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HomeMy WebLinkAboutcoa.lu.gm.Syzygy 520 E Hyman.A71-91Syzygy Restaurant GMQS Exemp. 2737-182-15-005 A71-91 ASPENTITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ v 113 - Ci d CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL /1 Name: 1 -f` L L m Phone: Address: Project: S li Check # 3 ,� �j y1 4 'F Date: Additional billing: ,,, T__ #of Hours: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12119191 PARCEL ID AND CASE NO. DATE COMPLETE: 2737-182-15-005 A71-91 STAFF MEMBER: LL PROJECT NAME: Syzygy Restaurant GMOS Exemption Project Address: 520 E. Hyman St. Legal Address: Lots 2 & 3. Pitkin Center Subdivision APPLICANT: Syzvgv Restarant Applicant Address: REPRESENTATIVE: Jim Colombo Representative Address/Phone: 623 E. Hopkins St. Aspen, CO 81611 5-7806 PAID:(YES) NO AMOUNT: $113.00 NO. OF COPIES RECEIVED 2 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING: YES NO CC Meeting Date VESTED RIGHTS: YES NO PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Insubstantial Amendment or Exemption: X REFERRALS: City Attorney Mtn Bell School District City Engineer Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Building Inspector -- Envir.Hlth. Roaring Fork Other Aspen Con. S. D. Energy Center D-�31INITIALS: DATE REFERRED. --------------------- ------------------------------ FINAL ROUTING: ------------ -------- - DATE ROUTED:7 _________--- INITIAL:_5L4' City Atty City Engineer Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: ,viz"NC/L�1v�L� i 0 • Vn E. Main St. E. Hopkins E. Hyman E. Cooper VICINITY MAP C+ ro Z N fl ti- oo O � 2(�) O O0 lAl 13 I Izo I z v1 I I ' o p Al �- t MEMORANDUM TO: Environmental Health Department FROM: Leslie Lamont, Planning Office RE: Syzygy Restaurant GMQS Exemption Parcel ID# 2737-182-15-005 DATE: December 31, 1991 Attached for your review and comments is an application from Syzygy Restaurant requesting GMQS Exemption for an addition of 48 s.f. of floor area. Please return your comments to me as soon as possible, but no later than January 10, 1992. Thanks. 0 1. Project Name: 0 6 M 0,5 LAND USE APPLICATION FORM SYZYGY RESTAURANT 2. Project Location: 520 E. Hyman St. Lots 2&3 Pitkin Center Subdivision City of Aspen (Indicate street address, lot and block number, legal description where appropriate) 3. Present Zoning: CC 4. Lot Size: 6,022 s.f. 5. Applicant's Name, Address & Phone No.: SYZYGY RESTAURANT Walt Harris 520 E. Hyman St. Aspen, CO 925-3700 6. Representative's Name, Address & Phone No.: Colombo International, Inc. Jim Colombo 623 E. Hopkins St. Aspen, CO 925-7806 7. Type of Application (Please check all that apply): Conditional Use Special Review 8040 Greenline Stream Margin Mtn. View Plane Conceptual SPA Final SPA Conceptual PUD Final PUD Subdivision Conceptual Historic Development Final Historic Dev. Minor Historic Dev. Historic Demolition Historic Designation Condominiumization _ Text/Map Amendment GMQS Allotment Lot Split/Lot Line (GMQS Exemption by Adjustment Planning Dir. _ GMQS Exemption 8. Description of Existing Uses (number and type of existing structures; approximate square feet; number of bedrooms; any previous approvals granted to the property): The existing structure is a restaurant with full approvals All conditions of zoning are being met. 9. Description of Development Application: GMQS Director Sign -off for the externalization of an existing walk-in freezer, adding 48 sq. ft. of FAR but no net leasable. 10. Have you attached the following? Yew Response to Attachment 2, Minimum Submission Contents ypr, Response to Attachment 3, Specific Submission Contents 0 COLOMO 0 623 E. Hopkins Street, Aspen, Colorado 81611 Tel.: (303) 925-7806 FAX (303) 925-8712 TABLE OF CONTENTS SYZYGY RESTAURANT : GMQS APPLICATI0;1 PACKAGE 1. Table of Contents 2. Description of Submission 3. Land Use Application Form 4. Application Check ($113.00) 5. Pre -application conference Summary 6. Letter of representative's authorization 7. Letter of tenant's authorization 8. Title Insurance policy of ownership 9. 8" x 10" Floor Plan (existing/proposed) 10. 8" x 10" Elevation (existing/proposed) 11. 8" x 10" Vicinity Map 12. 24" x 36" Survey 13. 24" x 36" Floor Plan (existing/proposed) Elevation (existing/proposed) 0 COLOMBO 0 623 E. Hopkins Street, Aspen, Colorado 81611 Tel.: (303) 925-7806 FAX (303) 925-8712 December 16, 1991 City of Aspen Planning Department 130 S. Galena St. Attention: Leslie Lamont RE: GMQS Director Sign -Off application- Syzygy Restaurant DESCRIPTION OF SUBMISSION Syzygy Restaurant located at 520 E. Hyman St. in the City of Aspen requests a GMQS Director sign -off for the externalization of a existing walk-in freezer. The freezer is 6 feet by 8 feet = 48 square feet in total floor area. The existing freezer would be relocated immediately adjacent to the north of the existing exterior wall where it had formerly been used. Please see attached floor plans and elevations which depict existing conditions and proposed location. The request is based upon practical necessity for a workable kitchen condition to adequately serve the needs of the existing restaurant. In accordance with section 8-104 Exemptions of the Municipal Code: The proposal is less than 500 sq. ft. and results in no new net leasable area. The proposal would also have minimal impact upon the City and generate no new employees and therefore no new employee housing requirements. The proposal would generate no additional need for parking or further impact upon public facilities. Upon Director sign -off approval, a building permit application will be submitted specifing exterior facia materials to match existing building fascia, and demonstrate minimal visual impact to the building. Please see attached elevations. • . • CITY OF ASPEN PRE- PPLICATION Q,NFERENCE SUMMAR AA40, APPLICANT'S REPRESENTATIVE REPRESENTATIV OWNER'S NAME: SUMMARY - 1. Type of Application: w ( Ya- 2.. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments 4. -(P&Z On\� Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be ubmitted:...� �-.�J 7. What fee was applicant requested to submitjl��_� 8. Anticipated date of submission: - �- 9. COMMENT / IQUE CONC RNS : 1 k A 1 h-D l P a� _I , / 1 . , A !1 / 1T r > frm.pre app PITKIN CENTER, LTD. 1'.0, 13Qx 4948 710 E. Durant Avvilue. - Asrn, Colorado 81612 303/925-3873 w. December 15, 1991 City of Aspen planning Department 13o S. Galena St. . Aspen, CO 81611 Attention: Leslie Lamont REc Syzygy Restaurant- . Pear Leslie, .. As the owner of the space leased by �YzYgY Restaurant, I have�.authorl2ed Walt Harris ta1ydve the CityeofnAspen efor Colombo International, ..a GMQS request to externalize t e est�ag drartingsfpresented . as illustr'Colomboated in the lntern�+tionalbinctic floorp •'.�� ,. by If you have further questions Please contaCt my office .. 1 i sted above, Sincerely, } 7 m Va brio i PITKIN CENTER, LTD. P.O. Box 4948 710 E. Durant Avenue Aspen, Colorado 81612 303/925-3873 December 15, 1991 City of Aspen Planning Department 130 S. Galena St. Aspen, CO 81611 Attention: Leslie Lamont RE: Syzygy Restaurant - Dear Leslie, As the owner of the space leased by Syzygy Restaurant, I have authorized Walt Harris to have his representative, Colombo International, Inc., apply to the City of Aspen for -a GMQS request to externalize the existing walk-in freezer as illustrated in the schematic floor plan drawings presented by Colombo International Inc. If you have further questions please contact my office listed above. Sincerely, Jim Val ario PITKIN CENTER, LTO. 1'.0. Box 4948 710 E. Durant Avenue Aspen, Colorado 81612 303/925-3873 December 15, 1991 City of Aspen Planning Department 130 S. Galena St. Aspen, CO 81611 Attention: Leslie Lamont RE: Syzygy Restaurant- GMQS Submission Dear Leslie, I have authorized Mr. Jim Colombo of Colombo International, Inc. to represent myself and Syzygy Rest, rant in all application and presentation requirements as appropriate to our GMQS application. Jim's office is located at 623 E. Hopkins St. in Aspen, his office phone number is 925-7896. I am both owner and operator of Syzygy Restaurant which is located at 520 E. Hyman in Aspen. My phone number is 925-3700. Should you have any other questions please do not hesitate, to call me. Sincerely, Walt Harris -Owner Syzygy Restaurant W H : j p c cc: Leslie Lamont Jim Colombo Jim Val ario POLICY OF TITLE INSURANCE ISSUED BY S T EAVART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. OVA ll T TITLE GUARANTY COMPANY Chairman of the Board Countersigned: A0 I E C Aulhovf �Q . LOFPOR�r�1t, 19 0 8 f�to Company ''' • x • * 0f =f X ASS I� wn+e/ City, State EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, Orrurner, expenses which arise by reason of: 1. (a) Any low, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ''"" 1 "'"" (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became on insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. 1; 001 (R— A-6-90) ine to.,o»in^ terms wnen oseo it mis po,c}} moor. (a) "ITsvredq': the insured named in Scnedul d, subject to any rights o' defenses the Compony would hove had against11med insured, those who succeed to the interest of the named insured by opera ran of low as distinguished from purchase ir. ;Iuding, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which ma( be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) 'land": the land described or referred to in Schedule A, and improve- ments offixed thereto which by low constitute real property. The term ' land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, loves, ways or waterways, but nothing herein sholl modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) 'mortgage': mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Dote of Pol- ity for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmorketability of the title": on alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle o purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy sholl continue in force as of Date of Policy in favor of an insured only so long as the insured retains on estate or interest in the land, or holds on indebtedness secured by a purchase money mortgage given by o purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or convey- ance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) on indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured sholl notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to on insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice sholl not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be Prejudiced by the failure and then only to the extent of the prejudice. <. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and sholl not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The ompany shall hove the right, at its own cost, to institute and prose- cute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company moy take any eopropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Policy. If the Company shall exercise its rights under this paragraph, it shall do so diiigently. (c) Whenever the Company shall have brought on action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by court of competent jurisdic- tion and expressly reserves the right, in its sole discretion, to appeal from any odverse judgment or order. :pit c pray of 'c• me oe;erst c' ory o„c- o proceta�rd the inwrec snow secure to the Compon a right to so prosecute or provide oefense in the action or proceeding, and oIs therein, and permit the Company to use, at its option, the name of cured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company oil reasonable aid (i) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settle- ment, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to estobiish the title to the estate or interest as insured• If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy sholl ter- minate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Condi- tions and Stipulations hove been provided the Commproof of loss or dom- age signed and sworn to by the insured cloimont shall be furnished to the Com- pony within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possi- ble, the basis of calculating the amount of the loss or damage. If the Componr is Prejudiced by the failure of the insured claimant to provide the required proof of oss or damage, the Company's obligations to the insured under the policy sholl terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Com- pany, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a dote before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall .grant its permission, in writing, for ony authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, pro- duce other reasonably requested information or grant permission to secure reo- sonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall hove the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to Pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of on insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or dom- age provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Com- pany up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this pol- icy for the claimed loss or damage, other than the payments required to be mode, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or dam- age by reason of matters insured against by this policy and only to the extent herein described. (continued and concluded on last page of this policy) tinued and concluded on last page of this polio) CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy on improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any par- tial loss, the Company shall only pay the loss pro roto in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rats in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rats basis as if the amount of insurance under this policy was divided pro rota as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmorketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of oil appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse• ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this pol- icy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which the insured claimant would have had against any person or property in respect to the claim hod this policy not been issued. If requested by the Com- pony, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subro- gation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to Pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, gua- ranties, other policies of insurance or bonds, notwithstanding any terms or condi- tions contained in those instruments which provide for subrogation rights by rea- son of this policy. 14. ARBITRATION Unless prohibited by applicable low, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the Ameri- can Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Compan( in connection with its issu- ance or the breach of a policy provision or other obligation. All arbitrable mat- ters when the Amount of Insurance is S1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of S1,000,000 shall be arbitrated only when agreed to by both the Companyand the insured. Arbitration pursuant to this policy and under the Rules in efect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the Parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitro- tor(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to on arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be mode except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252. ALTA OWNER'S POLICY —Amended 10/0 IN1 SCHEDULE A • Order No.: t Date of Policy: June 06, 1966 At 4 : 09 P.M. 1. Name of Insured: P ITK IN CF•.N= J 0 I UT VEN'1Un Policy No.: p 9O02 144458 Amount of Insurance: $. 640, 000.00 2. The estate or interest in the land described herein and which is covered by this policy is: F :. SI1LPLC 3. The estate or interest referred to herein is at Date of Policy vested in: P I1X I N CEI71'FR 3 0114T VE nVRE 4. The land referred to in this policy is described as follows: 3-pots 2 and 3 , P=IN CE11M� SURE)l vIS IOI`J (A L Split), as jio( wai on the plat tliereof recorded February 22. 1983 in Flat Book 14 at. Page 36 as Reception No. 248117. County of Fitkin, State of Colotad Steuart Title of Aspen; Inc. 602 East )-tynan Aspen, Colorado 81611._' (303) 925-3577 --✓-�- i .A.T iiORI�ED COUN=IGNANRE. , T - t / H♦. sty N it ifi 2r •.a•�.4 �'� _ + ,b�M1� h tic'• _L.+ly...+. `'(�i.�+t1Z..ti� .N.. ^ 7 - .. � t i_ _ -. .� �4'.. af: �a :'�� :�F;_r. ^• 'tom' j'�•` STEWART^TITLE K GUARANTY COMPANY ALTA OWNER'S POLICY —Modified 10/73 ,'ORDER NO.: 14086 SCHEDULE B Policy No.: This policy does not insure against loss or damage by reason of the following: 0 9902 144458 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises 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. Any and all unpaid taxes and assessments and any unredeemed tax sales. 6. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 7. Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Easements and rights of way as shown on the p t of Pitkin Center Subdivision (A Lot Split) corded Febr ary 22, 1983 in Plat Book 14 at Page 36 as Recep No. 248117 9. Building encroachment s shown on Le plat of Pitkin Center Subdivision (A Lot Sp i ) recorded ebruary 22, 1983 in Plat Book 14 at Page 36 as 2 -eption No. 48117. 10. Terms, con i ions, and e trictions as set forth in Statement of Exceptioi From the Fu Subdivision Process recorded February 22, 1983 in Book 440 at Page 863 as Reception No. 248116. 11. A Deed of Trust dated June 6, 1986, executed by Pitkin Center Joint Venture, a Texas joint venture, to the Public Trustee of Pitkin County, to secure an indebtedness of $1,725,000.00, in favor of Aspen Savings and Loan Association, recorded June 6, 1986 in Book 512 at Page 274 as Reception No. 278542. NOTE: Assignment of Rents recorded June 6, 1986 in Book 512 at Page 297 as Reception No. 278543, given in connection with the above Deed of Trust. CONDODOMIUM MAP OF THE PITKIN CENTER CONDOMINIUMS OWNERS CERTIFICA;':E BLOCK 94 oLrr�lE or PAVED % WINDOWS OPEN INTO ALLEY P I '- I C PHONE BOX _ GAS G 60, LO REt . 3RD FLOOR DECK 0 1 0 - _ ( 201 514 5 75009' I I "E (60. 2Z') .C.E. 201 E I GAS --'' 35.5 �I 1 PARKING _ � TRl;_3H STORAGE, - PAVED ELEC I g I i �" PARKI NG L - - - - I G•C.E BLDG LOT MASONRY WALL ENCROACHES INTO LOT 1 <0.1' 150.48' RE:,. , N 7So 09' 1 1 "W ( 150. 51 ' ) +"X" IN CONC. 16.12 VICINITY MAP SW. BLOCK COR. -- S r .c 29 ' SITE NOTICE: ACCO13DING TO COLORADO LAW YOU MUST COMMENCE ANY LE&N_ ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION RASED UPON ANY DEFECT IN TF.IS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 0 0 0 0 �Uj w W rn O c K■ IT BLDG INSIDE I ) 19. 5 G C E IE O.1' I I I I ' I I I I ' L — — ——�ELECTRIAL G C.E`'' ^ 1 I 18.4 3 STORY BRICK BUILDING WITH BASEMENT AREA 6,022 4/- S.F. 0 0 N w N 14.0 14.3 O _ IGCE 8.7 3RD FLOOR. DECKj G. C ,E: N 750 09' I 1 "Yl (60. 22 T 60. 20'- REC. EAST HYMAN AVENUE 74.80' I BANK AND 3 I'ITItIN CENTER SUBDIVISION, BLOCK 94 CITY AND LEGEND AND NOTES FOUND SURVEY MONUMENT AS DESCRIBED STREET LIGHT LI)"ITEU COMMON ELEMENT L.C.E. WITH UNIT DESIGNATION GENERAL COMMON ELEMENT G.C.E. ,SURVEY CONTROL > 1:10,000 © SEWER CLEAN OUTS G.C.E. LAWYERS TITLE INSURANCE CORPORATION COMMITMENT FOR TITLE INSURANCE CASE NO. PCT-3611, DATED: 06/22/89 WAS USED IN THE PREPARATION OF THIS SURVEY. CALLS IN ( ) PROPORTIONED ZONED : COMMERCIAL CORE 20151 60.18' REC. N 750 09' 1.1 "W (60. 1 9' ) BASIS OF BRG'S FND. BLK. COR'S N75009'11"W 270.92' CURB GUTTER CLERK & RECORDER'S ACCEPTANCE THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN, STATE OF COLORADO, AT O'CLOCK M. THIS DAY OF 1989 AND RECORDED IN THE PLAT BOOK AT PAGE AS RECEPTION NO. CLERK RECORDER PLANNiNG AAD ZONNING THIS MAP OF THE PITKIN CENT LN CONDOM I HUMS, WA2- APPROVED DY -t'I.{;- CITY OF ASPEN PLANNING AND ZONING COMMISSION THIS DAY OF AY OF 1989. AND SIGPtED TI-I_5 TS' D --------------------- --------------------- t�l-!A I fe5'3f=tid KNOW ALL THE MEN BY THESE PRESENTS THAT PITKIN CENTER LTD, A COLORADO PARTNERSHIP, (GREG KAYNE, GENERAL PARTNER), BEING THE RECORD OWNER OF CERTAIN LANDS IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO TO WIT: LOTS 2 & 3, PITKIN CENTER SUBDIVISION, BLOCK 94, CITY AND TOWNSITE OF ASPEN, DOES HEREBY CERTIFY THAT THIS MAP OF THE PITKIN CENTER CONDOMINIUMS HAS BEEN PREPARED PURSUANT TO THAT CERTAIN EXEMPTION FROM THE DEFINITION OF SUBDIVISION GRANTED BY THE ASPEN CITY COUNCIL ON 1989 AND RECORDED _ _ 1989 IN BOOK AT PAGE OF THE RECORDS OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO, AND PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR THE PITKIN CENTER CONDOMINIUMS RECORDED _ _ 1989 IN BOOK _ AT PAGE _ OF SAID RECORDS AND IN ADDITION DOES HEREBY DEDICATE TO THE PUBLIC UTILITIES THE ELECTRIC AND COMMUNICATION EASEMENT AS SHOWN HEREON. PITKIN CENTER LTD,COLORADO PART. GREG KAYNE (GENERAL PARTNER) DATED STATE OF COLORADO) )SS COUNTY OF PITKIN ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGES BEFORE ME ON THIS DAY OF 1989. BY GREG KAYNE (GENERAL PARTNER) WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC MORTGAGEE'S CERTIFICATE THE UNDERSIGNED, BEING TEE SOLE MORTGAGEE OF THE CONDOMINIUM HEREBY CONSENT AND APPROVE OF THE MAKING AND RECORDING OF THIS MAP OF THE PITKIN CENTER CONDOMINIUMS. ASPEN SAVINGS & LOAN ASSOC. BY TITLE DATED STATE OF' COLORADO) )SS COUNTY OF PITKIN ) THE FOREGOING MORTGAGEE'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME ON THIS DAY OF 1989. BY A REPRESENTATIVE OF' ASPEN SAVINGS AND LOAN ASSOC- WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE I, JOHN HOWORTH, lif;RZ"Y CERTIFY THAT IN 11 )11 Y _ , 1989 A SURVEY WAS PERFORVY.D 'UNE;ER MY DIRECTION AND SUPERVISION OF LOTS 2 AND 3, PITKIN CENTER SUBDIVISION, LOT 94, CITY AND TOWNSITE OF ASPEN, COLORADO, AND THAT A 3 STORY BUILDING WAS FOUND TO BE LOCATED THEREON AS SHOWN ON THIS MAP. THE LOCATION AND DIMENSIONS OF THE BOUNDARY LI,.ES, UTILITIES, BUILDINGS AND EASEMENTS SHOWN ON THE TITLE COMMITMENT NOTED HEREON ARE ACCURATELY SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION OF THE BUILDING AND THE VERTICAL AND HORIZONTAL DIMENSIONS OF THE BUILDING AND OF THE INDIVIDUAL AIR SPACE UNITS OF THE PITKIN CENTER CONDOMINIUMS THEREIN. THE UNIT DESIGNATIONS THEREOF, THE MEASUREMENTS OF SAID UNITS, AND THE ELEVATIONS OF THE FINISHED FLOORS. SAID MAP ALSO ACCURATELY DEPICTS ALL ENCROACHMENTS BY OR ON THE SUBJECT PROPERTY - ASPEN SURVEY ENGINEERS, INC. _ _ _ _ _ _ JOF'N HOWORTH, RDS 25947 1989 TITLE CERTIFICATE THE UNDERSIGNED, A DULY AUTFORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO. DOES HEREBY CERTIFY THAT THE PERSONS LISTED AS OWNER'S ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE OWNER'S CERTIFICATE AND DEDICATION HEREON ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TC BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE NOR A GUARANTEE OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. TITLE: VINCE HIGENS 602 EAST HYMAN AVENUE ASPEN, COLORADO 81611 CITY ENGINEER'S APPROVAL THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN, DEPARTMENT O^ ENGINEERING, ON THIS DAY OF , 1989. CITY ENGINEER CITY COUNCIL APPROVAL THIS MAP OF THE PITKIN CENTER CONDOMINIUMS WAS APPROVED BY THE CITY COUNCIL OF ASPEN, ON THIS DAY OF 1989- SIGNED THIS DAY OF 1989. _ ATTEST MAYOR CITY CLERK PREPARED BY Aspen Survey Engineers, Inc. 210 S. GALENA ST. P.O. BOX 2506 ASPEN, COLORADO 81612 1 OF 2 (303) 925-3816 JOe NO. 19193 j Z �Q }fl 0 � Al I�Oo `r, o, GONG. Lowe_ Li_vl;z- -T.o, N NTH L�__'v L r