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HomeMy WebLinkAboutcoa.lu.tu.315 E Dean St 0015.2011.ASLU0015.2011.ASLU 315 E. DEAN ST PARCEL 273718285 032 TEMP USE r-1 T U 0 11 THE CITY OF .ASPEN City of Aspen Community Development Department CASE NUMBER 0015.2011.ASLU PARCEL ID NUMBERS 2737 18 2 85 001 &2 PROJECTS ADDRESS 315 DEAN ST PLANNER JENNIFER PHELAN CASE DESCRIPTION TEMP USE REPRESENTATIVE SARA BROUGHTON DATE OF FINAL ACTION 3.11.12 DATE OF FINAL REFUND/ CASE ABANDONED PAYMENT CLOSED BY ANGELA SCOREY ON: 10.15.14 ZT57 09 —2 — 85--oa • P� 2-13 26�- 032 File Ede Record Navigate Fgrm Reports Format Tab Help h nor i °c Roofing Status Fees Fee Summary Man Actions Attacho�,, RWN ►istory Valukton ArcnJ6, Custom Fields Sub Permits Parcels � p�typs s.0 Aspen LanaIse pamitf 1520'1.ASLU _--__---_ a Adfis 1315 E',EA\ ST Apt $ City,ASPEN State Zip 81611 c z Punt lnfom ton n Meer permt Routing queue aslu07 App* 3r'r011 c o' z Project Status pendng Approyed 0 Drz#on TEMPORARY USE PERMIT - OPEN COURTYARD ALONG MILL ST AT ST REOIS ASPE'ti issued RESORT Submitted SARAH BROUGHTON 544 9006 Ckxk Running pays F7' Ezpres 3,r,1 f?012 Submitted via Owner Last name T DEAN ASSOCIATES, INC Fist name OPT ASIA CAPITAL.LTD 315 EAST DEAN ST ASPEN CO 81611 Phone (662) 654.2929 Address Applicant 0 Owner is applicant? Q Contrador is applicant? Last name ';ROALAND f BROUGHTON Fist name ISARAH PO BOX 552 Phone (970) 379-0111 Ce $ 25149 Address ASPEN CO 81612 Lender Last name RI name Phone O Address ao (S- ZOl l FLU Displays the permit lender's address Asper&l& (serva<J angelas c �� 8 C� THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 22, 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 0015.201 LASLU — 315 E. Dean Street. Your 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) Please provide some visuals for the canopy such as material, height, design in addition to the proposed location. 2) Responses to the Temporary Use review criteria (section 26.450.030). 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. Ll 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. Th ou, ennifer Ph Deputy Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No >C. GMQS Allotment Yes NoR- Qualifying Applications: SPA PUD COWOP Subdivision (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. • 0 RECEIVED MAR 17 2011 (3ITY OF ASPEN CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTME14UMUNITY DEVELOPMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and �J' 5 E,45'i t*AA& Awm4,4TES �Nc yo opTkiA G4/I-TAL, L'To , (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an ap lication for �`EMrodL.fR-�C UIS& 1V6JMrr (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 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 full fees pri r to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ . TO which is for -�?— 0 0 hours of Community Development staff time, and if actual 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 of processing, 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:l�sL�tNE.NIre- C�avwR.uD d- Gn�n H7uu� Chris Bendon ad ficw& Community Development Director Date: _o �?'—?i 41 Billing Address and Telephone Number: 11-t S. Moim4af S'i. 410,:4., to 'At(. 11 1*0 • S444 • el ao(e • • ATTACHMENT 2 -LAND USE APPLICATION PROJECT' RECEIVED riAa 17 2011 l:1 I Y OF ASPEN Name: S. ty, rsAspfiti 9s rt DEVELOPMEW Location: 31S Eels? SE,/ i Indicate street address, lot & block number, legal descri tion where appropriate) Parcel ID #(REQUIRED) APPLICANT: Name: & S mtAias 1, tAx % D ,61A C4rr44. Lo. 1-'r0 , Address: Ati, s p S r... CA We r '0. U730 Phone #: G (n Z (6 5 4 -I-cAtcA 1 o REPRESENTATIVE: Name: hN 'r-d&-"& STUN . 41 A f Q�w�a�M +-19&v%& v* && TiGT wL6 AMD 14m4A1 Q..4Au,,�1� Address: S . V1 oukl[L H 5-r. , 45 I '&V a LO $1411 Phone #: q -fo • S 4I-t - ' 0 0 (p I YPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 000J Co.-/L-CY449 d1_daAl (a d iLl _ ST. 4't S'r. J64 t S ,h Ptiu tF3, Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: 'ROPOSAL: (description of proposed buildings, uses, modifications, etc.) CyJ& uJ ?Nb cftcrY-}AGO 160 DAYS 0V%:T OF: -rpm 'e£r¢IL 4ATt tXvoF. nave you attacnea the touowingl FEES DUE: S I o ® Pre -Application Conference Summary Attachment #1, Signed Fee Agreement V�Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards 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. • Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM N h (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Number of residential units: Existing: Number of bedrooms: Existing: Proposed % of demolition (Historic properties only): DIMENSIONS: Proposed: Proposed: Proposed: Floor Area: Existing: Allowable: Proposed.•_ Principal bldg. height: Existing: Allowable: Proposed:_ Access. bldg. height: Existing: Allowable: Proposed.-_ On -Site parking: Existing. Required. Proposed.-_ % Site coverage: Existing: Required: Proposed: % Open Space: Existing: Required: Proposed.•_ Front Setback: Existing: Required: -,Proposed.-- Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed.•_ Combined Sides: Existing: Required: Proposed:_ Distance Between Existing Required. Proposed: Buildings Existing non -conformities or encroachments: Variations requested: • • owland+ roughton architecture and urban design LETTER 22 February 2011 Chris Bendon Community Development Director City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT.- St. Regis Aspen Resort PERMIT.- Not yet submitted SUBJECT: Temporary Use Application CC: Dave Winkler, JN&A (Project Manager) Jens von Gierke, Wave Hospitality Advisor (Owner Advisor) ATTACHMENTS: Disclosure of Ownership Certificate ALTAI ACSM Land Title Survey Sheet A0.3-ABI Site Plan Letter of Authorization of Representation GIS list of adjacent property owners Land Use Application Application Fee Dear Chris, This letter serves as a list of required items pertaining to obtaining a Temporary Use Permit per Section 26.450.060 of Chapter 26.450 "Temporary and Seasonal Uses", and Section 26.304.030 of Chapter 26.304 "Common Development and Review Procedures". Application Items (per Section 26.304.030 Application and Fees): Owner: 315 East Dean Associates, Inc. c/o Opt Asia Capital Co. Ltd. All Seasons Place, CRC Tower, 101h Floor, 8712 Wireless Road, Bangkok 10330, Thailand Phone: 662-654-2929 (ext. 101) Represented by: Sarah Broughton, AIA Rowland+Broughton Architecture and Urban Planning 117 S. Monarch St. Aspen, CO 81611 Phone: 970.544.9006 a63 ° o w m � v o a N oo^ n Q N O0-0 3 n ID G O O �0 OCD M N (ND so �L� O W O Q O O (.J Ln W A 0 O SO �— 0 7 W O O W W O v, w � W A CW A y V W W Page 1 of 2 owland+ rou9 hton • architecture and urban design 2. Street Address: St. Regis Aspen Resort 315 East Dean Street Aspen, CO 81611 Parcel ID: 273718285032 Legal Description: Sub: Aspen Residence Club & Hotel, Desc: Commercial 3. See Attached Discloser of Ownership Certificate 4. See Vicinity Map on Attached Sheet A0.3-ABI Site Plan 5. See Attached Sheet A0.3-ABI Site Plan for the proposed layout 6. See Attached ALTA/ ACSM Land Title Survey 7. The applicant is interested in covering the open courtyard accessed off of Mill Street for a maximum of 180 days of the year with a temporary retractable roof. The courtyard is approximately 9'-4" below the grade of Mill Street and does not comply with today's definition of public amenity as defined in Section 26.575.030.F. The retractable roof will only be used in inclement weather. Best Regards, Sarah Broughton, AIA f q/ arch Broughton Date Page 2 of 2 0 315 East Dean Associates, Inc 24 February 2011 Chris Bendon Community Development Director City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT: Aspen St. Regis Resort Remodel SUBJECT. Temporary Use Application Dear Chris, This letter serves as authorization for Rowland+ Broughton Architecture and Urban Design to act on behalf of the owner, 315 East Dean Associates, Inc c/o Opt Asia, to submit for the temporary use application for the remodel of the Aspen St. Regis Resort . If you have any questions about this authorization please do not hesitate to contact me. Thank you, Tanasak Wahawisan President CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Sara Adams, 429-2778 DATE: 12/21/10 PROJECT: Aspen Mountain PUD, Lot 1 (St. Regis) REPRESENTATIVE: Sarah Broughton (Rowland + Broughton Architecture and Urban Planning) TYPE OF APPLICATION: PUD Amendment (Other), Commercial Design Standard Review DESCRIPTION: Proposal: The potential applicant is interested in the following: covering the open courtyard accessed off of Mill Street for 6 months of the year; moving the existing restaurant named "Olives" to the location currently occupied by the Aspen Back Institute; converting the existing Olives space to event/dining space for larger parties; adding minor aesthetic changes to the porte cochere that include a new marquis and faux windows within the existing bays. REVIEW PROCESS: Background: The Aspen Mountain PUD was approved in 1985 and was first amended in 1988 (there are at least 8 amendments associated with this PUD.) Lot 1, also referred to as Hotel Phase I, describes the existing St. Regis hotel. The first amendment to the PUD approved 204 dining seats and 4,500 square feet of net leasable for dining(see Pitkin County Clerk and Recorder Book 574, Page 839, Section 18), which appears to have been included in the employee generation calculations for mitigation purposes. The PUD plat identified the courtyard accessed off of Mill Street as counting toward the required 40,000 square feet minimum of "open space" on Lot 1 (see Pitkin County Clerk and Recorder Book 23, Page 12). The area in front of the Porte Cochere, accessed off of Durant Street, is identified as open space that contributes to the overall requirement for the parcel. Cou ard: (2 options are proposed) Option 1: The courtyard accessed off of Mill Street counts as open space (aka pedestrian amenity). The Planning and Zoning Commission can reduce the 40,000 square feet open space requirement on the parcel via a PUD "other' amendment. Option 2: The City Council can review a temporary (180 day) cover to be added over the open space via a Temporoary Use or a Seasonal Use review. A Seasonal Use can be granted for up to 10 years. This is a public hearing by City Council. Restaurant Relocation: (2 options are proposed) Moving the restaurant to the space indicated on the 1988 PUD plat as "apras ski lounge" (currently the Aspen Back Institute) and changing the restaurant space to event dining requires an amendment to the PUD. The required level of review will be determined by the number of seats and net leasable area allocated to the dining areas. Option 1: Exceeding 4,500 square feet of net leasable for the dining areas requires an `other" amendment by the Planning and Zoning Commission to change the dimensional requirements, and requires mitigation for the employees generated by the increase in net leasable area for the dining operation. If previous amendments have already increased the net leasable area by 250 square feet over the amount approved in 1985, then a Major P&Z application for Growth Management Review is required. Applications for Major P&Z Growth Management Review may only be submitted on February 15t' or August 15t' and are subject to community objectives scoring. If this proposal does not increase the net leasable by 250 square feet over the amount approved in 1985 then an Administrative Application for Growth Management Review is required. A PUD "other" Amendment and, if applicable, Growth Management Review, are reviewed and approved/denied by the Planning and Zoning Commission at a public hearing. Option 2: Increase 204 dining seats and no increase to the 4,500 square feet of net leasable area for dining requires a PUD "other" Amendment to withdraw the seat number restriction in the PUD. The potential applicant must provide documentation that calculates the net leasable for the dining area using the current code definitions and calculations for net leasable area. Porte Cochere: Open space must remain open to the sky, which prohibits the marquis from extending over the open space area identified on the recorded plat. However, the applicant may request a reduction of the open space requirement described above via a PUD amendment. The marquis is not permitted to extend into the right of way. The proposed faux windows with back lighting are required to meet the Lighting Standards in the Land Use Code. The marquis and windows are minor changes that are exempt from Commercial Design Standard Review, pursuant to Section 26.412.020.B. Land Use Code Section(s 26.304 Common Development Review Procedures 26.412.020 Commercial Design Standard Review Applicability 26.445.100 B. Other Amendment, Planned Unit Development 26.470.060.5 Growth Management Quota System (GMQS): Administrative application. 26.470.080 GMQS: Major Planning and Zoning Commission application 26.470.080.3 Major GMQS — Expansion or New Commercial Development 26.575.030 Public Amenity 26.575.150 Outdoor Lighting Review by: Staff for complete application Referral agencies for technical considerations if necessary Public Hearing: Yes at P&Z review and at City Council review. 2010 Planning Fees: $1,470 (for 6 hours of staff time). Additional hourly billing beyond 6 hours is $245.00 per hour. ** this is based on the 2010 fee schedule and is subject to change in 2011. Total Number of Application Copies: 12 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Completed Land Use Application. 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. 4. Signed fee agreement. 5. Pre -application Conference Summary. 6. An 81/2" x 11" vicinity map locating the subject parcels within the City of Aspen. 7. Proof of ownership/right to apply. 8. 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. 9. Dimensional floor plans of existing and proposed, including elevations relevant to the application. 10. Documentation of the number of seats existing and the number proposed, and the calculation of net leasable area for the dining operation. 10. List of adjacent property owners within 300' for public hearing. The GIS department can provide this list on mailing labels for a fee. Telephone: 970/920.5453 15. Applications shall be provided in paper format (number of copies noted above) as well as the text only on a Compact Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. 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. DESWRON LOT L SEKAIM MOM PUT, ASPEN MOUNTAIN SUBDIVISION AND RAW UNIT DEMELOPNINT, COUNTY O PORN. STATE O COLORADO BEING MORE PANDLLLAILY DESCRIBED AS FOJDWS: BEGINNING AT RE NORTHWESTERLY COMER O SAID LOT 1. BEING A PONT ALONG THE SOUTHERLY NNE O RPM AVENUE, THENCE ALONG SAID SOUDIERLY LINE 5 751011' E 120.62 FEET " ALL BLWO CONTAINED HOER RELATIVE THERETO THENCE S 145049' E 125.00 FEET: THENCE S 7510911' E. 1SD.78 FEET TO A PONT ALONG THE WESTERLY LINE OF SOUTH IBL STRET; HENCE UK SAD WESTERLY LINE THE FOLLOWING TIIEE (3) COURSES 1.) S U5D49' E 25.00 FE'E7; 2.) THENCE S 75TH11' C. 4.23 FEET; 1) THENCE S 14W49' W. UN FEET. DOM N 759D00' W. 72.94 FEET: THENCES 14'36'' W, 137.81 (157.81 PUT) FEET; THENCE N 75'W'00' W. UN FEET; WHENCE N 15'49'O S0' E. 19120 FEET TO A POINT ALONG THE NOR➢ENLY LINE O JNIATA STREET THENCE ALONG SAID NORTHERLY UE N 7500'O W. 172.72 FEET TO A PUNT ALONG THE EASTERLY NNE O MONARCH STREET; THENCE ALONG SAID EASTERLY LINE N 14'S0'49' E 501.15 FEET TO THE PONT O BEGINNING AND CONTAINING 1% AM MORE M LESS. ` GRAPHIC SCALE (n F4d) SURE; i'-4C OAIE:1".97 NOTICE. ACCORDING 10 COLORADO Uw YO MUST COMMENCE ANY IFf.LL REOPEN BASED UPON ANY DEFECT IN iW5 9,1 WD04 THREE YEARS AFTER YOU FIRST DISCOVERED SUCH DEFECT. N NO EVENT, MAY ACTION BASED " ANY DEFECT IN THIS SURWEY' BE COMMENCED NONE THAN TFN YEARS FROM THE DATE O THE CERTIFICATION 1 SIDNN lF/EON. 1 ALTA/AGSM LAID TITLE SURVEY of LOT 1, SEVENTH AMENDED PLAT, ASPEN MOUNTAIN SUBDIVISION AND PLANNED UNIT DEVELOPMENT CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 4 75DE11' IT 4.23' NO ES 1) AFTER REMEV OF F.LRM. YAP PANEL HO.O5P77O2LRC THE LOT AS SHOW HEREON IS HOT "THIN ONE ROD PLAIL MAP DATE' JAIE 4. 1967 2) EAS901S K CEDED OR UNRECORDED HAVE BEEN SHOWN BASED UPON TTE COMINEXI, PREPARED ORDER NO 4050%-C9 CHICAGO TITLE COMPANY. 3) LOCATIONOFUTILITIES SHOWN AS EVDENOE BY ON-STE OBSERVATION. 4) THE UNDERSIGNED NIS BEEN FURNISHED WITH A OONIMPTIT FOR TITLE INSURANCE. COMWTMFJ:T NO 4ME-C (THE 'CC:JG� FOR THE PRCART/ LOCATED AT ASPEN MOUNTAIN S 60A SIOR (THE 7ROTTY) 119iD BY OICAO TITLE MARAUD ' CCMPAM! l'xE TITLE COWRANY), DATED AS OF SEPTEMBER 19, 1997. 5) THE UNDERSGNED HAS MADE OR CAUSED TO BE MADE A PHYSICAL. OBSRVAPfh OF THE PROPERTY BY ITS REPRESENTATIVES 6) THE UNDERSIGNED HAS PREPARED OR CAUSED TO BE PREPARED UNDER US SVPERNSION A FEUD WV OF THE PROPERTY DATED AS SNOW HEREON. 7) THE SU"C" CORRECTLY SHOWS (A) THE BOUNDARY LIES OF THE PROPER' AND (B) THE LOCATION O ALL EASEMENTS AND BOiT-O-WAYS 054OSED BY THE COMMITMENT AND THE OBSERVATION OF TL PROPERTY MADE BY THE UDERSCED. THE DESCRIPTION ON THE SURYY S A TRUE, CORRECT AND COMPLETE DESORPTION O THE PROPERTY. 8) THE SOOTY CRARRCALLY SWOPS THE SZE. LOCATION, TYPE AND RELATION OF B'JLUNG AND OTTER. STRUCTURES, 04PROVNEN7S' 1 9) EXCEPT AS 9DWN ON THE SLhEY, THERE ARE NO M9BIE EASEMENTS OR RIGHT-O-WAY ACROSS THE PROPERTY OR ANY OTHER EASEMENTS OR RIGHT-OF-WAY ACROSS THE PROPERTY OF Wbll THE UNDERSIGNED 15 AWARE. 101 EXIT AS SHO'M! ON THE SUR'EY, THERE ARE NO MATTIRAL ENCROACHMENTS BY THE IMPROVEMENTS INTO ADJACENT PROPERTY OR INTO EASEMENT AREAS OF OTHERS OF WHICH THE UNDERSIGNED IS AWARE. 11) EXCEPT AS 9NIRN ON ONE SKYEY, "C E ARE NO EINAMOEENTS BY BULLING AND STRUCTURES LOCATED ON ADJACENT PROPERTY, OR INTO THE AREAS OF ANY EASEMENTS EXISTING FOR THE BENEiT OFAD APPURTENANT TO THE PROPERTY OF WHICH THEUNDERSIGED IS AWARE 12) THE IMPROYEYENTS ON THE PROPERTY APPEAR 10 HAVE DIRECT ACCESS 10 DEDICATED PUB'JC WAYS OU MRCI AND MYE STREETS TO CNDAO BILE INSURANCE COMPANY THIS 5 10 CERTIFY THAT THIS YAP OR RAT AND INC 904Y ON NEW T 5 BASED WERE MADE N ACCORDANCE WITH'MRYN STANDARD OCTAL REQUIREMENTS FOR ALTA/ACSN LAID DBE SIRMCYS.' JOINTLY ESTABLISHED AND ADOPTED BY ALTA AND AGSM N 1992, AND INCLUDES CLUDES F I. 3, 4. 7A 791, ^.:C -1 13 T TAME A W. RED. AM NAT9IANI TO 1 'ACOJRACV S7ANOAIDS ,,BY ALTA AND AC91 AND N EFFECT ON THE DATE OF TINS AM SURVEY. DATE 418". ( SS COUNTRY INC. k PC 26296 CROSS cum HAS HAS MADE NO NYESTGAINN OR INDEPENDENT SEARCH FOR EASEMENTS RECODEDA RECODED. ENCUMBRANCES, RESIRICTIE COVENANTS, OMIFR9P TITLE EYDENCE 04 ANY OTHER FACTS THAT AN ACCURATE AND CRENT RILE SEA" MAY DISCLOSE. CROSS COUNTRY SREYS, NC. HUM CEROES INC APPARENT EASEMENTS ARE AS SHOW HEICON AID BUT MERE ARE ND ENCAOACaENTS OF!MPROA'JFNTS ONTO ADJACENT PROPERTY OR INTO EASEMENTS AMC THAT RENE ARE NO ENCROAC 0TS O IPROEAENIS LOCATED ON ADJACENT PROPERTY ONTO SUBJECT PROPERTY, EXCEPT AS SOW HEREON country jL Surveys, Inc. V445 WW 1.70 F­Rage awe N9NN Sidle D2 W -1 %TOO4 CdueaR 8003'� (303) 40347D6 Fax (303) 403M • • 0 • ROTTESTUDIO ARCHITECTURE RE AND DESIGN SOS TRANS ST. SURE 100, HOUSTON, TX 77002 T713221.1330 F713221.1853 _II mn rowland + broughton architecture and urban design 117 a. mm K }T77 elate a, 106 npml,m S1811 Emver co BOXS B70.S 9006 v W3 ]09.1373 v 91G544.MMf 3W," 1375f iMIA PROJECT MANAGEMENT 7351 CALNOUN PUCE, SUITE 310 ROCKVIL E, MARYLA D 20856 301AMiS35 301.370-11MW 03.24.2011 ABI RESTAURANT PERMIT SET ST. REGIS ASPEN RESORT REMODEL 315 EAST DEAN STREET ASPEN, CO 81611 CCS CONSULTANTS 6860 ROB STREET, SUITE 101 WHEAT RIDGE, CO aMM PHONE' (303) 413.4706 FOR REFERENCE ONLY - NTS PROJECT NC' 21092 DWG FILE 21092_AG3ABI_S S. P�ftg SHEET TITLE SITE PLAN -- SCALE: NTS IT A0.3-ABI ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY stewart title guaranty company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of I. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (e) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: A Cotwersipature Stewart Title of Colorado, Inc. Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax:970-925-1384 Agent I D: 06011 A I- rt stewatitle guaranty company �o1.►OR4 X. r t goo w rE X.p Serial No.: 0-9301-1724768 ALTA OWNER'S POLICY 6-17-06 _,::A- 4%4�_ 2 Senior Chairman/off & Board 1w Chairman of the Board MFA FIR ANX Wwn If you want information about coverage or need assistance to resolve complaints, please call our toll free nwnber. 1-800-729.1902. If you make a claim under your policy, you must furnish written notice in accordance with section 3 of the Conditions. Visit our World-wide Web site at www.stewan.com. COVERED RISKS (Continued) 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any pail of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential tansfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (i i) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions, EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land: (i i) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Ila) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2, 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument oftransfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS (ii) With regard to (A), (B), (C), and (D) reserving, however, all The following terms when used in this policy mean: rights and defenses as to any successor that the Company would (a) "Amount of Insurance": The amount stated in Schedule A, as may be have had against any predecessor Insured. increased or decreased by endorsement to this policy, increased by (e) "Insured Claimant": An Insured claiming loss or damage. Section 8(b), or decreased by Sections 10 and I l of these Conditions. (f) "Knowledge" or "Known": Actual knowledge, not constructive (b) "Date of Policy": The date designated as "Date of Policy" in Schedule knowledge or notice that may be imputed to an Insured by reason of A. the Public Records or any other records that impart constructive notice (C) "Entity": A corporation, partnership, trust, limited liability company, of matters affecting the Title. or other similar legal entity. (g) "Land": The land described in Schedule A, and affixed improvements (d) "Insured": The Insured named in Schedule A. that by law constitute real property. The term "Land" does not include (i) The term "Insured" also includes any property beyond the lines of the area described in Schedule A, nor (A) successors to the Title of the Insured by operation of law any right, title, interest, estate, or easement in abutting streets, roads, as distinguished from purchase, including heirs, devisees, avenues, alleys, lanes, ways, or waterways, but this does not modify or survivors, personal representatives, or next of kin; limit the extent that a right of access to and from the Land is insured (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (h) by this policy. "Mortgage": Mortgage, deed of trust, trust deed, or other security (C) successors to an Insured by its conversion to another kind instrument, including one evidenced by electronic means authorized of Entity; by law. (D) a grantee of an Insured under a deed delivered without (i) "Public Records": Records established under state statutes at Date of payment of actual valuable consideration conveying the Title Policy for the purpose of imparting constructive notice of matters (1) if the stock, shares, memberships, or other equity relating to real property to purchasers for value and without interests of the grantee are wholly -owned by the named Knowledge. With respect to Covered Risk 5(d), "Public Records" Insured, shall also include environmental protection liens filed in the records of (2) if the grantee wholly owns the named Insured, the clerk of the United States District Court for the district where the (3) if the grantee is wholly -owned by an affiliated Entity Land is located. of the named Insured, provided the affiliated Entity and (1) "Title": The estate or interest described in Schedule A. the named Insured arc both wholly -owned by the same (k) "Unmarketable Title": Title affected by an alleged or apparent matter person or Entity, or that would permit a prospective purchaser or lessee of the Title or (4) if the grantee is a trustee or beneficiary of a trust lender on the Title to be released from the obligation to purchase, created by a written instrument established by the Insured lease, or lend if there is a contractual condition requiring the delivery named in Schedule A for estate planning purposes. of marketable title. 40 6 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE Whenever requested by the Company, the Insured, at the Company's The coverage of this policy shall continue in force as of Date of Policy in expense, shall give the Company all reasonable aid (i) in securing favor of an Insured, but only so long as the Insured retains an estate or evidence, obtaining witnesses, prosecuting or defending the action or interest in the Land, or holds an obligation secured by a purchase money proceeding, or effecting settlement, and (n) in any other lawful act that Mortgage given by a purchaser from the Insured, or only so long as the in the opinion of the Company may be necessary or desirable to Insured shall have liability by reason of warranties in any transfer or establish the Title or any other matter as insured. If the Company is conveyance of the Title. This policy shall not continue in force in favor of prejudiced by the failure of the Insured to furnish the required any purchaser from the Insured of either (i) an estate or interest in the Land, cooperation, the Company's obligations to the Insured under the policy or (ii) an obligation secured by a purchase money Mortgage given to the shall terminate, including any liability or obligation to defend, Insured. prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to submit The Insured shall notify the Company promptly in writing (i) in case ofany to examination under oath by any authorized representative of the litigation as set forth in Section 5(a) of these Conditions, (ii) in case Company and to produce for examination, inspection, and copying, at Knowledge shall come to an Insured hereunder of any claim of title or such reasonable times and places as may be designated by the interest that is adverse to the Title, as insured, and that might cause loss or authorized representative of the Company, all records, in whatever damage for which the Company may be liable by virtue of this policy, or (iii) medium maintained, including books, ledgers, checks, memoranda, if the Title, as insured, is rejected as Unmarketable Title. If the Company is correspondence, reports, e-mails, disks, tapes, and videos whether prejudiced by the failure of the Insured Claimant to provide prompt notice, bearing a date before or after Date of Policy, that reasonably pertain to the Company's liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized reduced to the extent ofthe prejudice representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the 4. PROOF OF LOSS Company to examine, inspect, and copy all of these records in the In the event the Company is unable to determine the amount of loss or custody or control of a third patty that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of payment damage. All information designated as confidential by the Insured that the Insured Claimant Furnish a signed proof of loss. The proof of loss Claimant provided to the Company pursuant to this Section shall not must describe the delect, lien, encumbrance, or other matter insured against be disclosed to others unless, in the reasonable judgment of the by this policy that constitutes the basis of loss or damage and shall state, to Company, it is necessary in the administration of the claim. Failure of the extent possible, the basis of calculating the amount of the loss or the insured Claimant to submit for examination under oath, produce damage. any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, shall (a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that contained in Section 7 of these Conditions, the Company, at its own claim. cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; covered by this policy adverse to the Insured. This obligation is TERMINATION OF LIABILITY limited to only those stated causes of action alleging matters insured In case of a claim under this policy, the Company shall have the following against by this policy. The Company shall have the right to select additional options: counsel of its choice (subject to the right of the Insured to object for (a) To Pay or Tender Payment of the Amount of Insurance. To pay or reasonable cause) to represent the Insured as to those stated causes of tender payment of the Amount of Insurance under this policy together action. It shall not be liable for and will not pay the fees of any other with any costs, attorneys' fees, and expenses incuned by the Insured counsel. The Company will not pay any fees, costs, or expenses Claimant that were authorized by the Company up to the time of incurred by [he Insured in the defense of those causes of action that payment or tender of payment and that the Company is obligated to allege matters not insured against by this policy. pay. Upon the exercise by the Company of this option, all liability (b) The Company shall have the right, in addition to the options contained and obligations of the Company to the Insured under this policy, other in Section 7 of these Conditions, at its own cost, to institute and than to make the payment required in this subsection, shall terminate, prosecute any action or proceeding or to do any other act that in its including any liability or obligation to defend, prosecute, or continue opinion may be necessary or desirable to establish the Title, as any litigation. insured, or to prevent or reduce loss or damage to the Insured. The (b) To Pay or Otherwise Settle With Parties Other Than the Insured or Company may take any appropriate action under the terms of this With the Insured Claimant, policy, whether or not it shall be liable to the Insured. The exercise of (i) To pay or otherwise settle with other patties for or in the name these rights shall not be an admission of liability or waiver of any of an Insured Claimant any claim insured against under this provision of this policy. If the Company exercises its rights under this policy. In addition, the Company will pay any costs, attorneys' subsection, it must do so diligently. fees, and expenses incurred by the Insured Claimant that were (c) Whenever the Company brings an action or asserts a defense as authorized by the Company up to the time of payment and that required or permitted by this policy, the Company may pursue the the Company is obligated to pay; or litigation to a final determination by a court of competent jurisdiction, (ii) To pay or otherwise settle with the Insured Claimant the loss or and it expressly reserves the right, in its sole discretion, to appeal any damage provided for under this policy, together with any costs, adverse judgment or order attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment 6. DUTY OF INSURED CLAIMANT TO COOPERATE and that the Company is obligated to pay. (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options provided prosecute or provide for the defense of any action or proceeding and for in subsections (b)(i) or (ii), the Company's obligations to the any appeals, the Insured shall secure to the Company the right to so Insured under this policy for the claimed loss or damage, other than prosecute or provide defense in the action or proceeding, including the the payments required to be made, shall terminate, including any right to use, at its option, the name of the Insured for this purpose. liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS (Continued) DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 ofthese Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A ofthis policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to ilia Company under this policy must be given to the Company at Claims Department at P.O. Box 2029, Houston, TX 77252-2029. ALTA OWNER'S POLICY (6/17/06) • • SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252-2029 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams Order Number: 23256--C8 Date of Policy: October 4, 2010 at 11:37 AM (or the date of recording of the insured deed, whichever is later) Amount of Insurance: $70,000,000.00 *Address Reference: 315 East Dean Street Aspen, Colorado 81611 1. Name of Insured: Policy Number: 0-9301-1724768 Premium: $43,654.00 315 EAST DEAN ASSOCIATES, INC., A DELAWARE CORPORATION 2. The estate or interest in the land that is insured by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 315 EAST DEAN ASSOCIATES, INC., A DELAWARE CORPORATION 4. The land referred to in this policy is described as follows: HOTEL UNIT And COMMERCIAL UNIT ASPEN RESIDENCE CLUB AND HOTEL CONDOMINIUM MAP According to the Plat recorded January 21, 2005 in Plat Book 71 at Page 86 as Reception No. 506237 and as defined and described in the Declaration and Plan of Club Ownership For Aspen Residence Club and Hotel Condominium recorded January 21, 2005 as Reception No. 506236 COUNTY OF PITKIN, STATE OF COLORADO 'FOR COMPANY REFERENCE PURPOSE ONLY, NOT AN INSURING PROVISION ALTA Owner's Policy — Schedule A r stewarf° Page l of 1 Policy Typist: LGW tttls gusrsnty comwvy • ALTA OWNER'S POLICY (6/17/06) • Order Number: 23256--C8 SCHEDULE B Exceptions From Coverage Policy Number: 0-9301-1724768 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for year 2010, which are a lien not yet payable. 8. The effect of inclusion in the following tax districts: Pitkin County; Healthy Community Fund; Aspen Ambulance District; Open Space & Trails; Pitkin County Library; City of Aspen; Aspen Fire Protection; Aspen Sanitation District; Colorado Mtn. College; Colorado River Water Cons.; Aspen Historic District. 9. Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded April 4, 1884 in Book 1 i at Page 65. 10. Terms and conditions of Assignment of Easement between Ralph P. and Marian H. Melville and Mountain Chalet Enterprises Inc. recorded December 29, 1975 in Book 307 at Page 88. 11. All matters contained in the City of Aspen Ordinance No. 14, Series of 1985 recorded June 26, 1985 in Book 488 at Page 717. 12. Easement and right of way by Savanah Limited Partnership to Mountain Chalet Enterprises recorded October 4, 1989 in Book 604 at Page 184 as Reception No. 315797. ALTA Owner's Policy Schedule B-1 rs`ewwt° Page 1 of 3 two o"QrKy c=p" ALTA OWNER'S POLICY (6/17/06) 13. Planned Unit Development/Subdivision Agreement with City of Aspen recorded October 3, 1988 in Book 574 at Page 792; recorded August 15, 1990 in Book 627 at Page 457; recorded September 23, 1992 in Book 689 at Page 317; recorded January 7, 1993 in Book 699 at Page 978; recorded February 9, 1993 in Book 703 at Page 22 1; recorded January 20, 2004 as Reception No. 493607 and PUD Map recorded January 20, 2004 as Reception No. 493606 14. Covenant regarding Parking Spaces recorded December 14, 1992 in Book 697 at Page 499 as Reception No. 351804. 15. Easement and right of way to Holy Cross Electric Service recorded January 25, 1993 in Book 701 at Pa eg 818 as Reception No. 353291. 16. All matters shown on the plats recorded October 3, 1988 in Plat Book 21 at Page 35; Amendments recorded July 1, 1989 in Plat Book 22 at Page 85; recorded December 28, 1990 in Plat Book 25 at Page 49; recorded October 1, 1992 in Plat Book 29 at Page 71 and recorded February 9, 1993 in Plat Book 30 at Page 65. 17. All matters shown on the plat of The Aspen Residence Club and Hotel Condominium Map recorded in Plat Book 71 at Page 86. 18. Planned Unit Development/Subdivision Agreement recorded January 15, 1998 as Reception No. 412581. 19. Lease between SLT Aspen Dean Street, LLC and Voicestream PCS II Corporation recorded November 3, 1999 as Reception No. 437363. 20. Agreement to Redefine Open Space Easement by SLT Aspen Dean Street, LLC and Savanah Limited Partnership recorded January 30, 2001 as Reception No. 451036. 21. Declaration and Plan of Club Ownership for Aspen Residence Club and Hotel Condominium recorded January 21, 2005 as Reception No. 506236. 22. Aspen Planning and Zoning Commission Resolution No. 6, Series of 2005, Approving A Planned Unit Development Amendment to the St. Regis Hotel recorded February 25, 2005 as Reception No. 507359. THE ABOVE EXCEPTIONS APPLY TO BOTH HOTEL AND COMMERCIAL UNITS 23. Hotel Amenities Use and Access Agreement (Aspen Residence Club and Hotel Condominium) recorded January 21, 2005 as Reception No. 506240 APPLIES TO THE HOTEL UNIT ONLY 24. Any and all existing leases and tenancies, APPLIES TO HOTEL AND COMMERCIAL UNITS. 25. Any mechanic's liens for materials, services or labor, contracted for, performed or delivered after the effective date of this Policy. APPLIES TO HOTEL AND COMMERCIAL UNITS. 26. Surrender of Control and Partial Modification of Rights for Aspen Residence Club And Hotel Condominium recorded October 4, 2010 as Reception No. 574027. ALTA Owner's Policy Schedule B-I rstewart, Page 2 of 3 L_.. ft. guw*,ny w,,,p,,,y • ALTA OWNER'S POLICY (6/17/06) 27. A Deed of Trust dated September 29, 2010, executed by 315 East Dean Associates, Inc., a Delaware corporation, to the Public Trustee, to secure an indebtedness of $71,336,000.00 in favor of The Islamic Bank Of Thailand recorded October 4, 2010 as Reception No. 574028. 28. Subordination, Non -Disturbance and Attornment Agreement recorded October 4, 2010 as Reception No. 574029. 29. Assignment of Leases and Rents recorded October 4, 2010 as Reception No. 574030. 30. Notice by Disburser recorded October 4, 2010 as Reception No. 574031. ALTA Owner's Policy Schedule B-1 c ewiwt° Page 3 of 3 M19 guaranty company ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 Fstewart title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 The Policy is hereby amended by deleting Paragraph(s): 1-5, inclusive, of Schedule B: Charge: $0.00 This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned:: lam!/ A orized Countersignature Stewart 'Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-13 84 Agent ID: 0601 1A stewart title guaranty company Serial No. E-9851-8186700 Senior Chairman of b6 Board Chairman of the Board President Form 110.1 Deletion of Exception(s) Endorsement • • ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 23256--C8 Section 14 of the Conditions relating to arbitration, is hereby deleted in its entirety. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: . � SteWaft title guaranty company �. 4=cd Countersignature Senior Chairman of t e Board Charge: $0.00 °p <LE CV Stewart Title � t �•: •••••�9 \4 • '?� Aspen Division � pYTOF 620 East Hopkins Avenue. Aspen, Colorado 81611 s o e o • :. +� Chairman of the Board i <x psi Phone: 5-3577 Fax:970-925-0-925-1384 Agent ID: 0601 lA President Endorsement 0-9301-1724768 Serial No. STG Deletion of Arbitration ALTA FORM 3.1-06 (Zoning — Completaucture) ENDORSEMENT ATTACHED TO POLICY NUMBER 0-9301-1724768 ISSUED BY s rt. title guaranty company Order Number: 23256—C8 Charge: 1. The Company insures against loss or damage sustained by the Insured in the event that, at Date of Policy, according to applicable zoning ordinances and amendments, the Land is not classified Zone LTR PUD the following use or uses are not allowed under that classification: a. Hotel or lodge. b. Timeshare lodge. c. Exempt timesharing. d. Offices and activities accessory to timeshare unit sales e. Bed and breakfast. f. Conference facilities. g. Uses associated with outdoor recreation facilities and event. h. Accessory uses and structures. (Food service for on -site lodge guests is an accessory use.) i. Storage accessory to a permitted use. j. Affordable multi -family housing accessory to a lodging or timeshare operation and for employees of the operation. k. Free market multi -family housing. I. Home occupations. There shall be no liability under paragraph l .b. if the use or uses are not allowed as the result of any lack of compliance with any conditions, restrictions, or requirements contained in the zoning ordinances and amendments, including but not limited to the failure to secure necessary consents or authorizations as a perquisite to the use or uses. This paragraph l.c. does not modify or limit the coverage provided in Covered Risk 5. 2. The Company further insures against loss or damage sustained by the Insured by reason of a final decree of a court of competent jurisdiction either prohibiting the use of the Land, with any existing structure, as specified in paragraph Lb. or requiring the removal or alteration of the structure, because, at Date of Policy, the zoning ordinances and amendments have been violated with respect to any of the following matters: a. Area, width, or depth of the Land as a building site for the structure b. Floor space area of the structure c. Setback of the structure from the property lines of the Land d. Height of the structure, or e. Number of parking spaces. 2. There shall be no liability under this endorsement based on: a. the invalidity of the zoning ordinances and amendments until after a final decree of a court of competent jurisdiction adjudicating the invalidity, the effect of which is to prohibit the use or uses; b. the refusal of any person to purchase, lease or lend money on the Title covered by this policy. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Copyright 2006-2009 American Land Title Association. All rights reserved. �11 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAND = A130CW71UN ALTA 3.1-06 Zoning (10122/09) gtP.knlrnr.t ALTA FORM 3.1-06 (Zoning — Complet*ucture) • Countersigned �by: / + GU '� �7 LeiWa . A rizedCountmigaature title guaranty company Senior Chairman of tKe Board Stewart"ritle Aspen Division 620 East Hopkins Avenue , Chairman of the Board Aspen, Colorado 81611 00„.» Phone:970-925-3577'�ox►o,, •'y Fax: 970-925-1384 ✓t: t 9 D 8 p Agent 1D: 06011 A �:.a�.^�' President Endorsement E-1111-6198282 Serial No. Copyright 2006-2009 American Land Title Association. Alt 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. ALTA 3.1-06 Zoning (10/22/09) A MB_AICAN LAND T7_T_L_C A SQCIATION -. 0 0 ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 Fstewart ►title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 Charge: $0.00 ALTA Endorsement 4.1-06 (Condominium) Revised 10/16/08 ENDORSEMENT Attached to Policy No. 0-9301-1724768 Issued By STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured by reason of: 1. The failure of the unit identified in Schedule A and its common elements to be part of a condominium within the meaning of the condominium statutes of the jurisdiction in which the unit and its common elements are located. 2. The failure of the documents required by the condominium statutes to comply with the requirements of the statutes to the extent that such failure affects the Title to the unit and its common elements. 3. Present violations of any restrictive covenants that restrict the use of the unit and its common elements and that are contained in the condominium documents or the forfeiture or reversion of Title by reason of any provision contained in the restrictive covenants. As used in this paragraph 3, the words "restrictive covenants" do not refer to or include any covenant, condition, or restriction (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy and is not excepted in Schedule B. 4. Any charges or assessments provided for in the condominium statutes and condominium documents due and unpaid at Date of Policy. 5. The failure of the unit and its common elements to be entitled by law to be assessed for real property taxes as a separate parcel. 6. Any obligation to remove any improvements that exist at Date of Policy because of any present encroachments or because of any future unintentional encroachment of the common elements upon any unit or of any unit upon the common elements or another unit. 7. The failure of the Title by reason of a right of first refusal to purchase the unit and its common elements which was exercised or could have been exercised at Date of Policy. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. COLD Form 110.3 (Rev. 6-14-96) • • Stewart title guaranty company Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: A orizcd Countersignature J Senior Chairman of t e Board Stewart Title Aspen Division Chairman of the Board 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 President Fax: 970-925-1384 Agent ID: 06011A Serial No. E-2190-9773920 E ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 F—s ewar title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 Charge: $0.00 ALTA Endorsement 5.1-06 (Planned Unit Development) Revised 10/16/08 ENDORSEMENT Attached to Policy No. 0-9301-1724768 Issued by STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured by reason of 1. Present violations of any restrictive covenants referred to in Schedule B that restrict the use of the Land or the forfeiture or reversion of Title by reason of any provision contained in the restrictive covenants. As used in this paragraph 1, the words "restrictive covenants" do not refer to or include any covenant, condition, or restriction (a) relating to obligations of any type to perform maintenance, repair, or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy and is not excepted in Schedule B. 2. Any charges or assessments in favor of any association of homeowners, that are provided for in any document referred to in Schedule B, due and unpaid at Date of Policy. 3. The enforced removal of any existing structure on the Land (other than a boundary wall or fence) because it encroaches onto adjoining land or onto any easements. 4. The failure of the Title by reason of a right of first refusal to purchase the Land that was exercised or could have been exercised at Date of Policy. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. COLO Form 110.3 (Rev. 6-14-96) IE Stewart —•title guaranty company +"+t 0 IE.Cy4y 3 '3,co�►OR�r�, : s r 1908 :o Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: . Gf/ J rind Countersignature Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 Agent ID: 06011 A Serial No. E-2190-7429798 / C `` - low - Senior - Chairman oft the Board i Chairman of the Board 9" . /,a 0 • ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 sewart.C--i. title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 Charge: $0.00 ALTA Endorsement 8.2-06 (Commercial Environmental Protection Lien) (10/16/08) ENDORSEMENT Attached to Policy No. o-9301-1724768 Issued by STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured by reason of an environmental protection lien that, at Date of Policy, is recorded in the Public Records or filed in the records of the clerk of the United States district court for the district in which the Land is located, unless the environmental protection lien is set forth as an exception in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: A rizedCouttmignawre Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 Agent ID: 06011A Serial No. E-2190-8793368 SleWaft title guaranty company Senior Chairman of t6 Board Chairman of the Board COLO Form 110.3 (Rev. 6-14-96) ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 *s ewar title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 Charge: $0.00 ALTA Endorsement 9.2-06 (Restrictions, Encroachments, Minerals - Improved Land; Owner's) ENDORSEMENT Attached to Policy No. 0-9301-1724768 Issued by STEWART TITLE GUARANTY COMPANY The Company insures against loss or damage sustained by the Insured by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: a. Present violations on the Land of any enforceable covenants, conditions, or restrictions, or any existing improvements on the Land that violate any building setback lines shown on a plat of subdivision recorded or filed in the Public Records. b. Any instrument referred to in Schedule B as containing covenants, conditions, or restrictions on the Land that, in addition, (i) establishes an easement on the Land, (ii) provides for an option to purchase, a right of first refusal, or the prior approval of a future purchaser or occupant, or (iii) provides a right of reentry, possibility of reverter, or right of forfeiture because of violations on the Land of any enforceable covenants, conditions, or restrictions. c. Any encroachment of existing improvements located on the Land onto adjoining land, or any encroachment onto the Land of existing improvements located on adjoining land. d. Any encroachment of existing improvements located on the Land onto that portion of the Land subject to any easement excepted in Schedule B. e. Any notices of violation of covenants, conditions, or restrictions relating to environmental protection recorded or filed in the Public Records. 2. Damage to existing buildings: a. That are located on or encroach upon that portion of the Land subject to any easement excepted in Schedule B, which damage results from the exercise of the right to maintain the easement for the purpose for which it was granted or reserved; b. Resulting from the future exercise of any right existing at Date of Policy to use the surface of the Land for the extraction or development of minerals excepted from the description of the Land or excepted in Schedule B. 3. Any final court order or judgment requiring the removal from any land adjoining the Land of any encroachment, other than fences, landscaping, or driveways, excepted in Schedule B. 4. Any final court order or judgment denying the right to maintain any existing building on the Land because of any violation of covenants, conditions, or restrictions, or building setback lines shown on a plat of subdivision recorded or filed in the Public Records., Wherever in this endorsement the words "covenants, conditions, or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions, or limitations contained in an instrument creating a lease. As used in paragraphs La. and 4, the words "covenants, conditions, or restrictions" do not include any covenants, conditions, or restrictions (a) relating to obligations of any type to perform maintenance, repair, or COLO Form 110.3 (Rev. 6-14-96 • • remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. rstewart title guaranty company Signed under seal for the Company, but this endorsement is ,'nly when it bears an authorized countersignature. Countersigned: A rized coualersignattue Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-1384 Agent ID:06011A Serial No. E-2190-6641638 Senior Chairman of t6 Board Chairman of the Board President ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 *s ewar . title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 STG Patent Endorsement 1 ENDORSEMENT Attached To and Made a Part of Policy No. 0-9301-1724768 Issued By STEWART TITLE GUARANTY COMPANY Charge: $0.00 The provisions of said policy are hereby modified and amended as of the date hereof as to the following matters and none other: The Company hereby insures the Insured against loss or damage, other than from claim(s) of unmarketability, by reason of the exercise of the following reservations contained in the Patent to said land as in No. 9 under Schedule B Part 1 The right to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts, and also subject to the 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, as provided by law, and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States of America, recorded April 4, 1884 in Book 11 at Page 45. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. COLO Form 110.3 (Rev. 6-14-96) E-stewart title guaranty company Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: "Countasipature A rized Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone:970-925-3577 Fax:970-925-1384 Agent ID: 0601 lA Serial No. E-21904761516 � c/lox , . - Senior Chairman oft a Board 1�,ih Chairman of the Board • ENDORSEMENT • ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 Fstewart *title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 The Company hereby insures the Insured: That said land abuts upon a physically open streets known as: Monarch and South Mill Charge: $0.00 and the Company hereby insures said Insured against loss which said Insured shall sustain in the event said assurance herein shall prove to be incorrect. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: A rized Countersignature Stewart •fitle Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-13 84 Agent ID: 06011 A Stewart I - title guaranty company Serial No. E-2139-2970896 Senior Chairman of the Board Chairman of the Board CO Form 103.7 Physically Open Street Endorsement w E ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1724768 P. s ewar title guaranty company HEREIN CALLED THE COMPANY Order Number: 23256--C8 Charge: $0.00 CLTA Property Description Same as Survey Endorsement 116.1 ENDORSEMENT Attached to Policy No.0-9301-1724768 Issued by STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY The Company hereby insures the insured against loss or damage which the insured shall sustain by reason of the failure of the land to be the same as that delineated on the plat of a survey made by C.C.S. Consultants Inc., on September 15, 2010 designated Job No. 04-2010 a copy of which is attached hereto and made a part hereof. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned: 4Ai�zed �CowlUlr�I�Awe Stewart Title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970-925-3577 Fax: 970-925-13 84 Agent ID: 0601 lA COLO Form 110.3 (Rev. 6-14-96) 5tev%wt Senior Chairman of& Board Chairman of the Board a g� Rif d�� xg� g��Hyb� � �g �$ ��a 5q x'�e` Y�j �ff g� �� `� �S 'x ��nxX■¢�� � ��� yxS� a B` b�g4 S bd �B» � =• �� _x n •� 8�' g�� !` 5 s a _ �4 a N� �S pwill =I _A S F � _ O -- cz�.t S = 9 A„ O E^O �.I z c� � o0 OG z m y z¢ c. z< yy s y 3 31 1;! 3 ga jig NO T� Easy Peel® Labels ♦ Bend along line to i AVERY@ 5160® Use Avery Template 51600 J Paper expose Pop -Up EdgeT"' ' 10 A 1 205 EAST DURANT 1 B LLC 315 EAST DEAN ASSOC INC 5TH AVE 106 LLC 205 E DURANT 1 B 150 E 58TH ST C/O CRAIG COHN ASPEN, CO 81611 14TH FLR PO BOX 394 NEW YORK, NY 10155 VAIL, CO 81658 911 SOUTH MILL ST LLC ABRAHAMSON ERIK G 75% ALYEMENI ALICE C/O FRIAS PROP TOMC ARBUTINE MARY JANE 25% 3109 OAKMONT DR 730 E DURANT 2639 MC CORMICK DR STATESVILLE, NC 28625 ASPEN, CO 81611 CLEARWATER, FL 33759 ANDERSON BRUCE J APRIL FAMILY TRUST ARGUETA NOLVIA A 700 S MONARCH #207 3501 S 154TH ST 922 S MILL ST #B ASPEN, CO 81611-1854 WICHITA, KS 67232-9426 ASPEN, CO 81611 ARMSTRONG HEATHER ASPEN ALPENBLICK NO 3 LLC ASPEN DOLOMITE ASSOCIATION NO 6 1021 PRINCETON WALK 211 VINE ST LLC MARIETTA, GA 30068 DENVER, CO 80206 ATTT BRIAN G MCELWEE INVESTMENT CO PO BOX 837 VALLEY FORGE, PA 19482 ASPEN RQ LLC ASPEN SHAW PROPERTIES LLC ASPEN SKIING COMPANY LLC 320 MARTIN ST #100 PO BOX 61347 PO BOX 1248 BIRIMINGHAM, MI 480091485 DENVER, CO 80206 ASPEN, CO 81612 ASPENITALL LLC ATTERBURY ANDREW L & PRENTICE BAKER KATHY 3755 NE 214TH ST GWYN A 2960 BARCLAY WAY AVENTURA, FL 33180 2001 SHAWNEE MISSION PKY ANN ARBOR, MI 481059463 SHAWNEE MISSION, KS 66205 BASMA NADA BECKER JAN BECKMAN SUSAN R 6318 NW 23 ST 72 ALDER AVE PO BOX 8167 BOCA RATON, FL 33434 SAN ANSELMO, CA 94960 ASPEN, CO 81612 BENNETT WOOD INTERESTS LTD BERSANI THOMAS A BILLINGSLEY FAMILY LP PO DRAWER 1011 3415 EAST LAKE RD 1206 N WALTON BLVD REFUGIO, TX 78377 SKANEATELES, NY 13152 BENTONVILLE, AR 72712 BLEILER JUDITH A TRUST BORNEMAN BRADLEY A BRENDAMOUR DOUGLAS P CHILDRENS PO BOX 10220 LOUGHEAD EDWARD TRUST ASPEN, CO 81612 PO BOX 552 6105 PARK RD BOYERTOWN, PA 19512 CINCINNATI, OH 45243 BRIDGE TIM BRIGHT GALEN BROADSCOPE PTY LTD 303 BROADWAY # 104-126 407 S HUNTER ST #3 CATLOW TRUST LAGUNA BEACH, CA 92691 ASPEN, CO 81611 223 RIVERTON DR SHELLEY AUSTRALIA 6148, Eticluettes faciles a peter ; A Repliez a la hachure afin de ; www.averycom I Itilica7 la naharit QVFRV® 51fii(1® i Sens de TM i reveler le rebord Poo-Uo 1 800-GO-AVERY Easy Peel® Labels Use AveryO Template 51600 BUSH STEVEN S 0046 HEATHER LN ASPEN, CO 81611 CAMPBELL ROBERT T 50% 700 MONARCH #204 ASPEN. CO 81611 CHIATE PROPERTIES LLC 20628 ROCKCROFT DR MALIBU, CA 90265-5342 CITY OF ASPEN ATTN FINANCE DEPT 130 S GALENA ST ASPEN, CO 81611 CROW MARGERY K 46103 HIGHWAY 6 GLENWOOD SPRINGS, CO 81601 DANCING BEAR LAND LLC 411 S MONARCH ST ASPEN, CO 81612 DAVIS CAROL L 7838 HILLMONT ST HOUSTON, TX 77040-6108 e 40 Feed Paper DESTINATION HOLDINGS FIFTH AVE LLC 333 RIVER VALLEY RANCH DR CARBONDALE, CO 81623 DOLINSEK JOHN 50% 619 S MONARCH ST ASPEN, CO 81611 EAST JAMES COLLIER TRUSTEE 2 LONGFELLOW LN LITTLE ROCK, AR 72207 Bend along line to expose Pop -Up Edge" CADER ANDREW C/O STIRLING HOMES 600 E MAIN ST #102 ASPEN. CO 81611 CANAS HUGO 922 S MILL ST #213 ASPEN, CO 81611 CHILDS INVESTMENT COMPANY 0284 CR 102 CARBONDALE, CO 81623 CJW ASPEN LLC 2572 NE MILDRED ST JENSEN BEACH. FL 34957 CWALT INC TRUST 400 COUNTRYWIDE WY SIMI VALLEY, CA 93065 DAUBENMIER STEVE 25% 731 S MILL ST #1 B ASPEN, CO 81611 DAYBREAK ASPEN LLC 22 PERKINS RD GREENWICH. CT 06830 DK TRUST 33.33% C/O JAMES RAPP PO BOX 3097 QUINCY, IL 62305 DOLOMITE 12 LLC C/O EDDIE CHEZ 141 W JACKSON BLVD STE 2900 CHICAGO, IL 60604 EDLIN RICHARD A & JANENE 85 BUCKINGHAM RD TENAFLY, NJ 07670 AVERY(� 5160® , 1 CAMERON JAMES & NANCY 1069 S MAIN ST WASHINGTON, PA 15301 CHAPLIN ARLENE & WAYNE 54 LAGORCE CIR MIAMI BEACH, FL 33141 CHRISTY JOAN 3415 EAST LAKE RD SKANEATELES, NY 13152 COOPER TWO LLC 950 HILL RD WINNETKA, IL 60093 CYS RICHARD L AND KAREN L 5301 CHAMBERLIN AVE CHEVY CHASE, MD 20815 DAUBENMIER STEVE R TRUST 23623 N SCOTTSDALE RD #D3 SCOTTSDALE, AZ 85255-3471 DELANEY ANTHONY JAMES 6 BANCROFT AVE ROSEVILLE NSW 2069 AUSTRALIA, DOBSON CAROL FAMILY TRUST 7507 E ARLINGTON RD SCOTTSDALE. AZ 85250 DONCER ASPEN LP 9651 W 196TH ST MOKENA, IL 60448 EDWARDS TRICIA TEEGARDIN 500 N CAPITAL OF TEXAS HWY BLDG 4- 100 AUSTIN, TX 78746 Etiquettes faciles a peler A Repliez a la hachure afin de ; www.avery.com Sens de i Irilica7 la naharit AVFRV@ 51F(1® ! _�_______. reveler le rebord Poo-UoTM 1-800-GO-AVERY Easy Peel® Labels Use Avery® Template 51606 ♦ ed Paper � Bend along line to expose Pop -Up EdgeT"^ �• AVERYS 51600 EIDAM KAREN A TRUST 8432 CASTLE DR MUNSTER, IN 46321 ELLERSTEIN DAVID PO BOX 552 BOYERTOWN. PA 19512 ETKIN DOUGLAS M & JUDITH G 29100 NORTHWESTERN HIGHWAY, STE 200 SOUTHFIELD. MI 48034 ELDER TRUST ELDER JERRY TRUSTEE PO BOX 308 LA JOLLA, CA 92038-0308 ERICKSON CLAIRE L & BETTY LOU FLP 1231 INDUSTRIAL RD HUDSON, WI 54016 EVANS DAVID COURTNEY PO BOX 952 ASPEN, CO 81612 ELLERBECK FAMILY PTNRSHP LTD II 121 N POST OAK LN HOUSTON, TX 77024 ESENJAY PETROLEUM CORP 500 N WATER ST #1100 SOUTH CORPUS CHRISTI, TX 78471 FAGIEN DEBRA 18620 LONG LAKE DR BOCA RATON, FL 33496 FASCHING HAUS CONDO ASSOC FASCHING HAUS CONDOMINIUM ASSOC FELDMAN SELMA 718 S MILL ST INC 747 S GALENA ST 300 S POINTE DR APT 2403 ASPEN, CO 81611 ASPEN, CO 81611 MIAMI BEACH, FL 33139-7329 FH ASPEN LLC FINKLE ARTHUR A & AMELIA FIORE MOIRA 4720 ROCKCLIFF RD # 3 2100 PONCE DELEON BLVD #901 150 CANTERBURY LN AUSTIN, TX 78746 CORAL GABLES, FL 33134 PALM BEACH, FL 33480 FLYNN MICHAEL T C/O GOOCH WILLIAM A FORD WARWICK S & NOLA M FORT BERNARDO & LAURINDA SPEAR 509 VIRGINIA DARE DR 700 S MONARCH ST #203 3315 DEVON CT VIRGINIA BEACH, VA 23451 ASPEN, CO 81611 COCONUT GROVE, FL 33133 FRANCIS DAVID M 36% FRANCIS LESLEE K 1 % FRANCIS ROBERT A IRREV FAM TRUST 907 CHARLES ST 731 S MILL ST #1-A 50% MIDDLETOWN, OH 45042 ASPEN, CO 81611 FRANCIS JUDI B IRREV FAM TRUST 13% 0201 HEATHER LN ASPEN, CO 81611 FREEDMAN MICHAEL W & NANCI FREIRICH MARK A FRIEDKIN THOMAS H & SUSAN J 32460 EVERGREEN RD PO BOX 774056 PO BOX 1116 FRANKLIN, MI 48025 STEAMBOAT SPRINGS, CO 80477 RANCHO SANTA FE, CA 95067 FRONSDAL ARNE FUREY JAMES H G A RESORT CONDO ASSOC INC PO BOX 2709 1945 PORT CHELSEA PLACE 1000 S MILL ST ASPEN, CO 81611 NEWPORT BEACH, CA 92660 ASPEN, CO 81611 GA RESORT CONDO ASSOC C/O VIC GIANNELLI GETTEL JAMES C GIANULIAS JIM 415 E DEAN ST 30 LIGHTHOUSE PT DR PO BOX 2990 ASPEN, CO 81611-3800 LONGBOAT KEY, FL 34228 NEWPORT BEACH, CA 92658 Etiquettes faciles a peter Repliez a la hachure afin de i Sens de www.avery.com i 1t111cp7 la naharit 4VFRY® 51600 reveler le rebord Poo-U0TM ! 1-800-GO-AVERY ! Easy Peel® Labels Use AveryO Template 51600 Feed Paper 1 0 Bend along line to expose Pop -Up EdgeTM AVERY@. 51600 ,l GLATTS HUGH 2408 SAN PIETRO CR PAM BEACH GARDENS, FL 33410 GOLAY FRANK H JR & INGA M C/O SULLIVAN & CROMWELL LLP 1888 CENTURY PARK EAST #2100 LOS ANGELES, CA 90007 GOODMAN MARK 700 MONARCH ST #103 ASPEN, CO 81611 GRAY W CALVIN JR & CONSTANCE M PO BOX 140 CENTREVILLE, MD 21617-0140 GM & MJ PROPERTIES LLC 1900 MYRTLE ISLAND DR LAS VEGAS, NV 89106 GOLDSMITH ADAM D SMITH RONA K PO BOX 9069 ASPEN, CO 81612 GORSUCH COOPER LLC 263 E GORE CREEK DR VAIL, CO 81657 GREENWOOD KAREN DAY GREENWOOD STERLING JAMES 409 E COOPER AVE ASPEN, CO 81611 GOERES NANCY 826 SAVANNAH AVE PITTSBURGH. PA 15221 GOOCH WILLIAM A PMB 105-512 700 NW GILMAN BLVD ISSAQUAH, WA 98027-5395 GRAND ASPEN LODGING LLC PO BOX S ASPEN, CO 81612-7420 GRUMBACHER MATTHEW R 15575 FRYING PAN RD BASALT, CO 81621 GSS MONARCH LLC HALL THOMAS L PERS INCOME & ASSET HANSEN BRUCE G 601 E HYMAN AVE TRUST 2020 S ONEIDA ST #210 ASPEN, CO 81611 15145 PAWNEE CIRCLE DENVER, CO 80224 LEAWOOD. KS 66224 HANSEN JULIA 255 SEASPRAY AVE PALM BEACH, FL 33480 HAZELL LOUISE ANNE 6 BANCROFT AVE ROSEVILLE NSW 2069 AUSTRALIA, HILL EUGENE D III & JOAN L TRUST 3310 KINGSLEY CT PEBBLE BEACH, CA 93953 HORTON KAREN JANE TRUST 588 S PONTIAC WAY DENVER, CO 80224 ICAHN LIBA PO BOX 11137 ASPEN. 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