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Home My WebLink Aboutcoa.lu.co.710 E Durant.Durant Mall.0048.2013 F4W THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0048.2013.ASLU PARCEL ID NUMBERS PROJECTS ADDRESS 710 E DURANT PLANNER SARA NADOLNY CASE DESCRIPTION CONDOMINIUMIZATION REPRESENTATIVE DAVID MYLER DATE OF FINAL ACTION 10/10/2013 CLOSED BY DJAMA MARTIN ON: 02/07/2014 Permits File Edit Record Navigate Form Reports Format 'tab Help JU. . �. ........ --_ ,. R t g Stags Fees Fee Somme Main Actions Attachments,Rooting 1st yaloation Ar ,Eng C.usom Fields ,Sub n I � Permit type lAspen Land Use I Permit= 00�8.2013.ASLU IJ Address E DUR 1dT Apt,Suite _ C ASPEN state� Stafe Z p 81411 Permit Information Master permit Routing queue as1u07 Applied`07 03:2013 Project I Stags 1pending Approved' Description APPLICATION FOR SUBDIVISION EXE,1PTION Issued 3 ClosedlFinal — Runn in Days 1 0 Expires DAVID(41YLER 927 0456 Clock 06,'28:Zti1 . Owner Last name RAI`JT MALL CONDOMINIUM First name MARC STILL 710 DURANT ASPEN CO 81621 Phone ,(9701927-04:6 Address Applicant F1 Owner is applicant? F1 Contractor is applicant? Last name MYLER First name BA'IB 211 MIDLAfJDA°�E 201 Phone 9701920-1018 ;Cost` :26693 Addlrpss RkSAl T CO 910 Lender Last name First name r .-. __... ._.. ......-_ . ___._. __ AspenGoldb(server angelas 1—o- f 1 5/5 :�r v6 7 713/1 e5. J6�-g• 2o[3�;q��N Pft t(ECEIVED JUL U 3 2013 ATTACHMENT 2—LAND USE APPLICATION CITY OF PROJECT: DUR<ANT MAIL PARKING C '�S P�"� Name: Durant Mall Dondominium Assn, Ltd. Location: 710 E. Durant, Aspen CO Indicate street address,lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: Block 106 Associates, Combo Ventures, LLC, Dale & Gabriella Dillingham Address: c/o The Myler Law Firm, 211 Midland Avenue, Ste 201 Basalt, CO 81621 Phone#: 970-927-0456 REPRESENTATIVE: Name: David J. M ler Address: 211 Midland Avenue Ste 201 Basalt Colorado 81621 Phone#: 970-927-0456 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ® Subdivision Exemption(includes ❑ Final SPA(&SPA Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc. Parking Garage for Durant Mall PROPOSAL: (description of proposed buildings,uses,modifications,etc. z'— i nhim=�� fcmr PXi 4ri ng zpa rki ncl urli t, crap ai-tar-;:1c 1 Pf tPr �c7c�ni i n i tiui r ie-• Have you attached the following? FEES DUE:�tqq® Pre-Application Conference Summary I E] Attachment#1,Signed Fee Agreement J ❑ Response to Attachment#3,Dimensional Requirements Form ❑ Response to Attachment 44,Submittal Requirements-Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5"X I1"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. FOURTH SUPPLEMENTAL CONDOMINIUM MAP OF. THE DURANT MALL (A CONDOMINIUM) 710 E DURANT AVE#P16,#P17,#P18,&#P19,CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO _ N" PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE FOUR UNITS IN THE PARKING GARAGE AS SHOWN ON THE CONDOMINIUM MAP OF THE DURANT MALL(A CONDOMINIUM)RECORDED FEBRUARY 6,1976 IN PLAT BOOK 4 AT PAGE 565 AS RECEPTION NO.181398 SHEET 1 OF 2 '- .,.^= CERTIFICATES,NOTES,CONTROL AND VICINITY MAPS I 1 M��ml�Wr1 wiOWlrws Y COOPER AVE �.I.ed®•,.,d.,.. w,w,. o.,.r,..,..r.°d.n..d.,..w,»m.w,m,,,®....o..,. ------'I—'---'----------------- FS.io rrnt�.an-------------- —�---- ,raa„,xra,.rzdmw,m I rwsrr.wr.rn "x`m"mrrr�"p0q°r eo°inM.�n tmptl'r°rwu� rm'�°I.s:w:.mn" I °'°I`°" e•uK,.wd.�r,.��. ._r.�r,.. w w o`:•rt•m"� r n xrar w MAF KET Iw n dd ow.x,uw Frtcpcouww•ewonnut�ro r """°°' gx,pwuru,nuu•w"rwu i I 6flM lc SCALE m,ed wwn I m Ixrurl r »„ xd,.x.x, roam N wrrNw,wrro r•6arrM° 14id,•34A v mun.dmw —O`vncw r•t m,twda. i rrwu ALLEY WAY � I ��nrwamo�Tio i.�v�miim°1°a ��a i � wr�I wrza o,mxurma D RANT ALLC DOS R 81398 ¢ aqq PROP RTY yyy „mn• rtmw,.d_�° Eg "; d1q",.`°er^."v",r1° x�. .,,'."'men,::..,°'�",w:I:".wd:..:mod, >ed,r•ww,rz,,wedee,.,rz°.•.,.x.. 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'.; zos[:wu:[mco"w.e I P-30 s,66a.6[,ss.6, [r cm,x[ �.r,w.»P.,m,[c�.«wv. ro s[.eo.6mrco6x[x _.__.___ _� os[vxoP[»ry wx:E6 •.i F._ _.__._- ,1. l _:,6w___•_, UNIT I UNIT j UNIT I .[r sE Z6666s UNIT "j+ mxi9 1 P-xi ,l j -26 I P-xi9 .. xiR ua I ,o.,a x[°i6R I i GCE _.. eeeex ,vzxin. _.. GCE UNIT ,._.°'-°'ffi�.:..- .._._ UNIT i '� ssu 1 UNIT cce cE�PxcoxuexEU�¢[s °S P-18 i iP-xis l , ,r P-28 - i ., ,T. [. 6v-EwrEn coxxw¢exw6 i nso.[r s I ° r z e6»z6 » I xss•� ° L..YCGEOCW![AflERtCN __.____ ' _ 1 963 sE CEnxlc,smucnmu-ExEw — P-17 I s6[EssEM[xr UNIT UNIT f »or[x[»[ox •^ MECHANICAL i, P-24 °• I .0 EIT EL{QTRICAL& x __ ¢ __.r oe+eokm.ma»[x"or»E.[ t,:.MECHANICAL, , xE cb"w xEC,umrx EeEHexr UNIT I ELEVATOR I EL{C7R(CA6$ i Rc�x6R�u Fn R.ERENTRu r,cxEO P-16 UNIT' j EUF ATAR wKa.cur srwn xrmx.rurmouuu",wnaR P23 6a6eurwa+Px[cEREwcouxcx¢Exexm•x[sE s.e6 , .66 r : __ Yom-. 13 11' ¢exE�rsnun,xPAw Pr[mwvuus x6v[xoreE=.x vncr• 12,,,_ r sr ixrE»oRwu,xEn»wcmPl RAMPS AND ACCESS CORRIDORS ARE GCE'S FOR PARKING UNITS AND FOR ACCESS TO ELEVATOR, 'wm MECHANICAL ROOM,ELECTRICAL ROOM AND TRASH ROOM. ull Z PS,6ewa PM P'taoz,saci 0.z TP I. GARAGE LEVEL PLAN VIEW GRAPHICS U R6m""c"'c»""O`•°'E'^wcwP6m.v"..rreP,xrtPm 1 w PEEr 1 SOPRIS ENGINEERING-LLC CIVIL CONSULTANTS p,6 502 MAIN STREET,SUITE AS onreo CARBONDALE,COLORADO 81623 (970)704-0311 THE MYLER LAW FIRM, P.C. A Colorado Professional Corporation TELEPHONE DAVID I MYLER (970)927-0456 211 MIDLAND AVENUE FACSIMILE ADN ETTED IN CO (970)927-0374 SUITE 201 EMAILS BASALT,COLORADO 141621 dmyler @mylerlawpcwm wincent @mylerlawpc.wm CHER VINCENT,PARALEGAL July 1, 2013 Jennifer Phelan,AICP RECEIVED Deputy Planning Director JUL 0 3 2013 Community Development Department City of Aspen CITY OF ASPUN 130 South Galena � 9UNI+Y CV�LOPMfol1 Aspen, CO 81611 Re: Durant Mall Parking Dear Jennifer, On behalf of the owners of Condominium Units PSI 6-19 of Durant Mall (A Condominium) and with consent of the Durant Mall Homeowners Association, Ltd., I am submitting this letter and the attachments as an application for an amendment to the Condominium Map for Durant Mall (A Condominium). This application is filed pursuant to Sections 26.304 and 26.480.090(B), Condominiumization. The amendment affects only Units PSI 6-19 located at 710 E. Durant Avenue in Aspen. These Units consist of parking spaces located on the lower level of the Durant Mall Condominium Building. The requested amendment will have the effect of dividing Units PSI 6- 19, each of which contain several individual parking spaces, into fifteen separate parking spaces along with the creation of common areas consisting of drive isles. In support of this application, I have attached the following: 1. Pre-Application Conference Summary; 2. Land Use Application; 3. Deposit in the amount of$915.00; 4. Letter of Authorization and Consent from the owners of Units PS 16-19 and the Association; 5. Title Report; 6. Agreement to Pay Application Fees; 7. Draft of Amendment No. 1 to the Condominium Map for Durant Mall (A Condominium) (two paper copies attached. Electronic version sent by separate e-mail); Durant Mall Parking July 1, 2013 Page 2 8. Draft of an Amendment to the Condominium Declaration for Durant Mall (A Condominium) which adjusts the percentage interests in the general common elements for the Condominiumized Parking Spaces and removes provisions from the Declaration which allow commercial use of certain Parking Units. If you have any questions or need any additional information,please do not hesitate to contact me. Very truly yours, THE MYLER FIRM, P.C. By: — David J. Myler DJM/cv Enclosures cc: Marc Still (via e-mail) Mark Beckler(via e-mail) CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan 970-429-2759 DATE: 9/13/12 PROJECT: Durant Mall, Amended Condo Plat REPRESENTATIVE: David Mylar, Attorney TYPE OF APPLICATION: Condom iniumization DESCRIPTION: The Applicant proposes to amend the condo plat for the Durant Mall Condominiums, The original condo plat was recorded under Book 4, Page 565 with the Pitkin County Clerk and Recorder's office. The plat, which was not signed by the city, shows individual parking spaces as units as well as multiple parking spaces as units. The Applicant would like to individualize each parking space into a unit. The applicant will need to meet all of the requirements of Section 26.480.090 (B) Condom iniumization, to complete the project. Additionally, staff is concerned that the parking may have been required to serve the building when it was originally developed and creating parking units rather than Limited Common Elements, will enable purchase of the parking by users not associated with the building This issue should be discussed with staff and resolved prior to submission of a land use application. Below is a link to the Land Use application Form for your convenience: http://www aspenpitkin com/Portals/O/docs/City/Comdev/Apps%20and%20Fees/2011%20land%20use %20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures JUL D 3 2013 26.480.090 Condom iniumization CITY OF .ASPEN Below is a link the Land Use Code for your convenience: kW, MUNITY DEVELOPMENT http•//www aspenpitkin com/Departments/Community-DevelopmenvPlanning-and- Zoning/Title-26-Land-Use-Code/ Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval ,t Public Hearing: No hearing required Planning Fees: $630.00 Deposit for 2 hours of staff time. Review time for City Attorney and other referral departments also applies and is billed at same hourly rate. Additional Planning staff time required is billed at $315/hour Referral Fees: $265/hour for Engineering Review deposit Total Deposit: . 0 (Additional fees will be required for filing. Those fees will be entified and due just prior to filing of the plat.) 6 tq 5- 'OT Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone'number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.090, Condominium ization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. FOURTH AMENDMENT TO CONDOMINIUM DECLARATION FOR DURANT MALL (A CONDOMINIUM) RECITALS: A. Pursuant to Section 32, the Condominium Declaration for Durant Mall (a Condominium) ("Durant Mall") as modified by C.R.S. 38-33.3-217 (1)(a)(I), said Declaration may be amended by a vote of sixty-seven percent (67%) of the Owners with the consent of one hundred percent (100%) of the first mortgagees. B. The Owners of Commercial Units PSI 6-19, with the consent of the Durant Mall Condominium Association, Ltd., filed an Amendment to the Condominium Map for Durant Mall (Reception No. ) which re-condominiumizes Commercial Units PSI 6-19 as Parking Units 16-30. C. At a duly noticed special meeting of the Owners of Units with Durant Mall held on , 2013, the Owners of more than sixty-seven percent (67%) of the undivided interests in the general common elements appurtenant to Units in the Durant Mall voted in favor of the Amendments to the Condominium Declaration described below. D. Notice of the proposed Amendments was provided to all first mortgagees by mail and publication in accordance with C.R.S. 38-33.3-217 (b)(1). No mortgagee objections were received within the time allowed for such objections by C.R.S. 38-33.3-217(b)(II) and thus, by operation of law, all mortgagees are deemed to have consented to the following Amendments. NOW THEREFORE, BE IT RESOLVED, that the Condominium Declaration for Durant Mall (a Condominium) is amended as follows: 1) Section 3(c) and 3(e) of the Condominium Declaration are hereby deleted in their entirety and shall hereafter be of no further force or effect. 2) Exhibit A to the Condominium Declaration, which describes the undivided interests in General Common Elements appurtenant to Parking Units in the Durant Mall, is amended to read as follows: Unit No. Percentage Unit No. Percentatze Interest Interest P-1 0.333 P-16. 0.333 P-2 0.333 P-17 0.333 P-3 0.333 P-18 0.333 P-4 0.333 P-19 0.333 P-5 0.333 P-20 0.333 P-6 0.333 P-21 0.334 P-7 0.333 P-22 0.334 P-8 0.333 P-23 0.334 P-9 0.333 P-24 0.334 P-10 0.333 P-25 0.334 P-11 0.333 P-26 0.334 P-12 0.333 P-27 0.334 P-13 0.333 P-28 0.334 P-14 0.333 P-29 0.334 P-15 0.333 P-30 0.334 t, i, Durant Mall Condominium Association, Ltd. By: its Secretary Land Title Guarantee Comany CUSTOMER DISTRIBUTION Date: 02-26-2013 Our Order Number: ABB62005073 Property Address: 710 E DURANT AVE#P16,#P17, #P18, #P19 ASPEN CO 81611 MYLER LAW FIRM PC 211 MIDLAND AVE#201 BASALT,CO 81621 Attn: DAVE MYLER Phone: 970-927-0456 Fax: 970-927-0374 EMail:dmyler @mylerlawpc.com Sent Via EMail If you have any inquiries or require further assistance, please contact Commercial Title Dept. Phone: 303-850-4130 Fax: Form DELIVERY.LP LTG Policy No. LTAQ62005073 Form PIB/ORT PROPERTY INFORMATION BINDER Our Order No. ABB62005073 Liability: $50,000.00 Fee: $500.00 Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Binder, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company, GUARANTEES MYLER LAW FIRM PC herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records as of February 15, 2013 at 5:00 P.M. 1.Title to said estate or interest at the date hereof is vested in: SEE ATTACHED 2. The estate or interest in the land hereinafter described or referred to covered by this Binder is: A Fee Simple Land Title Guarantee Company Representing Old Republic National Title Insurance Company Our Order No. ABB62005073 Title to the estate or interest covered by this policy at the date hereof is vested in: BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP AS TO PARCEL A AND COMBO VENTURE, L.L.C., A TEXAS LIMITED LIABILITY COMPANY A/K/A COMBO VENTURE LLC A TEXAS LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED 60 PERCENT INTEREST AND DALE DILLINGHAM AND GABRIELLA MICHELINI AS TO AN UNDIVIDED FORTY PERCENT INTEREST AS TO PARCEL B LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB62005073 3. The land referred to in this Binder is situated in the State of Colorado, County of PITKIN described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION 4. The following documents affect the land: 1. DEED OF TRUST DATED JULY 19, 2005 FROM BLOCK 106 ASSOCIATES, A COLORADO LIMITED PARTNERSHIP TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TIMBERLINE BANK TO SECURE THE SUM OF$1,300,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JULY 20, 2005, UNDER RECEPTION NO. 512586. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED JULY 20, 2005, UNDER RECEPTION NO. 512587. 2. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 06, 1886, IN BOOK 29 AT PAGE 254. 3. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1887, IN BOOK 30 AT PAGE 205. 4. "THAT NO TITLE SHALL BE HEREBY AQUIRED TO ANY MINE OF GOLD, SILVER, Land Title Guarantee Company Representing Old Republic National Title Insurance Company Form PIB/ORT LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 4. The following documents affect the land: (continued) CINNABAR, OR COPPER, OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS; AND PROVIDED FURTHER, THAT THIS DEED IS HEREBY MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, SO FAR AS SAME IS APPICABLE THERETO" AS SET OUT IN DEED'S RECORDED DECEMBER 28, 1887 IN BOOK 59 AT PAGE 220; MARCH 28, 1888 IN BOOK 59 AT PAGE 405;JULY 6, 1888 IN BOOK 59 AT PAGE 455; AND JULY 9, 1889 IN BOOK 59 AT PAGE 569. 5. ALL ORE AND MINERALS BENEATH THE SURFACE TOGETHER WITH THE RIGHT TO REMOVE SAME AS SET OUT IN INSTRUMENTS RECORDED MAY 21, 1891 IN BOOK 93 AT PAGE 86;JULY 15, 1891 IN BOOK 105 AT PAGE 39; AUGUST 6, 1891 IN BOOK 105 AT - PAGE 70; SEPTEMBER 9, 1891 IN BOOK 105 AT PAGE 129;JUNE 10, 1891 IN BOOK 98 AT PAGE 490; DECEMBER 30, 1892 IN BOOK 106 AT PAGE 482; OCTOBER 15, 1892 IN BOOK 125 AT PAGE PAGE 1;JUNE 21, 1928 IN BOOK 158 AT PAGE 363. 6. CONDOMINIUM DECLARATION, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 06, 1976, IN BOOK 308 AT PAGE 518 AND AS AMENDED IN FIRST AMENDMENT RECORDED OCTOBER 21, 1983, IN BOOK 453 AT PAGE 848 AND SECOND AMENDMENT RECORDED JUNE 14, 1984, IN BOOK 467 AT PAGE 876. RIGHT OF FIRST REFUSAL ACCORDING TO PARAGRAPH 24 OF CONDOMINIUM DECLARATION RECORDED IN BOOK 308 AT PAGE 518. 7. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#4, SERIES OF 1975 RECORDED APRIL 09, 1975 IN BOOK 297 AT PAGE 764. 8. TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION RECORDED FEBRUARY 23, 1976 IN BOOK 309 AT PAGE 15. 9. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED MARCH 10, 1978, IN BOOK 344 AT PAGE 598. s; 10. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED APRIL 27, 1987 IN BOOK 534 AT PAGE 592 AND FIRST AMENDMENT RECORDED MAY 16, 2007 UNDER RECEPTION NO. 537894. LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB63005073 4. The following documents affect the land: (continued) 11. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY OTHER MATTERS AS SHOWN ON THE PLATS RECORDED FEBRUARY 6, 1976 IN PLAT BOOK 4 AT PAGE 565 AND AMENDMENTS RECORDED OCTOBER 21, 1983 IN PLAT BOOK 15 AT PAGE 48, AND RECORDED JUNE 14, 1984 IN PLAT BOOK 16 AT PAGE 10, AND RECORDED MARCH 20, 1998 IN PLAT BOOK 24 AT PAGE 6. 12. GRANT OF EASEMENT AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 21. 1995 UNDER RECEPTION NO. 387581. 13. TERMS, CONDITIONS AND PROVISIONS OF CO-TENANCY AGREEMENT RECORDED NOVEMBER 21, 1995 AT RECEPTION NO. 387583. 14. EXISTING LEASES AND TENANCIES. NOTE: ABOVE AFFECT PARCEL A 15. DEED OF TRUST DATED DECEMBER 21, 2007 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXAS CAPITAL BANK TO SECURE THE SUM OF$2,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MAY 29, 2008, UNDER RECEPTION NO. 549724. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST RECORDED OCTOBER 08, 2009 UNDER RECEPTION NO. 563509. SUBORDINATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST RECORDED MAY 29, 2008 UNDER RECEPTION NO. 549726. MODIFICATION AGREEMENT IN CONNECTION WITH SAID MORTGAGE RECORDED NOVEMBER 10, 2010 UNDER RECEPTION NO. 574991. 16. DEED OF TRUST DATED SEPTEMBER 12, 2002 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TEXAS CAPITAL BANK TO SECURE THE SUM OF$1,300,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER.THE TERMS THEREOF, RECORDED SEPTEMBER 12, 2002, UNDER RECEPTION NO. 472250. 17. FINANCING STATEMENT WITH TEXAS CAPITAL BANK, THE SECURED PARTY, RECORDED LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB62005073 4. The following documents affect the land: (continued) SEPTEMBER 13, 2002, UNDER RECEPTION NO. 472268 AND AMENDMENT AND AMENDMENT RECORDED MARCH 23, 2007 UNDER RECEPTION NO. 535719 RECORDED MARCH 22, 2012 UNDER RECEPTION NO. 587636. MODIFICATION AGREEMENT IN CONNECTION WITH SAID MORTGAGE RECORDED MAY 29, 2008 UNDER RECEPTION NO. 549725, 18. DEED OF TRUST DATED AUGUST 17, 2000 FROM COMBO VENTURE, L.L.C. TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF PRIME PETROLEUM PROFIT SHARING TRUST TO SECURE THE SUM OF$1,500,000.00, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED AUGUST 18, 2000, UNDER RECEPTION NO. 446228. MEMORANDUM OF PROFITS INTEREST AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED AUGUST 18, 2000, UNDER RECEPTION NO. 446229 AND MODIFICATION RECORDED SEPTEMBER 12, 2002 UNDER RECEPTION NO. 472247. 19, RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 06, 1886, IN BOOK 29 AT PAGE 254. 20, RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS CONTAINED IN INSTRUMENT RECORDED JUNE 05, 1887, IN BOOK 30 AT PAGE 205. 21. "THAT NO TITLE SHALL BE HEREBY AQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR, OR COPPER, OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS; AND PROVIDED FURTHER, THAT THIS DEED IS HEREBY MADE AND DECLARED TO BE SUBJECT TO ALL THE CONDITIONS, LIMITATIONS, AND RESTRICTIONS CONTAINED IN SECTION 2386 OF THE REVISED STATUTES OF THE UNITED STATES, SO FAR AS SAME IS APPICABLE THERETO" AS SET OUT IN DEED'S RECORDED DECEMBER 28, 1887 IN BOOK 59 AT PAGE 220; MARCH 28, 1888 IN BOOK 59 AT PAGE 405;JULY 6, 1888 IN BOOK 59 AT PAGE 455; AND JULY 9, 1889 IN BOOK 59 AT PAGE 569. 22. ALL ORE AND MINERALS BENEATH THE SURFACE TOGETHER WITH THE RIGHT TO REMOVE SAME AS SET OUT IN INSTRUMENTS RECORDED MAY 21, 1891 IN BOOK 93 AT PAGE 86;JULY 15, 1891 IN BOOK 105 AT PAGE 39; AUGUST 6, 1891 IN BOOK 105 AT PAGE 70; SEPTEMBER 9, 1891 IN BOOK 105 AT PAGE 129;JUNE 10, 1891 IN BOOK 98 AT PAGE 490; DECEMBER 30, 1892 IN BOOK 106 AT PAGE 482; OCTOBER 15, 1892 IN BOOK 125 AT PAGE PAGE 1;JUNE 21, 1928 IN BOOK 158 AT PAGE 363. LTG Policy No. LTAQ62005073 Form PIB/ORT Our Order No. ABB62005073 4. The following documents affect the land: (continued) 23. CONDOMINIUM DECLARATION, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON_ RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 06, 1976, IN BOOK 308 AT PAGE 518 AND AS AMENDED IN FIRST AMENDMENT RECORDED OCTOBER 21, 1983, IN BOOK 453 AT PAGE 848 AND SECOND AMENDMENT RECORDED JUNE 14, 1984, IN BOOK 467 AT PAGE 876. RIGHT OF FIRST REFUSAL ACCORDING TO PARAGRAPH 24 OF CONDOMINIUM DECLARATION RECORDED IN BOOK 308 AT PAGE 518. 24, TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION#4, SERIES OF 1975 RECORDED APRIL 09, 1975 IN BOOK 297 AT PAGE 764. 25. TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION RECORDED FEBRUARY 23, 1976 IN BOOK 309 AT PAGE 15. 26. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT RECORDED MARCH 10, 1978, IN BOOK 344 AT PAGE 598. 27. TERMS, CONDITIONS AND PROVISIONS OF BY-LAWS RECORDED APRIL 27, 1987 IN BOOK 534 AT PAGE 592 AND FIRST AMENDMENT RECORDED MAY 16, 2007 UNDER RECEPTION N0, 537894. 28. ANY AND ALL EASEMENTS, RIGHTS OF WAY, PLAT NOTES AND ANY OTHER MATTERS AS SHOWN ON THE PLATS RECORDED FEBRUARY 6, 1976 IN PLAT BOOK 4 AT PAGE 565 AND AMENDMENTS RECORDED OCTOBER 21, 1983 IN PLAT BOOK 15 AT PAGE 48, AND RECORDED JUNE 14, 1984 IN PLAT BOOK 16 AT PAGE 10, AND RECORDED MARCH 20, 1998 IN PLAT BOOK 24 AT PAGE 6. 29. GRANT OF EASEMENT AS SET FORTH IN INSTRUMENT RECORDED NOVEMBER 21, 1995 UNDER RECEPTION NO. 387581. 30. TERMS, CONDITIONS AND PROVISIONS OF CO-TENANCY AGREEMENT RECORDED NOVEMBER 21, 1995 AT RECEPTION NO. 387583. Form PIB/ORT LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 4. The following documents affect the land: (continued) 31. EXISTING LEASES AND TENANCIES. NOTE: ABOVE AFFECT PARCEL B LTG Policy No. LTAQ62005073 Our Order No. ABB62005073 LEGAL DESCRIPTION PARCEL A: PARKING LEVEL COMMERCIAL UNITS PS-16, PS-17 AND PS-19 THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMENDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1984 IN PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO PARCEL B: PARKING LEVEL COMMERCIAL UNIT PS-18, THE DURANT MALL, (A CONDOMINIUM), ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6, 1976, IN PLAT BOOK 4, PAGE 565, AS AMENDED BY AMENDED CONDOMINIUM MAP RECORDED OCTOBER 21, 1983, IN PLAT BOOK 15, PAGE 48 AND BY SECOND SUPPLEMENTAL CONDOMINIUM MAP RECORDED JUNE 14, 1984 IN PLAT BOOK 16, PAGE 10 AND PLAT RECORDED MARCH 20, 1990 IN PLAT BOOK 24 AT PAGE 6, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT MALL, (A CONDOMINIUM), RECORDED FEBRUARY 6, 1976 IN BOOK 308, PAGE 518, AS AMENDED BY FIRST AMENDMENT TO CONDOMINIUM DECLARATION RECORDED OCTOBER 21, 1983 IN BOOK 453, PAGE 848 AND BY SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JUNE 14, 1984 IN BOOK 467, PAGE 876 AND THIRD AMENDMENT RECORDED DECEMBER 26, 1995 IN BOOK 803 AT PAGE 52 AS RECEPTION NO. 388538. COUNTY OF PITKIN, STATE OF COLORADO Property Information Binder CONDITIONS AND STIPULATIONS 1. Definition of Terms The following terms when used in this Binder mean: (a) "Land":The land described,specifically or by reference, in this Binder and improvements affixed thereto which by law constitute real property; (b) "Public Records";those records which impart constructive notice of matters relating to said land; (c) "Date":the effective date; (d) "the Assured":the party or parties named as the Assured in this Binder,or in a supplemental writing executed by the Company; (e) "the Company"means Old Republic National Title Insurance Company,a Minnesota stock company. 2. Exclusions from Coverage of this Binder The company assumes no liability including cost of defense by reason of the following: (a)Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records;taxes and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. (b)Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. (c)Title to any property beyond the lines of the Land,or title to streets,roads,avenues,lanes,ways or waterways on which such land abuts,or the right to maintain therein vaults,tunnels,ramps,or any other structure or improvement;or any rights or easements therein unless such property,rights or easements are expressly and specifically set forth in said description! (d)Mechanic's lien(s),judgment(s)or other lien(s). (e)Defects,liens,encumbrances,adverse claims or other matters: (a)created,suffered or agreed to by the Assured; (b)not known to the Company,not recorded in the Public Records as of the Date,but known to the Assured as of the Date;or(c)attaching or creating subsequent to the Date. 3. Prosecution of Actions (a)The Company shall have the right at its own costs to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein assured;and the Company may take any appropriate action under the terms of this Binder,whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b)In all cases where the Company does not institute and prosecute any action or proceeding,the Assured shall permit the Company to use,at its option,the name of the Assured for this purpose.Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding,and the Company shall reimburse the Assured for any expense so incurred. 4. Notice of Loss-Limitation of Action A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder shall be furnished to the Company within sixty days after such loss or damage shall have been determined,and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall have been furnished,and no recovery shall be had by the Assured under this Binder unless action shall be commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified,shall be conclusive bar against maintenance by the Assured of any action under this Binder. 5. Option to Pay, Settle or Compromise Claims The Company shall have the option to pay,settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Binder,or to pay the full amount of this Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the Company hereunder. Copyright 2006-2011 American land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. PB.ORT Cover Page 1 of 2 6. Limitation of Liability-Payment of Loss (a)The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth,but in no event shall the liabiity exceed the amount of the liability stated on the face page hereof. (b)The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured,and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c)No claim for loss or damages shall arise or be maintainable under this Binder(1) if the Company after having received notice of any alleged defect,lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice,or(2)for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company. (d)All payments under this Binder,except for attorney's fees as provided for in paragraph 6(b)thereof,shall reduce the amount of the liability hereunder pro tanto,and no payment shall be made without producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder be lost or destroyed,in which case proof of the loss or destruction shall be furnished to the satisfaction of the Company. (e)When liability has been definitely fixed in accordance with the conditions of this Binder,the loss or damage shall be payable within thirty days thereafter. 7. Subrogation Upon Payment or Settlement Whenever the Company shall have settled a claim under this Binder,all right of subrogation shall vest in the Company unaffected by any act of the Assured,and it shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Binder not been issued.If the payment does not cover the loss of the Assured,the Company shall be subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss.The Assured,if requested by the Company,shall transfer to the Company all rights and remedies against any person or proprty necesary in order to perfect the right of subrogation,and shall permit the Company to use the name of the Assured in any transaction or litigation involving the rights or remedies. 8. Binder Entire Contract Any action or actions or rights of action that the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Binder.No provision or condition of this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President,a Vice President,the Secretary,an Assistant Secretary or other validating officer of the Company. 9. Notices. Where Sent All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at 400 Second Avenue South,Minneapolis,Minnesota 55401, (612)371-1111. 10. Arbitration Unless prohibited by applicable law,either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. ANTI-FRAUD STATEMENT:Pursuant to CRS 10-1-128(6)(a),it is unlawful to knowingly provide false,incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include imprisonment,fines,denial of insurance and civil damages.Any insurance company or agent of an insurance company who knowingly provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed and made a part of this policy. Issued through the Office of: `P�TirtF'• p— LAND TITLE GUARANTEE COMPANY ' 533 E HOPKINS#102 ;2Q* * G Mark Bilbrey ASPEN,CO 81611 _ * *i: President 303.850-4130 m . � * * o, 4L ' �70 ' ANd Rande Yeager Secretary A horized Sign ture PIB.ORT Cover Page 2 of 2 DURANT MALL March 19,2013 Jennifer Phelan,Deputy Planning Director Community Development Department City of Aspen 130 South Galena Aspen, CO 81611 OWNER AUTHORIZATION Block 106 Associates, LLLP,as the owner of Commercial Units PS-16,PS-17, and PS-19 of the Durant Mall Condominiums("Durant Mall")and Combo Ventures, LLC, Dale Dillingham and Gabriella Dillingham,as the owners of Commercial Unit PS-18 of Durant Mall hereby authorize and direct The Myler Law Firm and Sopris Engineering to file and process an application with the City of Aspen to re-condomiumize ni in said Commercial Uts into fifteen separate parking space condominium units and related general common elements. Block 106 s iates By: L aw, orized re resentative Date: v Combo Ventures,LLC By: its Date: Dale Dillingham Date: Gabriella Dillingham Date: 3 L� _ DURANT MALL March 19, 2013 Jennifer Phelan, Deputy Planning Director - - - - - - - - Community Development Department City of Aspen 130 South Galena Aspen, CO 81611 OWNER AUTHORIZATION Block 106 Associates, LLLP, as the owner of Commercial Units PS-16, PS-17, and PS-19 of the Durant Mall Condominiums ("Durant Mall") and Combo Ventures, LLC, Dale Dillingham and Gabriella Dillingham, as the owners of Commercial Unit PS-18 of Durant Mall hereby authorize and direct The Myler Law Firm and Sopris Engineering to file and process an application with the City of Aspen to re-condominiumize said Commercial Units into fifteen separate parking space condominium units and related general common elements. Block 106 Associates By: Larry Yaw, authorized representative Date: Combo Ventures, LLC By: GI 7 its ,✓,cites Date: 4&Z ;J(7 Dale Dillingham Date: Gabriella Dillingham Date: ASSOCIATION CONSENT The Durant Mall Condominium Association, Ltd., hereby consents to the re- condom iniumization of Commercial Units PS-16, PS-17, PS-18 and PS-19, Durant Mall into fifteen separate parking space condominium units together with related general common elements. The Durant Mall Condominium Association, Ltd. By:-�Aa�7� Marc/ ill, President Date: LI RECEIVED JUL ® 3 2013 Agreement to Pay Application Fees Anagreement between the City of As en "Cit " and Property Durant Mall Condo Assn., Ltd Phone No.: 970-927-0456 Owner("I"): Email: dmyler@mylerlawpc.ccxn Billing Address Property- 710 E. Durant Address: SAME (subject of Aspen CO 8161 (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ flat fee for $ flat fee for $ flat fee for $ flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 650.00 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at$315 per hour. $ deposit for hours of Engineering Department staff time.Additional time above the deposit amount will be billed at$265 per hour. City of Aspen: Prope wner: Dur t Mall Condo Assn. , Ltd Chris Bendon Marc Still Community Development Director Name: President Title: City Use: Fees Due:$ Received:$ No\eniher. 2011 City of Aspen 1 130 S.Chilena St. J970)920-5090 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: July 9, 2013 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 0048.2013.ASLU— 710 E. Durant. The planner assigned to this case is Sara Nadolny. ❑ Your Land Use Application is ineumplete: 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. ZA Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, ennif P elan, Deputy Director City o spen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New SPA New PUD Yes No—X— Subdivision, SPA, or PUD(creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F.