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HomeMy WebLinkAboutcoa.lu.gm.Syzygy 520 E Hyman.A71-91 F CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 12/19/91 PARCEL ID AND CASE NO. DATE COMPLETE: 7 ) 2737-182-15-005 A71-91 STAFF MEMBER: LL PROJECT NAME: Syzygv Restaurant GMOS Exemption Project Address: 520 E. Hyman St. Legal Address: Lots 2 & 3 , Pitkin Center Subdivision APPLICANT: Svzvgy 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 VESTED RIGHTS: YES NO CC Meeting Date 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 DATE REFERRED: 0-(31 /°( ( INITIALS: FINAL ROUTING: DATE ROUTED: /577793 INITIAL City Atty _ City Engineer Zoning _Env. Health Housing Other: FILE STATUS AND LOCATION: •. C' O (` p . a. . 0 110 _ - ti i i I !:,-- /I //\ \c' ._ 1 , MI i I . ,sit N , //, __:MIL � .. = 0 Li pZ 5 liz i -- _L Wi ■ ,.►` I li ■ a II • 1 ,I i 1 it-_„!� r 1 �i �i imii _ Ii 1 _, ii-_-_in I% 1,, i —\---- 1 i-- f . f N-- VICINITY MAP E . Main St . N Iv) C Cn [-- v D N E . Hopkins . 11111111 ...._ ... i E . Hyman 1110111 ITE ___, . . . A r . E . Cooper . i a i `iR - > ,. r �' ' 000 00 1 . H i . 000 00 , 1 . [ 1 z remora. III fill" 3 vii?i-0 7. ■ = c 1 Q i r 1 r -y r - ) . L _ I al .% c . it • :: 0 O o X30 . , < e 1 . 1a.1.111.. . 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. LAND USE APPLICATION FORM 1. Project Name: 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 _ Conceptual SPA _ Conceptual Historic Development Special Review _ Final SPA -- Final Historic Dev. 8040 Greenline _ Conceptual PUD _ Minor Historic Dev. Stream Margin _ Final PUD _ Historic Demolition _ Mtn. View Plane _ Subdivision Historic Designation Condominiumization _ Text/Map Amendment GMQS Allotment Lot Split/Lot Line _Ly, 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? ypc Response to Attachment 2 , Minimum Submission Contents Yes Response to Attachment 3 , Specific Submission Contents COLOMBO 623 E. Hopkins Street, Aspen, Colorado 81611 Tel.: (303)925-7806 FM(303)925-8712 TABLE OF CONTENTS SYZYGY RESTAURANT : GMQS APPLICATION 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 ) COLOMBO ' 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-APPLICATION QNFERENCE SUMMARY , l PROJECT: 1 )1 K 1Y\ \ '��rT <)� Z,4c���9�1\�i=- APPLICANT' S REPRESENTATIVE: )∎ ^-∎d OV 513 7 1 L:C.Th REPRESENTATIVE' S PHONE: –4C (_J OWNER'S NAME: Al i-/V\Rf Z 4 /7.9&/,.-,‘ )} 1fc7 1 SUMMARY -- 1. Type of Application: \1�\ 1 - � t) 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 . Review is, (P&Z Only) " Only) (P&Z then to CC) 5. Public Hearing: (YES) (NO) 6. Number of copies of the application to be ubmitted.:... , al 7. What fee was applicant requested to submitc , 1 ) l 8. Anticipated date of submission: 9. COMMENT / I IQUE CONC RNS: ) 4 y- G .(L/1 AJ 70 h- ! Cats-a-.- -ter I nelinrarnaeran-�-• / I frm.pre_app PITKIN CENTER, LTD• _ ., . P.O. Dox 4948 • -- 71Q E. Durant Avenue. ' ' Aspcn, 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 representatee , , Colombo International , Inc . , apply to the City of Aspen .., a GMQS request to externalize the existing walk-in freezer as illustrated in the schematic floor plan drawings pres by Colombo International Inc . If you have further questions please contact my office listed above . .• sincerely, . Jrim Valerie ` / . • 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 Valario PITKIN CENTER, L . 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- GMQS Submission Dear Leslie , I have authorized Mr . Jim Colombo of Colombo International , Inc . to represent myself and Syzygy Restaurant 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 an both owner and operator of Syzygy Restaurant which is located at 52'0 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 WH : jpc Leslie Lamont Jim Colombo Jim Valario �.w - w :..+ w • < ww www w v.swww r ' C.-1) • POLICY OF TITLE INSURANCE ISSUED BY J 'v4 STEWART TITLE i.. .t; 'd` GUARANTY COMPANY u: ;u • `J SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN r, " SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY,a Texas '`Q, :0'. corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A,against loss or damage,not 4 .:Al exceeding the Amount of Insurance stated in Schedule A,sustained or incurred by the insured by reason of: 1 Y , 1' 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 3: :11 2. Any defect in or lien or encumbrance on the title; 11 II•• 31 3. Unmarketability of the title; r <�,( 4. Lack of a right of access to and from the land. • •11.4A The Company will also pay the costs,attorneys'fees and expenses incurred in defense of the title,as insured, but only :t to the extent provided in the Conditions and Stipulations. !1 .(, 3.A' ' IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its !i1.'Q 3:Al duly authorized officers as of the Date of Policy shown in Schedule A. ';' .: '' STEWART TITLE i. pi,„ ,7 �n _� _ GUARANTY COMPANY dl ,1: :4 N/ririY� v air cis. Chairman of the Board President (..A t ji ;15' Countersigned: 1 l)' F. .I)1 01.1. 4" (1.. I :P _ ^ "ty lNS\L',...:::::::19 0 8 :o }�. Company d..y. < ;a' LI y1). 1 1). ,3 ti) City,State EXCLUSIONS FROM OVERAGE 1.i • The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosn, anorr.y. is. nn ' 3 n) expenses which arise by reason of: a ., I. 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, .j„ • �qy regulating,prohibiting or relating to 0)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or • <'T)% 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 !i :ii <t' or enforcement thereof or a notice effect of defect,any orrtencumbrlanceor sultingl from a violation mor regulations, except to affecting the land has been ); • 4-y• recorded in the public records at Date of Policy. � '" ' BOO"'" :1.,A i; 3 (b) Any governmental police power not excluded by(o)above,except to the extent that a notice of the exercise thereof or a notice of o 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. 'CA I"*;' 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Dote of Policy, but not excluding from p,N. ▪ • 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. ��ss • <u 3. Defects,liens,encumbrances,adverse claims or other matters: 11'Y%10 .4• :I (a) created,suffered,assumed or agreed to by the insured claimant; 1,�, s I;: (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 dote the insured claimant became an insured under this policy; 1.7,0 Zt �� (c) resulting in no loss or damage to the insured claimant; ll:ynii "! (d) attaching or created subsequent to Dote of Policy;or Y } (e) resulting in loss or damage which would not hove been sustained if the insured claimant hod paid value for the estate or interest insured by this 1; ;# • policy. 4+ f ,. 0 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 1.141H; federal bankruptcy,state insolvency,or similar creditors'rights laws. ((���� ‘ C V,1tl�Sai}44 !44<}` — 4 s= {.44444 clfie?'t l X001 (Rev 4-6-90) I I Inc tOrrowini terms wnen uses in tms pone mean: cute m pronoe Tor Tne oemne or any ommn or proceeamd, IDe insured snarl (a) "innsured':the insured named in Schedule nd, subject to any rights secure to the Company she right to so prosecute or provide defense in the action or defenses the Company would have hod against. zmed insured,those who or proceeding, and r peals therein, and permit the Company to use at its succeed to the interest of the named insured by operation of low as distinguished option, the name of . .nwred for this purpose. Whenever requested by the from purchase intruding,but not limited to,heirs,distributees,devisees,survivors, Company, the insured, at the Company's expense, shall give the Company all personbl representativf next of kin,or corporate or fiduciary successors. reasonable aid(i)in any action or proceeding,securing evidence,obtaining wit- (b) "insured claimant":an insured claiming loss or damage. nesses, prosecuting or defending the action or proceeding, or effecting settle- (c) "knowledge"or"know?:actual knowledge,not constructive knowledge ment, and (ii)in any other lawful act which in the opinion of the Company may or notice which may be imputed to an insured by reason of the public records as be necessary or desirable to establish the title to the estate or interest as insured. defined in this policy or any other records which impart constructive notice of If the Company is prejudiced by the failure of the insured to furnish the required matters affecting the land. cooperation, the Company's obligations to the insured under the policy shall ter- (d) 'land":the land described or referred to in Schedule A,and improve- minate,including any liability or obligation to defend,prosecute,or continue any ments affixed thereto which by low constitute real property. The term 'land" litigation,with regard to the matter or matters requiring such cooperation. does not include any property beyond the lines of the area described or referred 5. PROOF OF LOSS OR DAMAGE. to in Schedule A, nor any right, title, interest, estate or easement in abutting In addition to and after the notices required under Section 3 of these Condi- streets,roads,avenues,alleys,lanes,ways or waterways,but nothing herein shall tions and Stipulations have been provided the Company,a proof of loss or dom- modify or limit the extent to which a right of access to and from the land is age signed and sworn to by the insured claimant shall be furnished to the Corn- insured by this policy. pony within 90 days after the insured claimant shall ascertain the facts giving rise (e) 'mortgage : mortgage, deed of trust, trust deed, or other security to the loss or damage.The proof of loss or damage shall describe the defect in, instrument. or lien or encumbrance on the title,or other matter insured against by this policy (f) "public records":records established under state statutes at Dote of Pol• which constitutes the basis of loss or damage and shall state,to the extent possi- icy for the purpose of importing constructive notice of matters relating to real ble,the basis of calculating the amount of the loss or damage.If the Company is property to purchasers for value and without knowledge.With respect to Section prejudiced by the failure of the insured claimant to provide the required proof of 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include loss or damage, the Company's obligations to the insured under the policy shall environmental protection liens filed in the records of the clerk of the United States terminate, including any liability or obligation to defend, prosecute, or continue district court for the district in which the land is located. any litigation,with regard to the matter or matters requiring such proof of loss or (g) "unmorketability of the title":on alleged or apparent matter affecting damage. the title to the land,not excluded or excepted from coverage,which would entitle In addition,the insured claimant may reasonably be required to submit to a purchaser of the estate or interest described in Schedule A to be released from examination under oath by any authorized representative of the Company and the obligation to purchase by virtue of a contractual condition requiring the shall produce for examination, inspection and copying,at such reasonable times delivery of marketable title. and places as may be designated by any authorized representative of the Com• 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE, party, all records, books, ledgers, checks, correspondence and memoranda, The coverage of this policy shall continue in force as of Dote of Policy in whether bearing a dote before or after Date of Policy,which reasonably pertain favor of an insured only so long as the insured retains an estate or interest in the to the loss or damage.Further,if requested by any authorized representative of land,or holds an indebtedness secured by a purchase money mortgage given by the Company,the insured claimant shall grant its permission, in writing, for any o purchaser from the insured,or only so long as the insured shall have liability by authorized representative of the Company to examine, inspect and copy all reason of covenants of warranty mode by the insured in any transfer or convey- records, books, ledgers, checks, correspondence and memoranda in the custody once of the estate or interest. This policy shall not continue in force in favor of or control of a third party, which reasonably pertain to the loss or damage. All any purchaser from the insured of either(i)on estate or interest in the land,or(ii) information designated as confidential by the insured daimont provided to the an indebtedness secured by o purchase money mortgage given to the insured. Company pursuant to this Section shall not be disclosed to others unless, in the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. reasonable judgment of the Company,it is necessary in the administration of the The insured shall notify the Company promptly in writing(i)in case of any claim.Failure of the insured claimant to submit for examination under oath,pro- litigation as set forth in Section 4(a) below,(ii)in case knowledge shall come to duce other reasonably requested information or grant permission to secure rea- on insured hereunder of any claim of title or interest which is adverse to the title sonobly necessary information from third parties as required in this paragraph to the estate or interest, as insured, and which might cause loss or damage for shall terminate any liability of the Company under this policy as to that claim. which the Company may be liable by virtue of this policy, or(iii) if title to the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF estate or interest,as insured, is rejected os unmarketable. If prompt notice shall LIABILITY. not be given to the Company,then as to the insured all liability of the Company In case of a claim under this policy,the Company shall have the following shall terminate with regard to the matter or matters for which prompt notice is additional options: required;provided,however,that failure to notify the Company shall in no case (a) To Pay or Tender Payment of the Amount of Insurance, prejudice the rights of any insured under this policy unless the Company shall be To pay or tender payment of the amount of insurance under this policy prejudiced by the failure and then only to the extent of the prejudice. together with any costs, attorneys' fees and expenses incurred by the insured b. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED claimant,which were authorized by the Company,up to the time of payment or CLAIMANT TO COOPERATE. tender of payment and which the Company is obligated to pay. (a) Upon written request by the insured and subject to the options contained Upon the exercise by the Company of this option,all liability and obligations in Section 6 of these Conditions and Stipulations, the Company, at its own cost to the insured under this policy, other than to make the payment required,shall and without unreasonable delay, shall provide for the defense of an insured in terminate, including any liability or obligation to defend, prosecute,or continue litigation in which any third party asserts a claim adverse to the title or interest os any litigation, and the policy shall be surrendered to the Company for insured, but only as to those stated causes of action alleging o defect, lien or cancellation. encumbrance or other matter insured against by this policy.The Company shall (b) To Pay or Otherwise Settle With Parties Other than the Insured or have the right to select counsel of its choice(subject to the right of the insured to With the Insured Claimant. object for reasonable cause)to represent the insured as to those stated souses of (i) to pay or otherwise settle with other parties for or in the name of an action and shall not be liable for and will not pay the fees of any other counsel. insured claimant any claim insured against under this policy, together with any The Company will not pay any fees, costs or expenses incurred by the insured in costs, attorneys'fees and expenses incurred by the insured claimant which were the defense of those causes of action which allege matters not insured against by authorized by the Company up to the time of payment and which the Company this policy. is obligated to pay;or (b) The�ompany shall have the right,at its own cost,to institute and prose. (ii) to pay or otherwise settle with the insured claimant the loss or dam- cute any action or proceeding or to do any other act which in its opinion may be age provided for under this policy,together with any costs,attorneys'fees and necessary or desirable to establish the title to the estate or interest,as insured,or expenses incurred by the insured claimant which were authorized by the Corn- to prevent or reduce loss or damage to the insured.The Company may take any pony up to the time of payment and which the Company is obligated to pay. appropriate action under the terms of this policy,whether or not it shall be liable Upon the exercise by the Company of either of the options provided for in hereunder,and shall not thereby concede liability or waive any provision of this paragraphs(b)(i)or(ii),the Company's obligations to the insured under this pol- policy.If the Company shall exercise its rights under this paragraph,it shall do so icy for the claimed loss or damage, other than the payments required to be diligently. made,shall terminate, including any liability or obligation to defend, prosecute (c) Whenever the Company shall have brought an action or interposed a or continue any litigation. defense as required or permitted by the provisions of this policy, the Company 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. may pursue any litigation to final determination by a court of competent jurisdic- This policy is o contract of indemnity against actual monetary loss or dam- tion and expressly reserves the right, in its sole discretion, to appeal from any age sustained or incurred by the insured claimant who has suffered loss or dam- adverse judgment or order. 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) i--ntinued and concluded on last page of this policy) 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 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. of: (a) The Company's Right of Subrogation. (i) the Amount of Insurance stated in Schedule A;or, Whenever the Company shall have settled and paid a claim under this pot- (ii) the difference between the value of the insured estate or interest as icy, all right of subrogation shall vest in the Company unaffected by any act of insured and the value of the insured estate or interest subject to the defect,lien the insured daimant. or encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and reme- (b) In the event the Amount of Insurance stated in Schedule A at the Dote of dies which the insured claimant would have had against any person or property Policy is less than 80 percent of the value of the insured estate or interest or the in respect to the claim had this policy not been issued. If requested by the Com- full consideration paid for the land,whichever is less,or if subsequent to the Dote pony,the insured claimant shall transfer to the Company all rights and remedies of Policy an improvement is erected on the land which increases the value of the against any person or property necessary in order to perfect this right of subro- insured estate or interest by at least 20 percent over the Amount of Insurance gation. The insured claimant shall permit the Company to sue, compromise or stated in Schedule A,then this Policy is subject to the following: settle in the name of the insured claimant and to use the name of the insured (i) where no subsequent improvement has been made, as to any par- claimant in any transaction or litigation involving these rights or remedies. tiol loss,the Company shall only pay the loss pro rata in the proportion that the If a payment on account of a claim does not fully cover the loss of the amount of insurance at Date of Policy bears to the total value of the insured insured claimant,the Company shall be subrogated to these rights and remedies estate or interest at Dote of Policy;or in the proportion which the Company's payment bean to the whole amount of (ii) where a subsequent improvement has been mode,as to any partial the loss. loss, the Company shall only pay the loss pro rota in the proportion that 120 If loss should result from any act of the insured claimant, as stated above, percent of the Amount of Insurance stated in Schedule A bears to the sum of the that act shall not void this policy, but the Company, in that event, shall be Amount of Insurance stated in Schedule A and the amount expended for the required to pay only that port of any losses insured against by this policy which improvement. shall exceed the amount, if any, lost to the Company by reason of the impair- The provisions of this paragraph shall not apply to costs,attorneys'fees and ment by the insured claimant of the Company's right of subrogation. expenses for which the Company is liable under this policy, and shall only apply (b) The Company's Rights Against Nan-insured Obligors. to that portion of any loss which exceeds, in the aggregate, 10 percent of the The Company's right of subrogation against non-insured obligors shall exist Amount of Insurance stated in Schedule A. and shall include,without limitation,the rights of the insured to indemnities,Quo- (c) The Company will pay only those costs, attorneys' fees and expenses ranties,other policies of insurance or bonds,notwithstanding any terms or condi- incurred in accordance with Section 4 of these Conditions and Stipulations. tions contained in those instruments which provide for subrogation rights by rea- 8. APPORTIONMENT. son of this policy. If the land described in Schedule A consists of two or more parcels which are 14. ARBITRATION not used as a single site, and a loss is established affecting one or more of the Unless prohibited by applicable law,either the Company or the insured may parcels but not all,the loss shall be computed and settled on a pro rata basis as demand arbitration pursuant to the Title Insurance Arbitration Rules of the Amen- if the amount of insurance under this policy was divided pro rota as to the value can Arbitration Association. Arbitrable matters may include, but are not limited on Dote of Policy of each separate parcel to the whole, exclusive of any to,any controversy or claim between the Company and the insured arising out of improvements made subsequent to Date of Policy, unless a liability or value has or relating to this policy,any service of the Company in connection with its issu- otherwise been agreed upon as to each parcel by the Company and the insured ante or the breach of a policy provision or other obligation. All arbitrable mat- at the time of the issuance of this policy and shown by an express statement or by ters when the Amount of Insurance is S1,000,000 or less shall be arbitrated at the an endorsement attached to this policy. option of either the Company or the insured. All arbitrable matters when the 9. UMITATION OF UABIUTY. Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when (a) If the Company establishes the title,or removes the alleged defect, lien agreed to by both the Company and the insured. Arbitration pursuant to this or encumbrance, or cures the lack of a right of access to or from the land, or policy and under the Rules in effect on the date the demand for arbitration is cures the claim of unmarketability of title,all as insured,in a reasonably diligent made or, at the option of the insured,the Rules in effect at Date of Policy shall manner by any method,including litigation and the completion of any appeals be binding upon the parties.The award may include attorneys'fees only if the therefrom,it shall have fully performed its obligations with respect to that matter laws of the state in which the land is located permit a court to award attorneys' and shall not be liable for any loss or damage caused thereby. fees to a prevailing party. Judgment upon the award rendered by the Arbifra- (b) In the event of any litigation,including litigation by the Company or with tor(s)may be entered in any court having jurisdiction thereof. the Company's consent,the Company shall have no liability for loss or damage The law of the situs of the land shall apply to on arbitration under the Title until there has been a final determination by a court of competent jurisdiction, Insurance Arbitration Rules. and disposition of all appeals therefrom,adverse to the title as insured. A copy of the Rules may be obtained from the Company upon request. (c) The Company shall not be liable for loss or damage to any insured for 15. LIABILITY UMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. liability voluntarily assumed by the insured in settling any claim or suit without the (a) This policy together with all endorsements, if any, attached hereto by prior written consent of the Company. the Company is the entire policy and contract between the insured and the Com- 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF pony.In interpreting any provision of this policy,this policy shall be construed as LIABILITY. a whole. All payments under this policy, except payments made for costs, attorneys' (b) Any claim of loss or damage,whether or not based on negligence,and fees and expenses,shall reduce the amount of the insurance pro tanto. which arises out of the status of the title to the estate or interest covered hereby or 11. LIABILITY NONCUMULATIVE. by any action asserting such claim,shall be restricted to this policy. It is expressly understood that the amount of insurance under this policy (c) No amendment of or endorsement to this policy can be made except by shall be reduced by any amount the Company may pay under any policy insuring a writing endorsed hereon or attached hereto signed by either the President,a a mortgage to which exception is taken in Schedule 8 or to which the insured Vice President, the Secretary, an Assistant Secretary, or validating officer or has agreed, assumed, or taken subject, or which is hereafter executed by an authorized signatory of the Company. insured and which is a charge or lien on the estate or interest described or 16. SEVERABILITY. referred to in Schedule A,and the amount so paid shall be deemed a payment In the event any provision of the policy is held invalid or unenforceable under under This policy to the insured owner. applicable law,the policy shall be deemed not to include that provision and all 12. PAYMENT OF LOSS, other provisions shall remain in full force and effect. (a) No payment shall be made without producing this policy for endorse- 17. NOTICES,WHERE SENT. ment of the payment unless the policy has been lost or destroyed,in which case All notices required to be given the Company and any statement in writing proof of loss or destruction shall be furnished to the satisfaction of the Company. required to be furnished the Company shall include the number of this policy and (b) When liability and the extent of loss or damage has been definitely shall be addressed to the Company at P.O. Box 2029,Houston,Texas 77252. fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. ALTA OWNERS POLICY—Amended 10/1 IN"' 101 SCHEDULEA Order No.: t sou:. Policy No.: 0 9902 144458 Date of Policy: June 06, 1986 At 4:09 P.M. Amount of Insurance: S 640,000.00 1. Name of Insured: PITKIN CF or JOINT VENTURE 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: P IN CEYTI'F'R JOIN']` VENTURE 4. The land referred to in this policy is described as follows: Lots 2 and 3, PITKIN CEN11.t.R SUBDIVISION (A L Split ) , as shown on the plat thereof recorded February 22, 1983 in Plat Book 14 at Page 36 as Reception No. 248117. County of Pitkin, State of Colorad Stewart Title`of Asperi,'•`Inc. 602 East Hyman • Aspen, Colorado 816111>u {/// / y (303) 925-3577 v is y ., ._ h..` Y i7 - Y 1 C✓ ' ql't § -.�i' rAUTHORIZED COUNTERSIGNATURE �»: kr ,a > r.• is sue' :t f ,p X .s 'e� ` 3 r *',4n,,t x� ae + slrww 1 ;:ft , . z ,.,r . : > ` *"."Mktet + 1t, STEWART TITLE it' GUARANTY COMPANY / , / ALTA OWNER'S POLICY—Moditled 10/73 • e' 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 >e plat of Pitkin Center Subdivision (A Lot Sp' ebruary 22, 1983 in Plat Book 14 at Page 36 as - eption No. 48117. 10. Terms , con i ions , and trictions as set forth in Statement of Exceptio From the Al‘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. STEWVART TITLE