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HomeMy WebLinkAboutLanduse Case.CO.228 E Cooper Ave.0054.2008.ASLUm 228 E. COOPER AVE 0054.2008.ASLU _ MONARCH ON THE PARK CONDO PROJECT 2737-18-2-18-001 S/9 C rf, No 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0054.2008.ASLU 2737-18-2-18-001 228 E. COOPER AVE JENNIFER PHELAN/DREW ALEXANDER CONDO OF SIX UNITS LIMELITE REDEVELOPEMENT 11 /24/08 CLOSED BY Angela Scorey 2,7 3, - t oo 2 '7 3`1 - g -z «-� o ►� 0o 5-4- 2 008 . S UA 46 Ede Edit gecord Ua% J ► ►", =, f-� Farm Reports Format Jab tielp J 7J J ii J 4 .) a A L. , -/ 46 -;j N rI j Main � a1us„ i&Jjjjjjj1elds actions J Feeg Parcels Fee Summary. Sub Rermits Attachments Routing Status Routing 1 ► Permit Type aslu _Aspen Land use Permit = D �` Address 1228 E COOPER AVE Apt(Su.te Q City JASPEN State CO Zip 81611 Permit Information Master Permit Routing Queue aslu07 Applied 11i05+200s J Project Status pond ng Approved Description I CONDOMINIUMIZATION OF SIX UNITS - MONARCH ON THE PARK PROJECT. Issued J Final Submitted GERALD M BIEHL 303,592,9112 Clock Running DaysI Expires 10,312009 Or; ner Last Flame ILIMEUTEREDEVELOPMENT A First Name Phone l✓ Owner Is Applicant? Applicant Last Name ILIMELITE REDEVELOPMENT J First Name Phone Cust = 28i45 Lender Last Name �- J First Name Phone Permit lenders full address ,I 0202 5002� o � � AspenGold(b) Record: 1 of 1 Note of Recordation: 11/24/2008 Case number: 0054.2008.ASLU, 228 E. Cooper Ave (Monarch on the Park) Condo Plat Planner assigned: Drew Alexander Book number: 89, page 11— Reception number: 554415 Declaration number: 554413 Amenities agreement number: 554414 • 0 NOTICE OF APPROVAL For An Approval of a Condominium Plat Parcel ID No. 2737-18-2-18-001, 2737-18-2-19-001 APPLICANT: Limelight Redevelopment, LLC for 228 E. Cooper Ave. REPRESENTATIVE: Jerry Biehl, General Management Real Estate Services, INC. SUBJECT OF Monarch on the Park Condominium Plat, 228 E. Cooper AMMENDMENT: SUMMARY: On behalf of the Owner's Association for 228 E. Cooper Ave., Jerry Biehl has applied for an approval of a condominium plat map. The Monarch on the Park development will be finished in a series of three phases, this being the first. STAFF EVALUATION: In order to obtain approval for a Condominium Plat, the applicant must adhere to the requirements pursuant to Sec. 26.480.090 of the City of Aspen Land Use Code. Staff finds that the proposed condominium plat map meets the criteria for approval. DECISION: The Community Development Director finds the application is consistent with the review criteria for Condominiumization Subdivision and thereby, APPROVES the plat as specified below. The approved condominium plat for 228 E. Cooper Ave, Monarch on the Park, allows for a plat to be recorded at the Pitkin County Clerk and Recorder Office. Appropriate signatures, including the Director of Community Development and the City Engineer, will be required. APPROVED BY: 1� "I, - - 15 Chris Bendon Community Development Director 1 • • Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090 - Case: O05L}.ac-'o8 n/�6,.►AfL�1-1 oN T�F� PARS - Date: 11 /6'7 /68 - Planner assigned: )IzLrw 41EXANDEZ ❑ Yes ❑ No: Required Certificates on Plat Map QYes ❑ No: Lien Holder Consent and Subordination Yes ❑ No: Surveyor's Certificate ❑ Yes ❑ No: Title Certificate ❑ Yes ❑ No: Declarant's Certificate ❑ YestL No: City Engineer's Approval i❑ Yes ❑ No: Community Development Director's Approval Yes ❑ No: A certificate of filing for the Pitkin County Clerk and Recorder Notes: 61J A Aj (, r I TY 63/�,—L— I TY ,o " i -ry " ❑ Yes Ig No: Accurate and understandable dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important Notes: rg Yes ❑ No: A scale representing one (1) inch equals one hundred (100) feet or larger 9 Yes ❑ No: Under Surveyor's Certificate language, there must be a statement explaining that the control precision is greater than 1 in 10,000. Yes ❑ No: A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and copies of any monument records required of the land surveyor. Yes ❑ No: Common access, utilities and drainage are accessible to all units benefiting from common utilities. n I 0 General Notes: ac r^EN75 ro 2 �C �5 • • • Engineering Requirements: Survey performed or verified within the last 12 months ❑ Surveyor's certificate stating that the error of closure is less than 1/10,000 ❑ Vicinity map showing the property surveyed in reference to nearby highway(s) or major street intersections (shown at a scale of 1" = 400') Ll Monuments placed (or reference monument or witness to the corner) at all corners of the boundary of the property, unless already marked or referenced by an existing monument of witness to the corner. ❑ Legend of symbols ❑ Survey tied to USGA, NGS or local government monument system ❑ Overlaps and gores along the exterior of the boundaries ❑ Legal description of property ❑ Existing building(s) locations and dimensions with ties ❑ All improvements within five feet of property boundaries ❑ Gross land area to the nearest thousandth of an acre ❑ One foot contours and the datum of the elevations ❑ Basis of bearing and point of beginning graphically ❑ Roads (edge of pavement as applicable), Rights -of -Way and distance to the nearest intersecting street if within 200' of property ❑ Label easements and encroachments, add reference numbers as applicable ❑ Indication of access to public rights -of -way on land such as curb cuts and driveways, and to and from waters adjoining the surveyed tract. ❑ List setbacks and building envelopes Names of adjoining owners of platted lands or subdivision names ❑ Any changes in street right of way lines either completed or proposed ❑ Location, species, trunk diameter of trees at 4 %' from ground, and extents of drip line ❑ Natural hazards; the designation of all areas that constitute natural hazard areas including but not limited to snow slide, avalanche, mudslide, and rockslide. ❑ Delineate areas with slopes form 20% to 30% and areas with slopes greater than 30% El Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps of the state of local equivalent, by scaled map location and graphic plotting only). ❑ Location of all utilities existing on or serving the surveyed property as determined by observed evidence and observed evidence together with evidence from plans obtained from utility companies or provided by client, and markings by utility companies and other appropriate sources (with reference as to the source of information). 0 List of all documents used in the survey with recoding information RECEPTION#: 554414, 11/20/2008 at 09:14:01 AM, 1 OF 3, R $16.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO Upon Recording Return To: Les Roos 500 Golden Eagle Drive Broomfield, Colorado 80020 AMENITIES USE AGREEMENT This Amenities Use Agreement ("Agreement') is made between New Limelight LLC, a Colorado limited liability company ("New Limelight') and Monarch on the Park Condominium Owners Association, a Colorado nonprofit corporation (the "Association'). RECITALS A. New Limelight owns certain real property located in the City of Aspen, County of Pitkin, State of Colorado, described as the North Parcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado (the "Limelight Lodge Property"). New Limelight intends to operate a hotel known as the Limelight Lodge on the Limelight Lodge Property. B. The real property located across the street from the Limelight Lodge Property, which is described as the South Parcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado, is being developed as a condominium by Limelite Redevelopment, LLC, a Colorado limited liability company ("Declarant"), known as Monarch on the Park pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes 38-33.3-101 et. seq. The Association is responsible for the management, operation and maintenance of the common elements of Monarch on the Park, administration of the covenants, conditions, and restrictions of Monarch on the Park, and other similar responsibilities, and its members are all of the owners of units in Monarch on the Park. New Limelight is entering into and recording this Agreement to provide record notice of the right of owners of residential units in the Monarch on the Park and their guests to use the swimming pool and surrounding courtyard and the lobby areas of the Limelight Lodge and the housekeeping services that will be offered to owners of residential units in the Monarch on the Park and their guests, subject to the terms and provisions of this Agreement. AGREEMENT Now, therefore, New Limelight and the Association hereby agree and New Limelight hereby declares that the Limelight Lodge Property shall be encumbered by and held, sold and conveyed subject to the following covenants, conditions, and other provisions of this Agreement. 1. Use of the swimming pool and surrounding courtyard and the lobby areas of the Limelight Lodge will be offered to owners of residential units in the Monarch on the Park and their guests and housekeeping services will be offered to such owners and their guests through the management company for the Monarch on the Park (collectively the "Amenities"), provided that housekeeping services will be offered at a fair and reasonable cost in relation to the cost of providing such housekeeping services. In accordance with the provisions of the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park, neither Declarant, New • 0 Limelight, nor any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, nor their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns, shall have any liability of any nature whatsoever pertaining to use of the Amenities by owners of units in the Monarch on the Park and their guests, except for liability resulting from the gross negligence or intentional misconduct of Declarant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, or their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns. As a consequence of their use of the Amenities, each owner of a residential unit in the Monarch on the Park and their guests agree to indemnify and hold harmless Declarant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, and their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns from any and all claims and liability of any nature whatsoever pertaining to use of the Amenities by such owners of units in the Monarch on the Park and their guests, except for claims or liability resulting from the gross negligence or intentional misconduct of Declarant, New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, or their respective members, managers, shareholders, directors, officers, partners, employees, agents, successors and assigns. Upon request, each owner of a residential unit and its guests using the Amenities shall execute and deliver to Declarant, New Limelight or such other owner or operator or management company a release of liability and indemnity agreement consistent with the foregoing provisions. Any owner and any owner's guests may be excluded from use of any or all of the Amenities if such owner or their guests' conduct or behavior is inappropriate or otherwise detrimental or damaging to the Limelight Lodge or its operation as determined by New Limelight, any other owner or operator of the Limelight Lodge, or a management company acting on behalf of New Limelight or such other owner or operator, in their sole but reasonable discretion. 2. If, at any time after execution and recording of this Agreement, Leroy Dale Paas, Charlotte R. Paas, Rick L. Woolery, or Nina Susan Woolery or any of their children, grandchildren or the spouses of any such children or grandchildren, do not control the operation of the Limelight Lodge, the rights and benefits to the Amenities accruing to the owners of units in the Monarch on the Park and their guests provided herein may be terminated upon not less than forty five (45) days written notice to the Association and upon such notice the owners of units in the Monarch on the Park and their guests shall have no further rights or benefits to the Amenities. Such termination may be evidenced by the recording of a document stating such termination in the Clerk and Recorder's office for Pitkin County, Colorado, which document shall release of record the Limelight Lodge Property from any encumbrance or restriction of any nature whatsoever provided in this Agreement. 2 • In witness whereof, this Amenities Use Agreement has been executed as of the dates specified below. STATE OF COLORADO Go ) ss. COUNTY OF New Limelight LLC, a Colorado limited liability company By: Limelite, Inc., a Colorado corporation, Manager By: / oy Dale Paas, President The foregoing instrument was acknowledged before me this /9 day of pv. 2008, by Leroy Dale Paas as President of Limelite, Inc., a Colorado corporation, Manager of New Limelight LLC, a Colorado limited liability company My commission expires: [SEAL] otary Public Monarch on the Park Condominium Owners Association, a Colorado nonprofit corporation B'-;z/'//' i'l. z�� President STATE OF COLORADO ) ss. COUNTY OF De h v-r.e- ) TheX regoing instrument was acknowledged before me this I`l, dayof Nay 2008, by rR Ii tki as President of Monarch on the Park Condominium Owners AssVciation, a Colorado nonprofit corporation. My commission expires: -7 ,SAUF9 [SEAL] :. pTA�q •.. FB CO My Co nmission Expires 01127/2009 (N�otary)ublic 0 s Drew Alexander From: Les Roos [lesroos@comcast.net] Sent: Wednesday, November 12, 2008 10:33 AM To: Drew Alexander; 'Cate Love' Cc: Jerry Biehl; jenifer@gmco.org; Steve Szymanski; Sandy Sidur Subject: RE: Edits to the Monarch on the Park Condo Plat Drew, Thanks for your follow up. Since you are our contact for the condo map approval process, I want to address our plan for recording the condo map after its approval. As we discussed, we will obtain all required signatures other than City of Aspen officials and deliver the mylar map to you after all the other signatures are obtained. I understand that you will then obtain signatures from City of Aspen officials and deliver the fully signed condo map to the Clerk and Recorder for recording. We anticipate that our first closings will occur promptly after the recording so it is critical that the recording be coordinate with and the recording information provided to our title insurance closer, Sandy Sidur-Johnson of First National Title Residential, LLC. I have copied Sandy's contact information below and asked her to contact you directly to coordinate as noted above. Sandy — Drew's direct line is 970-429-2739. Drew — please let me know if I have misunderstood anything and thanks again for your assistance. Les Sandy Sidur - Johnson Commercial Title Officer First National Title Residential, LLC 999 18th Street, #805 North Tower Denver, CO 80202 Ph: 303-764-9520 Fx: 303-531-2180 ssidur@fnt-res.com From: Drew Alexander[maiIto:Drew.Alexander@ci.aspen.co.us] Sent: Wednesday, November 12, 2008 9:25 AM To: Cate Love Cc: lesroos@comcast.net Subject: Edits to the Monarch on the Park Condo Plat Hi Cate, Just wanted to send you an email of all the changes that we talked about yesterday: 1.) Amending the description of Condominium Map of Monarch on the Park to say Condominium Plat of " 2.) Adjusting the vicinity map to a different scale so that it reads more clearly (1" = 1000'?) 3.) Change "City Community Development Engineer" to "City Engineer" 4.) Add graphic scale bars to all sheets that currently don't have them 5.) Add measurement to southeast wall on Sheet 5 of unit PS-3. I think that was everything. Again, I think we should wait for the Mylar until we hear back from engineering. If you have any questions, let me know. Thanks! PROJECT: Name: Location: Parcel I D # kPPLICANT: * Cew d_tce a 6) A)0 o%, AI© • 5 26 � 50 C'w�j ATTACHMENT 2 —LAND USE APPLICATION " moyw& (Indicate street lot & descripti Name: Al A4 -e h �c �Q.u,K� L4 C. ©/6 2he�ta Q ago a-elulce p� Address: 1201 6 cdaS¢y ctp �/p. I O CA 8'0 Phone #: 3 — 9 REPRESENTATIVE: Name: 6",, cl.j ct k 8 I Address: �� [ at ,K' Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Special Review ❑ Subdivision ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, condominiumization) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Residential Design Variance ❑ Lot Line Adjustment n Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion Other: 0&4Add)h I N 1u14t r v►aq (A GtJ l N, C 1 X PROPOSAL: (description of proposed buildings, uses, modifications, etc. Cyrc0.kGn0 L .i��tt�,c Six (�x.I�J t�,�xf/n CAU}, t_ Gt✓L�� Cl�hf��/rVU�lll ls+, QJi.(l Gi'• H you attached the following? FEES DUE: $ 13 5 c` e-Application Conference Summary ttachment #1, Signed Fee Agreement Response to Attachment 43, Dimensional Requirements Form Response to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards ��p 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 4 G. "�ECEI QED r �JV ()4 2008 C pC'TY OF MM�N/TY pE FL p M N T November 3, 2008 By Electronic Mail (drew.alexander(a),ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: Les Roos lesroos comcast.net 720-379-6742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In accordance with the Pre -Application Conference summary, this letter authorizes Gerald M, Biehl, President of General Management Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite Redevelopment, LLC's representative for the Common Development Review Procedures pertaining to the approval of the condominiumization of Monarch on the Park. Mr. Biehl's contact information is as follows: Gerald M. Biehl General Management Company 1201 Galapago Street, No. 101 Denver, Colorado 80204 (303) 592- 9112 (office) (720) 254-5086 (mobile) jerry@gmco.org Sincerely, Les Roos Read and Approved: Limelite Redevelopment LLC, a Colorado limited liability company, By: General Management Services, Inc., a Colorado corporation, Manager B `ZL-Z--(2 Gerald M. i hl, President Date: /l3l Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 0 0 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and kI M e- /! %t �g L L C. (hereinafter APPLICANT) AGREE AS FOLLOWS: I. APPLIC T has submitted to CITY an application for CtMc�OM/NlaU 2aA- _-- (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 parties 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 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 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 app ' ation completeness, APPLICANT shall pay an initial deposit in the amount of $ 23-5,00 which is for r 1Y, 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 he issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT evY �� J(' By Date: / 4 O (�-- Billing Address and Telephone Number: 1201 GdJa r4a rw Si U..t- A,'a 10 � a o 0 0 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Monarch On The Park Applicant: _ Limelight Redevelopment LLC Location: 405 S. Monarch Street Zone District: Lodge Zone District with a PUD Overlay Lot Size: 26,916 sf Lot Area: 26,916 sf (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. -NIA Proposed: NIA Number of residential units: Existing: _NIA Proposed: Initially 6; 14 when all units created Number of bedrooms: Existing. - NIA Proposed: Initially 23; 48 when all units created Proposed % of demolition (Historic properties only):_N/A DIMENSIONS: (See note below re: Allowables) Floor Area: Existing. --NIA Principal bldg. height: Existing. --NIA Access. bldg. height: Existing: —NIA On -Site parking: Existing: NIA % Site coverage: Existing: —NIA % Open Space: Existing: _NIA Front Setback: Existing: _NIA Rear Setback: Existing: —NIA Combined F/R: Existing: _NIA Side Setback: Existing: _NIA Side Setback: Existing: _NIA Combined Sides: Existing: —NIA Allowable:2.43:1 FAR Proposed.•55,661 FA(see note) Allowable: _42' * Proposed.•41.83' -Allowable.--NIA Proposed. --NIA Required: 2 per unit _Proposed: 2 per unit_ Required: 77% max. _Proposed.•_77% Required: _NIA Proposed. --NIA Required. _0' Required: 0' Required.-0' Required: 0' Required: 0' Proposed: _0' _Proposed: _0' -Proposed.-_0' Proposed: _0' Proposed: 0' Required.-0' Proposed: 0' Distance Between Existing _NIA Required. -NIA Proposed: _NIA Buildings * 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at 2/6/06 City Concil Meeting on Ordinace 1/2006. Existing non -conformities or encroachments: —N/A Variations requested: N/A Note: "Allowable" information is per Ordinance #1, Series of 2006, approving Limelight Lodge Final PUD. Note: Floor area quantity not specifed in Ord. 1 /2006, only FAR. Gross Bldg. Area is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf. this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR. • November 3, 2008 By Electronic Mail (drew.alexander(-,ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: Les Roos lesroos .comcast.net 720-379.6742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. This real property is known by street address as 228 East Cooper Avenue, Aspen, Colorado is legally described as follows: South Parcel, Limelight Subdivision/Planned Unit Development, as shown on the plat recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado. The property is encumbered by the following: 1. Taxes and assessments for the year 2008 and subsequent years, a lien not yet due and payable. 2. Exceptions and Reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216. 3. Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847. 4. Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848. 5. Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526850. • 6. Notes, easements, rights of way, restrictions, and other matters or conditions as shown and set forth on the Condominium Map for Monarch on the Park Condominium recorded , 2008, as Reception No. . (To be recorded after approval) As fee simple owner, Limelite Redevelopment LLC has full right and authority to execute and submit all documents necessary or appropriate in conjunction with the Common Development Review Procedures pertaining to the approval of the condominiumization of Monarch on the Park. This submittal is in accordance with the procedures and requirements of t Ordinance No. I (Series 2006) and the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development, which documents are more particularly identified in paragraphs 3 and 4 above. As further evidence of the ownership rights of Limelite Redevelopment LLC to the real property described above, along with the copy of this letter emailed to you I have attached a copy of the recorded deed conveying the real property to Limelite Redevelopment LLC and a copy of the title commitment issued by Stewart Title Guaranty Company for the loan for construction of Monarch on the Park, both confirming title to the real property in Limelite Redevelopment LLC. Sincerely Les Roos cc: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 0 0 Les Roos lesroos(a)comcast. net 720-379.6742 November 3, 2008 By Electronic Mail (drew.alexander(a ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In particular, this letter addresses paragraph 10 of the City of Aspen Pre -Application Conference Summary by providing a written description of the proposal and a written explanation of how the initial condominium map providing for creation of six of the 14 condominium units to be created in Monarch on the Park complies with the review standards relevant to the development application. The review standards relevant to the Monarch on the Park are specified in Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847 in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's office for Pitkin County, Colorado. Paragraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development provides as follows: Condominiumization of Project; Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the Drew Alexander • November 3, 2008 Page 2 City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. In furtherance of this requirement and in accordance with the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park, which will be recorded in the Clerk and Recorder's office for Pitkin County, Colorado and a copy of which accompanies the electronic copy of this letter, the Condominium Map establishes the initial six condominium units in Monarch on the Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City, were based on 14 condominium units. Although all 14 units are approaching completion, only these initial six units are ready for issuance of certificates of occupancy. As the remainder of the units are completed, Limelite Redevelopment LLC will file amendments to the Declaration of Covenants, Conditions and Restrictions and supplements to the Map creating and incorporating these units. For your information, I have also attached copies of the Articles of Incorporation, Articles of Amendment, and Bylaws for Monarch on the Park Condominium Owners Association, a Colorado nonprofit corporation, the members of which are owners of the condominium units, and a Good Standing Certificate for Monarch on the Park Condominium Owners Association issued by the Colorado Secretary of State. Please let me know if you need any additional information. Thank you again for your cooperation. Sincerely, Les Roos cc: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 C^ASPEN HRETT PAID OAlu FtP NO. N1711o't �? 0 6 Upon recording return to: Les Roos Cage Williams Abelman & Layden, P.C. St. Elmo Building 1433 17th Street Denver, CO 80202 CITY OF ASON WRETf PAID DA REP NO. 115.7T l,z a s 0-:0»6 6 General Warranty Deed This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado corporation ("Grantor"), and Limelite Redevelopment LLC, a Colorado limited liability company ("Grantee"). WITNESSETH, that Grantor, for and in consideration of Ten and /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, situate, lying and being in Pitkin County, Colorado described as follows: Lots A and B, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado and Lots C, D, E, F, G, H and I, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anyway appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments, easements, rights of way and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except real property taxes and assessments for the calendar year 2005 and subsequent years a lien not yet due and payable, reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trust securing a promissory note in the original principal amount of Eight Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 U.S. Dollars ($8,332,500) payable to the order of Wells Fargo Bank, National Association. C N N 5O6424 Page: i of 2 01/27/2005 02:55 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 1500.00 1:\L\L-0623\002\Docs\LimeliteSatRDeed01.13.05. doc The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the date set forth below. GRANTOR: Limelite, Inc., a Colorado corporation By: _;�� Z-5 �'-z xee'� TAU�e Paas, President STATE OF COLORADO ) ) ss. COUNTY OF � ) The foregoing instrument was acknowledged before me this Z3 day of January 2005, by Leroy Dale Paas, as President of Limelite, Inc., a Colorado corporation, Grantor. My cQmiTyssion expires: [SEAL] my l_ V ROXANNE DENISE PAIJUDES 06t1?flOOd 506424 010/27/2005 02:55 1 1 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 1500.00 1.\L\L-0623\002\Docs\LimelitesoinhDeed01,13.05.doc 0 • OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Monarch on the Park Condominium Owners Association is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081565807. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/23/2008 that have been posted, and by documents delivered to this office electronically through 10/27/2008 @ 19:56:48. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @ 19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7213292. jelk a-00�� Secretary of State of the State of Colorado **************************************«******End of Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and e,(Iective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, http. it wir.sos.stale. co. us, bi: ( ertificateSearch('ritertu do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. CM rming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, hup wit 11 sos state co. us click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 0812012008 Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Coloradoocretary of State Date and Time: 10/27/2008 11:55 AM ID Number: 20081565807 $50.00 Document number: 20081565807 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporatiion for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the nonprofit corporation is Monarch on the Park Condominium Association (Galion: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the nonprofit corporation's initial principal office is Street address 1201 Galapago Street Suite 101 Denver (Street number and name) (City) (Province - if applicable) ,$COe� 80204 Unit States IPIPostal Code) (Country) Mailing address ( leave blank i l' same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province - if applicable) (Country) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent are Name (if an individual) Roos Les (Last) (First) (Middle) (Suffix) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address 500 Golden Eagle Drive (Street number and name) Broomfield Co 80020 (City) (State) (ZIP Code) ARTINC_NPC Page I of 3 Rev. 02/28/2008 �J • Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) Co (State) ('The following statement is adopted by marking the box.) ✓❑ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) RODS Les (Last) (First) OR (if an entity) (Caution: Do not provide both an individual and an entity name) Mailing address 500 Golden Eagle Drive (ZIP Code) (Middle) (Suf -) (Street number and name or Post Office Box information) Broomfield (City) CO 80020 Un(ed)States (ZIP/Postal code) (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. (If the following statement applies, adopt the statement by marking the box.) ❑✓ The nonprofit corporation will have voting members. 6. ('The following statement is adopted by marking the box.) ❑✓ Provisions regarding the distribution of assets on dissolution are included in an attachment. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑✓ This document contains additional information as provided by law. 8. (Caudon: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date) (If the following statement applies, adopt the statement by entering a date arid, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTINC_NPC Page 2 of 3 Rev. 02/28/2008 0 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Roos Les (Last) (First) (Middle) (suffix) 500 Golden Eagle Drive (Street number and name or Post Office Box information) Broomfield (City) (Province — if applicable) CO 80020 (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC NPC Page 3 of 3 Rev. 02/28/2008 Click the following links to view attachments Attachment 1 Articles of incorporation Attachment • Colorado0ecretary of State Date and Time: 10/27/2008 07:53 PM Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ID Number: 20081565807 Document number: 20081567508 Amount Paid: $25.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-130-105 of the Colorado Revised Statutes (C.R.S.) ID number 1. Entity name 2. New Entity name (if applicable) 20081565807 Monarch on the Park Condominium Association (If changing the name of the corporation, indicate name BEFORE the name change) Monarch on the Park Condominium Owners Association 3. (lf the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ Other amendments are attached. 4. If the nonprofit corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires (mm/dd,yv"y) OR If the nonprofit corporation's period of duration as amended is perpetual, mark this box ❑✓ 5. (Optional) Delayed effective date (mm/dd/yyyy) 6. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Rev. 11/15/2005 1 of 2 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Roos Les (Last) (First) (Middle) (Suffix) 500 Golden Eagle Drive (Street name and number or Post Office Box information) Broomfield CO 80020 (City) (State) (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for f ling, mark this box ❑ and include an attachment stating the name and address ofsuch individuals) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. Rev. 1 l / 15/2005 2 of 2 AUG, 28. 2006 9:50AM IKIN COUNTY TITLE 0 NO. 3914 F. 2 ORDINANCE NO.1 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LIMELIGHT LODGE FINAL PLANNED UNTr DEVELOMENT AND ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS AND 15 RESIDENTIAL DWELLING UNITS ON THE LIMELTTE LODGE, DEEP POWDER LODGE, AND SNOWFLAKE INN PRopERTM, DESCRIBED AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-1 AND LOTS O-S, BLOCK 76, CI'I"Y AND TOWNSITE OF ASPEN, AND LOTS A-1, BLOCK 77, CITY OF ASPEN, PITKIN COUNTY, COLOR.ADO. Parcel Naa 2737-182-19-001 Parcel No. 2737-131-OS-001 Parcel Na. 2737-182-18-001 Parcel No. 2 73 7.0 73 -42. 001 WHEREAS, the Community Development Department received an application from Limelite Ine. and Limelite Redevelopment LLC, owners, represented by Steve Szymandd, requesting approval of a Final Planned Unit Development, Partial Alley Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential Design Standards Variances, Commemial Design Standard Variances, and Growth Management Review, to construct 125 Iodge units and seventeen (17) free market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lois A-1, BIock 77, City and Townsite of Aspen; and, WHEREAS, the subject properties contain approximately 64,000 total square fleet and are located in the Lodge Zone District; and, WHEREAS, the Cm=unity Development Director has determined in consultation with the Applicants that it would be appropriate for the review of all of the land use requests associated with the final PUD application to be combinod with the review of the final PUD application to ensure clarity in the final decision pursuant to Land Use Code Section 26.304.060(BX1), Combined reviews; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Development, the City Council may approve, approve with conditions, or deny a Final Planned Unit Development request during a duly noticed public heating aver taking and considering comments from the general public, and recommendations froar the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing orr ,December 6, 2005, the Planning and Zoning Commission continued the review of the proposal to December 13, 2005; and, INN 526847 page: 1 of 11 7/ 'M J1WICK K V05 CrWILL PITKIN COUNTY CO R 56.00 �'1:52 UN • AUG.28.2006 9:51AM PITKIN COUNTY TITLE NO, 3914 P. 3 WHEREAS, during a duly noticed public hearing on December 13, 2005, the Planning and Zoning Conunission approved Resolution No. 38, Series of 2005, by a five to zero (5-0) vote, recommending that City Council Approve with conditions, the limelight Lodge final PUD and associated land use actions to construct an incentive lodge consisting of 125 lodge units and seventeen (17) free market residential units. and, WHEREAS, during a' duly noticed public hearing on January 23, 2006, the Aspen City Council continued the review of the application to February 6'4; and, WHEREAS, the Applicants submitted a revised proposal containing 125 lodge units and fifteen (1S) free-market residential units; and, WHEREAS, during a continued public hearing on February 6, 2006, the Aspen City Council approved Ordinance No. 1, Series of 2006, by a four to one (4-1) vote, approving with conditions, the Limelight Lodge final PUD and associated land use actions to eonshuot an incentive Iodge consisting of 125 lodge units and fifteen (15) free-market residential units; arid, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the reoommGndation of the Planning and Zoning Commission, the Community Development Director, the applicable referral ' agencies, And has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan, and, WHEREAS, the City Council fords that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE 1T OADAJNED BY THE CITY comm OF THE crff OF ASPEN, COLORADO THAT; Section 1 Pursuant to the procedures sad standards set forth in Title 26 of the Aspen Municipal Code, the .Aspen City Council hereby approves the Limelight Lodge Final PUD application, partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain View Plane Review, Commercial Design Standard 'Variances, and Growth Management Review to construct 125 lodge units and fifteen (15) fl-ee market residential dwelling units on the properties described as the easternmost 10 feet of Lot C, Lots D-1 and Lots O-S, Block 76, of the City and Towasite of Aspect and Lots A-) Block 77, City and Townsite of Aspen, subject to the conditions cnatained herein. 6226847 Poem: 2 of 12 (MICE K VOG CAUDILL PITKIN COUNTY Co q 56.ee 7�z6/D 0eee4 csz AUG- 28. 2006 9:51AM *TKIN COUNTY TITLE • 10. 3914 P. 4 &4taion 2: Rezoning to incl tie a PUD Overlay Pursuant to the procedures and standards set forth in City of Aspen I -and Use Code Section 26.310, Amendments to the Land Use Code and official Zone District Map, City Council hereby rezones the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn properties to include a PUD overlay. %eetion 3; Sxbdivision/PUJ) Plat and Agreement The Applicants shall record a subdivision apeenment that meets the requircmcros .of Land Use Code Section 26,480 within 180 days of approval. Additionally, a final Subdivision,TUD Plan shall be recorded in the Piddn County Clerk and Recorder's Office within 180 days of the final approval and shall include the following: a. A final plat meeting the requirements of the City Engineer and showing; easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. C. A drawing representing the project's architectural. character. d. A final grading and drainage plan. C. A final utility plan. Section4: Building Pernit Agplicatioil The building permit application &.hall include the following: a, A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set, C. A completed tap permit for service with the Aspect Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for offsite replacement or mitigation of any removed trees. The tree removal permit application sbalI be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sodiment and debris on -site during and after construction- If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5- year storm fregnency should be used in designing any drainage improvements, f. A final construction management plan pursuant to the requirements described in Section 6 of this ordinance. 11 526847 Film page: 8 of it 07/ J R Z8/ gNicE N Y05 C�NIDILL PITKrIS COUNIY CO R 7008 13,E Wee n 0.00 AUG. 26- 2006 9, 52AM PKIN COUNTY TITLE • N0, 3914 P. 5 g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed Engineer, Section : RWLe2ftij Requireigeab The dimensional requirements established in this PUD are as follows: Dimensional PUD Dimensional t uirement Re giremeats Minimum Lot Size 6.000 SF Minimum Lot Width 60 Fcet Minirtu nt Front Yard 0 Feet Setback Minimum Side Yard 0 Feet Setback Mimmum Rear Yard 0 Feet Setback Maximum Heiglit Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accem elements, elevators, meebanical enclosures, etc.* Per Roof Height Plan Presented at 216/06 City Council Meeting Residential: 42 Feet, measured &ern existing grade and 46 feet for elevator head enclosures, fireplace flues, and vent tetu&ations.* Per Roof Height Plan Presented at 2t6/06 City Cauneil Me ', Minimum Percent Open 7r/o Maximum Site Coverage Space Allowable External 2AI I FAIL Minimum Off -Street A Parldng Spaces per Lodge Unit parking 2 Parkmg Spaces per Residential Chit Secdon _6; Constr eft m4neeemeat A construction management plan shall be submitted with the building permit application that meets the requirements of the current "Components of a Construction Management Plan' handout that is available in the City of AspeA Building Department. The construction management plan shall include at a miniruwn, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction -related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring developments under construefion to limit the impacts of construction. This 525847 07/26/2005 11:52 MICE K V05 C 01L.L PMIN COUNTY GO R 56.00 D 0.00 AUG.28.2006 9:52AM 1ITKIN COUNTY TITLE NO. 3914 P. 6 agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plaza, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the emission requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as -needed cleaning of 4aeent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes. The Applicants shall not be allowed to close Monarch Street during construction except when doing utility work in Monarch Street and constructing corner bulb -outs. The Applicants shall coordinate with the Roaring Fork Transit Agency (RFTA) and the City to schedule a closure of Monarch Street, Street closures concurrent with significant public events in Wagner Park shall be avoided to the greatest extent possible. Street closures of South Monarch Street and East Cooper Avenue shall be adrWrdstered by the City of Aspen Building Department subject to obtaining temporary encroachment licenses, The Applicants shall -also provide phone contact information for on -site project Management to address construction impacts to: The City of Aspen, the 210 E. Cooper Condominiums, the park Central Condominiums, the Park Central West Condominiums, and the Towne Place of Aspen Condominiums. Sgetton 7: Pm-Coaomp tiob Meetigg The Applicants shall conduct a pre -construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, the Community Development Engineer, a representative of the City Building Department, and the Community Development Department's case planner. ssction 11; Ft" Mitigation The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in both the residential and lodge developments. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler Systcln. The Applicants' design team shall meet with the Fire Marshall to formulate a plan for fighting fires in the below-gmde parking garage structures prior to building permit submittal. 526947 Paps: 5 of ti II 07"A/28H 11:52 JANICE K V02 CAWILL PITKIN COUNTY CD R W N 0 0.00 AUG-28.2006 9:52AM PITKIN COUNTY TITLE 0 NO. 3914 P. 7 S4tlon 9: WA& ftg meht Requillments The Applicants shall cotuply with the City of Aspen Water System Standards, with Title 23, and with the applicable standards of Title 8 (Water Consmvation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter but the Applicants will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. $ff,"o4 10: ASPSR Consolidaied Sanitation pi,Ltrict Regulmgmts The Applicants shall comply with the Aspen Consolidated Sanitation District's roles and regulations. No clear water connections (roof; Foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages, In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the plain sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of-way above ACSD main sewer lines, The Applicants shall enter into a shared service lime agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. SRctlon 11: Sewer Line Relocation The Applicants shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. Rction 12, Traasformer Relocation The Applicants shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation, The Applicants shall dedicate an easement to allow for City Utility personnel to access the relocated transformer for maintenance purposes. Seetfion 13: Deliveries In Block 76 Allev There shall be no deliveries to the extent retraining Block 76 alleyway. practical to the Limelight Lodge via the 5poi n 14: Lodge Employee Audit An employee audit on the lodge component and residential component of the development shall be conducted after two full fiscal years from the date of issuance of the certificate of occupancy to verify that only 401~ 1'Es are needed to operate the new lodge, pursuant to the following terms: a. The Applicants shall provide an up-to-date report on the current employees at the time of final plat. b. The Applicants shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. I 526847 !+ 1p Pago; a of II 07/ Z5/20oB 11,52 JRNICE K VOS CRUDIt_L PIT911v cgUIM CO R 58.00 0 oleo AUG. 28. 2006 9:53AM IPTKIN COUNTY TITLE • N0. 3914 P. 8 c. The Applicants shall be fully responsible for all fees associated with retaining an auditor. d. The audit shall occur after two full fiscal years of operation. Should the housing audit referenced above indicate that the new Iamelight Lodge is employing more than the forty (40) full-time employees (the Lirnelite Lodge, Deep Powder Lodge, and Snowflake lire to be demolished had 42 full-time employees after consolidating ownership of the properties, of which 2 FTEs shall be credited to the free. market residential component in order to lower its employee housing mitigation requirement to 3.36 1-bedroom affordable housing units or cash -in -lieu thereof) that are anticipated to operate the new lodge, the Applicants shall return to the Housing Authority under the following terrors: a. The Applicants shall provide deed restricted, affordable housing or cash -in -lieu thereof to mitigate for 309A of the additional employees above 40 full -tune employees. b- The Applicants shall abide by the Aspen/PiWn County Affordable Housing Guidelines in effect at the time of the audit. C. The term employee shall include all full-time payroll and non -payroll employees generated by the application. d. Bmployce housing units or cash -in -lieu thereof equal to 3.36 1-bedroom units shall be provided prior to requesting a final building inspection on any of the residential or lodge units within the project. Section 151 Deep Puw4tr Relocation The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Applicants. Section 16- LUdKRw: � The Applicants shall submit a detailed landscaping plan as part of the building permit application. This landscaping plan shall include a plan for right-of-way landscaping and irrigation without trenching under the roots of flees to be preservcd to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public stnaets of at least five (5) Beet in width. Appropriate street tree plantings are rcglrirod along all streets adjacent to the property. The Applicants shall preserve the existing Cottonwood tree located on the comer of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PLM application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Applicants shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: 526847 Pas.: 7 of 11 111111111111 07/2612@06 W OZ JMICE K V05 CAUDILL PITKIN COUNTY 00 R 55.00 D 0.00 AUG,28.2006 9:53AM q11KIN COUNTY TITLE • NO. 3914 P. 9 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Applicants shall also remove the three (3) covifens located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Averum A 2-year maintenance bond &hail be secured by the Applicants for any trees to be preserved in which there will be -planned excavation within or adjacent to their driplines. Section 17: Pidgibia Amenity The Applicants are proposing to provide pedestrian amenity for 1% (approximately 550 square feet) of lot square footage. The Applicants shall pay a cash -in -lieu fee of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided-- $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance. s 1.8: EM-10 mxmtion The Applicants shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per unit aW require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide Ew RFTA bus passes to employees that live outside the City of Aspen. C. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. .Wden 19;, Corner Bulb -Outs The corner bulb -outs shall contain tapered curb lines of 15 degrees leading into the corner bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for snow plowing purposes. Additionally, a street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street where the comer bulb -outs are proposed. Sec ?,Q3 Rirbt_a -W'V !MPME E The Applim* dill reconwuct E Cooper Avenue between South Aspen Street and South Monarch Street and split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast corner of S. Aspen Street and E, Hyman Avenue, the Applicants shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reevnsiruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements sot forth in this section shall be made prior to issuance of a ow ificate of occupancy on any part of the development. 11 526947 Page; iZMof i1,s2 JANICE K VOS MWILL PITKIN COUNTY CO R 56.00 J 0." AUG.28. 2006 9:54AM kKIN COUNTY TITLE • N0.3914 P. 10 S-prtion 21: Sid= tk. Curb, and utter Sidewalk, curb, mad gutter meeting the City Engft='s design requirmwnts shall be constructed in the right-of-way adjacent to all of the property subject to this develapmment prior to issuance of a certificate of occupancy on any portion of the development, On Cooper Avenue between South Aspen Street and Monarch Street all cub and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. The north -facing curbs shall be heated. 'on 22: Park Develo went Jumact F 'ark Development Amid , gsE shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to tho subject properties pursuaw to Land Use Code Section 26.610, Park Development Impact Fees, The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Off m using the fee schedule in place at the time of building permit application. Section 23: School Land Dedication Fees School Land Dedication F $hall be assessed on the proposal at the time of building Permit issuance pursuant to Land Use Code Section 26,630, School Lands Dedication, because subdivision approval is required for the development of the multi -family, residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Uffim using the fee schedule in place at the time of building permit application. Section 24: Exteria 1AEbtin All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Seclioa.21-, Wildfift Trash Contaiuers The Applicants shall install a wildlife -proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Applicants shall install a trash compacter for use of the lodge building to limit solid waste pick-ups in the alleyway of Block 76. S dos : LqW,Sgrvl_tx Facilitim Food service Ply meemg the requirements of the City of Aspen Envit+aflmeutal Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License, Section 27• Pool gad Soas All design, installation, and maintenance of the pool and spa "I comply with. the Colorado Department of Health's "Swimming Pool and Mineral Bath Regulations". The Aspen Consolidated Sanitation District shall review and approve the drain size for the swimming pool facility prior to irwWlatiom 526847 Paps; 9 of 21 JANI e7/Z8 C2 K Vbg CFlW7tl Pr1'KIN co Y CO IWT/� 13.3a a ss.ee 0 e.e0 AUG. 28.2006 9:54AM PI N COUNTY TITLE • NO.3914 P. 11 SWUM ?A: DtyelgAUMt Tienn The Applicants shall obtain a certificate of occupancy on all the lodge component of the development prior to obtaining a certificate of occupancy on any of ft residential units within the development. seft-n- 22, AM Vacation The eastern 150 feet of the alleyway locatod in Block 76 of the City and Townsite of Aspen is hereby vacated subject to the following requirements: a Ownership and title to the lands so vacated shall vest as provided in and by Section. 43-2-302 of the Colorado Revised Statutes. b. The City Clerk is hereby directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the Min County Clerk and Recorder. C. The City Engineer is hereby directed, upon adoption of this ordinance, to make all corrections necessary to the p ORI Map of the City of Aspen. d. The alley vacation is approved based on the finding that the vacation will not leave any a4ioining lands without a means of access over an established public right-of-way connecting such lands to an established public street. C. An allay vacation plat shall be filed and recorded at the PiMa County Clerk and ,Recorder's office in association with recording the final subdivision plat and PUD plans. Sects-�-- on 30' This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. coon 31 If any section, subsection, santence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 • All material representations and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Preservation C=Mission, Platming and Zoning Commission,. or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 1J��pR 5�s w Jfi1FCE !f V ofx1pil 5pails: 847 as cAw to c r i!L PtTKSN a4UMiY�g 7/ZBJ29A6 0 0,00 0 AUG.28.2006 9:55AM PITKIN COUNTY TITLE • NO. 3914 P. 12 tion 33: A public hearing on the ordinance was held on the 23rd day of January, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 6t' day of February, 2006. zNGRODUCED, RXAD AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of January, 2006, 7 elen >< derud, Mayor Attest, r FINALLY, adopted, Passed and approved by a vote of four to one (4-I), this 6t' day of February, 2006. elen tin attdeMd, Mayor Attest: 102/fry „ DAI Approved as to forms 526847 + pogo: I of 13 I 1 N! ll �I I e7i2ei JANICE K V05 CAWILI PITKIN COUNTY c0 � � 00 0.ee 821 n P, orcos r, City Attorney 526848 0 IIIII) IIII I I II IIII 11IIII IIII IIIIIII III IIIII IIII IIII 0Page: I of 24 7/26/2006 11 : 531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT THIS SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT (the "Agreement") is made and entered into this,2L day of 2006, by and among THE CITY OF ASPEN, COLORADO, a Colorado muni ipal orporation (the "City") and LIMELITE REDEVELOPMENT, LLC, a Colorado limited liability company and LIMELITE, INC., a Colorado corporation (collectively, the "Owner"). WITNESSETH: WHEREAS, Owner has submitted to City for approval, execution and recording final PUD plans, as the same are defined and described below, for a real estate project within Aspen, Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project"); and WHEREAS, City has fully considered the Final PUD Plans, the proposed development and improvement of the Project, and approved the project with conditions pursuant to Ordinance No. 1, Series of 2006; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final PUD Plans, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perfoim the conditions and requirements imposed by City in approving the Final PUD Plans; and WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that required public and common private improvements are installed, and Owiler is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: A. ZONING AND REGULATORY APPROVALS. Pursuant to Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 and recorded as Reception No,�6$,4{-7 - in the office of the Clerk and Recorder of Pitkin County, Colorado (the "Ordinance"), the City approved all final land use approvals and granted a development order for a site specific development plan for the Project subject to a vested property right. The land use approvals granted by the Ordinance included final Planned United Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD I:11-11,-06231002TUD Applicalion\FinalLirnelight subdivision PUD AErcementO7.05.06.doe IIIIIIIIIIII III III III I IIIIIIIIillllllllilllllllill 5268480 Page:20f24 0//6/06 11 .53i II JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 0 0.00 Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances, and Growth Management Review, to construct one hundred twenty five (125) lodge units and fifteen (15) free market residential dwelling units, all subject to conditions of approval. B. PROJECT DESCRIPTION. The Project shall entail the redevelopment of land south of East Hyman Avenue, on the north and south sides of East Cooper Avenue, to the West of Monarch Street and to the east of Aspen Street, into a new lodge, free-market residential condominium units, and underground parking (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed dimensional requirements shall be as follows: Dimensional PUD Dimensional Requirement Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front Yard 0 Feet Setback Minimum Side Yard 0 Feet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc.* Per Roof Height Plan Presented at 2/6/06 City Council Meeting, Residential: 42 Feet, measured from existing grade and 46 feet for elevator head enclosures, fireplace flues, and vent terminations.' Per Roof Height Plan Presented at 2/6/06 City Council Meeting. Minimum Percent Open 77% Maximum Site Coverage Space Allowable External 2.43:1 FAR Minimum Off -Street .4 Parking Spaces per Lodge Unit Parking 2 Parking Spaces per Residential Unit 7 1AL\L-06251002\PUD ApplicationWinalLinxlishi Subdivision PUD Apr"nxnt07.05.06.doc 52684t 111111Page: 3 of 24 oil111111111111111111111111111111111 07 /26/2006 1 1 . JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 531 C. PROJECT IMPROVEMENTS & GOVERNING DOCUMENTS. 1. Owner is required to install and construct specific physical improvements ("Improvements") as part of the Project in accordance with and pursuant to those final PUD development plans (the "Final PUD Plans") that have been submitted by Owner to City, which Final PUD Plans have been recorded at Reception No. �_�O in the Pitkin County real estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Final PUD Plans consist of: (a) The Final Subdivision Plat, the sheets of which set forth dedications, legal descriptions, vacations, project boundaries, and partial vacation of an alley, among other things. (b) An Illustrative Site Plan, the sheets of which graphically depict the Project and its various components; (c) An Architectural Character Plan, the sheets of which depict the architectural composition of the structures to be constructed as part of the Project; (d) A Grading/Drainage Plan, the sheets of which depict all grading and drainage system improvements within the Project; (f) A Utility Plan, the sheets of which shall depict the water, sewer, gas, electrical, cable, telephone and all other utilities and utility systems serving the Project; and (g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen. 2. A construction schedule (the "Limelight Construction Activity and Traffic Management Plan) related to construction and installation of the improvements set forth in the above -described Final PUD Plans will be provided by Owner's general contractor for the Project, R. A. Nelson & Associates. 3. Owner agrees to complete the landscaping and irrigation for the Project in accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building permit application in accordance with Section 16 of the Ordinance, in as logical a sequence as possible in relation to the completion of the Project improvements. Owner and its successors and assigns shall thereafter be responsible for the maintenance of the Project landscaping. D. FINANCIAL GUARANTEE. In order to guarantee installation of the landscaping improvements described in the Landscape Plan identified in Section C (3) above ("Landscaping Improvements") and maintenance and replacement of the same for a period of one (1) year after installation, Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its construction loan for the purpose of insuring maintenance of the Landscaping Improvements, or other security or financial institution confirmation of I:\LU.-0623W02\PUD Appllution\FinalLimcliaht Subdivision PUD Alm ment07.05.06.doc adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs of the Landscaping Improvements as estimated by the City of Aspen Parks Department, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills, or to request payment upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work done in regard to thereto by any party. As portions of the Landscaping Improvements are completed, the City of Aspen Parks Department shall inspect these Landscaping Improvements against the approved Final PUD Plans, and upon confirmation that these Landscaping Improvements have been installed in accordance with the Final PUD Plans, he shall authorize reduction in the amount of the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation as documented by invoices through final field inspection reports for that portion of the Landscaping Improvements; provided, however, that such confirmation and reduction shall occur no later than five (5) business days from the date of the City of Aspen Parks Department's final inspection and subsequent issuance of acceptance certificate for the Landscaping Improvements; provided, further, that twenty-five percent (25%) of the estimated cost of the Landscaping Improvements shall be retained until such Landscaping Improvements have been maintained in a satisfactory condition for two (2) years starting from the date of the issuance of the Certificate of Occupancy for the Project, at which time, the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. In order to guarantee that the Owner shall not start excavation and then abandon the project, the Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its construction loan for the purpose of filling in the excavation needed to construct the overall project, or other security or financial institution confirmation of adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs to fill in the excavation needed to construct the overall project as estimated by the City of Aspen Engineering Department, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, a letter from Owner's constriction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the excavation. At the completion of a full foundation on both the lodge and the residential components of the development, and upon confirmation that the foundations have been installed in accordance with the Final PUD Plans by the City Engineer, the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. 526848 Page: 4 24II11111 Hill 111111 oil1111111111111111(1I! Hill 11111111 07/26/2006 .5 11 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 3( 4 1ALNL-0673\D02\PUD ApplicttionWinlLimelight Subdivision PUD Agmement07.05.06.doc 52*4 B �IIII lillll III IIIIII ( + I Page: 5 of 24 I�I II���II III Ill�l18I il�! 07/26/2 06 I 0 11 .531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 E. DEVELOPMENT REOUTREMENTS RESTRICTIONS AND AGREEMENTS. Owner hereby agrees to the conditions of approval as specified in the Ordinance and Owner and City specifically agree as follows: Buildin Permit The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. C. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. f. A final construction management plan. The Owner shall comply to the greatest extent practical with any general construction management requirements that the City adopts before and after building permit issuance. g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed Engineer i. A detailed landscaping plan. This landscaping plan shall include a plan for right-of-way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property. 5 1:\L1L062)%OO21PUD ApplicationVinnlLinvilght Subdivision PUD Agmanent07.05.06.doc 0 I526848 II Page: 6 of 24 IIl!lIII IIIIII !lIIIII IIIlII! IIIIII I !I!lIII IIII 06 JANICE K VOS CAUDILL PIT07/26 KIN COUNTY CO R 121.00 D20 0011:531 The Applicants shall preserve the existing Cottonwood tree located on the corner of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Owner shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: 1. The City Forester or his/her designee must inspect this fence before any construction activities commence. 2. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Owner shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue, A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. 2. Affordable Housing Units. Owner acknowledges that the development of free- market residential condominium units as part of the Project, subjects the Owner to affordable housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority ("APCHA"). Owner acknowledges that the development of 15 free-market residential units as part of an Incentive Lodge Development like the Project would normally obligate the Owner to provide 4.5 affordable housing units. Due to the Owner's generation of employee efficiencies in the project the Owner was granted affordable housing credits offsetting and reducing its affordable housing obligation to 3.36 1-bedroom affordable housing units. Accordingly, the Owner shall remit to the City a cash -in -lieu payment for its affordable housing obligations equal to 2,734,410 and 70/100 Dollars ($2,734,410.70) based on the current cash -in -lieu fee amount. This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy for the Project; however any portion thereof paid after issuance of a building permit for the Project shall be adjusted in accordance with the then current APCHA affordable housing mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the residential component to be mitigated for, multiplied by the single-family residential cash -in -lieu fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended from time to time, multiplied by 74.6% (which is the percentage of 4.5 1-bedroom affordable housing units required to be mitigated for after credit applied from the lodge component of the development)). 3. Employee Housing Units. Owner acknowledges that the addition of approximately 15 lodging rooms to the Project would normally create the need for employee generation mitigation and a related employee mitigation plan with the APCHA. Owner and the City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above 6 IaUL.-06I1tO0ZPUD AppliationWinalLimeligbt Subdivision PUD AgT«ment07.05.06.doc IIIIII � IIIII IIII IIIIII IIII IIIII II II I IIIII I I I I IIII5268410 7 0f24 07//26/2008 11 .5„I JPNICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 eliminate Owner's mitigation obligations for the lodge room component of the development, provided that the Audit (as defined below) reveals that the Project after development does not generate additional employees. 4. Employee and Affordable Housing Audit. Owner will perform an employee audit ("Audit") of the Project within 30 days of the second anniversary of the issuance of a certificate of occupancy for the Lodge. This Audit will compare the number of full-time employees employed at the Project at the time of the Audit against the 42 employees employed at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall include all full-time, payroll and non -payroll employees employed at the Lodge. The Housing Office Operations Manager shall approve Applicant's auditor and the Applicant shall be solely responsible for all fees associated with retaining the auditor. (a) Affordable Housing Mitigation. Should the Audit reveal an increase in employees above the 40 full-time employees that are anticipated to operate the Project, the Owner shall provide deed restricted, affordable housing or a cash -in -lieu payment for the balance of the Owner's affordable housing mitigation obligations. (b) Employee Housing Mitigation. Should the Audit reveal that the number of employees employed at the Project exceeds the 40 full-time employees anticipated to operate the lodge component of the development, the Applicant will deliver a cash -in -lieu payment pursuant to APCHA guidelines in effect on the date of this Agreement, to mitigate its employee housing obligations. 5. Condominiumization of Proiect• Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. 6. Water Department Requirements The Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Owner shall also enter into a water service agreement with the City and complete a conunon service line agreement for the residential units. Each residential unit shall have an individual water meter but the Owner will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building, 7. Aspen Consolidated Sanitation District Requirements The Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections TAL\ .-06MOMPUD Appliwlon\FimlLim light Subdivision PUD Agmc"wnf07.05.D6.dm 0 . (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of-way above ACSD main sewer lines. The Owner shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. 8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. 9. Transformer Relocation The Owner shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Owner shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. 10. Deliveries in Block 76 Alley There shall be no deliveries to the extent practical to the Limelight Lodge via the remaining Block 76 alleyway. 11. Pedestrian Amenity The Owner is providing pedestrian amenity for 1 % (approximately 550 square feet) of lot square footage, The Owner shall pay a cash -in -lieu fee of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance. 12. PM-10 Mitigation The Owner shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. C. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. 13. Width of South Monarch Street A street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street. 14. Sidewalk, Curb, and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right-of-way adjacent to all of the property subject to this development prior to issuance of a certificate of occupancy on any portion of the development. On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. II 11 III �lllli III I�III III Ilil Page: 24 11: sat ilillllllNIIIIIIIIIIi 1111 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 1AL\L-0621\O01\PUD Applic46on\FinalUmelight Subdi+vion PUD Aptemcnt07.05.06,doe 526848• IIIIIIIIII II III Page: 9 of 24 l��li� IIII I���ill I III 07/2 IIII IIII IIII 6/2006 11 .531 JPNICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 15. Park Development impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26,610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 16. School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi -family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 17. Deep Powder Relocation The Owner shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Owner. 18. Wildlife Trash Containers The Owner shall install a wildlife -proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick- ups in the alleyway of Block 76. 19. Temporary Use of Public Rights -of -Way. Owner may temporarily use public rights -of -way as staging areas for construction activities related to the Project in accordance with the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant to a Temporary Construction Encroachment License entered into by the Owner and City. 20. Construction Activities Affecting Access to City of Aspen Facilities. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities and/or rights -of -way owned by City of Aspen shall be governed by the provisions related thereto to be set forth in detail in the Limelight Construction Activity and Traffic Management Plan. 21. Construction Activities Affecting City Streets and Infrastructure. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities, infrastructure and/or rights -of -way owned and controlled by the City shall be governed by the provisions related thereto to be set forth in the Limelight Construction Activity and Traffic Management Plan and any applicable City permits and/or official engineering regulations. 22. Street Closures; Traffic Control. All provisions related to street closures and traffic control operations necessitated by construction of the Project are set forth in more detail in 0 I:U.1L 062)`0021PUD App1iu6on\Fin31Lirm1i1hi Subdivision PUD Ap nwW7.05.06.doe IIIIIIIIIIII III IIIIII IIII IIIIIII III I I I I!I III IIII526848 0 Page: 10 of 24 07/26/2006 11.5 31 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic Management Plan. 23. Restoration of Public Streets. Owner agrees that upon completion of the Project, the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Owner shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. 24. Encroachments Into City Property. It is hereby acknowledged by the parties to this Agreement that as part of the Project, Owner shall construct and install certain improvements that encroach into adjacent public rights -of -way. Specifically, portions of the roofline, the entrance canopies and some balconies of the residential units will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as delineated and depicted on the Architectural Character Plan identified in Section C (1) (C) above. The City agrees to grant to Owner an easement for these encroachments in the form of the Encroachment Easement attached hereto as Exbibit A. 25. As-Buitt Drawings. Owner shall submit as -built drawings for all site improvements constructed by Owner within any City right-of-way to the City within 180 days from the date the last certificate of occupancy is issued by the City related to the Project. Such drawing shall be submitted both in the form of 24"x 36" mylar sheets stamped and sealed by a Colorado professional surveyor (PLS) as well as in electronic form. 26. Development Timing The Owner shall obtain a certificate of occupancy on all of the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. F. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER. In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non- compliance within such reasonable times as the City Council may determine, but not less than thirty (30) days. If City Council determines that the Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or 10 JAM-0621\002WUD AppiicadonVis Urmlighl Subdivision PUD AgrecnvW7.03.06.doc 5268480 I 111111 I111101111111111 Page: 1 1 o f 24 IIIIIII Illilll Jq l NICE K II121 07/ VOS CgUDILL PITKIN COUNTY CO 26/2006 11.531 R 121.00 D 0.00 (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance that is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the requirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. G. GENERAL PROVISIONS. l . The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. it I:u 1-D6231002\PUD Applicstion\FinslLitttelisht Subdivision PUD Agmenrnt07.05.06.doe • 5. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Agreement by all parties thereto, City agrees to approve and execute the Partial Alley Vacation Plat and Subdivision Plat for the Project and any other Final PUD Documents as may be necessary, and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 LIMELITE REDEVELOPMENT, LLC and LIMELITE INC. c/o Limelite Lodge 2228 East Cooper Avenue Aspen, CO 81611 Attention: Dale Paas and Sue Woolery With copies to: Gerald M. Biehl General Management Real Estate 1201 Galapago Street, #101 Denver, CO 80204 Steven Szymanski Szymanski Development Partners, Inc. 2506 West Main Street Littleton, Colorado 80120 Cage Williams Abelman & Layden, P.C. Attention Les J. Roos 1433 17'h Street Denver, CO 80202 24 1111116 IN 0 / 12 / 06 11 :531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 0 0.00 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all 12 U\L. L-0623=2\ftfD Appliuuon\FinslLimeliaht Subdivision PUD AtrtcnvnT07.05.O6.doc Owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) I IIIIII III 526848 rl IIIII� I Page : 13 of 24 1 ! I11I11111 IIIIIIIIIII IIIIIIIIIilll07/26/ II 2006 11.531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 13 u CITY: CITY OF ASPEN, CO a municipal coruwAi 0. 77. J .i ttomey STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this A-t4lay of -Tu IV , 2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the ity of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My Commission Expires: 00 ary Public �R 2 �c� JACKIE �LOTHIAN �c IIIIII III) III I I 526848 Page: 14 of 24 I I IIIIIII III IIIII 07/26/2006 11.531 IIIIIIII JRNICE K VOS CAUDILL PITKIN COUNTY CO R 12I.00 0 0.00 14 I:UL-06231002\PUD ApplitttiosAFin.lLinvIiahl Subdivision PUD AgrccTmnt07.05.06.dot • OWNER: LIMELTTE REDEVELOPMENT LLC, a Colorado limited liability company By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member By: Limelite, Inc., a Coles o orporati General Partner By: / cj Leroy !a1z"Paas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ITr�ay of 2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Gen;ration Ion Investment, LLLP, as Member of Limelite Redevelopment1 LLC, a Colo rad� lif_��ted liability company. ( ) Witness my hand and official seal. •'""•:�/j / Notary Public My Commission Expires: I�`1 1 '00`l �,�.._. By: Parkside Re evelopment LLC, a Colorado limi d liability company, Me O OF C0�' Gerald M. Biehl, Manager STATE OF COLOR -ADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ►� day o , 2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, as embe of Limelite Redevelopment, LLC, a Colorado limited liability company. / Witness my hand and official seal. -C � /f�ct/ Notary Public My Commission Expires 526848 Page: 15 of 24 Nllllllll JRN 07/2 ICE K VQS CgUDILL PITKIN COUNTY CO 8006 11.53( R 121.00 D 0.00 a�TAA 00 OF COO 15 My Comrrtission 0112112009 I:U.LL.-0627\002VUD ApplimionTinalLinxilghi SuMvislon PUD ASmvrwn107.05.06.doc 0 • LIMELITE, INC., a C7corporat' By: Lero ale Paas, President STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) + k qrr The foregoing instrument was acknowledged before me this 1! day of „I _ 2006, by Leroy Dale Paas, as President of Limelite Inc., a Colorado cprpowtion. Witness my hand and official seal. G 1 My Commission Expires: QQ Notary Public t V B`�G�P�QO `4w` g;g C. �- page: : 100 f 114531 ``ff I��l IIIIII ��II I�IIII I JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 16 1AL\L-0623\002\PUD AppliulionVinalLimelighl Subdivislon PUD Agrument07.05.06.doc 0 0 Encroachment Easement ENCROACHMENT EASEMENT THIS ENCROACHMENT EASEMENT is made and entered into effective as of the day of , 2006, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City") and LIMELITE, INC., a Colorado corporation, and LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is 2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite"). WITNESSETH: WHEREAS, Limelite is constructing a mixed -use development within the City known as Limelight Lodge/PUD (the "Project"); and WHEREAS, as part of development of the Project, it is acknowledged by the parties that it shall be necessary for Limelite to construct and install certain improvements on, over and under certain rights -of -way owned, controlled and operated by the City (the "City ROWs"), which City ROWs are shown more fully on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City agrees to allow Limelite to construct and install certain improvements on, over and under the City ROWS (the "Allowed Encroachments") in those locations specifically set forth on Exhibit A, subject to certain conditions; and WHEREAS, the City has the power and authority to grant encroachment easements. NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained, the City and Limelite covenant and agree as follows: 1. Grant of Easement. The City hereby grants Limelite a non-exclusive easement to occupy, maintain and utilize the City ROWs for the Allowed Encroachments, which are generally described as portions of the roofline, entrance canopies, trellises, and an exterior staircase of the residential units that will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as more particularly depicted on Exhibit A, for the purposes described herein. The term of this easement shall commence on the date of the first building permit issued to Limelite in connection with the Project and shall continue and be irrevocable until demolition of the building containing the residential units. This easement shall be subordinate to the right of the City to use the surface area of the City Property for any pre-existing, authorized purposes. Until demolition of the building containing the residential units, the City shall not remove or interfere with the Allowed Encroachments or take any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from the City. IIIIII 11111111111 IN 1111111111111111111111111111111111 07%6s8 0f1Z453i JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 0 2. Use of City ROWs. Limelite shall have the right to occupy, maintain and utilize those areas of the City ROWS shown on Exhibit A for the Allowed Encroachments, which Allowed Encroachments shall consist of surface and overhang building improvements. 3. Maintenance. Limelite shall be responsible for the maintenance and repair of all areas of encroachment upon the City ROWS, together with all improvements constructed therein, which the City, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 4. Permits. Limelite shall obtain from the City all necessary and appropriate permits related to construction and installation of any of the Allowed Encroachments within the City ROWS. 5. Imurarice. At all times during the term hereof, Limelite shall maintain general liability insurance for any loss, claim or damages arising from or connected with Limelite's use of the City ROWS and shall furnish the City with a certificate of insurance evidencing such insurance coverage upon demand. 6. Indemnification. Limelite shall save, defend and hold the City harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of the City ROWS by Limelite, or from any act or omission of any representative, agent, customer and/or employee of Limelite, except for claims that may arise out of, or be occasioned by the negligent or intentional act of any representative, agent or employee of the City, 7. Non -Exclusivity of Easement. Except as otherwise prohibited or agreed to by and between the parties, nothing herein shall be construed so as to prevent the City from granting such additional licenses or property interests in or affecting the City ROWS as it deems necessary, provided, however, such additional licenses or property interests do not impair or materially interfere with the rights and benefits granted to Limelite in this Agreement. 8, Binding EffgctD As§ignment. The conditions set forth herein shall constitute covenants running with the land, and binding upon and inuring to the benefit of Limelite, its successors and assigns, In addition to the assignment rights provided in the foregoing sentence, the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally assigned by Limelite to a mortgage lender. 9. Attorneys' Fees. In any legal action to enforce the provisions of this Agreement, the substantially prevailing party shall be awarded its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 526848 Page: 18 of : 07 / 26 / 2 006 1 1 1 53i JANICE K vOs CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 0 • (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] I IIIIII IIII� II� I 526848 I I I III �II �I I IIi Page: 19 of 24 I I�) IIIIIII III 07 /26/2006 11.531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 C� • CITY OF ASPEN, COLORADO, a a L I .. • OVED AS TO FORM: � eMey y STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2-Plfay of 2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the Cit of Aspen, Colorado, a municipal corporation. Witness my hand and official seal, My Commission Expires: p 10taay Public Wo t 1111111111111111111111111111111111111111111111 526848 IPage: 20 a 24 II lllf 07,26, JANICE K VOS CAUDILL PI IN COUNTY CO 20. 11.531 R 121.00 D 0.00 LNELITE REDEVELOPMENT LLC, a Colorado limited liability company By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member By: Limelite, Inc., a Colora orporatio eneral Partner By: -- Leroy has, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this �r day of 2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation Investment, LLLP, as Member of Limelite Redevelopment, LLC, a Co orado limited liability company. 5�N''SCH��� Witness my hand and official seal. Q'.•'• "fAR}•.�� Notary Public U My Commission Expires: 4% �AUB��G; -c� By: Parkside R evelopment LLC, a olorado limite liability company, Member �q•OF CO�'OQ Gerald M. Blehl, Manager STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) v\ The foregoing instrument was acknowledged before me this day o , 2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, as Mem er of Limelite Redevelopment, LLC, a Colorado limited liability company. Witness my hand and official seal. "_3 !iG \\ Notary Public My Commission ExpiresV,AY�. ��.7 OQ� OTA �9L•. 526848 1E1 II11 07/26/2006{ 11:531 �j, .o0 , . aL .oN00 . tI co 1z1. P JLINICE K VOS CAUDILI PITKIN COUNTY R FOF CO`pP My Commission Expires 01/27/2o09 LIMELITE, INC., a Colo"' olor �oration� By: Leroy D aas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of, 2006, by Leroy Dale Paas, as President of Limelite Inc.,,a-GploradoyorT pWittn. Witness my hand and official seal. 11 Notary Public Q My Commission Expires: tp.VovBL�CJ.Q�g a�,� l` 526848 pFCp If II IIII�I page: /26/2006f 114 07531 IIIII�� I IIIIIIIIIIII 11111111111 III IIII IIIII II JANIGE K V05 CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 owmrr IAA Of. ENCROACHMENT AREAS, NORTH PARCEL A PARCEL OF LAND SITUATED IN BLOCK 76, CITY AND TOWNSITE OF ASPEN, IN SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST AND IN SECTIONS 12 AND 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST, BOTH OF THE SIXTH P.M., COUNTY OF PITKIN, STATE OF COLOARDO M(M1OF1 A1SPd'Ar ST"AT 7SJ0' Row 2420' FOUND Is' ALUWNUM CAP 6LOCx 78 DRoaT. OARRELL CPS CONTROL AT THE AUEY PROXIMATE INTEWSEC17ON Of HOPKTNS AVENUE AND OARMISCH STREET L.S. 128"0 210 E COOPER AVENUE cl: }' COOPER CONDOWNI MS REC. 140MO8 4 „ 3.38 01 ^ ^ IIT1 J ^�� AREA A NOO. S� ROOF OVERHANG v 34.917 54 (1..* OO.B48 oar"* u a � 7.47` a„ CANOPY AND ROOF O ANC CC..b 5.50' i A'Yt 50'I9" 61.50' '1 u00• SCALE: 1'=40' 1 1 OeV/F1rID 201 E. HWAN AVENUE HARTMAN RESIDENCE REC, j298110 FOUND N REBAF AND ALUM. CAF 1 FOUND j5 -^L� `1 RFIIAR c1 N 1-e'60',(9" S 100,111'- (IUlnINO ENCRgAf}1M£Nr,ARFA_NO. 4 pQ ROOF OVERHANG AND TREWS FOUND SECTION CORNER SEC 12.13 T7 aS R85W SEC 7.18 nos R84W 1 5/8' REBAR AND PLASTIC CAP 1 LS /ILLEGIBLE 1 B i�a nrNr. ENC E06CHAIINi AREA NO. ] - 11ROOF OVERHANG AND TOM 1 FOUND NAIL �D WASHER ILLECIBIf pliti nU1G A�Ea�r�x� E]CTFJPf OR STAIRCASE MONARCH STJUJT 74,07' ROW SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SURE A3 CARBONDALE, COLORADO 81623 (970)704-0311 Zer � T.ii• �N b y 1.17' ty 1 ^1 N O O � b 2.00 bb1 !o w 2.00' 1 ALL ENCROACHMENT DIMENSIONS SHOWN HEREON ARE PARALLEL AND PERPENDICULAR TO THE BOUNDARY LINES OF THE NORTH PARCEL 25083 0=9106 25085PLAT.OWC I IIIIII IIIII IIIIII Illl III III IIII IIIIIII III II II IIIIIIII Page: 24 of114531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 • 40 ol/ 0 Fp of � 1ppe UNjTYOF � �p�N PMFNT November 3, 2008 By Electronic Mail (drew.alexander(a_)ci.aspen.co.us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: Les Roos lesroos comcast.net 720-379-6742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In accordance with the Pre -Application Conference summary, this letter authorizes Gerald M, Biehl, President of General Management Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite Redevelopment, LLC's representative for the Common Development Review Procedures pertaining to the approval of the condominium ization of Monarch on the Park. Mr. Biehl's contact information is as follows: Gerald M. Biehl General Management Company 1201 Galapago Street, No. 101 Denver, Colorado 80204 (303) 592- 9112 (office) (720) 254-5086 (mobile) jerry@gmco.org Sincerely, Les Roos Read and Approved: Limelite Redevelopment LLC, a Colorado limited liability company, By: General Management Services, Inc., a Colorado c rporation, Manager 11 By �� erald M. 13'64 resident Date: Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 C� November 3, 2008 By Electronic Mail (drew.alexander(a) ei.aspen. co. us) Drew Alexander Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611-1975 Re: Monarch on the Park Condominium Dear Drew: Les Roos lesroos(@comcast. net 720-379.6742 I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited liability company, the owner, developer and Declarant of the real property being developed as a condominium project known as Monarch on the Park. In particular, this letter addresses paragraph 10 of the City of Aspen Pre -Application Conference Summary by providing a written description of the proposal and a written explanation of how the initial condominium map providing for creation of six of the 14 condominium units to be created in Monarch on the Park complies with the review standards relevant to the development application. The review standards relevant to the Monarch on the Park are specified in Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847 in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's office for Pitkin County, Colorado. Paragraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit Development provides as follows: Condominiumization of Project; Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the Drew Alexander • • November 3, 2008 Page 2 City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. In furtherance of this requirement and in accordance with the Declaration of Covenants, Conditions and Restrictions for Monarch on the Park, which will be recorded in the Clerk and Recorder's office for Pitkin County, Colorado and a copy of which accompanies the electronic copy of this letter, the Condominium Map establishes the initial six condominium units in Monarch on the Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City, were based on 14 condominium units. Although all 14 units are approaching completion, only these initial six units are ready for issuance of certificates of occupancy. As the remainder of the units are completed, Limelite Redevelopment LLC will file amendments to the Declaration of Covenants, Conditions and Restrictions and supplements to the Map creating and incorporating these units. For your information, I have also attached copies of the Articles of Incorporation, Articles of Amendment, and Bylaws for Monarch on the Park Condominium Owners Association, a Colorado nonprofit corporation, the members of which are owners of the condominium units, and a Good Standing Certificate for Monarch on the Park Condominium Owners Association issued by the Colorado Secretary of State. Please let me know if you need any additional information. Thank you again for your cooperation. Sincerely, Les Roos cc: Gerald M. Biehl by electronic mail Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020 /'Poo 6 a� � � rvr., AJO -5 2- 6 � 50 l_ c�c� � ' tl �s►.. � S� �eeovc� �. ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: MmmJAoA,4k atz Location: z2g F-aAfa,QM �Q (�j ux �c Srur✓ Indicate street address, lot & blocK number, regal description where appropf late Parcel ID # (REQUIRED) kPPLICANT: Name: kA,14 �� Y-C &�.J L1, G %d 2h�itn.P ono DewceZO Address: 1 Zli / 6 AS_fY Ge�"' ITV O. / 0 ?Q2 Phone #: 3 — 5 9 REPRESENTATIVE: Name: �e�2 tLp d R l3 I Address: n Phone #: J TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream , ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: 00d0hL N lit 4 t ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. ��//i�Y/-� � ! S ` , y1,�/'S� 4^• Vt�.rs�'� / ^� LCa-(.(X, . R %GcAe po Gt' oY� (i►, c r ed cz4.,, Q.INK.Iif L4.,L.� M^ a4 . PROPOSAL: descri t on ofL proposed/ buildings, uses, /m� modifications, etc.) ,' e / -n _,�%, Crtc cti,� LM.I Cd S/A !`*' HCMaAC,�L U}� d" Qf'L IL elmK4/UAV'i - 4A&f Zc you attached the following? FEES DUE: Ore -Application Conference Summary H ttachment #1, Signed Fee Agreement Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 1� 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. G. • • ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Monarch On The Park Applicant: Limelight Redevelopment LLC Location: 405 S. Monarch Street Zone District: Lodge Zone District with a PUD Overlay Lot Size: 26,916 sf Lot Area: 26,916 sf (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: _NIA Proposed. --NIA Number of residential units: Existing. --NIA— Proposed: Initially 6; 14 when all units created Number of bedrooms: Existing. -NIA Proposed: Initially 23; 48 when all units created Proposed % of demolition (Historic properties only): —N/A DIMENSIONS: (See note below re: Allowables) Floor Area: Existing: _N/A Principal bldg. height: Existing. --NIA Access. bldg. height: Existing: _NIA On -Site parking: Existing: _NIA % Site coverage: Existing: _NIA % Open Space: Existing: _NIA Front Setback: Existing: NIA Rear Setback: Existing: _NIA Combined F/R: Existing: —NIA Side Setback: Existing. -NIA Side Setback: Existing: _NIA Allowable: 2.43:1 FAR Proposed: _55, 661 FA(see note) Allowable: _42' * Proposed: _41.83' Allowable: _NIA Proposed: _NIA _Required: 2 per unit Proposed: 2 per unit_ _Required: 77% max. _Proposed: _77% _Required: _NIA Proposed. --NIA Required.•_0' Required.•0' Required: 0' Required.-0' Required.•0' Proposed: —0' Proposed: _0' _Proposed _0' Proposed: OF Proposed: 0' Combined Sides: Existing: _NIA Required: _0' Proposed: _0' Distance Between Existing _NIA Required: —NIA Proposed. --NIA Buildings * 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at 2/6/06 City Concil Meeting on Ordinace 1/2006. Existing non -conformities or encroachments: —N/A Variations requested: N/A Note: "Allowable" information is per Ordinance #1, Series of 2006, approving Limelight Lodge Final PUD. Note: Floor area quantity not specifed in Ord. 1/2006, only FAR. Gross Bldg. Area is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf. this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen DevelopmentApplication Fees CITY OF ASPEN (hereinafter CITY) and LI M C /t k lie L L G (hereinafter APPLICANT) AGREE AS FOLLOWS: I . APPLICANT has submitted to CITY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to he 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 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 Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning 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 app ' ation completeness, APPLICANT shall pay an initial deposit in the amount of $ 736, °° which is for r f4_ 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 he issued until all costs associated with case processing have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT C, ., G&� k� r By: QJ)[,c Ct Date: Billing Address and Telephone Number: 1201 6aJo. o0 C* ASPEN HRETT PAID DAri Ftw NO. e0 7��� Upon recording return to: Les Roos Cage Williams Abelman & Layden, P.C. St. Elmo Building 1433 17th Street Denver, CO 80202 if CITY OF ASPEN WRETT PAID DA'TF REP NO. 0.01057 a 0-»70 6 General Warranty Deed This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado corporation ("Grantor"), and Limelite Redevelopment LLC, a Colorado limited liability company ("Grantee"). WITNESSETH, that Grantor, for and in consideration of Ten and /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and assigns forever, all the real property, together with improvements, situate, lying and being in Pitkin County, Colorado described as follows: Lots A and B, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado and Lots C, D, E, F, G, H and I, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anyway appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments, easements, rights of way and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for itself, and its successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except real property taxes and assessments for the calendar year 2005 and subsequent years a lien not yet due and payable, reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trust securing a promissory note in the original principal amount of Eight Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 U.S. Dollars ($8,332,500) payable to the order of Wells Fargo Bank, National Association. G SE Mtg N_ qW to m ini ` 5O6424 I Page: 1 of 2 I 01/27/2005 02:55 ll� SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 1560.00 1 \L\L-06i3\002\Does\LimeliteSou[hDeed01.13.03.doc 0 The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as of the date set forth below. GRANTOR: Limelite, Inc., a Colorado corporation By:�Y e Paas, President STATE OF COLORADO ) ) ss. COUNTY OF � ) The foregoing instrument was acknowledged before me this Z:3�day of January 2005, by Leroy Dale Paas, as President of Limelite, Inc., a Colorado corporation, Grantor. My cgmnVssion expires: �Ov6 [SEAL] ROXANNE DENISE PAIJUDE8 M 506424 I I 010/27/2005 02:55 1 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 1500.00 1.\L\L-0623\002\Docs\LimeliteSoinhDeed01-13 05.doc • 0 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Monarch on the Park Condominium Owners Association is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081565807. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/23/2008 that have been posted, and by documents delivered to this office electronically through 10/27/2008 @ 19:56:48. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @ 19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7213292. il it avw�� Secretary of State of the State of Colorado *********************************************End of Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, hut). it .sos state. co us br_ ('errfcateSeurch('rurrru Flo entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely options! and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, hup wu w sos state c o us click Business Center and select "Frequently Asked Questions. " CERT GS D Revised 0812012008 E Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Coloradooretary of State Date and Time: 10/27/2008 11:55 AM ID Number: 20081565807 $50.00 Document number: 20081565807 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the nonprofit corporation is Monarch on the Park Condominium Association (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the nonprofit corporation's initial principal office is Street address 1201 Galapago Street Suite 101 (Street number and name) Denver CO 80204 (City) ( tat (ZIP/Postal Code) Unite�' States (Province - if applicable) (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province - if applicable) (Country) Mailing; address (leave blank if same as street address) 3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent are Name (if an individual) Roos (Last) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Street address ARTINC_NPC Les (First) (Middle) (Sufi-) 500 Golden Eagle Drive Broomfield (City) Page 1 of 3 (Street number and name) Co 80020 (State) (ZLP Code) Rev. 02/28/2008 �i Mai Iinu address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) Co (State) (ZIP Code) ("The following statement is adopted by marking the box.) ❑✓ The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name Roos Les (if an individual) (Last) (First) OR (if an entity) (Caution: Do not provide both an individual and an entity name) (Middle) (Suffix) Mailing address 500 Golden Eagle Drive (Street number and name or Post Office Box information) Broomfield CO 80020 (City) Un(fetad)$tates ("/Postal Code) (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. (If the following statement applies, adopt the statement by marking the box-) 0 The nonprofit corporation will have voting members. 6. (The following statement is adopted by marking the box.) 0 Provisions regarding the distribution of assets on dissolution are included in an attachment. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) 0 This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required formal.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTINC_NPC Page 2 of 3 Rev. 02/28/2008 • r� This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Roos Les (Last) (First) (Middle) (suffix) 500 Golden Eagle Drive (Street number and name or Post Office Box information) Broomfield CO 80020 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC_NPC Page 3 of 3 Rev. 02/28/2008 0 0 Click the following links to view attachments Attachment 1 Artiicles�o incorporation Attachment Document processing fee If document is filed on paper $125.00 If document is filed electronically $ 25.00 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. Colorado Sgretary of State Date and Time: 10/27/2008 07:53 PM ID Number: 20081565807 Document number: 20081567508 Amount Paid: $25.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-130-105 of the Colorado Revised Statutes (C.R.S.) ID number 1. Entity name 2. New Entity name (if applicable) 20081565807 Monarch on the Park Condominium Association (If changing the name of the corporation, indicate name BEFORE the name change) Monarch on the Park Condominium Owners Association 3. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ Other amendments are attached. 4. If the nonprofit corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires (mm/dd/yyyy) OR If the nonprofit corporation's period of duration as amended is perpetual, mark this box Q 5. (Optional) Delayed effective date (mm/dd/yyyy) 6. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If applicable, mark this box ❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. Rev. l 1/15/2005 1 of2 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing Roos Les (Last) (First) (Middle) (Suftx) 500 Golden Eagle Drive (Street name and number or Post Office Box information) Broomfield CO 80020 (City) (S(ate) (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) (The document need not state the true name and address of more than one individual However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. Rev. 11/15/2005 2 of 2 AUG.28.2006 9:50AM PITKIN COUNTY UTLE is NO. 1 4 P. 39 2 ORDINANCE NO.1 (SLRM OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE LIMELIGHT LODGE FINAL PLANNED UNIT DEVELOPMENT AND ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 12S LODGE Rooms AND 15 RESIDENTIAL DWELLING UNITS ON THE LIMELITE LODGE, DEEP POWDER LODGE, AND SNOWpLAKE INN PROPERTIES, DESCRIBED AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-I AND LOTS O-S, BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A -I, BLOCK 77, CITY OF ASPEN, PMCIN COUNTY, COLORADO. Parcel No. 2737-182-19-001 Parcel No- 2737-131-05-001 Parcel Na 2737-182-18-001 ParedNo. 2737.073-42.001 WIIEREA.S, the Community Development Department received an application from Limelite Ine. and Limelite Redevelopment LLC, owners, represented by Steve Szymanski, requesting approval of a Final Planned Unit Development, Partial Alley Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential Design Standards Variances, Commercial Design Standard Variances, end Growth Management Review, to construct 125 lodge units and seventeen (17) free market residential dwelling units on the properties deacnbed as the easternmost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block 77, City and Townsite of Aspen; and, WHEREAS, the subject properties contain approximately 64,000 total square feet and are located in the lodge Zone District; and, WHEREAS, the Community Development Director has determined in consultation with the Applicants that it would be appropriate for the review of all of the land use requests associated with the final PUD application to be combined with the review of the fixtal PUD application to ensure clarity in the final decision pursuant to Land Use Code Section 26.304.060(Bxl), Combined reviews; and, WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit Dewlap Trent, the City Council may approve, approve with conditions, or deny a Final Planned Unit Development request during a duly noticed public hearing after taking and considering comments from ft general public, and recommendations fmm the Planning and Zoning Commission, Community Development Director, and relevant referral agencies; and, WHEREAS, during a duly noticed public hearing on December 6, 2005, the Planning and Zoning Commission continued the review of the proposal to December 13, 2005;and, Rill526847 Page: I of fi JRMICK K VOS CAWILL PITKZN COMTY CO R %.00 AUG.28.2006 9:51AM PITKIN COUNTY TITLE N0, 3914 P. 3 WHEREAS, during a duly noticed public hearing on December 13, 2005, the Planning and zoning Commission approved Resolution No. 38, Series of 2005, by a five to zero (5-0) vote, recommending that City Council approve with conditions, the Limelight Lodge final PUD and associated land use actions to comtruct an incentive lodge consisting of 125 lodge units and seventeen (l 7) f u-market residential units; and, Wg)&REAS, during a' duly noticed public hearing on January 23, 2006, the Aspen City Council continued the review of the application to February 6(b; and, WHEREAS, the Applicants submitted a revised proposal containing 125 lodge units and fifteen (1S) fine -market residential units; and, WHEREAS, during a continued public hearing on February 6, 2006, tho Aspen City Council approved Ordinance No. 1, Series of 2006, by a four to one (4-1) vote, approving with conditions, the Limelight ,Lodge final pUD and associated land use actions to construct an incentive Iodge consisting of 125 lodge units and fifteen (15) free-market residential Writs; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisims of the Municipal Code as identified herein, has reviewed and corwdered the recommendation of the Planning and Zoning Commission, the Community Development Director, the applicable referral ' agencies, and has taken and considered public c mment at a public hearing; and, WHEREAS, the City Council finds that the. development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEV", the City Council .finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: sectibh 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the ,Aspen City Council hereby approves the limelight Lodge Final PUD application, partial alley vacation, subdivision, rezoning to include a PLJD overlay, Wheeler Mountain View Plane Review, Commercial Design Standard 'Variances, and Growth Management Review to construct 125 lodge units and fifteen (15) fee market residential dwelling units on the properties described as the castammost 10 feet of Lot C, Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A-i, Block 77, City and Townsite of Aspen, subject to the conditions camtained herein. 526847 Pays: 2 of ai JWCE K Y05 MUDILL PITKIH COUNTY 00 R 56.ET/26/D 8.00 LS:S2 0 AUG-28.2006 9:51AM PITKIN COUNTY TITLE NO, 3914 P. 4 'on 2: Rezoning to _ elude a PUD Overlay Pursuant to the procedures and standards set forth in City of Aspen rand Use Code Section 26.310, AmendmeWs to the Land Use Code and Official Zone Distrla Map, City Council hereby rezones the Limelite Lodge, Dcep Powder Lodge, and Snowflake Inn properties to include a PUD overlay, 3' UD JW 219d AgEgnwat The Applicants shall record a subdivision agreement that meets the requirements of Land Use Code Section 26,480 within 180 days of approval. Additionally, a final Subdivision/PUD Plan shall be recorded in the Pidda County Clerk and Recorder's Office within 180 days of the final approval and shall include the Mowing: a. A final plat meeting the requirements of the City Engineer and showing: easements, encroachment agreements and licenses (with the reception numbers) for physical improvements, and location of utility pedestals. b. An illustrative site plan of the project showing the proposed improvements, landscaping, parking, and the dimensional requirements as approved. c. A drawing representing the project's areltitechnal character. d. A final grading and drainage plan. C. A final utility plan. Section 41 Ruikfte Perrei# AnnlicatioA The building permit application shall include the following; a, A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building pen -nit set, C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parlay Department and any approval from the Parks Department Director for offsite replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which these are to be removed and new plantings proposed on the site. e. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after constructim if a ground recharge systmu is required, a soil percolation report will be required to correctly size the facility. A 5- year storm frequency should be used in designing any drainage improvements. A final construction management plan pursuant to the requirements described in Section 6 of this ordinance. so 1110,1111111 526847 07/ Page: 3 of II JWIICE N VOS CgWILL PITI(Ih COiNITY CO R 56.6E I6070.0012.52 AUG. 26. 2006 9:52AM PITKIN COUNTY TITLE N0, 3914 P. 5 g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed $ngineer. Section : Dime sion e The dimensional requirements established in this PTJD are as follows: Dimensional PUD Dimensional Jteguirement Re airements Minimum Lot Size 6,000 SF Minimum Ut Width 60 Fcet Minimum Front Yard 0 Feet Setback Mit1inmtn Side Yard 0 feet Setback Minimum Rear Yard 0 Feet Setback Maximum HOW -Lodge, 46 Feet for Ptunary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc.* Per Roof Heigint Plan Presented at 2/6/06 City Council Meeting Residential: 42 Feet, measured from existing grade and 46 feet for elevator head enclosures, fireplace flues, and VMt tetudnations.• Per Roof Height Plan Presented at 2t6/06 City Council Meetin . Minimum Percent Open 77% Maximum Site Coverage Splice Allowable External 2,43;1 FAR Minimum Off -Street .4 Parking Spaces per Lodge Unit Parking 2 PaAdn Spaces per Residential Unit section _6: ConscmdLom Mana$emeat A construction management plan shall be submitted with the building permit application that meets the requirements of the cement "Components of a Construction Management Plan" handout that is available in the City of Aspen. BWlding Department. The construction management plan shall include at a rnit mum, a construction parking plan, a construction staging and phasing plan, a construction worker transportation plan, a plan for accepting major construction -related deliveries with estimated delivery schedule, the designation of haul routes, and an agreement with the City to participate with other neighboring develolments tmdcr construction to limit the impacts of construction. This 526047 1111111IN111111 page: 4 of 1t OW26/2005 11:52 JEMIIGE K Vos CAUDiLL PMIN COUNTY CO R 56.00 D 0.00 AUG, 28, 2006 9: 52AM P I TK I N COUN TY TITLE • NO, 3914 F. 6 agreement shall be prepared by the developer and accepted by the Community Development Director. As part of the construction management plan, the developer shall agree to require all dump trucks hauling to and from the site to cover their loads and meet the envssion requirements of the Colorado Smoking Vehicle Law. Any regulations regarding construction management that may be adopted by the City of Aspen prior to application for a building permit for this project shall be applicable. The construction management plan shall also include a fugitive dust control plan to be reviewed by the City Engineering Department that includes watering of disturbed areas (including haul routes, where necessary), perimeter silt fencing, as -needed cleaning of 4aeent right-of-ways, and a representation that the City has the ability to request additional measures to prevent a nuisance during construction. A temporary encroachment license is required for use of the City's right-of-way for construction purposes, The Applicants shall not be allowed to close Monarch Street during construction except when doing utility work in Monarch Street and constructing corner bulb -outs. The Applicants shall coordinate with the Roaring Fork Transit Agency (RFTA) and the City to schedule a closure of Monarch Street, Street closures concurrent with significant public events in Wagner Park shall be avoided to the greatest extent possible. Street closures of South Monarch Street and East Cooper Avenue shall be administered by the City of Aspen Building Department subject to obtaining temporary encroachment licenses. The Applicants shall -also provide phone contact information for on -site project managanent to address construction impacts to: The City of Aspen, the 210 L. Cooper Condominiums, the park Central Condominiums, the Park Central West Condominiums, and the Towne Place of Aspen Condominiums. S_ecttQn 7:re Meytigg The Applicants shall conduct a pre -construction meeting with the City Community Development Staff prior to submittal for a building permit application. This meeting shall include the general contractor, the architect producing the construction drawings, the Community Development Engineer, a representative of the City Building Department, and the Community Development Department's case planner. Section 8: Fir'e Mideativrt The Applicants shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshall in both the residential and lodge developments. The water service line shall be sized appropriately to accommodate the required Fire Sprinkler System, The Applicants' design team shall meet with the Fire Marshall to formulate a plan for fighting fires in the below -grade parking garage structures prior to building permit submittal. 526847 Page: 5 of 1t I111111111111111111011111 07/W/20H 11:52 JANICE K V08 CAWILL PITKIN CalRM CO Q W00 D 0.00 0 AUG.28.2006 9:52AM PITKIN COUNTY TITLE NO. 3914 P. 7 SCtion 9: blather Department ReguiElMts The Applicants shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Applicants shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units, Each residential unit shall have an individual water meter but the Applicants will be required to pay only one tap fee for the residential unit building and one tap fees for the lodge building. The Applicants shall compfY with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (root foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil mails shall be allowed in the public right-of-way above ACSD main sewer lines, The Applicants shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District, SWdoln 11: Sewer Lime Relocation The Applicants shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. SQctiion 12: Transformer Relocation The Applicants shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Applicants shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. SeCtiion 13: peliveries in Block 76 Alley Them shall be no deliveries to the extent remaining Block 76 alleyway. practical to the Limelight bodge via the 5g�ion 14 Lodge Employee Audit An employee audit on the lodge component and residential component of the development shall be conducted after two full fiscal years from the date of issuance of the certificate of occupancy to verify that only 40 FTEs are needed to operate the new lodge, pursuant to the following terms: a. The Applicants shall provide an up-to-date report on the current employees at the time of final plat. b. The Applicants shall retain an auditor and shall gain prior approval from the Housing Office Operations Manager for the selection of the auditor. I 11111111NII 526847 Pass: 5 of 11 07/2g/2E08 11;0x JPNICE K VOS CAWILL PITXI COUNTY Cp R 5a.00 0 0.06 • AUG.28. 2006 9:53AM PITKIN COUNTY TITLE NO. 3914 P. 8 c. The Applicants shall be fully responsible for all fees associated with retaining an auditor, d. The audit shall occur after two full fiscal years of operation. Should the housing audit referenced above indicate that the new Limelight Lodge is employing more than the forty (40) full-time employees (the Limulite Lodge, Deep Powder Lodge, and Snowflake Inn to be demolished had 42 full-time employees after consolidating ownership of the properties, of which 2 FTEs shall be credited to the free- market residential component in order to lower its employee housing mitigation requirement to 3.36 1-bedroom affordable housing units or cash -in -lieu thereof) that are anticipated to operate the new lodge, the Applicants shall return to the Housing Authority under the following terms: a. The Applicants shall provide deed restricted, affordable housing or cash -in -lieu thereof to mitigate for 30°fc of the additional employees above 40 full-time employees. b. The Applicants shall abide by the Aspenf ticin County Affordable Housing Guidelines in effect at the time of the audit. C. The term employee shall include all full-time payroll and non -payroll employees, generated by the application. d. Bmployee housing units or cash -in -lieu thereof equal to 3.36 1-bedroom units shall be provided prior to requesting a final building inspection on any of the residential or lodge units within the project. Section 15: Deg) rowder Relocation The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing situ of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Applicants. Section 16: La lbrapina The Applicants shall submit a detailed landscaping plan as part of the building permit application. This landscaping plan shall include a plan for right -of --way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) Beet in width. Appropriate street tree plantings are required along all streets adjacent to the property. The Applicants shall preserve the existing Cottonwood tree located on the corner of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Applicants shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: ii 526847 111111111111 ?aya: 7 of 11. @V28/2@@6 rt.52 JANICE K y05 CAUDILL PITKIN C"TY CO R 55.00 D a." M AUG,2a.2006 9:53AM PITKIN COUNTY TITLE 0 NO. 3914 P. 9 a. The City Forester or his/her designee must inspect this fence before any construction activities commence. b. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Applicants shall also remove the three (3) conifers located adjacent to the proposed parldng garage entrance to the lodge building along East Hyman Avenue, A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be-plarmed excavation within car adjacent to their dripl nes. Section , PedjjWW Amenity The Applicants are proposing to provide pedestrian amenity for 1% (approximately 550 square feet) of lot square footage. The Applicants shall pay a cash -in -lieu fee of providing pedestrian amenity in the amount of S732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided-- $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance. 5 IS: EN-10 Mltilmdon The Applicants shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per wit and require that purchaws of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. C. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. Simon 19• Corner Bully -Outs The comer bulb -outs shall contain tapered curb lines of 15 degrees leading into the tamer bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for snow plowing purposes. Additionally, a street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street where the comer bulb -outs are proposed. Sec n 2(): Rkht-d-W. W Ilparove ants The Applicants shall reconstruct E Cooper Avenue between South Aspen Street and South Monarch Street and split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inkt on the southeast corner of S. Aspen Street and E, Hyman Avenue, the Applicants shall reconstruct the south half of E. Hyman Avenue, The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development, 26947 7211/26/006 .52I105 JRNICE K VOS CAWILL PITKIN COUNTY CO R 56.00 J 0.06 0 AUG,28,2006 9:54AM PITKIN COUNTY TITLE 0 NO, 3914 P. 10 Sestion 21: Sidewyalk, Curb. and Catte Sidewalk, curb, and gutter meeting ttw City Eng m,,s design requirements shall be constructed in the right -of --way adjacent to all of the property subject to this development Prior to issuance of a certificate of occupancy on any portion of the development, on Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially tha same location as is depicted an the site plan in the tidal PUD application submittal, The north -facing curbs shall be heated. ec 'on 22: Park Development 10met F Park bevelopment Ire act Fces shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park ,Development Impact Fees, The Park Development Impact Fees shall be calculated by the City of Aspen Zoning 01y1cer using the fee schedule in place at the time of building permit application. Sectiog 23: School Land Dedication ees School Land Dedication FAgs shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is requited for the development of the multi -family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. Section 24: ExterloL LihtW All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land Usc Code Section 26,575.150, Outdoor Lighting. Seeti21,25:_ wildlife mast, Coat.AiuW The Applicants small install a wildlife -proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Applicants shall install a trash compacter for use of the lodge building to Breit solid waste pick-ups in the alleyway of Block 76. _Secdon 26• EM Ulrviee Facilities Food service plans meeting the requirements of the City of Aspect Environmental Health Department shall be submitted and approved prior to serving food and prior to obtaining a Colorado Food Service License, Section 27• Pool cad Seas All design, installation, and maintenance of the pool and spa shall comply with the Colorado Department of Health's "Swimming Pool and Mineral Bath Regulations". The Aspen Consolidated Sanitation District shall review and approve the drain size for the swimming pool facility prior to installation. 526847 Pape; 9 of II JANI1f07/ZG/LLPI-CEK V06 CADIKIN COUNTY Co R 56.as 00001 ,32 0 0 AUG. H. 2006 9:54AM PITKIN COUNTY TITLE NO. 3914 P. 11. : Dtvelo t TjgLma The Applicants shall obtain a certificate of occupancy on all the lodge component of the development prior to obtaining a certificate of occupancy on any of rise residential urdts within the development. Section 22: Allev V'acatlon The eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen is hereby vacated, subject to the following requirements; a 0WWrship and title to the lands so vacated shall vest as provided in and by Section 43-2-302 of the Colorado Revised Statutes. b. The City Clerk is hereby directed, upon the adoption of this ordinance, to record a copy of this ordinance in the Office of the pitkin County Clerk and Recorder. C. The City Engineer is hereby directed, upon adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. d The alley vacation is approved based on the finding that the vacation will not leave any adjoining lands without a means of access over an established public right-of-way connecting such lands to an established public street. e. An alley vacation plat shall be filed and recorded at the Pitkin County Clerk and ,Recorder's office in association with recording the final subdivision plat and PUD plans. Secd�— °.30' This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the mmo shall be construed and concluded under such prior ordinances, Section 31. if any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the rernainirtg portions thereof. Section 2: All material YePrcseaftons and commitments made by the applicant pursuant to this application, whether in public hearings or documentation presented before the Historic Presmation Cornaaission, Plamling and Zoning Commission, or City Council, are hereby incorporated in such plan approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 52sbw e(YJFCE K �g1p111[► Pa . , 84 7 gas cww rtl p. t e o r r� PITKFM CrAa, y e7/Zg/z l l :s2i R W N U e, �1 E AUG.28. 2006 9:55AM PITKIN COUNTY TITLE NO. 3914 P. 12 Section 33. A public hearing on the ardinBnce was held on the 23rd day of January, 2006, in the City Council Chambers, Asp'eu City Hall, Awn, Colorado and continued to the 6t' day of February, 2006. MMODiUCED, RIKAD AND OYtDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of January, 2006, 00000 77gp , Mayor Attest: FINALLY, adopted, passed and approved by a vote of four to one (4-1), this 6t' day of February, 2006. elan EW4rad, Mayor Attest: MPURRI&gt Approved as to form; 526847 �I p7�q.: 11 of 11 IU e7i2ei JANICE K VOS CAUDILL PITKIN COUNTY CO it $6.00 p 0. 011 bzl �np. Aommas�ter, City Attorney 526848 0 IIIII IIIII I ��II IIIIII III I�IIIII III IIIII IIII I II 0Page: I of 24 7//26/2006 11 :531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT THIS SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR LIMELIGHT LODGE SUBDIVISION/PL .D UNIT DEVELOPMENT (the "Agreement") is made and entered into this�� day of 2006, by and among THE CITY OF .A.D ASPEN, COLORO, a Colorado muni ipal orporation (the "City") and LIMELITE REDEVELOPMENT, LLC, a Colorado limited liability company and LIMELITE, INC., a Colorado corporation (collectively, the "Owner"). WITNESSETH: WHEREAS, Owner has submitted to City for approval, execution and recording final PUD plans, as the same are defined and described below, for a real estate project within Aspen, Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project"); and WHEREAS, City has fully considered the Final PUD Plans, the proposed development and improvement of the Project, and approved the project with conditions pursuant to Ordinance No. 1, Series of 2006; and WHEREAS, City has imposed certain conditions and requirements in connection with its approval, execution and recordation of the Final PUD Plans, such matters being necessary to protect, promote and enhance the public welfare; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by City in approving the Final PUD Plans; and WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is entitled to certain financial guarantees to ensure that required public and common private improvements are installed, and Owner is prepared to provide such guarantees as hereinafter set forth. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation by City, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: A. ZONING AND REGULATORY APPROVALS. Pursuant to Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 and recorded as Reception No $ in the office of the Clerk and Recorder of Pitkin County, Colorado (the "Ordinance"), the City approved all final land use approvals and granted a development order for a site specific development plan for the Project subject to a vested property right. The land use approvals granted by the Ordinance included final Planned United Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD L•1LIL-0623t002V'UD Applialion\Final Limelight Subdivision PUD A9Cement07.05.06.doe 526848 0 Page: 2 of 24 07/25/2006 11:51 00 0 0.00 Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances, and Growth Management Review, to construct one hundred twenty five (125) lodge units and fifteen (15) free market residential dwelling units, all subject to conditions of approval. B. PROJECT DESCRIPTION. The Project shall entail the redevelopment of land south of East Hyman Avenue, on the north and south sides of East Cooper Avenue, to the West of Monarch Street and to the east of Aspen Street, into a new lodge, free-market residential condominium units, and underground parking (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed dimensional requirements shall be as follows: Dimensional PUD Dimensional Requirement Requirements Minimum Lot Size 6,000 SF Minimum Lot Width 60 Feet Minimum Front Yard 0 Feet Setback Minimum Side Yard 0 Feet Setback Minimum Rear Yard 0 Feet Setback Maximum Height Lodge: 46 Feet for Primary Roof Height, 50 Feet for limited accent elements, elevators, mechanical enclosures, etc.* Per Roof Height Plan Presented at 2/6/06 City Council Meeting. Residential: 42 Feet, measured from existing grade and 46 feet for elevator head enclosures, fireplace flues, and vent terminations.* Per Roof Height Plan Presented at 2/6/06 City Council Meeting. Minimum Percent Open 77% Maximum Site Coverage Space Allowable External 2.43:1 FAR Minimum Off -Street .4 Parking Spaces per Lodge Unit Parking 2 Parking Spaces per Residential Unit 1AL\L-0623t002\PUD ApplicadonWinalLimeli6hl Subdivision PUD Arr"nunt07.05.06.doc 52684f III�III Page: 3 of 24 IIIIIIIIIIiIII II�IIIIIII�I Ililllllllllll! I 07,28 . 11.5 JRNICE K VOS CRUDILL PITKIN COUNTY CO R 121.00 0.0 31 D 0.0 C. PROJECT IMPROVEMENTS & GOVERNING DOCUMENTS. 1. Owner is required to install and construct specific physical improvements ("Improvements") as part of the Project in accordance with and pursuant to those final PUD development plans (the "Final PUD Plans") that have been submitted by Owner to City, which Final PUD Plans have been recorded at Reception No. J.,6 S'_ 0 in the Pitkin County real estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Final PUD Plans consist of: (a) The Final Subdivision Plat, the sheets of which set forth dedications, legal descriptions, vacations, project boundaries, and partial vacation of an alley, among other things. (b) An Illustrative Site Plan, the sheets of which graphically depict the Project and its various components; (c) An Architectural Character Plan, the sheets of which depict the architectural composition of the structures to be constructed as part of the Project; (d) A Grading/Drainage Plan, the sheets of which depict all grading and drainage system improvements within the Project; (f) A Utility Plan, the sheets of which shall depict the water, sewer, gas, electrical, cable, telephone and all other utilities and utility systems serving the Project; and (g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway located in Block 76 of the City and Townsite of Aspen. 2. A construction schedule (the "Limelight Construction Activity and Traffic Management Plan) related to construction and installation of the improvements set forth in the above -described Final PUD Plans will be provided by Owner's general contractor for the Project, R. A. Nelson & Associates. 3. Owner agrees to complete the landscaping and irrigation for the Project in accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building permit application in accordance with Section 16 of the Ordinance, in as logical a sequence as possible in relation to the completion of the Project Improvements. Owner and its successors and assigns shall thereafter be responsible for the maintenance of the Project landscaping. D. FINANCIAL GUARANTEE. In order to guarantee installation of the landscaping improvements described in the Landscape Plan identified in Section C (3) above ("Landscaping Improvements") and maintenance and replacement of the same for a period of one (1) year after installation, Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its construction loan for the purpose of insuring maintenance of the Landscaping Improvements, or other security or financial institution confirmation of I:�LL-0621%001TUD ApplicstionlYinalLirmliaht Subdivision PUD Agnenent07.05.o6.doc adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs of the Landscaping Improvements as estimated by the City of Aspen Parks Department, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills, or to request payment upon demand to partially or fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work done in regard to thereto by any party. As portions of the Landscaping Improvements are completed, the City of Aspen Parks Department shall inspect these Landscaping Improvements against the approved Final PUD Plans, and upon confirmation that these Landscaping Improvements have been installed in accordance with the Final PUD Plans, he shall authorize reduction in the amount of the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation as documented by invoices through final field inspection reports for that portion of the Landscaping Improvements; provided, however, that such confirmation and reduction shall occur no later than five (5) business days from the date of the City of Aspen Parks Department's final inspection and subsequent issuance of acceptance certificate for the Landscaping Improvements; provided, further, that twenty-five percent (25%) of the estimated cost of the Landscaping Improvements shall be retained until such Landscaping Improvements have been maintained in a satisfactory condition for two (2) years starting from the date of the issuance of the Certificate of Occupancy for the Project, at which time, the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. In order to guarantee that the Owner shall not start excavation and then abandon the project, the Owner shall provide to the City a letter of credit, a letter from Owner's construction lender confirming that funds are available to Owner in its construction loan for the purpose of filling in the excavation needed to construct the overall project, or other security or financial institution confirmation of adequate funds available to Owner in amount not less than one hundred twenty-five percent (125%) of the estimated costs to fill in the excavation needed to construct the overall project as estimated by the City of Aspen Engineering Department, in form and substance reasonably acceptable to the City and from a financially responsible lender. This letter of credit, a letter from Owner's constnlction lender, or other security or financial institution confirmation shall provide that the City will have the unconditional right upon demand to partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the excavation. At the completion of a full foundation on both the lodge and the residential components of the development, and upon confirmation that the foundations have been installed in accordance with the Final PUD Plans by the City Engineer, the letter of credit, letter from Owner's construction lender, or other security or financial institution confirmation shall terminate and expire. 11111111 Pill Page: 24 111111( 526848 I11111111IIIIII1111111I 07/2 07/26/2006 11.5 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 3( 4 IAL\L-0623\002\PUD ApplicationWinall-imlight Subdivision PUD ApvetnenK17.03.06,doc 52 11 48 �Ilfl �I�II� I� ++ jjll Page: 5 of 24 II�II� III ��II II II lII��III��l�illl 07/26/2006 11.531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 E. DEVELOPMENT REQUIREMENTS RESTRICTIONS AND AGREEMENTS. Owner hereby agrees to the conditions of approval as specified in the Ordinance and Owner and City specifically agree as follows: Building Permit The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. C. A completed tap permit for service with the Aspen Consolidated Sanitation District. d. A tree removal permit as required by the City Parks Department and any approval from the Parks Department Director for off -site replacement or mitigation of any removed trees. The tree removal permit application shall be accompanied by a detailed landscape plan indicating which trees are to be removed and new plantings proposed on the site. C. A drainage plan, including an erosion control plan and snow storage runoff plan, prepared by a Colorado licensed Civil Engineer, which maintains sediment and debris on -site during and after construction. If a ground recharge system is required, a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. f. A final construction management plan. The Owner shall comply to the greatest extent practical with any general construction management requirements that the City adopts before and after building permit issuance. g. A fugitive dust control plan to be reviewed and approved by the Engineering Department. h. An excavation/stabilization plan prepared by a licensed Engineer i. A detailed landscaping plan. This landscaping plan shall include a plan for right-of-way landscaping and irrigation without trenching under the roots of trees to be preserved to the extent possible. If trenching is necessary it shall be done by hand. The plan shall also include a parkway landscaping strip adjacent to all abutting public streets of at least five (5) feet in width. Appropriate street tree plantings are required along all streets adjacent to the property. 5 IAL�L,0623WITUD ApplicationTinalLimelfght Subdivision PUD Agreement07.06.06.doc 0 ! I(( 526848 11111101111111 Page: 6 of 24 111111 0� .JANICE /26D O. K VOS ClIUDILL PITKIN COUNTY CO 6 11.53t R 121.00 D 0.00 The Applicants shall preserve the existing Cottonwood tree located on the corner of South Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between the Deep Powder Lodge and the Limelite South Building that were slated for removal in the conceptual PUD application. Additionally, the stand of large Spruce trees located to the north of the existing Limelite South Building shall be thinned for health and preserved. The Owner shall also install tree saving construction fences around the drip line of any trees to be saved subject to the following provisions: 1. The City Forester or his/her designee must inspect this fence before any construction activities commence. 2. No excavation, storage of materials, storage of construction equipment, construction backfill, foot or vehicular traffic shall be allowed within the drip line. The Owner shall also remove the three (3) conifers located adjacent to the proposed parking garage entrance to the lodge building along East Hyman Avenue. A 2-year maintenance bond shall be secured by the Applicants for any trees to be preserved in which there will be planned excavation within or adjacent to their driplines. 2. Affordable Housing Units. Owner acknowledges that the development of free- market residential condominium units as part of the Project, subjects the Owner to affordable housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority ("APCHA"). Owner acknowledges that the development of 15 free-market residential units as part of an incentive Lodge Development like the Project would normally obligate the Owner to provide 4.5 affordable housing units. Due to the Owner's generation of employee efficiencies in the project the Owner was granted affordable housing credits offsetting and reducing its affordable housing obligation to 3.36 1-bedroom affordable housing units. Accordingly, the Owner shall remit to the City a cash -in -lieu payment for its affordable housing obligations equal to 2,734,410 and 70/100 Dollars ($2,734,410.70) based on the current cash -in -lieu fee amount. This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy for the Project; however any portion thereof paid after issuance of a building permit for the Project shall be adjusted in accordance with the then current APCHA affordable housing mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the residential component to be mitigated for, multiplied by the single-family residential cash -in -lieu fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended from time to time, multiplied by 74.6% (which is the percentage of 4.5 1-bedroom affordable housing units required to be mitigated for after credit applied from the lodge component of the development)). 3. Employee Housing Units. Owner acknowledges that the addition of approximately 15 lodging rooms to the Project would normally create the need for employee generation mitigation and a related employee mitigation plan with the APCHA. Owner and the City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above 1:1S1_•0623WZPUD ApplicationWinalLimclight Subdivision PUD Agreemrn107.05.06.doc IIIIIIII Illllllllllflllllll II I illl III IIIII IIII IIII526841P Page: 24 //208 11 .5, 1 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 eliminate Owner's mitigation obligations for the lodge room component of the development, provided that the Audit (as defined below) reveals that the Project after development does not generate additional employees. 4. Employee and Affordable Housing Audit. Owner will perform an employee audit ("Audit") of tale Project within 30 days of the second anniversary of the issuance of a certificate of occupancy for the Lodge. This Audit will compare the number of full-time employees employed at the Project at the time of the Audit against the 42 employees employed at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall include all full-time, payroll and non -payroll employees employed at the Lodge, The Housing Office Operations Manager shall approve Applicant's auditor and the Applicant shall be solely responsible for all fees associated with retaining the auditor. (a) Affordable Housing Mitigation. Should the Audit reveal an increase in employees above the 40 full-time employees that are anticipated to operate the Project, the Owner shall provide deed restricted, affordable housing or a cash -in -lieu payment for the balance of the Owner's affordable housing mitigation obligations. (b) Employee Housing Mitigation. Should the Audit reveal that the number of employees employed at the Project exceeds the 40 full-time employees anticipated to operate the lodge component of the development, the Applicant will deliver a cash -in -lieu payment pursuant to APCHA guidelines in effect on the date of this Agreement, to mitigate its employee housing obligations. 5. Condominiumization of Project; Association. As soon as construction of the Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market residential component of the Project to two (2) separate plans for condominiumization created pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the City agrees to process for approval and recordation a condominium map for each separate condominium regime. Owner shall also record declarations for each common interest condominium community and create a corporate non-profit homeowner's association for each community (the "Associations"), including articles of incorporation and bylaws. The Associations shall be responsible for the maintenance of their respective common elements. Membership in each respective Association shall automatically inure to any unit owner within the respective condominium regime upon the transfer of title thereto. 6. Water Department Requirements The Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. The Owner shall also enter into a water service agreement with the City and complete a common service line agreement for the residential units. Each residential unit shall have an individual water meter but the Owner will be required to pay only one tap fee for the residential unit building and one tap fee for the lodge building. 7. Aspen Consolidated Sanitation District Requirements The Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections 1ALU.-0623\002\PUD ApplicadonTinalUrnelighi Subdivision PUD Agmcnwnc07.05.D6.doc 0 0 (roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be installed in each of the parking garages. In addition, the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings within the development. No soil nails shall be allowed in the public right-of-way above ACSD main sewer lines. The Owner shall enter into a shared service line agreement. Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District. 8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer line that serves the Prospector Lodge. 9. Transformer Relocation The Owner shall relocate the existing transformer onto their property. The location for the transformer shall be approved by the Community Development Department prior to installation. The Owner shall dedicate an easement to allow for City Utility Personnel to access the relocated transformer for maintenance purposes. 10. Deliveries in Block 76 Alley There shall be no deliveries to the extent practical to the Limelight Lodge via the remaining Block 76 alleyway. 11. Pedestrian Amenity The Owner is providing pedestrian amenity for I % (approximately 550 square feet) of lot square footage. The Owner shall pay a cash -in -lieu fee of providing pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per square foot) prior to building permit issuance, 12. PM-10 Mitigation_ The Owner shall execute the following methods of PM-10 mitigation: a. Sell the residential units with only one parking space per unit and require that purchasers of a unit be required to purchase a second space at an additional cost. b. Provide free RFTA bus passes to employees that live outside the City of Aspen. C. Advertising to potential guests that a personal or rental car is not necessary due to the extensive public transportation system. 13. Width of South Monarch Street A street width of 28 feet, from the face of curb to the face of curb, shall be maintained on South Monarch Street. 14. Sidewalk, Curb, and Gutter Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be constructed in the right-of-way adjacent to all of the property subject to this development prior to issuance of a certificate of occupancy on any portion of the development. On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site plan in the final PUD application submittal. I II ;0 6$ 111111 IN 1111111111111111111111111111111111 of 24 006611:53. JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 I:u L-0623MVIUD AppliuuontFinAlLimelight Subdiwion PUD AprernmV.05.06.da 526848* IIIIIIIIII IIIII II Illlllllllllilllllllli II IIII IIII Page: 9 of 24 07/26, 2006 i l 53t JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 15. Park Development Impact Fees Park Development Impact Fees shall be assessed at the time of building permit issuance on both the new residential bedrooms (including the affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 16. School Land Dedication Fees School Land Dedication Fees shall be assessed on the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication, because subdivision approval is required for the development of the multi -family residential units per the definition of subdivision in the land use code. The school lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at the time of building permit application. 17. Deep Powder Relocation The Owner shall pay $20,000.00 towards, schedule, and supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City. The landing site of the cabins shall be identified by the City in a timely manner to allow for the relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the Owner. 18, Wildlife Trash Containers The Owner shall install a wildlife -proof trash container for the residential building that meets the requirements of the Environmental Health Department. The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick- ups in the alleyway of Block 76. 19. Temporary Use of Public Ri is -of -Way. Owner may temporarily use public rights -of -way as staging areas for construction activities related to the Project in accordance with the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant to a Temporary Construction Encroachment License entered into by the Owner and City. 20. Construction Activities Affecting Access to Cif of Aspen Facilities. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities and/or rights -of -way owned by City of Aspen shall be governed by the provisions related thereto to be set forth in detail in the Limelight Construction Activity and Traffic Management Plan. 21. Construction Activities Affecting City Streets and infrastructure. Owner agrees and acknowledges that any and all construction activities undertaken in connection with the Project that in any way affect facilities, infrastructure and/or rights -of -way owned and controlled by the City shall be governed by the provisions related thereto to be set forth in the Limelight Construction Activity and Traffic Management Plan and any applicable City permits and/or official engineering regulations. 22. Street Closures; Traffic Control. All provisions related to street closures and traffic control operations necessitated by construction of the Project are set forth in more detail in 0 [ALIL.•062)`A021PUD App1ica6on\Firu1Lime1iyht Subdivision PUD A;reement07.05.06.doc 526848 0 IIIIIIIIIIII IIIIIIIIIII 10 of 24 26 / I 2 07//I I IIIIIII III IIIIII III IIII 2006 11:531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic Management Plan. 23. Restoration of Public Streets. Owner agrees that upon completion of the Project, the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Owner shall reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this section shall be made prior to issuance of a certificate of occupancy on any part of the development. 24. Encroachments Into City Property. It is hereby acknowledged by the parties to this Agreement that as part of the Project, Owner shall construct and install certain improvements that encroach into adjacent public rights -of -way. Specifically, portions of the roofline, the entrance canopies and some balconies of the residential units will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as delineated and depicted on the Architectural Character Plan identified in Section C (1) (C) above. The City agrees to grant to Owner an easement for these encroachments in the form of the Encroachment Easement attached hereto as Exhibit A. 25. As -Built Drawings. Owner shall submit as -built drawings for all site improvements constructed by Owner within any City right-of-way to the City within 180 days from the date the last certificate of occupancy is issued by the City related to the Project. Such drawing shall be submitted both in the form of 24"x 36" mylar sheets stamped and sealed by a Colorado professional surveyor (PLS) as well as in electronic form. 26. Development Timing The Owner shall obtain a certificate of occupancy on all of the lodge component of the development prior to obtaining a certificate of occupancy on any of the residential units within the development. F. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS BY OWNER. In the event that the City Council determines that the Owner is not acting in substantial compliance with the terms of this Agreement, the City Council shall notify the Owner in writing specifying the alleged non-compliance and asking that the Owner remedy the alleged non- compliance within such reasonable times as the City Council may determine, but not less than thirty (30) days. If City Council determines that the Owner has not complied within such time, the City Council may issue and serve upon the Owner a written order specifying the alleged non- compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, the Owner may file with the City Council either a notice advising the City Council that it is in compliance or a written petition requesting a hearing to determine anyone or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or 10 IAL 06231002\PUD ApplicotionVinxILhrnlighl Subdivision PUD AS=ffx 01.05.06.doc 526848* 11!l111! Page: 11 of 24 111!!1lII lIII!llll !II!!!!!1 ! rI JRNI � 1!!f I111� CE K VO !! 07/260 S CRUDILL PITKIN COUNTY CO 006 11:53i R 121.00 0 0.00 (b) Whether a variance, extension of time or amendment to this Agreement should be granted with respect to any such non-compliance that is determined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the cease and desist order and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance exists which has not been remedied, it may issue such orders as may be appropriate; provided, however, no order terminating any approval previously granted by the City Council shall be issued without a finding of the City Council that substantial evidence warrants such action and affording the Owner a reasonable time to remedy such non-compliance. A final determination of non-compliance which has not been remedied or for which no variance has been granted may, at the option of the City Council, and upon written notice to the Owner, terminate any of such approvals which are reasonably related to the rcquirement(s) with which Owner has failed to comply. Alternatively, the City Council may grant such variances, extensions of time or amendments to this Agreement, as it may deem appropriate under the circumstances. In addition to the foregoing, the Owner or its successors or assigns may, on its own initiative, petition the City Council for a variance, an amendment to this Agreement or an extension of one or more of the time periods required for performance hereunder. The City Council may grant such variances, amendments to this Agreement, or extensions of time as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on its part to perform in a timely manner. G. GENERAL PROVISIONS. 1. The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 2. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 3. If any of the provisions of this Agreement or any paragraph, sentence, clause, phrase, word, or section or the application thereof in any circumstance is invalidated, such invalidity shall not affect the validity of the remainder of this Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 4. This Agreement contains the entire understanding between the parties hereto with respect to the transactions contemplated hereunder and may be altered or amended from time to time only by written instruments executed by all parties hereto. 11 1:u.1L-D623\O02\PUD ApplicttionlFinslLimelijht Subdivision PUD Agreemento7.05.06.doe 5. Numerical and title headings contained in this Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used herein, where the context requires, the use of the singular shall include the plural and the use of any gender shall include all genders. 6. Upon execution of this Agreement by all parties thereto, City agrees to approve and execute the Partial Alley Vacation Plat and Subdivision Plat for the Project and any other Final PUD Documents as may be necessary, and to accept the same for recordation in the Office of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by Owner. 7. Notices to be given to the parties to this Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the parties by registered or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by the parties or their successors or assigns: CITY OF ASPEN City Manager 130 S. Galena Street Aspen, CO 81611 LIMELITE REDEVELOPMENT, LLC and LIMELITE INC. c/o Limelite Lodge 2228 East Cooper Avenue Aspen, CO 81611 Attention: Dale Paas and Sue Woolery With copies to: Gerald M. Biehl General Management Real Estate 1201 Galapago Street, #101 Denver, CO 80204 Steven Szymanski Szymanski Development Partners, Inc. 2506 West Main Street Littleton, Colorado 80120 Cage Williams Abelman & Layden, P.C. Attention Les J. Roos 1433 171h Street Denver, CO 80202 IN 111111IIII11111IIIII111111III1111526848 0 y/ 6/ 0066f1124 :531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 8. The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the land underlying the Project and any and all 12 I:U.\L-0623%002V'UD ApplicstionlrinslLimelight Subdivision PUD Agmenwnt07.03.06.doe 1] Owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) I 526848 Paga: 13 of 24IIIIII Hill 10111111NIIIIIIIIIIIIIIIIIIIIIIIIiI07,26/2006 51.531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 13 CITY: CITY OF ASPEN, COLORADO, a municipal coruW440-1.s r ttomey STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ,Aay of u IV , 2006, by Helen Klandcrud as Mayor and by Kathryn S. Koch as City Clerk of the Clity of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My Commission Expires: raryublic 2Y p.�,rR'.»..'.Ve / JACKJE tt �LOTHIAN III�III 526848 IIIIII�I I Page: 14 of 24 III II I N�III III 6/20 7/ �IIIIIIIIIIII�I 0 2 06 11.531 III IIII JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 14 1AM-06271002TUD ApplicitionVinaU imliEht Subdivision PUD AprrcmcntV.05.06.doc 0 [IRIA9►13):�i LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member By: Limelite, Inc., a Colordio orporati General Partner By: LeroyPaas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this (71 3 of 2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation Investment, LLLP, as Member of Limelite Redevelopment LLC, a Colo radp I' ited liabili I j ( )ty company. / Witness my hand and official seal. I Notary Public My Commission Expires: � �`1 a � >I '00 r1 By: Parkside Re evelopment LLC, a Colorado limi d liability company, Gerald M. Biehl, Manager STATE OF COLOR -ADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me thisl:t-'�ay o , 2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, asembe of Limelite Redevelopment, LLC, a Colorado limited liability company. Witness my hand and official seal. My My Commission Expires�L S � ;6AX &� Notary Public 526848 Page: 15 of 24 lllllll( IIIIIII IIIIIIII 12 1 07/28/ NICE K VOS CgUDILL PITKIN COUNTY CO 2006 11:531 Jq R 121.00 D 0.00 '61A�gj. O 6 OVOPP 15 My CommasO Ezpres 01/27/2009 I:\1.U.-0617W0ITUD AppliutionWinalUmellght Subdivision PUD Agneurcu107.03.06.4oe LIME4IE,-,i"'a Coi corporat' By: Paas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this L� r day of 2006, by Leroy Dale Paas, as President of Limelite Inc., a Colorado cpmoration. Witness my hand and official seal. C � � otary Public l� O?ARy >� My Commission Expires: � QQ P OF.Coyoz I I II I III IIIIII III IIII 8 8 0 Page:f24 e 11: 531 IIIIII IIIII IIIIII 1111 IIIIII IIIIII JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 16 l \L\L-0623\002\PUD Appliation\FinalLiumlight Subdivision PUD Ap"nrnt07.05.06.doc Encroachment Easement ENCROACHMENT EASEMENT THIS ENCROACHMENT EASEMENT is made and entered into effective as of the day of , 2006, by and between the CITY OF ASPEN, COLORADO, a Colorado municipal corporation ("City") and LIMELITE, INC., a Colorado corporation, and LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is 2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite"). WITNESSETH: WHEREAS, Limelite is constructing a mixed -use development within the City known as Limelight Lodge/PUD (the "Project"); and WHEREAS, as part of development of the Project, it is acknowledged by the parties that it shall be necessary for Limelite to construct and install certain improvements on, over and undcr certain rights -of -way owned, controlled and operated by the City (the "City ROWS"), which City ROWS are shown more fully on Exhibit A attached hereto and incorporated herein by reference; and WHEREAS, the City agrees to allow Limelite to construct and install certain improvements on, over and under the City ROWS (the "Allowed Encroachments") in those locations specifically set forth on Exhibit A, subject to certain conditions; and WHEREAS, the City has the power and authority to grant encroachment easements. NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained, the City and Limelite covenant and agree as follows: 1. Grant of Easement. The City hereby grants Limelite a non-exclusive easement to occupy, maintain and utilize the City ROWs for the Allowed Encroachments, which are generally described as portions of the roofline, entrance canopies, trellises, and an exterior staircase of the residential units that will encroach onto South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as more particularly depicted on Exhibit A, for the purposes described herein. The term of this easement shall commence on the date of the first building permit issued to Limelite in connection with the Project and shall continue and be irrevocable until demolition of the building containing the residential units. This easement shall be subordinate to the right of the City to use the surface area of the City Property for any pre-existing, authorized purposes. Until demolition of the building containing the residential units, the City shall not remove or interfere with the Allowed Encroachments or take any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from the City. Page: 10 8f 124531 IIIIII (IIII IIIIII IN 111111 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0 A0 2. Use of City ROWs. Limelite shall have the right to occupy, maintain and utilize those areas of the City ROWS shown on Exhibit A for the Allowed Encroachments, which Allowed Encroachments shell consist of surface and overhang building improvements. 3. Maintenance. Limelite shall be responsible for the maintenance and repair of all areas of encroachment upon the City ROWs, together with all improvements constructed therein, which the City, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. 4. Permits. Limelite shall obtain from the City all necessary and appropriate permits related to construction and installation of any of the Allowed Encroachments within the City ROWs. 5. Insurance, At all times during the term hereof, Limelite shall maintain general liability insurance for any loss, claim or damages arising from or connected with Limelite's use of the City ROWS and shall furnish the City with a certificate of insurance evidencing such insurance coverage upon demand. 6. Indemnification. Limelite shall save, defend and hold the City harmless against any and all claims for damages, costs and expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and maintenance of the City ROWS by Limelite, or from any act or omission of any representative, agent, customer and/or employee of Limelite, except for claims that may arise out of, or be occasioned by the negligent or intentional act of any representative, agent or employee of the City. 7, Non -Exclusivity of Easement. Except as otherwise prohibited or agreed to by and between the parties, nothing herein shall be construed so as to prevent the City from granting such additional licenses or property interests in or affecting the City ROWs as it deems necessary, provided, however, such additional licenses or property interests do not impair or materially interfere with the rights and benefits granted to Limelite in this Agreement. 8. Binding Effem 6s§ignment. The conditions set forth herein shall constitute covenants running with the land, and binding upon and inuring to the benefit of Limelite, its successors and assigns. In addition to the assignment rights provided in the foregoing sentence, the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally assigned by Limelite to a mortgage lender. 9. Attorneys' Fees. In any legal action to enforce the provisions of this Agreement, the substantially prevailing party shall be awarded its reasonable attorney's fees and costs. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] I IIIIII IIIII IIIIII 52684824 INIIIIIIIIII1111111IIIPage: 1a Of 1: III III 07/26/2006 11.53i JPNICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D e.oe [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK1 IIIIII III 526848 IIIIIIIIIIIIIII Page: 19 of 24 III IIII Illilll �� 07 I lillll lli i /26/2006 III 11.5 1 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 3 CITY OF ASPEN, COLORADO, APPROVED AS TO FORM: mey STATE OF COLOR -ADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 2,611fay of 2006, by Helen Klanderud as Mayor and b Ka Y y thryn S. Koch as City Clerk of the Cil of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My Commission Expires:— 44 p otary Public lr CL ll�llll 526848 l�lll ��l 1 Page: 20 of 24 Illllllll IIIIIII I�NII Illlll llllll �I IIII / 07/2 JANICE K VOS CAUDILL PITKIN COUNTY CO 6 2011.531 R 121.00 0 0.00 LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member By: Limelite, Inc., a Colora orporatio eneral Partner By:G—�-- Leroy NWPaas, President STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this �r day of 2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation Investment, LLLP, as Member of Limelite Redevelopment, I.LC, a Co orado limited liability company. Witness my hand and official seal.tARy..� ,� � Notary Public U My Commission Expires:�0� By: Parkside R evelopment LLC, a olorado limite liability company, Member OF C0�,0 Gerald M. Blehl, Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) v\ The foregoing instrument was acknowledged before me this day o , 2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, as Mem er of Limelite Redevelopment, LLC, a Colorado limited liability company. Witness my hand and official seal. \\ Notary Public <'_3 �G "Qc— My Commission ExpiresV 61n . Z�l ETA 91-.'. 526848 07126/2006` 114531 N)A A 'O i/ \ . lI� II111� �' O l ` UD II� 00 8 L 0 0 . 11�III z1 . co R 1 P JLINICE K VOS CgUDILL PITKIN COUNTY �( �F,C06* My Commission Expires 01/27/2009 0 • LMELITE, INC., a Col ?5007P�orationn By: ;��— Leroy D aas, President STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ff day of 2006, by Leroy Dale Paas, as President of Limelite Inc.,a-Gplorado.,cQi+ca ign. Witness my hand and official seal. l MM Notary Public �•'� y My Commission Expires:_ j l �-d+/ aW Gj V J �` I Illlllill tP�. � 526848 C page: 22 fllfllilllll11111N111111111111111111111 07/25/2006 11:531 24 Il JRNICE K V05 CRUDILI PITKIN COUNTY CO R 121.00 D 0.00 EMISITWYOR ENCROACHMENT AREAS, NORTH PARCEL A PARCEL OF LAND SITUATED IN BLOCK 76, CITY AND TOWNSITE OF ASPEN, IN SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST AND IN SECTIONS 12 AND 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST, BOTH OF THE SIXTH P.M., COUNTY OF PITKIN, STATE OF COLOARDO SHEET 1 OF 1 Aspjr,V STRA'AIT 7SJ0' ROW + 2"0' FOUND .13' ALL"NU4 CAP BLOCK 78 OREXEL BARRELL GPS CONTROL AT THE ALLEY + PM4014ATE INTERSECTION OF HOPKINS AVENUE AND OAR415CH STREET LS 128650 + 201 E. H1'#AN AVENUE HARTLIAN RESIDENCE REC. /2981 I9 Fµ DAL 4ECAR COOPER 210 C COER AVENUE AY£NU£ EpUND is r. 4 COOPER CONDOWMLWS RESAR REC. 140MOO 281'- N 1'e'60 '.I9" S 10!gs0-' - v L311BLIICf(L�y LOUMLYfUFW AREA_ _A h / b4 1 ROOF OVERHANG AND TREWS t.17' FOUND SECTION CORNER + La SEC IX 13 T1OS R83 W, SEC ro 3.38, a ,. --� 0 7.18 TICS R84W + 5A' REHAR AND PLASTIC CAP "; o � Q�p�yyQ�[ AREA NO. S LS jIl1EG18LE 1 T7 � ROOF OVERHANGto t� N yn'• O h X(7RTf/ PAI�'SL p4 v 38,917 m4 R.& 0.846 acnr# Buanrrrr. EN(77L1 A'2�uENT 7.�7` ^� i + ROOF OVERHANG AND TRS 1 -Z00' a RUn O/Nc ENnanA tLEELi..A10t HO + CANOPY AND ROOF 01191HAIIG +" FOUND NA11 5.50' d WASHERfLLE016LE "HIMN . 200, EN(AREAEYT1YENT ARENd MM7 STAIRCASE nry� 60'�s�a 2ZO.20 61.50' p11.a6' 111.25' : � �i 1.50' I5.00' 2.00, Y 22-00. 1f0N41whr STRBST + 74, 91' ROW SOPRIS ENGINEERING - LLC ALL ENCROACHMENT DIMENSIONS SHOWN HEREON ARE PARALLEL AND SCALE: 1'-40' CNIL CONSULTANTS 502 MAIN STREET, SUITE A3 PERPENDICULAR TO THE BOUNDARY CARBONDALE, COLORADO 81623 LINES OF THE NORTH PARCEL (970) 704-0311 $0Pd$*1r0prf1WQ.0DM 25065 OMSMd 2S065 PLAT.OWG 111111 IIIiI 111111 till 1111111111111111111111111111111111 079 : /g20086f 114531 JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00 CONDOMINIUM MAP OF: MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 8 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, LIMELITE REDEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF THAT REAL. PROPERTY DESCRIBED AS FOLLOWS: SOUTH PARCEL LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT AS SHOWN ON THE PLAT RECORDED JULY 26, 2006 IN PLAT BOOK 80 AT PAGE 20 AS RECEPTION NO.526850 COUNTY OF PITKIN STATE OF COLORADO HAS BY THESE PRESENTS CONDOMINIUMIZED SAID PROPERTY INTO SIX (6) UNITS AND APPURTENANT COMMON ELEMENTS, MONARCH ON THE PARK, AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONARCH ON THE PARK, RECORDED J 2008 AS RECEPTION NO. EXECUTED THIS DAY OF 2008. OWNER: LIMELITE REDEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY BY: GENERAL MANAGEMENT SERVICES, INC., ACOLORADO CORPORATION, MANAGER BY: CERALD M. RIEUL, PRESIDENT OF CENERAL MANACEMENT 9ERVICE9, INC. STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2008, BY GERALD M. BIEHL AS PRESIDENT OF GENERAL MANAGEMENT SERVICES, INC., MANAGER OF LIMELITE REDEVELOPMENT LLC. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: MORTGAGEE CONSENT THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.506428 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS CONDOMINIUM MAP OF MONARCH ON THE PARK AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS _ DAY OF _ 2008. LIMELITE, INC., ACOLORADO CORPORATION BY: LEROY DALE PAAS, PRESIDENT OF LIMELITE, INC. STATE OF COLORADO) ) SS COUNTY OF PITKIN) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2008, BY LEROY DALE PAAS AS PRESIDENT OF LIMELITE; INC. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE CONSENT THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.532428 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS CONDOMINIUM MAP OF MONARCH ON THE PARK AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS _ DAY OF 2008. U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION. BY: PETER F.C. ARMSTRONG, JR., VICE PRESIDENT STATE OF )SS COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS JR. AS VICE PRESIDENT OF US BANK NATIONAL ASSOCIATION. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. DAY OF 2008, BY PETER F.C. ARMSTRONG, LOr 6 LOT K `� L gr M LOT N LOT O LOT P LOT I? LOT R LOT S FOUND 3.5" ALUMINUM CAP DREXEL l BARRELL GPS CONTROL AT THE APPROXIMATE INTERSECTION OF HOPKINS Z AVENUE AND GARMISCH STREET �S• HYMAN AVENUE S> t4k Z FOUND ,,L�5 REBAR ~ AND ALUM. CAP FOUND I' DIAMETER , L.S. #7168 PIPE (CITY MONUMENT) a. 7972 Si5°09'11"E 189.44' �. 0 p1 O i , O LOr I I LOT A LOT i3 O FOUND SECTION CORNER i 1 0 1 5��" REBAR hN� Pl,AST)G GAP, � L.S. ,¢ILLEGIBLE FOUND NAIL AND CAP L.SS. #2376 ' FOUND�#5 REBAR 13 IvORTO PARCEL AND P ASTIC CAP �OGtC Vi " / LIMEL.IC-fl-i IVi510hd/"( ' 0 L. S. #I LEGIBLE / i ` 119.62' , `p RE,-. 526 0 FOUND #5 REBAR p , I Q� LOT K ­7497 i LOr A I I FOUNDI NAIL AND WASHER ILLEGIBLE - S75°09 '11"E o i N 39.9>'1 0 �- a z LOT 5 LOTK I¢ LOT L LOT'M o h ;o Q � 1 � b 29.91' 29.91' 29.91' 29.91'1 Fou�lo NAIL ANC N75°09'99"W f�9.53' H CAPI L5. 112707 1 COOPER AVENLJE of SITE BENCMARK , �? SET #5, REBAR AND PLASTIC CAP L S. 28643 N75°09'»"W SET #5 REBAR AND PLASTIC CAP L.S. #28643 ELEVATION= 7916.70 6i9.f6' CS O , o MONARCH ON THE PARK .� SOUTH PARCEL LIMELIC*lT SUBDIVISION/PUP '. LOT- I REO acres± j ( L L ICI h, SET #5 AND PL SITICECAP Si5°09'11"E 269.>6'` L.S. #28643 �� LOr S LOT K LOT L LOT M LOT N L-Or O L Or P `LQr FOUND #5 REBAR AND PLASTIC CAP L.S. #9184 1) CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS 2) EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND ENCROACHMENT DETAIL 3) PARKING/LOWER LEVEL PLANS 4) BUILDING, FIRST FLOOR PLANS 5) BUILDING, SECOND FLOOR PLANS 6) BUILDING, THIRD FLOOR PLANS 7) BUILDING, SECTION VIEWS 8) BUILDING, ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 CONTROL MAP I r LOT K �I W o � O O � SET ,� REBAR AND PLASTIC CAP L.S. I J8643 FOUND,#5 REBAR AND P ASTIC CAP °p L.S. #1�6129 LOr R LOT 5- FOUND 3.5" ALU4 INUM CAP REXEL BARRELL GPS CQNTROL AT THE APPROXIMATE IN ERSECTION OF DURANT AVENUE AND GA(2MISCH STREET STAMPED PLS #28650 BEARS N.8358'�9E. 711.36' LOT A LOr K I RECEIVED OCT 21 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT GRAPHIC SCALE 50 0 25 50 100 200 SURVEY NOTES (IN FEET) 1 inch = 50 ft. 1) DATE OF SURVEY: AUGUST - OCTOBER 2008, 2) DATE OF PREPARATION: OCTOBER 2008. 3) BASIS OF BEARING: A BEARING OF S 14°50'49" W BETWEEN THE SOUTHEAST CORNER OF LOT I, BLOCK 76, CITY AND TOWNSITE OF ASPEN, A NAIL AND WASHER L.S. #ILLEGIBLE FOUND IN PLACE, AND THE NORTHEAST CORNER OF LOT S, BLOCK 77, A #k5 REBAR AND PLASTIC CAP L.S. #16129FOUND IN PLACE. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, '1959, GPS CONTROL MONUMENTATION MAP PREPARED BY DREXEL BARRELL, DATED SEPTEMBER 23,1999, THE IMPROVEMENT SURVEY OF SNOWFLAKE LODGE, RECORDED JANUARY 18,19% IN PLAT BOOK 49 AT PAGE 65, THE ALLEY VACATION PLAT OF A PORTION OF THE BLOCK 76 ALLEY, THE SUBDIVISION PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS; AS SHOWN. 5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARREL CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.BB' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7916.70 FEET ON THE SET REBAR AND PLASTIC CAP STAMPED L.S. #28643, MONUMENTING THE NORTHEAST CORNER OF SUBJECT PROPERTY, AS SHOWN. 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY FIRST NATIONAL TITLE RESIDENTIAL LLC UNDER FILE NO.08101572 EFFECTIVE DATE OF SEPTEMBER 19, 2008 . MAP NOTES 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA') ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUMMAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGEISUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 52689; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26; 2006 AS RECEPTION No. 526850. VICINITY MAP SCALE: I" =2000 TITLE CERTIFICATE REVIEW SET 10/20/08 THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF FIRST NATIONAL TITLE RESIDENTIAL, LLC, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO. DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19, 2008. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT FIRST NATIONAL_ TITLE RESIDENTIAL, LLC, NEIT44ER ASSUMES NOR WILL RE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY: DATE 2008. SANDY SIDUR-JOHNSON ADDRESS: 4500 CHERRY CREEK DRIVE SOUTH, 4970 GLENDALE, CO 81246 STATE OF COLORADO) )SS COUNTY OF ) THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS OF FIRST NATIONAL TITLE RESIDENTIAL, LLC. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL DAY OF 2008, BY SANDY SIDUR-JOHNSON AS TITLE OFFICER THIS CONDOMINIUM MAP OF MONARCH ON THE PARK WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT THIS DAY OF ,2008. COMMUNITY DEVELOPMENT DIRECTOR CITY COMMbM9Pt.8ftEt0FWENT ENGINEER APPROVAL 1 THIS CONDOMINIUM MAP OF MONARCH ON THE PARK , SHOWN HEREON, WAS APPROVED B'' THE CITY COMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN THIS DAY OF .2008. CITY COMMUNdViIIEVELeRMENT ENGINEER SURVEYOR'S CERTIFICATE r-rL ✓41 I MARKS. HECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM`M AP OF MONARCH ON THE PARK ; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN AUGUST AND SEPTEMBER 2008, THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDO MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE ACT, AND (6) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN IN 10,000. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19, 2008. MARK S. BECKLER, P.L.S. #28643 DATED ,2008. CLERK AND RECORDER'S ACCEPTANCE THIS CONDOMINIUM MAP OF MONARCH ON THE PARK IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK .M., THIS — DAY OF , 2008, IN PLAT BOOK AT PAGES , RECEPTION NO. PITKIN COUNTY CLERK AND RECORDER 28053.0210/20108 28053-CONDO-REZ.dwg IR 0 9 0 0 CONDOMINIUM MAP OF: 7 ROW BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N1309218111E IJNTu SOUN INTERIOR WALL BEARING ITO ) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 18.74' MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 8 EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND ENCROACHMENT DETAILS BUILDING ENCROACHMENT AREA NO.6 ROOF OVERHANG GRAPHIC SCALE 10 0 5 10 20 40 (IN FEET) 1 inch =1 Oft. r'LK rt1IJ VL,AI BUILDING ENCROACHMENT AREA NO. 7 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS BUILDING EXTERIOR AND EASEMENTS 502 MAIN STREET, SUITE A3 HORIZONTAL SCALE: 1'=10' CARBONDALE, COLORADO81623 (970) 704-0311 73.70' MAP NOTES 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERV�D AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUMAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGEISUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY A 2008 AS RECEPTION No. ON. REVIEW SET 10/20/08 RECEIVED ocl 21 N08 CITY OF ASPEN COMMUNITY DEVELOPMENT 74.9T ROW WIDTH 28053.0210/20/08 28053-CONDO-REZ,dvg 0 ♦ 0 0 0 0 CONDOMINIUM MAP OF: REVIEW SET S #S'BARAND pjAST1C CAP L.S #28643 MEC Oct AN/CgL 408§ T fry �E STgLRS .7 =i ELEVq �R i; v LCE C,7 ;' LaE HAN AL GIII R'WP v I'. `2 O (+ i Pi LCE- C z 4 cCE S�REBAR �D,VG �o41, ANp pLASrl C CAP L. S. #28643 BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) SLOCx, 77A4LSV MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 3 OF 8 PARKING/LOWER LEVEL PLANS LCE 4",S�-2 LCE 0. j 1, s cct ELEVgT� N . EDUiPyENr T S7 5D0 :i ccr S P cc EL£Vq N 7go g 1° SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS PLAN VIEW PARKING/LOWER LEVEL 502 MAIN STREET, SUITE A3 NOTICE:ASEDU UPON G TO DEFECT THIS AA SURVEYWITHINHCEAYEARSNY CARBONDALr, COLORAM 89623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS HORIZONTAL SCALE: 1' =10' AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. RECEIVED 10/20/08 OCT 21 2000 CITY OF ASPEN COMMUNITY DEVELOPMENT MAP NOTES 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SIJWGT TQ THESE DEYELQPMOT RIGHTS SET FQRTH IN THE DECLARATIQN, 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEM=NT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850. SET 7f5RSBARANppLASTjCC4P L.5 V8643 'ARK 3 7n GENERAL NOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM 28053.0210/20/08 28053-CONDO-REZ.dn 0 0 0 0 0 is CONDOMINIUM MAP OF: RECEIVED REVIEW SET 10/20/08 MONARCH ON THE PARK OU 21 2009 CITY OF ASPEN MAP NOTES COMMUNITY DEVELOPMENT A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 1.) ON SHEETS 3THROUGH 7OF8OFTHIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED ASTHE 'RESERVEDAREN)ARE PRESENTLY 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN SHEET 4 OF 8 GREY, SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS ARAND pgas RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. �'�-� SIPcs MAIN LEVEL PLANS ? 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS t�l (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. a " 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE J -�-"-- SUBDIVISION/PLANNEDONIT DEVELOPMENT AGREEMENT LIMELIGHT LODGEISUBD[VISION PLANNED UNIT DEVELOPMENT RECORDED JULY _ AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY � _._ 26, 20D6 AS RECEPTION No. 526848; A 26: 2006 AS RECEPTION No. 526850, rr UNIT WS-1 C 1 CE C^7 ` - y r v S)'A,R �OOAE�gVENUE 0 2 _ 03e;� _ SET#SREBgRAND Sf 0 3g/? 04 ._ _. _ . _ y`� ` PLASTIC �B`�NCHdyq " ~ I 1a 9 2 o 3a' ELEVA' _S_ *28643 O - - N Tg Td 6 L7929.61 CE ?e 3t � UNIT C-1pj.3a• 1 / r CO UNIT WS 3 0 `79".19 UNITP2 �y1 �792917 CE `t.?�34 2pg6, 2 J J O, '34 • O O 3 GCe A r sT , j' ( ; J /� 7927.98 CE L 7929.14 CE .77 a, } I 4!R , t f GCE AY ! 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E UN/ �#;: �. � � ` ` `r 7928.59 CE 1.301 L -� j BLC�CX7T gLLEV ��� T C ?� 7928.25 CE B7� I% } _47927.81 CE 0 r _ L 1� 7929 OB CE 28 59 71 ' 28BB i%E 79 CE 1.t0• 874' 05 CE �w ' [7927' r 2A84 03?, 3�0• fir' UT/U �9 1 i`, N8� i9Q6• f Og6,2 FA MENT 269.16 E ��iQ9' CE 62 [. • i °`-1 ill 7929.44 CE - ( _1 7929.04 CE v�r O 33 1,10• L7=17 (iF j 1 -_.__F( r 033' p i ; 0 1Q33. 03i' 7929.14 CE UNIT PS-2 12 073' BUILDING TABLE GCE -GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF- SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) :A ORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. PLAN VIEW MAIN LEVEL HORIZONTAL SCALE: 1' =10' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 0 96, 3.545 9q. H. 03 a 34 47929.72 CE / 7919.59 SF ; 77• 34 • a y 725 0.26' 1 ' j a,--7929.44 CE 087 j LCE UNIT 0?� hjr h PS-2 0.30, 0.89, 0,9q. r 7 , 00, ` 037 18?8 0.?040, / 7. 91 � 5' Il�; S #S/�BARAND P�S�C CAP L.S 43 GENERAL NOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM 28053.0210120108 28053-CONDO-REZ.d4 illI 9 0 0 0 0 00 0 S_r0SI?EBgRA1VO PLASl)C CAP L S' #28643 FL G,4 TOR CII STG EAY UNIT WS-3 SET SREBAR,! PLAST/C CgPL.a. #?8843 UNIT WS-2 tCE I/N/T 3 LCF GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. BUILDING TABLE GCE -GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE N6T 9EEN 17WU5E11 MOM THE UNIT SQUARE FOOT CALCULATIONS. N14'52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. LCF UN/T 4s'- LCF UN/T C_3 8' OC1(774LLE'Y CONDOMINIUM MAP OF: MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 5 OF 8 SECOND LEVEL PLANS 'ENCROAC ROp FRH,G No 6 M Cy gSEC44 UNIT C-3 S7G F11'AY F CC70ip F ST'Y* q - SA"O Chm,C, R � No LCE &A'/T C-4 04g, /J 4CE'7/N/T PS�3 1. COOPERAVFNUf 47941.52 CE 4V 4 7941.12 CE DECEIVED REVIEW SET UG 1 21 2008 10/20/08 CITY OF ASPEN MAP NOTES COMMUNITY DEVELOPMENT 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE 'RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECTTO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE P:R THE ENCROACHMENT EASEMENT AT PAGE 17OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGIT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848, AND PER THE FINAL PLAT OF LIAELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850. 7941.13 CE /^a E7939.86 CE 7939.86 CE P794110 CE O 4B 7940186 GE .i h ; O.y9. L 7940.02 CE 7940.62 C r (� ' r 1 -- 7939.88 CE 7940.62 CE 7940.63 CE J; / L794yT.12 -7940.06 CE 7940.6�CE,"% , 1 / 7941.13 N -j` b p 79 1. @9--�y¢ 7940.Ob CE J7R�• ' �, j I, 0--79 5 CE jl 7 H4LZWAY ..` 7940.06 CE / *.-•7941.0T tom # CE CCF /1 7940.59 CE r I" ? A,1 UNIT PS-3 r \ 2p7 24 p �, __ CE 3.771 9q.ft. 8' 8' _ 7931.59 SF 1 39.80 CE 7940.01 CE • ( 60 CE r/ {� A j It 14' �. -- $1 7941.18 CE h ( O' STq/ 7941.15 CE r-4 r 7940.10 CE �a K; , 1. F4�. A 1� ill LT r EE�9< I _ _ 7940.62 CE ? 67 l _ , ._ pcE OR n ^� LCF 7940.62 CE 1 `�.._ l pp 940. CE 6 rn -N/T c, i `�`�'�,.._ �sa1.o8 cE --y 1% _ 4 i7j7 6 CE7. 7940.63 CE J , 7941.13 CE µ` - 7940.61 CE 4; 7941.48 CE j < - I; .64 N j o !/N/T UNIT PS 4 / $ 09r' w2s ? i9' f nE 7939.89 CE 1 3.628 e�F D. 9• 16' 216 07 E 7�. f 7931.59 SF 4.73 ?. 81' 7941.18 CE --0 7939.87 CE J f ?.14' 7940.64 CE J 1260030 709, �?t Uy 17- PS`4 0.3p, 7941.20 CE -0 7939.88 CE 1g 14' 0.3p, p 96, 7941.16 CE -� 0 32, 7? 42. 031' 0. g0' Q 33' 7g 11 SOPRIS ENGINEERING - LLC PLAN VIEW SECOND LEVEL 502 MIAINCONSULTANTS STREET, SUITE A3 HORIZONTAL SCALE: 1' =10' CARBONDALE, COLORADO 81623 (970) 704-0311 Z7941.15 CE ,l jl r+lt l l 1/ !1 036'_ �9n%l SET #5REBARANDPLgST/CG4P SNCyMA !.$ R F' eVA7,ON . 41Q 99, 0 48'JJ L7941.46 CE M as o Q Q5+ o, 1 J C9 Q+ 2 0 6C-i go, 03 Z, 3?' U O A -/4:7 6..� = r/ 0 l 17941.48 CE � 6 7937.27' CE Q 6.00, viv 17941.32' CE LCE UNIT PS-4 O q 2po /. ,•�/p3 7.1s• 2 p8. 0.s S�17S BARAft P�S,7CCq P L.3. #28643 GENERALNOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURrAnI• TD UNFINISHED DRYWALL SURFAt,E INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM 28053.0210120108 28053-CONDO-REZ.dwg CONDOMINIUM MAP OF: SETSREBARAND P4AS77C C APL.S #28643 RppcC f Low R ;?,Pow, LCE UN17. p_ 3 l MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 6 OF 8 THIRD LEVEL PLANS UNIT P-3 LCE IjN/T p, 3 R �14- ee14ow S �5 �E - 1^ 4Ce SET #SREBgRAND pj,,lC S'I CAPL.S. #28643 BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES. IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) \\... oop BZ40W `l N 7.$009,11� w26g 16' SOPRIS ENGINEERING - LLC VIL ANTS PLAN VIEW THIRD LEVEL 502 MIAIN STREET,rSUITE A3 COOPERAVENUE DECEIVED REVIEW SET OCT 21 2009 10/20/08 CITY OF ASPEN MAP NOTES ^'.4"�iJNITY DEVELOPMENT 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTVELY DESCRIBED AS THE "RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISIONIPLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526950. SET #SREBARANDPLgS11CC APL.S'13 S�I�S,QEEgRANDPLASTiCCq BFNCHMAR ELEVAr, Uwf GENERALNOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM NOTICE: ACCORDING TOCOLORADO LAWYOU MUST COMMENCE ANYLEGAL CARBONDALE, COLORADD 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS HORIZONTAL SCALE: V =10' AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 28053.0210/20/08 28053-CONDO-REZ.dwg UNIT P-3 -- UNIT WS-3 LCE LCE. LCE LCE LCE LCE GCE LCE LCE LCE LCE C-3 C-2 WS-3 WS-3 WS-1 WS-1 C-4 C-4 C-3 C-3 LCE P 3 UNIT P-3 PC3 UNIT C-3 LCE WS-2 4AR5.13 7953.03_ 57.29 CE ARCH 795E 1 CE ARCH �7952.54 CE UNIT P-2 CE A UNIT P-1 -7943 5 SF �7941.48 CE -� �7941.46 CE UNIT PS-4 UNIT PS-3 11-7931.59i SF �7929.44 CE UNIT PS-2 I L779g29.13 CE ill I UNITPS-1 11-7919.65 SF I-7919.65 SF LICE LCE LCE PS-3 PS-2 PS-2 3AR5.10 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 1-2AR5.12 CONDOMINIUM MAP OF: REVIEW SET MONARCH ON THE PARK RECE'v u 10/20/08 our 21 2008 A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP r0 1'rN'rooFAE o Nr 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 7 OF 8 CROSS SECTION VIEWS 7953.34 CE i 7953.65 CE _ �7954.87 CE L7953.94 CE C7953.68 CE UNIT P-\`79358, CE h _ 79452.02 CEO-� `79t453.09 CE /-79453.30 CE -� - - 179452L 50 CE' CI �, UNIT P 2E 179453.37 CE 79451.9 CE-7943._- L 7941. 8 CE "027949g0.E1PS0 05 CE 7940.101 '94 6 CE 7928.E i-7943.58 SF - s28.68--CF,' -7" q92& CE "T- l��gg gg 55 UN �P7gyy 8.B '� CE 7929.04> 79 4, 141 010CE 7927.87 CE' L7928. 03 � 43 58 7927.90 CE 7LCECiP�2 P CROSS SECTION VIEWS HORIZONTAL SCALE: 1' = 20' VERTICAL SCALE: V = 20' LCE P-3 UNIT WS-3 �It I I�I SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 3AR5.13 UNIT WS-2 LE LCE UNIT P-3 PC3 3AR512 [ 7940.02-� 17941 48 CE 7940.10 CE 17941.52 CE y UNIT PS-4 UNIT PS 3 R �7931. SF !! UNIT PS-2 =UNI-1 -7919.65 SF1-7919. 65 SF 1 LCE LCE P-2 C-2 KEY MAP HORIZONTAL SCALE.- I' = 50' 1AR5.13 28053.0210/20106 28053-CONDO-REZ.dvvg 0 0 1 CONDOMINIUM MAP OF: NL)N I H tLtVA I ION VIEVVS HORIZONTAL SCAT F 1' =10' SOUTH ELEVATION VIEWS HORIZONTAL SCALE: 1' =10' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO - .,--I —70Ut Od O/YY EAST ELEVATION VIEWS HORIZONTAL SCALE: 1' =10' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 WEST ELEVATION VIEWS HORIZONTAL SCALE: 1' =10' RECEIVED OCT 2 1 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT 157.70 ROOF K REVIEW SET 10/20/08 28053.0210/20/08 28053-CONDO-REZ.dwg 0 • 10 0 CONDOMINIUM MAP OF: MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 8 CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, LIMELITE REDEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNER OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: SOUTH PARCEL LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT AS SHOWN ON THE PLAT RECORDED JULY 26, 2006 IN PLAT BOOK 80 AT PAGE 20 AS RECEPTION NO.526850 COUNTY OF PITKIN STATE OF COLORADO HAS BY THESE PRESENTS CONDOMINIUM IZED SAID PROPERTY INTO SIX (6) UNITS AND APPURTENANT COMMON ELEMENTS, MONARCH ON THE PARK, AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONARCH ON THE PARK, RECORDED 2008 AS RECEPTION NO. EXECUTED THIS DAY OF 2008. OWNER: LIMELITE REDEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY BY: GENERAL MANAGEMENT SERVICES, INC., A COLORADO CORPORATION, MANAGER BY: GERALD M. BIEHL, PRESIDENT OF GENERAL MANAGEMENT SERVICES, INC. STATE OF COLORADO) )Ss COUNTY OF PITKIN ) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2008, BY GERALD M. BIEHL AS PRESIDENT OF GENERAL MANAGEMENT SERVICES, INC., MANAGER OF LIMELITE REDEVELOPMENT LLC. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: MY ADDRESS IS: MORTGAGEE CONSENT THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.506428 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS CONDOMINIUM MAP OF MONARCH ON THE PARK AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS DAY OF 2008. LIMELITE, INC., A COLORADO CORPORATION BY: LEROY DALE PARS, PRESIDENT OF LIMELITE, INC. STATE OF COLORADO) )Ss COUNTY OF PITKIN) THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC DAY OF 2008, BY LEROY DALE PAAS AS PRESIDENT OF LIMELITE, INC. MORTGAGEE CONSENT THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.532428 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS CONDOMINIUM MAP OF MONARCH ON THE PARK AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN. DATED THIS DAY OF 2008. U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION. BY: PETER F.C. ARMSTRONG, JR., VICE PRESIDENT STATE OF 1 ) SS COUNTY OF 1 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS JR. AS VICE PRESIDENT OF US BANK NATIONAL ASSOCIATION. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. DAY OF 2008, BY PETER F.C. ARMSTRONG, SHEETINDEX LOT' S LOT K w;,' L.OT M L.OT N LOT O LOT P L-OrQ LOT• R L-Or S FOUND 3.5" ALUMINUM CAP DREXEL ,j1 -00 BARRELL GPS CONTROL AT THE APPROXIMATE IIjITERSEC77ON OF HOPKINS z 4RMISCH AVENUE AND STREET tt 7 FOUND I" DIAME7EJR ~ ~ PIPE (CITY MONUI 79.72' I '5.3• � p s uw , LOT I I LOT A L or t5 e O b ` r FOUND NAIL AND w CAP L.S. ff2376 29.91' 29.91' 19.91' FOUND AND P # 5 REBAR 4 �LO�iK � STIC CAP i " 1 L S EGISLE i " 119.62' HYMAN AVENLf- FOUND #5 REBAR AND ALUM. CAP L.S. 17168 S75"09'11"E 189.44' FOUND SECTION CORNER 518' REBAR AND PLASTIC-.' CAP_ L. S. PLLEGIBLE LOT K - - _ I p 74.9�' --I LOT' A - rFOUND NAIL AND / WASHE ILLEGIBLE NGRTTI PARGEI- LIMELI%t1T 5i,CFAVI51/N/PLV REG. #2�g5� �- FOUND5 REBAR p F a S7'S 09'1>"E o " N 39.91' W o Q O = h LILT S L OF K LOT' L LOT M Z O ;� I¢ h Q vz 29,91' 29.91' 29,91' '14 FOU D NAIL AND N75°09'11" IF >49.53' CA L.S. #2707 COOPER AVENL,+E b -----------------------,�1�--�- SET 45, REBAR , SITE REBAR AN ^ SET ,K5 REBAR AND (w , AND PLASTIC CAP PLAS77C CAP L.S. 128643 I � L.S. 28643 ELEVATION=7916.70 O ' O p MONARCH ON THE: PARK SOUTH PARCEL LIMELIGHT 61WIVISION/PLD Ilk LOT I rest b 114n SET ,#5 REBAR S75009'11"E 269.16'` AND PLASTIC CAP L.S. f28643 BLOCK 77 \ LOT 6 LOT K LOT L LOT- M L.OF N LOT O LOT P L( T FOUND 45 REBAR AND PLASTIC CAP r L.S. f9184 , 1) CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS 2) EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND ENCROACHMENT DETAIL 3) PARKING/LOWER LEVEL PLANS 4) BUILDING, FIRST FLOOR PLANS 5) BUILDING, SECOND FLOOR PLANS 6) BUILDING, THIRD FLOOR PLANS 7) BUILDING, SECTION VIEWS 8) BUILDING, ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 CONTROL MAP L-OT K O � O O ti SET 15 REBAR AND PLASTIC CAP L.S. �8643 .F FOUND Ijf5 REBAR ^ I AND P ASTIC CAP °p L.S. 116129 L-Or R L.OT 5 FOUND 3.5" ALUMINUM CAP REXEL BARRELL GPS CQQN�7ROL AT THE APPROXIMATE IN►ERSECT/ON OF DURANT AVENUE AND GAFMISCH SON STAMPEG PLS f28650 BEARS N.83-8P97E. 711.36' L.OT A LOT K GRAPHIC SCALE 50 0 25 50 100 200 SURVEY NOTES (IN FEET) 1 inch = 50 ft. 1) DATE OF SURVEY: AUGUST - OCTOBER 2DD8. 2) DATE OF PREPARATION: OCTOBER - NOVEMBER 2008 RECEIVED NOV 0 4 2008 CITY OF ASPE1'N1I COMMUNITY DEVELOPlT 3) BASIS OF BEARING: A BEARING OF S 14°50'49" W BETWEEN THE SOUTHEAST CORNER OF LOT], BLOCK 76, CITY AND TOWNSITE OF ASPEN, A NAIL AND WASHER L.S. #ILLEGIBLE FOUND IN PLACE, AND THE NORTHEAST CORNER OF LOT S, BLOCK 77, A #5 REBAR AND PLASTIC CAP L.S. #16129FOUND IN PLACE. 4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15,1959, GPS CONTROL MONUMENTATION MAP PREPARED BY DREXEL BARRELL, DATED SEPTEMBER 23,1999, THE IMPROVEMENT SURVEY OF SNOWFLAKE LODGE, RECORDED JANUARY 18,1996 IN PLAT BOOK 49 AT PAGE 65, THE ALLEY VACATION PLAT OF A PORTION OF THE BLOCK 76 ALLEY, THE SUBDIVISION PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN. 5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARREL CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720.88' (NAVD 1988) ON THE NGS STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7916.70 FEET ON THE SET REBAR AND PLASTIC CAP STAMPED L.S. #28643, MONUMENTING THE NORTHEAST CORNER OF SUBJECT PROPERTY, AS SHOWN. 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS DESCRIBED IN NOTE 4 AND THE TITLE COMMITMENT PREPARED BY FIRST NATIONAL TITLE RESIDENTIAL LLC UNDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19, 2008 MAP NOTES 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA'S ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISIONIPLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGEISUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No.526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526650. TITLE CERTIFICATE L VlL� ... a 'r • "I II! ''I1 , 1 `'•' • , 1 S a7 SylrOsfu�' TL�t�lj9h (. tl`; •� �'S. ..ta .N tlro 4Wis3nr I •i. uLf jK�II I vt I • I s- ,'w T �. 4 ; k N "c T nr Rif : ( I pA,�, x 'r.' , '. +4 V� w '•+'"'"'•.•,+ ° � �i-'-{� �• ,�_.+,! 3. ¢ •i 'I '� ,.. 1 .. r��d ice' �..- a1' � 'w �,! ,` Y � ��. 4 1,..•ti � o r ! p t 1 A t ,.4 ryi 'w. 9: �'' t ' Yy _ 1'•c•, 'Ir- '�T F ; I Y' 1 J:•_ , If ram' r _ _ � E '� � t I �,. `� y .: f - ° i,' •• t 1. ti VICINITY MAP SCALE: I" = 20M REVIEW SET 11 /03/08 THE UNDERSIGNED, A DULY -AUTHORIZED REPRESENTATIVE OF FIRST NATIONAL TITLE RESIDENTIAL, LLC, REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE PERSONS LISTED AS OWNERS ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS ANC) ENCUMBRANCES EXCEPT THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDER FILE NO.08101572, EFFECTIVE MATE OF SEPTEMBER 19, 200B. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO BE COMSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT FIRST NATIONAL TITLE H2ESIDENTIAL, LLC, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED THEREIN. BY: DATE 2OD8 SANDY SIDUR-JOHNSON ADDRESS: 45DO CHERRY CREEK DRIVE SOUTH, #970 GLENDALE, CO81246 STATE OF COLORADO) )SS COUNTY OF _ ) THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS OF FIRST NATIONAL TITLE RESIDENTIAL, LLC. WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL DAY OF 2008, BY SANDY SIDUR-JOHNSON AS TITLE OFFICER THIS CONDOMINIUM MAP OF MONARCH ON THE PARK WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT THIS DAY OF .2008. COMMUNITY DEVELOPMENT DIRECTOR CITY COMMUNITY DEVELOPMENT ENGINEER APPROVAL THIS CONDOMINIUM MAP OF MONARCH ON THE PARK , SHOWN HEREON, WAS APPROVED BY THE CITY CCMMUNITY DEVELOPMENT ENGINEER OF THE CITY OF ASPEN THIS DAY OF 2DD8. CITY COMMUNITY DEVELOPMENT ENGINEER SURVEYOR'S CERTIFICATE I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF MONARCH ON THE PARK ; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNITS IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN AUGUST AND SEPTEMBER 2008; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 3851-1D6; THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDO MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-2D9 OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 10,000. RECORDED EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19, 2008. MARK S. BECKLER, P.L.S. #28643 DATED 2008. CLERK AND RECORDER'S ACCEPTANCE THIS CONDOMINIUM MAP OF MONARCH ON THE PARK IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK .M., THIS DAY OF 2008, IN PLAT BOOK AT PAGES RECEPTION N0. PITKIN COUNTY CLERK AND RECORDER 28053.02 11/03/08 28053-CONDO-REZ.dn CONDOMINIUM MAP OF: • i 75.30' R W WIDI F— w w F- z w a BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS, THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75`07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 2 OF 8 EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND ENCROACHMENT DETAILS BUILDING ENCROACHMENT AREA NO.6 18.74' PROPERTY BY AN ELECTRICAL TRANSFORMER AND ITS APPURTENANT UNDERGROUND LINES RECEIVED NOV 0 4 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT „�.. L.. , ..,,.,,,.w+wuu.,w.r.+.,:.axxurwromxwwuwnnxro,wuwnwaxnw,nnuwnnrnn,mur�rrxnwnvx��w�uoimnnrmirnw.nMur•y,xx•rvr,amnrvr„•,.wvem.,.,•...��„nm.wm...w.-..».x..+,.,,..,......,«.,..-....:... _ I GRAPHIC SCALE 10 0 5 10 20 40 MAP NOTES --- 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE ( IN f-EET) SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN 1 IDCh = 10 ft. GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISIOWPLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGEISUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISIONIPLANNED UNIT DEVELOPMENT RECORDED JULY 26 2006 AS RECEPTION No. 526850. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS BUILDING EXTERIOR AND EASEMENTS 502 MAIN STREET, SUITE A3 HORIZONTAL SCALE: 1'=10' CARBONDALE, COLORADO81623 (970) 704-0311 REVIEW SET 11 /03/08 74.97' ROW WIDTH 28053.02 11f03108 28053-CONDO-REZ.dwg • • • • s M J CONDOMINIUM MAP OF: .MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SET #5REBARANO SHEET 3 OF 8 p�ST7CCApt.S��3 PARKING/LOWER LEVEL PLANS / MECace A H N/ 4Cf �^ CAC C'7 z0" C_z ECEV CCE C' 1 MEC qh/CAC GCE HAC,, 'CAC GCE CCE C_7 �^ CCE' C. COOPERAVENUE CCE C-2 /o 11 1I CCE pS ' l $CCE OS, 7 O l l� CCE pS 3 '0 00- Kea REVIEW SET RECEIVED 11/03/08 NOV 0 4 2008 CITY OF ASPEN COMMUNITY DEVELOPMENT MAP NOTES 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA") ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY, SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN 15 SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 626850. SET #S�BAR'%D PCAST/� �qp ENCyMAR LS K E4EV4TION,7916�'43 voGO vj �CEPS-2 7000, CCE PS f QQi 70 00, J� �5.21, v� CC GCE t � E {ys S�#5/iEB �p 7NG CCE CCE p� 4 ARANp p7CE�� ` \ WS,7 L. \ 5643 TR7Cg4 CCE C-4 tL , z.u. L CCE C-4 BUILDING TABLE GCE -GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, IREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE IRE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14052'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75'07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. PLAN VIEW PARKING/LOWER LEVEL HORIZONTAL SCALE: 1' =10' N,5oOg 1 1 ' w269_ 16, SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SET #SREBARAND PCAST/C CAP C.SV8643 w CO V 2 z GENERAL NOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM 28053.0211103/08 28053-CONDO-REZ.dwg RE CONDOMINIUM MAP OF: MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SFr#SRESARANDPLABc- SHEET 4 OF 8 r-4PI-3 _ MAIN LEVEL PLANS UNIT WS-3 M h J srG eWAY �AS77C C API-$ 3 BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°OT58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEYEARS AFTER YOU FIRST DISCOVER SUCH DEFECT, IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. UNIT WS-1 LC tr srgG�WA r PgRk C� A'AMP SI"41RW GE AY C tt,E UAI/r 0_1 "' "T C, SLOCK77A(4FY 4Ce uNr c;, UNIT C-1 !GCE T - r� RANSFOA'MEj,� H /V 7go0\ Eq'�MFHr 4CE UJV/7. C,2 UNIT C-2 4CE UNrr C ? - l GnE �twgy 19 f! 0 GE N613g� f 14,X08. 1,9 0 7 .33• SOPRIS ENGINEERING - LLC CNSULTANTS PLAN VIEW MAIN LEVEL 502 MIAIN VIL STREET, SUITE A3 HORIZONTAL SCALE: V =10' CARBONDALE, COLORADO 81623 (970) 704-0311 CpppFRAVSNUE S� REVIEW SET RECEIVED 11 /03/08 Nn� 0 4 1008 MAP NOTES ,�pEI� 1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS�GiE6} ECTIVELY DESCRIBED AS THE "RESERVED AREA'? ARE PRESENTLY UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETION OCONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPLEMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY, SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850. 6 65• '_ 0.9?t3e 0 34' 1. O SFT#SRESAR AND PLASTIC CAIPSf NCHMARK -: , FLFVATION;7g1s , L7929.61 CE 1 /1 7929.19 CE , 1.2/ 0 3 _.-... j 4 � 2 96 792917 CE 7.98 CE ((J L 11 3q � 07' 792� 7929.14 CE / 17 7929.18 }f H 7928 08 CE L7927.92 CE 7927 94 CE 7 ,. 7928.66 LIE [� '� 045•� y j /;'% 7928.67 CE j A 0 50' l CE 7928.06 CE / i It 79 IO CE 7929.13 CE r W }7 b L ; UNIT PS-1 929.48 CE �i 84 CE '� i r Qi r' j fr t L7928.86 CE -� 3 626 sq.it. L � 7919.85 SE I 3 792A84 C `r, 7928 62 CE j B O4 Of !� 2418'7 _ ;" 30' 2 p3, 7928 86 CE 1.36' .--7929.13 CE 0 7 0 �7 9 �� 7 _ 34 f ^ ?S' L7928.53 % 3912 .; /ft s 1 1 I 1�. 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INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES: IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. MONARCH ON THE PARK RECEIVED "'V 0 4 2006 MAP NOTES CITY OF ^�•—" A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 1) ONSHEETS 3THROUGH 70F80FTHIS MAP, CERTAIN AREAS 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO UNDER CONSTRUCTION AND SHALL BE MAPPED UPON COMPLETI SUPPLEMENTAL CONDOMINIUM MAPS AND ONE OR MORE SUPPL PLAN VIEW SECOND LEVEL HORIZONTAL SCALE: V =10' SHEET 5 OF 8 SECOND LEVEL PLANS ENC1;04CH,4fz LC�RGNo. 7 N,5o09 l �268.96' SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 REVIEW SET 11 /03/08 (COLLECTIVELY DESCRIBED AS THE "RESERVED AREA') ARE PRESENTLY ON OF CONSTRUCTION, AND SHALL BE DEPICTED IN ONE OR MORE EMENTS TO THE DECLARATION. THE RESERVED AREA IS SHADED IN GREY. SEE ARTICLE 16 OF THE DECLARATION FOR DECLARANTS RESERVED RIGHTS ASSOCIATED WITH THE RESERVED AREA. THIS RESERVED AREA AS SHOWN AND DESCRIBED HEREIN IS SUBJECT TO THOSE DEVELOPMENT RIGHTS SET FORTH IN THE DECLARATION. 2.) EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26. 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850. SETS REggR qND PLgSt/C CgPL.S.'13 GENERALNOTES PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS -BUILT DIMENSIONS AND ELEVATION INFORMATION INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL SURFACE TO UNFINISHED DRYWALL SURFACE INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING OR CONCRETE TO UNFINISHED DRYWALL SURFACE OR BOTTOM STRUCTURAL BEAM 28053.02 11 /03108 28053-CONDO-REZ.dwg • CONDOMINIUM MAP OF: MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SET#5 SHEET 6 OF 8 REBgRANOPLASTICCAPLS THIRD LEVEL PLANS �43 Rpp�BEGOH. E ROOF BELOw LCE UN/T P, 3 ST 4 EWA, Y SICk57ZE8ARANDPLAST/C - ROO BE(011 C APL.S.426643 u BUILDING TABLE GCE - GENERAL COMMON ELEMENT LCE - LIMITED COMMON ELEMENT SF - SUBFLOOR CE - CEILING EXCEPT FOR THE RESERVED AREAS THAT ARE SHOWN IN GREY, AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE ARE GCE. INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS, N14'52'021 NORTH -SOUTH INTERIOR WALL BEARING (TYP.) S75'07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.) NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 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EXCEPT FOR THE RESERVED AREA, ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) OF THE CONDOMINIUM MAP OF MONARCH ON THE PARK UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UPJITS. 3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17OF THE SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848, AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850. ., GCE UN/T p�7 u. 7.8,5• j ✓ 7953.68 CE2g 6p, L 7953.94 CE i� /�/ 3 7953.65 CE ?' 0,30 iI 7952.14 CE 0 97' ?0. i3' >1 / 7953 58 CE 0 B9' o SE7#5 REBARANo PLASTIC CAPBENCHMAR FCEV47-,pN,,9 8643 �7951.92 CE UNITP-1 r "� 794g, 08 3,5eq.ft. 1 7. CE r 79551.90 ! 7943 5B SF i r 7 90' 0, 47� �- 7951.69 C 0 ? 1� CE ARCH >>. 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IN NO EVENT MAY ANY ACTION VERTICAL SCALE: 1'=20' (970) 704-0319 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. .3/AKo. -I -I EcEIVE p Ivov d 1008 IY F P�N'0CMTUNITOVDEAL0^T LCE P-3 UNIT P-3 17953.65 UNIT 17941.48 CE �79 10 UNIT PS-4 KEY MAP HORIZONTAL SCALE.- I' = 50' UNIT 3AR5.12 PS-3 UNIT PS-1 LCE P-3 REVIEW SET 11 /03/08 28053.0211103108 28053-CONDO-REZ.dwg a 0 ! ♦ • • • • CONDOMINIUM MAP OF: NUK I H UE VA I IUN VIEWS HOR17ONTAI SCAT P 1' =10' SOUTH ELEVATION VIEWS HORIZONTAL SCALE: 1' =10' NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. HORIZONTAL SCALE: 1' = 10' MONARCH ON THE PARK A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 WEST ELEVATION VIEWS HORIZONTAL SCALE: 1' =10' RECEIVED Mill , . 70 ROOF REVIEW SET 11 /03/08 28053.0211/03/08 28053-CONDO-REZ.dwg