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Home My WebLink AboutLand Use Case.100 E Main St.0007.2014.AHPC1 0007.2014.AHPC 100 EAST MAIN STR HPC MINOR REVIEW& MINOR GMQS 2735-124-01-801 - scuaq r f . P -- - THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: 0007.2014.AHPC PARCEL ID NUMBERS: 2735-124-01-801 PROJECT ADDRESS: 100 E MAI N ST PLANNER: AMY SIMON CASE DESCRIPTION: MINOR REVIEW & MINOR GMQS REPRESENTATIVE: KIM RAYMOND DATE OF FINAL ACTION: 07/07/2014 CLOSED BY: ROBERT GREGOR ON: 06/10/2015 07 Permits Elle Edit Record Navigate Fgmi Report Format Iab Belp 4 4 .c 4 4:: 4/ <1 :0 9Â·4 1 KI:"4' 73 21 3 lumpl 1 1, 10. */ . tâ‚¬U/- wmZ Â¥ -- Â¥- i 2-1 4% ...4 4; C â€¢94 :a 0=F 45= 4 tv Main Custom Fields ~ RÂ®ting Status ~ Fee Summae Actions Routing.Listory 1_ Ii,0, 4/U 'r /- Permit ty'pe // 45:r-E=Larj USE Penrit# :uout.Zlie..â‚¬:Mt I Addiess 100 E MAIN S Apt/Sute Cly ASPEN State CO Zip 81â‚¬11 Permit Information V : Master peimit Routing queue asiu07 Appied gL. i 0 =w I : Plokd St81US Pending Ap,oved Description HKLINOR. MINOR Ct,(02 91* U. Issued Closed/Fid Â· SÂ®Ntled KIJ t- 1':WALâ€¢ .. W .,AL.--Â£= ~?,71,0,!P '070% 00: 7.'co M> 4 0 'tfu C Clock Running Days 0 Exples uu i.,L. I. Submitted via , 0,?rel M . Last nanne i l,u C MAF, 1:irhLL First name 100 E MAIN ST ASPEN CO 81811 Phone 19,0,49-deu Addiess 0'r' 0071 1 14 Appdcant 4 Owner k applicant? 4 . Contractor k appl~cant? ; Lastrane 100 EMAIN STRLLC Fist name 1" Er- Â· CT # I J' V -- ASPEN CO 81â‚¬11 , . -/9.. Address Phorie ty,i:<Vzu-1200 . lust N ZE j:t ' i Lender : Last name First name Phone l - Addiess Asper6016 (serv'ef) dknm View loil N32*--- I seiON 610!nt] . xogiool sdnog gel t DEVELOPMENT ORDER ofthe City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. 100 E. Main Street LLC. c/o Starwood, LLC, 0133 Prospector Road. Suite 4102B. Aspen, CO 81611. Property Owner's Name, Mailing Address 100 E. Main Street, Aspen Clinic Building Condominium, Units 1-3, City and Townsite of Aspen, Colorado, PID #2735-124-01-201 through -203. Legal Description and Street Address of Subject Property HP C granted Minor Development approval for exterior changes to the existing building and changes to the landscape. Written Description of the Site Specific Plan and/or Attachment Describing Plan Approval by the Historic Preservation Commission; approval granted on May 14, 2014 through HPC Resolution # 14, Series of 2014. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) June 19,2014 Effective Date of Development Order (Same as date of publication ofnotice of approval.) June 19, 2017 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Is s~f June, 2014, by the City of Aspen Community Development Director. Chris Bendon, Community Development Director An) 5 AFFIDAVIT OF PUBLIC NOTICE REQUIR-ED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 1 DO E. Maw- Aspen, CO STATE OF COLORADO ) ) SS. County of Pitl<in ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: l/. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper o f general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication ofnotice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this !9 day of .1 (Ac-,56- , 20(1*' by Ary,01Â£6 6â‚¬Â»Pe-\ , WITNESS MY HAND AND OFFICIAL SEAL PUBLIC NOTICE My commission expires: .11(2#l (07 Of DEVELOPMENT APPROVAL Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to i bitÂ» 2Â»4 fdt-- the Land Use Code of the City of Aspen and Title Notary Public 24, Article 68, Colorado Revised Statutes, pertain- ing to the following described property: 100 E. Main ~ KAREN REED PATTERSON Street, Aspen Clinic Building Condominium, Units 1-3, City and Townsite of Aspen, Colorado, PID NOTARY PUBLIC #2735-124-01-201 through -203. On May 14, 2014, the Historic Preservation Commission 1 STATE OF COLORADO passed Resolution #14, Series of 2014, granting approval for mjnor exteNor changes to the existing ATTACHMENTS: building and changes to the landscape. For fur- i Uy Commission Expires February 15, 2016 3 NOTARY ID #19964002767 ther information contact Amy Simon. at the Aspen r Community Development Dept., 130 S. Galena St, Aspen, Colorado, amy.simon @cityofaspen.com, (970) 429-2758. COPY OF THE PUBLICATION City of Aspen Published in The Aspen Times on June 19, 2014 (10285269) A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION APPROVING MINOR DEVELOPMENT AND GROWTH MANAGEMENT CHANGE IN USE REVIEW FOR 100 E. MAIN STREET, ASPEN CLINIC BUILDING CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO RESOLUTION #14, SERIES OF 2014 PARCEL ID: 2735-124-01-801 and 2735-124-01-201 through -- 203 WHEREAS, the applicant, 100 E. Main Street, LLC, owner; represented by Kim Raymond Architects, submitted an application requesting Minor Development review and Growth Management review for the property located at 100 E. Main Street, Aspen Clinic Building Condominiums, City and Townsite of Aspen, Colorado. 100 E. Main Street is located in the Main Street I listoric District; and WHEREAS, Community Development Department staff reviewed the application for compliance with the applicable review standards and recommended approval of Minor Development and Growth Management review with conditions; and, WHEREAS, the Aspen Historic Preservation Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a duly noticed public hearing on May 14, 2014; and WHEREAS, the City of Aspen Historic Preservation Commission finds that the development proposal meets all applicable review criteria and that the approval of the request is consistent with the goals and objectives of the Land Use Code; and, WHEREAS, the Historic Preservation Commission approves the application with conditions; by a vote of 6 to 0. NOW, THEREFORE, BE IT RESOLVED: That HPC grants Minor Development and Growth Management approval for the property located at 100 E. Main Street, with the following conditions: 1. All changes from the HPC approved plans that may be developed during building permit review related to circulation, right-of-way, and landscaping are to be reviewed and approved by staff' and monitor, or forwarded to the full board if appropriate. 2. The applicant must provide Affordable Housing Credits equal to 1.5 employees at a Category 4 level to mitigate for the new free market housing unit. The credits are due at the time of building permit application. 3, The development approvals granted herein shall constitute a site-specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of. the terms and conditions attendant to this RECEPTION#: 610507, 05/21/2014 at 11:08:31 AM, 1 OF 2, R $16.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested properly right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid fur a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and 1 itle 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 212 Lake Avenue, legally described as Units A and B of the 212 Lake Avenue Condominiums, City and Townsite of Aspen, Colorado. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules. regulations and ordinances or the City 01 Aspen provided that such.reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice o f final development approval as required under Section 26.304.070(A). 1 he rights of re ferendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY r~~5 COMMISSION at its regular meeting on the 14th day of May, 2014. Jay~ia;|tin, Chak Appiloved *s to Form:*7 6:01-42 - Debbie Quinn, Assistant City Attorney ATIEST: 9 Kathy Strickland, Chief Deputy Clerk C, MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Historic Preservation Officer RE: 100 E. Main Street- HPC Minor Design Review and Growth Management Review DATE: May 14,2014 SUMMARY: 100 E. Main Street is 7,702 square foot lot located in the Main Street Historic District. It is developed with a 1964 office building which is not considered historically significant due to lack of association with a documented architect or AspenModern architectural style. The building has been entirely occupied by medical office uses since construction. A new owner wishes to undertake an interior remodel to convert part of the upper floor to a free market residential unit. Some changes to the exterior of the building and the site are also proposed. HPC must conduct design review of the project. Creation of the free market residence requires a "change in use" review under the Growth Management provisions. The applicant must provide a specified amount of affordable housing mitigation. Typically this discussion is handled by the Planning and Zoning Commission, but it is being consolidated with HPC design review in order to streamline hearings. APPLICANT: 100 E. Main Street, LLC, owner; represented by Kim Raymond Architects. PARCEL ID: 2735-124-01-801 and 2735-124-01-201 through - 203. ADDRESS: 100 E. Main Street, Aspen Clinic Building Condominiums, City and Townsite of Aspen, Colorado. ZONING: MU, Main Street Historic District. MINOR DEVELOPMENT The procedure for HPC Minor Development Review is as follows. Staff reviews the submittal materials and prepares a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code Sections. This report is transmitted to the HPC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines. The HPC may approve, disapprove, approve with conditions, or continue the application to obtain additional information necessary to make a decision to approve or Page 1 0 f 7 100 E. Main Street HPC Minor and GMQS Review deny. If the application is approved, the HPC shaN issue a Certificate of Appropriateness and the Community Development Director shall issue a Development Order. The HPC decision shall be final unless appealed by the applicant or a landowner within three hundred (300) feet of the subject property in accordance with the procedures setforth in Chapter 26.316. Staff finding: A list of the relevant HPC design guidelines is attached as "Exhibit A." Very few apply to the limited exterior changes involved in this application. In addition to the HPC guidelines, the project is subject to the "Commercial, Lodging and Historic District Design Objectives" for the Main Street Historic District. The relevant guidelines from that document are also listed in "Exhibit A." Commercial design review must address the following criteria: A. The proposed development meets the requirements of Section 26.412.060, Commercial design standards, or any deviation from the standards provides a more appealing pattern of development considering the context in which the development is proposed and the purpose Of the particular standard. Unique site constraints can justify a deviation from the standards. Compliance with Section 26.412.070, Suggested design elements, is not required but may be used to justify a deviationfrom the standards. B. For proposed development converting an existing structure to commercial use, the proposed development meets the requirements of Section 26.412.060, Commercial design standards, to the greatest extent practical. Changes to the fagade of the building may be required to comply with this Section. C. The application shall comply with the guidelines within the Commercial, Lodging and Historic District Design Objectives and Guidelines as determined by the appropriate r. uommission. The guidelines set forth design review criteria, standards and guidelines that are to be used in making determinations of appropriateness. The City shall determine when a proposal is in compliance with the criteria, standards and guidelines. Although these criteria, standards and guidelines are relatively comprehensive, there may be circumstances where alternative ways of meeting the intent of the policy objectives might be identified. In such a case, the City must determine that the intent of the guideline is still met, albeit through alternative means. The proposed exterior changes include a small second floor addition and minor window and door changes at the southwest corner of the building, construction of an upper fioor deck, and addition of an elevator on the east fa~ade. There is no change in overall building footprint, other than the elevator. In the 1960s and 70s, a number of lodge and commercial buildings like this one were constructed on Main Street, with no particular architectural relationship to the Victorian character of the area. The minor exterior improvements proposed for this building are appropriate to this particular building and do not, in staff' s opinion, create any new disconnect with the surrounding historic district. Page 2 of 7 100 E. Main Street HPC Minor and GMQS Review New materials being introduced on the building are steel, glass railings, and possibly new stone facing on existing planters. The architect must provide samples of proposed materials at the HPC review. The architect must also verify that the new second floor staircase complies with the 5' west sideyard setback requirement. It appears to sit directly on top of the existing lower floor, which is only 4.7' from the west lot line. Beyond the typical HPC related design review issues, there are a number of items that will need resolution during building permit review, and may return to LIPC as project monitoring topics. The applicant proposes to construct a small elevator on the east side of the building, providing required accessibility to the 4 flvvi vffice .v A safe pathway from the public right-of- seconu Anr n enace. way to the elevator is required. The existing path along the back side of the building has a door that swings into it, and recycling bins and a proposed parking spot blocking the route. This will need amendment. Regarding parking, the property currently has no on-site parking spaces that meet the City's dimensional requirements. This remodel does not require that parking be added, except for the new residential use, which requires one parking space. Because it does not appear that a space can be provided without conflicting with the route to the elevator the applicant will likely be required to pay a cash in lieu payment of $30,000. They may choose this solution by right. It does not require a variance or any action by HPC. An additional parking change that HPC should be aware of is that the Engineering Department has determined that the permit review for this project will result in the City revoking the encroachment license that has been in place for all of the head in parking that is currently located in public right-of-way along the west side of the property. In order to address dangerous conditions from vehicles backing in and out of this area, the curbline will have to be re- established, and the existing parking will be replaced with grass, trees, and sidewalk, probably similar to the appearance of the right of way just north of this site. The same requirement has been made for the Hotel Aspen project, on the other side of Garmisch Street. The existing planters at the front of the building encroach slightly into the sidewalk on the Main Street side. The applicant may need an encroachment license and/or may need to alter the planters as part of this project. Similarly, the accessible ramp in the front of the building may need to be re-worked. The property currently does not have adequate on-site trash and recycling facilities. The scope of work does not appear to trigger full compliance, which would be a dedicated 10'x20' area at the rear of the property. However, some improvements will be needed, to be determined by the Environmental Health Department. The plans indicate the possibility of a new water line to be installed from Main Street towards the proposed elevator. This work may impact trees between the 100 E. Main and 120 E. Main property and will require review and approval by the Parks Department. Page 3 of 7 100 E. Main Street 1-IPC Minor and GMQS Review During permit review, the project must pass zoning compliance with regard to floor area limitations. The building is currently over the allowed floor area for the site. The building was granted appropriate building permits at the time of construction, so the overage can be maintained, but not increased. Because one aspect of the proposal, the new elevator, is provided for a public purpose, the Community Development Director is able to grant enough area to cover just that feature if necessary, to be determined. There are other calculations that will be made according to the provisions of the zone district to ensure a balance of residential and commercial space. The residential unit is limited to 2000 square feet of net livable area. The Planning O ffice may require the filing of a deed restriction or other tool to confirm that the adjacent second floor office spaces do not get absorbed into the residential use. The issues above are pointed out just to inform HPC of some associated reviews for the proposal. Solutions to some of the circulation, right-of-way, landscaping, etc. will not be fully worked out until other City departments are more involved. Staff will bring any changes that affect the private property (HPC's area of purview) to the project monitor for review. Staff recommends 1-IPC grant design approval for the project finding that the criteria are met. GROWTH MANAGEMENT, CHANGE-IN-USE According to Municipal Code Section 26.470.070.2, the proposal to change a portion of the existing structure at 100 E. Main Street from Commercial Use to Residential Free Market Use shall be approved, approved with conditions or denied based on the general requirements outlined in Section 26.470.050, below. No more than one free-market residential unit may be created through this change-in-use process. 26.470.050 B. General requirements: All development applications for growth management review shall comply with the following standards. The reviewing body shall approve, approve with conditions or deny an application for growth management review based on the following generally applicable criteria and the review criteria applicable to the specific type of development: 1. Sufficient growth management allotments are available to accommodate the proposed development, pursuant to Subsection 26.470.030.D. Applications for multi-year development allotment, pursuant to Paragraph 26.470.090.1 shall not be required to meet this standard. Staff finding: Free market residential units created through the "change in use" process are not deducted from the 18 units that are available for allocation each year. There is no limit on "change in use" related units. This criterion is met. 2. The proposed development is compatible with land uses in the surrounding area, as well as with any applicable adopted regulatory master plan. Staff finding: The zoning in the surrounding area is Mixed Use, accommodating commercial and residential uses on a single property. The proposed new residential use is compatible with the neighborhood. This criterion is met. Page 4 of 7 100 E. Main Street HPC Minor and GMQS Review 3. The development conforms to the requirements and limitations of the zone district. Staff finding: The maximum total floor area allowed on this site is 1:1 or approximately 6,649 square feet. A recent calculation of existing floor area on the site is 7,479 square feet, making the building non-conforming, both in terms of the overall cap on floor area for the lot and the cap on commercial use on the lot. The non-conformity can be maintained, so long as no more than 40% of the existing structure is demolished. The applicant understands that the non-confirming conditions cannot be increased. This criterion is met. 4. The proposed development is consistent with the Conceptual Historic Preservation Commission approval, the Conceptual Commercial Design Review approval and the Planned Development - ProjecI Review approval, as applicable. Staff finding: The scope of work requires LIPC Minor review, which is being considered concurrently with this Growth Management review. This criterion is met. 5. Unless otherwise specified in this Chapter, sixty percent (60%) of the employees generated by the additional commercial or lodge development, according to Subsection 26.470.100.A, Employee generation rates, are mitigated through the provision of affordable housing. The employee generation mitigation plan shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, at a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate. Staff finding: The project will not generate any new commercial or lodge development. This criterion is met. 6. Affordable housing net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher, shall be provided in an amount equal to at least thirty percent (30%) of the additional free-market residential net livable area, for which the finished floor level is at or above natural or finished grade, whichever is higher. Affordable housing shall be approved pursuant to Paragraph 26.470.070.4, Affordable housing, and be restricted to a Category 4 rate as defined in the Aspen/Pitkin County Housing Authority Guidelines, as amended. An applicant may choose to provide mitigation units at a lower category designation. Affordable housing units that are being provided absent a requirement ("voluntary units") may be deed-restricted at any level of affordability, including residential occupied. If an applicant chooses to use a Certificate of Affordable Housing Credit as mitigation, pursuant to Chapter 26.540, such Certificate shall be extinguished pursuant to Chapter 26.540.90 Criteria for Administrative Extinguishment of the Certificate, utilizing the calculations in Section 26.470.100 Employee/Square Footage Conversion. Page 5 of 7 100 E. Main Street HPC Minor and GMQS Review Staff finding: The applicant proposes to create a new free market residential unit which is 2000 square feet of net livable area, which is the maximum allowed for any one unit on the site. Calculation of the required mitigation is as follows: 2,000 square feet of new net livable area x 30%= 600 square feet of mitigation required. Whenever an affordable housing mitigation requirement is required to be converted between a number-of-employees requirement and a square-footage requirement, regardless of direction, the following conversion factor shall be used: 1 employee = 400 square feet of net livable area. Therefore, 600 square feet of mitigation required is equal to 1.5 employees to be mitigated. The applicant proposes to purchase affordable housing credits equal to this mitigation requirement, at a Category 4 level. This complies with the referenced Section above, Section 26.470.070.4.b., which states: Affordable housing required for mitigation purposes shall be in the form of actual newly built units or buy-down units. Off-site units shall be provided within the City limits. Units outside the City limits may be accepted as mitigation by the City Council, pursuant to Paragraph 26.470.090.2. If the mitigation requirement is less than one (1) full unit, a cash-in- lieu payment may be accepted by the Planning and Zoning Commission upon a recommendation from the Aspen/Pitkin County Housing Authority. If the mitigation requirement is one (1) or more units, a cash-in-lieu payment shall require City Council approval, pursuant to Paragraph 26.470.090.3. A Certificate of Affordable Housing Credit may be used to satisfy mitigation requirements by approval of the Community Development Department Director, pursuant to Section 26.540.080 Extinguishment of the Certificate. Required affordable housing may be provided through a mix of these methods. This criterion is met. 7. The project represents minimal additional demand on public infrastructure, or such additional demand is mitigated through improvement proposed as part of the project. Public infrastructure includes, but is not limited to, water supply, sewage treatment, energy and communication utilities, drainage control, fire and police protection, solid waste disposal, parking and road and transit services. Staff finding: The effects on public infrastructure, and the need for any upgrades, will be confirmed during building permit review. The project will have to make improvements related to stormwater management and other regulations. This criterion is met. The HPC may: â€¢ approve the application, â€¢ approve the application with conditions, â€¢ disapprove the application, or â€¢ continue the application to a date certain to obtain additional information necessary to make a decision to approve or deny. Page 6 of 7 100 E. Main Street HPC Minor and GMQS Review RECOMMENDATION: Staff recommends that HPC grant approval for the proposed exterior changes for 100 E. Main Street. Staff recommends all changes to the approval related to circulation, right-of-way, landscaping, etc. be reviewed and approved by staff and monitor, or forwarded to the full board if appropriate. Staff recommends HPC grant the GMQS Change in Use approval with the condition that the applicant provide Affordable Housing Credits equal to 1.5 employees at a Category 4 level. The credits are due at the time of building permit application. Exhibits: Resolution # , Series of 2014 (draft to be provided at IIPC meeting) A. Relevant HPC design guidelines B. Engineering Department Referral Comments C. Application Exhibit A, Relevant Desi~n Guidelines 7.6 Where a sidewalk exists, maintain its historic material and position. Historically, sidewalks were detached from the curb, and separated by a planting strip. .7 Minimize the use of curb cuts along the street. Provide auto access along an alley wherever possible. New curb cuts are not permitted. Wheneverpossible, remove an existingcurb cut. 7.8 Provide a walk to the primary building entry, perpendicular from the public sidewalk. 7.16 Use building components that are similar in size and shape to those of the Victorian era residences seen traditionally on Main Street. u These include windows, doors andporches. o Overall, details should be modest in character. 7.20 Use building materials that are similar to those used historically. u When selecting materials, reflect the simple and modest character of historic materials and their placement. 7.21 Use roofing materials that are similar in appearance to those seen historically. .22 Landscaping and paving should have the following characteristics: Enhance the street scene Integrate the development with its setting Reflect the quality of the architectural materials 7.23 Landscaping should create a buffer between the street and sidewalk. 14.6 Exterior lights should be simple in character and similar in color and intensity to that used traditionally. o The design of a fixture should be simple in form and detail. Exterior lighting must be approved by the HPC. u All exterior light sources should have a low level of luminescence. Page 7 of 7 100 E. Main Street LIPC Minor and GMQS Review 000-1 00040 14/Lit- E Date: April 18, 2014 Project: 100 E Main City of Aspen Engineering Department HPC Comments These comments are not intended to be exclusive, but an initial response to the project packet submitted for the HPC. Drainage: General note: The design for the site must meet the Urban Runoff Management Plan Requirements. Staff was not able to determine whether or not the site will meet these requirements. A full review will be completed when adequate information is provided. A compliant drainage plan must be submitted with a building permit application. This includes detaining and providing water quality for the entire site. If the site chooses fee- in-lieu of detention (FIL), it can only be applied to existing impervious areas. All new impervious areas will need to discharge at historic rates. Staff was unable to determine whether or not the site is able to meet all the Drainage Principals: 1.Consider stormwater quality needs early in the design process. 2.Use the entire site when planning for stormwater quality treatment. 3.Avoid unnecessary impervious area. 4.Reduce runoff rates and volumes to more closely match natural conditions. 5.Integrate stormwater quality management and flood control. 6.Develop stormwater quality facilities that enhance the site, the community, and the environment. 7.Use a treatment train approach. 8.Design sustainable facilities that can be safely maintained. 9. Design and maintain facilities with public safety in mind. Sidewalk and Curb and Gutter: General note: All sidewalk, curb and gutter must meet the Engineering Standards as outlined in Title 21. A number of issues should be examined. This includes the following: 1. Parking: a. The head-in parking should revert to parallel parking. 2. Curb and Gutter: a. Curb and gutter along Main Street may require replacement. A site visit can be made prior to permit submittal to assess the condition of the curb and gutter. b. New , and gutter along Garmisch Street wi required and should tie into the downstream curb and gutter flow line. The existing inlet will need to be relocated. 3. Sidewalks: a. The sidewalk parallel to Garmisch Street will need to be extended to meet current code and shall be detached with a minimum width of 6 ft. b. The sidewalk parallel to Main St. does not appear to meet ADA standards. The sidewalk must meet current code and shall be detached with a minimum width of 8 ft. 4. Sidewalk Ramps: a. The ramps at the intersection of Garmisch and Main Streets will need to meet ADA standards if they do not so already. b. All ramps should be upgraded to meet current standards. By way of example, detectable warning pads should be added to the ramps. Construction Management - Engineering is concerned about the Construction Impacts of this site. The plan shall describe mitigation for: parking, staging/encroachments, and truck traffic. Note that the current code does not allow for any encroachments during the on-seasons (November 1 - April 15 and June 1 - Labor Day). Excavation Stabilization - Due to the proximity of the neighboring property and the excavation of the building the City will require an excavation stabilization plan prior to building permit submittal. Fee in Lieu -This project is considered a Major project and can opt to pay the Fee in Lieu for a portion of the detention requirements. Please refer to Section 2.12.140 of the Municipal Code. .~ : . 303?A j % -285*4 February 11, 2014 Amy Simon City of Aspen Community Development Department 130 S Galena Street, 3rd Floor Aspen, CO 81611 RE: Aspen Clinic Building Summary Letter Aspen, Colorado Parcel IDs: 2735-124-01-801 Common Area 2735-124-01-201 Unit 1 2735-124-01-202 Unit 2 2735-124-01-203 Unit 3 Dear Amy. Thank you for all of your time and knowledge regarding this property and the process required for it's development. The following information will address the Sections of the Land Use Application Manual and the Land Use Code as outlined in your letter from the pre-application conference summary dated 1.7.14. This property is located in the Mixed Use zone district and the Main Street Historic District. RELEVANT LAND USE CODE SECTIONS SECTION 26.304 - Application 1. Please see attached letter of authorization from 1.00 East Main Street, LLC, a Colorado limited liability corporation, granting Kim Raymond Architects, Inc authority to act on their behalf throughout this process. 2. Please see the attached Vicinity Map with a legal description and directions to the property. 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 3. Attached, please find the Disclosure of Ownership in the form of the Title Insurance conveying the property to 100 East Main Street, LLC. 4. See number 2 above. 5. Please see attached Site Plan depicting the proposed changes to the existing landscape. 6. Please see the site improvement survey of the property located at 100 E. Main. 7. Please see below, the description and summary of all requested information pertaining to the Land Use Code sections in regard to the proposed development. Additionally, please find a copy of the Pre-application Conference Summary sheet, attached at the end of this packet o f information. This application package includes all requested documents as outlined in the pre-application conference summary dated January 7, 2014. Section 26.412 - Commercial Design Review Section 26.412.020 - Applicability The fenestration on the existing structure will be modified on the second level and there will be a glass enclosure on the north west corner to allow for a new stair way to the upper level; which will require review. The footprint of the building will not change, thus there will be no adverse effect on the pedestrian traffic around the building. In fact, the existing planter will be rebuilt in stone and remain available for pedestrians or those waiting for public transportation. Section 26.412.030 - Review Authority Since this building is located in the Main Street Historic District, but is itself not a historic building; the HPC will review the project. Section 26.412.040 - Review Procedure If a conflict arises between Section 26.412 and 26.415, the regulations of Section 26.415 shall supersede. This application will include all the information, drawings and photographs as outlined in this section, along with the preliminary building materials. Section 26.412.050 - Review Criteria This development will meet the requirements and intent of the commercial design standards and the Lodging and Historic District Objectives and Guidelines. This includes providing mitigation for employee housing in the form of buying AHC credits. The Section 26.412.060 - Commercial Design Standards A. Public Amenity Space Pursuant to Section 26.575.030 B Applicability and Requirement, this project is exempt from providing Public Amenity because we are not changing the footprint of the existing building beyond adding required egress for the existing second level by way of an elevator on the east elevation. B. Utility, delivery and trash service provision The existing building has recycle bins at the back of the building in the alley. We propose to leave the recycle in this location, as it is in the alley and easy access for all tenants. The new development will provide screening o f the recycle area. Section 26.412.060 - Continued 802 E. Cooper Avenue, Suite 4 1 Aspen, Colorado 1 81611 1 970.925.2252 The existing utilities will remain where they are along the East side of the building. The trash service is currently shared with the building next door to the East, which is a large dumpster that is in the alley. A new trash service will be established, if required and the new trash receptacle will be on the alley, screened from the road, be bear proof and located next to the recycle. The delivery area for the building will be along the alley, which is accessible from every tenant space in the building. There are no commercial tenant spaces on the ground floor that exceed 1500 square feet so no internal vestibules are required. Mechanical ventilation will be through the roof, set back from view from the public right of way or through the existing brick chimney. Section 26.412.070 - Suggested Design Elements All signage will comply with the City's sign code and will be integrated with the building's architecture, providing public way-finding for all commercial spaces. Since there is no retail planned for this building, there will be no display windows facing the public right of way. The lighting on the exterior will comply with the City's Outdoor Lighting Code; there will be no 'up-lighting' or over lighting. Security and circulation lighting will be provided for pedestrian traffic. Section 26.415 - Historic Preservation Section 26.415.015 - Applicability This building is located in the Main Street Historic District, though the building itself is not designated as Historic. Section 26.415.060 - Effect of designation or inclusion within a historic district This project is requesting a minor development approval from the City, through the HPC review as it is located in a Historic District. Section 26.415.070 C - Certificate of appropriateness for a minor development 1. a) The proposed work will not increase the floor area by 250 square feet. The only addition of floor area is a conversion of existing roof to usable deck for the newly created second story residential unit. 1. b) The proposed work will alter the windows on the second floor on only the South facing fagade and will add an interior stair that will affect the corner o f the roof on the south west corner. Affecting just two elements qualifies this project to be a minor review. 1. c) This project is not adding or erecting awnings, canopies or fencing or any other features or accessories to the building that would preclude the issuance of a certificate o f no negative effect. 1. d) The proposed, minor alterations are to a non-historic building in the Main Street historic district. 1. e) There will be no erection of street furniture, signs or public art. 2. See Section 26.304.030 addressed above for a-d. 2. e) This building, though in the Mixed Use Zone district has been used entirely as a commercial building since it was constructed. The proposal to 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 change the use of a portion of the second level into residential will not change the foot print of the building and will make only minor changes to the street facing fa(fade. Most of the residential standards apply to new construction of a single family or multi-family residence. This project does follow the intent of the design standards for the Historic District and the mixed use zoning and the commercial design standards as outlined in Section 26.412.060. See above. Section 26.470.050 - General Requirements B. General Requirements 1. One free market residential unit is allowed when changing the use from commercial to residential without the requirement of GMQS. 2. This building, with the proposed changes, is compatible with the surrounding buildings in the neighborhood and the City of Aspen Master Plan. 3. The proposed changes to the building conform with the requirements and limitations of the zone district. The ratio of commercial to residential will be better. 4. Please see responses to Sections 26.412 and 26.415 in this letter. 5/6. The creation of the proposed free market residence requires the mitigation of 1.5 employees. 30% of 2000 sq. ft. of new net livable = 600 sci. ft. The calculation of 400 sq. ft. per employee requires 1.5 employees to be mitigated for by the creation of an employee unit on site or buying employee mitigation credits. This project has opted to purchase the equivalent of 1.5 Category 4 affordable housing credits from the local entity that has created them for sale for this purpose. 7, The project represents minimal demand on public infrastructure; in fact, the demand willlikely go down as commercial space that serves the public is being changed into one single family dwelling. Section 26.470.070 - Minor planning and Zoning Commission applications Our growth management application complies with the General Requirements of Section 26.470.50. See above 1. This is not a Historically Landmarked building. 2. Change in Use One free market residence is proposed to be created by changing the use of a portion of the existing comniercial space into one, new residential unit of 2000 square feet of net livable space. The existing commercial space has had a Certificate of Occupancy for over 2 years. By making this change of use to this existing building, we are bringing the ratio of commercial to residential units much closer to compliance with the requirements of the MU zone district; see Section 26.710.180 below. Section 26.515 Off- Street Parking Section 26.515.010 - General Provisions B/C. Redevelopment of existing development This project is reducing the existing commercial net-leasable area so no new parking will be required for the commercial portion of this building; the new residential unit will be required to have one space, which is located on the east side of the building. The existing non- conforming parking may be maintained during this re-development. Section 26.515.020 - Characteristics of offstreet parking A. Any parking spaces required for this development shall comply with the size (8.5' x 18') and slope requirements as outlined in this section. 802 E. Cooper Avenue, Suite 4 I Aspen, Colorado I 81611 I 970.925.2252 B. The existing head-in, off street parking is located to the west of the building, adjacent to the side street and is paved with asphalt. There are also two, existing parking spaces located on the west side of the building; located off the alley and are proposed to remain, Section 26.515.030 - Required number of off-street parking spaces The existing deficit of parking may be maintained as this property is redeveloped. Section 26.575.020 - Calculations and Measurements. Please see attached Floor Area Ratio Calculations as Exhibit D. These calculations were made in accordance with the regulations and rules of this section. A reduction of area was made for the access easement across the north side of the property. The Floor Area Ratio for this lot is 1:1. 7702 sq. ft. lot minus 1053 sq. ft. easement = 6649 sq. ft. and allowable FAR. The current measurements and calculations per this section have been addressed in the calculation of floor area for the building; including the subgrade space. The minor changes to the building comply with the definitions, requirements and limitations as outlined in this section. Section 26.710.180 - Mixed Use Zone District Please see the attached Survey as Exhibit E, for compliance with setbacks and existing encroachment of a chimney element and roof overhang into the access easement on the south side o f the property. Any changes or additions to the building will be in compliance with the setbacks. Please see Attached Floor Area Calculations as Exhibit D. In Summary, the proposed changes to this building comply with all requirements, limitations and restrictions as outlined in Title 26 of the Land Use Code, as described above. Thank you for your time and consideration of this matter. We look forward to working with the HPC again. Sincerely, Kim Raymond, Principal Kim Raymond Architects, Inc 802 E. Cooper Avenue, Suite 4 1 Aspen, Colorado 1 81611 1 970.925.2252 I ....'.& * 2 4#11/ 3 5/4 &04., , Â® 11, A. .ON,imw 44 4. 2 PE! 4 w Man St 2 Ul 0 0 = I \82 /2 6 + . Â£ 81} P'. I 1821 FR;,4,0.Ke Fa,K> <4 Ck. Fy (0 VICINITY MAP SCALE: 1:1.61 ber PIA 1. DIll:., Li~yal C}esciption 20,6857 273512401201 100 EAST MAIN) STREET LLC ~ 100 E MAIN SI A5PEN ,:,ubdivit,on. ASPEN CLINIC BUILDING UnÂ·' 1 :118&58 273512401202 Â· 100 EAST MAIN STREET LLC 100 E MAIN ST A5PEN ; L.cc,viÂ·.,cr, ADA't:NCI INIC BUIL-D.N6 Un., 2 D .-â€ž9 273512401203 100 EAST MAIN STREET LLC |100 E MAIN ST ASPEN Subdivision: ASPEN CLINIC BUILDING Un t 3 1 t. 0.5,4 273512401801 A 5PFN CLINIC B' m r)iN6 CONDO ASSOC 100 E MAIN ST ASPEN - BUILDING DESC COMMON AREA ~Subdivisi<g:35"3' C! 11'Â· - ONIU 11[ lkl JI NI IJ N:Idbll 5 - y .7 A, 0,9.L#t . 2| 1| 0| | ,0 '~~1.21&/3 r - - t. , m --1*i I ~1 .... 4.9.' 9 11 1 6 Wil ... .tl li~ 271/3.Â£4 = mi li . 5 .:- i. i R- R k-:94 1,7 - I - . 111 rit ~ .b / -1 1 11 - , i''J P 6 ; 4 . . t .,r .. flikil. I Ill Imild i.l lit u m 7/FihiM"441 . -1 .i- 1 1 1 .j 1 - 11Â¢4 - 1 li lli- 1 1 i~ .*11.1., E Mi .1.1 .--1.5.:, 'Ill . 0, -1 ...k., 1 . - -6 I ....,1, D 't i. M. 11-11 <---,3.: , 1 9 mLJ El] ~ . - , . .F- 1 11 11 6 -- 1 + --c ... ; h . 4 11 - . . 2 1,,kf, 4/. f. t. 7. I ..; 6-I ' l. 4 b. ... ... rAC,u,~ p" 111 11 1,0 7,T--- I,14'i . 1 1 . 18!Ii, - ' - I. 1. 11 ~1 11" a 1.... ~ -41- . el. I-..=FI'll/4.-- 1 . 47 f TO BE SCREENED FROM 20.39 R O 4 - STREET BY STEEL PLATE y 8 ALLA.YBLOCA- DISK 25947 IN CONC 1"=10 PAVED DRIVE 0 10 20 66 W RECORD (VACATED. SEE BOOK 194 AT PAGE 7) U S SURVEY FOOT USED 0 8 750 09'11Â·E 70.02 15Â· INGRESSAND EGRESS EASEMENT BOOK 202. PAGE 429 AND EASEMENT AGREEMENT - ALL DESIGNS IDEAS ARRANGEMENTS RECEPTION NO 395469 . REBAR IN PAVEMENT AND PLANS INDICATED eY THESE . AND~ U .* [Â»IA~NOS AND S~CFICATIONS ARE ONC - - NEITHER BE USED C>k ANY OTHER RAYMOND ARC-ECTS INC AND SHALL Ali ORA VMTHBLACKPEBI 11/4 k - - PERSON FC~ ANÂ¥ USE WHATSOEVER - IrrMOUT WRITTEN PERMISSION 420 XISTING ELECTRIC WRITTEN DIMENSIONS SHALL TAKE R - METER TO BE RELOCATED PRECEDENCE OVER SCALED ENT E 6,4 - - AROUND CORNER TO THE .TE ANY OIWENSIONAL g - ALLOW FOR NEW STAIRS *WEDCâ€¢4 CVCE PRIOR TOCOUUENCE),ENT OF WORK & 20 b RECYCLING CONTAINERS 36 RAME (MATCH SIGNAGE FRAMES / Es NEW PROTECTEXIST,IG TREES / + 34* EXISTING GAS LINE / / - METER TO REMAIN IN SAME LOCATION 8 5Â· X 18PA 0 , PARKING SPACE TO 7 - REMAIN 1 1 -4 - 3 2/ f #f f 1 0 1 MOT=G 2 TWO STORY BUILDING O TREES WITH BASEMENT 4,2 0 / / CERTIFIC / THE UNDE NEW CONCRETE PAVERS DURING 14/74/// 0 BLACK PEBBLE ENCROAC WALK TO NEW ELEVATOR SHOWN 7 EXCEPT; y AND DOC] # IS VOID U N DATED P VE AT 2 JOHN M F 1 j. 225 e / 0. m / 0* .....SAND...8EVERIFIEDAT rHE AmENTION W THE ARCHITECT l,U D N 75'09'11Â·W 200 06 h / 52 0 - TREES PROPERTY __yulzv 70.02 L CONC. WALK/RAMP CONC WALR %. INE .0 - / SCHEMATIC DESIGN 2/10/14 EXTEND PLAN R. ST --- ~ EXISTING N SCAPING RED -- ___ ~ ~-- --0,00â‚¬41.MNI __ i AS NEE D FTER CONSTRUCTION BETWEE BU DINGS TO BE ROM EXISTIN MAINTAI D R REVEGETATED BREK 25947 7141Â·Â£ ~ PAVERS * GARGE;ASSES~ - ~ - --- . 0 Na . Â»Ng PRINTEDON 4014 IF THE ABOVE DIMENSIOh DOES NOT MEASURE ONE INCH (1 }EXACTLY THIS EXISTING PLANTERS TO DRAWING WILL HAVE BEEL CONC 1/VALA D - BE REPAIRED OR REBUILT WITH AFFECTING ALL LABELEC ENLARGED OR REDUCEr BOARD FORM CONCRETE SCALES ANDSTEELPANELS 25 BACK OF CUR8 N 75Â°09Â·11"W 270 08 +&16'T;VAIAÂ· sTRIN:Â·7 CITY MONUMENT SW CORNER BLOCK 66 HORIZONTAL CONTROL 100 00' RECORD S-01 .. 1(:11 STRI 100' ROW RECORD C.'71 R A/4 1 <ISTING PAVED PAR O BE MAINTAINED EDGE OF PAVED STREET *NG 2% 4 14'50'49-E 0 13aOIAI3hl SNIall 8 OINI10 N3dSV 133hllS NIVIN SÂ¥3 00 L 00 'NBd~V NÂ¥ld 31IS O SURVEY MONUMENT AS DESCRIBED LEGEND AND NOTES m STORM DRAIN ~ STREET LIGHT 1 %* 1 A SURVEY CONTROL- A-- / \ 0-+-0 PENCE 8 CITY OF ASPEN GPS MONJMENT DISK 25947 IN CMC Â® â€¢I-ER VALIE -10 + I 7894 6 VARy *Lock~66 eosTED ADDRESS - 100 DR i VE / iACATrD ROW ECORD 2 BOOK A O JO 20 j 1 ---- BEARINGS BASED ON FOUND CITY MONUMENTS FOR 7895 0_ (/ i ~46/7 /1/6 A THE NORTHWEST,NO NORTHEAST CORNERS 00 c 5 SURLEV FOOT USED ,All-- - 7 81 00 K 66 (N 75'09 : I -/ 270.08 1 ONE FOOT CONTOURS / M // irat\- 10.02 ~ ~ c I REE HYDRANT 5 .NORESS EGRES. 40 / MANHOLE EISEME T 20 K 202 ~~EF64<~EIN~ AGREEM;~7Â£ 429 SNOW ON GROUND IT TIME OF SURVEV 2/14 395469 \7895 3 REBAR IN MEMENT -OÂ¥ RMANG TI'LE NFORMATION FURNISHED Bv f *Â© T---cÂ»Â»Â» - - LAND TITLE GUARANTEE COMPANY 1 /1 UNIT I SILL T -- -U -- - ~ --- ORDER No ABB62005197 7895 5 420--. X ~NNK \-_ EFFECTIVE D/TE ADRIL 1. 20I3 77 ' UNIT 2 AND 3 / // 7895 4 ORDER NO, AB862005198 â€¢c f/f Â£ 94 4 / LAND T I TLE GUARANTEE COMPANY VICINITY MAP w / Ep':ECT I vE D/TE Mi L 1 2013 23 /1 / BUILDING AND ROOF - / ~ ~ ~ ZONING MU (MIXED JSE} fle I S-ANFED TEXT DENOTES BUILD INS TIE , < 1 EXTEND INTO Eâ€¢SEMEAT SETBACKS. =RONT - O 'IczÂ© 26 *Tiff(--0,-~ 3-7 e = / REAR - 5 |11 2 | SIDE - 5 1 03\Jf E 1 j 414 'f JT LITIES 1 WATER IS Â·N MIN STREET AND GARM SCH STREE EECTRIC N GARMISCH STREE- 1 A-L OTHER UTILITIES ARE IN ALLEV j - 1 â„¢SURNES RITE MIP PREPIED RY PE M I . coR PITK.h couN'Y , 231 2 L ~/9/ 6/Â«f/ 7 THIS PROPERTY IS SITUATED N ZONE -X- :AREAS DETERMINED A--dIL TO BE OJTSIDE 500-YEAR F_DOD PiA N) AS SHOWN ON FLOOD 1/1 1 / /2 7 COLORADO, COMMUNITY-PANE_ NUMBER 08097C0203 C, EFFECTIVE DATE JUNE 4, 1987 // 3 22 -' / / -0 ,~/ / THIS PROPERTY L'ES ENTIRELV INSIDE OR TIE CITY OF ASPEN . t.3 i % j ju ?KÂ©fED PARKING r /7 I *IM. %# " li h / 1 M/DFLOW HAZARD AREA AS DEFINED By THE CITY OF ASPEN MAS-ER DRAiNAGE PLAN, PROJECT NUMBER l 963 F,GLRE ES-,5 LO/ER , / 6% O - DEC I DUOUS TREE IN INCHIES. DR PLINE INFEEI 7&56 7 1-/ 61 .- LEVEL ./ / 6-11./0 - 1 1 U lei Illa TWO* 5*R~ff#'62~1 NG f - CONIFER TREE IN INCHES CRIPL,NE IN FEE- 1 74= 1 Q... 1 1 1 11 15 UL ; 0 1, r-79=-73- -% lf,1-9-1/ l/4- $ -11 1 /17 f i /9~4.4 fl / .PrÂ«. ' ~Â«z:Â«tj~ 99 144 / / 0 / 0 Â£%15<67â‚¬ 437.3 / 64-/ 7Â« h, U~' / SILL + / THE UNDERLIG'1!ED S-ATES TI,AT THE DROPERTÂ¥ DESCR I BED HEREON WIS F ELD SURVEYED -2 ....UNS ... / CERTIFICATION C ENTRY OLING r EG LE AND 16 ACCURATE BASED ON THE P ELD EV DENCE AS ~,0,0' 7% 4 , ~ . ! 1 4.-I SHOWN, AND 'HIT THERE ARE NO DI SCREPANCIES E RECORD BOUNIDARY L IAE CONF IC'S, 0, 1 2 % ENCROACHMEN'S. EASEMENTS OR RIGHTS OF WAY IN FIELD EVIDENCE OR KNOWN -O ME 11 gr EXCEPP AS HEREON SHOWN UNDERGROUND UTIL1TIES W'TH NO ABOVEGROUND APPURTENANCES, 6 v / AND DOCUMENTS OF RECORD' NOT SUPPL IED T~ THE SURVEYOR ARE EXCEPTED. THÂ· S SURVEY 21 J /> 3 2 ~ itiowRE IS LESS THAN 1/,5.000 4 VOID UNLESS WE STAMPED WITH THE SEAL OF Tâ€¢(E SURVEYOR BELOW ERROR OF 7895 4 1 ~ Jol,N h HOWORTH, ''1 5 25947 L J 1 ' tr~ 1 ---4-2=><27 %- U p.,NIE. 1 --:I. 44â‚¬Jift~-2.--- . . 5 2,0 i 1 loNi 4 - L f' ---, #~1 ~~'~~Â«-2130"Ne~~~~~*' ~~~~~~kill>- ~ R 'h:11-0 D -- / r - - / 24,24'0 ~ Â·UEE - - - 17 D: 1 / f / OWE~HANG \ , 1 L .*94 5. / l 'DL / /441' 24Â·I ~ 9 1/ / r 8 DL f. 6. 1 / ,O Dt CO'(C ~47- - 44 - 5 i 1 2/ 14 7893 9 ---~-4-~-- ~ ' .. -===U,~ . 09 4.11, -210'0q-20006 4 Jif-.UU?59,1. -7 A Â® 4 2 $ /0 2 - --- ~893 -----8*31-- --* CI T' MONJMENT SW CORNER BLOCK 00 . 4Â«I-- 66 HORIZONTAL CONTROL 00 .Â¢. N STREET BECORD TOPOGRAPHIC IMPROVEMENT SURVEY om UNI- 1, MPEN CLINIC BUILDING CONDOMINIUM, ACCORDJNG TO THE CONDOMIN UM IP RECORDED APRIL 16, 2002 UNDER RECEPTION NO 406266 AND AS DE@'NED AND DESCRIBED IN THE CONDOMINIUM DEC-ARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO 466267 Cl-Y O' ASPEN ~ 0Â¤ CITY OF ASPEN --- UN/S 2 AND 3, GPS MONUMENT ~ -~ GPS MONUMENT ASPEN CLINIC BUILDING CONDOMINIUM ACCORDING TO THE NO 6 EL 7893 6 403 CONDOMINIUM MIIP RECORDEC APRIL 16. 2002 14 PLAT BOOK 60 / PAGE 48 (NAVO 8$ UNDER RECEPTION NO 466266 AND AS DEFINED AND DESCR]BED IN THE CONDOMINIUM DECLAR,VION RECORDED APRIL 1 2002 UNDER RECEPT ON NO 466267 O/ ANID TOWNSITE OF ASPEN COUNTY OF PITKIN STA-E OF COLORADO JACA -- CONaINING O ,/7 ~CRES MORE OR LESS PREPARED BY ASPEN SURVEY ENG NEERS. INC 2,0 SOUTH lf_ENA STREET ASPEN CO_CRADO 816 NOT CE ~CCORO NG TO COLORADO LI YOU MUS+ COMMENCE ANY ~EGAL ACT 0. BASED .PON 0. DECECT 0/ THIS PLâ€¢T WIT/4. --EE YEAAS AFTER 'Ou FIRST D].CovER sus' DEFEIT IN .0 EVENT H.'I .:v ./T]ON PHONE/'AX (970) 925-38 6 MR *AN M?FIR ?pâ€ž~Hl~Ryi.:-C~f RM'%Mi=A*TEN DATE 2131~D CER-1.,CAT . 5 VOIC F NOT WET STAMPED WITH TIE SEAL OF THE 25 Z SJRvEYOR *Il K -1-- 1 .34 xe.. &. /Â¥ Go. I.08,0DgO 1#92 NEFY MATER LINE - PROPOSED ELEVATOR OVERHEAD =x EXISTING DOOR LOCATION -- 0-4- 1 -(.24-(.w-(:w-(/w-(:w- )%- ew-ew-CW-CW- -EXTERIOR BTAIR \ 3 1 COMMERCIAL | AND PLANS INDICATED B, THESE All DESIGNS IDEAS ARRANGEMENTS STORAeE RAYIONDARCHITECTS INC A./ SHALL DRA~NGS AND SPECIFICATIONS ARE THE PROPERTY AND COPYRIGMT OF Kil NEITHER BE USED ON ANY OTHER WORK NOR 86 USED BY ANY OTHER PERSON FOR ANY USE W+LATSOEVER L WRITTEN DIMENSIONS SHALL TAKE WITHOUT WRITTEN PERMISSION DIMENS'NIANI SHALL.E VERIFIED.7 T ME SITE ANY DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO THE ATTENTION OF THE ARCHITECT 2.iOR [Cr OMUENEEMENTO.WORK COMMERCIAL 1 STORAGE I -1 LLI 1 0 0 LU 1 1 1 NON- <E~,H | ~ Z 1 1 -1 D L) 1 CO y ' CD 1 1 - 1 1 Z 1 1 - -1 1 1 0 ' 1 Z COMMERCIAL STORAeE ' 1-LI 1 0- SCHEMATIC DESIGN 31014 2 ------------------ ----------------------------------------2 PRINTED ON 4014 IF -HE ABOVE DIMENS,011 DOES NOt MEASURE ONE INCH (1') EXACTLY THIS PROPOSED NEFY DOOR DRAWING WILL HAVE BE.4 ENLARGED OR REDUCED AFFECTING ALL LABELE[ SCALES 1 LOWER LEVEL PLAN 1/4' = 1'-0 A-01 .O~. 133hllS VIN 19Â¥3 00 L Ph 7 0~ NBdsv NÂ¥ld 13A31 hl3MO1 00 0 0 8. <C 1 0. ~ 8Â·-6 1 M Â· 4" i, ~ 8-6 1/4 10". , 9-1 1/2" 9'-2 4.1, 7-9" 4 7-9' 4" g, 25Â·-8 10", - '01.1 U lilli lilli - --- g=--- -6" 'f 4.- .. '- , T C I ' 1 1 | 2NON-UNIT --Â·- 0 !2~NON-UNIT EXTERIOR STAIR \ 12.N' I ' 1 '1'f' ELEVATOR =' 421 E / ~ 7- -- T 1 -T~i -1 1] In A - & LAA,=:' 1=-1'F Fsmr 6 -~=E El 1.-1==~ 0 SURGERY DOCTORS OFFICE :~ H DESIGNS IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE , DRAWINGS AND SPECEFICATIC IS ARE EXIS-Ne EXAM ROOM RALLE AND POORSTO REMAN THE PROPERTY AND COPUMGWT OF KIM l RAYMOND)ARCHITECTS INC AND SHALL NEITHER BE USED ON ANY OTHER WORK NOR BE USED ./ANY OTHER PERSON FOR ANY USE WHATSOEVER I = PRECEDENCE OVER SCALED WRITTEN DIMENSIONS SHALL TAKE DIMENSIONS AND SHALL SE VERIFIED AT ] DISCREPANCY SHALL BE BROUGHT TO 1,- 01, THE SITE ANY DIMENS'ONAL THE ATTENTION OF THE ARCHITECT FÂ·mol locoM....EMEN- IF woR' STORAeE / PREP ' -3 I. .- RECEPTION 108 MEDICAL EXAM 2 1 OFFICE 1 9 1 .. 3 1 3 -7 EXAM1 MEDICAL EXAM 3 OFFICE 2 \ MEN ) - 7 4 - FNOMEN) 4 21 Â© 85 1 1 1 MEDICAL - <TAIR :HCAN â€¢T LFPER u:vo OFFICE 3 ' NON-rUNIT - MAITINCS / TENANTS 9 EXISTING EXAM ROOM 'IALLS AND DOORS TO REHAIN LOBBY 0 =% If;~~ SCHEMATIC DESIGN 310/16 NOTE 100 SF AIRLOC~K EXEMPTION | E- Ji__~~ IF--1. )-9=*11. 1--1 " -, 1 1- - T 1 1 EXISTING RAMP__1 TOREMAIN DR,TED ON 402/14 17'-4 1/2" 101,/ 9-11/7 4~ 9-2- 4%, 9-2 4". j 9-0 10", . 4'-2" 10' , : 8'-6 9'-4 IF THE A.OVE DIMENS,01 DOES NOT MEASURE ONE ~ EXEMPT PATIO ~ INCH (1') EXACTLY THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED AFFECTING ALL LABELE[ AT GRADE SCALES A-02 4-8" 12-4" 52'-8" 13aOIAI3hl SNIallne OINI10 N3dSV 133hI1S IN 19Â¥3 00 L Â°1 7'dsÂ¥ NÂ¥ld 13A31 NIVIN . 0 0 0 NON-UNIT ELEVATOR 19-6 3/4 31/2-., 4-81/4- 51/2"., 12'-7 3/4 51/2", 7-0 5 12 15-11/21 , E OUT BACÂ·K EXTERIOR LAN[Â»6 ROOF O NEE OVERHANe . ELEVATOR -*-91 1 ,F-=-1 ~~:-iiiÂ£-El~' 0--0 ALL DESIGNS IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE - DRAWINGS AND SPEC!FICATIONS ARE THE PROPERTY ANDCOPYRIGHT OF KIM RAYION'ARCHITECTS IN' AND S'ALL Ill NEITHER BE USED OliNÂ¥ OTHER PERSON FOR ANY USE WHATSOE,rER FIREPLACE ~ BATH 1 CLOS. 1 BEDROOM 1 WRITTEN DIMENS~ONS SHALL TAKE IN Exie- NG CHASE TRENCHORAIN 4 1 | PRECEDENCE OVER SCALED DIMENSIONSAND) SHALLeE VERIFIEDAT OFFICE 1 P Fal Iryll ANV DIMENSIONAL DISCREPANCY SHALL BE BROUGHT TO -r -- PRIOATOCOMMENCEMENTOEWORK 1 - -5 -1-4~11--17 -7~ 2 *OMMON ' HALL ---1 - -3 - -74// 0 PRESSER LIZE, LINEN . ./0 1 -'14] SHARM 1 l._3~ 1 I fi~ 33 / 71~ PANTRÂ¥ 11 1 ~- ASKO./.IN 11 FFF CABINET MAGâ€¢4!NEE 1 N J 11 IINE i, ~ '1 MONT'60 ~ 6 20 N GAS POAER-VENTED A..PLIANCE (-3 (--3 (3 EMAAER~~ET fESIDENTIAL MECH 3 1-- 1 TRENCH PRA'N liall ! I p 13 1 - 1Â®'EGE 11 11 - - uou----9-----I--Fl : ED *-- 1 1 11 - -Â·-- BATH 2 1 1 ~ 17 VAOF.R~_ 1 CO"Eli CLOS. A/V? ~ 11 - Â«Â«Â«--2 41 1 4 [ 1/ 0 1. < 0 STO.*SiE 0 OFFICE 2 BEDROOM 2 6/ - 11| FREE- SCHEMATIC DESIGN 310/14 _0 MARKET PC)nDER ENTRY BUFFET _4_f1~~6 PRINTED ON 4,014 b.--4 1--4 le==4 J,-i-m 1---1, 11 1 F TIE A.OVE DIMEN.101, I DOES NOT MEASURE ONE INCH 03 EXACTLY THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED AFFECTING ALL LABELED SCALES 3 0 0 0 1 UPPER LEVEL PLAN 1/4" = 1-0 A-03 1300I/\Elhl ONIallnEI OINI10 N3dSV 133hllS NIVIAI 19Â¥3 00 L 00 'N3dSV NÂ¥16 13A31 bl3ddn EXISTING BRICK CHIMNEY/MECH - . NEM STAIR AND U ELEVATOR - 4.AGI . NEJAI STEEL - PANELS UNDER NER STEEL AND 1 EXISTINe w eLASS RAIL - ~INDOMS C 0 AND ELEVATOR - . MMililillil, .:lillil:::::: - EXISTING BRICK E SURROUND . ~ . -1 FACADE 4 .â‚¬ - A 3*12 1.-'-'--. ~DEAS ARRANGEMENTS EXISTINe LOMER - Â· - --"S INDIC ED 8Â¥ THESE RECONFIGURE Â· DRA-NGS AND SPECIFICATIONS ARE THE PROPERT'YAN'COPYRIGHT OF'rl - RAYMOND ARCHITECTS INC AND)SHALL NEITHER BE USED ON ANY OTHER V.ORK NOR BE USED BY ANÂ¥ OTHER LEVEL STAR ,- WITHOUT WRITTEN PER'ISSION PERSON FOR ANY USE WHATSOEVER . WRITTEN DIMENSIONS S~ALL TAKE PRECEDENCE OVER SCALED IMENSIONSANDS#..8E VERIFIEDAT THE SITE ANY DIMENSIONA' -- L PRIOR mENCEWENT OF WORK T,IE ATTENTION OF THE ARCHITECT NORTH ELEVATION SCALE 1 '4 = 1-0 J LU 0 LU 0= A , r. LU U LU Z CE NER STEEL PORMER ROOF - EXISTING D -Z NER STEEL BRICK FACADE Do < CLADDING ~ - NER PENTHOUSE NER STAIR AND ENTRY FEATURE --- ELEVATOR NEK STEEL AND 1-/Sil-: -~~4 ~. GLASS RAIL -~ ~Â«.../....t ...Â£ 7............. - I il-â‚¬- - -*--- 1///T~7,al.1/.- - ~62Â¢1/.....M/...Â£1- NER STEEL %22%.M= - PANELS AT it Â£ --I == ---P~F-- EXISTING FYINDORS TRIM BACK ROOF - TO ALLOR STAIR -i- CLEARANCE - - - 8... b. I . .. _ 1~ vis 1/__- - - \ 4,44 11 . - r\ \ EXISTING RAMP - . DOES NOT *Â»URE PA~NG WILL HAVE Â· ),T, EXACTiÂ¥ ENLARGED OR RECIL IFFECTING A. LARE 74.5 1 Â· ALES / i.lili T r EAST ELEVAI ION SCALE 1/4 10 A-21 03 'N3dSV I IN 19Â¥3 00 L OINI-10 N3dSV SNOI1Â¥A313 19Â¥3 ONV H.LMON NER STEEL NER PENTHOUSE - DORMER ROOF ,/ri. AND SLASS - RAIL EXISTING U 89\0# FAO,vE VIIIP~IAfE NEK PENTHOUSE *~ ENTRY FEATURE --- NER STEEL / CLADDING - 11 -6,-- - h lili lili 111[==11 86 Ptl E -P -- . 11 -=DI 11 1.1 . lili --1 L. 211 IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE M-NGS AND SPECIFICATIONS ARE -1 1 1 1 - THE PROPERTYAND COPYRIGHT OF KIM RAYMONOARCHITECTS IN' AND S*Lt NEITHER BE USED O. AN' OTHER AORK NOR eE USED BY ANY OTHER PERSON FOR ANÂ¥ USE WMATSOEVER WRI'r-TEN DIMENSIONS SHALL TAKE EXISTING RAMP - .'MENSIONSAND SHA. BE VERIFIEDAT THE SITE ANY DIUENSIONAL -- -i--%- DiSCREPANCÂ¥ SHAU BE eROUGHT TO TME ATTENTION OF THE ARCHiTECI PRIOA TOCOMMENCEMENT OP WORK L- EXISTING BRICK FACADE NEA STEEL PANELS g NER PENTHOUSE ENTRY BELOR EXISTING 1 MINDORS NEK STEEL CLADDING 1 , . 4/MA ~ jij ~ red#/ht -- ...".Â· 1Â·' ..' I.' 1-~ 1 ~i~ 1 - -,mts,eâ‚¬ 9...... 1 .... // NEK CLINIC ENTRY p RAMP , ~,E s r JOT 1,~LASURE Ir Al.Ov: ['lilli. CH "'. EXACÂ·lly FAÂ¥,iNG *11 L HAVE /Â· Â· 1!LARGE[' OR RED. 1 FrECTING Ali , .. 11 1 1(.) i SCALE 14 A-22 13DOIAI3hl SNIallnB OINI10 N3dSV 133hI1S NIVIN 19Â¥3 00 L 00 'N3dSV SNOI1VA313 193M aNV HlnOS LOT SIZE 7702 SF MINUS 1053 SF EASEMENT= EXISTING FAR SUMMARY: - 6649 SF USE OF BUILDING BY 96 - LOFNER LEVEL CALCULATIONS: 7 q q of U TOTAL COMMERCIAL+RESIDENTIAL w ALLOWABLE FAR = 1.1 ratio . 10 MALLS EXPOSED UNIT AREA eqq= SF @ MAIN ST. HISTORIC DISTRICT BOSF FAR Â® NON-UNIT ~ ~ 6,649 SF MAIN LEVEL ELEVATOR . 19'-6 3/4" 31/2Â·Â· @,4Â·-81/4'Â· i..51/2Â·' 12'-7 3/4Â·' 51/2" â€ž 7'-0Â·' 514 .< 15-1 1/2- t TOTAL COMMERCIAL 4776 SF/ 7479 TOTAL EXISTING FAR TO REMAIN 408 9 SF LEASABLE COMM. ' , 1[ 1 A - - EXTERIOf LANDING Nen T TOTAL COMM+RES 6 9 3 7 SF 7 q SF STAIR -11 1 90 fq ft*Eceqpq f C 4163 5F FAR .ill/ .i.... COMMERCIAL NON-UNIT ALLOCATION o 8 Maumum height FACTOR O.68 E a. Cominercial. Ic,dtic Ilnashare J.odgeÂ·. 1:mmpt l'imesharing. Allilti- .AS -11-7 , /,lum/.tÂ· und Alix-c,/4/, c Hm/dings: 214 feet. â€žhich mai be increased to 32 UPPER LEVEL FIREPLACE IN EXISTING 4 I~eet through Commercial Design Re, m See Chapter 26 412 323 1 SF LEASABLE COMM - "ASE TRENCH,~RAIPATH 1 CLO*. BEDROOM 1 LF /- jMM OFFICE 1 =-1- TOTAL RESIDENTIAL 22166F/ 1 1 Floor Area Ratiâ€ž (FAR) 3231 SF FAR -i r 1 -11=mER . a The follon ing FAR schedule applies to uses M 431 sq ft _-2 cumulati, el, up to a total mavmum FAR of 2 1 n SEARED INEF ll - Â·- ~ TOTAL COMM+RES eq87 SF RESIDENTIAL NON-UNIT ALLOCATION 1414 TOTAL EXISTING FAR TO REMAIN 43 7,1,1.11Â· 1 l'*216.60,~lNEE=~ ,â‚¬TMER BE USED oN INÂ¥ C>~i~ER t'ommenÂ·mi judge. mic,harc hidge. exci,]pi Im:Jiaring. art.~. c.lmral FACTOR O.32 and c}Vic 11~c.k jmhb, incs: re.,wmlid l,Nes. academic i~e, 15 1. ALL DESIGNS IDEAS ARRANGEMENTS AND PLANS INDICATED BY THESE u hich ma> be increased to ]Â·] b> special re, ie,#. pursuant to Subsection OR=NGS AND SPECIFICATIONS ARE 4-1 8*CLE MARKET APPLIANCE THEPROPER. AN. COPYRIGHTOF'IM 26 430 t)44) A RAYMOND ARCHITECTS INC ANC)S~Â·tALL MEOH ESIDENTIAL ~ORK NOR BE USED eY ANÂ¥ OTHER PERSON FeR ANY uSE WHATSOEVER WITHOUÂ¥ WRITTEN PERMISSION 3 ) 1, ire-markc/. mul/1-/am,h' housmi: (1 5 1. u huch ma~ be Increased #1TTEN Di~ENSIONS SMALL TAKE IUE 42302 sq #_ n Ievfullilifill, NON-UNIT ALLOCATION PRECEDENCE OVER SCA~ED DIMENS,ONSANO SH*LlaE VERIFIED AT 10 0 75 I ifaffordable housing noor area equal to 10 Â°â€ž of the free- L-1 THE SITE ANY DIMENSIONA' BATH ~~b/6 ft CALCULATIONS: DISCREFANCY SHALL BE SROUG,fr TO market residential floor area is de, eloped on the same parcel -ID =...~i-=,FFEE'-1 ITHE ATTENTION OF THE ARCHITECT PRIOR TOCOMMENCEMENTOFWORK - ... Cp~Â»~1 Rl /111 r CLOS,"A/V? C- AIRLOCK EXEMFTION) TOTAL NON-UNIT 4 q 1 SF 12 Mavmum multi- famili res, dential dnelling u,)11 wie (square feet) 2.otHi 559 sq ft =U Wka/0,0==~ square feet of net Inable area a The properti ouner ma,increase ind-dual mult,-famil> unit swe b) atinguishing historic trans ferable de, elopment right certificates ("certificate *liles C- COMMERCIAL NON-UNIT or 'certificates"). subJect to the follouing UPPER LEVEL SUMMARY ~ 19/*ASE C - 1) The transfer ratio is 500 square reet of net Inable area for each certificate ~L-_3 ALLOCATION OFFICE 2 BEDROOM 2 -Ell FREE- 491 XO.63=3349F that is purchased 1MARK 109 sq ft 2) The additional square footage accned ma> be applied to multiple units Houe, er. the maximum indâ€ž idual unit s,/e allainable bi transferring OFFICE 1 431 SF FOYVIVER ' ENTRY de, elopmeni nghts is 2.51)Ilsquare feet o f net In able area fi e . no more than OFFICE 2 559 SF RESIDENTIAL NON-UNIT ALLOCATION 5{1() additional square feet ma, be applied per unit) 5Jc#E- 491 XO.32=157SF 3)1-his incenti,eapplies onli to ind-dual unit swe Transferring / ,-' ,-' ,-+ - ,-d -110 - de, elopment rights does not allon an increase in the FAR of the lot COMMERCIAL 99097 - t'omment,ir.u RelciÂ· m ('hap,er 26.533 kir die jinicedire, Rir exingm.ding cernh,kilci TOTAL FLOOR AREA I 3 Commercial/resident,al ratio The total free-market residential net inable PENTHOUSE 2101 SF 1478 SF area shall be nogreater than 150Â°1, the lolai lloor area associated i illi the uses PENTHOUSE STAIR 104 SF 00 00 described in Subparagraph 26 710 1 80 D 11 a l l ocated on the same parcel FAR- UPPER LEVEL PROPOSED RESIDENTIAL 2216 SF SCALE 1 8 1 0' NEFY MATER LINE - PENTHOUSE DECK 283 SF PROPOSED ELEVATOR_ ~1 (9 (0 FAR SUMMARY-PROPOSED ~Â© OVERHEAD ~h \1 (3) NON-UNIT HALL 125 SF EXISTING POOR LOCATION - ./ I EXT. DECK/STAIR (NON-UNIT) : 80Â·-8- , 10",, 9-11/2- 4 8 9'-2Â·' 4- , 7-9' 4Â·'~, 7-9Â· 4- . 25Â·-8 ioÂ·~2, TOTAL COMMERCIAL 4 716 SF 4 q O SF - _ --I,78 10"C/---8~6~ 1/4 141[1112 EXTERIOR STAIR- 1 1 lili l i lli I.- + NON-UNIT ALLOCATION 334 SF I-Rf{,19 4 T Tr4 -L ___ _ ELEVATOR 22 SF - --I r---/ --- 1 r-- ,-' - -Â· ~ COMMERCIAL FAR 511OSF '-I'lln #2 21Sq It /\ 6 COMMERGIA- TOTAL RESIDENTIAL 2211 SF STORAGE T + NON-UNIT ALLOCATION 1 51 SF 1 MAIN LEVEL SUMMARY - a 136 sq ft - 1 1 N MED OFC 1 12579F fj- J \1 6 RESIDENTIAL FAR 2373 SF COMMERCIA_ MED OFC 2 1104 SF - c- STORAGE 6 MEDICAL I MED OFC 3 13 70 SF v 127 sq ft *==ur , OFFICE 1 TOTAL FLOOR AREA \ COMMERCIAL 37 30 SF L \ 1,257 sq ft 1478 SF 2 - I I I ./ I :. ZVAOT.1 NON-UNI- NON-UNIT LOBBY 3 9 5 SF 4 4 9 ' .147*<IiI HALL - 100 SF EXEMPT AIRLOCK : f --7 MEDICAL j a ~*7152 sq ft _ 29 8 ST OFFICE 2 - 85.41FF- "r -- EXT STAIR (NON-UNIT) 52 SF 1,104 sqft ELEVATOR 22 SF L/ -U 7 ' - LOAER LEVEL BUMMARY - * 5-L 2-L- i ' HEDIC/Â·.1-1 // -~ N<14-tt~11~502 ~ _ 32 OES I.01 ME AqURE COMMERCIAL RAV040, WILL HAVE E liCH (1") EXACT~' STORASE OFFICE 3 El,LARGED OR REDUr â€¢ CFECTiNG ALI . B. 298 sq ft NON-UNIT MESH+HALL 23 1 *F - 1,370 491* EXEMPT DECKS: -ALES LOBBY --1 el (x 0.10- MALLS EXPOSED) =24 E>F " 398 sq ft *=. COMMERCIALS-TORAaE 9 6 ISP b9 sq ft AIRROCK EXEMÂ°TION NOTE 100 EF 1 TOTAL PROPOSED DECKS 4 MALLS EXPOSED) = 56 SF Â»t=7.-===c=+3 1 EXTERIOR STAIRS/El_EV 502 SF ExT STAit <'NON-UNIT) 53 EF 2 ALLOPNABLE FAR = 6649 SF (x O. 10- nALLS EXPOSED) = 5 SF 10Â·Â· ., 17Â·4 12 10"., IngosED NEFY DOOR -ti) 9'-11/2.1 4",~, 9-2" 4"., 92 4" , 9Â·-0Â·Â· 10'Â·],~ 4'-2" ,,10' 8'-= .EW . I'-4Â· . 1596 OF ALLORABLE FAR= q q -1 SF EXEMPT PATIO ~ - THEREFORE DECKS ARE EXEMPT O.10 MALLS EXPOSED = 50 SF C At GRADE (<~ Â® FAR- LOWER LEVEL PLAN FAR- MAIN LEVEL PROPOSED FAR-1 SCALE 1 18 1Â·0' SCR E 1,Â·8 = 1 0 13aOI/\I3hI SNIalln8 OINI10 N3dSV 133hllS NIVI/\I 19Â¥3 OOL 00'N3dSV 0390dOhld -hlÂ¥=1 - ./6. 7/ t... ./. Â»-- 0 0 11 r r--5 e C U al 374 sqft ,-9 lie] 6 1 . 0\ NON-UNIT ~ ~ - Â¤ +IALL ANS -. 11 i. C 11 \L 5.7,4 1.16-/ E 111 7--113'qft~ =in.Â·.li~'" 11- J Â·970 sq ft -0 IL -SONS IDEAS ARRANGEMENTS 510 sqft D /1-1-1 : TOTAL NET LEASABLE AND PLANS IND)~CATED BY THESE COMMERCIAL 3509â€¢884+450- ~~MOND ARCH~TECTS INC AND SMALL NEITHER BE USED ON AN' DTHER 4813 SF. PERSON Fe]R ANY USE mTSOEVER *lpt 7- TOTAL NET LIVABLE WRITTEN DIMENSIONS SHA. TAKE PRECEDENCE OVER SCALED I O LES / - 21 sq ft 4- -~-~-- --0 RESIDENTIAL DIMENSIONSANDSHALLBEVERIAED)AT 11___ lq-70+21- 1 qq 1 6.F ThE SITE DFSCREPANCY SHALL BE BRCUGWT TO THE ATTENTION OF THE ARCHITECT PRIOR TOCO~MENCEMENT OF WORK 1 FREE UPPER LEVEL NET / 'A..T INT'Y LIVABLE / LEASABLE NON-UNIT EXTERIOR STAIR/ELEV - 104 5.F NON-UNIT HALL AND BATH TOTAL NON-UNIT INTERIOR 113 S.F. SPACE COMMERCIAL NET EASABLE (3 8 0 0 554 5.F TOTAL NON-UNIT DECKS EXTERIOR SPACE FREE-MARKET RESIDENTIAL LIVABLE 235 5.F 1 410 S.F. FREE-MARKET ENTRY ~Rco,osED.evAToll 21 9.F OVERHEID-- tO ee -Â· NON-UNIT BUILDING -- ,/ I "e â€ž 4 MI n. 4... n. 414 .-r MECHANICAL 1 r -17 S.F. 4 .EXTERIOISTAIR 0--i --+ -- - 1/ 5"g.fl t. Fs:19 / TOTAL FREE-MARKET -Â· RESIDENTIAL MECHANICAL 14 S.F. MAIN LEVEL NET . Eâ€ž I 22/1.2812'. COMMEP.CIAL MORME LIVABLE / LEASABLE 2 r NON-UNIT EXTERIOR STAIR/ELEV 7 3 5.9. Â· k 228 sq ft ENTRY LOBBY .Xm-' -6 - i ST~~/MRE' 7 J] GOMMERCIAL 344 S.F. RECEFTMON STORAGE rd7 - COMMERCIAL NET LEASABLE 3504 5.F. . L 1.168sqft - 2 1 7 ~ 124 sq n \ I= - LOKER LEVEL NET LIVABLE / LEASABLE .... 1,043 M R L-- NON-UNIT EXTERIOR STAIR 1 ( 53 5.F. , 1. 1,298 sq R (7 252 sq ft COMMERCIAL STORAGE ' I i l , 2 - ' galen:/2 228 S.F. â€¢ 252 S.F. - 480 S.F. .- ./2 GENERAL BUILDIN<S MECHANICAL + 344 sq R --1- 1 7 5.F. Nor' '00.f[ AIRLOGI EXEMPTION ZE~ZI. Nd)hi-UNIT LOBBY NON-UNIT INTERIOR HALL .P-J 134 5.F 1 1 W--1 6-- ,-- 6-- P-91 =:,gs;:e<= â€¢â€ž A.OvE L,1101/1/1 . /Al\1 1 DES /01 MEASURE Or~Â· ~CH 'tÂ·, EXACTLY .r 14 'r . 1. 19. 1 '14.- 1.4 RA~NG WIL. +4â€¢VE B ILARGED OR REDUCr Al ES :.FECTING A. lâ€¢/F N ET-1 1300I/\I323 9NlallnG OINI10 N3dSV 133Ell I/\I 19Â¥3 00 L (~~1~EldSV 318Â¥9Â¥31 /318Â¥All 13N 4,1., V ,â‚¬ .~ 'LAAâ€¢Â· 1 ~. a - a ~ ~Ar f.4 -le 4. .. I fli â€¢1 t. * I , -. 32'3 4 1,FiFT 9 9 . /46 1 1 /. FF. -1 al. -4 .- :44 ..I--" rurt .... . : 1.1 -2,2 I *A<lit * 1 1 ULF , I 4, I I -- 1 . ti,li, - .. a rr 1 1 -!Â· :41 jal- f ~ Â· ** s t. , 71*95.1 e. u p o l 7 .91 14-drl : I. . -21:1-- 6./.Int.*Ft. 1 ':2Â·.':2!jet,2" 6 6% ... . .... %Â»t..2: t I '>.3 4 4 ..54 1 -2-I m f,mi ..0,1, 309 .,'.t. 'â€¢P 0 1 7 : .2. . I , Il.. ... ' 7 , I. I.Â·*L . ~â€¢V- 12. . - /0 . ... 4 . > Ir.. . t r 5 , 1 41** 1Nlill, ':14/Ff , '. + '21: e 40. Â¥ i. U.'.- ., I ...I-,Imi %*.. =- a -,1 1,1 L 2 Iii * 4, Lt r 671 ' . 41 1 .- . 1, 4 - 1Â· 4 lit . r Vlm"*de 2 -i"'drs,2., , M J Z 1 6 + 4 i'4Â· 1 ra- - Â·r ., , - 4 Q. -,4. C 9 - . 1 Â¢ 4 41 1 9 - . 1 ... 1 '?6 11- t- 4-11~ I ' .... -2 E. -- 1 . . 1 .1 ..6 2 , I. 1 I.:r.. â‚¬40Â·,I ,/*.2,5, ' *14: - . rd"*//i.A E. 62'. , .... t . 0. 1/ , 1 j 'All. '293 --7 A . ...4 3 .....2 1.1- 1 6 / 3*L i i I 1 4 4. A . . . 0. i 00 A A I . I A . ... 6 le 0 8 49 '0 1 ....- "mi 1 - Â·12 - UNIT 2 254 so I UN 1 - , 50 ,- 20 0 i 1 1 IC UNIT 3 2 2 5 L .- NOTES 'Â· ./ 3.. . ..0- - CN ./'L', â€¢46 =â€¢.- 3= â€¢.E ~I .E .. 3 1,/ â€¢ 4. Â·i Iâ€¢- > '-4 5.. AR' i -1.â€¢-EC I '- i. IlleÂ·â‚¬../ .... I../ 9// c: /*." 2 / -4 C 6 -~,t, 6 m # .~ Grâ€¢-. Ex S" â€¢CPObS -Â·-2 P~R~ ~r ~1- : I i i "0 Z 27 I '. 6,5./. , 2, 6,2/'-CE .-1, Al' 3 1â€ž } 2 E ./.4. C./.6. 4-tull :mt Ill ' ----=.rns.csr--f- ;: -1 , .- SECOND FLOOR '4 8 SECOND ' FLOOR U T - ST r; r .râ€¢ n Â·6 . ... U 2. UNIT 2 1 UNIT 3 c. 6,4- D' 8 1 - Câ€¢i. 00<,1 . , FIRST FLOOR PA R T 37 . 1 UNIT 1 : ' PART 02 - 0 0 UNIT 2 - UNIT 1 J 1 -~ 211 f P 9, 399 50 : E.Eâ€¢V ON 1,4 i I Â·Râ€¢06 ---1 1 1 i Â· , 4 1, SEâ‚¬ 1,2-8 , i :1 1 E-----3 - .4.â€¢DE -REP'.Ec e 1 ..&2. i PART OF ~ BASEMENT PART OF C'.Et UNIT 2 UNIT 1 ~.biRS, | 5 3 506-4 M.ENA :'REG 49#,4 SCRvEV 4â‚¬ NEEAS NE "P'dÂ·, CO_DRADO 4 6 -- aty. . BASEMENT .Â¥. .. 40/ '-1 1 *'C 9'D 38 , 6 2 3,20 SOUTH ELEVATION SHEET 2 OF 2 0 U w .1 1 -6 L 'ANE:C SE=-15'GAT@ Â£ C -12 UN FTTHTn 1-TrEnTNG ZCNESMINIUM ..6.0/ Al. FEMAS 8. '.95. PRE-k'., 1/â€¢T . 2. C . - 8. 0 ~r 3.--Ipr - .:OVF *-LI .... 'GIgi _ .. . . 6.i .0. 1:... .ED r . Â·... ' ~~ 29' RAC Â· r '8 L pÂ· .,MONÂ¥ BE Ne -,â‚¬ AECORC QIâ€¢.EU F JER-*:N 44/5 ~ râ€¢* ~ ~ ~ ~ ~ .0 AS .21<4 aEC O -GTS K ./ . â€¢: ./E ....' Â· - . .A lly- . .C: r .NC TME rEE* 0, 'v-Â· ., b 4 'NO . +46 1-E Wkâ€ž9. , D 4/,R EÂ·EN â€¢ DT" / /. Â» 4,4Â¤ -A u...7../. Â· i. =EE- O, 2/4 â€¢13-- 00 --E â€¢ .60 -WRO,Je.H il , Ar '90 7,0,#r G..Ch' 10 :Al D -I. 1'3*â€¢40 ' rE A:~- 4 ALOCK 68 , 1 -Â· .4/ -0â€¢N, -F ('f .. 11 â€¢'Cy' " "E â€¢u-/ T-00'/2Â» -4Â·6 6-C-' â€¢0./CEN- â€¢'0 QeV 1/46 -0 SA D 'c .:S IND - CEE- L- '.0.â‚¬ 56 . I. -U.N:'6 11.'3'EN . T< N COU:/ CD.... JOU"p . I 1 91~ : I 94-E . .aRâ€¢. 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De 'Mim m I |~LmiN #1* - 11 I .03 EAST y# c rÂ¥ â€¢.jMEN~ 5/ CORNER 9. GAK C' 22 30 CO A,4, N ---N--- 06 .OR 70:I. (031'50Â·, STREET eocclf} PIEPARE) BÂ¥ O' 5-EE- S .E 2-"â€¢ : -â€¢Â»04:9 ASDEN SUP .EV ENG JEESS 'wEE. 2 ~U>C. D.â€¢. aâ‚¬~T NS 2 1 SCULâ€¢ e..EAA 3TEEET â€¢/Eâ€¢ COLORâ€¢DO &18 r 1 ..%. To ...00 -/* 104 .... r ... Alf .Â£9,. 0â‚¬JAE/0,)< imil 975Â·38Â·6 ErsE'yliMEÂ°kd-,'I;UUE:r,Er.Elk ON 4. LAA~ i#~ 2,Â£ DATE C~ â„¢6 CE" i .t- iâ€¢ 5Mo- Â·tâ€¢+Dh T. SHEET 1 OF 1 W I OT 01Â¢ i, 4.~ ' '40- Â¥;Ev :'9â€¢,EO ,:Tu -Â·4 '5â€¢L . T.& ST '243 il GARMISCH STREET "4.i lAt.,6 , ..'U' U ' 1\Â·t.1 Ric#" Avip 5 . AFFIDAV[T OF PUBLIC NOTICE :1 9, /90 / 9/ 1 REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE COI~--~ ADDRESS OF PROPERTY: 4 00 Â£ . t-lou.' S F- , Aspen, CO SCHEDULED PUBLIC BEARING DATE: *64 A.Â»g 14, â‚¬ 5.Dop/n , 101-* STATE OF COLORADO ) County of Pitkin ) I, (name, please print) A- seÂ»-3 being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) o f the Aspen Land Use Code in the following manner: Publication ofnotice.- By the publication in tbe legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the day of , 20 , to and includi-ng the date and time of the public bearing. A photogiaph of the posted iiotice (sigli) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public bearing, notice was hand delivered or mailed by first class postage * 8.91:*43 Â· .1 Bi.prepaid U.S. mail to all owners of property within three hundred (300) feet of the B 181 19 Y A A c. u ,Â·i.,10:, -,2-,preperty subject to the development application. The nalnes and addresses of f id(.(02011.Â·-1 3 4 r..G 0< P M, ~ v 41;,i' - property owners shall be those on the current tax records of Pitkin County as they 14~-4&&1 MN*%14.- appeared ho more than sixty (60) days prior to the date of the public hearing. A copy ofthe owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach, summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy Of the neighborhood outreach summary, including the method of public notification and a copy of any documentation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certifed mailing of notice, return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas, are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision o f this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this 27 day of Afti I , 201~' by Â»7--6>- S-----7 WITNESS MY HAND AND OFFICIAL SEAL My commission expires: tO ~ 30 ~ fi, 17 *23.noic c. 31,Â·~~;)-0--3 Notary Public BONNIE L. SHILES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20054038739 ATTACHMENTS AS APPLICABLE: Â§, MY COMMISSION EXPIRES OCTOBER 30, 2017 â€¢ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) â€¢ LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 PUBLIC NOTICE RE: RE: 100 E. MAIN STREET-MINOR DESIGN REVIEW AND MINOR GROWTH MANAGEMEN1 REVIEW FOR CHANGE IN USE NOTICE IS HEREBY GIVEN that a public hearihg will be held on Wednesday, May 14,2014, at a meeting to begin at 5:00 p.m. before the Aspen Historic Preservation Commission, in Council Chambers, City Hall, 130 S. Galena St., Aspen, to consider an application submitted by 100 E. Main Street LLC, c/o Starwood, LLC, 0133 Prospector Road, Suite 41028, Aspen, CO 81611, owner of the propeny located at 100 E. Main Street, Aspen Clinic Building Condominium, Units 1-3, City and Townsite of Aspen, Colorado, PID #2735-124-01-201 through -203. The applicant re- cluests Minor Development approval for exterior remodeling of the existing building and Minor Growth Management review to determine afford- able housing mitigation requirements related to the creation of one new free market residential unit within the building, For further information, contact Amy Simon at the City of Aspen Community De- /elopment Department, 130 S. Galena St., Aspen, DO, (970) 429-2758, amy.simon @cityofaspen.com. s/Jav Mavtin Chair, Aspen Historic Preservation Commission 'ublished in the Aspen Times on April 24, 2014 ~ 10127505] AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: l FP E YFLA Fi/1 5-7- EUr-F , Aspen, CO SCHEDULED PUBLIC HEARING DATE: VM- AN 1 4 , 20~.t.~ STATE OF COLORADO ) ) SS. County of Pitkin ) 1, ]Al'+112,A-4 *4-9 (name, please print) being or representing dn Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. i Posting of notice: By posting of notice, which form was obtained from the C Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing on the/4 day of .4-,1.,~*r'' / , 20 /Z~ , to and including the date and time of the public hearing. A pholograph of the posted notice (sign) is attached hereto. V ~( 4 - ~)~ Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. Neighborhood Outreach: Applicant attests that neighborhood outreach. summarized and attached, was conducted prior to the first public hearing as required in Section 26.304.035, Neighborhood Outreach. A copy of the neighborhood outreach summary, including the method of public notification and a copy of any documenlation that was presented to the public is attached hereto. (continued on next page) Mineral Estate Owner Notice. By the certified mailing of notice. return receipt requested, to affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application of development. The names and addresses of mineral estate owners shall be those on the current tax records of Pitkin County. At a minimum, Subdivisions, SPAs or PUDs that create more than one lot, new Planned Unit Developments, and new Specially Planned Areas. are subject to this notice requirement. Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise. the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit ofNotice" was acknowledged before me this g 'llay of /11/'rV , 20/9, by ks,61 ~â‚¬AA/,vt, 0.,M WITNESS MY HAND AND OFFICIAL SEAL My commission expires: / 0 ~ â€¢-L-| 1& < 6 Notaly Pubuc 1 State of Colorado | Notary ID 20124066934 | 1My CornmissionExpkn0ctobu12,2018~ 92Mc'~40(-u- ATTACHMENTS AS APPLICABLE: ~ COPY OF THE PUBLICATION â€¢ PHOTOGRAPH OF THE POSTED NOTICE (SIGN) o LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BY MAIL â€¢ APPLICANT CERTIFICATION OF MINERAL ESTAE OWNERS NOTICE AS REQUIRED BY C.R.S. Â§24-65.5-103.3 7 -2 - ~)Â· '/Ir A . 1 . j. 0. 1 11 . PUBLIC NOTICE Date: Wed. May 14,2014 ~ Time: 5:00 p.m. .A , 1 F.. - :,2Â·&./*::4Â·i f Place: 130 S. Galena Street. Al:.~ENEk ;4 Â· Aspen City Hall ------------- Purpose: ~ HPC will review an application by 100 E. Main Street LLC j do ~A-rgll Starwood, LLC, 0133 Prospector Road,Suite 4102B, Aspen, CO 81611 ~25* JT#1//for Minor exterior changes to this I + 1 __-- *9- / h~ Property and to determine affordable F ..1 + 1, A L 4*ly-, - / * 4*~ housing mitigation for the conversion ~ \ Ilrrlii,*=/ ....-4~ of part of the upper floor to residential 1 ...../ Ft:.4-rÂ·= 0,ZILy-i , Jaa=/Ill'll' I use.For further information contact A s i,i jii Plannir~ Dept. at 429 =2=2758. 1 2 - 3 ------- 1 4,1-11 .. 120 EAST MAIN PARTNERS LLC 132 WEST MAIN STREET ASSOC LLC 201 E MAIN LLC 120 E MAIN ST PO BOX 6565 PO BOX 345 ASPEN, CO 81611 SNOWMASS VILLAGE, CO 816156565 ASPEN, CO 81612 CITY OF ASPEN ASPEN CORNER OFFICE LLC BROCKWAY LEXIE ATTN FINANCE DEPT 604 WEST MAIN 7714 FISHER ISLAND DR 130 S GALENA ST ASPEN, CO 81611 FISHER ISLAND, FL 33109-0966 ASPEN, CO 81611 COLLINS CINDA REV TRUST CRAWFORD RANDALL & ABIGAIL DOMINGUE FAMILY TRUST 42 PARK LN 124 N GARMISCH ST PO BOX 2293 MINNEAPOLIS, MN 55416 ASPEN, CO 81611 WINTER PARK, FL 32790 GARCIA STEVEN J GARMISCH LODGING LLC GSW FAMILY INV LP 120 N GARMISCH 110 W MAIN ST PO BOX 2038 ASPEN, CO 81611 ASPEN, CO 81611 WHEELI NG, WV 26003 HAYMAX LODGING LLC HODES ALAN & DEBORAH HOGUET CONSTANCE M 101 W MAIN ST 114 N ASPEN ST. 333 E 68TH ST ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10065 LANDIS CAROLYN PARDUBA JIRI PENN PAUL E & SUSAN W 128 N GARMISCH ST 116 N GARMISCH ST 3830 E 79TH ST ASPEN, CO 81611 ASPEN, CO 81612 INDIANAPOLIS, IN 46260-3457 RILEY AMY CLARK 98.76% PIETRZAK BOB & SUE LLC ROSE BRANDON CLARK AMY L 1.24% 1796 E SOPRIS CREEK DR 625 MT HOPE RD 129 W BLEEKER ST BASALT, CO 81621 WHARTON, NJ 07885 ASPEN, CO 81611 SADLER QUAL PERS RES TRUST #5 50% SARDY HOUSE NEW LLC SPEARS NANCY M 8536 N GOLF DR 240 CRANDON BLVD #167 PO BOX 2630 PARADISE VALLEY, AZ 85253 KEY BISCAYNE, FL 33149 ASPEN, CO 81612 WOLKENMUTH EDWARD F JR & STEELE TARADA LLC WHEELER SQUARE ASSOC JULIANNE BELL REV TRUST 1600 TYSONS BLVD 6TH FLOOR PO BOX 1359 121 W BLEEKER ST MCLEAN, VA 22102 CARBONDALE, CO 816231359 ASPEN, CO 81611 ZATS JULIE 118 N GARMISCH ASPEN, CO 81611 100 East Main Street LLC c/o Aspen Starwood, LLC 0133 Prospector Road, Suite 4102B Aspen, CO 81611 / aspenstarwood@gmail.com January 17, 2014 City of Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 Re: Authorization to Represent Dear Sir or Madam: 100 East Main Street LLC, a Colorado limited liability company ("Owner"), is the owner of that certain real property located at 100 East Main Street, Aspen, CO, also known as the Aspen Clinic Building (the "Property"). Aspen Starwood LLC is the Manager of the Owner whose phone number is 920-1280. This letter shall confirm that the Owner has authorized Kim of Kim Raymond Architects, Inc to act as Owner's representative with respect to all applications to be made with the City of Aspen (and its departments and agencies) regarding the Property. Ifyou have any questions, please feel free to contact Kim at her office, located at 802 E. Cooper Ave, Suite 4, Aspen, CO. 925-2252. Very truly yours, 100 East Main Street LLC A Colorado limited liability company Executed by its Managet:35pen Starwood, LLC f U By:. Mark Friedland, Manager of Aspen Starwood, LLC, RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM. 1 OF 3. R $21.00 OF $133.25 Ooc Code WD Janice K. Vos Caudill, Pitkin County, CO ili 1 lili i" 1 ilill lill imi u il 11 El State D-mentary Fee Date: July 15, 2013 Warranty need S 133.25 (Pursuant 10 38Â·30Â·113 C.R.S.) THIS DEED, made on July 15. 2013 by GARY FREEDMAN AND DONNA FREEDMAN AND LOWELL J. MEYER AND ELEANOR F. MEYER Gmn=(s).of the Countyof PITKIN and State of COLORADO for the considerationof ($1.332.500.00) ..0 One Million 'three Hundird Thirty Twoll,ousand Five Hundred and 00/100 â€¢â€¢â€¢ dollars iii hand paid, hereby sells and conveys to 100 EAST MAIN STREET LLC, A COLORADO UMITED WABILITY COMPANY Grantee(sh whose street address 15 133 PROSPECTOR ROAD, SUITE 4102, ASPEN, CO 81611, Coutly of PITklN, and State of COLORADO, the following real ptopeity in the County of Pitkin, and St,trof Colorado, to wic UNIT 2. ASPEN CLINIC BUILDING CONDOMINIUM. ACCORDING TO THE CONDOMINIUM MAP RECORDED APUL 14 2002 IN PLAT BOOK 60 AT PAGE 48 UNDER RECEPTION NO. 46628 AND AS DERNED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 46(;267. COUNTY OF PIT-KIN. STA1E OF COLORADO. also known by sueel and numberasÂ· 100 E. MAIN STREET, UNIT 2, ASPEN, CO 81611 ~pes and wanÂ·ants thetttle to the same, subject lo GENERAL TAXES AND ASSESSMENTS FOR n{E YEAR UENT YEARS AND SUBJECT TO'mOSE ITEMS ASSET FORTH ON EXHIBIT -A" Al-rACHED .-..r 9.........CORPORATED HEREIN. V \ U..c- CAWY FREÂ£041AN ., .........,.., Â·.â€¢â€¢ ~ ; â€ži ,â€¢LiÂ·'iÂ·~4 7, k- f i . Mils-'.7 PAIO *8291 7Â»12 WATI RE' A No. 40 99 DATE 93991_ MO 7-/4,-13, -7-16-tb 46049 DONNA FREEDMAN -- COWELL J. ?dE <4' ,=322,2,a;u.) 1- r kt,Y-* r-JANICEL. JOHNSON g 1 NOTARY PUBUC 1 State of COLORADO ) 4 STATE OF COLORADO 1 1 NOTAOY'019-0051118 1 County of pITKIN ) i .1 Comrnâ€¢SUG,1 2*68 Ape.!9.2016 rhe lotegoing insuriment was adclowledged before me on thisday of July 15, 2013 by GARY IEBEEDMAN, DONNA FREEDMAN. LOWELL J. MEYER AND Et.liANON F. MEYER <fÂ» <4 lt;Uf~.i; 4 9~ 11/9-0/6 Whel Re curd#11 R;?GR,-16Â· 100 EAST MAIN 51'REET LLC, A COLORADO 1.IMITED LIABILITY COMPANY 131 PROSPECTOR ROAD, SU111: 4102, ASPEN, CO 81011 lar[!Ttle Form 1 1082 09/2008 we uprti.udi Warranty De~d (*n (Pholograrh,i) ABBG2005271 {17099034) .....U.-, EXHIBIT A Properly Address: 100 EMAIN STâ€¢ 2& 3 ASPEN CO 8161I EXISTING LEASESAND rENANCIES, IFANY. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN'INE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5. 1584 IN BOOK 23 AT PAGE 20, JANUARY 28, 1885 IN BOOK 23 Ar PACE 105 AND OCrOBER 7, I887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TlTLE 5/IAU.BE ttEREBYACQUIRED TO ANY MINE OFCOLD. SILVER.CINNABAROR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. RESERVATIONS AS CONIAINED IN PATEN} 0171-HE UN[-rED STA[U RECORDED Mairh 01, 1897 IN BOOK 139 Al' PAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS,BURDENS, OBUGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE. 02, SERIES OF ]961 RECORDED Alay 01, 1961 IN BOOK 194 AT PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVAnONS OF EASEMENTS AND RIGHT OF WAY AS SET FORm IN Dem) RECORDED MAY 31, 1963 ]N BOOK 202 ATPAGE 429 AND DtEl) RECORDED APR-11.25, 1996 UNDER RECEFrION NO. 392094. TERMS, CONDITIONS, PROV]SIONS. 1,UNI}ENS, OBUGAnONS AND EASEMENTS AS SET ECM{{11 AND GRANTED IN LETTER AGREEMENT RECORDEB April 30, 1970 IN BOOK 248 AT PAG E 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 1N BOOK 282 AT PAGE 761. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #GO, SEIUES OF 1976 RECORDED DECEMIBER 9.1976 IN BOOK 3 21 AT PAGE51. TERMS, CONDmONS AND PROVISIONS OF EASEMENTAGREEMENI' RECORDED June 05, 1991 IN BOOK G,7 AT PAGE 767 AND 8111â€¢P[.EMENTALAGREEMENT RECORDED MAY 12,1992 tri IJOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS. BURDENS, OBLIGATIONS AN!} EASEMENrS AS SET FORTH AND GRANIED IN EASEMENT AGREEMENT RECOUDED A.gust 02, 1996 UNDER RECEF]lON NO. 395469 TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANIED IN REVOCABLE ENCROACHMNETAGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO. 410027. Form 13100 08/2008 62"habit escrew cdt ABB62005271 117099035} EASEMENTS, CONDI'liONS, COVENANTS. REfrRICTIONS, RESERVATIONS AND NOIES ON THE Purr OFASPEN CUNIC 11U1LDING CONDOM1N1UM RECORDED April 16, 2002 UNDER RECEPTION NO. 465266. RESHUCTIVE COVENANTS.BUTOMITrING ANY COVENANTS OR RESTRICrIONS, W ANY, BASED UPON RACE. COLOR, RELIGION, SEX, SEXUAL ORIENTallON, FAMILIALSTATUS. MARtTALSTATUS, DISAB]LrrY, HANDICAP, NATIONAL ORIGIN,ANCESTRY. OR SOURCE OFINCOME ASSETFORTH INAPPLICABLE SIATEORFEDERALLAWS, EXCEFTTOTHE EXTENrTHATSAIDCOVENANTOR RES'lluCriON iS 1â€¢811MrriED RY APPUCABLE LAW. AS CONTAINED iN INSTRUMENT RECORDED April 16,2002, UNDER RECEPTION NO. 466257. NOTE: SAID DECLARATION CONTAINS ARIGUTOFFIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OPSAIDDECLARATION. ANY LOSS OR DAMAGE RESUITING FROM THE FACTTHATTHE CONDOMINIUM MAP RECORDED APRIL 14 2002 UNDER RECEFI-ION NO. 466266AND THE CONDOh:INIUM DECLARA11ONRECORDED APR]L 14 2002 UNDER RECEPTI ON NO. 466267, DO NOrMEET Wmi CURRENT CCIOASTANDARDS Funn 13100 C&4008 bkxhihile, cruw. Od! ABBG2005271 117009033} RECEPTION#: 601419. 07/16/2013 at 03:42:33 PM, 1 OF 3. R $21.00 OF $29.25 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO 1111111111 I llil li ll i 111 li l li '11 State Documentary l'ce Date: July 13,2013 Warranty Deed 3 29.25 (Pursuant to 38-30-1 13 C.R. S.) n{IS DEED, made on July 15, 2013 by GARY FREEDMAN AND DONNA FREEDMAN AND LOWELL J. MEYER AND ELEANOR F. MEYER Grafloris), of {he Cointy of PrrKIN and State of COLORADO for ihe consideranon of ($292.500.00) ... Two }lundred Ninety Two Thou,and Five Hundred and 00/100 ... dQUars in hand paid, hereby sells and conveys to 100 EAST MAIN STREET LLC. A COLORADO LIMITED UABILITY COMPANY Grantee($), whose street address i& 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 51611, County of PITKIN. and State of COLORADO. the following real properly in the County of Pitkin, and State of Colorado, to witi UNIT 3, ASPEN CLINIC BUILDING CONDOMINI UM. ACCORDING m 111Â£ CONDOMINi UM MAP RECORDED A PRI L 16, 2002 IN PLAT BOOK 60 AT PAGE 48 UNDER RECEPTION NO. 4,6266 AND AS DEFINED AND DESCHIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIl- 16, 2002 UNDER RECEMION NO. 466267. COUNTY OF PITKIN, STATE OFCOLORADO. ,tho known by snit and ownber * 100 E MAIN STREET. UN11* 3. ASPEN. CO 81611 . ~ ~with 6:MCapput*nances and warrants the title to the s,une, mblect 10 GENERAL TAXES AND ASSESSMENTS FOR THE YEAR \#13 AND SUD*QUENT YEARS AND SUNECI TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" A*rrACHED BER#rO ANdlINCORPORATED HEREIN. 4/ 9/ - - DONNA FREEDMAN -01 ... L . , Â»4.iN g,<2Â£94:,Â»2 6((00 5-0 FAST FAID DATE ~.5 1 1 L.11 1 4 hr--1[~- 1-[G. (31 776';i~ to,0, 46952> 1.OWE./1 1. MEY#h i ~t f 1 ELMW)Ii F ME~R 1 f AL VU State of COLORADO ) County of PITKIN ) Â·Ihe loregaing instilment was acknowledged before me on 11,1% day of July 1% ag_-4.-*---*44.-0-,1 by CARY~REEDMAN.DON~X~EEDMAN, LOWELL J. Mit.YER ~mni*MÂ®B imal,NSON NOTARY PUBUC i ht,r 1 93-44( STATE OF COLORADO NOTAnÂ¥ ID,9964006618 My p*p~w=.4,2' V 9 ~ 11~ got b f.1 Ccimmt:4,01 ENPIrss ApN 19. 2016 NOIary 74 Wiwn *orded Return B. ]00 EAST MAIN STREET LLC, A COI.ORADO LIstrrED LiAB]LfrY COMPANY 133 PROSPECTOR UOAD, SUI rE 4102 ASPEN, CO 81011 Imj 1* Form 1 3082 09/2008 wd.open.odt Warranly Detd Open (Photographic) AHU6200527 1 (17114649} ......â€ž'...... EXHIBIT A Piopeny Address: 100 E MAIN ST â€¢ 2& 3 ASPEN CO 81611 EX]SIING 1.EASES AND TENANCIES, IF ANY. RESERVACIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM'111Â£ CITY OF ASPEN RECORDED DECEMBER 5. 1884 IN BOOK 23AT PAGE 20. JANUARY 28, 1885 IN BOOK n ATPAGE 105 AND OCrOBER 7,1887 IN BOOK 59 AT PAGE 14. PROVIDING AS FOLI.OWS: 11IAT NO TTIU SHALLBE liEREBYACQUIREDTO ANY MINE OFGOID, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. liESERVArIONS AS CONIA]NED IN PA'llENT Oi HIE UMTED STATES RECORDED Mamh 01. 1897 [N BOOK 139 AT PAGE 216. TERMS. RESERVA'nONS. CONDmONS, PROVISIONS. BURDENS, OUUGATIONS AND FASEMENTS AS SET FORTH IN ORMNANCE #20 SERIES OF 1961 RECORDED May 01,1961 IN BOOK 194 AT PAGE7. TERMS, CON DITIONS, RESTRIC-nONS AND RESERVATIONS OF EASEMENTS AND RIGI rr OF WAY AS SET FORTH IN DEED RECORDED MAY 32, 1963 t!41 BOOK 202 ATPAGE 429 AND DEED RECORDED AP]%11.25.1996 UNDER RECEPHON NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, 01]UGATIONS AND EASEMENTS AS SET FORâ„¢ AND GRANTED IN LEITER AGREEMENT RECORDED April 30, 1970 IN BOOK 248 AT PAGE 231 AND QUIT CLAIM DEED TliERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. TERMS, CONDrriONS AND PROVISIONS OF ORDINANCE â€¢60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 Al PAGE 51. TERMS, CONDITIONS AND PitOVIS}ONS OF EASEMENIAGREEMENT IUECORDED June IS. 1991 IN BOOK G47 AT PACE 767AND SUPPLEMENTALAGREEMENT RECORDED MAY 12. 19921N BOOK G77 A 1 PAGE 330. TERMS, CONDITIONS. PROVISIONS. BURDENS. OBUGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENTAGREEMENT RECORDED Auguit 02. 1996 UNDER RECE,ynON NO. 395469. TERMS, CONDrrIONS, PROVISIONS. BURDENS. OBLIGATIONS AND EASEMENTS AS SET FORTHAND GRANTED IN REVOCAHLE ENCROACHMNETACHEEMENTRECORDED October 29, 1997 UNDER RECEFI'ION NO. 410027. Form 13100 086!008 b:exhibat.eÂ·crow.odl AUU62U05271 {17099035) EASEMENTI CONDITIONS. COVENANTS. RESTRICnONS. RESERVATIONS AND NOTES ON 11*E PLAT OFASPEN CLINIC BUILDING CONDOMINIUM RECORDED April 16, 2002 UNDER RECEPTION NO. 466265. RESTRICm'E COVENANTS, BUT OMITITNG ANY COVENA,rrS OR RESTRIC'nONS, IF ANY, BASED UPON RACE, COLOR. REL]GION, SEX, SEXUAL ORIENTATION, FAMIUAL SJIATUS, MARITAL SrATUS, DISABIUTY, HANDICAP. NATIONAL ORIGJN, ANCESâ„¢Y. OR SOURCE OFINCOME. AS SET FORT]1 IN APPUCABLE STATE OR FEDERALLAWS, EXCEPTTOTHE EXTENTT1!ATSAW COVENANT OR RES'TRICTION IS PERMITTED BY APPI.ICABLE 1.AW.AS CONTAINED 114 INSTRUMENT RECORDED April 16, 2002, UNDER RECEFrION NO. 466267. NO IE: 5All} DECI.ARAT]ON CONIAINS ARIGHT OFFIRS-1 REFUSAI. PROVISION DESCRIBED IN ARTIC[.E 9 OF SAID DECLARATION. ANY LOSS OR DAMAGE IULSUC}'ING FROM ]111Â£ FACITHAI'lliE CONDOMINIUM MAP RECORDED APRIL 16. 2002 UNDER HECEFrION NO. 466266 AND 11!E CONDOMINIUM DECLARATION RECORDED APRIL 14 2002 UNDER RECEPnON NO. 466267, DO NOT MEETWITH CURRENT CCIOASTANDARDS. Form 13100 08/2008 blexhkbit escruw.cdt Al,862005271 {17099035} RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 1 OF 3, R $21.00 OF $152.50 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO il 1 1 lill ill i ilill i ll 1 1 li ilill li i ill State Documenary Fee Date: July 15,2013 Warranty Deed 3 152.50 (Pursuant to 38-30-11] C.R.S.) THIS DEED, made on July 15, 2013 by ASPEN CUNIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO UMITED LIABILITY COMPANY Granto,fs), of the Countyof PITK]N and State of COLORADO for the consideration of (31,525,000.00) *** One Million Five Hundred Twenty Five Thousand and 00/100 *** dollars in hand paid, hereby seUs and conveys to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611, County of PITKIN, ancl State of COLORADO, the following real propeity in the County of Pitkin, and State of Colorado. to wit: UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEP11ON NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINJUM DECLARATION RECORDED APRIL 16,2002 UNDER RECEPTION NO. 465267, COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number aiÂ· 100 E MAIN ST# 1 ASPEN CO 81611 with all its apputtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS AND SUBJECT TO'I'HOSE ITEMS AS SET FORTH ON EXHIBIT "A" AT]ACHED HERETO AND INCORPORATED HEREIN. ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC A COLORADO LIMrrED LIABILITY COMPANY d*61(fIE blÂ»frOW, MANAGER tkili LO ..2,/6 L 0. ; s G .:.CtÂ· zE:.3 *AS-f 7,!1) Kie-iT FAiD DATE REF' /7UIC)-94,04'8 DATE REP,k- NOÂ· 7- /&- 12, 7-/6- f:5 6/604 State of COLORADO ) ) SS. County of P]TKIN ) The foregoing instrument was acknowledged before me on this day of July 15, 2013 hy GF.OR(le TRANTOW AS MANAGER OF ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP. LLC, A COLORADO UMITED LIABILITY PmPANY JANICE L JOHNSBN -- NOTARY PUBUC Notan#*lie - 4 ~ STATE OF COLORADO My #*ission expires 4~19>0/,6 NOTARY ID 19964006618 ELLI Wi~~Re?ordU Return to: 100 EAST MAIN STREET LLC, A COLORADO LIMI'IE M Commission Exulres AD,0 19.2016 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81011 Land Title Form 13082 09/2008 wd.open.od[ Warrianry Deed Open (Photographic) ABBG2005274 { 17104648} ....... C-, EXHIBIT A P,Opelly Address: 100 E MAIN ST # 1 ASPEN CO 81611 RESERVATIONS AND EXCEPnONS AS SET FORTH IN THE DEEDS FROM THE CrrY OF ASPEN RECORDED DECEMBER 5, 1884 IN BOOK 23 AT PAGE 20. JANUARY 28, 1885 IN BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OFGOLD, SILVER, CINNABAR OR COPPER OR TOANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. RESERVATIONS AS CONTAINED IN PATENT OFTHE UNITED STATES RECORDED March 01, 1897 IN BOOK 139 ATPAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE #2, SERIES OF 19Gt RECORDED May 01, 1961 IN BOOK 194 AT PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAV 31,1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRII, 25, 1996 UNDER RECEPTION NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LETTER AGREEMENT RECORDED April 30,1970 IN BOOK 248AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 1N BOOK 282 AT PAGE 761. lERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. TERMS, CONDITIONSAND PROVISIONS OF EASEMENTAGREEMENT RECORDED June 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTALAGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED August 02,1996 UNDER RECEFnON NO. 395469. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANIED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO. 410027. Fcrm 13100 08/2008 b2exhibit.escrow.odt ABB62005274 {17104647} I . EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OFASPEN CUNIC BUILDING CONDOM]NIUM RECORDED April 16, 2002 UNDER RECEPTION NO. 466266. RESTRICnVE COVENANTS, BUT OMITIING ANY COVENANTS OR RESTRICTIONS, IF ANY. BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL 5rATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OFINCOME, AS SET FORTH LIN APPLICABLE STATEORFEDERALLAWS, EXCEPTTO THE EXTENT l'HAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED April 16, 2002, UNDER RECEPTION NO. 466267. NOTE: SAID DECLARATION CONTAINS A RIGHT OFFIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. ANY LOSS OR DAMAGE RESULTING FROM 11+E FACTTHAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND '1HE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEP11ON NO. 466267, DO NOT MEET WITH CURRENI' CCIOA STANDARDS. Form 13100 08/2008 62exhibit.escrow.odt ABB62005274 {17104647) CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Amy Simon, 970.429.2758 DATE: 1.7.14 PROJECT: 100 E. Main Street DESCRIPTION: 100 E. Main Street is a 7,702 square foot, Mixed Use zoned lot in the Main Street Historic District. The property is condominiumized into 3 commercial units. The lot includes a private vehicular easement that is approximately 15' x 70: This 1,050 square foot area cannot be included in lot size for the purpose of calculating development rights. The maximum total fioor area is 1:1 or approximately 6,652 square feet. A recent calculation of existing flow area on the site is approximately 7,437 square feet, making the building non-conforming, both in terms of the overall cap on floor area for the lot (the building is about 785 square feet over), and the cap on commercial area orr the lot (the building is about 2,448 square feet over this cap, which is 0.75:1). The non-conformity can be maintained, so long as no more than 40% of the existing structure is demolished. The non-conformity cannot be increased. A potential purchaser is interested in minor exterior changes, and conversion of existing office space on the upper floor into a free market residential unit. Free market residential is permitted floor area up to 0.5:1, or in this case 3,326 square feet, which will encompass-the net livable area, plus any non--unit (common space) that must be assigned to the residential category. No individual free market unit can be larger than 2,000 square feet of net livable area, unless a TDR is landed, in which case the net livable area can increase to 2,500 square feet. There is currently no free market unit on the site. A change in use of a portion of the existing structure from commercial to residential may be approved as a Minor review by the Planning and Zoning Commission, and would require on-site, Category 4 affordable housing equal to 30% of the net livable area of the free market unit. As an example, 2,000 square feet of new net livable area x 30%= 600 square feet, which could be mitigated through an on-site 1 bedroom Category 4 unit (with a minimum unit size is 700 square feet net livable). The applicant could instead provide affordable housing credits equivalent to the 1.5 employees generated by such a free market unit, or could ask for City Council approval of a cash-in-lieu payment of approximately $212,000. (All calculations and rates subject to the Housing Guidelines in affect at the time of application.) If any more than one new free market residential unit is proposed in this project, this requires Major Growth Management review, which is restricted to a twice annual competition process. Any exterior remodeling involved in this project will require design review, which will be according to the Commercial Design Standards. The process is dependent on the scope of the work, which currently appears to be a Minor review at HPC. The existing commercial space does not appear to have any on-site parking that meets the Municipal Code requirements, a non-conforming circumstance that can be maintained. There is an encroachrnent license in place for the parking on the west side of the building, however this parking may or may not be for the exclusive use of this property (see terms of Encroachment License). If residential use is created on this -site, Zoning would require one on-site parking per unit, or a cash in lieu payment (currently $30,000 per space). 6112 0,2 4 4 8(6 PeR on 14- 000 4 2-0 \ 1-1 114 (DC R e c -t:t ggi-414 A significant reconfiguration of the building will trigger the need to provide adequate utility/trash/recycling area along the alley. At the conclusion of the project, the condominium will need to be abandoned or updated. Condominiumization is an administrative review and will be handled through a separate application. Relevant Land Use Code Section(s): 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.415 HPC Minor Review 26.470.070 Minor GMQS 26.515 Off-street parking 26.575.020 Calculations and Measurements 26.710.180 Mixed Use Zone District Land Use Code: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Design Guidelines for the Main Street Historic District: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Comm%20Desqn%20Stnds/Commercial%2 ODesiqn%20Guidelines Main%20Street%20Historic%20District.pdf Land Use application: http://www. aspenpitkin. com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/2013%20Iand%20us e%20app%20form.pdf Review by: Staff for completeness and recommendation, HPC and P&Z for determination. Public Hearing: Yes, at HPC and P&Z Referral Agencies: Engineering, Housing, Environmental Health Planning Fees: $3,250 for 10 billable hours (additional or less billable hours are at $325 per hour) Referral Agency Fees: $265/hour for Engineering, $650 flat fee for Housing, $650 flat fee for Environmental Health Total Deposit: $4,815 To apply, please submit 1 copy of: [3~Signed fee agreement with payment. 0 Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. [5 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. [3'list of adjacent property owners within 300' for public hearing 6 Prior approvals. And 20 copies of: Ef'An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. O Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. O Scaled drawings of all proposed structure(s) or addition(s) depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations. O Preliminary selection of primary building materials to be used in construction represented by samples and/or photographs. O Supplemental materials to provide a visual description of the context surrounding the designated historic property or historic district including at least one (1) of the following: diagrams, maps, photographs, models or streetscape elevations. [3~A written description of the proposal and arr explanation of how the proposed development, complies with the review standards and design guidelines relevant to the application. Applicants are advised that building plans will be required to meet the International Building Code as adopted by the City of Aspen, the Federal Fair Housing Act, and CRS 9.5.112. Please make sure that your application submittal addresses these building-related and accessibility regulations. You may contact the Building Department at 920-5090 for additional information. 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. COMXILL 173' DEVELOL,fENT DEPARTMENTjÂ» 62Â»14004 Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Phone No.: C} ;? 0 - 1,2 E) owner("11: lOG 'RASftÂ·<Ald 512.24.f Cldimail: q *pa* s.la,u, add 24.0.4 : 1. Â£41 Address of Billing d/, A SPEid 51-b#(Woolp, L.4- C property: too E. MIA #,0 S.r. Address: 0 1 -53 Â¥;1205Â¥*clog. TZOA i) (subject of A yFE hi, C o application) (send bilis here) S U 17Â£ 1 /02 Tb A 59 elÂ·\, CÂ© 19 4 1\ 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. 1 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. $02/045"flat feefor 6.Abld#g//00, $650 nat feefor MOU:51,46 AUTUOR!-1-0/ $3256 nat fee for 764IM #460 Feifi $.((50 flat fee for Eklvigulrdlf'Vit<,A 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. 1 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. 1 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. 1 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. $ 424~ 5*80deposit for 10 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: Property Owner: lOG 2-Al>f MIA,A Â·51{tu:~p-UL Chris Bendon - 1*-GLI ./ Community Development Djrector Name: Al'*/2 M h,2, 'ed /*~ , \ + l-0 Title: MA/4 *44 7 City Use: Fees Due: $ Received: $ \/1\ember. 2011 Cit> of.1.pen , 130 N. Cialena ht. i (970) 920-5090 r., LAND TITLE GUARANTEE COMPANY ~~ ~ *~ 1317 GIC\NI) AVE #200 ill illilimillillilillillillilimil 1 . GI.,ENWOOD SPRINGS, CO 81601 Phones 970-945-2610 Land Title Fax: 800-318-8206 STATEMENT' OF SETTLEMENT GUARANTEE COMPANY "PURCHASERS" W.W.LTIC.COM PROPER.TY ADDRESS: 100 E MAINST# 1 ASPEN CO 81611 SELI,ER(S): ASPEN CLINIC BUILDING ORTHOPAI,DIC GROLIP, LLC, A COLORADO LIMI']TED LIABILITY COMPANY BUYER(S): 100 ]FAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY SE'IrLEMENT DA'l'E July 15,2013 DATE OF PRORATION: July 15, 2013 ITEM DESCRIP'l'LON Ilebit Credit Sales Price 1,525,000,00 Edrnest Money Land Title Guarantee Company 100,000.00 Tax Certificate L.AND TITI.E GIJARANI FF. COMPANY 25.00 Record Wairanty Deed 36.00 Documentary Fee ........ i.. .... ..... 152.50 Current Taxes R018857 01/01/13 to 07/15/13 @ $53.8703/day 10,504.71 Closing Tgee LAND TITLE GUA 1:Alk 11Â· F. COMPANY 250.00 Sewer Due 07-15 ilini Of)-30 0,3.6064 ASPEN SANI YATION DISTRICT 281.30 l'ransfer Taxes CITY OF ASPEN 21,875.00 NEW LOAN AMOUNT 7 IN.IBERLINE BANK 1,246,500.00 ***44 Stil, lutals -**4 . ' 1---j.-Akq------ 1,547,619.80 1,357,004,71 Dne hom Buyer/Borrower 190,615.09 Polals 1,';47,619.80 1,547,614.80 The above figures do not inchide sales or use taxes oil property APPROVED AND ACCEPT'ED PURCLIASERIS): It~1.-EjjlWE'JJROKER: - I 100 EAS'l MAIN STREE'I [IC, A COLORADO LIMI'lED LIABILITY 1, e .'-â€ž,--p COMPANY Ato-~LIEIW'S INTE,iNX,TOMAI, My: EASTWO OD I NVES'MIENTS, 1,1 C A C OLORADO LIM 1'1'ED LLAB I L11'Y REALTY COMPANY, MANAGER LAND THLE CLOSING AGENT: . 4 1 t' itÂ©*+ 3 504 9/ I*--~V," V.....-'.. JORDAN SARICK, MANAGER JANtÂ¢Â« JÂ®NSON Form 13347 06/2008 [tg 1. odt ABB62005274 {17101297} RECEP ZON#: 601417, 07/16/2013 at 03:42:31 PM, 1 OF 3, R $21.00 DF $152.50 Doc Code WD Janice K. Vos Caudill, Pitkin County, CO l11lllllllllllIlllllllllllllll lili State Documentary Fee Date: July 15, 2013 Warranty Deed $ 152.50 (Pursuant to 38-30-113 C.R.S.) FHIS DEED, made on July 15,2013 by ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY Gramolfs), of the County of PITKIN and State of COLORADO for the consideration of Â¢51,525,000.00) *** One Million Five Hundred Twenty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 8161 1, County of PITKIN, and State of COLORADO, the following reell property in the County of Pitkin, and State of Colorado, to wit: UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CON-DOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PII'KIN, STATE OF COLORADO. also known by street and number as: 100 E MAIN ST # 1 ASPEN CO 0161.1 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FORTHE YEAR 2013 AND SUBSEQUENT YEARS AND SUBJECT 10 THOSE 11EMS AS SE'r FORTH ON EXHIBrl "A" A 1'1'ACHED 11ERETO AND INCORPORATED HEREIN. ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY / i. '10 C \ 4,54Â·,14 / Â· 96.rt' 1 Â¢*6Ilt;ElÂ®U~OW, MANAGER U 1 7 4 ..... . 4 1.1 ' 4' a Ld l 'i L.iÂ·- r #Ce D: U 4 -f,E, T FAQ EAâ‚¬i~-7 HAID bATE REP PK.20 44,0 l/8 DATE REP #L >10. 7-/6 -(31 -7 16-1,7 4404% State of COLORADO ) ) SS. County of PITKIN ) The foregoi ng instrument was acknowledged before me on this day of July 15, 2013 by GEORGE TRANTOW AS MANAGER OF ASPEN CLINIC BUILDING ORTHOPAED1(2 GROUP, LLC, A COLORADO LIMITED LIABILITY - ~'7ANY \ P / 3/ c 0.14 49 C y /0 0 0 4 Lh. ff * 1 CUM,14 % TEE-4 ._-- 2 JANICE L. JOHNSON ~ NotaryÂ¥*c - 1 /7 : 44& f . NOTARY PUBLIC 4 i .1 1 *A; e j STATE OF COLORADO f My #IrÂ®ission expires ~/ I~ ki~rlf : .4-9 t NOTARY ID 19964006618 i / Â·: Mv Commission Expires April 19,2016 0 Whed Recorded Return to: 100 EAST MAIN STREET LLC, A COLORADO LIMITE]3â‚¬Â¥*mUFFÂ¥*ee!Â¥FFM,frÂ°'Â°0'Â©'Â«1 '"4 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611 ,1 lane! Title Form 13082 09/2008 wd.openodt Warranty Deed Open (Photographic) ABB62005274 {17104648} CU~Altt .DAW'iNY EXHIBIT A Pioperty Address: 100 E MAIN S I' # 1 ASPEN CO 81611 RESERVAnONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5, 1884 IN BOOK 23 AT PAGE 20, JANUARY 28, 1885 1N BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBYACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS, RESERVATIONS AS CONTAINED IN RATENT OF THE UN1 IED STATES RECORDED March 01, 1897 IN BOOK 139 AT PAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE #2, SERIES OF 1961 RECORDED May 01, 1961 IN BOOK 194 Al' PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAY 31, 1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL, 25, 1996 UNDER RECEPTION NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBL[GARONS AND EASEMENTS AS SET FORTII AND GRANI'ED IN LETTER AGREEMENT RECORDED April 30, 1970 IN BOOK 248 AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. IERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED June 05,1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTALAGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED INEASEMENTAGREEMENT RECORDED August 02, 1996 UNDER RECEPTION NO. 395469. TERMS, CONDrnONS, PROVISIONS. BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO. 410027. Form 13100 08/2008 b2exhibit.escrow.odt ABB62()05274 {17104647} EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NO'rES ON THE PLAr OF ASPEN CLINIC BUILDING CONDOMINIUM RECORDED April 16, 2002 UNDER RECEPTION NO. 466266. RESTRICTIVE COVENANTS, BUT OMITI'ING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, lAMILIAL SFIATUS, 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 April 16, 2002, UNDER RECEPTION NO. 466267. NOTE: SAID DECLARATION CONTAINS ARIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATK)N. ANY LOSS OR DAMAGE RESULTING FROM THE FACT THAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND THE CONDOMINIUM DECLARATION RECORDED APRIL le, 2002 UNDER RECEPTION NO. 466267, DO NO'r MEET WITH CURRENI' CCIOA STANDARDS. Form 13100 08/2008 b2exhibit.escrow.odt ABB62005274 {17104647} m 1111 ill I illilil Ill ill Ii,"I lil Bill of Sale (Commercial) KNOW ALL MEN BY TIIESE PRESENTS, thar ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of PITKIN, State of COLORADO, (Seller), toiÂ· and in consideration of $10.00 C *** Ten and 00/100 *** ) Dollars, to Seller in hand paid,at or before the ensealing or delivery of these piesents by 100 EAST MAIN STREET LLC, A COLORADO LIMITED L,LABILI'llf COMPANY, of tlie (,ounty of PITKIN, ill the State of COLORADO, (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does hereby grant and convey unto the said Buyer, Buyer's personal representatives, successors and assigns, the following property, all as stated in Section 2.5 Inclusions and 2.6 Exclusions of the Contract to Buy anci Sell Real Estate (Commettial) dated May 10,2013 and entered into between the Seller and Buyer: 2.5.1 Fixtures. I f attached to the Pcoperty on the date of the Contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, floor coverings, intercom systems, sprinkler systems and controls. Other Fixtures: N/A If any fixtures are attached to the Property after the date of the Contract, such additional fixtures are also included iii this Bill of Sate. 2.5.2. Personal Property. If on the Property whether attached or not on the date of the Contract: awnings, blinds, window coverings, storage sheds. and all keys. If checked . the following ate included: IX] Water Softeners [X] Smoke/Fire Detectors [X] Security Systems [_] Satellite Systems (including satellite dishes). Other Personal Property: N/A The Personal Property shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except NONE. 2.5.3. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: NA The Trade Fixtures shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year o f Closing), liens and encumbrances, except. NONE 2.6. Exclusions. The following items are excluded: NONE Located at 100 E MAIN ST # 1 ASPEN CO 81611 TO HAVE AND TO HOLD the same unto the said BuyerÂ·, Buyer's personal representatives, successors and assigns, forever. The said Seller coveriants and agrees to and with the Buyer, Buyer's personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of the property, goods, and chattels, against all and every peison or persons whomever. When used herein, the singular shall include the plural. Executed, by the Seller on July .15, 2013 ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO UMNED LIABILITY COMPANY i 1\ A/. 1 1/ 01 GEUROE TRANiÂ« MANAGER Form 13298 12/2010 bill.cale.comm.odt 1-11 ABB62005274 {17114774} 1111111111111111111 l i l i 111 I ll li lli COMMERCIAL CLOSING INSTRUCTIONS TO: Land Title Guarantee Company RE: 100 E MAIN ST # 1 ASPEN CO 81611 L 'Ille Seller(s) and Buyer(s) listed below employ Land Title Guarantee Company (hereinafter referred to as Closing Agent) to act as closing and settlement agent in connection with the real property identified in title commitment No. ABB62005274. 2. Closing Agent is authorized to prepare, obtain, deliver and Â£Â·ecoiri all documents (including if applicable the Warranty Deed), excluding preparation of legal documents, necessary to carry out the terms and conditions of the Contract by and between the undersigned with amendments and counter proposals attached. Closing Agent is authorized to act as Loan Closing Agent and, if required, as custodian for any lender selected under the terms of the contract. 3. Closing Agentis authorized to receive funds; and to disburse funds under the following conditions: a) All funds received are either available for immediate withdrawal as a matter of right from the financial institution in which funds have been deposited: or are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. 4. Seller(s) and Buyer(s) will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and to comply with the provision of the Contract. 5. Closing Agent will prepare and deliver an accurate and detailed Closing Statement to Selleffs) and Buyerts) at time of closing. 6. Nothing contained herein shall be consttiled to alter or supersede the Contract. 7. Should a default occur by either Seller(s) or Buyer(s), Closing Agent is authorized to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. 8. III the event of any conflicing demands made on the Closing Agent concerning these instructions, in the sole judgment of the Closing Agent, and at the election of the Closing Agent, Closing Agent may hold any monies, documents, and things of value until Closing Agent received mutual written instructions from Seller(s) and Bi.iyer(s) or until d Tivil action shall have been finally concluded in a court of competent jurisdiction, determining the rights of all parties. In the alternative, Closing Agent may, at its discretion, at any time, commence a civil action to interplead any conflicting demands to a court of competent jurisdiction. Deposit with the Court by the Closing Agent of al] monies, documents, and other things of value concerning this transaction, shall relieve Closing Agent of all further liability and responsibility. 9. These closing instructions may be amended or terminated by written instructions from the Seller(s) and Buyer(s) to the Closing Agent. APPROVED AND ACCEPTED: July 15,2013 ASPEN CI.INIC BUILDING ORTHOPAEDIC GROUP, LLC, A 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COLORADO LIMITED LIABILITY COMPANY COMPANY By: EASTWOOD INVESTMENTS, LLC A COLORADO LIMIT ED ././' LIABILITY COMPANY, MANAGER .1. 420Â°1\ V ( 7 GEORGE TRANTOW, MANAGER . J JORDAN SARICK, MANAGER APPROVED AND ACCEPTED: Land Title Guarantee Company By: \44,...t .4 il U 1/ 6, Form 13959 08/2008 clog.inst.commercial.odt ABB62005274 {17114780} Ill llllllllllllllllllllllllllllllllllllllllllllllllllll Land Title Guarantee Company Order No, GW62005274 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 (26 U.S.C. 1445)("FIRPTA") CERTIFICATION BY TRANSFEROR (ENTITY) (Pursuant to Regulation C.F.R.1.1445-2(b)(2)(i)) 'ro: 100 EAST MAIN SPREET LLC, A COLO11ADO LIMITED LIABILITY COMPANY, (hereinafter re ferpred to as the "Transferee",) Section 1.445 of tlie Internal Revenue Code provides that a transferee of a U, S. real property interest must withhold tax if tile transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U,S. real property interest under local law) will be tile transferor of the property and not the disregarded entity. To inform the transforee thar withholding of tax is not required upon the dispogition of a U. S, real propetty interest by ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY, hereinafter referred to as the Iransferor, the undersigned hereby certifies the following on behalf of the transferon 1. The nansteroris nota foreign corporation, foreign partneiship, foreign trust. or foreign estate (as thosetenng are defined in the Internal Revenue Code and Income Tax Regulations); 2. The transteror is not a disregarded entity as defined in section 1.1445-20)(2)(iii): 3. The transferof s U.S, ciriployer identification nuniber is~ and 4. The transferor's office address is: 5, The transferor understands that this certification will be disclosed to the intemal Revenue Service by the transferee and that any false statement contained therein could be punished by fine, imprisonment, or bc,th. 6. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is nue, correct and complete, and I further declare that I have authority to slgn this document on behalf of the transferor (i.e, a responsible officer if a corporation, by a general partner if a parmership, and by a trustee or equivalent fiduciary of the case of a trust or estate). ASPEN CL,INIC BUILDING ORTHOPAEDIC GROUP, LLC, A Date: July 15, 2013 COLQ#ADO MMIT~*PABILITY COMPANY c &'4,4 / ~ 1/ 6,0 r Lf GE fiRGE TIE.,M*I'OW, MANAGER All information required to be obtained in connection with document has been obtained from informarion supplied by the transferor to Land Title Glurantee Company, For pri.vacy and security reasons, Land Title will Rtain thisitiformation. 111 the event you are contacted by the Internal Revenue Service concerning FIRFIJA, please contact the Company immediately for a copy of this Affidavit whiC*tift!3*Â¢Â¤3*0~99:Mt?iw:wpidlaon iNumber. J#44,;L.L. L. d~,11-14-'441,J6 d ~ State of COLORADO ) NOTARY PUBLIC ) SS. 1 STATE OF COLORADO ~ NOTARY ID 1 9964006618 County of PITKIN ) ~ MYCommission Expires April 19,2016 Q Sworn to before me on this day of July 15, 2013 by GEORGE TRANI'OW AS MANAGER Op ASPEN C.I.F#t)JUILDING OR1'HOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY 1 N .7 0 1 4 42+ ,\ C x u L 11 1 4 d /17/30/,3 My Commission expires: 7 ir/ Witness my hand and official seal 1 i , Notary ]?Ci,blic 9 // i/ Note: 1. 1 f you have any questions or concerns arising from your obligation as transfernr in regard to this tax. it is suggested tilat you immediately contact your local Internal Revenue Service office. attorney or accountant if you do nor fully understand these regulations. More information, including the regulations promulgated under FIRPTA, is available at the website for the Intemal Revenue Service, www.ils.env,blesinesses/Small/intern,ttiondl 2. The transteree M required to retain this certification until the end of the fifth laxable year following the taxable year in which the transfer takes place. Therransfereemlist makethiscertificationavailable torhe Intemal Revenue Service whenrequested inaccordance withtherequirements of 26 U.S.C 60{)1 and regulations thereunder. Form 13236 01/2012 firpta.ent.odt ABBG2005274 {17114781} 11111111111111111111111111111111 Agreement for Taxes It is hereby understood and agreed between tile Buyer(s) and Seller(s) of the propeity known as: 100 E MAIN ST # 1 ASPEN CO 81611 Tax Schedule Number: R018857 Current Year Taxes have been adjusted as ot the (late ut closing based on Assessed Value and Mill Levy Land Assessment 2013: Improvement Assessment 2013: $608,280,00 Mill Levy 2012: 32.325 Percentage of Tax: 100.000% Total Estimated Taxes: $19,662.65 Otlier: This adjustment shall be: X A final settlement. Re-adjusted between the Boyer(s) and Seller(s) as soon as the taxes have been billed by the County Treasurer. If a re- adjustment is necessary, Land Title Guarantee Company will not make or be responsible for this reÂ·Â·Â·adjustment. It is further understood and agreed between the Buyells) and Seller(s) that: No governmental body taxing authority has certified an assessment lien to the County Treasurer for special improvements installed prior to the date of the Buyer' s execution of the Agreement for Plirchase, Special improvements now in and being paid in annual installments are to be assilmed by the Bliyer(s), with current annual assessments in the amount of , with the total payoff amount of this assessment being This assessment will be fully paid on Note: Land 'Title Guarantee Company and/or its underwriter assumes no responsibility or any liability for the adjustment of special taxes or assessments unless they are shown on the County Treasurer's Certificate of Taxes Due. Any adjustment shall be made between the Buyer(s) and SellerÂ·(s), if necessary, and Land Title Guarantee Company, or its underwriter will not make or be responsible for the re- adjustment or liability in connection therewith. This Agreement made and executed this day of July 15, 2013 Seller: Buyer: ASPEN Cl,INIC BUILDING ORTHOPAEDIC GROUP, LLC, A 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COLORADO LIMITED LIABILfrY COMPANY COMPANY p By: EASTWOOD INVESTMENU'S, LLC A COLORADO LIMI-rED - .h f i LIABILITY COMPANY, MANAGER 7 1 i 1. U C + 4 t /734/1 - ..4 4.')'.i'.5# * GEORGE IRAN'l-'OW, MANAGER / JOIWAN SARICK, MANAGER Form 1 3277 08/2008 tax.agreement.odt ABB62005274 {17114778} llllllllllllllllllllllllllllllllll City of Aspen Grantee: RETT Payment Computation & Receipt # Transmittal Report Date Paid: This City of Aspen Real Estate Transfer Tax Computation & Transmittal Report is due at the time of transfer and prior to recording of the applicable deed(s). This foiÂ·rn combines both the Wheeler RETI' and the Housing RETT due to the City of Aspen, Since these taxes differ in specifics, separate and distinct computations are required as indicated on this form. State of COLORADO ) )SS. County of PITKIN ) The undersigned, as grantee of a deed or instrument of conveyance from ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY (giantor- aka seller) to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY (grantee - aka buyer) dated July 15, 2013 transferring the following described property situated in the State of Colorado, County of Pitkin, and the City of Aspen (if necessary, attach copy of legal description): UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING I O THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOM1NIUM DECLARArION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STAFF OF COLORADO. hereby comply with the Real Estate Transfer Taxes imposed by Chapter 23.48 of the City of Aspen's Municipal Code, by completing this form in its entirety and by submitting the appropriate taxes (as computed on the back of this form and below) iIi U.S. funds herewith. A. Total Wheeler REIT due to the City of Aspen (from the F column, step 7 on the back page) $7,625.00 B. Total Housing RETI' clue to the city of Aspen (from the 24'd column, step 7 on the back page) $14,250.00 Total Amount of Real Estate Transfer Taxes Submitted Herewith ( Total of A& B Above) $21,875.00 The above statement, including the computations on the back of this form, is a complete and accurate statement of the Real Estate Transfer Taxes due to the City of Aspen pursuant to Chapter 23.48 of the Cit.y of Aspen's Municipal Code. P I ease indicate the type of property by checking one of the items beiow: Deed restricted employee housing Fractional (timeshare) residential Non-fractional residential X Commercial Industrial. Affidavit: I Certify, In compliance with the City of Aspen's Municipal Code, that the foregoing is true and Correct. Name of Purchaser (Grantee): 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY / Signature of Purchaser: (Grantee): 1-2 Phone Number of Purchaser (Grantee): rlmE@~236AA@E~N Notarization of Purchaser(s) signature Is Mandatory: AOTARY PUB; IC Subscribed and sworn to before me the July 15, 2013 STP NOTARY ID 19964006618 Alr commission expires: I f . Notofy/Public~-i // P. Address: 100 E MAIN ST # 1 ASPEN CO 81611 Form 13104 08/2008 aspen.rett.doc.odt ABBG2005274 {17094088} Janice L. Johnson Computation of tile Real Estate Transfer Taxes: Wheeler REI'T Housing RETY 1. Is the property deed-restricted employee housing subject to the Apsen/Pitkin County Housing Authority guidelines? (It the answer is yes, do NOT complete the "Housing RETI' calculations.) Yes X No 2. Actual Cash Consideration (*) $1,525,000.00 __flz525~Goo.09 3. Actual or, if unavailable, Appraised Vallie of Other Considerations (describe briefly and attach copy of closing contract) $0.00 $0.00 4. Less $100,000 - 100,000 Not applicable 5. Total of lines 2,3 & 4 SL#.*5~Â®~D $1231000.00 6. Tax rate x.005 X.()1 7. Calculate RETrs (line5 x line 6) $7,625.00 514,250.00 8, Please record these calculated RETT'son lines A&Bon the front side of this form. (*) Actual Cash Consideration is the Iral estate transfer taxable amount in the transaction. If a purchaser already owns some % of the subject property prior to the current transaction, they do not have to pay RETT's on the % of prior ownership in this transaction. However, they will need to Sllbstantiate such ownership thru copies of Corporate Resolutions, or agreements establishing LLIrs, LLC's, PC's, etc., which dearly define the individual owners and their individual %'s of ownership. both for tile selling organization as well as the purchasing organization (assliming that individuals were not actually stated as the buyers and/or sellers on the deed itself). If not paid when due, the above tax shall bear interestat the rate of eighteen (1896) per annum untilso paid. Theamount of *e RETE imposed by Chapter 23.48 of tile City of Aspen's Municipal ('ode, and interest due thereon. are hereby assessed against the property upon the transfer of which the tax j.s imposed, and if not paid when due, such tax and interest, if any, shall constitute a lien on the property for the amount theretifi which lien shall continue until the amount dietrof i s paid or until its discharge or record by foreclostire or othenvise For rnore infoImation, p].ease contact : Citv of As[)en Municipal Code Web Pate Addiess: Larry Thoreson, City of Aspen Tax Administrator 1-ittp://www,oidlink,conÂ·Fcodes/aspervindex.htm Phone: 970-920-5029 Email: larrvt@ci,aspen.co.us Look in Section 23 130 Gatena Street Aspen, CO 81611 Form 13104 08/2008 aspen,rett.doc,odt ABB62005274 {17094088} ,Janice L, Johnson 11111111 Ill 11111111111 Ill 111111 Ill UTILITY AGREEMENT Water and Sewer Prorated Outside of Closing At the closing of 100 E MAIN ST # 1 ASPEN CO 81611 (PiÂ·operty Address) on July 15, 2013 (Date), by Land Tide Guarantee Company, both the Buyer(s) and Seller(s) fully understand that Land Title Guarantee Company DOES NOT notify the telephone company, the electtic and/or gas company(s), the cable company or the Seller's present insurance company to cancel or transfer to the new owners, any or all of the above. IT IS THE SELLER(S) RESPONSIBILITY to call the gas and/or electric company for a final reading and to give them a forwarding address foI' the fi.nal bill. It is also the Seller(s) Iesponsibility to notify the telephone company, cable company, trash company and pirsent insurance agent. IT IS THE BUYER(S) RESPONSIBILITY to call the gas and/or electric company, giving them the personal information they may require for their records, the telephone company, the trash company and the cable company to put service into your narne(s) with the correct mailing address, if different than the property just purchased. The final readi.ng of the metered water/sewer account or tile proration of the standard bill is to be handled on July 15, 2013. LAND TITLE GUARANTEE COMPANY is escrowing SO.00 from the Seller(s) and/or $0.00 from the Biyer(s) 'The Parties hereto further agree to the following: It is hereby agreed by the undersigned Seller(s) thar a final reading of the metered water and sewer account or the proration of a standard bill is to be handled on the property referenced above. '1-he sellerfs) herein agree to pay said Water and Sewer bill and to hold the Buyeits) harmless for any perialties or charges for non-payment. This re-adjustment is the sole responsibility of tile Selier(s) and Buyer(s). Land Title Guarantee Company orits underwriter wili notmake orbe responsible forthe re--adjustment or any liability in connection therewith. FURTHER. Seller acknowledges that there [ . lis [ _____ lis not currently d formal or informal 110 ineowners/landowners association and/or sub-association which may require periodic assessments and other fees as a result of this transaction. If there is aTi association and/or sub-association heretofore not known to the settlement agent and/or seller's agent, Land Title Guarantee Company shall escrow funds from seller pending receigt of a written status letter from the association, T.and Title Guarantee Company is hereby instructed to pay the amount stated on said status letter. Iii the event the homeowners'/landowners' association dues, assessments or fees exceed the escrowed amount, the additional charges are the responsibility of the Seller(s). Land Title GuaiÂ·amee Company or its underwriter shall not make or be responsible for the additional charges. 1 f there is a formal or informal homeowners'/landowners' association involved and if that association has requested copies of tile Buyer and Seller Settlement Statements as a requirement to transfer their t'ecords to the new owners, the undersigned hereby authorize Land Title Guarantee Company to deliver a copy of said statements to that association. Land Title Giiarantee Company is hereby released of any liability in connection with same. 'This Agreement was made and executed this day of July 15, 2013 Seller: Buyer: ASPEN (31.1.Nle BUILI)ING ORTIÂ·Â·IOPAEDIC GROUP, LLC, A 100 EAST MAIN STREET LLC, A COL.ORA DO I.IMITFI) I.IAB1LITY COLORADO LIMITED LIAB]1.]IY COMPANY ('.OMPANY By: EASTWOOD 1NVESTMENTS, I.I.C. A COLORADO L. IMITED LIABILITY 4\ 2 COMPANY, MANAGER /3 n / 1 ./h/4 ./t --. 1...11. / r / G F.()Ill;2*~.6 rd*, MA]\IAGER JORDAN SARK:K, MANAGER Form 13384 06/2008 utility.o(It ABB62005274 {17114779} lilill'111111111111111Ill'11111111 DISCLOSURES The undersigned hereby acknowledge that they understand and agree to the following provisions: Laws Relating to Unclaimed Funds. All parties are hereby advised that checks issued by Laiid Iltle Guarintee Company ("Land Title") and not caslied by the payee are subject to laws of escheat and/or unclaimed property. Should Land Title transfer such funds to a state office, pursuant to slich laws, Land Title shall be released from all further responsibility under this agreement and shall not be liable to any Paity, FDIC Limit Notice. The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor tip to cumulative maximum deposit of $250,000.00 for each insured financial institution. Ownership is determined by the deposit records of the financial institution and/or the records of the named custodian of any escrow accounts, Land Title and its underwriter assume no responsibility for nor will the undersigned hold same liable for any loss which arises from the fact that the amount of the above deposit may cause tile aggregate amount of any individual depositor's accounts to exceed $250,000.00. Funds Ileld by Land Title I.,and Title shall deposit all funds received pursuant to any closing and settlement services separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depository institution iii the name of Land Title as tile Escrow Agent (Escrow Account). Similar deposits from other customers conducting other real estate transactions are included in this Esctow Account. The majority of these funds are received at dosing and on completion of the transaction, are disbursed for the benefit of the seller, buyer or in the case of a refinance, for the benefit of the owner. Land Title will pay any and all costs associated with the lise of the Escrow Account, but in order to help keep settlement costs and fees down, Landlitle may arrange for the bank to provide it with a number of services at a reduced rate, or at no charge, or may earn interest on the Escrow Account balance. Interest earned, if any, shall be paid to Land Title. In no event will any such arrangement restrict or limit in any way the disbursement of the funds you deposit in accordance with the instructions given by you and the Statement of Settlement relating to your transaction. The party for whose benefit the funds are disbursed (most often the seller or owner, in the case of a refinance) may elect to have a portion of the interest earned on the fiduciary funds in the Escrow Account paid to that party. If the seller or owner makes this election, please (i) inform Land Title immediately, (ii) check the box provided below on this form and (iii) complete an IRS Form W-9 (which will be provided by Land Title). It is important to know that the fiduciary funds cannot be placed in a separate interest bearing account for that party's benefit until Land Title is in receipt of all required forms. A non-refundable administrative fee of $50.00 will be collected by Land Title as compensation for processing the documentation, set up and transfer of funds to the separate account, maintaining of audit and reconciliation recoils and coordinating the tax documentation. Authorized and acceptedthisdayof July 15,2013 . Selledil: Buy'erl 0 ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A 100 EAST MAIN STREET LLC, A COLORADO LIMrIED LLABILITY COLORADO LIMITED LIABILITY COMPANY COMPANY By: EASTWOOD INVES'I'MENTS, LLCACOLORADO LlMRED C 4 /3 (7 LIABILITY COMPANY, MANAGE.R , J / 44 1 : f /48 l 40>.4 // f -C --31.32 Â£#'$*- -3<*. GEORGE TRA*row, MANAGER ,)-/ t- -- V. - JORDAN SARICK, MANAGER [f the election is made to a have portion of the interest earned oil the fiduciary funds in the Escrow Account paid to you, please check the appropriate box below. E-1 Seller hereby elects to have Seller's fiduciary funds invested and agrees to the administrative fee of $50.00. ~ Buyer hereby elects to have Buyer's fiduciary funds invested and agrees to the administrative tee ot $50.00. [-~ Owner (Refinance) hereby elects to have Owner's fiduciary funds invested and agrees to the administrative fee of $50.00 Form 13370 01/2012 disclosure. fiduciary.odt ABB62005274 {17114775} 1 . 111 l illi 11111111111111 lil li l ili ill Approval of Deed, Bill of Sale and Tenancy The undersigned 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Boyer(s) hereby acknowledge that they intend to take title to the following described property: UNIT 1, ASPEN CIANIC BUILDING CONDOMINIUM, ACCORDING 1'0 rHE CONDOMINIUM MAPRECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. as Joint Tenants Tenaiits in Common X Other: LIMITED LIABILITY COMPANY They have reviewed the GENERAL WARRANTY DEED and Bill of Sale dated July 15, 2013 from ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY to 100 EAST MAIN SIREET LLC, A COLORADO LIMITED LIABILITY COMPANY and by their signature hereto approve the deed and confirm that it conÂ·ectly reflects the choice of tenancy, if applicable. Date: July 15, 2013 100 EAST MAIN FI'REE]LLC, A COLORADO LIMITED LIABILITY COMPANY By: EASTWOOD INVESTMENTS, LLC A COLORADO LIMITED LIABIll"1'Y COMPANY, MANAGER t. / // JORDAN SARICK,-MANAGER Form 13939 07/2012 aff.ten,odt ABB62005274 {17114771} Ill lllllllllllllllllllllllllllllll Purchaser's Final Affidavit and Agreement State of Colorado ) RE: Escrow No. ABB62005274 ) SS County of PITKIN ) RE: Real property and improvements located at: 100 E MAIN ST # 1 ASPEN CO 81611, in tile County of PITKIN Stale of Colorado, and more particularly described in the Commitment issued under the above Commitment No. ABB62005274 (the .Property"). UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, SrATE OF COLORADO. The Purchaser (the "Purchaser") of the Property, hereby makes the following representations to Land Title Guarantee Company, and any title insurance company for which the Company is agent (collectively the "Company"), with full knowledge and intent that the Company shall rely thereon: 1. The Purchaser has not contracted with, or hired, any person or contractor to furnish services, ]abor or materials, including any person to furnish architectural or surveying work, for the construction, remodeling, renovations, repair or other maintenance, of improvements on the Property, within the last 120 days. 2. If any person or contractor, within the last 120 days, has furnished services, labor or materials, including any person who has furnished architectural or surveying work, for the construction, remodeling. renovations, repair or other maintenance of improvements on the Property, at the request or on behalf, of the Purchaser, such person or contractor has been paid in full. A complete description of such work or service with all payment information is attached, 3, The Purchaser has not entered into any contract or other agreement creating any right, interest or lien on the Property, or whereby the Property or any portion thereof has been leased. (If all or a portion of the Property is in possession of tenants, or under lease, attach a detailed rent roll with copies of the le,ise agreeinent(s). 4 'FIle Purchaser has taken, or will take, possession of the premises on July 15, 2013. 5. The full purchase price has been paid by the Purchaser to Seller. In light of the foregoing facts and representations, the Purchaser, in consideration of the issuance by the Company of a policy of Title Insurance covering Property, in the form set out in the Commitment, hereby promises, covinants and agrees to hold harmless, protect and indemnify the Company, from and against those liabilities, losses, damages. expenses and charges, including but not limited to reasonable attorneys' fees (including attorney's fees iri the enforcement of this agreement) and expenses of litigation which the Company may incur, arising out of any inaccuracies in the above representations. Purchaser(s) Address: 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY 133 PROSPECTOR ROAD, SUITE 4102 COMPANY By: EASTWOOD INVESTMENTS, LLC A COLORADO LIMTIED ASPEN, CO 81611 LIABILITY COMPANY, MANAGER Phone Number: JORDAN SARICK, MANAGER Form 1 3491 12/2012 affpur. odt ABB62005274 {17114777} State of COLORADO ) )SS County of PITKIN ) The foregoing final affidavit and agreement was subscribed and affirmed before me on this day of July 15, 2013, by JORDAN SARICK AS MANAGER OF EAST'WOOD INVESTMENTS, LLC, A COLORADO LIMITED LIABILrl'Y COMPANY AS MANAGER OF 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 1 / h j f \C i ?f Â·l Fâ€¢,t fL .>07,#*C- h.41*'fv - .# Notat>*P ublic < ,/ 2 _Â».a.-,-Â·c-2Â»42-4.-4.=...4-1 My*mraission expirk. ~1 l 1 7/ 30/ b t-CANICE L. JOHNSON ~ 1 NOTARY PUBLIC 1 STATE OF COLORADO ( NOTARY ID 19964006618 p 1 My Commission Expires April 1 1EZ,J Form 13491 12/2012 affpur.odz ABB62005274 {17114777} lili i'1111111111]1111111111 11'1111 Owner's Final Affidavit and Agreements (Sale and Refinance) RE: Commitment No, ABB62005274 Escrow No. ABB62005274 RE: Real property anti improvements located at: 100 E MAIN ST # 1 ASPEN CO 81611 in the County of PITKIN, St,ite of Colorado. more particularly described in the Commitment (the "Property") UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING 10 THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED [N THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. The Owner, as Seller/Owner/Borrower (the "Owner") of the Property, hereby makes the represexitations set out in the attached Exhibit A to Land Title Guarantee Company. and any title insurance company for which the Company is agent for such title insurance company (collectively the "Companr'), with full ki lowledge and intent that the Company shall rely thereoii. In light of the facts and representations made, the owner, in consideration of the issuance by the Company of a policy of Title Insurance covering tile Property in the manner set out in the Commitment hereby promises, covenants and agrees to hold harmless, protect and indemnify the Company, from and against those liabilities, losses, damages, expenses and charges. including but not limited to reasonable attorneys' fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation which the Company may incur, arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: ASPEN CLINIC BUILDING ORTHOPAEDIC GROUK LLC, A COLORADO LIMITED LIABILITY COMPANY 401 CASTLE CREEK ItD #2100 ASPEN, CO 81611 /1 13/ j // ..7 f ...J> -0 ( .* Phone Number: f ; GEORGE~tiuupâ‚¬jW,;KIANAGER Â£ 1./ State of COLORADO ) )SS. County of PITKIN ) The foregoing Final Affidavit and Agreement was subscribed and affirmed before me on this day of lilly 15, 2013, by GEORGE TRANTOW AS MANAGER OFASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal. 1 / /3 My Commission expires: , 31 6 7 ,i <SP'W?S' - I ./ -I ' : V '-I ' +-- .2 / r=-GANHEE L. JOHNSON Not*y Public 9- 9 NOTARY PUBLIC v ~ STATE OF COLORADO ~ NOTARY ID 19964006618 ~ My Commission Expires t521iSS..pY Form 13493 12/2012 affsale.refi.odt ABB62005274 {17114776} Exhibit A to Owner's Affidavit and Agreement A. General Representations of Owner as to liens, enalmbrances, assessments, leases and tenancies 1. There has been no work of any kind, including architectural services, contracted for or otherwise ordered by the Owner, within the last 120 days, paid or unpaid, which cozild establish a priority- for any future mechanics' lien claimant. 2. If any work has been done, those certain persons. firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the Owner who have furnished services, labor or materials, according to plans ancl specifications or otherwise, used in connection with the construction of improvements on the Property, have been paid in full. The Owner is required to attach a description of the work done with the corresponding payment information. 3. All improvements constructed on the Property were completed on or before July 15, 201.3. 4. No claims have been made against the Owner, nor is any suit now pending against the Owner, on behalf of any contractor, subcontractor; laborer or material man, nor any other suit of any kind, and that no chattel mortgage, conditional bills of sale, security agreements or financing statemenis have been made by the Owner, 5. Except as shown in the Commitment, there are no liens or encumbrances of any kind, recorded or unrecorded, affecting the Property. 6. All fees, assessments and charges of the homeowners association having jurisdiction over the Property. if applicable, are current at this time. 7 There are no existing leases, tenancies or possessory rights affecting the Property. (if all or a portion of the Property is in possession of tenants, or under lease, attach a detailed rent roll with copies of the lease agreements(s) or other documents evidencing the leases, tenancies or possessory rights), 8. If there are existing leases, tenancies or possessory rights, as listed in A7 above, none of the leases, tenancies or possessory rights contain an option to purchase, ora right of first refusal or similar type rights (if tliere are such rights, itemize each specific right and the document creating such rights at the end of this Exhibit A). 9. To the best of Owner's knowledge and belief, the Owner confirms that there have been no violations of any covenants, conditions or restrictions contained in any document shown in the Commitment, including but not limited to covenants, conditions or restrictions which may give rise to (i) a private charge or assessment; (ii) an option to purchase; (iii) a right of first refusal; (iv) a right of prior approval of a future purchaser or occupant, or (iv) ally obligations of any type lo perform maintenance, repair, or remediation on the Land. B. Representations as to payoff of existing loans 1 To complete the transaction, certain loans, Which have been made to the Owner and sectired by promissory notes and deeds of trust against the Property (collectively the "Loans"), must be paid off and the Property rel.eased from the Loans. 2. 'Ihe Company has obtained payoff amounts from the holders of tile Loans (the "Payoff Amounts"). 3 The holders of the Loans have advised the Company that the Payoff Amounts are subject to final audit and that the payoff Amounts may change, with the result that additional funds may be demanded to ensure a final payoff and to secure the release of the Property from the Loans (the "Additional Funds"). 4. Should any one or more of the holders of the Loans demand Additional Funds, the Owner, on request by the Company, undertakes to make immediate payment to the company of the Additional Funds. 3. In addition, if any one or more of the Loans provides for an open line of credit or a revolving line of credit, the Owner affirms that: (al The Owner has not drawn additional funds from the line of credit since the date of the payoff statement from the lender to the Compaiiy. 01 If the Owner has made additional. draws of the line of credit, the draws were made on iii the amount of 5 (c) The Owner undertakes not to make any further draws oIl the open line of credit or a revolving line of credit after the date of this Payoff Indemnity and Agreement. Gi) The Owner has requested that the holders of the Loans close the open line of credit or revolving line of credit accounts. 6. The Owner has not taken out any loans against the Property other than those shown in the Commitment. f.d Setter(s) uÂ· A Form 13493 1.2/2012 affsale.refi.odt ABB62005274 {17114776} lil ill'llili 1111111Ill lili 11111111 REAL PROPERTY TRANSFER DECLARATION - (TD-1000) GENERAL INFORMATION Piirpose: The Real Propeity Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R,S.), Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation mitst be accompanied by a Real Property Transfer Declaration, Ibis declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer ro 39-14-102(1)(a), C,R.S, Penalty for Noncompliance: Whenever a Real Pioperty Transfer Declaration does riot accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessoi may impose a penalty of $25.00 or.025% (.00025) of tlie sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold, Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject tO confidentiality requirements as provided by law, 39-5- 121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers 100 E MAIN ST # 1 ASPEN CO 81611 2. Type of Property purchased: E-] Single Family Residential FJ Townhome F 1 Coodominium I 3 Multi-Unit Res X b Commercial El Industrill L.3 Agricultural 3 Mixed Use | _Jilacant Land L Dther 3. Date of Closing: July 15,2013 Date o f Contract if different than date of closing: May 10, 2013 4. Total sale price: Including all real and personal property. $1,525,000.00 5, Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, fire standing appliances, equipment, inventory, furniture. If the peisonal properly is not listed, the entire purchase price will be assumed p. be for the real property as per 39-13-102, C.R.S. L_] Yes 11130 If yes, approximate value $ Describe: 6. Did the total sales price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the ggods or services as of the date of closing. L J Yes EX] No If yes, value $ If yes, does this transaction involve a trade Linder IRS Code Section 1031? Ld Yes XINo 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. X] Yes L] No If no, interest purchased: % 8, Is this a transaction among rplated parties? Indicate whether the buyer or seller are related. Related parties include persons within *.same family, business affiliates, or affiliated corporations. LaYes r ~.*1 No 9. Cbeck any of the following that apply to the gondition of the improvements at the time of putuhase L_.] New (3 Excellent L__I Good [2il Average El Fair LE Poor L_ salvage I f the property is financed, please complete the following: 4 5 1% V' 0 10. Total amount financed: - L 1 i t.) .i.- pileyÂ© 11. Twe of financing: (Check all tha[ apply) E-3 New L_]Assumed E.2 Seller E-] Third Party I. ] Combination; Explain Form 1 3199 06/2008 rpt.odt ABB62005274 {17114772} pg 1 of 2 12. Terms: ~ IVariable: Starting interest rate % LI Fixed; Interest rate % Length of time years Balloon Payment 1 1 Yes [ _ d No If yes, amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor undersland the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominitims) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? [. .~ Yes [XINo If yes, franchise or license fee value? 15. Did the purchase price involve an installment land contract? L] Yes [X] No If yes, date of contract: 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? U Yes LI No Remarks: Please inchide any additional information concerning the sale you may feel is important. 17. Signed on this day of July 15, 2013 _ Have at least one of the parties to the translction sign the doaiment, and include an address and a daytime phone number. Signature of Grantee (Bliyer) E or Grantor (Seller) El 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY By: EASTWOOD INVESTMENTS, LLC A COLORADO LIMITED L]ABILHY COMPANY, MANAGER JORDAN SARICK, MANAGER 18. All future correspondence (tax bills, property vatuations, etc.) regarding this property should be mailed to: 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611 Phone: Form 13199 06/2008 rpt.odt ABB62005274 {17114772} pg 2 of 2 Pitkin County Treasurer Certificate Of Taxes Due Account Number R018857 Certificate Number 20088595 Parcel 2735]2401201 Order Number LTG/ABB62005274 Assessed To Vendor ID ETC ASPEN CLINIC BI.DG ORTIIOPAEDIC GRP I I.C LAND TITLE 401 CASTLE CREEK RD #2100 533 E HOPKINS ASPEN. CO 81611-1159 ASPEN. CO 81611 Legal Description Situs Address Subdivision: ASPEN CLINIC BI-ILI)ING t.nit: i 100 E MAIN ST #1 Year Tax Intemst Fees Payments Balance Tax Charge 101 2 620.92.: 5 2 2 .3 50.0() ($20,923.-12) 30.00 Potal Tax Charge so.00 Grand Total Due as of 07/11/2013 $0.00 I'ax Billed at 2012 Rates for Tax Area 001 1-AFS - 001 Authority Mill Levy Amount ValueS Actual AsseBsed PI 1 K IN CO UNTY 2.6910000* 31,741.82 COMMERCIAL $2.232,000 $647.280 HEAL l'HY COMMUNITY FUND 0.7070000* $457.63 ASPEN AMBULANCH DISTRICT 0.2(140000 h 3132.05 Total 32.232,000 $647.280 OPEN SPACE & TRAILS 3.79600(X) $2,457.07 PITKIN COUNTY LIBRARY 1.3360000* $864.77 CITY OF ASPEN 5.3460000* $3.46(~.36 ASPEN FIRE PROTECTK.)N 1.4550000 3941.79 ASPEN SANITA HON DISTRICT 0 13(X)()00 $84.15 ASPEN VALL.EY HOSPITAL 2.9200000 $ 1.890.06 ASPEN SaR)OL DISTRICT 9.2010000 $5.035.62 COLORADO MTN COLLEGE 3.99 70(}00 $2.587.18 COI.ORADO RIVER WAIER CONS 0.2420000* 5156.64 ASPEN HISTORIC PARK & REC 0.30000(X) 6194.18 Taxes Billed 2012 .12.3230000 $20,923.32 ~ Credit Levy FEE FOR THIS CERTIFICATE $10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES PERSONAL PROPERTY AND MOBILE HOMES - GEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS,THE COUNTY CLERK, OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number, personal property taxes. transfer tax or misc tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. 1, the undersigned, do hereby certify that the entire amount of taxes due upon lhe above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may Mill be redeemed with the amount required for redemption are as noted herein, In witness whereof, I have hereunto set my hand and seal. Jul 11,2013 1:56:51 PM Page 1 of 2 Pitkin County Treasurer Certificate Of Taxes Due -h: -Th / 4- TREASURER, PITKIN COUNTY THOMAS CARL OKEN 506 E MAIN ST - STE 201 ,~'~~'~~ ASPEN, CO 81611 c- ' INK- V Â¥ {970) 920-5170 uuk j ) Jul 11,2013 1:56:51 PM Page 2 of 2 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY WWW.LTIC.COM Date: 07-03-2013 Our Order Number: ABB62005274 Property Address: 100 E MAIN ST # 1 ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance: Janice L. Johnson Commercial Title "ABB" Unit 533 E HOPKINS #102 Bruce Rosellen ASPEN, CO 81(ill 5975 GREENWOOD PLAZA BLVD Phone: 970-945-2610 GREENWOOD VILLAGE, CO 80111 Fax: 800-318-8206 Phone: 303-850-4130 EMail: ijohnson@ltgc.com Fax: 303-393-4826 EMail: brosellen@ltgc.com FRIAS PROPERTIES ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY *TMX 730 E DURANT AVE 415 E HYMAN AVE ASPEN, CO 81611 ASPEN, CO 81611 Attn: BILL SMALL Attn: EDMUND FORAN Phone: 970-920-2000 Phone: 970-925-6060 Fax: 970-920-9399 Fax: 970-920-9993 Copies: 1 Copies: 1 EMail: bill@friasproperties.com EMail: ed.foran@sothebysrealty.com Sent Via EMail Sent Via EMail ASPEN CLINIC BLDG ORTHOPAEDIC GRP LLC EASTWOOD INVESTMENTS, LLC 401 CASTLE CREEK RD #2100 133 PROSPECTOR RD STE 4102 ASPEN, CO 81611 ASPEN, CO 81611 Attn: GEORGE TRANTOW Attn: EASTWOOD INVESTMENTS, LLC Copies: 1 Phone: 970-925-9817 EMail: gtrantow@orthop.com Copies: 1 Sent Via EMail EMail: eastwood@sarick.com Sent Via EMail LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 ASPEN, CO 81611 Attn: Janice L. Johnson Phone: 970-925-1678 Fax: 800-318-8202 07.15.13 -- --1 Land Title Guarantee Company Date: 07-03-2013 Land Title Our Order Number: ABB62005274 GUARANTEE COMPANY WWW.LTIC.COM Property Address: 100 E MAIN ST # 1 ASPEN, CO 81611 Buyer/Borrower: EASTWOOD INVESTMENTS, LLC Seller/Owner: ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY Wire Information: Bank: ALPINE BANK 600 E HOPKINS ASPEN, CO 81611 Phone: Credit: ABA No.: 102103407 Account: 2020010529 Attention: Janice L. Johnson Need a map or directions for vour upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 17-06 (Reissue Rate) $1,482.00 Deletion of Standard Exception(s) (Owner) $100.00 Tax Certificate $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $1,607.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. ABB62005274 Schedule A Cust. Ref.: Property Address: 100 E MAIN ST # 1 ASPEN, CO 81611 1. Effective Date: May 17, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,525,000.00 Proposed Insured: EASTWOOD INVESTMENTS, LLC 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. ABB62005274 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. RELEASE OF DEED OF TRUST DATED APRIL 09, 2012 FROM ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF COMMUNITY BANKS OF COLORADO TO SECURE THE SUM OF $213,127.93 RECORDED APRIL 13, 2012, UNDER RECEPTION NO. 588249. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED APRIL 13, 2012, UNDER RECEPTION NO. 588250. 2. RELEASE OF DEED OF TRUST DATED DECEMBER 01, 2001 FROM ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF DR. ROBERT ODEN, DR. JOHN R. FREEMAN AND DR. ROBERT S. DERKASH TO SECURE THE SUM OF $793,320.00 RECORDED DECEMBER 13, 2002, UNDER RECEPTION NO. 476062. 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED APRIL 13, 2012 AT RECEPTION NO. 588248 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES GEORGE TRANTOW AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 4. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR EASTWOOD INVESTMENTS, LLC MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. ABB62005274 Continued: 5. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF EASTWOOD INVESTMENTS, LLC AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 6. CERTIFICATE OF RIGHT OF FIRST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PROVISIONS OF CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267. 7. WARRANTY DEED FROM ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY TO EASTWOOD INVESTMENTS, LLC CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF EASTWOOD INVESTMENTS, LLC. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2012 TAXES, ITEM 6 WILL BE AMENDED TO READ: ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. ABB62005274 Continued: TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS. NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. ABB62005274 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5, 1884 IN BOOK 23 AT PAGE 20, JANUARY 28, 1885 IN BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED MARCH 01, 1897 IN BOOK 139 AT PAGE 216. 11. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE #2, SERIES OF 1961 RECORDED MAY 01, 1961 IN BOOK 194 AT PAGE 7. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. ABB62005274 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAY 31, 1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL 25, 1996 UNDER RECEPTION NO. 392094. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LETTER AGREEMENT RECORDED APRIL 30, 1970 IN BOOK 248 AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. 14. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED JUNE 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTAL AGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. 16. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED AUGUST 02, 1996 UNDER RECEPTION NO. 395469. 17. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED OCTOBER 29, 1997 UNDER RECEPTION NO. 410027. 18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLINIC BUILDING CONDOMINIUM RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266. 19. RESTRICTIVE COVENANTS, 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 APRIL 16, 2002, UNDER RECEPTION NO. 466267. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. ABB62005274 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. 20. ANY LOSS OR DAMAGE RESULTING FROM THE FACT THAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, DO NOT MEET WITH CURRENT CCIOA STANDARDS. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The sublect real property may be located in a special taxing district. B) A Certiticate of laxes Due listing each taxing jurisdiction snall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regaraing special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that . Ever,i title entity shall be responsible for all matters which appear of record prior to the time o recording whenever the title entity conducts the closi~ and is responsible for recording or filjng of legal documents resulting from the transaction w ich was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recordinij the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, bection 2 of the Commitment from the Owner s Pohcy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic s and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial Information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary atter an examination of the aforesaid Information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner' s Policy commitments containing a mineral severance instrument exception, or exceptions, in Scnedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: 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 defrau(ling or attempting to defraud the company. Penalties may include imprisonment, fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly proviaes 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. Nothing herein contained will be deemed to obligate the com/any to provide any of the coverages referrea to herein unless the above conditions are fully satisned. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information (" Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission: when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT Commitment to Insure *** ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the ** Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitinent. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mongage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South cr</9<266aa, Â«Â« Minneapolis, Minnesota 55401 Â¢9-:1'1842Â·. ~~t ark Bilbrey 012)371-1111 3 4 * - * %.. 2 President i E * g* *N AME R.ICAN LE AT~rized Signdture 01 6 * 'N CC.ORT.06 Jew"aly * **** 120 EAST MAIN PARTNERS LLC 132 WEST MAIN STREET ASSOC LLC 201 E MAIN LLC 120 E MAIN ST PO BOX 6565 PO BOX 345 ASPEN, CO 81611 SNOWMASS VILLAGE, CO 816156565 ASPEN, CO 81612 CITY OF ASPEN ASPEN CORNER OFFICE LLC BROCKWAY LEXIE ATTN FINANCE DEPT 604 WEST MAIN 7714 FISHER ISLAND DR 130 S GALENA ST ASPEN, CO 81611 FISHER ISLAND, FL 33109-0966 ASPEN, CO 81611 COLLINS CINDA REV TRUST CRAWFORD RANDALL & ABIGAIL DOMINGUE FAMILY TRUST 42 PARK LN 124 N GARMISCH ST PO BOX 2293 MINNEAPOLIS, MN 55416 ASPEN, CO 81611 WINTER PARK, FL 32790 GARCIA STEVEN J GARMISCH LODGING LLC GSW FAMILY INV LP 120 N GARMISCH 110 W MAIN ST PO BOX 2038 ASPEN, CO 81611 ASPEN, CO 81611 WHEELING, WV 26003 HAYMAX LODGING LLC HODES ALAN & DEBORAH HOGUET CONSTANCE M 101 W MAIN ST 114 N ASPEN ST. 333 E 68TH ST ASPEN, CO 81611 ASPEN, CO 81611 NEW YORK, NY 10065 LANDIS CAROLYN PARDUBA JIRI PENN PAUL E & SUSAN W 128 N GARMISCH ST 116 N GARMISCH ST 3830 E 79TH ST ASPEN, CO 81611 ASPEN, CO 81612 INDIANAPOLIS, IN 46260-3457 RILEY AMY CLARK 98.76% PIETRZAK BOB & SUE LLC ROSE BRANDON CLARK AMY L 1.24% 1796 E SOPRIS CREEK DR 625 MT HOPE RD 129 W BLEEKER ST BASALT, CO 81621 WHARTON, NJ 07885 ASPEN, CO 81611 SADLER QUAL PERS RES TRUST #5 50% SARDY HOUSE NEW LLC SPEARS NANCY M 8536 N GOLF DR 240 CRANDON BLVD #167 PO BOX 2630 PARADISE VALLEY, AZ 85253 KEY BISCAYNE, FL 33149 ASPEN, CO 81612 WOLKENMUTH EDWARD F JR & STEELE TARADA LLC WHEELER SQUARE ASSOC JULIANNE BELL REV TRUST 1600 TYSONS BLVD 6TH FLOOR PO BOX 1359 121 W BLEEKER ST MCLEAN, VA 22102 CARBONDALE, CO 816231359 ASPEN, CO 81611 ZATS JULIE 118 N GARMISCH ASPEN, CO 81611 100 EAST Mel w SeaKI, Results - Ejol seconds) Searched for the name 'ASPEN CLINIC BUILDING' n ABANDONMENT, ADDENDUM, ADMIN DECISION, Ad*kEMENT, AMEND COV, AMEND DEC, AMEND PLAT, AMENDMENT, ANNEXATION, APPLICATION, CONDO Create Export DECLAR, COVENANTS, CORRECTION, DEED DEV RIGHTS, DEED RESTRICT, EASEMENT, ENCROACH, INCLUSION, MASTER, ORDER, ORDINANCE, RESOLUTION, SUB AGREE, SUB IMPROVE, SURVEY, VACATE EASE, File Apply VACATE PLAT, VARIANCE, WAIVER type documents from '3/ 25/ 1880' to '2/12/2014' Filter STATUS U = UNVERIFIED DOCUMENT D = DELETED A = ADDED 113 $0,00 From ASPEN~ CLINIC BUILDING ASPEN CLINIC BUILDING CONDO 4/13/2012 CONDO DECLAR RE 588245 ASPEN CLINIC BUILDING 2 $0,00 To ASPEN CLINIC BUILDING ASPEN CITY Or 10/25/1997 ENCROACH RE 410C27 H 66 ASPEN CITY OF 1 SO.00 To ASPEN CUNIC BUILDING ASPEN CITY OF 10/29/1897 ENCROACH RE 410027 K 66 ASPEN CrrY OF 4 $0.00 To ASPEN CLINIC BUILDING ASPEN CITY OF 10/29/1997 ENCROACH RE 410027 L 66 ASPEN CITY OF 5 $0.00 from ASPEN CLINIC BUILDING ASPEN CITY OF 10/29/1997 ENCROACH RE 410027 M 66 ASPEN CITY OF 6 $0,00 From ASPEN CLINIC BUILDING ASPEN CITY OF 10/29/1997 ENCROACH RE 410027 K 66 ASPEN CITY OF 7 $0.00 From ASPEN CLINIC BUILDING ASPEN CITY Of 10/29/1997 ENCROACH RE 4:0027 L 66 ASPEN CITY Of- 8 $0.00 To ASPEN CLINIC BUILDING ASPEN CLINIC BUILDING 8/2/1996 EASEMENT RE 395469 L 66 ASPEN CITY Of $000 To ASPEN CLINIC BUILDING ASPEN CUNIC BUILDING 8/2/1996 EASEMENT RE 395469 K 66 ASPEN CITY OF 10 $0.00 To ASPEN CUNIC BUILDING ASPEN CLINIC BUILDING 8/2/1996 EASEMENT RE 395469 M 66 ASPEN CITY Or $0 00 rom ASPEN CLINIC BUILDING ASPEN CLINIC BUILDING 8/2/1996 EASEMENT RE 395469 L 66 ASPEN CITY OF 12 $0.00 From ASPEN CLINIC BUILDING ASPEN CLINIC BUILDING 8/2/1996 EASEMENT RE 395469 K 66 ASPEN CITY OF 0 $0%00 From ASPEN CLINIC BUILDING ASPEN CLINIC BUILDING 8/2/1996 EASEMENT RE 395469 M 66 ASPEN CITY Or 14 $0.00 from ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/13/2012 CONDO DECLAR RE 588245 A5PEN CLINIC BUILDING 15 $0 00 To ASPEN, CLINIC BUILDING CONDO ASPEN CUNIC BUILDING CONDO 4/13/2012 CONDO DECLAR RE 588245 ASPEN CLINIC BUILDING I23 123 0-Ir-Im~I--I~~~I.Lâ‚¬EI1.EliLEmI~1 r.w.,1. ...r.T.,~.1-r.~91-râ€¢~1,*9.M.IMMImlM'!~Â¤DAM-M~ $0Â·00 To ASPEN CLINIC BUILD,]NG CONDO A5PEN CLINIC BUILDING CONDO 4/16/2002 CON[X) DECLAR RE 466267 M 66 ASPEN CITY Of- 17 $0 00 To ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 A5PEN CLINIC BUILDING 18 $0.00 To ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 K 66 ASPEN CITY Or 19 20.00 To ASPEN CLINIC BUILDING CONDO A5PEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 L 66 ASPEN CITY OF 20 $0.00 Froni ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 M 66 ASPEN CITY OF 21 60,00 From ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 ASPEN CLINIC BUILDING 22 10.00 From ASPEN CLINIC BUiLDING CONOO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 K 66 ASPEN CITY OF 23 $000 From ASPEN CLINIC BUILDING CONDO ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 L 66 ASPEN CITY OF 24 $0.00 Fiom ASPEN CLINIC BUILDING INTERNAL MEDICINE GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 M 66 ASPEN CITY OF 25 $0.00 From ASPEN CLINIC BUILDING IINTERNAL MEDICINE GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 ASPEN CLINIC BUILDING 26 $0.00 nom A 5PÂ£N CLINIC BUILDING INTERNAL MEDICINE GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 K 66 A5PEN CITY OF 27 $0.00 From ASPEN CLINIC BUILDING INTERNAL MEDICINE GROUP LLC A5 PEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 L 66 ASPEN CITY OF 20 $0.00 From ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 M 66 ASPEN CITY Or 29 $0.00 Fi om ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 ASPEN CLINIC BUILDING 30 $0.00 From ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP LLC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 K 66 ASPEN CITY OF 123 123 SON From ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP EC ASPEN CLINIC BUILDING CONDO 4/16/2002 CONDO DECLAR RE 466267 L 66 ASPEN CITY OF 32 $0100 From ASPEN CLINIC BUILDING PARTNERSHIP ASPEN CLINIC BUILDING CONDO 4/13/2012 CONDO DECLAR RE 588245 ASPEN CLINIC BUILDING 123 1 111111 lilli '11'11 lilli lilli lilli 111'11111 lilli 1111 lili - 410027 10/29/1997 11:45A ENCROACH DAVIS SILVI 1 .f 5 R 28.00 0 0.00 N 0.00 PITKIN COUNTY CO REVOCABLE ENCROACHMENT AGREEMENT This Agreement made and entered into this day of , 199 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "Aspen" and Aspen Clinic Building , at 100 Eaqt Main Atrapt , (Prl,* FWI N-:) ...,W Mailin:.UlrcEs) hereinafter referred to as "Licensee." WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado: Lots K,L, the west 10' of Lot M and the South 10' of the vacated alley Block 66, City and Townsite of Aspen WHEREAS, said properties abut the following described public right(s)-of-way: Garmisch Street WHEREAS, Licensee desires to encroach upon said right(s)-ofway: As described and shown in Exhibit "A". attached to this License WHEREAS, Section 19-5 delegates the authority to the City Engineer to grant encroachment licenses; WHEREAS, Aspen agrees to the grant of a private license of encroachment as built subject to certain conditions. THEREFORE, in consideration of the mutual agreement hereinafter contained. Aspen and Licensee covenant and agree as follows: 1. A private revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion ofpublic right-of-way for the purposes described. 2. This license is granted for a perpetual term subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. 3. This license shall be subordinate to the right of Aspen to use said area for any public purposes. 111111111111111111111 Will 11111111111111111111111111111 410027 10/29/1997 11: 45A ENCR0ACI4 DAVIS SILVI 2 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO 4. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which Aspen, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe andÂ·clean condition. The Lkensee shall obtain Right Of Way and Building Permit as required the City Community Development Department for any work to be ' performed in the public right-of-way with design approvals for such work obtained from the City Parks and Engineering Departments as appropriate. Licensee agrees to join any improvement district: formed for the purpose of constructing improvements in and to the public right-of-way. 5, Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, C.R.S.. (currently $150,000 per person and $600,000 per occurrence) as may be amended from time to time, naming the ' City as co-insured. Licensee shall maintain said coverage in full force and effect during the term of this License and shall furnish the City with a copy of such coverage or a certificate evidencing such | coverage. All insurance policies maintained pursuant to this agreement shall contain the following . endorsementÂ·. "It is hereby understood and agreed that this insurance policy may nott be canceled by the surety until thirty 00) days after receipt by the City, by registered mail, of a written notice of such intention to cancel or not to renew." The Ucenste shall show proof of this insurance to the City before this agreement is filed. 6. Licensee shall save, defend and hold harmless against any and all claims for damages, costs and ~ - expenses, to persons or property that may arise out of, or be occasioned by the use, occupancy and i maintenance of said property by Licensee, or from any act or omission of any representative, agent, customer and/or employee of Licensee. 7. This license may be terminated by Licensee at any time and for any reason on thirty (30) days - written notice of Licensee's intent to cancel. This license may be terminated by Aspen at any time and 1 for any reason. Upon termination Licensee shall, at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to Aspen. I 8. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter be adopted. 9. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses Â· or property interests in or affecting said property as it deems necessary. 10. The conditions hereof imposed on the granted license of encroachment shall constitute ' covenants running with the land, and binding upon Licensee, their heirs, successors and assigns. , 11. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be ~ entitled to its reasonable attorney's fees. 12. If the structure(s) for which this license was issued is/are removed for any reason, Licensee may ~ not rebuild in the same location without obtaining another encroachment license prior to building, It is City policy to preserve public rights-of-way for the general public benefit, and it is not anticipated that reconstruction of encroachments would be permitted. 111111111111111111111111111111111111111Ill lilli liliI'll 410027 10/29/1997 11:45A ENCROACH DAVIS SILVI 3 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO No existing encroachment shall be enlarged without obtaining an additional license prior to construction. 13. The licensee waives any and all claims against the City of Aspen for loss or damage to the ~ improvements constructed within the encroachment area. IN WITNESS WHEREOF, the parties executed this agreement at Aspen the day and year first ~ written. Licensee Dr. Robert R. Oden Aspen Clinic Building Partnership STATE OF COLORADO ) i ) SS. County of Pitkin ) The foregoing instrument was acknowledged before me this Â£8 5-th day of -0 Â£ Le, uf , 19.91 by DE. f.bwt E.Ckler, (Licensee). d 1 -5- _ WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: 9-2.6 -9* No,ry Publiâ‚¬1 32.6 LJ . rv~ 0-1.4 ~-'12.Nt 1 (L n G n 1 â€¢'4- 4* 4 45'001 Address CITY OF ASPEN, COLORADO Byj,/'~Â»~ 64Â£4 6 City Engineer Aysty*IdÂ£--4 9,-9~L.k4_Â£/ g:t~4*24,#C/'t KATHRYN S. 0%, City Clerk V . i A SEA f.pit. 9 95,4 221Â£,1 /42 < ' i MESS EGRESS T ' 1 1 poll / - FEET 20 1 - REDAR M-/-- LL'-1-11.6 w ARKED .5 22580 GRAP} SCALE: 1 1 1 47 -41 - 10 ..., 4.-0 1 11 - 3... 1 44.LE9 951 / ~ MARKED,A.=4 r 1 1 11 - 1 ki: i 1 0 .0 1:3 1 1 f 2 *ORY 3 'i 1 Z 1 .DE 0 U V j f / * cc BRICK W/OVERHANG O 0 / f / O 1-- 1 4 511 1 1- ' 1 / '0. ...S / i .... CERIFY â„¢Ar . 1 1% 15 MOT A UND ....1. r..., WITNESS CORNER ;21 701= 2 :4 NO 2376, SE! â€¢ 14'200 â€¢9' E 00 FEIT FROM TI~ TRU~ 1 ..â„¢EN .... ..T 0001.11 WIÂ«. Flill INSÂ« PARCELON TMM DATE. i A CONCÂ»ETE FINÂ¢E POST ARE ENâ„¢ELY WIT- â„¢ TMAT THE~E ARE NO B THAT ./1~E IS 110 APP' -â€¢ROVE,â‚¬MTS ON ANY i CROS-0 01..... 40Utlim #LACE E BEED,- 'Â£ I. S 20632.'7 0.H r 1 /4 E= 1 I [..1 IMPROVEMENT LOCATI 1... 1 ./ 1 .- fto[ BANNER t 111 LOTS K, L WEST [0'Of u~ER ./.JI/5. I. I Colls,Amo /-,URS 5 5,11%Â·Er)*s 1 1 SOUTH 10' OF VAC F .055Â»DADS -LLEVAM, I -**0 *. r,70, #*, ] ] 11, 1. ...5..... ;05 r MAw ~ SUTE $. *6â„¢. CO -1 * 1'~11 C-~67 1 3 i I i l CITY AND TOWNSITE OF 1111111 lilli 111111 lilli lilli lilli 1111111111111' lili lili 410027 10/29/1997 11:45A ENCROACH DAVIS SILVI 4 of 5 R 26.00 0 0.00 N 0.00 PITKIN COUNTY CO 4 September 1997 ASPEN Â· Pin<IN' COMMUNIn DEVELOPMENT DEPAIGMENT Mr Reid Haughey policywest, inc. 1228 Kings Row Avenue Carbondale, CO 81623 Re: Barking at 100 E. Main Street, Aspen Clinic Building Dear Reid: Per your request, I have examined the parking provision at 100 E. Main Street which utilizes City of Aspen right-of-way. I have not attempted to analyze the current net leasable area ofthe Aspen Clinic Building relative tocurrent parking requirements. However, as an existing situation, the current parking as provided is satisfactory for the usesÂ· as they presently exist. It should be noted that an intensification of use or expansi~ bf 4-prokent sÂ¥44~ure may require that additional parking mitigation be provided. 8,11 4 1 1 -7 n.Â·. Please let me know ifyou have any additional questib* 8 ffjirf-%4ier.inforp,~on. ; U 40: . O .3 -1 '.' A. Very truly>?urs, 9/- Stan Clauson, AICP, ASLA Community Development Director CITY OF ASPEN CC: Nick Adell, City Engineer 1111111111111111111111111111111111111111111111111111111 410027 10/29/1997 11:45A ENCROACH DAVIS SILVI 5 of 5 R 26.00 D 0.00 N 0.00 PITKIN COUNTY CO 130 SOUTH GALENA STREET Â· ASPEN, COLORADO 81611-1975 Â· PHO.NE 970.920.5090 Â· F,x 970.920.3439 Pnnfed 1 Recvcled Piper 07/16/96 2- AA .VIE k - Rl ;HES 10 06 100 Â£Â»t41,1 JUL-10-98 16=35 PROM=LAW OFFICES /0-3024435479 PACE 7 EASEMENT AGREEMENT 71*ta,Ii,Ic- All-,-#-th-*mae 23'4dfof -]L ~ â€¢1 .1996. by md betwrmA.pe= CE.ic Bundi.* - - -_ . -. rAspenklimic") whose address is 100 E. Main StreÂ«, Ast>e,0, CO 81611, =iI-,7 1Â£ Sallt-taa C'Saliterman-1 whose address is 5005 Old Cedar Lake Rod, St. Lods Palic. MN 55416. RECTrALS A Aspen Clinic is the owner ofÂ©en,in mal proptity located in tbe City of Aspen, Pilon County. Colondo and legally described . Lots K ed I- and the Westaty 10 iket of even width of I.ot M. Block 66, Original Aspen Townsite, and thesouthe:b, 10 feet of even width of the vscaled alley thrigbBIod: 66 3*cent andoooligÂ»ousto saidLots Kand L and the Westaily lo fbetofLot M in Block 66, Odginal Aspen Townsite. B. Sah,Dim is the owner of cert= reat property located in the aty af Aspen, Pitkin Co,mty, Colorado and legally described as Ists A ed B , Block 66, Original A.,pen Toâ€¢ewite and the noâ€¢thedy 10 #bet oflhevacated.tky im atock 64 Ogiginal Aspen Town-4 adiacem and conâ‚¬gÂ»ous to 1.nts A and B. Tbis real property owned by SalitÂ«man may hereinafter be r-red to = the ~Salite,man property ' C. Aspen r- - ' other reciprocal catememt, sod rigR= of way over cemin pcitioos ofthe abovt described prope,ties for acce,4 ingiess and egress, ddveway =d under,ound utility puâ€¢poses Ind to prodde *br mutual agreaments as to the maint==Doe, Iod repair ofthe easerne- and the expenset assor&â€¢td thetewith AGREEMENT In zositler=ionfonbegraoti4 of the easeâ€¢,am descr*,ed herein, the t=nual promises and sgreâ‚¬mcuts ofthe parties Ind other good wd valuablecomderation. the partieâ€¢ airec as fbnows. 1 Salit,man, in coosidamtion ofthe osemed being gr=ted heby, shall pay Agp- Ctioicthâ€¢ min of ;50,000.00 to be deliveled to Aspea Ckee in Â©Mh or other "goodfimdi atthe time A 4 - ' -- ... ' L * L - 1 ofthis Easement 2 Aspen Clinic, far itself and its successors and assigns, in consideration for the paymemt called for herein, bugeins and sâ€¢Ils to Saft~man. his succacon Ind asgisms without warranty wha*soever, a nom-xclusive easement and,ight of uy foraccess. ingress aod egret,4 ddveway and,nxiegrrindid;4,=pose;ffLe<(15) foct inwidth over the withe:& 5 teetofLots K and L and the norther& 5 feet of the waste:Â¥ 10 Bet of Lot M, BIock 66, Or~inal A,pen Townsite, and the southecly 10 fkt of tbe vaclted alley in Block 64 Oliginal Aspen Towaile, adjacent and comiguous to Lots X and L and the Westerly 10 feet of Lot M Â«be "A.pen Clinic Rasemear) 395469 08/02/96 11:27A PG 1 OF 4 REC DOC UCC SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 21.00 07/12/96 17:10 TX/RX NO.0064 f 007 .