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Home My WebLink AboutLand Use Case.695 S Aspen St.0037.2018.ASLU- 6 75- 5 '4Â»0, 54 1 0037.2018.ASLU S Aspen Town Homes Unit 8 INSUBSTANTIAL PD AMENDMENT 273713139001 AND 004 5-ta-r,g:+ A 2/Il 4 7 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0037.2018.ASLU PROJECT ADDRESS 0 S ASPEN STREET PARCEL ID 2737 131 39 001 & 2737 131 39 004 PLANNER JENNIFER PHELAN CASE DESCRIPTION INSUBSTANTIAL PD AMENDMENT TO AN APPROVED DEVELOPMENT ORDER REPRESENTATIVE TODD EMERSON DATE OF FINAL ACTION 08/06/2018 CLOSED BY BONNIE SHILES 8/20/2018 0 Permits - Elle Edit Record Navigate Fgrm 1-71 o .ts Format Iab blelp 1/////////Ii=IJ/////////// 22 TW J. i @ @ IX Â» e *~ im ~ ....M........~mp......7 =..Ii.mi~i. g fLI e a :20 8.I i N 4 B W m *1 Dk Jump 1 C Flie GE ~ * 1.J ~ Clgar ~ ~ mi.19(94=09,1............ .*0Â¥56Â·*6*4*2Â£. _~2| Custom Fields | Routing Status I Fee SummarM I Actions ~ Roubng Mistory ~ *Kermit type hsiu ~ ~ Aspen Land Use i Permit # 0037.2018.ASLU Â¥ city ASPEN Address C S ASPEN ST Apt*uite Aillilll~ima. State CO ~ . Zip 81611 Permit Information - Master permit IÂ·Â· Routing queue aslul 5 Applied 06/04/2018 | x Project Status pending Approvec i v DescripUon application for lot 2 south aspen street subdivision pud Issued 1, Closed/Final ~ 1- / Submitted BENDONADAI.IS 925 2855 Clock Running Days r---6~ Expire- 05/30/2019 ~. Submitted via ~ p 2.Zz .calk.&79"'?=t -Â·~6.%: = Owner Last name EMERSON J TODD & GABRf Â·Â· Â· First name PO BOX 5015 ASPEN CO 81612 Phone () - Address Applicant ~ Owner is applicant? m Contractor is applicant? Last name EMERSON J TODD & GABRIE Â· First name PO BOX 5015 ASPEN CO 81612 Phone () - Cust # 31035 Â· Â· Â· Address Email Lender Last name ~ Â· Â· First name Phone () - Address .* Uner POD .00 P Ical-A Gr- 1Ck-Pr 4- 549 3 -lenniferP helan 8/51 le ~ seloN 13!no~ ~ xoqlooll 1 sonoig qell Je'luk AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 4 r 2 ScrÂ·-b-k ;430Â·.O ~~f , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin - ) I, Jâ€žY~4 Se--7 (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of SectionÂ·26.304.060 (E) or Section 26.306.010 (E) of the Aspen Laild Use Code in the following manner: ~- Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy ofthe publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or apaper of general circulation in the City ofAspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Â»1 9- Signalfe The foregoing "Affidavit ofNotice" was acknowledged before me this 9 day of AÂ»St- , 2048, by 74.,41.elL St--t.n 65;r_ PUBLIC NOTICE OF DEVELOPMENT APPROVAL WrrNESS MY-HAND AND OFFICIAL SEAL Notice is hereby given to the general public of the approval of a site-specific development plan and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title 24. My commission expires: 0/15/00 Article 68, Colorado Revised Statutes, pertaining to the following legally described proper'ty Lot 2, South Aspen Street Subdivision/PUD, according 10 tl,7%Y'7?fag~KLDecoeumnb~ero~ 9~,gp,stteP'21 Colorado: the property commonly known as Lot 2, &319/. 43/0, fhlbe* - Unit 8 South Aspen Street Townhomes, by order of the Community Development Director on August 2, Notary Public 2018 via an Administrative Insubstantial Planned Development Amendment. The Applicant received approval to add a new window and door, expand the size of second window, eliminate the roof deck and ~ KAREN REED PATTERSON access stairs, and expand the size of the useable area of the second-level deck but it does not in- crease the overall dimensions of the deck. The vest ATTACHMENTS: 1 NOTARY PUBLIC ed right is solely for the scope of changes approved STATE OF COLORADO in the amendment. For further information contact Â· ~ NOTARY ID #19964002767 Jennifer Phelan, at the City of Aspen Community Development Dept. 130 S. Galena St, Aspen Colorado 429-2759: COPY OF THE PUBLICATION CtiEommismonE*esfebruary 15,2020 jennifer.phelan @cityofaspen.corn. - 8/ City of Aspen Publish in The Aspen Times on August 9, 2018. 0000286752 DEVELOPMENT ORDER ofthe City o f Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows an Insubstantial Planned Development Amendment to add a window and door, expand the size of a second window, eliminate the roof deck and access stairs, and expand the size ofthe useable area of the second-level deck but does not increase the overall dimensions of the deck pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested properly right that is specific to this Insubstantial Amendment. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. ASV Aspen Street Owner. LLC c/o Todd Emerson, Bald Mountain LLC 132 W. Main Street, Unit C Aspen, CO 81611 Property Owner's Name, Mailing Address ASV Aspen Street Owner. LLC c/o Todd Emerson, Bald Mountain LLC 132 W. Main Street, Unit C Aspen. CO 81611 Applicant's Name, Mailing Address Lot 2, South Aspen Street Subdivision/PUD, according to the Plat thereof filed December 19, 2014. in Plat Book 108 at Page 60 County of Pitkin. State of Colorado Lot 2, Unit 8 South Aspen Street Townhomes Legal Description and Street Address of Subject Property The applicant has received an Insubstantial PD Amendment to add a new window and door. expand the size of second window. eliminate the roof deck and access stairs. and expand the size of the useable area o f the second-level deck but does increase the overall dimensions of the deck. Written Description of the Site Specific Plan and/or Attachment Describing Plan Administrative Approval for an Insubstantial PD Amendment to an approved development order. Reception 649326 (8/8/2018) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) 08/09/2018 Effective Date of Development Order (Same date as noticed in the Aspen Times) 08/09/2021 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 88 day of August 2018, by the City of Aspen Community Development Director. C %540 41-Â»--,Â«u 1 Jessica Garrow, Bmmunity Development Director 0/ NOTICE OF APPROVAL For an Insubstantial PD Amendment for the South Aspen Street Townhomes Subdivision/PUD, Legally described as Lot 2, South Aspen Street Subdivision/PUD, according to the Plat thereof filed December 19, 2014, in Plat Book 108 at Page 60 County of Pitkin, State of Colorado Parcel No. 2735-131-39-004 APPLICANT: Todd Emerson, ASVS Aspen Street, LLC c/o Bald Mountain, LLC 132 West Main Street, Ste C, Aspen CO 81611 SUBJECT & SITE OF AMENDMENT: South Aspen Street Townhomes Lot 2, Unit 8 South Aspen Street, Aspen CO 81611 SUMMARY: The applicant is proposing to revise the interior layout of the master bedroom/bathroom of Unit 8 which is the upper unit of the lower triplex on Lot 2. Those changes result in a new window and door and the expansion of a former closet window. The applicant also proposes to eliminate the roof deck and the exterior stairs to the roof deck. Elimination of the stairs will increase the useable area for the second-level deck. However, the size and dimensions of that deck area will not increase. The primary changes are on the west side of the building and do not face the street. BACKGROUND: The South Aspen Street Planned Development was amended via Ordinance No. 23, Series of 2013. The project consists of two lots. Lot 1 was approved with three multi- family structures - two containing 15 affordable housing units between them, ~ 6,3' ' *dul# - 1-- and one containing five free-market ~ units. Lot 1 was also approved with a VEA: â€¢ sub-grade parking garage. Lot 2 was Â·C-Â·i~ 1. 6 7 approved with four structures - a single 1 8 9 family home, and three triplex ;1 8 .t 10 i 11 buildings containing nine free-market / u units between them. + r. Figure A - Site plan of South Aspen Street Townhomes Lot 2. Subject units 8 is ~ 5 1 1 4 2 - .. I *Offl starred. , RECEPTION#: 649326, R: $38.00, D: $0.00 1 DOC CODE: APPROVAL Pg 1 of 6, 08/06/2018 at 12:02:50 PM Janice K. Vos Caudill, Pitkin County, CO The approval required a Final PD Development Plan Set that included an architectural character plan depicting massing, fenestration and materials for each building among other items, reflecting what was recorded as Exhibit C (Architectural Character Plan) to the approval. REQUESTED REVIEW: â€¢ Insubstantial PD Amendment per Section 26.445.110(A) related to a request for a change to fenestration and small expansion of the useable space of the second-level deck. The Community Development Director may approve, approve with conditions, or deny this request based on the criteria found in Exhibit B to this memo. PROPOSED CHANGES: The applicant is proposing to revise the layout of the master bedroom and bathroom in Unit 8 of Lot 2. The new bedroom floor plan creates an opportunity to add a new window and door and enlarge a small window. The applicant also proposes to expand the useable deck area of the second-level deck and to remove the exterior stairs to the roof deck and remove the roof deck. Unit 8 is the interior end unit of the triplex at the corner of S. Aspen and Juan Streets. Previously, the roof as seen in the south elevation was extended. That will not be affected by this amendment though, per the drawings, the railing for the roof deck will be eliminated. Removing the stairs adds useable area to the second-level deck without increasing the dimensions of the deck. The useable area that is gained is less than what is eliminated from the roof deck, therefore, there is no increase in the amount of outside deck area. There is no additional square footage proposed with these revisions. Existing/approved elevations for Unit 8 and proposed changes to the floor plans are attached, Exhibit A. STAFF EVALUATION: Staff has reviewed the proposed changes against the review criteria for an insubstantial PD amendment and finds the following. The requests are limited to the non-street facing side of the unit and more fenestration is being added to the elevations of the unit. The proposed changes do not alter the use or character of the development, which remains multi-family housing, and are limited to minor aesthetic changes which Staff finds to be insubstantial in nature, having nominal impact on the affected structures and overall project. The request does not require any variations from the projects allowed use, and no changes are proposed to the approved floor area, height, or other previously approved dimensional requirements. However, staff does require that the square footage of the roof deck that is eliminated and the square footage of the useable second-level deck area that is being added be verified at the time of building permit review to not exceed any dimensional requirements of the planned development. Staff finds the request to meet all the required criteria for an Insubstantial PD Amendment, as detailed in Exhibit B, Staff Findings. 2 Ofnote, the original vesting date for the South Aspen St. townhomes project has expired; however, the project is still valid under an active building permit. This approval does not extend the vested rights of the entire project, only the changes associated with this approval. DECISION: The Community Development Director finds the application for an Insubstantial PD Amendment for elimination of the roof deck and the access stairs, the increased useable area of the second-level deck, and the new window and door, and expansion of a small window at Unit 8 to be consistent with the review criteria (Exhibit B) and thereby, APPROVES the request with the following condition: 1. The square footage of the both the added usable space on the second-level deck and what is being removed from the roof shall be verified to not exceed the dimensional limitations of the planned development at building permit review. APPROVED BY: - ' i VE (yj,v.v r . v -v 441 Jessica G(Â®*' Community Development Director Datel / Attachments: Exhibit A: Amendment Drawings (recorded) Exhibit B: Staff Findings (In file) Exhibit C: Application (In file) 3 OBRYAN PARTNERSHIP, INC ARCHITECTS - AIX PL-~~ITBU~IES EXHIBIT A P. 0.0=2773 620 M.n'.-. allh 8 =1== F= 970-8.2316 Ii=â‚¬~Gaut.=.A-=~e=== -:--7 1. 4 *.I'./.corn " 7 4 --- - - ,i 1 =: m '1 1 1 913 2Â¥.1 FT WLâ€žâ€ž -- - --4 Xz _ L---~--p-lk -- 21 Ji 2 j 1, \ V- - PE=ZE: *4=.= 2 i \42 *111\ 5 -\ 1 - 4 54~ ~~ Joi \ 1) Z -1 ~:i ' 1 1--- 11 P 0 1 1 2 1 L . 1 1 L-- - -- -EfEELL '' r 9â€ž~vuu- 41 ' 42-1 ~ ~ ~Â«L-dll 1 m - 1 Re,istorts. ~OOFC>ECX ==1 1111111 111111 1111111111= ~------- 4-=1 1 F~y'l ~' .... . j j .-0- 05.320\8 Pri,jed No: 2541/0 0,-by: k ~~UNIT 8 - EXISTING ROOF PL AN gihUNIT 8 - PROPOSED ROOF PLAN - Che,td by: 291 3/1611.1-0 ( 001 /3/16..1.-0, 002 UyIT 8 REVmICÂ»IS - ~COIRCHT Â»OOF PLAN 5/3/2018 aLU 11 3SVH OBRYAN PARTNERSHIP, INC. 11 111111 'INN'j 11Â£111 lilli 11[ 14 ARCHITECU - AJA R =Ar,WAWAsag.--11.1 62~Aas rr-~ 7 19-le . 'FL r-,t-ten , P. 0. *2773 9- Abm 7- 12 44 0.1 "EEE. b~~ 1__j*f" Wk-t*~~ i- rril... 107Â° )wrmiri~LB.i + =6* F= 97.668&6 - Im m*.75- MTIP -~1-f- .-, 0 1 3~ ,~,{JO 'LQ IL - 1 --- - Er/ZEd-jLA.kili~br~ *M- L 2.--1 .7 ....1, 2-5 11 r w--M=:h=m , 1 F.-==91 n :,1 1 1 = - 1 *:imbr --t-1 ' /7Â»ISTING WEST ELEVATION r.2\EXISTING SOUTW ELEVATION El i m 41/V~t kaÂ·JA' 1 lili - __-asa3344-*~~~--~ 2 0 i Z -1 -/IVEL' 1.11 LEI o T ==UaL. 937* -0 33-4 - . all -ELJ L FT'FE> ' ----1-~ ~ ~~~~~~Ir",-t=-==Hff*_ _*~~~~ ~~_~ ~ 1 An-in-&=717=12 1 i raTTEr.'t - -1 .... -1.--~ 1 11 1.-1 - 2-b 1 -M - 1 1 L--1 I--111 1 1 i 12:.:/.#. 1 rt [9==72 1 1 - 1 , 4-v -*06:b, . ..1 1-MI 1 1_~-flt-Â«~ 1---J-.-11,1 , -4-2 t. - ... /'APROPOSED UJEST ELEVATION /7Â»ROPOSED SOUTH ELEVATIONi ,>1 Ii] U 0* 05.03.20ie -. 0 , PIWING 2/41.0 f ' ....... Ir,I...1 1 . IÂ·*Â· ~- O,/wn br J.C Ched,d by. /7*XISTING PARTIAL NORTW ELEVATION /7Â»RoPOSE D PARTIAL NORTH ELEVATION 003 UNIT 8 REVISIONS - Â©conl"Â»1 aEVATION 5/3/2018 Exhibit 8 0/BRYAN PARTNERSHIP, INC RCHIECTS - AJA ARCHITECTURE, PLANNING, INTERIORS P. a 00,2773 3RE...0 F- 9701668.2316 - - .- -r -I.'/1.com f U - - t! ~4 3Â·I'll J.-:Â·Y i N / E 11-/ g 1-1-1 * 1-9 &1 I : r--= E 1 11 1{ 1 11 1 6 , 9 : 2,1 rd' al < 4. ti=!Ell U i lili In I II 11 = . ILl . 2 -Â»1 kÂ»- 1 al- ONE ..1==E Â»7'-' ily [5XTV.1 / : 20.4110/= - , "24 1 Â·|' 1 u f m =El j 11 11- 79. . 4 11 Â·Em~ 1'' r 166.,AU~ 0&â€ž,4 L 1 . f I '411 411 11111.-rl: j 1 L -- | 1 0-: 05/3.2/le Arject No: 234]00 Orawn by: JMC OhuNIT 8 - EXISTING LEVEL 2 PLAN rfhUNIT 8 - PROPOSED LEVEL 2 PLAN Ched,d br ( 001 /3/16- .t'.0Â· C 001 73/16Â· . 1Â·-0. 001 UNIT 0 REVISIONS - Â© 00'mol" UML 2 PLAN 5/3/2018 R:\PRJ\50lml ASPEN FREET- PHASE il\LOWER TRIPLE(\SAS PHASE Il- LOWER TRI-PLEX\SHEEM\001 UNIT 8 REVISIONS.DWG 113SVHd N-NO 4 kt 242 . 4 A' v-' Â£ / #r RECEIVED CITY OF ASPEN JUN 0 4 2018 CITY OF ASPEN JOMMXUY DEVELOPMENT Land Use Application Determination of Completeness Date: May 29, 2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for S. Aspen Street Townhomes, Insubstantial PD Amendment and have reviewed it for completeness (and not compliance). ~ELYour Land Use Application is complete: Please submit the following to begin the land use review process. 1 ) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $1,300.00 3) One additional hard copy of the application. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. ~~Â¥D,'g.You, ClUnifer fhlan, Deputy Planning Director City of Aipefi, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes - No-7.6- Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing -- Yes No b<4 Commercial E.P.F. Lodging 130 South Ga,ena Street Aspen, CO 8:6~1Â·19.75 i P: 970.920.5000 1 F: 970.920.5197 I city:faspen.com Â® BendonAdams May 24, 2018 RECEIVED MAY 2 4 2018 Mr. Garrett Larimer Community Development Department City of Aspen CITY OF ASPEN 130 So. Galena St. COMMTY DEVELOPMENT Aspen, Colorado 81611 RE: So. Aspen St. Townhomes - Minor Amendment . . -1~. '. C. 2,~Â£~~ f. 'm.': 2, .9..:1221~5.1,~ ..11... :-16;1.2.. 0.. Windows and Roof Deck on Unit #8 - '791--1 j // U 11- 1 4- - 1 Mr. Larimer: g I Please accept this request to amend the approvals for the Ry' 3, South Aspen Street Townhomes project to change a few '~ 3 â€¢ windows and eliminate a roof deck and corresponding 3Â· access stairs on Unit #8. This unit is the upper unit of the lower triplex on Lot 2. Changes to the interior layout of the master bedroom/bathroom are causing the desire to change the windows. A desire to have a slightly larger second-level deck is causing the elimination of the third-level roof deck and access stairs. No changes to Floor Area will result from these changes. A small reduction in exempt deck area will occur. All other aspects of the project approval will remain unchanged. The changes are on the west, non-street-facing side of the property. The changes are not visible from the street. Proposed windows are in the same general scale as the existing. The changes have a minimal effect on the rear fagade. The removal of the stair to the upper deck simplifies the architecture. Please find plans detailing the proposed change. Please contact me with any questions or concerns: 925- 2855 or chris@bendonadams.com Attachments: Kind Regards, 1. Review Criteria 2. Application Form 3. Pre-Application Summary 4. Agreement to Pay Form 5. H OA Fo rm Chris Bendon, AICP 6. Authorization to Represent BendonAdams, LLC 7. Proof of Ownership 8. Plans 300 SO SPRING ST I 202 1 ASPEN, CO 81611 970.925.2855 1 BENDONADAMS.COM Exhibit 1 Review Criteria A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Response - The use and character of the project will remain the exact same. The changes to the windows have a negligible effect on the project's appearance. Removal of the exterior stairto the former roof deck area will clean-up and simplify the elevation. This is on the back side, western side of the project and will have virtually no effect on the character of the overall project. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response - The project, its conditions, and its expectations will remain unchanged. The amendment is limited to a few windows and removal of an exterior deck and stair. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Response - No changes to the project's uses or dimensions are proposed. A slight decrease in deck area is expected. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response - The request is limited to amending a minor project detail that could not have been foreseen during the review process. The close examination of the design by the expected buyer led to this change. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response - The project is fully entitled, under construction, and the amendment does not require application for Detailed Review. Exhibit 2 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address: South Aspen Street Townhomes - Unit No. 8 Minor Amendment IBID So. Aspen Street; Aspen, CO 81611 Parcel ID # (REQUIRED) 2735-131-39-004 APPLICANT: Name: ASV Aspen Street Owner, LLC ; c/o Todd Emerson, Bald Mountain, LLC 132 W. Main Street, Suite C; Aspen, CO 81611 Address: 925.2114 email: temerson@baldmountainllc.com Phone #: REPRESENTIVATIVE: Name: BendonAdams Address: 300 So. Spring St. #202; Aspen, CO 81611 Phone#: 925.2855 email: chris@bendonadams.com Description: Existing and Proposed Conditions Existing townhomes project under construction. Project is a Planned Development. Change is to the design - windows on west, non-street side and changes to a roof deck and exterior stairway. Review: Administrative or Board Review Required Land Use Review(s): Minor amendment to a project review approval. Growth Management Quota System (GMQS) required fields: Net Leasable square footage 0 Lodge Pillows O Free Market dwelling units 1 (but not new) Affordable Housing dwelling units I Essential Public Facility square footage 0 Have you included the following? FEES DUE: $ 1,300 i] Pre-Application Conference Summary ~ Signed Fee Agreement HOA Compliance form [23 Allitems listed in checklist o?hreApplication Conference Summary November 2017 Citv of Asgen I 130 S. Galena St. 1 (9701 920 5090 Exhibit 3 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Garrett Larimer, 970.429.2739 DATE: May 8, 2018 PROJECT: South Aspen Street PD - Insubstantial PD Amendment REPRESENTATIVE: Chris Bendon, Chris@bendonadams.com DESCRIPTION: The Applicant is interested in eliminating the stairs that access the upper roof deck on the west fagade of the building and changing the upper roof deck to an inaccessible flat roof. The lower roof deck will be expanded to include the area that had previously included the stairs going to the upper deck, and will also include the addition of a window and door that provide access from the interior of the unit to the lower deck. Interior changes include reprograming of the level two floor plan, including the reconfiguration of bedroom #3 and bathroom #4. The proposed change appears to be minor in nature and will be reviewed for consistency with the criteria for an Insubstantial Amendment. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.110.A Insubstantial PD Amendments Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: Land Use Application RECEIVED MAY 2 4 2018 Land Use Code: Land Use Code CITY OF ASPEN COAMJNITY DEVELOAENT Review by: Staff for completion and administrative review Public Hearing: None Planning Fees: 51,300 Deposit for 4 hours of staff time (additional planning hours are billed at a rate of $325/hour). Total Deposit: $ 1,300 Please submit the completed application to the Community Development Office on the Third Floor of City Hall: Il Completed Land Use Application and signed fee agreement. Il Pre-application Conference Summary (this document). m Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, ASLU South Aspen PD Insubstantial PD Amendment Parcel ID No. 273713139001 and 004 1 judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Il Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Il HOA Compliance form (Attached) O A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. El An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. Il 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: O Total deposit for review of the application. Il a digital copy of all application materials provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2 Exhibit 4 IEITYOFASPENCOMMUNITYDEVELOPMENTDEPARTMENTi Agreement to Pay Application Fees 36 1 An agreement between the City of Aspen ("City") and TBD So Aspen Street Please type or print in all caps S 95 Address of Propertylot 2 South Aspen Street Subdivision/PUD, Amended and restated. 207 ASV Aspen Street Owner, LLC mz Property Owner Namec/o Bald Mountain Representative Name (if different from Property owner) BendonAdanÂ¥~ Billing Name and Address - Send Bills to: Todd Emerson; Bald Mountain, LLC; 132 W. Main Street, Unit C; Aspen, CO 81611 Contact info for billing: e-mail: temerson@baldmountainllc.com Phone: 925.2114 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following Initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 4 $ 1,300 deposit for hours of Community Development Department stafftime. Additional time above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: ~ 42-1 4 Jessica Garrow, AICP Todd Emerson Community Development Director PRINTName: Project Manager City Use: Title: Bald Mountain LLC Fees Due: $ Received $ Case # November 2017 Citv of Assen I 130 S. Galena St. I (970) 920 5090 E~ibit 5 COMMUNITY DEVELOPMENT DEPARTMENT .. Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bv the property owner or Attorney representing the propertv owner. Name: Todd Emerson for ASV Aspen Street Owner LLC; do Bald Mountain LLC Property Owner ('1"): Email: temerson@baldmountainlic.com Phone No.: 925.2114 Address of Property: tbd So. Aspen Street (subject of Lot 2 South Aspen Street Subdivision and PUD, Amendment and Restated. application) I certify as follows: (pick one) l~ This property is not subject to a homeowners association or other form of private covenant. Ed This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. 1 understand that this document is a public document. Owner signature. date: 9&~ fl ' owner printed namet/ ASV Aspen Street Owner LLC ~ by Todd Emerson or, Project Manager Bald Mountain LLC : Attorney signature: date: Attorney printed name: November 2017 City of Aspen I 130 S. Galena St. I (970) 920-5090 Exhibit 6 Â® BendonAdams May 7, 2018 Ms. Jessica Garrow, AICP Community Development Director City of Aspen , 130 So. Galena St. RECENEr Aspen, Colorado 81611 U AY 2 4 2018 CITY OF ASPEN RE: South Aspen Townhomes Co.AMIN DES#4 Ms. Phelan: Please accept this letter authorizing BendonAdams to represent our ownership interests in the South Aspen Street Townhomes project and act on our behalf on matters regarding the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to call. Property: Lots 1 & 2, South Aspen Street PUD/Subdivision: Amended & Restated Owner: ASV Aspen Street Owner LLC; do Bald Mountain Development, LLC Kind Regards, Clbdd Emerson, Project Manager Bald Mountain Development, LLC 132 West Main Street Suite C Aspen, CO 81611 (970) 925-2114 temerson@baldmountainllc.com ALTA Commitment (6-17-06 Commitment Page 1 Commitment Number: NCS-907339-CO Exhibit 7 ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by First American Title Insurance Company First American Title Insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. First American Title insurance Company O-,- r! F\4- U Dennis J Gilmore President 144 4 1#AWN Jeffrey S Robinson Secreiary First American Title Insurance Company ALTA Commitment (6-17-0 Commitment Page 2 Commitment Number: NCS-907339-CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE A 1. Effective Date: May 15, 2018 at 5:00 p.m. a. ALTA Owner's Policy (06-17-06) $0.00 Proposed Insured: None b. ALTA Loan Policy (06-17-06) $42,000,000.00 Proposed Insured: ALCION REAL ESTATE PARTNERS MASTER FUND II, L. P., its successors and/or assigns 2. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 3. Title to the estate or interest in the land is at the Effective Date vested in: ASV Aspen Street Owner LLC, a Delaware limited liability company 4. The Land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof. For informational purposes only: South Aspen Street, Aspen, Colorado First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 3 Commitment Number: NCS-907339-CO EXHIBIT A Commitment No.: NCS-907339-CO The land referred to in Schedule A is situated in the County of Pitkin, State of Colorado and is described as follows: Lot 2, SOUTH ASPEN STREET SUBDIVISION/PUD, according to the Plat thereof filed December 19, 2014, in Plat Book 108 at Page 60, County of Pitkin, State of Colorado. For informational purposes only: APN 273513139004 First American Title Insurance Company ALTA Commitment (6-17-0 Commitment Page 4 Commitment Number: NCS-907339-CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: 1. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for the policy. 3. Payment of all taxes and assessments now due and payable. 4. Recordation of a Release of the Deed of Trust from ASV Aspen Street Owner LLC to the Public Trustee of Pitkin County for the use of TPG RE Finance, LLC, a Delaware limited liability company, as Agent to secure an indebtedness in the principal sum of $75,000,000.00, and any other amounts and/or obligations secured thereby, dated May 22, 2015 and recorded May 22, 2015 at Reception No. 620109. NOTE: Assignment of Leases and Rents in connection therewith recorded May 22, 2015, at Reception No. 620110. 5. Recordation of a Termination of the Financing Statement between ASV Aspen Street Owner LLC, as debtor, and TPG RE Finance, LLC, a Delaware limited liability company, as Agent, as secured party, recorded May 22, 2015, at Reception No. 620112. 6. Recordation of a Deed of Trust satisfactory to the Company, from ASV Aspen Street Owner LLC, a Delaware limited liability company, to the Public Trustee of Pitkin County, for the benefit of the proposed insured lender. 7. Receipt by the Company of the following documentation for ASV Aspen Street Owner LLC', a Delaware limited liability company: Operating Agreement, and all amendments thereto, if any. 8. Receipt by the Company of a satisfactory Final Affidavit and Indemnity, executed by ASV Aspen Street Owner LLC, a Delaware limited liability company. 9. As to issuance of mechanic's lien coverage before or during construction: receipt by the Company of the following documentation: Indemnity Agreement satisfactory to the Company, executed by (a) ASV Aspen Street Owner LLC, a Delaware limited liability company. Current financial statements for (a) ASV Aspen Street Owner LLC, a Delaware limited liability company. Signed Lien Waivers evidencing full and complete payment of all existing or outstanding bills or obligations to any Contractors, Subcontractors, and Suppliers for materials supplied or labor First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 5 Commitment Number: NCS-907339-CO performed, commenced or contracted for, including but not limited to excavation, demolition, engineering and architectural fees. Copies of any Performance and Materialman's Bonds as to construction on the subject: property. NOTE: Authorization to issue mechanic's lien coverage is subject to approval by authorized underwriting personnel, who reserve the right to make further requirements or exceptions upon review of the aforesaid information. First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 6 Commitment Number: NCS-907339-CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION TWO EXCEPTIONS Schedule B of 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: 1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the Land 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 in the Public Records. 5. Taxes and assessments for the year 2017 and subsequent years, a lien not yet due or payable. 6. Right of the Proprietor of 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 Patent recorded August 26, 1949, in Book 175 at Page 298. 7. Terms, agreements, provisions, conditions and obligations as contained in Lease Agreement Between John H. Roberts, Jr. and the Aspen Skiing Company, a Colorado general partnership, recorded December 2, 1985, in Book 500 at Page 605, as amended by instrument recorded October 21, 2014, at Reception No. 614729, with no rights to purchase or rights of first refusal to purchase any or all of the Land. 8. Resolution No. 3 ( Series of 2001 ) recorded February 15, 2001, at Reception No. 451526. 9. Ordinance No. 32 ( Series of 2003 ) recorded August 4,2003, at Reception No. 486407 10. Ordinance No. 27 ( Series of 2007 ) recorded August 8,2007, at Reception No. 540761. 11. Amended and Restated Subdivision/PUD Agreement for South Aspen Street Subdivision/PUD recorded December 19, 2014, at Reception No. 616165. 12. Utility Easements, Pedestrian Easement, rights of way and all other matters as shown on the Plat of South Aspen Street Subdivision/PUD, filed April 27,2007, in Plat Book 83 at Page 50 and the Plat of South Aspen Street PUD/Subdivision, filed December 19, 2014, in Plat Book 108 at Page 60, at Reception No. 616166. 13. Notice of PUD Designation recorded July 10, 2007, at Reception No. 539750, August 8,2007, at Reception No. 540693 and November 12, 2007, at Reception No. 543983. First American Title Insurance Company ALTA Commitment (6-17-0( Commitment Page 7 Commitment Number: NCS-907339-CO 14. Contribution Agreement recorded August 2,2007, at Reception No. 540625 15. Resolution No. 96 (Series of 2009) by the Aspen City Counsel recorded April 1, 2010, at Reception No. 568178. 16. Resolution No. 68 (Series of 2012) by the Aspen City Counsel recorded August 21, 2012, at Reception No. 591518. 17. Resolution No. 18 (Series of 2012) by the Cit'y of Aspen Planning and Zoning Commission recorded October 22, 2012, at Reception No. 593257. 18. Ordinance No. 23 (Series of 2013) by the City of Aspen City Council recorded December 2, 2013, at Reception No. 606010. 19. Any rights, interests, or claims which may exist or arise by reason of the following facts shown on the ALTA/ACSM Land Title Survey dated April 23, 2015, last revised May 11, 2015, prepared by Sopris Engineering - LLC: A. A) a) Encroachment of Planters, Brick Patio and Wood Step appurtenant to the property adjacent and to the West of Lot 2 onto subject property. b) Encroachment of Decorative Iron Fence into the Juan Street right of way. c) Apparent Area of Western Adjoiner Landscaping and Recreation Use & Occupation. 20. Terms, conditions, provisions, obligations and agreements as set forth in the Cost-Sharing and License Agreement recorded August 18, 2015, at Reception No. 622523. 21. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded April 21, 2016 at Reception No. 628736. 22. Terms, conditions, provisions, obligations and agreements as set forth in the Second Amendment to Amended and Restated Subdivision/PUD Agreement recorded July 01, 2016 at Reception No. 630425 and Notice of Approval recorded July 01, 2016 at Reception No. 630424. 23. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Trench, Conduit, and Vault Agreement recorded August 8, 2016 at Reception No. 631249. 24. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Holy Cross Energy Underground Right-of-Way Easement recorded August 12, 2016 at Reception No. 631392. 25. Terms, conditions, provisions, obligations, easements and agreements as set forth in the Agreement for Temporary Construction Easement and Subsurface Encroachment Easement recorded December 29, 2016, at Reception No. 635044. 26. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded June 26, 2017 at Reception No. 639409. 27. Terms, conditions, provisions, obligations and agreements as set forth in the Notice of Approval recorded September 15, 2017 at Reception No. 641482. First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 8 Commitment Number: NCS-907339-CO 28. Terms, conditions, provisions, obligations and agreements as set forth in the Third Amendment to Amended and Restated Subdivision/PUD Agreement recorded September 22, 2017 at Reception No. 641690. First American Title Insurance Company ALTA Commitment (6-17-0( Commitment Page 9 Commitment Number: NCS-907339-CO EXHIBIT B Statement of Charges ALTA Loan Policy $27,293.00 Tax Certification $25.00 First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 10 Commitment Number: NCS-907339-CO CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. First American Title Insurance Company ALTA Commitment (6-17-0 Commitment Page 11 Commitment Number: NCS-907339-CO . 4 t.~ First American Title Â»-40 Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privaczy Policy to govern the use and handling of your personal information, Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the ma nner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: 0 Information we receive from you on applications, forms and In other communications to us, whether in writing, in person, by telephone or any other means; â€¢ Information about your transactions with us, our affiliated companies, or others; and 0 Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased, Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal compa nies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair In formation Values. We currently mai ntain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates' Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information, When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consum ers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page lofl Privacy Information (2001-2010 First American Financial Corporation) First American Title Insurance Company '1, ALTA Commitment (6-17-06 Commitment Page 12 Commitment Number: NCS-907339-CO DISCLOSURE STATEMENT Pursuant to C.R.S. 30-10-406(3)(a) 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 of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding). NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title commitment, other than the effective date of the title commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed. Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until the Proposed Insured has notified or instructed the company in writing to the contrary. The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs 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 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 First American Title Insurance Company ALTA Commitment (6-17-06 Commitment Page 13 Commitment Number: NCS-907339-CO 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 the insured has contracted for or agreed to pay. NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawal as a matter of right. NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of an ALTA Closing Protection Letter which may, upon request, be provided to certain parties to the transaction identified in the commitment. 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 hibit 8 O'BRYAN PARTNERSHIP, INC. ARCHITECTS - AIA ARCHITECTURE, PLANNING, INTERIORS P. O. 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