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HomeMy WebLinkAbout117 Thunderbowl Application 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM November 15, 2019 Jeff Barnhill Community Development Department City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 117 Thunderbowl Lane Boundary Adjustment & Insubstantial PD Amendment Mr. Barnhill: Please accept this application for a Boundary Adjustment to adjacent holdings within the Thunderbowl Townhomes at Aspen Highlands and an Insubstantial Amendment to a Planned Development to expand an existing deck. Block C of the Aspen Highlands Subdivision was developed with sixteen townhomes. The Subdivision Plat created sixteen units and a common area parcel. Unit No. 1 is addressed as 117 Thunderbowl Lane. A swap of equal areas between Unit 1 and the common area is proposed. This lot line adjustment will facilitate additional improvements planned for Unit 1. SGM Engineering has provided a draft amended plat. The exchange areas are highlighted and represent zero net change in the land areas associated with Unit 1 and the common area. The draft plat focuses on the swap areas. An additional page showing the entire Block C can be included in the plat if necessary. Page 2 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM The land swap will facilitate an expanded deck on the south side of Unit 1. The deck will be developed in the same character as the existing improvements. The property has unused “deck floor area” and all dimensions will be confirmed during permitting. Plans for this deck are attached to this application. 117 Thunderbowl LLC owns Unit 1. Thomas Wilhelm is the Manager of the LLC and has authorized BendonAdams to represent 117’s interests. Thunderbowl Neighborhood Townhome Association is the owner of the common area within Block C. Jim Korpela of the Romero Group, representing the Association, has authorized BendonAdams to represent the Association’s interest. We hope this application provides sufficient information to enable a thorough evaluation of this application. Upon request, BendonAdams will gladly provide such additional information as may be required during your review. Kind Regards, Chris Bendon, AICP BendonAdams LLC Exhibits: 1.Response to Review Criteria 2.Application form 3.Agreement to Pay 4.HOA Form 5.Authorization to represent – Unit 1 5.1. Statement of Authority 6.Proof of ownership – Unit 1 7.Authorization to represent – Common Area 8.Proof of ownership – Common Area 9.Pre-Application Summary 10.Vicinity Map 11.Map showing land swap areas 12.Plans showing proposed deck expansion 13.Subdivision Plat 14.Proposed Lot Line Adjustment Plat 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM Exhibit 1 Review Criteria 26.480.050. Administrative Subdivisions – C. Boundary Adjustment. An adjustment of a lot line between contiguous lots shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030, Procedures for Review, according to the following standards: 1. The request permits a boundary adjustment between contiguous parcels or corrects an error in a recorded plat. Response – The request is to adjust a boundary between contiguous parcels. 2. The adjustment results in the same number of parcels. Changes in development rights for the individual lots may occur unless specifically prohibited by the original subdivision documents. Response – The adjustment will result in the same number of parcels and no changes to development rights are proposed or will occur as a result of the adjustment. 3. The request complies with the requirements of Section 26.480.040, General Subdivision Review Standards. Response – See responses to the general standards, below. 4. The adjustment does not result in a parcel lying in more than one zone district. For adjustments between parcels located in different zone districts, the adjustment shall be approved only upon an amendment to the Official Zone District Map. (Please see Section 26.304.060.B.2 and Chapter 26.310.) Response – Both parcels are in the RMF Zone District and the adjustment will not create a split zone situation. 5. For adjustments between parcels located in a Planned Development, the adjustment shall be approved conditioned upon an amendment to the Planned Development approvals or designated area, as applicable. (Please see Section 26.304.060.B.2 and Chapter 26.445.) Response – This application includes a request for an insubstantial PD amendment to accommodate the change in the layout of the parcels (the parcel remain the same size) and to accommodate the expanded deck area within Unit 1. 6. The Boundary Adjustment Plat shall be reviewed and recorded in the office of the Pitkin County Clerk and Recorder, pursuant to Chapter 26.490 – Approval Documents. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Response – A draft plat is provided for the City’s review. The applicant is not expecting a subdivision agreement will be necessary. An agreement will be provided if requested by the City. Exhibit 1 Page 2 of 3 117 Thunderbowl Lane 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 26.480.040. General Subdivision Review Standards. All subdivisions shall be required to conform to the following general standards and limitations in addition to the specific standards applicable to each type of subdivision: A. Guaranteed Access to a Public Way. All subdivided lots must have perpetual unobstructed legal vehicular access to a public way. A proposed subdivision shall not eliminate or obstruct legal vehicular access from a public way to an adjacent property. All streets in a Subdivision retained under private ownership shall be dedicated to public use to ensure adequate public and emergency access. Security/privacy gates across access points and driveways are prohibited. Response – The adjustment still enable all parcels access to a public way. B. Alignment with Original Townsite Plat. The proposed lot lines shall approximate, to the extent practical, the platting of the Original Aspen Townsite, and additions thereto, as applicable to the subject land. Minor deviations from the original platting lines to accommodate significant features of the site may be approved. Response – The subdivision currently has no relation to the Townsite plat. The adjustment will not affect the relation of the subdivision boundaries to the layout of the Townsite. C. Zoning Conformance. All new lots shall conform to the requirements of the zone district in which the property is situated, including variations and variances approved pursuant to this Title. A single lot shall not be located in more than one zone district unless unique circumstances dictate. A rezoning application may be considered concurrently with subdivision review. Response – The adjustment affects the layout but not the size of the parcels. The adjust is an even swap of land between adjacent lots. All lot will remain in conformance with the RMF Zoning and the PD amendment will recognize the difference in lot configuration. D. Existing Structures, Uses, and Non-Conformities. A subdivision shall not create or increase the non-conformity of a use, structure or parcel. A rezoning application or other mechanism to correct the non-conforming nature of a use, structure, or parcel may be considered concurrently. In the case where an existing structure or use occupies a site eligible for subdivision, the structure need not be demolished and the use need not be discontinued prior to application for subdivision. If approval of a subdivision creates a non-conforming structure or use, including a structure spanning a parcel boundary, such structure or use may continue until recordation of the subdivision plat. Alternatively, the City may accept certain assurance that the non- conformities will be remedied after recordation of the subdivision plat. Such assurances shall be reflected in a development agreement or other legal mechanism acceptable to the City Attorney and may be time-bound or secured with a financial surety. Response – The adjustment will not create or worsen a non-conformity. Exhibit 1 Page 3 of 3 117 Thunderbowl Lane 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM 26.445.110. Amendments – A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Response – The use and character of the development remain unchanged. The expanded deck is designed in the same style as the existing development and will appear as an original element of the building. The adjusted parcel layouts provide a slight change to the platting and will not change the use or character of the development. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Response – The change in platting and the addition of the deck on Unit 1 are both minor in scope, will appear as original features of the development, and are generally consistent with the project’s original approvals. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Response – The requests do not require a variation and no changes to the allowed floor area or height are proposed. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Response – The amendment to expand the deck area by 150 square feet is within the dimensional allowances of the project approvals and represents a minor change to the sixteen-unit development of Block C. 5. An applicant may not apply for Detailed Review if an amendment is pending. Response – A detailed review is not necessary if the insubstantial amendment is approved. 117 Thunderbowl Lane 2735-142-12-001 117 Thunderbowl LLC; Thomas Wilhelm, Manager 2 Alhambra Plaza #1040; Coral Gables, FL 33134 310.721.9230 thomas@cervantescapital.com BendonAdams 300 So. Spring St #202; Aspen, CO 81611 925.2855 chris@bendonadams.com Existing developed lot containing a duplex. Proposal is to swap adjacent lands between Unit 1 and the Common Area of Block C to accommodate a new deck. na na 1 existing na na 2,275 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 5.1 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: July 23, 2019 File Number: 488147 Property Address:117 Thunderbowl Lane, Aspen, CO 81611 Buyer/Borrower:To Be Determined Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com To Be Determined Delivery Method: Emailed 117 Thunderbowl LLC Delivery Method: Emailed Attn:Chris Bendon Phone:(970) 925-2855 Fax: BendonAdams 300 S Spring St, 202 Aspen, CO 81611 E-Mail:chris@bendonadams.com Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. Exhibit 6 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d)“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g)a countersignature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i)comply with the Schedule B, Part I - Requirements; (ii)eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii)acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g)In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 8 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:488147 Issuing Office File Number:488147 Property Address:117 Thunderbowl Lane, Aspen, CO 81611 Revision Number: 1.Commitment Date: July 12, 2019 at 8:00AM 2.Policy to be issued:Proposed Policy Amount (a)ALTA Owner’s Standard Proposed Insured: To Be Determined (b)ALTA Loan Standard Proposed Insured: 3.The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: 117 Thunderbowl, LLC, a Colorado limited liability company 5.The Land is described as follows: See Exhibit “A” Attached Hereto ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 8 File No.: 488147 Unit 1, ASPEN HIGHLANDS VILLAGE P.U.D., THUNDERBOWL TOWNHOME RESIDENCES, according to the Plat thereof recorded September 20, 2001 under Reception No. 458917 and as described and defined in Declaration for Aspen Highlands Village Townhome Residences Thunderbowl Neighborhood recorded August 14, 2002 under Reception No. 470985. County of Pitkin, State of Colorado ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 8 File No.: 488147 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 14, 2017, as Reception No. 636150. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 8 Exceptions File No.: 488147 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Rights or claims of parties in possession, not shown by the public records. 3.Easements, or claims of easements, not shown by the public records. 4.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. 5.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. 6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7.Water rights, claims or title to water. 8.Any and all unpaid taxes and assessments and any unredeemed tax sales. 9.Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded January 19, 1892 in Book 55 at Page 20 as Reception No. 45510, and recorded April 7, 1903 in Book 55 at Page 507. 10.Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 25, 1957 in Book 181 at Page 506. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 8 11.Resolutions or Ordinances by the Pitkin County, Colorado, Board of County Commissioners, Planning and Zoning Commission, and Growth Management Commission recorded as follows: 12. Resolution No. 86-39 recorded July 18, 1986 in Book 514 at Page 719 13. Resolution No. 95-10 recorded February 15, 1995 in Book 774 at Page 47 14. Resolution No. PZ-95-08 recorded November 17, 1995 in Book 799 at Page 976 15. Resolution No. 96-141 recorded March 19, 1997 as Reception No. 402639 16. Resolution No. 97-7 recorded September 29, 1997 as Reception No. 408929 17. Ordinance No. 97-31 recorded November 25, 1997 as Reception No. 411003. 18. Resolution No. 97-161 recorded September 30, 1998 as Reception No. as Reception No. 422629. 19. Resolution No. 39 (Series of 1998) recorded October 5, 1998 as Reception No. 422779 20. Resolution No. 98-79 recorded October 15, 1998 as Reception No. 423268. 21.Use Agreement by and among Aspen Highlands Mountain Limited Liability Company, a Delaware limited liability company and Hines Highlands Limited Partnership, a Delaware limited partnership as set forth in instrument recorded December 13, 1993 in 364472 22.Agreement and Declaration of Special Covenants, Conditions and Restrictions for Aspen Highlands Village as set forth in instrument recorded October 27, 1997 as Reception No. 409939. 23.Order of Inclusion, In the Matter of the Aspen Consolidated Sanitation District, District Court, County of Pitkin, State of Colorado, Case No. 83-CV-170 as set forth in instrument recorded December 9, 1997 as Reception No. 411462. 24.City of Aspen, Raw Water Agreement, Irrigation, as set forth in instrument recorded October 5, 1998 as Reception No. 422780 and recorded October 5, 1998 as Reception No. 422781. 25.City of Aspen Water Service Agreement as set forth in instrument recorded October 5, 1998 as Reception No. 422782 26. and Addendum recorded October 5, 1998 as Reception No. 422783. 27.Aspen Highlands Village Detailed Submission Consolidated Plan recorded October 15, 1998 as Reception No. 423269. 28.Aspen Highlands Village, Aspen, Colorado, Final Draft-Detailed Submission Consolidated Plan Map recorded October 5, 1998 in Plat Book 46 at Page 44 as Reception No. 423270. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 8 29.Subdivision Improvements Agreement for the Aspen Highlands Village P.U.D. as set forth in instrument recorded October 15, 1998 as Reception No. 423271. 30.Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423272. 31.Residential Amenities Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423273 And Supplement recorded May 4, 2005 as Reception No. 509743 and All other recorded Supplements to said Declaration. 32.Aspen Highlands Village Planned Unit Development Guide as set forth in instrument recorded October 15, 1998 as Reception No. 423274 and Amended Aspen Highlands Village Planned Unit Development Guide recorded February 6, 2001 as Reception No. 451240. 33.Aspen Consolidated Sanitation District Preconnection Agreement as set forth in instrument recorded October 15, 1998 as Reception No. 423276. 34.Collection System Agreement by and between the Aspen Consolidated Sanitation District and Hines-Highlands Limited Partnership, a Delaware Limited Partnership as set forth in instrument recorded October 15, 1998 as Reception No. 423277. . 35.Highlands District Easement Agreement and Bill of Sale as set forth in instrument recorded October 15, 1998 as Reception No. 423281. 36.Easement recorded October 15, 1998 as Reception No. 423282 . 37.City of Aspen Easement Agreement (Water and Tank) as set forth in instrument recorded October 15, 1998 as Reception No. 423283. 38.Trench, Conduit, and Vault Agreement as set forth in instrument recorded January 11, 1999 as Reception No. 426421. 39.Easements, rights of way and other matters as shown and contained on Plat of Aspen Highlands Village PUD recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275 and Subdivision Plat of Block C, Aspen Highlands Village PUD, Thunderbowl Townhome Residences recorded September 20, 2001 in Plat Book 58 at Page 65 as Reception No. 458917. 40.Resolution No. 98-254, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the First Amendment to the Aspen Highlands Village Planned Unit Development Guide Regarding Floor Area Definitions as set forth in instrument recorded August 25, 1999 as Reception No. 434844. 41.Reservation by Hines Highlands Limited Partnership, a Delaware limited partnership of "any and all existing water, water structures and mineral rights" as contained in Special Warranty Deed recorded September 13, 1999 as Reception No. 435484. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 7 of 8 42.Ordinance No. 8 (Series of 2000) An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory of the City of Aspen, Colorado, to be known and Designated as the "Aspen Highlands Village PUD" Annexation as set forth in instrument recorded May 1, 2000 as Reception No. 442835. 43.Easements, rights of way and other matters as shown and contained on Annexation Plat of the Aspen Highlands Village PUD recorded May 1, 2000 as Reception No. 442836. 44.Notice of Approval recorded August 30, 2000 as Reception No.446536. 45.Ordinance No. 36 (Series of 2000) An Ordinance of the City Council of the City of Aspen Approving the Initial Zoning of the Aspen Highland Village PUD as set forth in instrument recorded November 28, 2000 as Reception No. 449207. 46.Thunderbowl Restrictions Agreement recorded May 24, 2001 as Reception No. 454767. 47.Access Easement Agreement recorded May 24, 2001 as Reception No. 454768. 48.Access Easement Deed recorded May 24, 2001 as Reception No. 454770. 49.Easement Agreement recorded May 24, 2001 as Reception No. 454771 and Modification recorded April 27, 2015 as Reception No. 619368. 50.Waiver recorded May 24, 2001 as Reception No. 454772. 51.Assignment and Assumption Agreement recorded May 24, 2001 as Reception No. 454773. 52.Successor Designation recorded May 24, 2001 as Reception No. 454774. 53.Grant of Easement by and between Hines Highlands Limited Partnership, a Delaware limited partnership and the Water Department of the City of Aspen, a Colorado municipal corporation as set forth in instrument recorded May 13 2002 as Reception No. 467358. 54.Easement Agreement (Snowmelt) recorded June 11, 2002 as Reception No. 468562. 55.Resolution recorded February 20, 2002 as Reception No. 464115. 56.Declaration for Aspen Highlands Village Townhome Residences Thunderbowl Neighborhood recorded July 29, 2002 as Reception No. 470290 and re-recorded August 14, 2002 as Reception No. 470985. 57.Assignment Agreement recorded October 1, 2002 as Reception No. 472886. 58.Deck Easement Agreement recorded June 12, 2007 as Reception No. 538848. 59.Easement Agreement recorded June 12, 2007 as Reception No. 538849. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 8 of 8 60.Easement Agreement recorded February 21, 2008 as Reception No. 546638. 61.Any and all existing leases and tenancies. ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 488147 ALTA Commitment For Title Insurance 8-1-16 File No.: 488147 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Rate Title Report: $0.00 DISCLOSURES File No.: 488147 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B.A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; C.INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. D.The Company must receive payment of the appropriate premium. E.If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b.That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 488147 Revised 11-19-2013 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·request insurance-related services ·provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM November 15, 2019 Jennifer Phelan, AICP Community Development Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 117 Thunderbowl Lane; Aspen, CO. Ms. Phelan: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in the Common Area of the Thunderbowl Townhomes and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – (no address) Thunderbowl Townhomes Common Area, Maroon Creek Road, Aspen, CO 81611 Legal Description – All areas designated or intended as Common Areas and all areas not within the boundaries of any Units as shown on the Subdivision Plat of Block C, ASPEN HIGHLANDS VILLAGE P.U.D., THUNDERBOWL TOWNHOME RESIDENCES, according to the Plat September 20, 2001 in Plat Book 58 at Page 65 as Reception No. 458917 and as described and defined in Declaration for Aspen Highlands Village Townhome Residences Thunderbowl Neighborhood recorded August 14, 2002 under Reception No. 470985. Parcel ID – 2735-142-12-017 Owner – Thunderbowl Neighborhood Townhome Association Kind Regards, Jim Korpela, Chief Operation Officer Romero Group LLC for: Thunderbowl Neighborhood Townhome Association 350 Market Street Suite 304 Basalt, CO 81621 jkorpela@romero-group.com 970.925.3475 Exhibit 7 Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 Date: October 14, 2019 File Number: 562350 Property Address:Thunderbowl Townhomes Common Area, Maroon Creek Road, Aspen, CO 81611 Buyer/Borrower: THUNDERBOWL NEIGHBORHOOD TOWNHOME ASSOC Please direct all Title inquiries to: Kurt Beereboom Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: Kurt.Beereboom@stewart.com WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ABOVE. We Appreciate Your Business and Look Forward to Serving You in the Future. Exhibit 8 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 Page 1 of 3 ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Stewart Title Company 620 E Hopkins Ave Aspen, CO 81611 For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 Page 2 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d)“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2.If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company’s liability and obligation end. 3.The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g)a countersignature by the Company or its issuing agent that may be in electronic form. 4.COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (i)comply with the Schedule B, Part I - Requirements; (ii)eliminate, with the Company’s written consent, any Schedule B, Part II - Exceptions; or (iii)acquire the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 Page 3 of 3 (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I - Requirements have been met to the satisfaction of the Company. (g)In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b)Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy. 7.IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 8 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Company Issuing Office:620 E Hopkins Ave, Aspen, CO 81611 Issuing Office’s ALTA® Registry ID: Loan ID Number: Commitment Number:562350 Issuing Office File Number:562350 Property Address:Thunderbowl Townhomes Common Area, Maroon Creek Road, Aspen, CO 81611 Revision Number: 1.Commitment Date: October 10, 2019 at 8:00AM 2.Policy to be issued:Proposed Policy Amount (a)ALTA Owner’s Standard Proposed Insured: THUNDERBOWL NEIGHBORHOOD TOWNHOME ASSOC (b)ALTA Loan Standard Proposed Insured: 3.The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4.The Title is, at the Commitment Date, vested in: Thunderbowl Neighborhood Townhome Association, a Colorado nonprofit corporation 5.The Land is described as follows: See Exhibit “A” Attached Hereto ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT “A” LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 8 File No.: 562350 All areas designated or intended as Common Areas and all areas not within the boundaries of any Units as shown on the Subdivision Plat of Block C, ASPEN HIGHLANDS VILLAGE P.U.D., THUNDERBOWL TOWNHOME RESIDENCES, according to the Plat September 20, 2001 in Plat Book 58 at Page 65 as Reception No. 458917 and as described and defined in Declaration for Aspen Highlands Village Townhome Residences Thunderbowl Neighborhood recorded August 14, 2002 under Reception No. 470985. County of Pitkin, State of Colorado ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 8 File No.: 562350 Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Vesting Deed: Quit Claim Deed recorded July 26, 2002, as Reception No. 470274. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the property described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 4 of 8 Exceptions File No.: 562350 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1.Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. 2.Rights or claims of parties in possession, not shown by the public records. 3.Easements, or claims of easements, not shown by the public records. 4.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. 5.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. 6.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7.Water rights, claims or title to water. 8.Any and all unpaid taxes and assessments and any unredeemed tax sales. 9.Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patents recorded January 19, 1892 in Book 55 at Page 20 as Reception No. 45510, and recorded April 7, 1903 in Book 55 at Page 507. 10.Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded June 25, 1957 in Book 181 at Page 506. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 5 of 8 11.Resolutions or Ordinances by the Pitkin County, Colorado, Board of County Commissioners, Planning and Zoning Commission, and Growth Management Commission recorded as follows: 12.Resolution No. 86-39 recorded July 18, 1986 in Book 514 at Page 719 13.Resolution No. 95-10 recorded February 15, 1995 in Book 774 at Page 47 14.Resolution No. PZ-95-08 recorded November 17, 1995 in Book 799 at Page 976 15.Resolution No. 96-141 recorded March 19, 1997 as Reception No. 402639 16.Resolution No. 97-7 recorded September 29, 1997 as Reception No. 408929 17.Ordinance No. 97-31 recorded November 25, 1997 as Reception No. 411003. 18.Resolution No. 97-161 recorded September 30, 1998 as Reception No. as Reception No. 422629. 19.Resolution No. 39 (Series of 1998) recorded October 5, 1998 as Reception No. 422779 20.Resolution No. 98-79 recorded October 15, 1998 as Reception No. 423268. 21.Use Agreement by and among Aspen Highlands Mountain Limited Liability Company, a Delaware limited liability company and Hines Highlands Limited Partnership, a Delaware limited partnership as set forth in instrument recorded December 13, 1993 in 364472 22.Agreement and Declaration of Special Covenants, Conditions and Restrictions for Aspen Highlands Village as set forth in instrument recorded October 27, 1997 as Reception No. 409939. 23.Order of Inclusion, In the Matter of the Aspen Consolidated Sanitation District, District Court, County of Pitkin, State of Colorado, Case No. 83-CV-170 as set forth in instrument recorded December 9, 1997 as Reception No. 411462. 24.City of Aspen, Raw Water Agreement, Irrigation, as set forth in instrument recorded October 5, 1998 as Reception No. 422780 and recorded October 5, 1998 as Reception No. 422781. 25.City of Aspen Water Service Agreement as set forth in instrument recorded October 5, 1998 as Reception No. 422782 and Addendum recorded October 5, 1998 as Reception No. 422783. 26.Aspen Highlands Village Detailed Submission Consolidated Plan recorded October 15, 1998 as Reception No. 423269. 27.Aspen Highlands Village, Aspen, Colorado, Final Draft-Detailed Submission Consolidated Plan Map recorded October 5, 1998 in Plat Book 46 at Page 44 as Reception No. 423270. 28.Subdivision Improvements Agreement for the Aspen Highlands Village P.U.D. as set forth in instrument recorded October 15, 1998 as Reception No. 423271. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 6 of 8 29.Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423272. 30.Residential Amenities Declaration for Aspen Highlands Village as set forth in instrument recorded October 15, 1998 as Reception No. 423273 And Supplement recorded May 4, 2005 as Reception No. 509743 and All other recorded Supplements to said Declaration. 31.Aspen Highlands Village Planned Unit Development Guide as set forth in instrument recorded October 15, 1998 as Reception No. 423274 and Amended Aspen Highlands Village Planned Unit Development Guide recorded February 6, 2001 as Reception No. 451240. 32.Aspen Consolidated Sanitation District Preconnection Agreement as set forth in instrument recorded October 15, 1998 as Reception No. 423276. 33.Collection System Agreement by and between the Aspen Consolidated Sanitation District and Hines-Highlands Limited Partnership, a Delaware Limited Partnership as set forth in instrument recorded October 15, 1998 as Reception No. 423277. . 34.Highlands District Easement Agreement and Bill of Sale as set forth in instrument recorded October 15, 1998 as Reception No. 423281. 35.Easement recorded October 15, 1998 as Reception No. 423282 . 36.City of Aspen Easement Agreement (Water and Tank) as set forth in instrument recorded October 15, 1998 as Reception No. 423283. 37.Trench, Conduit, and Vault Agreement as set forth in instrument recorded January 11, 1999 as Reception No. 426421. 38.Easements, rights of way and other matters as shown and contained on Plat of Aspen Highlands Village PUD recorded October 15, 1998 in Plat Book 47 at Page 1 as Reception No. 423275 and Subdivision Plat of Block C, Aspen Highlands Village PUD, Thunderbowl Townhome Residences recorded September 20, 2001 in Plat Book 58 at Page 65 as Reception No. 458917. 39.Resolution No. 98-254, Resolution of the Board of County Commissioners of Pitkin County, Colorado, Approving the First Amendment to the Aspen Highlands Village Planned Unit Development Guide Regarding Floor Area Definitions as set forth in instrument recorded August 25, 1999 as Reception No. 434844. 40.Reservation by Hines Highlands Limited Partnership, a Delaware limited partnership of "any and all existing water, water structures and mineral rights" as contained in Special Warranty Deed recorded September 13, 1999 as Reception No. 435484. 41.Ordinance No. 8 (Series of 2000) An Ordinance of the City Council of the City of Aspen, Colorado, Approving the Annexation of Certain Territory of the City of Aspen, Colorado, to be known and Designated as the "Aspen Highlands Village PUD" Annexation as set forth in instrument recorded May 1, 2000 as Reception No. 442835. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 7 of 8 42.Easements, rights of way and other matters as shown and contained on Annexation Plat of the Aspen Highlands Village PUD recorded May 1, 2000 as Reception No. 442836. 43.Notice of Approval recorded August 30, 2000 as Reception No.446536. 44.Ordinance No. 36 (Series of 2000) An Ordinance of the City Council of the City of Aspen Approving the Initial Zoning of the Aspen Highland Village PUD as set forth in instrument recorded November 28, 2000 as Reception No. 449207. 45.Thunderbowl Restrictions Agreement recorded May 24, 2001 as Reception No. 454767. 46.Access Easement Agreement recorded May 24, 2001 as Reception No. 454768. 47.Access Easement Deed recorded May 24, 2001 as Reception No. 454770. 48.Easement Agreement recorded May 24, 2001 as Reception No. 454771 and Modification recorded April 27, 2015 as Reception No. 619368. 49.Waiver recorded May 24, 2001 as Reception No. 454772. 50.Assignment and Assumption Agreement recorded May 24, 2001 as Reception No. 454773. 51.Successor Designation recorded May 24, 2001 as Reception No. 454774. 52.Grant of Easement by and between Hines Highlands Limited Partnership, a Delaware limited partnership and the Water Department of the City of Aspen, a Colorado municipal corporation as set forth in instrument recorded May 13 2002 as Reception No. 467358. 53.Easement Agreement (Snowmelt) recorded June 11, 2002 as Reception No. 468562. 54.Resolution recorded February 20, 2002 as Reception No. 464115. 55.Declaration for Aspen Highlands Village Townhome Residences Thunderbowl Neighborhood recorded July 29, 2002 as Reception No. 470290 and re-recorded August 14, 2002 as Reception No. 470985. 56.Assignment Agreement recorded October 1, 2002 as Reception No. 472886. 57.Deck Easement Agreement recorded June 12, 2007 as Reception No. 538848. 58.Easement Agreement recorded June 12, 2007 as Reception No. 538849. 59.Easement Agreement recorded February 21, 2008 as Reception No. 546638. 60.Access Easement recorded May 24, 2001 as Reception No. 454769. 61.Assignment and Assumption Agreement recorded May 24, 2001 as Reception No. 454773. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 8 of 8 62.Trench, Conduit and Vault Agreement recorded February 13, 2002 as Reception No. 463930. 63.Certificate of Incorporation recorded July 26, 2002 as Reception No. 470272. 64.Articles of Incorporation recorded July 26, 2002 as Reception No. 470273. 65.Assignment of Declarant Rights recorded October 1, 2002 as Reception No. 472887. 66.Holy Cross Underground Easement recorded September 29, 2005 as Reception No. 515430. 67.Trench, Conduit and Vault Agreement recorded September 29, 2005 as Reception No. 515431. ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I - Requirements; and Schedule B, Part II - Exceptions; and a countersignature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 562350 ALTA Commitment For Title Insurance 8-1-16 File No.: 562350 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued: Rate Title Report: $500.00 DISCLOSURES File No.: 562350 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A.THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B.A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; C.INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that “Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 1 will not appear on the Owner’s Title Policy and the Lender’s Title Pol icy when issue d. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A.The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B.No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C.The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. D.The Company must receive payment of the appropriate premium. E.If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a.That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b.That such mineral estate may include the right to enter and use the property without the surface owner’s permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5, Paragraph C (11)(f), a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 562350 Revised 11-19-2013 Stewart Title Guaranty Company Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ·request insurance-related services ·provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 PRE-APPLICATION CONFERENCE SUMMARY DATE: July 10, 2019 PLANNER: Jeff Barnhill, 429.2752 PROJECT NAME AND ADDRESS: 117 Thunderbowl Lane (Aspen Highlands PUD) PARCEL ID# 273514212001 REPRESENTATIVE: Chris Bendon, BendonAdams DESCRIPTION: (Existing and Proposed Conditions) The property owner of 117 Thunderbowl Lane in the Thunderbowl Townhome Residences subdivision would like to amend the shape of the building envelope for Lot: 1, Block C, Unit 1. This property is in the Residential Multi-Family (RMF) zone district and the Aspen Highlands Village Planned Development. The applicant proposes to amend the current building envelope to enlarge an existing deck with remaining floor area. A reconfiguration, not an increase, of the existing building envelope is proposed, and no new non-conformitites may be created during this process. An envelope adjustment will require an insubstantial amendment to the Planned Development and approval of the Home Owners Association (form attached). The Applicant will need to respond to the criteria for Insubstantial Amendments, listed below. A.Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1.The request does not change the use or character of the development. 2.The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. 3.The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. 1.Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. 2.An applicant may not apply for Detailed Review if an amendment is pending. If approved, the Applicant will need to file an updated plat reflecting the new building envelope in accordance with Section 26.490 of the Land Use Code. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.445.110 PD - Insubstantial Amendments Exhibit 9 26.490 Approval Documents 26.575.110 Building envelopes 26.710.080 Residential Multi-Family (RMF) Zone District For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: •Staff for Complete Application •Staff for land use review REQUIRED LAND USE REVIEW(S): Insubstantial Planned Development Amendment PUBLIC HEARING: None PLANNING FEES: $1,300 Deposit for 4 hours of staff time (Additional hours will be billed at $325/hr) REFERRAL FEES: $650 – Parks Dept. Flat fee $325 – Deposit for 1 hour of Engineering (Additional hours will be billed at $325/hr) TOTAL DEPOSIT: $2,275 APPLICATION CHECKLIST – These items should first be submitted in a paper copy. Completed Land Use Application and signed Fee Agreement. Pre-application Conference Summary (this document). Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application. Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. HOA Compliance form (Attached to Application) A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and relevant land use approvals associated with the property. An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen. Written responses to applicable review criteria. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant’s representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. Subtract this area from Unit 1 and add it to HOA Common Area Add this area to Unit 1 and subtract it from HOA Common Area Exhibit 10 Add Blue to HOA Common Area Add Yellow to Unit 1 Exhibit 11 Thunderbowl Townhomes – Vicinity Map BY REVISIONS DATE Job: Sheet Date: Scale: Drawn: 01 5/18/2018Plotted On: 5/18/2018 AS NOTED BU I L D I N G EN V E L O P E SW A P ST U D Y C:\ Us e r s\ Ji m Ma u l h a r d t\ De s k t o p\ Th u n d e r b o w l de c k sw a p. pl n IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL 11:21 AM TH U N D E R B O W L BU I L D I N G E , UN I T # 1 DO U G RA G E R - AR C H I T E C T P . C . 17 8 0 S n o w m a s s C r e e k R d . S n o w m a s s , C o . 8 1 6 5 4 ( 9 7 0 ) 92 7- 1 7 8 0 TE L/ F A X AS P E N HI G H L A N D CO L O R A D O 150 sq ft 11' 24 ' 1' 6'-2 13/1 6 " 4'-9 3/16 " 150 sq ft "I" LINE : ABANDONED ELEC , TEL , CTV & GAS TRENCH . CONTRACTOR TO VERIFY WITH UTILITY COMPANIES PRIOR TO CONSTRUCTION . RE -ROUTED UTILITY LOCATION FOR ELEC , TEL , CTV & GAS . VERIFY PRIOR TO CONSTRUCTION . FINISHED GRADE ELEV . ( TYP .) 8 1 4 0 8148 8 1 4 2 8 1 4 4 8 1 4 6 SS INV 38.22 L.F . 8" W ELEV = 8116 .81 TOP OF PIPE 2" WS 8140 .75 8114 .34 8114 .34 172 .7' 812 4 8126 8104 810 6 810 0 80 9 0 8128 8130 8132 811 0 8134 8136 8138 8140 PAT H PAT H UNIT 3 B EUNIT 2 E UNIT 1 B U I L D I N G # 2 8120 TH U N D E R B O W L LA N E PA T H 8 1 3 0 812 8 ENT R Y P O R C H ENT R Y P O R C H PAT I O A R E A 20 ' SE W E R E A S E M E N T 8130 8120 810 2 810 4 810 6 810 8 811 2 811 4 811 6 811 8 812 0 812 2 811 0 10 'MI N . SKIWA Y 8 1 1 0 M A I N T A I N C O V E R O V E R E X I S T I N G 2 4 " C U L V E R T ( M I N I M U M 1 8 " ) BLO C K C B O U N D A R Y 16' DRIV E 16' DRIV E TH U N D E R B O W L LAN E 81 2 4 MAX B U I L D I N G H E I G H T 116'-1" AREA TO BE SWAPPED (+ Side) AREA TO BE SWAPPED (- Side) Easement Confirm PROPOSED NEW BUILDING ENVELOPE LINE PROPOSED NEW BUILDING ENVELOPE LINE PROPOSED NEW BUILDING ENVELOPE LINE EXISTING BUILDING ENVELOPE LINE EXISTING BUILDING ENVELOPE LINE 0 5' 10'20'SCALE: 1" = 10'1 BUILDING ENVELOPE SWAP STUDY Th o m a s w i l h e l m r e s i d e n c e t h u n d e r b o w l t o w n h o m e u n i t 1 1 1 7 t h u n d e r b o w l l n . as p e n c o . 8 1 6 1 1 Bl o c k C a s p e n h i g h l a n d s v i l l a g e Site Exhibit 12 BY REVISIONS DATE Drawn: Title: Drawing No.:7/17/20 1 8 Pl o t t e d On: D:\ar c h i c a d pr o j e c t fo l d e r\Do u g Ra g e r - Ar c h i t e c t Ar c h i c a d\_ Ne w Pr o j e c t Fo l d e r Ra g e r\Pr o j e c t PL N\PL N - BP N - BA C K U P S\Ne w Pr o j e c t Te m p l a t e Pi t k i n Co u n t y.bp n IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL 9:32 AM DO U G RA G E R - AR C H I T E C T P.C. 17 8 0 Sn o w m a s s Cr e e k Rd . Sn o w m a s s , Co. 81 6 5 4 (97 0 ) 92 7-17 8 0 TE L/FA X J.M Existing Deck Deck area calculations Main level upper level 168 s.f. total decks 168 s.f. 0 S.f. Unit 1 Unit 2 352 s.f. 182 s.f. 534 s.f. Proposed Deck area Total existing deck area for Units 1 & 2 = 702 s.f. 702 s.f. (Existing) + 280 s.f. (new) 982 s.f. Allowable deck area for units 1 & 2 = 15 % x 7000 s. f. = 1050 s.f. Allowable deck area 1050 s.f. less new deck area 982 s.f. deck area remaining 68 s.f. Existing DeckExisting Deck - All existing window & door openings, And exterior finishes will remain unchanged - Deck addition does not interfere with any existing Trees or landscaping -New deck railing to exactly match existing Existing deck 1/4 = 1’ - 0” Partial Floor Plan - Proposed new Deck addition 1/4 = 1’ - 0” Partial Floor Plan - Existing roof below to remain Existing roof below to be removed *Background is from certificate of occupancy permit drawing set, provided by the City of Aspen building department. 10’ - 0” 28 ’ - 0 ” Existing roof below to be removed 24’ - 0”10’ - 0” 24’ - 0” 7’ - 0 ” Existing roof below to remain Proposed New Deck - Pr o p o s e d N e w D e c k - Th o m a s W i l h e l m r e s i d e n c e t h u n d e r b o w l t o w n h o m e u n i t 1 1 1 7 t h u n d e r b o w l l n . A s p e n c o . 8 1 6 1 1 B l o c k C a s p e n h i g h l a n d s v i l l a g e A.202 BY REVISIONS DATE Drawn: Title: Drawing No.:7/17/20 1 8 Pl o t t e d On: D:\ar c h i c a d pr o j e c t fo l d e r\Do u g Ra g e r - Ar c h i t e c t Ar c h i c a d\_ Ne w Pr o j e c t Fo l d e r Ra g e r\Pr o j e c t PL N\PL N - BP N - BA C K U P S\Ne w Pr o j e c t Te m p l a t e Pi t k i n Co u n t y.bp n IF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL 9:32 AM DO U G RA G E R - AR C H I T E C T P.C. 17 8 0 Sn o w m a s s Cr e e k Rd . Sn o w m a s s , Co. 81 6 5 4 (97 0 ) 92 7-17 8 0 TE L/FA X J.M *Background is from the certificate of occupancy permit drawing set, provided by the City of Aspen building department. Existing deck Proposed new Deck addition Railing, Column & Beam Details to Exactly Match Existing Deck 10’ - 0” Existing deck and railing to remain, no changes. 1/4 = 1’ - 0” West Elevation - West Elevation - 1/4 = 1’ - 0” Th o m a s w i l h e l m r e s i d e n c e t h u n d e r b o w l t o w n h o m e u n i t 1 1 1 7 t h u n d e r b o w l l n . a s p e n c o . 8 1 6 1 1 B l o c k C a s p e n h i g h l a n d s v i l l a g e A.3.02 * Deck addition does not interfer with any existing trees or landscaping Exhibit 13 * - r-loop- -44mallpr „t✓E RRG ,S ,G_ 4� JCi,:cG 'LrG_ j, ^ ;3 ✓JirFJ vS vOFE ?'� +J J ...E�.:r.G _ 11 Lnr3 9.32 29 8G33; 406 1. 2 GF:r 7.27 4Glr 3d-2L3 f-, ! _.i 2"7' �9.8 .5L= -, 2937W 4z ,F y'2ni64 �_-7`47 y59 ° °; L6� 6`25E_.i' " r✓ 84.48 434 - E3.35 S792G'497/ n 32'29.z' '7 » ✓`49 -5 76.22 c„ 1rs33 604E 2' " 13 2' �: ! - C4 ZG .,G 26.23 ^ s 3 8 24 39 •Sr' 527- ,� 'E f! 75°GE ✓9 ' %E n i-r 4✓.�•✓ J. .Ec nr 7.,,,, ^3 .78 ;7u 34 37'r : 9 312,' , ," NG.CC 6C.7a 68 3✓..,E F.F' do ..., 9 �• S7 G4'4E J✓ `� `�2 3 1 C?9 4G Gv t 25 iO 12.9E 24.c9 -t-�G•4 r c �S ems.. s>„ of C6 LG3 4a _ 86.66 4n .4. ✓" E� ✓✓ r'E3°G2'38 '7l -: 24 24 . 6 ' C2G 4G. 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