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Home My WebLink AboutLand Use Case.620 E Cooper Ave.A136-002737-182-25-023 A136-00 Hunter Plaza Wireless Telecom 620 E. Cooper 1/ \ Ad, /V/vii 9 oP- ~i 1- 4 U WMM' /Juy, 1 --'VT-7- 2797/9-~29Â«03 6 IL .. CASE NUMBER A136-00 PARCEL ID # 2737-182-25023 CASE NAME Hunter Plaza Telecom PROJECT ADDRESS 620 E. Cooper PLANNER Greg Woods CASE TYPE Wireless Telecom Facility OWNER/APPLICANT Hunter Plaza Associates LLP REPRESENTATIVE Nextel Communications/Justin Robinson DATE OF FINAL ACTION 11/13/00 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Approved BOA ACTION DATE CLOSED 1/2/00 BY J. Lindt .. PARCEL ID: 12737-182-25023 -DATE RCV[i: ~10/20/00 # COPIES:~-- CASE NO<A136-00 CASE NAME:~Hunter Plaza Telecom PLNR:~Greg Woods PROJ ADDR:~620 E. Cooper CASE TYP:|Wireless Telecom Facility STEPS:~ OWN/APP: Hunter Plaza Associ ADR~ C/S/Z: PHN:~ REP:~Nextel Communications/Justi ADR:14643 S. Ulster Street, C/S/Z:IDenver/CO/80237 PHN:~03)472-2148 FEES DUE:~480 D 170 E FEES RCVD:~695 STAT: F- REFERRALS~ REF:] BYI DUE:~ MTG DATE REV BODY PH NOTICED â€ž DATE OF FINAL ACTION:~ 11/13/00 , CITY COUNCIL: REMARKS~ PZ: BOA: CLOSED:~ 1/2/00 BY: ~J. Lindt DRAC: PLAT SUBMITD: ~ PLAT (BK,PG):~ ADMIN: Approved .. MEMORANDUM TO: Julie Ann Woods. Community Development Director FROM: Greg Woods. Planning Intern RE: Nextel Communications proposal to locate a Wireless Telecommunications Facility at 620 E. Cooper DATE: November 9.2000 SUMMARY: NexteI Communications represented by Justin Robinson. representing Anthony J. Mazza. Managing Partner for Hunter Plaza Associates. LLP. has applied for the installation of telecommunication equipment to be installed on the roo f o f the building located at 620 E. Cooper. The parcel is located outside of the Commercial Core Historic District and is not within any of the Mountain View Planes pursuant to section 26.435.050 of the City of Aspen Land Use Code. The application proposes to locate up to twelve panel type antennas on the 'upper-' roof. The top of the new antennas will not exceed five feet above the existing parapet roofline. Nextel proposes to locate an equipment shelter on the "lower" roof ofthe Hunter Square complex. The equipment shelter will be largely hidden from pedestrian and automobile traffic from the Cooper Street vantage point. The shelter is designed to match the current brick of the building and will be visible as an appurtenance from the rear of the building. The applicant contends that the building is under its allotted FAR and therefore has room for the addition of the equipment shelter. with dimensions of 12'x16'. The application meets the standards for telecommunication equipment, pursuant to Section 26.575.130. Attached are the relevant criteria. Also attached is the application, containing a picture of the proposed equipment. Staff recommends The Community Development Director approve this application, with eight conditions. APPLICANT: Justin Robinson, Site Acquisition Consultant. Representing Anthony J. Mazza. Managing Partner for Hunter Plaza Associates. LLP LOCATION: 620 E. Cooper (Roof). 1 .. ZONING: C-1, Commercial CURRENT AND PROPOSED LAND USE: Mixed Use, Commercial REVIEW PROCEDURE: Wireless Telecommunication Service Facilities: The Community Development Director may approve, approve with conditions, or disapprove an application pursuant to Section 26.575.130 of the Land Use Code. STAFF COMMENTS: Review criteria and Staff Findings have been included as Exhibit "A." The application has been included as Exhibit "B." Photo simulation of roof top antennas and equipment shelter have been included as Exhibit "C." RECOMMENDATION: Staff recommends the Community Development Director approve the Nextel Communications equipment proposed for the roof of 620 E. Cooper, with conditions. APPROVAL: I hereby approve the Nextel Communications equipment proposed for the roof of the 620 E. Cooper with the following conditions: 1. A building permit shall be obtained by the applicant. A copy ofthis approval shall accompany the building permit application. 2. The applicant shall obtain a right-of-way permit if there is a disturbance of the public right-of-way during construction. 3. The applicant shall obtain a Temporary Encroachment License during construction if the public right-of-way is to be used for construction storage or staging. 4. The applicant shall submit a traffic control plan if there is an encroachment on the public right-of-way that affects the normal traffic flow. 5. The addition of the brick equipment shelter shall not make the structure exceed the allowable FAR in a C-1 Zone District. 6. The applicant shall paint all antennas a flat brownish-red color that matches that of the building. 7. The antennas shall be installed without any architectural skirting. 8. The equipment shelter shall be designed to match the color and material of the existing building. 2 .. . 1 4,1 Jr 'date U l(b (00. Julie/Ann Woods, AICP Cdffimunity Development Director City of Aspen _ _LI , date 16 J ZO<CO Justin Robin~on -~ Nextel Comm~j~yprtions Site Acquisition Consultant ATTACHMENTS: Exhibit A -- Review Criteria and Staff Comments Exhibit B -- Development Application Exhibit C -- Photo Simulation of Proposal O iial .. Exhibit ~ Telecom. Equipment F. Review Standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment. 1. Setbacks. At a minimum. all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district: if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines. except when roof-mounted (above the eave line of a building). Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be .oncealed to the extent possible within a compatible architectural element. such as a chimney or ventilation pipe, or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof mounted facilities shall always be concealed within a compatible architectural element. such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole s height (i.e.. a sixty (60) foot setback would be required for a twenty (20) foot monopole), and the setback from any public road. as measured from the right-of-way line, shall be at least equal to the height of the monopole. c. No wireless communication facility may be established within one- hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area. but may be attached to the building. Staff Finding: Staff feels that architectural skirting for the antennas will be more obtrusive than helpful in covering the proposed antennas. The Nextel facility will not encroach beyond any .. property lines nor utilize guy wires. The proposed antennas will be attached to the same building. 1. Height. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district. whichever is more restrictive. In addition: a. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof. including parapet walls, and the antenna and support system for whip antennas shall not exceed fifteen (15) feet above the highest portion of that roof, including parapet walls. b. If the building itself exceeds the height limitations of the zone. and such excess height was legally established (i.e.. granted a variance. approved by PUD. etc.), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval unless determined by the Community Development Director to be suitably camouilaged. c. If the building is constructed at or above the zone districts height limit. or if combined height of the building and the antenna would exceed the applicable height limit, the additional height of the antenna must be reviewed pursuant to the process and standards (in addition to the standards o f this Section) of conditional use review, Section 26.425.010, unless determined by the Community Development Director to be suitably camouflaged (in w-hich case an administrative approval may be granted). d. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening' standards (26.475.130(F)(5)) below. Staff Finding: The 12 panel type proposed antennas that extend above the highest roo f point by five feet will be painted to blend into the building. The proposed height of the equipment shelter placed on the lower roof will be three feet lower than the height of the upper roof. The equipment shelter will be designed and constructed using the building materials designed to match the existing building exterior. .. 3. Architectural Compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale. mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, or as required by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure. be as flush to the wall as technically possible. and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use. operation or maintenance of the subject monopole. must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present. the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Staff Finding: To the extent practical, the antennas are compatible with the architecture of the building. Although the antennas can be seen from either side of the building, staff feels that the proposed architectural skirting will be more obtrusive than leaving the antennas unshielded. Staff is not recommending any screening measures be implemented. The construction of the associated equipment shelter will be consistent with the building. 4. Compatibility With the Natural Environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography, and other natural features, and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: .. a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized, and existing vegetation shall be preserved or improved to the extent possible. unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commissions regulations concerning maximum radio frequency and electromagnetic frequency emissions. Staff Finding: In order for the proposed location to not be affected by ridgeline. 8040. or mountain view plane restrictions. staff is recommending the proposed skirting on the upper roof not be built. The applicant has committed to meeting FCC regulations regarding the operation ofwireless service facilities. 5. Screening. Roof and ground mounted wireless telecommunication services facilities and equipment, including accessory equipment. shall be screened from adjacent and nearby public rights-of-way and public or private properties by paint color selection. parapet walls, screen walls. fencing. landscaping. and/or berming in a manner compatible with the buildings and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas. they shall be located near existing utility poles, trees. or other similar objects; consistent of colors and materials that best blend with their background; and. have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). b. For ground mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or .. equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures. or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material. if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards. the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings. fences. walls. sign and structural applications, manufactured devices and other features designed to screen. camouflage and buffer antennas. poles and accessory uses. For example. the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. Staff Finding: Staff feels that leaving the 12 proposed antennas exposed without skirting is less obtrusive than constructing a five foot high screen around the antennas. Although the antennas will be visible from the street. staff feels if the antennas are painted a fiat mute brownish-red color they will be concealed more effectively than by creating a larger eye sore with the proposed screening. The proposed equipment shelter will be designed to blend in with the existing building and share the same color. 6. Lij:hting and Signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: .. a. The light source for security lighting shall feature down- directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free-standing or tower-mounted. shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone number(s) to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code. Staff Finding: The equipment proposed does not require any lighting. No signage other than what is mandated by the FCC will exist. 7. Access Ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking. maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easement(s) for ingress and egress and for electrical and telephone shall be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of building permits. Staff Finding: The equipment is not proposed in an area requiring vehicular circulation. .. Exhibit ~ Telecom. Equipment F. Review Standards. The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment. 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe, or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole), and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height ofthe monopole. c. No wireless communication facility may be established within one- hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area. but may be attached to the building. Staff Finding: Staff feels that architectural skirting for the antennas will be more obtrusive than helpful in covering the proposed antennas. The Nextel facility will not encroach beyond any .. property lines nor utilize guy wires. The proposed antennas will be attached to the same building. 1. Height. Wireless telecommunication services facilities and/or equipment shall not exceed thirty-five (35) feet in height or the maximum permissible height of the given zone district, whichever is more restrictive. In addition: a. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls, and the antenna and support system for whip antennas shall not exceed fifteen (15) feet above the highest portion of that roof, including parapet walls. b. If the building itself exceeds the height limitations of the zone, and such excess height was legally established (i.e., granted a variance. approved by PUD, etc.), then the combined height of the building and antenna shall not exceed the maximum height allowed by such approval unless determined by the Community Development Director to be suitably camouflaged. c. If the building is constructed at or above the zone district's height limit, or if combined height of the building and the antenna would exceed the applicable height limit, the additional height of the antenna must be reviewed pursuant to the process and standards (in addition to the standards of this Section) of conditional use review, Section 26.425.010, unless determined by the Community Development Director to be suitably camouflaged (in which case an administrative approval may be granted). d. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130(F)(5)) below. Staff Finding: The 12 panel type proposed antennas that extend above the highest roof point by five feet will be painted to blend into the building. The proposed height of the equipment shelter placed on the lower roof will be three feet lower than the height of the upper roof. The equipment shelter will be designed and constructed using the building materials designed to match the existing building exterior. .. 3. Architectural Compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use, the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted, or as required by the appropriate decision- making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). c. Whenever wireless telecommunication services equipment is mounted to the wall of a building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible, and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below) Staff Finding: To the extent practical, the antennas are compatible with the architecture of the building. Although the antennas can be seen from either side of the building, staff feels that the proposed architectural skirting will be more obtrusive than leaving the antennas unshielded. Staff is not recommending any screening measures be implemented. The construction of the associated equipment shelter will be consistent with the building. 4. Compatibility With the Natural Environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography, and other natural features, and shall not dominate the landscape or present a dominant silhouette on a ridge line. In addition: .. a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridge(s) or ridge line(s); an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized, and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission' s regulations concerning maximum radio frequency and electromagnetic frequency emissions. Staff Finding: In order for the proposed location to not be affected by ridgeline, 8040, or mountain view plane restrictions, staff is recommending the proposed skirting on the upper roof not be built. The applicant has committed to meeting FCC regulations regarding the operation of wireless service facilities. 5. Screening. Roof and ground mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights-of-way and public or private properties by paint color selection, parapet walls, screen walls, fencing, landscaping, and/or berming in a manner compatible with the building's and/or surrounding environment' s design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles, trees, or other similar objects; consistent of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision-making authority (Community Development Director, Historic Preservation Commission, Planning and Zoning Commission, or City Council, as applicable). b. For ground mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or .. equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obseures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color of the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures, or accessory and related equipment (including HVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco, stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing, the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. Staff Finding: Staff feels that leaving the 12 proposed antennas exposed without skirting is less obtrusive than constructing a five foot high screen around the antennas. Although the antennas will be visible from the street, staff feels if the antennas are painted a flat mute brownish-red color they will be concealed more effectively than by creating a larger eye sore with the proposed screening. The proposed equipment shelter will be designed to blend in with the existing building and share the same color. 6. Lighting and Signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: .. a. The light source for security lighting shall feature down- directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free-standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings, certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone number(s) to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510 of the Aspen Municipal Code. Staff Finding: The equipment proposed does not require any lighting. No signage other than what is mandated by the FCC will exist. 1. Access Ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with, or in any way impairs, the intent or functionality of the original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. c. The proposed easement(s) for ingress and egress and for electrical and telephone shall be recorded at the Pitkin County Clerk and Recorder's Office prior to the issuance of building permits. Staff Finding: The equipment is not proposed in an area requiring vehicular circulation. 2Â« % 4 48* 4 7% 4:1,1111 1 h I.' 03.17 '14 2 ae)/ 24 1 4 f It I Â·. 94 4. b V r , b ..1> 2 8 4 .. Nextel Communications 4643 S. Ulster Street, Suite 500, Denver, CO 80237 303 721-3400 NEX. October 20,2000 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Re: Nextel Communications proposal to locate a Wireless Telecommunications Facility at 620 E. Cooper. Nextel Site CO451-C Review Standards To Whom It May Concern: This narrative is intended to act as part ofthe required application submittal requirements to the City ofAspen to locate a wireless telecommunication facility on behalf ofNextel Communications, ("Nextel"), a Delaware corporation, at the Hunter Square retail building located at 620 East Cooper, Aspen, CO 81611. Pursuant to the submittal requirements and the development review standards, a written narrative outlining the proposals compliance to the Review Standards for Wireless Telecommunications Facilities and Equipment. Please see below a description ofthe proposed project as well as an outline ofthe review standards and Nextel's compliance. Nextel proposes to locate an equipment sh~lter on the"lower" roof ofthe-Hunter Square come!96 Currently this complex houses offices, a restaurant and numerous retail establishments. As depicted by the enclosed site plan and elevation drawings ofthe building, the placement ofthe equipment shelter will be largely hidden from pedestrian and automobile traffic from the front vantage point. I~e equipment shelter is designed to match=- tlE~PfMBLkjEk-9flhg-building*d will be visible M-an appurtenance from therear-ofthe bBMing. The photo simulations that are enclosed within this packet depict the location of the equipment shelter. In addition to the equipment shelter Nedelfroposestolocate-upÂ® twelve (12) panel type antennas on the "upper" roof, which will li screened*om~vievdmi- Emenyall fagle that Nextel will install. This screen wall will also be designed to match and blend with the existing buildingmaterials. The addition ofthe screen wall will also act to screen the existing HVAC units and other conduit and venting apparatuses that are currently unobstructed. .. -. Below is Nextel's justification and compliance with the review standards set forth by the City ofAspen. 1. Setbacks The Nextel Site meets all ofthe required setback criteria. a. The antennas will be concealed behind "architectural skjgin" as required by bytheRew@WRE@]dards. - - - b. Not applicable c. The Nextel facility meets the required 100' separation from alllegally established facilities. d. The Nextel facility will not encroach beyond any propeitylinesnorutiljze guy wires. 2. Height. The Nextel facility will comply with the 35' height limit with in this zone. a. The antennas will not exceed more than the 5' limit above the hig!]est - portion-oft!*mot b. Not Applicable as the facility and the building meet the require height limit in the zone. c. Not Applicable as the facility and the building meet the require height limit in the zone. d. The corresponding Nextel equipment shelter will be placed on the exterior of the "lowef' roofand designed and constructed using the building materials designed to match the buildings exterior. Screening will also conceal all associated conduit and cabling. These proposed screening methods are consistent with the Screening Standards (26.475.130(F)(5)). 3. Architectural Compatibility. The proposed Nextel facility will be consistent and compatible with the existing building and surrounding properties. a. Due to the fact that this is an accessory use, Nextel will use all mate*ls to match the design, texture and colorofthe-EE*ting building: b. As stated above all colors, texture and materials will match the existing 6@IGE- c. Not applicable as the antennas will be screened on the roof. d. The construction ofthe associated equipment shelter will be consistent with the building. e. All utilities, cabling and conduit will be screened from view and designed to biend in witTi-ffie-66i]3mgwiere applicabie. 4. Compatibility with the Natural Environment. The proposed Nextel Facility will not impact the natural surrounding environment. This site is to be located on a building and a tremendous amount ofeffort will be placed on designing and constructing this proposed facility to be virtually invisible .. to the public. No existing landscaping, vegetation or view planes will be altered or impacted by the proposed facility. 5. Screening. The proposed facility will be designed to blend in with the existing building. Alle elements ofthe proposed facility are designed and constructed to either match the existing building or be completely hidden from view. a. Not applicable. b. Not applicable, this site will not require any additional landscaping. c. All cableing, conduit and wiring will be screened to match the existing color ofthe building. d. Not applicable, no fencing will be used at this proposed facility. e. Nextel is proposing to screen the facility from view ofthe public by all required means. Nextel will also comply with all reasonable additional conditions or requirements from the Community Development Director or reviewing authority. 6. Lighting and Signage. The Nextel facility will comply with alllighting and signage requirements. a. Any lighting required on the exterior ofthe equipment shelter will be utilized by access personnel and will not affect the public. b. Not applicable. c. Nextel will not have any signage other than what is mandated by the FCC. d. All emergency contact notification will be visually appairent. 7. Access Way. The proposed Nextel facility will utilize all existing pedestrian walk ways to access the facility. a. The proposed facility is a rooftop mounted facility and thus will not impact any pedestrian or vehicle circulation. b. The facility will be secured from the general public but will be accessible by emergency equipment. The proposed Nextel Facility will not impact access roads. c. All electrical and telephone easements are from the existing point of presence and will be illustrated on the Nextel Construction Drawings when registered with the City ofAspen Building Department. Access easement will be labeled as well. The proposed Nextel Facility meets and complies will all requirements of the Review Standards for Wireless Telecommunications Facilities and Equipment. As stated above, Nextel has designed this site to be virtually unnoticeable from the surrounding public. Nextel has gone to great efforts to make this facility consistent and compatible with the surrounding properties so that no additional impact on the public ofAspen is created by this facility. Nextel is hoping to provide a quality service to the people ofAspen and the surrounding communities and with the addition ofthis proposed site Nextel will be closer to that goal. .. Please feel free to contact me ifthere is any questions, concerns or additional information that I can provide to assist in the review ofthe this proposal. I can be reached at any time at (303) 472-2148. Thank you for you acceptance and review ofthis development application. Sincerely, 1 /0 Justin Robinson) Nextel Cdmmunciations. - LAND USE APPLICATION PROJECT: .. Name: AJEXTGL-- - 94(yâ‚¬UESS -Tal-Â¥52Â£*.A eAL\\-A-Vl Location: G,ZO E. Ccoese- E=sc (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Houre...Fl,<ZA Ae&Â£64â‚¬4. U.-P j -rEÂ»M MKZ:LA: VkY'Gj azp..JEE- Address: 206 4, M,ZLL<*V.1 4:FE; 30~ A , AMeJ, C.0 8\ 61 \ Phone #: 9 -10. 9 29. 9Â£332-- REPRESENTATIVE: Name: kle*:Te,-- (1*Aes-jv#<XEr<G - _lfs'i-\6 2â‚¬>E.vdzÂ£*..3 Address: 4(AÂ·z, 4. \)ugoap- <650 <=sqi, . St)O -r>E,Glee-, C.o 90-203;-1 Phone #: 3*39:, All- 2-\Ab TYPE OF APPLICATION: (please check all that apply): Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review ~1 Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal Â£ Conceptual SPA El Minor Historic Devt. GMQS Allotment ~ Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption j Subdivision El Historic Designation ESA - 8040 Greenline, Stream D Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ~ Lot Split gl Temporary Use El Other: El Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description ofexisting buildings, uses, previous approvals, etc.) PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) A:'?r-N.Marp Weln:*- CÂ¥ 990â‚¬cf:AL. Have you attached the following? FEES DUE: $ [~ Pre-Application Conference Summary 7'Attachment # 1, Signed Fee Agreement 171 Response to Attachment #2, Dimensional Requirements Form 12 Response to Attachment #3, Minimum Submission Contents IEFResponse to Attachment #4, Specific Submission Contents 12 Response to Attachment #5, Review Standards for Your Application mmmmmm //000 14:59 970-920-4052 ASPEN TITLE CORP. PAGE 03 .. COMMITMENT Plat id No. SCHEDULE A (continued) Order No. 406588N-C 5. The land referred to in the Commitment in covering the land in the State of Colorado, County of PITKIN , described as follows: Lots K, L, M, N and 0, Block 100, City of Aspen. EXCEPT the following portion thereof: A parcel of land being part of Lots K. L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows. Beginning at the Northwest corner of said Lot K; thence South 75Â°09'11" East, 62.44 Feet along the North line of Lots K, L and M to the center of a masonry wall; thence South 14Â°50'49" West. 32.24 Feet along the center of said wall; thence North 75Â°09'11" West, 16.30 Feet along the center of a masonry wall i thence South 14Â°50'49" West, 4.16 Feet along the center of said wall; thence North 75Â°09'11" West, 46.14 Feet along the center of said wall to a point on the Westerly line 01 said lot K; thence North 14Â°50'49" East, 36.40 Feet to the point of beginning. FIRST AMERICAN TITLE INSURANCE COMPANY ~2000 14:59 970-920-4052 ASPEN TITLE CORP. PAGE 03 t COMMITMENT Plat id No. SCHEDULE A (continued) Order No. 406588N-C tt 5. The land referred to in the Commitment im covering the land in the State of Colorado, County of PITKIN , described as follows: Lots K, L, M, N and 0, Block 100, City of Aspen. EXCEPT the following portion thereof: A parcel of land being part of Lots K. L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the Northwest corner of said Lot K; thence South 75Â°09'11" East, 62.44 Feet along the North line of Lots K, L and M to the center of a masonry wall; thence South 14Â°50'49" West, 32.24 Feet along the center of said wall; thence North 75Â°09'11" West, 16.30 Feet along the center of a masonry wall; thence South 14Â°50'49" West, 4.16 Feet along the center of said wall; thence North 75Â°09'11" West, 46.14 Feet along the center of said wall to a point on the Westerly line or said lot K; thence North 14Â°50'49" East, 36.40 Feet to the point of beginning. FIRST AMERICAN TITLE INSURANCE COMPANY .. STRUCTURAL CONSULTANTS 3400 East Bayaud Avenue, #300 Denver, CO 80209 INCORPORATED 303/ 399 5154 Fax 303/ 333 9501 October 12, 2000 Mr. Liam O'Farrell, P.E. DYNATEK TELECOMMUNICATIONS SERVICES 6901 S. Yosemite Street, Suite 200 Englewood, CO 80112 Re: 620 E. Cooper, Aspen - Cell Site SCI # 00-341 05 Dear Liam: The purpose of this letter is to express that our office will review the structural impact of installing new telecommunication equipment on the roof of the building at 620 E. Cooper in Aspen, Colorado. Our scope of services will include analyzing the existing structure from the roof framing down to the foundations for the capacity to support the proposed equipment. We will design and detail supplementary structural framing as required for the installation of the new shelter and antenna mounts. It is our understanding that existing structural drawings will be made available to us for our analysis. At the time of this letter, we have only briefly reviewed the proposed equipment layout. No calculations or analysis has been performed but will be included with the submission of complete Construction Documents. If you have any questions, please contact us at your convenience. Sincerely, STRUCTURAL CONSULTANTS, INC. Reviewed By: -TS<7(7. L.Â£# Patrick J. Farrell, P.E. Lorin I. Lieberman, P.E. PJF4rrn -.#.... /3' r L.' 2.4 I f L - DO (6'12/ Principals Senior Associates Associates lerry B. Gray, RE. Bruce R. Wolfe, RE. Jill E. Cackowski R. Wayne Muir, RE. Lorin Lieberman, RE. Heath C. Stein, RE. * f 7 .7 j 1 Â· 4 .-/ +38 't?~ P : 49(Q m : 92.4, 1,&2 11 .4 9,1~ * ~I.. j,J:?> 4 4 1. 4 - .'4 Â£. * 4,0 - -4. j 0 1/Nke 7/Â¥4 4 ''Â·. ' Â¥m 1.Â· .7 7 11 . 42*. -/ 4 . , 44 - Â¤3 i * .. 4 2-4 . * lili 'Ill'll , 9 12. 6- .V,1 4 -3,-e. Â¢-JO--/ ti~ 4 -4~WI~ : 0 :1. -/. A 4. 3 .2 2 2 0. = . 1 1 7,2 4 "1.4 r . .A 1 m *F 4 . 0 14 - 1, 0-er - 0. 1% Dynatek*f Photo Simulation U Nextel PO451-C; Hunt~ Square 129& Fl,rkRJ4'211....~~ 1441 2 -~44 0 ROARING FORK RD 42/ f ~63/ WOOD DUCK LN - ~ ~ - ~~w GILLESPIE -1~T 107 / f Â« 4# 24 3 M NORT,k-w Lo to,4 P- # bewiER JL-11.N--1 Lf 1 V. -. -A 1 D frpÂ»A~~jOO 1 3 Â»i Â·p AJRd 1 10 a 00 (0 e \1=41 \7Â¢ I----< ill 39 -tre/89 -0 BRENDEIâ‚¬ 40% 47 %\\ Nextel Communications r.R 179. \ e i HALÂ£41 \~ 1 ~ c CO451-C w =r,e // 0 21-2 1- \ beAH Hunter Square -42, % < 620 East Cooper Q 60 -- t \5 1[2 W Hop'KIA Ir.<k:=dcal 0 -- ~01+ * re$Hop'<11:=lc~JP:=R.=::==L Â»Â«F~.49 â‚¬+4 0 1 %44:=2/ JIHYÂ·4=:=IEJFHk :DFÂ« h --3 0 e -47/-- 9"Op/0 - /~< ~ =MIDLAND PARK Naa & 9-140 /Â»44Â© c.*WP=: :9772 LN .60 L 2 - EcoodL // , i Ul 'L H 04441,=:r 0 - 8 90;4462%649*TO,aw*LWi f 31 GILBERT if>CF.~y f 0 5 200#04 ) Outl, f 0 00.90 > 7 #4& r 7 4- 1 092'a * Mag 15.00 Wed Oct 18 09:37 2000 Scale 1:12,500 (at center) i= m. 1 1000 Feet ~ 200 Meter~ . 0 Â© 1999 DeLorme. Street Atlas USA A NEAKY LNE 33 ~MISCH ~ LAND USE APPLICATION ~ PROJECT: Name: 94 EXT'El- - 14<~(Wa.-626 -F*Lece+A eAL\UTY Location: G20 E. Ccoese_- 6,c (Indicate street address, lot & block number, legal description where appropriate) APPLICANT: Name: Ho,Wee--Pt,<zA AE=*gaÂ£-1ME.4, U--P j -FEÂ»< Wkz:14 VVy-yj fk~uee-- Address: 2Â£6 6 M\U-- 4,F-1 4:ft; 90\ A. A<=,?ea, CO 13\61 \ Phone #: 9-10.92-6- %-LOS-L REPRESENTATIVE: Name: Ne*râ‚¬U- 26+1#00 Vi<X-\Trah - -~fzÂ«\6 9-06\dzÂ£kj Address: 4-6,42, 4, \16&.1â‚¬B 4;9. , 64. 5Â£]Ch 1Â»3*2-, CID 9013;~1 Phone#: 3*32> 4:11-2-\49' TYPE OF APPLICATION: (please check all that apply): Conditional Use ~ Conceptual PUD E] Conceptual Historic Devt. Special Review ~ Final PUD (& PUD Amendment) ~ Final Historic Development Design Review Appeal D Conceptual SPA E Minor Historic Devt, GMQS Allotment ~ Final SPA (& SPA Amendment) El Historic Demolition GMQS Exemption Â£ Subdivision El Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split ~1 Temporary Use U Other: ~ Lot Line Adjustment U Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) AX;r-NAerp UOTTÂ¥50- 01- FÂ¥Oâ‚¬C ,<AL. Have you attached the following? FEES DUE: $ [2 Pre-Application Conference Summary Gl'Attachment #1, Signed Fee Agreement 12 Response to Attachment #2, Dimensional Requirements Form &2 Response to Attachment #3, Minimum Submission Contents 12'Response to Attachment #4, Specific Submission Contents [3 Response to Attachment #5, Review Standards for Your Application mmmmmm .. STRUCTURAL CONSULTANTS 3400 East Bayaud Avenue, #300 Denver, CO 80209 INCORPORATED 303/399 5154 Fax 303/ 333 9501 October 12, 2000 Mr. Liam O'Farrell, P.E. DYNATEK TELECOMMUNICATIONS SERVICES 6901 S. Yosemite Street, Suite 200 Englewood, CO 80112 Re: 620 E. Cooper, Aspen - Cell Site SCI # 00-341 05 Dear Liam: The purpose of this letter is to express that our office will review the structural impact of installing new telecommunication equipment on the roof of the building at 620 E. Cooper in Aspen, Colorado. Our scope of services will include analyzing the existing structure from the roof framing down to the foundations for the capacity to support the proposed equipment. We will design and detail supplementary structural framing as required for the installation of the new shelter and antenna mounts. It is our understanding that existing structural drawings will be made available to us for our analysis. At the time of this letter, we have only briefly reviewed the proposed equipment layout. No calculations or analysis has been performed but will be included with the submission of complete Construction Documents. If you have any questions, please contact us at your convenience. Sincerely, STRUCTURAL CONSULTANTS, INC. Reviewed By: 11*4514 64Â»Â»Â·- Patrick J. Farrell, P.E. Lorin I. Lieberman, P.E. PJF4rm F, U.*49 ' 1 ,/5~ - DO (5-12, Principals Senior Associates Associates lerry B. Gray, RE. Bruce R. Wolfe, RE. IiI! E. Cackowski R. Wayne Muir, RE. Lorin Lieberman, RE. Heath C, Stein, RE. Nextel Communications 4643 S. Ulster Street, Suite 500, Denver, CO 80237 303 721 -3400 NEXI- October 20,2000 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Re: Nextel Communications proposal to locate a Wireless Telecommunications Facility at 620 E. Cooper. Nextel Site CO451-C Review Standards To Whom It May Concern: This narrative is intended to act as part of the required application submittal requirements to the City ofAspen to locate a wireless telecommunication facility on behalf ofNextel Communications, ('Nextel"), a Delaware corporation, at the Hunter Square retail building located at 620 East Cooper, Aspen, CO 81611. Pursuant to the submittal requirements and the development review standards, a written narrative outlining the proposals compliance to the Review Standards for Wireless Telecommunications Facilities and Equipment. Please see below a description ofthe proposed project as well as an outline ofthe review standards and Nextel's compliance. Nextel proposes to locate an equipment shelter on the'lowef' roofofthe Hunter Square complex. Currently this complex houses offices, a restaurant and numerous retail establishments. As depicted by the enclosed site plan and elevation drawings ofthe building, the placement ofthe equipment shelter will be largely hidden from pedestrian and automobile traffic from the front vantage point. The equipment shelter is designed to match the current brick ofthe building and will be visible as an appurtenance from the rear ofthe building. The photo simulations that are enclosed within this packet depict the location of the equipment shelter. In addition to the equipment shelter Nextel proposes to locate up to twelve (12) panel type antennas on the "upper" roof, which will be screened from view by a screen wall fa~ade that Nextel will install. This screen wall will also be designed to match and blend with the existing building materials. The addition ofthe screen wall will also act to screen the existing HVAC units and other conduit and venting apparatuses that are currently unobstructed. .. Below isNextel's justification and compliance with the review standards set forth by the City ofAspen. 1. Setbacks The Nextel Site meets all ofthe required setback criteria. a. The antennas will be concealed behind "architectural skirting" as required by by the Review Standards. b. Not applicable c. The Nextel facility meets the required 100' separation from alllegally established facilities. d. The Nextel facility will not encroach beyond any property lines nor utilize guy wires. 2. Height. The Nextel facility will comply with the 35' height limit with in this zone. a. The antennas will not exceed more than the 5' limit above the highest portion ofthe roof. b. Not Applicable as the facility and the building meet the require height limit in the zone. c. Not Applicable as the facility and the building meet the require height limit in the zone. d. The corresponding Nextel equipment shelter will be placed on the exterior of the'lower" roofand designed and constructed using the building materials designed to match the buildings exterior. Screening will also conceal all associated conduit and cabling. These proposed screening methods are consistent with the Screening Standards (26.475.130(ID(5)). 3. Architectural Compatibility. The proposed Nextel facility will be consistent and compatible with the existing building and surrounding properties. a. Due to the fact that this is an accessory use, Nextel will use all materials to match the design, texture and color ofthe existing building. b. As stated above all colors, texture and materials will match the existing building. c. Not applicable as the antennas will be screened on the rooÂ£ d. The construction ofthe associated equipment shelter will be consistent with the building. e. All utilities, cabling and conduit will be screened from view and designed to blend in with the building where applicable. 4. Compatibility with the Natural Environment. The proposed Nextel Facility will not impact the natural surrounding environment. This site is to be located on a building and a tremendous amount of effort will be placed on designing and constructing this proposed facility to be virtually invisible .. to the public. No existing landscaping, vegetation or view planes will be altered or impacted by the proposed facility. 5. Screening. The proposed facility will be designed to blend in with the existing building. Alle elements ofthe proposed facility are designed and constructed to either match the existing building or be completely hidden from view. a. Not applicable. b. Not applicable, this site will not require any additional landscaping. c. All cableing, conduit and wiring will be screened to match the existing color ofthe building. d. Not applicable, no fencing will be used at this proposed facility. e. Nextel is proposing to screen the facility from view ofthe public by all required means. Nextel will also comply with all reasonable additional conditions or requirements from the Community Development Director or reviewing authority. 6. Lighting and Signage. The Nextel facility will comply with alllighting and signage requirements. a. Any lighting required on the exterior ofthe equipment shelter will be utilized by access personnel and will not affect the public. b. Not applicable. c. Nextel will not have any signage other than what is mandated by the FCC. d. All emergency contact notification will be visually appairent. 7. Access Way. The proposed Nextel facility will utilize all existing pedestrian walk ways to access the facility. a. The proposed facility is a rooftop mounted facility and thus will not impact any pedestrian or vehicle circulation. b. The facility will be secured from the general public but will be accessible by emergency equipment. The proposed Nextel Facility will not impact access roads. c. All electrical and telephone easements are from the existing point of presence and will be illustrated on the Nextel Construction Drawings when registered with the City ofAspen Building Department. Access easement will be labeled as well. The proposed Nextel Facility meets and complies will all requirements ofthe Review Standards for Wireless Telecommunications Facilities and Equipment. As stated above, Nextel has designed this site to be virtually unnoticeable from the surrounding public. Nextel has gone to great efforts to make this facility consistent and compatible with the surrounding properties so that no additional impact on the public ofAspen is created by this facility. Nextel is hoping to provide a quality service to the people ofAspen and the surrounding communities and with the addition ofthis proposed site Nextel will be closer to that goal. .. Please feel free to contact me ifthere is any questions, concerns or additional information that I can provide to assist in the review ofthe this proposal. I can be reached at any time at (303) 472-2148. Thank you for you acceptance and review ofthis development application. Sincerely1 11% C 01\ =>Â»74-1>' Â«-*. Justin Robinson Nextel Communciations. .. Nextel Communications 4643 S. Ulster Street, Suite 500, Denver, CO 80237 303 721 -3400 NEXTEL Letter of Authorization I. Nextel Site #: CO-451C Site Name: Aspen Gulch; Hunter Plaza APPLICATION FOR ZONING /USE PERMIT I, Anthony J. Mazza, Managing Partner for Hunter Plaza Associates, LLP, a Colorado limited liability partnership, as owners of the below-described property, do hereby appoint NEXTEL WEST CORP., a Delaware corporation, d/b/a Nextel Communications, my agent for the purpose of consummating any building or use permit applications necessary to ensure Nextel's ability to use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property address: Hunter Plaza 620 East Cooper St. Aspen, CO ~~~*~~0--- Assessor's Parcel Number: 2737182)605 Signature of Property Representative: , -ic Anthony J 1 -77 3 4~ Date'. (b' 10, 00 CC Authorized Nextel Communications/Agent Signa \V JuRÂ«kobinson v \0 AUG-02-2000 WED 01:39 PM FAX NU. F. UZ .. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt 920.5104 DATE: 8.2.00 PROJECT: Nextel Telecom Facility REPRESENTATIVE: Justin Robinson OWNER: 1 YPE OF APPLICAT]ON: One Step - Wireless Telecommunication DESCRIPTION: Installation of telecominunioation facility on E.Cooper Avc. Land Use Code Section(s) 26.575.130 Wireless Telecommunication Facilities Review by: Staff for compliance with criteria. if application is not consistent with criteria, conditional use review by thÂ© Planning and Zoning Commission is needed (public hearing). Review by Historic Preservation Commission k required for any location on a historic structure or within 11 historic district. Public I learing: No. Unless appeal of criteria is heard by Planning and Zoning Commission Referral Agencies: Engineering Planning Fees: Planning Deposit Minor ($480) Referral Agency Fees: Engineering, Minor ($170); Total Deposit: $650 (additional hours are billed at a rate of $195/hour) To apply, submit the following information: 1. Proof of ownership (for parcel on which facility will be located). 2. Signed fee agreement. 3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf ofthe applicant. (The property owner is the applicant. Wireless service may be authorized to represent owner.) 4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State ofColorado, listing the names of al} owners ofthe property, and all mortgages, judgments, liens, cascments, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 5. Total deposit for review of the application 6. 3 Copies of the complete application packet and maps. 7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 8. Roof plan with proposed facilities. 9. Additional materials as required by the specifiÂ© review. Please refer to the code language for the specific subinittal requirements. 10. A written description of the proposal and an explanation in written, graphic, or model form of how Ihc proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Disclaimer: The fofegoing summary is advisory in nature only and is not binding onthe City. The summary is based on current zoning, which is subject to Â©hange in the future, and upon factual representations that may or may not be accurate, The summary does not create a legal or vested right. 4, 7% 8 4" 1-# t>* J 9 te M & /*& ' 2 %Â«~// 44$ .. Nextel Communications 4643 S. Ulster Street, Suite 500, Denver, CO 80237 303 721 -3400 NEr October 20,2000 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Re: Nextel Communications proposal to locate a Wireless Telecommunications Facility at 620 E. Cooper. Nextel Site CO451-C Specific Submittal Contents To Whom It May Concern: Enclosed please find the application for Nextel Communications proposal to operate and construct a Wireless Telecommunications Facility on the roof ofthe Hunter Square building located at 620 E. Cooper. Per Attachment 4 all applicable copies and documents are enclosed in this packet. 1. Site Plan as well as before and after pictures are included 2. Site Survey illustrating relevant location and legal description ofthe subject property. 3. Landscape Plan. Nextel Communications would like to request that Staff waive this requirement due to the location ofthe facility entirely on an existing building. 4. Elevation Drawings. Elevation drawings are affixed as page 2 ofthe full size architectural drawings that are in this packet. 5. Lighting Plan. Nextel Communications would like to request that Staff waive this requirement due to the fact that Nextel will not be adding or increasing the lighting that is currently at the site. 6. Structural Integrity Report. Enclosed is a letter of intent by a licensed structural engineer to veri6 the structural capability of the roof. Due to the fact that Nextel is not constructing a freestanding pole or tower sub- requirements a-d do not apply. A full set of structural drawings for the Nextel facility will accompany the building permit review process. .. 7. FAA and FCC Coordination. The Nextel facility would not be located near the airport nor would it be a stand-alone facility and thus is not required by either agency to submit for compliance. 8. Utilizing an existing Facility. Due to the fact that there are no existing stand- alone telecommunications facilities in the immediate proximity, Nextel has pursued locating on a building as opposed to proposing a new facility upon which to locate. 9. Selection Criteria. Upon discussing this requirement with James Lindt, it was determined that this was not necessary. 10. Pre-Application Discussion. See attached copy ofthe pre-application report completed by the Aspen Planning Staff. In addition to these Specific Submission Contents for Wireless Telecommunication Facilities I have included, all required items from Attachment 3 'Minimum Submission Contents" and the information requested that was indicated on the Pre-Application Conference Summary. Included are, Proofof Ownership, Copy ofthe Title, Signed Fee Agreement, Letter of Authorization to represent the property owner in consummating this application and the deposit for the application and review process. Thank you for reviewing the enclosed information, please feel free to call me with any questions, concerns or need for additional inforrnation. Sincerely, --1 I Justin icÂ°binso~ Nextel\Communications .. Nextel Communications 4643 S. Ulster Street, Suite 500, Denver, CO 80237 303 721-3400 1 ~E Â® October 20,2000 ./ City ofAspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Re: Nextel Communications proposal to locate a Wireless Telecommunications Facility at 620 E. Cooper. Nextel Site CO451-C Compliance with all FCC and FAA Requirements. To Whom It May Concern: Il This application for a wireless telecommunications facility will comply and with all mandated Federal Communication Commission guidelines with respect to maximum radio frequency and electromagnetic frequency emissions. Nextel has been authorized by the Federal Communications Commission to construct and operate the first multi-purpose enhanced specialized mobile radio system (ESMR) in the United States. As a requirement ofNextel's licenses, Nextel is subject to FCC audits and to date have not been notified of a site in noncompliance. Nextel operates well below that of the maximum standards of both RF and Electromagnetic emissions and will continue with the same at this proposed facility. Sincerely, DC Justin Bobiaw ' Nextel\Q~*ications ' ASPEN/PITKIN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and ble,<Hinx,wHIsT LeÂ¥45'.: A IDEL*-242. CD#A~Â¢61",tr-3 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for t ~6\ Wt,-Est '& L.Lâ‚¬ â‚¬-C,-07< /lice, 1, E)'~-li-*e-f. (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 45 (Series of 1999) 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 CITY's waiver of its right to collect full fees prior. to-a determination of applica~n completeness, APPLICANT shall pay an initial deposit in the amount of $ -989 which is for 2. D 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. 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 'U c 31 1 -Â· By: ByÂ· Julie Ann Woods Community Development Director Date: 1 05 2/pr; fT-3 Mailing Address: tÂ·49*xeu-5-0*AUJUr-to,-26â€¢ 4945 â‚¬p. Flint*L 9*. 1 9<tÂ·. SOO 1~21 -AWL V. i 50 9023.-1 AnoÂ· Pwiyejelt MALâ€¢.6-CAGJ g:\support\forms\agrpayas.doc 12/27/99 CD 49\C .. COMMITMENT SCHEDULE A PROPERTY MANAGEMENT NEXTEL COMMUNICATIONS 4643 S. ULSTER STREET, SUITE 500 DENVER, CO 80237 1. Effective Date: August 23, 2000 at 7:00 AM Order No. 406588N-C JM/la Customer Reference CO-0451C 2. ALTA Owner's Policy Amount: $ Proposed Insured: A BUYER TO BE DETERMINED 3. ALTA Loan Policies Amount: $ Proposed Insured: Proposed Insured: Amount: $ 4. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE and title thereto is at the effective date hereof vested in: HUNTER PLAZA ASSOCIATES, LLP, a Colorado limited liability partnership issued by: Owner's Premium: $ THE TITLE COMPANY OF THE ROCKIES, INC. Lender's Premium: $ 600 EAST HOPKINS AVENUE #305 Add'l Lender Chg: $ ASPEN CO 81611 Add'l Charges: $ FAX 970-920-4052 Tax Certificate: $ PH 970-920-4050 DENVER 303-595-8463 Endorsement Chg: $ TBD Charges: $ 2,500.00 TOTAL CHARGES: $ 2,500.00 FIRST AMERICAN TITLE INSURANCE COMPANY .. COMMITMENT Plat id No. SCHEDULE A (continued) Order No. 406588N-C 5. The land referred to in the Commitment is covering the land in the State of Colorado, County of PITKIN , described as follows: Lots K, L, M, N and 0, Block 100, City of Aspen, EXCEPT the following portion thereof: A parcel of land being part of Lots K, L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the Northwest corner of said Lot K; thence South 75Â°09'11" East, 62.44 Feet along the North line of Lots K, L and M to the center of a masonry wall; thence South 14Â°50'49" West, 32.24 Feet along the center of said wall; thence North 75Â°09'11" West, 16.30 Feet along the center of a masonry wall; thence South 14Â°50'49" West, 4.16 Feet along the center of said wall; thence North 75Â°09'll" West, 46.14 Feet along the center of said wall to a point on the Westerly line of said lot K; thence North 14Â°50'49" East, 36.40 Feet to the point of beginning. FIRST AMERICAN TITLE INSURANCE COMPANY .. COMMITMENT SCHEDULE B Order No. 406588N-C Section 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Deed from HUNTER PLAZA ASSOCIATES, LLP to A BUYER TO BE DETERMINED. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288 - CRS 39-14-102. 2. Registration Statement from the Secretary of State for HUNTER PLAZA ASSOCIATES, LLP Limited Liability Partnership, and Articles of Association for HUNTER PLAZA ASSOCIATES, LLP , disclosing the names of all Managers of said limited liability partnership and otherwise complying with C.R.S. 7-60-144, et seq., and evidencing the existence of said limited liability partnership, must be filed in the office of the Secretary of State for the State of Colorado, but need not be recorded. 3. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the provisions thereof. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT PURSUANT TO 1983 C.R.S., 39-1-102 (14.5) AT A CHARGE OF $10.00 EACH TO THE CUSTOMER. NOTE: Corporations that do not maintain a permanent place of business in Colorado, and individuals, estates and trusts that do not reside in Colorado may be subject to a Colorado withholding tax on the sale of real property in the amount of $100,000.00 or more. The withholding tax will be the smaller of two percent (2%) of the sales price or the net proceeds from the sale of such real property. The tax will be withheld by the title company and remitted to the Color'ado Department of Revenue unless the seller executes an affidavit confirming the exemption of the transfer from this withholding requirement. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY .. REQUIREMENTS (continued) Order No. 406588NO C- 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 inch. The Clerk and Recorder may refuse to record or file any document that does not conform. 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. FIRST AMERICAN TITLE INSURANCE COMPANY .. COMMITMENT SCHEDULE B Section 2 EXCEPTIONS Order No. 406588N-C The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey 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 due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Any mine of gold, silver, cinnabar or copper, or any valid mining claim or possession held under existing laws, as reserved by M. G. Miller, County and Probate Judge of Pitkin County, Colorado, in the Deed to P.W. Pratt and 0. D. Sebree recorded January 3, 1888 in Book 59 at Page 236. 8. Any and all rights of the owner of the property immediately adjoining subject property arising from the existence of a party wall partly located on subject property, as described in Agreement recorded April 30, 1987, in Book 534 at Page 851. 9. Restrictions, which do not contain a forfeiture or reverter clause, as contained in instrument recorded April 30, 1987, in Book 534 at Page 851. 10. Terms, agreements, provisions, conditions and obligations as contained in Encroachment Agreement by and between the City of Aspen and Hunter Plaza, recorded May 18, 1987, in Book 536 at Page 812. 11. Any and all leases and tenancies. (Continued) FIRST AMERICAN TITLE INSURANCE COMPANY .. EXCEPTIONS (continued) Order No. 406588NO -C 12. Deed of Trust from HUNTER PLAZA ASSOCIATES, LLP to the Public Trustee of PITKIN County for the use of Norwest Bank Minnesota, National Association, to secure $3,000,000.00, dated March 2, 1998, and recorded March 4, 1998, at Reception No. 414160. 13. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by HUNTER PLAZA ASSOCIATES, LLP, from , debtor(s), to Norwest Bank Minnesota, N. A., secured party, recorded March 4, 1998, at Reception No. 414161. 14. Statement of Change recorded November 22, 1999 at Reception No. 437880 in reference to the above financing statement. 15. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Hunter Plaza Associates, LLP, from , debtor(s), to Norwest Bank Minnesota, N. A., secured party, recorded March 4, 1998, at Reception No. 414162. 16. Assignment of Rents recorded March 4, 1998, at Recepton No. 414200, given in connection with the above Deed of Trust. 17. Assignment of the above Deed of Trust to Morgan Stanley Mortgage Capital Inc., recorded April 7, 1998, at Reception No. 415363. 18. Assignment of the above Deed of Trust to Norwest Bank Minnesota, N. A., recorded March 6, 2000, at Reception No. 441148. 19. Assignment of the above Deed of Trust to Lasalle Bank National Association f/k/a Lasalle National Bank, as Trustee for the Holder of Commercial Mortgage Pass-Through Certificates Series 1998-Cl, recorded June 26, 2000, at Reception No. 444557. FIRST AMERICAN TITLE INSURANCE COMPANY 17 -;1Â£22 21 ~ 2,4934 -2 - - '. - 1 ' TEE,*<7Â· u Â·. ~~Â»* *41<' 44 2 2/46 2. 0512Nk a 1.- r inthc year of our Lord one thousand cight hundred 1 Zilig Peed, Made th:â€¢ . _.....=...2./..fE ..dayÂ· *LE<<MIALL- ~ ~-- :fl ~~~0 Â· ~ .w. Deane, County and Probatt Judge or sal,l P~'fn County, as party of the Arst part, and-- tichty..9,Â¢522> .1-between M. G, Miller ai County,ind t :obate Judge ol the County u, P'tkin, in the State of Colorado, and succeâ€žor in o,Ace or 1 ,?:fld=CÂ«..... ....... 4 , ofthe County of Pitkin and State of Colorado, party of the second part. . - ' 1'11'.s}XNET]f, TIIAT W]]ERE.IS, under thdprovilions'ofthe Act of Congress, entitled "An act forthe reliefof the inhabitants of ~;tic, 4,11 'Â· f towns'upo-n tho rAiblic*lands," apprdved March 2, 1867, J. W. Deane, as County and Probatc Judge of said Pitkin County, in the *tate aforesaid, -; T,,f:.-- ~ :make"a lowÂ·ns,!6 61111:lthÂ·junderÂ·llate b'flune 2, 183$, in the United States Land Oflice at Leadville, Colorado, for the land described a, the towl UT :. h 1 of Aipen; said entry being'Ai<deirl-trust for the several use'and benkof the'occupants of said townlitc according to their respective rigpi, - ' r - -' [ intemts t|i'crein.$'Widch'kal'd e'ntry mi, bj/Griler-of the Commi,sionbr-of the General Land Oflice orthe United States, m:dc on the Igth d~y ,r~' -~ ; - tED:- .'~ ~4-/A. D, 138!, it-,pendAUnd onthdth davof May, A. D.'1884, by,said Commilsioner held forcancellation. , 14 . ...:1 I*iÂ·ff. AND'liliEREARCon thength lay-of July,Â·A.- D.-1834,;the Monomb'e Secretiry of the Interior of the United State, by art order of that d 2 - 32Â·Â·-~ <Â·31 -,a~liA~] said entry tobe madc. r -7. ., ...â€ž AND YI'll El'EAK- ihe United State, of America drd, by'lt"c;rtain patent deed bearing date of March 3, A D. r 885, give, grant and convey w.to tkt:. M Â·Â·Â·-~ 'the's,id J. W, Deane, County and rrohate Judge al aforciald, in trust as aforesaid, and to his successors and asligns in trust as aforruid, the 13â€ž1 tr,Ct i i ~iÂ·76. - n. pfab64 dest-ribed, to have'and to hold the jame, together with al' the rights, privileges, Immunities and appurtenances of whatsoever nature ther:,â„¢, 4 %44 5 2.1 '.beloncing unto the Aid J. W. Deanc, County and Probate Tudge M aforesaid, in trust a, aforesaid, and to his successors and assigns in trust as aforcuid -Â· 'Â¥t.Â·. :G. Â· 1 25-~Â·Â«AND Wl'El'MAS, by an actof the General Assemby of thc State of Colorado, entitled "An act to provide for the disposal of town lots and the 65~ Â· Â·~2Â·'. 1 ?:>-~eed, ors:,}ein towÂ·nâ€¢ites entered tipon public lnnili," approved the st day of March, A. D. 188 4 it is provided that when land is cntcred as aforesaid ' "~ 1, i 244-i:,4 1 -Cllic,de*di .hall be'signecibiÂ· the County and Probate Judgeor his'successorinofice, under his private seal, AND WHEREAs, the said M. G. Miller i â‚¬ K ~ 7*2%%4!LIbe succe:wrofsaid J. W. Dcancal County and Probate Judge of Pitkin County. , C- h riAN:2 4.1 19..f,%-' . . 1 f J) 0 Â·) It J) i 9 + C#fR~E#i- AND-iliEREA& it appears that.....E.46...42Â»+.Gk--L./...:ALÂ£.0..~.d.Â·:262.:ZZ~...42.4.1.---...................-...~~- Â· .~ i~ ~ :~~:le:,Ily entitled to lotâ€¢, blocks and parccls of ground hercinafter described as the rightful occupant thereof; and 8 entitled to the--bbeupancy and -1 1% 1 151....i . f ~Possession of each and ever'y of s.,id loti blocks and parcel. of land. A p' Â·fÂ· Â· -6Â·Â·' NOW, 71[EREFOHE, I, M, G. Miller, County and Probate Judge of Pitkin County, inthc State of Colorado, incorrtpliancl wi~~claw;onhe ~~ t 'I 1 14.:8:-4 1 :St:te or Colorado, and by virtue of the premises, and being the successor in office of J. W. Deane, County and Probate Judge as aforesaid, and his j 63Â·i:.i~ luccessorin trust, in cons:,!cration of ~*, .. -LU ... u k j Mi?:7Â·.. 1 ~p;Unise;~and the stin, or (s.....27.. fi. ) 9 i :Ut-j~-~- i -229Â·32312(â‚¬33;,ED,f<.1.40,3-4,"11:11're':-fifilÂ»44%,(14224142Â»19~b~~&0*622%Ii III i ~f. J~ Â· I to.wit: 2 ~~-4-'..4.1-----0 46 ,-. 1 4 1 *>i f 4 1 - - 1. - - -,47 1 iE--'cl-Â· *t/bt-,(CeÂ·L-221. ~ .4 L,-fcc.. ..(C// ./.trY crC ,~44,+ta> tc/r y<-Â»fuuÂ·-21 ...%: h. . ~7 N " 'i - U - :47. .7.--:.z-Lb --. â€¢-â‚¬L - - i Â·1:3.41 1-:- 1 :41 2 -1 J Â·Â· El Â·Â· .t=. w r-1 ' 1 ....' , -_- Â·Â·.,1.1 $ 1 7: ~Â·ilik 2 !3 i .....1-1- 1 - ..... r - -/ - . 26 I '., .'IILÂ·. -,fÂ·-5 2.. //~t, 41 13 - 3 2 T :-3 L ,3:UÂ·U... *645.-Â·~.' J .1.I,2.5 1 TO 11.(VE AND '1 HOLD the said Land and premises, ton- 1 rig,m prly'leSS, Immunit,es and appurtendces of whatsoever nature . 7 -"PE i -Â· -''r 'thereunto betonging or m anywise appettaining unto the said....4.1 Illf ~ -2.- - -71 /f - r,&&12#Lia.i*a--4Â«itÂ·Â·).~.â‚¬:2.f-X-Â«~223* 5â€žiii . 4- CÂ»f-:412.11%1~...2-:-.-39 7Ihi 1 ,â€ž,_u~.4.Â·D...heirs and a:q:gris forever, 1.--212 2. 2* PltOWI)El}, ]1011'El'Elt, that no t.tie shall be hcreby acquired toany n,Ine of gotd, silver, cinnabar orcop64,141167-ratidlijingti;im ~r ~,~~ ~ ~Â·~~ f -~ .':- -Â·t ~ po<.eâ€¢kion held under exi,ting laws; anc! provided further, that this deed is hereby made and declared to'66-subject to all-the~bo,id,;!ME(,1imâ€žirltt'83- iti~.12 0 & and res:riction, con:ained in Section 2386 ofthe Revised Stattites ofthe United States, 50 f,traithc -same-in aÂ®licable theitt~.9*11'a.tz:AI'- 34 - 1 -12; ..23~ 1 ~ *. - IN 11-1TNIÂ·NS WHIÂ·:REOK 1, M. G. Mitter, Countv and rrobate Judge of Pitkin County, in t!~e- State of Colgrado,=successor in omce of J. W.5- â‚¬-35,~' T i * _ . ~ Dear.c, a aforesaid, bave hercuntosct my hand andaffixed my private seal the ~dayand~ yttfirit *tfir,t~1--.f~---I~:,- -.2, 7*rt~ â‚¬:2.~ .., J.% I.. - 1 'll i r--1 ; 11 U 11 J ~ 1 1 -Ort,) .-,ff=VO.itiÂ¢~~~te~~~~p-:24,~gÂ·353*h:=14Â» 3, 01 M --t>r~rnr--a Nota,yrublic in and for - 4~ = ~1 ,-------42 ' : ; : said Couht>; in th. State Sfor ild. hereby certi y thit~-~M. G. ilti <pei~nally,known 16 m..- to.b thet e. 21. , ,7 f . thtttnt-03,64~n'AS.6,~.oraC.#1,~'"A,fil~i~~c--u~~~3id~Fo~'inmidd~vT,71Â«Â»Â« 0} i 2 li A. D, I)37....1 V. - 1 li i ~1" %1 1 2-,Ic,1 for r: or: on the. 7 --- 'Ill 4 4 ..day of.~....~..714;~.....A. D.-18 -r...at...41.ffi~ock ..-~El"[. . ~ I ill 'tz: ..--. * *Recorder. ~ i Id 13.~ pr%N -"41 b.Â·'Â· c-Â· 'AÂ· ' 7 14*,thir ,Â·Â·Â·.1.4.:.f '+ 21,1.41' i./Imal/fitkil--.-' I~ t T . - .pl~1 -'---- .- r~~~Â·~3 i -1 - --- - =.-- ---,-r.'-- Â·Â· Â· ~49flumE .. .t=- 0 * ' ~t .IÂ·:t<..1 -, . 3.GLE.V'=tz'76-Â·,Â«:-n . -..= _~- - .~rr :., -7-- 6 .'~4facm -- e-,1 - 't--~7.3-,1 7 â‚¬ i 9~27? N-2,Ls,42_1... . r=51. 0, . ,--,1 115 m - 1 r ~ . - !. Â·i;pal L/maa.#j m -1 *Dit occx534 :Â¤851 6 - E : . sm= Z -i=El - 0 0 2 Il:NE C=, 4 . - UKE . Ah-Ex 5 -*-4.p COMMON WALL AGREEMENT - ' "= v - 1.-R b z. i - 51 N 2 i.rAA: I. 2.-â€¢' '.Â·1/ 919& AGREEMENT, made and entered into t'nist.-1~~~ay of X frye 51;.1.-1 8#Ne, Â£ , 1987, by and between MARTIN J. CERES, an individ- 2 Â· P 152.2 ualt and ROBERT L. KOPP & COMPANY, a partnership (hereinafter collectively referred to as "Cerise/Kopp"), and HUNTER PLAZA . Â· .../ 325 2 Y ASSOCIATES, a Colorado partnership (hereinafter referred to as ta=&1-2 8 INPA..) I . &33. 1 WITNESSETH: 1 252 - 1 9*1-1 WHEREAS, HPA is the record owner of the following described :p22Â·-i - real property situate in the County of Pitkin, State of Colorado, 4241 to wit: Lots K, L, M, N and O, in Block 100, City and Townsite of Aspen, EXCEPT the following por- tion thereof: A parcel of land being part of Lots K, L and M, Block 100, Aspen, Colorado. 21 2.* j Said parcel is more fully described as fol- rol: - lows: Beginning at the Northwest corner of -- said Lot K; thence S 75'09'11" E, 62.44 feet 4, ...r . 'U'32+J along the North line of Lots K, L and M to 1:-!M- 'El=="t â€¢-he center of a masonry wall; thence S 5-1 147. 14'50'49" W, 32.24 feet along the center of r.... Â£ .1. said wall; thence N 75'09'11" W, 16.30 feet 1.4.,2 along the center of a masonry wall; thence S awÂ·/IM 14'50'49" W, 4.16 feet along the center of 1,2. said wall; thence N 75'09'11" W, 46.14 feet along the center of said wall to a point on =.CA 51.- I -. -I the Westerly line of said Lot K; thence N q-= . 3 14'50'49" E, 36.40 feet to the point of beginning, (hereinafter referred to as the "HPA Property"); and , â€ž .=21 WHEREAS, Cerise/Kopp are the record owners of that part of Lots K, L and M, Block 100, Aspen, Colorado which is described as 1,4 the "excepted" portion of the foregoing description, said 1 -1 -1,11 excepted portion being hereinafter referred to as the . .-,=m.... Â·azzz! 2 "Cerise/Kopp Property"; and 9.4 .-*.1 , 2374 WHEREAS, both Properties are presently improved with certain : - 3-2 *IM.0.9 building improvements which share a common wall along most of the *: , . 17 ; tal common bcundary; and -mal: i rf I _-CE2 WHEREAS, HPA plans to remove the existing improvements on --- j the HPA Property and to construct a new commercial building . thereon, and in the process thereof proposes to remove and replace portions of the common wall, and.to extend said wall h 6- : I:.310 1 . along the remainder of the common boundary, and to accomplish : 1 ,>04 certain other matters which affect both properties; and . r h .11% 0 22:93 R ' f.-1't #E231 .:3% 1 -6 . ~ @Â©p i-Â· 1 1, , L ....., L UM.cy, . - - 1 1221Â·L.Wkl -13; thÂ¥ â€¢Yss ... r.1 1 '.,1 1 .w'.4,4..0. -. 4Â·4,1~e ' ----1 -- 0 4 .:rt F fmir: Z +/ M Vt/diÂ»*-90:F~ 1.~ -~"-992-~â‚¬ ffet--.~R.kL : U -4 1 1. .*--- - . .. , 1 11---1 ... .--4.---- ... 1 , 1 x - .22 -,1. - .... 7 - T .7 - # p - --Irr-~57~7.'- -- -n---1.,5Z~= , T ' 49- r A i r. a A 42. 500 500KJJ= B ''_.21 WHEREAS, the parties desire by this instrument to establi3h certain rights and responsibilities, as between themselves, with respect to said common wall, and to formalize their understanding with respect to said other matters. Flut:.1 . NOW, THEREFORE, for and in consideration of the mutual cove- nants and agreements herein contained and for other good and . - valuable considerations, the receipt and sufficiency of which are ' , hereby acknowledged, the parties agree as follows: 31& r.y 1. Common Wall. The plat attached hereto as Exhibit A and made a part hereof Dy this reference depicts the location and - width of both the existing (ie. to be left in place) and the pro- 1 ..*..ia, posed new section. of the cbmmon wall, it being expressly under- Â£ 1.4 I stood that the centerline of the replacement sections shall be in I :2 the same location as the centerline of the wall sections being ~ replaced thereby. The parties mutually agree that, following 1 Â·Dâ€¢Â·f r I completion of construction and for so long thereafter as the same 5. +0.7 -1 shall remain in place, the entire length and width of said wall i Â·St 1/ - AÂ». i as depicted on Exhibit A (including the column at the westerly i r ' end of the wall) shall be deemed a common or party wall and shall !. 23 be subject to all of the terms and provisions of this Agreement. ''. A - (a) Each party hereto is and shall be the 1 -. Â·Â· 714/ . i respective fee simple owner of the portion of the , '19 land underlying said wall to the center thereof which is part of said party's Property as above [lj$ , described, and the owner of that part of the wall .--- . 1 itself to the center. Each owner hereby grants to f=r'/1 i the other a perpetual, non-exclusive easement for the continued existence, use and enjoyment of the +- ...02 portion of the common wall which lies on said t ... u tÂ· i I granting party's Property. le''jE 1 (b) Following completion of HPA's construe- tion and for so long thereafter as the common wall '.4.3 shall exist in placo, c:lch of the parties hereto . 1- .1 - shall bear equal responsibility for the continuing 1 1 : 4 4/ -%41 maintenance and repair thereof to such good order and condition that the structural integrity of the 3-?-ta.w improvements on the respective properties shall be â€¢. *30 ..I I Â·ELD.gÂ·* . . protected, preserved and maintained. Provided, ' that neither party, without its prior consent and approval, shall be liable to the other for any , ...122 costs incurred by such other party for the , .1.-.ZE improvement (as distinguished from the necessary .. â€¢ -A maintenance or repair) of the common wall. ..=: (C) In the event of damage or destruction of -- I. .0 all or a portion of the common wall by fire or -33â‚¬ i . Â·:'7 -2- : â‚¬9 idâ‚¬..2-.f 78.-Ul. 12 $; *4*. > 2.-48 â‚¬+22, :?br -:.,p#<% Â· -..22 . 11 I - 0 .Â· "&/'ei:';: . -- fy ,~ 2 .....@Eft -, 4.-52 lait e , . A ..bm. /. Â«Â· -*16'r I.....1 r. ( . -- .' ~~~i.Â· i.---,Â·ES;;AN' *- --Â·zli~.F. ' Â·. ~'. -/j/n' $ ,-1 Â®,534 m:853 other independent cause, the same shall be promptly repaired or reconstructed to its prior specifications and the expense thereof shared )11.zil 1....A :ZE. equally by the parties hereto. If such damage or destruction is caused by one of the parties Tf .40 hereto, thatÂ· party shall bear sole responsibility for reconstructing or repairing the wall to its prior specifications. (d) The common wall shall always be built ' out of brick, concrete or concrete block, in a substantial and workmanlike manner, and shall con- ---- form in all respects to the laws relating to con- struction, restoration or repair of buildings in - ' â‚¬.L force at the time in the City of Aspen, Colorado. Any repair, maintenance or reconstruction of the ...g same shall be done so as to causc the least possi- 1.-,- ble inconvenience to both of the parties. .- Ce} If at any time in future either party shall elect to erect on its Property a building .~ constructed in whole or in part of steel or other : 1... metal, such party may, for that purpose, insert or 1 ., 4.22* place structural steel or other metal in the com- mon wall, provided that by doing so the other party shall not be deprived of the use of the com- mon wall for the support of his building, and that the structural integrity of the common wall shall :it--1 not be impaired thereby and that no part of such Li . .... steel or metal shall extend beyond the centerline of the wall. 2. Footings. As depicted on attached Exhibit A, HPA's existing and proposed subsurface footings encroach approximately 12 inches from the center of the common wall into the Cerise/Kopp '2. Property. Cerise/Kopp hereby grant and convey unto HPA a perpet- ual, non-exclusive easen,9-,4 foÂ· the installation, use, mainte- nance and replacement of said footings to the full extent that they encroach upon the Cerise/Kopp Property, which easement shall be fully valid and effective for so long as said footings or any functional part thereof remain in place. -I. Z.. 4 i ri 3. Authorization; Tolerances. Cerise/Kopp hereby author- ize HPA to accomplish the replacement and/or installation of por- tions of the common wall and the installation of new footings ' adjacent thereto in the locations depicted on attached Exhibit A, F ---57 provided that such work shall be performed in compliance with applicable codes and at HPA's sole cost and expense. HPA hereby ~ '.- -& commits and agrees that the common wall and footing construction l ~ 1...9.- shall be substantially completed (such that the adjacent portion j -3- r : 409, 1 1 :. 1.4 , A 1.: 143:i~<",i f . < f -,+ f ~.19*~P#,PUM' 'But,r.. -*.Ir=~... -- -- 1 -. .7 --4 *. Â·.'Â·:Â·,Â·,-5. : .,-r-.;,;xmg>Â·â€¢â€¢eÂ·4,44*EEZ-* - - - I . . 1 1.---1... 1.-7-7..7.---7:...,5 1 -- 9.>'-1=:rÂ·-0 Â· -7--Â·c:17~e 4 so,534 m.854 of the building on the Cerise/Kopp property can again be occupied for business purposes) on or before July 1, 1987, and that Ozzies M ... .4 Shoes, Inc. shall be and is hereby declared a third party benefi- ./ ./ -Â·.J ' clary of this completion date covenant. Following completion of such construction, HPA shall have the exact locations of the *r' t entire common wall and footings surveyed, and shall deliver a MyAp'.i copy of the survey to Cerise/Kopp. The parties mutually agree , that all of the terms and provisions of this Agreement shall remain fully binding and effective so long as such survey does not snow the common wall and/or footings to encroach into either 31 * party's Property more than 1 inch beyond Lhe encroachments depicted on attached Exhibit A. Provided, that if such survey ~-- 1~ : shows the actual encroachment(s) to be more or less than one- h quarter inch from the locations depicted on attached Exhibit t, the parties shall be obligated to execute and record an amendment L to said Exhibit A which reflects the surveyed locations of the new wall and/or footings. 4. Cerise/Kopp Roof. Following completion of construction of the new common wall sections as above set forth, HPA hereby agrees that at all points that the roof of the building on the ,- I Cerise/Kopp Property abuts the common wall (both new and existing sections>, HPA will join the edge of said roof to the common wall Â·.&Â·.2~.%,. with flashing so as to provide a weathertight seal. HPA also .- 1,LÂ£.Uk .L..1 commits and agrees that the roof of the new building being con- structed on its Property will not drain onto the roof of the ...1 building on the Cerise/Kopp Property. .2 13/ 5. Cerise/Kopp Structural Integrity. During construction of the new building on its Property, HPA shall and hereby agrees to preserve the structural integrity of the building on the 7 -/ Cerise/Kopp Property, and to take adequate measures to protect the interior of the Cerise/Kopp premises against water damage during such construction perod. 6. HPA to Cap Sewer Line. During construction of the new building on its PropertyÂ·. 321 shall and hereby agrees to cap per- Â· manently and to disconti,lue use of the existing sewer line which :7 serves the bathrooms in the palazzi Texaco Station. Said cap shall be located within HPA's Property, and shall be performed at HPA's sole cost and expense. 1 - 2, >17 1-- 7. Single Water Tap; Separate Meters. During and follow- ing completion of construction of the new building on its Prop- erty, HPA shall and hereby agrees to preserve Cerise/Kopp's hook- ! t<â€¢Â·- up to HPA's water tap onto the City water system in Cooper i Street. HPA further agrees to provide and install a separate Â¥ 1 .:r for Cerise/Kopp on such hook-up, all at HPA's sole cost and expense. Following installation of this meter, 1 ...4/ Cerise/Kopp shall be solely responsible for the payment of water 45,2 9 - '29 charges logged thereon. 7-: - -â‚¬**r Â·Â· i -4- r.1;94 1 Â·Â·elory- .......... , Lm.:-77' -1 t>' -- L. 9-,~iqz: . ' 54 :L.. . .1% â€¢ -St,~~ + . - Â· .*r -/ b Z . c - Â· Â· Wâ‚¬1--L_ 1.1 - ~ - -,Eff Ne:Fjgk, -1 Â· . i - f ' Â· - . 3. â€¢c- &.t ,. . ~ ~' TE; ..,+ If . -I . : .. ..el- ' 11- lr~ 2~ Â·~ -4 -.-r Â· + i 1 . ' Â¢ ~ 4 1 Â·cri~Â·PÂ·Â¢,,-Â·..,39;7~.pir~~A~ '*Â·-. ; 1 I 32531 i....0Â£855 --W.I-' 4 8. HPA to Remove Encroaching Gas Equipment. During con- struction of the new building on its property, HPA shall and hereby agrees to remove (or at least to move off of the 1 44Â·41* Cerise/Kopp Property) the large gas meter from the alley behind the Cerise/Kopp Property and all asscciated gas lines and equip- ment which presently serve the HPA Property and which encrodch on the Cerise/Kopp Property, all at HPA's sole cost and expense. 9. Termination of Prior Agreement. The parties mutually understand and agree that drom ana after the recording hereof in ' phi I ~ the Pitkin County real property records, that certain Party Wall Â· Agreement recorded April 13, 1983 in Book 443 at page 332 of said - records shall be deemed fully and forever replaced, superceded, terminated, cancelled and of no further force nor effect whatse- 5 - --Ili f .- ever. ' 10. Covenants Run with the Land; Binding Effect. All of 1 the terms, provisions, agreements and easements made, granted and/or established herein shall be deemed and construed to be covenants running with the land, and shall constitute a burden on the title to the respective Properties of the parties to the extent set forth herein, and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, 7-7..... + I'â‚¬.: - personal representatives, successors and assigns forever. r IN WITNESS WHEREOF, the parties have hereunto Set their 1. . . hands and seals as of the day and year first above written. rbj' BleoL- pt<u GAU/4 60. Martin' J.'-' Ceris* 1 Eht* Robert L. Kopp & Company, a partnership klor /4, /4, r.4 Robert L. Kopp, Genebal Partner 4 -U 1 -!'7Â» , Hunter Plaza Associates, a , .' B;: - 1 \ ./>f. -I '. i F Ankhony B. )M#zpaÂ·rÂ·-ttaâ‚¬aging 8 -Genek* katt~er .' V f, 7 7 6 i i 7 h;7. r.%5â‚¬06; ~lorawy wa-ul.ership Ail \ 1 V \1 Lly 1 - 5 U-43.-s- . Pkcl/#/f: . ./.7-W-17 - - - Â· ..1 ..17:gE,0,--4 7 ' ./ ~ - 18*8~. ' ./. ... '. 9 - L + V- 71 - --1.1 - 41$ 1~rlf 2~4'f'18'~ 4*'Â·>Â· ' 44. - -Ii- ..,17'Ukk......rt-2.9-7-.f , -, h.,~t .,'.7 .r.'. -1Â·3j~Â·,'-iyli-Â·._-4:Q22.27* 1. - Â· Â®0534 ....::856 - . / 0 i 'le '..... i -i. , ... El= I -5....''o't'lori './. j STATE OF Cdom&O 1 4 : Im ) SS. i ./ 4 COUNTY OF Â¥,Â·U.-LA ) '0'47 M 39 v,...Â·~'' .., 1 *321 - -- + i..~.The foregoing instrument was acknowledged befofe mAZ Â¥42,glw:,- - 2.,TO day of fraxcu , 1987, by Marli.Â·. J. Ccrl leÂ·.Ulluxi,kir-14-2 Â·-- 1-'- UAA&Q' PÂ®u,t' cÂ·k,0*eeNtÂ«tee ene.KSÂ» 6. C.-06244., f 68-.hZ.T~ess my hand and official seh-l. : - -, My commission expires: 10-25-88 6 1Â«Q- A. Y 092 4<o. boxr)60- Aspen.c-09\6\1 i Notary Public ~ STATE OF 00=02* 3 ) SS. COUNTY OF 7,71Â£,1 1 ,.The foregoing instrument was acknowledged before me this letÂ·L, day of rnÂ«c W , 1987, by Robert L. Kopp as a General ,par062O*n.Robert L. KOPP & Company, a partnership. 4..loi,Rrrfes,20: my hand and of ficial seal. .4 G I:: - 11 ...'2 +1 -*-liv.gotoutssion expires: q k 4 1 gy .:. FU Fc,/::I- 4-/~ .6 -.4 1 p -. QL4 &9~ : 4' T OF CU,. , "/1.M*,4 : f Notary Public ..1 5.33 8 8011- dy..20 F'6(i Fyr --- Ii- 4,0 ' : +4; j 13 t-Â· ~ t -â€¢ ' L -Â« f{>11 -6- 1 bw 0-- 532 S -- . - - I.' -"4% I I. > Rded#1 I Â·Â· . , 1?119' 1 _ .. . z - I - 9&112.Elit'*c Teed;kEE#*42 -34-4#-Ii--Â·I-- ZI~RierS;5 --2:- -tdi-_2-:.12- ~ -f _02;r- ,- - . 2.-22 373-Â·F-:.~- ~ --220.ilt-~,â‚¬#haka:RedÂ·%.i~~=-,~~.9-.:Adie.42#124.49kiÂ·':~ff-'42)8- -402 - -Â·..71-..t,1.22.1--25.!11-0 , 4.-ti.1.0-.,<.-ct>.; 33.J;y~â‚¬*j~Â·Il. * .'', --'f~MMI,~4+n -,Â·Â·5521.:=AAG~~â€¢1AL~:;64Â·Â·,r,..Â«Li'ZZM#F ar .7-y?1 - I -c A -- . -~ -- sco:< 534 r.tot 60 , 1 23Â£ i ..fAts"/ STATE OF COLORADO ) ) SS. 4, r - COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this h-Â·3~- &940 day of 22.Oful - , 1987, by Anthony J. Mazza as the_ . i Managing General *artndr in Hunter Plaza Associates, r Colora-do~~Â·. I .Â·40Â·~ partnership. : 135- . I ~â€¢â€¢ ~10 0 ,~ -'.1 Witness my ... G....4.......... 2 1: hand and official seal. . =a 2 ; 44,0/9 1 Â·c - f My commission expires: 03/a9~&9 3 3 -</ : 'E' / I i (:t ~4*n q ..6 f r. i ..12 Notar/17 Pdblic Ir â€¢ 1 r.' 17. J 1. 4 ./8, UJ 11 r F. 1 5.-t r,/ 1 - -7- ; 5.1 1, .... I *224.: . . . I . Zi--67-S~I#231- -t--25.--%152 ..75- - -'~ 1~-0.:-- -:2- ~--Â·-a - 1 Â· ..- .Â·77Â·9577 1 9.t S . . ' ... IÂ»/* . ...3....1-i ...1,~.- I. ......1 -I 1-2 1 9 '46. 0 -;$4'/:, .*< 23-8.7 -.1.93. 2% 1 --6.-14 44.*.Â·Â·- A-~933â€ž1*03 9ff#~=?%~al--Egmrat-*c'.s.72 -1 ..:...4 9.-m f J .ifâ„¢ I AR râ€¢, Â®3534 f.16~ 858 , n.'rE., '+Chrtâ‚¬ R. , a. 23 pLALA j > OZZ/Eb All. -06.-4 ... Ec<>'r,â€¢44,Â· . QI= 1 Y .f~~~~~~ â€¢UAX.,1 ...~~ 0. woll-W OF p.t.. 2 3%*râ€¢ . Ir - -PL NEW WALL Aâ€¢our: +Y*4 N.M.1 .... .,De .. p L Â·r-H -- CO,U..56 - 30,-*li lir- - f.'.'Le K j -111 Iii 5>2X -- 1 JI -E, f.- RN .ta /Z -Un 'ACM â€žO, PO d 1. -*/El . :, 9.. yw 111 f E W | ,~4*gr/A/* wAL: >rrl >4 4 1 r 90 15 b ~.':Di~.- 3 14 l / 0, P.L, 2 0 spill 4 A l ..6Â£p i:yr ....0- 242Â£2 2 1 4,42 - 3 01 NEW FOOT/4*73: 4'44 .4._ 'JEW WAccs: NÂ« 6.12 B 06 Em . F r F*1t4 1 1 iIi - 4 1.kic: e. 1 02 -I- PL 4--- .2 -4= lili V : 1 ' '~ 12 lili )22 j /~* r r lili :i i ..1= =EFâ‚¬ Â£32; P>C?.2*S....A /04:rsk- Â·. ' -. -I ..0*34 I =Zaff. - ' i Â· '' -~-- - . ICE':Â·=Ll:Bill::64 -Â·.Â·-Â·Â·.-Â· : es - . -L . ... 1-2. r . '94/3737 i 4,3- lillill zi~-,-NE. 2.1-~-/-/.265r)97/5471/~..~*.-/;'Iialt,ffri'r#fr'/*.lfir.&,ff.Patete-116fi52~2#-15/tful/ -- I .- - ' .7.-----7.::-7 -. ::---Â·Â· AAr-EF-..13*q + .- rg~*~7+~/ . 0- ..'- 1-/5/,5, 4.' r.'1311'331-'tibÂ«Mlds;Ywl. -Â· Â· 4 iâ‚¬-.3.72-â„¢inGÂ·6-~4*i - ' 55..'r- -49?:~ Â·Â· f.?-: -- 13<,i{ 7 %4Â·grith- -r.eci-410*ifiti.re,-1~ , I '/ RC L.--for. I.INA-:' Z BOOK 536 PAGE 812 E j ~2 SE ,-tâ€¢ - ag. 2Â§ 0 = S ~ 0, f JEr. ENCROACHMENT AGREEMENT ; e e 01 .6 05.Zi . x~Â·.rn = ilillit- #1 09 01>aae . 8--Â·1 - Thig .arcom*nl- maA- and anieâ€žA Ini. tki. 1lth --1 w. _ W .......re. - A-~. -C 9=2.-2 - May , 1922,- by-and betwee;n -the (-ITY' OPX;PEN, Pitkin County, 77Â»,3. //I 2 -= - Colorado, hereinafter referred to as 'Aspen" and ... -*1 ./ Hunter Plaza - heceirtafter reterred to as 'Licensee.' WHEREAS, Licensee is the owner of the following described 602 E. Cooper Ave. City of Aspen, Pitkin County, Colorado WHEREAS, said property abuts the following described public i right-of-way(s): Hunter Street, Cooper Avenue, and the alley of Block 100 , ...I- i â€¢rg. WHEREAS, Licensee desires to encroach upon said right-of way(s) with awnings that extend 5' and an 8" subgrade footing. property located in the City of Aspen. Pitkin County. Colorado: ...1- 9 h . 325.Â· I- .% WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. :4 44,/11 THEREFORE, in consideration of the mutual agreement herein- Â£ 4,--E~ ... after contained, Aspen and Licensee covenant and agree as ;M;= follows: 1./.-- 1. A private revocabie license 1: hereby granted to Licensee to occupy, maintain and utilize tie above described portion of public right-of-way for the sole purpose described. With regard i k'/7/" to the license for the 8" foundation, said license as granted . - Â»12.- ./. 2 will not be unreasonably revoked. 2. This license is granted for a perpetual term subject to 2 being terminated at any time and for any reason at the sole discretion of the City Council of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. i 4. Licensee is responsible for the maintenance and repair of ., Jul the public right-of-way,. together with improvements constructed 77. therein, which Aspen, in the exercise of its discretion, shall 2 24. determine to be necessary to keep the same in a safe and clean .7 -2- condition. 1- , Ift./ . 0/ ..r..0 JUS- . --:1~~ . . .-Ill ...6.- t..te - 42 Â»11 = - S.. .P Â·73Â·'.143 -I. I t-Â· Â·Ct. 9 4. . r - /, . / YJI'lll -1.1...111 .1.11. 1.3QI *Ail/Mu:M// ill./.4'IÂ¢**~U Ab MAM I .. 1, ~ ...MEUM,qG6*=.Â·_9 - '1 - k.â€¢ . F:, f . AR..4.1~~1....1-I~- - r.,t 913?3*2% 1 -- Irâ€¢ I : - -/.-.'4 . ..1,0 1 - ~.25= 1 800% 536 PASE813 ---- .. - --- .. 1'. ala 5. Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with , ..g) 59,2-1 limits of not less than thoRe specified by Section 24-10-114,- ; 9,42 C.R.S., as may be amended from time to time, naming the City as 1, . 1, X..t, co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall ---...0.4 the City with a copÂ·. of auch coverage or a certificate evidencing i - -1.M- such coverage. All insurance policies maintained pursuant to L .,1, this agreement shall contain the following endorsement: 1 . I 'It is hereby understood and agreed that this insurance policy may not be cancelled by the surety until thirty (30> ... ...Vt i days after receipt by '-the City, by registered mail, of a & C i written notice of such intention to cancel or not to renew.' '* I J :fff: 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and expenses, to persons or /+ 4Â· 2-'*I. * property that may arise out of, or be occasioned by the use, 8.â‚¬ ..=: A occupancy and maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or V. employee of Licensee. . 2 $ -Â·â€¢i: 7. This license may be terminated by Licensee at any time , ./ .. ..1 ........... and for any reason on thirty (30) daym written notice of Licen- see's intent to cancel. This license may be te-minated by Aspen at any time and for any reason by resolution duiy passed by the t.u:/1/Zi- : City Council of the City of Aspen. Upon termination Licensee : shall, at Licensee's expense, remove any improvements or en- croachments from said property. The property shall be restored ! to a condition satisfactory to Aspen. 4 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may ' hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in ..... or affecting said property as it deems necessary. 1 n . e conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the land, : J - and binding upon Licensee, their heirs, successors and assigns. -93. 11. In any legal action to enforce the provisions of this 4. Agreement, the prevailing party shall be entitled to its reason- able attorney's fees. i /1 12. If the structure for which this license was issued is . ' 8 .-9. removed for any reason, Licensee may not rebuild in the same 1=cation without obtaining another encroachment license. 3%1 3*= lr= I .1 0-24 0. *046Â· I. - . ..... I 5 -- 6- 1:~ Â· 1 921*/ -5.11.- 1 -- ..1..Â·. Â·Z.36/dil 4 ~ I- 92012. --'Â·~ 0- :.-3,:11,.21~~1*Fli#~ :.2,65 Â·4Â·14Â·.JUAÂ»':*.tÂ·,2 :.lkÂ»AL M.p,I-*I,IM##40â€¢*I=Um,-L~*6.0-*IKI,â€ž*1,6,#,1,4'Mi~! 411-'11-lu'lic~~magilium-/liumil 1 itÂ·'1 0141,141:Mll,M -7 3---- --- =u f. .-sÂ».- 1 041436 4,4~~1~--~T4f21~1--~- ' . 7.AlnÂ»zlpra -'19~~ . F43,9 - 4,. 21(f:'.'1.7-. :---= 'f--: ..5 c.Â·12 2,1..... 1.. 2--=- ,= 536 PAGE814 , -- . - ji.14:4. 3 -2.1, ~â€¢ 1 . Al ..I 7/ t.'Â¥rn///e WHEREOF,the parties executed this agreement at 1 -Â«% Aspen the day and year first written. *. 1%~52 n... -0 CITY OF ASPEN, COLORADO 8=68 . 1 - *,11* .. - -' ;01221 5 Â·'290/) : 95?21/ 4 - 22&* BILL STIRLING, Mafor :7..1 1 .9 t .2- ATTEST: 4 7 1 ./ erk Â° irqi lip - /:.. C-~ 07'-9 , -'Â·4:-- m C 1--9~ 1 /[14 , .4-+19 D.... . Licensee STATE OF COLORADO ) I-51<I ) SS. --- - County of Pitkin ) - wThe foregoing instrument was acknowledged bpfore me this /l . 4 day oÂ£ -771,~ 1 . : a,s=1 Licensee. " 3 ..0/ ' f ./.- WITNESS MY HAND AND OFFICIAL SEAL. . My Commistic. expires: 11.2-cu.,nt. u-, A.:D. f fvÂ·3'. ..0.9 .~ iiI -I , : W ~Â· Notary ~ublic 5%.t t.Â£24 hu-4,45842,4~166-6--1 Address - - . -S,â„¢SXÂ· I. e Â·. Â·.2~ 4 . ' 7 -- :'.Al...PjA L :=Amp/ .L .*= -â‚¬-Mt 72$11 2-2- -'5â‚¬15-923 S. '.â€¢nek. / --- '.I . 1*re,E . . i. .Al -4.. ifkâ‚¬2.-'.**2@*1'N ,Â· - -': -.. Tf-'r...1~:11.-:1444*44, *2 - -r --i, 641%629#d mine#d .6. 4 -'!A 1 './. *.,109#Lk:'.2.- ..1 DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT This Deed of Trust (the "Deed of Trust') is made as of this J day of March, 1998, by HUNTER PLAZA ASSOCIATES, LLP, a Colorado linâ‚¬ted liability partnership, having its principal place of business it 205 South Mil] Street, Suite 301A Aspen, Colorado 8161 i (herein called the "Grantor"), to the Public Trustee of Pitkin County, Colorado ("Trustee") for the use and benefit ofNORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking association, having its principal place of business at Sixth Street and Marquette Avenue, Minneapolis, Minnesota 55479-0089, its successors and assigns (herein called the "Beneficiary'). 1 RECITALS A. The Beneficiary has nude a loan to the Grantor on the date hereof in the principal amount of 53,000,000 (the 'Loan'). B. The Locr, is evidenced by the Grantor's promissory note hereinafter described. C. As a condition to making the Loan, the Beneficiary has required the execution and delivery hereof and ofan Assignment of Rents and Leases of even date herewith (as the same may hereafter be amended or supplemented from time to time, the "Assignment of Rents"),assigning .i to the Beneficiary all of the Grantor's interest in the Rents and Leases (as defined in the -1 Assignment ofRents). NOW, THEREFORE, in consideration of the sum of 33,000,000 to the Grantor in hand paid. and ; D for the purpose of securing (A) the repayment of the indebtedness evidenced by the Grantor's promissorÂ·y note of even date herewith, payable to the order of the Beneficiary in the principal ; amount of 53,000,000, said principal sum, with interest thereon at the rate therein provided, being ; finally due and payable on April ],2008, and all renewats, extensions and modifications thereof Â· and any note issued in substitution or replacement therefor (the "Note"); (B) the payment of all i other sums with interest thereon as may be advanced by the Beneficiary in accordance with this ' ' Deed of Trust. the Assignment of Rents and any other instruments securing payment of the Note (the indebtedness evidenced by the Note and all such other sums are hereinafter collectively i ~ referred to as the "Indebtedness"); and (C) the performance ofall the covenants and agreements of the Grantor contained in the Assignment of Kerns, the Note, this Deed of Trust and any other 4 59 Loan Document (as hereinafter defined), the Grantor does hereby mortgage. grant, bargain. sell, 11 assign, transfer and convey unto the Trustee, in trust, with power of sale and grants to f i Beneficiary a security interest in, all the tracts or parcels of land (hereinafter called the Â»Land"). located in Pitkin County, Colorado, and described in Exhibit A attached hereto and made a part hereof, together with all of Grantor's right, title and interest in and to (i) all of the buildingi structures and other improvements now standing or at any time hereafter constructed or placed . upon the Land (the "Improvements'), (ii) all lighting, heating ventilating, air-conditioning, â€¢ 11111111'm 1111111111111111 ll~111~111111111111111111 , 414180 03/84/1098 11:344 DT DAVIS SILVI 1 of 40 R 201.00 0 0,00 N 0.00 PITKIN COUfTY CO A Fc T 1 2.4 9 i .. - i ,--4 ', - 11111" ilill 111111111111 lili lilli 111111111 lilli lill illl 414188 03/64/19*1 11:36A DT DAVIS SILVI 2 9/ 46 R 201.60 0 0.00 N O.De MITKIN COUNTY CO sprinkling and plumbing fixtures, water and power systems, engines and machinery, boilers, furnaces, oil burners, elevators and motors, communication systems. dynamot. tnnsformers, electrical equipment, carpets, draperies, blinds and all other fixtures of every description located in or on, or used, or intended to be used in connection with the I-and or any of the Improvements (excluding, however, fixtures owned by tenants occupying space in any building now or hereafter located on the Land), (iii) at! hereditaments, easements, rights of way, appurtenances, riparian rights, rents, issues, profits, condemnation awards, mineral rights and witer rights now or hereafter belonging or in any way pertaining to the Land or to any of the Improvements and all the estates, rights and interests of the Grantor in the Land; (iv) al] cash funds, deposit accounts and other rights and evidence of rights of cash, now or hereafter created or held by Beneficiary pursuant to this Deed of Trust or any other of the Loan Documents (as hereinafter defined), including, w,thout lin~tation, all monies now or hereafter on deposit in the Tax and Insurance Escrow Fund and the Replacement Escrow Fund (each as hereinafter defined); (v) 111 contracts and agreements now or hereafter entered into covering any part of the Mortgaged Property (as defined below) (collectively, the "Contracts") and all revenue, income and other benefits thereof including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or the Improvements (including plans, drawings, surveys, tests, reports, bonds and governmenta; approvals) or to the management or operation of any part of the Land or the Improvements; (vi) all present and future monetary deposits given to any public or private utility with respect to -.tility services furnished to any part of the Land or the Improvements; (vii) all present ar Â· future funds, accounts, instruments, accounts receivable, documents, causes of action, daims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Land or the Improvements, 311 names by which the Land or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interests and privileges which Grantor has or may have as developer or declarant under any covenants, xestrictions or declarations now or hereafter relating to the Land or the Improvements), all architectural renderings, models, dnwings, plans, specifications, studies and data now or hereafter relating to the Land or the Improvement3, all notes or chattel paper now or hereafter arising from or by virtue of any transactions related to the Land or the Improvements, and all insurance : Lbs or binders now or hereafter relating to the Mortgaged Property, including any unearned pr,urs thereon (coNectively, the "General Intangibles'); Giii) all water taps, sewer taps, certific=res of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Land or the Improvements and all present and future warranties and guaranties relating to the Improvement, or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Land or in the Improvements; (ix) all building materials, furniture, furrjshings, equipment, supplies and all other personal property now or hereafter located in, or on, or used or intended to be used in connection with the Land or any of the Improvements and all replacements and additions thereto (excluding personal property owned by tenants occupying space in the Improvements), (x) all additions, accessions, increases, parts, fittings, accessories, replacements, substitutions, betterments, repairs and pr'oceeds to, of or for any and all of the foregoing; and (xi) any and all after-acquired interest of the Grantor in any 2 - .... -.7 74 :Câ‚¬#t. 111111111"1 mil ill'll illi lilli 111111111 lilli 1111 lili 414160 03/84/1*98 11:384 DT DAVIS SILVI 3 of 40 R 201.08 D 0.00 N 8.00 PITKIN COUNTY CO of the foregoing, including the Land (al! of the foregoing, together with the Land and the Improvements are hereinafter referred to as the "Mortgaged Property") To Have and To Hold the Mortgaged Properly unto the Trustee, its successors and assigns, forever; provided, nevertheless, that this Deed of Trust is upon the express condition that if the Crrantor shall pay to the Beneficiary u and when due and payable the principal of and interest on the Note and all other sums payable under the Note, including without limitation, any prepayment fees required pursuant to the terms of the Note and all other Indebtedness, and shall also keep and perform each and every covenant and agreement ofthe Grantor herein contained and contained in any other agreements, documents or insfruments now or hereafter evidencing, securing or otherwise relating to the indebtedness evidenced by the Note (the Note, this Deed of Trust, the Assignment of Rents, the Environmental Liabilities Agreement of even date herewith from Grantor ir favor of Beneficiary (the "Environmental AgreementÂ»), and any other agreements, documents and instruments now or hereafter evidencing, securing guarantying or otherwise relating to the indebtedness evidenced by the Note, together with any and all renewals, amendmenti extensions and modifications thereof, are herein collectively referred to as the 'loan Documents'), then this Deed of Trust and the estate hereby granted shall cease and be and become void and shall be released of record at the expense ofthe Grantor, otherwise this Deed of Trust shail be and remain in full force and effect. The Grantor represents, warrants and covenants to and with the Beneficiary that: (a) it is lawfully seized of the Land and the Improvements in fee simple and has good right and fu!.1 power and authority under all applicable provisions of law and under its organizational documents to execute this Deed of Trust ind to mortgage the Mortgaged Property; (b) the Mortgaged Property is free from ill liens, security interests and encumbrances except as listed in Exhibit B attached hereto, (c) the Grantor will warrant and defend the title to the Mortgaged Properly and the lien and priority of this Deed of Trust against all claims and demands of al! persons whomsoever, whether now existing or hereafter arising, not listed in Exhibit B; and (d) the Improvements are, or will be located entirely within the boundaries of the Land, except for such minor encroachments as are disclosed on the survey delivered to the Beneficiary; (e) no bankruptcy or insolvency proceedings are pending or contemplated by Grantor or, to the best knowledge of Grantor, against Grantor or by or against iny endorser, cosigner or Esuarantor of the Note; (0 all reports, certificates, affidavits, statements and other data furnished by Grantor to Beneficiary in connection with the Loan are true and correct in aN material respects and do not omit to state any fact or circumstance necessary to make the statements contained therein not misleading; (g) the execution, delivery and performance of this Deed of Trust, the Note and all of the other Loan Documents have been duly authorized by all necessary action to be, and are, binding and enforceable against Grantor in accordance mith the respective terms thereof and do not contravene, nsult in a breach of or constitute (upon the giving of notice or the passage of time or both) a default under the organizational documents of Grantor or any contract or agreement of any nature to which Grantor is a party or by which Grantor or any of its property may be bound and do not violate or contravene any law, order, decree, rule or regulation to which Grantor is subject; (h) the Land and the Improvements and the intended use thereof by Grantor comply in atl material respects ifth all applicable restrictive colenants, zoning ordinances, subdivision and building codes, flood disaster laws, applicable health and environmental 1aws and regulations and all other ordinances. orders or . 3 i 111111111111111111 lim lili lilli llill' 111 lilli lili lili 4141.68 83/84/1918 11:3SA OT DAVIS SILVI 4 .f 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO requirements issued by any state. federal or municipal authorities having or claiming jurisdiction over the Land or the Improvements, (i) no part of the Mortgaged Property is the subject of any pending, threatened or contemplated proceeding in the nature of condemnation or eminent domain; 0) there are no judicial administrative, mediation or arbitration actions, suits or proceedings pending or threatened against or affecting Grantor, (ind, if Grantor is a partnership, any of its general panners) or the Mortgged Property which, if adversely determined, would materially impair either the Mortgaged Propeny or Grantor's ability to perform the covenants or obligations required to be performed under the Loan Documents; (k) the Mortgaged Property is free from delinquer., water charges, sewer rents, taxes and assessments; and 0) Grantor possesses a]1 licenses, permits, franchises, patents, copyrights, trademarks and tradenames adequate for the cooduct ofit, business substantially as now conducted. The Land and Improvements constitute a wparate tax parcel for purposes of ad valorem taxation. The Land and Improvements do not , require any righis over, or restriction 3 against, other property not already in existence in order to comply with any of the aforesaid governmental ordinances, orders or requirements, The coverunts and warranties of this paragraph shall survive foredosure of this Deed of Trust and shall run with the Land. The Grantor A,rier covenants a.nd agrees as follows: ; 1. Paymenfithe_Note. The Grantor will duly and punctually pay the principal of and interest on the Note and all other sums payable under the Note in accordance with the terms of the Note, and al] other Indebtedness, when and as lue and payable. The provisions ofthe Note are hereby incorporated by reference into this Deed of Trust as fully as if,et fonh at length herein. 2. Fund for Taxes. Assessments and Insurange. (a) Simultaneously with the execution of this Deed of Trust, the Grantor shall pay to the Beneficiary an initial sum sufficient, when added to the sums described below, to pay yearly taxes anc! assessments levied against the Mortgaged Property and the annual : premiums of the insurance required by paragraphs 11(a) and 1 1(b), and the Grantor shall i also pay on the day monthly instailments of principal and interest are payable under the Note, until the Nore is paid in fuIL a sum equal to one-twele'l of the yearly taxes and assessments levied against the Mortgaged Property pius a sum equal to one-twelfth of the annual premiums of the insurance ('Insurance Premiums-) required by paragraphs 1 1(8) and 11(b), ail as estimated init ally and from time to time by the Beneficiary, to be applied by the Beneficiary lo pay said taxes, assessments and insurance premiums (such amounts being ? Â·fter referred to as the "Tax and Insurance Escrow Fund'). The Beneficiary shall i + the Tax and Insurance Escrow Fund to pay said taxeg, assessments and insuranc premiums prior to the date that penalty attaches for nonpayment or at the time such insurance premiums are due, so long as the amount of the Tax and Insurance Escrow Fund held by the Beneficiary is sufficient at that time to make such payments. The Tax h and Insurance Escrow Fund shall not be, nor be deemed to be, trust funds, and the Beneficiary shall have the right to hold the Tax and Insurance Escrow Fund in any manner the Beneficiary e!ects and may commingle the Tax and Insurance Escrow Fund with other 4 1 1 - j i Notice: 11 the film impqe is les-filgar than this notice, it is due to the quality of the doctim-- t being fil .. - . f .f + I ..I- ... - C 1 11'111 lilli lilim 111111 lili lilli lilli 111 lilli lili lili 414180 83/04/1990 11:38A DT DAVIS SILVI 5 of 40 R 281.00 0 0.00 N 0.00 PITKIN COUNTY CO moneys held by the Beneficiary. No earnings or interest on the Tax and Insurallce Escrow Fund shall be payable to the Grantor. (b) Except as otherwise provided by Colorado Revised Statutes. Section 39-1- 119, if the amount of the Tax and Insurance Escrow Fund held by the Beneficiary shall exceed at any time the amount deemed necessary by the Beneficiary to provide for the - -y:.7> . payment of taxes and assessments and insurance premiu}As, such excess shall, lt the option (112. 1 - 5â‚¬ .-r<Â· 6,- f ofthe Beneficiary, either be promptly repaid to the Grantor or be credited to the Grantor on the next monthly installment ofthe Tax and Insurance ExrOW Fund due. Ifat any time the amount of the Tax and Insurance Escrow Fund held by the Beneficiary shall be less than the amount deemed necessary by the Beneficiary to pay taxes, assessments and insurance premiums as they fall due, the Grantor shall promptly pay to the Beneficiary any amount necessary to make up the deficiency upon notice from the Bdneficiary to the Gunter requesting payment thereof. (Intentionally Omitted) 4. Reolacement Escrow Fund. The Grantor shall pay to the Beneficiary concurrently with and in addition to each monthly payment due under the Note and until the Nc:c and all other Indebtedness is fully paid, an amount equal to one-twelfth of such amount reasonably estimated by the Beneficiary to be due for replacements and capital repairs required to be made to the Mortgaged Property during each calendar year) (the Â«Replacement Escrow Fund.). Such amount shall initially be zero. At least thirty (30) days prior to the end ofcach calendar year, the Grantor shall deliver to the Beneficia.rÂ·y for the Beneficiarfs review and approval, a capital expenditure budget (the "Capital Expenditure Budget") itemizing the replacements and capital repairs which are anticipated to be made to the Mortgaged Property during the next immediately succeeding calendar year The Beneficiary may, upon notice to the Grantor, adjust the monthly amounts required to be deposited into the Renlacement Escrow Fund to a monthly amount equal to one- twelfth of the total amount specified in each approved Capital Expenditure Budget. So long as no Event of Default has occurred and is continuing, the Beneficiary shall to the extent funds are available for such purpose in the Replacement Escrow Fund, make disbursements from the Replacement Escrow Fund for (i) items specified in each approved Capital Expenditure Budget on a quarterly basis in increments of no less than 55,000 upon delivery by the Grantor of the Beneficiary's standard form of draw request accompanied by copies of invoices for the amounts requested and, if required by the Beneficiary, lien waivers and releases from at] parties furnishing materials andjor services in connection with the requested payment and (ii) reimbursement of at! out-of-pocket inspection fees incurred by the Bene6ciary. The Beneficiary may require an inspection ofthe Mortgaged Property prior to making a quarterly disbursement in order to verify completion of replacements and repairs. The Beneficiary reserves the right to make any disbursement from the Replacement Escrow Fund directly to the party furnishing materials and/or services. The Replacement Escrow Fund shall be held in an interest bearing account with the Beneficiary in accordance with the provisions of paragraph 20 of this Deed of Trust, and such J account shall bc in the Beneficiary's name or in the name o fany entity servicing the Note for the : Beneficiary. The Replacement Escrow Fund shall not constitute a trust fund and may be commingled with other monies held by the Beneficiary. All interest on the Replacement Escrow 5 J1 '' 1 ':+P '. 4. '767.1,4 .. -- ~-,43;5*48**2;i> 1111111 11111 mil '111111111 lilli lilli 11111111 lili lili 414160 03/04/1,9*8 11:38A OT DAVIS SILVI 6 of 40 R 201.00 0 0.00 M 0.08 PITKIN COUNTY CO Fund shall be and become part of such Replacement Escrow Fund and shall be credited to the Grantor as provided in paragraph 20 hereof. The Replacement Escrow Fund is solely for the protection of Beneficiary and entails no responsibility on Beneficiary's part beyond the payment of the costs and expenses described in this paragraph 4 in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. In the event that the amounts on deposit or available in the Replacement Escrow Fund are inadequate to pay the cost of the replaccments and capital repairs, Grantor shall promptly pay the amount of such deficiency. Upon assignment of this Deed of Trust by Beneficiary, any funds in the Replacement Escrow Fund shall be turned over to the assignee and any responsibility of Beneficiary, as usignor, with respect thereto shall terminate. Upon full payment of the Indebtedness in accordance with its terms or at such eartier time as Beneficiary may elect, the balance of the Replacement Escrow Fund then in Beneficiary's possession shall be paid over to Grantor and no other party shall have any right or claim thereto. 5. Reserves as Security for Indebtedness. As additional security for the payment and performance by Grantor of the Indebtedness, Grantor hereby unconditionally and irrevocably assigns, conveys, pledges, mortgages, transfers, delivers, deposits, sets over and confirms unto Beneficiary, and hereby grants to Beneficiary a security interest in, (i) the Tax and Insurance Escrow Fund and the Replacement Escrow Fund (collectively, the "Escrow Funds"), Ci) the accounts into which the Escrow Funds have been deposited, (iii) all insurance on said accoums, Ov) all accounts, contract rights and general intangibles or other rights and interests pertaining thereto, (v) all sums now or hereaRpr therein or represented thereby, (vi) all replacements, substitutions or proceeds thereof, (vii) al] instruments and documents now or hereafter evidencing the Escrow Funds or such accounts, (viii) all powers, options, rights, privileges and immunities pertaining to the Escrow Funds (including the right to make withdrawals therefrom), and (ix) all proceeds ofthe foregoing. Grantor hereby authorizes and consents to the accounts into which the Escrow Funds have been deposited being held in Beneficiary's name or the name of any entity servicing the Note for Beneficiary and hereby acknowledges and agrees that Beneficiary, or at Beneficiary's election, such servicing agent, shall have exclusive control over said accounts. GTantor hereby assumes all risk of loss with respect to amounts on deposit in the Escrow Funds. Grantor hereby knowingly, voluntarily and intentionally stipulates, acknowledges and agrees that the advancement of the funds from the Escrow Funds as set forth herein is at Grantor's direction and is not the exercise by Beneficiary of any right of set-off or other remedy upon a default. Grantor hereby waives al[ right to withdraw funds from the Escrow Funds except as provided for in this Deed of Trust. If an Event of Default shall exist, then Beneficiary may, without notice or demand on Grantor, at its option: (A) withdraw any or all of the monies (including. without limitation, interest) then remaining in the Escrow Funds and apply the same, after deducting all costs and expenses of safekeeping, collection and delivery (including, but not limited 10, reasonable attorneys' fees, costs and expenses) to the Indebtedness in such order of application as Beneficiar) shall deem appropriate (except that in the case of the Tax and Insurance Escrow Funds, the Beneficiary may apply the monies in the Tax and Insurance Escrow Fund, after deducting all of the: Beneficiary's costs and expenses of safekeeping collection and delivery, to pay taxes, assessments and insurance premiums which are then or will thereafter become due or to the Indebtedness in such order of application as Beneficiary shall deem appropriate), and the excess, if any, shall be paid to Grantor, (B) exercise any and alt rights and remedies of a secured 0 6 i l Â·- J 1. ' Notice: If the felm imacie is-l@-Fâ‚¬-Frfar than this notice,-ifisdile to the quality of the rin,Â·Â·Â·- t being filmed_ 0 0 ./ l; 111111111111 Ilill' illnl lili 11111111!11 111111111111 lili 414180 03/04/1991 11:36A DT DAVIS SILVI 7 of 40 R 201.De D 0.00 N 0.00 PITKIN COUNTY CO party under any applicable Uniform Commercial Code, or (C) exercise any other remedies available at law or in eluity. 6. PaYment of Taxes. Assessments and Other Charm. Subject to payments in the manner provided under paragraph 2 hereof and to paragraph 10 relating to contests, the Grantor shall pay, by making payment in accordance ,.vith paragraph 2 hereof before a penalty might attach for ncnpayment thereof all taxes and assessments and all other charges ('Taxes and Other 3 Charges") whatsoever levied upon or assessed or placed *glinst the Mortgaged Property, except 1 that assessments may be paid in installments so long u no fine or penalty is added to any 3 installment for the nonpayment thereof. The Grantor shall likewise pay any and att governmental levies or assessments such as maintenance charges, owner association dues or charges or fees, levies or charges resulting from covenants, conditions and restrictions affecting the Mortgaged Properly, which are assessed or imposed upon the Mortgaged PropertY or any part thereof or become due and payable, and which create, may create or appear to create a lien upon the Mongaged Propeny, or any part thereof The Grantor shall likewise pay all taxes, assessments and other charges, levied upon or assessed, placed or made against, or measured by, this Deed of Trust, or the recordation hereof, or the Indebtedness secured hereby. In the event of any , legislative action or judicial decision after the dare of this Deed of Trust, imposing upon the , Beneficiary the obligation to pay any such taxes, assessments or other charges, or deducting the : amount 5ccured by this Deed of Trust from the value of the Mortgaged Property for the purpose o f tuatidn, or c;langing in any w.y the laws now in force for the taxation o f mortgages, deeds of trust or debts secured thereby, or the manner of the operation ofany such taxes so as to affect the interests ofthe Beneficiary, then, and in such event, the Grantor shall bear and pay the full amount of such taxes, assessments or other charges. Notwithstanding the foregoing provisions of this paragraph 6, if for any reason payment by the Grantor of any such taxes, assessments or other charges would be unlawful, or if the payment thereof would render the indebtedness evidenced by the Note usurious, the BeneficiarÂ·y may declare the whole sum see. -rd by this Deed of Trust, with interest thereon, to be immediately due and payable. The Grantor shall promptly furnish to the Beneficiary all notices received by the Grantor of amounts due under this paragraph and in the event the Grantor shall make payment directly, the Grantor shall promptly furnish to the Beneficiary receipts evidencing such payments. 7. Favment of Utility Charges. Subject to paragraph 10 relating to contests, the Grantor shall pay all charges (exclusive of charges which are the obligations of tenants to pay) made by utility companies, whetherÂ· public or private, for dectricity, gas, heat, water, or sewer, furnished or used in connection with the Mortgaged Property or any part thereof, and will, upen written request of the Beneficiary, furnish proper receipts evidcncing stich payment. 8. Liens. Subject to paragraph 10 hereof relating to contests, the Grantor shall not create, incur or suffer to exist any lien, encumbrance or charge on the Mortgaged Properly or any part ther:.of which might or could be held to be equal or prior to the lien of this Deed of Trust, other than the liens set forth in Exhibit B hereto. The Grlntor shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the Mortgaged Property. 1 7 4,41 4 L. '. I Ly Ul Lâ€¢â€¢â€¢ . A-,~-,'/9 11/1/0/:U. lill ...i. - Trt *).*Ar'%49#%7-f : *IN / 3-'tÂ· -144&7*X'i#. #-2- 1 : 1 4. 4<%4*%*~*:1 -_ 1 111111111111111 11 Illill lili lilli lillil lillilli lili lili . 414160 e3/04/1998 11:369 OT DAVIS SILVI 0 .f 40 R 201.80 0 0,00 N 0.00 PITKIN COUNTY CO - 9. Comoliance with Laws. Subject to paragraph 10 relating to contests, the Grantor shall comply with all present and future statutes, laws, rules, orders, regulations and ordinances affecting the Mortgaged Property, any part thereof or the use thereof and shall comply with all covenants, conditions, and restrictions applicable to the Grantor which are contained in any document constituting a permitted encumbrance as set forth in Exhibit B hereto. i 0. Fermitted Contests. The Grantor shall not be required to (i) pay any tax, assessment or other charge referred to in paragraph 6 hereof, (ii) pay any charge referred to in paragraph 7 hereof, (iii) discharge or remove any lien, encumbrance or charge referred to in paragraph 8 hereof, or (iv) comply with any :tatute, law, rule, regulation or ordinance referred to in paragraph 9 hereof, so long as the Grantor shall (a) contest, in good faith, the existence amount or the vilidity thereof the amount of damages caused thereby or the extent of its liability Â· therefor, by appropriate proceedings which shall operate during the pendency thereof to prevent - ' ' (A) the collection of, or other realization upon the tax, assessment, charge or lien. encumbrance] t - i or charge so contestrd, (B) the sale, forfeiture or loss of the Mortgaged Property or any part thereof and (C) any interference with the use or occupancy of the Mortgaged Property or any part thereof, and (b) shall give such security to the Beneficiary (or to a court or other third party reasonably acceptable to the Beneficiary) as may be reasonably demanded by the Beneficiary to ensure payment of the amount so contested in the event that the Grantor loses such contest; it being,Â·nderstood and agreed that the Grantor shall promptly pay or cause to be paid any amount - ~ adjudged by a court of competent jurisdiction to be due, with al! interest, costs and penalties thereon, promptly after such judgment becomes final. The Grantor shall give prompt written 1 notice to the Beneficiary of the commencement of any contest referred to in this paragraph 10. 11. Insurance. (a) Hazard Insurance. Grantor, at its sole cost and expense, will keep the Mortgaged Property insured during the entire tcrm of this Ded of Trust for the mutual benefit of Grantor and Beneficiary against loss or damage by fire and against loss or ~ damage by other risks and hazards covered by a 5tandard extended coverage insurance policy and included within the classification "All Risks of Phys cal Loss" including, but not limited to, riot and civil commotion, vandalism, malicious mischieÂ£ burglary and theft. Such insurance shall be (i) in an amount equal to the greater of the then full replacement i co.qt of the Improvements and the fixtures and equipment included in the Mortgaged Property, without deduction for physical depreciation, or the outstanding amount of the , Indebtedness, and (ii) with extended coverage in amounts sufficient such that the insurer ~Â· 4 would not deem Grantor a co-insurer under said policies. The policies of insurance 6 carried in accordance with this paragraph shall be paid annually in advance and shall r contain the "Replacement Cost Endorsement" with a waiver of depreciation. 09 Other-Insurance. Grantor, at its sole cost and expense, for the mutual benefit of Grantor and Beneficiary, shall also obtain and maintain during the entire term of 1 this Deed of Trlist the following policies of insurance: , 1 3 1 I lli ll m 111111111111 l ili l i lli ll il ll ill lilli lili lil i 414180 03/04/1998 11:360 DT DAVIS SILVI g .f 40 R 201.00 0 0.00 H 0.00 PITKIN COUNTY CO (i) Flood insurance if any part of the Mortgaged Property now (or subsequently determined to bc) is located in an area identified by the Federal Emergency Management Agency u an area having special flood hazards and in 2,1 which flood insurance has been made available under the National Flood Insurance 2.= Act of 1968 (and any amendment or successor act thereto) in an amount at least equal to the outstanding principal amount of the Note or the maximum limit of coverage available with respect to the Improvements and the fiiÂ¢tures and equipment included in the Mortgaged Property under said Act. whichever is less t= . Grantor hereby agrees to pay Beneficiary all fees and costs incurred by Beneficiary j in determining, from time to time, whether the Mortgaged Property is then located within such area, unless the payment of such fees and costs is prohibited by applicable law. Oi) Comprehensive General Liability insurance, including broad form i < property damage, blanket contractual and persor. 1 injuries (including death resulting therefrom) coverages and containing minimum limits per occurrence of : $3,000,000 for the Improvements and the Land arising out of any one occurrence. Cii) Rental 1Os3 insurance in an amount equal to the aggregate annual amount of all rents and additional rents payable by all of the tenants under the leases covering or affecting the Mortgaged Property (whether or not fuch Leases are terminable in the event ofa fire or casualty), such rental los, insurance to cover rental losses for a period of at least twelve (12) months after the date of the fire or casualty in question. The amount of such rental loss insurance shall be increased from time to time during the term of this Deed of Trust as and when rent increases occur under leases previously in place covering or affecting the Mortgaged , Property and as a result of new leases covering or affecting the Mortgaged Property, and as renewal leases covering or affecting the Mortgaged Property are entered into in accordance with the terms of the Assignment of Rents, to reflect atl increased rent and increased additional rent payable by all tenants under such renewal leases and al] rent and additional rent payable by all of the tenants under such new leases. (iv) Insurance against loss or damage from (!) leakage of sprinkler systems, and (2) explosion of steam boilers, air conditioning equipment, high pressure piping, machinery anci equipment, pressure vessels or similar apparatus now or hereafter installed in the Improvements and including broad form boiler and machinery insunnce (without exclusion for explosion) covering all boilers or orhec pressure vesse]3, machinery and equipment located in, on, or about the Land and the Improvements. (v) If the Mortgaged Property includes commercial property, worker's compensation insurance with respect to any employees of Grantor, as required by any governmental authority or legal requirement. 9 . . 1 1 111111 lilli 111111 111111 lili Â®111<111 IIi Im 11; 111 G. 414166 83/04/1990 11:384% DT DAVIS SIC/: 10 of 46 R 201.00 0 0.00 N 0.08 PITKIN COUNTY CO (vi) Such other insurance as may from time to time be reasonab!.y 1.Â£ I required by Bcneficiary in Order to protect its interests. (c) Policy Provisions. 111 policies of insurance (the "Policies') required pursuant to paragraphs 11(a) 12.- 1 1(b): (i) shall contain a standard nor,contributor'y Bl//i/; mortgagee clause naming Beneficiary as the perSU.7 to which all payments mide by Fuch insurance company shall be paid, (ii) shall be maintained throughout the term of this Decd of Trust without cost to Beneficiary, (iii) shall be assigned and del,vered :L) Bendciary, (iv) shall contain such provisions U Bent;ficiary deems rea,onably necesslry or desirable to protect its inters: including, without limitation, endorsements providing that neither Grantor, Beneficiary nor any other party shall be a co-insurer under laid policies and that Bendiciary shall receive at least thirty (30) days prior written notice or, if the risk is reinsured, at least ninety (90) days prior written notice, of any modification, reduction or cancellation, (v) shall be for a term of not less than one year, (vi) shall be issued by an ~ insurer licensed in the state in which the Mongaged Property is located, (vii) shall provide that Beneficiary may, but shall not be obligated to, make premium payments to prevent i any cancellation, endorsement, alteraticn or reissuance, and such payments shall be accepted by the insÂ·urer to prevent same, (viii) shall be satisfactory in form and substance < to Beneficiary and shall be approved by Beneficiary as to arnounts, form, risk coverage, deductibles, loss payÂ·ces and insureds, and (ix) shall provide that all claims shall be f allowable on events as they occur. Upon demand therefor, Grantor shall reimburse Beneficiary for all of Beneficiarfs (or its servicefs) reasonable costs and expenses : incurred in obtaining any or all of said policies or otherwise causing the compliance with the terms and provisioni of this paragraph 11, including (without limitation) obtaining 1 updated flood hazard certificates and replacement or any so-called "forced placed" ~ insurance coverages. All policies required pursuant to paragnphs 11(a) and 11(b) shall be ~ issued by an insurer with either (a) an investment grade rating or a claims paying ability assigned by one or more credit rating agencies approved by Beneficiary,or (b) a general i policy rating of 'A' or better by one or more credit rating agencies approved by * Beneficiary and a financial class of VIn or better by A.M. Best Company, Inc. Grantor shall pay the premiums for such policies as the same become due and payable. Not later than fifteen (]55) days prior to the expiration date of any policy, Grantor will deliver to Beneficiary satisfactory evidence of the renewal of such policy. If Grantor receives from any insurer any written notification or threat of any actions or proceedings regarding the non-compliance or non-conformity of the Mortgaged Property with any insurance requirements, Grantor shall give prompt notice thereof to Beneficiary. (d) Assielment of Policies. In the event of the entry of a judgment of forecIosure, sale ofthe Mortgaged Property by non-judicial foreclosure sale, or delivery of a deed in lieu of forectosure, Beneficiary hereby is authorized (without the consent of Grantor) to assign any and all policies to the purchaser or transferte thereunder, or tO take such other stcps as Beneficiary may deem advisable to cause the interest ofsuch transferee or purchaser to be protected by any of the policies without credit or allowance 10 Grantor 1 for prepaid premiums thereon. 10 .. 111'fil lizil mil 111111 lili llill 111111 ill 111111 ill lili , .- 414160 03/04/1998 11:35A DT DAVIS SILVI it .f 44 R 201.00 D 0.80 N 0.80 PITKIN COUNTY CO (e) Notice of Damawe or Destruclion. Adiusting Loss lf the Mortgaged Property or any part thereof shdll be damaged or destroyed by fire or other casualty, the A Grantor will promptly give written notice thereof to the insurance carrier and the 3 Beneficiary, and will not adjust any damage or loss in an imount equal to or greater than an amount equal to five percent (59/0 of the criginal principal balance of the Loan unless ~ > the Beneficiary shall have joined in such adjustment; but if there has been no adjustment of any such damage or lou within four months from the date of occurrence therecf or if an p Event of Default shall exist at the end of such four-month period or at any time thereafter, the Beneficiary may alone make proof of loss, djust and compromise any claim under the policies and appear in and prosecute any action ,rising from such policies. In connection therewith, the Grantor does hereby irrevocably authorize, empower and appoint the Beneficiary as attorney-in-fact for the Grantor (which appointment is coupled with an , interest) to do any and atl of the foregoing in the name and on behalf of tht Grantor. (O Apolication of rnsurance Proceeds. All sums paid under any policy ~ required in paragraphs 11(a), 11(bXD, 11(b)(ili), 11(b)(iv) and 11(b)(vii) shall be paid directly to the Beneficiary. 1f the iggregate cost of restoration or repair of the Mortgaged Property destroyed by the casualty giving rise to such proceeds shall not (in the reasonable judgment ofthe Beneficiary) exceed an amount equal to twenty-five perceit (25%) of the ~ original principal balance of the Loan, the Beneficiary shall, upon the Grantor's request, : apply such sums (after first deducting therefrom the Beneficiary's expenses incurred in collecting the game, including reasonable attorneys' fees) to such restoration or repair (the - 'Restoration') upon satisfaction of the following conditions- (i) No Event of Default or event that, but for the passing of time or the giving of notice, or both, would be an Event of Default, shall have occurred and be ~ continuing at the time of such request. i (ii) Prior to commencing the Restoration, other than temporary work ~ to protect property or prevent interference with business, the Beneficiary shall have been fOrnished and shall have approved (A) the plans and specifications for 1 the Restoration; (B) the Grantor's choice of an architect or engineer for the 1 1 purÂ·pose of supervising the Restoration; (C) a sworn construction statement duly J executed by the Grantor, showing all costs and expenses of any kind incurred or estimated to be incurred in completing the Restoration; (D) a copy of each contract let by the Grantor relating to completion o f the Restoration: (IE) evidence 1 satisfactory to the Beneficiary that all required permits for completion of the ;1 Restoration have been cbtained. M (iii) The Grantor shall deposit with the Beneficiary the difference, if any, j between the cost of the Restoration and the amount of the insurance proceeds ~ avai'able for such purpose. (iv) The Mortgaged Property can, in Beneficiary's judgment, with , diligent restoration or repair, be returned to an economic unit not less valuable 11 . 1 7.-teâ‚¬..7 y A 'r . 111111111 1 11111111 111111 lili lilli 111111111111111111 lili 414180 03/04/1998 11:36.A DT DAVIS SILVI 12 .f 40 R 201.00 0 8.Be N 0.00 Pin(IN COUNTY CO (including an assessment of the impact of the termination of any leases c-Â·.tring or affecting the Mortgaged Property due to the casualty) and not less useful than the Mortgaged Property was prior to the casualty within the earlier to occur of (i) six months after receipt of the insurance proceeds by either Grantor or Beneficiary and (ii) the stated maturity date of the Note. (v) The Grantor shill authorize the Beneficilry to disburse such funds and such proceeds in iastallments as work progresses and to pay fees and charges of any title insurance company engaged as disbursing agent, including but not limited to fees in connection with title searches as to mechutics' liens arising in connection with the Restoration, fees of any architect or engineer engaged by the Beneficiary to review the plans and specifications for the Restoration and to make periodic inspections of the Restoration, and reasonable attorney's fees incurred by the Beneficiary in connection with the Restoration. (vi) Each request for a draw of such funds shall be limited to the total costs of Restoration actually incurred to the date ofsuch draw request, minus 10% of such costs for which a draw is requested (or such lesser holdback as the Beneficiary may require), and minus prior disbursements made by the Beneficiary to the Grantor in connection with any previous draw made in connection with the : Restoration. (vii) At the time of submission of any draw request, the Grintor shall submit to the Beneficiary a search prepared by a title insurance company acceptable to the Beneficiary, showing thal no mechanic's tiens appear of record ' with respect to the Mortgaged Property that have not been discharged ofrecord. (viii) To the extent that the cost of completing the Restoration, as ~ estimated at any time and from time to time by the Beneficiary in good faith, shall exceed the proceeds and funds then held by the Beneficiary for such Restoration the Grantor shall promptly deposit with the Beneficiary an amount equal to such excess (the "Net Proceeds Deficiency'). The Beneficiary may disburse such 1 deposited sums prior to further disbursement of iny insurance proceeds. (ix) The Grantor shall have provided to the Beneficiary such zoning letters, surveys and other documentation as the Beneficiary shall reasonably require to establish that upon completion of the Restoration the Mortgaged Property shall (i) be in compliance with all applicable zoning laws, regulations and ordinances, including, without limitation, parking requirements, and (ii) shall have access to public streets which the Beneficiary shall determine either is identical to or better i than the access to the Mortgaged Property which existed prior to the event which i necessitated the Restoration. I. all other cases, namely, in the event that the aggregate cost ofthe Restoration would (in , the reasonable judgment ofthe Beneficiary) exceed an amount equal to twenty-five percent (25%) 12 64-44 - 1111111 lilli 111111111111111111111111111111111111111 1111 414160 03/64/1988 11:3*A DT DAVIS SILVI 13 .f 40 R 201.De D e.ee M 0.80 PITKIN COUNTY CO 4/- of the original principal balance of the Loan or the Grantor does not elect to restore or repair the .g~== Mortgaged Property pursuant to the above provisions of this pirsgraph (f) or otherwise fails to meet the requiremcnts of clauses (1) through (9) above, then, in any such event, the Beneficiary .--- may, in its discretion and notwithstanding the adequacy of its security, either make such proceeds available to the Grantor for the Restoration upon the conditions and in accordince with such procedures is the Beneflciary may require, or apply the proceeds towird reduction of the Indebtedness, in $uch order of application as the Beneficiary may detennine. Any application of insurance proceeds to the principal of the Note shall not extend or postpone the due dstes of the 1 monthly installment payment due under the Note or change the amount of any such in$tallments. (g) Reimbursement of the Beneficiary's Expenses. The Gnetor shall promptly reimburse the Beneficiary upon demand for all of the Beneficiary's out-of-pocket expenses incurred in connection with the collection of the insurance procerds, including but not , limited to reasonable attorneys' fees, and atl such expenses, together with intereg from the date of disbursement at the Default Interest Rate stated in the Note, shall be additional amounts secured by this Deed of Trust. 11 Preservation and Maintenance of the Mortgaged Property. The Grantor (i) shall - keep the Improvements in safe and good repair and condition, ordinary depreciation excepted; (ii' shall, upon damage to or destruction of the Mortgaged Property or any part thereof by fire or other casualty, restore, repalr, replace or rebuild the Mortgaged Property that is damaged or destroyed to the condition it was in immediately prior to such damage or destruction, unless the . Beneficiary shall have elected to apply insurance proceeds to the reduction of the Indebtedness in I accordance *ith paragraph 11(f) above; (iii) shall constantly maintain the parldng and landscaped 1 areas of the Mortgaged Properly; Ov) shall not commit waste or permit impairment or ; deterioration of the Mortgaged Property: (v) shall not alter or permit the alteration by any tenant of the design or the structural character of any building now or hereafter erected on the Land or hereafter construct additions to existing buildings or additional buildings on the Land without the prior written consent of the Beneficiary: (vi) except as provided in paragraph 17(f), shall not remove tom the Land any of the fixtures or personal property included in the Mortgaged Property: (vii) shall obtain and maintain in (01[ force and effect, and abide by and satisfy the material terms and conditions of, all material permits, licenses, registrations and other authorizations with or granted by any governmental authorities that may be required from time to 1 time with respect to the performance of its obligations under this Deed of Trust. The Grantor shall not initiate, join in, acquiesce in. or consent to any change in any private restrictive covenant, i zoning law or otherÂ· public or private restrictions, limiting or deaning the uses which may bc made of the Mortgaged Property or any part thereof nor shall Grantor initiate, join in, or consent to any zoning change or zoning matter affecting the Mortgagd Property. If under applicable zoning provisions the use of all or any portion of the Mortgaged Property is or shall become a 1 nonconforming use, Grantor will not cause or permit such nonconforming use to be discontinued i or abandoned without the express written consent of the Beneficiary. Grantor shall not form, 1 cause to be formed, or consent to the formation of, or enter into any agreement with respect to , the formation of any municipality, special district special improvement district, local improvement district, quasi-municipal corporation, or otherÂ· political subdivision of the State of Colorado (".flunfeipal District") relating to the Mortgaged Property, without the prior written consent of ' 13 .fl,6,4 - 11>ZW.Ie 1 ~1111111111111111111111111111111111111111111111 m lili 414168 83/84/19â€¢8 11:34.A DT DAVIS SILVI 14 of 40 R 201.De 0 0.el N 1.00 PITKIN COUNTY CO Beneficiary. Grantor shall promptly provided Beneficiary with i.. -- -ire of (a) the proposed creation of any Munidpal District; or (b) any iction in respect to -9 such Municipal District ..; which nuy affect the Mortgaged Property, including without limitation, any proposed service . plan or modification of such plan, proposed orgmization of such district and election in regard to t such organization, or the proposed issuance of bonds by such district and the proposed inclusion i of the Mortgaged Property in such distriCt 13. Insoraion. The Beneficiary, or its agents, shall have the right at all reasonable times, subject to the rights of tenants, to enter upon the Mortgaged Property for the purposes of inspecting the Mortgaged Property or any part thereof The Beneficia:y shal], however, have no duty to make such inspection. 14. Emt=lign-2Â£111:.lim:Agi~x~LS=1Lci:x. Subject to the rights ofthe Grantor under - ' paragraph 11 hereof; if the Grantor fails to perform My of the covenants and agreements contained in this Deed of Trust or the other Loan Documents, or if any action or proceeding is ~ commenced which affects the Mortgaged Property or the interest of the Beneficiary therein, or the &11: thereto, then the Beneficiary, st BeneficiaÂ» option, clay perform such covenants and agreements, defend against and investigate suck action or proceeding, ind take such other action as the Beneficiary deems necessary to protect the Beneficiary's interest. The Beneficiary shall be the sole judge of the legality, validity and priority of any claim, lien, encumbrance, tax assessment, charge or premium paid by it and of the amount necessary to be paid in satisfaction ~ thereof The Beneficiary is hereby given the irrevocable power of attorney (which power is ! .6 .. . coupled with in interest and is irrevocable) to enter upon the Mortgaged Property as the Grantofs agent in the Grantor's name to perform any and all covenants and agreements to be performed by the Grantor as herein provided Any amounts or expenses disbursed or incurred by the Beneficiary pursuant lo this paragraph 14, with interest thereon, shall become additional Indebtedness of the Grantor secured by this Deed of Trust. Unless the Grantor and the Beneficiary agree in writing to other terms of repayment, such amounts shall be immediately due t and payable, and shall bear interest from the date of disbursement at the Default Interest Rate stated in the Note. The Beneficiary shall, at its option, be subrogated to the lien ofany mortgage or other lien discharged in whole or in part by the Indebtedness or by the Beneflciary under the provisions hereof, and any such subrogation rights shall be additional and cumulative security for this Deed of Trust. Nothing contained in this paragraph 14 shall require the Beneficiary to incur ~ any expense or do any act hera:nder, and the Beneficiary shall not be liable to the Grantor for any damages or claims arising out of action taken by the Beneficiary pursuant to this paragraph 14. 15. Condemnation. (a) The Grantor hereby irrevocably assigns to the Beneficiary any award or payment which becomes payable by reason of any taking of the Mortgaged Property, or any part thereof whether directly or indirectly or temporarily or permanently, in or by : condemnation or other eminent domain proceedings (hereinafter called laking") Forthwith upon receipt by the Grantor -of notice of the institution of any proceeding or negotiations for a Taking, the Grantor shall give notice thereof to the Beneficiary. The Beneficiary may appear in any such proceedings and participate in any such negotiations e I4 1111111 lilli 111111 1111111111 lilli 111111 Ill 111111 Ill lili 41411â€ž0 03/04/1018 11:360 OT DAVIS SILVI 15 0 40 R 20 1.08 0 0.00 N 0.00 PITKIN COINTY CO and may te represented by counsel. The Grantor, notwithstanding that the Beneficiary may not be a party to any such proceeding, will promptly give to the Beneficiary copies of al all notices, pleadings, judgments, determinations and other papers received by the Grantor 1'6:f' therein. The Grantor will not enter into any agreement permitting or consenting to the ~0 taking of the Mortgaged Property, or any part thereof, or providing for the conveyance thereof in lieu of condemnation, with anyone authorized to acquire the same in condemnation or by eminent domain unless the Benenciary shall first have consented thereto in writing. (b) In the event that On the reasonable judgment of the Bencficiary) less than l twenry-five percent (25%) of the Land is subject to any Taking, and if such Land which is the subject to the Taking is located along the perimeter or periphery of the Land and o portion of the Improvements is located thereon, and if such Taking does not materially impair access to the Land and Improvements, then all awards payable as & result of any such Taking shall be paid to the Beneficiary, and thereupon the Beneficiary shall, upon Grantor's request, apply any Taking award (after first deducting the Beneficiary's expenses incurred in the collection thereof including reuonable attorneys' fees) to the Restoration of such Improvements, in the same manner and subject to tbe Game conditions under which sums paid under any insurance policies shall be applied to Restontion pursuant to paragraph 11(f) of this Deed of Trust. j (c) In all other cases, namely in the event that (in the reasonable judgment of the Beneficiary) the Grantor does not elect to conduct any Restoration pursuant to ~ paragraph 15(b) hereÂ©f or otherwise fails to meet the requirements of pangraph 15(b), then, in any such events, all awards payable as a result of any such Taking shall be paid to the Bendiciary, which may, at its option, apply them, after first deducting the Beneficiary's expenses incurred in the collection thereof, including reasonable attorneys' fees, to the payment of the Indebtedness, whether or not due and in such order of application as the Beneficiary may determine, or to the Restoration of the Mortgaged Property, in such manner as the Beneficiar'y may determine. Any application of Taking awards to principal of the Note sha[1 not extend or postpone the due dates ofthe monthly installments payable under the Note or change the amount of such installments, The Grantor shall promp:ly reimburse the Beneficiary upon demand for al] of the Bencficiarfs expenses (including reasonable attomeÂ» fees) incurred in the collection of awards and their disbursement in accordance with this paragraph, and all such expenses, together with interest from the date of disbursement at the Default Interest Rate stated in the Note shall be additional amounts secured by this Deed of Trust. 16. Books and Records: Financial Statements and Other Information. (a) Grantor will ~ keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries shall be promptly made with respect to the Mortgaged Property and the operation thereof, and will permit all such books and records (including, without limitation, all contracts, statements, invoices, bills and claims for tabor, materials and services supplied for the construction, repair or operation of the Improvements) to be inspected or audited and copies made by Beneficiary and its representatives during normal business hours and at any other I. 1 - I\11%11% illill """111\1 8% lijallill Ilillilll lili . P 414160 03/04/19#8 11:380 OT DAVIS SILVI 17 .f 40 R 201.,0 0 0.00 W 0.60 PITKIN COUNTY CO or liability by Beneficiary to Grantor or anyone else with regard to the condition. construction, maintenance or operation of the Mortgaged Property, nor Beneficiary's approval of any certifcation given to Beneficiary nor relieve Charttor of any of Grantoes obligations. 17. Transfrr or Further Encumbrance of the Mortgaged Property. (a) Grantor acknowledges that Beneficiuy has examined and relied on the creditworthiness and experience of Grantor in owning and operating properties such as the Mortgaged Property in agreeing to make the Loan secured hereby, and that Beneficiary will continue to rely on Grantor's ownership of the Mortgaged Property u i means of maintaining the value of the Mortgaged Property as security for repayment of the Indebtedness. Grantor acknowledges that Beneficiary has a valid interest in maintaining the value of the Mortgaged Property 50 as to ensure that, should Grinttr default in the ' repayment of the Indebtedness, Beneficiary can recover the Indebtedness by a sale of the Mortgaged Property. Grantor shall not, without the prior written consent of Beneficiary, sell, convey, alienate, mortgage, encumber, pledge or otherwise transfer the Mortgaged Property or any part thereof, or permit the Mortgaged Property or any part thereof to be sold, conveyed, alienated, mortgaged, encumbered, pledged or otherwise transferred; provided, however, Bcneficia:y may, in its sole discretion, give such written consent (but shall have no obligation to do so) to a one-time sale, conveyance or other transfer of the Mortgaged Property by the original Grantor, and any such consent may be conditioned upon the satisfaction of such conditions precedent as Beneficiary may require (including, without limitation, the conditions precedent set forth in paragraph 17(c) below). (b) A sale. conveyance, alienation, mortgage, encumbrance, pledge or transfer of the Mortgaged Property or any part thereof within the meaning of this paragraph 17 shall not include transfers made by devise or descent or by operation of law upon the death of a joint tenant, partner or shareholder or otherwise by operation of law in the event of a bankruptcy, but shall be deemed to include (i) an instaliment sales agreement wherein Grantor agrees to sell the Mongaged Property or any part thereof for a price to be paid in installments. (ii) an agreement by Grantor leasing at! or a substantial part of the Mortgaged Property for other than actual occupancy by a $pace tenant thereunder or a sale, assignment or other transfer of, or the grant of a security interest in, Grantor's right, title and interest in and to any leases covering or affecting the Mortgaged Property or any rents arising therefrom; (iii) if Grantor, any Principal (defined below) or any general partner of Grantor or any Principal is a corporation, any merger, consolidation or the voluntary or involuntary sale, conveyance or transfer of such corporation's stock (or the stock of any corporation directly or indirectly controlling such corporation by operation of law or otherwise) or the creation or issuance of new stock in one or a series of transactions by which an aggregate of more than 10% of such corporation's stock shall be vested in 1 party or parties who are not now stockholders (provided, however, in no event shall this subparl (iii) apply to any Principal whose stock or shares are traded on a nationally recognized stock exch,nge). (iv) if Grantor, any Principal, or any general partner of Grantor or any Principal is a limited liability company or limited partnership, the voluntary or involuntary sale, conveyance or transfer by which an aggregate of more than 17 I ju\\\ mi mil ilim "111 u \\1 mil m ulul 111 lim 414160 03/04/1998 11:16A DT DAVIS SILYI 15 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNT'f CO reasonable times. Grantor represents that its chief executive office is as set forth in the introductory paragraph of this Deed of Trust and that all books and records pertaining to the Mongaged Property are maintained at such location. Grantor will furnish, or cause to be furnished, to Beneficiary within thirty (30) days of the end of each calendar month (and, once the Loan has become part of a pool of loans as contemplated by Paragraph 36(c) hereof, within forty- five (45) days after March 31, June 30, September 30 and December 31 of each calendar year) the following items, each certified by Grantor as being true and correct: (a) a written statement (rent roll) dated as of the last day of each such calendar month (or, if and when applicable, such calendar quarter) identifying each of the leases covering or affecting the Mortgaged Property by the term, space occupied, rental required to be paid, security deposit paid, any rental concessiou, and identif>ing any defaults or payment delinquencies thereunder, (b) monthly (or, if and when applicable quarterly) and year to date operating statements prepared for each calendar month (or, if lod when applicable, each calendar quarter) during each such reporting period; (c) a balance sheet for each such reporting period; and (d) a comparison ofthe budgeted income and expenses and the actual income and expenses for each reporting period and year to date, together with a detailed explanation of any variances between bi.dgeted and actual amounts that are greater than (i) 52,000, or (ii) five percent (5%) or more for each line item therein. Within ninety (90) days following the end of each calendar year, Grantor shall furnish to Beneficiary unaudited financial statements, including a balance sheet and an income statement, for the Grantor for such calendar year. Grantor shall deliver to Beneficiary copies of atl income tax returns, requests for extension and other similar items within thirty (30) days after its delivery of same to the Internal Revenue Se,vice. On or before November 30 of each calendar year, Grantor shall deliver to Beneficiary the Capital Expenditure Budget (defined in paragraph 4), an itemized operating budget of the Mortgaged Property and a management plan for the Mortgaged Property for the next succeeding calendar year, each in such detail as Beneficiary may reasonably request. Grantor shall pay a late charge equal to two percent (2%) of the monthly payment amount for each late submission of financial reports. Failure to provide quarterly or annual reports shall constitute an Event of Default under paragraph 22. At any time and from time to time Grantor shall deliver to Beneficiary or its agents such other financial data as Grantor prepares for its own use and which Beneficiary or its agents shall request with respect to the ownership, maintenance, use and operation of the Mortgaged Property, including, but not limited to, schedules of gross sales for percentage rents under leases covering or affecting the Mortgaged Property. Grantor will permit representatives appointed by Beneficiary, including independent accountants, agents, attorneys, appraisers and any other persons, to visit and inspect during its normal business hours and at any other reasonable times any of the Mortgaged Property and to make photographs thereof, and to write down and record any information such representatives obtain, and shall permit Beneficiary or its representatives to investigate and verify the accuracy of the information furnished to Beneficiary under or in connection with this Deed of Trust or any of the other Loan Documents and to discuss all such matters with its officers, employees and representatives. Grantor will furnish to Beneficiary at Grantor's expense al! evidence which Beneficiary may from time to time reasonably request as to the accuracy and validity of or compliance with all representations and warranties made by Grantor in the Loan Documents and satisfaction of all conditions contained therein. Any inspection or audit of the Mortgaged Property or the books and records of Grantor, or the procuring of documents and financial and other information, by or on behalf of Beneficiary, shall be for Beneficiary's protection only, and shall not constitute any assumption of responsibility 16 ' cÂ· 4241,4-44:Â¢4Â·, 0Â·Â· ,Â·22-,ilÂ· t..1 Â·~ 11~ - ,*.rc.2.4. 111111111111111111111111 lili 111111111111111111!1111 lili 1 414160 03/04/1995 11:38A DT DAVIS SILVI 18 .f 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO fifty percent (50%) of the ownership interest in such limited liability company or more than Mly percent (509 of the limited partnership interests in such limited partnership shall be vested in parties not having an ownership interest as of the date of this Deed of Trust; and (v) if Grantor, any Principal or any general partner of Grantor or any Principal is a limited or general partnership or joint venture, the change, removal or resignation of a general partner, managing partner or joint venturer or the transfer of all or any portion of the partnership interest of any general partner, managing partner or joint venturer. For purposes of this Deed of'Trust, the term "Principal" means Anthony J. Mana. (c) Notwithstanding the provisions of subparagraphs 17(a) and (b) above, Beneficiary will give its consent to a one time sate or transfer of Mortgaged Properly, provided that no Event of Default under the Loan Documents has occurred and is continuing and (i) the grantee's or transferee' s integrity, reputation. character and management ability are satisfactory to Beneficiary in its sole discretion, (ii) if the original principal amount of the Loan is 35,000,000 or more, the grantee's or transferee's (and its sole general partner's) single purpose and bankruptcy remote character are satisfactory to Beneficiary in its sole discretion, (iii) and any conditions relating to the sale or transfer imposed by any national rating agency for the Certificates (as defined in Section 35) are satisfied, (iv) Beneficiary has obtained such estoppels from any guarantors of the Note or replacement guarantors and such other legal opinions, certificates and similar matters as Beneficiary may require, (v) all ofBeneficiaryN costs and expenses associated with the sale or transfer (including reasonable attorneys' fees) are paid by Grantor or the grantee or transferee, (vi) the payment of 3 transfer fee not to exceed 1 % of the outstanding principal balance of the loan evidenced by the Note and secured hereby (the "Loan"), (vii) the grantee's execution of a written assumption agreement and such modification to the Loan Documents containing such terms as Beneficiary may require and delivery of such agreement to Beneficiary prior to such sale or transfer (provided that in the event the Loan is included in a REMIC and is a performing Loan, no modification to the terms and conditions shall be made or permitted that would cause (A) any adverse tax consequences to the REMIC or any holders of any Certificates, (B) this Deed of Trust to fail to be a Qualifying Mortgage under applicable federal law relating to REMICs, or (C) result in a taxation of the income from the Loan to the REMIC or cause a loss of REMIC status), and (viii) the delivery to Beneficiary of an endorsement (al Grantor's sold cost and expense) to the mortgagee policy of title insurance then insuring the lien created by this Ded of Trust in form and substance acceptable to Beneficiary in its sole judgment. Without limiting the foregoing, if Beneficiary shall consent to any such transfer, the written assumption agreement described in subparagraph 17(c)(vii) above shall provide for the release of Grantor of personal liability under the Note and other Loan Documents solely as to acts or events occurring, or obligations arising, after the closing of such sale, provided, however, in no event shall such sale operate to: (x) relieve Grantor of any personal liability under the Note or any of the other Loan documents for any acts or events occurring, or obligations arising, prior to or simultaneously with the closing of such sale, and Grantor shall execute, without any cost or expense to Beneficiary, such documents and agreements as Beneficiary shall reasonabl~ require to evidence and effectuate the ratification of such personal liability; or (y) relieve any current guarantor or l 8 i mm mi tilill ME 1111 nal uilil iti mil IN 1111 . 414106 53/54/10,8 11:36A DT DAVIS SILVI 4 46 4 . ~Â· Â·~ * ~ 440.Â·:9'.'-it.r: 9 :Â·Â·+ 19 *f 48 R 201.De D 0.05 M 0.00 PITKIN COUNTY CO indemnitor, inc[uding Grantor, of its obligations under any guaranty or indemnity agreement executed in connection with the loan secured hereby Oncluding, without lirritation, the Environmental Liabilities Agreement of even date herewith (the "Environmental Agreement")), and each such current guarantor and indemnitor shall execute, without any cost or expense to Beneficiary, such documents and agreements as Beneficiary shall reasonably require to evidence and effectuate the ratification of each such guaranty and indemnity agreement. Notwithstanding 60 preceding. if the proposed transferee and a party associated with the proposed transferee (the "Substitute Guarantor') (1) is approved by Beneficiary in its sole discretion (inclur'ing a determination that the proposed transferee and Substitute Guarantor have adequate financial resourcei). (2) assumes the obligations of the current guarantor or indemnitor under its guaramy cr indemnity agreement, and (3) executes, without any cost or expense to Beneficiary, a ne* guaranty and/or indemdty agreement as applicable, in form ind mbstance satisfactory Lo Beneficiary, then Beneficiary may release the current guarantor or indemnitor from all obligations arising under its guaranty or indemnity agreement after the closing of such sale. (d) Beneficiary may predicate its decision to grant or withhold consent to any subsequent one-time sale, conveyance or other transfer of the Mortgaged Property by the original Grantor upon the Satisfaction {in the sok determination of Beneficiary) with such conditions as may be imposed by Beneficiary, which may include, but shall not be limited to, the following matters: (i) the delivery to Beneficiary of an endorsement (at Grantofs sole cost and expense) to the mortgagee policy of title iÂ·,surance then insuring the lien created by this Deed of Trust in a form and substance acceptable to Beneficiary, in its sole ,discretion, (ii) the transferee's integrity, reputation, character. creditworthiness and management ability being satisfactory to B eneficialy in its sole judgment; (iii) if the original principal amount of the Loan is 35,000,000 or more, the transferees single purpose and bankruptcy remote character being satisfactory to Beneficiary in its sole judgment; (iv) the transferee executing (prior to such sale or transfer) a written assumption agreement containing such terms as Beneficiary may require; (v) subject to any restrictions described in subparagraph 17(c) above relating to the Loan being included in a REMIC, an adjustment in the term of the Note, a principal paydown on the Note or an increase in the rate of interest payable on the Note; (vi) payment by Grantor of a trznsfer and assumption fee equal to one percent (1%) of the then unpaid principal balance of the Note; (vii) payment by Grantor of the expenses described in subparagraph 17(0 below; and (viii) the satisfaction of any conditions imposed by any national rating agency for Certificates (as defined in paragraph 35(c)), together with such modifications of the Loan Documents and such legal opinions, certifications and similar nuiters that Beneficiary may require. Beneficiary agrees not to unreasonably withhold its consent to a one-time sale or transfer of the Mortgaged Property by the original Grantor upon the satisfaction (in the sole determination of Beneficiary) of the conditions to its consent as set forth herein; provided, however, in any event Beneficiary shall be deemed to be reasonable in withholding its consent if a sale to the proposed transferee receives unfavorable comment from a national rating agency for Certificates. Beneficiary shall not be required to demonstrate any actual impairment of its security or any increased risk of default 19 0,,*,2.Â·A,/,i .-'Â·iÂ· 0 -4 - ...LAkh-. r . f. L :. r-f, 969:0: f t.2 /1 14 1 11111111111111111 111111 lili lilli ll 1111 Ill H1111111 lili Li 4141;0 03/04/1998 11JIA DT DAVIS SILVI 20 â€¢f 40 R 201.00 0 0.00 M 0.00 PITKIN COUNTY CO hereunder in order to declare the Indebtedness immediately due and payable upon any A j -..: ,/'.. 1 & sale, conveyance, alienation, mortgage, encumbrance, pledge or transfer by Grantor of the Mortgaged Property without Beneficiarys consent. The provisions of this paragraph 17 shall apply to every sale, conveyance, alienation, mortgage, encumbrance, pledge or $ transfer of the Mortgaged Property regardless of whether voluntary or not, or whether or not Beneficiary has consented to any previous gale, conveyance, alienation, mortgage, encumbrance, pledge or transfer of the Mortgaged Property. In no event shall any of the terms and provisions of this paragraph 17 Rmend or modifi' the terms and provisions contained in paragraph 19 ofthe Mortgage. (e) Any sale, conveyance, alienation, mortgage, encumbrance, pledge or transfer of the Mortgaged Property made in contravention of this paragraph 17 shall bc null and void and of no force and effect. - : (f) Grantor agrees to bear and shall pay or reimburse Beneficiary on demand for all reasonable expenses (including, without limitation, reasonable attorney's fees and disbursements and title search costs) incurred by Beneficiary in connection with the review, approval and documentation of any proposed one time sale, conveyance or transfer. (g) Notwithstanding the foregoing provisions of this paragraph 17, the Grantor 0) may enter into new leases ofall or any part of the Mortgaged Property or alter, modify or change leases of all or any part of the Mortgaged Property in accordance with the provisions of the Assignment of Rents, and (ii) may sell or otherwise transfer or dispose of any fixtures or personal property included in the Mortgaged Property if the same is immediately replaced with property of at least equal value and utility and this Deed of Trust becomes a valid first lien on such property. (h) Without limiting the generality of the foregoing provisions of this ~ paragraph 17, the Grantor shall not create or permit to be created or to remain any additional lien on the Mortgaged Property or any part thereof, whether or not subordinate to the lien hereof, to secure any indebtedness for borrowed money. The Grantor acknowledges that any secondary financing placed upon the Mortgaged Property (i) may divert funds that would otherwise be used to pay the Indebtedness secured hereby; (ii) could result in acceleraticn and foreclosure by any such junior encumbrancer that would force the Beneficiary to take measures and incur expenses to protect its security; and (iii) would impair the Beneficiary's ability to accept 3 deed in lieu of foreclosure from the i Grantor inasmuch as foreclosure by the Beneficiary may be necessary to clear the title to the Mortgaged Property. 18. Manattement. The management of the Mortgaged Property shall be by either: (a) Grantor or an entity affiliated with Grantor approved by Beneficiary for so long as Grantor or said affiliated entity is managing the Mortgaged Property in a first class manner; or (b) a professional , property management company approved in writing by Beneficiary. Such management by an affiliated entity or a professional property management company shall be pursuant to a written 20 f .. d'... I.- :2 7.-' ~, r'r:.77 -/1.1... -- . 1111111111111211!11111# ilil mil 111111 111111111111 lili ~ 414160 03/04/1998 11:384 OT DAVIS SILVI 21 .f 40 R 201.00 D 0.00 2 6,68 PIn(IN COUNTY CO agreement approved by Beneficiary. In no event shall any manager be removed or replaced or the $ terms of any management agreement modified or amended without the prior written consent of Beneficiary. If an Event of Default shall occur and be continuing or a default shall occur under r. :.r.n.1,4 4. 1 . /. Â· 47+Â· '45' -.* any management contract then in effect, which default i, not cured within any applicable grace or ~ cure period, Beneficiary shall have the right to terminate, or to direct Grantor to terminate, such management contract upon thirry (30) days' notice and to retain, or to direct Grantor to retain, a new management agent approved by B cneficiary. 19. Covenants with ReSDed to Indebtedness. Operations. Fundamental Changes of ba12[Â· (a) Grantor hereby represents, warrants and covenants as of the date hereof and until such time as the Indebtedness secured hereby is paid in full, that: 0) Grantor preserve and keep in full force and effect its existence, good standing and qualification to do business in the etate in vhich the Mortgaged Property is located, (ii) Grantor will vot enter into any transaction of merger or consolidation, or liquidate or dissolve (cr suffer iny liquidation or dissolution), or acquire by purchase or otherwise all or substantially all the business or assets of, or any stock partnership interest or other evidence of beneficial ownership of any entity; Oii) Grantor does not own and will not own any encumbered asset other than (A) the Mortgaged Property, and (B) incidental personal property necessary for the ownership or operation of the Mortgaged Property; (iv) Grantor is not engaged and will not engage, either directly or indirectly, in any business other than the ownership, management and operation of the Mortgaged Property; (v) Grant or wil[ not enter into any contract or agreement with any Principal or any party which is directly or indirectly controlling, controlled by or under common control with the Grantor or any Principal (an -AffiliateD, except upon terms and cond;ions that are intrinically fair and substantially similar to those that would be available on an arms-length basis with third parties other than 4 any Principal or Affiliate; (vi) Grantor has not incurred and will not incur any debt, secured or unsecured, direct or contingent (including guaranteeing any obligation). other than (A) the Indebtedness secured hereby, and (B) trade and operational debt incurred i in the ordinary course of business of operating the Mortgaged Property; 1 21 . i .A L. . *t 7 .. â‚¬, Â· ...p- 4 41 ' 6 1 111#11!#1111111 1111111111 Wil lilill W 1111111 # lili 414150 03/04/1998 11:384 DT DAVIS SILVI 22 Of 40 R 201.00 0 0.00 N 0.00 p ITKIN ColÂ»ITY CO (vii) Grantor has not made and will not make any loans or advances to any third party, nor to any Principal, any Affiliate or any constituent party of the 3 . Grantor; (viii) Grantor is and will remain solvent and will pay its debts from its r .1 assets as the same shall become due: (ix) Grantor has done or caused to be done and wil] do all things necessary to preserve its existence, and will not, nor will Grantor permit any Principal to, amend, modify or otherwise change Grantor's organizational documenti, in a manner which would adversely affect Grantofs existence as a single-purpose entity, 00 Grantor wi!! conduct and operate its business as presently conducted and operated; (xi) Grantor will maintain books and records and bank accounts separate from those of any Principal, any Affiliate and any constituent party of the Grantor; Ixii) Grantor will be, and at al! times wi!1 holditselfout to the public as, a legal entity separate and distinct from any other person or entity (including any Principal, any Affiliate or any constituent party of the Grantor, (xiii) Grantor will file its own tax returns; Ixiv) Grantor will maintain adequate capital for the normal obligations reasonably foreseeable in a business of its size and character and in light of its r contemplated business operations; h (xv) Neither Grantor nor any constituent partÂ·y of Grantor will seek the dissolution or winding up, in whole or in part, of Grantor; f (xvi) Grantor will not commingle the funds and other assets of Grantor with those of any Principal, any Affiliate, any constituent party of Grantor or any other person; (xvii) Grantor will use the proceeds of the Loan for business purposes , only, and not for personal, household or consumer use; (xviii) Grantor has and will maimain its assets in such a manner that it is not costly or lifficult to segregate, ascertain or identify its individual assets from i those of any Principal, any Affiliate, any constituent party o f Grantor or any other person; and . 22 12(3~42-/ 4**4 ' 7.2-~~Â·AaM.tl= li.AÂ¥,# ,/: /'' .-' .. - 5 11111111111111111 Illtil lili 11111111111111111111111 lili ~ 41418.0 83/04/1998 11:38A DT DAVIS SILVI 23 ./ 40 R 201.00 0 0.06 N 0,60 PITKIN COUNTY CO (xix) Grantor does not and will not hold itself out to be responsible for the debts or obligations of any other person (provided, that the foregoing shall not prevent Grantor from be;ng and holding itself responsible for expenses incurred or obligations undertaken by the property manager of the Mortgaged Property in respect of its duties regarding the Mortgaged Property). (b) The additional covenants, agreements and provisions set forth in Exhibit C attached hereto, if any, shall be a part of this Deed of Trust and shall in the event of any conflict between such further stipulations and any of the other provisions of this Deed of Trust, be deemed to control. M 20. Interest Pavable by Beneficiary on the Replacement Escrow Fund. Beneficiary shall cause funds in the Replacement Escrow Fund to be deposited into an fhterest bearing , account of the type customarily maintained by Beneficiary or its servicing agent for the investment of similar reserves, which accounts may not yield the highest interest rate then available, Interest payable on such amounts shall be computed based on the daily OUbtanding balance in the Replacement Escrow Fund. Such interest shall be calculated on a simple, non-compounded interest basis based solely on contributions made to the Replacement Escrow Fund by Grantor. All interest earned on amounts contributed to the Replacement Escrow Fund shall be retained by Beneficiary and accumulated for the benefit of Grantor and added to the balance in the Replacement Escrow Fund and shall be disbursed for payment ofthe items for which the funds in the Replacement Escrow Fund are to be disbursed. 2]. Security Interest. This Deed of Trust shall constitute a security agreement with respect to (and the Grantor hereby grants the Beneficiary a security interest in) all personal property and fixtures included in the Mortgaged Property as more specifically described in paragraphs (ii). (iv), (v), (vi), (vii), (viii), (ix), (x) and (xi) of the granting clause above. The Grantor will from time to time, at the request of the Beneficiary, execute any and all financing statements covering such personal property and fixtures (in a form satisfactory to the Beneficiary) which the Beneficiary may reasonably consider necessary or appropriate to perfect its security interest. 22. Events of Default, Each of the following occurrences shall constitute an event of default hcrcunder (herein called an "Event of Default") (a) Grantor fails to punctually pei-orm any covenant, agreement, obligation, term or condition hereof which requires pays ent of any money to Beneficiary or Grantor fails to punctually perform any obligation to pay money under the Note, and any such failure shall continue unremedied for five (5) calendar days. (b) Grantor fails to provide insurance as required by paragraph ] 1 hereof or N fails to perform any covenant, agreement, obligation, term or condition set forth in paragraphs 6, 13, 18 and 19 hereof. 23 1 - / ' 1.i C 4 '' ' .: ." r J.... I 111#j Ill# 1!1111 lill# 1111 Illil 1!lill Ill 11111111 lili 4141â€¢0 23/04/1990 11:36A DT DAVIS SILVI 24 of 40 R 201.80 0 0.00 N O.ee FITKIN COUNTY CO (c) Grantor fails to perform any other covenant, agreement, obligation, term or condition set forth herein (other than a coverunt or agreement or default in which is elsewhere in this paragraph 22 specifically dealt with) and, to the extent such failure or default is susceptible of being cured, the continuance of such failure or default for thirty (30) days after written notice thereof from Beneficiary to Grantor, provided, however, that if such default is susceptible of cure but such cure cannot be accomplished with reasonable diligence within said period of ti:ne, and if Grantor commences to cure such default promptly after receipt of notice thereof ftom Beneficiary, and thereafter prosecutes the curing of such default with reasonable diligence, such period of time shall be extended for such period of time as may be necessary to cure such default with reasonable diligence, but not to exceed an additional ninety (90) days. (d) Any representation or warranty made herein, in or in connection with any application or commitment relating to the Loan, in any certificate, instrument or statement ~ made or delivered pursuant to or in connection herewith, or in any of the other Loan 2 Documents to Beneficiary by Grantor, by any Principal or by any indemnitor or guarantor under any indemnity or guaranty executed in connection with the Loan, is determined by Beneficiary to have been false or misleading in any material respect at the time made. - (e) There shall be a sale, conveyance, alienation, mortgage, encumbrance, pledge or other transfer of the Mortgaged Property or any portion thereof in violation of paragraph 1 7 hereof. (f) There shall be a default or breach on the part of Grantor of any of the 1 obligations, covenants or agreements of Grantor under any of the other Loan Documents which has not Been cured within any applicable grace or cure period therein provided. (g) Grantor, any Principal or any indemnitor or guarantor under any indemnity or guaranty executed in connection with the Loan becomes insolvent, or shal] make a transkr in fraud of creditors, er shaN make an assignment for the benefit of creditors, or shall file a petition in bankruptcy, or shall voluntarily be adjudicated insolvent or bankrupt ~ or shall admit in writing the inability to pay debts as they mature, or shall petition or apply to any tribunal for or shall consent to or shall cot contest the appointment of a receiver, t trustee, custodian or similarr officer for Grantor, for any such Principal or for any such i indemnitor or g'uarantor or for a substantial part of the assets of Grantor, of any such Principal or of any such indemnitor or guarantor, or shall commence iny case, proceeding 1 or other action under any bankruptcy, reorganization, arrangement. readjustment or debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in i j effect. (h) A petition is filed cr any case, proceeding or other action is commenced against Grantor, against any Principal or against any indemnitor or guarantor under any indemnity or guaranty executed in connection with the Loan seeking to have an order for i relief entered against it as debtor or seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts or other relief under any law 24 41, .. 1 illill 11#i llilll lilill lili lilli 1!11!1 111111111111 lili 414110 03/04/19*1 11:31A Dr DAVIS SILVI 25 .f 40 R 201.00 D 0.00 N e.00 PITKIN COUNTY CO relating to bankluptcy, insolvency, arrangement reorganization, receivership or other debtor relief under any law or statute of any jurisdiction, whether now or hereafter in effect, or a court of competeut jurisdiction enters an order for relief against Grantor, against any Principal or against any indemnitor or guarantor under any indemnity or guaranty executed in connection with the Loan secured hereby as debtor, or an order, judgment or decree is entered appointing, with or without the consent of Grant or, of any such Principal or of any such indemnitor or guarantor, a receiver, trustee, custodian or similar officer for Grantor, for any such Principal or for any such indemnitor or guarantor, or for any substantial part of any of'the properties of Grantor, of any such Principal or of any such indemnitor or guarantor, and if any such event shall occur, such petition, case, proceeding, action, order, judgment or decree shall not be dismissed within sixty (60) days after being commenced. (i) The Mortgaged Property or any part thereof shall be taken on execution or other process of law in any action against Grantor. 0) Grantor abandons all or a portion of the Land or the Improvements. (10 The holder of any lien or security interest on the Mortgaged Property or portion thereof (without implying the consent of Beneficiary to the existence or creation 1 2 , of any such lien or security interest), whether superior or subordinate to this Deed of Trust 1 -C or any of the other Loan Documents, declares a default and such default is not cured j within any applicable grace or cure period set forth in the applicable document or such i holder institutes foreclosÂ·t.Lrc or other proctÂ·.dings for the enforcement of its remedies thereunder. 0) Any dissolution, termination, partial or complete liquidation, merger or * consolidation of Grantor or any of its Principals. 1 I (m) Judgments or orders for the payment of money (other than such judgments or orders in respect of which adequate insurance is maintained for the payment thereof) against the Grantor in an aggregate amount in excess of $100,000 shall r. main unpaid, 1 unstayed on appeal, undischarged, unbonded or undismissed for a period of sixty (60) days or more. 1 (n) Seizure or forfeiture of the Mortgaged Property, or any portion thereof, or Grantofs interest therein, resulting from criminal wrongdoing or other unlawful action of Grantor, any Principal or any Affiliate under any federal state or local law. i 23. Remedies. Upon the occurrence of any Event of Default. Gramor agrees that the Beneficiary may take such action, without notice or demand, as it deems advisable to protect and enforce its rights against Grantor and in and to the Mortgaged Property, including, bat not limited to, the following actions, each of which may be pursued concurrently or otherwise, at such time i~ and in such order as the Beneficiary may determine, in its sole discretion, without impairing or 1 otherwise affecting the other rights and remedies of the Beneficiary: # I 25 I' 4.' .7.~t:--CC :J'.OLI; .,,I.A,gÂ¥4-4 mt.3 â€¢â‚¬YGIR â€¢bt 42 .. l ililll Ill" 111111 #1111 lili lilll 111!11 111111111111 lili 414180 03/04/1998 11:36A 07 DAVIS SILVI 28 of 40 R 201.00 9 0.00 N 0.00 PITKIN COUNTY CO (a) declare the entire unpaid Indebtedness to be immediately due and payable: (b) with or without entry, to the extent permitted and pursuant to the procedures provided by applicable law, request the Trustee to institute proceedings for the partial foreclosure of this Deed of Trust for the portion of the Indebtedness then due and payable, subject to the continuing lien and security interest of this Mortgage for the balance ofthe Indebtedness not then due, unimpaired and without loss of priority; (c) request the Trustee to sell for cash the Mortgaged Property or any part thereof and all esfate, claim, demand, right, title and interest of Grantor therein and rights of redemption thereof, pursuant to power of sale or otherwise, at one or more sales, in one or more parccls, at such time and place, upon such terms and after such notice thereof as may be required or permitted by law; (d) subject to the exculpation provisions ofthe Note, institute an action, suit or proceeding in equity for the specific performance of any covenant, condition or agreement contained herein, in the Note or in the other Loan Documents, (e) subject to the exculpation provisions of the Note, recover judgment on the Note either before, during or after any proceedings for the enforcement of this Deed of Trust or the other Loan Documents; (f) apply for the appointment of a receiver, trustee, liquidator or conservator of the Mortgaged Proper-t exparte and without notice except as required by Colorado law and without regard for the adequacy of the security for the Indebtedness and without regard for the 50[vency of Grantor, any guarantor, indemnitor or of any person, firm or other entity liable for the payment ofthe Indcbtedness; (g) subject to any applicable law, the license granted to Grantor under the Assignment of Rents shall automatically be revoked and Beneficiary may enter into or upon the Mortgaged Property, either personally or by its agents, nominees or attorneys and dispossess Grantor and its agents and servants therefrom, without liability for trespass, damages or otherwise exclude Grantor and its agents or servants wholly therefrom, and take possession of at! books, records and accounts relating thereto and Grantor agrees to surrender possession of the Mortgaged Property and of such books, records and accounts to Beneficiary upon demand, and thercupon Beneficiary may (i) use, operate, manage, control, insure, maintain, repair, restore and otherwise deal with al] and every part of the Mortgaged Property and conduct the business thereat; (ii) complete any construction on the Mortgaged Property in such manner and form as Beneficiary deems advisable; (iii) make alterations, additions, renewals, replacements and improvements to or on the Mortgaged Property. Ov) exercise all rights and powers of Grantor with respect to the Mortgaged Property, whether in the name of Grantor or otherwise, including, without â‚¬ 2 limitation, the right to make, cancel, enforce or modify Leases, obtain and evict tenants, and demand, sue for, rolled and receive all Rents of the Mortgaged Property and every part thereof, (v) require Grantor to pay monthly in advance to Beneficiary, or any receiver 26 0:- Notice: If the filii, ift,age is taâ‚¬-A ear than thid notice,-itis due to the quality of the document being fih -4 2 . ilill" Ill# 111111 1/Illl Ill! Ill# IllIll 111111!,1 111111 . i y 414180 83/04/1298 11:360 OT DAVIS SILVI 27 â€¢f 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO ff appointed to collect the Rents, the fair and reasonable rental value for the use and , occupation of such part of the Morlgaged Property as may be occupied by Grantor (vi) require Grantor 10 vacate and surrender possession of the Mortgaged Property to Beneficiary or to such receiver ani in default thereof Grantor may be evicted by summary proceedings or otherwise; and (vii) apply the receipts from the Mortgaged Property to the payment of the Indebtedness in such order, priority and proportions as Beneficiary shall deem appropriate in its sole discretion ,(ter dec!ucting therefrom al! expenses (including reasonable attorneys' fees) incurred in canection with :he aforesaid operations and all amounts necessary to pay the Taxes and Other Charges, Insurance Premiums and other expenses in connection with the Mortgaged Property, as well a just and reasonable compensation for the services of Beneflciary, its counsel, agents and employees; 01) exercise any and ali rights and remedies granteet to a scured party upon default under the Uniform Commercial Code, including, without limiting the generality of the foregoing: (i) the right to take possession of any Mortgaged P,operty which is personal property, and to take such other measures as Beneficiary may deem necessary for the care, protection and preservation of such personal property, and (ii) request Grantor at its expense to assemble such personal property and make it available to Beneficiary at a convenient place acceptable to Beneficiary. Any notice of sale, disposition or other ! intended action by Beneficiary with respect to such personal property sent to Grantor in accordance with the provisions hereof at least five (5) days prior to such action, shall constitute commercially reasonable notice to Grantor; i (i) apply any sums then deposited in the Escrow Funds and any other sums held in escrow or otherwise by Beneficiary in accordance with the terms of this Deed of Trust or any other Loan Document to tbe payment of the following items in any order in its sole discretion: 6) Taxes and Other Charges; Oi) Insurance Premiums; (lii) interest on the unpaid principal balance of the Note. (iv) amortization of the unpaid principal balance ~ of the Note; (v) ail other sums payable pursuant to the Note, this Deed of Trust and the other Loan DocÂ·uments, including without limitation advances made by Beneficiary pursuant to the terms of this Deed of Trust; 0) surrender the Policies maintained pursuant to Paragraph 11 hereof, collect the unearned Insurance Premiums and apply such sums as a credit on the Indebtedness in - such priority and proportion as Beneficiary in its discretion shall deem proper, and in connection therewith, Grantor hereby appoints Beneficiary as agent and attorney-in-fact (which is coupled with an interest and is therefore irrevocable) for Grantor to collect such Insurance Premiums; Ck) apply the undisbursed balance of any Net Proceeds Deficiency deposit, together with interest thereon, to the payment of the Indebtedness in such order, priority 1 and proportions as Beneficiary shall deem to be appropriate in its discretion; or f tf (1) pursue such other remedies as Beneficiary may have under applicable law. 27 -. -A X f A . I 1,r + ..,2 1 11!11111111Illl!1 illill lili lilli 111111111111111111 lili 414100 03/04/1910 11:360! DT DAVIS SILVI 28 .f 40 R 201.00 0 0.00 N 0,00 PITKIN COUNTY CO In the event of a 3,IC, by foreclosure, power of sale, or otherwise, of less than all of the Mortgaged Property, this Deed of Trust shall continue as a lien and security interest on the remaining portion of the Mortgaged Property unimpaired and without loss of priority. Notwithstanding the provisions of this Paragraph 23 to the contrary, if any Event of f Default as described in clause (g) or (h) of Paragraph 22 shall occur, the entire unpaid ; Indebtedness shall be automatically due and payable, without any further notice, demand or other action by Beneficiary. 24. Inlit~,Decds. After any sale pursuant to Section 23 of this Decd of Trust, Trustee shall execute and deliver a public trustee's deed in the form and manner provided for by Cctorado law. 25. Fees. The Grantor shall pay on demand all appraisal fees, survey fees, recording ; fees, license and permit fees, title insurance and other insurance premiums incurred by the Beneficiary in connection with the Note, this Deed of Trust, the Assignment of Rents and the other Loan Documents and the transactions contemplated hereby, and all other costs and expenses incurred by the Beneficiary in connection with the negotiation, preparation, execution, recording, satisfaction, securitization, servicing, or enforcement of the Note, this Deed of Trust, the Assignment of Rents and the other Loan Documents, including but not limited to reasonable fees for external costs incurrtd in providing information in connection with the securitization or transfer of this Deed of Trust by the Grantor, monitoring timely payment of taxes, assessments and insurance premiums, preparation and submission of information statements relating to this Deed cf Trust as required by applicable federal and state law and regulations, and all reasonable t fees and out-of-pocket expenses of counsel for the Beneficiary with respect thereto. All such costs, expenses and fees shall become additional Indebtedness of the Grantor secured by this Deed of Trust. Unless the Grantor and the Beneficiary agree in writing to other terms of repayment, such amounts shall be due and payable immediately upon their disburscment by the Beneficiary, and sliall bear interest from the time of such disbursement at the Default Interest Rate stated in the Note. 26. Estoppel Certificate- The Grantor shall, at any time and from time to time, upon not jess than 15 days' prior notice by the Beneficiary, execute, acknowledge and deliver, without charge, to the BeneficiarÂ·y or to any person designated by the Beneficiary, a statement in writing certifring that this Deed of Trust is unmodified (or if there have been modifications, identifying the same by the date thereof and specifying the nature thereo f), the principal amount then secured hereby and the unpaid balance ofthe Note, that the Grantor has not received any notice ofdefault or notice o f acceleration or foreclosure of this Deed o f Trust (or if the Grantor has received such a notice, that it has been revoked, if such be the case), that to the knowledge of the Grantor no Event of Default exists hereunder (or ifany such Event of Default does exist, specifying the same and stating that the same has been cured, if such be the case), that the Grantor to its knowledge ~ has no claims or offsets against the Beneficiary (or if the Grantor has any such claims, specifying I the same), and the dates to which the interest and lhe other sums and charges payable by the Grantor pursuant to the Note have been paid. 28 .. Â·t f 1 illill Illil Illill 111111 lili Ill# Ill# W Ililill M illl k 414160 03/04/1998 11:38A DT DAVIS SILVI 29 of 40 R 201.00 0 0.00 N 0,00 PITKIN COUNTY CO 27. Forbearance Not a Waiver: Rights and Remedies Cumulative. No delay by the ~ Trustee or the Beneficiary in exercising any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver ofor preclude the exercise of such right or remedy, and L no waiver by the Trustee or Beneficiary of any particular provision of this Deed of Trust shall be deemed effective unless in writing signed by the Beneficiary. All such rights and remedies provided for hercin or which the Beneficiary or the holder of the Note may have otherwise. at law or in equity, shall be distinct, separate and cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often as the occasion therefor arises. The Beneficiary's taking action pursuant to paragraph 14 or receiving proceeds, awards or damages pursuant to paragraphs 1 1 or 15 shall not impair any right or remedy available to the Beneficiary under paragraph 23 hereof. Acceleration of maturity of the Note, once claimed hereunder by the Beneficiary, may, at the option of the Beneficiary, be rescinded by written acknowledgment to that effect by the Beneficiary, but the tender and acceptance of partial payments alone shall not in any way afTect or rescind such acceleration of maturity of the Note. 2 28 Successors and Assims Bound: Number: Gender. Agents. Caotions: Amendments. f The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective heirs, legal representatives, successors and assigns of the Trustee, the Beneficiary and the Grantor; provided, however, that this paragraph 28 shall not limit the effect of paragraph 17. Wherever used, the singular number shall include the plural and the plural the singular, and the use of any gender shall apply to all genders. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. No amendment of this Deed of Trust shall be effective unless in a writing : i executed by the Grantor and the Beneficiary. 29. Notices. All notices,jemands, requests or other communications to be sent by one party to thc other hereunder or required by law shall be in writing and shall be deemed to have been validly given or served by delivery of the same in person to the intended addressce, or by depositing the same with Federal Express or another reputable private courier service for next business day delivery, or by depositing the same in the United States mail, postage prepaid, registered or certified mail, return receipt requested, in any event addressed to the intended addressee at its address set forth below or at such other address as may be designated by such party as herein provided. All notices, demands and requests shall be effective upon such personal delivery, or one (1) business day after being deposited with the private courier service, or two (2) , business days after being deposited in the United States mail as required above. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as herein required shall be deemed to be receipt of the notice, demand or request sent. By giving to the other party hereto at least fifteen (15) days' prior written notice thereof in . accordance wich the provisions hereof the parties hereto shall have the right from time to time to change their respective addresses and each shall have the right 10 specify as its address any other address within the United States of Americ,. Address of Grant or: ; Hunter P:az . Associates, LLP . . 29 ./ 1 + n.. 7 ~ ' *.. 0...ra.Z-Ii:'- I ..tÂ·~ -, '- -. i l illill lilli Ill!!1 Illill lili 111# 111!11 Ill lili 111111111 414180 03/04/1918 11:38A Dr DAVIS SILVI 30 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO South Mill Street, Suite 301A Aspen, Colorado 81611 Attention: Anthony J. Mazza Address of Beneficiary: Norwest Bank Minnesota, National Association Sixth Street and Marquette Avenue Minneapolis, MN 55479-0089 Attention- James R. Wenker 30. Il:rional LiabilitY. Notwithstanding anything to the contrary contained in this Deed of Trust, the liability of Grantor and its general partners for the Indebtedness secured hereby and for the performance of the other agreements, covenants and obligations contained herein and in the Loan Documents shall be limited as set forth in the Note. 31. Governing Law: Severability. This Deed of Trust shall be governed by and construed in accordance with the substantive laws ofthe State of Colorado (without regard to any conflicts of laws principles). In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provisions and to this end the provisions of this Deed of Trust are declared to be severable. Nothing in this Deed of Trust dealing with the effectiveness hereof or fe:eclosure procedures or specifying particular actions to be taken by Grantor, Beneficiary or by Trustee or any similar officer shall be deemed to contradict or add to the requirements, procedures or limitations now or hereafter specified by Colorado law, and any such inconsistency shall be resolved in favor of Colorado law applicable at the time of any of the foregoing events. 32. Counterparts. This Deed of Trust may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. 33. Production of Documents. The Grantor shall, while this Deed of Trust is in full force and. effect, furnish the Beneficialy with such documents, instruments and papers as the Beneficizry may request from time to time in order for the Beneficiary to effectuate a sale of the Loan. 34. Waiver of Marshalling. The Grantor hereby waives any and all right to require the marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein. 35. Fixture Filing. From the date of its recording, this Deed of Truit shall be effective as a financing statement filed as a fixture filing with respect to all goods constituting part of the Mortgaged Property (as more particularly described in item (ii), (viii), (ix), (x) and (xii) of the granting clause of this Deed of Trust) which are or are to become fixtures related to the real estate described herein. For this purpose, the following information is set fonh: 30 , - r l Nill lilli 111111 ll!111111111111111111 Ill 111111111 lili 414188 03/64/1*08 11:389 OT DAVIS SILVI 31 of 40 R 201.00 D 0,00 N 0.00 PITKIN COUNTY CO (a) Name and Address of Debtor: Hunter Plaza Associates, LLP South Mill Street, Suite 301A Aspen, Colorado 81611 Attention: Anthony J. Mana (b) Taxpayer Identification Number of Debtor: ; 84-1053432 (c) Name and Address of Secured Party: Norwest Bank Minnesota, National Association Sixth Street ind Marquette Avenue Minnespolis, MN 55479-0089 Attention: James R. Wenker (d) This document covers goods which are or are to become fixtures. (e) The name ofthe record owner of the Land is the Debtor described above. 36. Further Assuangps. Etc. (a) At any time and from time to time until payment in full of the Indebtedness, the Grantor will, at the request of the Beneficiary, promptly execute and deliver to the Beneficiary such additional instruments as may be reasonably required further to ekidence the lien of this Deed of Trust and further to protect the security interest of the Beneficiary with respect to the Mortgaged Property, including, without limitation, additional security agreements, financing statements and continuation statements. Any expenses incurred by the Beneficiary in connection with the preparation and recordation of any such instruments, including, but not limited to reasonable attorneys' fees, shall become additional Indebtedness of the Grantor secured by this Deed of Trust. Unless the Grantor and the Beneficiary agree in writing to other terms C repayment, such amounts s!.all be immediately due and payable, and shall bear interest from the date of disbursement at the Default Interest Rate stated in the Note. (b) Beneficiary (and its servicer and their respective assigns) shall have the right to disclose in confidence such financial information regarding Grantor, any Principal, any constituent party of Grantor or the Mortgaged Property as may be necessary to (i) complete any sale or attempted sale of the Note or participations in the Loan (or any transfer of the servicing thereof) evidenced by the Note and the Loan Documents, Oi) service the Note or (iii) furnish information concerning the payment status of the Note to the holder or beneficial owner thereof, including, without limitation, all Loan Documents, financial statements, projections, internal memoranda, eudits, reports. payment history, 31 1 11111111111111!11 #lili lill 11~11111111 11111111 lili lili 414110 03/84/1998 11:364 DT DAVIS SILVI 32 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO appraisals and any and al] other information and documentation in the Beneficiary's files (and such servicer's files) relating to the Grantor, any Principal, any constituent party of Grantor and the Mortgaged Property. This authorization shall be irrevocable in favor of 1 6 the Beneficiary (and its servicer and their respective assigns), and Grantor, each Principal and each constituent party of Gunter waive any claims that they may have against the Beneficiary, its scrvicer and their respective assigns or the party receiving information from the Beneficiary pursuant hereto regarding disclosure of information in such files and further waive any alleged damages which they may suffer as a result ofsuch disclosure. The Grantor acknowledges that the Beneficiary intends to sell the Loan evidenced by the Note and the Loan Documents or a participation interest therein to a party who may pool the Loan with z .3,-12'beT of other loans and to have the holder of such loans (most liely a special p,-:r?'.5- F.BdI Z) issue one or more classes of Mortgage Backed Pass-Through Certificates Â·~te 'Cen i::cates'), which maybe rated by one or more national rating agencies. Beneficiw.7 : md k.. per.icer and their respective assigns) shall be permitted to share any of the informu<on refc. ted to in subparagraph (b) above, whether obtained before or after the date of' the Note, with the holders of the Certificates, investment banking firms, rating agencies, accounting firms, custodians, successor mortgage servicers, law firms and other third-party advisory firms involved wilh the Loan evidenced by the Note and the Loan Documents or the Certificates. It is understood that the information provided by the Grantor to the Beneficiary (or its servicer and their respective dgns) or otherwise received by Beneficiary (or its servicer and their respective assigns) in connection with the Loan evidenced by the Loan Documents may ultimately be incorporated into the offering documents for the Certificates and thus various prospective investors may also see some or atl of the information. The Beneficiary (and its senicer and their respective assigns) and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, the Grantor. 1 37. Grantofs mdemnification. The Grantor shall and does hereby agree to indemnify and to hold the Beneficiary harmless of and from any and all claims, demands, liability, loss or damage (including all costs, expenses, and reasonable attorneys' fees in the defense thereof) asserted agai.ist, imposed on or incurred by the Beneficiary in connecuon with or as a result of the Note, this Deed of Trust or the other Loan Documents or the exercise of any rights or remedies under this Deed of Trust, other than any such claims, demands, liability, loss or damages arising solely from the BeneficiaÂ«s willful misconduct or gross negligence. Should the Beneficiary incur ~ any such liability, the amount thereof; together with interest thereon at the Default Interest Rate stated in the Note, shall be secured hereby and by this Deed of Trust and the Grantor shall 4 reimburse the Beneficiary therefor immediately upon demand. 1 38. Submission To Jurisd,ction: Waiver ofJury Trial. (a) THE GRANTOR, TO THE FULL EXTENT PERMITTED BY LAW, HEREBY KNOWLNGLY, INTENTIONALLY AND VOLUNTARILY, WITH AND UPON THE ADVICE OF COMPETENT COUNSEL, (i) SUBMITS TO 32 .. I im !11111!11!ill!"l lili lilli 111111 Ill lilli lillil!1 414180 03/04/1993 11:380 DT DAVIS SILVI 33 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO ' PERSONAL JURISDICTION IN THE STATE OF COLORAD , 1 ANY /12=, SUIT, ACTION OR PROCEEDING BY ANY PERSON ARISIN - ,Â·ROM OR .%- RELATING TO THE NOTE, THIS DEED OF TRUST OR ANY OTHER OF THE LOAN DOCUMENTS, (ii) AGREES THAT ANY SUCH ACTION, SUIT OR PROCEEDING MAY BE BROUGHT IN ANY STATE OR FEDERAL COURT OF .,1.5Â¢11. .lr COMPETENT JURISDICTION SITIING IN PITKIN COUNTY, COLORADO. (iii) SUBMITS TO THE JURISDICTION OF SUCH COURTS, AND (iv) TO THE - FULLEST EXTENT rERMITrED BY LAW, AGREES THAT IT WILL NOT .1 BRING ANY ACTION, SUIT OR PROCEEDING IN ANY OTHER FORUM (BUT NOTHING HEREIN SHALL AFFECr THE RIGHT OF THE BENEFICIARY TO Â¢~ BRING ANY ACTION, SUrr OR PROCEEDING IN ANY OTHER FORUM). THE GRANTOR FURTHER CONSENTS AND AGREES TO SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER LEGAL PROCESS IN ANY SUCH SUIT, ACIION OR PROCEEDING BY REGISTERED OR CERTIFIED U.S. MAIL, POSTAGE PREPAID, TO THE GRANTOR AT THE ADDRESS FOR NOnCES DESCRIBED IN PARAGRAPH 29 HEREOF, AND CONSENTS AND AGREES THAT SUCH SERVICE SHALL CONSTITUTE IN EVERY RESPECT BE VALID ? AND EFFECTIVE SERVICE (BUT NOTHING HEREIN SHALL AFFECT THE ~ VALIDITY OR EFFECTIVENESS OF PROCESS SERVED IN ANY OTHER MANNER PERMITTED BY LAW). (b) GRANTOR HEREBY AGREES NOT TO ELECT A TRIAL BY JURY OF ANY ISSUE TRIABLE OF RIGHT BY JURY, AND WAIVES ANY RIGHT TO TRIAL BY JURY FULLY TO THE EXTENT THAT ANY SUCH RIGHT SHALL NOW OR HEREAFTER EXIST WITH REGARD TO THIS DEED OF TRUST OR THE OTHER LOAN DOCUMENTS, OR ANY CLAIM, COUNTERCLAIM OR OTHER ACTION ARISING IN CONNECTION THEREWITH INCLUDING, BUT NOT LIMITED TO THOSE RELATING TO , (A) ALLEGATIONS THAT A PARTNERSHIP EXISTS BETWEEN BENEFICIARY AND GRANTOR; (B) USURY OR PENALTIES OR DAMAGES THEREFOR; (C) ALLEGATIONS OF UNCONSCIONABLE ACTS, DECEPTIVE TRADE PRACTICE, LACK OF GOOD FAITH OR FAIR DEALING, LACK OF COMMERCIAL REASONABLENESS, OR SPECIAL RELATIONSHIPS (SUCH AS FIDUCIARY, TRUST OR CONFIDENTIAL RELATIONSHIP); m) ALLEGATIONS OF DOMINION, CONTROL ALTER EGO, INSTRUMENTALITY, FRAUD, REAL ESTATE FRAUD, MISREPRESENTATION, DURESS, COERCION, UNDUE INFLUENCE, INTERFERENCE OR NEGLIGENCE; (E) ALLEGATIONS OF TORTIOUS INTERFERENCE WITH PRESENT OR PROSPECTIVE, BUSINESS RELATIONSHIPS OR OF ANTITRUST; OR (F) SLANDER, LIBEL OR DAMAGE TO REPUTATION. THIS WAIVER OF RIGHT TO TRIAL BY JURY IS GIVEN KNOWINGLY AND VOLUNTARILY BY GRANTOR. AND IS INTENDED TO ENCOMPASS INDIVIDUALLY EACH INSTANCE AND EACH ISSUE AS TO WHICH THE RIGHT TO A TRIAL BY JURY WOULD 2 OTHERWISE ACCRUE. BENEFICIARY IS HEREBY AUTHORIZED TO FILE 33 ' ./1~.1 .Sti .. _....~74..11*.izime-9/041*21*074~1Aim#.1.,*.- .. lillill Ilill lilli 11!ill lili lilli 1111!11!Ill!11 1111 lili 414180 03/04/1998 11:359 OT DAVIS SILVI 34 of 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO A COPY OF THIS PARAGRAPH IN ANY PROCEEDING AS CONCLUSIVE EVIDENCE OF THIS WAIVER BY MAKER. , 39. Contractual Statute of Limitations. The Grantor hereby agrees that any claim or cause of action by the Grantor against the Beneficiary, or any of the Beneficiary's directors, officers, employees, agents, accountants or attorneys, based upon, arising from or relating to the Indebtedness secured hereby, or any other matter, cause or thing whatsoever, whether or not relating thereto, occurred, done, omitted or sufTered to be done by the Beneficiary or by the Beneficiarys directors, officers, employees, agents, accountants or attorneys, whether sounding in contract or in tort or otherwise, shall be barred unless asserted by the Grantor by the commencement of an action or proceeding in a court of competent jurisdiction by the filing of a complainÂ·t within one (1) year after the Grantor first acquire: or reasonably should have acquired knowledge of the first act, occurrence or omission upon which such claim or cause of action, or any part thereof, is based and service of a summons and complaint on an o fficer of the Beneficiary or any other- person authorized to accept service of process on behalf of the Beneficiary, within thirty (30) days thereafter. The Grantor agrees that such one (1) year period of time is reasonable and sufficient time for a borrower to investigate and act upon any such claim or cause of action. The one (1) year period provided herein shall not be waived, rolled or extprided except by the specific written agreement of the Beneficiary. This provision shall survive any termination of this Deed of Trust or any of the other Loan Documents. 40. Iout=. (a) The Trustee holds title under this Deed of Trust for the benefit of the Beneficiary in accordance with the provisions of the applicable Colorado Statutes. The trust created hereby is not revocable by the Gr#tor. Acceptance of this Deed of Trust shall not be a condition to its validity, and this Deecl of Trust shall be effective upon its execution and delivery to the B eneficiary. (b) The Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. The Trustee may resign at any time by delivering notice thereof to the Grantor and the Beneficiary. (c) The Beneficiary may substitute another trustee in the place of the Trustee herein named to exercise the rights, powers and duties granted by law and contained herein. Substitutions shall be made by recording notice of the substitution in the office of the county recorder of each county in which the Mortgaged Property or some part of the Mortgaged Property is situated at the time of the substitution. The Beneficiary shall give written notice of the substitution through registered or certified mail, postage prepaid, to the Grantor, the Trustee and the successor trustee. (d) The Grantor shall pay the Trustee for all acts performed by the Trustee 0 hereunder or in connection herewith in accordance with the Trustee's established fees and charges. 34 - --- --Ii& ..6- UU-L...,clit Ue,lig 1 .. fillill m mil filill lili Ilill mil ill lilli Ril lili 414160 03/04/1998 11:36A DT DAVIS SILVI 38 of 40 R 201.00 0 0.00 N 0.00 PITIGN COUNTY CO (e) It shall be no part of the duty of the Trustee to see to any recording, filing or registration of this Deed of Trust or any other instrument in addition or supplemental thereto, or to give any notice thereof, or to see to the payment of or be undcr any duty in respect of any tax or assessment or other governmental charge which may be levied or assessed on the Mortgaged Propcrty, or any part hereof, or against the Grantor, or to see to the performance or observance by the Grantor of any of the covenants and agreements contained herein. The Trustee shall not be responsibie for the execution, acknowledgment or validity of this Ded of Trust or of any instrument in addition or supplemental hereto, or for the sufficiency of the security purported to be created hereby, and makes no representation in respect thereofor in respect of the rights of the Beneficiar'y. The Trustee shall have the right to advise with counsel upon any matters aris;ng hereunder and shall be fully protected in relying as to legal matters on the advise of counsel. The Trustee shall not incur any personal liability hereunder except for its own willful misdanduct; and the Trustee shall have the right to rely on any instrument, document or signature authorizing 0' supporting any action taken or proposed to be taken by the Trustee hereunder, believed by the Trustee in good faith to be genuine. 41. Change in Law. (a) If any law is enacted or adopted or amended after the date of this Deed of Trust which deducts the 7.idebtedness from the value of the Mortgaged Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness or Beneficiary's interest in the Mortgaged Property, Grantor will pay the tax, with interetÂ·anG penalties thereon, if any. If Beneficiary is advised by counsel chosen by it that the payment of tax by Grantor would be unlawful or taxable to Beneficiary or unenforceable or provide the basis for a defense of usury, then Beneficiary shall have the ' option, exercisable by written notice of not less than ninety (90) days, to declare the Indebtedness immediately due and payable. In the event Beneficiary so elects to declare the Indebtedness immediately dut and payable, no prepayment premium shall be due. (b) Grantor will not claim or demand or be entitled to any credit or credits on account of the Indebtedness for any part of the Taxes or Other Charges assessed against the Mortgaged Property, or any part thereof, and no deduction shall otherwise be made or ' claimed from the assessed value of the Mortgaged Property, or any part thereof for real estate tax purposes by reason of this Deed of Trust or the Indebtedness. If such claim, crec:it or deduction shall be required by law, Beneficiary shall have the option, exercisal,le by written notice of not less than ninety (90) days, to declare the Indebtedness immediately due and payable. In the event Beneficiary so elects to declare the Indebtedness immediately due and payable, no prepayment premium shall be due. 42. Entire Auccment. This Deed of Trust and all other loan documents embody the final, entire agreement of Grantor, Trustee and Beneficiary and supersede any and al! prior commitments, agreements, representations and u,.dertandings, whether written or oral, relating to the subject matter hereof and thereof and may not be contradicted or varied by evidence of prior, 21 I 35 2 1: L. i ri Notice: If the filfti image is 14-Fâ‚¬-Arear than this' notice, it is due to the quality of the document being f ,- ./. --/-*NWA&.---A-*It/*'. Il. .- .3, .. , f contemporaneous or subsequent oral agreements or discussions of Grantor, Trustee and Beneficiary. There are no oral agreements between Grantor, Trustee and Beneficiary. 43. Maturity Date. The original stated Maturity Date of the Note is April 1, 2008. IN WITNESS WHEREOF, the Grantor has caused this Deed of Trust to be duly executed as of the day and year first-above written. GRANTOR: HUNI-k PLAZA ASSOCIATES, I.L}- By: I/09 ~Rokxl.Mazza Its: Managing Partner 1 111111 m mil 111111 lili Ell 111111111 lilli lili lili 414160 03/04/1998 11:35A OT DAVIS SILVI 36 of 40 R 201.00 D 0.00 M 0.00 PITKIN COUNTY CO 1 36 - I j X . - . Al . IFY- 3>33,g f STATE OF COLORADO ) ) ss. f COUNTY OF 2/4-k:p, ) The foregoing instrument was acknowledged before me this 0~ day of March, 1998, by Anthony J. Mana, the Managing Partner of Hunter Plaza Associates, LLP, a Colorado litrited liability partnership, on behalf ofsaid partnership. 4 5 29$58Â·ld-# Putbic My Ccrnmiss~on expires 422/98 4~ 601 East Hopkins Aspen. Colorado 81611 Notary Public ~ 4 FUBL'( <pt This instrument was drafted by: WINTHROP & WEINSTINE, PA 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, Minnesota 55402 (612) 347-0700 MPLIÂ·231309.1 111111111111111!11111111111'll'11111!11111 lilli 11111111 414160 03/04/1998 11:3*A OT DAVIS SILVI 37 if 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO 37 - -'.79# 'â„¢:.7432-; . .3*'- I- EXHIBIT A TO DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT Grantor Hunter Plaza Associates, LLP Beneficiary. Norwest Bark Minnesota, National Association The Land described in the referenced instrument is located in Pitkin County, Colorado, and is described as follows: Lots K, L, M, N and 0, in Block 100, City and Townsite of Aspen Except thc following portion thereof A parcel ofland being part of Lots K, L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: ' Beginning at the northwest corner of said Lot K, thence S 750 09'11" E 62.44 feet along the north line of Lots K, L and M to the center of a masonry wall; thence S 140 50'49" W 32.24 feet along the center of said wall; thence N 750 09'11" W 16.30 feet along the center of 2 masonry wall; thence S 140 50'49" W 4.16 feet along the center of said wall; thence N 750 09'11" W 46.14 feet along the center of said wall to a point on the westerly line of said Lot K; rhence N 140 50'49" E 36.40 feet to the point of beginning. 111111111111111111111111 lili lilli mil Ill 111111111 lili 414150 03/04/1998 11:36A DT DAVIS SILVI 38 of 40 R 201.Be D 0.00 N 0.00 PITKIN COUNTY CO 0 : Â£+246.71.8-1 6.Â· U hl.<...2.1,Â¢JG~Ctuslib .... 3 . EXHIBIT B TO DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT " Grantor. Hunter Plaza Associates, LLP Beneficiary: Nonvest Bank Minnesota, National Association The Mortgaged Property is subject to the following encumbrances and no others: 1 ~ Taxes and special assessments not yet due and payable. 2, Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 236 providing as follows: 'That no title shall be hereby acquired to any mine of gold, silver. cinnabar or copper cr to any valid mining claim or possession held under existing laws" 3. Terms, conditions, provisions, obligations and all matters as set forth in Party Wall , Agreement recorded April 13, 1983 in Book 443 at Page 332 and in Common Wall Agreement recorded April 30, 1987 in Book 534 at Page 851 4. All matters as contained in Encroachment Agreement issud[ by the City of Aspen recorded May 18, 1987 in Book 536 at Page 812. 1111'll lilli 111111 'll'11 !111 lilli 111111 111 lilli 11111111 414150 03/04/1998 11:36A DT DAVIS SILVI 39 of 40 R 201.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 , . 1' . -3 -, 2*% 1 - EXHIBIT C TO DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FINANCING STATEMENT Additional Stipulations NONE 1111111 lilli 111111111111 lili 11111111111 ill lilli lili lili 414110 03/64/1990 11,310 DT DAVIS SILVI 40 .Â¢ 40 R 201.00 0 0.00 N 0.00 PITKIN COUNTY CO T 16 --- , . , . .... Â·Â·,a, iâ€¢â€¢ . u~-g, i, tb UUe 10 11~3 4Uality Ot tne document being filmec .. 111'111 lilli 11111111'111 1111 lilli '11'11111 lilli lili lili 4141,1 03/04/199â€¢ 11:3â€¢A UCC100 DAVIS SILVI COLORADO UCC-1 1 of 4 R 0.00 0 0.00 N 10.00 PITKIN COUNTY CO Appru- by Cal- Ind-ng Symt,M loord DW - *11 015 Fing + 11 Surcharge) 1 ST DEBTOR SSN/FED Tax ID .84-1053432 Check One: a Business E Personal Name F..i ,â€¢4 . HUNTER PLAZA ASSOCIATES. LLP Street 205 SOUTH MILL STREET, SUITE 301A City, State. Zip . ASPEN, CO 81611 For Filing Officer Use Only 2ND DEBTOR 0 Additional debtor(i) on attichment COUNTY WHERE 1ST DEBTOR RESIDES SSN/FED Tax ID . Check One: O Business (U- 2 Digit Code Frcwn Instn.,CRon PM) 99/5 7 O Personal Name 0.-t. 1.0 Street CHECKIF APPLICABLE City, State, Zip 0 This statement is to N filed In the real estate records ONLY. 1ST SECURED O Additional socured party on attachment 1 This statement is to be filed k, UCC AND PARTY real estate records. NORWEST BANK MINNESOTA, NATIONAL C The debtor Is a transmitting utiUty. ASSOCIATION Name R.-,st) ' SIXTH STREET AND MARQUETTE AVENUE Street MINNEAPOLIS, MN 55479-0089 EFS FILING? O Yes M No City. State. Zip . ATTN: JAMES R. WENKER M rum EFS #4 ~ M c,5-ii acc- /1,1 M EFS '"0 --Ce"Ny Co- =â€¢d '0=- 4-4 ASSIGNED PARTY O Additional assigned party on attachment (f EFS 11,70 0 10,0Â©o,qli *-C-lt*ank) Con/~/</ 0001, From Ib Name ft-t. 1.0 C.di Codi D- D- Street I 010 City. State. Zip 010_ RETURN COPY TO 014 040 ROGER D. GORDON 509_ WINTHROP & WEINSTINE, P.A. 550_ 3000 DAIN BOSWORTH PLAZA 600 1 . '60 SOUTH SIXTH STREET 652 5.- Â·MINNEAPOLIS, MN 55402 oty, Stati, Z]p ZQL COMPLETE DESCRIPTION OF COLLATERAL Fold H,ri THE TERM "COLLATERAL' FURTHER INCLUDES, BUT IS NOT LIMITED TO, ALL PROPERTY DESCRIBED IN EXHIBIT 'A" ATTACHED HERETO. THE REAL PROPERTY COLLATERAL IS DESCRIBED ON 1,/ SCHEDULE I ATTACHED HERETO. 11!111[11111 mil 111111 lili lilli !11111111 lilli lili lili 414 t62 03/04/1998 11:41A FS DAVIS SILVI * HUNTER PLAZA-*9GQCIATES, LLP . 1 of <R 11.80 0 0.00 N 0.00 PITKIN COUNTY CO / BY./ \) i 1 l.~ ANTHONY J. MAZZA I Pr,â€¢WN-" 1 MANAGING PARTNER C....el.... & FIX U. : N.. 601. R... 1%96. FINAN<INC NTAT,-MINT (li'CeÂ· I I N,Â·,dfard P,hlâ€¢h,ni. I,â€¢~ W.w- ft., tw.i. CO,0202 ... (,03,1,2.i_v,1 - 1.4, IB 5/cie'llÂ¥ of St'. i....0Â¢11-1 _~ Notice: If the filfti image is 145â‚¬-Alear than this notice, it is due to the quality of the document being filmed ... 0 1.1 'f . 4 p. 1:Â·PÂ·3,Zt'.: Â·-Â·Â·I *5Â·Â»Â·':Â¥77.:t.4-'-4.4)1Â·4471'Â·;r Ir'*Â· --"Â»fÂ·-,-"4 --Â·â€¢ Â·Â·1 Â·-- '-Â·A , --- I Imi l!111111!11 1110 lili 11111 111111111 lilli 1111 lili ~ 414112 03/04/1990 11:41* FS DAVIS SILVI 2 of 4 R 18.00 0 0.00 N 0.00 PIn(IN COUiTY CO r EXHIBIT A ADDITIONAL SHEET TO FINANCIFG STATEMENT Debtor: Hunter Plaza Associates, LLP 205 South Mill Street, Suite 301A Aspen, Colorado 81611 Federal Tax Identification No. 84-1053432 Secured Party: Norwest Bank Minnesota, National Association Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0089 Attention: James R. Wenker This Financing Statement covers the following types or items ofproperty: All of Debtor's right, title and interest in and to: (i) all of the buildings, structures and other improvements now standing or at any time hereafter constructed or placed upon the Land (the "Improvements"); (ii) all lighting, heating, ventilating, air-conditioning, sprinkling and plumbing fixtures, water and power systems, engines and machinery, boilers, furnaces, oil bumers, elevators and motors, communication systems, dynamos, transformers, electrical equipment, carpets, draperies, blinds and all other fixtures of every description located in or on, or used, or intended to be used in connection with the Land or any of the Improvements (excluding, however, fixturel owned by tenants occupying space in any , building now or hereafter located on the Land); (iii) all hereditaments, easements, rights of way, - ~ appurtenances, riparian rights, rents, issues, profits, condemnation awards, mineral rights and water rights now or hereafter belonging or in any way pertaining to the Land or to any of the Improvements and all the estates, rights and interests of the Debtor in the Land; (iv) all cash funds, deposit accounts and other rights and evidence of rights of cash, now or hereafter created U or held by Secured Party pursuant to the Mortgage (defined below) or any other of the Loan Documents (as defined in the Mortgage), including, without limitation, all monies now or hereafter on deposit in the Tax and Insurance Escrow Fund and the Replacement Escrow Fund (each as defined in the Mortgage); (v) ati contracts and agreements now or hereafter entered into covering any part of the Mortgaged Property (as defined below) (collectively, the "Contracts') and al! revenue, income and other benefits thereof, including, without limitation, management ~ agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or the Improvements (inciuding plans, drawings, surveys, tcsts, reports, bonds and governmental â€¢ 1 approvals) or to the management or operation of any part of the Land or the Improvements; (vi) 1111111 lilli mil 111111 lili lilli 111111111 !1111 lili lili ' 414181 03/04/1991 11:38A UCC 100 DAVIS SILV! 2 of 4 R 0.00 0 0.00 N 10.00 PITKIN COUNTY CO 'Â·2*#ANNAW#~140#IM../.- .. i jilill lilli 111!11 lilill 115' 11111 111111 111 lilli 1111 1111 414162 03/64/1090 11:41A FS DAVIS SILVI 3 0/ 4 R 15.00 D 0.00 N 0.00 PITKIN COUNTY CO all present and future monetarÂ·y deposits given to any public or private utility with respect to utility services furnished to any part of the Land or the Improvements; (vii) all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, service marks and symbols now or hereafter used in connection with any part of the Land or the Improvements, a!1 names by which the Land or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interests and privileges which Debtor has or may have as developer or declarwt under any covenants, restrictions or declarations now or hereafter relating to the Land or the ImprovementÂ©, all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Land or the Improvements, all notes or chattel paper now or hereafter arising from or by virtue of any transactions' related to the Land or the Improvements, and a insurance policies or binders now or hereafter relating to the Mortgaged Property, inclilding any uneariled premiums thereon (collectively, the 'General Intangibles"); (viii) all water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and cther rights and privileges now or hereafter obtained in connection with Hhc Land or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of tbe foregoing now or hereafter located or installed on the Land or in the Improvements; (ix) all building materials, furniture, furnishings, equipment, suppties and all other personal property now or hereafter located in, or on, or used or intended to be used in connection with the Land or any of the Improvements and all replacements and additions thereto (excluding personal property owned by tenants occwpying space in the Improvements): (x) all additions, accessions, increases, parts, fittings, accessories, replacements, substitutions, betterments, repairs and proceeds to, of or for any and all of the foregoing; and (xi) any and all after-acquired interest of the Debtor in any of the foregoing, including the Land (all of the foregoing, together with the Land and the Improvements arc hereioafter referred to as the "Mortgaged Property'). As used herein, the term "Land' means the real property located in Pitkin County, Colorado, which is legally described as follows: SEE SCHEDULE I ArrACHED HERETO As uied herein, the term "Mortgage" means that certain Deed of Trust, Security Agreement and Fixture Financing Statement dated March - 1998, from Debtcr, as grantor, in favor of Secured Party, as beneficiary, as the same may be amended or supplemented from time to time. MPLI:236612Â·3 1111111 lilli 111111111111 lili lilli lilli ill lilli ll'l lili 414161 03/04/1998 11:389 UCC 100 DAVIS SILVI 3 of 4 R 0.00 D 8.06 h 10.00 PITKIN COUNTY CO 1 -2 1 -j Notice: If the my,i i'".aae is~leFâ‚¬-749*r thhn thiK notice. it is dile to the nt,Alitv Af the document being filmed - 44; - . 9 3Â£11EQUIAI . The Land described in the referenced instrument is located in Pitkin County, Colorado, and is described as follows: Lots K, L, M, N and O, in Block 100, City and Townsite of Aspen. Except the following portion thereof: j- 1 \ A parcel of land being part of Lots K, L and 14, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the northwest corner of said Lot K; thence S 75'09'11" E 62.44 feet along the north line ofLots K L and M to the center of a masonry wall; thence S 14' 50'49" W 32-24 feet along the center of said Wall; thence N 75Â° 09'11" W 16.30 feet along the center of a masonry wall; thence S 14* 50'49" W 4.16 feet along the center of said wall; thence N 75Â°09'11" W 46.14 feet along the center of said wall to a point on the westerly line of said Lot K thence N 14Â° 50'49" E 36.40 feet to the point of beginning. t I Illill Hill Illill Illill Ilillilli llilll Ill lilli lili lili 414162 03/04/1998 11:41A FS DAVIS SILVI 4 of 4 R 10.00 D 0.00 N 0.00 PITKIN COUNTY CO 111'w 111111'1111111111111 lilli 1111'1111 lilli lili 1111 414161 03/04/1998 11:389 UCC100 DAVIS SILVI 4 of 4 R 0.00 0 0.00 N 18.00 PITKIN COUNTY CO -3- .. l , 1 111111' lilli 11111111'111 lili lili '11111111 lilli lili lili 414111 03/04/1991 11:38A UCC100 DAVIS SILVI COLORADO UCC-1 1 ef 4 R 0.00 0 0.00 N 11.00 PITKIN COUNTY CO Approv.d by Ce-1 lad=dng Syâ€¢twÂ» Boid btal F- *11 {$15 Fing + $1 Surcharge) 1ST DEBTOR SSN/FED Tax ID .84-1053432 Check One: a Business 0 Personal Name IL- 1.0 HUNTER PLAZA ASSOCIATES, LLP Street 205 SOUTH MILL STREET, SUITE 301A City, State. Zip . ASPEN, CO 81611 For Filing OfRcer Use Only 2ND DEBTOR C Additional debtor(s) on attachmint COUNTY WHERE 1ST DEBTOR RESIDES SSN/FED Tax ID . Check One: O Business (l)-20*1Â¢Cod.F<.nkÂ·atucion Page) 99/57 E Personal Name fL..1. 1.9 Street CHECK IF APPLICABLE 0 This statement i: to be filed In the real City, State, Zip estate records OBILI 1ST SECURED CJ Additional Icured party on attachmint a This statement is to be filed in UCC ANCJ PARTY real estate records. NORWEST BANK MINNESOTA, NATIONAL C The debtor Is a transmitting utility. ASSOCIATION Name u.t. ,â€¢c SIXTH STREET AND MARQUETTE AVENUE : Street MINNEAPOLIS, KN 55479-0089 EPS FILING? O Yes 3 No City. State, Zip . ATTN : JAMES R. WENKER (11 /5 -e -- CL./9 Cod, -4 ,-c- d-/ ASSIGNED PARTY C] Additional lisignid party on attachment MEFS...........*-Id....# Colit,/I Co.ty Fio. m i Name (t.1 1 00 Codi Cod, 0- D- 1 Street ~ City. State, Zip 010_ 030 RETURN COPY TO 034 040 ' , --- I ROGER D. GORDON 500 WINTHROP & WEINSTINE, P.A. 550 3000 DAIN BOSWORTH PLAZA 600 ' N.Â¥w 60 SOUL, SIXTH STREET 610 Â·MINNEAPOLIS, MN 55402 LQL - Clly, St.., Zip ' 1 COMPLETE DESCRIPTION OF COLLATERAL Fold Her, -1 5 , 1, THE TERM "COLLATERAL" FURTHER INCLUDES, BUT IS NOT LIMITED TO, ALL PROPERTY DESCRIBED F IN EXHIBIT "A" ATTACHED HERETO. THE REAL PROPERTY COLLATERAL IS DESCRIBED ON SCHEDULE I ATTACHED HERETO. 1111111 lilli mil "1111111 lilli 111111111 lilli lili lili 414162 03/04/1998 11:419 FS DAVIS SILVI . HUNTER PLAU.a6â‚¬QCIATES, LLP 1 of 4 R 16.00 0 0.00 N 0.00 PITKIN COUNTY CO Â· n / 830 \) E l_--~' ANTHONY J. MAZZA PIÂ·,1- 4-" > MANAGING PARTNER , T. n. 1 \ NI. 601. Re. 10-96. r INANCING FrATÂ·KA,ENT f L'CeÂ·! i Vâ€¢.14â€¢1 1~,4,â€¢MIng. 114) W.,0. 'ti.. t)â€¢aÂ·Â·.i. en ,[)283 -~ton) 7,2.1,ro - 7.47 It) 5â€¢ciet.ry o~ St.. IFI,Ing 01~1Â¢*fl *-*=*. *Tr, .. - -*- . .r*,6â€žâ€ž...6..â€ž-- .. 1 Illill 11111 !11!li lillil 111111111111111 Ill lilli 11111111 414102 03/64/1901 11:419 FS DAVIS SILVI 2 of 4 R 16.00 D 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT A ADDHIONAL SHEET TO FINANCING STATEMENT i Debtor: Hunter Plaza Associates, LLP 205 South Mill Street, Suite 301A Aspen, Colorado 81611 Federal Tax rdentification No. 84-1053432 Secured Party: Norwest Bank Minnesota, National Association Sixth Street and Marquette Avenue Minneapolis, Minnesota 55479-0089 Attention James R. Wenker This Financing Statement covers the following types or items of property: All of Debtor's right, title and interest in and to: (i) all of the buildings, structures and other improvements now standing or at any time hereafter constructed or placed upon the Land (thc "Improvements"); (ii) all lighting, heating, ventilating, air-conditioning, sprinkling and plumbing fixtures, water and power systems, engines and machinery, boilers, furnaces, oil bumers, elevators and motors, communication systems, dynamos, transformers, electrical equipment carpets, draperies, blinds and all other fixtures of every description located in or on, or used, or intended to be used in connection with the Land or any of the Improvements (excluding, however, fixtures owned by tenants occupying space in any building now or hereafter located on the Land); (iii) all hereditaments, easements, rights of way, appurtenances, riparian rights, rents, issues, profits, condemnation awards, mineral rights and water rights now or hereafter Delonging or in any way pertaining to the Land or to any of the Improvements and at] the estates, rights and interests of the Debtor in the Land: (iv) all cash funds, deposit accounts and other rights and evidence of rights of cash, now or hereafter created or held by Secured Party pursuant to the Mortgage (defined below) or any other of the Loan Documents (as defined in the Mortgage), including, without limitation, all monies now or hereafter on deposit in the Tax and Insurance Escrow Fund and the Replacement Escrow Fund (each as defined in the Mortgage); (v) all contracts and agreements now or hereafter entered into covering any part of the Mortgaged Property (83 defined below) (collectively, the "Contracts") and all revenue, income and other benefits thrreof, including, without limitation, management agrecment,3, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Land or tbe Improvements (including plans, drawings, surveys, tests, reports, bonds and governmental approvals) or to the management or operation of any part of the Land or the Improvements; (vi) 111'111 lilli 111'1111'111 lili lilli 111111111 lilli lili lili I 414151 03/04/1998 1113:A UCC 100 DAVIS SILVI 2 of 4 R 0.00 0 0.00 N 18.00 PITKIN COUNTY CO 1 , W .. 1 1!lill lilli lillil illill Ill! Vill illill Ill lilli llil lili 414152 03/04/1~90 11:419 FS DAVIS SILVI 3 of 4 R 11.00 D 0.80 M 0.80 PITKIN COUNTY CO all present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part ofthe Land or the Improvements; (vii) all present and future funds, accounts, instruments, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, trademarks, trade names, Rervice nurks and symbols now or hereafter used in connection with any part of the Land or the Improvements, all names by which the Land or the Improvements may be operated or known, all rights to carrr on business under 5u ch names, and all rights, interests and privileges which Debtor has or may have as developer or dcclarant under any covenants, restrictions or declarations now or hereafter relating to the Land or the Improvements), all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Land or the Improvements, atl notes or chittel paper now or hereafter arising from or by virtue of any transactions related to the Land or the Improvements, and all insurance policies or binders now or hereafter relating to the Mortgaged Property, including any unearned premiums thereon (collectively, the 'General Intingibles"); (viii) all water taps, sewer taps, certificates of occupancy, permits, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Land or the Improvements and ati present and future warranties and guaranties relating to the Improvements or to any equipment fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Land or in the Improvements; (ix) all building materials, furniture, furnishings, equipment, supplies and all other personal propeny now or hereafter located in, or on, or used or intended to be used in connection with the Land or any of the Improvements and all replacements and additions thereto (excluding personal property owned by tenants occupying space in the Improvements), (x) all additions, accessions, increases, parts, fittings, accessories, replacements, substitutions, betterments, repairs and proceeds to, of or for any and all of the foregoing; and ) (xi) any and all after-acquired interest of the Debtor in any of the foregoing, including the Land (all of the foregobg, together with the Land and the Improvements are hereinafter referred to as the "Mortgaged Property.) As used herein, the term 'Land" means the real property located in Pitkin County, Colorado, which is legally described as follows: SEE SCHEDULE I ATTACHED HERETO As used herein, the term "Mortgage' means that certain Deed of Trust, Security Agreement and Fixture Financing Statement dated March - 1998, from Debtor, as grantor, in favor of Secured Party, as beneficiary, as the same may bc amended or supplemented from time to time. MPLI: 1366 1 2-3 1111111 lisil 111111111111 lili lilli 11111111111111 lili lili 414111 03/04/1~8 11:38A UCC100 DAVIS SILVI 3 of 4 R 0.00 D 0.00 N 18.00 PITKIN COUNTY CO I . -2- SCHEQULE-I The Land described in the referenced instrument is located in Pitkin County, Colorado, and is described as follows: Lots K, L, M, N and O, in Block 100, City and Townsite of Aspen. l Except the following portion thereof: A parcel of land being part of Lots K, L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the northwest comer of said Lot K; thence S 75Â°09'11" E 62.44 feet along the north line of Lots K, L and M to the center of a masonry wak Bence S 14' 50'49" W 32.24 feet along the center of said wall; thence N 75' 09' 11" W 16.30 feet along the center of a nlponry wall; thence S 14Â° 50'49" W 4.16 feet along the center of said wall; thence N 75Â°09'11" W 46.14 feet along the center of said wall to a point on the westerly e line of said Lot K; thence N 14Â° 50'49" E 36.40 feet to the point of beginning. 111'lil lilli 111111111111 lili lilli 111111111 lilli lili lili 414112 03/04/1998 11:419 FS DAVIS SILVI 4 of 4 R 18.De D 0.08 N 0.00 PITKIN COUNTY CO 111'111 lilli mil 111111 lili lilli 111111111 lilli lili lili 414161 03/04/1990 11:38A UCC100 DAVIS SILVI 4 4 4 R 0.00 0 0.00 N 16.00 PITKIN COUNTY CO -3- 1 1 3: 1=,0, 41!41/ 11115 1 O,â€ž,LE, li IS Oue co the quality ot tne document being tilme U- 1 - 'Nill ..........131=:Z==.==.-A . j.111111111111111"1 lillillillilli 11'11" lilli lili lili COLORADO UCC-3 STATEMENT OF CHANGE 437880 11/22/1999 09:21A UCC303 DAVIS SILVI Approved by Central Indexing System Board 1 of 1 R 0.00 0 0.00 N 15.00 PITKIN COUNTY CO ' Total Fee = 315 per box + 11 Surcharge ....Â· , Â· |For Allng Ofllcer Use Only â‚¬30 '-, 1STDEBTOR(Putaddhional debtors onattachment) ' Â·'Â·Â·- â„¢' s E ' ''ORIGINAL UCC FILING NUMBER f," -- SSN/FED Tax ID 84-1053432 i Original Filing Number 414161 Name (lm '10 Hunter Plaza Associateg, LLP ' Date & Time of F;ling 3/4/98 11:3812 Street 205 South Mill Street. Suite ]01A Filing Officer of Orio Doc 57 City. Stale, Zip Aspen, CO 81611 , County Book Nurnber County Page Number Real Estate Filing Number 414 1 62 1ST SECURED PARTY (Put additional secured parbes on attachment) COUNTY WHERE 1 ST DEBTOR RESIDES Narne {Last.UAl Morgan Stanley Mortgage Capital Inc. (Ux 2 019,1 Code From Instfuct,or Page M 1385 Broadway, 37th Floor Street 57 Ne'v York, NY 10036 City, State, Zip CHECK IF APPLICABLE ASSIGNED PARTY (Put additional assigned parties on attachment) u This statement is to be recorded in the county real estate records ONLY. X This statement is to be recorded in real Name Clast. 41} Lasalle National Bank, as Trustee estate AND UCC records. Street c/o Midland Loan Services, 210 Wegn lath City, State, Zip Q~;~ CitÂ·', MIC) 64235 (11 noA E FS Fling. Mt n collatefal codes or 4 1 EFS FILING? 1 i YES U NO (: f EFS liling. enter CountÂ¥ Code and off,ctrve Â¢ ates F I E FS FLI,râ€¢@ and all year, coven,d le.r. A 0.3 le S D .ar, i RETURN COPY TO Collateral County From To Code Code Date Date . Nal. Eric Ziegenhorn. Esq. StreeÂ¢ Courtyard Suites Cl' SLBIe Z,0 104 Vietnam Veterans Memorial Drive - Kansas City, MC 64111 - - AMENDMENTS i ASSIGNMENTS .old.e-e .--- .- -- This is a full and complete assignment of all collateral CHECK THE APPROPRIATE BOX (3150,cb ~ as described in the original financing statement. EMAC 1998 Cl MLS# 03-0219472 - TERMINATION RELEASE OF COLLATERAL AMENDMENT After Recording, Return To: X TOTAL ASSIGNMENT Richardson Consulting Group. Inc. PARTIAL ASSIGNMENT 505A San Mann Dnve. #110 - Novato, CA 94945 CÂ»t!. 694:.ye ,*Cr rÂ«/ 1 Sp~.,â€ž Par. %7'tuâ€¢â€¢aÂ· Nct Required Morgan S=anley Mortgage Cap.tai tn:. ----- 'h- e '.-1> 1 "Â·latee Na-li 66.C c _7 r_01 4<1.19- ..... "r Ri, 05 1 396 cEÂ·-3: ls.,,h y,t'Na VE?20,Â·LAY.Je.Â·. FILING OFFICER . Â· ' 't - : V . IllIlli lili Illill Ililll Illl Illill lilli Ill lilli lili lili %9. 414200 03/04/12*8 04, liP ASGN REN DAVIS SILVI 1 of 11 R 56.00 D 0.00 N 0.00 PITKIN COUNTY CO ASSIGNMENT OF RENTS AND LEASES This Assignment is made this 2_ day of March, 1998, by and between HUNTER PLAZA ~ ASSOCIATES, LIP, a Colorado limited liability partnership having its principal place of businos ai 205 South Mill Street, Suite 30]A, Aspens Colorado 81611 (herein called the 'Assignor'), and NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, a national banking assocution, having it, principal place of busine,5 at Sixth Street and Marquette Avenue, Minneapolis, Minnesota 55479-0089 (herein called the 'AssigneeD REC]T >12 The Assignor has executed and delivered to the Assignee its promissory note of even date berewith in the principal amount of $3,000,000, as the same may be renewed, extended, modified or any note shall be issued in substitution therefor (the ~Note'). To secure payment of the Note, the Assignor has executed and delivered to the Assignce a Deed of Trust, Security Agreement and Fixture Financing Statement of even date herewith (as the same 1 1 i 4 may hereafter be amended or supplemented from time to time, the 'Morthage"), covering the..~ 1 Mortgaged Propert) (as defined in the Mortgage) which, among other things, includes the real 4 estate described in Exhibit A attached hereto (the 'Land') and the buildings ancj improvements now or hereafter located thereon (collectively, the 'Improvements" and the Land and the : Improvements are hereinafter sometimes collectively referred to as the 'Property") 2 1 The Assignee, as a coodition to making the 10â€¢n evidenced by the Note, has required the execution of this Assignment. ACCORDINGLY, in consideration of the premises and in funher consideration of the sum of One Dollar paid by the Assignee to thc Assignor, the receipt of which is hereby acknowledged, the Assignor does hereby grant, transfer and assign to the Assignee ati of the right, title and interest of the Assignor in and to (i) any and all present or future leases or tenancies, whether written or oral, covering or affectiog any part of or all of the Property (all of which, together with any and all extensions, modifications and renewals thereoc are hereinafter collectively referred to as the "LeasesÂ» and each ofwhich is referred te as a "LeaseÂ·) and any and all guaranties thereof, and Oi) all rents, fees, charges, profits and other income or payments of any kind due or payable or to become due or payable to the Assignor as the result of any use, possession or occuFancy of all or any part of the Property or as the result of the use of or lease of any personal property constituting a part of the Mortgaged Property (including, but not limited to, minimum rents, additional rents, percentage rents, deficiency rents, security dcposits and liquidated damages following default under Letses, all proceeds payable under any policy of insurance covering loss 4* - 1 Â¥ i. 9 ~03- 1 04 <31 \ Â· w,#aP WWQi'1:24*, 44 . 3~ '12 .~9Â¢ '7. *VA 4 4 ,Â·'.:./.- <>14Â·..<473'149' t.2- 2 1 I Illill lilli mil Ililll lili Illill lilli Ill lilli lilill!1 414200 03/04/1998 04:11P RSGN REN DAVIS SILVI 2 0 11 R 58.00 D 0.00 N 0,23 PITKIN COUNTY CO of rents resulting from untenantability caused by damage to any part of the Property, and all of Assignots rights to recover monetary amounts from any tenant in bankruptcy including, without limitation, rights of rtcovery for use and occupancy and damage claims arising out of defaults linder Leases, including rejection of a Lease) (all of which are hereinafter collectively referred to as 'Rents"), whether the Rents accrue before or after foreclosure of the Mortgage or during the periods of redemption thereof all for the purpose of securing: (a) Payment of all indebtedness evidenced by the Note and all other sums secured by the Mortgage or this Auignment; and (b) Performance and discharge of each and every obligation, covenant and agreement of the Assignor contained herein and in the Mortgage. Adgnor represents and warrants to Assignee that (a) Assignor is the sole owner of the entire I lessor's interes: in the Leases; (b) the Leases are valid, enforceable and in full force and effect and have not been altered, modified or amended in any manner whatsoever except as disciosed in writing to Assignee; M neither the interest of Assignor in the Leases nor the Rents under the Leases have been assigned or otherwise pledged or hypothecated; (d) none ofthe Rents have been collected for more than one (1) month in advance; (e) Assignor has full power and authority to execute and deliver this Assignment and the execution and delivery of this Assignment has been duly authorized and does not conflict with or constitute a default under any law, judicial order or otber agreement affeting Assignor or the Property; (f) the premises Memised under the Leases have been completed and the tenants under the Leases have accepted the sur and have taken possession of the same 00 a rent-paying basis except as explicitly identified on the certified rent roD dated February 26, 1998, delivered by Assignor to Assignee; and (g) there exist no o ffsets or defenses to the payment ofany portion of the Rents. Assignor covenants with Assignee that Assignor (a) shall observe and perform all of the obligations imposed upon the lesser under the Leases and shall not do or permit to be done anything to impair the value of the Leases as security for the indebtedness evidenced by the Note i and atl other sums secured by the Mortgage and this Assignment; (b) shall promptly send to Assignee copies of e!1 notjces of default which Assignor shall receive under the Leases; (c) except in connection with the exercise by Assignor of its remedies upon a default by tenant thereunder, 1 shall not collect any Rents more than one (1) month in advance; (d) shall not execute any other ~ assignment of lessots interest in the Leases or the Rents; (e) shall execute and deliver at the request of Aosignee all such further assurances, confirmations and assignments in connection with the Leases, the Rents and the Property as Assignce shall from time to time require; (f) shall deliver to Asrignee, upon request, tenant estoppel certificates i-rom each commercial tenant of the Property in form and substance reasonably satisfactory to Assignze (provided, however, that Assignor shall not be required to deliver such certificates more frequently than two (2) imes in any calendar year); and (g) shall deliver to Assignee, at Assignee's request, executed copies of all Leases now existing or hereafter vising. Assignor further covenants with Assignee that Assignor (a) shall promptly send to Assignee copies of all notices of default which Assignor shal! send to tenants under the Leases; (b) shall .2. .. I Illill m lilill Illill lill Illill lilli Ill lilli lili lili .,gle , 414200 03/04/1991 04:11/ ASGN REM DAVIS SILVI 3 .f 11 R 55.00 D 0,00 N 0.00 PITKIN COUNTY CO enforce al! of the terms, covenants and conditions contained in the Leases upon the part of the tenants thereunder to be observeu or performed, short of termination thereof; (c) shall not alter, ~ modify or change the terms of any Lease without the prior written consent of Assignee (unless such alterlation, modification or change satisfies the Non-Approval Conditions described below for ~ ~ alterations, modifications or changes with respect to Leases), (d) shall not cancel or terminate any Lease or accept a surrender thereof or take any other action which would effect a merger of the estates and rights of, or a termination or diminution of the obligations of, the tenut thereunder (untess such cancellatiog terminition, surrender or other action satisfies the Non-Approval Cooditions descri'red below for cancellations, termmatio,u, surrer.ders and other similar actions rj with respect to Le,ses); provided, however, that any Lease may be cancelled if at the time of cancd=tion thereof a new Leuc is entered into on substantially the sline terms or more favorable terms as the cancelled Lease; (e) shall not alter, modify or change the terms of any guaranty of any of the Leases or cancel or terminate any mich guaranty without the prior written consent of Assignee. (f) shall not consent to any assignment of or subletting under the Leases not in accordance with their terms, without the prior written consent of Assignee; and (g) shall not wzive, release, reduce, discount or otherwise discharge or compromise the payment of any of the Rents to accrue under the Leases. Assignor further cmÂ·enants with Assignee that (a) upon request, Assignor shall furnish Assignee with executed copies of all I,eases; (b) d] renewals of Leases and all proposed Leases shall provide for rental rates comparable to existing local market rates and shall be arm's-length transactions; and (c) all Leases shall provide that (i) they are subordinate to the Mortgage and any other indebtedness now or hereafter secured by the Property, (ii) tenants agree to afton to Assignee (such attonunent to be effective upon Assignee's acquisition of title to the Property), (Iii) tenants agree to execute such further evidences of attomment as Assignee may from time to time request, (iv) the attornment of tenants shall not be terminated by foreclosure, 69 Assignee may, al Assignee's option, accept or reject such attomment, and (vi) tenants agree to furnish, two times in any calendar year, as Assignee may request, a certificate signed by tenant confirming and containing such factual certifications and representations deemed reasonably appropriate by Assignee The following terms and provisions (the "Non-Approval Conditions') shall apply, in the case of=- (a) bdow, to alterations, modifications or changes to Leases, and, in the case of (b) below, to cancellations, terminations, acceptances of surrender or other similar actions with respect to Leases: (a) Assignee's consent shall not be required for Assignor's alteration, modification or change of a Lease if (i) the Lease to be modified does not involve more than 10.0% of the rentable square feet of the Property, nor provide more than 10.0% of the gross rent payable under all Leases at the Property, (ii) such alteration, modification or change (together with all prior, alteratioms, modifications and changes of such Lease made without Assignee's consent) do not materiall, decrease the obligations of tenant nor materially increase the obligations of the lessor, and (iii) such alteration, modification or change (together with all prior alterations, modifications or changes of Leases mide without Assignee's consent) will not adversely affect the Property, Assignee, or Assignor's -3- -*#--*04#44*/6.. 1111111 lilli 111111 111111 lili 111111 lilli ill lilli lili lili 414200 03/04/1998 04:11/ ASGN REL DAVIS SILVI 4 .f 11 R 54.00 0 0.00 N 0.00 PITKIN COUNTY CO ability to fulfill its obligations under the Loan Documents (other than to a dz minimis extent). (b) Assignee's consent shall not be required for Assignots cancellation, termination - acceptance of surrender or other simitar actions with respect to a Lease if (i) the ten ant } ~ under such Lease is in default beyond all applicable notice and grace periods, (ii) the Lease Â£ f does not involve more than 10.0% of the rentable square feet of the Property, nor provide more than 10.0% of the gross rent payable under all Leases at the Property, and (iii) such 11 cancellation, termination, acceptance of surrender or other similar action will not adversely i i affect the Property, Assignee, cr Assignots ability to fulfill its obligations under the Loan 1 Documents (other than to a 42 minimis extent). lf an Event of Default (as defined in the Mortgage) has occurred and is continuing, Asignor shall 1 not alter, modify, change, cancel, terminate, accept surrender or other similar action with respect to any Lease without the Assignee's consent. l If an Event of Default has occurred and is continuing, Assignor shall not enter into a new Lease without the Assignee's consent unless (i) such Lease does not involve more than 10.0% of the rentable square feet of the Property, nor provide more than 10,0% of the gross rent payable under at! Leases at the Property, (ii) such Lease will not adversely affect the Property, Assignee, or Assignous ability to fulfill its obligations under the, Loan Documents, (iii) such Lease is the result of an arms-length transaction and provides for rental rates comparable to existing market rates, . (iv) such Lease does not contain any terms which would materially affect Assignee's rights under this Assignment or the other Loan Documents, and (v) the term of such Lease (including any renewal or extension term) shall be no less than three (3) years and no more than ten (10) years, except that in the case ofa multifamily property, such term shall be no less than six (6) months. 2 The Assignor further covenants and agrees with the Assignec as follows: 1. Protecting the Se~uritÂ¥ of This Assignment. Should the Assignor fail to perform or observe any covenant or agreement contained in this Assignment, then the Assignee, but without obligation to do so and without releasing the Assignor from any obligation hereunder, may make or do the same in such manner and to such extent as the Assignee may deem appropriate to protect the security hereof, including, specifically, without limiting its general powers, the right to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of the Assignee, and also the right to perform and discharge each and every obligation, covenant and agreement of the Assignor contained in the Leases and in exercising any such powers to pay necessary costs and expenses, employ counsel and pay reasonable attorneys' fees. The Assignor will pay immudiately upon demand at] sums expended by the Assignce under the authority of this Assignment, together with interest thereon at the Default Rate stated in the Note. and the same shall be added to said indebtedness and shall be secured hereby and by the Mortgage. 2. Present Assignment. This Assignment shall constitute a perfected, absolute and present assignment, provided that the Assignor shall have the right to collect, but not prior to accrual -4. : : -- . 41 ":#-,MAÂ·'29*49'PA*#W#,Â·4%(*ri,w'*v>DAÂ· U.U,râ€ž!4"r,re, 4,4 4 .. - -Â· i j 111111111111 mil 111111 lili 111111 11'1111' lilli lill i!11 414200 03/64/1998 04:UP ASON REM DAVIS SILVI i 2 5 of 11 R 5*.00 0 0.08 N 0.00 PITKIN COUNTY CO (except as permitted by the covenants set forth above), all of the Rents, and to retain, use and 2/ Pa enjoy the same unless and until En Event of Default shall occur under the Mortgage or the Assignor shall have breached any warranty or covenant in this Assignment Any Rents which accrue prior to an Event of Default under the Mortgage but are paid thereafter shall be paid to the ~ Assignee 3. Election of Remedies. This Assignment is given as security in addition to the security of the Mortgage. All rights, remedies and powers conferred or granted hereby may be exercised whether or not proceedings to force!ose the Mortgage are pending or have been concluded and whether or not Assignee has exercised or enforced any other right, remedy or power available to 1111 it under or wi.h respect to the Mortgage. Assignee shall not be required to resort first to the security of this Assignment or of the Mortgage before resorting to the security of the other, or : i any other security, and Assignee may exercise the security hereof and of the Mortgage, and any other security conairrently or independently and in such order or preference as it desires. 1 4. Survival of Obligation to Comolv with Mortnge and This Assignment. All of the i Assignor's obligations under this Assignment shall survive foreclosure of the Mortgage, and 1 Assignor covenants and agrees to observe and comply with all terms and conditions of this Assignment throughout any period of redemption after foreclosure of the Mortgage. 5. AssiziwnÂ¢nt of Spedfic LeDics. If Assignee at any time shall request in writing, Assignor will at its own cost and expense execute, deliver and record an instrument of further assurance assigning, or confirming the assignment of, one or more specific Leases, Rents or other interests Â£ transferred hereby. But the failure ofAssignee to request or procure or record such an instmment 1. of further assurance shall not affect or impair the validity or efficacy of this Assignment as it applies to any such interest. L 6. Default. Remedies Upon the occurrence of any Event of Default specified in the ~ Mortgage or upon the breach of any warranty or covenant in this Assignment, Assignee may, at its option, at any time during the continuance of such Event of Default or breach: a. Give written notice to any and al! tenants under Leases, directing them to pay ; Rents due or to become due under the Leases directly to Assignee. Assignor will join in i giving such notice, if requested to do so by Assignee. Whether or not Assignor joins in giving such notice, it hereby authorizes ancl instructs any tenant receiving such notice to pay any and all Rents due or to become due direct]y to Assignee, and Assignor agrees that such payment to Assignee shall discharge such tenant's obligations with respect to the Rents so paid, as fully as if paid to Assignor itself; b. Sue for, collect, settle or compromise any claim for any or all Rents, including actions for the recovery ofRent and actions of unlawful detainer; c. Enter upon, and take possession, use, and enjoyment of the Mortgaged Property and the Rents therefrom, Assignor hereby agreeing to surrender the same to Assigne~and Assignee being entitled to take actual possession of the Mortgaged Property, or any part -5- 8 fic \ 1 lilli lilli 111111 illil 1111111111 lilli 11111111 lili Ill 414200 03/04/1991 04,11P ASGN REN DAVIS SILVI E 1 of 11 R 51.06 0 0.00 N 0.00 PITKIN COUNTY CO thereof personally or by its agents or attorneys, with or without force and with or without process of law; enter upon and take and maintain possession of any and at! documents, books, records, papers and account of Assignor, Assignee being further entitled to exclude Assignor, its agents or servants, wholly therefrom; d. Hold, operate, manage and control the Mortgaged Property and conduct the business thereof, either personally or by its agents, with full power to use such measures, legal or equitable, as in its discretion, or in the discretion of its successors or assigns, it mky deem proper or Dece:sary; e. Make, or modify Leases with any party or parties e such Rent and upon such terms u in its discretion Assignec may determine, enforce and discharge Leases including i the full power to cancel or to terminate any Lease or sublease for any cause or on any ground which would have entitled Assignor to cancel the same, obtain and evict tenants, elect to disaffirm any Lease or sublease inade subsequent to the aforesaid Mortgage or subordinated to the lien thereof; 71-; 1 f Make all necessary and proper repairs, demgtin renewals, replacements, altera:ions. additions, betterments and improvements to the -:lortgaged Property that may seem judicious in Assignees discretion; : i g. Insure and reinsure the Mortgaged Property for all risks incidental to Assignee's , 1. possession, operation and management thereof; ~ j li h. Draw upon, use and take possession of any account containing tenant security deposits to return said deposits to tenants or otherwise dispose of said deposits as provided by Lease or applicable law; i. In each of the above, do so without notice and with or without bringing any action or proceeding, and by Assignee's own employees or by a property management firm or corporation; - j. Apply to a court for the appointment of a receiver without any showing of waste 5 of the Mortgaged Properly, inadequacy of the Mortgaged Property as security or insolvency of Assignor, to which appointment Assignor hereby consents; and N k. Exercise and enforce any or all other rights or remedies available to Assignee under the Mortgage or otherwise available at law, in equity or by agreement. Assignor hereby consents to antry of a mandatory injunction requinng it to give effect to this Assignment. The exercise of any of the foregoing rights or remedies and the application of the rents, fees. charges, profits and income pursuant to paragraph 7, shall not cure or waive any Event of Default (or notice of Default) under the Mortgage or invalidate any act done pursuant to such notice, or preclude Assignee ftom exercising any right or remedy availabb to it under the Mortgage, the Note, or otherwise by law or agreement. Any delay by Assignee in exercising any -6- 4 - 644440*WA#.ija.-I...'.#'p.*'*.w- ./91.-' -'w Ff *94'1414<4'*I--".1-*.t-'MIA&144* t. 6.- Â»le..... V..lillll.. v.. .- f~ti.etti:FRR~%4:9.4*fltes..# 1 1111111 lilli 111111111111 lili 111111 lilli 1111111' lili lili 414200 03/84/1991 04:11/ ASGN REN DAVIS SILVI 7 .f 11 R 54.00 D 0.00 N 0.00 PITKIN COUNTY CO right, remedy or power described or referred to in this paragraph or elsewhere in this Assignment ~ shall neither be a waiver of nor preclude the exercise of such right or remedy. All such rights, remedies and powers shall be distinct and cumulative and may be exercised singly or serially On 4 any order) or concurrently, and as often as the occasion therefor arises. 7. ADdication of Rents. All Rents collected by the Assignee or the receiver each month shalt be applied as follows: to payment of all reasonable fees of the receiver approved by the court; b. to payment of all tend security deposits then owing to tenants under any of the Leases pursuant to the provisions of applicable Calorado law; : c. to payment of all prior or current real estate taxes and special assessments With respect to the Mortgaged Property, or ifthe Mortgage requires periodic escrow payments for Buch taxes and assessments, to the escrow payments then due; d. to payment of all premiums then due for the insurance required by the provisions of the Mortgage, or if the Mortgage requires periodic escrow payments for such premiums, to the escrow payments then due; e. to payment of expenses incurred for normal maintenance of the Mortgaged Property; f if received prior to any foreclosure sale of the Mongaged Property, to the Assignee for payment of the indebtedness secured by the Mortgage or this Assignment, but no such payment made after acceleration of the indebtedness shall affect such acceleration; g. if received during or with respect to the period of redemption after a foreclosure sale of the Mortgaged Property: i. if the purchaser at tile foreclosure sale is not the Assignee, first to the Assignee to the extent of any deficiency of the sale proceeds to repay the indebtedness secured by the Mortgage or this Assignment, second to the purchaser as a credit to the redemption price, but if the Mortgaged Propeny is not redeemed, then to the purchaser ofthe Mortgaged Property; f ii. if the purchaser at the foreciosure sale is the Assignee, to the Assignee to the extent of any deficiency of the salc proceeds to repay the indebtedness secured by the Mortgage or this Assignment and the balance to be retained by the Assignee as a credit to the redemption price, but if the Mortgaged Prcperty is not redeemed, then to the Assignee, whether or not any such deficiency exists. -7- .. 11111!11111' lilli lilli 1111111111 lilli 1111'Ill lili'111 414200 03/04/1998 04:11P ASGN REN DAVIS SILVI 0 4 11 R 58.00 0 0.00 N 0.00 PITKIN COUNTY CO The rights and powers of the Assignee under this Assignment and the application of Rents under this paragraph 7 shall continue until exphtion of the redemption period from any foreclosure sale, whether or not any deficiency remains after a foreclosure sale. 8. No Liability for Art-1 The Assignee shall not be obligated to perform or discharge nor does it hereby undertake to perform or discharge, any obligation, duty or liability of the Assignor under the Leases. This Assignment shall not operate to place upon the Assignee responsibility for the control care, management or repair of the Mortgaged Property or for the ccning out of any of the terms and conditions of the Leases. The Assignee shall not be responsible or liable for any waste committed on the Mortgaged Property, for any dangerous or defective condition of the Mortgaged Properly, for any negligence in the management, upkeep, repair or control of the Mortgaged Property or for failure to collect the Rents. .. 9. Assignor's Indemnification. The Assignor shall and does hereby agree to indemnify and to hold the Assignee harmless of and from any and al! claims, demands, liability, 1033 or damage finchiding all costs, expenses, and reasonable attornefs fees in the defense thereof) asserted again# imposed on or incurred by the Assignee in connection with or al a result of this Assignment or the exercise of any rights or remedies under this Assignment or under the Leases or by reason of any alleged obligations or undertakings of the Assignee to perform or discharge any of the terms. covenants or a.greements contained in the Leases other than any such claims. demands, liability, loss or damages arising solely from the Assignee's willful misconduct or gross negligence. Should the /.ssignee incur any such liability, the amount thereof together with interest thereon at the Default Rate stated in the Note, unless payment of interest at such rate would be contrary to applicable law, in which event such sums shall bar interest at the highest rate permitted by applicable law, shall be secured hereby and by the Mortgage and the Assignor shall reimburse the Assignee therefor immediately upon deÂ·mind. 10. Authorization to Tenant. Upon notice from the Assignec that it is exercising the remedy set forth in paragraph 6(a) ofthis Assignment, the tenants under the Leases are hereby irrevocably authorized and directed to pay to the Assignee al] sums due under the Leases, and the Assignor hereby consents and directs that said sums shall be paid to the Assignee without the necessity for a judicial determination and without any other inquiry as to whether an Event of Default has occurred under the Mortgage or a breach of any warranty or covenant has occurred hereunder or th# tbe Assignee is entitled to exercise its rights hereunder, and to the extent such sums are paid to the Assignee, the Assignor agrees that the tend shall have no further liability to the Assignor for the same. The signature of the Assignee alone shall be sufficient for the exercise of any rights under this Assignment and the receipt of the Assignee alone for any sums received shall be a full discharge and release therefor to any such tenant or occupant of the Property or any part thereof. Checks for at! or any part of the Rents collected under this Assignment shall upon notice from the Assignee be drawn to the exclusive order of the Assignee. From and after the giving of such notice, any Rents received by Assignor shall be held in trust by Assignor, and Assignor shall promptly pay such Rents to Assignee to be applied by Assignce in accordance with paragraph 7 above -8- -44%'fr>e'/7.'1.- /:T 111'll' llill mil 111111 lili lim lilli n' Im lili 1111 414200 03/04/1998 04:11P ASGN REM DAVIS SILVI 1 of 11 R 56.00 0 0.00 N 0.00 PITKIN COUNTY CO 1I. Satisfaction. Upon the payment in full ofall indebtedness secured hereby as evidenced by a recorded satisfaction of the Mortgage executed by the Assignee, this Assignment shall, without the need for any further satisfaction or release, become null and void and be of no further effect. 12. Assignce an Attorney-In-Fact. The Assignor hereby irrevocably appoints the Assignee, and its successors and assigns, as its agent and attorney-in-fact, which appointment is coupled with an interest, with the right but not the duty to exercise any rights or remedies hereunder and to execute and deliver during the term of this Assignment such instruments aa the Assignec may deem appropriate to make this Assignment and any further assignment effective, including without limiting the generality of the foregoing, the right to endorse on behalf and in the name of the Assignor *11 checks from tenants in payment ofRents that are made payable to the Assignor. 13. Assignee Not a AssignÂ¢Â¢ in Possession. Nothing herein contained and no actions taken pursuant to this Assignment shall be construed as constituting the Assignee a mortgagee in possession. 14. Unenforceable Provisions Severable. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Assignment invalid, unenforceable or not entitled to be recorded, registered or filed under any applicable law, If any term of this Assignment shall be held to be invalid, illegal or unenforceable, the validity of other terms hereof shall in no way be affected thereby, It is the intention of the parties hereto, however, that this Assignment shall confer upon the Assignee the fullest rights, remedies and benefits available pursuant to applicable Colorado law. 15. Successors and Assigns. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to the respective successors and assigns of the Assignor and the Assignce, including any purchaser at a foreclosure sale. 16. Captions; Amendments: Notices: Gover Eng Law. The captions and headings of the paragraphs of this Assignment are for convenience only and shall not be used to interpret or define the provisions ofthis Assignment. This Assignment can be amended only in writing signed by the Assignor and the Assignee. Any notice from the Assignee to the Assignor under this Assignment shall be deemed to have been given when given by the Assignee in accordance with the requirements for notice by the Assignee under the Mortgage. This Assignment shall be interpreted in accordance with the substantive larvs (but not including conflict laws) of the State ofColorado. 17. Countervarts. This Assignment may be executed in any number of counterparts, each of which shall be an original but all ofwhich shall constitute one instrument. 18. Personal Liabilitv. Notwithstanding anything to the contrary contained in this Assignment the liability of Assignor and its general partners for the indebtedness secured hereby and for the performance of the other agreements, covenants and obligations contained herein shall be limited as set forth in the Note. -9- - 41/VAT/Ar/971/-, w-,9,.r-~..â€ž-r.... -- - _ --- -- - 10 of 11 R 50,00 D 0,00 N 0.00 PITKIN COUNTY CO - 10- ....6.'. .n,~ ~E.-5.t~ *relYMMR#2*11 i IN WITNESS WHEREOF the Assignor has executed this A5signment as of the day and year first-above written- HUNTER PLAZA ASSOCIATES, LLP f By. / Â·-) Â£-<mne: Anthony J. Mana Title: Minaging Partner STATE OF COLORADO ) COUNTY OF ~14-1.u n >SS. 1 1 kol ' The foregoing instrument was acknowledged before me this 03 - day of March, 1998, by Anthony J. Mazza, the Managing Partner of Hunter Plaza Associates, LLP, a Colorado limited liability partnership on behalf of said partnership. Joy & Hgens/No~y Ribk My Commission e*ims *98 , 2 'LOTAR, ... P Asc~ ~1~48~611 Notary P*ic This instniment was drafted by: Winthrop & Weinstine, P.A 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, MN 55402 (612) 347-0700 3200 Minnesota World Trade Center 30 East Seventh Street ~ St. Paul, MN 55101 (612) 290-8400 MFLI: 234792.3 1 lilli lilli mil lilli lili 111111 lilli 111111111111 lili 4142~ 03/04/lle* 04,11, ASON MEN DAVIS SILVI 10 0 11 R 54.00 0 0.00 N 0.00 Pin(IM COUNTY CO â€¢ -10- -- 1 4 - P -- ill' ... '24. I Â£ .. EXHIBIT A TO ASSIGNMENT OF RENTS The Land described in the referenced instrument is located in Pitkir County, Colorado, and is described u followsÂ· Lots K, L, M, N and O, in Block 100, City and Townsite of Aspen. Except the following portion thereofi A parcel of land being part of Lots K L and M, Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the northwest comer of said Lot K thence S 75Â° 09' 11" E 62.44 feet along the north line ofLots K, L and M to the center of a masonry wall; thence S 14'50'49" W 32.24 feet along the center of said wall; thence N 75Â° 09'11" W 16.30 feet along the center of a masonry wall; thence S 14'50'49" W 4.16 feet along the center of said wail; thence N 75~09'11" W 46.14 feet along the center of said wall to a point on the westerly line of said Lot K; thence N 14Â° 50'49" E 36.40 feet to the point of beginning. 1111111 lilli mil 111111111! 11111111111111111111111 lili 414200 83/34/1990 04: 11P ASON REN DAVIS SILVI 11 â€¢f 11 R 54.80 D 0.00 N 0.00 PITKIN COUNTY CO UNO.; . ' .1.17"f.t~'wÂ·:R.Zswrm- --lib .i'Â· Â· 2. 2;1Â·Â· 322Â·Â·*6.- ASSIGNMENT OF DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES This Assignment of Deed of Trust and Assignment of Rents and Leases (the -Assignment") is made and entered into as of the -2.Liday ofMarch, 1998, by NORWEST BANK MINNESOTA NAIIONAL ASSOCIAIION, a national banking association ("Assignor"), for the benefit of MORGAN STANLEY MORTGAGE CAPITAL INC. ('&53ience"). Assignor made a mortgage loan in the principal amount of Â£3,000,000, dated of even date herewith ('Loan") to Hunter Plaza Associates, LLP, a Colorado limited liability partnership ("Borrower). The Loan is secured by, among other things, (i) a Combination Deed of Trust, Security Agreement and Fixture Financing Statement ('Morticate") executed by Borrower dated of even date herewith, and recorded on March 1, , 1998, as Document No. 4 14160 in the office of the County Recorder/Registrar of Titles, of the State of Colorado, and (ii) an Assignment of Rents and Leases (the i") executed by Borrower dated of even date herewith. and recorded on March 4, , 1998, as Document No- 414700 , in the office of the County Recorder/Registrar of Titles of the State of Colorado, both of which cover, among other things, the real property described on Exhibit A attached hereto. The Loan, Mortgage, Assignment ofRents and any and all other documents evidencing, governing or securing the Loan are herein collectively referred to as the "Loan Documents'Â· 2. Assignor desires to assign, transfer and convey all of its right, title and interest in the Loan, Mortgage, the Assignment of Rents and the Loan Documents to Assignee. NOW THEREFORE, in consideration of the recitals stated above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor agrees as follows: 1. Assignor hereby assigns, transfers and conveys to Assignee all of Assignor's right, title and interest in, to and arising out of the Loan, Mortgage, the Assignment cf Rents and the Loan Documents. 2. The terms and provisions of this Agreement shall insure to the benefit of, and shall be binding upon the successors and assigns ofthe parties hereto. 3. This Assignment shall be construed and erforced according to the laws of the State of Minnesota, 4, Assignor agrees to execute and deliver to Assignee such other documents as may be reasonably necessary in order to effectuate the transaction contemplated hereby. 1111111 lilli 111111 111111 lilli 1111111111111 lilli lili lili 418363 14/07/1*98 04:Bll' MON OT DAVIS SILVI 1 ., 3 * 16.00 0 6.De N 0.00 PITKIN COUNTY CO ~.'..-r lau 01 j - I. 2, 72 A ~141#1*r,i~~air,~SEW,Eff,Â¢1â‚¬Â·9'4.**EF'*4~ew,;.:r-:55:.1 ..:t.F~*.le.''e.*99%*...Â»144"1.5 .I; Â·~4- 21'-22-*9 D-Eff#Y,~~ 1,~:544&72~.-.24 4 -- Â·2%> ' I *Â· Â·p'll. ~-~~ ~~~~~~~--~Â·~~ I ~ ~ ~~~~~~~~~:4<--f~~%Â»';4,4ilt-Gfi~ .:* -:IÂ·... ; :f.-r.Â·t1349.#.:*441*419*4: This Assignment is executed as ofthe day, month and year first above written. . ASSIGNOR: .t' 1:17Â·:'-2.. 7.1 &44 ,Â·Â·*:<:p':di.1 'jir NORWEST BANK MINNESOTA, NAIIONAL ASSOCIATION ~ ' By: ~- 44~ -~ - 2 V. Na*e: James K Wenker Titlb: F.ce President Â£ STATE OF MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) Â·Â· 7Â·41 On this 3/ 4 day of March, 1 998, before me, 4,4-*w., 4 1 u-Â£.uu,u , personally appeared James R Wenker, who acknowledged himseli-to be a Vice President o f Nonvest Bank Minnesota, National Association, a national banking association, and that he, as such Vice President being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of such asscciation by himself as Vice President. IN WITNESS WliEREOF I hereunto set my hand and official seal. d 41- i. Â£ TA.1.6- 1 , Notary Public IMA6AA--M~~M~WA~~M~â€¢~â€¢**V~. t JOYCE H. BARTCH NOTARY PUBLIC - MINNESOTA THIS INSTRUMENT WAS DRAFTED BY.Â· 1*azanÂ£23IU Winthrop & Weinstine, RA. CD 3000 Dain Bosworth Plaza 60 South Sixth Street Minneapolis, MN 55402 012) 347-0700 3200 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 I illill lilli Ililll Illl" Ilill 111 Ill~Ill ils lilli lili lili (612) 290-8400 415363 04/67/1901 04:04/ ASGN OT DAVIS SILVI 2 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO WPL]:2]141 1 -2- ..r . . I.-All-I.....'p- 4 -- f 1.CLOA'*IÂ·" 4: ~ '~-'2 -2 . ~~~~tk--2, -03;fi~ ... - EXHIBIT A L.., 0 1 :AN.., TOASSIGNMENT OF DEED OF TRUST AND - ASSIGNMENT OF RENTS AND LEASES . f:10-3:..Afl :.7.'* Legal Description of Real Propertv . The Land described in the referenced instrument is located in Pitkin County, H Colorado, and is described as follows: Lots K L, M, N and O, in Block 100, City and Townsite of Aspen. Except the following portion thereof: A parcel of land being part of Lots K, L and X Block 100, Aspen, Colorado. Said parcel is more fully described as follows: Beginning at the northwest corner of said Lot K; thence S 75' 09'11" E 62.44 feet along the north line of Lots K, L and M to the center of a masonry wall; thence S 14'50'49''W 32.24 feet along the center of said wall; thence N 75Â° 09'11" W 16.30 feet along the center of a masonry wall; thence S 14Â° 50'49" W 4.16 feet along the center of said wall; thence N 75Â°09'11" W 46.14 feet along the center of said wall to a point on the westerly line of said Lot K; thence N 14Â° 50'49" E 36,40 feet to the point of beginning. MPLI: 13!41*-I 1111111 lilli mil 111111 lilli 1111111111 ill lilli 1111 lili 41S383 04/07/ 1900 04,0*P ASON DT DAVIS SILVI 1 of 3 R 11.00 0 8.00 N 0.00 PITKIN COUNTY CO 9 t 4 'Â·' Â· 24'Â·EÂ·Â·4Â·~trâ€¢.:'7: '4'0.2.=1Â¢6;1,4>~*Â·* ~4*Â¥iÂ».9,1,04Â¥0'...'..t 'Ae?#.e;(?Tj':,41%~29:1,Â¢0.,>i*.'t&'0..'.:43'43-*iâ€¢Â·42*:Â· Â·Â·,ov - . -. ' r# ow Â·Â· Â·efp .193Â·42 1 return to: - *A g - : 341.1 . â‚¬;44= . i |Ilil lil" 11"11 lilli Illil lilli lilli Ill lilli lili l!11 4 RICHARDSON 441149 03/06/2000 01:33P ASGN DT DAVIS SILVI CONSUL-ING GROUP, INC. 1 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO 5CgÂ·A :SAN '.94 W.47. SUITE 1,10 NOVATO. CA 4.19.15 Uit; 3Â»7200 ASSIGNMENT OFDEED OF TRUSTAND ASSIGNMENT OFRENTS AND LEASES This A.signment of Deed of Tnist an,! Ass*ment of Rents and Leases (the ".Â·15Â§gam_grl") is ' made and entered in to as of the J.Ht day of*412Â¢44*hy h ORT\'EST B.Â·\NK N E-N NES OTA, NATIONAL ASSOCIATION, a national banking association ("Assignor'l for the benefit of MORGAN STANLEY MORTGAGE CAPITAL INC. ("Assitnee"). Assignor made a mortgage loan in the principal amount of 93.000,000, dated ef even date herewith CLoan") to Hunter Plaza Associates, LLR a Colorado limited liability patinership:"Borrower"). The Loan is secured by, among orker things. * a Combination Deed of Trust, Securitv Acreement and Fixture Financine Statement ('blortizage") - executed by Borrower dated of even date herewith, and recorded on March 4 1998, as Doctiment No. 414180 in the office of the County Recorder/Registrar of Titles. of the State of Colorado, and (ii) an Assignment of Rents and Leases (the Assienment of Rents") executed by Borrower dated of even date herewith, and recorded - >64 r:n : , 199S. as Document No.414200 , in the oil-ice of the County Recorde./Registrar ofTitles of the Stare of Colorado, both ofwhich cover. among other things, the real property described on E.,Jilii A attached hereto The Loan. Mortgage. Assignment of Rents and any and all other documents evidencing. .governing or securing the Loan are herein collectrvely referred to as :he "LoiDecu-nieoti" 2. Assignor desires to assign. transfer and conve>Â· al! of its right, title and interest in the Loan. Morteaee. the Assignment of Rents and the Lean Documents to Assignee NOW THEREFORE. in consideration of the recitals stated above and other good and valuable consideration, the receipt and sudiciency of which are hereoy actiowledged. Assignor agrees as fillioNs: 1 - Assignor herebv assigns, transfers and conveys to Assignee all of A>signor's right. titip and intere.it in. to ind arising out of :he Loan, Mortgage, tile Assignment of Rerts and :he Loan Documents. 2 The terms and provisions of this Accement shall insure 1.0 the bencti: of, and sha:I be binding upon the successors and a:signs o f the pal-t les hereto 3 This Assignment shall be con.trlied .'rd enforced according te 11Â·e I.,ws el' the St,ue of Minnescti 4 Assignor agrees to exect::e and detiver to ..\SNEL,Ce such other documents as may be reas.,nably recessary in order lo eil'ectuate the transact'(Â·-9 conicniplated heteb>Â· TMAU 1 1.14 '' M:.Sh 03-22 1 ,Â·v ;2 ~2 %", " 1-AS ., Li .2,- .- - + ., 7,0 Â·-I Â· 04*0,1 - I.P*WFI. Â· This Assignment is executed as of the day, nionth and year first above written. ASSIGNOR: NORWEST BANK NUNNESOTA. NATIONAL ASSOCIATIOÂ¥ A By 0.... 0%11- - Name: Uames R. Wenker Title Uce President STAIE OF MINNESOTA ) ) SS, COUNTY OF HENNEPIN ) .JA Nla A ey, 0100(3 On this - 62Â£-1 day of :,ladz. 19987 before me, ~'1 ing.5 f Â· Vvi- td re-,<ersorally appeared James R. Werker, who acknowledged himse! f to be a Vice President of Nonvest Bank Minnesota, National Association, a national banking association, and that he, as such lice President being authorized so to do. executed the foregoing instrlinient for the purposes therein contained, by signing the name of such association by himself. as lice President [N WITNESS WHEREOF I hereunto ser my hand and o:Ficial seal 40..wi LL F . /)(d-to â‚¬ Notary Public 4- J.1,â€¢t_ LL rÂ· t,i,LL,I K 1-inS INSTRUMENT WAS DRAFTED BY. iÂ· It':5 Winthrop & Weins:i ne, P. A, (__j .a...'..'&.'-.........'..4.... 30C0 Dain Boswerth Plaza .~~",%'I 60 South Sixth Street JENELLE NALLICK Minneapolis, MN 55402 1822221 . foll) 3,17-0:00 W f CMÂ·rts/XY ElÂ»1 1% 13. XC5 .. 3200 Minnesota World Trade Center 30 East Seventh Street St Paul. MN 55101 11'lill lilli 111111 11111 i'1111111'l lilli lll lilli 11111111 (612) ZOO-3400 441148 03/e8/2e00 01:33P ASGH OT DAVIS SILVI 2 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO Vâ€¢: 1 2144:,r.! 241 I . .2. f Â»J. .r''f , C . '-'I .!1Â· 11 - . -- a , , f . *421 -.2 2.31 44'.1 - . . -ia EXHIBIT A rO ASSIGNMENT OF DEED OF TRUST AND ASSIGNMENT OF RENTS AND LEASES Lecal Description of Real Propertv The I_and described in the reterenced instrument is located in Pitkin County, Colorado. and is described as follows: Lots K. L, M. N and O, in Block 100, Citv and Townsite of Aspen. Except the following portion thereof. A parcel of land being part of Lots K, L and M, Block 100. Aspen. Colorado. Said parcel is more fully described as follows. Beginning at the northwest corner of said Lot K, thence S 75'09'11" E 62.44 feet along the north line of Lots K, L and M to the center of a masonr>Â·wall, thence S 14-'50'20" W 32.24 feer along the center of said wall: thence N 75" 09'11" W 16.30 Feet along the center of a masonry wal. thence S 14' 5049" W 4.16 feet along the center of said v. all, thence N 75'09'11" W 46.14 feet along the center ofsaid wall to a point on the westerly line of said Lot K. thence N 14' 50'49" E 36.40 feet to the point of beginning. ,~ 1 illill lilli Im lilli llillj lilli lilli ill lilli 1111 111 g 441148 03/06/20ee 21:33P ASGN OT DAVIS SILVI 3 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO N! P L 1..9 .4 2 9- ! RECORD AND RETURN TO: I <1!Ill 'IE 111111 11111 lili 111111111111111111111111 - 4 444557 06/28/2000 03:48P ASON OT DAVIS SILVI ... IT* 1 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO Â·j Richrdson Consulting Group 505A San Marin Drive. Suite I 10 Novato. CA 94945 ,S- SPACE AROVE THIS 1.INE FOR K!Â·CORDRICS 1 1\!: ' ~ ASSIGNMENT OF LOAN DOCUMENTS (COLORADO) THIS ASSIGNMENT is made to be effective as o f July 1. 1998. b>Â· MORGAN STANLEY MORTGAGE CAPITAL, INC. ("Assigne["), a New York corporation. having an address at 1585 Broadway, New York, New York, 10036, to and in favor of LASALLE BANK NATIONAL ASSOCIATION flk/a LASALLE NATIONAL BANK. AS TRUSTEE FOR 1 Il{E HOLDERS OF COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES SERIES 1998-Cl ("Assilincg"), a National banking association, having an address at co Midland Loan Senices. Inc., 210 West 1 0th Street. Kansas City. MO 64105. For good and sufficient consideration, thÂ¢ receipt and sufficiency of which are hereby acknowledged. Assignor hercby sells, assigns, transfers, and endorses to Assignee, ks successors and assigns, all its right, title and interest in and to (a) that certain Combination Deed of Trust, Security Agreement and Fixture Filing Statement (ttic "Deed of Trust") executed by HUNTER PLAZA ASSOCIATES. LLP. a ColorÂ·ado limited liability partnership ("Borrower"). in favor of Nom-est Bank Minnesota National Association, a national banking association. dated as of March 2.1998, and recorded March 4, 1 998. as Docunient No. 4141 80 in theo ffice ofthe pitkin Count>Â· Recorder,Registrar of Titles, col- the Slate of Colorado ("Official Recordq"). and (b) that certain Assignment of Rents and Leases (the "Asiignment of Leases") executcd by Borrow er in favor of Nonvest Bank Minnesota National Association dated as o f March 2.1998. recorded March 4. 1998. as Document No. 4 I 4200 in the Official Records. which items (a) and (In were assigned to Assignor by Assignment of Decd o f Trust and Assignment of Rents und Leases dated Januar> 24.2000, and recorded Marcit 6.2000. as Instrument No. 441146. together witlithe Note to which that Deed of Trust is collateral and security, under which Deed o f Trust. Borrouer assigned all of Borrower's rights, interests. and privileges in and to that certain real properly situated in Denver County. Colorado as more particularly set forth in Exhikil-ZMJ attached he=to. FO HAVE AND TO HOLD the Deed of Trust and tile Assignment of I.eases -:o As.,ignee and to .le successors and assigns of Assignce forever. C 70 4, qiÂ£ 7 : 3 N.;.Â»914 - St. ; 2 . Â»~~lme*â€¢M**~80?Y9~~d<Â·:Â·f Â·,g ,. Â·, 7 4 3Â»' fy '* Â·.*Â·Mt{~Â»19<-eN:&,~;39~9-'*.9.1"71.. 1 ~,4-t<Â·c' A~'31';~; Â·'~ 44. : .A , 1 ..1 1 IN WITNESS WTIEREOF, Assignor has caused this Assignment to be executed in its name its duly authorized officer as of the date first written above. ASSIGNOR: .9 MORGANyANUX.MORTGAGE CAPITAL, INC. \.> B.Â·: Cl vA. 6-6.f- Andrew Berman Vice President ACKNOWI FEZEEMENI STATE OF NEW YORK COUNTY OF PEN Yof L On bone /9 . 2000, before me, the undersigned personally appeared Andrew Berman personally known to me (or proven to me on the basis of satisfactory evidence) :o be the person whose tianie is subscribed to the within instrument and acknou ledged to mc that ke executed the same in his authorized capacity. and that by his signature on the instrument the person, or the entity upon behalf of which the person acted. created the instrument. WITNESS my hand and official seal. ... . -- I ..2..... a.. '3~. NotanÂ· in and for s*6@*18]bl~d State 7 t. Notry Public, State 01 N- Ybrk No. 01016027460 r O.JaMMed 10 New York County [SEALJ '' 0 C '. Commission Expires July 06, 2001 4 - . C MiÂ· commission expiresÂ· ; 4. Â¢, I #Ilill lilli 111111111111111 111111 11111111111111 lili illl 444557 06/26/2000 03:46P ASON OT DAVIS SILVI 2 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO /1 \C 1.9. < 'â€¢!t '- 1~t Â·f~/ 144 - l O ' I. Â· Mt#*t~.le'"'r V..V :..#. 0 ' j .+ . 4 494.,4. . M . EXHIBIT A TO ASSIGNMENT OF DEED OF TRUST AND ASSIGNMENT OF RENTS .AND LEASES Le,ial Description of Reai Proper:v The Land described in the referenced instrument is located in Pitkin County, Colorado. and is described as follows: Lots K, L, M. N and O, in Block 100, City and Townsite of.Aspen. Except the following portion thereof: A parcel of land being part of Lots K, L and M, Block 100, Aspen, Colorado. Said parce; is mcre fully described as follows: Beginning atthe northwest comer of said Lot K; thence S 75'' 09'11" E 62.44 feet along the north line of Lets K L and M to the center of a masongÂ· walk thence S 14Â° 50'49" W 32.24 feet iong the center of said wall, thence N 75' 09'11" W 16.30 feet along the center ofamasonry wall; thence S 14' 50'49" W 4.16 feet along the center of said wall: thence N 75Â°09' 1 Z" W 46. 14 feet along tbe center of said wall to a point on the Â·.vester!>Â· line of said Lot K; thence N 14Â°50'49" E 36.40 feet to the point ofbeginning. MPLI:232433-! i illiu lilli 111111 ilill!* lilli! 11111 ill lilli E lili 444557 06/28/2000 03:46P ASGN DT DAVIS SILVI 3 of 3 R 15.00 0 0.00 N 0.00 PITKIN COUNTY CO 11 .. STRUCTURAL CONSULTANTS 3400 East Bayaud Avenue, #300 Denver, CO 80209 INCORPORATED 303/399 5154 Fax 303/ 333 9501 October 12, 2000 Mr. Liam O'Farrell, P.E. DYNATEK TELECOMMUNICATIONS SERVICES 6901 S. Yosemite Street, Suite 200 Englewood, CO 80112 Re: 620 E. Cooper, Aspen - Cell Site SCI # 00-341 05 Dear Liam: The purpose of this letter is to express that our office will review the structural impact of installing new telecommunication equipment on the roof of the building at 620 E. Cooper in Aspen, Colorado. Our scope of services will include analyzing the existing structure from the roof framing down to the foundations for the capacity to support the proposed equipment. We will design and detail supplementary structural framing as required for the installation of the new shelter and antenna mounts. It is our understanding that existing structural drawings will be made available to us for our analysis. At the time of this letter, we have only briefly reviewed the proposed equipment layout. No calculations or analysis has been performed but will be included with the submission of complete Construction Documents. If you have any questions, please contact us at your convenience. Sincerely, STRUCTURAL CONSULTANTS, INC. Reviewed By: Â»zzli.8-kid Patrick J. Farrell, P.E. Lorin I. Lieberman, P.E. PJF4rm ..37/7/I- r. flA. f Frthr.ll.â€¢â€¢'â€¢. (Â§/12,/DO Principals Senior Associates Associates jerry B. Gray, P.E. Bruce R. Wolfe, RE. jill E. Cackowski R. Wayne Muir, RE. Lorin Lieberman, RE. Heath C. Stein, RE. 5.7 31~F ,Â¥Â· m - 7/923"% ~WE. 5 M'll 11/"%: f Nill WA 04 HUNTER -- Â·Â·1Â·49 0 .,141 CO-451C ZONING * rE -1 PROPOSED NEXTEL JOAQUIN PROPOSED FIBERGLASS ROOF MOUNTED 12' X 16' SHELTER PAINTED BRICK Â· ed SCREENING AROUND n HVAC UNITS ON n TO MATCH EXISTING BUILDING PARAPET ~ ~ SHELTER ~ RELOCATED RTV . 1'-6" - -112'-0" - 1 1 1 /V \ FINAL LOCATION 1 . . - DETERMINED AFTER ON ANTENNA FRAME n\\\\ . 4'-3" ~ * MECHANICAL INSPECTION (TYP.) + Af 12'-4" PROJECT DESCRIPTION Z 270* 0 16'-0" ~< INSTALL NEW 12'-0" x 16'-0" CELLULAR EQUIPMENT SHELTER ON ROOFTOP, .= 0 1- STEALTH SCREENING TO MATCH BUILDING. ~*- m M INSTALL NEW 12 PANEL ANTENNAS ON BALLAST SKID MOUNTS AND INSTALL- C-N PROPOSED NEXTEL ~ ~ 14' _ 4" LOCATION JURISDICTION: ASPEN PROPER < * 06 NONPENETRATING DATA N.@ A 27'-0" AGL BALLAST MOUNT BY 620 E. COOPER ZONE DISTRICT: 0 4 <17 2 AGL -00 9 MICROFLECT (TYP) ASPEN, COLORADO 81611 OE= r E 5 2 417. // U U .t~ ~ STAIRWELL Iii 08% E- ' 150 '#4 EXISTING i,{. HVAC UNITS CONTACTS E- (TYP,) LANDLORD: SURVEYOR: ' <27'-0" HUNTER PLAZA ASSOCIATES, LLP FLATIRONS SURVEYING, INC. - 205 S. MILL STREET SUITE 301-A 5717 ARAPAHOE ROAD AGL -~\~ ASPEN, CO. 81611 BOULDER, CO 80303 PHONE: 970-925-8022 FAX: 970-925-6995 . NEXTEL REPRESENTATIVE: ~ NEXTEL COMMUNICATIONS, INC.. ARCHITECT; r JUSTIN ROBINSON 4643 SOUTH ULSTER STREET SUIT # 500 SCOTT PINKHAM 6901 S. YOSEMITE ST. #200 DENVER, COLORADO 80237 ENGLEWOOD, CO. 80112 DYNATEK PROJECT No. PHONE: (303) 994-2495 PHONE: 303-770-2884 . FAX (303)646-5701 FAX: 303-770-2883 SIGNATURE BLOCK SITE NAME: 1 9 L THE UNDERSIGNED ACKNOWLEDGES THAT THE SCOPE OF WORK INDICATED ON THE DRAWINGS REPRESENTS THE INTENDED GENERAL SCOPE OF CONSTRUCTION TO BE ACCOMPLISHED UNDER THE PROJECT. ASPEN r LANDLORD ACKNOWLEDGMENT SITE NUMBER: SIGNATURE: DATE: CO-451C NAME: TITLE: NEXTEL - ACKNOWLEDGMENT SITE ADDRESS: 1 4 SIGNATURE: DATE: ASPEN, CO. 81611 620 E. COOPER NAME: TITLE: DESIGN TYPE: NEXTEL - INTERNAL APPROVALS ~ E-7 SITE DEVELOPMENT [--~ CONSTRUCTION MANAGER En RF ENGINEERING ROOFTOP INSTALLATION DRAWING TITLE: VICINITY MAP ZONING L-\1\f HOPENS--2 44=41 112 ---- 14 A~17!Z 11% - 1/2 Â£~ Coope~)7--<,Â·..4~~jei SITE //2 1/9 l'& It* PATRICK RILEY SCALE DRAWN SY NOT TO SCALE DATE DESIGNED HY AUG 22,2000 N - SHEET OF SEP. 20.2000 1 2 DRAWING NO. REV. NO. ROOFTOP PLAN SCALE: 1/8" = 1' Z-1 1 oot 01!nS lS 01!UIOSOA 'S I ta~UrrldaÂ° Â£88Z-OLL (EOE) :xed 3[ 31EuKa SE[DIAHEIS SNOI.LVE)IN-OWWO IZ,1,8-65L (OEE) :xed '' .' -2 -t ..0,Â¢39.4 . ' .1. 4,1 4 4 >A 4 1,>EE-=KNO.,. PROPOSED NEXTEL PANEL ANTENNAS PROPOSED NEXTEL JOAQUIN MOUNTED ON ROOFTOP, BEHIND 12' X 16' SHELTER PAINTED BRICK STEALTH SCREENING TO MATCH EXISTING BUILDING (150' AZIMUTH) 1'-6" 12'-0" R = 4,= =41 11 11 11 11 9- -41, ' //. , '' . / 0 itil 1111111 llltlll 111 lit 111 11.11 lillill 1 /.1.1 1,1 1. / // /2 1 1 111 lili 1 1 1 t 'll , i 1 lilli' 11 1ill gr. M 33'-0 11 1 . D W A. 64 1 It , ~ 30'-7" /} 11 28'-0" 25'-0" 00 [7-1 07/ W 141/ 1/1 0 . .Â» Ift Â« f Ffl Â« f 0/ 1 '\A//99 /1/ '1; ~,l 1,&* \ U 1 l 11 11 et 4 1/\ il// 1 /1/ 1 1 1 1 / [LI- 1 [al > / Ch Z Cd O Â¢ FIRM SOUTH ELEVATION SCALE: 1/8" = 1' PROPOSED NEXTEL JOAQUIN 12' X 16' SHELTER PAINTED BRICK TO MATCH EXISTING BUILDING PROPOSED NEXTEL PANEL ANTENNAS u MOUNTED ON ROOFTOP, BEHIND g K STEALTH SCREENING 4 66 == (30' AZIMUTH) 12'-0" 1'-6" 11 11 11 11 44 # il l.r == =Li =P 33'-0" 30'-7" + 28'-0" DYNATEK PROJECT No. SITE NAME: HUNTER SITE NUMBER: CO-451C NORTH ELEVATION SCALE: 1/8" = 1' SITE ADDRESS: 620 E. COOPER ASPEN, CO. 81611 DESIGN TYPE: PROPOSED NEXTEL PANEL ANTENNAS MOUNTED ON ROOFTOP, BEHIND ROOFTOP INSTALLATION STEALTH SCREENING 12'-0" (270' AZIMUTH) DRAWING TITLE: 11 11 11 11 U=- - = =U ZONING I I , 11, .// \\ llll l 11 ''JI'l 30'-7" \4 \\ //// 33'-0" \\ NEAfTEL 28'-0" '1/ lili%1 0 ' ' 1 1 lili 0'Â·li --JL-U------JL*-- lili 1 11 1 + AL.E. DRAWN BY 111 1 It MOTTO SCALE PATRICK RILEY DAmÂ· DESIGNED BYÂ· AUG. 22,2 REV. DITE: SHEET 2 OF 2 SEP. 20,2000 DRAWING NO. REV. NO. 31 Z-2 1 WEST ELEVATION SCALE: 1/8" = 1' A- I Â· Â· a r - 003 ouns Â·ls 21!UIOSOA ~S I 1 1 108 ope.Ioloo Po 4 t*BE-OLL (EOE) :Ouo Â£88â‚¬-OLL (Â£00 : nu@AV lUOUII@8 0015 *ZEâ‚¬-8Â£8-008 INOINWO)3131 O!40 'umoisjunoA : (330) 759-847 / 1 lilli 1 -1--_ 2 / / / / / / / 4 1 1 1 1 NEXTEL 1 / / / COMMUNICATIONS b 'Ial-lili 1 1 1 lilli 1 IICI I 1 lili I 4643 SOUTH ULSTER ST, SUITE 50[ 1 1 1 1 01Loct< 100 ~ 1 DENVER, COLORADO 80237 1 Uâ„¢W / / / / / / / PLS 24503 PHONE (303) 781-0091 llllll / FAX (303) 761-8058 lilli 'Fl N 75'09'11 "W lili 46.14' l. - 1 1 / RE 1258 1 G 1 1 Ill S14'50'49"W lilli 4.16' lilli HUNTER PLAZA BUILDIN( TELCO N75'09'11"W --4-- N75'09'11"W/ 1 1 1 1 16.30' 9 4'50'49"W - 4 / 87.56' / -- 32.24 / / / CO- 451 C - 4LD. ELEV. 7947' FND. YELLOW CAP -a' 1 1 ---0- I /1'ELCO - HV --- / / ELEC. COI~--1- / / ~ trRANSFORMER ~ - 4 1 DATE 09/22/00 / HVAC - 1 1 1 RPE 1 / 1 - REVISIONS 0 HYMAN AVENUE j 4 ASPHALT ALLEY 1 1 - NO. DATE ISSUE 150.00 S75'09'11 1 11 - 1 ~--- 1 1 IL-1--L ---0-1 1 7--- 1 - 1 ---- , 1 1 r--- 1 A 1 1,-- 1 1 1 1 1 1 7--- ' ' / ' ,-- C / 1 / /- 1 1/,1, I pl 1 / 1 1 1 .-I-* 1 , 0 , 7.--- FND. CAP < - 1 1 1 1 1 i 1 1 , f ' ---- 1 1 1 ~ 1 1 PLS 19598 / / A 1 1 1 -/W-- 1 / i DeL+Ct 40 l le' 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 , 1 1 1 1 1 1 1 1 /Fl , *CO / L / 1 / / A 1 I j 1 1 1 1 1 / , f , / / INTERIOR / -*-- ' ' ' ' H I .4p 2, i 28Â·125Â¥' 0 / / 1 1 -Â£ 1 1 1 1 1 1 1 ELEC. ROOM 1 1 1 1 ' TELCO ; il l 1 1 ' 1 j It 1 1 It - 1 1 99 1 1 1--__ 1 11 1 i Ni Fo / / 11 lilli , Â«44- / 1 1 , i : / / / *0 ; 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I k 1 1 1 f 1 GND. ELEV. i . 1 It / /4 -4 1 91 1 6---i ------0 - 7928' / FND. CAP , , / / , 0 7946' r HIGH I PLS 19598 H i , I 11 11 / I '-' 0 .1Â£. BLD. ELEV. PARAPET 7957' 1 IR It 1 1 1 / 7/ 1 1 1 , 1 N l FLatirons It 1 1 11 /O ~~~~~~ ~ ~ ~ Surveying, Inc. 1 , FND. CAP ' / / 1 1 1 11 PLS 19598 2.8' HIGH PARAPET 1 i 1 1 1/ | 5717 ARAPAHOE ROAD /1 1 FND. CAP / i PLS 19598 ; / 1 i// - V HIGH PARAPET | BOULDER. CO 80303 - -- 1 1 1 PHONE: (303) 443-7001 -1 , , j l FAX: (303) 443-9830 - - 1 - 1 1 -4.-- 1 - COOPER AVENUE i Surveyor's Statement / 1. JOHN B GUYTON, A DULY REGISTERED LAND SJRVEYOR. UCENSI STATE OF' COLORADO, UWARIZATE FOR AND ON BEHALF Of FL,1 SURVEYING. INC.. m:**~12-299IÂ®NOATIONS. THAT A GLOBAL PC SURVEY OF THEAIOINOIRA..Sâ€¢*PE UNDER WY RESPONSBU ~EE ACC,~ lfORMANON COOPER AVENUE ~6'.Â·0*UCE 83:~epa -~ (/3 0.34 ' 14Â¢,M 6 f %**06 97Â£#Â« ~~~~~~;~ 00--37227 SITE PLAN SCALE: 10 = 40' 1 ENLARGED SITE PLAN SCALE: 1' =20' 1 THIS DRAWING IS COPYRIGHTED AND IS THE PROPERTY OF THE OWNER. IT IS PRO SOLELY FOR USE BY THE OWNER AND ITS AFFI 1 1 1 1 1 THE INFORMATION CONTAINED IN IT IS FOR LOTS K, L, M, N AND O, REPRODUCTION OR USE OF THIS DRAWING & BLOCK 100, SITE NAME: HUNTER PLAZA BUILDING * CENTROID LOCATION WITHOUT THE WRITTEN PERMISSION OF THE CITY OF ASPEN, EXCEPT THE FOLLOWING PORTION THEREOF: --4# CONTOUR A PARCEL OF LAND BEING PART OF LOTS K, L AND M, BLOCK 100, ASPEN, X u..0 SPOT ELEVATION COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: SITE NAME BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K; THENCE SOUTH 75Â° 09' 11' SITE NUMBER: CO-451C ,3 UTILITY POLE EAST. 62.44 FEET ALONG THE NORTH LINE OF LOTS K, 4 AND M TO THECENTEROF A OF SAID WALL; THENCE NORTH 75Â° 09 11â€¢ WEST, 16.30 FEETALONG THECENTEROF SITE ADDRESS, 620 E COOPER HUNTER PLAZA BUILE MASONRY WALL; INENCE SOUTH 14Â° 50' 49' WEST, 32.24 FEET ALONG THE CENTER A MASONRY WALL; THENCE SOUTH 14Â° 50' 49"WEST, 4.16 FEET ALONG THECENTER ASPEN, COLORADO, 81611 OF SAID WALL; THENCENORTH 75Â° 09' 11' WEST, 46.14 FEET ALONG IHECENTER OF SAID WALL TO A POINT ON THE WESTERLY UNE OF SAID LOT K; THENCE NORTH 14Â° 50' 11" EAST, 36.40 FEET TO THE POINT OF BEGINNING. OWNERS NAME: HUNTER PLAZA ASSOCIATES LLP SITE NUMBER i. OWNERS ADDRESS, 205 S, MILL STREET NET AREA OF UNDERLYING PARCELCS), CO-451C LATITUDE: 39*11'16.8' N LONGITUDE, 106'49'02,4' W GROUND ELEVATION: 7957' (NAVD 88) KEY SITE ADDRESS BASIS OF ELEVATIONS, CITY OF ASPEN-GPS CONTROL 620 E, COOPER BASIS OF BEARINGS, GP.S OBSERVATIONS ~ THE LATITUDE AND LONGITUDE OF THE CENTROID HAS ASPEN, COLORADO, 81611 HOP~VE. BEEN GIVEN AT THE APPROX. CENTER OF THE BUILDING RUCO , 1 4-J L USA i Notes: 1) THIS SURVEY DOES NOT CONSnAI IE A 71TLE SEARCH BY FLAnRONS SURVEYING, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. l jotÂ»Of SHEET TITLE 2) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AV<X /31 1 G.P,S. SURVEY ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN â„¢REE YEARS N AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED W~ MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICADON SHOWN HEREON. 3) THIS SURVEY IS VAUD ONLY IF PRINT HAS ORIGINAL SEAL AND i -~0~4/(30 i SIGNATURE OF SURVEYOR. 4) THIS IS NOT A "LAND SURVEY PLAT' OR "IMPROVEMENT SURVEY PLAT". 5) â„¢IS SURVEY AND THE ACCOMPANYING DESCRIPTION(S) ARE NOT SCALE / f SHEET NUMBER 1N1ENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. UNDERLYING EASEMENTS AND O-1 LEGAL DESCRIPTION PARCEL LEGAL DESCRIPTION RIGHT-OF-WAYS LEGAL DESCRIPTION PROJECT AREA PROJECT INFORMATIONI VICINITY MAP DRAWN BY : B. OSBORN #00- 1 HUNTER STREET . 1 1 1 1 1 1 1 1 -7-- e 1 1 1 1 1 1 1 Lu / 4 1 / 1 1 N EXTEL A-- 2 1 t / / / 1 / COMMUNICATIONS O 1 'Bllili 33 lili ill 1 1 10 1 1 1 1 / 1 1 0 ~LOCR 100 /// 4643 SOUTH ULSTER ST, SUITE 500 =ft& 1 1 1 1 DENVER, COLORADO 80237 Il lili Iii' 'El I PHONE (303) 781-0091 / / / / / FAX (303) 761-8058 1 1 1 1 1 1 F I N7509'11" 1 i 1 1 i / 46.14' L - / FND. CAP / / / PLS 19598 / 9 1 S 4' 0'49"W lilli .16' -- / / / / HUNTER PLAZA BUILDING N75'09'11"W -1 TELCO -- ~75'09'11"W, 1 - - 16.30' S14'50 9"W - - ~ -1 / 87.56' / FND. YELLOW CAP-1 -- ~BLD. ELEV. 7947 32.2 / / / CO- 451 C - 1 1 --1 I j - 1 1 - HVA -- / gEL.CO - ELEC. COND - - 1 / 1 #RANSFORMER HVAC - 1 1 4 1 - 4 / DATE 09/22/00 1 1 PIPE , j) 1 -4 r-- ----7 O - REVISIONS 0 -1-' U, 4 1 VENTS NO DATE ISSUE HYMAN AVENUE ~ ~ ASPHALT ALLEY 1 1 7--- 1-- 1 1 1 L J--4- 11/02/00 BLD. AND PARCEL SQ. FT. -- , 1 7-0- I 4 - Al i 1 1 1 -- 1 1 1 , 1 N /1. 1 1 1 1 1 ' 1 1 1 1 -- 1 'A 1 1 1 1 1 1 1 1 0--- FND. CAP 9. i 1 1 1/ 1 lAi 1 1 , , , PLS 19598 /g 2 4 / / I 1 1 f 1 1 1 J 1 1 1, 1 1 1 1 /16 4 1 j J j j S El,90 $ 1 J , 1 / 1 ! , / f , / j 141,0 / F W. 1 1 I-j , 1 , 1 11 ~gÂ· 1*55 + 1 l i j ' 1 1 1 / / H 0 4 INTERIOR / ' m.co / 1 1 , 1 1 ELEC. ROOM 0) . 1 1 , 1 I 1 191 j 1 1 1 1 1 /Â¥ O ''' l.*r 1.0/6 9 / 1 1 1 ----/0 1 1 1 ? 1 1 i 1 1 1 1 1 1 11 1,1,1 1 30. , 45 // / ASPE[AL-T--A-LLEY 1 1 --- I 1 1 / l t 1 11 --1 j i , ~TAG ' '/, ----' ' i PLS 24303 < / 4 / | 1 1 ' -4 1 63 1 1 4 -L_ 0 ----- -_ ---1- / - PLS 19598 i K /* Al GND. ELEV. 7922 P FND. CAP .. / 1 f , BLD. ELEV. / /-- Â© - 7946 3'HIGH ~, ~ ~ /1 , 1 1 / BLD. ELEV. PARAPET 7957' << 1 1 1 J 1 f N i 1 2 FND. CAP i j , 1 2 f # ' 1 I f 1 1 , 1 P / / , , 09 PLS 19598 2.8' HIGH PARA 6 , , Flatirons ' 1 1 ?U 50: 1 1 Surveying,Inc. 1 1 1 1 IR, END. CAP Â« ' ' ' ' S ' PLS 19598 / , 1 1 ' 5717 ARAPAHOE ROAD , 1 j ' IGH PARAPET - 1 1 BOULDER, Co 80303 1 / 1 PHONE: (303) 443- 7001 --1 j FAX: (303) 443-9830 i --- COOPER AVENUE -[ j Surveyor's Statement 1, JOHN B. GUYTON. 4,~lrIL-GlSW~/)*10 SURVIVOR, UCENSED IN THE STATE OF- COLORAW.YIEFIE~BbillV#4%7419 ON BEHALF oF FL.AllRONS SURVEYING. INC.. ID NE)OG-2-WHIÂ¢*1Â»452:JHAT A GLOBAL POGRONING SURVEY oF- THEAV#IENNA *1*AS 10Â«â€¢11** WY RESPONSIBLE CHARGE COOPER AVENUE AND IS ACCUR~*5.11,Â£'EST oF *Moer,IpÂ®. INFORMAnON AND BEUEn er % 121' 16406 901 0 1 :-= 4.1.4010 ZT>:32'>'261&.,0 COLORADO P.L.S #16406-41#*~i<~ldle' NO 00-37227 PRESIDENT, FLATIRONS SURVEYING. INC SITE PLAN SCALE: 1' = 40' 1 ENLARGED SITE PLAN SCALE; 1' = 20' ~ 1 THIS DRAWING IS COPYRIGHTED AND IS THE SOLE PROPERTY OF THE OWNER. IT IS PRODUCED SOLELY FOR USE BY THE OWNER AND ITS AFFILIATES, LOTS K, L, M, N AND O, SITE NAME: HUNTER PLAZA BUILDING THE INFORMATION CONTAINED IN IT IS FORBIDDEN REPRODUCTION OR USE Of- THIS DRAWING AND/OR BLOCK. + CENTROID LOCATION WITHOUT THE WRITTEN PERMISSION OF THE OWNER. CITY OF ASPEN, EXCEPT THE FOLLOWING PORTION THEREOF: A PARCEL OF LAND BEING PART OF LOTS K, L AND M, BLOCK 100, ASPEN, SITE NUMBER CO-4510 --5350 CONTOUR COLORADO. SAID PARCEL IS MORE FU1LY DESCRIBED AS FOLLOWS: SPOT ELEVATION ~ 5380 6 SITE NAME SITE ADDRESS: 620 E. COOPER BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K; THENCE SOUTH 75Â° 09' 11" r[1) UTILITY POLE EAST, 62.44 FEET ALONG THE NORTH LINE OF LOTS K L, AND M TO THE CENTER OF A ASPEN, COLORADO, 81611 HUNTER PLAZA BUILDING MASONRY WALL; THENCE SOUTH 14Â° 50' 49" WEST, 32.24 FEET ALONG THE CENTER OF SAID WALL; THENCE NORTH 75Â° 09' 11" WEST, 16.30 FEET ALONG THE CENTER OF A MASONRY WALL; THENCE SOUTH 14Â° 50' 49"WEST, 4.16 FEET ALONG THE CENTER OWNERS NAME HUNTER PLAZA ASSOCIATES LLP OF SAID WALL; THENCE NORTH 75Â° 09' 11" WEST, 46.14 FEET.ALONG THE CENTER OF SAID WALL TO A POINT ON THE WESTERLY LINE OF SAID LOT K; THENCE NORTH 14Â° OWNERS ADDRESS: 205 S. MILL STREET 50' 11" EAST, 36.40 FEET TO THEPOINT OFBEGINNING. NET AREA OF UNDERLYING PARCEL(S): 12,795,0 SQ. FT. SITE NUMBER NET AREA OF BUILDING 11,670.0 SQ. FT. LATITUDE: 39Â°11'16,8' N LONGITUDE: 106'49'02.4' W CO-4510 GROUND ELEVATION: 7957' (NAVD 88) BASIS OF ELEVATIONS: CITY OF ASPEN-GPS CONTROL IKEY SITE ADDRESS BASIS OF BEARINGS: G.P.S OBSERVATIONS THE LATITUDE AND LONGITUDE OF THE CENTROID HAS 620 E. COOPER BEEN GIVEN AT THE APPROX. CENTER OF THE BUILDING ~ Notes: J 00 4~4--_ # USA ASPEN, COLORADO, 81611 1) THIS SURVEY DOES NOT CONSTITUTE A n TLE SEARCH BY FLATRONS SURVEYING, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. 2) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS 'OfÂ« *Ll - L AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY 4 1 4-\Ly SHEET TITLE ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN < / S/TE - 1 HEREON. / 3) THIS SURVEY IS VALID ONLY IF PRINT HAS ORIGINAL SEAL AND W~E G,F>,S, SURVEY SIGNATURE OF SURVEYOR. 4) THIS IS NOT A -LAND SURVEY PLAT OR -IMPROVEMENT SURVEY PLAr. 5) THIS SURVEY AND THE ACCOMPANYING DESCRIPnON(S) ARE NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. SCALE Â»400 SHEET NUMBER ; 7- L LEGAL DESCRIPTIONI PARCEL LEGAL DESCRIPTION RIGHT-OF-WAYS LEGAL DESCRIPTION PROJECT AREA PROJECT INFORMATION VICINITY MAP 0-1 UNDERLYING EASEMENTS AND ~#-- ill- ri. DRAWN BY B. OSBORN #00-37227 HUNTER HUNTER 00 ' .2 CO-451C ZONING Â° C,5 ) g .2 PROPOSED NEXTEL JOAQUIN U A PROPOSED FIBERGLASS ROOF MOUNTED 12' X 16' SHELTER PAINTED BRICK SCREENING AROUND n HVAC UNITS ON TO MATCH EXISTING BUILDING PARAPET 30' SHELTER ~~~'~~ FINAL LOCATION 2'-0" - - 1'-6" -- +1 12'-0" - RELOCATED RTV ANPTREONPNOASSEDMON~NTED ON ANTENNA FRAME - DETERMINED AFTER (TYP.) ~ n 4'-3' ~ MECHANICAL INSPECTION PROJECT DESCRIPTION w 270' 0 16'-0" INSTALL NEW 12'-0" x 16'-0" CELLULAR EQUIPMENT SHELTER ON ROOFTOP, .% 41 INSTALL NEW 12 PANEL ANTENNAS ON BALLAST SKID MOUNTS AND INSTALL %Â© e STEALTH SCREENING TO MATCH BUILDING. v M PROPOSED NEXTEL ~14'-4" DATA O t NONPENETRATING _,~ ~27'-0 12 6 AGL LOCATION JURISDICTION: ASPEN PROPER C BALLAST MOUNT BY 620 E. COOPER ZONE DISTRICT: 1 AGL -~ ~- ~~~ ~ MICROFLECT (TYP) ASPEN, COLORADO 81611 E ~dE -00< /l a. 1 1 0 9 00 f C C - STAIRWELL - 4 ggo 1,1 >4 4 i \\ | 150Â° ~ EXISTING ~ HVAC UNITS CONTACTS LANDLORD, SURVEYOR: ~_27'-0" /- HUNTER PLAZA ASSOCIATES, LLP FLATIRONS SURVEYING, INC. AGL -~ 205 S. MILL STREET SUITE 301-A 5717 ARAPAHOE ROAD ASPEN, CO. 81611 BOULDER, CO 80303 PHONE: 970-925-8022 1 FAX: 970-925-6995 NEXTEL REPRESENTATIVE: 2 2 JUSTIN ROBINSON NEXTEL COMMUNICATIONS, INC. 4643 SOUTH ULSTER STREET ARCHITECT; SCOTT PINKHAM SUIT # 500 6901 S. YOSEMITE ST. #200 DENVER, COLORADO 80237 ENGLEWOOD, CO. 80112 DYNATEK PROJECT No. PHONE: (303) 994-2495 . PHONE: 303-770-2884 FAX: (303)646-5701 FAX: 303-770-2883 4 44 SIGNATURE BLOCK SITE NAME: THE UNDERSIGNED ACKNOWLEDGES THAT THE SCOPE OF- WORK INDICATED ON THE DRAWINGS REPRESENTS THE INTENDED GENERAL SCOPE OF CONSTRUCTION TO BE ACCOMPLISHED UNDER THE PROJECT. ASPEN LANDLORD ACKNOWLEDGMENT SITE NUMBER: SIGNATURE: DATE: CO-451C NAME: TITLE: NEXTEL -ACKNOWLEDGMENT , SITE ADDRESS: ~ SIGNATURE: DATE Â· ASPEN, CO. 81611 620 E. COOPER NAME: TITLE: DESIGN TYPE: NEXTEL - INTERNAL APPROVALS ROOFTOP INSTALLATION En SITE DEVELOPMENT E--1 CONSTRUCTION MANAGER E-1 RF ENGINEERING DRAWING TITLE: VICINITY MAP ZONING 02\-9 LL-Â£!OPKINS % /N- --0 f ti 9 - /12 iled lies . $('AlI DRAWN BL 03 REV DATE. strEET OF NOT TO SCALE PATRICK RILEY DATEÂ· 1DESIGNED BY d AUG. 22,200(1~ SEP 20,2000 1 2 N I)*AWING NO, REV. ROOFTOP PLAN SCALE: 1/8" = 1' Z-1 1 I 08 OPE.lotoj 'pOOM@ 8113 *881-OLL (Â£00 :0 Â£88Z-OLL CEOÂ£) :xed 3[Oluuxa : SECOIANEIS SNOLLVO W003731 +EZE-8Â£8 0 ..9. 343 ' ar [ 29- HUNTER CO-451C ZONING 3 1 0 0,5 * C 50 1 0 PROPOSED NEXTEL JOAQUIN , Ul PROPOSED FIBERGLASS ROOF MOUNTED 12' X 16' SHELTER PAINTED BRICK SCREENING AROUND n HVAC UNITS ON n TO MATCH EXISTING BUILDING PARAPET 30' SHELTER ~ RELOCATED RTV 2'-0" -- 1'-6" - -112'-0" -- ~ 1 /,</~ / FINAL LOCATION ON ANTENNA FRAME - - DETERMINED AFTER 1\\\ 1 4'-3" ~ * MECHANICAL INSPECTION 0 PROJECT DESCRIPTION Z 270' 16'-0" A INSTALL NEW 12'-0" x 16'-0" CELLULAR EQUIPMENT SHELTER ON ROOFTOP, .1 M ~ STEALTH SCREENING TO MATCH BUILDING. U 1,1 01 INSTALL NEW 12 PANEL ANTENNAS ON BALLAST SKID MOUNTS AND INSTALL C/)0 7'-1" - PROPOSED NEXTEL 9 NONPENETRATING ~27'_0â€ž 12'-6" Il,1l .1 -t iiI ~14'-4" DATA N.2 AGL LOCATION JURISDICTION: ASPEN PROPER ~ ~ BALLAST MOUNT BY 620 E. COOPER ZONE DISTRICT: MICROFLECT (TYP) ASPEN, COLORADO 81611 44 //A - STAIRWELL POW \\ 150' ~ EXISTING ~ HVAC UNITS Â· CONTACTS <27'-0" LANDLORD SURVEYOR: HUNTER PLAZA ASSOCIATES, LIP FLATIRONS SURVEYING, INC. AGL ~ 205 S, MILL STREET SUITE 301-A 5717 ARAPAHOE ROAD ASPEN, CO. 81611 BOULDER, CO 80303 PHONE: 970-925-8022 FAX: 970-925-6995 NEXTEL REPRESENTATIVE: X X JUSTIN ROBINSON NEXTEL COMMUNICATIONS, INC. 4643 SOUTH ULSTER STREET ARCHITECT; SUIT # 500 SCOTT PINKHAM DENVER, COLORADO 80237 6901 S. YOSEMITE ST. #200 ENGLEWOOD, CO. 80112 DYNATEK PROJECT No. PHONE: (303)994-2495 PHONE: 303-770-2884 14 FAX: (303)646-5701 FAX: 303-770-2883 SIGNATURE BLOCK SITE NAME: 4 9 - THE UNDERSIGNED ACKNOWLEDGES THAT THE SCOPE OF WORK INDICATED ON THE DRAWINGS REPRESENTS THE INTENDED GENERAL SCOPE OF CONSTRUCTION TO BE ACCOMPLISHED UNDER THE PROJECT. ASPEN LANDLORD ACKNOWLEDGMENT SITE NUMBER: SIGNATURE: DATE: CO-451C NAME: TITLE: SITE ADDRESS: NEXTEL - ACKNOWLEDGMENT 1 2 SIGNATURE: DATE: ASPEN, CO. 81611 620 E. COOPER NAME: , TITLE: DESIGN TYPE: NEXTEL - INTERNAL APPROVALS ' . DRAWING TITLE: ROOFTOP INSTALLATION E-nSITE DEVELOPMENT E-1 CONSTRUCTION MANAGER |~1 RF ENGINEERING VICINITY MAP ZONING L.\0 11Â§ - e COO~ ~ /4 ili . SITE ~1-410 1% SCALE. DRAWN M NOTTOSCALE PATRICK RILEY 7- f. DATE DESIGNED BYÂ· AUG. 22,2000 REN.DATF. SHEET OF SEP. 20,2000 1 2 N DRAWING No, REV. NO ROOFTOP PLAN SCALE: 1/8" = 1' Z-1 1 ooz ounS 'ls Z I I 08 opmol 4882-OLL (Â£00 :ouoqd Â£88Z-OLL (EOE) :xed 131Euka SEDIAME[S SNOUVOINAWINOOE[13[1 t,ZZÂ£-8Â£ I *8-65L (OEE) ff .. PROPOSED NEXTEL PANEL ANTENNAS PROPOSED NEXTEL JOAQUIN MOUNTED ON ROOFTOP, BEHIND 12' X 16' SHELTER PAINTED BRICK STEALTH SCREENING TO MATCH EXISTING BUILDING (150' AZIMUTH) 1'-6" 12'-0" AL B = 4= =41 lin -*#* 9 1 It 11 11 Ir= -1,1 '// 11 11 #Illill Ilil 11 111 lit 111 11.11 lillill lilli 1 1 111'll l.1 1 lit e 50 It 1111111 tllllll 11 1 111 111 33'-0" ac 1 1 W Ul 1 11 ~ 30'-7" 28'-0" 25'-0" 1 R/-- [773 Fl Â»/ 2 E Â« f 20 9 4 // 1 I.If 1 1 1111 CU [7-1 1 1 ! 1 1 ./// i /// i 1 11 / 5 / 1\1 i i / 1 / / ~ I .~12 ~ / / / / 71 41 f Â·C 0 -- 2-1-1-2-*~7*4/./AA/ ~ go SOUTH ELEVATION SCALE: 1/8" = 1' >.- 3 =0 O 6 PROPOSED NEXTEL JOAQUIN O 12' X 16' SHELTER PAINTED BRICK 2 11 TO MATCH EXISTING BUILDING PROPOSED NEXTEL PANEL ANTENNAS CE MOUNTED ON ROOFTOP, BEHIND &11 So .c STEALTH SCREENING E- (30' AZIMUTH) 12'-0" 1'-6" 7-44= JIll 11 11 H .11 -S- -- - 101 Ir - 7 -- 33'-0" 30'-7" 28'-0" 0 DYNATEK PROJECT No. SITE NAME: HUNTER SITE NUMBER: CO-451C NORTH ELEVATION SCALE: 1/8" = 1' SITE ADDRESS: 620 E. COOPER ASPEN, CO. 81611 DESIGN TYPE: PROPOSED NEXTEL PANEL ANTENNAS MOUNTED ON ROOFTOP, BEHIND ROOFTOP INSTALLATION STEALTH SCREENING 12'-0" (270' AZIMUTH) =7' DRAWING TITLE: 11 11 11 11 Lf=- - ==U ZONING , , 1 . / >fl \\ lili llt \\ lili 30'-7" \\ //// l.lilli \\ 33'-0" ......1 28'-0" 1 - / SCALE DRAWN BY l NOT TO SCAL.E PATRICK RILEY \ / DATEÂ· DESIGNED BY AUG. 22,2 REV. DATE: SHEET 2 2 SEP. 20,2000 DRAWING NO, REV. NO. WEST ELEVATION SCALE: 1/8" = 1' Z-2 1 '4, 002 01!nS ~ls 01!UIOSOA 'S I El I 08 opluoloo 'pooaol +882-OLL (EOE) :ouolld Â£883-OLL (Â£00 :xed 1 t Olin *EZE-8Â£8-008 :ouo 1 L48-65Â£ (0Â£Â£) :Xerl j.- PROPOSED NEXTEL PANEL ANTENNAS PROPOSED NEXTEL JOAQUIN - MOUNTED -ON ROOFTOP, BEHIND 12' X 16' SHELTER PAINTED BRICK STEALTH SCREENING TO MATCH EXISTING BUILDING (150' AZIMUTH) 1'-6" 12'-0" Illk rk ==D= =11 lili 1---0 E H il 11 U= = .=10 2 -8- . I .// , '1 ./ 0 1 /1 1/1/111 lllllll Ill lili lll 111 11 1 1 1 1 1 1 1 illl 1 1 1 Ill 1.1.t 1 1 1 -* 12 M 1 Illilll Ifilill 11l 11 j 11/ lt/ O 50 0 33'-0" 106 1 1 \\ 40 W A 1. 11 ~ 30'-7" It 11 28'-0" 25'-0" 1 // //// 1//./////// m,/////// /////\\ 1 1 1 1lili 2 4/ f l'/ tt 1 11 \r 1 1 1/ 1 / It I It 1 1 1/1 \ 1/1 1 SOUTH ELEVATION SCALE: 1/8" = 1'â€ž PROPOSED NEXTEL JOAQUIN 12' X 16' SHELTER PAINTED BRICK TO MATCH EXISTING BUILDING PROPOSED NEXTEL PANEL ANTENNAS MOUNTED ON ROOFTOP, BEHIND STEALTH SCREENING (30' AZIMUTH) 12'-0" 1'-6" 8- -41- -4 - 11 1, 11 H 44 ~11 -=11 1#~ 33'-0" 30'- 7" 28'-0" DYNATEK PROJECT No. SITE NAME: HUNTER SITE NUMBER: CO-451C NORTH ELEVATION SCALE: 1/8" = 1' SITE ADDRESS: 620 E. COOPER ASPEN, CO. 81611 DESIGN TYPE: PROPOSED NEXTEL PANEL ANTENNAS MOUNTED ON ROOFTOP, BEHIND STEALTH SCREENING ROOFTOP INSTALLATION 12'-0" (270' AZIMUTH) [1= = 4 = 4... 41 DRAWING TITLE: 11 11 11 11 Lp== - ==LI ZONING I . / ./' \\ 1/tl lll 11 lili 30'-7" \4 \\ //// 33'-0" \\ \ NEATEL 28'-0" I11 / 1/1 li / AL. DRAWN BY: 1 1 /~ \ NOT TO SCALE PATRICK RILEY \ Det DENONED BY: AUG. 22,2 REV DATE .HEET OF SFP 20,2000 2 2 DRAWING NO. REV. NO. WEST ELEVATION SCALE: 1/8" = 1' Z-2 1 OOE 01!nS lS 01!too Z I I08 opeioloj *88E-OLL (â‚¬0Â£) EBBE-OLL (Â£00 :xed 131EUXG SE[DIANE[S SNOI.LVOINEW~IWOO3731 t ounS onUOAv luOUII@8 00 I 5 509*# 0!40'IMAO}SSUnOA +EZE-8Â£8-008 1uotld ILfS-65Â£ COEE) :xe:[ / I lili 1 7-- 2 1 1 1,1 1 1 1 / / /!\1 EXTEL LICD. lim 1 '69 4 2 1 1 / / / / / COMMUNICATIONS 1 j b lial||11 T 1 1 1 1 1 1 1 1 IICI 1 1 ! l lili 1 4643 SOUTH ULSTER ST, SUITE 50[ E~LOCK 100 1 1 1 1 151 1 1 DENVER, COLORADO 80237 1 lilli 1 i ''111Ell PHONE (303) 781-0091 1 1 1 1 1 1 1 1 FAX (303) 761-8058 11111191 N75'09'11"W / 1 / L 1 1 46.14' / m. 1%%8 / / / G \ 1 1 1 1 1 S14'50'49"W 1 1 1 1 1 S75 09'11 4.16' lilli HUNTER PLAZA BUILDIN( - 16.30' S14'50'49"W -4 / 87.56' / -- TELCO 150.00 N75'09'11"W -4-- N75'09'11"W / / -l 1 1 1 - 32.24 - / ~BLD. ELEV. 7947' nID. YELLOW CAP~// CO-451C 1 I - HV - - 1 1- - / /TELCO 1 1 ELEC. COND - - -~ / / hRANSFORMER / HVAC / DATE 09/22/00 1 1 1 -1-- / / / PIPE I 1 --1% REVISIONS F--* --- ~~~~AN 4 VENUE 1 1 VENT~ 0 ASPHALT ALLEY 1 1 1 11 NO. DATE ISSUE 7--/* - 6J 1 1 --* T-- 1 1 IL J--L -- - LJ - 1 1 i 1 1 -I--- 1 1 - 1 1 1 - A f ~ i i T--- 1 1 1 4 -7---- 1 1 - / 1 1 ' 1 7--- FND. CAP ~ ~ ~ / 1 1 ---- t ; 1 j ; 1 PLS 19598 1 1 1 1 1 Â¢ 1 2 6 .~ 4 4 1 1 1 ,"(~ DeÂ£04 14 / 0,Â° 1/ A y , , I if' 91 tri 1 1 1 1 1 1 # 1 ' 1 1 1 1 1 1 1 j / 1 1 1 1 1 i It 1 1 1 9 1 1 1 1 ' ' 1/Re. litw - 1 1 1 tilt 1 1 1 C--- ; 1 1 1 1 1 1 / INTERIOR ELEC. ROOM ~* b / 4 0 / / 1 1 1 1 --4- ' TELCO ~ f ~ , ; ; 1 4 1 lilli i j 1 1 1 1 1 1 / / / 9 9 / / 1 1 / 1 1 ' / 1 N / 8 0 11 11 ASPHALT ALLEY 1 1 1 1 t I I 1 1 1 1 1 1 ---- 1 1 1 ~ 24303 1 --1- t 1 2 1 1 l : , 1 1 â€ž r-' --4- I O ---- tf GND. ELEV. 1 Pl l 0 F 6'..1 FND. CAP 7925 1 ,- 1 -- .... PLS 19598 , --...... 1 B BLD. ELEV. . , , ---- 3'HIGH 1 0 ' , -, 2 BLD. ELEV. ~ PARAPET 2/ /// 0 , 1 / 1 1 1 1 4< 7957' IR 1 1 11 N 1 05 '/ / 1 1 11 1 1011 I li FND. CAP PLS 19598 2.8' HIGH PARAPET / / Flatirons Ip' 1 1 Surveying, Inc. 1 11 1 1 11 1 1 :QI 1 11 1 , 1, ' lili 1 5717 ARAPAHOE ROAD FND. CAP , PLS 19598 i i , , i / f - ' 1 l' HIGH PARAPET i / BOULDER, CO 80303 -' - | 1 PHONE: (303) 443-7001 --1-- ' ---1 FAX: (303) 443-9830 / f , I--4 / -4-4 1 1 - 1 1 -- ' ---1 COOPER AVENUE 1 Surveyor's Statement 1, JOHN B. GUYTON, A DULY REGISTERED LAND SURVEYOR. UCENS! STATE Of- COLORADO. ME*@*-AI,&TE FOR AND ON BEHALF OF FU SURVEYING. INCÂ·. ~[23~TIONS. THAT A GLOBAL P SURVEY OF THE,*Igilir;,Rpylâ‚¬Il#{ UNDER WY RESPONSBU AND IS ACCUR,OIN'P~12'BESTUMIrl#p,%UDGE. INFORMATION COOPER AVENUE BEUEF. 1/018 51$J#069.29-00 JOHN B. GUYDOOâ€¢.x\ F.~ 00-37227 PRESIDENT, SITE PLAN SCALE: 1' = 40' 1 ENLARGED SITE PLAN SCALE: 1' = 20' ~ 1 THIS DRAWING IS COPYRIGHTED AND IS TH PROPERTY OF THE OWNER, IT IS PRO SOLELY FOR USE BY THE OWNER AND ITS AFFI REPRODUCTION OR USE OF THIS DRAWING 4 1 1 1 1 1 LOTS K, L. M, N AND O, SITE NAME: HUNTER PLAZA BUILDING THE INFORMATION CONTAINED IN IT IS FOR * CENTROID LOCATION WITHOUT THE WRITTEN PERMISSION OF THE BLOCK 100, CITY OF ASPEN, EXCEPT THE FOLLOWING PORTION THEREOF: -Ii- 33Â® CONTOUR A PARCEL OF LAND BEING PART OF LOTS K, L AND M, BLOCK 100, ASPEN, SITE NAME COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: X 5380 6 SPOT ELEVATION BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K; THENCE SOUTH 75Â° 09' 11 SITE NUMBER; CO-451C ,6 UTILITY POLE EAST, 62.44 FEET ALONG THE NORTH LINE OF LOTS K, L, AND M 1'01'HE CENTER OF A OF SAID WALL; THENCE NORTH 75Â° 09' 11" WEST, 16.30 FEETAIONG THECENTEROF SITE ADDRESS, 620 E. COOPER HUNTER PLAZA BUILE MASONRY WALL; THENCE SOUTH 14Â° 50' 49" WEST, 32.24 FEET ALONG THE CENTER A MASONRY WALL; THENCE SOUTH 14Â° 50' 49-WEST, 4.16 FEET ALONG THECENTER ASPEN, COLORADO, 81611 OF SAID WALL; THENCE NORTH 75Â° 09' 11" WEST, 46.14 FEETALONG IHE CENTER OF SAID WALL TO A POINT ON THE WESTERLY LINE OF SAID LOT K; THENCE NORTH 14Â° 50' 11- EAST. 36.40 FEET TOTHEPOINTOFBEGINNING. OWNERS NAME: HUNTER PLAZA ASSOCIATES LLP SITE NUMBER OWNERS ADDRESSi 205 S. MILL STREET NET AREA OF UNDERLYING PARCELCS), CO-451C LATITUDE, 39'11'16.8' N LONGITUDEi 106'49'02.4' W GROUND ELEVATION: 7957' (NAVD 88) KEY SITE ADDRESS BASIS OF ELEVATIONS, CITY OF ASPEN-GPS CONTROL 620 E. COOPER BASIS OF BEARINGS, GAS OBSERVATIONS ~ THE LATITUDE AND LONGITUDE OF THE CENTROID HAS ASPEN, COLORADO, 81611 5'Ril~A BEEN GIVEN AT THE APPROX. CENTER OF THE BUILDING USA Notes: 20942 SHEET TITLE 1) THIS SURVEY DOES NOT CONSHTUTE A DTLE SEARCH BY FLATIRONS SURVEYING. INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. / SITE 2) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL G.P,S, SURVEY ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS w~ E AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED COOPER AVE. MORE THAN TEN YEARS FROM THE DATE OF THE CERTIACATION SHOWN HEREON. 3) THIS SURVEY IS VAUD ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF SURVEYOR. Â»AVE.L.--l F 4) THIS IS NOT A Â»LAND SURVEY PLAT" OR "IMPROVEMENT SUR\â‚¬Y PLAr. N~ 7- 5) â„¢IS SURVEY AND THE ACCOMPANYING DESCRIPTION(S) ARE NOT SCALE 1 1- INTENDED FOR PURPOSES OF TRANSFER OF nTLE OR SUBDIVISIONS OF LAND. 1 203 SHEET NUMBER '1 UNDERLYING EASEMENTS AND O-1 LEGAL DESCRIPTION PARCEL LEGAL DESCRIPTION RIGHT-OF-WAYS LEGAL DESCRIPTIONI PROJECT AREA PROJECT INFORMATIONI VICINITY MAP DRAWN BY : B. OSBORN #00- 1 - . lili l I T---- ----- QI LU i l | | j j i k / 4 1 1 1 1 1 1 NEXTEL Mic& 2//1/ COMMUNICATIONS b liBI lili 1 1 lilli l ///C/ // 1 |il 4643 SOUTH ULSTER ST, SUITE 50( / 1 1 1 0/ OCK 100 / 1 DENVER, COLORADO 80237 , lillill ''ll IEI I PHONE (303) 781-0091 1 1 1 FAX (303) 761-8058 lili IFI N75'09'11"\M / / 46.14' 1 1 1 1 1 / REISMS ' 1 / G S14'50'49"W 1 1 1 1 4.16' lilli HUNTER PLAZA BUILDIN( 1ELCO N75'09'11"W - -4 -- ,4475'09'11"Wi / 1 - - 16.30' S14'50'4?"W -4_ / 87.56' / 32.24 / / CO-451C - ~~BLD. ELEV. 7947' 1 --1 1 1 FND. YEUOW CAP~ 1 1 HV -x- / gELCO ELEC. COND -~ / 1 1 HVAC hRANSFORMER / - 1 1 DATE 09/22/00 1 1 1 P\PE I ---1 REVISIONS / HYMAN AVENUE / VENTSO ASPHALT ALLEY 150.00 -1.---- lilli - NO. DATE ISSUE } 1---_ IL 1---L A 1 1 1 1 1 ---- i r--- 1 1 1 ---1- - 1 1 1 lili r-----_ - 'i- -- 2 1 -p-- h 1 1 1 If 1 1 1 -- /4/ | 1 1 1 3 1 / / / 1 ''' / /8 PLS 19598 -*94 / / / / / A 1 - 1, 1 2 00 / / / 1 1 1 1 1 ,- vs' 1 1 1 1 1 - 11, 1 , , I /F / 1 , 1, 1 *CO / E / 1 1 1 1 1 ; 1 1 1 /' 28.12&4 , / / , / 1 1 j 1 1 ;, 11/ ~ INTERIOR / COOPER AVENUE 1 1 1 ELEC. ROOM O) . ' TELCO / E 2 1 44 / .* O 1 1 1 , ----1- 1 f I I I 9 / / /00 1 1 1 ---- 1 / 1 / N / 1 1 -*%- 1 1 1 1 1 T.TAG ' /--1 4 / 1 0'-'-/ / 1 1 1 -1-* 1 1 1 / ASPH~ 7- Al~-~y -2 1 1 1 4 0 1 1 ,--1 1 1 It fit PLS 24303 1. , 1 'Lu 1 1| 1 1 . 1 U -- 1 / 0 -4 CO ......... Ld GND. ELEV. ' 01 7928 f j FND. CAP ' 1 i t BLD. ELEV. ps 19595 k , 1 1 1 - 0 , 7946' 3'HIGH ~ ~ ~ 1 1 1 1 1 ' PARAPET L: 1 S75 09 11"E 11 , lili , 7957' 1 R 4 1 ' , , BLD. ELEV. ; /, f /, N , It 1, 1 , , 1 / 1 , CE FND. CAP 0 1 1 1 1 ; ' PLS 19598 2.8' HIGH PARAPET ~ / 1 0 1 I Flatvrons 1 1 0 2 e 1 :QI 1 1 FND. CAP 1 1 Surveying, Inc. 1 1 1 1 IRS 1 1 ' f 1 1 ' 1 PLS 19598 , , , 5717 ARAPAHOE ROAD l' HIGH PARAPET 1 1 BOULDER, CO 80303 1 / 1 f 1 1 1 1 1 1 i 1 1 1 PHONE: (303) 443-7001 ---1 FAX: (303) 443-9830 * -4 / , t --4- ' 1 1 1 -*--4 COOPER AVENUE - 1 Surveyor's Statement I. JOHN B. GUYTON. A DULY REGISTERED LAND SURVEYOR, UCENS! STATE OF COLORADO. 4EEU**41&3 FOR AND ON BEHALF OF Flj 'fd);44'UCE '34,0 SURVEYING, INC.. I~ATIONS. THAT A GLOBAL P SURVEY OF THE,*Â¥0114($1RB#*CIPE UNDER WY RESPON@81 ~~0 ACcu~0~~~-9.0.7:F.m,LEDGE. INFORMATION + erÂ»Â« f Â«- JOHN B. GUV~0Â¢1.b.'â€¢. d COLORADO PXJÂ£14#DEMâ€¢â€¢â€¢"'FerE*2) 00-37227 PRESIDENT. 00#for)~Sas~~ SITE PLAN SCALE: 1' = 40' 1 ENLARGED SITE PLAN SCALE: 1' = 20' 1 THIS DRAWING IS COPYRIGHTED AND IS TH PROPERTY OF THE OWNER. IT IS PRO SOLELY FOR USE BY THE OWNER AND ITS AFF] 1 1 1 1 1 REPRODUCTION OR USE OF THIS DRAWING LOTS K, L, M, N ANDO, SITE NAME: HUNTER PLAZA BUILDING THE INFORMATION CONTAINED IN IT IS FOR CTTYOFASPEN, EXCEPTTHE FOLLOWINGPORTIONT'HEREOF: * CENTROID LOCATION WITHOUT THE WRITTEN PERMISSION OF THE BLOCK 100, CONTOUR A PARCEL OF LAND BEING PART OF LOTS K, L AND M, BLOCK 100, ASPEN, SITE NAME COLORADO. SAID PARCEL IS MORE FULLY DESCRIBED AS FOLLOWS: X 53.0.0 SPOT ELEVATION SITE NUMBER: CO-451C BEGINNING AT THE NORTHWEST CORNER OF SAID LOT K; THENCE SOUIH 75Â° 09' 11" UTILITY POLE EAST, 62.44 FEET ALONG THE NORTH LINE OF LOTS K. L, At<D M TO THE CENFEROF A OF SAID WALL; THENCE NORTH 75Â° 09' 1 r WEST, 16.30 KEETALONG IME CENTER OF SITE ADDRESSt 620 E. COOPER HUNTER PLAZA BUIL[ MASONRY WALL; THENCE SOUTH 14Â° 50' 49" WEST, 32.24 FEET ALONG â„¢E CENTER A MASONRY WALL, THENCE SOUTH 14Â° 50' 49"WEST, 4.36 FEET ALONG THECENTER ASPEN, COLORADO, 81611 OF SAID WALL; THENCE NORTH 75Â° 09' 11Â· WEST, 46.14 FEET ALONG THECENTEROF SAID WALL TO A POINT ON THE WESTERLY LINE OF SAID LOT K, THENCE NORTH 14Â° 50' 11" EAST. 36.40 FEET TO THEPOINTOFBEGINNING. OWNERS NAME HUNTER PLAZA ASSOCIATES LLP OWNERS ADDRESS, SITE NUMBER m 205 S. MILL STREET NET AREA OF UNDERLYING PARCELCS), CO-451C LATITUDE: 39*11'16.8' N LONGITUDE, 106'49'02.4' W GROUND ELEVATION: 7957' (NAVD 88) KEY SITE ADDRESS r-- BASIS OF ELEVATIONS, CITY OF ASPEN-GPS CONTROL 620 E, COOPER BASIS OF BEARINGS, GAS OBSERVATIONS ~ THE LATITUDE AND LONGITUDE OF THE CENTROID HAS -J lil il Â£~~~;~L---~~ USA ASPEN, COLORADO, 81611 BEEN GIVEN AT THE APPROX, CENTER OF THE BUILDING Notes: 1 1) THIS SURVEY DOES NOT CONSTI~TE A TITLE SEARCH BY FLAHRONS SURVEYANG, INC. TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. SHEET TITLE 1 -72;A~ 2) ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL. :7?N:'Â·,UMN'rwd#lirog INE~R. %'RJUE%;Ntl'7%19'YEARS ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED W~ E ~ PERAI*- G.P,S, SURVEY MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN S HEREON. 3) 1HIS SURVEY IS VAUD ONLY IF PRINT HAS OmGINAL SEAL AND SIGNATURE OF SURVEYOR. NOT 4) THIS IS NOT A "LAND SURVEY PLAT OR ~IMPROVEMENT SURVEY PLAT~. Â»9 TO 5) THIS SURVEY AND THE ACCOMPANYING DESCRIPTION(S) ARE NOT SCALE INTENDED FOR PURPOSES OF TRANSFER OF nTLE OR SUBDIVISIONS SHEET NUMBER OF LAND. UNDERLYING EASEMENTS AND 0-1 LEGAL DESCRIPTION PARCEL LEGAL DESCRIPTION RIGHT-OF-WAYS LEGAL DESCRIPTION PROJECT AREA PROJECT INFORMATIONI ] VICINITY MAP DRAWN BY : B. OSBORN #00- 1 HUNTER STREET