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Home My WebLink AboutLand Use Case.107 Founders Pl.0030.2008.ASLU/97- 109 FOUNDERS PLACE 0030.2008.ASLU - i INSUB PUD AMEND 1 1 1 1 1 14-00- AC-4- 1 66AA) Att) 6/9 P 4 7 1 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0030.2008.ASLU PARCEL ID NUMBER 2735 -XX XXX XXXX PROJECTS ADDRESS 107-109 FOUNDERS PLACE ( Obermeyer) PLANNER ANDERA HINGLEY CASE DESCRIPTION INSUB PUD AMEND REPRESENTATIVE SCOTT NIBBLACK DATE OF FINAL ACTION 06/27/08 CLOSED BY Angela Scorey No R>caLÂ· * 1/5 Lfek. 43- 74 0030 Â· 2008-Ast-LA p 1/11123' 9 _ 111 j L _. ' us,C, i -2,#*1â‚¬L'I'.'=I".-:.gl-RFIVN:,I#*I.UW. Elle Edit Record Navigate Fgrm Reporis Format Iab Help 1@ * b. ./ 43@ 41.3 12, V 14 4 . 4 0 *1 A o gig |2â‚¬1~1231â€¢ 0 ~/(BAJ 91 -ta ~a~galuation |Custom Fields |actions IFeei |Parcels 1 Fee Summarx |Sub Bermits |Attachments|Routing Status | Routing 1 ) Permit Type ~aslu _~.|Aspen Land Use Permit # ~0030.2008.ASLU Address ~107,108,109 FOUNDERS PACE -2| Apt/Suite ~ City |ASPEN State FE--3 Zip |81611 3 Permit Information - ; Master Permit ~ 2, Routing Queue ~aslu07 Applied |06/06/2008 __] Project ~ 5tatus |pending Approved 1 21 Description ~ INSUBSTANTIAL PUD AMENDMENT Issued ~ Final ~ _.~ Submitted ~SCOTT NIBLACK 948 8385 clock Runnmg- Days [--3- Expires ~06/0132009 -~ Owner - -- Last Name |ASPEN MEDICAL CARE, PC L..,~ First Name ~ 109 FOUNDERS PL ASPEN CO 81611 Phone I P Owner Is Applicant? Applicant Last Name ~ASPEN MEDICAL CARE, PC -~ First Name ~ 109 FOUNDERS PL -- - ~ ASPEN CO 81611 Phone ~ Cust # |28219 i Lender - Â·Â·- - - - ~4 Last Name | .~ First Name ~ ~ - ~ Phone ~ f Permit lenders full address ' AspenGold[bl ~1 - Record: 1 of 1 w.06& ck 61 39 60 c.Â£ y /54(f QUIfK +F- 235/3 DEVELOPMENT ORDER ofthe City of 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 development of a site specific development plan 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 property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, 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. Aspen Medical Care, P.C. Property Owner's Name, Mailing Address and telephone number CONDO: OBERMEYER PLACE UNIT: 107, 108, 109, DESC: CRESCENT BUILDING 107, 108,109 Founders Place, Aspen, CO 81611 Legal Description and Street Address of Subject Property Approval of an Insubstantial PUD Amendment allowing for a Primary Care Physician' s Office Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial PUD Amendment. June 25,2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 13.2008 Effective Date of Development Order (Same as date of publication of notice of approval.) July 14,2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 ofthe City of Aspen Municipal Code.) Issued this 14th day of July, 2008, by the City of Aspen Community Development Director. /7 n (f~Â»,0 Chris Bendon, Community Development Director AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Obfic nney< ~~ c--2- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, jcvzoiela Sc a-f ek.1 (name, please print) being or representing an Applicant to the Ctfy of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: V~"00 Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City o f Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. 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 fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. -94,7 Lzt ~~ Signatu26 The foregoing ~'Affidavit ofNotice" was acknowledged before me this Z / day of %4661 , 2002' by AY-76 6431 WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE Of DEVELOPMENT APPROVAL 1 WA# 01 Notice is hereby given to the general public of the My commission expires: i approval 60Â·1 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, Article 68 Colorado Revised Statutes, pertain- Â£>.Â«,f.,7.......1.8. ing to the following described property: 11/14, 6. A~9-6~Â»lÂ«-- -erÂ·TrtÂ·tâ€¢Â·rÂ·w.,..~ 107,108,109 Founders Place also known as Notary Public Obermeyer Place. by the order of the Community Development Director on June 25,2008 the appli- /5+ 0' 138,4 41:2*-z cant received approval of an Insubstantial PUD /75 \0 '#a"1% Of..0. Amendment to operate a Primary Care Physician's Phelan, at the City of Aspen Community Develop- -7/4Â·: r ...30 lei Office, For further information contact Jennifer /â‚¬43Â· coTA ro:.06-4 ment Dept, 130 S. Galena St, Aspen, Colorado (970) 429-2759. ATTACHMENTS: p f : 19 s/ City ot Aspen Published in The Aspen Times on July 20,2008 14 e '01 E (1882878) COPY OF THE PUBLICATION V.1 (60 t /1 WhficÂ·-CL' 1 N % C- i .i~,01.-5/ My Con-iritist:E 2%,Ic:, 6 .222009 NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Obermeyer Place, 107, 108, 109 Founders Place Parcel No.: 2737707305013,273707305014,273707305015 APPLICANT: Aspen Medical Care, P.C. REPRESENTATIVE: Scott Niblack SUBJECT & SITE OF AMENDMENT: Obermeyer Place, 107, 108, 109 Founders Place SUMMARY: The applicant has requested an Insubstantial PUD Amendment to Obermeyer Place to operate a Primary Care Physician' s Office. The office is three existing units being combined together comprising of approximately 2,086 square feet. Ordinance No. 4, Series 2008, amends the Service Commercial Industrial (SCI) zone district, allowing for Primary Care Physician Offices within the zone district with certain restrictions. The use is allowed on upper floors pursuant to Section 26.710.160B.4.a or within Obermeyer Place PUD, provided there is a maximum cap of 3,500 square feet within the PUD (Section 26.710.160 B.4.b.). Any permitted Primary Care Physician Offices within Obermeyer Place are required to be approved through an Insubstantial PUD Amendment. If the applicant intends to sell the units in the future, any alterations to the walls between the units will require a condominium plat amendment or the walls will be required to be returned to their original location shown on the plat prior to the purchase of the property. STAFF EVALUATIONS: Staff supports the proposed change to the Obermeyer PUD. The change allows a Primary Care Physician's Office as a permitted use in the SCI Zone District pursuant to Section 26.710.160 B.4.b, and is limited to a cap of 2,086 square feet as shown in Exhibit A. DECISION: The Community Development Director finds the Insubstantial PUD Amendment application to be consistent with the standards within Ordinance No. 4, Series 2008, and thereby APPROVES the amendment to utilize approximately 2,086 square feet as a Primary Care Physician's facility located in the SCI zone district within Obermeyer Place. APPROVED BY: (31., 70 7005 Chris Bendon Date Community Development Director RECEPTION#: 550528,06/26/2008 at 09:21:09 AM, 1 OF 3, R $16.00 Doc Code NOTICE Janice K. VOS Caudill. Pitkin County, CO ACCEPTED BY: \ f 1 I Z.sfo z Dewayne Niebur Date Attachments: Exhibit A: Floor Plan of approved Primary Care Physician Offices Exhibit B: Review Criteria Exhibit C: Application / .91 F. '10-4.11 1-' GROUP - 11 11 1 11 1 2.3 1!*d .3 1 1*11 1 1 \,4=41 2,8 11.-f-7111 h. 111 ' '-11 9 LL- E C~ / â‚¬1 20,1 =3 \ 1-Il / E / ..W 1 2-'.h 4 - nÂ« 6 2 1 \ 2 112.1 / - 3 8,3 ILL" 8,8 1 %1 1 - ... 1 ... CÂ£ P.1.â€¢IV I NU.1.....0u.ah-,0 VO k 0 '- 1 - T--1 - (10@9 7--- . CED -I,08Â£-2 \ 'O F 1- -\ ... au~.All \ , 0 41=- 10,19Â«--Ul--IH \ U ..1.00.He.......sc...r.-at-Pi> . \ 40 . 4-Z, : PRELIMINARY &0 9 10 .1 * 11' -A 0/&) ' NOT FOR \ p Â¢16~~R,4..'Ch'A,Urr,R'- \ CONSTRUCTION 0 â€¢-,04-caH,=r.1 - : MF 5 1 1.1 * C.1 * Pll m 9 1 11 I *14Â· n # DATE AWED 101 05 30,08 PREUM, r I 111 0* 1111 - ' --2 #-Â«-9 : // - - -\1 1 , // 42 <as-n / / ---~~"-Â£L_0 1 '~-I.'M-----Â·~e~e!~B?Ggr-Â·-Â· WI / T- ==4 - //La NET-LEASABLE AREA: - i 2086 9: FROM PLAT ---JL-- FLOOR FLAN 2,131 51: CALCULATED ----- 1-1. A-ih f LOOR PLAN Al.1 2 319) 1V)I03W NildSV I 60l-LOI 9NlOllfIB 1N3]S31) u 30Â¥ld Ul,131'lki380 OC]Va0100 NB/SV U -1. ict tifty 67463 .6 A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The Physician's office is a new permitted use as per Ordinance 4, Series 2008. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The additional use does not increase the overall coverage of structures on the land/parcel. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services -will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) o f the approved open space. There is no change to open space, the proposed use will go into an existing building. 5. A reduction by greater than one percent (1%) of the off-street parking and loading space. There is no change in the parking/loading space utilized by the use. 6. A reduction in required pavement widths or rights-of-way for streets and easements. There is no change in the ROW's widths, streets or easements. 7. An increase of greater than two percent (2%) in the approved gross leasable floor area of commercial buildings. N/A 8. An increase by greater than one percent (1%) in the approved residential density of the development. No change to the residential aspect of the PUD. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. RECEIVED f3 JUN O 6 2008 ATTACHMENT 2-LAND USE APPLICATION APPLICANT: CITY OF ASPEN Name: A sew Mcit. I cat Gu. Â£ C. COMMUNI I Y DEVELOPMEN I Location: 101 los, (01 Fboal 4-1 PleÂ£-e. A ioju j G 8/ 611 (Indica.e street address, lot & block number, legal description where approbriate) Parcel ID # (REQUIRED) 4 REPRESEN'IATIVE: Name: -LÂ» 11- Nt 640<AL Address: lot N 52Â£1610 51~, 1 09 Phone #: 9 10 -998 - 5385 PROJECT: Name: O 8 CA m C 9 42 poe Address: joll l0811O9 R.)416 s P WJ<Â£- & Aspe-r' / G 8/ C /1 Phone #: 1701920- olow 65 â€ž meket Caw P.C.) TYPE OF APPLICATION: (please check all that apply): Conditional Use El Conceptual PUD U Conceptual Historic Devt. Special Review ~ Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal E] Conceptual SPA El Minor Historic Devt. GMQS Allotment [3 Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision E Historic Designation ESA - 8040 Greenline, Stream Ed Subdivision Exemption (includes El Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split E Temporary Use E Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) f I Nit /44 LUIL DING , 6 144 L L S FAC-6 PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) IA' COA SCOUFATIAL ROA A M Er., A MUI- 70 ALLow Aft) L 06\ 31- --to U & 6 -04 1 9 A-Ii AS Ara CD-f~ CJ' 0 Uaye you attached the following? FEES DUE: $ 735 ELPre-Application Conference Summary [2' Attachment #1, Signed Fee Agreement {El-jtespunse-to-*tlaJ!111uil #3, Dilitullo;VA~aecwiminen,s-60â€¢ernl 63'Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. 000000 Submittal for Insubstantial PUD Amendment Applicant: Aspen Medical Care, P.C. RECEIVED JUN O 6 2008 1. Check is enclosed CITY OF ASPEN COMMUNITY DEVELOPMENT 2. As per requirement Purchase contract is enclosed. 3. As required Land Use Application is enclosed 4. Representative Letter is enclosed 5. As per requirement Title work is enclosed 6. As per requirement two maps are enclosed. 7. As per requirement one current site plan is enclosed and one proposed floor plan. Please note there are currently no walls separating the units. 8. As per requirement description and review responses is attached 9. Included. RE 32: 'ED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 111K.' i 6 7 r. R 1 CITY ' Â·- 0.-"- ' N Agreement for Payment of City of Aspen Development Application Fees .COMMUN ~u .ENT CITY OF ASPEN (hereinafter CITY) and A st,â€ž3 (FIckc,af L.aF~ ~,C, (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an applicatioll for CEN -bud ST-AiruTIAL poo A M 410 En)-7- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) 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. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the panies that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings an(For approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735 which is for 3,0 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. 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, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT A In By: Chris Bendon Community Development Director Date: 6 - 6-08 Billing Address and Telephone Number: Required 6 / 1 \At h 31- m A; A Sl- vo.0 L 0 8 16/1 970 -948- 8 7 5-1 C:\Documents and Settings\johannahr\Desktop\Fees\2008 Land Use Fees.doc or 18 08 03:04p 2 a L 703- -3549 P.2 ~ Apr i/. lul)0'' d LEÂ·Â·'M'" Aspen Mledica. 0-11-e,<i<erst, P.C. Ao. 710 P. 21 823 Blake Avenue, Suite 202 Glenwood Springs, CO 81601 Phone: (970) 945-2447, Fax: (970) 945-2440 .. The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission, (CBS 1 -8-07)(Mandatory 1-OR) 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CON5ULT LEGAL AND TAX OR OTHER 3 COUNSEL BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELLREAL ESTATE 6 (ALL TY FES OF PROPERTIES) with Closing Instructions 7 8 Date: Arr, 1 17 70(111 9 1. AGREEMENT. Buyer agrees to buy, and Seller agrees [o Sell, the Property defined below on the terms and conditions set forth 10 in this contract (Contract) 1 1 2. DERNEDTERMS. 12 2.1. Buyer. Buyer, Kim Schguer A4n4 Goratte 13 Dewayne Nlabur 14 will taketitle tothereal property doscribed below as O Joint Tenants OTenâ€¢â€¢ts tn Comaion E Othe, 15 Dr Ful In T.T.r *-â€ž ho r.â€ž4.AtAri 16 2.2. Property. The Properly is the following legally described real estate in the County of Pl â€¢pin 1 7 Colorado: 1 8 Condominiums Unity 107, 108 and 109, Creso.int Building, Obirmeyer Placâ€¢ Condominium, and thrue (3) parking spaces al Limited Common Elementâ€¢, according to thi Condominium Map Of the Obermeyer Place Cundominiumy, recorded in Plat Hook 80 at Page 57 and th, amendment therato recorded at Reception No. 528770 (the "Map"} and ae deaeribed in the Condominium Declaration, â€¢0 amended 19 known as No. 20 int Enâ€žnacar, Pl.ra, _Fin, 0-9 107. lf]R In,1 11}9. A-prâ€¢â€¢ rn Alf<11 2 1 Street Addresg City SCare Zip 22 together with the interests. cascments. rights, benefits. improvements and attached tixtures appurtenant thereto, all interest of 23 Seller in vacated streets and alleys adjacent thergto, excep{ as herein excluded. 24 2.3. Dates and Deadlines. 25 Item No. Referenre Event Date or Deadline ME.C Â£ 3 daya Â§ 4.2.1 Alternative Earnest Money Deadline 2 Â§ 5.1 Loan Apiestion Deadline _ April 25, 2008 Â§5.2 Loan Conditions Deadline May 30, 2008 4 Â§ 5.3 Buyer's Credit Information Deadline n/a 5 Â§53 Disapproval of Buyets Credit information Dead[[ne Illa 6 9 5.4 Existing Loan Documents Deadline nia 7 Â§5.4 Existing Loln Documents Objection Deadline n/a 8 Â§54 Loan Transfer Approval Deadline nla 9 Â§ 9.2 , Appraisal Deadline May 23, 2009 10 5.3.1 Title Deadline May 16, 2008 -1 - 11 Â§8.1 Title Objection Deadline May 30, 2008 i 2 9 7.3 Survey Deadline May 23, 2000 13 Â§ 8.3.2 Survey Objection Deadline May 30, 2008 CAS1-8-07, Conhcl lo Buy arid Sell Real [En*e (AD Types of 1'7Â£,partle,) wÂ® Cloeing Inslructlona, Colorado 1Â·1681 Ealata Commisalon RMIPASTe~wnm, Â©3008. 1/ersion 8.16 Software Regibler.4 to: Dan Kervt, Dan Kerst. P.C. Buyer(g)â€¢y~~~ 04/17/08 11:06-05 Fage yof /97, Apr 18 08 03:04p Za i 703- F-3549 P.3 p. p r , i. i V Jo- .44CM"' MipER Clcil 'vil- :I Â·'Â· 7 I r 'IV 1 JL - 14 6 7.2 Document Request Deadline MaY 16, 2008 1 S Â§ 7.4.4 CIC Documencs Deadline May 16, 2008 16 9 7.4.5 CIC Documents Objection Daadline May 30, 2008 17 Â§ 8.2 Off-Record Matters Deadline May 16, 2008 . 18 Â§-8.2 Off-Record Matters Objection Deadline May 30, 2008 19 Â§ 8.6 Right Of First Re filsal Deadline n/a 20 Seller's.floperly Disclo,ure Deadline May 16, 2000 21 Â§ 10.2 Inspection Objection Deadline May 30, 2008 22 Â§ 10.3 Inspection Resolution Deadline June 04, ZooS 23 Â§ 10.5 Propeity Iniumnce Objection Deadline _ Hay 30, 2000 24 Â§ 12 ClÂ«ng Date June OG. 2008 -- 25 i Â§_17 Possession Date DOD 26 1 17 Pow,ession Time DOD 27 Â§31 Accepe.nee Deadline Date April 18, 2008 28 4 31 Ac~eptance DeadlineTime 14 - An pm MIMIL Â·- n/a n/a n/a Dj* Ii.--- Ill ni a n/a n/a n/a - 26 27 2.4. Appliability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation 'N/A" 28 or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlia,5 (Â§ 23). means that the 29 corresponding provision of the Contract to which reference is made is deleted, The abbrevbtion "MEC" (mutual execution of 30 fills Contract) means the date upon which both parties have signed this contract. 31 3. INCLUSIONS AND EXCLUSIONS. 32 3.1. Inclusions, The Purchase Price includes the following items (Inclusio[19): 33 3.1.1. Fixturel If attached to tile Property on the date of this Contraci lighting, headng, plumbing, ventilating, and air 34 conditioning fixtures, TV antennas, inside relophone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, 35 intercom systems, built-in kitchen appliances, sprinkler sysmms and oontrols, built.in vacuum systms. (including 36 atcessories), garage door openers including 0/â€¢ remote controls ; and 0 37 n/a 38 3.1.2, Personal Property. The following are included if on the P,operty whether attached or not on the date of this 39 Contract: stonn windows, storm doors, window and porch shade, awzings, blinds, screens. window coverings, Cultain rods, 40 drapery rods, fireplace inserts fireplace screens, fireplace grares, heating #oves, storage sheds, Wd all keys- lf checked, 41 the following are included: ~ Wzter Softerters Â® Smoke/FireDerecto ,Â£] Security System, U Satellite Systems 42 (including sate[lito dishes). 43 3.1.3. Other incluslonI 44 none 45 The Pe,5onal Property to be conveyed at Closing :hall be conveyed, by Seller, free and clear of 311 taxes (except personal 46 property taxcs for the year of Closing), liens and encumbrances. eiccept 47 n/a 48 Conveyance shall be by billof salcor other applicable legal instrument 49 3.1.4. Trade Fixtures. With respect to trade fixtures, Selle, and Buyer agreea, follows: 50 n/a 5 1 The Trade Fixturts to be conveyed at Closing shall be vonveyed, by Seller, free and clear of al! taxes (except personal 52 property taxes for the year of Closing), liens and encumbrances, except 53 n/a 54 Conveyance shallbe by bill of sale or other applicable legal instrument. 55 3.1.5. Parkipg and Storage Facilities. O Usâ€¢Only Â® Ownership offhe following parking facililies: Uds 1.4-07, Contract lo Buy and Sell Real t:stele (411 Ty,86 of PkperÂ·Ull) with Closing Inatfudel. Cotorado Rell estale Connmission ReÂ«IFASTÂ®;Gftware, Â©2008, \*f,kin 6.16. Son.,Bre Rggictored to' Dan Kerai, Dan Keral, P.C. Page *f Suyerts)'~1%321 1162 04/1 7100 11.06Â·05 Salle,(s) 2Â£_.~ Â·'\YA Apr 18 08 03:05p Za i 703 P-3549 P.4 Apr. Il ZOVOW' 1:44rr'" HiPEn 01(a vcrt\L VU. 1,; Ill# I 7J 56 2,*r-bri r,qÂ· grarn. 29 71 Ind GA nn th,1 MAp- 57 and E] Use Only 0 Ownership oftbe followingstorage facilities: 58 7,/' - - _ - 59 3.1.6. Water Rights. The following legally desclibed water r ig)its: 60 n/a 6/ \jAM#hh>khkht,g\Ailibb~:U,%**Mby\fikIhju \I i; 1, I \1; 111 li,1 111 11\ \\Dhkhliâ„¢Â»bbyhthdrwitih&916'16Â¢ul 62 \Ph&â‚¬NhU,lt\TRUN\-Â¥hUArbU bati@jibfeh'eNNA'0*hh'E'AlbAJArbaAM&*)1Â¢thiphÂ®iMd\ihfdrhlu~ibhP& WuVhAM~-91*r 63 \'tb\AblnY*UN\31&6~\NHA46*64~\4)W+MiAThhrW~*llibtahh\48\ANWIA*hABP\8~b~06*Adh\SNekbwnWARf;de. 60 \\-Nte\WbllythtkYA&\AU\\\11\1\1%\\\1\\U.illi\\Ull\\\\\\\\\\\\\\\\\\\\Cliff\\\\Ii\U\\\\U 65 3-1.7. GrowingCrops. With respect to growing crops, Seller and Buyer agree as follows: 66 n/. 67 3.2. Exclusions. The following itenis are excluded: 68 n/a 69 4. PURCHASE PRICE AND TERMS. 70 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U. S. Dollats by Buyer as follows: 71 -- - I tem No. Reference twin Amount Amount 1 Â§41 Purchase Price $ 1,975,000.00 2 Â§ 4.2 Eame* Money $ 60,000.00 . 1,615,000.00 3 Â§ 4.5 New Loan 4 Â§4,6 Assumption Balance n/a 5 Â§47 Seller or Privam Financing n/a - 6 n/a n/a n/a n/a 7 n/a n/a n/a ' n/a Â§43 (Â»h at Closing -- 300,000.00 9 TOTAL $ 1,975,000.00 $ 1,975,000.00 72 73 4.2. Earnest Money. The Earnest Money set forth in this section in the form of or,Ad firn,1. - -, 74 is part payment of the Purchase Psice and shall be payable to and held by Y.nA Â·ri +1. r.,7 A.ran - 75 (Earnest Money Holder), in irs trust account, on behalf of both Senerand Buyer. The Earnest Money deposit shall be tendered 76 with this Contract unless thepalties mutually agwee to an Alternative Earnest Money Deadline (Â§ 2.3) for its payment. The 77 parties authorize delivery of the Earnest Money depogit to the company conducting the Closing (Closing Company). ifany, at 01 78 before Closing In the event Earnest Money Holder has agreed to have Interest on Earnest Money deposits transfeired to a furid 79 established for the purpoa ofproviding affbrdable housing to Colorado residents, Seller and Buyer acknowledge and Ag,de thal 80 any interest accruing on [he Earnest Money depouted with the Earnest Money Holder in this transaction shall be l,3nsferr(xi tc 81 such fund. 82 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the rime 01 83 renderof theContract is as set forth as the Alternptive Earnest Money Deadline (Â§ 2.3) 84 4.3. Cash at Closing. Al! amounts paid by Buyer at Closing, including Cash st Closing, plus Buyers closing costs. iall be ir 85 funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified cheek, savings anc 86 loan teller's check and ceshiees check (Good Funds). Buyerrepresents that Buyer 8 Does O Does Nut have funds that arc 87 immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in Â§ 4.1. 88 4,4. Seller Concession, Seller, at Closing ~hall pay or credit as directed by Buyer, a total amount of $ ALi-- - 89 to assist with BuÂ»'s closing costs, loan discount point,Â· loan ofigination fees, prepaid items (including any amounts that Se{!el 90 agrees to pay because 8uyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost charge, expense 01 91 expenditure telated to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). 1-he Sellet 91 Concessint, ix in addition zo any 5um Seller has aglecd topay orcted# Buyer elsewhere in this Contract Ifthe amount of Selle, 93 Concession e?cceeds theaggregate of whatis allowed, Seller shall nor pay or be charged such excess amount 94 4.5. New Loan, 95 4.5.1. Buyer,except ia provided in Â§ 4.4, if applicable, shall timely pay Buyer's louri costs, loan digcount points, prupaic 96 items and loan origination fees, as required by lender. 97 4.5.2. Buyer may select financing appropriate and acceptable to Buyer, including a different loan than initiality sought 9< exceptas restricted [n Â§ 4.5 3 or Â§25, Additional Provisions. CBSI.8-07, Conliact (0 bUy and bon Heal E!*tele (All Types 01 Properties) wilh CIo,Ing Inminic<zons. Coloredo Real Esiate Commiâ€¢Mion RealFAS TM~*lare. Â©2~08. Yorgion 6.16 60#Â»re Regiwe,Md 40: Den Kerst Dan Kerlt, P.C page 119\ u 04/17/08 11:06:05 Solter{4 -7 fluyar{s) jAZLLLY /1/l, 703- 4-3549 P.5 Apr 18 08 03:05p Za' 'i 1 1.-11:/1 9 i i / 1 . ill /'L Illu. 71# 1~U !' 74 99 4.5.3. Loan Limitationv. Buyer may purchase the Property using any of the following types of loan: Â® Conventiocal 1oo [3 FHA U VA O Bond 101 4.5.4. Good Faith Estimate- Monthly Payment aud Loan Costs. Buyer is advised to review the terms, conditions and 102 costs of Buyer'G New Loan carefully. [t Buyer is applying for a Iusidential loan, the lender generally must provide Buyer 103 with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan appliation. Buycr ahould 104 also obtain an cstimate of the amount of Buyer's monthly mortgage payment 1f the New Loan is unsatisfactory to Buyer, 105 then Buyer may telminate this Contract pursuant to Â§ CZ no later chan Loan Conditions Deadline (Â§ 2.3) 106 4,6. Assumption. [Omitted - Not Applicable] 107 4.1 Seller or Private Financing. [Omitted - Not Applicable] 108 5. FINANCING CONDITIONS AND OBLIGATIONS. 109 5.1. Loan Application. If Buyer is to pay 21! or part of the Purchase Price by obtaining one or more new loans (New Loan), or 110 if an exis[Ing loan is not to be released st Closing; Buyer, if required by such lender, shall make a vorifiable application by Loan Applicillon Deadline (Â§2.3). 112 5,2, Loan Conditions. If Buyer i3 to pay Rll or part ofthe Purchase Price with a Now Loan, this Cont,act is conditional upon I13 Buyer determining, in Buyer's subjective discretion, that the availability, terms, conditions, and cost of such New Loan are 114 satisfacIory to Buyer, This condition is fol the benefit of'Boyer If such New Loan is not satiyfactory to Buyer, Seller must 115 receive written notice [o terminate from Buyer, no lutct then Loan Conditious De,dline (Â§ 2.3), at which time Ihis Contrect I 16 shall terminate IF SELLER DOES NOT RECEIVE TIMELY WRITrEN NOTICE TO TERMINATE, THIS 117 CONDITION SHALL BE DEEMED WAIVED, AND BUYER'S EARNEST MONEY SHALL BE INONREFUNDABLE, I!8 EXCEFF AS OTHERWISE PROVIDED IN THIS CONTRACT. (e.g.,Appraisal, Title; Survey) 1 19 5.3. Credit Information and Buyer's New Senior Loan. [Omitted - Not Applicable] 120 5.4, Existing Lo2ri Review. [Omitted - Not Applicable] 121 6. APFRAISALPROVISIONS. ]22 6.1. Property Approval. Iftlic lender imposes any requirements or repairs (Requirements) to be made lo the ProperÂ». g., roof 123 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract 124 (notwiths tanding Â§ 10 ofthis Contmct) by written notice to B l,yeron or befors three calendar days following Seller's receipt of 125 tbe Requirements. Re right to berminate irl this Â§ 6.1 shell notapply ifon or before five catendar days priorto Closing Date 126 (Â§ 2 3): 0) the parties enter into a wlitten agreement; or (2) the Requirements are completed by Seller; or (31 the gatiiaction of 127 the Requirements is waived hi writing by Buyer. 12g 6.2. Appraisal Condition. 129 0 6.2.1. Nut Applicable. 1~his Â§ 6.2 shall not apply. 1 30 Â® 6.2.2. Conventional/Other. Buyer shall have the sole option md election to terminate llis Contract ifthe Purchase Price 13] exceeds the Property's valuation determined by an appraiser engaged by B"lfir nr R..rar' 8 ici,/,â€¢ 132 The Contract shall terminate by Buyer delivering to Seller written notice ofiermination and either u copy o fsuch appraisal or 133 written norke from lender that confirms the Property's valuatioil rs less than the Purchase Price, regeived on or before 134 Appraisal Deadline (Â§ 2.3). If Selle, does not receive such written noticeof te.nination on or before AppraissIDeadline 135 (Â§ 2.31 Buyer walves any right to terminate under this subse,tion. 136 0 6.2.3. FHA. It is expressly agreed that notwithstanding any other provisions of this Contract the Purchaser {Buyer) shall I 37 not be obligatid to complete the purchase of the Properly daseribed herein or to inour ally penalty by forfeitum of Earnest 13& Money deposits or otherwise unless the Purchaser(Buyer) has been given in accordance with HUD/FHA or VA requirements 139 a wriven statement islued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement 140 lender, sening forth the appraised value of the Propeity of nol less than $ r./. . The Purchaser (Buyer) shall 141 have the privilege and option of proceeding with consummation of the Convact without regard to the amouni of the appraiscd 142 valuation. The appralsed valuation is Arrived at to determine the maximum mortgage the Departmont of Housing and Urban 143 Development will insure. HUD does riot warrant the value nor the condition of the Property. The Purchaser (Buyer) should 144 satisfy himsÂ¢lf,herself thatthe price and condition of the Property are acceptable 145 O 6.2.4. VA. Vt i, expressly agreed that, notwithstanding any other provisions of this Contact, the purchaser (Buyer) shall 146 riot incur any penalty by forfeiture of Earnest Money or olherwise or be obligated to complete the purchase of the Propercy 147 described herein, if the Contract Purchase Price or cost exceeds Me reasonable value of the Property established by the 148 Depattmentof Veterans Affailv. The purchuer (Buyer) shall, however, have thcprivilege and option ofprocceding with Ilie 149 consummation of this Contact without regard to the amount of the reasonable palue established by the Department of 150 Veterans Affairs. 151 6.3. Cost of Appraisal Cost o F any appraisal to be obtained after the date of this Contriict shall bc timely pajd by 152 80 Buyer Il Seller. 153 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS, 154 7.1. Evidence ofTitle. On or before Title Deadline (Â§ 2.31 Seller shall cause to be furniihed to Buyer, at Sellds expense, a 155 current commitment Br owner's title insurance po|ig Critle Commi#nent) in an amount equal b the Purchase Price, or if this 156 box b checked. U An Abstract of title certified to a cor,Ent date. At Sellets expense, Seller shall cause the title insurance J 57 policy to be issued end deliveted to Buyer es soon as practicable at or after Closing. rf a title iesurance commitment is furnished, 1 58 it Â® Shall [3 ShaZINot commit to delete or insure over the standard exceptions which relate to 1 59 (11 parties in possession, 1 60 (2) unrecorded easements, CBS1-5-07, Conlract to Buy and Sell Real Es:Ate 011 Types of Froperties) wlih Cfuaing limlucliona, Colorado Real Ee{*14 Commiss,on RuIFAST01) 9.-wâ€¢ er,008, V,rsion 0.10 Sonware Regislered to: Dan Ker*t, Dan Kgral. P C Paga 4*1 Ouygrts) 04/17/08 11:OG:05 _ ---- St*IN 11.-+/ /'lli Apr 18 08 03:06p Za i 703 -3549 P.6 Apr, 1/. 2(JUGV I:/torM'"' Aspen ..J'...' 9 Â·/1. 'C. /1111/ , 1 ./ 2!/L'l li' plk' 408 terminated 0 the option of Buyer by delivering to Seller wrieen notice of termination on or before Closing. Slloutd Buyer elect to 409 carry out thts Contract dsspite such damage, Buyer shall be entitled to a credit at Closing R>r all insurance proceeds that were 410 received by Seller (but not the Association, Ef any) resulting from such damage to the Propelty and Inclusions, plus theamount of 4]1 any deduclible provided for in such insurance policy. Such gedit not to exceed the Purchase Price. lo the event Seller has not 412 received such insurance proceeds prior to Closing, then Seller shall 21&101 su,h proceeds at Closing, plus ciedit Buyer the amount 413 of any deductibleprovided for in such msurance policy, but not to exceed the total Purchase Price. 414 19.2, Damage, Inclusiont and Services. Should any inclusion or fervice (including systems and components of the Property. 415 e.g. heating, plumbing, etc.) fail or be damaged between die date of this Contract and Closing or pos,asion, whichever shall 416 be earlier, then Sellershall be liable for Ihe repair or replacernent of such Inclusion or service with a una o f similar Dize, age and 417 quality. or an equivalent credit, butonly to the extent that the maintenance or replacement of such Inclusion, service or fixture is 418 not the responsibility of the Aeociation, if any, less any insurnnce proceeds received by Buyer covering such repair or 419 replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased Rnd may 420 cover the repair or replacement of some Inclusions. The risk of 1039 fo, damage to growing crops by fire of other casualty shall 421 be borne by the patty entitled to the growingi crops as provided in Â§31.7 end such party shall be entitled to such insurange 422 proceeds or benefits for the growing crops, 423 19.3. Well(-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 424 Property prior to Closing to verify that the physical condition of the Propetty and Inelusions complies with this Contract- 425 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this dooutnent, Buyer and Seller acknowledge; thai 426 the respective broker has advised that this document hu Imporant leimI consequences and has recommended the examination of title 427 and consultation withlegal and tax orother counselbeforesigning this Contract- 428 21. T]MEOF ESSENCE, DEFAULT AND REMEDIES. Time Is of the essence hereof. ]fany note or check received as Earnes[ 429 Money hereunder or any other payment due hereunder is not paid, honored u, tendeted when duc, or ifarly obligation hereunder is not 430 pecformed or waived as herein provided, there shall be the following remedies: 431 21.1. ff Buyer is in Default: 432 0 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 433 (whether or not paid by Buyer) shall be brfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such 434 damages as may be proper; or Seller may erect to treat this Contract as being in full force arld eliect end Seller shall have the 435 right to specific performance or damiiges, or both, 436 (31 21.1.2. Liquidated Damâ€¢gel All Earnest Moncy (whether or not paid by Buyer) shall bÂ¢ forfeitd by Buyer, paid to 437 Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed thatthe 438 Eames[Money specified in Â§ 4 is UQUIDATED DAMAGES, and not a penalty, whichamountthe parties agree is Air and 439 reasonable and (except as provided in Â§Â§ 10.4, 19,21.3,22,23), said forfeiture shall be SELLERS SOLE AND ONLY 440 REMEDY for Buyer's failure to perform the obligitions of this Contract. Seller expressly waives the remedies of specific 441 perfotmance and additional damages. 442 2 1.2. H Selleris i, Default: Buyer may elect to treat this Contract as canceled, in which case 41 Earnest Money received 443 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may ekct to treat this Contract u 444 being in full force and effect and Buyor shall have the right to specific performance or damages, or both. 445 21.3. Costs ind Expeme3. Intheevent ofanyarbitration orlitigation relating to this Contract, diearbitrator or court shall award 446 to the prevailing party all reasonable cosm and expenses, including attorney and legal lies. 447 22. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not regolved, Me pal-ties shall fir5t 448 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who 449 helps to resolve the dispute informally and confidentially. Mediators cannot impoee binding decisions, The parties to the dispute mud 450 agree befbre any setclement is binding, The parties will jointly appoint an acceptable mediator and will share equally in the cost of such 451 mediation. The mediation, unless otherwise agreed, shall terminate in the event the entim dispute is not resolved within 30 calendar 452 days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This 453 section shall not alter any date in this Contract, unless otherwise sgreed. 454 23. EARINEST MONEY DISPUTE. Except 83 otherwise provided herein, Earnest Money Holder shall telease the Earnest M one 455 as dilecbsd by written mutual instructions, signed by both Buyer and Seller In the event of any controversy regarding the Earnest 456 Money (notwithstanding any tennination ofthis Contract), Earnest Money Holder sh311 not be required to take any don- Earnesl 457 Money Holder, atit, option andsolÂ¢ diacretion, may (1) await any proceeding, (2) interplead 811 parties and deposit Earnest Money ink 458 acourt ofcompetent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buye, 459 Bnd Seller that unloss Earnest Money Holder receives & copy of the Summons and Complaint or Claim (belween Buyer and Seller) 460 contnining the casenumber ofthelawsuit (Lawsuit) within 120 calendardays of Earnest Money Holder's notice to the parties. Earnest 461 Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a Gopy 0 462 the Lawsuit, and has not intelpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earliest Mone 5 463 pursuant to the Order of the Court The parties reaffirm the obliption of Mediation (Â§ 22). 464 24. TERMINATION. In the event tms Contract Is te,minated, all Earnest Money received hereunder shall be returned and the 465 parties shall be relieved ofall obligations hereunder, subject to Â§Â§ 10.4. 22 and 23 466 25. ADDITIONAL PROVISIONS. Crhe following additional pmvisions have not been approved by the Colorado Real Estah 467 Commission.) 468 a. Thig Contract ig contingent upon the Aspon Cjty Council approving an amendment to th, City Code defining Service/Commercial/Induetrial ("SCI"l to allow Buyer' 5 medieal offices to occupy the CBS 1-8-07, Contract 10 Buy and Sell Real Emtiale (AN Typen of Properties) Rh Clog;ng Insiâ„¢clions. Colorefle Real Eslate Commli'Oci Rea'FASTÂ® HAR-- mon- un-Un 6.16. Sollware Reolligrud to. Don Kersâ€¢, Din Kerst. P.C. Page# 9 BuyerM J / 04/17108 11 06:05 -/ 1\/'1 Apr 18 08 03:07p Za 1 703 1-3549 P.7 Ap! i/ Zvuo- 1. 40 r NI' Kipell ical lare,- 10. I I / It V f. liu Property and to operate a medical practice on such /pace in compliance with said provisiong. Buyer, in Buyer' o nola diâ€¢crotion, shall have until the In,pection Objection Deadline ae defingd herein to determine it the SCI code, as amended, allows the BuyGr to operate eaid wedical pragtice/office on the Property. If buyer determinea that the SCI code, a, amended, doe, not allow Buyer te operate its medicÂ«1 practice/office on the Fropwrty without violating the Aspen city Code, aa amended, Buyer :hall notify Sellur of said unsatisfactory condition on or before the Inspection Objection Deadline. b, If written notige of any unglti,factorÂ¥ condition le givan to Buyer in accordance with Gection 10 or ag provided herein, this Contraot uhall terminate, Buyer' e Earnest Money Depoeit shall be refuncled to Buyor in it,i entirety, and the partieg nhall be relieved of any further obligations under thic Contract. c. From NEC, Buyâ€¢r atid/or Buyer' 9 agente ohall Xe allowed access to the Property during all reasonable times to gunduct any phymical or econum-ic fea,ibility insreations or atudies deemed necessary by Buyer. Selling Broker or a repro,entative of Broker' s company ehall be presont for any and all accean. 469 26. ATTACHMENTS. The following are a part oâ‚¬ thia ConwactÂ· 470 ./. 11 - - - -- - 471 Note: The following dizelosure forms are attached but arB not a part ofthis Contract; 411 rda- - 473 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 474 exercising the righb and obligations sci forth in the provisions uf Financing Conditions and Obligations (Â§ 5) and Properly 475 Disclosure,Inspection, Indemnity, Insurability, Buyer Disclovure and Sourreof Water (Â§ 10) 476 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement constinlres the entireÂ·Contract between the parties 477 relating to the subject hereof, and any prior agreements pertaining thereto. whether oral or written, have been merged and integrated 478 into this Contract, No subsequent modification of any of the terms of this Contract shall ba valid, binding opon the parties. or 479 enforceâ€¢ble units, nlade in writing and signed by the panics Any obligation in this Contract that, by its terms, is intended to be 480 perfolmed after temmina[ion or Closing shall jurvive the same 481 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Selleh curient actual knowledge, the 462 Property O IS Â® IS NOT in foreclosure. In the ovent this transa ction is subject to the provisions of tile Colorado Forectosure 483 Protection Act (the Act)(i.e.,generally the Actrequires that the Property is residential, in foreclosure. and Buyer does not reside in it 484 for at least I year), s different contract that complies wilh the proveions of the Act is required, and thB Contract shall be Void and of 485 no effect unless the Foreclosure Property A ddendum is executed by all partles concurrent with the signing of this Contract. lhe parties 486 are furtheradvlged roconsultwi[htheir ownatiorney 487 30. NOTICE. DELIVERY AND CHOICE OF LAW. 488 30.1. Physical Delivery. Except for the notice requesting mediation described in Â§ 22, delivered after Closing, and except 25 489 provided in Â§ 30.2, all notices musr be in w,iting, Any notice to Buyor,hall be effective when physically received by Buyer. any 490 individ021 buyer. any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice to Seller shall be 49] effective when physically received by Seller, any individusl sellei, any representative of Seller, or Brokerage Firm of Broker 492 working with Seller. 493 301 Electronic Delivery. As an alternative to physical delivery, ally signed document end written notice may be delivered in 494 electronic form by the fbllowing indicated methods only: Â® Facsimile Â® E-mail ~ No Electronic Delivery. DocumÂ¢nls with 495 original signatures shall be provided upon reque* of any party. 496 30.3 Choice or Law. This Contrad and all disputes arising hereunder shall be governed by and construed in accordance with 497 the laws of the State of Colorado that would bc applicable to Colorado residents who sign a contract W this stalt for property located 498 in Colondo. 499 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This propfpsal shall expire unless accepted in wrilin8, by Buyer and Seller, 500 as evidenced by their signatures below, and the offering party rece ive, notice of such acceptance pursuant to Â§ 30 on or before 50 [ Acceptance Deadline Date (Â§ 2.3) and Acceptance Dezdline Time (Â§ 2.3). If accepted, this document shall become a contract 502 between Seller and Buyer, Acopy ofthis document may be execut=d by each party, sepalâ„¢ly, and when each party hu executed 3 503 copy thereo f, such copies taken together shall bedeeined to be a Ibll and complete contract between the parties. 504 505 CBSI-8.07. Contract to Bul and Sell Real Estata {All Types of Propedles) wIth Closing Instruollons. Colorado Real Estate Commlision - _ ReatFASTÂ® S;*afe,Â©gpDO, Velsion 6.16 Softwern Registered to, Dan Kerst, Dan Kgmt, P.C. --- Page lt~0 h Buyer(s) 04/17(00 11-06-05 Seller(S) Aa, Apr 18 08 03:07p Za i 703 t-3549 P.8 Apr.1/. 2008J' 1:40"M m ASDen I . leal lart~L Tâ€¢tra Keal ty 5 Manageolont 101 North Spring Street Suitg 109 Aspwn, CO 81611 Phone: 866-317-3210, Fax: <970) 948-8385 By- - Signature Scott Niblack Date 329 15(nall Addltss: Rent En_70 Â·11 1Â¥nhAnn rrim - I - 530 - - - 531 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 532 (To be completed by Broker working with Seller) 333 534 Broker O Doe E Does Not acknowledge wceipt of Earnest Money deposit specified in Â§ 4 and, while not a party to the Contract, 535 agrees to cooperate upon request withanymediation concluded under Â§22. 536 537 Broker 8 working with Seller as a O Seller's Agent Â® Trans,ction-Broker in this transaction. O This h a Change of Status. 538 539 Brokerage Firm's compengation or commission is to be paid by Â® Seller U Buyer 13 Othor â€¢â€¢-af__th. Pi,~rh,-. pr~ rA 540 54 I Date: ./2 - 542 Brokerage Firm's Narne' TQ.â€ž NAS.1 +1' Â£ MA.â€¢gamArlt - -- 543 Broker's Name; toriet Nihlirk - 544 545 Broker'$ Signatuze 546 Address: 1.-D.1._-NQ~Ch_-Apring -RT-Â·rant 9.11 te, 1 ng 547 Anpan. rn )1 1 r.1 1 54~; Phone No : AKA.-77 7-121A _ _ _ -- 549 Fax No.: .110-QAR-A';tRI, 550 Email Address: Ientr-/ 70 0.' INrahr./ r'APâ€¢ --- - - 551 - 552 553 The following Closing Instructions art not part of the Contract to Buy and Sell Real Estate, 554 555 |~ii~rinted portions of this form, except diffetentiated additions, have been approved by the Colorado Real Estete(Dom~. 556 [19,8-8*7) (Mandatory 1-Â·08) 557 - 558 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND 559 TAX OR OTHER COUNSEL BEFORE SIGN:NG. 560 561 CLOSING INSTRUCTIONS 562 563 Date; n/A 564 565 1. PARTIES, rNOPERTY. Ali Mouhari 566 , Seller, and Kim Scheuer Anne Goyette Dewayn- Niabu. 567 , Buyer, engage n./â€¢ . -- -, Closing Company, who agrees to provide closing and settlernent 568 services inconnectionwith the Closing ofthetransaction forthesale and purchage of the Property known as No. 569 ./M 08$1 -8-07, Contmel k Buy end St,11 Real Estah, (All Typel; of P{opertleÂ© Wlth Closing Instruclions Golofgdo ReÂ·al E<tale Commigsion R.@'FAJTÂ®3#ware, 02-0~8. Vermon G.16 Sof*are Revisternd kaÂ· Dan Karet, Dsl Ke,st P.C 0417(06 11:30:01 paga 12 J A Buyer{.] .P-<94* --- Sde{W LUC - n / L , J .1 Apr 18 08 03:08p Za i 703 ,-3549 P.9 ApÂ·. 1 1. 20UE" 1:4bFM'" A.pon leal larE 1, L NO. 7 1/ itv r. IZ I BUYER -DATE 9 Â»7__ Kim Scheuer BUYER - (144 DATE ~.. 41 r*9'3 _ Anne, Goyette BUYER - DATE -311-9,8 - #w/J _i~re- f ..):L!,V- Dityrd- 506 Email Address: n/a - 507 308 (NOTE: Ifthis offeris box-7%,ped Â°73109, do notsign this document Refer to Â§ 321 509 i ...00 1 SELLER --5-7 U--0/ - DATE 414lot Al>/ 240*,1 510 Email Address: 1/32 . - 511 5 12 32, COUNTER; REJECTION This offer is U Countered O Rejected. 513 Initials only of party (Buyeror Seller) who rountered or rejected offer 514 515 END OF CONTRACT TO BUY AND SELL REAL ESTATE 516 - 517 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DYSCLOSURE. 5 1 8 (To be completed by Broker working with Buyer) 519 520 Broker O DoesÂ® Does Not acknowledge reccipt of Earnest Money deposit specified in Â§ 4 and, while not a party to the Contract; 52 I agrees to cooperate upon request with any mediation concluded under Â§ 22. 522 523 Broker is working with Buyer as a E] Buyer's Agent O Seller's Agent Â® Transaction-Broker in this transaction. 524 C This is a Change ofSâ€¢tus. 525 526 Brokerage Firin's compensation or commission is to be paid by O Listing Brokerage Firm O Buyer 527 NOther 5,21 lar, di* i,f P,irrhineâ€¢ Pr ~ re 528 Brokerage Firm's Name: 9561 -8-07, Cont,124 10 Buy end 6e[1 Real Estate ell Types of F,operVes) wfth Cloging [ostructionh. Colorricio Real Estate Commli,lon Rea|FASTÂ® Software. 02008. Version 6.18. Software Regiate,ed to: Dan Kers#. Dan Kers!, P. C. Page 11 0 04/17/08 11:30.01 Apr 18 08 03:08p Za i 703 .-3549 P. 11 Apf. f L LOVO'' 1.4,-'VIâ€¢,9 M.Vell '.. ;L1I #1 1 C - 570 Street AddrÂ¢ss City State Zip 571 and morefully desclibed in tha Contiact to Buy and Sell Real Estate, dated n/A , including any 572 counterpropossts and amendments (Contract). 573 574 2. INFORMATION, PREPARATION. Clwing Company is authorized to obtain any Information necessary for the Closing. 575 Closing Company agrees to prepi, doliver, and record those documents (excluding legal documents) that are necessary to carry out 576 the *rms and conditions of the Contract. 577 578 3. CLOSING FEE. Closing Company will receive a fec not to exceed $ 1./. . for providbg these closing and 579 sculemant scrvice, 580 581 4. RELEASE, DISBURSEMENT. Closing Cen,pany is not aulhorized toreleaseany signed documents 01 thing of value prior to 582 receipt 2nd disbursement of Good Funds,except as provided in Â§ 8 and 9. 583 584 5. DISBURSER. Closing Company shall dish,irse 8]1 funds, including real esrete commissions, except diose fundg as may be 585 separately disclwed in wrltlng to Buyer and Seller by Closing Company or Buyer's lender on or before Closing All parties agree that 586 nooneother than thedisburser can assuretbatpayoff of loans and other disborsements will actually bc made. 587 588 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated. 589 0 Cashier' s Check, at Seller's expense O Funds Electronically Tran8ferred (wire transfer) lo an account specified by Seller. at 590 Seller's expense El Closing Company's trust account check. 591 592 7. CLOSING STATEMENT. Clo,ing Company will prepare and deliver an accuratn, complete and detailed closing statement to 593 Buyer and Seller at time of Closing. 594 595 8. FAILURE OF CLOSING. If Closing or disbursemenc does not occur on or before Closing Date sci forth in the Contract, 596 Closing Company, except as provided herÂ©in, is authorized and agrees to return all documents, monies, and [hings of value to the 597 depositing party, upon which Closing Company will be r,lieved from any further duty, iesponsibility or liabilky in connection with 598 these Closing Instructions. In addition, any promissory nute, deed of trust orothorevidellce ofindebtedness Yigned by Buyershall be 599 voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 600 601 9. EARNEST MONEY DISPUTE. Closing Company shall comply with theprovisions of Â§ 23 ofthe Contract incorporated herein 602 by reference. ' 603 604 10. SUBSEQUENT AMENDMENTS. Any amendments to, o, termination of, these Closing Instructions must be in writing and 605 signed by Buyer, Seller and Closing Company. 606 607 11. WITHHOLDING. The Internal Revenue Service and the Colorado Depaitment of Revenue may require Closing Company to 608 witbhold a slbstantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado 609 resident after Closing. Seller should inquire of Seller'b tax advlsor to determine ibitholding applies or if an exemption exists 610 611 12. AÂ»D[TIONAL PROVISIONS. (The bllowing additional provisions have not been approved by the Colorado Real Estate 612 Commission.) 613 614 13. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such 615 copies raken together shall be deemed to be a full and complete contract between the parties. 616 617 14. BROKER'S COPIES. Closing Comparly shall provide, to each broker in this transaction, copies of all signed documents thal 618 such brokers are requiled to maintain pursuant to the rules of the Colorado Real Estate Commission, 619 620 15. NOTICE, DELIVERY, AND CHOICE OF LAW. 621 IS.1. Physical Delivery. Except as provided in Â§ 1 5.2, all notices must be In writing. Any notice to Buyer shall be elective 622 when physically received by Buyer, any individual buyu, any repiesentntive of Boyet, or Brokerage Firm of Broker Working Witt 623 Buyer. Any notice to Seller shall be effective when physically received by Seller, any individual seller, any repre5entdive 01 624 Seller, or Brukerage Firm of Btoker Working with Seller. Any notice to Closing Company shall be efjbotive when physicall) 625 teceived by Closing Company, any individual of Closing Company, or any representative of Closing Company, 626 15.2. Electrogic Delivery, As an alternative to physical delivery, any signed documents and written notice may be delivered itt 627 electrorlic foim by the following indicated methods oiily: O Facsimile C[Email O No Electronlt Delivery. Documents wilk 628 original signaturey 511911 be provided upon request of ally party, 629 , 15.3. Choice or Law. This contract and all disputes arising hereunder shall be govcmed by and construed inaccordance wllh thâ‚¬ 630 laws of the State of Colorado (het would be applicable to Colorado tesidents who sign a contrnct in this state for property locale< 631 in Colorado. CBS14-07, Coflk.ello Buy and Sell Real Estale (Al[ types of Properlies) With Cloving 111311uotions. Cololade Roat Eotee Coinmig,ion RealkAErÂ® SoÂ¢6.sre. Â©21 ion 6 16. Software Registered to: Oon Kect Dan Keat P,C, everfs) ;t~~32:: 0U17/08 11.0605 Page 13/PI dll/, Apr 18 08 03:09p Zal 703- -3549 p.11 Apr, i l. 210(JOV' 1,0/r'197"' Aspen 1~it 01(1.1 Lir 2'\ L HU, ./Ir tru I 1 47 632 BUYER PATE 4 AN <42.--- Kim. Sahquer DATE BUYER i... Anne Goyetto a.- BUYER DATE -*Ifer Dewayne 11Â£4ur Email Address: '11 - ///9 9 /7 i' - --- 4-- 1 tr let ' DATE SELLER 4/\ - -- 1 1. 3/'-p Ali Mo~*5~~~/~ Email Address: + 633 634 Date~ 84-=1 635 Closing CompanÂ»Name: :1/3 636 637 --- G38 Authorized Sigriature Title 639 Address: 640 ./. 641 Phone No- 11/A - - 642 Fax No.: n h - 643 Email Address: nia -- 644 615 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) 646 647 n./- - (Broker) O Working with Seller 648 0 Working with Buyer â‚¬I~gageS Closing Company as B,oker's scrivener to complete, for a kenot to exceed $ n /, 649 at the sole mpense of Broker, Ihe following legal documents: 650 [3 Deed Â¤ Bill of Sale O Colorado Reâ€¢l Estate Commission approved Promissory Note O Colorado Real Estate Commission 651 approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the 652 terms and conditions of the Con[:act 653 654 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for 655 tbe accuracy Of 'he above documents. 656 657 Date: ./A - -- 658 Brokerage Firis Name: n h -- 659 Broker's Name: n h _ 660 661 662 Broker'g Signature 663 664 Date: n J ) ' - - 665 Closing Company's Name: n/â€¢ CBS1-8-07, Contract W Buy and Sell Hall Estate (All TYpes of Propertieg) wIth Closing In:lructio,15. Colorado Real blete (DommiL5ion RealFASTÂ® Software, Â©2008, Venion 8.16 Se,nware neglmred to Dan Kofsl, Dan Karat Ke P.go 14 01 04/17/08 11:06.05 Apr 18 08 03:09p Z al 703- -3549 p.12 n k I. 1 t. L VUU" I - 1' 13 " m.p . 1.~ GIL .1 I : 1 J E' L :Pll. 71/ Itli 2, tvJ 666 667 66& Authorized Signature Title PREPARED BY: Dan Keâ„¢t, Atwrnq CBS1-5 07, Contact to Buy and Sell Real Ellale (All Types of Properties) with Ck,Ging Insuucttonâ€¢. Colorecto Real Estale Commission \. Realf'Ail~~re. Â©2008, Wersion 6,16. Software Reghtered toÂ· Dan Kont. Dan Kent P.C. 04/17/08 11,08-05 p..16 W Bure'(81 -PJ Ak- Se'lerts) .,U. El Apr 18 08 03:09p Zal i 703- -3549 p.13 hp'. i',0 LVVO- 1 HUEW '\,Pell h Ital Ull:'L ./. / , , i, v . v . 1 61 0) survey matterl 162 (4) any unrecorded mechanic's 1 lens, 163 (5) gap period (effective date of commitment [a date deed is recorded),and |64 (6) unpaid taxes, assessments and unredecmed {11 sale, prior to the year of Closing. 165 Any additional promiumexpense to obtainthisadditional coverage shall be paid by OBâ€¢yar M Seller. 166 Note: The title insurance compagy may not agrce to delete or insure over any or allofthestandard exceptions. Buyer shall have ]67 che right to NvieW the Tit]6 Commitment pursuant to Â§ 8.1. 168 7.2. Copies of Exceptions. On or before Title Deadline (Â§ 2.3). Seller, at Seller's expense, shall furnish to Buyer and 169 16,1,1 ravt '.7 , nan TreÂ·ri, Pr_ _ . - . ,(1)copl~sofare 170 plats, declarations, covenants, conditions and restriedons burdening the Property, and (2) if a Title Commitment ts requirvd to be 171 furnished, and ifihis box is checked Â® Copies ofeny Other Documants (or, if illegible, summaties of such documents) lided 172 in the schedule of exceptions (Exceptions). Even if tire box is not chacked, Seller shall have rhe obligation to furnish these 173 documents pursuant to this section [frequested by Buyer any time on or before Document Request Deadline (Â§ 2.3). This 174 requirement shall pertain only to documents as shown of mcord in The officey of the clerk and recorder in the county where the 175 Prope,ty 6 located. The abstract or Title Commitment together with any copies or summaries of such documents furnished 176 pursuant to this section, constitute the title documents (Title Documents) 177 7.3. Survey. On or belt)re Survey Deadline (Â§ 2-3) Â®Seller O Buyer shall order and cause Buyer (and the issuer of tile I71 Title Commitment orthcprovider ofthe opinion oftitle ifinabstract) toreceive â€¢current O Improvement Survey Plat 179 Â® Improvement Location Certificate O 0/,2 180 (the description checked is known as Survey).An amount notto exceed $ 1000 for Survey shall be paid by 181 OBuyer 0 Sonar. Ifthecost exceeds this amount, O Buyer Â® Seller shall pay the excess on or befbre Closing. Buyer I82 shall not be obligated to pay the excess unless Buyer is informed of the cost and deliverg to Seller, befoto Survey is ordered, 183 Buyer's written ageement to pay the required amount to be paM by Buyer. ]R4 7.4. Common interestâ‚¬ommunity Documents. The term CIC Documents cons,95 of all owners' associations (Association) 185 declarations, bylawa, operating agreement, rules and regulations, party wall agreements, minutes of most recant annual owners' 186 meeting and minutes of any directors' or Managels' meetings during the 6-month period immediately preceding the date of this 187 Contract, if any (Governing Documents), most recent financial documents gonsisting of (1) annual balance oheel @) annual lEg income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents> 189 0 7.4.1. Noâ€¢ Applicable. Ihis Â§ 7.4 shall not apply. 190 7.4,2, Common Interest Community Disclosure. THE PILOPERTY TS LOCATED WITHIN A COMMON INTEREST 191 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE ( 92 PROPERTY WILL BB REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY 193 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE l 94 DECLARATION, BYLAWS, AND RULES AND REGULANONS WILL IMPOSE FINANCIAL OBUOATIONS UPON 195 THEOWNEROFTHEPROPERTY, INCLUDING ANOBLIGATIONTO PAYASSESSMENTSOFTHE ASSOGATION. 196 IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE ALIEN ON THE 197 PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND 198 REGULA nONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE 199 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (Ok A COMMITTEE OF THE 200 ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE 201 COMMON INTERESTCOMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGAT]ONS OFMEMBERS OF 202 THE ASSOCIAnON. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY 203 AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 204 0 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyor has received acopy of rhe CIC Documents. Buyer has 205 reviewed them, agrees to accept the benefits, obligations and restrictions thal they impose upon the Property und its owners 206 and waives any right in tenninate this Contract due to such documents, notwithstanding the provisions of Â§ 8,5, 207 7.4.4. CIC Documents to Buyer. 208 Â® 7.4.4.1. Seller to Provide Cle Decuments, Seller shall cause the CIC Documents to be provided to Buyer, at 209 Seller', expense,-on or before CIC Documents Deadline (Â§23). 210 3 7.4.4.2, Seller Authorizes Association. Seller authorizes the Associacion 10 provide the CIC Documents to Buyer, 21 l at Sellerh expense. 212 7.4.4,3. Seller's Obtlgation. Sellerk obligation to provide the CIC Documents shall bo fulfilled upon Buyer's receipc 213 Of the CIC Documents, regardless of who provides such documents, 214 7.4.5. Conditional on Buyer': Review. If the box in either Â§ 7.4,4.1 or Â§ 7.4.4.2 is checked, the provisions ofthis Â§ 7.4,5 215 shall apply. Written notice of my unsatisfactoty provision m any of the. CIC Documents, in Buyers mibjective discretion, 216 signed by Buyer, or on behalf of Buyer, and del ivered to Seller on or before CIC Documents Objection Deadline (Â§ 2.3), 2]7 :IQI] terminate thiE Contract. 2 I 8 Should Buyer receive tha C[C Documents after CIC Documents Deadline (Â§ 2.3), Buyer shall have the right, at 219 Buyer's option, to torminace dtis Contract by wriacn nodce delivered to Seller en or before ten calendar days after Buyer's 220 receipt of Ike CIC Documents- If Buyer does not receive the CIC Documenis, or if such writkn notice to {erminate would 221 otherwise be required to be delivered after Closing Date (Â§2.3), BuyerswrittennoticetoterminateshallbereceivedbySoller 222 on or befom three calendar days prior to Closing Date (Â§ 2,3). If Seller does not receive written notice from Buyer wichin C851-8-07. Contract to Suy and Sell Real Estate (AlilÂ», of Prepertine) wllh Clo4189 11,Slruct,on,6 Colorado Real Entate Commisgion ReaIRA57,8. cuu.... -9, 01006. Ve(sion 8.15. Software Reeterid {u: Dan Kerst, Dan Keml. F C 04*(5) 04/17/05 11 05Â·05 Se'leflg) 2- Page 5 41 '19.C . Apr 18 08 03:1Op Za i 703- -3549 p.14 Apr. 1/. 2096- I.45rM Aspen n mill L:fu-- .... / 4 , 1 V 286 which a building permit was issued prior to January 1, 1978, this Contract shall be void unte55 a completed Lead-Based Paint 287 Disclosure (Sales) form is signed by Seller and the required real eatate licenseel, which must occur prior to the parties signing this 288 Contract. Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure (Seles) form signed by Seller and the real 289 esiate licensees 290 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABIL]TY, BUYER DISCLOSURE AND SOURCE 29] OF WATER. 292 10.1. Seller's Property Disc[05ure Deadline. On or before Seller's Property Disclosure Deadline (Â§ 2.3), Seller agrees to 293 deliver to Buyer the most vurrent version of the Colorado Real Estate Commissionk Seller's Propetty Disclo5UTe form completed 294 by Seller to the best of Seller'f actual knowledge, current 45 of the date of this Contract. 295 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property 296 and Inclusions, at Buyer's expense. If the physical condition of the fropetty or inclusions 13 unEatistactory in Buyer's subjective 297 discretion, Buyer shall, on orbefore Inspectioa Objection Deadline (9 2.31 298 10.2.1. notify Seller in writing that this contract is te,minated. or 299 10.2.2, deliver to Seller with a written description ofany unsalisfactoly physical condition which Buyer requireg Seller to 300 correct (Notice fo Correct). 301 If written notice is not received by Seller on or before inspection Objection Deadline (Â§ 2.3), the physical 302 Property and Inclusions shall be deemed to ba satisfactory to Buyer. 303 10.3. Inspectio, Resolution Deadline. I f a Notice ro Correct is received by Seller and if Buyer and Seller have not agreed in 304 wriong to a settlement thereof on or before inspection Reolution Deadline (Â§ 2 3), this Contract shall terminate onc calendar 305 day following Inspection Resolution Deadline (Â§ 2.3),unlessbetbresuch termination Seller receives Buyer': written withdrawal 306 0 f the Notice (o Correct. 307 10.4. Damage. Lierls and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 308 inspections, test3, surveys, engineering reports or for any other work perfomled at Buyds request (Work) and shall pay for any 309 damage which occurs to the Property and und hclusions as a result of such Wdrk Buyer shall not perrnit claims or liens of arly 310 kind agaimt #le Property for Work performed on the Property at Buyer's request. Beyer agrees to indemnify, protect and hold 311 Seller harmle~ from and against any liability, damage, cost or expense Dicuned by Seller and caused by any such Wort~ claim, or 312 lien. This indemnity includes Seller's right to recover all costs Rnd expenses incurred by Sellar to defend against any such liability, 313 damage, cost or expense, or to enforce this seotion, including Seller's reasonable attorney and legal fees. The provisions of thi, 314 section shall survive the termination of this Contract. 315 10-5. Insurâ€¢blitty. This Contract is condlcioned upon Buyer's saliBfaction, in Buyer's subjeclive discretion, with theawilability, 316 terms and conditions of and premium for propecty insurance. This Conuact shall terminato upon Seller'3 receipt, on or before 317 Property Insunnce Objection Deadline (Â§ 2.3), of Buyer's wriuen notice that sucb insurince waa not satisfactory to Buyer. 318 If said notice is not timely received, Buyer shall have waived any Hght to terminate under this provision. ]19 10.6. Buyer Disdosure. Buyer represents that Buyer O Does Â® Daa Not need to sell and close a property to complete 320 this transaction. Note Any property sale contingency should appear in Additional Provisions (Â§ 25). 321 10.7. Source of rotablc Water (Residential Land and Residcotial Improvement5 Only). Buyer O Does F Docs Not 322 acknowledge receipt of a copy of Seller's Pâ€¢overty Disclosure or Source of Water Addendum disclosing the souice 01 323 potable water for the Property. Buyer C] Does Â® Docs Not acknowledge recelpt ofa copy of the current well pemit. Â® There 324 1, No Well, 325 Note to Buyer. SOME WATER PROVIDERS RELY, TO VARYING DECREES, ON NONRENEWABLE GROUND 326 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) 327 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 328 11. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties acknowledge 8131 329 Seller is required to disclose whether Seller knows that the Property, if residential, was previously used as a methamphetamine 330 laboratory. No disclosure is required if the Property was remediated In accordance with state shindards and other requirementj are 331 fulfilled pursuant b Â§ 15-18,5-102, C. R.S. Buyer further acknowlÂ¢dgts that Buyer has the right to engage a certihod hygicnist or 332 industrial hygienist to test whether the Property has ever been used as a me,hamphetaminc laboratory. If Buyer's test results indicate 333 char the Property has been used as a methamphetamine labontory, but has nor been remediated to meet the standards ostablished by 334 fules ofthe State Board of Hedth promulgated pursuant to Â§ 25-18,5-1 01, C. R.S., Buyeishall promptly give written notice to Selle: 335 of the results of the test, and Buyer mny terminate this ConMact. 336 12. CLOSING. Deliveg of deed from Seller to Buyer shall be at clodng (Closing), Closing shall be on the date spwified as th< 337 Closing Date (Â§ 2.3) or by mutual agmement alan earlier date. -rhe hour and place of Closing shall be as designated by 338 muknal-agreegant ne hr,rh p -rtieR 339 13. TRANSFEROF TITLE. Subject to tender or payment at Closing as mquired herein and compliance by Buyer with the othet 340 terms and provisions hereof, Seller ghall execute and dellvera ggod and sumcient trâ€¢,a,.1 --r,MT.py -- 341 deed to Buyer, at Closing, conveying the property free and clear of all Inxes except Lhe general taxes for [he year of Closing. Except 342 as provided herein, title shall be conveyed free and cloar of all liens. including any governmentâ€¢l hens for special improvement: 343 iristalled as ofthe date of Buyer's signature hereon, whorher assessed or not. Titte shall be conveyed 5Ubject to; 344 13.1. those specific Excepdons described by reference to recorded documents 35 reflected in the Title Documents accepted b: 345 Buyer in accordance with (Title Review (Â§ 8.1), 346 13.2. dialribution u[ility easemelits (including cable TV), 347 13.3. those specificalb' described rights of Ihird palties not shown by the public records of which Buyer has actual knowledg, 348 and which were accepted by Buyer in accordance with Matters Not ShoWII by the Public Records (Â§ 8.2) and Survey RevleÂ¥, CBS 1 -8-07, Cot,Vacl lo Buy at(d 5811 Real Eatate (All Types et Propirtles) wilh Clasing In&tructiong. Colorado Real Estate Commis,lon Rea;FASTE - vere, @foo'~1~:rolon 6.16. Soltwace Aegistgr,4 10: Dan Ke,51, Dan Kent. P.C. Page 7,Fy , auyercs) 'E*32:L url njl . 64/17#08 11.06.05 Sellet} 117 Apr 18 08 03:llp Za i 703- -3549 p. Apr. 1/. 2990- I:/DrM' Aspe,1 *to!(6: unit .L 349 (Â§ 8.31 350 13.4, inclusion vfthe Property within any special taxing district, 351 13.5. other h/3 -M - - . - -- , 352 14. PAYMENT OF ENCUMBRANCES Any encumbrance required to be patd shall be paid at or before Closing from the 353 proceeds of Olls transaction or from any other sou,ce. 354 15 CLOSING COSTS, DOCUMENTS AND SERVICES. 355 151. Good Funds. Buyer and Seller ghall pay, in Good Funds, their respective Closing costs and 81] other items required to be 356 paid a[ Closjng, except as othorwi,e provided herein. 357 15.2. ClosIME Information and Documents. Buyerand Seller willfurnish any additionalinformation and documents requited by 358 Closing Company that will be necessary to complete (his hansaction. Buyer and Seller shall sign and complete all custonlary or 359 reasonably required documents at or before Closing. 360 15.3. Closing Services Fee. The fee for real esfate Closing services shall be paid at Closing by O Buyer OSeller N One-hall 361 by Beyer alld One-half by Seller O Other n.ta- 362 15.4 Closing histructions. The Colorado Real Estate Commission's Closing Instructions O Are Â® Are Not executedwith this 363 Contract. Upon execution. ~ Seller O Buyer shall deliver such Closiug Instructiona to the Closing Company 364 15.5. Status Letter and Transfer Fees. Any fees incident to the isguance of Association's statement of asseSjments (S tatu5 365 Leâ€¢er) shall be paid by O Buyer Â® Seller O One-half by Buyer and Oue-halfby Seller. Any fees inciddnt 10 #te cransfer 366 from Seller m Buyer assessed by the Associatiou (Association's Ttansfer Fee) shall be paid by O Buyer Â® Seller O One-half 367 by Buyer and One-half by Seller. 368 15.6. Local TransferTax. 2 Tho local tiansfer tax of 1 0 % of the Purchase Price shall bÂ© paid at Closing by WJ Buyer 369 O Seller O On,half by Buyer and One-half by Seller. 370 1 5.7. Sales and use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 371 O Buyer 0 Seller O One.half by Buyer aud One-h,lf by Seller. 372 16. PRORATIONS. The following shall be prorated to Owing Date (Â§ 2.3),except gs otherwise provided: 373 16.1. Taxes. Personal property taxeg, if any, and general real estate taxes for the year of Closing, based on C] Taxes for the 374 Calendar Year Immediately Preceding Closif,g Â® Most Recent Mill Levy and Most Recent Asmessment O Other 375 376 \Ul) *MA \RAA:AbANNARA&1146~*AblthÂ¢14\*6&4*.MAO*,blad,16 %44*N4\34*&18 bbla bytbhkhkhal~*\Arah,)0 377 \81>8rj YANAAJAN 61*kA AN'!daWMBMen,halldÂ»AMWINshot)th)68!atel;4\ C\ \\\\ \\\ f \\\\\ \\\\\\\\\\\\ \ \\\ \\ 378 16.3. Association Asse;sments. Current regular Association assessments and Association dues (Association Assessmenls) paid 379 in advance shall be credited to Seller at Closing, Cash resents held out of the regular Association Assvisments fur deferred 380 maintenance by the Association shall not be credited to Seller except as may be 0[horwise provided by the Governing Documentl 381 Aliy special assessment by the Association for improvements that have been installed w of the date of Buyers signatuie hereon 382 shall be the obligatioK ofSeller. Any other Special ajessment assessed prior to Closing Date (Â§ 2.3) by the Association shall be 383 [he obligation of O Buyer G| Seller. Seller represents thatthe Association Assesiments areculrently payable at $ J of n 384 per Enan th - and that there Bro no unpaid regubr or special assessments against the Propairy except the current 385 regular Usessments and 386 Wa=- 387 Such assessmen[3 are subject to change as piovided in the Governing Documents. Seller agrees to pmmptly requegt the JS8 Association to deliver to Buyer before Closing Date (Â§ 2.3) a current Status Letger 389 16.4. Other Prorations. Water and sewer charges, #nterest on @ny continuing loan, and 390 n/a 391 ]6.5. Final SeÂ«lement Unless otherwise agreed in writing, these protatiousshall be final, 392 17. POSSESSION. Possession of the Properly shallbe delivered to Buyer on Possegion Date at Possession Time (Â§23), subjed 393 to the following leases or tenanciax 394 none 395 1 f Seller, aner Closing, falls to deliver possession as specified, Seller' shall be subject to eviction and shall be additionally liable 396 to Buyer for payment of $ 501} per day (or any hart of a day) from the Posses5ion Dace and Possession Time (Â§ 2.3. 397 Until possess,on is delivered 398 Buyer O Does e Dge, Not represent thut Boyer wi[t occupy the Properly as Buyer's principal residence, 399 18. ASSIGNABILITY ANDINUREMENT. This Contract E Shail O ShaliNot be assignable by Buyer widiout Sellers prior 400 writen Consent. Eccopc as so restricted, this Contract shall inuic to the benefit of and be binding upon [he heirs, personal 401 iepresentatives, sudeessors and assigns of the parties. 402 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. Except af 403 Otherwise provided in tins Contract, the Property, Inclusion5 or both shall be delivered in the condit,on existillg as of Ihe date of this 404 Contract, ordinaly wear and tear excepted. 405 19.1. C:sualty insurance. In the event the Property or Inclu:,lons are damaged by fire or other casualty prior to Closing in ar 406 amount of not more than ten percent of-the total Purchase Price. Sal Jer shall be obligated to repair the same before Closing Datc 407 0 2.3). In the event such damage is not repaired within said time or ir the damages exceed such som, this Contract may be (851Â·8Â·07, Cont~acl 10 Buy â€¢rn, oun Keal blata (All T,pes or Pmpertâ€¢es} with Closing Instruchons. Colorado Real Estate Commia,lqn Re#FA,TÂ® 3.Bwie, C: 1, Wars,% G.16. Software Reolttered lo Dan Kerst Den Ke(51. P.C. elL- Poge #Ot Suyer{,1 A253321 /9,-* 04/17/08 11:06:05 Sgiteri~~C 9= Apr 18 08 03:12p Za i 703 .-3549 p. 16 Apr. N. 21)60' !:4)flyl'"' Aspep Iv,cu~(:&1 9&re .L ./. '/, 223 such time Buy(r accepts the provisions of the Cle Documents, and Buyofs right to te,minatc this Contict pursuant lo this 224 section is waived, notwithstanding the provisions of Â§ 8.5. 225 NOTE: If nobox Inthis Â§7.4 ischecked, the provisions of Â§ 7.4.4.1 shall apply, 226 8. TITLE AND SURVEY REVIEW. 227 8.1. Title Review. Buyer shall have Ihe right b inspect the Title Document;. Written notice by Buyer of unmerÂ¢hantability of 228 title, folm or content of Title Commiblient or of any other unsatisfactory title condition ihopcn by the Title Documents, 229 notwithsranding Â§ 137 shall be signed by or Dil behalf of Buyer and delivered to Selleron orbefore Title Objection Deadline 230 (Â§ 2.3), or within five calcridar days after receipt by Buyer of any change lo Ihe Title Documents or endorsement to the Title 231 Commitment togerher with a copy of the document adding any new Exception to title If Seller does not meelve Buyer's notice 232 by the date specified above, Buyer accepts the cond,rlon of title ati disclosed by the Title Documents as sacisfactory. 233 8.2, Matters not Shown by the Public Records. Sellershall delipurto Buyer, on or before Off-Record Matter,Dead line 234 (Â§ 2.3) true copias of all leases and surveys in Seller's possession pegaining to the Property ind shall diwlose to Buyer all 235 easements, tEens (including, without limitation, governmenal improvements approved, but not yer installed) or other title mattem 236 (including, without limitation, rights of first refusal, and options) not shown by the public records of which Seller has actual 237 knowledge. Boyer shall have the right to inspect the P,operty to investigate if uny third party has any right in the Propelly riot 238 shown by the public records (such a, an unrecorded easement, unrecorded lease, Or boundely line discrepancy or water tights) 239 Written norke of any unsalisfacloty condition discloaed by Seller or mvealed by such i[13pedion, notwithstandlng Â§ 13, shall be 240 pigned by or on behalf of Buyer and given to Seljer on or before Off-Record Matters Objzction Deadline {Â§ 2.3) !fSeller does 241 not receive Buyer's notice by said deadline, Buyer accepts title subject to such rights, if arly, of third parties of which Buyer has 242 actual knowledge. 243 3.3. Survey Review. 244 0 all Not Applicable. 111is Â§ 8.3 shall not apply. 245 Â® 8.3.2. Condidionâ€¢l on Survey. Ifthe boxin rhis Â§ 8.3.2 ia checked, Buyer shall have the right to inspect Survey. I fwritten 246 notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey. notwithstanding Â§ 82 or Â§ 13, is aceived 247 by Seller on or before Survey Objection Deadline (Â§ 2 3) then such objection shall be deemed an unsatisfactory title 24% condition. If Seller does not receive Buyer'snotice by Sarvey Objectior, De2dline (Â§ 2.3), Buyer accepts the Sulvey as 249 sa[Isfactory, 250 8.4. Special Taxing Distrlcts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGAT]ON 251 INDEBTEDNESS THAT ES PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 252 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS UN SUCH DISTRICTS MAY BE PLACED AT 253 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF 254 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILrrÂ¥ OF SUCH A DISTRICT TO 255 DISCHARCE SUCH INDEBTEDNESS WITHOUT SUCII AN INCREASE IN MILL LEVIE& BUYER SHOULD 256 [INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION 257 INDEBTEDNESS OF SUCH DISTRICrs, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 258 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE [IN SUCH MILL LEVIES. 259 tri the avent the Propetty is located within a special taxing disttict and Buyer desires b terminate this Contrac{ ar a result, if 260 written natice, by or on behalf of Buyer, is teceived by Selfer on or before Off-Record Matters Objection De,dline(Â§ 2.3), this 261 contract shall term inate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's 262 inC|u3ion In mush special taxIng district and waives the right to teiminate for that reason. 263 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to those matters listd in Â§ 13. ff Seller 264 receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in 265 9Â§ 8.1, R.2, 8.3 arid 8.4, Sellershall use rÂ©asonable effore to correct mid items and bear any nominal expense to correct the same 266 prior to Cloging. 1fsuch unsatisfactory utle condition is riot cor, ecled to Buyer's 5atisfagtion on or before Closing, this Contract 267 shall terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such 268 items- 269 8.6. Right of First Refusal or Contrâ€¢Â« Approval. If them is , right of first refilsal on the Pmperly. or â€¢ righrm approve this 270 Contract. Seller shall plumptly submit this Contract according to the terms and conditions of such right. ] f the holder of the 271 right of frst mfusal exercises such right or the holder of a right lo approve disapproÂ¥M this Contract, this Contract shall 272 terminate. W the right of first refusal ig waived explicitly or expires, or the Contract is approved, this Contract shall remain in 273 full force and effect. Seller shall promptly notify Buyer oftbe foregoing, If expiration or waiver of the right 01 first refusal 0, 274 Contract approval has not occurred on or bofore Right of FIrst Refusal Deadrine (Â§ 2 3), thls Contract shall terminate. 275 8.7. Title Advisory. The Ticle Documents affect the title, ownership and use of the Property and should be reviewed carefully. 276 Additionally, other malters not mllected in tile Title Documents may affect the title, owneuhip and use of the Proper64 including 277 Without 1~mitatton boundary lines and encroachments, area, zoning, unwcorded easements and claims of easements, leases and 278 other unrecorded agreements, and va, iou5 laws und govemmental regulations concerning land ase, development anc 279 environmental matters. 1-he surfsce estam ulay be owned separately from the underlying mineral estate, and transfer 01 280 the serface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 281 interests in Oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them 282 rights ro enterand usc tbe Property. Such matters may be excluded from or not covered by Ihe title inDurdnce policy, Btlyel 283 IS adviNed to timely consult legal counsel with respect to al] such matters as there afe strict ame limits provided in this Contract 284 (e.g., Title Objection Deadline [Â§ 2.31 and Off-Record Matters Objection Deadline [Â§ 2,3Di 2%5 9. I.F. An-RARNÂ·n PATNT. Unless exempt jf che improvements on Ihe Properly include one or more residential dwellings h Uo~' 1-0.Vt. Contragi to Buy and Sell Heal â‚¬8{210 <Al; Types of Pcopervall wilh Clogng Inslructions. Culon,do Real Eztele Commission RealFASTÂ® S,Dware, 9200!1~~~.r.~n 6.18. 801Â»,am Registered to: Oan kerul. Dan Aer&1. P.C, 04/17/08 11Â·01:05 Page GMT ,-4 8vverfs} ~-r/12Â£ St'.14 #77 /9 t CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Enin Evans, 429-2745 DATE: 6.05.2008 PROJECT: Obermeyer Place Subdivision and Planned Unit Development REPRESENTATIVE: Anne Goyette and Briget Bielinski Tel: 927.3141 DESCRIPTION The Applicant would like to purchase and use Units 107, 108, 109 of Obemieyer Place to operate a Primary Care Physicians' Office. The units consist of approximately 2,100 square feet. Under the new Ordinance No. 4, Series 2008 that amends the Service Commercial Industrial (SCI) zone district, Primary Physician Care Offices are perrnitted to operate in Obermeyer Place to a maximum of 3,500 square feet upon execution of an Insubstantial PUD amendment. The proposal requires an Insubstantial PUD Amendment. In the future, if the applicant intends to sell the units any alterations to the walls between the units will require a condominium plat amendment or the walls will be required to be returned to the state shown on the plat prior to the sale of a unit. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100.A Planned Unit Development, Insubstantial Amendment http://www.aspenpitkin.com/depts/38/citvcode.cfm Review by: - Staff for complete application - Referral agencies for technical considerations - Community Development Director for final determination on Amendment - Note, a public hearing is not required for this proposal unless the Community Development Director determines the request does not meet the Insubstantial PUD review standards. Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235/hour) Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. The contract of Purchase and Sale will be adequate proof of right to apply. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 6. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 7. A site plan of the subject units and the proposed fioor plan if it is available. This site plan should include calculations of net leasable area of each unit that will be used for office space. 8. 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. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 9. Additional application material as required for each specific review. (See application packet and land use code) 10. 2-Copies of the complete application packet and maps. 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. Errin Evans Current Planner Community Development City of Aspen 130 S Galena Street Aspen, Colorado 81611 Phone: 970-429-2745 Fax: 970-920-5439 THE CITY OF AspEN ASPEN COMMUNITY DEVELOPMENT 2008 LAND USE APPLICATION FEES CATEGORY HOIJRS DEPOSIT FLAT FEE Major 12 2,940.00 Minor 6 1,470.00 Staff Approvals 3 735.00 Flat Fee 590.00 Planning Department Hourly Rate 235.00 Board of Adjustment 265.00 Appeals of adverse board and administration 3 735.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 245.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC <1000 sq. ft. 6 1,410.00 Significant HPC >1000 sq. ft. 12 2,820.00 Demolition, Partial Demolition, Relocation 2,820.00 Insubstantial Amendment to an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 45.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 735.00 Referral Fees - Environmental Health Major 410.00 Referral Fees - Housing Major 410.00 Minor 212.00 Referral Fees - City Engineer Major 410.00 Minor 212.00 C:\Documents and Settings\johannahr\Desktop\Fees\2008 Land Use Fees.doc 0 Referral Fees - Parks Major 410.00 Minor 212.00 C:\Documents and Settings\johannahr\Desktop\Fees\2008 Land Use Fees.doc 0 Jun. 6. 2008 11:42AMA Aspe "edical Care: - NO, 04181 ?. 5/5 o u Il, U. LVV~ 11, i / 0,0 #4 Aspen Medical Care, P.C. 611 West Main Street Aspen, Co. 81611 Phone: 970-920-0104 This letter is co state the names of the representatives that are authorized to act on our behalf. Members of Aspen Medical Care, P.C. include Dr. Kim Scheuer, Dr. Anne Goyette and Dr. Dewayne Niebur whae address and phone numbers are listed above. There are two additional persons who may represent us and act on our behalf. 1. Legal counsel is Kelly Cave, Esq., Dan Kerst, P.C., 823 Blake Avenue, Suite 202, Glenwood Springs, CO 81601, (970) 945-2447. 2. Under the terms of the Contract to Purchase Real Property dated April 17, 2008 and as amended on June 6, 2008, the Applicant is the Buyer of the Property referenced in the Application. Seller's real estate agent is Scott Niblack, Terra Realty & Management, Inc., 101 N. Spring Street, 109 Aspen CO 81611, (970) 948-83835. Seller's agent b authorized to act on behalf of the Applicant to satisfy the conditions of the Insubstantial PUD Amendment. 492.-- ~ 6 1 09- Kim Scheuer Date 1.-(7- 419>f(7 Anneooyette I)ate <ECKIRJ:e Â£10-- r.&452:Xâ€¢,0.7 &,f 41.6-r) 6/6" Dewayne Niebur Date 19- Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTE[ C.OMPANY Date: 05-30-2008 Our Order Number: Q62001518 Property Address: 101 FOUNDERS PLACE, UNITS 107, 108 & 109 ASPEN, CO 81611 KIM SCHEUER 83 SAGEBRUSH LANE ASPEN, CO 81611 Sent Via US Postal Service 06.06.08 DELIVERY.O (8/2003) Land Title Guarantee Company Date: 05-30-2008 Land Title Our Order Number: Q62001518 bUAR.1,111 [ COMPANY Property Address: 101 FOUNDERS PLACE, UNITS 107, 108 & 109 ASPEN, CO 81611 Buyer/Borrower: KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR Seller/Owner: ALI MOSHARI Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Kate Staskauskas Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) $1,830.00 ALTA Loan Policy 06-17-06 $140.00 Deletion of Standard Exception (s) (Owner) $50.00 Tax Report 3X25 $75.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $2,095.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62001518 Schedule A Cust. Ref.: Property Address: 101 FOUNDERS PLACE, UNITS 107, 108 & 109 ASPEN, CO 81611 1. Effective Date: April 18, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,975,000.00 Proposed Insured: KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR "ALTA" Loan Policy 06-17-06 $1,615,000.00 Proposed Insured: TBD, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ALI MOSHARI 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Our Order No: Q62001518 LEGAL DESCRIPTION CONDOMINIUM UNITS 107, 108 AND 109, CRESCENT BUILDING, OBERMEYER PLACE CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE OBERMEYER PLACE CONDOMINIUMS RECORDED JULY 26,2006 IN PLAT BOOK 80 AT PAGE 77 UNDER RECEPTION NO. 526898 AND FIRST SUPPLEMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528770 AND SECOND SUPPLEMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545903, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE OBERMEYER PLACE CONDOMINIUMS, RECORDED JULY 26,2006 UNDER RECEPTION NO. 526895 AND FIRST AMENDMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528769 AND SECOND AMENDMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545904. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62001518 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. RELEASE OF DEED OF TRUST DATED DECEMBER 07,2007 FROM ALI MOSHARI TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF OBERMEYER PLACE SALES GROUP, LLC AND OBERMEYER PLACE RENTAL GROUP, LLC TO SECURE THE SUM OF $1,000,000.00 RECORDED JANUARY 11, 2008, UNDER RECEPTION NO. 545806. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. WARRANTY DEED FROM ALI MOSHARI TO KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR CONVEYING SUBJECT PROPERTY. 4. DEED OF TRUST FROM KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TBD TO SECURE THE SUM OF $1,615,000.00. ITEM NOS. 1-4 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM OWNERS TITLE POLICY, WHEN ISSUED. ITEM NO. 5 WILL BE DELETED IF LAND TITLE CLOSES AND RECORDS THE DOCUMENTS. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001518 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 iii area, encroachments, and any facts which a correct survey or 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 theretofore 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #18 (SERIES 2003) APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE OBERMEYER PLACE COWOP PROJECT RECORDED MAY 14, 2003 AT RECEPTION NO. 482691 AND AS AMENDED IN MEMORANDUM RECORDED MARCH 18, 2004 UNDER RECEPTION NO. 495612 AND AMENDMENT RECORDED MARCH 12, 2004 UNDER RECEPTION NO. 495383. 11. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS CONTAINED IN THE PLAT FOR OBERMEYER SUBDIVISION / PLANNED UNIT DEVELOPMENT RECORDED JUNE 7,2004 IN PLAT BOOK 69 AT PAGE 44 UNDER RECEPTION NO. 498396. 12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS / PLANNED UNIT DEVELOPMENT AGREEMENT RECORDED JUNE 7,2004 AT RECEPTION NO. 498397. 13. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF MINOR PUD AMENDMENT RECORDED MAY 25,2004 AT RECEPTION NO. 498034. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001518 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: 14. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #24-2004 GRANTING A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY RECORDED JUNE 03,2004 AT RECEPTION NO. 498285 AND RE-RECORDED DECEMBER 16, 2004 UNDER RECEPTION NO. 505186. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT GRANTED TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RECORDED JULY 15, 2004 AT RECEPTION NO. 499687. 16. CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED THAT CONDOMINIUM DECLARATION FOR OBERMEYER PLACE CONDOMINIUMS RECORDED JULY 26,2006, UNDER RECEPTION NO. 526895 AND AMENDMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528769 AND SECOND AMENDMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545904. 17. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THAT CONDOMINIUM EXEMPTION MAP OF OBERMEYER CONDOMINIUMS RECORDED JULY 26,2006 IN PLAT BOOK 80 AT PAGE 57 UNDER RECEPTION NO. 526898 AND FIRST SUPPLEMENTAL MAP RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528770 AND SECOND SUPPLEMENTAL MAP RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545903. 18. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT ORDER RECORDED AUGUST 15, 2007 AT RECEPTION NO. 541030. 19. EXISTING LEASES AND TENANCIES, IF ANY. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer' s authorized agent. C) The 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: 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, 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. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: 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 lownhouse 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 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 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. 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. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure *** Y (k * ALTA Commitment - 2006 Rev. 2 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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 Schedule 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 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 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 acquires 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 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 riot 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 the 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 www.alta.org STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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, and any facts which a correct survey or 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 theretofore 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. IN WITNESS WHEREOF, Old Republic National 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 to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 311,241+A (612)371-1111 f#Pk--- b $*--4 1.i) 4 22* 'h *10 / Authorized Signature --0 Vi . RE 504 4 ;: CC.ORT.06 'f'.4... ~ Get Googl 5 on your phone 1 -,O l,Q le 4 4 6 /'D Texttheword"GMAPS"to466453 Maps O Tr 2 Z. & g 1 444 â‚¬> C! +tip St. P... >1 -J C * 0 / 42 Â»4 - tÂ»-b c. I. *V 61 . 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FF ,\' 4*'- " ti#. / \ U.1* i fl~ P== ' 11 11 -1 1 , i. 1 j . 4>..0 :rl 4/ I U 140 i i /4 i .ill Â£81' i.1 i 11 r..r *. 1/ c '1 *".% / .' 4 ;m *ep PLAN VIEW B a CRESCENT BUILDE . im 11 1 // k / \I i FIRST FLOOR (PIAZA IEW iii 1 HORIZONTAL SCALE: 1' = 10' ....2. t kee~a.te ., coU~d IAW'Wit MUST mamm Imy LEGAL ZE:1 80-t'9&693ZWWInlmÂ¥124 u AL#WN,#A t-* MAN lEN ..chil~ 1, 6= 8 0 EU LU I0 Z U-1 a- IN 7 11 1 4 9 0 6 I ...6 n #12 1 1 1 (2 .1 . 112 111 1 271= N I ... 4/ E 0/&, = 3 11 11 / fri 11 - - N %10.4./N 1 7/9 X -=i L 7 - F.Â· Im I'LOO~ ..=...0 PUL ~ ca- I# \ 0 #42 Â¥ 11 1 - \ \ T~===:ck. 1 |Ir-L] 11<~Ly Ma*---73 77 -- Di PRELIMINARY ALL 900.1.-0.-, SciL..t .1- -p \ 1 E /[ 4 1 *1 NOT FOR 9.vilt- 1'~ /4 C:*~6 =/le'lm \ \ CONSTRUCTION 0 -%-=r,Tpcaul* \ # DATE |ASUED FOI RM' '2 Y // DS 3 0,0 1 |PIEUM. ll[ING -- -- C.v < /6+ 4 // 1. -/ 1 // ---JL- .- 494 / 1 -0- 1 NET-LEASABLE AREA:- - - - / 1 - Â®86 0 FROM PLAT ----JL------- FLOOR PLAN 2,131 91 CALCULATED .-â€¢ Alh FLOOR PLAN Al.1 00Â¥80100 NadSV 33Vld I313~300 L I Nl ling 1N3)$3H) #8 Written Description and Response to Review Standards Aspen Medical Care, P.C. proposes the use of the existing SCI space located at 107, 108, 109 Founders Place as the location as a primary care office. The build out of the current raw and unfinished space shall include the addition of office walls and useable bathrooms which plans shall be reviewed by both the Aspen building permit department and the Obermeyer HOA for structural accuracy. The use for Primary Medical offices is currently allowed in the Obermeyer PUD up to 3500 sq ft. There are currently no medical offices in any space of the PUD. This parcel has a gross foot print of 2,100 square feet which is under the 3,500 use allowable under current zoning. Applicant is a primary health care provider which has been practicing in Aspen for the past 11 years. Amendment of PUD development Order: 1. Current usage allowed Medical offices up to 3,500 sqft iii the Obermeyer PUD subdivision. Current character of the PUD is first and second floor business. There is no change. 2. This is an application to occupy and existing structure of 2,100 sq ft. There is no increase in overall coverage of structures on the land. 3. This location is located in current SCI business zone district which are Defined by primarily non-retail business areas with limited customer reception. There is no substantial increase to usage. 4. This is an application to occupy an existing structure of 2,100 sq ft. There is no reduction to open space. 5. This is an application to occupy an existing structure of 2,100 sq ft. There is no reduction of parking. 6. This is an application to occupy an existing structure of 2,100 sq ft. There is no reduction of required pavement widths or right-of-ways 7. This is an application to occupy an existing structure of 2,100 sq ft. There is no increase in gross leasable floor area. 8. This is an application to occupy an existing structure of 2,100 sq ft. There is no increase in residential development. 9. This is an application to occupy and existing structure of 2,100 sq ft. There is no change from the projects approved use or dimensional requirements.