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Home My WebLink AboutLand Use Case.834 W Hallam St.0099.2017.ASLUUVJJ.LU I / .MOLU 004 VV ntyLL-MIV, 0 1 IMPACT FEE WAIVER 273512304002 S c.na 5-1 I 1 t n 4-ebld S PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0099. 2017.ASLU PROJECT ADDRESS 834 W HALLAM ST PARCELID 273512304002 PLANNER JUSTIN BARKER CASE DESCRIPTION IMPACT FEE WAVIER REPRESENTATIVE STAN CLAUSEN DATE OF FINAL ACTION 12.18.17 CLOSED BY ANGIE SCOREY 1.23.18 Â¤ Permits 173512.30 - 002_ c NÂ·20(7Â· AA LGI x il ~ile Edit Rec~rt Navigate Fgrm Reporks Format Tab Help V~ k 6 ~ i ft]6 0 188.0-i 11 1 , M m 111 Jump LC,1 gol el i /1 10 18, 'Ci Cliar j, 0 /4..../*W"MI///Ill**./...6ila....M j.â‚¬1Â®13* 09.0:..(Bm=.479.GA"~.Ill.%9// Â£5:/ ~Main~ Custom Fields | Routing Status ~ Fee SummarL ~ Adons ~ Roubng Mistory I 22.17/' - N -9*tr . I. ./. iE ArnÂ»peÂ» 1Â¥, Aspen Land Use * Permit # 0099.2017.ASLU * Address . 834 W HALLAM ST AptSuite E- @= . City ASPEN Stabe CO Zip 81â‚¬11 m , Permit Information **0*09â€¢p,-riv-~Â»4,1... * '-:'~..1'7*4*9.*G**4~,iv ...'4~ 4- Master permit 1Â·Â· Routing queue aslul 5 Applied 12/12/2017 i- Project ~ Status pending Approved 1 , F 1 Description .APPLICATION FOR IMPACT FEE WAMER FOR 834 W HALLAM STREET PID Issued #273512304002 Closed/Final ~ , Submitted STAN CLAUSON ASSOC 925 2323 Clock |Running Days ~-0~ Expires 12/07/2018 1. Submitted via I v 1 TI Owner ~ Last name 834 W HALLAM ASSOCIATE Â· - First name 834 W HALLAM *E .4~, ASPEN CO 81611 54 Phone (215) 266-5211 Address i Applicant ~ Owner is applicant? El Contractor is applicant? Last name 834 W HALL.AM ASSOCIATE Â·- First name 834 'W HALLAM - ASPEN CO 81â‚¬11 Phone (215)266-5211 Cust # 3Câ‚¬75 rf Â· Â¤ Address Email 4 Lender ' Last name Â· Â· First name V -- --- - -- ||UninfinlrIFURA.rverl ||annalaR lifi,~11 nfl ctit-ZI 2- No 0*mAS Â· 1.Jf b * 4-4-FZ 4 4 800 + oo c g442- smON sloino| xo RESOLUTION NO. 178 (SERIES OF 2017) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING WAIVER OF PLANNING REVIEW FEES FOR 834 W. HALLAM STREET, LOTS K & L, BLOCK 10, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512304002 WHEREAS, the Community Development Department received an application from 834 W. Hallam LLC (Applicant). represented by Stan Clauson Associates, Inc.. for the following land use review approval: â€¢ Impact Fee Waiver. pursuant to Land Use Code Section 26.610.100, Waiver of Fees; and, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day of initial application. July 24,2014: as applicable to this Projects and, WHEREAS, the City Council finds that the request meets or exceeds all applicable development standards for waiving of planning review fees; and. WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Fee Waivers City Council hereby waives the Planning Review Fees and no other fees. Section 2: 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 Community Development Department and City Council are hereby incorporated in such plan development approvals and the same shall be complied with as i f fully set furth herein, unless amended by other specific conditions or an authorized authority. Section 3: This Resolution 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 4: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed Â·a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. City Council Resolution No. 178, Series 2017 Page I of 2 FINALLY, adopted. passed and approved this 18th day of December. 2017, APPROVED AS TO FORM: i APPROVED AS TO CO~TENT: I / / 14/1 .Jafnes R. True, City Attorney StevdffSkadl~nF]Vjifor AWTEST: + UR.1 cl 4 9- U/Ke/ Linda Manning, City C~rk City Council Resolution No. 178, Series 2017 Page 2 of 2 Regular Meeting Aspen Citv Council December 18. 2017 Two to two vote. Mr. True said unless someone wants to change position you have to continue this. Mayor Skadron said he thinks we should continue this. If you want to work on a third option in the meantime. Mayor Skadron moved to continue Resolution #178. Series of 2017 to January 8,2018; seconded by Councilman Myrin. All in favor. motion carried. RESOLUTION #178, SERIES OF 2017 - 834 W Hallam St - Fee Waiver Request Justin Barker, community development, said this is a request for several fee waivers for a project that has already been approved. They are close to submitting for a building permit. The project is ] 00 percent affordable housing. There is a historic structure on site. The proposal includes restoration of that and two new structures. Fees requested waived include impact, TDM and air quality and parks. They total just around 24,000 dollars. There are no review criteria for waivers of these fees. Staff provided a number of examples of waivers in the past. For the most part they have not been granted. Other fees include planning review fee of $ 1.300 and building permit fees. The estimation is based on project valuation and are right around 120,000 of fees asked to be waived. Staff recommends i f council is interested in reducing fees to follow the non-profit waiver. Waiving planning application fees and permit fees top out at 15,000 dollars. Patrick Rawley, Stan Clauson associates, with Matt Brown. Under the code the only criteria is, is it a 100 percent affordable housing project. This has been a very lengthy approval process stretching back to March 2015. There have been a number of limitations. We started out with 25 beds and are now down to 18. They are rental units per APCHA request. Remodeling the historic cabin is a unique expense. The waiver is in the code and an opportunity for council to show their value of affordable housing. Matt is a local guy here developing. Mr. Brown said as a developer I understand the expenses and risks of development. I am approaching my fourth year o f ownership of the property. It was always intended for it to be affordable housing. I was not expecting the amount of time it took to get here. We are now ready to submit for a building permit. Permit fees have grown exponentially since we started. A large part of the incentive for this type of project is fee in lieu but it has not keep up with other costs of the project. Another major cost has been the ongoing cost o f carrying the property. Councilman Myrin said you said the fees increased significantly. Do you know what the fees would have been. Ms. Garrow said the fees haven't changed on the permit side. They are based off of valuation. She is not sure what they might have been. Councilman Frisch asked what is the comment about non-profit. Mr. Barker said last year a fee structure was created for the non-profit applications. For permits it is a tiered structure. There is a template in place we could follow. Ms. Garrow said as far as we can tell other affordable housing projects have not had a fee reduction on the permit side. Last year we had a request for the Historical Society which prompted the non-profit structure. Councilman Hauenstein said he is appreciative of your efforts in building affordable housing. He thinks that AH/work force hosing has impacts on society, school district. fire and water. As one of the members of the public we have to look at the whole cost of development. Work force housing, the fees should be charged. He is not in support of waiving them. We demonstrated it on 455,502 and Main St. I think it should be the policy of council that we don't waive the fees even though I'm supportive ofyour effort. Mr. Rawley said they would be happy with any waiver and a waiver of the application fee would be helpful. He would like council to consider some portion of the waiver. Councilman Frisch said if someone shows up to start the process to build something is there a different path for free market or affordable housing. Mr. Barker said in terms o f review process and fees it is the same. Councilman Frisch said his pitch with the historic society was there should be a set fee so we don't have to pick how valuable a non-profit is. It is a little funny i f two applications show up, one with the 9 Regular Meeting Aspen Citv Council December 18.2017 community being desperate for, it seems crazy we are not trying to do something to help the process. There is a policy discussion and I am definitely for some kind of path whether it be financial or not. Would I be willing to start that now. My hope is council and staff can come up with a policy for affordable housing. We had the discussion about 517 and 802 andifwe do something for Matt we held ourselves to a higher power. The view up here was we were shifting funds between ourselves. Are you thinking the 50 percent could be a possible outcome. Mr. Barker said it is an existing model that is not unreasonable. The permit fees cap out at 15,000. In terms of impact fees there is no model on reducing those fees other that what has been requested in the past. Ms. Garrow said there is also the permit review. There is no policy looking at the fee schedule. There is no ability for the Community Development director or city manager to reduce those fees. We can provide an expedited path for permit review. Caution that if you decide to move forward with a reduction you will see other affordable housing developers in here asking for the same treatment. Councilman Frisch said his direction would be to hold off on the waiver until a broader policy discussion but if there is a reduction we apply it to this application. Ms. Garrow said we would ask that for any application in the process. Councilman Frisch said there should be a fee brake but he wants a broader discussion. He would like them to be grandfathered. Mayor Skadron said what component of the overall development is the historic cabin. Mr. Rawley replied 1,100 square feet out of 5,400 square feet of FAR. Mayor Skadron said generally 1 don't subscribe to fee waivers. I think Wards position is the right one. 1 find the inclusion of the historic cabin compelling. Through AspenModern we are regularly in the discussion of fee waivers. Should we consider the inclusion of the historic structure. Ms. Garrow said this is a designated structure through the Victorian program. One of' the benefits is a waiver of certain impact fees. That calculation is for the non- historic portion. Mayor Skadron said that was going to be my proposal. He is not hearing support for the fee waivers. Mr. Brown said I understand that and knew it was a possibility coming in. It is a tough situation in terms of how much you incentivize to build these and that is for you to determine. From our standpoint we don't pay anything less for development. It is the same as if building commercial or any entity. Councilman Myrin said he thinks there are some policy discussions that council should have going forward. We need to make the code and fees align with our policies. Councilman Frisch said either we wing this or save it for a policy discussion and grandfather them in. 1 think that is the best thing to do. Mr. Rawley asked for the 1,300 doll.ar fee waived. Councilman Myrin said he would support that. Councilman Hauenstein said he is not sure how we deny the resolution but approve the waiver. Ms. Garrow said we would have to amend the resolution to include the waiver of 1,300 and no other. Councilman Myrin moved to adopt Resolution #178, Series of 2017 with the 1.300 dollar waiver only; seconded by Councilman Hauenstein. Roll call vote. Councilmembers Hauenstein, yes; Myrin, yes; Frisch, yes: Mayor Skadron, yes. Motion carried At 8:40 p,m.; Councilman Hauenstein moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried. Linda Manning, City Clerk 10 P324 )[.a MEMORANDUM TO: Mayor Skadron and Aspen City Council FROM: Justin Barker, Senior Planner THRU: Jessica Garrow. Community Development Director RE: Resolution # 178, Series of 2017 - 834 W. Hallam Street - Fee Waiver Request MEETING DATE: December 18,2017 APPLICANT: SUMMARY: 834 W. Hallam LLC The Applicant requests a waiver of the following fees: REPRESENTATIVE: â€¢ Impact Fees Stan Clauson Associates â€¢ Planning Review Fee â€¢ Permit Fees LOCATION: 834 W. Hallam Street REQUESTS AND REVIEW PROCEDURES: The Applicant is requesting City Council approval of the following: â€¢ Impact Fee waiver. pursuant to Land Use Code Section 26.610.100, Waiver of Fees. â€¢ Planning Review Fee waiver for this application, pursuant to Land Use Code Section 26.104.070. Land Use Application Fees. â€¢ Building Permit Fee waiver, pursuant to Municipal Code Section 2.12.100, Miscellaneous Fee Schedules - Building and Planning. PROJECT SUMMARY: The applicant has received approvals to restore and relocate the historic structure and develop a 100% affordable housing project on the site. The project consists of the following units: one 1 - bedroom, two 2-bedrooms. three 3-bedrooms, and one 4-bedroom. The project is also approved for the creation of Certificates of Affordable Housing Credit for 18.75 FTEs. IMPACT FEE WAIVER: The Land Use Code authorizes City Council to exempt or to reduce by any amount the TDM/Air Quality Impact Fee and the Parks Development Impact Fee for affordable housing development. The restored historic structure is exempt from impact fees as an incentive for historic 834 W. Hallam Street Staff Memo - 12.18.17 Page 1 0 f 3 P32! j X.a preservation. The applicant requests a waiver of the impact fees for the non-historic portion of the project. The estimated impact fees for this project are as follows (note: impact fees are calculated at the time of building permit submittal: therefore the fees below reflect the regulations currently in effect): TDM/Air Oualitv Fee: 3,961 sq. ft. Floor Area x $0.61 = $2,416.21 Parks Development Fee: 3.961 sq. ft. Floor Area x $5.45 = $21,587.45 Total Impact Fees: $24,003.66 The ability to request a waiver or reduction of Impact Fees for an affordable housing development has been in place since the Park Dedication impact fee was adopted in 1979. The Air Quality/TDM impact fee was adopted in 2006. The Snyder Park Affordable Housing project received a waiver of Parks Dedication fees in 1998. th it iS Neither Truscott nor 7 and Main were granted Parks Dedication fee waivers; however. unclear as to whether waivers were requested. In 2005, Burlingame was granted a waiver of Park Development fees in exchange for the dedication of 195 acres of land. More recently, the Aspen Valley Hospital requested and was denied a waiver of impact fees. Peter Fornell requested and was denied fee waivers for the affordable housing project at 518 W. Main Street. The City partnership affordable housing projects at 517 Park Circle and 802 W. Main Street requested fee waivers which were also denied. This is a policy discussion for City Council. Waiving or reducing impact fees encourages and supports affordable housing development: on the other hand, it displaces the impacts associated wi/h Parks Development and Transportation Demand Management/Air Quality. OTHERFEES: The Applicant is also requesting waiver of the Planning review fee for the fee waiver application and applicable permit fees. The estimated fees are as follows: Planning Review Fee: Approx. 4 hours @ $325/hour = $1,300 (additional/less hours are billed/refunded at $325/hour) Permit Fees: This is a complex fee schedule, and the request for this fee reduction was received without adequate time to calculate the approximate fees. An estimation of these fees will be provided at the Council meeting on December 18. 834 W. Hallam Street Staff Memo - 12.18.17 Page 2 0 f 3 P326 X.a The planning and permit .fees have never been granted a .full waiver .for an affordable housing project. If Council is interested in supporting a reduction in these fees, sta# recommends using the.fte schedules.for non-profit organizations, which are outlined below. Planning Review Fees: Total Fees <S2,500 100% Fee Waiver Total Fees $2.500 - $10.000 50% Fee Waiver Building Permit Fees: Project Valuation <$5,000 100% Fee Waiver Project Valuation 35,000 to $250,000 50% Fee Waiver Project Valuation>$250,000 No Fee Waiver Applicable Building Permit Fees include Building Plan Check, Energy Code, Permit Fees, Engineering, Parks, and Utilities Review Fees. Building Permit Fee waivers shall not exceed a combined value of S 15,000. F~HIBITS: A. Application 834 W. Hallam Street StaffMemo - 12.18.17 Page 3 of 3 P32- X.a RESOLUTION NO. 178 (SERIES OF 2017) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING WAIVER OF IMPACT FEES FOR 834 W. HALLAM STREET, LOTS K & L, BLOCK 10, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel ID: 273512304002 WHEREAS, the Community Development Department received an application from 834 W. Hallam LLC (Applicant), represented by Stan Clauson Associates, Inc., for the following land use review approval: â€¢ Impact Fee Waiver, pursuant to Land Use Code Section 26.610.100, Waiver of Fees; and, WHEREAS, al! code citation references are to the City of Aspen Land Use Code in effect on the day of initial application. July 24.2014, as applicable to this Project; and, WHEREAS, the City Council finds that the request for impact fee waiver meets or exceeds all applicable development standards; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, AS FOLLOWS: Section 1: Impact Fees City Council hereby waives the Parks Development and TDM/Air Quality impact fees as required by Section 26.610 of the Land Use Code. This waiver shall only be applicable for the project approved by HPC Resolutions No. 24, Series of 2016, No. 14, Series of 2017, and City Council Ordinance No. 27b, Series of 2016. Section 2: Other Fees City Council hereby waives the Planning Review Fees and Building Permit Fees, for the approved project as cited in Section 1 above, according to the fee schedules outlined below. Planning Review Fees: Total Fees <32,500 100% Fee Waiver Total Fees $2,500 - $10,000 50% Fee Waiver Building Permit Fees: Project Valuation <$5,000 100% Fee Waiver Project Valuation 35,000 to $250,000 50% Fee Waiver Project Valuation >$250,000 No Fee Waiver City Council Resolution No. 178, Series 2017 Page 1 of 2 P328 :(.a Applicable Building Permit Fees include Building Plan Check. Energy Code, Permit Fees, Engineering, Parks, and Utilities Review Fees. Building Permit Fee waivers shall not exceed a combined value of $15.000. Section 3: 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 Community Development Department and the Historic Preservation Commission are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein. unless amended by other specific conditions or an authorized authority. Section 4: This Resolution 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 5: If any section, subsection, sentence, clause, phrase, or portion of this Resolution 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. FINALLY, adopted. passed and approved this 18th day of December, 2017. APPROVED AS TO FORM: APPROVED AS TO CONTENT: James R. True. City Attorney Steven Skadron, Mayor ATTEST: Linda Manning, City Clerk City Council Resolution No. 178, Series 2017 Page 2 of 2 K JEIV-n THE CITY OF ASPEN DEC 8 2017 Land Use Application Determination of Completeness CITY OF ASPEN COMR/NITY DEVELOPP Date: December 6,2017 5019. 20 Â£7. ASUA ' Dear City of Aspen Land Use Review Applicant, We have received your land use application for 834 W. Hallam Street. Impact Fee Waiver and have reviewed it for completeness. U Your Land Use Application is complete: Please submit the following to begin the land use review process. 1 Review deposit of $1,300. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2797 if you have any questions. Thank You, /16 8- Jus*n Barker, Senior Planner City o f Aspen, Community Development Department For Office Use OnlY: Qualifying Applications: Mineral Rights Notke Required New PD Yes No j Subdivision, or PD (creating more than 1 additional lot) GMQS Allotments/ Residential Affordable Housing Yes No_Z_ Commercial E.P.F. Lodging 1.3//r-1 1 ,/-74 C STAN CLAUSON ASSOCIATES ING ff landscape architecture.planning.resort design CÂ©11.2-0 (7 - AÂ·St_ul 412 North Mill Street Aspen, Colorado 8i6ii t. 970/925-2323 f. 970/920-1628 2. --'iL 4 *4~ info@scaplanning.com www.scaplanning.com RECEIVED 5 December 20 ] 7 DEC O 5 2017 Mr. Justin Barker, AICP CITY OF ASPEN Senior Planner COMMUNITY DEvELOPMENT City of Aspen Community Development Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: 834 W. Hallam Street / Impact Fee Waiver Dear Justin: On behalf of our client, 834 W. Hallam LLC (the "Applicant"), please accept this application for Impact Fee Waiver for the 100% Affordable Housing project located 834 W. Hallam This application has been completed in conformance with the pre-application conference summary dated 21 November 2017. The Property consists of a 6,010 SF (.14 ac) parcel located at the corner of West Hallam Street and 8th Street. The Property lies within the Mixed-Use (MU) zone district and an existing historic home is located on the Property. The historic home will remain on the Property and be relocated, remodeled, and incorporated into the Affordable Housing development. The project will contain seven (7) affordable housing unites designated at Category 4. The seven units will consist of one (1) one-bedroom unit, two (2) two-bedroom units, three (3) three- bedroom units, and one (1) four-bedroom unit. Final Major Development, Growth Management, and the Establishment of Certificates of Affordable Housing Credit Approvals was granted by Resolution No. 14, Series of 2017. A total of 18.75 FTEs of Affordable Housing Credits have been created. Following is a response to the criteria for a waiver of fees: 26.610.100.Waiver of fees. Whenever the City Council determines that any part of a proposed development constitutes an affordable housing development or an essential public facility, as defined by this Title, and wishes to subsidize the construction, the City Council may exempt that part of the development from the application of the impact fees or may reduce by any amount the fees imposed by this Chapter. As an economic development incentive, a lodging development may apply for a waiver of the impact fees. An application for a waiver must be made and acted upon by the City Council prior to the submission of a building permit application. Retroactive waivers are not permitted. The Applicant requests a waiver of impacts fees in connection with the 100% Affordable Housing project located at 834 W. Hallam. The Applicant requests the waiver as construction cost are rising, the cost of the approval process was substantial, the cost of restoring and remodeling the historic resource are considerable, and the design development costs required in connection with the building permit submission ~~~ 834 W. Hallam Street / Impact Fee Waiver Mr. Justin Barker 5 December 2017 4 page 12 process represent a major cost over and beyond what has already been spent. A waiver of these fees will ensure that the Affordable Housing units are constructed as soon as possible providing local workers another much needed affordable housing option. This application is made prior to the submission of a building permit application. The requested waiver of impact fees does not include those fees generated by the affordable housing located in the historic resource, as development involving properties listed on the Aspen Inventory of Historic Landmark Sites and Structures are automatically exempted from impact fees pursuant Sec. 26.610.030 Exemptions. Approximately 1100 SF of the affordable housing development will be contained in the historic resource. The Impact fees that are subject to this waiver request are calculated as follows pursuant to Table 610.1, Impact Fee Schedule: â€¢ Parks Development Fee: Residential - 3,961 SF of Floor Area x $5.45 = $21,587.45 â€¢ TDM/Air Quality: Residential - 3,961 SF of Floor Area x $0.61 = $2,416.21 We look forward to working with staff and presenting our fee waiver request to City Council. Please call with any questions. Very truly yours, 26*=EE22Â©-l Patrick S. Rawley, AICP, ASLA STAN CLAUSON ASSOCIATES, INC. Attachments RETAIN FOR PER. . .-*,Aan Jvru Agreement to Pay Application Fees 0019 Â·20(7- *l-(4 _Â§ =m An agreement between the City of Aspen ("City") and Property Phone No.: 215-266-52 1 1 ~Cr Rm "' Owner Er): 834 W. Hallam LLC Email: mbrown@tmsoffice.com p -r' 164 3-rt 1 It' ..... Address of r-, Billing 0 Property: 834 W. Hallam, Aspen, CO Address: 515 W. Gillespie .-I (Subject of (send bills here) Aspen, CO 81612 application) I understand that the City has adopted, via Ordinance No., Series of 2011, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property ownerthat 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-retundable. rf~ $. flat fee for $. flat fee for Â» 2 $, flat fee for . $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not r j 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 agreethat 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. 1 agree to remit payment within 30 days of presentation of an invoice by the City for such services. Ihave read, understood, and agree to the Land Use Review Fee PolicY including consequences for no-payment. I agree to pay the following initial deposit amounts forthe specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant wilh approval criteria, If actual recorded costs exceed the initial deposit, 1 agree to pay additional monthly billings to the City to reirriburse the City for the processing of my application at the hourly rates hereinafter s~;*, $ 1,300.00 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ depositfor hours of Engineering Department staff tinie. Additional time above the deposit amount will be billed at $325.00 per hour. C, City of Aspen: Property owner: ~~L_.._--~~ Jessica Garrow, AICP Community Development Director Name: Matt Brown - -- 1 / City Use: Title: Fees Due: $ Received -13Â¢-0 r Member, 834 W. Hallam LLC ' b ti.ut .,Â·,-t u 1 FOR P, RMANENT RECORD RECEIVED DEC 0 5 2017 ATTACHMENT 2 -LAND USE APPLICATION PROJEC-1': CITY OF ASPEN COMMUNITY DEPELOPMENT Name: 834 W. Hallam Affordable Housing Impact Fee Waiver Location: 834 W. Hallam Street, Aspen, Colorado (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 273512304002 APPLICANT: Name: 834 W. Hallam LLC Address: 515 W. Gillespie, Aspen, CO 81612 Phone#: 215-266-5211 REPRESENTATIVE: Name: Stan Clauson Associates, Inc. Address: 412 N. Mill Street, Aspen, CO 81611 Phone #: 970-925-2323 TYPE OF APPLICATION: (please check all that apply) U GMQS Exemption U Conceptual PUD U Temporary Use U GMQS Allotment U Final PUD (& PUD Amendment) H Text/Map Amendment U Special Review U Subdivision U Conceptual SPA U ESA - 8040 Greetiline, Stream U Subdivision Exemption (ilicilides U Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane Commercial Design Review U Lot Split U Small Lodge Conversion/ Expansion Residential Design Variance J Lot Line Adjustment Â® Other: Impact Fee Waiver Conditional Use 11,XISTING CONDITIONS: (description of existing buildings, uses. previous approvals, etc.) The 100% Affordable Housing development received Final Major Development, Growth Management, and Establishment of Certificates ot Attordable Housing Certiticates by Resolution No. 14, Series ot 201/ Ihe existing historic resource will be maintained, remodeled, and incorpoiated into the affordable housing development. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) The Applicant request a waiver of impact fees to make the development of the affordable housing more tinaicially viable. Have you attached the following? FEESDuE:$1,300.00 ~ Pre-Application Conference Summary Â® Attachment #1, Signed Fee Agreement U Response to Attachinent #3, Diniensional Requirements Form, Â® Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards Â£ 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 OVIierosoft 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 willindicateifyou must submit a 3-D model. ED U Attachment 3 Vicinitv Man 301 4 f. 61 9 11 Â«2/7 " i! 11:rit-*#fLLttz-PW hi~U<)GLER ST 2 11 j. U H 416 936 Â· 1' 735 ii 'i<.1\ f//4 41 7 908 2 * '!IL \ *f 1,1 li 1080 . â€¢t>~ ; ~ 939 141' 2 . 1 ~ 931 traw FRANCIS SITÂ«=*4%-- ~ ti 11 923 h 60 0/0Â·44Â·,Â·410 915 # 2 7'"" -h l #1 911 901 U â‚¬ 726 Il k 4 0 12' '/ 930 0 0 ,%:=cm=V; FRANCESÂ·STAÂ»= 926 0 0 928 A 924 922920 4 n 918 91 0 2 , 9 733 Y 72 9 834 f 320 it 816 # 806 947. ~ ~'~'c''i,h'Al-'s~2~ # -1 U ' 941 ,; 716 ,A 121 ~ ~~~â€¢â€¢4~;~M/NALÂ£47,7~ 718 100 - 4 - =32-2*4Lts-=9212: 727 217 Â¢' C~ 721 709 f' 814 225 i .ty '2Â· Subiect parcel Impact Fee Waiver / 834 W. Hallam, LLC 834 W. Hallam Street (PID#273512304002) ii Attachment 4 Mr. Matt Brown 834 W. Hallam LLC 515 W. Gillespie Aspen, CO 81612 Tel: 215-266-5211 2â‚¬. November 2017 Mr. Justin Barker, AICP Senior Planner, City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Authorization to Submit Land Use Application - Impact Fee Waiver Dear Justin: This letter is to certify that I, Matt Brown, Member of 834 W. Hallam LLC, the owner of the property located at 834 W. Hallam, give Stan Clauson Associates, Inc., and its staff permission to represent us in submitting a Land Use Application to the City ofAspen for Impact Fee Waiver 834 W. Hallam LLCand activities related to the submission of this application. If you should have any questions regarding this matter please do not hesitate to contact me. Contact information for Stan Clauson Associates is as follows: , Patrick S, Rawley, AICP, ASLA Stan Clauson Associates, Inc. 412 N. Mill Street Aspen, CO 81611 Tel 970-925-2323 Fax 970-920-1628 7 Truly Yours, Matt Brown Member, 834 W. Hallam LLC Attachment 5 1-7=i~~2-~'1 - ....r-'2.2//* . .9.&-:**#1.-Pry ...=-- , ---WT.-- '. 6 -0-2~~ 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 by the property owner or Attorney representing the property owner. Name: 834 W. Hallam LLC Property Ownei Cl") Email: mbrown@tmsoffice.com Phone No. 215-266-5211 Address o Property 834 w. Hallam (subject o application I certify as follows: (pick one) X This property is not subject to a homeowners association or other form of private covenant. 01 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. El This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or ~ bylaws. I understand that this document is a public document. Owner signature: date: 11 / 28 / 2017 Owner printed name: Matt Brown, Member, 834 Hallam LLC or, Attorney signature: date: Attorney printed name: Attachment 6 Â«4 32./.22,2.6-1 imi i Customer Distribution Land Title' Our Order Number: Q62008386 GUAUNTEE CCWPAN-2 Date: 05-10-2017 __.~,â€¢K.'t /72- Property Address: 834 W HALLAM ST, ASPEN, CO 81611 For Title Assistance KIM SHULTZ 533 E HOPKINS #102 ASPEN, CO 81611 970-927-0405 (phone) 970-925-6243 (fax) valleyresponse@Itgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower STAN CLAUSON ASSOCIATES, INC TO BE DETERMINED Attention: PATRICK RAWLEY Delivered via: Electronic Mail 412 NORTH MILL ST ASPEN, CO 81611 970-925-2323 (work) patrick@scaplanning.com Delivered via: Electronic Mail Sellerlowner 834 WEST HALLAM ASSOCIATES LLC Delivered via: Electronic Mail Land Title* GUARANTEE COMANY - Sine' Toll-_ Land Title Guarantee Company Estimate of Title Fees Order Number: Q62008386 Date: 05-10-2017 Property Address: 834 W HALLAM ST, ASPEN, CO 81611 Buyer/Borrower: TO BE DETERMINED Seller: 834 WEST HALLAM ASSOCIATES, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.Itac.com for directions to any of our offices. Estimate of Title Insurance Fees TBD Commitment $216.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $216.00 THANK YOU FOR YOUR ORDER! L- ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: Q62008386 Customer Ref-Loan No.: Property Address: 834 W HALLAM ST, ASPEN, CO 81611 1. Effective Date: 05-04-2017 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 834 WEST HALLAM ASSOCIATES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS KAND L, BLOCK 10, CITYAND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO Copyright 2006-2017 American Land Title Association. All Rights Reserved .....1. 441[RICAN 1 U./ 111*E The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date 1:1-3 of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: Q62008386 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 2, A FULLCOPY OF THE FULLY EXECUTED OPERATING AGREEMENTAND ANYAND ALLAMENDMENTS THERETO FOR 834 WEST HALLAM ASSOCIATES, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. RELEASE OF DEED OF TRUST DATED FEBRUARY 18, 2015 FROM 834 WEST HALLAM ASSOCIATES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $1,000,000.00 RECORDED FEBRUARY 26, 2015, UNDER RECEPTION NO. 617653. NOTE: THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 4. WARRANTY DEED FROM 834 WEST HALLAM ASSOCIATES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. 0' Old Republic National Title Insurance Company " Schedule B-2 (Exceptions) a1 H Order Number: Q62008386 11 Ug The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the 0, satisfaction of the Company: â€ž 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be 11 11 ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 11 li 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 1I It 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title u that would be disclosed by an accurate and complete land survey of the Land and not shown by the 11 Public Records. 11 11 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. â€ž 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the â€ž public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by 11 11 this Commitment. " 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority " that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a " public agency that may result in taxes or assessments, or notices of such proceedings, whether or " not shown by the records of such agency or by the Public Records. l I 11 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Â·Â· issuance thereof; (c) water rights, claims or title to water. Â·Â· 8. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN DEED FROM THE CITY OF ASPEN RECORDED MARCH 21, 1888 IN BOOK 59 AT PAGE 399 PROVIDING AS FOLLOWS: "THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS." 9. ANY TAX, LIEN, FEE. OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 07, 1951, IN BOOK 175 AT PAGE 472. 10. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT BY AND BETWEEN THE GOLDEN BARREL, INC. AND THE UNITED STATES OF AMERICA RECORDED JUNE 06, 1973 IN BOOK 276 AT PAGE 494. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE #37, SERIES OF 1994 RECORDED DECEMBER 20, 1994 UNDER RECEPTION NO. 377389. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE #64, SERIES OF 1994 RECORDED JANUARY 11, 1995 UNDER RECEPTION NO. 377969. 13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN ORDINANCE #34, SERIES OF 1994 RECORDED MARCH 20, 1995 UNDER RECEPTION NO. 379874. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: 062008386 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED MAY 17, 1999 UNDER RECEPTION NO. 431137. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED AUGUST 10, 2000 UNDER RECEPTION NO. 445977. 16. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION, NO. 24, SERIES OF 2016 RECORDED SEPTEMBER 15, 2016 AS RECEPTION NO. 632210. 17. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF ORDINANCE FROM ASPEN CITY COUNCIL, NO. 27B, SERIES OF 2016 RECORDED DECEMBER 14, 2016 AS RECEPTION NO. 634604. 18. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY CERTIFIED DECEMBER 01, 2013 PREPARED BYASPEN SURVEY ENGINEERS, INC. UNDER JOB NO. 43354A: FENCELINE 11 - ENCROACHING ON NEIGHBORING LOTS TO THE EAST SIDE OF THE LOT. 1 1 1 1 1 1 l 1 JOINT NOMCE OF PR]VACY POLICY OF Land Title LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY, ' ..4 ' / 1 f r â€¢2 6/' 1 ' I. LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information") In the course of our business, we may collect Personal Information about you from: B applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; b your transactions with, or from the services being performed by, us, our affiliates, or others; â€¢ a consumer reporting agency, if such information is provided to us in connection with your transaction; and â€¢ the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: i We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. â€¢ We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. 1Â» Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. â€¢ We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. eÂ©*4 - LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION , Land Title ,.Â· I. '# 9 1 F 7 â‚¬ i 1.' 1 4,4. ., DISCLOSURE STATEMENTS Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The 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: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space js provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 Land Title Guarantee Company 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 tile Lenders 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-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 material-men 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 un-filed mechanic's and material-men'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. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. 372 Commitment to Insure * ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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 1 b * 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 tile requirements; all subject to the provisions of Schedule A * and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A 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 such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument, 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for tile policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is 02,000,000 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 www. alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2 FASpments, or claims of Ras:ements, not shown hy the pilhlic Records. 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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 ill the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory Issued by: "'h"A" Old Republic National Title Insurance Company Land Title Guarantee Company a Stock Company 3033 East First Avenue ~4~~1 1TLE'4'0, 400 Second Avenue South Suite 600 : 4 -, % * 61. t Minneapolis, Minnesota 55401 Denver, Colorado 80206 :47* * 35 1 (612)371-1111 303-321-1880 - p- .0 :3* .m~ M~~812~Â» President - M-4 -,O -7 -0 2 AMERICAN :t>. * John E Freyer, Jr * LAND TITLE President ./'~7<4#Â· 136 ASSOCIATION 41*h 3rt Ranae Yeager Sogrelâ€žry Attachment 7 CITY wr ASPEN PRE.APPLICATION CONFERENCE SUMMARY PLANNER: Justin Barker, 429.2797 DATE: November 21, 2017 PROJECT: 834 W. Hallam Street - Impact Fee Waiver REPRESENTATIVE: Matt Brown, mattbrown@tmsoffice.com ooqqÂ· 2.Ol--1- 4Â·S~LU~ DESCRIPTION: The applicant has received approvals to build a 100% affordable housing project in order to create Affordable Housing Credits. Approvals were granted by HPC via Resolution Nos. 24, Series of 2016 and 14, Series of 2017 and by City Council Ordinance No. 27b, Series of 2016. The project is vested through July 27,2020. The applicant is interested in pursuing a waiver of the applicable Impact Fees in Chapter 26.610. Council may exempt or reduce by any amount the fees imposed by Chapter 26.610 as a way to subsidize the construction of affordable housing. Any waiver or reduction would apply to the non-historic construction, as the existing historic structure is already exempt from these Impact Fees pursuant to Section 26.610.030, Exemptions. An application for waiver must be made and acted upon by Council prior to the submission of a building permit application. There are no review criteria for this application and any decision is at the sole discretion of City Council. This review does not require a public hearing and would be considered during a regular Council meeting as an Action Item. Relevant Land Use Code Sections: 26.610 Impact Fees Below are links to the Land Use Application form and Land Use Code for your convenience: Land Use Application Land Use Code Review by: â€¢ Staff for complete application â€¢ City Council Public Hearing: None, City Council Action Item Planning Fees: $1,300 for 4 hr. deposit (additional/fewer hours will be billed/refunded at a rate of $325 per hour) Referral Fees: none Total Deposit: $1,300 To apply, please submit one copy of the completed of the following information: El Completed Land Use Application and signed fee agreement. Il Pre-application Conference Summary (this document). ASLU Impact Fee Waiver 834 W. Hallam Street Parcel ID: 273512304002 1 3 Street address and legal descr+Â·don of the parcel on which development is M,Oposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. U 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. E HOA Compliance form (Attached). Il A written description of why the waiver of fees is being requested including a calculation of the potential fees to be waived or reduced. 0 An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. If the copy is deemed complete by staff, the following items will then need to be submitted: Il Total deposit for review of the application. 0 A digital copy of all application materials provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 2