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HomeMy WebLinkAboutLand Use Case.900 W North St.0042.2008.ASLU~._ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0042.2008.ASLU 2735-12-2-13-001 900 W NORTH ST JENNIFER PHELAN SUBDIVISION EXEMPT JENN HALL 11/12/2008 CLOSED BY Angela Scorey ~.Q~ Z73S-!a -- -3- e-o~ ~~2.2o~s~~s~ U 2-735 I Z -~ ~ ..~~. , File EdR gemrd yays3ate Fgm Reports Format Iab tie4 ~lt~~ld~.a^~~~J h~A;3 mi TYPa ~as/a JASpen LanO Use PermR f ~0092.2008.ASlU Addres 900 W NORTH ST J AptfSUite City ASPEN 4ete CO . Zq Blfill J Nestor PormT~J Rou[In9 Qeeua aslu07 Applied f30f2008 J Pro(ect J $taN6 pending Approved ~J Description CONDOMINIUMRATION aF E%ISTING STRL1CTLpE AT 900f910 W. NORTH STREET Tswed ~J F~ ~J Subniited TENN HALL-9709041091 Cork RunrYnq Daysr ~ Expires 0912512009 J __. Owner __... _ _. Last Name MEADOWS NORTH, LLC J Frst Name ~ 675 MEADOWS RD Phare (WO)925-5050 ASPEN CO elan r Ovaer Is Appkant7 ADdicant Last None MEADOWS NO0.TH, LLC ~ F# Name ~ 675 MEADOWS RD Phae (9]0)925-5050 Curti 28404 ~I ASPEN C061611 _. __ _.._ _. _. J Lander __.. Last Norte ~J Fret Name Wrore v`~ ~ ~ `~ ti~ ti ~-# 3 I S"7 C~.-~ Ate- ~.~3~~. CIiC.~ ~~ ~ 24358 ~~ -, PROJECT: ATTACHMENT2-LAND USEAPPLICATION Name: ~~aG~t~uJ~ /Ucm~~r ("OYZ,~f~rrunl~ufnitCc~b/1 Location: JOC ~-/~O Ce%-a T' iL%~~e;th ~JTi`Cti~-- /Ps~r1./a-flaC~c~~/ 'cafe street address lot a@ block number le descri tion where o Parcel ID # (REQUIRED) 735 I a a, /3a E~ / APPLICANT: Name: l~~~~niT> ~, f~0i'tI'1 ~, LL- ~~ Address: `-]? ~ ~~P G~~L~ GcJ Cki tf 1 V~P t ~~~F-Y1 ~ C C')~~,' ~ (9 ~ Phone#: Cj-7U ~- cj } S -- SD 50 REPRESENTATIVE: Name: Y ~ ' (A ( ~ ~ ~' Address: ~ ~' ~ ~C t C: ~ ~ ~~ Phan #: ~ , i -- Cry - U« TYPE OFAPPL[CATION: (please check all that apply): ^ GMQS Exemption ^ Conceptual PUD ^ Temporary Use ^ GMQS Allotment ^ Final PUD (& PUD Amendment) ^ Text/Map Amendment ^ Special Review ^ Subdivision ^ Conceptual SPA ^ ESA - 8040 Greenline, Stream ~ Subdivision Exemption (includes ^ Final SPA (& SPA Margin, Hallam Lake Bhrff, condominiumi~on) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Odrer: Conditional Use Have you attached the following? FEES llUE: 5 ' I ~ 7 Wi`t' ^Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #3, Dimensional Requirements Fam ^ Response to Attachment #4, Submittal Requirements- Inch~ding Written Responses to Review Standards ^ 3-D Model far large project All phu>S that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written tent (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic ~D model. Your pre-application wafereoce summary wiR indicate it' you moat arbmit a 3D model. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 9/26/08 PROJECT: 900/910 W. North Street APPLICANT: Sallie Golden REPRESENTATIVE: Jennifer Hall TYPE OF APPLICATION: Condominiumization DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. Condominiumi7ation review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Developmertt Review Procedures 26.480.090 Condominiumizatlon Review by: -Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of stafftime (addifional stafftime required is billed at $235 per hour) Referral Fees: None Total Deposit: $735.011 Total Number of Application Copies: Subdivision and associated reviews: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Sununary. 7. An 8 1/2" x I 1"vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11.A11 other materials required pursuant to the specific submittal requirements. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current inning, 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. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT .~oreement for Payment opf~City of Aacea Devekoment Aoolication Fees CITY OF ASPEN (hereinafter CITY) and ! ~l Q0. CtL7 :, Nf?YL{~{'l , L i~ ~'_ (hereinafter APPLICANT) AGREE AS FOLLOWS: !1 1. APPLICANT has submitted to CT)'Y an application foF - lY)rY~nt"YIIYI II,I VYL17~."~1 DYl C eiCi;S~]~n~ ~ ructu~~. ctfi" ~. (hereinafter, THE PROJECT) 0 L(l, Naz-1h ~treFt 2. APPLICANT understands and agrees that the City of Aspen has an adopted fce 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 the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of fhe costs irnolved in processing the application. APPLICANT and CITY furflter agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to iheteafter pewit additional costs to be billed to APPLICANT m a monthly basis. APPLICANT agrees additional coat may accrue following their beatings and/or approvals. APPLICANT agrees be will be benefited by retaining greater cash liquidity and will make additional payments upon ratification by the CITY when they are necessary as costs are incurred. CTTY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT finther agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historin Preservation Commission, Planning and Zorring Commission a~/or City Council to enable the Historic Preservation Commission, Flaming and Zoning Commission and/or City Council to make legally required findings for project consideration, udess current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in considemtion of the CTTY's waiver of its right to collect full fees prior to a dektmination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ r135 . ~ O which is for _~_ hours of Commumity Development staff time, and if actual recorded costs execed the initial deposit, APPLICANT shall pay additional mmtlrly billings to CTTY to reimburse the CITY for the processing of the application mentioned above, including post approval review a< a rate of $235.00 P~ Flamer hour over the initial deposit. Such periodic payments shell be made within 30 days of the billing date. APPLICANT further agrees tluat failure to pay such accrued costs shall be grounds for suspension of processing, and in m case will buildnrg permits be issued until all costs associated with case processing have been paid. C1TY OF ASPEN ~~ Chris Bandon Community Development Director APPLICANT ~. ~ I~~„~ ~t~l~~ vLt I i~ - c G eY), 1v1~.vnb2Y Dsk: Billing Address and Tekphoae Number. ,yl it ~ r3 I (u l 1 _ ~c ti c~., ivlca~'oti.U~ t~+e LtrC- covenant and agree to pay to the Association Common Expense assessments as the same are levied from time to time. Such assessments shall include late charges, attorney fees and costs of collection charged by the Association. All Common Expense assessments shall be the personal obligation of the Owner at the time when the assessment becomes due. No Owner shall convey its Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. The Common Expense assessments shall be a continuing lien upon Unit Against which each such assessment is made and is subject to the Association's right to foreclose as provided by the Act. Acceleration of any installment of the annual Common Expense assessment shall be in the Association's sole discretion on a case by case basis. Section 5.3 Apportionment of Common Expense. Common Expenses shall be assessed against the Units equally on a fifty-fifty (50/50) basis, regardless of any expansion of a Unit which may be provided for herein. Section 5.4 AssessmenUCommencement of Common Expense Assessments. The Common Expense assessments shall be levied by the Association based upon the Executive Board's advance determination of the cost of any item of Maintenance or the amount of an Insurance premium from time to time. Section 5.5 Effect of Non-Pavment of Assessments. Any assessment provided for in this Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall bear interest at the rate of twenty-one percent (21%) per annum. Further, following ten (10) days' notice in writing given to the Owner, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessment, or installments thereof, may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner's Unit, provided that the Owner shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including interest and costs. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments or installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. For the purposes of collecting upon an unpaid assessment the provisions of Article 3 above need not apply, and the non-delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non-delinquent owner, to do and pursue all things that the Association is authorized to do under this Declaration in the case of a delinquent assessment, and reference is made to the provisions of Section 9.4 below. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.1 Maintenance (a) Association's Responsibility. The Association shall be responsible for the maintenance, replacement, and repair to assure the proper functioning and first class quality (collectively, the "Maintenance") of all those portions of the Common Interest Community whose Maintenance has not been assigned to an Owner by the remaining provisions of this Section 6.1. The Association's maintenance responsibility shall specifically include the maintenance of the Common Wall, portions of the Utilities, and portions of the Drainage Structures as set forth in this Article 6. {00192361.000 / 31-6- (b) Owner's Responsibility. For purposes of maintenance repair, alteration and remodeling, an Owner shall have the right and the obligation to maintain, repair, alter and remodel: (i) such Owner's Unit; (ii) any and all new additions to a Unit hereafter made by the Owner thereof. Notwithstanding the foregoing, without the prior written consent of both Owners, which consent shall not be unreasonably withheld, no Owner shall: (i) modify the Common Wall; the Utilities, or the Drainage Structures. (i) Maintenance of Utilities. For any Utilities located within a Unit and which serve both Units, the Owner of the Unit in which such Utilities are located shall also be the Owner of the Utilities located within such Owner's Unit, provided however, that for any portion of such Utilities which serve both Units, the other Unit Owner served by the Utilities have a right to use such facilities for their intended purposes, and the Association shall have the duty to repair, maintain and replace such Utilities from time to time. (ii) Maintenance of Drainage Structures. Additionally, for any Drainage i~ Structures located within a Unit and which serve both Units, the Owner of the Unit in which such Drainage Structures are located shall also be the Owner of the Drainage Structures located within such Owner's Unit, provided however, that for any portion of such Drainage Structures which serve both Units, the other Unit Owner served by the Drainage Structures have a right to use such facilities for their intended purposes, and the Association shall have the duty to repair, maintain and replace such Drainage Structures from time to time. Each Owner shall, at such Owner's sole cost and expense: (i) keep and maintain in good order and repair the equipment and those Utilities and Drainage Structures located in such Owner's Unit, which serve that Unit exclusively; (ii) maintain in good order and repair any finishing or other materials on the improvements in that Owner's Unit; (iii) maintain in a neat and clean condition, the decks, yard, landscaping, fences, walls, sidewalks, porches, roof, balconies or patio areas located on such Owner's Unit. Section 6.2 Insurance. (a) Association's Insurance. The Association may maintain from time to time property insurance on the Common Wall, or portions of the Utilities or Drainage Structures serving both Units for not less than the full insurable replacement cost thereof as the Executive Board may establish from time to time. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of "A" or better as shown in the published rating of AM Best Company. (b) Owner's Insurance. Each Owner shall maintain such property and liability insurance with respect to its Unit as such Owner may establish from time to time. Each Owner shall use its best efforts to cause each insurance policy obtained by it to provide that the insurance company waives all right of recovery by way of subrogation against the other Owner and the Association in connection with any damage covered by any policy. (c) Waivers. Subject to obtaining the wavier of subrogration endorsement required by the Acf, the Owners release each other and the Association, and their respective {00192361.DOC / 3}-7- .-. s -.. authorized representatives, from any claims for damage to any person or to the Units that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. (d) Obligation to Repair or Replace. In the event of a casualty with respect to the Common Wall, or portions of the Utilities or Drainage Structures serving both Units, the Association shall replace the Common Wall, or portions of the Utilities or Drainage Structures serving both Units as necessary to restore them to their condition before the casualty event. A: provided by the Act, the proceeds of the insurance earned by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.3 above, provided, however, that the Executive Board shall reallocate such assessment between 900 West North Street and 910 West North Street Member Groups to the extent that the restoration benefits do not benefit both Units substantially proportionately to their allocated interests. Notwithstanding the foregoing, if the casualty was caused by the misconduct of an Owner, the amount needed to effect the restoration after use of the Association's and such Owner's insurance proceeds shall be assessed exclusively against such Owner's Unit. Section 6.4 Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner's Unit, after all mortgages and liens on the Unit have been satisfied or otherwise discharged. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. (b) Partial Taking. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. ARTICLE 7 RESTRICTIONS ON USE Section 7.1 Use and Eniovment of Unit. Subject to the limitations herein contained, each Owner shall have the sole use and enjoyment of all areas marked on the Map as being part of, or appurtenant to, such Unit. Furthermore, each Owner shall have the sole responsibility to maintain each Unit (and the portions of the Utilities and Drainage Structures which do not serve both Units), at such Unit owner's cost, and in a first class condition. Section 7.2 Use of Common Wall, Utilities, and Drainage Structures. Subject to the limitations herein contained, both Owners shall have the nonexclusive right to use and enjoy the Common Wall, the portions of the Utilities which serve both Units, and the portions of the {00192361.DOC / 31-8- ,~._ September 29, 2008 Jennifer Phelan Deputy Director Community Development City of Aspen 130 South Galena, 3`" Floor Aspen, Colorado 81661 Re: Letter of Authorization for 900/910 West North Street Dear Jennifer- This letter wnfirms that Jennifer Hall, Esq. is authorized to act on behalf of Meadows North, LLC with respect to its application for condominiumization of its property located at 900/910 West North Street. Jennifefs contact information is as follows: Post Office Box 11711 Aspen, Colorado 81611 (970)404-1091 The contact information for Meadows North, LLC is as follows: Sallie Golden, Member Meadows North, LLC 721 Meadowood Drive Aspen, Colorado 81611 (970)925-5050 Sincerely, ~~x~, ~~~ Sallie Golden, Member Meadows North, LLC iUDT fiw~i~ Gl~6l~ ATTACHMENT 3 ~ DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may within the high water mark, easements, and steep slopes. l definition of Lot Area in the Municipal Code.) , Commercial net leasable: Number of residential traits: Number of bedrooms: Existing: Proposed.• Existing: Proposed.• Existing: Proposed! Proposed % of demolition (Historic properties DIMENSIONS: refer to the Floor Area: Existing: Allow le: Proposed: Ptinapal bldg. height: Existing.• All able: Proposed: Access. bldg. height: Existing: llowable: Proposed: Qrt-Site parking: Existing: Required: Proposed.' Site coverage: Existing: Required: Proposed.• DPI Space: Existing: Required.' Proposed: Front Setback: Existin Required.• Proposed: Rear Setback: Exis ' g.• Required.• Proposed.• Combined F/R: Ex' ling: Required.• Proposed: Side Setback: fisting: Required.• Proposed: Side Selbac ~ Existing: Required.• Proposed.• Combined Si Existing: Required.' Proposed.' Distance B een Existing Required: Proposed.• or encroachments: requested: ~~~ D ~ ~~~'/1'~i ~ 4~~ ATTACHMENT? AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: SCHEDULED PUBLIC HEARING DATE: STATE OF COLORADO ) ss. Couuty of Pitlcin ) I, being or representing an Applicant to the Ciiy of Aspen, C certify that I have complied with the public notice require) (E) of the Aspen Land Use Cade in the following manner: name, please print) ereby personally Section 26.304.060 Publication ofnodce: By the publication in the 1 notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the pubhc hearing. A copy of the licadon is attached hereto. Posting of notice: By posting of notice, w 'ch form was obtained from the Community Development Department, 'ch was made of suitable, waterproof materials, which was not 1 than twenty-Iwo (22) inches wide andtwenty-six (26) inches high, and 'dt was composed of letters not less than one inch in height. Said lice was posted at least fifteen (IS) days prior to the public hearing and w co~inuously visible from the _ day of . 200 and including the date and time of dte public hearing. A photograph oft posted notice (sign) is attached hereto. Mailing of notice. By th mailing of a notice obtained from the Community Development Dep t, which contains the infomration described in Section 26.304.060(Ex2) of a Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, otice was hand delivered or mailed by first class postage prepaid U.S. mail all owners of property within three hundred (300) feet of the property subj o the development application. The names and addresses of properly own shall be those on the current tax records of Pitlun County as they appeared no ore than sixty (60) days prior to the date of the public hearing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ... ~-~c.~ A~~~ / ~c~2~~ Rezoning or text amendment. Whenever the official zoning district map is ' any way to be changed or amended incidental to or as part of a general re 'ion of this Title, or whatever the text of this Title is to be amended, whether uch revision be made by repeal of this Title and enactment of a new land regulation, or otherwise, the requirena~t of an accurate survey map other sufficiant legal description oF, and the notice to and listing of and addresses of owners of real property in the area of the proposed ge shall be waived. However, the proposed zoning map shall be avail a for public inspection in the plarnwrg agency during all business howl f fifteen (IS) days prior to the public hearing on such amendments. The foregoing "Affidavit of Notice" was of , 200 by _ me ties _ day MY HAND AND OFFICIAL SEAL commission expires: Notary Public ATTACfIMENTS: COPYOF THE PUBL/C,AT70N PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OIrTHE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL i Project Description 900 and 910 West North Street Meadows North, LLC proposes to convert the form of ownership for the duplex residential structure located at 900 and 910 West North Street to a condominium form of ownership. Meadows North has complied with the provisions of the City of Aspen Land Use code 26.304 by attending apre-application conference and submitting an application and fees that meet the requirements of section 26.304. Inducted with the application is a plat of the property that complies with the provisions of section 26.480.090. d~ Issned By ATTORNEYS Attorneys Title Insurance Agrncy of Aspen, LLC TITLE GUARANTY "~"'~"`m" FUND INC. 715 W. Main Street, Suite 30-0. Agten Colorado R I(1 I ~ t{Nm+) 0)925-iG25 Irrreno~r Ire o or o n•er:r rgnni=nliorr /nr it r ncurua[r COMMITMENT FOR TITLE INSURANCE ATTORNEYS TITLE GUARANTY FUND. INC., a Colorado corporation, herein callyd the Company, fiir a valuable consideration, hereby commits to issue its policy or policies of tide insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule .4, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premittms and charges therefor, all subject to the pmvisions of Schedules A acrd B and to the Conditions and Stipulations hcrrnf. This Commitment shall be etfecticc only when the idemity of the proposed insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the titrre of the issuatce of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and letminate six (IS) months after the effective date hereof and when Me policy or policies committed for shall issue whichever first occurs, provided that the failure to issue such policy or policies is not the fauh of the Company. This Commitment shall not be valid or binding until coumersigtted by a validating officer or authorized signatory. IN WITNESS IIEREOF, the Company has cattle its corporate [tame and seal to be hereunto affixed by its duly autlrnrized officers, effective as of the date shown in Schedule A as "Effective Date". ATTORNEYS TITLE GUARANTY FUKD, INC'. ~~-~~ CHRISTOP[IER J. CONDIE PRESIDENT CONDITIONS AND STIPtiLATIONS The teen mortgage, when used herein, shall include deed of tmsY, trust deed. nr other security instrument ?. 1f the proposed insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other minter affecting [he estate or imerest or mortgage thereon covered by This Commimtent other than those shown in Schedule B hereof, and shall fail [o disclose such knowledge to the Company in writing, the Company shall be relieved from liuhility for any loss or damage resulting from any act of reliance hereon to the euent Ute Company is prejudiced by failure to so Jisclosc such knowledge. If the proposed lnsured shall disclose such knrnvledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect lien, encumbrance, adverse claim or other Knauer, the Company at its option may amend Schedule B of this Commimtent aceordingly, but such amendment shall not relieve the Company from liability previously incurted pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company wider this Conmtitment shall be only to the named proposes Insured and such purcies included under the definition of Insured in the fomt of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (bl to eliminate exceptions shown in Schedule D, or tcl to acquire or aeate the estate or interest or mortgage thereon covered by this Cwnmitment. In nu eveN shall such liability exceed the anwunt stated in Schedule A for the policy or policies committed I'or anJ such liability is subject to the insurin¢ provisions, and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in tacor of the proposed lnsured which are hereby incorporated by inference and arc nurJc a pan of this Commitment except as expressly modified herein. 4. Any claim of toss or damage, whether or not based on neglieence, and which arises out of the status of title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the pmvisions and conditions and stipulations of this Commimtent. It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company far the purpose of defrauding or attempting to defraud the Company. Penalties may include impriwnment, fines, dcniol of insutancc. and civil damages. Any insurance compatry or again of an insurance company who knowingly provides false, incontple[e. or misleading facts or information to the policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or aavard payable from insurance proceeds shall be reporceJ to the Colorado Division of Insurance within the Department of Regulatory Agencies. Amcrknn Lary Tick Aswciatiun f'ommii ~nt COMMITMENT NO. PC200809000390 File No. PC08002650REV1 SCHEDULE A Attorneys "title Guaranty Fund,lnc. 1. Effective Datc: 8/13/2008 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy. Amount $9,000,000.00 $13,960.O!) Proposed Insured: Luke David, LLC, a Colorado Limited Liability Company Certificate of Taxes Due $10.00 Endorscmcros: $400 Additional Charges: $(1.00 Total $13,970,00 The cstatc or interest in the land described or referred to in this Commitment and covcrcd hcrcin is vested in Meadows North. LLC, a Colorado Limited Liability Company 4. The cstatc or intcrcst in the land described or rcfermd to in this Commitment and covered hcrcin is a Pcc Simple 5. The land referred ro in this Commihnent is situate in the county of PITKIN, State of Colorado and is described as follows: See Schedule C auachcd hereto. For infornlational putposcs only, the property address is: 900 Wcst Nonh Strcct, Aspen, Colorado 8161 I Gary A. Wright Aut orizcd Officer or Agent 2622 Member Number FOR INFORMATION OR SERVICES 1N CONNECTION WITH TIIIS COMMITMENT', CONTACT: Gary A. 1Vright, 715 W. Main Street, Suite 304, Aspen Colorado 81611, Phmtc: (970) 925-5625, Eax: (970) 925-7348 1'1115 CU]t\11TNfxT IS ISCrED SCW [CT T(I 111C SLYI E\IF:.\T OF Tf.R~IS, CnSgT10SS ASD STIPQA'r10x5 ATTACIIrD American Land Title Association Commitment COMMITMENT NO. PC200809000390 FILE No. PC08002650REV I SCIIF.DULE B -Section 1 - Rcyuircments The following are the requirements [o he complied with: Attorneys Tiflc Guaranty pond, Inc. ar. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and%or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us in writing the name of anyone not referred to in this C'ommitmcnt who will get an interest in the land or who will make a loan on the land. We may then make additional rcquircrnents or exceptions. c. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which arc due and payable. f. A Certification of Taxes due listing each taxingjurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Scnatc Bill 92-t43, CRS 10-I I-122). g. Receipt by the Company of [he appropriate affidavit as ro new construction and indemnifying the Company against any unfilcd matcrialmcn's or mechanic's liens. h. Certificate of good standing from the Colorado Secretary of State for Meadows North, LLC, a Colorado Limited Liability Company. i. CcrtiScatc of good standing from the Colorado Secretary of State for Lukc David, LLC, a Colorado Limited Liability Company. j. Record a Statement of Authority to provide prima facie evidcncc of cxistcnec of Meadows North, LLC, a Colorado Limited Liability Company, an entity capable of holding property, and the name of the person authorized to cxecutc inswmcnts affecting title to real property as authorized by C.R.S. fi38-30-172. k. Record a Statement of Authority to provide prima facie evidcncc of cxistcnec of Lukc David, I_LC', a Colorado Limited Liability Company, an entity capable of holding property, and the name of the person authorized to cxecutc instruments affecting title to real property as authorized by C.R.S. §38-30-I72. I. Warranty Dced from Meadows North, LLC, a Colorado Limited Liability Company to Lukc David, LLC', a Colorado Limited Liability Company conveying Subject Property must be suflicicnr to convey Ute I'ec simple estate or interest in the land described or referred to herein, to the proposed insurcti, Schedule A. item 2A. NOTE: C.R.S. y~'38-35-109(2) required that a notation of the purchaser's Icgal address, (not necessarily the same as [he property address) be included on the face of the Decd to be recorded. m. An ALTA~'ACSM Land Survey sufficient in content and form and ccrtiticd to the Company must fk furnished to the Company. Exception will be taken to adverse matters tlischased thereby. n. Release of the Dccd of Tnst from Meadows Nonh, LLC, a Colomdo Limited Liability Company m the Public Trustcc of Pitkin County for the benefit of Colorado Business Bank to sccurc an indebtedness in the principal sum of $2,625,000.00, and any other amounts and/obligations sccurcd thcrcby, dated November 30.2005 and recorded on December 5, 2005 as Reception No. 518058. o. Release of the Constmction Dced of Trust from Mcatiow~s North, LLC, a Colorado Limited Liability Company to the Public Trustee of Pitkin County for the bcnctit of Colorado Business Bonk to sccurc an indebtedness in the principal sum of $4,624,000.00, and any outer amounts antVobligatiorn sccurcd thcrcby, dated September 01, 2006 and recorded on Octohcr 02, 2006 as Reception No. 529291. p. Release of the Construction Dccd of Trust from Meadows North, LLC, a Colomdo Limited Liability Company to the Public "trustee of Pitkin County For the benefit of Colorado Business Bank to scetue an indebtedness in dtc principal sum of $2.200.000.00, and any other amounts antL'obligations sccurcd thcrcby, dated April 3, 2008 and recorded on April 22, 2008 as Reception No. >48516. q. This Commitment is subject m review and approval by Attomcys Title Guaranty Fund. Inc. Note: If the sales price of the subjeM property exceeds $100,000.00, the seller shall be rcyuircd to comply with American Land Title Assuciation Commitment COMbUTMENT NO. PC200809000390 PILE No. PC08002GSORIiV 1 SCHEDULE B - Section I -Requirements the disclosure or withholding provisions of C.R.S. §39-22.604.5 (non-resident withholding). Attorncps Title Guaranty Fund, Inc. Note: Effective Scplembcr 1, 1997, C.R.S. §30-10-406 requires that all ducumcnts received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a Icfl, right and bottom margin of at Icast one-half inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and rcainicr fitr recordation must be accompanied by a Real Property Transfer Declaration. This Dcclamtion must be completed and signed by the grantor (seller) or grantee (buyer). American Land Title Association Commitment COMMITMENT NO. PC200809000390 FILE No. PC08002650RGV I Attorneys '1'itlc Guaranty Fund, Inc. SCHEDULE B -Section 2 -Exceptions Schedule B of the policy or policies to be issued will contain cxccptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easemenLS, not shown by the public records. 3. Discrepancies, conflicts in Iwundary lines, shortage in area, cncroachmcnts, and any facts which a corccct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien. for services, Tabor or material heretofore or hereafter famished, imposed by law and not shown by the public rcrnrds. 5. Any claim, which arises out of the transaction vesting in the Insured cstatc or interest insured by the policy to be issued hereunder, by reason of the operation of federal bankntptcy, sl•.nc insolvency or similar creditor's rights laws. 6. Defects, liens, cncumbranccs, adverse claims or other matters, if any, created, lirst appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for vnluc of record the cstatc or interest or mortgage thereon covered by this Commitment. 7. Taxes for the curccnt year, including all taxes now or heretofore assessed, due, or payahlc. NOTE: Upon wtnpliancc with undcnvriting requirements, cxccptions numbered will be omitted from the Loan Policy to be issued hereunder. 8. Tams, conditions, provisions, agrcetncnts and obligations specified under the Agreement by and bctwccn David Mcnschcr and Lclya J. Mcnschcr and Winticld "I'. Dutbin recorded on October 14, 1975 in Book 304 at Page 120 as Reception No. 178452. 9. Terms, conditions, provisions, agreements and obligations specified under the A6mement by and bctwccn Rosa W. Durbin and Winfield T. Durbin and David Mcnschcr and Lclya J. Mcnschcr rccorcicd on October 14, 1975 in Book 304 at Page 129 as Reception No. 178453. 10. Terms. conditions, provisions, agreements and obligations specified under the Agrccmcm by and bctwccn David Mcnschcr and Lclya J. Mcnschcr and ~4'inficld T. Durbin rmordcd on October 14, 1975 Bnuk 304 at Pagc 143 as Reception No. 178461. 11. Terms, conditions, provisions, agrccmrnts and obligations specified under the Resolution by and txtwccn Nonh Meadows, LLC, a Colorado limited liability company and Paul Turner and Molly Brooke recorded on December Ol, 2005 as Reception No. 518002. 12.Tcrms, conditions, provisions, agreements and obligations specified ands the Agrccntent w Conlirm Common Boundary Location by and between Meadows North, LLC. a Colorado limited liahlity company and Paul 'J'umcr recorded on July 27, 2006 as Reception No. 52G940. 13. Terms, conditions, provisions, agreements and obligations specified under the Trench, Conduit, and Vault Agrmmrnt by and bctwccn Meadows North, LLC, a Colorado limited liability company and holy Cross Energy recorded on January 09, 2008 as Reception Nu. 545718. 14. The following conditions and stipulations, as contained in the patent recorded Decxmber U3, 1892 in Book 55 al Pagc 35 as Reception No. SOI93 : First That the grant hereby made is restricted in its exterior limits to the boundaries of the said mining premises and to any veins or lodes of quartz or other rock in place, bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposits, which may have been discovered within the said limits, and which were not known to exist an the 19th day ol'Octobcr. 1890. Second: That should any vein or lode of quartz or other rock in place, bearing gold, silver, cinnabar, Icad, tin, copper or other valuable deposits, be claimed or known to exist within the shove described premises at said last-named date, the same is expressly excepted and excluded from these presents. Third: That the premises hereby conveyed may be entered by the proprietor of any vein or lode of yuaru or other rock in place, bearing gold, silver, cinnabar, Icad, tin, copper or other vahtablc deposits, fur tltc purposes of extracting attd removing lhC ore from such vein, lode or deposit, should the same, or any pats thereof, bet found to prnevate, intersect, pass through or dip into the mining grourul or premises h~7iby granted. American Land Title Association Commitment COMMITMENT NO. PC200R09000390 FILE No. PC08002650REV I SCHEDULE B -Section 2 - F.xccptions Attorncvs Title Guaranty Fund, loc. Pmtrh: That the premises hereby conveyed shall be held subject to any vested and accruMl water rights lix mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs usctl in connection with such water rights as may be recognized and acknowledged by the Itxal laws, customs and decisions of courts. Fifth: That in the absence of necessary legislation by Congress, the Legislahtrc of Colorado may provide rules for working the mining claim or premises hereby grunted. involving cascmrnts, drainage and other necessary means to the complete development thcrcol: The Owner's policy to be issued hereunder will contain, in addition to the items set frnth in Schedule B -Section 2, the following items: (I) the mortgage, if' any, required under Schedule B -Section I, Item (c); (2) unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof water rights, claims or title to water, (3) any and all unpaid taxes, assessments and unredeemed tax salts. Note: Colotndo Division of Insurance Regulation 3-5-I, Section 7, Paragraph E, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing (and settlement service that is in conjunction with it's issuance of an owners policy of title insurance) and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Note: Exception 4 of Schedule B, Section 2 of this Commitment may be deleted from the policy(s) to be issued hereunder 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 may have been furnished by mechanics or matcrialmcn fur purposes of conslnrcuon nn the hmd described in Schedule A of this Commitment within the past 13 months. C. ATGF must receive the appropriate affidavit(s) indemnifying ATGF against mechanic ti and malcriahncri s liens not filed. D. Any deviations from conditions A through C about is subject to such additional requirements or information us ATGF may deem necessary, or, at its option, ATGF may refuse to delete the exception. Note: The following disclosures are hereby made pursuant to §C.R.S. 10-I I -122 i. The subject property may be located in a special taxing district ii. A Ccrtiticatc of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer ol'thc county treasurer's authorized agent iii. Information regarding special districts and the boundaries of such districts may be obtained Gom the board of county commissioners. the county clerk and recorder or the county assessor. Note: If there is recorded evidence that one or more mineral estates has been severed, Icasctl or otltcrwisc conveyed from the surface estate of the subject property described in Schedule A of this Committncnl, and Ihcrc is a substamial likelihood that a third party holds some or all of the ownership interest in ail, gas or other mincmis or geothermal energy in the subject property. Such mineral estate may include the right to enter anti use the surface of the subject property without the surface owner's permission. SCHEDULE C File N: PC080026-SOREV 1 Policy Numhcr: PC200809000390 Lots A, B, C and D, and that portion of Lots E and F lying Westerly of the Westerly lint of the property described in instrument recorded December 3. 1958. in Rook IR6 at Pagc 115, as corrected by inslmmcnt rrv:ordcd January 29, 1976 in Book 308 at Page 229, all in Block I, City and Townsitc of Aspen. LESS AND GXCEPT THE FOLLOWING PARCELS: Any portion lying within Lot 2, Janss Subdivision as shown on the Map thereof in Plal Book 3 at Pagc 398. Thal Par[ of Block I, City and Townsitc of Aspen, described as follows: Beginning at a point at what has been describtd as line 6-7 of Aspen Townsitc, whence a 1954 Rmss Cap putporting to locate Comer No. 6 of said Aspen Townsitc bears North 738'00" Eas[ 22.00 feet; thcncc North 07°38'00" East 19.17 feet along said lint 6-7 ro a point on the Southerly line of the Janss Subdivision; thence South 65°21'00" East 35.43 feet along said Southerly line; thence South 83°04'14" Nest 35.00 feet to the Point of Beginning; That part of Block 1. City and Townsitc ofAspen, described as follows: Beginning at a point on what has lien described as lint 6-7 of Aspett Townsitc whence a 1954 Bross Cup purporting to locate Comer No. 6 of said Aspen Townsitc bears North 07°38'00" East 2.83 feel; thence South 07°38'00" West 91.71 feet to the poim on the South line ot'said Block I; thcncc North 75°9'1 I" Wcst 5.84 feet along said Block lint; thcncc North 07°38'00" East 92.R 1 feet to the South line of the Janss Subdivision ns platted: thence South 65°21'00" East 6.06 feet to the Point of Beginning. All in Pi[kin County, Colorado. ATTORNEYS TITLE GUARANTY FUND, INC. Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with ecrrtin inlomration. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. You have a right [o know how we will utilize the personal infitmration you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling ofyour personal information. Applicability This Privacy Policy govcros our use of the information that you provide to us. It does nut govcm IM: manner in which we may use information we have obtained from any other source, such as information obtained fmm a public record or from another person or entity. Types of Information Depending upon which of our services you arc utilizing, [he types of nonpublic pcrscmal information that we may collect include: • Information we receive from you on applications, forms and in other communications [o us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our agents, or others; and • Information we receive from a consumer-reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benclit of any nonaffiliated party. Therefore, we will not rdcasc your information to nonaffiliated parties except. (I) as necessary for us to provide the product or service you have requested mf us: or (2) as permincd by law. We may, however, store such information indefinitely, including the period af)cr which any customer relationship has ceased Such inl'onnation may be used for any internal purpose, such as quality control ct)orts or customer analysis. We may also provide all of the types of nonpublic petwnal information listed above to one or more nl' our agents or affiliated companies. Such affilintcd companies include Attorneys Title Insumncc Fund, Inc.. ATGF's reinsurcr and parent company. Former Customers f vcn if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security W c will use our hest efforts to ensure that no unauthorircd panics have access to any o1 your information. «'c restrict access to nonpublic personal information about you to those individuals and entities that need to know that infonnetion to provide products or services to you. We will use our bqt efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in aceonluncc with this Privacy Policy. We currently maintain physical, dcctronic, and procedural safeguards that comply with federal regulations to guard ,your nonpublic personal information. -^a Issued Attorneys Title Insurance Agency of Aspen, LLC \lember'a Same) 715 W. `vlain Street, Suite 341. Aspen Colorado 8161 I 1 nmres+l ATTORNEYS TITLE GUARANTY FUND, INC. ,~. m THE CITY OF ASPEN Land Use Application Determination of Completeness Date: 10/1/08, 2008 Dear City of Aspen Land Use Review Applicant, _,, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0042 2008 ASLU (900/910 W North Street-Condominium lat .The planner assigned to this case is Drew Alexander. ^ Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review heazings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Your Land Use Application is complete: If there aze not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. You, VYvV ennifer he an, Deputy Director City of n, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc