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Land Use Case.219 E Durant Ave.0036.2010.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 00'3Vd010.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS DANCING BEAR PLANNER JEN PHELAN CASE DESCRIPTION VESTED RIGHTS REPRESENTATIVE WESTERN CAPITAL CORP DATE OF FINAL ACTION 05/1/2011 CLOSED BY ANGELA SCOREY ON: 4.30.15 i i 00-6 0, AS co File Edit geaord bavq& Form RW* For% Tab Help h J L) LA c114MUusiFwY [—MwJIYakration ArchfEng Custom Fields Subpermits Parcels c • Lend Use .4010ASLU D N A 1 0: 01 0' y x Permit Information c Master permit Rartng queue sU7 H Q010 z i Project —� Status 1pending • 0 N Description EHTENSTION OF VESTED RIGHTS FOR PHASE II OF DANCING BEAR RES-ASPEN g • Final' Submitted AESTON CAPITAL 544 6900 Clock Running Days❑0 Ex* 1 Submitted via Owner i Last name DANCING BEAR LAND,LLC Fest name PO BOX 571 ASPEN CO 81612 Phone (970)925-2500 Address Applicant Owner is applicant? Contrador is applicant? Last name 0ESTON CAPTIAL CORP First name PO BOH 1593 ASPEN CO 81611 Phone (970)544 6900 Cust#26836 Address Lender Last name First name Phone ( ) Address Displays the permit lender's address AspenGold5(server) angelas 1011 12 ��'� p a Q� I rvv, \Avo WILLIAM H.BAKER � � CONSTRUCTION Dancing Bear Monthly Audit � U—y V Date:May 5, 2014 Weather: Warm and clear Project: Temp.: 65 degrees Superintendent: Walkthrough Checklist: =carbon Monoxide Sensors:Battery Change Date: Last Change 9/13 next change 6/14.Will Change Next Month Fire Extinguishers:Next Service Due Date: Due to be serviced 6/14.Will Service Next Month =Building Cleanliness Overall cleanliness okay. Will have labor spend an hour or so cleaning =Lighting Operation Operational x=Storm Water Tank Appears fine QNo Water in Elevator Shafts No =Snow Removal is Complete(Less than 30"on terrace Roof) N/A =Heating System:Current Temperature: 41 degrees, Heat is not running Walk Entire Exterior of Site Qlt is Clean and in Good Order See above =Trash Pickup was Needed Fence Condition O Good =Repair Needed(Note Details below) Areas of concern and/or problems encountered: No new raccoon evidence, some evidence several months old. Potential Solutions: Remediation Activities: Other Comments: Dancing Bear Walkthrough Checklist.xls Dancin Bear Buildin Inspection Report *F E�. 5/5/2014 William H. Baker Construction 2 of 19 Dancin Bear Buildin Inspection Report -" - ; .q yyr 5/5/2014 William H. Baker Construction 3 of 19 Dancing Bear Buildin Inspection Report k Y E� k e<$ kEY w 4 5/5/2014 William H. Baker Construction 4 of 19 Dancing Bear Buildin • Inspection Report iY 515/2014 William H. Baker Construction 5 of 19 Dancin Bear Building • Inspection Report QU 5/5/2014 William H. Baker Construction 6 of 19 Dancin Bear Buildin In ection Report Aif 5 r � d a nom. Vi 51512014 T William H. Baker Construction 7 of 19 Dancin Bear Buildin • • Ins ection Report b I IN t p, 515/2014 William H. Baker Construction 8 of 19 Dancing Bear Building • • In ection Report e ' 4 ` ' 51512014 William H. Baker Construction 9 of 19 � .. •_ •� �; � r ��., V4Rc �� .asr 3,y �sad 7 6;S�� �E Y AW top m;?'6"" Wiz.e. ate'° f *fill _ �` 6 3 7'. FIE b Dancin Bear Buildin • Inspection Report w lls�� 51512014 William H. Baker Construction 11 of 19 Dandn Bear Buildin asec,ton Report � \ / { ` .. . � . . . 55/014 William H. Baker Construction 12o 19 Dancin Bear Buildin Inspection Report .he AS .r - .°r 3 pE ; 5/5/2014 William H. Baker Construction 13 of 19 Dancin Bear Buildin • Inspection Report I W � ty, R, 1�3 A 5/512014 William H. Baker Construction 14 of 19 ism,` �,. Oft- d x Nino y � t t �. C-. • •- • ' -9• Tr manA � �,!!! .0 a�H viM ' 7- ., ■ r skin kr F >s i yy n, +8~ 9i * •� ��� � {f� Ilii 9� ~�sx t,. A6� L C { rz , n ,x vw v rj �4 S1 �F � ; '� iY •��Mi i r ytf- .n � K �.: S - ♦ .d 3 i t o } Q) o m rn c 0 v v CL tA c c 0 ��. Ln 3 a p �a C r r v m to 4 d v o (�0 n LI1 CA-) WESTON CAPITAL CORPORATION ' POST OFFICE BOX 12393 AUG 1 5 2011 ASPEN COLORADO 81612 970-544-6900 CITY O F « COMMUNITY DEVE1,0 %-,N`` August 12, 2011 Ms. Jennifer Phelan Community Development Director City of Aspen 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273 513106002 Dear Jennifer: Please find enclosed the original executed surety bond rider that transfers the principal's name from Weston Capital Corp. to Tanzbar DB Holdings, LLC. Sincerely, Jean N. Coulter: Vice President WESTON CAPITAL CORP. American Contractors Indemnity Company HCC 601 S.Figueroa Street,Suite 1600 Los Angeles,CA 90017 ® main 310 649 0990 facsimile 310 645 9274 August 01, 2011 Surety Rider To be attached.to,and from a part FINANCIAL GUARANTEE Bond No. 1000881034 of Type of Bond In favor of CITY OF ASPEN , ADDRESS : 130 S. GALENA ST, ASPEN, CO 81611l,--------- Obligee On behalf WESTON CAPITAL CORPORATION, ADDRESS : C/O SIDLEY AUSTIN LLP, 555 W. of 5TH ST., LOS ANGELES, CA 90013 Principal Surety hereby gives it's consent to amend principal's NAME to read: From: WESTON CAPITAL CORPORATION To: TANZBAR CH HOLDINGS LLC To be effective: 07/21/2011 Signed and sealed this 1 day of AUGUST, 2011 American Contractors In a nity Company Michael Chalekson , Attorney-in-fact Producer: 9012-HCCS-H.O. BRANCH OFFICE 601 S.FIGUEROA ST.,SUITE 1600 LOS ANGELES,CA 90017 Obligee: CITY OF ASPEN 130 S.GALENA ST ASPEN,CO 81611 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 a State of California County of Los Angeles On N/01/2-011 before me, 011 Deborah Reese, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Chalekson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he%she/they executed the same in DEBORAH REESE his/her/their authorized. capacity(ies), and that, by Commission # 1926048Z his/her/their signature(s) on the instrument the ,s Notary Public-California z person(s), or the entity upon behalf of which the Z Los Angeles County person(s) acted, executed the instrument. M Comm.Expires Mar 18,2015 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Docum t Date: Number of Pages: Signer(s) Other n Named Above: Capacity(ies) Claim by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner — ❑Limited ❑General Top of thumb h ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact Attorney in Fact ❑ Trustee ❑Trus ❑ Guardian or Conservator ❑Guardian or Cons rvator ❑ Other: ❑Other: Signer Is Representing: Signer is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 '. —� � III' � ..",111111', •'�g 'II���II II - - _� = I Iit �I Illi �� 1 � I�I•�����. _ — I I 'I 11 R OF ATTC — __ = — I�l i IIII 1 1 1jII IgII IIIIIIIIII U11 I �l�'lhu�d111111 ill .: — _ = — AMERICAN CONTRACTORS INDEMNITY COMPANY,, UNITED STATES SURETY COMPANY U S.SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS ThafAmerican Contractors Indemnl rCom any California corporation United States VIII TI 111u IIII tzroan ;=a dZURVOpecialty Insuraric Iia, an, a Ixas corporaho> (ct� h — om mes iia these resents na —omt: III II I �I� �I .. P — Frank Mester,Anel T. edla;Tah Carazza,Michael Chalekson Ad IIIIII II Feinb�rg of Los Angeles,Cah�a its true and lawful Attomey(s)-in-fact, each:m their`separate,capacity if more than one is named above,with full power and authority r ori is name;place and,s}}ead,l�o e ! otHfel;I!acknowledge:and dee ids, recogn><zances�ue�takg�- - = 911 °'Il Illllu 4IIIIIIII1 !1111111 ( VII 11' �11111191111h — _ _ _ _jW M2 1 s or contrast io s; tys I III to��<ne de riders, a►_Id is o sof surety, v di t band Ilii l 'IIIIII111171111dllb-Ilii li�ili'Tl l ee:Million** DollarS_0_ � D00 '`)_- e xceed IIIIII" - — I his—Ower_of Attorney shall_ex ire without furthe 201 Tliis Power of Attorney is granfed under and by ql uuo olu y p r action on December , authority of the following resolutions adopted by the Boards of Directors of the Companies Be it Resolved, that the President,any Vice-Prestderif,any Assistant Vice-President any Secretary or;any Assistant Secretary shali.6e and is hereby vested with full . ower and autho ' -to_a oint an one or more suitable ersons as orney(s)m-Fact to represent an act for and on behalf of the Company,subject to the following �rovtsi2gs: .—n�-_PP Y — _ p_== = II 1� IIIIIIII'' IhIII III ilIl 'I Jlllil p. — — — _ _ _ 'lIIIIIIIIIV, II�LII,IiIIIl�. IjI'11Lul III �� I� �' `" 311 �t'1 acicnowled a and eandl � _- �1�arn�}cnc�a}yhc given full powered_= r_ a of and on:beha 1 IfIIIIIIIIIYYYY'IpIIIII�J •p�11111111 11.1111' IIII — �ecoguzanceo racCs,agreements or Inde actir obli ato undertang s a4idan1dd1andaln�li���.and docnmenEs canes_ arn€smatih Company's liability thereunder,and any suc ruments so executed b an .such Attorne-i IIIIF11ct shiall be bmdin u on,the Com an as if=d byy�ie President Y_. Y Y. g P P, Y and sealed and effected by the Corporate Secretary Be i1 Resolved,that the signature of any authonzed officer and seal of the Company heretofore or hereafter affixed to any.power of attorney of'any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be'vand and binding:upon the Company'with respect to An y bond-or i erg— o which it is attached VIII 1 V I! = llllll III IIII III I - - = — — IuIIIIgIIIV IIII II�IIIII�I�I IIIIIIIIII ��II�II I IIS I�19II - _�IREOF,The Cortspl �lillul Nha illlllils"IGPltuhrs instrument toI tiiarate seals to b�her�ty� Sof_une;2009. IIIIIIII�I��IIII�LVIIVIIII�I �I _ _ - AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY ' it li Illi• I 11111111'iiIhI Co o>ate SUN—= cWETDkr _ — — - - 11'1111 IIII yI yi11pVu1q� ,III (IIII u l IIII III I111Il1i - -— — : �, •�I 1 � �I IIIII!Illlllllllll lulu .. — — s INWINIAho o _ = e BY IIIIII II11116111I "."llmI II 4�-�-�--- sEn26,lsvo D1p1j1 P.A attar,Vice President �3dw o g' . State of California RD -0fnsl les SS III II 111 = _ - � III I (IIIIIIII , — _ _ — I 111111 oll,ip IiIi11111iIIIINlp111II, lilll III = — -- Ill'11 h 1I�1' IIIIIIIIII:�III G Iu III� -- — - — 111 1 III III 111111 III IIII 111 ii111I6 OnllfUM5 may of June, 2009, befbrbj 'e,m'll Wnlg't, a notary public, p on��apIfgrerDaniel P. Aguilar ice-Plestdent of American Contractors Indemnity Company,United States Surety Company and U.S Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person•whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,,and that,by his signature on the tnstru,ment,the person(s),or the entityupon behalf of (IIII"IIVIIIIII :; _ _ wh>eh1heperson(s�_acted,executed_th�xtstien _= 1111111 III"'11111'1 III 111111 = — — — = I I:it III II. Ili 1 — __ _ _ �_� IIIIIIII IIII11�I,;.11.. 11�' l:. I '�ll''L � ��• _-- --- _ IIII I i .111111 1111 I II 11111111 IIS. —I cert under P_=) NALTY OF PE �inider t Eof the State of I,a111fornia I�l� t foregoing paragraph3tianor�c '9VIIItIIIdVIII "u"Iu1V11111 -WITNESS my hand and official seams V.WRIGHT � I �,r�n ) NolafY I ublic-Cahtcrnia.• y Los Angeles County (Se 1 mill �IJIIIII111 N> mnesDac8.2012 _ _ Si mature ) g- = — — '11�'l;'II I�IgIIII l91l11111 "IdIII IIIIIIIIII 1111111 IILIVI = _ _— = _ = - - 11"11 IIIIII III,1p, IIII,a IIIIIII'll�;'ll�ll d''llll _ T,9e_anni�J _M sistant Secretaryli6fi riner,On!11,i11op Wactors Indemnity Compal s nit_ Surety Company_and U_S�ecialty Insurance Company,do hereby certifylllthat thelabove aria foregoing is a true_and Coro ce copy of-a Power of Attomey,execnted`by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. /J S;- In Witness Whereof,I have hereunto set my hand-ahLff ed the seals of said ClomplanieS alt LII sli;Angeles,California this L -dam_ I Vu IIIIIIIIII 19+ � IIS 111 'iluulu - - oL—�� sfiINIAL '' ,'; J'u I'I�' ll 1111111 I; �IIiI Ill pit — __ _ Ili IIIiI IIII III III II 1'l,l IMI I 1 — �1 � hI•'1111111 Ili IIII. ' 1 I III i 1!I 11 Iilll lila.�.. �... _ ' III Illllll 111 I! I I I _ — — == IIIIII 11111IIIVII'Idl 11 11' VIII 11 = — — - Corporate Seals SU�� �p Tctq�r� „ �IIII Li1i AI,VIII IS SIStant Secretary No Logo81e a Jeanniei{l l^ - - _ �ce 2 IIII I u I I I I* IIII' a -- — _ �'C� Iy 11'1111 111 III IIIIIIIIII' oo - _ - - p — — — = I�`�'a�IIhIlIu11111111'lllll''l.4�llll.�ll'll u1I111111�I'"� TVIC c) WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN, CO 81612 970-544-6900 .17 May 2011 Ms. Jennifer Phelan Planning Deputy Director City of Aspen 130'S. Galena St. Aspen, CO 81611 Reference: Resolution No. 78 (Series of 2010) Parcel No. 273513106002 Dear Jennifer: Paragraph 16 of the above-referenced Resolution No. 78 (Series of 2010) states that a bond or other security acceptable to the City shall be issued for restoration of the property if no-action is taken on the property within the period of the extended vested rights. To satisfy the requirements of Paragraph 16,please find enclosed a Surety Bond issued by American Contractors Indemnity Company in favor of the City of Aspen in the sum of $300,000.00. Once all the conditions of the resolution are satisfied and the extension of vested rights is granted including an amendment to the PUD agreement, we can complete the date and reception number blanks in Paragraph 1 of the surety bond. Sincerely, i �u Jean Coulter Vice President—Weston Capital Corp. Receiver cc: James DeFrancia Thomas Todd, Esq. American Contractors Indemnity Company b® HC C matin S.310 649 0990Figueroa e etfa,Suite csimile13110 649600,Los California 90017 BOND NO: 1000881034 SURETY BOND KNOW ALL MEN BY THESE PRESENTS: THAT,WESTON CAPITAL CORPORATION(hereinafter called the Principal)and.AMERICAN CONTRACTORS INDEMNITY COMPANY an Insurance Company of the State of CALIFORNIA(hereinafter called the Surety)are held and firmly bound unto THE CITY OF ASPEN,A COLORADO HOME RULE MUNICIPALITY(hereinafter called the "City")in the.sum of THREE HUNDRED THOUSAND AND NO/100 Dollars($300,000.00)to the payment of which sum the said Principal and Surety bind themselves and their heirs,administrators,executors,.successors,and assigns, jointly and severally,under the terms stated below. NOW THEREFORE,the condition of this bond is subject to the following conditions: 1. This bond has been issued for the use and benefit of the City of Aspen,a Colorado Home Rule Municipality(the "City")in connection with and pursuant to the terms and conditions of City Council Resolution No. 78,Series of 2010, concerning an extension of vested rights for the Dancing Bear Lodge,Phase II,formerly known as the Chart House Planned Unit Development(the"Project")a ,well as the Amendment to Planned Unit Development for the Project(the "PUD Amendment")dated effective as o 2011 and recorded under Reception No.SgD$$`din the real property records of the office of the and Recorder for Pitkin County, Colorado. 2. After thirty(30)days advance written notice to the Owner of the Project and West LB,the City may call on this bond if(a)development activities on the Property have not been initiated by June 30,2014(the"Extended Vested Rights Period")and(b)the above-grade site restoration activities(the"Restoration Obligations"), as identified in the Resolution and the PUD Amendment,are not initiated after expiration of the Extended Vested Rights Period. For purposes of the preceding sentence,the term"development activities" includes,but is not limited to,(i)submitting an application for a new or renewed building permit for construction work on the Property;(ii)actual,.on-site building activities;or, (iii)the submission or pendency of an application or applications for additional extensions of the Extended Vested Rights Period or for modifications to the existing terms and conditions of the Planned Unit Development for the Project. 3. In the event"the City calls on this bond,the funds shall be used solely for payment of the actual costs and expenses incurred in connection with completing the Restoration Obligations,up to a maximum of$300,000. 4. The Surety reserves the right to terminate this bond on the earlier to occur of(a)sixty(60)days after termination of the receivership proceedings currently affecting the Project in Pitkin County District Court Case No.2010 CV 98;or,(b) sixty(60)days after the sale or transfer of the Project. In the event of the surety's termination of this Bond,the Owner of the Project shall submit a replacement Bond or such other form or forms of financial assurance(s)that are reasonably satisfactory`to the City. 5. In the event this Bond is terminated pursuant to paragraph 4 above and not replaced or substituted to the satisfaction of the City within sixty(60)days of such termination,the City reserves the right to rescind and cancel the Extended Vested Rights Period; to vacate the present PUD approval;and to vacate Ordinance No. 32 (Series of 2005)all as the City might . find in the public interest. S--!, AND DATED this day of ,2011 TON CAPITAL CORPORATION,Receiver By: Name: T� r,, a Title: v«en SURETY: AMERICAN CON RACTO S DEMNITY COMPANY By: Name: MICHAEL CHALEKSON Title: ATTORNEY-IN-FACT LAI 2083223v.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE§ 1189 State of California County of Los Angeles On � _ 051 before me, Deborah-Reese, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Chalekson Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the DESORAH RE ESE person(s), or the entity upon behalf of which the Commission# 1928048 person(s) acted, executed the instrument: Z •4 Notary Public-California zZ Los Angeles County I certify under PENALTY OF PERJURY under the My Comm.Expires Mar 18,2015 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Gf�h.4.4.4 Ae�`'`- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the in below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Des tion of Attached Document Title or T pe of Document: Bond DocumentDate: Number of Pages: Signer(s) Other Than Namdd/Above: Capacity(ies) Claimed by Siner(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ❑ Partner—❑Limited ❑General Top of thumb he artner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact O Atto ey in Fact ❑ Trustee ❑Trustee\ E] Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: \ Signer Is Representing: Signer Is Representing: ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 -=—— - = ;�il�lj IIII• ill' �°I' I III IIIIIilill �lllilllh' TLOI 'IER_ OF ATT _ - - — _ — — — �I^ I �'ll� IIIIIIIIII III_-,�IIIIIWIII�I �I IIIb. _ r AMERICAN CONTRACTORS INDEMNITY COMPANY.: UNITED STATES SURETY COMPANY U S SPECIALTY INSURANCE COMPANY ty.; an I lifomia corporation,United States KNOW ALL MEN BY THESE PRESENTS That American Contractors Indemnt Com an C — Y: — _ tY _ _ ill III iilmluii catty Qmpau , Maryland ._ O tt _ectal Insuranc6'I III � IIs corporat�c ( _ - =�tOm ie� ioy.these presentfia�naomt VIII III I p�� - —. IIIIIIII Ilnitll� - Frank Mester,Ariel T.Media,Tah Carazza,Michael Chalekson Adam Feinberg of Los Angeles,California its true.and lawful Attomey(s)-in-fact,each-in their`separate capacity if more than one is named above,with full power and authorityro - _ts name,placleuuanl Iteliullal ° l T gII Ilcknowledge and de ids,recogruzancesunde�ta> ng -- I d III III _ IiPlll II II4 - - _ - hirits or contracts oi�re o in��udeof surety, o�Iirg t31u bund II All loll e al IIS-_- ceed 1111111 ilul�l'llll III I�I IIIIIII I�I� II If illi 11 II I iI Million** _ Dollars ($:W30 -0200-1 ) �j^ _ ui°IIIVami_. ruu.ulllllul �I hir ower.of Attorney shall expire ithout fiirther action on December llO l This Power of Attorney is granted un rand by authority of the following resolutions adopted by the Boards.of Directors ofthe Companies . Be it Resolved, that the President any Vice-Pres>dent;any Assistant Vice-President,any.Secretary or any Assistant Secretary shall lie and rs hereby.vested.wth full -- — — p — and`act fo j'I d Vulehalf of the Company subject to the following moo er�aond authont�to appoint any one or more sn�table persons"a44di ey(s)m Fact to represent .. lm� J — _}� power" — MINI;, I, III _ III VIII � —_ffl me V=acs_ given full ower y �e of and on beha of h p e t� Imowledgb and ecognrza = g ui IllI . Ip l�lfidlllll 10rilbl�ll�ll is and documents earl a atit -h ompanyIIs liability thereunder reundermand any suchtrumeaceute by any such Attorney-i+l� �ct sli Iae bmdng upon the Company as lif=d b> President and sealed and effected by the Corporate Sec etary Be it Resolved,that the signature of any authonzed officer and seal of the Company heretofore or hereafter affixed to any power of attorney orgy certificate relating : , thereto by facsimile,and any power of attorney or,certificate bearing facsimile signature or facsimile seal shall be valid and'binding upon the Company with respect to _ny l ni or i0pda[o which it is attached.'.' j ill' _')III III IIIIIIIIII _ g911?III�II�IIIII�III- IIIIIIII III �11 -:.. _ OF The C�p� �e ha cs tl instrument to_�d rate seals to b�ier�ffradlai-s_=- - IM ARE e :'I? p gull VIII I�IIII IItlIIIII�I,N A fMnn,009. IIIIIIIIII�IIII� IIIII�IIImIIIIIIIIVII AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY' U S SPECIALTY INSURANCE COMPANY II, II 'II it ' __ = _ = �o� ✓yya = = s, oIIIf 11 �I I III I III I�IIII ISI,' _- - I � �I gIIIIIIIIIIIIIIIIi� 3 pItORPOGTED = N 4 j IIII SEPL26,1940 By:I,�IIIQI I ..ldlm u t color — 1j Daniel P Aguilar,Vice President - auiunM State of California IIIIIIIIII IIII IP IIIIIIII',Illlq, = _ �ou _of�o_ g-les SS 1111 - - iIIIII' li�'IIi II III Ij SII III III I dl,!II _ —_ ,III li 4jll Ili II IVIIIi�I ISI IIIL I Il�il!III!illi,°I = = — = _ - - _ y — n-tir 5`-day of June 2009, befolrle'•zrie,Ih IIII I bight; a notary public, pjff nop pp>eare�Daniel P. Aguilar ice President of American Contractors Indemnity Company,United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instr lment and.acknowledged to me that he executed-the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the erson s acted executecLthstten _ III 'IIpII�I 1111111 °IIIIIIII it! P (�_ - _ __— = ___— Illi'I IIII II I�l I _ _ _ --— _ IIJIIhI IIII 11'1111 IIT: �I. III III IIII IIIIIUI III II — — T certify underENALTY OF PEInder 1 of the State of,C liorr�a,tat Xlle foregoing para graphorectc- . __ _ uIIIIIIIIIIIIII I_uIIIOIIIIOI — — FITNESS.my hand and official seal ab'-r Comullssian p18°G14B �; i <�"o� NotatY Pubiic=Cafiloima `i > I�/ z Los Anpcles.County �i .iture -�; Mality Jean e J Kind Assistant secreta ontractors Indemnity -_a_n�� n� _ s= care ompan an riSnran�e Com any,d0 hereby Certl haf tlll•,IIIII'I' :Illil;11 l u i,nim,• _ _ - of encan p y y !Ihel above and foregoing is a trued correct copy of a Power of Attorney,executed by said- Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my_hand nd=affExed the seals of said Co' aniesl' sl ngeles;California this -dad VuII�IIII� IIIIIIII IIII II,IIII� — _ Of ��— _ — 1�illylh� ',Ii�IIVIIII III; III III II i III IIII Ili �I I°9I = — _ _ _—- - ,1111111 IIII(IIII III 1 L ,I Ill��lll � ;IIII IIII'��jflllu l�:; — _ _ V IIII Corporate Seals �a.��,crogr�Q -suRF� v T Bond No. - �Ju� �+� � 9 EAL y e Jeannie Assistant Secretary sirr 26 rel o r III l III II II Il + � 0— 9�-- ��,'I�,I IIII�IIGIIII�IIIIIe��'u111 �IRh?I Il;pllll!��;�'!y; �d b _ — — — — - AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE DANCING BEAR RESIDENCES (FORMERLY KNOWN AS THE CHART HOUSE PLANNED UNIT DEVELOPMENT) THIS AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT FOR PHASE II OF THE DANCING BEAR RESIDENCES (FORMERLY KNOWN AS THE CHART HOUSE PLANNED UNIT DEVELOPMENT) (the "Amendment") is made and entered into this itffday of June, 2011, by and between WESTON CAPITAL CORPORATION, RECEIVER FOR DANCING BEAR LAND, LLC (hereinafter "Owner"), and THE CITY OF ASPEN, COLORADO, a Colorado home rule municipality(hereinafter 11City") WITNESSETH: WHEREAS, Pursuant to the Amended Order Appointing Receiver(the "Order") issued in Pitkin County Colorado District Court Case No. 2010 CV 98, Weston Capital Corporation, a Colorado corporation, is the court-appointed Receiver(the "Receiver") for certain real property owned by Dancing Bear Land, LLC, a Colorado limited liability company, described as the Chart House Planned Unit Development, legally described as the Chart House Lodge, according to the Final Plat and Subdivision Plat Recorded February 17, 2006 in Plat Book 77 at Page 49 under Reception No. 520960 (the"Property"). The Order, among other things, authorizes and empowers the Receiver to manage, preserve and protect the Property; and WHEREAS, pursuant to Ordinance No. 32, Series of 2005, the Property was approved for a subdivision/planned unit development and granted a three (3) year period of vested rights (the"Vested Rights Period") for the development of eleven (11) residential timeshare lodge units with twenty-one (21)keys and two (2) affordable housing units. The Property is subject to that certain Planned Unit Development Agreement (the "PUD")made and entered into effective as of February 15, 2006 by and between the City and Dancing Bear Land LLC's predecessor in interest. The PUD was recorded in the real property records on Februaryl7, 2006 under Reception No. 520961; and WHEREAS, the building permit was issued for the building improvements on the Property during the Vested Rights Period, construction began but is presently stalled at the structural steel erection process. The building permit is currently active and is valid through June 30, 2011 but there is uncertainty as to when and how construction m`ay be reactivated; and WHEREAS, the Receiver submitted an application with the City seeking approval of a request for an extension of the Vested Rights Period, which application was deemed approved, subject to certain conditions as set forth in Aspen City Council Resolution No.78 (Series of 2010) (the "Resolution"). One of the conditions of approval requires that the PUD be amended to include the terms and conditions of the Resolution as well as certain other representations and agreements made in connection therewith; and RECEPTION#: 580889, 06/30/2011 at 08:43:26 AM, 1 OF 7, R $41.00 Doc Code AMENDMENT Janice K. Vos Caudill, Pitkin County, CO • WHEREAS, the Receiver is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the Resolution; and WHEREAS, pursuant to the City Land Use Code, the City is entitled to certain financial guarantees to ensure that the conditions of approval of the Resolution are satisfied, and the Receiver is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Resolution for recordation by the City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: A. AMENDMENTS TO PUD Pursuant to the Resolution, the following are hereby deemed amendments to the PUD: 1. Within 60 days of the effective date of this Amendment, the temporary gas utility meter on the Property shall be disconnected unless there is a need for heat. 2. Within 60 days of the effective date of this Amendment, the electrical service shall be disconnected unless there is a need for power. 3. Within 60 days of the effective date of this Amendment, a report from the engineer on record shall be provided outlining any necessary remediation of the non-galvanized bolts and nuts at the column and girder connections that are currently rusting. Additionally, the engineer on record will outline any necessary remediation prior to reactivating construction on the Property. 4. Within 60 days of the effective date of this Amendment, the Receiver shall confirm that there is no standing water in the below grade levels of the building improvements on the Property. 5. Prior to reactivating construction on the Property, special inspections on the field welds and high strength bolt connections shall be performed and approved. 6. Prior to reactivating construction on the Property, special inspection of the concrete walls, slabs and elevator shafts shall be performed and approved. 7. Within 60 days of the effective date of this Amendment, asphalt paving restoration in the parking area on the west side of Monarch Street shall be completed. The existing asphalt paving shall be milled and over-laid with new asphalt from the centerline of Monarch Street to the curb on the west side of Monarch Street. Additionally, within two (2) years of an approval of the effective date of this Amendment, asphalt restoration from the centerline of Dean Street to the curb on the north side of Dean Street shall be undertaken unless 2 construction on the Property is reactivated within such two (2) year period, in which case restoration of the Dean Street asphalt paving shall be required no later than issuance of a Certificate of Occupancy. S. Within 60 days of the effective date of this Amendment, curb and gutter replacement around the public streets fronting the Property(Monarch Street, Dean Street and Durant Avenue) shall be completed; it is expressly acknowledged that there are multiple locations around the Property that require new curbing and new gutter pans in order to properly convey drainage around the Property. 9. Within 60 days of the effective date of this Amendment, the sidewalk on Monarch Street between Dean Street and Durant Avenue shall be completed along with appropriate ADA ramps. 10. Within 60 days of the effective date of this Amendment, trash pick-up on the Property shall be completed, and maintained. This includes debris within the building site and surrounding the building site 11. Within 60 days of the effective date of this Amendment, permanent stabilization of the site, due to erosion, is required. This can be vegetation or stone. 12. Within 60 days of the effective date of this Amendment, the Receiver shall re- establish perimeter controls to contain sediment on the Property and reduce erosion on the Property. 13. Prior to reactivating construction on the Property, a new Construction Management Plan shall be submitted and approved. 14. Within 60 days of the effective date of this Amendment, improved fencing shall be installed around the perimeter of the Property. The fencing may be a combination of chain link and wood to improve aesthetics. 15. Within 60 days of the effective date of this Amendment, a bond or other security acceptable to the City shall be issued for restoration of the Property if no action is taken on the Property within the period of extended Vested Rights Period. 16. During the extended Vested Rights Period, consistent monitoring of the site for trash and safety issues will occur. B. FINANCIAL ASSURANCE In order to secure the performance of the restoration obligations described in Section A(15) above, Receiver shall deliver to the City an irrevocable letter of credit in form and substance approved by the City Attorney, or other security acceptable to the City, in the 3 estimated amount of the cost of performing the restoration obligations. In the event such irrevocable letter of credit or other security acceptable to the City is terminated and not replaced or substituted to the satisfaction of the City within sixty(60) days of such termination, the City reserves the right to rescind and cancel the extended Vested Rights Period, vacate the present PUD approval, and vacate Ordinance No. 32 (Series if 2005), all as the City might find in the public interest. C. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER In the event City determines that any of the above required improvements have not been satisfied as required in this Article 11, City shall give the record owner of the Property written notice specifying the deficiencies, and in the event the record owner has not corrected the deficiencies within 30 days following receipt of such notice, City shall have the right to draw upon the letter of credit as may be necessary to complete the Restoration Obligations in accordance with the requirements of this Article II. In addition to the foregoing, Receiver or its respective successors or assigns may, on their own initiative, petition City for a variance, an amendment to the PUD or this Amendment, or an extension of one or more of the time periods required for performance hereinunder. City may grant such variances, amendments to the PUD or this Amendment, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that City shall not unreasonably refuse to extend the time periods for performance if the record owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) are beyond the control of such owner, despite good faith efforts on its part to perform in a timely manner. D. GENERAL PROVISIONS 1. The provisions herein shall be binding upon and inure to the benefit of the Receiver and City and their respective successors and assigns, including all future owners of the Property. 2. This Amendment shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Amendment or any paragraph, sentence, clause, phrase, word, or section or the application in any circumstance is invalidated, such invalidity shall not'effect the validity of the remainder of the Amendment, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Amendment and the PUD contain the entire understanding between the parties hereto with respect to the transactions contemplated herein, and except as otherwise 4 • 0 specifically provided herein, may be altered or amended from time to time only by written instruments executed by all parties hereto that are affected by the proposed amendment. 5. Numerical and title headings contained in this Amendment are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Notices to be given to the parties to this Amendment shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns. City of Aspen Director of Community Development 130 South Galena Aspen, CO 81611 Weston Capital Corporation P.O. Box 1593 Aspen, CO 81612 With a copy to : Thomas J. Todd, Esq. Holland &Hart, LLP 600 East Main Street Aspen, CO 81611 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the title to the lands within the Property and all parts thereof, and all owners thereof from time to time and their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns, including all future owners of the Property. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. RECEIVER: LWE API L CORPORATION, a C ora orporatio , Receiver es M. eFrancia, President 5 CITY: CITY OF ASPEN, COLORADO By: Michael C. Ireland, Mayo ATTE T: Kathryn Koc APPROVED AS TO FORM: o y 6 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this e1hy of June, 2011, by James M. DeFrancia, President of Weston Capital Corporation, Receiver. Witness my hand and official seal. My commission e} O,�PRY pG� Rhonda iC9 Notar Public s � BaZil PCO aP, ss��h EXi`IHEB��'d\ STATE OF COLORADO J ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of June, 2011, by The City of Aspen, Colorado,by Michael C. Ireland, as Mayor, and by Kathryn Koch, as City Clerk. Witness and official seal. ,gyp,L• NFC Notary Public s�q� ••.Ve��G•P°o FBF co 4 94013 6*.CQMftft Etyrgj 7 Jennifer Phelan From: Tyler Christoff Sent: Wednesday, June 29, 2011 2:36 PM To: Jennifer Phelan Cc: 'Jean Coulter'; Steve DeClute; Tricia Aragon Subject: RE: DB 2 status Jennifer, Dancing Bear Mountainside has submitted the last documentation required for as-builts, hydraulics and hydrology and asphalt restoration. They have completed the Engineering Department's requests regarding this project. Tyler A. Christoff Project Manager Engineering/Asset Management Department City of Aspen tylerc@ci.aspen.co.us (970) 544-3143 From: Jennifer Phelan Sent: Tuesday, June 28, 2011 12:13 PM To: Tyler Christoff Subject: DB 2 status Hi Tyler:Just checking on the Dancing Bear 2 status...we are supposed to record the agreement by Thursday. Can you fill me in on where we are at? Do I need to get in touch with Jean on anything?Thanks. Je+uufew Phetav,,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 • WESTON CAPITAL CORPORATION POST OFFICE BOX 12393 ASPEN COLORADO 81612 970-544-6900 RECPhze- June 21, 2011 JUAI 2 WC 1 20 Ms. Jennifer Phelan C �Y®P,�Sp ,� CommunityAspenDevelopment Director ryQQj,op_N City f 130 S. Galena St. Aspen, CO 81611 Re: Resolution No. 78 (Series of 2010) Parcel No. 273513106002 Dear Jennifer: This transmittal confirms that the final punch list improvements and administration for the City of Aspen Engineering Department has been completed and submitted as required to satisfy the conditions of the above-referenced resolution. For your files, I have enclosed the June 21 transmittal letter to the Engineering Department, the June 13 confirmation from William H. Baker Construction of performance and completion of punch list work, and the May 10th Engineering punch list. This completes the requirements of the Resolution and the extension of vested rights should be effective. Sincerely, Jean N. Coulter: Vice President WESTON CAPITAL CORP. • • WESTON CAPITAL CORPORATION POST OFFICE BOX 1593 ASPEN, CO 81612 970-544-6900 21 June 2011 Mr. Tyler Chistoff RECEIVED Project Manager Engineering/Asset Management Department JUN 212011 City of Aspen City of Aspen 130 S. Galena St. Engineering Dept. Aspen, CO 81611 Reference: Dancing Bear Right of Way Punch List Items Dear Tyler: Please find enclosed the remaining outstanding administrative items to complete the Dancing Bear Right of Way punch list items as described on your May 10th transmittal. Additionally, all physical site improvements have been installed as requested. Sincerely, Jean Coulter Vice President—Weston Capital Corp. Receiver cc: James DeFrancia William H. Baker C O N 5 T R U C T 1 O N June 13, 2011 Tyler Christoff City of Aspen Engineering Department RE: Dancing Bear Right of Way Punch list Items Tyler- I am providing the following in response to the May 10th, 2011 punch list: • Please find the attached as-builts showing the improvements made per the Right of Way permit#0044.2010.RWBU. In addition please find the Hydraulics and Hydrology reports for the Monarch and Durant inlets - provided by SGM Engineering. • Please find an application for Permanent Encroachment of the inlet located at the North Western corner of the property. • Per our onsite meeting on 5-17-2011 -the 1.5" overlay of the asphalt patches on Monarch and Dean Streets and Durant Avenue will not be completed. Instead a full depth repair at the intersection of Monarch and Durant was completed per our meeting and on site agreement. • The pedestrian ramp along Monarch Street,at NE corner of the property has been removed and re-built and is now perpendicular to Monarch Street. • We have replaced the flat section of curb and gutter on Monarch to offer positive drainage to the Monarch inlet. • We have completed the grading, soil stabilization and root protection on the embankment at NW corner of the property. • We have replaced the chipped curb and gutter section along Durant Ave. • We have installed a T wide sidewalk along the Dean Street. • We have installed mulch along the northern side of the property-along the new Dean sidewalk. • We have removed all material and debris piles from the property. I am more than happy to review any of these items in the field. If you have any additional questions for me please do not hesitate to contact me. Regards- Steven DeClute William H. Baker Construction 210 AABC Suite MM Aspen,Colorado 81611 Phone:970.925.2391 Fax:970.920.2951 info@whbconstruction.com www.whbconstruction.com ;� �� ........................ . May 10,2011 Steve Declute Wiliam H. Baker Construction Tiu CITY QP ASPEN 210 AABC Suite M-M Aspen,CO 81611 RE: Dancing Bear Right of Way Punch List Items Steve- , , I am providing this letter documenting outstanding Right of Way(permit#0044.2010.RWBU)punch list Items as discussed in our field meeting today: Provide as-builts and supporting design calculations for the project including two(2),Inlets located within project limits. Acceptance conditional upon City's Engineer's review and approval of hydraulics and hydrology. Additionally,replace to City standards or,provide permanent encroachment for inlet located at north western corner of the property. - Asphalt patching outlining the property does not meet city Construction and Excavation Standards(Section E: Repairing Streets) Mill and overlay 1.5"(minimum)asphalt patches on Monarch Street,Durant Avenue and Dean Street: Pedestrian ramp along Monarch St at NE.corner of property needs to be adjusted-to be perpendicular to Monarch St. -' Replace section of curb and gutter to warrant positive flow to neighboring inlet. Curb and Gutter section is located to the north of existing Monarch.St inlet. Provide grading,soil stabilization and root protectign on embankment at NW corner of property. Replace curb and gutter sections along Durant Ave with chipped pan. Located towards eastern section of property along Durant Ave. Install 5'wide,HMA sidewalk along southern side of property to connect sections of existing sidewalk. Install mulch along the northern side of the property where permanent sidewalk will be place'upon-project completion. Remove material piles and debris on the northern side of property Thank you for your time in the field today. if you have any additional questions please don't not hesitate to contact me. Tyler Chrlstoff Project Manager Engineering Department City of Aspen 130 SOUM GALENA SAM • Asm,,COLORADO 81611-1975 PHO\'E 970.920.5000• FAx 970.920.5197 www.aspengov.com Printed or.Rxpdai['aper