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Home My WebLink About300 S Spring Exhibit C_Land Use Application •            Z-Group Architects, P.C. • 411 East Main Street, Aspen, CO. 81611 • Telephone: 970-925-1832 • Fax: 970-925-1371 September 10, 2019 Bob Narracci City of Aspen Community Development – Administrative GMQS Review Re: 300 South Spring Street Parcel ID 2737-182-27-117 On behalf of Art Museum LLC, Z-Group Architects is submitting this Land Use packet for Administrative GMQS Review to combine two commercial units into one. The project is located at 300 south spring and the two adjacent units are unit #300 and Unit # 301. The as-built drawing refers to unit #301 as #316 however that is not how it is actually numbered. The team is proposing to remove the demising wall in between the two units in order to create a more open studio space. The length of wall to be removed is roughly 19’-6” long and roughly 12” thick. The area being added from removing the wall is then 19.5 SF, however two columns will be added for structural support. From our study, the allotted 500 additional square feet allowed has not been used yet and we have full HOA approval. Sincerely, Z-GROUP ARCHITECTS Seth Hmielowski Art Museum, LLC PO Box 24540 Oklahoma City, OK 73124 August 30, 2019 Bob Narracci City of Aspen 1300 South Galena Street Aspen, CO 81611-1975 RE Land Use Administrative Review 300 S Spring St. Units #300& #301 Aspen, CO 81611 Mr. Narracci: On behalf of Art Museum, LLC, please accept this letter as written approval for Seth Hmielowski with Z- Group Architects to represent Art Museum, LLC for land use administrative review for the purpose of combining two commercial units in the 300 South Spring Street building. The units were two separate units which were purchased as one unit by the above entity in 2014. Subsequently, the unit was divided to allow for two office spaces. lt is our desire to combine the units again for the purpose of providing a yoga studio. As manager of Art Museum, LLC, I consent to the intended use of the above referenced property for the purpose of a yoga studio. Please I know if you have any further questions. F ran Manager, Art Museum, LLC CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE PACKET Attached is an Application for review of Development that requires Land Use Review pursuant to The City of Aspen Land Use Code: Included in this package are the following attachments: 1.Development Application Fee Policy, Fee Schedule and Agreement to Pay Application Fees Form 2.Land Use Application Form 3.Dimensional Requirements Form (if required) 4.HOA Compliance Form 5.Development Review Procedure All Application are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 of the Aspen Municipal Code is available at the City Clerk’s Office on the second floor of City Hall and on the internet at www.cityofaspen.com, City Departments, City Clerk, Municipal Code, and search Title 26. We require all applicants to hold a Pre-Application Conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. This meeting can happen in person or by phone or e-mail. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, inefficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case, contact Planner of the Day, or consult the applicable sections of the Aspen Land Use Code. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 Land Use Review Fee Policy The City of Aspen has established a review fee policy for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. A flat fee is collected by Community Development for applications which normally take a minimal and predictable amount of staff time to process. Review fees for other City Departments reviewing the application (referral departments) will also be collected when necessary. Flat fees are cumulative – meaning an application with multiple flat fees must be pay the sum of those flat fee. Flat fees are not refundable. A review fee deposit is collected by Community Development when more extensive staff time is required. Actual staff time spent will be charged against the deposit. Various City staff may also charge their time spent on the case in addition to the case planner. Deposit amount may be reduces if, in the opinion of the Community Development Director, the project is expected to take significantly less time to process than the deposit indicates. A determination on the deposit amount shall be made during the pre-application conference by the case planner. Hourly billing shall still apply. All applications must include an Agreement to Pay Application Fees. One payment including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required fee. The Community Development Department shall keep an accurate record of the actual time required for the processing of a land use application requiring a deposit. The City can provide a summary report of fees due at the applicant’s request. The applicant will be billed for the additional costs incurred by the City when the processing of an application by the Community Development Department takes more time or expense than is covered by the deposit. Any direct costs attributable to a project review shall be billed to the applicant with no additional administrative charge. In the event the processing of an application takes less time than provided for by the deposit, the department shall refund the unused portion of the deposited fee to the applicant. Fees shall be due regardless of whether an applicant receives approval. Unless otherwise combined by the Director for simplicity of billing, all applications for conceptual, final and recordation of approval documents shall be handled as individual cases for the purpose of billing. Upon conceptual approval all billing shall be reconciled and past due invoices shall be paid prior to the Director accepting an application for final review. Final review shall require a new deposit at the rate in effect at the time of final submission. Upon final approval all billing shall be again reconciled prior to the Director accepting an application for review of technical documents for recordation. The Community Development Director may cease processing of a land use application for which an unpaid invoice is 30 or more days past due. Unpaid invoices of 90 days or more past due may be assessed a late fee of 1.7% per month. An unpaid invoice o f 120 days or more may be subject to additional actions as may be assigned by the Municipal Court Judge. All payment information is public domain. All invoices shall be paid prior to issuance of a Development Order or recordation of development agreements and plats. The City will not accept a building permit for a property until all invoices are paid in full. For permits already accepted, and unpaid invoice of 90 days or more days may result in cessation of building permit processing or issuance of a stop work order until full payment is made. The property owner of record is the party responsible for payment of all costs associated with a land use application for the property. Any secondary agreement between a property owner and an applicant representing the owner (e.g. a contract purchaser) regarding payment of fees is solely between those private parties. COMMUNITY DEVELOPMENT CITYOFASPEN Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Property Owner Name. Art Museum LLC Address of Property,300 S Spring St Units 300 & 301 Aspen, CO 8'1611 Representative Name (if different from Property Owner):Seth Hmielowski Z Group Architects Contact Email for Billing'Billing Name and Address - Send Bills to, Family Offce $ 325 flat fee for ComDev $O flat fee for Select Dept flat fee for Select Dept flat fee for Select Dept Kristin [rartin PO Box 24540 Contact Phone for Billing, Oklahoma City, OK73124 401242-2479 I understand that the City has adopted, via Ordinance No,4o, Series of zot8, as may be amended, review {ees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees, I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 $0 For Deposit cases only' The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no- payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. lf actual recorded costs exceed the initial deposit, I agree to pay additional monthly Page 3 of 13 COMMUNITY DEVELOPMENT CITY OF ASPEN billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $32s-deposit for ]- hours of Community Development Department staff time. Additional time above the deposit amount will be billed at g325.oo per hour. $_ deposit for - hours of Engineering Department staff time. Additional time above the deposit amount will be billed at gs2s.oo per hour. City of Aspen, Jennifer Phelan, AICP Acting Community Development Director k Love Use: Fees Due: l- 3 l$rftr Page 4 of 13 ,.,,.. Manager, Art Museum LLC Case * November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: ___________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 DIMENSIONAL REQUIREMENTS FORM Project and Location ____________________________________________________________________ Applicant: ____________________________________________________________________________ Gross Lot Area: __________Zone Zone District: _______ Net Lot Area: __________ Please fill out all relevant dimensions Single Family and Duplex Residential Existing Allowed Proposed 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between buildings Proposed % of demolition ______ Commercial Proposed Use(s)____________________ Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off-Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition ______ Existing non-conformities or encroachments: Variations requested: **Please refer to section 26.575.020 for information on how to calculate Net Lot Area Multi-family Residential Existing Allowed Proposed 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback 7) Side Setbacks Proposed % of demolition ______ Lodge Additional Use(s)____________________ Existing Allowed Proposed 1) FAR (Floor Area Ratio) 2)Floor Area (square feet) 3)Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off-Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition ______ Complete only if required by the PreApplication checklist r COMMUNITY DEVELOPMENT CiTYOFASPEN Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be sinned by the property owner or Attorney representing the property owner. Name: Art Museum LLC Property Owner 01: Email familyoffice@loves.com Phone No.: 405-242-2479 (Kristin Martin) Address of 300 S Spring St Property: Unit 300 & Unit 301 (subject of Aspen, CO 81611 application) I certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I applicability, meaning or eff t that this document is a pu is d Owner signature: Owner printed d the City of Aspen does not interpret, enforce, or manage the covenants or homeowner association rules or bylaws. I understand Date: 0 -;50—( t Trustee, TEL 1999 GST Exempt Trust - FCL or, �%,,,-� I l a Attorney signature:�hW Date: Uy .I Attorney printed name: _Artty G Esq. Page 11 of 13 November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW PROCEDURE 1.Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2.Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the application and the appropriate processing fee to the Community Development Department. 3.Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether or not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4.Staff Review of Development Application. Once your application is determined to be complete, it will be reviews by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be referred to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5.Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The hearing(s) will be scheduled before the appropriate reviewing board(s). The applicant will be required to nail notice (one copy provided by the Community Development Department) to property owners within 30 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the hearing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing board(s). Staff will supply the Applicant with a copy of the Planning Staff’s memo approximately 5 days prior to the hearing. The public hearing(s) will take place before the appropriate review boards. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing board’s questions and decision. (Continued on next page) CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 6.Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7.Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined for its compliance with the Uniform Building Code. It will also be checked for compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, parks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will be reviewed and recorded before a Building Permit is submitted. ALTA Commitment For Title Insurance AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3 RD FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Nola Warnecke (nola@sopris.net) TJ Davis - (tjd@sopris.net) Joy Higens - (joy@sopris.net) Issued By Home Office: 875 Concourse Parkway South, Suite 200 Maitland, FL 32751 Telephone (407) 629-5842 ALTA Commitment Form (6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company"), for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Countersigned: Authorized Signature CO 1045 * * Pitkin County Title, Inc. 601 E. Hopkins #3 Aspen, CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the Proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000.00 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 23, 2019 at 8:00 AM Case No. PCT25447W 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: TO BE DETERMINED (b) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: (c) ALTA Loan Policy-(8/1/2016) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: ART MUSEUM LLC, AN OKLAHOMA LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: EXHIBIT "A" LEGAL DESCRIPTION UNITS 300 AND 301, 300 SOUTH SPRING STREET, A CONDOMINIUM, according to the Condominium Plat thereof recorded May 31, 2011 in Plat Book 97 at Page 1 and the Supplemental Condominium Plat recorded April 24, 2012 in Plat Book 99 at Page 79 and as described in the Declaration of Covenants, Conditions and Restrictions for 300 South Spring Street, a Condominium recorded May 27, 2011 as Reception No. 580190, Amendment No. 1 recorded August 1, 2011 as Reception No. 581586, Amendment No. 2 recorded December 14, 2011 as Reception No. 585109, Amendment No. 3 recorded April 24, 2012 as Reception No. 588448 and Supplemental Declaration recorded April 24, 2012 as Reception No. 588449. SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216. 8. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 150 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 9. Terms, conditions, provisions and obligations as set forth in Agreement recorded October 2, 1985 in Book 496 at Page 371. 10. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement recorded October 2, 1985 in Book 496 at Page 409. 11. Easements, rights of way and all matters as disclosed on Plats of subject property recorded October 2, 1985 in Plat Book 17 at Page 78 and First Amended Plat recorded August 29, 2006 in Plat Book 81 at Page 3 and Hannah Dustin Subdivision Plat recorded September 25, 2006 in Plat Book 81 at Page 44. 12. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 16, Series of 2006 by Aspen City Council recorded July 12, 2006 as Reception No. 526319. 13. Terms, conditions, provisions and obligations as set forth in Subdivision Agreement for Hannah Dustin Subdivision recorded September 25, 2006 as Reception No. 528933, Amendment thereto recorded November 9, 2006 as Reception No. 530875 and Amendment recorded May 2, 2012 as Reception No. 588709 and Amendment thereto recorded February 5, 2015 as Reception No. 617212 and Amendment recorded June 27, 2016 as Reception No. 630266. 14. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Second Amended and Restated Condominium Declaration for Hannah Dustin Condominiums recorded September 25, 2006 as Reception No. 528971 and Amendment thereto recorded March 10, 2008 as Reception No.547246, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 15. Terms, conditions, provisions and obligations as set forth in Revocable Encroachment Agreement recorded September 25, 2006 as Reception No. 528932. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City of Aspen Planning and Zoning Commission recorded October 26, 2006 as Reception No. 530237 as Resolution No. 09 (Series of 2006). 17. Terms, conditions, provisions and obligations as set forth in Non Disturbance Agreement recorded November 9, 2006 as Reception No. 530910. 18. Terms, conditions, provisions and obligations as set forth in Memorandum of Agreement Concerning Parking Garage and Subdivision Agreement recorded January 2, 2007 as Reception No. 532934. 19. Terms, conditions, provisions and obligations as set forth in Use and Occupancy Restriction recorded March 20, 2007 as Reception No. 535572. 20. Terms, conditions, provisions and obligations as set forth in Notice of Approval recorded July 30, 2007 as Reception No. 540462. 21. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded August 9, 2007 as Reception No. 540841. 22. Terms, conditions, provisions and obligations as set forth in Resolution of the Aspen Historic Preservation Commission, Resolution No. 4, Series of 2008 recorded March 28, 2008 as Reception No. 547895. 23. Terms, conditions, provisions and obligations as set forth in Resolution of the Aspen Historic Preservation Commission, Resolution No. 12, Series of 2008 recorded June 26, 2008 as Reception No. 550530. 24. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City Council of the City of Aspen, Colorado recorded March 5, 2009 as Reception No. 556911 as Resolution No. 13 (Series of 2009). 25. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the City Council of the City of Aspen recorded September 4, 2009 as Reception No. 561638 as Resolution No. 37-B (Series of 2009). 26. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Declaration of Covenants and Restrictions for 300 South Spring Street, a Condominium recorded May 27, 2011 as Reception No. 580190, Amendment No. 1 recorded August 1, 2011 as Reception No. 581586, Amendment No. 2 recorded December 14, 2011 as Reception No. 585109, Amendment No. 3 recorded April 24, 2012 as Reception No. 588448 and Supplemental Declaration thereof recorded April 24, 2012 as Reception No. 588449, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 27. Easements, rights of way and all matters as disclosed on the Condominium Map of 300 South Spring Street recorded May 3, 2011 in Plat Book 97 at 1 and Supplemental Condominium Map of 300 South Spring Street recorded April 24, 2012 in Plat Book 99 at Page 79. 28. Terms, conditions, provisions and obligations as set forth in Partial Assignment of Declarant Rights recorded August 1, 2011 as Reception No. 581587. 29. NOTE: The title commitment is subject to underwriting approval. The Company reserves the right to make changes to the requirements and exceptions. ENDORSEMENT SCHEDULE FOR LENDERS POLICY FILE NO: PCT25447W BORROWER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: Form: $ Form: $ Form: $ Form: $ Form: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT25447W SELLER: ART MUSEUM LLC, AN OKLAHOMA LIMITED LIABILITY COMPANY BUYER: TO BE DETERMINED The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 is $55.00 A satisfactory affidavit and agreement indemnifying the Company against any defects, liens, encumbrances, adverse claims, or other matters known by Seller and Buyer. The Company hereby reserves the right to make additional requirements as may be deemed necessary in the event information regarding defects, liens, encumbrances, adverse claims, or the like are discovered. The fee for deleting exception 4 is $10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage and any additional requirements deemed necessary by the Company. The Company hereby reserves the right to deny any of the above coverage's at its sole discretion. PITKIN COUNTY TITLE, INC. Disclosures Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse to record or file any document that does not conform to the requirements of this section. Pursuant to C.R.S. 30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as a part of such services until those funds have been received and are available for immediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with the disclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased has not been the subject of construction, improvements or repairs in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to revision and approval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1-3. 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 NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company ("WLTIC") values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agents, lenders, appraisers, surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims administration and accounting. Information Sharing Generally, WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. W 0 o a ►-N h+.l W a00C"I1 � � Wu]C6L? o� xao w -m w[r Fq PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 8910 354 425 REFERENCE:PCT25447W/TO BE DETERMINED