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08-06-07 Town Council PacketSNOWMASS VILLAGE REGULAR MEETING AGENDA AUGUST 06, 2007 PLEASE NOTE THAT ALL TIMES ARE APPROXIMATE — ITEMS COULD START EARLIER OR LATER THAN THEIR STATED TIME CALL TO ORDER AT 4:00 P.M. Item No. 1: ROLL CALL Item No. 2: PUBLIC NON-AGENDA ITEMS 5-Minute Time Limit) Item No. 3: COUNCIL UPDATES Town Council Item No. 4: AMERICAN RENEWABLE ENERGY DAY FUNDING (Time: 5 Minutes) ACTION REQUESTED OF COUNCIL: AREDAY 2007 requests 1,000.00 TOSV sponsorship contribution to the 4'" annual American Renewable Energy Day in Aspen, CO on August 24'" and 25h. Jackie Francis on behalf of Chip Comins Page 1 (TAB A) Item No.5: CONSTRUCTION UPDATE (Time: 30 Minutes ACTION REQUESTED OF COUNCIL: Two-week look ahead for construction activity Jason Haber Page 2 (TAB B) Item No. 6: DISCUSSION OF FUTURE BASE VILLAGE PUD AMENDMENTS Time: 30 Minutes) Pat Smith & Carey Shanks Page 7 (TAB C) Item No. 7: FIRST READING OF ORDINANCE NO.15, SERIES OF 2007a MINOR PUD AMENDMENT TO BASE VILLAGE PUD CONDITION NO. 7: (Time: 1 hour) ACTION REQUESTED OF COUNCIL: Approve first reading of Ordinance No.15, Series of 2007. Chris Conrad Page 8 (TAB D) Item No. 8: FIRST READING OF ORDINANCE NO. 12, SERIES OF 2007 — ENGINE IDLING AND CONSTRUCTION MANAGEMENT REGULATIONS ACTION REQUESTED OF COUNCIL: Approve first reading of Ordinance No. 12, Series of 2007 Jason Haber Page 52 (TAB E) Item No. 9: FIRST READING OF ORDINANCE NO. 13, SERIES OF 2007 — CONSTRUCTION MITIGATION FEE (Time: 30 Minutes): 08-06-07 T.C. Agenda Page 2 of 3 ACTION REQUESTED OF COUNCIL: Approve first reading of Ordinance No. 13, Series of 2007 Jason Haber Page 79 (TAB F) Item No. 10: CONTINUATION OF PUBLIC HEARING AND DISCUSSION — SAM'S KNOB RESTAURANT: (Time: 1 hour) Special review application for the Snowmass Mountain Sam's Knob replacement restaurant and other interim ancillary facilities on Sam's Knob. ACTION REQUESTED OF COUNCIL: Consideration of Applicant's request to amend the application; and subsequently review the application as a whole. (continued from 05-21-07) Jim Wahlstrom Page 84 (TAB G) Item No. 11: CONTINUATION OF PUBLIC HEARING AND SECOND READING — SNOWMASS MOUNTAIN —ORDINANCE NO. 08, SERIES OF 2007: Time: 15 Minutes): Consideration of a minor planned unit development (PUD) amendment proposing extension of the deadline to complete the Sam's Knob replacement restaurant. ACTION REQUESTED OF COUNCIL: Approve, modify as needed, or deny the second reading of the ordinance. Tabled from 07-09-07 T.C. Meeting) Jim Wahlstrom Page 117 (TAB H) Item No. 12: FIRST READING OF ORDINANCE NO. 14, SERIES OF 2007- AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30°,(0) WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD: (Time: 30 Minutes). ACTION REQUESTED OF COUNCIL: 151 Reading Approval, Approval with Conditions or Denial. (Tabled from 07-09-07 T.C. Meeting) Bob Nevins Page 145 TAB 1) Item No. 13: SELECTION OF A CONSULTANT TEAM FOR COMPLETING AN UPDATE OF THE 1998 COMPREHENSIVE PLAN (Time: 30 Minutes) ACTION REQUESTED OF COUNCIL: Staff needs Council's approval on the ranking of the Consultation Team for the Comp Plan Update and staff needs approval to negotiate contract. Russ Forrest Page 168 (TAB J) Item No. 14: MANAGER'S REPORT Nothing to report. Item No. 15: MEETING MINUTES FOR: JUNE 28, 200'7_ Page 170 (TAB K) l 08-06-07 T.C. Agenda Page 3 of 3 Item No. 16: COUNCIL COMMENTS/COMMITTEE REFORTS/CALENDARS Item No. 17: ADJOURNMENT NOTE: Total time estimated for meeting: 5 hours 45 minutes (excluding items 1-3. and 14-16) ALL ITEMS AND TIMES ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT FURTHER NOTICE. PLEASE ("ALL THE OFFICE OF THE TOWN CLERK AT 923-3777 ON THE DAY OF THE MEETING FOR ANY AGENDA CHANGES. PLEASE JOIN TOWN COUNCIL FOR A SOCIAL AT TASTER'S AFTER TONIGHT'S MEETING. MEMORANDUM TO: Snowmass Village Town Council FROM: Jackie Francis on behalf of Chip Comins DATE: August 6, 2007 SUBJECT: American Renewable Energy Day Funding I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: AREDAY 2007 requests $1,000.00 TOSV sponsorship contribution to the 4' annual American Renewable Energy Day in Aspen, CO on August 24`h and 25th. Governor Bill Ritter and Denver Mayor John Hickenlooper will join other renewable energy experts and deliver keynote speeches at the Wheeler Opera House on Friday afternoon. Many City, County, for profit and non-profit companies, and organizations will table on Sat. the 25`h along Wagner Park and present io the public energy efficient and renewable energy technologies in efforts to raise awareness to reduce CO2 in the atmosphere and fight global warming. We ask for an increase in sponsorship funding over 2006 funding levels in order to help defray costs of added activities and speaker series. Please see our website for full description: www.areday.net The Town of Snowmass Village is encouraged to table along with other AREDAY sponsors including the City of Aspen, CORE, Pitkin County, RFTA, and others educating the public to what local governments and agencies are doing to reduce their carbon footprint. Thank you, Chip Comins Executive Producer 970) 948-9929 Jackie Francis Co-producer MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: August 6, 2007 SUBJECT: CONSTRUCTION UPDATE I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. Receive Construction Update, including: 1. Construction Coordinator's Weekly Report (attached) 2. Right of Way Impacts (attached) II. DISCUSION ITEMS 1. General Construction Issues 2. Right of Way Impacts 1. Lower Carriageway Two-way Traffic Schedule 2. Brush Creek Bridge Schedule III.NEXT STEPS Staff will continue to provide a Construction Update at each Council Meeting. CONSTRUCTION COORDINATION WEEKLY REPORT # 20 Week Ending 07/28/07 Traffic Control I did receive several calls on Monday and Tuesday from town staff regarding backed up traffic on Brush Creek Rd. I received one call from the police and one call from a citizen. It was do to the one lane closures on Brush Creek Rd and Wood Rd to excavate install and backfill for the quest line that crosses the road at those locations. I called the TCS for A-1 and just asked if they could clear the uphill lane of Brush Creek quicker. I drove through several times during these days and my longest delay was 5 'f2 minutes on Brush Creek Road. All other times I went through with less than 2-3 minute delays. I'm sure that some people were caught in longer delays, especially between 8:00 and 9:30 A.M. since that was when I received most of my calls. I believe they were isolated delay times, because most of the day on both days, traffic seemed to move through the area without too much delay time. . Construction Activity Entryway Brush Creek Road/ Seven Star Aspen Earthmoving continued working at the visitor center site this past week. The work consisted of building up the grade and shaping landscaping berms in the non-structural fill areas. This work required a minimal amount of traffic control. I did not receive complaints regarding this site this week. Employee Housing They started installing shallow utilities at the upper section of Bronco Lane They continued to grade the entrance road to the area. They installed Comcast cable in the shoulder of the entrance road to the area. Aspen Earthmoving feels they are on schedule to have the entrance road and the upper end of Bronco Lane available for access use by the end of next week. No complaints were received regarding this site. Town Hall Ongoing construction activity within project limits. I did not receive any complaints regarding this site this week. Upper Kearns Rd Utilities Upper Kearns Rd remains closed until Sept. 15th for utility work. Upper Kearns road will be temporarily opened for Labor Day weekend. Aspen Earthmoving feels they are on schedule to open by Sept. 15`h I did not receive any complaints regarding this site this week. Base Village I received a call regarding trucks that access the buildings from the upper end stop using their Jake"brakes going down fanny hill access road. Weitz Co. has monitored this closely and told all truckers to turn off their Jake brake. The Weitz company superintendent reported back to me that he only heard one vehicle using them last week and that was a TOSV fire truck. Lower Carriage Way: Ongoing construction in this area this week PCL's schedule shows opening Lower Carriage Way to two lane traffic by Sept. 25`h. I did not receive any complaints regarding this area this week. Wood Road: The detour will remain in place until August 14`n. PCL and Weitz are on schedule to open lower Wood road by Aug 14`n. Traffic control is in place daily. Brush Creek Bridge: The road cut in Brush Creek Road at Upper Kearns will b,:paved on Monday 7/30 and Tuesday 7/31. They have arranged to pave the smaller road cuts in Brush Creek Rd and Wood Road on Monday evening after 6:30 P.M. This was agreed to because this work requires one lane closures. Elam has agreed to stay late Monday so they don't impact traffic as much as it would have during the day. Shaw's construction schedule shows opening the new bridge to two way traffic on Aug. 22. Brush Creek Stream Restoration Construction on this project is ongoing this week. They have completed the rock structures at the upper limits of the project. ERC's schedule show s the stream restoration complete by Sept. 15`n I did not receive any complaints regarding this project this week. Crestwood The work at the Crestwood's is on site and not affecting ROW. I did not receive any complaints regarding this site this week. Woodrun Place I drove Wood Road past the site every day. Hauling material off the site has been minimal. I did not receive any complaints regarding this site. Sinclar Meadows Construction at this project is ongoing. There will be a detour to the Fox Run Trail in the next week and it will stay in place for approx. 3 weeks I did not receive any complaints regarding this site this week. Right of Way Impacts August 4th—August 18th Entryway Construction on entryway"tum-out" lanes is ongoing. Landscaping project continues around Town Park. Town Hall Upper Kearns Road will be closed for utility installations from July 17th-September 15th. Access in and out of the Snowmass Center will be from Lower Kearns Road only during this time. (Kearns Road will open for Labor Day Weekend). Base Village and Brush Creek Bridge Projects Upper Wood Road(Between Enclave and Crestwood) Periodic one-lane closures through August 30' for bridge stonework. Periodic one-lane closures August 8"-15"for gas line installation. Periodic one lane closure Sept 0-15"for guardrail installation. Brush Creek Bridle and Lower Wood Rd. Bridge is scheduled to open on August 30". Wood Rd.snowmelt concrete pour August 7'h4h Brush Creek Road(Between Upper and Lower Kearns Rd.) Two lanes of traffic may be shifted August 6'—9' for water line work on shoulder. Periodic one-lane closures on August 10"for Water line potholing at tie-in location. Periodic one-lane closures August 23rd-25th for water line tie-in. Periodic one-lane closures during the week of August 27"for paving at water line tie-in. Lower Carria¢e Way Lower Carriage Way is open to one-way downhill traffic. Lower Carriage Way is currently scheduled to open to two-way traffic in mid-September. The approved Base Village CMP indicates that two-way traffic was to be in place by August 30'". Brush Creek Stream Restoration Periodic traffic stops may be necessary at the Wood Rd.and Lower Carriageway intersection for material removal and deliveries through the end of the summer. A second creek access point has been established across from Lower Kearns Road. Sinclair Meadows Dewatering is ongoing for the next few weeks. Brief right of way impacts may be experienced as fill material begins to be imported to the site. Alternate trail connections and signs are being developed. The Fox Run Trail (Behind the Little Red School House) will be temporarily closed for approximately 3 weeks beginning August 4th. For trail detour, use Owl Creek Trail. Woodrun Place No roadway impacts at this time. Potential Future Projects: August/September-Water line installation in Wood Road(to approx. % mile below Thornton Rd.)and in Thornton Rd. for on-mountain water storage tank. Fall Off-season-Water line installation in Brush Creek Road for Brush Creek/Wood Rd.Roundabout. rM RELATED WESTPAC Russ Forrest Town Manager Town of Snowmass Village PO Box 5010 Snowmass Village,CO 81615 August 3,2007 Re: Base Village Agenda Items for the August 6,2007 Town Council Meeting Dear Russ, Related WestPac would like to confirm our request with you regarding the August 6, 2007 Town Council Meeting. As discussed, we would like to present the proposed modifications to the Base Village PUD. This is in response to input we have received from both Town council and Planning Commission. Please contact me if you have any questions or comments regarding this request. Thank you for your assistance. Best Regards, Carey Shanks Related WestPac 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (fl MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department MTG DATE: August 6, 2007 SUBJECT: FIRST READING - ORDINANCE NO. 15, SI°_RIES OF 2007 MINOR PUD AMENDMENT TO BASE VILL.AGE PUD CONDITION First reading of Ordinance No. 15, Series of 2007, an ordinance considering a minor PUD amendment to conditionally delete Condition No. 07 of Ordinance No. 21, Series of 2004 (Base Village PUD). Applicant: Related WestPac, LLC on behalf of Base Village Owner, LLC Planner: Chris Conrad, Planning Director 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL.: Purpose: Related WestPac is requesting approval to delete Condition No. 7 Condition 7') of Ordinance No. 21, Series of 2004 (Final PUD approval for the Base Village) to specifically allow Buildings 13A and 13B ("Base Village Hotel") to be operated by Kor Hotel Group as a Viceroy Hotel brand. Their specific request proposes that two (2) conditions be applied, as stated in Exhibit "C" of the enclosed Ordinance, that implement a development agreement (see Attachment 2 of this report) and carry forward the Condition 7 requirement that an agreement be provided to ensure that the hotel will be operated at a level that meets the American Automobile Association's "Four Diamond" standards. Please note that Section 2 of the application notebook indicates that the Applicant is requesting approval to delete only subparagraph (a) of Condition 7 (refer to Exhibit "A" of the enclosed ordinance or Section 2, Background, of this report for the current Condition 7 language). The application was amended at the July 18 Planning Commission meeting to propose that Condition 7 be deleted in its entirety as subparagraph (b), concerning lockoffs, has already been satisfied and the 3/4 supermajority vote is still required to approve the enclosed ordinance. Action Requested: The Applicant's request to delete Condition 7 is a Minor PUD Amendment. The Town Council shall: 1) determine whether the proposed amendment is consistent with the following standards: a. Consistent with original PUD. The ;proposed amendment shall be consistent with, or an enhancement of, the original PUD approval. b. No substantially adverse impact. The proposed amendment shall not have a substantially adverse effect on the neighborhood surrounding L] the land where the amendment is proposed, or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. c. Not change character. The proposed amendment shall not change the basic character of the PUD or surrounding areas. d. Comply with other applicable standards. The proposed amendment shall comply with the other applicable standards of this Division 3, Planned Unit Development, including but not limited tD Section 16A-5-300(c), General Restrictions, and Section 16A-5-310, Review Standards. [Please refer to Section 1 of the application notebook that outlines these General Restrictions and Review Standards.]; AND 2) by first reading of the enclosed ordinance as may be amended at the meeting, approve, approve with conditions or deny the application; OR 3) table first reading of the ordinance until the August 20 Town Council meeting. 2. BACKGROUND: Condition No. 7 of Ordinance No. 21, Series of 2004 ("Condition 7) concerned the Base Village Hotel as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. It should be noted that the Base Village Hotel is contained within Phase 2A of the Base Village project. 2] You will recall that the Applicant previously submitted a Minor PUD Amendment application dated May 16, 2007, to modify certain provisions of Condition 7. The request principally involved a conditional waiver of the requirements of subparagraph (a) of the condition specifying that the Applicant enter into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or Hilton) and to conditionally allow the Base Village: Hotel to be operated by Kor Hotel Group as a Viceroy Hotel brand. That application was presented to the Town Council on June 18, 2007. Ordinance No. 9, Series of 2007, being the ordinance considered for first reading approval of the application, was denied at that meeting. The discussion during the June 18 Town Council meeting focused primarily upon whether: 1) the Kor Group and Viceroy Hotels brand qualified as a nationally- recognized hotel chain as the term was intended to be interpreted within Condition 7; 2) permitting the Kor Group to operate the Baso Village Hotel will prove to be comparable with or even more beneficial for the community than a Westin, Hyatt or Hilton type franchise operation; and 3) they will achieve the underlying goals intended by Condition 7 and the Base Village PUD as adopted in 2004. The majority of the council members felt that it was the intent of Condition 7 to require that the Base Village Hotel be operated as a "conference hotel' but that the approved design of the buildings may not have been ideally suited for larger conference business use. The Applicant discussed the possibility of providing a conference hotel' within the Snowmass Center development or West Village area in order to better achieve the underlying goal of Condition 7. It was suggested that the Applicant consider providing a development: agreement to define how this would be achieved. The development agreement proposed with this application involves Brush Creek Capital Holdings, LLC ("BCCH"), being the owner of the Snowmass Center property, and Related WestPac. The agreement specifically identifies the Snowmass Center property as being the primary location for a new conference hotel facility. The design standards for the hotel are generally described in Lines 45-51 and the definition of "Hotel' in Exhibit A of the: agreement (see Attachment 2 of this report). BCCH and Related WestPac agree to "cooperate and work in good faith to agree on standards for the development of a new Hotel within the Town.,.". Should the parties be unable to reach an agreement regarding the appropriate design standards or if a "Final Decision" (as defined within Lines 84-106 of the agreement) is reached to not permit a Conference Hotel within the Snowmass Center project, then BCCH is released from its obligations and Related WestPac agrees to process in good faith a land use application to incorporate a Conference Hotel within their proposal to redevelop land under their control within West Village see Lines 113-122 of the agreement). The design standards for the hotel in that area are not defined. 3. PLANNING COMMISSION RECOMMENDATION: Please refer to Resolution No. 13, Series of 2007, included as Attachment 1 of this packet. 3] 4. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS: Consistent with original PUD. The Applicant proposes that the Kor Group be permitted to operate the Base Village Hotel as a AAA four diamond hotel under their Viceroy Hotels brand and has provided a development agreement committing to the development of a new hotel within either the Snowmass Center or West Village areas that will: (a) provide conference facilities comparable to the Snowmass Conference Center facilities; b) include a sufficient number of rooms to function as a successful Hotel for attracting and hosting conferences; and (c) be operated under the name of a conference Hotel brand that is nationally-recognized within the conference booking and sales industry. Staff Comments: Staff believes sufficient information has been provided for the Town Council to determine whether to permit the Kor Group to operate the Base Village Hotel under the Viceroy brand. The most significant issue to resolve is whether the proposed development agreement will provide an alternative location for a true "conference hotel' within the community that will be comparable with or even more beneficial than what could have been achieved at the Base Village Hotel site. The Town Council must find that the proposed development agreement will satisfy the purpose and underlying goal intended by Condition 7 and the Base Village PUD as adopted in 2004. Staff Recommendation and Rational: The term `Hotel' is defined within Exhibit A (Definitions) of the agreement. It should be noted that it specifies that some or all of the rooms may be condominium units rather than being within a traditional hotel ownership structure where one entity owns the entire hotel building including every hotel room/unit as well as the use rights for every unit. Rob Hunden with Hunden Strategic Partners has recommended that an appropriate conference hotel within the West Village should contain a minimum of 250 keyed hotel rooms/units under a traditional hotE:l ownership structure. The agreement only specifies that the hotel would include "a sufficient number of rooms to function as a successful Hotel for attracting and hosting conferences...". Staff recommends that it would be beneficial to gain some understanding of what the Applicant presently believes could be provided within the Snowmass Center project. Buildings 13A&B are currently designed to provided 225 units containing 319 bedrooms including 31 Iockoffs. Since any amendment needs to be found to be consistent with or an enhancement of the original PUD, it would be appropriate to expect that the conference hotel will, at a minimum, meet or exceed the number of units, bedrooms, amount of meeting space and amenities found within the Base Village Hotel. 4] Snowmass Center 4`h Amendment. The Applicant is currently working to prepare a substantive amendment to the Snowmass Center Preliminary PUD. Staff does not have sufficient knowledge of what the amended proposal will involve and therefore cannot comment as to whether a true conference hotel can be successfully incorporated within the project. Staff Comments: The development agreement calls for the Town, BCCH and Related WestPac to "cooperate and work in good faith to agree on standards for the development of a new Hotel within the Town...". The necessary design and physical standards required to achieve the Town's cloal of creating a high- occupancy, high turn-over conference hotel may not be achievable within the Snowmass Center redevelopment. Staff Recommendation and Rational: Following the Applicant's presentation, the Town Council should consider: 1) whether the proposed development agreement satisfactorily establishes a process that will achieve the Town's goal; 2) whether the development agreement should be amended to incorporate more specific standards regarding the number and type of units, bedrooms, amount/type of meeting space desired and amenities to be provided; and 3) whether the Snowmass Center site is the appropriate primary location for the conference hotel. Base Village Hotel Governance Structure. Exhibit "E" of the enclosed ordinance provides a general overview of the operation and management governance structure intended to establish a condominium regime for the Base Village Hotel that provides the operator with the necessary control of hotel operations and the maintenance of the property to ensure consistency, quality and provide an adequate number of rentable rooms for a viable AAA Four Diamond hotel operation. Staff Comments: Staff had recommended during consideration of the previous Minor PUD Amendment proposal to waive Condition 7 that the Applicant provide an Executive Summary of how the condominium regime would be structured so as to not undermine the ability to achieve the desired outcome of creating a successful condominium hotel operation capable of inducing a large number of condominium unit owners to enter the rental pool thereby producing a high- occupancy, high turn-over operation. Staff Recommendation and Rational: Staff has included a condition within the enclosed ordinance (Condition 4) specifying that the final condominium documents for the Master Association and condominium unit association for the Base Village Hotel be reviewed and approved by the Town prior to recording the condominium 5] map to ensure the operational model outlined within the governance structure described in Exhibit "E" will be implemented. Base Village Hotel Development. The Town Council may wish to consider authorizing the Applicant to proceed further with at-risk excavation at the Base Village Hotel site should this item be tabled until the August 20 or September 4 Town Council meetings. Staff would work with the Applicant to develop a proposal for discussion on August 20. Attachments:l) Planning Commission Resolution No. 13, Series of 2007 2) "Development Agreement Concerning Conference Hotel' containing line numbers for reference 3) Ordinance No. 15, Series of 2007 Handouts: Related WestPac Application Notebook 6] ATTACHMENT TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION RESOLUTION NO. 13 SERIES OF 2007 A RESOLUTION PROVIDING THE PLANNING COMMISSION RECOMMENDATIONS REGARDING A SECOND PROPOSED MINOR PUD AMENDMENT OF CONDITION NO. 7 OF ORDINANCE NO. 21, SERIES OF 2004 (BASE VILLAGE FINAL PUD). WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and WHEREAS, Condition No. 7 ("Condition 7") of the Ordinance, attached as Exhibit "A" of said ordinance, concerned Buildings 13A and 13B ('Base Village Hotel") within the BV PUD and set forth certain requirements that needed to be satisfied prior to the issuance of a building permit for said buildings, Phase 2A or any subsequent phase of the BV PUD; and WHEREAS, Related WestPac, LLC on behalf of Base Village Owner, LLC Applicant') submitted a Minor PUD Amendment application dated May 16, 2007, to modify certain provisions of Condition 7, as described in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, the request principally involved a conditional waiver of the requirements of subparagraph (a) of said condition specifying that the Applicant enter into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or Hilton); and WHEREAS, this waiver request was to conditionally allow the Base Village Hotel to be operated by Kor Hotel Group as a Viceroy Hotel brand; and WHEREAS, a meeting was held before the Planning Commission on June 6, 2007; and WHEREAS, said request was considered by the Planning Commission on said date and their recommendations were set forth in Resolution No. 12, Series of 2007; and WHEREAS, the Applicant submitted an addendum to their application dated June 11, 2007 and the application, as amended, was presented to the Town Council during their June 18, 2007 meeting; and WHEREAS, Town Council Ordinance No. 9, Series of 2007, being an ordinance considering granting first reading approval of the subject application, was denied on said date; and PC Reso. 07-13 Page 2 WHEREAS, a new application was submitted on July 6, 2007 requesting an amendment of Ordinance 21 to delete Condition 7 and, in lieu of this condition, require the Owner to enter into a Development Agreement, attached hereto as Exhibit "D", that will secure a location for a conference hotel, subject to the review and standards of the Town; and WHEREAS, the amendment to remove Condition 7 would be subject to the conditions specified in Exhibit "C" attached hereto; and WHEREAS, the Planning Commission has reviewed the application and heard the recommendations of the Town Staff; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the Town of Snowmass Village, Colorado: Section One: General Findings. Subject to the provisions of Section Four of this Resolution, the Planning Commission generally finds: 1. The Applicant has submitted sufficient information pursuant to Section 16A-5-390 of the Municipal Code to permit the Town Staff and the Planning Commission an adequate review of the proposed Minor PUD Amendment. 2.To the extent of the review conducted to date, the application is consistent with the applicable review standards specified within Section 16A-5-390(3) of the Municipal Code. Section Two: Specific Findings. The Planning Commission specifically finds: A.• Consistent with original PUD. The amendment is consistent with, or an enhancement of, the original PUD approval. The report submitted to the Town of Snowmass Village by Hunden Strategic Partners concludes that a Viceroy hotel could achieve the underlying goals of the Base Village P.U.D. approval regarding High Occupancy Turnover ("H.O.T.") beds and occupancy; however, it indicates that the approved design of the buildings may not be ideally suited for larger conference business use. The proposed development agreement proposes the development of a new hotel within either the Snowmass Center or West Village area that will: (a) provide conference facilities comparable to the Snowmass Conference Center facilities; b) include a sufficient number of rooms to function as a successful Hotel for attracting and hosting conferences; and (c) be operated under the name of a conference Hotel brand that is nationally-recognized within the conference booking and sales industry. The Planning Commission finds that this proposal, if P1Planning Commission\Resolution.pc\2007\PC Reso 07-13-BV Minor PUD 2nd Amend Condition No 7 Dev Agrmt.doc PC Reso.07-13 Page 3 successfully implemented, represents an enhancement of the purpose and intent of Condition 7 as originally approved. A. No substantially adverse impact. The proposed amendment will not have a substantially adverse effect on the neighborhood surrounding the land or have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the subject property. B. Not change character. The proposed amendment will not change the basic character of the PUD or surrounding areas. C. Comply with other applicable standards. The proposed amendment has been found to comply with the other applicable standards of this Division 3, Planned Unit Development Section Three: Action. The Planning Commission hereby recommends that Town Council approve the Minor PUD Amendment of Ordinance 21 to delete Condition 7 and require a Development Agreement, attached hereto as Exhibit "D", that will secure a location for a conference hotel. Said recommendation shall be subject to the comments, concerns and recommendations contained within Section Four below. Section Four: Comments, Concerns and Recommendations. The Planning Commission recommends that the Town Council consider the following: 1. The proposed amendment should be subject to the conditions stated within Exhibit "C' of this resolution. 2. The Applicant shall be required to ensure that the Base Village Hotel will meet the standards of a "four diamond" hotel, as such standards are determined by the American Automobile Association. 3. The Applicant needs to demonstrate that the intended operator management plan satisfactorily encourages rental of the units consistent with H.O.T. use of the units. 4. The Planning Commission understands that the location of the conference hotel will be the subject of discussions between the Town and the Applicant; however, at this time the Planning Commission recommends that the future location should be within West Village as the vision for the Snowmass Center property is for community serving commercial. 5. It is essential that the operation and management governance framework described within the application and attached as Exhibit "E" will be reflected within the final condominium documents for the Master Association, condominium unit association and management agreement. The final PAPlanning Commission\Reso1utlon.pc120071PC Reso 07-13-BV Minor PUD 2nd Amend Condition No 7 Dev Agrmt.doc PC Reso. 07-13 Page 4 condominium documents shall be reviewed and approved by the Town prior to recording the condominium map to ensure the operational model outlined within the governance structure described will be implemented. INTRODUCED, READ, AND ADOPTED on the motion of Planning Commission member Butler and the second of Planning Commission member Crouch by a vote of 4 in favor and 2 against, on this 18th day of July, 2007. Planning Commission members Crouch and Boineau were opposed as they believe an overview of Applicant's broader plan for modifying the original PUD should be provided to better understand whether this application is appropriate. Planning Commission member Ledingham recused himself. TOWN OF SNOWMASS VILLAGE PLANNING COMMISSION Douglas F urer, hairman ATTEST: Cindy Ford, Planning Commission Secretary PRIanning Commission\Resolution.peT007\PC Reso 07-13-BV Minor PUD 2nd Amend Condition No 7 Dev Agrmt.doc Exhibit "A" Planning Commission Resolution No.13, Series of 2007 Page 1 of 1) Condition No. 7 (the "Condition") of Ordinance No. 21, Series of 2004 concerned Buildings 13A and 13B, Base Village PUD as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally- recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. Exhibit "B" Planning Commission Resolution No.13, Series of 2007 Page 1 of 1) Proposed Condition 7 Amendment being the subject of Planning Commission Resolution No. 12, Series of 2007 The requirements of subparagraph (a) of Condition 7 of Ordinance 21, Series of 2004, are hereby waived to permit Buildings 13A and 13B to be operated by Kor Hotel Group as a Viceroy brand hotel. The foregoing waiver is limited by and subject to the following conditions: 1) Prior to issuance of a building permit for excavation purposes, the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2) If Kor Hotel Group (or any successor to it by merger or acquisition) ceases to operate Buildings 1 3A and 13B as a hotel under its Viceroy brand, then at the Town Council's request, the owner shall be required to either a) enter into a new operating agreement to operate Buildings 1 3A and 13B under a nationally-recognized hotel chain with a level of recognition comparable to Westin, Hyatt or Hilton pursuant to the American Automobile Association's "Four Diamond" standards; or b) obtain approval of a waiver or modification of this requirement for another specified operator by a three-fourths (3/4) majority of the present and voting members of the Town Council pursuant to the procedures for a PUD amendment in Section 16A-5-390 of the Snowmass Village Municipal Code. Exhibit "C" Planning Commission Resolution No. 13, Series of 2007 Page 1 of 1) The amendment to delete Condition 7 of Ordinance 21, Series of 2004, in its entirety is subject to the following conditions: 1) Prior to issuance of building permit for foundation construction purposes, the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2) The effectiveness of the foregoing amendment is conditioned on the Applicant causing Brush Creek Capital Holdings, LLC to enter into with the Town a "Development Agreement Concerning Center Conference Hotel" in the form attached." Exhibit "D" Planning Commission Resolution No. 13, Series of 2007 13 Pages) Proposed Development Agreement Not Included In Town Council Packet - See Tab 3 of Application Notebook) Exhibit "E" Planning Commission Resolution No. 13, Series of 2007 5 Pages) Summary of Governance Structure Not Included In Town Council Packet - See Section 5 in Appendix G of Application Notebook) ATTACHMENT 2 1 DEVELOPMENT AGREEMENT CONCERNING 2 CONFERENCE HOTEL 3 THIS DEVELOPMENT AGREEMENT CONCERNING CONFERENCE HOTEL (as 4 defined in Exhibit A, this "Agreement") is made and entered into as of this day of 5 2007 (as defined in Exhibit A, "Effective Date"), by and between the TOWN 6 OF SNOWMASS VILLAGE, a home rule municipal corporation and political subdivision of the 7 State of Colorado ("Town"), BRUSH CREEK CAPITAL HOLDINGS, LLC, a Colorado limited 8 liability company (together with its successors and assigns, "Owner"), and RELATED 9 WESTPAC LLC, a Delaware limited liability company ("Related WestPac"). 10 Recitals 11 This Agreement is made with reference to the following facts: 12 A. Capitalized terms in this Agreement have the meanings set forth in Exhibit A. 13 B. Owner is the owner in fee simple of the Property. 14 C. Owner is an affiliate of BVO and desires to enter into this Agreement with the 15 Town to satisfy the requirements imposed by the Town on BVO pursuant to the Base Village 16 Ordinance. 17 D. Related WestPac is an affiliate of BVO and Owner. Related WestPac controls or 18 has the ability to direct the affairs of.other affiliates of BVO and Owner (the "West Village 19 Affiliates") that own certain properties in the area of the Town known as the "West Village" and 20 intend to acquire additional properties in the West Village, all for the purposes of redevelopment 21 of such properties. Related WestPac desires to join in this Agreement for the purpose of making 22 certain commitments to the Town. 23 NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in 24 this Agreement, and other good and valuable consideration, the receipt and sufficiency of which 25 are hereby acknowledged, the Parties agree as follows: 26 Agreement 27 1. EXISTING CONDITIONS. The Property is an approximate 32.73-acre parcel 28 of Property located within the municipal boundaries of the Town. As of the Effective Date, the 29 Property is currently zoned SPA-1 pursuant to the applicable provisions of the Code and the 30 Faraway Ranch S.P.A. Final Land Use Plan recorded on March 18, 1985 in Plat Book 17 at 31 Page 4 in the County's real estate records (the "Faraway Ranch Plan"). A portion of the 32 Property is currently developed with a mixed-use structure known as the "Snowmass Center." In 33 June 2002 the Town Council approved a PUD sketch plan for a proposed redevelopment of the 34 Property pursuant to the applicable provisions of the Code. Following the approval of such PUD 35 sketch plan, a PUD preliminary plan application was initially submitted to the Town in late 2002 36 and since that time such application has been amended several times and is still pending (the 37 "Pending Preliminary Plan Application"). The Town Council has not taken final action on the 7z 514.3 38 Pending Preliminary Plan Application. Since the approval of the Faraway Ranch Plan, no PUD 39 final plan for the Property has been approved, and, accordingly, the SPA-1 zoning for the 40 Property remains in effect pursuant to the terms of the Code and the Faraway Ranch Plan. 41 2. AGREEMENT ON STANDARDS. The Parties acknowledge that the Town is 42 in the process of evaluating its needs for new conference hotel facilities within the Town. Such 43 evaluation is occurring, in part, in anticipation of the redevelopment of the site on which the 44 existing Snowmass Conference Center is located and the resulting loss of such conference 45 facilities (the "Existing Conference Facilities"). Owner, Related WestPac and the Town agree 46 that they will cooperate and work in good faith to agree on standards for the development of a 47 new Hotel within the Town that, when built, will: (a) provide conference facilities comparable to 48 the Existing Conference Facilities; (b) include a sufficient number of rooms to function as a 49 successful Hotel for attracting and hosting conferences; and (c) be operated under the name of a 50 conference Hotel brand that is nationally-recognized within the conference booking and sales 51 industry (the "Conference Hotel Standards"). If during the process of developing the 52 Conference Hotel Standards, the Town decides that conference facilities as large as the Existing 53 Conference Facilities are not necessary or desirable for a successful Hotel as described above, 54 then the Conference Hotel Standards will include a description of the conference facilities that 55 the Town does believe are needed to satisfy its goals. 56 3. OWNER'S OBLIGATIONS. 57 A. PUD Application Amendment and Processing. Owner has been working 58 on amendments to the Pending Preliminary Plan Application to modify the proposed 59 redevelopment of the Property in certain respects. At such time as the Parties have 60 agreed upon the Conference Hotel Standards as described in Section 2 above, Owner 61 agrees that it shall: (i) prepare an amendment to the Pending Preliminary Plan 62 Application as it may have already been amended by Owner (the "Amended 63 Preliminary Plan Application") to incorporate into the proposed redevelopment of the 64 Property a Hotel that satisfies the Conference Hotel Standards (a "Conference Hotel"); 65 and (ii) act in good faith to process the Amended Preliminary Plan Application to a Final 66 Decision (as defined below) pursuant to the requirements of the Code and use reasonable 67 and good faith efforts to obtain approval of the Amended Preliminary Plan Application; 68 and (iii) if the Amended Preliminary Plan Application is approved by a final, non- 69 appealable decision of the Town Council, apply for and process in good faith pursuant to 70 the requirements of the Code a PUD final plan application for the Property that satisfies 71 the conditions and requirements of the approved Amended Preliminary Plan Application, 72 including the incorporation of a proposed Conference Hotel (the "Final Plan 73 Application"). It is acknowledged and agreed that the Property is a complex site that is 74 intended to be developed with other uses and structures in addition to a Conference 75 Hotel. Incorporation of a Conference Hotel into the development plan for the Property 76 and preparing the Amended Preliminary Plan Application may require significant 77 additional design and engineering work on the part of Owner. Accordingly, there shall 78 not be a fixed deadline for Owner's submission of the Amended Preliminary Plan 79 Application to the Town following the Parties' agreement on the Conference Hotel 80 Standards. In addition, due to the complexity of the site and proposed redevelopment of 81 the Property, it is acknowledged that the Amended Preliminary Plan Application initially 7s5' 3 2 82 submitted by Owner is likely to undergo further revisions, modifications and refinements 83 during the review and approval process. 84 B. Definition of Final Decision. The term "Final Decision" means that 85 either: 86 i.The Town Council has made a final decision approving the Final Plan 87 Application, including approval of a Conference Hotel, and all applicable 88 appeal periods, statutes of limitation and referendum/initiative periods 89 under applicable law for making a Legal Challenge to such approval have 90 passed without the initiation of any Legal Challenge; or 91 ii. If a Legal Challenge is made to a final decision by the Town Council 92 approving the Final Plan Application, such Legal Challenge has been 93 finally resolved or determined beyond any applicable appeals period in a 94 manner that upholds the validity of the Town Council's approval of the 95 Final Plan Application, including the approval of a Conference Hotel; or 96 iii. If a Legal Challenge is made to a final decision by the Town Council 97 approving the Final Plan Application, such Legal Challenge has been 98 finally resolved or determined beyond any applicable appeals period in a 99 manner that nullifies the Town Council's approval of the Final Plan 100 Application; or 101 iv. The Town Council makes a final decision denying the Amended 102 Preliminary Plan Application or the Final Plan Application; or 103 V. The Town Council makes a final decision approving the Amended 104 Preliminary Plan Application or the Final Plan Application, but such 105 approval does not include the right of Owner to construct on the Property 106 a Conference Hotel. 107 C. Owner's Hotel Development Obligations. If the Town Council makes a 108 Final Decision approving the Final Plan Application as more fully described in 109 Section 3.B.i or 3.B.ii above, then Owner shall not be entitled to receive a certificate of 110 occupancy for any new structure constructed in redevelopment of the Property unless 111 Owner has obtained a building permit for, commenced construction of, and is proceeding 112 in good faith toward completion of a Conference Hotel on the Property. 113 4. RELATED WESTPAC'S OBLIGATIONS. If a Final Decision is reached to 114 not permit a Conference Hotel to be constructed on the Property as more fully described in 115 Section 3.B.iii, 3.B.iv or 3.B.v above, then Related WestPac agrees that it shall cause the West 116 Village Affiliates to: (a) incorporate a Conference Hotel into their redevelopment plans for the 117 properties they own or control in the West Village; (b) in connection with seeking the necessary 118 approvals for redevelopment of the West Village properties they own or control, submit to the 119 Town and process in good faith a land use application seeking approval for the construction of a 120 Conference Hotel; and (c) if a Conference Hotel is approved for the properties they own or 71_5524.3 3 121 control in the West Village by a final non-appealable action of the Town Council, construct such 122 Hotel in connection with and as part of the overall redevelopment of such properties. 123 5. TERM OF OWNER'S OBLIGATIONS. Owner's obligations under this 124 Agreement will continue through and including the earlier of: (i) the day on which Owner 125 receives a certificate of occupancy for a Conference Hotel constructed on the Property; (ii) the 126 day on which a Final Decision is reached not permitting a Conference Hotel as more fully 127 described in Section 3.B.iii, 3.13.iv or 3.B.v above; or (iii) the [ h) anniversary of 128 the Effective Date [NEED TO DISCUSS OUTSIDE TERMINATE DATE]. After expiration 129 of Owner's obligations under this Agreement as described in the preceding sentence, this 130 Agreement will be deemed terminated and of no further force and effect with respect to the 131 Property. 132 6. NO TOWN ZONING OBLIGATIONS. Nothing in this Agreement, including 133 the preceding provisions of Section 3, are intended to or shall be construed as imposing any 134 obligation on the Town Council to approve the Pending Preliminary Plan Application, the 135 Amended Preliminary Plan Application, the Final Plan Application or any other application 136 submitted by the Owner for the Property or any application submitted by Related WestPac or any 137 of its affiliates. The Town Council shall retain discretion to deny any such application to the 138 fullest extent permitted by applicable law, including, without limitation, the Code. 139 7. TOWN REMEDIES. If any default by Owner or Related WestPac occurs under 140 this Agreement, the Town will have the right to enforce the Owner's or Related WestPac's (as 141 applicable) obligations hereunder by an action for injunction or specific performance, in addition 142 to any other remedies that may be available under the Code or at law or in equity. Venue for any 143 action to enforce or interpret the terms of this Agreement will be in the District Court of Pitkin 144 County, Colorado. 145 8. OBLIGATIONS RUN WITH THE PROPERTY. This Agreement will extend 146 to and be binding upon Owner and its successors in title to the Property, legal representatives and 147 assigns. Subsequent owners of the Property will be bound by this Agreement. This Agreement 148 will constitute an agreement running with the Property until: (a) modification or release by 149 mutual agreement of the Town and Owner; or (b) expiration of the term of Owner's obligations 150 under this Agreement pursuant to Section 5 above. Upon the conveyance of the Property by 151 Owner to a different entity or person, and provided that Owner is not in default hereunder at the 152 time of conveyance, Owner will have no liability under this Agreement for any act or omission 153 occurring after the date of such conveyance, and the transferee will be deemed to have assumed 154 all liability for any act or omission arising under this Agreement from and after the date of such 155 transfer. 156 9. RECORDING OF AGREEMENT. Following mutual execution of this 157 Agreement, this Agreement will be recorded by the Town Clerk in the office of the County clerk 158 and recorder. Upon recordation, this Agreement will run with title to the Property and the 159 provisions hereof will be binding upon and will inure to the benefit of the beneficiaries, 160 successors and assigns of the Parties hereto as provided herein. 161 10. MISCELLANEOUS PROVISIONS. 72551_4.3 4 162 A. Amendment of this Agreement. 163 i.Written Amendment Required. This Agreement may be amended, 164 terminated or superceded only by mutual consent in writing of the Parties, 165 following the Town's public notice and public hearing procedures 166 required for approval of this Agreement. No consent of any third party 167 will be required for the negotiation and execution of any such amendment. 168 ii. Effectiveness and Recordation. Any such written amendment will be 169 effective upon the later to occur of (a) execution by the Parties or (b) the 170 effective date of the ordinance or resolution approving such amendment. 171 Promptly after any amendment to this Agreement becomes effective, the 172 Town will cause it to be recorded in the real property records of the 173 County clerk and recorder. As between the Parties, the validity or 174 enforceability of such an amendment will not be affected by any delay in 175 or failure to record the amendment as provided herein. 176 B. Relationship of Parties. This Agreement does not and will not be 177 construed as creating a relationship of joint venturers, partners, or employer-employee 178 between the Parties. No Party will, with respect to an activity, be considered as agent or 179 employee of any other Party. 180 C. Entire Agreement. This Agreement contains the entire agreement between 181 the Parties and no statement, promise or inducement made by either Party or the agent of 182 either Party that is not contained in this Agreement will be valid or binding. 183 D. Third Party Challenges. In the event of any Legal Challenge by a third 184 party to the validity or enforceability of any provision of this Agreement, the Parties will 185 cooperate in the defense of such challenge and to bear their own costs and attorneys' fees. 186 Unless otherwise provided herein, during the pendency of any such Legal Challenge, the 187 Parties will abide by and carry out all of the terms of this Agreement, unless otherwise 188 ordered by a court of competent jurisdiction. 189 E. Severability of Provisions. If any term, provision, covenant or condition 190 of this Agreement is held by a court of competent jurisdiction to be invalid, void or 191 unenforceable, the remaining provisions of this Agreement will continue in full force and 192 effect so long as enforcement of the remaining provisions would not be inequitable to the 193 Party against whom they are being enforced under the facts and circumstances then 194 pertaining, or substantially deprive such Party of the benefit of its bargain. 195 F. Applicable Law. This Agreement will be enforceable according to the 196 laws of the State of Colorado. 197 G. Reasonable Efforts. Each Party will use its reasonable efforts and will 198 cooperate, where prudent, with regard to any other action as may be reasonably required 199 to effectuate the intention of this Agreement. 73524.3 5 200 H. Notices. Any notice or communication required or permitted under this 201 Agreement must be in writing, and may be given either personally, by Federal Express or 202 similar next-day delivery service, or by registered or certified mail, return receipt 203 requested. If given by registered or certified mail, the same will be deemed to have been 204 given and received on the first to occur of (i) actual receipt by any of the addressees 205 designated below as the Party to whom notices are to be sent, or (ii) five days after a 206 registered or certified letter containing such notice, properly addressed, with postage 207 prepaid, is deposited in the United States mail. If given by Federal Express or similar 208 next-day delivery service, a notice will be deemed to have been given and received on the 209 immediately following business day. If personally delivered, a notice will be deemed to 210 have been given and received when delivered to the Party to whom it is addressed. Any 211 Party hereto may at any time, by giving written notice to the other Party hereto as 212 provided in this Section H, designate additional persons to whom notices or 213 communications will be given, and designate any other address in substitution of the 214 address to which such notice or communication will be given. Such notices or 215 communications will be given to the Parties at their addresses set forth below: 216 If to Town: 217 Town of Snowmass Village 218 Attn: Town Manager 219 P.O. Box 5010 220 16 Kearns Road 221 Snowmass Village, CO 81615 222 With a required copy to: 223 Town of Snowmass Village 224 Attn: Town Attorney 225 P.O. Box 5010 226 16 Kearns Road 227 Snowmass Village, CO 81615 228 If to Owner: 229 Brush Creek Capital Holdings, LLC 230 c/o Related WestPac 231 Attn: Patrick Smith 232 132 West Main, Suite A 233 Aspen, CO 81611 234 With required copies to: 235 Otten, Johnson, Robinson, Neff& Ragonetti, P.C. 236 Attn: Bart Johnson 237 420 E. Main Street, Suite 210 238 Aspen, Colorado 81611 553 6 239 I.No Third Party Beneficiaries/Third Party Agreements. Nothing expressed 240 or implied in this Agreement is intended or will be construed to confer upon, or to give 241 to, any legal person other than the Parties, any right, remedy, or claim under or by reason 242 of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of 243 the covenants, terms, conditions, and provisions in this Agreement by and on behalf of 244 the Parties will be for the sole and exclusive benefit of the Parties. Nothing in this 245 Agreement is intended to interfere with the agreements of the Parties with third parties. 246 J.Good Faith of Parties. In any situation under this Agreement where 247 consent of one of the Parties is required, or where one of the Parties requests an extension 248 of time, the Parties will act in good faith and will not unreasonably withhold, delay, deny, 249 or condition any approval or consent required or contemplated by this Agreement. 250 K. Further Assurances. Each Party will execute and deliver such documents 251 or instruments and take such action as may be reasonably requested by the other Party to 252 confirm or clarify the intent of the provision hereof and to effectuate the agreements 253 herein contained and the intent hereof. 254 L. Rights of Lenders and Interested Parties. The Town is aware that 255 financing for acquisition, development and/or construction of the Property may be 256 provided in whole or in part, from time to time, by one or more third parties, including, 257 without limitation, lenders, major tenants, and purchasers or developers of portions of the 258 Property. In the event of any asserted default by Owner, the Town will provide notice of 259 such asserted default, at the same time notice is provided to Owner, to any such interested 260 party previously identified in writing to the Town by Owner. If such interested parties 261 are permitted, under the terms of its agreement with Owner to cure the default and/or to 262 assume Owner' position with respect to this Agreement, the Town will recognize such 263 rights of interested parties and to otherwise permit such interested parties to assume all of 264 the rights and obligations of Owner under this Agreement. 265 M. Waiver. No waiver of one or more of the terms of the Agreement will 266 constitute a waiver of other terms. No waiver of any provision of this Agreement in any 267 instance will constitute a waiver of such provision in other instances. 268 N. Titles of Sections and Articles. Any titles of the several parts, articles and 269 sections of this Agreement are inserted for convenience or reference only and will be 270 disregarded in construing or interpreting any of its provisions. 271 O. Exhibits and Attachments. All exhibits and attachments to this Agreement 272 will be incorporated herein and deemed a part of this Agreement. 273 remainder of page intentionally blank] 274 7]55_1.3 7 274 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized 275 representatives to executed this Agreement as of the day and year first above written. 276 TOWN: 277 TOWN OF SNOWMASS VILLAGE, 278 COLORADO 279 280 Mayor 281 ATTEST: 282 283 Town Clerk 284 STATE OF COLORADO 285 ss: 286 COUNTY OF PITKIN 287 The foregoing instrument was subscribed and sworn to me by as Mayor, 288 and as Town Clerk, of the Town of Snowmass Village, Colorado, on this 289 day of 2007. 290 WITNESS my hand and official seal. 291 My commission expires: 292 293 Notary Public 294 7,5524.3 8 294 OWNER: 295 BRUSH CREEK CAPITAL HOLDINGS, LLC, 296 a Colorado limited liability company 297 By: Snowmass Center Mezzanine LLC, a 298 Delaware limited liability company, its 299 Manager 300 By: 301 Name: Patrick N. Smith 302 Title:President 303 RELATED WESTPAC: 304 RELATED WESTPAC LLC, a Delaware 305 limited liability company, 306 By: 307 Name: 308 Title: 309 STATE OF COLORADO 310 ss: 311 COUNTY OF PITKIN 312 The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as 313 President of Snowmass Center Mezzanine LLC, a Delaware limited liability company, Manager 314 of BRUSH CREEK CAPITAL HOLDINGS, LLC, a Colorado limited liability company, this 315 day of 2007. 316 WITNESS my hand and official seal. 317 My commission expires: 318 319 Notary Public 71551_4.3 9 320 STATE OF COLORADO 321 ss: 322 COUNTY OF PITKIN 323 The foregoing instrument was subscribed and sworn to me by 324 as of Related WestPac LLC, a Delaware limited liability company. 325 WITNESS my hand and official seal. 326 My commission expires: 327 328 Notary Public 329 721514.7 10 EXHIBIT A Definitions For purposes of this Agreement, the following terms and references have the following meanings: 1.Agreement' means this Development Agreement Concerning Conference Hotel and any Exhibits attached hereto, all of which are incorporated herein by this reference, as amended in accordance with its terms. 2.Amended Preliminary Plan Application" is defined in Section 3.A. 3.BVO" means Base Village Owner LLC, a Delaware limited liability company. 4.Base Village Ordinance" means Town Ordinance No. _, Series of 2007, approving this Agreement and amending Town Ordinance No. 21, Series of 2004. 5.Code" means the Snowmass Village Land Use and Development Code, codified as Chapter 16A of the Snowmass Village Municipal Code, as amended from time to time. 6.Conference Hotel" is defined in Section 3.A. 7.Conference Hotel Standards" is defined in Section 2. 8.County" means Pitkin County, Colorado. 9.Effective Date" means the date set forth in the initial paragraph of this Agreement, which is the effective date of the ordinance adopted by Town Council to approve this Agreement. 10. "Exhibits" means the following Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A—Definitions Exhibit B —Legal Description of the Property 11. "Existing Conference Facilities" is defined in Section 2. 12. "Faraway Ranch Plan" is defined in Section 1. 13. "Final Decision" is defined in Section 3.B. 14. "Hotel' means a building or group of buildings or portion thereof that (A) contains rooms, areas or separate spaces (some or all of which may be condominium units) intended for temporary occupancy by guests typically by the day or week (though it may be for longer periods), each of which contains 7s5 3 A-1 sanitation facilities and may contain a small kitchen area, and (B) generally offers one or more enhanced levels of service, such as: (i) a level of staffing, amenities, service or facilities above that customarily found in multi-family dwellings; (ii) twenty-four-hour front lobby check-in with in-house maid, concierge, room and maintenance services; or (iii) standardized fixtures and furnishings with central phone, cable, heating, air conditioning and hot water systems for all units. 15. "Legal Challenge" means any of the following: (1) any third party commences any legal proceeding or other action that directly or indirectly challenges any action of approval by the Town Council, whether by resolution or ordinance; or 2) any person submits a petition for a referendum seeking to reverse or nullify any such approval by the Town Council; or (3) any person submits a petition for an initiated measure that would have the effect of directly or indirectly invalidating any such approval by the Town Council. 16. "Owner" is defined in the initial paragraph of this Agreement. 17. "Party(ies)" means, individually or collectively as applicable, the original signatory parties to this Agreement and their respective successors or assigns. 18. "Pending Preliminary Plan Application' is defined in Section 1. 19. "Property" means the real property that is legally described in Exhibit B. 20. "Term" is defined in Section 5. 21. "Town' has the meaning set forth in the initial paragraph of this Agreement. 22. "Town Council' means the town council of the Town. 23. "West Village" is defined in Recital D of this Agreement. 24. "West Village Affiliates" is defined in Recital D of this Agreement. 725524.3 A-2 EXHIBIT B Legal Description of the Property Parcels A, B, F, G and I, Faraway Ranch Subdivision, as shown on the Gross Parcel Plat of . Faraway Ranch Subdivision recorded on March 18, 1985 in Plat Book 17 at Page 5, County of Pitkin, State of Colorado; Together with, Existing Snowmass Center Parcel, a replat, as shown on the Faraway Ranch Subdivision, Snowmass Village, Colorado, Gross Parcel Plat, recorded on March 18, 1985 in Plat Book 17 at Pages 5-6, County of Pitkin, State of Colorado. 243 B-1 1 ATTACHMENT 3 2 3 TOWN OF SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 ORDINANCE NO. 15 7 SERIES OF 2007 8 9 AN ORDINANCE CONSIDERING A MINOR PUD AMENDMENT TO CONDITIONALLY to DELETE CONDITION NO. 07 OF ORDINANCE NO. 21, SERIES OF 2004 (BASE I I VILLAGE FINAL PUD). 12 13 WHEREAS, the Base Village Final Planned Unit Development ("BV PUD") was 14 approved by Town Council Ordinance No. 21, Series of 2004 ("Ordinance 21"); and 15 16 WHEREAS, Condition No. 7 ("Condition T') of the Ordinance, attached as 17 Exhibit "A" of said ordinance, concerned Buildings 13A and 13B ("Base Village Hotel") 18 within the BV PUD and set forth certain requirements that needed to be satisfied prior to 19 the issuance of a building permit for said buildings, Phase 2A or any subsequent phase 20 of the BV PUD; and 21 22 WHEREAS, Related WestPac, LLC on behalf of Base Village Owner, LLC 23 ("Applicant') submitted a Minor PUD Amendment application dated May 16, 2007, to 24 modify certain provisions of Condition 7, as described in Exhibit "B" attached hereto and 25 incorporated herein by reference; and 26 27 WHEREAS, the request principally involved a conditional waiver of the 28 requirements of subparagraph (a) of said condition specifying that the Applicant enter 29 into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or 3o Hilton); and 31 32 WHEREAS, this waiver request was to conditionally allow the Base Village Hotel 33 to be operated by Kor Hotel Group as a Viceroy Hotel brand; and 34 35 WHEREAS, said request was considered by the Planning Commission on said 36 date and their recommendations were set forth in Resolution No. 12, Series of 2007; 37 and 38 39 WHEREAS, the Applicant submitted an addendum to their application dated 40 June 11, 2007 and the application, as amended, was presented to the Town Council 41 during their June 18, 2007 meeting; and 42 43 WHEREAS, Town Council Ordinance No. 9, Series of 2007, being an ordinance 44 considering granting first reading approval of the subject application, was denied on said 45 date; and 46 47 WHEREAS, a new application was submitted on July 6, 2007 requesting an 48 amendment of Ordinance 21 to delete Condition 7 and, in lieu of this condition, require 49 the Owner to enter into a Development Agreement, attached hereto as Exhibit "D", that TC Ord. 07-15 Page 2 of 4 50 will secure a location for a conference hotel, subject to the review and standards of the 51 Town; and 52 53 WHEREAS, the Applicant further proposes that the amendment to remove 54 Condition 7 would be subject to certain conditions as specified in Exhibit "C attached 55 hereto; and 56 57 WHEREAS, a meeting was held before the Planning Commission on July 18, 58 2007; and 59 60 WHEREAS, the request was considered by the Planning Commission on said 61 date and their recommendations were set forth in Resolution No. 13, Series of 2007; 62 and 63 64 WHEREAS, the Public Hearing before the Town Council was held on September 65 4, 2007 to receive public comment on the Application; and 66 67 WHEREAS, the Town Council has reviewed the application, heard the 68 recommendations of the Town Staff and Planning Commission as well as the public 69 comments; and 70 71 WHEREAS, pursuant to the terms of Condition 7, this amendment must be 72 approved by at least 3/4 of the members of the Town Council present and voting. 73 74 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Snowmass 75 Village, Colorado: 76 77 Section One: General Findings. Subject to the provisions of Section Four of this 78 Ordinance, the Town Council generally finds: 79 80 1. The Applicant has submitted sufficient information pursuant to Section 81 16A-5-390 of the Municipal Code to permit the Town Staff and the Town 82 Council an adequate review of the proposed Minor PUD Amendment. 83 84 2. The application is consistent with the applicable review standards 85 specified within Section 16A-5-390(3) of the Municipal Code. 86 87 Section Two: Specific Findings. The Town Council specifically finds: 88 89 A. Consistent with original PUD. The amendment is consistent with, or an 90 enhancement of, the original PUD approval. The report submitted to the Town of 91 Snowmass Village by Hunden Strategic Partners concludes that a Viceroy hotel 92 could achieve the underlying goals of the Base Village P.U.D. approval regarding 93 High Occupancy Turnover ("H.O.T.") beds and occupancy; however, it indicates 94 that the approved design of the buildings may not be ideally suited for larger 95 conference business use. CADocuments and Settings\cconradlLocal Settings\Temporary Internet Files\OLK35\TC Ord 07-15 -BV Minor PUD 2nd Amend Condition No 7 Dev Agnt.doc TC Ord. 07-15 Page 3 of 4 96 97 The proposed development agreement proposes the development of a new hotel 98 within either the Snowmass Center or West Village area that will: (a) provide 99 conference facilities comparable to the Snowmass Conference Center facilities; 100 b) include a sufficient number of rooms to function as a successful Hotel for 101 attracting and hosting conferences; and (c) be operated under the name of a 102 conference Hotel brand that is nationally-recognized within the conference 103 booking and sales industry. The Town Council finds that this proposal, if 104 successfully implemented, represents an enhancement of the purpose and intent 105 of Condition 7 as originally approved. 106 107 A. No substantially adverse impact. The proposed amendment will not have a 108 substantially adverse effect on the neighborhood surrounding the land or have a 109 substantially adverse impact on the enjoyment of land abutting upon or across 110 the street from the subject property. 111 112 B. Not change character. The proposed amendment will not change the basic 113 character of the PUD or surrounding areas. 114 115 C. Comply with other applicable standards. The proposed amendment has 116 been found to comply with the other applicable standards of this Division 3, 117 Planned Unit Development 118 119 Section Three: Action. The Town Council hereby approves the Minor PUD Amendment 120 of Ordinance 21 to delete Condition 7 and require a Development Agreement, attached 121 hereto as Exhibit "D", that will secure a location for a conference hotel. Said approval 122 shall be subject to the conditions contained within Section Four below. 123 124 Section Four: Conditions of Approval. The Town Council hereby approves the 125 Application subject to the following conditions: 126 127 1. Prior to issuance of building permit for foundation construction purposes, the 128 Applicant must provide to the Town an executed agreement with Kor Hotel 129 Group that requires Buildings 13A and 13B to be operated as a Viceroy 130 brand hotel that meets the American Automobile Association's "Four 131 Diamond" standards. 132 133 2. The effectiveness of the foregoing amendment is conditioned on the 134 Applicant causing Brush Creek Capital Holdings, LLC to enter into with the 135 Town a "Development Agreement Concerning Center Conference Hotel" in 136 the form attached as Exhibit "D". 137 138 3. Said agreement shall be recorded, at Applicant's expense, in the records of 139 the Pitkin County Clerk and Recorder. 140 141 4. The final condominium documents for the Master Association and C1Documents and Settings\ccomad\Local Settings\Temporary Internet Files\OLK35\TC Ord 07.15 -BV Minor PUD 2nd Amend Condition No 7 Dev Agrmt.doc TC Ord. 07-15 Page 4 of 4 142 condominium unit association for the Base Village Hotel shall be reviewed 143 and approved by the Town prior to recording the condominium map to 144 ensure the operational model outlined within the governance structure 145 described in Exhibit "E" will be implemented. 146 147 Section Five. Severability. If any provision of this Ordinance or application hereof to 148 any person or circumstance is held invalid, the invalidity shall not affect any other 149 provision or application of this Ordinance which can be given effect without the invalid 150 provision or application, and, to this end, the provisions of this Ordinance are severable. 151 152 INTRODUCED, READ, AND APPROVED on first reading by the motion of 153 Council Member and the second of Council Member 154 by a vote of in favor and against, on this 6'h day of August, 2007. 155 156 APPROVED, READ, AND ADOPTED on second reading by the motion of 157 Council Member and the second of Council Member 158 by a vote of in favor and against, on this 20th day of August, 2007. 159 160 TOWN OF SNOWMASS VILLAGE 161 162 163 164 Douglas Mercatoris, Mayor 165 166 ATTEST: 167 168 169 17o Rhonda B. Coxon, Town Clerk 171 172 173 APPROVED AS TO FORM: 174 175 176 177 John C. Dresser, Jr., Town Attorney 178 C:\Documents and Settings\000nrad\Local Settings\Temporary Internet Files\OLK35\TC Ord 07.15 -BV Minor PUD 2nd Amend Condition No 7 Dev Agrmt.doc Exhibit "A" Ordinance No. 15, Series of 2007 Page 1 of 1) Condition No. 7 (the "Condition") of Ordinance No. 21, Series of 2004 concerned Buildings 13A and 13B, Base Village PUD as follows: Section Three. Conditions. As conditions of the final approvals granted herein, the Applicant will comply with the following: 7. Phase 2A Condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project, the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally- recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a "four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and b. all residential two and three-bedroom units with bedrooms located on or having access to a main hallway in Buildings 13A and 13B have been converted to 14 additional lockoffs. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 3/4 of the members of the Town Council present and voting. Exhibit "B" Ordinance No. 15, Series of 2007 Page 1 of 1) Proposed Condition 7 Amendment being the subject of Ordinance No. 9, Series of 2007 Ordinance Denied on June 18, 2007) The requirements of subparagraph (a) of Condition 7 of Ordinance 21, Series of 2004, are hereby waived to permit Buildings 13A and 13B to be operated by Kor Hotel Group as a Viceroy brand hotel. The foregoing waiver is limited by and subject to the following conditions: 1) Prior to issuance of a building permit for excavation purposes, the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2) If Kor Hotel Group (or any successor to it by merger or acquisition) ceases to operate Buildings 1 3A and 13B as a hotel under its Viceroy brand, then at the Town Council's request, the owner shall be required to either a) enter into a new operating agreement to operate Buildings 1 3A and 13B under a nationally-recognized hotel chain with a level of recognition comparable to Westin, Hyatt or Hilton pursuant to the American Automobile Association's "Four Diamond" standards; or b) obtain approval of a waiver or modification of this requirement for another specified operator by a three-fourths (3/4) majority of the present and voting members of the Town Council pursuant to the procedures for a PUD amendment in Section 16A-5-390 of the Snowmass Village Municipal Code. Exhibit "C" Ordinance No. 15, Series of 2007 Page 1 of 1) The amendment to delete Condition 7 of Ordinance 21, Series of 2004, in its entirety is subject to the following conditions: 1) Prior to issuance of building permit for foundation construction purposes, the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2) The effectiveness of the foregoing amendment is conditioned on the Applicant causing Brush Creek Capital Holdings, LLC to enter into with the Town a "Development Agreement Concerning Center Conference Hotel" in the form attached." Exhibit "D" Ordinance No. 13, Series of 2007 Page 1 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 2 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 3 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 4 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 5 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 6 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 7 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page S of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 9 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 10 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 11 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 12 of 13) Exhibit "D" Ordinance No. 15, Series of 2007 Page 13 of 13) Exhibit "E" Ordinance No. 15, Series of 2007 Page 1 of 5) Exhibit "E" Ordinance No. 15, Series of 2007 Page 2 of 5) Exhibit "E" Ordinance No. 15, Series of 2007 Page 3 of 5) Exhibit "E" Ordinance No. 15, Series of 2007 Page 4 of 5) Exhibit "E" Ordinance No. 15, Series of 2007 Page 5 of 5) Exhibit "D" Ordinance No. 15, Series of 2007 13 Pages) Proposed Development Agreement Not Included In Town Council Packet - See Section 3 of Application Notebook OR Attachment 2 in Town Council Packet Exhibit "E" Ordinance No. 15, Series of 2007 Paget of 5) r fELATE ® WESTPAG SECTION G Summary of Governance Structure The operation and management of Buildings 13A and 13B (collectively, "Building 13") will be governed by a four-tier governance structure. First, because the buildings are within the Base Village large planned community, they will be part of the master association for Base Village (the,"Master Association"). The Master Association will be charged with maintaining the majority of the landscaping and overall exterior appearance of the entire Base Village. Second, an architectural control committee (the "ACC") will enforce design covenants for all of. Base Village and will be responsible for reviewing and approving changes to the exterior portions of any building in Base Village. Third, Building 13 themselves will be governed by a condominium association (the "Condominium Association"). The Condominium Association will be responsible for maintaining and repairing Building 13 generally and enforcing the terms . of the condominium declaration. Finally, for so long as Building. 13 are operated as a condominium hotel, the day to day management of the buildings would be delegated to the hotel operator pursuant to a hotel management agreement (the "Management Agreement"). The pages that follow summarize the way each of these tiers of governance will operate and be controlled. 1. . Base Fillaee. The Master Association will be responsible for maintaining all of the areas of Base Village (Lots 1-9) that are not included within the boundaries of a condominium. These areas will include much of the landscaping, paths, sidewalks and open areas within Base Village. The Town of Snowmass Village previously reviewed and approved the form of the Master Association declaration as part of the approval of Base Village in 2004. All of the unit owners within Base Village will be members of the Master Association and will have voting rights based on the square footage of each member's unit. The Master Association will be governed by a seven member board of directors elected by the members ofthe Master Association. This board ofdirectors is anticipated to be a class- June 2007 Addendum to the Request for a Waiver 25 Exhibit "E" Ordinance No. 15, Series of 2007 Page 2 o15) J tlV E: S 9 r K C qualified board composed of two directors who are elected only by the residential owners, two directors who are elected only by the commercial owners,two directors who are elected by only by the owner of the"Resort Parcel" and the"Lodging Management Site" and one director who is elected at-large by all of the members. The Master Association declaration contains the statutorily-authorized period of declarant control during which the developer will be permitted to appoint some or all of the members of the board of directors of the Master Association. During this period of declarant control, employees of Related/Westpac will serve as members of the board of directors. Upon the expiration of the declarant control period,the developer will continue to have the right to vote on Master Association matters and elect members to the board of directors so long as it continues to own commercial units in Base Village and/or holds unsold residential unit inventory. As such, it is anticipated that the developer will retain substantial influence over the governance of the Master Association in the longterm by virtue of its ownership of commercial units. 2. Architectural Control Committee. At the same time the Master Association declaration is recorded the developer will record a Declaration of Design and Building Covenants, Conditions and Restrictions (the "Design Declaration'). The Design Declaration will create the ACC, which will be a three member committee appointed by the developer. The developer retains the right to appoint the members of the ACC perpetually and is not forced to tam control over to the owners or any of the associations in Base Village. The ACC will be responsible for reviewing and approving all grading work to be done at Base Village, the design and location of any improvements to be constructed or modified anywhere within Base Village, the placement and design of outdoor signage, and the installation of landscaping anywhere in Base Village. The ACC is also charged with enforcing the terms of the. Design Declaration, which require the owners and associations to maintain the exterior appearance of Base Village. Both the Master Association and the Condominium Association will be required to comply with the requirements of the Design Declaration and, as such,the June 2007 Addendum to the Request for a Waiver 26 Exhibit "E" Ordinance No. 15, Series of 2007 Page 3 of 5) rRELATED WESTPAC developer will retain longterm control over the exterior appearance of the entirety of Base Village even after all of the residential units in the project have been sold. 3. Condominium Association. Buildings 13A and 13B themselves will be governed by the Condominium Association. The condominium will be comprised of three principal types of spaces—units, limited common elements and general common elements. The units will be all of the residential units, the commercial units and one or more anticipated "hotel units" (all to be identified on the i condominium map). For clarification, the hotel units would be non-commercial areas owned by the developer or the hotel operator in connection with the operation of Building 13 as, a condominium hotel (such as check-in facilities, housekeeping areas, management offices and similar spaces in the buildings).. Limited common elements will be those common elements allocated only to certain units, such as the balconies adjoining each residential unit. General common elements are those common elements used by or accessible to all unit owners, their i lessees and guests, such as parking areas under the buildings. The Condominium Association will be responsible for repairing and maintaining the common elements in the condominium and for keeping the same in good and safe condition, subject to the provisions in the condominium declaration for casualties and condemnation. The unit owners will generally be responsible for maintaining their units and certain limited common elements. allocated to their units (such as, again,balconies). Like the Master Association, the Condominium Association will be governed by a class- qualified board of directors. This board of directors would be independent of the Master Association's board of directors, however all actions of the board of directors and the Condominium Association will be subject to the limitations and regulations, to the extent applicable, of the Master Association governing documents. We anticipate that the board of directors will be composed of three to five members and that separate directors would be elected by the owners of the residential units,the owner(s) ofthe commercial units and the owner of the hotel units. Additionally, if Building 13 include a fractional ownership plan,the owners ofthe June 2007 Addendum to the Request for a Waiver 27 Exhibit "E" Ordinance No. 15, Series of 2007 Page 4 of 5) y may ELATED C LATE° EA ®^ 1 fractional interests will likely constitute a class of owners entitled to elect their own director to i the board of directors. The condominium declaration for the condominium will provide for the statutorily- authorized period of declarant control during which the declarant would be permitted to appoint some or all of the members of the board of directors of the Condominium Association. During this period of declarant control, employees of Related/Westpac intend to serve as members of the board of directors. Because under Colorado law the developer of a condominium is required to turn over control of the condominium to the unit owners following the declarant control period, it is impossible for the developer to indefinitely retain direct control over the Condominium Association. With that said, upon the expiration of the declarant control period, the developer would continue to have the right to vote on Condominium Association matters and elect members to the board of directors so long as it continues to have unsold residential unit inventory, owns any commercial units or owns the hotel unit. In addition,because the hotel units would be owned by the developer or the hotel operator,.the Condominium Association and the residential unit owners would only have access to those spaces with the consent of the hotel operator or developer, as applicable. As noted above, the spaces within Building 13 that are anticipated to be hotel units include the check-in area, housekeeping closets, and management offices. Given the importance of these spaces, the Condominium Association has a significant. incentive to retain the hotel operator for the management and operation of the Building 13 over the long term. 4. Management Agreement. Though the developer will be required to ultimately turn over control of the Condominium Association to the unit owners, because Building 13 are intended to be operated as a condominium hotel, the hotel operator would retain significant control over the operation of the condominium itself for so long as it remains the operator of the project. This control would stem from the provisions of the Management Agreement between the Condominium Association and the hotel operator. June 2007 Addendum to the Request for a Waiver 28 Exhibit "E" Ordinance No. 15, series of 2007 Page 5 of 5) Wr ' ELATED While representatives of Viceroy are providing a separate summary ofthe terms of such a Management Agreement, it is important to note here that the Management Agreement would give the hotel operator day-to-day managerial control over the Condominium Association as many of the responsibilities otherwise allocated to the Condominium Association would effectively be delegated to the hotel operator pursuant to the terms of the Management Agreement. As a result, even though the developer will be forced to give up control of the Condominium Association, the hotel operator would be able to effectively manage and operate the condominium itselffor so long as the Management Agreement remains in effect. In addition to the considerations regarding control of the hotel units discussed above,the various management, operations and other services provided by the hotel operator pursuant to the Management Agreement would provide the Condominium Association with an additional incentive to retain the hotel operator. We anticipate that the services to be provided to residential unit owners (such as food service and valet parldng) as well as the day-to-day administrative management services provided to the Condominium Association by the hotel operator will all provide signficant reasons for the Condominium Association to value its relationship with the hotel operator and maintain the Management Agreement in force. Summary Only. This summary is intended only to highlight and describe in general terms the way in which the Master Association, the ACC, the Condominium Association and the Management Agreement will combine to regulate the use and appearance of Building 13. The actual governing documents for the Master Association, the ACC and the Condominium Association and the provisions of the Management Agreement will contain other terms not inconsistent with this summary, and, as such, the provisions of this summary are not intended to limit or specify the contents of any such governing documents (except for the specific matters described above). June 2007 Addendum to the Request for a Waiver 29 MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director Mark Kittle, Chief Building Official DATE: August 6, 2007 SUBJECT: FIRST READING OF ORDINANCE NO. 12, SERIES OF 2007— ENGINE IDLING AND CONSTRUCTION MANAGEMENT REGULATIONS I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL 1. To establish the regulatory tools needed to improve the Town's ability to regulate, monitor, and enforce the provisions of project-specific construction management plans (CMP's). 2. Approve the First Reading of Ordinance No. 12, Series of 2007, an Ordinance to be Implemented into Chapter 8 and Chapter 18 of the Town Of Snowmass Village Municipal Code to Prohibit Excessive Vehicle Engine Idling and to Establish Standards and Regulations for Construction Management. II. DISCUSION ITEMS This Ordinance is being presented in response to Council's April, 2, 2007 directive that staff develop a performance-based Construction Management Plan Ordinance that establishes a detailed set of code regulations governing the preparation and implementation of project-specific Construction Management Plans. A similar Ordinance was presented to Council in December of 2006; however, staff was directed to postpone further consideration of the item until other aspects of the Town-wide Construction Coordination and Impact Mitigation Plan had been resolved. By adopting Ordinance No. 12, Council will establish code regulations that will enable the Town to better regulate, monitor, and enforce project-specific CMP's. The proposed language is designed to provide specific performance-based measures for actively mitigating construction impacts, and to ensure that construction sites and construction activities are regulated in a safe, organized, and consistent manner. Limitations on vehicle engine idling are also presented for Council consideration. III.NEXT STEPS If Council approves the First Reading of Ordinance No. 12, the item will be placed on the August 20, 2007 agenda for Second Reading. The new Ordinance would become effective 15 days after Council's approval at Second Reading. 1 2 3 Town of Snowmass Village 4 5 Ordinance No. 12 6 Series of 2007 7 8 AN ORDINANCE TO BE IMPLEMENTED INTO CHAPTER 8 AND 9 CHAPTER 18 OF THE TOWN OF SNOWMASS VILLAGE to MUNICIPAL CODE TO PROHIBIT EXCESSIVE VEHICLE 11 ENGINE IDLING AND TO ESTABLISH STANDARDS AND 12 REGULATIONS FOR CONSTRUCTION MANAGEMENT. 13 14 WHEREAS, the Town of Snowmass Village has adopted the 2003 revision of the 15 Colorado Model Traffic Code, with local amendments, to regulate traffic within the 16 Town; and 17 18 WHEREAS,the Town Council finds that updating the 2003 revision of the Colorado 19 Model Traffic Code by adoption of this Ordinance is necessary for the preservation of the 20 public health, safety, and welfare; and 21 22 WHEREAS, the Town of Snowmass Village has the authority to implement regulations 23 for new and existing construction within the limits of the Town, and 24 25 WHEREAS, it is imperative that all construction and related activities are regulated to 26 ensure safety and lessen the impact upon the Town and its citizens, and 27 28 WHEREAS, a consistent set of rules and regulations should be adopted by the Town to 29 provide guidance for developers,builders, contractors and tradesmen to follow and 30 understand, and 31 32 WHEREAS, with definitive rules and regulations in place, it will be easier to monitor, 33 regulate and enforce theses construction activities, and 34 35 WHEREAS, the Town Council finds that the adoption of this Ordinance is necessary for 36 the immediate preservation of the public health, safety and welfare. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE 39 TOWN OF SNOWMASS VILLAGE, as follows: 40 1 41 Section One: Chapter 8 of the Snowmass Village Municipal Code shall be 42 amended by the addition of regulations for excessive vehicle engine idling, specifically 43 adding Section 1212 of the 2003 revision of the Colorado Model Traffic Code and a 44 corresponding Fine in Code Section 8-53. 45 46 A. Part 12 of the Colorado Model Traffic Code is hereby amended by the 47 addition of the following Section: 48 49 Sec. 1212. Engine Idling. 50 a) Except as hereinafter provided, it shall be unlawful for any person to 51 idle or permit the idling of the motor of any stationary motor vehicle 52 for a prolonged or unreasonable period of time determined herein to be 53 in excess of ten (10) minutes within any one (1) hour period of time. 54 55 b) This section shall not apply when an engine must be operated in the 56 idle mode for safety reasons including, but not limited to, the operation 57 of cranes and forklifts used in the construction industry, or for 58 emergency response vehicles. 59 60 c) The time required by a diesel powered motor vehicle with a gross 61 weight rating of ten thousand (10,000) pounds or more while operating 62 in a stationary position to achieve a temperature of one hundred twenty 63 120) degrees Fahrenheit and an air pressure of one hundred (100) 64 pounds per square inch, shall not be included in the computation of the 65 ten (10) minutes determined herein to be a prolonged or unreasonable 66 period of time. The temperature and air pressure as indicated on the 67 vehicle's gauges may be used for determining the diesel engine's 68 temperature and air pressure. 69 70 d) The time during which transportation vehicles are actively loading or 71 discharging passengers shall not be included in the computation ofthe 72 ten (10) minutes determined herein to be a prolonged or unreasonable 73 period of time. A transportation vehicle shall be defined for purposes 74 of this section to mean motor vehicles designed to transport a 75 minimum of sixteen (16) persons. 76 77 B. Part 12 of Section 8-53 of the Snowmass Village Municipal Code is 78 hereby amended by the addition of the following: 79 80 MTC Sec. 81 Violation Description Fine 82 83 1212 Engine Idling 50 84 2 85 Section Two: Chapter 18 of the Snowmass Village Municipal Code shall be 86 amended by the addition of standards and regulations for Construction Management, 87 specifically adding Section 18-3(d) and Section 18-10. 88 89 A. Chapter 18 of the Snowmass Village Municipal Code is hereby amended by 90 the addition of the following: 91 92 Sec. 18-3(d) Any construction activity that produces a decibel reading at the property 93 line of greater than ninety (90) decibels at any time shall require prior written 94 authorization from the Town Manager or Chief Building Official. 95 96 Sec. 18-10 Construction Management. 97 98 This section establishes standards and regulations governing the preparation, review, 99 implementation, monitoring and enforcement of project-specific Construction 100 Management Plans. For Projects that have received Planned Unit Development 101 PUD) approvals, the provisions of such approval shall in no way be diminished by 102 the terms ofthis Section, and the more restrictive terms between the two shall apply. 103 104 18-10.1 Construction Management Plan Submittal Requirements 105 106 A Construction Management Plan shall be approved by the Chief Building 107 Official prior to issuance of a permit for any type of construction activity. In 108 addition to an approved Construction Management Plan, additional permits for 109 demolition, excavation, building, electrical, mechanical, plumbing, fire protection, 110 public works and land use approvals may be required prior to commencement of 111 construction activities. 112 113 The following documents shall be submitted to the Chief Building Official for 114 review and approval: 115 116 a) Survey/Site Plan - A professionally prepared survey/site plan shall 117 include the following information and any other items that may be deemed 118 necessary by the Town: 119 120 1. Property Lines 2. Limits of Disturbance 121 3. Easements 4. Right of Way Encroachments 122 5. Utilities 6. Location of Waste Disposal Bins 123 7. Worker Parking Areas 8. Delivery Locations 124 9. Material Storage & Staging 10. Vehicle Wash & Tracking Pads 125 11. Erosion Control 12. Site Fencing 126 13. Portable Toilets 14. Snow Storage Areas 127 15. Retaining Walls 16. Designated Wetlands 128 17. Building Envelope(s) 18.Existing&Proposed Topography 129 19. Foundation System Layout 20. Site Access &Traffic Management 130 3 131 b) US Army Corps of Engineers Section 404 Permit(if required) 132 133 c) Material Safety Data Sheets 134 135 d) Snowmass/Wildcat Fire Protection District Approval or Permit 136 137 e) Stormwater and Sediment Control-Plan 138 139 f) State of Colorado Stormwater Construction Permit(if required) 140 141 g) Noise Mitigation Plan (if required) 142 143 h) Waste Management Plan 144 145 i) Tree Preservation Plan (if required) 146 147 j) Fugitive Dust Control Plan 148 149 k) Air Quality Monitoring Plan (if required) 150 151 1) Construction Interruption Landscape Plan (if required) 152 153 m) Notice and Signatures of Adjoining Property Owners 154 155 n) Project Information and Signage Plan 156 157 158 18-10.2 Construction Management Standards and Regulations 159 160 a) Days and hours of activity. 161 162 1. The days and hours of construction activity within the Town 163 limits are regulated pursuant to Code Section 18-3. Work is 164 generally permitted from 7:00 a.m. to 6:00 p.m. Monday 165 through Saturday (excluding legal holidays). Work is 166 generally prohibited on Sundays and legal holidays. 167 168 2. The Town Council may choose to further prohibit, or otherwise 169 limit excessive noise-producing construction and vehicle 170 activity, including road and lane closures, or other "high 171 impact' activities from occurring during Peak Seasons (Winter 172 and Summer), major special events and other holidays 173 throughout the year. Specific dates defining these periods and 174 days on which such activities are prohibited should be 175 determined on an annual basis by Council Resolution. 176 4 177 i. In general, special events shall take precedence 178 over construction activities, and as such, 179 permitted work hours may be altered or 180 interrupted, or work stopped at the discretion of 181 the Chief Building Official in order to ensure 182 that an event is not adversely affected, impeded 183 or disrupted due to construction activity. 184 185 3. Interior layout work and similar activities that do not exceed 186 the noise limitations or vehicle activity described in Section 187 18-3 of this code, and which does not adversely impact 188 adjoining properties, is permitted at any time. 189 190 4. In some instances, work may be required, or may serve as a 191 benefit to the community to occur outside of permitted work 192 hours. In these cases, a written request shall be submitted for 193 review and approval by the Town Manager at least (7) days 194 prior to the date of the proposed work. For emergency 195 situations, and in order to account for other unforeseen 196 circumstances, the Town Manager or Chief Building Official 197 may approve work to occur outside of permitted work hours at 198 their discretion. 199 200 b) High impact events. 201 202 1. Large concrete pours, major material deliveries, overhead 203 craning and rigging, drilling, blasting, pile driving, work within 204 public roadways, sidewalks or trails, traffic detours, and other 205 high impact" activities shall be clearly identified in order of 206 succession in the Construction Management Plan. 207 208 2. Two weeks notice shall be given to the Town, prior to the 209 occurrence of any"high impact" event. 210 211 3. A notice of any "high impact" activity or other activities that 212 may adversely affect adjoining properties shall be submitted to 213 the Town in written form with signatures of adjoining property 214 owners and business owners acknowledging said work. 215 216 4. Work shall not be permitted to commence prior to receipt of 217 this notice. However, in the event that, despite an applicant's 218 best efforts, an adjoining property owner or business owner 219 cannot be located, the requirement to provide said signatures 220 may be waived at the discretion of the Town's Building 221 Official. 222 5 223 c) Site security. 224 225 1. Construction fencing or other measures shall be implemented 226 to delineate, screen and secure the project site. 227 228 2. Security measures shall be in place at all time's when the site is 229 not in operation. This may include perimeter barriers, locks, 230 surveillance systems, security lighting and motion detectors. 231 232 3. Where a building site cannot be fully, secured, consideration 233 should be given to the use of a private security service to 234 prevent unauthorized access. 235 236 4. Security measures shall be taken to prevent construction work 237 or protection measures from facilitating unauthorized access to 238 adjoining buildings, and to safeguard site materials and 239 equipment. 240 241 d) Work conditions, site safety and emergency provisions. 242 243 1. Work conditions. 244 245 i. The Chief Building Official may require that a 246 list of generally required worker safety 247 conditions be submitted to the Town for 248 reference. 249 250 ii. Compliance with United States Occupational 251 Safety and Health Administration (OSHA) 252 standards and codes will be required pursuant to 253 state and federal regulations. 254 255 2. Safeguarding. 256 257 i. Readily accessible emergency telephone 258 facilities shall be provided in an approved 259 location at the construction site. The street 260 address of the construction site and the 261 emergency .telephone number of the fire 262 department shall be posted adjacent to the 263 telephone. 264 265 ii. Roofing operations utilizing heat-producing 266 systems or other ignition sources shall be 267 performed by a contractor licensed and bonded 268 for the type of roofing process to be performed. 6 269 270 iii. Asphalt and tar kettles shall be operated in 271 accordance with Section 303 of the International 272 Fire Code. 273 274 iv. Internal combustion powered construction 275 equipment shall be used in accordance with all 276 of the following conditions: 277 278 a) Equipment shall be located so that 279 exhausts do not discharge against 280 combustible material. 281 282 b) Exhausts shall be vented to the 283 outside of the building. 284 285 c) Equipment shall not be refueled 286 while in operation. 287 288 v. A first-aid kit shall be available on site at all 289 times and shall be inspected at least monthly 290 and replenished as necessary. 291 292 vi. In buildings where an automatic fire sprinkler 293 system is required it shall be unlawful to occupy 294 any portion of a building or structure until the 295 automatic sprinkler system installation has been 296 tested and approved. 297 298 vii. Operation of sprinkler control valves shall be 299 allowed only by properly authorized personnel 300 and shall be accomplished by notification of 301 duly designated parties. When the sprinkler 302 protection is being regularly turned off and on to 303 facilitate connection of newly completed 304 segments, the sprinkler control valves shall be 305 checked at the end of each work period to 306 ascertain that protection is in service. 307 308 3. Deep excavations /trenches. 309 310 i. Excavations shall be performed as specified by 311 the project's engineer of record. Shoring, slope 312 stabilization and retaining methods shall be 313 employed as required for safety of property and 314 personnel. In the absence of specifications 7 315 provided by a design professional, United States 316 Occupational Safety and Health Administration 317 OSHA) regulations for this type of activity 318 shall govern. 319 320 ii. Trenches excavated four (4) feet or more below 321 grade shall require the implementation of 322 approved safety provisions subject to the review 323 and approval of the Snowmass/Wildcat Fire 324 Protection District. 325 326 iii. Trenches located in the Public Right of Way 327 shall be backfilled or covered overnight. Traffic 328 control and pedestrian protection measures 329 including barricades, flashing lights, detour 330 signage, and steel plates shall be reviewed and 331 approved by the Chief Building Official, Public 332 Works Director, or their designee. 333 334 4. Hazardous Materials Storage. 335 336 i. On-site hazardous materials, including 337 combustible liquids, combustible fibers, 338 explosives, flammable gases, flammable liquids, 339 organic peroxides, oxidizers, etc., shall be listed 340 as to quantity and location. 341 342 ii. The appropriate Material Safety Data Sheets 343 MSDS) shall be available on-site at all times, 344 pursuant to federal regulations. 345 346 iii. All flammable and combustible liquids used or 347 stored on site shall comply with Section 1405 of 348 the International Fire Code. 349 350 iv. Operations involving cutting and welding shall 351 be done in accordance with Chapter 26 of the 352 International Fire Code. 353 354 V. A written approval or permit from the 355 Snowmass/Wildcat Fire Protection District shall 356 be submitted to the Chief Building Official for 357 all on-site hazardous materials storage. 358 359 360 8 361 5. Fuel storage. 362 363 i. Container locations for bulk on-site fuel storage 364 shall be clearly identified, including fuel types, 365 container sizes and spill containment 366 procedures. 367 368 ii. On-site fuel storage locations shall require a 369 written approval or permit from the 370 Snowmass/Wildcat Fire Protection District. 371 372 6. Temporary heating. 373 374 i. A written approval or permit from the 375 Snowmass/Wildcat Fire Protection District shall 376 be required for temporary heating systems. 377 378 ii. A field inspection shall be performed prior to 379 energizing of any temporary heating 380 components. 381 382 iii. All temporary heating provisions shall comply 383 with Section 1403 of the International Fire 384 Code. 385 386 7. Emergency access and evacuation. 387 388 i. Emergency access in and out of the Town, and 389 to all locations throughout the Town, shall be 390 maintained at all times. 391 392 ii. Approved vehicle access for fire fighting shall 393 be provided to all construction or demolition 394 sites. 395 396 iii. Vehicle access shall be provided to within (100) 397 feet of temporary or permanent fire district 398 connections. 399 400 iv. Vehicle access shall be provided by either 401 temporary or permanent roads capable of 402 supporting emergency vehicle loading under all 403 weather conditions. 404 9 405 V. Vehicle access shall be maintained until 406 permanent fire apparatus access roads are 407 available. 408 409 vi. Key boxes shall be provided as required by 410 Chapter 5 of the International Fire Code. 411 412 vii. Where a building has been constructed to a 413 height greater than fifty (50) feet or four (4) 414 stories, or where an existing building exceeding 415 fifty (50) feet in height is altered, at least one 416 temporary lighted stairway shall be provided 417 unless one or more of the permanent stairways 418 are erected as the construction progresses. 419 420 viii. Required means of egress shall be maintained 421 during construction, demolition, remodeling, 422 alteration and addition to any building. 423 Approved temporary means of egress systems 424 may be utilized subject to review and approval 425 by the Chief Building Official. 426 427 8. Firefighting equipment and water supply. 428 429 i. Structures under construction, alteration or 430 demolition shall be provided with at least one 431 1) approved portable fire extinguisher in 432 accordance with Section 906 of the International 433 Fire Code and sized for not less than ordinary 434 hazard as follows: 435 436 a) At each stairway on all floor levels 437 where combustible materials have 438 accumulated. 439 440 b) In every storage and construction 441 shed. 442 443 e) Additional portable fire 444 extinguishers shall be provided 445 where special hazards exist 446 including, but not limited to, the 447 storage and use of flammable and 448 combustible liquids. 449 10 450 ii. An approved water supply for fire protection, 451 either temporary or permanent, shall be made 452 available as soon as combustible material 453 arrives on the site. 454 455 9. Building standpipes. 456 457 i. Buildings four (4) or more stories in height shall 458 be provided with not less than one standpipe for 459 use during construction. 460 461 ii. Standpipes shall be installed when the progress 462 of the construction is not more than forty (40) 463 feet in height above the lowest level of fire 464 department access. 465 466 iii. Standpipes shall be provided with fire district 467 hose connections at accessible locations 468 adjacent to usable stairs. 469 470 iv. Standpipes shall be extended as construction 471 progresses to within one floor of the highest 472 point of construction having secured decking or 473 flooring. 474 475 e) Site signage and exterior lighting. 476 477 1. All informational signage displayed on a construction site shall 478 be reviewed and approved by the Chief Building Official prior 479 to installation. 480 481 2. Signage on construction sites shall be limited to thirty-two (32) 482 square feet in size and limited to one (1) sign per site. Content 483 shall be limited to directional or project information only. 484 485 3. All signage of public roadways must meet United States 486 Manual on Uniform Traffic Code Device (MUTCD) standards. 487 488 4. Signage specifying security information, site safety 489 requirements, and contact information shall be erected on the 490 perimeter of the site. A 24-hour contact name and telephone 491 number shall be provided. This sign is required and permitted 492 in addition to the sign described in Section 18-10.2(c)2. 493 11 494 5. Exterior lighting, including temporary construction lighting, 495 and temporary lighting of site signage shall conform to the 496 provisions of Chapter 18, Article XIII. 497 498 f) Contractor and worker parking. 499 500 1. Adequate parking provisions shall be made on site for 501 contractor and worker vehicles. 502 503 2. If the provision of on-site parking is not practical, or is 504 otherwise prohibited pursuant to the conditions of project 505 approval, then evidence shall be provided describing 506 alternative arrangements that have been made to accommodate 507 parking needs. 508 509 g) Construction Vehicles. 510 511 1. Vehicles and equipment leaving a construction site shall be 512 properly cleaned to prevent mud, gravel and debris from being 513 tracked onto public roadways, sidewalks, trails and parking 514 areas. 515 516 2. The location of site entries, exits and primary paths of travel 517 shall be identified for vehicles traveling to, from and through 518 the site. 519 520 3. Site entry and exit points, and temporary haul roads shall be 521 stabilized with crushed rock, bitumen or similar stabilizing and 522 dust suppressing material. 523 524 4. Tracking controls such as rumble grids, wash stations, or 525 similar facilities shall be installed to remove and collect mud 526 and debris from vehicles leaving the site. Tracking controls 527 shall be monitored regularly and replaced or maintained as 528 necessary to ensure their effectiveness. 529 530 i. Detailed descriptions of vehicle tracking pads 531 and their locations shall be provided, and such 532 facilities shall be installed and maintained to the 533 satisfaction of the Building Official. 534 535 ii. At the discretion of the Chief Building Official, 536 or as required pursuant to project approvals, 537 designated vehicle and equipment wash down 538 areas may be required. If required, wash down 539 areas shall be located near the site exits and 12 540 shall be designed to capture and treat water prior 541 to discharge into the stormwater system. 542 543 iii. Wash down areas exceeding 2000 gallons per 544 day shall be required to use recycled water. 545 546 iv. Should the approved tracking control methods 547 prove to be inadequate during construction, the 548 Town shall have the authority to recommend 549 alternate methods, cease work until 550 unacceptable conditions are corrected, take 551 appropriate enforcement actions, and/or perform 552 the necessary work at the permit holder's 553 expense. 554 555 5. Roadways shall be monitored continuously and cleaned on a 556 regular basis to be kept free and clear of dirt and debris to the 557 satisfaction of the Chief Building Official. 558 559 h) Material Storage and Staging. 560 561 1. Material storage and staging should be limited to one 562 contiguous area within the project site. Materials should be 563 stored in an organized manner and shall not encroach onto 564 adjoining properties or public areas. 565 566 2. An adequate buffer or screening, as determined by the Chief 567 Building Official or Planning Director, shall be maintained 568 between stored materials and adjacent properties and public 569 areas. 570 571 3. Stored raw materials shall be adequately secured to prevent 572 dispersal of these materials across the site and migration into 573 public areas. 574 575 4. High-piled storage shall be prohibited. 576 577 i) Snow storage and removal. 578 579 1. Areas shall be designated for snow storage. Snow storage is 580 not permitted on public roadways or right-of-ways. 581 582 2. If the site is constrained and snow storage is not practical, a 583 detailed snow removal plan shall be submitted to the Town 584 indicating methods of removal and final destination. 585 13 586 j) Construction waste. 587 588 1. A Waste Management Plan shall be detailed to address the 589 following: 590 591 i. Specific efforts to minimize waste on site by 592 avoiding over-estimation of purchasing 593 requirements, minimizing packaging materials, 594 and purchasing environmentally sensitive and 595 recycled content products, 596 597 ii. Procedures for the collection and sorting of 598 recyclable construction materials, 599 600 iii. The type and quantity of materials that are to be 601 reused or recycled, 602 603 iv. Provision of containers for recyclable materials 604 including cardboard, glass, metal, plastic and 605 green waste, 606 607 V. The reuse of timber, glass and other materials, 608 609 vi. The recycling of asphalt, metal, bricks, tiles, 610 masonry, concrete, plasterboard, plastic, 611 batteries, cardboard, carpet and other materials, 612 613 vii. Provisions for collection of daily rubbish from 614 workers, 615 616 viii. Procedures for removal of waste (materials that 617 cannot be reused or recycled) from the site, 618 619 ix. Procedures for .removal of hazardous or 620 dangerous materials from the site. 621 622 2. Removal of hazardous or dangerous materials from the site 623 shall be in accordance with State and Federal law. 624 Coordination may be required through the Pitkin County 625 Environmental Health Department. 626 627 3. Waste collection shall only occur during permitted work hours. 628 629 4. For outside bins, self-closing lids must be installed to ensure 630 that waste does not become airborne. 631 14 632 5. Litter and debris "trapped" against site fencing shall be 633 monitored regularly and removed promptly. 634 635 6. Open burning on site is prohibited. 636 637 k) Stormwater and Sediment Control. 638 639 1. A Stormwater and Sediment Control Plan shall be prepared and 640 stamped with the seal of a State of Colorado licensed engineer 641 engaged in the type of work to be performed. The Plan shall 642 demonstrate that: 643 644 i. Stormwater runoff will be prevented from 645 entering adjoining properties or into the public 646 sewer system. 647 648 ii. Drainage of the site to the legal point of 649 discharge will be maintained throughout 650 construction. 651 652 iii. Stormwater will be captured and filtered at 653 sediment control points before entering the legal 654 point of discharge. 655 656 iv. Site water retention will not cause structural 657 damage to excavations or retaining walls. 658 659 2. Construction-caused water discoloration shall not be permitted 660 in Brush Creek or other waterways within the Town. Natural 661 rainwater run-off shall be controlled to prevent sediment 662 migration into Town waterways and stormwater systems. 663 664 i. Upslope water shall be diverted to prevent it 665 from traveling through the construction site. 666 667 ii. Downspouts shall be connected as soon as the 668 roof is installed on the site. 669 670 iii. Natural falls shall be identified and sediment 671 traps or filters shall be located at all run-off 672 points. Sediment Controls shall be monitored 673 regularly and replaced or maintained as 674 necessary to ensure their effectiveness. 675 676 iv. Sediment traps or filters shall be placed around 677 any drain affected by construction works. 15 678 Sediment controls shall be inspected on a 679 weekly basis or after any significant storm 680 event, whichever occurs first, and shall be 681 maintained or replaced as necessary to ensure 682 their effectiveness. 683 684 V. Grated drains shall be provided at stormwater 685 exit points to prevent uncontrolled debris flow 686 run-off. 687 688 3. Proposed silt fencing and erosion control shall be plainly 689 detailed. Details shall include location, installation methods, 690 type of materials used and maintenance methods over the 691 course of the project. Proposed erosion control measures shall 692 be submitted for approval from the Town Engineer. 693 694 4. Proposed storage locations for loose materials such as soil, 695 sand and gravel shall be identified and precautions to prevent 696 displacement shall be implemented. Sediment controls may be 697 required for fine material storage. 698 699 5. Water collected at the bottom of excavation sites shall be 700 pumped out in a timely manner. If the water contains 701 sedimentation at less than 150mg/gallon of total suspended 702 solids, it may be filtered and pumped to the legal point of 703 discharge. 704 705 i. Polluted water shall not be permitted to enter the 706 stormwater system and may be pumped to the 707 sewer system with appropriate approvals from 708 the Snowmass Water and Sanitation District. 709 710 ii. At the discretion of the Town's Environmental 711 Consultant or Public Works Director, a liquid 712 waste company may be required to collect 713 contaminated water for disposal at a licensed 714 treatment facility. 715 716 6. Waste materials, including liquid wastes such as paint, concrete 717 slurries and chemicals, shall not be discharged into the public 718 stormwater system. Facilities shall be provided to enable 719 equipment cleaning without any discharge of by-product into 720 the stormwater system. 721 16 722 8. Wherever possible, natural vegetation should be retained to 723 absorb surface water flows. In disturbed areas, revegetation 724 should occur as soon as possible after completion of the work. 725 726 9. For construction sites that disturb one acre or greater, a State of 727 Colorado Stormwater Construction Permit or Waiver shall be 728 submitted to the Chief Building Official for reference and 729 enforcement. 730 731 1) Wetlands. 732 733 1. All work proposed in a designated wetlands area shall obtain 734 the proper State and Federal permits prior to commencement. 735 736 2. Where required, an approved permit issued pursuant to Section 737 404 of the Clean Water Act shall be submitted to the Chief 738 Building Official. 739 740 m) Construction on Slopes Greater than Thirty Percent (30%). 741 742 1. For construction permitted on slopes greater than thirty percent 743 30%), pursuant to the provisions of Section 16A-4-50(d), a 744 detailed and dimensioned topographic plan shall be submitted 745 for review and approval by the Planning Director. The 746 drawings shall indicate the proposed methods and locations of 747 slope stabilization, erosion control, delineation fencing, tree 748 removal, adjacent property protection, staging, material 749 removal and excavation. 750 751 2. Plans submitted pursuant to Section 18-10.2(1)1 shall be 752 stamped with the seal of a professional geotechnical engineer 753 licensed in the State of Colorado. 754 755 n) Air Quality Control & Dust management. 756 757 1. A Fugitive Dust Control Plan shall be provided to address 758 methods by which dust migration will be kept to a minimum at 759 the project site. Control options established by the Colorado 760 Department of Public Health and Environment shall be 761 implemented in all areas of disturbed earth, including 762 temporary haul roads, material staging areas, and open 763 excavations. 764 765 i. Provide detailed descriptions of the methods and 766 frequency of application for on-site dust 767 suppression (watering and/or chemical' 17 768 applications) and street cleaning (sweeping and 769 watering) that will be used to minimize fugitive 770 dust arising from the project site and adjacent 771 roadways. 772 773 ii. Dumping and storage of loose materials shall be 774 kept to a minimum. If dumping and storage of 775 loose material is unavoidable, methods for 776 preventing dust migration and other airborne 777 matter from impacting surrounding areas shall 778 be described. Measures to ensure that these 779 methods will remain effective during times 780 when the site is unattended shall also be 781 described. 782 783 iii. Enhanced dust control measures shall be 784 described to address the following conditions: 785 786 a. Any event of visible dust migration off 787 of the project site; 788 789 b. Extreme weather and wind conditions; 790 791 c. Work in areas of direct exposure or 792 close proximity to the general public 793 and surrounding buildings; 794 795 d. Work in proximity to air intake vents 796 on adjacent building. Dust intake by 797 these vents must be prevented through 798 the installation of filters or other 799 approved measures. 800 801 2. PM-10 monitoring measures particulates important to public 802 health and safety. Allowable thresholds for this measurement 803 include a 24-hour average not to exceed 150 ug/m3 and an 804 annual average not to exceed 50 ug/m3. If required pursuant to 805 project approvals, or at the discretion of the Chief Building 806 Official, the Planning Director, or the Town's designated 807 Environmental Consultant, an Air Quality Monitoring Plan 808 shall be submitted for review and approval. 809 810 3. Should the approved dust control or air quality monitoring 811 methods prove to be inadequate during construction, the Town 812 shall have the authority to recommend alternate methods, cease 813 work until unacceptable conditions are corrected, take 18 814 appropriate enforcement actions, and/or perform the necessary 815 work at the permit holder's expense. 816 817 o) Site Grubbing,Tree Removal and Protection. 818 819 1. Areas of site grubbing and tree removals shall be clearly 820 shown. 821 822 2. Erosion control methods for these activities shall require prior 823 approval by the Town Engineer. 824 825 3. Prior approval by the Town's Public Works Director or Parks 826 and Recreation Director shall be required for removal and 827 replacement of trees located in the public right of way. 828 829 4. A Tree Preservation Plan, prepared by a Certified or 830 Consulting Arborist, may be required for trees that are to be 831 protected on site during construction 832 833 p) Construction Interruption Landscape Plan. 834 835 1. A Construction Interruption Landscape Plan shall be submitted 836 for each phase of construction, if required. The plan shall 837 describe plantings and screening that will be installed to 838 minimize visual impacts in the event that a period of twelve 839 12) consecutive months occur during which substantial 840 construction activities cease. 841 842 q) Site Retaining walls. 843 844 1. All freestanding and attached site earth retaining structures 845 shall be clearly shown with specific dimensions. Walls or 846 structures over (4) feet in total height shall be designed by a 847 professional engineer or architect licensed in the State of 848 Colorado and will require a building permit. 849 850 2. The Town's Planning Director shall review the final design and 851 height of any proposed retaining walls to ensure conformance 852 with project approvals and Town standards. 853 854 r) Off-site debris and excavated material disposal. 855 856 1. All materials removed from the site and transported to another 857 location shall be designated by type and final destination. 858 19 859 2. All materials removed from the site shall be properly secured 860 and covered prior to leaving the site. 861 862 s) Noise. 863 864 1. Construction activities which produce excessive noise or 865 vehicle activity are regulated pursuant to Code Section 18-3. 866 867 2. Activities that will involve excessive noise or vibration shall be 868 clearly detailed to the Town including anticipated decibel 869 levels, days and hours of operation, and methods of mitigation. 870 871 3. Portable generators: 872 873 is On-site utilization of portable generators shall 874 be clearly specified, including generator size, 875 fuel type, location and times of operation. 876 877 ii. A Noise Mitigation Plan may be required for 878 portable generators to ensure compliance with 879 Section 18-3 of this code. 880 881 4. Blasting: 882 883 i. Blasting shall not be allowed within the Town 884 without first obtaining the proper State and 885 Federal permits. 886 887 ii. A written approval for any blasting or explosive 888 works shall be required with signatures as 889 follows: Town Manager, Chief Building 890 Official, Fire Chief and Public Works director. 891 892 iii. Blasting or work related to avalanche control on 893 Snowmass Ski Area, conducted by the Aspen 894 Skiing Company, is exempt from this section. 895 896 iv. All blasting operations shall be conducted in 897 accordance with Chapter 33 of the International 898 Fire Code. 899 900 V. A Noise Mitigation Plan shall be required for 901 blasting. 902 903 904 20 905 5. Pile driving: 906 907 i. Drilled piers and driven piles are required to be 908 engineered by an architect or professional 909 engineer licensed in the State of Colorado. 910 911 ii. The proposed locations, diameters, and depths 912 of all piers or piles shall be clearly detailed on 913 the site plan. 914 915 iii. A Noise Mitigation Plan shall be required for 916 driven piles and drilled piers. 917 918 t) Wildlife Protection. 919 920 1. Locations and specifications for construction site refuse 921 containers shall be clearly detailed. Plans shall demonstrate 922 compliance with the Wildlife Protection provisions of Section 923 7-156. 924 925 2. Personal pets uncontained or unrestrained shall not be allowed 926 on construction sites. 927 928 u) Roadway impacts and right-of-way work. 929 930 1. Deliveries to and from the site shall be designated by route and 931 time of day. Material deliveries shall not impede the day-to- 932 day and special event functions of the Town. For major 933 material deliveries, pursuant to Section 18-10.2(a)4, work 934 outside of permitted work hours may be approved to satisfy the 935 requirements of this Section. 936 937 2. A Public Works Right-of-Way Permit or Road Cut Permit shall 938 be obtained prior to commencing any work within ten (10) feet 939 of a public right-of way (including sidewalks and trails) or 940 Town roadway. All work shall conform to the Town's Right of 941 Way Guidelines. 942 943 3. Safe pedestrian & bicycle trail connections shall be maintained 944 at all times throughout the Village. 945 946 4. The specific duration of work impacting a public right-of-way 947 including sidewalks and trails) or Town roadway shall be 948 clearly stipulated. 949 21 950 5. For work requiring a closure of any Town roadway, public 951 right-of-way, sidewalk or trail, a detailed plan and work 952 schedule shall be provided for Town Manager approval at least 953 14) days prior to the proposed closure. 954 955 6. The Town may require that alternate vehicle, bicycle and 956 pedestrian connections be made at the permit holder's expense. 957 958 v) Traffic Management. 959 960 1. A Traffic Management Plan is required for any work impacting 961 a public right-of-way (including sidewalks and trails) or Town 962 roadway. 963 964 2. The Traffic Management Plan shall address the following: 965 966 i. Location and extent of the proposed works. 967 968 ii. Staging areas. 969 970 iii. Schedule and duration of the proposed works. 971 972 iv. Site security and site safety measures. 973 974 V. Emergency access provisions. 975 976 vi. Impacts to fire protection facilities. 977 978 vii. Impacts to public transportation providers. 979 980 viii. Vehicle, bicycle and pedestrian circulation 981 impacts. 982 983 ix. Safety precautions. 984 985 X. Speed zones. 986 987 xi. Access points to the proposed work. 988 989 xii. Special traffic control devices. 990 991 xiii. Provisions for special events and holiday 992 periods. 993 22 994 3. An amended Traffic Management Plan may be submitted for 995 review and approval by the Chief Building Official if there is a 996 demonstrable need arising from: 997 998 i. A change in traffic conditions. 999 1000 ii. A change in land use in the vicinity. 1001 1002 iii. Amendments to the building design. 1003 1004 iv. A change in construction methodology. 1005 1006 V. A change in contractor or developer of the site. 1007 1008 w) Traffic control. 1009 1010 1. Other than for emergency responses, unanticipated road 1011 closures associated with construction activity will not be 1012 permitted. 1013 1014 2. Traffic control involving traffic delays and/or lane closures will 1015 be coordinated throughout the Town and managed on primary 1016 roadways to a maximum of: 1017 i. Two (2) five-minute stops during the shoulder 1018 seasons, and 1019 ii. No stops during Peak Seasons (Winter and 1020 Summer), Special Events, or Holidays, as such 1021 periods or days are defined annually by Council 1022 Resolution pursuant to Section 18-10.2(a)2. 1023 1024 3. In some instances, work requiring traffic delays and/or lane 1025 closures may be required, or may serve as a benefit to the 1026 community, to occur in excess of the limitations stipulated in 1027 Section 18-10.2(w)2. In these cases, a written request shall be 1028 submitted for review and approval by Council Resolution at 1029 least (21) days prior to the date of the proposed work. For 1030 emergency situations, and in order to account for other 1031 unforeseen circumstances, the Town Manager or Chief 1032 Building Official may approve work to occur in excess of these 1033 limitations at their discretion. 1034 1035 4. Contractors will be required to communicate and abide by 1036 clearly defined timeframes regarding the duration of right of 1037 way impacts. 1038 1039 23 1040 18-10.3 Preconstruction Meeting. 1041 1042 a) Following approval of a project's Construction Management Plan, and 1043 prior to the commencement of work, a preconstruction meeting shall be 1044 required. Required attendees for this meeting shall include, but not be 1045 limited to: 1046 1047 1. Owner or Owner's Representative 1048 1049 2. Architect 1050 1051 3. Superintendent 1052 1053 4. Major Subcontractors 1054 1055 5. Chief Building Official (or designee) 1056 1057 18-10.4 Enforcement, Penalty Assessments and Fines. 1058 1059 a) Enforcement. 1060 1061 1. Contractors and developers are expected to be acutely 1062 aware of the standards and regulations for Construction 1063 Management established by the Town of Snowmass 1064 Village. 1065 1066 2. The Town's Construction Coordinator, Chief Building 1067 Official, or any Building Inspector may complete random 1068 site visits to determine if construction activities are in 1069 compliance with the provisions of an approved 1070 Construction Management Plan and other Town 1071 regulations. 1072 1073 3. The Town of Snowmass Village will enforce construction 1074 management regulations as follows: 1075 1076 i. The first corrective action is a written Notice of 1077 Violation with timeframe for compliance. 1078 1,079 ii. If compliance is not achieved within the 1080 timeframe stipulated by the Notice of Violation, 1081 the second corrective action is a Stop Work 1082 Order (red tag). If a Stop Work Order is issued, 1083 no work is permitted to proceed upon the 1084 premises until the violation is corrected. 1085 24 1086 4. The Schedule of Penalty Assessments and Fines contained 1087 in Section 10-18.7(b) shall be applicable to any violation of 1088 a provision contained in an approved Construction 1089 Management Plan. Violations of other Town regulations 1090 are subject to the General penalty for violation pursuant to 1091 Section 1-72, or as otherwise provided in this Code. 1092 1093 5. At the discretion of the Chief Building Official, any 1094 violation of a provision contained in an approved 1095 Construction Management Plan shall be grounds for 1096 immediate stoppage of work and/or the assessment of fines 1097 pursuant to the Schedule described in Section 18-10.4(b). 1098 1099 6. If a fine is imposed for violation of a provision contained in 1100 an approved Construction Management Plan, payment of 1101 the fine shall be made within ten (10) days of the date of 1102 the Notice of Violation. At the discretion of the Chief 1103 Building Official, failure to pay the fine within ten (10) 1104 days shall be grounds for immediate stoppage of work. 1105 1106 b) Schedule. 1107 1108 The following is a Schedule of Penalty Assessments and Fines applicable 1109 to violations of provisions of an approved Construction Management Plan. 1110 Each day any violation of the provisions of an approved Construction 1111 Management Plan continues shall constitute a separate offense, unless 1112 otherwise provided. 1113 1114 Description Fine 1115 1116 Violation of any provision not involving work or 1117 impacts occurring within a public roadway, sidewalk 1118 or trail. 1119 1120 First Offense within 1 year 100 1121 Second Offense within 1 year 500 1122 Third Offense (and for each offense thereafter) 1123 within 1 year 1,000 1124 1125 Violation of any provision involving work or impacts 1126 occurring within a public roadway, sidewalk or trail. 1127 1128 First Offense within 1 year 1,000 1129 Second Offense within 1 year 5,000 1130 Third Offense(and for each offense thereafter) 1131 within 1 year 10,000 25 1132 1133 1134 Section Three: Effective Date. This Ordinance shall become effective on 1135 12007. 1136 1137 1138 Section Four: Severability. If any provision of this Ordinance or application hereof to 1139 any person or circumstance is held invalid, the invalidity shall not affect any other 1140 provision or application of this Ordinance which can be given effect without the invalid 1141 provision or application, and, to this end, the provisions of this Ordinance are severable. 1142 1143 1144 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 1145 Snowmass Village on the First Reading on August 6, 2007 upon a motion by Council 1146 Member the second of Council Member 1147 and upon a vote of in favor and opposed. 1148 1149 READ, APPROVED AND ADOPTED, by the Town Council of the town of 1150 Snowmass Village on Second Reading on 2007 upon a motion 1151 by Council Member the second of Council 1152 Member and upon a vote of in favor and opposed. 1153 1154 1155 1156 TOWN OF SNOWMASS VILLAGE 1157 1158 1159 1160 1161 Douglas Mercatoris, Mayor 1162 1163 1164 ATTEST: 1165 1166 1167 1168 1169 Rhonda Coxon, Town Clerk 1170 1171 1172 APPROVED AS TO FORM: 1173 1174 1175 1176 1177 John Dresser, Town Attorney 26 MEMORANDUM TO: Snowmass Village Town Council FROM: Jason Haber, Economic Resource Director DATE: August 6, 2007 SUBJECT: FIRST READING OF ORDINANCE NO. 13 SERIES OF 2007 - CONSTRUCTION MITIGATION FEE 1. PURPOSE AND ACTIONS REQUESTED OF COUNCIL A. To establish a revenue source to pay for costs associated with increased resource needs generated as a result of new residential and commercial development and construction activity. B. Approve the First Reading of Ordinance No. 13, Series of 2007, an Ordinance Amending Certain Provisions of the Snowmass Village Municipal Code- Establishing a Construction Mitigation Fee. 11. DISCUSSION On June 4, 2007, staff presented a Manager's Report to Council identifying costs associated with implementing the Town's Construction Coordination and Impact Mitigation Plan, In 2007, costs of approximately$275,000 are anticipated for equipment purchases, staffing, and other resource needs (i.e., Construction Coordinator Position and Construction Information Initiatives). Ordinance No. 13, Series of 2007, is presented in response to Council's direction that staff proceed with the necessary steps to establish a Construction Mitigation Fee to generate revenues to pay for the new costs identified above. The proposed ordinance would establish a fee of$1.00 (ONE DOLLAR)per square foot for development projects resulting in new floor area. The proposed fee would apply to all building development resulting in new floor area, including: demo/rebuilds, commercial and mixed-use, single-family and multi-family residential, as well as affordable housing, and other public Town projects. Payment would be required prior to building permit issuance, and collected revenues would be used to pay for costs generated as a result of new residential and commercial development. No fee would be required for projects without new floor area. As such, residential remodels, tenant improvements, utility projects, or other right of way work would not be subject to the fee. Staff believes that the incremental costs associated with this type of development would be absorbed and accommodated under the proposed formula. Furthermore, since the most impactful right of way work is typically associated with new building development, staff believes that the proposed fee formula would be fair and equitable in its proposed application. Program expenses are anticipated to increase or decrease annually, depending on the amount of development activity and right of way work occurring in a given year. However, staff has conservatively budgeted for annual escalation of 5%in these costs over the next 5 years (see attached spreadsheet). An annual review of revenue and expense projections will be required to ensure that an appropriate fee structure remains in place. Based upon currently projected costs and development activity levels, the fee, as proposed, is expected to generate the revenue necessary to pay for the new costs anticipated (including escalation) over the next several years. As part of this discussion, staff recommends that Council provide feedback concerning the applicability of this fee to the following project types: Single-family(low density) residential development Public Affordable Housing Mitigation Affordable Housing Public Capital Projects Major Residential Remodels III. NEXT STEPS If Council approves the First Reading of Ordinance No. 13, the item would be placed on the August 20, 2007 agenda for Second Reading. The stipulated fees would become effective 15 days after Council's approval at Second Reading. Annual Development Activity, Right of Way Improvements, Revenue and Expense Projections for the Town of Snowmass Village Construction Mitigation Fee Anticipated Develo ent Projects IZ 2008 am NH W- 1 2012 2013- 201 Project Sq. Ft. Project Sq. Ft. Project Sq. Ft. Project Sq. Ft. Project Sq. Ft. Project Sq. Ft. Project Sq. Ft. Single Family 50, 000 Single Family 50, 000 Single Family 50, 000 Single Family 50, 000 Single Family 50, 000 Single Family 50, 000 Single Family 50, 000 Gymnasium 10, 000 Sam' s Knob Restaurant 10, 000 T nos ill 50, 000 Upper Draw Housing 60, 000 Base Village 10AB 118, 570 Base Vilage 12 57, 445 West Village 70, 000 Base Village 13A 196, 489 Rodeo Housing Ph 2 23, 000 Base Village 5 98, 129 Base Village 11 64, 220 Snowmass Center 70, 000 Snowmass Center 70, 000 TOTAL( Par year) 120, 000 Base Village 13B 78, 800 Base Village 4AB 12, 592 Base Village 9AB 1, 478 Base Village Aqua Ctr. 3, 500 Wei 70, 000 West Village 70. 000 Rodeo Housing Phase 1 25, 000 Base Village 6 16, 957 Base Village 9C 1, 034 Snowmass Center 70, 000 TOTAL 308, 570 TOTAL 247, 448 Club Commons ll 40, 000 Base Village? 27, 927 Fanny Hill Cabins 24, 425 West vl1a5e 70, 000 Smclav Meadows 80, 000 Base Village 92, 791 Snowmass Center 70, 000 TOTAL 317, 720 TOTAL 480, 289 Snowmass Chapel 18, 000 TOTAL 298, 06E TOTAL 251, 267 Anticipated ROW Improvements Upper 8 Lower Wood Rtl. Carriageway Gaf Section(?, Carriageway Gap Section( 7i Owtlemsh Roundabout Elbert Lane Snowmelt Rtl. Realignment Brush Ck Rd. Enhance Brush Creek Rd. Woodl& usb Roundabout(? I WoodlBrush Rountlabout(?) Wood Road ROW Daly Lane Entryway Owt Creek Rd. Bus Shelters Mall Transit Center Carriageway Snowmass Center Access Upper Kearns Rtl. Stream Restoration 7 Slar Boulevard Brush Ck. Bridge Average Annual Review Projections 2007 throe in2012 2007 480, 289 2008 251, 267 2009 295. 066 2010 317, 720 2011 308, 570 2012 247, 445 Annual Average $ 316, 726 Average Annual Eanense Pro jeMions 5% annual escalation 2007 through 2013 2007 275, 000 2008 288, 750 2009 303, 188 2010 318, 347 2011 334, 264 2012 350, 977 Annual Average $ 311, 754 TOWN OF SNOWMASS VILLAGE TOWN COUNCIL ORDINANCE NO. 13 SERIES OF 2007 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE SNOWMASS VILLAGE MUNICIPAL CODE—ESTABLISHING A CONSTRUCTION MITIGATION FEE. WHEREAS, the Town Council is required to adopt a Municipal Code in accordance with Section 1.6 of the Home Rule Charter; and WHEREAS, the Town Council has reviewed proposed amendments to the Municipal Code presented by the Town Staff and the Town Attorney; and WHEREAS, the Town Council has determined that the amendments and revisions to the Municipal Code as hereinafter set forth are necessary for the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Snowmass Village, Colorado, as follows: 1. That Chapter 4 of the Snowmass Village Municipal Code is hereby amended by adding a section, which section reads as follows: a. Section 443.Allocation of Construction Mitigation Fees: The fees paid and collected under Chapter 18, Section 18-42(g)l, and by virtue of this subsection, shall be used to pay for costs generated as a result of new development and construction activity. These fees shall be allocated to pay for each new development's equitable share of the costs of planning, maintenance, management, repair, improvement, renewal,replacement, reconstruction, advertising, and all other items incidental to the operation ofthe Town's Construction Coordination and Impact Mitigation Program. The cost of employing(or contracting with)a Construction Coordinator, and any costs associated therewith shall be paid for with revenue generated by these fees. The implementation of a Town-wide Construction Information Initiative shall also be funded with revenue generated by these fees. Finally, the fees collected may be used to pay for a proportionate share of the costs of accounting,planning, management, administration and general government of the Town. 2. That Chapter 18 of the Snowmass Village Municipal Code is hereby amended by adding a section, which section reads as follows: a. Section 18-42(g)l. Construction Mitigation Fees: In addition to the other fees set forth in this section, a Construction Mitigation Fee shall be charged in accordance with the following schedule, which shall be due and payable at the time of issuance of a Building Permit. Ordinance No. 13, Series of 2007 Page 2 Assessment Rate Type of Structure per SF of Floor Area Single Family or Multiple Family Residential 1.00 Mixed-Use and Commercial 1.00 Public Facilities and Affordable Housing 1.00 This fee will be imposed for new construction and for floor area added to existing construction. The measurement of floor areas for the purpose of this Section shall be the same as measuring floor area for Floor Area Ratio as defined in Chapter 16A of the TOSV Municipal Code. 3. Severabilitv. If any provision of this Ordinance or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Ordinance which can be given effect without the invalid provision or application, and, to this end, the provisions ofthis Ordinance are severable. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on First Reading on August 6, 2007 upon a motion by Council Member the second of Council Member and upon a vote of_in favor and_against. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on Second Reading on 2007 upon a motion by Council Member the second of Council Member and upon a vote of_in favor and_against. TOWN OF SNOW-MASS VILLAGE Douglas Mercatoris, Mayor ATTEST: Rhonda Coxon,Town Clerk APPROVED AS TO FORM: John Dresser, Town Attorney MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: August 6, 2007 SUBJECT: CONTINUATION OF PUBLIC HEARING AND DISCUSSION — SAM'S KNOB RESTAURANT: SPECIAL REVIEW APPLICATION FOR THE SNOWMASS MOUNTAIN SAM'S KNOB REPLACEMENT RESTAURANT AND OTHER INTERIM ANCILLARY FACILITIES ON SAM'S KNOB. This particular application is a Special Review application pursuant to Section 16A-5-230, Special review, of the Town of Snowmass Village Land Use and Development Code, to construct a replacement Sam's Knob restaurant, located on the summit of Sam's Knob on Snowmass Mountain (reference metes and bounds legal description of the property in Ordinance No. 2, Series of 2005 ("Ordinance 2"), as needed). Applicant: Aspen Skiing Company Project Manager/Planner: Chris Kiley Company Planning Director: David Corbin Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to: 1. Review the proposed changes to the application by the Applicant involving, a. reduction of back of house circulation space, b. elimination of the previously proposed caretaker unit, c. expansion of the deck area, and d. redesign of the snowcat screening wall; 2. Determine if such changes warrant the re-review by the Planning Commission; 3. If a remand of the project or amendments thereto to the Planning Commission are deemed unnecessary, then review the application as amended, including the core issues, to determine the findings and conditions for a subsequent resolution or ordinance action; Among the core issue described in Section V of this report, Staff believes the primary issues are: Facility usages, program and operations Employee housing 1 Building design and orientation Ridgeline protection Grading changes and 30% slope impacts Re-vegetation and landscape plan Fire protection Wildlife matters Compliance with Zoning regulations (e.g., for ancillary facilities); and 4. Determine if approximately one-half of the proposed deck could be constructed on 30% slopes, which eventually requires super-majority vote by Council via an ordinance. II. SUMMARY OF DESCRIPTION OF PROJECT. The Applicant has submitted an addendum application notebook dated July 2007 see separate handout) to the initial Special Review application submitted last January 2007 (reference as needed) for purposes of explaining the latest proposed modifications. See the cover letter in the addendum notebook for a description of the proposed changes, included edited text and a comparative analysis matrix. Below is a short summary of the current proposal: Replacement restaurant building size: Decreased from approximately 9,900 to 8,800 square feet. Indoor seating: 150 seats in roughly 2,200 square feet remains the same. Outdoor seating: 50 seats on a new deck of approximately 850 square feet that encroaches into an existing 30% slope area remains the same, but shape changed from circular to rectangular orientation, plus an additional deck area of approximately 575 square feet was added for public picnic lunches. Indoor coffee bar: Approximately 700 square feet with an additional seating area remains the same. Public restrooms: The area for the restrooms remains the same, but the number of bathroom fixtures has been increased. Kitchen/back-of-house/shipping/receiving dock: This area has been decreased in size from approximately 3,700 to 2,200 square feet. Caretaker unit: The previously proposed two-bedroom unit of 900 square feet is now proposed for elimination. A potential future expansion of up to 75- seats is now envisioned for this area. Landscape plan: The latest planting plan shows the removal of 10 trees from the previous plan that was accepted by the Town's Landscape Architect and the Planning Commission. The trees that are now missing were shown in front of the screen wall. The screen wall design is being modified. III. BACKGROUND Please reference as needed the history of the project and review process in the accompanying Snowmass Mountain Minor PUD Amendment application. 2 IV. APPLICABLE REGULATIONS Municipal Code review criteria which regulate the review and approval of a Special Review application include Municipal Code Section 16A-5-230(e), Review Standards, including reference to Article IV, Development Evaluation Standards, of the Land Use and Development Code. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS Core issues: 1. Facility usages, program and operations: Is the operation of the facility, such as the proposed sit-down, quick-serve restaurant versus a cafeteria-style restaurant open to the general public, acceptable? Is the currently proposed future expansion area for up to 75 seats seem acceptable within the area Previously proposed for the caretaker residence? If there is a combined hourly capacity of over 4,200 skiers for both the Sam's Knob Express and Village Express lifts, Staff would advise that no opportunities remain unturned for the proposed replacement restaurant given the world-class, prominent site with its spectacular views. Discussions could occur concerning the adequacy of the usages, program and operations for the facility, such as incorporating either or both cafeteria style and sit-down restaurants open to the general public similar to Alpine Springs, a bar area, a fireplace and sitting area, a ski patrol facility, concierge/ski school desk, soft goods concession area, expanded terraced decks, outdoor barbeque/bar, et cetera, similar to the Sundeck restaurant example on Aspen Mountain. 2. Employee housing: Has the Applicant acceptably met the employee housing standards under the Code? Employee housing mitigation was calculated for all facilities and operations that were approved in the Snowmass Mountain Amendment via Ordinance No. 2, Series of 2005, which calculated to 8,360 square feet including mitigation requirements from past ordinance approvals. The caretaker unit in the old restaurant building was not considered mitigation housing. Employee housing would not be triggered by the replacement restaurant, if it is interpreted that such restaurant replaces the previous restaurant demolished two years ago, as agreed and committed by the Applicant via Ordinance No. 2, Series of 2005. Per the Code, the 115% redevelopment credit is applied to existing development for proposed redevelopment projects on the same site. This credit was applied to the demolished facility since the Applicant previously agreed to replace it within a specified time period. Utilizing the redevelopment credit, the formula calculated to no employee housing required, because the previous restaurant was larger than the proposed replacement restaurant using such calculation method; although the exact square footage was not known, it did appear larger (being two stories) than the currently proposed replacement restaurant. However, if the Applicant is now proposing a potential future expansion for up to 75 additional seats, then such expansion should be calculated to determine 3 the employee housing requirement based upon restricted housing requirements in effect at the time of such application. 3. Ancillary facilities. Does the Council find acceptable the proposed conditions map (Tab 5 of the addendum notebook of July 2007) for the 08/09 and 09/10 winter seasons? There are a number of ancillary facilities on Sam's Knob, including a patrol facility and a metal trailer and what appears to be the relocation/removal of the shelter and information booth previously from the top of the Coney Glade lift to another location. They were on the Sam's Knob summit the past two ski seasons. However, the PUD Guide in Ordinance No. 2, Series of 2005, requires an amendment to the PUD and/or Special Review, as these items were not previously submitted for review by the Town in February 2005. These ancillary structures were also not a part of the existing inventory taken at that time. The Applicant previously amended to the Special Review application to include the temporary trailer location for the ski patrol. 4. Building design and orientation: Does the proposed building design comply with the Code's building design guidelines related to mass and scale, design articulation, human scale, building materials of an authentic and indigenous nature? Are the material/color samples, including the proposed roofing treatment, acceptable? Is the building orientation acceptable as far as certain mountain views are concerned? The Rocky Mountain Region of the USFS (which includes the White River National Forest district) has recently adopted a set of design guidelines that set forth an intent that all buildings constructed on USFS land adopt a consistent rustic/mountain look or pursuant to their Built Environment Image Guide (BEIG). 5. Ridgeline protection: Is the restaurant building and its heights positioned and set back from the fall lines along Sam's Knob in such a way that it meets the criteria under Municipal Code Section 16A-4-50(f), Ridgeline Protection Areas? The Applicant has demonstrated view sight lines from the Snowmass Creek area in Section 8 of the original application notebook dated January 2007. However, the real test is measured pursuant to the criteria in the Code, summarized below. According to the Code Section referenced above, "ridgeline protection areas' are those lands that are visible from Brush Creek Road, Owl Creek Road or the Town Community Park and are at the crest or highest elevation of a ridge or hillside, or are within fifty (50) feet of elevation, measured vertically, from the crest of a ridge or hillside. These lands frame the natural mountain setting within the Town and include lands outside the Town boundary. It is the intent of the Town to ensure that the mountaintops surrounding Snowmass Village retain their natural appearance by preventing structures from being built at or near the crest of a ridge or hillside." 4 Further in Subsection (2) of the Code reference, `no development of new structures shall be designed or located within a ridgeline protection area in such a way that it will appear to penetrate above the crest of a ridgeline protection area as seen from Brush Creek Road, Owl Creek Road or the Town Community Park when viewed from within the park or road surface edge at a height of five 5) feet. In addition, any existing structure that is located within a ridgeline protection area that is demolished may only be rebuilt if its design complies with the standards of this Subsection (f)." The northeast corner of the proposed restaurant building at 18 feet in height is situated roughly 50 feet from the fall line along the north face of Sam's Knob toward the general direction of Base Village or the Village Express lift alignment. This represents a view angle from the fall line of approximately 32 degrees. The 35-foot ridge height for the building sits roughly 120 feet from the fall line, which represents a view angle from the fall line of approximately 26 degrees. For a worse-case measurement or view angle from the Town's community park, Sam's Knob is at an elevation of roughly 10,606 feet and the community park is at an elevation of approximately 7,900 feet and located (as the bird flies) approximately 19,500 feet from the summit of Sam's Knob. Therefore, the degree of the view angle is much shallower from the community park at approximately 8 degrees than it would be from the fall line at the top of Sam's Knob to the restaurant building at roughly 25 to 35 degrees. As a result, the north portion of the new restaurant building might be visible from the community park. On the other hand, the trees near to top of Sam's Knob may assist in obscuring the building. It probably won't be any more visible than the ski lift terminal structures on Sam's Knob. As it relates to the ridgeline issue, the application also states that, 'the only exterior lighting is service-oriented and will be down-directional and contained so as to shield the emanation of any exterior light. The supplemental materials received February 20, 2007 state that, 'the only exterior lighting on the building will be down lights at the building entrances and a service light at the loading dock area, or other exterior lights as required by Code. These lights will be downward facing and opaquely shielded." 6. Storm drainage and grading: Are the grading and drainage clans adequate? The proposed re-grading appears to cut into a small knoll on the north side of the proposed restaurant site and more significantly into the existing knoll on the south end, removing a portion of the 16-foot high knoll and transitioning the grade to accommodate the outdoor deck that would impact 30% slopes. The existing knoll is a result of the grading work on Sam's Knob in 2005 when the summit was lowered approximately 16 feet to accommodate the Village Express lift line and terminal structures. The proposed grading changes will likely open the views to the west around the south end of the proposed restaurant. The re- grading may impact existing trees in the area, but the extent of the impact is not described in significant detail in the original application materials. See the attached comments dated March 14, 2007 from the Town's engineering consultant firm. Also reference the previous comments from the Town's 5 Landscape Architect dated March 5, 2007, which were previously satisfactorily addressed by the Applicant. 7. 30% slope impacts: Has the application complied with the Municipal Code criteria related to development on 30%slopes? The application proposes encroachment of the restaurant deck into a 30% slope area beyond the existing 16-foot high knoll, next to the existing ski patrol trailer, on the south end of Sam's Knob. The previous existing restaurant and deck location did not impact this area. See the comments dated March 14, 2007 from the Town's engineering consultant firm. Also see the letter dated February 28, 2007 from the Applicant's geotechnical engineer stating their justification for compliance with Code criteria concerning development in 30%slopes. 8. Re-vegetation and landscape plan: Is the proposed planting and reyegetatlon plan acceptable? The Applicant resubmitted a planting plan in March 2007 that was acceptable to the Town's Landscape Architect and the Planning Commission. However, the revised plan in the current addendum application of July 2007 shows the deletion of 10 trees in front of the screen wall for the snowcat/storage/loading dock area. The current erosion control plan indicates that "revegetation shall occur per the vegetative/landscape plan." 9. Outdoor Storage: Is the proposed outdoor storage acceptably concealed? The Applicant has further explained that the outdoor storage will be within a somewhat enclosed, unheated space together with a loading dock for snowcat deliveries that will be screened by a wall along the front fagade of the building. The Applicant has explained in previous correspondence dated February 20, 2007 that the outdoor storage will be contained in these areas. The only other outdoor storage spaces planned for the restaurant are the ski racks. The design of the screen wall for the outdoor storage spaces is now proposed for modification with the addendum application dated July 2007. 10. Fire protection: Has the Applicant sufficiently addressed the criteria concerning the adequacy of fire protection? The application was referred to the Snowmass-Wildcat Fire Protection District and to the Colorado State Forest Service (CSFS) as required by the Code. The attached letter dated February 22, 2007 from the Snowmass-Wildcat Fire Protection District indicates that the Sam's Knob area is not within their district, but they have recommended certain items as conditions for approval. Staff also understood from the District that Sam's Knob might not be within the Aspen Fire Protection District either. As of the writing of this report, Staff has not received comments from the CSFS. Pursuant to Municipal Code Section 16A-4-230, Fire Protection, "CSFS shall review the application and determine whether there is a low, moderate or high degree of wildfire hazard posed to persons and property. CSFS shall consider the proposed design of the development (including the planned roads and 6 water supply facilities), the topography of the site, the types and density of vegetation present, the fire protection measures proposed by the applicant and other related factors in making its determination." The Applicant acknowledged that a fire sprinkler system would be installed in the replacement facility to be served by a fire suppression tank under the outdoor deck, a pump off the domestic water line, or similar devices, which seems appropriate. The Applicant acknowledged that the fire suppression tank, proposed to be placed under the new deck if utilized, would need to be calculated for acceptable capacity in order to capably serve the proposed fire sprinkler system. 11. Utilities: Has the Applicant sufficiently addressed this criterion concerninq the adequacy of water and sanitary sewer services? A referral was sent to the Snowmass Water and Sanitation District, but staff has not received a written response. Water service would be provided by generally the same on-mountain service that currently supplied the previous restaurant. Sewer service would be tied to the existing on-mountain sewer main connected to the Snowmass Water and Sanitation District treatment facilities. 12. Wildlife issues: Are the wildlife concerns adequately mitigated? The application is correct in stating that the Sam's Knob area is not located in a sensitive wildlife habitat area. Also see the attached comments dated February 27, 2007 from the Colorado Division of Wildlife. 13. Construction Management: Are the impacts from construction adequately mitigation and are the extended hours for construction acceptable? A comprehensive construction management plan (CMP) was submitted for the entire mountain in 2004/05 with the PUD Amendment. However, with this application, the Applicant has submitted a separate CMP (see Section 10 of the original application notebook). Per Staff's request, the Applicant has since provided a plan showing the construction staging area per supplemental materials dated February 20, 2007. The Applicant has also requested an extension of the construction hours from 7:00 a.m. to 7:00 p.m. outside of the Municipal Code's specified hours of 7:00 a.m. to 6:00 p.m. See the attached comments dated March 5, 2007 from Pitkin County. 14. Energy conservation: Are there any energy conservation concerns that Council would like addressed? The building design appears to incorporate some passive-solar techniques. Shadow impacts will be negligible. With the supplemental revision to the application dated July 2007, the Applicant now intends to pursue LEED certification (Leadership in Energy and Environmental Design). 7 See the Applicant's response to each of the Planning Commission recommendations in Tab 8 of the addendum application dated July 2007. VI, OTHER HEADINGS RELATED TO THE TOPICS Attachments: 1. Referral agency comments from the Town's engineering consultant, Town's Landscape Architect, Pitkin County, CDOW, and USFS. 2. Applicant's geotechnical letter dated February 28, 2007. Separate handout: Addendum application notebook with revisions dated July 2007. Previouslv issued original application notebook (i.e., for the initial April 16, 2007 meeting): Reference notebook dated January 2007, as needed. VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS 1. Facility usages, program and operations: Council should determine if the proposed future 75-seat dining room addition might be acceptable where the previously proposed caretaker residence was initially proposed, subject to an Administrative Special Review application or other application type for review and approval by the Planning Director or the Town Council. 2. Employee housing: Staff suspects that it still might be legitimate to give the Applicant a redevelopment credit for the previous demolished restaurant since the Applicant agreed in 2005 to replace such restaurant, despite the Applicant's current request to extend the deadline to complete the facility. However, Staff recommends as a condition that if the Applicant is now proposing a possible expansion for up to 75 additional seats within the space previously proposed for a caretaker residence, then such expansion should be calculated to determine the employee housing requirement based upon the restricted housing requirements in effect at the time of such application. 3. Ancillary facilities: Council should indicate whether they are comfortable with the proposed conditions map (Tab 5 of the addendum notebook of July 2007) for the 08/09 and 09/10 winter seasons. A Special Review application would be required for the permanent ski patrol facility. Staff believes that locating facilities such as these in metal trailers may not be conducive to the Town's aspiration statements, the quality Aspen/Snowmass experience and a world-class ski mountain like Snowmass. 4. Building design and orientation: Staff really has no objections to the USFS design comments except that the picture windows overlooking the mountain backdrop from the interior should be unobstructed as much as possible with the least amount of multi-paned windows, mullions and columns. The multi-paned windows on the west would not be visible to public view from the exterior. Also, if the rooftop mechanical units are mounted to a maximum height of 6-feet from the roofline, then a portion of these units might be visible from around the 8 Sam's Knob area. If that is the case, then the units should at minimum be primed and painted to match or blend in with the roof color. The Planning Commission had similar recommendations, and staff suggests incorporating them as conditions in Council's resolution. 5. Ridgeline protection. The new restaurant building is one-story, versus the previous two-story building, and incorporates a pitched roof with an elongated ridge versus the flat roof on the previous restaurant. Staff believes the roof form with its elongated ridge adequately compliments the flat terrain of Sam's Knob, but at the same time the roof pitch compliments the mountainous ridgelines in the vicinity of Sam's Knob. View simulations taken from the Town would likely assist the Council in determining whether the proposal complies with the Municipal Code's ridgeline protection criteria, if desired. On the other hand, the Municipal Code does not specify where along Brush Creek Road or Owl Creek Road to evaluate the views to the ridgeline. If desired, the location for any view simulation should be specified. Related to the ridgeline issue, details of the exterior lighting should be reviewed by the Chief Building Official for conformance with the lighting ordinance prior to issuance of a building permit. Even though interior lighting is not regulated by the land use code, Staff believes that there should be no ceiling lights installed, and wall-mounted lights should be directed upward. Planning Commission has similar recommendations, which should be incorporated as conditions with Council's final decision. 6. Drainage and grading changes: Staff recommends incorporating the related Planning Commission recommendations concerning grading as conditions. See Tab 8 of the addendum application notebook dated July 2007. 7. 30% slope impacts: Staff recommends incorporating the related Planning Commission recommendations concerning 30% slope impacts as conditions. See Tab 8 of the addendum application notebook dated July 2007. 8. Re-vegetation and landscape plan: The Applicant should revise the planting plan to match what was previously submitted and accepted in March 2005 by the Town's Landscape Architect and the Planning Commission. Staff recommends that Council implement the Planning Commission's recommendations concerning revegetation as conditions. 9. Outdoor Storage: See the comments above regarding landscape screening. 10. Fire protection: Pursuant to the Snowmass-Wildcat Fire Protection District, the following items should be conditions of approval: The installation of an automatic fire extinguishing system to be installed in buildings greater than 5,000 square feet (TOSV Section 18-122(h)); and Installation of a fully addressable fire alarm system. 9 11. Utilities: Line capacity issues should not be a problem because the new restaurant is smaller in size than the old one with similar facilities. It appears as though the domestic water supply would be served by on-mountain water storage facilities, which seems acceptable since the old restaurant was serviced similarly. 12. Wildlife issues: Staff recommends incorporating the Planning Commission recommendations, as applicable to the project revisions related to mitigating wildlife impacts, as conditions. 13. Construction Management: Staff does not necessarily recommend against the request for construction hours from 7:00 a.m. to 7:00 p.m. since the site is located far away from residential neighborhoods. However, construction traffic and deliveries to the site should cease after 6:00 p.m.. The Planning Commission had a similar recommendation. 14. Energy conservation: The Applicant should better explain what is performed or meant by commissioning the mechanical systems upon occupancy to optimize performance. Vlll. NEXT STEPS Next Steps include: Close the public hearing to allow a remand of the application revisions for Planning Commission review, if deemed necessary; or If the application is not remanded to Planning Commission, continue the public hearing to August 20, 2007 to carry forward the review of the core issues and/or to consider a resolution for the Special Review application and an ordinance for the proposed development on 30% slopes. 10 ATTACHMENT 1 Referral agency comments from the Town's engineering consultant, Town's Landscape Architect, Pitkin County, CDOW, and USFS. rte lac igllt Snowmass-Wildcat Fire Protection District P.O. Box 6436 Snowmass Village, Colorado 81615 970-923-2212 ph o 970-923-2224 fox 2-22-07 To:Jim Wahlstrom, Senior Planner llMCEYVEID From: John T. Mete, Fire Marshal FEB 2 7 1007 Snowmass VillageSubject: Sam's Knob Restaurant Special Review Application Community Development The Sam's Knob Restaurant location is remote and inaccessible for fire suppression apparatus during much of the year. During the summer months a timely response for structure protection is not practical. It is our understanding that the Sam's Knob Restaurant is located within the Town of Snowmass Village. However, it is not within the legal boundaries established for the Snowmass-Wildcat Fire Protection District. This is the case for most of the on-mountain establishments within the Snowmass Ski Area. In any case, be assured that we will respond to the best of our capabilities should an emergency occur. We support the Town of Snowmass Village Municipal Codes that requires an automatic fire extinguishing system to be installed in all buildings greater than 5,000 square feet. TOSV Section 18-122 (h)) We believe even more so,that due to the lack ofreliable accessibility to the Sam's Knob site that this particular code should be strictly enforced for fire and life safety. We have been working with the Aspen Ski Company, in the preliminary stages, for the installation of an automatic fire suppression system for the new restaurant building. In addition, a fully addressable fire alarm system would be required to alert occupants with an early warning to evacuate should an emergency situation occur. I have not received any plans for review for either the fire suppression system or the fire alarm system to date but understand they will be submitted for review before issuance of a Building Permit. We will complete a full inspection and testing of fire systems prior to the issuance of a Certificate of Occupancy. Rd razy09d ONOY T- KI 0 an, D. 4W mKRd re d rang 0 OV41 Cre c Rd 0 FEB 2 7 2007 1 Snowmass village ommunKy Development Snowrylass Fire District 0123 0,15 05 on I aw)4 1 Agency Referral Review Report for Sam's Knob Restaurant located at Parcel C,Faraway Ranch Subdivision Pitkin County,Colorado Prepared for: Jim Wahlstrom, Community Development Department Town of Snowmass Village March 14, 2007 SE Job#26154.02 RECIEIVEiD MAR 14 2007 Snowiness Village community Development SOPRIS ENGINEERING • iLO civil consultants 502 Main Street - Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Jim Wahlstrom, Senior Planner Town of Snowmass Village P.O. Box 5010 Snowmass Village, Colorado 81615 Reference: Sam's Knob Restaurant Project—Agency Referral Review SE Job Number 26154.02 Dear Jim: We have reviewed the Sam's Knob Restaurant Project as your referral agency, and we have prepared the following Engineer's Review Report at your request. The Town of Snowmass Village applicable site engineering standards were used as the basis for evaluation of the proposed site improvements. Generally, we find the site suitable for the proposed restaurant project and we have expressed a few concerns for the applicant to address. Please contact Nick Adeh at Sopris Engineering, LLC if you have any questions regarding this application. Respectfully Submitted, Yancy Nichol, P.E. Nick Adch, P.E. Principal Project Manager/Leader RECIERVEID MAR 14 2007 Snowmass Village Community Development Soms ENGINEERING • LLC civil consultants 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Table of Contents I Location and Description II Site Review and General comments III Compliance response and recommendations IV Recommendations RECIEgVED MAR 14 2007 Srwtrmass Uilage CarrlmuMyy Development SOPRIS ENGINEERING • LLC civil consultants 502 Main Street - Suite A3 • Carbondale, CO 81623 (970) 704-0311 • Fax (970) 704-0313 I.Location and Description The proposed project site is located in the Snowmass Ski Area, Pitkin County, Colorado. The existing surface is vegetated with native species and occasional grass patches; and surface runoff is primarily from the building platform towards the down slopes in all directions as shown in the site plan. II. Site Review and General Comments The proposed site designs are adequately fulfilling the requirements of development governed by certain Town codes. This letter provides an analysis of site plans and recommendations for additional enhancements in order to provide sustainable site improvements. Existing Conditions Based on information provided to us, we concluded that sections of the natural site slopes have been modified prior to the application for the prior restaurant envelop. The natural slopes were altered from the existing grade line slopes to provide a service road cut and the variations in vegetated ground cover. The existing site conditions contain a previously graded building envelop transitioning to natural slopes. Developed Conditions The proposed new restaurant site offers a roof drainage collection and discharge to existing down slopes. The conveyance and discharge components of this drainage system are simply a collection pipe to daylight. III. Compliance Response and Recommendations The following review comments are based on the current Town of Snowmass Village municipal code section 16A-4-50 (Geologic Hazards, Steep Slopes), and section 16A-4-320 (Landscaping, Grading, Other Design Standards): Development on Slopes greater than 30% 1. While the building footprint is planned on gentle slopes, about one third of the proposed on-site fire suppression tank platform and the outdoor dining area above it rests on slopes much greater than 30%. Significant base ground treatment and toe stabilization will be needed to ensure long-term performance ofthese improvements which include the water tank with full load and the occupants in the outdoor dining area above it. 2. The site plans in the submittal package indicate much slopes greater than 30%outside of the building envelope. These slopes will have to remain undisturbed provided that the proposed improvements' load will not lead to slope failures. 1MCIEWEID MAR 14 2007 snowmass VIPage COanmunity QevvGpms,,ItSomaENGINEERING • PLC civil consultants 502 Main Street - Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 IV Recommendations The proposed restaurant project layout, with reference to site conditions disclosed on the site plan, meets the criteria of site development practices. The following recommendat y} y intended to refine some minor issues with regard to drainage, erosion control and i.1GJt V l connections. BAR 14 2007 Primary Utilities varass 1/i: Water. The building will be served by an existing 2" diameter water service line rolr Th ''il5ubfi t4 t water system (Snowmass Water and Sanitation District). Wastewater. A 4" diameter service line is proposed for the new building; but however, given the uses proposed for this development,the future service line may need to be upgraded to a 6" service line instead. According to the Site plan provided by the site designer, an existing Snowmass Water and Sanitation District's 8" sanitary sewer main comes up to the building and may penetrating under the footers and foundation. This could be a drafting error and needs correction,but if it is not, a section ofthis line will have to be removed to accommodate the building footers and foundation. The end of this sewer main must be capped with a water-tight plug. Dry Utilities: Site plan indicates that underground electricity and natural gas utilities are available for this site. Telephone and CATV services will have to be extended to this parcel. Drainage: Mitigation of drainage waters and soil erosion activities relative to site development practices must allow for several concurrent measures for this project. Those measures will need to be reflected in the development plans. The topographical challenges within the areas surrounding this property, including the nearby slopes, allow only certain best management practice (BMP) categories to apply to this site. These categories are primarily grouped for two stages of the development, Construction Phase and Post-construction Phase, with the main emphasis on soil erosion and sediment transport. It is our opinion that the following BMPs would function adequately if installed, operated and maintained properly. We have listed them in the following categorical order: a) Erosion and Sediment Control Due to significant slopes surrounding this parcel, a two tiered erosion and sediment control plan will address the surface runoff and soil erosions. This two-tiered plan is explained below: Temporary Erosion Control During the Construction Phase This phase of the project will undergo various erosions resulting from uncovered ground, sediment transport triggered by surface runoff, and rainfalls. The developer must install the following BMPs: 1. An embedded silt fence around the disturbed soils and especially in the low receiving ends of slopes. 2. Immediately following the clearing and grubbing, lot grading, and prior to any construction work, the developer must construct temporary sediment pits along the drainage swales in order to collect sediments and stop them ftom spreading. Soms ENGINEERING • LLO civic consultants 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 Permanent Post-Construction Erosion Control 1. Final construction stages of work must immediately follow a complete surface stabilization to permanently treat the grounds that will remain open space to avoid long-term soil erosion. 2. All concentrated discharges, including roof drain daylight point, must be treated with riprap and geofabric liner for erosion control purposes. RECinvim MAR 14 2007 Snowiness Village Community Development SOPRIS ENGINEERING • LLC civil consultants 502 Main Street - Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 bluegreen 390 acwl, spro-q st I s,4, 202 den, c.du:.x:o 81611 t in 429 1499 1 f vo 429 9499 to Jim Wahlstrom—Town of Snowmass Village from Sheri Sanzone/Brian McNellis fj((77ji9, 7p c rTpvt77q date 5 March 2007 ECI " 1`' s+d11" project name Town of Snowmass Village Landscape Architect MAR 0 5 2007 wuv subject Sam's Knob Restaurant a,3t -' Sy copyto Project Files Response to Special Review Application Per the Town of Snowmass Village Land Use and Development Code: Sec. 16A-5-230 Special Review Standards An application for a special review use shall comply with the following standards: 1) Consistent with Comprehensive Plan. The proposed use shall be consistent with the intent of the Town of Snowmass Village Comprehensive Plan. Response:The Comprehensive Plan emphasizes the need to provide services and facilities that improve Snowmass Village as a premier resort while being mindful of the environmental,visual,and rural characteristics of the community.As determined by Design Workshop's Visual Analysis,the proposed building will have minimal visual implications as it will not be seen Brush Creek Road or Owl Creek Road. However,there are places along Snowmass Creek Road where the proposed development will be seen and break the skyline. Existin vegetation will greatly screen the development, however there are concerns about the ui in g . xterior lighting should be mi a to that which Is required for genera sae an service needs. Materials should compliment the tones of the surrounding environment to assure that it is camouflaged into the environment to the greatest extent possible. The colors and materials chosen for the building seem adequate to achieve this goal. The Comprehensive Plan specifies that development of slopes on greater than 30 percent is prohibited. It appears that portions of the proposed development extend into slopes far exceeding 30 percent and that re-grading of slopes to the west will occur. The proposed development will be located within close roximity to significant wildlife habitat areas, specifically elk summer range. T e ompre ensZ an etfnes Sam's Knob as anarea of"ecological significance"since it contains"mixed conifer-aspen habitat which are used throughout the year by deer, elk, bighorn sheep, neotropical birds, raptors,carnivores, small and medium-sized herbivores and ptarmigan."It mentions that any land use decisions in the area should ensure the richness of this wildlife mix.The applicant should mitigate all removed and mature vegetation with specimens of the same typean comparabTsae. Tfiaapplicansshould prow erosion mi iga on plan o assure at e d development does not cause image o na ural watershed areas that contribute to Brush Creek. Sam's Knob Referral Comments p.1 2) Comply with the standards of the Development Code. The proposed use shall comply with all other applicable standards of this Development Code, including, but not limited to a. Zone district standards. The purpose of the zone district in which it is located, the dimensional limitations of that zone district and any standards applicable to particular use, as specified in Article III, Zone Districts. b. Development evaluation standards. The applicable standards specified in Article IV, Development Evaluation Standards. Response: The proposed development is allowed per the Snowmass Mountain PUD zoning. See the applicable standards per Article IV below. 3) Compatible. The proposed use shall be appropriate to its proposed location and be compatible with the character of surrounding land uses in the area, and shall not adversely affect the future development of the surrounding area. Response:The proposed development is an appropriate use for the area and the materials/colors chosen will help blend the building into the surrounding landscape. 4) Adequacy of access. Access to the site shall be adequate for the proposed use, considering the width of adjacent streets, their grades, intersection safety visibility and entrance into the area to be developed. When appropriate, public transportation, or other public or private transportation services, and pedestrian facilities, shall be made available to serve them. Response: N/A. The proposed building will only be accessed via existing ski lifts and snowcats as part of its normal wintertime operations. 5) Design minimizes adverse impact. The design and operation of the proposed use shall minimize adverse impacts and shall not create a nuisance, considering such impacts as traffic congestion . or traffic hazards, service delivery, parking and loading, trash removal, odors, noise, glare and vibration, Response:To assure that the proposed development has minimal visual impact as seen from Snowiness Creek Road, exterior lighting should be limited to that required for egeneralsafetyandservicene s.All glazing should a non-re lective.All trash areas should be secured to assure that it cannot be accessed by wildlife. 6) Design minimizes environmental impact. The proposed use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat scenic resources and other natural resources. Response: As stated above,the proposed development may have adverse impacts on scenic quality as viewed form Snowmass Creek Road. However,the materials/colors chosen for the building facade will help blend it visually into the existing landscape. Exterior lighting chnuid ha limited to that required for general safety and serviceneeds. All windows should benon-reflective. The building has been situated to optimize solar gain and the application mentions that efficient building systems will be incorporated. 7) Facilities. There shall be adequate public facilities available to serve the proposed use, or the applicant shall propose necessary improvements to address service deficiencies that the use would cause. In particular, the applicant shall demonstrate that adequate water supply and sewage disposal service is available for the proposed use, including sufficient water pressure and proximity to fire hydrants to provide for fire protection needs. Response: N/A 8) Parking. Sufficient off street parking shall be provided for the proposed use. Response: N/A Sam's Knob Referral Comments p.2 Sec. 16A-4-320 a)Landscaping Standards. 1) Preserve existing vegetation. Existing vegetation and live trees shall be preserved so as to: a)reduce the potential for erosion and sedimentation from development,' (b)screen or soften the appearance of development; and(c) buffer uses from one another. Existing vegetation and trees that are removed shall be replaced with appropriate, similar size plantings and shall be supplemented with additional plantings that help to screen the development cover exposed areas and hold soil in place. Response: It is unclear whether the proposed development will mandate the removal of existing trees.A site visit verified that the eve o ment area s re a rve s arse with d vegetation,the applicant should replace anv removed trees o 4 ca iper or greater) + ursuant to a tree mitigation plan to be approved by the U-.S. Forest Service and the Town of Snowiness Village prior to building permit issuance. 2)Standards for new plantings.All plants used for landscaping shall be compatible with the local climate and the soils, drainage and water conditions of the site. Wherever possible, native varieties shall be used. When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant material should duplicate adjacent plant communities both in species composition and spatial distribution patterns. Evergreen shrubs should be planted in clusters to maximize their chance for survival. When appropriate, landscaping should use drought resistant varieties, and employ xeriscape design. Response:Although mentioned in the application, `9andsca a Ian"was not submitted as art of this application and therefore it cannot a determine dditional pan ings are proposed.Native plantings around the perimeter of the building will soften the fagade of the building and is encouraged as a screening method.The applicant should be reguired to submit a Qlanting plan depicting the types and sizes of esF 'Eonted.This plan should a approved byhe U.S. Forest Service and the Town of Snowmass Village prior to building permit issuance. b) Grading Standards. All development shall comply with the following standards: 1)Mass grading. Mass grading that removes existing vegetation and leaves large areas of soil exposed shall be properly managed to control erosion. When significant portions of a site are to be disturbed, the Town may require grading activities to be phased, so disturbed areas can be stabilized. The Town may also require topsoil to be stockpiled, for re-use on areas requiring revegetation and landscaping. Response: A large amount of excavation is not anticipated since the development area is relatively flat and free of trees. However,due to lack of significant root structure in the area and the fact that the development is surrounded by steep slopes, erosion is a concern.The applicant should provide the U.S. Forest Service and the Town of nowmass Village an erosion control plan to be approved prior to building permit Issuance. 2) Limitations on site disturbance. Cuts, fills, grading, excavation, vegetation removal and building construction shall be confined to designated building envelopes, except as permitted pursuant to Section 16A-3-200(b), Construction In Required Setbacks, and except for site disturbance necessary to install and maintain utilities, roadways, trails, irrigation ditches, fences and trees and similar plant material. Material excavated from the building envelope may be stockpiled outside ofthe building envelope for later use on the property. Response:Although it was mentioned in the application, a building envelope has not been delineated as part on the site plan. In order to minimize the area of disturbance, the applicant sho Id_6e.reg liedto submit a site plan depicting a building envelope_ tha is satisfactory to the U.S. Forest Service awn t e Town of Snowmass Village priortobuildingpermitissuance.On site,the building envelope should be clearly delineated 4 by fencing and kept in place during construction. 3)Mark envelope. Prior to the commencement of site disturbance, the applicant shall visibly mark the extent of the designated building envelope. The applicant shall maintain said marking in place throughout the duration ofconstruction. Relocation or removal of the marking without the prior approval of the Town shall be considered a violation of this Code. Sams Knob Referral Comments o3 Response: As mentioned above, a building envelope has not been delineated as part of this application. 4) Restoration of disturbed areas. Disturbed areas shall be restored as undulating, natural- appearing landforms, with curves that blend in with adjacent undisturbed slopes. Abrupt angular transitions and linear slopes shall be avoided. As necessary, cuts and fills shall be supported by retaining walls, made of wood, stone, vegetation or other materials that blend with the natural landscape. Areas disturbed by grading shall be contoured so they can revegetated and shall be revegetated within one(1)growing season after construction, using native species similar to those growing on the site. Response: It appears that a few areas of significant grade transition will result from this development and at least one retention wall is proposed. To assure that these transition areas/steep slopes revege ate properly,t e a plicant should submit a landscapinafrestoration plan to be approved by the U.S. Forest Service and the—Town of Tnowmass Village pFIZ r u ding permit issuance. It is unclear why there is re-g redin gposed to the south of the proposed deve opme'r nt. If[his can be avoiTd,rt wolf minimize a amoun Tvegeta—Pibn distu rban'ceand potential for erosion. 5) Design shall fit natural topography and site conditions. Proposed structures shall be located and designed to fit the site's natural topography and site conditions, rather than adjusting the topography and site conditions to fit the structure. For example, instead of creating a flat bench or terrace for a building platform on a sloping site, the structure should instead be stepped up or down the slope. Roads and driveways shall follow the contours of the natural terrain. Response: The east elevation of the proposed building conforms to the flatness of the development site. It appears however,that portions of the exterior patio will aject outward above rather significant slopes. To coom- p with this code section, patio areas flown to conrorm to cne existing topography.Snould step( c) Outdoor Storage of Materials, Equipment and Vehicles. Unless otherwise determined by the Town Council, all commercial materials and equipment, including snow grooming equipment stored outside for a period of time exceeding fifteen (I5) days, during which time said materials or equipment remain unused, shall be fenced or screened in a manner that is not visible from an adjacent street or property. Such fences or screening shall be a minimum of eight(8) feet from grade, unless the Planning Director shall determine that a fence or screen of lesser height be found to meet the intent of this Subsection. All fences shall be of sound construction and shall not have not more than ten percent(1001o) open area. All other unlicensed, inoperable, or dismantled vehicles and parts shall be contained within the enclosed structure. The outside storage of materials, equipment of vehicles which: (1)are not customarily found in association found in association or connection with the principle permitted use of the property, (2)alter the essential character of the surround9ing neighborhood, or(3)adversely affect the public welfare is prohibited. Response:The applicant should Provide an Eguipment and Vehicle Stora a Ian to the U.S. Forest Service and the Town of Snowmass Village prior to building perm t issuance. d) Regulations for Ski Lifts. No development shall be approved in proximity to an existing or proposed ski lift unless said development complies with all applicable regulations governing said ski lift. Response: This standard should be addressed by the applicant with regard to the Fanny Hill and Sam's Knob lifts prior to issuance of a building permit. e)Quality of Skiing. No development shall be approved that adversely affects the quality of skiing at the Snowmass Ski Area, including the distribution of skiers on the mountain and access to the ski area. Response: It is expected that this proposal will improve the quality of skiing at Snowmass. f)Access to Public Lands. Sam's Knob Refm,al Comments pA New development shall not result in loss or significant limitation of existing access to public lands, Response:This development is proposed within U.S. Forest Service lands but should not limit the access to these areas. g)Historical or Archaeological Sites. No development shall be approved which would result in the destruction or significant alteration of any sites or structures that have been determined by the Town Council to have historical or archaeological significance to the Town, the region or the State. Response:The applicant has not addressed the issue of historical or archeological significant artifacts in this application. h)Construction Management. No PUD, amended PUD or subdivision development shalt be approved unless a construction management plan has been submitted to and approved by the Town Council or the Planning Director where final approval is administrative. The number of residential units and the amount of commercial space that can be under construction at any one(1) time shall be subject to reasonable limitation in order to minimize disruption to normal business activities, disturbance to the peace and quiet of residential neighborhoods, interference with vehicular and pedestrian movement and/or damage to public roads, utilities and facilities, without unnecessarily interfering with the anticipated development activity. The extent ofany such limitations shall be determined in the review and approval of each development project and shall be set forth in a construction management plan to be approved therewith. Response: A Construction Management Plan should be submitted and approved by the U.S. Forest Service and the I own Or bnowmass age prior to building permit issuance. Sam's Knob Reterral Comments p.5 440t-.z From: Brian McNellis [brian @bluegreenaspen.com] Sent: Thursday, March 29, 2007 7:59 AM To: Jim Wahlstrom Subject: Sam's Knob Jim - We have no further comments at this time. The applicant has sufficiently addressed out concerns in their response to our initial Special Review comments. Please let me know if you have any questions. Sincerely, brian mcneilis aicp i asla bluegreen 300 south spring street, suite 202 aspen, colorado 81611 t 970 429 7499 1 f 970 429 9499 toll-free 877 429 7499 www.blues reenasoen com file://P:\user\jw\Snowmass Mountain\S'mass Mtn Sam's Knob Rest S.R\Comments\Comm... 7/30/2007 Jim Wahistrom From: Jim Stark Ustark@fs.fed.us] Sent: Wednesday, March 07, 2007 9:13 AM To: Jim Wahistrom Subject:Sam's Knob restaurant Jim - sorry for the late response on this. The FS is on track with this proposal, including building design. We have not asked to look at a construction management plan yet, but will do so prior to the construction season. All other aspects of the submittal to TOSV are on line with what we have been working with ASC on. Thanks Jim Stark / Aspen Ranger District w - jstark@fs.fed.us ph - 970-945-3314 h - stark@rof.net ph - 970-925-1875 mobile - 970-948-6447 mobile text mssg. - 9709486447@mobile.att.net 1 L.I S -Z Jim Wahlstrom From: Jim Stark pstark@fs.fed.us] Sent: Friday, July 27, 2007 4:06 PM To: Kiley, Chris Cc: Jim Wahlstrom Subject:Re: Sam's Knob application for Town of Snowmass Village Yep, as long a TOSV realizes that for anything other than potential public health and safety impacts to the TOSV resources, FS will have the final say in design, siting, etc. Jim Stark / Aspen Ranger District w - jstark@fs.fed.us ph - 970-945-3314 h - stark@rof.net ph - 970-925-1875 mobile - 970-948-6447 mobile text mssg. - 9709486447 @mobile.att.net Kiley, Chris" CKiley@aspensnow mass.com> To jstark@fs.fed.us> 07/24/2007 09:18 cc AM Jim Wahlstrom" jimwahlstrom@tosv.com> Subject Sam's Knob application for Town of Snowmass Village Jim, are you OK with our submitting an amendment to the Sam's Knob restaurant application to the Town? You have previously provided your consent to the application but the Town would like confirmation that you haven't changed your mind. A yes or no answer to this email is sufficient. Thanks, sorry to trouble you with this. Chris Chris Kiley Project Manager Aspen Skiing Company direct (970) 923-8758 fax (970) 923-8753 ckiley@aspensnowmass.com 1 STATE OF COLORADO r Bill Ritter,Jr.,Governor DEPARTMENT OF NATURAL RESOURCES C O DIVISION OF WILDLIFE Q AN EQUAL OPPORTUNITY EMPLOYER NS Bruce McCloskey,Director rQ .A1' 6060 Broadway OF V Denver,Colorado 80216 Telephone:(303)297-1192 For Wildlife- wildlife.stare.co.us For People February 27,2007 Town of Snowmass Village PAR 0 2 2007P.O. Box 5010 Snowmass Village, CO 81615 gaga-ftmss vntp RE: Sam's Knob Restaurant Special Review Dear Jim: Sam's Knob is located in one of the more highly used and disturbed areas of the ski area. Construction of a new restaurant to replace the old restaurant should not havLany significant negative impacts to wildlife as the restaurant use is smite to winter use during the ski season. The application states that"it is not anticipated that the facility will be used for evening or summer use,although it may be used for a limited number of special events" this is not defined in the application). In addition,the facility will contain an employee unit to be occupied only during the winter ski season. The analysis contained within the application is based on winter use only and does not address summer use. If the facility and employee unit are used during spring and summer,then wildlife impacts 44 will occur and need to be addressed. The Division does not support use of the facility or employee unit during any period but the winter ski season due to negative wildlife impacts. The application refers to a landscape concept plan but details of the plan are lacking. Any disturbed areas should be revegetated with native vegetation which is beneficial to wildlife. Revegetation should be conducted immediately upon construction of the facility. The applicant should submit a list of native plant species beneficial to wildlife and this list should be approved by the U.S.F.S. and Division biologists before site construction. Under attachment l f the application, it states that use of a helicopter could be used. Then under specific measures it•states that no helicopter use is anticipated for this project. The Division strongly recommends against use of a helicopter during construction unless it is absolutely necessary. If helicopter use is determined to be needed, then consultation with—tfie ivision should occur regarding time of day and height of flights in order to minimize impacts,to wildlife. Although it is not anticipated that summer use will occur at the facility, consideration should be made to ensure that the facility is bear proof from spring–fall. All trash at this time should be kept in an approved bear resistant container and all doors/windows of the facility should be closed and locked. Round handled door knobs should be used for all outside doors instead of the lever type in order to minimize a bear's ability to gain entry. During construction of the facility, dogs should not be allowed to be brought on site by construction workers or 14workingemployees. The Division has had numerous reports in the past of dogs brought to construction sites by workers which chase and harass wildlife. In addition,construction workers and employees should not be allowed to DEPARTMENT OF NATURAL RESOURCES,Hams D.Sherman,Executive Director WILDLIFE COMMISSION,Jeffrey Crawford,Chair•Tom Burke,Vice Chair•Claire O'Neal,Secretary Members,Robert Bray•Brad Coors•Rick Enstrom•Richard Ray•James McAnally•Ken Tones Ex Officio Members,Hams Sherman and John Stulp bring firearm/archery equipment to the construction site. The Division has had several cases of unlawful take of wildlife by construction workers. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright at 947- 2920. Sincerely, Perry Will Area Wildlife Manager Cc: R. Velarde, K. Wright,file MEMORANDUM TO: Jim Wahlstrom, Senior Planner, TOSV FROM: Ellen Sassano, Senior Long Range Planner, Pitkin County RE: Sam's Knob Restaurant Special Review Application MAR o. Snowmass Village DATE: March 5, 2007 Community Development Thank you for the opportunity to comment on the Sam's Knob Restaurant Special Review. Given the very limited timeframe provided for comments, we were unable to obtain formal comments from the Pitkin County Board of County Commissioners. The following Staff comments are provided for your consideration: 1. To the extent that visibility from Snowmass Creek Road can't be eliminated altogether, we support limiting visibility of the restaurant with the planting of cow nifers, (as contemplated) to block the sight line. 2. In the event that limited night use occurs for special events, we recommend enforcement of the requirement to use shades to keep the night sky free of lights. 3. We understand that construction of the restaurant will be occurring concurrent with Base Village construction, and will have nominal road impacts in comparison; Nonetheless, please require the applicant to notify the Pitkin County Sheriff's Dept and/or Road and Bridge, if there are an unusual loads and/or e ays anticipated on Brush Creek Road as a result of construction. Our Road and Bridge Department Staff -will contact you in the event that road impact fees for Brush Creek Road (in addition to those agreed to in the Construction Management Plan for Base Village) are warranted. 4. Due to the prolonged period of time residents will be exposed to construction impacts associated with Base Village, we do not support approval of the applicant's request to extend operating hours beyond those approved for Base Village construction.a event that the applicant's request to operate from 7:00 a.m. to 7:00 p.m., seven days a week is approved, please use newspaper ads or other means of communication to inform residents on Brush Creek Road of the ext ided hours. In addition, we recommen that any—recommendations made by the Division of Wildlife regarding hours of operation as they may relate to wildlife impacts, be adhered to. ATTACHMENT Applicant's geotechnical letter dated February 28, 2007 i 1 _ H`pa. rtL I'.,NI d,l n.dr.'um.d. Im lIl, III•v..l '-,nnt,.l 111 ie.l••v1F11l HEPWORTH-PAWLAK GEOTECHNICAL t„ ,);,,),;..y;; m ul:hrs ,rh•,..nc,h. m February 28, 2007 Aspen Skiing Company Attn: Chris Kiley P.O. Box 1248 Aspen, Colorado 81612 Job No. 105 853 Subject: Geotechnical Review of Proposed Development in Slope Areas Steeper than 30%, Proposed Sam's Knob Restaurant, Snowmass Ski Area. Pitkin County. Colorado Dear Mr. Kiley: As requested, we have reviewed the proposed building plan for the subject project provided by Schmueser Gordon Meyer dated April 28, 2006 that includes a slope steepness map, with respect to the Town's regulations for construction on slopes in excess of 30%. Our geotechnical review of exposed ground conditions at the project site Hepworth-Pawlak Geotechnical, 2005) that included geologic conditions was used as a basis for our current review. Building in areas with slopes steeper than 30% is mainly proposed in the deck area, about the southern quarter of the proposed development. Sam's Knob, including the steep slopes, consists of granodiorite, a very hard intrusive material that has been exposed by natural erosion of the overlying Mancos Shale. Relatively shallow depth of colluvium and fill materials from the site covers the Ibrmation rock in the steeper slope areas. rhe steep hillsides within the proposed building areas do not contain landslides and the quality of the foundation rock is generally favorable to the proposed grading construction. Based on our review, the building plans are generally consistent with recommendations presented in our previous report for the site development. in our opinion, the natural slopes are not prone to instability or failure and the proposed grading and building construction should not increase the potential for slope instability or increase the risk of damage to adjacent property. When the grading plans have been developed, we should conduct additional analysis for design level recommendations. During construction we should observe the excavations for curt slope stability and bearing conditions for building support. If design plans change from those described, we should be contacted for P,Irkcr 101-x41.71 IQ 0 Colonido Spring., 719-613-5562 o Silverrhrrrne 970-468-19219 Aspen Skiing Company February 28, 2007 Page 2 additional analysis and re-evaluation of our recommendations. If you have any questions or need further assistance, please call our office. Sincerely, HEPWORTH - PAWLAK GEOTECiINICAL, INC. gAq° D o Steven L. Pawlak, P. 15222 S T/- 8 SLWksw Jl°•S wAt 'a°pOFCOOP cc: Schmueser Gordon Meyer—Attn: Nick Kilbourn Reference: Hepworth-Pawlak Geotechnical,2005, Geolechnical Review ofExposed Ground Conditions, Proposed Sam's Knob Restaurant, ,Snouonass ,Ski Area, Pilkin County. Colorado, Dated October 10, 2005, Job No. 105 853. MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: August 6, 2007 meeting SUBJECT: CONTINUATION OF PUBLIC HEARING AND SECOND READING — SNOWMASS MOUNTAIN — ORDINANCE NO. 8, SERIES OF 2007 — CONSIDERATION OF A MINOR PLANNED UNIT DEVELOPMENT PUD) AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE SAM'S KNOB REPLACEMENT RESTAURANT This particular application is a Minor PUD Amendment to the Snowmass Mountain Amendment pursuant to Section 16A-5-390, Amendment of final PUD, of the Town of Snowmass Village Land Use and Development Code, to request a one year extension of the deadline to complete the Sam's Knob replacement restaurant, located on the summit of Sam's Knob on Snowmass Mountain (reference metes and bounds legal description of the property in Ordinance No. 2, Series of 2005 ["Ordinance 2"], as needed). Applicant: Aspen Skiing Company Project Manager/Planner: Chris Kiley Company Planning Director: David Corbin Planner: Jim Wahlstrom, Senior Planner I. PURPOSE AND ACTIONS REQUESTED OF COUNCIL: The purpose of the meeting would be to consider and take action upon the second reading of the attached Ordinance No. 8, Series of 2007 ("Ordinance 8"), as may be amended at the meeting. See Attachment 1 for the Applicant's requested language changes in Ordinance 8. See Attachment 2 for the edited ordinance version of the ordinance, and Attachment 3 for the final ordinance language incorporating the edits per the first reading introduction and approval as amended at the June 18, 2007 meeting. II. SUMMARY OF DESCRIPTION OF PROJECT. The attached ordinance would document the Applicant's proposed amendment to the Final PUD of 2004 to extend the completion date of the Sam's Knob replacement restaurant by one year. Exhibit "A" of the ordinance provides the Applicant's description and justification for the proposed change. Please note that Exhibit "C" schedule chart was replaced with the updated version in the associated Special Review application addendum dated July 2007. 1 III. BACKGROUND Why and how did project inception process start: During the review of the Snowmass Mountain Amendment in 2004/05, the Applicant committed in writing to complete the construction of the replacement restaurant no later than the 2007/08 winter season. Such agreement was documented as a condition in Ordinance 2 and as a standard in the accompanying PUD Guide; The PUD Guide in Ordinance 2 required the submittal of a Special Review application of the proposed restaurant replacement project for review by the Town; On January 24, 2007, the Applicant submitted a Special Review application for the proposed Sam's Knob replacement restaurant to the Town; The Planning Commission reviewed the Special Review application at meetings held on March 7 and 21, 2007; On March 21, 2007, the Planning Commission acted upon Resolution No. 5, Series of 2007, which provided recommendations to the Town Council on the Special Review application for the new restaurant. This resolution was provided to Town Council at the initial hearing for the Special Review application on April 16, 2007; On April 9, 2007, during the time Staff was preparing a report to Council on the Special Review application for the initial hearing on April 16, 2007, the Applicant submitted a letter requesting continuance of the Town Council public hearing until August 2007 together with a second, separate request to extend the deadline for constructing the restaurant by one year; At the initial public hearing before the Town Council on April 16, 2007, the Council considered the two requests by the Applicant for continuance of the hearing and extension of the deadline, the results being that the Town Council tabled a motion to consider the Applicant's request to continue the Special Review public hearing to August 2007 and instead continued the public hearing in the interim to May 21, 2007 for the purpose of developing a list that outlined past-due Applicant commitments or obligations together with a slate of possible remedies or mitigation for such outstanding matters. These matters are being dealt with separately; After the Council meeting on April 16, 2007, the Applicant was instructed by Town Staff that an amendment to the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to be submitted to formally request modification to the ordinance condition and PUD Guide standard requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 winter season; The Minor PUD Amendment, as generally described in Exhibit "A" of the attached Ordinance No. 8, Series of 2007, was submitted by the Applicant on April 19, 2007, deemed complete for referral purposes as of April 26, 2007, and referred to applicable Town Staff and the Planning Commission as of April 27, 2007; On May 2, 2007, the Planning Commission reviewed the proposed Minor PUD Amendment and passed Resolution No. 7, Series of 2007 (reference the May 21, 2007 report for as needed), which provided recommendations to the Town Council that included suggestions for an expeditious review of the application, giving priority basis to the application, and not penalizing the applicant for such a delay considering that the Applicant needs to obtain approval from two jurisdictions and their desire to obtain LEED certification (Leadership in Energy and Environmental Design); The Minor PUD Amendment was scheduled for separate consideration from the accompanying Special Review application at the May 21, 2007 Council meeting; 2 At the May 21, 2007 meeting, Ordinance No. 8, Series of 2007, for the Minor PUD Amendment was introduced, but Council did not take action upon such ordinance due to concerns expressed by the Council at the meeting; The public hearing for this item was continued to June 18, 2007; However, the accompanying Special Review public hearing for the new restaurant project was continued to the August 6, 2007 meeting with the understanding that the Applicant would provide an update of the progress of the project at a subsequent Council meeting; At the June 18, 2007 meeting, Council voted to introduce, review and approve, as amended, the first reading of the ordinance; During the July 9, 2007 meeting that was scheduled to review the second reading of Ordinance 8, Council accepted the Applicant's request to continue the public hearing to August 6, 2007 in efforts to further study the language in the ordinance. Again, the public hearing for the associated Special Review application for the restaurant was continued from May 21, 2007 to the August 6, 2007 meeting. IV. APPLICABLE REGULATIONS Municipal Code review criteria which regulate the review and approval of Minor PUD Amendment include Municipal Code Section 16A-5-390(3), Review Standards, including reference to the General Restrictions outlined in Section 16A-5-300(c), and the Review Standards listed in Section 16A-5-310, which also includes reference to Article IV, Development Evaluation Standards, of the Land Use and Development Code. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS Optionl: Approve the one-year extension for completing the restaurant. Pros: The Applicant might be better able to complete the needed or desired approvals with the Town, the United States Forest Service USFS) and possible LEED certification plus complete their coordination of final design drawings and the preparation of construction plans in a manageable fashion. Cons: Lack of a replacement restaurant on Sam's Knob for another year, making it three versus two years without a restaurant at that location. Option 2: Deny the one-year extension for completing the restaurant. Pros: Considering the Applicant's proposed Special Review application amendment dated July 2007 for the replacement restaurant and the subsequent construction-related constraints, such a denial might require the Applicant to construct the project in its original form and/or may require the Applicant and the Town to significantly rush the review and processing of the current accompanying Special Review application, as now proposed for amendment. At this point in the year, Staff does not believe the Applicant can build the project in time for the next winter season. Cons: Considering the Applicant's stated constrained schedule status of proposing an application amendment and subsequent construction coordination, such a denial might mean that the Applicant may not meet the deadline for constructing the restaurant this year anyway, which is probably the case since Council still needs to review the Special Review application for the new replacement restaurant project, as now proposed for amendment. 3 Option 3: With or in consideration of the above options, review whether the Applicant's latest proposal dated June 7, 2007 (Exhibit 'B' of the attached ordinance) for the planned interim facilities on Sam's Knob might be acceptable and that which relate proportionately with the deadline extension request. Pros: At this late stage in the planning and construction design process, a decision by Council at this meeting would likely assist the Applicant in preparing for the installation of the interim facilities on Sam's Knob since now less than six months away from intended completion date. Cons: As previously stated in previous staff reports, accepting the interim facilities without knowing the status of the intended restaurant project amendment might have posed a risk to the Town, especially if the Applicant is not able to obtain timely approvals from other affected jurisdictions. As the Applicant has now submitted supplemental information as an amendment to the accompanying Special Review application, the Council may wish to review, as previously mentioned at the July 9, 2007, the proposed changes to the replacement restaurant project before acting on Ordinance 8. VI. OTHER HEADINGS RELATED TO THE TOPICS Attachments: Attachment 1: Applicant's letter dated July 30, 2007 requesting language revisions in Ordinance 8 pertaining to the conditions. Attachment 2: United States Forest Service approved dated July 9, 2007 of the temporary yurt structure for next ski season. Attachment 3: Edited version of Ordinance No. 8, pursuant to Town Council's discussions and action during the first reading of the ordinance on June 18, 2007, together with some minor Staff revisions. Attachment 4: Final version for the second reading of Ordinance 8 with Exhibit A" of the Applicant letter of description and justification with a vicinity map, Exhibit "B" of the Applicant's proposed interim facilities on Sam's Knob, and Exhibit "C" of the Applicant's proposed time line schedule for completion of the new replacement restaurant as updated per the accompanying Special Review application amendment dated July 2007. VII. SUMMARY OF STAFF RECOMMENDATIONS AND FINDINGS Concerning the Applicant's requested language changes, Staff does not necessarily recommend against the proposed changes, but Council make wish to take issue with the added caveat language. At this stage in the planning of the new restaurant project and with the summer season already here, Staff recommends approving the second reading of attached Ordinance 8, as may be amended at the meeting, granting the 4 Applicant's request for an extension of the deadline by one year, with the conditions noted, to complete the replacement restaurant pursuant to the Minor PUD Amendment and the accompanying Special Review application. VIII. NEXT STEPS Next Steps include: None, unless Council wishes to continue again the public hearing of the second reading of the ordinance reading for further review. 5 ATTACHMENT SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN&S N O W M A S S. ASPEN SKIING COMPANY Judy 30, 2007 Town Council Town of Snowmass Village PO Box 5010 Snowmass Village, CO 81615 Re: Sam's Knob Restaurant Application and Minor Amendment to PUD AUG Q 1 2007 Proposed Ordinance No. 8, Series of 2007 Snowmass Village Community Development Dear Sirs and Madam: The permitting and installation of a yurt this fall and the physical logistics of starting an on-mountain restaurant at Sam's Knob in April, `08 and completing it by the operational opening of the following ski season pose daunting challenges to us and to our contractors which may be beyond our power to affect or precisely implement. As previously discussed, even with an accelerated construction schedule, the permanent restaurant in particular is extremely difficult to complete in time for a mid-December opening, yet alone a November opening. Nonetheless, we intend to prepare all required applications and permits for the temporary and permanent facilities, diligently seek to obtain timely review and approvals, and proceed with final design and construction as expeditiously, diligently and continuously as possible. Given the logistical challenges described above, we ask that the Council consider and include the following language in the proposed Conditions of Approval: Condition No. 4-- Include a reference to the permanent facility: o "The Applicant shall attempt to obtain review and approval by all applicable permitting agencies in a timely fashion, to the extent reasonable and practical, concerning the interim facilities and the replacement Sam's Knob restaurant facility noted in Conditions #1, 2 and 3 above. Condition No. 7 / 8 Alternative: o "If the temporary facilities and/or the replacement restaurant as described in Conditions #1, 2 and 3 above are not installed and fully operational via Town issuance of a temporary certificate of occupancy by the time either the Village Express or the Sam's Knob Express lift opens for operation in ski seasons '07 — '08 and '08— '09 respectively, absent some cause for delay outside of the Applicant's reasonable control or other force maieure, the Applicant shall be and remain subject to the compliance and performance provisions and remedies contained in the Town Code until P.O.Box 1248 Aspen,CO 81612-1248 970-925-1220 www,aspensnowmass.com the respective facilities or replacement restaurant are installed and filly operational. If Conditions No. 7 and No. 8 are revised as proposed, Conditions No. I and No. 10 would be renumbered and restated as presently drafted. Please consider these requested revisions to the Conditions. The Applicant is prepared to elaborate upon and discuss with Council the purposes and reasoning behind the suggested revisions at the forthcoming hearing. Respectfully submitted: Aspen Skiing Company d r AUG 01 2001 David G. Corbin Snowmass vwage Cbnrrtun Vice President—Planning and Development tty Development cc: Jim Wahlstrom,Planning Dept., Town of Snowmass Village Russ Forrest, Town Manager,Town of Snowmass Village 2 ATTACHMENT 2 USDA United States Forest White River Aspen-Sopris Ranger District Department of Service National PO Box 309/620 Main St. Agriculture Forest Carbondale,CO 81623 970)963-2266 Fax: (970)963-1012 File Code: 2720 Date: July 9, 2007 Chris Kiley R11r CIEMIDPlanner Aspen Skiing Company AUG - 3 2007P.O.Box 1248 Aspen, CO 81612 Snowmass Village Community Development Dear Chris: I have reviewed your proposal to put up a temporary yurt structure on the top of Sam's Knob for the 2007/2008 ski season with Jim Stark, as well as various staff at our Forest Supervisor's Office in Glenwood Springs. I understand that the site on Sam's Knob that will be impacted for the yurt platform has undergone previous environmental reviews under the National Environmental Policy Act (NEPA), more specifically the 1994 Snowmass Environmental Impact Statement, and the recent review and subsequent Supplemental Information Report that was a result of the 2006 Snowmass Ski Area Master Plan Amendment—Ski Area Improvements Environmental Assessment. I was also informed that the site currently remains in a disturbed state, as it was initially prepared for the construction of the Sam's Knob/Village Express Lift and the anticipated construction of the Sam's Knob Restaurant last summer. In consideration of the temporary nature of the structure, and the fact that the installation ofthe yurt will not require any new ground disturbance,I am approving your request for one yurt to be placed at Sam's Knob for the upcoming ski season with this letter to the file. We have worked with the Landscape Architect and are requesting the Emerald Green for the yurt wall color, and Grey for the roof color. Accessibility for persons with disabilities will be required to meet the standards set forth in the Americans with Disabilities Act of 1990(ADA) and Section 504 of the Rehabilitation Act of 1973. A ramp that will transition from the snow level at any given time to the deck will be required,as well as any necessary modifications needed for the door threshold. Please work with Jim if you have any questions as you begin with the project. I lonlr fnrmard to meeting yno and your fellow workers in the near future,and well as working with you on the design and review process for the eventual permanent Sam's Knob restaurant. Sincerely, r IRENE L.DAVIDSON District Ranger cc: Jim Stark, Roger E Poirier Caring for the Land and Serving People rnn:eo on amtied Paar 1 ATTACHMENT 3 I2 3 TOWN OF SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 ORDINANCE NO. 8 7 SERIES OF 2007 8 9 AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT (PUD) to AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE I I SAM'S KNOB REPLACEMENT RESTAURANT. 12 13 WHEREAS, the Aspen Skiing Company ("Applicant") submitted a Special Review 14 application for the proposed Sam's Knob replacement restaurant located on Snowmass 15 Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007; 16 and 17 18 WHEREAS, the Planning Commission acted upon Resolution No. 5, Series of 19 2007, at a public hearing on March 21, 2007 that provided recommendations to the 20 Town Council on the Special Review application for the new restaurant; and 21 22 WHEREAS, on April 9, 2007, the Applicant submitted a letter requesting 23 continuance of the initial Town Council public hearing on April 16, 2007 for the Special 24 Review application until August 2007 and a separate request to extend the deadline for 25 constructing the restaurant by one year; and 26 27 WHEREAS, at the initial public hearing before the Town Council on April 16, 28 2007, the Council considered the two requests by the Applicant for continuance of the 29 hearing and extension of the deadline, the results being that the Town Council tabled a 30 motion to consider the Applicant's request to continue the public hearing to August-2007 M and instead continued the public hearing in the interim to May 21, 2007 until a list could 32 be developed that outlined past-due Applicant commitments or obligations together with 33 a slate of possible remedies or mitigation for such outstanding matters; and 34 35 WHEREAS, the Applicant was instructed by Town Staff that an amendment to 36 the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to 37 be submitted to formally request modification to the ordinance condition and PUD Guide 38 requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 39 winter season; and 40 41 WHEREAS, the Minor PUD Amendment, as generally described in attached 42 Exhibit "A, was submitted by the Applicant on April 19, 2007, deemed complete for 43 referral purposes as of April 26, 2007, and referred to applicable Town Staff and the 44 Planning Commission as of April 27, 2007; and 45 46 WHEREAS, the Planning Commission acted upon Resolution No. 7, Series of 47 2007, at a public meeting held on May 2, 2007 that provided recommendations to the 48 Town Council on the Minor PUD Amendment proposing extension of the deadline for 49 completion of the Sam's Knob replacement restaurant; and 50 TC Ord 07-08 Page 2 of 5 51 WHEREAS, the Town Council was scheduled to review the Minor PUD 52 Amendment application, consider the recommendations of Town Staff, and receive 53 public comment thereon at a-public raeetia"hearings held on May 21, 2997. June 18, 54 and July 9, 2007 and to take action upon this ordinance; and 55 56 WHEREAS, the Minor PUD Amendment application was processed in 57 accordance with Section 16A-5-390 of the Municipal Code. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 60 Snowmass Village, as follows: 61 62 Section One: Findings. The Town Council finds that: 63 64 1) The Applicant submitted the application for the Minor PUD Amendment in 65 accordance with the provisions of the Municipal Code. 66 67 2) The application provided the "Minimum Contents" required pursuant to Sections 68 16A-5-220 and 230, and included appropriate materials in sufficient detail to 69 deem the application complete for initial review. 70 71 3) The Applicant has acceptably submitted supplemental information dated June 7, 72 2007 for consideration during the review process to present changes or updates 73 to the application for the primary purpose of responding to the concerns 74 expressed by the Town Council at a meeting on May 21, 2007. 75 76 a)—All public hearing notification requirements, as specified within Section 16A-5- 77 60(b) of the Municipal Code, have been satisfied. 78 79 445) Pursuant to Condition #11 in Ordinance No. 2, Series of 2005, and restated in the 80 PUD Guide, it states: 'The Applicant shall install a replacement Sam's Knob 81 restaurant facility with a minimum of 125 indoor seats and an outdoor deck open 82 to the general public no later than the '07/'08 winter season, in accordance with 83 the review procedures outlined in the PUD Guide." This application represents in 84 an acceptable manner the Applicant's response to that condition. 85 86 616) Subject to addressing the recommendations in Section Three of this resolution, 87 the Minor PUD Amendment application, as more particularly described in 88 attached Exhibit "A," and incorporated herein by reference, is consistent with 89 Section 16A-5-390, Amendment of a Final PUD, of the Municipal Code, because: 90 91 a) The proposed Minor PUD Amendment remains consistent with the original 92 PUD in that a replacement restaurant is still proposed on Sam's Knob, albeit 93 proposed to be delayed; 94 b) The proposed amendment does not have a substantially adverse effect on 95 the neighborhood surrounding the land where the amendment is proposed, or 96 have a substantially adverse impact on the enjoyment of land abutting across 97 the subject property; 98 c) The proposed amendment would not change the basic character of the PUD 99 or surrounding areas; 100 d) The proposed amendment complies with the other applicable standards in 101 the Municipal Land Use and Development Code, Division 3, Planned Unit TC Ord 07-08 Page 3 of 5 102 Development, including but not limited to Section 16A-5-300(c), General 103 Restrictions, and Section 16A-5-310, Review Standards. 104 105 x}171 The Applicant satisfactorily provided at this time during a meeting on May 21, 2007 106 a time line, critical path chart or schedule of the replacement restaurant project to 107 document the approvals needed, deadlines and benchmarks, as further explained 108 in attached Exhibit"C" incorporated herein by reference. 109 Ito 7}8) The Town recognizes that the Applicant must obtain approval from the United III States Forest Service, which also has jurisdictional review and approval authority 112 for the project. 113 114 Section Two: Action. Pursuant to the findings stated in Section One of this resolution, 115 the Town Council approves the Minor PUD Amendment for the extension of the deadline 116 to construct the replacement Sam's Knob restaurant, subject to satisfactorily 117 implementing the conditions in Section Three of this ordinance. 118 I19 Section Three: Conditions. The Town Council applies the following conditions to the 120 Minor PUD Amendment application: 121 122 1) Condition #11 in Ordinance No. 2, Series of 2005, and as reiterated in the PUD 123 Guide, shall be restated as follows: 124 125 The Applicant shall install a replacement Sam's Knob restaurant facility 126 with a minimum of 125 indoor seats and an outdoor deck open to the 127 general public no later than the 08/09 winter season, in accordance with 128 the review procedures outlined in the PUD Guide." 129 130 2) The Applicant shall install temporary warming/dining facilities for the 07/08 winter 131 season on Sam's Knob. Such facilities shall consist of a minimum of one vurt to 132 hwe 24' x approximately 30' feet in diameter containing an interior serving 133 area, woodstove and seating with a total outdoor/indoor seating capacity of 134 appreximateiyat least 60 people 135 DerembAr 20, 2007 and MaFGh 27, 2009during the operational runninq of either the 136 Village Express or the Sam's Knob Express lift, as further described and illustrated 137 in attached Exhibit`B" incorporated herein by reference. 138 139 3) The Applicant shall rearrange or improve the location as needed of the temporary 140 sanitary facilities on Sam's Knob in relation to the other interim facilities 141 accordance with requirements of the Town's Building Department, the International 142 Building Code and/or the Pitkin County Health Department, and relocate the cookie 143 shack for the purpose of improving skier access and circulation prior to next year's 144 on-mountain operations in the 07/08 winter season and beyond, as generally 145 illustrated in plan view on attached Exhibit`B." 146 147 4) The Applicant shall attempt to obtain review and approval by all applicable 148 permitting agencies in a timely fashion, to the extent reasonable and practical, 149 concerning the interim facilities noted in Conditions #2 and #3 above. 150 151 5) Considering the Applicant's requirement to obtain review and approval of the 152 separate Sam's Knob replacement restaurant by two jurisdictions, the TC Ord 07-08 Page 4of5 153 accompanying Special Review application for the replacement restaurant shall be 154 given a priority basis for expeditious processing to the greatest extent feasible in 155 efforts to get the facility open and operational as soon as possible. 156 157 6) LEED (Leadership in Energy and Environmental Design) certification is an 158 important goal to be attained by the Applicant, but not to the extent of another 159 year's delay or lessening the quality of the building or the environmentally sensitive 160 nature of the building. 161 162 7) If the temporary facilities as described in Conditions 2 and 3 above are not installed 163 and fully operational via Town issuance of a temporary certificate of occupancy by 164 the time when either the Village Express or the Sam's Knob Express lift opens for 165 operation, then Town Council recommends that the Applicant be fined the 166 maximum of $1,000.00 per day, in accordance with the provisions in Section 1-72 167 of the Municipal Code, beginning the day either the Village Express or the Sam's 168 Knob Express lift opens for operation and until either one of the lifts closes in April 169 2008. 170 77- 171 748) If the new replacement restaurant is not constructed and fully operational via Town 172 issuance of a certificate of occupancy by D8Gernber 13, 2098, by the time when 173 either the Village Express or the Sam's Knob Express lift opens for operation for the 174 08/09 winter season, then the Town Council recommends that the Applicant shat! 175 be fined the maximum of $1,000.00 per day beginning the day 176 either the Village Express or the Sam's Knob Express lift opens for operation until 177 the replacement restaurant is built and fully operational under a Town issued 178 certificate of occupancy, but shall not be fined for more than one year pursuant to 179 Section 1-2-772 of the Municipal Code. 180 181 9)9) If there is any unexpected delay in the process or progress of the project, either with 182 the United States Forest Service (USFS), LEED certification or other needed or 183 desired approvals, such delay or variance from the critical timeline as further 184 described and illustrated in attached Exhibit"C" shall be immediately reported to the 185 Town of Snowmass Village. 186 187 10 Communications of all necessary or available means shall be forwarded by the 188 Applicant, and the Town if necessary, to the general public to inform them of the 189 status of the replacement restaurant or other operations on the mountain. 190 191 Section Four: Severability. If any provision of this Ordinance or application hereof to 192 any person or circumstance is held invalid, the invalidity shall not affect any other 193 provision or application of this Ordinance which can be given effect without the invalid 194 provision or application, and, to this end, the provisions of this Ordinance are severable. 195 196 INTRODUCED, READ, AND APPROVED, as amended, on first reading by the 197 Town Council of the Town of Snowmass Village, Colorado on this 18th day of June 198 2007, upon a motion made by Council Member Wilkinson and the second by Council 199 Member Soarhawk, upon a vote of 5 in favor and 0 against. 200 201 INTRODUCED, READ, AND ADOPTED on second reading by the Town Council 202 of the Town of Snowmass Village, Colorado on this 9th day of July 2007, upon a motion TC Ord 07-08 Page 5 of 5 203 made by Council Member and the second by Council Member 204 upon a vote of_ in favor and _against. 205 206 TOWN OF SNOWMASS VILLAGE 207 208 209 210 Douglas Mercatoris, Mayor 211 ATTEST: 212 213 214 215 Rhonda B. Coxon, Town Clerk 216 217 APPROVED AS TO FORM: 218 219 220 221 John C. Dresser, Jr., Town Attorney 222 223 Referenced Exhibits: 224 Exhibit "N' —Applicant's letter of description and justification with vicinity map; 225 Exhibit "B" —Applicant's letter dated June 7, 2007 and sample photographs of the interim 226 facilities planned on Sam's Knob for the 07/08 winter season; and 227 Exhibit "C" —Applicant's schedule for completion of new replacement restaurant in 2008. A17ACHMENT4 2 3 TOWN OF SNOWMASS VILLAGE 4 TOWN COUNCIL 5 6 ORDINANCE NO. 8 7 SERIES OF 2007 8 9 AN ORDINANCE APPROVING A MINOR PLANNED UNIT DEVELOPMENT (PUD) to AMENDMENT PROPOSING EXTENSION OF THE DEADLINE TO COMPLETE THE 11 SAM'S KNOB REPLACEMENT RESTAURANT. 12 13 WHEREAS, the Aspen Skiing Company ("Applicant") submitted a Special Review 14 application for the proposed Sam's Knob replacement restaurant located on Snowmass 15 Mountain as required pursuant to Ordinance No. 2, Series of 2005, on January 24, 2007; 16 and 17 18 WHEREAS, the Planning Commission acted upon Resolution No. 5, Series of 19 2007, at a public hearing on March 21, 2007 that provided recommendations to the 20 Town Council on the Special Review application for the new restaurant; and 21 22 WHEREAS, on April 9, 2007, the Applicant submitted a letter requesting 23 continuance of the initial Town Council public hearing on April 16, 2007 for the Special 24 Review application until August 2007 and a separate request to extend the deadline for 25 constructing the restaurant by one year; and 26 27 WHEREAS, at the initial public hearing before the Town Council on April 16, 28 2007, the Council considered the two requests by the Applicant for continuance of the 29 hearing and extension of the deadline, the results being that the Town Council tabled a 30 motion to consider the Applicant's request to continue the public hearing to August 2007 31 and instead continued the public hearing in the interim to May 21, 2007 until a list could 32 be developed that outlined past-due Applicant commitments or obligations together with 33 a slate of possible remedies or mitigation for such outstanding matters; and 34 35 WHEREAS, the Applicant was instructed by'Town Staff that an amendment to 36 the Final PUD via Ordinance No. 2, Series of 2005, including the PUD Guide, needed to 37 be submitted to formally request modification to the ordinance condition and PUD Guide 38 requiring the completion of the Sam's Knob replacement restaurant by the 2007/08 39 winter season; and 40 41 WHEREAS, the Minor PUD Amendment, as generally described in attached 42 Exhibit "A, was submitted by the Applicant on April 19, 2007, deemed complete for 43 referral purposes as of April 26, 2007, and referred to applicable Town Staff and the 44 Planning Commission as of April 27, 2007; and 45 46 WHEREAS, the Planning Commission acted upon Resolution No. 7, Series of 47 2007, at a public meeting held on May 2, 2007 that provided recommendations to the 48 Town Council on the Minor PUD Amendment proposing extension of the deadline for 49 completion of the Sam's Knob replacement restaurant; and 50 TC Ord 07-08 Page 2 of 5 51 WHEREAS, the Town Council was scheduled to review the Minor PUD 52 Amendment application, consider the recommendations of Town Staff, and receive 53 public comment thereon at public hearings held on May 21, , June 18, and July 9, 2007 54 and to take action upon this ordinance; and 55 56 WHEREAS, the Minor PUD Amendment application was processed in 57 accordance with Section 16A-5-390 of the Municipal Code. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of 60 Snowmass Village, as follows: 61 62 Section One: Findings. The Town Council finds that: 63 64 1) The Applicant submitted the application for the Minor PUD Amendment in 65 accordance with the provisions of the Municipal Code. 66 67 2) The application provided the "Minimum Contents" required pursuant to Sections 68 16A-5-220 and 230, and included appropriate materials in sufficient detail to 69 deem the application complete for initial review. 70 71 3) The Applicant has acceptably submitted supplemental information dated June 7, 72 2007 for consideration during the review process to present changes or updates 73 to the application for the primary purpose of responding to the concerns 74 expressed by the Town Council at a meeting on May 21, 2007. 75 76 4) All public hearing notification requirements, as specified within Section 16A-5- 77 60(b) of the Municipal Code, have been satisfied. 78 79 5) Pursuant to Condition #11 in Ordinance No. 2, Series of 2005, and restated in the 80 PUD Guide, it states: `The Applicant shall install a replacement Sam's Knob 81 restaurant facility with a minimum of 125 indoor seats and an outdoor deck open 82 to the general public no later than the '07/'08 winter season, in accordance with 83 the review procedures outlined in the PUD Guide." This application represents in 84 an acceptable manner the Applicant's response to that condition. 85 86 6) Subject to addressing the recommendations in Section Three of this resolution, 87 the Minor PUD Amendment application, as more particularly described in 88 attached Exhibit "A," and incorporated herein by reference, is consistent with 89 Section 16A-5-390, Amendment of a Final PUD, of the Municipal Code, because: 90 91 a) The proposed Minor PUD Amendment remains consistent with the original 92 PUD in that a replacement restaurant is still proposed on Sam's Knob, albeit 93 proposed to be delayed; 94 b) The proposed amendment does not have a substantially adverse effect on 95 the neighborhood surrounding the land where the amendment is proposed, or 96 have a substantially adverse impact on the enjoyment of land abutting across 97 the subject property; 98 c) The proposed amendment would not change the basic character of the PUD 99 or surrounding areas; 100 d) The proposed amendment complies with the other applicable standards in 101 the Municipal Land Use and Development Code, Division 3, Planned Unit TC Ord 07-08 Page 3 of 5 102 Development, including but not limited to Section 16A-5-300(c), General 103 Restrictions, and Section 16A-5-310, Review Standards. 104 105 7) The Applicant satisfactorily provided at this time during a meeting on May 21, 2007 106 a time line, critical path chart or schedule of the replacement restaurant project to 107 document the approvals needed, deadlines and benchmarks, as further explained 108 in attached Exhibit "C" incorporated herein by reference. 109 110 8) The Town recognizes that the Applicant must obtain approval from the United III States Forest Service, which also has jurisdictional review and approval authority 112 for the project. 113 114 Section Two: Action. Pursuant to the findings stated in Section One of this resolution, 115 the Town Council approves the Minor PUD Amendment for the extension of the deadline 116 to construct the replacement Sam's Knob restaurant, subject to satisfactorily 117 implementing the conditions in Section Three of this ordinance. 118 I l9 Section Three: Conditions. The Town Council applies the following conditions to the 120 Minor PUD Amendment application: 121 122 1) Condition #11 in Ordinance No. 2, Series of 2005, and as reiterated in the PUD 123 Guide, shall be restated as follows: 124 125 The Applicant shall install a replacement Sam's Knob restaurant facility 126 with a minimum of 125 indoor seats and an outdoor deck open to the 127 general public no later than the 08/09 winter season, in accordance with 128 the review procedures outlined in the PUD Guide." 129 130 2) The Applicant shall install temporary warming/dining facilities for the 07/08 winter 131 season on Sam's Knob. Such facilities shall consist of a minimum of one yurt 132 approximately 30 feet in diameter containing an interior serving area, woodstove 133 and seating with a total outdoor/indoor seating capacity of at least 60 people during 134 the operational running of either the Village Express or the Sam's Knob Express lift, 135 as further described and illustrated in attached Exhibit "B" incorporated herein by 136 reference. 137 138 3) The Applicant shall rearrange or improve the location as needed of the temporary 139 sanitary facilities on Sam's Knob in relation to the other interim facilities, in 140 accordance with requirements of the Town's Building Department, the International 141 Building Code and/or the Pitkin County Health Department, and relocate the cookie 142 shack for the purpose of improving skier access and circulation prior to next year's 143 on-mountain operations in the 07/08 winter season and beyond, as generally 144 illustrated in plan view on attached Exhibit"B." 145 146 4) The Applicant shall attempt to obtain review and approval by all applicable 147 permitting agencies in a timely fashion, to the extent reasonable and practical, 148 concerning the interim facilities noted in Conditions#2 and #3 above. 149 150 5) Considering the Applicant's requirement to obtain review and approval of the 151 separate Sam's Knob replacement restaurant by two jurisdictions, the 152 accompanying Special Review application for the replacement restaurant shall be TC Ord 07-08 Page 4 of 5 153 given a priority basis for expeditious processing to the greatest extent feasible in 154 efforts to get the facility open and operational as soon as possible. 155 156 6) LEED (Leadership in Energy and Environmental Design) certification is an 157 important goal to be attained by the Applicant, but not to the extent of another 158 year's delay or lessening the quality of the building or the environmentally sensitive 159 nature of the building. 160 161 7) If the temporary facilities as described in Conditions 2 and 3 above are not installed 162 and fully operational via Town issuance of a temporary certificate of occupancy by 163 the time when either the Village Express or the Sam's Knob Express lift opens for 164 operation, then Town Council recommends that the Applicant be fined the 165 maximum of $1,000.00 per day, in accordance with the provisions in Section 1-72 166 of the Municipal Code, beginning the day either the Village Express or the Sam's 167 Knob Express lift opens for operation and until either one of the lifts closes in April 168 2008. 169 170 8) If the new replacement restaurant is not constructed and fully operational via Town 171 issuance of a certificate of occupancy by the time when either the Village Express 172 or the Sam's Knob Express lift opens for operation for the 08/09 winter season, then 173 the Town Council recommends that the Applicant be fined the maximum of 174 1,000.00 per day beginning the day either the Village Express or the Sam's Knob 175 Express lift opens for operation until the replacement restaurant is built and fully 176 operational under a Town issued certificate of occupancy, but shall not be fined for 177 more than one year pursuant to Section 1-72 of the Municipal Code. 178 179 9) If there is any unexpected delay in the process or progress of the project, either with 18o the United States Forest Service (USFS), LEED certification or other needed or 181 desired approvals, such delay or variance from the critical timeline as further 182 described and illustrated in attached Exhibit"C' shall be immediately reported to the 183 Town of Snowmass Village. 184 185 10) Communications of all necessary or available means shall be forwarded by the 186 Applicant, and the Town if necessary, to the general public to inform them of the 187 status of the replacement restaurant or other operations on the mountain. 188 189 Section Four: Severabilitv. If any provision of this Ordinance or application hereof to 190 any person or circumstance is held invalid, the invalidity shall not affect any other 191 provision or application of this Ordinance which can be given effect without the invalid 192 provision or application, and, to this end, the provisions of this Ordinance are severable. 193 194 INTRODUCED, READ, AND APPROVED, as amended, on first reading by the 195 Town Council of the Town of Snowmass Village, Colorado on this 18th day of June 196 2007, upon a motion made by Council Member Wilkinson and the second by Council 197 Member Sparhawk, upon a vote of 5 in favor and 0 against. 198 199 INTRODUCED, READ, AND ADOPTED on second reading by the Town Council 200 of the Town of Snowmass Village, Colorado on this 9th day of July 2007, upon a motion 201 made by Council Member and the second by Council Member 202 upon a vote of_ in favor and _against. 203 TC Ord 07-08 Page 5 of 5 204 TOWN OF SNOWMASS VILLAGE 205 206 207 208 Douglas Mercatoris, Mayor 2o9 ATTEST: 210 211 212 213 Rhonda B. Coxon, Town Clerk 214 215 APPROVED AS TO FORM: 216 217 218 219 John C. Dresser, Jr., Town Attorney 220 221 Referenced Exhibits: 222 Exhibit "N'—Applicant's letter of description and justification with vicinity map; 223 Exhibit "B"—Applicant's letter dated June 7, 2007 and sample photographs of the interim 224 facilities planned on Sam's Knob for the 07/08 winter season; and 225 Exhibit "C" —Applicant's schedule for completion of new replacement restaurant in 2008. EXHIBIT "A" TC Ord 07-8 Page 1 of 3 Sam's Knob Restaurant/Snowmass Ski Area Minor PUD Amendment Application Description of Proposal This application requests a Minor PUD Amendment to the Snowmass Ski Area PUD to provide for a one year extension to the commitment to install a replacement restaurant facility at Sam's Knob by the 07/08 ski season as listed in the conditions of approval and PUD Guide of Ordinance 2-2005. g /Yv'gg,,5gTaL`t E t Application Contents AP;; I 'J 2007 1. Disclosure of ownership and legal description letter Sno,.wj1ssv411agc2. Vicinity map CammUnilly I?avelnpn:,.,t 3. Existing conditions survey 4. Application fee agreement 5. Application fee Review Standards Changed Circumstances. The request is made because Aspen Skiing Company will not be able to construct the restaurant during the 2007 construction season as has been planned. Schedule delays, green building guidelines, and cost increases are the factors behind our request. The Sam's Knob restaurant is reviewed under two jurisdictions, the Town and the US Forest Service. When our initial restaurant design was rejected by the Forest Service in July 2006 we were forced to completely redesign the restaurant. This redesign has set our schedule back an entire year, and while we have been working diligently under an accelerated timeline,it is now clear that we are too far behind on our design and entitlement schedule to complete the project in 2007. The second issue driving the construction delay is our internal design criteria, calling for an environmentally progressive building that will meet LEED certification specifications. The accelerated design process would have prevented as from attaining LEED certification of the building. Finally,pricing for the project increased sixty percent(60%)between January and the end of March, exceeding the budget and severely compromising the economics of the project. Extending this deadline will allow us to re-examine building systems and redesign portions of the building to bring project costs back in line. We remain con mitted to delivering a quality facility that is environmentally sensitive and that meets the expectations of the community and our guests. Sam's Knob Restaurant'Snowmass Ski Area Muior PUD Amendment Application Page I EXHIBIT "Q" TC Ord 07-8 Page 2 of 3 Consistent with original PUD. The proposed amendment is consistent with the original- PUD approval; only the timing of Sam's Knob restaurant delivery is affected, and by one season. No substantially adverse impact. The request does not provide a substantially adverse impact to the Town. The ski area has operated for the past two seasons without a restaurant at Sam's Knob, and there has been no substantially adverse impact to the Town or to our guests during that period. It is reasonable to expect that a third season of operations without the restaurant will also not substantially adversely impact the Town. No change to character. The proposed amendment does not change the basic character of the PUD or surrounding areas; only the timing of the installation of the replacement facility is affected. The restaurant design will be reviewed by the Town via the Special Review process. Comply with other applicable standards. The proposed amendment does not affect other applicable standards of Article V,Division 3;Planned Unit Development including but not limited to Section 16A-5-300(c) General Restrictions and Section 16A-5-310;Review Standards. RECEIVED APR 10, 2007 anowmassVI age r"rtttnity+ t'e•.?a rre•.t Sam's Knob Restaumtg Snowmass Ski Area Minor PUD Amendment Application Page 2 EXHIBIT "Aly TC Ord 07-8 f Page 3 of 3i..,{ ( 1. / ;` / jk r.ow I W J J 4 ell Vicinity MapASPEN(.()SNOWMASS Sain's Knob Restaurant May 9, 2006 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK ASPEN f)S N O W p ry A S S.@ ASPEN SKIING COMPANY EXHIBIT "B" TC Ord 07-8 Pagel of 4 Jim Wahlstrom Town of Snowmass Village PO Box 5010 Snowmass Village, CO 8161: June 7, 2007 Dear Jim; I am submitting for your consideration this letter addendum to our Minor PUD Amendment application for Sam's Knob Restaurant/ Snowmass Ski Area. This letter details our proposal to provide temporary dining/warming facilities at the top of Sam's Knob for the 2007/08 ski season in response to concerns raised by Town Council members during our May 21, 2007 hearing. The proposed temporary facilities will consist of one to two 24'-30' diameter yurts containing an interior serving area, woodstove and seating. Total indoor/outdoor seating capacity will be provided approximately 60 people. The indoor seating and food service will be available daily during the holiday and peak season (roughly from December 20 through March 27). Outdoor seating and dining will be available on good weather days. A site plan outlining the proposed temporary facilities is included with this letter, as are sample images of yurt exterior and interior finishes. The indoor menu will consist of pre-prepared sandwiches, soup, salads and snacks, along with hot chocolate, coffee and cold beverages. On good weather days, a bbq may be used outside to provide hamburgers, hot dogs and other grilled items. Aspen Skiing Company would like to be able to provide beer and wine at the Sam's Knob temporary facilities and requests the Town Council's endorsement of this proposal for use during licensing discussions with the Snowmass Village Liquor Licensing Authority. It is Aspen Skiing Company's intent to provide these facilities for the 07/08 season. However, numerous approvals are required that may impact the timing of delivery as well as the final character of the operation and the facilities. The US Forest Service is the pre- eminent jurisdiction for activities taking place at Sam's Knob and will require review and approval of any plans regarding temporary facilities. The Town of Snowmass Village Building Department and Liquor Licensing Authority, as well as the Pitkin County Health Department, will also have to review and approve plans for temporary facilities at Sam's Knob. P.O.Box 1248 Aspen,CO 81612.1248 970.925-1220 7 KV www.aspenscowqtass.com v d RamI.N11 C="Tilullay Developmant EXHIBIT "B" TC Ord 07-8 Page 2 of 4 Based on our addendum proposal, we are proposing that the language of Condition #11 in Ordinance No. 2, Series of 2005 and restated in the PUD Guide be amended as follows changes are in italics): The Applicant shall install a replacement Sam's Knob restaurant facility with a minimum of 125 indoor seats and an outdoor deck open to the general public no later than the X98 08109 winter season, in accordance with the review procedures outlined in the PUD Guide. In addition the Applicant shall install temporary warming/diningfacilities for the 07108 winter season. Each installation shall be subject to timely review and approval by all applicable permitting agencies, including but not limited to the US Forest Service, Town of Snowmass Village Planning and Building Departments, and the Pitkin County Health Department. " I am submitting twelve copies of this addendum per your request. Please don't hesitate to ontact me at (970) 92"s-8758 if I can answer any questions or otherwise assist in the r view of this application. i c ely, Chris Ki 2 f 1 s 1l fit , !»< ._ G 1 (- 1 it ; 1. ' f , 6 ( y 2N' f-i I J tijpr d s 1 i Sam' s Knob 07/ 08 Proposed Temporary Facilitiilmn Village Express Sam' s Knob r j Q 4 A k X Patrol L p 0 o X. CL Bathrooms 1- 2 yurts with food service and approx. 60 person indoor/ outdoor p capacity 4 e Outdoor seating area with bbq k J r not to scale Schedule Next steps: 1 . Floor plan design alternatives 2. Revisit construction means and methods modular, offsite construction) 3. Price design alternatives 4. Conclude entitlements with Town Council and USFS 5. Construction document drawings m 6. Building permit review 0 .Q J 7. Contractor and subcontractor selection w n 8. Break ground: excavation, foundation It is not likely that these steps will be completed in time to break ground this summer. Construct restaurant between April - Dec 2008 z x a m o y EXHIBIT TC Ord 07-8 n Page 2 of 3 rl 3 V .. a am z r = g 8 E v qg s r 5S E NN S v u SY % ue S c V M V 1:10 C* 0 ofXFaW SKR VE end" sonedule= 82007 ID Took Name Duredon 3md I November December j Fat Ll linim 13 12A 51611 1 M W1516 16 917/ 5V/ 137RO6ril W I&( dol7linAellil e, 111.-,' Q del ................. 1 SKR- Minor Redlesign, Continue Bisected Review 421 dew Mon WI49>' Mon 2 Radial'. Wds, Mon WVOrl' Fri 7n= 7 3 acoseped Rides" Wdas Mon 5/ 14A) 7 Wed 8127107 4 Repricingi Cmstnucadbltdy Wdo, Mon 5n28107 Fit 7007 5 ABC Imemnl review instep Mon 7/9IX) 7 Fit 72007 6 Prepare AppisabonAmendments lode, Mon 7/ 107 Fit 72= 7 7 TOSV Special Rwim 0is, Mon 7121VI) 7 Fri 18181! 8 TOSV Send name. 10 dap Mon 72307 Fit 83107 TOW Tmen( 3ours" I nrAer, 15 dap Mon 8W0I Fit 012,& r07 10 TOSV tack to Flaming Dornmisolon 15 dap Mom 827107 Frii TOSV T. Council ne, mine 15 data Mom 9/ 1707 FriI WW07 12 USFS corrodat reWe. 20 clarse Mon 7230] Fri 8117107 13 Constructed, Documents; and Rwlaw 110 dap Us. IQAMW Fri Wide 14 Condumcoswn Documents( 50% CD) 35 deep Mon 10307 Fit1 128107 16 Pniqui Form Aplicurficions, 10darys Mon, 11425A37 Fn 1280] 16 USFS 50% CID rims. 15 done Mon 12/1 0/0) Fit 102107 17 TOSV Building Fund, Was, 15" Mon 12/ I8107 Fit 1212107 Ti-S 95% CID Wide, Mon 1231K, 7 Fit WIWG 19 USFS 95% 00 renew 15cla, Mu, 018A) a Fit WM 1. Preconstruclon 190 d. w Mo. 1125107 Fri 528181 nommommoommommEw 21 C Irvctr pricing Wdays Mon 11/' 1807 Fit1/4/08 C Insalor contrast 15 days Mon lam Fit 125108 Cmtmstcir ensure trades and materials 10 days Mon IQSMS Fit MOS did. 24 Founder lm,- leud items( muses, Windom) 70 dap Mon 2181() 8 Fit 512390 lenecadx linig4rued hern.( trusses, windows) Cmsddrmulcm 175 drip Mon 4slIM Fri I213911 End 0 We. 0 done, Mon,& 21108 Mon 44!I/ W Hl Clear nos l middle 10ft, Mon 421= Fit 52438 Clear rated and ands 2-8 Excepting Willies n dap Mon 515100 Fit 53100 curnardism) Wind. 29 Foundation N dens Mon 6AY() 8 Fit6, V= anduchatim. Steed send su, sairstrustme, Food. Windows 41) con, Mon W Fit8= 4)8 teed and Superstructure, Rand, WindereareEP, Sddll, Mason, Cre". 1s, 31 MIFF, Shell, Notion, Wlly 40 cars Mon Fit lWl7M Fineman, Words, conderimutaing I() cars Mon 10= 0021 F4 101Z06 indanes, Int It eun, IN Preoosning Sdav Mon lwisnxi Fit 1019VID8 in 1 day Mon 12/ 22100 gool Tar' s Ton" and Opening" an 7:! r P External Trade Eentedifi. snedn"'—' T's mras gidermen. an". fl r -. 7. 7 ED==I Paget ADDENDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: August 6, 2007 SUBJECT: AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (30 0%)WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD) Applicant/Owner: Sanford Miller Representatives: Chuck Strasser, Partner Steve Connor, Attorney Planner: Bob Nevins, Town of Snowmass Village PREVIOUS DISCUSSION:At the July 9th Council meeting, Staff presented the project along with its findings. Craig A. Burger,P.E. of CTL Thompson, Inc,Applicant's representative, reported that the proposed residence, as designed and constructed in accordance with their recommendations,would not create greater slope instability or increase the potential risk to adjacent properties. Council requested more information concerning how much of the site contained thirty percent(30%) or greater slopes and the degree of steepness. Council also wanted the owner or designated representative(architect or attorney) to be present to address their specific concerns. After discussion,Council tabled the matter until August 6,2007. OWNER'S REPRESENTATIVES AND RESPONSE: ApplicanUowner, Sanford Miller, has authorized his partner, Chuck Strasser, to be his representative along with Attorney Steve Connor. They will both be at the meeting to answer questions by Council. Included as Attachment 3 is a written response by Stephen R. Connor on behalf of the owner. STAFF MEMORANDUM: The Staff Memo and Attachments prepared for the July 9, 2007 Town Council meeting are included in this packet as reference material. CODE REQUIREMENTS: The Municipal Code does allow development on slopes greater than thirty percent(30%)slopes in the following circumstances: 1) Ski area improvements. 2) Lots subdivided prior to January 1, 1987. 3) Man-made slopes. 4) Other circumstances. 5) Engineer's opinion. Lots with building envelopes having slopes greater than thirty percent(309b) that were approved prior to January 1, 1987 (Ridgerun, Units I-IV; Woodrum, Units I-IV; Fox Run; Melton Ranch,Units I-III; Wildridge I-II and Wildoak) may be approved administratively by the Planning Department if an Engineer's opinion addressing the review standards set forth in Municipal Code Section 16A-4-50(d)(5) is submitted with the building permit application, Lots with building envelopes having slopes greater than thirty percent(30%) that were approved after January 1, 1987 (The Divide; Horse Ranch;The Crossings; The Pines and Two Creeks), any future subdivisions/developments or relocating a previously platted envelopes within steep areas requires approval by three-quarters (3/4)of the members of Town Council as set forth in Municipal Code Section 16A-4-50(d)(4) and the submittal of an Engineer's opinion addressing the review standards in Municipal Code Section 16A-4-50(d)(5) as part of the building permit application. It was believed the more stringent requirements and super majority vote by Town Council would not apply to these newly approved subdivisions because the steep slopes had been avoided based on the information provided at the time. The standard that the applicant demonstrate they are unable to avoid thirty percent(30%)slope areas was intended to be applied to requests for the modification or relocation of previously approved building envelopes. It was not anticipated that there would be an issue concerning thirty percent(30%) slopes with post-1987 platted lots. However, now with more detailed, site-specific topographic mapping, it has become apparent that certain lots, particularly in The Pines subdivision, contain platted building envelopes with thirty percent (30%) slopes and therefore require Council approval rather than being handled administratively as part of the building permit application process. ADDITIONAL OPTIONS: Staff has also prepared other options for Council to consider as part of Section V. Discussion Items and Implications (see attached 7-9-07 Staff Memorandum). Alternative C outlines the pros and cons of denying the request or reducing the allowable FAR for Lot 28,The Pines. C. What if it is not possible to construct a single-family home within the platted building envelope or elsewhere on the property on slopes less than 30%; and what if the development and environmental impacts have not been sufficiently addressed to minimize slope instability and safety hazards? iii. Option 3-Reduce the allowable FAR of 5,500 sf within the existing or relocated building envelope. Pros: Minimize the impacts to 30%slopes by allowing a smaller more compact residential footprint; minimize cuts/fills by requiring the home to "step" down the slope; and lessen the visual impacts from Mountain Crest Lane. Cons: A reduction in FAR may be viewed as a "taking" appraised actual values for homes in The Pines is currently about 830/so; and building area may still contain some areas having thirty percent(30%)or greater slopes. iv. Option 4-Deny the request to construct a home on the lot. Pros: Retains the property in its current undeveloped state. Cons: Not allowing a home to be built on a previously approved lot may be viewed as a"taking" (appraised actual values for undeveloped lots in The Pines is currently about$2,750,000); the property may still contain some areas of slope instability and may pose a risk to adjacent properties. STAFF RECOMMENDATION: Based upon further review of the Municipal Code, land use application,proposed plans/sections and engineer's letter, Staff reaffirms the following findings: a. The development is unable to avoid the steep slopes, and that is impractical to relocate or reconfigure the building envelope to lessen the amount of area with thirty percent(30%) slopes or minimize the impacts; and b. The development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare based on the information and plans provided. Therefore, Staff recommends: Approve first reading of the Ordinance by three-quarters(3/4) of the members of the Town Council present and voting. Attachments: Letter by Stephen R. Connor Staff Memorandum-July 9, 2007 Town Council Ordinance No. 14, Series of 2007 ATTACHMENT 3 APPLICANT RESPONSE LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR,ASPEN PLAZA BUILDING 593 EAST HOPMNS AVENUE ASPEN,COLORADO 81611 LEONARD M.OATES TELEPHONE f970)920-1700 RICHARD A.KNEZEVICH FACSIMILE(970)9204121 TED 0.GARDENSWARTZ DAVID S.KELLY MARIA MORROW scanner ok9law.com OF COUNSEL:6cect telephone(970)9234276 JOHN T KELLY Dlrecl Facsimile(303)265-9076 STEPHEN R.CONNOR_ ANNE MARIE MCPHEE STACY FEINBERG• LKensed In CA,Not Ilcansed M Co July 31, 2007 Bob Nevins, Assistant Town Planner Town of Snowmass Village Post Office Box 5010 Snowmass Village, Colorado 81615 RE: Sanford Miller application under Section 16A-4-50, Pines Lot 28 Dear Bob: Sanford Miller has filed with the Town an Authorization to Represent Applicant authorizing Charles Strasser, his business associate, and myself to represent Mr. Miller in his application for approval of the construction of a detached single familydwelling on Pines Lot 28 within the platted Major Structure Location Envelope due to the existence of 30% slopes. In your memoranda to the Town Council for the July 9"and August 61b meetings, you accurately describe the problem, the applicable Municipal Code section, 16A-4-50, the compliance with the Code section by the applicant and the action that must be taken by the Town Council. Section 16A-5-40 is an omnibus provision that incorporates the broad definition of development from Section 16A-2-20. Development does include the construction of a single family residence. When the Municipal Code was revised and reenacted in 1994, the provisions contained in Section 16A-5-40 were intended to apply to the review and approval of subdivisions such as the Pines and to incorporate provisions from the Chapter 16 of the prior Municipal Code addressing slope issues essentially in the Ridge Run and Wood Run subdivisions. The updated submittal requirements for subdivision approval contained in Chapter 16A were intended to identify natural hazard areas so that Mr. Miller's application would be unnecessary. As was discussed at the July 91' Town Council meeting, due to the nature of the aerial topographic mapping that was accepted by the Town as the Site Characteristics Map during the review and approval of the East Village PUD by Ordinance No. 6, Series of 1994, instances have subsequently been discovered where site conditions exist that were not accurately depicted in the mapping. Ordinance No.6 in approving the East Village PUD,approved the platting of Mr. Miller's lot and the Major Structure Location Envelope. Slope conditions within the approved Major Structure Location Envelopes that exceed 30% were found to exist on Pines Lot 34 and Lot 36 in addition to those on Mr. Miller's lot. Development on Lot 34 and Lot 36 was approved by the Town Council by Ordinance No. 14, Series of 2003 and by Ordinance No. 14, Series of 2005, respectively. Both Ordinances contain the same findings as required by Section 16A-4-50,as are stated in proposed Ordinance No. 14, Series of 2007. A major difference exists regarding Mr. Miller's application. Not only does the soils report from Craig A. Burger, P.E. of CTL Thompson satisfy the engineer's opinion required by Section 16A-4-50(d)(5),but Mr.Burger stated atthe July 9th Town Council meeting that it was his opinion that the slope conditions would actually be made more stable due to the construction of the detached single family dwelling as proposed by Mr. Miller than in their current natural condition due to the removal of the weight of existing soil and lessening the stress on the Town road side retaining wall. The pertinent provisions of Section 16A-4-50 are and the compliance there with by Mr. Miller are as follows: 4) Other circumstances. The Town Council may authorize development on slopes greater than thirty percent (30%) in circumstances not listed above if at least three-quarters (3/e) of the members of the Town Council present and voting approve an ordinance finding that: a. The development is unable to avoid the steep slopes, and the reasons therefor; and Compliance: The use by right on is for a detached single family dwelling unit with a 5500 square foot FAR. Due to the topographic limitations within the Major Structure Location Envelope it is not feasible to avoid 30% slopes to exercise the authorised use. The topographic condition was not created by Mr. Miller or his predecessors in title. The approval of Ordinance No. 6, Series of 1994 establishes the right to develop a detached single family dwelling unit within the approved and platted Major Structure Location Envelope. b.On the basis of competent engineering or geologic reports and data and testimony received, the design and/or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare. Compliance: The CTL Thompson report meets the requirements of Section 16A-4-50(d)(5) and states that the construction of the proposed detached single family dwelling with the incorporation of the design recommendations will increase the factor of safety for the slope,thereby satisfactorily mitigating the risk of potential harm to the public health, safety and welfare. 5)Engineer's opinion. For the Town to allow development under any of the above circumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a. The slope is not prone to instability or failure; or Compliance: The CTL Thompson report states that the"... the slope is not prone to instability or failure ... ." b. The proposed development will not cause greater slope instability or increase the potential for slope failure,and that therefore,there will be no significant risk that damage to adjacent property will result from the proposed construction. Compliance: The CTL Thompson report states that"...the proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction ... ." All review criteria for approval of Mr. Miller's application of Ordinance No. 14, Series of 2007 has been met. The Town Council is respectfully requested to approve Ordinance No. 14, Series of 2007 without further delay as all conditions precedent set forth in the applicable Municipal Code sections have been met. Thank you for your assistance. Should you have any questions,please contact me. Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ$KELLY, P.C. By: Stephen R. Connor SRC/sc MEMORANDUM TO: Snowmass Village Town Council FROM: Planning Department DATE: July 9, 2007 SUBJECT: (AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER THAN THIRTY PERCENT (309/6) WITHIN LOT 28, PARCEL G-THE PINES, EAST VILLAGE PUD) Pursuant to Section 16A-4-50, Geologic hazard areas, steep slopes and ridgeline protection areas, Town of Snowmass Village Municipal Code ("Municipal Code"), Applicant is seeking approval to construct a single-family residence on slopes greater than thirty percent (30%) within the platted building envelope of Lot 28, Parcel G-The Pines, East Village Planned Unit Development. Applicant:Mr. Sanford Miller Representatives: Thomas Epps, Thomas Epps Architect(TEA) Craig Burger, P.E., CTL Thompson Planner: Bob Nevins,Town of Snowmass Village I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL Since steep slopes are prone to erosion and soil instability, are difficult to revegetate and may also be subject to geologic hazards,Municipal Code Section 16A-4-50 ensures that development does not occur on slopes that are excessively steep,unstable or hazardous. The current Municipal Code prohibits development on slopes greater than thirty percent(30%), except in certain circumstances. Development may be allowed on lots and within approved building envelopes containing areas of slopes greater than thirty percent(30%) if the lot was subdivided prior to January 1, 1987 or other circumstances. Lot 28,The Pines was platted October 15, 1994 and the building envelope contains slopes thirty percent(30%)or greater. Pursuant to Municipal Code Section 16A-4-50(d)(4) Other circumstances,Town Council may authorize development on slopes greater than thirty percent(30%)for this type of situation. Applicant,owner of Lot 28,The Pines, is seeking authorization from Town Council to construct a single-family house within the existing,platted building envelope on slopes thirty percent (30%) or greater. Town Council shall approve,approve with conditions or deny first reading of the Ordinance. Note: Action requires three-quarters (3/4)of the members of the Town Council present and voting to approve the Ordinance. There are no public notice requirements for this type of application. II. SUMMARY OF PROJECT DESCRIPTION The undeveloped single-family lot contains approximately 37,766 square feet 0.867 acres)within the MU/PUD Mixed Used Planned Unit Development zone district. The allowable FAR is 5,500 square feet and the maximum height for principal buildings is twenty-eight(28)feet. The lot is bounded on three(3) sides by Mountain.Crest Lane. Applicant is requesting approval to construct a new, single-family residence within the existing,platted building envelope(see Attachment 1-Land Use Application). The approved envelope contains slopes thirty percent(30%) or greater. The steep slopes are located within the central portion of the site so it is not practical to entirely relocate or reconfigure the building envelope onto gentler slopes. Natural slopes on the site are between fifteen and fifty percent(15-50%). III. BACKGROUND The East Village Planned Unit Development was platted in 1994 and includes The Pines and Two Creeks Subdivisions. The Pines contains fifty-one(51)single- family homesites ranging in size from 0.472 to 15.772 acres. All lots have a designated Major Structure Location Envelope(building envelope) within which all site improvements are to be located. The Site Characteristics Plan for the East Village PUD identified those areas having thirty percent(30%)or greater slopes; Lot 28 was shown as having no steep slopes (see Attachment 2). . Town Council has approved other recent requests to develop on slopes greater than thirty percent(30%) within previously approved building envelopes on lots subdivided after January 1, 1987. These approvals include: Lot 34,The Pines TC Ordinance No. 14, Series of 2003) and Lot 36,The Pines (TC Ordinance No. 14, Series of 2005). IV. APPLICABLE REGULATIONS Municipal Code Section 16A-4-50(d)(4) Other circumstances states "The Town Council may authorize development on slopes greater than thirty percent(30%) in circumstances not listed above if at least three-quarters (3/4) of the members of the Town Council present and voting approve an ordinance finding that: a. The development is unable to avoid the steep slopes, and the reasons therefore; and b. On the basis of competent engineering or geologic reports and data and testimony received,the design and/or construction techniques that will be incorporated within the development will satisfactorily mitigate the risk of potential harm to the public health,safety or welfare. Additionally, Municipal Code Section 16A-4-50(d)(5) Engineer's opinion requires "For the Town to allow development under any of the above cir- cumstances, the applicant shall provide an opinion from a professional geotechnical engineer licensed in the State stating that: a. The slope is not prone to instability or failure;or b. The proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore, there will be no significant risk that damage to adjacent property will result from the proposed construction." A Slope Stability Assessment by Craig A. Burger, P.E. of CTL Thompson, Inc. is attached as Exhibit A. The proposed Site/Grading Plan and Section are included as Exhibit B. V. DISCUSION ITEMS: ALTERNATIVES AND IMPLICATIONS A. Is it feasible to develop a single-family home within the platted building envelope; are development and environmental impacts addressed to minimize slope instability and safety hazards? i. Option 1-Utilize existing platted building envelope 1. Pros: Based on the site geologic conditions, the proposed residence is feasible with minimal risks; proposed building steps" down the hillside to minimize cuts/fills; and visual impacts from Mountain Crest Lane are minimized. 2. Cons: Building area contains some areas having thirty percent 30%) or greater slopes. B. Is it practical to relocate or reconfigure the existing platted building envelope to minimize development and environmental impacts without increasing slope instability and safety hazards? ii. Option 2-Relocate or reconfigure existing, platted building envelope 1. Pros: May decrease the total area of thirty percent(30%) slopes within the revised building envelope. 2. Cons: A revised building envelope would still contain slopes greater than thirty percent(30%);the building would still be required to"step"down the hillside to minimize cuts/fills; visual impacts to adjoining lots may be increased; and a replatting of the building envelope would be required. VI. STAFF RECOMMENDATIONS AND FINDINGS For Town Council to authorize development on slopes thirty percent (30%) or greater within a building envelope of a lot platted after January 1, 1987, an Applicant must satisfy the standards set forth in Municipal Code Section 16A-4- 50(d)(4) as detailed in Section IV above. Based on a review of the application, the proposed plans/sections and engineer's letter, Staff believes: a. The development is unable to avoid the steep slopes, and that is impractical to relocate or reconfigure the building envelope to lessen the amount of area with thirty percent(30%) slopes or minimize the impacts; and b. The development will satisfactorily mitigate the risk of potential harm to the public health, safety or welfare based on the information and plans provided. Therefore, Staff recommends: Approve first reading of the Ordinance by three-quarters (3/4) of the members of the Town Council present and voting. VII. NEXT STEPS If Option I passes-set a date for second reading of the Ordinance. If Option 2 passes-establish the required information that needs to be submitted; amend the application; and set a date for second reading of the Ordinance. Attachments: Attachment 1-Land Use Application Attachment 2-Site Characteristics Plan Town Council Ordinance No. 14,Series of 2007 Exhibit A-Slope Stability Assessment Letter Exhibit B-Site/Grading Plan and Building Section ATTACHMENT 1 APPLICATION TOWN OF SNOWMASS VILLAGE VARIANCE PLANNING COMMISSION APPLICATION A variance is a deviation from the standards of the Snowmass village Municipal Code (the "Code") that is necessitated by special circumstances or conditions (such as exceptional topography, or the narrowness, shallowness or shape of a particular piece of property), that would create practical difficulties for, or an unusual hardship upon, the owners of the land if the provision of the Code were to be strictly enforced. Any variance shall be the minimum adjustment necessary for the reasonable use of the land or structure. GENERAL DATA REQUIREMENTS Date: 0&1 °aG 1 •O 7 Name of owner. MR. ^a4N O M Address:tea.` MNA f*,*64H Fl. 32115 Phone: 3810 238-7035 mFFIGa Name of Applicant(if different than owner): 'THOMAS E Address: L09G ,QNT , CO 6056 1 Phone: C41j 3 466- 6&a 01-6%1 CS Physical Address of Prope : 0664 M6U/JT4 CftST- ZNMMM5 V C0 Legal Description: WT 28 _'r{E flay EXISTING CONDITION INFORMATION Present Zoning: ftg1p&y' AL. Lot Area(sq.ft): 3"1#7fpfp,Q2 Building Setbacks(ft): Allowable Floor Area Ratio per Zoning or PUD Plan: 15,5 O SF Square Footage of All Areas Calculated as Floor Area by Code: Existing Building Height(if applicable): N/A of Parking Spaces and Bedrooms(if applicable): PROPOSAL DATA Only fill in those that apply) Proposed Building Setbacks: Proposed Floor Area: 5,1600 SF Proposed Building Height. 28 F R M", 4T. Proposed#of Parking Spaces: Other. PAGE1 VARIANCE PROVIDE A WRITTEN DESCRIPTION OF YOUR PROPOSED VARIANCE WHE NOW =f-J dt. AMWAte -P t.® Q. 51N66e-SWW ftsplpa4m &F i5il 5F W18 lIN 1 l D UIUDIti1C lY AT LDTSS- date FiNea 5013gVlglt93 1. PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1. Disclosure of Ownership. A certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages,judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages,judgments, liens, contracts,easements or agreements of record may be required to consent to the application before it is acted upon by the Town. 2. Vicinity Map. An eight and one-half inch by eleven inch (6 1/2"x 11")Vicinity map locating the subject parcel within the Town of Snowmass Village. 3. Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet(1"= 100') or larger, on sheets no larger than thirty inches by forty-two inches(30"x 47),with an unencumbered margin of one and one-half inches(1.5") on the left hand side of the sheet and one-half inch(0.51 around the other three(3)sides of the sheet Sheets of twenty-four by thirty six inches (24" x 36') are preferred. If it is necessary to place information on more than one(1) sheet, an index shall be included on the first sheet Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches(11"x 1T'),shall also be submitted. 4. Site Plan. A site plan of the subject property,showing existing improvements and proposed development features that are relevant to the review of the proposed variance application. 5. Base Fee.The application shall be accompanied by the applicable base fee from the Building and Planning Department's fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen(15)days of the date of billing. 6. Other Information.The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed variance, such as proposed building elevations. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. REVIEW STANDARDS An application for a variance shall comply with all of the folipwing standards: 1. Special Circumstances Exist. There are special circumstances or conditions, such as exceptional topography, or the narrowness, shallowness,or shape of the property,that are peculiar to the land or building for which the variance is sought, and do not apply generally to land or buildings in the,neighborhood. PAGE VARIANCE 2. Not Result of Applicant. The special circumstances and conditions have not resulted from any act of the applicant 3.Strict Application Causes Practical Difficulties. The special circumstances and conditions are such that the strict application of the provisions of this Development Code would result in practical difficulties to an undue hardship upon the use of the land or building. 4.Necessary to Relieve Practical Difficulties.The granting of the variance is necessary to relieve the applicant of the practical difficulties and undue hardship in the use of the land or building and is the minimum variance that could be granted to achieve said relief. 5. Not Adversely Affect Neighborhood. The granting of the variance will not change the character or otherwise adversely affect the neighborhood surrounding the land where the variance is proposed,will not have a substantially adverse impact on the enjoyment of land abutting upon or across the street from the property in question,will not impair an adequate supply of light or air to adjacent property, will not increase the danger of fire or otherwise endanger public safety or the public interest, and will not substantially diminish or impair property values within the neighborhood. 6. Harmony with Development Code. The granting of the variance will be in harmony with the purposes and intent of this Development Code, including the intent of the underlying zone district. No variance shall be approved that permits the construction or enlargement of any building or decks and related structures for any use prohibited in the underlying zone district 7. Consistent with Comprehensive Plan. The granting of the variance will be consistent with the intent of the Comprehensive Plan. HOW DOES YOUR APPLICATION COMPLY WITH THE REVIEW STANDARDS? For your information: the Town Planner, Planning Commission or Town Council shall not grant a variance from the provisions of the Code unless, based on the evidence presented,the proposal is found to be consistent with all of the review standards of the Snowmass Village Municipal Code.) 1. Special Circumstances: e LDING W'26-7kE S S S T d o D SO-A O 2. Result of Applicant ctsTtNG lbr-bs wry I,car Msc LT'*M of 60I6t2 oR A PU CAr " T. 3. Practical Difficulties:: gw a4 ammo I,oTiZ W EMP 114 • t NoT ut a tI. 4. Relief from Difficulties: PAGE 3 VARIANCE w , vim r® 5. Impact on Neighborhood: Y[=1ti 1All ld. B I dAT old "IFI UIIIA. AQWF 6. Harmony with Code: Wl Wll 1.C BiAPLY WM AAA,AROWM .D AAUMCI PAL, tS X*9 . 7. Consistent with Comprehensive Plan: Wwlllw t aE S(N-"- Ott% FbM aPN6 LLOW C81J31'tY rr AS A%jal 1 I.IG. RULES OF PROCEDURE The following procedures shall apply to an application for a variance (see attached figure: Variance Application Procedures). 1. Pre-Application Conference. Attendance at a pre-application conference is optional prior to submission of a variance application. 2. Submission of Application. The applicant shall submit an application to the Planning Department 3. Staff Review. Staff review of the application. 4. Action By Planning Commission. A complete copy of the application shall be forwarded to the Planning Commission, together with a copy of the staff review. Public notice that the Planning Commission will consider the application shall be given by publication, posting and mailing notice. The Planning Commission shall hold a public hearing to consider the application, which shall be conducted pursuant to Section 5-160 (B) of the Code. The Planning Commission shall Consider all - relevant materials and testimony, shall consider the variance standards of the Code, and shall approve,approve with conditions,or deny the application. 5. Appeal. A decision by the Planning Commission on a variance application may be appealed, pursuant to Section 5-170 of the Code. The appeal shall be referred to the Town Council, which shall consider the matter pursuant to Section 5-170(D)of the Code. MANNER AND TIMING OF PUBLIC NOTICE Public notice is required and shall be given by publication of notice in the newspaper, mailing of notice to property owners surrounding the subject property,and posting of notice on the property,as specified below. PAGE VARIANCE surn 91u au: sr L mml r mmaar iuw:— m0laaam! Y!r t•. a'!i mmJ\11a1•w,11a5 mi t 4 Im} lrwr aylll l:al Ll'lt1 l'.\'\1{_'. aLV\la'7s/1 A/It v,als a\\'1C 11\1m I!-Lam.' C.•.if` c/IIrBI s wACY.a ei.tl\•1FlflY alYY!3t s/nau Y v:aa'.r._c.wvmr\m.! - •--amn'm! rsavac s rnaC Y>•^a.1 1 LOIJ i'J_ a r Jmrrui i +._ v.rri_c+ ma lx.a asJmi i aaa a\VLAmmL wi••l aalt• A RL 7— a J.•na r-:r'a.ar.rte tea rnu w LrLI•- J•/gym i r SSLI a'faw .. M.J!/J r• J r== !isms]IUA >t[r• Y/L'V/Y ial Ir!' Yg rt_. LIiM•r• yIINILNti aL!Yrm\! 1fJJw Y Y.>• rm+rwrrn'ara!:>•' aaa Ia- . wsua rws'art mLI/BLli ilm N S w 1F1/1r!'I I/LiLai i J' IILI..TIII fI al mmYS 1m L7[ almm[> IB8/rAYA]>_I rmlwY C17 e m iff/!T7_1Yl dal alw ralYr/ mar! sBO If/lla al.. 1SY—Jm4/TZ'J/lar' I as t' fmI—lYIrbN,i mom m— m Jwwwaar i vu mr ima cl aw amraw r ,_s„u:o• eaar raammrma_ mau a alraal mm- a_ Yw aFl lJ! ap [`_ 1N Ol.ammllSYllF m\/ alai f 1p1HlBL' i t rp0 '_ v xsiNaai/am rwLaoiia air i rr r J caly L mwt•^t, L/ aar! r ire auc.n al riri+r.• I r \•i r_rt>•r_\1_v.a roc io^ea l wa ; i + aam re. .ti 1,w L 'a^4,Im rr wr iMrrrLLrmaa! mlr amai vrrr L.r rr vs s lm. awa! J, . w rma.rrinam_ LY_ aamr u;+rvBi r. frmmlr>.uaL!auYJa J 1 -. a>AL. v--ram r rmrrw:nmmm marara iva!•.wu/r 1/si amrrrra:s[rlwm! v_•' Jr fI 4r 7:BJImImIW lm0i CIDwi. ra-lrr a raammsm eo• I!S NJILm rm amm a'4J I/an I17fICA/"y/aa ml r1 1 t• =mil— i I L//lLi1— amt w IF, l YfiT.I'i J—L//l)/ w, aw wi /.wrue4-' •I v7rBOisirra iz1 iJ. wvsJr! r.lsrllm- A Al 1 TOWN OF SNOWMASS VILLAGE 2 TOWN COUNCIL 3 4 ORDINANCE No. 14 5 SERIES OF 2007 6 7 AN ORDINANCE CONCERNING DEVELOPMENT ON SLOPES GREATER 8 THAN THIRTY PERCENT (30%) WITHIN LOT 28, PARCEL G-THE PINES, 9 EAST VILLAGE PUD. 10 11 WHEREAS, Town Council Ordinance No. 6, Series of 1994 ("Ordinance 12 6"), granted approval for the East Village Planned Unit Development ("East Village 13 PUD") thereby authorizing the platting and sale of fifty-one (51) single- family 14 residential lots within Parcel G —The Pines; and 15 16 WHEREAS, a building permit application has been filed with the Town of 17 Snowmass Village (the "Town") Building Department requesting approval to 18 construct a single-family residence within Lot 28, Parcel G-The Pines; and 19 20 WHEREAS, a review of the site plan and topographic information that was 21 submitted with the permit application, attached hereto as Exhibit "A", indicates that 22 the proposed residence, driveway and portions of the parking area are located 23 within areas containing slopes greater than thirty percent (30%); and 24 25 WHEREAS, Paragraph 6 of Section Two, Action, of Ordinance 6 approved 26 the construction of roads within the subdivision across slopes in excess of thirty 27 percent (30%) only as identified in the application; and 28 29 WHEREAS, said Ordinance did not address the probability that areas within 30 the platted lots may contain slopes greater than thirty percent (30%), Chapter 16 31 of the Town of Snowmass Village Municipal Code ("Municipal Code") in effect at 32 that time did permit driveways to cross thirty percent (30%) slopes, provided 33 approval was given by the Town Council; and 34 35 WHEREAS, Section 16A-4-50(d)(4) of the current Municipal Code enables 36 the Town Council to authorize development on slopes greater than thirty percent 37 (30%) in circumstances such as those presented by the site plan and topographic 38 information if at least three-quarters(3/4) of the members of the Town Council 39 present and voting approve an ordinance finding that: a)the development is unable 40 to avoid the steep slopes, and the reasons therefore; and b) on the basis of 41 competent engineering or geologic reports and data and testimony received, the 42 design and/or construction techniques that will be incorporated within the 43 development will satisfactorily mitigate the risk of potential harm to the public 44 health, safety or welfare; and 45 TC Ord 07-14 Page 2 46 WHEREAS, the Town Council has considered the Applicant's written 47 responses to Municipal Code Section 16A-4-50(a) from Thomas Epps Architect 48 (TEA), attached hereto as Exhibit "B" and Municipal Code Section 16A-4-50(b) 49 regarding site/slope stability analysis from CTL Thompson, Incorporated, attached 50 hereto as Exhibit"C' and the recommendations of the Town Planning Staff; and 51 52 WHEREAS, the Town Council finds that the procedure and requirements 53 set forth in Section 16A-4-50(d)(4) of the Municipal Code have been satisfied 54 concerning development on Lot 28, Parcel G-The Pines, within areas containing 55 slopes greater than thirty percent (30%) in that: 56 57 1. The residential development, driveway and parking area are unable to 58 avoid the steep slopes for the reasons stated within Exhibit "B"; and 59 60 2. The design and construction techniques that will be incorporated within the 61 development will satisfactorily mitigate the risk of potential harm to the 62 public health, safety or welfare as stated within Exhibit "C"; and 63 64 WHEREAS, the Town Council further finds that the adoption of this 65 Ordinance is necessary for the immediate preservation of the public health, safety 66 and welfare. 67 68 NOW, THEREFORE, BE IT ORDAINED, by the Town Council of the Town 69 of Snowmass Village, as follows: 70 71 1. Authorization. The Town Council, by an affirmative vote of at least three 72 quarters (3/a) of its members present and voting, hereby authorize development 73 within Lot 28, Parcel G-The Pines, as shown on Exhibit"A", subject to the 74 Applicant submitting a soils report and specific engineered design proposal, 75 including an opinion from a professional geotechnical engineer licensed in the 76 State stating that: a. the slope is not prone to instability or failure; or b. that the 77 proposed development will not cause greater slope instability or increase the 78 potential for slope failure, and that therefore, there will be no significant risk that 79 damage to adjacent property will result from the proposed construction. 80 81 2. Severability. If any provision of this Ordinance or application hereof to any 82 person or circumstance is held invalid, the invalidity shall not affect any other 83 provision or application of this Ordinance which can be given effect without the 84 invalid provision or application, and, to this end, the provisions of this Ordinance 85 are severable. 86 87 88 TC Ord 07-14 Page 3 89 INTRODUCED, READ AND TABLED, by the Town Council of the Town of 90 Snowmass Village on July 9, 2007 upon a motion by Mayor Mercatoris, the 91 second of Council Member Wilkinson, and a vote of 5 in favor and 0 against. 92 93 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 94 Snowmass Village on First Reading on August 6, 2007 upon a motion made by 95 Council Member the second of Council Member and a 96 vote of_ in favor and _opposed. 97 98 READ, APPROVED AND ADOPTED, by the Town Council of the Town of 99 Snowmass Village on Second Reading on —_, 2007 upon a motion made by 100 Council Member the second of Council Member 101 and a vote of_ in favor and _opposed. 102 103 104 TOWN OF SNOWMASS VILLAGE 105 106 107 108 Douglas Mercatoris, Mayor 109 110 11i ATTEST: 112 113 114 115 Rhonda B. Coxon, Town Clerk 116 117 118 APPROVED AS TO FORM: 119 120 121 122 John C. Dresser, Jr., Town Attorney Exhibit "A" TC Ordinance No.14, Series of 2007 Page i of 2)C T L I T H O M P S O N June 21, 2007 Benson Design & Building, Inc. P.O. Box 6030 Snowmass Village, CO 81615 Attention: Mr. Jim Benson Subject:Slope Stability Assessment Lot 28, The Pines Snowmass Village, Colorado Project No. GSO4889-120 This letter addresses existing slope stabilil y conditions on Lot 28 of The Pines and the effects of planned construction of the residence on slope stability as required by the Town of Snowmass Village Code, Article IV, Division 1, Section 16A-4-50 (5) a and b. We have reviewed site plans by Thomas Epps Architect dated March 23, 2007) and developed building sections for the residence. We previously conducted a soils and foundation investigation for the proposed residence(CTL I T Project No. GSO4889-120, dated November 29, 2006). The residence will be a two-story structure benched into the natural slope of the site. Maximum planned excavations into the natural slopes are about 13 feet below existing ground surface. A site retaining wall and the back foundation wall will be designed to retain the hillside. if plans change significantly from those described above, we should be contacted for review and additional analysis, as needed. Soils on Lot 28 of The Pines consist of sandy clay with shale fragments above Mancos Shale bedrock. Some shale fragments are likely boulder-sized. The sandy clay and shale fragments were weathered in-place from the Mancos Shale or transported down slope by gravity. The bedding in the Mancos Shale dips at about 15 degrees down to the north-northeast in the area. 'The natural slopes on the site are between 15 and 50 percent. An existing retaining wall about 8 feet high is below the building envelope on the lot. There are not indications of seepage or shallow ground water on the hillside. The site plan provided, sections developed, and information from our exploratory borings indicate that the uphill building cuts will likely bottom in the overburden clay soil. The dip angle of the bedrock below the clay is not 234 Center Drive I Glenwood Springs, Colorado 81601 Talanhone: 970.945-2809 Fax: 970-945-7411 Exhibit "A" TC Ordinance No.14, Series of 2007 Page 2 of 2) unfavorable for site development. In our opinion, the proposed residence on Lot 28, The Pines is feasible based on the geologic conditions. A representative of CTL I Thompson, Inc, should review the cut slope conditions at the time of construction for additional slope stability information. Excavation retention will likely be required to construct the residence. The uphill building walls and retaining walls should be designed to retain the entire cut slope including height to achieve positive slope away from the buildings for at least 5 feet If design or excavation conditions change from those described above we should be contacted to re-evaluate our recommendations presented in this letter, Our slope stability analysis indicates the existing slope is at a factor of safety against slope movement of about I.S. Removing soil weight from the slope and construction of the residence will likely increase the factor of safety to about 2.0. In our opinion, the slope is not prone to instability or failure and the proposed development will not cause greater slope instability or increase the potential for slope failure, and that therefore there will be no significant risk that damage to adjacent property will result from the proposed construction. We did not evaluate the construction or design of the existing retaining wall below the building envelope. The site plan indicates that the residence is located a sufficient horizontal distance from the retaining wall. We have not evaluated stability of slopes during excavation. We appreciate the opportunity to work with you on this project Please call if you have questions. Very Truly Yours CTL I THOMPSON, INC. Craig A. Burget,P.-E. Project Manager CAB:cd Y Z 5 copies sent)< BENSON DESIGN&BUILDING,INC. 2LOT28,THE PINE PROJECT NO GSO4889.120 S\G80e009,000 QW,Lett..%G000009120 LtAW ANN I////% y PRIOR Ewa WIN if Exhibit' S TC Crdlnenee a" 2of Serles of 2007 M Page 20l/ J)/ o` 9 94 RFsT/ N I 0T. 30 9dE 1 a 7toy r 1090 I S I 1116 s. r3' T !;• 124 T ue 4r• m. 1 M 124 o a6 G Hi,I, 1• 1 \{ LC,y l a cis it ACT GRADIN T iYp 2y ousiLVCloro9 JJq v 7` ' r T B O Fqs la Y } 9121- V= srolnEyAnoea l 1 trwewcwwe I'F e' en• . I i Ts WA F °"° 0N 1363aJ P PF N N 4 Proposed Site/ Grading Plan n NOTE: prepared by Thomas Epps Architect CrEA), o e + e w er. WMs FMM wwuta: nrn+ P p 1y 7 nroweiaiawxoxousT WN. A, xa O' r1 j6 I I ; qq FFFFFF I t ' t i'la 1 tY h : Iq VIII I ', I sl ( yI! tli 1 I • at 9 It q i l d1 IV 1 d ' p kf ` IY 1' i u,, N' r g 3,d ry7 tri'V f f ' ,'. !. la i, i1' ° d i ' Ib MI; 14 { d 411y:} p Y CIt I I lam` i R- i I ' tl Ih I• vk P 1 , q 8'' 994 I : ilt d'. 1 t C r e= 6? ti. € RI, 16 wb Ir4 tl€ Ir=l t! q 1`• nV ' ll l 4. r r• r r r C rr MEMORANDUM TO: Snowmass Village Town Council FROM: Russell Forrest, Chris Conrad, Jason Haber, David Peckler, Kathleen Wanatowicz DATE: August 3, 2007 SUBJECT: TARGETED UPDATE TO THE 1998 COMPREHENSIVE PLAN AND WEST VILLAGE PLAN: Consulting Team Selection & Contract Negotiation I.PURPOSE AND ACTIONS REQUESTED OF COUNCIL: Staff is requesting that Town Council allow staff to negotiate a contract for a targeted update to the Comprehensive Plan with consulting firm Winston and Associates. Staff plans to review the contract and budget for the project with the Town Council on August 20, 2007. II.BACKGROUND A. The Town issued a request for proposals to complete a targeted update of the Comprehensive Plan on June 5, 2007. B. The Town received 5 proposals. Four teams were interviewed after an initial staff review of the proposals. C. On Thursday, August 2nd the Comp Plan Steering Committee and Town Staff interviewed four consulting teams to guide the update to the Comprehensive Plan and continue work on the West Village Mall plan. Each team gave a presentation and answered questions from the panel. D. After discussion and a group vote we ranked the following consulting teams in this order: 1) Winston and Associates 2) Elk Mountains Consulting Group 3) Rock Creek Studio 4) EDAW E. The steering committee did recommend that 4240 architecture firm be eliminated from the Winston and Associate team; 4240 architecture firm is currently working on Base Village projects and we felt like this was a conflict. They would have only had a minor role in the team as proposed. The above-mentioned ranking was based on a set of criteria derived from the goals of the project. It was felt that Winston and Associates had the best understanding of the needs of the project and had the best qualifications in transportation planning, market analysis, and creative land planning. F. Goals for Plan Update The Town Council approved the following goals for updating the Comprehensive Plan: a. Refine and provide definition to the Town's vision for the future through a community-based process. b. Ensure future development works within the carrying capacity of the community. c. Complete the West Village planning process as part of a comprehensive plan update so that: community goals can be realized in this commercial area, new development does not exceed the community's carrying capacity, the three commercial nodes can complement each other, and transit oriented development can effectively be integrated with other public and private uses in the area. d. Update critical areas of the 1998 Comprehensive Plan, (including, but not limited to: Economic and market needs identified in Chapter 3, Transportation Plan, and Employee Housing Needs) that needs to be updated as the result of development that has been approved and as the result of the physical planning for the West Village. e. Provide clear guidelines for new development and identify needed public benefits. III. NEXT STEPS / MAJOR MILESTONES Negotiate contract with Winston and Associates. Review draft contract and total budget for the project with the Town Council on August 20, 2007. Convene Steering Committee and discuss process and timeline of the project. IV. ACTION REQUESTED OF COUNCIL Staff is requesting that Town Council direct the Town Manager to negotiate a contract with Winston and Associates. SNOWMASS VILLAGE SPECIAL MEETING MINUTES THURSDAY, JUNE 28, 2007 CALL TO ORDER AT 200 P.M. Mayor Mercatoris called to order the Special Meeting of the Snowmass Village Town Council on June 28, 2007 at 2:05 p.m. Item No. 1 ROLL CALL COUNCIL MEMBERS PRESENT: Mayor Mercatoris, Reed Lewis, Arnold Mordkin, and John Wilkinson Council Member Sparhawk arrived at 2:15 P.m. COUNCIL MEMBERS ABSENT: All Council Members were present STAFF PRESENT: Russell Forrest, Town Manager; John Dresser, Town Attorney; David Peckler, Transportation Director; Chris Conrad, Planning Director; and Donna J. Garcia-Spaulding, Deputy Town Clerk PUBLIC PRESENT: Carey Shanks, Dave Belleck, Tom Dunlap, Brad Manachevitz, Mike Gonzales, Bart Johnson, Maureen Poschman, Catherine Lutz, and Mel Blumenthal Item No. 2: EMERGENCY ORDINANCE NO. 11, SERIES OF 2007 Consideration of an emergency ordinance to approve an at risk permit for Building 13A and 13B in Base Village for excavation. The Town Attorney John Dresser reported that the Applicant Related WestPac LLC is requesting modification to Condition No. 7 of Ordinance No. 21 of 2004, which requires the developer to have an agreement with a "nationally recognized chain' to operate the hotel in 13AB before a building permit can be issued. Therefore, the Applicant is here today requesting that an emergency permit be issued on the basis that the community will benefit from the fill being kept in the Town of Snowmass Village thereby reducing truck traffic noise. After further discussion, Town Council determined that they would first hear discussion regarding the Administrative Modification particulars, in an effort to better make any decisions relating to the Emergency Ordinance No. 11, Series of 2007. Item No. 3: DISCUSSION ADMINISTRATIVE MODIFICATION — BASE VILLAGE Discussion and direction to staff regarding an Administrative Modification to permit an at-risk excavation permit for Buildings 13A & 13B, Base 06-28-07tc Minutes Page 2 of 5 Village PUD. The Planning Director Chris Conrad referred Council to information regarding the Record of Decision, Administrative Modification #19, At-Risk Excavation Permit for buildings 13AB included in today's packet specifically beginning on packet Page 13, Section Three, Condition 2., which states that the Applicant has agreed to post a non- cancelable performance and restoration bond to guarantee that the site disturbance and excavation area will be restored to its pre-development natural condition should: 1) the excavation be interrupted of progress in accordance with the timeframes specified on the Chart; 2) the terms and conditions of this Record of Decision have been violated; or 3) that the terms of Condition 7 have not been fully satisfied by no later than October 31, 2007 (To Be Determined). Conrad requested to hear from the Applicant for an explanation of why the above terms have been violated; comments from Council relevant to the Applicant's At-Risk Permit; and comments from Council as to whether or not the scope of the work before Council by the Applicant on the Base Village Excavation and Distribution Chart should be modified relating to locations where the dirt is intended to be placed. He stated that the Applicant has identified several locations where the dirt can be moved, including the Sinclair Meadows property with the condition that until all the outstanding particulars have been resolved for Final PUD approval by the Town Engineer and Planning Department, they cannot stockpile dirt at this location. He further stated that dirt is being diverted to the Entryway, as well as the new Bridge locations. Conrad further reported that he heard from Tom Dunlap, who reported concerns with the air-quality slightly exceeding the threshold. As a result, Conrad stated that he has included language addressing air-quality conditions. NOTE: Council Member Sally Sparhawk arrived at 2:15 p.m. Mayor Mercatoris brought Sparhawk up-to-date with the main point of the discussions. In response to an inquiry by Council Member Mordkin, Conrad clarified that currently there is bulk stock piling of dirt in Lot 5, until the Applicant is able to take the dirt to other locations. The Town Manager Russ Forrest stated the three locations the Applicant that mentioned are to stock pile it, Sinclair Meadows, and quite a lot of gray would go Down- valley. Related WestPac Representative Carey Shanks commented concerning the emergency health, safety, and well being of the community. Shanks expressed what they considered to be of importance to quality of life for the community and guests and stated that they do not want to be digging dirt into the winter and this why the sense of urgency to get it going now instead of clogging up Town roadways with trucks and re- use/recycle dirt and fill within the Village and is a way to manage traffic in town. Related WestPac Representative Mike Gonzales provided Council with an up-date on 13A excavation activity and the amount of trucks they anticipate going Down-valley and noted that they anticipated starting in June and being done by the middle of October. 106-28-07tc Minutes Page 3 of 5 He explained that he has dirt material being used in June for the Bridge; in July and September dirt material will be used for Sinclair Meadows; some going to Hunt's project in August; and the remainder of it being used for garage back fill in September and October with the excess having to be hauled Down-valley in a worst case scenario. Gonzales stated that what they have done since, is they have gotten all their Geotech Consultants together to come up with a specification that allows them to use any material they pull out in the process for these sites. "So we have soil now that will be suitable for the Ridge back fill, Entryway project, Sinclair Meadows, and the Bridge backfill. He stated that this dirt is suitable for back fill in 13A & B and other purposes within the Village." Since, there is the potential for the remaining dirt to be used in other areas, such as potentially leveling parking lot C to give allow for more area and make it a better parking lot; Aspen Skiing Company (ASC) for future ramp; to level building site five, where the trail is to make it more presentable, and to minimize traffic down-valley. He stated that a certain amount of back fill that came off the infrastructure project and from the de-watering activities has been processed that material, rather than hauling it Down-valley and they are it using for the Bridge backfill. He further stated that "Perhaps we've overstepped our bounds in processing soil on the site without specifically asking for it—we thought it was in our PUD however, subsequent discussions with the Planning Director have revealed that—that was not part of the PUD and was not specifically addressed and that is something we're going to have to deal with. We have tried to constrain all of our activities right within the base so that there is a buffer zone all residents. " Shanks recapped two issues including the safety of mixing construction trucks with cars on the road and a way to minimize truck traffic creating a safer roadway for the community. He stated that Related WestPac also thinks that the economic viability of the town is important as they do not want to impact ski season and believe they were in agreement with Council that the sooner they get moving with the hotel the sooner they can create a vital vibrant Base Village at the new commercial in the mall, this is of economic health and well being interest to the Town as a whole. NOTE: Mayor Mercatoris took Public comment at this time. President of the Enclave Homeowner's Association Mel Blumenthal stated concern with the dust issue at the Enclave location and stated that they cannot even open their windows and he is deeply concerned about future excavation without proper watering on Brush Creek Road. He also stated concern with the fact that two weeks ago Pat Smith said it that they would be starting a bit of excavation early for one purpose only and now it looks like excavating is starting way early for everything in the Village. There being no further comment from the public, Mayor Mercatoris took Council comment at this time. Council Member Mordkin stated his opinion that this is not a permit to excavate dirt from 13A & B, rather is an emergency ordinance and that he is not willing to authorize an administrative modification permit for any purpose on 13A until satisfaction of Condition 7 has been met. 06-28-07tc Minutes Page 4 of 5 Council Member Wilkinson and the Applicant discussed Down-valley trips, Chart questions, and backfill locations. After further discussion, Wilkinson determined that the deadline of October 31, 2007 would be when the Applicant would have a Minor PUD amendment application before Council and stated that with that in mind, he is comfortable with the gray boxes, as well as with the September of 2007 approving an Administrative Modification to permit an at-risk excavation permit for Buildings 13A & B, Base Village PUD. The Town Attorney John Dresser reminded Council that the standard is recognition of a nationally recognized hotel chain operating to a 4 diamond standard." Mayor Mercatoris stated that he is in agreement with Council Member Wilkinson, in that if we can save the community inconvenient impacts on Brush Creek and Owl Creek Roads by running the trucks under the ski bridge is a great idea; bringing the dirt out of 13A & B and put it at Sinclair Meadows is fine also. Also, if Hunt needs fill at Entryway it makes sense to take out of 13A & B, rather than to truck it up to another sight within the county. He further stated that when Council does this ordinance, that he would consider giving the Applicant permission to transfer dirt within the Village in an effort to minimize truck traffic between Highway 82 and the top of Wood Road. He is not prepared to say "without Condition 7 you can start moving dirt out of the village; Council is considering this an emergency because we are trying to make life easier on the citizens. That being said, Mercatoris stated that he is in favor of you moving forward as quickly as possible. Council Member Lewis stated disapproval of the Administrative Modification to permit an at-risk excavation permit for Buildings 13A & B, since in his view this request has expanded beyond the original intent. Council Member Sparhawk stated that she too was surprised with today's request and that this is not an emergency, since the dirt is not needed today. She further stated that she would rather move dirt around internally than go up and down Brush Creek Road. The Applicant Mike Gonzales clarified that they do need to move dirt today and stated that once they are done with the 2000 yards they are going to start hauling dirt into Snowmass Village at the rate of 90 trucks per day. He further stated that the list presented to Council today has been shared with staff and Council for three weeks without changes and stated his surprise with comments he is hearing relating to the amount of activity taking place on this project. Related WestPac Representative Matt Keeling clarified for Council what they need in the next 30 days and stated that they are in need of 30,000 cubic yards of dirt. The Town Attorney John Dresser clarified that the amendment Council is considering is to move the dirt from 13A and 13B site, with no more than 30,000 cubic yards of dirt to the Base Village location for immediate use. Item No. 2: EMERGENCY ORDINANCE NO. 11, SERIES OF 2007 06-28-07tc Minutes Page 5 of 5 Consideration of an Emergency Ordinance to approve an at risk permit for Building 13A and 13B in Base Village for excavation. There being no further discussion, a motion to approve as amended Emergency Ordinance No. 11, Series of 2007 was moved by Arnold Mordkin, seconded by Sally Sparhawk. Council Member Lewis rescinded. NOTE: Council Member Lewis left the Town Council Meeting at 2:50 P.M. Item No. 4: ADJOURNMENT Motion to approve adjournment moved by Sally Sparhawk, seconded by Arnold Mordkin. The Special Meeting of June 28, 2007 adjourned at 2:52 P.M. NOTE: Council Member Lewis left the Town Council Meeting at 2:50 P.M. Submitted By: Donna J. Garcia-Spaulding, Deputy Town Clerk Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 Town Council Meeting 4:00 p.m. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Town Council Meeting 4:00 p.m. 26 27 28 29 30 31 Full Moon 1 1 IM Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 Town Council r` Meeting 4:00 p.m. i Labor Day Town Hall Closed 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Town Council EOTC Meeting 4:00 p.m. 4:00 p.m. Aspen Chambers 23 24 25 26 27 28 29 4 Full Moon 30 LEW Communication , Coordination , & Commitment as it pertains to Infrastructure Improvements and Community Impacts Improved Communications Additional Field Supervision Especially During High Impact Times NAME OFFICE # CELL # EMAIL Mak 970- 922- 970- 418- mkeelinggrelatedwest Keeling 2849 0233 paC. com Eric Peirson 970- 922- 970- 319- epeirson . relatedwest 2843 4463 paC. Com Steve 970- 922- 970- 309- sfarmer . relatedwestp Farmer 2854 5075 ac. com Jim 970- 922- 970- 366- idagostinoCc relatedwe J D' Agostino 2860 2852 stpac. corn Site Supervision Eric & Steve Planning & Engineering Mak & Steve Management & Mak, Steve & Eric Coordination Communication Mak, Steve, Eric, & Jim Town of Snowmass Village Right of Way Expected Impact Dates Construction Projected Construction Area of Impact Activity Duration Update Road Closures Intersection of Brush Creek Rd & Lower 1 Kearns Road Gas Line 7/9 through 7/ 12 No 7/ 16 through Paving 7/ 17 1 lane closures Brush Creek Road in front of BJ Adams and 2 Conoco 7/ 11 through Gas Line 7112 No 7/ 16 through Paving 7/ 17 1 lane closures Intersection of Brush Creek Rd & Upper 3 Kearns Road 7/ 16 through Upper Kearns Road closed 7/ 19 Storm Sewer 7/ 23 through 7/ 23 7/ 16 through Upper Kearns Road closed 7/ 19 Holy Cross Electric 7/ 23 through 7/ 23 Qwest Week of 7/ 23 1 lane closures Gas Line Week of 7/ 23 1 lane closures 7/ 30 through Paving 7/ 31 1 lane closures Water Line Shoulder We are providing more detail with this item Work 8/ 6 through 8/ 10 On schedule 2 lanes of traffic will be pushed We are providing more detail with this item Water Line Pothole 8/ 13 On schedule 1 lane closures may be necessary 8/ 23 through S. Water Line Tie- In 8/ 25 On schedule Will require 1 lane closures N. Water Line Tie- In September On schedule 2 lanes of traffic will be pushed Intersection of Wood Road and 4 Lower Carriage Way Sanitary Sewer 7/ 9 through 7/ 11 1 lane closures Qwest 7/ 17 through 7/ 18 1 lane closures Gas Line 7/ 17 through 7/ 18 1 lane closures Paving 7/ 18 1 lane closures 5 Lower Carriage Way Paving 7/ 20 & 7/ 23 Wood Road Immeadiately Above 6 the Detour Unexpected water break ASAP 1 lane closures Paving Week of 7/ 16 1 lane closures Wood Road Between Enclave and 7 Crestwoods Trench Dam 7/ 16 through 7/ 17 1 lane closures Paving Week of 7/ 16 1 lane closures pushing this off to lessen 1 lane closures when community impact Bridge Masonry 9/ 1 through 9/ 30 On schedule necessary 3 days of potential 1 lane Gas Line 8/ 8 through 8/ 15 On schedule closures Guardrail 9/ 4 through 9/ 15 On schedule 1 lane closures This tracking chart will serve as Related WestPac' s communication tool as it relates to constrution activities in the roadway. It identifies the area of Updated 8- 04- 07 impact, type of activity and projected durations. On a daily basis this chart We need to re- do a Qwest will be updated to account for necessary modifications, if any, based on conduit that is crossing Wood unknown field conditions. As new work is projected we will add these items Road. We are currently to this chart as far in advance as possible. All of these items have been attempting to hire a boring coordinated at the Town of Snowmass Village Construction Coordination contractor that way traffic is not meetings between the Town Staff and the developer. These meetings occur impacted. every Thursday at 10 a. m. at the Town Council Chambers. In this meeting all public events are identified and construciton activities are coordinated with these events to mitigate the disruption of traffic and services. 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N.1=7 Welcome to the Town of Snowmass Village, CO Construction Alarls Current Town Council Packet Targeted Comp PlanRt+ D date 07- 23- 07 Town Council Agenda ADIUatUnktO riO COMP PIMP D7- 23- 07 Town Council Packet PMj1d Is wining soon. I l TWo Wo" ;• Devefemnend Cogstnldiori Leek Ahead Special Events r ', j mom snowmassvillage. con tl4 Athrivin9 community located In Western r Colorado at over 8, 100 feet in elevation f. Snowmass Village is nestled vAthin the millions of acres that make up the Tb ,' I " T n Wid Atmonmcenserds Snowmass Maroon Bells Wilderness Area i, and the West Elk Mountain Range. July Puddle Meeting Calendar kVeel0lfAtt' n"" Nei - Download Meeting Calendar tlleeungi pt[ ag development As part of our efforts to keep the community projetts EDYytt MAdo,> ity! held well town proje is this site you will end details Recent Press Releases W#" Fdd*,, Al9: 00amInthe depart entsss, tow. formsiiagendas, Click Here for the latest Press Releases Town Cowug Chambers. departments seMCes, forms and annaratinns VJhathnr vnu' re lnnMnn fur vl tdtp:/ jw . tosv. comj Internet PM 10 — 24 hour threshold is 150 ug/ m3 Readings taken every X hour Results averaged T x p rt ,; throughout the day Current Distribution : Tom Duntlo , Mark i Kittle, Contractors. Related WestPac construction managers will be alerted when monitor goes above 130 ug/ m3 in any hour ( approx. 80% of Federal Guidelines) . Purchase a server in the Related WestPac office that will send out reports . Distribution List: Tom Duntlop , Mark Kittle , Mak Keeling , Steve Farmer, Lisa Vogele , Eric Peirson , Jim D' Agostino Continuous route: Wood Road to a the Chamonix, Brush Creek Road L , t- r in front of Snowmass Center 2x' s a day: Lower Carriage Way Y " ` t 1x a day: Faraway Road to North AL h^. Ridge Lane, Upper and Lower Kearns, Owl Creek in front of r fl 5j M.I • R Sinclair Meadows, Conoco, up Wood Road to Thornton Road 2x' s a week: Entryway roundabout 1 x a week: Upper & Lower Woodbridge Roads Enclave: As many times as r ` possible & necessary each day. y{f 1 u z Weitz • have I i I A ti - ray .--. Wet days: Water trucks +additional sweeper run constant routes on roads . wash y* r pw- a ey points. stations are used at major access Manual when necessary. Dry days:Water trucks spray down construction roads.Truck wash stations are used at major access points. Street sweeper runs normal routes per the sweeper schedule . a WWWJ t NM I All z hM I//' 7l '. 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Lailgl` t 3n%ft4o CONSTRUCTION COORDINATION WEEKLY REPORT # 21 Week Ending 08/04/07 Traffic Control I am in contact with A-1 Traffic Control daily. There were no problems with traffic control this week. I did not receive any complaints regarding traffic control this week. Construction Activity Entryway Brush Creek Road/Seven Star Aspen Earthmoving continued working at the visitor center site this past week. The work consisted of lowering the grade and shaping landscaping berms in the non-structural fill areas. This work required a minimal amount of traffic control. I did not receive complaints regarding this site this week. Employee Housing They continued installing shallow utilities at the upper section of Stallion Circle. No complaints were received regarding this site. Town Hall Ongoing construction activity within project limits. I did not receive any complaints regarding this site this week. Upper Kearns Rd Utilities Upper Kearns Rd remains closed until Sept. 15th for utility work. Upper Kearns road will be temporarily opened for Labor Day weekend. Aspen Earthmoving feels they are on schedule to open by Sept. 15r'. I did not receive any complaints regarding this site this week. Base Village Lower Carriage Way: Ongoing construction in this area this week PCL's schedule shows opening Lower Carriage Way to two lane traffic by Sept. 25`s. I did not receive any complaints regarding this area this week. Wood Road: The detour will remain in place until August 15`s. PCL, and Weitz are on schedule to open lower Wood road by Aug 15s'. I received a call from Councilman Reid regarding mud and dirt on Wood Rd. from Brush Creek Rd. to the Enclave Driveway. I called PCL and asked that they get Gould Const. to use their water truck and power sweeper to get things cleaned up. The street cleaner is running daily, but at times requires assistance to keep the roads free from mud and dirt. Traffic control is in place daily. Brush Creek Bridge: The road cut in Brush Creek Road at Upper Kearns was paved on Monday 7/30 and Tuesday 7/31. They will continue water line work down the shoulder of Brush Creek Rd. next week. Shaw's construction schedule shows opening the new bridge to two way traffic on Aug. 22. Brush Creek Stream Restoration Construction on this project is ongoing this week. They have completed the restoration at the upper limits of the project. They are now clearing and grubbing the lower section of the project from the new bridge down to the location of the new PRV structure. ERC's schedule shows the stream restoration complete by Oct 15a'. I did not receive any complaints regarding this project this week. Crestwood The work at the Crestwood's is on site and not affecting ROW. I,did not receive any complaints regarding this site this week. Woodrun Place I drove Wood Road past the site every day. Hauling material off the site has been minimal. I did not receive any complaints regarding this site. Sinclar Meadows Construction at this project is ongoing. The detour to the Fox Run Trail will stay in place for approx. 3 weeks I did not receive any complaints regarding this site this week. Residential: I received a call from a home owner in"The Pines" regarding construction equipment starting prior to 7:00 A.M. at building Lot 41 in"The Pines" sub-division. I went to the site and spoke with the excavation contractor and explained what the approved times for work with in the town were. The contractor said he would be happy to comply with the approved working hours. OWMASS CREEK DRAIN AOIE '•'/ '!, A zAt Acton TOWN OF 4SNOWMASS VILLAGE roalsR vAUEV ' iii 310 AC MIL oft L' •.,__" i SSE—, p Z W 1 eRbBH. G-••••• Vt FWAw Y• R0 t FWY` OWL. OREEIPRD rnF e . C} r RELATE ® W ESTPAC APPLICATIONFOR A MINOR AMENDMENT TO THE PUD FOR BASE VILLAGE Submitted Tub G, 2007 yq y f NOTE: Section 2 of the application notebook indicates that the Applicant is requesting approval to delete only subparagraph (a) of Condition 7 (refer to Exhibit "A" of the enclosed ordinance or Section 2, Background, of this report s for the current Condition 7 language). The application was amended at the July 18 Planning Commission meeting to1proposethatCondition7bedeletedinitsentiretyas 9 subparagraph (b), concerning lockoffs, has already been satisfied and the 3/a supermajority vote is still required to approve the enclosed ordinance. i f July 2007 Application fora Minor Amendment to PUD:Base Village Letter of Transmittal r W RE S T P A DC To: Chris Conrad Via: Hand Delivery Company: Town of Snowmass Village Fax: NA From: Grant Melius No. of Pages: Binder Company: Related WestPac Date: July 6, 2007 Project/Subject: Minor Amendment Application to the Base Village PUD Approval Review/Comments Please Comment As Requested Information See Below COPIES DATE DOC. # DESCRIPTION 20 7/6/07 Application for Minor Amendment to the Base Village PUD s e ifically related to Condition REMARKS: Chris, The check enclosed with the application covers the$2,500 base fee. Please contact me ifyou have any questions regarding this application. Thank yooAu,,- RECEWED Grant Melius Related WestPac JUL 0 6 2001 Cwnmu k snumltdba v N n SIGNATURE Letter of Transmittal w E S APE D To: Chris Conrad Via: Hand Delivery Company: Town of Snowmass Village Fax: NA From: Grant Melius No. of Pages: Binder Company: Related WestPac Date: July 6, 2007 Project/Subject: Minor Amendment Application to the Base Village PUD Approval Review/Comments Please Comment As Requested Information See Below COPIES DATE DOC. # DESCRIPTION 20 7/6/07 Application for Minor Amendment to the Base Village PUD specifically related to Condition REMARKS: Chris, The check enclosed with the application covers the$2,500 base fee. Please contact rae ifyou have any questions regarding this application. Thank you, E Grant Melius Related WestPac SIGNATURE rRELATED WESTPAC APPLICATIONFOR A MINOR AMENDMENT TO THE PUD FOR BASE VILLAGE Submitted July 6, 2007 July 2007 Application for a MinorAmendment to PUD:Base Village r RELATED W EST PAC Chris Conrad Town of Snowmass Village P.O.Box 5010 Snowmass,CO 81615 July 6,2007 Re:Application for a Minor Amendment to the Base Village PUD under Condition 7 of Ordinance 21,Series of 2004 Dear Chris, This letter is a brief description of Related WestPac's proposed PUD request relating to Ordinance 21,Condition 7. By its own terms,Condition 7 may either be waived or modified in accordance with the minor PUD amendment provisions of the Municipal Code. At the request of the Town Council, the Applicant has submitted a Minor Amendment to the Base Village PUD that addresses subparagraph (a) of Condition 7. Accordingly,we formally submit the enclosed application for a minor PUD amendment requiring the approval of of the Town Council members present and voting pursuant to Condition 7. The specific amendment we are requesting is to remove subparagraph (a) of Condition 7 and,in lieu of this condition,require the Owner to enter into a Development Agreement that will secure a location for a conference hotel, subject to the review and standards of the Town of Snowmass Village Land Use Code. The enclosed application includes more detail about the requested amendment and conditions of approval that we believe will protect the Town's interests. Related WestPac would be pleased to provide Staff or Council with additional supportive materials if necessary. We appreciate your review and consideration of this proposed amendment to the PUD. Please contact Carey Shanks at 970-618-0589 if you have any additional needs. Best Regards, Patrick Smith Related WestPac 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (fl rRELATED WESTPAC APPLICATIONFOR A MINOR AMENDMENT TO THE PUD FOR BASE VILLAGE Sub'nimed July 6, 2007 July 2007 Application for a MinorAmendment to PUD:Base Village rRELATED WESTPAC SECTION 1 APPLICATION AND REVrJV STANDARDS 1.1 Introduction On October 18, 2004,the Town Council of the Town of Snowmass Village passed Ordinance No. 21, Series of 2004 (the "PUD Ordinance"). The PUD Ordinance was for the development ofproperties known as Base Village, Fanny Hill and Sinclair Meadows. The PUD Ordinance was recorded in the Official Records ofthe Pitkin County Clerk and Recorder on February 2, 2006 at Reception No. 520481 along with the Base village PUD Final Plat which was recorded in Book 77, Page 30,Reception No. 520483 ofthe Pitkin County Records. The Applicant is submitting this Application on behalf of and as agent for Base Village Owner, LLC, which is the owner ofthe applicable Base Village property Owner"). With the submission of this application for a minor amendment to the PUD,the Applicant requests approval of an amendment to remove subsection(a) of Condition 7 of the PUD Ordinance and, in lieu of this condition,require Owner to cause the owner of the Snowmass Center property (Brush Creek Capital Holdings, LLC)to enter into with the Town the attached"Development Agreement Concerning Snowmass Center Conference Hotel." (Section 3) Condition 7 of the PUD Ordinance currently reads as follows: 7. Phase 2A condition Precedent. Prior to the issuance of a building permit for Phase 2A or any subsequent phase of the Project,the Applicant will provide to the Town evidence that: a. the Applicant has entered into an agreement with a nationally-recognized hotel chain (such as a Westin, Hyatt or Hilton) that requires Buildings 13A and 13B to be operated as a four diamond" hotel, as such standards are determined by the American Automobile Association, under such chain's brand name; and This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal Code for a PUD amendment approved by at least 1/4 of the members of the Town Council present and voting." July 2007 Applicationfor a MinorAmendment to PUD:Base Village 1 RELATED WESTPAC As the Town is aware, the Applicant and Owner are interested in having Buildings 13A and 13B operated by Kor Hotel Group as a Viceroy brand hotel. Questions have been raised about whether a Viceroy brand hotel operated by Kor Hotel Group would satisfy the requirements of subparagraph(a) of Condition 7 of the PUD Ordinance. Questions have also been raised (most notably by the Town's own consultant) about whether the structures approved for Buildings 13A and 13B would even function very well as a"conference hotel," which appears to have been one of the Town's objectives for these structures back in 2004. We believe that a Viceroy hotel would work well in Buildings 13A and 13B and, conference issues aside, would do a good job of meeting the Town's stated objective of putting "heads on beds" and creating high-occupancy turnover. Given the Town's desire to ensure construction of a"conference hotel" in Snowmass Village and the apparent shortcomings of Buildings 13A and 13B for this purpose, we propose that the focus be turned to the Snowmass Center site as a more suitable location. As you know, the Applicant controls the Snowmass Center property. During the June 18, 2007 Town Council Meeting, Council expressed their position on the original intent of the language within Condition 7 of Ordinance 21. The majority of the Council stated that they believe the current condition language was intended to require Buildings 13A and 13B to be operated as a conference hotel." Hunden Strategic Partners, a third party consultant hired by the Town, determined that the physical constraints of the approved PUD for Buildings 13A and 13B cannot satisfy the current Council's interpretation of the Condition as a"conference hotel," regardless ofthe operator. Because the intent of this Condition cannot be satisfied within the physical constraints of the approved PUD for Building 13A and 13B, the Applicant is proposing an amendment to the PUD that will remove subsection (a) of Condition 7 from Ordinance 21 and secure a location for a "conference hotel"through the attached Development Agreement. Therefore, we are submitting this application requesting that the Town Council approve an amendment that will remove subsection (a) of Condition 7 from the PUD Ordinance. The removal would be expressly conditioned upon the Owner causing Brush Creek Capital Holdings, LLC to enter into the attached Development Agreement with the Town. This Development Agreement would require the construction of a"conference hotel" on the Snowmass Center property following the completion ofthe ongoing PUD approval process. July 2007 Applicationfora Minor Amendment to PUD:Base Village 2 RELATED WESTPAC In addition to the terms of the attached Development Agreement,the Applicant will submit an operating agreement with the Viceroy requiring that it be operated consistent with the Four Diamond standards ofthe American Automobile Association(i.e.,we are not asking to remove this existing requirement). 1.2 Section 16A-5-390(2) and 16A-5-40B1 Minimum Contents 1.2.3 Name, Address and Telephone Number Related WestPac 132 West Main Street, Suite A Aspen, CO 81611 Tel: 970-544-0620 Fax: 970-920-3384 Attn: Carey Shanks 1.2.2 Legal Description The legal description ofthe Project site is attached hereto as Appendix A. 1.2.3 Disclosure of Ownership A description ofthe ownership of the various parcels comprising the Project site is set forth in the title commitment attached hereto as Appendix B. Property owner consents to the submission ofthis Application are attached hereto as Appendix C. 1.2.4 Written Description/Written Statement/Compliance with Review Standards of Section 16A-5-390(3) The Applicant requests approval for a minor amendment to the PUD Ordinance removing subparagraph(a) of Condition 7 of the PUD Ordinance so that Buildings 13A and 13B can be operated by Kor Hotel Group as a Viceroy brand hotel, subject to certain conditions detailed below. The grounds for this request are based on the fact that a Viceroy brand hotel operated by Kor Hotel Group will offer Snowmass Village the following: a. Multi-seasonal occupancy. Please see Appendix D b. Group sales. Please see Appendix D c. Family and community oriented hotel. Please see Appendix D July 1007 Applicationfor a Minor Amendment io PUD:Base Village 3 RELATED WESTPAC d. Financially stable operator. Please see Appendix D In addition,the attached Development Agreement will ensure that the intent of the removed language of subparagraph(a) of Condition 7 of the PUD Ordinance can be satisfied elsewhere within Snowmass Village. 1.2.5 Vicinity Map Please see Appendix E attached hereto. 1.2.6 Other Maps The Applicant requests that the Planning Director waive the submission of other maps because the requested amendment will not change the maps submitted in connection with the Final Application. 1.2.7 Base Fee All required application fees have been submitted to the Town. Please see Appendix F. 1.2.8 Application Form The Application Form is included in Appendix F, along with evidence of payment of fees. 1.3 Compliance with Other Applicable Sections of the Code 1.3.1 Section 16A-5-300(c) 1.3.1.1 Minimum Land Area. There is no minimum land area requirement for a PUD the proposed amendment does not affect the land area ofthe PUD or the land area for Lot 8 or Lot 9 of the PUD. 1.3.1.2 Location. The Project site is located within the Town. 1.3.1.3 Uses. The proposed amendment does not change or otherwise impact the.land uses set forth in the PUD Ordinance. 1.3.1.4 Maximum Buildout. The proposed amendment does not change or otherwise impact the permitted buildout set forth in the PUD Ordinance or the PUD Guide. July 2007 Applicationfor a MinorAmendment to PUD:Base Village 4 rRELATED WESTPAC 1.3.1.5 Dimensional Limitations. The proposed amendment does not change or otherwise impact the height limits, floor area ratios and minimum lot area requirements set forth in the PUD Ordinance or the PUD Guide. 1.3.1.6 Parking. The proposed amendment does not change or otherwise impact parking spaces or parking structures approved in the PUD Ordinance or the PUD Guide. 1.3.1.7 Road Standards. The proposed amendment does not impact the road standards set forth in the PUD. 1.3.2 Section 16A-5-310 In the PUD Ordinance,the Town Council found that the Project complies with all applicable provisions of Section 16A-5-310. A brief description of the Project's compliance is provided below, as the Project is largely unchanged from what was approved in the Ordinance. 1.3.2.2.1 Consistency with Comprehensive Plan and Base Village comprehensively Planned Area("CPA"). As amended pursuant to this Application, the Project would remain consistent with the Comprehensive Plan. Therefore,the amendment satisfies the requirements of Section 16A-5-310(1). 1.3.2.2.1 Preservation of Community character. As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A-4-340, Building Design Guidelines and correspondingly, Section 16A-5-310(2) 1.3.2.2.2 Creative Approach. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A- 5-310(3). 1.3.2.2.3 Landscaping. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A-5-310(4). 1.3.2.2.4 Compliance with Development Evaluation Standards. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A-5-310(5). Please see Section 1.3.3 for detailed confirmation. July 2007 Applicationfor a Minor Amendment to PUD:Base Village 5 RELATED WESTPAC 1.3.2.2.5 Suitability for Development. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A-5-310(6). 1.3.2.2.6 Adequate Facilities. As amended pursuant to this Application, the Project would continue to satisfy the requirements of Section 16A- 5-310(7). 1.3.2.2.7 Spatial Pattern Shall be Efficient. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A-5-310(8). 1.3.2.2.8 Phasing. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Section 16A-5-310(9). 1.3.3 Section 16A-4-10 In the PUD Ordinance,the Town Council found that the Project complies with all applicable provisions of Section 16A440,Article IV,Development Evaluation Standards. A brief description of the Project's compliance is provided below, as the Project is largely unchanged from what was approved in the Ordinance. 1.3.3.1 Protection of Environmentally Sensitive Areas. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Division 1 of Article IV, Section 16A-4-10. 1.3.3.2 Improvement Standards. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Division 2 of Article IV; Section 16A-4-200. 1.3.3.3 Site Design Standards. As amended pursuant to this Application,the Project would continue to satisfy the requirements ofDivision 3 ofArticle IV, Section 16A-4-300. 1.3.3.4 Standards for Restricted Housing. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Division 4 ofArticle IV, Section 16A-4-400. 1.3.3.5 Sign Standards. As amended pursuant to this Application,the Project would continue to satisfy the requirements of Division 5 of Article IV, Section 16A-4-500. July 2007 Applicationfor a MinorAmendment to PUD:Base Village 6 rRELATED WESTPAC SECTION 2 AMENDED AND RESTATED PUD GUIDE 2.1 PUD Guide The Applicant is requesting to amend the PUD Ordinance,through a conditional modification removing subparagraph(a)of Condition 7 of the PUD Ordinance. This condition may only be waived or modified in accordance with the provisions of Section 16A-5-390 of the Municipal code for a PUD amendment approved by at least 1/4 of the members of the Town Council present and voting." Below is the proposed amendment approval language: Subparagraph(a)of Condition 7 of Ordinance 21, Series of 2004, is hereby deleted. The foregoing amendment is subject to the following conditions: 1)Prior to issuance of building permit for foundation construction purposes,the Applicant must provide to the Town an executed agreement with Kor Hotel Group that requires Buildings 13A and 13B to be operated as a Viceroy brand hotel that meets the American Automobile Association's "Four Diamond" standards. 2)The effectiveness of the foregoing amendment is conditioned on the Applicant causing Brush Creek Capital Holdings, LLC to enter into with the Town a"Development Agreement Concerning Snowmass Center Conference Hotel"in the form attached." July 2007 Applicationfor a MinorAmendment to PUD:Base Village 7 RELATED WESTPAC i SECTION 3 OTHER AGREEMENTS DEVELOPMENT AGREEMENT CONCERNING SNOWMASS CENTER CONFERENCE HOTEL July 1007 Applicationfor a Minor Amendment to PUD:Base Village 8 DEVELOPMENT AGREEMENT CONCERNING CONFERENCE HOTEL THIS DEVELOPMENT AGREEMENT CONCERNING CONFERENCE HOTEL (as defined in Exhibit A, this "Agreement") is made and entered into as of this day of 2007 (as defined in Exhibit A, "Effective Date"), by and between the TOWN OF SNOWMASS VILLAGE, a home rule municipal corporation and political subdivision of the State of Colorado ("Town"), BRUSH CREEK CAPITAL HOLDINGS, LLC, a Colorado limited liability company (together with its successors and assigns, "Owner"), and RELATED WESTPAC LLC, a Delaware limited liability company ("Related WestPac"). Recitals This Agreement is made with reference to the following facts: A. Capitalized terms in this Agreement have the meanings set forth in Exhibit A. B. Owner is the owner in fee simple of the Property. C. Owner is an affiliate of BVO and desires to enter into this Agreement with the Town to satisfy the requirements imposed by the Town on BVO pursuant to the Base Village Ordinance. D. Related WestPac is an affiliate of BVO and Owner. Related WestPac controls or has the ability to direct the affairs of other affiliates of BVO and Owner (the "West Village Affiliates") that own certain properties in the area of the Town known as the "West Village" and intend to acquire additional properties in the West Village, all for the purposes of redevelopment of such properties. Related WestPac desires to join in this Agreement for the purpose of making certain commitments to the Town. NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Agreement 1. EXISTING CONDITIONS. The Property is an approximate 32.73-acre parcel of Property located within the municipal boundaries of the Town. As of the Effective Date, the Property is currently zoned SPA-1 pursuant to the applicable provisions of the Code and the Faraway Ranch S.P.A. Final Land Use Plan recorded on March 18, 1985 in Plat Book 17 at Page 4 in the County's real estate records (the "Faraway Ranch Plan"). A portion of the Property is currently developed with a mixed-use structure known as the "Snowmass Center." In June 2002 the Town Council approved a PUD sketch plan for a proposed redevelopment of the Property pursuant to the applicable provisions of the Code. Following the approval of such PUD sketch plan, a PUD preliminary plan application was initially submitted to the Town in late 2002 and since that time such application has been amended several times and is still pending (the Pending Preliminary Plan Application"). The Town Council has not taken final action on the 25524.3 Pending Preliminary Plan Application. Since the approval of the Faraway Ranch Plan, no PUD final plan for the Property has been approved, and, accordingly, the SPA-1 zoning for the Property remains in effect pursuant to the terms of the Code and the Faraway Ranch Plan. 2. AGREEMENT ON STANDARDS. The Parties acknowledge that the Town is in the process of evaluating its needs for new conference hotel facilities within the Town. Such evaluation is occurring, in part, in anticipation of the redevelopment of the site on which the existing Snowmass Conference Center is located and the resulting loss of such conference facilities (the "Existing Conference Facilities"). Owner, Related WestPac and the Town agree that they will cooperate and work in good faith to agree on standards for the development of a new Hotel within the Town that, when built, will: (a) provide conference facilities comparable to the Existing Conference Facilities; (b) include a sufficient number of rooms to function as a successful Hotel for attracting and hosting conferences; and (c) be operated under the name of a conference Hotel brand that is nationally-recognized within the conference booking and sales industry (the "Conference Hotel Standards"). If during the process of developing the Conference Hotel Standards, the Town decides that conference facilities as large as the Existing Conference Facilities are not necessary or desirable for a successful Hotel as described above, then the Conference Hotel Standards will include a description of the conference facilities that the Town does believe are needed to satisfy its goals. 3.OWNER'S OBLIGATIONS. A. PUD Application Amendment and Processing. Owner has been working on amendments to the Pending Preliminary Plan Application to modify the proposed redevelopment of the Property in certain respects. At such time as the Parties have agreed upon the Conference Hotel Standards as described in Section 2 above, Owner agrees that it shall: (i)prepare an amendment to the Pending Preliminary Plan Application as it may have already been amended by Owner (the "Amended Preliminary Plan Application") to incorporate into the proposed redevelopment of the Property a Hotel that satisfies the Conference Hotel Standards (a "Conference Hotel"); and (ii) act in good faith to process the Amended Preliminary Plan Application to a Final Decision (as defined below) pursuant to the requirements of the Code and use reasonable and good faith efforts to obtain approval of the Amended Preliminary Plan Application; and (iii) if the Amended Preliminary Plan Application is approved by a final, non- appealable decision of the Town Council, apply for and process in good faith pursuant to the requirements of the Code a PUD final plan application for the Property that satisfies the conditions and requirements of the approved Amended Preliminary Plan Application, including the incorporation of a proposed Conference Hotel (the "Final Plan Application"). It is acknowledged and agreed that the Property is a complex site that is intended to be developed with other uses and structures in addition to a Conference Hotel. Incorporation of a Conference Hotel into the development plan for the Property and preparing the Amended Preliminary Plan Application may require significant additional design and engineering work on the part of Owner. Accordingly, there shall not be a fixed deadline for Owner's submission of the Amended Preliminary Plan Application to the Town following the Parties' agreement on the Conference Hotel Standards. In addition, due to the complexity of the site and proposed redevelopment of the Property, it is acknowledged that the Amended Preliminary Plan Application initially 7255243 2 submitted by Owner is likely to undergo further revisions, modifications and refinements during the review and approval process. B. Definition of Final Decision. The term "Final Decision" means that either: i.The Town Council has made a final decision approving the Final Plan Application, including approval of a Conference Hotel, and all applicable appeal periods, statutes of limitation and referendum/initiative periods under applicable law'for making a Legal Challenge to such approval have passed without the initiation of any Legal Challenge; or ii. If a Legal Challenge is made to a final decision by the Town Council approving the Final Plan Application, such Legal Challenge has been finally resolved or determined beyond any applicable appeals period in a manner that upholds the validity of the Town Council's approval of the Final Plan Application, including the approval of a Conference Hotel; or iii. If a Legal Challenge is made to a final decision by the Town Council approving the Final Plan Application, such Legal Challenge has been finally resolved or determined beyond any applicable appeals period in a manner that nullifies the Town Council's approval of the Final Plan Application; or iv. The Town Council makes a final decision denying the Amended Preliminary Plan Application or the Final Plan Application; or V. The Town Council makes a final decision approving the Amended Preliminary Plan Application or the Final Plan Application, but such approval does not include the right of Owner to construct on the Property a Conference Hotel. C. Owner's Hotel Development Obligations. If the Town Council makes a Final Decision approving the Final Plan Application as more fully described in Section 3.B.i or 3.13.ii above, then Owner shall not be entitled to receive a certificate of occupancy for any new structure constructed in redevelopment of the Property unless Owner has obtained a building permit for, commenced construction of, and is proceeding in good faith toward completion of a Conference Hotel on the Property. 4. RELATED WESTPAC'S OBLIGATIONS. If a Final Decision is reached to not permit a Conference Hotel to be constructed on the Property as more fully described in Section 3.B.iii, 3.B.iv or 3.B.v above, then Related WestPac agrees that it shall cause the West Village Affiliates to: (a) incorporate a Conference Hotel into their redevelopment plans for the properties they own or control in the West Village; (b) in connection with seeking the necessary approvals for redevelopment of the West Village properties they own or control, submit to the Town and process in good faith a land use application seeking approval for the construction of a Conference Hotel; and (c) if a Conference Hotel is approved for the properties they own or 25524.3 3 control in the West Village by a final non-appealable action of the Town Council, construct such Hotel in connection with and as part of the overall redevelopment of such properties. 5. TERM OF OWNER'S OBLIGATIONS. Owner's obligations under this Agreement will continue through and including the earlier o£ (i)the day on which Owner receives a certificate of occupancy for a Conference Hotel constructed on the Property; (ii)the day on which.a Final Decision is reached not permitting a Conference Hotel as more fully described in Section 3.13.iii, 3.B.iv or 3.13.v above; or (iii) the [ U`h) anniversary of the Effective Date [NEED TO DISCUSS OUTSIDE TERMINATE DATE]. After expiration of Owner's obligations under this Agreement as described in the preceding sentence, this Agreement will be deemed terminated and of no further force and. effect with respect to the Property. 6. NO TOWN ZONING OBLIGATIONS. Nothing in this Agreement, including the preceding provisions of Section 3, are intended to or shall be construed as imposing any obligation on the Town Council to approve the Pending Preliminary Plan Application, the Amended Preliminary Plan Application, the Final Plan Application or any other application submitted by the Owner for the Property or any application submitted by Related WestPac or any of its affiliates. The Town Council shall retain discretion to deny any such application to the fullest extent permitted by applicable law, including, without limitation, the Code. 7. TOWN REMEDIES. If any default by Owner or Related WestPac occurs under this Agreement, the Town will have the right to enforce the Owner's or Related WestPac's (as applicable) obligations hereunder by an action for injunction or specific performance, in addition to any other remedies that may be available under the Code or at law or in equity. Venue for any action to enforce or interpret the terms of this Agreement will be in the District Court of Pitkin County, Colorado. 8. OBLIGATIONS RUN WITH THE PROPERTY. This Agreement will extend to and be binding upon Owner and its successors in title to the Property, legal representatives and assigns. Subsequent owners of the Property will be bound by this Agreement. This Agreement will constitute an agreement running with the Property until: (a) modification or release by mutual agreement of the Town and Owner; or (b) expiration of the term of Owner's obligations under this Agreement pursuant to Section 5 above. Upon the conveyance of the Property by Owner to a different entity or person, and provided that Owner is not in default hereunder at the time of conveyance, Owner will have no liability under this Agreement for any act or omission occurring after the date of such conveyance, and the transferee will be deemed to have assumed all liability for any act or omission arising under this Agreement from and after the date of such transfer. 9. RECORDING OF AGREEMENT. Following mutual execution of this Agreement, this Agreement will be recorded by the Town Clerk in the office of the County clerk and recorder. Upon recordation, this Agreement will run with title to the Property and the provisions hereof will be binding upon and will inure to the benefit of the beneficiaries, successors and assigns of the Parties hereto as provided herein. 10. MISCELLANEOUS PROVISIONS. 1255341 4 A. Amendment of this Agreement. i. Written Amendment Required. This Agreement may be amended, terminated or superceded only by mutual consent in writing of the Parties, following the Town's public notice and public hearing procedures required for approval of this Agreement. No consent of any third party will be required for the negotiation and execution of any such amendment. ii. Effectiveness and Recordation. Any such written amendment will be effective upon the later to occur of(a) execution by the Parties or (b) the effective date of the ordinance or resolution approving such amendment. Promptly after any amendment to this Agreement becomes effective, the Town will cause it to be recorded in the real property records of the County clerk and recorder. As between the Parties, the validity or enforceability of such an amendment will not be affected by any delay in or failure to record the amendment as provided herein. B. Relationship of Parties. This Agreement does not and will not be construed as creating a relationship of joint venturers, partners, or employer-employee between the Parties. No Party will, with respect to an activity, be considered as agent or employee of any other Party. C. Entire Agreement. This Agreement contains the entire agreement between the Parties and no statement, promise or inducement made by either Party or the agent of either Party that is not contained in this Agreement will be valid or binding. D. Third Party Challenges. In the event of any Legal Challenge by a third party to the validity or enforceability of any provision of this Agreement, the Parties will cooperate in the defense of such challenge and to bear their own costs and attorneys' fees. Unless otherwise provided herein, during the pendency of any such Legal Challenge, the Parties will abide by and carry out all of the terms of this Agreement, unless otherwise ordered by a court of competent jurisdiction. E. Severability of Provisions. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the Party against whom they are being enforced under the facts and circumstances then pertaining, or substantially deprive such Party of the benefit of its bargain. F. Applicable Law. This Agreement will be enforceable according to the laws of the State of Colorado. G. Reasonable Efforts. Each Party will use its reasonable efforts and will cooperate, where prudent, with regard to any other action as may be reasonably required to effectuate the intention of this Agreement. 7255243 5 H. Notices. Any notice or communication required or permitted under this Agreement must be in writing, and may be given either personally, by Federal Express or similar next-day delivery service, or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same will be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the Parry to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar next-day delivery service, a notice will be deemed to have been given and received on the immediately following business day. If personally delivered, a notice will be deemed to have been given and received when delivered to the Party to whom it is addressed. Any Party hereto may at any time, by giving written notice to the other Party hereto as provided in this Section H, designate additional persons to whom notices or communications will be given, and designate any other address in substitution of the address to which such notice or communication will be given. Such notices or communications will be given to the Parties at their addresses set forth below: If to Town: Town of Snowmass Village Attn: Town Manager P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 With a required copy to: Town of Snowmass Village Attn: Town Attorney P.O. Box 5010 16 Kearns Road Snowmass Village, CO 81615 If to Owner: Brush Creek Capital Holdings, LLC c/o Related WestPac Attn: Patrick Smith 132 West Main, Suite A Aspen, CO 81611 With required copies to: Otten, Johnson, Robinson,Neff& Ragonetti, P.C. Attn: Bart Johnson 420 E. Main Street, Suite 210 i Aspen, Colorado 81611 7255243 6 I.No Third Party Beneficiaries/Third Party Agreements. Nothing expressed or implied in this Agreement is intended or will be construed to confer upon, or to give to, any legal person other than the Parties, any right, remedy, or claim under or by reason of this Agreement or any covenants, terms, conditions, or provisions thereof, and all of the covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Parties will be for the sole and exclusive benefit of the Parties. Nothing in this Agreement is intended to interfere with the agreements ofthe Parties with third parties. J.- Good Faith of Parties. In any situation under this Agreement where consent of one of the Parties is required, or where one of the Parties requests an extension of time, the Parties will act in good faith and will not unreasonably withhold, delay, deny, or condition any approval or consent required or contemplated by this Agreement. K. Further Assurances. Each Party will execute and deliver such documents or instruments and take such action as may be reasonably requested by the other Party to confirm or clarify the intent of the provision hereof and to effectuate the agreements herein contained and the intent hereof. L. Rights of Lenders and Interested Parties. The Town is aware that financing for acquisition, development and/or construction of the Property may be provided in whole or in part, from time to time, by one or more third parties, including, without limitation, lenders, major tenants, and purchasers or developers of portions of the Property. In the event of any asserted default by Owner, the Town will provide notice of such asserted default, at the same time notice is provided to Owner, to any such interested party previously identified in writing to the Town by Owner. If such interested parties are permitted, under the terms of its agreement with Owner to cure the default and/or to assume Owner' position with respect to this Agreement, the Town will recognize such rights of interested parties and to otherwise permit such interested parties to assume all of the rights and obligations of Owner under this Agreement. M. Waiver. No waiver of one or more of the terms of the Agreement will constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance will constitute a waiver of such provision in other instances. N. Titles of Sections and Articles. Any titles of the several parts, articles and sections of this Agreement are inserted for convenience or reference only and will be disregarded in construing or interpreting any of its provisions. O. Exhibits and Attachments. All exhibits and attachments to this Agreement will be incorporated herein and deemed a part of this Agreement. remainder of page intentionally blank] 925524.3 7 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to executed this Agreement as of the day and year first above written. TOWN: TOWN OF SNOWMASS VILLAGE, COLORADO Mayor ATTEST: Town Clerk STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by as Mayor, and as Town Clerk, of the Town of Snowmass Village, Colorado, on this day of 2007. WITNESS my hand and official seal. My commission expires: Notary Public 255243 8 OWNER: BRUSH CREEK CAPITAL HOLDINGS, LLC, a Colorado limited liability company By: Snowmass Center Mezzanine LLC, a Delaware limited liability company, its Manager By: S Name: Patrick N. Smith Title:President RELATED WESTPAC: RELATED WESTPAC LLC, a Delaware limited liability company, By: S Name: Title: STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by Patrick N. Smith, as President of Snowmass Center Mezzanine LLC, a Delaware limited liability company, Manager of BRUSH CREEK CAPITAL HOLDINGS, LLC, a Colorado limited liability company, this day of 2007. WITNESS my hand and official seal. My commission expires:S I Notary Public 25524.3 9 STATE OF COLORADO ss: COUNTY OF PITKIN The foregoing instrument was subscribed and sworn to me by as of Related WestPac LLC, a Delaware limited liability company. WITNESS my hand and official seal. My commission expires: S Notar Public 725524.3 10 EXHIBIT A Definitions For purposes of this Agreement, the following terms and references have the following meanings: 1.Agreement' means this Development Agreement Concerning Conference Hotel and any Exhibits attached hereto, all of which are incorporated herein by this reference, as amended in accordance with its terms. 2.Amended Preliminary Plan Application" is defined in Section 3.A. 3.BVO"means Base Village Owner LLC, a Delaware limited liability company. 4. "Base Village Ordinance" means Town Ordinance No. _, Series of 2007, approving this Agreement and amending Town Ordinance No. 21, Series of 2004. 5.Code" means the Snowmass Village Land Use and Development Code, codified as Chapter 16A of the Snowmass Village Municipal Code, as amended from time to time. 6.Conference Hotel' is defined in Section 3.A. 7. "Conference Hotel Standards" is defined in Section 2. 8.County" means Pitkin County, Colorado. 9. "Effective Date" means the date set forth in the initial paragraph of this Agreement, which is the effective date of the ordinance adopted by Town Council to approve this Agreement. 10. "Exhibits" means the following Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A—Definitions Exhibit B —Legal Description of the Property 11. "Existing Conference Facilities" is defined in Section 2. 12. "Faraway Ranch Plan" is defined in Section 1. 13. "Final Decision" is defined in Section 3.B. 14. "Hotel' means a building or group of buildings or portion thereof that (A) contains rooms, areas or separate spaces (some or all of which may be condominium units) intended for temporary occupancy by guests typically by the day or week (though it may be for longer periods), each of which contains 7255243 A-1 sanitation facilities and may contain a small kitchen area, and (B) generally offers one or more enhanced levels of service, such as: (i) a level of staffing, amenities, service or facilities above that customarily found in multi-family dwellings; (ii) twenty-four-hour front lobby check-in with in-house maid, concierge, room and maintenance services; or (iii) standardized fixtures and furnishings with central phone, cable, heating, air conditioning and hot water systems for all units. 15. "Legal Challenge" means any of the following: (1) any third party commences any legal proceeding or other action that directly or indirectly challenges any action of approval by the Town Council, whether by resolution or ordinance; or 2) any person submits a petition for a referendum seeking to reverse or nullify any such approval by the Town Council; or (3) any person submits a petition for an initiated measure that would have the effect of directly or indirectly invalidating any such approval by the Town Council. 16. "Owner" is defined in the initial paragraph of this Agreement. 17. "Party(ies)" means, individually or collectively as applicable, the original signatory parties to this Agreement and their respective successors or assigns. 18. "Pending Preliminary Plan Application" is defined in Section 1. 19. "Property"means the real property that is legally described in Exhibit B. 20. "Term" is defined in Section 5. 21. "Town" has the meaning set forth in the initial paragraph of this Agreement. 22. "Town Council' means the town council of the Town. 23. "West Village" is defined in Recital D of this Agreement. 24. "West Village Affiliates" is defined in Recital D of this Agreement. 7255243 A-2 EXHIBIT B Legal Description of the Property Parcels A, B, F, G and I, Faraway Ranch Subdivision, as shown on the Gross Parcel Plat of Faraway Ranch Subdivision recorded on March 18, 1985 in Plat Book 17 at Page 5, County of Pitkin, State of Colorado; Together with, Existing Snowmass Center Parcel, a replat, as shown on the Faraway Ranch Subdivision, Snowmass Village, Colorado, Gross Parcel Plat, recorded on March 18, 1985 in Plat Book 17 at Pages 5-6, County of Pitkin, State of Colorado. 7355243 B-1 rRELATED WESTPAC SECTION 4 PLANS AND DIAGRAMS 41. Base Village PUD Final Plat recorded February 2, 2006, in Book 77,Page 30, at Reception No. 520483 of the Pitkin County Colorado Records. Please see the plat on the following pages. July 2007 Application for a Minor Amendment to PUD:Base Village 9 3 jxR° a g' a tl i Fj T4 ^::. U 6 i .9® e St' ITT€' a 1 e E a E@ H, a1 FiI! j 7 Mg, r g yRa 1, pig 9V I A E01 4a Ii r€! ee S $ l 4x 6 X29 t? g 9 3 O Fhgeeka I b k s. x 1. Cyyyg 5g§g Ic pg ¢Gprgg SSd¢s¢ 6. ffey LU C. O W O e=xE G w p@p93p p+p¢°b @b j d8q py: lNi g e6' tlF a z g A §9 kE @31Sk¢ 9 ? 3F,s =c < 9q _see= pp 1 2< O e d $ Gse<e' q da l P i O Ngg d °€m,f O tg dE R e&di¢ nF s a 8a23 °U €¢ e - yy xaS 2 GS .d zYOs= q3'= € ai 4°¢by et;ak sw8 4 Via. m o m OB !g a e'€pp§k ag € £ eg + bski gb^ ci k °exg•g Q a % ° 5 aYe4i xjr O Y • ppp3 'L i R € a y32@ aae€I3@ g 3 .c; LIJ f 3J¢ §< g1 £. H k S 91EC1CS:g£R b X14 y $gam e$ m w .a y a 8" k' 9 ag F 3 e e,2 ,2 G ' C =£a21 e4G a E agg ga E 9$n• - a F— m¢z o eG' In . 2, s8#' $14dd $ai8' €A£3 ZL Q °• Fy- W ow Fes., jgq€9y. € tl regk ¢R ,k `ey d n 'eg % s€ f 3n8 [ 4fl5 u9p @2s J N N j •yy Cy° 6 y g Si € 4 341g£gry 51 ii F R FC 3G<2CShe €3 gY gg Z O Q LL i 5 38 • `E 3€p•H qq gg $€ keakAS S2cn °E68e¢5 _ _ k 95 IL S$ ,. ,a , d .g8s . .294adg4#6 OUDINowwo¢ d x d ill rk ]n aez l; I$ 'Xa I i I 9 ryi yl! 3 ag Sk€3yb= sb6zn I b LL J Z N tla$ge° la°aIQ'a a 8 & r p ode` i y f— N p3 by 2 ¢ - i d„ JF., Z agQ Tg €€q$ =tr xY.¢b> gg3Ep" jb..p W O U to °Ae €6`3 bjrF3 884bR y' ti75/ nK E 9Q 73+ F ¢ LL R alts Ig as£'allbs b.3& €gQgngx 41 O f O 8t xky a3 °iegb"zr 3gEii ¢ L9 9 pi a rC4p934. z z iii " `§bb° € r I$ Id `S#€€a 41 9 O Iki C¢g € gj31g _ b Eb 4bF €€ £ S e`S U s IN a p 4 8 'tl€ E j eCb 1.b LL w @ Ir 3 gp'a.IHge.--legs IH e e qY rey2d8eEtppA—e 1 W e 9 Y.b a G2 °e`pSeQ<Ma"g'+b a $$ 6 R a 3 d 3 § g I VIP Sae ia` 2 gb I 3 b b t p$_aeab°a< bl=g`cMsg $n 3 4 d N, B Qgk n - ¢ F° H° Hkk_ SI $faeq_e ¢ gippppp < t 3P:6yyyyry°ik j£bh°7E Ain@pStd9`g t t' BASE VU- LAQE P. FINAL PLAT A^^ 1 77 ACCORDINQ TO T E PAT THEF7BEOF OF THE BASE VILLAGE SU BEING A PART OF GOVERNMENT TRACT 45 AND q PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH pM. AS RECORDED 11J PLAT SD1V1giON p TOWN OF SNOW BOOK 16 AT PAGE 27, I9I Imi[ 9I IIIII I5^'';°•';,, MASS VILLAGE, COUNTY OF aiLul • .•.. PITKIN, tl- ssrow -...- STATE OF COLORADO, co no. 24• x BpssoB [ N Beim E RUSK " @O o- 6Wn'0 WM 434auiaE-. pm E 1CB. JY w n NLxeY 3B' v53YOOn' E Nt] as p r ] 1J'yy SS W VY W12' 9Y E PARCEL 11 r'.. 2095 ACRES B09VOO• uw N] BM' CB• p 6" m E 31.18' IDZ11' xY9YaY[ 1[ W p xrs.. xur4 o- aetw' o9• K.'„ a: CARRIAGE WAY ROW unr o eaB e' xn' s.+- R - ann' J6PARCEL F G,B•. NJJbO' OB-W W ' r" RES w of4. 9 • OODR' aiy. arR ° iwa dmmmH' n dwgrn x F. OgOR rw. w N law. Y Gw arav' ar< N00 ' L]• N BBII3 5] E r.aa. w' 6Y i 7y LOT1 3 wN. d` 2. 481" ACRES raCg u`•• LOTS TT,, 33 54pCRHR H LOTS Qs t ed . ya 4 0, 911 gr• BP°' 4 Y 9 LOT N4TD0 mn 5; 406ACRES LOT v wW' O" to N iblq'. 05u. Ti a LoT2 1. 096 ACNp gg; x N 400Y3o• r ACRES LOT4 s • LOTb KT La Q` n a 0, 692ACPM 1. 342A0( gS : a•r'•. a J221' e' N 84.31' 2r W 4'+.• \ 4' rw ° yw'+ 7200' LOT 7 Nfi6• IEYB•• yI mYryO-• aW rv 5W D 5ACRES v4` s N TP] 4Y6• W so" e p a, ern u vBBisTBr° 1n V Man'/; ' 6f W fiB' sesr W J21. er wwwar 1,B ./' gs59] 9851 Ype2Bn1' 60• vTuve Sv tltUx twYO W M9aey9 rRD ji N ` f), ' 1 1+ 7J415' r', l-} u YG PJ L.l>E 9TB 5) eSb' B* H'] 1']fi- 9 4i' r Fns 1J0] 33W R1] O.Te' rte p bObYr ] 18.83• NW tl\l N[l\,. NWWxS i'Y p] 1\ 5• W Pta n IN9rn u Chp= 129A 1' N 70.. 2- 0-3,.. rE P MM» a'9 BRUSH GFIX 4U0 ta LLc Pau r NwvaRNre vxrurrm TETRAwTECH R` Q Inc • a`°... mk'"." TM, yr. xw. w. RN. mRa ea.[ w mm:,°`•• r auuw na wcw 1+•:• RN& PIATfiE MAGE3NRT T CF B BASE V I- AGE P• U. Q. A REPLAT OF FINAL PLAT. 77 P BEWG A PART OF GOVERNMENT TRACT 45 ANp A PA ' ll OF 77 IN FS p BOOK 15 AT PAGE 86 ACCORDING TO THE PLAT THE AS flECORDED IN PLAT BOOK 78 AT PAGE 2T, IV IOI N® VIIII IEIdO `^. a;:,„ TOWN OF 3NOWMASS VILLAGE, COUNTY OF ' TKIN, STATE OF o- 1du' 96• WEST OF THE 6TH P.ry, COLORADO. L- tdaes Z. wx... Oat N N 523)' 06• E BRUSq 3 500' CRE' ztR eo3s' am' E pax d ROW Nd614' WE- W#M Wag uxN. 1R0 $° u' ats"' m E N 1333' 00• E Z eiPi n W EV 3i3. 2") caret IRo d PARCEL E sb 1g mar 30.02 N) 6 y00• E N 1T35' Se ' S"cc* vuwi Kxt m z 2. 095 ACRES x N 76W' 18). 11' 1.16 W i o- esna' ao• S:°+ ° CARR1 fi WAY ROW PARCELP 3. 675 ACRES ONB- N]] W' 0015 W w° ii° P xu8S 4 Wr D` 4.,p• C yeN ' N+ wxiu.. e j A • q were- yz 8 MRDW eru' we MM T. 4r ad E Py LOT3 s 2. 481 ACRES 335A d 6' B9W 9 df LOTS e A911 ACRF x N* Y NM1> YVl'Lb• W 5406 ACRES tax n Mx 9 4 LOT yu1" x'" b y y LOT2 yos• 1. 096 ACRES 24 13BOACRES an W N 4anr5a• LOT4 4 LOT6 J33i 0. 692 ACRES 1342 ACRES A. h h •,. min ` H 6431' 3)• W 4 6 - rw u' x191 g r. a 6 rxu F y NW883 & w wool) ROw 4 2215 ACRES w.. n o@. N) 1'J4' Ib W S 83' 4YUp w 108' Ix u N dBnb' 6Y 44v 41.03' 1C6Af V ty"` 1 /' W, M W d3L8Y iuiw q uunln a yfSY' 6y. o- 3em' ao• p,. wx+. fr•1$. 15' S 4` g6GF5iM V91 GFFw Luvo m. LLG 4./ L Cd6•• S79n0' JJ'W 4{ 31'JS' N BOYq' 00• W . M& DY d IM fOtrt E- fazs' C'.f,.'°..: u°• w mr.•. a. n1 JO 5 55'80' OJ' W GrB SIOYSYBb yl% i1 a1E41xtt ! A 14A6' Kt4 x9. gN9w G0. f3i. 01' iN 54•] 1' 4T E B.4Y CENCpYWN45 r') p p wvx• y 9PV6N OtEEr tMNta VC F R9Rw] d M uKU. ltfo eox. TETRA TECH y1P x•N RMC, Imo • Pimv Nw w' uuww bx 4W 1y apm. F' S k AyNtlnMiny••' a YAP DAMN YW W IMAMw cL WI• 3 sr`+..,. a r4u. n'• nY.... ugr, S wu uwmMl ws RmW f1NAt' Jr NtLAGE P.U.O. HEFT 2o e BASE VILLAGE P+ U, Q. p V FINAL FLAT sx2we A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION m[ 11LI9 0 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGE 27, BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P.M. TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKW, STATE OF COLORADO. E o- tnxs' ar N° iiiTvp E ROgpftp b Rl00¢ OC T wa¢ or E tsi si O 11 Cne GBB• aY2)' E I!.ry11I l]I° 1) V14' OJ+ E' MM. JTj N 125200+ E j / rhea' 26Ce' wxc rx un av e pmcC E aw ra cwK. u¢ raw 0 195 ACRES um uc wa 51v486_ g--------------- rs wlllwx . n 1/--- -- 4 - 4- N SZO480 Y -- D vim ;^! , cWAY OINW axvo 5 r a P wen• m I y. N o-° eb0' ar Opp ear amts care ae- anm' oo'w a 2' SHEET o yy 4• v. o{ y fL u- b®— 1 ----- K. mw l :< 1 I ac xv'"eI SHEE X/ 3 s vz ACRES 481 A xl r nh vovExEx usE. ar. xmx nr + n xrr. cf. e.- rou vr.c. rm vx! YVFP UYVIxi.[ OX 13L' Aft: N y , p r Eurxwf Fuuxxr vrox] w.°""`* See Sheet 8 —` i ;' F, FPx, ME. SFYFH i. BMx tb. PkE> a a" k arj0 Cv. CnR4 1 f m xerEn• sE.lx usxExr. emx laa. PwE to y EILmp[ G.fr. Exi. BCP] l0.P. c[> ae YIUR 4NEF GEP. Ti. B0.wt]f.P.4Fa4] v aEC, vx Exuxfxr. smx dai: x rvnuv t aey°. i+ lFV a TETRA TECH RMC, nC See Sbeet 6 1 WLC U Spgxr, Bfbt ae> P dal- r0EE vURN a w[ Rwwi. eW: xva. rAi!¢ Ev. n,[ o xx NLLaGE PAD. FlNI. L PLAT SHEET S OGfi E ¢ ufMr 0.]! ie.¢ gal - IO vKxlFe rwu.• rx+ xv Sew EM+ fvFx r,! RM1 i19. MU, e3 - 10 K11N x.r r—• vnu I En%. sxl. eaw. w. Puz! ee. w.+ au> - 10h vnurto BASE VILLAGE P. U. D. FINAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE SU DIVISIOM ACCORDING TO THE PLAT THEREOF AS RECORDED W PLAT B 15 AT PAGE. 27, 4° BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 1I UTH, RANGE 8G WEST OF THE 6TH P- W TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO. mma 1x., awl n apw OW em„' sz BAVSHClt3' rE ] Al•1l o w,ww., N 12W' W' E 20.1111• gp Y025p' N 9000b0' E 187. 11' r un PARCFIP y3/ h ' . gym 1 3. 675 ACRES is# f corn 1 ra wn znu r" su uwmzut t`' ipi3\ 3. 356ACRES t ) a I S I W DRO Rpµ. az a Z; c14 © T---- o I I s rnwo vr xu. w Y , e4 __ I_ If II ; 34i g yak, w., .+. 1 I / k-----}' I sxasr w®cu ( sxaan e-e) / /, f 7 - - ry lC-. r____ SHE SHEE T.5: H e[c"_, w.'." 7". V•"y, i >°<+ ro"5 ';' iF__ L J . / !- ci /` t ,(/ . r \• Ili I 1O''°. d' w I°° o"n' i." a..•wa,.>'. A'a r nv'"`""° iV'.. iiy ii]- RN' v UM Sea Sheet b TETRA TECH RMC, Inc. r See Sheet 5 BASE VILLAGE P. U. D. 7 FINAL PLAT A REPLAT OF A PORTION OF THE BASE VILLAGE SUBDIVISION I I IIQ I m- Nl., y ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 15 AT PAGF. 27, BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 8& WEST OF THE 5Tld PI- TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO. 2aow ROV7 i` mumu• wr mrcr u m w, vurw Smnm ` uca rw asaea 8RU5HROW W4' 0"' c- zws' oo'. N123 ' E CAbNWl4'. 10'E N 6Y` 2o.w LN0 202. 58' N YOQOW E 147. 11- •. / N• NV[ L-------- ------ ilk F ' I 3. 675 ACRES ay¢} 1 • x2o:„ cm. 0 xuwr amx% x•; a..,.%. 5` ,. x`" -.; y '"`-==<_ core 3354 ACRES WOOD 38 valmvvev„ T, w+,.. i. t ”" , ./ , L f. / i` y.'.,',. _ I_ \ I°I YI wo w.. a, NUaa. m •) ) s}°- '-- 0 rg' __ y ---- -, --\`----- --' L I__ a m / i t. SHE r. 66T3 e.e Ll ACRES:ro... r• i 5' j T ems II Sry` E T5: N atexa"`Si ". 1; a4 > •" 5T' iI I if I u4ymfl% 5¢,` A.x a% M1x uY M. BxM' N Vw. rtO ll JJ 10tl I rzn. Yrtn[. 4u[@mn¢ i'Y! 3 b5[ ti/ p. ww24s, ex. See Sheet 5 P5! fx4uq 1. B7, wp%. 0 iF ""` O TETRA TECH RMCmlpa e See Sheet 5 enu el 75E Nw5r.:' r0c'0: BASE VILLAGE P. U. D. Q - 2- 2 P 3 B.BB FINAL PLAT qq11 _ _ ACCORDING TO THE PLAT THEREOF AS RECORDED VILLAGE N PLAT BOOKSUBDIVISION PAGE 27, rvL O' TOWN OF SNOWMASS VILLAGE, COUNTY OF PITKIN, STATE OF COLORADO. BEING A PART OF GOVERNMENT TRACT 45 AND A PART OF SECTION 1, TOWNSHIP 10 SOUTH, RANGE 86 WEST OF THE 6TH P. t- See Sheet 4 -'} mw" a• m.. See Sheet 4 J I LOT 9 3. 314 ACRES LOTS I/ r 0______---_ J / 096, CRES 1 a A 0.411 wra I— ji — LOT n..0. 691ACRES I 1. 362 ACRES r lit I 4sm,' S 121155 ACRES WOOD ROAD ROW RY i y9 i i SS r e Ne636aYW J11. 6Y NOr51' tYC 1- tc._=_ __.—--__,__ _--- uwr° ram 6.11' c___..___— II02 I r p wuK tl I W NB. BY b] eUl' Wti OaXV uv" r M d I 0 Y8231' YM' JI'.le Mw, nr/ rr, VP 15& 10' P. AC4 n 9l0'. tGM RI] 0.1B' W xxW ov wlil'' N TewS] i'W] YW UI] l.]1' CNB t]9.] B' Oi0 9]B' N'19 W J x 1l: ic°.a'` s- emrsu wur, ww m. uc YeNBREMJ Bier aBSx( sB W8- 07 uW" un«.. w« m.. ua,..«•. 0, e•- mW.«. gym cv MT . n.:. Yrxt RwB y.° m: u vwM+. a I xn,a wgnm nc MPu• y. w w SHE ' SHEET Q",N."` u"`wcse ls•: din: ia'- mW.,` I I w m.a. a,u onww m. ra•., z•' .„«...., m •. w viuu x«""' cdm o.,'"u.« N, 6..a• i.inI` mvu_ v,'rt0... ma I Om Me. T"se WS1Hfl} B-1C5V, eoTETRA Fl1 6 iww. dL. a,, mmnisoe ww'^ is SMn. I. CW i,A a.v.[ OB SHEE mE«t+a w. m... 0u, - c.no uw.. Ww. m•, acw.. o.¢• n 1 BASE VtI. 0 BEIN4 ACCORDING rLAT OF A PORTIONFIN PLAT A PART- OF GOYEANMENT TO 7HE PLAT THE THE BABE VILLAGE SUBDIVISION OF SNOWMASS VILLAGE, OF SECTION I T 1N 1O AT PAGE y7 TOWN BOOK 18 TOWN acnebp¢ vase' COUNTY OF PITKIN, STATE OF COLORADO, 86 WEST OF THE 6TH P.M. MINORusaFOMaJ ., pR• aF- - ,-" r Gi r J/ L See Sheet 3 -- 1w, to-/ r x, Wd• r. ;=. 1} i , ro. zael acaey 1------ VVV4SS5555 q.'' i.'! . , F.rt, r I Al 5. 406ACRp8 L -/ ttc y Y84i W"° ESS.' ' i" mmm, r IJ80ACRES ei I mu. NN j sac s°F L""°"° cr sszGO . N`f - h• bDSa 1 AM' s esuoW`^. nae. 1 s • nnr rt 4 .^ na POROW 5 6Sn0' 0.YW\ \ ro,Fp YOIrykCLgy T $: L , jW) 1?. 1LLtt. Gn i ' F •• Wr9 Yntt. ia • au 1 ay> hRii 0.vn,+ M i , ct,. n• lu_ roF[ TECH AMC t rwu FmYUru¢ sue lT. F, an'°.- R.. rnmv°•' 4[ w rn.. i na, uv 9)4 F M iw 11 Wp 4v vriry W LP 9ifV[ YUi. F0t W FK ro,rt¢ uirtC 1 I 11X4 N{T iuLL i•Uru. P RELATED WESTPAC APPENDICES APPENDIX A Legal Description APPENDIX B Disclosure of Ownership APPENDIX C Consents of Owners APPENDIX D KOR Hotel Group, Viceroy Details APPENDIX E Vicinity Map APPENDIX F Application Form and Evidence of Payment of Fees APPENDIX G Addendum for a Waiver to the PUD for Base Village July 2007 Applicationfor a MinarAmendment to PUD:Base Village 10 rRELATED WESTPAC APPENDIX A LEGAL DISCRIPTION LOT 8 AND LOT 9, BASE VILLAGE PUD, SNOWMASS VILLAGE, COLORADO, AS SHOWN ON THE BASE VILLAGE PUD FINAL PLAT RECORDED FEBRUARY 2, 2006, IN BOOK 77, PAGE 30, AT RECEPTION NO. 520483 OF THE PITKIN COUNTY, COLORADO RECORDS. July 1007 Application for a Minor Amendment to PUD. Base Village II RELATED WESTPAC APPENDIX B DISCLOSURE OF OWNERSHIP July 2007 Applicationfor a MinorAmendment to PUD:Base Village 12 t, .Y,.''.,n fin.ea.?Pa°.m` ,S'+ruty,"n4'm5g^r`7:nt3.fix`.'i *.,.7a, .','V,n,`''"9.ui,n-'fG.ad s` .m .i 6 . Run,No 140292 10/17182) r Gj, .,.•. ALTA Owners Policy CCU 1100064PI09200 i. POLIO OF TITLE INSUTRANCE F . ys lsY i ISSUED BY First American Title Insurance Company b:SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND viij; a THE CONDITIONS AND STIPULATIONS,FIRSTAMERICAN TITLE INSURANCE COMPANY,a California corporation,herein called •• Tx the Company,insures,as of Date of Policy shown In Schedule A,against loss or damage,not exceeding the Amount of InsuranceJeHstatedinScheduleA.sustained or incurred by the insured by reason of: 1 Title to the estate or interest described in Schedule A being vested other than as slated therein; 4 Z Any defect in or lien or encumbrance on the title; is rat aa . i; 3: Unmarkelabiiily of the title; 4 Lack of a right of access to and from the land The Company will also pay the costs, attorneys'fees and expenses incurred in defense or the title,as insured,but only to the r 4 extent provided in the Conditions and Stipulations VM la t d FirstAmerican Title lnsuranceCompan,y r• 4 4 BY PRESIDENT U1s- 3 ATTEST SECRETARY a ye' -.. : ,•'. .r c,5`'m` +'$Rn ar,+.:.. 'a: w; ^". r ,m"'IM,4re-m+^+m` o „ 'r"'rs`' .r:'n^` ..P c ww•'i..} Y.., h~J- 2329613 EXCLUSIONS FROM COVERAGE land" does not include any properly beyond the lines of the area described or The following matters are expressly excluded from file coverage of this policy and referred to in Schedule (A), nor any right, title, interest, estate or easement in the Company will not pay loss or damage, costs, attorneys' fees or expenses abutting streets, roads, avenues,alleys, lanes, ways or waterways, but nothing ich arise by reason of: herein shall modify or limit the extent to which a right of access to and from the a) Any law, ordinance or governmental regulation (including but not land is Insured by this policy limited to building and zoning laws, ordinances, or regulations)e) 'mortgage': mortgage, deed of trust, trust deed, or other security restricting,regulating,prohibiting or relating to(t)the occupancy,use, instrument or enjoyment of the land;(if)the character,dimensions or location of (I) 'public records records established under stale statutes at Dale of any improvement now or hereafter erected on the land;(tit)a separation Policy for the purpose of imparting constructive notice of mailers relating to real in ownership or a change in the dimensions or area of The land or any property to purchasers for value and without knowledge With respect to Section parcel of which the land is or was a pail, or (iv) environmental 1(a)(iv) of the Exclusions From Coverage, 'public records' shall also include protection, or the effect of any violation of these laws, ordinances or environmental protection liens filed in the records of the clerk of the United Stales governmental regulations, except to the extent Thal a notice of the district court for the district in which the land is located enforcement thereof or a notice of a defect, lien or encumbrance g) 'unmarketabilily of the tllle':an alleged or apparent mallet affecting the resulting Irom a violation or alleged violation affecting the land has title to the land,not excluded or excepted from coverage,which would entitle a been recorded in the public records at Date of Policy purchaser of the estate or interest described in Schedule A to be released from[he b) Any governmental police power not excluded by(a)above,except to the obligation to purchase by virtue of a contractual condition requiring the delivery extent that a notice of the exercise thereof or a notice of a defect,lien or of marketable title encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. 2 . Flights of eminent domain unless notice of the exercise [hereof has been The coverage of this policy shall continue in force as of Date of Policy in recorded in the public records at Dale of Policy, but not excluding from favor of an insured only so long as the insured retains an estate or interest in the coverage any taking which has occurred prior to Dale of Policy which would land,or holds an indebtedness secured by a purchase money mortgage given by be binding on the rights of a purchaser for value without knowledge a purchaser from the insured,or only so long as the insured shall have liability by 3 Defects,liens,encumbrances, adverse claims or other matters: reason of covenants of warranty made by the Insured in any transfer or a) created,suffered,assumed or agreed to by the insured claimant; conveyance of the estate or interest This policy shall not continue in force in favor b) not known to the Company,not recorded in the public records at Date of any purchaser from The insured of either(t)an estate or interest in the land,or of Policy, but known to the insured claimant and not disclosed in (ii)an indebtedness secured by a purchase money mortgage given to the Insured writing to the Company by the insured claimant prior to the dale the insured claimant became an insured under this policy; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. c) resulting in no loss or damage to the insured claimant; The insured shall notify the Company promptly in writing(t)in case of any d) attaching or created subsequent to Date of Policy;or Illigalion as set forth in Section 4(a)below,(it)in case knowledge shall come to e) resulting in loss or damage which would not have been sustained if the an insured hereunder of any claim of title or interest which is adverse to[he title insured claimant had paid value for the estate or interest insured by this to the estate or interest,as insured,and which might cause loss or damage for policy which the Company may be liable by virtue of this policy,or(if!)if title to the estate 4 Any claim, which arises out of the transaction vesting In the Insured the or interest,as insured, is rejected as unmarketable II prompt notice shall not beestateorinterestinsuredbythispolicy,by reason of the operation of federal given to the Company, then as to[he insured all liability of the Company shallbankruptcy,stale insolvency,or similar creditors'rights laws,that is based ferminale with regard to the mailer or mailers for which prompt notice is required, on: provided, however,[hat failure to notify the Company shall in no case prejudice i) the transaction creating the estate or Interest insured by this policy the rights of any insured under this policy unless the Company shall be being deemed a fraudulent conveyance or Iraudulent transfer,or prejudiced by the failure and then only to the extentof the prejudice it) the transaction creating the estate or tnlemst insured by this policy 4 DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSUREDbeingdeemedapreferentialtransferexceptwherethepreferentialCLAIMANTTOCOOPERATE.transfer results from the failure: a) Upon written request by the insured and subject to the optionsa) to timelyeeorda the to irument of Ie to ar, or contained in Section 6 of these Conditions and Stipulations,the Company,at itsb) of such recordation to impart notice to a purchaser for value or a own cost and without unreasonable delay, shall provide lot the defense of anjudgmentorliencreditorinsuredinlitigationinwhichanythirdpartyassertsaclaimadversetothetitleor CONDITIONS AND STIPULATIONS interest as insured,but only as to those slated causes of action alleging a defect, lien or encumbrance or other mailer insured against by this policy The Company 1. DEFINITION OF TERMS. shall have the right to select counsel of its choice (subject to the right of the The following terms when used in[his policy mean. insured to object for reasonable cause)to represent the insured as to those slated a) 'insured":the insured named in Schedule A,and,subject to any rights causes of action and shall not be liable for and will not pay the fees of any other or defenses the Company would have had against the named insured,those who counsel The Company will not pay any fees,costs or expenses incurred by the succeed to the interest of the named insured by operation of law as distinguished insured in the defense of those causes of action which allege matters not insured from purchase including, but not limited to, heirs, distribu[ees, devisees, against by this policy survivors, personal representatives, next of kin, or corporate or fiduciary b) The Company shall have the right, at its own cost, to institute and successors prosecute any action or proceeding or to do any other ac[which in its opinion may b) 'insured claimant':an insured claiming loss or damage be necessary or desirable to establish the title to the estate of interest,as insured, c) 9mowledge'of'known':actual knowledge,not constructive knowledge or to prevent or reduce loss or damage to the insured The Company may lake any olice which may be imputed to an insured by reason of the public records as appropriate action under the terms of this policy,'whether or not it shall be liableiinedinthispolicyoranyotherrecordswhichimpartconstructivenoticeofhereunder, and shall not thereby concede liability or waive any provision of this alters affecting the land policy If the Company shall exercise its rights under this paragraph,tl shall do so d) 'land': the land described or referred to in Schedule (A), and diligently improvements affixed thereto which by law constitute real property The term c) Whenever the Company shall have brought an action or interposed a PMiry Pane 7 OWNER ' S POLICY OF TITLE INSURANCE issued by TITLE COMPANY OF THE ROCKIES, INC. as agart for FtnsT Ab1EmCAN Tit LE INSURANCU COMPANY SCHEDULE A Order No.: 0701996-0 Policy Number:J2329613 Amount of Insurance: $224,000,000.00 Premium: $119,326.00 Date of Policy: March 2,2007 at 5:00 pm 1. Name of Insured: Base Village Owner LLC,a Delaware limited liability company This policy is issued contemporaneously with a$224,000,000.00 policy of Stewart Title Insurance Company and a$224,000,000.00 policy of Commomwenith Land Title Insurance Company,all such contemporaneously issued policies totaling$672,000,000.00 and it is understood and agreed that for all loss or aggregate losses against which said policies protect, the Company shall bear only it's proportionate percentage share of any such loss,and in no event shall the Company be liable for loss in excess of the face amount of this policy. 2. The estate or interest in the land which is encumbered by the insured mortgage is: Fee Simple,as to Parcel A; Easement,as to Parcel B; Rights as Declarant,as to Parcel C. Leaseliold Estate created by Lease between Brush Creek Land Company,LLC,a Colorado limited liabilty company,Lessor,and Base Village Owner LLC,a Delaware limited liability company,Lessee,by flint certain Ground Lease disclosed by Memorandum of Ground Lense Sinclair Meadows)recorded March 2,2007,at Reception No.534998,as to Parcel D. 3. Title to the estate or interest in the land is vested in: Base Village Owner LLC,a Delaware limited liability company 4. The land referred to in this policy is located in the County of Pitkin,State ofColorado,and described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE"C"ATTACHED HERETO Countersi hi d L Authorized Officer of Agent Tfd. PdU—Jr C rmd.J.. a Ouver's Policy-ScheduleC Orderft, 0701996.0 LegalDescription Po11plNo. J2329613 SCHEDULE C LEGAL DESCRIPTION The land referred to in this policy is located in the County ofPitkin,State of Colorado,and described as follows: PARCEL A: Lots 1 through 9,Inclusive, BASE VILLAGE P.U.D.,according to the Plat thereof filed February 2,2006 in Plat Book 77 at Page 30. PARCEL B: Those easementsfor the purposes of drainage and the construction,installation,maintenance, repair and replacement of any and all drainage swales,lines,catch basins,systems and other drainage facilities that are a benefit to the land as created,defined and established by Declaration of Drainage Easement recorded February 2,2006,at Reception No.520488. PARCEL C: Together with the benefits of that certain General Declaration for West Village Snowmass-at- Aspen Area,Pitkin County,Colorado recorded June 1,1967,in Boole 227 at Page 186 in the Records,as amended by that certain First Addition Declaration for West Village Snowmass-m- Aspen Area,Pitkin County,Colorado,recorded January 26,1968 in Book 233 at Page 4 in the Records,that certain Second Addition Declaration for West Village Snowmass-at-Aspen Area, Pitkin County,Colorado,recorded December 27,1968,in Book 238 at Page 413 in the Records, that certain Third Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County, Colorado,recorded November 13,1969,in Boole 244 at Page 483 in the Records,that certain Fourth Addition Declaration for West Village Snowmass-at-Aspen Area recorded November 13, 1972,in Book 268 at Page 717 in the Records;that certain Amendment to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado,recorded January 14,1976,in Book 307 at Page 657 in the Records;that certain Amendment to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado,recorded June 30,1978,in Book 350 at Page 773 in the Records,but excepting any rights of the"Operator of the Sld Area Facilities" described therein,as assigned by the Assignment of Declarant's Rights from Snowmass Land Companyto Brush Creek Land Company,LLC,recorded December 29,1999,at Reception No. 439043 in the Records,as further assigned by the Assignment ofDeclarant Rights(Snowmass Base Village Development Parcel 1)among Brush Creek Land Company,LLC Aspen Siding Company, LLC and Intrawest/Brush Creek Development Company,LLC,recorded June 21,2006,at Reception No.525530 in the Records,as further assigned by that certain Assignment and Assumption of Declarant and Grantor Rights by and between Brush Creels Land Company,LLC and Base Village Owner,LLC dated February 28,2007,recorded March 2,2007,at Reception No. 534995 in the Records and as further assigned by that certain Assignment and Assumption of Declarant and Grantor Rights by and between Intrawest/Brush Creek Development Company, LLC and Base Village Owner,LLC dated Febrruary 28,2007,recorded March 2,2007,at Reception No.534996 in the Records. Page 2 of 10 Omner'w Policy-Schedule C Order No. 0701996-0 Legal Description Policy No: J2329613 PARCEL D: Lot 18, FINAL PLAT SINCLAIR MEADOWS,according to the Plat thereof filed December 6,2005,in Plat Book 76 at Page 59. Page 3 of 10 Owner Policy-Schodaie B Order No. 0701Y96-0 Polio,No.. J2329613 SCIinut-E B EXCEPTIONS t'ROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of. THE FOLLOWING EXCEPTIONS AFFECT PARCELS A,B AND C 1. Intentionally Omitted, 2. Intentionally Omitted. 3. Encroachments,and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien,or right to lien for services,labor ormaterial heretofore or hereafter furnished,imposed by law and not shown by the public records. 5 Intentionally Omitted 6. Taxes for the year 2007,a lien not yet due and payable, 7_ Right of the Proprietor of Vein or Lode to extract and remove his ore therefrom,should the same be found to penetrate or intersect the premises hereby granted,as reserved in United States Patent recorded January 30, 1917,in Book 55 at Page 545.(Affects All Lots) 8- Right of way for ditches or canals constructed by the authority ofthe United States,as reserved in United States Patent recorded January 30, 1917,in Book 55 at Page 545.(Affects All Lots) 9. Intentionally Omitted. 10 The burdens of the terms,agreements,provisions,conditions and obligations,but omitting any covenants or restrictions,ifany,including,but not limited to those based upon race,color,religion, sex,sexual orientation, familial status,marital status,disability,handicap,national origin,ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,as contained in General Declaration for West VillageSnowmass-at-Aspen Area,Pill-in County,Colorado recorded June 1, 1967 in Book 227 at Page 186;as amended,modified and supplemented by First Addition Declaration for West Village Snowmass-at-Aspen Area,Piddn County,Colorado recorded January 26, 1968 in Book 233 at Page 4,Second Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded December 27, 1968 in Book 238 at Page 413;Third Addition Declaration for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded November 13, 1969 in Book 244 at Page 483,Fourth Addition Declaration for West Village Snowmass-at-Aspen Area recorded November 13, 1972 in Book 268 at Page 717;Amendments to General Declarations for West Village Snowmass-at-Aspen Area,Pitkin County,Colorado recorded January 14, 1976 in Book 307 at Page 657;Amendments to General Declarations for West Village Snowmass-al-Aspen Area,Pitkin County,Colorado recorded June 30, 1978 in Book 350 at Page 773;Assignment of Declarant's Rights recorded December 29, 1999,at Reception No.439043 and Assignment of Declarants Rights Snowmass Base Village Development Parcel 1)recorded June 21,2006,at Reception No. 525530, as to rights under Master Declaration ofProtective Covenants for Snowmass-at-Aspen Residential Areas,Pitkin County Colorado recorded December 30, 1966,in Book 225 at Page 06'and as to rights under General Declaration for West Village Snowmass-at-Aspen Area,Pilkin County,Colorado recorded June 1, 1967 in Book 227 at Page 186,as amended and supplemented as assigned by Assignment and Assumption of Declarant and Grantor Rights recorded March 2,2007 at Reception No.534996.(Affects Lots 1 and 2) 11. Easement and right ofway for server lines and related appurtenances as granted by Snowmass-at- Page 4 of 10 Owners Policy-Schedule B(continued) Oider No. 0701996-0 PolicyNo.: J2329613 Aspen. ajoint venture to Snowmass Water and Sanitation District by Snowmass Water and Sanitation District OutFall Sewer Easement recorded January 19,1968,in Book 232 at Page 493,at Reception No. 129935. and as shown on the Survey entitled"ALTA/ACSM Land Title Survey,Base Village Subdivision Lots 1-9 and Parcel 7 Woodrun Unit 5,L orated in Section 1,Township 10 South,Range 86 West of the 6th P.M,Town of Snowmass Village,County ofPitkin,State ofColorado"dated January 22,2007,last revised February 16,2007,prepared by Tetra Tech as Project No.5294-001- 01 (the"Survey").(Affects Lot 1) 12. Easement and right of way for telephone and telegraph communication systems,as granted by Snowmass-at-Aspen to die Mountain States Telephone and Telegraph Company by Right OfWay Agreement recorded October 9, 1968,in Book 236 at Page 748 and 751,at Reception Nos. 132613 and 132614,as shown on the"Survey". (Affects Lot 1) 13. Those burdens contained in Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 831,at Reception No. 145287,the specific location of'which is not defined,as shown on the"Survey".(Affects All Lots) 14. Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 837,at Reception No. 145288,the specific location ofwhich is not defined. (Affects All Lots) 15. Those burdens contained in Agreement between Snowmass American Corporation,a Delaware t corporation and The Snowmass Water and Sanitation District,a quasi-municipal corporation recorded September 28, 1971,in Book 258 at Page 164,at ReceptionNo 147716. (Affects All Lots) 16. Intentionally Omitted. 17. Intentionally Omitted. 18. Intentionally Omitted. 19, Easement Agreement between the Snowmass Water and Sanitation District and Snowmass Corporation recorded March 14, 1978,in Book 344 at Page 701 recorded at Reception No. 202453, as shown on the"Survey". (Affects All Lots) 20. Easement and right of way for the purpose of installation,maintenance,operation,repair,alteration and replacement ofunderground pipelines,underground pumping equipment and other incidental underground facilities used for or in connection with its water and sewer utility systems,as granted by Snowmass American Corporation,a Delaware corporation to Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation by instrument recorded recorded May 22, 1972,in Book 263 at Page 766 recorded at Reception No. 151726,as shown on the"Survey".(Affects Lots 2, 3,4 and 9) 21. Intentionally Omitted. 22, Intentionally Omitted. 23 Right of Way Easement Agreement(Snowmass Water and Sanitation District)between die Mountain States Telephone and Telegraph Company and Snowmass Corporation recorded April 25, 1978,in Book 346 at Page 745 at Reception No 203474,as shown on the"Survey".(Affects Lots 1,2,3,7,8 and 9) 24. Intentionally Omitted. Page 5 of 10 Owner''s Policy-Schedule D(continzred) Order No. 0701996-0 Pe11cp No.. 2329613 25 Public Lands Dedication Agreement by and between the Town of Snowmass Village,a Colorado municipal corporation,and The Federal Deposit Insurance Corporation recorded July 1, 1988,in Book 567 at Page 862 at Reception No 301692.(Affects All Lots) 26. Easement and right of way for the purpose of ingress and egress and to construct,reconstruct,repair, change,enlarge,re-prase,operate and maintain an underground electric transmission or distribution line,or bath,and related appurtenances,as granted by Snowmass Land Company,an Illinois general partnership to Holy Cross Electric Association,Inc,a cooperative corporation by Holy Cross Electric Association,Inc.Underground Right-of-Way easement,recorded May 28, 1991,in Book 646 at Page 989,at reception No.332969,as shown on the"Survey". (Affects Lots 1,2,3,4,5 and 6) 27. Intentionally Omitted. 28, Trench,Conduit and Vault Agreement between Aspen Skiing Company and Holy Cross Electric Association,Inc.recorded May 27, 1998,at Reception No.417301.(Affects All Lots) 29. Notice ofDecision by Snowmass Village(as to Building 1)recorded November 10,2005,at Reception No 517313 (Affects Lot 1) 30, Intentionally Omitted, 31. Terms,agreements,provisions,conditions and obligations as contained in Town of Snowmass Village Town Council Ordinance No.21 Series of 2004 recorded February 2,2006,at Reception No. 520481,as shown on the"Survey". (Affects All Lots) 32. Easements,rights ofway and all other matters as shown on the Plat ofBase Village P.U.D.,filed February 2,2006 in Plat Book 77 at Page 30,at Reception No.520483,as shown on the"Survey". Affects All Lots) 33. Roadway License Agreement recorded February 2,2006,at Reception No.520484,as shown on the Survey" (Affects All Lots) 34. Subdivision Improvements Agreement for The Base Village Planned Unit Development recorded February 2,2006,at Reception No. 520485,as assigned by Intrawest/Brush Creek Development Company,LLC recorded March 2,2007,at Reception No.534997 (Affects All Lots) 35. Declaration of Trail Easement recorded February 2,2006,at Reception No.520487,as shown on the Survey".(Affects Lots 1,6,7 and 9) 36. Those burdens ofthe Declaration ofDrainage Easement recorded February 2,2006,at Reception No. 520488,as shown on the"Survey".(Affects Lots I and 9) 37. Declaration ofFire Lane and Access Easement recorded February 2,2006,at Reception No. 520489, as shown on the"Survey".(Affects Lots 1,2,3 and 5) 38. Easement Agreement recorded February 2,2006,at Reception No.520490,as shown on the Survey".(Affects Lots 1 and 9) 39, Intentionally Omitted. 40_ Declaration ofUtility Easements recorded February 2,2006,at Reception No.520492,as shown on the"Survey".(Affects All Lots) 41. Construction Easement Agreement recorded February 2,2006,at Reception No. 520493,as shown on the"Survey".(Affects All L ots) Page 6 of 10 Ouner}Policy-Schedule 8(c011141ed) Order No. 0701996-0 Policy No.: J2329613 42. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No.520494,as assigned by Intrawest/Brush Creek Development Company,LLC recorded March 1,2007,at Reception No.534997.(Affects All Lots) 41 The burdens of the Base Village Development Agreement recorded February 2,2006,at Reception No.520495,as assigned by IntrawestBrush Creek Development Company,L.LC recorded March 2, 2007,at Reception No. 534997. (Affects All Lots) 44. Base Village Funding Agreement recorded February 2,2006,at Reception No. 520496,as assigned by IntrawestBrush Creek Development Company,LLC recorded March 2,2007,at Reception No. 534997.(Affects All Lots) 45 Base Village Services Agreement recorded February 2,2006,at Reception No. 520497,as assigned by Intrawest/Bnrsh Creek Development Company,LLC recorded March 2,2007,at Reception No 534997 (Affects All Lots) 46. Intentionally Omitted. 47. Intentionally Omitted. 48. Intentionally Omitted. 49. Intentionally Omitted l 50 Snowmass Village Record of Decision recorded August 31,2006,at Reception No.528065 (Affects All Lots) 51. Terms, agreements,provisions,conditions and obligations,but omitting any covenants or restrictions, if any,including,but not limited to those based upon race,color,religion,sex,sexual orientation, familial status,marital status,disability,handicap,national origin,ancestry,or source of income,as set forth in applicable state or federal laws,except to the extent that said covenant or restriction is permitted by applicable law,Declaration of Covenants,Conditions and Restrictions for Commercial Units recorded November 3,2006,at Reception No,530657,IntrawestBrush Creek Development Company,LLC recorded March 2,2007,at Reception No. 534997.(Affects All Lots) 52. Town of Snowmass Village Record of Decision recorded November 9,2006,at Reception No. 530879. (Affects Lot 1) 53. Town ofSnowmass Village Record of Decision recorded November 9,2006,at Reception No 530880. (Affects Lot 7) 54. Town of Snowmass Village Record of Decision recorded November 9,2006,at Reception No. 530881. (Affects All Lots) 55. Town ofSnowmass Village Record of Decision recorded November 9,2006,at Reception No. 530882. (Affects All Lots) 56. Intentionally Omitted, 57. Intentionally Omitted 58. Easement and right of way for electric lines and related appurtenances,as granted by The Snowmass Company,Ltd.to Holy Cross Electric Association,Inc.,by Holy Cross Electric Association,Inc. Right-Of-Way Easement recorded August 19,1981,in Book 412 at Page 733 at Reception No. 234955,said easement being more particularly described therein (Affects Lots 1,4,6,7 and 8) Page 7 of 10 a merY Policy-Schedule B(conlnrredJ Oidei No. 0701996-0 Policy No.. J2329613 59. Amended and Restated Easement Agreement(Elk Camp Gondola/Funnel Bridge)recorded March 2, 2007,at Reception No.534980.(Affects Lots 1 and 2) 60. Amended and Restated Easement Agreement(Assay Hit Lift)recorded March 2,2007,at Reception No 534981.(Affects Lots 7,8 and 9) 61. Declaration of Restrictive Covenant by Base Village Owner LLC for the benefit ofAspen Skiing Company,L..L.0,recorded March 2,2007,at Reception No.534991 (Affects All Lots) THE FOLLOWING EXCEPTIONS AFFECT PARCEL D: 62, Intentionally Omitted. 63 Intentionally Omitted. 64, Encroachments,and any other facts which a correct survey would disclose and which are not shown by the public records. 65 Any lien,or right to lien for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 66. Intentionally Omitted. 67. Taxes and assessments for the year 2007 and subsequent years,a lien,not yet due and payable. 68. Right of the Proprietor of a Vein or Lode to extract and remove his ore therefrom,should the same be found to penetrate orintersect the premises hereby granted,as reserved in United States Patent recorded September 21, 1892,in Book 55 at Page 30 and May 6, 1895,in Book 55 at Page 480. 69. Right of way for ditches or canals constructed by the authority of the United States,as reserved in United States Patent recorded April 25, 1929,in Book 162 at Page 159. 70, Easement Agreement between Snowmass American Corporation,a Delaware corporation and Snowmass Water and Sanitation District,a Colorado quasi-municipal corporation recorded April 22, 1971,in Book 254 at Page 837 71. Intentionally Omitted. 72. Right ofWay Agreement between Snowmass Corporation and The Mountain States Ielephone and Telegraph Company recorded April 25, 1978,in Book 346 at Page 745,and as shown on the Final Plat Sinclair Meadows Dated November 16,2005 and recorded December 6,2005,at Reception No. 518097(the"Plat"). 73. Intentionally Omitted. 74 Intentionally Omitted 75 Public Land Dedication Agreement between The Town of Snowmass Village,a Colorado municipal corporation and the Federal Deposit Insurance Corporation recorded July 1, 1988,in Book 567 at Page 862, 76. Intentionally Omitted. 77. Intentionally Omitted. Page 8 of 10 Ouarei's Policy-Schedule B(coNlnued) Order No. 0701996-0 Policy No.: J2329613 78. Intentionally Omitted. 79 Intentionally Omitted. 80. Easements,rights-of-way and all other matters as shown on the Survey by William K.Wright,Drexel Bamell&Co,recorded February 17,2000,at Reception No.440616. 81, Trench,Conduit and Vault Agreement by and between Brush Creek Land Company,LLC and Holy Cross Energy,recorded November 5,2004,at Reception No.503880. 81 Grant of Easement and Development Agreement recorded December 6,2005,atReception No. 518096, 83. Easements,rights ofway and all other matters as shown on the Plat of Sinclair Meadows, filed December 6,2005 in Plat Book 76 at Page 59. 84. Restricted Housing Agreement recorded December 6,2005,at Reception No 518098. 85. Subdivision Improvements Agreement for Sinclair Meadows Planned Unit Development recorded December 6,2005,at Reception No. 518099. 86. The burdens of the Development Agreement recorded December 6,2005,at Reception No. 518100, 87. Base Village Restricted Housing Agreement recorded February 2,2006,at Reception No.520494,as assigned by instrument recorded March 2,2007,at Reception No,534997. 88 The effect of any failure to comply with the terms,covenants and conditions ofthe lease or leases described or referred to in Schedule A THE FOLLOWING EXCEPTIONS AFFECT ALL PARCELS: 89. Deed of Trust,Assignment of Leases and Rents and Security Agreement from Base Village Owner LLC,a Delaware limited liability company to the Public Trustee ofPitkin County for the use of Hypo Real Estate Capital Corporation,as Administrative Agent,to secure$520,394,080.00,dated March 1, 2007,and recorded March 2,2007,at Reception No,535001. 90. Assignment of Leases and Rents recorded March 2,2007,at Reception No.535002. 91. Security interest under die Uniform Commercial Code affecting subject property,notice of which is given by UCC Financing Statement,from Base Village Owners LLC,debtor(s),to Hypo Real Estate Capital Corporation,secured party,recorded March 2,2007,at Reception No, 535003. 92. Disburser's Notice by}typo Real Estate Capital Corporation,recorded March 2,2007,at Reception No 535004. 93. Deed of Trust from Base Village Owner L.LC,a Delaware limited liability company to die Public Trustee of Pitkin County for dieuse of'American Mortgage Acceptance Company and ARCap Real Estate Special Sitivations Mortgage Fmrd,L,L..C.,to secure$90,000,000.00 dated March 1,2007 and recorded March 2,2007 at Reception No. 535005, 94, Mezzanine Assignment of Leases and Rents recorded March 2,2007,at Reception No. 535006,given in connection with die above Deed of Trust 95. Memorandum of intercrediloiy Agreement by and between Hypo Real Estate Capital Corporation,as Agent,for the benefit of the Senior Lenders,and American Mortgage Acceptance Company and ARCap Real Estate Special Situations Mortgage Fund,LL C,as ofMarch 1,2007,and recorded Page 9 of 10 Omnw}Policy-Sckedede lliconlinued) Order No. 0701996-0 Policy No.: J2329613 March 2,2007,at Reception No 535007. 96 Financing Statement from Base Village Owner L.LC,a Delaware limited liability company,debtor(s), to American Mortgage Acceptance Company and ARCap Real Estate Special Situations Mortgage Fund,LLC,secured party,recorded March 5,2007 at Reception No.535040 Page 10 of 10 ENDORSEMENT Attached to Policy No. J2329613 Pile No. 0701996 Issued by First American Title Insurance Company The Company hereby insures the insured against loss which the insured shall sustain by reason ofphysical,but not aesthetic damage to improvements existing on the land at Date ofPolicy or constructed thereon thereafter, resulting from the exercise subsequent to Dale ofPolicy of any rights to use the surface of the land under the mineral interest referred to in Exception No.7 and 68 ofSchedule B("the mineral rights"),subject,however, to the following terms and conditions: 1. The insured shall notify the Company promptly in writing in case knowledge shall come to an insured hereunder of any actual or threatened exercise of the mineral rights. 2, The Company shall have the right,at its cost,to take any action which in its opinion may be necessary ordesirable in order for the Company to avoid or minimize the extent of its liability under this endorsement,including,but not limited to,any or all of the following: a) In the Company's own right,orin the name of the insured for the Company's benefit to institute,prosecute and pursue to final determination,any proceedings at law orin equity,or before any municipal,administrative, or regulatory tribunal or board; b) In the Company's own right,or in the name ofthe insured for the Company's benefit, to compel the giving ofsecurity,bond or undertaking,by the person or persons from whom the insured isentitled by law to such security,bond orundertaking,and in the same amount or amounts to which the insured or such borrower would have been so entitled had this endorsement not been issued;and c) To retain or be paid out of any such security, bond or undertaking, or out of any compensation or funds recovered by the Company or by the insured,such amount as will reimburse the Company for all payments made to the insured bythe Companyby reason of the insurance afforded by this endorsement, together.with all costs and expenses incurred by the Company in connection therewith,including attorneys'fees. 3. No rights, benefits or defenses are intended to or shall be deemed to flow or be made available to any person or entity other than the insured by reason ofthe insurance afforded by this endorsement,and the insured agrees that all of the insured's rights and remedies against third parties relating to the subject matter of this endorsement shall be deemed to have remained intact,in the same manner as if this endorsement had not be issued. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereofand of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any ofthe terms and provisions of the policy and any prior endorsements,nor'does it extend the effective dale ofthe policy and any prior endorsements,nor does it increase the face amount thereof. First Aurerican Title Insurance Company Byc Authorized Signatory Colorado Fonn No 100 31 (4194) ENDORSEMENT Attached to Policy No. J2329613 Rile No._ 0701996 Issued by First American Title Insurance Company The Company hereby insures against loss which said insured shall sustain as a result ofany exercise of the right of use or maintenance of the easement referred to in paragraph 7, 8, 13, 14, 15,28, 68 and 69 of Schedule B,over or through said land. This endorsement is made a part ofthepolicy and is subject to all ofthe terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. FirstAmerican/Title Insurance Company By: Authorized Signatory Colorado Form No 103 1(494) ENDORSEMENT Attached to Policy No. J2329613 Pile No. 0701996 Issued by FirstAnterican Title Insurance Company The Companyhereby assures the insured that said land abuts upon a physically open street]mown as: Wood Road and Carriage Road as to Parcels A, B and C Gamble Way as to Parcel D(publicly dedicated but not yet constructed) and the Company hereby insures said assured against loss which said assured shall sustain in the event said assurances herein shall prove to 6e incorrect. This endorsement is made a part of the policy and is subject to all ofthe terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. First American Title Insurance Company By: Authorized Signatory Colorado Porte No 103 7(4/94) ENDORSEMENT ATTAmteoTOrot,tcvrou. J2329613 File No. 0701996 tSSUEn BY First American Tine Insurance Company The Company hereby insures the insured against lossordamage sustained or incurred bythe insured by reason Of Any eaviyuumental protection lien which, at Date of Policy, is recorded in those records esinblished undersinte statutes at Date of Policy for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge,except as set forth in Schedule B. This endorsement is made a part ofthepoliey and issubjectto all oftheterms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither madiffesanyofthe termsandprovisions ofthepollcyand anypriorendorsement,nordoesitextend the elfra4ve date of the policy and any prior endorsements,nor does it in=ese the face amount thereof. i FirstAmerican Title Insurance Company By: Authorized Signatory FA.Form 70(Modified-4115197) Modified CLTA Form 1 10.9(3113/87) Modified ALTA Form 8.1(327187) Euvironments!Protection Lien-Owners Policy ENDORSEMENT Attached to Policy No. J2329613 File No. 0701996 Issued by First American Title Insurance Company The Company assures the insured that said land is the same as that delineated on the plat ofa survey made by Tetra Tech on February 16, 2007,designated.Job No. 5294-001-01, which is attached hereto and made a part hereof. (As to Parcels A,B and C) The Company hereby insures said assured against loss which said assured shall sustain in the event that the assurance herein shall prove to be incorrect. This endorsement is made a part ofthe policy and is subject to all ofthe terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements,nor does it increase the face amount thereof. FirstAnnerican Tiitle Insurance Company By: Authorized Signatory Colorado Form No. 116.1 (1100) l FusrAmcriwn Tir/claskwaw Company ENDORSEMENT Attachedto Potiey No. J2329613 Order No. 0701996 Issued By FIRSTAMERICAN TITLE INSURANCE COMPANY 1. the Mezzanine Lender Is: and each successor in ownership of Its loan("Mezzanine Loan')reserving,however,all Fights and defenses as to any successor that the Company would have had against the Mezzanine Lender, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect,Gen,encumbrance,adverse claim or othermatter Insured against by this policy as affecting title to the estate orInterest in the land. 2 The insured: a assigns to the Mezzanlne Lender the right to receive amounts otherwise payable to the Insured under this policy,not to exceed the outstanding Indebtedness under the Mezzanine Loan;and b. agrees that no amendment of or endorsement to this policy can be made without the written consent of the Mezzanine Lender except as provided in Section 12(a)of the Conditions and Stipulations. 3. The Company does not waive any defenses that 11 may have against the Insured,except as expressly slated In this endorsement 4 In the event ofa loss under the policy,the Companyagrees that it will not assert the provisions of Exclusions from Coverage 3(a),(b)or(e)to refuse payment10 the Mezzanihs Lender solely by reason ofthe action ortnacllon or knowledge,as of Dale ofPolicy,of the insured,provided: a. the Mazzanine Lender had no knowledge ofthe defect,lien,encumbrance or other matter creating or causing loss on Date of Policy. b. this Hmllagon on the application of acluelons from Coverage 3(a),(b)and(e)ehaG: I, apply whether ornot the Mezzanine Lender has acquired an interest(direct orindirect)In the insured artier on or after Dale of Policy,and H benefit the Mezzanine Lender only without benefiting any other Individual or entity thatholds an interest(direct or indirect)in the Insured or the land. 5. In the event of a loss under the Policy,the Company also agrees that It will not deny liability to the Mezzanine Lender on the ground that any or all ofthe ownership Interests(direct orindirect)In the insured have bean transferred to or acquired by the Mezzanine Lender,allher on or afler the Date of Policy. a. The Mezzanine Lender acknowledges: Pogc 1 l Fus[Rmerican a_••ay TitleInsurance Companp a_ that the amount orinsurance under this policy shalt be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed,assumed,or taken subject,or which is hereafter executed by an insured and which Is a charge or lien on the estate or Interest described or referred to in Schedule A,and the amount so paid shag be deamed a payment under this policy,and b_ that the Company shall have the right to insure mortgages orother conveyances of an interest In the land,without the consent of the Mezzanine Lender. T. If the insured,the Mezzanine Lender or others have conflicting claims to all or pert of the loss payable under the Policy,the Company may inlerplead the amount of the loss into Court The insured and the Mezzanine Lender shall bejointly and severally liable for the Company's reasonable cost for the Interpleader and subsequent proceedings,including altomeys'fees_The Company shalt be entitled to payment of the sums for which the insured and Mezzanine tender are liable under the preceding sentence from the funds deposited into Court,and tt may apply to the Court for their psymanL S. whenever the Company has settled a claim and paid the Mezzanine Lender pursuantto this endorsement,the Company shallbe subrogaled and entitled to all rights and remedies that the Mezzanine Lender may have against any person orproperty adsing from the Mezzanine Loan. However,the Company agrees with the Mazioanins Lender that II.shall only exercise these rights,or any right of the Company to indemnification,againstthe Insun:d,Ute Mezzanine Loan borrower orany guarantors ofthe Mezzanine Loan afterthe Mezzanine Lander has recovered Its principal,Interest,and Costs of ealledfon.Ifa payment on account of a claim does not fully cover the loss of the Insured claimant,theCompany shall be subrogaled to all rights and remedies of the insured clalmant after the insured claimant shall have recovered Its principal,interest,and costs of collection. . This endorsement is issued as part of the policy.Except as it expressly states,it does not()modify any of the terms and provisions of the policy,{1)modify any prior endorsements,(il)extend the Dale of Pbgoy or Irv) increase the Amount of Insurance To the extent a provision ofthe policy or a previous endorsement Is Inconsistent with an express provision of this endorsement,this endorsement controls.Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements AGREED AND CONSENTED TO: By:Base Milage,Owner,LLC,a Delaware limlled liability company By.American Mortgage Acceptance Company and ARCap Real Estate Special Situations Morigge Fund,_ L.LC_ FirstAmerican Tide Insurance Company Authorized Signatory Pagc 2 CMArorm 124.1 Covenants areBinding GNDORST;MGNT ATrACHEn TorOLiCVNo. J2329613 A rreCHEDTO ORDER No. 0701996 ISSUED by The Company insures against loss or damage sustained by the insured by reason of the failure,ss sbownby1119 publicrecords,oflhe covenantsand DeclamntRighis described as parcel C to be bindingupon allpartieswhobave an iDterest in treereelproperly described in the doeumentsin the attached Exhibit A to Endorsement,and upon each successive owner. This endorsement does not insuroagainst loss or damage sustained bytbeinsured by reason of"Yofthefollowing: (1)Thefailureofsuchcovanaatslobinlasuccessiveownerwhoderives ddethrou&(a)a tax deed;(b)a foreclosure of a bond oracsessment;(c)enforcement ofa federal lax lien;or(d)bankruptcy,as trustee or otherwise;or(2)nonperformance ofany said covenants. This endorsement is issued as pen of thepolicy.Except as it expressly states,it does not(r) modify any oftbeterms mud provisions of1hepolicy,G1)modify any prior endorsements,(iii)extend The Dale ofPolicy ar(iv)increase tbeAmountofla.wance.To the extent aprovisionofthepolicy or e previous endorsement is inconsistent with an express provision of this endorsement, ibis endorsementcontrols.Otberwise,this endorsementis subjectto all oftbe terms and provisions ofthe policy and ofany priarcndorsements. FirstArnericart Title Insrtrance Comparry BY: AUTHORIZED S16WATORY CLTA rpm l?L1(Rcw 6.14A61 ModlRed 2-16-07 Sprclol) ALTA Omces or Lam Policy ENDORSEMENT Attached to Policy No. CW9294354 Order No. 0701996 Issued By First American Title Insurance Company The Company insures the insured against loss or damage sustained by reason of any incorrectness in the assurance that, at Date of Policy: I. According to applicable zoning ordinances and amendments thereto,Parcel A is classified Zone Article V,Division 3 ofthe TOSV Land Use and Development code. 2. The following use or uses are allowed under that classification subject to compliance with any conditions, restrictions,or requirements contained in the zoning ordinances and amendments thereto,including but not limited to the securing of necessary consents or authorizations as a prerequisite to the use or uses: The uses described in each of the"Use Charts"contained in the Base Village Planned Unit Development Guide, attached as Exhibit B to Town of Snowmass Village Ordinance No.21, Series of 2004 recorded on February 2, 2006, at Reception No. 520481 in the Records. There shall be no liability under this endorsement based on the invalidity of the ordinances and amendments thereto until after a final decree of a court ofcompetent jurisdiction adjudicating the invalidity, the effect ofwhich is to prohibit the use or uses. Loss or damage as to the matters insured against by this endorsement shall not include loss or damage sustained or incurred by reason of the refusal of any person to purchase, lease or lend money on the estate or interest referred to in Schedule A covered by this policy. This endorsement is made a part ofthe policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated,it neither modifies any ofthe terms and provisions of the policy and any prior endorsements,nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. FirstAmerican Tile. nsurance Company By: Authorized Signatory Colorado Form No. 123.1 (4/94) Revised 9/27/86, effective 6/1/87 defense as required or permitted by the provisions of this policy, the Company any litigation, and the policy shall be surrendered to the Company for may pursue any litigation to final determination by a court of competent cancellation giisdiction and expressly reserves the right,in its sole discretion,to appeal from b) To Pay or Otherwise Settle With Parties Other than the Insured or With adverse judgment or order the Insured Claimant d) In all cases where this policy permits or requires the Company to i) to pay or otherwise settle with other parties for or in the name of v osecule or provide for the defense of any action or proceeding,the insured shall an insured claimant any claim insured against under this policy,together with any secure to the Company the right to so prosecute or provide defense in the action costs,attorneys'fees and expenses incurred by the insured claimant which were or proceeding, and all appeals therein,and permit the Company to use,at Its authorized by the Company up to the time of payment and which the Company is option, the name of the insured for this purpose Whenever requested by the obligated to pay;or Company, the insured, at the Company's expense, shall give the Company all if) to pay or otherwise settle with the insured claimant the loss or reasonable aid (i) in any action or proceeding, securing evidence, obtaining damage provided for under this policy,together with any costs,altomeys'lees and witnesses, prosecuting or defending the action or proceeding, or effecting expenses incurred by the insured claimant which were authorized by the Company settlement,and(it)in any other lawful act which in the opinion of the Company up to the lime of payment and which the Company is obligated to paymaybenecessaryordesirabletoestablishthetitletotheestateorinterestasUpontheexercisebytheCompanyofeitheroftheoptionsprovided for ininsuredIftheCompanyisprejudicedbyfilefailureoftheinsuredtofurnishtheparagraphs (b)(i) or (It), the Company's obligations to the insured under thisrequiredcooperation,the Company's obligations to the insured under the policy policy for the claimed loss or damage, other than the payments required to he shall terminate, including any liability or obligation to defend, prosecute, or made,shall terminate,including any liability or obligation to defend,prosecute or continue any litigation, with regard to the matter or matters requiring such continue any litigation cooperation 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. 5. PROOF OF LOSS OR DAMAGE. In addition to alley the notices required under Section 3 of these This policy is a contract of indemnity against actual monetary loss or o and damage sustained or incurred by the insured claimant who has suffered loss orConditionsandStipulationshavebeenprovidedtheCompany,a proof of loss odamagesignedandsworntobytheinsuredclaimantshallbefurnishedtothe damages reason of matters insured against by this policy and only to the extent Company within 90 days allot The insured claiment shall ascertain the facts giving herein described rise to the loss or damage The proof of loss or damage shall describe the defect (a) The liability of the Company under this policy shall not exceed the least of. in, or lien or encumbrance on the title,or other mailer insured against by this t) the Amount of Insurance stated in Schedule A,or policy which constitutes the basis of loss or damage and shall state,to the extent 11) the difference between the value of the insured estate or interest as possible, the basis of calculating the amount of the loss or damage If the insured and the value of the Insured estate or interest subject to the defect,lien orCompanyIsprejudicedbythefailureoftheinsuredclaimanttoprovidetheencumbranceInsuredagainstbythispolicy required proof of loss or damage,the Company's obligations to the insured under (b) In the event the Amount of Insurance slated in Schedule A at the Date p policy shall terminate, including any liability or obligation to defend, of Policy is less than 00 percent of the value of the insured estate or interest or the secure,or continue any litigation,with regard to the matter or mallets requiring full consideration paid for the land,whichever is less,or it subsequent to the Date h proof of loss or damage. of Policy an improvement is erected on the land which increases the value of the In addition, the insured cfaimanl may reasonably be required to submit to insured estate or interest by at least 20 percent over the Amount of Insurance examination under oath by any authorized representative of the Company and stated in Schedule A,then this Policy is subject to the following: shall produce for examination,inspection and copying,at such reasonable times 1) where no subsequent improvement has been made, as to any and places as may be designated by any authorized representative of the partial loss,the Company shall only pay the loss pro rata in the proportion that Company,all records,books,ledgers,checks,correspondence and memoranda, the Amount of Insurance at Date of Policy bears to the total value of the insured whether bearing a date before or alter Dale of Policy,which reasonably pertain to estate or interest at Dale of Policy;or the loss or damage Further;if requested by any authorized representative of the ii) where a subsequent improvement has been made,as to any partial Company, the insured claimant shall giant its permission, in writing, for any loss, the Company shall only pay Ilse loss pro rata in the proportion that 120 authorized representative of the Company to examine, inspect and copy all percent of the Amount of Insurance stated in Schedule A bears to the sum of the records,books,ledgers,checks,correspondence and memoranda in the custody Amount of Insurance stated In Schedule A and the amount expended for the or control of a third party,which reasonably pertain to the loss or damage All improvement information designated as confidential by the insured claimant provided to the The provisions of this paragraph shall not apply to costs,attorneys'fees and Company pursuant to this Section shall not be disclosed to others unless,in the expenses for which the Company is liable under this policy,and shall only apply reasonable judgment of the Company,it is necessary in the administration of the to (hat portion of any loss which exceeds, in the aggregate, 10 percent of the claim Failure of the insured claimant to submit for examination under oath, Amount of Insurance slated in Schedule A produce other reasonably requested information or grant permission to secure (c) The Company will pay only those costs,attorneys'lees and expensesreasonablynecessaryinformationfromthirdpartiesasrequiredinthisparagraph, incurred in accordance with Section 4 of these Conditions and Stipulations unless prohibited by law or governmental regulation,shall terminale any liability of the Company under this policy as to that claim B. APPORTIONMENT 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; If the land described in Schedule (A)(C) consists of Iwo or More parcels TERMINATION OF LIABILITY. which are not used as a single site,anda loss is established affecting one or more Of the parcels but not all, the loss shall be computed and settled on a pro rata In case of a claim under this policy,the Company shall have the following basis as if the Amount of Insurance under this policy was divided pro rata as to additional options. the value on Date of Policy of each separate parcel to the whole,exclusive of any a) To Pay or Tender Payment of the Amount of Insurance improvements made subsequent to Date of Policy,unless a liability or value has To pay or tender payment of the amount of insurance under this policy otherwise been agreed upon as to each parcel by the Company and the insured at gftgether with any costs, attorneys' lees and expenses incurred by the insured the time of the issuance of this policy and shown by an express statement or by atmant,which were authorized by the Company, up to the time of payment of an endorsement attached to this policy rder of payment and which the Company is obligated to pay Upon the exercise by the Company of this option,all liability and obligations 9, . LIMITATION OF LIABILITY. to the insured under this policy,other than to make the payment required,shall a) II the Company establishes the title,or removes the alleged defect,lien terminate, including any liability or obligation to defend,prosecute, or conlinue or encumbrance.or cures the lack of a right of access to or[Tom the land,or cures pMiru Pane 4 the claim of unmarketabilily of title,all as insured,in a reasonably diligent manner to pay only that part of any losses insured against by this policy which shall by any method,including litigation and the completion of any appeals therefrom, exceed the amount, if any,lost to the Company by reason of the impahment,by Vhave fully performed its obligations with respect to that matter and shall the insured claimant of the Company's right of subrogalion t be liabte for any loss or damage caused thereby b) The Company's Rights Against non-insured Obligors. b) In the event of any litigation, including litigation by the Company or The Company's right of subrogation against noninsured obligors shall exist with the Company's consent, the Company shall have no liability for loss or and shall include, without limitation, the rights of the insured to indemnities, damage until there has been a final determination by a court of competent guaranties,other policies of insurance or bonds, notwithstanding any terms or jurisdiction, and disposition of all appeals therefrom, adverse to the title as conditions conlained in those instruments which provide for subrogation fights insured by reason of[his policy c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without 14. ARBITRATION. the prior written consent of the Company Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF American Arbitration Association Arbitrable matters may include, but are not LIABILITY. limited to,any controversyor claim between the Company and the insured arising All payments under this policy,except payments made,for costs,attorneys' out of or retailing to this policy,anyservicm of the Company in connection with its fees and expenses;shall reduce the amount of the insurance pro Canto issuance or the breach of a policy provision or other obligation All arbitrable matters when the Amount of Insurance is$1,000,000 or less shall be arbitrated at 11. LIABILITY NONCUMULATIVE, the option of either the Company or the insured All arbitrable matters when the Amount of Insurance is in excess of$1.000,000 shall be arbitrated only when It is expressly understood that the Amount of Insurance under this policy agreed to by both the Company and the insured Arbitration pursuant to this shall be reduced by any amount the Company may pay under any policy insuring policy and under the Rules in effect on the date the demand for arbitration is madeamortgagetowhichexceptionistakeninScheduleBortowhichtheinsuredhasor, at the option of the insured, the Rules in effect at Date of Policy shall be agreed,assumed,or taken subject,or which is hereafter executed by an insured binding upon the parties The award may include attorneys'fees only it the lawsandwhichisachargeorlienontheestateorinterestdescribedorreferredtoinofthestateinwhichthelandislocatedpermitacourttoawardattorneys'fees to Schedule A,and the amount so paid shall be deemed a payment under this policy a prevailing party Judgment upon the award rendered by the Arbitrator(s)may betotheinsuredownerenteredinanycourthavingjurisdictionthereof The few of the situs of the(and shall apply(o an arbitration under the Title 12. PAYMENT OF LOSS, Insurance Arbitration Rules a) No payment shall be made without producing this policy for A copy of the Rules maybe obtained from the Company upon request endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. ompany a) This policy together with all endorsements, if any,attached hereto by b) When liability and the extent of loss or damage has been definitely fixed the Company is the entire policy and contract between the insured and the a accordance with these Conditions and Stipulations, the loss or damage shall Company In interpreting any provision of this policy,this policy shall be be payable within 30 days thereafter construed as a whole b) Any claim of loss or damage,whether or not based on negligence,and 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim,shall be restricted to this policya) The Company's Right of Subrogatfon,c) No amendment of or endorsement to this policy can be made except byWhenevertheCompanyshallhavesettledandpaidaclaimunderthispolicy, a writing endorsed hereon or attached hereto signed by either the President, aallrightsofsubrogationshallvestintheCompanyunaffectedbyanyactoftheVicePresident, the Secretary, an Assistant Secretary, or validating officer or insured claimant The Company shall be subrogated to and be entitled to all rights authorized signatory of the Companyandremedieswhichtheinsuredclaimantwouldhavehadagainstanypersonor properly in respect to the claim had this policy not been issued If requested by 16. SEVERABILITY. the Company,the insured claimant shall transfer to the Company all rights and In the event any provision of the policy is held invalid or unenforceableremediesagainstanypersonorpropertynecessaryinordertoperfectthisrightofunderapplicablelaw,the policy shall be deemed not to include that provision andsubrogation.The insured claimant shall permit(he Company to sue,compromise all other provisions shall remain in full force and effectorsettleinthenameoftheinsuredclaimantandtousethenameoftheinsured claimant in any transaction or litigation involving these rights or remedies 17. NOTICES,WHERE SENT.If a payment on account of a claim does not fully cover the lass of the insured claimant,the Company shall be subrogated to these rights and remedies All notices required to be given The Company and any statement in writing required in the proportion which the Company's payment bears to the whole amount of the to be lurnished the Company shall include the number of this policy and shall be loss addressed to the Company at 1 First American Way.Santa Ana.California 92707.or to the If loss should result from any act of the insured claimant,as stated above, office which issued this policy that act shall not void this policy,but the Company,In that event,shall be required POLICY OF TITLEINSURANCE Policy Page 4 RELATED WESTPAC APPENDIX C CONSENTS OF OWNERS July 2007 Applicationfor a Minor Amendment to PUD:Base Village 13 RELATED W EST PAC Chris Conrad Town of Snowmass Village P.O. Box 5010 Snowmass, CO 81615 July 6,2007 Re: Letter of Consent for the Minor Amendment to the Base Village PUD Dear Chris, Related WestPac,LLC and Base Village Owner,LLC consent to the submittal of the application for a Minor Amendment to the Base Village PUD that addresses Condition 7 of Ordinance 21, Series of 2004. Best Regards, Patrick Smith Related WestPac 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (D RELATED WESTPAC APPENDIX D KOR GROUP HOTEL,VICEROY DETAILS July 2007 Application for a Minor Amendment to PUD:Base Village 14 f r i r a p 1 Yp t ft x E t d s Y S Pih Y C 4 r r mot kp u 10 kV m hurd,? s V V@Ll1/ x 1- opp ® H v x x Ns p 5 H Y t P6g 0A ( Dwd o n " AML POW tb L,. n' @ +:/" 4+.' ! H r co n 1n7 o op n( t 5 o o CA In 110 oUOMt yt } x IIV I° g Ifi,. 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Fa aor' Spend Quality Time with Coro Family e Connect with Good Friends and/ or Relatives R' r c Rekindle Romance with Significant Other i, i " r , Door See Something Adventurous r'' ru, g . Rejuvenate, De- stress a! 0 improve Self, Learn Something New rr. r What Amenities An Required To Satiety These Needs/ Desires. c Arts&. Culture Water or Amusement Parks r ? '' Golf Fishing, Boating f •' x Spa, Pampering Swimming, Rafting, Surfing 5 ,_,; 6 " ,-_`' r ghtseeing, Attractions Gambling Culinary Experiences Biking, Hiking Festivals, Concerts, Events Werra Weather r ' a c • Unique Shopping Skiing, Winter Adventure Yesj rj Education, Retreats Outdoor Scenery, Wildlife r " Different Culture, Language Suectator So" t ,>x What Types of Destinations Provide These Amenities? ft National or State Park Mountain Area r; Historical Town All- inclusive Resort, Casino i+-, a a` Ocean, Beach Cruise a'' r i Urban, Vibrant City Exotic Island, Country ar rc r2K , It Mountain area, What Geography? r tx r, Rocky Mountains Regional Drive Colorado Vermont Utah Canada r " rs 5 t Wyoming Switzerland If Colorado, What Area? Denver Vail, 1- 70' Colorado Springs Telluride 3 Fetes Park Steamboat rfr; Gam. ' t * s Boulder Aspen/ Snowmnss r What Type of Lodging? National Hotel Chain Uniquo, Boutiquo Camping, R.V. Bed dt Breakfast Cabin, Ranch Vacation Home Slopeside, Convenient • Timeshare Full Service Resort Recommended, Rated Family- or Adult- 0riented • Event Sponsor/ Host Th Where To Dine/ Shop? Onsite Decision R Fr` 4 k Z: VAN Aviv5. H tq:F;Y1# Sk Pf t, s s s how M- M O Awl RIK t p 1711 Q Y° tkP9` P i EP i' 4 Yf k: f i qw , IV 1. T"pTr Y 5 k 3 o o Bea 0119 UAO— 44MA WOMSUM 90 PON ftx 3 1: r; Q xsr} N r,. Xv rr# 1t, t'+. yo-; ir2° JON 9WI GMwS l0 No4 A i Do XV° Np W4 kosnpo U# W- 1 QWIJO r 3 t r wr 3 rG f tvni r r> tri{ w J C t? #. a*'i` s a 3 ar 6 s 01 Awl 9 R i Molul wsd bac1 Sri hl ' s, t " N k. y. 4 low M. g; nun, poll Rreoi too l r/1 j spa ¢ Jar VJ RO IU R l J R IJ, ISU V. Im my can= lV S-: N 4I P a o p W x a o D D P G? o a o 0 0 Mc c MP Von us o9 Mas # aWcolf oV sQ l r r Rid I Rar s URRa1 l& For o ° moan, Im, we#, Me d0v# fla t n r 1d0M CM # Ova# OO R @n( OG@ Rp RIBo © CRJC( OOYT. 3 h H Ky TO 4 Opts.- . ' zfOofZC- I , Rf) Oo ( U15 Illi& WjQ o RODU ftk0 , ° unVt CA[ ( RU)) G6. @0). 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L} G fry viewmobea3- lir 7 vl5rs3 . 3a' iq 6 M k t5 h C t J t R 4 Y Kor Hotel Group Organizational Chart President Kor Hotel Group Nick Clayton Senior Vice President Senior Vice President Senior Vice President Senior Vice President Director Corporate Operations Design and Construction Human Resources Sales and Marketing Spa Development Luis Fernandes Randy Printz Brenda Tschamer Tom Santora Liz Ratcliff VP Project Development Senior Vice President Chief Financial Officer CManagement Asst General Counsel Hotel Development pat Priest Jason Herthel Michael R. Paneri Kor Hotel Group Sales & Marketing Organizational Chart Se V Resldaa Sets aq Madmtiq ran Sanoea preaae Dl AsMSbaw Caeporae OpecYaf Dkaeta R6X Rebtivu Efamm Makel5tralaey Sala M& keWp CM" Jmcd" Daniel Guartem Jq Mane Lau Dubwik Dead Borten b& and Managemaa Azadeh Na ft Se Aad EU OeMtt Aua Diector D'neelsr Oieeclw Oie[ br Dkepa PMW Manapa CommuiKetiwa klawkM PR Revenue Saalepy Reeeex» Mg* EMattinmeM Sales Ea Coen Cave Eau COeet Leeuro Son Makennp Mauga Akpa Malin ana Database MgM Parry Davis Ctetaa Calve AnlSallAae 9aaae GakaerD AmY Oe d Mod Greane kaea Nannla KeNn Kan Cenarti Revenue Mmuiw Re IVeEaelB & oske Oak* Otero I I I DYetlbr DienWr P31SSaa 15ebs 25pas 2 Saba 1 Select 2 Sales a Sete 2 Sties 1`---- Me-- ----- MBnWa ----------------_----- M- ega ----------.----- ---_— Mmugas_----- A1------- MenaBale ___// Rowty Subs leaks 7fo; L l_ p .-i A.yk- Qfu [ WOPEAQ1 p SSmd 4w e- @* 0 Al w t COLZ TOo tg@4,j agSum ISmaw way legq * 4 apostasy, o Stan 4yj - pup pa d ualyQ 0 J rat 3s`f F r pqjq rvsact poll I0- I° y F] O JUI 0' UI^, l 3' w F '^,[ i`- A'y © ; 53o F' 4 ' W) j' N"^, 0 Q O, Ja% t^^k`. 0. { R,#, a, pe' r F tl! 1=1: ' II:.I Plflq 110 ' J H r4AT 4r, I u OO AJ' I © • n / / lJ 6 F S Jr a °"' r sr t 9' ^' v N4 k; a • t s c he t pp AMPNRV a glopayy, t 9 6f) cGt- Q - r o 9 o {© - p¢ p oil, TWO...t c' 4 h` r o n ni ro l,r' I" . no ) f1C lJ 7 C " !' - n`iZ Ili o,JfK`` x'. r i J SOU How rO Jp ° °. ^' j' § Gno - u- no CC r ' C-7P'- g 0 0 0 0 kh yl 011 O Saw p ' a" V( Nr) I^ o r. t Q ryM1 tS: Jk tm ' Y tt ' , aa " wj'" o 0' n) PR o' 16- u o° o VVCJo UiWki o ' er 40, N b o fD— f", 1 41 w§, 0 MoJI 51i yVJ i v,v Y anP. 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Ra LIRL: vleeraypeknsprk, gs. corn t a S- Vt.., Palm Spdny v Nike Ssecansy3t Hcl, e Viceroy Palm Springs Report Balder Reporting Refers a Date: Today l April MT Dashboards l,3 pi° snit° aria°°® e ' iii • ee. r./` $ InuiLI pasaaee° ie^ pai ioni" ate Bookmarks 8 Alerts Targets Visits- Viceroy Palm Springs Conversion 800 Report Nmd95tn ReporttedMardMe Calculated - -.-Shopping can 1, 200 II f Custom[ wls,- 2a . 0 Products k 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 16 1] 18 1820 21 II 22 Si25 28 27 28 2s 20 Custoner Loyalty 1, caaraKl i Sales cycle r ; 3 Selected Month 4 mooks prior C° npegns s Se' Ory SeerrJiCerfer a April 2007 Tot*' vbds 17, 655 Finding Med ods k Related Metries -.---- Visitor Pra, llo k April 2007 Mach 2007 Technology 1. Average Vista Per k1o," Wiptn Vlstor 0.99 0.97 2. Average Pages per Vtrt 7A5 7.51 Ste Path 3. Average Ttse Spew per Vlst Cmsales) SS2 5.44 Costae Evers 140 t 4. Average Tare Spat Per( Aii9. ra Vla1or( mtrales) 5.46 5.27 v Traffic S. Total Usage Males 97. 7m 94. 740 ap& ud31,++ i•Y" a6b9b67dY"- Report Navigator Calculated Mtlrles t Paid Search Keywords- Viceroy Patm Springs Ralloal Search Keywords- Viceroy Palm Spr_ Referrers- Viceroy Palm Springs Ste Traffic k JtaaY Praq aR rkaq Pa` h aPkpa Fkldrg Methods . r- Wksd h onnwaesaa Vista Profte w.. wo be. rmoy f Ut Oeosegmaltllon . 0 vkro p> Tom aged a• Technology Seyrnoe6on . leoa« rm s. au A: On+ a wsaM tln paler DetaBa Det40a DetaOa Paths Pad Search Keyword Seer... r: % Natural Search Ksyw d Sea... r; % Referter sate... r, % I. vknroY pasn sprigs 400151. 5% 1. Yk Mpeke sprigs 2. 56821. 4% 1. NtpSlleeuvtllonssynxls. can... 1$ 611 6.6% 2. viceroy hotel poll, sprigs 10815 2. pekn sprigs hotels 808 6.7% 2. HtPAVww. yoaye. rm,/ semch... 466 1.8% 3. peke sprigs Inlets 45 2.4% 3. Iceey 759 6.3% 3. 388 1.2% 4. pain sprtgs resorts 43123% 4. . Yloeray hotel pass Mdrgs 521 4.3% 4. http:.# w . goo&. 0 wsearch... 254 0.8% S. path sprigs 35 1.9% S. viceroy hotel 461 3.8% S. Hhr./ AV sooye. camiseach... MI 0.7% 6. pose sprigs spas 341 1.8% 6. peenaprtgs Inlet 295 2,5% 6. hftP/ f ww. spafrxler. coMSps... 192 0.6% 7. kraa neblsco clmnpkrrsNp 341 1. 89E 7. pass sprigs sps 233 1.9% 7. rtp:. ff w, gooye. caNSeach... 171 0.6% a, Darn 8 alarlot AYera9e Bookkys pa VMs mePat- Speckle) 0.00 L- n 7jZen uptlYeE11 May 2007 00:30 POT Revenue per Booking- Viceroy Palm Springs 1. 500 I 1. 000 j- 1 ,-- -- - - - - 0 1 2 3 142 388 7 88 7 8 90 1 12 13 15 18 17 1819 20 2122 29 21 15 28 X272B 2930 Apa TaT camrrwasrut Selected Montle 4 rooks prim lam upewd l khY] OOT 00'10 PIiT CAles- weerayPalm Springs U.S. DMA- Vlcomy Palm Springs tm An9eM([' Xlb... i la. Anpelea( e831 a.+n. iemaan4a. u.._ unePedrae sal Ohpm( Galen.. San( iammo. t._ Pete BPrtge( Cels_ Petn sPn p 1WI) Nee Ypt( Nea Y_._- so. ape( M) L]-- I 0 1, 000 2. 000 3.9 o "- z-- Ilf000 4. 000 6,= 8, 000 Vnbrs 0 vefan Details Details C6y vest % DMA® vltl... % 1. Los Angeles( CMlorrea, Untied... 2, 915 15. 3% 1. Los Angeles( 803) 7, 940 40.1% 2. bvhe( Calfmn; a, Ikiad States) 1, 706 9B% 2. Lhspsafe 2. 676 13.5% 3. San peso( Calknia,( kaed St 997 52% 3. Sen Francls MlSen J... 1, 359 6.9% 4. Path S7wYgs( CMfern is,( Med... 841 4.4% 4. Patin Sprtge( 804) 1. 141 5.9% 5. New Yon glow Yak, Llrl ... 556 29% S. San peso( 825) 1, 051 53% 6. Orange Can"( Celfomle, ura... 532 2B% 6. New York( 501) 912 4.6% 7. San Francisco( California, units 475 23% 7. SeattleRacam( 619) 438 22% 8. Seethe( weshh9tan, Urdw St... 287 1.5% S. Meat Tjon DC( 511) 347 1B% 9. Pleasanton( CellaNe, Dnled S... 266 1.4% 9. Ptaent<( 753) 207 IA% ID. PhoeNx( Ar1wne, Uraed Slalea) 263 1.4% 10. Okep( 802) 279 IA% vpEaM31 f`8y bYbS]' 0P -- - 0 w m4• e11 k5y 2M? 0.26 ON IBM? Sss eratalyse OrrMae Headquarters: 01997- 2607 by 0nrdue, ft. Patents, Perlelrg 550 Eeet T4npw ogw arde Slecata" Snodt Llcm e end T odemak information Orem,( tah 64097 Omndae Privacy Pais CONFIDENTIAL 601. 722. 7000 Tel v j Done 8..® Plternet u E ej yr. 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Tit ;^ JJIIf7', U t-C lcJ IJ LSr f \ Lk { F' x5 VICEROY PAM` SPRINGS My Very Viceroy Bigger and Better Viceroy Palm Springs is wrapping up a busy 2006 and will continue to re- create itself as one of the quintessential' Do Drop In' locations for its local members. In 2006, we premiered art nights, martini nights, movie nights, a new hair salon, new Citron menus and an enhanced Sunday Brunch. We are looking forward to creating an unsurpassed Very Viceroy Membership program in 2007. 2007 MV Very Viceroy Membership Includes: 2516 off Breakfast, Lunch& Dinner at Citron, Seven days a week.. a 25% off best available rates at the hotel, so live large and stay the night( based upon availability) Get away weekend rates' at Viceroy Santa Monica, receive 15% off best available rates( based upon availability) Employee Referral Program- Receive up to$ 500 by referring employees to the Viceroy. r Invitations to the desert' s hottest mixers and events. YES.... You will still also have the same benefits as before, but just more, WHAT' S THE CATCH? 50 renewal fee for 2007 As an added bonus, all 2006 My Very Viceroy members will receive a gift certificate to stay at Viceroy Santa Monica or mid- week at Viceroy Palm Springs for every 10 new, qualified members who sign up as My Very Viceroy members. WHEN? Beginning 1/1/ 2007- For inquiries and for membership renewal, email vvaov' ceroyoalmsorinas. com Or call 760 320 4117 VICEROY PALM SPRINGS 415 South Belardo Road Palm Springs, California 92262 0 0 Kor Hotel Group: Occupancy, ADR, RevPar YEAR- TO- DATE STAR INDEX REPORT THROUGH 12/ 30/ 06 OCCUPANCY% ADR 5 RWPAR$ 120 4b 1300 1200 110% 250 r 180 1009b F J 160 E20U 9096 1140 150 80 Rb 1120 1100 70W --- J 1100 i 60% S50 180 KHG COMP SET OCC INDEX% KHG COMP SET ADR INDEX% KHO COMP SET Re WAR INDEX% OCCUPANCY% ADR It RevPAR$ YEAR KHO COMP SET OCC INDEX% KHO COMP SET ADP INDEX% KHG COMP SET RMPAR INDEX% Auxck 70. 80 70. 10 101. 00 215. 20 206. 42 104. 25 152. 36 144. 70 105. 29 te ej 69. 50 71. 90 96. 66 242. 54 231. 18 104. 91 168. 56 166. 22 101. 41 73. 40 70. 00 104. 86 254. 40 253. 81 100. 23 18633 177. 67 105. 10 INDEX( Occupancy, ADR, RevPAR)- Property performance divided by competitive set performance multiplied by 10. An index of 100% or higher means the the hotel' s performance Is the same or better than the competitive set. 6. UU" R/ AL Pug r t as i Ap pubo rII; I L o u co O p 0 m . fin r7.. N/ uirC`- IJ CJuY. 1 GJrsi r.- may 0 U° 0 0 0 Or,`+ Y ` u' I O sKK xe' 34, VavgQ u O - 0 lij a"`="' NJ O Yr iz. hk# rd4; ; M yds. Y t Sd tki'3 e v" Y y l r Viceroy: UVvI nrhgNnp g ha r.c CM- PAY M SE" ErBEACHM of - b nC' no : ou- Nn 0 1° loG o JL g r: J rr o. of i - u- ; nA: y fie"` t ' 04 r, IJJ f 08 awn a r Oa_ oR- oo2 C o_ omn QOIoo I- oo1 VVaf nod - W6_ 41 ft'- Jo „ aTn@0 7ba vn; •+ gip,,. r cat u • a r a O nt_ ` m L@§ " no - @@ llllUl Kom vwf t i1`( @® r 7>l nn- W0 - , lWe. M" tglj APS °- U oa p 4ul O§ mw4 ) Q., v4ontm 4 fop u AMA IVIV ' ufll 4*6 dV N109 LW 9 r. c iA sric ywg Y All MBQ, Vrc- IT I nr• nr o c 3cca r clear 1 t r rr b Tm s 0. ft Wt. CIA WI: SGIVrJG T6 gc 4• t r° f! lt1 . 0 I11Ir. llW , n. y`! r S s; 1 ol U l,, s[, ,,,! wl lfllludi Gul UJ ._ O11 V O Yv lOG:, tgf y TRAVEM. " ` t' L - oonoOnoC- 1 1Cn0A o001 Uo1600Io}' xp LEISURE tY. LAO/yy J, i•' nnow- 61c w 00Y60R- aar' y r rfAr N° V041- ` ICnn Q fU o Y('. 1' d 0U-) 4 v% gg ^ 1 COo r BUSIYORTN WICE' Ralf „ O i 1 M_ ootW§ wy) or3Mr r- Nfli- fUn . o Uo - fir. a SOME onoi -' SW j o000000S G o OR kt kk rj i ri l d f t{ a C Si M tf k> rkY ' xE kxi t^? F• 0 Viceroy Snowma ss Team Structure r I r Chetem Collins Entertainment I Lana Dubovik Area Vice President I I I I I I Azadeh Hawkins Director Marketing Communications j Director I Suzanne Goldberg Corporate I Advertising I Sales& Marketing I I Patty Davis Director Revenue Management I I Amy Deve Leisure- Virtuoso, FHR, Signature I I I I I I Joy Marts Director eCommerce Allison Ante Financial I Incentive/ Pharmaceutical I Daniel Guerrero Director Public Relations l I National Sales Corporate Support Director of Sales Revenue Manager l 1 I I I I I I I I I I I I I I Sales Manager Sales Manager I Catering/ Event I Local and State I I Catering Manager Corporate and Incentive I Manager I Association I I I I I I I I I I I I I Sales Manager I I Event Manager I Lelsum Sales I I I I I I 1 I I I I I I I Group Catering/ Events r_____--_-)- Ir Shared Services for Small Meetings- Reactive Sales i Local PR Finn 1 r Group Event Sales Team( GEST) Public Relations t3- kx A' r t fe r. t f44 4 ni% tX 9.i UU UO,I MtS -+ oi k it, IDO x w, i vt: K) 4', il ilil0WLla O Y"^ t 1" 1ss 1 ' kr' 6f'yyx' . iy'...fff.q,p k 1tyz 4 J+; 1 c Yu qtr, r of W i u' n 41- IRP9( P§ @q _ w s ut 1 N t ri g07 o0 o Pl 00 t' 0,, N O fo o. 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V' 0 0 t tai F nf s l4oWh ' ifc. - . - o@MiRn or 9 y{ , i Viceroy Santa Monica vs. The Brands COMP SET: Occupancy, f ADR RevPAR MARRIOTT MARINA DEL REY SHERATON DELFINA LOEWS SANTA MONICA BEACH HOTEL RITZ- CARLTON MARINA DEL REY LE MERIGOT A JW MARRIOTT HOTEL& SPA RUNNING 12 MONTH STAR INDEX REPORT THROUGH FEBRUARY 2007 OCCUPANCY% ADR RevPAR 120% 300 250 110% 250 225 100% 200 200 90% 175 150 80% 150 70% 100 125 60% 50 100 VSM COMP SET OCC INDEX% VSM COMP SET ADR INDEX% V$ M COMP SET RevPAR INDEX% OCCUPANCY% ADR$ RevPAR VSM COMP SET OCC INDEX% VSM COMP SEr ADR INDEX% VSM COMP SET RevPAR INDEX% 84. 60 76. 60 110. 40 290. 53 243. 21 119. 50 245. 78 186. 35 131. 90 INDEX( Occupancy, ADR, RevPAR)- Property performance divided by competitive set performance multiplied by 10. An index of 100% or higher means the the hotel' s performance is the same or better than the competitive set. Viceroy Palm Springs vs. The Brands . COMP SET. Occupancy, ADR, RevPAR HILTON PALM SPRINGS RESORT RENAISSANCE ESMERALDA RESORT & SPA WESTIN MISSION HILLS RESORT LE MERIDIEN PALM SPRINGS RUNNING 12 MONTH STAR INDEX REPORT THROUGH FEBRUARY 2007 OCCUPANCY% ADR$ RevPAR$ 120% 300 200 110% 250 180 too% 160 5200 90% 140 150 8090 120 i 70% 100 100 60% S50 80 VPS COMP SET OCC= INDEX VPS COMP SET ADR INDEX% VPS COMP SET RevPAR INDEX% OCCUPANCY% ADR$ RevPAR$ VPS COMP SET OCC INDEX% VPS COMP SET ADR INDEX% VPS COMP SET RevPAR INDEX% 600 67. 30 95. 90 227. 77 180. 37 126. 30 147. 06 121. 45 121. 10 INDEX( Occupancy, ADR, RevPAR)• Property performance divided by competitive set performance multiplied by 10. An index of 100% or higher means the the hotel' s performance is the same or better than the competitive set. 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W//' trC r r t yYy J . p.. o............•®...... mx' Y) I 1 )"". r f\ . i w. tiu. wt n t m. e.,m. m.. x L7wiwar• mw.. x r f S / P ,. 1 f ' •. 4 - rl i l r} p., a,,,,,,,.. m.x tr' '} '` ef ' 1" . i` C ' r :/ +,. ' u w `,' Gl• d-.,. a.. eg pmx...... xx. xw t RELATED WESTPAC APPENDIX F APPLICATION FORM AND EVIDENCE OF PAYMENT FEES July 1007 Applicationfor a MinorAmendment to PUD:Base Village 16 TOWN OF SNOWMASS VILLAGE PUD AMENDMENT APPLICATION PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT MEANS A CHANGE(S) IN USE OF A FINAL PUD OR SPA PLAN, OR SUBSTANTIAL CHANGES IN FLOOR AREA, HEIGHT,PARKING REQUIREMENTS, SETBACK REQUIREMENTS, OR OTHER MAJOR ADJUSTMENTS THAT CHANGE THE NATURE OF THE FINAL PUD OR SPA PLAN. GENERAL DATA REQUIREMENTS Date: July 6.2007 Name ofOwner:Base Village Owner,LLC Address: 132 West Main Street, Ste.A Aspen,CO 81611 Phone:970-544-0620 Name ofApplicant(if different than owner): Same Address:Phone: Same Address/Location of Property:Lot 8 and 9 of Snowmass Base Villa,enPUD EXISTING CONDITION INFORMTION Original PUD Approval Date: October 11,2004 Present Zoning, Lot Area(sq.M Lot 8=47,742 sf Lot 9= 146,100 sf Building Setbacks(sq. ft)0 ft&20 ft Allowable Floor Area Ratio per Zoning or PUD Plan:Lot 8=80,020 sf Lot 9=207,215 sf Square Footage ofAll Areas Calculated as Floor Area by LUC• Lot 8=81.612 sf Lot 9=201,683 sf Square Footage ofExempted Areas: Existing Buildingg eiebt: of Parking Spaces and/or Parking Space/Bedroom Ratio: Percent Open Space: PROPOSAL DATA Zoning(ifrequesting changes): No Change Proposed Building Setbacks: No Change Proposed Floor Area Ratio: No Change Proposed Total Square Footage of Improvements• No Change Proposed Square Footage of Exempted Areas: No Change Proposed Building Height: No Change Proposed#of Parking Spaces and/or Parking SpaceBedroom Ratio• No Change Proposed Percent Open Space: No Change GENERAL DESCRIPTION OF PROPOSED AMENDMENT(S): The Applicant is requesting to amend the PUD Ordinance,through a conditional modification removing subparagraph(a) of Condition 7 of the PUD Ordinance. The removal would be conditioned upon the Owner causing Brush Creek Capital Holdings, LLC to enter into the attached Development Agreement with the Town. This Agreement would require the construction of a"conference hotel'on the Snowmass Center property following the completion of the ongoing PUD approval process. SUBMISSION DATA REQUIREMENTS 1. Completed application, including statements of consistency with the applicable review standards. Attached 2. Base Application Fee(See Fee Schedule). The base fee is the minimum fee for the type of review. The actual fee will be computed by the Planning Department based upon a staff hourly rate determined by the Town Planner to be an estimate ofthe fully allocated hourly cost of review ofthe application by the Town staff, plus the actual costs incurred by the Town in employing consultants, including attorneys engineers performing services for the Town directly related to the application. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Town Planner. Snowmass Village Municipal Code, Section 16-1. Application fee is located in Appendix E 3. Certificate oftitle and letter of consent from the owners in fee simple ofthe property to be revealed. Certificate of title is located in Appendix.B. Consent of owners is located in Appendix C. 4. Affidavit of mailing and posting, copy of information mailed and the names and addresses ofthe owners to whom said information was mailed. Once we have confirmation that the Application is complete and that a hearing date is set,we will provide the required notice to all property owners within 300 feet of the affected property. 5. Improvement Survey prepared by a license surveyor within the last two years. We have included the Final Plat of Base Village in Section 4 of the Application. We request that the Town Council and the Planning director authorize the waiver of this requirement of survey pursuant to Section 16A- 5-50(a)(1) of the Snowmass Village Land Use and Development Code. 6. Site plan, including existing features, contours at 2' intervals, existing improvements, setbacks, building envelopes,property lines, general location of vegetation. The site plan approved by the Town in connection with the PUD will not change as a result of this Amendment. We request that the Town Council and the Planning Director authorize the waiver of this requirement of a copy of the site plan pursuant to Section 16A-5-50(a)(1) of the Snowmass Village Land Use and Development Code. 7. Development plan including proposed improvements, access,parking, landscaping, property lines, walkways, etc. The development plan approved by the Town is connection with the Project will not change as a result of this Amendment. We request that the Town council and the Planning Director authorize the waiver of this requirement of a copy of the development plan pursuant to Section 16A-5-50(a)(1) of the Snowmass Village Land Use and Development Code. 8. Building and floor plans, sections, elevations and roofplans. The building and floor plans, sections, elevation and roof plans approved by the Town is connection with the Project will not change as a result of this Amendment. We request that the Town council and the Planning Director authorize the waiver of this requirement of a copy of the development plan pursuant to Section 16A-5-50(a)(1) of the Snowmass Village Land Use and Development Code. 9. Verification that the proposed improvements are not in primary constraint areas. This application will not modify the PUD in terms of affecting primary constraint areas. 10. Ifrezoning is being requested, a petition in favor of the rezoning signed by either real property owners representing 80% of the land area included in the application, or certified board of directors of homeowners association representing the interests of the property(s) in question. Rezoning is not being requested. ADDITIONAL INFORMATION MAY BE REQUESTED BY THE PLANNING DEPARTMENT TO MAKE A FAIR AND WELL INFORMED DECISION. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. RULES OF PROCEDURE Prior to formal submission of a request,the applicant shall meet with the Planning Department Staff in order to review the nature of the submission and the procedures that will be required in order to process the application. PUBLIC HEARING NOTICE 1. Upon receipt of the completed application and application fee,the Planning Office shall set a public hearing date to be held before the Town Council. 2. The Planning Department shall publish notice ofthe public hearing in the Snowmass Sun at least thirty (30) days prior to the hearing: 3. The applicant shall mail notice ofthe hearing at least thirty (30)days in advance of the public hearing to all property owners within three hundred(300) feet ofthe affected property. The notice shall contain the following information: a. A description of the proposed action with reference to the appropriate section of the Code pursuant to which the application will be processed. b. A description of the property affected. c. Any drawings or plans that detail the proposed action. d. A vicinity map showing the location of the property in Town. e. A Notice of Public Hearing from the Planning Department. f. If the proposed action is a rezoning,the notice shall indicate what the present zoning is and what the new zoning will be and shall set forth the area and bulk requirements for the proposed zone as set forth in the area in Section 16 ofthe Code. Such notice shall also indicate the increase or decrease in gross residential density proposed and the increase or decrease in commercial space proposed. g. Ifthe proposed action is for approval of a subdivision, the notice shall contain a description of the types of uses proposed and shall specify the gross residential density proposed. 4. The applicant shall submit to the Planning Department an affidavit of mailing and posting, copy ofinformation mailed and the names and addresses ofthe owners to whom said information was mailed. DETERMINING PROPERTY OWNERS FOR THE PURPOSES OF PUBLIC HEARING NOTICE. The party responsible for such mailing.shall utilize as the source of names and addresses of such owners the most current list of property owners on file with the Pitkin County Tax Assessor or an official list of owners maintained by condominium and homeowners association which is current within 30 days prior to mailing, or such other sources as approved in advance by the Town Planning Department. If any party responsible to give such notice follows the indicated procedures in good faith,the failure of any particular property owner or owners to receive actual notice shall not affect the validity of proceedings which require such notice. POSTING OF PROPERTY Posting of a public hearing notice shall be made by the applicant. A sign noticing the public hearing date,time, location, purpose, and address and telephone number of the Planning Department, shall be located in a conspicuous place on the property. The sign shall be made of suitable waterproof material, shall not be less that twenty-two (22) inches wide by twenty—six(26) inches high, and shall be composed of letters not less than one (1) inch in height. REVIEW AND ACTION 1. Upon receipt and review ofthe complete application by the Planning Department Staff,the Planning Department shall then submit the complete application to the Planning Commission for review. The Planning Commission shall review the proposed amendment and make a recommendation for approval, approval with conditions, or denial prior to the public hearing. 2. Following receipt of the Planning Commission's recommendations, Town Council shall either adopt an ordinance on first reading approving or approving with conditions of the PUD or SPA amendment, or adopt a resolution denying the amendment request citing specific reasons therefore. 3. Prior to second reading and final adoption of an ordinance,the Town Council shall hold a public hearing. The PUD or SPA amendment ordinance shall be introduced fro final adoption on second reading no later than sixty(60) days after the receipt of the Planning Commissions recommendations. Failure ofthe Town Council to act shall constitute approval. 4. A proposed change that is not consistent with the Final PUD Land Use Plan and the Town Council findings require shall be subject to both conceptual and final plan review and approval. REVIEW STANDARDS IN RECOMMENDING APPROVAL BY THE PLANNING COMMISSION AND IN GRANTING APPROVAL BY THE TOWN COUNCIL,EACH MUST FIND: 1. Circumstance relevant to the request have changed, or were unknown, since final planned unit development plan approval; 2. The amendment will not increase any of the maximum limits or decrease any of the minimum limits established in Section 16-175 of the Code; 3. The proposal is consistent with the efficient development and preservation of the entire PUD and does not affect in a substantially adverse manner either the enjoyment ofthe land abutting upon or across the street from the property in question or the public interest; and 4. The amendment, if granted,will not alter the essential character of the locality. TOWN OF SNOWMASS VILLAGE PLANNING DEPARTMENT Snowmass Village Development Application Fee Agreement The Town of Snowmass Village has established a fee structure for the processing of land use applications as described in the Base Rate Fee Schedule attached hereto. A flat rate fee is collected for land use applications based on the type.of application submitted. Referral fees for other Town departments, agencies and Town consultants reviewing the application will also be collected. Applications will not be accepted for processing without the payment of required base rate fee. The fees vary dependent upon the land use application type and the complexity of the case. The determination whether an application is major or minor for purposes of establishing the Base Rate Fee shall be at the sole discretion ofthe Planning Director based upon the estimated number of hours required to process the application. The Base Rate Fee for applications which fall into more than one category shall be cumulative unless found that it may be excessive in relation to the estimated number of hours required to process the consolidated application. The consolidated Base Rate Fee may then be adjusted at the sole discretion of the Planning Director. The accrual of staff time commences at the time of the pre-application conference and this time is then deducted following receipt of the flat fee amount provided at the time application is made. The base rate fee is not refundable. More extensive staff review may be required, beyond the hourly rate and time allotted by the base rate fee, as the review time is likely to vary substantially from one application to another. Actual staff and consultant review time of the application will be charged when the hourly rate and review time exceeds the base rate fee amount. A summary report of the charge for processing and review time actually incurred will be provided to the applicant upon request. After the base fee has been exceeded,the applicant will be billed monthly in arrears for actual review time incurred. Current billings must be paid within 30 days or processing ofthe application will be suspended. An applicant may accrue and be billed additional administrative or review time following the final land use approval up to issuance of a Certificate of Completion or a Certificate of Occupancy or until the terms and conditions of the approval have been satisfied, whichever occurs later. If an applicant has previously failed to pay application fees as required,no new or additional applications will be accepted for processing until the outstanding fees are paid. No new land use applications will be accepted,building permit(s)issued or documents recorded with the Pitkin County Clerk and Recorder until all costs associated with the processing of the land use application to date have been paid. As the Applicant or Authorized Representative,I am responsible for paying all fees associated with this development review application and shall be the person designated to receive all billings under this Agreement. READ,ACCEPTEDLL AND IIAGREED TO: 1 Application(s): ?) 'IhpY { ATOY) VYIe{ Print Name: airic IV• smiA)o 10 1 K ?C GP . cAn 9fp51derclof Re WmkV>a , Pub i Date: Applicant or Authorized Representative BASE RATE FEE: S 2S, d RECEIPT NO. Applicant billing address: 132 W.ffl 0.t n`SA• SAP The Applicant is responsible for notifying the A r Town Planning Department by U.S.Mail for riQ" l/b < l D l I any change in billing person or billing address: Snowmass Village Planning Department P.O.Boa 5010,Snowmass Village,CO 51615 RTIanningWEE AGREEN= FEE SCHEDULE 08-25-04.doc SNOWMASS VILLAGE PLANNING DEPARTMENT BASE RATE FEE SCHEDULE EFFECTIVE:AUGUST 25,2004 TYPE OF REVIEW BASE RATE FEE AEU Registration — Initial.................................................................... $ 300.00 AEU Registration —Annual................................................................. $ 100.00 ACU Registration — Initial................................................................... $ 200.00 Administrative Modification 400.00 Annexations.................................................................................... $5,000.00 Appeal of Decision............................................................................ $ 300.00 Comprehensive Sign Plan.................................................................. $ 500.00 Excise Tax Application....................................................................... $ 500.00 Floor Area Calculation (Per Hour)......................................................... $ 180.00 Rezoning......................................................................................... $ 1,000.00 SPA or PUD Pre-Sketch Plan.............................................................. $ 750.00 SPA or PUD Sketch Plan.................................................................... $3,500.00 Q SPA or PUD Preliminary Plan - Minor.................................................... $4,500.00 SPA or PUD Preliminary Plan - Major.................................................... $6,000.00 SPA or PUD Final Plan— Minor............................................................ $2,000.00 SPA or PUD Final Plan— Major............................................................ $3,000.00 SPA or PUD Minor Amendment............................................................ $ 3,000.00 SPA or PUD Major Amendment............................................................ $2,500.00 Special Review-Administrative............................................................ $ . 500.00 Special Review- Other....................................................................... $ 1,500.00 Subdivision Exemption......................:................................................. $ 1,250.00 Subdivision Preliminary Plan................................................................ $ 1,500.00 Subdivision Final Plat......................................................................... $ 1,000.00 Subdivision Plat Amendment............................................................... $ 750.00 Temporary Use Permit-Administrative ................................................. $ 300.00 Temporary Use Permit-Annual ........................................................... $ 500.00 Temporary Use Permit -Annual Renewal....................................... $ 200.00 Sign Permit .............................................................................. $ 100.00 Variance................................................................................. $ 600.00 Vacation of Recorded Plat.......................................................... $ 1,000.00 Zoning Plan Review— Minor................................................................ $ 700.00 Zoning Plan Review— Major................................................................ $ 1,500.00 Development, design, or other review not covered above..................... At Hourly Rates Hourly Rates When Review Costs Exceed Base Fee: TownStaff........................................................................................... $ 180.00 TownAttorney...................................................................................... $ 250.00 TownEngineer ............................................................................. ........ $ 110.00 Planning Dept. Secretary........................................................................ $ 65.00 Notes: 1. Base Rate Fees do not include recording FRsts,whiFh are at the appliFant's expense. 2. Mailing, shuttle transportation for site visits, long distance phone charges, courier and copying expenses will be billed at Town cost. Planning Commission or Town Council meeting audio or video tapes copied at$25.00 per tape copied. 3. 1 utside consultants or contract services retained as needed by the Town to process, review or administer the application will be reimbursed by the applicant. 4. The determination whether an application is major or minor for purposes of establishing the Base Rate Fee shall be at the sole discretion of the Planning a irector based upon the estimated number of hours required to process the application. P:Pla ingTEEAGREENIEaT FEE SCHEDULE 08-25-04.doc rRELATED WESTPAC APPENDIX G ADDENDUM FOR A WAIVER TO THE PUD FOR BASE VILLAGE July 2007 Applicationfor a MinorAmendment to PUD:Base Village 17 rRELATEDc ADDENDUMFOR A WAIVER TO THE PUD FOR BASE VILLAGE Submitted June 91, 2007 rRELATED W E T A Chris Conrad Town of Snowmass Village P.O. Box 5010 Snowmass, CO 81615 June 11, 2007 Re:Waiver Request under Condition 7 of Ordinance 21, Series of 2004 Dear Chris, We are submitting to you additional information that you and the Planning Commission requested at the June 6, 2007 Planning Commission Meeting, specifically an outline of the Viceroy Management Agreement and a Summary of Governance Structure: in addition to the requested information,we have included the document provided to the Planning Commission and Staff at the June 6 meeting. Related WestPac, is committed to providing the Town and community the information they need to fully review the Waiver Request for the Viceroy. We are confident that Viceroy is the right choice for the community and will prove to be an enhancement to the Base Village PUD. We look forward to your review and consideration of this proposed amendment to the PUD with Town Council June 18, 2007. Please contact Carey Shanks at 970-618-0589 if you have any additional needs. Best Regards, . Patrick Smith Related WestPac 132 West Main Street, Suite A, Aspen, CO 81611 970) 544-0620 (t) (970) 920-3384 (f) rRELATED SECTIONS SECTION 1 Questions and Answers SECTION 2 Client Testimonials SECTION 3 Pyramid of Decisions SECTION 4 HVS Report SECTION 5 Management Plan SECTION 6 Summary of Governance Structure June 2007 Addendum fora Waiver to the PUD:Base Village r RELATED WESTPAC SECTION 1 Questions and Answers The Kor Group,Viceroy and Related Westpac have provided responses to common questions asked throughout the Viceroy public outreach meetings. 1. Why Snowmass Village? 2. What is Kor,Viceroy's history with group business? Group sales—city-wide vs. smaller groups. 3. What is the strength of Kor's and the Viceroy Snowmass sales force? 4. How many rooms can Viceroy devote to group business, especially during high season? 5. How will this-be staffed when there are so many other properties coming on line? 6. How will Viceroy deal with the local housing shortage for their year around employees? 7. What is Kor's knowledge of the seasonal mountain resort market? 8. What type of services does Kor's provide to guests and owners? 9. Infrastructure for meeting space and how the meeting space is managed 10. How will Viceroy compete directly with the existing lodging community and how will it attract and ultimately bring in guests that are currently being lost to other locations? 11. What impact does an owner of a condo have with regard to the rental program? 12. Confirm that Kor would be interested in the local reservation system 13. What is the Vision of Kor Hotel Group,Viceroy, specific to Snowmass Village? 14. What is the marketing plan for Kor,Viceroy, specific to Snowmass Village? 15. What will Snowmass Village gain from having Kor,Viceroy on board? 16. What is the difference between a national chain to a national brand? 17. Is Kor,Viceroy leasing the service areas,restaurant, common areas? 18. How can Snowmass Village be assured that Viceroy will remain in Snowmass Village for the long run? 19. How will beds remain H.O.T?Will you rent units prior to the sale of the units? 20. Explain the financial staying power of Kor,Viceroy. 21. What is causing Kor,Viceroys success against its competitors? June 2007 Addendum to the Request for a Waiver 1 RELATED WESTPAC 1. Why Snowmass Village? A new-build,Viceroy-branded hotel in Snowmass Village is paramount to the overall growth objectives of the Kor Hotel Group. Our brand has been carefully grown from Santa Monica and Palm Springs into confirmed locations in Miami,Anguilla,Mexico, and South America. Together with the premiere Colorado destination,these locations will satisfy the latent demand from Kor's loyal customer base. Kor Hotel Group looks forward to developing a uniquely Snowmass Village location,that continues its commitment to developing one-of-a-kind environment that complements and exemplifies local culture and customs. 2. What is Kor.Viceroy's history with group business? Group sales—city-wide vs. smaller oups. Group business will represent about 25% of the property's overall market segments. 80% of which will come from small to medium size groups of less than 30 rooms on a peak night. Highly experienced in generating group business with limited meeting space, the Kor sales organization maintains extensive relationships with Helms Briscoe, Conference Direct and David Green and Associates, as well as having a network of corporate,incentive and association customers. In addition,Kor is actively represented at various meeting planner events and affiliations,including MPI,ASAE, Springtime in the Park, and the Motivation Show. The Viceroy Snowmass on-site team will play an integral role in developing a sales and marketing effort in conjunction with local hoteliers and local visitors bureau authorities to attract and capture village-wide"groups,which will maximize the revenue opportunities for the entire hospitality and retail community of Snowmass Village. 3. What is the strength of Kor's and the Viceroy Snowmass sales force? In addition to the property sales team (see attached Organization Chart),Kor Hotel Group will provide extensive sales representation in the key feeder markets, deployed against strategic geographic and market segment territories. With an integrated Delphi sales and catering system for global and property sales, and a dedicated focus on Entertainment,Fashion, Commercial Production,Financial, Retail,Incentive, Pharmaceutical and Leisure industries,Kor Global Sales organization will become an extension of Viceroy Snowmass'on-site sales team,which will be focused on proactive sales and representation of the property nationwide. June 2007 Addendum to the Request for a Waiver 2 RELATED WESTPAC 4 How many rooms can Viceroy devote to group business, especially during high season? Kor evaluates every opportunity on a case-by-case basis to determine the fit of a potential group, based on wide range of such parameters,including the arrival date, stay patterns, food and beverage contribution, auxiliary revenues,PR exposure, and displacement. In essence,there is no limit to the number of rooms allocated to group. 5 How will this be staffed when there are so many other properties coming on line? As with all openings,Kor recruits a leadership team that will be responsible for the hiring process of appointing a group of colleagues with a proven range of skills,required to run a seasonal mountain resort.This team will be charged with hiring the he level managers and hourly staff. Kor also taps into the existing properties and the corporate team to help train and launch the property during the opening. G. How will Viceroy deal with the local housing shortage for their year around employees? The approval of the Base Village PUD included 137,455 square feet of employee housing. Although Viceroy employees do not get first priority of these units,the overall affordable housing base will be increased to support the housing demand of the Viceroy. 7. What is Kor's knowledge of the seasonal mountain resort market? Much like in other destinations,Kor recruits the talent with the expertise in the corresponding markets,as it relates to sales and marketing, distribution, and operations. For example, as Kor embarked on Viceroy Anguilla,it retained Jan Tibaldi as a General Manager. Prior to Kor,Jan was the General Manager of the One&Only Le Saint Geran in Mauritius. Jan's strong expetience,from his prior positions of managingluxury resorts in a self-contained island environment enabled the property to overcome any challenges,unique to its remote location. As in Anguilla,Kor will hire someone with appropriate industry experience to enable the property to successfully launch and position Viceroy Snowmass in the community. 8. What type of services does Kor's provide to guests and owners? Hotel Services Kor delineates the"hotel services"it provides to any particular project into `Basic Services" and"A la Carte Services", as follows: Basic Services: Basic Services are those services and amenities that are generally available to all unit owners in a given project simply by virtue of their ownership in the project. These Basic Services include those services and amenities that would typically be available to an June 2007 Addendum to the Request for a Waiver 3 RELATED WESTPAC owner in a traditional luxury condominium project that did not include a transient hotel operation. Examples,of Basic Services include common area maintenance and repair (including insurance and security),valet parking,concierge services,porter service,pooldeck towel service, etc. Because the Basic Services are generally available not just to residential unit owners in a given project,but also to all hotel guests in that project,the total cost associated with delivering Basic Services to a project are reflected in the hotel operating pro forma for that project. On a line-item-by-line-item basis,Kor allocates to the residential unit owners a proportionate share of the cost of the Basic Services. The methodology supporting the allocation of Basic Service expenses to the residential unit owners varies by the type of Basic Service,but typically includes allocation based on proportionate square footage (e.g., common area utilities, common area taxes, etc.) and allocation based on the number of incremental project staff dedicated to delivering Basic Services to the residential unit owners (e.g., concierge services,porter services, common area housekeeping,etc). The aggregate amount of Basic Service expenses allocable to the residential unit owners typically comprises all (or substantially all) of the homeowner association budget for the residential unit owners. Ala Carte Services:Ala Carte Services are those services and amenities that would be available for separate purchase by residential unit owners on a consumption basis, above and beyond the Basic Services available to all residential unit owners generally (i.e.,without regard to consumption). Examples of A la Carte Services include room service,in-unit housekeeping,in-unit maintenance/engineering,spa services, grocery stocking, etc. Residential unit owners can elect to receive any range of A la Carte Services by executing a comprehensive A la Carte Services agreement directly with Kor (typically used for recurring services like in-unit housekeeping or maintenance/engineering) or otherwise availing themselves ofproject amenities on an ad hoc basis e.g., spa services,room service, etc.). Kor Club Residential owners at Viceroy Snowmass will also have the opportunity to participate in Kor Club,a private members-only program available exclusively to owners at Kor's Viceroy and Tides resorts and residences worldwide. Available on a complimentary basis to Viceroy and Tides owners participating in Kees rental management programs and available for purchase by Viceroy and Tides owners not participating in a rental program,Kor Club affords owners the highest level of Personalized attention and service year-round,including exclusive access to Kor Concierge and VIP entry privileges and preferred discounts at signature Viceroy and Tides amenities. Membership in Kor Club includes: 24-hour worldwide access to the Kor Concierge team Kor Card -Personalized Membership Access Card Preferred Pricing at all Viceroy and Tides Signature Restaurants Priority Seating Reservations at all Viceroy and Tides Signature Restaurants Preferred Pricing on Hotel Reservations at participating Viceroy and Tides properties Complimentary Upgrades at participating Viceroy and Tides properties Exclusive Kor Club Events Kor Club Quarterly Newsletter June 2007 Addendum to the Request for a Waiver 4 r RELATED WESTPAC 9. Infrastructure for meeting space and how the meeting space is managed Kor hotels'business philosophy is to complement the group business with various small to medium sized catering and meeting-space-only opportunities,which supplement the revenues and enhance hotels'presence in the local communities. This layered approach to building the property's awareness allows the hotel management to accommodate a wide range of customers and events,while sustaining the hotel's revenue streams through various seasons. 10. How will Viceroy compete directly with the existing lodging community and how will it attract and ultimately bring in guests that are currendy being lost to other locations? Viceroy's unique design appeal and marketing savvy has proven to generate incremental demand, which will only enhance the town's current positioning in the meetings, events and travel industry community. It's been our experience that the Viceroy product brings a strong influx of business to . the communities,which were not previously explored by the group's loyal customer base. In other words, this new found awareness will generate additional revenue for the existing lodging community. 11. What impact does an owner of a condo have with regard to the rental program? A purchaser of a condominium unit at Viceroy Snowmass will have the opportunity to participate in Kot's rental management program for the project. The program will be entirely voluntary (i.e., an owner may purchase a unit without having to participate in the rental management program),would not involve the pooling of income between unit owners, and would contain an unbiased computer rotation system intended to cause hotel guest reservations to be rotated fairly among similar quality units. In general,Kor has seen significant participation by unit owners in Kor's rental management programs,in some cases neat one hundred percent. 92. Confirm that Kor would be interested in the local reservation system Viceroy will participate in the local reservation system by extending an adequate allotment for their customers.In addition,Kor and Viceroy will work with the town on other co-op marketing opportunities. 13. What is the Vision of Kor Hotel Group,Viceroy. specific to Snowmass Village? Kor Hotel Group understands and appreciates the town of Snowmass Village's goals: to keep its loyalists and expand its target in order to embrace the future and new generations. Like Snowmass Village, the Viceroy brand creates and delivers authentic recreation, diversion, and togetherness experiences and traditions within inspiring environments. Viceroy's onsite sales and marketing team efforts will be supported by the company's public relations,marketing, and an aggressive direct sales campaign. June 2007 Addendum to the Request for a Waiver 5 RELATED WESTPAC 14 What is the markednig plan for Kor,Viceroy, specific to Snowmass Village? Kor has developed a comprehensive sales and marketing distribution system that encompasses the following: Direct Sales - consistent proactive sales efforts,including key feeder missions,local sales blitzes and dedicated division to small meetings; Marketing affiliations—Kor National sales will ensure property's inclusion in such leading industry affiliations as Virtuoso, Signature, Fine Hotels and Resorts,and Andrew Harper's Q Club; Trade show participation—a consolidated travel and tradeshow schedule for the entire group that maximizes presence in key markets; Familiarization Trips- from construction and hard hat tours to a Meeting Planner advisory board, Viceroy will create the excitement and energy that Snowmass Village deserves; National Sales—Kor's growing national sales team will enhance hotel's on site sales efforts with the corporate representation to Entertainment, Fashion,Commercial Production,Financial,Retail, Incentive and Pharmaceutical segments; Revenue Management—fully integrated systems and tools that will allow the dedicated revenue manager and inventory controller to providethe maximum yield and stimulate promotional opportunities during off season; Central Reservations (24/7) —Kor's dedicated reservation agents will be trained to become certified destination experts, able to answer various location,local attractions and activities question; E-commerce—a concise interactive campaign will be created to optimize Viceroy Snowmass' presence with the top search engines,including the natural and paid listings and link creation; Public Relations will play a key role in securing Snowmass Village's reputation as the up-and- coming year round resort destination. This dedicated focus on individual location is one of the key differentiators between Kor and other chains. Our in house PR department efforts will be supported by the New York and Miami outreach efforts; Marketing Communications—Kor in-house marketing and on site leadership team will create an engaging marketing campaign to reflect the destination's unique environment and appeal to a wide travel audience of families, couples,groups and conventions, etc. Viceroy Snowmass dollars will be leveraged with the rest of the portfolio's media and direct mail budgets to provide a maximum exposure; Ongoing training—Kor Hotel Group encourages all of its employees to take advantage of continuous training classes,facilitated by the internal experts and outside trainers (Kor University, Master Connections and Associates, etc). June 2007 Addendum to the Request for a Waiver 6 RELATED WESTPAC 15. What will Snowmass Village gain from having Kor.Viceroy on board? Kor Hotel Group's brand pillars consist ofintuitive service,inspiring design,innovative culinary experiences and a holistic approach to wellness.The Company's dedication to unique destination environment will enhance Snowmass Village's appeal in national and worldwide media, stimulating incremental business for the town and the community. The group takes a proactive approach in addressing the unique needs of various types of customers, providing a wide range of memorable experiences. The Company's swift approach to adapting up- to-the-moment trends will continue to provide progressive experiences and will epitomize modem individuals,families and groups to make Snowmass Village a"first to know, first to go","must experiencel" destination. In addition,Viceroy's culinary talent,proven ability to produce newsworthy events,intriguing public relations initiatives and inspiring catering influences attract world travelers and provide a supportive local following. 16. What is the difference between a national chain to a national brand? Please see the HVS Report-Attached 17. Is Kor.Viceroy leasing the service areas, restaurant, common areas? No. Kor will be providing full-scale operational/management services to all aspects and amenities of the Viceroy Snowmass project. This is in keeping with Kor's standard practice at all ofits hotels and resorts. However,in order to preserve future flexibility,some amenities and spaces of the project typically, areas such as restaurant,gift shop,bar and spa) may be separately subdivided or condominiumized. 18. How can Snowmass Village be assured that Viceroy will remain in Snowmass Village for the long run? Viceroy has entered into a 15 year management agreement with two 10 year options to extend. 19. How will beds remain H.O.T?Will you rent units prior to the sale of the units? As mentioned above,Kor's rental management programs are entirely voluntary (i.e., an owner may purchase a unit without having to participate in the rental management program). In order to facilitate participation in the rental management program,Kor operates, on behalf of the project's developer/owner,a rental management office,the staff of which is charged with marketing the rental management program to owners and prospective owners at the project. Once in the rental management program, owner use of participating units is capped (both annually and by season) and generally restricted by"blackout dates", so as to maximize paid guest occupancy during periods of peak compression. June 2007 Addendum to the Request for a Waiver 7 r0 RELATED WESTPAC In general,Kor rents all hotel guestrooms in its regular inventory even prior to sale. All such units are included in the standard reservation rotation system use in connection with rental management program units. Developer-owned units are not typically given priority over third party units in the rental management program;instead,reservations are rotated among similar quality units without regard to ownership. 20. Explain the financial stayigapower of Kor.Viceroy. The Kor Group is a privately-held real estate development and management company with three partners: Brad Korzen (Chief Executive Officer),Jeff Smith (Chief Operating Officer), and Frank Iaffaldano (President). Kor's primary equity partner is Lubert-Adler Real Estate Funds out of Philadelphia, Pennsylvania headed by Dean Adler. Kor has a long-standing 10+ year relationship with Lubert-Adler since its inception, during which time they have co-invested over$1 billion of equity in hotel,resort, and residential acquisitions and developments. Kor is Lubert-Adler's 2°d largest operating partner, and its largest hospitality partner. The joint investments have generated an average annual leveraged return in excess of 27%. Lubert-Adler is an equity partner on all of Kor's hotel and resort projects, and many of Kor's residential developments. Lubert-Adler has invested in over$20 billion of real estate assets through its five funds,with nearly$5 billion of equity raised. Kor also has significant equity and debt sponsorship with Perry Capital,Citigroup,Bank of America, LaSalle,and East West Bank throughout its portfolio. 21. What is causing Kor,Viceroys success against its competitors? Inspiring design presence unlike any other Signature look and feel that is never interchangeable with any other property In house expertise and flexibility,as it relates to design,programming,rate structure and positioning Focus and high-level involvement of Kor executive team Expansion of team and the commitment to service-driven culture PR excitement Inventive food and beverage experiences Acclaimed chefs, signature cocktails,top-quality ingredients,inspiring settings Ability to drive revenue,position and hire the best talent June 2007 Addendum to the Request for a Waiver 8 rRELATED WESTPAC SECTION 2 Client Testimonials The Kor Group,Viceroy has provided several client testimonials from individuals who are who work in the industry of group sales. 1. The Meeting Designers 2. New York Rangers 3. Northrop Grumman Corporation 4. MMG Worldwide 5. Palm Springs Desert Resort Communities June 2007 Addendum to the Request for a Waiver 9 rM RELATED WESTPAC The Meeting Designers Our company represents various Corporate and Association clients throughout the United States that have numerous meetings each year. The current trend seems to be the hunt for a "WOW" factor in our client's site search and location selection for their events. Why Viceroy?—because they most definitely offer the "WOW'. From the initial contact whether it be for a group booking, catering event or personal travel, , the Viceroy offers the highest in customer service and then backs it up with their staff and product. They provide high quality unique luxury hospitality, and will add value and excitement to the Snowmass-Aspen community.Why not Viceroy? Respectfully, Penny Tilton Penny Tilton Regional Vice President The Meeting Designers 37 White Dove Court Sparks,NV 89441 T: (775) 424-1724 F: (310) 496-0485 E:ptilton@a,meetingdesigners.com Viceroy Palm Springs &Viceroy Santa Monica i June 2007 Addendum to the Request for a Waiver 10 r0 RELATED WESTPAC New York Rangers How could it NOT be a Viceroy!" Exquisite Style, Impeccable Service, and Attention to what matters most, the guest...there is no place quite like a Viceroy property. When you walk in,you know you've set yourself apard" Jason Jason Vogel Vice President Sports Team Operations New York Rangers 2 Penn Plaza New York NY 10121 T: (212)465-6485 F: (212) 465-6492 E: Tason.VogelQt,thegarden.com Viceroy Santa Monica June 2007 Addendum to the Request for a Waiver 11 r RELATED WESTPAC Northrop Grumman Corporation Your"boutique-sized hotel is idyllic and preferred by our senior management for ease of negotiating from room to room when compared to a large hotel". The "high staff to guest ratio equated to better service" and we loved the "innovative food options" and"intimate dining locations". Carey Carey Campbell Corporate Travel Manager Northrop Grumman Corporation 1840 Century Park East Los Angeles CA 90067 T: (310) 210-3105 F: (310) 556-4060 E: care .cg=beU@neTgcom Viceroy Palm Springs June 2007 Addendum to the Request for a Waiver 12 rRELATED WESTPAC Palm Springs Desert Resort Communities C (-} IIVEI•II ICill AH [) til 'iITCII? ' AUTHCI ? I1"f May 18,2007 Mr.Jonathan Heath Viceroy Palm Springs 415 South Belardo Road Palm Springs,CA 92262 Dear Jonathan, On behalfof the Palm Springs Desert Resort Communities CVA,I want to thank you for taking such good care of Bob Whitley,President ofUSTOA during his recent site visit. Mr.Whitley was extremely impressed with the Viceroy Palm Springs;he shared very positive comments on the quality ofservice and the luxury"Hollywood feel"ofthe Viceroy Palm Springs. The Viceroy Palm Springs and the entire Kor Hotel Group has really raised the bar on luxury hotel experience in the desert area. Mr.Whitley kept referring to the quality and high standard that the Kor Hotel Group delivers with all of its properties and how fortunate we are to have a Kor Hotel property as a part ofour destination. Jonathan,as you know,this is not the first time we have heard this. We truly value our relationship with the Viceroy Palm Springs and in my thirty years in the industry have never worked with such a professional and dynamic group. I am pleased to announce that USTOA has selected us as the location for their 2008 Annual Conference. Get ready,your name is already at the top ofthe list for the USTOA Host Committeal I look forward to seeing you during our upcoming Australian and New Zealand FAM. We have excellent clients and they are all looking forward to the Viceroy Palm Springs experience. Sincere(Weekie e Woody Vice-President Tourism&Membership WP/la Serving the Retail Rosati Communities of Riverside county Cathedral City•Oonorl not sprinus•Indian Waits• Indio•La cuinte•role,assert •palm serious•nations Mirage 70.100 nighnay III •0eneho Mirage,CA 02270•T.700.770.9000•TF:900.967.3707•F:703.770.9001 •palmepringeuay.eom Washington,DC Boltz 0111ce • 515 fling Streal.Suite 315 • Aloy06erle,VA 22314•Ti 703.549.0026 • F:103.519.7579 13 rRELATED WESTPAC May 22,2007 Mr.Brad Korzen E Founder and CEO g The Kor Group 5750 Wilshire Boulevard SuiteSoo a Los Angeles,CA 90036 3mE Bear Brad, E My company,MMG Worldwide,works as the marketing contractor for the Colorado Tourism Office(CTO)in executing the state's tourism advertising,promotion and public relations effort.Our Froo million firm also works exclusively in the travel industry worldwide,g 9 and I have heard from several industry players about Kor Group's plans for development at MMGWQRLWIDE the bass of Snowmass Village. Given the quality of development that Kor has engaged in on a national level,the Viceroy is a welcome addition to Colorado and the phenomenal collection of resorts in the Aspen area l have worked with companies such as Intrawest and Starwood's Luxury Collection for many r years,and your investment in the Viceroy brand as the flagship for Snowmass will be a unique and exciting addition tothe product already operating throughout the state. I hope you will let me know if MMG can be of any support in your work at Snowmass or.ifI i can share more about our on-going promotions for the5tate ofColorado. a in regards, 6 Clayton Pei President and Managing Partner cp Tom Santora-The Kor Group June 2007 Addendum to the Request for a Waiver 14 rRELATED W ESTPAC SECTION 3 Pyramid of Decisions Attached is a pyramid detailing the process of decisions a traveler faces once they have chosen to take a vacation is provided by the Snowmass Village Marketing Department. June 2007 Addendum to the Request for a Waiver 15 rRELATED WESTPAC What Is Driving The Vacation Decision? Spend Quality Time with Core Family Connect with Good Friends and/or Relatives Rekindle Romance with Significant Other Do or See Something Adventurous r Rejuvenate,De-stress Improve Self,Learn Something New What Amenities Are Required To Satisfy These Needs/Desires? Arts&Culture Water or Amusement Parks Golf Fishing,Boating Spa,Pampering Swimming,Rafting,Surfing Sightseeing,Attractions Gambling Culinary Experiences Biking,Hiking Festivals,Concerts,Events Warm Weather Unique Shopping Skiing,Winter Adventure Education,Retreats Outdoor Scenery,Wildlife Different Culture,Language Spectator Snorts What Types of Destinations Provide These Amenities? National or State Park Mountain Area Historical Town All-Inclusive Resort,Casino Ocean,Beach Cruise Urban,Vibrant City Exotic Island,Country If Mountain area,What Geography? Rocky Mountains Regional Drive Colorado Vermont Utah Canada Wyoming Switzerland IfColorado,What Area? Denver Vail,I-70 Colorado Springs Telluride Estes Park Steamboat Boulder Aspen/Snowmass What Type ofLodging? National Hotel Chain Unique,Boutique Camping,R.V. Bed'&Breakfast Cabin,Ranch Vacation Home Slopeside,Convenient Timeshare Full Service Resort Recommended,Rated Family-or Adult-Oriented • Event Sponsor/Host Where To Dine/Shop? Onsite Decision June 2007 Addendum to the Request for a Waiver 16 RELATED WESTPAC SECTION 4 HVS Report June 2007 Addendum to the Request for a Waiver 17 INTERNATIONAL April 30,2007 Mayor Douglas Mercatoris Council Members: Sally Sparhawk Arnie Mordldn Reed Lewis Jolm Wilkinson Town Manager Russell Forrest Re: Proposed Viceroy Hotel Snowmass Village,CO Ladies and Gentlemen, HVS International, a leading Global Hospitality Consulting Firm, was retained by Kor Hotel Group to provide an independent review of the suitability of opening a Viceroy Hotel in Snowmass Village, CO, versus another commercial brand such as a Westin by Starwood, or similar. Our review consisted of evaluating the Viceroy brand and the performance of existing Viceroy hotels, Kor Hotel Group and its senior officers, and the specific market conditions in Snowmass Village. Our methodology consisted of a detailed analysis of the performance of existing Viceroy hotels versus other commercial brands in their respective markets, interviews with property management of existing Viceroy hotels, interviews with senior company officers of the Kor Hotel Group,and an overall analysis of the Kor Hotel Group. Based on the development pipeline and strong media presence, we think that Viceroy Hotels & Resorts is a nationally recognized brand. Based upon their significant growth over the past five years,we anticipate that the brand will gain even more momentum as additional properties come on line. We note that our remuneration is not contingent upon our findings,and that our analysis has been completed independently of any company objectives that the Kor Hotel Group may have in the development of the aforementioned property in Snowmass Village. i 2 We trust that you find our analysis, findings and conclusions useful in your evaluation of the aforementioned project. Please do not hesitate to contact us should you have any further questions regarding the information provided herein. Very truly yours, HOSPITALITY VALUATION SERVICES A Division of Hotel Appraisals,LLC Gisle Sarheim Vice President 41 Roland de Milleret Senior Vice President r 28'hMO we- Stephen Rushmore,MAI,FRICS,CHA Managing Director GS:RdM i 3 HVS INTERNATIONAL HVS INTERNATIONAL is a fully integrated consulting firm focusing exclusively on the hospitality industry,and provides a wide range of services to owners, lenders and operators throughout the world. Rounded in 1980, HVS International is the world's leading specialist hotel and hospitality consultancy. With more than 20 offices globally, HVS offers unparalleled international hotel and hospitality market expertise. Worldwide,the firm has acted on over 15,000 assignments in over 60 countries,providing up-to-date knowledge of all of the world's key markets.HVS International literally wrote the book on how to appraise a hotel, available through the American Appraisal Institute.Numerous articles and surveys written by our consultants are published each year,both on a regional and a global basis,including the Hotel Valuation Index, Transactions Article, Canadian Lodging Outlook, Salary Review and more,in addition to our weekly Global Hospitality Report and regional Lodging Industry News. OBJECTIVE &The objective of our assignment is to provide an independent review of the METHODOLOGY suitability of opening a Viceroy Hotel in Snowmass Village, CO, versus another commercial brand such as a Westin by Starwood, or similar. Our review consisted of evaluating the Viceroy brand and the performance of existing Viceroy hotels, Kor Hotel Group and its senior officers, and the specific market conditions in Snowmass Village. Our methodology consisted of a detailed analysis of the performance of existing Viceroy hotels versus other commercial brands in their respective markets, interviews with property management of existing Viceroy hotels, interviews with senior company officers of the Kor Hotel Group, and an overall analysis of the Kor Hotel Group. Interviews were conducted with Nick Clayton,President of Kor Hotel Group, and Tom Santora, Senior Vice President Sales & Marketing, in New York on April 18, 2007. Telephone interviews were also conducted with general mangers of existing Viceroy hotels to better understand market positioning and performance, sources of business,market segmentation,and so forth. OVERVIEW OF THE The Kor Group is a privately held real estate investment, development and KOR HOTEL GROUP management firm that has redefined the concept of "being home with its distinctive hotel, condominium and apartment properties since 1989. Kor's current portfolio includes 22 uniquely designed hotel assets in operation or under development, and 12 residential properties located in Southern California. The Kor Hotel Group,which is part of the Kor Group,focuses on creating urban retreats and uncommon resorts,and consists of a portfolio of 22 properties (including projects under development). In recent time, Kor Hotel Group has been recognized as one of the most innovative hotel operators in today's lodging market. Kor Hotel Group has been highly popular amongst contemporary travelers who are seeking something more than just a traditional hotel room, which has resulted in strong performance in the leisure segment, in particular. Similarly, the Kor hotel products have received strong media attention. While still managing uniquely branded and independent hotels, the emerging Viceroy Resorts & Residences and Tides brands represent the group's top-tier products. The new destinations under construction in the Caribbean,Mexico and South Florida bring together Kor's dual expertise in hospitality and real estate development. The group's focus on being present in major upscale resort destinations such as Santa Monica, Palm Springs and South Beach, as well as urban areas such as Beverly Hills, Los Angeles, and San Francisco, coupled with unique designs and service offerings, has resulted in widespread popularity for the group's hotels. The Tides and Viceroy brands are now the group's main focus with several new hotels planned for the near future. OVERVIEW OF THE Kor Hotel Group's first Viceroy hotels opened in Santa Monica and Palms VICEROY BRAND Springs in 2002 and 2003. Due to the immediate success of these properties, the Kor Hotel Group pursued a strategy to significantly grow its portfolio of Viceroy hotels. Thus, the company's supply pipeline consist of an additional six properties scheduled to open between 2008 and 2010. According to company executives,additional locations are presently under review.The list of new properties and their respective opening years is presented below. Viceroy Anguilla(2008) Viceroy IconBrickell(2008) Viceroy Riviera Maya(2008) Viceroy South Beach(2009) Viceroy Zihuatanejo(2009) Viceroy Punta del Este(2010) Due to the strong.Viceroy development pipeline, by the time the proposed Snowmass Village property is likely to open, the Viceroy brand will have quadrupled in size, with new hotels in major resort destinations in Florida, Mexico,and Anguilla.If looking at Kor hotels,the company's portfolio will be larger than other reputed hotel collections such as Morgan Hotels (formerly Ian Schrager Hotels)which is well established with eight hotels,or Rosewood Hotels & Resorts (20 hotels including hotels under development). In this respect, we believe that Kor Hotels and the Viceroy brand will benefit from widespread market visibility at the time of the proposed opening of a property in Snowmass Village. 6 The Kor Hotel Group and Viceroy brand builds on the followingbrand pillars aimed to set the hotels apart from other lodging facilities. Unique design and signature look and feel that is never interchangeable with other brands Impeccable,intuitive service,without being intrusive when privacy is important Inventive food and beverage experiences featuring acclaimed chefs, signature cocktails,top-quality ingredients,and inspiring settings Personal necessities and indulgences including high-thread-count bed linens,therapeutic spa treatments,and experienced concierges Latest technological amenities including wireless broadband, plasma televisions,gaming devices,and digital audio docking stations Destination locations and environments in the world's most beautiful and intriguing places Specially tailored meetings and events including custom business conferences and executive summits, social and press receptions and intimate personal celebrations Based on HVS experience with various lodging brands,the Kor Hotel Group has managed to.create lodging products that are distinct, and that become destinations on their own.As such,hotels such as the Viceroy hotels are able to attract demand that otherwise may choose other destinations, due to the uniqueness and appeal of the product. This differ substantially from more widespread brands such as Marriott,Hilton,Westin,and so forth,which only become preferred lodging options at best, in the locations that they are present, due to travelers' familiarity with their products. We also note that other commercial brands such as Westin typically do limited property- dedicated marketing,but rather chain-wide marketing. As such, the specific destination rarely benefit from- such marketing efforts. Brands such as Viceroy employ more of a PR directed marketing strategy, which results in property and destination specific exposure in leading publications. In this respect, the destination is more likely to indirectly benefit from the public relation efforts and marketing efforts that a Viceroy Hotel take on, versus a more commercial brand such as a Westin. HVS also notes that the Viceroy brand has been particularly successful in attracting upscale leisure demand, due to the brand's focus on the aforementioned brand pillars. This is particularly important in a resort 6 location,where customers are looking for a complete experience,rather than a hotel room. Other brands such as Westin,Marriott,and Hilton are first and foremost commercial hotels catering to business travelers and corporate groups. As such,we believe that a Viceroy Hotel will be equally able,If not more able, to attract strong leisure demand to the proposed property in Snowmass Village. VICEROY BRAND To better understand the performance of the two existing Viceroy hotels we MARKET . have examined market data gathered by Smith Travel Research. Smith Travel PERFORMANCE Research (STR) is an independent research firm that compiles data on the lodging industry; its published data is routinely used by hotel properties, hotel companies, hotel buyers and investors, consulting and professional services firms, as well as public entities such as convention and visitors bureaus,State and local tourism departments,and so forth.STR has compiled historical supply and demand data for the two existing Viceroy hotels, and their competitors. We have particularly examined occupancy information,as this is most relevant to our study. The competitive index (Occupancy, ADR, RevPAR) is calculated by dividing the property performance by the competitive set's performance, multiplied by 100. Thus, if the subject property is achieving a competitive index in excess of 100, the property is performing above the market and receiving more than its fair share in terns of occupancy,average rate,or RevPAR.RevPAR is calculated by multiplying occupancy by average rate, and provides an indication of how well rooms revenue is being maximized. For example, hotels may lower their average rate in order to attract more demand to their properties,however,a RevPAR index in excess of 100 shows that a hotelfs overall performance is above the overall market. Viceroy Santa Monica—Historical Market Performance(STR) Occupancy(%) AOR RevPAR sune.-t Pioperfy Cmrpsa Ydu Su5,4uPmpe4y 001M sa W" UedNoperty CornySO Irdu Current Month 92.4 83.4 110.8 310.79 254.02 122A 287.02 211.78 135.5 Year To 86.3 786 1098 ::;. . 301,05,. 24721 :: 1218 25982 .(. 19436 133.7, Running 3 Month 78.4 70.6 111.0 293.93 241.98 121.5 230.47 170.90 134.9 Running 12 Month . `. 84.6 76.6::'i[1.10.4 .. [ 29053: R4a21 119.5. .1 ?.:_x:.`245.76. 186.35 Soucy dhrrmNReoeardl Hotels in Sampla City,State Rooms _ Mceroy Hotel SantaMonica,CA 162 Sheraton Hotel Delfina Santa Monica Santa Monica,CA 307 Loewe Santa Monica Beach Hotel Santa Monica,CA 342 Marriott Marina Del Rey Marina Del Rey,CA 370 Ritz-Canton Marina Del Rey Marina Del Rey,CA 304 Marriott JW Le Merigot Hotel&Spa Santa Monica,CA 175 As noted in the previous table, the Viceroy Santa Monica has historically achieved substantially stronger occupancy levels than its competitive set.This is particularly evident when examining the running 12-month through February occupancy hdex of 110.4. As such, the Viceroy Santa Monica achieved an occupancy rate of 84.6% in this period,versus the market,which achieved an occupancy rate of 76.6%; ten percentage points below the Viceroy Santa Monica. This trend is similar in the results for February 2007, the year-to-date period through February 2007, and the running three- months, which recorded equally strong results. We also note that the property's RevPAR index,which factors in average rate and serves as the best performance indicator, exceeded 131 in the running 12-months data. The other hotels in the competitive set represent a cross-section of the largest lodging brands in the nation,including Sheraton,Marriott,JW Marriott,and Renaissance by Marriott,as well as the well-known brands Loews and Ritz- Carlton. 8 Viceroy Palm Springs-Historical Market Performance(STR) Occupancy(%) ADR RevPAR SWATpm" C IP$0 W"Sub, Pmpraty COW Set In2X 4dPrepe4y CompSet Irft Current Month 75.3 77.7 96.9 277.74 233.70 118.8 DIN 181.59 115.1 YearToDate.263.01 220.91 1191. . 18997.::., 15324 ; :;123.7 ' i Running 3 Manih 65.3 64.5 101.4 264.38 206.20 1282 172.73 132.92 129.9 RUMfng 72lvbnlh3>'' :?64..6:<'• '...67.3 :.::X5.9.: `.'';0227.77.;.1'.180.37, :'(:,126.3::.`::.i :1. .'147.06.:r;.'f;121.45.>. `:¢21:1 Sv=S"TrMRe ch Hotels in sample City,State Roams Viceroy Palm Springs Hotel Palm Springs,CA 67 Hilton Palm Springs Resort Palm Springs,CA 263 Renaissance Esmeralda Resort&Spa Indian Wells,CA 560 Westin Mission Hills Resort Rancho Mirage,CA 512 Le Meridian Park Palm Springs Palm Springs,CA 144 As noted in the previous table, the Viceroy Palm Springs has historically achieved occupancy levels mostly in line with its competitive set. While in the running 12-month through February,the Viceroy Palm Springs achieved an occupancy index of 95.9,in the year-to-date period through February and running three-months the property achieved occupancy indexes in excess of its fair share at 103.39 and 101.4,respectively.We also note that the property's RevPAR index exceeded 121 in the running 12-months data.The other hotels in the competitive set again represent a cross-section of the largest lodging brands in the nation,such as Hilton,Renaissance by Marriott,Westin and Le Meridien. Similar to Snowmass Village, the Palm Springs market is highly seasonal, with distinct high and low seasons. During the winter months the area experience a shortage of supply to accommodate potential demand, while the summer months are weak due to extreme heat. During the low season the differences between weak and strong properties is most apparent, which results in overall lower annual occupancies. We note, however, that there are no tangible occupancy differences between the Viceroy Palm Springs and the subject market, which consists of leading, nationwide lodging brands. This can be attributed to the Viceroy's ability to capture substantial meeting demand during low- and shoulder-season months, particularly in terms of incentive groups and high-yield small to mid-size groups, which favor the property's upscale design, amenities, services, and B excellent food and beverage facilities. Thus, the Viceroy Palm Springs' meeting and group segment has ramped up from 8% of overall demand in its first year of operation, to 24% of total demand in 2006. We expect that a Viceroy Hotel in Snowrnass Village will be equally or more able to attract meeting and group demand to the property,.as Colorado offers a more pleasant climate, and has been successful in attracting increasing demand during the summer season. REVIEW OF As part of our review of the Kor Group we have also examined the CORPORATE experience and past employment of the senior officers of the company. On MANAGEMENT average these individuals have more than 19 years experience in hospitality and development. In addition, the past employment of the corporate management represents a cross-section of virtually every major upscale and luxury hotel company in the United States, including Mandarin Oriental, Four Seasons, Ritz-Carlton, Rosewood, Orient Express, Fairmont, Marriott, Hilton, and so forth. As such we believe that the company more than possesses the necessary skill-set to continue to build on the success of the Kor . Hotel Group and its brands. Overvlew of Past Employment and Years In Hospitality/Development—Senior Officers,Kor Group NAME TIM PASTEMPLOYMENT YEARSIN DEVELOPME1117 HOSPMAMTY St"Kmen CEO/PriuMpel Kor ROM 4 RanklaHtldano PMillosA/posher Pau.Huuna%Jowtskyb Vlalker 17 Jeff SOdth ChlefOpersf,ny OffrenPwtrer Fueled TenneMaum 6Edsards 15 PatWest Chief Snoncig Officer Ros"vod,Sttk 26 Sl Wshew Gemrel CeumN Peal HdeINBAJdnDleky 6YJaper 10 erendaTscharret 6vp,HumannawVreee feu Seasons to 4RPE{.4E40 SALE56o4ISETtND4ROQP; GmSAShley PresidenlandPartner Wayomun4lnlresrosl tT We President.Kor Hotel Group Men6adn Onentel.fourSessons.Rit-CwAOn 22 Ton,Handd[l, - EVP.AOg,dedi U&Developmem L1eMazinOriental ROeonood 25 Ws Fe,nandes SVP,restcoutCparOvons ROsm*od,0rknl Espmss 25 Mica Peeled SVP,HOtel D"abpnonl 6000 25 RarNy Rintz SVP,Design&CCnstru00oO OhneY,UM2rsa15tudps 25 Twn Santora UP.Sao$6 M"tit9 AWriotllnler,a5orel 20 Masts Mehr VP.Reslwrent Opemloe, CUMWit Shemt,n Hotels 26 PeterVNOs VR WWACWs done Innkeepers USATn.sI to Jason NOrlhel VP,Repo DeswlopnNnt Tn$Salal amp,Pool Hasthos,Unnfsky 6lV.Rer S Lwq Lomen YP,Feanu Oeldgpe..Hilton.Eml a%y Soles 22 Scott hw44 VP.fedesology JCResorts femwnl Hmels 12 ro Conclusions Based on the aforementioned factors, HVS is of the belief that Snowmass Village will benefit substantially from the development of a Viceroy Hotel. The existing Viceroy hotels have shown strong'occupancy performance in their respective markets,in line with,or exceeding competitive sets consisting primarily of large, nationwide, commercially oriented chains such as Westin, Marriot, Hilton, and so forth. In addition, the existing Viceroy hotels have also achieved strong RevPAR performance, in excess of their fair share, indicative of the strong acceptance of the Viceroy brand. The strong performance is also evident in a seasonal market comparable to Snowmass Village (Palm Springs); where the Viceroy hotel has been able to capture significant meeting and group demand to supplement transient leisure demand,resulting in strong occupancy performance.As such,we believe that a Viceroy Hotel in Snowmass Village would be able to capture strong meeting and group demand (particularly incentive groups and smaller groups)to overcome the demand challenges of the low season. The Kor Hotel Group's public-relation-oriented marketing strategy will also benefit both the hotel and the destination,and result in broader awareness of Snowmass as a destination. This is exemplified by the broad media coverage of the existing Viceroy hotels,and their respective destinations(Santa Monica and Palm Springs). We also note that the Kor Group, and specifically the Viceroy brand,is in a significant growth stage,which should result in further widespread brand awareness by the time the proposed hotel would open, outpacing several major hotel collections.As such,based on the development pipeline and strong media presence, we think that Viceroy Hotels &Resorts is a nationally recognized brand. Based upon their significant growth over the past five years, we anticipate that the brand will gain even more momentum as additional properties come on line. We further note that the existing properties are of Pour-Diamond caliber, based on the following definition by AAA, "These establishments are upscale in all areas. Accommodations are progressively more refined and stylish. The physical attributes reflect an obvious enhanced level of quality throughout. The fundamental hallmarks at this level include an extensive array of amenities combined with a high degree of hospitality,service,and attention to detail." We also note that the Kor Group benefits from an exceptionally strong executive team, with widespread experience from most of the major hotel companies in the United States,and throughout the world. rRELATED WESTPAC SECTION 5 Management Plan 1. ENCOURAGE/PROMOTE CONDO OWNERS TO RENT THEIR UNIT WHEN NOT IN HOUSE Dedicated Team of Rental Sales Agents, As it does for all of its other resort projects involving hotel condominium units and residences, Kor will staff a rental program office for Viceroy Snowmass that is separate and apart from the Viceroy Snowmass real estate sales center. This rental program office will be staffed by trained Kor rental agents whose specific focus will be selling and marketing the Viceroy Snowmass rental program and not the Viceroy Snowmass real estate)to prospective owners. The bulletpoints that follow summarize some of the key tools that Kor anticipates will be used by the Viceroy Snowmass rental sales agents in encouraging participation in the Viceroy Snowmass rental program. Complinwntmy Membership in Kor Club and Kor Concierge. Condominium owners who enter the Viceroy Snowmass rental program will receive complimentary membership in the Kor Club and in Kor Concierge Powered by Quintessentially, Kor's global concierge service exclusively for owners at its Viceroy- and Tides-branded resorts. Members of Kor Club receive a series of attractive benefits and privileges, including preferred food & beverage pricing at their home resort, complimentary room upgrades, preferred restaurant pricing and seating at all Viceroy- and Tides-branded properties worldwide, 24/7 worldwide concierge services, and more. The initial $10,000 membership fee and $2,500"in annual dues for these programs will be waived entirely for condominium owners for the duration of their participation in the Viceroy Snowmass rental program, creating a significant value proposition above and beyond the economics of the Viceroy Snowmass rental program itself. See below for summary of Kor Club and Kor Concierge programs. Availability of Certain Services Exclusively.to Participating Owners. Aside from the transient occupancy aspects of their participation in the Viceroy Snowmass rental program, condominium owners who enter the program will, as part of their participation and at no extra charge, have access to a full range of hotel and property management services that will either not be available to non-participating owners or, if available, will only be made available at a substantial fee. These services include, in particular, 24-hour on-site engineering services providing in-unit maintenance (plumbing, HVAC, IT, etc.) and lost key replacement, both of which tend to be very attractive to an absentee unit owner looking for a hassle-free way to own a vacation home. Owners who are "on the fence" about participation in the rental program tend to be persuaded to participate when they learn that the hotel will service the interior of their unit and keep it in "rentable condition"at no additional cost for as long as the unit is in the rental program. June 2007 Addendum to the Request for a Waiver 18 rRELATED WES PAC Highlight Legal, Tax & Administrative Requirements of Independent Rentals. Due to federal securities regulations, Kor is generally not permitted to mandate that an owner wishing to rent his/her unit participate in the Viceroy Snowmass rental program. Instead, a condominium unit owner typically will be permitted to rent their unit on their own and/or utilize a third party rental agent that competes with the Viceroy Snowmass rental program. In an effort to (a) ensure a level playing field between independent rentals and rentals under the Viceroy Snowmass rental program, and (b) encourage compliance with local licensing and tax ordinances, Kor anticipates the inclusion in the CC&Rs and other governing documents for Viceroy Snowmass of covenants by all owners renting their units to show proof that (i) all applicable licenses and permits for the operation of a transient occupancy business have been obtained, and (ii) all applicable sales taxes and occupancy taxes have been paid. The failure by a unit owner exercising his/her right to conduct independent rentals to comply with these covenants will constitute a violation of the Viceroy Snowmass CC&Rs;subjecting the unit and the unit owner to the full range of available sanctions under Colorado law. Because Kor, as part of its operation of the Viceroy Snowmass rental program, will address these legal, tax and administrative requirements on behalf of all participating owners (thereby alleviating these owners from the administrative burden of compliance), the Viceroy Snowmass rental program becomes an even more attractive option, independent of its economic structure. 2. ENCOURAGE/PROMOTE FRACTIONAL OWNERS TO RENT THEIR UNIT WHEN NOT IN HOUSE Kor anticipates that all fractional interest owners will have the opportunity to place their unusedfractional time into the Viceroy Snowmass rental program for transient rental The governing documents of Viceroy Snowmass (CC&RS, condominium declaration, fractional regime,. etc.) are expected to permit the rental of unused fractional periods through the resort's rental program. See commentary in #1 above regarding means and methods of encouragiing owners to participate in the Viceroy Snowmass rental program when not using their unit The same commentary will be put to useforfractional interestpurchasers as well 3. ENCOURAGE/PROMOTE GROUP SALES&CONFERENCE BUSINESS In order tofacilitate group business to Viceroy Snowmass, the rental program for the project.(like all ofKor's rentalprograms) allows group business (defined as a collective set of reservations for either (a)five or more units for no less than two nights each, or b) ten or more units for no less than one night each) to be booked up to 24 months in advance ofthe requested reservation date. Unit owners Kor anticipates over 25% of the room revenue will be generated through group rooms revenue.An imnportant component to the success oftheproperty will be the ability to June 2007 Addendum to the Request for a Waiver 19 rRELATED WESTPAC drive group room nights during shoulder seasons and during the summer. A dedicated property team, along with Kor's national sales, will befocused on both small and large groups. lit addition, dedicated PR initiatives, focused on group and convention business,'will help generate incremental demand and room revenue. Kor / Viceroy will be working closely with the Town of Snowmass Village's group department on cooperative marketing initiatives as well as participating in "village- wide"group blocks. Participating in the rental program are only permitted to book owner occupancy periods beginning 12 months in advance of the requested reservation date, which provides a 12-month lead time for the booking ofgroup business. 4. FEES AND CoiaussION RATES The economic provisions of Kor's rental programs vary by property and by market. The size and scale of a particular resort (including number of guestrooms, scope of amenities, etc.) is a predominant driver in the economic structure of each rental program. Because each property's size and scale vary, so to do the economic provisions of each property's rental program. Compounding this variance across Kor rental programs are the divergent market conditions in each Kor resort location. In particular, the cost of labor and goods in each market will impact the economic structure of the rental program in that market. Additionally, the economic structure of the rental programs of the competitive set of hotels in each marketplacefurther inform what the economic provisions of each Kor rental program will be. Despite this variance, in all markets Kor strives to achieve as attractive a rental program structure as possible, so as to remain competitive within that market and to entice prospective owners'participation. Below is a sampling of the basic rental program economic structures in place at other Kor resortproperties at the present time: June 2007 Addendum to the Request for a Waiver 20 rELATE ® MW EST PAC Viceroy. ' , Vicceroy viceroy Tides Tides IconBrickell An uilla Riviera Ma a South Beach Riviera Maya Service 10%of gross 27%of gross 27%of gross Fixed monthly 22%of gross Fee* rental revenue; rental revenue; rental revenue; fee,varying rental revenue; paid from total paid from total paid from total from$2,400 to paid from total gross revenue gross revenue gross revenue $3,100 by unit gross revenue before split before split before split type;paid from before split owner's share oftotal gross revenue after split Net 50%to owner 60%to owner 60%to owner 70%to owner 60%to owner Income 50%to hotel 40%to hotel 40%to hotel 30%to hotel 40%to hotel Split The Service Fee is used to offset basic operating expenses ofthe rental program,including laundry,housekeeping, reservation software,travel agent commissions,credit card processing fees,liability insurance,etc.) Trades for Fractional Units Will an owner be able to trade time in Snowmass for points or time at other properties? Kor anticipates that the fractional regimefor iceroy Snowmass will be structured flexibly, to allowfuture internal exchanges of unusedfractional time within the rINceroyportfolio. June 2007 Addendum to the Request for a Waiver 21 rRELATED W ES °Y RAC KOR CLUB OVERVIEW Available exclusively to owners at Viceroy and Tides resorts,Kor Club puts the luxury and convenience of the Kor lifestyle at its members' fingertips. Among the countless benefits, members will receive insider discounts on food, beverage and other items and will be granted priority access to private areas at all Viceroy and Tides properties,which presently include Viceroy Snowmass*, Viceroy IconBrickell*,Viceroy South Beach*, Viceroy Santa Monica, . Viceroy Palm Springs, Viceroy Anguilla*,Viceroy Riviera Maya*, The Tides South Beach, The Tides Riviera Maya and The Tides Playa del Carmen*'. Kor Club members will also have a dedicated team of Kor Concierges available 24-hours a day to facilitate the ultimate in effortless luxury living. Kor Concierge Powered by Quintessentially At the heart ofKor Club is consistent,personalized service and attention. Members enjoy exclusive access to Kor Concierge Powered by Quintessentially, a dedicated team of professionals available to provide worldwide concierge services exclusively to Kor Club members 24 hours a day via email or toll-free hotline. Utilizing an extensive network of insider contacts,the Kor Concierge will arrange everything from hotel and dimier reservations, shopping excursions and airport transfers,to tailored vacation plans and itineraries at other Kor Hotel Group destinations and beyond." As an integral aspect of the Kor Club lifestyle, the Kor Concierges will not only respond to members' needs, they will consistently strive to anticipate their desires and exceed their expectations. Kor Card The Kor Card is the passport to all Kor Club member privileges and benefits,both globally and locally. Each member will be assigned a personal identification number to be retained throughout his or her membership in Kor Club. Upon presentation of the Kor Card,members will receive the full range of Kor Club benefits described below, including discounts, access privileges, VIP reservation status, and admission to all Kor Club member events. GLOBAL BENEFITS OF KOR CLUB MEMBERSHIP 10% discount onfood& beverage purchases at all Viceroy and Tides signature restaurants o Kor Club members will receive a 10%discount on food and beverage purchases in the signature restaurants at all participating Viceroy and Tides properties, worldwide. a Priority Seating Reservations at all Viceroy and Tides signature restaurants June 2007 Addendurn to the Request for a Waiver 22 E LA`s ErWESTPAC o Prior to each lunch service and each dinner service,the signature restaurants at all participating Viceroy and Tides properties will make and hold available for Kor Club member reservations a predetermined allotment ofseats, as follows: i)up until 9:00 a.m. each day(with respect to lunch service on the same day), and(ii)up until 3:00 p.m. each day(with respect to dinner service on the same day). Kor Club reservations may be made up to three days in advance. C 10% discount on hotel reservations at participating Nceroy and Tides properties worldwide o Kor Club members will receive a 10%discount on all hotel reservations at participating Viceroy and Tides properties,worldwide"'. 15% discount on friends andfamily hotel reservations at Owner's home Viceroy or Tides resort o When in residence in their Viceroy or Tides unit,Kor Club members will be permitted to reserve up to two additional rooms at their home property for concurrent dates at 15%off the then-published,non-discounted rate.1° Complimentary one-category upgrade at participating Viceroy and Tides properties worldwide o Kor Club members are entitled to a complimentary one-category room upgrade when staying at any participating Viceroy or Tides property, worldwide. 10%discount at Nor Hotel Group's online luxury shopping collection o Kor Club members are entitled to a 10%-discount at Kor Hotel Group's online luxury shopping collection, featuring key furnishings, accessories and indulgences selected and inspired by Kor hotel destinations and kwid (Kelly Wearstler Interior Designs).' Exclusive invitations to Kor Club events o Kor Club members will receive exclusive invitations to social and networking events planned solely for members and their friends." Events will vary and may include private cocktail parties,VIP tickets for the performing arts and concerts, and various seasonal excursions. Events will be planned with Kor Club members' discriminating tastes in mind. e Quarterly Kor Club newsletter o Kor Club members will be kept abreast of the latest cultural and other happenings both locally and within the Kor Hotel Group worldwide. The Kor Concierge will tailor the quarterly newsletter to reflect Kor Club members' June 2007 Addendum to the Request for a Waiver 23 r RELATED WESTPAC interests and share details ofupcoming events and opportunities available exclusively to members. 1 Properties marked with an asterisk(*)are currently in development. Additional charges may apply. 1 Discount given on then-published,non-discounted room rate.Not available on room reservations at the member's home property.Non-transferable. 1 Reservations are subject to standard cancellation policies and minimum length-of-stay requirements. 1 Discounts are only available online and are not valid on sale items. 1 Additional charges may apply. June 2007 Addendum to the Request for a Waiver 24 rRELATED WESTPAC SECTION 6 Summary of Governance Structure The operation and management of Buildings 13A and 13B (collectively, "Building 13") will be governed by a four-tier governance structure. First, because the buildings are within the Base Village large planned community, they will be part of the master association for Base Village (the,"Master Association"). The Master Association will be charged with maintaining the majority of the landscaping and overall exterior appearance of the entire Base Village. Second, an architectural control committee (the "ACC") will enforce design covenants for all of. Base Village and will be responsible for reviewing and approving changes to the exterior portions of any building in Base Village. Third, Building 13 themselves will be governed by a condominium association (the "Condominium Association"). The Condominium Association will be responsible for maintaining and repairing Building 13 generally and enforcing the terms of the condominium declaration. Finally, for so long as Building. 13 are operated as a icondominium hotel, the day to day management of the buildings would be delegated to the hotel operator pursuant to a hotel management agreement (the "Management Agreement"). The pages that follow summarize the way each of these tiers of governance will operate and be controlled. L . Base Village. The Master Association will be responsible for maintaining all of the areas of Base Village (Lots 1-9) that are not included within the boundaries of a condominium. These areas will include much of the landscaping, paths, sidewalks and open areas within Base Village. The Town of Snowmass Village previously reviewed and approved the form of the Master Association declaration as part of the approval of Base Village in 2004. All of the unit owners within Base Village will be members of the Master Association and will have voting rights based on the square footage of each member's unit. The Master Association will be governed by a seven member board of directors elected by the members of the Master Association. This board of directors is anticipated to be a class- June 2007 Addendum to the Request for a Waiver 25 r RELATED WESTPAC qualified board composed of two directors who are elected only by the residential owners, two directors who are elected only by the commercial owners, two directors who are elected by only by the owner of the "Resort Parcel" and the "Lodging Management Site" and one director who is elected at-large by all ofthe members. The Master Association declaration contains the statutorily-authorized period of declarant control during which the developer will be permitted to appoint some or all of the members of the board of directors of the Master Association. During this period of declarant control, employees of RelatedWestpac will serve. as members of the board of directors. Upon the expiration of the declarant control period,the developer will continue to have the right to vote on Master Association matters and elect members to the board of directors so long as it continues to own commercial units in Base Village and/or holds unsold residential unit inventory. As such, it is anticipated that the developer will retain substantial influence over the governance of the Master Association in the longterm by virtue of its ownership of commercial units. 2. Architectural Control Committee. At the same time the Master Association declaration is recorded the developer will record a Declaration of Design and Building Covenants, Conditions and Restrictions (the "Design Declaration"). The Design Declaration will create the ACC, which will be a three member committee appointed by the developer. The developer retains the right to appoint the members of the ACC perpetually and is not forced to turn control over to the owners or any of the associations in Base Village. The ACC will be responsible for reviewing and approving all grading work to be done at Base Village, the design and location of any improvements to be constructed or modified anywhere within Base Village, the placement and design of outdoor signage, and the installation of landscaping anywhere in Base Village. The ACC is also charged with enforcing the terms of the. Design Declaration, which require the owners and associations to maintain the exterior appearance of Base Village. Both the Master Association and the Condominium Association will be required to comply with the requirements of the Design Declaration and, as such,the June 2007 Addendum to the Request for a Waiver 26 rRELATED W ESTPac developer will retain longterm control over the exterior appearance of the entirety of Base . Village even after all ofthe residential units in the project have been sold. 3. Condominium Association. Buildings 13A and 13B themselves will be governed by the Condominium Association. The condominium will be comprised of three principal types of spaces — units, limited common elements and general common elements. The units will be all of the residential units, the commercial units and one or more anticipated "hotel units" (all to be identified on the condominium map). For clarification, the hotel units would be non-commercial areas owned by the developer or the hotel operator in connection with the operation of Building 13 as. a condominium hotel (such as check-in facilities, housekeeping areas, management offices and similar spaces in the buildings).. Limited common elements will be those common elements allocated only to certain units, such as the balconies adjoining each residential unit. General common elements are those common elements used by or accessible to all unit owners, their lessees and guests, such as parking areas under the buildings. The Condominium Association Will be responsible for repairing and maintaining the common elements in the condominium and for keeping the same in good and safe condition, subject to the provisions in the condominium declaration for casualties and condemnation. The unit owners will generally be responsible for maintaining their units and certain limited common elements allocated to their units (such as, again,balconies). Like the Master Association, the Condominium Association will be governed by a class- qualified board of directors. This board of directors would be independent of the Master Association's board of directors, however all actions of the board of directors and the Condominium Association will be subject to the limitations and regulations, to the extent applicable, of the Master Association governing documents. We anticipate that the board of directors will be composed of three to five members and that separate directors would be elected by the owners of the residential units, the owner(s) of the commercial units and the owner of the hotel units. Additionally, if Building 13 include a fractional ownership plan,the owners of the June 2007 Addendum to the Request fox a Waiver 27 rRELATED WESTPAC fractional interests will likely constitute a class of owners entitled to elect their own director to the board of directors. The condominium declaration for the condominium will provide for the statutorily- authorized period of declarant control during which the declarant would be permitted to appoint some or all of the members of the board of directors of the Condominium Association. During this period of declarant control, employees of Related/Westpac intend to serve as members of the board of directors. Because under Colorado law the developer of a condominium is required to turn over control of the condominium to the unit owners following the declarant control period,it is impossible for the developer to indefinitely retain direct control over the Condominium Association. With that said, upon the expiration of the declarant control period, the developer would continue to have the right to vote on Condominium Association matters and elect members to the board of directors so long as it continues to have unsold residential unit inventory, owns any commercial units or owns the hotel unit. In addition, because the hotel units would be owned by the developer or the hotel operator,.the Condominium Association and the residential unit owners would only have access to those spaces with the consent of the hotel operator or developer, as applicable. As noted above, the spaces within Building 13 that are anticipated to be hotel units include the check-in area, housekeeping closets, and management offices. Given the importance of these spaces, the Condominium Association has a significant. incentive to retain the hotel operator for the management and operation of the Building 13 over the long term. 4. Management Agreement. Though the developer will be required to ultimately turn over control of the Condominium Association to the unit owners, because Building 13 are intended to be operated as a condominium hotel, the hotel operator would retain significant control over the operation of the condominium itself for so long as it remains the operator of the project. This control would stem from the provisions of the Management Agreement between the Condominium Association and the hotel operator. June 2007 Addendum to the Request for a Waiver 28 rRELATED WESTPAC While representatives of Viceroy are providing a separate summary of the terms of such a Management Agreement, it is important to note here that the Management Agreement would give the hotel operator day-to-day managerial control over the Condominium Association as many of the responsibilities otherwise allocated to the Condominium Association would effectively be delegated to the hotel operator pursuant to the terms of the Management Agreement. As a result, even though the developer. will be forced to give up control of the Condominium Association, the hotel operator would be able to effectively manage and operate the condominium itself for so long as the Management Agreement remains in effect. In addition to the considerations regarding control of the hotel units discussed above,the various management, operations and other services provided by the hotel operator pursuant to the Management Agreement would provide the Condominium Association with an additional incentive to retain the hotel operator. We anticipate that the services to be provided to residential unit owners (such as food service and valet parldng) as well as the day-to-day administrative management services provided to the Condominium Association by the hotel operator will all provide signficant reasons for the Condominium Association to value its relationship with the hotel operator and maintain the Management Agreement in force. Summary Only. This summary is intended only to highlight and describe in general terms the way in which the Master Association, the ACC, the Condominium Association and the Management Agreement will combine to regulate the use and appearance of Building 13. The actual governing documents for the Master Association, the ACC and the Condominium Association and the provisions of the Management Agreement will contain other terms not inconsistent with this summary, and, as such, the provisions of this summary are not intended to limit or specify the contents ofany such governing documents (except for the specific matters described above). June 2007 Addendum to the Request for a Waiver 29