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Home My WebLink AboutLand Use Case.747 S Galena St.0019.2011.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2012.ASLU PARCEL ID NUMBERS 273708 278 008 PROJECTS ADDRESS 747 s Galena St PLANNER JENNIFER PHELAN CASE DESCRIPTION DEMOLITION OR REDEVELOPMENT REPRESENTATIVE DOUGLAS BRENDMAR DATE OF FINAL ACTION 6.3.12 CLOSED BY ANGELA SCOREY ON: 12.4.12 0019.2011.ASLU 747 S. GALENA ST PARCEL 2737*18 278 008 REâ‚¬>EVEEePMEN:FAPAL IC 8 Italt 73/04<".731/Jajr. I-\Dkwil - L 1 t~ /,JJ 1 R 7 ?*tal * 27 31 4 li '21 9 009' 00(920(l Â· AÂ·sLU Ble Edit Record Wig* Fum Report Format Iab Â®P 1**IX),)/44:098_3#8-1 1 11 4 k MO Fli ~mp,1 3*1:0'4 12 23 i a a J , Ii" '2 0 6 0 J 9 90 Routingitatus ~Feei IFeejummarY FlÂ¥tbns |Attachments Routhg @story |Yabation *WET |Custom F#Idi ~5lbtermits |Pa* ~ **24. C &4.40 *fY. Aspen Land Use ~ Permit# 0019.2011.ASLU ~Ad&55 1141 S GALENA ST Ap41&10 350 ~ 01 ASPEN stdeF--I @ 81611 Master permit Routhg queue |.1,01 | Appled 33/2011 v Pro*t Ratus pending Appfoved Des*n REDEVELOPMENT OF MALTI FACILITY HOUSNG UNT - FASCHING HAUS EAST UNIT Issued 1. 350/450 find r Submitted DOUG BRENDAMOUR 523 31 2 0077 Clock ~Jii~~ Day5 ~ Expires 3/220012 Submitted via OWnef Last name FASCHING HAUS CONDOMI First name 147 S GALENA ST ASPEN CO 81 611 + Phone (970925-2260 Addre -i-4. ift-L, Â®*ant [ itar [10*ner k appliciant? E Contractoris appliCan!1 Lat name BRENDAMOUR CHILDRENIS> FEst name DOUGLAS P. 6105 PARK RD - CINCINNATI 011 45208 Phme (5131 3120-7 Cust# 28995 Address Lender Last eme FirK name phore()- Address t DÂ®1* 89*Anddsafess -i ~ 10 ~C"~(tA~~~-~1~-F 0-1) r 1 + 3 6 4 122,GLCAPP Â®- 1-43 63' f *mo N '10!noIl glooll I .dno,g gif 1 SENDER: COMPLE+E +HIS SECTION COMPLETE THIS SEC#,14 ON DELIVERY / â€¢ Complete items 1, 2, and 3. Also complete A. Signature ~ item 4 if Restricted Delivery is desired. xt*/1, /0 - ' Â¤ Agent â€¢ Print your name and address on the reverse r ~Â»'7~>Â·--U.Mdressee so that we can return the card to you. B. Receivey6y ( Printed Name) C. Date of Delivery â€¢ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? O Yes 1. Article Addressed to: If YES, enter delivery address below: Â¤ No 01Â£41/Fle 16Â¢2Â«14het 8 1 00 Pa,vELER [Dtertified Mail Â¤ Express Mail 3. Ser*e Type 0(Viel 1411040 4 014 4 62 0% O Registered Â¤ Return Receipt for Merchandise Â¤ Insured Mail Â¤ C.O.D. 4. Restricted Delivery? (Extra Fee) Â¤ Yes 2. Article Number 91.7199 9991 703.0 0694.3332 (Transfer from service lab PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ] ~ED STATES Po=L SERVICE First-Class Mail Postage & Fees Paid USPS : Permit No. G-10 ' Sender: Please print your name, address, and ZIP+4 in this box ' , 044--5 ef-AefEM ) Cowl tÂ»lourie 1 B. 3 16 0 0Â· Or-cileiia â‚¬4- Atifea,U) 31(ell r 11â€ži Il,i 11,11â€žâ€ž,11â€žliliâ€žlilliâ€ž11â€ž,I1111,111!|1,,,1tt|,1 j 1-/5440*1~0 6, GQZ IIi*til:/9& ZP 81611 â‚¬dtiiÂ¥NOMi#hue**L,Ment P?A#WRIÂ¢FW A |2W0J':fi 02 1rf 221,2t02.OC.J 000137789 130 S. Galen@ 4*I@@i Aspe11 Colorado 8181} ~ 91 7199 9991 7030 0694 3332 ~ Community Development Departmen: 130 S. Galena Street Aspen, Colorado 81611 Mt i tls.1*2466.r 67105 1Aft> 14; 0 C AC/{ M MATI , Â£9~7 4524,9 OF July 9,2012 Chris Bendon Community Development Director City o f Aspen 130 South Galena Street Aspen. Colorado 81611-1975 RE: Brendamour Appl. To Modernize/Reconfigure Two Separate Units, 440 and 450 Fasching Haus. Dear Chris. We just received your certified letter dated July 3.2012. We clearly have not abandoned the application. We have redesigned our drawing three times to try and meet your needs. and are still working on it. We believe your position is not in the best interest of our community and not supported by Aspen code. I have been speaking to the Aspen community people who are looking into this. I truly hope your July 3. 2012 letter to me is not the result of us speaking to other people to correct this situation. Your department should support the community interest to create positive redevelopment ofproperties in Aspen to meet modern needs ofthe ski/summer markets. Based on the results of coin ersations with these people. we will determine which direction we wil] take. The building season is only in the summer, year to year. Your letter on May 1.2012 eliminated the possibility of starting in 2012. We still hope to get this resolved and have a positive direction by the spring/fall 2013 construction season. Please call if you have any questions. I will assume our application is still open given the fact that we are still working on this matter. This letter shall rescind your July 3,2012 letter. Sincerely, Doug Brendamour July 3, 2012 t.,I/1 ASPEN/PITKIN Mr. and Mrs. Brendamour COMMUNITY DEVFLOPMENT DEPARTMENT 6105 Park Road Cincinnati, OH 45243 Via: CERTIFIED MAIL Re: Brendamour Application - Units 440 & 450 Fasching House Mr. and Mrs. Brendamour: We have not heard from you in some time regarding your land use application. The City expects applicants to actively pursue their application in a timely fashion. The most recent correspondence from our office was on May 1, 2012, wherein we advised you that we could not approve your application as proposed. Pursuant to Section 26.304.070.F of the Aspen Land Use Code, we consider your application abandoned. Regarjls, Chris Bendon, AICP Community Development Director City of Aspen 130 SOUTH GALENA STREET ASPEN, COLORADO 81611-1975 PHONE 970.920,5090 FAx 970.920.5439 Printed on Recycled PIpe. May 1,2012 ASPEN/PITKIN COM M UN 11 Y DEVE LOPMENT DEPA RTM E N T Re: Brendamour Application - Units 440 & 450 Fasching House Mr. and Mrs. Brendamour: Thank you for coming in to speak with me about your pending land use application. I have reviewed your proposal and your correspondence regarding this issue. Your plans have been amended a few times. I see your second set of plans amended the plans for the kitchen in #340. And, your latest plans amend access to a bedroom in #350. This department is unable to approve the development you are proposing. We consider your proposed development as physically combining two residential condominium units into one and we do not believe the proposal complies with the City's non-conformity provisions. We realize the existence of the common hallway and an interior element common only to these two units. We understand you represent the space as an HOA element, but condominium declarations are private agreements that the City does not manage or enforce. It represents a private agreement condition of the property, not a physical condition. Considering this, our Department considers the exterior-most entry the demising wall. You have asked for a specific citation on which our decision is based. Section 26.104.100 of the City's land use code defines a multi-family dwelling unit as: Dwelling, multi-family. A residential structure containing three (3) or more attached Dwelling Units in either an over-and-under or side-by-side configuration with common unpierced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities Nmited to an office, laundry, recreation facilities and off-street parking used by the occupants. One (1) or more Dwelling Units located within a Mixed-Use building shall also be considered a multi-family dwelling. The term "multi-family dwelling" also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three (3) or more Detached Residential Units where permitted by the Zone District. In particular, your plans do not comply with the common unpierced wall/floor/ceiling stipulation. Without this physical separation, the development must comply with development regulations as one unit, including limitations on unit size. The proposal does not appear to qualify for an exemption from the regulations for combining multi-family units, contained within Section 26.470.070.5.8. You asked that this department consider the existing situation as pre-existing condition. The City's land use code does have provisions for non-conforming uses and structures. The current situation could be considered both a non-conforming structure (presence of the connection) and 130 Soum GALENA STREET Â· ASPEN, COLORADO 81611-1975 PHONE 970.920.5090 FAx 970.920.5439 Printed on Recycled Paper a non-conforming use (one unit with two kitchens). These provisions only allow for routine , maintenance and do not enable redevelopment of any magnitude. I have attached the relevant code sections. You mentioned the possibility that the smaller unit could be used as a lock-off unit. The City permits "lock-off" units within lodging properties. Physically, this usually includes an interior demising door similar to your plans. Lock-off units are not permitted for residential properties. I realize you have invested time, money, and likely some emotional energy in these plans. This is probably not the answer you were hoping to hear. In our meeting and in your correspondence you raise some good points regarding how Aspen could consider changes to development policy, especially regarding older properties. This discussion could lead to more liberal codes. I also realize that you have not yet purchased the adjacent unit. I appreciate that you are asking these questions prior to purchasing and I realize that your decision likely rests on your ability to pursue your proposal. On November 9th last year, Jennifer Phelan provided you with some options. She said: "At this point, if I act upon your land use application, I will have to deny it. If it is denied you can appeal the decision to city council. You also have the option to withdraw the application or amend the design to a point where staff may approve it. Please let me know how you would like to proceed and I am happy to discuss further at your convenience." After reviewing your proposal and your correspondence I believe these remain your options. We do not believe your plans comply with the City's limitations on unit size nor the policy regarding non-conformities. We are unable to approve your proposal as it stands. The easiest amendment to the plans would be to eliminate the door connecting "condo'unit #2" to the common hallway. This change would meet the common unpierced stipulation for multi-family units with little change to the remainder of your proposal. We would like to know how you would like to proceed. If no action is taken the application will be denied and you will be eligible for refunds. Reaaris, Chris Bendon, AICP Community Development Director City of Aspen - , Chapter 26.312 NONCONFORMITIES Sections: Sec. 26.312.010. Purpose. Sec. 26.312.020. Nonconforming uses. Sec. 26.312.030. Non-conforming structures. Sec. 26.312.040. Nonconforming accessory uses and accessory structures. Sec. 26.312.050. Nonconforming lots of record. Sec. 26.312.060. Lot reduction. Sec. 26.312.010. Purpose. Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision. Sec. 26.312.020.Nonconforming uses. A. Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provisions of this Chapter and this Section. B. Normal maintenance. Normal maintenance may be performed upon nonconforming uses of land and structures, provided that the maintenance performed within any twelve (12) consecutive month period does not exceed ten percent (10%) of the current replacement cost of the structure. C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the area within a structure in which such nonconforming uses are located; or 2. Occupancy of additional lands; or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. D. Relocation. A structure housing a nonconforming use may not be moved to another location on or off the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the zone district into which it is moved. City of Aspen Land Use Code Part 300, Page 25 E. Change in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the zone district in which it is located. F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. Any nonconforming use not associated with a structure may not be restored after a discontinuance period of more than thirty (30) days. G. Demolition or destruction. 1. Ability to restore. Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of demolition, may not be continued or restored. Any nonconforming use located in a structure undergoing construction, which does not constitute a demolition, has an approved development order, and an approved building permit shall not be considered discontinued. 2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as o f right, regardless of the extent of demolition or destruction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. (Ord. No. 55-2000, Â§Â§2,3; Ord. No. 12,2007, Â§Â§15,16) Sec. 26.312.030. Non-conforming structures. ( A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an entargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged: provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred (500) square feet, complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred (500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage City of Aspen Land Use Code Part 300, Page 26 house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080, Special Review, as well as the following additional review standards: (1) Newly established floor area may increase the ADU up to a cumulative maximum of 500 sq. ft. of floor area and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 square feet of available un-built floor area from one property to the ADU. (2) The additional floor area is a conversion of existing square footage which was not previously counted in floor area, (Example: storage space made habitable. or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (3) The additional floor area creates a unit which is more suitable for caretaker families. (4) The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. (5) The area and bulk o f the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535, Transferable Development Rights. (7) For the transfer of allowable floor area from a non-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. City of Aspen Land Use Code Part 300, Page 27 D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four (24) months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single- family floor area requirements. (Ord. No. 1-2002, Â§ 6 [part]; Ord. No. 9-2002, Â§ 5; Ord. No. 35-2004, Â§ 1; Ord. No. 7-2008) Sec. 26.312.040. Nonconforming accessory uses and accessory structures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have terminated unless such structure or use thereafter shall conform to the provisions of the zone district in which it is located. Sec. 26.312.050.Nonconforming lots of record. A. General. A detached single-family dwelling and customary accessory buildings may be developed on a lot ofrecord if: 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2. The proposed single-family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the zone district can be met or a variance is obtained from said dimensional requirements pursuant to Chapter 26.314. B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record as of City of Aspen Land Use Code Part 300, Page 28 November 22,1971, regardless of time of acquisition and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel and no portion shall be used or occupied which does meet the width and area requirements of this Title. C. Historic property. A lot of record containing a property listed on the Aspen Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.415. (Ord. No. 1-2002 Â§ 6 [part-]) Sec. 26.312.060. Lot reduction. A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this Title or to leave remaining any lot in violation of the dimensional requirements of this Title, B. No lot or portion of a lot required as a building site under this Title shall be used as a portion of a lot required as a site for another structure. C. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold or subdivided in violation of this Section. City of Aspen Land Use Code Part 300, Page 29 . ME boris denaon March 5.2012 Community Development Difector City ot Aspen and Pitkin Countv 130 S. Gaiena Street Asser. Colorado 81611 Dear Chris, *-e enioved meetsng you. iast Tnursday anct It-uiy appreciate your ume zo near and review our third revision of drawings to upgrade two condominiums at the Fasching Haus. Please appreciate our efforts as this is our third attenipt to try and work with your department. The two conciominiums neive historically existed side by side as min-or imacies of each other. We have creativeiv redesigned/reconfigured the space so that: 1.)a panoramic view d Red Mountain (previously blocked by an oid kitchen and bathroom) is captured with a beautiful new window system. and 2.> a low ceiling. based on today s standards. is made into a cathedral ceiling and sky!.ights are installed to pick up views of Aspen Mountain. Our plans detail two exciusive units. Each unit has two bedroems, a large kitchen. large livina area washer/dryer, etc. and remains within the 1500 sq. ft size limitation. They are two separate rental properties that take advantage of views and meet the expectation of today;s Aspen vacationer. As we presented our plans. you openly expressed that the conienI or eacn unit was not relevant to you. This surprised us as we thought that it *Â·as most importarIt for these units to be compietely self contained functionina units. each w~th their own kitchen. living area and amenities. The root of your objection,s that each unk will have a Goorway into an common pre-existing hailway that is owned by Fasching Haus Association. This ha;!wav is not heated and its maintenance and electrical tiohtinc is provided bv the association just like any other hailway in a condominium building. Historically, both unfts have had doorways into this hallway. so our plan presents a simation that currently exists: two separate units each with a doorway into a common Your position that Es common Railway between the units makes R one unit ora combined unit" Is not true based on my full review of the code and my understanding of it, R is not true because many condominiums in Aspen or any city have doors to common ha:lwavs owned by an association. 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' - DEN - 6 BEDROOM 8+149 C. -16 - 1 -,4. - 1 - WAStil DRY ~ 6 - 0 - 2 - % 41/ 1 8-9" ./.\ - \1/ - - -I - I. 4-' [33 LIVING ROOM Of 0* . 5 00 20'-14- Ed , 1<1TCHEN ~, 3'-7" I,04'-t~" (, 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~~ FLOOR PLAN SCALE: 1/4" = 1'-O' 1149 SQ, FOOTAGE WARDROBE 12'- 29'-32- 1 74 ... -4 4 .3/ I < ' 6- 39'-2~" 1 1 11 il ':I -'j~-411 ' 11 11 1 I /,U 17'-6" ~\~4'-5"~ 14'-11~" < ~'12,_1" , Â·' REF 1// V ~71 / 0/ C On)&6 W j/Ar' i EXISTING .3--%25- reow<4 1 ,~ BEDROOM 149 L ,//w (6440 4416.2 E--7 "-100 r. 217, 3'- 2" i Â»c'i : 9'-4" uP z e I I 9/i' - 01 1 73â€¢k'Â®e-S b !21 0 0~0 1 -0-1 i LIVING 9 -> LU 8 0 tÂ·k Q N'/6 A,e- 6 OA o W /1 14 I TCHEN; 1-7" ~ -/.F-L -e.rL- 150 0 8 k +40 , gil ze- 6 i ... 'TON " .1 -1-- 1 -\- -f- .//U PANTR C < STACI<~ *4 . 1 EXISTING LO i ~ BATH CAB. 5.-2,0 \ 1 ~ W/D .1 79 n , \1/ -h-1 0 2 LOISO n , --- , 4 f9 L. 7 -1" 3'--6" ~ 8 CD , f - 01 rÂ» / # 4- EXISTING 44 f BATH RENOVATED' BENCH BUIL7- IN BATH < W/ STORAGE , BELOW , - 0 - L-1 1 \ 1 14 1 El 0 4% D 4/11 : 41Â«34 r-KN J 4 0 e 1 15'-1 ~ Ul ~ 14'-1111,1 2>-//2,--11' , '~ 112 EXISTING - 10 EXISTING - COMMON 1 EXISTING ELE,1ENT 1, Â°1 BEDROOM i cn cn M. BEDROOM --I # filt ------ -7 1 * 11 11 11 - \- 11.11 " 11 11 +E..WN* '' fr ..1 . Cah-EL I' / 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT ~---~ FLOOR PLAN SCALE: 1/4" = 1'-0" 1049 SQ, FOOTAGE OCTOBER. 2011 F iFÂ·VS ;2 3.'Â·FÂ·,374 Â·-Â· Â·-7.11 '' .Â·5,11 W- '' : 6 . Â· 4 , 71 yEO>.1. ' r. 7.:A r -;--1 r .n- ? 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Re ul -Dri 'Â·j -; 16 n-ka., C.C. 3 .Â·C>,3 A, hty-3 29161-9:U~J-2227 1. . -t 1 64.,1.6.orrea-,SU 4UwÂ«, O,Â«4 ne.. e .. f D. .,e~J . , ... 1/-4'Â· Ck C051 1 Â¢3' 4 64,- fk-91 . - 42.,\\ 124 . ./J ,34-9-,l-~ tv,f~ 0 "jÂ·. ~, $ 6 J."\Pi &5 C,/ Ie-4 1 4 u.tr="all' - r Dolfllt~ 12nÂ·CIODI 1 ., ... 1 - 1 -1 . lAi,11 1.1 .' %,~~ 1-win<*-~-m81~~~MI~ _Int:=â€¢,â€¢ . 1 .. ..... _1~~Lau~~_.. ..... _~ Â·. 1,- 1 I' 0 'll.'ll. :'. ' gli Brendamour Warehousing Mail - Fasching Haus Renovation https://mail.google.com/mail/?ui=2&ile63097:028&:iew=pt&search... 1 r\1 1 1 .- 1 P.. U , j UU' Andrew Brendamour <andrewb@brendamour.corn> Fasching Haus Renovation 1 message Andrew Brendamour <andrewb@brendamour.com> Tue, Feb 7, 2012 at 11:21 AM To: jennifer. phelan@ci.aspen.co. us, chris. bendon@ci.aspen.co. us Dear Jennifer and Chris, Please excuse the delay in responding to you on your ruling. We were very surprised by your decision and wanted to take time to think about our future direction. We do not understand your mission and purpose with such a ruling. I do not believe that this interpretation ofthe code was the intent of the Aspen City Council. I do not believe that the City ofAspen wants to stop creative renovations and functional co-existence of neighboring properties. Please explain how these floor plans cannot be viewed as two separate condominium units. (see attached floor plans on each unit) Here are the facts: â€¢ Each unit will have a separate legal description â€¢ Each unit will have separate recognition and have separate rights in the condo association â€¢ Each unit can be sold separately â€¢ Each unit will be rented separately â€¢ Each unit is a stand-alone unit with large kitchen and living rooms â€¢ Each unit will be billed separately for real estate tax as they are two separate legal units â€¢ Each unit meets the square unit criteria for a single condo. Your objection to our project centers around a pre-existing common hallway that has historically run between our unit and the unit next door. Many apartment buildings have units entering the same common hall area. I do not see anywhere in the code that prohibits this. Please give me the specific site that supports your ruling. Does the City of Aspen object to effective interaction of neighboring rental units? I can assure you that many vacationers that come to Aspen (groups offamilies, large and social clubs, multiple friends, etc.) would value the possibility ofhousing their large group in a way that they can easily interact. Attached is an article that appeared on October 5,2011 in the Aspen Daily News. The article title is "Ski Company Asks for a New Vision." In this article, Mike Kaplan, Ski' Co.'s President emphasizes the need for enhanced rental units to attract people to Aspen. Mr. Kaplan quotes that "Aspen should be pursuing a big vision. He says that he is concerned that Aspen is not seeing the forest through the trees." Lastly, Kaplan calls for "a mind-set shift and creation of economic development council to move the pendulum forward." Aspen has many older properties that need to be renovated and made more functional to compete with the new and improved units at competitor ski resorts. I have personally served on the Board of Directors ofFasching Halts East. I led the effort to renovate Fasching Halls in 2008. My creative ideas and input have led to a building with an exterior that looks newly constructed. I respectfully request that you review and reconsider your decision. This process has been very frustrating for my wife and me. We would like the opportunity to renovate and upgrade our place and make it something that will accommodate our family for the long term. This rigid interpretation ofthe code and inability to see the big picture makes us wonder ifwe want to stay in Aspen. Aspen will be left behind, unable to attract the increasingly competitive ski business. 1 of2 2/7/2012 11:22 AM Brendamour Warehousing Mail - Fasching Haus Renovation haps://mail.google.com/mail/?ui==2&ik=63*97ac28&view=pt&search... Sincerely Doug Brendamour Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Road Cincinnati, OH 45242 513-247-0077 x 31 + Fasching Haus Renovation.pdf a 2095K 2 of2 2/7/2012 11:22 AM VAL,04<4 Â·.--72: r :2:' '~ :'jiIÂ·-1-,~ 3 -'- -=L:;7'--,33~ 4-f4~-1"I6'11Â¢1~1.7)4-,NOOf:Ad;F-3-20'FainT,kire'. U?47,21~Â·Â· 17.0Pâ€žI- .' ' .4 Â·& I ~p~,11-, m. . 1 ... . 10 r .,, .%7'T . 1 4 3 <17 92 ; ~1~, ..1 - 24 ' f~h g. . 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DEN ~ : BEDROOM ,-. r, I ./ - 7 0 WASH/| DRY / L 19 1 0 k ,n % I * X -==-7 3./17 ~~~ 1-IVING ROOM f 09 001 40 hi = 00 1 4 9'-4" ~ 20'-14" [23 ' ' 711 9 7 10 , 3'-7- .04.-0 3. 6 11 KITCHEN <7= I I lili 11 . 11 11 11 '11---11 4------- 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~ FLOOR PLAN SCALE: 1/4 - GO' 1149 SO, FOOTAGE WARDROBE -4 Â« 7 4-993 , \ 11 11.. ..11 1 1 11. 11 11 17'-6" ~4'-5"/ 14'-11 ~" /' REF :\// , 1 EXISTING ,< ~ ,~ BEDROOM kg <~\~ IT - 7,J "-lEo T ~-L- ,\, 'ZÂ¢Â¥Pl 1 1 2/ b 3 f El - 211 -/- LIVING 7 2 4 19 \ -T-- .cg Â¢ITCHEN, 3,-11 1 09Â«40 hi __L_ 0.4*,i - to EXISTING PANTRf < STACI<IN 99' i BATH CAB. c, .., ~ I ~ W/D i O - Â£ 9 , n \: - / / -t- 4 1 \ M 7 -1" 3'-6" \ 1 g] \ rA ~ EXISTING - ~ BATH RENOVATUr BENCH BUILY-IN govâ„¢ / W/ STORAGE ~- -4V BELOW , 1 . 1 1 -VOL- --0~- r- . â€¢-KN 0 / I \ ./ I ~2'-1"~Â©> 15'-ly ir> 14'-llk * 619 EXISTING -00 EXISTING 1 u - COMMON I '02 -~ EXISTING ELEvIENT w BEDROOM ~ M. BEDROOM - 1 â€¢â€¢ ~ 01 1, 11 11 11 -\ Fll\11 11 1. \1.r'~- .0-- I- 1 1 , 1 1 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT ~ FLOOR PLAN SCALE: 1/4" = 1'-0" 1049 SQ, FOOTAGE OCTOBER, 2011 A.\ f lAUbJy vu.~,~\ 9-/'Lal L ASPEN DAILY NEWS, Wednesday, October 5, 2011, Page 3 - 1 LOCAT. 1 SkiCo asks for a new vision By Carolyn Sackariason SkiCo's president and CEO, told elected officials that Aspen Daily News Slaff Writer other ski destination towns are gunning for the No. 1 Aspen Skiing Co.'s top ex- ~ position and are able to attract visitors because they ecutive Tuesday called on the City ~ can offer new accommodations at lower prices as a Council to help create a vision for IE*$9 41 result of having more inventory. the resort community so it doesn't ~~- Aspen/Snowmass' competitors have added over fall behind in what he described as - -' :*. ...# 1,3 00 hotel rooms in the last two years, representing the most intense competition he's ~-_- tr-- more than 3,000 pillows. Meanwhile, Aspen has remained stagnant. ever seen. In an annual check-in with As- ' i "In the last several years we haven't moved the pen City Council, Mike Kaplan, ball forward," Kaplan told the council. KAPLAN SKICO ON PAGE 6 Competition nipping atAspen's heels SKICO FROM PAGE 3 Mayor Mick Ireland suggested that the He added that it's not for a lack of effort applications that have come before council but the resort community would be better in recent years have been "cold," and not in served by looking at the bigger picture in- line with the community's values. stead of in a Â·micro-manner from one devel- Councilman Steve Skadron asked Kaplan opment application to another, to clari6- his comments made in a sympo- "We should be pursuing a big vision. sium earlier this summer regarding develop- ... What do we want to be in 20 years?' he ment and whether government has impeded asked. . progress. He noted that Steamboat Springs has de- Kaplan said his comments weren't about clared that it is "Bike Town USA" and As- allowing unfettered growth but were in the pen just hosted the USA Pro Cycling race. context of calling for a mind-set shift-and "Is that just a.one-off?" Kaplan said of creating an economic development council the statewide bike race. 'i'm just concerned to move the pendulum forward for business- we're not seeing the forest through the es here. trees." However, Tuesday's discussion did turn Council members agreed tbat the local to a current development application before governinent's relationship with the SkiCo is council, which elected officials were careful stronger and more collaborative than ever. not to talk about specifically. Kaplan mentioned Bob Daniel, who is and the time is ripe to look beyond the hori- zon. representing Jim Chaffin and Jim Light, the And if development- or redevelopment developers attempting to build a new lodge Â·- is part of that, then approvals will need to at the base of Aspen Mountain 's western be given that include lodging that has free- side. In the symposium, he asked Daniel how market residential, fractional condos and a hotel component so the project can cover its long he'd been in the approval process, sug- debt. And in order to do that, development gesting that it's been a long time with no . projects need a decent-sized footprint, Ka- approval. (In fact, it's been since 2006 that plan said. the Lift One Lodge has been in the depths of "It's a tricky one, given our values," he City Hall.) said of the community's slow-growth wavs. . While competitors have been building Other resorts. like Vail and Deer *al- tor the last few years, Aspen has been on the ley, Utah, that have.added what's known as sidelines. 'We need to create clarity and certainty "hotbeds" are in mixed-use projects, Kaplan said, noting that fractionals are definitely hot around that process," Kaplan said. right now. ' sacl@laspendailyniws.com Jennifer Phelan From: Jennifer Phelan Sent: Friday, May 06,2011 11:58 AM To: 'Andrew Brendamour' Subject: telephone follow-up Dear Doug and Andrew: The intent of this email is to confirm ourtelephone conversation from earliertoday. I'm sorry we cannot currently reconcile our positions with regard to the merging/remodel of the two condominium units (unit 440 & 450) in the Fasching House. As I mentioned on the telephone, it is our department's position, based upon the submitted land use application (0019.2011.ASLU), that the proposed reconfiguration of the two units effectively merges the units and exceeds the maximum size cap for a unit permitted by the underlying zone district. Following are a number of options for you to consider assuming that additional documentation that unit 450 has been used exclusively as tourist accommodations or by non-working residents is submitted and your exemption from growth management review for the demolition or redevelopment of multi-family housing is approved. 1) You can submit a building permit application with an alternative floor plan that does not merge the two units. â€¢ Removal of the spiral stair from the third floor to the unit on the 4th floor as shown on your conceptual floor plans will effectively separate the two units or you can propose an alternative floor plan. â€¢ Purchasing and landing a Transferable Development Right will permit you to exceed the unit cap size of 1,500 sq. ft. and expanda unit to 2,000 sq. ft. 2) You may submit a building permit application with a floor plan identical to the conceptual floor plans shown in your land use application. The zoning officer will undoubtedly not approve those plans. You will have the right to appeal her decision at that time. The appeal is heard by the City Council. I'm glad to assist you with any of these options. Our department has an obligation to enforce the rules and regulations that the City Council adopts, whether or not everyone agrees with them. As I have mentioned previously, I raised these concerns on your proposed remodel to provide you an opportunity to consider your options prior to your closing deadline for unit 440. Kind regards, Jennifer yerlfufbr Phelang AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 Jennifer Phelan From: Andrew Brendamour [brendamour-abmour@prodigy.net] Sent: Thursday, May 05, 2011 1:54 PM To: Jennifer Phelan Subject: RE: conference call Attachments: Email 1.pdf; RequestforHomeownerlnput.doc; BrendamourPlans.pdf; Email 2-a.pdf; Email 2- b.pdf Dear Jennifer, Thank you for setting up a conference call to talk through our application. As you can understand, my family and I are very disappointed about your current positions on our floor plans to create a 3rd floor unit and a 4th floor unit at Fasching Haus East. Prior to our conference call I thought it might help for me to give you more information that will help you see that what we are proposing meets Aspens zoning laws. In fact, my original architect (note: this architect had to resign because of a lack of work in Aspen, and needed to take a full time job with another company) met with one of your planners early on and was told this was how each floor plan needed to be designed in order to work. Then, when I was in town on Tuesday, February 22, my architect and I met with another one of your planners who also confirmed that the floor plans that we presented met the zoning code. We hope the following information will help you understand that the two separate unit' s floor plans meet the Aspen zoning code: 1. Fasching Haus East Board has given conceptual approval of reconfiguration of the two units (see attached email dated April 28,2011 from Mead Montgomery, President of the Board, to me). 2. The homeowners were emailed the attached memo's dated 4/13/2011 from Paddy Allen of Frias Properties to get their approval of the reconfiguration of the two units. As Paddy reported in paragraph one ofthe April 28,2011 email, there were no negative votes from the home owners. 3. As indicated in the 4/28/2011 email and the 4/13/2011 email, the Condominium Declaration and Condominium Map will be amended to redefine the two separate units, which will have two separate voting rights in the association. 4. The two separate units will have two separate legal descriptions and accordingly they will have two separate titles/deeds and will have two separate real estate tax valuations and tax bills. The reason for this is because they are truly two separate legal units. 5. Both units are "stand-alone" separate units. They both have a bathroom, bedroom, kitchen and living area, and they can and will be rented separately. 6. Both future units are well below the 1500 sqft limitation. 7. You seem to have a problem with the 4th floor unit and the 3rd floor unit both exiting into a common hallway (Please note that both of the original units have always exited into this common hallway). This is no different than any side by side unit exiting in an internal common hallway of any other building. Just because the two units may be owned by the same party (which probably exists in many cases) 1 should not make it a violation of the zoning code. This common halk./ has always been there between the units and has always been used as a common area to remove boots and skis. Why should it now be used by you to argue a combined unit when it already exists and will be used the same in the future, as it was historically? It did not create a combined unit in the past, so why should it now? 8. This common hall access in the past and future has always been used to gain quicker access to the ground level, reducing the negativity o f having to walk up four flights of stairs to the upper area of the units. This common hallway is only two flights o f stairs up from the upper entrance to the building off of Galena Street. Both units want to keep this common hallway access to the outside. The third floor unit does not want to have to walk through private bedrooms to exit their unit, and the fourth floor unit wants to continue to have the quicker entrance to enclosed space off of the ground level, and use of this common hall for removing boots and skis. 9. We will also be investing a large sum of money into the Aspen economy with much needed construction work. 10. This project will substantially improve and modernize two separate units, enhancing the rental pool in Aspen, bringing it up to a modern functionality and design. Acx ft> CD C,L. D-â‚¬â‚¬-/AE Ct Atp c-N\06Â¥U, As described above, these units truly do not violate the zoning code. Just because they may be owned initially by the same party, and may at times be used by the same family, does not create a violation. Also, the Fasching Haus East Board and the other owners in the building approved the project, and I think anyone in Aspen would see no negativity in this improvement. If you really look at it, this is all a good project for the Aspen community and tourist industry. We look forward to talking with you, and hope the above is helpful so that you can see that what we are planning is positive and does not violate any Aspen zoning laws. , 2Â»I~Â«..e#714Â»r- Sincerely, 4~439 *<~~Â© 1 Doug Brendamour f<Â·Ml.~) --- On Wed, 5/4/11, Jennifer Phelan <Jennifer.Phelan@ci.aspen.co.us> wrote: From: Jennifer Phelan <Jennifer.Phelan@ci.aspen.co.us> Subject: RE: conference call To: "Andrew Brendamour" <brendamour-abmour@prodigy.net> Date: Wednesday, May 4, 2011, 2:20 PM g-1 Hi Andrew: Friday works. I'm happy to call~513-247-0077 ext. 27~at8:30am (mountain standard time). Kind regards, Jennifer 2 f>De- A-u_ 21 4 5/6/0 39'-20- L , 0 , 2 70-7 li-: 11 11 (vtj ---Â»- ~4.- 5-/' ~ 14.-14. 17'-6 le DEN BEDROOM ;e ~L - 4 4 Y T 1 2, 0 1 Ir= =-32 n ncr- 91 -5 , H- :- 7-: r ~ .- 11 BATH l-711 :mING f.r KITCHEN '13' .A EXISTING E)OSTING |~ic) BATH Jr 4 14Â·-1,~- 15.-13- '~/' 4 BEDROOM $ ' COL:MON , BEDROOM <se ~ HALL .01 =26 11 11 - 1 lrÂ« Il Il 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT ~ FLOOR PLAN SCALE- 1/4- m t'-0* 1049 SO. FOOTAGE ~ _ .TEUM-VON CABINET Pbr- M-'6:Low_,1 -5 45/ 1\ 64 39'-2* f It 1 11 It n 11 M . 1 1 9- y 17-00* , DEN BEDROOM - . C , ' I I ~ | WASH/| DRY ~ * aug- * X 1==-1 -Â£11 LIVING ROOM y oco BE l 4 n I 001 4 - . 9'-4. I 20'-14Â· OIl I m iLa KITCHEN - 11 11 11 .- k H 11 11 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT FLOOR PLAN SCALEÂ· 1/4- . 1'-0 , 1 49 SO FOOTAGE p D E- 21-AoUck er, .1.-, 4, de/Â«ll 1 2 4.k F.1 I *1 tt:**i:+ i'Â·1."~ 30,Â· 7'FfE ': 't?Â·\'1~14;BI'0~Yr,Niâ€¢~'11>,1'1~)19* '*4024FU,(17404 -/91-1. 812.-7... . 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'T~~.~ ,-r.6~ ... .~ *'.; U.,1; P 'le': i 1 , 0 h 1 1 11 lilli 4[ 1 4 * 1 3- 1 . 1 /,i _j.1 11 1. L_.1 --11--- -ipti i 3 ! 1- =:= *wÂ·:I ' 1 ' 1 3~ 2 F :fl L Uji -4., '- 1 1 1 1 liHIZ-[77 r ]' * *u'*-.I L , i[. 1~ -4 ~.7;r~ elle'a *4.22Â·Prlfri 'iff*I_J ! e - * 1' *7 1 Ily'oIl Ill Li--BraTIBM-- - ..118.LHUL.1 / -- 77 1 \1/ F. 1 - 4.- -[ 1 â‚¬ 1.11 Ulle//g/v ... 1 ' 1[1 9*Zil ifjgc._.0 J = ; i. I *.-:.Eitiqi#-~ / 6-6< .1 1,4*4â‚¬kAN* ==UqU L â€ž.0-.n ..Â· - - 4,1%1---6...All.I C...rY=~*.~.--9: ''4:,Liwt...14 -- Â· 11 - Â· , 0 qo=-124--m=Â·,21 Â· - :,9,~me-.1 *I Â·'WIFI -*- (-) CL-- .- Flgly -7~7 .. . Â·Â·Â· 1 , 11 .2. .(h-jj' 1~. 1 eze=r~=t=, . tze =r==a 14 -01 -- 7- I - 44..... ......_j / 11 1 11 ?%,LLL+ 1 ---- 7-'7. . ..FOU.12 T M.Â·I..,F LOO.R. PL A N. * 1 â€¢-~N ailirr ---,4. 9. 11 0 , 1 Ate**A Jf52".;fÂ·12glm- -bu,CIAN,Ffg ' ' r)'.12 G N. ./ l. '. . # 4 4.' ~Gly .4-7./..rit#*.i~'#. 4:1Â¢*36?**f- -, 1, 1 ti:- 7' - .p., ,um44 : t.*~- 4wagu~~11121...{2~. 171'<â€¢~ MÂ·-5 *JAP)* 4 2 &3 12. .... Â· 4 *46- 'i I WN**MIT **ft ./1 Jennifer Phelan From: Jessica Garrow Sent: Thursday, April 28,2011 3.24 PM To: Andrew Brendamour (Brendamour-abmour@prodigy net) CC: Jennifer Phelan Subject: Fausching House Windows Follow Up Flag: Follow up Flag Status: Flagged Hi Andrew - Jennifer Phelan is out of town this week, so she asked me to follow up with you on your request for a Residential Design Standard Variance for non-orthogonal windows. I took the request to our staff meeting today, and staffagreed that the proposal labeled "best look" in your application meets the review criteria, and the variance will be granted. Let me know if you have any questions. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspencommunityvision.com www.aspenpitkin.com 1 Jennifer Phelan From: Andrew Brendamour [Brendamour-abmour@prodigy.net] Sent: Thursday, April 28, 2011 11:17 AM TO: Jennifer Phelan Subject: RE: supplemental information Follow Up Flag: Follow up Flag Status: Completed Thanks. Will you let me know when you have a chance to take a look at the windows? Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Rd. Cincinnati, OH 45242 (513) 247-0077 ext. 31 From: Jennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: Monday, April 25, 2011 4:14 PM To: Andrew Brendamour Subject: RE: supplemental information Hi Andrew: I wanted to let you know about the most pressing items via my email as you have the early May deadline. The intent of my email was to let you know the status of the application and is not a formal notification (signed by the Community Development Director).1 need to walk to the site and take a look at the context and will get back to you shortly on the windows. Kind regards, Jennifer ferbnifer Pheta,n; AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Andrew Brendamour [mailto:Brendamour-abmour@prodigy.net] Sent: Monday, April 25, 2011 11:53 AM To: Jennifer Phelan Subject: RE: supplemental information HI Jennifer, Have you made any decision regarding the windows? I did not see anything about that in your email. Thanks, Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Rd. 1 Cincinnati, OH 45242 (513) 247-0077 ext. 31 From: Jennifer Phelan [mailto:Jennifer.Phelan@ci.aspen.co.us] Sent: Friday, April 22, 2011 6:09 PM To: Andrew Brendamour Subject: supplemental information Hi Andrew: Thank you for the supplemental information that was provided recently with regard to the land use application associated with Fasching Haus East units 440 and 450. I have had a chance to review the material which contained additional information on the rental history of both units, adequate proof of ownership and additional information with regard to your residential design variance request as well as the original application. In reviewing the rental history provided (circa 1989 to the present) our department feels that enough information in the form of rental management documentation and tax information has been submitted to confirm that unit 440 unit has been used "exclusively as tourist accommodations or by non-working residents." Documentation for unit 450 has been provided indicating that it has also been used as tourist accommodations since 2003; however, no information is provided prior to 2003. We'll need additional documentation going further back at least another ten years. I recognize that this will take additional time and effort. On my part I have checked with our finance department to see if there have been lodging tax payments made on behalf of the specific units, but no record was available. I've also reviewed the proposed floor plans of the reconfigured units and need to inform you that our department will not be able to approve the reconfiguration as proposed if additional documentation is provided for unit 450 to meet the exemption requested. The stacked rather than side by side configuration can be permitted; however, there are enough design features in the reconfiguration that essentially combine the units. Specifically the spiral stairwell is not required by the building code for egress and functions to combine the units. Additionally, the new doorway at the beginning of the "common hall" along the circulation corridor of the third floor acts to combine the units. The zone district that the units are located within have a square footage cap that would be exceeded with the combining of the two units. The maximum size cap is 1,500 sq. ft. of net livable area or, with the landing of a Transferable Development Right, 2,000 sq. ft. I realize you have an upcoming closing deadline and wanted to provide this information to you so you have an opportunity to consider how you will proceed. Please feel free to contact me with any questions you may have. Kind regards, Jennifer Je,unifEr Pllelavt, AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com No virus found in this message. Checked by AVG - www.avst.com Version: 10.0.1209 / Virus Database: 1500/3590 - Release Date: 04/22/11 2 A ~~-6.v,LjC -FI-- Dvt 0 .5â‚¬ tz)4 OVL~CS PIXA 64 6,% a*DUUÂ· ASPEN LODGING CO. ID:3039252264 AUG 31'94 16:46 No .bt-1 P tel 23)\\ .. %131 (44 . I. I. I â‚¬ 61 "042 1/ia A-I El.~.2 114,1 250 - 3574. 11 , 1 L I.*.......:l' .... '... I f .. b 7~Â»Â»5Â»2~ OWNER APARTMENT USE - WINTER 1994-95 Please check appropriate bo,les e Apt # 440 . Â¢ Name: 662.11(01/bs- 1. My apartment will be used ONLY for the time periods listed below. Tt. will be available for rental for the remainder of the winter Season, Arrival , Departure Type of Ilousekeeping # of Bedrooms Name , L Di,to , Date # of People Requested + buiug uwd Â¢23/ A/3 l)>L/,46 1 119 - ) 4.3.11 . te <24 k lÂ» U 197 07 7' ~ I kz; . 0 * A 19, A i i 4 ji A // 4 1 H 61 , . .. {( I 4./6, .91 7. U 477 h . 1 0-lf L-- I - :1 -Â£ Hmtiokeeping types: A. , Daily Service - regular daily maid service. B. Towels and trash - daily fresll top#ds and trash removal. only. C. No service - a departure clean only. D. Other - please describe below the type of service you would like. b , 1 . 1 * We will provide daily maid setvice, unless you advise us differently, 2. At this time my plans do NOT include the use of my apartment during thd 1994. 95 winter season and it is available for rental for the entire season. 4 3. I do NOT want my apartment to be available for rental this winter. Â· 747 Galena Street Aspen, Colorado 81011 JO@.925.2260 800.,Ut.7025 Faxi 303,925.2244 Â· , t ASPEN LODGING CO. ID:3039252264 AUG 31'94 16:47 No.011 P.02 08/31/94 16:51:39 Aspen Lodging Co. Truet V7.27 Page 1 Reservations Report For Arrivals Prom 12/01/94 To 04/20/95 For All Complexes Fol/Blk Last Name/Block Arrival Departure Type Nighta Src Dep Rent -d--- ----6.-----0---- -------- -------- -- ---- --- - H440 FASCHING HAUS UNIT # 440 24247 RUBENSTEIN 12/18/94 12/27/94 ST 9 NG Y 3655.00 24453 PARSONS 01/01/95 01/07/95 ST 6 WHI Y 1770.00 23067 PRUDENTIAL 02/04/95 02/11/95 ST 7 GRP Y 2086.00 25276 MANOS 02/11/95 02/18/95 ST 7 TA N 3150.00 23417 MILBY 02/25/95 03/04/95 ST 7 WHO N 3045.00 ------------ Total 36 13706.00 H440S FASCHING HAUS UNIT # 440S 24624 SOUTH BAY 03/04/95 03/11/95 ST 7 GRP N 1414,00 ------------ Total 7 1414.00 H4401 FASCHING HAUS UNIT # 4401 25284 COLETTE 12/07/94 12/11/94 ST 4 GRP N 660Â·00 ---- .....4.-----I---- Total 4 660.00 ---- h.Ah------*---- Grand Total 47 15780.00 5/91/41. litt Â¥ Mari#p - Jlo U.A . O,0 1 i., 1-10*t UAL YUL 1006>t.l:~1 0- .13-,c lAILE M -. . Â«flÂ»Â«Â»h March 1, 1995 RE: Owner Summer Use Dear Owner, Reservation requests for the 1995 summer season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. Please indicate your plans for the 1995 summer season on the attached form and return it to us by APRIL 20TH, 1995. If we do NOT hear from you by then, we will assume that you have no plans to use your apartment and will make it available for rental for the ENTIRE summer. Thank you for your timely response. SincÂ·erely, ASPEN SNOWMASS LODGING COMPANY *22-2 ott Gail Otte Reservations Coordinator Â· 747 Galena Street Aspen, Colorado 81611 303.925.2260 800.321.7025 Fax: 303.925.2264Â· 7pvp n -~M m,~<mid,6--~A 61.,IL -, - ~ 'FT)- d---7FU377fli OWNER APARTMENT USE - SUMMER 1995 Please check appropriate boxes Am # 440 Name: A an ullat 1. Mv apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder of the summer season. Arrival Departure Type of Housekeeping # of Bedrooms Name Date Date # of People Requested * being used Â»i,4,100.49_ Ploce 0*- lj,017 Uita -546.- AAÂ©kid-- 9,90, kblyl> 41.7- Â·:24)_2-, 41)1( % 44.*<. c / Housekeeping types: A. Daily Service - regular daily maid service. B. Towels and trash - daily fresh towels and trash removal only. (~) No service - a departure clean only. D. Other - please describe below the type of service you wouid like. * We will provide daily maid service, unless you advise us differently. 2. At this time my plans do NOT include the use of my apartment during the 1995 summer season and it is available for rental for the entire season. 3. I do NOT want mv apartment to be available for rental this summer. 1 .. May 1, 1995 RE: Owner Winter Use Christmas 1995 Winter 1995-96 Dear Owner, Reservation requests for the 1995-96 winter season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. The enclosed form has space on it for you to indicate your plans for use of your apartment during the Christmas/New Years holiday and also during the entire ski season. Please complete the form and return it by JULY 1ST, 1995. If we do NOT hear from you by then, we will assume that you have no plans to use your apartment and will make it AVAILABLE for rental for the ENTIRE winter season. Thank you for your timely response. Sincerely, MA , X14# 0 '01 5 Gail Otte Reservations Coordinator encl. Â· 747 Galena Street Aspen, Colorado 81611 303.925.2260 800.321.7025 Fax: 303.925.2264 Â· Â·Vt/- D 14 Â«44Â«Â» OWNER APARTMENT USE - WINTER 1995-96 PLEASE CHECK THE APPROPRIATE BCXES Apt # I lu Namer (b/AA; :U~--i/~.5 2-1. My apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder ofthe winter season. Arrival Departure Type of Housekeeping # of Bedrooms Name Date Date # of People Requested * being used /.44*4~074+ /447 /217 . a /l' C. 4., 4 C /2 4.-7 j k:-11 4 L L. 9 12 . f 11 7 4 'ti Pub 41~41 1 ~4 71 9 2 HOUSEKEEPING TYPES: A. Daily Service - regular daily mid service. B. Towels, Trash and make Beds- daily fresh towels, trash removal and make beds only. C. No Service - a departure clean only. D. Other- please describe below the type of service you would like. * WE WILL PROVIDE DAILY MAID SERVICE, UNLESS YOU ADVISE US DIFFERENTLY. 2. At this time my plans do NOT include the use ofmy apartment during the 1995- 96 winter season and it is available for rental for the entire season. 3. I do NOT want my apartment to be available for rental this winter. 747 Galena Street Aspen. Colorado 81611 303.925.2260 800.321.7025 Fax: 303.923.2264 ffi qyt:6*OriziE; .-3/ d \ i C *17(_ 176 926- 394 q OWNER APARTMENT USE -WINTER 1996-97 PLEASE CHECK THE APPROPRIATE BOXES Apt # , 9/440 Namei (7 A Af U U /9 5 I~ 1. My apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder of the winter season. Arrival Departure Type of Housekeeping # ofBedrooms Name Date Date # of People Requestet* 97 being used Glkkil-,Al 14] ift)9.4-44'llip/4, L -50 \~ '\ 0 lkâ‚¬t-f__2 . 4 1 , 11 1 A & 6 + 6 2 +22- J /1Â£2.Â«4 - //4/97 E (=> C C Ct ,-2> C.~,Â»iPL j V 0 4 j AdliAL, 1) 115197 ,_g-i/m- 0, a HOUSEKEEPING TYPES: A. Daily Service - regular daily maid service. B. Towels, Trash and make Beds- daily fresh towels, trash removal and make beds only. Ne Service - c departure clean only. Other- please describe below the type of service you would like. * WE WILL PROVIDE DAILY MAID SERVICE, UNLESS YOU ADVISE US DIFFERENTLY. 2. At this time my plans do NOT include the use of my apartment during the 1996- 97 winter season and it is available for rental for the entire season. 3. I do NOT want my apartment to be available for rental this winter. 'E'..3..g. -/.*.- *Il ..*. 66., -A.45 b:'60'igN 2,4 d,to ir Â¥%7-=~K==7 4----1---2 C- C D ') r I LD K N 1997 By: ATTENTION OWNERS!! --- ---12 YOUR OWNER USE IS REQUESTED AS SOON AS POSSIBLE. Please find the enclosed Owner Use Form for the Summer and Winter seasons. We ask that the summer form to be returned back to us by April 15th and the winter form to be returned to us by June 1st. The requests for this summer and next winter are already coming in strong and it will be easier to confirm reservations when we know what units we have available to rent. If you do not know your exact dates at this time, but you know what days or months you will NOT be using your unit, please provide us with this information. We can always "block" your unit for times that you are unclear about, but you will need to remember to release the space once you know your exact dates. Please give reservations a call ifyou have any questions, Thank you for your time and attention in this matter. Sincerely, ASPEN LODGING COMPANY l.Â«ac-Ii L Â« - Marty Ryan Reservations Manager (2/17/97) Â· 747 Soutli Galetia Street Aspen. Colorado 8161 1 970.925.2260 SOO.321.7025 Fax: 970.925.2264 Â· http:/Annv.aspenonline.com/aspenlodgingco E.mall: lodging@csn.net - -79*=--7 --32- I JUN 1 8 1997 lay:Â· OWNER CONDOMINIUM USE - SUMMER 1997 PLEASE RETURN THIS FORM OR CONTACT THE RESERVATIONS DEPARTMENT BY APRIL 15TH. Apt # 14 Uqu Name: 4/ RA/64 C L /9 6 My apartment will be occuppied during the time periods listed below for my owner and guest use, (Please fill this space in whether your unit is ON or OFF the rental market). Arrival Departure Type of Housekeeping # of Bedrooms Name Date Date # of People Requested * being used Â»666- /42 HOUSEKEEPING TYPES: N. No Service - a departure clean only. B. Towels, Trash and make Beds - daily fresh towels, trash removal and make beds only. D. Daily Service - regular daily maid service. 0. Other- *We will provide Daily Maid Service, unless you advise us differently. Please indicate below which statement applies to your condominium: F~ 1. My apartment igyail@le.to btON.the rental market for the entire summer season. ff)(flefic 1%.-(>4> /97 2. My apartment id'OFF the rentaf market for the entire summer season. Â· 747 South Galena Street Aspen, Colorado 81611 970.925.2260 800.321.7025 Fax: 970.925.2264 Â· http:#www.aspenotiline.coiWaspenlodgingco E-mail: lodging@cs!1.net b. z., , 0 mazr .7 --â€¢ *1'' *714'*S *2,43~ /Â»\- bgia-Jetr /2-73Â» lâ‚¬.4 6 1997 OWNER CONDOMINIUM USE - WINTER 1997-98 PLEASE RETURN TH!S FORM OR CONTACT THE RESERVATIONS DEPARTMENT BY JUNE 1ST. Apl # 144 Ll/1 Name: A//97\UaL//955 My apartment will be occuppied during the time periods listed below for my owner and guest use. (Please fill this space in whether your unit is ON or OFF the rental market). Arrival Departure Type of Housekeeping # of Bedrooms Name Date Date # of People Requested * being used 6Â»l.64Â» b,0Â£7 /AL& /212-. t 1 ../1 /, -1 411 93*e -06Â·5*f 41 9/7 6/ 4..~996:+ 5%i.:bilifiris.dis' 49 19<- lJ ~97- 12-Â·llÂ¢je U 7 0 01~t.- C~- 7 HOUSEKEEPING TYPES: N. No Service - a departure clean oniy B. Towels, Trash and make Beds - daily fresh towels, trash removal and make beds only. D. Daily Service - regular daily maid service. 0. Other - * We will provide Daily Maid Service, unless you advise us differently. Please indicate below which statement applies to your condominium: 1. My apartment is available to be ON the rental market for the entire winter season. 2. My apartment is OFF the rental market for the entire winter season. Â· 747 South Galena Street Aspen, Colorado 81611 970.925.2260 SOO.321.7025 Fax: 970.925.2264 Â· http:/Mvw.aspenonline.conVaspenlodeineco E-mail: lodeine@csn.net 4.4 4% 41<$4-.Vt- vnÂ« 1 0-be_ 1>4- OVG*1 .PHM /34-A.~03 99-1.6,4 731~ \ ~4 FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 May 15, 1989 542 cd. AlÂ£12.V Kg (fv Jim & Marilyn Gianulius 4<kr 77-g,9 1105 Quail St. fiaÂ«- tz Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus #440 Dear Mr. & Mrs. Gianulius, Per your conversation with Sheryl, we are now holding the dates listed below for Darrell Hoover's use. Arr: 6/30/89 Dep: 7/05/89 We will continue to leave your apartment off the rental market for the summer season. Please let is know if you have any changes or additions. Sincerely, 6 -1.Â·ELÂ· /42.4 l.<gy..Q_1/ Lyn ,hehasil Reservations Supervisor FASCHING HAUS CONDOMINIUI\AS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 May 26, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus #440 Dear Mr. Gianulias, Thank you for sending us your summer owner use schedule. We have reserved the unit for your use as follows: Arr: 06/23/89 Dep: 06/28/89 Arr: 06/29/89 Dep: 07/05/89 Hoover '* Arr: 07/20/89 -Dâ‚¬*0 07123-189-' ""~-" Arr: 10/05/89 Dep: 10/08/89 On all other dates this summer, we are offering the unit for short term rental . If we can do anything else for you,' glease don't hesitate to give us a call. Sincerely, 62/4 L Vicki Chavka Reservations .. , FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 June 27, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus #440 Dear Mr. Gianulias, After speaking with you and your wife today in the office, I have added the dates of August 25 through.September 4 to your owner summer use. We have the dates blocked below for your summer use. ARR: 6/29/89 DEP: 7/05/89 Hoover ARR: 7/20/89 DEP: 7/23/89 ARR: 8/25/89 DEP: 9/04/89 ARR: 10/05/89 DEP: 10/08/89 We will continue to leave your unit on the summer market for all remaining dates, If there is anything else we can do for you, please doÂ·not hesitate to call. Sir\Cate*, ~ 441Â£0â€ž K94-ly Wallace Reservations FASCHING HAUS CONDOMIN 1111\ A 0 at the ba 747 South Galena Street ' Aspen, Colorado 81611 74 -7.47 (303) 925-5900 f -I /1 July 12, 1989 2,3 1Â¢93 Darrell Hoover 17821 Mitchel Irvine, CA 92714 1113. Owria Winica' Use Fasching Haus #440 Dear Mr. Hoover, Per your conversation with Carol in our office, we are now holding the dates as shown below for your use. Arr: 11/22/89 Dep: 11/27/89 Arr: 12/20 or 21/89 Dep: 12/27/89 (originally booked as 12/20-please advise) Arr: 12/27/89 Dep: 1/03/90 - Gianulias Arr: 1/18/90 Dep: 1/22/90 Arr: 4/11/90 Dep: 4/16/90 We still have you on a wait list for an additional unit from Dec. 27 to Jan. 3, 1990- We will continue to leave all other dates on the rental market for the winter ski season. If there is anything else that we can do for you, please let us kilow . Sincerely, ~4Zit &(E Gail Otte Reservations Manager CC: Jim Gianulias ~ Condominium Rental Management Inc. 747 South Galena Streel MonogIng Agent tor â€¢ FoschIng How . FIMh Avenue - Aspen, Colorado 81611 Â· Alpenbilck , TIpple Inn (303) 925-2260 Â· Duiont , Iipple lodge Telex No 5106000914 . Aspen Min OWNER APARTMENT USE - WINTER 1989.90 Please check appropriate boxes Â®L # 4 40 Name:Fff/Â»1 6 /,4- 3 0 6- /,4- C (please print) 1. I am planning to use my apartment only for the time periods listed below. It will be available for rental for the re- mainder of the winter season. Name Arrival Date Departure Date 6, 1 4/00 L l riG 6 )23 L j 7_6 .)1,03) 9 en l>k 1719 49 2Â£ *3 6 ul, +e C 7 )7-9 4 l Â»>-d 0 6- /Â» )0/9 1(Â©/ 6 4 1 4-Â·,00 U #4-9 .14.42 -7 4,Â»)470 2. At this time my plans do NOT inclu06 the use of my apgriment / during the 1989-90 winter season ahd it is available for rental for the entire season. 3. I do NOT want my apartment to be available for rental this winter. t 4 4--EL l2- 1- 2 ki- t yÂ©-13 --1--t=frE> > IEL 9 A-'T a Â»C , 1 ) 9 Fil- 0 A t c_Ar 0 L.Â«L 4- 3,Â« G-L<Â¥L R 4-- \0& i vj 7-4 --~_~r-E--- , P. 0. Box 2990 Newport Beach, California 92658 August 2, 1989 Ms. Gail Otte Reservations Manager Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado 81611 Re: Owner Use Fasching Haus #440 Dear Gail: Please reserve #440 for our use on the following dates: Arrival July 1, 1990 .-Departure July 8, 1990 ~<Very trulj yours, <. C.~ Gianulias JCG/jw ~~M GANIUUAO /. a.. ~ FASCHING HAUS CONDOMINIUMS 4 at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 August 23, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #440 Dear Mr. Gianulias, Per my conversation with your wife, we are holding the dates as shown / below for your use this coming winter. Arr: 11/22/89 Dep: 11/27/89 Hoover Arr: 12/27/89 Dep: 1/03/90 Gianulias Arr: 1/27/90 Dep: 1/31/90 Gianulias We will continue to leave all other dates on the winter rental market, unless we hear otherwise from you. We hope that you are having a pleasant Summeri Sincerely, _24*Lk (IOLE Gail Otte Reservations Manager CC: Darrell Hoover ' ~ FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen, Colorado 81611 (303) 925-5900 October 28, 1989 Darrell Hoover Hoover Financial Group, Inc. 17821 Mitchell Irvine, CA 92714 RE: Owner Winter Use Fasching Haus #440 Dear Mr. Hoover, Per Carol's conversation with Joyce, we have cancelled your November 22-27 usage dates. We are still holding the dates as shown below. Arr: 12/27/89 Dep: 1/03/90 Gianulias Arr: 1/27/90 Dep: 1/31/90 Gianulias We will continue to leave all other dates on the rental market, unless we hear from you otherwise. We look forward to seeing you over the Holidays! Sincerely, Gail Otte Reservations Manager CC: Jim Gianulias ~ FASCHNG HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 February 16, 1990 RECEIVED FEB 2 3 1990 Darrell Hoover Hoover Financial Group 4340 Von Karman Ave., Ste. 150 Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #450 Dear Mr. Hoover, Per our conversation last week, we are holding the following dates for your owner use. ARR: 03/31/90 DEP: 04/03/90 ARR: 04/11/90 DEP: 04/16/90 We are also holding Fasching Haus #440 for the same dates for your use. Being that you are an owner, we will not require our normal deposit. However, should you cancel, the cancellation policies will still apply. (please see attached). Sincerely, d 0.61Â£L til 1 t,\ n- Maribeth Mackinnon Reservations cc:Gianuliasv~ encl. FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 March 1, 1990 RE: Owner Summer Use Dear Owner, Reservation requests for tne 1990 summer season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. Please indicate your plans for the 1990 summer season on the attach- ed form and return it to us by APRIL 15, 1990. If we do not hear from you by then, we will assume that you have no plans to use your apartment and will make it available for rentals for the entire summer. Thank you for your timely response. SinÂ°frfly, ti Of_~ Lee L. Miller General Manager LLM:go encl. F , 1.1 Â¥ f i - t, Condominium Rental Management Inc. 747 South Galena Street Monoging Agent for Aspen, Colorado 81611 , FoschIng Hous , FIfth Avenue Â· Alper,blick . lipple Inn [303) 925-2260 Â· Duronl . Tipple lodge Telex No 5106000914 Â· Aspen Min. OWNER APARTMENT USE - SUMMER 1990 Please check appropriate boxes Apt. # dVO Name: 46 % AM 0 u / A-s ,(please print) 1. Will you let us rent your condominiuin at a monthly rate thi:3 summer (approximately June 1 to September li with uninterrupted use? Yes No < -2. I am planning to use my apartment only for the time periods listed below. It will be available for rental for the remainder of the summer season. Name Arrival Date Departure Date '?er 8-uj % s ,%9 le{Ier 44.7,=D*=426 1 \ h tu& - â€žÂ·74:ki / , Aâ‚¬.21- Â£>.c,L & .-.11/123 97&4 39 9 0 . 06 00 ~--~~ 3. At this time my plans do NOT include the use of my apart- ment during the 1990 summer season and it is available for rental for the entire season. ~--~ 4. I do NOT want my apartment to be available for rental this summer. FASCHING HAUS CONDOMINIUMS ~ Aspen, Colorado 81611 at the base of Aspen Mountain 747 South Galena Street (303) 925-5900 p â€¢non May 1, 1990 . 7. 9.1 - 1 9./- 1n Y'\14$ RECENL RE: Owner Use Christmas 1990 Winter 1990-01 Dear Owner, Requests for reservations during the 1990-91 ski season are already coming in; however, before confirming a reservation in your apartment we want to be sure that it is available for you and your family or' friends for your' preferred dates. The enclosed form has space on it for you to indicate your plans for use of your apartment during the Christmas/New Years holiday and also during the entire ski season. Please complete the form and return it by JULY 1st. If we do not hear from you by July 1st, we will take youripartment OFF of the winter rental market until we do hear from you. Thank you for your prompt reply. Please give us a call if you have any questions. Sincerely, Gail Otte Reservations Manager Encl. Condominium Rental Management Inc. 747 South Galena Street Monoging Agenlfor Aspen, Colorado 81611 . Fasching Hous , Fitth Avenue Â· Aipenblick Â· Tippie Inn (303) 925-2260 â€¢ Durant Â· Tippie lodge Telex No 5106000914 â€¢ Aspen Mtn OWNER APARTMENT USE - WINTER 1990-91 Please check appropriate boxes Apt. # LP.to Name: (please print) ~ 1. I am planning to use my apartment only for the time periods -- listed below. It will be available for rental for the re- mainder of the winter season. Name Arrival Date Departure Date Hoover Â£ 1~ 29 l 1 o 4 1 1 9 '~---~ 2. At this time my plans do NOT include the use of my apartment during the 1990-91 winter season and it is available for rental for the entire season. 3. I do NOT want my apartment to be available for rental this winter. rASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain '47 South Galena Street \spen, Colorado 81611 303) 925-5900 June 13, 1990 Jim & Marilyn Gianulias 1105 Quail St. Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus #440 Dear Mr. Gianulias, Per my conversation with Tom Sharkey this afternoon, we are now holding the dates listed below for your use. ARRIVAL DEPARTURE 06/28/90 07/01/90 07/31/90 Off Market until further notice Our records show that the last correspondance with you was on May 3, 1990 (see attached). We have not heard anything from you to dispute this correspondance. As you know every time you contact us in regards to owner usage we immediately reconfirm the conversation with a letter. Again, our last conversation with you was on May 3rd. We have not spoken with your secretary, as Tom Sharkey indicated. We at Condominium Management pride ourselves on being as accurate as possible and apologize for any misunderstanding regarding this matter. If you have any changes or additions, please do not hesitate to contact US. Sincerely, Lyn Nehasil Front Office Manager 1//Rillill- r -4 : FASCHIpG HAUS CQNDOMINIUMS :, at the base of Aspen Mountain r Â·' ..1 40747 South Galena Street 7 1 U'/5.7.Aspen, Colorad081611 0 1:. - 11 8.=.... . sÂ·Â·*=Er= ' a.(303) 925-5900 0/1 r ' ciotÂ© c . 00*fav May 3,4 1990 f .t/aj~-ft- truy 61% iP i Mr. & Mrs. Gianulias 1105 Quail Street 1\ Newport beach, CA 92660 / RE:.7 Owl,t Summer Use ' ., .4/ Ea6ching Haus #440 Dear Mr. Gianulias, / ItÂ· Â·'Â·Â·': / Â· 4. -'. f Per my conversation with you tl~,k~'morning, we are holding the following dates for your owner summer ye. We will leave your unit op/the market from now until June 15. We will / 0Â·Â· take your unit off the pÂ£(rket from June 15 until July 2. It will be .. back on the rental maylâ‚¬et July 2 until July 31 and off the rental market -Â·. 'Â· I again for- all of A~04st. i '.3 Should there be/any changes or additions, please do not hesitate to call.. ~' Sinceryfy, -. - -* -,h -Â«.LT< k. 4 7/ E-46'4 Maribeth Mackinnon ..., ...:p:Â· -I/%,um/*2#IL .. -:.~ )~ -7-Cl--0- ~1- -~ i.t-in 7 Â· Reservations =lilli 1, . AMA//Mut. 1.-;.;........: ........: 1-':... .1 .:2,1â€žÂ·2Â· 4 141*i--4- -~f--1-~-i ~i~-1. ..0.02#2=S- P. 0. Box 2990 Newport Beach, California 92658 July 27, 1990 Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado Attention: Gail Otte Reservations Manager Re: Owner use Fasching Haus #440 Dear Gail: Please be advised that I never did receive the form that we were to fill out the dates that we would be using our unit, but we heard through the grapevine that they had been sent. These are the dates that we will be using the unit: Arr: Wednesday, December 26, 1990 Dep: Tuesday, January 1, 1991 Arr: February 2, 1991 Dep: February 9, 1991 Arr: March 6, 1991 Dep: March 10, 1991 Arr: March 22, 1991 Dep: March 31, 1991 Tentatively hold this date: December 6, 1990 and not December 9, 1990 Very truly yours, James C. Gianulias JCG/jw FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen. Colorado 81611 (303) 925-5900 December 17, 1990 Mr. & Mrs. Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #440 Dear Mr. & Mrs. Gianulias, Per my conversation with Mrs. Gianulias, we show your owner usage dates below: Arr: 12/26/90 Dep: 1/02/91 Arr: 1/02/91 Dep: 1/05/91 Hoover Rm #342 Arr: 2/20/91 Dep: 2/24/91 Arr: 3/06/91 Dep: 3/10/91 Arr: 3/22/91 Dep: 3/31/91 We show ALL other dates ON the rental market. We understand that you will be arriving early in the morning of December 27th and we look forward to seeing you then! Sincerely, ~,428: ORE- Gail Otte Reservations Manager ty=4~*.. P. 0. Box 2990 Nepwort Beach, CA 92658 January 16, 1991 Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado 81611 Attention: Carol Re: Owner Winter Use Fasching Haus #440 Dear Carol: The dates of February 20 - February 24 and March 6 through March 10th are available. We obviously will not be there and you have our permission to go ahead,And rent it during this time. ~-y tru* Lours, 147 41_-1 . Gianulias . C FASCHING HAUS CONDOMINIUMS at the base of Aspel) Mopr\.A%3 747 South Galena Street Aspen, Colorado 81611 T#t;- OD.f.,7:.FÂ£11ED F rb + w (303) 925-5900 Jaunuary 23, 1991 Mr. and Mrs. Jim Gianulias 1105 QuA~ Street Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #440 Dear Mr. & Mrs. Gianulias, Per my recent conversation with Jacklyn, at your offices, we have made the appropriate additions for your guests' use. These changes are listed below, along with the rest of your winter use. Arr: 02/20/91 Dep: 02/24/91 - Laird Arr: 03/22/91 Dep: 03/31/91 - Gianulias We will continue to leave your apartment on the rental market for the remainder of the winter season, unless we hear from you otherwise. Should you have any changes or additions, please do not hesitate to call our office. Sincerely, 10241 Eileen Hughds Reservations Ac~21:'.5-&. Condominium Rental Management Inc. 747 South Galena Street Managing Agent lor Aspen, Colorodo 81611 Â· Fasching Hous Â· Fifth Avenue (303) 925-2260 . Alpenblick â€¢ TIpple Inn Â· Duront â€¢ TIpple Lodge FAX (303] 925-2264 Â· Aspen MIn. OWNER APARTMENT USE - WINTER 1991-92 Please check appropriate boxes Apt. # 440 blame: (please print) E--1 1. I am planning to uee my apartment only for the time periods listed below. It will. be ave.ilable for rental ror the re- mainder of' the winter season, Name Arrival Date Departure Date - K , 4 . /9--,uÂ· 25-r- De r 12-9 1 p- A fla,Â«{i g ./97.2_ li]14'te/i- 2/ T-193 2% - /\AA+24 8 E--1 2. At thin time my plans do NOT include the use of my apartinent cluring the 1991-92 winter season and it is availaole for rental Cop l.he entire season. 3. I do NOT want my apartment to bc available for ret; 2.31 this wint,er. FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303) 925-5900 March 1, 1992 RE: Owne: c Summer lise Dear Owner, Reserva cion requests for the 5.392 sumirer season are already coming in Before confirming a reservation, we want to be sure that vcur apart- ment will be available for you and your guests when you want to use it. Please indicate your p.lans for tr'le 1992 slitwrer season or: the attached form and return it to us by APRIL 15, 1992. If we do NOT hear from you by i.hen, we will assu,De lhat*-561.1 bave !-10 plans to use your apart- ment and will make it available for rental tor the entire sumner. Thank you for your timely response. Sincereli-, 61 4 : 8 714.4 -Â·r Gail Otte Reservations Manager encl. @-011{llb~4 6 Doleco 113 11- 2.22 -b LJ r./ 397.5 % 11 LE*iÂ·r,Â·. '" .-Â·*t:1 Â·i 3.f~.4 3.,f.-4 Condominium Rental Management Inc. 747 South Gatena Streel MonogIng Agent for Aspen, Colorado 81611 Â· FaschIng ktoll5 Â· Fifth Avenue - (303) 925-2260 . Alpenbilck â€¢ Tippte Inn Â· Durant Â·Apple lodge FAX (303) 925-2264 Â· Aspen Min OWNER APARTMENT USE - SUMMER 1992 Please check appropriate boxes Apt. # 440 Nave. 40 i /4--/0 3 2% 640. 6 1 1. 75]1 rup let its rent orel,t' 1~Â·.-Â·itÂ·-1,4, ti.J nium :lt 2 mÂ·Jit:hly r '303 thi's sumner (approximately June 1 to September 1) with uninterrupled ilse? Yes ~'' 140 E-1 2. I am planning no use my apartment only for the 1-,i me periods listed below. It will be available for rental for the remainder of the summer season. Name Arrival Date Departure Date 61~1131-469 '2/7/97 - 0-1"IkÂ« [23 3. At this time my plans do NOT include the use of my apart- ment during the 1992 summer season and it is available for rÂ·ental for the entire stimnierÂ· season. i , 4. 1.do NOT warit n.y ap.r.rÂ·tornc to be. available for rental this summer. Condominium Rental Management Inc. 747 South Galena Street Monoging Agent lof Aspen. Colorado 81611 . Fasching Hou5 Â· Fifth Avenue (303} 925-2260 . Alpenbtick , Tipple Inn ' Durant Â· Tipple Lodge FAX [303) 925-2264 Â· Aspen Mtn. Golena Place OWNER APARTMENT USE - SlJMMER 1993 Please check appropriate boxes Apt. # 4 40 Name: 6/anult'ds- ~-1 1 + Will you let us rent your condominium at a monthly rate this summer (approximately June 1 to September 1) with uninterrupted use? Yes No ~4 2. I am planning to use my apartment only for the time periods listed below. It will be available for rental for the remainder of the summer season. Name Arrival Date Departure Date A. (2 j a.n uyr a 7k> (8 03-15% ~--1 3. At this time my plans do NOT include the use of my apart- ' ment during the 1993 summer season and it is available for rental for the entire summer season. E-1 4. I do NOT want my apartment to be available for rental this summer. APR 14 CITY OF ASPEN COMMUNITY DEVEL OPMENT Response to Land Use Application Determination of Completeness For Renovation and Reconfiguration of Fasching Haus East Condo Unit #340/440 and Condo Unit #350/450 4/12/2011 Index f 0: Nt Â¢ r -~ - Â· - 1-E ,- 1.-1 - 4 /#1- a Index 1. Cover Letter to Jenni fer Phelan 2. "Land Use Application Determination of Completeness" Dated March 31,2011 3. Request #1 "Appropriate Disclosure of Ownership" Proforma Title report and Alta Commitment for title 4. Rental Agreement and Rental Activity Records for Unit 350/450 5. Rental Agreement and Rental Activity Records for Unit 340/440 6. Request #3 written response to review criteria 7. Proposed Window System 8. Window systems that meet residential design standards 9. Building Plan showing non-orthogonal elements 1 1 - 1 '1 lip 1 1 j 1 1 -1111 Jennifer Phelan RECEIVED 1 COMMUNITY DEVELOPMENT Deputy Director APR 1 4 2011 City of Aspen Community Development Dept. 130 South Galena Street Aspen, CO 81611-1975 CITY OF ASPEN RE: Additional Information in Response to Land Use Application Determination of Completeness Dated March 31, 2011 Dear Jennifer, Enclosed please find the following additional information that you requested. Request 1: "Appropriate Disclosure of Ownership" Additional Information: Enclosed please find a Proforma Title report dated April 6,2011 for Unit 350/450 and the Alta Commitment for Title Insurance dated February 15, 2011 for Unit 340/440. Request 2: "Proof of Rental History" Response: Enclosed please find copies of the Short Term Rental agreements for both units and rental activity records. Based on your conversation with Doug Nehasil, he is also obtaining for you additional affidavits. This building is historically known in the community as always being a short term tourist rental property with a rental office right on site. Request 3: "Written response to review criteria for variance from residential design standards" Response: Attached is our response to the review criteria. Please let me know if you have any further questions. We have a contingency date of May 2nd on this project, so please set it up for approval so I will know the City of Aspens position on the requested items prior to that date. Thank you very much for your understanding. We love Aspen and want to invest further in this community and create two units that will best meet the needs of our growing and aging family. The lower unit can allow my kids families to enjoy the privacy of their own unit with a separate kitchen and living area when they visit us. The upstairs unit is designed to provide a better floor plan for everyday living for me and my wife now that we are getting older and want to spend more time in Aspen in the winter and summer. When my family is not visiting us, we will be able to rent out the lower unit on a short term tourist basis. We appreciate your full consideration and ruling on the applications. Sincerely, Doug Brendamour, Grantor 1 1 1 f 11, Â·) i % THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 31, 2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0019.2011.ASLU - 747 S. Galena Street (Faschinwr House). 74Your Land Use Application is incomplete: ~ We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Appropriate Disclosure of Ownership, consisting of a current title certificate from a title insurance company, or attorney licensed to practice in Colorado, listing all names of all owners of the property, and all mortgages, judgments, liens, easements, contacts and agreements affecting the property. A deed for condominium unit 350 does not meet the minimum requirement. The title provided for condominium unit 340 does not provide all schedules and disclosures. 2) Proof of rental history. Additional proof is required to substantiate the claim that these two units have solely been used as tourist accommodations. Occupancy records, leases and additional affidavits should be submitted. 3) Written responses to the review criteria for variances from the residential design standards (section 26.410,020 D.1). Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above. have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Other submission items may be requested throughout the review process all deemed necessary by the Community Development Department. Pldase contact me at 429-2759 if yoll,have any questions. Thank You, Jennifer Phemn, DepuEYDirector City of Aspen, Community Development Department [.1 i --1 Igul 1 1141 -%41 Eli 1 1 11 3 1 1 & j ALTA Commitment For Title Insurance 1 & VVESTCOR LAND ATLE *MS 4 i: RANC.*t COM PA:*1 1 AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3.) FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis - (tjd@sopris.net) Tom Twitchell - (tomt@sopris.net) Joy Higens - Ooy@sopris.net) L_ Brandi Jepson - (brandi@sopris.net) - Closing & Title Assistance Issued By WESTCOR LA;.3 TITLE INSURANCE COMPANY Home Office: 201 N. New York Avenue, Suite 200 Winter Park, FL 32789 Telephone (407) 629-5842 r\Â»--- WESTCOR LAND TITLE !NSURANCE COMPANY ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the 7 Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby 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 Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity ofthe Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto ajfixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY .*Â·11~4.f d.Â£.ik.....JY M #<0Â£'-Lf:â€ž/ r Secretary Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed oftrust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires 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. Ifthe Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or 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 ofthese Conditions and Stipulations. 3. Liability 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 Stipulations 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 ofthis 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 ofthe status ofthe 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 $2,000,000.00 or less shall be arbitrated atthe optionofeitherthe Company orthe Insured as theexclusive remedy ofthe parties. You may review a copy of the arbitration rules at http://www.alta. org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 15, 2011 at 8:00 AM Case No. PCT23101W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 870,000.00 Premium$ 1,933.00 Proposed Insured: Rate: Standard DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JIM GIANULIAS 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 340, FASCHING HAUS EAST, A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794 and amended by instrument recorded March 17,1975 in Book 297 at Page 142. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1, The following documents should be obtained and recorded from the Estate of JAMES C. GIANULIAS, debtor, in Case No. 8:08-bk-13150, in the United States Bankruptcy Court for the Central District of California: (a) Certified copy approved by the Company of the Order of Court avoiding those liens described as follows: (1) Deed of Trust from : JAMES GIANULIAS to the Public Trustee of the County of PITKIN for the use of : WELLS FRAGO HOME MORTGAGE, INC. original amount $350,000.00 dated February 5,2003 recorded February 19, 2003 reception no. : 478890 (2) Mortgage Deed from : JAMES CHRIS GIANULIAS, TRUSTEE OF THE JAMES CHRIS GIANULIAS TRUST DATED OCTOBER 14, 2003 for the use of : GUS GIANULIAS, TRUSTEE OF THE GUS C. AND JULIE M. GIANULIAS FAMILY REVOCABLE TRUST ESTABLISHED JANUARY 20,1983 AND ALL AMENDMENTS THERETO original amount : $700,000.00 dated December 6,2007 recorded January 24,2008 reception no. : 546068 (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 2. The following documents should be obtained and recorded from the Estate of JAMES C. GIANULIAS, debtor, in Case No. 8:08-bk-13150, in the United States Bankruptcy Court for the Central District of California: (a) Proceedings, to be approved by the Company, resulting in the sale of subject land by the debtor in possession in the Case, to the grantee named below. (b) Certified copy of Order of Court authorizing the sale of subject land by the debtor in possession OR Order of Abandonment in the Case, to DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, upon the terms stated in the Order, and expiration of any applicable stay of said Order. (c) Deed from JIM GIANULIAS, debtor in possession in bankruptcy, conveying subject land to DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, as grantee, pursuant to the above. (d) Expiration of 10 day stay of the above required order. 3. Delivery to the Company of an executed copy of the Trust Agreement for DOUGLAS P. BENDAMOUR CHILDREN'S TRUST for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 4. Duly executed Statement of Authority for DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of FASCHING HAUS CONDOMINIUM ASSOCIATION certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 6. Duly acknowledged certificate of the Managing Agent or Board of Directors of FASCHING HAUS CONDOMINIUM ASSOCIATION certifying that proper notice of sale of the subject property was given and that the remaining owners of said Association did not elect to exercise their option to purchase pursuant to the Right of First Refusal as set forth in the CONDOMINIUM DECLARATION. - 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following 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, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7, Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record in Book 175 at Page 202. 8. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin as contained in instrument recorded April 13, 1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29, 1965 in Book 211 at Page 344 and Amended Declaration of Protective Covenants and Time-Sharing Agreement, recorded March 17, 1975 in Book 297 at Page 142. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. All matters set forth in Articles of Incorporation and By-Laws as evidenced by Consent of By-Laws recorded in Book 320 at Page 977. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 26,1969 in Plat Book 4 at Page 5. 12. Terms, conditions, provisions and obligations as set forth in Letter of Understanding recorded January 18, 1996 as Reception No. 389215. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389216. 14. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389217. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions and obligations as set forth in Rules and Regulations recorded January 15,1998 as Reception No. 412615. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23101W SELLER: JIM GIANULIAS BUYER: DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is $50.00 The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of 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 County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a) 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 owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. -- * I . ~ A.MERIC-AN !,AND 717'1.E ~ ASSOCIATION COMMITMENT 647-06 'l M 156 FCâ‚¬)It LAND TITLE ~1 INSURANCE (JOMI>ANY : COMMITMENT 1: .Illfi.,E ]N:541.jRAN(':E HOME OFFICE 201 -N. New York A-.Â· ir:< Suite 200 Y ' - t .F'. b .52;Ap . 4.- 4,49 1 *,2.4-5842 - PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23101W/DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST 1 F PROFORMA TITLE REPORT SCHEDULE A -- 1. Effective Date: April 6,2011 at 8:00 AM Case No. PCT23152P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: - DOUGLAS P. BRENDAMOUR CHILDRENS TRUST 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 350, FASCHING HAUS EAST, A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794. PITKIN COUNTY TITLE, INC- 601 E. HOPKINS, ASPEN, CO. 81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: -73599Â»:4*Â«n SCHEDULE B - SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record. 8. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin as contained in instrument recorded April 13,1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29,1965 in Book 211 at Page 344. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 26, 1969 in Plat Book 4 at Page 5. 11. Terms, conditions, provisions and obligations as set forth in Letter of Understanding recorded January 18, 1996 as Reception No. 389215. 12. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389216. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389217. 14. Terms, conditions, provisions and obligations as set forth in Rules and Regulations recorded January 16, 1998 as Reception No. 412615. (Continued) 1 . SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 15. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded August 24, 2010 as Reception No. 572970. 4 1 , 14 Unit: 35-0/ 450 1---<scu,-â„¢ ~ Q.J.-1 <;~ Date.Â· 8 f loic3 EASTÂ·WEST RESORTS ASPEN LODGING COMPANY OWNER'S RENTAL MANAGEMENT AGREEMENT THIS AGREEMENT (the "Agreement'Â°) made and entered into this /5 day of Al CL-~_ 206 by and between ASPEN LODGING COMPANY LLC, also doing business as ASPEN SNOWMASS LODGING COMPANY, 747 South Galena Street, Aspen, Colorado 81611 (hereinafter referred to as "Company" and 90-Li r.-5 i). 'Bre-Â·Â·,ctrÂ·-vciv, C.6-'1.\2k.,1.,vI 1--r -31 residing at 6 1 05 7. r Q m A- , Home Phone # (f lb) 2 3 I --7'799 Office Phone #(25 1 3) 1- LA 7 Â·- 60 7-7 Â£.'Â·gt- 1-7 (hereinafter referred to as "Owner"). The person(s) to whom billing and payments should be addressed must appear above. Any changes to the billing address should be sent to the Company by the above Owner. If jointly owned, one Owner must be identified to receive the statement, and as the primary contact, all as more fully set forth on the signature page herein. UNDERSTANDINGS WHEREAS, the Owner wishes to engage the services of the Company as its exclusive Rental Agent to offer the Owner's premises located at fle-~CAA-,P Pr L-'-5 Unit number 350./'145-0 Telephone number 970 - 910-26,19(the "Premises") for rent under the terms and conditions set forth below; and WHEREAS, the Owner specifically reserves the right to remain as an "active participant" in the rental and operation of the Premises, as the term "active participation" is defined in the Tax Reform Act of 1986; and WHEREAS, the Company agrees to advertise and promote the rental properties and facilities managed by it collectively as the Aspen Lodging Company, and/or the Aspen Snowmass Lodging Company, condonâ‚¬nium units available for short tenn rental; and WHEREAS, the maintenance of the good will of guests and prospective guests shall be considered of paramount importance to both parties. NOW, THEREFORE, in consideration of the terms, conditions and the mutual covenants herein set forth, the parties agree as follows: TERMS AND CONDITIONS 1. Delegation: Subject to the rights and authority reserved to the Owner herein, the Owner agrees to ' make available for rent, and the Company agrees to offer for rent, the Premises subject to the terms and conditions set forth herein. The Owner specifically reserves the right to actively participate in the management of the Premises by: 1) making management decisions pertaining to the operation of the rental activity; 2) performing and/or arranging and delegating through this Agreement for the provision of services and repairs; and 3) reserving the right to become involved in a significant, meaningful and bona fide sense in - the management decisions pertaining to the approval of"long term" tenants, the deciding of rental terms, the I approving of capital or repair expenditures, and other similar management decisions. 2. Rental Department and Services: The Company agrees to maintin a condominium rental program that shall make available throughout the year, certain hospitality services to renters, owners and ' friend-of-owners. These services shall include by way of illustration and not limitation, housekeeping . AÂ«~ h < 30 4,+ 7 3 Pr, 0 - reception, reservations, marketing, : and sales, maintenance and accounting. Services may also be provided on an item-by-item basis to Schedule A, Fee Schedule, effective 9/1/98, which schedule may be amended each year O/94 date, the Owner is required to terminate or cause a renewal of this Agreement. /\ Â«r Ull- 940 3. Access to Premises: Owner agrees not to enter the Premises or to permit any person, whether family member, repairmen or guest, to enter the Premises other than during confirmed times o f occupancy by Owner, without prior notification to and approval by the Company; which approval shall not be withheld if such entry or stay does not interfere with a confinned reservation or guest's right to use of the Premises. All other access to the Premises shall be subject to confirmed reservations or by those acting for or on behalf of the Company, unless Owner notifies the Company to the contrary. 4. Reservations: All reservations for the Premises must be made through the Reservations Department. Because condominiums may be similar except for the number of bedrooms and types of bedding, furnishings and location, they will be rented as much as possible on a rotating basis to give all Owners within a complex with similar units an equal amount o f rental time. Reservations may be accepted eight (8) months in advance. All reservations made will be binding on the Owner at the rates quoted at the time ofreservation. 5. Availability: The Owner or friends of Owner may occupy the Premises at any time for any length of time except when it has been previously committed by a reservation that cannot reasonably be moved. Owner understands and agrees that the Company shall not move any confirmed reservation from his or her unit under any circumstances unless such reservation can be moved to a comparable unit without detriment to Â© the rel*ionship with the guest or negative financial impact to the Company. ~YfP D' 6. Complimentary Use-Sales Promotion: In an effort to promote additional rental business, Owner wiljkallow the Company to use the Premises up to seven (7) complimentary nights per year to house: a) t/3 advance convention planners; b) tour planners; c) travel writers; d) other bona fide generators of rental 7' business; and e) persons whose good will may be of direct benefit to the rental program. The Company will provide all linens and cleaning during complimentary use, and be responsible to the Owner for any damages that may occur to the Premises as a result of such complimentary usage. Upon requesti the Company Bgrees to identify all persons using the Premises under the complimentary use program.234}NeÂ·~A~ff f-DIW, 04/11 7. Rates: The Company agrees to provide Owner with an annual recommendation of appropriate , rental rates for the Premises for the coming year. Owner reserves the right to approve and/or modify such rental rates. In the event Owner desires a different rental rate than that proposed, Company reserves the right to talk to other owners similarly situated to determine if they too desire a different rate. It is the Company's objective to provide as uniform a rate schedule as is possible, at the same time seeking to achieve maximum revenue recognizing competitive units for rent under the Company' s management, together with rental properties available generally in the Aspen/Snowmass area. 8. Owner's Reports: The Company shall maintain, prepare and furnish to owners tri-annual reports that shall be issued within twenty-five (25) days following the season closing dates of December 31, April 30, and August 31 of each year. These reports shall show rental income, if any, Company's compensation and any charges or credit herein provided. Accompanying each report will be distributions by check of the total amount then due Owner; provided, however, no disbursement shall impair an Owner' s working capital deposit or other obligations provided for in this Agreement. The Owner's Report will also indicate deductions, if any, for maintenance, repair, Owner housekeeping charges, service charges with explanation, work orders, and ally outstanding charges owed to the Company. Owner agrees to pay all charges promptly, Late charges of 18% per annum may be imposed thirty (30) days from the billing date for late payment of amounts due. Calculation of the Company's compensation shall be consistent with the terms and conditions provided herein. 9. Utilities-Telephone: Upon Owner's request and provided Owner is current on all of his or her obligations hereunder, the Company shall arrange for utility and necessary services such as telephone, water sewer, gas and cable TV Fees for such services shall be billed to Owner' s account. Condominium 2 rb association dues for the Premises will also be added to an Owner's statement if not previously paid by the Owner. 10. Owner and Friend of Owner Use: (a) Owner agrees to check-in upon arrival with the Registration Desk at the Fasching Haus when using the Premises and to checkout with the Registration Desk upon departure. Owner shall not use the Premises at any time without advising the Company of his or her presence in the Premises. (b) During each Owner-occupancy period, Owner agrees to pay for all services required consistent with the pricing schedule set forth in Schedule A. Owner may choose which housekeeping and other services he or she wishes during such stay and shall make payment upon departure, or have such amount offset against the total amount due Owner at the end ofthe then current billing period. (c) When the Premises is occupied by a "Friend of Owner" ( a "FOO") an-admimisfrati've-fbe-lnaybe < ehige* depending on the time -of yeafÂ·*he-slay=occurs. Tkis.400Â·**ettld-beinÂ·-sdditiea=*e,-the-housekee#ng Te> charges-inettrrud for departure cleaning and alt other housekeeping sewiGes-=quested by..thLgiwais. A 3 ~ Friend of Owner is defined as any person other than Owner and his or her immediate family whose 4_ reservation has been arranged for by the Owner and who is not paying the Company for his stay. All ' ~ 1~ Â·admimisimti=,fees; departure housekeeping charges and other charges incurred during such stay must be paid 3 .~1 by the FOO at checkout or specifically approved by the Owner as to be paid by him or her. It is understood ~ L that any fees or charges not paid by the FOO will be the responsibility of the Owner. The-admini*atiuÂ©-fee A- ~ payable.le, the FGHDrÂ·ii@Â·apprepriate-<depeadm g r,n th, riste nf:gueh-s*a~+-ieÂ·-set4b*h-on-Schedule=A. (d) Owner and FOO use will be subject to the same check-in and check-out times applicable for all _ guests (4:00 p.m. arrival and departure times of: 9:00 a.m. (winter) and 11:00 a.m. (summer)), and all parties - \-must-Bkillee-terms governinlstaysby guests. In case of occupancy beyond these stated periods, the Company may assess a late departure fe~(one-day rental, less commission) which will be billed to the Owner's account. Company agrees, however, to use its best efforts to accommodate the wishes o f its owners and FOOs. O-frii' ,+Fill"*.31,2004 11. Term: This Agreeg*nt shall become effective on m Blr ' 5 , 20.03 and shall continue in full force until the next 512*es[ 31. Thereafter, this Agreement shall automatically be renewed for one (1) year periods. In the event either Darty wishes to terminate this Agreement at its then applicable term end, either party may give niaâ€¢ty 4907-Clays notice o f its intention to terminate. Any termination of the Agreement shall be subject to existing confinned reservations for the future rental of the unit. In the event of a sale, or other transfer of a unit, and as more fully described in Paragraph 28 below, this Agreement may be terminated on thirty (30) days written notice. Owner expressly agrees to honor all confirmed reservations, recognizing failure to do so will interfere with the contractual relationship established between the confirmed guests and the Company. Owner shall be responsible for all expenses incurred by the Company, including loss of revenue, as a result of the Owner's failure to honor confirmed reservations. 12. Annual Requirements: Inspections; Ratings; Deep Cleanings: (a) To assist the Owner in the promotion and rental of the Premises and to maintain specific quality standards, the Company shall seek to annually (and if needed more frequently) conduct an inventory of all major furnishings and equipment, inspect the general condition of the Premises, and provide Owner with a statement indicating the condition of the Premises and written recommendations for improvements. The Owner shall undertake or authorize the Company to undertake whatever improvements or refurbishing the Owner and the Company deem appropriate. Owner understands that the Company maintains classifications of units to give greater information to guests in making a decision for rental. Classifications of each unit have an impact on the rental income that may be achievable from a unit, and are based on amenities provided, condition and age of furnishings, and location. (b) Notwithstanding the termination provision provided in Paragraph 11 above, the Company reserves the right to terminate this Agreement on thirty (30) days written notice, should it deem the Premises ~6 - to be unsatisfactory for participation in the rental program. As the Company holds itself out as a first class i~~ provider of services, amenities and accommodations, the inclusion of units below the standards represented, 7 3 :evul-e,1 0.4 T-# e to the public will be detrimental to the overall program and the efforts of the Company in offering condominiums for short term rental. â€ž (c) The Owner authorizes Company to perform a *annual general interior "deep clean" of the unit. Deep cleans will be performed after each winter aad=summer season. Charges will be as set forth on Schedule A, unless an alternative fee is agreed to by the parties prior to commencement of work by the Company. The cost for a major cleaning does not include carpet, drapery, upholstery, bedspread or bed pad rh cleaning. Owner agrees that the Company may have the carpet and furniture cleaned as is necessar~g~ 1, Company's sole discretion, to maintain the Premises in first class rental condition and that the Company may ' bill the Owner's account for the cost ther~*gr~ided, however, that such cost may not exceed $250.00 per cleaning without the Owner's prior approval.kNindow washing will be performed as required and billed to the Owner in accordance with rates in effect at the time ofthe service. 13. Equipment and Furnishings: The Owner agrees to maintain the Premises and furnishings in a first class rental condition, and to maintain a complement of equipment as set forth in Schedule B, which standards list may be amended each year on or around the date Owner is required to terminate or renew this Agreement. Separate from the items set forth in paragraph 14 below, the Owner agrees the Company may replace missing or no longer usable items, in the event failure to replace or repair would adversely affect a guest's stay. The Company will then charge Owner's account for such costs. No more than $100.00 will be spent on these items at any one time without first notifying the Owner. 0-' A o.b 4 - *w .I.= ;t_ 0 =~s,J ,- ,- re-01 1 14. Small appliance/household item replacement/creation of Owners' fund: When becoming part of the Company's rental program, Owner will bring all necessary inventory items to par, consistent with Schedule B. Thereafter, the Company shall replace all small appliances (toasters, blenders, etc.) and all small household items to a maximum of $35 per item. These items may include blankets and pillows, clock radios, other small appliances, ordinary light bulbs, dinnerware and so on. The Company shall maintain inventory to cause replacement of these items on a continuing basis throughout the year. Payment for these items shall come from the establishment of an item replacement fund. This fund will be maintained as set forth in Schedule A. Any portion of a fund not spent in one year shall be rolled over for the next year. The replacement fund shall be for the benefit of the Owners only and proceeds will not be shared by the Company in any way whatsoever. All work orders, replacements, or changes, whether or not billed to an Owner, will be reflected in each of the Owner's reports. 15. Maintenance: Owner recognizes and agrees that the Company' s obligations are contingent upon Owner maintaining the interior of the unit in first class condition, including without limitation, the maintenance of furnishings of a first class quality. Owner acknowledges that the Company is not responsible for replacement, repair, restoration, or redecorating of the unit or the furnishings and the personal effects contained therein except as otherwise provided in this Agreement. The Company may perform repairs and maintenance as it deems necessary at a per hour rate listed on Schedule A plus itemized costs of parts and - materials, not to exceed $150.00 per task, without Owner's approval. In the event of maintenance items above such amount, Company shall notify Owner of the necessary repair or maintenance item, and Owner shall approve work contemplated by the Company. Accordingly, maintenance services will be billed pursuant to a fee schedule determined each year at the association meetings. In the event, Company is required to contact, work with, and oversee third parties and the maintenance charge exceeds $400.00, Company shall be compensated for its efforts with a 10% administrative fee. In such event Company will supervise, perform administrative tasks, and perform a final , check or follow-up oIl the work performed. Where the Company performs maintenance or repair services, traditional time and materials charges will apply. Where Owner desires to contact, supervise and oversee such tasks, including the payment to third parties, no administrative fee shall be applicable. Notwithstanding the dollar limitation above ($150.00), Company may cause a repair to be made if an extreme condition exists which requires immediate attention, and the Owner can not be notified timely of ~ such circumstance. Extreme conditions may include imminent danger to a guest, potential or continued harm - to the unit, or potential risk o f harm to a client relationship or to the reputation o f the Company. 9 :----*N \ V 4--- 4 The Company shall hire, supervise and discharge all employees and third parties required for the operation, maintenance and repair of a unit and may perform any of its services hereunder through such employees, agents, contractors, and subcontractors as it deems proper. The Company shall not be responsible for the acts of outside entities, their negligence or default, so long as the Company has not been - negligent or engaged in willful misconduct in the performance of its duties hereunder. 16. Refunds: The Owner agrees that the Company may offer a guest a discount in the event of a failure of the heating or other systems, or a major appliance, which cannot be repaired (or replaced) within twelve (12) hours of notification of failure. The Owner understands and agrees that any guest may be transferred to another rental property if such discount or accommodation is unacceptable to the guest. In the event of a transfer, the Owner shall be credited with a pro rata share of the rents earned from such guest, the balance being credited to the owner of the unit to which said guest is transferred. While a year-round ' Maintenance Department is maintained with a goal of a forty-eight (48) hour maximum service period, the Company makes no representation that it is capable of providing major repairs on such basis in all circumstances and hereby advises Owner that failure of the type herein discussed may periodically cause a loss ofrental income. 17. Transfers: Guest transfers, as the result of dissatisfaction of the guest, are to be made at the discretion of the Company. In such event, Owner may suffer a loss of all or part of the prospective rental income. 18. Compensation of Company: For its services hereunder, Company shall be compensated as follow: (a) For all daily or weekly rental revenues received by the Company, a commission equal to thirty-nine (39%) percent of the rental rate charged, net of pooled travel agent commission and credit card charges, as set forth in Paragraph 22 below. Included in this comrnission payment by way of illustration, and not limitation, shall be all expenses for: marketing/advertising; promotion; collateral; linen and terry (up to $15,000 per year for all units managed); laundry; room amenities; rental guests' housekeeping services; housekeeping supplies; administrative fees, front desk and reservation systems; and rental accounting services. 7 (b) For long term rentals (2 months or more) the Company shall receive a commission of fifteen (15%) percent per month. (c) A monthly management fee of $68.34 per month. This fee covers access to office services such as: concierge services to owners and guests; bellmen; an emergency on-site resident manager; unit accounting; a weekly unit check; bill paying services; over sight o f unit; and acceptance of items such as Fed Ex, small packages, etc. This fee shall be increased as of 9/1/02 and on the two (2) year anniversary date thereafter based on the increase, if any, in the Denver Consumer Price Index, from the time of the earlier adjustment date to the new adjustment date. 19. Owner Housekeeping Charges: The Company shall make arrangements for maid service, linen and terry provision and cleaning, cleaning services, amenities and supplies, all as may be necessary to service the Premises. Housekeeping services and supplies shall be made available to Owner at rates competitive to those otherwise available in the City of Aspen. Charges to Owner for these housekeeping services and supplies are set forth in Schedule A. (a) General Housekeeping: Housekeeping charges will be dependent upon usage and type of -- service requested. Refer to Schedule A for a description of the services and the billing of each that are available to Owner at his or her request. (b) Pre-arrival Cleans. Owner shall have the right to choose pre-arrival cleans, and the extent of a cleaning, on an arrival by arrival basis. Owner recognizes that, in some instances, a departure clean may have occurred many days, or weeks, before an Owner's arrival. The Owner may request the unit to be re- cleaned before arrival or have some additional items accomplished (i.e., window washing, vacuuming, dusting. etc.) At Owner's election, Owner shall be billed for services asset forth in Schedule A. Â»ALÂ» 3 5 42 20. Working Capital Deposit: Pursuant to statutory requirements under Colorado Real Estate Law, the Company is only able to make payments on an Owner' s behalf from Owner' s designated account. Company is not allowed to make payment from other sources of funds unless Company makes a loan to Owner. Accordingly, a working capital deposit of $500.00 must be provided by the Owner so that the Company may contract for and, as applicable, make payment in respect of utilities, repairs and other services necessary for proper management of the Premises. The Owner's working capital deposit shall be returned to the Owner by the Company within thirty days following termination of this Agreement. Owner agrees to maintain this working capital deposit and authorizes and directs the Company to withhold from any funds otherwise due Owner an amount sufficient to maintain the full amount of the working capital deposit, If Owner funds are insufficient to replenish this deposit requirement, Owner shall provide necessary funds within fifteen (15) days following written notice from the Company of such deficiency. Late charges of 18% per annum may be imposed thilly (30) days from the billing date for late payment of amounts due. The Company may consider any deficiency lasting more than sixty (60) days from written notice as a breach of this Agreement and Company may elect to cease offering services herein described until such breach is cured. 21. Discounts: The Owner authorizes the Company to offer temporary and special rates to guests, and expressly waives notice of such changes, so long as a discount does not result in a greater than 25% discount from rack rate to the Owner. In the event, a discount of greater than 25% to the Owner's commission is considered, the Company shall require approval from the Owner before offering such rate to a prospective guest. The Company understands one of its obligations to Owner is to maximize revenue and shall do all that is prudent pursuant to such objective, to maximize the rental income achievable during the - different seasons of the year. 22. Commissions and Credit Card Charges: Commissions paid to Travel Agents, Tour Packagers and other providers of business, together with credit card commissions, shall be pooled each trimester and allocated to all owners on the rental market that trimester as a percentage of rental income received for that ' period. In other words, if rental income for all units is $500,000 during one trimester and total commissions and credit card charges payable is $10,000, each unit owner would bear a 2% charge against his or her rental income for such trimester. By making this item a deduction from gross income before commission payment to Company, Company shares in its prorata percentage of the payments of these expenses. 23. Lease Agreements: For all long term rentals (two (2) months or more) the Company may, in its sole discretion, prepare for execution by the prospective tenant a Lease Agreement. The Owner reserves the right to review and approve the terms ofthe Agreement. ~. 24. Liability & Insurance: (a) Owner-pmeQants at its own cost an*exylense at all times *iring the term gÂ£*is ,>' Agrephent, to defend 021 save Â¥le Company, its emplp#es or ~gents, free, harpr!@ss a~d indernni*21 fr~m 4 &< all i~jury, loss, clajptor damag# (including reason*Te attome*' fees and di*Hurseme,ts) to any perso,! or V property ansing,pom, related tol or in connectionÂ»ith the useand occupyby of the ~?remise~/Provi~led, hov~ever, th*/Aothing containe~ in this parP~ph shall be *nstrue,9/to indemni~113/Company,Lits emp l-or agents from and agaihst*jE,061 negligent acts, omistiolii or willful misconduct. (b) Owner shall store his or her personal property in the Premises at his or her own risk. Barring negligence or willful misconduct, the Company assumes no liability for loss or damage to the Premises or the contents located therein. (c) The Company and its agents or employees shall not be liable for any loss or damage to the Premises or to equipment, furnishings, or appurtenances thereto resulting from any accident or occurrence in ~ or upon the Premises or the building of which it is a part, including, but not limited to, claims for damage resulting from: (i) Negligent or willful action or omission o f guests or their invitees, provided Company has used reasonable efforts to recover resultant damages from the, guest; or V . 6 / \0 J-- 4.1 1 e r 1 rCL- + I 0.-4 '1 LA 4 11. I.J:, r \14- .- 3 - L_ _~~5,-7- ek..4 tle re- <4 3 r t. re 4 0 9 ) 1 4 7 L :.L to . \. 4-. 1. 01- 10â€¢fv'a-6<_ (__ck) O 0-1 A) 2. /~ 3 0-L a.1~ VY\, Ck. 4 -13-T ck- :41 : â€¢4 5, Li r C Â·â€¢J c.Â£L Ck S Â£ p e. C_ 44Q ;e 3. i-J ..,-t. : b CL 3 '~ 2-Â« L.â€¢Â¥4. 2 -01- c.vi) ck \3 2Â£ \ , 6.6$Â« 44 '- ci.\ \ i 43.-%1_ 3 0 13 , 63 \4 i -Â·vÂ·~3' o r ALÂ«- A 1 e j E- A Â« 1 2 CK A 4 9- e #i w ers b'-0 <Z_ 13 \ ' Cj {11 -1 CLL- i 1.039,0.-3 UNf/-, 6-r le-SJ -1-Lâ€žÂ»-4 2~,00',C~CA Pa-A. 0 C c.- U.. r c. --1 02- 3 4 -4 6. b .t- 1 4 +6 < A ..fl p- 41 l i ) re'J- - r ;3 L D si C 1 --4 6 -4 & W--5 34 1 0â„¢1 J.Jb 0Â»4442- 07 - -__ 9-v -r- r.~-4-32 25_U.cok- r Â°f-&4-1-__:5>9:rÂ·' 2-,1 04- 0-.0Â«-21 UL C O &4 0.2 ,- wJ r 0 - - 0 ' 5 074 1,Â·d e '--3 , ,/ 1-~ t.,4/ ,>4 re c e #p.*BAL-1 1-el 6 03 r; er A. 0 2 3 r,4 5-r e a-,n-f b r.1 5 c- 1 A ,6.â‚¬ S G. 1 ,& I To ,-6. SCIJ 11 Â·'~U..CL 9'-:4+2 O U.4 4-CL '04 4- L v.â€¢A fo l.- V V Li -flne V b ..Â·.'. Â«E-k. 41,2.(..L~~ Â·FLL r - ~~--~--3rp,1 /4 ... t Â·,-3 ed- el . Â« r .-0 a L<:.*. ci. 29~-~ 1 9% 9~~t~==.=*.===42'4- . , - (ii) Injury done or occasioned by wind, rain, snow, storms or other elements; or . -52, 20 c Â£ (iii) Thefts, vandalism, fire or acts of God. -f-6 - c I D VT e 4 /04 4 Prop.-ta (d) Owner shall be responsible for procuring and maintaining at his or her~wn cost and expense a combined single limit bodily injury, public liability, and property damage coverag91 It is suggested --- that the amount be not less than Three Hundred Thousand and No/100 ($300,000) Dollars for each such occurrence or such greater amount, as he may deem necessary. The insurance policy shall contain Endorsement H033, which protects the Owner during such period when the property is rented to others. 25. Set Up Procedure: Owner and Company acknowledge that prior to entering into this Agreement, the Company shall perform an evaluation and inspection of the Premises to determine its suitability for acceptance into the management program. This inspection may be required of all newly constructed units or existing units not presently ill Company' s rental management program. Tile-Â·Gempan,-ma34(harge.ipne- -time-setwiU=r=high-urfilld- he--,harged on the first tri annual-statement, to coÂ¥@p-admini-stratilLe_costs ineurredirprmaringrinspegting-animaking-the-pi:@misesÂ·~ady-R,Hent: An employee o f the Company will ' meet with the Owner, explain the Company's rental program and services, inspect the Premises. making certain the Premises contain all inventory required, and cause the housekeeping department to outfit the Premises with the appropriate bed linen and terry. Thereafter the Company shall be the contact in charge of all that occurs within the Premises and shall be the liaison between Owner and third parties providing necessary services. The cost of re-supplying bedding and towels shall be done at the cost of the Company as provided herein. 26. Notice: All notices shall be made in writing and mailed to the parties as follows: If to Company: General Manager Aspen Lodging Company, LLC 747 South Galena Street Aspen, CO 81611 Dcs-4 bu 7. -Bre-â€¢&&-o,r C.Lâ€ž\1-be.-g -Tr.2-E If to Owner (*): 61*rt -19- 3 -e , 2-; A.-0--O# /- 6i 05 ee..rk, Rol- O.-CE; i obiO %+51-Lt 3 27. Management Trustee Bank Account: As required under Colorado Real Estate Law, all money - ' received by the Company for the rental of Owner' s Premises shall be deposited into a trust account in a financial institution where deposits are insured by the Federal Deposit Insurance Corporation. Interest earned, if any shall be credited to the Company. The Company, from time to time, shall draw thereon for any payments to be made as intended by this Agreement, including Company's compensation. 28. Sale of a Unit: Owner agrees to notify the Company in writing when the Premises is going to be listed for sale. The Premises can not be entered when rented unless agreed to by the rental guests. All brokers and salespersons showing the Premises for the Owner shall be required to contact the Company's office to obtain access to the unit. As set forth in Paragraph 11 above, the Owner agrees that upon a sale, buyer shall be subject to all confirmed rentals arranged by Company that can not be moved without detriment to the Company, the guests or any relationship thereof. Other than this requirement, buyer shall not be required to enter into a rental agreement or non rental agreement with the Company once he or she has become the owner of the unit provided for herein. The Company shall be notified of a pending sale before closing, in writing, and the Owner shall notify the buyer of the Company's relationship prior to closing. The Company, through its affiliate, is a licensed real estate broker and prefers listing units for sale for those , properties managed by it. Company is a member of the Aspen Multiple Listing Service and Aspen Board o f Realtors. However, Owner is not required to list his or her unit for sale with Company solely by virtue of entering this Owner' s Rental Management Agreement. r\ An N ./7/ T \JU~ 7 0 0% 29. Governing Law: Miscellaneous: This Agreement has been executed and delivered in, and shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. Invalidity of any part of this Agreement shall not affect the remainder. The invalidity in whole or part of any covenant, promise, condition, term, undertaking, or any section, subsection, sentence, clause or any provision of this Agreement shall not affect the validity of the remaining portions thereof. This Agreement, subject to the provisions of Paragraph 11 above, shall be binding upon and inure to the benefit of the Company, its assigns and successors-in-interest, and to the Owner, its assigns, successors- in-interest, heirs, executors or others seeking to stand in the place o f Owner. 30. Entire Agreement: This Agreement and the Schedules and Exhibits hereto, if any, constitutes the entire understanding between the parties as of this date and shall not be modified except by a written document signed by the parties, or as otherwise provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written. COMPANYI Aspen Lodging Company, LLC BW---7414 g C D o_-60. General Manager / OWNER (*)- 130-0*'\ Ll 'P Â· ~B ,-t-4 /G-rah. r â‚¬2~~ S k.-2-41. ir 1.-5-t L e-,J,J e-/Ch BY:ED-QÂ·-0 P' '6- 45 13 19 7 1 -7199 45-13) 24-7 -cell 2-013 11 ~ Signature Chuaer G-r.-4,, Home Telephone Office Telephone S ogial@exe*19-#** Fc-LI b BY: Signature Owner Home Telephone Office Telephone Social Security # BY: Signature Owner Home Telephone Office Telephone Social Security # BY: Signature Owner Home Telephone Office Telephone Social Security # * If the Premises are owned by more than one person, all Owners must sign and one person must be designated as the single point of contact with the Company. ** Federal I.D. number or Social Security number. 8 411 EASTÂ·WEST RESORTS ASPEN LODGING COMPANY OWNER INFORMATION RECORD In order for our records to be complete and for us to be able to contact you at any time in case of an emergency, please fill our the form below: Check the address at which you prefer to receive your maiFemail/phone calls: â‚¬ Home: 4 1 0 5-- 1:p.Â·~ r 11- DEA Mailing address 61 .1-r- 2 0--0 Â£-1- 5-19Â· 3 City 1 State Zip --34Home Telephone: ( F' 3 ) <f 3 1 - 7 7 9 9 - Call p k o.. c 573 -,3 ll. -col D _bC_ Home Fax: (03) 2 g i - 9 2-1 7 24_ Home email: D Bme-r .39 0- o L . Lowâ€¢. . -1 Business: ga- ur- Mailing address . . * I.*.4*6~4 A.6 City State Zip Business Telephone: C 31 3) 2 4 7 - 00 7 7 eâ‚¬T 1-7 Business Fax: Business Email: R LD 1-el SOCIAL-SEetiRrr'rN[IMBER: 3 j - 1 Ll 7 349 g Co-Owner infonnation: Thank you for your time and it will be a pleasure serving you! /P/4--- 03 1 - 9 Schedule A I. Frie#d of OwamÂ¢KiE;ltration fee;.- A. l %,030 per nig]~ for the,Arid~ June lj<'hugpst 314 B. ~-130.00 per nighl>fe:-1*6 periodges~ber 15 - *Mil 1. Il. Maintenance labor charges. A. The hourly rate for ALC maintenance employees is $26.00 - $39.00. B. The hourly rates for non-ALC maintenance personnel and professional Contractors are $28.00-$60.00 per hour, depending on the scope of work and the contractor involved. C. All maintenance charges will be on a time and material basis unless specifically agreed to by the owner and ALC, for small projects, before commencement of the work. D. Minor maintenance charges: l. ALC will not charge for minor maintenance items of less than 1/2 hour that have no material charges pertaining to the work order. 2. Minor maintenance items include, but are not limited to such things as hanging commonly stocked light bulbs, plunging plugged toilets, and flipping circuit breakers. III. Housekeeping Services. A. All owner and owner-guest housekeeping will be charged on a time plus materials basis. 1. The 2002-2003 hourly rate will be $26.00 per housekeeper and $28.00 for housekeeping supervisor inspections and administrative fees. 2. An itemized linen and supplies price list can be obtained by contacting the Housekeeping Department. B. Types of Services: 1. Departure cleans 5. Towels, Trash & Beds 2. Midweek (change) service 6. Pre-arrival cleans 3. Daily service 7. Owner hourly (specific list) 4. Towels only 8. "No service" C. Owners and owner-guests can choose service from the above list for each day of occupancy. D. To ensure adequate staffing, housekeeping requests must be made at least 24 hours before service. IV. Annual and bi-annual deep clean prices. 0-- C 1 - j J : r _ A. Studios - $210.00 F. <li~ BA - $310.00)-- .ill- B. 1 BR/IBA - $270.00 G. 3 Bit/2 BA - $350.00 Â£ 4.4// 64 &1,-6, 3 C. 1 BR/2 BA - $288.00 H. 3 BRO BA - $410.00 r â€¢:JF L u - /4-//ME D. 2 BR/1 BA - $280.00 I. 4 BR/2 BA - $400.00 s i \ A L .r E. 2 BR/2 BA - $300.00 J, 3 BR/den/3 BA + $440.00 1 3,0 46- C V. Monthly Individual Unit Management Fee I. & I ov~ a~,~__ A. Rental Unit: $68,34 B.-.NeN,Â·,2=~1-Wei*â€¢4108-00 VI. Item Replacement Fund: $5.00 per rental night - e' 6 t Gu. I ,- ~ e 9.' -â‚¬e - 0 .., .~.1 Â·20.00'c o. E- eo 6 1 - 27--0 ~ Note - Aspen Lodging Company reserves the right to modify this Schedule from time to time after giving thirty , days prior written notice o f such changes to each o f the owners affected. Effective 03/03 Â»1/ 1 F 1,1 gJ 10 2- SCHEDULE B REQUIRED UNIT INVENTORY RENTAL OWNER I. Aspen Lodging Company requires the following items in all units placed on the rental market: A. 19" color TV with remote. B. Microwave. C. V.C.R. D. Telephone. E. Dishwasher. F. Refrigerator. G. Iron & Ironing Board. H. Alarm clock/radios for all bedrooms. Stereo with a tape CD . At least 1 humidifier. I 5 hangers in each closet. One extra pillow and blanket per bed. Vacuum cleaner and extra belt. Fire extinguisher. 0. Kitchen inventory-list: Studio 2-bdrm 3-bdrm 4-bdrm 1. Glasses 11 Water, wine, juice 8 10 12 14 2. Dishes Dinner plates, saucers, bowls, cups, small plates 6 8 10 12 3. Silverware Knife, fork, salad fork, teaspoon, tablespoon 6 8 10 12 4. Pots & Pans - full set includes: 10" pot & lid 2 size sauce pans w/ lids 13" x 9" baking pan Broiler pan 2 size fry pay w/lids 5. Miscellaneous: Mixing bowls __ 2 Corelle bowls Corelle platter Tea kettle Big fork Cutting board Water pitcher Pancake turner Electric can opener Paring Knife Mixing spoons Measuring spoons Potato Peeler Colander Salt & Pepper shakers Butcher knife Coffee Pot Measuring Cup 'Â· Corkscrew Toaster A \ Â»-7 Serving spoons 2 or 3 good "ice" trays AID OP; 11 %47?4Â»" II. Aspen Lodging Company highly recommends the following items to maximize your unit' s rental potential: A. 19" color TV in master bedroom and secondary bedrooms. B. Telephone in master bedroom. C. Compact Disc player with stereo system D. Ice maker in the refrigerator/freezer. E. Floor fans. F. Vaulted ceiling fans. i NOTE: Owner is expected to pay for the initial stock of items for the kitchen, as stocked by the Company. Thereafter, minor replacement items will be replaced by the common replacement fund. 12 90 RESORT-t.41EST. ~rnATESIREIDIWALDRON ~ RENTALS REAL ESTATE PROPERTY MANAGEMENT March 29,2007 Douglas P. Brendamour Children's Trust 6105 Park Road Cincinnati, OH 45243 Dear Doug, As per our phone conversation today, you asked that RQI extend your contract on "month to month" bases with ResortQuest due to the fact that you may wish to give a 30 day notice at some point in the future to leave this rental management company. Karen Kelly, General Manager, of RQI has agreed to go on a month to month contract with a 30 day notice for units 350 and 450 at Fasching Haus. Doug agrees that he will give a 30 day termination notice of the existing contract ifhe chooses to leave RQI for rental. With that termination notice he agrees to abide by all of the Reservation terms and conditions on future reservations should he terminate with 30 days notice as stated in existing contract. With signatures of both parties this is a legal and binding addendum to existing contract on file with RQI rental office. Sincerely, Karen Kelly General Manager Above agreed to by: 10---2- A- 0-- 2/2-1 / 77 i Douglas Brendamour Date: 3\PERÂ» 1 taren Kelly I)ate: Aspen: 720 E. Hyman Avenue Â·Aspen, Colorado 81611 Â· Tel 970-925-1400 Â· 800-22-ASPEN Â· Fax 970-925-3765 747 South Galena â€¢ Aspen, Colorado 81611 Â· Tel 970-925-2260 â€¢ 800-22-ASPEN Â· Fax 970-925-2264 38750 Highway 82 Â· Aspen, Colorado 81611 Â· 970-925-1500 Â· 800-952-1515 Â· Fax 970-925-9037 Snowmass: 16 Kearns Road, Suite 113 Â· P.O. Box 6450, Snowmass Village, Colorado 81615 Tel 970-923-4700 Â· Fax 923-4198 ResorIQues[Aspen.com Â· Resort(luestSnowmass,corn ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970)925-2260 January 29, 2004 BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 1 INCOME EXPENSES INCOME: RENT - (SHORT TERM) H352 335.00 Tenant: CHOMAN 05/27-06/01 ' RENT - (SHORT TERM) H351 134.00 Tenant: BROWN 05/28-05/30 - TA COMMISSION & CC COMMISSION 60.97 SHORT TERM RENTAL COMMISSION 159.13 RENT - (SHORT TERM) H450 1072.00 Tenant: PENROD 06/12-06/16 RENT - (SHORT TERM) H351 168.00 Tenant: PALEY 06/16-06/18 RENT - ( SHORT TERM) H351 252.00 Tenant: KEOUGH 06/19-06/22 ' RENT - (SHORT TERM) H450S 188.00 Tenant: POLADSKY 06/20-06/22 RENT - (SHORT TERM) H450S 360.00 1 Tenant: MEYERS 06/23-06/26 RENT - (SHORT TERM) H351 67.00 Tenant: FATTOR 06/26-06/27 RENT - (SHORT TERM) H352 201.00 Tenant: WEINER 06/26-06/29 RENT - (SHORT TERM) H450S 648.00 Tenant: STUBBLEFIELD 06/26-06/30 RENT - (SHORT TERM) H351 75.10 Tenant: MERRILL 06/27-06/28 RENT - (UNTAXED SEASONAL STAY)H450 0.00 Owner : BESMAN 06/30-07/02 TA COMMISSION & CC COMMISSION 166.71 SHORT TERM RENTAL COMMISSION 1117.11 RENT - (UNTAXED SEASONAL STAY)H450 0.00 Owner : BESMAN 07/01-07/03 RENT - (SHORT TERM) H450 1140.00 Tenant: HALL 07/03-07/07 RENT - (SHORT TERM) H352 106.00 Tenant: OETTING 07/10-07/11 RENT - (SHORT TERM) H450 590.00 Tenant: WILLSON 07/11-07/13 - RENT - (SHORT TERM) H351 67.00 Tenant: GOLINSKY 07/13-07/14 i PAGE SUB-TOTAL 5403.10 1503.92 '90Â»44 ASPEN LODGING COMPANY, TRUST ..417 11 1* %2*93'9' 747 GALENA STREET : 1 %. !. 4 6, ASPEN CO 81611 41 . Â· '..0 h.1 1.lilli, 1 (970)925-2260 1.11.26 Elary 29, 2004 PAGE 2 ENDAMOUR CHILDREN' S TRUST FASCHING HAUS UNIT # 450 JG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* )5 PARK ROAD ECINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES RENT - (SHORT TERM) H352 318.00 Tenant: MCCLELLAN 07/14-07/17 RENT - (SHORT TERM) H351 106.00 Tenant: ANDREWS 07/16-07/17 RENT - (SHORT TERM) H352 134.00 Tenant: HOWARD 07/17-07/19 RENT - (SHORT TERM) H351 106.00 Tenant: SMITH 07/18-07/19 RENT - (SHORT TERM) H450S 270.00 Tenant: GRIMMER 07/18-07/20 RENT - (SHORT TERM) H352 134.00 Tenant: HINTERREITER 07/19-07/21 RENT - (SHORT TERM) H351 134.00 Tenant: KOPPENHAFER 07/19-07/21 RENT - (SHORT TERM) H450S 147.80 Tenant: BAKER 07/21-07/22 RENT - (SHORT TERM) H351 83.80 Tenant: FRANCISCUS 07/21-07/22 RENT - (SHORT TERM) H450 444.00 Tenant: INFO USA 07/23-07/27 RENT - (SEASONAL STAY) H450 1425.00 Tenant: LUBAR 07/27-08/02 - TA COMMISSION & CC COMMISSION 364.39 SHORT TERM RENTAL COMMISSION 1888.07 RENT - (SEASONAL STAY) H450 285.00 Tenant: LUBAR 07/27-08/02 RENT - (SHORT TERM) H351 94.90 Tenant: BONK 08/02-08/03 RENT - (SHORT TERM) H450S 166.90 Tenant: KARSTETTER 08/02-08/03 RENT - (SHORT TERM) H352 156.50 Tenant: SIMONS 08/02-08/04 RENT - (UNTAXED SHORT TERM) H450 0.00 Owner : BRENDAMOOR CHIL08/04-08/22 RENT - (SHORT TERM) H450 390.00 Tenant: SPANO 08/22-08/24 RENT - (SHORT TERM) H351 61.75 Tenant: DIENST 08/27-08/28 PAGE SUB-TOTAL 9860.75 3756.38 - x -ir- '3 1 ASPEN LODGING COMPANY, TRUST L 441 747 GALENA STREET I h J.Ii. U~ ASPEN CO 81611 -ri (970)925-2260 1 1 1 /4 L & 1-=f - .yuary 29, 2004 PAGE 3 #BRENDAMOUR CHILDREN ' S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 ' FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES RENT - (SHORT TERM) H351 84.00 Tenant: GONZALEZ 08/29-08/30 RENT - (SHORT TERM) H450S 162.00 Tenant: WAGNER 08/29-08/30 RENT - (SEASONAL STAY) H352 201.00 Tenant: MULLANEY 08/29-09/02 RENT - (SHORT TERM) T. A r- A r. 1-19: JUD 84.00 Tenant: LONG 08/30-08/31 RENT - (SHORT TERM) H351 168.00 Tenant: THOMPSON 08/30-09/01 RENT - (SEASONAL STAY) H450S 162.00 Tenant: SERRANO 08/31-09/02 TA COMMISSION & CC COMMISSION 151.20 SHORT TERM RENTAL COMMISSION 727.29 RENT - (SEASONAL STAY) H352 67.00 Tenant: MULLANEY 08/29-09/02 RENT - (SEASONAL STAY) H450S 162.00 Tenant: SERRANO 08/31-09/02 RENT - (SHORT TERM) H351 79.00 Tenant: NAKAMURA 09/11-09/12 RENT - (SHORT TERM) H352 168.00 Tenant: MCNEAL 09/19-09/21 RENT - (SHORT TERM) H351 168.00 Tenant: SMITH 09/19-09/21 RENT - (SHORT TERM) H450S 230.00 Tenant: BABIUK 09/20-09/22 TA COMMISSION & CC COMMISSION 120.89 SHORT TERM RENTAL COMMISSION 293.71 RENT - (SHORT TERM) H450S 186.00 Tenant: RAND 10/04-10/06 TA COMMISSION & CC COMMISSION 28.99 SHORT TERM RENTAL COMMISSION 61.23 RENT - (UNTAXED SHORT TERM) H450 0.00 Owner : BRENDAMOOR CHIL12/10-12/17 RENT - (SHORT TERM) H450 4817.00 Tenant: TUPPER 12/19-12/28 RENT - (SEASONAL STAY) H450 2940.00 Tenant: KING 12/28-01/05 PAGE SUB-TOTAL 19538.75 5139.69 .LI: 14.111 Itly'l ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 r al (970)925-2260 Buary 29, 2004 PAGE 4 ENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 IG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* ) 5 PARK ROAD NCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES TA COMMISSION & CC COMMISSION 948.69 SHORT TERM RENTAL COMMISSION 2655.24 ?ENSES: 04/25/03 Work Order Billing WO 43865 18.00 Look at project per owner request 04/26/03 Iris Carpet Cleaning 180.00 05/06/03 Holy Cross Energy - Electric 4.66 04/26/03 UNITED PARCEL SERVICE 6.99 05/01/03 QWest 99.64 05/30/03 Monthly Management Fee 68.34 05/30/03 NO CHARGE MAINTENANCE WORK WO 44105 0.00 Unjam window for guest 06/01/03 QWest 96.85 06/20/03 Mark Batmale-Painting 663.73 06/23/03 Monthly Management Fee 68.34 07/01/03, QWest 101.48 07/03/03 Work Order Billing WO 44583 - 40.97 Pick up boxes, purch packing tape 07/19/03 Work Order Billing WO 44689 32.00 Repair broken box springs in 352 07/28/03 Monthly Management Fee 68.34 08/01/03 QWest 100.60 08/01/03 Packaging tape- 2 rolls from Ace 7.80 hardware purchased on 7/3/03 08/01/03 Work Order Billing WO 44871 19.00 CLEARED LINE AND RESET DISPOSAL 08/03/03 Work Order Billing WO 45420 19.00 REALIGNED FIREPLACE SCREEN 08/04/03 HOUSEKEEPING - CHARGE WO 45233 13.00 ARRIVAL SERVICE 08/04/03 Work Order Billing WO 45438 64.75 REPLACED BATTERIES IN REMOTE 08/12/03 HOUSEKEEPING - CHARGE WO 45210 102.80 MIDWEEK SERVICE 08/20/03 Work Order Billing WO 45387 19.00 STORED BOXES & PRINTED CHEAT SHEET 08/22/03 HOUSEKEEPING - CHARGE WO 45494 137.15 CHECK OUT CLEAN - PAGE SUB-TOTAL 19538.75 10676.06 7/ * ~ .ASPEN LODGING COMPANY, TRUST 747 GALENA STREET A ASPEN CO 81611 (970)925-2260 t 1 3 inuary 29, 2004 PAGE 5 f BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES 08/29/03 Work Order Billing WO 45403 9.50 REPLACED BURNT BULB 08/31/03 Monthly Management Fee 68.34 09/01/03 QWest 100.60 09/17/03 NO CHARGE MAINTENANCE WORK WO 45496 0.00 INSTALLED REMOTE AMPLIFIER 09/19/03 Holy Cross Energy - Electric 23.28 09/30/03 Monthly Management Fee 68.34 10/01/03 QWest 100.52 10/02/03 Work Order Billing WO 45535 108.18 FALL MAINTENANCE CHECK 10/09/03 Work Order Billing WO 45788 103.48 PATCHED WALL, RECAULK,REPL TOIL SET 10/13/03 HOUSEKEEPING - CHARGE WO 45984 383.70 DEEP CLEAN 10/31/03 Monthly Management Fee 68.34 11/01/03 QWest 100.41 11/19/03 Holy Cross Energy - Electric 10.88 11/30/03 Monthly Management Fee 68.34 12/01/03 10/21/03 Carpet Cleaning 175.00 12/15/03 QWest 100.41 12/17/03 HOUSEKEEPING - CHARGE WO 46617 109.01 Check out service 12/19/03 Holy Cross Energy - Electric 10.88 10/03 Holy Cross charged in error 12/19/03 Holy Cross Energy - Electric 23.28 09/03 Holy Cross charged in error 12/31/03 Monthly Management Fee 68.34 PAYMENTS: 06/12/03 PAYMENT TO OWNER 73.93\ 0,4 1 06/02/03 Payment from Owner 202.66 , â‚¬08,0 07/15/03 PAYMENT TO OWNER 775.91 ~ 08/14/03 PAYMENT TO OWNER 2852.80- 09/18/03 PAYMENT TO OWNER 476.02 / 10/16/03 PAYMENT TO OWNER 267.26/ 01/12/04 PAYMENT TO OWNER 2486.92 SUB-TOTAL 19775.57 19275.57 TOTAL 500.00 , F i'72 r 1 ASPEN LODGING COMPANY, TRUST f 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 4/ ~nuary 29, 2004 PAGE 6 BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 9105 PARK ROAD INCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES UMMARY: - YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 0.00 INCOME 19538.75 19538.75 MISCELLANEOUS INCOME 0.00 0.00 RENTAL COMMISSION 6901.78 6901.78 HOUSEKEEPING SERVICES 1100.66 1100.66 MAINTENANCE AND SUPPLIES 441.68 441.68 MANAGEMENT FEE 546.72 546.72 TA COMMISSIONS 1841.84 1841.84 ASSOCIATION DUES 0.00 0.00 UTILITIES 805.17 805.17 - MISCELLANEOUS EXPENSE 670.72 670.72 PAYMENTS FROM OWNER 202.66 202.66 PAYMENTS TO OWNER 6932.84 6932.84 ENDING BALANCE 500.00 WORKING BALANCE REQUIRED 500.00 CUPANCY NIGHTS: Reg Owner 0/Guest Comp Other Total OCC % THIS PERIOD 103 28 0 0 0 131 35.9 YEAR-TO-DATE 103 28 0 0 0 131 35.9 r. ASPEN LODGING COMPANY, TRUST 747 GALENA STREET - 1 / , ASPEN CO 81611 / (970)925-2260 / February 2, 2005 PAGE 2 BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN MNT 2BR/2BA SUPERIOR 6105 PARK ROAD CINCINNATI OH 45243 ---*I:- ('FOR December 1, 2004 TO December 31, 2004 ~ INCOME EXPENSES SUMMARY: YEAR-TO-DATE CURRENT PERIOD r BEGINNING BALANCE 12.24 INCOME 33613.50 6159.00 MISCELLANEOUS INCOME 190.99Â© 0.00 - RENTAL COMMISSION 11702.08 2098.92 HOUSEKEEPING SERVICES 1483.10 298.27 MAINTENANCE AND SUPPLIES 2473.14~ 14 26.49 MANAGEMENT FEE 820.08 7\0. 68.34 TA COMMISSIONS 3608 .16 13-1/ 777.15 ASSOCIATION DUES 0.00 0.00 UTILITIES 1215.70 101.68 MISCELLANEOUS EXPENSE 28.50(~ 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 12473.73 <-5275.91 3 . ENDING BALANCE 500.00 Â£ pe ce,.kÂ· - WORKING BALANCE REQUIRED 500.00 I - 2005- te*- -6 10 - y- c- 16*-lz / f RESORIL LUEST. ~~ ~f-f VACATION HOME NETWORK- -.-*PEN / SNOWMASS December 5, 2005 Brendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2005 INCOME EXPENSES INCOME: Correct 39% Commission afterTA 1.35 RENT - ASPEN (9.6%) H352 74.00 Tenant: Gray 11/03-11/04 i Short Term Commission H352 28.86 RENT - ASPEN (N/T) H450 0.00 Owner : Brendamour Chilll/30-12/01 TA COMMISSION & CC COMMISSION 3.46 ' NET RENTAL INCOME 43.03 EXPENSES: 11/01/05 IRIS QUALITY CARPET CARE 180.00 STEAM CLEAN 10/29/05 11/16/05 QWEST 11/04 - 12/03/05 39.46 11/30/05 Monthly Management Fee 68.34 EXPENSE SUBTOTAL 287.80 NET INCOME AND EXPENSE 244.77 SUMMARY: YEAR-TO-DATE CURRENT PERIOD 1 BEGINNING BALANCE 149.84 INCOME 29838.28 4 . 7"4--01~ MISCELLANEOUS INCOME 0.00 0.00 MANAGEMENT FEES 9202.49-- 27.51 HOUSEKEEPING SERVICES 1377.39~ 0.00 MAINTENANCE AND SUPPLIES 631.154 68.34 PURCHASES AND MISC EXPENSE 628.36> 180.00 TELEPHONE 443.34- 39.46 ASSOCIATION DUES 0.00 0.00 UTILITIES 408.084 0.00 TRAVEL AGENT COMMISSIONS 3847.26 1 3.46 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 94.93 WORKING BALANCE REQUIRED 500.00 PLEASE REMIT $ 594.93 TO MAINTAIN YOUR WORKING BALANCE. 720 E. Hyman Ave. Aspen, Colorado 81611 Tel 970.925.1400 Fax 970.920.3765 1.800.22ASPEN THANK YOU. 747 S. Galena Aspen, Colorado 81611 Tel 970.925.2260 Fax 970.925.3305 1.800.22ASPEN 940 Waters Ave. Aspen, Colorado 81611 Tel 970.925.8450 Fax 970.920.3720 38750 Hwy. 82 Aspen, Colorado 81611 Tel 970.925.1500 Fax 970.925.9037 1.800.952.1515 16 Kerns Rd., Ste. 113 Snowmass Village, Colorado 81615 Tel 970.923.4700 Fax 970.923.4198 www.resortquestaspen.com www.resortquestsnowmass.com t: ...143.9. RESORILUESTÂ® VACATION HOME NETWORK-00~-< --ASPEN / SNOWMASS December 5, 2005 PAGE 2 Brendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2005 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner 0/Guest Comp Other Total OCC THIS MONTH . 1 1 0 0 0 2 6. YEAR-TO-DATE 99 62 5 0 0 166 45. 720 E. Hyman Ave. Aspen, Colorado 81611 Te! 970.925.1400 Fax 970.920.3765 1.800.22ASPEN 747 S. Galena Aspen, Colorado 81611 Tel 970.925.2260 Fax 970.925.3305 1.800.22ASPEN 940 Waters Ave. Aspen, Colorado 81611 Tel 970.925.8450 Fax 970.920.3720 38750 Hwy. 82 Aspen, Colorado 81611 Tel 970.925.1500 Fax 970.925.9037 1.800.952.1515 16 Kerns Rd., Ste. 113 Snowmass Village, Colorado 81615 Tel 970.923.4700 Fax 970.923.4198 www.resortquestaspen.com www.resortquestsnowmass.com 0\0 h Ul ----,7) RE SORTC~ESTÂ® ~COATESIREIDIWALDRON ~ RENTALS, REAL ESTATE, PROPERTY MANAGEMENT December 5, 2006 Brendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2006 INCOME EXPENSES INCOME: RENT - ASPEN (N/T) H450 0.00 Owner : Brendamour Chilll/03-11/09 RENT - ASPEN (9.6%) H450 490.00 Tenant: Mat 11/24-11/26 Short Term Commission H450 191.10 ~ RENT - ASPEN (N/T) H450 10.00 Tenant: Maintenance 11/27-11/29 Short Term Commission H450 3.90 RENT - ASPEN (N/T) H450 0.00 Owner : Brendamour Chilll/29-12/01 TA COMMISSION & CC COMMISSION 18.72 TA COMMISSION & CC COMMISSION 48.00 NET RENTAL INCOME 226.08 EXPENSES: 11/03/06 Monthly Management Fee 68.34 11/16/06 QWEST 11/01 - 11/30/06 38.96 11/30/06 HSKP CHGS ASPEN 125.18 11/10/06 CHECK OUT SERVICE EXPENSE SUBTOTAL 232.48 NET INCOME AND EXPENSE 6.40 Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800 22-ASPEN â€¢ Fax 970-920-2058 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 923-4198 DarnrtrhT=10*Aenon .nrn - Dornrtrlimettnnuirnace onrn RESORT-LUES L ~COATES<REID<WALDRON / ~ RENTALS. REAL ESTATE. PROPERTY MANAGEMENT / %' December 5, 2006 PAGE 2 Brendamour Children's Trust FASCHING HAUS UNIT #450 , co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 _ - --- FOR MONTH ENDING November 30, 2006 INCOME EXPENSES SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 434.88 INCOME 41587.45 480.00 MISCELLANEOUS INCOME 0.00 0.00 MANAGEMENT FEES 15367.33 255.54 HOUSEKEEPING SERVICES 2500.96 125.18 - MAINTENANCE AND SUPPLIES 1938.58 0.00 PURCHASES AND MISC EXPENSE 319.69 0.00 TELEPHONE 474.79 38.96 ASSOCIATION DUES 0.00 0.00 UTILITIES 0.00 0.00 TRAVEL AGENT COMMISSIONS 2793.42 66.72 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 428.48 WORKING BALANCE REQUIRED 500.00. PLEASE REMIT_$ _71 . 52__ID_-MAINTAIN__YOUR -WORKING BALANCE-.-- THANK YOU. . OCCUPANCY NIGHTS: Reg Owner 0/Guest Comp Other Total OCC % THIS MONTH 2 8 0 0 -2 8 26.7 YEAR-TO-DATE 131 63 13 0 -2 205 56.2 Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800 22-ASPEN â€¢ Fax 970-920-2058 Snowmass: RO. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 923-4198 ResortQuestAspen.com â€¢ ResortOuestSnowmass.com I . RE sORTQUESTÂ® 0-1 ~~~COATESIREIDIWALDRON RENTALS, REAL ESTATE. PROPERTY MANAGEMENT ~ December 4, 2007 Brendamour Children' s Trust FASCHING HAUS UNIT #450 , co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2007 INCOME EXPENSES INCOME: RENT - ASPEN (N/T) H450 0.00 Owner : Brendamour Chilll/03-11/14 Departure clean H450 204.00 NET RENTAL INCOME 204.00 EXPENSES: 11/01/07 MAINTENANCE WORK ORDER WO 86173 19.00 ADJUST AND RE-HANG SHOWER DOOR 11/08/07 MAINTENANCE WORK ORDER WO 86163 190.00 patch and paint downstr. bdr. /bath 11/16/07 QWEST 39.25 11/28/07 MAINTENANCE WORK ORDER WO 86772 76.00 NO HEAT IN #351 OR #352 11/30/07 Monthly Management Fee 68.34 EXPENSE SUBTOTAL 392.59 NET INCOME AND EXPENSE 596.59 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 583.64 INCOME 43905.40 0.00 MISCELLANEOUS INCOME 0.00 0.00 1 MANAGEMENT FEES 16267.05 C 68.34 HOUSEKEEPING SERVICES 2375.75 '404.00 MAINTENANCE AND SUPPLIES 1317.74 245.00 PURCHASES AND MISC EXPENSE 607.39 0% 00 TELEPHONE 475.36 39.25 ASSOCIATION DUES 0.00 0.00 UTILITIES 0.00 0.00 TRAVEL AGENT COMMISSIONS 4038.80 0.00 - PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 1180.23 WORKING BALANCE REQUIRED 500.00 PLEASE REMIT $ 1680.23 TO MAINTAIN YOUR WORKING BALANCE. Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800-22-ASPEN â€¢ Fax 970-920-2747 THANK YOU. Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 970-923-4198 Resort(luestAspen.com â€¢ ResortcluestSnowmass.com 1 If 11 If RESORT{lIESTÂ® -C OATES~ REIDI WALDRON i RENTALS. REAL ESTATE. PROPERTY MANAGEMENT \-3 1 /cember 4, 2007 PAGE 2 /Brendamour Children's Trust FASCHING HAUS UNIT #450 ' co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2007 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner 0/Guest Comp Other Total OCC % THIS MONTH 0 11 0 0 0 11 36.7 YEAR-TO-DATE 97 70 27 0 11 205 56.2 Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800-22-ASPEN â€¢ Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 970-923-4198 ResortcluestAspen.com â€¢ ResortQuestSnowmass.com . - RESORILUESTÂ® ~COATESIREIDIWALDRON 0~ RENTALS. REAL ESTATE. PROPERTY MANAGEMENT December 4, 2008 Brendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING (kovember 30, 2008 INCOME EXPENSES ~ INCOME: RENT - ASPEN (N/T) 0.00 Tenant: Renovations 11/01-12/01 NET RENTAL INCOME 0.00 EXPENSES: 11/18/08 QWEST 40.46 11/30/08 Monthly Management Fee 68.34 EXPENSE SUBTOTAL 108.80 NET INCOME AND EXPENSE 108.80 ' SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 768.19 INCOME <39273_201~ 0.00 MISCELLANEOUS INCOME - 0.00 0.00 MANAGEMENT FEES 16136.74 68.34 1 HOUSEKEEPING SERVICES 884.42 0.00 MAINTENANCE AND SUPPLIES 275.50 0.00 PURCHASES AND MISC EXPENSE 210.00 - 0.00 TELEPHONE 480.55 40.46 ASSOCIATION DUES 0.00 0.00 UTILITIES 0.00 0.00 TRAVEL AGENT COMMISSIONS -38.00 0.00 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 876.99 WORKING BALANCE REQUIRED 500.00 PLEASE REMIT $ 1376.99,TO MAINTAIN YOUR WORKING BALANCE. THANK YOU. 1,37 6 .9 R . 25 J . 1-_1 yr L M o J 30 -2 00-7 237 f. c ~ -5) A . 30 j. Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800-22-ASPEN â€¢ Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 970-923-4198 ResorrQUest.Aspen.com â€¢ ResortfluestSnowmass.com l . RESORf~JESTÂ® ~COATES~REIDI WALDRON / ~ RENTALS. REAL ESTATE. PROPERTY MANAGEMENT ,ember 4, 2008 PAGE 2 3rendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2008 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner 0/Guest Comp Other Total Occ THIS MONTH 0 0 0 0 30 30 100. YEAR-TO-DATE 77 23 5 0 229 334 91. Aspen: 720 E. Hyman Avenue â€¢ Aspen, Colorado 81611 â€¢ Tel 970-925-1400 â€¢ 800-22-ASPEN â€¢ Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 â€¢ Tel 970-923-4700 â€¢ Fax 970-923-4198 Resort(luestAspen.com â€¢ ResortagestSnowmass.com 0\Oom Res Duest Aspen*Snowmass & The Inn at Aspen 'Ii"IN#F .â€¢.at Â·Â·Li 38750 Highway 82 Aspen CO 81611 1/82.:- ~ f (970)925-1500 eÂ·. jfvember 3, 2009 Brendamour Children's Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING October 31, 2009 INCOME EXPENSES INCOME: Rental Income 726.00 Tenant: TOMPKINS 10/01-10/04 Clean Fees 204.00 Management Fee-ST 145.20 EXPENSES: 10/06/09 J&J Property & Landscapi WO 6304 38.00 CHECK HEAT 10/22/09 J&J Property & Landscapi WO 6425 28.50 DOOR NOT CLOSING-REPLACE BATTERIES 10/22/09 QWEST 41.72 10/01/09-10/31/09 10/31/09 PM Fee $/Mo. 68.34 SUB-TOTAL 726.00 525.76 TOTAL 200.24 i SUMMARY: YEAR-TO-DATE CURRENT PERIOD 1099 . BEGINNING BALANCE - : _ 500.00 - INCOME (~15484.~i) 726:00 MISCELLANEOUS INCOME- - - -- 0.00 -- ------ - ---- 0 . 00 - ---' MANAGEMENT FEES 3848.6:h 213.54 MAID SERVICE 4080.581 204.00 MAINTENANCE AND SUPPLIES 375.25[ 9347.9-u 66.50 PURCHASES 0.00 ( 1 0.00 TELEPHONE 447.72 \ 41.72 i ASSOCIATION DUES 0.00 j 0.00 UTILITIES 0.00 j TRAVEL AGENT COMMISSION 595.25/ ~ ~b~ 0.00 0.00 -- PAYMENTS FROM OWNER 99-4 0.00 ' PAYMENTS TO OWNER 1 89 C- 0760 4.* IAL 6 13 6 90 CHECK ENCLOSED FOR - f ill'D C 200.24 / : ENDING BALANCE 500.00 ,- 14 4-159&9 500.00 'WORKING BALANCE REQUIRED rofâ€¢61 OCCUPANCY NIGHTS: Reg â‚¬Uler O/Gue~ Comp Total Ke>J* 01 -7 -f-76 ya D '4 Oother TH![S MONTH 3 0 0/ 0 3 YEAR-TO-DATE 37 40 --~'-0~ 0 < 8 103 -31/ r t, 2/ ./31:'BI'lip 1,7 - I LIA 4 '2"13*211- Page 1 of 2 ~ary 27, 2010 Brendamour Children's Trust Fasching Haus #450 co Doug Brendamour Grantor 747 South Galena #450 6105 Park Rd Cincinnati OH 45243 FOR December 1, 2009 TO December 31, 2009 CREDITS CHARGES INCOME: Rental Revenue 2402.00 Tenant: Stafeil 12/15-12/22 Rental Commission 480.40 Rental Revenue 4464.00 Tenant: Lord 12/26-01/01 Rental Commission 892.80 NET RENTAL INCOME 5492.80 EXPENSES: 12/01/09 Qwest Acct#9709202624 046R 43.64 Phone svc 12/1/09-12/31/09 12/16/09 The Miners' Building #1028 10.89 Phone battery 12/18/09 The Miners' Building #1028 42.49 Wicks for humidifiers 12/31/09 Management Fee 68.34 12/16/09 Maintenance Work Order WO 130491 32.25 Replace phone batteries-power outag 12/22/09 Housekeeping Work Order WO 129870 185.00 Hskpg-Stafeil-12/15-12/22-CI,CO EXPENSE SUBTOTAL 382.61 NET INCOME AND EXPENSE 5110.19 PAYMENTS: L Z- 01/212-1#9--~ayTnent. To REBer ~=i185 :~~-3 024 / 3 09 PAYMENT TOTAL 4185.81 January 27, 2010 PAGE 2 Brendamour Children's Trust Fasching Haus #450 co Doug Brendamour Grantor 747 South Galena #450 6105 Park Rd Cincinnati OH 45243 FOR December 1, 2009 TO December 31, 2009 AVJMN Owner Statement PAFFU? 2 Im-1-~CA-1 24>01 t SUMMARY: YEAR-TO-DATE ~ CURRENT PERIOD / BEGINNING BALANCE Â· 424.38 l y Gross Rental Revenue i 9866.00,) 6866.00 Rental & Travel Agent Commiss 1373.20 1373.20 Management Fees 1 136.68 68.34 Housekeeping Services ~ 185.00 . 2 i wo .\90\ 185.00 Maintenance Service 1 /322.50 32.25 Purchases 1~al '1< 74.52 53.38 1 Telephone 88.29 43.64 Association Dues 0.00 0.00 Utilities and Insurance 1 0.00 0.00 Miscellaneous Expense 500.00 0.00 Payments from Owner 0.00 0.00 Payments to Owner 4185.81 4185.81 - 09 2.0 , O ' ENDING BALANCE Working Balance Required f 500.00 https:Usecure.instantsoftwareonline.com/OwnerLink/Owners/wfrmAVMAINStatement.as... 8/31/2010 02/18/10 09:58:25 IAS PROPERTIES OF ASPEN, V10.27 Page 1 Reservations Report For Arrivals From 12/01/09 To 04/30/10 For All Complexes - Fol/Blk Last Name/Block Arrival Departure Type Nghts Src Dp Rent -------- Brendamour Children's Trust co Doug Brendamour Grantor 6105 Park Rd Cincinnati OH 45243 Fax: (513)831-9277 FH450 Fasching Haus #450 52003 Stafeil 12/15/09 12/22/09 ST 7 TO Y 2402.00 52053 Lord 12/26/09 01/02/10 SE 7 IN Y 5208.00 52054 Leikin 01/09/10 01/18/10 ST 9 TO Y 2248.00 52055 Jaslow 01/19/10 01/24/10 ST 5 TO Y 1288.00 52056 Brendamour Chil 01/24/10 01/31/10 ST 7 *O N 0.00 52057 Powers 01/31/10 02/12/10 SE 12 TO Y 5437.60 52062 Brendamour Chil 02/16/10 03/01/10 ST 13 *O N 0.00 52063 Finnila 03/02/10 03/09/10 ST 7 IN Y 2605.50 52064 Brendamour 03/09/10 03/15/10 ST 6 *O N 0.00 53546 McNamara 03/16/10 03/21/10 ST 5 TO Y 2214.00 52065 Smith //<04/10/10 04/17/10 ST 7 *G N 0.00 Total 85 21403.10 3 I 221 -9 4 l,o L ce' 4 ' /210.- 3 } 23 ~ 19 --7 9 ) } Oil 19 .N . I' }t (i P E A r 1 E b f rÂ«. 1 > 1- A >, r AN E:\'Ch/sive Short-term Rental Management Agreement I-hiN exclusive Rentill N'lanilgemenl Agrecment (liercinalter rel'erred to ils the ''Agrecment") iN entered imo oil n %443#*R:-.-L-= zoo.1 1Jt:1,1 Cell -Jang, C. Glia""hdi (hereitiatter ret'erred to 85 the Thmer"). and Frins Propellies t.,fAspert. LLC. (liereinatter reAÂ·rred to a. the "Manager'3. Owner and Manager agree its 12,]lows: 1. Employmetic o f 1,1 1111:lger: The Owrier hereby employs tile Manuger ns ils exclusive mannidna rencal neent to mallage, pursuam te Ille terrns hereimilter contained: the Owner'i pr~perly locnted .1, lf)-1.-,-64\9%4,-IkÂ®lt,, Al~QM..CO--ZI611...... i htÂ·reinofict- refurred 10 03 the "Pri.,peny"). The Allitinger hereby accup[s me employment On the fullo,Ying lerms, 1. Term f, f the Agreement: Thii ilgrecmem 5111,11 become eflaive on -M*il_. 2(Jofl- and shall extend fur a period 01 â€žtie year. Thie AgreÂ¢ment shall Lizitainatically be renewed for successive oneÂ·year periods unless canceled in writing by either parly .it least 00 days prior to the ailitiverstlty ditic. If this Agreement is terminated for any reason during the term hercof. including tinÂ·cclost,re (ir silic 01'llie Properly, ilny advance reservation {5) Ihr Ilic ProperÂ·fy shall belong to Manager to be placed in a similar i , mid like kind property it' available. Manager shall make every ellor! to move stlid reservation (s) lo like accommodation fs). 11', however, comparable accommodations (5) are 1101 tivaihil}Ie, owner agrees m honor said rebervation (s) or indomnify and hold Miwinger bilrmless from all expenfek, cost, :ing[ clamages incurred by Manager or glies[5 13 a revullof i'cft:fal ic, honor :mid resen'iltion (U 1 Obligiltions of Monager: During the telin of 0,6 Agreeincm, the Manager shall provide the Owner with rental monitgement .crviees hereimifier described and shall ofier the Propert>' for remal ns 5pecified in seclion 3.1 In the perthiÂ·mance of the mitmigement responsibilities hereby assilmed, the Manager shall Imve the rights. ducies mid abligiltions specilled in thii Agreement. 3.1 Rent Schedule ami Policia,: The Managersliall chargca fuir. reasonitble and conipetilive rent for the Propem' to. in [lic Manager's business judgment. marimize the rental receims Ibr the Propeity, The Manager shall use diligence in obtnining ncellpants for the Properly and ill doing so shall be responsible for tile colleclion of rent, applicable taxes and service fees, Tile Manitger shall plan und operate n suilable rental program inch,ding tilarketing and promocional opeintions, which programs mny be . modified or expanded from time lo time. The Manager shall use its best efforts to markul the Pmperty co generate the highest rolital income market condilions will allow. Maimgor shall be responsible BiÂ· 111 negotiations, rates, discounts and terms with prospective termn,5. und shall hnve the right m execute mid cliter into relital agreeinellts on bcli;,11'01'Owner, 1-he Manager reserves titc right zo establish rates. discount mles, or eliminate illinimum lengths of stay, as it (leemb necessary lo maximiaÂ· property illcolile. 1 bc Malli,Ber will establish policies, which are inlended zo pron,ule thlÂ· good w[1 1 of guests arld prospeclive guests knowing how imp{11-!ant it is m all Ownet's lo receive good will mid repent customers. Thc Owner undersiands that their persona! liSe will biÂ· denied i/'the Ninmager has nlready confirmed dic Imit to a paying gtiest subjec[ lo the te,ins of this Agreement. The Malloger will rent and promole ollter properties sitnilar lo [Init of the Owncr's and will in all instances treat Ihe Owners I :thically and manage the unit inip,11'zi:illy, given similar circumstonces exist. 3.2 Milinlitint]Ce Und Hotisekeeving Services and Supplies: The Maringer shall provide ttleÂ· Properly will) 1,11 Dece.55ilry mlimenance and housckeeping service.5 inclliding maids, cleaning cquipmen!, transportation for workers when necessaly, orid shall Innke or supervise such repairs and maimenance Services to the premises as may be advisable or negessilly in order to mummin thu ... Properly, furniture.. and furnishings in a safe und optimal condition. TIle Matiager bltall purchase all supplies necessary for Ille deconiplishmeni of the above responsibililies and pay the expenses on behalf of and expensed to the O,vner, provided 11}ut tile Manager agreeS 10 secure the prior approval of the Owner for ull expenditures in exceis of 3500.00 for any one ilem. except emergency repairs. ifin the opinion oftlic Manager such repnirE nre necessmy to proteel the premises from damage or to liminutin berviccs to the leriants as calicd for in Ille rentill agrcement. The Manigger sholl Chm'ge for all serviccs listed above as outlined in rection i 3,3 Inspection: The Molinger shall inspect tile Property on a regil|[tiÂ· basic \vhen lirloce'lli,ied and make n diligent effort to 9-,-mect the premises :tuilinst [Itimage by ulilily Ihill,re. Ille elemems. vittldalism, Lind possible irregillitritics, which might lic ku ullental lo the Properly und to monitor tililities m save on utilities expense. The Mariliger will inspect ilic Property after each p.Â·ntal gue:1 for major Appliances und will 1101 invelilt)17 ;111 acce>sory ilen,5 (Ir ort. In the event Ill'has. replaccment of these item:. 1.. ;he re:ponsibility of the propelly owner. 3.4 Manager's Insur:Ince: Throughout [he tenn ol'this Aercement, the Mitilayer nurecs to cover Ull the emplo>-ecs r,Ahe Manager wilh adequate Worker's Compensation Insttrance. wid to cilroÂ· a comprehensive gencral liability insurance policy. J.. ecord Keeping und Monthly Accounting: The Manager shall provide the Owmer, 0,1 or about the 25111 duy ilfu:r ilte ctid of'ench calenditr month. a statement 01' income and expenses for the properry for the precedlitg calenclar mon,11. Subject m the other provisions of this AMJecment, Any such statenient indiearing a net credit due Zo thi: Owner shot! be accompanied by u Â·.-heck for the 1111,01111{ of such credil excep[ the Manager may mainlain n S GOD working cupital balittice in the Owner's i:t lÂ·011111. The Manager may request ofthc Owner an increased working capital deposit if the Owners inÂ·ernie monthlyÂ· expcti:,es cÂ·.ceed this working capital amount und Ille Owner agrees to promptly pity 11)e additiot,al itinniml requested. In the event ilic cÂ·q,enses chargeable to the OuÂ·ner exceed the income collectcd by thu Manager, the Owner agrees to pay the Manager the CaceÂ» m,ount evithin 3(1 ditys |ct|lowing receipt of Ihe monthly stalement. The Owner ticknowledges that all interest on working Capitill deptihilb will go the Manager. In (Ile event there is no enntiniling income due the Owner und (}le Owner'; deficit remains unpaid atier .,0 days fil' receip! 01' this gittement. there Will be i: 1-1/2% per month (1 8% per annum) mlerest clturge added lo ilic [icxt 4.1 k I l l e 11 1. Under no circutllstmlces shrill the Manager be linble to the Ow,ler :trimy rent as long as the Muntiger 11;15 ncled in good Ihith in Ille et,ltection of ;111 rents ellie the Owner. 3.6 Unimid Fees, Expenses und Reimbursements: [f luci, expenses, 011(L'or reimbursements or other (0415 (lue to the Momiger have been billed lo the Owner but ore linpaid, al[ such sums shall conslitilte a lien on ilte Owner's real properly do. Cribed iI) Illis Agrecnietil imcI tlic persollitt pri,periy contailled lhorcin, Any sticil lien shilll attach from the ditte ofille l'ailure of 11:tyment 01 the fue. expense, or reimburscmenl and muy be enforced in like manner iii inortgage or deed of trust on real properly or a security interest ill persoital property. af appropriate. subsequent to the recording of' a notice or claim ti,creof. In imy foreclostire procceding. the Owner shall be required w pity to the Manager 011 w,pitid fees, expenses. or reinlburacments c|liring the period of foreclosure including bial Mot linliled 10 CD5tjs und reasonable nitorney':i fues, and ihc Owner and Elle Mitnager shall be entitled m a receiver to collect the saille, I Ile rights tind remedies 011[lined herein shilli be cumulative and nothing hercill shall be constrited to Cm,Htitute a waiver 10 all,rogation of any right the Manager nmy have to n personal oction flgail,5[ Ille Owner or to mechanic'S lions. equitable liellb, 01 u(her licm, ilgilinst IRC OW'nci'*5 propully. owners bills [or ossessments Dnd utilities with respect to the Property slmt! be pilid by Matinger frilm funciA that Intly be held by Man:wer un behalf of Owner or from funds paid by Owner. Manager retains the right to discontinue paying said titilities should Owner Inilintain w de lin quent account wilh Manit ger for more th un sixty (60'}days, If the owner n mintains a delinquent account fur inore 111:m sixty (60) dityf after the last statement (inte or is otlicnvi,ge in breach of this agrecinent, the maringer may tennimite this agreement upon tert ( 10) days written notice to the owner. Manager shull not be responsible for rlic properly if utilities ar: disconnected for nort-payment by the (,wner. 3.7 Owner Reterral: All full pliced rasurvations procured by tile Owner for hi> propeny, or any other properly Ilitinaged 1,>Â· che Munager. shall be comnlisgionable. The O,mershall receive a 1056 commission by Imving the renter contact the Manager. tiving the Owner'S littl,le and ilecoiliti number when therescrvationismode. At! Stlcil commissions shnll becredited to Ihe Owner's Immt|lly stillemetil. 4, Obligotions of Owner: During the term of this Agrcemenl, 1110 Owncr sliall havÂ¢ the rights, duties und oblig:itions ils follows: 4.1 Owner lind Owner Guest Occup:meles: Aspen area properties are usually reserved far in advance. Thus, to insure maximum occupancy 01'each properly, the Owner is rcquested to rintily Manager by returning the Owner's calendar (,t' intended lise - 01'the Properly by tlic ft,Hou'ins dates: Notifictition Date Use Period February I April 16-November 15-summer season July I November 16-April 15-winter season i pot} pricir :ipprc,vill or after tilese tiolilication dittes. the pruperly will begin lo be remed. Withow regard to the above notification d.::tes. tile Owlier mily lise [he propelly ill Imytimu it is not 011!cnvise conimitted by notif\'ing the Manager. but such 41.Sage iN subject ~:Â· prior rent:11 commitments, The Owner ngrees !0 inform Ihe Miwinger of till Owner (ir Owner guest â€žCcupillicies and Owner understallds ,|litt ;111 retilals mlist go through the Malmgor. for which Ille Mnitager will be irdid Ihr rellm| commission specified iii !:Ds agrcement. ille Owrier is obligated to pay the Matinger the contrnclual rental commisslon 11- the Owner renls the propert> directly. Owner agrees to be resporisible ihr all direct and con:iuquentiol costs ;ind or dilitiageS incurrod as u restilt 01' |laving to ti,ove any ,Â·ental guest lo nnother property, compensnte said rental gueN ft,r (lisplacement, 10:;5 of blisiness or proli!. or claninge 10 the Manager's reputalion :Lf a result o r Manager being unable to honor saill reservilli{In. Owner acknowledges limt Ilie amount r,f lise by Owner. Chmer's family iwid or Owner's gliests may adversely impile{ Nlitmlger'k â€¢,plitnimityÂ· to rent the Propere. Owner acknowle(Iggs [lint Nlanager makes 11,1 gllarantee. warÂ·,annes, or represclitations as co ille (!timber of rental nights or iltliount of rental income ro be gencraled. Owner shall not permit liny person or pcl'ions lo emer the PIÂ·operty williout prior coot'(|inatioll throw,gll the Manager. Mnnuiter shall 1101 be required to rely on any verbal or lele'llic,Ile mitruelions With respeci to imy occupancy ol the Propert:Â· by Ownur or Owners' guest.9. IliÂ·., Ownwr mid Owner guest?, will he sul,ject m tile Name check-in mid check-out time'$ upplicable to rentill guests. Any devintion It-um thehe times must be apprt)ved by the Milnuger. The Owner will be respoligible lor any extn, colils ilic,11*red by Ilic Mitung:cr 1,ecatise of'the Owner< delayed depanure. 4.2 FurIiishings; '1'hu Owner agrees to pr(,vide nlid Iwininlitin Ille property 05 41 top qualit) reson rental liccommudilligâ€¢n .:tid the Mninger is granted ille right lo make reasonable reconitiendmions to the Owner concerning dic condilion ol the properly, including bul nol limited m furniture, lixtures, appliances, drupcries, decor, wall and tlootÂ· coverin-5, lighting, arid related or like items. Owner undersmnds Illat tile Manager nitty elect not to rem [lic imit sliould tile condition deteriontle below tile Matiager':, itandard for similar units and the Owner 1':lils to Inke correctiye action after written notification from Ille Nlatillger. Owner acknowledges tlial Mamiger him established a unit rating progrimi zo insure the quality 01' renial properties and Ilmt the Propeny is subject to inspection on n periodic basis M Owner's expensu m insure complianee with rental 5tandards. Upon reasonable notice Owner cir}e 5 agree to promptly- inke Nuell steps is Manager deeins necessary to bring the Property lip to industly t.liinditrds and Manager'S guideline5 as estnblished in tile rating system arld Propeity inventory. 4.3 0,Â¥ncr's Insurance: Owner slitill ctirry fire, casitalty, :ind liability lidlinlice on the Properly in un adeq,mle [imount w cover imy and 1111 losses. crefuallies, and linbilities including. lim not limited [o. propeny damage. pei'sonal injury :in(Vor death. und lotal destruction of the Properly. Proof o f insumnee sholl be provided by Owncr, 10 Mimager. however. Owner's failitre m provide stlch proof o f insurance shall not be deemed n wiliver of Owner's obligation.s to mnintain slich insumtice. Owner tigrees to include renters insurance und loss of rent;,1 income. -1-lic OuÂ·ner slitill advise the Owner's insurance carritÂ·rls) thrit Ihe Owner is renting the Premises. 1 he Owner liekby acknowledges tlint nal all in:ittrance policies cover short-lerm or lonsÂ·term retiring of premises, and thar the Manitgur has nclviscd the Owner to discuss Ille zipproprinte Insumnce coverage with the Ownor'; insurunce agent The Owner litnher acknowledges thilt in the event thill tile Owner hag not oblained appri,prime insurance coverage fur short- lir lung-tcm renling of the Propeny, Ihe Owner may be personally liable ror claims inade against me Owner in the event (11'loss or damate. The Ouner shall provide the Manager with a copy 01'the Owner'5 insurimcc policies. The Owner shall be re:iponsible for imy nod all damages lo their Properly or per:ional property contained within Ilic Propeny front whatever calisc. The Manager will assist the Owner hi the put*Wit of colleclion Rjr the reimbursemont for any damages, bul the Mimager will not be liable or resporisible for and such damage or loss. Beemise Mt:migcr cannot be held responsible for Ilist (,r st,blen items the Owner may wish !O secure valltables in n locked owner's closet or cabinel. 4.4 Tax identiric:Iti(In Number: Oiviler shall provide to Mitmiger a valid lux identification number upon execution 1,1. this Agreement. 4.5 Utility Billing; Owner shall pay ull utilily bills permining lo the Properly zihen clue. Alitimger will, upon recuipt of Owners written request, pay utility bills Air Owner. [ f lite Owner elects lo have Manager pity utility bills. the Owner must provide the Manager with sullicient operaling funds lo pay bills: such deposil shall be refunded to Owner upon termintition of this Agreement. Owner is responsible for ille transfer of billing for 011 litilities and vendor services upon the wilil.ination 01' this Agrcenictit. 5, 601:111;,gettlen[ Cnmi,enintion :ind Other Fees: As consillerannli for tlte Miumyer'b service:, pruvided It,r ili this Agi'cellium. 1!w 1. limawer shall receive a percentage of lict rental receipu and n momhly matmgcment lev. 5.1 ilerit:,1 Commi;sion :112(1 Fees: The Owner agrees to puy the Manuger the c<â€žImlission designated in Section 1 5 1,11 ;111 nut cullucted rentill revenue and louise ofthe propurly, services 85 011[lined in Pitragrat,11 3.-2 mid 05 detailed in Section 1 8. Net remal revenue is defined as gross rental reventle less commission of Irave] agents. tour whole:inlerS, Reallon, credit curd fees mul mher similitr sales cominissions, 11!c Owner acknowledges 1!Wit the 6-Infinger has Realton; wor!:ing :15 independent cotirtitcme; whi, , 11, y provide rental reservations and :Ls stic h will be paid n commis:,ion. I bc Owner acknowledges thal the Manager will I.cup all advance deposit money in an inicrect bearing escrow dop{}sit accoum lind Elint till inter,51 unined on Ellitt Accotint will go lo the Minaucr. Tlic Owner will pay me Milimscr the contrilet commission specified V - in thib .Â·\greement il n tenant prncured hy tile Mannuer reÂ·rents ille Ownerf Property. 5,2 Hourly fees und supplies: The Chvtier agrees lo pa>Â· the NI:Inager for all houM> work ilt rlic rates ourlined Ell .11,;,clied i.,Itibit -A" which may be :idjusled from yeatÂ· to year â€žith prior notice. 1-he Owner agrees lo pay expenses incunrd by the M:Inager. touctlier with a ten percent ( 10'5,) fee, in providing and supervising conmicted ullaide services, ful,filies. muteriuls und lite like. The Manager muy hire jubcontractors on an hourly basis and bill the Owncr m Manager's applic:ible hotirly billing rates. 5.3 M,inthly Fee: In liddition. ilie Owlier agrees lo pity :, monthly Ibc of S 100 to defray the ennisto provide hectirity checks, accolinting and i}dinitibiraliveÂ· personnel during permds of non-rental. 1110 inonthly management fre may be adjubled fium >cor lo yellÂ· with pfior notice, 6, ilighl of Access: -Ille Mantiger sh[Ill ll;ive ticcess to the properly (luring reasonable holirs :1~ lim> 1)e liecess:try lk,r tlic inspection. mainlenance or making ofertiergency repairs, It is Ihe Manager's duly In represent the Owner in acquainling them with ille lules und regulations upplicable to the rroperly. 7. Elilire Agreement: This AL:recmellt conlains the emire ogreement of Elle partioN with re,Spect 10 1|le transnetiolls Cilntcltilliwed und shall not be modified or amended except by an instrument in writing sigtied by,ir on behall t,f fill purties hercio: provided. howevor. nothing comained licrein shall prohibit an additional, supplemental, verbal or written 111;recmcil[ for compensation for Ille N.lanager s performmice 01'additional or supplettlent,71 services, 8. Sticcessor or Assigns: This Agreement :iliall be binding upon the parties hereto, their heirs, perbonal representatives, sticcessors and ilshirm~ but not upon n milehasor for value of the Property from the Owner. 1,). Stile or Properly: The Owner agrees to nolilk the Manager in %,riting befure lizc unit is listed lor snle, In the event the propert>Â· i; sold or leased with lin oplion to purchose chiring the lerm of this agreement, [1115 agreemem shall tenninale upon fimil closing, 1,61>Â·Inem Of Ute balance due the mumiser Â·.ind subject to till confirmed rentals. The Owner itgrecs that uny :sale contract or [unfe nplkin shall he Nubject to all confirmed reservations ond limt the collmlet for 50!0 shall hind purclmser to 11(mor all confirmed re:ervations. In the event that the Owner (locs not bind the purchao to such renels. the Owner shall be liable l'or :ill cxpenses, damages. clitims und losses ineunÂ·eck including attorneys' rees, us n result of any failure to honor these rentals. The Manager shall - use reasonable e[R,rt to Inove reservations whenever possible, but will not move a coillirined giten if the move will be detrimental m the gues, or comparly, The Owner will notify the Manager in writing prior to closing ofthe inten(led closing date and will pay, uny balalice dite the Nlanager prior to closing including thÂ¢ contractunl zvorking copital deposit. 10. Promotionul Usc: The Mmiager shall hnve the 1150 ofilie OwÂ·ner's Properly lar promotion:11 ptirposes m no charge for a maximum of seven days in any twelve-month period, In every caw, paying reservalion:; and the OKÂ·ner'& use shall take precedence Over Auch pramotional use. All expenses relitted lo sual promodonal use shall bc paid by Ihe muJulgement company, 11, Guverning Lnw; This Agreemelit shall be governed b>Â· and con*ued and enforced in :,ccordance wim the limÂ·s o f the State of Colorado. m the event of u dispille betiveen the parlies arising out t)for related m this Agreement, the parties agrec tlint Coloratlo q!,all have jurisdiction over said dispute and Ihe venue shall be Pilkin County. Morcover. the prevailing pally in such n dispme shall be enlitled W its Â¢0615 and reasonable attorneys rees. 12. Witiver: The I'liilure 01'Imy part>Â· to entbrce al anytime itity oillic provisions hercof shall not be constnied to be a waiver of' any right Of such party thereafter to enforce such provisions and eitch mid evenÂ· other provision hereof. 13. Ntittire 111. the Relittimiship: Nothins in this Agrce,1,4.zit ;liall efitislittite the Omjer and the kltinger i,nlliters or in any nlunner render either liable for lile obligationb olhhe other unleÂ» expressly jet forÂ·111 herein. The porties nelin(*ledge (hul die rehiliullship establislie[1 betweun them is one in which Frins Properties of Aspen. 1.1.C. is acting ns the M;imiyer for tile rentill (li Ille O,Â¥tk'f> prt,116Â·11>Â· and for the perl'ommucv DI'cermin filliclions ancilinry to buch rental. 14. hutemnity or Milnnger und Artorney:s Fees: Owner ligrces to indenmify, defend. protect and hold !11!rnile.s M;mager frum any und all losses. clnints: costs. damages. expens(5. dulnund,. judginents or the like. including utiomey'S lacs and orher expense.. 01* litigmion. reusonably incurred In connection with any claim, liction, juit or proceeding to which Manager mny become involved by renson 01' linving been n Manager plinutint to this Agreemenx. This indemnity shall Include any Mnd all losses or liubilit>Â· incurred or claimed by uny person or entity from ;inv and all cll,ims l'or (17111nges, eMpenses, lass fif prot}erty by theft cir mhenvise. illitiD- cir damages lo properly, iniur>' or den!11 to any person. from nily cause whatsoever excupl lortile willful misconduct (Ir grok> negligence: 01' Mtulager. iti servants. represenlatives or employees, This indemnity shal! survive thÂ£ expintion fir tenilination 01 this AgreemenI by any party thereto. 1 5. Cit'nlilities: The Owner dou5 hereby acknowledge thal tile Manager Inay request the glics, to pily n 6.39-1, hen'ice fee 10 CompelinkÂ· the Mant,ger'5 employees untl to defray the Manager's cost m provide newspaper delively. bilthrolies. on demillid Mtilspilrl;,lit,11 ;ind 01]Er benÂ·lecs 1101 covel-ed under the Mimtiger's t'ec paid by Ille Owner. The grittitily ii nut collsidered pmÂ·1 0 f ilic 21-ou tÂ·ental incume 4 delined M Paragraph 5.I. 16. Gtiest Inftirtinitkin: Thr 0*vitur ack:ki,irledger that iii] gurst itil'urmation, Inthiditty Sue,1 oddrcbsci mic! plionc fliltilber.9. will mlinin M ;111 times tile propelly 01' tho Manager, Under no eirculnst:mcub will ilie Manager be {,bligated to discloie {his exnet infonmition to che Owncr. It is ;icknowledged ilint tile Miwinger pays Ilic cost m aequire ;md milimain this infornintion Col' t|,c benefit 01'the Owner: however, this intormittion is u. ed Ihr tile benelll (,fllie Owner only m tile Mallityer'A discretion. 17. Reetillinlenclation or 1.egill CoilnEI; An ;Ittorney for the Mamigur has prepared this Agrcelnelit. By signing tile Agreentent. the OnÂ·ner acknowledges that it hos been :lflvised thut Ellis Agreement lus imporiant legul conseqtlencek ntld has hild the opportimily Il) Ccinsâ€¢111 wit legal, tiix or other comiscl before signing this Aircemum. Accordingly. in the uvent nny claim i5 made b>Â· any pi,rly re Inting ta imy con nict. wnission or ambiguity in this Agreement, 110 preemption or burden o f proof' or peM,insion Nhall bu implied hy virtite ill'llk lucl that Ihis Agreement w;B prepared by (in almmey for the Munager Pel'stinli l G 11:trtintee: For youd ;md villuuble vonsidention. the undersigiwd joitilly, severally. primarily. ind uneunditionally gitarantee the full und limul>Â· perronnÂ·unce or all Ownefs coveliants, lerms and agreements under ille Agreentent and :igree to puy lili fees and costs and niher ninounls to be paid by Oiwer hereunder. rild to Iltly all drimilgey. costs or other liabilitieR incurred tty Matinwer in eonnection with uny Owncr's delillill under the Agreement. Thls ls n concilluing Guaraillce nild thc obligntions u f zile imdersigned shilll not lic nflbcted by the renewal. modification or extension of me Agreement. or ally of 115 lenus, ner shilll Mannger be required to [irst proceed ligaipst Owner wilder tile Agreemen!, baff,re proccuding liguinst the Iinderfigned. under this Gimmiltee. The undersigned shall joinlly ;ind severally he liable for and pay the Manager R,r ttil cosls ;ind expcilses in embreing this Outinunee. inclitding attl}rlloy'f ct~9 fOr JA'Ma c. ciiAMMI-14'y Dnte: 1, 12 04 IN WITNESS THEREOF. the plinics hereto knve exectited Illis nureement on Ihe datÂ¢ lirst #61 111rth nbove. MANAGER; Frias Properties of Aspen. LLC. 730 EuM Durant Avenue Aspen, Colorado &1611 970-930-2000// ww,v.friaspr911Â£01:i.-nrF-- f . , Am:i uit\~r: Of 16, Short Tenn Rental Agreement Summary 40% of the net retital reve:Iue plus a Inolithlv :imniteement fee. Manager will provide. 0 1Â·lealth club access. Â·> Airport NÂ·MS],tinittion. Â·> Ci,inprehensive internation:11 ind rintional marketiny and sales progrim. Â·> Rental reli,red housekeeping litbor. Immdn.Â· und buppliws * Rental related mnintenitnce of h hotir or less (inchides key cutting. light hulb chimging. toilet plunging. placing shower doors back on track. vacuum belt repair, guest insmÂ·uction on tippliance operation. tilditening towel racks). ,> Periodic seemity checks when Properly is unoccupied. * Professional front desk lind concierge services. Â·> 24-h(nur sti,ff. 7 doys per week, 0 Ttill I'ree rescrvation5. <â€¢ Monthly accounting statements. The Owner al).forbs their net share o f travel aget,Uwliolesaler or rea|tor reit,Tal commissions. nel shire of credit card fees, major maintemince, firewood. snow removul, lirilities, owner housekeeping~ owner laundry und owner supplies, sprin*/fall deep clcans and maintenance inspection checks, carper and window cleaning. appliance, electrical or plumbing repairs, Aspen Centrol Reservations' dues and Chambur fees. 19. Owner Informlifion: In order for our records to be complew and for us lt, be able w contact >Â·ou nt :in>Â· lime m ent;e (11 emergency, ple[,se till 0111 the form below. (Please print) N:Unc: 1 ANÂ·el C. (3'I Ami\id' spouse: JAMet %714491\6!4 M,iiling Address : 1199 Quffil BAFÂ¢e,t ci'y: -Nswrovq Gel@...,,.-,_ stttle: _EA- zip 91660 }.iume ieleplu,â€že: 911 -9.9*. .. -38Â£... Work Te lephonv: fl.fl_- 155- - 3231- Cell: . . 1Â·'m Numbe r- lit - '59- . 30 90 e-mail addiÂ·e:is: ---M-2.-Meng_Awds . C.0141 FED ID: SS No,: â‚¬EK -_ 3Â£_.Â·Ie.L Bank Branch __ -_,...-_.. Depo:;il Account No. CO-OW-!}er: Telephone: Properly Inkirmation: prnpeny.Address: 1â‚¬1 9. 64(ovia AH:1Â·" Aifei, Câ€¢ tt.6 11 Property Code: Unit Ne.: 1~4Â·0 Telephone: Alarm CD: Teleplione: - Code: Inst mttle e. Tek'plielle: ~ Â· PolicY: Vendor |11[ornmtion: Caretaker; 'relephone; Sprinkler : Tulepholle: - Snowplow: Te }Upholle: . 1Â·lousekeepur: 'i 'ele phone: .--I---- . Spit/Pool: 'Nlephone: - E luctrk i~~ir -1 elephoms __. Â· Â· Control Pimel: Plumber: Telephone; - . Hunt Type: La;ldscitpe: Telephone: ___- EXHIBIT "A MANAGEMENT FEES 2009 RENTAL UNITS *> l BEDROOM $80 PER MONTH * 2 BEDROOM $90 PER :\,R).E77Â·/ *3 BEDROOM 31 DO PER.iWONT/-/ * 4 BEDROOM 57/0 PERMONTH * 5 BEDR(-}ONÂ·f $ 1 20 1> E R MONTH NON-RENTAL CORE 4 1 BEDROOM .5 /50 pER &/ONTH * 2 BEDROOM $200 PER MONTH O 3 BEDROOM $250 PER ;WO.YTH Â°> 4 BEDROOM $300 PER MONTH 4 3 BEDROOM 1350 PER MONTH NON-RENTAL NON-CORE *> 1 BEDROOM 1200 PER MONTH *2 BEDROOM 5300 PER MONTH + 3 BEDROOM 3400 PER MON111 * 4 BEDROOM 2500 PER.WOATH 4 3 BEDROOM $600 PER MONTH HOURLYSERVICES: *> Al,011,WEN.#NC'E SERIUC'ES $ 43.00 PER HOUR 4 A-UlNTEN.Â·jNCEAFTER HOURS SERVICES .S 85.00 PER HOUR 4 HOUSEKEEPING SERVICES $ 38.00 PER HOUR *> ADMhki.W-R.,iT/ME..IS,57.W,WNTS $ 70.OOPER HOUR * OWNER REPRESENTATIVE $ 80.00 PER HOUR * STAFF ACCOUNTAME.5 $ 80.00 PER HOUR 4 CONTROLLER $ 1 00.OO PER HOUR *> PROPERT)' A-LÂ·!N.40Â£'R $100.00 PER HOUR * GENER,4 L MAN..1GER $]65,00 PER HOUR * l' iÂ· 0 1' 14 Kll lÂ·(> t.1 i Owner Release 2009 Please rentekilber thal check our time is 10 a.m. ,411 late checkouts must be confirmed through the .From Desk. UNU 4* 90 ( )'.1Â·}let'-( htÂ·,le,Â· (''mi,Â·i ,Â·\''ame AnÂ·h,cd Dme Depurture Date :20 5 41,152:7024:M â€¢='s L I,mâ‚¬9% +14:* FrÂ¥*in'yod' *04:**' lit'â‚¬272%0â€¢*,41,2,<INâ€¢,PJa.CSÂ»,h Owne//Chiner Cil/Â£'St Name .Â·!ddre.Â¥j .-1,Â·rival Date Deporture Date i : 4.: 8 I ie u v.$ 11 i.i &1.1:, 12 '4:le .U v I * %1 9 9.i:**U: Â¥ w Â¥n:'Â©.11:. I I Â¥ I.:n 8. a ' I ()11'}lei'/03$'}ler Guest Name .Â·tddrers Arrival Dace Depormre Date 1/u==r:,im n / /04=/:": 8 134% / 1,09.4,0 e fcâ€¢*i* Ir tio / I *F. B*,6Â¥* :i' uÂ»It*â€¢:0 2- 03&'Her/Owner Gue./ Name .Â·Ida'/Â·e.r., Anival Date Departure Date 0 4 . 4 . I Â¥ 41 Â·' * 9 * 4 8 v .Â·3 9 4,3. . + > -â€¢ I ...6...... ... 4, a ... : 11..1...11: 9 2 : I . %1 I mt I. S . 9 9 4 4 I ' 21 36 2 ... I I . hi,ic/ersmnd tho; by sig,ing helow, 1 hm'e reh,(,sed mt' /1,7#,wiv,for re, 11,7, excemfor the flates / hrn,e indicated above. Fâ€¢Wpll 0~"el. signonFF ji~ -0 Meds# Unite,~ Dille TJW{)9 7--c-- You are welcoole Yofax this form back to us ni (970) 920-2020 REÂ° A-n"r' ,TIESTÂ® VACATI O August 2, 2006 Jim Gianulias FASCHING HAUS UNIT #440 Box 2990 747 S GALENA STREET Newport Beach CA 32658-9018 FOR MONTH ENDING July 31, 2006 INCOME EXPENSES INCOME: Correct 39% Commission afterTA 256.68 RENT - ASPEN ( 9.6%) H440Â· 1179.00 Tenant: Tamm 07/01-07/04 Short Term Commission H440 459.81 RENT - ASPEN (9.6%) H440 3213.00 Tenant: Bershadsky 07/06-07/15 Short Term Commission H440 1253.07 RENT - ASPEN (9.6%) H341 270.00 Tenant: Bugg 07/20-07/22 Short Term Commission H341 105.30 RENT - ASPEN (9.6%) H440 2142.00 Tenant: Johnson 07/23-07/29 Short Term Commission H440 835.38 RENT - ASPEN (9.6%) H342 100.00 Tenant: Paul 07/29-07/30 RENT - ASPEN (9.6%) H341 135.00 Tenant: Davis 07/29-07/30 Short Term Commission H342 39.00 Short Term Commission H341 52.65 TA COMMISSION & CC COMMISSION 658.15 NET RENTAL INCOME 3892.32 EXPENSES: 07/31/06 HOLY CROSS 06/09 - 07/13/06 48.77 07/04/06 Monthly Management Fee 68.34 07/07/06 QWEST 06/25 - 07/24/06 93.51 EXPENSE SUBTOTAL 210.62 NET INCOME AND EXPENSE 3681.70 747 > l.Â·11'11.1 ht IciÂ·l A.1,1 n. CO 'illill 1 '170.~135,231,0 I'')70.425.22t,4 t' I\: 11â€¢, Vil,1 1.I 1 I t,t J -EL kl....1 SORI-UUEST VACATION HOME NETWORK -9Â©k- 3eptember 4, 2006 Iim Gianulias FASCHING HAUS UNIT #440 30x 2990 747 S GALENA STREET Tewport Beach CA 92658-9018 FOR MONTH ENDING August 31, 2006 INCOME EXPENSES NCOME: Correct 39% Commission afterTA 44.78 RENT - ASPEN (9.6%) H440 714.00 Tenant: Beard 08/03-08/05 Short Term Commission H440 .278.46 RENT - ASPEN (9.6%) H440 641.60 Tenant: Johnston 08/05-08/07 Short Term Commission H440 250.22 RENT - ASPEN (N/T) H440 0.00 Guest : Brendamour 08/07-08/13 RENT - ASPEN (N/T) H440 0.00 Owner : Gianulias 08/17-08/20 TA COMMISSION -& CC COMMISSION 114.82 ET RENTAL INCOME 756.88 XPENSES: 08/31/06 HOLY CROSS 07/13 - 08/14/06 51.25 08/01/06 Monthly Management Fee 68.34 08/07/06 QWEST 07/25 - 08/24/06 93.72 08/21/06 HSKP CHGS-ASPEN ; 13.00 8/17/06 ARRIVAL SERVICE.~ 08/21/06 HSKP CHGS ASPEN Â·Â· 13.00 8/07/06 ARRIVAL SERVICE 08/26/06 MAINTENANCE WORK ORDER WO 77243 9.50 08/30/06 HSKP CHGS ASPEN 112..00 8/20/06 CHECK OUT SERVICE XPENSE SUBTOTAL 360.*81 ET INCOME AND EXPENSE 396.07 747 5. Galina S[reer Aspen. CO 81611 Â£ 970.925.2260 f 970-925.1264 IWW.AESORTQUEST.COM jp=Q RE SORT-UUESTÂ© ~ COATES I REID I WALDRON RENTALS. REAL EJTATE. PROPERTY MANAGEMENT October 5, 2006 Jim Gianulias FASCHING HAUS UNIT #440 Box 2990 747 S GALENA STREET Newport Beach CA 92658-9018 FOR MONTH ENDING September 30, 2006 INCOME EXPENSES INCOME: RENT - ASPEN (9.6%) H440 1572.00 Tenant: Enslow 09/01-09/05 Short Term Commission H440 613.08 RENT - ASPEN (9.6%) H440 1370.00 Tenant: Mayer 09/13-09/18 Short Term Commission H440 534.30 RENT - ASPEN (N/T) H440 0.00 Owner : Gianulias 09/18-09/24 TA COMMISSION & CC COMMISSION 83.34 TA COMMISSION & CC COMMISSION 213.68 NET RENTAL INCOME 1497.60 EXPENSES: 09/28/06 HOLY CROSS 08/14 - 09/11/06 37.78 09/01/06 Monthly Management Fee 68.34 09/08/06 QWEST 08/25 - 09/24/06 93.73 09/26/06 WO 77106 - charged to H341 on 8/06 9.50 stmt EXPENSE SUBTOTAL 209.35 >1-ET INCOME AND EXPENSE 1288.25 Aspen: 720 E. Hyman Ave. Aspen. CO 81611 Tel 970-925-1400 Fax 970-920-2058 1.800.22ASPEN Snowmass: P.O. Box 6450, Snow'mass Village, CO 81615 Tel 970-923-4700 Fax 923-4193 www,resortauestasoen.com www. resortguestsnowmass. com ~ CORRECTED (if checked) PAYER'S name, street address, city. state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115 RESORTQUEST ASPEN*SNOWMASS 37523.00 546 Mary Esther Blvd Ste#3 $ Fort Walton Beach FL 32548 2 Royalties 2@08 Miscellaneous Income (970)925-1400 $ Form 1099-MISC 3 Other income 4 Federal income lax withheld Copy B S $ For Recipient PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Metical and health cafe payments number number 84-1509471 558-46-1701 $ RECIPIENTS name. address, city and ZIP code 7 Monemployee compensation 8 Substituke payments in lieu of dividends or interest This is important tax Jim Gianulias information and is being furnished to the Internal Revenue $ S Service. If you are 9 Payer made direct sales d 10 Crop insurance proceeds required to file a 55.000 or more ol consumer return, a negligence Box 2990 products to a buyer penalty or other (recipiant) for resale >0 $ sanction may be 11 imposed on you if this income is Newport Beach CA 92658-9018 i-Â· '- " -'-- '- '--' - -- taxable and the IRS Account number {see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines tliat it H440 payments an attorney has not been reported. 150 Section 409A deterrats 15b Section 409A income 16 State tax withheld 17 State/Payer's state no. 18 State income 1............,...........C.4.-25.72.9................%.......... $ S $ $ Form 1099-MISC (keep for your records) Department of the Treasury - Internal Revenue Service ~1 CORRECTED (if checked) PAYER'S name, street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115 FRIAS PROPERTIES OF ASPEN, LLC 3929.37 730 E DURANT $ Miscellaneous ASPEN CO 81611 2 Royalties Income 2@09 (970)920-2000 Form 1099-MISC 3 Other income 4 Federal income tax withheld Copy B $ : $ For Recipient PAYER'S federai identification RECIPIENT'S Identification 5 Fishing boat proceeds 6 Medical and health care payments number number 84-1541802 558-46-1701 $$ RECIPIENT'S name, address, city and ZIP code 7 Nonemployee compensation 8 Substitute payments in lieu ol James and Janet Gianulias dividends or Interest This is important tax information and is being furnished to $ the Internal Revenue Service. I f you are 9 Payer mode direct sales 01 10 Crop insurance proceeds required to file a 1105 Quail Street $5.000 or more of consumer return, a negligence products to a buyer penalty or other (recipient) lor resale â€¢0$ sanction may be 11 4~ ,/.1 --- ~i~y,-/ 112 ~ -- - -1~Â· --~ ...9.: ~ imposed on you if Newport Beach CA 92660 this income is -Â·- - 5-- - 'Â· taxable and the IRS Account number (see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that it FH440 payments an attorney has not been reported. 152 Section 409A deferrals 15b Section 409A income 16 Stale tax withheld 17 State/Payer's state no. 18 State income $ $ Form 1099-MISC (keep for your records) Department of the Treasury - Internal Revenue Service U CORRECTED Of checked) PAYER'S name. street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115 ResortQuest Colorado LLC 17716.21 546 Mary Esther Blvd Cut Off S Ste 3 2 Royalties 2@09 Miscellaneous Income Fort Walton Beach FL 32548 (970) 925-1500 $ Form 1099-MISC 3 Ollier income 4 Federal Income lax withheld Copy B $:S Â· For Recipient PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Medical and 11Â·:Â·allh Cafe payments number number 84-1509471 558-46-1701 $ RECIPIENT'S name, address, city and ZIP code 7 Nonemployee compensation 8 Substitute payments in lieu 01 dividends or interest This is impor'tant tax Jim Gianulias information and is being furnished to the Internal Revenue Service. tf you are 9 Payer imade direct sales 01 10 Crop insurance proceeds required to file a Box 2990 55,000 or mole ol consumer return, a negligence products to a buver penalty or other (recipient) for resaleÂ» E $ sanction may be 1-14%1.--~3-8,.--6-~,~'~----'~it -13...Lilt-~6ift)-tti~f- imposed on you If Newport Beach CA 92658-9018 ~n- 2-'' 3,Â· Â·Â·' ..~ 3'- "'~'~-: =:' 0,Â· t.Â· - :'E' "' 9-'.1 -'i: "=-1'- -'-; '1- taxable and the IRS this income is Account number (see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that it H440 payments an attorney has not been reported. 150 Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 State/Payer's state no. 18 State income 04-25729 $ $ Form 1099-MISC (keep for your records) DeparÂ·lment of the Treasury - Internal Revenue Service ~ CORREOTED (if checked) PAYER'S name, street address, city, state, ZIP code, and telephone no. 1 Rents OMB No. 1545-0115 1 FRIAS PROPERTIES OF ASPEN, LLC 20104.40 730 E DURANT $ ASPEN CO 81611 2 Royalties 2010 Miscellaneous Income (970)920-2000 Form 1099-MISC 3 Other income 4 Federal income tax withheld ~ Copy B r $ For Recipient ~ ~ PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Medical and Ile.alth care p.i'j'ments number number O ' 84-1541802 558-46-1701 $ RECIPIENT'S name. address. city and ZIP code 7 Honemployee compensation 8 Substitute paymenls in Irou ol James and Janet Gianulias dividends or interest This is important tax information and is being furnished to ~ the Internal Revenue Service. If you are 9 Payer made direct sales of 10 Crop insurance proceeds required to file a 1105 Quail Street 55,000 or more ol consumer return, a negligence products to a buyer penalty or other (recipient) lor resale >m $ sanction may be 11 4--J , '791. .46.;,54 k.';r. 12 Uf---4~= , : -(.iP:.-- 6- imposed on you if Newport Beach CA 92660 this income is '- -: '-Â·3- --Â· ' Â·'~ -:-- ~Â·- taxable and the IRS Account number (see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that it FH440 payments an attorney has not been repoded. $ 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 Slate/Payer's state no. 18 Slate income $ $ $ $ S Form 1099-MISC (keep for your records) Department ol the Treasury - Internal Revenue Service 9NllIVIN 380:138 S>INI 1NV1919313 1Â¥3 ISA b13dVd ONO8 WaSÂ¥1 830 NO VS'n NI 03WnlOV:!ANVIN C j 6 1 j 1 1 }1 if 1 Nk' 11 Written Response to Review Criteria For Variance from the Residential Design Standards Criteria 26.410.020 Dla: "Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it it used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted" Response: The attached proposed window system is best suited for the building and location for the following reasons: 1. Attached is the proposed window system and several alternatives that meet the residential design standards. Clearly the proposed window system looks best and fits in this application. The alternatives would not look very good. I believe the writers of the design standards realized that in a gable application non-orthogonal windows look best. That is the reason they made this exception to the rule "a single non-orthogonal window in a gable end may be divided with mullions and still be considered one (1) non-orthogonal window". If it was not for structural reasons, this whole window system could be designed with mullions. 2. The non-orthogonal window system fits the building design with rectangular tops of the fire chimneys, rectangular side gables of roof, rectangular bracing structures on stairways and angled beams. See attached drawing of the building indicating these architectural features. 3. It should also be noted that this window system is on the top floor above a long roof section of the building which limits any visibility of the window from the street and surrounding area. 4. The window system also fits the area. An adjacent building "5th Ave" is known for its non-orthogonal designs incorporated into its complete building. The adjacent Fasching Haus West building has non-orthogonal designed windows in a similar application, which we understand a variance was previously allowed when that unit was renovated. Criteria 21.410.020 D.1.b: "Be clearly necessary for reasons of fairness related to unusual site-specific constraints". Response: These unusual site-specific constraints exist related to this project: 1. The existing roof blocks/limits the ability to install windows close to the floor of the unit. Note: the main viewing portion of the window must be installed 4 ft off of the floor level of the unit. 2. The railing for the walkway that wraps the unit also blocks the lower view from the windows (also chimneys on the roofblocks lower views). This makes it necessary to have a wider window viewing area as high on the gable as possible because the lower views are obstructed. The proposed design offsets the negative of the viewing obstructions. Given the above it is necessary for reasons of fairness to allow a design which has higher viewing at upper levels. Views are important, especially when justifying the large cost of renovation. C ') f -9 1 2: Iii 1 2 ~1121 f- f 0 / / Lee k.O 2241- T =I'I -1 C . J . 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~ EXTERIOR ELEVATION SCALE: 1/4' - 1'-0~ 1140 SC. FOOTAGE 1-1 1 -,- Ij 11 H/zk*<z-xxhA-* - - ti I 1 - - _L -- - lilli 811111111 I 11 I l i I #Al-Lu LLIHI 111lillI 1 79 0 440/450 FASCHING HAUS EAST CONDO EXTERIOR ELEVATION SCALE: 1/4" = 1'-0" I 0 Â¥40 5O + / 4. 46. 6- t- 6,AL Ner' ar v.. 4 - b. 0 9 '~0. 4117* ;AC Q< J L A 5 -- InÂ»~ --23=x --r#A Ill -4 1 1 1 lili lili 1 [ 1 1 1 - O . I b 11111111% J I 1111111 4 -1 Fl 0 0 0 0 440/450 FASCHING HAUS EAST CONDO EXTERIOR ELEVATION SCALE: 1/4" = 1'-0" 1. 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CH~ 04â€¢,i.-WIN Â·â€¢liwo, WrÂ¥..C.iÂ¢c, Hi~aâ€¢WO Aâ€¢Â·IÂ¥WV.. -1-,W.-O, ./-1,/ .......O 04 .....1â€¢ I '.011.... 1//crY \ \ ......â€ž.0.1.-Al'.. 1Â¥"....iN.1113 ...I-,-elv,0.....1.6.... .* , 479.7/4:=.9*= \ t"v.90......1.111,1-01 .N9/,UOI USNOO /DNIC)IM.1 1, 4 s 44,1 3 ..V.V.,0.04'V .1*.â€ž- ..m.'.9.".0.11Â¥.-V... .11 L.H..0.-0....r,0 .EFEEFFEE== 4104 '11111.1 â€¢lai,1, #i,1,-i wva~,I 1.-, 40 .0, 1.-1- 11 - ./ M',,f Ool tr,Of:'M 006 , e-e 9 4.Â©C. 1 ~L -0 05# 1- I , I â€ž06 SNIHOSVi VNBITVO 'S OL Application for Zoning Approval from the City of Aspen For Renovation and Reconfiguration of Fasching Haus East Condo Unit # 440/340 and Condo Unit # 450/350 3/24/2011 Application Index 1. Overall Description of Project 2. Deposit 3. Proof of Ownership and Project Street Address/ Legal Description 4. Land Use Application Form 5. Signed Fee Agreement 6. Pre-application Conference Summary 7. Applicant Letters 8. Vicinity Map 9. Redevelopment Multi-Family Housing Exemption 10. Residential Design Standards 1 ' - ij 1 -111 [ .~1 ~h 49 1.11 1-1 Inl rt 1 1 Overall Description of Proiect The owner of Fasching Haus East Unit 350/450 has contracted with the owner of Fasching Haus 340/440 to purchase their unit contingent on being able to reconfigure and enhance the two separate units. The proposed project is to do the following (See drawings enclosed of both original and new proposed floor plans): â€¢ Create two (2) new condo units by combining the fourth floor area (450 and 440) into one unit, and the third floor area (350 and 340) into one unit. â€¢ The new Fourth Floor Condo (450 and 440) unit will be enhanced as follows: o Ceiling will be opened up and beams will be boxed in. (see attached picture) o Glass window system will be installed overlooking roof towards downtown Aspen/Red Mountain. o New door on Galena side will be installed so the unit has two fire exits from main living area. o New modern kitchen will be constructed in rear of unit, looking out towards window views. o New bedroom and bathrooms will be constructed. â€¢ The Third Floor Condo (350 and 340) unit will be enhanced as follows: o Install new kitchen and sitting area. A double door will be installed and a new large TV cabinet will be constructed, creating a den/living room. Install all new doors and flooring. Install quality crown molding throughout. Create fire and noise separation between the two units by framing in spiral stairs which will exit to common hallway. 000 0 C-2 1.--4. - 6/ AÂ«-Fl 00 r. 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F 'int-01 11 */1 ,~ 1 1 113[PEÂ¢r,j~Â·~~-~.,- ,-< 1 -- 12jfif - -1 ' l dERÂ»7,.â€¢ ..u~,m W,_. 9/' 1' 6 ~~ ~~ ~ ~ ~~ ~~~3~_~ ,35-LU 1 11 - 11 --1-f f , unr o - f Mis- 0,1 1[jo N ; 11 EYEYE] -4- an 1Â©121 1 11 T 1. - 4 4 A -@ I. m 1 t 41 1 1 1.1 D' : 1 11 :-- 1;-4,0 91; .r-" r--~-1 ic---1'-~1 ZE'Il E.:*, -' L--7 5- r lai t. - 54 . & ;--- c 3 - _211~ - ------ 3'i'Â·J''t~~ r.(102?:r g ):e~~~Â·'4*1â€¢'iNavu'/*~Â·'sÂ·,tÂ·'v .,4.' ./.9 I ' I, 1 1 41,42%0 1 24 1 1 C AJO 39'-+ 6 1 - C 11 11 . 1==4 --- .C==7 17.-3. 1:-\ /J 17'-OR -1 4 - REN e BEDROOM - r, = - .' Tn--T-- . I I E WASH/1 DRY / g S k= , 8.-9. 3 ./ X .-I = 4---~~~ EL] 1 LIVING ROOM f o p IT = OOJ 9 = 9.-4. 1 20'-14- El ' / KITCHEN 3'-7- 04'-4- / . ='C , LL_ 11 11 11 11 11 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~-~ FLOOR PLAN SCALE; 1/C = 1'-0~ 1149 SO, FOOTAGE WARDROBE 6 39.4 6 ,-1 |' '| ..'I/" || :r -t- 1\ /1 I 14'-11A- 17'-6 V 99 DEN ~ t f\t BEDROOM , * 1 4 ------ F--V/-1 ----- 1~ -P - KITCHEN A 7* 4 BATH 11 0* . ~ |+ 100-4' / 3>-6 1, . fl. U (Va -I[V BE EXISTING BATH FWil -1 r .2'-1'~ 15'-1~ 14'-11K A2'- 1~ I , / + BEDROOM ~ CO* MON $ BEDROOM 42 \P . W / ==6 11 11 .11 ., r-----1 N--- liz= ----+ 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT ~ FLOOR PLAN SCALEÂ· 1/C . 1-0~ 1049 SO. FOOTAGE TELEVISION CABINET il vv -2-31Â»99, 3-2 C = -:- 1 "'b=.ill I I 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~ EXTERIOR ELEVATION SCALE: 1/4~ - 1'-0- 1149 SO, FOOTAGE . k#2972 . AUA 9 9~ ir; f Zi 4 Â¥9. 1 3 4 : 1111: f 1 .Iii '' 111 J 3) Proof of Ownership The project involves two condo units in the Fasching Haus East building located at 747 South Galena Street, Aspen, Colorado. The ownership and legal description of the units are as follows. Also enclosed is the following: Unit 1 (450/350) Ownership- Douglas P. Brendamour Children's Trust Legal Description- Condominium Unit 350, Fasching Haus East, a condominium, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794. Proof of Ownership- see enclosed warranty deed dated April 15,2003. Unit 2 (440/340) Ownership- Jim Gianulias Legal Description- Condominium Unit 340, Fasching Haus East, a Condominium, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at page 794 and amended by instrument recorded March 17, 1975 in Book 297 at Page 142. Proof of Ownership- See enclosed Purchase Contract dated February 21, 2011 to purchase unit contingent on items listed on Addendum B to contract which must be exercised on or before May 2, 2011. Also see enclosed Commitment for Title Insurance Dated February 15, 2011. Cl-17 OF ASPEN d f 1 1% c#.22Â·33 -1-A OITY OF ASP- WRETT PAID HRETT PAID DATE REP NO DATE REP NO. 0, 845-2- +22Â·03 -92. 0~%451 WARRANTY DEED THIS DEED, made April 15, 2003, Between PASCAL BESMAN and LINDA BESMAN of the County of , State of NY, GRANTOR, AND DOUGLAS P. BRENDAMOUR CHILDRENS TRUST, GRANTEE whose legal address is : 6105 PARK ROAD, CINCINNATI, OH, 45243 of the County of , State of OH WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: CONDOMINIUM UNIT 350, FASCHING HAUS EAST, A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded ~~ June 26,1969 in Book 241 at Page 794. r 481743 Page: 1 of 2 0 - illiHilluillutililillilliHilinlitullill lillill 04/22/2003 04:162 SILVIA DAVIS PITKIN COUNTY CO R 11.00 D 71.50 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of the presents, he is well seized of the premises . above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plura!, the plural the singular, and the use of gender shall be applicable to all genders. EWITNEss._WidERQEÂ®9 grantor has executed this deed. g_Lul-_ 93 54*A#1,5-PLL PASCAL BESMANE LINDA BESMAN STATE OF N,960 rK ) _ COUNTY OF dew *rK 7 The foregoing instrument was acknowledged before me this 21 day of ~2*(7 ,2003, i by PASCAL BESMAN and LINDA BESMAN. 94-1 WITNESS my hand and official seal my commission expires: cy Notary Public SETH A. RUTMAN _ Notary Public, State Of New York No. 02RU6061669 Qualified In New York County 1 Commission Expires July 16, 201.> 481743 TRANSFER DECLARATION RECEIVED 04/22/2003 HIBIT "A" 1. Taxes for the year 2003 not yet due or payable. 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record. 3. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin as contained in Instrument recorded April 13,1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29, 1965 in Book 211 at Page 344. 4. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 5. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 26,1969 in Plat Book 4 at Page 5. 6. Terms, conditions, provisions and obligations as set forth in Letter of Understanding recorded January 18,1996 as Reception No. 389215. 7. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389216. 8. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389217. 9. Terms, conditions, provisions and obligations as set forth in Ruiesand Regulations recorded January 16, 1998 as Reception No. 412615. Huum#Num,MN#mum,1 *&2;2:16P 481743 SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 71.50 '> ah $ O t; it; UJ I 1. Co 03 m " 1 11 - 0 1 1- 3> 1 2. 6 1 C 30 1 44 O J U 1 1318 E & 17 KEAMs ROM, 634 124 HOPKINe AvENuE PO Box 6699 1~ BJ*ADAMS AND COMPANY Asi*x, CO 81611 SNOWMASS VILUGE. CO 81615 1=*2- r Real Estate on Higher Ground (970)-922-2111 (970) 923-2111 F.u (970) 920-2927 FAx (970) 923-2927 3% 10 1 'VI The printed porlions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS[-8-10) (Mandatory 1-11) I 1 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHO JLD CONSULT LEGAL AND TAX OR OTHER COUNSEL 3 BEFORE SIGNING. 4 5 - CONTRACT TO BUY AND SELL REAL ESTATE 6 (RESIDENTIAL) 7 - 8 Date: Februarv 21. 2011 AGREEMENT 9 10 1. AGREEMENT. Buyer, identified in Â§ 2.1, agrees to buy, and Seller, iden ified in Â§ 2.3, agrees to sell, the Property described 1 1 below on the terms and conditions set forth in this contract (Contract). ~ 12 2. PARTIES AND PROPERTY. 13 2.1. Buyer. Buyer, 14 DOUGLAS P. BRENDAMOUR CHILDREN' S TRUST 15 , will take title to the Property described below as O Joint Tenants O Tenants In Common Â® Other 16 TBD prior to Clogina 17 2.2. Assignability and Inurement. This Contract Â® Shall DgiMINAt be assignable by Buyer without Seller's prior written 18 consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, 19 successors and assigns of the parties. 20 23. Seller. Seller JAMES C. GIANULIAS 21 , is the current owner of the Property described below. 22 2.4. Property. The Property is the following legally described real estate in lie County of Pitkin 23 Colorado: 24 Unit 340, Fasching Eaus East Condaminiums 25 known as No. 26 Fasching Hans #340/440, 747. S. Galena St.. Aspen, Co 81611 27 Street Address City State Zip 28 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of - 29 Seller in vacated streets and aileys adjacent thereto, except as herein excluded (Propedy). 30 2.5. Inclusions. The Purchase Price includes the following items Unclusions): 31 2.5.1. Fixtures. If attached to the Properly on the date of this Contract, lighting, heating, plumbing, ventilating and air 32 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, 33 plants, mirrors, floor coverings, intercom systems, built-in kitchen a#pliances, sprinkler systems and controls, built-in 34 vacuum systems (including accessories), garage door openers including 1 all remote controls. 35 Other Fixtures: 36 flat-screen and/or wall mounted TVs and high speed Internet access lines, if any. 37 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the 38 Purchase Price. 39 2.5.2. Personal Property. lf on the Property whether attached or not cn the date of this Contract: storm windows, storm 40 doors, window and porch shades, awnings, blinds, screens, window cov 2rings, curtain rods, drapery rods, fireplace inserts, 41 firep]ace screens, fireD]ace grates, heating stoves. storage sheds, and all k~ys. If checked, the following are included: 42 0 Water Softeners Â® Smoke/Fire Detectors O Security Systems O#ntellite Systems (including satellite dishes). 43 Other Personal Property: 44 PREPARED BY: Douglas L Nehasil, Broker Associate cOy Â·oft CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commissio 1 ReaFASTÂ®Software, Â©2011, Vanion 6.18. Sollware Registered to: Michae! B. Adams, BJ'Adams & Company ~ Mor-- Page 1 of 13 Buytrls) .# Lb 02/21/11 17:35.13 U Seller(sl - all appliances, furniture, furnishings, accessories, kitchenware, linen and artwork described on a precise inventory of same, which shall be provided to Boyer on or before Title Deadline and which shall be subject to Buyer's satisfactory review on or before Inspection Objection Deadline. 45 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal 46 property taxes for the year of Closing), liens and encumbrances,616* 47 n/a 48 Conveyance shall be by bill of sale or other anplicable legal instument. 49 2.53. Parking and Storage Facilities. Â® Use Onlly O Ownership of the following parking facilities: 50 those a=urtenant to Propextv. if anv ; 51 and E Use Only O Ownership of the following storage facilities: 52 those ampurtenant to Propertv. if anv 53 \\15>6*hUAR10~44*6WtÂ·WABARAThil&,\1&6!dite\*ih&1*16%&&2:18,&\42tWi#!th:\ 54 - n/a 55 \\*hy\*2(&:ViAÂ»tbhhiNAMb&WephabA\IlhhkaAM'2.&\*kld\\\\\\\\\\\'1~)&HEkGblkt\ANI?chbMibiallhatdfu#t. 56 \\1Â»thk\Ird*UhtbAMbli'iAbchbAU?:AfehhaMmO,MUNhAMrbh\WuÂ»)+Mihh"&61{Nbhhatld,AAÂ»duWbalhUM'to 57 \\ShÂ»Â·Xmli)MMdeb&thAds\thht\N'&&&4,bN'th'bb't~BWEWell\ihbtrMil,Tht,Adityâ„¢eW'dr~0\1>binbhti&&Â§6,1,Â»WeWall 58 \\HeW#AbklihdrYiM,h@iM&*Ath&4#phAN,611)ENBRio\862,~01&3ihij,&P41~6ehinkbfh'OA4[Mrinit,NbMY&Adie 59 \\#Wi.\NUA&*ihil*bhN\RekbubbhdhWihthM]\4?th PhAtDGrhadI:>it,&*\AMAA@r\RUD\!ba#On\#1*3&00*Wn\'of 60 \\NhhAMPUsWee&*1*hibhhYNA#hhamhbaih#16!AN*dtaidhlorÂ¥*ls\ihk\*21!~RMn\(Ukknat*N UNÂ»'ti,&&6*'of I - 61 \\4}abibh.4/hb'Â¢ed*\*tiMANoMdih#AUdsMÂ¢,eÂ»ibkkhh6iblebtibA.Wil*hbW,&2,;Mbh,\36*r'shhiliilatifablm 62 \\Mth'th&Efi*ikibh\&,Mih'5102Â¢BEA*Aftdr'OlbhihbSTA*WdiARdrhti&*ts n/a 63 \\2>411\|~WiNbAN)@amb#}AMM 64 n/a 65 \\2)4\1\!il*ikbAYÂ»\\\\\\\\\EkS&*66'khp 66 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time 67 and other restrictions for transfer and use of the tap. 68 2.6. Exclusions. The following items are excluded 0Exclusions): 69 as noted on inventorv described above in Â§2.5.1 and in Â§2.5.2. 70 3. DATES AND DEADLINES. 71 Item No. Reference Event Date or Deadline I Â§411 Alternative Earnest Money Deadline 2 days after MEC Title and CIC 2 Â§ 7.1 Title Deadline I - March 14, 2011 3 Â§ 7.2 Exceptions Request Deadline March 14, 2011 4 4 8.1 TitIe Obiection Deadline May 02, 2011 5 Â§ 8.2 Off-Record Matters Deadline March 14, 2011 6 Â§82 Off-Record Matters Obiection Deadline May 02, 2011 7 Â§ 7.4.4.1 CIC Documents Deadline March 14, 2011 8 Â§ 7.43 CIC Documents Obiection Deadline ~ May 02, 2011 9 6 8.6 Right of First Refusal Deadline May 02, 2011 Seller's Property Disclosure 10 Â§ 10.1 Seller's Property Disclosure Deadline March 14, 2011 5 \\\\\\\\\\\\\\\\\\\\\\U \Â£68,Ahha'OMik\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ k \\\\N\\\\\ \\VAh\\\\\\U \\\\Adar\Ahbti&\ibla&?dlihh\\\\\ \\\\\\\ \\\\\\\ \\I\Ad\\\\\\ \\\\\\\\\\\\\\ I \\\\ta\\\\\\4'62\\\\\\\, \\\\MatiGNAdiNbAAMbJR}Re\\\\\\\\\\\\\\\\\\\\\\AM\\\\\\\\\\\\\\\\\\\\ ' \\\\NA\\\\\\4'6&\\\\\\U \\\\Bh-#224(tkNit'16&4*khfihA,Efehanhali\\\\\\\\\\\\AM\\\\\\\\\\\\\\\\\\\\ i \\\\NA\\\\\INPAA\\\\\\\~\ \\\D}*Af"ARANBARbi'Orbal}qÂ¥16?ghhfid~AN,&81}i?ei,\\AAA\\\\\\\\\\\\\\\\\\\\ i \\\\NA\\\\\\Fr\6%4\\\\\\\\ \\\\MatiN*AbhiM*bheybhtlbe*UNhA\\\\\\\\\\\\\\\A,U\\\\\\\\\\\\\\\\\\\\ i \\\\Del\\\\\\1Â§,59*\\\\\\\,\\\\1&*rhtihjbhbhaw.'b:hhahs,OBibbtlo,ADMdthÂ·A:\\\\\\\\UA\\\\\\\\\\\\\\\\\\\\ , \\\\PA\\\\\\Ebld\\\\\\\, \\\\AbitrAINhhieb)diphka*A'DdaNNA&\\\\\\\\\\\\\\\\17&\\\\\\\\\\\\\\\\\\\\ t\\\\\\\\\\\\\\\\\\\\\\V \Al,?,MihiN\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ , \\\\NA\\\\\\4\0,11\\\\\\, \\\\ADIÂ¢,IMs'&1#68811*le\\\\\\\\\\\\\\\\\\\\\\\\\\\Abek\\\\\\\\\\\\\\\\\\\\ ' \\\\NA\\\\\\5~411\\\\11' \\\\Al,Â¢,MAkeblaibh'OdiMWAA\\\\\\\\\\\\\\\\\\\AU\\\\\\\\\\\\\\\\\\\\ PREPARED BY: Douglas L Nehasll, Broker Associate OBS1-8.10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL), Colorado Real E5!ale Commission ReaIFASTÂ® Soltware, Â©2011, Version 6.16. Software Registered 10: Michael B. Adams, BJ'Adams & Company Â· 02/21/11 17:36:13 1241845)- 114'age 2 of 13 1 1 \\\\\\\\\\\\\\\\\\\\\\\i\9~hwk\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\1 1 \\\\2[k\\\\\\4,0'6\\\\\\\I \\\\&*Ah*Dehar,86\\\\\\\\11\\\\\\\\\\\\\\\\\\AAA\\\\\\\\\\\\\\\\\\\\ I \\\\11\\\\\\\4~06.11\\\\\I\\\\50&&*Ut#82,*hy)&*nihb\\\\\\\\\\\\\\\\\\\\\Aa\\\\\\\\\\\\\\\\\\\\ Inspection and Due DiIigence 22 Â§ 102 Inspection Obiection Deadline I May 02, 2011 23 Â§103 Inspection Resolution Deadline May 04, 2011 24 Â§ 10.5 Property Insurance Objection Deadline May 02, 2011. 25 Â§ 10.7 Due Diligence Documents Delivery Deadline March 14, 2011 26 Â§ 10.8.1 Due Diligence Documents Obiection Deadline May 02, 2011 Closing and Possession 27 Â§ 12.3 Closing Date *Additional Provisions 28 Â§ 12.1 Closing Documents Delivery Deadline 5 days prior to closing 29 Â§ 17 Possession Date Closing Date 30 Â§ 17 Possession Time following Closing 31 Â§ 28 Acceptance Deadline Date March 01, 2011 32 6 28 Acceptance Deadline Time 5:00 pm, Mountain Time 33 Â§2.5.2 Inventory Deadline (see Â§2.5.2) March 14, 2011 34 Â§2.5.2 Inventory Review (see Â§2.5.2) May 02, 2011 72 73 Note: Applicability ofTerms. A check or similar mark in a box mean~ that such provision is applicable. The abbreviation 74 "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (Â§ 3), means that the 75 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of 76 this ContracO means the date upon which both parties have signed this contract 77 4. PURCHASE PIUCE AND TERMS. 78 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 79 80 Item No. Reference Item Amount Amount 81 1 64.1 Purchase Price S 870,000.00 EEW?iMHEHE?2?i;Hi:!:Filiti?EH#2% 82 2 Â§4.2 Earnest Money IE..i--..Evi...%138..fi~*2 s 1,000.00 83 \\rA\\\Ilill#*Lk\\\\\\\\\1,1,%0562:A\\\\\\\\\\\\\\\\\\\\1@1%*~!EKN-%~GN*KiÂ®*A\AAA\\\\\\\\S\\\\ 84 \\PA\\\\\\\\\\$4.b\\\\\1\ \\)6hihhAR#*Amhtnhba\\\\\\11\\\\ Li-k-XY(X-Â©fl-A'%'1-kiÂ»A*\\MA\\\\\\\\\\\\\ 85 \\\A\\\\\\\\\4XXY\\\\\\\\\Shn&#At#AhMAK&&68ihA\\\\\\\\<Nhickli:%:%11(%:g.41*16%1%\%\2.\\]W\\\\\\\\\\\\\ 86 \\PA\\\\\\\\\W,\\\\\\\\\\AXA\\\\\\\\\\\\\\\\\\\\\\\\\\\\WW\\\\\\\\\\\\\'.\\MA\\\\\\\\\\\\\ 87 \\\A\\\\\\\\\Wâ€¢\\\\\\\\\\AXA\\\\\\\\\\\\\\\\\\\\\\\\\\\IM/MI\\\\\\\\\\\\'.\\AAA\\\\\\\\\\\\\ 88 8 Â§43 Cash at Closing ,::-~KillfittijiB#ird....Ii),f.it#*ititijji. :i 869,000.00 89 9 TOTAL $ 870,000.00 $ 870,000.00 90 91 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of check/wire (see Addendum) 92 shall be payable to and held by Pitkin countv Title (Earnest Money Holder), in its 93 trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the 94 parties mutually agree to an Alternative Earnest Money Deadline (Â§ 3) for its payment. If Earnest Money Holder is other than 95 the Brokerage Firm identified in Â§ 32 or Â§ 33, Closing Instructions signed by Buyer, Seller and Earnest Money Holder must be 96 obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize delivery of the Earnest Money 97 deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money 98 Holder has agreed to have interest on Earnest Money deposits transferred lo a fund established for the purpose of providing 99 affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest ] 00 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 101 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of 102 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (Â§ 3). 103 4.21 Return of Earnest Money. If buyer has a right to terminate this Contract and timely terminates, Buyer shall be 104 entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in Â§ 25 and, 105 except as provided in Â§ 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or I 06 other written notice o f termination, Seller agrees to execute and return to Buyer or Broker working with Buyer, written 107 mutual instructions, i.e., Earnest Money Release form, within three days ofSeller's receipt of such form. 108 4.3. Form of Funds; Time of Payment; Funds Available. PREPARED BY: Douglas L Nehasil, Broker Assoclate CBS1-6-10, CONTRACT TO BUY AND SELL REAL ESTATE {RES]DENTIAL). Colorado Real Estate Commission Rea[FASTÂ® Sottware. Â©2011, Version 6.16. Software Registered to: Mid'lae] B. Adams, BJ'Adams & Company Buyercs) #F b 02/21/1-1 17:36:13 p~[13 i Seller(sy - [09 4.3.1. Good Funds. All amounts payable by the parties at Closing including any loan proceeds, Cash at Closing and 10 closing costs, shall be in funds that comply with al! applicable Colorado laws, including electronic transfer funds, cbNNied I 1 1 \\682'ckÂ»A,WOMatohh'IN}e,WhbblbhAShANd;WhebANG&611?hhh* [12 4.3.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the parties shall [13 be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT. [14 Buyer represents that Buyer, as of the date ofthis Contract, Â® Doebf3'086'148Â¢ have funds thEit are immediately vetifiable [15 and available in an amount not less than the amount stated as Cash at Closing in Â§ 4.1. 116 \41\!Rb#&*45bhbhbbAR)*$#444arkkA:Â¥b'khAIA~AN&%8rkmt\itddebhNNhAB&326*khhiPANNARbÂ¥$Â»AA\\\\\\\\\\\\\ 1 1.7 \Wb'abhiht641{h'Ekljth'b'cWi:Â¥~b8214'16&,haith&h?t'pbbltÂ©ibhdbkkhMibAY&2Â£,Wk*Al,%68{hANhbr~lihNnwrh&}nNI#AShlier [18 \ \4*s~th wy\Bechee\Sh*Aih #01 k)184,68 \& 'pÂ» Mub Yb 'PAA> OWA,\V),6 'eah UN hnâ„¢th&-11*bi b84\8&2,&4 Â»bMe\or [19 \ \6*bhdi*b Hlk/eki\& PhkhMA hM,NAMn\6r\8th&:MlbiAbbiSNIâ‚¬*bbhdesbikh YMI)â‚¬ctiAA]Â»581}dk'CobbhNdr4)861}ek Cobbhts}on [20 \WWhaaiybh\&bh*b&&21,Alth*hdrb&&*6*hAbrbaf;Pupbhhikh,Vhh#'ih\Bih'Od*Whhh\521!ektd,IbhskWnbu~11'82*Whbed I21 \ \tb'th& blithhMN&1&~}th bhbrbhhth-LAMAk ht{&41&'byBON'b WnVbk'00\ PA 311\NbbMIMI\Â§*teh*# W Wdit\&& hhibhnt [22 \\1*'WellbAÂ¢bhddNUbh'tMeekh&2~'thalÂ©kieÂ·b,ThhatbWQchhihbAANBAShi'led&*&12iabANratÂ»NAbl~Yntbbka [23 4.5. New Loan. IOMITTED AS INAPPLICABLE] 124 4.6. Asnimption. IOMITTED AS INAPPLICABLE] 125 4.7. Seller or Private Financing. IOMITTED AS INAPPLICABLE] | TRANSACTION PROVISIONS I26 5. FINANCING CONDITIONS AND OBLIGATIONS. 127 5.1. Loan Application. IOMITTED AS INAPPLICABLE] 128 5.2. Loan Conditions. IOMITTED AS INAPPLICABLE] 129 53. Credit Information and Buyer's New Senior Loan. [OMITTED AS INAPPLICABLEI 130 5.4. Existing Loan Review. IOMITTED AS INAPPLICABLE] 131 6. API'RAISALPROVISIONS. r 132 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g.,roof 133 repair, repainting). beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract 134 (notwithstanding Â§ 10 of #iis Contract) by delivering written notice to terminate to Buyer on or before three days following 135 Seller's receipt of the Requirements. Seller's right to terminate in this Â§ 6.1 shall not apply if on or before any termination by Seller 136 pursuant to this Â§ 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are 137 completed by Seller; or (3) the satisfaction of the Requirements is waived in writing by Buyer. 138 6.2. Appraisal Condition. 139 Â® 6.2.1. Not Applicable. This Â§ 6.2 shall not apply. 140 \\6)\\01)'03,WebbihhIRAh,A\BÂ»&NIMN*b'thdhUbbwbh'ahliblaibhfb'tbrMihhtb'thikWnWabh)<MAV,AdiMAPhibe 141 \VA#hadskhaP)*AbdhARROARABadd:?nadd*,aÂ®i,rhniaN,*WÂ»\Â¥k\\\\\\\\\\\\\\\\\\\\\\\Arhb'aÂ»AN&el ]42 \4'kNWrbki*@d\&*hbÂ»WeÂ»Â¥'AldnEbABA bhbdfbb&*thhÂ·~M DAW)ihb Y;'03\*ha'Co~Abt\21MAMAihhAWB0,ler 143 \'daNbrMAN&'MIM \M{MAMt}&\6AtehikMakibh\Mt\Jibild,~N &60+ bE bltbiA Â»MdsUbhWrMdnihhti&ARbhh }d,MbA Nlat 144 \PAN###d##22%4#9*&WeWtiok\14&#s\Oqht\)8&88&13&Â§aNNb@,Fbbdi#8chbjimNhAbA'okbbrdrb\AN'MihiN\\Y)4Nbtihit 145 \Budihh\*31\N\921!ehA!68&hht\?tbdilb ~NA#Withhbbiikh MY Wrh*Mtldn\68â€¢bA bhful,& 94)0,WA Uitibdâ‚¬Wnibbiatiae 146 \\(Â§'39>sh*r\**Ark*My\M#lt'tbberh*Mthbhabahig\Abli&*\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 147 \\Â£3\\6,JJ\\1~ft)O'IN}G\&44M&104*hhd,WhA'nbldMsU,ldiA,h?,#bN?ekÂ»*ihibhabirT~irOM]Ud'thaphk#bhdrÂ»6'bÂ¥,Ull 148 \ \Adt\8*&61Â¥aWNO\8&*bh\thh Â»21?ah&&*Aft{AN?0Â»16'd~hdr}Be~16&ih'drY&'ihur\&*\Mnk!6*Vbhk*i,61&1\NAAibst 149 \\Mobbj Â¥4662'â€¢k b&*416&\Mdsh WhNNrbh,Ah fal**ME'Eebh *ch'ih khdaftiMA\*Nh NINWA+A bh V#hAM,-hhibhts 150 \U\*Â·ltlehkWthA2bdt\iksbeW'8y\0~b'PeN&&1Mbhhi4\OdthMdkkInbAN)80,0MdhhbEVeW:MAA*Ma,\6r\~mrbhÂ¢mhUrk&h#nt 151 \ \Iehah,)68ttihh YM*leÂ»WihaM216&&Amb*bMrhUMat'iMAhahEWâ€¢\\\ \\\\\\\\\\ FWARRAA#*PbAN;20d&6#hn 152 \\Mde41,6 bmctiWubbN\Â¥tkh'oÂ¥*62&3?nk\4011&6*ki,MatibhbYPh& tbhtrhet\*iblibJ,Aledâ€¢latd\Oah #hal},UNhb Â»Waked 153 \ \*AlhbtldrA ThbÂ»Wisdd\Makib~h Wi,ed\,t'tb'Â¢,WkUA24&\Ak?i ?Ath*Mbhlkh&,h#h'1360#Aden\'bL'kldhikinhUM~GN]on 154 \\1*4014Aghht\*,NANA,heaMOD'dA,bbA#khÂ·hAt\thbkkbbWdAhAb&,ditibb himellt?@bidz.\*8&195*AhMA[mikekhabld 155 \\&Â£hi*WMAgaN)MMNUAD,Oqbwth'kha'kbMibibh WRNÂ¥e\PQÂ®bhj ht\e\42,8#kbr~:A\ \ \ \1\ \ \ \\\ \\ \\\ \ \\\ \\\ \ \\\\\ 156 \\Cl\\61}4\*APIM~blt,Mshlyawal\thhihbMiNM2nW)*Atiy\BlhBAOrbbslon#babibrbbM#ht;WeiR#bhheÂ¥&&)2:>hiWil\Bot 157 \ \UhAhAA Â»hal,Ab#'fbNb#1&#18/\Ehibbit\MohbFU HNNa#Ah\&Ababb}ihab&'th bbhÂ¥18th'th& hhal&& bE\!hARk#Mky 158 \\21@aNI,halqbMA\#Ph&2*kbt\Rhethh#e\RN&&bhbbkiechhatHeebb8rhib}el#AlbidbY\thAVÂ¥bMI+06*&61)shba'by\Ate 159 \\19&~ArkhM{'@f\VbhhhMAO[&2, 4#hNUb}UhAE&#bANtitiNkkU)Â£1,4*b'18&MidindgynkNÂ»bibhbrAMchhaihk\NUMhe ]60 \\88rkbhM@tibh\&f\tli*tohirkb,JivithbiAMght,chh&\12'hh~'bbltAbKPLAh#*bMEI&\&hie\As\&81?sh&&*\Dib\BAM~t:Mrh'of 161 \\9616##'ANhikh 162 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by 163 Â® Buych\UPemier. 164 Note: If FHA or VA Appraisal is checked, the Appraisal Deadline (Â§ 3) does Imt apply to FHA or VA guaranteed loan5. 165 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 166 7.1. Evidence of Title. On or before, Title Deadline (Â§ 3), Seller shall cause to be furnished to Buyer, at Seller's expense, a 167 current commitment for owner's title insurance policy Eitle Commitmenl) in an amount equal to the Purchase Pricdh'drNK\&is PREPARED BY: Douglas L Nehast!, Broker Associate CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE {RESIDENTIAL). Cdorado Real Estate Commsslon ReaTFASTÂ® Sonware.Â©2011, Version 6.16, Software Registered to: Mlchael B. Adams, BJ*Adams & Compmy Buyer(s, 1) pÂ© 02/21/11 17:36:13 senerls) - (5399 4 of 13 [68 \\68Us\8Hebhdch\O'*AbbabA\&1\6:tidhb?timeE\thoberat\Ut&.\N\Otla inkh/*5& YAM)01451&8,\561}dkkbhti'aN~o\8&1Wek'to 169 \'61Â¥d'cÂ»lebbf'*b'\&8ghbbiVeMt}ab&,>dkh,hKAbhkh#bbM&Abl~~Bdd?kÂ¥eÂ»\(*8*khbt)'iA'Ge)1&84&*sbhdidn, At Seller's 170 expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after [71 Closing. The title insurance commitment Â® Sha,A\10\5*mANbt commit to delete or insure, over the standard exceptions 172 which relate to: 0) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's tierts, 173 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax 174 sales prior to the year ofCIosing. Any additional premiumÂ·expense to obtain this additional coverage shall be paid by\'[E'B~er 175 Â® Seller. 176 Note: The title insurance company may not agree to delete or insure over a;ly or all of the standard exceptions. Buyer shall have 177 the right to review the Title Commitment its provisions and Title Documents (defined in Â§ 7.2), and if not satisfactory to Buyer, [78 Buyer may exercise Buyer's rights pursuant to Â§ 8.1. P 179 7.2. Copies ofExceptions. On or before Title Deadline (Â§ 3), Seller~ at Sellets expense, shall furnish to Buyer and 180 n/a , (1) copies of any i 81 piats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be 182 furnished. and if this box is checked Â® Copies of nny Other Documents (or, if' illegible, summaries of such documents) listed 183 in the sthedule of exceptions {Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these 184 documents pursuant to this section if requested by Buyer any time on W before Exceptions Request Deadline (Â§ 3). This 185 requirement shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the I 86 Property is located. The abstract or Title Commitment together with ar4 copies or summaries of such documents furnished 187 pursuant to this section, constitute the title documents (collectivelv. Title Documents). 188 \'IJA'QM,bjt\Â©Wr'titmrb\SWeyadiktihib\OF)A\â‚¬'ihhÂ·\IikilkÂ»Abh&116?dbkbAN*kle>AthhBelikdhha)(BrÂ»hANteihaibr 189 \bRNM-NNhto~ihibbhht\&4hhÂ»WiddrWthdbM'MrUMIWKWibbkbkt>!deedhikb,\MOMrk'[SAM*Nv~Men't~66,\,Â»Miht 190 \G41Â®M,hhMatbbhtioitfklitib&*El,Aul\\\\\\\\\\\\\\\\\\\'\\\I\\\\\\\\\\\\\\\\\\I\\\\\\\\\\\\\\ 191 \Nutedebb*8*8!Mkka?EN&0*FiditkhkAS914/AddkbhhkbMe\21&68&$\AU\\\\\\\\\\\\\\\\FbASANÂ»b?,dlhb&*AiN'tiy 192 \Ga*hÂ·\UhSN}eB\1Nhb'ebbeahads\th}GUA&}01\9 W*bh'El\961!ek\MMAM,\Nle\UcbhAbhbi*Werak\ele#h*\Bb>& 193 \ENNIF*AU\08110+eavk\Ny\*thhkbhhiNN~\Bdge,Nk'iANWkbabnhab~t\MA82Ih,Wto\&&1126&&#UNbeed\IhUM& L 194 \\196*r~NbtbhbwebhbAN,\0ayth&12*AAM~hb,thed*Mitibyn,1*k i 195 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 196 declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual owners' 197 meeting and minutes of any directors' or managers' meetings during the sixpionth period immediately preceding the date of this 198 Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet (2) annual 199 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). 200 \\'[SI\\'gkt~A\Nbt)~Aib&011>\REhy\YAAMihhatÂ»Wy. 201 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 202 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE 203 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A iMEMBER OF THE OWNER'S ASSOCIATION 204 FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF 205 THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE 206 FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO 207 PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, 208 THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE 209 DEBT. THE DECLARATION, BYLAWS, AND RIJLES AND REGULATIONS OF THE COMMUNITY MAY 210 PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL 2/1 REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF 212 THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY 213 SHOULD INVEST]GATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. 214 PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE 215 BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 216 \\'[S]\\'861\NbACAAfttta,AN'~a\Reib,N,<'BuÂ»Ah&2nWi&82Â£1'kil#'9*bhhh&?46#ba'&\Â»AbrIABOG'DaaihkABAE*bAAas 217 \ \&â„¢WeW\lhag> hArbh* to\&2tbANU'bhhaft&>&61Â¥abihi hA& WsWidtldnk\Mt\lhAB h*BA\}pUP}th M,BiM*\~\Fh*&436rs 218 \\Mt\*Aik&*MyAMMt'th\&1rNA#th Wiktbkirbat~dub\[b'&66113&82#Wnld#bhaillUU[Mi*Nie\Â¢rb*fh?obk brami 219 7.4.4. CIC Documents to Buyer. 220 Â® 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at 221 Seller's expense, on orbefore CIC Documents Deadline (Â§ 3). 222 \\El\\\'kN)2,\56116\4*thbbibAXAMeihiW,ik\Vt}lbAA#thbriMs\1}ib'*2!gbbihtiMME?*482\11,d*10~0bbhhibhdtba}*r, 223 \62*~Wh?1*&*hhe. 224 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt 225 of the CIC Documents, regardless ofwho provides such documents. 226 7.4.5. Conditional on Buyer's Review. If the box in either Â§ 7.4.4.] or Â§ 7.4.4.2 is checked, the provisions ofthis Â§ 7.4.5 227 shall apply. In the event of any unsatisfactory provision in any of the CIC Documents, in Buyer's sole subjective discretion, 228 and written notice to terminate by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents 229 Objection Deadline (Â§ 3), Buyer accepts the ClC Documents and waives the right to terminate for that reason. 230 Should Buyer receive the CIC Documents after CIC Documents~Dcadline (Â§ 3), Buyer shall have the right, at PREPARED BY: Douglas L Nehast Broker Associate CBST-8-10. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTiAL). Colorado Real Estate Commission ' ReaIFASTÂ® Sonware, Â©2011, Version 6.16. Software Registered to: Michaet B. Adams, BJ'Adams & Company Buyer{s) D Pf) 02/21/11 17:36:13 3 Seller[51-'~ Ig,al 231 Buyer's option, to terminate this Contract by written notice to terminatel delivered to Seller on or before ten days after Buyefs 232 receipt of the CIC Documents. If Buyer does not receive the CIC D66uments, or if such written notice to terminate would 233 othenvise be required to be delivered after Closing Date (Â§ 3), Buyer'i written notice to terminate shall be received by Seller 234 on or before three days prior to Closing Date (Â§ 3}. If Seller does nÂ¢t receive Buyer's written notice to terminate within 235 such time, Buyer accepts the provisions of the CIC Documents, and B iyer's right to terminate this Contract pursuant to this 236 section is waived. notwithstanding the provisions of Â§ 8.5. 237 Note: Ifno box in this Â§ 7.4 is checked, the provisions of Â§ 7,4.4,1 shall apply. 238 8. TITLE AND SURVEY REVIEW. 239 8.1. Title Review. Buyer shall have the right to review the Title Documents. Buyer shall provide written notice to terminate 240 based on unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding Â§ 13, of any other 241 unsatisfactory title condition, in Buyer's sole and subjective discretion, shown by the Title Documents (Notice of Title Objection). 242 Such Notice of Title Objection shall be delivered by or on behalf ofBuyer and received by Seller on or before Title Objection 243 Deadlige. (Â§ 3), provided such Title Documents are received by Buyer in a imely manner, If there is an endorsement to the Title 244 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment shall be 245 delivered to Buyer. Provided however, Buyer shall have five days to deliver the Notice of Title Objection after receipt by Buyer 246 of the following documents: (1) any required Title Document not timely received by Buyer, (2) any change to the Title 247 Documents, or (3) endorsement to the Title Commitment. 1 f Seller does not receive Buyer's Notice of Title Objection by the 248 applicable deadline specified above, Buyer accepts the condition of title as d sclosed by the Title Documents as satisfactory. 249 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline 250 (Â§ 3) true copies of all leases and surveys in Seller's possession pertain ng to the Property and shall disclose to Buyer all 251 easements, Hens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters 252 (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual 253 knowledge. Buyer shall have the right to inspect the Properly to investigate: if any third party has any right in the Property not 254 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). 255 Written notice to terminate based on any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, 256 notwithstanding Â§ 13) in Buyefs sole subjective discretion, by or on behalf of Buyer shall be delivered to Seller on or before 257 Off-Record Matters Objection Deadline (Â§ 3).' If Seller does not receive Buyer's written notice to terminate on or before 258 ~~B~~~c~r~~~a~~~ Objection Deadline (Â§ 3), Buyer accepts title subject M such rights, if any, ofthird parties of which Buyer 259 260 8.3. Survey Review. 261 E 83.1. Not Applicable. This Â§ 8.3 shall not apply. ' 4 262 \'[3\\&5)1\Gbhattf,*13,AbhyuFkbA\'inlebbjamih'Â§\83)2~}6\6}lebkad;)8tyek'EhhfIUWMNAht\N\Mle\*&\SANÂ».\If 263 \Wkithh'thlibabi,balthÂ»bkbhabhhlibrmiwababKhAAAMihin:idebbhailibh,\ihm*}ahalb'*hb>&6*8&6rbtibl 264 \1&04#b#\M,Sh?VeÂ»hdMittAtnhmMk\*El\64â„¢}gvtbakabyet:JbhbAW'bbiWrhYAbtbj~Ultibbdaihm:halihA'(,4 265 \Natbhahablihil WrM*akdVES&116rV@& hbANUNba]*NA %4?thh'n' Aib& Miah#,InbEAB *,Al*A \Ub)balok\,)6,dihib 266 UN,/113*bR186@Mth,UilmUUMI&3&10\\\\\\\\\\\\\\\\\1\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 267 8.4. Speciall Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 268 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE - 269 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT 270 RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 271 CIRCUMSTANCES AlUSE RESULTiNG IN THE INABIUTY OF SUCH A DISTRICT TO DISCHARGE SUCH 272 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 273 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 274 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING 275 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 276 RECORDER, OR THE COUNTY ASSESSOR. 277 In the event the Property is located within a special taxing dislrict and Buyer desires to terminate this Contract as the effect 278 of special taxing district is unsatisfactory, in Buyer's sole subjective discretion, written notice to terminate, by or on behalf of 279 Buyer, is received by Seller on or before Off-Record Matters Objection Deadline (Â§ 3), this Contract shall terminate. If Seller 280 does not receive Buyer's written notice to terminate on or before Off-Record Matters Objection Deadline (Â§ 3), Buyer accepts 281 the effect of the Property's inclusion in such special taxing district and waives the right to terminate for that reason. 282 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in Â§Â§ 8 and 13. lf -- 283 Seller receives Buyer's written notice to terminate or notice ofunmerchantabi ity of title or any other unsatisfactory title condition 284 or commitment terms as provided in Â§Â§ 8.1, and 8.2, Seller shall use reasonabk efforts to correct said items and bear any nominal 285 expense to correct the same prior to Closing. If such unsatisfactory fitle cÂ®dition is not corrected to Buyer's satisfaction, in 286 Buyefs sole subjective discretion, on or before Closing, this Contract shall tÂ¢rminate; provided, however, Buyer may, by written 287 notice received by Seller on or before Closing, waive objection to such items. 1 288 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this 289 Contract, Seller shall promptly submit this Contract according to the terms ar d conditions of such Tight lf the holder of the right 290 of first refusal exercises such right or the holder of a right to approve disapp-oves this Contract, this Contract shall terminate. lf 29] the right of first refusal is waived explicitly or expires, or the Contract is apbroved, this Contract shall remain in full force and 292 effect.Â· Seller shall promptly notify Buyer in writing of the foregoing, 1 f ekpiration or waiver of the right o f first refusal or - PREPARED BY: Douglas L Nchasil, Broker Associate CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTZAL). Colorado Real Estate Commissicn RealFASTÂ®Sonware,Â©2011, Version 6.16. Software Registered to: Michae! B. Adams, B.PAdams & Company Buyer(s) i#Mb pa~1~113 02/21/11 17:36:13 ~ Seller{14 - 293 Contract approval has not occurred on or befors Right of First Refusal Deadline (Â§ 31 this Contract shall terminate. 294 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 295 Additionally, other matters not reflected in the Title Documents may affect the titles ownership and use of the Propere, including 296 without limitations boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 297 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 298 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of 299 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 300 interests in oil, gas, other minerals, geothermal energy or ,voter on or umder the Property, which interests may give them 301 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer 302 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract 303 [e.g., Title Objection Deadline (Â§ 3) and Off-Record Matters Objection Deadline (Â§ 3)]. 304 9. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 305 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (Â§ 5), Title and Survey 306 Review (Â§ 8) and Property Disclosure, Inspection, Indemnity, Insurability, Due Diligence, Buyer Disclosure and Source of 307 Water (Â§ 10). 308 |DISCLOSURE, INSPECTION AND DUE DILIGENCE 309 10. PROPERTYDISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUEDILIGENCE, BUYERDISCLOSURE 310 AND SOURCEOF WATER. 31! 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (Â§ 3), Seller agrees to 312 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 313 completed by Seller to Seller's actual knowledge, current as of the date of this Contract. 314 10.2. Inspection Objection Deadline. Unless otherwise provided in this Cpntract Buyer acknowledges that SeIier is conveying 315 the Property to Buyer in an "as is" condition, "where is" and "with atl faults', Seller shall disclose to Buyer, in writing, any latent 316 defects actually imown by Seller. Buyer, acting in good faith, shall have the right to have inspections (by n third party, personally 317 or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (1) the physical condition of the Properly, (2) the 318 physical condition of the Inclusions, (3) service to the Property (including utilities and communication services), systems and 3 19 components of the Property, e.g. heating and plumbing, (4) any proposed or existing transportation project, road, street or 320 highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property 321 or its occupants is unsatisfactory in Buyer's sole subjective discretion, Buyer shall, on orbefore inspection Objection Deadline 322 (Â§ 3): 323 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 324 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition which 325 Buyer requires Seller to correct 326 Ifwritten notice is not received by Seller on or before Inspection Objection Deadline (Â§ 3), the physical condition of the 327 Property and Inclusions shall be deemed to be satisfactory to Buyer. 328 10.3. Inspection Resolution Deadline. If a Notice to Correct is received 16 Seller and if Buyer and Seller have not agreed in 329 writing to a settlement thereof on or before Inspection Resolution Deadline (Â§ 3), this Contract shall terminate on Inspection 330 Resolution Deadline (Â§ 3), unless Seller receives Buyer's written withdrawal of the Notice to Correct before such termination, 331 i.e., on or before expiration of Inspection Resolution Deadline (Â§ 3). 332 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 333 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 334 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind 335 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller 336 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such WOIks claim, or lien. 337 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 338 damages cost or expense, or to enforce this section, including Sellefs rea~onable attorney fees, legal fees and expenses. The 339 provisions of this section shall survive the termination of this Contract. 340 10.5. Insurability. This Contract is conditioned upon Buyefs satisfactidn, in Buyer's sole subjective discretion, with the 34] availability, terms and conditions o f and premium for property insurance. This Contract shall terminate upon Seller's receipt, on 342 or before Property Insurance Objection Deadline (Â§ 31 of Buyer's written notice to terminate based on such insurance being 343 unsatisfactoly to Buyer. If Seller does not receive Buyer's written notice to tenninate on or before PropertylnsuranceObjection 344 Deadline (Â§ 3), Buyer shall have waived any right to terminate under this provision. 345 10.6. Due Diligence-Physical Inspection. Buyefs Inspection of the Property under Â§ 10.2 shall also include, without limitation, 346 at Buyer's option, an inspection of the roof, walls, structural integrity ofthe Property and an inspection of the electrical, plumbing, 347 HVAC and other mechanical systems of the Property. If the condition of the Property or Inclusions are not satisfactory to Buyer, 348 in Buyer's sole subjective discretion, Buyer shall, on or before Inspection Objection Deadline (Â§ 3), provide the applicable 349 written notice pursuant to Â§ 10.2. 350 10.7. Due Diligence-Documents. Seller agrees to deliver copies of the following documents and information (Due Diligence 351 Documents) to Buyer on or before Due Diligence Documents Delivery Deadline (Â§ 3) to the extent such Due Diligence 352 Documents exist and are in Seller's possession: n/a 1 - PREPARED BY: Douglas L Nehas[!, Broker Associate CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commission Rea]FASTÂ® Sonware. Â©2011, Version 6.16. Sonware Registered to: Michael B. Adams, BJ'Adams & Company~ Buyerfs) __Dif'~ 02/21/11 17:36:13 PagÂ¥7 of 13 Seller(s) - 353 10.8. Due Diligence Documents Conditions. This Contract is subject to and expressly conditional upon Buyers in Buyer's sole 354 subjective discretion, reviewing and approving the Due Diligence Documents, Survey and Leases. Buyer shall also have the 355 unilateral right to waive any condition herein. 356 10.8.1. Due Diligence Documents. lf Buyer is not satisfied with the results of Buyefs review of the Due Diligence 357 , Documents and written notice to terminate is received by Seller on or before Due Ditigence Documents Objection Dead- 358 line (Â§ 3), this Contract shall terminate. 359 \ JUM \5206& UlhANAshlibfabbÂ»MAdiaa}g\2~We,Ihb 'Ekh#*dnPM?ift&&661}dekb 't,Mihhib Webbikbabjl FbWbr 360 \bh UUM,& WA:AB Vi4688@rikbbitaBU XB wlhisWittha#&07kbhhinhteX 361 10.8.3. Leases. If the Leases are not satisfactory to Buyer, Seller shall receive written notice to terminate on o'r before 362 Off-Record Matters Objection Deadline (Â§ 3), unless the Leases are not timely delivered under Â§ 8.2, then Seller shall 363 receive written notice to terminate on or before Diligence Documents Objection Deadline (Â§ 3). ]f Seller timely receives 364 written notice to terminate, this Contract shall terminate. 365 lf Buyer's WIitten notice to terminate for any of the conditions set forth above is not timely received by Seller, then such 366 - condition shall be deemed to be satisfactory to Buyer. 367 10.9. Buyer Disclosure. Buyer represents that BuyeN|BDoes Â® Does Not need to sell and close a property to complete this 368 transactiun. 369 Note: Any property sale contingency should appear in Additional Provisions (Â§ 29). 370 10.10. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer D Does Â®Does Not 371 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 372 water for the Property. Buyer U Does Â® Does Mot acknowledge receipt of a copy of the current well permit. Â® There is No 373 Well. 374 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 375 WATER. YOU MAY WISH TO CONTACT YOUR P.ROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) 376 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 377 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a freplace, 378 or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that 379 Colorado law requires that Seller assure the Propertyhas an operational carbon monoxide alarm installed within fifteen feet of the 380 entrance to each Bedroom or in a location as required by the applicable building code. 38I 10.12. Lead-Based PainL Unless exempt, if the improvements on the Property include one or more residential dwelling5 for 382 which a building permit was issued prior to January 1,1978, this Contract shall be-void unless (1) a completed Lead-Based Paint 383 Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Sellerreceives tile completed and 384 fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a completed 385 Lead-Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees. 386 10.13. Methamphetamine Disclosure. If Sellerknowsthatmethamphetaminewas evermanufactured,processed, cooked, dispose 387 of, used or stored atthe Property, Seller is mquired to disclose such fact No disclosure is required if the Property was remediated 388 in accordance with state standards and other requirements are fulfilled pursuant to Â§ 25-18.5-102, C.R.S. Buyer further 389 acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever 390 been used as a methamphetamine laboratory. If Buyer's test results ind~cate Bat the Property has been contaminated with 391 methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health 392 promulgated pursuant to Â§ 25-18.5-102, C. R, S., Buyer shall promptly give written notice to Seller of the results ofthe test, and 393 Buyer may terminate this Contract upon Seller's receipt of Buyer' s written notice to terminate, notwithstanding any other 394 provision of this Contract. 395 11. COLORADO FORECLOSURE PROTECTION ACT. The Colorado Foreclosure Protection Act (Act) generally applies if: (1) 396 the Property is residential, (2) Seller resides in the Property as Seller's princip91 residence, (3) Buyer's purpose in purchase of the 397 Property is not to use the Property as Buyds personal residence, and (4) the Property is in foreclosure or Buyer has notice that any 398 loan secured by the Property is at least thirty days delinquent or in default. If thk transaction is a Short Sale transaction and a Short 399 Sale Addendum is part of this Contract, the Act does not apply. Each party is further advised to consult an attorney. 400 CLOSING PROVISIONS ~ 401 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 402 12.1. Closing Documents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to enable the 403 Closing Company to deliver all documents required for Closing to Buyer and Seller and their designess by the Closing 404 Documents Delivery Deadline (Â§ 3). If Buyer is obtaining a new loan to Archase the Property, Buyer aclmowledges Buyer's 405 lender shall be required to provide the Closing Company in a timely manner all required loan documents and financial information 406 concerning Buyer's new loan. Buyer and Seller will furnish any additional information and documents required by Closing 407 Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or reasonably 408 required documents at or before Closing. 409 12.2. Closing Instructions Buyer and Seller agree to execute the Colorado Real Estate Commission:s Closing Instructions. Such 410 Closing Instnictions Â® Are\[KJAWMot executed with this Contract. Upon mutual execution, Â® SellbA[hhyer shall deliver 411 such C]osing Instructions to the Closing Company. 412 12.3. Closing. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the 413 Closing Date (Â§ 3) or by mutual agreement at an earlier date, The hour and place of Closing shall be as designated by PREPARED BY: Douglas L Nohasll, Broker Associate f \\\ CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estale Commission RealFASTÂ® Sonware, Â©2011, Vemion 6.16. Softwara Registered to: Michaet B. Adams, BJ'Adams & Company Page ~'~f 13 Buyer(s) .fl~ 4 02/21/11 17:36:13 Seller(s) - ilimal 414 Title companv 415 114. Disclosure ofSettlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary between 416 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 417 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 418 terms and provisions hereof, Seller shall execute and deliver a good and sufficient aeneral warrantv 419 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except 420 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 421 installed as of the date of Buyer's signature hereon, whether assessed or not Title shall be conveyed subject to: 422 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by 423 Buyer in accordance with Critic Review (Â§ 8.1), 424 131 Distribution utility easements (including cable TV), 425 131 Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge 426 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (Â§ 82) and Survey Review 427 (Â§ 8.3), 428 13.4. Inclusion of the Property within any special taxing district, and ~ 429 13.5. Other none. 430 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from tile 431 proceeds ofthistransactionor fromany other source. 432 15. CLOSING COSTS, CLOSING FEE, CIC FEES AND TAXES. 433 IiI. Closing Costs. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be 434 paid at Closing, except as otherwise provided herein. 435 15.2. Cloing Services Fee. The fee for real estate closing services shall 68 paid at Closing 1:;y\likilb '16\0*blibr Â® One-Half 436 b,Buyer andOne-Hall' by SellegNX>thbr n/a 437 153. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status 438 Letter) shallbepaid by O Buyer O Seller Â® One-Hair bv Buyer and Que-Half by Seller. Any transfer fees assessed by the 439 Association (Association's Transfer Fee) shall be paid by O Boyer O Seller Â® One-Half by Buyer and One-Half by Seller. 440 15.4. Local Transfer Tax. Â® The Local Transfer Tax of 1-5 % of the Purchase Price shall be paid at Closing by 441 , O Seller Â® One-Half by Buyer and One-Half by Seller. O Buyer 442 15.5. Sales and Use Tax. Any sales and use tax that may accrue because cfthis transaction shall be paid when due by 443 0 Buyer O Seller Â® One-Half by Buyer and One-Half by Seller. 444 16. PRORATIONS. The following shall beprorated to Closing Date (Â§ 3), except as otherwise provided: 445 16.1. Taxes. Personal property axes, if any, and general real estate taxes for the year of Closing, based on Â® Taxes for the 446 Calendar Year Immediately Preceding ClosinME},Mdsk'*debht,Mill\&&*hhd'Wib*RkMA \*Abskbk'**htibn, adjusted 447 by any applicable qualifying seniors property tax exemption, 61\INUther n/a 448 16.2. Rents. Rent, based on\Elkbhts\Abtthafy\RAM*ed Â® Accrued. At Closing, Seller shall transfer or credit to Buyer the 449 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of such 450 transfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect at CIosing and Buyer shall 451 assume such leases. 452 163. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance 453 shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by 454 the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 455 acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any 456 special assessment by the Association for improvements that have been installed as of the date of Buyets signature hereon shall 457 be the obligation of Seller. Any other special assessment assessed prior to Closing Date (Â§ 3) by the Association shall be the 458 obligation 6*0'ihiyer Â® Seller. Seller represents that the Association Assessments are currently payable at $ 3.898.00 459 per quarter and that there are no unpaid regular or special assessments against the Property except the current 460 regular assessmentsUN\ 461 none 462 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the 463 Association to deliver to Buyer before Closing Date (Â§ 3) a current Status Letter. 464 16.4. Other Prorations. Water and sewer charges, interest on any contintling loan, and 465 all other utilitv charges shall be prorated to Closing Date (Â§31. 466 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final. 467 17. POSSESSION. Possession ofthe Property shall be delivered to Buyer on Possession Date at Possession Time (Â§ 31 subject 468 to the following leases or tenancies: I 469 those in short-term rentals, if any, placed by Properties Frias, PREPARED BY: Douglas L Nehasil, Broker Associate CBS!-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commission F-t RealFASTÂ® SothÂ·,are, Â©2011, Version 6.16. Software Registered to: Michael B. Adams, BJ'Adams & Company Buyarts) JOE) 02/21/11 17:36:13 P49# b of 13 Saller{RY - 'm. 470 If Seller, after Closing, fails to deliver possession as specified, Seller shalI be subject to eviction and shall be additionally liable 471 to Buyerforpaymentof $ 500.00 per day (or any part of a day notwithstanding Â§ 1 8.1) from the Possession Date and 472 Possession Time (Â§ 3) until possession is delivered. 473 Bu*KIE'Does Â® Does Not represent that Buyer will occupy the Property as Buyets principal residence. \\\\\\ 474 IGENERAL PROVISIONS 475 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 476 18.1. Day. As used in this Contract the term "day" shall mean the entire day ending at 11:59 p.mâ€ž United States Mountain Time 477 (Standard or Daylight Savings as applicable). 478 181 Computation of Period of Days, Deadline. In computing a perio~ of days; when the ending date is not specified, tile 479 first day is excluded and the last day is included, e.2.. three davs after MEC. If any deadline falls on a Saturday, Sunday or federal 480 or Colorado state holiday (Holiday), such deadlineÂ·El Shallk[INhhII Not be extended to the next day that is not a Saturday, 481 Sunday or Holiday. Should neither box be checked, the deadline shalI not beÂ·extended. 482 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK- 483 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition 484 existing as ofthe date of this Contract, ordinary wear and tear excepted. 485 19.1. Causes of Loss, Insurance. In the event the Property or 1nclusions fre damaged by fire, other perils or causes of loss prior 486 to Closing in an amount of not more than ten percent ofthe total Purchase Price, Seller shall be obligated to repair the same before 487 Closing Date (Â§ 3). In the event such damage is not repaired within said time or i f th6 damages exceed such sum, this Contract 488 may be terminated at the option of Buyer by delivering to Seller written notice to terminate on or before Closing. Should Buyer 489 elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that 490 were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the 491 amount of any deductible provided for in such insurance policy, Such credit not to exceed the Purchase Price. In the event Seller 492 has not received such insurance proceeds prior to Closing, then Seller shalll assign such proceeds at Closing, plus credit Buyer the 493 amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 494 19.2. Damage, Inclusions and Serviccs. Should any Inclusion or service (including utilities and communication services), 495 systems and components of the Property, e.g., heating or plumbing, fail br be damaged between the date of this Contract and 496 Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement ofsuch Inclusion, service, 497 system, component or fixture of the Property with a unit of similar size, ape and quality, or an equivalent credit, but only to the 498 extent that the maintenance or replacement of such Inclusion, service, system, component or fixture is not the responsibility of the 499 Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are 500 aware of the existence of pre-owned home warranty programs that may be~ purchased and may cover the repair or replacement of 501 such Inclusions. 502 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result 503 in a taking of ali or part of the Property or Inclusions, Seller shall promptly notify Buyer, in writing, of such condemnation action. 504 In such event, this Contract may be terminated at the option of Buyer, in Buyer's sole subjective discretion, by Buyer delivering 505 to Seller written notice to terminate on or before Closing. Should Buyer elect to consummate this Contract despite such diminution 506 of value to the Property and Inclusions, Buyer shall be entitled to a credi~ at Closing for all condemnation proceeds awarded to 507 Seller for the diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits, expense5 508 or exceed the Purchase Price. 509 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 510 Property prior to Closing to verify that the physical condition of the Property and 1nclusions complies with this Contract. 511 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 512 the respective broker has advised that this document has important legal conseÂ®ences and has recommended the examination of titIe 513 and consultation with legal and tax or other counsel before signing this ContracL 514 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is ofthe essence hereof. If any note or check received as Earnest 515 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is not 516 performed or waived as herein provided, there shall be the following remedies: 517 21.1. If Buyer is in Default: 518 \\B\\'2YJAA\Â»18:m:'re~NAA,h)&SY6NbAhÂ»\Alkht\bchhth&\BiATWAthik'na\20Mbdba,\}th\MiblAU&&'kN\BAAibh\NM~by 519 \\6*88\}Wr'oVn'bkhhiMB)AtshÂ»r>AMihbdhhiW<b'@eNbAM&?ditihhd.Â»'SUIAA'ahM'GellbANÂ»WovbhhOch\62n&*h'kh~Aey 520 \\52**14'bh*bNBAA,ABblbbMb\tle#AN,NATh}drh81'akbbh,kVh'fhNY&?chbhlibEfkbiWniAQI!*hbMNt&*thhM*hhfo\2pbbific 521 98#&Â¥&Mal,UbRN#&4&&>&&&71&\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 522 Â® 21.1.2. Liquidated Damages, Applicable. This Â§ 21.1.2 shall apply unless the box in Â§ 21.1.1. is checked. All Earnest 523 Money (whether or not paid by Buyer) shall be paid to Seller, alkd retained by Seller. Both parties shall thereafter be 524 released from all obligations hereunder. It is agreed that the Earnest Money specified in Â§ 4.1 is UQUIDATED DAMAGES, 525 and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in Â§Â§ 10.4,22,23 and 24), 526 said payment of Earnest Money shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the 527 obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 528 21.2. I f Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received PREPARED BY: Douglas L Neha511, Broker Associate CBS1,8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commission a ReatFASTÂ®Software,Â©2011, Version 6.16. Software Registered to: Michael a. Adams, BJ'Adams & Company PaÂ® 10 of 13 Buyerfs> _22 9 02/21/11 17:36:13 Seller(s) - 529 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Coneact as 530 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 531 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or 532 litigation relating to this Contract, prior to or after Closing Date (Â§ 3), the arbitrator or court shall award to the prevailing party all 533 reasonable costs and expenses, including attorney fees, legal fees and expenses, 534 23. MEDIATION. if a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first 535 proceed in good faith to submit the matter to mediation, Mediation is a process in which the parties meet with an impartial person who 536 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 537 agree, in writing, before any settlement is binding. The parties will jointly appoinz an acceptable mediator and will share equally in the 538 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within 539 thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This 540 section shall not alter any date in this Contract, unless otherwise agfeed. 541 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, E~nlest Money Holder shall release the Earnest Money 542 as directed ty written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest 543 Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest 544 Money Holder, at its option and sole subjective discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest 545 Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice 546 to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and 547 Seller) containing the case number of the lawsuit (Lawsuit) within one hundred rwenty days of Earnest Money Holder's notice to the 548 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 549 receive a copy of the Lawsuit, and has not interpled the monies at the time of' any Order, Earnest Money Holder shall disburse the 550 Earnest Money pursuant to the Order ofthe Court. The parties reaffirm the obligation of Mediation (Â§ 23). The provisions of this 551 Â§24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in Â§ 32 or Â§ 33. 552 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 553 parties shall be relieved ofall obligations hereunder, subject to Â§Â§ 10.4,22, 23 ani 24. 554 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the 555 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 556 written, have been merged and integrated into this Contract. No subsequent mod fication of any o f the terms of this Contact shall be 557 valid, binding upon the parties. or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, 558 by its terms, is intended to be performed after termination or Closing shall survive the same. 559 27. NOTICE, DELIVERY AND CHOICE OF LAW. 560 27.1. Physical Delivery. Att notices must be in writing, except as provided in Â§ 272. Any document, including a signed 561 document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signature on behalf of Buyer 562 any named individual of Buyer, any representative of Buyer, or BrokerÂ¤ge Firm of Broker working with Buyer (except for 563 delivery, after Closing, of the notice requesting mediation described in Â§ 23) and except as provided in Â§ 27.2 below. Any 564 document, including a signed document or notice, delivered to Seller shall 'Je effective when physically received by Seller, any 565 signator on behalf of Seller, any named individual of Seller, any representarive of Seller, or Brokerage Firm of Broker working 566 with Seller (except for delivery, after Closing, of the notice requesting mediation described in Â§ 23) and except as provided in 567 Â§ 272. 568 27.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or written 569 notice may be delivered in electronic form only by the following indicated Irthods: Â® Facsimile Â® E-mail \\El\Mb?net 570 \\O\14&'02*AMib'i)211764 Documents with original signatures shall be provided upon request of anyparty. 571 27.3. Choice of Law. This Contract and all disputes arising hereunder 5114!1 be governed by and construed in accordance with 572 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 573 located in Colorado. 574 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall kpire unless accepted in writing, by Buyer and Seller, 575 as evidenced by their signatures below, and the offering party receives notic# of such acceptance pursuant to Â§ 27 on or before 576 Acceptance Deadline Date (Â§ 3) and Acceptance Deadline Time (Â§ 3). If accepted, this document shall become a contract between 577 Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy 578 thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 579 ADDITIONAL PROVISIONS AND ATTA CHMENTS 580 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 581 Commission.) 582 1. Regarding Â§27.2, NOTICE, DELIVERY AND CHOICE OF LAW/Elect:ponic Delivery: If Notice is delivered via E-mail, Party delivering said Notice shall call other parpy to confirm receipt of same. 2. Buyer agrees to allow Seller, James C. Gianulias and James C. Gianulias' family and friends PREPARED BY; Douglas L Nehaslt, Broker Associate CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commls.4on RealFASTÂ® Sonware, Â©2011, Version 6.16. Software Registered to: Michael B. Adams, BJ'Adams & Compam 13 Buyer(53.DP't) 02121/11 17:36:13 Seller(Â§) L___ accompanied by a Gianulias family member to occupy unit Fasching Haus #350/450 and Fasching Haus 8340/440 (entire units}, free of charge, four (4) weeks, (28 days) each year for five (5) years beginning June 1Â·, 2011, subject to limitation if the unit is under construction. Up to two (2) weeks, (14 days) shall be for Summer occupancy and up to two (2) weeks, (14 days) shall be for Winter occupancy. The Christmas and New Years Weeks shall be excluded. Seller selections shall be subject to prior committed reservations in place. Seller shall pay for any and all housekeeping cleaning expenses and miscellaneous fees associated with each stay. 3. Seller has no knowledge that his unit has ever been used Es a permanent residents home. To the best of Seller's knowledge it has always been a vacation rental property. Seller will issue a letter stating the above to the Aspen Building Department if requested by the Buyer. 4. EXCLUDED FURNISHINGS. Seller agrees to not remove any excluded furnishings including artwork, personal family photos excluded, until mutually agreed upon by Buyer and Seller or until remodel construction begins. 5. CLOSING DATE. 5Ihe date of Closing s)*â‚¬ff-May 15, 2011. AtABuyerls option, Buyer may Close earlier by delivering written notice to the Sal*er at least ten (lgkbusiness days prior to Buyer's intended Closing Date. 1-- --// 583 30. ATTACHMENTS. The following are a part ofthis Contract: 584 1. Addendum A to Contract to Buy and Sell Real Estate, dated February 21, 2011. 2. Addendum B to Contract to Buy and Sell Real Estate, dated February 21, 2011. 3. Lead Based Paint Disclosure 585 Note: The following disclosure forms are attached but are not a part ofthis Contract: 586 n/a 587 | SIGNATURES DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST Faxu 513-831-9277 BUYER DATE, 1 l z.--2...) 1 1 ----7 6-r;-t--0 r- U 1 By: DOUGLAS P. BRENDAMOUR, II}RWSWEB G-,9---3 -rth, 588 Electronic Address: dougbrendamour@aol. com 589 590 INOTE: If this offer is being counterÂ·ed or rejected, do not sign this document. Refer to Â§ 31] 591 SELLER 404 DATE apaES k rGIN-olns t l #4 #: 949-955-3090 592 Electronic Address: icq@gcomeanies. com 593 594 31. COUNTER; REJECTION. This offer is O Countered O Rejected. 595 Initials only of party (Buyer or Seller) who countcred orrejected offer 596 597 | END OF CONTRACT TO BUY AND SELL REAL ESTATE 598 599 32. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DIS~LOSURE. 600 (To be completed by Broker working with Buyer) 601 PREPARED BY: Douglas L Nehasit, Broker Associate CBS'1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL). Colorado Real Estate Commi:sion ReaTFASTÂ® Sollware, Â©2011, Version 6.16. Sortware Registered to: Michael B. Adams, BJ'Adams & Company 02/21/11 17:36:13 , Page 12 o! 13 *El 602 Broker O Does Â¤ Does Not acknowledge receipt ofEarnest Money deposit specified in Â§ 4.1 and, while not a party to the Conkact 603 agrees to cooperate upon request with any mediation concluded under Â§23. Broker agrees that if Brokerage Firm is the Earnest Money 604 Holder and, except as provided in Â§ 24, if the Earnest Money has not already b.en returned following receipt of a Notice to Terminate 605 or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual 606 instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written 607 mutual instructions, provided the Earnest Money check has cleared. Broker bgrees that if Earnest Money Holder is other than the 608 Brokerage Firm idendfied in Â§ 32 or Â§ 33, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained 609 on or before delivery of Earnest Money to Earnest Money Holder. 610 611 Broker is working with Buyer as a O Buyer's Agent O Seller's Agent O Transaction-Broker in this transaction. 612 0 This is a Change of Status. 613 614 Brokerage Firm's compensation or commission is to be paid by O Listing brokerage Firm O Buyer 615 Â® Otker No Commission paid to Selling side. 616 Brokerage Firm's Name: By: Signature Date 617 Electronic Address: n/a 618 619 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 620 Go be completed by Broker working with Seller) 621 622 Brokerâ‚¬kbbes Â® DoesNot acknowledge receipt of Earnest Money deposit)specified in Â§ 4.1 and, while.not a party to the Contract 623 agrees to cooperate upon request with any mediation concluded under Â§ 23. Broker agrees that ifBrokerage Firm is the Earnest Money 624 Holder ands except as provided in Â§ 24, if the Earnest Money has not already been returned following receipt of aNotice to Terminate 625 or other written notice of termination, Earnest Money Holder shall releasÂ¢ the Earnest Money as directed by the written mutual 626 instructions. Such release ofEamest Money shall be made within five days of' Earnest Money Holder's receipt of the executed written 627 mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the 628 Brokerage Firm identified in Â§ 32 or Â§ 33, Closing Instructions signed by Bu>er, Seller, and Earnest Money Holder must be obtained 629 on or before delivery of Earnest Money to Earnest Money Holder. 630 631 Broker is working with Seller as a Â® Seller's Agent O Buyer's Agent O Transaction-Broker in this transaction. O This is a 632 Change of Status. 633 634 Brokerage Firm's compensation or commission is to be paid by Â® Seller 0 ~uyer 0 Other n/a 635 636 Date: Februarv 20, 2011 637 Brokerage Firm's Name: BJ*Adams & companv 638 Broker's Name: Douglas L. Nekkil /7 639 D kt /4 640 Brokefs Sidlature - - Date 641 Address: 534 E. Hopkins Ave. 642 Aspen, CO 81611 643 Phone No.: 970-922-2111 644 Fax No.: 970-920-2927 645 Electronic Address: doua@biaa.net PREPARED BY: Douglas L Nehasll, Broker Associate CBS1-8-10, CONTRACT TO BUY AND SELL REAL ESTATE (RES!DENTIAL). Colorado Real Estate Commisston RealFASTÂ® Software, Â©2011, Version 6.16. Sollware Registered to: Michael B. Adams, BJ'Adams & Company i Buyer(5) ~~O 02/21/11 17:35:13 ; Sel! 1 1 1 17 KEARNS RDA D 534 E Hot'KING AVENUE PO Box 6699 1~ 83*ADAMS AND CO.MPANY ASPEN, CO 81611 SNOWMASS VILLAGE, CO 81615 '*r r Real Estate on Higher Ground (970)-922-2111 (970) 923-2111 FAx (970) 920-2927 FAx (970) 923-2927 Februarv 21. 2011 \'[SI\\(Dihtihh'086*hbt,h~E,&:Witaniklt,B#yebl,Wea).1'1**Amhkkibrb(ae#VotbhbhÂ»liMAâ‚¬W)+tbbVAA*Add~RhhREW,Le \'06A0ilibRibblthWs\M*2,%h n/a Â® (Contract to Bov and Sell) This Addendum has not been approved by the Colorado Real Estate Commission. It was preparha'byih&*~b\&16Nt*Ue by BJ*ADAMS and COMPANY'e legal counsel for use bv BJ*ADAMS and COMPANY, ADDENDUM: - In the event of a conflict between this Addendum and the Contract, this Addendum shall prevail. This Addendum A is hereby made part of this CONTRACT TO BUY AND SELL REAL ESTATE dated February 21, 2011, regarding Fasching Haus #340, 747 S. Galena St. Aspen; Pitkin County, Colorado, between Douglas P. Brendamour Children's Trust, by Douglas P. Brendamour, Trustee, Buyer, and James C. Gianulias, Seller 1. Regarding Â§4.2, PURCHASE PRICE AND TERMS/Earnest Money: Earnest Money shall be due within two (2) business days from NEC ("Alternative Earnest Money Deadline") . All earnest monies paid by Buyer shall be - placed in an interest bearing money market type account with a local commercial bank with all interest thereon accruing to buyer. All interest accrued on such earnest noney shall be held for the benefit of Buyer and shall be paid to Boyer at closing or at the time the earnest money deposit is returned to Buyer pursuant to any provision of this Agreement. However, in the event that Buyer is in default hereunder and Seller has properly terminated this Agreement pursuant to this Ag=eement, Seller shall be paid all interest accrued hereunder at the time the earnest money is paid. Upon execution of this Contract, Buyer shall either complete (i) an IRS Form W-9 aetting forth Buyer's social security number or employee identification number or (ii) an IRS Form W-B, Certificate of Foreign Statua, certifying that Buyer is not subject to backup withholding. If Buyer properly terminates the Contract, all Earnest Money shall be returned to Buyer. 2. Regarding Â§8.5, RIGHT TO OBJECT, CORE. Section 8.5 of the Contract is hereby replaced in its entirety with the following: 8.5. RIGHT TO OBJECT, CORE . Buyer' s right to object shall include, but not be limited to, those matters listed in Â§13. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in Â§ B.1, 8.2 and B.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the Bane. If such unsatisfactory title condition or commitment term is not corrected to Buyer's satisfaction on or before the seventh (7th) calendar day after the last to occur of the Title Objection Deadline, the Survey Objection Deadline and the Off-Record Matters Objection Deadline, or on or before the Closing Date if it occurs earlier, or with respect to an objection made after the Title Objection Deadline to a new Exception as contemplated by Â§8.1, within seven (7) calendar days after Seller's receipt of such objection or on or before the Closing Date if it occurs earlier, then this Contract shall terminate one calendar day at the end of such time period unless before such te=mination Seller receives Buyer' s written withdrawal of the subject objection(s). 3. Regarding Â§10 PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSCEABILITY, BUYER DISCLOSURE AND SOURCE OF WATER. Buyer shall have until the Inspection Objection Deadline Â· Â§3) , to conduct a due diligence review of the Property. During such period, Buyer shall be entitled to review all aspects of the Property including but not limited to the following: physical inspections, radon tests, survey matters, soils tests, availability of utilities to the Property, zoning restrictions, FAR requirements, economic development aspects of the Property, and any and all other conditions or restrictions that Buyer may deem significant in the development aspects of the Property. If written notice of any condition which Buyer, in Buyer' s sole discretion, finds unsatisfactory, signed by or on behalf of Buyer is not received by 5: 00 PM Mountain Time on the Inspection Objection Deadline (53), all aepacts of the Property and inclusions shall be deemed to be satisfactory to Buyer. If such notice is xeceived by the Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before the Resolution Deadline (Â§3), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and inclusions as a result of any inspections. upon t.ermination r the earnest money deposited PREPARED BY: Douglas L Nehasll, Broker Associate Open Addendum. Colorado Real Estate Commission Res!FASTÂ® Software, Â©2011, Varsbn 6,16. Sofhware Registered 10: Michael B. Adams, BJ'Adams & Comparly~ Buyerts) f)â‚¬_2~ 02/21/11 17:39.47 Fgh.di 2 Seller{:46~- hereunder,shall be returned to Buyer and both parties shall be released from any further obligations hereunder. If Buyer fails to terminate the Contract as permitted above, the due diligence review shall be deemed to have been satisfied. 4. ASPEN REAL ESTATE TRANSFER TAX. Ordinance No. 20/Series 1979 Â©f the City of Aspen, imposes a real estate transfer tax upon this transaction in the amount of one-half percent (1/2%) of the purchase price of the Property, and Ordinance No. 13/Series 1990 imposes a housing real estate transfer tax in the amount of one percent (1%) of the purchase price of the Property exceeding $100,000.00. Buyer and Seller hereby agree to split the real estate transfer taxes and pay at closing. 5. RADON GAS. Boyer acknowledges that radon gas does exist in Colorado. Buyer, at his option and expense, may choose as part of the inspection contingency to have a radon test performed. 6. COLOR*bo STATE INCOME TAX. Seller has been advised that under Colorado law (C.R.S. Â§ 39-22.604.5), in the case of any conveyance of a Colorado real property interest the person or party providing closing and settlement services may be required to withhold Colorado state income tax equal to 2% of the sale price (or the net proceeds resulting from such conveyance, if less) when the transferor is a non-resident of. the State of Colorado. Seller shall be obligated to either comply with the withholding requirements of C.R.S. Section 39-22-604.5, or provide an affidavit in form and content satisfactory to the person or party providing closing and settlement services which certifies that the Seller is not subject to the withholding requirements. 7. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT COMPLIANCE/NON-FOREIGN SELLER. Seller warrants that Seller is not a Foreign Person as defined under Internal Revenue Code Section 1445 and is not subject to withholding as required therein. Seller will execute an affidavit to that effect prior to closing. 8. CLEANING. Seller, at Seller's expense, agrees to clean the Property for Buyerts occupancy. All rooms of the home shall be professionally cleaned and ready for occupancy; all carpeting shall be vacuumed and all trash removed. In addition, all appliances, cabinets, drawers and all bathrooms including tubs, showers, sinks and toilete shall be clean. 9. PROVISIONS TO SURVIVE CLOSING. All agreements, representations, covenants, and warranties contained in this Agreement shall survive the closing hereunder and shall not be merged thereby. All parties further warrant that all representations and warranties made herein are true as of the date of the Agreement and will be true as of the closing hereof. 58-AÂ£ /3 21 26.1 U BUYER I. DATE Douglas P. Brendamour and/or assigns SELLER Â«,li\J (1 DATE 7.)256/1/ James C. &3~nulias ' PREPARED BY: Douglas L NehaBU, Broker Associate Open Addendum. Colorado Real Estate Commission ReafFASTÂ®Software, Â©2011, Version 6.16. Software Registered to: Michael B. Adams, BJ~Adams & Company 02121/11 17:39-47 Page 2 01 2 - Addendum B to the "Contract to Buy and Sell Real E-state" Dated February 21, 2011 between James C. Gianulins "Seller" and Douglas P. Brendamour Children's Trust "Buyer", for the purchase of the property known as Unit 340/440 Fasching Haus East Condominium This is Addendum B to the "Contract to Buy and Sell Real Estate" Dated _ February 21,201 1 between James C. Gianulias "Seller" and Douglas P. Brendamour Children's Trust"Buyer", for the purchase of the property 1:nown as Unit 340/440 F~ching Haus East Condominium Whereas Buyer plans to renovate Unit 350/450 and Unit 340/440 and combine - 350 and 340 as one unit, and 450 and 440 as a separate unit in such a way as to meet Aspen Building Code Requirements. This agreement "Contract to Buy and Sell Real Esta-e" is contingent on the following being acceptable to Buyer in Buyers sole opinion 1. Buyer is able to renovate and make changes lo both units that are acceptable to Buyer. 2. Requirements to meet Aspen Building Code are acceptable to Buyer. 3. Changes and renovations desired by Buyer ate approved both by the Board ofDirectors of Fasching Haus East an(~i the Aspen Building Departments. 4. The construction cost and timing is acceptabl~ to Buyer. Buyer mustnotify Seller in writing prior to May 2,2811, 5pm MT ifthe above is acceptable or unacceptable to Buyer. If ;'Acceptable", both Buyer and Seller will work to close the purchase by May 15,2011. If "Unacceptable", this agreement "Contract to Buy and Sell Real Estate" shall become terminated and null and void. This Addendum B is hereby agreed to and executed 1~y Buyer and Seller on 11 day of -FOÂ·o ,2011, Seller 13uver James C. Gianulias Douglas P. ~rendamour Children's Trust - By .Jy-3 "-, -YG#-154'. Ch-,L- 4.9 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 15, 2011 at 8:00 AM Case No. PCT23101W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 870,000.00 Premium$ 1,933.00 Proposed Insured: Rate: Standard DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JIM GIANULIAS 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: V ff CONDOMINIUM UNIT 340, \PY 2/ FASCHING HAUS EAST, A CONDOMINIUM, according to the Condominium Map thereof recorded June ~lf ~ 26 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26r 1969 in Book 241 at Page 794 and amended by instrument recorded March 17,1975 in Book 297 at Page 142. PITKIN COUNTY TITLE, INC. Schedule A-PG. 1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: /991*92 C ) 1 1 ./1.1 \ 1 ) 1 1 ir \4\ 1 11 1J 4 1. J 1-1 RECFI, MAR 2 0 20;1 CITY OF -,r cN ATTACHMENT 2-LAND USE AlFf~~818*TrdAVELOPMENT Clwk* u>v#j PROJECT: Re,04 fÂ· t} -r Â·'-'~1 TV'*Cl) '6 -14, Fl e" -re viN H ou.le. C....1'0 &.494 0,4+0 7-lod.2 5 9 -3 \Crf/co>\ ' Name: Pascu~4~_H&.41 Â£461- 04-Â·i'T 6\50/890 a.#,1 FA/CÂ·44~..KJA.J Eg-t w.U t-4640)1 4,0 Location: 14.7 6. 6- 4\060- 9-recET, 0.=ftâ€¢-4, 60. 8 16!l (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) u-J 6(55/150 -f-el *F 0.-13 7,8 2 78008 , â€¢eÂ·â€¢'Â·t-440/340 - 7-'=C-\:w o.'37,113 4-78Â©66 APPLICANT: Name: Do+0(-4 7. 93,erÂ·,&*-0~*. CUÂ·Ak-L*t 1-â€¢Â·~ it- Address: 6 i o 5- 7 * r k R. 0 - ck 0,4,-:-14&*., DA:o *52,43 Phone #: 05-13) 3ll -0077 REPRESENTATIVE: Name: , -D ew 6 \,1 1, 0 Fc *a a- Aou p g. r o. Ate r , Address: 610 5 7*.rk Rooâ€¢k C...'-1,1.,-*w.*, 04:4 6152+03 - , 1 Phone #: (5723) 312.-00~7 7 TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) U Text/Map Amendment D Special Review El Subdivision U Conceptual SPA U ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ~1 Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review U Lot Split E Small Lodge Conversion/ Expansion Residential Design Variance U Lot Line Adjustment E Other: Rejeue-,affy'e.iÂ¥ 4 Conditional Use r k fÂ¥1 *\+1 - Fa-â€¢-r<7 H ogsâ€¢wo ur,0[ EXISnNG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) -rvio (i) al-\ti Flee, T.e U,W He.â€¢ses Â£96:cl- coÂ·-6 , -C- 6 a-g N Ece~ rÂ°& r#x j a,vJ k -2 be~JS e.Â·~'~-Â·- CdoLve 6(â€¢ve tâ€¢,j +1Â·.e- shÂ®,-Â¥ 1-â€¢, 4 ,.c...t 4 p ,e l g<â€¢ce. -rAe.u,u Co /4 6+ *..(-217 0.3 . PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) IREÂ¢.0,04-1 ~ â€¢â€¢ -â€¢- tro d k a Â«4 j J Lr,+ 0 'Rus (1) S\*tit 411 Â©Or u...463 . 1-kt- -Fuao u-Ji-N.1 J,â€ž 64,\\ 6.9â‚¬- 1. Ge-&'to#A.3 4 - k -7 uÂ». t> e 'A s NA k. 5 6-t k. u.-1 60 JA\ Jl<\\ 6 Â£ r e ,A-2-3 , # ~AL Â£ 6 OR Have you attached the following? FEESDUE: $ 735 T 1 - r a.-,Â¥.4 Foo l , Â® Pre-Application Conference Summary 5 0 Attachment #1, Signed Fee Agreement f Response to Attachment #3, Dimensional Requirements Form Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards j 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 00 U ATTACHMENT 3 CS, Aa, e- 1=\0., co-* O 1 DIMENSIONAL REQUIREMENTS FORM 42CY_itl Project: Rec-D-4â‚¬,3-M'-3-1.4 0(LL) *-tt'.Flaâ€¢ r-rouuk...~e Â£0-vio u....th â€žWro 16â€¢All~4~ Applicant: 00.li'C 'Plre rv la.60-0--, C.14,\2'.re- VVI Tr-$-t Location: 747 S G Je- 4 4- S.Â¥ r te*; 6.-~ re..0 ; 6 0, 2 1611 Zone District: LeÂ«Bt L Lot Size: Ex- Jl--0-â€¢1 -TS -3,1-1.4, 4 7=3 - r c L..1.-. 2F+4 a.+-6 Lot Area: -L (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steel: slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 1,Â·r Proposed: *1 Number of residential units: Existing: 2 Proposed: -1 Number of bedrooms: Existing: 9 Proposed: L-\ Proposed % of demolition (Historic properties only): 9-kÂ¥ 4 SD /250 / 09 9 0 u.il 450/440 114 9 0 DIMENSIONS: -M 440 1 399 / 0 18 0 -'1+ 350 /340 -1211.3 % Floor Area: Existing: 2-\9 Allowable: Proposed: =Li U Al--A - Principal bldg. height: Existing: Allowable: Proposed: m o o % Access. bldg. height: Existing. Allowable: Proposed: C...8.913 u,\\C *OQ- ~ On-Site parking: Existing: Required: re-co-,4,t--e.4 Proposed: , rao Lr...03 9&-blt 'Flop r- % Site coverage: Existing: Required: Proposed: 00 -, k o. 44 as D % Open Space: Existing: Required: Proposed: 5 0 2. c_ 0 4-0 -r'ke_ Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: *6 rÂ»% d'Z <h..r,J' Combined F/R: Existing: Required: Proposed: Ic,d-V' e-J ..ru.* Side Setback: Existing: Required: Proposed: - Side Setback: Existing: Required: Proposed: -rk c- s ..v#e. lore r,Gr 'kees Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: 9122 =4- Buildings FE:. S c.\-Â· "-'> A-- 5 Existing non-conformities or encroachments: re 0 -3 4 : At , Variations requested: .4 0 le E- 1 1.. C FIt r 9- L_J ) It 7 , 1 C lb 3 1 1. j.. z D INO 28 2011 CIL 4,1-, '6Â© 6N CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENTAID )EÂ¥uOPMENT I Agreement for Payment of Citv of Aspen Development Application Fees CITY OFASPEN (hereinafter CITY) and 130,~(a.1 -P. 2>fc.64&.-d .,r Cux\&.p.-1 Tr 4 JÂ¥ (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY anapolicationfor 8 0.-0. O'v 4''S -r,-8. .rv* ol.23 A-2-1 floor -'roJA Mouit- Co-IU -Atd 4-,-4 Two<Jib Â·fu-4JE TCIâ€¢Df C..Ad:d> +04.its (hereinafter, THE PROJECT) 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he I will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect amount of $ 7 95 which is for -rk,cd.3 ) hours of Community Development staff time, and if actual full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension ofprocessing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: v./ / Chris Bendon Community Development Director Date: 3~ 13/il Billing Address and Telephone Number: -r r .fr 6165 P.* M R....k c , .4 0 t -J W OLIi + 0 k i 0 45144 3 65-<3) 312-0077 1 1 1. 2 h W 4 [ 111 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER Jessica Garow, 429.2780 DATE: 3.18.11 PROJECT: Comb~ng of Units at Falsting House APPUCANT: Doug Brendanour, 513-312-0077 DESCRIPTION: C ec 6 4 g, 5--rt, The Appicat is seel* to FrA two uits li the Faushing House. The subject properly is zoned lodge (L). The zone cist,ict inducles iniatkws on the ma(imum allowable size End the combining of residential mlitiÂ·family Lnits Currently, the Lodge (L) zone dstrict permits a ma<imun multi-hmily residentia uu size of 1,500 sq. ft. of net livable Erea (LU.C. Section 26.104.100, Defdtions) unless a Historic Transferable Development Right b puchased, which wolld enable the units to reach 2,000 sq. ft. net ivable. Aditionaly, the combining of mlitiÂ·family residential idts is sikiect to the glowth mmagement review: Demolition or redevelopment of nUtkfamily holming (LU.C. Section 26.470.070.5) and e#fotdable housing mitigation unless the proposal is exempt from the gowth minagement review under a runber of allowed exemptions. It appeas thet the Applicant beieves the folbwing exemption is applicÂ£1]le "The demoition, cornbk*g, convelsion, replacement, or redevelopment of Mlit~nily Holsig Units whch have been used exclusively as touist accommodations or by non- working residds. The Corm,lnity Development Director may reqlire occupmcy recor* leases, affidavits, or other doclmentation to the Mtisfaction of the Director to demonstete the uNts(S) has never housed a workN resident. Al other requirements of #is title shi stil apply inducing zoning, growth mmagement, and b~*4 codes.' The Applied wi need to submit a IEnd use applicion with applopliate doclmentation showing thit the above-referenced exemption is met. In ackition, the applicant is interested in m*ing some exterior chaiges to the bdking that would impact the windows. The Applicmt is interested in ad~g nonÂ·orthogonel windows, which does not meet the Residential Design Standaa. The Applicant may recpest a vaknce from hs requirement. The Applictnt sholid be awie that at the time of blilding permit the zoning officer wil review the design to enslre it complies with all applicable zoning rec,irements, inducing uit size ind any internal connections between lnits. LEnd Use Code HYPERLINK ~http://www.aspenpitkin.com/De~tments/Commoity-Development/ Planning-and-Zoning/Title-26-Land-Use-Code/' http://www.aspenpitkin.com/ Depanments/Community-Development/Plannin*and-Zonina~Title-26Â·Land-Use-Code/ Lmd Use AppiCEtiOn HYPERLINK 'http://www.Epenpitkhcom/Portals/(Vdocs/City/Comdev/Apps%20enci %20Fees/Imduseappform.pdf' http://www.aspenoitkin.com/Portals/0/docs/Citv/ Comdev/Aops%20anc1%20Fees/lancluseamform.pdf Land Use Code Section(s) Common Development Review Procedures 26.410.040 Residential Design Standards 26.470.070 (5) Demolition or redevelopment of muNamily housing 26.710.190 Lodge zone district Review by: - Staff for complete application - Case planner for detenniniation Public Hearing: Not required Copies of Application: 2 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 2), Planning Fees: $735 (This includes hee hours of staff review time. Additional planning hours over deposit amount ire billed at a ra*of $245~hour) Total Deposit $735 To apply, submit the following information: Total deposit for review of the application. Proof of ownership. Completed Land Use Application Form. A signed fee agreement A Pre-Application Conference Summary. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the appltant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. Street address and legal description of the parcel on which development is proposed to occur, consisting of a cunent certificate from a title insurance company, or attorney licensed to practice in the Stateof Colorado, listing the names of all owners of the property, and al mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Applica#on. An 8 1/20 by 11 Â» vicinity map locating the parcel within the City of Aspen. A written description of the ptoposal and an explanation in written, graphic, or model forin of how the proposal complies with the review standards relevant to the development applicabon. Please include eating conditions as well as proposed. Please provide awritten response to all applicable critefia. 2_copies of the complete applic=fon packet and maps Disclaimer: The foregoing surnmary 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 V.11,0 1 ph l 111 17 j 1- J 4 Douglas P. Brendamour Children' s Trust 6105 Park Road, Cincinnati 45243 The City of Aspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Dear Community Development City of Aspen, Douglas P. Brendamour Children's Trust owns Fasching Haus East Unit 350/450. The unit was purchased in 2003 and has always been in the short term rental pool. To the best of my knowledge, the unit has always been rented short term. Doug Brendamour, Grantor of the above Trust is authorized to act on behalf of the Trust for all of these matters related to Unit 350/450 and the proposed acquisition of Unit 340/440, and the reconfiguration of the subject units. His address is 6105 Park Road, Cincinnati, Ohio 45243. Phone # (513) 312-0077. Sincerely, 1-24 %-A Tom Kereiakes, Trustee Doug Brendamour, Grantor Date 441 Date 3 j 2...3/ 1) Page 1 of 1 Subj: Jim Gianulias Signed Document Date: 3/24/2011 1:49:52 P.M. Eastern Daylight Time From: kwalsh@gcompanies.com To: dougbrendamour@aol.com Hi Doug, Here is the signed copy of the agreement you requested. Let me know if you need anything else. Thanks! Sincerely, Karen Walsh, Executive Assistant to James C. Gianulias THREE G DEVELOPMENT 1105 Quail Street, Newport Beach, CA 92660 Thursday, March 24, 2011 AOL: DougBrendamour JIM GIANULIAS PO BOX 2990 NEWPORT BEACH, CA 92658 (949) 955-3832 I, Jim Gianulias, owner of Fasching Haus East Unit 340/440, have executed a purchase agreement with the Douglas P. Brendamour Children's Trust, contingent upon approval for reconfiguration of the two units. I hereby give Doug Brendamour authority as my representative to apply for subject zoning approvals. I have owned this unit since 1989 and have always rented it in the short term renal pool. To my knowledge, it has always been rented similarly in the past, prior to my ownership. Signed #,3 ~- _ a Date -Â·3 h -*f 4 C Jim Gianulias r vI = , - 1 4.~\ 9\ i 1 ' 1 iL_.-L -D@eÂ¢ 1 -' *742- .1 - ~~ , ~,1-4147>00~~~~~#i& 1...~ - ~74,429,4401&~ at the top of Ajax: Four-Mountain Sports at the Sundeck Lies'.:rl.Â£01 '6'43*:=~ 2 -v=.6.- f -i-Vj' P, k: Â·Â·44?~Â·~iF.,2,~ 4_Â£Â¢r'~ I i h~ .1- -_ 3'r-+8 kii?tk I.-:1 }154-3.*10~ .24,4 r ' 2-'r. ,-194~pr.. waa -g*~-~+~ : + %2~ + ,*4 ... 1.39*J3/2. Â»5 93}L *V,1-2 'Â·.4. ~Â·1 r. .aâ€¢ 4 2/-Rf&"flicet'#-r gh I. /1 9 - 57%.' ~~ 1,04 ,~t " ' :. 444 4 ' e .10254*r; 4 $./ 1 4 4 1 *7- '1~ r. .4.44 ack.,%9 . 1 4474.34 6 6 .5 4 74*&#1& I - ~~:416,4. 1 -1 '> AASWAZELPPAYÂ©h@r 9.e"45-78,4'.4* I -4.- 1 8 1% uke,â‚¬~3:41'G?"3 2/ -li**a.p. -I----'- 1 4 4 F- x s,-C , -Â· n #4 0- w#6 - /=3@f #Figiclitinmull 6~1* 1- 76.- I fI aze EN"Ktâ‚¬61 .a!mÂ¢#1~1.Ze- V<*b#hb)- 1 . tg,rÂ· ~ Aspent Ufestyles 01 the Rich & Famous I - A4. e. - R - 3% m. l 4 All Â£ /1 #13-1â€¢-.Imfit~ Aspen Mountain Trail-be',*116'k u l wa A.-x=*5 0, ~ ~ j. + THE 12 Mth & 11 3/&0 k 'i \\ ~1 ASPEN t \ ips . 71 ''.~4~i':41 --2 Llit U U ' mNIUM ..==ll 1490&9#EW#Â¥#47 'i- , n ~ Â·i *331 The Rest=ant at St R, / Remede Spa CHAIR \'lly- , Aspen Sports HYATT GRAND ASPEN - c-* Ar Scr e /2 ~ ~| RESIDENCES AT â„¢E LrTTLE NELL /r?'Ari =Mjt~YFWSZ/M tiCr -4,4=11 l:*-*Ga 3 â„¢E LITTLE NEU Ajax Tavern .94'i-,iESERFEREBLE:Immili~1 , ILA---- ......p .......1 - r.-- --a- ..--'. a.- Al[[Â£1 1, 64 11 4 i1-@yym.[ C#agna Restaurant & Bar i l.~ f,%6#5*:Wi:#61:Immil#*%-9**.mum~- Tenice Bar a ./ Mt------.U10 01/10 wrthtÂ«Whrfrig 2216 Nlets E--IVORTH-OF-NEU.BUIWNG-T- GONDOLA Slarbucks ..1 NORTH OF NELLCONDOMINIUMS - ' E. DEAN ST. Coffee L.â€ž-..........~ 1 Stefan , re-k-IIJ#AV--- ~g-~ ~'~mml~~~~mm,t erj PLAZA 1~50& *MEM~---- ~1%Â£~i:40+;PHA'Â·I,I|~milll[ PLIT,Il ~ ';Â·11,1!1!1, blt, A=m | f ~*6,47 - Silver Circle Ice~2Z-- Â·,(i~3Â¢l ...E"/FE./0 IWM Dennis A Blazing Adventures !''"'* U R. r n 'HM " ' h, 11 1 Zurcher & *:**il@= I n.*mUJ Celiars Basso CP Burger : L a 2, -1-- U.--T - Aclivity Headquarters r.l~St~; #1%4.es Generation Aspen , Aspen Bike & Scooter Aspen Jewel Box High MountÂ»in Taxi w,CZEmk C~) THE MOUNTAIN CHALIET ~ Rentals (surnmer) ~~~~ ~r~~~Il 970-925-TAXI {8294) 0 hn,taxi.com E 300's AJAX TN. BLDG. Â£ 500'5 2 Amen Wal,ly Stephen#WiL;1 LU Home Hamilton Sports ink! Coffee Vktoria's BUSES Pomeroy Sports Surefoot - i The Ski Boot Store r-/. r--1 GT:=T=%2 --2r~~ q The Gallerie RUBEY PARK TRANSPORTATION CENTER CD CO OP?~3~ ~ Noort,3 collection. 2nd m R.F.LA- TRANSIT HUB L,m.nf Belly Up H ~ 9254484 Malo .Fria 1 The Big Wm~IR,EN. The Shit Man -m,U *lip/r Gourmet Burritos ASPEN GROVE MALL ~EN SQUARE CONDOMINIUM HOTEL ~ i Aspen Grove Flne Arts- (201, I cd [ Upst- & Courty- Â£ 1 Â£=J-: : Aspen Je~8-â€žâ€¢ Blue Galler~ The Litle Bird - -*& Roots Canada - --4 Setterield i di) & Bright ~26Dav,~C ~%*1 1~ INDEPEENDENC~ Â·Al SQUARE HOTEL ~ L_---_~ Aspen ~ , McDonald's of -~ PEUMN"rep#' Jewelry en Provence 1 11 Wagner Pa, roung #ZL B'Jewel ~,~~h Nuages = PISMO L Mark -~~th _ ~Li~ f~ ~ aock QcZ.P../ 212GAUERY -.~,TT~.19;3-Fh ZE'it r =rte 1,1 ~ ]rÂ·'~~ Dannenmann-Pure Meridian Jewelers 9~9 COOPER AVE. MALL MILL PIDUc HUNTER PLAZA INFORMATION 9,89 - _ r- Restrooms Mezzlluna Aspen Yam Gallery, 2nd Fl. ~~rts Cente~~ 1 BIP:,ml==11 ~Sm SPEN The Golden Galerie Pit]On County Dry Goods - Bough Maximillian Chequers = Paradise Bakery Mountain Man Shirt Hansen ~ Henly Beguelin -1 -Loâ„¢ D- - Compa. r-- 6_1**1. .,tme,â€ž,--~-'K Be//w.Â· 520 Grill . ..geek Holly ~ *~n Te~r C-k ~!d~M n ~ ~ ~ -1 Ir : If j 1 -/1 '11 L J 11 ' lk-'. r 1!F 19 C ,9 9. Multi-Familv Replacement Exemption 8.c. The applicants for this project desire to apply for the 8.c. exemption to section 26.470.070.5 of the code. As stated in the code 8.c., this exemption is for "The demolition, combining, conversion, replacement or redevelopment of multi-family housing units which have been used exclusively as tourist accommodations or by nonworking residents". The two multi-family condo units which are being redeveloped/renovated are located in the Fasching Haus East condominiums at 747 South Galena Street, Aspen, Colorado, towards the top of the Galena Street hill. This building has been well known since its construction to be used as quality short-term rental property for the tourist industry. Prior to its recent renovation in 2009, it had a sign out in front of the rental office that described it as "Fasching Haus Condominium Hotel". The Fasching Haus building has always had a tourist rental office on the first floor of the Galena side, further enforcing its use as a tourist accommodation. This office also serves a few other rental properties on the Galena Street area. Enclosed is a letter from Doug Nehasil attesting his knowledge of the two condo units. Doug Nehasil is widely known as the "Historian" for the Fasching Haus, having worked there in many capacities, as well as having an office in the building for many years. Also, both current owners of the two (2) units have attested (see applicants letter, Section 7) that they have always rented their units in the short term rental pool, and have no knowledge that any historical owner has done differently. It is also the future intention of the Douglas P. Brendamour Children's Trust to continue to rent both units in the short term rental pool, which is currently managed by Frias Properties. ~RWEN.8-N*-G,-d | Â¢ n: B J *Al) AMS A vi,COMPANY March 16, 2011 City of Aspen 130 Galena St. Aspen CO 81611 Re: Fasching Haus #340 and #350 Occupancy History Dear Sirs; My name is Doug Nehasil, and I have been associated the Fasching Haus Condominiums since 1981 either through property rental management or real estate sales. I am very familiar with the history of occupancy of both Fasching Haus units #350 and #340. I can attest that both units have always been in the short term rental pool, even before 1981 as I knew original developer, Barbara Fasching, and the owners of each unit. The properties were originally rented through Barbara Fasching, then Condominium Rental Management (Lee Miller), then Aspen Lodging Company (Tom DiVenere), then Reso,Quest and now finally Frias Properties is the rental agent. At no time were these units ever owner occupied or rented long term to locals. I may be reached at 970-379-1148, if you have any questions, Best Regards, 00+4021-2- Douglas L Nehasil Broker Associate BJ*Adams & Company ASPEN , 534 E. HorK]x. AvENU .Asax. CO 31611 970.922.2111 Â¥:t:, 972.0202927 SNOWMASS VILLA<;E - PO nox 6699 17 KE.ARÂ» Ro.\11 S.wuu>. VII.I.At.iÂ·. C Â» 81613 970)4.2111 I ur 972.921.2927 uwâ€¢.19Adains:An,R:Imfinv.:Im1 em.tile, hi.3..nci 11 1 1 L. 1 1 -7 + 1 1/ L]t' 1 N 1 ' '1111 ~ 10 1-1 , 10. Residential Design Standards Variance Request The applicant desires a variance from the residential design standards 26.410.040.D.3.b which states: "No more than one (1) non-orthogonal window shall be allowed on each fagade of the building. A single non-orthogonal window in a gable end may be divided with mullions and still be considered one (1) non-orthogonal window". Enclosed is the proposed window (Exhibit A) on the north gable end o f condo Unit 450/350 on the fourth floor. This window system was designed by Scott Smith, who was the lead architect formally with Reno-Smith Architect, LLC, who designed the complete 2009 renovation of the Fasching Haus, which included all new windows and door replacements. Enclosed is a drawing of the renovated Fasching Haus building which shows the location of this window (Exhibit B). Scott Smith also had this window design approved by the Board of Directors of the Fasching Haus. It is important to note that this window (see Exhibit B) looks out over the roof of the lower third floor section of the Fasching Haus building. The roof location limits the visibility of the window from around the building (See Exhibit C picture 4). The gable and where the window will be installed are also shown on picture 1 and 2 on Exhibit C. These pictures show that this area of the building in its current state is a negative to the architectural appearance of the building. As indicated on Exhibit B, the building has many rectangular pieces to its architecture (i.e. wood bracing structure on side gables of roof, tops of chimneys, wood bracing structure on stairways) that makes the proposed window the proper fit for the building, where an orthogonal window at this gable location would not look right. We also understand that in the past when a unit was renovated in the Fasching Haus West building (see picture 3 on Exhibit C), a variance was allowed for non- orthogonal windows because it fit the design of the building. We respectfully request this variance so that the window shown on Exhibit A may be installed as part of the renovation of the condominium unit. 12- *C * 6 Lt A Â«fÂ» ~IKI- - - -' I-ICL-~I C I . 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT ~ EXTERIOR ELEVATION SCALE: 1/4- - GO- 1149 SO, FOOTAGE 4 4 50 L 0---1 i .190 -Ell.66:13 w, -4 ,ke #3 Le e.:t, 1 -J .Cep'...â€žm... 0,4... BIP.. ~SSVEI) FOR: PHICING. .11Â°altâ€ž'Atl=J=-\ ,)4*T,N, ~00, To ~ilÂ·,Al,i TrMA,M r,Al,R PAMAGic.De,i,T i/ N.,1... --7= â‚¬ G., .20Â·. S - k ~.431%L A~,44- A~ ~Â«cu.~~0 114 e01Â·1~ AMCA* CONST, DOCUMENTS R-Ov~17~'~U-1*v ~T*NUS p,~ONâ€¢~ 0/1-~A ~T,~. T~ ROD. 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U.-- Iip ....... . 1 , ' 4 1 1 1 --7* . 4 'lilli 1 1 $ . 211 l.j,1 , tâ€ž' ..Ill'...P- M .......~-'...i.....p-I- - 7., 1 +M li..#,~ -, P- 31 -, 0-will 1 :, , ** ' lic... . 1 m -1 :5,1/I k. 7.43*:Â·-:1 I Â¥ 442 94 t . 1 4-,5, 1 , 7 ,aw-,p-r :r~:..: ... 1 ~I/1.11-gj-~ . i _ ' ,, 1 1 14/, 9 .f r ' 1,1 ..i,w'.1 $ . - -,--...... ..I.....---.- 110 4- '1- 1 1 1 ... --. . ........ . THE CITY op ASPEN Land Use Application Determination of Completeness Date: March 31,2011 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0019.2011.ASLU - 747 S. Galena Street (Fasching House). h5~.4Â¥our Land Use Application is incomplete: ~ We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Appropriate Disclosure of Ownership, consisting of a current title certificate from a title insurance company, or attorney licensed to practice in Colorado, listing all names of all owners of the property, and all mortgages, judgments, liens, easements, contacts and agreements affecting the property. A deed for condominium unit 350 does not meet the minimum requirempnt. The title provided for condominium unit 340 does not provide all schedules and disclosures. J 2) Proof of rental history. Additional proof is required to substantiate the claim that these two units have solely been used as tourist accommodations. Occupancy records, leases and additional affidavits should be submitted. 3) Written responses to the review criteria for variances from the residential design standards (section 26.410.020 D.1). Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Other submission items may be requested throughout the review process al deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, 144_L Jennifer Phelan, Deputy Director - City o f Aspen, Community Development Department