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HomeMy WebLinkAboutcoa.lu.co.100 E Main St.0043.2017.ASLUST 0043.2017.ASLU MINIUMAZATION 2735124012011 PATH: G/DRIVE /ADMOISTRATIVE/ADMIN/LANDUSE CADOCS C7j THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0043. 2017.ASLU 100EMAIN ST 2735 124 01201, 02,03 HILLARY SEMINICK CONDO MINIUMAZATION RICHARD NEILEY AUGUST 18, 2017 CLOSED BY ANGIE SCOREY 10.30.17 External Media Located Here M-016235 RMMI Permits: 9 File Edit Record Navigate Form Reports Format Tab Help cal 3.20(7- -1D6&,N ° PX 2-3AM f--� --_ �A2J + v Main Custom Fields Routing Status Fee Summary Actions Routing History 8 Permit type �slu AsGen Lan --Use Permi N I Address 1 CC E MAIN S- AptrSui to C --r City JASPEN Staff Zp 1 11 x Permit Information JE MasterpermitF— Routing queue aslu1E A F z Project Status Fending 0 ti Description APPLIC.HTION FOR COND01drNIUMAZATION Submitted I RICHA.RD Y NEILEY JR 920 1280 Submitted vial IF Appli 06J012617 Approved Issued Closed;l`inal Clock Running Days F70 Expires O,,vner Last name 1 CC E 1dA.UJ STR LLC First name 1 CC E MAIN ST ASPEN CO 81£11 Phone (970)92C-128C Address Applicant R owner is applicant? ❑ Contractor is applicant? Last name 1 CC E MAIN STR LLC First name �— —� 1 CC E MAIN ST ASPEN CO 81611 Phone i 9 r C 92C-12E•C =Cust x 12972E Address Email Lender Last name First name Phone ( Address C�� zl yg3 AspenGold5 (server) angelas I of i A V �,rn 43ZS•cra H -eEEEJ ma 0 I I RECEPTIONM 640872, 08/23/2017 at 12:5.I 00 PM, Pgs 2 of 2, Janice K. Vos Caudill, Pitkin ,CO a Nt :a P[=4 F W 8 • 0 NOTICE OF APPROVAL For a Plat Vacation of Aspen Clinic Building Condominium 1 100 E. Main Street Parcel ID: 2735-124-01-801, 2735-124-01-201, 2735-124-01-202, 2735-124-01-203 APPLICANT: 100 E. Main Street, LLC c/o Aspen Starwood, LLC 623 E. Hopkins Avenue, Aspen, CO 81611 970-920-1280 REPRESENTATIVE: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 420 E. Main Street, Suite 240 Aspen, CO 81611 970-928-9393 SUBJECT & SITE OF APPROVAL: A plat vacation permitting the vacation of the Aspen Clinic Building Condominium (Plat Book 60, Page 48), located at 100 E. Main Street ZONING: Mixed Use (MU), Main Street Historic District SUMMARY: The Aspen Clinic Building Condominiums is a three -unit office building development that was condominiumized in 2002 upon filing a condominium plat with the Pitkin County Clerk and Recorder at Plat Book 60, Page 48 on April 16, 2002. The initial condominium declaration was subsequently recorded at Reception No. 466267 on April 18, 2002. The City of Aspen is not a party to said declaration. Historic Preservation Commission Resolution No. 14 (Series of 2014) granted .Minor Development and GMQS Reviews for the subject property for to convert the majority of the second floor of the building from commercial space to one residential unit. The balance of the second floor is identified as commercial use, an enclosed shared entry space, and an unenclosed shared hallway/egress. The vacation of the condominium will allow for a new condo plat to be submitted for the property currently under construction pursuant to building permit number 0054.2014.ACBK. A proposed condo plat is included land use case number 0043.2017.ASLU but is not part of this Notice of Approval. STAFF EVALUATION: Vacation of an approved condominium plat is reviewed and approved by the Community Development Director `for good cause'. Staff finds that the request of vacating a condominium plat to allow for a new condo plat that will reflect the changes associated with the active building permit. Illlil IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIIII IIIII IIIIIII II IIII RECEPTION#: 640871, R: $18.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 2, 08/23/2017 at 12:57:59 PM Janice K. Vos Caudill, Pitkin County, CO 0 DECISION: The Community Development Director finds the request to vacate the plat of the Aspen Clinic Building Condominium at 100 E. Main Street to be for good cause and thereby, APPROVES the plat vacation. APPROVED BY: It/ dolm lZ of�T CjJssica Garrow Date ommunity evelopment Director City of Aspen Attachments: Exhibit A — Application (Not recorded) • APPLICATION FOR VACATION OF CONDOMINIUM MAP AND DECLARATION AND FOR APPROVAL OF NEW CONDOMINIUM MAP 100 East Main Street LLC 100 East Main StreetptECEIVED Aspen, Colorado 81611 p MAY 17 2017 CITY OF � ��MT C� PROPERTY OWNER/APPLICANT: REPRESENTATIVE: 100 East Main Street LLC c/o Aspen Starwood, LLC 623 East Hopkins Aspen, CO 81611 (970) 920-1280 aspenstarwoodggmail.com PROPERTY: Richard Y. Neiley, Jr. Neiley Law Firm, LLC 420 East Main Street, Suite 240 Aspen, CO 81611 6800 Highway 82, Suite 1 Glenwood Springs, CO 81601 (970)928-9393 aspenlawkneileylaw.com 100 East Main Street, City of Aspen, State of Colorado Parcel ID Nos. 273512401201, 273512401202 and 273512401203 • 0 APPLICATION FOR VACATION OF CONDOMINIUM MAP AND DECLARATION AND FOR APPROVAL OF NEW CONDOMINIUM MAP Applicant, 100 East Main Street LLC, is the owner of the real property that is the subject of this Land Use Application, presently known as the Aspen Clinic Building Condominium located at 100 East Main Street, Aspen, Colorado. The Applicant seeks a decision of the City of Aspen Community Development Director approving the vacation of the existing Condominium Map and Declaration for Aspen Clinic Building Condominium and approval of a new map for 100 East Main Street Condominiums. REQUEST FOR APPROVAL TO VACATE EXISTING CONDOMINIUM MAP AND DECLARATION In accordance with the provisions of the City of Aspen Land Use Code, Section 26.480.050.A, vacation of the documentation resulting in condominiumization of real property requires approval of the City of Aspen Community Development Director. Applicant seeks to vacate the existing condominium regime and record a new Condominium Map, a draft of which is submitted herewith, as discussed below. Proof of ownership is appended hereto as Attachment No. 1, comprised of the Applicant's attorney's Certificate of Ownership with attached Deeds and Statement of Authority. A letter authorizing the Neiley Law Firm, LLC to process this Land Use Application with the consent of the Owner is appended hereto as Attachment No. 2. A Vicinity Map is appended hereto as Attachment No. 3 The property was originally condominiumized in March of 2002. The property is presently comprised of three (3) condominium units as described in the Condominium Declaration for Aspen Clinic Building Condominium, appended hereto as Attachment No. 4. The City is not a party to that Declaration. The Map of Aspen Clinic Building Condominium is appended hereto as Attachment 5. In order to complete the redevelopment of the improvements on the property, it is necessary to first vacate the existing condominium regime. The Applicant seeks the approval of the City of Aspen Community Development Director in the form of a decision authorizing the vacation of the Aspen Clinic Building Condominium Map, recorded March 16, 2002, in Plat Book 60 at Page 48, and the Condominium Declaration of Aspen Clinic Building Condominium, recorded April 16, 2002, as Reception No. 466267. Page 1 of 2 REQUEST FOR CONDOMINIUM MAP APPROVAL The Applicant seeks administrative subdivision approval for the condominiumization of its real property located at 100 East Main Street, Aspen, Colorado. The condominiums, when approved, will be known as 100 East Main Street Condominiums. The Applicant seeks approval pursuant to the procedures for review set forth in City of Aspen Land Use Code §26.480.030.A. That section provides for approval of condominiumization pursuant to §26.480.050.A. That section of the Land Use Code establishes a procedure for review and approval of a proposed Condominium Map. The proposed Map submitted herewith as Attachment 6 complies with the style and format prescribed in Title 29 — Engineering Design Standards, Plats, subject to any comments from the Engineering Department and any necessary revisions. The condominiumization is for a conforming property for which mixed residential and commercial uses are permitted by right. The Applicant is proceeding with construction and remodel of the existing building pursuant to all necessary permits issued by the City of Aspen. The proposed Map depicts the units to be established through condominiumization. The Applicant will record a Condominium Declaration in conjunction with the recordation of the approved Map. The proposed condominiumization is limited to allocating ownership interests in a single parcel of land and will not create a division of the parcel into multiple lots and will not result in a change of use of the property, except as to the upper level of the building which will become residential. The Applicant has submitted to the City a Certificate of Affordable Housing Credit, No. 0015, in connection with the redevelopment of the building. This proposal is compliant with all applicable sections of the Land Use Code. The Applicant respectfully requests approval of the proposed Condominium Map by the Community Development Director. The City of Aspen Pre -Application Conference Summary dated City's Homeowner Association Compliance Policy and the Agreement to are appended as Attachment Nos. 7, 8 and 9, respectively. Also submitted herewith is our check in the amount of $325.00. January 23, 2017, the Pay Application Fees Page 2 of 2 Pi • ATTACHMENTS Authorization to Represent 2. Certification of Ownership, along with Deeds and Certificate of Authority 3. Vicinity Map 4. Aspen Clinic Building Condominium Declaration 5. Map of Aspen Clinic Building Condominium 6. Proposed Condominium Map for 100 East Main Street Condominiums 7. Pre -Application Conference Summary 8. Homeowners Association Compliance Policy 9. Agreement to Pay Application Fees • C� ATTACHMENT 1 100 EAST MAIN STREET LLC c/o Aspen Starwood LLC 623 East Hopkins Avenue Aspen, CO 81611 (970) 920-1280 May 15, 2017 City of Aspen Community Development 130 South Galena Street Aspen, CO 81611 RE: 100 East Main Street, City of Aspen State of Colorado — Parcel ID Nos. 273512401201, 273512401202 and 273512401203 Dear Sir/Madam: Please accept this letter as authorization for Richard Y. Neiley, Jr. and the Neiley Law Firm, LLC, aspenlaw(a-)neileylaw.com, to represent 100 East Main Street LLC in connection with a Land Use Application for Vacation of Condominium Map and Declaration and for Approval of New Condominium Map for the above -referenced property. 100 EAST MAIN STREET LLC By: -- i Mark Friedland, Manager Aspen Starwood, LLC, Manager of 100 East Main Street LLC • s ATTACHMENT 2 0 ! CERTIFICATION OF OWNERSHIP The undersigned, Richard Y. Neiley, Jr., an attorney licensed to practice law in the State of Colorado, Colorado Attorney Registration No. 9878, hereby certifies as follows: 1. The owner of the real property located at 100 East Main Street is 100 East Main Street LLC, a Colorado limited liability company. The three (3) Deeds vesting title to the owner were recorded on July 16, 2013, as Reception Nos. 601417, 601418 and 601419, and are appended hereto. 2. There are no mortgages, judgments, liens, easements, contracts or agreements affecting the use and development of the subject real property or that could conflict with the approvals requested for the property, except for a Deed of Trust in favor of First Bank recorded May 26, 2015, as Reception No. 620124. 3. The address of the property is 100 East Main Street, Aspen, Colorado 81611. The Parcel ID Nos. are 273512401201, 273512401202 and 273512401203. 4. There are no mineral reservations and there are no third parties who own any mineral interests in the subject real property. 5. There is legal access to the subject real property via Main Street, a public right of way. 6. The manager and authorized representativ for 100 East Main Street LLC is Aspen Starwood, LLC. The manager and authorized representative en Starwood, LLC is Mark Friedland. A Certificate of Authority is appended hereto. i Y. NEILEY, JR. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) The foregoing Certificate of Ownership was acknowledged and signed before me this ! day of May, 2017, by RICHARD Y. NEILEY, JR. WITNESS my hand and official seal. My commission expires: ( ` '-� � ` CONNIE A. WOOD NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19944009825 Notary Public Ocmmission Expires June 24, 2018 RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 1 OF 3, R $21.00 DF $152.50 Janice K. Vos Caudil0itkin County, CO Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: July 15, 2013 S 152.50 THIS DEED, made on July 15, 2013 by ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor(s), of the County of PITKIN and State of COLORADO for the consideration of ($1,525,000.00) ••• One Million Five Hundred Twenty Five Thousand and 00/100 1*1 dollars in hand paid, hereby sells and conveys to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611, County of PITKIN, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit: UNIT 1, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO.466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 100 E MAIN ST # 1 ASPEN CO 81611 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY COMPANY nK ,12 /,, ��, E W, MANAGER State of COLORADO ss. County of PITKIN Ca t '1 ..Y.".::-roc •. � YMET r PA0 oATE FirFhA,-pO.g4po(S 7-Ica-(3 HAE i T PAID DATE RPp *— NO. The foregoing instrument was acknowledged before me on this day of July 15, 2013 by GEORGE TRANTOW AS MANAGER OF ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC, A COLORADO LIMITED LIABILITY ANY JANICE L. JOHNSON NOTARY PUBLIC fWRecordedRetumto: is STATE OF COLORADO sion expires NOTARY 10 19964006618 --._, Cinmmisslon..Expires_ April 19,2016 100 EAST MAIN STREET LLC, A COLORADO LIMITS 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 01611 I.8f1(jT Form 130B2 09/2008 wd.open.udt Warranty Deed Open (Photographic) ARB62005274 (17104648) `"""'"'" `°'""" RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin Couro CO • EXHIBIT A Property Address: 100 E MAIN ST # 1 ASPEN CO 81611 RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5, 18841N BOOK 23 AT PAGE 20, JANUARY 28, 18851N BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED March 01, 1897IN BOOK 139 AT PAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE #2, SERIES OF 1961 RECORDED May 01,1961 IN BOOK 194 AT PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAY 31, 1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL 25, 1996 UNDER RECEPTION NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LETTER AGREEMENT RECORDED April 30, 1970 1N BOOK 248 AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PACE 51. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED June 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTAL AGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED 1N EASEMENT AGREEMENT RECORDED August 02, 1996 UNDER RECEPTION NO. 395469. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO.410027. Form 13100 08/2008 b2exhibit.cscrow.odt ABB62005274 1171046471 RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin Cou* CO EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLINIC BUILDING CONDOMINIUM RECORDED April 16, 2002 UNDER RECEPTION NO. 466266. RESTRICTIVE COVENANTS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT' THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED April 16, 2002, UNDER RECEPTION NO. 466267. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. ANY LOSS OR DAMAGE RESULTING FROM THE FACT THAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO.466266 AND THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO, 466267, DO NOT MEET WITH CURRENT CCIOA STANDARDS. Form 13100 082008 b2exhibit.escrow.odt ABB62005274 117104647) RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 1 OF 3, R $21.00 DF $133.25 Janice K. Vos CaudilI*itkin County, CO • State Documentary Fee Warranty Deed Date: July 15, 2013 (Pursuant to 38-30-113 C.R.S.) $133.25 THIS DEED, made on July 15, 2013 by GARY FREEDMAN AND DONNA FREEDMAN AND LOWELL J. MEYER AND ELEANOR F. MEYER Grantor(s), of the County of PITKIN and State of COLORADO for the consideration of (51,332,500.00) •** One Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 ••• dollars in hated paid, hereby sells and conveys to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133 PROSPECTOR ROAD, SUITE 4102, ASPEN, CO 81611, County of PITKIN, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit: UNIT 2, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 IN PLAT BOOK 60 AT PAGE 48 UNDER RECEPTION NO.466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 100 E. MAIN STREET, UNIT 2. ASPEN, CO 01611 and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 4T YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED PORATED HEREIN, DONNA WELLJ. MEYfft EL PMEYE) �j� State of COLORADO County of PITKIN ) ss. '� iT FMD DATE REF /p, NO. L/(op Y4 7- CITY Gr- AV".-N i'PIE'i T PAID DATE RE� NO. -7- /& - r3 41w y9 M HNSONUBLICLORADO64006618s April 19. 2016 The foregoing instrument was acknowledged before me on this day of July 15, 2013 by GARY EDD MAN, O A FREEDMAN, LOWELL J. MEYER AND ELEANOR F. MEYER c Notary tc ao My ce ission expires When Recorded Return to:" 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 133 PROSPECTOR ROAD, SUITE 4102, ASPEN, CO 81611 Form 13082 09/200B wd.upen.odt Warranty Deed Open (Photographic) ABB62005271 (17099034) "— RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin Cour* CO • EXHIBIT A Pmperry Address: 100 E MAIN ST # 2 & 3 ASPEN CO 81611 EXISTING LEASES AND TENANCIES, IF ANY. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5, 1884 IN BOOK 23 AT PAGE 20, JANUARY 28, 1885 IN BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED March 01, 1897 IN BOOK 139 AT PAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE #2, SERIES OF 1961 RECORDED May 01, 1961 IN BOOK 194 AT PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAY 31, 1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL 25, 1996 UNDER RECEPTION NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LETTER AGREEMENT RECORDED April 30, 1970 IN BOOK 248 AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED June 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTAL AGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED August 02, 1996 UNDER RECEPTION NO.395469. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO. 410027. Form 13100 08R008 b2exhibit.escrow.odt ABB62005271 117099035) RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin Counj& CO 0 EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLINIC BUILDING CONDOMINIUM RECORDED April 16, 2002 UNDER RECEPTION NO.466266. RESTRICME COVENANTS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED April 16, 2002, UNDER RECEPTION NO. 466267. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. ANY LOSS OR DAMAGE RESULTING FROM THE FACT THAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO.466266 AND THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, DO NOT MEET WITH CURRENT CCIOA STANDARDS. Form 13100 08/2008 b2exhibic.escrow.odr ABB62005271 (17099035) RECEPTION#: 601419, 07/16/2013 at 03:42:33 PM, 1 OF 3, R $21.00 DF $29.25 Janice K. Vos Caudill 9tkin County, CO • Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: July 15, 2013 $29.25 THIS DEED, made on July 15, 2013 by GARY FREEDMAN AND DONNA FREEDMAN AND LOWELL J. MEYER AND ELEA 4OR F. MEYER Grantor(s), of the County of PITKIN and State of COLORADO for the consideration of ($292,500.00) ••• Two Hundred Ninety Two Thousand Five Hundred and 00/100 *11 dollars in hand paid, hereby sells and conveys to 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611, County of PITKIN, and State of COLORADO, the following real property in the County of Pitkin, and State of Colorado, to wit: UNIT 3, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 IN PLAT BOOK 60 AT PAGE 48 UNDER RECEPTION NO.466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, COUNTY OF PITKIN, STATE OF COLORADO. also known by street and number as: 100 E. MAIN STREET, UNIT 3, ASPEN, CO 81611 with is app nances and warrants the tide to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 13 S QUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED O A NCORPORATED HEREIN. 11 M/1 DONNA FREEDMAN �,l ri!)V'• N R[P' F" L i1 o t v F-REi"T PAID DATE % ` DATE Rap 0 NO.4 �1 J l" Z- I1.- (-"-, 7 LOWELL J. MEYFU U E R State of COLORADO ) ss. County of PITKIN ) The foregoing instrument was acknowledged before me on this day of July 15, 201 by GARY EDMAN,DON EDMAN, LOWELL J. MEYER I g bQj ION NOTARY PUBLICC STATE OF COLORADO NOTARY ID 19964008618 Notary n/1/ My Commission Expires April 19. 2016 My co,sion expires When orded Return to: 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY 133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611 Form 13082 0912008 wd.open.odt Warranty Deed Open (Photographic) ABB62005271 1171146491 "+"`"""" RECEPTION#: 601419, 07/16/2013 at 03:42:33 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin Cou0 CO • EXHIBIT A Property Address: 100 E MAIN ST # 2 & 3 ASPEN CO 81611 EXISTING LEASES AND TENANCIES, IF ANY. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 5, IBM IN BOOK 23 AT PAGE 20, JANUARY 29, 1895 IN BOOK 23 AT PAGE 105 AND OCTOBER 7, 1887 IN BOOK 59 AT PAGE 14, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBYACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED March 01, 1897 IN BOOK 139 AT PAGE 216. TERMS, RESERVATIONS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH IN ORDINANCE tt2, SERIES OF 1961 RECORDED May 01, 1961 IN BOOK 194 AT PAGE 7. TERMS, CONDITIONS, RESTRICTIONS AND RESERVATIONS OF EASEMENTS AND RIGHT OF WAY AS SET FORTH IN DEED RECORDED MAY 31, 1963 IN BOOK 202 AT PAGE 429 AND DEED RECORDED APRIL 25, 1996 UNDER RECEPTION NO. 392094. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN LETTER AGREEMENT RECORDED April 30,1970 IN BOOK 248AT PAGE 231 AND QUIT CLAIM DEED THERETO RECORDED DECEMBER 21, 1973 IN BOOK 282 AT PAGE 761. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE p60, SERIES OF 1976 RECORDED DECEMBER 9, 1976 IN BOOK 321 AT PAGE 51. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED June 05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTAL AGREEMENT RECORDED MAY 12, 1992 IN BOOK 677 AT PAGE 530. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED August 02, 1996 UNDER RECEPTION NO.395469. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN REVOCABLE ENCROACHMNET AGREEMENT RECORDED October 29, 1997 UNDER RECEPTION NO. 410027. Form 13100 OB/200B b2exhlbit.escrow.odt ABB62005271 117099035) RECEPTION#: 601419, 07/16/2013 at 03:42:33 PM, 3 OF 3, Janice K. Vos Caudill, Pitkin Coup CO • EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN CLINIC BUILDING CONDOMINIUM RECORDED April 16, 2002 UNDER RECEPTION NO.466266. RESTRICTIVE COVENANTS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED April 16, 2002, UNDER RECEPTION NO.466267. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 9 OF SAID DECLARATION. ANY LOSS OR DAMAGE RESULTING FROM THE FACTTHAT THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO.466266 AND THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267, DO NOT MEET WITH CURRENT CCIOA STANDARDS. Form 13100 OB200B b2exhibit.e9crow.odt ABB62005271 f17099035) RECEPTION#: 620123, 05/26/2015 at 09:10:53 AM, 1 OF 1, R $11.00 DF $0.00 Janice K. Vos Caudill, 40kin County, CO 0 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity' named 100 East Main STREET LLC and is executed on behalf of the entity pursuant to provisions of Section 38-30-172, C.R.S. 2. The type of entity Is a: ❑ Trust ❑ Limited Liability Partnership ❑ Corporation ❑ Limited Liability Limited Partnership ❑ Nonprofit corporation Limited Liability Company ❑ General Partnership ❑ Government or Governmental subdivision or agency ❑ Limited Partnership ❑ Other 3. The entity is formed under the laws of (state): Colorado 4. The mailing address for the entity is: 133 Prospector Rd Ste 4102 B Aspen CO 81611-3389 S. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity Is/are: Main Investment LLC, Manager By: Aspen Starwood LLC, Manager By: Mark Friedland, Manager 6. The authority of the foregoing person(s) to bind the entity isz 0 Not Limited ❑ Limited as follows: Executed this 20th day of hay 2015 Authorized Signature(s) Main Investment LLC, Manager By: Aspen Starwood LLC, Manager By: Mark Friedland, Manager Signature Signature State of: County of: The foregoing Instrument was acknowledged before me this _� day of May 1 20 i5 by Mark Friedland, Manager of Aspen Starwood LLC Manager of Main Investment LLC Manager of 100 East Main $tTeet f . NANCY MENENDEZ Witness my hand and official seal. I " ( PUBLIC tot ry Public STATE OF COLORADO NOTARY ID 20124038820 My Commission Expires: .. �• ` �COMMISSION E7(PIRES JUL 19, 2016 ' This form should not be used unless the entity is capable of holding title to real property 2 The absence of any limitation shall be prima facie evidence that no such limitation exists. The statement of authority must be recorded to obtain the benefits of the statute. �S4t.2S2CD RECEIViEr) MAY 17 2017 CITY OF ASPEN fi n" DEYEIOPkiEN7 • ATTACHMENT 3 0 0 g k m g ■ § ® ƒ / \ \m - 2 \ _kj ] o \) } 13130 f ] . ML //ƒ mck z� _ . i co 26 ` §\( ^ =o -. /f\: oeoa § ° '- Cc <§a( ■ .y_ \}d{ 0 �® ,i . � . rz©• �� \pk{ EL \ ^ k� 04� \ \ Q \ w `■^ »2k° JW Z. M k k f o 2E / �0 (E0 $ - � $ \ k / s � � \ � a - � � « k . � e ■ \ , ( - w : \ LLJy \ o \ ` � ■# a � / ¥ \ § � - •. � / f � fn ATTACHMENT 4 • CONDOMINIUM DECLARATION OF ASPEN CLINIC BUILDING CONDOMINIUM Name of the Common Interest Community: ASPEN CLINIC BUILDING CONDOMINIUM Name of the Association: ASPEN CLINIC BUILDING Persons executing the Declaration: ASPEN CLINIC BUILDING ORTHOPAEDIC GROUP, LLC and ASPEN CLINIC BUILDING INTERNAL MEDICINE GROUP, LLC Legal Description of Property: Lots K and L, and the Westerly 10 feet of even width of Lot M, and the Southerly 10 feet of even width of the alley through the block adjacent and contiguous to said two lots and 10 feet, all in Block 66, City and Townsite of Aspen, Pitkin County, Colorado, together with the covenants contained in and set forth in deed recorded May 31, t 963 in Book 202 at Page 429, Reception No. 115560, of the Pitkin County Records. Also known by street number as: 100 E. Main St., Aspen, Colorado. 4 .6267 P002 a : 1 of 16 SILVIA DAVIS PITKIN COUNTY 00 R 80.00 4918D20 0010:38F CONDOMINIUM DECLARATION OF ASPEN CLINIC BUILDING THIS CONDOMINIUM DECLARATION ("Declaration") is made this day of , 2002, by Aspen Clinic Building Orthopaedic Group, LLC and Aspen Clinic Building Internal Medicine Group, LLC, both Colorado limited liability companies. RECITALS A. Declarants are the owners of real estate in the County of Pitkin, State of Colorado described on Page I of this Declaration (herein after the "Real Estate" or "Common Interest" Community). B. Declarants wish to create a Condominium Common Interest Community in which portions of the Real Estate are designated for separate ownership and use by the Owners and the remainder of which is designated for common ownership and use by the Owners. C. The creation of this Condominium Common Interest Community constitutes a subdivision exemption pursuant to the City of Aspen Land Use Code. D. Any alteration, change, expansion, modification of any structure in the Condominium Common Interest Community may require the approval of the City of Aspen, Colorado. E. The partition of any interest in this Condominium Common Interest Community is prohibited. By becoming part of this Condominium Common Interest Community, any right to maintain a legal partition action for physical partition is forever waived. THEREFORE, Declarants state as follows: ARTICLE I SUBDIVISION; DEFINED TERMS Section 1.1 Submission of Real Estate. Declarants hereby declare that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each owner thereof (hereinafter the "Declaration"). Declarants hereby submit the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.RS. 38-33.3-101, et seq., as the same may be amended from time to time (hereinafter the "Act"). In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. Page 2 11! 466267 + 1 Pago: 2 of 16 04/ 16/ SILVIR DAVIS PITKIN COUNTY CO R 80.00 �Z0 0010.38E Section 1.2 Defined Term . Each capitalized term not otherwise defined in this Declaration or on the Condominium Map of the Asj en Clinic Building -Condominium recorded as Reception No�� in Plat Book � at Page � of the Pitkin County Clerk and Recorder's records (hereinafter the "Map") and used herein or on the Map shall have the meanings specified or used in the Act. ARTICLE 2 NAMES Section 2.1 Names. a. Common Interest Community. The name of the Common Interest Community is the Aspen Clinic Building Condominium, a Condominium. b. Association. The name of the Association is the Aspen Clinic Building Condominium Association, an unincorporated association. ARTICLE 3 THE ASSOCIATION Section 3.1 Authori . The business affairs of the Common Interest Community shall be managed by the Association. Section 3.2 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated association pursuant to the Act. Except as otherwise provided in this Declaration, when approval of the members of the Association is required, the Association may only act upon the unanimous consent of its Unit 1 Member Group and its Unit 2 Member Group, and neither Member Group acting alone shall have the power to act for or bind the Association. Section 3.3 Member Groups. The Association shall have two (2) member groups, the Unit l Member Group, which is attached to Unit 1 and 3, and the Unit 2 Member Group, which is attached to Unit 2. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit and shall automatically cease when such individual(s) or entity(ies) no longer have an ownership interest therein. Section 3.4 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors. The Unit I Member Group and the Unit 2 Member Group shall each appoint one director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.7 below. Section 3.5 Notice to Owners. Any notice to an Owner of matters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice Page 3 I 466267 II Pape: 3 of I6 III illili IIII 04/ 16/2002 10 III lily II 38F II IIIIHIIIIIII SILVIA DAVIS PITKIN COUNTY CO R ae.oe D 0.00 0 is in writing and is delivered personally, by courier or private service delivery on the third business day after deposit in the mail regular first class postage prepaid, at the address of record for real property tax assessment notices with respect to that Owner's Unit. Section 3.6 Waiver of Lien Priority Rights. Notwithstanding the provisions of Section 5.2 below, Declarants and each Owner understand and intend that, by use of an unincorporated association, the Association will not have the benefit of lien priorities provided in the Act for incorporated associations. Section 3.7 Deadlock. a. Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a member of the Executive Board to the other member of the Executive Board after a formal vote in which a member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount of insurance, (ii) the company to provide the insurance or the budget therefor, (Ili) the required degree of maintenance, (iv) the manner in which maintenance will be accomplished, including without limitation the company (if there is to be one) to provide or manage the maintenance, or (v) the budget for maintenance. In all other instances, the failure of the Executive Board to agree shall mean that no decision is made. b. Breaking a Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves the issue shall be made by a person (the "Arbitrator") appointed for that purpose by the members of the Executive Board, if they can agree on the selection of an Arbitrator within five (5) business days of the vote. Thereafter, each member shall select an arbitrator, and the selected arbitrators shall agree upon a third Arbitrator to resolve the issue. The cost of the Arbitrator shall be shared equally by the parties. Each member of the Executive Board shall submit to the Arbitrator a written proposal to resolve the deadlock within five (5) business days after the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in commercial property management, shall not be related to an owner, shall not be in common ownership or control with the owner(s) of either the Unit A ]Member Group or the Unit B2 Member Group, and shall not have business or professional relationships with any owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Board members. ARTICLE 4 UNITS Section 4.1 Number of Units. The number of Units in the Common Interest Community is three (3) Section 4.2 Identification of Units. The identification number of each Unit is shown on the Map. Page 4 �jjp �11��j ��j jj� 1� 466267 11 Page: 4 of 16 04/16/2002 10'38G SILVIa DAMS DITKIN COUNTY CO R 80.00 0 0.00 E Section 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the Plat. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.1 Common Expenses. The only Common Expenses of the Association shall be for (a) maintenance, as defined in Section 6. 1 below; (b) insurance, as defined in Section 6.2 below; and (c) such other expenses as are required or authorized in this Declaration. Section 5.2 Creation of Association Lien: Personal Obligation to Pay Common Expense Assessments. Each Owner, by acceptance of a deed to its Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense assessments. Such assessments shall also include late charges, attorneys' fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Unit Owner shall convey any interest in its Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon the Unit against which each such. assessment is made and is subject to the Association's right to foreclose as provided by the Act. Notice of such lien may be given by a filing in the records of the Pitkin County Clerk and Recorder by any Owner in the name of the Association. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.3 Apportionment of Common Expenses. Common Expenses shall be assessed against the Units on the basis of 56.455% to Unit 1, 35.775% to Unit 2 and 7.775% to Unit 3 (the "Common Expense Allocation"). The Common Expense Allocation shall be the allocated interest to each Unit and to the Common Elements. Section 5.4 Annual Assessment: Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association's advance adoption of a budget identifying the cash requirements needed by it to provide insurance and maintenance during such assessment year. Section 5.5 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments, but only with respect to the General Common Elements, to pay for claims or for repair or replacement to the extent not covered by insurance, or to provide for extraordinary maintenance. Section 5.6 Effect of Non -Payment of Assessments. Any assessment provided for in this Declaration or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of twelve percent (12%)per annum. Further, following ten (10) days' notice in writing given to the defaulting Owner, the Association may bring an action at law or in equity against any Owner obligated to pay such overdue assessment, or any installments Page 5 466267 page: 6 of 16 1�y104/16/2002 10:38F 1D 0.00�1100 SILVIA DAVIS PITKIN COUNTY CO R 80. thereof. The Association also may accelerate the due date for payments of all installments remaining for the budget year, and may proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above do not apply and the non - delinquent Owner, acting alone, shall have the right in its name and in the name of the Association and on its behalf, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance a. Association's Responsibility. The Association shall be responsible for the maintenance and repair (including without limitation snow removal and landscaping/lawn maintenance) of all those portions of the Common Interest Community whose maintenance and repair is not the obligation of the separate Owners. b. Owner's Responsibility. For purposes of maintenance, repair, alteration, and remodeling, each Owner shall be deemed to own, and shall have the right and the obligation to maintain, repair, alter and remodel, the interior non -supporting walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the Unit, as well as the doors and windows of the Unit, any and all new additions to a Unit hereafter made by the Owner thereof, and the Limited Common Elements reserved for the exclusive use of the Owner of the Unit. Notwithstanding the foregoing, without the prior written consent of all Owners, no Owner shall (a) make any changes or alterations of any type or kind to the exterior surfaces of any doors or windows; (b) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners; or (c) modify or alter any landscaping now or hereafter installed within the Common Interest Community. An Owner shall not be deemed to own lines, pipes, wires, conduits or other systems (collectively herein "Infrastructure") running through or outside such Owner's Unit but which serve both Units, except in common with all Owners. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and the infrastructure located in such Owner's Unit, which serve that Unit exclusively; (ii) replace any finishing or other materials removed with materials of a similar type, kind, and quality; Page 6 ` I 466267 TillPage: 6 of 15 IIIII�IIIIIIIIIII II� 04//16/2082 10:38F 41 Ifi IIIII III111111 SILVIA DAVIS PITKIN COUNTY CO R 80.00 0 0.00 E • (iii) maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, (iv) maintain a neat and clean condition all the Limited Common Elements that have been reserved to the use of such owner. (v) The costs of maintaining in good order and repair the equipment and Infrastructure (including the roof system) of the Common Elements of the Aspen Clinic Building shall be borne by the Owners in accordance with the Common Expense Allocation. Section 6.2 Insurance a. Association's Insurance. The Association shall maintain both property insurance on the General Common Elements for not less than the full insurable replacement cost thereof, and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time, as provided by C.R.S. 38-33.3-313 of the Act, the provisions of which are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. b. Owner's Insurance. Each Owner shall maintain property and liability insurance with respect to its Unit in such reasonable amounts as each Owner may desire from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against other Owners and the Association in connection with any damage covered by any policy. C. Waivers. Subject to obtaining the waiverof subrogation endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for injury or damages to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. d. Obligation to Repair or Replace. In the event of a casualty with respect to the General Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by the Act, the proceeds of the insurance carried by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocate such Page 7 466267 Pag e: 7 of 18 04, II I 1� I 18, 200 10.38E SILVIP DAvis PITKIN COUNTY CO R 80.00 0 0.00 assessment between the Unit 1 and Unit 2 Member Groups to the extent that the restoration does not benefit all of the Units in a manner that is substantially proportionate to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the negligence or misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.3 Restoration Upon Condemnation a. Total Takine. In the event of a taking of the total Real Estate by eminent Domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. b. Partial Takine. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking. After acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be re -surveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements, then unless the Owners decide not to rebuild, the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above; provided, however, that the Executive Board shall reallocation such assessment between the Unit 1 and Unit 2 Member Groups to the extent that the restoration benefits do not benefit both Units in a manner that is substantially proportionate to their allocated Interests. ARTICLE 7 RESTRICTIONS ON USE Section 7. 1 Nuisances and Offensive Activities. There shall be no noxious or offensive activities conducted on, in, or upon any Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community that may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Unit. Any Owner shall have the right to enforce the provisions of this Article by bringing suit at law or in equity, or as otherwise provided by law. No Owner or occupant of any Unit shall permit or cause anything to be done or kept on the Common Interest Community which will increase the cost of insurance ;or which will result in the cancellation Page 8 466267 I Pago: 8 of 16 1I 04/16/2002 10:38t II 1I SILVIA DAVIS PITKIN COUNTY CO R 80.00 D 0.00 of such insurance. Each Owner shall be accountable to the Association and the other Owner for the uses and behavior of its tenants or guests. Section 7.2 Structural Integrity. Nothing shall be done to any Unit or to the Common Elements that will impair the structural integrity of any improvements on the other Unit or the Common Elements unless prior written unanimous authorization is obtained from the Executive Board or from the other Owner, as appropriate. Section 7.3 Restriction Upon Use and Occupancy. Except as the Owners might otherwise agree, each Unit shall be used and occupied solely for office or commerciaVprofessional purposes permitted by the land use regulations of the City of Aspen. Lease or rental of a Unit for such purposes shall not be considered a violation of this covenant and is permissible. Units 1 and 3 may not directly or indirectly be used for the practice of primary care internal or general medicine without the written consent of the owner of Unit 2, and Unit 2 may not be used directly or indirectly for the practice of orthopaedic and musculo-skeletal medicine without the consent of the owner of Unit 1. Section 7.4 No Unsightliness; Trash Storage. No unsightliness or waste shall be permitted be permitted on or in any part of the Common Interest Community. Without limiting the generality of the foregoing, no Owner shall keep or store anything on or in any of the General Common Elements. No Owner shall have, erect, affix or place anything on any of the General Common Elements (except for decorative items within the Owner's Unit), and nothing shall be placed on or in windows or doors of Units which would create an unsightly appearance. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. All trash shall be stored in tamper and bear proof containers erected for that purpose on the Common Elements. Section 7.5 No Violation of Rules. No.Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. Section 7.6 Owner Caused Damages. If, due to the act or neglect of an Owner or such Owner's tenants, guests or invitees, loss or damage shall be caused to any person or property, including the Common Interest Community or any Unit thereon, such Owner shall be liable or responsible for the same, except to the extent that such damage or loss is covered by insurance obtained by the Association, and the carver ofthe insurance has waived rights of subrogation against such Owner. The amount of such loss or damage may be charged by the Association to such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Condominium Unit of such owner, as provided herein above, for assessments or other charges. Any increase in the cost of any insurance maintained by the Association referable to such Owner caused damage shall be paid by the Owner causing such damage. Section 7.7 Parking of Vehicles. Parking of any and all vehicles on the Common Interest Community shall be subject to the rules and regulations of the Association and the provisions of Page 9 1 466267 Page: 9 of 16 Jf fI!II l I Il 511F1II1! 04 I I L V I A / 16 DL1VI5 PITKIN COINJTY CO /2002 10.38E R 80.00 agreements and approvals relating thereto from the City of Aspen. Parking on the westerly side of the Common Interest Community shall be non-exclusive for the benefit of all of the Units, and the two (2) stacked parking spaces on the northerly side of the Common Interest Community shall be one for each Unit on a first come first served basis as determined by each Unit owner.. The Association shall have no responsibility for damage done to automobiles parked on the Common Interest Community. Section 7.8 Restrictions on Parking and Storage. No part of the Common Interest Community, including the public streets and driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage, display, or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, boat or accessories thereto, truck, or recreational vehicle, for more than three (3) hours, except in an emergency, provided this restriction shall not restrict trucks or other commercial vehicles which are necessary for the construction or maintenance of the Common Interest Community. Section 7.9. Leases. All leases shall be in writing. All leases shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration, and to the provisions of any rules and regulations, decisions or resolutions of the Association or the Executive Board. Section 7. 10 Utilities. All water, sewer, gas, electrical, telephone, cable television and other utility lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be re -vegetated by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such installation. Each Owner shall be responsible for arranging for provision of utilities to their respective Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Unit. It is anticipated that each Unit shall be separately metered, serviced, and billed for purposes of utilities. Any utilities presently existing which are not separately metered is to be paid by the Owner in accordance with their respective allocated shares. Section 7.11 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Units. Section 7. 12 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awarded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.13 No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Common Interest Community. 466267 It1till 04fl/16/2002`10638f `11E 1113111 1 ll �111 1441 ���ll� 00 ��II D 0.11P� 00 SILVIA DAVIS PITKIN COUNTY CO R 80. Page 10 ARTICLE 8 EASEMENTS AND LICENSES Section 8.1 Easements of Record. The Common Interest Community is subject to those easements and/or licenses granted by the Declarants pursuant to this Declaration and those shown on the Plat and that shown on Exhibit "A" attached hereto. Section 8.2 General Common Elements Easement. Each Unit Owner has a right of use and an easement for enjoyment in and to the General Common Elements, which right and easement shall be appurtenant to and shall pass with the title to each Unit subject to the provisions contained herein. Every Owner shall have a non-exclusive easement over, under and across the General Common Elements, while Limited Common Elements shall be subject to the provisions of Section 7.4 above. Section 8.3 Easements for Improvements. Maintenance and Utilities. Reciprocal easements are hereby declared to exist over and under the Common Interest Community and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other utilities, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Real Estate and/or the individual Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within or upon its Unit; provided, however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. Section 8.4 Encroachment Easements. Each Owner has an easement over the adjoining Unit for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, reconstruction, repair, settlement or shifting or movement of the building, or any other similar cause. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the willful misconduct of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner as originally constructed, the Owners agree that minor encroachments over the abutting Unit shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. Section 8.5 Easement for Elevators. An easement for the installation and use of an elevator to provide elevator service to the second floor of the Common Interest Community is reserved to be located on the exterior of the Aspen Clinic Building at a location which will not adversely affect the Common Interest Community. I ��� IIII IIIIII IIIIIIIill�ll 0 0466267 10:3w I III IIII IIII II I I I I I II IIII II II SILVIA DAVIS PITKIN COUNTY CO R 80.00 D 0.00 Page 11 ARTICLE 9 RIGHT OF FIRST REFUSAL Optional Provision Section 9.1 Notice. In the event any Owner of a Condominium Unit shall wish to sell the same, and shall have received a bona fide offer from another person, the selling Owner shall give written notice thereof to the other Owner(s), together with a copy of such offer and the terms thereof within five (5) business days of receipt of such offer. Section 9.2 Right to Purchase. The other Owner(s) shall have the right to purchase the subject Condominium Unit upon the same terms and conditions as set forth in the offer therefor, provided that written notice of such election to purchase, together with a matching down payment or deposit, is given to the selling Owner, or his agent, during the fifteen (15) day period immediately following the giving of the notice of the offer to purchase. Section 9.3 Failure to Close. Closing of the purchase transaction pursuant to the exercise of a right of first refusal as provided in this paragraph shall be in accordance with the terms of the offer upon which the exercise is based. If the non -selling Owner does not exercise his right of first refusal, or having exercised his right fails to close upon the purchase transaction, the selling Owner may sell his Condominium Unit to the person and upon the terms and conditions as set forth in the original offer at any time within sixty (60) days after the closing date originally set forth in the offer. Section 9.4 Right to Avoid Non -Complying Transfer. In the event any Owner shall attempt to sell his Condominium Unit without affording to the other Owner(s) the right of first refusal herein provided, such sale or lease shall be voidable, and may be invalidated by a certificate of non-compliance duly filed in the Pitkin County real estate records by the other Owner. However, in the event the other Owner has not recorded such a certificate of non-compliance within one (1) year from the date of recording of a deed delivered in violation of this paragraph, such a conveyance shall be conclusively deemed to have been made in compliance with this paragraph and no longer voidable. The failure or refusal of the other Owner to exercise the right to so purchase with respect to any offer shall not constitute or be deemed to be a waiver of such right to purchase or lease when an Owner receives any subsequent bona fide offer from a prospective purchaser. Section 9.5 Exempt Transfers. In the event of any default on the part of an Owner under any first mortgage which entitles the holder thereof to foreclose the same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of this Article, and the purchaser or grantee under such deed in lieu of foreclosure of such Condominium Unit shall be thereupon and thereafter subject to the provisions of this Declaration and the Bylaws. If the purchaser in lieu of such foreclosure shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the Condominium Unit free and clear of the provisions of this Article, but its grantee Page 12 I I IIIII�IIIII II IIIII II 466267 f604//16/20021038G lil I II SILVIA DAVIS PITKIN COUNTY CO R 80.00 D 0.00 • • shall thereupon and thereafter be subject to all of the provisions thereof. If the Owner of a Condominium Unit can establish to the satisfaction of the Executive Board that any other proposed transfer is not a sale, then such a transfer shall not be subject to the provisions of this paragraph. 9.6 Certificate of Compliance. Upon written request of any prospective transferee, purchaser, or an existing or prospective mortgagee of any Condominium Unit, the Executive Board of the Association shall forthwith issue a written and acknowledged certificate in recordable form, evidencing: a. With respect to a proposed sale under this paragraph that proper notice was given by the selling Owner, and that the other Owner did not elect to exercise its option to purchase; b. With respect to a deed to a first mortgagee or its nominee in lieu of foreclosure, and a deed from such first mortgagee or its nominee, pursuant to this paragraph that the deeds were given in lieu of foreclosure, and were not subject to the provisions of this Article; and C. With respect to any contemplated transfer which is not in fact a sale, that the transfer will not be subject to the provisions of this Article. Such a certificate shall be conclusive evidence of the facts contained therein. ARTICLE 10 MISCELLANEOUS 10.1. When Consent or Authorization Not Necessary. Notwithstanding anything Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained in writing the consent or authorization of the other Owner of the Common Interest Community. 10.2 Indemnity. Each Owner ("Indemnifying Owner") agrees to indemnify and hold the other Owner or Owners ("Other Owner") blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and reasonable attorneys' fees) of whatsoever nature occasioned by or if any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Unit, or labor, services or materials furnished to such Owner or such Owner's Unit, and will maintain the Other Owner's Unit, as well as that portion of the Common Elements exclusively reserved to such Other Owner, as provided in Section 7.4 above, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Page 13 I! 466267 !I Page: 13 of 16 SILVIA DAVIS PI KIN COUNTY CO I R 80.00 4�160 0 10.38E 08 • 0 Owner's Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 12% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner by a filing in the records of the Pitkin County Clerk and Recorder, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys' fees. 10.3 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Unit Owners is intended to and shall be deemed to be for the specific benefit of the other Unit Owner. In the event of the failure or inability of the Association to enforce any provision of this Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain judgment in an action for damages, for specific performance, or for both. In connection with any such proceedings against a delinquent or defaulting Owner, the remaining Owner shall be awarded its costs and reasonable attorneys' fees as a part of any judgment entered in favor of such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. 10.4 Matters Affecting, Title. Matter affecting title to the Real Estate are attached hereto as Exhibit "A". IN WITNESS WHEREOF, the Declarants have caused this Declaration to be executed as of the 11!—�day of `gKi 4) , 2002. ASPEN CLINIC BUILDING ORT EDIC G OUP LLC By Ge9fge Triuiow, Manager ASPEN CLINIC BUILDING INTERNAL MEDICINE GROUP, LLC iffmo • • Carl F. Schiller, Member ` 466267 1 Pago: 14 of 16 I 04/16/2002 1038E f 1 l l ll I� I �I� I 1 Il Ill SILVIA DAVIS PITKIN COUNTY CO R 80.00 D 0.00 Page 14 STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 'day of�i�-- , 20%by George Trantow, Manager of Aspen Clinic Building Orthopaedic Group, LLC. Oo� Witness my hand and official seal. My commission expires: / p - y. z CO2 Notary Public y STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 2002 by Harold C. Whitcomb, Jr., Barry D. Mink, and Carl F. Schiller, as Members of Aspen Clinic Building Internal Medicine Group, LLC. Witness my hand and official seal. My commission expires* COMMISSIon Ezpiros November 13, 2003 Notary 466267 II Page: 15 of 16 If f �ll II I 04/ l 20 SILVIA DAVIS PITKIN COUNTY CO 02 10.38G R 80,00 D 0.00 Page 15 n U EXHIBIT A Lots K and L, and the Westerly 10 feet of even width of Lot M, and the Southerly 10 feet of even width of the alley through the block adjacent and contiguous to said two lots and 10 feet, all in Block 66, City and Townsite of Aspen, Pitkin County, Colorado, together with the covenants contained in and set forth in deed recorded May 31, 1963 in Book 202 at Page 429, Reception No. 115560, of the Pitkin County Records. Also known by street number as: 100 E. Main St., Aspen, Colorado. I 11 III Page: 16 0 466267 30 f 638E II III III Ililll IIII IIIIII IIIIIIIIIIIIIIII SILVIA DAVIS PITKIN COUNTY CO R 80.00 0 0.00 RECEPTION#: 568245, 04/13/2012 at 04:31:17 PM, 1 OF 1, R $11.00 Janice K. Vos Caudill, P * n County, CO • RATIFICATION AND CONFIRMATION OF CONDOMINIUM MAP AND DECLARATIONS The undersigned was the owner of the property platted and dedicated under the name of: Aspen Clinic Building Condominium, the condominium map of which was recorded April 16, 2002 in plat book 60 at page 48 under reception no. 466266, and Condominium Declaration of which was recorded April 16, 2002 under reception no. 466267, in the records of the clerk and recorder of Pitkin County, State of Colorado. And does hereby ratify, acknowledge and confirm all terms, conditions, provisions, dedications and matters contained in said Map and Declaration. r- Dated this day of, 2012, Aspen Clinic Building Partnership, a dissolved Colorado limited liability partnership as successor in interest to Aspen Clinic Building, a dissolved Colorado general partnership By• R. Freeman, Partner State of de-,— ) )ss. County of The foregoing instrument was acknowledged before me this qr" day of Ao� r l , 2012, by John R. Freeman, Partner of Aspen Clinic Building Partnership, a dissolved Colorado limited liability partnership, as successor in interest to Aspen Clinic Building, a dissolved Colorado general partnership Witness my hand and.( fficial seal. My Commissions:'. tJ RAGO Notary Public G2oaµ49t 1_efla� • • ATTACHMENT 5 m • lit - � If U i4 15 filw id gas asl. x. rym L-0 is ail I ow, li it i� tl o • 0 ATTACHMENT 6 r rill t�l� t s h; a K Gir ! t E t H a s r ■' 811.9 ip �Al1 . 11.4 ■ i !i `a� r_ t `,g ! " SE a hi-M � � ° o �•S � ` ��� i, 16 i rw 't' �t e o 5�iiii6le, r o-7 rlr.,�! I! t v' + s ,; r [ c•-A . r 0-4 'u u fu f tali 6.E 6 _! E trli It u rlcr d E . r u b �p ® ,5 z K! / c ....._... r t 6 ® 40 s i „ IA_As ... Eti 12 of M 01 ! 1l rul 11 .� Eiji w E � M 6 w > W O a z w w 9 C t--A y 11 Q z C7 z e x V w F ozm rl F 7 Z w U a .a< w 01.1 a F < _ s z z = w v z j < >d w .n 0zzo t=4 -a- F a .4 y z > F w maG d ® a a x 0 0 ATTACHMENT 7 • C9043 , ,V7 .�q S Lq CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY RECEIVE[) PLANNER: Jennifer Phelan-429-2759 DATE: 1/23/17 PROJECT: 100 E. Main Street, Condo plat Vacation and new condominium plat MAY 17 2017 REPRESENTATIVE: Rick Neiley CITY OF ASPEN DESCRIPTION: �C(.N7TY 6FvELOPMENT The subject property is located within a historic district and is in the process of being redeveloped into a building containing a mix of commercial and free market residential. As a result of the remodel the existing condominium plat will be obsolete and a new plat is proposed. Vacating a condo plat and instating a new condominium plat is an administrative function. Staff is assuming that the city is not a party to the existing declarations and can be revoked solely by the applicant. Additionally, an encroachment license for parking may need to be revoked due to the new development. Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use App: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apes%20and%20Fees/Land%2OUse%20 Application%20Form.pdf Land Use Code: http://www. aspenpitkin.com/Departments/Community-Development/Planning-and-Zoning/Title-26- Land-Use-Code/ Land Use Code Section(s) 26.480.050. A Condominiumization 26.480.090.E Subdivision Amendments, Plat vacation Review by: Planning Staff Planning Fees: $975.00 deposit for 3 hour of staff time (additional planning hours are billed at a rate of $325/hour). $325.00 deposit for 1 hour of engineering staff time (additional planning hours are billed at a rate of $325/hour) Total Deposit: $1,300.00 To apply, submit the following information: ❑ 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, ASLU 100 E. Main Condominiumization 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) ❑ 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. Copies of all relevant documents pertaining to the subdivision and rental- restriction. Please provide a draft condo plat as well as a copy of the obsolete condo plat. ❑ 1 Complete Copy of all application materials. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 1 additional copy of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. 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. 2 ATTACHMENT 8 RECEIVED MAY 17 20I7 C17Y OFgSpEN 'FMItY pEyECOPRENT Homeowner Association Compliance Policy All applications for a building permit within the City of Aspen are required to include a certification of compliance with applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. The following certification shall accompany the application for a permit. Subject Property: 1 nn East Main Street Aspen, Colorado 81611 IE(; Parcel ID Nos. are 273512401201, 273512401202 and 273512401203 MAY 17 201-7 I, the property owner, certify as follows: (pick one) CITY O �'N-� CWWTY x❑ 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 building permit 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 building permit have been approved by the homeowners association or covenant beneficiary. I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: Main Street LLC Richard Y. Neiley, Jr. date: date: 5/15/17 November, 2014 City of Aspen 1 130 S. Galena St. 1 (970) 920-5090 ATTACHMENT 9 RECEIVE, MAY 17 2017 CITY Of gSpEN *6 pEyELOpAIEN1 • • 7Lj THE CITY OF ASPEN Land Use Application Determination of Completeness RECEIVE[) JuN o 1 2017 Date: May 26, 2017 CITY OF ASHEN Dear City of Aspen Land Use Review Applicant, GTY DEVEtOPWNT We have received your land use application for 100 E. Main Street, Condominiumization and leave reviewed it for completeness (and not compliance). Your Land Use Application is complete: lease submit the following to begin the land use review process. 1) Review deposit of $1,300.00 ✓ Other submission items may be requested throughout the review process as deemed necessary bythe Community Development Department. Please contact me at 429-2759 if you have any questions. Tlia You, ennifer lan, Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—X— GMQS Allotments Yes No� Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging 0 0 Agreement to Pa Application Fees RECEIVE® 9 Y pp An agreement between the City of Aspen ("City') and C)04 ✓ .2617. p6" I MAY 17 2017 Property 100 East Main Street LLC Phone No.: 920-1280 t;� ASPEN Owner ("I"): Email: j rDIY,Arr Address of 100 East Main Street Billing c/o Neiley Law Firm, LLC Property: Aspen, CO 81611 Address: 6800 Highway 82, Suite 1 (Subject of (send bills here) application) Glenwood Springs, CO 81601 I understand that the City has adopted, via Ordinance No., Series of 2011, review fees 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. $. flat fee for $. flat fee for flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for 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. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. / $ �, deposit for `/ hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. rf Ob v/ $ deposit for Z�hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Property I wn�r: 100 EAST MAIN STREET LLC Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Name: Title: Rilhard Y. Neiley, Jr., Attorney for Owner March, 2016 City of Apen 1 130 S. Galena St. 1 (970) 920 5C'.0 0 AIL EY L4 tV ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR. July 11, 2017 VIA HAND DELIVERY Hillary Seminick, Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 RE: 100 East Main Dear Hillary: 6 'tFCEIVED JUL 12 2017 (aj FY OF ASPEN -WWRTy DBELOMNT I am delivering herewith the revised Condominium Map for 100 East Main Condominiums. I believe we have addressed all of the issues identified in your correspondence of June 16, 2017. Please contact me if you have any further questions or comments. Very truly yours, N Y LAW FIRM. LLC I tul'- Richard Y. Neiley, Jr. Attachments Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 240 • Aspen, CO 81611 • 970-925-9393 10LE Y L1q V. ATTORNEYS & COUNSELORS AT LAW RICHARD Y. NEILEY JR. June 5, 2017 VIA HAND DELIVERY Hillary Seminick, Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 RE: 100 East Main Dear Hillary: RECEIVED JUN 0 5 2017 CITY OF ASPEN C%UMTY NVELOPiENT Attached you will find two (2) copies of the revised Condominium Map for 100 East Main Street Condominiums. Ver rMruly yours, N�IkFY LAW FIRM, LLC chard Y. Neiley, Jr. Attachments Please respond to: 6800 Highway 82, Suite 1 • Glenwood Springs, CO 81601 • 970-928-9393 Email: aspenlaw@neileylaw.com Aspen office: 420 East Main Street, Suite 240 9 Aspen, CO 81611 • 970-925-9393 e 0 10 20 U.S. SURVEY FOOT USED VICINITY MAP ENCROACHMENT LICENSE RECEPTION NO. 410027 LEGEND AND NOTES O SURVEY MONUMENT AS DESCRIBED ® STORM DRAIN lr( STREET LIGHT ® SURVEY CONTROL CITY OF ASPEN MONUMENT ® WATER VALVE F FIRE HYDRANT ® MANHOLE COVER POSTED ADDRESS "100 E MAIN" BEARINGS BASED ON FOUND CITY MONUMENTS FOR THE NORTHWEST AND NORTHEAST CORNERS OF BLOCK 66. IN 75'09'11"W 270.08') TITLE INFORMATION FURNISHED BY: PITKIN COUNTY TITLE, INC. EFFECTIVE DATE: NOVEMBER 10, 2016 CASE NO. PCT24440FA2 4.5' SLANTED TEXT DENOTES BUILDING TIE ZONING: MU (MIXED USE) SETBACKS: FRONT - 10' SIDE - 5' REAR - 5' WATER IS IN MAIN STREET AND GARMISCH STREET ELECTRIC IIN GARMSCH STREET ALL OTHER UTILITES ARE IN ALLEY THIS PROPERTY IS SITUATED IN ZONE "X" (AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR PITKIN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 08097CO204 C, EFFECTIVE DATE: JUNE 4, 1987 THIS PROPERTY LIES ENTIRELY OUTSIDE OF THE CITY OF ASPEN MUDFLOW ZONE AREA AS DEPICTED ON THE MAP OF ASPEN MOUNTAIN MUD FLOW ZONES, FIG. 7.1, SURFACE DRAINAGE MASTER PLAN. LCE- LIMITED COMMON ELEMENT GCE- GENERAL COMMON ELEMENT N3dSV -AOkJ M ztoz z i inr j� ®3l ti.;�jas NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN 'YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE '.CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. CONDOMHNHUM MAP THE 160 EAST MAIN STREET THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE AN EXISTING BUILDING LOCATED ON THE REAL PROPERTY DESCRIBED A$ FOLLOWS: PAVFD DR I VF PAVED WALK C Co 0- 21 0 e U 3 3 0 u � ` w P O o m en P 2 � w Y C / a PAVI,O WACK/SrEPs / GCE 4,,;, / C PLANTER ti *5 REBAR WITH/ ® CONC RED CAP 25947 WALK T S rOP Mh/ �m M(0 v / •2 CITY OF ASPEN GPS MONUMENT CITY OF ASPEN GPS MONUMENT N0. 6 83.61 No. 3 '8) (NAND 8 ENCROACHES Or CONDOMHNHUMS LOTS K AND L AND THE WESTERLY 10 FEET OF EVEN WIDTH OF LOT M, AND THE SOUTHERLY 10 FEET OF EVEN WIDTH OF THE ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID TWO LOTS AND 10 FEET ALL IN BLOCK 66, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. GCE � �ANrER GCF PARCEL ID NUMBERS: 2735 1240 1801 . 2735 1240120 1, 27352401202, 273512401203 KECEIVED JUL 12 2017 CI ry OF ASPEN CC?WUNITY DRELOPMENT DAISCAIL WITH 25947\ \ LLgY \ (VACArE0.3g• R.0 BLOC \\ H S 7 5.09 J SEE BOOK I9FC0 D 6 6 \\ u I5. 70 02 Ar P^GE \ y EAAlvj) Er BOOKS AND FG 2J \ ` \ RECFRESS PTFON NOOIGREp 42g \ \ 3gS46g MAGNAIL WITH DISC 25947 OVpRHA�, T 42.0 � \ BUILDING AND ROOF / EXTEND INTO EASEMENT K / / L TWO STORY BUILDING WITH BASEMENT ,y o � / o m / W o' W / / 2 c /a f\ / GCE N 25��p 02 CONC. WALK Y/ J 3 U \OVERHANG ` O) I -/J.3 GCE 4`IST 100 00 !k� 1 N S R.p W RECORD E E T •5 REBA�RW I T H RED CAP 25947�� 6 4m \ \ m 0 / 2 O 2 / YO J yo m / / GC F Af �$/ Y N / J / 3 / U 0 m o /m o 03 o, P h I a P h / 3 / 2 /0 \N 2g. 200.06. Og II,W CONC, 270.08 WALK \ / \ WA CITY MONUMENT SW CORNER BLOCK 66, HORIZONTAL CONTROL INDEX SHEET I: SITE MAP, PLAT LANGUAGE, LEGEND AND NOTES SHEET 2: UNIT PLAN VIEWS, ELEVATION CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY BEING THE SOLE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, SAD REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: UNIT TBD, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE PLAT RECORDED APRIL 16, 2002 IN PLAT BOOK 60 AT PAGE 48 AS RECEPTION NO. 466266 AND FURTHER DEFINED AND DESCRIBED IN CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 AS RECEPTION NO. 466267, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, HEREBY CERTIFY THAT WE HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS FIVE UNITS KNOWN AS THE 100 EAST MAIN STREET CONDOMINIUMS, AS SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW: WE HEREBY SUBMIT SAID REAL PROPERTY, TOGETHER WITH ALL IMPROVEMENTS, APPURTENANCES AND FACILITIES EXISTING NOW OR HEREAFTER THEREON, TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. 38-33.3-101 AS THE SAME MAY BE AMENDED FROM TIME TO TIME, AND HEREBY IMPOSE UPON ALL OF THE REAL PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES, LIMITATIONS, AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE 100 EAST MAIN STREET CONDOMINIUMS RECORDED IN THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO ON 2017 AT RECEPTION N0. (THE DECLARATION ), TOGETHER WITH ANY OTHER AMENDMENTS OR SUPPLEMENTS THERETO, WHICH DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND A BENEFIT TO SAID OWNERS, THEIR SUCCESSORS, ASSIGNS, AND ANY PERSON ACQUIRING OR OWNING AN INTEREST IN SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, DEVISEES OR ASSIGNS. EXECUTED THIS DAY OF . 2017 100 EAST MAIN STREET LLC A COLORADO LIMITED LIABILITY COMPANY: BY: STARWOOD ASPEN, LLC, IT MANAGER BY: MARK FRIEDLAND, AS MANAGING MEMBER OF ASPEN STARWOOD, LLC TITLE CERTIFICATE: II DRANDI WOLFE) A DVLY-AVTHORIZED REPRESENTATIVE of PITKIN COUNTY TITLE, ING, , DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS HgREIN SHOWN ON AND DEDICATED BY THIS MAP AND THAT TITLE TO SAID LANDS IS IN THE OWr ER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS SHOWN HEREIN PITKIN COUNTY TITLE, INC. BY: DATE: TITLE EXAMINER SURVEYOR'S CERTIFICATE I, JOHN HOWORTH, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF - A CONDOMINIUM: THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON: THAT THE SAME ARE BASED ON FIELD SURVEYS) PERFORMED UNDER MY SUPERVISION: AND THAT THIS MAP MEETS THE REQUIREMENTS OFSALAND SURVEY PLAT AS SET FORTH IN C.R.S SECTION 38-51-106. I FURTHER CERTIFY THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT AND THAT THE LINEAR ERROR OF CLOSURE IS LESS THAN 1:15,000. SIGNED: JOHN HOWORTH. P.L.S. 25947 COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF , 201_ TO THE EXTENT THAT ANYTHING IN THIS MAP IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. BY: COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S APPROVAL: THIS CONDOMINIUM PLAT OF WAS REVIEWED AND APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF 2017. TRICIA ARAGON, CITY ENGINEER CLERK & RECORDER CERTIFICATE THIS CONDOMINIUM PLAT WAS FILED FOR RECORDING IN THE OFFICE OF THE CLERK 6 RECORDER OF PITKIN COUNTY, COLORADO AT O'CLOCK, ON THE DAY OF A.D. 2017, AND IS DULY RECORDED IN BOOK AT PAGE . AS RECEPTION NO. CLERK 6 RECORDER MORTGAGEE CONSENT THE UNDERSIGNED, ON BEHALF OF FIRST BANK, CONSENTS TO AND APPROVES OF THE MATTERS SET FORTH ON THIS CONDOMINIUM MAP. FIRST BANK. BY: NAME: TITLE: SHEET 1 OF 2 LEGAL DESCRIPTION LOTS K AND L AND THE WESTERLY 10 FEET OF EVEN WIDTH OF LOT M, AND THE SOUTHERLY 10 FEET OF EVEN WIDTH OF THE ALLEY THROUGH THE BLOCK ADJACENT AND CONTIGUOUS TO SAID TWO LOTS AND 10 FEET ALL IN BLOCK 66, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY COLORADO. PREVIOUSLY KNOWN AS: ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE PLAT RECORDED APRIL 16, 2002 IN PLAT 60 AT PAGE 48 AS RECEPTION N0. 466266 AND AS FURTHER DEFINED AND DESCRIBED IN CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267. CONTAINING 0.177 ACRES MORE OR LESS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 06/17 21312F • 4 0 10 20 UPPER LEVEL OFFICE UNIT 1 2,140 SF e 0 n LOBBY a G.C.E. o 407 SF Y 12.0 0 11.8 26.0 MAIN LEVEL /BB/.0 WEST ELEVATION FLR. CONDOMHNHUMS LOWER LEVEL SHEET 2 OF 2 PREPARED BY ASPEN SURVEY ENGINEERS, INC, 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 06/17 21312F n �1' 111i/ u 0 STREET CONDOMHNHUMS SITE UNDER CONSTRUCTION 5/17 0 I--lo 0 10 20 U.S. SURVEY FOOT USED VICINITY MAP Ar 4 SITE �b £v •4°.m ya�� LEGEND AND NOTES O SURVEY MONUMENT AS DESCRIBED ® STORM DRAIN PLA 0 STREET LIGHT ® SURVEY CONTROL CONC. WALK o e o FENCE CITY OF ASPEN GPS MONUMENT ® •5 REBAR WITH ® WATER VALVE RED CAP 25947 POSTED ADDRESS '100' BEARINGS BASED ON FOUND CITY MONUMENTS FOR THE NORTHWEST AND NORTHEAST CORNERS OF F / BLOCK 66. IN 75°09'I1'W 270.08') F FIRE HYDRANT ® MANHOLE COVER SNOW ON GROUND AT TIME OF SURVEY 2/14 TITLE INFORMATION FURNISHED BY: / UNIT I LAND TITLE GUARANTEE COMPANY ,y ORDER NO.: ABB62005197 EFFECTIVE DATE: APRIL I. 2013 UNIT 2 AND 3 LAND TITLE GUARANTEE COMPANY ORDER NO.: ABB62005198 EFFECTIVE DATE: APRIL I. 2013 /^ SLANTED TEXT DENOTES BUILDING TIE ZONING: MU (MIXED USE) :2 SETBACKS: FRONT - 10' SIDE - 5' REAR - 5' WATER IS IN MAIN STREET AND GARMISCH STREET ELECTRIC IN GISTREET ALL OTHER UTILITIES ARE IN ALLEY C THIS PROPERTY IS SITUATED IN ZONE 'X' (AREAS DETERMINED /P TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR PITKIN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 08097CO203 C, EFFECTIVE CITY OF ASPEN CITY OF ASPEN GPS MONUMENT DATE: JUNE 4, 1987 GPS MONUMENT NO. 6 EL:7893.61 NO. 3 '88) THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN (NAVD MUDFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, FIGURE ES-I5. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACT ON BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. RECEIVED JUN 0 5 2017 CITY OF ASPEN C9 STY rbjL0FMENT \ L WI DISCA25947TH \ \ (VACAT00 Q. 8zoex \\\ h S 7q°09•(SFE BOpK �RFCORD 66 \ \ u E 70 OZ4 AT PAGE 71 (5• \ FASEsi�C'RFS.c ZAS7, A1 (00•00 A I N S 7"R R• 0. W RECORD E E T PARKING / ((-W 27p D8• 20p•06 CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY I BENG THE SOLE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, SAD REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: UNIT TBD, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE PLAT RECORDED APRIL 16, 2002 IN PLAT A66K 66 AT PAGE 4A AS RPCr=PT16mM6. 466266 AND FURTHER DEFINED AND DESCRIBED INCONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 AS RECEPTION NO. 466267, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, HEREBY CERTIFY THAT WE HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS FIVE UNITS KNOWN AS THE 100 EAST MAIN STREET CONDOMINIUMS, AS SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW: WE HEREBY SUBMIT SAID REAL PROPERTY, TOGETHER WITH ALL IMPROVEMENTS, APPURTENANCES AND FACILITIES EXISTING NOW OR HEREAFTER THEREON, TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. 38-33.3-101 AS THE SAME MAY BE AMENDED FROM TIME TO TIME, AND HEREBY IMPOSE UPON ALL OF THE REAL PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES, LIMITATIONS, AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE 100 EAST MAIN STREET CONDOMINUMS RECORDED IN THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO ON 2017 AT RECEPTION NO. (THE DECLARATION ), TOGETHER WITH ANY OTHER AMENDMENTS OR SUPPLEMENTS THERETO, WHICH DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND A BENEFIT TO SAID OWNERS, THEIR SUCCESSORS, ASSIGNS, AND ANY PERSON ACQUIRING OR OWNING AN INTEREST IN SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, DEVISEES OR ASSIGNS. EXECUTED THIS DAY OF . 2017 100 EAST MAIN STREET LLC A COLORADO LIMITED LIABILITY COMPANY: BY: STARWOOD ASPEN, LLC, IT MANAGER BY: MARK FRIEDLAND, AS MANAGING MEMBER OF ASPEN STARWOOD, LLC TITLE CERTIFICATE I, A DULY -AUTHORIZED REPRESENTATIVE OF OF ASPEN, DO HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE TO ALL LANDS HEREIN SHOWN ON AND DEDICATED BY THIS MAP AND THAT TITLE TO SAID LANDS IS IN THE OWNER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS SHOWN HEREIN ITLE INSURANCE AGENCY OF ASPEN BY: DATE: TITLE EXAMINER SURVEYOR'S CERTIFICATE I, JOHN HOWORTH A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF A CONDOMINIUM: THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON: THAT THE SAME ARE BASED ON FIELD SURVEY(S) PERFORMED UNDER MY SUPERVISION: AND THAT THIS MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S SECTION 38-51-106. 1 FURTHER CERTIFY THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. SECTION 38-33-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT AND THAT THE LINEAR ERROR OF CLOSURE IS LESS THAN 1:15,000. SIGNED: JOHN HOWORTH, P.L.S. 25947 COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL THE APPLICATION FOR CONDOM I N I UM I ZAT I ON SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF , 201_. TO THE EXTENT THAT ANYTHING IN THIS MAP IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. BY: COMMUNITY DEVELOPMENT DIRECTOR ACCEPTANCE FOR RECORDING: ENGINEERING DEPARTMENT REVIEW: THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. THS DAY OF , 20. BY: CITY ENGINEER LEGAL DESCRIPTION OF UNIT I, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED CITY MONUMENT SW CORNER BLOCK AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 66, HORIZONTAL CONTROL UNDER RECEPTION NO. 466267. UNITS 2 AND 3, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 16, 2002 IN PLAT BOOK 60 AT PAGE 48 UNDER RECEPTION N0. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. \ CONTAINING 0.177 ACRES MORE OR LESS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWV.ASPENSURVEYENGINEERS.COM DA'E JOB 06/17 21312F is i SHEET i OF 2 n �J EAST MAHN ST CONDOMHNHUMI SITE UNDER CONSTRUCTION 5/17 0 10 20 U.S. SURVEY FOOT USED VICINITY MAP LEGEND AND NOTES O SURVEY MONUMENT AS DESCRIBED ® STORM DRAIN 0 STREET LIGHT ® SURVEY CONTROL �—� FENCE !� CITY OF ASPEN GPS MONUMENT ® WATER VALVE POSTED ADDRESS '100' BEARINGS BASED ON FOUND CITY MONUMENTS FOR THE NORTHWEST AND NORTHEAST CORNERS OF BLOCK 66. IN 75°09'I1'W 270.08') F FIRE HYDRANT ® MANHOLE COVER SNOW ON GROUND AT TIME OF SURVEY 2/14 TITLE INFORMATION FURNISHED BY: UNIT I LAND TITLE GUARANTEE COMPANY ORDER NO.: ABB62005197 EFFECTIVE DATE: APRIL I. 2013 UNIT 2 AND 3 LAND TITLE GUARANTEE COMPANY ORDER NO.: ABB62005198 EFFECTIVE DATE: APRIL I. 2013 SLANTED TEXT DENOTES BUILDING TIE ZONING: MU (MIXED USE) SETBACKS: FRONT - 10' SIDE - 5' REAR - 5" WATER IS IN MAIN STREET AND GARMISCH STREET ELECTRIC IN GARMISCH STREET ALL OTHER UTILITIES ARE IN ALLEY THIS PROPERTY IS SITUATED IN ZONE 'X' (AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOOD PLAIN) AS SHOWN ON FLOOD INSURANCE RATE MAP PREPARED BY F.E.M.A., FOR PITKIN COUNTY COLORADO, COMMUNITY -PANEL NUMBER 08097CO203 C, EFFECTIVE DATE: JUNE 4, 1987 THIS PROPERTY LIES ENTIRELY INSIDE OF THE CITY OF ASPEN MUDFLOW HAZARD AREA AS DEFINED BY THE CITY OF ASPEN MASTER DRAINAGE PLAN, PROJECT NUMBER 1963, FIGURE ES-15. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT ON THIS PLAT WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS PLAT BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE CERTIFICATION IS VOID IF NOT WET STAMPED WITH THE SEAL OF THE SURVEYOR. CITY OF ASPEN GPS MONUMENT NO. 6 EL:7893.61 (NAVD '88) CITY OF ASPEN GPS MONUMENT NO. 3 RECEIVED JUN 0 5 2017 CITY OF ASPEN (,O .hriTY DEVELOPMENT MAGNAIL WITH DISC 25947 \ A LLgY /VACATED .39. R p B L oC \ h S ,5.0g / S f B°pK / 94 C° D 6 6 \ n 70 02 A T PAGE /s \ :ASEMcG SS., .. CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMINIUM OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY I BENG THE SOLE OWNERS OF ALL THAT REAL PROPERTY SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, SAD REAL PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: UNIT TBD, ASPEN CLINIC BUILDING CONDOMINIUM, ACCORDING TO THE PLAT RECORDED APRIL 16, 2002 IN PLAT BOOK 60 AT PAGE 48 AS RECEPTION NO. 466266 AND FURTHER DEFINED AND DESCRIBED INCONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 AS RECEPTION NO. 466267, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, HEREBY CERTIFY THAT WE HAVE CAUSED THE SAID REAL PROPERTY TO BE LAID OUT, CONDOMINIUMIZED AND SURVEYED AS FIVE UNITS KNOWN AS THE 100 EAST MAIN STREET CONDOMINIUMS, AS SHOWN AND NOTED HEREON AND AS DESCRIBED IN THE DECLARATION AS DEFINED BELOW: WE HEREBY SUBMIT SAID REAL PROPERTY, TOGETHER WITH ALL IMPROVEMENTS, APPURTENANCES AND FACILITIES EXISTING NOW OR HEREAFTER THEREON, TO CONDOMINIUM OWNERSHIP UNDER THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. 38-33.3-101 AS THE SAME MAY BE AMENDED FROM TIME TO TIME, AND HEREBY IMPOSE UPON ALL OF THE REAL PROPERTY THE TERMS, CONDITIONS, COVENANTS, RESTRICTIONS, EASEMENTS, RESERVATIONS, USES, LIMITATIONS, AND OBLIGATIONS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE 100 EAST MAIN STREET CONDOMINUMS RECORDED IN THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO ON 2017 AT RECEPTION NO. (THE DECLARATION ), TOGETHER WITH ANY OTHER AMEN15MENTS OR SUPPLEMENTS THERETO, WHICH DECLARATION SHALL BE DEEMED TO RUN WITH THE REAL PROPERTY AND SHALL BE A BURDEN AND A BENEFIT TO SAID OWNERS, THEIR SUCCESSORS, ASSIGNS, AND ANY PERSON ACQUIRING OR OWNING AN INTEREST IN SUCH REAL PROPERTY, THEIR GRANTEES, SUCCESSORS HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, DEVISEES OR ASSIGNS. EXECUTED THIS DAY OF 2017 100 EAST MAIN STREET LLC A COLORADO LIMITED LIABILITY COMPANY: BY: STARWOOD ASPEN, LLC, IT MANAGER BY: MARK FRIEDLAND, AS MANAGING MEMBER OF ASPEN STARWOOD, LLC / _ \ TITLE CERTIFICATE: 4\IE / co6 \ 1 OF ASPEN, DO HEREBY FYDULY-AUTHORHAVEREXAMINEDVTHEFTITLE TO ALL LANDS 3 6 HEREIN SHOWN ON AND DEDICATED BY THIS MAP AND THAT TITLE TO SAID LANDS IS IN THE OWNER AND DEDICATOR FREE AND CLEAR OF ALL LIENS, TAXES AND ENCUMBRANCES, EXCEPT AS SHOWN HEREIN / 4 BUILDING AND ROOF ITLE INSURANCE AGENCY OF ASPEN EXTEND INTO EASEMENT / Z / BY • DATE: TITLE EXAMINER K / / SURVEYOR'S CERTIFICATE: 1, JOHN HOWORTH, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY j - THAT I HAVE PREPARED THIS CONDOMINIUM MAP OF A CONDOMINIUM: THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON: THAT THE SAME ARE / PAVED PARKING BASED ON FIELD SURVEY($) PERFORMED UNDER MY SUPERVISION: AND THAT THIS MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S SECTION 38-51-106. 1 FURTHER ti CERTIFY THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S. / M SECTION 38 33 209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT AND THAT THE LINEAR ERROR tic OF CLOSURE IS LESS THAN 1:15,000. / y / SIGNED JOHN HOWORTH, P.L.S. 25947 TWO STORY BUILDING WITH BASEMENT / COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: THE APPLICATION FOR CONDOMINIUMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN REVIEWED / AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE o / BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF , 201_. / TO THE EXTENT THAT ANYTHING IN THIS MAP IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF / m ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, o / SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. / BY: COMMUNITY DEVELOPMENT DIRECTOR o ACCEPTANCE FOR RECORDING: / 3 P / / P / N s2/ ENGINEERING DEPARTMENT REVIEW: LA "TER THIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS. I / THS DAY OF 20_. BY: ` CITY ENGINEER 75.0g / � If 70.p2. o / ti Cp NC / wAL K s5 REBAR WITH / RED CAP 25947�� N K OF CNRB N 75.pQ.// ,5.09 //'W ® W 270.0e. 200.06 LEGAL DESCRIPTION OF UNIT , ASPENICLINIC BUILDING CONDOMINIUM, ACCORDING TO THE CONDOMINIUM E MAP RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466266 AND AS DEFINED S T CITY MONUMENT SW CORNER BLOCK AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 18, 2002 p 1�j,I 1 N l0 66, HORIZONTAL CONTROL UNDER RECEPTION NO. 466267. °p R.p W S T$ E UNITS 2 AND 3, RECORD T CINIUMCMAPILDING TO THE RECORDEDNAPRILIUM16, 2002RDIG CONDOMASPEN INNPLAT BOOK 60 AT PAGE 48 UNDER RECEPTION NO. 466266 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 16, 2002 UNDER RECEPTION NO. 466267. CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. \ CONTAINING 0.177 ACRES MORE OR LESS PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 06/17 21312F SHEET 1 OF 2 I THE R 0 0 (CONDOM H N H UMS 0 10 20 17.Y n� 12.) 2.0 — — 14.9 N 1!1 DECK �+ 439 SF ENTRY 208 SF 33.4 12.4 UPPER LEVEL UNITS UNDER CONSTRUCTION 4/ fl 7 DIMENSIONS A N D AREAS SUBJECT TO CHANGE o; OFFICE 3 504 SF 4.8 u w ENTRY 4.8 0 w 12.6 23.8 LOBBY o 407 SF m 0 12.0 0 11.8 MAIN LEVEL iaai.v WEST ELEVATION FLR. 1L ®W IE R LEVEL SHEET 2® F 2 PREPARED BY ASPEN SURVEY ENGINEERS, INC. 210 SOUTH GALENA STREET ASPEN, COLORADO 81611 PHONE/FAX (970) 925-3816 WWW.ASPENSURVEYENGINEERS.COM DATE JOB 06/17 21312F