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HomeMy WebLinkAboutLand Use Case.306 S Garmisch St.0024.2007.ASLU a~ Fib cJ c~ 'o 0 8 n E6t Record Navigate Form Repor[s Format Tab Help /X x PI -~ !~ i. 6.j J 1 ~' F9 J V W '_'I ~ lp Jana 1~.~ A al xl ~ a ~ ~ ~ __ Main ~ Custom Fields Fees Ac6ora: Panels __. _. Routing Status Fee Summary Routing J:{istory Attachments Perm@ Type aslu span Lard Use Permit b 29.2007.ASLU Address 65 GARM]SH J Apt/Suie~- City ASPEN Slate CO Zjp 81611 J Perm'tldamaUOn MasRf Permit-~ Rod'ng Dueue aslu07 Appkd 04113/20117 J Prayed J Slalus pending APProved ~J De:uptian INSIGNIFICANT AMENDMENT TO SUBDIVISIONAGREEMENT-GARMISCH Issuedr-J CONDOMINIUM SUBDIVISION Foal ~J Submitted LEONARD OATES-920-1700 Clock Running Days 10 Expves D9f17f2008 J Owner Last Name 306 5 GARMISCH LLC J First Name --- 617 W MAIN Phone (970)925-5990 ASPEN 0081611 r Owner is Appfcant? Appicad Last Name 306 5 GARMISCH LLC J Poll Name ~- 617 W MAIN Phoro [970j 925-5990 Cust p 27645 ~ SPEN CO 81611 Lerida Last Name ~--- J Frst Name Phone r-- _. ___________.___.. _____ i :Mar tlu master permit number AysenGoldybl Record: 4 d 20 LEONARD M. GATES RIC HARD A KNEZEVICH TED O. GARDENSWARTZ DAVID B. KELLY MARIA MORROW OE COUNSEL. JOHNT KELLY STEPHEN ft.CONNOR ANNE MARIE MCPHEE Via e-mail and hand-deliver Jason Lasser City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 May 15, 2007 Cindy Christensen City of Aspen Housing Authority 530 E. Main Street Aspen, CO 81611 Re: Application for Insignificant Amendment to Subdivision Agreement Dear Cindy and Jason, TELEPHONE~9Z0)920~1]00 FACSIMILE (9I0) 9201121 amm@okglaw.com Due to a change in plans, our clients have requested we withdraw the Application for Insignificant Amendment to Subdivision Agreement for the 306 S. Garmisch Condominiums. Would you please remove this matter from the agenda of May 16, 2007 Housing Authority Board meeting and notify your departments that the application is withdrawn? Thank you for your help with this matter. Please let me know if you have any questions or need anything further. Sir-cerely, LAW OFFICES Of GATES, KNEZEVICH, GARDENSWARTZ Hv KELLY, P.C. PROF ESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E HOPKINS AVENUE ASPEN.COLORAD0. 81611 GATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. Bye ~ i~~~~~~ Anne Marie McPhee AMM/ cc: John Provine ,.,, ATTACHMENT 2 -LAND USE APPLICA1TdN APPLICANT: 306 S. Garmisch, LL; Starwood Investors, LLC; Outside Aspen, LLC; SH 306 S. Garmisch, LL Name: and The Hecht Children's Trust U T A December 28 2004 LOCat1On: 306 S. Garmisch, Aspen, CO 81611 Indicate street address, lot & block number, le al descri tion where a ro riate Pareel ID # RE UIRED 2 73 512 4 7103 8 and 2 73 5124 7103 9 Name: Leonard M. Oates and Anne Marie McPhee Address: Oates, Knezevich, Gardenswartz & Kelly, 533 E. Hopkins Avenue, 3rd Floor, Aspen, CO 81611 Phone #: 97a-9zo-17o0 Name: 306 S. Garmisch Condominium Subdivision AddieSS: 306 S. Garmisch, Aspen, CO 81611 Phone #: 970-920-1700 TYPE OF APPLICATION: (please check all that annlvl• ^ Conditional Use ; ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment Insignificant Amendment to Subdivision Agreement EXISTING CONDITIONS: descri tion of existin buildin s, uses, revious a royals, etc. The condominiums are under construction. The Current Subdivision Agreement requires the Affordable Housing Unites to be owned by the Condominium Association. PROPOSAL: (description of proposed buildings, uses, modifications etc.) Applicants seek an Amendment to the Subdivision Agreement to allow the Affordable Housing Unites to owned by the owners of the free market units. Have you attached the following? FEES DUE: $ 764.00 ^ Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement VO ^ Response to Attachment #3, Dimensional Requirements Form ~~ ~~~~~ ^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review;i~l~ R ~' ti~~~ ~~ All plans that are larger than 8.5" X 11" must be folded and a floppy disk with an electric copy~3~ PSP~~ ~t e written text (Microsoft Word Format) must be submitted as part of the application. G~-(`( ~~ t,~v~~~ G~~~~a ~~TAIN FOR PERliM10ENT RECORD LAW OFFICES OF GATES, KNEZEVICH, GARDENSWARTZ Sa KELLY, P.C. PROFESSIONAL CORPORATION THIRD FLOOR, ASPEN PLAZA BUILDING 533 E. HOPKINS AVENUE ASPEN,COLORAD0, 81611 LEONARDM GATES RICHARD A KNEZEVICH TED D. GARDENSWARTZ DAVID B. KELLY MARIA MORROW OF COUNSEL. JOHNT KELLY STEPHEN R.CONNOft ANNE MARIE MCPHEE Apri13, 2007 Jason Lasser City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Application for Insignificant Amendment to Subdivision Agreement Dear Jason, TELEPHONE~B]0~920-POD FACSIMILE (910) 920-1121 amm@okglaw.com Enclosed is an application packet for an insignififcant amendment to subdivision agreement for the 306 S. Garmisch Condominiums (Parcel # 273 5 1 24 1 0007). Enclosed in the packet is a memorandum discussing the amendment, check for $764.00, title commitment showing ownership of the property, letter authorizing Oates, Knezevich, Gazdenswartz & Kelly, P.C. to represent the owner in this application, 8 ''/z" x 11"vicinity map, City Council Ordinance No. 35, Subdivision Agreement, and copy of your Februazy 27, 2007 pre-application conference summazy. Two copies of the application packet are provided. Please let me know if you have any questions or need any additional materials. We look forward to working with your office on this matter. Sincerely, GATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. By G~--~ `~~.'~GCQe Anne Marie McPhee AMM/ Encl. ~'..'? ~ 3 Z~J) r°°~ ~.m~ Memo To: City of Aspen Community Development Department From: Anne Marie McPhee, Oates, Knezevich, Gardenswartz & Kelly, P.C. Date: Apri13, 2007 Re: Insubstantial Amendment to Subdivision Agreement Applicants: 306 S. Garmisch, LLC, Starwood Investors LLC, Outside Aspen LLC, SH 306 S. Garmisch LLC and The Hecht Children's Trust, u/Ua December 28, 2004 (collectively hereinafter "Applicants"). Project Location: This project is a request for an insubstantial amendment to subdivision agreement concerning two affordable housing units located at 306 S. Garmisch Street, Aspen, Colorado 81611. The legal description for the property is 306 S. Garmisch Condominiums, Lots A and B (parcel numbers 273512471038 and 273512471039, respectively). A vicinity map locating the property in the City of Aspen is included in the application packet. Ownership: The property is owned by the Applicants described above. A March 1, 2007 title commitment from Stewart Title of Colorado is attached. Project Description: Applicants seek an insubstantial amendment to the subdivision agreement with the City, dated October 11, 2005, by which the provision stating "[s]o long as the AH units are rental units, they shall be owned by the Condominium Association formed for purposes of managing and maintaining the project (the "Association")" is amended to read "T1~.A13 pnits,nwy be owrred as :deed zesbriateel rentals by ownerssvf the free market units, one each; subject, however, to all of the obligations of the deed restrictic>tt and the APCHA irtterest (heeeinafter defined)." Compliance with the City Municipal Code: This project satisfies the requirements for insubstantial amendments provided in Section 26.480.080 (A) of the City Municipal Code because the amendment will have no effect on the conditions and representations in the approved plat. There will be no physical changes and no changes in use of the AH units as rental units. All obligations of the deed restriction and the APCHA interest shall continue to apply. The only change will be the entity owning the AH rental units - a change from the Condominium Association to the two owners of the free market units that make up the Condominium Association. ~'.i'R ©~ ~ ~~7 ~... Additional materials: Other materials submitted in this application packet aze: 1. a check for $764.00 payable to the City of Aspen as deposit for review of the application; 2. title commitment from Stewart Title of Colorado disclosing ownership of the property that is the subject of the application; 3. letter from John R. Provine, manager of 306 S. Garmisch, LLC and authorized representative of Starwood Investors LLC, Outside Aspen LLC, SH 306 S. Gannisch LLC and The Hecht Children's Trust, u/t/a December 28, 2004, authorizing Leonard M. Oates and Anne Marie McPhee of Oates, Knezevich, Gazdenswaztz & Kelly, P.C. to represent the owner in this application; 4. vicinity map locating the property within the City of Aspen; 5. City Council Ordinance No. 35 (series of 2005) approving the subdivision, dated September 12, 2005; 6. Subdivision Agreement with the City of Aspen, dated October 11, 2005; and 7. copy of February 27, 2007 City of Aspen Pre-Application Conference Summary. Please let me know if there is anything further you need. We look forward to working with you on this project. • Page 2 ~` `,. . ,, .,,. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: James Lindt, 429-2763 DATE 4/8/05 PROJECT: 306 S. Garmisch REPRESENTATNE: Sunny Vann OWTYPE OF APPLICATION: Subdivision, GMQS Exemptions, Multi-family Replacement Progam Certificate of Compliance, Possible Residential Design Standazd Variances DESCRIPTION: The prospective Applicant would Tike to raze an existing four-plex and construct two free- market residential dwelling units and two (2) deed-restricted affordable housing units. In order to satisfy the multi-family replacement progam requirements, the Applicant would have to replace 50% of the number of units, 50% of the number of bedrooms, and 50% of the net residential square footage being demolished as deed-restricted affordable housing. Subdivision approval is required because the Applicant is proposing affordable housing units in amulti-family building. Staff would suggest that the Applicant could combine the review of the sepazate land use actions so that City Council would be the final review authority on all of the requests pursuant to Land Use Code Section 26.304.060(B)(1), Combined Reviews. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.070(A)(2) GMQS Exemption for replacement of demolished units 26.470.070(J) GMQS Exemption for development of AH 26.480 Subdivision 26.515 Off-street Parking 26.530 Resident Multi-family Replacement Program 26.710.090 R/MF Zone District Review by: Staff for complete application Referral agencies for technical considerations Community Development Director (final review of GMQS Exemption for reconstruction of demolished units) Planning and Zoning Commission (recommendation to City Council on Subdivision request, final review of Residential Design Standard Variances if needed) City Council (final review of Subdivision, GMQS Exemption for Affordable Housing, Certificate of Compliance with Multi-family Replacement Program) Public Hearing: Yes at P & Z, Council 2nd Reading of Ordinance Planning Fees: $2640 Deposit for 12 hours of staff time (additional staff time required is billed at $220 per hour) Referral Fees: Engineering ($365), Environmental Health ($365), Housing ($365) Total Deposit: $3,735 Total Number of Application Copies: Subdivision and associated reviews: 30 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, ... • To: City of Aspen Community Development Department From: Anne Marie McPhee, Oates, Knezevich, Gazdenswartz & Kelly, P.C. Date: Apri13, 2007 Re: Insubstantial Amendment to Subdivision Agreement Applicants: 306 S. Garmisch, LLC, Starwood Investors LLC, Outside Aspen LLC, SH 306 S. Garmisch LLC and The Hecht Children's Trust, u/t/a December 28, 2004 (collectively hereinafter "Applicants"). Project Location: This project is a request for an insubstantial amendment to subdivision agreement concerning two affordable housing units located at 306 S. Garmisch Street, Aspen, Colorado 81611. The legal description for the property is 306 S. Garmisch Condominiums, Lots A and B (parcel numbers 273512471038 and 273512471039, respectively). A vicinity map locating the property in the City of Aspen is included in the application packet. Ownership: The property is owned by the Applicants described above. A March 1, 2007 title commitment from Stewart Title of Colorado is attached. Project Description: Applicants seek an insubstantial amendment to the subdivision agreement with the City, dated October 11, 2005, by which the provision stating "[s]o long as the AH units aze rental units, they shall be owned by the Condominium Association formed for purposes of managing and maintaining the project (the "Association")" is amended to read "The AH units may be owned as deed restricted rentals by owners of the free mazket units, one each; subject, however, to all of the obligations of the deed restriction and the APCHA interest (hereinafter defined): ' Compliance with the City Municipal Code: This project satisfies the requirements for insubstantial amendments provided in Section 26.480.080 (A) of the City Municipal Code because the amendment will have no effect on the conditions and representations in the approved plat. There will be no physical changes and no changes in use of the AH units as rental units. All obligations of the deed restriction and the APCHA interest shall continue to apply. The only change will be the entity owning the AH rental units - a change from the Condominium Association to the two owners of the free market units that make up the Condominium Association. r~, Additional materials: Other materials submitted in this application packet aze: 1. a check for $764.00 payable to the City of Aspen as deposit for review of the application; 2. title commitment from Stewart Title of Colorado disclosing ownership of the property that is the subject of the application; 3. letter from John R. Provine, manager of 306 S. Garmisch, LLC and authorized representative of Starwood Investors LLC, Outside Aspen LLC, SH 306 S. Garmisch LLC and The Hecht Children's Trust, u/t/a December 28, 2004, authorizing Leonazd M. Oates and Anne Mane McPhee of Oates, Knezevich, Gazdenswartz & Kelly, P.C. to represent the owner in this application; 4. vicinity map locating the property within the City of Aspen; 5. City Council Ordinance No. 35 (series of 2005) approving the subdivision, dated September 12, 2005; 6. Subdivision Agreement with the City of Aspen, dated October 11, 2005; and 7. copy of February 27, 2007 City of Aspen Pre-Application Conference Summary. Please let me know if there is anything further you need. We look forward to working with you on this project. • Page 2 P COMMITMENT FOR TITLE INSURANCE SCHEDULE A Effective Date: March 1, 2007 at 7:30 a.m. 1. Policy or Policies To Be Issued: (X) ALTA (1992) Owner's Policy ( )Standard (X) Extended 2. Proposed Insured: David Kaplan ( )ALTA 1992 Loan Policy ( )Standard OExtended Order Number: 43156C2 Amount: Premium: $7,500,000.00 $5,951.00 Amount: Premium: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Stazwood Investors LLC, and Outside Aspen LLC, a Virginia limited liability companies and SH 306 S. Gannisch, LLC, a Colorado limited liability company, and The Hecht Children's Trust, u/t/a December 28, 2004, as to an undivided one-quarter (1/4) interest and 306 S. Garmisch, LLC, a Colorado limited liability company as to an undivided three-quarters (3/4) interest 5. The land referred to in this Commitment is described as follows. Units A and D, 306 SOUTH GARMISCH CONDOMINIUMS, according to the Condominium Map thereof recorded 2007 in Plat Book _ at Page _ as Reception No. and as defined and described by the Condominium Declazation for 306 South Gazmisch Condominiums recorded 2007 as Reception No. County of Pitkin, State of Colorado Statement of Charges: Policy premiums shown above, and any charges shown below aze due and payable before a policy can be issued. Developer's Rate Tax Certificate $ 20.00 Form 110.1 (Owners) $ 150.00 r ~.~ u. Title Examiner: Chuck Dorn E-mail: Chuck Dorn Escrow Officer: Carolyn Ethridge E-mail: Cazolyn Ethridge ,- ~. SCHEDULE B -Section 1 REQUIREMENTS Order Number: 43156C2 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. Partial Release of Deed of Trust Dated: January 5, 2006, Executed by: Stanwood Investors LLC and Outside Aspen LLC, Virginia limited liability companies and SH 306 S. Garmisch, LLC and NJH South Gannisch Street, LLC, a Colorado limited liability companies, as to an undivided one-quarter (1/4) interest and 306 S. Garmisch, LLC, a Colorado limited liability company as to an undivided three-quarters (3/4) interest t, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $7,600,000.00, in favor of: Alpine Bank, Recorded: January 6, 2006 as Reception No.: 519416. NOTE: Disburser's Notice recorded January 6, 2006 as Reception No. 519422, given in connection with the above Deed of Trust. 2. Partial Release of Deed of Trust Dated: January 5, 2006, Executed by: 306 S. Garmisch, LLC, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $959,000.00, in favor of: John R. Provine, Recorded: January 9, 2006 as Reception No.: 519472. 3. Partial Release of Deed of Trust Dated: January 5, 2006, Executed by: 306 S. Garmisch, LLC, to the Public Trustee of Pitkin County, to secure an indebtedness in the amount of: $1,919,000.00, in favor of: Ronald E. Soderling, Trustee of the Soderling Trust u/d/t February 20, 1996, ~., `.: Recorded: January 9, 2006 as Reception No.: 519473. 4. Statement of Authority for Stazwood Investors LLC and Outside Aspen LLC, Virginia limited liability companies pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and the state, country, or other governmental authority under whose laws it was Formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 5. Statement of Authority for SH 306 S. Garmisch, LLC, a Colorado limited liability company, pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and the state, country, or other governmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 6. Statement of Authority for The Hecht Children's Trust, u/t/a December 28, 2004 pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and the state, country, or other govemmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 7. Statement of Authority for 306 S. Garmisch, LLC, a Colorado limited liability company pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; ~I'w 1,. ~/ t (b) The type of entity and the state, country, or other governmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instmments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 8. Good and Sufficient Condominium Map and Condominium Declaration placed of record with the Pitkin County Clerk and Recorder. 9. Duly executed Indemnity Agreement by * indemnifying Stewart Title of Colorado-Aspen Division. against any and all loss or damage due to rights and claims of parties established by virtue of construction of improvements located on the subject property. (Form available from Stewart Title). 10. Duly executed affidavit by the chief executive officer or general partner of Iglehart Construction stating that: 1. They aze the general contractor for all improvements constructed on the subject property. 2. All construction has been completed. 3. They have been paid in full. 4. All subcontractors and/or any parties which provided lienable services or materials For said construction project have been paid. 5. A complete list of names, addresses and phone numbers of all subcontractors/suppliers are attached to the Affidavit. 11. Deed from vested owner, vesting fee simple title in purchaser(s). 12. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). ] 3. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Aspen, Inc. ~~ .~ SCHEDULE B -Section 2 EXCEPTIONS Order Number: 43 ] 56C2 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: 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, encroachments, and 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 famished, 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. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement azea. 8. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 9. Terms, conditions, obligations and restrictions as set forth in Statement Of Exemption From The Definition Of Subdivision recorded September 18, 1878 in Book 354 at Page 980 as Reception No. 207449. 10. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving with Conditions, the Hyman Apartments Condominiums Subdivisions and Condominiumization to Construct aMulti-Family Building Consisting of Two Free Mazket Residential Units and Two Deed Restricted Affordable Housing Units on the Property known as 306 S. Gazmisch Street, City of Aspen, Pitkin County, Colorado, y~ ~. A 4/ t. +r Ordinance No. 35 (Series of 2005) as set forth in instrument recorded September 20, 2005 as Reception No. 515008. 11. Terms, conditions, obligations and provisions of Subdivisions Agreement for 306 South Garmisch Condominiums Subdivision as set forth in instrument recorded October 11, 2005 as Reception No. 516082. 12. Easements, rights of way and other matters as shown and contained on 306 South Gazmisch Condominiums Subdivision recorded October 11, 2005 in Plat Book 76 at Page 2 as Reception No. 516081. 13. Terms, conditions, obligations, provisions, easements and assessment of Condominium Declaration for 306 South Garmisch Condominiums as set forth in instrument recorded 2007 as Reception No. 14. Easements, rights of way and other matters as shown and contained in Condominium Map for 306 South Garmisch Condominiums recorded , 2007 in Plat Book _ at Page _ as Reception No. NOTE: Colorado Division of Insurance Regulations 3-5-1, Pazagraph C of Article VII requires that "Every title entity shall be responsible for all matters which appeaz of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1992 Policy form. Copies of the 1992 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. ~: ~.., DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a Special Taxing District; B. A Certificate of Taxes due listing each taxing jurisdiction shall be obtained form the County Treasurer or the County Treasurer's authorized agent; C. Information regazding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appeaz of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado Inc. -Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appeaz on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment form the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Comtitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property [o be purchased, within six months prior to the Date of 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. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File Number: 43156C2 S~ewert Tithe of Colorado Inc. -Aspen Division Disclosures Page l of I PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we aze providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. -Aspen Division and Stewart Title Guaranty Company We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guazd your nonpublic personal information. File Nambec d3156C2 Stewart Title of Colorado Etc. -Aspen Division Privacy Policy Notice Page l of 1 !°"• ~ \.r ~~ American Land Title Association Commitment - 1982 TITLE INSURANCE COMMITMENT BY cstewart~ title guaranty company Order Number: 43156C2 We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and [hen our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following The Provisions in Schedule A. The Requirements in Schedule B-I. The Exceptions in Schedule B-II. The Conditions on Page 2. This Conunitment is not valid without SCHEDULE A and Sections I and R of SCHEDULE B. IN WITNESS WHEREOF, Stewazt Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. r tewart No r. cenir.nn or u. aoa:a wa+d ~[~E C ~L' -*- o. ~''• [908 o g :•..... ;~~ Tf %Pti er.eia.vc ~~y v Countersigned: Authorized Countersignature Stewart Title of Colorado Inc. -Aspen Division 620 East Hopkins Avenue Aspen, CO 81611 (970) 925-3577 Order Number: 43156C2 Pa e 1 of 2 Commitment - 235 W/O Disclosure ~~ `,. ,.. CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that five constructive notice of matters affecting your title -according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section B may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or aze created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section I aze met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Pazagraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B -Section I. or Eliminate with our written consent any Exceptions shown in Schedule B -Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment Order Number: 43156C2 Pa e 2 of 2 Commitment- 235 W/O Disclosure ~. ~.. AUTHORIZATION TO FILE APPLICATION FOR INSUBSTANTIAL AMENDMENT TO SUBDIVISION AGREEMENT [, John R. Provine, manager of 306 S. Garmisch LLC and authorized representative of 5tarwood Investors LLC, Outside Aspen LLC, SH 306 S. Garmisch LLC and The Hecht Children's Trust, u/t/a December 28, 2004, collectively the owners of the properties at 306 S. Garmisch ("Owners"), hereby authorize Leonard M. Oates and Anne Marie McPhee of Oates, Knezevich, Gardenswartz & Kelly, P.C. to represent the Owners in the matter of the Application for Insubstantial Amendment to Subdivision Agreement and all related matters. Dated this ~~dl day of j~p~, ( , 2007. JOHN R. PROVINE ,~ ~ ^ ~, ~ 6 J' ~----------_ Name STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this O day of J-, 2007 by John R. Provine. Witness my hand and official seal. b4~ec~issiQn__e_,,gx~ires: BETH B----- RANnnN `IOT~iRY PUBLIC 15T1TE OF COLORADO ..~c•~;r~o^ <xelres 11%27~?(11g ` L (- ~ G~-vt G~Z- Nota Public ,~ s W ~~mo N E ~ Z p m ; 0 c~ C A B E _ ~ 3 N S m a 'a g rniO~a ~' N ~d~~ a o datum m ~ s N 9 V N E @ a ~ ~, ' o c w ~ m LL ` ~ N p~ ~ ~ C ~_ T ~ v` m ~ °c L U S E ~ @ a o c 1S N3dSV S W 1S H~SIW2IV~J S oe N ry. 8 ~~ 3, <' ,:xs ~, 3 a ~. ~'..; 3 w Z Q E 2 W W Q z x 3 w w a 8 U W J Q w a O U 3 H 1S 1SLIIj S ,~. ,. ,. ~.. ~. 5008 I I I II III II IIII III IIII IIII II III III Illll a II II I I II III I e ~ t.sti ~ „ i 0 O ORDINANCE N0.35 (SERIES OF 2005) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING WITH CONDITIONS, THE HYMAN APARTMENTS CONDOMINIUMS SUBDIVISION AND CONDOMINIUMIZATION TO CONSTRUCT A MUTI- FAMILY BUILDING CONSISTING OF TWO FREE MARKET RESIDENTIAL UNITS AND TWO DEED-RESTRICTED AFFORDABLE HOUSING UNITS ON THE PROPERTY KNOWN AS 306 S. GARMISCH STREET, CITY OF ASPEN, PITKIN COUNTY, COLORADO. Parcel !D: 1735-114-71-008 WHEREAS, the Community Development Department received an application from John R. Provine and Ronald E. Soldering, Trustee -Soldering Living Trust, Inc, represented by Vann Associates, requesting approval of Subdivision, development of affordable housing, and condominittmization to construct amulti-family building consisting of two free mazket residential units and two deed-restricted affordable housing units located on the property known as 306 S. Garmisch Street; and, WHEREAS, the subject propety is zoned RMF (Residential Multi-Family); and, WHEREAS, upon review of the application and the applicable code standards, the Cotmnunity Development Department recommended approval, with conditions, of the proposed subdivision and associated land use requests; and, WHEREAS, during a duly noticed public hearing on July 19, 2005, the Planning and Zoning Convnission opened the hearing, took public testimony, considered pertinent recommendations and adopted Resolution No. 23, Series of 2005, approving with condiGOns, development of afoordable housing, and recommending that City Council approve with conditions, the proposed subdivision and condominiumizatioa to construct a multi-family building consisting of two free mazket residential units and two deed- restricted affordable housing units located on the property known as 306 S. Garmisch Street; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has taken public testimony and heazd the recommendations of the Planning and Zoning Commission, Community Development Director, and referral agencies of the City of Aspen; and, WHEREAS, the Aspen City Council finds that the development proposal meets or exceeds all the applicable development standards and that the approval of the development proposal, with conditions, is consistent with the goals and elements of [he Aspen Area Community Plan; and, Page l of 6 ~`, '. ~„,, I VIII VIIIIIIIIIIIIIIIII~II IIIUIIIII VIIIIIIIIII 9920®08 ]1:511 SILV[N oNVIS P[TKIN COIMfY rA R 31.00 D 8.00 WHEREAS, [he City Council finds that this ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Approval Pursuant to the procedures and standards set forth in Section 26 of the City of Aspen Municipal Code, the City Council hereby approves the Hyman Aparmtents Subdivision and Condominiumization in order to construct a multi-family building consisting of two free market residential units and two deed-restricted affordable housing units located on the property known as 306 S. Gannisch Street. Section 2: Plat and Agreement The Applicant shall record a subdivision plat and agreement that meets the requirements of Land Use Code Section 26.480, Subdivision, within 180 days of approval. The final Condominiumizarion Plat maybe approved and signed by the Community Development Director. Section 3: Buildine Permit Aualication The building permit application shalt include the following: a. A copy of the final Ordinance and recorded P&Z Resolution. b. The conditions of approval printed on the cover page of the building permit set. c. A completed tap pemtit for service with the Aspen Consolidated Sanitation District. d. A drainage plan, including an erosion control plan, prepazed by a Colorado licensed Civil Engineer, which maintains sediment and debris on-site during and after construction. [f a ground rechazge system is required a soil percolation report will be required to correctly size the facility. A 5-year storm frequency should be used in designing any drainage improvements. e. An excavation stabilization plan, construction management plan, and drainage and soils reports pursuant to the Building Department's requirements. The construction management plan shall include an identification of construction hauling routes for review and approval by the City Engineer and Streets Department Superintendent. f. A fugitive dust control plan to be reviewed and approved by the Environmental Health Department. g. A detailed excavation plan that utilizes vertical soil stabilization techniques for revtew and approval by the City Engineer. Page 2 of 6 .,, 4.~ IIIIIII VIII IIIIII IIIIII I~~IIII IIIIIII III ~II~II~IIII® 90 BO©8agl:al~ h. Accessibility and ADA compliance to all units shall be addressed to satisfactorily meet the building code. Section 4: Dimensional Requirements The redevelopment of the building as presented complies with the dimensional requirements of the Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to amulti-family building. Section 5: Trash/Utility Service Area The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash container. The trash containers shall be wildlife proof. Section 6: Eneineertne ADA requirements need to 6e met on the Garmisch and Hyman sidewalks. If they are not to current standazds then replacement is necessary. The Construction Management Plan (CMP) needs to be submitted before application for the building permit. Included in the CMP should be the following topics; construction traffic routing, erosion BMP's, soil stabilization, drainage impacts, construction phasing plan. The inlet may need to be moved if replacement of the sidewalk is necessary. Section 7: Affordable Housine The affordable housing units shall be in compliance with A.P.C.H.A.'s Employee Housing Guidelines. The Applicant shall record a deed restriction on each of the affordable housing units at the time of recordation of the condominium plat and prior to the issuance of a Certificate of Occupancy for the building, classifying the units as Category 2 units. Included in the governing documents shall be language reflecting the potential for the units to become ownership units. If the Applicant chooses to deed restrict the affordable housing units as rental units, the Applicant shall convey a 1/10 of one percent, undivided interest in the units to the Aspen/Pitkin County Housing Authority prior to the issuance of a certificate of occupancy on any portion of the building. The units may he deed-restricted as rental units, but the units shall became ownership units at such time as the owners would request a change to "for-sale" units or at such time as the Aspen/Pitkin County Housing Authority deems the units to be out of compliance with the rental occupancy requirements in the Affordable Housing Guidelines for a period of more than year. A total of two off-street parking spaces shall be allocated and reserved for the affordable housing units. Section 8: Fire Miti¢ation The Applicant shall install a fire sprinkler system and alarm system that meets the requirements of the Fire Marshal. Section 9: Watcr Department Requirements The Applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8 (Water Conservation and Plumbing Page 3 of 6 W~ ~ IIIfIIIIII~iI~III~I~IiIIIiIN~lilllil~llliHll g5O°s@ r:at~ Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. Section 10: Sanitation District Requirements The Applicant shall comply with tEre Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. Old service line connections in the alley of Block 69 must be excavated and abandoned at the main sanitary sewer line according to ACSD requirements. Below grade development may require installation of a pumping system. Oae tap is allowed for each building. Shared service line agreements will be required where more than one unit is served by a single service line. Permanent improvements are prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hard landscaping may impact public ROW or easements to be dedicated to the district. Section 11: Electrical Department Requirements The Applicant shall have an electric connect load summary conducted by a licensed electrician in order to determine if the existing transformer on the neighboring property has sufficient capacity for the redevelopment. 1f a new supplemental transformer is required to be installed on the subject propet4y, the Applicant shall provide for a new transformer and its location shall be approved by the Community Development Department prior to installation. The Applicant shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transformer is installed. If after the subdivision plat is recorded and in the event an easement is required, the Community Development Director shall review and approve the easement on the coadominirrm plat. Section 12: Exterior Liahtine All exterior lighting shall meet the requirements of the City's Outdoor Lighting Code pursuant to Land Use Code Section 26,575.150, Outdoor lighting. Section 13: School Lagds Dedication Fce Pursuant to Land Use Code Section 26.630, School lands dedication, the Applicant shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department she!! calculate the amount due using the calculation methodology and fee schedule in effect at the time of building permit submittal, The Applicant shall provide the market value of the land including site improvements, but excluding the value of structures on the site. Section 14: Park Development Impact Fee Pursuant to Land Use Code Section 26.610, Park Development Impact Fee, the Applicant shall pay a park development impact fee in the amount of $],818 prior to building permit issuance. The fee is assessed based on the following calculation: (three-bedroom or larger fee -two bedroom fee) = pazk development impact fee 2 (3,634 - 2,725) = pazk development impact fee 2 (909) _ $ 1,818.00 TOTAL Page 4 of 6 ~"` .... ~~, ...- ~Ilhll l'IIII~~IIIII~~BNIII~IN~III~~IN~I~n 99 aOOO 01:S1i 5[LVIP OgVIB PfTKiM COIdlTY e0 R 33.00 D 0.00 SeMion 15• Parks An approved vee removal permit is required prior to submitting the building pemlit. The Parks Department sign off will be contingent on the approved tree permit. A detailed tree protection plan is required as part of the building permit set and should include fence details and Fence locations as well as the following language, "A construction fence shall be installed at the drip 6ne of each individual or grouping of trees remaining on site. No excavation, storage of materials, storage of construction ball, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence, Contact the City of Aspen Parks Department for inspection of the fence, 920-5120 before any consvuction activities commence. After inspection and approval of the fence location the fence cannot be moved or removed without permission from the Pazks Department or until the project receives the Certificate of Occupancy." In order to protect the root nines of the coniferous vees located on the west side of the property, vertical excavation will be required for the western foundation, no lay backs or over digs will be allowed. Improvements to both of the City's ROW's shall include irrigation, new sod and soil. new street vee plantings along tiarmisch. Replace one dead street tree on Hyman and add a new tree planting in the space available on Hyman. Section 16• All material representations and wmmitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zorting Commission or City Council, are hereby incorporated in such plan development approvals and the same steal! be complied with as if fully set forth herein, unless amended by an authorized entity. Section 17• This ordinance shall not effect 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 Ig• If any section, subsection. sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional m acourt of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. The Ciry Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 19• A public hearing on this ordinance shall be held on the 12'" day of September, 2005, at a meetmg of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. Page 5 of 6 .:..~ ~.a IIIIIII VIII IIIIII IIIIIIII (VIIIIIIIIII IIIIII RIIIIh00 2000 63:53( INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 8s' day of August, 2005. Attest: ., ~X) Kathryn S. I h, G Jerk Helen IC. Klanderu , M or FINALLY, adopted, passed and approved this 120i day of September, 2003. Attest: / sj .• Katkryn S. Ko y City Clerk Helen K. {lan end, yor Approved as to form: ®®~~,,~~~~~c~~~~ pity neyr' Page 6 of 6 ~. 516082 i Illlil I~I~ III~~~ lIlI1Nl~ III~II~ Illul l~ III tl~ 111I 00 e~~ oze0ese0e4: asp SUBDIVISION AGREEMENT FOR 306 SOUTH GARl4IISCH CONDOMIPtIUMS SUBDIVISION THIS SUB~SION AGREEMENT ("Subdivision Agreement") is made and entered into this day of~/td^t , 2005. by and between TBE CITY OF ASPEN, COLORADO, a municipal corporation (hereinafter referred to as "City', and JOHN R PROVINE and RONALD E. SODERLING, TRUSTEE OF THE SODERLING LIVING TRUST U/DIT FEBRUARY 20,1996 (hereinafter collectively referred to as "Owner"), WITNESSETH: WHEREAS, Owner has submitted to the City for approval, execution and recordation a Subdivision Plat of a parcel of land situated within the City of Aspen, Colorado and more particularly described as Lots A and B, Block 69, City and Townsite of Aspen, Colorado which was subsequently subdivided into Hyman Aparhnents Condominiums, according m the Condominium Map thereof recorded November 6, 1978 in Plat Book 7 at Page 28 as Reception No. 208870 and as defined and described in the Condominium Declazation recorded October 26, 1976 in Book 357 at Page 65 as Reception No. 208590, both of the records of Pitkin County, Colorado, the condominium regune of which was terminated by the Owner (as the Owner of ail the four (4) condominium units thereof) by document recordedc~'R~ //, 2005 as Reception Na. $JG OL3o of the records of Pitkin County, Colorado (hereinafter referred to as the "Subdivision Plat"j, said property being hereafter designated and known as the "306 South Garmisch Condominiums Subdivision"; and WHEREAS, City has fully considered the Subdivision Plat, the proposed development and improvement of the lands therein, and the effects of the proposed development and improvement of said lands on adjoining or neighboring properties and property owners; and WHEREAS, under the provisions of Ordinance No. 35 (Series of 2005) adopted by the Aspen City Council on September IZ, 2005, the City has imposed certain conditions and requirements in connection with its approval of the 306 South Gamusch Condominiums Subdivision and its execution and recordation of the Subdivision Plat, such matters being necessary to protect, promote and enhance the public welfaze; and WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform the conditions and requirements imposed by the City in approving the 306 South Garmisch Condominiums Subdivision and the Subdivision Plat; and WHEREAS, contemporaneously with the execution and recording of this Subdivision Agreement, and pursuant to Section 26.480.070.A of the Aspen Municipal ,~. --, Code, City and Owner have executed and recorded on _~ // 2005 the Subdivision Plat in Plat BookyG at Page Z as Reception No. G y / ~ the Office of the Clerk and Recorder of Firkin County, Colorado. NOW, THEREFORE, for and in consideration of the arutual covenants and agreements herein contained, the approval, execution and acceptance of the Subdivision Plat, and for other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows; ARTICLE I ZONING AND REGULATORY APPROVALS 1.1 Pursuant to Resolntion No. 23 (Series of 2005) adopted oa 7uly 19, 2005, the City of Aspen Planning & Zoning Commission ('T&Z'~ approved with conditions, development of affordable housing, and recommended that the City Council approve with conditions, the 306 South t3armisch Condominiums Subdivision and condominiumization to construct two (2) free market residenrial units and two (2) deed restricted affordable housing units to be located on the property located at 306 S. Gamusch Street and legally described in the first Whereas clause hereof. 1.2 Pursuant to Ordinance No. 35 (Series of 2005) adopted on September 12, 2005 and recorded as Rccepdon No. 515008, rho Aspen City Council approved the 306 South Garmisch Condominiums Subdivision, wiffi conditions approved the eventual cottdominiumi2ation of the project fo define the separate ownerships therein by the recording of a condominium map in compliance with the current (at the time of condominium map submission) requirements of the City Community Development Engineer. 1n the event of any inconsistency between the provisions of the abovo-described Ordinances and/or Resolutions and the provisions of this Subdivision Agreement, the pmvisiens of this Subdivision Agreement she!! control. ARTICLE n DEVELOPMENT REQUIREMENTS AND RESTRICTIONS 2.1 Floor Area Llmttations. The building will contain two (2) free market dwelling unit and two (2) affordable housing units (the "AH Units'. The focal floor area of the building is limited to approximately 7,400 square feet of"floor area", as defined in the Aspen Municipal Code on rho date of building permit appflcation, which may be allocated between them as determined by the Owner. The two (2) AH Units must each contain a minimum of 850 square feet of `fret livable area", as defined in the Aspen Municipal Code on the date of building permit application. ne ..o Nw~~ to ° i; m 0 N N C tt) T OI\ 6~m ~^ '~~ ~~ ~3 -~~ .=UYY ~F ~a ~N ~~ ~ _a ~; ~N 2.2 ei t. The building's maximum allowable height is 32 feet, to be 1 calculated in accordance with the regulations in effect at the time of building pemtit application. 2.3 Off-Street Parkins. Six (6) off-street parking spaces are required in the project. Four (4) of these spaces shall be allocated to the free market residential units and two (2) of these spaces shall be designated for use of the occupants of the AH units, 2.4 Affordable Housiue IVIitieation. Two (2) on-site, two-bedroom AH units arc required for the project Each AH unit must contain a minimum of 850 square feet of net livable azea, and must be deed restricted to the Aspen/Pitkin County Housing Authority's Category 2 income and occupancy guidelines (the "APCHA Guidelines") concurrent with the recording of the condominium plat for the project and before a CertiSeate of Occupancy is issued for the project. The deed reslrieHon shall permit the owner of the AH units to lease such AH units to "qualified employees" of the owner's selection. White if is presently contemplated that tits AH units will be rental units, the owner of the units shall have the right at any time to convert them to "for-sale" units and to sell them to buyers quafffied under the APCHA Guidelines. Further, the AH units shall become sale units at such time as the APCHA deems the units to be out of compliance with the rental occupancy requirements set forth in the APCHA Guidelines for a period of more than one (1) year from the date on which the APCHA gives the record owner of the AH units written notice of such noncompliance and such non-compliance has not been cured during said one-yeaz period. So long as the AH units are rental units, they shall be owned by the Condominium Association formed for purposes of managing and maintaining the project (the "Association"), The AH units will be conveyed to the Association following the recording of the condominium map for the project. Unless a different arrangement is worked out with the City, and only to the extent required to comply with applicable Colorado law, cone-tenth of one percent interest in each of the AH units will be conveyed to APCHA at the time the remaining ownership interest is deeded to the Association. Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCI3A Interest shall be expressly subject to the understanding and agreement that (a) ownership of the APCHA Interest only gives the APCHA the right to enforce the deed restrictions on the AH unit, and does not give the APCHA any authority or rights that are not specifically set forth in the deed restriction, (b) in all other respects, the APCHA shall be deemed to have no ownership rights or responsibilities in connection with the AH units, and the record owner of the remaining interest in the writs shall have full right sad authority to lease, encumber, or otherwise deal with the AH units as if such owner held a 100 percent interest therein, (c) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and the party conveying the APCHA Interest shall indemnify APCHA tiom and against any losses or liabilities arising solely out of its ownership of the APCHA Interest, (d) the APCHA Interest will be conveyed to the Association or outer then-current owner of the AH unit if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing units, and (e) the APCHA Interest will be conveyed to the buyer of the AH unit if it is tc a ~g ty.nm° O~Sm ~ ..~~ r- m ~ iDa9°~ -- .. converted to a sale unit and sold by the Association to a qualified third party. In the event the project is sold by Owner ro a third party before the project is condominiumized, the Owner shall have the right to assign the foregoing deed restriction and APCHA Interest obligations to the third party buyer. 2.5 Buildtne Permit Aaulication The building permit applicsdion for the project shall include the following: (a) Copies of P&Z Resolution No. 23 (Series of 2005) and of City Council Ordinance No. 35 (Series of Z005). m (b) The conditions of approval printed on the cover page of the ffi building permit set. ry `o m °m oD $ m (e) A completed tap permit for service issued by the Aspen 0 ~ ` ° Consolidated Sanitation District. ~ u~ r m~ NOS ~ a ~ m (d) A drainage plan, including an erosion control plan, prepared by a ~_„ Colorado licensed Civil Engineer, which maintains sediment and debris on-site ~~ during and aRer construction. If a ground recharge system is required, a soil percolation report will be required ro correctly size the facility. A 5-yeaz stoma frequency should be used in designing any drainage improvements. ~_ ~8 (e) An excavation stabilization plan, construction management plan, ~~ ,~~ and drainage and soils reports pursuant to the Building Departrrtent's ^~ ~ requirements. Tha construction management plan shall include an identification ~g of construction hauling routes for review and approval by the City Engineer and ~~ ° Streets Department Superintendent. ~° (f) A fugitive dust control plan to be reviewed and approved by the -~ Environmental Health Department. ~_ y (g} A detailed excavation plan that utilizes vertical soil stabilization techniques for review and approval by the City Engineer. {h) Accessibility and ADA compliance to all units addressed to satisfactorily meet the building code. 2.6 Dimens[onal Requirements. The development of the 306 South Garmisch Condominiums as approved complies with the dimensional requirements of the Residential Multi-Family (RMF) Zone District. The structure shall meet all of the required Residential Design Standards applicable to amulti-family building. 2.7. Trash/Uti6ty Service Area. The trash enclosure, located adjacent to the side property line and accessed from the alley, shall not use a dumpster style trash 4 f °'~ .. 4.r s container. The trash containers shall be wildlife proof. 2.8 Enefneerine. ADA requirements shall be met on the Gatmisch and Hyman sidewalks. If they aze not to current standards then replacement shall be made. The Construction Management Plan (CMP) needs to be submitted before application for the building permit. Included in the CMP should be the Following topics; construction tratTic routing, erosion BMP's, soil stabilization, drainage impacts, constmction phasing plan. The inlet may need to be moved if replacement of the sidewalk is necessary. 2.9 Fire Mitlaatioo. The Owner shall install a fire sprinkler system and alarm system in the building that meets the requirements of the Aspen Fire Marshal. 2.10 Water Denartment Requirements, The Owner shall comply with the City of Aspen Water System Standards, with Title 25, and with the applicable stattdazds of Title 8 (Water Conservation and Pitmtbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Each of the units within the building shall have individual water meters. 2.11 Sanitation District Requirements. The Owner shall comply with the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections (roof, foundation, perimeter, patio drains) to ACSD lines shall be allowed. On-site utility plans require approval by ACSD. OId service line connections in the alley of Block 69 must be excavated and abandoged at the main sanitary sewer line according to ACSD requirements. $elow grade development may require installation of a pumping system. One tap is allowed for each building. Shared service line agreements will be required where more than one tout is served by a single service line. Permanent improvements aze prohibited in sewer easements or right of ways. Landscaping plans will require approval by ACSD where soft and hazel landscaping may impact public ROW or easements to be dedicated to the district 2.12 Electrical Denartment Requirements, The Owner shall have an elechic connect load summary conducted by a licensed electrician in order to detem»ne if the existing transformer on Ote neighboring property has sufficient capacity for the redevelopment. If a new supplemental ttansformer is required to be installed oa the subject property, the Applicant shall provide for a new transformer and its location shall be approved by tht Community Development Deparmtent prior to installation. The Owner shall dedicate an easement to allow for City Utility Personnel to access the supplemental transformer for maintenance purposes, if a supplemental transfomter is installed. If after the subdivision plat is recorded and in the event an easement is required, the Community Development Director shall review and approve the easement on the condominium plat. NY 'me N`om° CO m m ~ n.+~ Y T ~~ N d.~m m Z~ ~~ i~ s ~V ~~ ~-~ u ~~ 6 ~~ `~. `~ 2.13 Exterior Liahtine. All exterior lighting shall meet the reggirements of the City's Outdoor Lighting Codc pursuant to Land Use Code Section 26.575.150, Outdoor Lighting. ~• ~, r 2.14 School Lands Dedication Fee. Pursuant to Land Use Code Section 26.630, School lands dedication, the Owner shall pay afee-in-lieu of land dedication prior to building permit issuance. The City of Aspen Community Development Department shall calculate the amount due using the calculation methodology and fee schedule in affect at the time of building permit submittal. The Owner shalt provide the market value of the land including site improvements, but excluding the value of structures on the site. 2.15 Park Development Imnact Fee. Pursuant to Land Use Code Section 26.6 10, Park Development Impact Fee, the Owner shalt pay a park development impact fee m the amount of $1,818 prior to building permit issuance. The fee is assessed based on the following calculation: (three-bedroom or larger fee -two bedroom fee) =park development impact fee m 2 (3,634 - 2,725) =park development impact fee ~ a 2 (909) _ $1,818.00 TOTAL N ~ F ° 2.16 Parks Department Compliance. An approved tree removal permit is mm to run ~ : ^ ~ required prior to submitting the building permit, The Parks Deparhment sign off will be t! a°® m contingent on the approved tree permit, A detailed tree protection plan is required as part of the building permit set and should include fence details and fence locations as well as u the following language, "A construction fence shall be installed at the drip line of each di i id l ~~ ~ v n ua or grouping of trees remaining on site. No excavation, storage of materials, storage of construction backtill, storage of equipment, and foot or vehicle traffic will be allowed within the tree protection fence. Contact the City of Aspen Parks Department for ~ 8 inspection of the fence, 920-5120 before any construction activities commence. After ~ inspection and approval of the fence location the fence cannot be moved or removed ~ z without permission from the Pazks Departrnent or until the project receives the Certificate s of Occupancy." In order to protect the root zones of the coniferous trees located on the ~ west side of the property, vertical excavation will be requited for the western foundation, ~e no lay backs of over digs wiU be allowed. Improvements to both of the City's ROW's ~~ shall include irrigation, new sod and soil, new strect tree plantings along Gamrisch. ~s Replace one dead street tree on Hyman and add a new tree planting in the space available ~ on Hyman. -` 2.17 Material Representation and Commitment Service. Ali material representations and commitments made by the Owner, as applicant, pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Planning and Zoning Commission or City Council, aze hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. ARTICLE III VESTED PROPERTY RIGHTS ~~. ~.,, Under Development Order of the City of Aspen Community Development Department with an effective date of 2005 (the "Development Otde2'), the right to undertake and complete the evelopment and use of the 306 South Garmisch Condominiums Subdivision pursuant to the terms conditions of the site specific development plan for the property is vested uati~(, 2008, and shall not be altered, impaired, diminished or delayed by any s sequemt zoning or Iand use action that is prohibited by Section 2468-105(1) of the Colorado Revised Statutes. In accordance with the requirements of CRS Section 2468-103(6), a properly noticed public hearing concerning the establishment of such vested rights for the property was conducted on September 12, 2005. Aa authorized by CRS Section 2468-]02(4xa), City and Owner agree that the site specific development plan for the Hymen Apartrnents Condominiums Subdivision consists of and includes, but is not limited to, the number, permitted size, and configuration of the live market residential units, the AH Units, the pazldng spaces, and the older spaces and areas in the projeck and all other matters set forth in rite Regulatory Approvals identified is Article I above, the Subdivision Plat, this Subdivision Agreement, and all other documents and plans recorded wncurrently therewith. For purposes of this Article III, this Subdivision Agreement shall be considered a "development agreement" as that term is used in CRS Section 2468-104(2). ARTICLE IV NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR EXTENSIONS In the event that the City Council deternines that Owner is not acting in substantial compliance with the terms of this Subdivision Agreement, the City Council shall notify Owner in writing specifying the alleged non-compliance and asking that Owner remedy the alleged non-compliance within such reasonable time as the City Council may determine, but not less than 30 days. If the City Council determines that Owner has not complied within such time, the City Council may issue and serve upon Owner a written order specifying the alleged non-wmpliance and requiring Owner to remedy the same within thirty (30) days. Within twenty (20) days of the receipt of such order, Ownermay file with the City Council either a notice advising the City Council that it is incompliance or a written petition requesting a hearing to determine any one or both of the following matters: (a) Whether the alleged non-compliance exists or did exist, or (b) Whether a variance, extension of time or amendment to this Subdivision Agreement shoutd be granted with respect to any such non- compliancewhich is detemtined to exist. Upon the receipt of such petition, the City Council shall promptly schedule a hearing to consider the matters set forth in the order of non-compliance and in the petition. The hearing shall be convened and conducted pursuant to the procedures normally established by the City Council for other hearings. If the City Council determines by a preponderance of the evidence that anon-compliance exists which has m ~~ N'~g~ °mo e^:'o co ,~ 9m r. ~., ~,~ not been remedied, it may issue such orders as may be appropriate, including the imposition of daily fines until such non-compliance has been remedied, the withholding of permits and/or certificate of occupancy, as applicable; provided, however, no order shall temtinate any land use approval. The City Council may also grant such variances, extensions of time or amendments to this Subdivision Agreement as it may deem appropriate under.the circumstances. The parties expressly acJmowledge and agree that the City Council shall not unreasonably refuse to extend the time periods for performance hereunder if Owner demonstrazea by a preponderance of the evidence that the reasons for the delay(s) which necessitate said extension(s) result from acts of trod or other events beyond the reasonable control of Owner, despite good faith efforts on its part to perform in a timely manner. ARTICLE V GENERAL PROVISIONS 6.1 The provisions hereof shall be binding upon and inure to the benefit of m Owner and City and their respective successors and assigns. ~ m N.n~ 6.2 This Subdivision Agreement shall be subject to and construed in 8 m Ha accordance with the laws of the State of Colorado. c0 ;; T OI\ N a'~m 6.3 If any provision of this Subdivision Agreement or any paragraph, ~°~ sentence, clause, phrase, word, or section or the application thereof in any circumstance ~ is invalidated, such invalidity shall not affect the validity of the remainder of this ~ s Subdivision Agreement, and the application of any such provision, paragraph, sentence, clause, phrase, word, or section in any other circumstance shall not be affected thereby. ~_ ~$ 6.4 This Subdivision Agreement and any exhibits attached hereto contain the ~t entire understanding between the parties hereto with respect to the transactions ~'~ contemplated hereunder. Owner, its successors or assigns, may, on its own initiative, ~~ petition the City Council for an amendment to this Subdivision Agreement or for an ~~ extension of one or more of the time periods required for performance hereunder. The ~b City Council shall not unreasonably deny such petition for amendment or extension after ~~ considering all appropriate cin^~^±~*a^ces. Any such amendments or extensions of tune ~ff shall only become effective upon the execution by all parties hereto that are affected by the proposed amendment, -~ 6.5 Numerical and title headings contained in this Subdivision Agreement are for convenience only, and shall not be deemed determinative of the substance contained herein. As used heroin, where the context requites, the use of the singular shall include the plural and the use of any gender shall include all genders. 6.6 Upon execution of this Subdivision Agreement by all parties hereto, City f' A i~~ i,,,y ~w.A agrees to approve and execute the Subdivision Plat and to accept the same for recordation in the Office of the Clerk and Recorder of Pitkin County, Colorado, upon payment of the recordation fees by Owner. 6.7 Notices to be given to the parties to this Subdivision Agreement shall be considered to be given if hand delivered or if deposited in the United States Mail to the partial by registerod or certified mail at the addresses indicated below, or such other addresses as may be substituted upon written notice by Ute parties or their successors or assigns: CITY: City of Aspen City Manager 130 South Galena Street Aspen, CO 81611 OWNER: c/o John R. Provine P.O. Box 8769 Aspen, CO 81612 tV a ,°~ $ Snowmass Village, CO 81615 aD a ~ t9 ~ o tD u With Copy to: I,ecnard M. Oates, Esq, •' A a ~ u ^ Oates, ICaezevich & Gazdenswartz, P.C. g 533 E. Hopkins Avenue ? ~ Aspen, CO 81611 ~~ - 6.8 This Subdivision Agreement may be executed in counterparts, in wfrich ~ case all such counterparts together shall constitute one and the same instrument which is -r r.G ;~ g binding on all of the parties thereto, notwithstanding that all of the parties ate not ~ signatory to the original or the same counterpart. Facsimile signatures shall be treated as ~ original signatures hereon. ~: 6.9 The terms, conditions, provisions and obligations herein contained shall be deemed covenants that run with and burden the Hyman Apartrnents Condominiums ~~ Subdivision and any and all owners thereof or interests therein, their respective successors, grantees or assigns, and fiuther shall inure to the benefit of and be specifically ~ 3 enforceable by or against the parties hereto, their respecrive hairs, personal -" representatives, successors, grantees or assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and yeaz first above written. CITY: City of Aspen, Colorado, a Colorado Municipal co o t By: Mayor ...- IIIINIIIIININIIIIIIN~IMIIIIININIIII~NINIIN 5 6©8~ 04ze& SILVtR 00V75 PITNIN COUNTY CO R b3.00 D 0.00 Attest: thryn S. Ko ,City Clerk APPROVED AS TO FORM: "~~,/a~~~~~- Jtblx rcester, Ctty Attorney OWNER: xonata 33. eoaertgtg, ltusree, or nts successor in trust of the Soderling Li ' Trust U/D/f dated February 20, 1996 and any amendments thereto STATE OF COLORADO COUNTY OF PITKIN 3 be fo~r~eggomg instrument was acknowledged before me this day of ~~X_ 2005, by Helen Klanderud as Mayor and Kathryn S. Koch as City Clerk of the City of Aspen, Colorado, a municipal corporation. Witness my hand and My commission expo STATE OF COLORADO COUNTY OF PITKIN )ss. The foregoing instrument was acknowledged 2005, by John IL Provine. Witness my hand and offici Ise My commission expires: ~j~ before me this v ` day of ~~~ 10 STATE OFC9c: ~rzy„~ ) )ss. COUNTY OF o n. - ) .~, No ublic The foregoing instrument was acknow]edged before me this~o day of >'n 6P /L- 2005, by Ronald E. Soderling, Trustee, or his successor in trust of the Soderling Living Trvst U/B/1' dated February 20, 1996 and any amendments Werem. Witness my hand and official seal. My commission expires: /-~~/- OT ~`an. t. w~oRauta N tart' , b&c _ earvd.nni ~sussa ,~, L. Wo/LS/3AiYl._ ~~Y MNCann.6mMJmI6 `'~~ NN ''II ~I'~~'~'~~I'11~I~~U;`oo ~6@800 0 zas~ ~l'10i~~~~S~~~N' rp 11 ~:, colvs~Nr oF~ mox~TCACiu~ ~~ . e The undersigned, being the holder of a lien on the property comprising the xyman Apartments Condominiums Subdivision pursuant to a Deeds of Trvst recordod as Reception Nos. 502999. 503152, 503154 and 503003 in the Office of the Clerk and Recorder of Pitkin County, Colorado, hereby consents to end approves the recording of this Subdivision Agreement for the 306 South Gaaaiaeh Condominiums Subdivision, and hereby subordinates the lien of said Deed of Trust to the matters set forth heroin. Dated this y of October, 2005. WELLS FAROO BANK, NATIONAL ASS TION By: ~~~~ D kl Hannon Its: Vtce President STATE OF COLORADO ) )ss. COUNTY OF PPiTCIN ) The foregoing Consent of Mortgagcc was acknowledged before me this day of 2005, by Donald Hamton as Vice President of Wells Fargo Bank, National Association. Witness my hand and offtcial seal My commission expires: OS~Z9-Looq' Notary blic KIMBERLY tQ~IQX I IIIIII ~IIII Ilu~ UOY I) Iluln IIII (IIII~I 00/IGI /020802f 04?eW R 01.00 D 0.00 12 r a CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jason Lasser, 429-2763. DATE: 2/27/07 PROJECT: 306 S. Garmisch Condominium REPRESENTATIVE: Lenny Oates TYPE OF APPLICATION: Insubstantial Amendment to Subdivision Agreement (with APCHA consent) DESCRIPTION: The Applicant proposes changes to the Subdivision Agreement for 306 South Garmisch CondoNminiums Subdivision, Article II, Development Requirements and Restrictions, section 2.4 -Affordable Housing Mitigation. The amendment will transfer the ownership of (2) rental units from the Condominium Association to (2) individual owners. The applicant proposes to amend the following sentence which currently states: So long as the AH are rental units, they shall be owned by the Condominium Association formed for purposes if managing and maintaining the project ("the Association"). The applicant would like to replace the language above to: The AH units may be owned as deed restricted rentals by owners of the free market units, one each; subject however to all of the obligations of the deed restriction and the APCHA interest (herein after defined) Without APCHA approval, the Insubstantial Amendment will be considered an Other Amendment, subject to City Council Review. Land Use Code Section(s) 28.480.080 (A) Amendment to subdivision development order 26.480.080 (B) Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director. Public Hearing: No, unless APCHA does not approve the application Referral Agencies: APCHA, Planning Fees: Planning Flat Fee- $560 Referral Agency Fees: $204 Total Deposit: 5764 To apply, submit the following information: I . Total deposit for review of the application. 2. Proof of ownership. 3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number of the representative. Include street address and legal description of the property. 4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 5. An 8 1/2" by 11"vicinity map locating the parcel within the City of Aspen. 6. Copies of prior approvals (from City Clerk) 7. 2 Copies of the complete application packet (items 2-8) Process: Apply. Planner reviews case for completeness. The planner will then contact applicant with required changes from the Planning Staff and Community Development Director. Planner reviews application for consistency with comments and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Disclaimer: ,a,. ~ w, ~.~ `~ 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.