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Home My WebLink AboutLanduse Case.CO.201 N Mill St.0017.2016.ASLU0017.2016.ASLU 201 N MILL ST CONDO PLAT 273707317006 S L� s�� PATH: G/DRIVE /A� ISTRATIVE/ADMIN/LANDUSE CASE DOCS r1l THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0017. 2016.ASLU PROJECT ADDRESS 201 N MILL ST :T41141 "VOYA10111.1 PLANNER REILLY THIMONS CASE DESCRIPTION CONDO PLAT FOR MILL ST REPRESENTATIVE ADAM ROY DATE OF FINAL ACTION 2/27/2017 CLOSED BY ANGIE SCOREY 1.12.18 • '7.1*-"wn A ..f --i i / lv 6 7t I LWlJlO Permits File Edit Record Navigate Form Reports Format Tab Help r ; >X P �� zf MainAC A -. Fields ¢ Routi• t ✓1 `i] '' . g us ;Fee Summary (Actions �, Routing History _ o Permit type Aspen Land Use Permit # 0017.2016 ASLU Address 1201 N MILL ST Apt/Suite - .. o City ASPEN State CO Zip 81611 x Permit Information o Master permit Routing queue aslul5 Applied 03 04I2016 o z Project F Status pending Approved 0 N Description APPLICATION FOR BLEEKER MILL DEVELOPMENT, LLC /CONDO PLAT Issued ADAM ROY Closed/Final Submitted JADAM ROY 970 274 0890 1 Clock Running Days 0 Expires OK7/2017 Submitted via Owner Last name BLEEKER MILL DEVELOPN First name 201 N MILLS ASPEN CO 81611 Phone (917) 362-3144 Address Applicant r❑ Owner is applicant? ❑ Contractor is applicant? Last name BLEEKER MILL DEVELOPN First name 201 N MILL ST ASPEN CO 81611 Phone (917)362-3144 oust # 130297 Address Email Lender Last name First name Phone ( ) Address CCG.� �g1UU S'o° q'r`J 4�� 32'S•OU ,W-11 A& W I it S II � RECtet Mu 629290, 05/12/2016 .[ 12:5626 FM, 1 .1 6. R $61.00 I.— e. y.. 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Voa y aawiwaxn q p� F •• �.:wvxwa lE a% vo Pill ?� Faa`o 6om66w a-�o rooia.a. a�iso aoma6o� rra aomaawEl 4" ce " I REURIED MAR 0 4 2016 CITY OF COMMJMTY DECVEL!k✓ -.:34 i THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 1, 2016 n Dear City of Aspen Land Use Review Applicant, DO 17 LW o ' We have received your land use application for 201 N. Mill Street, Subdivision — Condo Plat and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. G Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. • One electronic copy, in PDF format to 1-Iillary.semtnick a cityofaspen.com • Fee deposit of $975.00, checks payable to City of Aspen Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. Thar' You, i I i ck, Planner City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PDy%� Yes No ✓ Subdivision, or PD (creating more than 1 additional lot) ��- GMQS Allotments Residential ✓te- Affordable Housing n e- yes No .✓ Commercial v.. c- E.P.F. ✓►c.. Lodging n c-- • • RECEIVED MAR 0 4 2016 THE CITY OF ASPEN CITY OF ASPEN Land Use Application XWNTY TEELOWENT Determination of Completeness Date: March 1, 2016 Dear City of Aspen Land Use Review Applicant, We have received your land use application for 201 N. Mill Street, Subdivision — Condo Plat and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. • One electronic copy, in PDF format to Hillary. seminick(2cityofaspen.com • Fee deposit of $975.00, checks payable to City of Aspen Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2741 if you have any questions. jYou, i �n'�r City of Aspen, Community Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required New PD yx �. Yes No ✓ Subdivision, or PD (creating more than 1 additional lot) �a- GMQS Allotments Residential ✓lu- Affordable Housing ^ a. Yes No .✓ Commercial ►n c- E.P.F. Nc._ Lodging yt c — • • RECEIVED FEB 2 9 2016 CITY OF ASPEN CWMTY HEALOPMENT 201 NORTH MILL STREET REDEVELOPMENT (Mill Building) Condominium Plat Application Method Planning + Development 119 South Spring Street, Ste. 102 Aspen Colorado 81611 • • Application for Administrative Approval for the Condominiumization of the Mill Building at 201 North Mill Street in Aspen, Colorado Submitted by: Bleeker Mill Development, LLC 345 Park Avenue New York, NY 10154 February 29, 2016 Prepared by: Method Planning + Development Adam C. Roy 119 S. Spring Street, Suite 102 Aspen, CO. 81611 970.274.0890 0 • TABLE OF CONTENTS I. INTRODUCTION........................................................................................... 1 II. PROPERTY BACKGROUND........................................................................ 2 III. REGULATORY REQUIREMENTS............................................................ 2 A. Section 26.480.090.13 ........................................................................... 2 Appendix —APPLICATION DOCUMENTS.........................................................A I. INTRODUCTION The intention of this application is to request an administrative approval of a Condominium Plat for the improvements associated with the approved entitlements and related subdivision agreement for the property at 201 North Mill Street (the "Property"), previously commonly known as the Jerome Professional Building and to be come commonly referred to as the Mill Building, in the City of Aspen, Colorado (Legal Description — LOTS P, Q, R & S, BLOCK 78, ASEPN TOWNSITE, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO). This application is submitted pursuant to Title 26, Land Use Regulations, of the 2016 Aspen Municipal Code (the "Code") by the ownership of the property, Bleeker Mill Development, LLC (the "Ownership" and "Applicant"). The Land Use Application Form, Agreement for Payment Form, Pre -Application Conference Summary, HOA Compliance Form, Proof of Ownership, and a Letter of Representation, are provided in the Appendix as Exhibits 1-6 respectively. This application packet is organized in sections to provide the reviewer(s) with easy reference to the requested material included in the following sections: ■ Background on the existing property and any previous approvals as well as the documentation of any correspondence that has occurred between the Applicant and the Community Development Department and other City Departments; ■ Regulatory Requirements identifying what areas of the Code are relevant to the Condominium Plat being reviewed. All required or otherwise related application material and supporting documents for the administrative review are included in appendices at the back of this application packet. Page I 1 II. PROPERTY BACKGROUND Prior to the subject development, the Property located at the northwest corner of North Mill Street and East Bleeker Street, consisted of a two (2)-story office building with a partially buried parking area to the north. The previous building was built in 1979 and had received only minor interior renovations since original construction. The 12,000 square foot site is steeply sloped to the north and in the Mixed -Use (MU) zone district, however only one other small property to the west is also under this zone district while all other surrounding properties are either CC or NC. In April of 2006, the prior ownership of the Property submitted an application to raze the exiting office building and redevelop the site with a new mixed -use building containing commercial, employee housing, and free-market residential uses. The property was then sold to the current ownership in 2013. In 2013 the current Ownership amended the prior 2006 approvals as described and entitled through City Council Ordinance No. 32, Series of 2013 and the Amended and Restated Subdivision Agreement recorded on March 28, 2014 (Exhibits 7 and 8 respectively). III. REGULATORY REQUIREMENTS Pursuant to Section 26.480.050.A of the Code, the Applicant is seeking Condominiumization of the building, as it will be divided into a separate condominium units of ownership, Accordingly, a condominium plat shall be submitted to the Community Development Director for review and approval, and in accordance with the following requirements. A. Section 26.480.090.A Condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. Page 12 • • The Applicant proposes to condominiumize the building on a single parcel of land with the legal description described above and does not effect a division of that parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and does not operate as an abatement of other applicable regulations affecting the Property. 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29 — Engineering Design Standards, Plats. The proposed Condominium Plat is submitted herewith, and has been prepared consistent with the Engineering Design Standards for Condominium Plats in Section 2.3 of the City of Aspen Engineering Department Design Standards. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement geed be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. The Condominium Plat is hereby submitted for review as Exhibit 10 of this Application, and upon approval by the Community Development Department and the Engineering Department will be recorded in the office of the Pitkin County Clerk and Recorder. A Subdivision Improvement Agreement (SIA) for the project was created, submitted, reviewed, and recorded and is provided as Exhibit 8 in the Appendix of this application. Page 13 APPENDIX —APPLICATION DOCUMENTS Exhibit 1. Land Use Application Exhibit 2. Agreement for Payment Form Exhibit 3. Pre -Application Conference Summary from 01.13.2016 Exhibit 4. HOA Compliance Form Exhibit 5. Proof of Ownership Exhibit 6. Letter of Representation h;xhibit 7. City Council Ordinance No. 32, Series of 2013 Exhibit 8. Amended and Restated Subdivision Agreement, March 28, 2014 Exhibit 9. Vicinity Map Exhibit 10. Mill Building Condominium Plat ►0 • 0 ooi 1 • aorG - A-SI-U ATTACHMENT 2 —LAND USE APPLICATION PROJECT: EXHIBIT 01 R.E.CFIVED Name: Mill Building Location: 201 North Mill Street p5 PEN (Indicate street address, lot & block number, legal description where ippropriaW) -- Parcel ID # (REQUIRED) 273707317006 APPLICANT: Name: Bleeker Mill Development, LLC Address: 345 Park Avenue, New York, NY 10154 Phone #: 212-407-2485 REPRESENTATIVE: Name: Method P + D, c% Adam Roy Address: 119 S. Spring Street, Ste. 102 Phone #: 970-274-0890 TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream ® Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: EJ Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Newly constructed Mixed -use building including office/commercial, affordable and fee -market residential uses. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of the property Have you attached the following? FEES DUE: $ S975 0 Pre -Application Conference Summary ® Attachment #1, Signed Fee Agreement 63 Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards EN 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. REV"*Wn. r,7'FIMANENT F. Agreement to Pay Application Fees 0 Anagreement between the City of Aspen ("City") and Property Bleeker Mill Development, LLC Owner ("I"): c/o Michael Rudin, Manager Address of 2U1 Nortn Mill 5tre Property: Aspen, CO. 81611 (subject of application) Phone No.: 212-4072485 Email: mrudin@rudin.com Billing 345 Park Avenue Address: New York, NY 10154 (send bills here) T 02 _< G a I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $0 $0 S flat fee for Select Dept flat fee for Select Dept 0 0 flat fee for Select Dept flat fee for Select Review 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 non-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 an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. 650 2 $ deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. 325 1 $ deposit for hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $275 per hour. , City of Aspen: Propert/i Ow)or: Chris Bendon " I Community Development Director Name: Michael Rfudin City use: Q Title: Managing Member Fees Due: $ Received: $ CITY OF ASPEN EXHIBIT 03 PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 970.429.2797 DATE: 1/13/16 PROJECT: 201 N. Mill St. REPRESENTATIVE: Adam Roy, 970.274.0890 REQUEST: Condominiumization DESCRIPTION: The applicant is interested in condominiumizing the new development on this property. The lot is zoned Mixed Use (MU). Condominiumization is a form of subdivision conveying a party's separate legal ownership of a portion of a single parcel, and does not express development rights, nor divide a parcel into multiple lots. Condominiumization is an administrative form of subdivision, and must comply with Land Use Code Section 26.480,050.A, found by using the link below. The applicant will be required to submit a new plat for the parcel for review by the Community Development and Engineering Departments, and record the plat with the Pitkin County Clerk and Recorder. 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%2OFees/2013%201and%20use%20app%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) 26.304 Common Development Review Procedures 26.480.050.A Condominiumization Review by: Staff for complete application Engineering Department Planning Fees: Planning Deposit — Administrative Review ($650 for 2 hours) Referral Fees: Engineering (per hour) - $325 Total Deposit: $975 (additional hours over deposit amount are billed at a rate of $325/hour) 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, ASLU Condominiumization 201 N. Mill Street 273707317006 1 • • and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. / ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.,/ ❑ HOA Compliance form (Attached) ❑ 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. / ❑ Draft condominium plat. / ❑ A site improvement survey (no older than a year from submittal) including topography and vegetation showing the current status of the parcel certified by a registered land surveyor by licensed in the State of Colorado. V1 ❑ Written responses to all review criteria. ❑ An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 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. 0 • l � Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed bV the property owner or AttorneV representing the propertV owner. Property Name: - Owner ("I"): Email: ��✓emu IMLv� SA kf Gu✓v� Phone No.: vo 012 3 —_ — Address of c 2p I N wi'1� l�/Llll S h�tril- Property: (subject of G al w" I I application) I certify as follows: (pick one) This property is not subject to a homeowners association or other form of private covenant. ?✓v(ff-f y Is tiff �cd ��lc�x�1 d will �x s� J��l ry R 17 �s ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. understand this policy and 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. understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name date: Cidate: 2-11(' B . o r h V_vxt"k cc�s • • EXHIBIT 05 stewart title Stewart Title -Aspen 620 East Hopkins Ave View your transaction progress 24/7 via Stewart Online Aspen, CO 81611 Ask us about your login today! Date: January 29, 2016 File Number: 01330-65485-Amendment No. C4 Property: 201 North Mill Street, Aspen, CO 81611 Please direct all Closing inquiries to: Please direct all Title inquiries to: Priscilla Prohl-Cooper Phone: (970) 925-3577 Fax: (866) 277-9353 Email Address: pprohl@stewart.com SELLER: Bleeker Mill Development LLC, a Delaware limited liability company Delivery Method: Emailed LISTING AGENT: TRU Real Estate 42 Buckskin Dr Carbondale, CO 81623 Contact: Chris Striefel Phone: (970) 948-6954 Fax: (888) 463-0985 Email: TRUrealestate@gmail.com Delivery Method: Emailed Kurt Beereboom Phone: (970) 300-3149 Email Address: kurt.beereboom@stewart.com BUYER: Aspen March LLC, a Colorado limited liability company Delivery Method: Emailed SELLING AGENT: Aspen Snowmass Sotheby's International Realty 415 E Hyman Ave Aspen, CO 81611 Contact: Craig Morris Phone: (970) 925-6060 Fax: (970) 920-9993 Email: craig.morris@sothebysrealty.com Contact: Sharon Mahoney Phone: (970) 925-6060 Fax: (970) 920-9993 Email: sharon@sopris.net Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. THE WIRING INSTRUCTIONS ARE INCLUDED IN THIS TITLE COMMITMENT OR FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE. We Appreciate Your Business and Look Forward to Serving You in the Future. stewart title Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Escrow Number: 01330-65485 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695078 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-65485 Escrow Officer: Priscilla Prohl-Cooper Property Address: 201 North Mill Street Aspen, CO 81611 Buyer/Borrower: Aspen March LLC, a Colorado limited liability company Please be aware Stewart Title cannot accept ACH'S to our Escrow Account File No.: 01330-65485 Page 1 of 1 Form No. SE415VA • • ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart -5�44t 46-1w title guaranty company Matt Morris Authorized Countersignature President and CEO Stewart Title -Aspen g oNe4 620 East Hopkins Ave 1808 Aspen, CO 81611 �' '•'• ' rExA? 970 925-3577 Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 004-UN ALTA Commitment (6/17/06) AM RK AN iAvi� nni • CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http:1Avww.a1ta.ora/h. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AM [ aICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. LAN[' L [ L [i A%%(X fATION File No. 01330-65485 004-UN ALTA Commitment (6/17/06) E • COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-65485- Amendment No. C4 1. Effective Date: January 25, 2016, at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy 2006 (Extended) Proposed Insured: Aspen March LLC, a Colorado limited liability company (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Bleeker Mill Development LLC, a Delaware limited liability company 5. The land referred to in this Commitment is described as follows: Currently Described as: Lots P, Q, R and S, Block 78, City and Townsite of Aspen. County of Pitkin, State of Colorado. To Be Known As: Condominium Unit—, THE MILL CONDOMINIUM, according to Condominium Declaration thereof recorded and according to the Condominium Map of The Mill Condominium recorded at Page as Reception No. County of Pitkin, State of Colorado Purported Address: as Reception No. STATEMENT OF CHARGES $7,250,000.00 117:11F.11". Mes 3 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. .Me tic 1N All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 Page 1 of 2 STEWART TITLE.. , CO STG ALTA Commitment Sch A STO GUARANTY COMPANY 201 North Mill Street These charges are due and payable Aspen, CO 81611 before a policy can be issued Reissue Rate 2006 Owner's Policy: $5807.00 Owner's Extended Coverage: $65.00 Tax Certificate: $25.00 Copyright 2006-2009 American Land Title Association. All rights reserved. tt� The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY n COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-65485-Amendment No. C4 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Evidence satisfactory to Stewart Title of Colorado, Inc. furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. Record Condominium Map and Condominium Declaration for The Mill Condominium. 8. Receipt of and review by the Company of the following documentation: [a] the name of the contractor, and whether said contractor is bonded [b] a comprehensive list of all individuals and entities who supplied work and/or material affecting the subject property; and lien waivers from all of those individuals and entities [c] financial statements from the owner(s) and/or contractor for our financial officers to review [d] disclosure of certain construction and disbursement information including contract, plans, schedule of draws with copies of invoices and checks [e] STG Indemnity Agreement: Construction signed by the owner and/or contractor, indemnifying against liens arising from, or relating to, labor, services and/or materials furnished to the land [f] copy of the Certificate of Occupancy issued by the County of Pitkin NOTE: Approval of mechanic lien coverage must be obtained from authorized underwriting personnel of Stewart Title Guaranty Company. 9. ►Executed Assignment of Contract assigning Aspen March LLC as Buyer. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY ft COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I 10. Relating to Bleeker Mill Development LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization," the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. NOTE: Statement of Authority for Bleeker Mill Development LLC recorded August 1, 2013 as Reception No. 602196, discloses the following persons as those authorized to transact business on behalf of said entity; Rudin West I LLC, Manager, Michael Rudin, Manager. If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required 11. Release by the Public Trustee of the Deed of Trust from Bleeker Mill Development LLC for the use of Jpmorgan Chase Bank to secure $16,000,000.00, recorded May 8, 2014 as Reception No. 610187. Assignment of Rents recorded May 8, 2014 as Reception No. 610188. 12. Release of Financing Statement recorded May 15, 2014 as Reception No. 610341. 13. ►Special Warranty Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deeds are shown as follows: Personal Representatives Deed recorded August 1, 2013 as Reception No. 602195, Special Warranty Deed recorded August 1, 2013 as Reception No. 602198, Special Warranty Deed recorded August 1, 2013 as Reception No. 602199 and Special Warranty Deed recorded October 24, 2013 as Reception No, 604951. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY • • COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-65485-Amendment No. C4 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations and Exceptions as set forth in the Deed from the City of Aspen, dated February 27, 1888 and recorded April 21, 1888 in Book 59 at Page 422 as Reception No. 23674 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. 11. Terms, Conditions and Provisions of Termination Agreement of Common Interest Community (Jerome Professional Building Condominiums), dated April 29, 2014 and recorded May 8, 2014 as Reception No. 610186. 12. Do- Terms, Conditions and Provisions of Resolution No. 26 Series 2006, dated August 15, 2006, Approving Three Growth Management Review Approvals, Commercial Design Review, Special Review and Recommending that City Council Grant Subdivision Approval for the Development of a Mixed -Use Building containing Three Affordable Housing Units, Six Free -Market Mult-Family Units, and Commercial Net Lease area known as the Jerome Professional Building and located at 201 North Mill Street, City of Aspen, Pitkin County, Colorado, recorded September 11, 2006 as Reception No. 528466 . 13. [Intentionally deleted.] Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. •"'� �'• ^"' All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-65485 Page 1 of 2 STEWART TITLE A' CO STG ALTA Commitment Sch B I I STO GUARANTY COMPANY • • COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 14. Do- Terms, Conditions and Provisions of Ordinance No. 25, Series of 2007, dated June 25, 2007, Approving with Conditions Subdivision Review and Vested Property Rights for the Jerome Professional Building Redevelopment and Subdivision located at 201 North Mill Street, City of Aspen, Pitkin County, Colorado, recorded April 28, 2008 as Reception No. 548626. 15. ►Terms, Conditions and Provisions of Ordinance No. 32, Series of 2013, dated August 12, 2013, Approving with Conditions Subdivision -Other Amendment, Growth Management Review -Substantial Amendment and Commercial Design Review Approval -Other Amendment for 201 North Mill Street, legally described as the Jerome Professional Building Condominium, City of Aspen, Pitkin County, Colorado, recorded September 5, 2013 as Reception No. 603228. 16. ►Soil Nail Easement and Crane Swing Agreement, dated February 7, 2014 and recorded February 7, 2014 as Reception No. 607851 and Amendment No. 1 to Soil Nail Easement and Crane Swing Agreement dated August 20, 2014 and recorded September 4, 2014 as Reception No. 613260. 17. Terms, Conditions, Provisions and Obligations set forth in the Amended and Restated Subdivision Agreement for the Mill Building, dated March 28, 2014 and recorded March 28, 2014 as Reception No. 608957. 18. [Intentionally deleted.] 19. No- Terms, Provisions, Conditions, Obligations, Easements, Restrictions, Assessments and all other matters set forth in the Condominium Declaration for The Mill Condominium recorded as Reception No. 20. ►Easements, Rights of Way, Notes and all other matters as disclosed by Condominium Map of The Mill Condominium recorded in Plat Book _ at Page as Reception No. 21. ►[Intentionally deleted.] NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception) will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. ► Exception 6 is deleted. ► Exception 8 will be revised to read: Taxes and Assessment for the year 2015 and subsequent years, not yet due and payable. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. ..I „t AN All other uses are prohibited. Reprinted under license from the American Land Title Association. ;��,r,'�", File No. 01330-65485 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY DISCLOSURES File No.: 01330-65485 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Aspen conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-65485 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing Yes No transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non -financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you — For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non -financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-65485 Page 1 Revised 11-19-2013 • EXHIBIT 06 BLEEKER MILL DEVELOPMENT LLC February 29, 2016 City of Aspen Community Development Department 130 S. Galena St., P Floor Aspen, CO 81611 Attn: Justin Barker Dear Mr. Barker, I am writing as Managing Partner of Bleeker Mill Development LLC, a Delaware limited liability company (the "Applicant), to authorize the persons listed below to act as agents for and representatives of the Applicant in all matters related to and in connection with an Application for Condominiumization of the Mill Building at 201 North Mill St., Aspen, CO 81611. The address and phone number of the representatives are as follows: Adam Roy Method Planning + Development 119 South Spring Street, Suite 102 Aspen, CO 81611 (970) 274-0890 adam@methodpd.com B. Joseph Krabacher Sherman & Howard LLC 730 East Durant Avenue, Second Floor Aspen, CO 81611 (970) 300-0123 jkrabacher@sah.com Please contact me if you have any questions. Thank you. Bleeker Mill Development LLC A Delaware H ite liability co pany By: Michael Rudin Managing Partner Michael Rudin 345 Park avenue New York, NY10154 MANAGING PARTNER 1 212-407-2511 mrudinga rudin.com • • EXHIBIT 07 RECEPTION#: 603228, 09/05/2013 at 04:13:03 PM, 1 OF 21, R $111.00 Doc Code ORDINANCE ORDINANCE NO.32 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2013) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING WITH CONDITIONS SUBDIVISION -OTHER AMENDMENT, GROWTH MANAGEMENT REVIEW -SUBSTANTIAL AMENDMENT AND COMMERCIAL DESIGN REVIEW APPROVAL -OTHER AMENDMENT FOR 201 NORTH MILL STREET, LEGALLY DESCRIBED AS THE JEROME PROFESSIONAL BUILDING CONDOMINIUM, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel Nos. 2737-073-17-0I0 through 2737-073-17-028 WHEREAS, the Community Development Department received an application from the owner of the property requesting of the City Council amendments to the entitlements approved via Ordinance No. 25, Series of 2007; and, WHEREAS, the Applicant requires the following land use approvals: Subdivision - Other Amendment, Growth Management Review - Substantial Amendment and Commercial Design Review Approval — Other Amendment to reduce the number of residential units approved for the site and reduce the net leasable commercial/office space as well as other programmatic and architectural features of the building; and, WHEREAS, upon review of the amended application and the applicable code standards, the Community Development Department recommended approval of the application; and, WHEREAS, during a duly noticed public hearing on August 26, 2013, the City Council considered the development proposal under the applicable provisions of the Municipal Code as identified herein, reviewed and considered the recommendation of the Community Development Director, and took and considered public comment at a duly noticed public hearing; and adopted said ordinance, approving with conditions, Subdivision - Other Amendment, Substantial Amendment of a Growth Management Development Order, and Other Amendment to a Commercial Design Review Approval; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the amendments; and, WHEREAS, the City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: General Development Approval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves the following land use reviews: Subdivision - Other Amendment, Substantial Amendment of a Growth Management Development Order, and Other Amendment Ordinance No. 32 (Series of 2013) Page I of 9 to a Commercial Design Review Approval to amend the approvals granted via Ordinance No. 27, Series of 2008. The amended site specific approval permits the property to be developed with a mixed -use building containing four (4) free- market units, four (4) affordable housing dwelling units and up to 10,376 sq. ft. of net leasable commercial/office space. This approval is vested under the Land Use Code in effect in April 24, 2006, for the remaining vesting period as outlined in Resolution No. 42 (Series of 2009). Section 2: Plat and Agreement The Applicant shall record an amendment to the subdivision agreement that meets the requirements of Land Use Code Chapter 26.480, Subdivision, within 180 days of approval; however, a subdivision plat is not required to be filed. Section 3: Dimensional Requirements Dimensional Requirement $� ME.s�,, ApprovedMoll llimiensions r Yq Minimum Lot Size 12,000 sq. ft. Minimum Lot Width 120 sq. ft Minimum Lot Area/Dwelling N/A Minimum Front Yard Setback 10 Feet Minimum Alternative Front Yard Setback 7 Feet Minimum Side Yard Setback 5 Feet Minimum Rear Yard Setback 5 Feet Maximum Height 32 Feet Floor Area Ratio (FAR) 2:1 or Commercial: 24,000 sq. ft. <.802:1 Affordable >.42:1 Free -Market: <.79:1 Minimum Off -Street Parkin 21 spaces" _ Maximum Unit Size*** 2,000 sq. ft. Notes: * The Mixed -Use zone district requires that the total free-market residential Floor Area on the parcel be no greater than the commercial Floor Area; the standard is met as the commercial net leasable equals over 10,000 sq. ft. while the residential net livable is less than 8,000 sq. ft. ** Four of the parking spaces are required to be provided for the affordable housing units. *** The land use code in 2006 permits a unit to be up to 2,000 sq. ft. in net livable area but does not permit the extinguishment of a Transferable Development Right to increase the unit size Ordinance No. 32 (Series of 2013) Page 2 of 9 Section 4: Affordable Housing All of the affordable housing units shall meet the APCHA Guidelines. The Applicant may choose two purchasers for the affordable housing units that qualify via APCHA's guidelines with regard to top priority. Units shall be for sale units. All units meet the required standards of providing a percentage of the finished floor at or above natural or finished grade. Following are the number and type of units approved. Category Number of Unit Type Minimum Net Units Livable per Unit 4 3 3 bedroom 1@1,235 1@1,291 1 1,278 2 1 3 bedroom 1,098 The Certificate of Occupancy for the free-market portion shall not be issued until the Certificate of Occupancy for all of the deed restricted units have been executed. All deed restrictions shall be recorded coincident with the recordation of a condominium plat and prior to the issuance of the Certificate of Occupancy. One annual membership shall be purchased for the initial residents of each affordable housing unit for the Car to Go program. Additionally, one off-street parking space shall be provided for each unit. Section 5: Buildina Permit Application The applicant may not submit a Building Permit Application until the requirements in Land Use Code § 26.304.075.A, Building Permit Application, are fulfilled. The building permit application shall include the following: A. A copy of the Development Order issued by the Community Development Department (see § 26.304.075(A)(2), City of Aspen Municipal Code.) B. A copy of the final City Council Ordinance. C. The conditions of approval shall be printed on the cover page of the Building Permit set. D. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. E. Accessibility and ANSI requirements shall meet adopted Building Code requirements. Section 6: Engineering Final design shall be compliant with all sections of the City of Aspen Municipal Code, Title 21 and all construction and excavation standards published by the Engineering Department inclusive but not limited to the Urban Runoff Management Plan Requirements (URMP) construction management and excavation stabilization requirements. The development will coordinate its plans with the engineering department on its Mill Street Complete Street project. Further design detail is required prior to building permit submission for the engineering Ordinance No. 32 (Series of 2013) Page 3 of 9 department to determine whether the sidewalk on Bleeker Street may be attached, detached or a combination of the two options. Section 7: Fire Mitisation All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Stand Pipes for fire protection need to extend into the basement. Service size needs to account for the required fire flows. The alley size needs to accommodate aerial fire truck access for a minimum width of 20 feet or as otherwise approved by the Fire Marshal. Section 8: Water Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 9: Sanitation District Requirements A. Service is contingent upon compliance with the District's rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. B. On -site utility plans require approval by ACSD. C. Oil and Grease interceptors (NOT traps) are required for all food processing establishment; Locations of food processing shall be identified prior to building permit; even though the commercial space is tenet finish, interceptors will be required at this time if food processing establishments are anticipated for this project. D. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shafts drains must flow thru o/s interceptor. E. Old service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements may be required where more than one unit is served by a single. service line. Permanent improvements are prohibited in sewer easements or right of ways. F. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. G. All ACSD fees must be paid prior to the issuance of a building permit. H. The glycol heating and snow melt system must be designed to prohibit and discharge of glycol to any portion of the public and private sanitary sewer system. The glycol storage areas must have approved containment facilities. Ordinance No. 32 (Series of 2013) Page 4 of 9 Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. J. Applicant's civil engineer will be required to submit existing and proposed flow calculations. Section 10: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer has sufficient capacity for the redevelopment. If a new supplemental transformer is required to be installed, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental_ transformer for maintenance purposes, if a supplemental transformer is installed Section 11: Exterior Lighting All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. Section 12: School Lands Dedication Fee Pursuant to Land Use Code Section 26.620, School Lands Dedication, the Applicant shall pay a fee -in -lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal. The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 13: Impact Fees Pursuant to Land Use Code Section 26.610, Impact Fees, the Applicant shall pay a Parks Development impact fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit submittal. As the land use application was submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality impact fee, the fee shall not be required. Section 14: Parks A. Excavation: any excavation under the drip line of a tree to be preserved will need to approved and receive a drip line permit along with the tree permit. The existing retaining wall along the western boundary shall be maintained to protect trees along the shared property line. Vertical excavation may be required and over digging will be prohibited in such zones; work in these zones will need to be coordinated with the Parks Department. B. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. Ordinance No. 32 (Series of 2013) Page 5 of 9 This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root damage is required to be minimized by preserving the existing foundation, unless an alternative is acceptable and approved by the Parks Department, around the large Spruce Tree. C. An approved tree permit will be required before any demolition or access infrastructure work takes place. Mitigation for tree removals shall be required. D. The applicant will need to contract with a tree service, and have them on -call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned by the on -call tree service. Root trenching will be required around all trees that will be subject to excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. E. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, including: o Street tree plantings shall be evenly spaced a minimum of 20 foot on -center. o ROW plantings require adequate irrigation pressure and coverage. o Improvements to the soil profiles of the ROW (amending the current soils to improve air, water filtration and increase longevity of the new plantings) may be necessary and shall be reviewed by the Parks Department. o Tree trenches will need to be utilized for the street tree plantings. Bleeker Street planting can be accomplished with an attached curb and sidewalk with a brick paver accent. F. Applicant should work with the developer of the adjacent property (to the west) to coordinate the access issues, tree removals and grading associated with opening of the alley. Section 15: Cost and Financial Assurances A. Proof of Financing. Before the issuance of a building permit for the development of the property, and as a condition of such approval, owner shall provide to the City Building Department and City Attorney for review and approval, satisfactory evidence that owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance; provided, if there is no loan with respect to development of the project, then owner shall provide a letter from a financial institution stating that the owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from owner or third party investors or contributors. In addition, before issuance of a building permit for the project, owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by owner's general contractor for review and approval by the City of Aspen Building Department. Ordinance No. 32 (Series of 2013) Page 6 of 9 C • B. Cash Escrow for Site Enhancement Fund. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO HUNDRIFD FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: In the event construction work on the development of the project shall cease for ninety (90) days or longer, to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on said parcel and cessation of such construction work continues for a period of one hundred twenty (120) days after notice from the City to the owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such one hundred twenty (120) day period and owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City, in its reasonable discretion, may draw upon the Site Enhancement Escrow Funds from time to time as needed for the purposes of improving the appearance of any construction work not already completed on the site. ii. The Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the parcel or when otherwise agreed to by Owner and the City. C. Cash Escrow for Site Protection. Before the issuance of a building permit for the project, and as a condition of such issuance, the owner will deposit with a title company the sum of TWO IIUNDRED FIFTY THOUSAND DOLLARS AND NO/100THS ($250,000.00)("Escrow Funds") in the form of cash or wired funds pursuant to an Escrow Agreement made and entered into between the owner and the City which shall provide as follows: In the event constriction work on the development of the project shall cease for sixty (60) days or longer ("Work Stoppage"), prior to a final inspection by the City of the work authorized by a foundation/structural frame permit ("F/SFP") on such lot, and cessation of such construction work continues for a period of thirty (30) days after notice from the City to owner specifying the subject work in reasonable detail, or if such breach cannot be cured reasonably within such thirty (30) day period and the owner fails to commence and proceed diligently to cure such breach within a reasonable time period, then the City in its reasonable discretion may draw upon the Escrow Funds from time to time as needed for the purposes of protecting and securing the construction site and improvements thereon from damage by the elements and/or from trespass by unauthorized persons, and for purposes of improving the site to a safe condition such that it does not become an attractive nuisance or otherwise pose a threat to neighbors or other persons. ii. Icalf of the Escrow Funds shall be returned to the owner upon completion by the City of a final inspection of the work authorized by the Foundation/Structural Frame Permit on the Ordinance No. 32 (Series of 2013) Page 7 of 9 • • project. The balance of funds shall be returned to the owner once exterior finishes to the building have been installed. Section 16: Vested Rights The development approvals granted herein shall constitute a site -specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Subject Property and shall confer upon the Applicant the right to undertake and complete the site specific development plan and use of said property under the terms and conditions of the site specific development plan including any approved amendments thereto. As the current approval is a site specific development plan approved via Ordinance No. 25 (Series of 2007), the approved amendments are subject to the existing vesting period and shall sunset on February 5, 2015 as noted in City Council Resolution 42 (Series of 2009). However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, void Permits. Section 17: All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. Section 18: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 19• If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 20: A public hearing on this ordinance shall be held on the 26th day of August, 2013, at a meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Ordinance No. 32 (Series of 2013) Page 8 of 9 • Aspen, Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 12'' day of August, 2013. Attest: zk� Kathryn S. Vch, City Clerk Steven Skadron Mayor FINALLY, adopted, passed and approved this 26t" day of August, 2013. Attest: 1 t 0( Kathryn S. ch, City Clerk Steven Skadron, ayor Approved as to form: 0 ity Attorney List of Exhibits Exhibit A — Approved Exterior Elevations and floor plans Ordinance No. 32 (Series of 2013) Page 9 of 9 • 0 f-�t�A- m �y-it " 9d JEROME PROFESSIONAL BUILDING 201 NORTH MILL ST. I ASPEN, CO • a , F � —3RF ��1�wl� 9 of ¢ JEROME PROFESSIONAL BUILDING Liar d MILL 51 ASPEN, CO{��} i�'� _• 3 Hil!I� (0 H JEROME PROFESSIONAL BUILDING ! �_ t �,,�� MILL ST. I ASPEN. CO ''�fiE'.fl, Hill JEROME PROFESSIONAL BUILDING MILE St. ASPEN, CO E)QSTWG SM1LLWAM JEROME PROFESSIONAL BUILDING E"Hil MILL ST. I ASPEN. CO lsr JEROME PROFESSIONAL BUILDING �Ip'pill � t� MITI Sr. I ASPEN, CO ! ; Jill JEROME PROFESSIONAL BUILDING i MILL ST. I ASPEN, CO • Z :� H if of qr JEROME PROFESSIONAL BUILDING MILLST. I ASPEN, CO '�"� _ �.. �'� r�t��C v v v a N a CL M c =a w Z -a v N Q O i Q 4- 6J v 41 N E t 4- 0 C 0 N • v v a� a a� n rn c vi a Ln 0 Q 0 L- Q 1 v v s O C e- O N v v v Q V 0_ a) c Z -a a V) 0 0_ 0 Q (Li a 4-1 V, E t O C e- O N RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 1 OF 14, R $76.00 Janice K. Vos Caud0 Pitkin County, CO EXHIBIT 08 AMENDED AND RESTATED SUBDIVISION AGREEMENT FOR THE MILL BUILDING THIS AMENDED AND REST f�T_E��D��SUBDIVISION AGREEMENT (this "Agreement") is made this ',$ day of We'K , 2014, between BLEEKER MILL DEVELOPMENT, LLC, as the owner of units in the former Jerome Professional Building Condominiums (the "Owner") and THE CITY OF ASPEN, a municipal corporation (the "City"). RECITALS: WHEREAS, Owner owns that certain real property (the "Property") located at 201 North Mill Street (Parcel Identification Numbers 2737-073-17-010 through 2737-073-17-028), and commonly known as the Jerome Professional Building (and to be known as The Mill Building upon redevelopment), situated on Lots P, Q, R and S, Block 78, City & Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the subject Property is zoned Mixed -Use (MU) and has a Lot Area of 12,000 square feet; and, WHEREAS, Owner applied to the City of Aspen in April 2006 for three (3) Growth Management Quota Systems ("GMQS") approvals pursuant to §26.470.040; Commercial Design Review approval pursuant to §26.412; Special Review approvals to increase the allowable free-market residential and commercial Floor Area Ratios (F.A.R.) pursuant to §26.430.040(A); and Subdivision approval pursuant to §26.480.050 of the City Code to construct a mixed use building at 201 N. Mill Street, Aspen, Colorado 81611 (collectively, the "Project" or the "Subdivision"); and, WHEREAS, on August 15, 2006, the City of Aspen Planning and Zoning Commission ("P&Z") approved Resolution Number 26, Series of 2006 granting the three (3) GMQS allotments, Commercial Design Review and Special Review requests, and recommending that City Council approve the proposed subdivision to construct a mixed -use building at the Property ("Resolution No. 26"); and, WHEREAS, on January 14, 2008, the City Council of the City of Aspen granted approval with conditions of a subdivision and vested property rights to the Project pursuant to Ordinance No. 25, Series of 2007 ('Ordinance No. 25"), including entering into a Subdivision Agreement for the Property; and, WHEREAS, on July 27, 2009, the City Council of the City of Aspen granted approval with conditions of extended vested property rights to the Project pursuant to Resolution No. 42, Series of 2009; and, WHEREAS, Owner entered into a Subdivision Agreement for the Property, which was recorded August 1, 2008 as Reception No. 551554 of the records of Pitkin County, Colorado (the "Original SIA"); and, BUS RE/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 2 OF 14, Janice K. Vos Caudil0itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 2 of 14 WHEREAS, on August 26, 2013, the City Council of the City of Aspen granted approval with conditions of Subdivision - Other Amendment, Growth Management Review - Substantial Amendment and Commercial Design Review Approval — Other Amendment to a Commercial Design Review Approval to reduce the number of residential units approved for the site and reduce the net leasable commercial/office space as well as other programmatic and architectural features of the building pursuant to Ordinance No. 32, Series of 2013 ("Ordinance No. 32"), including approval to enter into an Amended and Restated Subdivision Agreement for the Property which will amend and restate the Original SIA in its entirety; and, WHEREAS, the City has imposed conditions and requirements in connection with its approval, which matters are necessary to protect, promote and enhance the public health, safety and welfare, and the Owner is prepared to enter into this Amended and Restated Subdivision Agreement incorporating such conditions and requirements; and, WHEREAS, Owner has agreed to provide certain cost and financial assurances to the City as set forth below in Article IV "Cost and Financial Assurances" to ensure that the required public facilities are installed, and that required landscaping is implemented and maintained, and Owner is prepared to provide such guarantees as set forth in Article IV. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and the approval, execution, and acceptance by the City of this Agreement for recordation, it is agreed as follows: ARTICLE 1. PURPOSE AND EFFECT OF SUBDIVISION AGREEMENT 1.1 Purpose. The purpose of this Agreement is to set forth the complete and comprehensive understanding and agreement of the parties with the respect to the development of the Subdivision and to enumerate all terms and conditions under which such development may occur. 1.2 Effect. It is the intent of the parties that this Agreement shall effectively supersede and replace in their entirety the Original SIA and all previously recorded and unrecorded subdivision, condominium, and other land use approvals and related plats, maps, declarations, and other documents and agreements encumbering the Property other than Resolution No. 26 and Ordinance No. 25, as amended by Ordinance No. 32. With the exception of the correction to Section 3 of Ordinance No. 32, which has been corrected as set forth in Section 3.4 below, if there is any conflict between the terms herein and the terms of Resolution No. 26 or the terms of Ordinance No. 25, as amended by Ordinance No. 32, then Resolution No. 26, as amended by Ordinance No. 32 (with the correction to Section 3 of Ordinance No. 32) shall control. Any references in this Agreement to "Ordinance No. 32" shall mean and refer to Ordinance No. 32 (with the correction to Section 3 of Ordinance No. 32 as set forth in Section 3.4 below). BUS Rr/4824128.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 3 OF 14, Janice K. Vos Caudil0itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 3 of l4 ARTICLE 11. ZONING AND REGULATORY APPROVALS 2.1 Pursuant to Resolution No. 26, P&7_ granted the requested GMQS Allotments, Commercial Design Review, and Special Review Approvals. Also pursuant to Resolution No. 26, the P&Z recommended that City Council approve the subdivision subject to certain conditions set forth in Resolution No. 26. 2.2 Pursuant to Ordinance No. 25 as amended by Ordinance No, 32, City Council granted approval of the subdivision of the Property for the construction of a mixed -use building consisting of four (4) free- market units, four (4) affordable housing units containing a minimum of 4,902 sq. ft. of net livable area, and a commercial component containing a maximum of 10,376 sq. ft. of net leasable area on the Property, subject to conditions and requirements set forth in Ordinance No. 32 in connection with its approval, which matters the City determined are necessary to protect, promote and enhance the public health, safety and welfare. The Commercial use F.A.R. was approved at .802: 1 and the Free -Market Multi -Family use F.A.R. was approved at .79:1. The exterior design of the building shall be constructed as represented to the City Council and shown in Exhibit A of Ordinance No. 32. ARTICLE 111. DEVELOPMENT AND USE: REQUIREMENTS AND RESTRICTIONS 3.1 Planning and Zoning Resolution No. 26, Series 2006. In addition to the conditions set forth in Ordinance No. 25 as amended by Ordinance No. 32, all of the conditions required by Resolution No. 26 shall be satisfied except to the extent any such conditions are inconsistent with the Ordinance No. 32, in which case, Ordinance No. 32 shall govern and control. 3.2 Recording. Owner shall record this Agreement in the office of the Pitkin County Clerk and Recorder no later than March 31, 2014, as permitted by the February 21, 2014 administrative approval for extension of the recording deadline of this Agreement granted by the City Community Development Director. Whereas the development is configured in such a way that a subdivision plat is similar to a Condominium Plat and Map, any required subdivision plat shall be recorded at the time of Condominium Plat and Map recordation. Recordation shall occur after building permit issuance, but prior to the issuance of a Certificate of Occupancy. 3.3 Building Permit Application. In addition to such requirements enumerated elsewhere herein and otherwise required by the City of Aspen Building Department, including the requirements of Land Use Code § 26.304.075.A, the building permit application for the Property shall include the following: a. A copy of the Development Order issued by the Community Development Department under Land Use Code § 26.304.075(A)(2). A copy of the final recorded Ordinance (Ordinance No. 32, Series of 2013). BUS Rt/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 4 OF 14, Janice K. Vos Caudi1 itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 4 of 14 C. The conditions of approval of Ordinance No. 32 printed on the cover page of the building permit set. d. A construction management plan (CMP) and drainage report pursuant to Engineering and Building Department requirements. C. Accessibility and ANSI requirements shall meet adopted Building Code requirements. 3.4 Dimensional Requirements. The redevelopment of the Project as presented and approved by the City Council on Ordinance No. 32 complies with the dimensional requirements of the Mixed -Use (MU) zone district, including the FAR limits approved by Special Review and noted in Section 2.2 of this Agreement. Off-street parking is to be provided on -site to meet the minimum required parking spaces in accordance with the 2006 version of the Land Use Code under which the Property is vested and the Mill Street and Bleeker Street setbacks shall reflect the representations made by the Applicant during the land use review process. As proposed, a minimum of nineteen (19) parking spaces are required to satisfy the development approved by the City, and this clarification in the parking requirement shall be deemed a correction of Section 3 of Ordinance No. 32. As represented by the Applicant and approved by the City, the minimum yard setback is seven feet eight inches (7'-8") for Mill Street and six feet five inches (6'-5") for Bleeker Street, and this clarification in the setback requirement shall be deemed a correction of Section 3 of Ordinance No. 32. 3.5 Sidewalks, Curbs and Gutters. Taking into account ADA requirements that allow ADA slopes to follow the grade of Mill Street and Bleeker Street, the sidewalks and right- of-way improvement design shall meet the standards as previously determined by the City of Aspen Development Engineer, the details of which will be provided for in subsequent documentation between the Owner and the City of Aspen Engineering Department. 3.5.1 The Owner and the City Engineer will work cooperatively in order to align and coordinate, to the extent reasonably possible and feasible, the design and construction of the City of Aspen's proposed Mill Street Improvement Project and the Owner's current redevelopment of the Property. 3.5.2 Prior to the issuance of a building permit, Owner shall provide a sidewalk, curb and gutter plan that meets the approval of the City Engineer. Permits will be obtained for any work within a City right-of-way. 3.6 Affordable Housing. The affordable housing requirements of the Project shall be met with the following provisions: a. There will be four (4) dwelling units. The unit configuration shall be three three -bedroom Category 4 units; and one three -bedroom Category 2 unit. 0US_RF./4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 5 OF 14, Janice K. Vos Caudi1 itkin County, CO • Amended and Restated Subdivision Agreement The Afill Building Page 5 of 14 b. All of the affordable housing units shall meet the APCHA Guidelines. The Owner may choose two purchasers for the affordable housing units that qualify via APCI IA's guidelines with regard to top priority. Units shall be for sale units. All units meet the required standards of providing a percentage of the finished floor at or above natural or finished grade. C. The Certificate of Occupancy for the free-market portion shall not be issued until the Certificate of Occupancy for all of the deed restricted units have been executed. All deed restrictions shall be recorded coincident with the recordation of a Condominium Plat and Map and prior to the issuance of the Certificate of Occupancy. d. One annual membership shall be purchased for the initial residents of each affordable housing unit for the Car to Go program. e. One off-street parking space shall be provided for each unit 3.7 Fire Mitigation. All codes adopted by the Aspen Fire Protection District shall be met. This includes but is not limited to access (International Fire Code (IFC), 2003 Edition, Section 503), approved fire sprinkler and fire alarm systems (IFC, as amended, Section 903 and 907). Stand Pipes for fire protection need to extend into the basement. Service size needs to account for the required fire flows. The alley size needs to accommodate aerial fire truck access for a minimum width of 20 feet or as otherwise approved by the Fire Marshal. 3.8 Water Department Requirements. Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. 3.9 Sanitation District Requirements. a. Service is contingent upon compliance with the Aspen Consolidated Sanitation District (ACSD) rules, regulations, and specifications, which are on file at the District office. ACSD will review the approved Drainage plans to assure that clear water connections (roof, foundation, perimeter, patio drains) are not connected to the sanitary sewer system. b. On -site utility plans require approval by ACSD. C. Oil and Grease interceptors (not traps) are required for all food processing establishments; locations of food processing shall be identified prior to building permit; even though the commercial space is tenant finished, interceptors will be required at this time if food processing establishments are anticipated for this Project. BUS RI94824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 6 OF 14, Janice K. Vos Caudil0itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 6 of 14 d. Oil and Sand separators are required for parking garages and vehicle maintenance establishments. Driveway entrance drains must drain to drywells. Elevator shaft drains must flow through an oil and sand interceptor. e. Old sewer service lines must be excavated and abandoned at the main sanitary sewer line according to specific ACSD requirements. Below grade development may require installation of a pumping system. One tap is allowed for the building. Shared service line agreements may be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer casements or rights of way, unless specifically approved by ACSD. f. Landscaping plans will require approval by ACSD where soft or hard landscaping may impact public rights of way or easements to be dedicated to the District. g. All ACSD fees must be paid prior to the issuance of a building permit. h. Any glycol heating and snow melt system must be designed to prohibit the discharge of glycol to any portion of the sanitary sewer system. Any glycol storage areas must have approved containment facilities. i. Soil Nails are not allowed in the public ROW above ASCD main sewer lines and within 3 feet vertically below an ACSD main sewer line. j. Owner's civil engineer will be required to submit existing and proposed flow calculations. 3.10 Electrical Department Requirements. Owner shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer has sufficient capacity for the redevelopment. If a new or supplemental transformer is required to be installed, Owner shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. Owner shall dedicate an easement on the Project to allow for City Utility Personnel to access the new and/or supplemental transformer for maintenance purposes, if a supplemental transformer is installed. 3.11 Environmental Health. Mitigation measures will be implemented to alleviate the negative effect on the air quality from the additional trips generated by the Project. Owner will enroll affordable housing residents in the Car to Go program as mentioned in Section 3.6 above. Owner may also consider providing free bus passes for employees, having the businesses and Homeowner's Association actively participate in the City's Transportation Options Program (TOP), and/or providing secure bike storage. 3.12 Exterior Lighting. All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26.575.150, Outdoor lighting. BUS RE./4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 7 OF 14, Janice K. Vos Caudil0itkin County, CO 0 Amended and Restated Subdivision Agreement The Mill Building Page 7 of 14 3.13 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.620, School Lands Dedication, Owner shall pay a fee -in -lieu of school land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit application submittal. Owner shall provide the market value of the land including site improvements, but excluding the value of structures on the site as of the date of building permit submission. 3.14 Impact Fees. Pursuant to Land Use Code Section 26.610, Impact Fees, Owner shall pay a Parks Development impact fee assessed at the time of building permit application submittal and paid at building permit issuance. The amount shall be calculated using the methodology and fee schedule in effect at the time of building permit application submittal. As the land use application was submitted prior to adoption of the Transportation Demand Management (TDM)/Air Quality impact fee, payment of this fee shall not be required. 3.15 Parks. A. Excavation: any excavation under the drip line of a tree to be preserved will need to approved and receive a drip line permit along with the tree permit. The existing retaining wall along the western boundary shall be maintained to protect trees along the shared property line. Vertical excavation may be required and over digging will be prohibited in such zones; work in these zones will need to be coordinated with the Parks Department. B. Tree Protection: A vegetation protection fence shall be erected at the drip line of each individual tree or groupings of trees remaining on site and their represented drip lines. A formal plan indicating the location of the tree protection will be required for the building permit set. No excavation, storage of materials, storage of construction backfill, storage of equipment, foot or vehicle traffic allowed within the drip line of any tree remaining on site. This fence must be inspected by the city forester or his/her designee before any construction activities are to commence. Root damage is required to be minimized by preserving the existing foundation, unless an alternative is acceptable and approved by the Parks Department, around the large Spruce Tree. C. An approved tree permit will be required before any demolition or access infrastructure work takes place. Mitigation for tree removals shall be required. D. The Owner will need to contract with a tree service, and have them on -call in order to address all roots greater than 2 inches in diameter. Roots 2" or greater shall be professionally pruned by the on -call tree service. Root trenching will be required around all trees that will be subject to excavation under the drip line or next to the drip line. This can be accomplished by an experienced tree service company or trained member of the contractor's team. E. Landscaping and Sidewalk landscaped area: Landscaping in the public right of way will be subject to landscaping in the ROW requirements, including: nUS RF/482472H.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 8 OF 14, • Janice K. Vos Caudil0itkin County, CO . • • Amended and Restated Subdivision Agreement 7'he Mill Building Page 8 of 14 • • Street tree plantings shall be evenly spaced a minimum of 20 foot on -center. • ROW plantings require adequate irrigation pressure and coverage. • Improvements to the soil profiles of the ROW (amending the current soils to improve air, water filtration and increase longevity of the new plantings) may be necessary and shall be reviewed by the Parks Department. • Tree trenches will need to be utilized for the street tree plantings. Blecker Street planting can be accomplished with an attached curb and sidewalk with a brick paver accent. F. Owner should work with the developer of the adjacent property (to the west) to • coordinate the access issues, tree removals and grading associated with opening of the alley. 3.16 Vested Riehts. The development approvals granted herein shall constitute a site - specific development plan and a vested property right pursuant to Land Use Code Section 26.308.011 attaching to and running with the Property and shall confer upon the Owner the right to undertake and complete the site specific development plan and use of the Property under the terms and conditions of the site specific development plan including any approved amendments thereto. • As the current approval is a site specific development plan approved via Ordinance No. 25 (Series of 2007), the approved amendments are subject to the existing vesting period and shall sunset on February 5, 2015 as noted in City Council Resolution 42 (Series of 2009). However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of . said vested property rights. Unless otherwise exempted or extended, failure to properly record all • documents required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of § 26.104.050, Void Permits. 3.17 Material Representations. All material representations and commitments made by the Owner pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. • ARTICLE IV. COST AND FINANCIAL ASSURANCES 4.1 Nature and Estimated Cost of Improvements. Owner shall be responsible for construction and installation of all public improvements required hereunder (the • "Improvements"). 4.2 Proof of Financing. Before the issuance of a building permit for the development of the Property, and as a condition of such approval, the Owner shall provide to the iCity Building Department and City Attorney for review and approval, satisfactory evidence that . Owner has in place sufficient financing to accomplish and complete the construction of the development of the project covered by the building permit and any public improvements identified within an improvements agreement and required under this ordinance; provided, if BUS RB/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 9 OF 14, Janice K. Vos Caudi10itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 9 of 14 there is no loan with respect to development of the Project, then the Owner shall provide a letter from a financial institution stating that the Owner has funds available in an amount that covers the estimated cost of construction for the development. Such financing may include without limitation, a construction loan from an institutional lender or lenders and equity capital investments and/or donations from Owner or third party investors or contributors. In addition, before issuance of a building permit for the Project, the Owner shall provide supporting cost estimates for all improvements covered by the requested building permit prepared by Owner's general contractor for review and approval by the City of Aspen Building Department. 4.3 Cash Escrow for Site Enhancement Fund. 4.3.1 The Owner and the City have entered into that certain Escrow Agreement dated December 5, 2013 with Stewart Title Company ("Escrow Agent"), a copy of which is attached hereto as Exhibit A (the "Escrow Agreement"), whereby the Developer has deposited 50% of the Site Enhancement Escrow Funds (i.e., One Hundred Twenty Five Thousand Dollars ($125,000.00)) with the Escrow Agent, and the City has issued a demolition permit for the Project. Before the issuance of any building permit for "vertical construction work" (for avoidance of doubt, "vertical construction work" means any actual physical construction not required for excavation, shoring or drilling work) for the Project, and as a condition of such issuance, the Owner will deposit with the Escrow Agent the remaining 50% (i.e., One Hundred Twenty Five Thousand Dollars ($125,000.00) of the total sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (the "Site Enhancement Escrow Funds") in the form of cash or wired funds pursuant to the Escrow Agreement (as defined in Section 4.5 below). The Escrow Agreement sets forth detailed provisions regarding the use and disbursement of the Site Enhancement Escrow Funds, including obligations in the event construction work on the development of the Project shall cease for ninety (90) days or longer, and the provisions of the Escrow Agreement are incorporated herein by this reference. As provided in the Escrow Agreement, the Site Enhancement Escrow Funds or any remaining balance thereof shall be returned to the Owner, upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the Project. If a portion of the Site Enhancement Escrow Funds is to used as a Landscape Guarantee, the provisions of Section 4.3.1 below shall apply. 4.3.2 The parties may agree that of the Two Hundred Fifty Thousand Dollars ($250,000.00) deposited as the Site Enhancement Escrow Funds as set forth in Section 4.3 above, Thirty Five Thousand Dollars ($35,000.00), which the Owner elects to designate and maintain as a landscape guarantee (the "Landscape Guarantee"), in lieu of any other security for performance of the landscaping improvements. The dollar amount of the Landscape Guarantee represents no less than one hundred twenty-five percent of the landscape improvements proposed for the Project. Three Thousand Five I lundred Dollars ($3,500.00) (i.e., ten (10%) percent of the Landscape Guarantee) shall be withheld until all proposed landscaping improvements are completed and approved by the City. Eight Thousand Seven Hundred Fifty Dollars ($8,750.00) (i.e., twenty-five (25%) percent of the Landscape Guarantee) shall be retained until the landscape improvements have been maintained in a satisfactory condition through the duration of one full spring/summer/fall growing season after issuance of the Certificate of Occupancy for the Project. The balance of the Landscape Guarantee will be BUS _RF14824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 10 OF 14, Janice K. Vos Caudi 10 itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page /0of/4 released and refunded to Owner upon completion by the City of a final inspection and issuance of a Certificate of Occupancy for the Project. The Escrow Agreement shall be amended to provide for this dual purpose. 4.4 Cash Escrow for Site Protection. The Developer has deposited 50% (i.e., One Hundred Twenty Five Thousand Dollars ($125,000.00)) of the Site Protection Escrow Funds with the Escrow Agent pursuant to the Escrow Agreement, and the City has issued a demolition permit for the Project. Before the issuance of any building permit for "vertical construction work" (for avoidance of doubt, "vertical construction work" means any actual physical construction not required for excavation, shoring or drilling work) for the Project, and as a condition of such issuance, the Owner will deposit with the Escrow Agent the remaining 50% (i.e., One Hundred Twenty Five Thousand Dollars ($125,000.00) of the total sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (the "Site Protection Escrow Funds") in the form of cash or wired funds pursuant to the Escrow Agreement. The Escrow Agreement sets forth detailed provisions regarding the use and disbursement of the Site Protection Escrow Funds, including obligations in the event construction work on the development of the Project shall cease for sixty (60) days or longer, and the provisions of the Escrow Agreement are incorporated herein by this reference. As provided in the Escrow Agreement, the Site Protection Escrow Funds or any remaining balance thereof shall be returned to the Owner, upon the final inspection approval of the foundation/structural frame for the Project. ARTICLE V. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City determines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City shall notify Owner in writing specifying the alleged non-compliance and ask that Owner remedy the alleged non-compliance within such reasonable time as the City may determine, but not less than thirty (30) days. If the City determines that Owner has not complied within such time, the City may issue and serve upon Owner a written order specifying the alleged non-compliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Owner may file with the City either a notice advising the City that it is in compliance or a written petition requesting a hearing to determine any one or both of the following matters: A. Whether the alleged non-compliance exists or did exist, or B. Whether a variance, extension of time or amendment to this Subdivision Agreement should be granted with respect to any such non-compliance which is determined to exist. Upon the receipt of such petition, the City shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that a non- compliance has not been remedied, it may issue such orders as may be appropriate, including the BU$ R[/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 11 OF 14, Janice K. Vos Caudil if itkin County, CO 0 Amended and Restated Subdivision Agreemenl The Mill Building Page 11 of 14 imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy as applicable; provided, however, no order shall terminate any land use approvals. The City Council may also grant such variances, extensions of time, or amendments to this Subdivision Agreement requested by Owner as it may deem appropriate under the circumstances. The parties expressly acknowledge and agree that the City shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of God or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE VI. GENERAL PROVISIONS 6.1 Notices. Notices to the parties shall be sent in writing by U.S. certified mail, return receipt requested, postage prepaid. Such notices shall be deemed received, if not sooner received, three (3) days after the date of the mailing of the same. To the Owner Blecker Mill Development, L1,C 345 Park Avenue New York, New York 10154 Attention: Michael Rudin With Copy to: B. Joseph Krabacher Sherman & Howard LLC 320 West Main Street Aspen, CO 81611 To the City: City Manager City of Aspen 130 South Galena Street Aspen, CO 81611 With Copy to: City Attorney City of Aspen 130 S. Galena Street Aspen, CO 81612 The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least five (5) days' written notice. 6.2 Binding Effect. The provisions of this Agreement shall run with and constitute a burden on the land and shall be binding upon and inure to the benefit of the Owners, their successors and assigns, and to the City and its successors and assigns. BUS RG/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 12 OF 14, Janice K. Vos Caudil0itkin County, CO 9 Amended and Restated Subdivision Agreement The Hill Building Page 12 of 14 6.3 Amendment. This Agreement may be altered or amended only by written instrument executed by all parties hereto, with the same formality as this Agreement was executed. 6.4 Severability. If any provision, paragraph, sentence, clause, phrase, word, or section of this Subdivision Agreement is determined to be invalid, such invalidity shall not affect the remaining provisions hereof. 6.5 Headinps. Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. 6.6 Execution. City agrees to approve and execute this Subdivision Agreement and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of recordation fees by Owner. 6.7 Choice of Law. This Agreement shall be subject to and construed in accordance with the laws of the State of Colorado. 6.8 Entire Agreement. This Agreement contains the entire understanding between the parties hereto with respect to the subject matter hereof. [Remainder of page intentionally left blank] BUS RL/4824728.2 RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 13 OF 14, Janice K. Vos Caudil0itkin County, CO • Amended and Restated Subdivision Agreement The Mill Building Page 13 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. OWNER: BLEEKER MILL DEVELOPMENT, LLC A Delaware limited liability company By: Rudin West ), LLC Its MAaee By: Adam Roy Manager STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing was sworn and subscribed to before me this171�lay of IVO" 2014, by Adam Roy in his ca3acity as Manager of Rudin West 1, LLC, the Manager of Bleeker Mill Development, L I Witness m 5�P •4C' My com expires Notary Public "'Mm' age intentionally left blank] RECEPTION#: 608957, 03/28/2014 at 09:57:40 AM, 14 OF 14, Janice K. Vos Caudi*itkin County, CO 0 Amended and Restated Subdivision Agreement The Hill Building Page 14 of 14 THE CITY OF ASPEN, COLORADO a municipal corporation o By: Steve Barwick City Administrator STATE. OF COLORADO ) ss. COUNTY OF PITKIN ) ATTEST: By: Kathryn ch City CleYk The foregoing was sworn and subscribed to before me this2{pday of MO&C 2014, by Steve Barwick and Kathryn Koch, as City Administrator and City Clerk, respectively, of the City of Aspen, a Municipal Corporation. Witness my hand and official seal. My commission expires —?q— 7Q1�� 0 LINDA M. MANNIN,GG OFpW My CwrissO Expires 07R912014 BUS_REMS24728.2 N tary Public • . 0 • EXHIBIT 10 as't'u�rc cormmoxs 3FIBE'f 2 MECHANICAL - PARKIIVO GARAGE SHEET 3 FIRST FLOOR -SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF PLAN - SECTION PLANS SHEET 6 SECTION PLANS �� sxr_L)) _ E) MILL BUILDING CONDOMINIUM MAP J..Yl a� LDP. TPW6 w s ann.aouxTw vmrourueLL.® ( IN PEE'! ) �IrorrwFrTm� TUBt.TPArwolsnanos 1 Inch - 10 ft THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO.2737-073-17-006 MIX EXAM& iRR S MTB'rAM A .AB TRIP ES'ASBIivSIBWAtTIDIJOOAEANRCCtPANY,ro CE1T W T TEAT dl Ca "OaB .l EAve CA7EFID AN mTA1@u'lYli ro ID TTAID W TRIP roHE7 Sml BIHLODX) Ll>tIDOS@mBRt, EMI �T POI Tim T®W TIIISI Pd RECORDED AT R14CEPRIIIA. 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PACES I BIIAW I I BELOW I Lra - J - � 860WNPOR � Ia RAMP G.CB 8'PAIR 1 ONL.ffiiC8 @II.Y. PARKING SPACE 11 —� i OCR LC8 a 14I -PARSING SPACE l2 Z1. NOT MARKED LZR �PAR@i0 4:58MM—HP SPAC81 LC.6UNRIA PIAOIDRAINe TYPICAL PARKING SPACE 13 L.C.H. U PARKING SPACE COLI]IBi �- L.C.E. UNIT 2A .LPL PARSING SPACE 14 = LC8 r PARKING SPACE 3 LC8 UNIT 2B HfBV LC8 A. B PARKING PARKING SPACE 15 GARAGE - -_ PARLRIO GARAGE C, D LICE. r� G.C.B. ® OR a ® ® MID A.B PARKING SPACE4 LCB UNIT 2C BOILL" PARKING NOT MARKED PARKING SPACE I6 TYPICAL SBOWN PORRHFERENCROP8.Y. LC8 PLBY LT PARKING SPACE 5 PARKING ING MAR® L.C.E. SBOWNPOR I MENCEONLY, CQ.UMFI PARKING SPACE 17 TYPICAL L.CB PARKING SPACE 6 LC8 BIAIR 2 PARKING SPACE 18 G.C.B. PARKING L.C.E. tt A ® ® pj SPACE 9 L.CB PARBIIiG SPACE - LCB PARKING SPACE 19 t LC8 7r I, PARKING GARAGE SCALE-- 1/8'- 1'-0' CIA DBC[IXX W - W A UNIT IA A 9 0 I MILL BUILDING CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO.2737-073-17-006 C T 11 /w taA� 1V ----=T G.C.a , s' n CuladERCLAL I I u of G.C.E ENTRY I I 6• — 1 G.C.B I I �� II R V1H07E 1� F 79 q AA.QgElpw a.Cm SGI0.1 nrn 000 ' IV A aca 11 i I c�BamCal rs cm Felp- UNIT 101 UNPBi 2 `l r mom / LrTmm � -i nuam�r � �III x I B C =2 ew UNIT 2M UNPIDO39M A FIRST FLOOR SECOND FLOOR. SCALE.- llr - V- (' SCALE: 1/8' - 1'-0' <e91as. yoc a � 6 SHEET INDEX o' SHEET I E)CSTINGCONDTITONS W a ° SHEET MECHANICAL -PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR �vr r1a n.r BwYrByli0 p SHEETS ROOF PLAN -SBcnONPLANS aw I WUM WOLBBDPERMT]QtET an KL Rmal-DEVELOFAENT'uc P*JW s CMCFASFIW C�ADO Lmn PEAK GRAPHIC SCALE SH�I'6 38CITONPLAN3 bULL BURDR40 MMObGNIUM MAP s 2ANW [Y 2a2ols LOTS P. Q, R R S, BLACK 78 P a Br 1Ni-byauatao 201 NORTH MILL STREET IN Fe Pi times-im-�0lolesases 30F6 tLM1sTYYIbItsWnola 1 Inch - 10 tt B>«cemom" B C =2 ew UNIT 2M UNPIDO39M A FIRST FLOOR SECOND FLOOR. SCALE.- llr - V- (' SCALE: 1/8' - 1'-0' <e91as. yoc a � 6 SHEET INDEX o' SHEET I E)CSTINGCONDTITONS W a ° SHEET MECHANICAL -PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR �vr r1a n.r BwYrByli0 p SHEETS ROOF PLAN -SBcnONPLANS aw I WUM WOLBBDPERMT]QtET an KL Rmal-DEVELOFAENT'uc P*JW s CMCFASFIW C�ADO Lmn PEAK GRAPHIC SCALE SH�I'6 38CITONPLAN3 bULL BURDR40 MMObGNIUM MAP s 2ANW [Y 2a2ols LOTS P. Q, R R S, BLACK 78 P a Br 1Ni-byauatao 201 NORTH MILL STREET IN Fe Pi times-im-�0lolesases 30F6 tLM1sTYYIbItsWnola 1 Inch - 10 tt B>«cemom" 0 • • • MILL BUILDING CONDOMINIUM MAP THIRD FLOOR � t III IS IT-1'-Ir ae9lne. 98t o 0 W a �^ ,+ w s GRAPHIC SCALE I f .h - 10 M- THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSTTE OF ASPEN CITY OF ASPEN, COUNTY OF PTTKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO.2737-073-17-006 -- 1 B C — — GREEN ROOF G.0 L PUIVRB RA][EVG SGZAPC I I dlmiNROOF DECK C RELAW ®L170NA DECK PGIVRESAIRS L..C.E. PCB UNPL\"LSE® PlTN1AR STALKS DECK L.C.E. / �t A PHA UNFMSHED / MURB RAB.BiG - g W - zg ZU 32 ✓pfajj O m � b Ci O.CE. OREENROOF GI EGG 72 1 h 9 i • '3 ar u �cm�5is 1 _ PARTY WAIL m9 / (TYPICAL)72 h i 19 I h I 3 PENTHOUSE IS P-�i 5 V PENTHOUSE A uT STAIR 2 G.CE.DECK � T PARn WAIL LCIL IHKI R T OR PER PHA UNFI!!® UNPDHSHED a c FOURTH FLOOR SCALE: U8' -1' - Ir SHEET INDEX SHEET 1 EXISTINGCONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 -_ THIRD FLOOR - FOURTH FLOOR- NMI Oir b7tla SHEETS ROOF PLAN - SECTION PLANS 11 Ch 1 7/1711s R> a I31F� P� AY 1�RiY SHM6 SECIIONPLANS PEAK 1 » MILL BUILDING CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO.2737-073-17-006 B C -------------- I - -- - - - - - - - - - - - - - - - - - - I I I a -i-m-------J I I 1 I I I I r------------- —--------� I I GR�. I I I 1 BELOW I I I I I I I I I 1 I I 1 I A I I I I I I I I - I I I BffiAW I L1 DECX LC PH B LYMNIS ED BELOW MUSE STAIRCASE GREEN ROOF 00 G.CE FUTURE RAMM is PITI'lRE ERCt TCA PHB GREEN ROOF G.0 H SOLAR PANELS (TYPICAL) PER AACIMTk- URAL DRAWINGS G.CE. v ae9Iag dot � u DECK LCR PHA UNPBi BELOW I `FUTURE STAIRCASE GRffiiROM EL FURJRBDB(Y r.ra \\\ PHA PIlIVRB RATLDp japa; 10 d GREEN RO(1P O.CS 1� 1K:Z..(TYPICAL) I 77II P19lARLE[I8C1VAAi. DRAWHA4 1 J i$ (Ica TDECK C.H. ROOF ACCESS UNtp USM I PROSASTAR3 r GR MROOB BELOW 1 G'CJL G.C.B. I ROOF - UPPER DECKS SCALE: 1/8' - l' - IY GRAPHIC SCALE IN FEET ) I inch - 10 tL I I I I I o I I I 1 I I I I A SHEET INDEX SHEET 1 EXISTING CONDITIONS SHEET MECHANICAL -PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEETS ROOF PLAN - SECTION PLANS SHEET SECTION PLANS SECTION A SCAM Vr - V- 0- TRH ROOP 0 ELEVAnM-79MA1• FR9ISH FLOOR P.LEVATION-7915AI' PDOSH PT.0o8 /� BLBVATIQi-7905I]' ED=IiAOR /L Ti1EV..-789 R PINSH P1OOH ELEVA77Ri-788330 1'OdISH FLOOA /b ELEVA770N-7S122S PRm PT.00R. o El"ATIGN-7S6220 MILL BUILDING CONDOMINNM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, C'ITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO. 2737-073-17-006 FUIVRERAMM r PHADHC[BHY@ID I A II PBH� ROOF /L BI8YA270N-79M6Al' DBCS *.ra PENTHOUSE B _ • - PII H PENTHOUSEB UNFROSHED PIN1� FLOOR /L ■ UNR2B UNTI2A UN[T301 UNFBGSBffiP BLBVAI7UN-7913Ai' UO' N2C r BTAIRS L.C.S UNII2B STAIRS LCE. UNIT 2A PIP® PI.00A EL"ATIQi-790321' DBCL * rR UNIT2C : D9 UNR2A .i 9 UNIT 201 U MIMED wr2C PDd�ii FLOOR /` ffiHVATM'JN� COIIRO70A G.CE • UNIT 102 (Stt1RAM KCAL G.CH VF2HCLE RAMP PIM- FLOOR BLEVATIiBi-7S6330 G.CE. PARXM PARKM GARAGE GARAGE .E G.0 G.C.A FDaM FLOOR p1 lI1YSI�1M�l GCli RGON nrn • El"ATMN-7FTL2Y FD= PI.00A ELEVATIM-7MM A SECTION B SCALE: ur - I' Ar GRAPHIC SCALE N FEET ) vunrrue I i—I - 10 R SHEET INDEX 11 SHEET I EXLSI'ING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET THIRD FLOOR -FOURTH FLOOR SHEETS ROOF PLAN - SECTION PLANS SHEET 6 SECTION PLANS FULURE RAILLNG PH B DECK BEYOND EiECH L.C.E PHA PHA PHA STAIR2 G.CE. A� Bit STAIR I G.C.B. PH C BB:YI'A001 [ ABS1Y00 1 B, UNIT IBI A. UNFIPBSHBD PAA@IO cµ{� GARAOB O G.C.H YB[5ANICAP. O.C.B • A E— SECTION C SCALE: 1/8' - V - C' @EBNROOF G.CB. FGO.� FLOOR /h ELEVATION-7915A1' w STAB! I O.CH FBGEH PP.00II HLEVA7ION-79DS21' FINISH FLOOR ELEVATION-789/.80 q FIMSS FIAOR ELEVATMN-71MM VP STAIR 1 PIIG� PP.00R /L oza E.VATICN-7822T PDB� PL008i /� BLBVATREi-7t62M CITTT)TT TLTT%T7X7 SHEET 1 EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF - SECTION PLANS SHEET 6 SECTION PLANS W NOT] BASE DISC THIS CERL...,.,...... �..............�.,... MILL BUILDING CONDOMINIUM MAP i IIICil = iv IL. THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO. 2737-073-17-006 ITLE EXAMINER'S CERTIFICATE: , AS TITLE EXAMINER OF STEWART TITLE GUARANTY COMPANY, DO ERTIFY THAT ON OR BEFORE I HAVE CAUSED AN EXAMINATION TO BE MADE F TITLE TO THE MILL BUILDING CONDOMINIUMS AND EXCEPT FOR THE DEED OF TRUST )R . RECORDED AT RECEPTION NO. . SAID tOPERTY IS FREE AND CLEAR OF ALL OTHER MONETARY LIENS AND ENCUMBRANCES &TED: Y: TITLE EXAMINER STEWART TITLE GUARANTY COMPANY ITY OF ASPEN ENGINEER'S REVIEW: IIS PLAT WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY ',QUIREMENTS. THIS DAY OF , 2016. TRICIA ARAGON, P.E. CITY OF ASPEN ENGINEER 3MMUNITY DEVELOPMENT DIRECTOR'S APPROVAL: IE APPLICATION FOR CONDOMINHJMIZATION SET FORTH IN THIS CONDOMINIUM MAP HAS BEEN MEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ;PEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS _ lY OF 2016, TO THE EXTENT THAT ANYTHING IN THIS PLAT/MAP IS CONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO [ESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT VITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER iVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. JESSICA GARROW :)TES PHIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDING SETBACKS M EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE IMMITMENT PREPARED BY STEWART TITLE GUARANTY COMPANY, FILE NO. 01330-36977-AMENDED ). C2, DATED EFFECTIVE APRIL 15, 2014. THE DATE OF THIS SURVEY WAS MAY 6, 2013, APRIL, 2014, DECEMBER 2015 AND MARCH 17, 2016. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N65°11'l VE BETWEEN THE SOUTHWEST IRNER OF LOT P, BLOCK 78, ASPEN TOWNSITE, A #5 REBAR & CAP L.S. #33645 FOUND IN PLACE AND IE NORTHEAST CORNER OF LOT S, BLOCK 78, ASPEN TOWNSITE, A #5 REBAR & CAP L.S. #33645 FOUND PLACE. UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET FHIS SURVEY IS BASED ON THE JEROME PROFESSIONAL BUILDING CONDOMINHJNI MAP RECORDED NE 13, 1980 AT BOOK 9 PAGE 72 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND iRNERS FOUND IN PLACE. ELEVATIONS ARE BASED ON Q-159 (NAVD 1988 DATUM) YIELDING AN ON -SITE ELEVATION OF )9.3F ON THE SOUTHWESTERLY CORNER OF LOT P, BLOCK 78 AS SHOWN. CONTOUR INTERVAL ,UALS I FOOT. PHIS PROPERTY AND THE ADJOINING PROPERTY TO THE WEST KNOWN AS 202 NORTH MONARCH REET SUBDIVISION ARE SUBJECT TO CRANE LICENSE, SOEL NAIL EASEMENTS AND OTHER MATTERS DESCRIBED IN THE SOIL NAIL EASEMENT AND CRANE SWING AGREEMENT DATED FEBRUARY 7, 14, RECEPTION NO. 607851. THE SOIL NAIL EASEMENT EXISTS ALONG THE SOIL NAIL WALL AS OWN. THE TEMPORARY CRANE EASEMENT HAS EXPIRED AS OF DECEMBER 31, 2015. PHIS PROPERTY IS SUBJECT TO MATTERS AS SHOWN ON THE ENCROACHMENT LICENSE RECORDED IS DAY OF , 2016, AS RECEPTION NO. CERTIFICATE OF OWNERSHIP: VICINITY MAP SCALE: V = 2000' KNOW ALL MEN BY THESE PRESENTS THAT SLEEKER MILL DEVELOPMENT LLC., BEING THE SOLE OWNER IN FEE SIMPLE OF ALL OF THAT REAL PROPERTY DESCRIBED HEREIN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS P, Q, R, AND S, BLOCK 78, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO; ALSO DESCRIBED AS: A PARCEL OF LAND SITUATED IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, BEING LOTS P, Q, R & S, BLOCK 78, ASPEN TOWNSITE, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT S, THE POINT OF BEGINNING; THENCE N75°09'1 l"W ALONG THE SOUTHERLY BOUNDARIES OF SAID LOTS A DISTANCE OF 120.62 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT P; THENCE LEAVING SAID SOUTHERLY BOUNDARIES Nl4°50'49"E ALONG THE WESTERLY BOUNDARY OF SAID LOT P A DISTANCE OF 100.00 FEET TO THE NORTHWESTERLY CORNER OF SAID LOT P; THENCE LEAVING SAID WESTERLY BOUNDARY S75°09'11"E ALONG THE NORTHERLY BOUNDARIES OF SAID LOTS A DISTANCE OF 120.62 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT S; THENCE LEAVING SAID NORTHERLY BOUNDARIES S14°50'49"W ALONG THE EASTERLY BOUNDARY OF SAID LOT S A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 12,062 SQUARE FEET MORE OR LESS. HAS BY THESE PRESENTS LAID OUT, PLATTED AND DESCRIBED THE SAME INTO CONDOMINIUM UNITS AND COMMON ELEMENTS AS SHOWN HEREON AND CONSOLIDATE THE SAME AS PART OF THE MILL BUILDING CONDOMINIUMS PURSUANT TO THE CONDOMINIUM DECLARATION FOR THE MILL BUILDING CONDOMINIUMS RECORDED AS RECEPTION NO. IN THE REAL PROPERTY RECORDS OF PITKIN COUNTY, COLORADO. EXECUTED THIS DAY OF , A.D., 2016. OWNER: BLEEKER MILL DEVELOPMENT LLC., A DELAWARE LIMITED LIABILITY COMPANY. BY: RUDIN WEST I LLC, A DELAWARE LIMITED LIABILITY COMPANY, ITS MANAGER BY: MICHAEL RUDIN, MANAGING MEMBER STATE OF ) )SS. COUNTY OF ) THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016 BY MICHAEL RUDIN , A MANAGING MEMBER OF RUDIN WEST I LLC, AS MANAGER OF SLEEKER MILL DEVELOPMENT LLC. WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPPBIES: NOTARY PUBLIC LENDERS CONSENT: JP MORGAN CHASE BANK N.A. BEING THE BENEFICIARY OF THE DEED OF TRUST RECORDED AT RECEPTION NO. 610187 HEREBY CONSENTS TO THIS MILL BUILDING CONDOMINIUM MAP. EXECUTED THIS DAY OF A.D., 2016. BY: AS MANAGER THE FOREGOING LENDERS CONSENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2016, BY , AS MANAGER OF WITNESS MY HAND AND OFFICIAL SEAL MY COMMISSION EXPIRES: NOTARY PUBLIC SURVEYOR'S CERTIFICATE: I, JASON R. NEIL, A REGISTERED LAND SURVEYOR OF THE I HAVE PREPARED THIS CONDOMINIUM MAP FOR MILL TILT THE LOCATION OF THE OUTSIDE BOUNDARIES, RC.^.-T' a, E. FEATURES ARE ACCURATELY AND CORRECT( 1" S'H. x.,VN L SURVEYS PERFORMED UNDER MY SUPE V 1S N WI THAT THIS CONDOMINIUM MAP MEETS HE R. UI T COLORADO REVISED STATUT 073, TI LE 38, TIC CONDOMINIUM MAP CO N' L TH [INFO IT COMMON INTERES 0 CON— , P RSUAN �- 1 Cm .: THAT ALL STRUCT L COMPONEN F THE Bi DING JASON R. NEIL, L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC. ST OF Cf Q DO HEREBY CERTIFY THAT YT,,LDIi O S A CONDOMINIUM, THAT USTIN - C S, FACILITIES, AND OTHER ON, T AME ARE BASED ON FIELD OL ERR IN PRECISION LESS THAN 1:15,000; IS OA LAND SURVEY PLAT AS SET FORTH IN I, ENDED FROM TIME -TO -TIME AND THIS �i"WRED BY C.R.S. 38-33.3-209 OF THE COLORADO I. 38-33.3-201 (2), THE UNDERSIGNED CERTIFIES DEPICTED HEREON ARE SUBSTANTIALLY CLERK AND RECORDER'S CERTIFICATE: THIS MAP WAS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT O'CLOCK .M., ON THE DAY OF , 2016, AND IS DULY RECORDED IN BOOK , PAGE , AS RECEPTION NO. BY: CLERK AND RECORDER BY: DEPUTY uj 0- N .q Ic CL L Q "' c 14 330 Qi 7 i g 60 a W "Jo Is" 240 150 ft N •• 0 0 46 MILL BUILDING CONDOMINIUM MAP MECHANICAL SCALE: 1/8" = F - 0" GRAPHIC SCALE S 10 0 5 10 20 40 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN ( IN FEET ) THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 1 inch = 10 it. THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO. 2737-073-17-006 SHEETINDEX SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF - SECTION PLANS SHEET 6 SECTION PLANS PARKING GARAGE SCALE: 1/8" = F - 0" 0 0 is 0 0 0 0 0 & 4b 00 00 0 0 ob o6 N A 0.5' ti 30 <e i ng, 60 0 E M a MILL BUILDING CONDOMINIUM MAP B C UNIT IA '--' DECK L.C.E. 82.8 S.F. f N 16' 24.6' 24.8' I VEHICLE N RAMP BELOW G.C.E THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S. BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLOR -ADO 201 NORTH MILL STREET - PARCEL NO. 2737-073-17-006 7.6' JENTRY TRASH 1 11.3' MECH M G.C.E. G.C.E. " ROOM 4.9' 13.3' G.C.E. 147.4'� 1 STAIR I G .C.E. L p A CORRIDOR SECTION A UNIT lA G.C.E. - 1,650.0 S.F. t 14' _ ?t CORRIDOR J G.C.E. 15.3' L_:.I.� 15.3' J7 o U I u z ro^^ VI M N N �--- 10.3' I O O 1 ; 24.3' ELEVAT R #1 06 L.C.E. P A, B C, AND D 10% - 24.6' PARTY WALL 006 5.5' 14.3' CORRIDOR CORRIDOR Co N (TYPICAL) G.C.E. G.C.E. N 11.1' 9.8' 11.7' PARTY WALL (TYPICAL) a ELEVA R # UNIT 102 I G.C. . (STORAGE) N 1 1,072.9 S.F. f ❑ �-- 8.6' I 3.2' CORRIDOR6.6' �o G.C.F. 6.3' �o 2.2' a STABt 2 G.C.E. p 5.4' ~ MECHANICAL ROOM 27.5' G.C.E. a 13.4' 7.6 8.4' B C FIRST FLOOR SCALE: 1/8" = P - 0" UNIT 101 UNFINISHED 4,092.9 S.F. f 2 40.4' B C 24.9' DECK COMMERCIAL i L.C.E. UNIT 2C 49.8' ENTRY 73.3 S.F. t v, G.C.E. I 15.9' q iv 155.0 S.F. t UNIT 2C 10.3' 637.0 S.F. t II 11.5' o.:.::- T 17 I l N G.C.E. AIR l 0.5' I 9Q 34.7' 62' ^5'3 4' SECTIONA 2'LSIN DECK STAIRS 6.T T L.C.E. UNIT 2B If 5.5' 3.2' A & UNIT 2C r M A 130.9 S.F. f �- - 2.2' r O "i .......................... _..... U i 22 IT In d UNIT 202 N = ;9k 8' UNFINISHED 4.6' -{ UNIT 213 U PARTY WALL 3,656.4 S.F. f 952.5 S.F. t oo z•z' --� w (TYPICAL) i _ N p 0UF ° V Fy A W f/i V W v1 lr 1J 7.7' 30.4' 32.6' v ELEVAT R#1 PARTY WALL U L.C.E. P A, 46 N (TYPICAL) B, C, D I E" 7.3' w UNIT 2A 4.6' 682.6 S.F. ± A 13.2' m i a , try __. 'i 4.3' p W 6 V DECK 6.7' ci U ]z1 L.C.47E. ELEVA fl#2 a UNIT 2A - p ui cn G.C. 128.8 S.F. t ,Uri 13.9' v N '� STABZS I N 25.8' .3' Fes--• 10.9' o I I ^, I� 36.1' I F► 9.8' 4.5' N STAIR 2 COMMERCIAL G.C.E. p N N ENTRY I-- 0.7, UNIT 201 5.11 G.C.E. 392.2 S.F. t UNFINISHED t.2' 902.3 S.F. tcl 1.2' 0 0 14.1' 27.1' 23.2' 7.6' 87- ------ SHEETINDEX SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR Zoo 50 SHEET 4 THIRD FLOOR - FOURTH FLOOR SKEET 5 ROOF - SECTION PLANS GRAPHIC SCALE SHEET 6 SECTION PLANS s 10 0 5 10 20 40 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN ( IN FEET ) THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 1 inch = 10 It. B C SECOND FLOOR SCALE: 1/8" = F - 0" 0 46 0 0 40 0 90 00 3° 5� d E a� MILL BUILDING CONDOMINIUM MAP THIRD FLOOR SCALE: 1/8" = 1' - 0" '1j0 `R° GRAPHIC SCALE S II O 5 10 70 40 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFEC IN ( IN FEET THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 1 inch = 10 it. THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO.2737-073-17-006 SHEETINDEX SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF - SECTION PLANS SHEET 6 SECTION PLANS FOURTH FLOOR SCALE: 1/8" = 1' - 0" DECK PH C BELOW 0 o• 0• ti A MILL BUILDING CONDOMINIUM MAP THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - :PARCEL NO. 2737-073-17-006 B C r-------------------------------------- - GREEN ROOF L G.C.E. BELOW I I I — — — — — — — — — — — — — — — — — — — — — — — - GREEN ROOF G.C.E. I I I I BELOW I I I I I I I I I I I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , I I I I I I I I I I I I I I I L_ I (GREEN ROOF I G.C.E. I BELOW I I I I I I I I I I I I I I I I I I I DECK PH B UNFINISHED BELOW — FUTURE STAIRCASE z FUTURE STAIRCASE GREEN ROOF G.C.E. O I U FUTURE RAILING P4 w GREEN ROOF rF-] G.C.E. FUTURE DECK PH B 280.8 S.F. f GREEN ROOF G.C.E. I SOLAR PANELS (TYPICAL) PER ARCHITECTURAL DRAWINGS G.C.E. I L ey i ng, 10 300 O 9B a �o O � C7 w W3 a mO ROOF ACCESS FROM STAIR 2 G.C.E. B C GREEN ROOF G.C.E. FUTURE DECK PH A 285.8 S.F. t DECK PH A UNFINISHED BELOW FUTURE RAILING GREEN ROOF G.C.E. SOLAR PANELS (TYPICAL) PER ARCHITECTURAL DRAWINGS G.C.E. ROOF - UPPER DECKS SCALE: 1/8" = 1'- 0" GRAPHIC SCALE 5 1" " i 1" 2" ap NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN ( IN FEET ) THIS SURVEY BE COMMENCED MORE THAN TEN YEARS PROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 1 inch = 10 It. I I I I I A I DECK PH A UNFINISHED BELOW I I I SHEET INDEX SHEET 1 EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF - SECTION PLANS SHEET 6 SECTION PLANS SECTION A SCALE: 1/8" = 1'- 0" FINISH ROOF ELEVATION = 7926.4F FINISH FLOOR ELEVATION = 7915.41' FINISH FLOOR ELEVATION = 7905.21' _ FINISH FLOOR ELEVATION = 7894.80' FINISH FLOOR 0_ ELEVATION = 7883.30' FINISH FLOOR rik ELEVATION = 7872.25' INV FINISH FLOOR r6 ELEVATION = 7862.20' 0* 00 N M N 46 MILL BUILDING CONDOMINIUM MAP FUTURE RAILING SECTION B SCALE: 1/8" = P - 0" GRAPHIC SCALE 10 0 S 10 10 40 NOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN ( IN FEET ) THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. 1 inch = 10 ft. THE PURPOSE OF THIS MAP IS TO CONDOMINIUMIZE LOTS P, Q, R & S, BLOCK 78, CITY AND TOWNSITE OF ASPEN CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 201 NORTH MILL STREET - PARCEL NO. 2737-073-17-006 FINISH ROOF ELEVATION = 7926.41' FINISH FLOOR ELEVATION = 7915.41' FINISH FLOOR 0_ ELEVATION = 7905.21' FINISH FLOOR jk ELEVATION = 7894.80' IRV FINISH FLOOR /k ELEVATION = 7883.30' Ilp FINISH FLOOR ELEVATION = 7872.25' FINISH FLOOR ELEVATION = 7862.20' SHEETINDEX SHEET I EXISTING CONDITIONS SHEET 2 MECHANICAL - PARKING GARAGE SHEET 3 FIRST FLOOR - SECOND FLOOR SHEET 4 THIRD FLOOR - FOURTH FLOOR SHEET 5 ROOF - SECTION PLANS SHEET 6 SECTION PLANS STAIR 2 G.C.E. FUTURE RAILING PH B DECK BEYOND MECH L.C.E. PHA PHA PHA a C7II I IPHD O OdA ua A OC7 x0Cuju a A PH B STAIR I G.C.E. 06 I PHC i A U 1 N I P1 RESTR00 G.C.E. RESTRO0 G.C.E. H GREEN ROOF G.C.E. STAIR 1 I G.C.E. FINISH ROOF TOM = 79?F Al' FINISH FLOOR /` ELEVATION = 'IRV FINISH FLOOR ELEVATION = 7905.2F qV FINISH FLOOR O� ELEVATION = 7894.80' LEVATOR 1 I x w LEGATOR # a L.C.E. i e w 0 ai PH A, B, UNIT 101 U U� O �.....� C, & D UNFINISHED / U C7 U 1 r FINISH FLOORJ� III 11 L , "I TT T'T) A FINISH _ ^I00�f 'fA