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Land Use Case.107 Founders Pl.0030.2008.ASLU
THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0030.2008.ASLU 2735 -XX XXX XXXX 107-109 FOUNDERS PLACE (Obermeyer) ANDERA HINGLEY INSUB PUD AMEND SCOTT NIBBLACK 06/27/08 CLOSED BY Angela Scorey r3o P~ -~ ~s ~~. P - 03o.2oos~t~~u t-~, ~- -+~~r ~k o File Edit gecard dargatle Fgm Reports Format Tab Help !j. ~ ~ ~ ~ • t7 ~ ~ ~ ~ !ij h ~. i Main j(aluadan IcustanF~elds lewpr~ IFee£ IPar~ IFees.r.Rar>r I~e~ IAttadimentslROytYgs[atus IRwtYrq u - I Permit Type aslu .Aspen land Use Permit Y 0030.2008.0.5W i Address 107,108,109 FOUNDERS PACE ~ AptlSWte I ~ G[y ASPEN 5[a[e CO . Zip 81611 J l Permit lnfarmahpn i Master Permt~J Rputnq Queue aslu07 Applbd 06)06)2008 Project ~ Status pendng Approved ~J s ~ Description INSUBSTANTIAL PUD AMENDMENT ]saved ~J ~ J Find ~J i Submtted COTT NIBLACK 948 8385 tlock uniting Days ~ Expires 6)01)2009 J "' Owner -.._ _: _.:'. :: -: -.:. _ : _: '. i Las[ Name ASPEN MEDICAL CARE, PC ~ F'rs[ Name ~ l09 FOUNDERS PL ' ASPEN CO 81611 Phone ~ 'i r Owner is Apptican[? '. ~ Appicant ____.. ___ __.. ___ _. __ Las[ Name ASPEN MEDICAL CARE, PC ~ First Name ~ l09 FOUNDERS PL Phone ~ Cus[X 28219 ^' ASPEN CO 81611 Lender. _. _ :: -.. _-.. II Las[ Name ~~ Frs[ Name - Phone L_ _- mit lenders lull address AspenGakllb] - '~, Record: 1 of Gc -~ Ig~15 ~r ~ 2x513 ..-,. ~. . DEVELOPMENT ORDER of the City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three-year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Aspen Medical Care, P.C. Property Owner's Name, Mailing Address and telephone number CONDO. OBERMEYER PLACE UNIT• 107 108 109 DESC: CRESCENT BUILDING 107 108 109 Founders Place Aspen, CO 81611 Legal Description and Street Address of Subject Property Approval of an Insubstantial PUD Amendment allowing for a Primary Care Physician's Office Written Description of the Site Specific Plan and/or Attachment Describing Plan Insubstantial PUD Amendment, June 25, 2008 Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) July 13, 2008 Effective Date of Development Order (Same as date of publication of notice of approval.) July 14, 2011 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 14`h day of July, 2008, by the City of Aspen Community Development Director. /1 D ~ ~ Chris Bendon, Community Development Director r•, .., AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070, ASPEN LAND USE CODE ADDRESS OF PROPERTY: Aspen, CO STATE OF COLORADO ) ss. County of Pitkin ) I, ~g ~~ /C 6'~ ~{ (name, please print) being or representing an Applicant to the ' y of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy of the publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. Signalyte The foregoing "Affidavit of Notice" was acknowledged before me this 2 / day of , 2008, by I' PusLi «oncE / ' i pELOPMENT APPROVAL Nofine is he by given to the general public of the approval of sta specific tlevalopment plan, and the creation of a vestetl Property n9ht Pursuant m en and Tiee the Lentl Use Code of the Clfy o sp Revised StaWtes, pedain- 24, prtkle fib. Gdorado Ing ro the foNOwinH dasctlbed Property: 10], 108. 109 Found„BSOPtlIef of gee Gommunrty Obermeyer Piece, by 2pp81he appll- DevalopmantDieectoronJune25. sicPPians cent received approval of an i^ Care Phy i UD Amendment to oppe8rate a Primary Office. For furtherot ASDe°COmmpmfy GOlpraO Phalan, et the Ciry. Galena St. Aspen, meet Dept 130 S (970)429-2]89. sl Clry of Aspen Publishetl in The Aspsn Times on JNY 20, 2009 (18829]9) - WITNESS MY HAND AND OFFIC~IA/L SEA~,Lq My commission expires: ~J t/ Notary ublic r,~~~'~"~~,;~ s„~ ATTACHMENTS: COPY OF THE PUBLICATION r,: f \ s~ { h 1, , ~ t yF ' ~..` t may ~^ -^, NOTICE OF APPROVAL For an Insubstantial PUD Amendment to Obermeyer Place, 107, 108,109 Fouuders Place Parcel No.: 2737707305013, 273707305014, 273707305015 APPLICANT: Aspen Medical Care, P.C. REPRESENTATIVE: Scott Niblack SUBJECT & SITE OF AMENDMENT: Obermeyer Place, 107,108, 109 Founders Place SUMMARY: The applicant has requested an Insubstantial PUD Amendment to Obermeyer Place to operate a Primary Caze Physician's Office. The office is three existing units being combined together comprising of approximately 2,086 squaze feet. Ordinance No. 4, Series 2008, amends the Service Commercial Industrial (SCI) zone district, allowing for Primary Caze Physician Offices within the zone district with certain restrictions. The use is allowed on upper floors pursuant to Section 26.710.160B.4.a or within Obermeyer Place PUD, provided there is a maximum cap of 3,500 squaze feet within the PUD (Section 26.710.160 B.4.b.). Any permitted Primary Caze Physician Offices within Obermeyer Place aze required to be approved through an Insubstantial PUD Amendment. If the applicant intends to sell the units in the future, any alterations to the walls between the units will require a condominium plat amendment or the walls will be required to be returned to their original location shown on the plat prior to the purchase of the property. STAFF EVALUATIONS: Staff supports the proposed change to the Obermeyer PUD. The change allows a Primary Care Physician's Office as a permitted use in the SCI Zone District pursuant to Section 26.710.160 B.4.b, and is limited to a cap of 2,086 square feet as shown in Exhibit A. DECISION: The Community Development Director finds the Insubstantial PUD Amendment application to be consistent with the standards within Ordinance No. 4, Series 2008, and thereby APPROVES the amendment to utilize approximately 2,086 squaze feet as a Primary Caze Physician's facility located in the SCI zone district within Obermeyer Place. APPROVED BY: ~ (lilt., 2S 2ov v Chris Bendon Date Community Development Director RECEPTION#: 550528, 06/26/2008 at 09:21:09 AM, 1 OF 3, R $16.00 Doc Code NOTICE Janice K. Vos Caudill, Pitkin County, CO ~,, ACCEPTED BY: ~~,._.4-yµ. ~~~,ti~ '~~z~~og Dewayne Nie r Date Attachments: Exhibit A: Floor Plan of approved Primary Care Physician Offices Exhibit B: Review Criteria Exhibit C: Application 601'(01 9NI01109 1N31S38J ~` G W .,. ~~ $ ~ . "s'i x.e ~._ 3Utl] 1tl1103W N3dStl ~ ~ d o 9~ ! ~3 '' _ Q ~ ; ~ 3 , i i i - i "~~~~ I _ ~ _~ _~ i ---- -- ~ ~~~ ~ i i e_ ~ i r i 3:~ ~c~ i i ~ J/ 0. ~ ~:~ ~~ ~~ / Q ~ h v d sa s .~ A. PUD Insubstantial Amendments. An insubstantial amendment to an approved development order for a final development plan may be authorized by the Community Development Director. The following shall not be considered an insubstantial amendment: 1. A change in the use or character of the development. The Physician's oj~ce is a new permitted use as per Ordinance 4, Series 2008. 2. An increase by greater than three percent (3%) in the overall coverage of structures on the land. The additional use does not increase the overall coverage of structures on the land/parcel. 3. Any amendment that substantially increases trip generation rates of the proposed development or the demand for public facilities. Trip generation and demand for public services will not be impacted by this amendment. 4. A reduction by greater than three percent (3%) of the approved open space. There is no change to open space, the proposed use will go into an existing building. 5. A reduction by greater than one percent (1 %) of the off-street parking and loading space. There is no change in the parking/loading space utilized by the use. 6. A reduction in required pavement widths or rights-of--way for streets and easements. There is no change in the ROW's widths, streets or easements. An increase of greater than two percent (2%) in the approved gross leasable floor azea of commercial buildings. N/A 8. An increase by greater than one percent (1%) in the approved residential density of the development. No change to the residential aspect of the PUD. Any change which is inconsistent with a condition or representation of the project's original approval or which requires granting a variation from the project's approved use or dimensional requirements. ~~~aG 3 ~, ATTACHMENT2-LAND USE APPLICATION •~~N Ori ZQ~B APPLICANT: CITY Ue- ASP.=N Name: ~~ pp nn Location: ~ O OJ~tJle1L P (~ ~~ 6 ~ ~ Indica a street address, lot & block number, le al descri lion where a ro riate Parcel ID # (REQUIRED) REPRESENTATIVE: Name: <.o ~ N ~ 6d./a-c,IL Aaaress: Ibl N. SQ(Clrv~ STS 10`l Phone #: ~ ~ ' ~ y ~ y 3 $ .~ PROJECT: Name: ~ 6 ~ kl L (- Address: q l9 8 p l~~ ' / ~3u.- p S ~' ~ ~ ~ ~ Phone#: I ~" Izo- OI d"1 M~ca[ ~ P.C. TYPE OF APPLICATION: (please check all that apply): ^ 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'us[ment ^ Text/Ma Amendment EXISTING t.ONDTITONS: (description of existing buildings uses previous approvals, etc.) ~iy/S/~ Bu~c.O/N ~ SJ~/i ~ ~ SP/dz~ PRl7POSAL' (description of proposed buildings uses modifications, etc.) ~/l/Co>~S,~QyF~.JT~/-YL /~U/J /~h1F.~d /y//~T 7U /-lGGot.~ ~'JOI,~c-/I..T 7D USA '?7.!/ s~/d~ /~ S a,.t O~i cl -ter Faye you attached the following? FEES DUE: $ '~/ .r7 ,~~f,~~ Application Conference Summary t~ Attachment #l, Signed Fee Agreement Response 110 Attachment #4, Submittal Requvements- Including Written Responses to Review Standards All plans that are larger than 8.5" a 11" must be folded and a floppy disk with an electronic copy of all written teat (Microsoft Word Format) must be submitted as part of the application. ra '"~ !/ Submittal for Insubstantial PUD Amendment Applicant: Aspen Medical Care, P.C. RECE~~E p JUI~ D 6 1008 1. Check is enclosed CpMM~NT~ E FS PEN 2. As per requirement Purchase contract is enclosed. MfNT 3. As required Land Use Application is enclosed . 4. Representative Letter is enclosed 5. As per requirement Title work is enclosed 6. As per requirement two maps are enclosed. 7. As per requirement one current site plan is enclosed and one proposed floor plan. Please note there are currently no walls separating the units. 8. As per requirement description and review responses is attached 9. Included. ~""~ t,V~ ,..R ~ . ,gyp CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT ?:' i I Ftj l ~ ~ Agreement for Payment of Cirv of Aspen Development Application Fees C ~ ' ~ U CITY OF ASPEN (hereinafter CITY) and O~ SiOe.J 11 ~ ~ fJ~ ~ ~`"~"`) (hereinafter APPLICANT) AGREE AS FOLLOWS: ~ APPLICANT has submitted to (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of [he size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their heazings and/or approvals. APPLICANT agrees he will be benefited by retaini a greater cash Equidity and will make additional paymenu upon notification by the CITY when they aze necessary as costs aze incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs [o process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff [o complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings aze paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of [he CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~ 3 5 which is for 3 • O hours of Community Development staff time, and if actual recorded costs exceed the initial deposic, APPLICANT shall pay additional monthly billings [o CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing ha~ e been paid. CITY OF ASPEN APPLICANT By: BY _. Chris Bendon ~ ~ / ~ O Community Development Duector Date: C:J Billing Address and Telephone Number. Required /~~.e2>, ~ C, f3 /6// C:\Aocuments and Se[tings\johannahr\Desk[op\Fees\2008 Land Use Fees.doc Rpr 18 OB 03:04p Zah i 703- 4-3549 ftGf..1. [U8o" i:«'iV"' Aso n i~leaita: C--Yr_~:(efst,P.C. ~ No.9U1-0 P 823 Blake Avenue, Sult® 2D2 Cil~nwood Springer, CO 81601 Phonec(970)945-2447, Fax: (970)945-2440 7 8 9 10 ll 12 13 Ia l5 16 17 18 19 20 21 22 23 26 25 The printed portions of this form, except differentiated edditlons, have been approved by the Colotado Real Estate Commission. (CBS 1-8-07)(Mandatory I-OB) 21 p.2 TW9 FORM HAS IMPORTANT LECAL CoN SEQUENCES AND THE PARTIES SHOULD CONSULT LEGA L AND Tqx OR OTHER COVNSEL BEFORE 91GNINC. CONTRACT TO BUYANDSELLREALESTATE (ALL TY PES OP PROPERTIES) with Closirl6lnatrac6one Dale:'!~~ ,~ Bona 1. AGRECMENT. Buyer agrees to buy, and Seller agrees to sell, d,e Property defined below on the terms end conditions set forth in this contraU (Contract). 2. DEFINEDTERMS. 2.1. Buyer. Buyer, vita Schvoei Agna Ooyotto Devayne Mebuz will take tl[lo m the real property described below as ^ Jolnt Tonants ~ Terranls la Common ®Othe! 2.1. Property. The Property er the following leplly described rw! estate in the County of Pitose Colorado: Condoatiniume Oni tv 107, leg and loo, Crasavnt auilding, obvzmvyvr plaeo Condomipihma and throe (3) parkin(( spaces xa Limited Common IIlamente, according to tttm Ceodawiniooe ~ of the Obetfeyar place Cvndopint.uma recorded 1a plat Hoot ee at pa9v 57 and tM aaondaant thereto L6eozded ere Raeep<ion No. 528770 !the ''Plop") artd ere deacrihed in ttty Condominiw Declaration, 4 a1ROndE:d known as No StteetAddress Ciry State Zip together with dte interests, easements, rights, benefits, improvgnents and attached fixewas appurtenant thereto, ell interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 2.3. Dates and Deadlines. Ilem No. Reference Event Date or Deadline 1 § 4,2.1 Alternelive Eemest Money Deadline tge ~ 3 days 2 § 5.1 LoanA licetionpeadline apzil 25, 2009 3 § 5.2 Loan Conditions Deadline ferny 3p, 2ooe d § 5.3 Buyer's Credit lofortnation Deadhno a/a 5 § 53 Disap rove! of Buyers Credit informatioq Dcadl{ne e/a 6 § 5.4 Existing Loan Documents Deadline n/a 7 § 5.4 Exerting Loan Doclmtents Objection Deadline n/a 8 § 5 4 Loan Transfer Approval Deadline n/a 9 § 62.2 Appraisal Deadline Bray z3, 2ooe 10 7.1 Title Deadline tday 16, 2ooe ll §8.1 Title Objection Deadline t~y3o, zoos 12 § 7.3 Survey Deadline !fay 2a, zoos t3 §8.3.2 Survey Objedlon Deadline Hay 30, 20oe CBS7.6.eJ, Cn„ancl to boy and Sell Reml Ealete ya Types M PrapeAlea) wiR~ Closing Inwrunlom. Cobreao Neal Eelete Commiseian RYdIPAST® .. W~~am--OZyyO09, ersirn 8.78. SoM~ere Regicrereo b: Oen Karnt, Dan Kef6l D,C. 6ur•rlsJ`~IC/ of/t7ioE t t;as:os Papa of Se11Ma1 ,((~ Rpr 18 08 03: 04p 2at~ ry i Apr. ,i. LU~dO' l4Srlvr°' n<GZr.4rcl:~i ~.i:,. '. 703- ~-3549 p.3 \.a ICP. )II!1V ~ JL l4 § 7.2 DooumentR asst Deadline taay 16, 2ooe 15 § 7,4.4 CIC Documents ~eadhne Hay 16, 200g 16 § 7.4.5 CIC Documents Objection Deadline May 30, 2ooe l7 § 8.2 Off-RecordManers Deadline tray 16, 2ooe 18 g.2 Off-Record Matteta Ob~edion Deadline stay 30, 2ooe 19 § g.6 Ri ht Of First Re(usalD~adline n/a 20 § 10.1 Seller's Pto arty Disclosure Deadline Hey ie, 2ooe 2] § 10.2 Inspeeuon Objection Doadlitre Tray 30, zoos 22 § 10,3 inspection Resolution Deadlino sma oa, zoos 23 § 10.5 Property Insurance Objection Deadline Hay 30, 2ooe 24 § 12 Closing Date ,'taus oe, 2009 25 § 17 Possession Date °0D 26 17 Possession Time °OD 2T § 31 Acc hnea DeadlioeDate 11pri1 lfi, 2ooe ~~ nn p 00am 28 § 31 Acceptaute Deadline Time n/a n/a n/a n/a n/a n/a n/a n/a 26 21 24. Appliobgity of Terms. A check or similar mark in a box means the[ such provision is appliable. The abbreviatlon'1`1/A" 28 or the word "Deleted" means not applicable and when inserted an any line in Dates and Deadllges (§ 23), means that rho 29 wrresponding provialon of. the Contrail to which rcferratce is made is debted The abbrevpdon "MEC" (nnrtaal exeeudon of JO this Contrail) means the date upon whieh both parties have signed this eentrad. 31 3. (A1t.LOS(ONS AND BXCLUSIONS. 32 3.1_ Inclusions. The Purchase price includes the folbwurg ¢ems (Irrclusioas): 33 3.1.1. Fixtures. If attached b the Property on Nte date of this Contract, lighting, headng, plumbing, vrntiletlttg, and sir J4 conditioning fixlnres, TV antennas, inside telephone wiring soil wnnecting blocksracks, plants, mirrors, floor rnvscings, 35 intercom systems, built-in kitchen appgances, sprinkler systems and oontrols, bulk-in vacuum rys~tns, (itc{ailing 36 aaessories), garnge door openers including ale-- rerttom controls; and 37 n/a Je 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the dale of this 39 Contract: atotm windows, smrm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, 40 drapery rods, fireplace insuts fireplace sc~eens,f~Place grams, heating stoves, storage sheds, ypd all keys. If cheeked, 41 the following azo included: d Water SoDeaers ~ 3moke/RireDetector~ Security Systems U Satellite Systems 42 (including satelliteduhes). 43 3.1.3. Otherlncluslons. 44 none 45 The personal Property to be cenvayed a[ Closing shall be conveyed, by Seller, free and clear of all recces (except personal 46 property razes for the year of Closing), liens and encumbrances, except 47 n/a 46 Conveyance shall be by bill of saleof other applicable legal rtstnotlent. d9 3, 1.q. Trails Fktures• With respect ro trade fixtures, Seller and Buyer agreeaa fbllows: 50 n/a 5] The Trede Fixtures to be wnveyed at Closing shell be conveyed, by Seller, fro and clear of all taxes (except personal 52 property taxes for the year of Closng), lions and encumbrances, except 53 n/a S4 Conveyance shall be by big of Salo or vther~plicable legal inewment. 55 3.L5. Parking and Storage paellities, lJ OseOnly ®Owncrship ottha folbwing parking facilities: uaat~r-ur, (:aNrdG b Buy a„d Sap R<al tswle (AM Trpee or PropeNw) rn, Gbsby rnalfuWDlb. CalaaOo ne01 eslale Comnktion RaalFasT® 0.92000. 0bn 6.t6. Sonwye Reaw~creA bf Dsn xM01. Wert Karel, P.G. ' 00nrio0 11:0695 De9e 101 SMlertcl // .~ ,-~, Rpr 18 08 03:OSp Zal- i 703- 3-3549 p.4 ftp `. I. (VUU°~ 1:~4Y4"" HSpEfi''ti+rt 01[al „_r~,t ~"~'" .ru. iii qll ~. ~7 S6 57 and ^UseOnly <]Ownership oftbefollowingstoragofacilities: 58 59 3.1.6. Water Rights. -the following legally described water rights: 60 n/a 61 ~4~lAdvlEe~b~khtskltSNb®lbhMr*~ea`by~`filt~~~~~~~~t~~v~~~~~~ t~_v~~tt~Aatd~7`[Odt1TbY`o~Adrb~1'1dW1'1~1 s2 ~vatatlt~tE+a><N~t~n~rawba~tu~ava`t~ye~~ua~~a~a~tbh-,As~taYadaitaniMd~a+arbA~al~t,Ybr~fb~`~tAkr 63 ~`tabttdbttgbAa~isa,~;E1.>t~arAdlb~Sblrl~ATr#Uaftta#lipVAftit~e~~,kluv'by~irl~0albawa~stal~lht~ltle~bFftde. 6a ~~7Vtc\WeA`PekAkVA@tdeaS~ ""~~tt~~~~tt~~~t~t~~~t~\\\\\\\\\\\\\\~\\\\\\\\\\\\\\\\\\\11\\\\\ 65 3.1.7. GrowingCrops. Wilhrespecttogrowinguops,SellerandBuyaagreeasfolbws: 66 n/a 67 3.2. Exclualons. The following items are axeluded: 68 a/a 69 4. PURCHASE PRICE AND TERMS- 70 4.1. Price end Terms. The Purchase Prico set forth below ~ra11 be payable in U.S. Do14rs by Buyer as follows: 71 Item No. Reference lum Amount Amount I 2 3 § a.l § 4.2 § 4,5 Purchase Price Earnest Monry New Loan S >., 975, ono. 00 f 60,OD0.00 1,615,000.00 d § 4.6 Assam lion Belancc n/a 5 § 4.7 Seller or Ptlvata Financing n/a 0 n/a n/a n/a n/a 7 n/a a/a n/a n/a 8 a.3 Cash atClosin 300,ooo.Da 9 TOTAL S 1,975,000.00 $ 1,975,000.00 72 73 d.2. Earnest Money. The Earnest Money set forth In this section, in dte form of . '' f '' t 74 is paz[ payrneni of the Purchase Price and shall be payable to and held by a a T' ~T F =-: ^^ - 75 (Earnest Money Holder), in its trust account, on behalf of both Seller end Buyer- 7110 Earnest Money deposit shall be tendered 76 with thisContraetunlesslhepeKlosmuWallyatynetoan AllernatioeEatrteatMoaeyDeadllae(§ 2.3) for its payment. The 77 parties autharim delivery of the Earnest Money deposit to the company wnducting the Closing (Cbsing Company}, if any, at or 76 before Clwing. In the oven[ Earnest Money Holder has agreed m have interest on Earnest Money deposits transferrer to a fund 79 established for the purpose of providing affordable housitrg ro Colorado residents, Seller and Buyer aahrowlrAge and agree that 80 any interest accruing on [he Earnest Monoy deposited with the Eemest Money Holder in this transaction shall be ttanafen'ed tc 81 sudtfund. 82 4.21. Alternative Earnest Monoy Deadline The deadlbte for delivering the FJrrtest Monry, if other than N the time of 83 Ianda of the ConkaN is a9 set forth as the Alternotive Eerneat Money Deodllna (§ 2.3} 8d 43. Cash at Closing. All amounts paid by Beyer ac Closing, including C~h a[ Closing, plus Buyer's closing eos[s, Stall be is 85 Funds which comply with all applicable Colorado laws, which include cash, ekWOnie wns(er funds, certified check, savings anc 86 loan teller's check artd cashiers check (Good Funds). Buyer represents [hat Buyer ~ Does ~ Does Nat have funds that art 87 immediately verifiable and available in an amount not less than the amomit staled as Cash et Closing in § 4.1. 88 4.4. Seller Coocrssioa. Seller, at ClositlA shall pay or credit, as directed by Buyer, a mtal amount of S ^' 89 to assist with Huyer's closing costs, loan discount points; ban origination fees, prepaid items (including say amounts tltat Seller 90 agrees to pay because Buya is not allowed fo pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge, expense of 91 expenditure rotated to Buyer's New Loen or other allowable Seller concession (wllectively, Sella Concession). the Seller 92 Concessinn is in addition to any sum Salter has agreed to pay or credo BuyU eluwhere n this Contract If the amount of Sella 93 Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess tunount. 94 4.5, New Loan. 95 4.5.1. Btr)'et, cxcapt as prov[ded in § 4.4, if applicablq shall timely pay Boyars ban costs, loan discount poinu, prepa,c 96 items and loan origination fees, as regwrea by lender. 97 d.5.2. )3uyer may select financing appropriate and acceptable ro BDyer, iryeluding a different loan than initiallly sough[ 9A except as restricted In § 4.5.3 or § 25, Additional Provisions. Laar.e-07, Contract to BW ern sea Heal parole (AN Typos d propeAiee) wm Closlnp Inetruflan9. edwttdo Real Estero (:ommiaaien RedFAiT%~~a. orsion a.t6. Sotlwero Ragisle,ud uo: Dan Kers4 Den Ker10. d.C. Pa o 7 ~ oanrme tt:os:os s Buyers( aoAarlsl Ftpr 18 08 03: O5p ZaFt,=.di 99 100 101 102 103 104 IOS 106 107 108 109 I10 III 112 113 Ito IIS 116 117 119 Il9 f20 121 122 123 124 125 126 127 128 129 I30 131 132 133 134 195 136 137 l38 139 I40 I41 142 143 144 145 lab 147 146 lag 150 ISl 152 153 I54 ISS 156 157 158 159 160 703-A^a.4-3549 p.5 v.,., 4.5.3. Login Limitations. $uyef"may pnrehase the Property using any of the following g-pas of loan: ~ ConVenlional ^ FHA ^ VA ^ Bond 4,5.4 Good Faith Estimase-Monthly Payment and Loan Costs. Buyer is advised to faview the terms, conditions and costs of Buyer's New Loan earetLlly. If Buyer Is applying for a residential loan, dre )ender generally must provide Buyer with a good faith estimate of Buyer's closing costs within three days afEcr Buyu completes a loan application. Buyq-shwL1 also obtain an estimate of the amount of Buyer's monthly mortgage paytuent If Iho New Lone is unsldisfactory to Buyw, thrn Buyer may [elfilnate this Contract pursuant to § 5.2 no later than Loan Conditions Do^dltne {§ 2.3). 4,6. Assumption, [Omitted -Not Applicable] 4.7. Seller or Private Financing, [Omitted -Not Applicable] 5. FBVANCING CONDITIONS AND OBLIGATIONS. 5.1, LoaA AppGcatioa. If Buyer Is to pay all or part of the Purchase Price by obtaining one or mole new loans (New Loan), or if an existing loan is not to be releared at Closing Buyer, if required by such lender, shall make a v9rifiable application by Loan Appgcatlon Deadline (§ 2.3). 5.2. Loan Candkions, if Buyw is to pay all or pert of the Ptucltesa Rice with a New Loan, this Contract is conditional upon Buyer determining, in Buyer's wbjeetive disoretlon, Atat the availability, temly, eonditiom, and ever of nlxb New Loan are satisfactory to Buyer, This condAion is tot rite benefit of Buyer. If such New Loan is not satisfactory to Buyer $ellw roust recajve written notice [o terminate from Buyer, no later titan Loan Conditions Deadline (§ 2.3), at which time Ihis Contract shalltwminate. IF SELLER DOES NOT RECEIVE TIMELY WRITTEN NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED, AND BUYER'S EARNEST MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTH6RWf$EPROVIDEb W THIS CONTRACT. (erg,, Appraisal, Tidq Survoy). S.J. CreditlnformationandBuyer'slVewSenivrLoaa [Omitted-Not Applicable] S.d, lsxistina Loan Review. [Omitted -Not Applicable] 6. APPRAISALPROVISIONS. 6.1- Property Approv^I. if rho lender irpposes any requirements orrepaua (Requirements) to be made to the Properly (e. g, roof repair, repainting), bryond those matters already agreed to by Seller in thin Contras, Seller rosy twminatc this C9nttact (notwithstanding § 10 of this ContiaM) by written notice to Buyer on or before thtce calendar days following Seller's receipt of the Requiroments. The right to terminate in this § 6.1 shall not apply if on or before Frye calwdar days prior m Closing Date (§ 2.3): (1j the parties enter into a written agreement; err (2) the Requirements are completed by Sella; or(3) the satisfaction of the Requirements is waived a writing by Buyer. 6.2. Appraisal Condition. ^ 6.2.1. Not Applicable. This § 6.2 shell not apply. ® 6.2.2. CenventienaUOther, Bnytt shall have the sole option anJ eketlop to terminate Axis CoOtrad if the Purchase Price exceeds the Property's valuation determined by an eppraiserengagod by gtye~ ~z-tu.~~~ g The Contras shall terminate by Buyer delivering to Sellerwritten notice afterminaflon and eithwa Dopy ofslxh appraisal or writlen notice fmm leader that confirms the Properryy valuatiar is lo: tlwr the Pmdraso Pritw, received o0 or before Appniaal Deadline (§ 2.3). If Sellw does not receive such writlen notixof teiminrtian on err before AppnualDeaolline (§ 2.3), Buyer waives any ri~rt to tertninat9 under [Eris subsativn. ~ 62.3. FHA- ll is expressly agreed that notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not be obli~fcd to complete the purchase of the Property de9orbed herein or m incur any penalty by forfeiture of Earnest Money deposjq or otherwise unless the Purchaser (Buyer) has been given in aecordo,rce with FIU D/tNA or VA requiranents a wriken statement issued by the Federal }lousing Commissionw, Department of Vatmns Affair, or a Direct Endotsemetrt lender, setling forth the appraised value of the Property of cwt lass than T N= .ThePUfehaser (Buyer) shall have the privj]ege and option Df proceeding with consurltmatl0n oFNeCOn7as widmu[ regard to tfre tanoum of fife appraised valuation. The apPsteed valuation is arrived at to delwmine the maximum mortgage the Deperttrlettt of Housing end Urban Development wIA Insure. HUD dons not watram the value Dar thv condition of the Property. Tho Purohasw (Buyer) should satisfy himselfihetself that the price and condition of the Property are acceptable. ~ 6.2.6. VA_ It iv oxpressly agrced that, notwithstanding any other provisions of this Contraef, the purchaser (Buyw) shall not incur arty penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Properly described herein, if the Contract Purchase Prico or cost exceeds Are reeennabk value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have rho privilege and option of proceeding wjth the consummation of this Contract without regard to the amount of the reasonable slue established by the Department of Veterans Affairs. 6.3. Cost of Appraisal Cost of any appraisal to be obrainod after the data of this Contract shall be timely paid by ® Buyer ^ $elhr. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS, 7.1.. Evidence afTitle On w before Title Deadline (§ 2.3), $elkr shall cause to be furnished to Suyer, at Sends oxpcnse, a current commitment for vwnets title insurance policy (title Commitment) in an amount equal m the Purchase Rice, a if this box Is checked, ^ qD Abstract of tide certified to a current due. At Sellers experlx, Seller shall ease the title insurance Poll,cc~~ to be Issued and delivered to Buyw as soon as practicable at or after Closing. fFa tide icsurenee commitment is furnished, it L'9 Shall ^ Shall Not commit b delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, 7. CBS[d•07, Conlrep l0 airy ana Sea Real FiNta (All Trpac or Propetaesl rYan Grosng Inslrucljona. Cobrade Heal Ealgle GpnmiS5i0n RYIFASTia e. 009, V ion 6.19. Sonwefe Regisrere9lo: Dan Kent, Den Kersl. P.G. evymr) ~ Orn7/0a 11:06:06 Pane aJ~f ~ Sek.lsl ,(,Lys flpr 18 OB 03:06p Zal i 703-~4-3549 p.6 Apr, ll. LUVi;" I IIbr~N"~~ Nsoen`rnraita~~ ~iiE„~ ~r ~,~,, 1~~~~~ ,. ~~- 40s terminated at the option of Buyer by delivering w Sella written notice of termination on or before Closing. Should Buyer elect to 4a9 carry out the Contract despire such damnge, Buyer shall be entitled to a uedil at Closing for all insaRnce proceeds that were 410 received by Seller (but not theAssociation, if any) resulting from such damage to the Property and Inclusions, plus theamounf of 4! 1 any deductible provided for in such insurance policy. Such credit trot to exceed the Furthest Price. In the rent Seller has not 412 received such Insurance proceeds prior W Closing, they Seller shag 9asigp such proceede at Closing, plw credit Buyer the amount 4 p of any deduuibleprovided for in such insurance policy, but not to exceed the total purchase Price. 414 19.2. Damage, Tnclusiota and Services. Should any Inclwion or service (ipcluding systems and components of the Property, 415 e.g. heating, plumbing, etc.) frill or be damaged between rite date of [his Contrxt and Closing or possevlon, )vhidievrr shall 4l6 be eazlia, then Seller shall be liable for the repair or replacement of such Inclusion or savior with a unit o(simgu stag age and 417 quality, or an equivalent credit, bUtanN to fhe extent that tfie maintenance or replacement Of such Inclusion, stxvlcc or Fixture is 4l8 not the responsibility of rite Aaocietion, if any, less any insurance proceeds received by Buyer covering such repair or 419 replacement. Sella end Buyer ere aware of tFre exlsunu of pre-owned home warranty progcartls that stray 6e purchased and may 420 cover the repair or replacement of some Inclusions. The ittk of loss for detnage to growing crops by fire of other casualty shall 421 be borne by rho party e0tl0ed to the growing crops as provided in § 3.1.7 and such party shalt be entitled to such insurance 422 procrtds or benefas for [he growing crops. 423 l9.3. Walk-Through acrd Vetd'ication of Coudilioa Buya, uppon reasonable notice, shall have the right to walk through the d24 Properly prior to Cosing to veAfy that the physical wndition of rho Properly and Indusiotrs complies with this Contract 425 20. RECOMMENDATION OF LEGAL ANDTAXCOUNSE4 Hy signing this doWment, Buyer and Seller aclmoakdge than 426 the respective broker has advixd tltat this doctament hu ImptttTam legal consequences and has recommended the examination of title 427 and consultation with legal and tax or other counsel beforesigningihis Contract 426 21. TIME OF ESSENCE, DEFAULT ANA REMEbIES. Tone is of the essence hereof. If any nos or check received es Earnest 429 Monty hereunder or arty other payment due haeunda Is not pa id, honored or tendatd when due, or if any obligee{on hereunder is not 430 performed or Waived as herein provided, there shall be the following remedies: 431 21.1. If Buyer is in Default: 432 ~ 21.1-1. Spatlflc Perfoemanee. Seller may elect to treat this (,OrtVttet as. canceled, in which ax all Earnest Money 433 (whedta or not paid by 8vya) shall be forfeited by Buyer, paid to Seller and retained by Seller, and Seller may recover such 434 damages as may be props; or Seller may ciao to e;at this Contract as bring in full force and etixt and Sdkr shall rove the 435 right to specific performance or damages, or body. 436 ~ 21.1.2. Llquldated Damages. All Earnest Money (whether o[ not paid by Buyer) shall be forfeikd by Buyer, paid to 437 Sella, and retained by Seller. Both parties shall thrxeaRa be releast~ from all ohligetiotu hereunder. It is agreed plat the 438 EamestMoney specified in § 4 is 1.1QUIDATED DAMAGES, and not a penahy, which amount the parties agree is fair and 439 reasonable and (except as provided in $§ 10.4, 19, 21.3, 22, 23), said forfelwre shell be SELLER'S SOLE AND ONLY 44p REMEDY for Buyer's failure to perform rho oWigahons of this Contract Seller wtpressly waives lire remedies of specific 441 pafamence and additional damages. 442 2L2. IfSellerisinDefauth. Buyer may elect to treat this Contrau as canceled, in which vat all Earnest Money received d43 hereunder shall be teacned and Buyer may remover such damages as may be proper, or Buya may ekd ro treat this Contract as 444 being in fug force and effect and Buya shall have theright tospecrfic pcrforrrwtce or damages, w both 445 21.3. Cosb and Expenses. In the event of any arbitration a litigation rotating tp this Contract, rite arbitrator or court shall award 446 to the prevailing patty aU reasonable costs and expenses, irwluding attorney and legal fees.. 447 22, MED1ATiON. [f a dispute arises relating to this ~ContraQ, prior to or aRa Closing, and is not resolved, the pmties shill first qdg procad in good faith to submit the maser to trrodmtion. Mediotion rs a process in which the parties meet with an impartial person who 449 helps to resolve the dispute informa0y and tohfidentially. Mediators cannot impose binding decisions, The parties to the dispute must 450 agree before any settlement is bhtding. 711e parties will jointly appoint an aaeptablemediatorond will share equally in the cost of such 451 mediatan. The mediation, unless otherwise agreed, shall re[mttwle in rho event the entire dispute is not resolved within 30 calendar 452 days of rite date written notice requesting mediation is deljvaed by one pony to the other at the pettys last known address. This 453 section shell not alter any date in this Contact, unless otherwise agreed. 454 23, EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall rebase rite Earnest Money 455 as directed by written mums) instructions, signed by both Buyer end Sella. In the event of any centrovtxsy regarding the Earnest 456 Money (notwithstanding spy termination of this Contract), Earnest Monty Holder she II not be required to take any aedott Earnest 457 Monty Holder, at its option and sole discretion, may (1) await any proceeding, (2) intaplead all parties and deposit fiarnest Money intc 458 a courl of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer 459 end Saga that unless Earnest Money Holder receives o copy of the Summons and Complaint or Claim (between Buyer end Sella) 460 containing the case number of the lawsuit (Lawsuit) within 120 calendar_days of Earnest Money Holder's notice to the patties, Earnest a61 Money Holder shall be authorized to return rite Famest Monty to Buyer. to the event Fameat Money Holder does recstve a copy o'. 462 the Lawsuit, and has not Interpled the monies at the time of any Order, Earnest Manry Holder shall d'sburse the Earnest Mone) 463 pursuara to the Order of the Court The parties reaffirm the obligation ofMedlotion (§ 22). 464 24. TERMINATION. In the event this Contract tr temti0ated, all Earnest Money received hereunder shall be reamed and tht 465 parties shall be relieved of all obligations haeunda, subject to §§ 10.4, 22 and 23. 466 25_ ADDITIONAL PROVISIONS. [lire Collowing additional provisions have not been approved by the Colorado Real Estat. 467 Commission.) d68 a. SUia contract is cantingont upon eha Aspen city Cooncil approving an amendment to th~ airy Code deEl,ning 9ervicr./Comtrercial/Industrial ("eCI"1 to alloy Buyer's nwdiCal ofYicos Lo ocoupy the cast-E-o7, Connect la auy and SaX neat Fdlale (AII TYDea err Prope4es) win CruNay InaNUCUOna. Getwado Rnl Fslale (,ommladw Rea1FAtTm aware. aoB~ 6. t6. SaRware RoalaWred tp: non Karat, Dan Karst r.C. Pa9a ounros tr.os;os seru(s1 Buyer(s) / Apr 18 OB 03:^7p ZaN"~i HP `• il. LUUO' 1:4UhVl" H_pEll ~,y li~: l.dr<" 703 J`"~4-3549 ..,.~.~ IV V. 71 f Iru f. I I U p.7 Property and to operate a rrwdieal practice on such space in compliance with said provisions.. coyer, in Huyer'e sole diecrativa, atwll hose until the inapactivn Ohjaoeion Deadlipo ere defined heroin to determine i£ the SCI coda, as amondad, Aloes the Huyar to epnzata said medical pzactioa/office on ttw Property. IE Huyor determines that the SCI code, se aa,ooded, done aoL allow Buyer to operate its medical pracrSee(offiee an the Property withoue violating the Aspen City Cade, ere ~endvd, Huyer sna11 notify 9allor of said unsatiafaotoxy condition on es Defora rho inspection ODjeet3eD Deadline. D. If vritien notice of any unsatiafactozy condlcien ie gisen W Buyer in accordance with 8eetion 30 or as provided herein, this Contraot shall terminate, Buyer's liarnoat tdoney Deposit elrall ]se tafundod to Bvyer in its entirety, and the parties shall tae rel iewd of any furthor obligations andor thin Centraet. c. From ta:C, euyex and/or Buyer•a agents shall Da allowed access to the Property dozing all reaeoneDle times to conduct any phyalcel or econosdc faaalDllity inapeotioM or studies doomed necessary by euyor. selling Broker or a rep[aaontatise oi, Brokor's company shall ba greener for say end all acoeaa. 469 26. ATTACB:MENTS• Tt1e following are a pert of Ihia Contract d70 a71 Note; The following disclosure forms are attached but ate not a part ofthis Con7aer; 472 nL+ 473 27. GOOD FAITH, Buyer and Seller acknowledgethet earjt party has an obligation to act in good fslth, including but not Nmited to 474 exercising the rights and obligations set forth in the provaions of Financing Coadltlons and Obligations (§ 5) and Property 475 Dlseloeure, lrtspection, IndeorNty, facurabi8ty, BuyerplsdowreandSoutu of Water (§ 10). 476 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL, This agllxment consdtutes the attire Cottttad between rho partja 477 relating to the subject hereof, and any prior egreemenls pataining Oteroto, whether oral or wrlaen, have been merged and integrated 478 into this Contras, NO subsequent modification of any of dte terms of this Contract shalt be valid, bindigg upon the parries, or 479 enforceable Unless made in writing and Signed Dy the parties. ADy obligation in this Contrast that, by its terms, ¢ intended to be d80 pu'fotmedaftertctminatfonorCbaingshallsurvivethesame. 481 29. FORECLOSURE DISCLOSURE AND PROTECTION. S411ar acknowledges that, to Sellefs current nrlual knowledge, the 482 Proporly ~ IS ®IS NOT in foreclosure. In dtc event this trensauion s subject to the prot9slons of fhe Colorado Foreclosure 483 Protection Act (the qsc) (i.e., genenlly the Act requires that [he Properly Is residential, in foreclosure, and Buyer does not reside in it 484 for at least ! yoat), a diffaen[ contact that complies widl the provisions of the Art is requiredt lmd dlis Contract shat) be void and of a8S no etfect unless the Forecosure Property Addendum is exea[e4 by ap parties concurrrntwith the signing ofthis ConVacl.'[he parties 486 are further advlsad [o comultwirh fhea own andrney. 487 30. NOTICE,DSI.IVERYANDC1101CEOFLAW. 488 30.1. Physical Delivery. Except for the notice ttques[ing mediation described in § 22, de6vecd efts Qosing, arrd except as 489 provided in § 30.2, all notices must be in writing, Any notice to Buyer shall be effective when physically received by Beyer. eny 490 individual buyer, any representetive of Buyer, or Brokerage Firm of Broker working witfi BuyN. Any notice to Seller shall be 091 effective when physically received by Seller, any individual seller, atry representative of Seller, err Brokerage Firm of Broker 492 working with Seller. 493 30Z. FJeehonic Delivery. As an alternative to physical delivery, any signed docrmtent end written notice may be delivered in 494 electronic form by the following Indicated rruthods only:. ®Pacsimile ®E-mail ~ No Electronic Delivery. Doeumenls with 49S original signatures shall be provided upon request of any parry. 496 30.3 Cholee of Law. This Contract and all dispute4 arising hereunder shall be governed by and construed in soeordantt with 497 thelswsofthe5tatcofColoredotftatwouldbeapplicabletoColoradotesidentswhosignaCOntractinthisshatcforptopettybeated d98 in Colorado. 499 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Guyer and Seger, 500 as evidenced by their signatures below, and the offering party rxei"es notice of such acceptance pursuant to § 30 w1 or before 50l Acceptance Deadlige Data (§ 2.3) and Accepuance Dwdline Trfne (§ 2.3), if accepted, this dOCUrtlent shall become a contnd 502 bctweeu Seller and Buyer. A wpy of this document may be executed by each parry, separately, end when each parry has executed a 503 copy thereof, such copies taken together shall bedeemed to ba a full and complete wettest between the parties. 504 505 CH51 •&07, Canaad to na1 end Sea Real Estate (All iypas d Propedles) vMh CDvng Iminalbne. Colorado Red Fatale CanaNSSien ReaIFAS7®S e, oe. Version s.1s. Sdevere Registered lo; Dan Ker:1, Dan Kmst P.C. pays 10 l Buyer(s) ~ Oa117lOe 11'06;05 6olkQs/~ t Rpr 18 08 03:07p tat`-''i 703-~ ~4-3549 - p.8 Apr. ~~. 1~~~~i i:4bv}din f1S~211 I~IC,I 6cf c`y W . Terra Realty G lsanagemant 101 North Spring St:teet Suitai 109 Aapva. Co 93611 phone: 066-317-3218, Eax: (9701 919-9395 By Date SI~JtatUte Boott Niblack S29 Fanail Address: ^^~* . 330 531 BROKER'S ACKNOWLEDCrMENTS AND COMPENSATION DISCLOSCIR , 532 (To be completed by Broker working with Seller) 533 e t of Farness Money deposit specified in § 4 and, while not 9 parry to the Cottract, 53d Broker ~ Does ®Does Nouest~wh anyy mediatioo concluded under § 22. 535 agrees to cooperate upon req 536 ~ Tnnsaetioa-Broker in this nansaction. 0 Tha is a Change of Shtus. S37 Broker is working wilh Seder as a ~ Seller's Ageat 53fl 539 Broketaec Firm's compen9stion or eotnmission is to be paid by ®Seller O Buyer ~ Other 540 541 Dete: 542 Brokerage Firm's Name' 543 Broker's Names 544 grcker5 Signature 545 546 Address: 547 _ Sao Phone No.: Sag Fax No-: - - 550 EmailAddress: _ 551 552 533 The following Closing Msttucbons are not per[ of the Contract b Buy and Sell Rea Esttrte. 554 S55 Tha Drinted pocltons of this form, eacept diffetenriated addition:, have been approved by theColoredo Real Estate Commisvon. ]]O t.t.e-ev r~ Vnmw..~y - -- S57 359 TAXOR OTHER COUNSEL BEFORE SfGN/NG.EQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AN 560 CLOSING TNSTRUCTfONS 561 562 Date: SG3 56a 565 1. PARTIES, PROPERTY. Ali Moohari 566 ,Seller, end Kim ScAouer Anne Goyettw Devayn° Nia.bu[ Closing Company, who agrees to provide closing and sett meat 567 ,BuyU,engage 368 services fn eonneaion With the Closing of the transaction for the sale and purchase of the Property known as o. 369 C957.9-07, CadreU la OW and Sap Rawl Estare (IUI types d PtODan~arl t+~U Cksirp anlruUbna. Gotoradu Real Eatale Cainmiaue^ FaBa ti JJ`~ // RgIFAST@ e, W e.. Varypn a.t6. Seaware Qe9hlered bt Dap Keret. oan Karst P.C. 9aYa((e1 f{../l ~rt,tf(,y~~ oat7roe nso:ot /r/ euyor(p Apr 18 OB 03:08p ZaN"`i 703-'~~4-3549 p.9 AD'. Il. 1UCb'°' 1:46 PM"' F;pen ~udi Gr~r`~ wiuo. yu~rv r. I( i Bt/YER Kim BDYSR Anne Goyalce 8VY8R .J ±. DeM Niabur 506 Email Address: nLa- 507 508 f NOT$: If thu otkr is 509 SfiLL£R DATE / ~ QO nATe DATE Y /7 OB SIO Erneil Addresr. >ya 511 512 1Z. COUNTER; REJECTION. Thu offer is ^ Countered ^ Rejected. 513 IBitials only of party (Huyeror Sella-) who countered or ejected offer 514 515 END O$ CONTRACT TO BUY AND SELL REAL ESTATE 516 517 BROKER'S ACKNOWLEbGMENTS AND COMPENSATION DISCLOSURE. 5I8 (To beeompleted by Broker,vorldng wkh Buyor) 519 520 Broker C1 Does ~ Dees Not acknowledge receipt of Earnest Money deposit spaified in § 4 and, while not a party to the Cantraa; 521 agree to cooperate upon request with any madjatlon corwluded under § 22. 522 52J Broker is working with Buyer as a ^ buyer's Agent O Seller's Agent ®Tratrsauiou•Broker in this transaction. 524 ^ This is a Change of Status. 525 526 Brokerage Firm'e compensation or commevsion is tp be paid by ^ Listing Brokerage Firm ^ Buyer 527 ®Other c°7 7e. ek .,c o ..w_ 528 Brokerage Firm's Name: 4'057-p-o7, Ganeaq io nuy end belt Keel Eetnle (All Typet of ProveNesl aA9a Gbeina tmwction¢ CoWraee Real Eelale Ceminlellon P291FAa105altware, tR09e. Ve/Bbll 6.19. 6bawere tleglsUrad to: Dan Kertl. Den KenC P. C. aamr9e use of do not sign thb document Refer to ~ 32) Paao 11 0 Apr 18 08 03:08p ZaN~~_J'i 703-3-3549 p. 10 l1t !~. :/. [UU3" !:il~rn ." n:peu !R~o '~cai eai c~- ~' 570 Street Address Ciy State Zip 571 andmOrofullydescribedintheConuacttoBtryaadSellRealEslate,dated-'- ,including any 572 counterproposals end amendments (Contract). 571 514 Z. INFORMATION, PREPARATLON. Closing Company is aulhoilZed to obtain any Information necessary for the Cbsm& 575 Closing Company agrees to preparo, deliver, and rewtd those documents (excluding legal documents) that are necessary to carry out 576 the terms end conditions of the Contract. 577 for rovidat these cbsing and 578 3. CLOSING FEE. Closing Company will receive a fee net to exceed S aL P 8 579 setdemmtscrvi«s. 580 58l d. RBLEASE, DISBURSEMENT. Gosing Cvmparty is not authorized ro release any signed documents or things of value prior to 582 receipt and dlsburst:ment of Good Punds, except as provided in § 8 and 9. 583 S84 S. b[SBURSER. Closing Company shag disburse all tlrnds, including real estate commissions, except drone [urtds as racy 585 separately disclosed in wdting to Btryer and Seller by Closing Company or Buya9 lender on a before Dosing All patties agree that 586 no one other than the disburser cart assure that payoff of [Dens end other disbursements uvlll sctually bemade. S87 588 6. SELLER'S NET PROCEEDS. Shce~will receive the net proceeds of Closing u indicated: SB9 ^ Cashkr's Checly at SeRer's expense U Funds Elecnnnieally Traneferred (wire transfer) W an account specified by Seller, at 590 Seller's expense ^ Closing Company's trust account check. 591 592 7. CLOSING STATEMENT. Closing Company will proparo end deliver an acculaae, eomph:to and detailed closing statement to 593 Buyer and Soller at time of Closing. 594 Date sat forth in dtc Contract, 595 8. FAILURE OF CLOSING [f Closing a disbursement does not occur en yr before Closing 596 Closing Company, except as provided heroin, is authorized and agrees to return all dowments, moniu, end [pings of value [o the 597 depositing party, upon which ClosiBB Company will be relieved from any further duty, responsibility or liability in conntxtion with 598 these Closing Instructions. In addition, arty promissory note, deed of vust or other evidence of indebtedness signed by Buyer shall be 599 voided by Closing Company, with the originals rNumed to Buyer and a copy to Btryer's lender. 600 601 9. EARNEST MONEY DISPUTE- Closing Company shell comply withtheprovisions of § 23 of the Contrau incorporated herein 602 by refarence. ' 603 604 10. SUBSEQUENT AM$NDMENTS. AnY amendntems to, or termination of, these Gosprg [nslNdions must be in writing and 605 signed by Buyer, Seller end Closing Company. 606 607 lI. WITHHOLDING. Tho lntcrnal Revenue Service and the Coorado Department of Revenue may require Closing Company b 608 withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a ColoRdo 609 resident after Closing. Seller should inquire of Seller's tax advlwr to determine if withholding applies or if an exeetption exhts. 610 611 12 ADDITIONALPROV[SIONS. (l}re following additional pmvrsions Nave not been approved by the Colorado Real Bstate 612 Commission.) G13 u arotel and when each party has exeated a copy, such 614 13. COUNTERPARTS. This document may be execumd by each party. P Y, 6I5 copies taken rogether shall be deemed ro be a full and wmplete COnvacC between the parties. 616 617 14, BROKER'S COPIES. Closing Company shall provide, to each brolyer in thu transaction, copies of all signed documents that 618 such brokers ere requited to maintain pursuant to the rules of the Colorado Real Estate Commission. 619 620 15. NOTICE, DELI VERY, AND CHOICE OF LAW. 621 15.1. Physical Delivery, Except as provided in § 152, all notices must be In writing. Any notice to Buyer shall be effeclivt 622 when physically received by Buyer, any individual buyv, any represenrorive of Buyer, or Broloesage Firm of Broker working Witt G23 Buyer. Any notice to Soper shall be affective when physically received by Seller, any individual seller, any reproamtative of 624 Seller, or Brokerage Firm of Broker working with Seller. Airy notice to Closing Company shall be of&ctivo when physically 625 received by Closing Company, any individual of Closing Company. or any representadve of Closing Company. 626 15.2. Elechooic Delivery. As an alternative to physical elivery, any 51 ned documents and written nodrx may be delivered in 627 elttctronic form by the following indicated methods only: ~ Fanimilc I~Email D No Eleetronlc Delivery. Dowments wilt 628 original signatures shall be provided upon request of any party. 629 15.3. Choice of Law. The contraU and all dtsputa arising hereunder shall be governed by and construed in accordance with rht 630 laws of the State of Colowdo [het would be appgcable to Colorado tesidenls who Sign a contract in this state for property locate[ 611 in f.nlnrxdn. CBS[-0A7, CsnlfsU to Buy and sea Real Fatale (Ali Types of PfOpetV¢S) wan Gbsiny Inslnwpo^~~ Cde.eee Real Eomle Com„dasion MaIPASTA 02 Version 6.te. Software Regruaed to; Oen Kest, Dan Nast P,C, Page t~ 1 out7ro6 tt:oc:os smtarkl avyerla) I ,~ 0~~ Rpr 18 OB 03:09p 2aY i ND r. il. LUUtl"' I:cll'Prr"' H>pen~airii ~ir2"~ 632 Al1Y&R Aim Soheuer BITTER Anno Coyette BUYER ` ~ e..t DeMayne eDUr Email Addreax 703-,..:1-3549 ua. ~ I I RV sarraR A11 D1~Tn p.ll ~. ~.~, ~7 D31T6 { ~ ~.. Dnas 4 1'1 8 Smell Address: al' - 633 634 Date: a/ 635 Closing Company's Namo: ~ 636 637 638 Autlwrized $iQDature Ttle 639 Address: 64U ..: 6dl PhoneNo.: al! -- 642 Fax No.: ~ 643 Email Address: 644 645 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) 646 647 ~ (9rokx) O Working with Sollar 648 ^ Working with Buyer engages Closing Company as Bmker's scrivener to complete, for a fee not to exceed $ ;~' G49 at the solo penes of Broker, the following legal documents: 650 ^ Daed Bill of Sak ~ Colorado Real Estate Commslion approved Promlrsory Note ~ Colorado Real Estate CommbsloD 65 ( approved Deed of Trust. Closing Company agues to prepare, on behalf of 9roka, the indicaed legal dowmrnb pursuant to the 652 terms and conditions of tha Conaact 653 654 'f11e documents stated above shall be subject to broker's review and approval and Broker acknowledges that Broker s responsible for 655 the accuracy of Ore above documenb. 656 657 bete: ^~_ 658 BrokaageFirmsName: ^~° - 659 Brokers Name: ~ 660 66l 662 Broker's Signature 663 664 Deco: a! 665 Closing Company's Name: n/a CBS1-a-o7, Conkasl to Buy aM Sal Waal eeroU (All Types 01 Propanieq win Glminn InsWdionc. CObndo Real Estate Ganurvctlon ReeIFA{T®SoawNe, NOOB, VehiM 8.16. Saawere Pinlct0leo log Oan Kefsl, Oan Kafa1, P.C. oa/17/08 11:08:05 Page 11 0( Rpr 18 08 03:09p ZaH i 703-'~;r-3549 p. 12 n y~~ I l. t v v V+ ~ i.- i~ i n n i n_ y r n v i ~ n i ~; I c~ ~ `°" :r U. 7 1 I I t V •• I V J 666 667 668 Authorized Signature the PREPARED BY: Dan N•r•y AtroMay CB57-407, CeeVau b BrrY pry Shc Real EaMb (All Yypu a Prvpertias) .ap Cbsng prswcllpna. Cgondo Real Enab Comm)palpn ~ RppIP/k 9p nr, 9, B,ifi, Spltwate R•8m1pro0 ~: Dan Kgat, Dan t(enl P.C. / BOyar(q NIT Oery7Po0 t t:OB05 Page 15 ~6 Se6sr1•) / /( Rpr 18 08 03:09p Zal^fii'i 703-~ }-3549 p. 13 nV!~ If. (VUO" I:Y7fXr .. n~Uci111n.•e"i rxi 63i..,~ .~. ,~, ~~„ .. .., 161 (3) survey mattPrS, .. 162 (4) any unr«orded mechanics {ions,. 163 (5) gap period (effective date of wmmitrnent m date deed is recorded), and 164 (6) unpaid taxes, assessments and unredeemed tax sales prior to the yea of Closin~ 165 Any additional premium expense to obtain this additional coverage shall be paid by Buyar ®Selkr. 166 Note: The title insurance company may not agree to delete or insure over any or all of the standard mtc•ptioru. Buyer she U have 167 the right to review the Title Commitment pursuant m § 8.1. 168 7.2. Cople9vlSxeeptivna. On or befog Title Deadline (§ 2.3), Setter, at SeUer's expense, shall furnish)rooPgsofanY 169 and (2) if a Title Commitment is tegltred to be 170 plats, dee(eretions, covenants, conditions and testrielione burdening the Property, 17) furnuh~. and if this box is choekad ®Copies ofany Other Documents (or, if 4legible, summaries of such documents) listed 172 in the schedule of exceptions (E%Ceptions). Even if ells box is not checked, Seller shall have the obligation to furnish these I73 documents pursuant to this Seaton ltrequested by Buyer any time on or before Document Request Deedliae (4 Z3). This 17d requitement beeate~ he aubstractdw TitletComrrtltmenr, bg•therl w tit arrY e9P ~ °r~surtlmarim ooff such dowm a furnt'shed 175 ProP~' 6 176 pursuant to this action, constitute t}to title doctttnents ('lilts Doctanmts). 177 7.3. Survey. On or before Survey Deadline (§ 29) ®Setler O Buyer shall order cep 1~ Bu~isduryey Pia[ of, the 178 Title Commitment or the provider of eh•~inion of title if an abstract) to receive a current p t79 ®Improveruent Location Certifeate lJ n aroount rtotto ott~d S +nnn - fw Survey shall be paid by 180 (the description dtecked is known as Survoy), A 181 ~ Buyer ®Seller. If the cost exceeds this amount, ~ Buyer ®Seller shall pay the excess on or before Closing. Buyar Ig2 shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, befaro Survey is ordered, 183 Btryer's written ageement to pay the trquired amount to be paid by Buyer. . 184 7.4. Coen®•a InterestCommunityDoeumeau. The term ClC Do ~~ ~~~~ minutes of m~ ant ~ wn~) 185 declarations, bylaws, operating agttement, rules and regulations, party ~ 186 meeting and minutes of any dQettors' or tnanagan' meetings dturng the 6-month period irttmodiatdy precedirtg the dale; P th;' 187 Contract, if any (Govemiog Documents), most recgt[ financial documents insisting o~'1) mnuaC CkDocuments)) n 186 income and expenditures statement, and (3) annual budget (Financial Documems), if any ( betively 189 ~ 7.4.1_ Not Applicable. This 4 7.4 shall not apply. 190 7.4,2. Common [rtt•tast Commmity D'ncloaure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST 191 CO1a1MVNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMl1MTY. THE OWNER OF THE 192 PROPERTY WILL Bfi REQUIRED TO BE A tv1E1v1BER OF TAE OWNERS ASStCIATION FOR THE COMMUNITY 193 AND WILL HE SUBJECT TO TF3E BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE 194 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILLIMPOSE FINANCIAL OBLJOATIONS UPON 195 THEOWNEROFTHEPROPERTY,INCLUDINOANOBLIOATIONTOPAYASSESSMENT'SOFTHEASSOCIAT[ON. 196 [F THE O WNER DOES NOT PAY THESE ASSESSIv1ENfS, THE ASSOCIATItRI COULD PLACE A LIEN ON THE 197 PROPERTY AND POSSIBLY SELL lT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND 198 REGULATIONS OF THE COMMUNITY MAY PROHIBIT 7NE OWNER FROM MAKING CIjANGES TO THE 199 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATTON (OR A COMMITTEE OF THE 200 ASSOCIATION) AND THE APPROVAL OF THE ASSOGATLON. PURCHASERS OF PROPERTY WiTHM THE 201 CpMMONIN7ERESTCOMMUNITYSHOULDINVESTIGATETHEFWANCIALOBLfGAT10NSOFME1v1BERSOF 202 THE ASSOCIATION. PURCHASERS SHOVW CAREFULLY READ THE DECLARATION FORTHC COMMINITY 203 AND THE BYLAWS ANDRULES AND REGULATIONS OF THE ASSOCIATION. 204 ^ 7.0.3. Not Cotdittonal on Revkw. Buyer acknowledges that Buyar has received a copy of the CIC Documents. Buyer has 205 reviewed them, agrees to accept the benefits, obllgttions and restrictions that they impose upon the Property and its owners 206 and .waives any right to [ominatethid Contract due to such documents, notwithstandingthe provisions of § 8.5. 207 7A.4, CICDocuments to Buyer. 208 ® 7,4,4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyef, at 209 Seller a expense, on ar befom CIC Dowments Deadtiue (§ 2.3). 210 ~ 7.d.4.2. Seller Authorizes Associa~on. Seller authorizes the Assocletlon to provide the CIC Documerts to Buyer, 21 l at Suet's expense. 212 7.4,4.3. Seller's Obligation. Seller's obligation to provide the CIC documents shell bo fulfilled upon Buyers receipt 213 of the GfC DocumrnU, regardless of who provides such dewtnents. 21 d 7.4.5. Condllional oo Buyar'8 Review. If the box ui eithor § 7 4.4:1 or § 7.4.4.2 is checked, the provisions of Ihi9 § 7.4.5 215 shall apply. Written notice of shy unsatsfauory provision in arty of the.ClC Documents, in Buyer's subjerAive discretion, 216 signed by Btryar, of on behalf of Buyer, and 'delivered to Setter on or before CIC Dowatenb Objee6on Dr~dgrte (§ 2.3), 217 shall termineoe dtis Contract. 21 B Should Buyer receive the C[C Documents agar CIC Documents Deadline (§ 2.3), Buyer shall have the right, at 219 Buyers option, to tortninete this contract by written notice dalivarod to Seller on or before ten calendar days after Buyers 220 receipt of the CIC Documents- I(Buyer does not receive the CIC Dowmenu, or if such written notice to lertninate would 221 otherwise berequicedtobedeliveredafRrCloshtgDste(§2.3),BuyerswcittennwiceWterminateshallbereceivedby5oller 222 on or before three calendar days prior m Clossig Date (§ 2.3). If Seller does not reeelve written notice from Buyer within CeS1A-0r, Cinlrect to fiuy aM Sill Real EsINe (Nl Types M Prvie^lea).wh Cleilne InslNUlonc. CO~OfedO Baal Ealare Commliek~ nedGAiT~ia, ye(sion 6.16. SonWafe Ri9ialawd (a f>an Wrst. Dan KaW. P.C. Pi9e 5 f Afll•(U'~ outtroe n-vero5 salaft~ auger(s) Apr 18 08 03:1Op 2ah i 703- /-3549 p. 14 r I .. .... Ap.. I!. 1U)tl 1:47YI1t Fl~pen iih~dicai ~=~r- ..~.,"~ 286 which a building potent[ was issued poor to January I, 1976, This Contract shall be void unless a complaed Lead-&sed Paint 287 Disclosure ($eles) form is signed by Seller end the required teal estate licensoe~, which must oaur prior to the parties signing this 288 Contract. Buyer acknowledges timely receipt of a completed Lead-Based Paint 1)isdosute (Sales) form sigrusd by Seger and the real 289 esrateliansees. Z90 10. PROPERTY DISCLOSURE, INSPECTfON, INDEMNITY, INSUR/IBILITY, BUVER DISCLOSURE AND SOURCE 291 OF WATER. 292 10.1. Seller's Property Dlsclasure Deadline- On of before Seller's Property Disclosure Deadline (§ 23), Sella agrees ro 293 deliver to Buyer rho most current version of the Colorado Real Estate Commissions Sellers Property Disclosure form completed 294 by Seller [o g[t best of Seller's acWal knowledge, current as of the date of this Contras, 295 10,2. [rtspectlon Objection Deadline. Buyer shall have the right W have inspectors of gre physical condidoq 4f the property 296 and Inclusions, at Huya's expense. If the physical condition of Ute Pro any or Inclusions is unsatisfactory in Buyer's subjective 297 discretion, Buyer shall, on or before Insputioa Obj«tion DeadGae (~2.3): 298 10.2.1. notify Seller in writing that this contract is terminated, or 299 10.2.2, deliver b Seller with a written description of any urrsatisfattory physical condition which Buyer require Seger to 300 correct (Notice b Correct). 301 If writes notice is not received by Seger on or before faspec[ion Objection Deadgne (§ 23), the physical 302 Property and Induslons shall be deemedto be stnufaaory to Buyer. 303 10.3. Irepedioa Ruolatlon Deadline, IF a Notice ro Correct is received by Sella and if Buyer end Seller have not agreed in 70d wrl4ng so a se[tlemept thereof on or before Irap«tiou Roolution Desdliae (§ 2.3), this Costae[ shall terminate one plendar 305 day following Inapectlpn Resolution Deadline (§ 2,3),unlessbefiYresuch rorminetion Shcerreceives Buyer'swlitten withdrawal 306 of the Notice to Cotttct. 307 10.4, Dsmage, Liens and Indemnify. Buyer, oxcept az otherwise provided in this Contract, is responsible for payment for all 308 inspections, rests, surveys, engincering reports or fot any other work performed at Buyers request (Work) and shag pry for any 309 damage which occurs to fha Property and and (dckrsions as a result of suck Wdrk, Buyer shag not permit claims of (lent of any 310 kind agairpt the Property for Work performed on the Property at Btrya's request. Buyer agrees to indenrtify, protaand hold 31 l Seller harmless fmm and against any liability, damage, castor expense inverted by Shca Bed pused by any such Wor4, claim, or 312 lien. This indemnity includes Seller's right to recover all vests Bed expanses incltrred by Seller [o defend against any snrdt liabiGry, 313 damage, cost or expense, or to enforce this stotion, including Seller's reasonable attorney and legal fees. The provisions of this 314 s«tion shall suryivethe termination of this ContraM. 315 10.5. Insunblllty. This Contact is conditioned upon Buyer's sat47faction, in Buyers subjective discretion, wid[ theavailability, 316 terms and conditions of and premium for property insurance. ?his Contract shall [erminato upon Selle's receipt, on err beforo 3l7 Property Insuraneo Objection beadlise (§ 2.3), of Buyer's written notice that such issuance was nor satisfactory to Buyer. 318 Ifsald notice is not timely received, Huyer shall have waived arty right to terminate under this provision. 719 10.6. Bayer pisdosare. Buyer represents that Buyer ~ Does ®DoeeNot need b sell end cbse a property to complete 320 this transaction. Note: My property sale contetgency rhould appex in AddltlonalPrrovieiorts (§ 25). 721 10.9. Source of Potable Water (Residential Land sad Roideatiel [mprovemeuts Only} Buyer d Dca ®Dors Nol 322 acknowledge receipt of a copy of Seller's Pr~o erty Dlsdosare w Source of Water Addendum dfaclvciog the source of 323 Potable [rata for the Property. Buyer ~ Does 00 Dea Not acknowledge receipt of a copy of the wrrent well permit. ®Thete 324 rs Ne Well. 325 Notes teBuyer: SOME WATER PROVIDERS RELY. TO VARYING DECREES, ON NONRENEWABLE CROUNp 326 WATER YOU MAY WJSH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) 327 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDERS wATER SUPPLIES. 328 t 1. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only} The parties acknowledge Otai 329 Seller is requ'sed m disclose whether Selk;r knows that the Property, if residemial, was prevlotrtly used az a methamphettunlne 330 laboratory. No disclosure is required if the Progeny was remediattd In accordance with state s~ndards and other requirertants are 331 fulfilled pursuant ro § 25-18,5-102, GR.S. Buyer further aclmowledgrs the[ Buyer has the ri~tt to engage a earthed hyy(gvpirnist or 732 industrial hygienist to test whether the ProperSy has ever been used aS a methampheramine Inborarory. If Buyer's Lett rtsul5 indicate 333 that the Property has been used es a methamphetatgine laboratory, but hat nor halo remcdiated ro meet the standard3 established by 334 rules of rho State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give written notip to Sella 335 of the results of the test, and Buyer may terminate grin Contract. 736 12. CLOSING. Delivery of dced from Seller to Buyer shall be err closing (Cldring). Closing shall be on the date specified as lht 337 Closing Date (§ 23) or by mutual agteemen[ et an earlier date. The hour and place of Cbsing shall bees designated by 73H mu F,.al nY P 6^ ~ - - 379 13. TRANSA$R OF TITLE- Subject to tender or payment at Cbsing as requ'aed herein and cotrgrlianea by Buyer witlt the other 340 terms and provisions hereof, Sella shall execute and deliver a good and sufficient 4=^°^°l -~°^rs^s~ 341 decd ro Buyer, at Closing, conveying the Property free and clear of all taxes except the general axes for the ytar of Cbsing. Except 342 as provided herein, title shall be Cgnveycd free and clear of all liens, including any governtsenal liens for special improvement; 343 Itutelled as of the date of Huyer's signature hereon, whether assessed or not. Titre shall ba conveyed subject to: 3d4 13,1. those specific Excep[lons described by reference fo recorded documents as refketed irr the Title Documenm aceepted b. 345 Buyer in accordance with (Title Review (§ 8.1), 346 13.2. distribution utility easements (including cable TV), 347 13.3. those specitieal~r described rights of third patties not shown by the public records of which 8tryer has eetual knowledge 346 and which were accepted by Buyer in accordance with Matters lVot Shown by the Public Records (§ 8.2) end gotvey Revlea CB51-a-07, Ca.Uacl to Bvy erne Sea Baal Fj(81e (NV types or propadle9) wiia Cbsing IncUUCllons. LabraOO Real Fatale Gommargn RealFasT®, re, BOB,aVeraton 6.16. SvMrore neaisWna to: Oen Kash Dan Keld, P.C. page _ BuYer(s1 T8•INtt"~ aH7/oe tt:oe:os SeHerts) r,~p'-(/,r /""'~ Apr 18 OB 03:11p Zah 'i Apr. Il. LUU<}" 1:4i"NI' Hsptn 19'r.~ ~.t~~ ~cltl 349 350 351 352 3S3 354 355 356 3S7 358 359 360 361 362 16J 364 365 366 367 368 )69 370 37l 372 377 374 375 376 377 318 379 380 36l 382 383 384 385 386 387 388 389 390 391 392 393 394 ~. 703-~-.4-3549 p. 15 (§ g.3). 13.4, inclusion of the Propatty within arty special taxing district, 13.5. other n/a P from sire ]4. PAYMENTOFENCUMBRpNCES. Any rnwmbflnce required to be paid shall be aid at or before Gosirg proceeds of Qtls traru9action or kom any othu source. 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 15.1. Good Funds. Buyer and Seller shall pay, in Good Punds, their rospec6vc Closing costs and all other items required to be paid at Closing, except as otherwise provided herein. 15.2. Closbtt; tnformadon and Documents. Buyer and Seller will furnish any additional information and document: required by Closing Company that will be necessary to complete thu nansection. Buyer and Seller shall sign and complete all customary or reasonably roquifed documents at or beforo Closing. 15.3. Closing Services Fee. The fee Eor real estate Closing services shall be paid et Closing by ~ Boyer ~ Seller ®One-hall by Buyer and Ono-half by Seller ^ Other • 15.4. Closing Iy,structions.~heColorado Real patsteCommitsion's Closing InstruUlOUS ^ Arc ®Are Not executedwihthis Contract Upon execution, Seller ^ Buyer shell deliver such Closing InstrucUOtu to the Cbaing Company. 15.5. Status Letter and Transfer Pees. Any fey incident t0 the iaeuance of Aasodadvn's ataternent of assessments (Status Lanes) shall be paid by ^ Buyer ®Seller ^ Ono-half by Buyer and Oae-half by Seller. Atry fees incident to Iha uansfu from Seller to Buyer assessed by the Association (Association's Transfer Foe) shall be paid by ~ Buyer ®Seger ^ Omthatf by Buyer and One-half by Salter. , c e/, of the purchase Pricy shell be paid at Closing by ®Buyer 15.6. LoealTrahsferTaa. ®Tha local ttansfatax of ^ Seller ~ Omahalf by Buyer and Oae-half by Seller. 15.7. 3a1es and use '[ax. Any solos and use tau that may accrue because of this tratrseUion shall h° pnd when due by ^ Buyer ®Seler ^ One.half by Boyar sad One-halt by Seller. 16. PRORATiONS. The following shall be prorated to Closing Date (§ 2.3), except as o[hawise provided: 16.1. Taxes. Personal property taxes, If arty, and general sal estate taxes for [he year of Gosin& based on ^ 7ax O f Other Calendar Yur Itnmediatety Preceding dosing ®Moat Recnrt Mill Levy and Most Resent /tssgsment ~)a,i> raaw~a~n~s>+s~t~~uett-~aMatrtih~rta~a~d~®m~~aaa,~~~at~ity\aa~aal~rar~aby~l~-~ar~~na~rr~a ~B1rpAt? 5-Nar~sltltlL~ib~ 1N1daZAsltb~B~Yhlra'BdylAllta'If~t-orMbl~kllK`n~.~~ ~~~~ ~~~33~~~~ ~~~~~~~53 ~~~~~~~~~ 6.3, Aswcution Assessments. Currrnt regular Association 8aseesmenls and ASaocietion dues (Association Assessments) Paid in advance shall be credited to Seller at Gosing. Cash reserves held out of dte regular Association AsaesanMnts for deferred maintattance by the Association shall not ba credited to Sdkr except as maybe othbtwreeprovtded by dte Govanntg Documents. Any special assessmrnt by the Association far improvetneatts that have been inslnikd ere of the date of B~ Assog~o~n I~11 shall be the obligation ofSeller. Any other special assessmeltt asvwsed prior b Closing Data (§ 23) by , esn rho obligation of ^ Buyer ®Seller. Boller represents that the Assactatron AssesAnents are currently payable x S pop ,---~ -and that (hero ere no unpaid regular er special assessments against the Propery except the torrent regular assessments and Such assessments are subject to change es provided in the Governing bocuments. Seller agrees W promptly regved the Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Lahr. 16.4. Other Profat:ons. Weer and sewer charges; interest on any wntinuing loan, and 16.5 Ftnal Settlement Unless otherwise agreed in writing, these protallons shall ba final. 2 3 sub eel l7. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession pale ai Possession Times (§ ), j to the followin8 leases or tenancies: none 795 If Selbr, esker Closing, falls to deliver possession es specifud, Seller'shall be subjett to eviction and shall bo additionally liable 396 to Buyer for Payment of S ~^^ per day (or arty pert of 6 day) from the Possession Date and Possession Time (§ 2.J; 397 until possesson is delivered. 39H Buyer ^ Does ~ boas Not represent that Buyer will occupy the PropWly as Buyer's principal residence. 399 18. ASS1GlgABILCfYANDINUREMENT. ThlsConnacl®Shall ~ShallNot be assignable by Buyer without Sellars prior 400 written epnterrf Exeopt es sv restricted', this ~Contrau shall inrim to~the benefit of and tae binding upon the heirg personal 401 representatives, su6cessors and assigns of the parties. 402 l9. INSURANCE; CONDITION OP, bAMAGE TO PROPERTY AND INCLUSIONS AND WALK THROUGH. Except a: 403 otherwix provided in this Contract, the Property, Inclusions or hods shall be delivered in the condition existing as of Bte date of rhb 404 Contract, ordinary wear and tearexcepred. 405 19.1. Cfsuahy Insurance [n the event the Property or Inclusions era damaged by Foe or other casushy prior to Closing in sr 406 amount of notnwrediantenpetcentofthetotalPurchasePrice,Selkrshallbeobligikdtoropairthesamebe(oreClasing Dsu 407 (§ 2.}), [n the event such damage is not repaired within said time or if the damages exceed such sum, Ibis Contract may be t;aSLa•Dt, eenaatl W Buy one sun Neat Fatale lal Typos of Pmpenier) with Cbare InaWdiom. Ceblee0 Real E9are Commiee~yn ReatF4lT®^ em.0apaa, ~/pr)im 6.15. Saflra2 Rtra161wad lo'. ~n 1(¢rft tNn Keral, P.C. pa6e d t_ t s~y(r, out7loe ~t:oa:as swans) aurerfa) °/~ ' Apr 18 08 03: 12p Zar' ~~i 703-~ ~4-3549 p. 16 Apr. Il. LUUii" l:49YIw"'~ R;pen rrl°rJltdl 6;rc"~ °'.'° ". . 223 such time, buyer accepts [he provisions of the C1C Documents, and Buyol's right to terminate this Contract pursuant b this 224 section is waived, notwithscandingrhe provisions of § 8.5. 225 NOTE: If no box In this § 7.4 is checked, the provisions of § 7.d.d.) shall apply. 226 8. TITL[;ANDSURVEYREVIEW. 227 8.1. Title Review. Buys shall have the right m inspect the Title Documents. Written notice by Buyer of unmerohantabi8ty of 228 title, form or content of Title Commianent or of any other unsatisfactory title condition shown by the Tide Documents, 229 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered W Seller on or before Title Objection Dadline 270 (§ 2.3), or within five calendar days aRor receipt by Buyer of any change to the Title Documents or endotsemerrt to the Trtle 231 Commttmmt together with a espy of the document adding any new l;xeepuon to titles ]f Sdbr does not neelve Buyer's nonce 232 by the date specified above, Buya a~epn the condition of title as disclosed by the TStle Documents as suisfttctory• 233 8.2, Matters not Shown by the Public Records. Seller shall deliwrto Brryor, on or before O(&ftecord MattefsDeadliae 274 (§ 2.3) true copies of all lesser and surveys in Scllera possession pertaining m the Property and shall disclose to Buyer all 275 easements, liens (elcluding, without limitation, governmenul improvt;rnents approved, but not yet installed) or oche tYle matters 236 (including, without Ilmitation, rights of first refusal, and options) not shown by the public records of which Seller has actual 237 knowledge Buya shalt have the right to inspect the Property to imastigate if any third party has any right in the Property not 23fl shown by the public records (such as an unrewrded easement, unfewrded lease, or boundary Gtw discreparKY °< wars rights). 239 Written nol~e of any unsatisfactory condition discbeed by Seller a tovealed by such wpeaion, notvrrthstanding § 13, shall be 2a0 signed by or on behalf of Buyer and given to Seller on or before Off-Record Halters Objection Deadline (§2.3). IfSeller does 241 not raeive Buyer's notice by said deadline, Buyer aeeepts title subjea to rush rights, if arty, of third parties of which Buyer has 242 actual knowledge. 243 8.3. Survey Review. 244 ^ 8.3.1. Nat Applicable. This § 8.3 shall not apply. If written 245 ® 8.3.2. Coadillona) on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to insped Survey. 246 notice by or on betulf of Buyer of arty unsatisfactory condldon shown by Surveil, notwithstanding § 82 or § 13, a teoeived 247 by Setter on or before Survey Obje=Hon Dead~ne (§ 2.3) then such objection shall be dented an u ssatttllse Surve tiros gas condition. If Seller does not receive Buyer's notice'by Saraey Objection Deadppe (§ 2.7), Buyer aecepl Y 249 satisfactory. 250 8.d. Special Taaing Dutrlcta. SPECIAL [AXING DISTRICTS MAY eE SUB.frC'I TO GENERAL OBLIGATION 251 INDEBTEDNESS THAI' IS PAID BY REVENUES PRODUCED FROM AIvjV[IALTAXLEVIES ON THE TAXABLE 253 R SK P'OR (INCREASED MILLILSE IES AND EXCESSAVE TNA% B RDENS 7'O 3UPPORTNTHE SERV1CENa OF 254 SUCH DEBT WHERE CIRCUINSTANGES ARISE RESZJLTING ON THE 1NA61LITV OF SUCH A DISTRICT TO 255 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCK AN INCREASE IN MIIaL LEV63S BUYBR SHOULD 257 INDEBTEDNISS OF SUCH DISTRICTS, EXISTING M~ILTL LEVIES OF SUCH DISTRR:C ~RVICINGASUCH 258 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 259 In dte event the Property Is located within a apecW razing dutrie[ apd Buyer desiro b terminate this Co1W8U as a23 Itltl 260 writer ne[ice, by or on behalf of Buyer, is received by Sella on or bafom OfT-Record MalteB Objeefio~ ~ad~~(P )' s 2bl coDtraa shell knninate. If Seller does not receive Buyer's notice b)' such deadline, Buyer accept9 h fOPartl'~ 262 inclusion in eu=h special taxng district and wears the right to terminate for that reason 263 8.5. Right to Object, Cure. Buya's right to object shell include, but not be litrtited to tltoaa matters listed N § 13. IF Seller 264 receives notice of unmecchantability of title or any other unsatisfarlory title mndition or rpmmitmerrc terms es provided in 265 §§ S.l, fl2, 6.3 ahd 8.4, Seller shall use reasonable affor6 to rnrred wid Items and bear any nominal expense to eortcct the same 266 priorto Closing. if such unsatisfactory Utle condition is not coraected to Buyer's satufaetlon on or befota Cbsing, this Cantina 267 shall terminate; provided, howwer, Buya may, by written notice received 4Y Seller on or before Closing, waiveobjection to such 268 items- 269 8.6. Right of Ftrst Refusal or Contract Approval. If there isa right of [trst refusal on the Property, or a right [o approve this 270 Contract, Salle[ shall promptly submit this Centred according to the terfis and wnditiotts of su=h right. if the holdu of the 271 tight of first refusal exorcises such right or the holds of a tight [o approve disapproves Chia Contract, this Contract shall 272 terminate. If the right of first refusal is waived explicitly or expires, or tlta COnlract is approved, tir19 Cont2u shall remain in 273 full force end eftec[. Seller shay promptly notify Buye[ of the foregoing. If expiration M waiver of [he right of first refusal or 274 Contract approval has not ouvrred on or before Rigbto(Fltst Refusal Daadiae (§ 2.3), this Connadshell termtnata 275 6.7, Title Advsory. The Title Documents effect the title, ownership and use of the Property and should be reviewed cerefvlly. 276 Additionally, outer matters not reNeeesd in the Tike Doelanents may affeathe title, ownership end use of the Prepay, ineludinp 277 without limitation boundazy lino and ektcsoachments, area, zoning, unlewrded easements and claims of asemeats, leases and 278 other Dnreeorded agreements, and various laws and govemmenWl regulations concerning land use, development ant 279 environmental [natters. The surface vstah may be owned aeporotely from the nhderlying mineral esbte, and fraasfar of 280 the sdrface estate does not oocetsarly include transfer of the mineral rights or water rights Third parties may hold 281 interests in oil, goer other miaerelt, geothermal energy or water on or uadar the Property, which interests rosy give theca 282 rights to enter and use the Property. Such matters rosy be excluded from or not covered by he title insurance polity. Bnyd 283 is advised to timely consult legal counsel with respect to all such matter as there are Svkt time limits provided In this Conaao 284 (e,g., Title Objection headline [§ 2.3j and Off-Record Mstters Objection D.~Jtete [§ 2,3n~ 9.R5 9. LRArI.RARFtI DACNT. UDIeSa exempt, if the improvemenes on the Property include one or more residential dwellings for 1:OJ~-tl~Vl, l:oMraa b euY and Set R•al FamW (/W TYpd of ProDelfaal wah Cloainp laslaltliene• Cob,edn Real Ecbl• CanmlritGl ReaIFAST® r•. e, w,zion e.ta. boaware ReglslMed b: rase Karel. Dan tCetit, P,C. p• • 1 yy[ D1n7ma 11~0a~05 SeNer(a~ ([.f/ Buvegg ~~^/ , n ~' ~, ~` CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ertin Evans, 429-2745 DATE: 6.05.2008 PROJECT: Obem>eyer Place Subdivision and Planned Unit Development REPRESENTATIVE: Anne Goyette and Briget Bielinski Tel: 927.3141 DESCRIPTION The Applicant would like to purohase and use Un'rfs 107, 108, 109 of Obenneyer Place to operate a Primary Care Physicians' Office. The units consist of approximately 2,100 square feet. Under the new Ordinance No. 4, Series 2008 that amends the Service Commercial Industrial (SCI) zone district, Primary Physician Care Offices are permitted to operate in Obermeyer Place to a maximum of 3,500 square feet upon execution of an Insubstantial PUD amendment. The proposal requires an Insubstantial PUD Amendment. In the future, if the applicant intends to sell the units any atterafions to the walls between the units will require a condominium plat amendment or the walls will be required to be returned to the state shown on the plat prior to the sale of a unit. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.445.100.A Planned Unit Development, Insubstantial Amendment http:Ilwww.aspenpitkin.comldeptsl381citycode.cfm Review by: -Staff for complete application - Referral agencies for technical considerations -Community Development Director for final determination on Amendment - Note, a public hearing is not required for this proposal unless the Community Development Director determines the request does not meet the Insubstantial PUD review standards. Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $235lhour) Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. The contract of Purohase and Sale will be adequate proof of right to apply. 3. Completed Land Use Application Form. 4. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 5. 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, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 6. An 8112" by 11"vicinity map locating the parcel within the City of Aspen. ~"'~ '""1 ~ ,~-' 7. A site plan of the subject units and the proposed floor plan if it is available. This site plan should include calculations of net leasable area of each unit that will be used for office space. 8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 9. Additional application material as required for each specific review. (See application packet and land use code) 10. 2 Copies of the complete application packet and maps. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Errin Evans Current Planner Community Development City of Aspen 130 5 Galena Street Aspen, Colorado 81611 Phone:970-429-2745 Fax:970-920-5439 i ~,; __ r~i ASPEN COMMUNFIY DEVELOPMENT 2008 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSTT FLAT FEE Major 12 2,940.00 Minor 6 1,470.00 Staff Approvals 3 735.00 Flat Fee 590.00 Planning Department Hourly Rate 235.00 ]3oazd of Adjustment 265.00 Appeals of adverse boazd and administration 3 735.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 245.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC <1000 sq. fr. 6 1,410.00 Significant HPC >1000 sq. fr. 12 2,820.00 Demolition, Partial Demolition, Relocation 2,820.00 Insubstantial Amendment to an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 45.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 735.00 Referral Fees -Environmental Health Major 410.00 Referral Fees -Housing Major 410.00 Minor 212.00 Referral Fees -City Engineer Major 410.00 Minor 212.00 C:~Documents and Settingsyohannahr~Desktop~Fees~2008 Land Use Fees.doc r.,, ,-,. ~,, Referral Fees - Pazks Major 410.00 Minor 212.00 C:Wocuments and Se[rings\johannahr\Desktop\Fees\2008 Land Use Fees.doc /J Jun. 6. 2008 11:42AM1 Aspef~edlca! Care: .•- No.04'8~ P. 5/5 ~ \.. #4 Aspen Medical Care, P.C. 611 West Main Street Aspen, Co. 81611 Phone: 970-920-0104 This letter is to state the names of the representatives that axe authorized to act on our behalf. Metnbexs of Aspen Medical Care, P.C. include Dr. Kim Scheuer, Dr. Anne Goyette and Dr. Dewayne Niebur whose address and phone numbers are listed above. There axe two additional persons who may represent us and act on our behalf. 1. Legal counsel is Kelly Cave, Esq., Dan ICerst, P.C., 823 Blake Avenue, Suite 202, Glenwood Spxings, CO 81601, (970) 945-2447. 2. Under the terms of the Contract to Purchase Real Property dated April 17, 2008 and as amended on June 6, 2008, the Applicant is the Buyer of the Property referenced in the Application. Seller's real estate agent is Scott Niblack, Terra Realty & Management, Inc., 101 N. Spring StKeer, 109 Aspen CO 81611, (970) 948-83835. Seller's agent is authorized to act on behalf o£ the Applicant to satisfy the conditions of the Insubstantial PUD Amendment. Ktm Scheuer Anne oyette :~ 5,.,.r Caka~.-...7~Q ~~~6~-~ Dewayne Niebur Der Date 0~ Date ~~ s Date ~ ... ~~, .., ~~ ~'^ Land Title Guarantee Company ~~ Ttlc Date: OS-30-2008 ~~ra.~.E«nM.~Nr Our Order Number: Q62001518 Property Address: 101 FOUNDERS PLACE, UNITS 107, 108 & 109 ASPEN, CO 81611 BuyerBorrower: KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR Seller/Owner: ALI MOSHARI Wire Information: Bank: ALPINE BANK 000 E HOPKINS ASPEN, CO 81011 Phone: Credih. ABA No.: 102103907 Acrount: 2020010529 Attention: Kate Staskauskas Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) SS, 830.00 ALTA Loan Policy 06-17-06 5740.00 Deletion of Standard Exception(s) (Owner) $50.00 Tax Report 3X25 S75. 00 Zf Land Title Gl~arantee Company will be closing this transaction, above fees rill be collected at that time. TOTAL $2,095.00 !om CMACS 06/0 THANK YOU FOR YOUR ORDERI .,. :,, Old Republic National Title Insurance Company ALTA COMMITMENT Our Order No. Q62001518 Schedule A Cust. Ref.: Property Address: 101 FOUNDERS PLACE, UNITS 107. 108 & 109 ASPEN, CO 81611 1. Effective Date: April 18, 2008 at 5:00 P. M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $1,975,000.00 Proposed Insured: KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR "ALTA" Loan Policy 06-17-06 Proposed Insured: TBD. ITS SUCCESSORS AND/OR ASSIGNS $1,615,000.00 3. The estate or interest in the land described or referred [o in this Commitment and covered herein is: A Fee Simple 4. Tille to the estate or interest covered herein is at the effective date hereof vested in: ALI MOSHARI 5. The Land referred [o in This Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION ,~ Our Order No: Q62001518 LEGAL DESCRIPTION CONDOMINIUM UNITS 107, 108 AND 109. CRESCENT BUILDING, OBERMEYER PLACE CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP OF THE OBERMEYER PLACE CONDOMINIUMS RECORDED JULY 26, 2006 IN PLAT BOOK 80 AT PAGE 77 UNDER RECEPTION N0. 526898 AND FIRST SUPPLEMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528770 AND SECOND SUPPLEMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545903, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE OBERMEYER PLACE CONDOMINIUMS, RECORDED JULY 26, 2006 UNDER RECEPTION NO. 526895 AND FIRST AMENDMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION N0. 528769 AND SECOND AMENDMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION N0. 545904. COUNTY OF PITKIN, STATE OF COLORADO. ~~. ..., ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. Q62001518 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest [o be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit 1. RELEASE OF DEED OF TRUST DATED DECEMBER 07, 2007 FROM ALI MOSHARI TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF OBERMEYER PLACE SALES GROUP, LLC AND OBERMEYER PLACE RENTAL GROUP, LLC TO SECURE THE SUM OF $1,000,000.00 RECORDED JANUARY 11, 2008, UNDER RECEPTION N0. 545806. 2. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF ASPEN TRANSFER TAX HAVE BEEN SATISFIED. 3. WARRANTY DEED FROM ALI MOSHARI TO KIM SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR CONVEYING SUBJECT PROPERTY. 9. DEED OF TRUST FROM K[M SCHEUER AND ANNE GOYETTE AND DEWAYNE NIEBUR TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF TBD TO SECURE THE SUM OF $1,615,000.00. ITEM NOS. 1-4 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM OWNERS TITLE POLICY, WHEN ISSUED. ITEM NO. 5 WILL BE DELETED IF LAND TITLE CLOSES AND RECORDS THE DOCUMENTS. f"\ l'~ ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001518 The poBcy or policies to be issued will contain exceptions to [he 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, no[ shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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 and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said Land. 8. Liens for unpaid water and sewer charges, if any. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, [N BOOK 185 AT PAGE 69. 10. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #18 (SERIES 2003) APPROVING FINAL LAND USE APPROVALS AND GRANTING A DEVELOPMENT ORDER FOR THE OBERMEYER PLACE COWOP PROJECT RECORDED MAY 19, 2003 AT RECEPTION NO. 482691 AND AS AMENDED [N MEMORANDUM RECORDED MARCH 18, 2004 UNDER RECEPTION NO. 495612 AND AMENDMENT RECORDED MARCH 12, 2004 UNDER RECEPTION NO. 995383. I1. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS CONTAINED IN THE PLAT FOR OBERMEYER SUBDIVISION /PLANNED UNIT DEVELOPMENT RECORDED JUNE 7, 2009 IN PLAT BOOK 69 AT PAGE 44 UNDER RECEPTION NO. 998396. 12. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS /PLANNED UNIT DEVELOPMENT AGREEMENT RECORDED JUNE 7, 2004 AT RECEPTION N0. 498397. 13. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF MINOR PUD AMENDMENT RECORDED MAY 25, 2009 AT RECEPTION NO. 498039. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. Q62001518 The poBcy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 19. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE #24-2004 GRANTING A NON-EXCLUSIVE EASEMENT AND RIGHT OF WAY RECORDED JUNE 03, 2004 AT RECEPTION NO. 498285 AND RE-RECORDED DECEMBER 16, 2004 UNDER RECEPTION NO. 505186. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT GRANTED TO THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY RECORDED JULY 15, 2004 AT RECEPTION N0. 499687. 16. CONDOMINIUM DECLARATIONS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY. BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED THAT CONDOMINIUM DECLARATION FOR OBERMEYER PLACE CONDOMII RECORDED JULY 26, 2006, UNDER RECEPTION N0. 526895 AND AMENDMENT RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528769 AND SECOND AMENDMENT RECORDED JANUARY 16, 2008 UNDER RECEPTION N0. 545904. 17. EASEMENTS, RIGHTS OF WAY AND ALL OTHER MATTERS AS SHOWN ON THAT CONDOMINIUM EXEMPTION MAP OF OBERMEYER CONDOMINIUMS RECORDED JULY 26, 2006 IN PLAT BOOK 80 AT PAGE 57 UNDER RECEPTION N0. 526898 AND FIRST SUPPLEMENTAL MAP RECORDED SEPTEMBER 19, 2006 UNDER RECEPTION NO. 528770 AND SECOND SUPPLEMENTAL MAP RECORDED JANUARY 16, 2008 UNDER RECEPTION NO. 545903. 18. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT ORDER RECORDED AUGUST 15, 2007 AT RECEPTION N0. 541030. 19. EXISTING LEASES AND TENANCIES, IF ANY. ,. . ..., ,-~ LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-I1-122, notice is hereby given that: A) The subject real properly may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document [hat does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. 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 appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by dele0on of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Dale of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third pazty holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Foam DISCLOSORE 09/01/02 .~-~. .... JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and stale privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). [n the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you [o those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with [he rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PAIV.POL.ORT r,. ~^"'~ ~. A/ Commitment to Insure * * ~b ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Mimtewu carporaOm6 (Cempamy) fa a valuable cmademtion, commis [o issro its pdicy a pdides of Utk kwrance, as identified b Sdteduk A, b favor of the * * Proposed Inwred named in $dleduk A, as owner a mortgagee of the enure a interest in the laml desaibed a referred to in Schedule A, upon payment of the premiums and charges ant cempfarlce whh the requkmlerlts; all abject [o the provisions of Sdteduk A ant B ant [o the Candtians of [NS Conea[mdR. TNS Commitment shall be effective edy when the idenwy of Ole Proposed Inwred and the amolnt of the pdiry a pdkks carxdtted fa have been inserted in ShcMde A by the Company. AN fabaky and ahligation antler this canmitinent shdl ceaw ant [erldnate six months alter Ore Effective Dare a wben the pdiry a poicies camatted fa shall issue, whi[Mver first o[mrs, provided that the failure u issue wch pdky or pofdes k Ip[ the fault of the Comparry. CONDRIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall ircbde deetl of WsC wst deed, or aher searity irrsWment. 2. B the proposed Insured has a acquires actual knowledge of airy defect, lien, ercumMarce, adverse claim a other matte aHeculg the elute a interest a mortgage Ulerean caned by Uis Cammiwlm[ other than Owse shown in Shceduk B hereof, and shall ail to diubse wch knowledge ro Company in wrOklq the Camparry shal be rdleved from fadlhy fa airy bss a damage rewltbg from alry act of rdkrce hereon ro the extlvO the Comparry is prejudiced by faibre to w d6dose such knav4edge. U the proposed Irlsaetl shall diwbse such knowledge ro the Canparry, er if the Company otherwise acqures acwal knowledge of airy soh defec4 lien, elvumbrence, adverse dam a orbs matte, the Canparry a[ hs option may amend Schedule B of Nis CammRmem accordingly, hnt wch amertlmen[ sbetl rot refeve the Canparry from faNlity previously inclrted purwaM to paregaph 3 of Olece Conditiola and Stipdatiats. 3. Uadlhy of the Comparry under this Camldmlm[ shall be only u Ole named proposed Insured and wch parties included tinter the defidtlon of Inwred b Ole form of pofry a pdides canmitted for and only fa acwa bss incurred in reliance hereon b umkrtaking in good faN (a) ro compty vuhh the requirernen[s hereof a (b) u dknmau exceptials shown in SUIMuk B, a (c) [o arquke a create Ole estate a imeres[ a mortgage [hereon covered by Nis Canmhlrcnt. In ro evem shall suds liahtlhy exceed tle ammo( sated in ShcMuk A fa Ue pdicy a policies canldtted fa and wch liabtli[y is sdgect to th ileruriltg provisions and Ne Calditias and Stipuktions and the Exdusions iron Coverage of the farm of pdiry a pdicks commhted for in favor of [be proposed Inwretl whkh are hereby ircapaated by referercx old are made a part of Nis Cammihnem except as expressty modified herdn. 4. This cannimlmt is a contract ro iswe oro or mere Utle imumnce polbles and is not an abshad of Utle a a report of Ole calditian of title. Arty action a actions a tights a(acOon Nat the proposed Insured may have a may brag aganst the Comlmrry nosing art of Ole sows of the title to the elute a interest a the sows of the nwrtgage Hereon covered by this Comldtinent must be based on and are abject to Ne provisiars of tNs Canmitment. 5. The pdley u be iswed cadairls an arbitration clause. All arbhrable matters when the Amount of Insaarce is 52,000,000 a less shall be arNOated at Ule op6an of aOtler Ow Company a the bared as the exduave remetly of the parties. Yeti may revkw a wpy of tle arbtraton mks at www.aha.org. In addhbn to the matters contained in Ule Conditbrls and S[ipulatiols antl Excksbrls from Coverage above referred to, this Cammitinent is also abject u the fdlowklg: 1. Rkihts a Uaims of parties in possessbn rot shown by the Puhlk Records. 2. Easements, or dams o(easements, not shown by the Pudic Records. 3. Disaepandes, centids in boundary liras, shortage in area, ercroatlxnems, ant arty facts whidl a correct wrvey a inspection of the land would disdose and whkh are rot shown by the PWIk Records. 4. Arty fen, a right to a Fen, fa services, labor or material theretofore a hereafter famished, inymsed by law ant rot shown by [be Pudic Reuroms. 6. Defects, liens, ercumMarces, adverse daims or other matters, if any, created, firs[ appearing in Ole Public Records a aucHng wbsequerrt u tle effective dau hereof hnt prior [o Ole date the proposed inwred acquires of record fa uabe the elute a imerest a mortgage thereon covered b1'tks Commimlerlt. IN WITNESS WHEREOF, ON Repubtlc National Thk Insaarlce Cemparry has caused its capaate name and seal [o be affixed by Rs duty auOlor¢ed officers on the dau shown in Shceduk A u be vafd when countersiglletl by a vakdafing officer or other authotixed siglatay. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stork Company 400 Second Avenue Sarth ` n Minroapo0s, Mimewu 55401 p ~ _ ~adl l_ _ _ y7.,~ (612)371-1111 AuUlorOed Siyui .ttu7r~ ell 1.III CC.ORT.O6 `NP~TITIE~ •,~ ~" ~l _ ~ P. _~~ *i' _m +m; "O~ • ~. :vii#w ~,o~ .• bOTO aNaa,; #^~ 11 ~ ~ Get Google~,,,~ps on your phone ~J !~ ~ Texttheword"GMAPS"to 466453 a~~ a'..... __._ .__. _._. _ ._.. _, ..... _. __.__ -s i ~ z ~~~ boo... "2 c-' S r Jgrg+ St ~ e av ~C~ - Si ~.p0 P. rvJFiCl.$ S• 'n '~.1 rv J ~ ~ U{ pC] 41 k S/j -I` T ~: t'4nn XJ ~ ~~ j im S: `'`~ ~ - Are m a 2 1 •a G) ~ ~' . y ¢ A h, E y~ull .,r' .1~, > >~ Aa?r 0. C ~81eaier St nnr ~,, ko vt3f;jz c+ _, aA l.i 0.a k :7 ii Eil Fia 9' c may' 2 ~' ii 'o k { _ +, ,,v ~ ~ Y Gteeke~ 5t R 9aY S,~ ?'~. ~: ~eiA ~i .Z S R.n pi in~50 A,' a ', f ('3g~c;4kB F~(,ldiR S,t ~ ~ ~ ~ "~ f7 fiy'fsI'C, T {Y AIDS'ti~'P (d`z. 82 ~ E. P ~ 1 E~°1~4in3 avt, c2 ~ ~ z' hts` .~ $~ 2 Qz: r /rip (~ ~ 18". .L i'dtlt ~S'( i.' c ~i F k ' ~' Y4z~e C? i N ~ '~+.n co F rfaAy,rs a ~ + vn e e,,. (-,~. „a;,gi,e h ~H:'Fbpa amp ~ h FDuranr a i~ E rive " Q '~Yrn a an A,~a ,c , C2 ~ E.as i4=ay r4 $. si c ~ o t JLJel SI ^ s L V {).9if AYP ~i e ~ c ~ ° e.;aei < k' b-' ~ can .f ~vv- S ~iJ ', ~ ., « ooAerpye ~Gilryr, ~ r -, rat ~ a' = EL> I r want ^ir az c~ e <e t7 ~ ~ea~; St m 82 Sn~rA cr m z E Sig nm, rs p~.+h ~ f of a'*. 6't:37e,g AV,e > ' N a °%;• a cn m S F ~' a° _ _.._ tlata ®2008 NAVTEQ'"" -: ~ ~ s~''~ __.. _. _. _. oogle MaP.. _._.. ~J~SJ fz~f ~~~ ~x3p5 sr h r T N $I~eket $t ~- F.v Gra.;~e B84i F field ~~ rr 5 `YP . Get Googlr;~~s on your phone Text the word "GMAPS"to 466453 r, ;~. ~ anrs St fA Q .'J N $ Say S1 °_. R~ ~P ~~ /1~ 1 (fit l ~in F gto~Yer &1 o: E~~Sr 82 s m h c F ~9Dkipg Ape U T ..,ar; :w e ~ kr.'-ia.~ a,r ?n F Cf ' xf ,~ `m rj re 'A,x F ral ~+4'S Way E{JUIdn1RYZ a ~ Main St a 82 '. NerronPark '' P r ~ ~f'~ ~ a cQ <zv. a~ ., `ye to r ~ 7~~PArnS qye U ,ntdrr tx ~ _ ~ C iTpBki~ a 82 '?ve c~~ `n ~ ~ HYR'aa Av '~ h yW l ©2008 Google- MaD data 8~2Y1o~1~VTEdT;' " Use ~U~~~~ ne `~f.61E EIr a. ~ .. ~....,..- - - Li t81 ^ 1 X42 p~LUrG u~uir, roe t~:» ~~ ~ .~ ~, I ~ era Rt. + ~__ ./ v -.... -. -- -- ~ ... , ~/ ~ v 73. ^/ ..i - --•- ~ _ ~ i [ I~IT 71!" i ~ u/~r'~ / '' ~ ~~ 6~7 a.t. 1 7 ~~/ 7ipp.1$,. ~~~ L1.~~ v/ ~ 77~idG 1'~' i /~ . ~~/s?a / I ~ ~o '~Y / ',i ~ -. i i ~ ~~ s.f. ~ ~ UJ31 ~ / ~, ' ~ Lf.f ~ I. v'`% \` ~ ~.\ . i ~. n ~ I s I ~ Lf.id~ ~ .. i' ! / t ' ~ i t ~ 'r ~ ~ ~; ; ~ y •I ~ c i ' ;1 ~ /~ , PLAN VIEW -~~ i ' ' ' ~ ~ ~ '~'~. %~ ~~. CRESCENT BUILDIl -fi~ ' ~ ~ ~ , ~ ~~ '~' ~~ FIRST FLOOR ~, l i -° i ~ ~ ~ ~ ~~- ~~ s~ ,~ ~~ ~4~ ~' o , - o ~ [ ~a~ o ~ ~ /n ~ ~4 ~ ~ ~ °~ ~~~ ~ p ~:~ ~ ~. ~:~ ~~ ~~ yy}a / 0 ~y / L ~' r~ ~~ ~ ~~~ ~ ~ 9.R _ ~ ~~~~ I o-~_ i I I - ~ m ~a~ -- I ~ 'da~~,-. 1g I 5 I , a t ~ s i~ s; ~ ~ r ` ~ ASPEN MEDICAL CARE 1; ` ~B r s ~ CRESCENT BUILDING 107-109 ~ 3 r ~ ~ ~~,E..~ ~ #$ Written Description and Response to Review Standards Aspen Medical Care, P.C. proposes the use of the existing SCI space located at 107, 108, 109 Founders Place as the location as a primary care office. The build out of the current raw and unfinished space shall include the addition of office walls and useable bathrooms which plans shall be reviewed by both the Aspen building permit department and the Obermeyer HOA for structural accuracy. The use for Primary Medical offices is currently allowed in the Obermeyer PUD up to 3500 sq fr. There are currently no medical offices in any space of the PUD. This parcel has a gross foot print of 2,100 square feet which is under the 3,500 use allowable under current zoning. Applicant is a primary health care provider which has been practicing in Aspen for the past 11 years. Amendment of PUD development Order: 1. Current usage allowed Medical offices up to 3,500 sgfr in the Obermeyer PUD subdivision. Current character of the PUD is first and second floor business. There is no change. 2. This is an application to occupy and existing structure of 2,100 sq fr. There is no increase in overall coverage of structures on the land. 3. This location is located in current SCI business zone district which are Defined by primarily non-retail business areas with limited customer reception. There is no substantial increase to usage. 4. This is an application to occupy an existing structure of 2,100 sq fr. There is no reduction to open space. 5. This is an application to occupy an existing structure of 2,100 sq fr. There is no reduction of parking. 6. This is an application to occupy an existing structure of 2,100 sq ft. There is no reduction of required pavement widths or right-of-ways 7. This is an application to occupy an existing structure of 2,100 sq ft. There is no increase in gross leasable floor area. 8. This is an application to occupy an existing structure of 2,100 sq ft. There is no increase in residential development. 9. This is an application to occupy and existing structure of 2,100 sq fr. There is no change from the projects approved use or dimensional requirements.