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HomeMy WebLinkAboutpitkin.planning.264334403344DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) ~,9 Parcel ID: 2643-34-4-03-344 Application Date: 2/10/10 Case No: P008-10 Description: Ballentine Holdings Inc Special Review for a Cellular Facility Planner: Cari Anne Holcomb # Copies: 6 Allocated Hours: 5 Pro•ect Address• 113 AABC ASPEN CO 81611 % Over Hours: 6 1 , Property Owner: BALLENTINE HOLDINGS LLC Owner's REP: CHRIS STRYKER Address: PO BOX 11765 ASPEN, CO 81612 Address: PO BOX 1558 DENVER, CO 80201 Owner Phone: (970) 925-4440 REP's Phone: (303) 859-0344 REP's Email: ccstryker2@aol.com Referrals: ZONING REFERRAL Other Referrals: AABC None FIRE DEPT -ASPEN ALL OTHER REFERRALS Comments Due Date: 04/02/2010 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: 04/14/2010 Review Body: bocc Public Hearing? yes Notice Date: 03/14/2010 Meeting Notes: Approvals: BOCC Resolution #: 049-2010 #570808 P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: Other Information: VR Approval Date: 04/14/2010 Plat Recorded Date: VR Expires Date: 04/14/2013 Plat (Bk, PG): Remarks: Application Type: Minor Special Review ZO oU ~ ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN ~ o ~ ~ COUNTY, COLORADO, GRANTING APPROVAL FOR THE BALLENTINE N N v HOLDINGS, INC./SPRINT-NEXTEL SPECIAL REVIEW FOR A N ~ .~ TELECOMMUNICATION SITE AT THE ASPEN AIRPORT BUSINESS 0 0~ CENTER ~o v o ~ Resolution No.O~-2010 ~ a to o Q o o RECITALS a o ~ 1. Ballentine Holdings, Inc./Sprint-Nextel Communications ("Applicant") has ~ ° ~ ~~ applied to the BOCC for Special Review approval of an automated wireless ~ o Q ~ telecommunication facility that includes three 12' whip antennas mounted on the roof, and radio equipment Located within the existing building. 2. The property is located at 0304 Aspen Airport Business Center (Sherwin Williams Building) Block 3, Lot 2 AABC. PID#2643-344-03-344. 3. The property is zoned B-2 and contains 41,942 square feet. The property is conforming in size. 4. The BOCC heard this application at a duly noticed public hearing on April 14, 2010, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposed telecommunications facility is appropriate and does not have any substantial visual impacts .on the surrounding area. 6. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), 2-40- 20(a-c), 4-30-40(g) and 4-30-50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Ballentine Holdings Inc./Sprint- Nextel Special Review for a Telecommunications Site at the Aspen Airport Business Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. Resolution No.b~-2010 Page 2 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. 3. The Applicant, owner and/or operator of the cellular facility shall submit and maintain current at all times, complete contact and site information to be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. b. Name, address and telephone number of a local contact person for emergencies. c. Type of service provided. 4. Any Federal Communication Commission (FCC) licensed telecommunications carrier that is buying, leasing or is considering a transfer of ownership of the approved facility, shall submit a letter of notification of intent to the Community Development Director. 5. The Applicant shall maintain the wireless communication facility (antennae and associated equipment) in good condition and shall agree to reasonable repairs and replacements of equipment and structural components, due to damage caused by outdoor exposure and/or inclement weather. Under this condition, should repairs be necessary, the applicant shall replace such components within 90 days of written notice by the Community Development Director. If the work cannot be completed within 90 days, the applicant shall provide the County with a bond or certificate of deposit in the amount of the valuation of the requested repair and completion timelines to guarantee the work. 6. The approved antennas shall not exceed 31 feet in height from existing grade. 7. The antennas shall be painted with a color that blends with the existing structure and shall be maintained in a condition free of rust, peeling paint and/or other visible forms of deterioration. All equipment associated with the facility, including HVAC and/or ventilation must comply with the noise ordinance specifications as described in the Pitkin County Code, § 6.36.030. Ventilation fan exhausts shall be located so they are not on a side of the building that is adjacent to a residence. 9. All structures associated with the telecommunication use shall be removed when the lease expires or when the use ceases. Resolution No. ~-2010 Page 3 10. The facility shall operate at all times in compliance with all Federal Communications Commissions (FCC) standards for Radio Frequency Radiation (RFR) emission levels. Access shall be provided upon request to Pitkin County to conduct an independent RFR emission study to ensure that the tower equipment is operating within those FCC standards. If said emissions exceed safe RFR emissions standards, as defined by the FCC, then said emissions levels shall be remedied by the property owner within five (5) working days of notice by Pitkin County. Such remedy shall be confirmed within those five (5) working days by independent RFR measurement at the facility owner's expense. If the remedy is not available within 5 days of notice by Pitkin County, the equipment generating the excessive RFR emissions shall be turned off until a remedy is operational. 11. There shall be no exterior lighting associated with the telecommunications facility. 12. The Applicant, owner or operator of said facility shall provide written notification to the Community Development Director upon cessation of operations at-the site. The applicant shall remove all obsolete or unused facilities from the site within 6 months of termination of its lease, cessation of operations or expiration of its permit, subject to the determination of the Planning Director that the use of the site has ceased for a period of 6 months. Should the equipment owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 14, 2013. 14. This approval shall expire on May 28, 2014, to coincide with the terms of the current lease between Sprint/Nextel and Ballentine Holdings, LLC. The Applicant shall submit for a new approval no later than February 14, 2014 with proof of a new lease to continue the Special Use. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14t" DAY MARCH 2010. APPROVED ON THE 14th DAY APRIL 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON (- ~.p - 20/6 3 Resolution No.d~ 2010 Page 4 ATTEST: Jones, Clerk BOARD OF COUNTY COMMISSIOERS, PITKIN C~(UNTY,COLORApO George N~ Date: ~~% APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~- ~ =;`~s~ John Ely, ~,~.- nd ouben, County ey Community Development Director Case #P008-10 2643-344-03-344 '/ MEMORANDUM TO: Boazd of County Commissioners Regulaz Meeting - Apri''l''14, 2010 THRU: Cindy Hoube'~;~ m un ty Development Director FROM: Cari Anne Holcomb, Planner RE: Ballentine Holdings, LLC/ Sprint-Nextel Special Review for a Telecommunications Facility -Public Hearing SUMMARY: The Applicant is requesting Special Review approval pursuant to Code Sections 4-30-40(g) and 4-30-50(c) to allow for the continuation of an automated wireless telecommunications facility located on the Sherwin Williams Building in the AABC. The facility obtained original Special Review Approval pursuant to BOCC Resolution 089-2004. The approval expired on June 23, 2009. The Applicant would like to leave the facility in situ. The visible extent of the facility is three 12' whip antennas that are three inches in diameter located on the south end of the roof. The antennas extend 10 feet above the existing roofline, with the remaining couple of feet attached to the south wall of the building. The remainder of the facility, which includes the radio equipment, is located within the existing building, in the garage. Regular maintenance occurs every 4-6 weeks. The Applicant also has an existing cylindrical antenna on the northwest comer of the roof, which obtained Special Review Approval pursuant to BOCC Resolution No. 145-2006. This antenna's approval does not have an expiration date and therefore is excluded from this application. APPLICANT: Ballentine Holdings LLC /Sprint-Nextel Corporation REPRESENTAPVE: Chris Stryker, Stryker Site Services, LLC LOCATION: 304B AABC (Sherwin Williams Building); Aspen Airport Business Center, Block 3, Lot 2, Filing 1; PID #2643-344-03-344. ZONING: B-2 REFERRAL COMMENTS: The application was refen•ed to Joanna Schaffner, the Pitkin County Zoning Officer, who had no zoning concerns. The application was also referred to the AABC and the Aspen Fire Protection District, but no comments were received. STAFF COMMENTS: SPECIAL REVIEW CRTTERIA: Secfion 2-30-30(h): A telecommunication facility is considered a Special Review Use within the B-2 zone district and is subject to the compliance with the following criteria: ®(3,~ J 0 I o-l' /v A. The special review use shall be consistent with the applicable County Master Plan Response: The AABC lies within the Urban Growth Boundary as identified in the 2000 Aspen Area Community Plan (which is currently being updated). The properly lies within a designated Mixed-Use area, the existing facility has and does conform, and the antennas do not violate any polices outlined in the AACP. B. The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. Response: The proposed development is consistent with applicable Sections of the Code. Sec. 1-60-360 of the Code relates to Telecommunications. It states: The County encourages adequate, minimal impact regional and community telecommunications facilities to serve the needs of governments, emergency services, businesses, and citizens of Pitkin County. 1. Where a telecommunications system utilizes a network of facilities, a comprehensive approach should be taken for evaluating potential sites in Pitkin County with a view to minimizing the number of sites required and any adverse impact. 2. When feasible and not otherwise detrimental, multiple telecommunications facilities should be consolidated onto common towers, and/or located adjacent to, on or incorporated into existing or proposed buildings or other structures. The proposal to continue the use of the existing telecommunications facility reduces impacts associated with a new location, while providing continuation of an already in place network. The facility has been incorporated into an existing building, further reducing adverse impacts on the community. C. The proposed development must not materially endanger the public health, safety or welfare. Response: Staff has no information that would indicate that the development materially endangers the public health, safety or welfare. The proposed continuation of the facility is intended to serve the public health, safety and welfare by utilizing existing communications facilities and services. D. The proposed development must not substantially injure the value of adjoining or abutting property. Response: Staff has no information that would indicate that the development would injure the value of adjacent properties E. The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. Response: The intent of the B-2 zone district is "to provide for the establishment of commercial and low-intensity, non-polluting industrial uses which do not require or generate high customer traffic volumes and to permit customary accessory uses, including high density, long term residential dwelling units." uf~'s7~OZ The pacel will continue to be used for commercial use. The additional accessory commercial use, as proposed, allows the property to be used for further commercial activity while generating minimal traffic impacts. F. The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The chazacter of the immediate vicinity is primarily commercial. The proposed continuation of this use is consistent with development that has occurred in the Aspen Airport Business Center. G. The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, air/water pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: The proposed facility will have minimal visual impacts on the surrounding environment, in that the only visible elements will be the whip antennas. The proposal will not adversely affect pedestrian or vehiculaz circulation, parking, trash, service delivery, noise, vibrations, and odors on the parcel or surrounding properties. H. There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: The location currently provides adequate services to support the proposal. SPECIAL REVIEW USE: Section 2-40-20(Cl Special Review Use Limitations under the Pitkin County Land Use Code include: A. Commencement of Operation: Approved special uses shall begin within three (3) years following the date of approval of the development permit, unless a longer period is specified, or the approval shall become null and void. B. Special Review Use: The decision making body may approve a special review use subject to a limited time period during which a use may operate. C. Submission of Annual Report and Review of Annual Reports: The decision making body may require any person operating pursuant to a special review use to submit a statement to the Community Development Director attesting to the continued conformance of the use to the conditions of the approval. If after reviewing [he statement, inspecting the site and considering any other relevant materials, the Communiry Development Director determines that the use is in conformance with the provisions of the Special Review Use approval, the use may continue pursuant to the provisions of approval. If the Community Development Director determines that the use is not in conformance with the provisions of the Special Review Use approval, the Community Development Director may recommend to the original review authority that it consider the withdrawal of such approval. Failure of any person 0+~~~J03 operating a use under a Special Review Use approval to submit such a statement within the period specified above shall be considered a violation of the provisions of the special review approval and may be sufficient cause for withdrawal of the approval D. Approval Withdrawal Procedure: The decision-making body shall consider and act on approval withdrawal after a public hearing. Notice of the public hearing shall be mailed to the applicant and published in a newspaper of general circulation in the County not later than thirty (30) days prior to the hearing. The notice shall state the time, location and subject matter of the hearing. E. Approval Expiration: Any Special Review Use shall expire after any continuous twelve (I2) month period of non-use. Any unfulfilled obligations of the approval shall continue to be binding after expiration of the approval. Response: The Applicants agrees to and shall abide by all Limitations of the Land Use Code. USE SPECIFIC STANDARDS FOR CELLULAR TELEPHONE FACILITY: Cellular Telephone Facility Section 430.40(e): Building-mounted antennae aze an accessory use of the land pursuant to the following use specific standazds: A. Freestanding Towers: Anon-stealth, freestanding tower shall not be located within two hundred (200) feet of an existing urbardsuburban residential district. Freestanding non-stealth telecommunication towers located more than twa hundred (200) feet from an urban/suburban residential, commercial, or special purpose zone district may be permitted through special review. The maximum permitted height for freestanding towers is forty (40) feet. Response: The proposed cellulaz facility consists of building-mounted antennae not a freestanding tower. B. Co-Location Required.• Each new tower shall be designed to accommodate one (1) additional user's equipment. Response: While the proposed antennae are not lazge enough to accommodate additional users (as they are not towers), the building could accommodate an additional user's equipment. C. Setbacks: I. All towers, both concealed and not concealed, shall be set back from all existing dwellings and other urban/suburban zone districts property by a minimum of two hundred (200) feet, or at least twa (2) times the height of the proposed tower, whichever is greater. 2. All towers, both stealth and non-stealth, in a business, commercial, or special purpose zone district shall be set back a distance equal to the height of the proposed tower from the property boundary or rights-of--way, whichever would require the larger setback. Response: This cellular facility does not include any towers; therefore the standazds are not applicable. 06~;+n ~ ~•.~0 r D. General Development Standards Design and Neighborhood Compatibility a. The exterior appearance of all towers and associated support structures and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area. b. The Board may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when the Board determines such a marking pattern would cause aesthetic blight due to the visibility of the tower. c. Support buildings located in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. d. No advertising sign or logo shall be permitted on any telecommunications facility. e. The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses. Response: The antennae and accompanying equipment aze designed to reduce any visual impacts on the surrounding azea. The associated equipment is located within an interior gazage space of the Sherwin Williams building. The whip antennae are painted to match the color of the existing building, as is the cable tray which covers the antennae cabling and air conditioning lines. The equipment area will not be used as an employment center. There will be no advertising on the facility. 2. Buffering and Screening a. All fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20-130(d) (2) (a). The Board may require all an[enna(ae) be appropriately screened to safeguard surrounding property provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower. b. Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels for the tower as a whole for exposure to electromagnetic radiation. c. Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished. Response: The antennae aze screened by the existing aspen and pine trees already in place on the parcel and along Highway 82. The Applicant will comply with the federally approved output power levels and will ensure that transmission or reception of other properties is not disturbed or diminished. E. Existing Towers New antennae may be co-located upon towers that exist on the Sth of July, 2006 without the need to obtain a separate special review approval. Response: N/A ~,~i'i~Q F Outside Experts and Disputes a. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the application to pay the reasonable costs of a third-party technical study of a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. b. If an applicant for a telecommunications facility claims that one or more standards of this section are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the application be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. Response: The applicant agees to these provisions. Use-SoeciSc Standards. Buildin¢-Mounted Cellular Telephone Antennae Section 430- 50(cl: Building-mounted antennae may be located on buildings within or outside the urban growth boundaries, provided that the maximum height of the building and tower or antennae does not exceed the maximum building height in the zone district by more than ten (IO) feet. Response: Pursuant to BOCC Resolution No. 089-2004, the approved antennae were restricted in height to thirty-one feet (31') in height from existing grade. The new Resolution shall contain the same condition of approval in order to ensure compliance with the current use-specific standard. Scenic View Protection Section 7-20-120(dl: Highway 82 is the applicable comdor. The scenic impacts of the proposal are minimal (see Attachment A, for pictures). All of the `visible' equipment has been painted to match the earth toned exterior of the building and existing vegetation helps screen it as well. RECOMMENDATION: Staff recommends that the BOCC approve the Ballentine/Spring- Nextel Special Review for an automated Telecommunications Facility located on the Sherwin Williams Building in the AABC subject to the conditions in the attached Resolution. ATTACHMENTS: A. Photo B. Draft Resolution RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITHIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE BALLENTINE HOLDINGS, INC./SPRINT-NEXTEL SPECIAL REVIEW FOR A TELECOMMUNICATION SITE AT THE ASPEN AIRPORT BUSINESS CENTER Resolution No. -2010 RECITALS 1. Ballentine Holdings, Inc./Sprint-Nextel Communications ("Applicant") has applied to the BOCC for Special Review approval of an automated wireless telecommunication facility that includes three 12' whip antennas mounted on the roof, and radio equipment located within the existing building. 2. The property is located at 0304 Aspen Airport Business Center (Sherwin Williams Building) Block 3, Lot 2 AABC. PID#2643-344-03-344. 3. The property is zoned B-2 and contains 41,942 squaze feet. The property is conforming in size. 4. The BOCC heazd this application at a duly noticed public hearing on Apol 14, 2010, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposed telecommunications facility is appropriate and does not have any substantial visual impacts on the surrounding azea. 6. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Sections 2-30-30(h), 2-40- 20(a-c), 4-30-40(g) and 4-30-50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Ballentine Holdings Inc./Sprint- Nextel Special Review for a Telecommunications Site at the Aspen Airport Business Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. aj'j~',~7 Resolution No. _-2010 Page 2 The Applicant, owner and/or operator of the cellular facility shall submit and maintain current at all times, complete contact and site information to be kept by the Community Development Director. This information shall include, but is not limited to the following: a. Identity, including name, address and telephone number including official identification numbers and FCC certification, and if different from the owner, the identity and contact information of the person or entity responsible for operating the facility. b. Name, address and telephone number of a local contact person for emergencies. c. Type of service provided. 4. Any Federal Communication Commission (FCC) licensed telecommunications carrier that is buying, leasing or is considering a transfer of ownership of the approved facility, shall submit a letter of notification of intent to the Community Development Director. 5. The Applicant shall maintain the wireless communication facility (antennae and associated equipment) in good condition and shall agree to reasonable repairs and replacements of equipment and structural components, due to damage caused by outdoor exposure and/or inclement weather. Under this condition, should repairs be necessary, the applicant shall replace such components within 90 days of written notice by the Community Development Director. If the work cannot be completed within 90 days, the applicant shall provide the County with a bond or certificate of deposit in the amount of the valuation of the requested repair and completion timelines to guarantee the work. 6. The approved antennas shall not exceed 31 feet in height from existing grade. The antennas shall be painted with a color that blends with the existing structure and shall be maintained in a condition free of rust, peeling paint and/or other visible forms of deterioration. 8. All equipment associated with the facility, including HVAC and/or ventilation must comply with the noise ordinance specifications as described in the Pitkin County Code, § 6.36.030. Ventilation fan exhausts shall be located so they are not on a side of the bui]ding that is adjacent to a residence. 9. All structures associated with the telecommunication use shall be removed when the lease expires or when the use ceases. 10. The facility shall operate at all times in compliance with all Federal Communications Commissions (FCC) standards for Radio Frequency Radiation (RFR) emission levels. Access shall be provided upon request to Pitkin County to conduct an independent RFR emission study to ensure that the tower equipment is operating within those FCC standards. If said emissions exceed safe RFR emissions standards, as defined by the FCC, then said emissions levels shall be remedied by the property owner within five (5) working days of notice by Pitkin County. Such remedy shall be confirmed within those five (5) working days by independent RFR measurement at the facility owner's expense. If the remedy is not available within 5 days of notice by Pitkin County, the equipment generating the excessive RFR emissions shall be turned off until a remedy is operational. {?;~11~ .~ Resolution No. _-2010 Page 3 11. There shall be no exterior lighting associated with the telecommunications facility. 12. The Applicant, owner or operator of said facility shall provide written notification to the Community Development Director upon cessation of operations at the site. The applicant shall remove all obsolete or unused facilities from the site within 6 months of termination of its lease, cessation of operations or expiration of its permit, subject to the determination of the Planning Director that the use of the site has ceased for a period of 6 months. Should the equipment owner fail to effect such removal, the property owner shall be responsible for the removal of the equipment. 13. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on April 14, 2013. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 14`" DAY MARCH 2010. APPROVED ON THE 14th DAY APRIL 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ATTEST: BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO Jeanette Jones, Deputy Clerk APPROVED AS TO FORM: John Ely, County Attorney Case #P008-10 2643-344-03-344 George Newman, Chairman Date: APPROVED AS TO CONTENT: '~ C 1~ in y ouben, Community Development Director ~t':~ .~ ;'?OJ t .r s J• ~ ~ ~~~. ~ i ~ ~ _~~~'ti 4 ~ l ~ --T r ~7 .~ ~~ ~~ ~~ ~~ ~ A ~a. PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY PROJECT: Ballantine Holdings LLC/Sprint-Nextel Cellular on Existing Building LOCATION: 113/304 AABC, AABC Block 3, Lot 2, Filing 1 PID# 2643-344-03-344 ZONE: B-2 OWNER: Ballentine Holdings Inc REPRESENTATIVE: Chris Stryker PHONE & EMAIL: 303.859.0344 ccstNker2CrDaol.com DATE: December 23, 2009 PLANNER: Cari Anne Holcomb 970.920.5092 Type of Application: Special Review for a Cellular Facility Description of Project/Development: The Applicant is requesting a Special Review in order to continue the use of existing cellular facilities (antennae & equipment) and add 1 additional tower and associated equipment to an existing building in the Aspen Airport Business Center. This is a special review use in the B-2 zone district. Nextel received Special Review approval for the site pursuant to BOCC Resolution No. 089-2004. The approval expired in June 2009. Land Use Code Sections to be addressed in letter of request lagplicationl: Sec. 2-30-30(h): Special Review Criteria Sec. 2-40-20a-c: Special Review Use Sec. 430-40(g): Cellular Telephone Facility Sec. 430-50(c): Building Mounted Cellular Telephone Antennae Staff will refer the application to the following agencies: AABC, Zoning, Aspen Fire Protection District, Review by: BOCC Public Hearing? Yes, at BOCC. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by first class mail) to all adjacent property owners and mineral estate owners within 300' of all property lines with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice is postmarked to submit comments or objections to the Community Development Department FEES: Total $2,014 (Please make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $7,560 (non-refundable; based on 5 hours of staff time for review); if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 5 hours at a rate of $312/hour) • Web Technology Fee: $25 • Public Notice Fee: $54 • BOCC Clerk Fee: $375 0 0 (10 01 (}~ I I ~v To apply, submit 2 unbound -1 sided conies and 5 bound-2 sided copies of the following information: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing each of the provisions of the Pitkin County Land Use Code identified above in sufficient detail to demonstrate that all substantive review criteria have been met. Summarize existing conditions, current uses and proposed futures uses or expansions as described in Section 1.1 through 1.8 of the Pitkin County Land Use Application Manual; 2. 24" by 36" and 11" by 17" site plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Special Review Uses submission requirements, standards report items and drawing requirements pursuant to Section 2.2.11 of the Pitkin County Land Use Application Manual, if not already addressed in 1 and 2 above including maintenance visits, emergency contact provisions, and FCC compliance for Radio Frequency Radiation (RFR) emission levels; 4. Scenic View Protection Exhibits as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 5. Parcel description, including legal description and 8-1/2" x 11" vicinity map locating the subject property within Pitkin County; 6. Copies of all resolutions, ordinances and approvals including any recorded drawings for the parcel (if applicable); 7. Proof of ownership of subject property as designated in Section 1.3 of the Pitkin County Land Use Application Manual; 8. Consent from all owners to process application and authorizing the representative (1 copy); 9. List of all property and mineral estate owners within a 300' radius of the all property lines (1 copy); 10. Total fee for review of the application; 11. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees Agreement (1 copy); 12. Copies of this Pre-application Conference Summary form NOTES: - PLEASE SUBMIT TWO UNBOUND, SINGLE-SIDED COPIES OF YOUR COMPLETE APPLICATION WITH NO DOCUMENTS LARGER THAN 11'X17" (PLEASE INCLUDE ONE SET OF LARGE MAPS FOR EACH COPY.) - PLEASE SUBMIT BOUND, TWO-SIDED COPIES OF ALL REMAINING APPLICATIONS WITH ONE SET OF LARGE MAPS FOR EACH COPY. - THE PARCEL lOs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - ALL MAPS SHALL BE FOLDED. - The Land Use Code is available on-line at hftp://ww2.aspenpitkin.com/Deaartments/County-Code/ - The Land Use Application manual is available on-line at hftp://ww2.asnenaitkin.~om/Portals/0/dots/counfv/Com%20Dev/Planning/land use application manuaLndf - Applicant will be responsible for mailed and posted notices. Public Notice requirements are described in Section 2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ouuoo2 Page 1 of 2 Cari Anne Holcomb From: ccstryke2@aol.com Sent: Thursday, February 18, 2010 5:28 PM To: Cari Anne Holcomb Subject: Re: FW: Height of Antennae at 304 AAB CariAnne, Sprint is requesting the extension of the previous two (2) approvals from 2004 & 2006. The final site configuration will consist of the following: Three (3) Whip antennas @ 29' (top of antenna from grade elevation) One (1) Cylindrical antenna @ 27' S" (top of antenna from grade elevation) No modifications to the current design are proposed. If you have any questions or require additional information, please do not hesitate to call. Thank you, Chris C. Stryker (303)859-0344 -----Original Message----- From: Cari Anne Holcomb <CariAnne.Holcomb@co.pitkin.co.us> To: ccstryker2@aol.com Sent: Thu, Feb 18, 2010 3:16 pm Subject FW: Height of Antennae at 304 AAB Chris For the Ballentine -Sprint Antennae I need clarification. In 2004 we approved 3 -whip antennae on the southeast end of the building. In 2006 we approved cylindrical antenna at the northwest corner of the building. In the summary letter I see you are asking to continue the use of the 3 whip antennae, but it is unclear if you are requesting a Soh antennae which is cylindrical (like the 2006 approval) or if the antennae which was requested in 2006 was never installed and you are just updating that request. The drawings indicate a "proposed' antennae on the northwest corner of the building, but does not include an "existing" antenna at that end of the building. Could you please clarity? Could you also include the information requested below? I need this in email form. We will be scheduling for the BOCC (the current agendas are currently pretty clear) so I will need this information and the photos before we schedule. Thanks Cari Anne Holcomb From: Cari Anne Holcomb 0~i~003 2/19/2010 Page 2 of 2 Sent: Thursday, February 18, 2010 12:32 PM To: 'ccstryker2C~aol.com' Subject: Height of Antennae at 304 AAB Chris: I need to know two height measurements for the antennae on the building at 304 AABC. 1) Height of each antennae 2) Measurement of top of each antenna to grade, natural or final, whichever is more restrictive. (Per the previous approval they cannot exceed 31 feet total (height of building + antenna). I will need this ASAP. Also, you will want to submit photos of the building/antennae as seen from Hwy 82 (Scenic View Exhibits). We will need these prior to the Public Hearing before the BOCC. Sincerely Cari Anne Holcomb Planner 970.920.5092 2/19/2010 r5 sE V ][cESt.t..c. Febnrary 3, 2010 Pitkin County Department of Community Development 130 South Cralena Street Aspen, CO. 81611 RE: Special Review Renewal for SprinUNextel Telecommunication Facility PID# 2643-344-03-344 Deaz Carl Anne, Tins letter is to serve as a request for the renewal of an expired Special Review permit located at 304 Aabc. Nextel received approval under BOCC Resolution N0.089-2004 in June of 2004. This proposal will allow the existing Sprint/Nextel Telecommunication facility [o remain on the premises and operate as intended. Without this facility, this area of Pitkin County will be without adequate Sprint/Nextel service affecting the numerous nearby County residents, businesses, and traveling public. T'he existing facility is required to ensure that adequate and uninterrupted service is maintained at all times for people Vaveling along IIWY 82 as well as the residents and visitors of Pitkin County who live and work in this area. This site will also ensure SprinUNextel's continued compliance with the statutory requirements as mandated by the FCC for both coverage and E-911 compliance to their service azeas. Prior Aparovals and Permits The subject pazcel received Special Review approval for the existing Telecommunication Facility under Resolution NO. 089-2004. Facility Location 304 Aspen Airport Business Center Comaliance with the Pitkin County Land Use Code SECTION 2-30-30h: SPECIAL REVIEW CRITERIA h.(2). Special Review Uses or Activities. The BOCC, the Hearing Officer and/or the Community Development Director shall only approve the proposed special review use or activity if it finds that all of the following criteria are met: (a) The special review use shall be consistent with the applicable County Master Plan. The Future Land Use designation for this subdivision is B-BEH:2, Business. This proposal to add one additional antenna unit to an existng wireless telecommunications site shall be consistenf with thisfuture land use designation. (b) The special review use shall not conflict with any applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. This proposal to add one additional antenna unit to an existing wireless telecommunications site shall be consistent with all applicahle sections of the Pitkin County Land Ilse Code including the policies as listed in Chapter I. Q ~ ~~ ~ O 5 P.O. Box t 558 • Denver, Colorado eo2Dt Direct (303) 859-0344 Fax (303) 789-0114 Email Chris@strykersiteservices.com (c) The proposed development must not materially endanger the public health, safety or welfare. The existing wireless telecommunications facility shall not endanger the public health, safety, or welfare and compliance with a/1 Federal requirements regarding health and safety must be met in order to retain our License. (d) The proposed development must not substantially injure the value of adjoining or abutting property. The existing rooftop antenna facility shall not substantially injure the value of the adjoining or abutting properties. (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. The proposed Special Review use shall be consistent with the intent of the B-BEH.'2 commercial zone district in which the request is proposed Wireless telecommunication facilities are commonly found in commercial zone districts and many times considered a use by right. (n The special review use shall be compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or shall enhance the mizture of complimentary uses and activities in the immediate viciuity of the parcel proposed for development. The proposed Special Review use shall be compatible with the predominately commercial character ofthe immediate vicinity and surrounding areas. (g) The location, size, design and operating characteristics of the proposed special review use must be in harmony with the surrounding area and minimize adverse effeMS, including visual impacts, imparts on pedestrian and vehicular circulation, traffic generation, parking, trash, service delivery, aldwater pollution or other impacts on natural resources, noise, vibrations and odor on surrounding properties. The existing wireless telecommunications facility shall be in harmony with the .site and surrounding area and shall have minimal adverse effects. The facility shall not cause any impacts whatsoever to pedestrian or vehicular circulation, traffic generation, parking, trash, service delivery, air or water pollution or other impacts on natural resources, noise, vibration, or odor. (h) There must be adequate public facilities and services to serve the special review use, including but not limited to roads, potable water, sewer, solid waste, parks, police, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Adequate public facilities are already present for the antenna facility. (i) The proposed special review use must comply with any additional standards or requirements stated for such use in Sec. 4-30 and/or Sec. 2-40-20. The Special Review shall comply with all standards and requirements as stated in Sections 4d0 and/or 2-40-20. SECTION 2~0-20at: SPECIAL REVIEW (a) Applicability: This section establishes review standards for uses designated as special review in Table 4-1. (b) Procedure: Unless a different procedure is shown in Table 2-1, special review uses are permitted pursuant to a One-Step Review by the Board of County Commissioners subject to compliance with the standards applicable to the proposed use set forth in Chapter 4 (if any), and the criteria in Sec. 2-30-30 and this Sec. 2-40-20. (c) Limitation of Uses by Special Review (I) COMMENCEMENT OFOPERATION approved special review uses shall begin within three (3) years following the date of approval of the development permit, unless a longer period is specrtied, or the approval shall become null and void. Site is currently in operation. Ouu~3OG (2) SPECIAL REVIEW USE The decision-making body may approve a special review use subject to a limited time period during which a use may operate. Understand and accepted. (3) SUBMISSION OFANNUAL REPORTS The decision-making body may require any person operating pursuant to a special review use approval to submit a statement to the Community Development Director attesting to the continued conformance of the use to the conditions of the approval. The report shall be submitted at least fort-five (45) days prior to each anniversary of the initial approval. Understood and accepted (4) REVIEW OFANNUAL REPORTS If, after reviewing the statement, inspecting the site and considering any other relevant materials, the Community Development Director determines that the use is in conformance with the provisions of the Special Review Use approval, the use may continue pursuant to the prorisions of the approval. H the Community Development DireMor determines that the use is not in conformance with the provisions of the Special Review Use approval, the Community Development Director may recommend to the original review authority that it consider withdrawal of such approval. Failure of any person operating a use under a Special Review Use approval to submit such a statement within the period specified above shall be considered a violation of the provisions of the special review approval and may be sufficient cause for withdrawal of the approval. Understood and accepted (S) APPROVAL WITHDRAWAL PROCEDURE The decision-making body shall consider and act on approval withdrawal after a public hearing. Notice of the public hearing shall be mailed to the applicant and published in a newspaper of general circulation in the County not later than thirty (30) days prior to the hearing. The notice shall state the time, location and subject matter of the hearing. Understood and accepted (6) APPROVAL EXPIRATION Any Special Review Use approval shall expire after any continuous twelve (12) month period of non-use. Any unfulfilled obligations of the approval shall continue to be binding after expiration of the approval. Understood and accepted SECTION 4-30-40(g): CELLULAR TELEPHONE FACILITY (I) PRINCIPAL USE OF THE LAND A cellular telephone facility is a principal use of land, but may be located on a legally created lot or parcel without the need to include any additional acreage for the second principal use. The existing.facility is located on the rooftop of an existing building and therefore not the principal use ofthe property. (2) BUILDING MOUNTED ANTENNAEAND TOWERS Building-mounted antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-f0-10(e). This site would be considered a building mounted antenna(ae) therefore considered an accessory use of the land permitted pursuant to Section 4-10-10(e). (3) FREESTANDING TOWERS Anon-steath, freestanding tower shall not be located within two hundred (200) feet of an existing urbaolsuburban reside~ial district Freestanding non-stealth telecommunication towers located more than two hundred (200) feet from an urban/suburban residential, commercial, or special purpose zone district may be permitted through special review. The maximum permitted height for freestanding towers d' forty (40) feet The telecommunication facility is currently mounted to the rooftop on an existing building and therefore not considered a freestanding tower. 0~1~1~07 (4) CO-LOCATIONREQ(IIRED East new tower shall be designed to accommodate one (1) additional user's equipment. The rooftop is large enough to accommodate several other carriers if permitted by Pitkin County. (5) SETBACKS (a) All towers, bath concealed and not concealed, shall be set back From all existing dwellings and other urbanlsuburban zone districts property by a minimum of two hundred (200) feet, or al least two (2) times the height of the proposed tower, whichever is greater. Not applicable ,the current facility is an existing rooftop site. A freestanding site is not proposed. (b) All towers, both stealth and uon-stealth, in a business, commercial, or special purpose zone distriM shall be set back a distance equal to the height of the proposed tower from the property boundary or rights-of-way, whichever would require the larger setback. Not applicable. A freestanding site is not proposed (6) GENERAL DEVELOPMENT STANDARDS (a) Design and Neighborhood Compatibility I. The exterior appearance of all towers and associated support and buildings shall be compatible with other buildings and/or the natural environment in the surrounding area The antenna facility was originally approved in 2004 under Resolution NO. 089-2004. The antennas are roofmounted with the accessory equipment located inside the building, not visible from outside the building in any way. A freestanding site is not proposed 2. The Board may require the applicant to apply to the Federal Aviation Administration (FAA) for compliance with FAA standards for a dual lighting system rather than a red and white marking pattern, when the Board determines such a marking pattern would cause aesthetic blight due to the visibility of the tower. The exis(ng antenna unit shall not require any lighting or marking by [he FAA. In the event the FAA requires lighting or marking for this site, full compliance with this requirement shall be maintained 3. Support buildings located in any residential district may not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitariag of equipment and instrnments. The equipment necessary to run the new antenna unit i.s located inside the existing building. The equipment does not require an on-site worker. Only periodic visits for routine maintenance are required Therefore full compliance with this requirement shall be maintained. 4. No advertising sign or logo shall be permitted on any telecommunications facility. No such signage is proposed unless such signage required by the FAA, FCC, or other Federal Agency. 5. The decision-making body may require any other conditions to mitigate the impact of the tower on adjacent properties and uses. A freestanding site is not proposed but Sprint Nextel understands and accepts that conditions maybe imposed to mitigate the impact of the new antenna on adjacent properties and uses ifnecessary. (b) Buffering and Screening 1. x111 fences and walls shall be screened with landscaping meeting the requirements of Sec. 7-20-130(d)(2)(a). No fences or walls are proposed The necessary equipment used to power and run the site is located within the existing building. No new equipment is proposed to be located other than the rooftop or within the building. '~~~JJO8 2. The Board may require all antenna(ae) be appropriately screened to safeguard surrounding property provided that such screening will not interfere with the transmission and/or reception capabilities of any antennae located on the tower. The antenna facility was originally approved in 2004 under Resolution NO. 089-2004. Zf further screening is required, Sprint Nextel is open to considering different designs. 3. Output power levels from the tower and/or all associated antennae shall not exceed the current federally approved levels of the tower as a whole for exposure to electromagnetic radiation. The existing wireless telecommunications facility shall not endanger the public health, safety, or welfare and compliance with al! Federal requirements regarding health and safety must he met in order to retain our License. 4. Radio, television, or other electromagnetic transmission(s) or reception on other properties shall not be disturbed or diminished. The antenna facility was originally approved in 2004 under Reso[uton NO. 089-2004. The wireless telecommunica0ons facility shall not result in interference with radio, television, or other electromagnetic transmission or reception and compliance with all Federal requirements regarding operation ofsuch equipment within our licensed spectrum must be met in order to retain our License. Zn the unlikely event that interference occurs, all means necessary shall be made to determine the source and ifit is found to be the antenna/equipment, steps shall be taken to remedy the situation as quickly as technically possible. Thank cou in ads once for tour consideration on this matter. If } ou shoald has a au} questions or require additional hd'onuation. please do not hesitate [o call. Sincereh. s C. Striker Site Acquisition Specialist. Striker Site Sen-ices, LLC Constdhurt for SprinUNextel Voice: (303) 859A344 Fax: (303) 789-0114 E-Mail: ccstnker2 i~ aol.com RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITIQN COUNTY, COLORADO, GRANTING APPROVAL FOR THE SPRINT NEXTEL SPECIAL REVIEW FOR AN ADDITIONAL ANTENNA LOCATED AT THE EXISTING CELLULAR TELEPHONE FACILITY SITE AT 304 ASPEN AIRPORT BUSINESS CENTER Resolution No.~yy-2006 RECITALS 1. Sprint Nextel ("Applicant") has applied to the BOCC for Special Review approval pursuant to Code Section 2-30-30(h) and 4-30-40(g), for the construction of an additional antenna to an existing cellular telephone facility located at 304 Aspen Airport Business Center. The cylindrical antenna will be located on the northwest corner of the roof, and will be 5 feet tall and 6.5 inches wide 2. The property is located at 304 Aspen Airport Business Center and is owned by AEP Family LLLP. The property is specifically described as Lot 2, Block 3, Filing 1, Aspen Airport Business Center. 3. The property is zoned B-2 and contains 41,942 square feet. 4. The Applicant submitted a complete application after July 6, 2006, therefore, the application is being considered pursuant to the 2006 Land Use Code. S. The BOCC heard this application at a duly noticed public hearing on December 6, 2006, at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in the Land Use Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Sprint Nextel Special Review for an additional antenna located at the cellular telephone facility at 304 Aspen Airport Business Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the application and public meetings. 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. 3. T'he antennas shall be painted a color that blends with the existing structure. 4. All structures associated with the cellular telephone facility use shall be removed when the lease expires or when the use ceases. 5. Access shall be provided to Pitkin County to conduct an independent RFR study to ensure that the applicant is operating within the FCC's Maximum Permissible Exposure (MPE) standards. JgNICE K VOS CAUDILL PITKIN COUNTY CO R 0.00 D 0.00 0~()J10 Resolution No. /~ 2006 Page 2 6. There shall be no exterior lighting associated with the telecommunications facility, Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on December 6, 2009. NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 5th DAY OF NOVEMBER 2006. APPROVED ON THE 6th DAY OF DECEMBER 2006. PUBLISHED AFTER ADOPTIgN FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ONIIA~nu a~a~_"a.067. APPROVED AS TO FORM: ~. - John EI ty ey Case #P228-06 264334403344 BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO ~~ Mick Ireland, Chair Date: / ? ~ Ze ~ G!~ APPROVED AS TO CONTENT: ~C~{ C dy ouben, Community Development Director I VIII) IHII VIII IIII NIIII VIII IIIIII II VIII IIII IIII 5 ° 9/eY008 11 :25 JPNICE K VOS CaUDILL PITKIN COUNTY CO R 0.00 D 0.00 uvU4J11 t RESOLUTION OF TFIE BOARD OF COUNTY COMMISSIONERS OF PTI'KIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE NEXTEL SPECIAL REVIEW FOR A TELECOMMUNICATION SITE AT THE ASPEN AIRPORT BUSINESS CENTER Resolution No.O~-2004 RECITALS 1. Nextel Communications ("Applicant") has applied to the BOCC for Special Review approval of an automated wireless telecommunication facility that includes three 12' whip antennas mounted on the roof, and radio equipment located within the existing building. 2. The property is located at 0304B Aspen Airport Business Center (Sherwin Williams Building). ASpeN AiKAo2r R, vsivess~ cCevre,C~ ,(a r a?~ (3~ocK 3 ~ FI R7NC~ 1E / 3. The property is zoned B-2 and contains 41,942 square feet. The property is conforming in size. 4. The BOCC heard this application at a duly noticed public hearing on June 23, 2004, at which time evidence and testimony were presented with respell to this application. 5. The BOCC finds that the proposed telecommunications facility is appropriate and does not have any substantial visual impacts on the surrounding area. 6. The BOCC finds that the proposal is consistent with the applicable master plan and the Special Review Criteria in Land Use Code Section 3-210. NOW, THEREFORE, BE IT RESOLVED by the Boazd of County Commissioners that it hereby grants approval to the Nextel Special Review for a Telecommunications Site at the Aspen Airport Business Center subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all material representations made in the application and public meetings. 2. All previous conditions of approval on the property shall remain in effect unless modified by terms of this approval. 3. The approved antennas shall not exceed 31 feet in height from existing grade. 4. The antewas shall be painted a color that blends with the existing structure. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII III VIII IIIIIIII010©620000 03:00F I ~Jiiljl~l~ Resolution No~-2004 Page 2 5. All structures associated with the telecommunication use shall be removed when the lease expires or when the use ceases. 6. The applicant shall provide a radio frequency radiation (RFR) study to the Pitkin County Communications Engineer for review and approval prior to building permit submission. 7. The applicant shall conduct annual RFR site assessments with gid available to Pitkin County and the Communications Engineer. 8. Access shall be provided to Pitkin County to conduct an independent RFR study to enswe that the applicant is operating within the FCC's Maximum Permissible Exposwe (MPE) standazds. 9. There shall be no exterior lighting associated with the telecommunications facility. 11. Statutory vested rights for the approval contained herein are ganted pwsuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin County Land Use Code § 4-140 and C.R.S., § 24-68-105. The statutory vested rights ganted herein shalt expire on June 23, 2007. 12. This approval shall expire after five years on June 23, 2009. The applicant is required to submit an application for extension of this permit no later than March 14, 2009 if an extension is desired. ^,.a IIIIIII VIII IIIIIIIN~I IIIII~IIII IIIIII III I~III IIIII~IIO 010285©4 0~:00F uuUJ13 ° 0.0° Resolution No~9-2004 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 23rd DAY OF MAY 2004. APPROVED ON THE 23rd DAY JUNE 2004. PUBLISHED AFTER ADOPTION VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIl~IES WEEKLY ON. ATTEST: ~ '.~/al APPROVED AS TO FORM: -~ John Ely, County 9 BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO o,% ~„ .r~wi . Dorothea Fams, Chair Date: ~ ..f _ 0 5! APPROVED AS TO CONTENT: Cmd ouben, Community Development Director Case #P072-04 264334403344 i~ui~iii~imN~n 503507 Pagr: 3 of 3 10/26/2004 03:00F D 0.00 3 lill}l~t 111111 IIIII 111111 IIIII 111111 II 11111111 III IIIII IIII IIII 440300 00/24/2000 11:30R RESOLUTI Di1VI5 SILYI 1 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL OF THE PFISTER SPECIAL REVB:W AND GMQS EXEMPTION FOR DWELLING UNITS DEED RESTRICTED TO AFFORDABLE HOUSING PRICE, INCOME AND OCCUPANCY GUIDELINES LOCATED OUTSIDE OF THE AH ZONE DISTRICT Resolution No. //e( - 2000 RECITALS 1. Art Pfister ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for Special Review and GMQS Exemption for three housing units restricted to affordable housing price, income and occupancy guidelines located outside of the AH Zone District. 2. The proposal is addressed as 113 AABC and referred to as Lot 2, Block 3 of the Aspen Airport Business Center, Filing No. 1, recorded in Plat Book 4 at Page 188. 3. The property is caned B-2 (Business) and contains approximately 1 acre 4. On May 2, 2000, the Planning and Zoning Commission ("Commission") reviewed the application at a duly noticed public heazing on February 8, 2000. The Commission gave the project a score of 49 points, which exceeds the threshold score of 36.6, and, therefore, recommended that the BOCC grant 4.65 Employee Generation Units (EGUs) for the project. 5. The Commission also recommended that the BOCC approve the Special Review and GMQS Exemption for the three affordable housing units restricted to affordable housing price, income and occupancy guidelines located outside of the AH Zone District, subject to conditions. 6. The BOCC accepted the scoring on March 8, 2000, and granted 4.65 EGUs to the Pfister project, pursuant to Resolution No, 004-2000. 7. The BOCC heard this application at a duly noticed public hearing on June 14, 2000, at which time evidence and testimony were presented with respect to this application. 8. The BOCC finds that the development meets the requirements of the Land Use Code. NOW, THEREFORE BE TI RESOLVED by the Pitkin County Board of County Commissioners that it does hereby grant approval to the Pfister Special Review and GMQS Exemption for three affordable housing units of Category 2, subject to the following conditions which shall run with the land and be binding on any successors in interest: 1. Prior to the submittal of a building permit application, the Applicant shall record a 24 X 36 inch mylaz Site Plan for review and approval by the County Attorney and Community Development Department. The site plan shall also be submitted in a digital format for integration into the County Geographic Information System (GIS). ~~~1015 i i~iiii ilia i~iiii mil iiiui a iiuiiii iii ilia ui~ u~i 446386 08/24/2000 11:36p RESOLU7I DpVIS SILYI Resolution No. f (~ - 2000 2 of 7 R 0.00 D 0.00 N 0.00 pITKIN COUNTY t~ Page 2 2. The Applicant shall comply with the provisions of Administrative Determination No. 98-2 (Exhibit A) and all other applicable documentation, unless otherwise replaced or amended by the conditions of this approval. 3. All lighting shall comply with the Pitkin County Lighting Guidelines in effect at intallation. 4. Prior to the issuance of any building permits, the Applicant shall provide to the Environmental Health Department verification that both parties, the Applicant and the Aspen Consolidated Sanitation District, are mutually bound to serve the project with public sewer. In addition, the Applicant shall provide to the Environmental Health Department an executed water service agreement or a letter of intent from the Aspen Water Department to service the project. 5. Prior to issuance of a CertiScate of Occupancy, the PM10 mitigation improvements approved by the Environmental Health Department shall be completed. These improvements have been outlined in a letter issued by the Environmental Health Departrnent dated May ] 0, 2000 (Exhibit B). 6. Prior to the submittal of any building permit applications, the Applicant shall submit a drainage plan prepared by a certified engineer to the County Engineer for review and approval. 7. The Applicant shall comply with the codes and requirements of the Aspen Fire Protection District, including the District's requirements outlined in Administrative Decision No. 982. 8. All signage on the property shall comply with the Land Use Code at the time of installation. 9. The Applicant is not required to submit annual reports attesting to conformance with the conditions of this approval, nor is the proposed use required to commence within 12 months of the date of this approval, as would otherwise be required under the Special Review provisions of the Land Use Code. l0. The Applicant shall provide a deed restriction in a form which complies with section 3812-301 of the Colorado Statutes for the existing affordable housing units within Building 2 p04 AABC) and the proposed units within Building 1 (113 AABC). The deed restriction shall be subject to approval by the County Attorney and is subject to the requirement that Aspen/Pitkin Housing Authority (or similar agency) possess an interest in the property subject to the deed restriction. Failure to impose a deed restrbtion satisfactory to the County Attomey shall result in revocation of the right to employee dwelling units on the property, which revocation shall be subject to an appeal to the BOCC. 11. No building permits shall be issued until the Applicant has re~lved the deed restriction for the affordable housing units to the satisfaction of the County Attomey and the Aspen/Pitkin Housing Authority, 12. On-site employees that qualify with Category 3 asset and income limits shall be allowed to rent at Category 2 rental rates upon qualification with the Aspen/Pitkin Housing Authority. 13. The Applicant shall adhere to all material representations made in the application and in the public meetings. l~iuJ1G i iiiiii ii~ii ii~i~i iiiii iiuii ii iiiiiiii iii loll ~~ii iii 440360 08/24/2000 11:30p RESOLUTI DiWIS SILYI Resolution No. ~ - 2000 3 of 7 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO Page 3 14. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 4-140 and C.R.S., § 24-65-105. The statutory vested rights granted herein shall expire on June 14, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 13TH DAY OF MAY, 2000. APPROVED AND ADOPTED ON THE 14TH DAY OF JUNE, 2000. VESTED RIGHTS NOTICE PUBLLSHED ON THE rT L DAY OF ~~ 2000. ATTEST: v j Ly ee R Dean C rk to the Board APPROVED AS TO FORM: John-Ei` County Attorney Case #PI S t-99 264334403344 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO <C'>~' / r Sheltie Roy Harper, Chair Date: ~f z `/~ad APPROVED AS TO CONTENT: t~,f Cl1 Cin Houben, ~~W~~ Community Development Director li,~jJ17 -M ~~~ VJ~,VI.~I =N N ~! ~g = DETERMINATION OF ADMINISTRATIVE APPROVAL BY TAE ~MM ~~ F COMMUNITY DEVELOPMENT DIRECTOR FOR ° COMMERCL4L GMQS EXEMPTION FOR LOT 2, BLOCK 3 OF THE AABC ~g m Administrative Deternrioation No. 98-~ ~ ~i z .. ~~~ ~~Qm RF. IT TC ~ ° 1. Richard Butera, hereafter "Applicant", has applied for consideration of approval for a Commercial -gym r o GMQS Exemption according to Section for 3-150.150 of the Land Use Code. _~m ~~ ~ Z. The property is located at 113 Aspen Airport Business Center (AABC), and is more specifically ~° `o described as Lot 2, Block 3 of the AABC. -. _~ -~ ~ 3. Pursuant to Article 8 in the Land Use Code, the proposed paint supply store is being approved under the definition of "Equipment and Supplies Contraction or Subcontraction' which is "the storage, repair, manufacture, rental and/or sales with contract installation of such items as cabinets, kitchen appliances, plumbing fixtures, electrical fixtures...paints...". The "Places for Retailing of Goods" in the B-2 zone district is a prohibited use. 4. The Director finds that the application generally complies with the requirements of the Land Use Code. NOW, THEREFORE, BE IT RESOLVED that the Pitkin Counry Community Director hereby grants approval of a Commercial GMQS Exemption to Mr. Richard Butera for Lot 2, Block 3 of the AABC, subject to the fallowing conditions: 1. Prior to the issuance of a building permit, any suspect asbestos-containing materials to be removed from the site shall be tested by a licensed inspector and a report provided to the Environmental Health Department. Suspect asbestos-containing materials include material prior to 1986 except for concrete, bricks, steel, or wood. The removal ofasbestos-containing materials shall be done by a licensed abatement contractor. 2. The disposal of paints and other chemicals shall be in accordance with the Pitkin County Landfill requirements. 3. If any gas appliances are to be installed, a permit must be obtained from the Environmental Health Department. Only decorative gas appliances may be installed in commercial buildings. 4. Prior to the issuance of a Certificate of Occupancy, an oil and sand separator shall be installed for the Auto Support Service business, to the satisfaction of the Aspen Consolidated Sanitation District. 5. Prior to the issuance of a building permit, the Applicant shall submit detailed t]oor plans to the Aspen Consolidated Sanitation District (ACSD) for review and approval. The plans shall delineate the storage of batteries and hazardous products for the Auto Parts Store and the storage of thinners and solvents at the paint supply store. The total connection chazges for the site will be estimated by the ACSD and a tap permit issued when detailed plans are submitted. i~~;iJ~18 i iiiiii ii~ii iiuu iiiii ii~iii a oiiiiii iii iiiii iiii iii 446306 08/24/2000 11.308 RESOLUTI DRYI6 SILYI 0 eF T R 0,00 D 0,00 N 0.00 PITKIN COUNTY CO Administrative Determination No. 98-~ Page 2 6. Prior to the issuance of a Certificate of Occupancy, adequate ventilation, filtered to the outside, for the paint supply store in Building #2 shall be installed to the satisfaction of the Environmental Health Department and Building Inspection Department. 7. Prior to the issuance of the building permit, the Housing Office shall inspect the current deed restricted units to verify types of units. 8. Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit to the Housing Office, payroll records for each use to verify the number of employees as proposed by the Applicant. For two consecutive years after the issuance of a Ccrtificate of Occupancy, each use shall provide the Housing Office with payroll records for verification of employee numbers. If the number of employees exceeds fourteen (14) as indicated by the Applicant, further mitigation shall be required to reflect the increase. 9. The Applicant shall designate on the site plan, the maximum number of parking spaces on the site at any one time for the Auto Sales business. Future increases in parking for the site shall necessitate a review of the parking requirements by the Community Development Department and County Engineer. 0. Prior to the issuance of a Certificate of Occupancy, the southerly drive off of `A' Street shall be signed `entry only'. 11. The Auto Support Service operation to be located in Building #2, shall strictly be support for the Auto Sales business. Auto repair and auto detailing shall. not be available to the general public on the site. l2. The large spruce tree located directly behind Building #2 north of the staircase, shall not be disturbed. 13. The driveway and gate on the northeast comer of the site shall be removed and reconfigured to meet the same cross-sections as that on `C' Street. Prior to the Certificate of Occupancy of the paint store, the removal and reconfiguration of the driveway and gate shall be completed. l4. Prior to the issuance of a building permit, Building #2 shall be installed with a fire alarm system. 15. The Fire Department requires that if and/or when the residential units aze remodeled, both the first and second levels of Building #2 shall be retroftted with a sprinkler system. 16. Prior the issuance of a building permit, the applicant shall submit a revised site plan for approval by the Community Development Department and the site plan shall be recorded. All conditions of approval shall be included on the site plan. i,iliJU1J r.. - ~ /. I'flll "~II'llll' I'~I"II~~' I' (~I~~"I I~I "II' ~I~I ~'~I 140300 00/21/2000 11:30fi RESDLUTI DRVIS SIIYI Administrative Determination No. 98- 2. 0 of 7 R 0.00 D 0.00 N 0.00 PITKIN CDUNTY L:0 Page 3 17. The Applicant shall adhere to all material representations made in the application. APPROVED ON THE 25rd OF FEBRUARY, 1998 nor ~. . Cindy Houben, Community Development Director Date a •as• ~'ig P154-97 PID #2643-344.Oi-344 L t'UiJ~~,o May 10, 2000 Alan Richman Planning Services Box 3613 Aspen, CO 81612 Re: PM-10 Mitigation for Pfister Property Dear Alan, Pttx><v Couvrr ENVIRONMENTAL HEALTH DEPARTMENT The proposed PM-10 mitigation plan for the above-mentioned project is acceptable to this office..The proposed plan includes commitments made in your letter to dated April 25, 2000. Mr Pfister has agreed to the following: 1) Re-pave the entire pazking lot serving the property so the exposed azeas of dirt aze eliminated and will not be tracked out onto the street. 2) Construct a sidewalk along the edge of the property to make it easier for residents and employees to access the two bus stops and the trail. 3) Pave with concrete the informal path that now connects the sidewalk along A Street to the bus shelter along Highway 82. John McBride has approved of this in a letter to me dated May 5, 2000. These improvements aze to be completed before the Certificate of Occupancy can be issued. Contact this office should you have. further questions or comment. Sincerely, I Illlll 11111 IIIIII Illll 111111 Il Illlllll III "III I'll 1111 446366 08/24/2000 3I.30R RESOLUTI DRVIS SILVI 7 oI 7 R 0.00 D 0.00 N 0.00 pITKIN COUNTY CO Nancy MacKenzie /Environmental Hcalth Specialist j/ Cc: Lance Clark, Community Development •~ - ~ v ' ararrr20~ COu~,, '~ KrN 130 $oLmT GALENA STREET E15PEN, GOIpRA00 81611-1975 ~ PxoNE 970.920.5070 ~ FAx 970.9.0.507A i, ~ ~ ~ www.aspengoecom/ehnew/county/index.html PMad nn R.xnIM Aprt i~.~~~ ~.. Sprint Nextel Corporation 333 Inverness Drive South, Englewood, CO 80112 January 22, 2010 Pitkin County Department of Community Development 130 South Galena Street Aspen, CO. 81611 RE: SprinUNextel Telecommunication Facility PID #2643-344-03-344 (DN72XC029/CO0583 Aspen Airport) Dear Cari Anne, As the Site Development Manager with SprintMextel, I authorize Chris Stryker with Stryker Site Services; on behalf of Sprint/Nextel to submit the above referenced Special Review application to Pitkin County. If you should have any questions or require additional information, please do not hesitate [o call. You may reach me at (303) 472-21 l4. Thank you in advance for your consideration. Sincerely, ---~ ~Cu am Site Development Manager ~i~U~22 February 8, 2010 RE: Sprint/Nextel Site: Aspen Airport DN72XC0291C0-05831 Location: 304 Aspen Airport Business Center, Aspen, CO 81611 Please let this letter serve as consent from Balentine Holdings LLC to allow Chris Stryker (representing Stryker Site Services, LLC) to submit an application to the Pitkin County Community Development Department on behalf of Sprint/Nextel for a Special Review application regarding a telecommunication facility located at 304 Aspen Airport Business Center, Aspen, CO. Signature -Rick Balentine /"~ Title d ~ FY-1~ r ~ Date i~~;UJ23 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLL( 1. APPLICANT has submitted to COUNTY an application for ,l~ _ SDEG~~FL P.luJvF~1 Tu r~T:c/dt 'Ta tochr4. G4.ccu.~-,4~ Fauu ttic.s ~,.t Fix~sn~t4 (hereinafter, the "PROJEC "). 14vECA«.tCl ___--- - - -- --- --- __ 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the COUNTY'S policy that development shall pay, in full, the cost of development review in the COUNTY. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed PROJECT, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application inGudes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY'S waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and. if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made withir 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY ~~,p~Q,µlT ~,(/~?c]'f.(„ ("AP LICAN ") ~ Cindy Houben Community Development Director Print Name~and Title (if Date: / -~~ Mailing Address:.4 3 mtlct,rc~s gyp, aw.ri+ ~C[G t ~ Ca. ~7ltL ~~i~l~~~ Easy Peel® Labels i • ~ Bend along line to ~ ~ AVERY® 5160® i Use Avery® Template 5160® j Feed Paper expose Pop-Up EdgeT"" j j 309 SAGEBRUSH LLC 319 AABC UNIT G ASPEN, CO 81611 ASPEN SKIING COMPANY LLC PO BOX 1248 ASPEN, CO 81612 BEDELL MARK & LINDA 309 K AABC ASPEN, CO 81611 BRUSH CREEK LAND COMPANY LLC C/O ASPEN SKIING COMPANY PO BOX 1248 ASPEN, CO 81612 CWB ENTERPRISES INC 505 E HYMAN AVE ASPEN, CO 81611 HEWETT CHRISTOPHER B 309-L ASPEN BUSINESS CENTER ASPEN, CO 81611 KNEZEVICH RICHARD & SUSAN 309 K AABC ASPEN, CO 81611 MCBRIDE JOHN P C/O STEVE HANSON PO BOX 10493 ASPEN, CO 81612 MCBRIDE PETER MACK 32.6% 303 E AABC ASPEN, CO 81611 ORTMANN WILLIAM D & MARILYN 411 AABC ASPEN, CO 81611 PITKIN COUNTY 530 E MAIN ST #302 ASPEN, CO 81611 SOPRIS FOUNDATION 303E AABC ASPEN. CO 81611 C~U~25 Etiquettes faciles a peter Utilisez le gabarit AVERY® 5160® BURKHOLDERINVESTMENTSLTD 1596 W BUTTERMILK RD ASPEN, CO 81611 DDABC LLC 109 AABC ASPEN, CO 81611 HILL JUDITH A 148 ASPEN VILLAGE ASPEN, CO 81611 MCBRIDE JOHN P 303 E AABC ASPEN, CO 81611 MCBRIDE JOHN P C/O THURSTON INC-STEPHEN MCDONALD 761 KALAMATH ST #A DENVER, CO 80204-4402 MOHWINKEL CLIFF PO BOX 9457 ASPEN, CO 81612 PACIFIC AVENUE ASSOCIATES 531 W GILLISPIE ASPEN, CO 81611 CHILL LTD 476 WESTWOOD DR DENVER, CO 80206-4139 HANSON STEVE PO BOX 10493 ASPEN, CO 81612 HOLY CROSS ENERGY DRAWER 2150 GLENWOOD SPRINGS, CO 81601 MCBRIDE JOHN P C/O DAVID HOFF PO BOX 370 WOODY CREEK, CO 81656 MCBRIDE KATHERINE HAWLEY 303 E AABC ASPEN, CO 81611 OBERMEYER AABC LLC 115 AABC ASPEN, CO 81611 PERREAULT GEORGE C 411 AABC ASPEN. CO 81611 RADIMO LTD SAGEBRUSH CONDOMINIUMS 303E AABC SNYDER ROBERT J REALTY SERVICES ASPEN, CO 81611 INC 304 S GALENA STE A ASPEN, CO 81611 TORNARE FELIX A & SARAH B 5000 COUNTY RD 100 CARBONDALE, CO 81623-8862 ZANIN BRADLEY L 5084 SNOWMASS CREEK RD SNOWMASS, CO 816154 • Repliez a la hachure afin de I Sens de reveler le rebord Po U TM ~ rhwrnc...nnr P- P i vvww-avery.com 1-800-GO-AVERY ;mss ~~~ X70 UNIfiED SfiAfiES 0~ AIVIEAICA; To W to Whom thew Prwonh oha11 wmy OHSTTIIW®I j°~i Homestead Certificate No..-.__...1°.51 y- APPLICATION ... 7SR.._._._..._._....__. } iffS~i "TTsara has been deposited in the Gsner¢Z Land OIIloe oP ties United States a CerEiJk¢.te of the RagidEsr of the L¢nd O>/toe at Gleawaad..aBr34te~_COla»de _ _: : whereby sE ¢ppeare Ehnt, puraumnE Eo the Ad of Con¢resa ¢pproaed SOth..nl¢y, 1865, "TO S%CUR% HOM%STSADS TO AOTUAL 8%TTL%RS ON T8%PUBLIC DOMAIN," ¢nd the mote awpp2emenEad thereto, the oi¢im of-_....._._.._ Aan1s L. l/itohell ~~~ -_........._.-_-__.._......_.........-.._._..._..._.__........-.-__ k¢e been eaE¢biiahed ¢nd duly eansumm¢lret, in conformity fo Zam, jar-the:.: L~L,_mwbered eitptaen_of_eecR,;ox-two,_and-the Leta nuob seed .ens, ~eeven, sight, nine and ten rf aeetlox three, Sn Te,rElehlp ten eovth,eP 8enge eignty-flue Weat of the sixth Prino ipal Merle Un in CoUrade, -0onta1n311a . hundred and fifty a3a urea,-and Lan huxdredtha eP~an care ~I~IIII I~O„III IIR11 II11 ~I,III III,I IIII~IIII IIII 0 31/21 8 /01 9 43 0 2:101 JONICE K VOS COUDILL PItKIN COUNTY CO R 0.00 D 0.00 f axording to !lee O//ta¢1 Plat of Ehn Surusy of the smid Lied, retnrn.ed Eo Ehe Oonera! Land O//We by the i 6uroeyar Gexerml: lfOwe Snow Yo, Thad Ekare Es, therefore, grmntxb by the U N I T L+' D B T A T E 6 unto the said __.-.__.-. Anb1e L~ MiLuhe ll__.-..._.-..._-....-.._._.~- .. ....._.._..._.the lrao6 of dwuE above devcrUied: To Have and to Hold the ~sapd treed of L¢ad, math. the aPPUrten¢npea !hereof, unto the aaid_--,_.,.,-----.__ ..___..._._AR?4f e-_L,_IA_it0he11 -__-_._-._. ¢nd to._heP,__-_.__heire and adai -- ....._...-__..:._.._...._. gna forever; eubfeeE to any vested and aeprusd m¢.ter rdghtd for mini, a.4risvlEurai, mmrusf¢aturinQ or other Pwrpoaed, ¢nd, rights to ditches seed reservoirs wed 6n connaotion uKth euoh tooter riIIhta, as mmy be reoogrdztd and aokraorykdged by Else Zoo¢6 ou+tm+se, lame owed deaiaiond of Courts, sad also subJeot to the right a/ the Proprietor of a aein or Iode to eatroot and remove hta bovr~~;E~hQerefro+n,. ehoafd the. sang be found W penotn+te~ m. gtr~ereeet the PremEese 17n3~h $~e~ay ti~iare n~ of °'°ohea sroeanal0raonatructed byhthaaautherltyyef theed Ist'iYot~aoo7 Whosoof. I,..._...._6ro9.er-Cleveland -------------_.........._..... PfC8I000f Of iSE UEiIid 8latlS OC e9El1Cd~ --- ---- hava exuded these leEEerd t0' 6e mode Potent, ¢nal the Seal of the 6enere,t Land OfJ[ae EO be hereunto ¢f/tved. ClwsJa under my hwad, at the LSty o/ W¢ahrongEon, Ehethirtleth. ___. 9 QENE~ day ~-.-AP.eil _.._.._.-.-....-..-_ , in the year of our Lord one Ehoasmnd eight ,- ~''~ kundrrd aad_nimty.nix._.-..__.__.... mnd of the Indepexdenoe of the United . (BFIA L] 8tata+the one !swayed aRdl.3eIltieth _ •~• -_._-_ 'C ~ W' BY THB PR%SID%NT:-..Rrnvnr._Flesal!xp_._. yy0 OFF! By._........_. Y. 1(eLean --L..4..C.tiLNRar __._.__...-.__...._. %taorder of the Oenermi Lead OJ/Ey. Ramrdsd, YoL._ 2. a-----..... P¢ge.._-12j-----' I'Yler6 for Rsrord Ehe.._._-..-..:~6~ _..._day af_~!!!~~t._...-_._. .-._...d. D. I219P3 at?110_..o'aioob....._.D7. _.~ISnxLd..E.-..eandnsa.__.-.-__._........_...... Reoorder, ~ti~J~lE OJ/SOi2008 g7l[i OE:04 FAS 72099288J1 RCA DGN~'ER X002 Stc~mn'.itlc Guaranty COmpary Corrmitment Number Dd0L50763NF SCHEDULE C PROP =RTY DESCR1PTIbN The land fAlBrfed t0 in NIS COn'1fllifCnOh[ is ddscri~ed e5 f0lbws: LOTT 2; BLOCKS; ASPEN AIRPORT DUS1N~55 CENTER, FILING NO. 1, RECOROGO IN PLAT BOOK 4 AT PAGE 160, COUNTY OF PRKIN, STATE OF COLORADO. ALTa GC.7Ynitm)!rt ENacule C tU~C250167N°.Pi'NOIWSO! 83NFt Q~~~J27 Page I of I U MAPQV EST Map of 304 Aspen Airport Business Ctr Aspen. C081611-3501 MAtiQYfST. ~. 0 4 a ASPEN-PlTK1N COUNTY AIRPORT O C~ m m 4 T a i2 ® 2010 MapQuest Inc. Notes 304 AABC Sprint/Nextel Telecommunication FadlRy DN72XC029/000583 -Aspen Airport PID #2643-34403-344 0 200 m soo st ~~ r R' ~~ q n O VF G A~lx 200 0` 0~ h a~" Map Qata ®2070 NAVTEQ w Inlarmap 411. ngh1 s _ ~se sw I 1 ~ e > >_ ;nt I r.raF LegenM1 Diredions antl macs are inbrnwAonel only. we mare no warmnlies on the ac<uracv oflbeir content, roatl conailions or route usabibty a experNiousness. You assume all nsh of use. MaG~Pesl ana 1ls supPlers sM1ell nd be Ilable loyw iw any loss or aeloy resulting hen your use d MapOUeSL Ymr use of MapOUesl meansyou agree to ow Teinrs of 45; http:lJwww.mapquest.com/print 2/7/2010 RECEPTIONR: 543503, 10/24/2007 at 09:58:22 AM, 1 OF 5, R $26.00 DF $236.07 Janice K. Vos Caudill, Pitkin County, CO SPECIAL WARRANTY DEED 7HLS DEED, Node n tole day of OctoM 10 2007 betxem AEP FAAOLY, LLLP, A COLORAIKi LTMITED LIABILITY LAfITFD PARTNERSHH' of the Calory of and state of COLORADO 6rmtor(s), end BAI.FPITINE FN)LDINO3, L.L.C., A COLORADO LBdITFD LIABR.ITY COMPANY STATE DOCUMEMARY FEE Date: October 10, 7007 S 736.07 xhose lapel etldrasa is PO BOX 11765 ASPEN 0081612 of tha [arty of and State of , of She Grmtee(s>: WEINF59, Thet the Grmt¢r, for erd in corsitleratf an of she sun of ( 52.360,660.00 ) •ae Two MOliw Three Huvdred Sixry Tbousavd Six HuvdrW Sury sod 00/100 ssr _ DOLLARS tM rettipt sM sufficiarcy of xhich le hereby ¢knexledged, has granted, berpalred, sold and conveyed, eM M [heu presmts tloes pmt, Mrpain, sell, convey erd confire into the Grmtee(s), their heirs srd asaipre forever, ell the rml property, twether xl th toprovemmta, if ant. eitwte, lying and beirp in the Canty of P7IKDi nd State of Colorado, deuribed as follms: LOT 2, 3. ASPEN AIRPORT BUSDiFSS CENTER, Fll.MO NO. 1 AS SHOWN ON AMENDED AND RESTATED PLAT OF TIVi AIRPORT BUSINESS CENTER, FDINO NO. 1 RECORDED APR)L 16, 1979IN PLAT BOOK 7 AT PAGE 79. COUNTY OF PI'CKIN. STATE OF COLORADO. else knorn ac street Haber 113 AND 301 ASPEN AIRPORT BUSINESS CENTER ASPEN CO 81611 TOGEfF6R xi th ell erd siwuler erd herediteaenes end eppurterercea thereinto belonging, or in er,yxix epperteiniw end the reversion W revereiace, rami Mer ntl rmeirdare, ants, issues entl profit thereof; erd ell the estate, rift title Interest, clam srd dement xhetsoewr of the Gmtor(s), either in lax or equity, of, in sM to the show Mrpsined prmisu, xith Me herMitmmts and eppurterencu; 7b NAVE AND T'O VOID the u(d prmicea Wove bargei red ant dacribsd xi th eppurterorcm, alto the Gmtea(a), their heirs, successors eM eesipna forever. The Grentor, for Ibelf, its successore end assign, don coverunq _ erd spree that it shell erd xiU NMRAN7 AND FOREVER DEFEND the Wow-MrpairNd prmiam in the quiet erd peecaebls pocsasaim of the Grmtee(s), their hei re, successore and aselpm, weiret all erd every person or penare claimiw the Wole or airy pert tMrwi, by, ihra:gh or under the Cantor(s). astaoa ammm. taus am aueemosr~ ru ru raAS OoeY am smasovawr race Aw avn,9acr m sou It'L0 Ae ear )sale m sent) •a• atxttr® aurm am nawanua^m avavv. IDiWDONFSS WNERFAF the Grentor(q haw azacuted this deed n the date cat forty above. SLATE Of COIARADO ) )ea. Canty of P17KRf ) The forwoiw iretrmmt ms eckrexledped before rc n this day of Ocrober 10. 2007 , My eomiesin expi rea NI[reca ry hatl and official ¢eel. Notary piDlic Nero erd Address of Perem Crmtiw Mealy Created lapel Descripttn (33-33-106.5, C.R.SJ Yhm Rewrtled Return to: MIENTINE XOLDINC3, L.L.C., A COLORADO LIMITED LIASILI7T COMPANY Escraq' 062000932 Po 301( 11]65 ASPEM, CO 31612 i1tlM 062000932 Form A32 01/17/03 SPEC.W.OPEM WRRFNTY DEED (Photwraphic-Dpen) C3333F37) ii i i nn iin n i mnni i ui in nil by •~~ ~~ji~~v) J RECEPTIONk: 543503, 10/24/2007 at 09:58:22 AM, 2 OF 5, Janice R. Voa Caudill, Pitkin County, CO 113 AND 30{ ASPEN AIRPORT BDBINEaH CENTER ABPEN CO 63611 AEP 171lfILY, LLLP, A COLORADO LI3fITED LIABILITY UNITED -PARTNaRBNIP . ARTRDR O. PPIBTER TRDET, OR~+~r~'PARTNER HY ANDHaN V. EECRT, TRDBTEE ffiIZAEETE H. PPI6TER TRDRT, OR"*~r°~r~ PARTNER BY AHI/RE{4 V. EECBT, TRDBTEE TAE 1990 CDP TRDBT, GENERAL PARTNER BY ANDREN V. NE®T, TRDSrEE • T8E 1990 RNP TRD9T, GENERAL PARTNER BY ANDREN Y. EECET, TRDBTEE ~`. '~"TRS 1990 SEP TRDBT, OENffit]LL PARTNER BY ANDREP/V. SE®T, TRVRTaa STATE OF COLORADO ) )ss. COUNTY OF 1 n ) The foregoing ins[[ument was aclmowledged before me on this day of (_ f~h,Pir I S~, 2007 by: ANDREW V. HECHT, TRUSTEE OF THE ARTHUR O. PFISTER TRUST, ELIZABETH H. PFISTER TRUST, THE 1990 CDP TRUST, THE 7990 NMP TRUST, AND TI1E ]990 SEP TRUST. Witness my hand and seal. ~w My commission expires: ~D 7 ~ ~~ blri}Y,IO~ .NOTAR ~'•,PUBLIt 9~'•..:. N YP L C OF ••~ 00~1~J30 RECEPTIONX: 543503, 10/24/2007 at 09:58:22 AM, 3 OF 5, Janice K. Voa Caudill, Pitkin County, CO EXH~IT "A" 1 of 3 RIGHT OP PROPRIETOR OP A VEIN OR LODH TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE POUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDID MARCH 16, 1923 IN BODK 33 AT PAGE 370, RECORDED DECEI.IDER I, 1933 IN BOOK 180 AT PAGE 379 AND RC JUNE 2, 1944 BOOK 167 AT PAGH 361. RIGHT OP WAY POR DITCHES OR CANALS CONSIRUCTID BY THE AUTHORITY OP THB UNITED STATES AS RESERVED IN UNITED SCATES PATENT RECORDID DECEbffiER Ol, 1933, IN HOOK 180 AT PAGH 379. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSH, AS CONTAINEDININSTRUMENT RECORDED TUNE 17, 1971, INHOOK 233 AT PAGB 916 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 23, 1974, IN HOOK 292 AT EACH 302. TERMS, CONDITIONS AND PROVISIONS OP CONTRACT WITH CITY OP ASPEN RECORDED DECEMBER 8, 1969IN BOOK 244 AT PAGH 683. TERMS, CONDITIONS AND PROVISIONS OF GRANT POR SEWER EASEMENT RECORDID Jam~ay l I, 1971 IN BOOK 253 AT PAGE 50. TERMS, CONDTTIONS AND PROVISIONS OP E45EbffiNT GRANTID TO MOUNTAIN STATES TELEPHONH RHCORDID JANUARY 11, 1971 IN BOOK 253 AT PAGE 61. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTON RECORDID Angusl 26, 1974IN BOOK 290 AT PAGB 310. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION JI16-66 RECORDED July 22, 1976IN BOOK 314 AT PAGH 383. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION AND ACREffi.g.N'T RBCORDED Pduuary 23, 1980IN BOOK 384 AT PAGE 144 AND RECORDED 224, 1980IN BOOR 364 AND AT PAGE 143. TERMS, CONDITIONS AND PROVISIONS OP CONSHNT AGRPERvffidT TO AMENDED AND 0t~~)~13~a RECEPTIONN: 543503, 10/24/2007 at 09:58:22 AM, 4 OF 5, Sanice K. Voe Caudill, Pitkin County, CO EXHIBTP "A" 2 'of 3 RESTATED PLAT RECORDED April 16, I9)9IN BOOR 36fi AT PAGE 627 AND RECORDED NOVEMBER 2fi, 1979IN BOOK 379 AT PAGE 772. TERMS, CONDTTIONS AND PROVISIONS OP ORDINANCE /94-04 RECORDED April 07, 1994 IN BOOK 746 AT PAGH 851 UNDER RECEPTION NO. 368714. TERMS, CONDITIONS AND PROVISIONS OA RESOLUTION X9442 RECORDED April 07, 1994 IN BOOK 746 AT PAGE 833 UNDER RECEPTION NO. 368713 AND RE-RECORDED AUGUST 31, 19941N BOOK 760 AT PAGE 22 UNDER RECEPTION NO. 373721. TERMS, CONDITIONS AND PROVLSIONS OP ORDINANCH Y94-07 RECORDED April 27. 1994 IN BOOK 748 AT PAGE 837 UNDER RECEPTION NO. 369434. TERMS, CONDITIONS AND PROVISIONS OF OCCOPANCY DE® RESTRICTION RECORDED December 06, 1994 IN BOOK 768 AT PAGE 784 UNDER RECEPTION NO. 376973. TERMS, CONDTTIONS AND PROVISIONS OP RESOLUTION X112-2000 RECORDED Angast 24, 2000 AT RECEPTION NO. 446366. TERMS, CONDTTONS AND PROVISIONS OF RESOLUTION X78-13 RECORDED Jnly 21, 2003 AT RECEPTION NO.485672. TERMS, CONDITIONS AND PROVISIONS OA RESOLUTION X089-20D4 RECORDED October 26, 2004 AT RECEPTION N0.503507. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION X145-2006 RECORDED December 29, 2006 AT RECEPTION N0.532813. TERMS, CONDITIONS AND PROVISIONS OP MEMORANDUM OP AGREEMENT RECORDED )mx 22, 2005 AT RECEPTION N0.511329. AN EASEMENT POR THB UNOBSCRUCTED PASSAGE OP ALL AU2CRAFT IIV ALL AIIt SPACE ABOVE SURFACE OP SUBIEGT PROPERTY TO AN INPBJI'[E HEIGHT, AND ~~~JC32 RECEPTIONY: 543503, 10/24/2007 at 09:58:22 AM, 5 OF 5, Janice K. Voa Caudill, Pitkin County, CO E4ffiIT "A" 3 of 3 INCIDENTAL PURPOSES AND HFFECTS THEREOP, AS GRANTID TO THE COUNTY OP PITKIN, STATE OP COLORADO, RECORDED AUG 20, 1974 RV BOOK 290 AT PAGE 373. EASEMENTS, RIGHTS OP WAY AND OTHER MATTERS AS SHT PORTH ON THE PLAT OA SU6IECT PROPERTY RECORDID MARCH 2, 1971 Al PLAT BOOK 4 AT PAGE I88 AND RECORDED APRIl, 16, 1979 IlV PLAT BOOK 7 AT PAGE 79. EASEMENTS, RIGHTS OF WAY, TERMS AND CONDITIONS AS DISCLOSID ON COMI.ffitCIAL GMQS EXffi.4'TION POR LOT 2, BLOCK 3 OP THE ASPEN AIItPORT BUSRVESS CENTER RECORDED MARCH 20, 1998 Al PLAT BOOK 44 AT PAGE 64. EXISTOVG LEASES AND TENANCIPS, H+ ANY. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATTON OP PENCE LINES AND THE EPFECI OP ANY RIGHT, TITLE OR IN1'ERHST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. QG~1333 - ' ,. u ' taf5-~d~2~4~ -~1':Jh lY_~!~C}.1.4°t}'~r5k.:1''Y[f114iS.f C}yV ~ -~-f:• •''i}y}t~i` R ~•~'{4 ecorded q[ 9,51 s.m, Feb 25, 1980 Loretta Banner Recorder Receptton No rS' - zzzioo v g'~384 ,~~145 -' - { AGREEMENT ~(~~) .. ' ;1 TNIS AGREEMENT, made and entered into this/~ day of - ~ ' ~~~ 19~ by and between THE BOARD OF COUNTY LQMIISSIONERS OF PITKIN COUNTY, ; ~~ ~_` _.~- COLORADD,~herein called "County", and ROCKY MOUNTAIN NATURAL CAS LO INC . ! ~ ., ., j a Colorado corporation, herein called "RMNG", P,O, Box 700, Glenwood Springs , CO 8160E ~ ~'~ ~` 'f~ i. N 1 TNESSEiH: ~~.:,: wNEREAS, RMNG desires to construct two 2-bedroom and two 3-bedroom _ apartments above its warehouse at the Aspen Airport Busf ness Center to house its enployees and has filed for and met ail requirements for subdivision 4 approval thereof subject only to canplying wf th and agreeing to be bound by the Pitkin County Growth Management Housing Price Guide Lines for ,i ~= permanent and moderate housing: ^c: NOH, THEREFORE, for and in Consideration of the County's approval of ~_. `~~~ RMNG's subdivision application for said apartments and authority to proceed -; ~.;.~_ with construction thereof,RMNG, without prejudice to its rights under the - ' 'law, agrees to rent said apartments to its employees, or, at its option, ;~,'~ ti ;.L other employees of the area as defined by the Pitkin County Housing Authority / I s, • ~_~::~ permanent and moderate housing qualification criteria, having gross annual salaries in the law or moderate income level as defined by and in aaordance xi th the County Growth Management Housing Price Guide Lines for permanent acrd moderate housing, as adjusted annually on or before April 1 of each - year, as adjusted annually on or before April 15th of each year, based on the - ' \j:< change over the preceding 12 months in the U.S. Consumer Price Index for ~:y:: ;~-~t• .4ij~, Ibusing -Rent Residential subsection for wage earners and clerical workers `$~~- ~;-: for the U.S. city average which uses 7967 as the base 100% ( )year; provided s. ~; that RING shall not be required to violate any State or Federal law in l i _ ~'~' Imp y ng Therewith ~;- ri:- . y. ~ If RMR6 rents said apartments t0 employees other than ffS own, it shall ~: first obtain approval of the Pitkin County Nousf ng Authority. fit. ~w~a ~ RMN6 agrees such a a p rtnents shall rwt 6e converted to wndaoiniums. - ~%yYj IN NITMESS WEREOF, the part~e5 ~I~roye•se4~ heir hands and seal _'r='. s the day and year first-above written: ,'':- ~ a . t 3 Gw: ~~'"'~ __ . i tl I. t)t i ~~ ~ - t ri: t!s _ i ,4 THE~BOARD OF COUNfY CCOIMISSIONERS - K . ;~ITKIN COUNTY, COLORADO - P ATTEST: ~ 01 _ ~ Recorder f . Jr., Cho ~a C~t~E1~3~ ` F riFwr :. _~,. ~~.~~ ,, : ~ ~ ,, _ ~,_ 444 `K "~.e yit . sas~+-~asdw:,t.x.«-:...... _.. _ .,, ~ . ,.. ~ 5 . ~ ip'r~ r: ~~ '~ ~ '_ . S 9re ~ . c P ~ I ~ "4;~ , , C arsons : t S~z d~. C~ItijiC . i .,.- tkP...: . _ s~~384 Ir~.E14G ROCKY MOUNTAIN NATURAL GAGA ~C~ INC. By i 7 res ent Orville N. Shoekl ey, Preside t i, o. . i.:: :.. (~ ~^o-r ,~ u.fl Y6Y w~ '. LJ'..ww ..-i...t. w ..6 a.z',4...~ k-. -,s. .. .. _ 'f Il bili~ (`~ 1.... :.~ i y };.i: '~ Reeordnd at 9:50 a.o. Feb 2S, 1980 f.oretta Banner Recorder ReceptlonNO: f ..lf 4 ~, 222099 ~: . RESOLUT [ON OF THE BOARD OF COUNTY - CCWMISSIONEAS OF PITKIN COUNTY. COLORADO, r' GRANTING DETAREO SUBMISSION ANO FINAL g"-a,j~f} ;iaa44 PLAT APPROVAL TO ROCKY MOUNTAIN NATURAL GAS COMPANY INC. Resolutf on No. 79-~_ MHEREAS, Rocky Nountain Natural Gas Company Inc. has made application for GMP and subdtvi Sion approval to locate four employee units in a second story to their existing building at the Aiiport Business Center, and MHEREAS, the Board of County Commissioners of Pitkin County, Colorado, did, on January 8, 1979, consider the application and approved the General SuhnSssiod, subject to certain conditions, and MNEREAS, the Planning and Zoning Commission did, on January 17, 1979, considered the application and recommended approval of the Detailed Submission and Final Plat, with the conditions of General Submission approval being satisfied as follows: 1. The issue of noise impact has been addressed by the Planning Office locating an avigation easmient granted by John McBride for himself and his successors and assigns. The area involved Sn the easemont is the entirety of the Airport Business Center inc)uding the lot occupSed by Rocky Mountain Natural Gas Company Inc. 2. The State Mater Engineer asked for a letter from the Mater District confim~i ng their ability to serve the project. A letter from Jim Markalunas of the Aspen Mater District was receSved so indicating, but also noting that water storage would be needed in the future. This project was thought to have an incremental effect on that need. 3. An agreement providing for the price restrictions on the employee - units has been drafted tin~ou9h the cooperation of Mark Danielsen, Fbusing Director and RocKy Mountain Natural Gas Company Inc.'s attorney, Check Stoddard. A copy i; attached hereto. ';: '~ and, MHEREfS, the Board of County Commissioners, having considered the comoents of the Planning Offfce> Planning and Zoning Commission and Housing Director, have determined to approve the GMP and Subdivision application, NOM, THEREFORE, BE IT RESOLYEO by the Board of County Commissioners of Pitkin County. Colorado, that it does hereby grant Rocky ?buntain Natural bas Company Inc. Detailed Submission and Final Plat approval for subdivision. _.APpamred by the Board of County Comaissfoners of Pitkin County, Colorado, „. __: ~;-al ~1s'; 1ai`weetiig held ~~hYG ~,4'll lai , 1979. ~: ~ ~ I~ ~, ; ~ ~~~' ~ r. ~ ~ ~' THE BOARD OF COUNTY COMMISSIONERS _. •'y"i. f•. ~'/,' ~~.~~. OF PITKIN COUNTY. COLORADO ~n~ ,and .Recorder .. . ~:pC /~IIED A~ l fAS 7J1 FORM: BY ~" 1r' v~ _ ... .t .. I-P ~ ~ tF ~ _ RECEPTIONA: 543503, 10/24/2007 at 09:58:22 AM, 1 OF 5, R $26.00 DF $236.07 Janice K. Voa Caudill, Pitkin County, CO ~~~ ~ ~~~~ ~~~ ~ u ~~~~~~~~~ ~ ~ ~~ ~~~ ~ ~~~ SPECIAL WARRANTY DEED TIDS DEED, Metle m [hie day of Ocrober 10 2007 between AEP FAFDLY, ILV, A COLORADO LAIiTID LUIBILI'TY I]MITFD PARTP(fiRSHIP of the Canty o1 end State of COLORADO Grentor(q, end BALFNTINE HOLDINGS, L.L.C., A COLORADO LDdITED LIABB.II'Y COMPANY STATE DOCUMENTARY FEE Date: October 10, 2007 S 236.07 whoa legal address Is : PO HOX 11765 ASPEN C081612 of the Coonty end Gtete of CO , 04 the xranta(s): WITi9CS9, The[ Me Grantor, for erd in emideretim of the sun of ( 52,360,660.00 > see Two Millba 7hrce Humdrd Siuy Tbmsevd Six Huodrai Silty end 00/700 ere IIOLLAR6 the rettipt and sufficiency of which is hereby ackrovledged, hex granted, barpelnM, coltl end conveyed, erd M thus presm[a tloa pmt, bargain, se LL, convey aM coMirm alto the 6ranta(s), their heirs end asigrc forever, all tlyd real property, together with {eprovesvniv, if erry, cltate, lying and beire in the CwartY of PITKIN erd State of Colorado, dacrfbed as fol laws: IAT 2, 3, ASPEN AIRPORT BUSBJFSS CENTER, FIflNG NO. 1 AS SNOPYN ON AMENDED AND RESTATED PLAT OP THE AHtPORT BUSINESS CENTER FB.PIG NO. 1 RECORDED APRIL 16, 1979 Dl PLAT BOOK 7 AT PAGfi 79. COUNTY OF PITKIN. STATE OF COIARADO. oleo knm ae street rvaber 113 AND 30( ASPBN AIRPORT BUSINESS CENTFiR ASPEN CO 81611 TY)(:ETHER vi th ell erd ei:muler aM heretli[mnta eM eppurter,mica thereuHO Mlorminp, or in arryuiu eppertainirm and the rewreion erd reversion, rmiMer eM rmiMere, rents, iuues and profits thereof; erd ell the estate, right title interest, slain erd dmrd vheboever of the Grentor(U, either in lev or equity, of, in and to the above WrPinetl premises, WM the hereditmMS and appurtenncea; TO HAVE AND I'O HOLD the seitl praises above bergeirred and described Wth eppurtsiwica, unto the Granta(a), their heirs, succeuore end easimre forever. The Grantor, for Itself, Its cuuasore entl seaign, does covaent, erd spree [hat it Mell end viii YAMMNT AMD FOREVER DEPEAO the above-bargeirctl praises in the quiet erd peeceabfe possession of the Grantee(s), their hei re, wcceswra end assimn, epeint ell end every person or person claieirm the whole or any pert thereof, by, thraph or ceder the Grantor(s). racm oemac area arm uuamre ree >u rase rosy avo auasxxmm rmua arm spasm w awau rrm as ea raa a aunz7 •a• aatfraw asssm am tAtweoeara seam. the Grantor(s) hm exeeu[d this datl an the date set forth above. SEE ATTACHED SIGNATURE PAGE by GTATE OP COLORADO ) )es. Canty of PITI@1 ) The foregoiro Intrunent vas acknaledged before ro on this day of October IO 2007 , Ny emission expi ree Yitnsa my herd end off iciel seal. Notsry Pillic Nm srd AtlMess of Person Cra[ire Newly Crated Legal Description (38-33-106.3-, C.R.S.1 Yha Recorded Return to: MALEMTINE MOLDINGS; L.L.C., A Wf.011AD0 LIMITED LIAMILIiT COMPANY Eecrast x62000932 Po MDII 11765 ASPaI, CO 81612 Titld x62000952 form 632 01/77/03 SPEC.VD.OPEM Y6RRAYTY DEED (Photogrephic•Open) 653387) Q~~~J37 RECEPTIONM: 543503, 10/24/2007 at 09:58:22 AM, 2 OF 5, Janice K. Voa Caudill, Pitkin County, CO ' 333 AnD 304 ASPSN AIRPORT 8H82Na93 CAi•1'aR ASPB70 CD 83623 ASP PAxILY, LLLP, A CY)LORADO L3xITSD LIABILITY LffiITID PARTNBRBBZP _ -~ ARTHUR O. PPIBTSR TRUST, OENSRAL'PARTNaR eY ANDRSW V. 8aC8T, TR UBTSB SLZZABaTH 8. PPSSTPR TRUST, O~°~*- PARTfnfR HY Al~IDR1SH v. xacaT, TRHSIaa ~~ THE 3990 CDP TRUST, USNSRAL PARTHAR BY ANDR877 V. xa®T, TRUSTSa ~~ THa 3990 DPfP TRUST, OSNSRAL PARTxaR BY ANDREW V. xSCHT, TRU8TS8 ~- _ ~~TAB 3990 8aP TRUeT, OSNSRAL PARTNER BY ANDREW V. HSC9T, TRasasa STATE OF COLORADO ) )ss. COUNTY OF 1 n ) The foregoing instrument was aclarowledged before me on this day of (_~}~,~ (S~, 2007 by: ANDREW V. HECHT, TRUSTEE OF THE ARTHUR O. PFISTER TRUST, ELIZABETH A. PFISTER TRUST, THE 1990 CDP TRUST, THE 1990 NMP TRUST, AND THE 1990 SEP TRUST. Witness my hand and seal. iww,p My commission expires: I D 7 ~ IO b,~'qY ~O>~ ~ : NOTAR ~»+_.. '~'•,pUBL1C N Y PU L C 9~~F ~~~~ ' ~~~1338 RECEPTIONN: 543503, 10/24/2007 at 09:58:22 AM, 3 OF 5, Janice K. Voa Caudill, Pitkin County, CO E7~[T "A" 1 of 3 RIGHT OP PROPRIETOR OP A VBIN OR LODB TO EXTRACT AND REMOVE HIS ORE TFEiREPROM SHOULD THE SAME RE FOUND TO PENETRATE OR 1N1'ERSPAT THE PREMISES AS RESERVID IN UNTIED STATES PATENT RECORDED MARCH 16, 1923 IN BOOK 55 AT PAGB 570, RECORDED DECB1dBER 1, 1955IN BOOK 180 AT PAGE 579 AND RC TUNE 2, 1944 BOOK 167 AT PAG8561. RIGHT OP WAY POR DITCITE.S OR CANALS CONSTRUCTED BY THE AUTHORITY OP THE UMTED STATES AS RESBRVID IN UNITED STATES PATENT RECORDED DECEbffiER 01, 1955, IN BOOK 180 AT PAGH 579. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A PORFHTURB OR REVERTER CLAUSH, AS CONTAINED IN INSTRUhffidT RECORDED 7UNE 17, 1971, IN BOOK 255 AT PAGE 916 AND AS AMENDFA IN INSTRUMENT RECORDED OCTOBP.R 23, 1974, IN BOOK 292 AT PAGH 502. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT WITH CITY OP ASPEN RECORDED DECEMBER 8, 1969 IN HOOK 244 AT PAGH 683. TERMS, CONDITIONS AND PROVISIONS OF GRANT POR SEWER EASEMENT RECORDED Ia~ary 11, 1971 IN BOOK 253 AT PAGE 50. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT GRANTED TO MOUNTAIN STATES TELEPHONE RECORDED JANUARY Il, 1971 IN BOOR 253 AT PAGH 61. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION RECORDID Aoguat 26, 1974 IN BOOK 290 AT PAGH 510. TERMS, CONDITIONS AND PROVIAONS OP RESOLUTION M76-86 RECORDED Juty 2~, 1976IN BOOR 314 AT PAGE 583. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTION AND AGRBEMBNT RECORDID Pebnuty 25, 1980IN BOOK 364 AT PAGE 144 AND RECORDED 224, 1980IN HOOK 384 AND AT PAG8145, TERMS, CONDITIONS AND PROVISIONS OP CONSENT AGREEMENT TO AMPNDED AND Q~~i~33~ RECEPTIONR: 543503, 10/24/2007 at 09:58:22 AM, 4 OF 5, Janice K. Voa Caudill, Pit3cin County, CO EX~TT "A" 2 of 3 RESTATED PLAT RECORDED Apri116, 1979IN BOOR 366 AT PAGE fi27 AND RECORDED NOVEMBER 26, 1979IN BOOK 379 AT PAGE 772. TERMS, CONDITIONS AND PROVISIONS OP ORDINANCE 894-04 RECORDED April 07, 1994IN BOOK 746 AT PAGE 851 UNDER RECEPTION NO. 368714. TERMS, CONDITTONS AND PROVISIONS OP RESOLUTION MJ4d2 RECORDED April 07, 1994IN BOOK 746 AT PAGE 653 UNDER RECEPTION NO.368715 AND RE-RECORDED AUGUST 31, I994IN BOOK 760 AT PAGE 22 UNDER RECEPTION NO. 373721. TERMS, CONDTTIONS AND PROVLSIONS OF ORDINANCE k94-07 RECORDED April 27, 1994 IN HOOK 748 AT PAGE 837 UNDBR RECEPTION NO. 369454. TERMS, CONDTTIONS AND PROVISIONS OF OCCUPANCY DPPn RESTRIC170N RECORDED Daxmber 06, 1994 IN BOOR 768 AT PAGE 784 UNDER RECEPTTON NO. 376975. TERMS, CONDTTIONS AND PROVISIONS OP RESOLUTION A112-2000 RECORDED Ang~wt 24, 2000 AT RECEPTION NO. 446366. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION q78-13 RECORDED Inly 21. 20D3 AT RECEPTION NO. 485672. TffiIMS, CONDIPIONS AND PROVISIONS OP RESOLUTTON N089-2004 RECORDED October 26, 2004 AT RECEPTION NO. 503507. TERMS, CONDITIONS AND PROVISIONS OP RESOLUTTON Y145-2006 RECORDID December 29, 2006 AT RECEPTION NO. 532615. TERMS, CONDITIONS AND PROVISIONS OP MEMORANDDM OP AGREEMENT RECORDED Jme 22, 2005 AT RECEPTION NO. 511529. AN EASEMENT POR TIIB UN0BSIRUCCID PASSAGE OP ALL AEtCAAPT IN ALL AIR SPACE ABOVE SURFACB OP SOBE3Cf PROPERTY TO AN INFINITE EE[GHT. AND ~~~~~~i~ RECEPTIONM: 543503, 10/24/2007 at 09:58:22 AM, 5 OF 5, Janice K. Voa Caudill, Pitkin County, CO ERHINPf "A" 3 of 3 W CIDENTAL PURPOSES AND EFFECTS TIIDiFAP, AS GRANTID TO THH COUNTY OP PITKIN, STATE OF COLORADO, RECORDID AUG 20, I974IN BOOK 290 AT PAGE 373. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SBT PORTH ON THE PLAT OF SUBJECT PROPERTY RPCORDID MARCH 2, 1971 IN PLAT HOOK 4 AT PAGE 188 AND RECORDED APRII. 16, 1979 IN PLAT BOOK 7 AT PAGE 79. EASEMENTS, RIGHTS OF WAY, TERMS AND CONDITIONS AS DISCLOSED ON COMMERCIAL GMQS EXHIdPT1ON POR LOT 2, BLOCK 3 OP THE ASPEN AD2PORT BUSA'ffiS CENTER RECORDID MARCH 20, ]998IN PLAT BOOK 44 AT PAGE 64. EXISTING LEASES AND TENANCUS, IP ANY. ANY BOUNDARY DISCREPANCY DUE TO TIBE LOCATTON OP FENCE LINPS AND THE EFFECf OP ANY RIGHT, TITLE OR QdTERF.S'f THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. t~t;~~~41 >. Recorded yt 9t51 e.m. Feb Z5. 1980 Lo re [[a Banner Recorder Recep[lon No: ' 222100 9:r~3~4 ;~t245 AGREEMENT ~(~~~ • ~. TNIS AGREEMENT, made and entered tnto this/~ day of 19~ by and between THE BOARD OF COUNTY CQMIISSIONERS OF PITKIN COUNTY, COLORADO, herein called "County", and ROCKY MOUNTAIN NATURAL GAS LO., INC., a Colorado corporation, herein called "RNNG", p,0, gox 700, Glenwood Springs, CO 81601. ' HITNESSET N: NHEREAS, RMNG desires to construct two 2-bedroan and two 3-bedroom apartments above its warehouse at the Aspen Airport Business Center to house its enPloyees and has filed for and met ail requirements for subdivision aDProval thereof subject only to canplying with and agreeing to be bound by the Pitkin County Growth Management Nousing Price Guide lines for permanent and moderate housing: NON, THEREFORE, for and in consideration of the County's approval of RNNG's subdivision application for said apartments and authority to proceed wfth construction thereof, RMNG, without prejudice to its rights under the law, agrees to rent said apartments to its employees, or, at its option, other employees of the area as defined by the Pitkin County Housing Authority pennarient and moderate housing qualification criteria, having gross annual salaries in the low or moderate income level as defined by and in accordance xith the County Growth Management Housing Price Guide Lines for permanent and moderate housing, as adjusted annually on or before April 1 of each Year, as adjusted annually on or before April 75th of each year, based on the change over the preceding 12 months fn the U.S. Consumer Price Index for Housfng - Rent Residential subsection for wage earners and clerical workers for the U.S. city average which uses 7967 as the base (100%) year; provided that RMNG shall not be required to violate any State or Federal law in conplying therewith. .: - If RMN6 rents said aparbtents to ettgt7oyees outer than its own, it shall first obtain approval of the Pitkin County Nousing Authority. RMNG agrees such apartments shall trot be converted to wrdmainiuis. ~ ' IN NITMESS IRIEREOF, the par~t~e5 ~haYe•s"eta Aeir hands and seals the day and year first-above written: ,,: ~ d •. := i ~: r ts: rls .~ An THE,80ARD OF COUNTY COIMISSI01ffRS ~ Of;~ITKIN COUNTY. COLORADD . ATTEST: `:..~', :, " ~ ~ . ._ ~ 11,: ~ - gY €a - 1 Recorder ........~ ~ ~ r Cho ;'S r •. 7~ ~R'hFPn it v F., ... .. ,... . ~ ... .. :., r. ... ~I .. r`:a'~~, ;;~ATT~S:C~~~~L E:~^. ... t.. ..~~, S, QreL 1 $~e'Ei~ Parsons ~'CI C~!'.` . srus384 ru.T14G ROCKY MOUNTAIN NATURAL 6A ~C0.. INC. 7 p By r s ent Orville b. Shockley, Preside t !; U ~J J L \r" ' •~ `'u' W ,fit "-. .r..:..n.:...t~ .» •wL :G ... Z .. 1.... Y:.9?r Recorded at 9:50 a.m. Feb 25, 1980 Loretta Banner Recorder Rrce C1onNO: P :~.~~: . zzzoss RESOLUTION OF THE BOARD OF CWNTY CDMNISS IONENS OF PITKIN COUNTY, COLORADO, GRANTING DETAILED SUBMISSION AND FINAL PLAT APPROYAL TO ROCKY MOUNTAIN NATURAL GAS COMPANY INC. Resolution No. 79-~ >:,I:~ 3~4 Il~<144 NHEREAS, Rocky Mountain Natural Gas Company Inc. has made application for GMP and subdivision approval to locate .four employee units in a second story to their extsti ng building at the Ariport Bu5l ness Lenter, and the Board of County Cemnissioners of Pitkin County, Colorado, on January 8, 1979, wnsi der the application and approved the General Sutmi ssiod, subject to certain conditions, and NNEREAS, the Planning and Zoning Cammi ssion did, on January 17, 7979, considered the application and recommended aDProval of the Detailed Submission and Final Plat, xith the conditions of General Submission approval being satisfied as follows: The issue of noise impact has been addressed 6y the Planning Office locating an avigation easenent granted by John McBride for himself and his successors and assigns. The area involved in the easenent is the entirety of the Airport Business Center including the lot occupied by Rocky Mountain Natural Gas Company Inc. The State Mater Er:gineer asked for a letter from the Mater District confirming their ability to serve the project. A letter frme Jim Markalunas of the Aspen Hater District was received so indicating, but also noting that water storage would be needed in the future. This project was thought to have an increnental effect on that need. An agreement providing for the price restriction; on the employee units has been drafted through the cwperation of Mark Danielsen, Housing Director and Rocky Mountain Natural Gas Cornpagy Inc.'s attorney, Cheek Stoddard. A copy i; attached hereto. NHEREAS, the Board of County Commissioners, having considered the cowments of the Planning Office, Planning and Zoning Commission and Housing Director, have determined to approve the GMP and Subdivision applieation, NON. THEREFORE, BE IT RESOLVED by the Board of County Cvmmt ssioners of Pitkin County, Colorado, that it does hereby grant Rocky ibuntain Natural bas Coaparly Inc. Detailed Submission arrd final Plat approval for subdivision. ove6 by the Board of County Camraissioners of Pitkin County, Colorado, rr95`weeti held f~hY[T r9.l'LI lai 1979. r •. r.~~rj- THE BOARD OF COUNTY COMMISSIONERS P COUNTY 0 ORADO ~~lkl~ 'll5 TSI FORM: OF ITKIN , C L By `, r., a n '-S: r~i: :y r ,~i . ~ Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search ~ Assessor Subset Query ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail ~ Value Detail ~ Sales Detail ~ Residential/Commercial Improvement Detail Land. Detail ~ Photographs Tax Area Account Number Parcel Number 2009 Mi11 Levy 008 R016582 264334403344 Owner Name and Address BALLENTINE HOLDINGS LLC PO BOX 11765 ASPEN, CO 81612 Legal Description ~~Subdivision: ASPEN AIRPORT BUSINESS CENTER Block: 3 Lot: 2 ~~ Location Physical Address: 113 AABC ASPEN Subdivision: ASPEN AIRPORT BUSINESS CENTER Land Acres: 0 Land Sq Ft: 41,942 2009 Property Tax Valuation Information Ct~) ~aJ Actual Value Assessed Value Land: 1,468,000 333,060 Improvements: 2,068,200 517,350 Total: 3,536,200 850,410 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbei=R016582&CallFrom=... 2/11 /2010 Parcel Detail Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 2 Buildings: Residential Building Occurrence 0 Characteristics 2ND FLOOR: 3,300 Total Heated Area: 3,300 Property Class: ~- SINGLE FAM RES- IMPROVEMEN Actual Year Built: 1970 Effective Year Built: 1985 Bedrooms: 0 Baths: 0 Quality of Construction: AVERT 11 Exterior Wall: CONC BLOCK Interior Wall: DRYWALL Floor: CARPET Heat Type: FORCED AIR Heating Fuel: GAS Roof Cover: BUILT-UP Roof Structure: FLAT Neighborhood: ASPEN AIRPORT BUSINESS CENTER Super Nbad: 3031 Commercial/Industrial Buildin g Occurrence 0 Characteristics MERCH FIRST FLOOR: 4,100 Total Area: 4,100 Property Class: MERCHANDISING- IMPROVEMENT Actual Year Built: 1970 Effective Year Built: 1985 Quality of Construction: AVERAGE Page 2 of 3 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R016582&Ca1lFrom=... 2/11 /2010 Parcel Detail Exterior Wall: I IAVERAGE Interior Wall: AVERAGE Neighborhood: ASPEN AIRPORT BUSINESS CENTER Tax Information Balance Due as of 2/4/2010 $9,019.02 Current Year Balance Due $0.00 Delinquent Years' Balance Due $9,019.02 Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 $18,038.04 2008 2009 $16,396.80 2007 2008 $15,720.76 2006 2007 $15,510.36 2005 2006 $14,758.76 "I'op of Page Assessor Database Search Options ~ Treasurer Database Search Options Pitkin County Home Page Page 3 of 3 The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright ©2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. 1~1~'i1~~x7 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R0165 82&CallFrom=... 2/11 /2010 RECE PTIONN: 543504, 10/29/2007 at 09:58:23 AM, 1 OF 7 Janice K. Vos Caudill, Pi tkin County, CO RECORDATION REQUESTED BV: Alpba Bank, A Cebretlo BeMirg Carporstlon Alpine Bsnk Asgn 800 Eaet Hopkins, Suhe 001 Aagn, CO 81811 WHEN RECORDED MAIL T0: Akaq Bsnh 900 Jth 6hset SoIM RMe. CO 81850 R $36.00 SEND TAX NOTICES TO: BALENTINE XOLDING8, LLC, A COLORADO LIMITED LIABILITY COMPANY PO BOX 11646 t F DEED OF TRUST ((Vt ~' V,n nVn-~ V V MAXIMUM PRINCIPAL AMOVNT aEpURED. The Lien of this peed of Trust shell not excaetl et any one time 62,950,000.00 except as allowed uMer applicable Coloratlo law. THIS DEED OF TRUST is dated October 12, 2007, sarong BALENTINE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY 1"Grantor'1: Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Aspen, 600 Eeat Hopkins. Suite 001, Aspen, CO 81611 (referred to below sometimes ea "Lender" and sometimes ae "Beneficiary"1; end the Public Trustee of PITKIN County, Colorado (referred to bebw ea "Trustee"1• CONVEYANCE AND GRANT. For vhkrobls cogkerstlon. Gremor Mreby knvxWly gron4, irMafera arq eseiBq to Troche far 1M Mnefa W leMer n BenellolerY ell of Grantor's right. IMe, aM Interest in end to the following described reel pmgrty, together wiN ell sxis[irg or aubeequently erected or affixed builtlirpa, Improvements end fixtures; ell easements, rights of way, end spgrtanencea; all water, water right[ and ditch rights Ilnclutlinp stock In utililiea with tlitch or irrigation rlBMal: entl ell other rights, royalties, entl profib relating to [ha real property, indutliitg without limittion ell minerals, oil, Bea, geothermal end similar matters, (the "Real Property') located in PITKIN County, State of Colorado; L07 2, BLOCK 3, ASPEN AIRPORT BU91NE38 CENTER, FILING NO. 1 AS SHOWN ON AMENDED AND RESTATED PLAT OF THE AIRPORT BUSINESS CENTER, FILING NO. 1 RECORDED APRIL i6, 1979 IN PLAT BOOK 7 AT PAGE 79. COUNTY OF PITKIN, STATE OF COLORADO The Real Property or its address is commonly known ae 113 AND 304 ASPEN AIRPORT BUSINESS CENTER, ASPEN, CO 81611. CRO35-COLLATERALDATION. In a0ditipn to the Nate, this Deed PI Trvs[ secures ell pbligatlpnc, debts and Ilebllitlea, Dlus interest thereon, of Grantor to Lentler, ar any one or more of them, es well ae ell dolma by Lentler against Grantor or any one or more of them, whether now existing or hereaher eriainB• whether related or unrelated tP the grgae of the No[e, whether voluntary or otherwise, whether tlue or no[ due, direct or intlirect, determined or untlerormig4 absolute or continBem, liqugated or unliquidetetl, whether Grenror may ba liable iMividuelly or loin[ly with others, whether ablgated es guarantor, surety, accommotletion party or otherwise, eM whether mcavery uqn such amounts may be or hereaher may become barred by any etatuto of limitations, erq whether the obligation to repay such emounu may be or hereafter may become otherwise uneniorceeble. Gremor presently esaigns to Lander leleo krown as Sagficlery in this Oeetl of Truatl ell of Granor's righ4 title, entl interest in end to ell present entl forum leases of the Progrty entl ell Rents from the Progrty. In etlartion, Grantor grenro m Larder a Uniform Commercial Code security in[arost in [he Personal Property entl Rents. THIS DEED OF TRUST. INCLUDIND THE ASSIGNMENT OF RENTS AND THE SECURDY INTESEBT IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY ANO ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUBi IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except ac otherwise WoWtlatl in this Deed of Trwt, Grantor shell qy to Lentler ell amounts eecuretl by this Deetl of Trust as they become due, aM shell strictly aM in a timely manner grlorm ell of Gantor's obllgetione antler tie Note, this Deetl of boat, erd the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possasalon aM use of the Progrry shall ba governed by [M following provisions: Pganaim entl Uss. Until the occurrence of an Event of Dafaulq Granter may 111 remain In g96eesipn end control of the Progrty; 121 use, agate or menage the Progny; end 131 collect the Renn from the Property. Duty to Malmeln. Grantor shell malnroin the Property in tenentabla contlitlon and promptly Partorm all repairs, replacemenu, and maintenance necessary to preserve ire value. CompDNtce Whh Envbganentd Laws. Grantor mpracan[s aM warrants to Lender [het: 111 During the grind of Grantor's ownership of the ProgrtY, there hea been no uea, generation, manufacture, emrege, treatment diegcsl, releeea or threetenetl release of any Mezartlom Subatanca by any greon on, under, about or tram [ha Property: 121 Grantor has no knowledge of, or reason to believe that [here has been, except as prevbusly diecloaetl to aM acknowbdged by Lender in writing, lei any breech or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, Vestment, disposal, releeea or threetenetl release of any Hazardous Substance on, under, about or from the Progrty by any prior owners or occupema of the Progrry, or Id any actual or threaronetl litigation pr claims of any kintl by any greon relating to such matter[; end 131 Exgpt es previously Oladoaed to and ecknpwletlged by Lender in wrlling, lei neither Grantor qr any tenenq contractor, egeni or other euthorizatl user of the Progrry shall use, generate, manufacture, store, treat. tliegee of or release any Hazardous Substance on, uMer, about or tram the Progrty: and Ibl any such activity shell be conductetl in compliance with all applicable te0eml, state, entl local laws, reguletiona end ordinances, inclWing without limitation ell Environmental Lewa. Grantor authorizes lender end ire agents to enter upon the Property to make such Inagctions and recta, e[ Grantor's ez0enea, ae Lender may deem appropriate to determine compliance of the Progrty watt Lhls section of the Deatl of Trust Any inapactiona or testa made by Lander shall by for LaMer's purgsea only and shall not be cone[rued to create enY recgneibility or liability on the pen of Lender to Gmntar or to enY other Dareon. The reprosan[etioq and werrantief containetl hamin era baeetl on Grantor's due tliligence in inveetiBetirg the Progrty for Mazartlous Subatencea, Grantor teraby 111 releases and waives enY future claims against Lerdar for irdemnity or contribution In the event Grantor becomes liable for cleanup or other cWb antler any such Iowa; end 121 agrees to iMemnily, Ci~1J~t8 RECEPTIONS: SG3509, 10/24/2007 at 09:58:23 AM, 2 OF 7, Janice K. Vos Caudill, Pi tkin County, CO DEED OF TRUST Login Na: 0260409601 (Continued) Fege z detentl, eM holtl harmless Lentlar sgeinat any entl ell claims, Imsea, Ilabilltias, tlamagea, peneltlts, and azpamas which Lender may dirsctlY or intlirec[ly sustain or suffer reeuhing hom a breach of this section of the Deed of Trust or ea a consequence of any use, generation, manutecture, storage, disposal, release or [hreetenetl relaeee occurrirq prior to Grontoi s ownership or Interest in the Property, whe[fler or not rho same wee or should have been known to Grantor. The provisions of thin section of the Deed of Trust, inclutling the obligation ro intlemniry and tletentl, shall survive the peymant of the Intlebtetlness one the satisfaction en0 reconveyence Of the Ikn of thin Deetl of Trust entl shall not be effected by Lender's acquisition of any Interest in the Property, wM[her by forecbsure or otherwise. NWeenca. Wnb. Grantor shall not cause, coMuct or Dermit any nuisance nor commit, permit, or suffer any atrip0ing of or waste on or to the Property or any portion of the Property. WitMut limiting the genarelitY of [he foregoing, Grantor will no[ remove, or gran[ to any other parry [ha rpht to remove, any timber, minerals )inclutling oil entl Beal, coal, clay, scoria, soil, gravel or rock products without LeMar's prior written consent. flempvel of Improwmems. Grantor shell not tlamollsh Or remove any Improvements hom the float Property without Lender's prior written cOneent. An a condition to the removal of arty Improvements, Lentlar may require Grantor to make arrongementa satisfactory to Lentlar to replete ouch Impravementa with ImOrovemenre of e[ least equal value. Lender's RIEM tq Error. Leneer end Lender's egenb entl repreaenbtivee may enter upon the Reel Property et all reeaonebly times to etteM ro Lender's interests entl to inspect the Reel Property for WrDOaea of Grantor's compliance wI[h [he terms entl conditions of [hie Geed of Trust. Compaence wYN GovernmenW RspaMmsms. Grantor shell promptly comply with all laws, ortlinances, end regulations, now or hereeher in ehacq of all governmental authorities applicable to the use or occupancy of the Property, inclWing without limitetbn, the Americans With Disabilities Act. Grantor may contact in gootl faith any such law, ortlinance, or regulation end wl[hhole compliance Ouriig any proceeding, inclWiig appropriate appeals, ao long es Gremor has nodtiee Lender in writing prior to eoing so entl eo long as, In Lender's tale o0inion, Lantler'c intereab in [he Property ere not le0pardizetl. Lentlar may require Grantor to poet adequate security or a aurery bone, reeaonebly satisfactory to Lentlar, to protect Lentlei a Inbreat. Duty to ProMm. Grantor agrees neither to abandon or lesve unatbMetl the Properry. Grantor shell do ell other ecb, in addition to [hose acb set forth above in Nla section, which from thy character one use of the Property era reasonably necessary to protect ark preserve the Property. OVE GN 9ALE -CONSENT SY LENDER. Lentlm may, et Lentlar'a option, tleclare immatlietely sue end Deyable ell soma aecuretl by [his Deetl of Trust upon the oak Or transfer, without Lantler'e Drior written content of ell ar any part of [he Real Property, or any Interest in [hs Real Property. A "sale or transfer" means the convaYence Of Real PrOpyrty or anY right, [i[la or Interest in [he Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary: whether by outright eels, Bead, installment eels contract, land contract contact br deM, leasehok Interest with a term greeter than three 131 years, lease-option contract, or by sale, eesignmen6 Or tanater of any benyllcial interest in or co any lend Iruat holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Gren[or is a corporatipn, partnership or limitetl (lability com0eny, transfer also hwlueea any change in ownerefJp of more then twenty-live percent 125%I of the voting stock, pertnerehip interests or IlmitM liability cemparry interests, ee the case may be, of each Granter. However [his option shall no[ be exercised by Lender ii ouch exercise is prohibibe by federal law or by Colomtla law. TAXES AND LIENS. The following provisions relating to the lazes one liana on [he Property ere part of this Deed of Trust: Peym.m. Grantor shall pay when ew land In ell aventa prior to delinquency) ell fazes, special texas, eeaesamenta, chergea )including water entl aewerl, fines entl impoaitiona leviae against Or on ecwunt of the Property, end shell pay when sue all claims for work tlone on or for aervicea rentlaratl or material furnished [o the Property. Grantor shell maintain the Property free of all liana having priority over or equal t0 tfw interest of Lender antler thin Deetl of Truap ezcept for the Ilan of tazae end aasesamen[a not tlua and except es otherwise provitleO In [hb Deetl of Trust. Right b Comast. Grantor may withhOM peYmem of any tax, essaeamant, or claim in connection with a gootl faith dispute over the obligation to pay, ao lorq as Lentler'a interest in the Properry is rot leopardizetl. If a Ilan arises or is flletl e9 a reaub of nonpeymenq Grantor shell within fikeen 1151 deye char the Iron adagio or, it a lien in Hletl, within fifteen 1151 tleys akar Grantor Ma notice of the filing, secure the discherga of the lien, or if requealetl by Lantler, deposit with Lander cash ar a aufficiant corporate aurery boM or other aecudry eaddectory [o Lentlar in en amount aufficiant ro tliacherge [he lien plea any costa end ettorneye' Fees, or ether chergea that coultl accrue ea a moult Of a foreclgaure or Bale antler the lien. In any contest. Grantor shall tlefeM Itsell and Lantler entl shell ea[lary any etlvarea IMgment baron enforcement against the Property. Grantor shall name Lander es an additional obliges antler any emery bone lurniahatl In the contest proceatlinge. Evidence of Peymem. Gremor shall upon tlementl famish ro Lentlar eetiafeetory avitlence of payment at the bxea or saaesamen[s entl shall authorize the appropriate governmental oHiciel to eeliver to Lender at any time a written atetement of the [azea ant eeaesamenta against the Property. Notlos of Comhuotbn. Grantor ehBll notify Lantler et least fifteen 1161 deye before any work ie commenced, any aervicea ere hrnlahed, or any mabrlels are eupplle0 t0 [he Property, it anV mechanic's lien, meterialmen's lien, Or other lion could ba eeaertee ant of the work, services, or matadele, Grantor will upon raqueat of Lender lurnieh to Lander etlvence eeaurancea eatiefactpry to Lelker (het Grantor ten end will pay the coal of such improvements. PROPERTY DAMAGE INSURANCE. The lollOwinp provisions rotating to ineurinB the Property are a part at thle Oeed al Trust. Maansnence of Insurama. Grantor shell procure and melntain policies of fire inaprence with abnderd extended coverage entlorsemema on a replacement basis for [ha toll inaurebta value covering ell Improvements On the Reel Property in an amount auHiciem to eveid e0plbetlon of any coinsurance clause, end with a atsntlertl mortgagee clause in favor of Lender. Granmr shell also procure entl maintain cOmOrahenaive gergml liability insurance in such cOVarega emounb as Lelker may request with Trustee entl Lender baing named at atltlitionel ineureda {n ouch Ileouity ineurence policies. Atlditionally, Grantor shall maintain such other insurance, Including but no[limited ro hazertl, businev imerruption, and Doiler insurance, ae Lantler may reeaonebly require. Policies shell be wrinen in form, emounb, coverages eM basis reeaonebly eccep[eble to Lantler eM iaeued by a company or companies reeaonebly accepbble to LeMer. Grantor, upon roquest of Lantler, will deliver to Leneer Irom time to time tM policies or certificstse of ineurence in form sa[ishctory to Lentlar, inclutling eti0uletone that cOVeregm will Ira[ be cancelled or diminished without at best tan 1101 tleys prior written notice to Lantler Eech Insurance policy also shall inclutle an entlObement provitling that coverage in favor 0/ Lentlar will not be impairetl in any way by any ec6 omission or eafaul[ of Grantor or arty other person. ghoultl the Real Property be located in en arse designated by the Director O1 [ha Federal Emergency Management Agency ea a eDeclel goM hezertl eras. Grantor egraee to obtain end maintain fretlarel Flootl Insurance, if available, for the full unpaid principal balance of [he ban one any prior lien on the property securing the ban, up [o the maximum polity Ilmlb ae[ antler the NaMnal Flootl Insurance Program, or ea mherwlae requiratl by Leneer, and to maintain ouch insurance for the term of the ben. Applketlpn of Proceeds. Granmr shall promptly rrotify Lender of any lose or damage t0 the Ropepy. LeMer may make proof of bss if Grantor toile to do ao within fihean It 5) tleys of [he casualty. Whether or not Lender's security ie impeirad lender may, at Lentler'e election, receive entl rebin the proc6etla of anV ineurence entl apply the Droceeea [o the re0uction of the IntlebtMnev, payment of any lien affachng the Properry, or [M restoration end repair of the Property. If Lender starts to apply the proceetle t0 reatondon ant repair, Gremor shell repair or replace the tlameged or tlectroyetl Improvements in a manner aetlafactory [o Lyntlar. LeMer shall, upon aa[islactory proof of such ezpentli[ure, pay or reimburse Grantor tram the proceeds for the maeoneble coat of repair or restoration if Grantor is not in default uMer this Deetl of Trust Any proceeds which have not been OlabureM within 180 days sker [heir receipt and which Lender has no[ commi[tetl t0 the repair or resoration of the ®~~1~~x9 RECEPTION#: 543504, 10/24/2007 at 09:58:23 AM, 3 OF 7, Janice K. Vos Caudill, Pi tkin County, CO DEED OF TRUST Loan No: 0280409601 (ContiRUed) Pege 3 PrppartY shell be used first to pay any emoun[owing to LeMer under [hie Deetl o/ Truaq then to pay accrued interest. eM [ha remainder, if any, shell be applied to the pdncipel balance of the Indebtedness. It Lentler holtla any procaetla char payment in lull of [he IMebtatlneae, such proceMe sM1ell Da geld to Grantor ee Grantor's interests may appear. Grsmor'a Report an Inaorancs. Upon request of Lentler however not mare than once a year. Grantor shall furnish to Lender e report on each existing policy of insurance showing: I f l the name of the insurer; 12) the risks iromed 131 the amount of the policy; 141 the property insured IM then current replacement value of such property end the manner of tlemrmining that value; entl 151 [ha expiration tlete pf [he policy. Grantor shell, upon request of lantler, have an intlependan[ appraiser satisfactory to Lender determine the cash value replacement coat of tM1a Property. IENDEWS EXPENDRURES. If any action or proceetlinB ie commenced that woultl materially affect Lender's interee[ In the Property or ii Grantor fails to comply with any provision of this Deed of Trust or arty Related Documents, including but not IimitM to Grantor's failure to discharge or pay when tlue any amounts Grantor is repaired [o Discharge or pay antler This DeM of Trust or any Related Gocumen[c, Lender on Grantor's behalf may (but shell rat ba obligated tot take any action that LeMer tleame epPropriete, including but not limitetl to tlischsrgin8 or paying all fazes, (lens, eecudry Inroreste, encumbrances end other claims, et any time levied or plecatl on the Roperty entl paying all costa for insuring, meinteinlnB and preserving the PrepeM. All each ezpenditurec incurred or peitl by Lentler for such purposes will then bear Interest at the rate charBetl antler the Nota from the date incunetl ar paid by Lander to the tlatn of repayment by Grenmr. All such expenaea will become a pan of [he IMebtedneae eM, at Lentler'c option, will IAI be payable on demaM; IBI be etltletl to the balance of [he Note entl be apportioned smong and be payable with any installment paymenb [o become tlue during either 111 the term pf any applicabN insurance policy; or 121 tM remelninB term of the Nofe; or ICI M Iraetetl es a balloon payment which will be tlue entl payable et the Note's maNrity. The Dsatl of Trust also will secure payment of theca amwn[e. Such right shall ba in atltlitipn to all other rights entl remMiec tp which Lentler may be entitled upon Default. WARRANTY: DEFENSE OF TRLE. Tha bllowing OroNaione relating to pwrerahip of the Properly are a pert of this Deed of Trust: TMs. Grantor wenenn thec let Grantor Mltla good end merketeble bde pt recoM tp the Property In fee simple, free end clear pf ell Ibne entl encumbrances other then those set forth in [he Reel PropeM tleacriptlon or in any title insurance policy, tide report, or final title opinion icsuetl in favor of and accepted by, Lender In connecgon with this Deed of Trust entl IDI Gmn[or has the Tull right, power, end eutMriry to execute entl deliver this Daed of Trust to LeMer. DeM1rse of TMs. Sublact to the exception in the perogreph above, Grantor warran0 aM will forever dafeM [he title to [he Property against (ha lawful claims of all persona. In the event arty action or procaetling is commancatl that gmatione Grantor's title or the interest of Trustee pr Lender under [his peed of Trust Grantor shall defontl the Acton et Gren[or'e expense. Grantor may ce the nominal party In such proceetlinB• but Lentler shall De en[itletl [o participate in ma proceMing end to De rapreaentatl in the procaetling by counsel of LerMer'e own choice, entl Grantor will deliver, or ceuce to be delivered to LerWar such Instrumenn 85 Lander may request from time to time to permit ouch partidpetion. Compfsnp WfN Lswt. Grantor warrants that [he Property entl Grantor's wa of the Property complies with all eziating applicable laws, or0lnancea, aM regule[ione of gpvernmen[el aulhoritlea. Swivel of Relxesentetlana aM Werrantles. All repreaentetione, warranties, end egreemen[e matle by Grantor in this Deetl of Trust shall survive Ma execution entl tlelivery of this Deetl of Trust, shall be con[InuinB in nature, entl shell remain in full force and effect until such time as Grantor a Indebtedness shall ba peitl in lull. CONDEMNATION. Tha following Proviaione relating to coMemnatlon proceetlinga ere a per[ of this Deetl of Trust: ProcNdusps. It any procaetling in contlemnetion ie filed Grantor shell promptly notify Lender in writing, entl Grantor shell promptly take such stage es may Da neceaeary m tlefentl the action entl obtain the awertl. Grantor may ba Iha nominal party in such proceeding, but LeMer shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of its own choice, entl Grantor will tleliver or cause to be tlaliveratl tq 4ntler each instruments entl documentation a may be requested by Lentler from time tp time to permit ouch participation. AppReaeon of Net Prxestla. Ii ell or any pen of the PrapeM is coMamnetl Dy eminent domain procaetlinga or by any procaetling or purchase in lieu of contlemne[ion, LaMar may et its election inquire that ell or any portion of the net proceetls of the awertl be epplietl to the IMebtatlneaa or the repair or reetpregon of the Property. TM rte[ proceetla of the award shell mean the awertl aher payment of ell reaeoneble costa, ezpenaea, end attorneys' feae incunetl Dy Trustee or Lander in connection with the combmne[ipn. IMPOSRION OF TAXES. FEES AND CHARGES RV GOVERNMENTAL AUTHORITIES. The tcllpwing provisions reledrg to governmental taxes, fees entl charges ere a par[ pi thin Deetl of Trust: Cummt Tazo, Feea end Charges. Upon request by Lender, Grantor shell execute such documents in etldition to this Deetl of Trust and take whatever other action la requested by Lentler to perect entl continue Lentler'e lien on the Reel Property. Grantor shell relmbmse Lender for all texas, ae described below, togetM1er with ell expenses incurred in recording, pertecting or continuing this Geed of Trwq indWiig without limitation ell texas, tees, documentary atempe, entl ether charges for recortling or registering [his Deetl of Trust. Texea. Tha following shell constitute taxes to which thle section sppliee: 111 a spadfic tar upon this type of Dead of Trust or upon ell or arty pert of iM1e meabteanaaa securetl by this Deetl of TruaC f21 a apacillc [sz on Grantor which Grantor Ia authorizM or required to tleduct from paymonts on the Intlebretlneea secured Dy this type of Deetl pf Truer, 131 a tax on thic type of Deed of Trust chargeable against the Lentler or the holtler of the Note; end 141 a specific tax on all or any porton of the Intlabtednesa or on payments of principal aM Interest made by Grantor. Subsequent Tezn. If any [ex to which Iola eactlon applies is enscmtl subaequant ro Iha tle[e pf this Dead of Trust this avant shall have [M some of/act ea an Event of Default and LeMer may ezerciae any or ell of its evsileDle remetliea for en Even[ of Delault es provided Delow unless Grantor either 111 pays the tax before it becomes tlelinquenq or 121 conteete the tax at provided above in the Taxes end Liens section end dapoaite with Lander cash pr a auMicient corporate surety bond or other security satisfactory [o LeMer. SECVRRY AGREEMENT: FlNANCINO STATEMENTS. The followirp provieiona relating to this Deed of Trust as a security agreement are a pert of this Deetl at Trust: Seoudry Agreement. This ina[rument shall comtiture a Security Apreamsm to [hs extant any of the Progeny conetitu[as fixtures, entl Laltder shall have all of the rights of a securetl party under the Uniform Commercial CMe ea ementletl from time to lime. 6eeurny IMarest. Upon request by Lender, Grantor shall take wherover action is requeatetl by Lentler to perfect end continua LeMar'c security interest in the Rents entl Penanel Property. In atltlition to recortling this peed of Trust in [rte reel progeny records, Lentler may, e[ any time entl witMW furMer aulhorizetion from Grantor, fib executed counterparts, cppiea or reproductioiw of this Deetl of Trust es a Snencing statement Grantor shell reimburse Lentler for ail ezpenees incunetl in perlecting or wntinuing this security Inlereet. Upon default, Grantor shell not remove, sever or detach the Personal PropaM from the Property. Upon defeWt. Grantor shall eaeamble any Pampnel Property not effized to [ha Property In a manner entl at e place reasonably convenient to Grantor eM Lentler entl make it available to lender within three 131 tleye aher receipt of written demand from Lender to the ez[ant permihetl by applicable law. Addressee. The mening addressee of Grantor Itlebmrl end Lender ssecuetl pertYl from which Information concerning [he security interest grantatl by this Deetl of Trust may be obtelnatl leach ea requiretl by the Uniform Commamial Codel ere ee atecetl on the first page Of [hie DeM Of Trust. %~i~U5U RECE PTIONN: 543504, 10/24/2007 at 09:58:23 AM, 9 OF 7, Janice K. Vos Caudill, Pitkin County, CO DEED OF TRUST Loan No: 0260409601 (COI1Nnued) Pege 4 RIflTHER ASSURANCES: ATTORNEY~IN~FACT. The following provisions relating to further assurances entl enorney-in-fact are a part of this Deed of Truan FuMSr Aaauremn. At any time, end from Nme to [Imo, upon request Oi Lendeq Grantor will make, execute entl tleliveq or will <auae to be mode, ewcmetl or tlelivered, m Lentler or to Lantler'a tleeiBnea, end when requee[ad by Lender, cause w be filed, recwde0, reeled, or rerecortled of the case may be, et such times end in such oRicea entl places ea lender may deem epproWiete, any aM ell ouch nrortgeBes, tleMe of trust. security deeds, security agreements, financing atatman[e, continuation a[etemenb, inetrumenn of imher aeaum~we, cardlicares, end other documents ea may, In the sole opinion of Lentler, be necessary or deslreble in order [o enectuat, complete, parted, confinue, or Droeerve Ill Grantor's odiBetions antler the No[e, this Deed of Trust entl the flele[M Documents, end 121 the liana end eawriry intareate cree[etl by [hie Dead of Trust ea first end prior liens on the Property, whether now Ownatl or hereaner acquired by Grantor. Unleae prohibitetl by law or Lentler agrees [o due contrary In writirg, Grenmr shall raimburea Lender for ell coats end expenses inwrretl in mnrection with the menera referred to in this paragraph. Attorney-b-Fact If Grsntor fails to do any of the [hinge refenatl [o In me preceding paragraph, Lander may do so for and in the name of Grantor entl et Grantor's szpenae. For such purposes, Grantor hereby irrevocably app0intc Lender as Grantor's attorney-in-0act for the purpose Oi making, axecutirg, tlalivering, filing, recortling, entl tloinB ell other things es may be necessary or tlaeireble. In Lantler'a sole opinion, to accam0liah [ha manes referred to in [he precatlirg paragraph. RILL PERFORMANCE. Upon the lull performance Of ell the oblipetiona under the Nam and this Deetl of TruaL Trostea may, upon Drotluction of document and lase ae required under eDDiiceble low, release this Deetl pt Trust, and such release shell constitute a release of [he lien far all ouch etltlitional soma end azpantli[urea made pursuant to Ihia Deetl of Trust Lentler agrees tO cooperate with Grentgr'rn obtaining ouch mlaese eM relwaing the other collateral securing the Indabted~sa. AnY release fees required by low shell be Daid by Grentar, it perminetl by eppllceble law. EVENTS OF DEFAULT. Each of the following, et Lentler'a option, shell constitute an Event of Default under this Deetl of Trust PeymeM Oeiauit. Grantor falls to make any payment when tlue antler the IMebtetlnees. Otlwr Defiuft. Grantor fails [o comply with or to perform any other term, Obligedon, covenant or condition containetl in this Deed of Trw[ fir in any of the flaletetl Documents or to comply wl[h or to perform any term, obligation, covenant or condition contaimd in any other agreement Oetween Lender entl Grantor. Canglianee Default. Failure to comply with any ether term, obligation, covenant or condtion containetl in Ihia Deetl of Trw[ the Nola or in any of the Reletetl Documents. Dafiuk an Other Psymarm. Fellure of Grantor within [he time required OY this Deed of Trust [p make any payment far texea or insurance, Or any other payment naceeeery to prevent HIinB Of or m effect tliecherga of any lien. Mfeutt in Favor of ThYd Pemba. Should Grantor default uMer any loan, extensbn of credit, security agreement, purchase or sales preemen4 or env Other agreement, in fever of any other creditor or person that may materially affect env of Gnntar's property or Grantor's a011ity to ropey Lha IntlebtMnesa or paAorm their respecnve obliBetions untlar this Deed of Trust or any of Me Related Document. FWa BtelarlNMa. AnY warranty, repreaemetilln qr 9lelenlem made Or fUrDI6Md to Lander by GrBntOr Or On Glantpf 8 behalf uMer this Daed of True[ or the Reletetl Document is felae fir mielaeding In any materiel respecq either mw or et the time metle or hmiahetl or becomes false or mialeatling at any time thereafter. Deficfive Cdlnerallzeaen. This Dead of Trutt or any of the Relatd Documents ceases to M In full force entl effep[ lindvding failure of any collateral tlocument to treat a valid entl perfected security Interest or lien) t[ any time entl for any reason. OeeN or Inadvmary. The tllaeolmign of Gun[Or'e IreBer0leea of whether election to continue is rootlet, any member wi[htlrews from the limited liability company, or any other trminellon of Grantor's aziatence as a gohg busineae Or [he tleath of any member, the insolvency of Grantor, the ep0ointment of a receiver for enV part of Grantor's property any assignment tar [ha benefit of cradimra, any type of creditor workout, or the commencement Of enV proceetlinp under any bankruptcy or insolvency levee by or egeinat Grantor. Crsdkor a ForfilMS Proceedinpa. Commencement of foredoaure or IorfalNre proceedings, whether by lutliciel proceeding, self-help, repoasaesion or any other method, by any creditor of Grentor or by any governmemel agency agairet any progeny securing the Intlebtetlnase. This indutlas a garnishment of any of Grantor's accounts, including tleposit accounts, with Lentler. However, Ihia Event of Default shell iwt apply if there ie a BoM faith dispute by Grantor ea to the validity or reesanablenev of Ne claim which is the beala of 1fM creditor or forfeiture DmceetlinB end if Gmn[or gives Lentler written notice of Ills cretli[or or fortai[ura prOCeeOlrq and deposit wl[h LaMar monlas or a surety bond br [hs creditor Or forfeiture proceMinB, in en amount datrmined by Lander, in it Bole dlecretlon, es being an edepuete reserve or boM for the dispute. Btech of O[Mr Aareemsm. Any breach by Grantor ender [he Irma of enV other agreement between Grentar eM Lender that is not remedied within any Brace period provided therein, indudiig without limittign any agreement concemi~g any indebtadneas or other odiBetion of Grentar [o Lentler, whether existing now or later. Etyma ANeadnp Guarantw. Any of the preceding event Occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor tliea or bewmea irlcompetant or revokes or tliaputa the velitlity of, or liability under, anY Guaranty of the Intleb[ednea. In [he avant of a death, Lentler, at ib option, may, but shall iwt be required to, permit the Guarantor's saute to sesame uncoMitlanally the obligations arieing untlar the guaranty in a manner satisfactory to lender, and in tloing so, cure enV Event of Default. Atlwne Cherpe. A ma[erlel etlverse change occurs in Grantor's financial coMition, or Lentler ballevea [he prospect of DaVment or performance of the Intlebtetlneaa le impeiratl. Imeeurtty. Lander in gootl felth believes itelf insecure. RyM to Cura. It any tleteult other then a tleleult in payment is curable eM if Grentar hoe not been given a notice of a breech of IM eertro Drovlebn of thle Deetl of Trust within [M preceding twelve 1121 months, it may be curetl it Gren[or, alter receiving written notice from Lender demanding cure of such tlefauln 11) cures [he default within twenty 1201 tlayc; ar 121 it the cure mquirea more than twenty 1201 tleya, immatliatly initiates sups which Lender tleems in Lentler'e sole discretion tq De 6unicient to sum the tlatult eM 1Mreener continues entl comple[ea ell reasonable entl naceeeery steps au1H<lenf to protluce compliance ea soon es reasonably precticsl. RIGHTS AND REMEDIES ON DEFAULT. If en Even[ of Deteult occurs untlar Ihia Deetl Ot Trua[, at any time thereaReo Trustee or Lentler may exercise any one or more of the following rights entl remedies: ENedon M Remedbs. Election by Lentler w Wtw any remetly shall not ezdMe pursuit of any Other comedy, end en election [o make ex0entliturea or m take action tD perorm en obligation of Grantor antler this Deetl of Trust, aner Grantor's failure to perform, shall no[ effect LeMar'e dght [o declare a tlefaNt entl exerese 1[e remetliea. Accelxet lndebtedrtaa. Lentler shell have [he right at It option without rwtice to Grantor [o tledare [he emirs IMebtMness Immetliately tlue end payable, including any prepayment penalty whch Gren[or would Da required to pay. Foncbaun. Lender shall have the right t cause all or any par[ of the Reel Property, end Personal ProOenV. if Lender decides to proceed against it es if it ware real property, to be apM by the 4mtae eccOrtling to the laws Of the Sute of Colorado as respects foreclosures against real property. The Trustee shell give notice in accordance wiM the Iawe of DOIDradO. The Trustee shall L~t~~JJ51 RECE PTIONN: 543504, 10/29/2007 at 09:59:23 AM, 5 OF 7, Janice K. Voa Caudill, Pitkin County, CO DEED OF TRUST Loan No: 0260409601 IContinuedl Page 5 apply the proceatla of [he agile in the following ortlar: lei to ell costa eM ezpensas of the sob, including but not limited to Tmetea'e fees, etterneys' fees, end the coat of title evidence; Ibl to ell soma secured by tMa Deetl of Truan and Icl the exceae, if any, Ip thB person Or persona legally entitletl IO the excess. UCC Remsdo. With respect to ell or any pert of tM Pareonel Property, Lender shall have atl the rights aM remetllea of e eecuratl party under the Unifprm Commercial Cade. CdIeM fleMS. Lantlar shall hays the riBhq without notice to Grantor tq take posaeaelan of antl menage the Property eM collect the Ranu, Including amounts Daet due end unpaltl, and apply the net praceatle, over antl above Lentlar's costa, aBelnet [M IMebtedneas. In funharence of this right. Lender may require any tenant qr other user of the PfoDerty to make payments of rent or use lase directly to Lentler. If the Rents ere collected by Lender, then Granter imevocebly designates Lentler ee Grantor's attorney-in-fact to endorse inatrumenn receivetl in DaVman[ thereat in [ha name of Grantor antl to negotiate the same antl collect the Proceeds. Peymenn by tenente ar otMr users to Lender in reaponce to Lender's tlemend shell eetiaN the obligatlona for which the payments are made, whether or not any «oper grountla for the demand exbtetl. Lentler may exercise i[a rights under [his subperegreph either In parson, by agent, or through a receiver. AppdM fleeeivar. Lender shell have the right to have a receiver eppgintetl to take po6session of all or any part of [ha Property. wiM the power to protect end pmaerva [ha Property, to operen the Property preceding bmclosura or sale, antl to collect [he Rents from the Property end apply the proceeds, over aM above the coat of the recaiverehip, against the IMab[etlneae. The receiver may serve without boM if permittetl by law. LeMer's right to the appointment of a receiver shall ezbt whether or no[ the apparent value of the Property exceetla the Indebtetlneae by a eubatantiel amount Employment by Lander shell not tlisquelify e person from sarviig as a receiver. flacalvar may be appointed by a court of competent lurletliction upon ex pare application and without notice, notice being expreealy waivatl. Tenerroy st SuNerNtce. If Grent« remeine in possession of the Property char the Property Ia sold es providatl above or Lentler otherwise becomes entitletl a possession of the Property upon tlefeult of Grantor, Grantor shell become a tenant et sulbrence of Lentler or the purchaser of the Property aM ahelh at Lender's option, either 111 peV a reasonable rental for the use of the Property, or Ill vacate the Property Immetliately upon the demand of Lentler. Other flematlbe. Trustee or Lentler shell have any other right or remedy provided in [his Deed of Trust or [he Note or avaibde et law or In equity. Seb of the Roperry. In ezercieinB its rlghte antl rematlies, Lender shell De free to tlesignete on or before it files a nodca of election end tlemend with the Trwtea, that the Trmna sell all or any pen of [ha Property together or separately, in one sale or by separate salsa. Lentler shell M entitletl to bid at any public agile on all or any portion o6 [ha Property. Upon any sale of the Property, whether made under a power of seta granted in Ids Deetl of Trust or pursuant to lutliclel proceetlinge, if the Mltler of [ha No[e ie a purchaser at each agile, it shall be entitled [o use antl aDPly ell, or any portion of, [he IMebtetlneee for or in aeMement or payment of ell, qr any portion of, the Wrchase price of the Property purchased, end, in ouch case, Ihia Deetl of Trust, the Note, eM any tlowmenn evidencing expenditures secured by this Deed of Trust shell be preeantetl to tM parson contluc[inp the sale In order the[ the amount of IMebntlnoss so uaM or epPlletl may be credited thereon ae having been paid. ANOrnayi Faae; ExpaNes. It Lender forecbaee or institutes any suit or action tq enforce any of the terms of this Deed of Trust, Lender shell ba entitletl to recover such sum ea the court may atljutlge reasonable ea attomeyi teas at trial aM upon any appeal. WheNer or not any court actign is involvetl, end to the extent no[ prohibited by law, ell raeeonada ezpenaee Lender incun the[ in Lender's opinion ere necesaery et any time for the protection of Ra Innreat or Iha enbrcement of its rghta shell become a part of the intlebmdnesa payable on damantl antl shell bear interact at the Non rate from the date of the azpenditum until repaid. Ezpenaee covered by Ihia paragraph include, without limitation, however subject to any limits under applicable law, Lentler'a attomays' free whether or trot there la a lawsuit. Including E[brneya' fees end expensae for benkrupteY Proceetlinga Iinclutling efforts to modily qr vacate any automatic stay or injunc[ionl, appeals, antl any anticipated poet-judgment colbction sarvlcee, Na coat of searching racortla, obnininp title reports finclutllnB forecosure reports), BurvByora' reporn, antl appraisal tees, titb insurance, antl fees for the Trustee, to [ha axmnt permitted by eppliceble law. Grantor also will pay any court eoeta, in edtlition to all other soma Provided by law. flighp of Trustee. To the extent Permitted by applicable law. Trustee shell hsve ell of the rights end tlu[be of Lentler ae set forth in [his section. NOTICES. Any notice required to be given antler this Deed of Trust includiip witlrout Ilmita[ion any notice of default antl any notice of eels shall ba given In writing, antl shell fro effective when actually Oeiivere4 when actually raceivetl by telefeceimile lunleae otherwise required by level, when tlepoeited with a nationally mcoB^ized overnight courier, or, if mailed, when depositetl In [he UniteO Sta[ea maih ea first class, certiliad or regieteretl mail postage pmpeid, tlirecnd to the adtlresees shown near [ha beginning of this Deetl of Trust All copies of notices of foreclosure Irom the Mltler al any lien which free priority aver this Daed of Trust shell be sera to Lender's edtlmsa, as shown near the baginnilq of this peed of Trust Any party may change its atldresa for notices antler [his Deetl of Trust by giving formal wrlnan notice to the other parties, spacityinp that the Purpose of the notice Ia m change ma party's edtlraae. Far notice pur0oaes. Grantor agrees m keep Lender inlormsd at all times of Grantor's currant Mtlreas. Unless otherwise providetl or required by law, if there Is more than one Grantor, any notice given by Lends. to any Grantor is deemed to be notice given to ell Grantors. MISCELLANEOUS PROVISIONS. TNB following miscelleneow proNelone are a pen of [hie Dead of Truac Amandmama. This Daed of Trust together with any Related Dowmenn, conatlmne the entire understanding eM agreement of the parties es to me manere sat forth in this Deed of Trust No eltaratlon of or ementlmant ro this Deed of Trust shell be affective unbsa given In writing antl signed by the party or parties nought to be chargetl or bound by the almmtion or ementlmant. Annml Reports. If the Propeny le used for purposes other than Grenmr'e reaitlence. Grantor shell furnish ro Lantlar, upon request, a certified statement of net operating income received from the Propeny during Grantor's previous liacel year in such form and tletail as Lentler shell require. 'Net operating income' shall mean all cash recoip« from the Propeny leas ell ceah expenditures metle in connection with the operation of the Property. Csptbn Hssdinga. Caption heedinge in this Deed of Trust ere for convenience purposes only end era not to be used to Interpret or tlefine the proviaione of this Deetl pf Trust. Merger. Thera shall be no margBr of the interact or estate crodted by Ihia Doed of Trust with any other interest or eaten In the Property at any time held by or for [he benefit of LeMer in any capacity, without the written consent of LeMer. GovxnlnB 4w. Thb Deed M Tr«t wM M gawmed by M1Nrd law eppgceble to Lander end. to tM ezHM not praamplad by fetlerel law, ale laws M the State of Cdoeetlo wkhoul nperd to he etzdgeta at bw proWbna. Thb Deed M Trmt hu been eeeaptstl by LeMer In Me stela of Cd«atlo. LYroks o} Vmw. If there is a IeweuiL Gremar agrees upon Lendar'e request to submit to the juriatliction of the courts of Pitkin Coumy, Slate of Colorado. No Waiver by Lsrlrbr. Lantlar shell not be deemed tq have waivatl any righn under Ihia Deed of Trust unbse such waiver is given in wrting eM aignotl by LeMer. No delay or omieabn on the part of Lender in ezarciaing any right shell aperan ea e waiver of such rght or any other right. A weieer by LeMer of a provision of this Daed of Trust shall not prajutlice or conwtitute a waiver of Lender9 right otherwise to tlemaM strict compliance with that provcton or any oth« provision of thle Deetl of Trust. No prior waiver by Lander, nor any course of dealing between LeMer antl Grantor, shell constitute a waiver of any of Lantler's I fJ_, RECEPTION#: 543504, 10/24/2007 at 09:59:23 AM, 6 OF 7, Janice K. Vos Caudill, Pitkin County, CO DEED OF TRUST Loan No: 0260409801 (Continued) Page e rlghn ar of any of Grantor's Obllgetlona as to any forum trensectlone. Whenever the consent of LelWar ie required under this Deetl of Trust, the prendng of such canaent by Lantler in any instance shell not constitute continuirg consent to subsequent inarencea wnere auto eonaent is requires and in ell cases such consent may De grentetl qr withheltl in the sole tliscre[ion of Lantler. Bewnbllity. If a coon of competent IudetllcHon IiMS any provision of Ihie Daed of Trust to ba illegal, invag4 or unenforceable es to any circuma0nce, that fintling shell not make the oHentling provision illegal, invalid, or unenforceable as to anY other circumatence. If feasible, the OHendine provision shell ba coiwideretl motlitietl so that it becomes le8al, velitl antl enlorceeble. It the offending provision cannot be ao motlifle4 it snail be considered tleleted from this Deetl of Trust. Unless otherwise required by law, the illegality, invelitlity, or unanioreealdlity of any provision of this Dead of Trust shall not affect the legality, validity or entorceabilRy of any other provision of this Daed 01 Vuat. Bucaoaon aM Malpns. SWpct to any limibtione stated in this Deetl of Trent on transfer of Granter's interest this Deed of Trent shell De binding upon an0 Inure to the benefit of the perWe, their succeaWre antl easlgne. If ownership of the Property becomes vea[etl in a person other [hen Gmnror, Lender, without notice to Grantor, may deal with Grantor's aucceasom with reference to thin Deed of Trust end the IMebtedneaa by way of forbearance or eztenaign without releasing Grantor from the oblpetions of fhb Deetl of Trust or liability uMer the Intleb[etlneas. TMs Is of the ElaanDa. Time b of the essence in the performance of Ihie Deed of Trust. Welw JYrY. A9 partba to this Daed of Trwt hereby wales tIN right to arty jury bbl In arty aetlon, pracesdlrp, m ewnNrebim boupM by anY pertY pWUt em/ odor party. Walwr of Hamstutl Examptbn. Grantor hereby releases antl waives ell rights antl benefits of the homeataetl ezamp[ion lawn of the Stare of Colorado ea to all hMeDtaOnaec aecuretl by tole Daed of Trust. DEFINRIONB. The following cepivllzatl woNe end terms shall hew the following meanings when used in this Dead of Trust Unless epecihcally atetetl ro the contrary, all references to tloller emqunn shell mean amounts in lawful money of the Unl[etl States of America. Wortle end [arena vaetl in the singular shall Include 1M plural, antl the plural shell inclutle [he singular, ee the context may require. Words eM terms not otherwise detinetl in Nle Deetl of Tenn shell have the meanings ettributetl to such terms in [he Uniform Commercial Code: BsneRebry. The wortl'Beneliciery' maena Alpine Bank, A Colorado Banking Corporation, antl Ira successors antl easlgne. Barowar. Tha wortl 'Borrower' manna BALENTINE HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY end includes all co-signers antl co-meken signing the Note eM ell their auccwanre antl easlgne. Oaatl Of Test The Words 'Deetl Of Trust' mean this Deetl of Trust among Gunroq LaMar, and Tmatee, and includes without limitation all enignment antl wcurity interest prOVicions relating to the Personal %operry antl Rants. Wlatat. Tha word 'Dehult' maena the Deteult set forth In this Deetl of ivet in the eemion tipatl'DefeN['. FuMranmemN Lsws. IDs wards 'Environmental Leese' moan any antl ell state, fetlaral end local etetutae, regulations eM ortllnarmea relating to the protection of human hpel[h or the environment, inclutling wlthout Ilmlletion the Comprehensive Environman[el Raspanee. Compenaatlon, end Liability Act of 1980, as ame~etl, 42 U.S.C. SecHOn 9601, et seq. hDERCLA'I• the Superhntl Amendments end ReauModzetion Act of 1986, Pub. L. No. 99-499 1'SARA'1. the Hazardous Meteriab TreMponallon Act, 49 U.B.C. Sectlon 1801, et seq., the Resource Conservation antl Recovery Act, 42 U.S.C. Section 6901, et seq., or other epplicabb state or federal laws, rules, or regulations adapted pursuant thereto. Ewen of Oafauk. Tha wortla'Event of Deleult' mean any of the events of default set forth In this Deetl Of Trust in the events of tlefwlt section of this Deetl of Trust. Gruttor. Toe word 'Grantor' maena BALENTINE HOLDINGS. LLC, A COLORADO LIMITED LIABILITY COMPANY. Gueramor. Tne word 'GUeramor' maena any guarantor, surety, or ecwmmotletion parry of any or all of the Intleb[etlnesa. Ogeremy. The word 'Guaranty' maena the guaranty hom Gusmntor [o Lantler, Including wthout Ilmlretlon a guaranty o1 ell or part qt [ne Note. Haxwdow Bubatarren. The words 'Haxertlom Substances' mean materiels that because of their puentity. concentration or physical, chemical or infectious charectarictice, may cauce or pots a present or potential hazard to human health or [he environment wnen Impropeny uwq treerod, arored, disposed of, genemtad, menufacWred, transported qr otherwise nantllatl. iha words 'Hazsrtlous Subabnces' era used in their very broadest sense and include wlthout limitnion any eltd ell hezeNous or toxic aubstancea, meteriab or waste ea defined by or listed untlar [ha Environmental Laws. The from 'Hazardous Substames' oleo inclWea, without limitetbn, paholeum and Deholeum by-products or any fraction thereof antl asbestos. Imprevsmema. Tne word 'Improwman[e' means ell existing erM future ImDrovamenta, buildings, etructurea, mobile homes ehixetl on the Peel Property, fecilitiea, additions, replacements end other conenuctlon on the Real %operty. Indebtedness. The ward 'Indabtetlneas' means all DrInelOel, inmreet antl other emounta, costa antl ezpansas OaVable under the Note or Related Documents, together with all renewals oi, axrensione of, motllflcetione ol, consolitlatione Of end eubatiN[iona for the Note or Related Documents sntl any emounta expanded or advanced by Lantler [o discharge Grenmr's obllgetlona or expenses irwurretl by Trustee or LetMer to anfome Grantor's obllgationa untlar this Deetl of Trust, together with imereat on such amounts ea Orgvitlatl in this Daed of Tenet. Specificslly, without limitation, IntleMetlneea includes all amounts chat rosy be indirectly secured by the Cross-Colleterelizatian provision of tole Deetl of Trust. LsMar. The wor0 'LerMer' maena Alpine Benk, A Coloretlq Benkhg Corporation, its successors antl usigne. Nara. The wortl 'Note' maena the promissory note dated October 12, 2007, In the Original prinpipel amount of 82,459,000.09 Irom Grantor to Lantler, together with all renewals el, axtemlons of, motlifica[iona of, refinancings of. coneolltlations of, antl aubatitu[ions for rho promissory note er agreement The maturity data of the Note is October 12, 2010. Personal PropaM~ Tne words 'Pesonal Property" mean ell equipment. fix[uma, end other articles of personal property now ar hereetter owmtl by GrenroG antl now or hareaner ettacfred or a4izetl to the Real Property; together with ell ecceeaigna, parts, end addi[iom to, ell replacements af, antl ell substimtiona for, any of such property; end together with ell proceeds linclutlirg witfwut limitation ell insurance proceeds antl rotunda of premiumal from any sale or other dispoaitlon of Ina Property. Property. The wortl 'Property' maena collectively [he flael Property end Me Personal Property. RaM Property. The worda'Real Property' moan the reel property, interests antl rights, ee further described in this Deetl of Trost. Rabtetl Doeumartb. Tne words 'Related Documents' mean ell promissory nobs, credit agreamenta, loan agraemenn, environmental egrsements, Bueranties, aecwiry egreamanb, mortgages, deeds of trust, security deeds, collateral mortgages, antl all Other Instruments, apreementa antl tlacumenh, whether rww Or hereafter existing. executed In connection with the Indebtedness. Rams. Tha Word 'Rama' maena ell present and iNUre rents, revenues, Income, isausa, royalties, profile, antl other benefits derived from the Progeny. Tortes. TM wortl 'Trustee' maena the Public Truaree of PITKIN DOgq[y, Colorado. C~VUJ53 RECEPTIONR: 543504, 10/24/2007 at 09:56:23 AM, 7 OF 7, Janice K. Voa Caudill, Pitkin County, CO DEED OF TRUST Loan No: 0260409601 (Continued) Pege 7 GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: SALENTINE HOLDIN LOBADO LIMITED LIABILITY COMPANY ey: RI SALENTINE, MAN GER of SALENTINE HOLDINGS, LLC. A COLORADO LIMITED LIABILITY COM ANY LIMITED LIABILITY COMPANY ACKNOWLEDGMENT sraTEOF~~ __ I MARLENE STALKER ~~ I ss NOTARY PUBLIC counrr of ~..~ I STATE OF COLORADO . / Yd-+ oTL~F My Commission Expires Aug.24, 20N On tMa //~ day ~~ 20~T before me, the undereignetl Notary Public, personally eDpeera0 RICK SALENTINE. MANAGER of SALENTINE HOLDINGS. LLC. A COLORA00 LIMITED LIABILITY COMPANY, entl krrown to me to be a member Or designated agent of the limited IieNlity company that executed tM Deed of Trust aM ackwwled9aa the Oeetl of crust t0 be the tree and voluntary act entl tlaetl of the limintl IieDility company, by euthOriry of statute, its articles of Or9aniza[i0n or its operating agreement, for the uses end Ourpoaea therein mentioned entl on oath s[a[etl that he or she ie authorizetl to pxecyre this Deetl of Trust end In fact eaecu[etl the Deetl of Trust on behalf of the limitetl IiebilltY company. BY ~ / Raal®ng st Notary PlbRC in entl for the Stab MY commlaabn expina C~t~tJ~54 ltyi,`i';' I 4 .~:55~5 ~~t'I`ndustrial (I) xone_to Business Pitkln County Planning and Zoning Commission Ing pnopasal and reconnended approval, and ~~~ ~~ .v ~ Mff.REAS,the Business (B-2) zone bas evolved through L7t i h cOnianued dlscusslons with the owners of the Aspen Airport Business Center, tke Plann ln9 Office, and members of the Planning and Zoning Commission and tl~e owner; hr. John McBride, has by letter dated dune 9, 19;6 expressed approval of the new zone district as applied to the Aspen Airport Business Center, and WHEREAS, the Business 'R-2; differs fYOm the present Industrial (i) zc re previously in the Col leaving manner: 1. It focuses on a1leMinn service/conmerical Uses to the exclusion o` retail uses. (Sections 3.05, numbers iE ana i.i; 2 Service Comcereiat uses and vehicle related businesses are allowed by right rather than by Special 9eview a.<. in the Industrial zone. (Section 3.05. nin;ue rs 13-20) 3. lfuiti-family dwel lines are restricted to one dwellinn per ;~ona-fide business employing personnel on the site. (Section 3.05, number 2) a. Office <pare is restricted to a maximum of 1,000 snuare tec t. (Section 3.05, number 3) 'ape 1 of oagos. -.~ :>~^ ~t~la~355 ~~314 5fi~ COMMISSIONERS RESOLUTION ASPEN AIRPORT BUSINESS CENTiR REZONING n 9 d 5. Personal service euUets are limice~:. to Gig square feet gross leasea6le space p.r dweltim~ unit in the district. (Sectim~ 3-G nwr~6er- t41 41NEP.EAS, the Board of the %uwrty ~wttni ss ;mer> ha= held a public Nearing pursuant to Sectia-~ 4.Q"~ ?4 e' ~r•~ Lnd !~u Code considered the recotrmendations u* tt r~i;: ~ C' h. .,~; !'Lu~.n!~i•i and Zoning Goimri ssion, and deter--t,.e5 :„ ,ne r. ~ ~. i~~ is conformance with the q~.PCi ~s ,: - _..,.~ - ,; ~ ~.~,,; r.. ,n~i Y'HCPEAC, r! a .. r.e~ ,. ,.. ~ .. [~ -a stmt wi LF. ..he , ;iiJ i .''i., ., ( ~nnir ,-anr,. z ~._ .., ~ ~ ~,_ -. _ 2 ~ r L 1i ~ 1'.) -r re: t r~ '1 ~C~+1~ i'ALL:il' H" phis ~~day of ~((QP , ~ein~fter referred to as "Declarant"): 't•@'e "otRnerof real property in Pitkin County, •_' ~, ~ciirity of the Aspen Airport. The-property is :~~iibit A attached hereto and by this reference ' `d fiere3a. ~`~ ~~r ~~,~,.~arant proposes to develop the real property as a business •`commercialcenter serving the community of Aspen, Colorado, ~~~~~ ~ '' ~,,;~ atxd its environs. ~~ ~ "` ..- The development will be called the "Aspen Airport Business ". - Center". The property is hereafter referred to as the "Center". In order to enhance the establishment and enforcement of a general plan for the architectural clxa racter, development and use ant of the Center, Declarant desires to subject the Center to certain xe is covenants, conditions and restrictions, upon and subject to which the entire Center and every part thereof shall be owned, held, itn proved, used, occupied and transferred. Accordingly, Declarant hereby makes the following declarations: I. GENERAL PROVISIONS. ~. A. Establishment of Restrictions. i Dc clarant, for himself, his heirs, personal representatives, ~I successors ar.d assi„us, hereby dec fares that the Uentar, including any prn p,:=rty heroaf l.er added thereto, as hereinafter provided, ~h:~t 1. ho o~e. n.•d, ho lc'.. improved. used, occupied and transferr ¢L -;bj. i ~. ~- i".~ .~~.~~~ione of this Declaration and to the covenants, 9onn: herein can L~;ined. ODUU57 ~o©~ CaPy C P: v _$ ~ r l N~S~ *cn is to provide Ch. s° . t E.~ ~, Anent and maintenance o x ,, ~„~ o~~business, appropriate 4 `~4=tpe gateway to Aspen, f- '' ~,' t i~ ¢ ~~ '~d hafY~~hall'govern in the understanding !~ i s'° ~eelaration, lv°mean the undersigned (including his heirs ~~~~ ~. '~C~ta'tivgs? and any successors and assigns of i p~~i ~~~ ~.a"> _ ~ _ ~r~d as<are designated hereafter as a Declarant for r .,P x, ~'`fhis Declaration in any deed from the wxdersigned, `- i-rs or :personal representatives. .y, >x 2, -Site. "Site".shall mean each separately owned or separa Lely lease~+ 'parcel of land in the Center, whic.: is owned, lensed or used for or in connection with business or commercial purposes and which is designated as a site by Declarant in l.hc original deed of conveyance from Declarant or in any lease of n ~~arc~~l nl' land from Declarant for the term of such lease. A rite may a h~o be established by Declaraot by an instrumonL in ~eritin~ erccutcd, acknow7 edged and recorded b} !~cc~laran~ which dcsi~;na t;es a pa rce of lan. as a si le foc Chc pur~w~~~> of lhi~ Uccla ra Lion. Any sr h site do signation niay Lxilu.lo euo .,r morn of Uu• platted lots a: may be sho-n on any p]at oI Ih~~ C~~ni~r iilc~l iur roro rci and also aty porno. of any such I,~t ~.; i~,;,. ~n~l nu~c aL~n includo portione ,t. adJOin n~ road or sCi ~~~f ri~,h t.-. -.,i- ~~~ „~ uti lily i°a.~cmon le. til such ~-• :..- nin. iii ~. ,~ '~ .. ~h. „-~I _. ir,c~l n~+„~i i si t,. ci _-::u+i,~i, ~ _~.. ~~i~,.l• ~.!ch sceh plait lot ~ (~ t~ 0 5.8 pcxr cc,P~~ e~q(ZJJ i'A(,Lvl ' l;S~m1'xid.~.,, ~~'Ctrout limitation, v ~1cing'.a'~eas;.driveways, loading s' ~''° ' .,Y,plantings, utilities, poles, ~.~~ teartae and any structures of any ~, ldingwith three (3) exterior walls N' ~~ `~iY~ean abe person, firm or entity legally entitled ~ , .,. ,~rauy site, and, where the person, firm or en tit,y °` !{Sion does not own foe simple title to the site. kE- ~ ~Clude the person, firm or Antity owning fee simple j.~the site. n~ ~~~<~ . ~. 3'treet Setback Area. ~~ -~ "Street Setback Area" shall moan that portion of any road or ~~ sheet right of. way (public or private) which is included in a site or adjoins a site and which is not occupied by the surface oi' the road of street as construe Cod. II, REGULATION OF IMPROVEMENTS A, Space Occupancy. I, Setback Lines. 'fhe.•e shall be no :u•bi Crary requirements fot• the location of improvcmeu is with rola tion Co property lines. except that no buildings sl~tall be constructed wi thi^ the street setback area un7 es.~ oiherwise approved by Dcc•Iaran t. The Iocatio^ of each improvement on a site nnisC be approved in advance by Pee larant. In reviewing the proposed location for each improvemeut• Declarant will consider such factors a loeatien of oxisfin and Cuture improvements on adjacent property, bulb irithin and •.vithonl thi° Ccni~~T, Lhe needs of the Owner seeking[ a liprn~~:~1 n= n'cl I n:; tiu• ncod~ uI the Oa~uers of adjjacent sites. and _;{ _ O U ~~ 0 59 door ~nP`1 deem the '~ .~.A ~ ~r.. ~ =motes ®oa~en,~ement of construction of any lmprovements on a P i 3c "i~`t ;' site, the Owner shall cause such work to be diligently prosecuted he to completion; so that the improvement shall not remain in an unfinished condition any longer than reasonably necessary for ;i completion thereof. C. Excavation. No excavation shall be made except in connection with construe- . tion of improvements, Upon completion of improvements, exposed of openings shall be backfilled and all disturbed ground shall be uildings graded, leveled and improved or landscaped as hereir. provided. erwise D. Landscaping. site 1. Every sits on which improvements have been constructed oposed shall b~ landscaped in the street setback area and upon all unimproved ctors areas in compliance with this provision. All landscaping shall be operty, according to plans approved in advance by Declarant, and maintained ~kine; and -4- C~~J060 Poor eo~~ ,,.. -, gUfUf i~.rt~t~ i'AL;v~~ >t xnd healthy condition. All as not to disturb the nntural ~, ~* c,;; ~'. ( btla~rvlise approved by Declarant, all landscaping e- ~ ~ ~,~ olYo~aftig criteria:.. ~~c. All disturbed, unimproved areas shall be icy `h ~t° ~ ~gted with grass,. shrubs and/or indigenous trees. ~. ~~ ~~ ~~ ', glturb®d~~~ areas may be left in their natural `~" f; aanelition, except as provided in b, and c, below, ~ : ,- b,. Dense plantings of Aspen, Evergreen and/or ~~ ~` Ether indigenous trees or shrubs averaging approximately -~ four .(9) feet or higher shall be used along Site bo wed:ry $ y ~` lines Taring on State Highway 82 for the purpose of #., Il screening parking and service yard areas. c. S't? ~t setback areas shall be planted with grass and maintai: d as lawns. a 3, A11 bui dings (other than sheds) shal'1 have a ~ifi'icient; ted number of exterior hose outlets for proper waterinir oi' landscaped areas. E. Parking Are ~_ ), For ca •h building constructed on a site, sui'ficient parking areas shall bc• aovidcd on the site, laid out and constr-;eted s true- ac•cordi ng to ~ns aPPr~?~'ed in advance by .Dec larant, and maintained d thcroai~tcr in god condition and s L'ttc of repair. 2, No ~ kin;; shall be pecmi Lted on any public or private road or strc- in the Center, unless oChcrwi_se approved uy Declarant. ,d ., Al ru king a~~oa~ and driveways shall be paved pith asphalt improved ~~~ ~~ ~i'iLal ~ base of compa~~tod ,ravel or pitrun, t:dge~ of parking 1 be areas !'id ivulray,v sLal I h~~ iurmcd against metal or wog t straight a ~ned odes. ~~9~~~J61 Poor Qo~ ,;, BOOK JJ i'A6Ct:l~l '" designed so as not to disturb natural '~`ff4 a or cause erosion. Where access $3tehes, culverts at least 18 inches in ~#alled and maintained by the owner, unless -,Iy:Declarant. ;ivewags from adjoining roads or streets shall be ~tait=nltlAm required for access to the site, No con- v'm 5~ driveways along adjoining roads or streets shall be ,otherwise approved by Declarant. Access driveways ~ toads and streets i'or a one-way driveway shall be lay -and,for a two-way driveway shall be 24 feet wide, ~rwise approved by Declarant. ~~`~•' 'i A signboard containing a directory of owners or occupants O the Center may be located at the principal entrance or entrances Of the Center, the size, design and color of which shall be subject to the approval of Declarant. 2. Unly such identification signs as are approved in advance by Declarant as to size, design, color and location shall be permitted on any site or ou any improvement on any site. G. [3uilding Regulations. Dnless otherwise approved iu advance by Declarant, any principal buildi. n;; erected un a site shall conl'o rm to the following design and construction critoria: 1. Roo 1's. ^. A71. roo l's sha17 be built-up roof's, and shall be cova•rod with black scioria, „;eo rock or other material ^phrovcd by Ilcc lan~ant. h. '19io masimmn pi Lch of any rooi' shall be One (1) nrn I~rr fool . Hhi•r i~c ~•~ f~~a~iblc, roof' drainage shall be provided . ~~~ ~•~t~"~;or ~c:~lls of buildin ~s. ~~1~JUC~ roef. 1~lFxsaxmg...,. b. To the extent possible, no intake or exhaust fans, • ,_ °•~`_~'~ ~ ~ _ d~gCtwork or ottler mechanical projections shall be mounted oa the exterior walls of any building. 6Ce 3, ', Fle fight Limitations. ". a. No building or other improvements in the Cent.r.r, d4 Ay othel• than trees, shall exceed thirty (30) feet i~n height. b. Declarant may, in his discretion, iln pOSP_ F height 2q principal limit of fourteen (14) feet or twenty (20) feet on any site design that is adjacent to an exterior boundary line of the Center; provided that these perimeter height ~estrici;ions shall . obtain only for a distance of thirty B O) feet, measured at 1 be right angles, from the exterior boundary lines of the Center. al 4. Colors. All colors used in the exterior treatment of buildings and (1) other strut t-.ores shall be approved by Declarant. H. Stora;,~e Areas. irovided No merchandise, supplies, equipment, including company-owned motor vchic les stationed on tLe site. or materials of any kind. _~_ O~~iJ63 ~r c~~~ ~a B~cLJJraGl:r.~ `',=° fit iae in any area on a site k= `x M1~' 1!r approved screened area, .'Declarant. ~,~, ~: b, ""x gaxbage or other refuse shal.] be thrown, 11~'ed of on any land within the tenter. ;~ by°A~`out of doors in the Center, Yo incinerator r. tom` ~N burning of refuse shall be cons rutted, ~~ 'iabaned in the Center, except with the prior written clarant, All refuse shall be stored in metal contain- rerever poesible shall be kept inside a builling or shed. 1 t~. `~ `Declarant has established a plan for the location of utility ~~~ `' lines and roads and streets within the Center, Either concurrently ¢ ~a " with the reco'rdi ,* of this Declaration or within a reas onable time t thereafter, Der.. 'ant will record a plat of Uw Center ipon wh+ch easements and x•- hts of~way for utilities and s U•eet- w .ll be Established and reserved, Ownership of each silo shall be subject and sutwrdinate to such easements and righis-ot-way. •• No improve cents shall be consu•ucted, installed or maintained tt along, on, acr~.s or within ihr aroas ~a e=tablished an d reserved .te for easemenis n;i ri~,hts-of-wac, escopl ay ot9erwisa pr .vided :er; here:in or ~wi tf the prior Teri ilea approval of Dc~larant. K. lJt i ] t ie= at Al'z uti- icy, includiu~ without limi La Lion, wa tcc sewer, xter. gas, electri tp, tolephone and cable 'I'.V „ within and >crving the Center. a17. be distributed underrroc.ucd within a s Le by the ~d Owner, unlo othurwi~c ^pprovcd by Declarant. All uli ity meters shall m lr~ tc.:d inside bux ldinhs or ~mder shod roofs, i uless olhez~~ ~~;~~ ~~!'~~:'~•cl h~~ Ir,•rl:u:uit. Pending the availabil Ly of a anr.d s~,wcr "`,~ ^i from ih.,~ :1,~~,c•n llr=l ru ln,li Lan Sa ni to lion Dis ric L, ,. a ~rmvided by each Owner, Pending u~rt:e and system for the Center, Buts with outside sources for ~e needs of the occupants of the buildings 'ef water wells shall only be allowed with f Declarant. :hung shall be sub,~ect to the approval of racy structure, excavation, basement, trailer or tent fitted within the Center, except as may be necessary uction of permanent improvements or as expressly °roved by Declarant. =tz:~ K. Maintenance. 1. All buildings and other improvements, and all landscaping, ~~'~£ on any site shall be kept in good condition and repair. ~~"~~ ~ ~ 2. All buildings and fences on any site shall be repainted . ox• restained as often as wear and tear may reasonably require. 3. Should any building ox• other improvement on a site be substantially damaged or destroyed from whatever caust, all debris shall be promptly x•emoved from tlxe site and the Owner shall proceed promptly either to repair, rebuild or replace the damaged or destroyed improvement or to remove the damaged or destroyed improve- ment and to restore the damaged portion of the site and landscape the same with landscaping approved by Declarant. Should the Owner elect to repair, rebuild or replace tlxe damaged improvement, the plan. and specil'icaCions thexcl'or shall be submitted to Declarant for approval. in accordance with the other provisions of this llcr t:n'n t i~~n. _q_ e~U`l~i' x, ~ or a AND USES ~.~. . oP°fensive trades, t services or activities shall `. tetk-ott any site, nor shall anything be done thereon which s °~x ~q~be or become an annoyance or nui sance to the Owners of other 'sites or their tenants by reason of unsightliness or the excessive « w ~ `" a - omission of fumes, odors, glare, vibration, gases, radiation, dust, " ~ ~ liquid waste, smoke and noise. B. Permitted Uses. Aircraft Repair and/or Sales Contractor or Subcontractor Shop ris Apartment Convenience Store Geed Appliance Repair and/or Sales Dairy Auto, Motorcycle, Skidoo, Boat Distributor and for Motor Repair and/or Sales rove- Drug Store pe Bakery Equipment Rental ~ner Banc Fire Station Barber 1e Garage int Bus Company Gas Station Cai ~Vasb Hardware CO ld 5'1.01'a"L' ~CkC I' -10- 000066 ~r C~~ K 7 . ~ T~. ~:,,~ - ~ ;~. ~ ~ ~` ~re~lciaa . ~ ~ ~ „~• °"Vehicle Rental ~ 'Veterinarian ..: ~ 1 Warehouse .~ .,,a ~. Wholesaler ,~:% ~ t ~ ~ ,• 1 ~~9t"~~iods or rases may. be permitted in the Center with xF -` ~} agpraval of Declarant, ~~~ . ~ IV,APPROVAL 0$ PLANS .~~ ~,~~~, , Nolaprove~en.~s, as that term, is hereinabove defined. shall • : be erected, placed altered, maintained or permitted to remain on `~ any site until pl ~ and specifications showing site plan. design, Ede door plans, exte .or elevations, exterior materials and ~olors, 'fit' sign location and design and landscape plan, shall have been submitted to and approved in writing by DeclaranC, Declarant encourages all O' lets to consult with Declarant and Dec larant's r Shop architect prior to preparation of such plans and specifications. Such plans and rcii'ications shall be submitted in writing over the signature o the Owner of the site or his authorized :}Kent, Approval shall based, among other things, on adequacy cf site planning; confc city and harmony of exterior design with neighboring structures; et et of location and use of improvements on neighboring sites, improve ^ts, operations and ayes; relation of top<graphy, grade and fin ~~ed ;;round cleva Lion of the s:i to being impived to that nJ' reigi-~ ociu;t, site ; proper facing of main clevatior with respect o n u'by vtrec Lv; and conformity of Lhe plans an< specifica- tions t~• the purpo5c and ;;~~neral plan and intent of these resCrictions. . • ~+ s7 P°Or ~~ .-..w. ._ ~; - BOac~JJ ra~[;;~ 1 ~. d I ~ ~~£~ •. ~''uSreaeonably withhold his v~ _ , 3-tdons. In giving such i fle authority to approve ~. dt any of the requirements «..` 'a fit"-;B~'ticles II and .III hereof if =arena's reasonable judgment, ~~~,ad intent of this Declaration. _~,;,, .~~ or disapprove such plans and ty (30) days after the same have `shall be conclusively presumed that said plans and specifications, subject, iients and restrictions contained in a •"larant nor his successors or assigns shall ~~, ,. u :~ ~- i~C, in damages to anyone submitting plans to them for t .~~a+;~or.'to any Owner of land affectedby this Declaration, e1'of mistake iu judgment, negligence, or nonfeasance, ~, Is3.'aut of or in connection with the approval or dis- r -. ~ ~ptoval or failure to approve any such plans. Every person who'submits plans to Declarant for approval agrees, by sub- €5'".' mission of such plans, and every Owner of any of said property agrees, by acquiring title thereto, that he will not bring any action or suit against Declarant to recover any such damages. V, COMPLIANCE WITH LAW Notwithstanding; any other provisions of this Declaration to the contrary, each Owner shall comply with alt federal, stote, county. nuuiicipai and other statutes, charters, laws, rules, orders, re;~ulatious and ordinances of every kind or na C.uro wha is oe vor affecti n~; his site and the occupancy, opera- Minn ur use thereof (iucludin,,, without limitation, the con- ~• i Luc t 9 nn ;. n~i ~.nn i ni one noc' nl' improvements thereon) . -~-'- ~i~~1~6~ z~~ ,~~~~ ^t1 as a~reaaest olas of ttais ion s, era- n- binding upon and inure to the benefit of Declarant. and the .Owners, from time to time, of sites within the Center. VII. ENFORCEMENT AND REMEDIES A. Suit. If any Owner shall violate or threaten to viclate or fail to comply with any of the provisions of this Declaration, it shall be lawful for Declarant and/or any other Ov.•ner to institute and prosecute suit at law or in equity to enforce the provisions of this Declaration, to restrain or enjoin suck, violation or threatened violation or to require compli- ance with such provision, and to recover damages, actual and punitive, for auy such violation: px•ovided, however, that no such suit shall be brought or allowed as to any such alleged violation or alleged non-compliance with any of fhe provi~ious of Lhis Dcclara.tion where Declarant shall -7:1- ~~u~6`3 ~x'~ c'c'~`~ CO\- ies stated above, ±i, with is a violation of, or failure provisions of,Article II, ~'{r hereof, then Declarant shall i option, to'cure the violation or 'the case may be, at the expense of !! tke cite: ~, ; tion, 0 ce xli- and t ;.....~~' '.86c1arAat say from time Lo time at any reasonable hour Or hours, enter and inspect uy propertysubject to this Declaration to ascertain con.;,iiance with the provisions hereof. D. No Waiver. With the exception of .he time limit for action by Declarant contained in the last paragraph of Article ri`, the failure of Declarant c any Owner to enforce any pro- vision of this Declaratir~ ;Ixall in no event be deemed to be a waiver of Uic right ~ do so t.hercai'ter nor of the right to enforce any oth~ provisions of this Declaration. VIII. R ~,fITS OF idORTGAGF:ES No violation ol, o- ailure to oomply with, any o£ the provisions of tlxis Decl a non and no action to enforce any such provision shall ar crscly affect, de 1.'ea t, render invalid or impair the lien of -: ,~y mortga qe, deed oi' trust or other lien on any site t::ker. in Hood faith and for value and per- fected t>y recording ; the office of the Oounty Clerk and _19- UUVUro 1 `i sorncZ~3 ~a~~;,uJ `~' x~`tj~ of #his. Declaration. IX. ADDITIONS TO CENTER -Additional real property, adjoining or in the vicinity ,~~.^'• of the Center, may become part of and shall be deemed within .,° the Center as if originally a part of the Center upon the ~~. recording Uy Declarant, in the real property records of Pitkin County, Colorado, of an instrument containing a legal description of the additional real property, declar- ing that the additional real property shall become part of the Confer :utd setting forth a declaration of protective covo~m nls [or such additional real property similar or dis- ~fnn l;u• to ibe provisions of this Declaration. Such do<•l arat ion cmy adopC this Declaration, in whole m• in part, ;uxi m:n~ ci~nLnin and cst.aUlish each additional px'ovision as i_. ciutsistont with the inionded development of tits adciit tonal rra 1 ~~rn~,ocl )'. S. DUI.ATiON AND A11N,ND3IENT '~'I~{-: llcr l:n•nlion ol~ protective Covenants. and any amend- ,.,ii~~ ~i,.i~,.i„_ dill rrmai^ in tali three and effect until (~ ~ ~9 ~J71 ~r co~j ~, sixty- title ar- t of ve dis- part, in as 3itional y amend-• ntil _~~ t *~~~;ty, as evidehced by instrument 3 4 +~`' of .bath fee simple title owner of such `` t~,wham the right of possession thereof "" t gri~atec) shall 6e required as to sueH site for ~' ~y~'!o'be included within thesixty-five, percent (65~) ~~.~~ -~..CO7tSent provision; provided further, however, that r+ep lOpg as Declarant owns fee simple title to at least twenty percent (20~) of the property subject to this Declaration, no such amendment or sooner termination shall be effective without the written approval of Declarant thereto, and during such time as the trustees of the Walter P. Paepcke Life Insurance Trust or John V. Spachner personally shall retain title to property contiguous to the Center, no sub- stantial. change, modification, or termination shall occur during the lifetime of Elizabeth H. Paepcke or John V. Spachner without her or his written consent. !{I. ASSIGNMENT AND DELEGATION BY DECLARANT Any and all of the rights, powers, reservations and duties of Declarant herein contained may be assigned to any person, firm or entity which will assume the duties of Declarant pertaining to the particular rights, powers, res- ervations and duties assigned, and upon any such person, -16- Q Q ~J J 7 ?. ~c; c~-- ~oPc .~ _,,_ OO~~~J73 ~cx~r- c~~ it , 5~~ F4: g~ ~~ [.:._Y _. NftB .a~knowled ged before me ~ 1971, by John P. McBride. ial seal. - ~'~~jJ74 ~ar ~G~ ~~5 yte~y sadesubject to the Declaration of Ito which this Exhibit A is attached is follows: ~ ;~ laadsaod tracts included within i!' Q AIItP08T BUSINESS CENTER, Filing ~ 1, Mtkin:County, Colorado, according ~;: 1Eas`the official plat thereof recorded Narch ~, 171 in Flit Hook 4, page 188 in the office 01 the- County Clerk and Recorder of Pitkin County, Colorado. { f i~u~75 --- door- C~~ er 23, 1974 Rane -. EXTENSION OF I,ARATION OF PROTECTIVE COVENANTS iR :ASPEN AIRPORT BUSINESS CENTER eooK232 :'a, : ~,':1. TENS30N OF DECLARATION OF PROTECTIVE COVENANTS is ~~day Of October, 1974, by JOHN P. McBRIDE (herein- ed'SO as 'Declarant"): r ~:.- . ; ' - - R E C I T A L S: ~~ ,_ `- WHEREAS, Declarant-has caused the following described real orooerty to wit: ~~~ - All of the lands and tracts included within the g-,-" c Filing No. 1, ASPEN AIRPORT BUSINE.-S CENTER, Pitkin County, Colorado, according to the offi- cial plat th^reof recorded March 2, 1971 in Plat Book 4, Page 18fi in the office of the County Clerb~. and Eecord~-'r of Pitkin County, Colorado: to be made subiact to t:,c i?":'=-ar.rtio^ of Protective Covenants uated June 16, 19'i. c., ~. ..-~=^cded Sune 17, 1971 in Book 255 at Page 916 in t.:. _~~- ~- ~' `=~~" County Clerk an3 Recorder of Pitkin Coup t'; ~-_~--~--~-~- ~~~~-'=i'~'-i '-~''r the "Declaration"); and 1.1'fF_,-~. _. -~:.:. ., .. !.al,- C~,mini ssioners of Pitkin County, resolution, vacated a portion of Cc lni arce, ._:., _ .. 'U" .._._ -,-.- _ ~ ,!,_.. ~I~. ,i 'vacated" on the First ~ ., ._,:. ~~ ~::~;_ i n~~::5 l'r,nter Pl llR9 No. 1 recorded _ i .n :- .. _. , „~ ~ rt F i c~ of the Clerk and Re- cn ,cam ,), said Resoluhion bci.ng re- ~_'.~... ... ... ._ -.1 ~', in :=~i.d office; and _. _,. ._. ,...,.. ., ,~..-__, t., sul>iecC the property previ.- .. „~~~ "h" ^nd al.l of "E" Streets .i r': '.1 Ao~~~ndment t.~ Aspen Airport C~~J076 pcx~r co~~ zy~ YA,.. 5~1,~3 venants, conditions and lion. :pants 255 ter of and i County, portion of rst recorded ad Re- Zg re- previ- s 'po r t IN WITNESS WHEREOF, Declarant has exe~~uted this Extension of Declaration on the day and year first above written. l l Jo n P. McBri e STATE OF C iL0 RnD0 l ss. COUNTY OF PITKIN ) The Toregc inq inst nunent was acknowledged before me this irt~~ day of Octobcc, 1974 by John P. McBride. Witness ni}' hand .md official seal. / ~T U. ~cl'7 1 Dh~ ccm;»tas i:~n espirc=s: ~'~~1-.U..y `1~ ~ `uC W4L'L~tiv-- N y Publ.rc ~ "~~~~ ti~^ovner in fee' simple of all of the land a . ' '' .:< " r said; First Amendment to Aspen Airport Business ~ _ c~ ~~ ,~ 1„_~ad so platted including a portion of ~, ga3j;4~`'g• Streets (labeled "vacated" as the same are , $. ~"~", '!on said Ffsst'Amendment), does hereby declare and ack- .~ -. ' ',edge that all of the land formerly comprising said streets s+`and shall hereafter be subject to all covenants, restrictions, and limitations contained in that certain Declaration of Protective Covenants For Aspen Airport Business Center, dated June 16, 1971, and recorded June 17, 1971 in Book 255, at Page 916 in the office of the County Clerl: and Recorder of Pitkin County, Colorado. 2. Except as herein extended, the Declaration shall remain in force and effect as written. a~u~7? ~r ~~ ~~ Paz ~LL504 aY irdr d t-, ~&Wd P Ib 1nPr4 ~' Y asii d11b~ ___~_ ali~M ~ C W Eaaa ,egad hetxean thn a~mer of the hereinafter ,icserihtd r~yr0~,tirad Lfa aed__.. 11ICR_CC.l1N.TRY._I.IIMBER_.C(1t4PA~lY....____ :. Y MIlIf1 r d a,W snea+n<no, +aid. claim of lien ad+lnet 4 e fullo..i~y: dr.criln~d NAMt lAC6 P & Q, BLr K 33. As en (lA ,. L7, FLocl: 33 Hallow),. ae rec rrded in eke rrcords oL the Pi[Lin County Clerk ar! Recorder in hook L83 of paEe 44. is herehy released m:d tha ~ ~ -~ ' .fc"'_+-ti~d "~ r+'from i rn r~arsess Lcntr+: r .: r,,::.. • ,~+.~i u::. ;;ls.t.._._.._... a,r ot_.O.ctolzsx ]a..Z4 `.tli~ll (;CZIL'V'fRY MRER COMPAN'~ ~, ~nrhohy Maz a, A o e~ for t'i;:L !"'.n: try Lumber .o par p ~. ._........_......_ ........ ............ ...[SEAL] I~ ~. 9'A '. ~ i01 .::.t P. ~' Zls[ October ~ !' 'fhe ..:; i"a : . ,. ;:: ~,.,,: ~. ..., .li, _... . _._.......day of...... . 14. _. Ise R I. I' j;. TM1 °:II. lil'18~s'%Ot'+O:'il ~]• u.'pC. '.:: ...--..~- 0•:.14::e.v:Gn.n.L Paum.i'.ILlr~wtln l5i0.iN 111-.+q~ ~___ V V 1J V • V POC~r" C~p(~ 1 - i--~`a ''~ a x„n ~ ~,:. ,:. • ~a ~. aa~~_~ ~^~~ ` ~ ~~~ j 2 _ - -. , -~ ~ l . R ~~ ` ~ ~ ~ f .T ~ t, . - ry ~~ia y, ~ n m A A ~ g P {• ~~~ 6^ ~ I s. Y°- ,. 00~~'~79 mot- ~Pc.7 valves h shall pen shell ngineer- bove the map ion oc ~' "' eo tMst wat+~s aade~~ttia' preasu;b "'~ ~!'' ee-arW~~ eti!„ delay •ttes coi`pletiau o! laid M •i- IW desozibed, of Coen Lo coatslbato to' Ci-e, ooi~t of construc- ,u, vM ~ ibdaeed by tba stag of ,50.00 for each day of d~- '; +rtoo"iopt vbers each Mlay is caused by Was; •tribs; other stets of force ~ajeure beyond the control of thsi Ceater; or by unavailability of rights of vaq or late delivery of ssatariaL . Thr data of final cooplecion ;hall be daterssinad by Mpen's coasul[ing engineer hereunder, and Aapln shall notify the Center in vricing of the date of completion and acceptance of the entire system. Within thirty days after the giving of such notice, the Center shell deliver to Aspen • proper convey- ance covering all of the pere~~nal property lncozporated 1n said system. The completion -..a a shall be autoYtically ax- tended for a period equal to the duretlon of say delays attri- -butable co one or more of the above-d«acribed excepted causes of delay. An;>en shall provide voter to the project under sufficient pressure nt such tier; ae [he projtet has been approved and accepted by Aspen.. 6. Ohi[gation of Aspen to Contribute to the Coat ofthe Project. Aspen agcgea to contribute to the linter the gum .,f ~. ~ - - ~ ~ ~. as Aspen's share of tht oost of the _ _ _ _._ n~;inRn j~oo~- c~P~~ ~~ i __~ v{~; n entire protect, dsacribed in Paragraph 4, vhLnh contrL- butlon by Aspen shall be in the form of Aspen f~-nishing all water tranamlasion main project•materiats required in engineer's drawings end specifications. In ~e event the coat of the s~aterials ordered and paid by A:oen exceeds the coat of Aspen's con[ribution hereinaboce de•_ribed, the Center sha11 remit [hc difference to Asne r. ~. thin 25 days of Cer billing to the Center by .4s pen. In t Y event the cost o: r. ater talc ordered and ~a id 5~, :,rren i> i~ss than Aspen's contribution herrinahr-e :e~-;, _.ir.~~.: •; c~ shall remit Che dif C~rcnce Cn t.`: ~~ fin t,.~r :mo .t ;:^mp.1e[ion and aece~ cane~~ ~ .,~~. pre '.-_ _ - d.pr^ _:..,:~; ~ _. .. ~ ... - ,. .~, r: main material. r„~r:~i„ ... ; _.. ~ .. -,.~ct::i- Callon- ~.`>1i1SL!~.'!Y~ -•^CC Che ..^.~C311a- _i .. •. 3[icn5 c .,:c" .~:'.1. _ c:~r„pte- • .';iii . ..:~;1 !. .. .e ...1~-asr:v- 0~7~~1 ~aor C~~ t~~:~iM ~/ (JW O(~f~J82 ~HNj't4'sF k3 YR ~ ~ GoatclbuGiona'nd conveyance S prfVate lauds of others need..-: ~~`` '~:ag~+eea Eli prm*ide, without cost [. s~hEa of-vsp aacoss the lands cnvered •~;•,_ CepieY aball be responsible for nbtain- o~'ti+i~-across and beneath State Highway 82 ;:hir!1 g ~ Co bring velar service [o its adjacent land. c~ ay{+F~IeYlateral mains, which aha11 be lns talk.; ~3gseuee`of the Center. t„F.~ 12.- Dsa of Distr ibu[ton Lines. I[ Ls enders [o,>.!, f e with Paragraph 9 of this Contract, shat :\=prn 'orn, operate and control [he entire water s~s[c:;. i~(t.., . h Pazagr aph 4,. I[ is antic ipx[ed chat addt[ional ~i=- ~ . t1K~bubion lines may be constructed connecting [o [he .r u".~- a'iiammion line which lines gill Likewise be owned, opo: atca controlled by Aspen. - 12. Char¢es c,~r 4later ?ads. .t is agree.! ci~.ae :'. . Shall always.x entitled :. ,xke its standard charts i„r water tap connected [n :ra• acs: en, described in Para:rap.`. end arty aliens ion o, rte. i•~a::s icn of sa W~s~-s [em, an' ,t~ :t~L~'t such char¢es ,__ ., •:n. i~. 1: ~J`[•. ''~.c ChC f,ea[t'r 1"OC. i[i~h 1! Char3es. I. . t~rtr.r: .1_recd :ta;, in addLrinn t~ it_ u, .-. tap teas sr r:.-..de,+. ... f~.+: .w r.l!.: r,ti ne;; .!.a11 r.;-.,I r: ~ .~.. 8ud1CIiJa{I C-.c :.: 9,. ..3te: ::~ ~~'n:1C~tCd b: a'1l" ?C - . xhLtt i^, i.,, .. ... ... ..a. CP .".e ctt•r, i P. _. .. Parx~zrap` .. id.1.: i."-~1 c`ar:r ~~ali 5e ma.!r i:.r ,. t:::-.•. .,. _~- ...: a[c'~:. .ill be instal; - •--- .. ...i c ... _.-., tCe„Ile n. _.-- is t: ~ i l l , L ~~ -. Y G(3u~83 Poor- ~~ ~d •d 'NY'_ t Y Y M _ a$pi S ~ j t ~ ~. }~ ~ sue{ ~ Lam". :~ W, aE` '~RA~# ~~ i~'•1'~ C.ORCracN') :`. ~~ 'hilt t~.LX o! 11e~au, iiolorade (!'Aspen") aa~ '' ~ rt'EnallMlro Caotar ("the Cwtaz") o I 1 ' . Ptslrace. The parties hereto have entered lnt this. Addeodtee to specify a aechmiso for coepleting certain laconplate portions of the above-described Principai Contract, and hereby incorporate this Addendum into, and make Lt a part oE, sa id Principal Contract. 2 . On or before October 30, 1969, or within ten (10) days after delivery by Aspen to the Center of the complete - plena and e ~eclfications for the prcject, whichever is later, [he Center all obtain bid, there~~~ for the project from re- putable wet main ccnstr::cti~r. c,r.;cra~[rr~ experieiced in construc[fr water vain prr~~,;- ~.r~:p~•ration into Aapen'n water evst~ "r.r ~•:::~: ~ ... ~-<ri .rr 1Ln+Lr alternate fixed cunt rct p: i; • .. .. ,r r. rte: ,ruction andin- ~:.`1ec: ~i:u lud ing all ... ... .. ~ ..n.! :r.rt. vials) as an - .... rain ~r ::runs ton faa tailed , i11C L"C wa Lei [o Che ,•~nrv;::placed >y the ~trueti~n of the ,~n;~irn p-oject r.prr•: ision and ^,a;,? the !'r-:ncipal .. .~~ °re:nent a an ..: ~ '•'_ For- t .e purposes _--... _. ' ,rl hen , f which - '. ... ,•f r qht inch .cir'. equai .,.. r inch - ~ .. .~ .,, d however, ... ,•r; 1~rcuee; an eiKht r~ ~ .~._ ..~., ~,.- ,= ~:~ -~.._ __ . 2~ `t $R`i ~~~~ ~Ia and tua+nty four inch voter mein shall n,+r -~~~~. titan ~1Y,28, sad the samo shall become thr .,n++,.+:~, s,~~`JSigtb_cQrQlete the blanks In the Principal Cantracc. ~. (a) In the even[ Chat the bide so ohtain+~.': fell. vi[hin the above-duscr abed prr ~~ price ranges, the difference br[we.r. c~,+ - tvo total bid pr lees shall be air rr-n:+l dollar amount of Aspen'n concr i~+utt.:n ~.._.~. Paragraph ti of the Principal C.+ntra.-c, ~-- ths per lineal foot price oT thr ri.l-: main, as so old, ehr,ll lE [he aoe u:nt "bid price for an r.t~ht inch w~acor :,.~~::' as that tern is caed in Para~ranl: !+ . the Pr ihcipal ('sit rart as chr `~.+=i~ . ca icularton cc thr s,:d[t[nnal ;: dr„ he celiac ce.~ and .. ,,^itrrd .+~ [r,.- ., .. !h: i-: .Ci e-rr~f :h.at :cur ,~r h+:(!' ~ .. I _. 3 : C .. - , .: t' : (: is 1 d i r .. ~': e ti r i I'. __. .., ,, ...'p..+'. ',e -an Ae. .P., .. .... . , .. ; i ~ ~ + , ~ r tart - - , i . .. +. ... r rar. ~.: +~" "' O t~ s~ ~ s 5 ~ocx- coP~ ~~~ ~ Poor- c~'I~ 'AGE JU ~~ ' ERLINE AND CONVEYANCE OF SYS4 "• -FOR'-AND IN--CONSIDERATION of the sum of One Dollar in ';' ~paia=arta other good and valuable consideration, the receipt k ~+e£' ~tiich is hereby acknowledged, JOHN P. McBRIDE ("McBride"), t}t ~ox,1840, Aspen, Colorado 81611, and ELIZABETH H. PAEPCKE +,f~ 5 . ~~~S.~V'r SPACHNER, of the County of Cook and State of Illinois, r ;. - '?. ;STEPHEN McK. DUBRUL, JR., of New York City, as Trustees of ~,th8 WAhTER P, PAEPCKE LIFE INSURANCE TRUST, and JOHN V. SPACHNER, g ,~''b'~1so .known as J.P. SPACHNER,-individually, all of whom are here- ~ - _._ ~N~ •~':=inaftet• referred to collectively as "Grantors" have this day z-l- ... -. -- -~~ bareained and sold and by these presents do grant,-bargain, sell, ,,; .- r~ - -convey, transfer and deliver unto ASPEN METROPOLITAN SANITATION , '-. ~ DISTRICT, a quasi municipal corporation ("Aspen Metro"), a ~` .permanent sewer easemeul 10 feet iu width, being 5 feet on each side of the tbllowin~ described centex•line, including the pL~r- petual ri;;ht t.o ~•ous lruc ti, install, x•econs tract, maintain and repair, opera le, cl+.:ni~e or remove, underground collection, drainage.oc disposal lines, i^Ccrcepting sewers, oxitfall sewers, trunk server=., anri equipment and appurtenances thereto within said c•nsemcur as ftrs pen6Setru may from time to time elect. Grantors further .;rant tU ~\.~•pen 59etro the right of ingress and egress from maid oasentenC aver :uui across said lands by means of roads :md lanr~ Litervi u. iJ~ such lhet'e be, otherwise b•y such route Or• roui,w :... ~ha 11 no.~:xs ion ltxe least practicable damage and incon- ~'rn irn+~~~ iu ~; r;ux Ca rs. Grantors reserve thc• right to uti lire and r!i,ie~~ tlr+• ah„vr dr=. cr ibed real property prov idiug the same shall n.u ia,,~r:',•rr with the construction, maintenance, repaii•in;;, ut-~+. ~,~; 1,•n :n~~l ,+lzc+rai ion of ^iiy such sewer or line. ~ ~ i1 ~ g 7 ~ Uf CC~(J~ A . -...3.=~..k..m,-m..e.,~.m ,..,.n...~ , o, its tle said £x I ~, ~ :~ ~~ ;. ~ ~ fey . ~F~~, _ - lY~=~~adFd~inaddition to theabo`ve giant-of `easement, om do hereby grant, bargain; sell convey tragsfer ?.~~e 1'vei`~~un`to'd'apen Metro thesewer line and mains; and all ~i~~dre~,~•devices-and related equipment presentlyinstalled in- -~ ~ :"°-the"'easement above granted, and any additions thereto as may be ' 3nsta1led~}or addedby tliesaid Grantors or any~bf them:hereby ~, vestingin Aspen Metro title to all of said sewer lines; mains, ~' fixtures, devices and related equipment. ' yc - ~ ~ TO HAVE AND TO HOLD said sewer lines, mains-:, fixtures, f devices and related equipment unto Aspen Metro, ttssuceessors ®'-~ ~. and assigns forever, and Grantors for themselves, their heirs. id executors, administrators and assigns agree to warrant and. defend - - title thereto. s Aspen Metro for itself, its successors and assigns, goads agrees to reimburse McBride for the cost of the abovedescribed to or system as follows. For a period of 20 years from the date of incon- this Agreement. Aspen Dtetro agrees to pay to McBride withrespect :e and to each tap hereinafter connected to the above described 6ystem shall at the time of such connection an amount equal. to 35 times the " moutttly user service charge then in effect and applicable to -2- ~~ ~. .~ t t t 1 P. S C t li'ti1~J88 - _._. - ~~r CO ~~~ _ _ _ ~'~~1O8`J Per ~5 tilo`~;, provided however that ev'to McBride shail not exceed his 9th - day of October , ~ t a: a ; } lJ,a ,t' ~~ ~ F , y ~ in ¢ Y ;R'~^ ~..; l 1 ~~ Stephen NICK. Du13ru1-, fn., As T. ustees of tqe W.4 LTER P. PAEPCKE LIFE INSURANCE T4UST I ~(A ~ ~. ~ J V'. ~Spacutlr, indi ideally ,ASPEN M1IETROPOL (TAN SANITATION DISTRICT EY ~ n ,'i ~ I is ~, ~resi ent- -.-= Secretary STATE Cc/I/ocQl ) COUNTY JF h•X~'//~ ) ~_.. The I'orc.~in~ instrumenC was acknowled;Ca1 beYore me tlis l~~ day oC [ .. 1970. by ~iohn P. NlcBr ile. Y~+tnc.=~~ me hand and ul~l'icia.l sea/l/. p [, 14• rvnnn f:~"„n r;Pi r~•s;~LO+Gi 7. ~17~1 H COHPANY, Eight tion of which the Company, its sore, assigns, leases aintain, replace and to time require, and surface markers, Lch the undersigned tg described strip ma eiva~ta .7 teet:: in width :oa each ede':-af a center line BeginnliSg at a point which lie are 5,26°20'E. a dis ranee of 2982.3' - F'ihe NB,!5 of Section 3, Township IOSOUth, Range 85 h:esc of ii~an, -.thence N53°48'W., 179.21';' [hence N,71°43'i1„ 46.88'; i3 ~. to a point 'which bears 5,22°38'E. a distance of 2756.5 feet ,. W a'a trip of land Five (5') feet in width on each side of. a center line fC3loigt Beginning at a point which bears 5.21°47.5'E., 2401.7 feet . egraer of tfieN.E.It of Section 3, Township 10 South, Range HS Vest of 1pa1; lfeiidiaa; thence N, 31°26 ^2,; 229:15';thence N,43°27'Id„ 40R, 73'; W'M.y.183. 88'; thence N.25°40'12., 283.65'; thence N.20°20'W., 153.0'; 0-'W,; 28.28'; ch¢nr.¢ [J. 2?O46'ta., 500.0'; thence N.17°23'F.,, 2R.2R'; 1TW.,-720.54'; thence N, 30°5)'41„ ]2,ff.5' to a point which bears. die CSnce of 315.34' fron+ said N.Id. corner, ~• Alao a strip of land Five (5') feee in width on each side of a center line d$aCilbed as follows: Ge ginning at a point which bears 5.89°52']d.. a distance of. - ~15.34' from the .5,1. corner of [he S,LJ,!% of Section 34, Township 9 5ou[h, Range R5 ,Wait of The 6th Principal Fte ridi an; thence N, }poSl'IJ., 223.51'; thence N.18°40'W., 23)9.91'; thence P.27°34'x.; 422.42'; thence 1J:26°00 hJ., 174.79'• thence N.41 °13'IA„ 175.61' 1331.62'; t. o p:i ~,C which bears K.4~~!4'k. n distance of 1767.35' from said S.E. fl coiner, County of Pttk in , and stn to of Colorado ilt., _ ~, _ 1'n is Frant auJ cou v~ynncc al~~ provides and includes the following nigh is for [he gran tees: of r eyes. and at;ress over, along and across the land onmed by [he undersigned co and from [i:e ab m+c Jes cribed strip for [he purpose of exercising all rights herein gran eea; cn r'e ar and keep cleared all trees, roots, brush, and o[Lcr obsCrueti ona fro z. t1,e surr::m nn a. soh surface. of said strip. The w:d~rsieneJ ..r„u t., r, anJ [hc un do rsigned's successors, assigns,and l osseus, sl:.tl1 he. •:c r'~:,~ *oilo++inv. r-his which are hereby reserv¢d; to use Che - uurCace are ,~ o -_ _... ..xnt and the property upon which the easemr_nt is located, such usa tot ...J~ t err-.mir of Yen ces, providc,l, however, that no such use ~+i 11 in tc rf.•rc ~,i ti, :~; ;ia:e.~.cr tee cor:muni r..ntien system of property of Oren tee ltiti to llod pur¢ua:~.C ,.• Ch is crz:nt or wiCh tha r..ain ten ailCe, T¢p a1 i,-an tl T¢planemeilt of ::a i,i sv:: tc r~ ~,. nro:-.o rte; to renuirc rcas onaL le relocations of arw mark:e rs n]aced ~~ml C.:.. , •,.-:[ ,f ~'np vtd casement rte reby granted. '. r.c~.t o.- -:. nr 111~t tiro said commuu ication systems shall he oriP.inally placed at I t tl:l rt- (+'t"1 inchc> deep in order to reduce the possihil.i.ty of i.n to rfe eon o_ ~itn t'n. .•rd in:n~•• and reasonnb lc use of [he grantor's land, and to reimburse the nw~ner .,,- .., r •,.~. L: :.:,a re,=•~l tine from ,cran tees use of the surf nee, and for damage:: to -e;: r,'s, _. ^n.~in- rrnns rn us eel h~• or aril in_g out of the construction and - ~•, -~•~ ~~. ;.~~inr, rr„lwer :,,,ten t, re pole or removal of telenh one (acii!.U ee, C:r ~r.n-.- ra~ to restore Cac surface to i.ts previous condition as ne arl.~ _= po:a in: :~.n;l ~,, rricniar lv, hu[ with nut limitation, agree to properly , ~ ti'.+ ,, ,~,.. - _cn•.u!ons, promptly removing coda, brush and debris; ~, •~~ , ~~~ i:rca ~lovatton after settlement, as soon .as nrac tie able n:p':`.. ......:. -,-.. =r,.~.,..,,r ~.. rcp!aced feu ces and irriga[inn ditches immediate h• .~._ ,..t. ,. ' ~- ~ ~ ~.-~ ,. .' cz; s~` , ~ ~:ansc<s ary interfetten ~e ci[I: sur`a ce usas; . ~- ~, 'used upon cran tee s ne cli cent i+perntinn C~~~J90 ~~ ~~5 ~: -~ ;.a, .- 3 ` :+ e %~ €h ~ ~S;ATE OP ILLINO ., •,,,. '~ - Lb1)N19L OF CODK is ` The f ` =this 3 ' ~ da7Y ~~ . P ~ ~x'. My c : ~~ ,~ , - r ~ ~' ~ " WITNE ;3 ~i "' »£; i Y ~.~.: §\. ate'' 3 ' r• ~' ~~ ' ~~ ~ ,t 4 UaW ~ V _ 'res, 3u l~r~ - d € aelmealedged by ELIZABETH H P , r,as - ~,.r ~ Lffe Iri~orance Trust, ~elis 3d--~ d ' '` ~ ,a sr;- , L ~ r' j • ~ ,( ~ '}~h~r l ~ . !hmda4d official seal. ' Notary Pub'c - 1 1~ '°F~ ~~'~, °° i~ _ ,~ bA Ikl,I270I5 ) }~ ) as - - ~ b~ CdOR ~ ) ~: t ,,, _ 'Tha foregoing ins crument Jas'ackn owledged. bX J V,. SPAININER, as Traastaa f ~ Walter P Pae eke Life I T t hi ~~ - ~ ' ' ~ .. p nsurance rus , [ s day of 7r~ ;.,, f. G ¢q~t % ~-. , \ ' L ` ' I v ) ' / ~ i. MY cowllisslon. expires: _. `' - r ~: vi>;:: ~.. ~ ': ® HITNEfiS mY hand and official seal o ' g ~ ` ' L a _ J~ , ~ J ' - - ~rrrl b ~ - Notary ! 'j qF 1 me .:, t. co. . 1 as' - '.STATE OF LIEW YORK ) ~ ~ ~ ' waER [ [~e~- ) as COUNTY OF NEW YORK ) 'ER SECtI Or_ . A( ~ A1'/ Leable lately The foregoinc instrument was acknmfledge by STEPIIEN MCK. Di1BRUL SR'. Y f Trustee c, [he Flal[er P. Pnencke Li Fe Tnsurance Trust, this ,);` day of ~EZs -i. ~ .. -: :LnDN ; uses: , __ 19 ~•_: •. ~. `. owNSwv /:. retion ;Iy comnissien esnires: ••.' -'_ y • ~ ' `' ~ '- I:ITNE.S me hand and official seal. • RAN4E 1 ~ v ".I . - -- ___ _ '„` -- ~ ~ ~ -- ~ ... i IINCIPAC [~ ~ ~ NCId^. - ,. N8C8Ly" p.~~~ ~~ :[MANGE SOLL LIN ~~ ' um ... "- .~una Expves Mm~lr 30 1911 LODE, 6URIED ! OR COMDUIt ~~~~~~s: uatee is'. r Ii ~~~' :~.. p ' J ~~ ~r. ~, ~I u0AF5 .LCD. ~ MBER . '~ ~ 'I'~ - ~ .. G~A. aF:C q.~ _tII ,,. i - I ..i ~, F,:r <cR rn ... _. . ncE FES! R`ED FOR RECORDER'S CERTIFICATE -.. ! ._ I' August 26, 1974 Rene Recorder. BOUY~~Q rAt,E~lU - R E S O L U T I O N ~+~ s WfiER~BAS', there is located in Pitkin County, Colorado, a c, ,~ aubdivis1on known as "Aspen Airport Business Center" wherein a portion of the roadways have been dedicated to public use as n „:- ~, :: _.~ moo particularly appears on the plat thereof recorded in Plat .-; Book 4 at page 188 of the Office of the Clerk and Recorder of Pitkin County, Colorado, and ~L, ~ = WHEREAS, all of said roadways have been constructed, repai.rrd t , '; s." and maintained byothers and at no expense to the County of Pitkin: ~k ~' - said roadways service only lands encompassed within the Aslwn t~ Airport Business Center; said roadways a_a entirely within thr County of Pitkin, State of Colorado, anc' no part thercoF Forms the boundary of another County, City or awn, r.or .ure. they situ- - ated within the limits of any City or T~ n; and ;3 vacation o. portion of the roadways would not leave ~.ny Lind a~9joinin~i t-hc same without an esta~lished public road connecting such land to another established public road, and WHEREAS, there has been filed wit: the Board of County Commissioners of Pitkin County a petition request.ny that portions of "D" and "E" Streets located within ~e Aspen Airport Business Center and labeled "Vacated" as the s: > are shown cn the First Amendment to Aspen Airport Business c eer Piling No. 1 recorded in Plat Book _ ~ at page ~ .o of sai records, which petition was signed by the owner of all lands hich are serviced by said - roads as of June 27, 1974; and • 0~~9J93 e~iKzso. ~~t 5~t :~ ~ . =1t appsars to the Board of County Commissioners inty,!COlori+do, that only the petitioner as the laid serviced by said roads will be affected by a paid roadvayB therein; that the rights of no other be prejudiced thereby; and that it appears to be in :rests of all concerned that such roadways be vacated. ' THEREFORE, BS IT RESOLVED BY THE BOARD OF COUNTY OF PITKIN COUNTY, COLORADO, that those portions 3"".and "E" Streets labeled "Vacated" on the First Amendment spen Airport Business Center Filing No. 1 recorded in Plat at page ~ recorded in the Office of the Clerk and .:Recorder of Pitkin County, Colorado, be ar3 the same hereby are vacated, subject, however, to existing rights of way and easements for continued use of existing gas, water, electric and telephone Facilities and ditches for water carriage. BOARD OF COONTY COMMISSIONERS OF PITKIN COUNTX, COLORADO By Joseph E. Edwards, Jr., Chairman STATE OF COLORADO ) ss. COUNTY OF PITKIN ) y.y~The foreg ing instrument was acknowledged before me this ~(,~ day of 1- 1974 by Joseph E. Edwards, Jr., as Chairman,Boar of County Commissioners of Pi+_k in County, Colorado. i Witness my hand and offic}al ~s eal. My commission expires. {~~~b/' / 1, i; ' r No pu is ~. ~ ~..-,,, P' t -2- ~ IaG, ; o "~. 0 .. C~af)~ i 4 ~ y'Y ~Ff '~ r i.,,,,.S1L~dl~~91~'~~' ~ - GENENAL LAND OFFII,E ,,\ll\liRAL CENTIFICATE No ` ~ ~ THE UNITED STATES OF AMERICA, "Co all to whom these Presents shall come, Greetin; WHGRGAS, In pursuance ofthc provisions of[he Revised Statutes of the united States,Chapter Six, Title'Phirty :wo, and le ig~s;.::ior`aupnlergental thereto, there have~~eedn deposited in. the Gnsse,~i. hnNn Ut~F~ce of the lJ~n/iJ~ted States the Platand F"""i''"el~~/d""' Notes of Survey and the Certificate, A"o.y_"gffy.pj ~____ _, of the Register of [he hand Office a[,L!~/~!~!?yT-°-~~~~--~.'~~~ in th ~ef ~?.f':'. _.__...____of..:(~!4~F:~7"Lt-lr~¢_.__.....__.__., accompanied by other evidence, whereby it appears that < ~~ ~~~~ o~~a~ ~ a ~ ~z~~ eu~ «~ , ~' ~ ,~ ~~ l~ ~~ did, on the~L~`t/G4CU (2:~~ 'ay of .!1'Cl~f~~!-~~---------~. D_ ~5~ 'r?, d~/uly enter xnd pay for~[hat certain ~ rencsa mining claim and premises, designated by cbe Surveyor-Genern] as hot ~ No ~A_~Yi _ ~~d1+ ~G~ ~_. /J~ ~~~~~~~~ ~G/-v/i~Gti~y/Q-Pit-n ~~~~ ,~~ ~~~~~~~y/J _______________________.. 'n the _~!(.O /~~ g ~ / ~ , /,P~r~ti G6~r-R~ /7~Au~p~~.ati-a , l~-rl2 ~12t~~r~ ~ Z~L ~ /~ ~~s;~~/N~~L7~rk~ ~ ~~~o ski' ~Wd, /~ ~~ • ~ ~ ,,,~.((~~i. (LL~______''_._.___._.____._____.__________ Mining District ,-~ ~if.3 the Count -of __31~r-/G!l/-~----'-----------------~--'--'--'----------------'--- - - -'~----'---- ---'- _ ....__ ~//f . _. . of .~~~~_. in the District of Lands subject to Bale at \/1~_~.'_ __ .___~y~y _ _ O ..._ ___ and bounded, described, and platted as follows, with magnetic variation .rl/~i.C~_l S~4-G l~itcc~ GuLVz yA~,,~u~ p-a./~~//~ ~ /// / o \ Bectxr~xo _LCG~ ..?ti._.. _._U/[=~~Lt!/~_~~Y~~'PGL..I. ~___. _ - _._4'GG--_ ~~~- ~ ~ ~~~ 6_~~~~ ~~~~~ .~~ p~ ~ /p iLfvL o~jC'r~/~>«®~ ;~~ ,~ ~ ~rcrr~B~u~i ~-c> ~G~~ o- ~f~ ~~r/~yy.~ / /~!yJiJti ~iif'r~v` u`~a~ ~~G~o/~ /~Ga~ ~2,rv~ ~/' ,p/poS I D'litPi ~c-~ Gbrr~o~ ~ca,v~o.~G ,2ac~/- ~G mot;. ~3 i~ Ci7 ~,~" ` ~9t Cf~ , s ~' ~~ ~ `~i /l~is~'. `yrl2A~ Ntu.2aP, ~<w 1L~~ 67.~i r~ C~~ve.G we~~ ogre ,~ acl a~ro // ~ ~~..1 {~,~Paid vp s ~ f/ 6Gu~Q~~~~'r~,L P~ ~>t/~r~ j~ec Ge~~*/o 0 / o'l2G -e't;~~~L'?r lhr>G l°~M~.eC~ L~~I~ //p~, l"q ~ ,~ ~/ ~ ~ ~y~~/rGl/L ~////, ~ ,~A~ aG ~/~T~~. tiP.CiL "LL~GGN/ ~ ~, ~°Lw~ ,/,A~o J A f~ / ,~/ .~ ~~ .. 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DRIVING DIRECTIONS FROM I-70 EXR 116 (CO-82/ASPEN), HEAD SOUTHEAST FOR 37.7 MILES TO ASPEN AIRPORT BUSINESS CENTER, TURN LEFT AND HEAD NORTHEAST TO FlRST RICHT AND HEAD SOUTHEAST TO SITE ON LEFT SIDE aF ROAD. LOCAL MAP .k' {: e.ew': a ~l Sprint Together with NEXTEL ASPEN AIRPORT 304 ASPEN AIRP~RT BUSINESS CENTER ASPEttlk, CO 81611 D N 7X029 -A CO-0583 ANTENNA RECONFIGURATION PROPERLY 304 ASPEN AIRPORT BUSINESS CENTER ': ADDRESS: ASPEN, CO 81611 # ~~~~ LATfNOE: 38' 13' 08.84" N ,y;R~ IONGRUDE: 106' S1' 39.60" W la~r"° iwc",em~~l .. 20NING JURISDICTION: PRKIN COUNTY ZONING CLASSIFlCATION: EXISTING TELECOM CONTACTS PROPERN RICK BALEN7INE OWNER(S): BALENIINE HOLDINGS LLC ASPEN. CO 81611 TEL; (970) 925-4440 ARCHDECi: RANDALL STEINKE (MACTEC) TEL: (720) 280-7093 FAX: (303) 292-5411 EAWL: RLSTFJNKEOMACTEC.COM SDE AO.: MIKE McCREEDY (MACTEC) T0.: (303) 273-3024 FAX: (303) 292-5411 EMAIL: MKMCCRETDYOMACTEC.COM APPROVALS OE7A1L5 print' Together with NEXT9. all tYIERNE55 ORI~ scuru [xc[[~,rcq Eo Eonz ERICSSON E3~ ~~. ~R~E /1MACTEC WC1EC DEVELOP4EN1 COAV. H053 OEHJER MLSL P~0.RW~V SUrE 300 GOIOEx, CO 80101 rEL (30.1) 2]8-3100 vAx: (303) 2]3_3000 IPl:accr Na: eTee-os-,as roz) t~ ASPEN AIRPORT DN72XC029-A CO-0583 SD4 AffiEN ATPORT &15NEt5 CET/IDt ASPEN, W !1611 TITLE SHEET T1 QOulO2 PROPERTY OWNER RF ENGINEER CONSTRUCTION SRE ACOUSff10N 20NINC NETWORK OPERATNNJS CONIFtACTOR SCOPE OF WORK INDEX OF DRAWINGS INSTALL NEW CDMA STEALTH CYLINDER/ANTENNAS AT 24' MOUNNNG HEIGHF ON E%ISIING BUILDING. STEALTH CYLINDER ~. DESCRIPTION REV N0. SHALL BE PAINTED BLACK OR OTHER COLOR TO APPEAR AS A VENT PIPE. T7 TI1LE SHF>:T 1 C1 GENERAL N07E5 0 C2 LEGEND AND ABBITEVVITIONS 0 C3.1 ROOF PLAN 1 C3.2 SHELTER PLANS 0 ~ C6 I ANTENNA OETARS 1 0 1 + C7 I CABLE TRAY PLAN & DETAILS TO-I Sprint~~ Together with NEXTEL 1. THE CONTRACTOR SHALL FlELO VERIFY ALL EXISTING CONDTIONS µ0 PLAN DIMENSIONS, ANO SHALL IMMEDVSELY NOTIFY CONSTRUCTION MANAGER µ0 ENGINEER OF ANY DISCREPANCIES. 2. A 20 FOOT HORIZONTAL CLEARANCE SHALL BE MAINTAINED FROM ALL EXISTING POWER ONES. 3. THE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIAL, TOOLS, EQUIPMENT, TRANSPORTATION µ0 TEMPORARY POWER SERVICES NECESSARY FOR µ0 INCIDENTAL TO COMPLETION OF ALL WORK AS INDICTED ON THE DRAWINGS µD/OR AS SPECIFlED HEREIN. 4. THE DRAWINGS ARE DIAGRAMMATIC µD INDICATE THE GENERAL µRANGEMENT OF SYSTEMS µD EQUIPMENT UNLESS OTHERWISE INDICATED BY DIMENSIONS OR DETAILS. EXACT EQUIPMENT LOCATIONS SHALL BE GOVERNED RY ACTUAL FlElO CONDITIONS µD/OR INSTRUCnONS OF THE ENGINEER µD/OR OWNERS REPRESENTATNE. 5. THE CONTRACTOR SHALL FURNISH µD INSTALL ALL MATERLALS AS REQUIRED FOR COMPLETE SYSTEMS, INCLUDING ALL PARTS OBNOUSLY OR REASONABLY INCIDENTAL TO A COMPLETE INSiALUnON, WHETHER SPECIFlCALLY INDICTED Oft NOT. ALl SYSTEMS SMALL BE COMPLETELY ASSEMBLED, TESTED, ADJUSTED µ0 DEMONSTRATED TO RE READY FOR OPERATION PRIOR TO THE OWNER'S ACCEPTANCE. 6. THE CONTRACTOR SHALL OBTAIN, PAY FOR µ0 DELIVER ALL REgUIRED PERMTIS, CERnFlCATES OF INSPECDON, INCLUDING UnLffY CONNECnON FEES, ETC., REQUIRED BY THE AUTHORITES HAVING JURISDICTON. DELIVER CERTIFlGTES TO THE OWNER PRIOR TO FlNAL ACCEPTANCE OF THE WORK. 7. THE CONTRACTOR'S OPERATIONS SHALL BE CONFlNED TO AREAS OF NEW CONSTRUCTION. 8. THE CONTRACTOR SHALL RE RESPONSIBLE FOR REPAIR µ0/OR RESTORATION OF ANY DAMAGE TO THE IXLSDNG ACCESS ROADWAY µD ANY ADJACENT SffE AS A RESULT OF HIS USE DURING CONSTRUCTION. ALL DISTURBED µD DAMAGED µEAS SHALL, BE RESTORED TO THEIR ORIGINAL CONDInON OR BETTER UPON COMPLETION OF ALL WORK. 9. THE CONTRACTOR SHALL REMOVE ALL WASTE, DEBRIS µ0 TRASH FROM SffE µD DISPOSE OF IN A LEGAL MANNER ON A DAILY BASIS. 10. PRIOR TO THE SUBMISSION OF THIS BID, THE CONTRACTOR SHALL VISR THE JOB SITE. THE CONTRACTOR SHALL RE RESPONSIBLE FOR CONFlRMING ALL DIMENSIONS SHOWN µD THAT THE WORK MAY BE ACCOMPLISHED AS SHOWN, PRIOR TO PROCEEgNC WITH CONSTRUCTON. ANY DISCREPANCIES µE TO BE BROUGHT TO THE ATTENTION OF THE CONSTRUCTNNI MMUGER. 11. FOR ITEMS NOT CLEARLY DEFlNED OR IDENDFlED B1' THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL NOT START WORK ON SUCH REM WITHOUT HAVING RECEIVED WRRTEN AUTHORIZAnON TO PROCEED. 12 THE CONTRACTOR SHALL INSTALL ALL EOUIPMEM µD MATERWS IN ACCORDANCE WITFI MANUFACTURERS RECOMMENDAnONS UNLESS SPECIFlCALLY OTHERWISE INDICTED IN THE CONTRACT DOCUMENTS OR WHERE LOCAL CODES, OR REGUUTNINS TAIO= PRECEDENCE. 13. ALL WORK PERFORMED µD MATERWS INSTALLED SHALL BE IN STRICT ACCORDANCE WON ALL APPLICABLE CODES, REGUUTWNS µ0 ORDINANCES. 1NE CONTRACTOR SHALL GNE ALL NOnCES µD COMPLY WITH ALL UWS, ORO9JANCES, RULES, REGUUTIONS µD UWFUL ORDERS OF ANY PUBLIC AUTHORITY HAVING JURISDICTON OVER THE PERFORMANCE OF THE WORK. MECHµ1CAL µD ELECTRICAL SYSTEMS SHALL BE INSTALLED IN ACCORDANCE WfiH ALL APPLICABLE MUNICIPAL µ0 UnLITY COMPANY SPECIFIGnONS AS WELL AS LOCAL µD STATE JURISDICnONAL COPES, ORDINANCES µD APPLICABLE REGUUnONS. 14. THE CONTRACTOR SHALL SUPERVISE µ0 DIRECT THE WORK, USING THE BEST SKILLS µ0 ATTENTON. THE CONTRACTOR SHALL BE SOLELY RESPONSIBLE FOR ALL OF THE CONSTRUCnON NFANS, METHODS, TECHNIQUES, SEQUENCES µD PROCEDURES µD FOR COORDINADNG ALL PORTIONS OF THE WORK UNDER THE CONTRACT INCLUDING CONTACT µD COORDINADON WITH THE PROJECT MANAGER µD WITH THE OWNERS AUTHORIZED REPRESENTATNE. 15. THE CONTRACTOR SHALL MARE NECESSARY PROWSIONS TO PROTECT IX6nNG IMPROVEMENTS, PAVING, CURDS, GALVANIZED SURFACES, ETC., µD UPON COMPLETION OF WORK, REPAIR ANY DAMAGE THAT OCCURRED DURING CONSTRUCTION TO THE SATISFACnON OF THE PROJECT MANAGER. 16. THE CONTRACTOR SHALL KEEP THE GENERAL AREA CLEAN µD HAZARD FREE, DISPOSE OF ALL DIRE, DEBRIS, RUDBISH AND REMOVE EQUIPMENT NOT SPECIFlED AS REMNNING ON THE PROPERTY. LEAVE PREMISES IN CLEµ CONDITgN AND FREE FROM PAINT SPOTS, -DUST, OR SMUDGES OF ANY NATURE. 17. THE CONTRACTOR SHALL PROVIDE A COMPLETE SET OF AS-BUILT DRAWINGS, SWEEP TEST, CYLINDER TESTS, LIEN RELEASES, AND OTHER CLOSEOUT DOCUMENTATION AS REQUIRED BY SPRIM WRHIN 10 WORKING DAYS OF PROJECT COMPLETION. 16. CONSTRUCTION STAGING µEA SHALL BE COORDINATED WITH OWNER WELL IN ADVANCE OF CONSTRUCTION START DATE. 19. COMPLETE TELEPHONE µD ELECTRIGL SERVICE SHALL BE PROVIDED AS INDICTED ON THE DRAWINGS. INSTALUDON SHALL DE COORDINATED WffH OWNER µD AUTHORITES HAVING JURISDICTION. 20. THE CONTRACTOR SHALL VERIFY EXACT LOGTION OF ALL IXISRNG UTILITIES µD COORDINATE INSTALUTIDN OF NEW UTILITIES WfiH LOCAL AUTHORITIES. 21. THE CONTRACTOR IS GUTIONED THAT MINOR OMISSIONS OR ERRORS IN THE DRAWINGS SHALL NOT EXCUSE THE CONTRACTOR FROM COMPLETING THE WORK IN ACCORDANCE WRH THE INTENT OF THE DRAWINGS, 50 AS TO RESULT IN A SYSTEM THAT FUNCnONS FULLY AS INTENDED BY THE DRAWINGS. T2. THE CONTRACTOR SHALL PROVIDE STAND-OFF SUPPORTS FOR JUMPERS AS REgUIRED. 23. SEE DRAWINGS E7, E2, E3, E4, E5, µD E6 FOR ELECTRIGL µD GROUNDING DETAILS. 24. DUILDING OWNER AND BUILDING MANAGER SHALL BE NODFlED OF SfµT OF CONSTRUCDON BY THE CONTRACTOR WELL IN ADVANCE OF CONSTRUCTION SfµT DATE (THE BUILDING WILL BE OCCUPIED DURING coNSTRUCnoN). 25. USE OF $FMCE ELEVATOR SHALL BE COORDINATED WITH BUILDING MANAGER WELL IN ADVANCE OF nMETi NEEDED. ACCESS TO CONSTRUCnON AREAS SHALL BE ONLY AS DESIGNATED 8Y OWNER µD BUILDING MANAGER. 26. IXISnNG FACILfT1ES SHALL BE PROTECTED AT ALL DMES. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPAIRING ANY DAMAGE GUSED BY CONSTRUCTON OPERATONS 27. CONSTRUCTION ON ROOF SHALL BE PERFORMED IN SUCH A MANNER THAT EXISTING ROOFNG MANUFACTURER'S WARRANTIES, IF ANY, µE NOT VOIDED. ANY DAMAGE TO ROOF SHALT. BE REPORTED TO BUILDING OWNER, µD IMMEDIATE REPAIRS SHW.L BE MADE PER MANUFACTURER'S RECOMMENCDONS. CONTRACTOR SHALL UTIU2E ROOFING COMPANY THAT HOLDS THE WARRANTY ON THE ROOF, IF µY, FOR ALL NECESSARY ROOFNG REPAIRS. 28. BUILDING SERVICES SHALL NOT BE INTERRURfED WITHOUT APPROVAL OF BUILDING OWNER µD/OR BURRING MANAGER. 29. INTEGRffY OF ALL E%ISRNG FlRE RATED WALLS SHALL BE MAINTAINED. ALL FlREWALL PENETRATONS SHALL BE FlRESTOPPED Wfni LABORATORY-APPROVED FlRE STOPPING SYSTEM FOR THE ASSEMBLY THAT WAS PENETRATED, 30. EQUIPMENT LOGnONS SHOWN SHALL NDT BE CHANGED WITHOUT REVIEW µD APPROVAL OF THE NEW LOCnON BY THE CONSTRUCTON MANAGER µD ENGINEER. CONCENTRATED LOADS SHALL NOT BE MPUED TO THE ROOF DURING CONSTRUCTION. 31. THE IXISTING BUILDING STRUCTURE SHALL NOT BE MODIFlED OR ATTACHED TO WffNOUT THE APPROVAL OF THE CONSTRUCnON MANAGER µ0 ENGINEER. 32 ALL EXTEPoOR ROB' µD WALL PENETRATKNIS SHALL. BE WATERTIGHT µD ALL INTERIOR PENETRATIONS SHALL @E VERMIN PROOF. 33. THE CONTRACTOR SHALL PAINT EXPOSED ANTENNAS, ANTENNA MOUNTS, COAX, JUMPERS, µD JUMPER SUPPORTS WffH NONMETALLIC PAINT TO MATCH BURRING PAINT. J4. HOLES FOR ANCHORAGES µD CORE HOLES THROUGH SLPBS SHALL BE IOCTED BY USE OF A REPAR/SLEEVE IOCTOR SCAPlNER TO AVOID HffTING EMBEDDED RERAR OR TENDONS WHEN DRILLING µD CORING. 35. THE CONTRACTOR SHAD, PUCE RUBBER CAPS ON ALL UNI-STRUT ENDS. 36. THE CONTRACTOR SHALL REPAIR ALL METAL SURFACES THAT HAVE BEEN CUT OR DAMAGED BY REMOVING ANY IXISnNG RUST µ0 APPLYING COLD GALVANIZAnON. 1 GENERAL NOTES ,~l4c:C.WO. c0 4vnF ERICSSON 6S0] iEG.b ORryE PW10. iX )502a ~MACTEC ' L4'4TEC MYFLO~II~Ni CA4P, ~aacz o[xcrs rvr P:,gxwar sunE 300 GOtD[N, Ip BOCO1 *1: (]OS) 228-]ipi EAIf: (:a» zn-xco LPRQIECT NO.: 6TB8-08-1016 (021 I~. ~ORAwN BY: J. eunRACO ~~ A4 ASPEN AIRPORT DN72XC029-A CO-0583 SOf ASPEN NRPORf BVSINF55 cLNlm ASPEN. co elsll SHEET NAYS ~ GENERAL NOTES e SHEET NUMBER C1 a ~iJ'IJ? ~~ Bi Sprint• ~I Togetherwith NEX1EL m or„En.ryg mar[ scUU, F~+ra cxc.c. co ho:~.z CENTERLINE IP, 2P, & 3P SINGLE POLE, TWO-POLE AND THREE-POLE 5 X CC AIR CONDITIONING NEW FENCE AMPS INTERRUPTING CURRENT AIR AMPS INTERRUPTING RATING EXISTING FENCE X APPROX APPROXIMATELY ERICSSON ~ ASTM AMERICAN SOCIETY FOR TESTING ANO MATERIALS ~ NEW SILT FENCE SF AWG AMERICAN WIRE GAUGE GROUND WIRE G gOgR AMP AMPERE swo iEC.c+~ ocn~ n ANTENNA GROUND BAR suao. *x ~sczi t BTS BASE TRANSCEIVER SUBSTATION ~ PROPERTY UNE - . ~ BLDG BUILDING 8 C CONDOR (SIZE AS NOTED) LANDSCAPE DUFFER - - - CONC ~~ FUND BAR EXISTING OVERHEAD TELEPHONE OHT DIA, 0 OWAETER DIM DIMENSION ~MACTEC NEW OVERHEAD TELEPHONE pM DWG DRAWING E EAST EA EACH €w EXISRNC UNOERCROUND POWER UGp EL ELEV ELEVATION is~EOE~uEHa~iVnaKKn>v SVIIE ]W NEW UNDERGROUND POWER UGF (E)AY IXISTINGY ccw~n, co ecani EOUN. EOUNALENT ri. (]o]) nea mo EXISDNG UNDERGROUND TELEPHONE UGT (F) FUTURE c..: (yp]) n]-sow NEW UNDERGROUND TELEPHONE UGT GRC GALVANIZED RIGID CONDOR G, GRD GROUND EXI511NG OVERHEAD POWER OHP GA GAUGE PR0.1ER NO.: 6788-OB-1M6 (02) ,6 NEW OVERHEAD POWER OHP INALV ~XAN2E(D) KW KILOWATTS ffi EXISDNG OVERHEAD POWER & - OHPdcT - Lg(S) POUND S HOUR TELEPHONE NEW OVERHEAD POWER & TELEPHONE - GHp~T - LNA LOw NOSE AMPLIFlER MAX NA)(IMUM NEW COAXIAL CABLE - - - C - - - MIN MWIMUM CONCRETE ~ ~N)B HMASTER GROUND BAR N NORTH GRAVEL N/A NOT APPLICABLE ~ NIS NOT 1D SCALE SOIL OC, 0/C ON CENTER OD OUTSIDE DNMETER a Z/t~M ~N Pvwrt TOWER CENTER ~ D P/OHP ~RHEAD P07 SHONE /OVERHEAD POWER p(y,,pN ~ J. eUIIRrGO~N CENTER LINE ~ PITT ~~HFAD TELEPHONE CHECI(m fM: K ABBY PLATE ~ PPC POWER PROTECTION CABINET ~ REVISION Q SN SOLID NEUTRAL Q,P~ ~REi JST g NORTH ARROW ® saEG sowaE noN O: ;~t y ''., •sy~ SECTION REFERENCE ~'` SWTTCH !';tO - ®~ THRU THROUGH 5 D; DETAIL REFERENCE ® TIAA TOWER MOUNTED AMPUFlER ~ , TYP TYPICAL . EXISTING ANTENNA UGP UNDERGROUND POWER i ~ q~~ I'~!V nQ t1GT UNDERGROUND TELEPHONE 0 'II (V•;~ n NEW ANTENNA 4 V VOLT ~ •'•.. l~' \• e O WF V~FY IN FlELD `^iSS+r~.N L~a~ ~~ PDLE W WIRE TELLro POLE ~ w/ wrrH ASPEN AIRPORT ~ w/o WITHOUT POWER AND TELCO POLE ~( o PHASE DN72XC029-A ucHr POLE ~ CO-0583 ws ASPEN ANPORf &151N65 CEMFR ASPEN. CO 8/6it `~- n SHEET NAPE 1 LEGEND 2 ABBREVIATIONS LEGEND AND ABBREVIATIONS ~ SHEET NUMBEA C2 p~ G CJU? ~/z C~~J~ I N N g' fl E ~ Spring ~ k 5 g s TogeUlerwith NIXTEL •.... _... ..11•_6^_.. ~; ~ _. _.__- 11'-6'-._-__- o+. .e. ~a:.t -:un. c r c cc 6~~ t T __. __ t ( _-- ,•_D• r-Q• _ ERICSSON ~ ~ ti300 L[WCr LW+E tl Plum, a r.,o~+ b I a RACK RACK RACK ~ EXISRNG EXISTING iDEN RACK RACK RACK ~ E%ISTINC iDEN OVERHEAD HVAC EQUIPMENT RACK ~ OVERHEAD HVAC EQUIPMENT RACK HANDLER AlR (~) HANDLER AIR ~,~ N. u.c,ro oE1ELCPUCUI caao. ~ _ 1906$ DEhV[fi WE$i P.IRKNAY C __ _._. 1_ _ _ $INfE S00 ~ ~ ~ - LOLCEN. CO 00001 RIItR(E IOEN i I ' YEL (.103) 2)6-0Y00 EXISTING 19._6. EOIHPMf?!f EXISTNG •+><~. (DOS) na-s:rno 19'-6' I OVERHEAD HVAC RACK ~.) ~.__ - _L _ ~ _ .J _ I OVERHEAD HVAC HANDLER AIR i HANDLER AIR PRO,IEOf NO.: 6]88-DB-1046 (OZ) L EXISTING SPRINT 3'_O• EQUIPMENT ROOM S PROPOSED CDW EXISTING SPRINT Ep(1p(~(T EQUIPMENT ROOM (,Agg1~ EXISTING ~ ` ~ AC PANEL IXISRNG o 2/u/ TT1R PI]tWT AC PANEL RM, oAh uESrnIPHON EXISTING SURGE EXISTING EXISTING ~~ ~. d ~~ ARRESTOR TELCO ROARD EXISTING SURGE TELCO BOATtD ARRESTOR CHEOKm er. LL A88EY _ _ ~ QP90nrRE6/.~F e I ~ IX6TING ENTRY = ~ y •' `~ EXISTING CENFRALIO~R PIXOR~T ;TRY EXISTING GENERALUG I i PORT (TYP.J ~ D•Y_) E%ISIING METER E%1571NG METER ''' ~•~ ~.1~qr(~~ •~~~ EXISTING DISCONNECT • ~` I n ___._ _ EXISTING DISCONNECT .p~F S~ONA`•~~~\e'; t ASPEN AIRPORT ~ DN72XC029-A CO-0583 ]Ot ASPFN NRPORf EXISTING SHELTER PLAN '~"• `"~' _ Q 2 ~ PROPOSED SHELTER PLAN sI~T HNC ~ ® D® SHELTER GRAPHIC scALE GRAPHIC scALE PLANS a sKm NuuffR C3.2 ~ 1~; ~ ~~u~u COMA SECTOR 1- ALPHA CDMA SECTOR 2- BETA CDMA SECTOR 3- GAMMA ANTENNA MOOEI No. (1) ANDREW CSH-6516A-VT AZIMUTH 65' 185' 305' GPS ANTENNA MECH. DOWNTIL7 0' 0' 0' ELEC. DOWNTILT VARIABLE VARIABLE VARIABLE COAX ~~ LENGTH F7. LENGTH FT. LENGTH Fi. FROM/TO TYPE/SIZE L NE 1 ~~ 2 COAX CABLE TYPE/SIZE UNE 7 L NE 2 CQAX CABLE TYPE/SIZE UNE i LINE 2 COAX EIS Z LENGTH (~) FROM~ANTE~ TO ~• 6 6 Y1" 6 6 J4' 6 6 N/A N/A FROM TOP JUMPER TO BOTTOM JUMPER 1~, 150 150 13§" 150 150 1}§" 150 150 Xt" 30 BOTTOM JUMPER y,' 15 15 14" 15 15 X1 15 15 N/A N/A ~: REFER TO RF DESIGN TFIAPUTE IN SMS FDR MOST CURRENT ANTENNA TYPE, RAD CENTER AND AZIMUTH INFORMATION, ANTENNA SCHEDULE NTS C-0" x 4'-0" x y." GALVANIZED STEEL PUTE 1. THREADED RODS ON THE POLY-P11lSOR RACK SHALL BE CUf 4" BELOW THE BOTTOM CROSS MEMBER AND CMPED. Z. ALL COAXIAL CABLE SHALL BE SECURED TO THE DESIGNED SUPPORT STRUCTURE AT DISTANCES NOT TO EXCEED 3' OR THE CADLE MANUFACfUIiER'S SPECIFlCATIONS, WHICHEVER IS LESS, WTDi HARDWARE SPECIFlED IN THE COAXIAL CABLE ROUTING DETAILS OF THE SUPPLIED STRUCTURAL REPORT. 3. ALL MAIN CABLES SHALL BE COLOR CODED AT FOUR LOCATIONS: A) AT AFITENNA PRIOR TO JUMPER, D) AT THE BOTTOM OF THE TOWER, C} EXTERIOR PART OF THE COAX ENTRY PORT (AT THE SHELTER/CABINET WALL), D) INTERIOR OF THE SHELTER/CABINET. 4. ALL MNN CABLES SHALL BE GROUNOW AT: A) Ai THE ANTENNA MOUNRNG PIPE, B) MIDDLE OF THE CABLE RUN IF OVER 200'. C) PRIOR TO ENTERING EQUIPMENT SHELTER/CABINET (WITHIN 1' OF ENTRY). 5. CONTRACTOR SHALL VERIFY CON( CABLE TYPE, ANTENNA TYPE, AZIMUTHS, ANO DOWN-TILTS WffH THE CONSTRUCTION MANAGER IMMEDIATELY PRIOR TO CONSTRUCTION. ANTENNA MOUNT ISOMETRIC N15 ~MACTEC M1C1EC OEYSLOOMEM CCRa, 10063 pE~YR NE51 PµiCry1Y MR J6U car:E6x. co ewm nt~ (aoa) ne-nco rnx: (coal tea-sroo 1PR(YGCT No.: sTee-os-lws rostl~ )oRArm En: J. BUIffUCO ~~` ~CHECKm Bf: M. A9~Y (F 120 (TYPJ 10x10e}6' STEEL PUTS CABLE ROUTING OPENWG (CUT TO MATCH ANTENNA BlSE PLATE) (TYP. OF 3) ! , /~~~\ 3 GENERAL NOTES NTS C~~j? OB M 2" STO PIPE, 6' LONG `g•p (3) 14.0 MOUNTING HOLES TO MATCH ANTENNA 80.5E PUTE TOP MOUNTING PLATE DETAIL Nrs ti~ . C1 ANDREW CSH-6516A-VT ANTENNA Sprint" Togetherwith NEXTEL v6uutss c_.,n team ERICSSON 6560 LEGiC• OiM1i P.qY. p. !Y v>o1a TOP MOUNTING PUTE e 2' STD PIPE, 6" LONG ASPEN AIRPORT DN72XC029-A CO-0583 aaa ASPEN AterroRT eusxESS cENIEn ASPEN, eo ete11 SNEEf WYE ANTENNA DETAILS C5 ~l Sprint" ~ Together with NEICTEI. ~ , , , , ~ ^ 1 ~ !aa n.,:xu, s=_ : x:. so;::" EM1C.IV:U:a). CC tlCl l[ ~ I~ ~ I I' II 1 1- ~ I __ I L 1 ' I ~ ~ CW~"~ L~ I _ _ SECTOR 1 ANTENNA 7 OR AR ERICSSON snot ~tmc. wr.£ cux9, rx v»z+ ~ t p S t t S SECTOR 7 ANTENNA 10 OR C 3 ~MACTEC /. COLOR BAND TO BE 2' WIDE ON MAIN UNE IMCIEC GEl£LOPYENI [Oav i4asz CCYda w£sr v:aaw4v $ 2. SPACING TO BE 1" BETWEEN COLORS SUrtE 345 cO:oES, m eo<m ~ 3. COLOR BAND ON JUMPERS 1' WIDE W/ 1' SPACE ~ 4. START COLOR BANGS 2' BEYOND WEATHERPROOTTNG. +El: (n0nl zveamo E4x: (non) nn-xoc 5. SFART SECTOR COLOR NEM TO ENO CONNECTOR. PROJECT NO.: 6769-06-1046 (02) ~ 1 NOT USED 2 ~` NOT USED ~ EXAMPLE OF COLOR CODING _ NFS 6 P SURGE SUPPRESSION i - ORT ENTRY PORT KIF 0 2/u/ ToR PEFAIif SURGE ARRESTOR INSIDE NEW INDOOR 0 OOR REV DATE eESCRIPTION RACK MOUNTED ORAMN ew J. ewrRACO W/ 3/8' THREADED ROD CREC10:- eT: M. ABBEY ANTENNA CABLES (TYP.) pO Pe 6 SURGE ARR ~ CABLE .iF: ~OQ'P"'~R~ii ~~ d~ ESTOR GRWND BAR GROUNDING KR (TYP.J y7 4 ~~•. n p INDOOR-SEE SURGE VV'"'^2 ~~ ARR T p6 AWG (TYp) 4 ~?- _ n ES OR RACK DETAIL ~ t .:<j WEATHERPR FlN " GROUND COAK PORT OO C ., NASiER GROUND BAR .............. ,,,,,,,,,,, : ASPEN AIRPORT ~ (M~) ,,,,,,,a .................... CRIMPED TERMINAL & BOLT Ir RADws DN72XC029-A (MECHANICAL CONNECTION) CO-0583 d2 AWG BCW GROUNDING - ENTRANCE WALL/ROOF y GOWN CONDUCTOR TO WS T FEEO-1FiRU ASSEMBLY Ja ~~ NAPORi SS EXTERKN2 GROUND RING (TYP.) ULATEO GROUND ~~ ~~ BAR (COPPER) AsPER. co Btelt ~ B2 AWG BCW TO n EXTERIOR GROUND RING st¢AT NAME ANTENNA 4 SURGE ARRESTOR RACK DETAIL ~ DETAILS COAX CABLE GROUNDING DETAIL e _ SNEETNwe~ C6 ~~I1 ? ~~ N W E 5 PROPOSED COMA FSN1pfITM CA9NEf (IYP.) 1. GENERAL: PROVIDE ALL LABOR, EQUIPMENT AND MATERIALS NECESSARY FOR RECEMNG, INSTALLING, TESTING AND ADJUSTING ANTENNA CABLES FROM THE ANTENNA TO THE CONNECTIONS AT THE BASE TRANSMISSION SYSTEM (BTS). THIS SHALL INCLUDE ALL EWIPMENT SHOWN OR REQUIRED FOR A COMPLETE OPERATING SYSTEM. ANTENNq, ANTENpIA ~~ CONNECTORS, ANO FITTING SHALL DE THIRD PARTY FURNISHED COMPONENTS AS SHOWN ON THE BILL OF MATERIALS. 2. MATERIALS A ANTENNA CABLES: AS SCHEDULED B. ANTENNA CONNECTORS: AS SCHEDULED C. CABLE HANGERS: INSTALLED AT MAXIMUM 4~ SPACING D. GROUNDING KITS - AS SPECIFIED 3. INSTALLATION 0. ANTENNA CABLE LENGTHS SHALL BE FlELD MEASURED PRIOR TO PURCH45E OF CABLE, INSTALLER SHALL NOTIFY SPRNT OF THE OVERALL LENGTH REQUIRED. B. CABLES SHALL BE LABELED IN ACCORDANCE WITH SPRINT SPECIFICATIONS, C. ALL OUTSIDE CABLE CONNECTI(NJS SHALL BE COVERED WITH WEATHERPROOFNG TAPE. 0. THE MINIMUM BENDING RADIUS FOR ALL ANTENNA CABLES SHALL BE AS SHOWN BELOW OR AS PER THE MANUFACTURER, WHICHEVER IS MORE CONSERVATA~ CABLE IN AIR / CeBI F TRey INM C~OND ~~ 5' 70' %• 70' 1B" 1'S~ 20' 2B' E. CABLES SHALL BE iNSTALLEO WRH THE MIMMUM NUMBER OF BENDS. CABLE SIiALL NOT BE LEFT UNTERMINATED IN THE FIELD. BLE TRAY (TYP.) F. GROUNDING KITS -AFTER INSTALLATION OF GROUND STRAPS, THE CONNECTION SHALL BE MADE WEATHER TIGHT USING WEATHERPROOFING KRS AS IDENUFlED ABOVE. GROUND PIGTAILS SHALL DE BROUGHT OUT IN THE DOWNWARD gRECOON FROM THE CONNECTIONS TO THE AMENNA CABLE WfiHOUT ANY 51iARP BENDS (MIMMUM RAORIS 10') AND CONNECTION SHALL BE MADE TO GROUNDING SYSTEM. UMA COAX CABLE CABLE TRAP 4' x 4' PVC U.V. RESIST. SLEEPER INSTALL NEW COAX WRH SNAP-IN HANGERS LL-THf~AD OF SIFFL EAR Pq.17'FNSERS NEOPRENE PAD .-- _ --. PS ANTENNA F-EXISTING ROOF L IIRDING 11 Sprint' Togetherwith NE1(TE1. ]l] rnE~',iSS ueid SCI~m fxJL'a6Jq CO tl01!] ERICSSON 6]Cq l(GKV pNwY runo, n isoz~ aIMACTEC ~xrtc oemcru.ur msr. ~ 063 OEMEn W%$] r.,gxrrati sort[ ]ao r.Om[n, ro eaoi EnK: f]w) n]-swo IPROIECf NO.: 6]66-06-10{6 f0211,. IuluwN Ix: ~. BUfIRtcO IR CEMENT ASPEN AIRPORT DN72XC029-A CO-0583 JO{ ASPEN WRPORf euuEfis cENIm A6PEn, a emn CABLE TRAY ROUTING PLAN - 0 2~ a. cRAPlllc sruE I I SHEET xAIA: COAX SUPPORT BRIDGE CABLE TRAY Nrs PLAN & DETAILS ~,~ ~'- CSH-6516A-VT I Decibel`' ANDREW... td5° Three Sector Antenna 6asa Station Antennas ^ Three independent XPoI antennas in a single antenna system ^ Each antenna allows for control of independent beam tilting to optimize each sector ^ Total antenna system is less than 201mm (7.9in.) in diameter ^ Fuly compatible with AndrewTelehll® remote control antenna system Frequency (MHZj : 1710. 1880 1850 - 1990 1920 - 2180 Polarization: 145^ 3d5` ~5, Gain (dBdld6ij : 15/17.1 15.3/17.4 15.5/17.6 Azirtuth BW (Deg.): 65 63 61 Elevatlon BW (Deg.): 7.5 7 6.7 Beam Tiff (Deg.): 2-10 2-10 2-10 USLS'(d6): 1g 16 16 Front-Ta~Back Ratlo`(d6j: 28 28 26 Isolatlon (dej: >30 >30 >30 1ISWR : <1.5:1 <1.5:1 <1.5:1 PIM3 ~ 2 x 20w(dBc) : -150 -160 -150 Max. Input Power(Watts): 200 200 200 Ing7edance (Ohms) : 50 50 50 Llghtning Protection : DC Ground DC Ground DC Ground Weight : 21.0 kg (46.5 8)) Dkrensions (LxUOj : 7,652 x 201 mm (74.Lx 7.9 In) Max- Wind Area : 0.14 m' (1.511' ) Max. Wind Load (~ 700 mph(: 336.0 N (76Ibf) Maz. Wind Speed : 201 Ivnfh (125 mphj Hardware Material : Integrated Flange Conrteetor'type : 7-16 DIN -Female (6. Bottom) Color : Ligm Gray Field installed: CSH-8516A-Y-' Factory Instilled, ATM200 Series: CSFF6576A-R2 Annev. r~rp,~r~ian Fax ?146314706 '.Intlica(e5 T'iGiral 2601 TeWrorc. F2rkr+sy Tnll FrFn Tel 1 £d)u 6 i 5 Sp,C2 Richard;m.7?ras U.SF750A2-3`.,21 Fan. tgpt7.?x44706 IriiJ2003 Ty- 2'14 f.:ii A310 vAnv antrew tom •StechlSan Yew com 1r.ICnna(nn mrract at dale M rssse but maybe subied (o Cher, oz w Ah:N, nv! ."e. Sprint• Togetherwlth NER7EL .c~ Rv[PVis's tr. ^ ama rvc,Cr:Ca::.. ca no~:z IERICSSON 6]00 ll4eCY CkIVC r1aY0. i% )50)e ;~MACTEC Y4CliC (1[VEWPM[Ni CORE, 1<00} oENJER Nfs* rui2n~v swrr o99 COIDEN, Cp 6W0i rrx; (am) zrs-so9o IPRWEL7 NO.: 6re6-D6-1W9 (oz)1~. IWHNH tn: r. eu(mrco IR n U ASPEN AIRPORT DN72XC029-A CO-0583 JW ASPEN NRPORr BUSxa;aS CENTER ASPEN, CO 91911 EBTS WORKSHEET sxEEr nuuan C8 -C~~~11 A -GENERAL A1. Ail ELECTRIGL WORK SHALL CONFORM TO THE NATIONAL ELECTRICAL CODE (EDITION ADOPTW BY LOCAL JURISDICTION) AND APPLICABLE LOCAL CODES. A2. GROUNDING SHALL COMPLY WITH ARTICLE 250 OF THE NATIONAL ELECTRIC CODE. A3. ALL ELECTRICAL EQUIPMENT ANO ACCESSORIES SHALL BE U.L. APPROVED OR LISTED. A4. ALL POWER WIRING SHALL BE STRANDED COPPER, TYPE THHN/THHW, AND 90 DEGREES C RATED. A5. ALL POWER WIRING SHALL BE INSTALLED M GALVANIZED RIGID STEEL CONDUR, PVC. OR FLEXIBLE LIOUIOTIGHT CONOUR, A$ INDICATED. A6. CONTRACTOR SHALL OBTAIN ALL PERMffS, PAY PERMIT FEES, AND SCHEWLE INSPECTIONS A7. CONTRACTOR SHML APPLY FOR ELECTRICAL SERVICE AS SOON AS POSSIBLE AND COORDINATE REQUIREMENTS, SERVICE ROUTING, AND METER SOCKET ttPE WITH LOCAL POWER COMPANY. A8. CONTRACTOR SHALL APPLY FOR TELEPHONE SERVICE AS SOON AS POSSIBLE AND COORDINATE REQUIREMENTS AND SERVICE ROUTING WITH TELEPHONE COMPANY. A9. PROVDE ALL LABOR AND MATERIAL DESCRIBED ON THIS DRAWING. AND ALL I1EM5 INGDENTAL TO COMPLETING AND PRESEMING THIS PROJECT AS FULLY OPERATIONAL A10. WHERE LONG POWER CABLE RUNS PREVAIL, CONTRACTOR SHALL CALCULATE THE VOLTAGE DROP MO SIZE WIRES AND CONDUR ACCORGNGLY. A71. WHERE TRANSFORMER IS REQUIRED POR ELECTRICAL SERVICE, TRANSFORMER SECONDARY SHALL BE GROUNDED PER N.E.C., ARTICLE 250-ZB. A12. ALL ELECTRICAL DEUCES IXPOSED TO WEATHER SHALL BE OF RNNPROOF CONSTRUCTION AND SHALL REWIRE WATER TIGHT CONOUR HUBS. 8 -POWER CABLE AND SERVCE 81. CONTRACTOR SHALL PROVIDE CONDUR AND WIRING TO BTS MO VERIFY EXACT CONDUR ROUDNC. RACEWAY SYSTEM MATERIALS AND DEVICES FURNISHED SMALL BE IN ACCORDANCE WITH APPLICABLE STMDMOS OF µS1, NEMA AND UL RACEWAY SYSTEM COMPONENTS SHALL BE INSTALLED IN ACCORDANCE WNH MPLICABLE REQUIREMENTS OF THE N.E.C. B2. CONTRACTOR SHALL SEAL AROUND ALL CONOUR PENETRATIONS THROUGH WALLS, BOORS AND ROOFS TO PREVENT MOISTURE PENETRATION OR VERMIN INFESTATION. 83. CONDUCTORS RUNNING ALONG HORIZONTAL SURFACES (ROOF TOP OR SLAB) SHALL BE INSTALLED IN RIGID CONDUH SUPPORTED ON SLEEPERS. B4. ALL VERRCAL RUNS OF POWER CABLE IXCEEDING BD FEET IN LENGTH SHALL BE SUPPORTED PER N.E.C. ARTICLE 300 USING KELLEMS GRIPS OR ACCEPTABLE EQUAL CABLE SUPPORT SYSTEM. B5. WHERE A SEPARATE ELECTRICAL SERVICE DROP IS ADDED. CONTRACTOR SHALL INSTALL PERMANENT SERVICE DISCONNECT OR GROUPING THEREOF, DENOTING ALL OTHER SERVCE ENTRMCES, LOCATION OF EACH MD THE AREAS SEINED 81' EACH. B6. WHERE ELECTRICAL POWER IS TO BE SUB-TED FROM AN E%ISTING DISTRIBUTION SYSTEM, THE FOLLOWING SHALL APPLY: A) CONTRACTOR SHALL PERFORM LOAD TESDNG TO DETERMINE MAXIMUM FEmER DEMAND PER N.E.C. ARTICLE 220-35. B) CONTRACTOR SHALL VERIFY WHETHER IXISRNC FEEDER CAPACRY IXCEE05 VALUE CALCULATED PER N.EC. ARTICLE 220-35 C) EACH BRANCH CIRCUIT PROTECTVE OENCE SHALL HAVE SAME INTERRUPNNG RATING AS EQUIPMENT SUPPLYING R. D) PREFERRED MEANS OF SUPPLY SHALL RE A BRANCH CIRCUR PROTECTIVE OEWCE LOCATED IN IXISTINC PANEL. E) IF A BRANCH CIRCUIT PROTECTIVE DEVICE CANNOT BE OBTAINED OR SPACE IS NOT AVAILABLE, A BRANCH GRCUR MAY BE TAPPED FROM IXISRNC FEEDER CONWCTORS USING M INSTALLED 2-POLE FUSED gSCONNECt AND METER BASE PER N.EC. ARTICLE 240-21 WITH TEN FOOT (10) MAXIMUM TAP CONDUCTORS. FUSED DISCONNECT SHALL BE LISTED SAME OR BETTER INTERRUPTING RATING AS IXISDNG SOURCE OF SUPPLY C - IDENTIFlCADON Cl. LOCATE NAMEPLATE, MARKING, OR OTHER IDENTIFlGTION MEANS ON OUTSIDE EOUIPMEM OR BO% FRONT COVERS. C2. PROVDE NAMEPLATE ENGRAVED WITH EQUIPMENT DESIGNATION FOR EACH SAFEtt SWRCH ANO ALL OTHER ELECTRICAL CABINETS, ETC. C3. DURING TRENCH BACK-FlWNG FOR EACH UNDERGROUND ELECTRICAL, TELEPHONE, SIGNAL MID CONMUNICARONS LINE, PROVIDE A CONTINUWS UNDERGROUND WMNINC TAPE TWELVE INCHES BELOW FlN5HE0 GRADE. 1 ELECTRICAL NOTES A -GENERAL Ai. INSTALUTION OF CROUNGNC ELECTRODE SYSTEM SHALL COMPLY WNN ARDCLE 250 OF THE NATIONAL ELECTRIC CODE MD WI1H ALL BUILGNG CODES OF AUIIIORINES HANNG JURISDICRON. A2. GROUNDING CONDUCTORS SHALL BE /2 AWG RNNED SOVO BARE COPPER BELOW AND ABOVE GRADE. UNLESS OTHERWISE NQiFD AND SHALL ~ ROUTED IN A DOWNWARD PATH TOWMDS GROUND BARS. A3. CROUNOING CONDUCTORS SHALL BE KEPT AS SHORE AND DIRECT AS POSSIBLE WIIN NINWUM BEND RADIUS OF 12 INCHES. A4. ALL BELOW CRME CONNECTIONS SHALL BE CAOWELU TYPE CONNECRONS MO ALL CONNECTKNIS TO EQUIPMENT AND GROUND BARS SHALL BE 2-HqE BRONZE COMPRESSION CONNECTORS UNLESS OTHERWISE NOTED. A5. CONTRACTOR SHALL INSTALL NEW PCS GROUNDNG SYSTEIA PER SPECIFMADONS MD INLERCONNECT NEW SYSTEMS TO ANY EXISTING GRWNDING SYSTEMS AS REQUIRED BY NFPA 7D MO 78 (THIS APPLIES TO ELECTRICAL POWER DISTRIBUTION GROUNDING SYSTEM, LIGHTNING PROTECTION CROUNOING SYSTEM, CDA% CABLE GROUNDING SYSTEM MD ANY OTHER E%WRNG GROUNDING SYSTEMS). A8. GROUNDING CONDUCTORS SMALL BE BONGED TO CABLE SUPPORTS, ANTENNA FRAMES. AND ANY SUPPORT FRAMES OR RACKS USING IXOTHERMIC WELDS OR MECHMICAL CONNECRONS. A7. CONTRACTOR SHAH PROWDE LOCK WMHERS FOR ALL MECHMICAL CONNECTONS FOR GROUND CONDUCTORS. STAMLESS STEEL MMDWME SHALL BE USED THROUGHOUT. A8. GRWNOING CONDUCTORS EMBEDDED IN CONCRETE OR PENETRATING WALLS MD FLOORS SHALL BE ENCASED IN PVC CONDUIT. NO METALLIC CONWR SIWL BE USED FOR GROUNDNG CONDUCTORS UNLESS REQURED BY LOCAL CODES OR OTHERWISE INDCATED ON DRAWINGS. CONTRACTOR SWJ.L SEAL MOUND ALL CONDUIT PENETRARONS TO PREVENT MOISTURE PENETRATION ANO VERMIN NiFESTARON. 0.9. CONTRACTOR SHAW BOND PCS GROUNDING SYSTEM Y41 THE NIGBE TO ALL METAL OBJECTS WITHIN 12 FEET OF EQUIPMENT, CONDUR MD CPPLES. A10. BONDING OF GROUNDED CONDUCTOR (NEUTRAL) MD GROUNDING CONWCTOR SHALL BE AT SERVCE DISCONNECTING MEANS. BONDING JUMPER SHALL BE INSTALLED PER N.EC. ARTICLE 250-28. A11. CONTRACTOR SHALL VERIFY EXACT CONDUR ROVTPIG FOR GRWNOING CONDUCTORS WHERE MPUCABLE. A12. CONNECTIONS TO MICBE SW1.L BE MRANGED IN THE FOLLOWING THREE GROUPS: • SURGE PRODUCERS (COA%WL CABLE GROUND KNS. IELCD CABWET MD POWER PROTECTON GROUND). " SURGE ABSORBERS (GRWNDING ELECTRODE PoNC OR BURJNNG STEEL). • NON-SURGING OBJECTS (EGB GROUND IN BTS). A13. DOUBLING OR STACKING GF ANY GROUNDNC CONNECTIONS IS NOT ACCEPTABLE e - PREPPRADON 81. SURFACES: ALL CONNECTIONS SHALL BE MADE TO BARE METAL ALL PAINTED SURFACES SMALL BE FlELD INSPECTED TO ENSURE PROPER CONTACT. ALL GALVANIZED SURFACES ON WHICH GALVMIZINC IKS BEEN REMOVED Bl' CUTDNG, ORRLNG, OR ANY OTHER OPERATION SHALL BE RE-GALVANIZED IN ACCORDANCE WILH ASTN A780 USING 7JNC RICH' COATING AS MANUFACTURED BY ZRC CHEMICN. PROWCTS COMPANY (LOCATED IN QUINCY, MASSACHUSETB), OR ACCEPTABLE EQUAL NO WASHERS ARE ALLAWEO BETWEEN REMS BEING GROUNDED. ALL CONNECTIONS ME 70 HAVE ANON-0%IDIZING AGENT ('COPPER SHIELD? APPLIED PRIOR TO INSTALIARON. B2 GROUND BAR: ALL COPPER GROUND BARS SHPLL BE CLEANED, POLISHED AND ANON-OXIDILNG AGENT ('COPPER SHIELD') APPLIED. NO FlNCER PRINTS OR DISCq.ORED COPPER SHALL BE PERMTI'TED. C - LAND BULOS MD CO-LOCATES C1. THE GRWND ELECTRODE SYSTEM SHALL CONSIST OF DRNEN GROUND RODS UNIFORMLY SPACED MOUND THE EONPMENT FWNDADON AND MOUND THE PERIMETER OF THE TOWER FWNDARON. THE GROUND RODS SHALL BE )tom x 10'-0' COPPER CIAO STEEL INTERCONNECTED WITH g2 SOLID TMNED BARE COPPER GROUND CONDUCTOR TO FORK A GROUND RING AT A DEPTH OF 30 INCHES BELOW THE SURFACE OF THE SOIL A MRIIMUM OF 18 INCHES MD A MAXIMON OF 24 INCHES CLEARANCES SHALL BE MNNTAINED FROM FWNDATIONS. C2. GROUND RODS SHALL BE BONDED TO GROUND RINGS MD INTERCONNECTING CONWCTORS AT EQUAL INTERVALS OF APPRO%IMA7ELY 20 FEET. C3. WAVEGUDE BRIDGE SMALL BE BONDED TO GROUND RINGS OR IMERCONNECRNG CONDUCTORS WIRI GROUNDING CONDUCTORS BONDED TO DUGONALLY OPPOSEp SUPPORT POSTS. C4. GROUND BARS SHALL OE BONDED TO GROUND RING WDH SINGLE GROUNDING CONDUCTOR. C5. BONDS TO ANTENNq MASTS. FENCE POSTS, WAVEGUIDE BRIDGE, TOWER STEEL (UNLESS PROHIBRED BA' TOWER MANUFACNRER) MD THOSE BELOW GRADE ${Wy BE E%OTHERMIC TYPE (CADWFID). ALL OTHER 80NOS SHALL BE BRONZE 2-HOLE COMPRESSION FRRNCS UNLESS OILERWLSE NOTED. SPPoNT CROUNGNG REOUNLEMENTS 51. CONTRACTOR SHALL INSPECT MD TEST MY NEW OR EXISTING SPRINT GRWNDMG SYSTEM WITH A~IDDLE-MEGCER TESTER URULNG THE FALL OF POTENTIAL METH00 MD CONTACT CONSTRUCTION MANAGER IF RESISTPNCE IXCEEDS 5 OHMS AND SHALL FIELD MOgFY GROUNDING SYSTEM AS NECESSARY TO ACHIEVE COMPLUNCE. TEST RESULTS MO CONCLUSIONS SHALL BE RECORDED FOR PROJECT CLOSE-OUT DOWMENTA7TON. NCLUCOI~NYC ATDANTENNA M~ AT MASTER SGR~UND 8AR TOWERS OVER~2001FEET~SHMl HAVE COA% GROUND NC MKIIS AN AO COA% GROUND BAR INSfALIID AT THE MIDDLf OF THE TOWER. S3. COAX CABLE ENTERING A BUIIDINC SHALL BE GROUNDED WITH COA% GROUNDING KITS TO M INSVUTED COAT( GROUND BAR WHICH SHALL BE INSTALLED ON THE OlTi9DE FACE OF THE BUILDING, BELOW THE CABLE ENTRY PORTS. 54. WHEN COAL( CMLES ENTER A BUILDING FROM A TOWER, THE COAX GROUND BM AT THE BUILDING SHALL BE CONNECTED TO THE EXTERNAL GROUND RING USDIG p2 AWG BARE DNNED SOLID COPPER ISOUTED IN PVC CONDUR. 2 GROUNDING NOTES Sprint' Togetherwith NIXTE1. INVENVE55 LWf 5'JVii, ERICSSON 6>W lC'4tt 05M v;pNO, ix zuoz. ~MACTEC u4ciEC DrvELOauErvr cwly. Iep53 DEfYLN WC51 V44MWpv SiniE 3IX1 GCLCEN. CO BD.QI EAx: Uo>) zn-loco 11'ROJECT NO.: 6786-O6-1M6 (0211s IORAWN BY: J. BURRMA IT; ASPEN AIRPORT DN72XC029-A CO-0583 304 A9PEN AFPOM 811591E55 CORER ASPEN, CO 81611 SHEET NAME ~{ ELECTRICAL AND ~ GROUNDING NOTES E1 ~`'~J N W E S 1 GROUNDING PLAN 0 2. 4. GRAPHIC SCALE f1AG NOTES Q GROUND COMA COAX CABLE GROUNDING NITS i0 EACt7 OF THE Exlmrlc mEN coaX clTOUNO BARS. BOND ALL COMA EWIPMENf TO EXISTING GROUND HALO USING /6 AWG GRN CONDUCTORS. 1. AlL GROUNDING CABLE IN CONCRETE OR THROUGH WALL SHALL BE IN ~' PVC CONDUIT. NO METALLIC CONDUR SHALL eE USED FOR GROUNDING CONDVCTOR SLEEVES. 2. GROUND ALL E%POSEO METALLIC OBJECTS ON PROPOSED SPRINT UULIIY RACK USING A 7W0-HOLE NEMA GRILLED CONNECTOR SUCH AS THOMAS @ BETTS (+32207 OR PPPROVED EQUAL. J. THE CONTRACTOR SHALE NO11FY THE SPRINT REPRESENTATNE WHEN THE CROUNO RING IS INSiN l m 50 THAT THE REPRESENTA71yE LAN INSPECT GROUND RING BEFORE R IS LONCEALEO. 4. ALL E%TERiOft GROUNDING CONDUCTORS INCLUpNG GROUND RING SHALL DE /2 AWC $OUO BARE TINNED COPPER. HAKE ALL GROUND CONNECTIONS AS SHORT ANO DIRECT AS POSSIBLE AVDID SHARP BENDS. THE RADIUS OF ANY REND SHALL NOT BE LESS THAN R' AND THE INCLUSNE ANGLE OF ANY BEND SHALL NOT EXCEED 90. GROUNDING CONDIK:TORS SHALL BE ROI7TE0 DOWNWARD TOWARD THE BURIED GROUND RING. 5. ALL RELOW GROUND E%/ERNAI CONNECTIONS SHALL BE E%OTHERNICALLY WELDED. ALL EXOMERMIC WELDS TO RURIED CRWND RING SHALL BE THE PARALLEL-TYPE. EXCEPT FIX2 THE GROUND RODS WHR;H ARE TEE-TYPE IXOTHERMIC WELDS. REPNR ALL GAWAlAZED SURFACES 71AAT HAVE BEEN DNAAGED BY E%OTNERMIC WELDING. USE GALVANIZED BPRAY SUCH AS HOLUB LECTROSOL ~1$-SDI. B. WHERE MECHANICAL CONNECTORS (iW0-HOLE OR CLAMP) ARE USED, APPLY A LIBERAL PROTECTNE COATING OF A CONDUCTIVE AMI-OXIDE COMPOUND ON ALL CONNECTORS. PROVIDE LOCK WASHERS ON ALL MECHANIGL CONNECTORS. USE STAINLESS STEEL HARDWARE THROUGHOUT. THOROL1GMlY REMOVE ALL PNNT AND CLEAN ALL DIRE FROM SURFACES REWBNNG GROUND CONNECTORS, REPNNf TO MATCH EXISTWC AFTER CONNECf10N IS MODE TO MARJTNN CORROSION RESISTANCE ALL GROUND CONNECTIONS SHALL BE APPROVED FOR THE TYPES OF METALS BEING ATTPCNED T0. SHALL COORDINATE AS REWIRED TO NY REPRESENTATNE A7 THE SRE TO GROUND SYSTELI CAN BE PERFORMED. iFE CONTRACTOR SHV PROVIDE NOTICE TO THE SPPoNT REPRESENTATNE fTWO) DAYS PRIOR TO F1NAL TESTING. IF 1NF rnNTReI`MR cen c rn .,.,.~ ~NSULTANi SHALL BE . IF THE URLRY R DUE TO NO FAULT MPLY. A RESISTANCE 70 GRWNO OF (B) OHMS OR LESS IS UIRED FOR ALL SPfeM SRES. 7NE CONTRACTOR SHOULD UN NIS OWN lES1ER AT HIS 01VT1 IXPENSE IN ADDITION, A ACAbVREMEM EXCEEDS 5 SHALL NODFY THE SPRINT 9. ALL MOUNTING HARDWARE SHALL BE STNNLESS STEEL 70. THE GROUND WRiES SHALL RE RUN SIRAICHf fOR MWNAUM INDUCTANCE AND VOLTAGE DROP. SINCE CABLE KENOS INCREASE RAUCTANCE THE MMpAUM REWIRED BENDING RADIUS IS'B INCHES WHEN BENDS ARE UNAVOIDABLE Au METAL WORK WRNIN 10 FEET OF THE GROIMD RING SIMLL BE gRECRY BONGED TO THIS GROUND SYSTEM, Wf1110Uf USING SERIES OR DNSY CIWN CONNECTION ARRANCEMENfS. 1 T. PNM, ENAMEL, LACQUER AND O1HER ELELTRICµLY NON-CONDUCTIVE CQATINCS SHALL BE BEHOVED FROM THREADS AND SURFACE AREAS WHERE CONNECT~NS ARE MADE TD ENSURE 6000 ELECTRICAL CON1NUfiY. 12. CONNECTONS BETWEEN DRSIMRAR METALS SIWL NOT BE MADE UNLESS TF1E CONDUCTORS ARE SEPARATED BY A SURABLE WTERWL THAT IS A PARE OF THE ATTACHAIEM OLIAICE. ONLY ATTACHMENT DEVICES USTE11 ANp APPROVED FOR USE WITH 7HE SFAEC6IC OISSIMRAR METALS MAY BE USED FOR THIS PURPOSE. 13. ALL BELOW GRADE CRd1ND SYSTEM CONDUCTORS SHALT. BE A MINIMUM DEPTH OF 30' (OR 6' BELOW THE FROST LINE. WHICHEVER IS GREATER), GENERAL 2 GROUNDING NOTES Sprint ToglRherwith NIXTEL >;xv; rG:.:: sa.;; ~~U:Gl'LCOE'.:- 5:111 J ERICSSON 5.'Ab LECt~Y OaIK v;pro, ix :va< ~MACTEC VxrEC oEA•uovuEAn cone d'v'62 OENVE9 W6: PnnKVIAY wnE sc cemcm. m ea.m rEL: (es) ne-aloo oAx: f3oJ1 zz~-saoo NO.: 'DRAWN BY: J. 81111R1G0 ~{' ~CNECKED BT: Y. ABBEY ~rt U ASPEN AIRPOR' DN72XC029-A CO-0583 NM ASPEN NRPoRf BI151NFi5 CEHIEp ASPEN. CO 61811 SNEFf MASK ~ ~ GROUNDING PLAN a SNEEf NUMBER 1j E3 NEW -48V DC CIRCUIT I BREAKER SUB-PANEL (ARCUS PARry D20-533-20, OR EQUAL). SEE NOTE 6 '. SIZE 6 AWG THHN STRANDED COPPER y2 INSUUTED GREEN INSULATED GROUND TO WELDING CABLE EXISTING MGB (NOTE 1) EXISTING -48V DC POWER PLANT LOAD CENTER (NOTE 5) I 90A I .-~~ I (A)te I I 9 tr-~ I LB) I I 90A I '~ I (GS ) I I I I ~ I I I I I I (eR Bus) (-afiv eus} I i I L - - - - - - - - - J 350 NCM INSULATED ----- WELDING CABLE EXISTING -48V OC POWER PIANi (SEE NOTE 1) T--__-_-----, GND I I (-48V) A FEED I (BR) BATTERY RETURN I I I (-48V) B FEED I I (BR) BATTERY RETURN ~ _ I (-48V) C FEED I I I ~~ (BR) @ATTERY RETURN I I I ~~ SEE NOTE 4 I I I I I en I (eR Bus) (-a6v Bus) I I I I- - - - - - - - - - J 90A ~~ y2 INSUUTEO WELDING CABLE SIZE 6 AWG THHN STRANDED COPPER GREEN INSULATED CftOUND TO EXISTING MGB (NOTE 2) Sprint Togetherwith NIXTEL A,'. rxvEPra ss Cai~,'E sQUU' rN,csecu. ee a.nz ERICSSON y2 INSULATED WELDING CABLE (-48V) A FEED (BR) BATTERY RETURN (-48V) B FEED (BR) BATTERY RERIRN (-48V) C FEED SEE NOTE 5 GND 6a:0 :EG0.[V pR0.R Pu.:G, rx saza N>CIEC flEIELOPYfNi CdiP. ~0G2 CENKfl V.ESL PMKWAV SNIC !00 coma, <o eo.m n: po!) ne-!iw Pnc (~GJ) zn-SGOo IPRQIECT NQ. e]88-OB-iW6 L0271i. NOTES: NOTES: i. ROUTE y6 AWG EQUIPMENT GROUND CONDUCTOR TO TOP OF t. CONTRACTOR SHALL TAP MAIN 48V DC BUS IN IXISTING DC PUNT TO SUPPLY NEW SUB-PANEL PROVIDE 2-HOLE LUG DIGRAL RACK. CUT. COIL, AND TAPE SDf-FOOT PIGTAIL FOR AS NECESSARY. CONNECTION. 2. ROUTE CIRCUR TO TOP OF BTS CABINET. CUT COIL AND 2. ROUTE y6 AWG EOUIPMENT GROUND CONDUCTOR In TOP OF BTS CABINET. CUT, COIL AND TAPE SIX-FOOT PIGTAIL FOR TAPE ASIX-FOOT PIGTAIL FROM BOTTOM OF CABLE RACK , CONNECTION. FOR CONNECTION. AT LOCATIONS WHERE CABLE CANNOT BE INSTALLED IN CABLE RACK USE 7X ' Al INC 3 ROUTE . z . CIRCUIT TO 70P OF DR RACK. CUT COIL AND TAPE A 3 AD SIX-FOOT PIGTAIL FROM BOTTOM OF CABLE RACK FOR . D RECTIFlERS TO IXISTING DC PLANT (AS NEEDED) TO PRONOE ADEQUATE CAPACITY FOR IXISTING AND PROPOSED OPTION A SHALL BE USED POR g~ CONNECTION. AT LOCATIONS WHERE CABLE CANNOT BE INSTALLED IN CABLE RACKUSE 1Y ' AL IMC 10A0S. VRE7tE ~ PLANT CAN i . 4. PROVIDE TYO-HOLE COPPER COMPRESSION CONNECTERS TO SUPPORT BOA lNFi1K[~ AND NAS SPARE L~tEA1fER POSITIONS 4. ADD RECTIFlERS TO IXISTING OC PLANT (AS NEEDED) TO PROVIDE ADEQUATE CAPACRY FOR EXISTING AND PROPOSED MATCH LUGS ON BTS CABINET. LOADS. 5. NEW 90A BREAKERS SHALL MATCH IXISRNG. 5. PROVIDE 2-HOLE COPPER COMPRESSION CONNECTERS TO OPTION 8 SNALL Fff USfV f•'OR MATCH WGS ON B1S CABINETS. SBES YYH(FE OC PLANT GN NOF SUPPORT BOA BRFAIfEltS AND/OR 6. NEW 48V DC SUB-PANEL SHALL HAVE A TOTAL CAPACITY OF ODES NOT HAVE SPARE BREAKER NOT LESS THAN 30M AND SHALL BE ABLE TO ACCOMMODATE POSRIONS. (3) 90A BREAKERS. PROVIDE BREAKER BLANK PLATES, IF NEEDED, FlELD DETERMINE MOUNTING LOCATION FOR PANEL IoRAm+ et': r, eunRACO IR ICHECNm ar: u. ABBEY IF ASPEN AIRPORT DN72XC029-A CO-0583 w~ ASPOI uRPIXtf BU9NES5 CENTER AXFN. CO 81811 DC ONE-LINE DIAGRAM (OPTION A~ - NTs C~'~11 it f ~~ DC ONE-LINE DIAGRAM OPTION Bl Nrs ers SNEET NNE DC ONE LINE DIAGRAM E4 ,- __ .. ,,J V"i.''.N f _ I I ~ ~ ~ ~, _ ' E6 ~ i I _ ~ ~ - '. ; 2 1 j ~ ~ E6 -- ~ ~ I i ~.. ~ ; I l I ~ i i ~ ' . ~ ~ ~6 THWN G/R~yEpEN INSULATED T _. ~ l ~ ~6 THWN GREEN I I - ~ ! - it ~ ~ ~ ( YP.) i i I ~ INSULATED (7YP.) I I ' _ ANTENNA COAX I.--i--_- I I T I I ... I _.~ . ~. CAB E tt I 1 L P. { ) I I i i " AN ENNA COAX CABLE {ttP.) I I ~ I i ` , ~'2 THWN GREEN --I~-fU ~ ) I l I ~ .~ /12 THWN GREEN I 'li I I INSULATED (TYP.) I I I INSULATED (ttP.) ~~ I ~ 1 ~ _ TO~NTING ~ I I I TO ANTENNA -~ j l I FOLLOW PRIMARY I MOUNTING I l CONFGURATION ~ I I I 1 (IF REQUIRED) FOLLOW PRIMARY _.. -I CONFIGURATION I L_,__ L, I'-~----_-_-_-_-___,___ ^-' I I ~,_________________ (IF REQUIRED) 1 L______________________ ___ ___________L__-_-_---1 1 1 I ~ ~__~ 1 1 1 1 1 1 '..,_„_________ _ ___~______.~___.~ ~ _.___~ T l I l! I I l TO COA% GROUND KfTS r'~ III O 0000000 0 0000000 EXISTING TOWER BOTTOM GROUND BAR -- c~,m-~~w= 00 00 BAR 1 I l I ~6 THWN CREEN ~ 1 INSULATED (TYP.) I I 1 ANTENNA COAX -I I I CABLE (ttP.) ~ I 1 d2 THWN GREEN -f-~ 1 INSULATEp (TYP.) I l 1 I I 1 TO ANTENNA ~ I 1 MOUNTING 1 1 ______ ______J 1 __________________J _... ~;IV.b"' ~ ~ ~ i f _ ~ i t ~ ~ ',- i ~ ~ i .' ~`_ ~ i i i i~ /'.^ ~ ~ i ~__. FOLLOW PRIMARY CONFGURATION (IF REQUIRED) TO COAX TO COAX GROUND KRS GROUND KRS .-~ .-~ III 111 ~~~~ 0 0000000 !)'Z AWG BTU' 000000 p2 AWG Brcw 0 0000000 ® 000000 e EXISTING EXTERIOR TO IXIS7ING ~ PROPOSED EXTERIOR \ SHELTER GROUND BAR GROUND RING 'J SHELTER GROUND BAR \-. 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O ~ iD m~ m ~m no PUBLIC NOTICE RE: Ballentine Holdings Inc Special Review for a Cellular Facility (CASE# P008-10; PID 2643-344-03-344) NOTICE IS HEREBY GIVEN that a public hearing will be held on Wednesday, April 14, 2010 at a regular meeting to begin at 12:00 PM or as soon thereafrer as the conduct of business allows, before the Board of County Commissioners, Plaza One Conference Room, 530 East Main Street, Aspen to consider an application submitted by Ballentine Holdings Inc (PO Box 11765, Aspen, CO 81612) requesting a Special Review in order to continue the use of existing cellular facilities (antennae and equipment) and add 1 additional tower and associated equipment to an existing building in the AABC. The property is located at 304 AABC, and is legally described as Lot 2, Block 3, Filing 1, AABC Subdivision. The State Parcel Identifications for this property is 2643-344-03- 344. The application/resolution are available for public inspection in the Community Development Department, City Hall, 130 S. Galena St., Aspen CO 81611. For further information, contact Cari Anne Holcomb at (970) 920-5092. Jeanette Jones, Deputy County Clerk Board of County Commissioners Published in the Aspen Times Weekly on March 14, 2010. Attention Applicant/Representative: It is your responsibility to do the following: 1. Mail this Public Notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department. The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing 2. Submit the Affidavit of Notice by Posting 8c Mailing (previously sent to you with your applicant letter) as proof of compliance with the Code at the hearing. 3. Pick up Public Notice sign from the Pitkin County Community Development Department, 130 South Galena Street, Aspen, CO (970) 920-5526 4. Post the Public Notice sign on the property at least fifteen days (15) prior to the hearing 5. Remove the Public Notice sign within one week after hearing date County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAII.ING PURSUANT TO State of Colorado } PITKIN COUNTY LAND USE CODE SECTION 2-20-100 I ~~~/S ~~ ~~~~ being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U. S. Mail at least 30 days prior to the public hearing to ~ owners of property within 300' to the subject property, as indicated on the attached list, on the ~ day of ~L9fef~, 201v(which is,~ days prior to the public hearing date of / (~ .The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public hearing. 2. By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U. S. Mail at least 30 days prior to the public hearing to the owne~s) of the mineral estate underneath the subject property, as indicated on the attached list, on the/3 day ofYVlALeI~ , 2010 (which is;~Ldays prior to the public hearing date of ~/~y~~~). The names and addresses of the mineral estate owners shall be those on the current tax records oY~Pitkin County as they appeared no more than 60 days prior to the public hearing. 3. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) on the~_day of i'j'l~G/>< , 201r~ which is at least fifteen (15) days prior to the public hearing. A photograph of the posted sign is attached heret . r~i~,S ~, S~~ Applicant's name Signature (Attach photograph here) Signed before me this Z~day of Etl- 20 ~ by l~ ,i'T /° `~ll~r, /V ~ ,/ SUSAN STR'YKER N0~a1fn PUBLIC soh of caoaAOo G:krountybdmin~fams~davit WITNESS MY HAND ~AL SEAL My commission expires: l ~/o2i 5~ Not is } Notary Public's t ture ~-~ _~ ~.~ ~.. 1 Ie~+~ _ ~^' .~ ._' y' .: l f `_ .~. ~~JJ i.~ IMwK~•-~•~~^~~- ~ Ni.. i ~•~I/A~:'lw.+~~~ ~I.I~~~.`f~.c ., 1~ ry `~ i ~ _ y l 1~ ~'r - - i '~ -i ''~' - - Y ~ . -_ _ ~ .IC NOTICE ~ '§ .`, Y i ,~ p'' - ;,, ~.. 1~ .. 00 -n~ T ~~_. - ' ~ _p . ~v4- Lin f. ..1_ `~.A f 11 ~`Y l~~ [~ -ti ~'`~ .~ ~~ - ^`,r 1~J• ^1 ~~J '," +~ ~s ~ ~ "y, T '~ PITI{IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 S. Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX # (970) 920-5439 February 19,2010 Chris Stryker PO Box 1558 Denver, CO 80201 Ccstryker2@aol.com Re: Ballentine Holdings Inc Special Review for a Cellular Facility (PID 2643-344-03-344; Case P008-10) Deaz Mc Stryker The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. We have scheduled this application for review at a public heazing by the Boazd of County Commissioners on Wednesday, April 14 2010 at a meeting to begin at 12:00 P.M. in the Plaza One Meeting Room at 530 East Main St., Aspen. Should this date be inconvenient for you, please contact me within 3 working days of the date of this letter. After that the agenda date will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. Please note that it is your responsibility to post a public notice sign on the property at least fifreen days prior to the hearing (and remove it within one week after) and to mail notice to all property owners and mineral estate owners within 300' of the subject property at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice will be sent to you by the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Please submit the enclosed Affidavit of Notice by Posting & Mailing as proof of compliance with the Code at the hearing. If you have any questions, please call Cari Anne Holcomb, the planner assigned to your case, at 920- 5092. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit of Notice (Code Section 2-20-100) PITI{IN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galeua Street Aspeu, Colorado 81611 Phone (970) 920-5526 FAX (970) 920-5439 MEMORANDUM TO: Pitkin County Zoning Officer Aspen Fire Protection District Aspen Airport Business Center (AABC) FROM: Cari Anne Holcomb, Community Development Department Carianne.holcombnco. pitkin.co.us RE: Ballentine Holdings Inc Special Review for a Cellular Facility (CASE P008-10; PID 2643-344-03-344) DATE: February 19, 2010 Attached for your review are materials for an application submitted by Ballentine Holdings LLC. The Board of County Commissioners will review the application on Wednesday, April 14, 2010. Please return your comments to me by Friday, Apri12, 2010. httn://www.aspenoitkin.com/Portals/0/docs/county/Com%20Dey/Planning/Land Use Applications/ P008 10 ann.udf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechtler~a co.pitkin.co.us or 920-5109. Thank you. PITKIN~ AUNTY COMMUNITY DEVEL~~MENT Permit Receipt RECEIPT NUMBER 00028852 Name: Stryker Site Services LLC Date:2/10/2010 Project Address: 113 AABC Type: check # 7060 Permit Number 1, 560.00 375.00 25.00 54.00 Fee Description Amount 0008.2010. PLAN 0008.2010. PLAN 0008.2010. PLAN 0008.2010. PLAN PP- Flat Fee PP-Clerk Fee PP-Clerk Tech Fee PP- Public Notice Fee Total: 2,014.00 LARGE PLAT(S) AVAILABLE TO VIEW AT COMMUNITY DEVELOPMENT AFTER REVIEW RECORDED COPIES AVAILABLE TO BUY AT CLERK A RECORDER