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HomeMy WebLinkAboutBocc Packet 03262014 Aspen Ski Co Cellular AntennaeMEMORANDUM TO: Board of County Commissioners Regular Meeting — March 26', 2014 {� L l� THRU: Cindy Houbn ommunity Development Director FROM: Lance Clark , ssistant Director RE: Aspen Skiing Company/American Tower Corporation Special Review for Building Mounted Cellular Telephone Antennae SUMMARY: The Applicants are requesting Special Review approval for permanent placement of building mounted cellular telephone antennae and related ground based electronic equipment on the "Green Building" at the base of Buttermilk Ski Area. The facility is already existing in place as proposed as it received a Temporary Commercial Use Permit for installation prior to the X-Games to assist with the need for increased cell service capacity at the site during the X-Games. APPLICANTS: Aspen Skiing Corporation (ASC)/American Tower Corporation (ATC) REPRESENTATIVES: David Corbin (ASC) / Alison Eastley, Holland & Hart LOCATION: Buttermilk Ski Area Base, 38700 Highway 82, "Green Building" ZONING: SKI-REC EXISTING CONDITIONS/PROPOSED CONDITIONS: The visible extent of the cell facility is two "antennae sleds" which appear as green boxes on the roof as they are shrouded with screens. The height of the antennae sleds/shrouds above the deck of the roof is approximately 5'. There is an equipment pad/platform at ground level adjacent to the building. The antennae "boxes" are not readily discernible from Highway 82 or Owl Creek Road. STAFF COMMENTS: SPECIAL REVIEW CRITERIA: Section 2-30-30(h): "Building Mounted Cellular Antennae" is considered a Special Review Use within the SKI-REC zone district and is subject to the compliance with the following criteria: A. The special review use shall be consistent with the applicable County Master Plan. Response: The Buttermilk Base Area is subject to a recently adopted SKI-REC Master Plan (November, 2013). This Master Plan states that communication transmission sites are allowed uses subject to applicable Pitkin County land use review approvals. The proposed use is in conformance with the West of Maroon Creek Master Plan (WOMP) Design Guidelines and does not interrupt any designated View Planes. 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. Page 1 of 4 Response: The proposed development is consistent with applicable Sections of the Code. Sec. 1-60-360 (Policies) 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 (temporary) 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 minimizing offsite impacts. The proposal is part of a comprehensive planning effort of the ASC to improve ski area cell service. 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. 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. No comments were received from the surrounding property owner notifications. 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 SKI-REC zone district lists the use as a Special Review use. 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 character of the immediate vicinity of the "Green Building" is commercial as it is part of the intense use of the ski base area. The minimal visual intrusion of the proposed use is compatible with the immediate vicinity. There is a 40' cell tower on the adjacent Inn at Aspen property. 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 are the "green boxes" on the roof. The proposal will not adversely affect Page 2 of 4 pedestrian or vehicular 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(C) 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 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 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 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 (12) month period of non-use. Any unfulfilled obligations of the approval shall continue to be binding after expiration of the approval. Response: Staff is not proposing specific conditions related to a time period of use. USE SPECIFIC STANDARDS FOR BUILDING MOUNTED CELLULAR TELEPHONE ANTENNA: Section 4-30-50(c): The development must comply with the following use specific standard: 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 tnaxinnon building height in the zone district by more than ten (10) feet. Page 3 of 4 3 Response: The applicable height limit is 28' from grade. The Code standard allows this to be exceed by 10' for building mounted antennae. That would limit the overall height of a building and antenna to 38' from grade. The proposed antennae and building is approximately 23'6" in height and in compliance with this use specific standard. RECOMMENDATION: Staff recommends that the BOCC approve the Aspen Skiing Company/ American Tower Corporation Special Review for Building Mounted Cellular Telephone Antennae on the "Green Building" at Buttermilk subject to the conditions in the attached Resolution. ATTACHMENTS: Separate application lancec/cases/buttermilk cell antennae special review 2014 P015-14 Page 4 of 4 el? RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING APPROVAL FOR THE ASPEN SKIING COMPANY/AMERICAN TOWER CORPORATION WIRELESS SPECIAL REVIEW FOR BUILDING MOUNTED CELLULAR TELEPHONE ANTENNAE BOCC Resolution No. -2014 RECITALS 1. Aspen Skiing Company/American Tower Corporation ("Applicants") have applied to the BOCC for Special Review approval for Building Mounted Cellular Telephone Antennae. The Applicants propose to place two "antennae sleds" on the roof of the "Green Building" at the - Buttermilk Ski Area Base. Overall height of the building and antennae with screening "shrouds" will be approximately 23' 6" above grade. Equipment associated with the antennae will be on a pad/platform adjacent to the building. 2. The property is located at 38700 Highway 82, the Buttermilk Base Area. PID#: 273503401001. 3. The property is zoned SKI-REC. 4. The BOCC heard this application at a duly noticed public hearing on March 26th, 2014, at which time evidence and testimony were presented with respect to this application. 5. The BOCC finds that the proposed placement of antennae on the existing building is appropriate and does not have any substantial deleterious visual or other impacts on the surrounding area. 6. The BOCC finds that the proposal is consistent with the applicable Master Plans (WOMP and Buttermilk Ski Area) and the Special Review Criteria in Land Use Code Sections 2-30-30(h), 2- 40-20(a-c), and 4-30-50(c). NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that it hereby grants approval to the Aspen Skiing Company/American Tower Corporation Wireless Special Review for Building Mounted Cellular Telephone Antennae subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made in the application and public meetings. 2. The Applicants, owner and/or operator of the cellular facility shall 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. Resolution No. -2014 Page 2 c. Type of service provided. d. This contact information shall also be posted on the door of the equipment room within 60 days of this approval. 3. The approved roof mounted antennae and screening shall not exceed 24' in height measured from adjacent grade. 4. The antennae /screening shall be painted with a color that blends with the existing structure (currently dark green)and shall be maintained in a condition free of rust, peeling paint and/or other visible forms of deterioration. 5. All antennae and screening and equipment associated with the telecommunication use shall be removed when the use ceases. 6. There shall be no exterior lighting associated with the antennae. 7. 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 March 26'h, 2017. u Resolution No. -2014 Page 3 NOTICE OF THE PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 20th DAY OF FEBRUARY 2014. APPROVED ON THE 26th DAY OF MARCH 2014. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON ATTEST: BOARD OF COUNTY COMMISSIOERS, PITKIN COUNTY, COLORADO Jeanette Jones, Robert A. Ittner, Jr. Deputy Clerk Chair Date: APPROVED AS TO FORM: APPROVED AS TO CONTENT: John Ely, County Attorney Case #P015-I4 273503401001 Indy Houben, Community Development Director HOLLAND &HART.. A VIA HAND DELIVERY Lance Clark, Planner Pitkin County Community Development 130 Galena Street Aspen, Colorado 8116 PROJECT: LOCATION: OWNER: PARCEL ID: Alison E. Eastley Phone (970) 429-6880 Fax (970) 315-3524 AEEastley©hol landhart.com February 6, 2014 Re: Pitkin County Pre -Application Conference Summary Buttermilk Wireless Cellular Facility Buttermilk Ski Area Base "Green Building," 38700 Highway 82 Aspen Skiing Company 2735-034-01-001 Der Lance: Attached for submittal is an original and five copies for the above referenced application. Sincerely yours, Alison E. Eastley for Holland & Hart LLP AEE:sm Enclosures Holland & Hart LLP Attorneys at Law Phone (970) 925-3476 Fax (970) 925-9367 www.hollandhart.com 600 East Main Street, Suite 104 Aspen, CO 81611-1991 Aspen Billings Bose Boulder Carson Oty Cheyenne Colorado Spnngs Denver Denver Tech Center Jackson Hole Las Vegas Reno Salt Lake City Santa Fe Washington, D C 000001 cr q2 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BUTTERMILK February 5, 2014 Lance Clark Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 ASPENCSNOWMASS.M ASPEN SKIING COMPANY PID# 2735-034-01-001 Re: Buttermilk Ski Area — "Green Building" — Cellular Telephone Facility - Equipment Installation Dear Lance, Aspen Skiing Company ("ASC"), the owner of the real property constituting the base of the Buttermilk Ski Area, including the building improvement colloquially known as the "Green Building," and SpectraSite Communications, LLC, an affiliate of American Tower Company / ATC Outdoor DAS, LLC, ("ATC"), a cellular tower and communications provider operating in concert with cell phone service providers, submit this application for a Special Use Permit to install, use and operate "building mounted cellular telephone antennae" and related equipment and/or permit the continued and extended use of such equipment previously installed pursuant to a Temporary Commercial Use Permit, Administrative Decision 81-2013, in accord with the Pitkin County Code relating to SKI-REC District Accessory and Temporary Uses and the Buttermilk Mountain Master Plan. The Applicants held a Pre -Application Conference with County staff on January 15, 2014, describing the proposed project and its components and discussing applicable County Code provisions and requirements. TYPE OF APPLICATION: Special Review for a Cellular Telephone Facility, in this case, building mounted cellular telephone antennae and related ground based electronic equipment, cabinets, and screening. PROJECT BACKGROUND AND DESCRIPTION: On or about November 15, 2013, the Applicants [or their affiliates] submitted to the County, and the County subsequently approved December 3`d, 2013, a Temporary Commercial Use application for the roof top installation and use of cell phone antennae together with supporting "sleds," visual shrouds or screening, wiring and cabling, and ground mounted equipment, racks, cabinets, screen and fence enclosure. The immediate purpose of the Temporary Commercial Use was to provide additional cell phone or wireless communication coverage, capacity and over -the -air broad band support for people attending the X Games and to meet the increased public demand for communication services of this type. P.O. Box 1248 Aspen, CO 81612-1248 970-925-1220 www.aspensnowmass.com 1 Pnnted on 13.1,1,d Paper 000002 Aspen Skiing Company, as owner of the building, entered into a lease with SpectraSite Communications, LLC, ATC's affiliate, to provide rooftop access to the "Green Building/' together with other exterior surfaces and ground space upon which ATC, its affiliates and contractors would mount, install, maintain and operate cellular or wireless equipment for the purposes described above. ATC, its affiliates and contractors completed installation of the antennae, supporting sleds, cabling equipment and connections, cellular service providers installed their separate racking, controls and electronic equipment, and the complete system was activated a few days before the X Games. The equipment remains in place and the system remains operable and active following the event. The equipment, placement locations, dimensions, specifications and visual appearance are more fully depicted and described on the attached, "Exhibit B," including as-builts, visual simulations, and photos of actual placement. The Administrative Decision approving the Temporary Commercial Use required that "On or before February 9th, 2014, the Applicant shall remove the temporary antennae and sleds or submit the appropriate application to formalize the upgrades." The Applicants now propose and request that the cellular equipment, functional use and commercial cell service as installed be allowed and permitted to continue indefinitely or until a permanent cellular system is designed, approved by the County and installed at the base of Buttermilk. The Buttermilk Vicinity Map and Base Area Existing Conditions / Site Plan (sheet L-03) are and remain the same as those presented in ASC's recent submission for the Buttermilk Mountain Master Plan depicted on the attached, "Exhibit A." LAND USE CODE COMPLIANCE: Sec. 2-40-100: Uses in Ski-Rec Zone District: Per Code Section 2-40-100(c)(2) Uses Allowed All Year in the SKI-REC, include "Communication transmission site." In addition, the Buttermilk Ski Area Ski-Rec Master Plan, approved by Resolution No. 088-2013 by the Board of County Commissioners ("BOCC") on November 6, 2013, includes among the approved uses found in Exhibit A, in Paragraph 6.1(20): "Communication transmission sites subject to required Pitkin County land use review and approval." Chapter 4-30: Use Specific Standards, Sec. 4-30-40(g): Cellular Telephone Facility: Subsection (2) provides that "Building -mounted antennae and towers are an accessory use of the land permitted pursuant to Sec. 4-10-10(e)." The antennae proposed are indeed building -mounted and thus conform to this section of the code as accessory uses. 030003 2 Chapter 4, Table 4-1, Permitted Uses describes "Building -Mounted Cellular Telephone Antennae" as among the Accessory and Temporary Uses permitted in the SKI-REC District, subject to "S," Special Review Uses, and the specific regulations found in Code Section 4-30-050(c). The proposed project constitutes an accessory use permitted in the zone district, subject to review. Sec. 2-30-30(h)(2): Criteria for Approval - Special Review Uses or Activities: (a) The special review use shall be consistent with the applicable County Master Plan. (b) The special review use shall not conflict with applicable sections of the Pitkin County Land Use Code, including the County Land Use Policies in Chapter 1. (c) The proposed development must not materially endanger the public health, safety or welfare. (d) The proposed development must not injure the value of adjoining or abutting property. (e) The special review use shall be consistent with the intent of the zone district in which it is proposed to be located. (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. (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. (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. (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. (j) If a Special Review Use ceases or its permitted time period ends, all uses and structures must immediately be brought into conformance with the underlying zone district regulations. If cessation of operations is due to demolition or destruction through any manner not willfully accomplished by the owner, uses/structures may be restored as of right pursuant to Sec. 9-30- 70 of the Land Use Code. The Applicants assert and represent that the project proposed does not violate or materially contravene any of the Criteria for Approval. The wireless cellular telephone use and equipment serve the public interest by improving local telecommunications and meet the intent and requirements of the zone district and applicable land use plans. The size, scale and nature of the proposed equipment conform to the aspirations of Code Section 1-60-360 Telecommunications, which "encourages adequate, minimal impact regional and community telecommunications facilities...," in this case by improving cell phone service in the base area of Buttermilk with minimal visual, and virtually no other, impacts. 3 0U0004 Sec. 4-30-50: Height: Code Section 4-30-50(c) provides that, "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 (10) feet." Code Section 2-40-100 et. seq. applies to and describes certain development standards in the SKI-REC District. Code Section 4-40-100(a)(6) provides, "The height of principal structures shall not exceed twenty-eight (28) feet..." The top of the screening shroud surrounding and shielding from view the roof top, building -mounted antennae is approximately 23' — 6" above surrounding grade, thus well below the maximum combined building and antennae height allowance of 38 feet. AGENCY REFERRAL: Staff will refer the Application to the following agencies: Zoning, City of Aspen Planning. REVIEW PROCESS: Pursuant to Code Sec. 2-30-30: One Step Review Procedure, the BOCC will review the Special Use Application, subject to the Applicant posting notice at least 15 days prior to the hearing and shall mail notice to all property owners within 300' at least 30 days prior to the hearing, with the return address of the Community Development Department (the form and copy of which is to be obtained from the 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. FEES: $1,744, check (enclosed) payable to Pitkin County Treasurer, including therein: • Planning Office Flat Fee: $1,560, non-refundable, based upon 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above 125 hours at a rate of $312/hour; • Public Notice Fee: $54; and • Clerk Fee: $130. MATERIALS AND COPIES INCLUDED: 1. Summary proposal letter describing the project, prior approvals and permits, and addressing compliance per the Pitkin County Code; 2. Vicinity and site Plan (Exhibit A), visual representations, photos of temporary installation (Exhibit B); 4 n6005 3. Relevant land use approvals for the subject parcel (Exhibit C); 4. Proof of ownership (Exhibit D); 5. Parcel description, including legal description (See Exhibits A and D above); 6. Total fee; 7. Signed fee agreement (Exhibit E); 8. Consent from owners to process Application and authorizing representation (See Exhibit D); 9. List of property owners within 300' of the property (Exhibit F); 10. Copy of the Pre -Application Conference Summary (Exhibit G). Respectfully submitted, Aspen Skiing Company nuiotzte David G. Corbin Vice President Planning and Development Aspen Skiing Company PO Box 1248 Aspen, CO 81612 970-923-8751 (d) dcorbin@aspensnowmass.com Holland & Hart, LLP, as legal representative for ATC on E. Eastley Associate Attorney Holland & Hart, LLP 600 E. Main St., Suite 104 Aspen, CO 81611 970-429-6880 aeeastley@hollandhart.com 5 000006 PARCEL ID: 2735-034-01-001 EXHIBIT A SITE PLANS 000007 Nyon Y2.oM n 30? w z ��OK<nA w (n 0Coi,71v 2 CO : N A M O D Z 0 0 0 m m 000008 annnnnnt) m vm��i+a u,do� a '�na a i qa u�iuu rrrrr rbbbb abS -am amad rome�mvme �n amN�omm-gym v t o m t R 0 y N 0 V! a(0 m K-g m m Z a v m g W m 3 millmiogia .0 m ° g m' n x t m" a ° m 2 C 3 a g K n- 3 : .' N w m m 2 8 8 c a T; a o a -4, m -$yIm o? aa00 r- s .a m m O v t a 3 m 3 N c v V �. m2m E$m w s ° 11 p g m 3 m m4 m a 0 mwo 3n3" �n z N w n n $ 4 3w w Too-IO CO -sLZ #GI 0 0 O o "4 (0 rD 3 D E 3 m 0 m i. 0. t� n m Z X orn� ovum -1=i> zo to 000009 J 53 r m 0 rn Z BUTTERMILK BASE AREA REDEVELOPMENT COL NW OF PITYW. SSATE OF C0603.613. (OWNS HIP TFM 6011T11 FT,10S1. IUHGE EIGHTY FNE WEST ItUW l OF 91Y. PRfunP*L MER1041( [9TH P M.I, SE60ON92. I. 9.19. 9.6011 BUTTERMILK MOUNTAIN MASTER PLAN AMENDMENT 011 'sJauPed O171.9 PARCEL ID: 2735-034-01-001 EXHIBIT B PLANS, VISUAL SIMULATION PHOTOS 300010 PID# 2735-034-01-,001 F 0 c a I , I y/S. ? •, W.L'FMAY ., ; 4��♦ ��� -f�, '. / �'♦/ • / i * // •'♦ / ff r / 2/ // ♦ SCALE"t— 201 \\ 0 I!r NNA (aEtALS OF \ !a�a, a\�a \ ` 1 �, .-1!' /�' . • , , r LOC�4O OF ' FQIIPYENT Pe } . ' )/' c ';OETN'L Race, ?4T v fa. '�'wx& dl; CA94F5 .1/i�ILtA♦ ,vVsr . fil# NW*. Oar/ PAD, - HEAT ICE B AND Ara! lJ !n dill/ a8 � .11270, �f AMC / /]I®" w /ifl/ 7.1. 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CO 80161 15701 445881O TEMPORARY SERVICES ASPEN SKI COMPANY BUTTERMILK - GREEN BUILDING AMERICAN TOWER COMPANY CARY, NORTH CAROLINA PROJECT NUMBER.: PROJECT MANAGER: WSC CALCtiLATTON BY: CHECNEO BY: FIGURE 3 00001 A 102813 FINAL SUBMISSION TO ATC �SSUE DATE DESCRIPTION 2 3 5 1 3 5 C J 0 C B A QE3 .1• • PI 1 mil VI 1 111 R-N 11.1 R 1.11 [II 11.1 1 III /III 111.11' 111111 01 1 111 11.1111 11111 .111I17 1.1 1 11 11.11 II 111..1 11111 1 111111111 111.1I 41P 1 111 1 111 1-11111 II 1111111 H1111 1111 11 IH111 11 1 111 r111' 111 1 11 1 1111 11 11r1111• 111 1 11 1 ill 1 11 1:111 1.11 1 1.111 11 :1 1 111.1 1111 11 1 111 1 11 1 1 111 11 .11.1 111.1 111'1 11 11111111 1 11111 11 :11 1 111 1 1111' If 1.111111 11 111111. 11 1 111 1111 11 111111 a 1111111 111111l1 11111 1 1111111`1 H1,1111 11111'P 1111111. 13311111 fl 1 111 1111111 1 111 1 11 1 I11 1 11111.1 11 11 1 11 111 1 11 1 111 1 /1/11111 F 41111. 'Ii 1111 11 1 111 11111 1111 1 1 111 11111 11 1 11 f11 1 1 V 111 11 1 111 1,11 11111 111111 • / II 11111 i®1 i®i 8 c6 ELEVATION B 012014 AS -BUILT CONDITIONS A ragtoevaisig. PAC NICE Eryl(nealI1g U.0 PO Bat 2118 Metal. CO 00161 t110) 4.458810 TEMPORARY SERVICES ASPEN SKI COMPANY BUTTERMILK - GREEN BUILDING AMERICAN TOWER COMPANY CARY, NORTH CAROLINA PROJECT NUMBER: PROJECT MANAGER; AISU CALCULATION BY: CHECKED BY: FIGURE 3A 000015 A 102813 FINAL SUBMISSION O Ale I55UE DATE DESCRIPTION 2 3 1 2 3 5 G E D c 9 -20- 0" 11 1 111 1 1 1.1 ill h11 1 1 111 . 1 11111 I 1 11i 1 I I F 1 1 1 1 111 1 1111 III111 41111 111,11 1 ll 1 lit lI111 11 1 11.f 111 ill 11'111 11:11 11114 111 1111 1 111 11 111111 11 11 1 1LL 1 111 1 1f1 111 1 1111111 1 111 1 11111111 11111 111 ! 11111 1 1 ■11111 111 111I1 1111 111 11I elm 1111 I 11 11111 1 IiI 111 11.11111, 1111111 .1 11111 I 1' 1+1 V 1111,111 1i 1111 1111111 11u111i 1111111 11 11 1111.1 111111111 ILIl1111 111 111111 11 i 11l 111kii11111 1E111 111 111111 11 1111111 I 1111 11111 11111 111 1 11111 11 i111111111 11U1 11111 11 I 11 1 •1 111 1 1 111,11 11 1111 • ; 1 11111 1 1 S'JJ . IILIIr1 HALT 1 1 1111! 1 1111 I 11111 1 l 11111, 1 Ill II 111111 1111 I 1 1N111 I 111,11 I I ! IA I III I. I. 1 11f11 111o1 1111 11I1 I1 11i111 Ili i I 1'111 1 111 1 111 ! 11111 11'1.11 i1 r11I11 k11 1 111 111111 11 11.1.' i 1. Ile I F11 1 It/ 111311 1 ■ 1,1 11 1 111 . 111 1 111 11111 111,11. E r 1111 111 1 141 11rl11 11•1'11 111'l 1 1,9 ill 1 01111 111.11 111.E 111 1 14 r 1! I 1 1 i1i11' 4111 1111 III 11.I11 1 1 111 1I .111111 111 • lil 1 11 • 'IL 11 r rEIE J ELEVATION D 0 1201 4 AS —BUILT CONDITIONS N l�n NIA Engineenlg L1C PO Box 2118 LOOM CO 8016-1 1970)44541810 TEMPORARY SERVICES ASPEN SKI COMPANY BUTTERMILK - GREEN BUILDING AMERICAN TOWER COMPANY CARY, NORTH CAROLINA PROJECT NULABER: PROJECT MANAGER: 850 CALCULATION BY: CI-ECKEO 9+r: FIGURE 4 A 102513 FINAL SUBMISSION TO ATC ISSUE 330016 (}ATE DESCRIPTION 2 5 0 0 c PROPOSED ANTENNAS ANIDRM RUMP AMIEMMA LIMARBICTURER maw* TYPE mow. IMBIBER mum (IN) Tv (+ 0R -) a DF ANTENNA FROM GROUND %.E981 (FT) NEW on EXISTING CABLE TYPE CAERE SIZE (OK II) CAE LEWIN TO 6 KATHRIEN PANEL B40 10525 320. 180. 250 0 21'-8" NEW COAX 1/7" 15' PROPOSED EQUIPMENT SCHEDULE CAW NUMBER CABINET MANUFACTURER CROW TYPE MODEL NUMBER NOTES 3 EA. ALU RRH 700L-AT 52.5 LBS. 3 EA ALU RRH 9442 43.0 LBS. 3 EA. ALU RRH 2%60-850 48.5 LBS. 3 EA, ALL RRH 2X60-1900 39.7 LBS. PROPOSED POWER SCHEDULE MIPERE VOLTAGE PHASE NOTES NOTES PROJ C3 NUMBER: TEMPORARY SERVICES PROJECT MANAGER: WSO CALCULATION BY: UglTheering, me ASPEN SKI COMPANY CHECKED BY: NKE r LL1. BUTTERMILK - GREEN BUILDING PO Bat 211s LUIC14n. C060161 AMERICAN TOWER COMPANY 8 012014 AS -BUILT CONDITIONS I9701445.8810 CARY, NORTH CAROLINA FIGURE 5 A 1021313 FINAL SUBMISSION TO ATC ISSUE DATE DESCRIPTION B 2 2 3 4 5 G F 0 C B A L 1 P ATFORM STAIRS 1 1 1 1 } 1 J L _ f I _IL__. M P A1FORIM SUPPORT AND STEEL SLEEVE FOR FENCE SUPPORT POST (TYP. CE 6) (SEE CFTM THIS RGUNE) 1 I 1 J L_ I STEEL GRATING ....e.,-- E T 6._6" SCALE 1 "= 5' 1 L_�J STEEL CNANNCL PLATFORM SUPPORT STRUCTURE PLATFORM SUPPONT AND SIFEL SDI* W/O FM SUPPORT POST ,. - 9' 4" K N' V000 FEN(F SUPPORT POST (TYP. 01 6) FENCE POST DETAIL ICE BRIDGE (SEE EKANPLE) ICE BRIDGE EXAMPLE (PICTURE - COOPER B-LINE CABLE TRAY) NOTES 1. ALUMINUM CONSTRUCTION 2. RUNG SPACING - 12' 3. WIDTH - 24" 4. LENGTH - ti 5' • CROSSING WILL BE JUST ABOVE TOP OE NEW PANELS B 012014 AS -BUILT CONDITIONS NKE Englneenng LLC PO Box 2118 LAUB100. CO 80161 (970) 445-8810 TEMPORARY SERVICES ASPEN SKI COMPANY BUTTERMILK - GREEN BUILDING AMERICAN TOWER COMPANY CARY, NORTH CAROLINA PROJECT NUMBER: PROJECT MANAGER: WSO CALCULATION BY: T CCKED BY: FIGURE 6 000018 A 102613 FINAL SUBMISSION TO ATC ISSUE DATE DESCRPI1ON 2 VIS•tmlik.. SA,IAALt4•1-14:344 000019 000020 000022 In. Ail PARCEL ID: 2735-034-01-001 EXHIBIT C LAND USE APPROVALS 000024 16X44 420-cr L PID# 2735-034-01-001 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING A TEMPORARY COMMERCIAL USE PERMIT FOR THE ASPEN SKI COMPANY AND AMERICAN TOWER CELLULAR ANTENNAE UPGRADES Administrative Decision No. -2013 RECITALS 1. Pursuant to Subsection 4-30-50(i) of the Pitkin County Land Use Code, the Community Development Director of Pitkin County, Colorado ("Director") may approve a Temporary Commercial Use Permit for temporary activities that do not comply with zoning regulations. 2. The Aspen Skiing Company and American Tower (hereafter, the "Applicant") have applied to the Director for approval of a Temporary Commercial Use Permit to construct temporary roof mounted cellular antennae upgrades on the existing "green building" at the base of Buttermilk Ski Mountain for additional cellular service during the 2014 ESPN Winter X Games. Construction of the upgrades will begin on December 20, 2013 and be removed by February 8th, 2014. 3. It is represented that "sleds" will house the upgrades and will be no higher than 2' in height as measured from the top of the existing flat roof. Equipment that will service the upgrades will be located on an equipment platform adjacent to the "green building" and be screened with a 6' wood privacy fence. 4. The subject property is zoned SKI-REC which requires master plan approval for a temporary commercial use permit. The Buttermilk Master Plan was approved in 2013. Subsection 6.1 of the "listing of uses" for the master plan states that the proposed use is considered "Activities and Uses Allowed All Year" and that the appropriate review process for communication transmission sites are "subject to required Pitkin County land use review and approval". A Temporary Commercial Use Permit is the required County land use review. 5. The Director finds that, to the extent applicable, the application complies with the standards in Subsection 4-30-50(i) of the Land Use Code. THE DIRECTOR HEREBY APPROVES the Temporary Commercial Use permit for the Aspen Ski Company/American Tower cellular antennae upgrades subject to the Applicant's compliance with each of the following conditions: 1. The Applicant shall adhere to all material representations made in, or in connection with, the application. 2. The Applicant shall submit for the appropriate electrical/building permits for construction of the upgrades. 3. On or before February 9th, 2014, the Applicant shall remove the temporary antennae and sleds or submit the appropriate application to formalize the upgrades. If an application is submitted and is unsuccessful, the antennae shall be removed promptly. Page 1 of 2 UuJO25 4. Failure to comply with the conditions of approval may result in revocation of this permit. APPROVED th sZJ day of Z.Q.� �� �a i, 2013. CQ Q ctl C d Houben Community Development Director MIN 273503401001 Page 2 of 2 6UU026 RECEPTION#: 606324, 12/09/2013 at 09:57:19 AM, 1 OF 12. R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING THE BUTTERMILK SKI AREA SKI-REC MASTER PLAN, ACTIVITY ENVELOPE AND SITE PLAN REVIEW, AND GMQS EXEMPTION Resolution No.V602013 RECITALS 1. Aspen Skiing Company ("Applicant") has applied to the Board oFCounty Commissioners of Pitkin County, Colorado ("BOCC") for approval of a Master Plan for the Buttermilk Ski Area to address existing and proposed facilities and uses. The intent of the Buttermilk Master Plan is to enhance the experience for mountain visitors. The Plan states, "The goal is not to increase capacity, but rather to maintain the appeal of the ski area, upgrade skier service and employee facilities, and better serve mountain visitors." The new Master Plan would replace the 1986 Buttermilk Mountain Master Plan and subsequent amendments. The Applicant is requesting the following land use approvals: A. SKI -RISC Master Plan for development ot'the proposed facilities B. GMQS Exemption C. Activity Envelope and Site Plan Review 2, The primary base area and on -mountain improvements proposed in the Master Plan include: A. Replace the temporary Powder Panda children's center with a permanent building. B. Remodel and expand Bumps (add 2,282 square feet) to improve food service and dining layout, as well as receiving bays and the trash/recycle area. The first floor will accommodate mountain operations offices, employee lockers, conference room and storage. C. Replace the "Green Building" and consolidate day -lodge services (ticketing, public restrooms and lockers, retail, rental guest lounge/lobby, photo desk, ski school guest services) in a new building. D. Improve the parking lot, vehicle circulation, pedestrian walkways and landscape at the base area. E. Add a Park and Pipe lift. F. Additional snowmaking and snowmaking storage reservoirs. G. Build a new lift maintenance facility. 3. The Buttermilk ski area is located on the south side of Highway 82 to the west of the Aspen/Pitkin County Airport. Most of Buttermilk ski area is located on land within the White River National Forest, however, there is private land within the ski area at the base of Tiehack, West Buttermilk and Main Buttermilk. 4. The ski area is zoned SKI-REC. 5. The Pitkin County Planning and Zoning Commission considered the proposed application at regularly scheduled meetings on June 26, 2012, August 6 and September 3, 2013, and recommendedrapproval by a vote of 6-0. 6. The BOCC considered this application at a duly noticed public hearing on November 6, 2013, at which time evidence and testimony were presented with respect to the application. 7. The BOCC finds the proposed SKI-REC Master Plan conforms to the 2012 AACP and the Land Use UtJt,U27 Resolution No.tg12013 - Page 2 Policies stated in the Code, as follows: A. The base of Buttermilk continues to function as a vital recreational component of the Aspen resort community. B. The size and scale of the proposed new buildings at the base complement and do not detract from the views of the ski area. The buildings are set back from the highway and Owl Creek Road and have a low height and profile. C. Additional landscaping of the buildings and parking lot will improve the visual impact as seen from the highway. D. Pedestrian connections to transit within and adjacent to the base area will be improved. E. The County "favors expansion of uses within existing permitted ski area boundaries, with a focus on expanding uses during non -peak periods." The Applicant is replacing existing facilities within the ski area boundary in order to improve the visitor experience. Expansion of summer uses is proposed to further utilize the existing and proposed facilities. 8. The BOCC further finds that the SKI-REC Master Plan complies with the standards in Sec. 2-40-100 of the Land Use Code ('`Code") for master plans. 9. The I3OCC further finds the Growth Management Quota System is not applicable to the SKI-REC Master Plan, since no new employees will be generated by the redevelopment of facilities, even though additional square footage will be added to the base area. 10. The BOCC further finds that the Activity Envelopes for the base area and on -mountain facilities comply with the Code as follows: A. The Activity Envelopes priniarily contain slopes of less than 30%. Slopes in excess of 30% within the envelopes are man-made anomalies. The Code permits development in these areas of slopes in excess of 30%, pursuant to Sec. 70-20-20(c)(3). B. A 100' setback from the unnamed perennial stream on the western boundary of the ski area is maintained. C. The wildfire hazard can be mitigated. D. The ski area is within mule deer and elk summer and overall range, and is adjacent to an elk production area and migration corridor on Burnt Mountain to the west. Colorado Parks and Wildlife has stated that the master plan should not have any significant negative impacts to wildlife. E. No geotechnical constraints have been identified that would preclude the development at the base area. F. Certain on -mountain improvements (snowmaking and utility lines and snowmaking reservoirs) will occur in areas with a history of slope instability and landslide movement; appropriate mitigation and monitoring will be required. I I, The BOCC further finds that the base area is within the mapped Scenic View Protection Area as seen from Highway 82 and Owl Creek Road, and that the new buildings comply with the standards of Sec. 7- 20-120 of the Code. The buildings are one-story in height, and are clustered with the existing Bump's Building and the Inn at Aspen. The Children's Center and Day Lodge are separated, which breaks up the mass, and the mass is also broken up with covered walkways and varied rooflines. NOW, THEREFORE, BE IT RESOLVED by the BOCC that it does hereby approve the Buttermilk Ski Area SKI-RLC Master Plan, Activity Envelope and Site Plan Review, and GMQS 0UJ028 Resolution No. 5-2013 Page 3 Exemption, subject to the conditions set forth herein, which shall run with the land and be binding on all successors in interest. I. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The approved Listing of Uses for the ski area is attached as Exhibit A. 3. Prior to April 25, 2014, the Applicant shall conduct a site inspection with Colorado Parks and Wildlife and the US Forest Service to ensure that all improved access points to Burnt Mountain and the Government Trail have been identified and gates installed in order to inform the public of the closure of the Burnt Mountain area from April 25 to June 20 to protect sensitive elk production areas and the deer and elk migration corridor. 4. Prior to June 1, 2014, the Applicant shall conduct a site inspection with County Resource Recovery to ensure that all trash containers and dumpsters are in compliance with the County's Wildlife Protection regulation. 5. Prior to submission of any carthmoving, access, or building permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development the revised Master Plan and Site Plans. The above referenced approvals shall be a condition precedent to finalization and recordation of the documents. 6. Prior to recordation of the Master Plan, the Applicant shall complete the acquisition of the 60' wide strip of land within the Buttermilk base parking lot that is currently owned by CDOT in order to proceed under Site Plan Alternative A (attached). if the acquisition is not completed, then the Applicant shall record and proceed under Site Plan Alternative B (attached). 7. Concurrent with recordation of'the Master Plan, the Applicant shall record an avigation easement over the privately owned portion of Buttermilk Ski Area. The avigation casement shall be reviewed and approved by the Airport Director, 8. The Applicant shall cooperate with CDOT, RF"I'A and EOTC in planning/evaluating possible improvements to the pedestrian crossing at the intersection of Highway 82 and Owl Creek Road. 9. The Applicant shall implement the Proposed Transportation Management Measures in Section 4.2 of the Felsburg, Holt & Ullevig "Buttermilk Mountain Master Plan Transportation Analysis" dated November 2011. The Applicant shall also coordinate with the County to ensure that the parking Tots on the adjacent Stapleton property are managed to minimize impacts on traffic flow to and from the Buttermilk parking lot. 10. At the time of submission of the first building permit application for the improvements in the Base Area (Bumps Building improvements, new Children's Center and new Skier Services building), the Applicant shall submit: A. Construction phasing plan and an overall construction management plan for review and approval by Planning/Zoning staff. 000029 ;7 Resolution No Page 4 -2013 B. County access/driveway permit application for all road improvements and parking areas; the permit shall be reviewed and approved by the Aspen Fire Protection District and Planning Engineer. The road and parking improvements shall be built to current County Standards, as described in the Pitkin County Asset Management Plan ("AMP"). C. Comprehensive Fugitive Dust Control Plan to the Environmental Health Department for review and approval, sufficient to meet the County's requirements for PM-10 mitigation. D. Comprehensive drainage and erosion control plan for review and approval by Planning/Zoning staff. A stormwater permit from the State of Colorado shall be included with the plan. E. Comprehensive landscape plan. 1 I . At the time of submission of each building permit application for the improvements in the Base Area, the Applicant shall submit: A. Design -level geotechnical investigation for the structure, including subgrade investigation and pavement design. B. Drainage and erosion control plan specific to the building site. C. Landscape plan specific to the building site. Areas disturbed by construction shall be re - vegetated within one growing season of the project's completion. D. Lighting plan. Lighting standards with a height of 15' are permitted along the pedestrian walkway between Bumps and the Skier Services Building. Maximum intensity is limited to 0.5 foot candles overall. 12. Prior to issuance of each building permit application for the improvements in the Base Area, the Applicant shall; A. Pay the applicable road impact fee based on the additional floor area to be added when the existing facilities are replaced, or submit an independent fee calculation to demonstrate that the fee should be reduced or eliminated. B. Pay the applicable fees for connection to the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. 13. Earthmoving permits are required for snowmaking reservoirs and lines, utility upgrades within the utility corridor, and other re -grading not included as part of a building permit application. A. The snowmaking reservoirs will be located on or above areas with a history of landslides and earthflows. The plans for the reservoirs shall include a detailed evaluation of how construction may impact slope stability short and long-term. The Applicant shall develop and implement a monitoring plan to detect slope movement and increases in ground water levels. The monitoring plan shall include a performance measure that requires draining of the reservoirs in the event of significant slope movement. The plans shall be reviewed and approved by the Colorado Geological Survey, prior to issuance of the Earthmoving Permit. Resolution No 46-2013 Page 5 B. The proposed utility corridor and snowmaking lines cross unstable or potentially unstable slopes. Failure of water lines could result in catastrophic slope failures. With the permit application(s) for water/snowmaking lines, the Applicant shall provide measures/ systems to quickly detect and correct water line leaks. C. Areas of expanded snowmaking are located on landslides and the runoff will flow onto areas with a history of instability. With the permit application(s) for snowmaking, the Applicant shall submit information on existing vegetation cover and drainage conditions in areas where snowmaking is proposed and a monitoring plan to ensure that drainage problems are not exacerbated with the implementation of snowmaking. 14. The Applicant shall submit applications for Site Plan Review for the on -mountain Vehicle Maintenance Facility and Lift Maintenance Facility prior to submission of building permit applications. With the applications, the Applicant shall demonstrate that the proposed building avoid avalanche hazard areas. 15. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection District, including but not limited to fire department access, and fire sprinkler and fire alarm systems. 16. The remodeled kitchen at Bumps must go through a plan review process and be properly licensed by the Environmental Health and Natural Resources Department. 17. Prior to implementation of the Master Plan, the employee baseline for Buttermilk is set at 121 FTEs (based on the 1997-98 baseline). An employee audit shall be completed two years after completion of both the Children's Center and the Skier Services building. Additional audits shall be required every five years after the initial audit. The employee audits shall be completed at the expense of the Applicant. The auditor shall be approved by the Aspen/Pitkin County !-Housing Authority staff. Any additional FfEs in excess of 121 shall be mitigated based upon the housing irnpact fee in effect at the time of payment and no later than one month from the date of the audit finding. Alternative mitigation may be provided, if approved by APCI-IA and the BOCC. All additional employees shall be mitigated whether from the expanded development or via other services provided by the Applicant. 18. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the corners of the area to be disturbed and install construction fencing around the perimeter of this area. All disturbance shall occur within the Activity Envelope designated in the Master Plan. The fencing shall remain in place until a Certificate of Occupancy is issued for the structure. 19. All signs and lighting shall comply with applicable regulations in the Land Use Code. 20. The Applicant shall comply with the following standards for Development in a Low Wildfire Hazard Area: A. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: I) All roof coverings shall be constructed of non-combustible materials and installed on a Class 000031 Resolution No. d-2oI3 Page 6 A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline, such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. 13. Maintenance and Miscellaneous Requirements 1) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one-fourth (1) inch maximum. 3) Yards shall be kept clear of all litter, slash and flammable debris. 4) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 5) Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 6) Swimming pools and ponds shall be accessible by the local fire district. 7) Fences shall be kept clear of brush and debris. 8) Wood fences shall not connect to other structures. 9) Addresses shall be clearly marked with two (2) inch non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. 21. The Applicant shall comply with the following to mitigate impacts on wildlife: A. Silt fences shall be installed between any construction and any body of permanent or ephemeral water body during all phases of construction according to the standard in the County Asset Management Plan. B. Trash/garbage shall be kept in approved bear resistant containers or enclosures, including during construction. A designated recycling area shall be provided. C. Contractors and construction workers shall be prohibited from bringing dogs on -site during construction. t 00032 Resolution No.O 2013 Page 7 22: No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application must comply with applicable building and zoning regulations. 23. Statutory vested rights for the approvals contained herein are 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., § 24-68-105. The statutory vested rights granted herein shall expire on 11 `r 6. . 2023. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 3ra day of October, 2013. APPROVED this 6th day of November, 2013. PUBLISHED AFTER ADOPTIWiFpOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on thel'day of/iha013. lATT ST: Jeajiette Jones, Clerk to he BOCC APPROVED AS TO CONTENT: Cindy I•louben Community Development Director P029-12 PID #27350340]00I BOARD OF COUNTY COM [SSIONERS, P1TKICOUNTY, COLOR DO By. George '.wan, C airman APPROVED AS TO FORM; John Coun ' ttomey t11. �--- 000033 6,1 LISTING OF USES The following listing of uses shall serve as a guide for the administration of the approval process for the lands within the Buttermilk "SKI-REC" Zone Boundary. Pitkin County Land Use Code Section 2- 40-100 states all uses are subject to approval through the master plan process and must be organized by: • Activities and uses allowed all year; • Activities and uses allowed during the traditional winter ski season; • Activities and uses allowed during the traditional spring, summer, fall seasons; • Activities and uses which are allowed by further review. Activities and Uses Allowed All Year Activities which are allowed all year are those uses which are typically associated with the year- round recreational use of the mountain and have little or no environmental and service related impacts. Refer to the Buttermilk Mountain Master Plan illustration (Figure L-02, Buttermilk Mountain 2007 Master Development Plan - Proposed Conditions) which shows locations of buildings, lifts, ski terrain, catwalks and utility corridors. Permanent uses allowed by right year round include the following: 1) General maintenance activities normally associated with the operation of the recreation area including but not limited to: a) Construction of new ski lift facilities as depicted in the plan, as well as lift renovation, relocation, upgrading and maintenance to the extent there is no significant increase in either the bulk of the top or bottom terminals. There will be no significant increase in visibility as seen from the corridors designated in Sec. 7-20-120 of the Code. b) Removal of lifts. c) All ski trail work including grading, clearing, glading, fine grooming, re -vegetation and other such activities normally associated with the construction, maintenance and improvement of trails. d) Construction of terrain parks, terrain features, and ancillary snowmaking. e) Maintenance on all existing hiking, biking and equestrian trails including grading, clearing, re -vegetation and other such activities normally associated with the maintenance and improvement of existing trails. i) General maintenance, modification, reconstruction, upgrades, demolition and renovation of base area and on -mountain structures, including snowmaking equipment and infrastructure. g) Construction staging for activity taking place on site. h) Existing access road maintenance and widening subject to administrative review. 2) Construction of buildings and facilities depicted in the Master Plan, subject to required building permits and other applicable approvals 3) Outdoor recreational uses and facilities set in natural environmental conditions, including but not limited to, skiing, snowboarding and other winter and summer recreation sports, ski racing, climbing walls, bungee jumping and organized group events, playgrounds and outdoor environmental education areas, 000034 4) Expansions of any individual building by 10% or 1,000 square feet, whichever is less. 5) Aspen Skiing Company offices. 6) Grazing on Forest Service lands when allowed by Special Use Permits through the Forest Service. 7) Hunting on Forest Service lands where and when allowed by governing state, federal and local authorities. 8) Hiking, biking, horseback riding on mountain roads and trails and other recreational endeavors on federal, state and locally controlled areas, except when prohibited due to on - mountain construction. 9) Interpretive signs. 10) Picnics. 11) Races on ski, snowboard, foot, bike or other recreational, non -motorized methods. 12)Award ceremonies. 13) Construction of the utility trenches as needed for the repair and maintenance of all utility and snowmaking systems. Water lines, water treatment facilities, compressed air lines, and other such utilities required for the operation of manmade snow -making machinery 14) Extension of snowmaking terrain depicted in the Plan. 15) Vehicle and equipment maintenance and storage shops. 16) Utility lines required for the operation of the ski area. 17) Existing access roads for maintenance and construction of facilities within the ski area. 18) Fuel farms. 19) High explosives storage including construction of the Powder Mixing and Storage Magazine Facility. 20) Communication transmission sites subject to required Pitkin County land use review and approval. 21) Access roads for maintenance and construction of facilities within the ski area. 22) Tube, lattice and other types of lift towers needed to achieve optimum lift operations. .23) New or replacement top and bottom drive and return stations and lift operator cabins not visible as seen from the corridors designated in Sec. 7-20-120 of the Code. 24) Annual maintenance and or replacement of lift machinery and systems as long as such work does not significantly result in change to the lift's capacity, alignment or length. 25) Storage of ski area equipment 26) Construction staging for the use and benefit of the applicant and its affiliates only. 27) Special events including weddings, concerts, children's activities, private parties, worship services, fund raising events, and other group activities and social events with fewer than 500 people hosted at one time. 28) Accessory recreational facilities and structures designed to support specific recreational endeavors. 29) Information shelters and snack stands on the mountain. 30) Public parking lot use through continued agreements for recreational, ancillary and other permitted uses. 31) Public transportation and private transportation. 32) Overnight truck parking by applicant and its affiliates. ��035 33) Rental and sales of recreational equipment and goods in support of mountain activities. 34) Entry signs and relocation of existing Buttermilk Ski Area signs subject to and as approved in the Master Plan or by other Pitkin County review. 35) Public restrooms. 36) Commercial photography and film shoots subject to applicable commercial permits. 37) Environmental/nature tours and education programs. 38) Professionally guided fee based recreational, environmental or nature tours subject to Pitkin County permitting as required for the operator. 39) Food preparation and service for catering and special events. 40) Community space for training, events, and fairs for events with fewer than 500 people with limited exterior visual impacts. 41)Aspen Skiing Company meetings and corporate training events with fewer than 500 people. 42) Special events with more than 500 people, subject to Pitkin County approval for a special event, temporary commercial use permit. Uses Allowed by Right during the Traditional Winter Season or during the Preparation for the Opening of the Ski Area. Uses and activities allowed during the traditional winter season or during the preparation for the opening of the ski area are set by the adoption of this plan. According to section 2-40-100 of the Pitkin County Land Use Code these are: "Activities which are allowed during the traditional winter season are those uses which provide basic support services for mountain operations and have little or no environmental and service related impacts". The allowed winter uses include: 1) Snowboarding, snowshoeing and skiing, both Nordic and Alpine. 2) Outdoor recreational uses and facilities set in a natural environment including but not limited to ski racing, free -style contests, Nordic jumping and other such snow -sport organized special events utilizing amplified public address systems. 3) Ski/Snowboard lessons- group and private. 4) Restaurants, including indoor and outdoor eating and drinking establishments. 5) Personal service outlet including equipment rental and repair activities in support of mountain activities. 6) Lift operation of all lifts shown and described in accompanying plan. 7) Accessory uses to ski area operations not otherwise specifically identified. 8) Existing accessory buildings including, but not limited to patrol stations, warming huts, equipment storage buildings and lift operator huts. 9) Indoor recreational facilities including but not limited to video games, table games, and climbing wall. 10) Ticket sales areas. 11) Snowmaking. 12) Avalanche control work accomplished by the use of high explosives. 13) Snow grooming including, but not limited to, rolling, tilling, compaction, cutting, dozing and relocating. uU0036 /' 14) Establishment of lift opening times, trail closures, grooming schedules, snowmaking efforts and other on -going mountain management issues. 15) Guided skiing tours within ski area permit boundary. 16) Magic carpets to transport beginner skiers. 17) Ski storage and transfer 18) Commercial photography and film shoots. Uses Allowed by Right during the Traditional Spring, Summer, Fall Seasons. Uses and activities allowed during the traditional Spring, Summer and Fall seasons are set by the adoption of this plan. 1) Outdoor recreational uses and facilities set in a natural environment including mountain boarding, horseback riding, disc golf, bungee trampoline, concerts with groups under 500 people and other similar or common mountain recreation activities not specifically mentioned but excluding Alpine Slides, Water Slides, Mountain Coasters or similar uses which would require further review. 2) Fruit stand. 3) Pre -season pass sales. Uses Requiring a Special Event Permit. 1) Events with more than 500 people at one time. 2) Events in the evening at the Cliffhouse (after 6:00 in the winter or after 8:00 in the summer). 3) Events that utilizes the parking lot for anything other than parking (art show, etc.). 4) Any multi -day event that does not directly support ski operations. 5) Any event (such as a concert) that is based outside on the mountain (and not at Bumps or the Cliffhouse). Uses Allowed by Further Review This section identifies uses and activities requiring further review by the BOCC prior to their implementation. 1) Special summer attractions including: hang gliding, zip line, commercial jeeping, Alpine Slides, Water Slides, Mountain Coasters or similar activities 2) New shelters or restaurant facilities not identified on the current plan submission. 3) Summer operations of the Children's Center or day care/summer camp activities including outdoor education, sports/athletics and arts/crafts. 4) Expansion of snowmaking coverage outside of area included within this Master Plan. 5) Any new building not currently included in the Master Plan, which will exceed the 28' height limitation or will be visible from the corridors designated in Sec. 7-20-120 of the Code. UUUO37 f1 6) All building expansions greater than 1,000 sf or 10% of the existing gross floor area. 7) All new hiking, biking and equestrian trail work including grading, clearing, re -vegetation and other such activities normally associated with the construction and improvement of traits. 8) Summer Public Operation of the restaurants except For uses already noted and approved. 9) Night operations of the Summit Express Lift, Park and Pipe Lift and associated terrain unless otherwise permitted under a special event permit. 10) Night operations of the Cliffhouse restaurant until 12:00 a.m unless otherwise permitted under a special event permit. 11) Nordic jumps, auxiliary buildings and snowmaking 12) Private dining ski clubs. 13) Hang Gliding or similar aerial uses and activities 14) Summer lift operation except as permitted under a special event permit. 15) Summer and shoulder season operation of a cycling and mountain bike center or shop located in or utilizing buildings and permitted structures described in the Master Plan, including, but not limited to activities such as rental, repair, bike service, retail sales, instruction, information, patrol and emergency medical support, and other guest services related to bicycle recreation. UU0U38 PARCEL ID: 2735-034-01-001 EXHIBIT D PROOF OF OWNERSHIP 000039 4.75(.11- -- PID# 2735-034-01-001 SNOWMASS ASPEN MOUNTAIN ASPEN HIGHLANDS BL1T1ERMILK January 27, 2014 ASPEN)SNOWMASS. ASPEN SKIING COMPANY Re: Buttermilk Ski Area — Cellular Telephone Facility - Special Use Permit To Whom it May Concern: I am an attorney licensed to practice law in the State of Colorado and Acting Counsel and Director of Legal Services for the Aspen Skiing Company, representing the company in my legal capacity. Aspen Skiing Company is the owner in fee simple absolute of the real estate described in the attached Exhibit A, including improvements thereon, commonly known as the base area of the Buttermilk Ski Area. David Corbin and Aspen Skiing Company Planning and Development staff are authorized to submit and process a Special Use Permit for a Cellular Telephone Facility in concert with American Tower Company and its affiliates on the company's property and Improvements at the base of the Buttermilk Skl Area. Regards, Aspen Skiing Company Acting Counsel and Director of Legal Services P.O. Box 1248 ASpen, CO 81612.1248 970-925-1220 www.asp ensnawmass.eom 19 Primed le heftier' POW Form No. 1343 (CO.40) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY --r. [EtTI[ E CQfilPiliill!.OF TiiEROCKIES; IcVC. PO SoX 4,i5' , ; "' = 849f i1.S;_I-h y` 4U (Villag_o_Center) Winter Palk`,' CC3 604825.- Qenver �303) _892=i'9o3:-;, _(970) 728=$07 = 'FaX:: (97O) 72&=948 sI?ilst A.iitercci'�f=7'r'tle=�itsrira�tce agent for FIRSTAMERICAN TiTLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRSTAMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment as the Company, through itsagent, identified above, referred to in thlsAgreement as the Agent, agrees to issue a policy to you according to the terms of thisCommitment. When we show the policy amount and your name as the proposed insured in Schedule A, thisCommitment becomes effective as of the Commitment Date shown in Schedule A. lithe Requirements shown in thisCommitment have not been met within six months aftertheCom- mitment date, ourobiigation under thisCommitmentwlll end. Also ourobiigation under thisCommitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the foliowing: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the reverse side of this page This Commitment Is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. FirstAmer7can Titlelnsurancc Company AirEST 'vim PRESIDENT SECRETARY BY :" COUNTERSIGNED 000041 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show anydefects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B- Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS if anydefects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- brances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. A 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. if we have any liabilily toyou forany loss you Incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be Issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 000042 COMMITMENT SCHEDULE .A RUSSELL W KEMP IRELAND STAPLETON PRYOR PASCOE EC 1675 BROADWAY SUITE 2600 DENVER CO 80202 1. Effective Date: October 2, 2001 at 7:00 AM Order No. 406914 -C3 SM/lc Customer Reference Aspen Skiin 2. ALTA Owner's Policy Amount: $ 2,900,000.00 Proposed Insured: ASPEN SKIING COMPANY, LLC, a Colorado limited liability company 3. ALTA Loan Policies Amount: $ Proposed Insured: Proposed Insured: Amount: $ 4. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: WELLS FARGO BANK IOWA, NA, an Iowa corporation, as Trustee of the FRIEDL PFEIFER RESTATED TRUST NO. 2, an Iowa trust, which acquired title as NORWEST BANK DES MOINES, N.A., as Trustee of the FRIEDL PFEIFER REVOCABLE TRUST, dated May 20, 1985 Owner's Premium: $ 2,553.00 Lender's Premium: $ Add'1 Lender Chg: $ Add' 1 Charges: Tax Certificate: $ 10.00 Endorsement Chg: $ 35.00 TBD Charges: $ TOTAL CHARGES: $ 2,598.00 issued by: THE TITLE COMPANY OF THE ROCKIES, INC. 517 E HOPKINS AVENUE ASPEN CO 81611 FY.. 970-920-4052 PH 970-920-4050 DENVER 303-595-8463 FIRST A ERICAN TI_TL•E INSURANCE COMPANY U00343 CQZNITNEIT Plat_ id No. SCHEDULE A (continued) Order No. 406914 -C3 - 5. The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin , described as follows: TRACT 1: A tract of land situate in the Southeast one -quarter (SE1r4; of Section 3 and in the Northeast one -quarter (NE1;4) of Section 10, Township 10 South, Range 85 West of the 6th P.M., Pitrin County, Colorado. Said tract being more fully described as follows: Beginning at a point whence the Southeast corner of Section 3, Township 10 South, Range 85 West, bears South 00°15'16" East, 1,044.54 feet; thence South 47°26'00" West, 423.94 feet; thence South 42°34'00" East, 47.70 feet; thence South 47°26'00" West, 71.06 feet; thence South 41°59'00" East, 389.91 feet; thence South 26°31'00" West, 396.73 feet; thence South 19°13'00" West, 1,076.43 feet; thence South 19°52'00" East, 36_91 feet more or less to a point on the North line of Lot 5, said Section 10; thence West, 959.96 feet more or less along the Northerly line of said Lot 5 and the Southerly line of Lot 2, said Section 10 to the Southwest corner of said Lot 2; thence North 726.99 feet along the Westerly line of said Lot 2; thence North 20°18' 00" East, 178.04 feet; thence North 44°32'0O" East, 904.53 feet; thence North 40°37'17" East, 116.92 feet more or less to a point on the Southeasterly right-of-way line of the Buttermilk Nest Road; thence North 49°44'00" East, 885.20 feet more or less along said right-of-way line to a point on the Southwesterly right-of-way line of State highway No. 82; thence along said highway right-of-way line 168.53 feet along the arc of a curve to the left having a radius of 5,760.00 feet, the chord of which bears South 37°30'43" East, 168.52 feet to the Point of Beginning. EXCEPT those portions of Lot 13, Section 3, Township 10 South, Range 85 West of the 6th P.M., released by Buttermilk Mountain Skiing Corporation, a Colorado corporation in release recorded December 2, 1977, in Book 339 at Page 621, EXCEPT that portion thereof conveyed by Buttermilk Mountain Skiing Corporation, a Colorado corporation, to Virginia Aspen Corporation, a Colorado corporation, by Deeci recorded May 13, 1969, in Book 241 at Page 21, EXCEPT that portion thereof conveyed by rriedl Pfeifer to Virginia Aspen Corporation, by Deeds recorded May 13, 1969, in Boo}_ 241 et (Continued) FIRST P IERICAN TITLE INSURANCE CCi1PANY LEGAL DESCRIPTION (continued) Order No. 406914-C3 Pages 17 through 20, inclusive and by Deed recorded September 26, 1969, in Book 243 at Page 531, EXCEPT that poLLi.on thereof released by Aspen Skiing Comppan_', Colorado general partnership, by Release recorded April 5, 1985, in Book 484 at Page 205, EXCEPT that portion thereof released by Aspen Skiing Company, a Colorado general partnership and Friecll Pfeifer by instrument recorded Navember 12, 1993, in Book 730 at Page 603, AND EXCEPT that portion thereof taken by the Department of Transportation, State of Colorado in that certain Rule and Order, given under Case No. 01CV29, District Court, Pitkin County, Colorado, a certified copy of which was recorded June 19, 2001, at Reception No. 455607. FIRST AMERICA.N TITLE INSURANCE COMPANY 00U045 C OMMITMENT SCHEDULE B Section 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIRE4ENTS TO BE COMPLIED WITH: Order No. 406914 -C3 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (h) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit; 1. Deed from WELLS FARGO BANK IOCIA, NA, an Iowa corporation, as Trustee of the FRIEDL PFEIFER RESTATED TRUST NO. 2, an Iowa trust, which acquired title as NORWEST BANK DES MOINES, N.A., as Trustee of the FRIEDL PFEIFER REVOCABLE TRUST, dated May 20, 1985 to ASPEN SKIING COMPANY, LLC, a Colorado limited liability company. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Sill No. 1288 - CRS 39-14-102. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT PURSUANT TO 1983 C.R.S., 39-1-102 (14.5). NOTE: Corporations that do not maintain a permanent place of business in Colorado, and individuals, estates and trusts that do not reside in Colorado may be subject to a Colorado withholding tax on the sale of real property in the amount of $100,000.00 or more. The withholding tax will be the smaller of two percent (2`,) of the sales price or the net proceeds from the sale of such real property. The tax will be withheld by the title company and remitted to the Colorado Department of Revenue unless the seller executes an affidavit confirming the exemption of the transfer from this withholding requirement. NOTE: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the Clerk and Recorder's Office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. The requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. iContinued) FIRST AMERICAN TITLE INSURANCE COMPANY 000046 REQUIREMENTS (continued) Order No. 4O.5914 C-3 THE OWNER'S POLICY, WHEN ISSUED, WILL NOT CONTAIN EXCEPTION NO. 4, PROVIDED (A) THAT THE ENCLOSED FORM OF INDEMNITY AGREEMENT OR FINAL AFFIDAVIT AND AGREEMENT IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE PART'!(IES) INDICATED AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE MOUNT OF $10.00 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. TIE OWNER'S POLICY, WHEN ISSUED, WILL CONTAIN THE FOLLOWING ENDORSEMENT FORI4(S), PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE AMOUNT(S) FOLLOWING EACH ENDORSEMENT ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. 103.7 $25.00 Tax Parcel No Charge Fairway No Charge. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE B, SECTION I OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS ❑ULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR ITS DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. FIRST AMER.ICAN TITLE INSURANCE COMPANY uua047 C OMM I TMENT SCHEDULE B Section 2 EXCEPTIONS Order No. 406914 -C3 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of casements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by lade and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. r. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. NOTE: Upon receipt of evidence satisfactory to the Company that the taxes for the year 2000 have been paid in full, Exception No. 6 will be amended to read: Taxes and assessments for the year 2001, a lien, not yet due and payable. 7. Right of the Proprietor OE a Vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded August 26, 1911, in Book 55 at Page 139. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded April 22, 1944, in Book 167 at Page 557, and May 20, 1953, in Book 180 et Page 155. .. Resolution No. 86-31 of the Bard of County Commissioner's of Pickin County, Colorado, recorded September 4, 1986, in Book 518 at Paae 198. Continued FIRST LMERICAN TITLE INSURANCE COMPANY UUU848 EXCEPTIONS (continued) Order No. 406914 --C3 10. Easement and right of way for the purposes of laying, constructing, maintaining, operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines for the transportation of gas, as granted by Friedl Pfeifer to Rocky Mountain Natural Gas Division of K N Energy, Inc., a Kansas corporation, by instrumenLs recorded October 10, 1961, in BOOk 195 at Page 429 and October 3, 1990, in Book 631 at Faae 29. 11. Easement and right of way for underground telephone and cable television lines maintained by the Grantee, as granted by Friedl Pfeifer to Louis N. Schoknik, Robert Ritchie, James V. Redd and David S. Swan by Easement Agreement recorded July 2, 1992, in Book 682 at Page 492. 12. Resolution No. 93-120 of the Board of County Commissioners of Pitkin County, Colorado, recorded July 28, 1993, in Book 719 at Page 508. 13. Dedication Agreement for Roads recorded November 12, 1993, in Book 730 at Page 662. 14. Resolution No. P2-93-20 of the Planning and, Zoning Commission of Pitkin County, Colorado, recorded November 15, 1993, in Book 731 at Page 451 15. Resolution No. P2-95-01 of the Pitkin County Planning and Zoning Commission recorded March 13, 1995, in Book 776 at Page 42 and re -recorded March 24, 1995, in Book 777 at Page 69. 16. Easements and rights of way for skiing, ingress, egress, ditches, reservoirs and utilities, and rights of use portions of subject property all as reserved by Aspen -Post Company in the Deecl to Art Pfister, a/k/a. 'Arthur 0. Pfister recorded January 6, 1975, in Book 295 at Page 306. 17. Leasehold Estate for a term ending July 1, 2007 (as amended) upon the terms and provisions of Lease dated January 10, 1958, between Fried' Pfeifer and Arthur 0. Pfister, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded may 16, 1963, in Book 202 at Page 316, which Lease has been confirmed, modified and amended as follows: 1. Lease (Basic Pfeifer Lease} dated July 22, 1963 between Fried1 Pfeifer, Lessor, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 578, as amended by the following: (Continued) FIRST ATMERICAN TITLE INSURANCE COMPANY U00049 EXCEPTIONS (continued) Order No. 406914 -C3 a. Addendum to Lease and Lease (1966 Basic Pfeifer Lease) dazed September 28, 1966, between Pried) Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded October 5, 1966, in Book 223 at Page 200; and b. Deeds dated April 15, 1969 from Friedl Pfeifer and from Buttermilk Mountain Skiing Corporation, a Colorado corporation, to Virginia Aspen Corporation, a Colorado corporation, recorded May 13, 1959, in Book 241 at Pages 17, 18, 20 and 21; and c. Agreement and Amendment of Lease (1969 Amendment to Basic Pfeifer Lease) between Friedl Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 593; and which said Lease and said Basic Pfeifer lease (as amended) have been confirmed, ratified and amended as follows: 1. Short Form Lease Agreement dated December 7, 1972, between Fried}. Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 599; and which said Lease and Short Fore Lease 0.972 Short Form Lease Agreement) have been amended as follows: 1. Short Forrn Agreement and Amendment of Lease dated June 1, 1977, between Friedl Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, lessee, recorded November 15, 1977, in Book 338 at Page 684. and which said Leases and Amendments and Modifications thereof have been partially released by instruments recorded December 2, 1977, in Book 339 at Page G21, April 5, 1985, in Book 484 at Page 205 and November 12, 1993, in Book 730 at Page 603. 18. Sublease between Aspen Skiing Company, a Colorado general partnership, Lessor, and Pearce Equities Group II Limited Liability Company, a Utah limited liability company, Lessee, dated September 2, 1993 and recorded November 12, 1993, in Book 730 at Page 579. !Continued) FIRST MER='CA? TITLE INSURANCE COMPANY Uu0055O EXCEPTIONS (continued) order No. 406914 -C3 NOTE: Assignment and zssunution of Sublease between Pearce Equities Group II Limited Liability Company, a Utah limited liability company and Maroon Creek Limited Liability Company, a Colorado limited liability company, reorder November 15, 1993, in Book 731 at Page 204. 19. Resolution No. 97-187, by the Board of County Commissioners of Pitkin County, Colorado, recorded July 15, 1998, at Reception No. 419446. 20. Resolution No. 099-2000, by the Board of County Commissioners of Pitkin County, Colorado, recorded June 13, 2000, at Reception No. 444129. 21. The effect of Civil Action No. 01 CV 28, in Pitkin County District Court, pertaining to a condemnation petition for a portion of subject property. FIRST PIAERIrk0 TITLE INSURANCE COMPANY =J00051 NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89-2) A. "GAP" PROTECTION When First American Title Insurance Company el- its authorized agent, (hereinafter referred to as "Company"), is responsible for recording or fling the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, Iis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds, mortgages, Iis-pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, Iis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against Toss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and indemnity form satisfactory to the Company. If there have been construction, improvements or major repairs undertaken an the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. First American Title Insurance Company Colorado 000052 DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES §10-11-122 Colorado Revised Statutes §10-11-122 requires that"every title insurance agent or title insurance company shall provide, along with each title commitment issued, a statement disclosing the following information: {a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Cornmissidners, the County Clerk and Recorder or the County Assessor" 3u0353 OCT. 9.2001 4:55PM PITKIN COUNTY ASSESSOR lYC). 419 P,3 hurt Date 10/09/ 00110:17AM PTTSIN COUNTY TILEASUM STATMLEST OF TAXES DUE Pao: 1 SCFTEDULENO: R018505 A38B TO: NORWEST BANK DES MOMS N A TRUSTEE PFIELTEB FRiEDL TRUST POBOX 837 DES MOINES, IA 50309 LEGAL DESCRIPTION: SBCT.TOYN,RNG:3-10-85 DESC; SPLIT TAX DJflRICT SHE SCE[ED A18504 A 83.3 AC PARCEL OF LAND SITUATED IN TEE NE4 OF SEC 10 & THE SE4 OF SEC 3 WINO DESCRIBED AS LANDS EAST OF THE EAGLE PINES SUBDIVISION SOUTH OP WEST 13UTTERI4LK RD AND THB INN AT ASPEN AND WEST OF THE MAROON CREEK CLUB THE PROPERTY 13 ALSO BORAERINO ASPEN SEOTNC} COMPANY LAND AND THE UBFS LAND TO THE SOUTH PARCEL: 273503400039 SI`FUS ADD: W BUT ERMIL s RD ASPEN TAX YEAR CHARGE 1999 TAX 2000 TAX TOTAL TAXES TAX AMOUNT INTEREST 3,778.02 4,344,78 GRAND TOTAL DUE GOOD THROUGH 10/31/2001 BEES 0.00 0.00 PAID 0.00 0.00 TOTAL. DUE �,34t1:3 S 1a.10 ORIGINAL TAX BILLING MR 2000 Authority PITSIN COUNTY OPEN SPACE & TRAILS COUNTY HOUSING DEBT ASPEN FIRE PROTECTION ASPEN SCHOOL DISTRICT COLORADO M fN COLLEGE COLORADO RIVER WATER CONS BASALT WATER CONSERVANCY ASPEN VALLEY HOSPITAL ASPEN AMBULANCE DISTRICT PITS N COUNTY LIBRARY TAIL waxer Od7-1-C31BW ME Levy Amount Vol= 3.301 556.53 VACANT LAND 3.806 641.66 0.376 1.068 9.874 3.997 0.252 0.081 1.500 0.246 1.239 63.39 180.06 1,664.67 673.86 47.54 13,81 252.89 41.47 208.89 Aetui1 583,200 TOTAL 583,240 25.771 4,344.78 - TAXES FOR 2000 4jYZ,1b Aieoes+d 150,130 1,130 AIL TAX LIEN SALB AMOUNTS ARE SUBJECT TO CEAKQB DUB TO ENDORSEMENT OF C .JRAIRTP TAXES BY TSB LEIN1IOLDBIt OR TO ADVBHTISIN0 AND DISTRAINT WARRANT FE®9. C ANGE& MAY OCCUR AND THE iYSA3URBa'9 OIL WILL NBM) TO RE CONTACTSD PRIOR TO R81aTTANCE A1rrER Tan FOLLOWING DATES: PERSONAL 1501TuRTY AND MOBILE TOMBS - SEPTEMBER I. REAL PROPERTY - 8RPTEMB.13R 1. TAx LI>a1 i!LUX NittlebOTTON AMOsJNTR 1itTd'T BZ PAID BY CAM OR CASIMIR& CHECK, 506 E. Maio St, - Ste 301 Aspen, Co 81611 (470) 920-6170 4re --1,4 41.0s1 _cr„,,„ 3 UUU054 Form No. 1343 (C0•90) ALTA Plain Language Commilment COMMITMENT FOR TITLE INSURANCE ISSUED BY ai' -R _ - = THE TffLE C ,Mp Ny OF TtiE ROOKIES, INC: : _ : __ -"7849j ( Uage"Center); `__1/VJntQt.Park;=C8tf4$ - - `(97o 72�§ q ent;tinr= >--- Faz: (970j,726=9488 I Trr'stAniericart "Title%rnisur_�a�tee C'o�ttpaif, agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRSTAMERICAN TITLE INSURANCE COMPANY, referred to in thisCommitment as the Company, through its agent, identified above, referred to in this Agreement as theAgent, agrees to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after theCom- mitment date, our obligation under this Commitment will end,Alsoourobligation underthisCommitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: Tho Provisions In Schedule A. The Requirements in Schedule 8-1. The Exceptions In Schedule 8-2. The Conditions on the reverse side of this page This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company ATTESTg PRESIDENT SECRETARY BYi�it3Ts^ b : o? 0•-;7• / 4" COUNTERSIGNED - { 000055 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security Instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records °rare created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B- Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS if any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encum- brances, we shall be liable toyou according to Paragraph 4 below unless you knewof this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation Is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have anyliabilityto you forany loss you incurbecause of an error In thisCommitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the PolicyAmount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. 00 05 C OMMITMENT SCHEDULE A RUSSELL W KEMP IREtND STAPLETON PRYOR PASCOE PC 1675 BROA:DWAY SUITE 2600 DENVER CO 80202 1. Effective Dare: October 2. 2001 at 7:00 AM SM/lc 2. ALTA owner's Policy Proposed Insured: ASPEN SKIING COMPANY, 3. ALTA Loan Policies Proposed Insured: LLC, a Colorado limited Order No. 406915 -C3 Customer Reference Aspen Skiin Amount: $ 2,350,000.00 liability company Amount: $ 2,350,000.00 f•IELLS FARGO BANK IOW_A, NA, an Iowa corporation, as Trustee RESTATED TRUST NO. 2, an Iowa trust of the EREIDL PFEIFER Proposed Insured: Amount: $ 4. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: WELLS FARGO BANK IOWA, NA, an Iowa Corporation, as Trustee of the FRIEDL PFEIFER RESTATED TRUST NO. 2, an Iowa trust, which acquired title as NOR'4EST RANK DES MOINES, N.A., as Trustee of the FRIEDL PFEIFER REVOCABLE TRUST, dated May 20, 1985 Owner's Premium: $ 2,127.00 Lender's Premium: $ 75.00 Add' 1 Lender Chg: $ Adfj' 1 Charges: $ Tax Certificate: $ 10.00 Endorsement Chg: $ 35.00 TBD Charges: $ TOTAL CHARGES: $ 2,247.00 issued by: THE TITLE COMPANY OF THE ROCKIES, INC. 517 E HOPKINS AVENUE ASPEN CO 81611 FX 970-920-4052 PH 970-920-4050 DENVER 303-595-8463 FIRST AMERICAN TITLE INSURANCE COMPANY UuL1O57 C OMMITMENT Plat id No. SCHEDULE A (continued) Order No. 406915 -C3 5. The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin , described as follows: TRACT 2: A tract of Zarld Situated .in Lhe Southeast one -quarter Southeast one -quarter (SE1/45E1/4), Section 3, the Southwest one -quarter Southwest one -quarter (SW1/4SW1/4) of Section 2, the Northwest one -quarter Northwest one -quarter (N'1/4NN1/4) of Section 11 and the Northeast one -quarter Northeast one -quarter (NE1/4NE1/4) of Section 10 all in Township 10 South, Range 85 West of the 6th P.M., Pitkin County, Colorado, being more fully described as follows: Beginning at a point whence the Southwest corner of said Section 2 bears South 11°11'30" East, 392,18 feet; thence South 26°31'00" West, 396.73 feet; thence South 19°13'00" West, 1,076.43 feet; thence South 19°52'00" East, 36.91 feet to the Northerly boundary line of Lot 5 of said Section 10; thence East, 145.49 feet along said Northerly boundary line to the point of intersection with the Southwesterly extension of an existing fence line; thence North 46°06'31" East, 1,760.05 feet more or less along said fence line and Southwesterly extension thereof the Southwesterly right--of-way line of State Highway No. 82; thence 505.58 feet more or less along said Southwesterly right-of-way line and the arc of a curve to the right having a radius of 5,780.00 feet, the chord of which bears North 47°40'36" West, 505.42 feet more or less; thence South thence North thence North thence North 37°02'00" Wiest, 22°09'00" West, 05°58'00" East, 41°59'00" West, 714.83 feet; 278.00 feet; 157.07 feet; 3.44 feet to the Point of Beginning. EXCEPT that portion thereof conveyed by Deed recorded October 12, 1977, in Book 336 at Page 462, EXCEPT those portions of Lot 13, Section 3, Township 10 South, Range 85 West of the 6th P.t4., released by Buttermilk Mountain Skiing Corporation, a Colorado corporation in release recorded December 2, 1977, in Book 339 at Page 621, EXCEPT that portion thereof conveyed by Buttermilk Mountain Skiing Corporation, a Colorado corporation, to Virginia Aspen Corporation, a Colorado corporation, by Deed recorded May 13, 1969, in Book 241 at Page 21, EXCEPT that portion thereof conveyed by Friecll PfP1fer to Virginia Aspen Corporation, by Deeds recorded May 13, 1969, in Book 241 at (Continued) FIRST AhMERICAN TITLE INSURANCE COMPANY 1300058 LEGAL DESCRIPTION (continued) Order 0o. 406915-C3 Pages 17 through 20, inclusive, and by Deed recorded September 26, 1969, in Book 243 at Page 531, EXCEPT that portion conveyed to Patrick Henry, Jr. and Kristen Henry by Deed recorded July 12, 1972, in Book 264 at Page 997, EXCEPT that portion thereof released by Aspen Skiing Company, a Colorado general partnership, by Release recorded April 5, 1965, in Book 484 at Page 205, AND EXCEPT that portion thereof released by Aspen Skiing Company, cl Colorado general partnership and Priedl Pfeifer by instrument recorded November 12, 1993, in Book 730 at Page 603. FIRST AiERIC?1N TITLE INSURANCE COMPANY 00005`? C 0Mi4I THEN T SCHEDULE B Section I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Order No. 406915 -C3 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1 Duly executed and acknowledged Partial Termination of those Leases set forth in Exception Nos. 18 and 19, as amended and supplemented. 2. Deed from WELLS FARGO BANK IOWA, NA, an Iowa corporation, as Trustee of the FREIDL PFEIFER RESTATED TRUST NO. 2, an Iowa trust, which acquired title as NORl1EST BANK DES MOINES, N.A., as Trustee of the FRIEDL PFEIFER REVOCABLE TRUST, dated May 20, 1985, dated May 20, 1985 to ASPEN SKIING COMPANY, LLC, a Colorado limited liability company. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRS 39-14-102. 3. Deed of Trust from ASPEN SKIING COMPANY, LLC, a Colorado limited liability company to the Public Trustee of Pitkin County for the use of WELLS FARGO BANK IOWA, NA, an Iowa corporation, as Trustee of the FREIDL PFEIFER RESTATED TRUST NO. 2, an Iowa Crust, to secure $2,350,000.00. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALT, BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT PURSUANT TO 1983 C.R.S., 3J-1-102 (14.5)• NOTE: Corporations that do not maintain a permanent place of business in Colorado, and individuals, estates and trusts that do not reside in Colorado may be subject to a Colorado withholding tax on the sale of real property in the amount of $100,000.00 or more. The withholding tax will be the smaller of two percent (n) of the sales price or the net proceeds from the sale of such real property. The tax will be withheld by the title company and remitted to che Colorado Department of Revenue unless the seller executes an affidavit confirming the exemption of the transfer from this withholding requirement. iContinued) FIRST AMERICAN TITLE INSURANCE COMPANY 000060 REQUIREt.IENTS (continued} Order No. 40691.5 C-3 NOTE: Effective September 1, 1997, CRS 30-10-40G requires that all documents received for recording or filing in the Clerk and Recorder's Office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The Clerk and Recorder may refuse to record or file any document that does not conform. The requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. THE OWNER'S POLICY, WHEN ISSUED, WILL NOT CONTAIN EXCEPTION NO. 4, PROVIDED (A) THAT THE ENCLOSED FORM OF INDEMNITY AGREEMENT OR FINAL AFFIDAVIT AND AGREEMENT IS PROPERLY EXECUTED AND ACKNOWLEDGED BY THE FARTY(IES) INDICATED AND RETURNED TO THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE AMOUNT OF $10.00 ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. THE OWNER'S POLICY, WHEN ISSUED, WILL CONTAIN THE FOLLOWING ENDORSEMENT FORK (S) , PROVIDED THAT APPLICABLE SCHEDULED CHARGES IN THE AMOUNT (S) FOLLOWING EACH ENDORSEMENT ARE PAID TO THE COMPANY OR ITS DULY AUTHORIZED AGENT. 103.7 $25.00 Tax Parcel No Charge Fairway No Charge. EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO, PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS SET FORTH IN SCHEDULE 13, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR II'S DULY AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS HAVE SEEN RECORDED IN SUCH RECORDS SUBSEQUENT TO THE EFFECTIVE DATE HEREOF. FIRST AMERICAN TITLE INSURANCE COMPANY 000061 C OMMITMENT SCHEDULE B Section 2 EXCEPTIONS Order No. 406915 -C3 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records, 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, it any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. NOTE: Upon receipt of evidence satisfactory to the Company that the taxes for the year 2000 have been paid in full, Exception No. 6 will be amended to read: Taxes and assessments for the year 2001, a lien, not. yet due and payable. 7. Right of the Proprietor of a Vein or Lod: to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded August 11, 1909, in Book 55 at: rage 173. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded April 22, 1944, in Book 167 at Page 557, and May 20, 1953, in Book 180 at Page 155. 5. Resolution No. 86-81 of the Board of County Commissioners of Pitkin County, Colorado, recorded September 4, 1986, in Book 518 at Page 198. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY OUJO62 EXCEPTIONS (continued) Order No. 406915 -C3 10. Easement and right of way for the purposes of laying, constructing, maintaining. operating, repairing, altering, inspecting, replacing, removing, and/or changing the size of, one or more pipelines for the transportation of gas, as granted by Friedl Pfeifer to Rocky Mountain Natural Gas Division of K N Energy, Inc., a Kansas corporation, by instrument recorded October 19. 1961, in Book 195 at Page 428 and October 3, 1990, in Book 631 at Page 29. 11. Easement and right of way for underground telephone and cable television lines maintained by the Grantee, as granted by Fried' Pfeifer to Louis N. Sehoknik, Robert Ritchie, James V. Redd and David S. Swan by Easement Agreement recorded July 2, 1992, in Book 682 at Page 492. 12. Resolution No. 93-120 of the Board of County Commissioners of Pitkin County, Colorado, recorded July 28, 1993, in Book 719 at Page 508. 13_ Dedication Agreement for Roads recorded November 12, 1993, in Book 730 at Page 662. 14. Resolution No. P2-93-20 of the Planning and Zoning Commission of Pitkin County, Colorado, recorded November 15, 1993, in Book 731 at Page 451 15. Resolution No. P2-95-01 of the Pitkin County Planning and Zoning Commission recorded March 13, 1995, in Book 776 at Page 42 and re -recorded March 24, 1995. in Book 777 at Page 69. 16. Easements and rights of way for skiing, ingress, egress, ditches, reservoirs and utilities, and rights of use portions of subject property all as reserved by Aspen -Post Company in the Deed to Art Pfister, a/k/a Arthur 0. Pfister recorded January 6, 1975, in Book 295 at Page 306. 17. Road Easement Agreement by and among Pearce Equities Group II Limited Liability Company, a Utah limited liability company, Friedl Pfeifer, individually and as Trustee of the Friedl Pfeifer Aspen Real Estate Irrevocable Trust No. 1, Aspen Skiing Company, a Colorado general partnership and Patrick Henry, Jr. and Kristen Henry recorded November 15, 1993, in Book 730 at Page 938. 18. Leasehold Estate for a term ending July 1, 2007 (as amended) upon the terms and provisions of Lease dated January 10, 1958, between Friedl Pfeifer and Arthur O. Pfister, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded may 16, 1963, in Book 202 at Page 316, which Lease has been confirmed, modified and amended as follows: (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY 000063 EXCEPTIONS (continued) Order No. 406915 -C3 1. Lease (Basic Pfeifer Lease) dated July 22, 1963 between Friedl Pfeifer, Lessor, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 578, as amended by the following: a. Addendum to Lease and Lease (1966 Basic Pfeifer Lease) dated September 28, 1966, between Friedl Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded October 5, 1966, in Book 223 at Page 200; and b. Deeds dated April 15, 1969 from Fried) Pfeifer and from Buttermilk (Mountain Skiing Corporation, a Colorado corporation, to Virginia Aspen Corporation, a Colorado corporation, recorded May 13, 1969, in Book 241 at Pages 17, 16, 20 and 21; and c. Agreement and Amendment of Lease (1969 Amendment to Basic Pfeifer Lease) between Fried) Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 593; and which said Lease and said Basic Pfeifer lease (as amended) have been confirmed, ratified and amended as follows: 1. Short Form Lease Agreement dated December 7, 1972, between Friedl Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, Lessee, recorded December 7, 1972, in Book 269 at Page 599; and which said Lease and Short Forrn Lease (1972 Short Form Lease Agreement) have been amended as follows: 1. Short Form Agreement and Amendment of Lease dated June 1, 1977, between i.'ied1 Pfeifer and Barbara Pfeifer, Lessors, and Buttermilk Mountain Skiing Corporation, a Colorado corporation, lessee, recorded November 15, 1977, in Book 338 at Page 684. and which said Leases and Amendments and Modifications thereof have been partially released by instruments recorded December 2, 1977, in Book 339 at page 621, April 5, 1985, in Book 484 at Page 205 and November 12, 1993, in Book 730 at Page 603. (Continued) FIRST A4ERICAN TITLE INSURANCE COMPANY 000064 !;. EXCEPTIONS (continued) Order No. 406915 -C3 Sublease between Aspen Skiing Company, a Colorado general partnership, Lessor, and Pearce Equities Group II Limited Liability Company, a Utah limited liability company, Lessee, dated September 2, 1993 and recorded November 12, 1993, in Book 730 at Page 579. NOTE: Assignment and Assumption of Sublease between Pearce Equities Group II Limited Liability Company, a Utah limited liability company and Maroon Creek Limited Liability Company, a Colorado limited liability company, recorded November 15, 1993, in Book 731 at Page 204. NOTE: Upon compliance with Requirement No. 1, Exception Dios. 18 and 19 will be deleted. 20. Resolution No. 97-187, by the Board of County Commissioners of Pitkin County, Colorado, recorded duly 15, 1998, at Reception No. 419446. 21. Resolution No. 099-2000, by the Board of County Commissioners of Pitkin County, Colorado, recorded June 13, 2000, at Reception No. 444129. FIRST MERICAN TITLE INSURANCE COMPANY UU66O65 NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 89.2) A. "GAP" PROTECTION When First American Title Insurance Company or its authorized agent, (hereinafter referred to as ''Company"), is responsible for recording or filing the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds, mortgages, Iis-pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, Iis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and indemnity form satisfactory to the Company. If there have been construction, improvements or major repairs undertaken an the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHINGPROVIDE EHRAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FUN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY LLY Y SATISFIED Y OF THE COVERAGES First American Title Insurance Company Colorado iiUUO66 DISCLOSURE STATEMENT REQUIRED BY COLORADO REVISED STATUTES §10-11-122 Colorado Revised Statutes §10-11-122 requires that "every title insurance agent or title insurance company shall provide, along with each title commitment issued, a statement disclosing the following information: (a) That the subject real property may be located in a special taxing district; (b) That a certificate of taxes due listing each taxing jurisdiction may be obtained from the county treasurer or the county treasurer's authorized agent; (c) That information regarding special districts and the boundaries of such districts may be obtained from the Board of County Cornn-,''ssidners, the County Clerk and Recorder or the County Assessor." 000067 OCT. 9.2001 4:55PM PITKIN COUNTY RSSOR NO.419 P.2 Report Ws; PTTAIN cowry TILEASUREE 1 STATEMENT OF TAXES DUE SCHEDULE NO: ROI8504 �' TO: NORWBST .BANK DES MOINBS N A TRUSTEE PF1ER FRIBDL TRUST POBOX 837 DES MOIt..S, IA 50309 LEGAL DESCRIPTION: SECT: V/NJ/NG:S-10,85 MSC: SPLIT' TAX DISTRICT SEE SCI D 118505 A 83.3 AC PARCEL OP LAND saw:17hD 1N THE NE4 OF SEC 10 do 17111 SE4 OF SEC 3 BEING DBSCRIHBD AS LANDS EAST OF THE EAOLB PINES SUBDIVISION SOUTH OP WEST B'UTTERMUX RD AND THE INN AT ASPEN AND WEST OF TIE MAROON CREEK CLUE THE PROPERTY 1S ALSO BORDERING ASPEN SKIING COMPANY LAND AND TEE LISTS LAND TO TEE SOUTH PARCEL' 273503400039 S1 US ADD: W BtTrTERMILIZ RD ASPEN TAX YEAR CHARGE 'TAX AMOUNT INTEREST FEES PAID 1999 TAX 886.14 ir 0.00 0.00 2000 TAX 1,019.08 0.00 0.00 TOTAL TAXES GRAND TOTAL DUE GOOD THROUGH 10/31/2001 ORIGINAL TAX BILLING FOR 2000 Authority PITKRN COUNTY OPEN SPACE & TRAITS COUNTY HOUSING DEBT ASPEN FIRS PROTECTION ASPEN SANITATION DISTRICT ASPEN SCHOOL DISTRICT COLORADO MTN CODAS COLORADO RIVER WATER CONS BASALT WATER CONSERVANCY - ASPEN VALLEY HOSPITAL ASPEN AMBULANCE DISTRICT PITKIN COUNTY LIBRARY TAX DISTRICT oat -1.-AFEW M EI Lcry Amount Waft 3.301 129.30 VACANT LAND 3.806 149.08 0.376 1.068 0.246 9.874 • 3,997 0.282 0.0ffi 1.500 0.246 1.2'19 14.73 TOTAL' 41.83 9.64 386.76 156.56 11.03 3.21 58.75 9.64 48.53 26,017 ' 1,019.08 - TAXFOR 2000 TOTAL DUE 1,01E .O1 'IOs.ZL Actal Antued 136,800 39,670 136,803 39.670 ALL TAX LIEN SALE AMOt1N T8 ARE SUBJECT TO CRAMS DUD To SNDOY34T OP CUARB2 T TAXES DY TEE LEBNHOILIEIR OR TO ADVERT0210 AND DISTRAINT WABFANI FE88. CHANCES MAY OCCUR AND THE TRIA8Ui,ER'8 OFFICE WILL, NEED TO DB REA.T7 - S8- TAC18U TO T'iTANCBT 1, REAL FSOF}HITi LIM SA= ON LUOVNE8 MUST E& PAM B'Y CASH OR CASE Gam- 506 E. Mxln 9t. - 9ts 201 Aspen, Co 81611 (970) 924.8170 fees Rerr lts `` oe -1/ , 2 0U0068 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 27, 2009 at 8:00 AM 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Proposed Insured: PROFORMA (b) ALTA Loan Policy-(6/17/06) Proposed Insured: (c) ALTA Loan Policy-(6I17/06) Proposed Insured: Case No. PCT13326PRO Amount$ 0.00 Premium$ 0.00 Rate: Amount$ 0.00 Premium$ 0.00 Rate: Amount$ Premium$ Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: STATE OF COLORADO DEPARTMENT OF TRANSPORTATION 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Schedule A-PG.1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. HOOP EXHIBIT "A" LEGAL DESCRIPTION A tract of parcel of land No. 113 Rev. of the Department of Transportation, State of Colorado, Project No NH 0821-051 Unit 1, containing 0.046 acres more or less, being a part of a parcel of land described in deed recorded January 3, 1997 at reception no. 400593 in the records of Pitkin County in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Northerly line of said parcel of land described in deed recorded at reception no. 400593, from which the Southeast corner of said Section 3 bears South 07°34'04" East, a distance of 1,210.85 feet; Thence along said Northerly line, North 50°36'53" East, a distance of 41.24 feet to the Westerly Right of Way line of Colorado State Highway 82 (Project No. AWP 2012-B, Nov. 1937); Thence along said Westerly Right of Way line and along the arc of a curve to the left, non -tangent to the previous course with a radius of 5780.00 feet, a central angle of 00°35'47" an arc length of 60.16 feet and a (chord which bears South 35°39'18" East, a distance of 60.16 feet) to a point on the Southerly line of said parcel; Thence along said Southerly line, South 50°36'53" West a distance of 25.06 feet; Thence North 50°56'07" West a distance of 61.27 feet to the POINT OF BEGINNING. BASIS OF BEARING: South 89°12'25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of Section 3 being a 2.5" brass cap, LS 9184, 1994. TOGETHER WITH: A tract or parcel of land No. 113-A Rev, of the Department of Transportation, State of Colorado, Project No. NH 0821-051 Unit 1, containing 0.252 acres more or less, being a part of a parcel of land described in deed recorded January 3, 1997 at reception No. 400593 in the records of Pitkin County, in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Northerly line of said parcel of land described in deed recorded at reception no. 400593, from which the Southeast corner of said Section 3 bears South 44°07'96" East, a distance of 1,032.43 feet; Thence South 35°36'54" East a distance of 60.16 feet to a point on the Southerly line of said parcel; Thence along said Southerly line, South 50°36'53" West a distance of 118.43 feet; Thence continuing along said Southerly Tine, South 41°02'27" West a distance of 81.50 feet; Thence North 25°53'25" West a distance of 45.75 feet; Thence North 28°45'16" East a distance of 78.15 feet to a point on the Northerly line of said parcel; Thence along said Northerly line, North 50°36'53" East a distance of 119.54 feet to the POINT OF BEGINNING. BASIS OF BEARING: South 89°12'25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of Section 3 being a 2.5" brass cap, LS 9184, 1994. TOGETHER WITH' A tract or parcel of land No. 113-R of the Department of Transportation, State of Colorado, Project No. 0821-051 Unit 1, containing 1.009 acres more or less, being a part of a parcel of land described in deed recorded January 3, 1997 at reception No. 400593 in the records of Pitkin County, in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, said tract or parcel being more particularly described as follows: BEGINNING at a point on the Southerly line of said parcel of land described in deed recorded at reception no. 400593, from which the Southeast corner of said Section 3 bears South 44°39'14" East, a distance of 972.98 feet; Thence North 35°36'54" West, a distance of 60.16 feet to the Northerly line of said parcel; Thence along said Northerly line, North 50°36'53" East a distance of 723.76 feet; Thence South 50°56'07" East a distance of 61.27 feet to said Southerly line of said parcel: OuUO7O Thence along said Southerly line, South 50°36'53" West a distance of 739.99 feet to the POINT OF BEGINNING. BASIS OF BEARING: South 89°12'25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of Section 3 being a 2.5" brass cap, LS 9184, 1994. ALSO TOGETHER WITH: EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any part of the right of way of Colorado State Highway No. 82, a Highway established according to the laws of the State of Colorado, and from and to any part of the property of the Grantor in the Southeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, in Pitkin County, Colorado, abutting upon said Highway, along or across the access line or lines described as follows: BEGINNING at a point on the Northerly line of a parcel of land described in deed recorded January 3, 1997 at reception no. 400593 in the records of Pitkin County, from which the Southeast corner of said Section 3 bears South 07°34'04" East, a distance of 1210.85 feet; Thence South 50°56'07" West a distance of 61.27 feet to the point of terminus of this description. BASIS OF BEARING: South 89°12'25" East, 2703.97 feet, along the North line of the Northeast Quarter of Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian. The North Quarter corner of Section 3 being a 2.5" G.L.O. Brass cap, The Northeast corner of Section 3 being a 2.5" brass cap, LS 9184, 1994. UUDO t I SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. uauo72 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any hen, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded April 22, 1944 in Book 167 at Page 557. 8. Easement and right of way granted to Rocky Mountain Natural Gas Company, Inc., in instrument recorded October 19, 1961 in Book 195 at Page 428. 9. Easement and right of way for road right-of-way as set forth in Right of User recorded August 6, 1964 in Book 208 at Page 411. 10. Easement and right of way for road right-of-way as set forth in Deed of Easement recorded December 22, 1964 in Book 224 at Page 451, Correction Document recorded February 16, 1970 in Book 246 at Page 842 and Ratification recorded March 10, 1970 in Book 247 at Page 255. 11. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company in instrument recorded September 21, 1967 in Book 229 at Page 306. 12. Easement and right of way for Buttermilk West Road and two private roads as constructed and in place. 13. Terms, conditions, provisions and obligations as set forth in Lease recorded December 7, 1972 in Book 269 at Page 578 and Amendments thereto recorded December 7, 1972 in Book 269 at Page 593 and Page 599 and November 15, 1977 in Book 338 at Page 684. 14. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the The Board of County Commissioners recorded August 14, 2000 as Reception No. 446051 as Resolution No. 159-2000. 15. Easements, rights of way and all matters as disclosed on Survey recorded September 20, 2004 in Plat Book 70 at Page 69 as Reception no. 502124. 16. Easements, rights of way and all matters as disclosed on Survey of Buttermilk Base Map prepared by Bookcliff Survey Services Inc. dated March 12, 2009 as Job No. 08048-03. ;,CI 073 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021009062 REFERENCE: PCT13326PRO/CDOT 000074 Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. 000075 L!OOK24l Pact .4 XASSNENT AND LICENSING AGREEMENT • THIS AGREEMENT, made and entered into by and between VIRGINIA ASPEN RATION, a Colorado corporation, hereinafter referred to as "Virginia"; j#d BUTTI1l1ILK MOUNTAIN SKIING CORPORATION, a Colorado corporation, hereinafter **tetrad to as "Buttermilk"; WITNESSETH: RECITALS t,1 Description of Real Property Involved: The real property which is ih.^ subject of this Agreement is situate in Pltkin County, Colorado, to -wit: (a) Virginia has contracted and agreed with Friedl Pfeifer to acquire title in fee simple from him to that certain tract of land more particularly described on Exhibit A attached hereto and by reference herein incorporated. (b) Buttermilk has by Lease Agreement dated July 22, 1963, between Friedl Pfeifer and Buttermilk, leased, with other lands not subject hereto, those certain lands identified as Tracts 1 and 2 more particularly described on Exhibit B attached hereto and by reference herein incorporated. Collectively, Tracts 1 and 2 may be referred to hereinafter as "the lands". The lands constitute a part of the property referred to in (a) above. 1.2 Ownership: Friedl Pfeifer is the owner of the fee simple title to all of the property described in Exhibit A and Virginia is the contract purchaser of such property. Buttermilk is the lessee under the lease refrrred to in paragraph 1.1 of Tracts 1 and 2. 1.3 Former Use: Buttermilk has under ieaso tho lands iron Friedl Pfcitor utilizing Tract 1 as a parking area and Tract 2 in conjunction with its skiing operation. ButLerutilk, In aecardanrr with the terms of this Agreement, will execute its Quit Claim Deed to Friedl Pfeifer and/or Virginia with respect to the tract described on Exhibit A, suh1ect, however, to the terms and provisions of this Agreement. 1.4 Present Improvements: Buttermilk has constructed nn Tract 2 the hale portion of a T-bar tow, including the necessary building to house the tow machinery. Virginia rerognixes the ownership of Buttermilk In and to ;:hrsr improvementh and hereby confirms said ownership in and to 4nld improvements own Buttermilk. UU0016 PAGE PEN after e r ,+ t nest r, 1.5 Consideration: The consideration for this Agreement includes Buttermilk's above described quit Claim Deed to Friedl Pfeifer and,or Virginia; the contem- plated improvements to be constructed by Virginia on the lands described in Exhibit A; and other benefits to be derived by each of the parties by reason of their execution of this Agreement. II GRANT OF EASEMENT AND LICENSE FOR TRACT 1 2.1 Granting Clause: For the consideration expres•;ed In paragraph 1.5, Virginia hereby sells, grants. conveys, and delivers to Buttermilk en irrevocaile easement and license for utilization of Tract 1 as a parking area for futtcirmi'k and for Buttermilk's customers, guests, invitees, and members of the general tublic who are utilizing or spectating tit Buttermilk's skiing facilities; TO HAVE AND TO HOLD said eeeemont and license unto Buttermilk, itu auccessors and assigns, until and including January 9, 1988, and so long thereafter as Buttermilk, Its successors and assigns, are conducting the operation of a ski area or related skiing facili- ties in the area now known as Buttermilk Mountain Skiing Area, and as described in part in that curtain lease dated July 22, 1963, between Friedl Pfeifer and Buttermilk, as amended, and as the s;zmc may hereafter he amended, extended, renewed, or replaced, said Irrevocable Casement and license, upon the terms and conditions set forth In this Sp.-tion 11, 2.2 Uti1[zatfnn of Tract I: Tract 1 sioll be ut;lteed as a parking area only. Such usage 4I; i 1 1 hp ,•1r Inyed mutt un 1 ly hy Buttermilk, its successors and assigns, and Virginia, ON ti,rc.rI ssors and assigns, and hy their customers, guests, tiviteeg, and m,mhr•rr: of ile. g.•n4•rz1 puhl:r who ;,re ut f 1is:ing or spectating at (he facilities owned or npr•r.1t. d by each. 2. f Cov,..nanl IJr.r t, r...;1 curt The parties ngr+•c 1 Imt no strucl ores of any oat ir. , Iqr Aiding wirl,n•1F 1Ir11tar (•+n inner•; . shall hp conr.irurfrd on Tract l wirh.,, r the. n.r• .11 wr 1t+,•ry rnnsent of Virginia and futtrrmilk first hid and r,1 r n in, :I . 1 + Ilnrri 5e,trfac.in cf Pnr1r1 .g keen• Vie Inin i rrr�u Ir+ + . . .b'... —c_.._._ A R hard st'fare the parking 4r. r1 of Trgrr 1. Air Its zn].• ro:t nod pyperrvi., not 1:1ter Than n••tr,i,. r 15, 1n(.t) M:rintr•r.irri r• -rnrl rnpalro •.f the, i„+r-•f cnrfnuM :1•.•:1s 01:111 hn Rt Vlrgininrc colt. r .sit and ”rpnnan 00U077 termilkla :onten- ed its reason of i, Virginia .e easement : and for blic who AND TO gnn, until s 5t!cceneor l ng facili- ?scribed and led, erns and •a r.nly. Issignc, Invitees, facilities pAil:ine 1'1h•• 2.5 Snow Removal: During the period of each year that Buttermilk is operating its skiing area, Buttermilk, at its sole cost and expense, agrees to cause avow to be removed from the hard surfaced area, including Virginia's abutting drive- way and parking area, as soon as feasible following any snowfall requiring removal. 2.6 Payment of Taxes and Assessments: Virginia agrees to pay all ad valorem taxes and special assessments which may be levied or assessed against Tract 1. III •':j GRANT OF EASEMENT AND LICENSE FOR TRACT 2 ,14 3.1 Granting Clause: For the eonsic:ration expressed in paragraph 1.5, Virginia hereby sells, grants, conveys, and delivers to Buttermilk an irrevocable easement and license for utilization of Tract 2 for skiing purposes and activities, including, but not by way of limitation, use by Buttermilk and Buttermilk's customers, invitees, and guests, of Tract 2 for skiing, as a meeting place for Buttermllk'a ski school operation, and for keeping, replacing, maintaining, and repairing of the ski lift and improvements referred to in paragraph 1.4 hereof. TO HAVE AND TO HOLD said easement and license unto Buttcratllk, its successors and assigns, until and including Jan.inry 9, 1988, and act long thereafter as Buttermilk, its successors any` assigns, are conducting the operation of a ski area or related Skiing facilities ir, t.h. arcn now known ar Buttermilk Mountain Skiing Area and as described in part in ihat crrtnin lease dated July 22, 1963, between Friedl Pfeifer and Buttermilk, as amended, rind as the same may hereafter b. amended, extended. renewed. and replaced, said irrevncahle easement and iiccnsn, upon I,},, tvrmr. an. rnn,lir i-.ns set fnrrh In this. Section TTT- 3,2 utilization ni Tract 2: fturin.• the skiing season. Tract 2 Ghn1l h,• urilt'.el For ski i n, •art lv e t l ec .•n lv . : tu•l` u••r1Fi• .shn 1 1 be enjoyed mut t1:1 I 1 v by Buttermilk, its suC,-r N•:.,s•.^• and ,,.,I.rn., rigid }.v - iryinin, it { r:nrrr•,esnrr and .^,coigns. pre- vi,I,yi 1;•.,,,, t•,ar t';.al v i r$i ni a' lrC:i^r• ,ha 1 1 not inter fore with But trrmi 11;' g .:ca£, t4. $i•;l.r Treat. 2 may be used as Virgtnin, itr mr y.;ciF-, sh:c� t ,1er.r etch f!•ri • however. to the terms n1 oaragraph ,.,.-._ .c_ N.•: er t,enstrvci ;•h nn•rt te! aprot that n•` new struc turr nr• ;• n==,• r tt .,hu r i r.k.o br• r•nnetrurtnn nn Tear: 000078 .16:4 the mutual consent of Buttermilk and Virginia first obtained; provided, ' r, that Buttermilk may without such consent (a) repair and/or replace itsi". C 4 >;a+*Making structures on Tract 2 (being the T-bar tow, including the building .kemaing its machinery) so long as such repair and/or replacement does not involve _;,tile usage of additional ground surface in Tract 2, (b) erect the necessary V temporary signs for operation of its ski school meeting place; and (c) erect ;•?y1 the necessary temporary fencing for crowd control in the vicinity of the T-bar 'sue tow it is understood that any signs and/or fence erected under this exception to this paragraph 3.3 will be removed from Tract 2 by Buttermilk for the period approximately April 15 to November 15 each calendar year when skiing operations are not being conducted by Buttermilk. 3.4 Payment of Taxes and Assessments: Virginia agrees to pay all ad valorem taxes and special assessments which may be levied or assessed against Tract 2; provided, however, that Buttermilk shall be responsible for paying any ad valorem tax levied or assessed on Buttermilk's improvements situate on Tract 2; and provided further, however, that Buttermilk agrees annually to reimburse Virginia for the ad valorem taxes attributable to the unimproved land value of Tract 2 paid by Virginia, such reimbursement to be made within 30 days after receipt by Buttermilk from Virginia of proof of such payment by Virginia and substantiation of the amount so allocated to the unimproved land value of Tract 2. IV PRIOR AND SENIOR INTEREST OF RUTTFRMELK 4.1 Dominant and Servient Estates; The parties agree that the estates created, granted, and conveyed to Buttermilk by this Agreement shall he regarded as dominant estates and the estates of Virginia shall be regarded as the servient estates notwithstanding any mutual rights of user reserved to Virginia. 4.2 Effect of this Agreement: Specifically, but not by way of limitation, Virginia acknowledges and agrees that the estates, rights, and privileges creatto, granted, and conveyed to Buttermilk by this Agreement shell in no way ever be affected, prejudiced, encumbered, or terminated by any event or occurencc per- formed or suffered by, through, or under Virginia, voluntiry or involuntary, whether such event or occurence be a breach of or default under a mortgage (or any other security instrument) or other Iien, or foreclotiure of any such mortgn},e -4- ......k .. ,. II( F.Jt ed; provided, replace its building tes not involve •cessary (c) erect f the T-bar is exception. r the period • operations Id valorem .t Tract 2; 1ny ad valorem 2; and rse Virginia Tract 2 receipt by bstantiation :sus created, Jed as • servipnt 1. e11, i nn , (Tyr. 1 c•aLrd, ewer h.• *encc i.rr- unt,n, ry , age. (1,r 'itch mnrl gnrr• (or other security instrument) or other lien, or otherwise. 4.3 Covenants of Warranty! Upon the provisions of this Agreement becoming effective is provided in paragraph 7.1, ge,iera1 warrant covenants of title shall extend from Virginia to Buttermilk as to the estates, rights and privileges hereby created, granted and conveyed to Buttermilk. V AGREEMENT REGARDING ACCESS In additten to the other provisions of the Agreement, the parties agree that access between the buildings, facilities and parking areas that may be constructed on the property of Virginia (referred to in paragraph 1.2 hereof) and the buildings, facilities and parking areas that exist or may be constructed at the base operation of the Buttermilk Mountain Skiing Area (referred to in paragraphs 2.1 and 3.1 hereof) shall never be unreasonably impeded or restricted by any fences or similar barriers. Any such fences or similar barriers shall be constructed with sufficient gates or openings to allow unimpeded access. This provieion shall not apply to.the fencing or other confinement of the road right-of-way to the Butter- milk West Skiing Area. VI WATER AND SEWAGE PROVISIONS 6.1 Water Facilities: The parties hereto agree to share equally the cost of extending an eigh:-inch water main from its present terminus at the Pomegranate In._ to serve Buttermilk and Virginia facilities. In order to minimize the cost of such extension, Buttermilk agrees to utilize such of its equipment as may prove helpful in the project upon proper reimbursement. therefor. The parties shall keep an accurate accounting of their respective costs and any differences shall be adjusted within 15 days after the installation of the water line. The venter main shall be a common utility facility of each of the parties. 6.2 Sewage Facilities: The parties hereto agree to share equally in the cost of providing a aewege facility (nr required expense for extenainn of a sewage Iine from the District to serve, the same) to servo futtermilk and Virginia faci- lities. The sewage facility shall he a common utility facility of each of the parties. Virginia may, at itn expense, tap onto the presently existing sewage facility owned by Buttermilk on a temporary baste prior to the completion of 0UU080 1 ng a ivilegei At structed �uildinga, Iperation .1 with 11 not Ater - ate ost a _es 'he t c f- uU0881 the facilities contemplated ty this paragraph. Virginia agrees, at its expense, to pump and remove excess sewage caused by the temporary connection. VII MISCELLANEOUS 7.1 Quit Claim Deed >rom Buttermilk to Frieda Pfeifer and/or Virginia: For and in consideration of the other terms and provisions of this Agreement and as pro- vided in subparagraph 1.3 of this Agreement, Buttermilk will execute its Quit Claim Deed to the lands described on Exhibit A contemporaneously with the delivery of the deed from Fried' Pfeifer to Virginia conveying the property shown on Exhibit A to Virginia, which conveyance shall take place on or about April 15, 1969, said Quit,Claitn Deed to be subject to and to except and reserve the terms and provisions of this Agreement. Tf'e provisions of this Agreement shall become effective simultaneously with delivery of the deed from Fried] Pfeffer to Vir- ginia, but it is understood and agreed that this Agreement shall he binding upon and inure to the bonefi: of the parties hereto from the date of f.tn execution and subject only to the conveyance of the property described an Exhibit A from Fried' Pfeifer to Virginia, and the delivery of the Quit t:laim geed as shove provided. Upon the failuro of Virginia itself to acquire title to the property set forth in Exhibit A, this Agreement shall be null and void and the parties released from all the terms and conditions hereunder. 7.2 Binding Effect: Upon fulfillment of the provisions of paragraph 7.1, this Agreement shall extend to and be binding upon the suevosscrs and assigns of Buttermilk and Virginia. 7.3 ''endings; The section and paragraph headings employed herein are for con- venience only and shall in nowise ba interpreted to proscribe or rn:arge any portion of this Agreement. 7..G ..Effective Date; ;`'••t969•. •; • . Attest; . The effective date of this Agreement is A Q r;' 1S Assistant Secretary At teat: f r. Secretar VI :7INCA ASPEN CORP BY _-__! ' 1 C201:4 ATION 0 siYlent • BUTTC;RMILK MOUNTAIN SKIING CORPOitA i if "•-• ` By / L /) 4 ,1 �ti, . President 4 is // day of resident, and. tion, a Colorado • • :• • & d ay of President and Skiing Cor- 3uOx.e41. ;-b(f Attached to and part of Easement and Licensing Agreement bett.een Virginia Aspen Corporation and Buttermilk Mountain Skiing Corporation, EXHIBIT A PROPERTY DESCRIPTION - HOLWAY INN, ASPEN COLORADO A parcel of land situate in Lot 5, Section 11, Lot :), Section 2, Lot 14, Section 3, all in Township 10 South, Range 85 West of the Sixth Principal Meridian, County of Pitkln, State of Colorado, to -wit: Beginning at a point from which the Northeast corner of Section 10, Township 10 South, Range 85 West, 6th P.M., bars North 24° 56' 39" Feat, a distance of 34.78 feet; thence North 37° 02' East a distance ai 715.23 feet to the Southerly Right -Of -Way line of Colorado State Highway Ho. 82; thence along the said Colorado State Highway 82 Right - Of -Way along a curve to the right having a radius of 5780.00 feet a distance of 676.90 feet (chord distance of 676.51 feet and bearing North 41° 42' 09" West); thence South 47° 26' West a distance of 423.94 feet; thence South 42° 34' East a distance of 47.70 feet; thence South 47° 26' West a distance of 71.06 feet; thence South 41° 59' East a distance of 393.35 feet; thence South 5° 58' West a distance of 157.07 feet; thence South 22° 09' East a dis- tance of 278.00 feet to point of beginning. Tho above desexibed parcel of land contains approxi- mately 94068 acres, more or leas. LOCI€32 !,41 PAGE ,Gy Attached to and part of Easement and Licensing Agreement between Virginia A8pen Cor•poraticn and flultermiik Mountain Skiing Corporation. EXHIBIT B LEGAL DESCRIPTION TRACT 1 - PARKING AREA A parcel of land situate in Lot 20, Section 2, and Lot 14, Section 3, Township 10 South, Range 85 West of the Sixth Princip.l Meridian County of Pitkin, State of Colorado, to -wit: Beginning at a point from which the Northeast corner of Section 10, Township 10 South, Range 85 West, 6th P.M. bears North 24` 56' 39" West a distance of 34.78 feet; thence North 37° 02' East a dis- tance of 513.00 feet to the true point of beginning of the parcel; thence North 37° 021 East a distance of 202.23 feet to the Southerly Right -of -Way line of Colorado State Highway No. 82; thence along the said Colorado State highway 82 Right -of -Way along a curve to the right having a radius of 5780.00 feet a distance of 676.90 feet (chord distance of 676.51 feet and bearing North 41° z.2' 09" West); thence South 47° 26' West a distance of 322.94 feet; thence South 41° 59' East a distance of 99.94 feet; thence North 47" 26' East a distance of 121.00 feet; thence South 41` 59' East a distance of 613.00 feet to the true point of beginning of the parcel.' LEGAL DESCRIPTION TRACT 2 - SKI AREA A parcel of land situate in Lot 14, Section 3, Township 10 South, Range 85 West of the Sixth Principal Meridian, County ni !'itkin, State of Colorado, to -wit. Beginning at a point from which the Northeast' corner of $ ction 10, Township 10 South, Range 85 West, fifth i'..,;, nears North :/," 5o' 39" West a distance of 34.78 feet; thence North 22" 09' West a distance of 278.00 fee:; thence North 5° 58' East a distance of 157.07 feet to the Crue point of beginning of the parcei• thence North 37° 02' East a distance of 119.46 feet.; thence North 4i° 59' West a distance of 83.02 feet; thence North 5° 58' i•::.st ;, c;i:;c none of 73.11 feet; thence North 41° 59' West a ui_stence of 28R.01 ;'+'c; thence South 47° 26' West a distance of 101.00 thence South 42° 34' East a distance of 47.70 Sect; thoocc sour;•. 1:7° ,.'' lips[ .; distance of 71.06 feet; thence South 41 ° 59' Ea.; ,isconee of 393.35 feet to the true point of beginning of a he parri`i . Tract l contains approximately 3.3(1R1 acres, more or loss, and Tract 2 cuntsLns approximoteLy 1.4720 acres, more or 1r::ti. i 000033 L9612LB1X0.I cn J 0 Z N d RE mw Nw Z0 zu 0 BiFg KmLi, 0 Zz0 WO 0 �Q u Li. ®.t za;to '2_z 2N 0000 0E ,,—ZoiU aoz 6�0 <O� zZ mW 2 Wa7Wg7H'MMM NN.9RStb IOLm TI' Y/JYSe0 IOLT ]N1O1N 1091: m'9�NrNweauoavuNv 1 O13193N1]i1V ]MYTH LIYI �NI'emera3NI!Nv . H1.Nflp71491N t OMVMO'TOa'N3dSV N3d5V tV NNI 3W. 11 `- ANAHIS WW1 aNVl INSOV/Vi1Y -64* OOVyOIO014-gr1, NIX1Y1Msf NNNWIIOOHQOH30LYLV Nin 34L ii i,�!Iiii:� 12IIe 11 _1 .g li a 11 I� g ES r1 - 1 g2 1 li 2r 1 1 1 pM i t 1 iiii e11 Ill it:i 1 hi 111§11dse# eAe ai- .11 a 9 ' E li_ a s 1 ° P 1'IN° ;;; $yy g4Y~aa y�5 1}.2 '�p 82 p e, is Ili �i!;` i I g1.ii.rl lh:a ,;l 11 s11 e Y b i 2 e p t'r 4ik: f e 9# is E e 1: ■ a i v I. X3 fir. 1N / 1, 1 1i 1! 4 i #� !1 1 A 1s°'1/I fillil�I;ii1`gyrI� r• e1 s2 2 I. la ;$g 4A §� I3;_ S 1 ty. ill ,EI sy! 2 a 5t 1 g g Sg e'. '€ 61 a in e_�i gg a - 1 ,11, I Ig 1l110 Ri ft, li bi si 1l#,1 1y 1 g* �� yi �e- ill E 3 � 1 � � Rt� Ili Ln A� g5 a 9 I2!!i!aig24=__1;151 51at1i; q��eIla n,si$`� 'ii " : .� is t, a ga #i. 14 ig 8' Y# ii s iY 1"- i1525 4 bit'Y1 a lili ! l ii 119i'8; y_ !` • # ! R jg ee1g et; Yat e M y � K Gi r [�� e� � e Lt. _�• V t2� 11 CJ 9 � g r ;p� �� 1 ¢ - 1 ,ic •its lip I 1ii #1i i # s di !e p 2 2,2 1a #11= •#ii 1 iii rs €, #i # S 5 Y �g ri. l` 1_'-_ egai r 12 1d;.•iXd xi e 000084 MIME !8&t•EZB9aPS m 000085 xooti.31i WOE'DN30H•MMM 1 oar■ m vooHwa'1. • MI }u'Wa,yd31.W71./-W L1a1 0N1 'ONZZZ33N! ON3 AZi1NI1001-I01H 3d"MrFt 6 ` UOrt16SO 1 N3dbV NalVDOSGY ennaM11jKO7H3dSYLrfe^331SL OaY11O103143daV N9d6YlYNN18H1 A.3ANMS 311.11010,1 W Y/YXT1 0 PARCEL ID: 2735-034-01-001 EXHIBIT E SCANNED FEE AGREEMENT 000086 -t>Govriv-r a PII# 2735-034-01-001 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES i PITKIN COUNTY (hereinafter COUNTY) and t� (-424•114f (hereinafter APPLICANT) AGREE AS FOLLOWS: 1.. APPLICANT hays submittto CUNTY an application for (hereinafter, THE PROJECT). 4 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030-2009 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 Pitkin 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 includes 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 rio to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $_1; �ft which is based on5 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 within 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 APPLICANT Pri Name t Cindy Houben { , Community Development Director V� • + Signatur Date: 31 I+. Mailing. Address: tta Effective 01/26/2010 G county \admm' forms \agreement to pay 12 u00087 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and ATC Outdoor DAS, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has submitted to COUNTY an application for a telecommunications facility at Buttermilk Ski Area. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 030-2009 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 Pitkin 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 includes 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 Iegally 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 $ 1,744.00.- which is based on 5 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 within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. "This $1,744.00 fee includes the planning office flat fee ($1,560 00), the public nafEce fee ($54.00), and the cleric fee ($140 00). PITKIN COUNTY APPLICANT Gerard Ainsztein SVP Managed Networks Cindy Houben Community Development Director Effective 01/26/2010 G countyVadmrn\forms\agreement to pay Prin ame _52-14{ natu Date: i x Mailing Ad ress: American Tower Corp. 10 Presidential Way Woburn, MA 01801 PARCEL ID: 2735-034-01-001 EXHIBIT F LIST OF PROPERTY OWNERS 000089 PARCEL ID: 2735-034-01-001 EXHIBIT G PRE -APPLICATION CONFERENCE SUMMARY U00090 PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Buttermilk Wireless Cellular Facility LOCATION: Buttermilk Ski Area Base "Green Building", 38700 Highway 82 OWNER: Aspen Skiing Company APPLICANT: Aspen Skiing Company, American Tower Corporation REPRESENTATIVE: Dave Corbin, Alison Eastley DATE: January 17, 2014 PID# 2735-034-01-001 Phone: 920-5526 PLANNER: Lance Clarke, 920-5452 Type of Application: Special Review for a Cellular Facility Description of ProjectlDevelopment: The Applicant is requesting special review approval to locate a permanent cellular facility (rooftop antennae) on the buttermilk Administration Building ("green building"). Approval was granted on a temporary basis for these facilities to accommodate anticipated demand from the X- Games. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-30-30(h): Special Review Criteria Sec. 4-30-40(g): Cellular Telephone Facility Standards Sec. 4-30-50: Height Sec. 2-40-100: Uses in Ski-Rec Staff will refer the application to the following agencies: Zoning, City of Aspen Planning 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 hearing and shall mail notice to all property owners within 300' at least 30 days prior to the hearing with the return address of the Community Development Department (copy of the 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. FEES: $1,744 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $1560 (non-refundable; based on 5 hours of staff time; if staff review time exceeds 6 hours, the Applicant will be charged for additional time above l?5 hours at a rate of $312/hour) • Public Notice Fee: $54 S • Clerk Fee: $130 To apply, submit 5 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. Site Plan/visual representations; 3. Relevant Land Use Approvals for the subject parcel; 4. Proof of ownership of subject property (1 copy); 5. Parcel description, including legal description, site plan and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 000091 8. Consent from owner(s) to process application and authorizing the representative (1 copy); 9. List of all property owners within 300'0 copy); 10. Copy of this preapp form. NOTES: > PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. > ONE COPY SHOULD HAVE NO DOCUMENTS LARGER THAN 11 X 17". > ALL MAPS SHALL BE FOLDED. ➢ 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. 000392 BOCC REGULAR MEETING MARCH 26, 2014 Reading and Public Hearing of Resolution Granting Approval for the Aspen Skiing Company/America Tower Corporation Wireless Special Review for Building Mounted Cellular Telephone Antennae — MOTION TO APPROVE Staff: Lance Clarke, Assistance Director of Community Development Applicant: Aspen Skiing Corporation (ASC) and American Tower Corporation (ATC) Representative: David Corbin for ASC and Alison Eastley, Holland & Hart (ATC) Alison Eastley submitted a hard copy of the Power Point Presentation entitled Aspen Skiing Company and American Tower Corporation Application for Special Review, Buttermilk Wireless Cellular Facility, March 26, 2014 171.9Z '9Z goieW � K Q) E rnm 3 ) 0 z? o o2 mcn m0 n " 0ij CDC o> Sir CD -n*. C7 O ;♦ z �C n 0 0 0 0 0 CO CO cn m CD -" `,, 0 0 c� 0 r 3 C/) 9 0 0 O • CD 0 V, • General Project Description punoi6ioee • 0 V V V V V V cno 0 cD 5 C (Q CD i v aansoloua 001104 6uiigeo ix „spats„ 6uiioddns aeuue ue auogd Ileo rn x 94, 0 90 1 0 0 0 co rn 3 0 Phase II: Special use permit to meet Tong -term increased public demand :asodand 4oafoad saapinOJd aolnaaS aelnita3 uoiteaodioo Jamol ueouawv Auedwoo 6uP1S uedsy ' • r ., 1 • '. t 'mrrami+nr I „1i I1 • j n It 11, EoTTERMILK BASE AREA REDEVfLONER T .►r.. • raw mop RfrJ%rC r Atm +14 mom( M{hIi1AH vast R,&V A VtstN0.7 -j ;1 `.rr q.ttd LF'4l' co c) C0 0 0 V CD 0 r 0 0 0 • • 14' co 0 0_ a. CD 0 CD .G-- CO CO 0 7' CO a C D 0_ I 13 a. 0 0 I> LT c"P cc ° X CI CS @ N rn 0 CD �. a O@ cn 0 0- (D .5t �' c C7 > @ "0 CL _ @ O @ O 0 CD 0 N MIPE1IMaas] r a cn CD 0 0 CL C) 0 3 0 c� 71 V V Cr C CT o73 MIN a • o 533 3 CD CO Er cu 0 c(a. R. cn � �• m C -, CT CO CT C &13- s', CD3 (0 Ec m FA "C3 0 rriT - c . c�� f� CD @ CC 3' O' 0 O -ID� -I a) CD CD 0. cn Da : -- c2 O = C n• Q. r) N01) 0 `c : 1.0 Q i•� 3SdWMONS1 13dS Taller wireless cell towers at various site Marco Project: Improved Ce Service in Pitkin County 3 leo penoadwI - pefoid sva Service On & Around 4 Mountains The Bigger Picture — DAS & Macro Projects Xi CD c u) !■■la ■ co mo Cn ..... 0) enoaddbr nnainaN o go D MISCELLANEOUS DOCUMENTS