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Home My WebLink Aboutcoa.lu.co.411 S Monarch.Dancing Bear.0003.2009411 S. MONARCH 0003.2009.ASLU - CONDO MAP REVIEW 2737-182-19-002 Im �'J a F� THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0003.2009.ASLU 2737 182 19 002 411 S MONARCH DREW ALEXANDER CONO MAP REVIEW EBAN CLARK 1 /25/2009 CLOSED BY Angela Scorey on 06/05/2009 1Varcd (D# 2? 3 -� J� Z - 19 -0 0 2 00o3-2oOq - ASLL4 File Edit Record Navigate Form Reports 8 Format Tab Help - ! M v its 4 h 4 010 M;nj Valuation I Custom Fields I fictions I Fees I Parcels I Fee Summary I Sub Permits I Attachments I Routing Status I Routing d / Permit Type aslu AspAsp Land Use Permit 0003,2009,ASLU Address 1411 S MONARCH ST AptfSuite City ASPEN State CO 4 Zip 81611 I Permit Information ---111 Master Permit Routing Queue aslu07 Applied �O1 f 08/2009 Project i Status pending Approved I J Description CONDOMINIUMIZATION jCONDO MAP REVIEW - DANCING BEAR RESIDENCES Issued F--Ejl Final I Submitted EBAN CLARK 925 B700 Clock IRunning Days F 0 Expires 61 j03f 2010 1 Last Name JDB HOLDINGS First Name 620 E HYMAN ASPEN CO 81611 Phone (970)925-6818 r Owner Is Applicant? Applicant Last Name JDANCING BEAR LAND, LLC First Name 201 N ML SUITE 203 Phone (970) 925-8700 Cust 127038 J ASPEN CO 81611 Lender Last Name First Name Phone AspenGold(b) Record: 1 of 1 r,5 -f Zvj Ae),e . 'AN 0 8 2009 ATTACHMENT 2 —LAND USE APPLICATION Cary PROJECT: �MMUN�r�� ASP Name: Q¢.g N '°MEND Location: y l ( S . ►�'lo•� •�n�. L�� ' l ow w� �� J (Indicate street address, lot & block number, le al description where appropriate Parcel ID (REQUIRED) 2-3-3 1 S2 lcipoZ APPLICANT: Name: P•4e'4c,.aIeCkr L-4J L-l� Address: 22 /V, i(', co Phone i 2S 8Ct__> REPRESENTATIVE: Name: f—= 6c-_� —? C-cf L �S — 4 (eZti Co�i 9 S Address: i Jai . malS Phone #: - `l 2-�_ - g_?ZO6 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) i () _ �fbrc� JETyoke,- C.o�3 �+ll oC ��Wl�x�+/ reNoyty 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) VprJ �M�wt...)2.�1 •-� L Wse1J'L NAe (;2/IfCW ave you attached the following? FEES DLE: L�Pre-Application Conference Summary attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form Ejj l esponse to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X I I" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. I?AeC CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT elVAE D JA Agreement for Payment of City of Aspen Development Application Fees cqY N 0 8 ?ppg 1� LaN . L Lt C_ :;oyy�Nir° 'SP CITY OF ASPEN (hereinafter CITY) and +4NX4 n� C _ r (hereinafter APPLICANT) AGREE AS FOLLOWS: OPR6 1. APPPLICA/nNJ T has submitted to CITY an application for C.�ON 04 h. W � 1r(yS, i 2.N.IV'd�i (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 48 (Series of 2006) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the 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 Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CIT'Y'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 $ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By �qq V�-;� Chris Bendon Community Development Director Date: Q 8 _� A t_A L cc l Billing Address and Telephone Number: Required P.Q . G, Ste, ASp�N, CO S%V,I �l-�q.92s. (vireo C:\Documents and Settings\johannahr\Desktop\LUFeeAgree.doc KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S. KLEIN hskakcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC' IrcQUelawnet ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, 111, PC 4ce0akcelavv.net TELEPHONE: (970) 925-8700 EBEN P. CLARK epc(akcelaw.net FACSIMILE: (970) 925-3977 COREY T. ZURBUCH ctzla�kcelaw.net MADHU B. KRISHNAMURTI mbkakcelaw.net DAVID C. UHLIG deu awkcelaw. net MATTHEW M. LOWRY mml(@,kcelaw.net ' also admitted in California RECEIVED January 8, 2009 JAN 0 8 2009 CITY OF ASPEN City of Aspen Community Development Dept. 30MMUNITY DEVELOPMEN1 c/o Drew Alexander Planning Technician 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Condominiumization — Dancing Bear Residences • Aspen 411 S. Monarch Street Dear Drew: This letter is the application and written description of the application submitted on January 8, 2009 for Dancing Bear Residences • Aspen, 411 S. Monarch Street, Aspen ("Project"). The present request is for Condominiumization and Final Condominium Map review. The applicant is Dancing Bear Land, LLC, 225 N. Mill Street, Suite 100, Aspen, Colorado 81611 ("Applicant"). Our firm, Klein, Cote & Edwards, LLC, 201 N. Mill Street, Suite 203, Aspen, Colorado 81611, is authorized to act on Applicant's behalf with regard to the Project, and an authorization letter is attached hereto. Please address all correspondence regarding this application to our firm and to my attention. The subject property is located at 411 S. Monarch Street, Aspen. The parcel is identified as parcel number 273718219002, and the legal description of the property is: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8, 2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443, IN THE RECORDS OF THE CLERK AND RECORDER, COUNTY OF PITKIN, STATE OF COLORADO; City of Aspen, Planning and Zoning Commission January 8, 2009 Page 2 of 2 also known as: Lots P, Q, R and S, Block 77, City and Townsite of Aspen, County of Pitkin, State of Colorado ("Property"). This firm has certified that Applicant is the owner of the Property and is entitled to submit this development application. A vicinity map is attached to this letter. The Planned Unit Development (PUD) for the Project was originally approved by the Aspen City Council in 2003 in Ordinance No. 29, Series of 2003, and the Dancing Bear Lodge Final PUD Plan and Plat is recorded in the records of the Clerk and Recorder for Pitkin County at Plat Book 69 Page 80, Reception No. 498443. The present application is for condominiumization and final condominium map review. Together with this letter you will find: 1. Pre -Application Conference Summary; 2. Check in the amount of $735.00; 3. Completed Land Use Application; 4. Signed Fee Agreement; 5. Letter Authorizing our representation; 6. Vicinity Map; 7. Title Policy as Proof of Ownership 8. Two copies of the proposed final condominium map (24" x 36"); All other information requested is set forth in this letter. I will also email you an electronic copy of the entire application. As we discussed, closings on the Fractional Interests in the Project are scheduled to begin on January 20, 2009. To that end, the developer would like to record the final versions of the attached map no later than Friday January 16, 2009. If you have comments on the attached maps, please let me know as soon as you can. Thank you in advance for your work on this matter. Sincerely, KLEIN, COTE & EDWARDS, LLC By: Eben r Clark cc: DB Capital Holdings, LLC CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Drew Alexander, 429-2739 DATE: 01 /08/09 PROJECT: Dancing Bear Condominium Plat APPLICANT: Dancing Bear Land, LLC REPRESENTATIVE: Eben Clark TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. As described by the Applicant's representative, Dancing Bear is a property that contains multiple residential units; nine (9) fractional and two (2) affordable housing condominium units. 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 of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. DB Capital Holdings, LLC P.O. Box 571 Aspen, CO 81612 970.925.6800 970.925,6819 lean@dancingbearaspen.com 9/30/2008 Jean Coulter DB Capital Holdings, LLC P.O. Box 571 Aspen, CO 83.612 To Whom It May Concern: J4* CFO YOF, oAFti A'yFNT The purpose of this letter is to inform The City of Aspen, and all its relevant agencies, that the firm of Klein, Cote & Edwards, LLC represents Dancing Bear Land, LLC and its parent company DB Capital Holdings with regard to the properties located at 411 S. Monarch and 219 E. Durant. All notices and inquires relating to the current PUD Amendment Application and any other planning and land use issues should be address to the attention of Eben P. Clark, Esq. at Klein, Cote & Edwards. Please contact me with any questions. Jean Coulter Vice President — Finance and Operations DB Capital Holdings, LLC Map of 411 S Monarch St, Asp--- CO 81611-1848 Page 1 of 1 Map of 411 S Monarch St, Aspen, CO 81611-1848 _-AI400 . LOCAL Mo is rp®.f 1 y l dine �e h S�'�drsi APO _ ur` 500 m low ft When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. httn•//mane vahnn rnm/nrint7arrl—1 R i7I=0R, kQtY=.vrlat=ZO I RRAI I iRnnnA Land Title Guarantee Company V" CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 10-28-2008 Our Order Number: Q62001859 Property Address: 411 S. MONARCH STREET ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: KLEIN COTE & EDWARDS PC *TMX* 201 N MILL ST ASPEN, CO 81611 Attn: EBEN CLARK Phone: 970-925-8700 Fax: 970-925-3977 Copies: 1 EMail: epc@kcelaw.net Linked Commitment Delivery For Title Assistance: Aspen Title Dept. Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com SOPRIS ENGINEERING 502 MAIN CARBONDALE, CO 81623 Attn: MARK BECKLER Phone: 970-704-0311 Fax: 970-704-0313 Entail: mbeckler@sopriseng.com Linked Commitment Delivery Land Title Guarantee Company Date: 10-28-2008 Land Title Our Order Number: Q62001859 I:UARANT(1 COMPANY Property Address: 411 S. MONARCH STREET ASPEN, CO 81611 Buyer/Borrower: TBD Seller/Owner: DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions for your upcoming closing? Checkout Land Title's web site at www.ltgc.com for directions to anv or our A omce locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 TBD If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $0.00 Foam CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62001859 Schedule A Cust. Ref.: Property Address: 411 S. MONARCH STREET ASPEN, CO 81611 1. Effective Date: October 03, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: THE DANCING BEAR LODGE ACCORDING TO THE FINAL PUD PLAN AND PLAT RECORDED JUNE 8, 2004 IN PLAT BOOK 69 AT PAGE 80 UNDER RECEPTION NO. 498443. COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62001859 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001859 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material 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 in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Liens for unpaid water and sewer charges, if any. 9. DEED OF TRUST DATED JUNE 15, 2006, FROM DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $53,000,000.00 RECORDED JUNE 15, 2006, UNDER RECEPTION NO. 525311. 10. FINANCING STATEMENT WITH, WESTLB AG THE SECURED PARTY, RECORDED JUNE 15. 2006 UNDER RECEPTION NO. 525312. 11. DEED OF TRUST DATED SEPTEMBER 22, 2006, FROM DANCING BEAR LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF WESTLB AG TO SECURE THE SUM OF $5,000,000.00 RECORDED OCTOBER 02, 2006, UNDER RECEPTION NO. 529252. 12. FINANCING STATEMENT WITH. WESTLB AG THE SECURED PARTY, RECORDED OCTOBER 02, 2006 UNDER RECEPTION NO. 529254. 13. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED DECEMBER 24, 1887 IN BOOK 59 AT PAGE 564 AND JULY 19, 1889 IN BOOK 59 AT PAGE 571, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001859 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: MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 14. TERMS, CONDITIONS AND PROVISIONS OF MULTIPURPOSE EASEMENT AGREEMENT ELECTRIC AND COMMUNICATION UTILITIES RECORDED JUNE 15, 1976 IN BOOK 313 AT PAGE 246. 15. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN IN THE SURVEY RECORDED JUNE 9, 1997 IN PLAT BOOK 44 AT PAGE 11 AND FINAL PUD PLAN AND PLAT FOR DANCING BEAR LODGE RECORDED JUNE 8, 2004 UNDER RECEPTION NO. 498443. 16. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE# 29 (SERIES 2003) APPROVING THE DANCING BEAR LODGE PRESERVATION PUD APPLICATION RECORDED JUNE 08, 2004 AT RECEPTION NO. 498441. 17. TERMS, CONDITIONS AND PROVISIONS OF PUD AND SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JUNE 08, 2004 AT RECEPTION NO. 498442. 18. TERMS, CONDITIONS AND PROVISIONS OF INDEMNIFICATION AND TEMPORARY EXCAVATION AND SHORING SYSTEM EASEMENT AGREEMENT RECORDED OCTOBER 30, 2006 AT RECEPTION NO. 530449. 19. CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED UNDER RECEPTION NO. 20. EASEMENTS, RIGHTS OF WAY, AND ALL OTHER MATTERS AS SHOWN ON CONDOMINIUM MAP FOR DANCING BEAR RESIDENCES RECORDED UNDER RECEPTION NO. 21. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 30, 2006 AT RECEPTION NO. 530449. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001859 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: 22. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT LICENSE AGREEMENT RECORDED JUNE 11, 2007 AT RECEPTION NO. 538776. 23. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED AUGUST 28, 2007 AT RECEPTION NO. 541427. 24. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF LOAN AGREEMENT RECORDED OCTOBER 19. 2007 AT RECEPTION NO. 543334. 25. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF APPROVAL RECORDED MARCH 24, 2008 AT RECEPTION NO. 547698. 26. TERMS, CONDITIONS AND PROVISIONS OF DEED RESTRICTION AGREEMENTS RECORDED MAY 12, 2008 AT RECEPTION NO. 549088 AND RECORDED MAY 12, 2008 UNDER RECEPTION NO. 549089. 27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#22, SERIES OF 2008 RECORDED AUGUST O1, 2008 AT RECEPTION NO. 551560. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable y consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the 1� Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARDEXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records, 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 • 'J-TiTtf �^ (612) 371-1111 _ �P o * ` s y \U A orized Sign cure . d d * * A. CC.ORT.06 a, 0 THE CrrY of ASPEN Land Use Application Determination of Completeness Date: January 9, 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 0003.2009.ASLU 411 S. Monarch-Condominiumization). The planner assigned to this case is Drew Alexander. ❑ 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: 1. 2. 3. 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 of Aspen Planner reviewing the land use application. Your 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. Th ifer Phelan, Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc Account name: 27038 Applicant: Type: Permit Number 0003.2009.ASLU CITY OF ASPEN Permit Receipt RECEIPT NUMBER 00025013 DANCING BEAR LAND, LLC check # 735.00 Fee Description Aspen Land Use App Fees Date: 1 /8/2009 Total: Amount 735.00 735.00