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HomeMy WebLinkAboutcoa.lu.ex.811 E Hopkins Ave.0046.2007.-, THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION CLOSED BY 0046.2007.ASLU 2737-18-2-08-002 811 E. Hopkins Ave Sara Adams Subdivision Exempt Hal Dishier 5/27/2008 Angela Scorey Pa~-°~ 2737 -18-2-0~3 -~2 P , ooh- 6~ Zoo? ~ lksLU Fib Edit Becord Navigate Form Reports Format Iab Help J PX c r~ -~ rJ . '~; J t J-'' . IYI J P Di ~ ~ (Y lump 1 ~ '~ . A ~ ,Maim Routing Status Fee $ummaiy .Actions flouting History v PdmR Type Permit A 46.2007.ASLU ~ Addross ell EHOPKINS AVE J Apt/Suie I S Ciry ASPEN State LO Zp 81611 J Permit lnfwma[im ' Master Peimil ~- J Routing I]ueue aslu07 Applied 08/2112007 ' x z~. Protect J Status Pend'n9 Approved ~ -J 'a' Description r SUBDIVISION EXEMPTION (INCLUDES CONDDMINIUMIZATIDN) Issued I - J Final ~-~ Submitted HAL DISHLER, 9259906 Cbck Running Days 0 Expies 06!15(2008 J '. Ownw. Last Name FELLMAN ~ First Name ~- 811 E HOPKINS AVE r Phone 1 ASPEN CO 61611 r Dwnd is Applicant? Applicant Last Name FELLMAN J First Name- 611 EHDPKINS AVE Phone ~- Lust p 27674 J ASPEN CO 81611 Lender Last Name ~-~ Firat Name Phone ~-- +rcl AsDenBold(b( _, Record 5 0l 16 the permit tUce code Page 1 of 1 Janice K. Vos Caudill Clerk and Recorder 530 East Main Street Aspen, CO 81611 (970)429-2707 www.PitkinClerk.org I IIIIII VIII VIII IIIII'llll IIII IIII Print Date: Pitkin County Transaction #: 8653 5/20/2008 11:25:45 Receipt #: 200803027 AM Cashier Date: 5/20/2008 11:25:43 AM (LDEAN) Customer Infonnation Transaction Information Payment Summary DateReceived: 05/20/2008 Source Code: Over the Counter (ASPCIT) ASPEN CITY OF Q Code: Over the Counter Total Fees $11.00 ATTN CITY CLERK Return Code: Over the Total Payments $11.00 Counter Trans Type: Recording Agent Ref Num: 1 Payments $11.00 P ~ CHECK 10327 1 Recorded Items ~_ BK/PG:87/52 Reception.•549287 Date:S/20/2008 R PLAT PLAT_ 11:25:43 AM From: To: Plat Recording @ $10 per page $1 Surcharge 1 $11.00 0 Search Items 0 Miscellaneous Items file://C:\Program Files\RecordingModule\default.htm 5/20/2008 __ ~.,, LAW OFFICES OF HADL 3. DISHLER~N• I{AUFMAN, PETERSON & DISHLER, P.C. PATRICK D. MCALLISTER ' ALSO AIXAITfE01N MARTLANO " ALSO ADMITTED IN TEAS August 20, 2007 Jennifer Phelan City of Aspen 130 S. Galena Aspen, CO 81611 315 EAST HYMAN AVENUE SUITE 305 ASPEN, COLORADO 81611 BROOKE A. PETERSON OF COUNSEL TELEPHONE (970)925-8166 FACSIMILE (970)925-1090 Via Hand Delivery Re: Amended Condominium Plat of the Fellman Condominiums ("Plat"); Fellman Condominiums, 811, 819, 821 E. Hopkins, Aspen CO 81611; Application to approve Amended Condominium Plat of the Fellman Condominiums Dear Ms. Phelan: Enclosed please find two copies of the application materials for the above matter, per the Pre-Application Conference Summary. The included materials are: 1. Total Deposit for review of application. 2. Agreement for Payment of City of Aspen Development Application Fees 3. City of Aspen Pre-Application Conference Summary dated 4/12/07 4. Attachment 2- Land Use Application 5. Attachment 3- Dimensional Requirements Form 6. Title Policy 7. Proposed Amended Condominium Plat of the Fellman Condominiums As you recall from our Pre-Application Conference, our client is seeking approval of the Amended Condominium Plat of the Fellman Condominiums. The renovations that were performed on the existing structures were built according to approved plans under applicable permits. The approval of the Plat that is submitted in this application is the final component to the condominiumization of this project, and the Plat shows all existing conditions. If the proposed Plat needs revision, please advise. If the Plat is approved, we will provide a Mylar copy with the appropriate signatures for signature and recording by your office. ~ ~=. ~-~- ~. AUG 2 0 [uur' :R~,N~N BUILDi~aG L)EFAR i ~1EPi C f J Thank you for your assistance in this matter, and please contact me with any questions or for further information. Sincerely, Kaufman,Peterson& Dishier, P.C. A Professional Corporation By: Jessica Winderl Paralegal pc Tom Fellman Thomas Fellman 809 NO 96 St. Omaha, NE 68114 July 25, 2007 Jennifer Phelan City of Aspen Aspen, CO 81611 Re: Amended Condominium Plat of the Fellman Condominiums ("Plat"); Fellman Condominiums, 811, 819, 821 E. Hopkins, Aspen CO 81611; Application to approve Amended Condominium Plat of the Fellman Condominiums Dear Ms. Phelan: Please be advised that the undersigned is the owner of real property described above. The name and address of the owner are as stated above. Please allow this letter to serve as authorization of Hal S. Dishler, Esq. and Jessica Winderl of the law firm of Kaufman, Peterson &Dishler, P.C. to act as my representatives concerning the Appliction to approve the Amended Condominium Plat of the Fellman Condominiums for the above Property. The address and telephone number of my authorized representatives is as follows: Hal S. Dishler, Esq. and Jessica Winderl Kaufman, Peterson &Dishler, P.C. 315 East Hyman Avenue Aspen, Colorado 81611 (970) 925-8166 (970) 925-1090 (facsimile) Should you have any questions, please do-not hesitate to contact me. Sincerely, omas Fellman ,-, CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Cit~pen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Tom Fellman (hereinafrer APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an applica[ion for Condominiumization (hereinafer, THE PROJECT). 2. APPLICANT understands and agrees thac City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee strucrure 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 [hat because of the size, narure or scope of the proposed project, it is not possible at [his 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 parties [hat APPLICANT make payment of an initial deposit and to [hereafrer permit additional costs [o be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or 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 aze incurred. CITY agrees it will be benefited through [he greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree [hat 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 Curren[ billings aze 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 ro a determination of applica[ion completeness, APPLICANT shall pay an initial deposit in the amount of $ 705.00 which is for 3 (three) hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY [o reimburse [he CITY for [he processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over [he initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT fiu-ther 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 By: By: Chris Bendon Community Development Director Date: Billing Address and Telephone Number: Required 809 N. 96th St., Omaha NE 68114 402-290-9906 C:\Documents and Settings\johannahr\Desktop~2007 Land Use Fees.doc X ~. ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Thomas Fellman LOCatIeR: Fellman Condominiums, 811, 819, 821 E. Hopkins, Aspen CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273718208031, 273718208032 I2EPRESENTATNE: Marne; Hal 8. Dishler . AddieSS: Kaufman, Peterson &Dishler, P. C., 315 E. Hy~pan Ave, Aspen CO 81611 Phone #; 970-925-8166 PROJECT: Name: Amended Condominium Plat of the Fellman Condominiums Address: Fellman Condominiums, 88,819, 821 E. Hopkins, Aspen CO 81611 Phone #; 402-290-9906 TYPE of APPLICATION: (please check all that apply): - ^ - --- - - Conditional Use - ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQ5 Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ^ Small Lodge Conversion/ Mazgin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ TexUMa Amendment EXISTING CONDITIONS: (description of existing buildings uses previous apptovals, etc.) Fellman Condominium Unit One and Fellman Condominium Unit Two; Three primary structures and one garage PROPOSAL: (description of proposed buildings uses, mgditications, etc.) Amend the Condominium Plat of the Fellman Condominiums to shop updated Condominium DLit One and Unit Two- Have you attached the following? FEES DUE: $ 705. oo , x^ Pre-Application Conferenc0 Summary ® Attachment#1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds 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. y ,, .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 4/12/07 PROJECT: Fellman Condominiums, 811, 819 and 821 E. Hopkins APPLICANT: Tom Fellman REPRESENTATNE: Hal Dishier TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to amend the existing condominium plat. Based on information provided by the applicant's representative the property contains three individual primary structures (811, 819 and 821) that are in a condominium form of ownership and held solely by the Applicant. The applicant would like to create additional ownership interest in the condominium by keeping 811 and 819 and separating 821. The applicant needs Condominiumization review (which is a form of subdivision) is required in order to amend the plat and add additional ownership interest. ht a cursory review of a draft plat, staff noted that general common elements and limited common elements were not identified on the plat. Additionally, to fully understand the changes the applicant is proposing to the existing condominium, staff will require the current recorded plat with submission. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: -Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $705.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $705.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11.A11 other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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. .~T ,, ATTACHMENT3 * DIMENSIONAL REQUIREMENTS FORM Project: Fellman Condominiums, 811, 819 and 821 E. Hopkins Ave. Applicant: Tom Fellman Location: gll, 819 and 821 E. Hopkins Ave. Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed. Number of residential units: Existing.• Proposed: Number of bedrooms: Existing: Proposed. Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing: Allowable: Proposed:- Principal bldg. height: Existing: Allowable: Proposed:- Access. bldg. height: Existing: Allowable: Proposed.- On-Site parking: Existing: Required: Proposed:_ Site coverage: Open Space: Front Setback: Rear Setback: Combined F/R: Side Setback: Side Setback: Combined Sides: Distance Between Buildings Existing.' Required: Proposed:- Existing. Required: Proposed:_ Existing. Required: Proposed:- Existing. Required: Proposed.- Existing: Required: Proposed:_ Existing: Required. Proposed:- Existing: Required: Proposed:- Existing: Required: Proposed:- Existing Required: Proposed Existing non-conformities or encroachments: Variations requested: *Dimensions according to attached Plat, per Planner . ~~~ ~!, i ALTA OWNER'S POLICY SCHEDULE A Order Number: 43596 Date of Policy: July 11, 2005 at 9:41 AM Amount of Insurance: $11,700,000.00 1. Name of Insured: Thomas Fellman Premium: $15,647.00 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Thomas Fellman 4. The land referred to in this policy is described as follows: Units 1 and 2, FELLMAN CONDOMINIUMS, according to the Plat thereof recorded February 28, 2002 in Plat Book 59 at Page 96 as Reception No. 464456 and as defined and described by the Condominium Declaration for the FELLMAN CONDOMINIUMS recorded February 27, 2002 as Reception No. 464455, and Amendment to Condominium Declaration for the Fellman Condominiums recorded March 18, 2002 as Reception No. 465195. formerly known as Lots C, D, E, and F, Block 31, EAST ASPEN ADDITION TO THE CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN,. STATE OF COLORADO !1 Policy No.: 0-9701-1537817 STEWART TITLE GUARANTY COMPANY ,,.., ;., ALTA OWNER'S POLICY SCHEDULE B Order Number: 43596 Policy No: 0-9701-1537817 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes for the year 2005, not yet due and payable 2. 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 as Reception No. 106874. 3. Easements, rights of way and other matters as shown and contained on the Condominium Map of Fellman Condominiums, recorded February 28, 2002 in Plat Book 59 at Page 96 as Reception No. 464456. 4. Terms, conditions, obligations and provisions of Condominium Declazation for the Fellman Condominiums as set forth in instrument recorded February 27, 2002 as Reception No. 464455, and Amendment to Condominium Declaration for the Fellman Condominiums recorded March 18, 2002 as Reception No. 465195. 5. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission Approving an Application for Major Development (Conceptual), On-Site Relocation, and Variances for the Property Located at 811/819 East Hopkins, Lots C-F, Block 31, City and Townsite of Aspen, Resolution No. 22, Series of 2003 as set forth in instrument recorded May 28, 2004 as Reception No. 498155. 6. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission Approving and Application for Major Development (Final) for the Property located at 811/819 East Hopkins, Lots C-F, Block 31, City and Townsite of Aspen, Colorado, Resolution No. 14, Series of 2004 as set forth in instrument recorded May 28, 2004 as Reception No. 498152. 7. A Deed of Trust dated July 8, 2005, executed by Thomas Fellmam, to the Public Trustee of Pitkin County, to secure an indebtedness of $7,514,000.00, in favor of American National Bank, recorded July 11, 2005 as Reception No. 512176. STEWART TITLE GUARANTY COMPANY ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9701-1537817 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 43596 Charge: $150.00 The Policy is hereby amended by deleting Paragraph of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. S T E W A R T T I T L E GUARANTY COMPANY ism ow .,./ ~r ~:~`~o~ro~~ ~~ ce.~.... er se. e..ra -f-'tsi ez.ea..c ~~~Z'I :O 8 ; o ~fXAy Cou e~~\ , Y Authorized Countersignature S[ewan Title of Aspen, Inc. 620 East Hopkins Avenue AspenCO CO 81611 (970)925-3577 Serial No. E-9851-1537817 CLTA Farm 110.1 (Rev. 9-10-93) Deletion ojltem From Policy ALTA -Owner ,-. I ~ STG Index of Endorsements to Policy STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POLICY COLORADO Agent File No.: 43596 Insured: Thomas Fellman Policy No.: 0-9701-1537817 Policy Form: ALTA Owners Policy 10-17-92 Charge: $15,647.00 The Endorsements indicated below are attached to the above referenced Policy: ENDORSEMENT 110.1 Deletion of Standard Exceptions Charge $ 150.00 :, AL'I'A OWNER'S POLICY -10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability ofthe title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY ~~ S: ~• blo r • r' ~otvor~ ~a Chvirvav of the aovM Wl~ -*- ,~~~< ~`.+: 1908 io TCxPS Countersigned: Authorized Countersignature Stewart Title of Aspen, Inc. (970) 925-3577 620 East Hopkins Avenue Aspen, CO 81611 .G~1/t' Qtif~i/ Pxvidvve EXCLUSIONS FROM COVERAGE The following matters are expressly ezcluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or exprnses which arise by reason ot: 1. (a) Any law, ordinance or govemmrntal regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, reguladng, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvemrnt now or hereafter erected on [he land; (iii) a separation in ownership or a change in [he dimrnsions or area of the land or any parcel of which the land is or was a part; or (iv) rnvironmrntal protection, or [fie effect of any violation of these laws, ordinances or governmental regulations, except [o the extrn! [hat a notice of the enforcement thereof or a notice of a defect, lien or rncumbrance resulting from a violation or allcged violation affecting the land has been recorded in the public records a[ Date of Policy. (b) Any govemmrntal police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lirn or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has ban recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defats, liens, encumbrances, adverse claims or other matters: (a) created, suffered, azsumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Serial No. 0-9701-1537817 Pa e 1 of 4 ALTA OWNER'S POLICY 10-17-92 ,-a, ., , 5. PROOF OF LOSS OR DAMAGE. In addition m and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be famished to [he Company withih 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect iq or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extrnt possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places az may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reazonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, [he insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, corespondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary infomuation from third parties as required in this paragraph shall terminate any liability of [he Company under this policy as [o that claim. 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the Collowing additional options: (a) To Pay or Tender Payment of the Amount of Insurance. (i) To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incured by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than [he Insured or With [he Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costa, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by [he insured claimant which were authorized by [he Company up to [he time of paymrnt and which Ne Company is obligated [o pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defrnd, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the leazt of. (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest az insured and the value of the insured estate or interest subject m the defect, lien or encumbrance insured against by this policy. (b) Tn the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percrnt of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at (east 20 percrnt over the Amount of lnsumnce stated in Schedule A, Nrn this Policy is subject to the following: (i) where no subsequent improvement has barn made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has barn made, as [o any partial !oss, the Company shall only pay the Ions pro rata in [he proportion that 120 percent of the Amount of Insurance siaced in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and [he amount ezprnded for the improvemrnt.The provisions of Nis paragraph shall not apply to costs, attorneys' fees and expenses for which Ne Company is liable under Nis policy, and shall only apply to Nat portion of any loss which exceeds, in Ne aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only Nose costs, attorneys' fees and expenses incured in accordance wiN Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used az a single site, and a loss is established affecting one or more of Ne parcels but not all, the loss shall be computed and settled on a pro rata bazis az if the amount of insurance under this policy was divided pro rata az to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has oherwise been agreed upon az N each parcel by the Company and the insured at Ne time of the issuance of this policy and shown by an express statement or by an endorsement amched to this policy. Serial No. 0-9701-1537817 Pa e 3 of 4 ALTA OWNER'S POLICY 10-17.92 n,,. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or rncumbrance, or cures the lack of a right of access to or from the land, or cures the claim of untnarketability of title, all as insured, in a reasonably diligrnt manner by any method, including litigation and the completion oC any appeals therefrom, i[ shall have fully performed ifs obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the evrnt of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there haz been a final deternination by a court of competentjurisdiction, and disposition of all appeals therefrom, adverse to the titleaz insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All paymenu under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NON-CUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or takrn subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy haz been lost or destroyed, in which caze proof of loss or destruction shall be famished to the satisfaction of the Company. (b) When liability and the ex[rn[ of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or damage shall be payable within 30 days [hereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant.. The Company shall be subrogated to and be rntitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a paymrnt on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion, which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, [hat act shall no[ void this policy, but the Company, in that evrnt, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Agains[Nnn-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terns or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between [he Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant [o [his policy and under [he Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permit a court to award attomeys' fees to a prevailing party. Judgment upon the award rrndered by the Arbitrator(s) may be entered in any court havingjurisdiction thereof. The law of the silos of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. I5. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsemrnts, if any, attached hereto by [he Company is the entire polity and contact between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed az a whole. (b) Any claim of loss or damage, whether or not hazed on negligrnce, and which arises out of the status of the title [o the estate or interest covered hereby or by any action azserting such claim, shall be restricted to this policy. (e) No amendment of or endorsemrnt to this policy can be made except by a writing rndorsed hereon m attached hereto signed by either the Presidrnt, a Vice President, [he Secretary, an Assistant Secretary, or validating officer or authorized signatory of [he Company. 16. SEVERABILFfY. In the event any provision of the policy is held invalid or unrnforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All nofices required to be givrn the Company and any statement in writing required to be famished the Company shall include the number of this policy and shall be addressed to the Company at P. O. Box 2029 Houston, TX 77252-2029. Serial No. 0-9701-1537817 Pa e 4 of 4 ALTA OWNER'S POLICY 10-17-92 ms .. s' '~ ~~ Thomas Fellman 809 NO 98 St. Omaha, NE 68114 July 25, 2007 Jennifer Phelan City of Aspen Aspen, CO 81611 Re: Amended Condominium Plat of the Fellman Condominiums ("Plat"); Fellman Condominiums, 811, 819, 821 E. Hopkins, Aspen CO 81611; Application to approve Amended Condominium Plat of the Fellman Condominiums Dear Ms. Phelan: Please be advised that the undersigned is the owner of real property described above. The name and address of the owner are as stated above. Please allow this letter to serve as authorization of Hal S. Dishier, Esq. and Jessica Winderl of the law firm of Kaufman, Peterson & Dishier, P.C. to act as my representatives concerning the Appliction to approve the Amended Condominium Plat of the Fellman Condominiums for the above Property. The address and telephone number of my authorized representatives is as follows: Hal S. Dishier, Esq. and Jessica Winderl Kaufman, Peterson & Dishier, P.C. 315 East Hyman Avenue Aspen, Colorado 81611 (970)925-8166 (970) 925-1090 (facsimile) Should you have any questions, please do-not hesitate to contact me. Sincerely, omas Fellman 'i AUG 'L J ~~~~' ASS t? ~ ~ ~;.;1 V su~l~~rlc ul_Fa.~rt~,~E~1 .~ `.. ~,. ~F. TOM FELLM~N ~ ~,. ~ ` ~~j ~f $09 N. 96TH ST ~2-18 /~ ~ ~ 1 p ,V~ , `an'LJ // OMAHA, NE 68114 u..- ''~;~. -(~I-Y-" F~J ~2 pAYTOTHE r - ORDEROF €'4a $d ~ S > ~_ E ~' ~ ... '~' x ;. y..; ~-D LLARS 8 a '~` 5 a.., FIRST WESTROADS BANK P,O. :BOX 241259 ~OFUWA NE 68114 ~: ~° FOR - l~~~C ~ iw '~: X0400-i497~: 3,~6n! i66n' 9095 ,. _. ,t:~4~ r~. ~. w -~. -_ ., CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Aereement for PaKment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and Tom Fe] (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Condominiumization (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 cbmpleteness. 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 parties that APPLICANT make payment of an initial deposit and to thereafrer permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by [he CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full cosu to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficienx 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 aze 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 $ 705.00 which is for 3 (three) hours of Community Development staff time, and if acrual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY [o 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 paymenu shall be made within 30 days of she billing date. APPLICANT further agrees that failure to pay such accrued cosu 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 By: sy: ChrisBendon Community Development Dueaor Date: Billing Address and Telephone Number: Required 809 N. 96th St., Omaha NE 68114 402-290-9906 C:\Documents and Settings\johannahr\Desktop~2007 Land Use Fees.doc ~~ ,~ ~, CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 4/12/07 PROJECT: Fellman Condominiums, 811, 819 and 821 E. Hopkins APPLICANT: Tom Fellman REPRESENTATIVE: Hal Dishier TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to amend the existing condominium plat. Based on information provided by the applicant's representative the property contains three individual primary structures (811, 819 and 821) that aze in a condominium form of ownership and held solely by the Applicant. The applicant would like to create additional ownership interest in the condominium by keeping 811 and 819 and separating 821. The applicant needs Condominiumization review (which is a form of subdivision) is required in order to amend the plat and add additional ownership interest. ht a cursory review of a draft plat, staff noted that general common elements and limited common elements were not identified on the plat. Additionally, to fully understand the changes the applicant is proposing to the existing condominium, staff will require the current recorded plat with submission. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: -Staff for complete application - Community Development Director for condominiumization Public Heazing: No hearing required Planning Fees: $705.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Refenal Fees: None Total Deposit: $705.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. 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. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development ~.+ complies with the review standards relevant to the development application. 11.A11 other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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. r^~ .,, . ,. ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: Thomas Fellman LOCat19T1: Fellman Condominiums,~811, 819, 821 E. Hopkins, Aspen CO 81611 (Indicate street address, lot & block number, legal description where appropriate) __ Pazcel ID # (REQUIItED) 273718208031, 273716208032 REPRESENTATIVE: Name: ~ ~ Hal S. Dishler Address: Kaufman, Peterson &Dishler, P.C., 315 E. Hggian Ave, Aspen CO 81611 nl,,..,e u. 970-925-8166 PROJECT: Nye; Amended Condominium Plat of the Fellman Condominiums Address: Fellman Condominiums, 88},819, 821 E. Hopkins, Aspen CO 81611 phone #; 402-290-9906 TYPE OF APPLICATION: (please Check all that apply): ^ Conditional Use ^ Concceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ ' Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devi ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8iM0 Green]ine, Stream ~ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, cpndominiumization} Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Fellman Condominium Unit One and Fellman Condominium IInit Two; Three primary structures and one gazage PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Amend the Condominium Plat of the Fellman Condominiums to shod updated Condominium Uhit One and IInit Two. Have you attached the following? FEES DUE: $ 705. oo . © Pre-Application Conference Summary ® Attachment#1, Signed Fee Agreement ® Response to Attachmerit #3, Dimensional Requirements Form ^ 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. .w. ~. , r ATTACHMENT3 * DIMENSIONAL REQUIREMENTS FORM Project: Fellman Condominiums, 811, 819 and 821 E. Hopkins Ave. Applicant: Tom Fellman Location: gll, 819 and 821 E. Hopkins Ave. Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Nurnber of bedrooms: Existing.• Proposed: Proposed % of demolition (Historic properties only):- DIMENSIONS: Floor Area: Existing: Allowable: Proposed:- Principal bldg. height: Existing: Allowable: Proposed:- Access. bldg. height: Existing: Allowable: Proposed.•_ On-Site pazking: Existing: Required: Proposed.•_ °1o Site coverage: Existing: Required: Proposed:- % Open Space: Existing: Required. Proposed:- Front Setback: Existing.• Required: Proposed.•_ Rear Setback: Existing.• Required: Proposed.•~ Combined F/R: Existing: Required. Proposed: Side Setback: Existing: Required: Proposed:- Side Setback: Existing: Required.• Proposed:_ Combined Sides: Existing: Required: Proposed:- Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: *Dimensions according to attached Plat, per Planner ~,. AL1'A OWNER'S POLICY -10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the 6[le; 4. Lack of a right of access to and from the tand. The Company will also pay the costs, attomeys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE GUARANTY COMPANY ~~ `tt~~ tuti Chairvae o[ cha Board „3.p t~-*-•'~0;~ `.~~ 1908 o Tfi(ASI Countersigned: ~~~:\ ~~' Authorized Countersignature Stewart Title of Aspen, [nc. (970) 925-3577 620 East Hopkins Avenue Aspen, CO 8161 I ~r~C at~~ PsraldaaL EXCLUSIONS FROM COVERAGE The following matters are expressly excluded firm the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or exprnses which arise by reason of: 1. (s) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvertrent now or hereafter erected on the land; (iii) a separation jn ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) rnvironmental protection, or the effect of any violation of these laws, ordinances or govemmrntal regulations, except to the eztrn! that a notice of!he rnforcemrn[ thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violaton affecting the land has barn recorded in the public records at Date of Policy. (b) Any govemmrntal police power not excluded by (a) above, except to the extent that a dodce of the exercise thereof or a notice of a detect, lim or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminrnt domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding firm coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, rncumbtances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent m Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Serial No. 0-9701-1537817 Pa e I of4 ALTA OWNER'S POLICY IO-17-92 *^ ~. ALTA OWNER'S POLICY Order Number: 43596 SCHEDULE A ~~. Policy No.: 0-9701-1537817 Date of Policy: July 11, 2005 at 9:41 AM Amount of Insurance: $11,700,000.00 1. Name of Insured: Thomas Fellman Premium: $15,647.00 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Thomas Fellman 4. The land referred to in this policy is described as follows: Units 1 and 2, FELLMAN CONDOMINIUMS, according to the Plat thereof recorded February 28, 2002 in Plat Book 59 at Page 96 as Reception No. 464456 and as defined and described by the Condominium Declaration for the FELLMAN CONDOMINIUMS recorded February 27, 2002 as Reception No. 464455, and Amendment to Condominium Declaration for the Fellman Condominiums recorded March 18, 2002 as Reception No. 465195. formerly known as Lots C, D, E, and F, Block 31, EAST ASPEN ADDITION TO THE CITY AND TOWNSI'TE OF ASPEN, COUNTY OF PITICIN,. STATE OF COLORADO 3TEWART TITLE GUARANTY COMPANY r (~6/ ALTA OWNER'S POLICY SCHEDULE B Order Number: 43596 -~ ., /4 ~ l Policy No: 0-9701-1537817 _ This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Taxes for the yeaz 2005, not yet due and payable 2. 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 as Reception No. 106874. 3. Easements, rights of way and other matters as shown and contained on the Condominium Map of Fellman Condominiums, recorded February 28, 2002 in Plat Book 59 at Page 96 as Reception No. 464456. 4. Terms, conditions, obligations and provisions of Condominium Declazation for the Fellman Condominiums as set forth in instrument recorded February 27, 2002 as Reception No. 464455, and Amendment to Condominium Declazation for the Fellman Condominiums recorded Mazch 18, 2002 as Reception No. 465195. 5. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission Approving an Application for Major Development (Conceptual), On-Site Relocation, and Variances for the Property Located at 811/819 East Hopkins, Lots C-F, Block 31, City and Townsite of Aspen, Resolution No. 22, Series of 2003 as set forth in instrument recorded May 28, 2004 as Reception No. 498155. 6. Terms, conditions, obligations and provisions of Resolution of the Aspen Historic Preservation Commission Approving and Application for Major Development (Final) for the Property located at 811/819 East Hopkins, Lots C-F, Block 31, City and Townsite of Aspen, Colorado, Resolution No. 14, Series of 2004 as set forth in instrument recorded May 28, 2004 as Reception No. 498152. 7. A Deed of Trust dated July 8, 2005, executed by Thomas Fellmam, to the Public Trustee of Pitkin County, to secure an indebtedness of $7,514,000.00, in favor of American National Bank, recorded July 11, 2005 as Reception No. 512176. STEWART TrrLE GUARANTY COMPANY ~~. ,-~, (~s ~ ~ ~ ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9701-1537817 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 43596 The Policy is hereby amended by deleting Pazagraph of Schedule B. Charge: $150.00 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the temps and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but [his endorsement is [o be valid only when it bears an authorized countersignature. S T E W A R T T I T L E GUARANTY COMPANY ~s;;~w ~:~ ~:~ a~~ a~ ' (}'Wb r~ $'~o~roeejE ~~ Pe..fe.cs I ~0 8 tie s ~. ~'EXAti Cot le Authorized Countersignature Stewart Title of Aspen, Inc. 620 East Hopkins Avenue AspenCO CO 81611 (970)925-3577 Serial No. E-9851-1537817 CLTA Form 110.1 (Rev. 9-10-93) Deletion ojltem From Policy r^~ ' ~ I V / STG Index of Endorsements to Policy STEWART TITLE GUARANTY COMPANY INDEX OF ENDORSEMENTS TO POLICY COLORADO Agent File No.: 43596 Insured: Thomas Fellman Policy No.: 0-9701-1537817 Policy Form: ALTA Owners Policy 10-17-92 Charge: $15,647.00 The Endorsements indicated below are attached to the above referenced Policy: ENDORSEMENT 110.1 Deletion of Standazd Exceptions Chazge $ 150.00 ... 5. PROOF OF LOSS OR DAMAGE. N addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn m by the insured claimant shall be famished to the Company withid 90 days afttt the insured claimant shall ascertain the facts giving rise m the loss or damage. The proof of loss or damage shall describe the defect in, or lira or encumbrance on the title, or othtt matttt insured against by this policy which constitutes the basis of lass or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured undtt the policy shall terninau, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. N addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain m the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized repmentative of the Company m examine, inspect and copy all records, books, ledgers, checks, corespondmce and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All infornation designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the rcasonablejudgmmt of the Company, it is necessary in the administration of the claim Failure of the insured claimant to submit for examination under oath, produce other reasonably requested infornation or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6.OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount oC Insurance. (i) To pay art tendtt payment of the amount of insuance under this policy together with my costs, attorneys' fees and expenses incured by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or Wlth the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any vests, attomtys' fees and expenses incurred by the insured claimant which were authorized by the Compmy up to the time of payment and which the Company isobligated to pay; or ' (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this polity, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, othtt than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LWBILITY AND COINSURANCE. This policy is a contract of indermiry against actual monetary loss or damage sustained or incumd by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extort herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lira or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest m the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy en improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as m any partial loss, the Compmy shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as m any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 pcreent of the Amount of Insurance stated in Schedule A bears [o the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. ' (c) The Company will pay only those costs, attorneys' foes and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and set0ed on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each panel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by m indorsement attached to this policy. Serial No. 0-9701-1537817 Pa e 3 of 4 ALTA OWNER'S POLICY IO-17-92 r^ .,~ 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a tight of access to or from the land, or cures the claim of unmarketability of title, all az insured, in a reasonably diligrnt manner by any method, including litigation and the completion of any appeals therefrom, it shalt have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) [n the evrnt of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has bern a final determination by a court of competrnt jurisdiction, and disposition of all appeals therefrom, adverse to the title.as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily azsumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attomeys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NON-CUMULATCVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, azsumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for rndorsemrnt of the payment unless the policy has been lost or destroyed, in which caze proof of loss or deswction shall be famished to the satisfaction of the Company. (b) Whrn liability and the eztrnt of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the toss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant.. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not bern issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order m perfect this right of subrogation. The insured claimant shall pertmt the Company to sue, compromise or settle in the name of the insured claimant and to use [he name of the insured claimant in any transaction or litigation involving these rights or remedies. If a paymrnt on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion, which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, az stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amoun4 if any, lost to the Company by reazon of the impairmrnt by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instromrnis which provide for subrogation rights by reazon of [his policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but arc not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court m award attorneys' fees to a prevailing party. Judgmrnt upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Aules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy mgether with all rndorsemrnis, if any, attached hereto by the Company is the rntirc policy and contract between the insured and the Company. 1n interpreting any provision of this policy, this policy shall be conswed az a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the fide m the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing rndorsed hereon or attached hereto signed by either the Presidrnt, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILTCY. Jn the evrnt any provision of the policy is held invalid or unrnforoeable under applicable law, the policy shall be deemed not to include that provision and all other provisions shag remain in full forre and effect 17. NOTICES, WHERE SENT. All notices required to be givrn the Company and any statemrnt in writing required to be famished the Company shall include the number of this policy and shall be addressed to the Company at P. O. Box 2029 Houston, TX 77252.2029. Serial No. 0-9701-1537817 Pa e 4 of 4 ALTA OWNER'S POLICY 10-17-92 Page 1 of 1 Sara Adams From: Jennifer Phelan Sent: Tuesday, September 04, 2007 10:10 AM To: 'Jessica Winded' Cc: Sara Adams Subject: Fellman Condominiums -plat comments Jessica: I wanted to get back to you on the Fellman Condominiums plat. Of greatest concern on the plat is the lack of identified limited common elements. For example, with a condominium form of ownership, the land is held in common interest by the unit owners. This should be reflected on the plat as general and/or limited common elements. Additionally, the surveyor has identified line segments that should be moved to the legend portion of the plat. With those two changes we can accept the mylars. Jennifer Phelan, Senior Long Range Planner Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 vvww.aspenpitkin.com 9/19/2007