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Home My WebLink AboutLand Use Case.330 E Gillespie St.HPC5-9447 7- Â¥ T --- ...... ~ Martineau, Daniel 4 330 E. Gillespie HPC5-94 ~ 8 Â« 4-2 -9 3 2 .. CASELOAD SUMMARY SHEET City of Aspen Historic Preservation Committee DATE RECEIVED: 03/03/94 CASE NUMBER: HPC5-94 DATE COMPLETE: PARCEL ID#: 2735-121-31-004 PROJECT NAME: 330 E. Gillespie Project Address: APPLICANT: Daniel J. Martineau Applicant Address: 117 AABC, #309 920-7626 REPRESENTATIVE: Representative Address/Phone: TYPE OF APPLICATION: 1 STEP: X 2 STEP: 3 STEP: HPO Insubstantial Amendment or Exemption: HPC Meeting Dates: P&Z Meeting Date: CC Meeting Dates: 1st 2nd REFERRALS: Planning Building Zoning City Engineer Parks Dept. City Attorney DATE REFERRED: INITIALS: DUE: FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Clerks Office Other: FILE STATUS AND LOCATION: COMMENTS: .. MEMORANDUM TO: Aspen Historic Preservation Committee FROM: Amy Amidon, Historic Preservation Officer RE: 330 Gillespie, Partial Demolition DATE: March 9, 1994 SUMMARY: This structure was built in the 1890's and is listed on the Inventory of Historic Sites and Structures. HPC made a site visit to this building in January, noted its deteriorated condition and encouraged the owner to preserve as much of the historic building as possible. The applicant proposes to demolish newer construction to the rear of the structure and the lean to along the east side of the cross gable. They will then restore the remaining portion of the building and construct a new addition. The existing outbuilding, built within this century, will function as a garage. The applicants propose to change the hipped roof on this structure to a gable roof, and will add a small lean-to on the north side of the structure. Because the building encroaches into the setback, the applicant will also need approval from the Board of Adjustments to demolish and reconstruct a roof. APPLICANT: Daniel J. Martineau, owner, represented by Studio B architects. LOCATION: 330 Gillespie Street, Lot 4 and the west half of Lot 5, Hallam's Addition to the City of Aspen. PROCEDURE FOR REVIEW: No partial demolition of any structure included in the Inventory of Historic Sites and Structures of the City of Aspen, established pursuant to section 7-709, or any structure within an "H" Historic Overlay District shall be permitted unless the partial demolition is approved by the HPC because it meets the applicable standards of section 7-602(C). The applicant proposes to demolish 46.7% of the existing residential structure. This fits within the Land Use Code's definition of partial demolition. HPC's role is to determine whether or not the portions of the building proposed for demolition can be sacrificed without compromising the character of the resource. It is not within the Board's power to review the design of the building addition, other than to offer comments. Standards for Review of Partial Demolition 1. Standard: The partial demolition is required for the renovation, restoration or rehabilitation of the .. structure. Response: This house has been vacant and on the market for two years. In their assessment of the economic feasibility of restoring this structure, the applicant indicates that even though the house was listed at a lower price than any other in the West End, the uninhabitable condition of the structure may have driven off potential purchasers. The structure is somewhat deteriorated from neglect and also shows some stress from settling. 2. Standard: The applicant has mitigated, to the greatest extent possible: A. Impacts on the historic importance of the structure or structures located on the parcel. Response: Willit's map of Aspen in 1893 shows the plan of this house as a front facing L with a small wing to the rear. The bird's eye view of 1896 shows the wing as a longer gable roofed addition, one story high. Staff believes that this original wing was demolished and replaced with the existing addition. The portions of the building proposed for demolition do not appear to be historically significant or of high quality. The outbuilding contributes to the overall significance of the site. Removing the existing hipped roof and replacing it with a gabled roof connects the outbuilding visually to the main house, however, this change also represents a substantial alteration to the character of the outbuilding. B. Impacts on the architectural integrity of the structure or structures located on the parcel. Response: The architectural integrity of the structure is currently threatened by lack of maintenance. The project will improve the condition of the historic resource, by modifying the existing foundation and possibly upgrading structural members. RECOMMENDATION: Staff recommends HPC approve the proposal for partial demolition of the residential structure, but not approve the demolition of the roof on the outbuilding. Before and after photos of the project should be submitted to the Planning Office. Additional Comments: ATTACHMENT 1 IAND USE APPLICATION FORM 1) Project Namp Gillespie St. Renovation and Addition 2) Project location 330 Gillespie St. Aspen ,Colorado C.F.Murphy agsnciates suhdivision T,ot.#2 Area 6421 s.f. (irxlicate street address, lot & block ramber, legal description where appropriate) 3) Present Zoning R-6 4) Lot Size 6421 S.F. 5) Applicant's Nanie, Ariri-ref:= & Rione #McMorris+Mart, ineall Development Co 202 E. Main St. Aspen .Co. 81611 925-5131 927-8502 925-6251 6) Representative's Name, Address & 2*]ne # Studin R 303% E.Main St. Aspen Co. 81611 920-9428 7) Type of Application (please check all that apply): Corditional Use Conceptial SPA 1 Conceptual Historic Dev. Special Review Final SPA - Final Historic Dev. 8040 Greenline Conceptual PUD _ Minor Historic Dev. .- Stream Ma-rgin Final RJD ~< Historic De!molition mxmtain View Plane Subdivision Historic Designation Corxicminiumization _ Text/Map Amerximent (NOS Allotment Iot Split/Lot Line - GUS Eboemption Adjustment 8) Description of Existing Uses (number and type of ecisting structures; approximate sq. ft.; number of bedroams; any previous approvals granted to the property). House consisting of three possible bedrooms,living area,dining area mud room and kitchen. Out building used for storage and workshop 9) Description of Develcpment Applicatian Demolition of previous additions to existing Victorian house and adding onto original with similar character and style 10) Have you attached the following? Respanse to Attachment 2, Minimim Sulmission Contents Respanse to Attachment 3, Specific Submission Contents Response to Attachment 4, Review Standards for Your Application .. Aspen Historical Preservation Commission Attention: Ms. Amy Amidon Re: Application for Partial Application regarding property located at 330 West Gillespie, Aspen, Colorado. February 25, 1994 Dear Amy, As you are aware, we finally found a buyer for the property at 330 West Gillespie - me! The closing will take place on March 10, 1994. I am therefore the "applicant" for purposes of the "Application for Partial Demolition" materials you gave to Jesse. My address and phone number are as follows: Daniel J. Martineau c/o MeMorris & Martineau Development Corp. 117 AABC, Suite 309 Aspen, Colorado 81611 (303) 920-7626 My representative for purposes of the HPC application process on this property is Studio B Architects; I understand that you have met both Scott and Jesse. Their address is 303 1/2 East Main Street, Aspen, Colorado 81611 and their phone number is (303) 920-9428. A copy of the purchase contract is attached; it includes the legal description of the property and a current title certificate. Also attached is the Application for Partial Demolition prepared by Studio B. I hope that the enclosed materials meet your requirements; if there is anything that is missing or any additional information that you feel would be useful to you, please don't hesitate to call me or Jesse. Very truly yours, tx 1 DAA Martineau .. HISTORIC ARCHITECTURAL BUILDING/STRUCTURE FORM State Site Number: Local Site Number: 330.GS Photo Information: ASP-L-12 & 13 Township 10 South Range 85 West Section 12 USGS Quad Name Aspen Year 1960 X 7.5' 15' Building or Structure Name: Edward A. Whitmore House Full Street Address: 330 Gillespie Street Legal Description: Lot 4 and the west 1/2 of Lot 5, Block 91 Hallam's Addition to the City of Aspen City Aspen County Pitkin Historic District or Neighborhood Name: West End Owner: Private/State/Federal Private Owner's Mailing Address: ARCHITECTURAL DESCRIPTION Building Type: Residential Architectural Style: Cross Gabled Cottage Dimensions: L: X W: = Square Feet: Approximately 1,200 Number of Stories: 2-Story Building Plan (Footprint, Shape): Landscaping or Special Setting Features: Wrought iron fence along the street edge, mature pines, spruce Associated Buildings, Features or Objects - Describe Material and Function (map number / name): Detached outbuilding For the following categories include materials, techniques and styles in the description as appropriate: Roof: Cross gabled, wood shingle on porch; asphalt shingle on rest Walls: Horizontal wood clapboard with decorative frieze across at eave height front qable end Foundation / Basement: Stone Chimney(s): None Windows: One-over-one wide wood double-hunq, apparent new porch windows; front qable end, divided light over one double hung with shutters Doors: Not original, 1/2 light over wood panel Porches: Apparent replication, front shed with scroll brackets, turned posts, balusters and frieze General Architectural Description: 2-story cross qabled cottaqe with extensive Queen Anne detailing, double hung windows, front porch, shed addition to side yard rear. .. Page 2 of 2 State Site Number Local Site Number 330.GS FUNCTION ARCHITECTURAL HISTORY Current Use: Residential Architect: Unknown Original Use: Residential Builder: Unknown Intermediate Use: Residential Construction Date: 1890's Actual X Estimate _ Assessor Based On: MODIFICATIONS AND/OR ADDITIONS Minor Moderate X Major Moved Date Describe Modifications and Date: Original porch modifed with added detailing, shutters, new roof 1969 Additions and Date: Shed roof addition to east side and rear, date unknown NATIONAL/STATE REGISTER ELIGIBILITY AND CRITERIA Is listed on National Register; State Register Is eligible for National Register; State Register Meets National Register Criteria: A- B C D E Map Key Local Rating and Landmark Designation Significant: Listed on or is eligible for National Register Contributing: Resource has maintained historic or Zl - architectural integrity. 0 Supporting: Original integrity lost due to alterations, however, is "retrievable" with substantial effort. Locally Designated Landmark Justify Assessment: Integrity has been compromised due to substan- tial modifications. Associated Contexts and Historical Information: The significance of this residential structure is not of those who owned it or lived in it, nor of its architecture, although this structure is representative of Aspen's Mining Era. It is of historical importance by illustrating the family/home environment and life style(s) of the average citizen of Aspen which was then dominated by the silver mining industry. Other Recording Information Specific References to the Structure/Building: Pitkin County Court- house Records; Sanborn and Sons Insurance Maps Archaeological Potential: N (Y or N) Justify: Recorded By: Devon Reese, Intern Date: August, 1990 Affiliation: Aspen Historic Preservation Committee - City of Aspen Project Manager: Roxanne Eflin, Historic Preservation Officer/Planner SUPPLEMENT TO HISTORIC PRESERVATION DEVELOPMENT APPLICATIONS IMPORTANT Three sets of clear. fully labeled drawings must be submitted in a format no larger than 11"x17", OR one dozen sets of blueprints may be submitted in lieu of the 11"x17" format. APPLICANT: MeMorris + Martineau Development Co. ADDRESS: MAILING:202 East Main St. Aspen , Co 81611 LOC. 330 Gillespie St. Aspen , Co 81611 ZONE DISTRICT: R-6 LOT SIZE (SQUARE FEET): 6421 S.F. EXISTING FAR: 2055.0 S.F. ALLOWABLE FAR: 3240 S.F. PROPOSED FAR:* ~ 2961 S.E. EXISTING NET LEASABLE (commercial): PROPOSED NET LEASABLE (commercial): EXISTING % OF SITE COVERAGE: 22% PROPOSED % OF SITE COVERAGE: 31% EXISTING % OF OPEN SPACE (Commercial): PROPOSED % OF OPEN SPACE (Commer.): EXISTING MAXIMUM HEIGHT: Princioal Bldo.: 19 F.T. / Accessorv BlÂ®: 12 F . T. PROPOSED MAXIMUM HEIGHT: Princioal Bldo.: 25 F.T. / Accessory Bldo: PROPOSED % OF DEMOLITION: 46.7% EXISTING NUMBER OF BEDROOMS: 3 PROPOSED NUMBER OF BEDROOMS: 3 EXISTING ON-SITE PARKING SPACES: 3 ON-SITE PARKING SPACES REQUIRED: 3 SETBACKS: EXISTING: ALLOWABLE: PROPOSED: Front: 1 OF.T. Front: 8.3 F.T 8.3 F.T. Front: Rear: 33 F.T. Rear: 2OF.T. Rear: 21.7F.T Side: 7F.T. Side: 5 F.T. Side: ..LL.1 Combined Front/Rear: 41.3 F. T. Combined Frt/Rr: 3 OF. T . Combined Front/Rear: -3.QFLUL EXISTING NONCONFORMITIES/ Existing porch of original Victorian is ENCROACHMENTS: 8.3Ft. (10Ft.Min) from front property line. Accessory bldg. encroaches on 5Ft. s tback VARIATIONS REQUESTED (eligible for Landmarks Only: character comDatibilitv finding must be made by HPC): FAR: Minimum Distance Between Buildings: SETBACKS: Front: Parking Spaces: Rear: Open Space (Commerdal): Side: Height (Cottage Infill Only): Combined Frt./Rr: Site Coverage (Cottage Infill Only): 3 11: 10 Pit m i <t> V - AN 0 t~9413414 f Hunter b 4 1 9 44 ... 04. i $ 16, "%na 44. % S i 1 /r - '90, eo .16 16 <-/ 4 24 046 O, 16Â¥-9 Mounminlew Dr<~S\1--_ ' *- m mestakeD, 3 ~ d e,>04 . Rd 91 804;44 /2 D c / '2401. 2 + h -1 49 4,0 f e 4> SrEW~unny Ct 1 sierra4'~% or =40 To Basalt / -- Salvation :0 '4% 9.9 06 : 21Â· i P Aspen \ ~ 46 Hunter 0 7 3 Institute - -- \ 40 0 3.71 r b Â¢ 2 2 % 3 I 2 1 8 9%9? 1 3 3 < b Music S ~ ~ d S 2% \ 2 Tent . 0 y m ~~.. ceiih4 ect 82 84.9,6 / Not every street or road is Gilles ie St., â€¢Location -_. / named onmaps orlisted in I ' street guides. Construction of Golf Course 9 -1 f # mo 1---i -%.1 (j \ 1,40 st streets and roads may be in 0 progress in certain areas ter St 9 e S , a F ncis St Ak 0,4 2 -=, - 46 05 2 I I. ~ f b S Race St ~Â® e / H lam St + r Â·AÂ·* - 4 + m 1 8/ Smuggler Aftn Rd Aspen 2/ j kr eals, 12 t#< 2 C pk X Q 50 r ~ a/>,st 1,,, Bay st 04 C 1) 82 24 6 f' 4 3 4 4 3 * o kins * . /97@ / r C * C 4 Kin t & - ~To .path 11 i b --h 1 1 Hospity Ht < < entst ~ ~ ni /744 ~- ~~ Queen St ./ 9 10 i,f182-<3~Francis St... . .ce Mall C Co k 4 2 4/ 2 2 .3 / I Maroon Lake '-*-h<Galena St. .Cd a i , ..H-5 Meadow Dr....... . H-2 L/Â£47/7 9 De - P.p + d 1 Larkspur Ln 4 -1 Garmisch St. Meadowood Dr......G-H-2 . t Gibson Av. ...............G-H-5-6 Meadows Rd. ..F-G-3 #/7/ J nia Uurent p Gilbert St..... H-5 Midland Av. .H-6-7 r a St 4% * Â»61) U I fy -)**A ' ~li~'i~ta Dr .27-; lullpjts.t.. .065 CLUL_. ~2~->Summit t ~. 05 aters Vy ) Cy#e Bav St. ...66 Heather Ln. ...G-H-2 Mountain View Dr... ..E-2-3 700(9 m . +u ;60.40 B. Barnard C[. .G-3 Hill St . .. 1-1 -5 Mt Laurel Cl ..J-X 0 0- 2 + 90 Aspen U Â¢ River.6 0( f~11._3Â¥221Â¥lâ€¢MY,f r ~ Bennett Bench Rd. ......E-4-5 Homestake Dr. .EÂ·2 Mt Laurel Dr ..1-1-8 ~ % 44:,sed 16 (f Dr~ Black Birch Dr. ...E-F-2-3 Hopkins Av.. 4. .G-H-3-6 Neal Av. ...H-6 0. \14 Â»Â» 4 Bunnv Ln........ ..E-2-3 Hunter St. +.....H-5 North St.. F-3-4 5 ~ 1. CkÂ· 4 0/4 \4.- ~ < : ~Castle Creek Dr.. .F-3 Hunter Creek Rd... ..D-E-6 Original St. .,.H-I-6 Red's Rd. ...D-E-4-6 Castle Creek R d. . ..G-J-1-3 Hyman Av. ...(,-H-4-6 Overlook Dr. . E-3 Regent St. Cemetery L n. ..D-G-2-3 Juan SL... ...11-4-5 Park Av. .11-6 Ridge Rd. H~ji =rke Roif fl ~ Centennial Cir 1-6-7 Juniala St. .11-5 Park Cir. ..}1-6 River Dr . .E-3 South Av Chatfield Rd. .52 King St. ...H-6 Pearl St. .F-4 Riverside Av. ....11-6 Spnng SL. (,-1-1-5-6 1 96 1 nE Cleveland St . .....H-6 Lake Av.... ...F-(i-4 Placer Ln. ,..F-5 Riverside Dr.... ..1-6-7 Spruce St... ..6-6 \. \-Â·77% Cooper.Av. Il.4-5 [.ark\pur 1.1. 4,4 .11-2 Power Plant Rd. ..F-G- 3 Rivervide St. .1-6 Suiiimit St. H.5 82 \ K. Cn.tai Lake Rd. .1-7 Lone Pine Rd. G- 5 -6 Primro:e Path. H-2 Roaring Fork Dr. 1-7 Vine St. . (1-6 L--< Dale St. 11-6/Llipme [)r. 1.1-8 1,uppy Smith Sl .G-5 Roaring Fork Rd. ...F-4-5 Wit 11)01 S t . (-i-6 Dean Sl .....11-5 Magnifico Rd. 1:-4 Pyramid Rd .F-1 Sage Ct......_ .E-2 Waters Av. ....!-6 Draw Dr. . ..E-4-5 Main St. ..G-H-3-5 Queen S I. .1-1-6 Salvation Cir. ..E-2 West End S[. .1-1-1-6 ~ Durant A; ..H -4-6 Maroon Creek Rd. ..G+Id-2 Race St. .......G-6 Silver King Dr. .E-2 W:Mview Dr.... .......1-7-K East Bleeker St. ...G-H-5-6 Maroon Dr. ........ ......F-1 Red Butte Dr... D-E-2-3 Sinuggler St... ......... ..F-G-3-5 Willoughby Wy. ..E-F-3-5 To Twin Lakes, Ed.i,wod Rd. ...1-7 MeSkimming Rd. .H-1-7 Red Mountain Rd. ..[3-0-5-6 Smuggler Mountain Rd.... ..G-6 Wright Rd.. . E-5 Independence Pass a To/Ashcroft a A A A a a W m MÂ«. a pu isaM F:i 0 --1-- 0 scott lindenau 3 0 31/2 e.main s t. aspen CO. 81612 303 Â· 920 â€¢ 9428 PROPOSED DEMOLITION, RENOVATION AND ADDITION TO THE EDWARD A. WITMORE HOUSE LOCATION: 330 Gillespie St. Aspen ,Co. Lot 4 & west 1/2 of Lot 5 Block 91 Hallam's addition to the city of Aspen INTENTION OF PROPOSED DESIGN SCHEME: â€¢ Demolition of recent, less substantial modifications to original cross gabled miners cottage. â€¢ Adding to the original structure in a way that is compatible with both existing historic cottage and the character of the surrounding neighborhood. â€¢ Restoration of existing structure to retrieve and prolong the integrity of the existing, historic conage SITE: â€¢ Site is landscaped with mature pine and spruce trees obscuring most of the lot as seen from the street, however they do frame the original cottage. MEANS OF COMPLIANCE: â€¢ Configuration of addition breaks up the lot into a series of private landscaped outdoor rooms allowing light and view into the building. â€¢ Unlike similar west end historic renovations this proposed addition does not dominate in mass or height over the original cottage as seen from Gillespie St. â€¢ Roof pitch is consistent with original roof and is similar to victorian roofs of the west end. â€¢ Proportion<, mass and scale of building are derived from original building as well as surrounding example houses of this period. .. â€¢ Molding, trim clapboard and decorative details to match as close as possible to original. â€¢ Use of true divided light windows that are consistent in proportion and size with original as well as surrounding historic houses. It is our intent to integrate all buildings (existing and added on to) to enhance the original cottage. In response to item 3 on attachment 3 the soundness of the wood structure appears intact and suitable for rehabilitation. The foundation will need to be modified to accommodate the new addition as well as to level the existing structure from years of settling. Floor joist ,plates roof rafters and beams may need to be replaced or modified as required. .. ECONOMIC FEASIBILITY REPORT The property located at 330 West Gillespie in Aspen, which is more fully described in the Application for Partial Demolition to which this Report is attached (the "Property") is currently under contract for Six Hundred and Thirty Thousand Dollars ($630,000.00). The property has been offered for sale for almost two (2) years, and the current sale is the result of arm's length negotiations between unrelated parties. The estimated market value of the Property is therefore $630,000.00. There is not, to our knowledge, any other single family residence, or even a vacant lot of comparable size, which is currently being offered for sale in the West End of Aspen for less than $800,000.00. It is our belief that the uninhabitable condition of the existing improvements to the Property explains and justifies this anamoly. We estimate that after a complete demolition of the current improvements on the Property, the Property would have an estimated maket value of between $800,000.00 and $900,000.00. However, complete demolition of the existing improvements is neither permitted nor desireable, as the demand for renovated Victorian homes in the West End is much stronger than the demand for vacant lots. The existing improvements to the Property consist of (1) the original two story miners cottage, (2) various later additions to the east and north sides of the original house, as well as an open porch on the southwest corner of the house, and (3) a detached storage shed of approximately 400 square feet located in the northeast corner of the lot. We propose to demolish most of (2) above, and to salvage and renovate as much as possible of (1) and (3) . Our plans will result in a renovated residence of approximately 2850 square feet and a renovated garage of approximately 450 square feet. The renovated residence and garage will be constructed in the American Victorian style, which in design and finishes, both interior and exterior, will equal or exceed the quality of Victorian homes in the same vicinity. We have created a preliminary demolition, construction and landscaping budget of $450,000.00, so that our total cost to market the renovated Property (including debt service, the cost of gaining HPC and Building Department approvals and other miscellaneous costs) will equal approximately $1,200,000.00. The average resale price of single family residences (including vacant lots) in Aspen during the last three months of 1993 was approximately $1,400,000.00. We believe that the market for such properties will remain strong throughout 1994, and that the renovated Property, with its desireable location in the West End near the Music Tent, will sell for at least $1,600,000.00. Therefore, our proposed improvement of the Property should result in a reasonable return on investment. To our knowledge (we have asked the current owner), there have been no appraisals on the Property in the last two years. -. . ; iÂ·~Â·.~44:92Â·j.k..1 . l'he printed portions of I lils form, ex cept (11 Il l etied ) (d trferen I l ated) ail d l l l otin, 4444,1. Â· 13 hmve been approved by the Colorado Real Esti,te Commtssion. (CBS 1-1-94) 1:1). 13* 1 e. '111191Â·ORM HAS IMPORIANI'LICOAI.CONSE.QUENCES AND'1111. PAR,1Â£85!IOULDCONSULTLEGAL AND'IAX OR O111ER COUNSI.L DEFORESIGNING. RESIDENTIAL CONTRACr TO BUY AND SELL REAL ESTATE -7.aerÂ»Gr? ~90 :Â·9â€¢,Â¢~t 921*ey:?t/: 1 1...f Â·Â·,t feâ€¢: .TAni,Ary 31., 19--RA~ -1 Â¢ 40{k->Â·4. 4 1. PARTIES AND PROPERTY. Daniel .T. Marfinpail/or A.q.qigng; h, I-,1.) 1Buyer]. (as joint tenants/tenants in common) *.2Â»11 7 t. 2.Â· 1 agrees to buy, and the undersigned scller(s) [Seller], agrees to sell, m Nic terms and conditions sel for th in this contract, the following described rcal U.- i estate in the County, P -11-ki n , C.Inrnit.. t. will ~ Lot 2, Turley Subdivision known ac Nn 130 W. Cillespip Aqppn CnlnrArln R1611 , Sweet Addiess City State Zip i togelher with aI interest of Seller in vacated streets and alleys adjacent thereto. all cascments amd other appurtenances 11,creto. 011 improvements thereon and all attached fixtures thereon, except as herein excluded (collectively Lhe Properly). 2. INCLUSIONS/EXCLUS[ONS. The purchase price includes tile following items (a) i f attached to the Properly on the date of this con- tract: lighting, hcating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water soncners, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom syslems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories). and garage door openers including -NAA_ remote controls: (b) iron tile Property whether attached or nol on tlie date of tltis contract: storm windows, storm doors, window and porch shades, awnings. blinds, screens curtain rods, drapery rods, fireplace inserts, fireplace screcns, fireplace grates. licating stoves, storage sticds. all keys and (c) Excepting certain property of Seller described and to be removed as provided in the attached addendum. The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill orsale at the closing, free and clear ofall taxes, liens and encumbranccs, except as provided in Section 12. The following attached fixtures arc excluded from this sale: None 3.PURCHASE PRICE AND TERMS. The purchase price shall bc $ 630,000.00 , payable in US. dollars by Buyer as follows: (Complete ihe applicable terms below.) -- 1 (a) Earnest Money. t 50,000.00 in the rorm or Good Funds ng rar,14 money deposit and part payinent of the pillÂ·chase I price, payable lo and held by Pitkin County Title 1-14â€¢~ in ils trust 1 accounl on behalfol both Scilcr and Buyer. D,.1... w ..11....1,1 L JJ.... 11.....,.uut i,,u,,, J ,r, h l, alâ€ž .1. u u *, " 7, -i a brnâ€¢â€¢â€¢ ,Â·t.Â»â€¢~ 11,e balance of $ 580,000.00 (purchase price less earnest money) shall bc paid as follows: (b) Cns|â€¢ al Closing. $ 580,000.00 , plus closing costs, to bc paid by Buyer al closing in funds which comply wilh all applicable Colorado laws, which include cash, ekdronic transfer funds, certified check, savings and loan teller's check, and cashier's chcck (Good Funds). Not,jecttrrthc-provisionsÂ·of Â·~du. 4, W .lic -6.1.,s lual, b.,1.-u ai â€¢1- d.... ul Ju.,1.,6 '1'all L . Jiffu,,...l f.,....1.. 1.... Lulu..~- ... 0..L .... ], 11.. 4,-1.....t .,1...It L .....1,7, Rm'65-:Irclastriurrmirl-:le-thitnwr- / (c) Newb,an. $ ~ hy Buyer obtaining a new loan. The loin shall be of the followilig type: (Check applicable boyd O Convenlifi~k O Fixed interest rate / r-1 MA ~ O Adjustable interr.1 râ€¢te / O VA O Graduated paymrni r.10/her / This loan will be secured by a (Ist>42, etc.) decd of trust. The loan may be increased to add the w.~mortgage insurance, VA funding rce and 5DÂ»Acins for a total loan amount not in excess of f , which shall be aindlile' over a period of-year;papproximately t per month including principal and interest not to exceed'3~~ % per annum, plu~required by Buyer's lender, a monthly deposit of Mi of the citiinated annual real eslale taxes, properly insurance pic,Rhâ€¢on, and mortgage brfurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rat~hitielly shÂ¥1.fl~; exceed the figuressct forth above. 1.~an discount points, i fany, shall be paid to lender at closing and J>tjll exceed 96 of the tolal loan amount. Notwithstand- ing the loan'sintercstrate, the first -loan discoui,l pointss,dil bA>.id by . and the balance, if any, shall be pakt by \ . 7 ..~.Ff-i Buyer shall timely pay a loan originalion Ice not to ~pal % 01,1<oan amount and Buyer's loan costs. (d) Assumption. n . $ hy Buylfassuming and agreeing to pay an existing loirh48 this approximate amount, prescnlly payable al pro,(Annih prinripal, mtcrcst presently at \ 96 per annum, and including escrow for the ...2 - , following as indicated: Oreal estate ty,C O property insurance premium, O mortgage insurance pkhig:~nwl R.,ypr agrees : t,,24*,-,;'- 9 4 tl Â· & to pay a loan transfer fee noU,exceed $ . At the time orassumption, ilic new intcrest rate,~not acced % Â· ~ ~~ ~ per annum and the new,6,thly payment shall not exceed $ , principal and interest, pihh.,~row, if any. Seller o sha~,d;hall not be rcleased from liability on said loan, andir a VA-guaranteed loan, Seller's eligibility NÂ¢atl O shall not be reinstated.JKpplicable, compliance with tlic requirements for release from liability or reins(alcinent of eligibility shall bc evida,~1 by delivery , al closinS,0Kppropriate leller of commitment from O VA Olender. Cost payable for rclease of liability/reinstatement of VA eligiWIRLÂ¥ shall be paid 6~F in m amount na to exceed $ \ No. CBSI-1-94. 11[1911)EN'1'1/U.CONI RACI'lO IltlY ANI) SE.1,1.It r':Al, ES *AIE j i nt:,dr.,r,1 tÂ·â€žt,tkl,i,,p.. 1741 W:,ire St , 1)rn,n, 9 8(1207 - (303) 2Â·" 2500 ..11.91 1'â€¢ge 1 {,r 4 .-Â®19.-9 mim r. .---=N . - 1 1 e) Seller or Private Third-Party Financing. 1. 4 by Buyer executing n promissory note payablâ€¢ InÂ· nn ihr nntp form as indicated: (Check one box~ly.) 0'1*ht-to-Cure NTD 82-11-83 O No Right-to-CureNTD 81-11-83 1-1 . , i :Ccul'b,! by a (Ist, 2nd, etc.) dced of trust encumbcring the Properly, using the form as indicated: (Check one box only.) 0 Â· O Strich~ue-on-Sale (TD 72-11-83) C]Creditworthy frI) 73-11-83) O Assumable-Nolduconsale (TD 74-11-83) n \ . r Tim promissory te shall be amortized on the basis of- years, payable at $ per month inc~MAg principal and ~ 11 interest at the rate of J % per annum. Payments shall commenr, Â·.3 . an,1 .h.11 4 due on the day of each succeeding month. If not sooner paid, the bdiance or principal and accrucd interest shall be di,p :â€¢Â·â€¢rl payahlp â€¢nprrlming. payment~/6 shall o shall not be increased by Kz of estimated a:~1601 real estate taxes, and Â¤ shall O shall not be increased by Mi of estimated annual property i,ydrance premium. *4 The loan shall also contain thehilowing terms as indicated: If any payment is not received within calendar daysy(er its due date, a late charge of 96 ofsuch mohtly payment shall be due. Interest on lender disbursements under the deed of trust slial&* % perannum. 5 Default interest rate shall be \ % per annum. 4. FINANCING CONDITIONS AND ob~GATIONS. Buyer may prepay without a penalty r.bnt (a) Loan Applicallon(i). If Buyer is to pay other part of Ilic purchase price as sci furth in Section 3 by ohillin~ a new loan or ifan existing kinn is not to be released at closing, Buyer, if required by such lender,Jfall make written application within calend~days from acceptance of this contract. Buyer shall cooperate with Seller and lender lo oblain loan approv~diligently and timely pursue same in good faith, 5'tute all documents and furnish all information and documents required by the lender, and, subject to Section \timely pay ilic costs or obtaining such loan or ],nder consent. (b) loan Approval. If Buyer is to pay all or part of the pOkhase price by obtaining a new loan as sp*0ied in Section 3, this contract is conditional upon lender's approval of the new loan on or trfnrp .19 ./~f not so approved by said date, this contract shall terminate. (c) FliA/VA Provisions. 31 " (1) Fl IA. It is expressly agreed that notwithstanding any ot provisions of this co~fact, Che Purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by furfe re of earnest mo;}4 deposits or otherwise unless the Purchaser (Buyer) has been given in accordance wilh HUD/FHA or VA requirements a written statement by th Federal 1 t,(ing Commissioner, Veterans Administration, or a Direct Endorsement lender setting forth the appraised value orthe Property of not less than $ / . The Purchaser (Buyer) shall have the privilege and option of 41...; proceeding with consummation of the contract without regard to the amount o I appraised valuation. The appraised valuation is arrived at to determine tile maximum mortgage lhe Department of Housing and Urban Development will ' re. HUD does not warrant the value nor the condition of the Property. The 1 .1 Purchaser (Buyer) should satisfy himself/herself thal the price and condition of c Pr erty are acceptable. (2) VA. If Buyer is to pay the purchase price by obtaining a new VA- dranteed an: lt is agreed lhat, notwithstanding any other provisions ofthis contract, 1 Buyer shall not incur any penalty by forfeiture of earnest money or otherwi be obligated complete the purchase of the Property described herein, if the contract purchase price or cost exceeds the reasonable value of the Property cstabli cd by the Veterat Administration. Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to t amount of the reason le value established by the Veterans Administration. (d) Existing Loan Review. Ifan existing loan is not to be relea d at closing, Sellershall p vide copies of the loan documents (including note, deed of trust, 3 modifications) to Buyer within - calendar days from a eplance of this contract. This c tract is conditional upon Buyer's review and approval ef the ' provisions of such loan documents. Buyer consents to the p visions of such loan documents if n written objection is received by Seller from Buyer within calendar days from Buyer's receipt of suct ocuments. If the lender's approval ofatran erof the Propertyisrequired, this contract is conditional upon Buyer's ~blaining such approval without change h he terms of such loan, except as set forth in Sec n 3. Ifiender'sapproval is notolitaincdon or bcfore 19 -, is contract shall be terminated on such date. If Seller is be released from liability under,such existing loan or if Seller's VA eligibility is to be reinstated and B er docs not obtain such compliance as set forth in Section 3, is conlract niay bc terminated at Seller's option. (e) Assumption Balance. If Buyer is to pay ' I or part of the purchase price by assuming an existing loan and ifth ictual principal balance or Ihe exist'ing loan at ; the date of closing is less than the amount in ction 3 and the amount of cash required from Buyeratclosingisincrease y more than $ then Buyer may terminate this contract c f ctive upon receipt by Seller of Buyer's written notice of termination. (f) Credit Information. Ir Buyer i o pay all or part of the purchase price by executing a promissory note in favor of ler or if an existing loan is not to be released at closing, this contract is nditional upon Seller's approval of Buyer's financial ability and creditworthiness, which a roval shall be at Seller's sole and 1 , absolute discrelion. In such case: Buyer shall supply to Sellâ€ž an ar Iiiâ€¢ fi~rr .19 -,at yer'i expense, information and documents concerning Buyer' inancial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financia bilily and creditworthiness; (3) any such information a documents received by Seller shall be held by Seller in confidence, and not released to others except to pro ct Seller's interest in this transaction; (4) if Seller oes not provide written notice of Seller's disapproval to Buyer on or 1-forp 19 , then Seller I wives thisconditio f Seller does provide written notice of disapproval to Buyer on or before said date, this contract shall lerminale. 5. APPRAIS PROVISION, (Check one box only.) This Section 3 Oshall O shall not apply. This Sectio 5 shall not apply if Buyer is to obtain a new FliA or VA loan. I f this Section 5 applies, as indicated above, Buyer shall have the right t ern,inale this contract i f t purchase price exceeds the Property's valuation determined by an appraiser engaged by lf Seller receives a copy of such appraisal or written notice from lender which confirms the I'roperty's~luation is lesylian the purchase prirr. nn nr 1Â¥Â·fnrp (Al'~'~|i:,1 npat:le), thj,4ontract shall terminate. Buyer shall have the privilege and option of proceeding with consummation of this contract without regard lo the amount 01 r -fr-;r.,1 .1.li.11 1- Ilrn. Anrina U"rr .,i,"in"â€¢ 4."F r.h.jr,nl;r.~ 1â€ž 11.1, Prar'"rhi'r ,iâ€¢Â·11.iâ€¢14- 6. COSr OF APPRAISAL Cost of any appraisal to be obtained after the date of this contract shall bc timely paid by Purchaser 7. NOT ASSIGNABLE. Â· TI.. u .i,u,-1 Jll.|I ..ul L. ..,4.ULLL, D.â€ž ..al - l C.11...1, p. -.... kk.. -.......l-Emeepâ‚¬as-Â»feswiÂ©led,Thiscontract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, either a current commitment for owner's title insurance policy in an amount equal 1 Â·' , 1' '/11â€¢ , '' , 1 :,onorhernre Febrliarv T , 1994 r .sTiall /Tille Deadline), F 1.11 1 Â· r Â·, i n ,-1.-94. rovide copies of instruments (orabstracts of instruments)listed in the schedule of exceptions (Exceptions) in the title insurance commitment al,etefurnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The 1.5 1Â«1 title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (Title Docu- ments). Buver, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than seven(7) calendar days after Title Deadline. IrSelter furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) Title Review. Buyer shall have the right lo inspect the Title Ijocuments or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall bc signed by or on behalf of Buycr and given to Seller on or before .Se.M-en- calendar days after Tillc Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) or cndorsemen,(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. 1 [Scller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. . (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all kase(s) and 4.97: iurvey(s) in Seller's possession pertaining to the Property a,~1 ~cliselose to Buyer all eascments, licns or other tillc matters not shown by the public records or . ...--- ,- A No. CRS;-1-94. 1â€¢:ig,Â· 2 or 4 _-2)1:LL tRi .'.. 1 -"IMMIIIIinmmnaaME,08--0..r--,1 12..At, IIi:~1'"- 11 .... .. --* ty . V . 4 . which Seller has actual knowkdge. Buyer shall have the right to inspecl the Property to determine i fany third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfuctory condition(s) disclosed by Seller 1 or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before February 14. , 19 -24--. trseller _ doot not reculve Buyer't notice by wid doto, Buyer accept, title lubject to lucli rlitlit:, If any, of third partle,of whlch Buyer ha: actual knowledge. 14 (C) Special 'liNing DistrICIN, SPECIAI. TAXING DISTRICIS MAY BIC SUBJECT TO GENERAL OIll.!GArION INDEBTEDNESS llIAT IS PAID UY REVENUES PRODUCED FItOM ANNUAL TAX LEVIEN ON '111 K TAXAI,LE PROPER I Â¥ WHION SUCInt 1,18 1111/18, 1'1101'EMTV OWNEUS IN M UCH DINTHICIA MAY DE PLACED AT KINK FOR 1 INCREASED Mill. UVIES AND EXCESSIVE TAX I,Ult,}ENS '10 MU!â€¢14)11'r 'I HE SENVICING 011 SUCI 11Â».Irr Wl,loltit ClltCUMS1ANCES AMISE RESUI.1'ING IN li lit INAntl.ITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEUTEDNESS WITIIOUT SUCII AN INCHEASE IN MILL LEVIES. BUYER SHOULD INVESTICATE THE DEBT FINANCING REQUIREMENIS OF 111Â£ Aull,ORIZED GENERAL. 0111.IGA'l ioN INDE,11 EDNESS OF SUCH D,51'RICIS, EXISTING MI[.1 LEVIES OF SUCII DISTRICr SERVICING SUCH IICI . 1 INDEHI EDINDJS, AND 1'111 PO'I EN'I IAL FOR AN INCHEANE IN SUC'11 1,1111 1.EVI EN. ' , 9 co' 1 In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Sellcron or before the date set forth in subsection 9 (b), this contract shall then terminate. If Seller docs not receive Buyer's notice by the date specified above, Buyer accepts the do e[rector the Properly'sinclusion in such special taxing districÂ«s) and waives the tight to so terminate. 1 (d) Right to Cure. I f Seller receives notice of unmerchantability of titlc or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, * Seller shall use reasonable elrort to comet said unsatisfactory title condilion(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) 1 apt 3 on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive oWection to said unsatisfactory title condition(s). 10. INSPECI'ION. r" 0 ' t '1 1,1 ' r put i /1 1 , 11 . 11 1 1 , r. 11 , 1 1 11 ., . Buyer or any designee, shall have the right lo have inspection(s) of the physical 1 J acc condition of the Property and Inclusions, at Buyers expense.If written notice ofany unsatisfactory condition, signed by or on behalf of Buyer, is nolreceived by Seller kn, ' 1 f pro 1 on or before Feb ritary 7, , 19 .91_ (Objection Deadline), the physical condition of the Property and Inclusions shall be deemed to be ma . 4 satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlemenl thereof on or before 1 pu, .ji February 14. . 19 -9.4_ (Resolution Dead ne), this contract shall terminate three calendar days following the Resolution Deadline; unless, within the three calendar days, Seller receives written notice from Buyer waiving owection to any unsatisfactory condition. Buyer is responsible for and shall Bu, 1 pun pay for any damage which occurs to the Property and Inclusions as a result ofsuch inspection. 1 prot 11. DATE OF CLOSING. Thedalcof closing shall he MArr h 1.5, , 19 94., or by mutual agreement at an earlier date. The lw,Ir m,11 place of closing shall be Â·r ,1,Â·clilnâ€¢'er' hy Pitkin County Title mo, 1 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereor, 1 pro, f Settershall executcand deliver a gnrwrl â€¢n,t ~â€žin,Â·ipnt General Warraint y ,1,Â·rrl in Buyer, on closing, conveying the Property free and 1 clcurorall taxesexcept thegeneral talles forthe yearorcln.ing. â€¢n,1 r~r,Â·pi The DerlarAtinn nf RpitÂ·,irt-Inn. attached h.rote upo ' Title shall be conveyed free and clear ofall liens for special improvements - installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected 9** or it by the Title Documents accepted by Buyer in accordance with subsection 9(a), (ili) those rights, if any, of third parties in the Properly not shown by the public records in accordance with subsection 9(b), (iv) inclusion of the Propcrty within any special taxing district, and (v) subject to building and zoning regulations. the d 1 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or 4 then i 1 from any other source. retca ] 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Sellershall pay, in Good Funds, lheir respective closing costs and atl other items absol required to bc paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. , Fees for real estate closing services shall not exceed $ 30(1. On Â·andshallbepaid alclosingby Purrha.qpr AnA 9911.r docu Equally The local transfer tax-of---------9(rofthe-purchese price shall be paid at closing 1 (31 21 by Purchager J 2Â£1........t~w.. .1.JIA trans .lilli waive be-paid-whr,nlne-I,v 15. PRORATIONS. General taxes for the year of closing, based on the taxcs for the calendar year immediately picceeding closings mts, water and sewer 5. charges, honieowner's association dues, and interest on continuing loan(s), i fany. An,1 TI contri .h.11 1- prnâ€¢al,d to date of closing. t. MA u. p.,ul. â€ž,va..6, â€žwil-,1 - /1....â€¢un. O J..11 O Jmll not bc attportioned lodate Orr'-4-0 A ny ...rh â€¢inialin, ch.11 he irrarl;An,Al qi fnlia,95: 1 1 is Icss thifc 16. POSSESSION. Possession ofthc Property shall bed:livered to Buyer., frillnw.Â· At Closine subject to the prnvisÂ·Inng 4. 1 .11 *j.Mlrrth. ... I , f' 1 '' of the Addendum attached hereto. - '1 1 toll, If Seller, after dosing, fails to deliver possession on the date herein specified, Seller shall be subject to eviclion and shall be additionally liable 10 Buyer for payment of $ 100 . 00 per day from the date of agreed possession until possession is delivered. Buyer O does 11]does not represent thal Buyer will occupy the Property as Buyer's principal residence. 1 (qU: 17. CONDIrION OF AND DAMAGE 10 PROPERTY. Except as otherwise provided in this contract,the Property and 1nclusions shall be delivered in the -it covid,F~ closing, in an amount of not more than len percent ofthe total purchase price, Seller shall be obligated to repair the same before the date of closing. In the cvcnt such condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of 1 set damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not lill exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the ny date of possession, whichever shall bc earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size. age S I and quality. or an equivalent credit, less any insurance procceds received by Buyer covering such rcpair or replacement. - 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. 1 f any note or check received as earnest money hereunder or any other payment due - hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) d O (1) Specific Performance. d Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf Â¢ of Seller, and Seller may recover such damages as may be proper, or Seller may elect to trcal this contract as being in full force and cfrect and Seller shall have the right lo specilic performance or damages, or both. #.Â·1 4 1 1 Â· Qi m I.Iquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behal f of Seller and both parties shall thereafter be released . from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subscction (c)) ore SELLER'S SOLE AND ONLY REMEDY for Buyer's fuilure to perform the obligatiom of this contract. Seller exprcssly waives the remedies of specific performance and additional damages. (b) 11: SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments und things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and elfect and Buyer shall have the right to spccific , performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwillistanding, in the event o f any arbitrution or litigation arising out o f this contract. the arbitritor or court slial award lottie prevailing party all reasonable costs and expenses, including attorney rees. , 1/1 No. CBS!-1-94. inge 3 44 . 'I) 4 09\ Un 1 \1 p.-Il---//7-/1-9#*r#al@0.- 1 - 0 0 -adillifi .2 8 f Ii: 19, EA RNES]' MONEY DISPUTE. Notwithstanding any termination of thiscontract, Buyer and Seller agree thai in the cvcnt of any controversy regardingt the carnest moncy and things of value held by broker or closing agent, unless mutual written instructions arc received by the holder of the earnest,noncy and things of value, broker or closing agent shall not be required to lake any action bul may await any proceeding, or at broker's or closing agenl's option and sole discretion, may Intcrpicad 111 parties and dcposil any moneys or things of value into a court of competent jurisdiction nnil :full recover court costs and reasonable attorney fecs. ;0&.Â·'.i.f' 211. Al.TERNX[ IVE DISI'VI E RESOLUI 10>h MEDIA'! 10>!. irÂ·. 4-'r"*" --;rar ha~,iin-i, ilin pÂ·.r~;-r -al,i,;.i( In Ih;r .â€¢a-1,â€¢- 11,0, p,rli.â€¢r â€¢.griâ€¢n *n rilhni;t Â· the dispulÂ¢4*1*wiliatiell.Â·'El,â€¢ *Mtioo will,joilâ€¢19 appâ€¢*mt.*8 41,10,4,64,661 me,liater#EL.,411-shar* equal l, 4,wl,o,es,of.Gud; modiaw,-1 Cmodia tiol,1314)Â¥G; AJ.adÂ¢s jul. 1 .1 1 1 , " 1 , I fri 1 1 1. 11 J 1 - 21. ADDINONAL PROVISIONS: h 4 1 I ,...1 1/4... A . AS SET FORTH IN THE ADDENDUM ATTACHED HERETO *~ 1 1 r . â€¢ i' b E p.1 ' P Â·1 m 1 P1 - I U' r or :Â·Â· ' ...3~ thi I ' Tit.' C th< 22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of lille and consultation with legal and tax or rel, 4, other counsel before signing this contract. abs i 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall bc relieved of all obligations hereunder, subject to Section 19. doc ' 14. SEI.LING COMPANY BHOKER RELATIONSitlit Thr .plline hrnkpr Aspen Real Estate Company (3) : ..1 11, inlripersons have been eng.Â£â€ž1 0 Purchaser's Agent trat i 'i Selling Company has previously disclosed in writing to the Buyer thal diKerent relationships arc available which include buyer agency, seller agency, subagency, or wai T transaction-broker. 25. NOTICETO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, ifthisboxischecked O when received by Selling Company. 26. NO'1'ICETO SELLER. Any notice to Seller shall bc elrective when received by Seller or Listing Company. cont 27. MODIFICATION OF THIS CON'I'RACI'. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. is Ic 28. ENTWE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements thiy pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEFIANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their 4 signatures belot2iLLI-Â·efrecing party receives notice of such acceptance on or before Feb rtiary 2 . , 19 _24_L (Acceptance Deadline). If accepted, this dOcument shall t~ome a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed abopy thereof, su~ copies taken together shall be deemed lo bc a full and complete contract between the parties. 7 to thi 8 FTWL, <1%~ equal Bâ€¢,271}irniel J. Mhrtineau ~;Â£~ 44.- ' Buyer rovide 19 1 \ Date orthiyer'i <ignalâ€žrr .19- Dale of Bu yer'. .1 Knal,i rr copic: Seller P.04~~x 938 Bawrlt, Colorado 81621 F"y'Â·rk Ail, Ir'.9 title i i ments HUNTF.R .CREE~UA ~URE, INC. sevâ‚¬ C WA/1/ paicy i Scllc, By: L~bruce Berger< President Seller 9. i d 19 Date 01*Sell,Â·rk .ign:,li,re 19 1 11:11. aff,â€¢11,Â·r.,.ignali,re unsati q 314 Gillespie, Aspen, Colorado 81611 Seller" Aildrrâ€¢â€¢ Hmm ~ T'â€¢n â€¢â€¢â€¢â€¢'1,â€¢re;tr'.,, â€žraL.â€¢rfe) 'ir~nn"''iÂ·'11,â€¢0 r.â€¢rrit" 'J ilirÂ· f'ir.iriÂ·, mnniâ€¢, 11.Â·pn,4, pr,Â·.Â·ifiÂ·.1 In qiÂ·.Â·linn 1, ttit,1 9,Â·Iiing Company confirms its Broker Relationship as set accept ~ i forth in Section 24. (b) 'ii iurvey( 11 Selling Company Aspen Real Estate CompanY, 205 South Mill, Aspen, Colorado 81611 Name and Addrcu fLA c < d .< 1,< , 04 c./4 8..<. i, c-J 4/ j . m 94 By si...4. dhristine MeMorrils Dal UslingCompany Mason and Morse Real Estate 514 E. Hvman. Aspen. Colorado 81611 Name and Address 1 19 ByÂ· Date Siviature Robert Starodoj NO'rE: Closing Instructions should be signed at the time this contract is signed. No'. CUSI-1-94. l'age 4 of 4 ..4*2 - ' D- U,.Ffif 4 2 /% â€¢ ev '., 9Â·: p ADDENDUM TO CONTRACT 1 .**Asr,1 11 -f t Â· This is an Addendum to that certain residential Contract To Buy And LF. â‚¬1 601: t Â· - - . Sell Real Estate dated January 31, 1994 between DANIEL J. MARTINEAU and/or 61@ :.. 1-,4 4:Â· 1 .-1 assigns, as Purchaser in HUNTER CREEK CAPITAL VENTURE, INC., a Colorado â€¢ 214â„¢Â· 1 3.1 4 -" 7 . 4. ti: r' corporation, as Seller. In the event of any conflict or inconsistency between the j. 4 f provisions of this Addendum and the Contract provisions of this Addendum shall govern and control. , ,'1:- 44 , 1. n: Seller's Access to Property after Closing. Bruce Berger, the owner of all the outstanding shares of Seller is also the owner of property ("314 West Gillespie") i .1 <, located adjacent and easterly to 330 West Gillespie. Berger is in the process of completing construction of a new house on 314 West Gillespie. Until April 15, 1994 Berger shall have access to and use of the 330 West Gjllespie Property in the course of the construction on 314 West Gillespie, provided however that no such right of access and use shall prevent, restrict or limit in any way, Purchaser's access to 330 West Gillespie, or Purchaser's demolition of existing improvements and construction of new improvements thereon. Purchaser shall have access to 330 West Gillespie for the purpose of measuring, inspecting and otherwise planning for Purchaser's renovation of the improvements thereon. 2. Seller's Plantings. Berger has temporarily transplanted portions of the ~ * *i.*.1 garden (the "Plantings") from 314 West Gillespie to 330 West Gillespie. The Plantings are located northerly of the shed on 330 West Gillespie. Seller agrees that Berger may continue to maintain the Plantings in their present locations until June 15, 1994 and until that date Berger shall have access to 330 West Gillespie for purposes of maintenance and i removal thereof. Seller agrees that it will not disturb any of the Plantings and in the event of any demolition of the shed prior to June 15, 1994, Purchaser will take all r a necessary precautions to protect the Plantings. Purchaser agrees that, in the event of any demolition of the shed prior to June 15, 1994, Purchaser shall give Seller not less than c three (3) days' prior notice thereof. Except as specifically set forth above, Purchaser tr I shall have no responsibility or liability in respect of the Plantings. :, W j . 1~ 3 4 26~r,Irrit -trÂ·,- . 1 3. Declaration of Restrictions. On or prior to closing Seller may execute and cause to be recorded in the real estate records affecting 330 West Gillespie the - Declaration of Restrictions (the "Restrictions") attached hereto as Exhibit "A". Purchaser ts th waives any objections to title by reason of the Restrictions and agrees to accept a 4 conveyance of 330 West Gillespie subject to said Restrictions. Article 4 of the Restrictions will be completed prior to closing to reflect the actual length of the fence - portion to be placed on the common property line which portion is shown on Exhibit "B". to 1 4. Fence Encroachment. Reference is made to an existing wood fence which em encroaches into 330 West Gillespie from 314 West Gillespie. A portion of this fence as rovidr shown on the Plan attached hereto as Exhibit "B" will, on or before May 15, 1994 (or cop Sell i as soon thereafter as seasonal conditions permit) be rebuilt or relocated by Seller on the tit k common property line. The remaining portions of the fence shall continue to encroach met i into 330 West Gillespie as shown on said Plan and as set forth in Article IV of the se, 1 Restrictions. 5. Tree Removal Permit. Reference is made to that certain Tree Removal uns '~1 Permit (the "Permit") between Seller and the City of Aspen regarding the replanting of day' . f Aspen trees, a copy of which is attached hereto as Exhibit "C". In satisfaction of the com - f acce i Permit, Purchaser agrees on or before June 15, 1995 to plant three (3) four (4") inch Aspen trees on the north end of 330 West Gillespie and Seller agrees at its expense to suri 11 plant two (2) four (4") Aspen trees off site on the City Golf Course. Seller agrees to pay I ji No.' for the cost of the Plantings on the.north end of 330 West Gillespie not to exceed $600.00. Payment will be made by Seller after healthy nursery trees are timely planted 1 Â·1 and invoices are submitted. 6. Seller's Personal Property. Other than built-in kitchen appliances and a wood-burning stove, all furniture, furnishings, and other personal property in the main (,01 home and shed located on 330 West Gillespie is excluded from this sale, shall remain the ~ / - 1 property of Seller and shall be removed on or prior to closing. 1%./ 1 '41 1 1:. '41 1 4 7, 1-, Bight to Cure. If Scller rcceives from Purchaser notice ofunmerchantability 4; ~ ~ . of title or any other unsatisfactory title dondition as provided in subsections 9(a) or 9(b) 3 4 'Â»la-e: Â·n.~ 1 4 of the Contract, Seller may either use reasonable efforts to correct such conditions prior .='frÂ·'3 ".43*" " 1 .1 74 0 1 8, I 1 to closing, or Seller may elect not to cure. Should Seller elect not to cure, Seller shall ..... ?9 . OF! bâ€ž,1 1 give Purchaser written notice thereof whereupon this Contract shall terminate. & . ; 1 1,1.- : 1 1 1 Notwithstanding the preceeding Seller shall be responsible on or before closing to clear, =.42-7- r , pay-off or otherwise discharge any liens or encumbrances against the Property (other than 1 1 the Restrictions) caused by Seller. 1 "-3 h. 1 'lsr.Â£ Â·: . 1 8. ~ Radon. The existence of radon gas is know to occur in the Aspen/Pitkin County area. Purchaser may make its own investigations of the property regarding the presence of radon but Seller shall have no responsibility as to whether or not radon may I , be present. n C 9. Earnest Money. Any and all monies paid by Purchaser prior to closing shall be placed in an insured, interest bearing money market type account with a local 1 pl p, Aspen bank with all interest thereon to accrue for the benefit of Purchaser. If, for any reason, this Contract is terminated, the Earnest Money shall be delivered to the party mi entitled thereto within three (3) business days'. pn 10. FIRPTA Reporting and Colorado Withholding Requirements. Seller represents it is not a foreign corporation as such term is defined n Section 1445 of the , ort Internal Revenue Code as amended and regulations issued thereunder. Seller's taxpayer 1 identification number is 84-1'20-5183. Purchaser certifies that Purchaser's taxpayer the, :J. e. then identification number, social security number or employer identification number, as the case may be, is 227-64-4335. The parties hereto understand that this information, relea absol together with any other information relating to the transactions herein described, may be docu~ disclosed to the Internal Revenue Service by either of the parties hereto or by the title (3) ar company in compliance with reporting requirements imposed by law. At closing, Seller trans; shall deliver to Purchaser a Non-Foreign Affidavit containing such information as shall waive be required by Internal Revenue Code Section 1445(b) (2) and the regulations issued 5. Th thereunder. Seller shall also comply with Colorado Revised Statutes 39-22-604.5 contra, regarding the withholding of an amount equal to two percent (2 %) of the sales price or the net proceeds resulting from such conveyance, whichever is less, when the transferor is lesy is a non-resident of the State of Colorado. thi,4oj 4- 6. ( 11. Real Estate Transfer Tax. Seller has disclosed to Purchaser that under applicable provisions of the Municipal Code of the City of Aspen, there is payable by 7. 14 Purchaser, at closing, a real estate transfer tax equal to: (i) one-half of one percent (.5%) to the b< 8. E of the purchase price, and (ii) one percent (1 %) of the purchase price in excess of the equalto first $100,000.00. ,ide- Copies or 12. Compensation to Buver Broker. Seller and Purchaser agree to allow the Seller's ex listing broker to pay a cooperating commission to the selling broker, Aspen Real Estate title insur ments). R Company, as a Buyer Broker in this transaction. This is the sole compensation to Aspen seve-91 Real Estate Company in this transaction. policy dcli 9. Til (,) lili 13. Forfeiture of Earnest Money. In the event of forfeiture of any earnest unsalisfact money by Purchaser, all sums forfeited shall be the sole property of Seller. No days aAer commission shall be paid to any broker unless and until there shall be a Closing on this commitmel Contract. accepts the (b) Al./i survey(s) in 14. Time Periods. If any time period referred to in this Contract shall end on a Saturday, Sunday or legal holiday, such time period shall automatically be extended to the first regular business day thereafter. ! 15. Counterparts and Telecopy Execution. This Contract may be executed in counterparts and, as executed, shall constitute one agreement binding on all of the parties 4-1 -2- 1 I V hereto nolwillistanding that all said parties are not signatory to the original or same , counterpart. A facsimile, telecopy or other reproduction of this Contract may be 7.- Â· 11 0 executed by the parties and shall be considered valid, binding and effective for all "n" 1 '1 I purposes. At the request of eillier party, the parties agree to execute an original of this i i' 4 2 ---.Ill Contract as well as any facsimile, telecopy or other reproduction. f~ to.':'rx %4Â· I c. t , 44,~. I M.....11 4, 16. Notices. No notice to Seller shall be effective unless a copy is given to - 13.3 ~ 41, V Seller's attorney, Ronald Garfield, Garfield & Hecht, P.C. 601 E. Hyman, Aspen, i Colorado 81611, Facsimile (303) 925-3008. Notice to Seller's attorney may be given by hand delivery, first class mail, postage prepaid or facsimile. 1 i fvy Â·Â·Â· 4 17. Survey. Purchaser acknowledges receipt of an Improvement Survey for 330 . 5 1 f West Gillespie dated June 29, 1992 prepared by Survey Engineers, Inc. 1 IN WITNESS whereof the parties have signed this Addendum PURCI~8~ SELLER: HUNTER CREEK CAPITAL 11 i n id- VENTURE, INC. a Colorado PLPAJC J I, Â·>461( Baniel J. Martineau corporation By: g~-â‚¬>C_n Bruce Berger, President 1 1. c:\ron\licvi\berger. add 3 1/20/94 kl 4 1.1.. . i , I i '.il' f ...\ \ I. ./& I ./ .#j ' .Â£-â€¢ e.,t i i 51:Â· 'c., m Â£ -3- .l~ W-- t ' . l Recorded at o'clock M. I ;ti; 0 ,Â·l .1.0 tirta~jÂ·. Reception Recorder -,;.'44,0 - 1 ,?'f Â· 08.1 ./*4 hp. t .: j 1 1 RECORDING REQUESTED BY: 14 4 Gj ~ WHEN RECORDED RETURN TO: 95 1 -, .61 Ronald Garfield, Esq. Garfield & Hecht, P.C. +1 601 East Hyman Avenue - 1 1 1 Aspen, Colorado 81611 DECLARATION OF RESTRICTIONS LOT 2. TURLEY SUBDIVISION This Declaration of Restrictions (the "Declaration") is executed this day of , 1994 by HUNTER CREEK CAPITAL VENTURE, INC., a Colorado corporation ("Declarant"). RECITALS A. Declarant is the owner of the following described property (the "Servient Estate") to wit: Lot 2, TURLEY SUBDIVISION, according to the recorded Plat thereof, recorded in the real estate records of Pitkin County, Colorado on May 16, 1984 in Plat Book 16 at Page 5 as Reception No. 259956. COUNTY OF PITKIN, STATE OF COLORADO. B. Bruce Berger ("Berger"), the owner of all the outstanding shares of Declarant, is also the owner of real property (the "Dominant Estate") located adjacent and easterly to the Servient Estate described as follows: The "Westerly Tract" as set out on the Subdivision Exception Map of the C.F. Murphy Associates, Inc. property in Hallam Addition, Aspen, Colorado, recorded October 31, 1980 in Plat Book 10 at Page 56 as Reception No. 228393. COUNTY OF PITKIN, STATE OF COLORADO. C. Declarant, for the benefit of the Dominant Estate, desires by this instrument to submit the Servient Estate to the terms, restrictions and conditions hereinafter set forth and intends that any present or future owners, and any trust deed beneficiary, mortgagee j ft ~ 42[*55512*Zr ill - T . 9 05(oevp~-----ab-----' 1 /04' C. . \ C G:b ike , I 11 \ 3- / vol 4 I -# I . I - 1 ING"M 1'47 c. 24- r l\. k â€¢CZ.-2 Â·v- 59Â·00 V 4 . ft.1 4 3 W , r'ELD, #AVVE5 2'-d' C.~DRON J i rÂ· , f. PA Â§ 2Â£7'0.-COTTONK/noD 24'C. Â·'I IICI "6'' am Â® Mt,zer - and any other persons or entities acquiring an interest therein shall be subject to the terms, restrictions and conditions hereinafter set forth. .% WITNESSETH , ARTICLE I Declaration of Covenants To further the purposes herein expressed Declarant, for itself, its successors and assigns, hereby declares that the Servient Estate shall at all times be owned, held, occupied, used and conveyed subject to the terms, restrictions and conditions contained in this instrument, which terms, restrictions and conditions shall inure to the benefit of and be enforceable by Berger and any subsequent owner of the Dominant Estate. ARTICLE II Use and Occupancy Restrictions Any use or occupancy of the Servient Estate shall, at all times, be subject to the following restrictions and conditions: 2.1 Satellite dishes and outdoor radio or television antenna shall be - prohibited. 2.2 Except during periods of construction activity, no signs other than for address purposes shall be placed or maintained on the Servient Estate. Notwithstanding the preceding, one (1) "For Sale" or one (1) "For Rent" sign shall be permitted. 2.3 Tents or other temporary structures shall be prohibited. This prohibition shall not apply to temporary tents erected for social functions such as parties. 're / i~ '1%Â·.;*,2Â¢*; 1/'1~ f t.... . 2.4 No livestock, or fowl of any .kind shall be raised, bred, or kept anywhere on the Servient Estate. GUB? cÂ· ' 2.5 No motorhomes, trailers, trucks or construction equipment shall be kept anywhere on the Servient Estate. Trucks for personal use not to exceed half-ton size or trucks or construction equipment temporarily on the Servient Estate incident to any construction activity thereon shall be permitted. 2.6 There shall be no storing or accumulation of construction materials, debris, abandoned vehicles or trash. Notwithstanding the preceding, temporary accumulations of construction materials and debris shall be allowed in connection with 2 L- 1 4*0;*29 10:7 111.. l'.4. c, -- 492*IK , .00 . 1/ 4 - 1 /i 0 0 C G:n 1 -%Â·i C 3- ' I j.lijtl--- T F.J/>f 1 0 / IPO Â·2 ' /4' c.4:f- O .1 fiNG"m V O 11. 1 | Â· b,..1 4 3 , ,Â· rIELd*iPGRE 0 6 14'0.-Co TR)Nwt)00 . K.* c. 2* C.1~r(x:,M73 18 m 8 m =/: #' 1 any remodel or renovation of the house. Trash arising from ordinary residential use and maintained in sanitary receptacles shall be permitted, provided there shall be regular trash removal service. 2.7 Only non-rellecting roof and slding materials may he used in any construction on the Servient Estate or iii any remodel, restoration or replacement thereof. 2.8 No "share house"or "rooming house"type arrangements (i.e. renting 'f-.t. of rooms) shall be permilled. Further, no leasing of less than the entire residence shall be permitted. Notwithstanding the preceeding, the owner of the Servient Estate may ' separately lease a rental unit which is to be part of a garage building lo he construcled .ik.If,<:AG .-' 41'.4 i i.~ .'Â·i-,~.Â·I Â· I~ on the northeast corner of the Servient Estate. .:13':....04.: D. 4 :,14)2 , , ARTICLE III Maintenance and Repair The owner of the Servient Estate shall be responsible to regularly maintain and keep the house and any other structures on the Servient Estate in good repair. This covenant shall include an obligation to completely repaint tile exterior of the house within twenty-four (24) months from the date hereof; provided however, nothing herein shall be construed to limit Collier than the restrictions set forth in Article H above) the absolule right of the owner of the Servient Estate to remodel or redevelop the Servient Estate. ARTICLE IV Partial Fence Encroachment Reference is made to an existing wood fence installed by the owner (or his predecessors) of the Dominant Estate which fence encroaches into the Servient Estate along the easterly boundary thereof as shown on that certain Improvement Survey (the "Survey") for the Servient Estate dated June 29, 1992 prepared by Aspen Survey Engineers, Inc. (Job No. 13319) and recorded in Plat Book at Page of the real estate records of Pitkin County, Colorado. There is hereby created for the benefit of the Dominant Estate a permanent and perpetual easement into the Servient Estate for the maintenance, repair and replacement of said fence as shown on the Survey excepting a 32- foot portion of the fence beginning thirty (30') feet south of the north property line of the Servient Estate and the right on the part of the owner of the Dominant Estate to the exclusive use and enjoyment of that portion of the surface and airspace above of the Servient Estate located easterly of those portions of the fence for which an encroachment is herein granted. That portion of the fence encroachment commencing at the north property line of the Servient Estate and continuing south thirty (30') feet shall have its "front" facing the Dominant Estate. The remaining fence shall 3 1 - c xglimerÂ· lk.' 1 J HI I 1'.4. c. /27;?BEr o -5-,----, ----1.. 0 L '1.2 V 1,Ff-\ 1-1\ \ a. /11 103,2 7~. k /4' C,~*231 ~ .- 59Â·00 v v iX Fieq . 0 Awa Â§ 2(7'6. - COTIONK/CUD 24'C. 1 C Ibm IFA . "front" the Scrvient Estate. All the fence, whether or not encroaching, shall be maintained by the owner of the Dominant Estate. ARTICLE V Set Back There hereby established a side-yard set back along the easterly boundary of the Servient Estate. Commencing at the north property line of the Servient Estate and continuing south thirty (30') feet the set back shall be five (5') feet in width. Commencing thirty (30') feet south of the north property line of the Servient Estate, the set back shall be ten (10') feet in width and shall extend to the south property line of the 2 Servient Estate. No structures temporary or permanent may be constructed or maintained within said set back other than an existing tool shed as shown on the Survey, the fence described as Article IV above and any repairs or replacements thereof. ARTICLE VI Enforcement Berger or any other owner of the Dominant Estate shall have the right and power to bring suit for legal or equitable relief (including prohibitive or mandatory injunction) or for damages or both for any lack of compliance with any terms, provisions or conditions of this Declaration. No failure on the part of Berger or any other owner of the Dominant Estate to insist upon the strict or prompt compliance or performance with any of the terms, restrictions or conditions hereof or to exercise any right or remedy available or to serve any notice or to institute any action shall be considered a waiver or relinquishment of any future or continuing breach of any of the terms, restrictions or conditions hereof. If any court proceedings are instituted in connection with obtaining compliance with or enforcing any rights or remedies as provided in this Declaration, Berger or the then owner of the Dominant Estate shall also be entitled to recover its costs and expenses, including reasonable attorney fees incurred. ARTICLE VII Miscellaneous 7.1 The interpretation and enforcement or any other matters relative to this Declaration shall construed and determined in accordance with the laws of the State of Colorado. 7.2 Each provision contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in the Servient Estate is granted, devised or conveyed, whether or not set forth or referred to Â· 4 I 9 .d .i TOMCH ~ < ~ , ~ A ' 66 . t'.4' C, . 5 8/<72 j -\0. tÂ· [iNG7, â€¢ ..' 53Â·00 V O 1~1 j Iti~ 14.6.- Cil'UNH/t,10 24'C. , rIELDâ€¢ If:.\WES 2'-4 ' C. MEUORD'/f rÂ°3', M A M \PA *2. in such deed or other instrument. 7.3 Any determination by any court.of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is alleged to be or declared by a court of competent jurisdiction to be invalid or unenforceable, Berger or the then owner of the Dominant Estate shall have the right 4.1:44 ~ c by unilateral amendment to this Declaration to replace such provision with a new provision, as similar thereto as practicable, but whicli iIi the reasonable opinion of Berger .310 . or the then owner of the Dominant Estate would not be considered invalid or .&,2.. unenforceable. Â· 7.4 Except as allowed in Paragraph 6.3 above, this Declaration may not be amended or modified except by a written instrument duly recorded and executed by both the owner of the Dominant Estate and the Servient Estate. Nothwithstanding the preceding and without any obligation to do so, Berger or the then owner of the Dominant Estate may, by written instrument, duly recorded, waive or release, in whole or in part, e any of the terms, restrictions or conditions set forth in this Declaration. -4- Â· I. AM*t 7.5 If any of the terms, restrictions or conditions created by this instrument shall be unlawful or void for violation of (D the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only - for the period of the life of Berger his now living descendants, and the survivor of them, plus twenty-one (21) years. 7.6 Each owner of the Servient Estate and his or her family and guests and the heirs, successors or assigns of said owner and any other persons using or occupying the Servient Estate, shall be bound by and shall strictly comply with all the terms, restrictions and conditions of this Declaration. 7.7 Declarant, for itself, its successors and assigns, hereby declares that all the terms, restrictions and conditions hereof shall run with the land and be binding 5 1- - ~ --Â»fit-ffat 7 -111 . /(4. C. 9 99?5â‚¬drriV<J ---18----J . .l 1 % 16 ic M ..1 11 -I- 0 /1 1 I \ _1_ ~ too.2 IN- k . ,\4 5 .... /4, c. 112*G--%~ k ,- 59.00 -. 1 4 4 3 Â§ 24'0.- CO tiONWOOD 24'C. 1/Â·': 1 2'-G' C BEUPRO' /f \503.1 13 m me Â® f \PA . . upon all persons who hereafter become the owner of the Servient Estate or any interest therein. IN WITNESS WIIEREOF, the undersigned Declarant has executed this Declaration of Restrictions the day and year first written above. DECLARANT: HUNTERCREEKCAPITALVENTURE, INC., a Colorado corporation By: President 6 ~ .~192 28*try Hill. i }'-4' c. . ...1 '13 \ r -- i- 1 0 / 100.2 . 1 ?iGZ #, 59Â·00 V O , rIELDâ€¢ L f\WE; Â§ 24'6.- CotioNW~00 2LCC. a IR m m 00 13* . ;61~. or 1>LAKIMG ' 383*51'51'E RECORDâ€¢ 565'5'2' r 117, -:1:imt :,.,.-c. ~,-~-El-CRTINTLINK ,..:, of shed to north property I.Â· 1 , 43 , 1 57Â·67 Plant otorage area width 4%24. . 945 97,6 . ' ..... 91 lilli z " '0 ~~olld existing wood fence ~ to remain as le. = -: . " ~__L *WES LY TRACI 3 : 6899,8 MlÂ· FEIT . , Â· 0 A '. CK YIURPHf.DUe,DIV|DION EXCErTIÂ· 41 (Rim_ ... .3,1 \ i ~ ~ vj:CD' 1 -1 - 1, DIA N'Â· % 01 91.7 \ 337 53.6 991 :11- ~ i k::.// jÂ·, C K % 1- . 4 WJ' A. 1 1/04,1 Â· 85511 .391.- Rebuild and/or relocate ' existing picket fence to <,- property line. 395 bKICk rATIO . rolot 11 1 0 ' ' __L I -:3/ 11- 4, 5,6, --96-JJ 2.2. .. Xe .ASTENS , ..4, 1- . n \ 40 3'.0 5' 0,1 , -- 4Â£ Existing picket fence to '4 remain. 11 m , , 1 1-237.111,3Â¢%*ff'< - c-rMI////l/kuk C{---a o.Lj....~tze~* 2%+ . 3 1 1% L X X- 4- v_59.00 V 4 1 14' c. 'AG 5 Nyi) 0 , ribid nKE 2'-6' C. 1( ~ 2Â£7'6.-COTTONK/tUO 24'C, d a 11 Â® f \FA .. Commitment for Title Insurance Issued By # New York TRW Title Insurance Inc. New York TRW Title Insurance Inc., a New York Corporation, herein called the company, for a valuable con- sideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof 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. IN WITNESS WHEREOF, New York TRW Title Insurance Inc. has caused this Commitment to be signed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Attest: New York TRW Title Insurance Inc. 0. 1Ud,Uk/ 34+ PRESIDENT ATTEST SECRETARY . f. counter~i~M Al ~ By ._ _ R'\ Author/zed OtÂ¥.4, or Alent 1220 ALTA Commitment Form NM6 (10/85) - I- COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: 01/03/94 at 08:30 A.M. Case No. PCT-7637C2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-Form B-1970 Amount$ 630,000.00 (Rev. 10/90) 2Â·. Premium$ 748.75 Proposed Insured: DANIEL J. MARTINEAU (b) ALTA Loan Policy, Amount$ (Rev. 10-90) Premium$ Proposed Insured: Tax Certificate $20.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: HUNTER CREEK CAPITAL VENTURE, INC., A COLORADO CORPORATION 4. The land referred to in this Commitment is described as follows: LOT 2, TURLEY SUBDIVISION, according to the Plat thereof recorded in the Real Estate records of Pitkin County, Colorado on May 16, 1984 in Plat Book 16 at Page 5 as Reception No. 259956. COUNTY OF PITKIN, STATE OF COLORADO.z 1 : . I /-Â· EP, 7.,Â·1 I. ' 4 4 U , Countersigned at: PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS This Commitment is invalid ASPEN, CO. 81611 unless the Insuring 303-925-1766 Provisions and Schedules Fax 303-925-6527 A and B are attached. 0 .-I 'Â·' 7 'I' i'} I P lu.Â·1 ''FC Â· Â·Â· Â·h. I . SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. Release by the Public Trustee of the, . I ..i 1 Deed of Trust from : Hunter Creek Capital Venture, Inc., a Colorado Corpora to the Public Trustee of the County of PITKIN for the use of : Pitkin County Bank & Trust Company ~ to secure : $515,000.00 dated : June 30, 1992 recorded : July 1, 1992 in Book 682 at Page 188 reception no. : 346295 2. Release by the Public Trustee of the, Deed of Trust from : Hunter Creek Capital Venture, Inc., a Colorado Corpora to the Public Trustee of the County of PITKIN for the use of : Pitkin County Bank & Trust Company to secure : $100,000.00 dated : July 29, 1992 recorded : August 7, 1992 in Book 685 at Page 733 r.Â·Â·'Sed": reception no. 7 : 347549 3. Deed, executed by the President or Vice President or other designee authorized by the Board of Directors of Hunter Creek Capital Venture, Inc. a Colorado Corporation To : Daniel J. Martineau ' 10 int. NOTE: Corporate Seal or Facsimilie should be affixed. , : 7 7.1 0 4. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 5. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 6. EvidenceÂ·satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) 7. Completion of Form DR 1079 regarding the witholding of Colorado Tax , on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) -7 -1 .-Ill- , - --- 9 - --- 7Â»Â»4*#%~ 0 0 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 21 0 1 1 ' ' vhy, 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, enchroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Right of the proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded in Book 55 at Page 2. 8. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision Process recorded May 17, 1984 in Book 466 at Page 469. 9. 1 i ...54% ....02-14.y.UnÂ¥ 'tlfCÂ·~'Â·?- 9. Terms, conditions, -provisions,T obligations: and all matters as set forth in Declaration of Covenants, Restrictions and Conditions, 1:-Lip,Â· recorded May 17, 1984 in Book 466 at Page 472 and in Book 473 at Â» Page 451. ' I:. & I,; f., ...7.1 . '. 7 1- ..JU :.f 91-14 10. Easements; *rights of way and al f matters as disclosed on Plat of subject property recorded May 16, 1984 in Plat Book 16 at Page 5. This commitment is invalid unless Schedule B-Section 2 . the Insuring Provisions and Schedules Commitment No. PCT-7637C2 A and B are attached. 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Flue crl, r KrriBEH 4 pIN I #4 "1 p N O f *T ke EL OVAÂ· TION 4,11= 1 1.-~ .. _ . --W.-I-I-- ~ -1 Ill-$*11*- - - - 111 11Â· lili -- _ t_1_=_.1 ---i -- -7. 15*% 1 1 11 17 kb C TA 112 14 5 2 L * Co U Cr , ) -25 E 6 T- 1 0 N, -1314.g l! 40 l.1 rr- 4- AlÂ·nk,00 M 5 J OP KITCHEN Â¢- tlÂ»Terâ‚¬ pEP EM - --NOICTI-1 ELEVATION OF LIVIk14 OOM .. ~1127---1.---1.X 441 -1 /1 \\ re --- 211> . /5,5~ , --trrh'-It/ 11 ~ . -i -1.1-11 / - *X. 11 /34$0- --. 1 -===:=a==-"M 1 , 1 42 44 4'111/1 :101.1 i ilt i.k i. â€¢ 11%:ilitx. 4- 1~1 7 - vt / 11 4 . ' i-9 -1. 1 -*~rmEEE- .-. - -1.1 _L_._. ....-....I - f * 1Mll =E.C-O-~trpET- -- t h .1.-1-1 L_f /1 5 5 CTI 044 -T-Hg LI OTAIL AOL Â¢ courr I DOW-TW ELEVATIO-k[ -OF:; KITC.HEN Â¢- flÂ»TE< PEP EM .. f>CJ Historic Preservation Committee 49 9 Minutes of March 9, 1994 Jake: Everything else has no panes. Donnelley: I cannot support this at this stage because I do not know enough about it. Joe: Give us a detailed drawing and justification why it works. MOTION: Joe made the motion to table the application for the direction that the applicant restudy the second floor to retain the existing opening and to eliminate the balcony and potentially eliminating the railing. That the applicant simplify the door treatment on the first floor; second by Donnelley. All in favor, motion carries. 330 GILLESPIE STREET - PARTIAL DEMOLITION Roger: For the public our job is to preserve the landmark and not change it. We are trying to be proactive. Amy: HPC made a site visit to this property in January and the building has been vacant for a couple of years and is in somewhat deteriorating condition. The applicant is proposing to demolish the back wing of the building which is not original and build a new addition. They are also asking to change the existing pitched f roof on the garage which is a contributing structure into a gabled roof. I have recommended approval of the demolition on the historic structure but not to approve the demolition of the roof on the garage because I feel it would make a significant change in the character of the structure. Scott Lindenau, architect: We will leave the garage as is and will restore the roof to its original quality. Amy: We are reviewing this as to whether it impacts the character of the building, the demolition. We are not here to discuss the size of the windows on the addition. This building is on the inventory and not a landmark. We are looking at whether the partial demolition is appropriate. Scott: The back of the building has been added onto and is non- functional and we propose taking that off. We propose to keep the existing house, porch and adding a rear addition with a courtyard bringing light into the interior. The large trees make it dark. We will keep the old garage. We are keeping it consistent with the neighborhood of the west end. The house is 2,200 square feet and when completed it will be 2,900. We are allowed 3,400. CLARIFICATIONS 11 .. r- Historic Preservation Committee Minutes of March 9, 1994 Jake: Will you tell us about the piece of roof. Scott: Right now we are keeping that section so that we don't go over the 50% demolition problem and the only thing we will be doing is lowering the floor of the interior to nine feet to get the upper level workable. The plate in the second floor is only three feet nine. Amy: From the maps there was an original gable off the back and then a one story wing. Roger: We are either approving or not approving a partial demolition. Amy: We can make comments but we have no review authority. But we do have some control for example they are adding a gable and chimney and there will be some demolition and if the Board thought that inappropriate you could say no don't demolish that part of the roof. That is how you can direct what would be an appropriate addition to the house. Joe: I thought approving a partial demolition included review of a redevelopment plan. Amy: Demolition requires a redevelopment plan and so does relocation. If partial demolition was more than 50% then we would review redevelopment. Roger: Historically was there a gable that came out to the east side? Amy: No, but right now there is a gable. COMMISSIONER COMMENTS Karen: Dropping the floor on the second story is appropriate. Donnelley: This is a wonderful design and the addition to the east is quite defendable and the detailing has been so conscientious to create a fabric that you cannot tell where the old and new are. You can do that because we have no purview over it. It would be kind of fun to get some twist to give people an indication that you have done a rather extensive addition to an historic structure. The entire fabric is integrated so well that you have a hard time indicating between the old and new. On the garage roof form I am in favor it being remaining as is. Roger: For reference new additions should be distinct so that you can tell the older building from new building and that the new 12 .. ( ~ b~ Historic Preservation Committee Minutes of March 9, 1994 addition does not over power the existing structure and in so doing that we will be asking that people step the addition back connected by a hallway or breaking it up into two smaller buildings rather than one large mass. On the east side you have the historical building and you have created a courtyard which is much more appealing instead of having a long plane wall. Jake: Yes, our goals are to preserve the historic structure and hyphenate into the new addition. Then you preserve the integrity. MOTION: Roger made the motion to approve the partial demolition as requested for 330 Gillespie Street with the understanding that the roof on the outbuilding will remain as is; second by Donnelley. Joe: I have been through this house and it is really in bad shape and I would like to see a condition relatively strict in preserving the historic house and reusing all of the materials that are there, i.e. lattice work. Amy: I have a new condition of approval that we could incorporate in this project. The paint contractor for this project came in and visited me and wanted information on how to do the project right and I felt that was terrific. On this project and future projects the monitor could meet onsite with the contractors and discuss specifically how to preserve the wood, windows etc. Joe: In the past we have had projects where the siding has been torn off and they end up replacing it. Roger: The shutters are not original and the porch is not original and the siding is not original. There is very little on the house that is original expect perhaps the windows. AMENDED MOTION: Roger amended his motion to include all historic parts to be retained and if there are questions it should be dealt with Staff and monitor; second by Donnelley. All in favor of the motion and amended motion; motion carries unaminously. RESOLUTION 1, 1994 - GUIDELINES Joe: We have a resolution adopting our development guidelines for roof top equipment. MOTION: Donnelley made the motion that HPC approve Resolution 1, 1994; second by Karen. All in favor, motion carries. Jake: As a requirement for an application I would like to see that there be a roof plan submitted showing roof top equipment. 13