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Home My WebLink AboutLand Use Case.834 E Durant Ave.0052.2018.ASLU. X 834 E Durant - 0052.2018.ASLU Remove Deed Restricted ADU/Carriage House PID: 2737-182-38-039 â‚¬ caaa ol ' 1 5 //9 / ./. f 44'4K COMMUNITY 4|~~ DEVELOPMENT CITY OF ASPEN CASE NUMBER 0052.2018.ASLU PROJECTADDRESS 834 E. DURANT AVE. PARCELID 273718238039 PLANNER BEN ANDERSON CASE DESCRIPTION REMOVE A DEE RESTRICTED ADU/CARRIAGE HOUISE REPRESENTATIVE STEEV WILSON DATE OF FINAL 08/22/18 ACTION CLOSED BY RICHARD GEISKI 04/10/19 DC)53. 60/8. Asa Main Custom Fields Royting S tatus Fee SummarM Actions Routing History Permit type ~ aslu |Aspen Land Use Permit # ~0052.2018-ASLU Address ~ 834 E DURANT AVE 2- Apt/Suite|ENCLAVE #9 City ASPEN State~CO Zip 81611 1 Permit Information Mastef permit Routing queue | aslu15 Applied ~07/30/2018 Prolect ~ Status pending Approved | Description Remove a Deed Restricted ADU/Carriage House Issued ~ PID: 2737Â·182-38-034 Closed/Final | Submitted Steev Wilson clock [GW| Davs Fi Expires | 07/25/2019 Submitted via | ~ Owner Last name |4DER0UD FAMILY TRUST First name 1605 LA JOLIA RANCHO RD LA JOLL-A CA 92037 Phone [}- Address Applicant B Owner is applicant? El Contractor is applicant? Last name ZAYANDEROUDI FAMILY T First name ~ | 1605 LA JOLLA RANCHO RD LA JOLLA CA 92037 Phone (] - Cust # 31086 Address E mail Lender Last name First name ~ Phone [1 - Address Check 3101 POP+ 4 000 45179 441692 00 Iiâ‚¬.F r PA,9 -1 1,301 iI 1 0052. zo /8. Agul :â€¢*@27 RECEIVED CITY OFASPEN JUL 3 0 2018 611 1 oF ASPEN 04,4.u?JTY DEVELOPMENT Land Use Application Determination of Completeness Date: July 26,2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 834 E. Durant, Amendment to an ADU Development Order and have reviewed it for completeness (and not compliance). U Your Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file sharing) 2) Review deposit of $975.00 (to be billed hourly). 4 3) One additional hard copy of the application. 4 Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thant-Yall, Jennifer Phel~r~ Deputy Planning Director City of AsperÂ¥rCommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD Yes No X_ Subdivision, or PD (creating more than 1 additional lot)_ GMQS Allotments Residential Affordable Housing Yes No__X___ Commercial E.P.F. Lodging 130 South Galena Street Aspen, COB'onÂ·1975 ! P: 970.920.5000 1 F: 970.920.5197 I cityof- .spen.coni DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit application submittal is accepted and deemed complete by the Chief Building Official, pursuant to Section 26.304.090, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Zavanderoudi Family Trust 1605 La Jolla Rancho Road. La Jolla. CA 92037 Property Owner' s Name, Mailing Address Steev Wilson Forum Phi 715 W. Main St. #204, Aspen, CO 81611 Applicant's Name, Mailing Address The Enclave at Aspen 834 East Durant Avenue, Aspen, CO 81611 Legal Description and Street Address of Subject Property The applicant has received administrative approval to remove an Accessory Dwelling Unit & Vacation of the Deed Restriction. Written Description of the Site-Specific Plan and/or Attachment Describing Plan Administrative Approval for an amendment to a development order: Removing an ADU & Deed Restriction. Reception #649749 (8/22/2018) Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) August 30.2018 Effective Date of Development Order (Same date as noticed in the Aspen Times) August 30,2021 Expiration Date of Development Order (The extension, reinstatement, exemptionfrom expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 24th day of August 2018, by the City of Aspen Community Development Director. Jesdica Garrow, dommunity Development Director 3Â£/\ AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 834 6 2 DwÂ·ove AÂ»-k_ , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City or Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: 4~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval o f a site specific development plan. ~A copy of thepublication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City ofAspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "j~idavit of Notice" was acknowledged before me this 30 day of ~ik=~v,-5 , 20(UL by A--636(P.. 46 C--c,~.-6~_~-3 PUBLIC NOTICE OF DEVELOPMENT APPROVAL WITNESS -MY-HAND ANI )FFICIAL SEAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to the Land Use Code of the City of Aspen and Title My commission expires: 1 ~16 /21; 2 1 24. Article 68, Colorado Revised Statutes, pertain- ing to the following legally described properly:The Enclave at Aspen Lot 9,City of Aspen,County of 1142 Nk loi~v-1 Pitkin, State of Colorado; the property commonly known as 834 East Durant Avenue, by order of The Community Development Director on August 24, 2018 via a Notice of Approval, Reception Notary Public No.649749 The Applicant. received approval for an Amendment of an ADU or Carriage House De- - TARA L. NELSON--1 velopment Order, Removing an ADU.For further information contact Ben Anderson. at the City of .. NOTARY PUBLIC Aspen Community Development Dept. 130 S. STATE OF COLORADO Galena St, Aspen, Colorado 429-2765 ben.ander son@cityofaspen.com. ATTACHMENTS: NOTARY ID #20014030017 s/ City of Aspen My Commission Expires September 25,2021 Publish in The Aspen Times on August 30, 2018, 0000297016 COPY OF THE PUBLICATION DIO Janice K. Vos Caudill ~),THIN Transaction Receipt Pitkin County Clerk and Recorder Print Date: 08/22/2018 10:57:21 AM 534 East Hyman Avenue 'CouNT< Transaction #613041 Aspen, CO 81611 --Â·Â·Â· Â·-- â‚¬v-v~-xÂ® - -Â·Â·---- Transaction Type: Recording (970)429-2716 Receipt #2018004301 Cashier: Patty Nadon Cashier Date: 08/22/2018 10:57:20 AM Number of Documents Recorded: 1 Reception#649749 - APPROVAL - 2pg(s) Recording Surcharge: $3.00 Recording Fee: $15.00 $18.00 Total Fees $18.00 Payment Received: Check #3242 $18.00 Change $0.00 Presented by: ASPEN CITY OF (COMM DEV) COMMUNITY DEVELOPMENT 130 S GALENA ST ASPEN, CO 81611 111111111111111111111111 â€žâ€ž1... illilillilillilillillillillillillillilli RECEPTION#: 649749, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 08/22/2018 at 10:57:20 AM Janice K. Vos Caudill, Pitkin County, CO NOTICE OF APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT ORDER FOR AN ACCESSORY DWELLING UNIT, ALLOWING FOR THE REMOVAL OF SAID ADU AND THE VACATION OF THE ASSOCIATED DEED RESTRICTION ON THE PROPERTY COMMONLY DESCRIBED AS 834 EAST DURANT AVENUE, LEGALLY DESCRIBED AS THE ENCLAVE AT ASPEN LOT 9, THE CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, STATE OF COLORADO. Parcel ID No. 273718238039 APPLICANT Zayanderoudi Family Trust REPRESENTATIVE: Steer Wilson, Forum Phi SUBJECT & SITE OF AMENDMENT: Removal of an Accessory Dwelling Unit (ADU) and vacation of a deed restriction from a townhome located at 834 East Durant Avenue pursuant to Land Use Code Section 26.520.090[C], Removing an ADU/Carriage House. The subject property is 834 East Durant Avenue Unit 9, legally described the Enclave in Aspen Lot 9, the City and Townsite of Aspen, Pitkin County, Colorado. SUMMARY: This accessory dwelling unit was approved via a conditional use approval in 1990 as part of the Oblock Subdivision. Four accessory dwelling units were voluntarily provided, and a deed restriction was recorded in 1993 for the 350 square foot accessory dwelling unit pursuant to Ordinance 60 (Cottage Infill), Ordinance One (Housing Replacement program), and Section 5-510 of the Aspen City Land Use Code, Resolution 90-1 and 90-14. Occupancy of the ADU was not mandatory. The Applicant proposes to remove the ADU and vacate the deed restriction. Section 26.520.090[C] establishes the approval process for removal of ADUs. In order to initiate the vacation of the deed restriction, the Applicant will be required to mitigate for affordable housing at a Category 2 rate for .38 full-time equivalents (FTEs). The Land Use Code allows for the required mitigation to be achieved by either a fee-in-lieu payment or the extinguishment of an Affordable Housing Credit. The Applicant has proposed to purchase a Certificate of Affordable 1Iousing Credit that represents a.38 FTE Category 2. The transfer of the Certificate must be completed to extinguish the Credit. Additionally, the structural changes necessary to remove the ADU must be issued a building permit and pass a final inspection by the Chief Building Official. According to the application, a building permit has been submitted, however the building department must confirm that the changes are made before the deed restriction will be removed. STAFF EVALUATION: Staff finds that the request meets the requirements of an Amendment of an ADU or Carriage House Development Order; allowing for the removal of an ADU/Carriage House. DECISION: The Community Development Director finds the Amendment of an Accessory Dwelling Unit Development Order to remove an ADU unit and vacate a deed restriction as noted above meets the requirements as described in the Land Use Code, and APPROVES the request to vacate the ADU subject to the following conditions: 1) The extinguishment of an Affordable Housing Certificate of.38 FTE provided at a Category 2 rate. This requirement will be implemented as part of the building permit process. 2) The application for a building permit and issuance of a Certificate of Occupancy or Letter of Completion by the Chief Building Official approving the physical changes made to the ADU to include, but not limited to the removal of necessary kitchen facilities. 3) Once both conditions are met, a release of deed restriction, approved by the Aspen Pitkin County Housing Authority and acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. APPROVED BY: TUALLU*k El-zÂ©laal Â·rwlessica GarroW 0 Date F Community Development Director CONSENTED TO: i#L U- '8~20118 Signed: Steev Wilson Date Attachments: Exhibit A - Ordinance No. 14, Series of 1990 Granting Subdivision and Vested Rights (not recorded) Exhibit B - Original ADU Deed Restriction (Reception # 361562) (not recorded) Exhibit C - Certificate of Affordable Housing Credit (not recorded) Exhibit D - Application (not recorded) I'll!51.-3 EXHIBIT A ORDINANCE No. 14 (SERIES OF 1990) AN ORDINANCE OF TIIE ASPEN CITY COUNCIL GRANTING A SUBDIVISION AND VESTED RIGHTS FOR LOTS D-I AND N-S, BLOCK 112 WHEREAS, pursuant to Section 3-101 of the Aspen Land Use Code, a development application requires subdivision review for land to be' used for condominiums, apartments or any other multiple-dwelling units; and WHEREAS, pursuant to , Sections .8-104 and 7-10 Q4 the Commission reviewed the request for conditional use review for accessory dwelling units and subdivision; and WHEREAS, a duly noticed Public Hearing was held by the Aspen planning and Zoning Commission (hereinafter , "Commission") on . February 6, 1990 to consider the conditional use review and subdivision review ' application, at which time the Commission reviewed the application;,and WHEREAS, the Commission considered the representations and commitments made by the applicant and approved the conditional use for four accessory dwelling units with conditions; and WREREAS, the , Commission recommends to City Council subdivision approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant subdlvision for Lots D-I and N-S, Block 112. /h ' 1 , Silvia Davis, Pitkin Cnty Clerk, Doc $.00 #361532 09/28/93 14:36 Rec $160.00 BK 725 PG 270 '' ' . : ' ' '' 'J I j. / 2:Al : ; Lt i Â·'4â€¢'h ; 119- 0 11' Ii': : . 6~44,- :iLIS i . ..3 C. K. 3 Section 2: That it does hereby grant subdivision ah recommended by the Aspen Planning and Zoning Commission, for the Oblock parcel located betweeri Cooper and Durant on West End, Lots D-I and N-S, Block 112, with the following conditions: 1. prior to the issuance of a building permit a final plat shall be filed subject to review and approval of the Engineering Department. The final plat shall include but not limited to: a. The surveyor's certificate must indicate that all easements indicated on Title Policy No. 0-9941-38538, dated December 9, 1988, have been shown on this plat. b. Easements for transformers and utility pedestals subject to review by the Engineering Department. c. An above grade trash service area., 2. Prior to the issuance of a building permit a subdivision agreement shall be submitted for review and approval by the Planning Department. The Subdivision Agreement shall includd but not be limited to: a. an agreement to join any future improvements districts. b. language binding the applicant to bond for five years the value of the large evergreens (removed for the garage ramp) for relocation or replacement purposes. 3. Project approval shall be conditioned upon receiving an encroachment license for the parking garage. If an encroachment license is not granted then the applicant shall submit new site plans for,staff and P&Z review. X. 2 #361532 09/28/93 14:36 Rec $160.00 BK 725 PG 271 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 . 141 111.1.01 i + . 4. Prior to 'issuance of a building permit the applicant shall submit a storm water drainage plan to be reviewed and approved by the Engineering Department the plan shall include, but not limited' to, demonstration that the historic drainage pattern will not be affected and all snowmelt facilities, foundation drains or outside floor drains shall be connected to a dry well of the storm sewer, in accordance with the Clean Water, Act. 5. Prior to final approval, a portion of the existing fencing should be relocated because it is in the public rightuof-way and blocks public use of the sidewalk area. .. 6. The City requests that if any boulders larger than 36" are excavated on the site and are not needed that they be provided to the City. Â· ' 7. Prior to recordation of the subdivision agreement and final plat, the applicant shall submit documentation to the Planning Department demonstrating that downstream collection constraints can be mitigated to the satisfaction of the Aspen Consolidated Sanitation District. The actual cost and financial guarantee shall be incorporated into the subdivision agreement. 8. Prior to the issuance of. an excavation permit,Â· the tunnel and underground garage design shallÂ· be 'approvedÂ· by the Aspen Consolidated Sanitation District. 9. The 6 large spruce tregs on West End Street and those along Durant shall not be removed. Removal of any tree larger than 6" in .caliper shall require a tree removal permit. 10. The applicant shall work with the Parks Department to . 3 #361532 09/28/93 14:36 Rec $160.00 BK 725 PG 272 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 :, , j -4-/ relocate the clump of large evergreens being removed for the construction of the garage ramp. The applicant shall also bond for five years the cost of the trees (as determined by an independent third party). In the event they do not survive relocation the money shall be available for the Parks Department to use for replacement vegetation. 11. The street and sidewalk. improvements shall comply with the Pedestrian Walkway and Bikeway Plan. In the event the plan is not adopted they shall develop the street and sidewalk improvements as depicted on the approved plans. 12. Prior to the issuance of a building permit the owner shall record copies of deed restrictions for the 4. accessory dwelling units subject to review and approval by the Housing Authority. Section 3: That is does hereby grant Vested RightsÂ·for this subdivision for a period of three (3) year.s from the effective date hereof in accordance with the terms and provision of Section 6-207 of the Aspen Land Use Code. Section 4: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin Cqunty Clerk and Recorder. Section 5: If any Â·section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such 4 . #361532 09/28/93 14:36 Rec $160.00 BK 725 PG 273 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 C .4 510 | ~ ~ 4: ~ i ~ rj -UL=/ 3 provision and such holding shall not affect the validity of the remaining portions thereof. Section 6: Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to .the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 7: ./1</1 A public hearing on thh Ordinance shall be held on + the 9/ "~- /1 - ' day of (Â£~,CZU,Â£~Â£, 1990 at 5:00 P.M. in the City Council chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to, which 'Â· hearing a publicÂ·notice of the same shall be published one in a newspaber of general circulation within the City of Aspen. 7 ' INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /c29Â£-0~/ day of ~1111Â»-Â·, , 1990. - Ii// p Â· 122Â»1 . William L. Stirling, Magor ATT.]IST : t % KfthgKK;y:,f:Ifobil, City Clerk '' . . , FINALLY, adopted, passed and approved this - 'day of A . 4:~=.4-, 19 90. -122. 054*7 William L. Stirling, Aayor ATTJ;ST: : Â· . L \M /1 M.L .. 7 kal:31*Ir-~f koch, City Clerk . .. 5 #361532 09/28/93 14:36 Rec $160.00 BK 725 PG 274 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 4. 1*k6'3â€ž"~2,.'4Â§,!?gOiE~ki ):~i.Â·t/.1, .~ 7);*l ~,CREE~148>19~.4fl*4,1%24"â€žI:;41<]1~,:"~/-52~:i:l,"~'.I,.,1 --:1- p i ;1<9â€ž;91, Â·1Â· :" , Â·Â·'i-:1;0 .i.- Exhibit B ~. : :i.:*b:(,ct*:}.t~:40:Â·i.**Â¥:ieg'49}2- 't:ic.-4.49:41Â·02Â·~ Â·.Â· t:, *6Â·UÂ·iui 'LI,Wgy.iaÂ·,f.%:21 lf*d,4/â‚¬920:wieâ€¢p:%9 46# A JAVIEU.~1.1,9?%Â· 1!361562 09/29/9-3 10: 15 Rec Â·520.00 131< 725 RG 366. Silvia Doviâ€¢j, }Â·Â·itlÂ· in Crity L.lori, Doc $.lit) : ;F: 1 ACCESSORY DWELLING UNIT DEED RESTRICTION .4- APPROVED.PURBOAMT 20 ORDINANCE 60 (COTTAGE IllrILL), ORDINANCE ONE (HOUSING REPLACEMENT PROGRAM), AND RECTION 5-510 07 ME ASPEN CITY LAND USE CODE, RESOLUTION 790-1 AND ORDINANCE l90-14 .A .... THIS ACCESBORM DWELLING UNIT DEED RESTRICTION ts made 'and 1. entered into thts,JA-t day of _'-.9~044.n 4.- ' , 1993, by Howard TIRAQ Anri Wartle A. Cahn (ltcoventore") Â· for itself, its successors * and assigns, for the benefit of the ' city of Aspen, Â· Colorado, a municipal corporation, and the Aspen/Pitkin County Â·Â· Housing Authority, a multi-jurisdictional housing authority established pursuant to the AMENDED AND RESTATED INTERGOVERNMENTAL .. AGREEMENT recorded in Book 605 at Page 751 of the records of the Pitkin County Clcrk and Reaorder'g Office ("Authority't). WHEREAS, Coventor owns that parcel of real property located at soo Exhibit "A" attoehed liercMc, , in the City of Aspen, County of Pitkin, colorado, more specifically described as Lots D-I, Black 112 (Parcel B) upon which ic situate a froe market dwelling and contain within this clwalling a otudio conniating uf 350 not liveable square feet to be classified as an accessory dwelling unitÂ· C "tlrtitl") ; atl,i WHEREAB, Coventor Â· agrees to accept and impose certain conditiong on itg' UsaÂ· and occupancy ar the Unit 08 an accessory dwalling Unit under the Aspen Municipal code. , ., NOW, THEREFORE, in consideration, of the mutual promises and obligations contained where, the Coventor hereby covertants and agrees as follows: 1. The Unit as identified hereinabove shall not, be -aL condominiumized and, if rented, shall be rented only in. accordance with the guidelinas as adopted and as may be amended from time to time by the Authority governing ~ "resident-occupied" dwelling units. 2. Coventor need not rent the Unit; however, when rented, only ' :- qualified residents, as defined in the Housing Guidelines, shall reside therein and all rental terms shall be fore a .1 period of not less than six ( 6) consecutive months. Coventor Â· Â·~ shall maintain the right to select the qualified resident of its own ch9osing when renting the Unit. An executed copy of all leases for the Unit shall be submitted tb the Authority. within ten (10) days of the approval of a qualified resident. - 3. The covenants and limitations of this deed restriction shall run witb and ba binding on the land for the. benefit of the City of 'Aspen and .the Authoulty, either of whom may enforce 1 the provisions 'thereof through any proceedings at law or in Â· equity, including eviction of non-complying tenants. .. . .I . Stewart Title of Aspen . 1 1 1 11 1 loth. 1 1 1 , . .r. , , 12:1 .4mpaÂ·.siÂ·?45.1 h '.442,Â£1&6~~,I.ABY*! . 41361562 09/29/93 to: &5 Rec $20. (10 B}' 725 P[.1 367. Silvia Davis, Pltkin City Cler I , Dic *,CICI 1.S. I . 4. It is understood and agreed by the Coventor that no waiver of a braach of any term or condition as contained in this dead J restriction shall be construed to be a waiver of any breach of the same or other term or condition, nor shall failure to 2 ' 6 '. enforce any one of the terms or conditions, either by forfeiture or otherwise, be construed as a waiver of any term W.... or condition. IN WITNESS HEREOF, Coventor has placed its duly authorized r. Signature hereto on the date as described above, H' COVENTOR: , x I /1 By: 41_hi.Il. Howarid Ehkas,-edventor Harris A. Cahn,Coventor Mailing Address: Butch & Sundance Investments, Inc. c/o Chuck Bellock 1400 28th Street, Suite 1 Boulder, CO 80302 STATE OF 6*enlo ? COUNTY ~1169 1 I SS.. The,for,goingÂ· instrument was acknowledged' before me this if31Mt day of ZI~6-11Â£.Lki~_,-, 19523., by.Howard Bass and Harris A. Cahn. -- - WITNESS MY hand and official seal . * (8//41 /9/ , My Commission expires: bate I C , ." 4- ~jU/'<L/*,5--g~ 41; 4- .i- . ,- 246*.Â·."'Un C,i.. ..'. --libtary~Oublic / i 74,3 1 .. , Or r U . ... 2 /9 k , 1 . .. . -- , Stewart Titte-of Aspen 1 1 44110. - 1 , , I *TYBiÂ·' Sp.vry./%2-26(4*A~19*eVEN,iN, >:1 11361562 09/29/93 10: 65 Rec $20.00 130< 725 PG 368 ACCEPTANCE BY THE'NOUSING AUTHORITY' , The foregoing agreement and its terms are accepted by the Aspen/Pitkin County Houning Authority. THE ASPEN/PU#J3! COUN'~pltOI~SING AUTHORITY , * 15 . 1 By: I- David J. Myls;t~ Chairman Mailing Address: 530 Eaut Main Street, Suite 001 Aspen, CO 81611 STATE OF COLORADO ) 1 SS. COUNTY OF PITKIN ) A- . The foregoing instrument was acknowledged before me this 2.i day Of Chz<,4,â€žh,- , 1911, by David J. Myler- WITNESS MY. hand and official seal. My Commission expires: 7-1,3 - 9 40 -.; 44Â¥ 2%7 Date 4\'.... C ..ita-Â£.u,( , #w- iwin- Nottary PLI~flc ...1 Jifill c I{ XÂ«-/ ' Work\drlobl/Ur ; t; Li 3 : t. 1.1 lili Stewart Title of Aspen :?..4.1- 1.1 1 ....... Jek'. 1.-9;:ti'.VE': Â·Â·2. Â· , ,, : .:'*:j.z~, .:1192Â»(&3~LÂ£3~~c~,~1~2 .U]41&. , ' , '..7,4...Â·â€¢,â€¢Â·Â· ~.& 1*V:efiÂ· . ~>/'vmbumÂ£%1/-~744*6*tt' C .U=l/ , Â·râ€¢ klf}'-Â·...1 #361562 09/29/93 10:15 Rec '00.00 El<-725 PG 369 Silvia Davisl'Â·Pitkin Cnty Clerk, Doc $.00 .. Â¢51 EXHIBIT A Itt: b 1 UNIT NUMBER THREE t ADU 843 East Cooper Avenue, 641 East Cooper See Site Phan Al)1.1 Oblock Townliomes . 1 1 1 r' 1 ' 8. 4 ' 1 r , -- C . . - Stewart Title of Aspen--- --- FORUM PHI I Consent and Authorization to Represent Date: 7/18/2018 Client: Alex & Laleh Roudi Client Address: 1605 La Jolla Ranch Rd. La Jolla, CA 92037 City of Aspen Community Development Department 130 South Galena Street, 3rd Floor Aspen, Colorado 81611 Re: 834 E Durant Ave Dear Director. This letter shall serve as my approval for Alex & Laleh Roudi (represented by Forum Phi) to apply for and submit land use applications, building permit applications, and subsequent documentation for the property at 834 E. Durant Ave., Aspen CO, 81611. I authorize Forum Phi to submit, represent and obtain materials on the behalf of the owner of 834 E. Durant Ave., Aspen CO, 81611. I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning, Building Permit Application, or to gain building file information on our behalf for the project located at 834 E Durant Ave., Aspen CO, 81611. They may represent us during the application review and approval processes. They may act on our behalf, may sign on our behalf all applications and permits, and any documents required or ancillary thereto. Steev Wilson, Partner. AIA Forum Phi Architecture LLC 715 W Main Street, #204 Aspen, CO 81611 Sincerely, 3% 43 7.6.18 /Owner name ~ Date 1 .flin phi I p 970.279 4109 1 f 866.770 5585 Lm Aspen 715 W. Main St. #204 Aspen. CO 81611 Basa/t. 104 Midland Ave, #202 Basalt CO 81621 /4 0052. 2 0/3. A 5 1<-4 4 2 1 1> CITY OF ASPEN RECEIVED JUL 3 0 2018 ' Land Use Application CITY OF ASPEN Determination of Completeness COMMUNITY DEVELOPMENT Date: July 13,2018 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 834 E. Durant, Amendment of an ADU Development Order request and reviewed it for completeness. 3 Your Land Use Application is incomplete: Please submit the following missing submission items. 1. Completed land use application and agreement to pay form. P/ease submit a signed fee agreement. 2. A disclosure of ownership of the parcel proposed for development, consisting of a current certificate from a title insurance company or attorney licensed to practice in the state (no older than 6 months), listing the names of all owners of the property and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's right to apply for the development application. The title provided is outdated and does not show applicant as owner. 3. Additional rnaterials, documentation or reports as deemed necessary by the Community Development Director. Please submit land use approvals associated with this development and/or ADU. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You. ~ 213( 1 4Â·9hnifer Phe)alp, Deputy Planning Director Lily of Aspet/Community Development Department 005 3.20' 6. ASU.4 , tim JUL 3 0 2018 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ASPEN i i uEVELOP&IENT Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Please type or print in all caps 834 E. DURANT AVE. Address of Property: ZAYANDEROUDI FAMILY TRUST STEEV WILSON Property Owner Name: Representative Name (if different from Property Owner) Billing Name and Address - Send Bills to: ZAYANDEROUDI FAMILY TRUST - 1605 LA JOLLA RANCHO RD. LA JOLLA, CA 92037 Contact info for billing: e-mail: alex@interwestcapital.com & lalehz@yahoo.com Phone: I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property ownerthat I am responsible for payingall fees forthis development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $. flat fee for . $. flat fee for $. flat fee for S. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent ortotal costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The Cityand I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no-payment. I agree to pay the following initial deposit amounts forthe specified hours of stafftime. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. I f actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $975 deposit for THREE hours of Community Development Department staff time. Additional time 1 f above the deposit amount will be billed at $325.00 per hour. $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Signature: 44- k - Jessica Garrow, AICP PRI NT Name: 5TEEV (di .Sole Community Development Director City Use: Title: 0,0 k) E 2 '6 Aurt#DeiZE-p .,4<:Nur Fees Due: $ Received $ Case # November 2017 Citv of AsDen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION 834 E. DURANT Project Name and Address: 273718238039 Parcel ID # (REQUIRED) APPLICANT: Name: JOHNATHAN MIN 715 W. MAIN ST, #204 ASPEN, CO 81611 Address: 862-240-8438 JMIN@FORUMPHI.COM Phone #: email: REPRESENTIVATIVE: FORUM PHI Name: 715 W. MAIN ST, #204 ASPEN, CO 81611 Address: 970-279-4157 SWILSON@FORUMPHI.COM Phone#: email: Description: Existing and Proposed Conditions INTERIOR REMODEL TO A SINGLE FAMILY CONDO UNIT. RECONFIGURATION OF EXISTING STAIRS AND REMOVAL OF DEED RESTRICTED ADU. Review: Administrative or Board Review Required Land Use Review(s): AMENDMENT OF ADU Growth Management Quota System (GMQS) required fields: Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units X Essential Public Facility square footage 975 Have you included the following? FEES DUE: $ 011 Pre-Application Conference Summary ~23 Signed Fee Agreement 11 HOA Compliance form 3 All items listed in checklist on PreApplication Conference Summary November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 006@. Â®013 . Ast-q RECEIVED JUL 3 6 2018 CITY OF ASPEN CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY ('16..,,,v ,â€¢....w,n, , DEVELCEMENT PLANNER: Amy Simon, 429.2758 DATE: May 30, 2018 PROJECT: 834 E. Durant REPRESENTATIVE: John Min, Forum Phi TYPE OF APPLICATION: Amendment of an ADU or Carriage House Development Order DESCRIPTION: The owner of a unit at 834 E. Durant, aka The Enclave, is interested in providing cash-in-lieu mitigation or a certificate of affordable housing credit to remove a deed restricted Accessory Dwelling Unit (ADU). Approved in 1993 via Council Ordinance #28, this multi-family development appears to have required an ADU for each unit. The units were not required to be occupied. To remove the deed restriction pursuant to Aspen Municipal Code Section 26.520.090.C, the applicant shall provide mitigation for 0.38 Category 2 Full-time Equivalent employees in the form of Affordable Housing Certificates or fee-in-lieu. The current fee-in-lieu rate for Category 2 is $342,599.02, per FTE so mitigation by that method would be 0.38 x $342,599.02 = $130,187.62. Additionally, the Applicant shall obtain a building permit to decommission the ADU by removing the kitchen. A final inspection shall be issued prior to the release of the deed restriction. The release shall be accepted by the City Attorney and filed with the Pitkin County Clerk and Recorder. Below is a link to the Land Use Application Form for your convenience: https://www.cityofaspen.com/DocumentCenter/View/1835 The City of Aspen Land Use Code can be accessed at: https://www.citvofaspen.com/191/Municipal-Code Land Use Code Section(s) 26.304 Common development review procedures 26.520.090.C Removing an ADU/Carriage House Review by: Staff for application completeness and Community Development Director for decision Public Hearing: N/A Planning Fees: $975 planning deposit for up to three billable hours. Additional/lesser hours billed/refunded at $325 per hour. Total Deposit: $975 To apply, submit one complete copy of the following information: 51 Completed Land Use Application and signed fee agreement. ASLU ADU/Carriage House 834 E. Durant 1.1 3 4 Â® Pre-application Conference Summary (this document). * 4 V.2 I i Â® Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. Gl Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 2 HOA Compliance form Â® Written responses to all review criteria in Sec. 26.520.090.C E An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. Once the copy is deemed complete by staff, the following items will then need to be submitted: U Total deposit for review of the application. 0 A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. )62 . 620 18. NELLA CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT RECE'VED GENERAL LAND USE PACKET JUL 3 0 2913 CITY OF ASPEN tv./. â€¢urrv â„¢24., l21-cNT T[ 11 Cil 1 01' AN'LA Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2. Land Use Application Form 3. Dimensional Requirements Form (if required) 4. HOA Compliance Form 5. Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative - meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made duringthe pre-application conference bythe case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant's request. The applicant will be billed forthe additional costs incurred bythe City whenthe processing of an application bythe Community Development Department takes more time or expense than is covered bythe deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrativecharge. In the event the processing of an applicationtakes less timethan provided for bythe deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases forthe purpose of billing. Upon conceptual approval all billingshall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice of 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit fora property until all invoices are paid in full. For permits alreadyaccepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location Applicant: Zone District: Gross Lot Area: Net Lot Area: ** Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Familyand Duplex Residential Multi-family Residential Existing Allowed Proposed Existing Allowed Proposed 1) Floor Area (square feet) 1) Number of Units 2)Maximum Height 2) Parcel Density (see 26.710.090.C.10) 3) Front Setback 3) FAR (Floor Area Ratio) 4) Rear Setback 4) Floor Area (square feet) 5) Side Setbacks 4) Maximum Height 6) Combined Side Setbacks 5) Front Setback 7) % Site Coverage 6) Rear Setback 8) Minimum distance between buildings 7) Side Setbacks Proposed % of demolition Proposed % of demolition Commercial Lodge Proposed Use(s) Additional Use(s) Existing Allowed Proposed Existing Allowed Proposed 1) FAR (Floor Area Ratio) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 2) Floor Area (square feet) 3) Maximum Height 3) Maximum Height 4) Off-Street Parking Spaces 4) Free Market Residential(square feet) 5) Second Tier (square feet) 4) Front setback 6) Pedestrian Amenity (square feet) 5) Rear setback Proposed % of demolition 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing non-conformities or encroachments: Variations requested: November 2017 Citv of Astoen I 130 S. Galena St. I (970) 920 5090 ADDRESS' 834 E DURANT AVE. PERMITNUMBER: J . COMMUNITY DEVELOPMENT DEPARTMENT . HOMEOWNER ASSOCIATION COMPLIANCE FORM THE Cm OF Agif I ./ All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or attorney representing the property owner. The following certification shall accompany the application for a permit. 834 E DURANT AVE. N/A 273718238039 ADDRESS UNIT # PARCEL ID # 1, the property owner, certify as follows: (pick one) 0 This property is not subject to a homeowners association or other form of private covenant. O This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit do not require approval by the homeowners association or covenant beneficiary. [2~~'~~ This property is subject to a homeowners association or private covenant and the improvements proposed in this building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning, or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner Signature 401) . Date (/Ittll A ZAYANDEROUDI FAI~LY TRUST Owner Printed Name OR Owner's Attorney Signature Date Owner's Attorney Printed Name CITY OF ASPE Nianuary 2018 130 S. GALENA ST ASPEN, CO 81611 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submitthe requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whetherthe application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member forsignature bythe Community Development Director. The memo will explain whetheryour application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined thatyour application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination thatthe Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s).The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff' s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board's questions and decision. (Continued on next page) November 2017 Citv of Ast:~en I 130 S. Galena St. I (9701 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. November 2017 Citv of Asoen I 130 S. Galena St. I (970) 920 5090 FORUM PHI I Consent and Authorization to Represent Date 7/18/2018 ClientÂ· Alex & Laleh Roudi Client AddressÂ· 1605 La Jolla Ranch Rd La Jolla, CA 92037 City of Aspen Communjty Development Department 130 South Galena Street. 3rd Floor Aspen, Colorado 81611 Re 834 E Durant Ave Dear Director, This letter shall serve as my approval for Alex & Laleh Roudi (represented by Forum Phi) to apply for and submit land use applications, building permit applications, and subsequent documentation for the property at 834 E. Durant Ave., Aspen CO, 81611 I authorize Forum Phi to submit, represent and obtain materials on the behalf of the owner of 834 E Durant Ave., Aspen CO. 81611 I hereby authorize Steev Wilson and Forum Phi to perform and submit documents related to planning. Building Permit Application, or to gain building file information on our behalf for the project located at 834 E Durant Ave Aspen CO. 81611 They may represent us during the application review and approval processes They may act on our behalf, may sign on our behalf all applications and permits. and any documents required or ancillary thereto Steev Wilson. Partner. AIA Forum Phi Architecture LLC 715 W Main Street. #204 Aspen. CO 81611 Sincerely, A(Â«t-o& 7. 6Â·18 Owner name 1- Date I p 970 279 41091 I 866 770 5585 ~ Aspen 715 W Main St #204 Aspen. CO 81611 Basan 104 Midland Ave #202 Basall. CO 81621 SHERMAN@HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone 970.925.6300 Fax~ 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L. C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 23,2018 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Zayanderoudi Family Trust; 834 East Durant Avenue, Aspen, Colorado 81611; Lot 9, The Enclave at Aspen Dear Sir or Madam: I am an attorney licensed by the State o f Colorado to practice law. This letter shall confirm and certify that 971 AH LLC, a Colorado limited liability company, is the owner of certain improved real property legally described as follows (the "Subiect Property"): Lot 9, The Enclave at Aspen, according to the Plat thereof recorded December 14,1994 in Plat Book 35 at Page 75 as Reception No. 377161 and according to the Declaration for the Enclave at Aspen recorded April 18,1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment thereto recorded December 14,1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21,1995 in Book 774 at Page 667 as Reception No. 379172 and Second Amendment thereto recorded March 16,1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment recorded November 5,2009 as Reception No. 564271, Pitkin County, Colorado. A copy of the Zayanderoudi Family Trust's vesting deed with respect to the Subject Property is attached hereto as Exhibit A. The Subject Property is subject to the following matters of record: 1. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1,1897 in Book 139 at Page 216 as Reception No. 60156. Active/48732231.1 2. Reservation of minerals contained in the Deed recorded in Book 131 at page 81. 3. Encroachment Agreement by and between the City of Aspen and Howard Bass and Harris A. Cahn as set forth in instrument recorded October 8,1990 as Reception No. 326988. 4. An Ordinance ofthe Aspen City Council Granting a Substantial Amendment to the Final Subdivision Plan for the Oblock Subdivision, Condominiumization and Vested Rights Status for Lots D-I and N-S of Block 112, City of Aspen, Pitkin County, Colorado Ordinance No. 28 (Series of 1993) as set forth in instrument recorded June 25,1993 in Book 715 at Page 946 as Reception No. 358181. 5. Subdivision Agreement for OBlock Townhouses as set forth in instrument recorded October 8,1990 in Book 631 at Page 504 as Reception No. 326990; and Amended and Restated Subdivision Agreement o f Oblock Townhouses as set forth in instrument recorded September 28,1993 in Book 725 at Page 261 as Reception No. 361532 and First Amendment to Amended and Restated Subdivision Agreement for Oblock lownhouses recorded November 29, 1993 in Book 733 at Page 58 as Reception No. 363896. 6. Easements, rights of way and other matters as shown and contained on Plats of Enclave at Aspen recorded October 8,1990 in Plat Book 25 at Page 8 as Reception No. 326939, and recorded September 28,1993 in Plat Book 32 at Page 74 as Reception No. 361533, and recorded April 11,1994 in Plat Book 34 at Page 30 as Reception No. 368822 and recorded December 14,1994 in Plat Book 35 at Page 75 as Reception No. 377161. 7. Declaration for The Enclave at Little Nell as set forth in instrument recorded April 18, 1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment to Declaration for The Enclave at Little Nell recorded December 14,1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21,1995 in Book 774 at Page 667 as Reception No. 379172, and Second Amendment to Declaration for Enclave at Aspen recorded March 16, 1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment to Declaration recorded November 5,2009 as Reception No. 564271. 8. Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60 (Cottage infill), and Section 5-510 ofthe Aspen City Land Use Code, Resolution No. 90-1 and Ordinance No. 90-14 as set forth in instruments recorded September 29,1993 in Book 725 at Page 366 as Reception No. 361562, and recorded in Book 725 at Page 370 as Reception No. 361563 and recorded in Book 725 at Page 374 as Reception No. 361564 and recorded in Book 725 at Page 378 as Reception No. 361565. 9. Curb and Gutter Improvement Agreement recorded April 3,1996 as Reception No. 391377. 2 Active/4873223 1.1 This letter shall further confirm that as the owner of the Subject Property, Zayanderoudi Family Trust has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property, as well as the right to authorize others to file and pursue such matters in connection with the Subject Property. Sincerely, Curtis B. Sanders 3 Active/48732231.1 Exhibit A Imm 111111 111 i t.1 RECEPTION/Â· 641284, R: $38.00, 0: $800.00 DOC CODE: WD Pg 1 of G. Ol/08~2017 01 11:84:50 AM Janioo K. Voi Caudill, PHI,In County. CO WARRANTY DEED Stite Doc Fee $800.00 Recording Fee: $23.00 THIS DEED 1. dated the 29th day of August. 2017, ind is m@de bitween 834 Aspen, LLC. a Colorado Limited Liability Company (whether one. or more than one). Irle -Grantor of thi County of Md,FIC.ORA, ard S'@te of uEEP- Ziyanderoudi Family Trust the 'Granliesh whose legal Iddress 8 1605 La Jolla Rancho Road. La Jolla. CA 92037 01 the County cl San Diego and St- of California WITNESS, Rtil me Grantor, for ind irt cons,der,tion 01 the sum of Eight Million Dollan and No Contn C 18,000.000.00 1 the receipt and Gumcioncy W which is her,by acknowl,dg,d, herity grints. bargains. sells, convoys and con<mi unto the Gâ€žna,i: and the GranteesÂ· heirs and assigns forever.,Â·lot In ter,ancy in common but In jo~t lenincy. NI the real property, together wir, Iny :mprovemints therion, ocated in the County of Pilkin and Stato of Colorado described as follows: Lot 9, THE ENCLAVE ATASPEN, according to the Plat thereof recorded Decemoer 14. 1994 In Plat BOOK 35 at Page 75 as Reception No 377161 and according to the Declaration for the Enclave at Aspen recorded Aprit 18. 1994 in Book 747 at Page 882 as I Reception No 369105. and Fir:!Amendment theretorecorded De=ember 14,1994 in Book 789 at Page 317 as | Recepbon No. 377160 and reÂ·recorded February 21. 1995 in Book 774 at Page 667 - Reception No. 379172 and Seconc Amendment thereto recorded March 16. 1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendmenl recorded November 5,2009 as Reception No. 564271 COUNTY OF PITKIN, STATE OF COLORADO also known by street address as: 834 E Durant Avenue, Aspen, CO 81611 TOGETHER mlt, au ind *Ingia, the hireditamenta and appurtenance, thâ€¢relo belonging. or 1,1 anywise oppertatfling. the reverlions, remainders, refill, i,Sums and pro#ts thereof. and all the estale. right. title. interest. clairr and demand whalloiver of thi Wantof. elthir in law 0, equity, of, in and to the above ba,gained prer,liws. wrth the hereditarn,flts and appurtenances: 132 TO HAVE AND TO HOLD the ..id premble, above bergalned and discitbed, with the â€¢ppurtanancel, unto the 4- Grantees. and the Gianties' heiri and assigns forever. The Ganlor, lor the Gunter and na Guntor'; hen and assigns, does covenant, grant, bargain, ind Igree to and wltr O the Grant-, @nd the Grant-' her; ind augnsÂ· 11131 al the tlne oi the er,Maling Ir,0 4,tivery of thell prelenti. the Grantor 15 wel -zid of thi premlies above deecrlbed: Fwi good. â€¢ure. perfect. ablolute and Indefeailble estate of irlhentancl, in law, and ir faa mimpi: and hos good right, luU powi, and I-ul au#lority to grart bargain, 501 and conviy the wne In manner and lorm al afo,#aid. and thit the larne ire Iree and clur from al forrner and other granti, blrg,Ing, ules liens. taxem, aisessment:. el=Imbrance: artd restrict}oni of whatever kind or n,ture loever excepÂ¢ ind itlect to: S,e Exhibit -A" att@ched hereto and mad, a part hereof And the Gran:or shall and w,U WARRANT THE TITLE AND DEFEND the ebove discribed premises. In the quial and peaciabl, possession of the Gfintees. and the heirs and mens of the Granties, againit all and every perion or perwns lawfully cla-g the whole or iny part thereof. IN WITNESS WHEREOF, the Grentor has uicuted this deed on the date let forth obove 834 ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY By The Northern Trust Company, not individually but solely if'I its capacity as Trustee of the Laurence Bruce Ashkin Irrevocat,le Mantal Trust under agreement dated December 27,2004, Member Anthony T. Smith Refesentat,ve and By: Do, Ashkin Rjtvocable Trust dated April 3, 1998 Member ALSib~f~'~~L 9)< ~fi Ddris Ashton Trustee CITY OF ASPEN CITY OF ASPEN WRETT PAID DATE HRErrPA,D DATE REP NO. 5534-2 9351,#~~4(- NO. 4)84, 7- 9111 11 nu P.9.1 St.war, Tltle File NumbirÂ· 01330Â·100653 921 JT WARRANTY OEED (To Joint Tinant.) STCO 4 Active/48732231.1 Spup'42+WMOJ IA' P7!Il?ls RECEPTION#+ 641286.09/08#2017 31 11:54:50 AM. Pgs 2 of G Janice K Vos Caudill, Pitkin County, CO State 0HHirce (DLMok County of -- flfAM The foregoing instrument was acknowledged belofe me this ~0 1 day of September. 2017 by Anthony T. Smith as Representative for The Nonhern Trust Compar,y. not Individually but solely m its capacity as Truiteâ€¢ of the Laurence B Ashlin 1-revccable Marital Trust dated December 27, 2004, Memjer and Dors Ashkin as Trustee of It'le Doris Ashkin Revocable Trust dated April 3. 1998. Member of 834 Asper., LLC, a Colorado Lirrhted Liability Company- Witness ;41~nd and off,dal seal. Notary ~66'~d My com~*on exp,re s JENNY LUU NOTARY PUBLIC FIE-1 NOTARY IO #20174007161 1.4 C...4.x, E,Â»s F-*ry 15 2021 5 Active/48732231.1 RECEPTION#: 641286, 0808/2017 at 11 54Â·50 AM, Pgs 3 of G, Janice K Vol Caudit, Pitkin County. CO EXHIBIT "A" DEED EXCEPTIONS 1 Taxes and assessments for We year 2017. not yet due and payable. 2 The affect of inclusions 1, any general oc specific water conservancy, fre protectlon. son conservation or othar district or inclusion in iny wa:er service or street improvement area, 3 Exceptions and reservatons as set forth in the Act authonzing the issuance of the Patent for the City ard Townsite of Aspen recorded March 1,189? in Book 139 at Pace 216 as Reception No 60156. 4 Reseivation of minerals contained in the Deed recorded in Book 131 at caae 81.The Company makes no represenlation as to the xesenÂ¢ ownership of any such interests There msy be leases. grants, except,ons or resemations of interests that are not listed. 5 Encroachment Agreement by and between the City of Aspen and Howard Eass and Harris A. Cahri as set forth in Hstrument recorded October 8, 1990 as Reception No. 326988 6. An Ordinance of the Aspen City Council Granting a Substano Amendment to the Final Subdivaion Ptan for tne Oblock Subdlvision, Condomirdumeabon and Vested Rights Statu3 for Lots [)Â·1 and N.S of Block 112. City of Aspen. Pitktn County. Colorado Orcf nance No. 28 (Senes of 1903) asset forh in nstrument recorded June 25. 1993 in Book 715 at Paae 946 as Recept on No. 358181. 7 Subdivis,on Agreement for 08 lock Townhouses as set foqh in instrument recotded Ocloter 8 1990 in Book 631 at Page 504 as Receptto No 326990, and Amended and Restated Subdivision Agreement of Oblock Townhouses as set forth In instrument recorde: September 28 1993 in Book 725 at Pace 261 as Reception No. 361532 and Erst Amencment 10 Amended and Restaled Subdhlsion Agreement for Oblock Townhouses racorded Novamber 29, 1993 in Book 733 2! Paoe 58 as Recept:on No. 363896 8. Easements. ights of way and c:her matte, as shown and contained on Plats of Enclave at Aspen recorded October 8, 1990 in Piat Book 25 at Paae 8 a5 Reception No, 326939, and recorded Septer,ter 28,1993 in Plat Bcok 32 at Paae 74 as Reception No. 361533. and recorded Apal 11, 1 994 in Plat 8ook 34 at Paae 30 as Recephon No. 368822 and recorded December- 14.1994 in P!at Bwk 35 at Page 75 as Reception No. 377161 9. Dedaratan 'or The Endave at Little Nelt asset forth in ir,strument recorded Aprd 15, 1994 in 8ock 747 at Page 882 as Receouon No. 369105, and First Amendment to Declaration tor The EnÂ¢ave at Lmle Nell recordid December 14, 1994 in 900* 769 at Page 317 as Reception No 377160 and Â·e-recorded February 21.1995 in 8ock 774 al Page 667 as Recepbon No. 379172 and Second Amendment to Didaraton foi Efidave at Aspen recorded March 16. 1995 in Book 776 al Page 404 as Recepttor No 379771 and Thlrd Amend,ment to Declaration recorded November 5,2009 05 Receollon No. 554271 10 Accessory Dweiling Unit Deec Restr~tion Approved Pursuant to Ordinance 60 (CoMage Infill). and Section 5-510 01 the Aspen City Land Use Code, Resolution No. 90-1 anc Orainance INo. 90-14 as set forth in Astruments recorded September 29, 1993 in Gook 725 at Page 366 as Reception No. 361562 ard recorded In Book 725 at Page 370 as Reception No. 361553 and recorded in Book ?25 at Page 374 as Recaption No 361564 and re.ordea in Book 725 at Page 378 as Recepbon No 361565. 1'. Curb and Gutter ImpÂ·ovementAgreement recorded Apnt 3,1996 as Recution No 39137'7. 12. Any and all existing leases and tenancies. 6 Active/48732231.1 stewart title Stewart Title - Aspen 620 East Hopkins Ave View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: July 13, 2017 File Number: 01330-100653 Property: 834 E. Durant Avenue, Aspen, CO 81611 Please direct all Closing inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.com SELLER: BUYER: 834 ASPEN LLC Alex Roudi and Laleh Roudi Delivery Method: Emailed Delivery Method: Emailed LISTING AGENT: SELLING AGENT: Aspen Core Realty Aspen Snowmass Sotheby's International Realty 720 E Durant 415 E Hyman Ave Ste E 7 Aspen, CO 81611 Aspen, CO 81611 Contact: Lenny Allen Contact: Mark Kwiecienski Phone: (970) 925-6060 Phone: (970) 309-0444 Fax: (970) 920-9333 Fax: Email: Lenny.Allen@sothebysrealty.com Email: mark@aspencorerealty.com Delivery Method: Emailed Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS. We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: *Â« '777 Jun- Â«.t 844.,~, /47$244% / St o Matt Morris ~ *{l 1908 ~ f jj President and CEO Authorized Countersignature We/4 Stewart Title - Aspen 620 East Hopkins Ave ~~~ 5(62~(5,0~05' Aspen, CO 81611 Denise Carraux (970) 925-3577 Secretary For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association. All rights reserved. \./[Rit ': The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. I â€¢In lilli All other uses are prohibited. Reprinted under license from the American Land Title Association, ."04 t'!1('I File No. 01330-100653 +1,5.- 004-UN ALTA Commitment 6-17-06 r- Page 1 of 2 .0.- CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. L ability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orat>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. Ul t R 14 AN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. [IN/' 1/11 All other uses are prohibited. Reprinted under license from the American Land Title Association .'.,lIlli.N File No. 01330-100653 . BUL 004-UN ALTA Commitment 6-17-06 P. Page 2 of 2 COMMITMENT FOR TITLE INSURANCE SCHEDULEA File No. 01330-100653 1. Effective Date: June 23, 2017, at 8:00 A. M. 2. Policy or Policies to be issued: Amount of Insurance (a) ALTA Owner's Policy 2006 (Extended) $8,000,000.00 Proposed Insured: Alex Roudi and Laleh Roudi (b) ALTA Loan Policy 2006 (Standard) Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: 834 Aspen, LLC, a Colorado Limited Liability Company 5. Theland referred to in this Commitment is described as follows: Lot 9, THE ENCLAVE AT ASPEN, according to the Plat thereof recorded December 14,1994 in Plat Book 35 at Page 75 as Reception No. 377161 and according to the Declaration for the Enclave at Aspen recorded April 18,1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment thereto recorded December 14, 1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21, 1995 in Book 774 at Page 667 as Reception No. 379172 and Second Amendment thereto recorded March 16,1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment recorded November 5,2009 as Reception No. 564271 COUNTY OF PITKIN, STATE OF COLORADO Purported Address: STATEMENT OF CHARGES 834 E. Durant Avenue These charges are due and payable Aspen, CO 81611 before a policy can be issued Reissue Rate 2006 Owner's Policy: $8840.00 Owner's Extended Coverage: $65.00 Tax Certificate: $25.00 Copyright 2006-2009 American Land Title Association. All rights reserved. - 4..R,~Al The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use 49*bul All other uses are prohibited, Reprinted under license from the American Land Title Association. File No, 01330-100653 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY ~'~ COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTI File No.: 01330-100653 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. Relating to 834 Aspen LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. NOTE: Statement of Authority for 834 Aspen LLC recorded May 28,2013 as Reception No. 599841, discloses the following persons as those authorized to transact business on behalf of said entity; Northern Trust Company, Trustee of the Lawrence B Ashkin Irrevocable Marital Trust. If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded May 28, 2013 as Reception No. 599842. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association All rights reserved - The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date of use. â€¢-â€¢â€¢ILAM All other uses are prohibited. Reprinted under license from the Amencan Land Title Association. â‚¬Â¥*-im. File No. 01330-100653 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY .- COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART 11 File No. 01330-100653 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. Reservation of minerals contained in the Deed recorded in Book 131 at Daae 81. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 12. Encroachment Agreement by and between the City of Aspen and Howard Bass and Harris A. Cahn as set forth in instrument recorded October 8,1990 as Reception No. 326988. 13. An Ordinance of the Aspen City Council Granting a Substantial Amendment to the Final Subdivision Plan for the Oblock Subdivision, Condominiumization and Vested Rights Status for Lots D-I and N-S of Block 112, City of Aspen, Pitkin County, Colorado Ordinance No. 28 (Series of 1993) as set forth in instrument recorded June 25, 1993 in Book 715 at Paae 946 as Reception No. 358181. 14. Subdivision Agreement for OBIock Townhouses as set forth in instrument recorded October 8,1990 in Book 631 at Paae 504 as Reception No. 326990; and Amended and Restated Subdivision Agreement of Oblock Townhouses as set forth in instrument recorded September 28, 1993 in Book 725 at Page 261 as Reception No. 361532 and First Amendment to Amended and Restated Subdivision Agreement for Oblock Townhouses recorded November 29, 1993 in Book 733 at Page 58 as Reception No. 363896. Copyright 2006-2009 American Land Title Association. All rights reserved. - The use of this Form cs restricted to ALTA licensees and ALTA members in good standing as of the date of use. â€¢MIR!&* UNI Â¥0*iâ€¢ All other uses are prohibited Reprinted under license from the American Land Title Association. ......... File No. 01330-100653 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PARTII 15. Easements, rights of way and other matters as shown and contained on Plats of Enclave at Aspen recorded October 8, 1990 in Plat Book 25 at Paae 8 as Reception No. 326939, and recorded September 28, 1993 in Plat Book 32 at Page 74 as Reception No. 361533, and recorded April 11,1994 in Plat Book 34 at Paae 30 as Reception No. 368822 and recorded December 14,1994 in Plat Book 35 at Page 75 as Reception No. 377161. 16. Declaration for The Enclave at Little Nell as set forth in instrument recorded April 18,1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment to Declaration for The Enclave at Little Nell recorded December 14, 1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21, 1995 in Book 774 at Page 667 as Reception No. 379172, and Second Amendment to Declaration for Enclave at Aspen recorded March 16,1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment to Declaration recorded November 5,2009 as Reception No. 564271. 17. Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60 (Cottage Infill), and Section 5-510 of the Aspen City Land Use Code, Resolution No. 90-1 and Ordinance No. 90-14 as set forth in instruments recorded September 29, 1993 in Book 725 at Page 366 as Reception No. 361562, and recorded in Book 725 at Page 370 as Reception No. 361563 and recorded in Book 725 at Page 374 as Reception No. 361564 and recorded in Book 725 at Page 378 as Reception No. 361565. 18. Curb and Gutter Improvement Agreement recorded April 3, 1996 as Reception No. 391377. 19. Any and all existing leases and tenancies. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. - The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. â‚¬891&:AN All other uses are prohibited. Reprinted under license from the American Land Title Association ELE File No, 01330-100653 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY r.6- DISCLOSURES File No.: 01330-100653 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTYASSESSOR Note: Colorado Division of Insurance Regulations 8-2-2, Section 5, Paragraph G requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No. 01330-100653 CO Commitment Disclosure Revised 1/1/17 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and drivers license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business-to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes- to process your transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes- to offer our products and services to Yes NO you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes- information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes- information No We don't share about your creditworthiness. For our affiliates to market to you - For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law If you request a transaction with a non-affiliate, such as a third party insurance company we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our shar ng practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example< when you personal information? â€¢ request nsurance-related services â€¢ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction1 credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No. 01330-100653 Page 1 Revised 11-19-2013 FORUM PHI I PRE-APPLICATION CONFERENCE SUMMARY Written Response to all review criteria in Sec. 26.520.090.C 1. The applicant shall provide affordable housing mitigation for .38 full-time equivalents (FTEs). Mitigation shall be provided at a Category 2 rate prior to issuance of any permit required to accomplish the decommissioning or removal of the unit. This may be provided through extinguishment of a Certificate of Affordable Housing Credit (See Chapter 26.540 - Certificates of Affordable Housing Credit) or by providing a fee-in-lieu payment according to the rates specified in the current Aspen/Piktin County Housing Authority Guidelines, as amended from time to time. (Commentary - The .38 figure reflects a typical ADU being a studio or one-bedroom unit housing 1.5 FTEs with an approximate 25% occupancy. 1.5 x .25 = .375, rounded to .38.) Forum Phi Response: Mitigation has been provided by credit purchase. Buyer, Alex Roudi, purchased from Seller, Jet View LLC: .38 FTE Category 2 Affordable Housing Credits represented by Certificate of Affordable Housing Credit No. 128 and issued by the City of Aspen on May 11, 2018. 2. The physical changes necessary to remove the ADU/Carriage House have been accomplished and issued a final inspection by the Chief Building Official. (Building permits are required.) Once this has been accomplished, a release of deed restriction, acceptable to the City Attorney, shall be completed and filed with the Pitkin County Clerk and Recorder. Forum Phi Response: Building permits have been submitted with the City Of Aspen and currently being reviewed by a permit coordinator. forumphi.corn I p. 970.279.4109 I t. 866.770 5585 -1 Aspen: 715 W Main St, #204 Aspen, CO 81611 Basa/t.Â· 104 Midland Ave, #202 Basalt, CO 81621 834 East Durant Ave. Pre-Application Converence Summary Vicinity Map IA P. 0-5 4 9 . 111 - , 410 1 44* 1 4% 3%5, k. 4 5)) *24-10 *10[GRA,%689 L 92 4/ c %- 171 7 f.>.1 '4:OP 4 f (14 4 141==*=fL -8 *k-=--1 3 261Â¢e j + it 4 lfF--*r-, N f,--u 7 4/ \42' Eli J // -.s--f~f'.A U ~:4 TR-2 61'4~21 4=5 0 y.. h --'W--g,40,d ~20 7â€ž*fÂ·91!14//V.eÂ·, S b~ d --...=-~ NA 7 z f ..212:132 7 H *4 1% 6-4.421te 14 4 47 4 -- h -Chb / 4 1,1.24-- 44 V -Â« F j 031 - r 1 1 e .t~ 4 , aa,1,4141'p'>'e 7 4-a:i;~~4~==2ff i t. / I 11 U.1 22 d tratÂ» AVA .---47< PÂ© A 1F---*-4,! 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AR -10 04* 0 4444 V ~ 0- R-15 62# 1 tr~~~I abillill'*00 liplill'/2//E 44, .... Parcel: 834 E. Durant at the Enclave Page y e. . 4 + . 1 " Cly (***m2 0/2>*i;zaame oâ€žotzw*r (5>eo* CERTIFICATE OWNER: JEr V i ew, LLC- CERTIFICA-[E No. 0128 THIS IRREVOCABLE CERTIFICATE EVIDENCES AND REPRESENTS -__. 3%5FTE Lr#TTE*b'f'i 2-- "AFFORDABLE HOUSING CREDITS" ANI) MAY BE 'FRANSFFRIZED IN ACCORDANCE WITH CHAPTER 2.6.540 or THE CITY 01: ASPEN MUNICIPAL ('1)111:. k 4 . Issued pursu,Int to Ordi.&Â»-ci * _+ _ ~cra of 2014 - , this Certific.zic is perpetual and iiiÂ·evocable :ind shal! be honored by ./ N I. the Cily of A.:pen, which grants approval 0 f_. 36 FEE CAT'jac7- 9-- ,ilitil-â€¢Li|u Â·lotising el'ed... e- Aj consideration and in exch.inge fc,r lk<li,InCC of this Certificate, voluntary deed restricted.affordable hollsing has Iwell deve]oped (in properry hic:irificd .th Parcel lD No. 2643_34Â¥ IS 001_ legally desi ribed as UNIT 6,1*1-FLA A,6 646Â¥ .ind more conimonly knowÂ·ii + <16 29* AA Be .-(ailili,-is), Aspen, Col, rado punualir to .1 permatient deed restri~tion which has been placed on the propeny . and which i. filed of record witli the Pitkin c (Ilintv Clerk imd Recorder as I'CL.CptiOn 1141. ~ W'b, pi properly emimÂ·â€žÂ·,1 lielme, 11,Â¢ 01Â·igi#I,il ,)f fliiÂ· ce) tifi, ,ile sball ,:on:tili,te nittilt I.,1)ip of~fji~Â·st~ ,;jjinÂ·di,bl, bousing credits by the rmijic,itiÂ· â€ž10,}tentai,!cd above. The certific,itc owner a â‚¬Â¥ may Â£ 1Â·,in 4,-Â·r,lit< i erfilic,ditÂ· at tuiv timtÂ· In' a,t â€¢s. i X1 81.Â·11 1 1,1 i,li,urribip. u,hich >Im 11 be it,ideliced b)Â· a fluly extÂ·, lited and n cit,trize,1 assigli},1,Â·ilt. located on t be bacle of ibi., do< i, ine) it. 60< CITY ISSUANCE Issued by the c .irv of.Asi,cri. Colorado this OWNFR ACCEPTANCE * \,sy-1-- 2012> + -Gdnivt304_ Acael,te't) A. 44 0.- P 'r *34*1 *PVELACY..1 bv: #-LW f ~~~0.02 v,iw Â£*c 1 , Â·Â·Li,41.-I~l-)~i/~'~n+.:i !~IlllÂ·crr,p MCI~./l.141.01 c 1 R! 11Â·10.11, (2\X/Nt.1<. NAMED P. It, ~\,~f ~+0~< 03< L - 1 I . / eLYA * Â·ttleâ‚¬C I lic furegoing instrument was .acknowledged belore tile this day 01 Â«AL- <3-__ ,>HL# 24//Arnttl the party accepiing (his cerrificate. F Al/ " %, ir. L.11 } C . ANGEL/i Jljht. 101...in, i ~ '~ 41 ATE OF CO. ORADO ']13 1 n:/ 1. 1 1, l. 11-1-1-4 L. 2-IgMiL-_ 2 r C. '1 1 . 7.Ell Acc~,4.Â·3 4 -A fLAÂ¥ 71 ..4 L..cgal dcheti~,IiOn of property continued, if necessary, from the front of this document: reurâ€¢feâ€¢f ,â‚¬PÂ·or t_2Â»6,1 &.7- f.Â· k.dib -f- dr 9,0 . r : S, f ~ '# , hereby transfer ownership ofthis Affordable 14't ASSIGNMENTOFOWNI:11%111/ 1, Â¢ p , 19 I. Housing Credit Certificate [o: Â· tb .947 %1(,NAI UILE 01Â· 1 -IRTIW -Allt oWNER:lt[AMED ON THE FRONT OF 1'11[S DOCUMENT , I - I . . 4 Al the foregoing instrument was acknowledged below me this Jit r .day ofÂ¢> t Ell %'> 4 by -4 .ir j -'" -i the liarry tr.ingferrlng this certific.,re. 1, W. Â» t.' - Â·* STATE OF COLORADO i -* -1 Counry of Pitkin rn j llc* $ - 4 - i 16 7â€¢ 1 ,. .._ NOTARY PUB[.IC ' 4 .12 7.~ " ' P d i 21 4 A 11 hi Â¢ + 4/ f 2nd ASSIGNMENT OF OWNERSHIP 1, ~_.p. 4& 7 , hereby transfur ownership ofthis Affordable .t 4 tâ€ž . !Â¥, .Â· 1. , 'Â© Â¥A .~ Housing Credit Certificate to: 4.- 1 2 94-Â·'S~IA'Fl,111Â· Il#(~irrIFIC#~~~~~.R, NAMED ONFHE FRONT OF'ri-HS DOCUMENT .m -, . ='. vy=k;* , daf of 'TA .4 ' :. rt '4#: :7 Fhe foregoing instrumeni was acknowledged before 'lle this '-' Â· 3, r Aff 7 49 . p I - I \'4 y -/6 I 1,v 'Â« 4 ., , thep.11Â·1\~ i r.ilisfehing this c:crtificate. 1. . %'1'Allal: COLORADO \ - Coitilly (11 litkin . 1 I. ,NOTARY)RuDild-f 'tr.. CONTRACT TO BUY AND SELL AFFORDABLE HOUSING CERTIFICATE THIS CONTRACT TO BUY AND SELL AFFORDABLE HOUSING CERTIFICATE (this "Agreement") is made as ofthe _ day of June - 2018, by Alex Roudi and/or assigns ("Buyer") and JET VIEW, LLC, a Colorado limited liability company ("Seller"), whose address is 625 S. West End Street. #4, Aspen CO 81611. RECITALS A. Seller is the owner of certain Affordable Housing Credits issued pursuant to City of Aspen Municipal Code Chapter 26.540 ('Code"),and evidenced by Certificate of Affordable Housing Credits. B. Seller desires to sell, and Buyer desires to purchase from Seller: Thirty-Eight One Hundredths (0.38) Category 2 Affordable Housing Credits represented by Certificate of Affordable Housing Credit No. _ and issued by the City ofAspen on May 11, 2018 (the "Subject Certificate"), as that term is defined in the Code. C. The parties desire to set forth herein the terms and conditions related to the sale of the Subject Certificate. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants and agreements ofthe parties, and other good and valuable consideration, the receipt and sufficiency ofwhich are hereby acknowledged, the parties agree as follows: 1. Sale of Subiect Certificate. On the terms and conditions set forth below, Buyer hereby agrees to purchase from Seller, and Seller hereby agrees to sell, transfer and convey to Buyer. all of Seller's right, title and interest in and to the Subject Certificate. 2. Purchase Price. The purchase price for the Subject Certificate shall be One Hundred Twenty Nine Thousand Two Hundred Dollars and no/100 0129,200.00) (the "Purchase Price"), payable as follows: (a) Earnest Money Deposit. Within two (2) days after the execution and delivery hereof, Buyer shall deliver to Pitkin County Title, Inc. ("Title Company") an earnest money deposit in the amount ofTen Thousand Dollars and no/100 ($10,000.00) (the "Earnest Money Deposit"). The Buyer and Seller agree that the Earnest Money Deposit shall be held by the Title Company and shall be used and applied as provided for in this Agreement. The Title Company shall hold Buyer's Earnest Money Deposit in a federally insured interest bearing escrow account with interest accruing until Closing (as such term is specifically defined below) for the benefit o f Buyer, unless Buyer shall be in default under the terms o f this Agreement, in which case the interest accrued on the Earnest Money Deposit shall benefit the Seller. 1 48529930.1 (b) Cash at Closing. The balance of the applicable Purchase Price for the Subject Certificate shall be paid by Buyer in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check. 3. Review of Subiect Certificate. As soon as possible after execution hereof, Seller will deliver the original Subject Certificate to the Title Company, with copies to the Buyer. Buyer will have seven (7) days after the delivery of the Subject Certificate (the "Due Diligence Period') to confirm the validity of the Subject Certificate and to satisfy any other due diligence that the Buyer may choose to perform as to the Subject Certificate and its suitability for Buyer' s purposes. in Buyer's sole discretion. If Buyer is not satisfied with the Subject Certificate. Buyer may terminate this Agreement within the Due Diligence Period and receive the refund ofthe entire Earnest Money Deposit, whereupon this Agreement will terminate. 4. Closing. Provided the Buyer has not terminated during the Due Diligence Period, the Closing of the Purchase of the Subject Certificate ("Closing") will occur at the Title Company. The Closing shall occur on 1 J\- , , D , 2018. At Closing, Seller shall convey and assign all of its right, title and inte?est in the Subject Certificate, by delivering the original Subject Certificate to Buyer. properly endorsed to Buyer. in consideration for Buyer paying the Purchase Price to Seller. Seller will also execute and deliver to Buyer a good and sufficient Special Warranty Deed and Assignment for the Subject Certificate in the form attached to this Agreement as Exhibit 1 (the --Deed") and causing the Title Company to record the Deed in the real property records of Pitkin County. Colorado. Each party shall pay its own closing costs, including attorney's fees, and shall execute such other documents as may reasonably be required or requested of the other party in order to complete the transaction contemplated herein. 5. Time of Essence/Remedies. Time is ofthe essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or i f any other obligation is not performed or waived as herein provided, there shall be the following remedies: (a) Seller Default. If the Closing and the consummation of the transactions herein contemplated do not occur by reason o f any default by Seller, Buyer shall have the right to file an action against Seller for specific performance of this Agreement or Buyer may terminate this Agreement and receive a refund o f the Earnest Money Deposit and all interest accrued thereon. (b) Buyer Default. IN THE EVENT THE CLOSING FAILS TO TIMELY OCCUR BY REASON OF A DEFAULT BY BUYER, SELLER SHALL BE ENTITLED TO THE ENTIRE EARNEST MONEY DEPOSIT OF $10,000.00 AS LIQUIDATED DAMAGES AS ITS SOLE AND EXCLUSIVE REMEDY IN LIEU OF ANY OTHER RIGHT TO DAMAGES OR RIGHT TO SPECIFIC PERFORMANCE OF THIS AGREEMENT. BUYER AND SELLER AGREE THAT, BASED UPON THE CIRCUMSTANCES NOW EXISTING, AND AFTER THOROUGH AND CAREFUL ANALYSIS, THE FOREGOING AMOUNT IS A REASONABLE ESTIMATE OF THE DAMAGES WHICH SELLER MAY SUSTAIN. 2 48529930.1 RECEIPT OF SUCH AMOUNT BY SELLER SHALL NOT CONSTITUTE A FORFEITURE OR PENALTY, BUT SHALL CONSTITUTE LIQUIDATED DAMAGES. (c) Costs and Expenses. Anything to the contrary herein notwithstanding. in the event of any litigation arising out of this Agreement the court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 6. Payment of Encumbrances. Any encumbrances on the Subject Certificate shall be paid by Seller at or before Closing from the Seller's proceeds from this transaction or from any other source. 7. Closing Costs, Documents and Services. Buyer and Seller shall pay, in good funds, their respective Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before Closing. Fees for real estate Closing services shall not exceed $500.00 and shall be paid at Closing by Buyer and Seller equally. Any sales and use tax that may accrue because ofthis transaction shall be paid when due by Buyer. 8. Representations and Warranties of Seller. Seller represents and warrants to Buyer that as ofthe date of Closing: (a) Seller shall have properly obtained the Subject Certificate from the City ofAspen Community Development Department; (b) Seller has not sold or agreed to sell the Subject Certificate to any party other than Buyer. (c) Seller owns all right, title and interest in and to the City of Aspen affordable housing credits represented by the Subject Certificate free of all liens and encumbrances; and (d) Seller has full power and authority to sell the Subject Certificate without the consent of any other person, including without any lender or other lienholder that may have an interest in the City of Aspen affordable housing credits represented by the Subject Certificate or the Subject Certificate. These representations and warranties shall survive the Closing. Notwithstanding the foregoing, Seller is not, pursuant to any provision of this Agreement or otherwise, making any warranty or representation regarding the suitability of any site for use of the Subject Certificate and, in such regard, Buyer is solely responsible for selection of an appropriate site and compliance with the applicable Code provisions regarding the use of the Subject Certificate. 9. Notices. All notices hereunder shall be in writing and shall be either personally delivered or sent by Federal Express, or by certified mail, return receipt requested, addressed as follows: To Buyer: Alex Roudi c/o Steev Wilson Forum Phi Architecture 715 W. Main Street #204 Aspen CO 81611 To Seller: JET VIEW, LLC c/o Peter Fomell 625 S. West End Street #4 3 48529930.1 Aspen CO 81611 With Copy to: B. Joseph Krabacher SHERMAN & HOWARD, LLC 730 E. Durant Avenue, Suite 200 Aspen, Colorado 81611 Each such notice shall be deemed given on the date personally delivered, the date received if delivered by overnight courier, or two days after mailing by certified mail, return receipt requested. 10. Pawnent ofCommissions. Buyer and Seller each represent to the other that, as the result of the sale of the Subject Certificate, such party shall have no liability for any other commissions or fees payable to brokers or agents, and agree to indemnify and hold harmless the other party for any claims from any brokers or agents for any commissions or fees claimed through such party. 11. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto, and supersedes all prior and contemporaneous agreements, representations and understandings ofthe parties regarding the subject matter of this Agreement. No supplement, modification or amendment of the Agreement shall be binding unless executed in writing by the parties hereto. 12. Miscellaneous. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A facsimile or .pdf signature shall have the same effect as an original signature. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and the parties hereby consent to the exclusive jurisdiction of the Colorado state courts in the event ofany controversy or suit arising hereunder. Venue shall exclusively be in Pitkin County, Colorado. The parties agree that this Agreement shall not be recorded. Buyer may assign Buyer's rights and obligations hereunder. If any time period (with the exception of the date specified for notice ofacceptance) referred to in this Agreement shall end on a Saturday, Sunday or legal holiday, such time period shall automatically be extended to the first regular business day thereafter. 13. Notice of Acceptance; Counterparts. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before June - 2018 CAcceptance Deadline"). If accepted, this document shall become an agreement between Seller and Buyer. A copy ofthis document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete agreement between the parties. [Remainder of this page is intentionally blank, signatures appear on following pages] 4 48529930.1 IN WITNESS WHEREOF. this CONTRACT TO BUY AND SELL AFFORDABLE HOUSING CREDIT CERTIFICATE is executed and delivered as ofthe date first set forth above. BUYER: A ,/1 &1/L - Alex Roudi JET VIEW, 4Lg A Colorado,,Mmit t~i~ company --1 By-Â· lf# ,1.*~,1 Priti Name: Peter Fornell Title: Manager 5 48529930.1 EXHIBIT 1 SPECIAL WARRANTY DEED AND ASSIGNMENT (for Certificate of Affordable Housing Credit) JET VIEW, LLC, a Colorado limited liability company ("Grantor' '), whose mailing address is 625 S. West End Street #4, Aspen, CO 81611, for Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby assigns, transfers, sells and conveys to Alex Roudi whose address is ("Grantee"): (1) Thirty-Eight One Hundredths (0.38) Category 2 Affordable Housing Credits represented by Certificate of Affordable Housing Credit No. and issued by the City of Aspen on , a photocopy of each of the foregoing Certificate of Affordable Housing Credits being attached hereto and incorporated herein as Exhibit A- 1 this reference. Grantor warrants and represents that it has good title to the Certificate ofAffordable Housing Credits and the above-described Affordable Housing Credits and will defend title to the same against anyone claiming by, though or under Grantor. Dated: , 2018 GRANTOR: JET VIEW, LLC A Colorado limited liability company By: Peter Fomell Manager The foregoing instrument was acknowledged before me this _ day of 2018 by Peter Fomell as Manager ofJet View, LLC, a Colorado limited liability company. Witness my band and official seal. My commission expires: Notary Public 6 48529930.1 EXHIBIT A-1 7 48529930.1 U SHERMAN@HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Curtis B. Sanders Sherman & Howard L.L.C. Direct Dial Number: 970.300.0114 E-mail: csanders@shermanhoward.com July 23,2018 City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 Re: Zayanderoudi Family Trust; 834 East Durant Avenue, Aspen, Colorado 81611; Lot 9, The Enclave at Aspen Dear Sir or Madam: I am an attorney licensed by the State of Colorado to practice law. This letter shall confirm and certify that 971 AH LLC, a Colorado limited liability company, is the owner of certain improved real property legally described as follows (the "Subject PropertY"): Lot 9. The Enclave at Aspen, according to the Plat thereof recorded December 14.1994 in Plat Book 35 at Page 75 as Reception No. 377161 and according to the Declaration for the Enclave at Aspen recorded April 18,1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment thereto recorded December 14, 1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21,1995 in Book 774 at Page 667 as Reception No. 379172 and Second Amendment thereto recorded March 16. 1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment recorded November 5,2009 as Reception No. 564271, Pitkin County, Colorado. A copy of the Zayanderoudi Family Trust's vesting deed with respect to the Subject Property is attached hereto as Exhibit A. The Subject Property is subject to the following matters of record: 1. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1,1897 in Book 139 at Page 216 as Reception No. 60156. Active/48732231.1 1-n 8 0 094 2. Reservation of minerals contained in the Deed recorded in Book 131 at page 81. 3. Encroachment Agreement by and between the City of Aspen and Howard Bass and Harris A. Cahn as set forth in instrument recorded October 8,1990 as Reception No. 326988. 4. An Ordinance ofthe Aspen City Council Granting a Substantial Amendment to the Final Subdivision Plan for the Oblock Subdivision, Condominiumization and Vested Rights Status for Lots D-I and N-S of Block 112, City of Aspen, Pitkin County, Colorado Ordinance No. 28 (Series of 1993) as set forth in instrument recorded June 25, 1993 in Book 715 at Page 946 as Reception No. 358181. 5. Subdivision Agreement for OBIock Townhouses as set forth in instrument recorded October 8,1990 in Book 631 at Page 504 as Reception No. 326990; and Amended and Restated Subdivision Agreement of Oblock Townhouses as set forth in instrument recorded September 28, 1993 in Book 725 at Page 261 as Reception No. 361532 and First Amendment to Amended and Restated Subdivision Agreement for Oblock Townhouses recorded November 29.1993 in Book 733 at Page 58 as Reception No. 363896. 6. Easements, rights of way and other matters as shown and contained on Plats of Enclave at Aspen recorded October 8,1990 in Plat Book 25 at Page 8 as Reception No. 326939, and recorded September 28, 1993 in Plat Book 32 at Page 74 as Reception No. 361533, and recorded April 11,1994 in Plat Book 34 at Page 30 as Reception No. 368822 and recorded December 14, 1994 in Plat Book 35 at Page 75 as Reception No. 377161. 7. Declaration for The Enclave at Little Nell as set forth in instrument recorded April 18, 1994 in Book 747 at Page 882 as Reception No. 369105, and First Amendment to Declaration for The Enclave at Little Nell recorded December 14,1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21, 1995 in Book 774 at Page 667 as Reception No. 379172, and Second Amendment to Declaration for Enclave at Aspen recorded March 16, 1995 in Book 776 at Page 404 as Reception No. 379771 and Third Amendment to Declaration recorded November 5,2009 as Reception No. 564271. 8. Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60 (Cottage Infill), and Section 5-510 ofthe Aspen City Land Use Code, Resolution No. 90-1 and Ordinance No. 90-14 as set forth in instruments recorded September 29, 1993 in Book 725 at Page 366 as Reception No. 361562, and recorded in Book 725 at Page 370 as Reception No. 361563 and recorded in Book 725 at Page 374 as Reception No. 361564 and recorded in Book 725 at Page 378 as Reception No. 361565. 9. Curb and Gutter Improvement Agreement recorded April 3, 1996 as Reception No. 391377. 2 Active/48732231.1 This letter shall further confirm that as the owner ofthe Subject Property, Zayanderoudi Family Trust has the right and authority to file and pursue land use applications, variance requests, and other requests with the City of Aspen with respect to the Subject Property, as well as the right to authorize others to file and pursue such matters in connection with the Subject Property. Sincerely, 441- Curtis B. Sanders 3 Active/48732231.1 Exhibit A Immul.11111111.11".1111 RECEPTION#: 641286, R: $38.00,0. $800.00 DOC CODE: WD Pg l of 8, 09/08/2017 0111:54:60 AM JantÂ©o K. Vol Caudill, Plain County, CO WARRANTY DEED State Doc Fee: $800.00 Recording Fee: $23.00 THIS DEED 1Â£ dated the 29 0; day Of August, 2017, and is made between 834 Aspen, LLC. a Colorado Limited Liability Company AgiZONA (whether ene, ormore than one). the-Grantorof the County of Mdj/1(.D,~A .di St.le of-IN,Aols and Zayanderoudi Family Trust the Â·GranteenÂ·, whow legal address *8 1605 La Jolla Rancho Road, La Jolla, CA 92037 of the County of San Diego and State of California- WITNESS, that the Grantor, for and in consideratjan of the jum 01 Eight Millton Dollars and No Cents ( 38,000,000.00 ), the recelpt and Gumdency of which i; hereby acknowl,dged, heraby grants, bargains, sell:, conveys and confinna unto the Grantios and the Gionteel' hein and assigns forever. nol in lenancy in common but In Joint tenancy. 811 the real pruperty, together with any improvements Iharion, locad in the County of Pitkin and Slate of Colorido described as fallowl Lot 9, THE ENCLAVEATASPEN, according to the Plat thereof recorded December 14, 1994 in Plat Dook 35 at Page 75 as Receplion No. 377161 and according ta the Declaration tor the Enclave at Aspen recorded Apri! 18. 1994 in Book 747 al Page 882 as Reception No. 369105. and First Amendment thereto recorded December 14, 1994 in Book 789 at Page 317 as Reception No. 377160 and re-recorded February 21.1995 in Book 774 at Page 667 as Reception No. 379172 and Second Amendment Ulereto ncorded March 16, 1995 In Book 776 at Page 404 as Reception No. 379771 and Third Amendment recorded November 5, 2009 as Reception No. 564271 COUNTY OF PtTKIN, STATE OF COLORADO also known by street address as: 834 E. Durant Avenue, Aspen, CO 81611 TOGETHER wilh su and singdar the hered}tamenta and appurtenance, therato belonging. or In anywise appertaining, Ihe ravernions, remainders, reflm, ISSUBS and profita thereof, and all the estate. right, litle, iniereit claim and demand whatioever of the Grantor. efther in jaw or equity, of, in and to the above bargalned premile:. wilh the hereditaments and appurtenances TO HAVE AND TO HOLD *le *ald premines above hargalned and described, with the appurtenances, unto the /6_ Grantees. and lie Grantees' helrn and al,Ign* forever. The Grantor, for the Grantor @nd N Grantor'* hen and assigns, doel coverlant, grant, bargain, and agm to and with the Granloes, and the Glantees' heirs ind assigns: that at the tkne of the enmang ind delivery of thele pratent*, the Grantor la we~ *elzed of tha prmmiess above dâ€¢8cribed; has good. eure. peffacl. abooluta and Indekaslble esÂ¢&te of inheritance, in law, and in lae simple: and has good right, lull power and lawful authority to grarl bargain, sen ind ccrivey the zarne In manner and form as aforesaid: and thal the Bame are free and clear irom all former and olher grants, bargains. =les. IlenE. taken. ania,amenti. encumbral,G33 and re.!Actlona of whitever kInd or nature loever, except and subject to: See Exhibit "A" attached hireto and made a parthereof And the Grant.or shal[ and wiU WARRANT THE TITLE AND OEFEND the Hbove deactibed premises, In fhe quiet and peaclable posses;ion of the Grantees. and the heirs and assigns of the Grantees. againd all and every person or persons lawfully dalmang the whole or any pan thereof. IN WITNESS WHEREOF, tile Grentor has executed this died on the date Got fonh above. 834 ASPEN, LLC, A COLORADO LIMITED LIABILITY COMPANY By: The Northern Trust Company, not individually but solely in Its capacity as Trustee of the Laurence Bruce Ashkin Irrevocable Marital Trust under agreement dated December 27.2004, Member Anthony T. Smith Representative and By: Do0 Ashkin Rivocable Trust dated April 3, ; 998 Member 6 -06+1* 9/ 41 Doris Asmon Trustee CITY OF ASPEN CITY OF ASPEN WRETT PAID DATE HRE77PA/D DATE REP NO. 5-334-6 9/9 / r!pULNo. :5-4 3 4>- 419 r? rL Siewart Tlle Flle Number 01330-100633 Pae,1 921 JT WARRANTY DEED (To Joint Tinant,} STCO 4 Active/4873223 1 1 94*42+141103 LAI p)1.19]3 4- 9.. RECEPTION#: 641286, 09108/2017 at 11:54:50 AM, Pgs 2 of G, Janice K Vcs Caudill, Pit;Un County, CO sute o-- GL6Â¥d,do County of (mun The forsgoing instrument was acknowledged Wore me this ID'l day of September. 2017 by Anthony T. Smith as Representalive for The Northern Trust Company, not individually but solely in its capacity as Trustee of Ihe Laurence B. Ashkin Irrevccable Marital T<U5t dated December 27,2004, Member and Doris Ashkin as Truatee of the Doris Ashk Revocable Trust dated Aprit 3, 1998. Member of 834 Aspen, LLC, a Colorado Limited Liability Company. Witness mt'~nd and omcial seal. Notary *â€¢bÂ¥ v My corTIMishion expires: JENNY LUU NOTARY PUBLIC EFF--1 NOTARY [D #20174007161 11, Ca'wt=n EKÂ»s Fabne 1 5, 2021 5 Active/48732231.1 RECEPTION#: 641285, 09(08/2017 at 11:54:50 AM, Pgs 3 of 6, Janice K Vos Caudill. Pitkin County. CO EXHIBIT "A" DEED EXCEPTIONS 1. Taxes and amssments forthe year 2017, not yet due and payable 2. The effect of inclusions in any general or specific water conservancy, f,re protection. son conservation or other district or inclusion in any water service or street Improvement am. 3. E=eptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Tmsite of Aspen recorded March 1, 1897 In Book 1 19 ?t Paae 216 as Recepbon No. 60155. 4. Reservation of minerals contained in the Deed recorded En Book 131 at gaue 81.The Company makes no representation as to the pfesent ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 5 Encroachment Agreement by and between the City of Aspen and Howafd Bass and Harris A Cahn as Eet forth in instrument recorded Octobef 8,1990 as Reception No. 326988. 6. An Ordinance of the Aspen City Council Genting a Substanti@! Amendment to the Final Subdivision Pian for the Oblock Subdivision. Condorniniumizaaort and Vested Rights Statu= b lots [}4 and N-S of Block 112, CRy of Aspen. Pitidn County, Colorado Ordinance No, 28 (Sedes of 1993) as set forth in instrument recorded June 25, 1993 in Book 715 at Pace 946 as Reception No. 358181. 7. Subdivision Agreement for 08!ock Townhouses as Set ionh in instrument recorded October 8.1990 in Book 631 al Pace 504 as Reception No. 326990. and Amended and Restated Subdivision Agreemen! of Oblock Townhouses as set forth in instrument recorded September 28, 1993 in Book 725 at Page 261 as Reception No. 361532 and First Amendment to Amended and Restated Subdivision Agreement for Oblock Townhouses recorded November 29, 1993 in Book 733 at Paoe 58 as Reception No. 363896. 8. Easement5, nghts of way and other matters as shown and contalned on Plall of Enciave at Aspen recorded October 8,1990 In Plat 8ook 25 at Paae 8 as Reception No. 326939, and recorded September 28, 1993 in Plat Book 32 at Pace 74 as Reception No. 361533, and recorded Apal 11, 1994 in Plat 8ook 34 ateace_30 as Reception No. 368822 and recoad December 14, 1994 in Plat Book 35 at Pace 75 as Reception No. 377161. 9. Dectarabon for The Endave at Little Nell as set forth in instrument recorded April 1 4 1994 In Book 747 at Page 882 as Reception No. 369105. and FIrst Amendment to DaclaraUon for The Endave at LIttle Nell recorded December 14, 1994 in Book 769 at Page 317 as Reception No. 377160 and re-recorded February 21, 1995 In Book 774 al Page 567 as Reception No. 379172. and Second Amendment to Declaratjon for Enclave at Aspen recorded March 16, 1995 in Book 776 at Page 404 as Reception No 379771 and Third Amendment to Declaration recorded November 5, 2000 85 Reception No, 564271. 10. Accessory Dwelling Unit Deed Restriction Approved Pursuant to Ordinance 60 (Cottage Inmi), and Section 5-510 ofthe Aspen City Land Use Code, Resolution No. 90-1 and Ordinance No. 90-14 as set forth ir, Instrument5 recorded Septimber 29, 1993 m Book 725 at Page 366 as Reception No. 2112 and recorded I Book 725 at Page 370 as Reception No. 361553 and recorded in Book 725 at Page 374 as Recaption No. 361564 and recorded m Book 725 at Page 378 as Reception No. 361565. 11. Curb and Gutter Improvement Agreernent recorded Apn[ 3, 1996 85 Receotion No. 391377. 12. Any and ail existing leases and [enancies. 6 Active/48732231.1