HomeMy WebLinkAboutApplication with Attachments - 100 East Main StreetAPPLICATION FOR VACATION OF
CONDOMINIUM MAP AND DECLARATION
AND FOR APPROVAL OF NEW
CONDOMINIUM MAP
100 East Main Street LLC
100 East Main Street
Aspen, Colorado 81611
PROPERTY OWNER/APPLICANT:
100 East Main Street LLC
c/o Aspen Starwood, LLC
623 East Hopkins
Aspen, CO 81611
(970) 920-1280
aspenstarwood a,gmail.com
PROPERTY:
REPRESENTATIVE:
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
aspenlawgnei 1 eyl aw. com
100 East Main Street, City of Aspen, State of Colorado
Parcel ID Nos. 273512401201, 273512401202 and 273512401203
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 January 23, 2017, the
City's Homeowner Association Compliance Policy and the Agreement to Pay Application Fees
are appended as Attachment Nos. 7, 8 and 9, respectively.
Also submitted herewith is our check in the amount of $325.00.
Page 2 of 2
ATTACHMENTS
1. Authorization to Represent
2. Certification of Ownership, along with Deeds and Certificate of Authority
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
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@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:
Mark Friedland, Manager
Aspen Starwood, LLC, Manager
of 100 East Main Street LLC
ATTACHMENT 2
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 f, s en Starwood, LLC is Mark Friedland.
A Certificate of Authority is appended hereto.
Y. NEIL,EY, JR.
STATE OF COLORADO
) ss.
COUNTY OF GARFIELD )
The foregoing Certificate of Ownership was acknowledged and signed before me this /6 day
of May, 2017, by RICHARD Y. NEILEY, JR.
WITNESS my hand and official seal.
i
My commission expires:
CONNIE A. WOOD )
NOTARY PUBLIC
STATE OF C01LORADO
NOTARY ID #19944009825
MY Commission Expires June 24, 2018
Notary Public
RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 1 OF 3, R $21.00
DF $152.50 Janice K. Vos Caudill, Pitkin County, CO
III I III' III (I'II' II I I II IIIII II I III State Documentary Fee
Warranty Deed Date: July 15, 2013
$ 152.50
(Pursuant to 38-30-113 C.R.S.)
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 rww 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 PIMN, 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
Y0 �,) /q, e- <
1I'-tE6(AWrOW, MANAGER
State of COLORADO
ss.
County of PITKIN
YME T Fh;D
oATE RGF 6uo.t/4a0 VS
7-1&-(om
HRI i T RAID
DATE REP �k—NO,
7'110'f7' NovK
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
UzW \ _ JANICE L. JOHNSON
V
lic NOTARY PUBLIC
sion expires STATE OF COLORADO
NOTARY ID 19964006618
ramisslon Expires ADO 19 2016ded Return to: 100 EAST MAIN STREET LLC, A COLORADO LIMITE
133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611
lat>d TiCIC
Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) ABB62005274 {17104648}
RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, 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, 1884 IN 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, 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 EASEMENTAGREEMENT RECORDED June
05, 1991 IN BOOK 647 AT PAGE 767 AND SUPPLEMENTALAGREEMENT RECORDED
MAY 12, 1992 IN BOOK 677 AT PAGE 530.
TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS
SET FORTH AND GRANTED IN EASEMENTAGREEMENT RECORDED August 02, 1996
UNDER RECEPTION NO. 39W9.
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.oscrow.odt ABB62005274 {17104647}
RECEPTION#: 601417, 07/16/2013 at 03:42:31 PM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, 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 INAR71CLE 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 b2exhibit.escrow.odt ABB62005274 {17104647}
RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 1 OF 3, R $21.00
DF $133.25 Janice K. Vos Caudill, Pitkin County, CO
State Documentary Fee
Warranty Deed $133.25iy 15, 2013
(Pursuant to 38-30-113 C•R•S.)
THIS DEED, made on July 15, 2013 by GARY FREEDMAN AND DONNA FREEDMAN AND LOWELL J. MEYER AND
ELEANOR F. MEYER Grantor(s), of the County of PITKIN and State of COLORADO for the consideration of ($1,332,500,00) ***
One Million Three Hundred Thirty Two Thousand Five Hundred and 00/100 *** dollars in hand paid, hereby sells and conveys to
100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133
PROSPECTOR ROAD, SUITE 4102, ASPEN, CO 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 81611
and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR
IT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED
?ORATED HEREIN.
DONNA
LL J. R
ELE)WRF.M•YE
State of COLORADO )
ss'
County of PITKIN )
:YFivi7" F '-i Ci1Y %r f 6P; --'N
hDA7E REF fiEPAID
No,
aOYq DATER
7- y9
=IANICEHNSUBLIC
LORADO64006618s April 19.2016
T'he foregoing instrument was acknowledged before me on this day of July 15, 2013
by GARY WEDMAN, DONMYA FREEDMAN, LOWELL J. MEYER AND ELEANOR F. MEYER
Notary rfil'�
My copyruss. expires � ! p
When Recorded Return to: 100 EAST MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY
133 PROSPECTOR ROAD, SUITE 4102, ASPEN, CO 01611
F
Form 13082 09/2008 wd.open.odt Warranty Deed Open (Photographic) ABB62005271 1170990341 "` '"
RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, 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, 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 08/2008 b2exhibit.escrow.odt ABB62005271 (17099035)
RECEPTION#: 601418, 07/16/2013 at 03:42:32 PM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, 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 08/2008 b2exhibit,escrow.odt 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, Pitkin County, CO
State Documentary Fee
Warranty Deed Date: July 15, 2013
(Pursuant to 38-30-113 C.R.S.) $ 29.25
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 ($292,500.00) ***
Two Hundred Ninety Two Thousand Five Hundred and 00/100 ••• dollars in hand paid, hereby sells and conveys to 100 EAST
MAIN STREET LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), whose street address is 133
PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 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 61ts app nances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR
13f
S QUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED
EA NCORPORATED HEREIN,
DONNA FREEDMAN ''rF,.Y� ,�•.�+�� i.:�.� vi' i-iE'ti'' I+J
i"tlr i (p A.J
'1 � � � /"`� C3V.'tE Rtf' �"•``' `1'l.�t'� S� h1RE7T PAID
DATE R/No. 7� v01 �r5
LOWELL.I.MEY
E[,EAT7e •R
State of COLORADO )
) ss.
County of PITKIN )
The foregoing instrument was acknowledged before me on this day of July 15, 2013 _ —
by GARY EDMAN,DON EDMAN, LOWELL J. MEYER EJAt>E,MpfItIKiSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964006618
Notary P l}/�1 My Commission Expires April 19, 20- i
16
My co 'ion expires '"0/
Return to: 100 EAST MAIN STREET GLC, A COLORADO LIMITED
133 PROSPECTOR ROAD, SUITE 4102 ASPEN, CO 81611
Pr
Form 13082 09/2000 wd.open.odt Warranty Deed Open (Photographic) ABB62005271 (17114649) 11"""11`°" "
RECEPTION#: 601419, 07/16/2013 at 03:42:33 PM, 2 OF 3,
Janice K. Vos Caudill, Pitkin County, 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, 1884 IN BOOK 23 AT PAGE 20, JANUARY 20,
18M 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 0812009 b2exhibii.escrow.odt ABB62005271 (17099035)
RECEPTION#: 601419, 07/16/2013 at 03:42:33 PM, 3 OF 3,
Janice K. Vos Caudill, Pitkin County, 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 08/2008 b2exhibit.escrow,odt ABB62005271 {17099035}
RECEPTION#: 620123, 05/26/2015 at 09:10:53 AM, 1 OF 1, R $11.00
DF $0.00 Janice K. Vos Caudill, Pitkin County, CO
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 Uabllity Partnership
❑ Corporation ❑ Limited Liability Limited Partnership
❑ Nonprofit corporation 121 Umited 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 is'
Cl Not Limited ❑ Limited as follows:
Executed this 20th day of Kai[ 2015
Authorized Signature(s)
Main Investment LLC, Manager By: Aspen
Starwood LLC, Manager By: Mark Friedland, Manager
Signature
State of:
Signature
County of:
The foregoing Instrument was acknowledged before me this �'ar! day of
May 20 15 by Mark Friedland, Manager of Aspen
Starwood LLC Manager of Main Investment LLC Manager of 100 East Main Stree*
ENOTARY
ANCY MENENDEZ
Witness my hand and official seal. I
PUBLIC
of ry Public ATE OF COLORADO
ID 20124038820My Commission Expires: ;.(/'.1��(t j
SiONEXPIRESJUL.19,2016
I This form should not be used unless the entity is capable of holding title to real property
' 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.
`15u 4 -2-820
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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, 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.
466267
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SILVIA DAVIS PITKIN COUNTY CO R 80.00 4116028 0 10:3$F
0
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 1 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 maybe 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.
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00
Section 1.2 Defined Term. Each capitalized term not otherwise defined in this
Declaration or on the Condominium Map of the As en Clinic Building_Condominium recorded as
Reception No�� in Plat Book 60 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 Authorit . 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
1 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 ternis 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
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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, (iii) the required degree of
maintenance, (iv) the manner inwhich 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 $2 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.
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Plat.
Section 4.3 Unit Boundaries. The boundaries of each Unit are located as shown on the
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 (e) 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
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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;
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(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 waiver of 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
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SILVIR DAVIS PITKIN COUNTY CO R 80,00 4/16l0200.00010:38F
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 Taking. 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 Taking. 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 I 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
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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 commerciaVrofessional 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 pennissible. 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 carrier 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
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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 Utilitips. 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 Iocal law applicable to the Common Interest
Community.
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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,
466267
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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 maybe 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
III 466267
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04/16/200210:389
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
7A 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
466267
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SILVIA DAVIS PITKIN COUNTY CO R $0.00 4/16/2000010:389
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 1 today of , 2002.
ASPEN CLINIC BUILDING
ORT EDIC G OUP LLC
By
Gepfge T ow, Manager
ASPEN CLINIC BUILDING INTERNAL
MEDICINE GROUP, LLC
466267
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04/16/2002 10:38F
SILVIA DAVIS PITKIN COUNTY CO R 80.00 4 0.00
Page 14
STATE OF COLORADO )
)Ss.
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this ' day of X4 'A
2,0%by George Trantow, Manager of Aspen Clinic Building Orthopaedic Group, LLC,
00-A
Witness my hand and official seal.
My commission expires; /0 -,J. z CO3
STATE OF COLORADO )
)SS.
COUNTY OF PITKIN )
Notary Public
j
The foregoing instrument was acknowledged before me this day of i ,
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 Expires
November 13. 2003
Notary
466267
Page: 15 of 16
SIL.VIR DAVIS PITKIN COUNTY co R 80,00 4/16D20.0010:3$F
Page 15
.,fl
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,
466267
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04/16/2002 10:389
SILVIA OAVIS PITKIN COUNTY CO R 80.00 D 0.00
RECEPTION#: 588245, 04/13/2012 at 04:31:17 PM, 1 OF 1, R $11.00
Janice K. Vos Caudill, Pitkin 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
£
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,
Dated this r_ day of �. I , 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 -c
)ss.
County ofEaQ `V ----�
The foregoing instrument was acknowledged before me this -q""' day of ,
2012, by John R. Freeman, Partner of Aspen Clinic Building Partnership, Adpissolved
Colorado limited liability partnership, as successor in interest to Aspen Clinic Building, a
dissolved Colorado general partnership
Witness my hand and offipial seal.
My Commission api es:'t
Notary Public
(,2oo 4-4-) 4
.Z-4LL Tik
.t.........
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ATTACHMENT 7
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Jennifer Phelan -429-2759 DATE: 1/23/17
PROJECT: 100 E. Main Street, Condo plat Vacation and new condominium plat
REPRESENTATIVE: Rick Neiley
DESCRIPTION:
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/Apps%20and%20Fees/Land%2OUse%20
Application%20Form. adf
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
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
si_pned by the property owner or Attorney representing the property owner. The following certification
shall accompany the application for a permit.
Subject Property: 100 East Main StrPPt
Aspen, Colorado 81611
Parcel ID Nos. are 273512401201, 273512401202 and 273512401203
I, the property owner, certify as follows: (pick one)
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:
Richard Y. Neiley, Jr.
date:
date: 5/15/17
ATTACHMENT 9
Agreement to Pay Application Fees
An agreement Detween the uty or Aspen i--utyi ana
Property 100 East Main Street LLC
Phone No.: 920-1280
Owner ("I"):
Email:
Address of 100 East Main Street
Billing c/o Neiley Law Firm, LLC
Property: Aspen, CO 81611
Address: 6800 Highway 82, Suite 1
bills here)
(Subject of
application)
(send
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.
$ 325.00 deposit for 1 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
$ deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour. r,
City of Aspen:
Property Qwn�r: 100 EAST MAIN STREET LLC
Jessica Garrow, AICP
Community Development Director Name:
City Use:
Fees Due: $ Received $
Title: Richard Y. Neiley, Jr., Attorney for Owner