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Home My WebLink AboutLand Use Case.410 S West End St.0031.2009.ASLU_0031.2009.ASLU 2737 182 91 006 410 S WEST END ST SUBDIVISION EXE. ~ 1- . h -c# 1 ___1---------A 130*10701*b E Ca __ f . r- U . Â· 0 ,2~ ~ ~Â· 'â€¢f - Q Â·-3- ~ - * -Â· -Â· i Â·or . not-- . ' .........: $*.-Il k.. I. I - . 4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0031.2009.ASLU PARCEL ID NUMBER 2737 182 91 006 PROJECTS ADDRESS 410 S WEST END ST PLANNER DREW ALEXANDER CASE DESCRIPTION SUBDIVISION EXE REPRESENTATIVE LENONARD OATES DATE OF FINAL ACTION 6.20.2009 CLOSED BY Angela Scorey on 07/29/2009 .. 293? 1929100u [ZI Permits Ble Edit Record Navigate Ferm Reports Format Tab Melp * 9 4X k e -~ g - G# 16) _3 6 2- . H 4 . 4 0 *1 96 lump 1 2 9 - 9 6 - 2 11 6 2 21 J .. :...].49 0 J L . J Main | Custom Fields li Feel Fee SummarM_lpluation |Actions ||Routingklistory Conditions | Parcels ; Subpermits | Permit Type aslu - CIAâ‚¬Lur. Permit # |0031.2009.ASLU Address |410 5 WEST END ST ~. Apt/Suite ~ CRM |ASPEN State ~CO _~| Zip |81611 ~I Permit Information ~ Master Permit | g| Routing Queue |aslu07 Applied ~05/22/2009 j Prolect 1 -21 S tatus |pending Approved | ~J Description ~SUBDIVISION EXEMPTION Issued ~ Final 1 ful --J Submitted |LEONARD OATES 920-1700 Clock ~Running Days E---3- Expires 05/17/2010 -j Owner Last Name ~410 WEST END, LLC â‚¬| First Name | 306 S GARMISCH ST ASPEN CO 81611 Phone ~ 12 Owner Is Applicant? Applicant Last Name |410 WEST END, LLC 11 First Name | 1306 S GARMISCH ST ~ASPEN CO 81611 Phone ~ Cust # |28575 21 Lender - Last Name | .21 First Name | Phone ~ Enter the permit type code 1 SaloN )10!no xoqloo sdnog gel .. Page 1 of 2 1111111111111111111111111111111111 f Print Date: Pitkin Countv Transaction #: 17894 6/26/2009 11:54:58 Janice K. Vos Caudill Receipt #: 200903911 AM Clerk and Recorder Cashier Date: 6/26/2009 11:54:46 AM 530 East Main Street Aspen, CO 81611 (LDEAN) (970) 429-2707 www.PitkinCierk.org Customer Information Transaction Information Payment Summary DateReceived: 6/26/2009 Source Code: Over the Counter (OATHUG) OATES KNEZEVICH & Over the GARDENSWARTZ Q Code: Counter Total Fees $298.00 533 E HOPKINS ST Over the Total Payments $298.00 Return Code: ASPEN, CO 81611 Counter Trans Type: RECORDING Agent Ref 410 WIEST Num:END 6/46: 2 Payments $29.30 Ek| CHECK 30904 Â£21 ESCROW $268.70 3 Recorded Items BKUPC: 0/0 Reception: 560265 Date:6/26/2009 23 (CONDO 11:54:33 AM DECLAR) CONDQMINIUM From: To: DECLARATION Recording @ $6 for 1 pg and $5 for 2 or more pgs 26 $131.00 $1 Surcharge BK/PG: 91/26 Reception: 560266 Date:6/26/2009 [RE] (PLATOPLAT 11:54:34 AM From: To: Plat Recording @ $10 perpage $1 Surcharge 7 $71.00 BK/PG: 0/0 Reception: 560267 Date:6/26/2009 [RLI (DEED RESTRICT) DEED 11:54:35 AM RESTRICTION From: To: Recording @ $6 for 1 pg and $5 for 2 or more pgs 19 $96.00 $1 Surcharge Deed Doc Stamps @ $0.10 per $1000 0 $0,00 1 1 file://C:\Program Files\RecordingModule\default.htm 6/26/2009 .. THE CITY OF ASPEN Land Use Application 't Determination of Completeness Date: May 28,2009 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0031.2009.ASLU, 410 S. West End - Condominiumization. The planner assigned to this case is Drew Alexander. O Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City o f Aspen Planner reviewing the land use application. ~~Iour Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. 00Â«4/Â« Jennifer Phelka._Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\planning\Templates\Templates\Land Use Cases\Completeness Letter Land Use.doc .. ATTACHMENT 2 -LAND USE APPLICATION PROJECT: Name: 410 West End Townhomes Condominiums Location: 410 West End, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 970-920-1700 APPLICANT: Name: 410 West End , LLC Address: 306 S. Garmisch, Aspen, CO 81611 Phone #: 2737-182-91-001 REPRESENTATIVE: Naine: Leonard M. Oates/ Oates, Knezevich, Gardenswartz & Kelly, P.C. Address: 533 E. Hopkins Ave., 3rd Floor, Aspen, CO 81611 970-920-1700 Phone #: TYPE OF APPLICATION: (please check all that apply): GMQS Exemption U Conceptual PUD U Temporary Use GMQS Allotment U Final PUD (& PUD Amendment) Text/Map Amendment Special Review ~ Subdivision U Conceptual SPA ESA - 8040 Greenline, Stream 8 Subdivision Exemption (includes U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split U Small Lodge Conversionl Expansion U Residential Design Variance El Lot Line Adjustment U Other: El Conditional Use EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) New constructed residential condominium- two (2) free market units and three (3) deed restricted affordable housing units PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of newly constructed residential building. Project approval per Oridinance #9, series of 2006. All conditions of Ordinance met. Have you attached the following? FEES DUE: S 735.00 E Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 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 gwria Iv E 0 (Microsoft Word Format) must be submitted as part of the application. Large scale prol~n,m,â€¢Rl incru electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. MAI 22 CITY 0 4 COMMUNID :NT 0000 .. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and 4 10 West End, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Condominiumization of five (5) newly constructed residential units (hereinafter, THE PROJECT). at 306 S. Garmisch, Aspen, Colorado 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 application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735.00 which is for three ( 1 )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 ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 410 West End, LLC By: By: 797-1 -K ---, Chris Bendon Community Development Director Date: Billing Address and Telephone Number: c/o Oates, Knezevich, Gardenswartz 5, W. 11 - P 7 I. 533 ~. Hopkins ave., Bid Floor Aspen, CO 81611 Attn: Leonard M. Oates -I / t. .. AUTHORIZATION TO FILE APPLICATION FOR CONDOMINIUMIZATION I, John R. Provine, Manager of 410 West End, LLC and authorized representative and owner of the properties at 410 West End ("Owner"), hereby authorize Leonard M. Oates of Oates, Knezevich, Gardenswartz & Kelly, P.C. to represent the Owner in the matter of the Application for Condominiumization of the property and all related matters. Dated this ; |Siday of f~.~ ,2009 JÂ¢hn R. Provine, Manager of 410 West End, LLC STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this Oj day of , 2009 by John R. Provine, as Manager of 410 West End, LLC. Witness my hand and official seal. My commission expires: 013-29- Notary Public CHRIS DEELY NOTARY PUBLIC ~ STATE OF COLORADO My Commission Expires 05/16/2011 VICINITY MAP OF: 410 WEST END TOWNHOMES A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO : f .: -5. ... L. ~ .i\.rl * 4. ... -4, '. '* . \'t' -- 1EO,â€ž>t<, \ . I . I . 0 / I . -----1 1. . .t 0- hi, t:. ABPI $ ~f~fâ‚¬*,42<1 2 44 : '.. 1 Â»1'; \1 ~ 11%\ / , 4 - ~ijn, i 02 4*4'h \\lf I ~* 24< 21 funnel 6 0.... . 0 . i. 'I .: ./1,1,17 9Shl't..0.-2,43:.\*11''A'. - ... . ..... 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I F gl' l ././ 1 -1 t VICINITY MAP SCALE: 1" = 1000 SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBON[JA.E. COLORADO 8'623 t (9701 704.03 1 sopns@sopiseng.com 29065.01 05/18/2009 29065 CONDO.DWG .. 08/29/2006 10: 311 527924 Page: 1 of 12 JANI_E K VOS CA- - ILL r ITKIN CO- TY CO R 61.00 0 0.00 SUBDIVISION AGREEMENT FOR 410 WEST END CONDOMINIUMS SUBDIVISION THIS SUBDIVISION AGREEMENT ("Subdivision Agreement") is made and entered into this .19 day of Â¢tuf/5 0- , 2006, by and between THE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City"), and JOHN R. PROVINE & RONALD E. SODERLING TRUSTEE OF THE SODERLING LIVING TRUST U/Da FEBRUARY 20, 1996 (hereinafter collectively referred to as "Owner"), WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Subdivision Plat of a parcel of land situated within the City of Aspen, Colorado and more particularly described as Lots A and B, Block 118, City and Townsite of Aspen, Colorado which was subsequently subdivided into Cooper Apartments Condominiums, according to the Condominium Map thereof recorded December 9,1998 in Plat Book 48 at Page 6 as Reception No. 425291 and as defined and described in the Condominium Declaration recorded July 20,1989 in Book 597 at Page 709 as Reception No. 208590, both of the records of Pitkin County, Colorado, the condominium regime of which was terminated by the Owner's predecessor in title (as the Owner of all the four (4) condominium units thereof) by document recorded June 15, 2006 as Reception No. 525243 of the records of Pitkin County, Colorado (hereinafter referred to as the "Subdivision Plat"), said property being hereafter designated and known as the "410 S. West End Condominiums Subdivision"; and WHEREAS, City has fully considered the Subdivision Plat, the proposed development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, under the provisions of Ordinance No. 9 (Series of 2006) adopted by the Aspen City Council on May 8,2006, the City has imposed certain conditions and requirements in connection with its approval of the 410 West End Condominiums Subdivision and its execution and recordation of the Subdivision Plat, 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 the City in approving the 410 West End Condominiums Subdivision and the Subdivision Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, and pursuant to Section 26.480.070.A of the Aspen Municipal 1 527924 Page: 2 of 12 08/29/2006 10.31; JANICE K VOS CAUD.-- PITK N COUNTY Co R 61.00 0 0.00 Code, City and Owner have executed and recorded on , 2006 the Subdivision Plat in Plat Book at Page _ , as Reception No. in the O ffice of the Clerk and Recorder of Pitkin County, Colorado. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the approval, execution and acceptance of the Subdivision Plat, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I ZONING AND REGULATORY APPROVALS 1.1 Pursuant to Resolution No. 8 (Series of 2006), adopted on February 7, 2006, the City of Aspen Planning & Zoning Commission ("P&Z") approved with conditions, development of affordable housing, and recommended that the City Council approve with conditions, the 410 West End Condominiums Subdivision and condominiumization to construct two (2) free market residential units and two (2) deed restricted affordable housing units to be located on the property located at 410 S. West End Street and legally described in the first Whereas clause hereof. 1.2 Pursuant to Ordinance No. 9 (Series of 2006) adopted on May 8,2006 and recorded as Reception No. , the Aspen City Council approved the 410 West End Condominiums Subdivision, with conditions, increasing the number of deed restricted affordable housing units to three (3), approved the eventual condominiumization of the project to define the separate ownerships therein by the recording of a condominium map in compliance with the current (at the time of condominium map submission) requirements o f the Community Development Engineer. In the event of any inconsistency between the provisions of the above-described Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the provisions of this Subdivision Agreement shall control. ARTICLE II DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Floor Area Limitations. The building will contain two (2) free market dwelling unit and three (3) affordable housing units (the "AH Units"). The total fioor area of the building is limited to 7,500 square feet of "floor area", as defined in the Aspen Municipal Code on the date of building permit application, which may be allocated between them as determined by the Owner. AH Unit 1 is a studio unit which shall contain a minimum of 400 square feet of net livable area as defined in the Aspen Municipal Code on the date of building permit application; and, AH Units 2 and 3 shall each contain two (2) bedrooms each and contain a minimum of 870 square feet and 940 square feet, respectively, of"net livable area." 2 .. 111111111111111Ill 11111111 lil i 1 lilli Iii 111 08/29/2006 10:3le 527924 Page: 3 of 12 JANICE K VCS CAUD..L PITKIN COL,1-Y CO R 61,00 0 0.00 2.2 Height. The building's maximum allowable height is 32 feet, to be calculated pursuant to the City's building height methodology in place at the time of building permit application. 2.3 Off-Street Parking. Six (6) off-street parking spaces are required in the project. Fouf (4) of these spaces shall be allocated to the free market residential units and two (2) of-these spaces shall be designated for use of the occupants of the AH units. 2.4 Affordable Housing Mitigation. Two (2) on-site, two-bedroom AH units and one (1) on-site studio unit are required for the project. AH Unit 1 is a studio unit and must contain a minimum of 400 square feet of net livable area, AH Unit 2 shall contain 870 square feet of net livable area and AH Unit 3 shall contain a minimum of 940 square feet o f net livable area. Each must be deed restricted to the Aspen/Pitkin County Housing Authority's Category 2 income and occupancy guidelines (the "APCHA Guidelines") concurrent with the recording of the condominium map for the project and before a Certificate of Occupancy is issued for the project. The deed restriction shall permit the Owner, as Owner of the AH units to lease such AH units to "qualified employees" of the Owner's selection. While it is presently contemplated that the AH units will be rental units, the Owner shall have the right at any time to convert them to "for-sale" units and to sell them to buyers qualified under the APCHA Guidelines. Further, the AH units shall become sale units at such time as the APCHA deems the units to be out of compliance with the rental occupancy requirements set forth in the APCHA Guidelines for a period of more than one (1) year from the date on which the APCHA gives the record owner of the AH units written notice of such noncompliance and such non-compliance has not been cured during said one-year period. So long as the AH units are rental units, they shall be owned by the Owner. Unless a different arrangement is worked out with the City, and only to the extent required to comply with applicable Colorado law, a one-tenth of one percent interest in each of the AH units will be conveyed to APCHA at the time the remaining ownership interest is deeded to the Association. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (a) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restrictions on the AH unit, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (b) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the AH units, and the record owner of the remaining interest in the units shall have full right and authority to lease, encumber, or otherwise deal with the AH units as if such owner held a 100 percent interest therein, (c) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and the party conveying the APCHA Interest shall indemnify APCHA from and against any losses or liabilities arising solely out of its ownership of the APCHA Interest, (d) the APCHA Interest will be conveyed to the Association or other then-current owner of the AH unit if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions 3 I Ilt Ill ililli 11 lili lill Ill I Illillili lill 08/29/2006 10:314 527924 Page: 4 of 12 JANICE K VOS CAUD..L PITK.N COUN-Y CO R 81,00 D 0.00 on affordable housing units, and (e) the APCHA Interest will be conveyed to the buyer of the AH unit if it is converted to a sale unit and sold by the Association to a qualified third party. In the event the project is sold by Owner to a third party before the project is condominiumized, the Owner shall have the right to assign the foregoing deed restriction and APCHA Interest obligations to the third party buyer. 2.5 Buildine Permit Application. The building permit application for the project shall include the following: (a) Copies of P&Z Resolution No. 5 (Series of 2006) and of City Council Ordinance No. 9 (Series of 2005). (b) The conditions of approval printed on the cover page of the building permit set. (c) A completed tap permit for service issued by the Aspen Consolidated Sanitation District. (d) A drainage plan, including an erosion control 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. (e) An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. (f) A fugitive dust control plan to be reviewed and approved by the City Engineer. (g) A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. Ch) Accessibility and ADA compliance to all units addressed to satisfactorily meet the most restrictive of federal, state or city standards building code. 2.6 Dimensional Requirements. The development of the 410 West End Condominiums as approved complies with the dimensional requirements of the 4 111!11111111111-11111 mi 1111111111111 lili lili 08/29/2006 10:311 527924 Page: 5 of 12 JAN.CE K VOS CAUD.-L PITK.N COUN-Y CO R 61,00 D 0.00 Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time of building permit submittal. 2.7. Sidewalks, Curb and Gutter The sidewalks and crosswalk ramps adjacent to the property shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the project. Additionally, the sidewalk along South West End Street shall be reconstructed so that it is detached from the curb, creating a five (5) wide landscaping buffer. The Owner shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the project. Building permit approval of plans does not constitute approval of sidewalk, curb and gutter locations and specifications. Final sidewalk, curb and gutter locations and specifications shall be established through the review and approval of a right-of-way permit. 2.8 Trash/Utility Service Area. The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. 2.9 Relocation of Utilitv Pedestal. The Owner shall relocate the utility pedestal that currently exists in the Block 118 alleyway near its intersection with South West End Street. The utility pedestal shall be relocated further north in the South West End Street right of way since it serves multiple properties. 2.10 Fire Mitigation. The Owner shall install a fire sprinkler system and alarm system in the building that meets the requirements of the Aspen Fire Marshal. 2.11 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. Each of the units within the building shall have individual water meters. 2.12 Sanitation District Requirements. The Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROWs or easemems to be dedicated to the district 2.13 Electrical Department Requirements. The Owner shall have an electric 5 .. ii HI u,m 11 I uni ii unI, 3~Utt? 08/29/2006 10 311 JAA.CE K VOS CAUDILL PITK.N COLK-Y CO R 61.00 D 0.00 connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new transformer and its location 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 supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, the Community Development Director shall review and approve the easement on the condominium plat. 2.14 Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. 2.15 Impact Fees. All impact fees that are in effect at the time of building permit, as applicable, shall be paid prior to the issuance of a building permit. 2.16 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.630, School lands dedication, the Owner shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Owner shall provide the market value of the land including site improvements, but excluding the value of structures on the site. 2.17 Park Development Impact Fee. Pursuant to Land Use Code Section 26.6 10, Park Development Impact Fee, the Owner shall pay a park development impact fee prior to building permit issuance. The park department fee schedule is subject to change and the actual fee shall be calculated according to the fee schedule in effect at the time of building permit submittal as set forth in I.and Use Code Section 26.610, Park Development Impact Fee. 2.18 Landscaping. An approved tree removal permit and excavation under the drip line permit is required prior to submitting the building permit. The Parks Department approval will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit submittal and should include fence details and fence locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site." No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for inspection of the fence before any construction activities commence. Specific excavation techniques to be approved by the Parks Department shall be required along the entire length of the Cooper Avenue excavation and vertical excavation shall be required along the length of South West End 6 .. 1111111111111' l li l i lill i l- 11 lill i I 08/29/2006 10:31' 527924 Page: 7 of 12 JANICE K VOS CAUDILL PITKIN COLN-Y C) R 61.00 D 0.00 Street excavation. No over digging is allowed on the South West End Street and Cooper Avenue excavations. After inspection and approval of the fence location, the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy. Improvements to both of the adjacent City ROW's shall include irrigation, new sod and soil, and new street tree plantings along East Cooper Avenue and South West End Street meeting the approval of the Parks Department. Autumn Blaze Maple trees shall be planted along Cooper Avenue and Ussarian Pear trees shall be planed along South West End Street. All street tree plantings shall be evenly spaced at about fifteen (15) to twenty (20) feet apart as determined based on consultation between the Owner and the Parks Department. The Parks Department will perform a diagnostic test on the tree located adjacent te the proposed northeast entry walk to determine if the tree should be removed prior to the commencement of construction activities. If the abovementioned tree is prohibited from removal by the Parks Department, the Applicant shall redesign or remove the walkway to Cooper Avenue. The Applicant shall also remove the stand of Aspen Trees located near the northwestern corner of the property because they are in declining health. 2.19 Material Representation and Commitment Service. All material representations and commitments made by the Owner, as applicant, pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE III VESTED PROPERTY RIGHTS Under Development Order of the City of Aspen Community Development Department with an effective date of/|/1,4 2/- , 2006 (the "Development Order"), the right to undertake and complete the ddvelopment and use of the 306 South Garmisch Condominiums Subdivision pursuant to the terms and conditions of the site specific development plan for the property is vested until /1/1 avl J A , 2009, and shall not be altered, impaired, diminished or delayed by any subseqdent zoning or land use action that is prohibited by Section 24-68-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 24-68-103(b), a properly noticed public hearing concerning the establishment of such vested rights for the property was conducted on May 8,2006. As authorized by CRS Section 24-68-102(4)(a), the City and Owner agree that the site specific development plan for the 410 S. West End Condominiums Subdivision consists of and includes, but is not limited to, the number, permitted size, and configuration of the free market residential units, the AH Units, the parking spaces, and the other spaces and areas in the project, and all other matters set forth in the Regulatory Approvals identified in Article I above, the Subdivision Plat, this 7 .. Subdivision Agreement, and all other documents and plans recorded concurrently therewith. For purposes of this Article III, this Subdivision Agreement shall be considered a "development agreement" as that term is used in CRS Section 24-68-104(2), subject, however, to Ordinance No. /9 (Series of 2006) which places a moratorium on the issuance ofbuilding permits for six (6) months from 9, 2 51, Â©6,2006. ARTICLE IV FINANCIAL GUARANTEES 4.1 Landscape Guarantee. In order to ensure implementation and maintenance of the landscape plan, the City Council may require the Owner to provide a guarantee for no less than one hundred twenty-five (125) percent of the current estimated cost of the landscaping improvements in the approved landscape plan, as estimated by the City Engineer, to ensure the installation of all landscaping shown and the continued maintenance and replacement of the landscaping for a period of two (2) years after installation. The guarantee shall be in the form of a cash escrow with the city, or a bank or savings and loan association, or an irrevocable sight draft or letter of commitment from a financially responsible lender and shall give the city the unconditional right upon demand to partially or fully complete or pay for any improvements or pay any outstanding bills, or to withdraw funds upon demand to partially or fully complete or pay for any improvements or pay for any improvement or pay any outstanding bills for work done thereon by any party. As portions of the landscaping improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of thd improvements, except that ten (10) percent shall be withheld until all proposed improvements are completed and approved, and an additional twenty-five (25) percent, which shall be retained until the improvements have been maintained in a satisfactory condition for two (2) years. 4.2 Public Facilities Guarantee. In order to ensure installation of necessary public facilities planned to accommodate the subdivision, the City Council shall require the Owner to provide a guarantee for no less than one hundred (100) percent of the current estimated cost of such public improvements, as estimated by the City Engineer. The guarantee shall be in the form specified in Section 26.480.050(c) and may be drawn upon by the City as specified therein. As portions of the public facilities improvements are completed, the City Engineer shall inspect them, and upon approval and acceptance, shall authorized the release of the agreed estimated cost for that portion of the improvements, except ten (10) percent which shall be withheld until all proposed improvements are completed and approved. 4.3. Time of Guarantee Deposits. All guarantees shall be delivered to the City at the time of issuance of a building permit for the project in form satisfactory to the City. 11-1111111Ill - 11111111-.1.111 lili-lilli-1 08/29/2008 10:31i 527924 Page: 8 of 12 JAN:CE K VOS C UDILL PIT IN COLNEY CO R 61.00 D 0.00 8 .. ARTICLE V NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that Owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, 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 any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non- compliance which 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 order of non-compliance 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, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificates of occupancy, as applicable; provided, however, no order shall terminate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Subdivision Agreement 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 hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI GENERAL PROVISIONS Ill Ill illillilli T Illill ]1.1 lillil-I lilli [Ill--I 08/29/2006 10 3 527924 Page: 9 of 12 JANICE K VOS CAUDILL PITK:N COUNTY CO R 61.00 0 0.00 .. 6.1 The provisions hereof shall be binding upon and inure to the benefit of Owner and City and their respective successors and assigns. 6.2 This Subdivision Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 6.3 If any provision of this Subdivision 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 Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. 6.4 This Subdivision Agreement and any Exhibits attached hereto contain the entire understanding between the parties hereto with respect to the transactions contemplated hereunder. Owner, its successors or assigns, may, on its own initiative, petition the City Council for an amendment to this Subdivision Agreement or for an extension of one or more of the time periods required for performance hereunder. The City Council shall not unreasonably deny such petition for amendment or extension after considering all appropriate circumstances. Any such amendments or extensions of time shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment. 6.5 Numerical and title headings contained in this Subdivision 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. 6.6 Upon execution of this Subdivision Agreement by all parties hereto, City agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 6.7 Notices to be given to the parties to this Subdivision 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: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 OWNER: c/o John R. Provine P.O. Box 8769 Aspen, CO 81612 li]11 lillillillillilli..lillilll-. ill[ 111111,111 527924 Page: 10 of 12 10 08/29/2006 10:3ll JANISE K VOS C U_ILL PITKIV CC-NTY CO R 61.00 0 0.00 .. With Copy to: Leonard M. Dates, Esq. Oates, Knezevich & Gardenswartz, P.C. 533 E. Hopkins Avenue Aspen, CO 81611 6.8 This Subdivision Agreement may be executed in counterparts, in which case all such counterparts together shall constitute one and the same instrument which is binding on all of the parties thereto, notwithstanding that all of the parties are not signatory to the original or the same counterpart. Facsimile signatures shall be treated as original signatures hereon. 6.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Hyman Apartments Condominiums Subdivision and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and further shall inure to the benefit of and be specifically enforceable by or against the parties hereto, their respective heirs, personal representatives, 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. CITY: City of Aspen, Colorado, a Colorado municipal cornoraljond _2- -Ar F++A~ Illenilaker* ~ Mayor Atte*: fitlkÂ«*_0, 0 62Â£_ Kathryn S. Â§#h, City Ctâ‚¬rk APPROVED AS TO FORM: - -Atted'41258 Jahh orce , ity Attorney OWNER: ShiR. Dfovine A 111111111 ill lil i 111 lili il li li 08/29/2006 10: 311 41%nald E. Soderling, as 'frustee of the~~ 527924 Page: 11 of 12 \ O-GAkul U--i JANICE K VOS 3 UDTLL PIT IN ZÂ».TY CO R 61.00 0 0.00 11 .. Soderling Living Trust U/D/T February 20, 1996 STATE OF COLORADO ) COUNTY OF PITKIN ) /1 The foregoing instrument was acknowledged before me this 26- day of C.'Cue,Can#1- 2006, by Helen Klanderud as Mayor and Kathryn S. Koch as City Clerk~0 the City of Aspen, Colorado, a municipal corporation. Witness my hand and official seal. My commission expires: 041/ 2<148 2 i JACKÂ· : O T-&Â£62 45,~64/ 4 Lon,/4 J A#otary Public .e........./ip U OP COLOR, STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this )14* day of 41167 (Clf- 2006, by John R. Provine. 'dÂ¢mt&.,. Witness my hand and official seal.j 11*f My commission expires: i .&21 ~92* . . I f : Beth L.~ cA.C-Â£ M . -,L -10 1 --Mrandon Not~9 Public~ ..r 001**0130 P C <A )SS. COUNTY OF (bi:*lk] ) The foregoing instrument was acknowledged before me this 2 1*tlay of 2006, by Ronald E. Soderling as Trustee of the Soderling Living Trust UQ/T February 20, 1996. Witness my hand and official se;l. : ....?ak My commission expires: /1~13~3001Â· 10; *- ' L .1,61~ /1 , An,14 W L V ... Notary Publ~-4,-:9 1 9- 527924 Page: 12 of 12 08/29/2006 10:311 JANICE K VOS CAUDILL PITKIN COL.FY CO R 61.00 D 0.00 12 ' ORDINANCE N0.9 (SERIES OF 2006) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE COOPER APARTMENTS SUBDIVISION, SPECIAL REVIEW TO VARY THE AFFORDABLE HOUSING PARKING REQUIREMENTS, AND CONDOMINIUMIZATION TO CONSTRUCT A MULTI- FAMILY BUILDING CONSISTING OF TWO FREE-MARKET RESIDENTIAL UNITS AND THREE DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY LOCATED AT 410 S. WEST END STREET, LOTS A AND B, BLOCK 118, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 2737-182-91-001 WHEREAS, the Community Development Department received an application from John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, Inc, represented by Vann Associates, requesting approval of Subdivision, Growth Management Review for the development of affordable housing, and condominiumization to construct a multi-family building consisting of two free-market residential units and three deed-restricted affordable housing units on the property located at 410 S. West End Street; and, WHEREAS, the subject property is zoned RMF (Residential Multi-Family); and, WHEREAS, upon review of the application, and the applicable code standards, the Community Development Department recommended approval, with conditions, o f the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on February 7, 2006, the Planning and Zoning Commission approved Resolution No. 5, Series of 2006, by a five to zero (5-0) vote, approving with conditions, a growth management review for the development of affordable housing, and recommending that City Council approve with conditions, the proposed subdivision and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and two (2) deed-restricted affordable housing units located on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite ofAspen; and, WHEREAS, during a duly noticed public hearing on March 27,2006, the Aspen City Council expressed concerns related to the project's compliance with the goals and objectives set forth in the Aspen Area Community Plan and continued the public hearing to April 24,2006; and, WHEREAS, the Applicant amended the proposal to consist of two (2) free market residential units and three (3) deed restricted affordable housing units; and, WHEREAS, during a continued public hearing on April 24,2006, the Aspen City Council continued review of the proposal to May 8,2006; and, WHEREAS, during a continued public hearing on May 8,2006, the Aspen City Council approved Ordinance No. 9, Series of2006, by a five to zero (5-0) vote, approving . a. with conditions, the proposed subdivision, special review to vary the affordable housing parking requirements, and condominiumization to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units located on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite of Aspen; and, 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 recommendation 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 finds that this Ordinance furthers and is necessary for the promotion ofpublic health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Pursuant to the procedures and standards set foIth in Section 26 of the City of Aspen Municipal Code, the Aspen City Council hereby approves with conditions, the Cooper Apartments Subdivision, Special Review to Vary the Parking Requirements, and Condominiumization in order to construct a multi-family building consisting of two (2) free-market residential units and three (3) deed-restricted affordable housing units on the property located at 410 S. West End Street, Lots A and B, Block 118, City and Townsite of Aspen. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final Condominium Plat may be approved and signed by the Community Development Director upon substantial completion of construction. Section 3: Building Permit Application The building permit application shall include the following: a. A copy of the final Ordinance and P&Z Resolution. a. The conditions of approval printed on the cover page of the building permit set. b. A completed tap permit for service with the Aspen Consolidated Sanitation District. c. A drainage plan, including an erosion control 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. d. An excavation-stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes, construction phasing, and a construction traffic and parking plan for review and approval by the City Engineer and Streets Department Superintendent. The construction management plan shall also identify that the adjacent sidewalks will be kept open and maintained throughout construction. e. A fugitive dust control plan to be reviewed and approved by the City Engineering Department. f. A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the Community Development Engineer. g. Accessibility and ADA requirements shall meet the building code requirements. Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to a multi-family building. Compliance with these requirements will be verified by the City of Aspen Zoning Officer at the time ofbuilding permit submittal. Section 5: Trash/Utility Service Area The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Sidewalks, Curb, and Gutter The sidewalks and crosswalk ramps adjacent to the property shall be upgraded to meet City Engineer's requirements and ADA requirements prior to issuance of a certificate of occupancy on any of the units within the development. Additionally, the sidewalk along South West End Street shall be reconstructed se 14,1-ilis_detached=agm_thecurb,creating alve (5) yide lands--aping buffer, The Applicant shall also repair any curb and gutter adjacent to the property that is deemed to be in disrepair by the City Engineer before a certificate of occupancy is issued for any of the units within the development. Section 7: Relocation of Utility Pedestal The Applicant shall relocate the utility pedestal that currently exists in the Block 118 alleyway near its intersection with South West End Street. The utility pedestal shall be .. relocated further north in the South West End Street Right-of-Way since it serves multiple properties. Section 8: Affordable Housing The affordable housing units shall be in compliance with the Aspen/Pitkin County Housing Authority's Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of a percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may be deed-restricted as rental units, but the units shall become ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. _8 total of two (2) off-street parking spaces shall be allocated and reserved for the affordable Housing-units. Section 9: Fire Mitigation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 10: Water Department Requirements The Applicant 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. Each of the units within the building shall have individual water meters. Section 11: Sanitation District Requirements The Applicant shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 12: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to detennine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed on the subject property, the Applicant shall provide for a new . transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, then the Community Development Director shall review and approve the easement on the condominium plat. Section 13: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. Section 14: School Lands Dedication Fee Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay a fee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 15: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee prior to building permit issuance. The Park Development Impact Fee schedule is subject to change and the actual fee shall be calculated according to the fee schedule in effect at the time of building permit submittal as set forth in Land Use Code Section 26.610, Park Development Impacf Fee. Section 16: Imnact Fees All other impact fees, as applicable, at the time of building permit submission shall be paid prior to the issuance of a building permit. Section 17: Landscaping An approved tree removal permit and excavation under the drip line permit is required prior to submitting the building permit. The Parks Department approval will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit submittal and should include fence details and fence locations as well as the following language, "A construction fence shall be installed at the drip line of each individual or grouping of trees remaining on site." No excavation, storage of materials, storage of construction backfill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for inspection of the fence before any construction activities commence. Specific excavation techniques to be approved by the Parks Department shall be required along the entire length of the Cooper Avenue excavation and vertical excavation shall be required along the length of South West End Street excavation. No over digging is allowed on the South West End Street and Cooper Avenue excavations. 0 . After inspection and approval of the fence location, the fence cannot be moved or removed without permission from the Parks Department or until the project receives the Certificate of Occupancy." Improvements to both of the adjacent City ROW's shall include irrigation, new sod and soil, and new street tree plantings along East Cooper Avenue and South West End Street meeting the approval of the Parks Department. Autumn Blaze Maple trees shall be planted along Cooper Avenue and Ussarian Pear trees shall be planted along South West End Street. All street tree plantings shall be evenly spaced at about fifteen (15) to twenty (20) feet apart. The Parks Department will perform a diagnostic test on the tree located adjacent to the proposed northeast entry walk to determine if the tree should be removed prior to the commencement of construction activities. If the abovementioned tree is prohibited from removal by the Parks Department, the Applicant shall redesign or remove the walkway to Cooper Avenue. The Applicant shall also remove the stand of Aspen Trees located near the northwestern corner of the property because they are in declining health. Section 18: Vested Rights The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days o f the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public ofthe approval of a site specific development plan, and the creation of a vested property right, valid for a period ofthree (3) years, pursuant to the Land Use Code ofthe City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: Property Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. . The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise o f such rights shall not begin to run until the date o f publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 19: This Ordinance shall not affect any existing litigation and shall not operate as an abatement o f 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. Section 20: 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 porion shall be deemed a separate, distinct and independent provision and shall not affect the validity ofthe remaining portions thereof. Section 21: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 22: A public hearing on the ordinance shall be held on the 27th day of March, 2006, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City o f Aspen on the 27th day of February, 2006. b .,I -U Rawn Attest: 4421 6&_ Kathryn S. I~dhi Gty Clerk .. FINALLY, adopted, passed and approved this 8th day ofMay, 2006. Ireleriali)~felanf-m4-~ayor Attest: â‚¬*41 1-ju_, Kathryn S. K06, City Clerk Approved as to form: 2~2%0**s L...Johift Worcester, City Attorney .. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by -stewart , title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: 9 *~14---1~~/JÂ»../.f~ -- stewart Â« L-- title guaranty company ~- ~ h ) 71-n Authodzed Countersigrature Q Senior Chairman of t~le Board 0,4411 LE CON- Stewart Title of Colorado. Inc. ,-/ fÂ»Â»32912*, (Â» Lz , Aspen Division 17Â·. 1 9 0 8 8/ LChairman of the Board 620 East Hopkins Avenue -**4,2 x AS , Aspen, Colorado 81611 Phone: 970-925-3577 j Â· ved 4.OL- President Fax: 970-925-1384 Order Number: 909031 ALTA Commitment (6/17/06) .. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 24, 2009, at 7:30 A.M. Order Number: 909031 2. Policy or Policies To Be Issued: Amount of Insurance (a) A.L.T.A. Owner's (Extended) $6,500,000.00 Proposed Insured: DAVID GARDNER and JODY GARDNER (b) A.L.T.A. Loan 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: 410 WEST END, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: Statement of Charges: 410 South West End Street These charges are due and payable before a Policy can Aspen, Colorado 81611 be issued: Reissue Rate 2006 Owner's Policy: $5276.00 2006 Owner's Extended: $150.00 Tax Certificate: $20.00 Order Number: 909031 ALTA Commitment (6/17/06) - Schedule A -stewart Title Officer: Melanie Lang L--title guaranty company Page 1 of 2 .. SCHEDULE A LEGAL DESCRIPTION Unit 1 410 WEST END TOWNHOMES CONDOMINIUMS, A COMMON INTEREST COMMUNITY According to the Condominium Map thereof recorded in Plat Book at Page and the Condominium Declaration for 410 West End Townhomes Condominiums recorded as Reception No. COUNTY OF PITKIN, STATE OF COLORADO NOTE: THE LEGAL DESCRIPTION WILL BE CHANGED UPON COMPLIANCE WITH THE CONDOMINIUM PLAT AND DECLARATION REQUIRED HEREIN FURTHER NOTE: THE CONTRACT REFERS TO UNIT 1, HOWEVER THE CONDOMINIUM DECLARATION REFERS TO THE UNITS AS A, B, C, D, E Order Number: 909031 ALTA Commitment (6/17/06) - Schedule A -stewart Title Officer: Melanie Lang - title guaranty company Page 2 of 2 .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 1 REQUIREMENTS Order Number: 909031 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 5. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 6. Relating to 410 West End, LLC, The Company requires for its review the following: Copy of the Operating Agreement and the regulations of the limited liability company and any amendments thereof Note: The Colorado Secretary of State shows 410 West End, LLC in good standing. Note: Statement of Authority recorded February 6,2009, discloses the following persons as those authorized to transact business on behalf of said entity: John R. Provine. If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. 7. Condominium Plat of 410 West End Condominiums Subdivision which depicts Unit 1. 8. Condominium Declaration for 410 West End Condominiums Subdivision which includes Unit 1. 9. Partial Release of Deed of Trust dated July 17, 2006, executed by 410 West End, LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $400,000.00 in favor of John R. Provine, recorded September 14, 2006 as Reception No. 528610. NOTE: Subordination Agreement recorded December 16, 2008 as Reception No. 555072 subordinating the above deed of trust to the deed of trust recorded as Reception No. 555599. Order Number: 909031 ALTA Commitment (6/17/06) Schedule B 1 -stewart Page 1 of 2 - title guaranty company .. 10. Partial Release of Deed of Trust dated July 17, 2006, executed by 410 West End, LLC, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $400,000.00 in favor of Ronald E. Soderling, Trustee Of The Soderling Living Trust U/D/T February 20, 1996, recorded September 14, 2006 as Reception No. 528611. NOTE: Subordination Agreement recorded May 29,2007 as Reception No. 538315 subordinating the above deed of trust to the deed of trust recorded as Reception No. 537458. NOTE: Subordination Agreement recorded January 9, 2009 as Reception No. 555598 subordinating the above deed of trust to the deed of trust recorded as Reception No. 555599. 11. Partial Release of Deed of Trust dated May 4, 2007, executed by 410 West End LLC, a Colorado Limited Liability Company, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $7,973,000.00 in favor of Alpine Bank, a Colorado banking corporation, recorded May 8,2007 as Reception No. 537458. NOTE: Modification Agreement recorded November 24,2008 as Reception No. 554563. 12. Partial Release of Deed of Trust dated November 18, 2008, executed by 410 West End LLC, a Colorado Limited Liability Company, to the Public Trustee of Pitkin County to secure an indebtedness in the amount of $820,000.00 in favor of Alpine Bank, a Colorado banking corporation, recorded January 9,2009 as Reception No. 555599. 13. & Receipt of and review by the Company of the following documentation: la] the name of the contractor, and whether said contractor is bonded [bl a comprehensive list of all individuals and entities who supplied work and/or material affecting the subject property; and lien waivers from all of those individuals and entities [c] financial statements from the owner(s) and/or contractor for our financial officers to review [d] an Indemnity I Agreement signed by the owner and/or contractor, indemnifying against liens arising from, or relating to, labor, services and/or materials furnished to the land [el copy of the Certificate of Occupancy issued by the County of Pitkin NOTE: Approval of mechanic lien coverage must be obtained from authorized underwriting personnel of Stewart Title Guaranty Company. 14. Deed from vested owner(s) vesting fee simple title in the purchaser(s). Note: notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). Order Number: 909031 ALTA Commitment (6/17/06) Schedule B I --stewart - title guaranty company Page 2 of 2 , .. COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 909031 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. Resolution No. 8 (Series of 2006), a Resolution of the City of Aspen Planning and Zoning Commission Approving with Conditions, a Growth Management Review for Affordable Housing, and Recommending that City Council Approve with Conditions, the Cooper Apartments Subdivision and Condominiumization to Construct a Multi-Family Building Consisting of Two Free-Market Residential Units and Two Deed-Restricted Affordable Housing Units on the Property Located at 410 S. West End Street, Lots A and B, Block 118, City of Aspen, Pitkin County, Colorado as set forth in instrument recorded May 19, 2006 as Reception No. 524235. Order Number: 909031 ALTA Commitment (6/17/06) Schedule B 2 -stewart Page 1 of 2 -title guaranty company .. 12. Ordinance No. 9 (Series of 2006), An Ordinance of the Aspen City Council Approving with Conditions, the Cooper Apartments Subdivision, Special Review to Vary the Affordable Housing Parking Requirements, and Condominiumization to Construct a Multi-Family Building Consisting of Two Free-Market Residential Units and Three Deed Restricted Affordable Housing Units on the Property Located at 410 S. West End Street, Lots A and B, Block 118, City of Aspen, Pitkin County, Colorado as set forth in instrument recorded August 29,2006 as Reception No. 527923. 13. Subdivision Agreement for 410 West End Condominiums Subdivision as set forth in instrument recorded August 29,2006 as Reception No. 527924. 14. All matters shown on Subdivision Plat of 410 West End Condominiums Subdivision recorded August 29, 2006 in Plat Book 81 at Page 2 as Reception No. 527926. 15. All matters shown on the Condominium Plat of 410 West End Condominiums recorded 16. Condominium Declaration for 410 West End Condominiums recorded NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and or buyer/borrower execute the Company' s affidavits, as required herein, and the Company approves such deletions. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Order Number: 909031 ALTA Commitment (6/17/06) Schedule B 2 -stewart Page 2 of 2 -title guaranty company 0 0 MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF 410 WEST END CONDOMINIUMS THIS MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF 410 WEST END CONDOMINIUMS (the "Agreement") is made and entered into this -2-t day of Nia.1 2009, by 410 WEST END, LLC, a Colorado limited liability company, (hereinafter referred to as "Declarant"), for the benefit of the parties and enforceable by the ASPEN/PITKIN COUNTY HOUSING AUTHORITY (hereinafter referred to as "APCHA"), a duly constituted multi-jurisdictional Housing Authority established pursuant to the THIRD AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT by and between the City of Aspen, Colorado (the "Citv") and Pitkin County, Colorado (the "County"), dated October 28,2002 and recorded at Reception No. 477066 on January 8,2003, of the records of the Pitkin County Clerk and Recorder's Office. WITNESSETH: WHEREAS, Declarant owns the real property described in Exhibit "A" attached hereto and incorporated herein (the "Property") together with certain improvements thereon (the "Project"), which real property and improvements includes a total of five (5) condominium units (collectively, the "Units"); WHEREAS, as a condition of the approval granted by the Aspen City Council for subdivision approval of the Property, the Declarant is required to enter into this Agreement, and Declarant and Declarant's successors in interest with respect to the Property are required to be bound by this Agreement; and WHEREAS, two (2) of the Units shall be "free market" condominium units (one of which is described as "free Market Unit 1" and the other of which is described as "Free Market Unit 2", and collectively, both of which are referred to herein as the "Free Market Units"); WHEREAS, three (3) of the Units shall be "deed restricted" condominium units (one of which is referred to as "Deed Restricted Unit 3", one of which is referred to as "Deed Restricted Unit 4", and the other of which is referred to as "Deed Restricted Unit 5", and collectively, all of which are referred to herein as the "Deed Restricted Units"); WHEREAS, after the date of this Agreement, Declarant will convey three of the Units (consisting of Free Market Unit 1. Deed Restricted Unit 3 and Deed Restricted Unit 4) to a single owner owning all three such Units, and Declarant will separately convey the other two Units (consisting o f Free Market Unit 2 and Deed Restricted Unit 5) to another owner owning both such Units; WHEREAS, for so long as the owner of Free Market Unit 1 from time to time is also the owner of both Deed Restricted Unit 3 and Deed Restricted Unit 4, both Deed Restricted Unit 3 and Deed Restricted Unit 4 shall each be a "rental unit" as such term is defined herein, and any conveyance of Deed Restricted Unit 3 or Deed Restricted Unit 4 to any party other than the then-owner of Free Market Unit 1 from time to time shall constitute the conversion of such Deed Restricted Unit 3 and Deed Restricted Unit 4 into a "sales unit" and such Deed Restricted Unit 3 and Deed Restricted Unit 4 shall thereafter be sold only to a "Qualified Buyer" thereof (as such term is defined herein); WHEREAS, for so long as an owner of Free Market Unit 2 from time to time is also the owner of Deed Restricted Unit 5, Deed Restricted Unit 5 shall be a "rental unit" as such term is defined herein, and {00121396.DOC / 6}Macintosh HDÂ·Users oatesknezevichgardenvichkellypc:Library.Mail Downloads mstr_306 S Garmisch (00121396-6).DOC .. any conveyance of Deed Restricted Unit 5 to any party other than the then-owner of Free Market Unit 2 from time to time shall constitute the conversion of such Deed Restricted Unit 5 into a "sa!es unit" and such Deed Restricted Unit 5 shall thereafter be sold only to a "Qualified Buyer" thereof (as such term is defined herein); and WHEREAS, Declarant agrees to restrict the use and/or transfer of the Deed Restricted Units to "Qualified Tenants/Buyers," as that term is defined in this Agreement, who fall within the Category 2 income range established and adopted by the APCHA from time to time in its Aspen/Pitkin County Employee Housing Guidelines (hereinafter the "Guidelines"). In addition, the Declarant agrees that this Agreement shall constitute a resale agreement setting forth the maximum resale price ('Maximum Resale Price") for which Deed Restricted Unit 3 and Deed Restricted Unit 4 may be sold to any transferee who is not also simultaneously the owner of Free Market Unit 1, and for which Deed Restricted Unit 5 may be sold to any transferred who is not also simultaneously the owner of Free Market Unit 2. Finally, by this Agreement, Declarant and its successors-in-interest, hereby restrict the Deed Restricted Units against use and occupancy inconsistent with this Agreement. Concurrently with the execution of this Agreement, Declarant shall convey a one-tenth of one percent interest in each of the Deed Restricted Units to APCHA. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest." The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that: a) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restrictions on the Deed Restricted Units, and does not give the APCHA any authority or rights that are not specifically set forth in this deed restriction; b) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the Deed Restricted Units. and the record owner of the remaining interest in the Deed Restricted Units shall have full right and authority to lease, encumber. or otherwise deal with the Deed Restricted Units as if such owner held a 100% interest therein; c) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and the party conveying the APCHA Interest shall indemnify APCHA from and against any losses or liabilities arising solely out of its ownership of the APCHA Interest; d) the APCHA Interest in a Deed Restricted Unit will be conveyed to the owner of such Deed Restricted Unit if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units; and e) the APCHA interest will be conveyed to the first Qualified Buyer of a Deed Restricted Unit if such Deed Restricted Unit is converted to a sale unit and sold to a Qualified Buyer. Iii the event the Project is sold by the Declarant to a third party before the Project is condominiumized. the Declarant shall assign the foregoing deed restriction and APCHA Interest obligations to the third party buyer. WHEREAS, the Deed Restricted Units identified herein shall be classified as Category 2 employee housing units and will be deed restricted to rental and sales price terms within the Guidelines and to occupancy limitations within the housing income eligibility guidelines established by the Guidelines. Rentals and sales must be in accordance with the Guidelines as adopted and amended from time to time. Deed Restricted Unit 3 and Deed Restricted Unit 4 shall remain as rental units until such time as either Deed Restricted Unit 3 or Deed Restricted Unit 4 is transferred to a transferee who does not simultaneously own Free Market Unit 1 (which must be done through the Aspen/Pitkin County Housing Authority), and Deed Restricted Unit 5 shall remain as a rental unit until such time as Deed Restricted Unit 5 is transferred to a transferee who does not simultaneously own Free Market Unit 2 (which also must be done through the Aspen/Pitkin Counly Housing Authority), or until such time said Deed Restricted Unit is deemed to be out of compliance by APCHA with the rental occupancy requirements set forth in the Guidelines or this Agreement for a period of one year from the date on which APCHA gives the record owner of said Deed Restricted Unit written notice of such noncompliance and such noncompliance has not been cured during said one-year period. For Deed Restricted Unit 3 and Deed Restricted Unit 4 (which shall both initially be {00121396.DOC / 6} Master Deed Restriction Page 2 .. owned by the Free Market Unit 1 Owner), said noncompliance only has to occur in one (1) Unit for the requirement to sell both Units to take effect. WHEREAS, "Qualified Tenants/Buyers" are natural persons meeting the income, residency and all other qualifications set forth in the Guidelines, or its substitute, as adopted by the APCHA, or its successor, and in effect at the time of a lease to a Qualified Tenant or the closing of the sale to the Qualified Buyer, and who must represent and agree pursuant to this Agreement to occupy the Deed Restricted Unit as their sole place of residence. not to engage iii any business activity on the Property other than that permitted in that zone district or by applicable ordinance, not to sell or otherwise transfer the Deed Restricted Unit for use in a trade or business; and to continue meeting the employment, residency and other requirements as stated in this Agreement and the Guidelines. NOW, THEREFORE, for value received, the receipt and sufficiency of which are hereby acknowledged. Declarant hereby represents, covenants and agrees as follows: A. RENTAL UNIT REQUIREMENTS - USE AND OCCUPANCY 1. For so long as a Deed Restricted Unit is a rental unit, such Deed Restricted Unit shall be occupied by qualified residents. Only qualified residents, as defined in the Guidelines, shall reside therein and all rental terms shall be for a period o f not less than six (6) consecutive months. The owner of a Deed Restricted Unit which is a rental unit shall maintain the first right to select the qualified tenant of its own choosing when renting the Deed Restricted Unit. APCHA shall have the right to place a qualified tenant in a Deed Restricted Unit if the owner of such Deed Restricted Unit fails to keep such Deed Restricted Unit occupied by a qualified tenant. An executed copy of all leases for a Deed Restricted Unit shall be submitted to the APCHA within the (10) days of the approval of a qualified tenant. All tenants shall be approved through the APCHA PRIOR to moving into said Deed Restricted Unit. 2. The maximum rental rate shall not exceed Category 2 rental rates as set forth in the Guidelines established by APCHA and may be adjusted annually as set forth in the Guidelines. The maxilnum permitted rental rate for the Deed Restricted Units on the date of execution of this deed restriction is $1.026 per month. Rent shall be verified and approved by APCHA upon submission and approval of the lease. 3. The Deed Restricted Units shall not be occupied by the Declarant. an owner of a Free Market Unit, or the members of the their immediate family ("Immediate Family" shall mean a person related by blood or marriage who is a first cousin [or closer relative] and his or her children) nor shall the Deed Restricted Units be used as a guesthouse or guest facility. If the owner is a corporation, this restriction applies to the directors and shareholders of such corporation. 4. Written verification of employment of employee(s) proposed to reside in the Deed Restricted Units shall be completed and filed with the APCHA of the Units prior to occupancy thereof, and such verification must be acceptable to the APCHA. 5. The Deed Restricted Units shall be required to be rented for periods of no less than six (6) consecutive months. Upon vacancy of a Deed Restricted Unit, the owner is granted no more than forty-five (45) days in which to locate a qualified employee. 6. The Deed Restricted Units must meet minimum occupancy requirements; i.e., at least one person per bedroom. {00121396.DOC / 6} Master Deed Restriction Page 3 .. If a Deed Restricted Unit is found by APCHA to be out of compliance as stipulated above for one-year, such Deed Restricted Unit shall be sold through the APCHA and under the requirements as stated below. B. SALES UNIT REQUIREMENTS - USE AND OCCUPANCY 7. A "Qualified Buyer" is a person, other than Declarant, and with respect to Deed Restricted Unit 3 and Deed Restricted Unit 4, is a person who is not also simultaneously the owner of Free Market Unit 1, and with respect to Deed Restricted Unit 5, is a person who is riot also simultaneously the owner of Free Market Unit 2, who acquires an ownership interest in a Deed Restricted Unit in compliance with the terms and provisions of this Agreement. It is understood that such person, persons or entity shall be deemed a "Qualified Buyer" hereunder only during the period of his. her, their or its ownership interest in the Deed Restricted Unit and shall be obligated hereunder for the full and complete performance and observance of all covenants, conditions and restrictions contained herein during such period, including the Guidelines as amended from time to time. 8. Upon conversion of a Deed Restricted Unit to a sales unit, the use and occupancy of the Deed Restricted Unit shall be limited exclusively to housing for natural persons who meet the definition of Qualified Buyers and their families, and the other requirements of this Agreement and the Aspen/Pitkin County Housing Authority Guidelines referred to above. 9. A Qualified Buyer. in connection with the purchase of the Deed Restricted Units, must: a) occupy any Deed Restricted Unit within this Property as his or her sole place of residence during the time that such Deed Restricted Unit is owned; b) not own. directly or indirectly through a legal entity, any interest alone or in conjunction with others, in any developed property or dwelling units in accordance with the limitations established by the Guidelines as amended from time to time; c) not engage in any business activity on or in such Deed Restricted Unit, other than permitted in that zone district or by applicable ordinance; d) sell or otherwise transfer such Unit only in accordance with this Agreement and the Guidelines; e) not sell or otherwise transfer such Deed Restricted Unit for use in a trade or business; f) not permit any use or occupancy of such Deed Restricted Unit except in compliance with this Agreement; g) continue to meet the residence and employment requirements of a Qualified Buyer established by the APCHA Guidelines and as they are amended from time to time; and h) continue to meet the other requirements of the applicable APCHA Guidelines and this Agreement. Recertification of employment, residency and the ownership of other property shall be required as stipulated in the APCHA Guidelines. C. DEFAULT ON LOAN 10. a. It shall be a breach of this Agreement for a Qualified Buyer to default in payments or other obligations due or to be performed under a promissory note secured by a first deed of trust encumbering a Deed Restricted Unit or to breach any of Qualified Buyer's duties or obligations under said deed of trust. It shall also be a breach of this Agreement for a Qualified Buyer to default in the payment of real property taxes or obligations to any homeowners' association for general or special assessments. Each Qualified Buyer must notify the APCHA. in writing, of any such default. including notification received from a lender, or its assigns. of past due payments or default in payment or other obligations due or to be performed under a promissory note secured by a first deed of trust, as described herein, or of any breach of any of Qualified Buyer's duties or obligations under said deed of trust, within five calendar days of Qualified Buyer's notification from lender, or its {00121396.DOC / 6} Master Deed Restriction Page 4 .. assigns, or any other creditor specified herein, of said default or past due payments or breach. b. Upon notification of a default as provided above, the APCHA may offer loan counseling or distressed loan services to the Qualified Buyer, if any of these services are available, and is entitled to require the Qualified Buyer to sell a Deed Restricted Unit to avoid the commencement of any foreclosure proceeding against a Deed Restricted Unit. c. Upon receipt of notice as provided in paragraphs 10a and b, the APCHA shall have the right, in its sole discretion. to cure the default or any portion thereof'. In such event, the Qualified Buyer shall be personally liable to APCHA for past due payments made by the APCHA together with interest thereon at the rate specified in the promissory note secured by the first deed of trust, plus one percent (1%), and all actual expenses of the APCHA incurred in curing the default. The Qualified Buyer shall be required by APCHA to execute a promissory note secured by deed of trust encumbering the Deed Restricted Unit in favor of the APCHA for the amounts expended by the APCHA as specified herein, including future advances made for such purposes. The Qualified Buyer may cure the default and satisfy its obligation to the APCHA under this subparagraph at any time prior to execution of a contract for sale. upon such reasonable terms as specified by the APCHA. Otherwise, Qualified Buyer's indebtedness to the APCHA shall be satisfied from the Qualified Buyer's proceeds at closing. d. In addition, upon receipt of notice as provided in Paragraphs 1 Oa and 10b. the APCHA shall have the option, exercisable in the APCHA's sole discretion, to purchase the Qualified Buyer's Deed Restricted Unit for ninety-five percent (95%) of the Maximum Resale Price. If the APCHA desires to exercise said option, it shall give written notice thereof to the owner of such Deed Restricted Unit within sixty (60) days following the APCHA's receipt of the notice as provided in Paragraphs 108 and 10b. In the event the APCHA timely exercises said option, the closing of the purchase of the Deed Restricted Unit shall occur within sixty (60) days following the date of the APCHA's notice to the Qualified Buyer of the exercise of said option. D. DEFAULT ON CONDOMINIUM ASSESSMENTS 11. It shall be a violation of this Agreement for any owner of a Deed Restricted Unit from time to time to default in the payment of general or special assessments to any homeowner's association, and such person shall be subject to enforcement as provided herein. In addition, upon sale of a Deed Restricted Unit as to which the payment of such obligations is in default, the assessments shall be paid at closing. E. ENFORCEMENT - SALE UNITS 12. In the event that the APCHA determines that sale of a Deed Restricted Unit is necessary as a result o f breach of this Agreement, the Qualified Buyer owning such Deed Restricted Unit shall immediately execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA, providing for a 30-day listing period. At that time, the Qualified Buyer shall deposit with the APCHA an amount equal to one percent (1%) of the estimated value o f the Deed Restricted Unit. If a sales contract has not been executed within the initial 30-day period, such Qualified Buyer shall extend the listing period for an additional 180 days, provided such extension does not conflict with the statutory rights of any secured creditors. The APCHA shall promptly {00121396.DOC / 6} Master Deed Restriction Page 5 .. advertise the Deed Restricted Unit for sale by competitive bid to Qualified Buyers. At the time of closing, the Qualified Buyer shall pay to the APCHA an additional fee as stated in the Aspen/Pitkin County Employee Housing Guidelines. In the event of a listing of a Deed Restricted Unit pursuant to this Paragraph 12, the APCHA is entitled to require the Qualified Buyer to accept the highest of any qualified bids that is equal to the lesser of (i) an amount that at least satisfies the Qualified Buyer's financial or other obligations due under the promissory note secured by a first deed o f trust and any deed of trust in favor of the APCHA, as described herein, or (ii) the Maximum Resale Price (as hereinafter defined), and to sell the Deed Restricted Unit to such qualified bidder. The listing and sale of the Deed Restricted Unit shall be subject to such listing, sales and other fees and expenses as may be imposed by the APCHA from time to time as set forth in the Guidelines. F. AGREEMENT RUNS WITH THE LAND 13. This Agreement shall constitute covenants running with the Property and the Units, as a burden thereon, for the benefit of, and shall be specifically enforceable by the APCHA, the City Council for the City (the "City Council"), the Board of County Commissioners for Pitkin County (also referred to herein as the "County'l and their respective successors and assigns, as applicable, by any appropriate legal action including but not limited to specific performance, injunction, reversion, or eviction ofnon-complying owners and/or occupants. G. VOLUNTARY SALE 14. In the event that a Qualified Buyer desires to voluntarily sell a Deed Restricted Unit, he/she shall execute a standard Listing Contract on forms approved by the Colorado Real Estate Commission with the APCHA providing for a 180-day listing period, or such other time period as required by the APCHA Guidelines in effect at time of listing. The APCHA shall promptly advertise the Deed Restricted Unit for sale by competitive bid to Qualified Buyers. The listing and sate of the Deed Restricted Unit shall be subject to such listing, sales and other fees and expenses as may be imposed by the APCHA from time to time as set forth in the Guidelines. H. APCHA'S RIGHT TO ACQUISITION 15. Notwithstanding any provision herein to the contrary, the APCHA shall have the right, in its sole discretion, (i) to acquire any Deed Restricted Unit for the purpose of resale thereof to a Qualified Buyer: (ii) following its acquisition of any Deed Restricted Unit, to repair, replace, redevelop, remove and maintain such Deed Restricted Unit prior to resale to a Qualified Buyer; and/or (iii) amend this Deed Restriction Agreement following the acquisition. I. MAXIMUM RESALE PRICE 16. In no event shall a Deed Restricted Unit be sold for an amount ("Maximum Resale Price") in excess of the lesser of: a. $119,000 for Deed Restricted Unit 3, $119,000 for Deed Restricted Unit 4, and $119,000 for Deed Restricted Unit 5 plus an increase of three percent (394) of such price per year from the date of purchase to the date of owner's notice of intent to sell (prorated at the rate of.25 percent for each whole month for any part of a year); or b. an amount (based upon the Consumer Price Index, All Items. U.S. City Average, Urban Wage Earners and Clerical Workers (Revised). published by the U.S. Department of L.abor, {00121396.DOC / 6} Master Deed Restriction Page 6 .. Bureau o f Labor Statistics) calculated as follows: the owner's purchase price divided by the Consumer Price Index published at the time of owner's purchase stated on the Settlement Statement, multiplied by the Consumer Price Index current at the date of intent to sell. In no event shall the multiplier be less than one (1). For purposes of this Agreement, "date of intent to sell" shall be the date of execution of a listing contract when required by this Agreement, or if a listing contract is not otherwise necessary, the date shall be determined to be the date upon which a requirement for the owner to sell is first applicable. NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A REPRESENTATION OR GUARANTEE BY THE APCHA OR THE CITY THAT ON RESALE THE OWNER SHALL OBTAIN THE MAXIMUM RESALE PRICE. 17. a. Subject to the limitations of this Section, for the purpose of determining the Maximum Resale Price in accordance with this Section, the owner may add to the amount specified in Paragraph 16 above, the cost of Permitted Capital Improvements, as set forth in Exhibit "B" attached hereto or otherwise allowed by the Guidelines and as they are amended from time to time, in a total amount not to exceed $11,900, which is ten percent (10%) o f the listed purchase price set forth in paragraph 16a above. In calculating such amount, only those Permitted Capital Improvements identified in Exhibit "B" hereto or otherwise allowed by the Guidelines from time to time shall qualify for inclusion. All such Permitted Capital Improwments installed or constructed over the life of the unit shall qualify. and will be depreciated based on the Depreciation Schedule used by APCHA at the time of listing. b. Permitted Capital Improvements shall not include any changes or additions to the Property or Unit made by the owner during construction or thereafter, except in accordance with Paragraph 16a above. Permitted Capital Improvements shall not be included in the APCHA's listed purchase price, even i f made or installed during original construction. c. In order to qualify as Permitted Capital Improvements, the owner must furnish to the APCHA the following information with respect to the improvements that the owner seeks to include in the calculation of Maximum Resale Price: (1) Original or duplicate receipts to verify the actual costs expended by the owner for the Permitted Capital Improvements; (2) The owner's affidavit verifying that the receipts are valid and correct receipts tendered at the time of purchase; and (3) True and correct copies of any building permit or certificate of occupancy required to be issued by the Aspen/Pitkin County Building Department with respect to the Permitted Capital Improvements. All capital improvements will be depreciated, Certain capital improvements will not be counted towards the 10% cap. Each capital improvement will depreciate according to the depreciation schedule stated in an approved handbook. The current source is the Marshall Swift Residential Handbook. Any capital improvements associated with health and safety, energy efficiency, water conservation, and green building products will be exempt from the 10% capital improvement cap; however, such capital improvements shall be depreciated according to the depreciation schedule stated in an approved handbook. Any improvement to bring the Unit up to the Aspen Affordable Housing Building Guidelines will also be allowed as part of the 10% cap. {00121396.DOC / 6} Master Deed Restriction Page 7 .. d. For the purpose of determining the Maximum Resale Price in accordance with this Section, the owner may also add to the amounts specified in Paragraphs 16 and 174 the cost of any permanent improvements constructed or installed as a result of any requirement imposed by any governmental agency, provided that written certification is provided to the APCHA of both the applicable requirement and the information required by Paragraph 17c, (1)- (3). e. In order to obtain maximum resale price, owner must ensure that the Unit meets APCHA's generally applicable minimum standards for a seller of a deed-restricted unit to receive full value as determined by APCHA in its discretion. This shall include requirements to clean the home, ensure that all fixtures are in working condition, and to repair damage to the unit beyond normal wear and tear and as stated in the Minimum Standards for Seller to Receive Full Value at Resale, Exhibit "C". If the Seller does not meet this requirement, APCHA may require that Seller escrow at closing a reasonable amount to achieve compliance by APCHA, or reduce the maximum resale price accordingly. J. GRIEVANCES 18. All disputes between Declarant (or Declarant's successors and assigns) or an owner or tenant in a Deed Restricted Unit and APCHA shall be heard in accordance with the grievance procedures set forth in the Guidelines. K. CLOSING COSTS 19. A Qualified Buyer shall not permit any prospective buyer to assume any or all of the owner's customary closing costs (including, but not limited to, title insurance, sales fee, pro ration o f taxes, homeowners dues, etc., as are customary in Aspen and Pitkin County) nor accept any other consideration which would cause an increase in the purchase price above the bid price so as to induce the owner to sell to such prospective buyer. L. MULTIPLE QUALIFIED BIDS 20. In the event that one qualified bid is received equal to the Maximum Resale Price herein established, the Deed Restricted Unit shall be sold to such bidder at the Maximum Resale Price: and in the event owner receives two or more such bids equal to the Maximum Resale Price, the Qualified Buyer shall be selected according to the priority for sale units set forth in the Guidelines; and, in the event that more than one such qualified bidder is of equal priority pursuant to the Guidelines, the Qualified Buyer shall be selected by lottery among the qualified bidders of the highest priority, whereupon the Deed Restricted Unit shall be sold to the winner of such lottery at the Maximum Resale Price. If the terms of the proposed purchase contract, other than price, as initially presented to the owner, are unacceptable to the owner, there shall be a mandatory negotiation period of three (3) business days to allow the owner and potential buyer to reach an agreement regarding said terms, including but not limited to, the closing date and financing contingencies. If. after the negotiation period is over, the owner and buyer have not reached an agreement, the next bidder's offer will then be presented to the owner for consideration and a three (3) business day negotiating period will begin again. The owner may reject any and all bids; however, the owner is subject to the provisions in the Guidelines pertaining to the listing fee. Bids in excess ofthe Maximum Resale Price shall be rejected. If all bids are below the Maximum Resale Price, the owner may accept the highest qualified bid. If all bids are below the Maximum Resale {00121396.DOC / 6} Master Deed Restriction Page 8 .. Price and two or more bids are for the same price, the Qualified Buyer shall be selected by lottery from among the highest qualified bidders. M. NON-QUALIFIED TRANSFEREES 21. Acquisition of any interest in Deed Restricted Unit 3 or Deed Restricted Unit 4 by someone other than the Declarant, a Qualified Buyer, or the simultaneous owner of Free Market Unit 1 is a violation ofthis Agreement. Acquisition of any interest in the Deed Restricted Unit 5 by someone other than the Declarant, a Qualified Buyer, or the simultaneous owner of Free Market Unit 2 is a violation o f this Agreement. In the event that title to a Deed Restricted Unit vests by descent in, or is otherwise acquired by, any individual and/or entity who is a non-qualified transferee, the Deed Restricted Unit shall immediately be listed for sale as provided in Paragraph 14 above (including the payment of the specified fee to the APCHA), and the highest bid by a Qualified Buyer, for not less than ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, whichever is less, shall be accepted; if all bids are below ninety-five percent (95%) of the Maximum Resale Price or the appraised market value, the Unit shall continue to be listed for sale until a bid in accordance with this section is made, which bid must be accepted. The cost ofthe appraisal shall be paid by the Non-Qualified Transferee(s). a. Non-Qualified Transferee(s) shall join in any sale, conveyance or transfer of the Deed Restricted Unit to a Qualified Buyer and shall execute any and all documents necessary to do so; and b. Non-Qualified Transferee(s) agree not to: (1) occupy the Deed Restricted Unit; (2) rent all or any part of the Deed Restricted Unit, except in strict compliance with Paragraph 21 hereof; (3) engage in any other business activity on or in the Deed Restricted Unit; (4) sell or othenvise transfer the Deed Restricted Unit except in accordance with this Agreement and the Guidelines; or (5) sell or otherwise transfer the Deed Restricted Unit for use in a trade or business. c. The APCHA, the City, the County, or their respective successors, as applicable, shall have the right and option to purchase the Deed Restricted Unit, exercisable within a period of fifteen ( 15) calendar days after receipt of any sales offer submitted to the APCHA by a Non-Qualified Transferee(s), and in the event of exercising their right and option, shall purchase the Property or Unit from the Non-Qualified Transferee(s) for a price of ninety- five percent (95%) of the Maximum Resale Price, or the appraised market value. whichever is less. The offer to purchase shall be made by the Non-Qualified Transferee within fifteen (15) days of acquisition of the Deed Restricted Unit. d. Where the provisions of this Paragraph 21 apply, the APCHA may require the Non- Qualified Transferee to rent the Deed Restricted Unit in accordance with the provisions of Paragraph 25, below. N. OWNER RESIDENCE, EMPLOYMENT AND CONTINUING COMPLIANCE 22. The Deed Restricted Units are to be utilized only as the sole and exclusive place of residence of a Qualified Tenant/Buyer. 1 1 =J. In the event a Qualified Tenant/Buyer changes place of residence or ceases to utilize the Deed Restricted Unit as his sole and exclusive place of residence, ceases to be a full-time employee in {00121396.DOC / 6} Master Deed Restriction Page 9 .. accordance with the APCHA Guidelines as they are amended from time to time, or otherwise ceases to be in compliance as a Qualified Tenant/Buyer with the APCHA Guidelines as they are amended from time to time, or this Agreement. the Tenant must vacate the Deed Restricted Unit and the Deed Restricted Unit leased to a Qualified Tenant or the Unit MUST be offered for sale pursuant to the provisions o f Paragraph 14 of this Agreement, as applicable. A Qualified Tenant/Buyer shall be deemed to have changed his or her place of residence by becoming a resident elsewhere or accepting employment outside Pitkin County, or residing in the Deed Restricted Unit for fewer than nine (9) months per calendar year without the express written approval of the APCHA, or by ceasing to be a full-time employee as required by the Guidelines as amended from time to time. Where the provisions of this Paragraph 23 apply, the APCHA may require the owner to rent the Deed Restricted Unit in accordance with the provisions of Paragraph 25, below pending a sale of the Deed Restricted Unit. 24. If at any time the Qualified Tenant/Buyer of the Deed Restricted Units at any time also owns directly or indirectly through a legal entity any interest alone or in conjunction with others in any developed residential property or dwelling unit(s) located in Eagle, Garfield, Gunnison or Pitkin Counties, within the Roaring Fork Valley as defined in the Guidelines as they are amended from time to time, the Qualified Tenanâ‚¬Buyer agrees to immediately vacate the Deed Restricted Unit or list said other property or unit for sale and to sell his or her interest in such property at fair market value to like units or properties in the area in which the property or dwelling unit(s) are located, as applicable. In the event said other property or unit has not been sold by Qualified Tenant/Buyer within one hundred eighty (180) days of its listing for any reason, then Qualified Tenant/Buyer hereby agrees to immediately vacate said Deed Restricted Unit or list the Deed Restricted Unit for sale pursuant to the provisions of Paragraph 14 ofthis Agreement, as applicable. O. RENTAL 25. A Qualified Buyer may not, except with prior written approval of the APCHA, and subject to APCHA's conditions of approval, rent the Deed Restricted Unit for any period of time. Prior to occupancy, each tenant must be approved by the homeowner's association, if applicable, and the APCHA in accordance with the income, occupancy and all other qualifications established by the APCHA in its Guidelines. The APCHA shall not approve any rental i f such rental is being made by Qualified Buyer to utilize the Deed Restricted Unit as an income producing asset, except as provided below. and shall not approve a lease with a rental term in excess of twelve (12) months. A signed copy of the lease must be provided to the APCHA prior to occupancy by each tenant. Any such [ease approved by the APCHA shall show the length of the lease and the monthly rent, The monthly rent cannot exceed the Qualified Buyer 's costs, which include the monthly expenses for The cost of principal and interest payments, taxes. property insurance, condominium or homeowners assessments, utilities remaining in Qualified Buyer 's name, plus an additional amount as stated in the Guidelines and as they are amended form time to time, and a reasonable (refundable) security deposit. The requirements of this paragraph shall not preclude the Qualified Buyer from sharing occupancy o f the Deed Restricted Unit with non-Owners on a rental basis provided Qualified Bu>er continues to meet the obligations contained in this Agreement, including Paragraph 22. IN NO EVENT SHALL ANY OWNER CREATE AN ADDITIONAL DWELLING UNIT, AS DEFINED IN THE PITKIN COUNTY OR CITY OF ASPEN LAND USE CODES, IN OR ON THE PROPERTY OR A DEED RESTRICTED UNIT. {00121396.DOC / 6} Master Deed Restriction Page 10 .. 27. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THE APCHA TO PROTECT OR INDEMNIFY ANY OWNER AGAINST ANY LOSSES ATTRIBUTABLE TO THE RENTAL. INCLUDING (NOT BY WAY OF LIMITATION) NON-PAYMENT OF RENT OR DAMAGE TO THE PREMISES. NOR TO REQUIRE THE APCHA TO OBTAIN A QUALIFIED TENANT FOR ANY OWNER IN THE EVENT THAT NONE IS FOUND BY ANY OWNER. P. COMPLIANCE REVIEW AND REMEDIES FOR BREACH 28. Declarant, owners of the Deed Restricted Units, or Qualified Tenants/Buyers shall promptly provide to the APCHA all such information as the APCHA deems reasonably necessary at any time to verify compliance with this Agreement. The APCHA shall maintain the confidentiality of any financial data provided by any existing or potential owner, except for such disclosures as are necessary with respect to any litigation, enforcement or other legal proceedings. In the event that APCHA has reasonable cause to believe that Declarant or any owner is violating the provisions of this Agreement, the APCHA, by it's authorized representative, may inspect the Deed Restricted Unit between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, after providing such person with no less than 24 hours' written notice. 29. The APCHA. through its employees or agents, in the event a violation or potential violation of this Agreement is discovered, shall send a notice of violation to the Declarant, the owner of the affected Deed Restricted Unit, the tenant and/or the Qualified Buyer describing the nature of the violation and allowing said person fifteen (15) days to cure. Said notice shall state that the violator may request a hearing before the APCHA Board of Directors within fifteen (15) days to dispute the merits of the allegations. I f no hearing is requested and the violation is not cured within the fifteen (15) day period, the violation shall be considered final and the violator shall immediately list the Unit for sale in accordance with this Agreement. The failure to request a hearing shall constitute the failure to exhaust administrative remedies for the purpose ofjudicial review. If a hearing is held before the APCHA Board, (i) the decision of the APCHA Board based on the record of such hearing shall be final for the purpose of determining i f a violation has occurred, and (ii) the APCHA Board shall have absolute discretion to determine the appropriate action to be taken to either remedy the violation or require the violator to vacate or to list the Deed Restricted Unit for sale in accordance with this Agreement, and APCHA, in its discretion, shall identify the measures necessary to bring the Deed Restricted Unit into compliance, which may include a requirement to vacate and/or sell the Deed Restricted Unit. 30. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall awarded damages and costs, including reasonable attorneys' fees. 31. In the event a Deed Restricted Unit is used, occupied, leased, sold and/or conveyed without compliance herewith, such use, occupancy or sale an(For conveyance shall be wholly null and void and shall confer no title whatsoever upon the purported buyer, tenant or occupant. Each and every lease and conveyance of a Deed Restricted Unit. for all purposes, shall be deemed to include and incorporate by this reference, the covenants herein contained, even without reference therein to this Agreement. The violator shall be liable for all APCHA's costs and reasonable attorneys' fees incurred in enforcing this Agreement and in setting aside any such transaction. 32. In the event that the violator fails to cure any breach. the APCHA may resort to any and all available legal action, including, but not limited to, specific performance of this Agreement or a {00121396.DOC / 6} Master Deed Restriction Page 11 .. mandatory injunction requiring sale of a Deed Restricted Unit by the owner thereof as specified in Paragraphs 14, 21, 23, and 24. or vacating the Deed Restricted Unit, or termination of an unlawful lease. The costs of such sale, including the costs of enforcing this Agreement and reasonable attorneys' fees, shall be taxed against the proceeds of the sale with the balance being paid to the owner of the affected Deed Restricted Unit. 33. In the event of a breach of any of the terms or conditions contained herein by the owner, his or her heirs, successors or assigns. the APCHA's initial listed purchase price o f the Deed Restricted Unit as set forth in Paragraph 16a of this Agreement shall, upon the date of such breach as determined by the APCHA, automatically cease to increase as set out in Paragraph 16 of this Agreement, and shall remain fixed until the date of cure of said breach. Q. FORECLOSURE 34. a. If any Deed Restricted Unit is sold at a foreclosure sale or otherwise acquired by any person or entity in lieu of foreclosure, the APCHA and the Board, as the designee of the APCHA, shall have the option to acquire such Deed Restricted Unit within thirty (30) days after (i) the issuance of a public trustee's deed to the purchaser, or (ii) receipt by the APCHA of written notice from such person or entity of the acquisition of such Deed Restricted Unit in lieu of foreclosure, as applicable, for an option price not to exceed (a) in the event of a foreclosure, the redemption price on the last day of all statutory redemption periods and any additional reasonable costs incurred by the holder during the option period which are directly related to the foreclosure or (b) in the event of a transfer in lieu of foreclosure, the amount paid. or the amount of debt forgiven, by the transferee plus the reasonable costs incurred by the transferee with respect to its acquisition of such Deed Restricted Unit. Notwithstanding any provision herein to the contrary, except for persons or entities having a valid lien on a Deed Restricted Unit, only Qualified Buyers may acquire an interest in a Deed Restricted Unit at a foreclosure sale or in lieu of foreclosure. If any person or entity having a lien on a Deed Restricted Unit is not a Qualified Buyer and acquires an interest in such Unit in a foreclosure sale or in lieu of foreclosure, the provisions of Paragraph 21 shall apply. It is the APCHA's intent that the terms and provisions of this Agreement shall remain in full force and effect with respect to the Deed Restricted Units until modified, amended or terminated in accordance with paragraph 47 hereof. b. In the event that APCHA or the Board, as the designee of the APCHA, exercise the option described above, the APCHA and/or its designee, may sell the Deed Restricted Unit to Qualified Buyers as that term is defined herein, or rent the Deed Restricted Unit to qualified tenants who meet the income, occupancy and all other qualifications, established by the APCHA in its Guidelines until a sale to a Qualified Buyer is effected. c. Notwithstanding the foregoing, in the event of foreclosure by the holder of the first deed o f trust on such Deed Restricted Unit, if the holder of such deed o f trust is the grantee under the public trustee's deed and APCHA does not exercise its option to purchase as provided in paragraph 34, then APCHA agrees to release the Unit from the requirements ofthis Deed Restriction. {00121396.DOC / 6} Master Deed Restriction Page 12 .. R. ASSESSMENTS 35. Each owner of a Deed Restricted Unit shall have a non-exclusive right in common with the other owners of the Free Market Units to the use of sidewalks, pathways, roads. areas provided for open space. utilities and streets within the Project designated as common areas, and each such owner may make such use without hindering or encroaching upon the lawful rights of the other owners. The Deed Restricted Units' regular management/maintenance assessments shall be based on an allocation of 33.10% of the total amount of any such assessment to Free Market Unit 1,43.05% of the total amount of any such assessment to Free Market Unit 2,3.99% of the total amount of any such assessment to Deed Restricted Unit 3, 10.11% of the total amount of any such assessment to Deed Restricted Unit 4, and 9.75% of the total amount of any such assessment to Deed Restricted Unit 5. For any special or capital assessment in connection with the Project, each Deed Restricted Units' pro rata share of any such assessment shall be an amount equal to the then current assessed valuation of such Deed Restricted Unit divided by the total assessed valuation of the all of the Units in the Project, with such "assessed valuation" being the assessed value of each Unit as determined by the Pitkin County Assessor from time to time. S. GENERAL PROVISIONS 36. Notices. Any notice, consent or approval which is required to be given hereunder shall be given by mailing the same, certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice o f the change of address has been given to the other parties to this Agreement. Said notices, consents and approvals shall be sent to the parties hereto at the following addresses unless otherwise notified in writing: To APCHA: Aspen/Pitkin County Housing Authority 530 East Main, Lower Level, Aspen, Colorado 81611 To Declarant: 410 WEST END, LLC c/o John R. Provine P.O. Box 8769, Aspen, Colorado 81612 To Owner(s) To be completed by a separate Memorandum of Acceptance when sold to a Qualified Buyer 37. Exhibits. All exhibits attached hereto (Exhibits "A", "B" and "C") are incorporated herein and by this reference made a part hereof. 38. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such document. 39. Choice of Law, This Agreement and each and every related document are to be governed and construed in accordance with the laws ofthe State of Colorado. {00121396.DOC / 6} Master Deed Restriction Page 13 .. 40. Successors. Except as otherwise provided herein. the provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns ofthe parties. 41. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 42. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition, provided that such waiver is in writing. 43. Gender and Number. Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 44. Personal Liability. The owners ofthe Deed Restricted Units from time to time agrees that he or she shall be personally liable for any ofthe transactions contemplated herein. 45. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to carry out the provisions and intent of this Agreement or any agreement or document relating hereto or entered into in connection herewith. 46. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties and recorded with the Clerk and Recorder of Pitkin County, Colorado. Notwithstanding the foregoing, the APCHA reserves the right to amend this Agreement unilaterally where deemed necessary to effectuate the purpose and intent of this Agreement, and where such unilateral action does not materially impair the owner's rights under this Agreement. 47. Mortgagee Right to Cure. Nothing herein shall be deemed to impair any right of a mortgagee of a Deed Restricted Unit from curing any default by an owner of his or her financial obligations with respect to such Deed Restricted Unit. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year above first written. DECLARANT: 4 10 WEST ENDrEErn) By. N. -637 - *Declarant's name(s) John R. Provine, Manager {00121396.DOC / 6} Master Deed Restriction Page 14 .. STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) 4 The foregoing instrument was acknowledged before me this ,~ day of May 2009 by John R Provine, as Manager of 410 West End, LLC. Witness my hand and official seal; flDRIS --D2-T NOTARY PUBLIC I My commission expires: / / ~EME_OF COLORpDO_~~ My Commission Expires 05/16/2011 0-Â»1110_ Notary Public 0-3 ACCEPTANCE BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY The foregoing Deed Restriction Agreement for the Occupancy and Resale of 410 West End Condominiums of the Aspen/Pitkin County Housing Authority and its terms are hereby adopted and declared by the Aspen/Pitkin County Housing Authority. THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY By: Tom NicCabe, Executive Director {00121396.DOC / 6} Master Deed Restriction Page 15 .. STATEOFCOLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this th day of , 2009, by Bentley Henderson, as Assistant City Manager, City of Aspen Witness my hand and official seal; Notary Public {00121396.DOC / 6} Master Deed Restriction Page 16 EXHIBIT "4" Legal Description of Free Market Units and Deed Restricted Units *LEGAL DESCRIPTION EXHIBIT "B" Permitted Capital Improvements 1. The term "Permitted Capital Improvement" as used in the Agreement shall only include the following: a. Improvements or fixtures erected, installed or attached as permanent, functional, non-decorative improvements to real property, excluding repair, replacement and/or maintenance improvements; b. Improvements for energy and water conservation; c, Improvements for the benefit of seniors andÂ·~or handicapped persons; d. Improvements for health and safety protection devices; e. Improvements to add and/or finish permanent/fixed storage space; f. Improvements to finish unfinished space. g. Landscaping; h, The cost of adding decks and balconies, and any extension thereto; and/or i. Improvements associated with health and safety, energy efficiency, water conservation, and green building products. 2. Permitted Capital Improvements as used in this Agreement shall NOT include the following: a. Jacuzzis, saunas, steam showers and other similar items; b. Upgrades or addition of decorative items, including lights, window coverings and other similar items; c. Upgrades of appliances, plumbing and mechanical fixtures, carpets and other similar items included as part of the original construction of a unit and/or improvements required to repair and maintain existing fixtures, appliances, plumbing and mechanical fixtures, painting, and other similar items, unless replacement is energy efficient or for safety and health reasons. 3. All Permitted Capital Improvement items and costs shall be approved by the APCHA staff prior to being added to the Maximum Resale Price as defined herein. In order to get credit for an improvement where a building permit is required, the improvement will not be counted unless a Letter of Completion was obtained by the Building Department. 4. The Permitted Capital Improvements shown hereon shall be subject to such additions, deletions and modifications as may be set forth in the Guidelines from time to time; provided that if any improvement is made at a time when it would be deemed a Permitted Capital Improvement hereunder or under the Guidelines, such improvement shall be deemed a Permitted Capital Improvement at all times notwithstanding any modification ofthe Guidelines. {00121396.DOC / 6} Master Deed Restriction Page 17 EXHIBIT " C " MINIMUM STANDARDS FOR SELLER TO RECEIVE FULL VALUE AT RESALE . Clean unit e Carpets steam-cleaned two or three days prior to closing â€¢ All scratches, holes, burned marks repaired in hardwood floors, linoleum, tile, counter tops etc. â€¢ No broken or foggy windows ' All screens in windows (if screens were originally provided) â€¢ All doors will be in working order with no holes e All locks on doors will work e All keys will be provided; e.g., door, mail box, garage â€¢ All mechanical systems shall be in working order ' Walls paint ready â€¢ Normal wear and tear on carpet; if carpet has holes, stains, etc., the carpet and padding shall be replaced or escrow funds at current market value per square foot for a comparable product shall be held at the time o f closing to be used by the new buyer â€¢ No leaks from plumbing fixtures â€¢ No roof leaks â€¢ Any safety hazard remedied prior to closing â€¢ Satisfaction of radon issue if found at time of inspection â€¢ Alllight fixtures shall be in working order DEFINITIONS: Clean Unic All rooms will be cleaned as stated below: ' Kitchen: o Range - Inner and outer services will be cleaned. o Range hood and Exhaust Fan o Refrigerator and Freezer - Inner and outer surfaces of refrigerator and freezer will be clean. Freezer will be defrosted. o Cabinets and Countertops - Exterior and interior surfaces of cabinets and drawers will be clean. Door and drawer handles, if provided, shall be clean and in place. o Sink and Garbage Disposal - Sink and plumbing fixtures will be clean. If garbage disposal provided, this must be in working order. o Dishwasher - If provided, must be in working order and inner and outer surfaces shall be clean. â€¢ Blinds, Windows, Screens: o Mini-blinds, Venetian Blinds, Vertical Blinds, Pull Shades - Will be clean. o Windows - All window surfaces, inside and outside ofthe window glass, shall be clean. o Screens - Screens will be clean and in place with no holes or tears. â€¢ Closets: Closets, including floors, walls, hanger rod, shelves and doors, shall be clean. â€¢ Light Fixtures: Light fixtures will be clean and shall have functioning bulbs/florescent tubes. â€¢ Bathrooms: o Bathtub, Shower Walls, Sinks - Bathtubs, shower walls and sinks shall be clean. {00121396.DOC / 6} Master Deed Restriction Page 18 0 0 Toilet and Water Closet - Water closets, toilet bowls and toilet seats will be clean. If the toilet seat is broken or peeling, the seat shall be replaced. Tile - All tile and grout will be clean. Mirrors and Medicine Cabinets - Mirrors and medicine cabinets shall be cleaned inside and out. Shelves and/or Other Cabinetry - All other shelving or cabinetry shall be cleaned inside and out. â€¢ Walls, Ceilings, Painted Doors and Baseboards: Painted surfaces must be cleaned with care to ensure the surface is clean without damaging the paint. â€¢ Floors: Floor cleaning includes sweeping and mopping and could include stripping, waxing and buffing. Types of floor surfaces include wood, wood parquet tiles, linoleum, asphalt tile. vinyl tile, mosaic tile, concrete and cal-pet. If carpet, all carpets shall be cleaned at least two days prior to closing. â€¢ Interior Storage/Utility Rooms: Storage/utility rooms shall be cleaned. Properly cleaned storage/utility rooms will be free from odors, removable stains, grease marks or accumulations. Safetv Hazard: Any item that provides a safety hazard shall be fixed. This would include, but is not limited to, exposed electrical wiring, satisfaction of any radon issue found, ventilation for gas hot water system, etc. Walls Paint-Readv: All holes shall be patched; all posters, pictures, etc., shall be removed from all walls: all nails. tacks, tape, etc., shall be removed from all walls; and all walls shall be clean and ready for the new buyer to paint. I f vallpaper has been placed on the wall and in good condition, the wallpaper can remain; i f the wallpaper is peeling off, the wallpaper must be removed. Windows: If a window is broken, including the locking mechanism, the window shall be replaced, If the window has a fog residue in the inside, it shall be replaced. {00121396.DOC / 6} Master Deed Restriction Page 19 000 0 .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 05/15/09 PROJECT: 410 West End Condominiums Subdivision OWNER: 410 West End, LLC REPRESENTATIVE: Lennie Oates TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure, recorded under Book 81, Page 2, and Ord. 9 Series of 2006. The property consists of two (2) free- market residential units, and three (3) affordable housing units. Staff detailed that all certificates of occupancy must be provided for the affordable housing units before the free- market units can be occupied. No Historic Designation. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.00 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address. and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State o f Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner' s right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proofofownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11.All other materials required pursuant to the specific submittal requirements. .. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future. and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. .. LAWOFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA 13011. DING 533 E HOPKINS AVENIjE ASPEN COLORADO. 81611 LEONARD M OATES TELEPHONE l970) 920-1700 RICHARD A KNEZEVICH FACSIMILE (970) 920-1121 TED D GARDENSWARTZ DAVID B KELLY MARIA MORROW OF rOUNSE! Imo@okglaw com If)1Â·IN 1 KELLY STEPHEN R CONNOR .ANNE MARIE MCPHEE Sl ACYNEINBERG 6/[.N[}v C FOSTVED-T May 21,2009 VIA HAND DELIVERY Drew Alexander, Staff Planner City of Aspen. Community Development Dept. Aspen City Hall 130 S. Galena Aspen. CO 81611 Re: Application for Condominiumization of Project at 410 West End, LLC/ 410 West End Townhomes Condominiums Dear Drew: You will please find enclosed herewith the following in duplicate: 1. City of Aspen Application Conference Summary dated May 15. 2009. 2. City of Aspen Community Development Department Agreement for Payment of City of Development Aspen Application. 3. Attachment #2- Land Use Application. 4. Authorization Agent to File and Process Application. 5. Copies of Ordinance # 9. Series of2006. 6. Copies of Subdivision Agreement. 7. Proposed form of Condominium Map. 8. Current title commitment reflecting status of title to the subject property. 9. 8" x 11" vicinity map locating the subject parcel within the city of Aspen. 10. Applicant's check in the amount of $735.00. Please advise as to the completeness of the within application and contact me in connection with any issues that may arise in connection with the review thereof. I am by copy of this letter forwarding to Cindy Christiansen at Aspen Pitkin Housing Authority a copy of this application together with the approved form of Deed Restriction with a request that the same be executed by APCHA. l,MOASST - Data Clients - 1.MO:Provine, John.Purchase 01 410 West End.1.trto Drew Alexander 5 18 09.doc .. OATES, KNEZEVIC!-1, GARDENSWAR. 1-7 & KEN.Y P.C. May 21,2009 Page 2 Very Truly Yours, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By kkil 14 ak-4 Leonard M. Oates Encl. LMO/eh ce: Cindy Christiansen cc: Curtis Sanders CONDOMINIUM MAP OF: REVIEW SET 05/20 . 1 - 1 y/CERTIFICATE OF DEDICATION AND OWNERSHIP: KNOW ALL PERSONS BY THESE PRESENTS THAT THE UNDERSIGNED, 410 WEST END, LLC, A COLORADO LIMITED LIABILITY COMPANY, BEING 410 WEST END TOWNHOMES CONDOMINIUMS 3- Â· **A-Â»-P<â‚¬*; .... p,- -i : : 7.. I. ~ ~ *~- Â·+ ~ ~~i~ 10-.44Â·Â·~)4~3i~i),.~,Â¢~~.~~.~**FiiÂ»*~t, /t P '4- 1 ..0 /.41.- 74 THE OWNER OF THAT REAL PROPERTY DESCRIBED AS FOLLOWS: ' %4 ' .'2~ A-Â·a?,E'~ :4.24~.. 1\ .1.t 2.r ::4,*~fwif~~.*22,#222& 410 WEST END CONDOMINIUMS SUBDIVSION, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 29, 2006 IN PLAT BOOK 81 AT PAGE 2 AS RECEPTION No. 527926 A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, Ve-1-Â«2 1 4 $1 - Â·- Â·Â·1 'ti... - , 8 ,1 CITY OF ASPEN - â‚¬*fali-1 -,5. RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO . 0 04â€¢ '.-i\. 8 9> COUNTY OF PITKIN ~i v- /01 *Â·e 0 F ... :.KN.. f M STATE OF COLORADO 22,='~ -Il - , SHEET 1 OF 7 8 /4 .1 h mt j Â·kÂ·vi 1 jI 1 i ~41 ./ . f HAS BY THESE PRESENTS SUBDIVIDED SAID PROPERTY INTO TWO (2) FREE MARKET UNITS, THREE (3) AFFORDABLE HOUSING UNITS, AND COMMON ELEMENTS APPURTENANT TO EACH, AS DEPICTED AND DESCRIBED HEREON, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE AND VICINITY MAP 4 1 b , , 2 1.<1 P.* N K. Â· I 4 04.. 4 1 1 THE CONDOMINIUM DECLARATION OF 410 WEST END TOWNHOMES CONDOMINIUMS (*CONDOMINIUM DECLARATION'), RECORDED Wr~*~7F.:i.,br.*44:I : .ji -4-21-40*2- .*. -.).1. 4: ASPEN CITY *3351#-Ilizrril,L\-74,-Aa ...1 0 ,P*:, 4 '.LÂ·*2- 4 Â·Â·Â·* >,\1.Aku::gua . , 2009 AS RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO; -==3'--- 4'.-al~lb--'R-96-14.41214*/,fwAI'Ma...3 :27 Nil~ ),,4 -â€¢~ eNQUÂ·Z'Â»2 AND 1 .-1- -*:*---- -.t 4,Â· 4 +.. 2 :('\\:4-*:EÂ¢AiLEA#*:*.,: '' EXECUTED THIS DAY OF ,2009. TOWNSITE BLOCK 111 904 E COOPER/312 WEST END PYRENEES TOWNHOMES 81.-?4..LI....1.*1. 64.. ....!*i Ut:~ 1 -*:r; Ef~EfrfÂ£Â£ztÂ«lN:Â§4 LOT S " .t,i-*11 J..â€¢1-0 '0'ip 41}- â€¢dr<4**r ., -' 6 .(.*971 ' - OWNER: 410 WEST END, LLC, A COLORADO LIMITED LIABILITY COMPANY a i.e,-il-â€¢ Â£?11â€¢4@6Â£.1.-40,26124â€¢ â€¢1%,Â·,79~#j-:97â€¢1~ 4*ff .8Â·-,2r~'/) tr~*ff~.fi BY: LiL)14.Er' Frill. -Â·4~%Â·,#2.,-*:**:,1.1~:*.<%40 .4,Â·jt>:tÂ· ir:--:k Â·~ JOHN R. PROVINE, MANAGER ' 7-9---$/ L.. #e! â„¢.L-*1=2 -i~16.11.. STATE OF COLORADO) 3%62Â»EW *11/%1*,_.r Jit--1-i-*:rrf (t 'L : *5 ' 6 j NS;.3 4* Â·.4Â·,4~~~,0' liltl~.k )SS. COUNTY OF PITKIN ) *#ce~Â«2134!141Â«,<11,--66:ifÂ·,1 *;r~:4~:riz~c.:*spi3ri4ik#; 4 ><2Â·,r,4 74-Â· 'U~. THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2009, BY JOHN R. Q PROVINEAS MANAGER OF 410 WEST END, LLC. COOPER AVENUE RIX 1.-424:ful-f.*.:iri~*f/,.Â·- Â· WITNESS MY HAND AND OFFICIAL SEAL NOTARY PUBLIC | 73.70' 2%%1'y t MY C0MMISS10N EXPIRES: ,%* \,\. a.zbâ‚¬-83Â·od<: 1~ A, MYADDRESS IS: | *e*6- Â· .152'.,6 <7 --1.--.trkÂ·'1"1~i~.<<1,-4%6Z9~~~1+41 9 Â»f- f. ki =33) 11 'b.:.f~1&4 4) - ...423:1:.StÂ» ..~,r#*.-*T*($,L,-330,#Ehp~,91%~,~~494)jitN#*B&~%0~ S75Â°09'11"E 4 MORTGAGEE CONSENT SET #5 REBAR , ~ FOUND #5 REBAR AND 60.0' 150.00' ====2=========112==1==D BROKEN CAP (ILLEGIBLE) - AND 1.25"PLASTIC CAP L.S. #28643 7.50~Â©1*1*5741M&-dkAF+)\ 4 4:94Â·'~,Â·nffgaeÂ«o.~.2....:bÂ»:~t.t-~fakSâ‚¬0~ APPROVES THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS AND HEREBY SUBORDINATES THE LIEN OF SAIDDEED . ' 75.00' OF TRUST TO THE MATTERS SET FORTH HEREIN. VICINITY MAP 1 8 d SCALE: 1' = 1000' 01 NOTES DATED THIS DAY OF ,2009. â€ž. 410 WEST END ALPINE BANK * 1) DATE OF SURVEY: APRIL AND MAY 2009. CONDOMINIUMS z O SUBDIVISION 9 n DATE OF PREPARATION: MAY 2009. BY: LU NAME O 6,000 sq.ft.1 co 1 0 0 <C 0.138 acrest 7 3) BASIS OF BEARING: A BEARING OF S.14Â°50'49"W. BETWEEN THE REBAR AND CAP L.S. #28643 MONUMENTING THE NE CORNER OF 410 WEST END ITS: LD 1- 0 CONDOMINIUMS SUBDIVISION AND THE REBAR AND CAP L.S. #9184 MONUMENTING THE SE CORNER OF 410 WEST END CONDOMINIUMS TITLE 1- 1 1- W SUBDIVISION, AS SHOWN HEREON. O LU LU ' 233 --1 > u.1 i 1 A (D UTE CITY PLACE STATE OF COLORADO ) Of 0 4 2 4) BASIS OF SURVEY: THE COOPER APARTMENTS CONDOMINIUM MAP RECORDED IN PITKIN COUNTY AS RECEPTION NO. 425291, THE FINAL PLAT ~i- 2 OF 410 WEST END CONDOMINIUMS SUBDIVISION RECORDED IN PITKIN COUNTY AS RECEPTION NO. 527926, THE CITY OF ASPEN OFFICIAL- MAP )SS. O CO , COUNTY OF PITKIN ) 2 0 1 8.44 PREPARED BY G.E. BUCHANAN CATED 12/12/59, VARIOUS DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS AS NOTED. LU Z Z . THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 2009 BY AS Ill 44 u. 5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARREL CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF mO.88' (NAVD 1988) OF ALPINE BANK. , ~ ( ON THE NGS STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7944.02 FEET ON THE #5 REBAR AND CAP STAMPED L.S. #28643 0 1 LU W MONUMENTING THE SW CORNER OF 410 WEST END TOWNHOMES, AS SHOWN. WITNESS MY HAND AND OFFICIAL SEAL.. R i 0 MY COMMISSION EXPIRES: PROJECT BENCHMAR 6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF 05 SET #5 REBAR AND RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE ABOVE SAID PLATS 125" PLASTIC CAP FOUND #5 REBAR AND LISTED IN NOTE 4, AND THE TITLE COMMITMENT PREPARED BY STEWART TITLE OF ASPEN, INC., UNDER ORDER NO. 909031, EFFECTIVE DATE OF NOTARY PUBLIC ' L.S. #28643 1.25" PLASTIC CAP APRIL 24,2009. 1 Le f 1 9/ < ELEV=7944.02' 60.0' L.S. #9184 150.00' N75Â°09'11"W 7) 410 WEST END TOWNHOMES CONDOMINIUMS JS SUBJECT TO THE SUBDIVISION AGREEMENT RECORDED ON THE 29TH DAY OF AUGUST, 2006 /MORTGAGEE CONSENT AS RECEPTION NO. 527924 OF THE PITKIN COUNTY RECORDS AND BY THE CCIOA CONDOMINIUM DECLARATION FOR 410 WEST END TOWNHOMES 18.74' BLOCK 118 ALLEY CONDOMINIUMS RECORDED ON THE - DAY OF , 2009 AS RECEPTION NO. OF THE PITKIN C0UN1Y RECORDS. THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION No. 528610 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES 8) THE USE AND OCCUPANCY OF UNITS 3,4 AND 5,410 WEST END TOWNHOMES CONDOMINIUMS, IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MASTER DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF 410 WEST END TOWNHOMES CONDOMINIUMS RECORDED AT 1 J THE MATTERS SET FORTH HEREIN. #ECEPTION NO. OF THE PITKIN COUNTY RECORDS. OLD HUNDRED H- 1 Â·~/FOUND 3.5" ALUMINUMCAP IN ~DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL DATED THIS - DAY OF 12009. 1 L/' MONUMENT BOX AT APPROXIMATE O LU Z BY: r->Ill INTERSECTION OF DURANT AVENUE THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF COMMUNITY DEVELOPMENT 1- d Q- AND S. WEST END STREET THIS DAY OF , 2009, SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN RESOLUTION NO. 8 (SERIES OF 2006) RECORDED AT RECEPTION JOHN R. PROVINE O -3 CO -1 O < 1999 DREXEL BARRELL GPS-1 NO. 524235, ORDINANCE NO. 9 (SERIES OF 2006) RECORDED AT RECEPTION NO. 527923 AND THE SUBDIVISION AGREEMENT FOR WEST END CONDOMINIUMS STATE OF COLORADO) Z L.S. #28650 SUBDIVISION RECORDED AS RECEPTION NO. 527924, PITKIN COUNTY, COLORADO. LU )SS. COUNTY OF PITKIN ) COMMUNITY DEVELOPMENT DIRECTOR THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 2009 BY JOHN R. PROVINE. GRAPHIC SCALE J crrf ENGINEER APPROVAL WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: 4 TITLE COMPANY CERTIFICATE THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS, SHOWN HEREON, WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF .2009. STEWART TITLE OF ASPEN, INC., HEREBY CERTIFIES THAT 410 WEST END, LLC, IS THE RECORD OWNER NOTARY PUBLIC OF THE HEREIN DESCRIBED PROPERTY, IN FEE SIMPLE, FREE AND CLEAR OF ALL LIENS AND ( IN FEET) ENCUMBRANCES EXCEPT THE LIENS OF DEEDS OF TRUST FOR THE BENEFIT OF ALPINE BANK, JOHN R. 1 inch = 20 ft. CITY ENGINEER PROVINE AND RONALD E. SODERLING, AS TRUSTEE OF THE SODERLING LIVING TRUST U/D/T MORTGAGEE CONSENT FEBRUARY 20, 1996 RECORDED AS RECEPTION Nos. 537458, 528610, 528611 AND 555599. 4 SURVEYOR'S CERTIFICATE SHEETINDEX THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS STEWART TITLE OF ASPEN, INC. I MARK S. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES RECEPTION No. 528611 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES CONDOMINIUMS; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL- BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE LOCATION THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS AND HEREBY SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL. BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED THE MATTERS SET FORTH HEREIN. BY: AND VICINITY MAP COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD , 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS SURVEYS PERFORMED UNDER MY SUPERVISION IN APRIL AND MAY 2009; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT DATED THIS - DAY OF '2009. NAME TITLE 3) LOWER LEVEL PLAN VIEW 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 4) GROUND LEVEL PLAN VIEW THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDOMINIUM MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 BY: STATE OF COLORADO) 5) SECOND LEVEL PLAN VIEW OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP RONALD E. SODERLING, AS TRUSTEE )SS. ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSIFAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL OF THE SODERLING LIVING TRUST U/D/T COUNTY OF PITKIN ) 6) UPPER LEVEL PLAN VIEW FEBRUARY 20,1996 7) ELEVATION VIEWS BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAklt! 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 STEWART TITLE OF ASPEN, INC., THE FOREGOING WAS ACKNOWLEDGED BEFORE ME THIS - DAY OF , 2009 BY UNDER ORDER NO. 909031, EFFECTIVE DATE OF APRIL 24,2009. AS OF STEWART TITLE OF ASPEN, INC. STATE OF ) )SS WITNESS MY HAND AND OFFICIAL SEAL. Â® INDICATES CORNER MONUMENT AS NOTED COUNTY OF ) MY COMMISSION EXPIRES: MARK S. BECKLER, P.L.S. #28643 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF , 2009 BY RONALD E. SODERLING, AS , 2009. DATED TRUSTEE OF THE SODERLING LIVING TRUST URVT FEBRUARY 20,1996. NOTARY PUBLIC . WITNESS MY HAND AND OFFICIAL- SEAL. UNIT AREA TABLE (sq. ft.) MY COMMISSION EXPIRES: UNIT 1 2 3 4 5 4 CLERK AND RECORDER'S ACCEPTANCE SOPRIS ENGINEERING - LLC LOWER LEVEL 856 1,274 - 560 565 GROUND LEVEL 808 431 396 394 400 THIS CONDOMINIUM MAP OF 410 WEST END TOWNHOMES CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN NOTARY PUBLIC CIVIL CONSULTANTS GARAGE 388 372 - - COUNTY, COLORADO AT o'CLOCK--M.,THIS DAY OF , 2009, IN PLAT BOOK . AT PAGES , RECEPTION 502 MAIN STREET, SUITE A3 SECOND LEVEL 1,665 1,615 - - - NO. NOTICE: ACC0RDINGTOCOLORAD0 lAWYOUMUSTCOMMENCEANYLEGAL UPPERLEVEL - 912 - - - ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 TOTAL 3,717 4,604 396 954 965 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311 ALLOCATION 34.95% 43.29% 3.72% 8.97% 9.07% PITKIN COUNTY CLERK AND RECORDER BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1M OF 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 7 EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 1 TIT .- ~_ '~~ C &,f, li'MÂ¥â€¢*P,qi -'f,4'-R-,th LE?T _ 1 -1 1 1 - . -- L 1 1 1 1 1 1.- - 1 1- 1 11-11.- - 1- --1 1- ---1 - 1 1 5 WEST END STREET - - _- ~-_ _ *, -F Â· CURB 11Â·ILET , -2- STRUCTURE ~ ~ - 1 11 - .-r- 1 -1 1 1 - 11 1 1 r 75 00' ROW - 1- Ill- - - 4- ~NZ) \ Â·Â· 1 - 1 -// i .' Â·- ,1 -- -1 1 - a ic - . 1 / ./ P 4===ZO\\ . A A h h 6 Â· p~ - 1 PROJECT BENCHMARK, h , / / COACRETE SIDEWALK A Â· r- PÂ» - - ./ A A / th BUI.DING TIE CORNER AND - ..1.- 0\ 1 1- / C===5 UNIT TIE CORNER h A ~ SET#5 REBAR -1 - / ROOF OVERHANG ( FOUND #5 REBAR AND AND 1.25'PLASTIC CAP ' \ BROKEN CAP (ILLEGIBLE) ~ ' L.S.#286439 \ 41-Y-. .ELEV=7944.02 - 1 ,- - _ - -- N14Â°50'49"E 100.00' ~ ~ STORM 1 I / GAS METERS (5) 4 Â¢ ELEK= 7943.01' ~ 1 -1 : 93> 0.80'7 p 7.- ELEV=?r3.01' ~ 0.20' 99 0.70'411333- <- [--_- 0.88' -[3~ 1 Al 1-1 GRATE ~ -1Â¥ FIRE HYDRANT s :. 1 9094- [ ---I 1 i:-t'-, .L EDGE OF 4- , 3.45' 1 ~ - /3.17 14.97' 0.50'-//2 13,00' p 9 13.50' -13.27' 3.25' N14Â°48'56'E 17.87 1. 5 ASPHALTÂ· 9, m _02 M , 02 PL 0 F mp.) '.I: 0 -- -1 I / W 8.54' 8.83' L 7 1 1 1 BLOCK 118 COOPER AVENUE ~, 1~R~W '~ - .Â· - 7370' ROW - 4.03' = ' 1 1- 1 - 1 1 - - - 5TORM - 9 - - 4,00 :Vol i Â· * MANHOLE@ - - Ni- 4 A 15.45' -L 0 1.2 1 - 1 - LF 0.70' 1 40\ r 410 WEST END TOWNHOMES '--Â·, :-Â·'.-'Â·' +t.,[-- 2 - t-IwINDowl ~ 1 iF 6,000 sq.ft.* 4.031 3 \ h ~ / STORM -2 Fit) - 1 "s - 4 SEWER L 0.138 acres:t ~.Â·CLEANOUT /.1 - STORM - 51 , - 1 1 00/ 11 1 1 , r U TRENCH DRAIN =A\.1 - 1 - 1 - 5 9- (TYP.) | - g EXTERIOR BUILDING - - i r FOOTPRINT AT A- / b / A / GROUND i .. ~, 1,! I 1 -1 - - -.i i * '.5, Ik ' 1, , ,- A WANHOLÂ£Â§, - ~ 7 7 291 ' -l 1 --1- I SEWER+ 0.75' Â·-16â€ž 21.1V 135 4 WELL #-4 - P (TYP1 -* ,/ WINDOW ' i ,WELL . 19! (TYP.) ) ) 6 -Â® OVERHANQ (TYP.y -/ A-'015 1.- 1 - A 14.3Â¥ 3 J , 9.87' tbo.77 A 1 1 - LE_ 1~ _ _1 -- Â»~ 11.or LA_ 1,-~1 1 1 10 - 1 t.- -- - IMO O TRASH ENCLOSURE g 1 A WINWW " P 0 77'-/~ - Q.22'- 1 STORM Â» Â·- iN , WELL A ** a 0801-/ f GRATE - 0.76'-1 L - -1 - - - r. 15.331 , A Â·Â· . 1- 1* 1 - - -Â· - A 47 3 LJ' 6 4 u J U h I; :'l 'r F0UND REBAR L ELECTRIC (BASIS OF BEARING) S14Â°50'49"W 100.00' SET #5 REBAR ' . - bleÂ·:AND CAP LS. #91Â¥ KICATV PEDESTAL \ WOODFENCE AND 1.25' PLASTIC CAP ' ' ~ ' - - ~- ' ' 44 , I METERS i ~* 1 4 2 1 -1 L.S.#28643 iÂ· :f IR- 'tÂ·j''f 3 Tâ‚¬LEPHON~ LECTRIC L RETAINING WALL UTE CITY PLACE - ' B:.:Â·1'~~-Â·~Â·-;.I.- -:., : iPEDESTA~Id 31 0 RANSFORMER \ R.R. TIE ~ i - - i .1 14= u- 1 BUILDING EXTERIOR AND EASEMENTS SHEETINDEX 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE AND VICINITY MAP 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 3) LOWER LEVEL PLAN VIEW 4) GROUND LEVEL PLAN VIEW 5) SECOND LEVEL PLAN VIEW 6) UPPER LEVEL PLAN VIEW 7) ELEVATION VIEWS Â® INDICATES CORNER MONUMENT AS NOTED N14Â°48'56"E NORTH-SOUTH EXTERIOR WALL BEARING (TYP.) GRAPHIC SCALE N75Â°11'Ott"W EAST-WEST EXTERIOR WALL BEARING (TYP.) 1~ ASPHALT SURFACE ( IN FEET) | 4 CONCRETE SURFACE 1 inch = 10 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING To COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAY ANY ACnON (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. M.DO, L L.GLN OLD HUNDRED 26.55' CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1/4 OF 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 7 LOWER LEVEL PLAN VIEW S. WEST END STREET PROJECT BENCHMARK AND UNIT TIE CORNER PROPERTY BOUNDARY (TYP.) N14Â°50'49"E 100.00' SET #5 REBAR 0 FOUND #5 REBAR AND AND 1.25" PLASTIC CAP ~ BROKEN CAP (ILLEGIBLE) L.S. #28643 ELEV=7944.02' 1 1 1 1 17/ 1 .+ =:= 45.53' 13.17' h / 27.441 l - UNIT TIE BEJRS ~ ~ UNITT E BEARS CE= 7940.69' CE= 7940.69' ~ ~ CE= 7940.68' S 21Â°:2'3:3" W 5~ 14' S 22Â°13')1" W 52.97' GENERAL NOTES: 11 11 11 11 CE=7940,71' = 4 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM - ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT 1 =/ CE= 7940.71' DIMENSIONS AND ELEVATION INFORMATION. = = CE= 7940.65' 0 lic UNIT 2 8 5 - 2) INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED I -. CE= 7941.48 1,274 sq.11.1 BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE SF=7931.51Â» = UNIT 1 ~ 3.70'2 BOUNDARY ARE GCE. THESE ELEMENTS, IF ANY, AND ANY INTERIOR 856 sq ft.:t WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT 1 1 46 SF= 7931.51' / 2.74 CALCUIATIONS. LCE L __ __ _ _ J = CE= 7940.60' 3) AREAS NOT SPECIFICALLY DESIGNATED AS A UNIT, LCE OR GCE CE= 7940.36' = / UNIT 1 CE= 794~.69' =- CD _11 OR 16.02~ _ ~-~~~- ---1, 3.08' 3.95' / \ SURFACE TO UNFINISHED DRYWALL SURFACE. ARE GCE. CE= 7940.63' 3 - LAS r - 4 INTERIOR UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL L-L-1 ~ CE= 7940.70' CE=7939.34' 1 18.65' \- WINDOW WELL LCE N , 41 1 --~3~ 510' E ~ 6.34' 6 ~ 5.46' 12 65 9 N 9 0 CONCRETE TO UNFINISHED DRYWALL CEILING. 1.79' . 0 ~ 2.74' 0 8.46' 5) INTERIOR UNIT ELEVATIONS ARE FROM TOP OF PLYWOOD OR I IMIT 9 41 / -w- ~ 8.359 6 4.20' t.' = e 8 6) LCE DIMENSIONS ARE FROM FINISHED SURFACE TO FINISHED CE= 7940.64' C E= 7940.701 - 3.799 m / - _guL_, 11 11 CE= 7940.65' CE= 7940.61' 7.08~ 5. 2% . .1- CE= 7940.61' C 4 CE= 7940.61' t' Â» SURFACE. 62 62 < 4 DE= 7!MC.11 : / m L WINDOW WELL - 6 5.â‚¬3' 1 " " m BUILDING TABLE: CE= 7940.75 964' C Z U | CE= 7941.51' ~ , 1 5.48' CE= 7940.67' -' H N = n GCE - GENERAL COMMON ELEMENT F CE= 7940.70' CE= 7940.76' CE= 7940.65' = CE= 7940.70' LCE - LIMITED COMMON ELEMENT z = 11 : 11 11 11 0 11 11 - SF - ELEVATION AT TOP OF PLYWOOD OR CONCRETE " UNIT 4 560 sq.ft.* 1- - CE - CEILING ELEVATION - 4 SF =7931.51' CE= 7940.66' ~ ~ 0 1 11 CE=7940.68' 8 N14Â°48'56'E NORTH-SOUTH INTERIOR WALL BEARING (TYP.) j UNIT 5 (2 21 4 2 N75Â°11'04*W EAST-WEST INTERIOR WALL BEARING (TYP.) 19.34' CE= 7940.69' 565 sq.ft.+ 9.08' CE= 7940.69' SF = 7931.51' 14-1116--11 1 t- LCE JV T 2 /2 T-1 , =1 0 CE UNIT 4 4 ~-- - / WIND: VtÂ· NELL 1/ 5 I I . i UNIT TIE BEARS ~4\ CE= 7940.70' *4: P ~ WHyDOW WELL . lt.Â§(' a ==J -4=1 /- S 65Â°04'51' W 65.96' - 1 7.08' nES CY 1\1 / ,10t><1%63~'/ s~ge/ ~304 Vk / 10 Q ~14 LCE UNIT.8~Â» 4.63' 718 j 8.97' ~ * 5.18' 21 ~ ~ ~ UNIT TIE BEARS L WINDOW WELL S 50Â°32'02" W 92.60' SET #5 REBAR FOUND REBAR AND G) AND 1.25" PLASTIC CAP CAP L.S. #9184 (BASIS OF BEARING) S14Â°50'49*W 100.00' L.S. #28643 UTE CITY PLACE LOWER LEVEL (SUB-GRADE) PLAN VIEW SHEETINDEX GRAPHIC SCALE 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE AND VICINITY MAP 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 3) LOWER LEVEL PLAN VIEW ( IN FEET) 4) GROUND LEVEL PLAN VIEW 1 inch = 5 ft 5) SECOND LEVEL PLAN VIEW 6) UPPER LEVEL PLAN VIEW 7) ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â® INDICATES CORNER MONUMENT AS NOTED NOTICE: ACCORDING TOCOLORADOLAWYOU MUSTCOMMENCEANYLEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WIIHIN IHREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311 - 29065.01 05/20/2009 29065 CONDO.DWG BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DAm OF CERTIFICATION SHOWN HEREON. Al.AL 1311V 8LL MOO-18 ,00'09 AA. L 1.60.9ZN ,62 6 1 - 5Â°09'11"E 60.00' 'UB L Ir~- CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 4 OF 7 GROUND LEVEL PLAN VIEW CONCRETC- CONCRETE SIDEWALk PROJECT BENCHMARK AND S. WEST END STREET SIDEWALK- 2 UNIT TIE CORNER PROPERTY BOUNDARY (TYP.) N14Â°50'49'E 100.00' FOUND #5 REMB AN[ SET #5 REBAR Â© AND 1.25" PLASTIC CAP 15.11' 15.35' ' z-- LCE ~ BROÂ¢EN CAP (ILLEGIB -E) LCE LCE [ L.S.#28643 UNIT 2 __ , * LCE P UNIT 1 ELEV=7944.02' r- ROOF OVERHANG (TYP.) LCE UNIT 2 - UNIT 2 UNIT 1 LANDSCAPE AREA LANDSCAPE AREA ~ 41 & p.\ EXTERIOR LANDSCAPE AREA LANDSCAPE AREA V.-- --- ----.- --------ji 3.45 ENTRYWAY/FOYM r-3.12' 3.25 1 g L th--11 -]r-- f T 1 D--12 1 r--- - LCE UNIT 1, - i A 1-1 f --112 EXTERIOR \ _ 19.10' 1 x A-~ 15.95' ' 15.03 2 ENTRYWAY/FOYER C) /9 14.80' - b UNIT TIE BEARS Â¥W @ 7 1 62 r ELEV = 7943.01' 9 [r- . UMT TIE BEARS S 21Â°46'36" W 32.92' g Â£ ELEV= 7943.01' 7 1* - 1 00 A 00 N 22Â°1)5'27' E 52.16' It--Â·-41~\ 8.54' 41 1Â»--11~ ~~ ' Â»---41 It , dll lkÂ»--4 A i I i / 8.83' / 1 GENERAL NOTES: aU \ ar UNIT 2 1 CE= 7952.35' g \ CONCRETE ~ 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM 10.60 0 10.00' CE= 7952.33' 2 mi GARAGE 4 1\ : 4 CE= 7952,24' 1 ~ SIDEWALK _3 ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT UNIT 1 372 sq.ft.:t Â£ - ~ DIMENSIONS AND ELEVATION INFORMATION. SF = 7943.01'/ E ~ 2 m.12: SF=7*.01,~ 1 ~ ~ 2) INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED 00 N 4 , N . 02 SF = 7943.01' 1- = 4 - N - A ~ BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE / --- 3.85' - BOUNDARY ARE GCE. THESE ELEMENTS, IF ANY, AND ANY INTERIOR CE= 7952.41' | CE= 7952.37' L = WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT 2.74~/ ~ CALCULATIONS. CE= 7951.36' 1- - CE= 7951.52' " CE= 7952.36' v 7 LCE CE= 7951.22' ~ L /~ 3) AREAS NOT SPECIFICALLY DESIGNATED AS A UNIT, LCE OR GCE P | 5.94' i 00 = f I UNIT 1 ARE GCE. CE= 7951.01' " N Â£ M /-WINDOW WELL CE=7950.94' *p3:ip-i|5 4.85' ,) 1-- ~ c -- - - - 1- 0 4) INTERIOR UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL 12.69' A CE=7951.82' CE= 7952.38' CD 7951.43' SURFACE TO UNFINISHED DRYWALL SURFACE. I~ _ 1(.73' 33.98' 3.53' @ - ~ - _2Â·M.7 -2,-:- 0 15.99' O ~ 5) INTERIOR UNIT ELEVATIONS ARE FROM TOP OF PLYWOOD OR 5.21' m LCE p -% N 4.701 13.15' 13.60' 6; O CONCRETE TO UNFINISHED DRYWALL CEILING. ~2 23 UNIT 2--0 2 ./ -0.70 2 0 - 3.85' ' 14.00' - 62 4.20' = 9 = m CE= 7952.45' - LCE :0 6) LCE DIMENSIONS ARE FROM FINISHED SURFACE TO FINISHED Ar- 0 1 ' UNIT 1 M > ~ SURFACE. 14.19 - LANDSCAPE AREA g Â§ , WINDOW WELL UNIT 1 -1 r---- Sz bo C A GARAGE I N m BUILDING TABLE: ROOF OVERHANG CIYP.) -42- a 388 sq.ft.=t ~ M - N SF = 7943.01' p EDGE OF ~ ~ GCE - GENERAL. COMMON ELEMENT P M Q W UNIT 3 CONCRETE -/ LGE a | (IYP) LCE - LIMITED COMMON ELEMENT 1 - p~ UNIT 1 - 3.04' 396 sq.ft.i V 1 DRIVEWAY AREA SF = 7943.01' ~ ,1 SF - ELEVATION AT TOP OF PLYWOOD OR CONCRETE o UNIT 4 w rn UNIT 5 3.05' w 51 O 11 394 sq.ft.* CE= 7952.31' 400 sq.ft.+ SF =7943.01' r 2 62 20.72 2- -- ~ ~ SF = 7943.01' e . CE- CEILING ELEVATION N c2 = CE=7951.91' a ROOF OVERHANG (TYP.) ~ 18.09 N14Â°48'56"E NORTH-SOUTH INTERIOR WALL BEARING (TYP.) - i N75Â°11'040W EAST-WEST INTERIOR WALL BEARING (TYP.) 10 J 0 A 4, 7.90' 19.52 0 5 A LCEUNIT 4 9 CE= 7952.36' ' 2-| ~ ~ ~ - ~ c PARKING A /18 A / CE= 7952.50' LCE JAIT 1 - ~1 ~|~ LCE UNIT 4 6, r A= WINDOW WELL * ~ 11 CE= 7952.37' EL___ k WINDOW WELL * 11 2 UNIT TIE BEARS 10<01,~h .._ 2- 1'.90' - /= S 65Â°09'35" W 66.07' - L /-X GCE =r E _ UNIT TIE BEARS p. UNIT TIE BEARS & ~ 18.00' 2* COVERED ACCESSIAREA Â»&' ~ S 47Â°36'47" W 99.9{' S 50Â°28'11' W 92.74' ~\~ A P. N~~ 4 744* *\ \ / 12.26' 57 1 - [-714 9.55 - lilli 111 11 , 12 * 41 '01CE UM'i~5'~~ -r-lp 1 1Â»-1 L/1 /1. / Ill â‚¬ #8 , 5.18' 8|IN 1.-1 00 LCE UNIT 5 00 1- 1 -7. - PARKING :S\P A LCE UNITS 3,4, AND 5 -/ / LCE UNITS 3,4, AND 5 GCE A L WINDOW WELL h CONCRETE < CONCRETE f A - TRASH ENCLOSURE A k SIDEWALK SIDEWALK 7--- FOUND REBARAND ' - A p. 1 SET #5 REBAR F , I CAPL.S.#91844 0 0 0 0 0 0 m OAND 1.25~PLASTICCAP (BASIS OF BEARING) 9~4Â°50'49~W 100.0@ ~ m L,S.#28643 WOOD FENCE UTE CITY PLACE GROUND LEVEL PLAN VIEW SHEETINDEX GRAPHIC SCALE 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE AND VICINITY MAP 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 3) LOWER LEVEL PLAN VIEW ( IN FEET) 4) GROUND LEVEL PLAN VIEW 1 inch = 5 ft. 5) SECOND LEVEL PLAN VIEW 6) UPPER LEVEL PLAN VIEW 7) ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â® INDICATES CORNER MONUMENT AS NOTED NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL- CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS 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 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Â¥3Â¥Â¥ AVMEAIHO X31-1VeLL 30018 ,00-09 M. L k.60.9Â£N S75Â°09'11 't6917-2 11.42' CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1/4 OF 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 7 SECOND LEVEL PLAN VIEW S. WEST END STREET PROJECT BENCHMARK AND UNIT TIE CORNER PROPERTY BOUNDARY (TYP.) N14Â°50'49"E 100.00' FOUND #5 REBAR AND SET #5 REBAR G AND 1.25' PLASTIC CAP ~ BROKEN CAP (ILLEGIBLE) L.S.#28643 ELEV=7944.02' LCE UNIT 2 LCE UNIT 1 PRIVATE DECK PRIVATE DECK 11 r--41 m 4| , ROOF BELOW F 19 21 4 9,1~ |b 4llb J 1Â»-41 14 W 11 ROOF BELOW 1 . M RE 1 5 R7' ~ ELEV = 7953.80' 19.14' CE= 7962.87' *h E IM 6 -Sk UN T TIE BEARS _~ , L UNIT TIE BEARS p. ~ 14.87 44> 1 ~ ~ 21'52'33' W 52.14' 41, dI ELEV = 7953.80' - BUILDI~G AND UNIT TIE CORNER BEARS - GENERAL NOTES: t] 10.74' 1 1 1 i 10.71' . - 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM 1 1-1 CE= 7961.77' ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION INFORMATION. CE= 7977.10' I 50 2) INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED M w , BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE = = ~ BOUNDARY ARE GCE. THESE ELEMENTS, IF ANY, AND ANY INTERIOR UNIT 2 - WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT 1,615 sq.fli f 11 11 &4 CALCULATIONS. CE= 7973.62' -1 SF = 7953.70'/ UNIT 1 g F= CE= 7973.45' CE= 7962.54' 3) AREAS NOT SPECIFICALLY DESIGNATED AS AUNIT, LCE ORGCE L< 4 | 1,665 sq.ft.* ~ ARE GCE. SF = 7953.70' ' - - 7 / 1 CE=7971.32' -1 CE= 7964.83' 4) INTERIOR UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL ~- CE= 7971.15' y 11.96' -__--- | CE= 7968.55' SURFACE TO UNFINISHED DRYWALL SURFACE. 1 4 5) INTERIOR UNIT ELEVATIONS ARE FROM TOP OF PLYWOOD OR 0 0 CONCRETE TO UNFINISHED DRYWALL CEILING. .C . A him . 7LN CE= 7962.51' - -4 -1 6) LCE DIMENSIONS ARE FROM FINISHED SURFACE TO FINISHED CE= 7961.70' bo 4 C> CE=7961.70' 9 09 & r,1 > SURFACE. CE= 7961.71' .0 EZ C m BUILDING TABLE: 13.85' a CR 1, 8 " N 10.73' E-= 15.91' GCE - GENERAL COMMON ELEMENT L 10.16 - LCE - LIMITED COMMON ELEMENT CE= 7961.34' M = SF - ELEVATION ATTOP OF PLYWOOD OR CONCRETE CE - CEILING ELEVATION -fl r LCE UNIT 2 = PRIVATE DECK -i LCE UNIT 1 t./ N14Â°48'56"E NORTH-SOUTH INTERIOR WALL BEARING (TYP.) -6 CO - a PRIVATE DECK PÂ° N75Â°11'WW EAST-WEST INTERIOR WALL BEARING (TYP.) 00 03 -1 11 CE= 7962.51' CE= 7961.71' CE= 7961.70' CE= 7961.28' =g= 4: 5 V 10.1Ly> 04 23.17' 27.35' 15.91' n 1 4 MIP 41 lk--Â·---11 IP----41 IP [IP 41 SET #5 REBAR FOUND REBARAND Â® Â©AND 1.25"PLASTICCAP CAP L.S. #9184 (BASIS OF BEARING) S14Â°50'49~W 100.00' L.S.#28643 UTE CITY PLACE SECOND LEVEL PLAN VIEW SHEETINDEX GRAPHIC SCALE 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE AND VICINITY MAP 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 3) LOWER LEVEL PIAN VIEW ( IN FEET) 4) GROUND LEVEL PLAN VIEW 1 inch = 5 ft. 5) SECOND LEVEL PLAN VIEW 6) UPPER LEVEL PLAN VIEW 7) ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â® INDICATES CORNER MONUMENT AS NOTED NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFmR YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANYACnON (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERMFICATION SHOWN HEREON. X3114 8ll >10018 000'09 Mi, & t.60.9ZN ,91 LL CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1M OF 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 7 UPPER LEVEL PLAN VIEW S. WEST END STREET PROJECT BENCHMARK AND UNIT TIE CORNER PROPERTY BOUNDARY (TYP.) N14Â°50'49"E 100.00' FOUND #5 REBAR AND SET #5 REBAR G AND 1.25" PLASTIC CAP 9 BROKEN CAP (ILLEGIBLE) L.S.#28643 ELEV=7944.02' S 21F=Ew= 7 L k-~ r--41 * 4 1Â»-0-41 41 |f # 11 5 113 1 Â· 6.02' ' 1 23 & CE= + 3.00' ~ 1 4 4 2.89' CE= +1 J.;;~ -J)-11 1 14 b/' GENERAL NOTES: CE=+10.75' ~ 1 UNIT 2 ~ CE= +8.Â°t ELEV = 7966.38' -~ 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM U - 810* f 1 - ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT OPEN TO UNIT 2 i /[ sf F = ~~ DIMENSIONS AND ELEVATION INFORMATION. BELOW CE= +15.85' 2) INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED CE= +11.33' BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE SEE SHEET 5 OF 7 L CE= +14.35', CE= +12.70' = BOUNDARY ARE GCE. THESE ELEMENTS, IF ANY, AND ANY INTERIOR 5 WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT j I 1 70' ZIL 90 - LCE ROOF CALCULATIONS. 6 Â« ILl[ UNIT 2 ~ | ARE GCE 1~.70' _ PRIVATE DECK 3) AREAS NOT SPECIFICALLY DESIGNATED AS A UNIT, LCE OR GCE CE= +9.08 1 CE= +9.10' ~ / 1 -- ELEV = 7969.58' -1 4) INTERIOR UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL / SURFACE TO UNFINISHED DRYWALL SURFACE. LH . 41 . i 6.86' 0 CE= +8-20' f ~ 14.57' --0 5) INTERIOR UNIT ELEVATIONS ARE FROM TOP OF PLYWOOD OR CONCRETE TO UNFINISHED DRYWALL CEILING. 61 CE= +9.08' = 5 -0 ~ L 4.19' _1 - 6) LCE DIMENSIONS ARE FROM FINISHED SURFACE TO FINISHED g SURFACE. X IP 41 a) < 106' ~ 02 Pm CE=+8.20' 9 SZ GCE C Â¥ 1.00' ~- = MECHANICAL m BUILDING TABLE: 3.26' ~ 4- CE=+8.101 PO CE= +12.60' 4 9 r- - 7 / 18.01~ GCE - GENERAL COMMON ELEMENT 5.73 LCE -LIMITED COMMON ELEMENT LCE UNIT 2 0 - ~ CE=+9.25' CE= +9.07' ROOF PRIVATE DECK 4 k ~ 11 L ROOF = SF - ELEVATION AT TOP OF PLYWOOD OR CONCRETE 1 .1 - OVERHANG CE=+11.07' -1 CE - CEILING ELEVATION Ellf] LCE ~ CE= +8.10' N14Â°48'WE NORTH-SOUTH INTERIOR WALL BEARING (TYP.) MECHANICAL, Â·Â·t 3.27' UNIT 1 , N75Â°11'04~W EAST-WEST INTERIOR WALL BEARING (TYP.) 1 -1.001 PRIVATE DECK /- CE= +10.60' 0- - -- - *1 / CE= +10.00' t:g CE= +10.00' ~ CE=+8.00' 23.10'-CE= +8.10' 1 A 06' 6.85' 9 1 ~~ /// FOUND REBAR AND SET #5 REBAR CAP L.S. #9184 (BASIS OF BEARING) S14Â°50'49~W 100.00' 9 AND 1.25' PLASTIC CAP L.S. #28643 UTE CITY PLACE UPPER LEVEL PLAN VIEW SHEETINDEX GRAPHIC SCALE 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE - 20 AND VICINITY MAP 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 3) LOWER LEVEL PLAN VIEW ( IN FEET) 4) GROUND LEVEL PLAN VIEW 1 inch = 5 ft. 5) SECOND LEVEL PLAN VIEW 6) UPPER LEVEL PLAN VIEW 7) ELEVATION VIEWS SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 Â® INDICATES CORNER MONUMENT AS NOTED NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE RAN TEN 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 13-11Â¥ GL L MOO-18 000'09 M. 1 660.9LN 26-OX 14.21' #.9 CONDOMINIUM MAP OF: 410 WEST END TOWNHOMES CONDOMINIUMS REVIEW SET 05/20 A PARCEL OF LAND SITUATED IN THE NW1/4 OF SECTION 18, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 7 OF 7 ELEVATION VIEWS GENERAL NOTES: 7978.98' 7980.34' - 7980.34' 7978.98' 7972.89' 7973.16' 7974.00' 7978.34' 7978.35 1) PLAN, ELEVATION AND CROSS-SECTION VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH AS-BUILT 7976.51' DIMENSIONS AND ELEVATION INFORMATION. 7973.16' L-3 7970.68' 2) INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED 7970.6T 7970.6T 7970.40' BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE 7968.26' BOUNDARY ARE GCE. THESE ELEMENTS, iF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT m EG CALCULATIONS. 7963.12' 7970.71' 3) AREAS NOT SPECIFICALLY DESIGNATED AS A UNIT, LCE OR GCE 7963.10' 963.12' NT 0 7 b ARE GCE. 001 0 SURFACE TO UNFINISHED DRYWALL SURFACE. ' NN!.13] _UJB 4) INTERIOR UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL 7953.70' 5) INTERIOR UNIT ELEVATIONS ARE FROM TOP OF PLYWOOD OR ' CONCRETE TO UNFINISHED DRYWAL-L CEILING. 6) LCE DIMENSIONS ARE FROM FINISHED SURFACE TO FINISHED m Fiml DE]m m Cle[30 Ouum Unno numm SURFACE. NI A GGE BUILDING TABLE: GCE - GENERAL COMMON ELEMENT min 1[7Ell 131 lEil m m UNIT 2 LCE - LIMITED COMMON ELEMENT UNIT UNIT 5 UNIT 4 UNIT 2 SF - ELEVATION AT TOP OF PLYWOOD OR CONCRETE CE - CEILING ELEVATION N14Â°48'56"E NORTH-SOUTH INTERIOR WALL BEARING (TYP.) EAST ELEVATION SOUTH ELEVATION N75Â°11'041 EAST-WEST INTERIOR WALL BEARING (TYP.) SHEETINDEX 7980.34' 1) CERTIFICATES, NOTES, EXTERIOR BOUNDARY, UNIT AREA TABLE 7980.3T 7968.26' 7978.06' 7978.35' 7978.98' AND VICINITY MAP 7978.35' 7978.06' 2) EXTERIOR BOUNDARY AND EXTERIOR BUILDING DIMENSIONS 7976.51' . 3) LOWER LEVEL PLAN VIEW 4) GROUND LEVEL PLAN VIEW 7970.52' 5) SECOND LEVEL PLAN VIEW 7974.00' _ 6) UPPER LEVEL PLAN VIEW 7968.32' 7962.36' 7970.77' 7968.25' 7) ELEVATION VIEWS 7962.46' 7968.25' 7964.90' ~ 021 m co m 00 m OF 7963.13' 001030 Â® INDICATES CORNER MCNUMENT AS NOTED L..01UL_11 U 1 UNIT LIE] P] 7953.701 8 - il Ed EE NIT 3 El - EB - 1 1 EN 11 UNIT 4 UNIT 1 NORTH ELEVATION WEST ELEVATION , SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING TOCOLORADOLAWYOU MUSTCOMMENCEANYLEGAL CARBONDALE, COLORADO 81623 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREEE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAYANY ACnON (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 29065.01 05/20/2009 29065 CONDO.DWG YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.