HomeMy WebLinkAboutcoa.lu.ca.1301 E Cooper Ave.A78-96
CASEMAD SUMMARY SHEET - CITY O~PEN
DATE RECEIVED: 11/1/96
DATE COMPLETE:
PARCEL 1D # 2737-181-37-005
CASE # A 78-96
STAFF: Stan Clauson
PROJECT NAME: J&B Hotels Small Lottery
Project Address: 1301 E, Cooper Ave,
APPLICANT: J & B Hotels
AddresslPhone: 925-7081
REPRESENTATIVE: Joseph Wells
AddresslPhone: 602 Midland Park, Aspen 81611
RESPONSffiLE PARTY: Applicant
Other Name/Address:
FEES DUE
PLANNING $0
ENGINEER $0
HOUSING $0
ENVHEALTH $0
CLERK $0
TOTAL $
FEES RECEIVED
PLANNING $
ENGINEER $
HOUSING $
ENV HEALTH $
CLERK $
TOTAL RCVD $
# APPS RECEIVED
# PLATS RECEIVED
GIS DISK RECEIVED:
TYPE OF APPLICATION
Staff Approval
P&Z
CC
CC (2nd readin )
REFERRALS:
o City Attorney
o City Engineer
o Zoning
o Housing
o Environmental Health
o Parks
o Aspen Fire Marshal
o City Water
o City Electric'
o Clean Air Board
o Open Space Board
o Other:
o CDOT
DACSD
o Holy Cross Electric
o Rocky Mtn Natural Gas
o Aspen School District
o Other:
DATE REFERRED:
INITIALS:
DATE DUE:
APPROVAL:
OrdinanceIResoIution # Date:
Staff Approval ,1p, ~;;.;..- ) 0 Date:
Plat Recorded: L' .'f A Book, Page
0.0 (j<-" 00,,- e l<f>~......... ,. J = 'N.
~ ~ 0\), (9fJf,
CLOSED/Fll.ED DATE: .)h~/0 e
ROUTE TO: c: 7 C{ k--J.. ;
l)'lITIALS: .J.I'/1,rJ
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Joseph Wells Land Planning, !he.
602 Midland Park Place
Aspen, Colorado 81611
Phone: 970.925,8080
Facsimile: 970.925.8275
November 1, 1996
Mr. Dave Michaelson
Aspen Department of Community Development
130 South Galena Street
Aspen, Colorado 81611
Hand Delivered
Dear Dave:
As we previously discussed, I am submitting, on behalf of J & B Hotels, LLC,
an application for a lodge unit allocation under the newly established lottery
for LP lodges. You previously suggested that in order to allow staff sufficient
time to review these applications to determine eligibility prior to the
November 5 lottery drawing, we should submit our request by November 1.
Please give me a call if you would like to discuss this matter further or if you
need any additional information.
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SMALL LODGE EXPANSION LOTTERY APPLICATION
FOR THE CRESTAHAUS LODGE
This application requests, on behalf of J & B Hotels, LLC, owners of the Crestahaus
Lodge, approval of a lottery allotment for 10 lodge units under the Small Lodge
Expansion Lottery established by Ordinance 29, Series of 1996. The Applicant intends
to expand the lodge in conjunction with the improvement of the 31 existing lodge
units and the expansion of guest amenities and affordable housing.
In addition to the 31 lodge units, the lodge presently contains a dining area and
kitchen and two lounge areas. Two detached structures include affordable housing.
Previously, the owners agreed to deed-restrict 625 square foot of dormitory space and
a 270 square foot room for the Manager for affordable housing. The housing
director subsequently agreed to the relocation of this housing to an existing detached
single-family residence on the site. The previous owner also previously received
approval through a GMQS Exemption process to build a structure which contains
two deed-restricted studio apartments and a resident-occupied unit.
Specifically, the Crestahaus Lodge expansion will consist of the remodeling of 25 of
the 31 existing lodge units and approximately 9,047 sq ft. of accessory space, the
reconstruction of 6 of the existing lodge units, the addition of 10 new lodge units
and approximately 17,137 sq ft. of accessory space and the conversion of 6 of the
existing lodge units to deed-restricted studio apartments for employees. There will
be a total of 41 lodge units in the facility upon completion of the expansion.
Upon receipt of a lodge unit allotment, the applicant will file for "change in use"
review as called for by Ordinance 29 and special review as required under Sec. 26-64
of the Code, to establish the external floor area ratio to be allowed, and the open
space and parking to be required for the project.
The attached narrative addresses the requirements for an application for inclusion
in the Small Lodge Expansion Lottery.
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I. Application Form (Attachment 1):
The application form is attached as Exhibit A.
II. Minimum Submission Requirements (Attachment 2):
All Lottery Applications shall include, at a minimum, the following information
and materials:
A. The applicant's name, address and telephone number, contained within a
letter signed by the applicant stating the name, address, and telephone number of
the representative authorized to act on behalf of the applicant.
A letter from the applicant authorizing Joseph Wells Land Planning to act as
representative of the applicant is attached as Exhibit B.
B. The street address and legal description of the parcel on which the conversion
or expansion is proposed to occur.
The street address of the Crestahaus Lodge is 1301 East Cooper Avenue. The legal
description of the parcel on which the expansion is proposed to occur is attached
to the title commitment attached as Exhibit C.
C. A disclosure of ownership of the small lodge on which the conversion is
proposed to occur, consisting of a current certificate from a title insurance
company, or attorney licensed to practice in the State of Colorado, listing the
names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the
owner's right to apply for the Lottery.
A title commitment prepared by Stewart Title Company is attached as
Exhibit C.
D. An 8.5" x 11.0" vicinity map locating the subject Lodge within the City of
Aspen.
A vicinity map locating the subject Lodge within the City of Aspen is attached as
Exhibit D.
III. Specific Submission Requirements (Attachment 3):
A lottery application shall consist of three (3) copies of the following information:
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A. A written description of the proposed development including statements
addressing the following:
1. The total development area of the proposed project; the type of
housing, commercial or lodge expansion proposed; total number of units and
bedrooms, including employee housing; and a tabular analysis outlining the
proposed development's compliance with the dimensional and use
requirements of the appropriate zone districts. Since some underlying zone
districts allow mixed uses, and an applicant may request inclusion in the
commercial, residential and lodge expansion lotteries.
a. Total development area of the proposed project.
Total development area of the proposed project is 56,192 sq.ft.
b. Type of housing, commercial or lodge expansion proposed.
The existing 31 lodge unit facility is proposed to be expanded by the
addition of 10 lodge units, to 41 lodge units. Accessory commercial space
and other common areas of the lodge are proposed to be expanded from
approximately 5,291 sq. ft. to approximately 12,240 sq. ft. Affordable
housing to be provided for the lodge is to be expanded from approximately
895 sq. ft. to approximately 2,946 sq. ft.
c. Total number of units and bedrooms, including employee housing.
Following expansion, the lodge will include 41 lodge units with 41 lodge
bedrooms, 8 deed-restricted studio apartments for affordable housing for
the lodge and a one-bedroom apartment deed restricted to resident
occupancy.
d. Tabular analysis outlining the proposed development's compliance
with the dimensional and use requirements of the appropriate zone
districts:
i. Purpose:
The expansion of the lodge is consistent with the purpose of the Lodge
Preservation (LP) Overlay Zone District, which is "to provide for and
protect small lodge uses in areas historically used for lodge
accommodations, to permit expansion of these lodges when such
expansions are compatible with neighboring properties, and provide an
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incentive for upgrading existing lodges on-site or onto adjacent
properties."
ii. Permitted uses:
The expanded lodge will include the following uses, which are
permitted as of right in the LP Overlay zone district:
(a) Lodge units.
(b) Accessory use facilities intended for guests of permitted lodge
units, which are commonly found in association and are for guests
only, including office, lounge, kitchen, dining room, laundry and
recreational facilities.
(c) Affordable housing for employees of the lodge.
(d) Accessory buildings and uses.
iii. Conditional uses.
The following use which is permitted as a conditional use in the LP
Overlay zone district, subject to the standards and procedures
established in Chapter 26.60, is proposed to be maintained within the
expanded lodge:
(a) Restaurant included within a lodge operation serving guests
and others.
iv. Dimensional requirements.
The expansion will be in compliance with the following dimensional
requirements which apply to all permitted and conditional uses in the
LP Overlay zone district:
(a) Minimum lot size: No requirement.
Minimum lot size is not applicable to the project,
(b) Minimum lot area per dwelling unit: No requirement.
Minimum lot area per dwelling unit is not applicable to the project.
(c) Minimum lot width: No requirement.
Minimum lot area per dwelling unit is not applicable to the project.
(d) Minimum front yard: 10 feet.
A minimum front yard setback of 10 feet will be maintained for the
expansion.
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(e) Minimum side yard: 5 feet.
Minimum side yard setbacks of 5 feet will be maintained for the
expansion.
(f) Minimum rear yard: 10 feet.
A minimum rear yard setback of 10 feet will be maintained for the
expansion.
(g) Maximum height: 25 feet.
A maximum height of 25 feet will be maintained for the expansion.
(h) Minimum distance between principal and accessory buildings:
10 feet.
A minimum distance of 10 feet between principal and accessory
buildings will be maintained for the expansion.
(i) Percent of open space required for building site: 35 percent (can
be varied by special review pursuant to Section 26.64).
The percentage of open space proposed to be provided for the
building site which complies with the current open space definition
is approximately 30 percent. Therefore, the open space requirement
must be approved by special review, as provided under Ordinance
29, Series of 1996.
(j) External floor area ratio: Established by special review pursuant
to Chapter 26.64, not to exceed 1:1.
The FAR square footage of the expanded facility, which must be
established by special review, is approximately 0.62:1 (34,613 FAR sq.
ft. on a 56,192 sq. ft site).
(k) Internal floor area ratio:
(1) Lodge rental space: Maximum of 0.75:1, which can be
increased to 1:1 internal FAR of lodge rental space provided
33.3% of the additional floor area is approved for residential use
restricted to affordable housing for employees of the lodge.
The ratio of the lodge rental space to all uses in the expanded
facility- approximately 17,137 sq, ft. of a total of approximately
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34,613 sq. ft.- is 0.50:1. This is a reduction from the present
internal floor area ratio for lodge rooms of 0.57:1 and results
from the proposed expansion of the accessory uses and affordable
housing in the facility.
v. Off-street parking requirement:
The expansion will be in compliance with the following off-street
parking requirements in the LP Overlay zone district, subject to the
provisions of Chapter 26.32:
(a) Lodge use: 0.7 spaces/bedroom, of which 0.2 space/bedroom can
be provided via a payment in lieu pursuant to Chapter 26.64.
The requirement for a 41 lodge room facility is 29 spaces.
(b) All other uses: 4 spaces/l,OOO square feet of net leasable area.
No additional parking will be proposed for the common areas
within the lodge because these areas are accessory to the lodge
facility .
(c) Parking requirements for affordable housing: to be established
by special review.
Under the provisions of Sec. 26.32.010, the off-street parking
requirements for all affordable housing "shall be established by
special review pursuant to Chapter 26.64". Pending further
discussions with staff, it is the applicant's intention to request a
reduction.in the number of off-street parking spaces from that
required to be provided for residential development because of the
proximity of the housing to the employee's workplace.
The applicant is requesting inclusion only in the lodge expansion lottery.
ii. The method by which affordable housing will be provided, based on
analysis of previous employee generation and expected employee generation
following conversion. If necessary, a description of the type and amount of
such housing shall also be provided.
The applicant will propose to convert 6 existing lodge units to studio
apartments and deed restrict the studios to use for affordable housing for
lodge employees. The applicant will also propose to assign the two existing
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deed-restricted studios in the triplex which were previously approved
through a GMQS Exemption process to use for lodge employees only.
The previous owner was allowed to relocate the 895 sq. ft. of housing
previously required to be provided within the original lodge facility to the
existing detached residential structure on the property. Since this building
will be removed under the proposal to expand the lodge, this housing will
proposed to be replaced by a portiori of the housing described above.
Preliminary staffing plans for the present lodge facility and the proposed
lodge as expanded are attached as Exhibit E. These plans are subject to further
review by the owners and may be revised in the subsequent submission as a
result of such discussions.
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Present Zoning
AAND USE APPLICATION FORM ,.-"
Cre<;:tc:.ltaos Iodr~.. ..)
/30/6o:d- (be;] Avevwe M Ch ?/6/1
..see B/ d~ .a-jl-~e4 to5~b 71#J~~
( ndicate str et address, lot & block number, legal description where appropriate) ~~
;r~~ Lot Size SG/IfC- 57ft;
Jib ~t.ds; Uc_ Phone# 9:u- -logl
/3c;?/ ~ ~&eww~J #;=u CJ&-$1o!,/!
vbs.eph j1/~/I~ h J-I? / He-
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EXHIBIT A
Project Name
Project Location
. APPLICANT
Address
REPRESENTATIVE
Address
Phone # 710 - '1 2G" -dlcJJ>o
~ 3/6/1
Type of Application (please check all that apply):
~ Conditional Use t:t/~) 0 Conceptual POO 0 Conceptual Historic Devt.
0 Condominiumization 0 Final POO (& POO Amendment) 0 Final Historic Development
0 Design Review Appeal 0 Conceptual SPA 0 Minor Historic Devt.
0 GMQS Allotment 0 Final SPA (& SPA Amend.rD.ent) 0 Historic Demolition
.0 GMQS ExemptionG0/t.?w.r) ~ Special Review (fr>/~ ) 0 Historic Designation
. '
0 Lot Line Adjustment 0 Subdivision 0 TextlMap Amendment
0 Lot Split 0 Temporary Use 0 Other:
0 ESA - 8040 Greenline, Stream ~ Small Lodge Gonversion/
Margin, Hallam Lake Bluff, Expansion
Mountain View Plane
Description of Existing Uses (number and type of existing structures; approximate square feet; number of
bedrooms; any previous approvals gn;nted to the property): ~
. 7bta/ ;;:: ?/ ~j . th, e.- ~h-"c;;vrd tfG1<f7 Tr cf <U?c?aJ",
/;, Wo 5' C :nM /vUkJd Q) ~z;.6!(.(/ . /tdo C)d./l~.,;) I
-I-'?U;nq~ h.9v.f"U; ~ ~c;:o7i:d' i!fvI ~ ,.5/1& .
Description ofDevelo~ment Application: .
t!3< ~51tm "-T ,b1f!J ~U#I-t- ~ Ili/37 '/fc/SJ(?c?US .~
~~ '" 6:6~t!:-~.Md~Ved~ &>.~6 '1fit1 U~qle~
t;) ~<Pr-I 1'Ufn;::.t-~ 7l&CI?ij'
Have YOll attached the following?
. Response to Attachment 2, Minimum Subrnission Contents r~
. Response to Attachment 3, Specific Submission Contents tt e.&
. Response to Attachment 4, Review Standards for Your Application 1.3'
J 6( B Hotelsl LLC
EXHIBIT B
October 30,1996
Mr. Stan Clauson
Director of Community Development,
City of Aspen
130 S. Galena Street
Aspen, CO 81611
Dear Mr. Clauson:
I am writing to you on behalf of J & B Hotels, LLC, current owner of the
Crestahaus Lodge located at 1301 East Cooper Avenue, Aspen. My letter is
confirm that J & B Hotels, LLC has authorized Joseph Wells Land Planning,
Inc. to file on our behalf the attached application for a lottery allocation to
allow the owner to proceed with a conditional use request for a ten-unit
expansion of the lodge.
During the processing of this request, please contact Joe Wells at 925-8080 if
you have any questions or need additional information.
Sincerely yours,
, ,
" Manager
1301 E. Cooper Ave., Aspen, Colorado. (970)925-7081 FAX (970)925-1610
EXHIBIT C
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AN'D THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARAl'o/TY COMPAL'lY, 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 tbe 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
duly authorized officers as of the Dale of Policy shown in Schedule A.
STEWART TITLE
GUARANTY COMPANY
Countersigned:
~d2/~^A
Authofized Countersignature n
STEWART TITLE OF ASPEN,INC. IJ
Agent ID #Q60IlA
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss
attorneys' fees Of e:qJenses which arise by reason of:
1. (a) Any Jaw, ordinance or governmental regultl.l:ion (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; (Hi) 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.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thc:reof or a notice of a
defect. lien or encumbrance resulting from a violation or aJleged 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 c!::l.irnant and not disclosed in
writing to the Company by the insured claimant prior to the date the insured claimant became an 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 ~state or interest insured
by this policy.
4. Any claim. which arises out of the transaction vesting in the Insured the estate or interest insurl:d by this policy. by reason of the operation
of federal bankruptcy, state insolvency. or similar creditors' rights laws; that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyanl.:C: or fraudulent transfc:r: or
(b) the transaction creating the estate or interest insured by this policy being deemed a prderential transfer e:~..:ept where the preferential
transfer results from the failure: (1) to timely record the instrument of transfer; or (ii) of SUl.:h recordation to impart notice to a purchaser for
value or a iude:ment or lien creditor.
Serial No. 0-9701--1795
CONDITIONS AND STIPliLA TIONS
. .
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) '"insured": the insured named in Schedule A, and, subject to arty rights or defenses the Company would have had against the
named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, 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 may be imputed to an insured by reason
of the public records as dermed 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 improvements affixed thereto which by law 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, lanes, ways or waterways, but nothing herein shall 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, tnlst deed, or other security instrument.
(t) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(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) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage,
which would entitle a 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 INSURAl'lCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an
estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a 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 conveyance
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 (u) an indebtedness secured by a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i).in case of any litigation as set forth in Section 4(a) below, (il) in case
knowledge shall come to an 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 (ill) if title to the estate.
or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability
of the Company shall tenninate 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.
4. 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 insu'red, 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 ca,uses of action and shall 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 Company shall have the right, at its own cost, to institute and prosecute 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 may take any appropriate 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 diligently.
(c) \Vhenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this
policy. the Company may pursue any litigation to fmal determination by a court of competent jurisdiction and expressly reserves the right,
in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed-
ing. the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals
therein. and permit the Company to use, at its option, the name of the insured for this purpose. Wbenever requested by the Company, the
insured, at the Company's expense, shall give the Company all reasonable aid 0) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting senlement, and (ii) in any other lawful act which in the opinion
of the Company may be necessary or desirable to eSbblish the title to the estate or interest as insured. If the Company is prejudiced by the
[ailure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate,
including any liability or obligation to defend. prosecute. or continue any litigation, with regard to the matter or matters requiring such
cooperation.
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ALTA OWNER'S POLlCY
SCHEDULE A
Order Number: 00022907
Policy No.: 0-9701-4795
Date of Policy: June 05, 1996 at 4:10 P.M.
Amount of Insurance: $
1. Name of Insured:
J & B HOTELS, L.L.C., A LIMITED LIABILITY COMPANY
2. The estate or interest in the land which is cavered lJy this policy is:
FEE SIMPLE
3. TItle to the estate or interest in the land is vested in:
J & B HOTELS, L.L.C., A LIMITED LIABILITY COMPANY
4. The land referred to in this policy is described as follows:
See Attached Legal Description
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SCHEDULE A
(~
Order Number: 00022907
LEGAL DESCRIP110N
A parcel of,land being pare of ehe Riverside Addieion eo ehe ciey and Townsiee
of Aspen, Colorado, said parcel is more fully described as follows:
Beginning ae a poine being a plaseic cap on a No.5 rebar seamped L. S. 2376
whence corner 8 of ehe Riverside Placer U.S.M.S. No. 3905 A.M. being a brass
cap daeed 1954 bears Noreh 85008' Wese 544.05 feee,
ehence Noreh 15041' Wese 92.08 feet;
thence Noreh 14006'59" Wese 122.02 feet;
thence Noreh 13013'32" East 40.54 feee;
thence Noreh 78022'05" East 33.31 feet;
thence Noreh 37034'04" East 56.45 feet
ehence Noreh 68024'15" East 27.55 feet;
thence Soueh 50037' East 77.76 feet;
thence Soueh 34021' Ease 150.08 feet;
thence 93.50 feet along a curve eo ehe right having the radius 760.00 feee
(the chord of which bears South 24003' Ease 93.00 feet);
thence South 77045'50" Wese 235.32 feet to the point of beginning.
COUNTY OF PITKIN, STA!l'E OF COLORADO
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ALTA OWNER'S POLlCY
SCHEDULE B
Order Number: 00022907
Policy No.: 0-9701-4795
This policy does not insure against loss Or damage (and the Comparry will not pay costs, attorneys' fees or expenses)
which arise l7y reason of'
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown l7y the public records.
3. Discrepancies, conflicts in boundary lines, shonage 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. Arry lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown l7y the public records.
5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof;
water rights claims or title to water.
6.
Taxes and Assessments
subsequent years and any
rolls of Pitkin County.
for the year 1996, not
special assessments not yet
yet due and payable, and
certified on the tax
7. Any vein or lode of quartz or other rock in place bearing gold, silver,
cinnabar, lead, tin, copper or other valuable deposit claimed or known to
exist on Harch 23, 1885, and right of a proprietor of a vein or lode to
extract and remove his ore thereErom, should the same be round to penetrate
or intersect the premises, as reserved by Patent recorded June 17, 1949 in
Book 175 at Page 246.
8. Terms, conditions obligations and restrictions as set forth in Occupancy and
Rental Deed Restrictions and Agreement recorded December 16, 1987 in Book 553
at Page 206 as Reception No. 295853.
9. Terms, conditions, obligations and restrictions as set Iorth in instruments
entitled " Occupancy Deed Restriction' and Agreement! Affordable Dwelling
Unit..." recorded August 3, 1992 in Book 685 at Page 208 as Reception No.
347308, and in Book 685 at Page 211 as Reception No. 347309, and in Book 685
at Page 216 as Reception No. 347310.
10.
A Deed of Trust dated June 1, 1996,
the Public Trustee of Pitkin County,
'$2,800,000.00, in favor of Active
corporation, recorded June 5, 1996 as
executed by J & B Hotels, LLC, to
to secure an indebtedness of
Mortgage Corp., a California
Reception No. 393376.
"....,
, jNDITIONS AND STIPULA nONS Continued
/""\
S. PROOF OF LOSS OR DA.\1AGE.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signd
And sworn to by the insure:d claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the 1088 or damage.
The proof of toss or damage shall describe the defect in, or lien or encumbrance on the title. arother matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including !lny 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 re3.sonably be required to submit to examination under oath by any autho,rized representative of the Company and shaH
produce for ~xamination, inspection and copying, at such reasonable times and places as may be designated by'any authorized representative of the Company, all records.
books, ledgers, checks. correspondence and memoranda, whether bearing a date 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 any authorized representative of the Company
to examine, inspect and copy aU 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 daimant 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.
produce other reasonably requested information or grant pennission to secure reasonably necessary information from third pa1ties as required in this paragraph shan
tenninate any liability of the Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETnE CLAIMS; TER.\IlNATION OF LIABILITY.
In case of a claim under this pOlicy, the Company shall have the following a,dditional options:
(a) To Payor Tender Payment of the Amount oflosurance.
To payor 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 underthis 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 canceltation.
(b) T. Payor Otherwise Settle With Parties Other than the losured or With the losured Claimant.
(i) to payor otherwise settle with other parties for or in the aame of an insured claimant any claim insured against under this policy, together with any costs.
anomeys' fri!:es 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 payor othc1">lIise settle with the insured claimant the loss or damage provided for 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.
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 policy for the
claimed loss or damage, other than the payments required to be- made~ shall terminate, inclUding. any liability or obligation to defend, prosecute or continue any. litigation.
7. DETER.\IlNATiON, EXTENT OF LIABILITY A."'D COINSURANCE.
This policy is a contract of indemnity against. actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason
of matters insured against by this policy and only to the extent herein descnoed.
(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 encum-
brance 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 an improvement is erected on the land which increases the value of the insured
esta~ 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 partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date ofPoiicy bears to the total value of the insured estate or interest at Date of Policy; or
(ii) where II; sub~quent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata 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.
Th.: provisions of this paragraph shall not apply to costs. attorneys' fees and .;xp.:nses 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 <::xpenses incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTlO~IE:"T.
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 oot all. the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy
of each separate parcel to the whole. exclusive of any improv.:ments made subsequent to Date of Policy, unless a liability or valu.: has otherwise been agreed upon as to
each parcd by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsem.:nt atbched to this policy.
(continued and concluded on last page of this policy)
(ALTA Owner's Policy)
r"'.
1"""1
9. LlI>UTATION OF LIABILITY.
(a) If th~ Company establishes the title, or removes the alleged ddect. lien or encumbrance. or cures the lack of a right of access to or from the land, or CUres the
claim of unmarketability of tide. aUas insured, in a reasonably diligent manner by any method, including litigation and tho;:: completion of any appeals therefrom. it shall
have fully perfonned its obligations with respect to that maner and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation. including litigation by the Company orwith the Company's consent, the Company shall have no liability for loss or damage until
there has been a tinal determination by a court of competent jurisdiction. and disposition of all appeals therefrom. advcrsc 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 insun:d in settling any claim or suit without the prior
written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERI,1lNATlON 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 NONCliMULATlVE.
It is expr-:ssly 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 endorsement 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. SIJBROGATION UPON PAYMENT OR SETTLE.'o1ENT.
(a) The Company's Right of Subrogation.
Whenever the Company shaIl have senled and paid a claim under this policy, 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 remedies which the insured claimant would have had against any person or property in
respect to the claim bad this policy not been issued. If requested by the. Company, the insured claimant shall transfer to the Company aU rights and remedies against any
person or property necessary in order to perfect this right of subrogation. The insured claimant shall pennit the Company to sue, compromise or settle in the name oflbe
insured claimant and to use the name of the insured claimant in any ti'ansaction 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 impairment 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, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instnlments which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American
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 Company in connection with its issuance or the breach of a policy provision or other' obligation. All arbitrable matters when the Amount
of Insurance is $1,000,000 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 51,000,000 shall be arbitra~d only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect 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
anorneys' 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. Iudgment upon the award rend~red
by the Arbitrlltor(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
IS. LIABILITY LIMlTED 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 Company. In
interpreting any provision of this policy. this policy shall be construed as a whole.
(b) Any claim of loss or damagl:, whethl:r 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 made except by a writing endorsed hereon or attached hereto signed by either thl: President. a Vice
President. the Secretary, an As~istant 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 bl: 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 givl:n the Company and any statement in writing required to be furnished the Company shaU include the number of this policy and shall
be address.::d to the Company at P.O. Bo~ 2029, Houston. Texas7nj2~2029.
STEWART TITLE
GUARANTY COMPANY
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