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Home My WebLink Aboutcoa.lu.su.330 W Bleeker.0026.2009,, J 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 CLOSED BY 0026.2009.ASLU 2735 12 4 34 004 330 W. BLEEKER DREW ALEXANDER SUBDIVISION BLEEKER STREET INVEST 4/27/2009 Angela Scorey on 06/08/2009 s f ~ 2~3s-I'Z -4--34-ooc~ file edit He Cad [navigate FIZrm Reports Forlrat Tab F~elp Meh l Yduatian Custom Fjelds ~ 8~ ~ Feef ~ Parcejs ~ Fee Summary ~ Bub I?errNts ~ Attadurbrlts ~ Royteq Status Permit Type aslu .Aspen Land Use Permk lr 0026.2009.ASLU Address 330 W SLEEKER ~ AptfSUite Gty ASPEN State CO Zip 81611 J PermR Information __ Q~A_ ........_.. . 4 Master Permit) Rautinq Queue aslu07 Applied 04f21(20W Project ~ Status pending Approved ~J Desuiptbn SUBDIVISION EXEMPTION INCLUDES CONDOMINIUMIZATION Iswed ~-J Foal r~ Submitted GARFIELD & HECHT MIKE HOFFMAN Clock Running Days ~ Expires 4)16(2010 J Owner -.. _. _.. _..... Last Name SLEEKER STREET INVESTME J Fvst Name ~ 323 W HALLAM ST ASPEN CO 81611 Phone ~- rOwner Is Applicant? Last Name SLEEKER STREET INVESTME J F'rs[ Name ~ 323 W HALLAM 57 ASPEN C081611 Phone ~- Cus[ R 27335 ...Lender. _ _. _: -:.-. _ _ Last Name ~-- J First Name ~._ Phone cro ~ _73S • o 0 I~.QC,e~e1r Z SSO 2 ~..~ --. ~.,. ..,, Drew Alexander From: Jackie Lothian Sent: Wednesday, June 03, 2009 10:16 AM To: Drew Alexander Subject: RE: Recording Double D Condos Plat #559632 Book 912 Page 22 Condo Decs#559633 Condo By-laws #559634 Jackie Lothian Deputy City Clerk 130 South Galena Aspen, CO 81611 970-429-2686 From: Drew Alexander Sent: Wednesday, June 03, 2009 9:52 AM To: Jackie Lothian Subject: Recording lackie- Thanks for helping Brandi out. It was sort of a last minute thing, so I appreciate your help. Could you shoot me the reception numbers when you have them? Cheers, Drew Alexander City of Aspen -Planning Technician Community Development Department 970-429-2739 (work); 765-623-0219 (cell) drew alexanderCalci.aspen.co.us t Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090 - Case:33o w- 6:-EGK E2 002. ~o°~' ./~I ~u - Date: y l~~~o`i - Planner assigned: L7rzE'~ /~+-r-,XA~',~Fl= ~es r^~No: Required Certificates on Plat Map L~ Yes ^ No Yes ^ No r~Yes ^ No ~G/Yes ^ No ,L-d,/Yes ^ No L^1 Yes ^ No Notes: Lien Holder Consent and Subordination Surveyor's Certificate Title Certificate Declarant's Certificate City Engineer's Approval Community Development Director's Approval A certificate of filing for the Pitkin County Clerk and Recorder Yes ^ No: Accurate and understandable dimensions for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or common use and other important Notes: L"J Yes ^ No: A scale representing one (1) inch equals one hundred (100) feet or larger L~J Yes ^ No: Under Surveyor's Certificate language, there must be a statement explaining that the control precision is greater than 1 in 10,000. L`1 Yes ^ No: A description of all survey monuments, both found and set, which mark the boundaries of the subdivision, and copies of any monument records required of the land urveyor. Yes ^ No: Common access, utilities and drainage are accessible to all units benefiting from common utilities. ~ General Notes: ~~ R .~ ~~~ y THE CITY OF ASPEN Land Use Application Determination of Completeness Date: Apri123, 2009 Dear Mr. Michael Hoffman, ~~~ ~_'~ We have received your land use application for Double D Condominiums and reviewed it for completeness. The case number and name assigned to this property is 0026.2009.ASLU. The planner assigned to this case is Drew Alexander. Drew can be reached at 429.2739 or drew.alexander@ci.aspen.co.us. ^ 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: Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings 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 are 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 920.5090 if you have any questions. Th You, Chris Bendon, Director City of Aspen, Community Development Department G:\cityVennifer\all documents 11.30.07\Templates\Completeness Letter Land Use.doc .,~ GARFIELD & HECHT, P.C. ASPEN OFFICE 601 EnST HttaAN AvENUE AspEN, COLORADO 81611 TELEPHONE (970)925-1936 FACSU.m.E (970) 920433 GLENWOOD SPRINGS OFFICE THE DENVER CENTRE 420 SEVENTH STREET, STE. 100 GLENwooD SPRwOS, CoLORwDO 81601 TELEPHONE (970)947-1936 Fwcsum.E (970) 947-1937 ATTORNEYS AT LAVJ s~ ems Website: www.gazfieldbecbtcom AVON OFFICE AVON TOWN SQUARE, UNIT 104 0070 BENCHMARK ROAD POST OFFICE BOX 5450 AvoN, COLORADO 81620 TELEpxoNe (970)949-0707 FACSA70.E (970)949-1810 E. Michael Hoffman mhoffmaD@ga~eldhechtcom (970)544-3442 April 21, 2009 Mr. Chris Bendon BASALT OFFICE Riven vn:,v PLAZA 700 ELK RUN DR., SUITE 220 BASALT, CAlARADD 81621 TeI.E.EpnoNE: (970) 927-1936 FACSAiRP: (970)927-1939 ~~~'~~~~ Community Development Director ~i;?E~ ~ , ~Q~9 City of Aspen G i i 'r (~ ~ l-,, r- c N 130 S. Galena Street "QMMUh'i?Y DEVELQPMENI Aspen, Colorado 81611 Re: Application packet from Bleeker Street Investments, LLC for Condominiumization of Detached Duplex located at 330 and 340 West Bleeker Street, Aspen Deaz Chris: Enclosed please find a Land Use Application packet for Condominiumization of 330 and 340 West Bleeker Street, Aspen, Colorado. The following aze the documents included: 1. Attachment 2, Land Use Application (two copies); 2. Attachment 3, Dimensional Requirements Form (two copies); 3. Authorization Letter from Peter Rispoli of Bleeker Street Investments, LLC authorizing E. Michael Ho~Ian to submit and process the Application for Condomininm;~ation (two copies); 4. Check in the amount of $735.00 made out to the City of Aspen as deposit; 5. Executed Agreement for Payment of City of Aspen Development Application Fees, signed by Peter Rispoli for Bleeker Street Investments, LLC (two copies); 6. Condominium Declaration of Double D Condominiums (two copies); 7. Condominium Map of Double D Condominiums. (two copies); and 8. Pre-Application Conference Summary (two copies). Very truly yours, ~r... ATTACHMENT 2 -LAND-USE APPLICATION n....... i.n. '~~ ~. ~~. . ,,. , . Name: Double D Condominiums Location: 330 West Bleeker Street (Indicate street address, lot & i~.Lpa r~rranwu~ i . Name: Bleeker Street Investments, LLC Attn: Peter Rispoli Address: P. 0. Box 9559, Aspen, CO 81612 Phone #: (970) 948-9427 Name: Gafield 8 Hecht, P.C. Attn: Michael Hoffman Address: hone #: (970) 544-3442 TYPE OF APPLICATION: (olease check all that ^ 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 ^ Fina15PA (& SPA Margin, I-Iallam Lake Bluflj condotniniumization) Amendment) Mountain View Plane ^ Commcrcial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTING CONDITIONS' (description of existing buildings uses previous approvals etc.) Two detached duplex units exist on the property PROPOSAL' (description of proposed buildings uses modifications etc.) Request condominiumization approval for the two duplex units, as shown on the proposed condominium map, which is included with this application. Have you attached the following? FEES DUE: S 735 ~ Pre-Application Conference Stuntnary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards ^ 3-D Model for large project Au plans that are larger than 8S" 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 3-D model Your pre-application rnnference summary will indicate if you must submit a 3-D model ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM A~ V n .,fie. /;' ^' l: / /) ~ 'x~.~ Project: Double D Condominiums Applicant: Sleeker Street Investments, LLC Location: 330 & 340 West Hleeker Street Zone District: R-6 Lot Size: 9,000 square et Lot Area: 9,0 0 square feet (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of L.ot Area in the Municipal Code.) Commercial net leasable: Existing: N/A Proposed: N/A Number of residential units: Existing: 1 Proposed: 2 Number of bedrooms: Existing: 3 Proposed: B Proposed % of demolition (Historic properties only): N/A DIMENSIONS: F1oorArea: Existing:2,055 sfAllowable:4,080 sfproposed: 4,076 sf Principal bldg. height: Existing.• 18' Allowable : 25' Proposed: 21' Access. bldg. height: Existing: Id/A Allowable : lI/A Proposed: N/A On-Sift parking: Existing.• 2 Required.• 4 Proposed.• 4 %Sitecoverage; Existing:1,458 sfRequired: 3,600 sf Proposed: 3,600 sf Open Space: Existing: N/A Required: N/A Proposed.• N/A Front Setback: Existing: 31' Required. 10' Proposed: 13' Reaz Setback: Existing.• 24' Required: 5' Proposed.• 5' Combined F/R: Exrstng; 55' Required: N/A Proposed: 18' Side Setback: Existing: 12' Required.' 10' Proposed: 10' Side Setback: Existing: 38' Required: 10' Proposed: 9'-6" Combined Sides: Ezrsting: 40 ~ Required: N/A Proposed: N/A Distance $etween Existing N/A Required: 10' Proposed.9 ~ -6~~'~ Buildings Existingnon-conformities or encroachments: House 330 moved 4' S" to the west away from cottonwood drip line, per Parks Department. Variations requested: NONE r.,.. a. , .+ BLEEKER STREET INVESTMENTS, LLC P.O. Box 9559 Aspen, Colorado 81612 April 9, 2009 Andrea Hingley Planner, Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Ms. Hingley, On behalf of the Bleeker Street Investments, LLC (the "LLC"), please accept the enclosed Application for Subdivision Exemption for Condominiumization. Please note that the legal address for the LLC is: P.O. Box 9559, Aspen, Colorado 81612. You may contact me, as Manager of the LLC, if you have any questions at: (970) 948-9427. The Association's representative in this matter is our attorney, Michael Hoffman, Esq., Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 81611. You may reach him at 970.544.3442. Sincerely, BLEEKER STREET INVESTMENTS, LLC By: ~ ~ Peter Rispoli Manager ~. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Develoumen[ Application Fees CITY OF ASPEN (hereinafter CITY) and Bleeker Street Investments, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an apulication for Double D Condominiums (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted 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 [hat because of the 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 [he 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 hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs ate incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the C[TY'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 $ 735 _ which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, 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 have been paid. CITY OF ASPEN By: Chris Bendon Community Development Director APPLICANT Bleeker Street Investments, LLC By: l Peter Rispoli, M ager Date: Billing Address and Telephone Number: P.O. Box 9559 Aspen, Colorado 81612 (970)948-9427 CONDOMINIUM DECLARATION OF DOUBLE D CONDOMINIUMS THIS CONDOMINIUM DECLARATION (as amended from time to time, this "Declazation") is made this day of , 2009, by Bleeker Street Investements, LLC, a Colorado limited liability company (hereinafter "Declarant"). RECITALS A. Declarant is the owner of the following described real estate in the County of Pitkin, State of Colorado: Lots K, L and M, Block 43, City and Townsite of Aspen; County of Pitkin, State of Colorado ("the Property") and also known as Double D Condominiums, Unit A and Unit 2 (the "Condominium Units"), according to the Condominium Map thereof Recorded in Plat Book at Page , as Reception No. (the "Plat"), attached hereto and incorporated herein (herein after the "Real Estate" or "Common Interest Community"). B. The above-described property is presently developed with two multi-level frame "detached duplex" dwellings, as defined by the City of Aspen Land Use Code. C. Declarant wishes to create a Condominium Common Interest Community in which portions of the Real Estate are designated for separate ownership and use by the Owners and the remainder of which is designated for common ownership and use by the Owners. D. The intent of the Declarant is to have the Condominium Units administered as separate single-family homes and properties to the greatest extent possible within the restraints inherent in condominium ownership as set forth in the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-1O1, et seq., and other applicable law. THEREFORE, Declarant states as follows: Declarant hereby declares that all of the Real Estate is hereby made subject to the following easements, restrictions, covenants and conditions, which shall run with the Real Estate and be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, legal representatives, successors and assigns, and shall inure to the benefit of each Owner thereof. Declarant hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, C.R.S. § 38-33.3-101, et seq., as the same may be amended from time to time (hereinafter the "Act"). In the event the Act is repealed, the Act as existing immediately prior to its repeal shall remain applicable. The Condominium established herein shall have no horizontal boundaries. The partition of any interest in the Common Elements of this Condominium Common Interest Community is prohibited. By becoming part of this Condominium Common Interest Community, any right to maintain a legal partition action with respect to the Common Elements is forever waived. ARTICLE 1 DEFINITIONS Each capitalized term not otherwise defined in this Declaration or on the Plat and used herein or on the Plat shall have the meaning for it specified in the Act. Section 1.01 Allocated Interests. "Allocated Interests" shall mean, with respect to each Condominium Unit, one-half of the undivided interests in the Common Elements and in the Common Expenses of the Association, which are hereby allocated to such Condominium Unit, and one voteintheaffairsoftheAssociation. The Allocated Interestsappur[enanttoeachCondominium Unit have been established pro rata based on the total number of Condominium Units in the Condominium. Section 1.02 Common Elements. "Common Elements" means only (i) any utility service line which serves both Condominium Units and (ii) the land and landscaping features which exist outside of the Condominium Units. Section 1.03 "LCE Boundary Line" shall mean the line of that name shown on the Condominium Map, which line demarks the boundary between Limited Common Elements appurtenant to Unit 1 from those appurtenant to Unit 2. For the purpose of defining the physical dimensions of the Limited Common Elements appurtenant to each Unit, the LCE Boundary Line shall be deemed to be no wider than one quarter of an inch (Y<"). Section 1.04 "Limited Common Elements" means those parts ofthe Common Elements which are limited to and reserved for the use of the Owners of one or more, but fewer than all, of the Condominium Units. Without limiting the foregoing, "Limited Common Elements" means the land and landscaping features located on either side of the "LCE Boundary Line" shown on the Condominium Map. No reference to the limited use by individual Owners of any Limited Common Element need be made in any instrument of conveyance, encumbrance, or other instrument. Section 1.05 Multiple Owners: All Condominium Unit Owners, by virtue of their ownership of a fee or undivided fee interest in any Condominium Unit, are members of the Condominium Association. Membership is not intended to include Persons who hold an interest merely as security for the performance of an obligation, but the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one membership per Condominium Unit owned. Section 1.06 Owner. "Owner" means one or more Persons who hold the record title to any Condominium Unit, but excluding in all cases any party holding a Security Interest merely as security for the performance of an obligation. Section 1.07 "Record or Recorded" means a document which has been or will be recorded in the real property records of Pitkin County, Colorado. Section 1.08 Votin :The Owner or collective Owners of a Condominium Unit shall be entitled to one vote per Condominium Unit owned. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exercised as those Owners determine among themselves, otherwise the Unit's vote shall be suspended ifmore than one Person seeks to exercise it. Fractional voting by Co-Owners shall not be permitted. ARTICLE 2 NAMES Section 2.01 Common Interest Community. The name of the Common Interest Community is the Double D Condominiums. Section 2.02 Association. The name of the Association is Double D Condominium Association, a Colorado unincorporated nonprofit association, established pursuant to C.R.S. §7-121-101, etsen. (the "Colorado Revised Nonprofit Corporation Act"). ARTICLE 3 THE ASSOCIATION Section 3.01 Authori .The business affairs ofthe Common Interest Community shall be managed by the Association. Section 3.02 Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to an unincorporated nonprofit association under the Colorado RevisedNonprofit Corporation Act, the Act and otherprovisions ofColorado law. Except as otherwise provided in this Declaration, when approval ofthe members of the Association is required, the Association may only act upon the unanimous consent of both Members, and neither Member acting alone shall have the power to act for or bind the Association. However, in the event of any default by a Member under this Declaration or under the Act, the non-defaulting Member shall be authorized to act alone to exercise any remedy provided to the Association hereunder or under the Act. Section 3.03 Executive Board. Except as otherwise provided in this Declaration or as required by the Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors. The Condominium Unit 1 Owner and the Condominium Unit 2 Owner shall each appoint one director. Except as otherwise provided in this Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Section 3.05 below. Section 3.04 Notice to Owners. Any notice to an Owner ofmatters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery, or on the third business day afrer deposit in the U.S. mail, regular first class postage prepaid, at the address of record for real property tax assessment notices with respect to that Owner's Condominium Unit or such notice address as otherwise provided in writing by one Owner to the other. Section 3.05 Deadlock. 3.05.01 Definition. "Deadlock" shall mean a written statement that there is a "Deadlock" by a member of the Executive Board to the other member of the Executive Board after a formal vote in which a member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount and types of insurance, (ii) the company to provide the insurance or the budget therefor, (iii) the required degree of maintenance of the Common Elements, (iv) the manner in which maintenance of the Common Elements will be accomplished including, without limitation, the company (if there is to be one) to provide or manage the maintenance, (v) the budget for maintenance of the Common Elements, or (vi) any other issue which has real potential to have a material effect on the Association, the Common Elements or on the Condominium Units or either of them. In al] other instances, the failure of the Executive Board to agree shall mean that no decision is made. 3.05.02 Breaking_a Deadlock. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then a decision that resolves the issue shall be made by a person (the "Arbitrator") appointed for that purpose by the members of the Executive Board, if they can agree on the selection of an Arbitrator within five (5) business days of the vote. If they cannot agree on the Arbitrator, each member shall select an representative, and the selected representatives shall agree upon an Arbitrator to resolve the issue. The cost of the representatives and Arbitrator shall be shared equally by the parties. Each member of the Executive Board shall submit to the Arbitrator a written proposal to resolve the deadlock within five (5) business days after the appointment of the Arbitrator. The Arbitrator shall have not less than five (5) years' experience in property management, shall not be related to an Owner, shall not be in common ownership or control with any Owner and shall not have a material business or professional relationship with either Owner. The Arbitrator shall select the entire proposal submitted by one of the Executive Board members. 3.05.03 Liability in Contract and Tort: Pursuant to Colorado law, the Association is a legal entity separate from its members for the purposes of determining and enforcing rights, duties and liabilities in contract and tort. A Member is not liable for a breach of a any contract by the Association merely because the person is a member of the Association or is a person authorized to manage the affairs of the Association. A Member is not liable for a tortious act or omission for which the Association is liable merely because the person is a member ofthe Association or is a person authorized to manage the affairs ofthe Association. A tortious act or omission of a Member or other person for which the Association is liable shall not be imputed to a person merely because the person is a Member of the Association or is a person authorized to manage the affairs of the Association. .. ,,, .~. ARTICLE 4 CONDOMINIUM UNITS Section 4.01 Number of Condominium Units. The number of Condominium Units in the Common Interest Community is two (2). There shall be no more than two (2) Condominium Units in the Condominium. Section 4.02 Identification of Condominium Units. The identification number of each Condominium Unit is as shown on the Plat. Section 4.03 Unit Boundaries. The boundaries of each Condominium Unit are located as shown on the Plat. The Common Interest Community has vertical boundaries which extend to the lot line ofthe Property. The Condominium Units include all land and improvements on its respective side of the Unit Boundary Line shown on the Plat, as such improvements exist now or hereafter existing. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.01 Common Expenses. The only Common Expenses of the Association shall be for insurance, as required in Section 6.02, below, and such other Association expenses as are required or authorized in this Declaration that are not required to be paid by a single Owner. Section 5.02 Personal Obligation to Pav Common Expense Assessments. Each Owner, by signing below or accepting a deed to its Condominium Unit, shall be deemed to covenant and agree to pay to the Association all assessments levied pursuant to this Declaration or as otherwise permitted by the Act, to the extent there are any. Such assessments shall also include late charges, attorney Fees and costs of collection charged by the Association. All such assessments shall be the personal obligation of the Owner at the time the assessment becomes due. No Condominium Unit Owner shall convey any interest in its Condominium Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. Section 5.03 Apportionment of Common Expenses. Common Expenses shall be assessed against the Units on the basis of their respective Allocated Interests. Section 5.04 Annual Assessment• Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association's advance adoption of a budget identifying the cash requirements needed by it to pay Common Expenses during the coming calendar year; such budget to be approved pursuant to the requirements of the Act. Section 5.05 Special Assessments. A special assessment is any assessment that is not levied pursuant to an approved budget. The Association, by unanimous approval of the Executive Board, may levy one or more special assessments, but only with respect to the Common Elements, to pay for claims or for repair or replacement to the extent not covered by insurance. Section 5.06 Effect of Non-Payment of Assessments. Any Assessment provided for in this ~'a R ti. ~ s Declaration or any installment thereof, which is not fully paid within fifteen days after the due date thereof shall beaz interest at the rate established in the policies of the Executive Board, which interest rate shall not exceed the maximum interest rate allowed bylaw (if the Executive Board has not set an interest rate to have effect under this section, the interest rate shall betwenty-one percent (21%) per annum). Further, Following ten (10) days' written notice, the Association may bring an action at law or in equity against any Owner obligated to pay such overdue assessment, or any installments thereof. Each Owner appoints the other Owner an irrevocable power of attorney to pursue actions to collect unpaid assessments. An Owner is not entitled to vote on matters relating to collection presented to the Association if that Owner has not paid an installment of a duly authorized assessment when due and the vote of the other Owner in such instance shall be deemed unanimous. ARTICLE 6 MAINTENANCE AND INSURANCE Section 6.01 Maintenance 6.01.01 Owner's Responsibility. Each Owner shall be responsible for and shall have initial control over the maintenance, repair, alteration, restoration, and remodeling of all improvements located within that Owner's Condominium Unit as defined in Section 4.03, above, and all Limited Common Elements appurtenant to that Owner's Condominium Unit. Notwithstandingthe general obligations established in the preceding sentence, each Owner shall, at its sole cost and expense: 6.01.01.01 keep and maintain in good order and repair the equipment, improvements and infrastructure located within the boundaries of such Owner's Condominium Unit and within the Limited Common Elements appurtenant thereto; 6.01.01.02 replace any finishing or other materials removed with materials of a similar type, kind, and quality; 6.01.01.03 maintain in a clean, safe and attractive condition and in good repair the interior of such Owner's Condominium Unit, including the fixtures, doors and windows thereof, the improvements affixed thereto, and the roof serving such Condominium Unit; 6.01.01.04 maintain in neat and clean condition all garage aeeas, decks, yard, porches, roof, balconies or patio areas, which are located within that Owner's Condominium Unit or within the Limited Common Elements appurtenant thereto. 6.01.02 Association's Responsibility. The Association shall be responsible for the maintenance, repair, alteration, restoration, and remodeling of all improvements within the Limited Common Elements to the extent not maintained by any Owner. The costs so incurred by the Association shall be borne by the Owner who has defaulted in the obligations established in Section 6.01.02. r~ . ,, ., Section 6.02 Insurance, Dama¢e, Destruction and Obsolescence. 6.02.01 Owner's Insurance. To the greatest extent practicable given the condominium nature of the Units and the Association's ownership of the Common Elements, each Unit Owner shall insure his or her Unit, and his or her corresponding undivided interest in the Common Elements, as a detached single-family home. Given that aspiration, each Owner shall maintain property and liability insurance with respect to its Condominium Unit and the Limited Common Elements appurtenant thereto, covering all insurable improvements in such amount as will fund the cost of replacing the Unit and associated Limited Common Elements. Each Owner shall use its best efforts to cause each insurance policy obtained by it to include a waiver of the right of recovery by way of subrogation against the other Owner and the Association in connection with any damage to the Common Elements. To the extent reasonably available, each such policy include a "Cross-Liability Endorsement" and shall name the Association as an additional insured and shall benon-cancellable without at least 30-days notice to both Owners. Each Owner shall direct its insurance carrier to provide to the other Unit Owner at least annually a copy of the insurance policies required herein or a certificate which describes such insurance coverage. Each Owner shall secure adequate general liability insurance, as each such Owner deems necessary, in its sole reasonable discretion. 6.02.02 Association's Insurance. The Association shall maintain all insurance required by the non-waivable provisions of C.R.S. § 38-33.3-313. To the extent the insurance not otherwise required by this Section 6.02.02 or if the insurance provided by the Owners is inadequate to restore the Common Elements in the event of a casualty, the Association shall maintain property insurance on the Common Elements for not less than the full insurable replacement cost thereof. 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. 6.02.03 Waivers. Subject to obtaining the waiver of subrogation endorsement required by the Act, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damages to any property 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. 6.02.04 Obligation to Repair or Replace. In the event of a casualty with respect to the Common Elements and/or any Unit, the Owners shall repair, replace and/or restore the improvements as necessary to place them to their condition as existed before the casualty event. As provided by the Act, the proceeds ofthe insurance carried 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; provided, however, that the Executive Board shall reallocate such 7 assessment between the Owner of Condominium Unit 1 and the Owner of Condominium Unit 2 to the extent that the restoration does not benefit both Condominium Units in a manner that is substantially proportionate to their Allocated Interests. Notwithstandingtbe foregoing, if the casualty was caused by the negligence or 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 Condominium Unit. Section 6.03 Restoration Upon Condemnation. 6.03.01 Total Takine. 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 Condominium Unit, after all mortgages and liens on the Condominium Unit have been satisfied or otherwise discharged. After acceptance ofthe award ofthe taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Condominium Units and the Owners shall vacate the Condominium Units as a result of such taking. 6.03.02 Partial Takine. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Condominium Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking. After acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Condominium Unit or portion of the Condominium Unit, as applicable, and such Owner shall vacate the Condominium Unit or said portion thereof as a result of such taking. The remaining portion of the Condominium Unit shall be resurveyed and, if necessary, the Declaration shall be amended to reflect such taking. If the taking includes all or a portion of the Common Elements, then unless the Owners decide not to rebuild, the remaining Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation 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 5.03 above; provided, however, that the Executive Board shall reallocate such assessment between Condominium Unit I and Condominium Unit 2 Owners to the extent that the restoration benefits do not benefit both Condominium Units in a manner that is substantially proportionate to their Allocated Interests. Section 6.04 Obsolescence. Ifthe Condominiums are declared obsolete, the provisions of C.R.S. § 38-33.3-218 of the Act shall govern. Section 6.05 Indemnification By Owners. Subject to Section 6.02.03, each Owner shall indemnify the other Owner and the Association and hold each of them harmless from suits, actions, damages, liability and expense, loss of life, bodily or personal injury, or property damage arising from, or out ofthe use or occupancy of, such Owner's Unit, or any part thereof, or occasioned wholly or in part by any negligent or willful act or omission of that Owner, its agents, contractors, employees, servants, invitees, licensees, or concessionaires, including the Limited Common Elements appurtenant to such Owner's Condominium Unit, except where such suit, action, damages, liability 8 ,, .--, .~~ and expense, loss of life, bodily or personal injury, or property damage is caused in material part by the case of negligence or the intentional act of the other Owner. ARTICLE 7 RESTRICTIONS ON USE Section 7.01 Nuisances and Offensive Activities. There shall be no noxious or offensive activities conducted on, in, or upon any Condominium Unit or Common Element, and no loud noises or noxious odors shall be permitted anywhere in the Common Interest Community. Nothing shall be done in the Common Interest Community that may be or become an unreasonable annoyance or a nuisance to any other Owner or any occupant of any Condominium Unit. Any Owner shall have the right to enforce the provisions of this Article by bringing suit at law or in equity, or as otherwise provided by law. No Owner or occupant of any Condominium Unit shall permit or cause anything to be done or kept on the Condominium which will increase the cost of the Association's or other Owner's insurance, or which will result in the cancellation of such insurance. Each Owner shall be accountable to the Association and the other Owner for the uses and behavior of its tenants or guests. Section 7.02 Limitations on Alterations of Condominium Units. Withoutthepriorwrittenconsent of the other Owner, no Owner shall: (a) make any structural change or alteration to the building exterior of such Owner's Unit, (b) modify or alter the appearance or color scheme of the exterior improvements as they may exist from time to time by agreement of the Owners; or (c) modify or remove any of the permanent improvements located within the Limited Common Elements appurtenant to such Owner's Unit, as those improvements are shown on the Plat. Section 7.03 Structural Integrity. Nothing shall be done to any Condominium Unit or to the Common Elements by an Owner that will impair the structural integrity of any improvements on the other Condominium Unit or the Common Elements unless prior written unanimous authorization is obtained from the other Owner. . Section 7.04 Restriction Upon Occupancy. Except as the Owners might otherwise agree, each Condominium Unit shall be used and occupied solely for residential purposes. No trade or business of any kind maybe conducted on, in, or upon any Condominium Unit or Common Element. Lease or rental of a Condominium Unit for lodging or residential purposes shall not be considered a violation of this covenant and is permissible. Similarly, the maintenance of a home office shall not be considered a violation of this restriction so long as the nature and conduct of the business complies with applicable local laws and any covenants affecting the Property. Section 7.05 No Unsightliness: Trash Storaee. No unsightliness or waste shall be permitted on or in any part of the Common Interest Community. All trash shall be stored in "bear proof' containers erected for that purpose. Section 7.06 No Violation of Rules. No Owner and no Owner's tenants, guests or invitees shall violate the rules and regulations, if any, adopted from time to time by the Association, pursuant to the Act and this Declaration, whether relating to the use of Condominium Units, the use of Common Elements, or otherwise. 9 Section 7.07 Leases. All leases of any Condominium Unit shall provide that the terms of the lease are subject, in all respects, to the provisions of this Declaration, and to the provisions of any rules and regulations, decisions or resolutions of the Association. Section 7.08 Utilities. All water, sewer, gas, electrical, telephone, cable television and other utility lines, pipes or other infrastructure shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of natural vegetation or terrain disturbed by the burying of utility lines shall be revegetated by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such insta]lation. Each Owner shall be responsible for arranging for provision of utilities to their respective Condominium Unit and shall only be obligated to pay for those utilities supplied or delivered directly to their respective Condominium Unit. It is anticipated that each Condominium Unit shall be separately metered, serviced, and billed for purposes of utilities. Section 7.09 Animal Restrictions. No animals other than normal household pets shall be kept in or about the Condominium Units. An Owner shall be liable to the other Owner and such Owner's family and guests for any damages caused to any person or property by any animal brought or kept on the Property. Section 7.10 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Declaration and the rules and regulations of the Association. In the event of legal action to enforce this Declaration, the prevailing party shall be awarded its reasonable costs and reasonable attorneys' fees, including the costs of collection. Section 7.1 I No Violation of Laws. No Owner and no Owner's tenants, guests, or invitees shall violate any applicable federal, state, or local law applicable to the Property. Section 7.12 No Further Subdivision. There shall be no subdivision of the Property. Section 7.13 Restriction on Use and Ownership of Units. No timesharing, vacation club or similar use of the Property, a Unit, or any part thereof, shall be permitted without the unanimous consent of the Owners and compliance with all applicable regulations of the City of Aspen. In no event may more than four (4) persons own any interest in any Unit. ARTICLE 8 EASEMENTS AND LICENSES Section 8.01 Easements of Record. The Real Estate is subject to those easements and/or licenses granted by the Declarant pursuant to this Declaration, those shown on the Plat and those listed in Exhibit A, attached hereto. Section 8.02 Common Elements Easement. Each Condominium Unit Owner has a right of use and easement for enjoyment in and to the Common Elements, for the purpose for which they are designed, which right and easement shall be appurtenant to and shall pass with the title to each 10 / ...I Condominium Unit subject to the provisions contained herein. Section 8.03 Easements for Improvements. Maintenance and Utilities. Reciprocal easements are hereby declared to exist over and under the Property and all areas thereof for the existing electric, telephone, water, gas, and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, other utilities, drainage facilities, garbage chutes, stairs, walkways, and landscaping, and for the repair, replacement and maintenance of the same, as needed to service the Properly and/or the individual Condominium Units. Each Owner has the right, at its sole expense and after giving written notice for at least one (1) business day to the other Owner, to relocate such lines and facilities within or upon its Condominium Unit; provided, however, that such relocation shall be accomplished without interrupting utility service to the other Owner, unless otherwise permitted by the other Owner. Section 8.04 Encroachment Easements. Each Owner has an easement over the Common Elements for any improvement existing as of the date this Declaration is first Recorded which overhangs or otherwise projects into the Common Elements. There shall be valid easements for the maintenance and replacement of said encroachments so long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment occur due to the intentional encroachment of an Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt in substantially the same manner and in the same location as originally constructed, the Owners agree that minor encroachments over the abutting Common Elements shal I be permitted and that there shall be valid easements for the maintenance and replacement of said encroachments so long as they shall exist. ARTICLE 9 MISCELLANEOUS Section 9.01 When Consent or Authorization Not Necessary. Notwithstanding anything in the Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if the Owner seeking such consent or authorization has obtained in writing the consent or authorization ofthe other Owner ofthe Common Interest Community. Section 9.02 Indemnity. To the extent not covered by any insurance policy required by this Declaration and subject to Section 7.07, above, each Owner ("Indemnifying Owner") shall indemnify and hold the other Owner ("Other Owner")blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and reasonable attorney fees) of whatsoever nature occasioned by or if any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner's Condominium Unit, or labor, services or materials furnished to such Owner or such Owner's Condominium Unit, and will maintain the Other Owner's Condominium Unit, as well as that portion of the Common Elements exclusively reserved to such Other Owner entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which 11 ... it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner's Condominium Unit and the applicable Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of Z1% shall be repaid by the Indemnifying Owner upon demand. Until repaid, the obligation so to do shall be secured by alien against the Condominium Unit of the Indemnifying Owner, notice of which maybe given by the Other Owner by Recorded, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attomey fees. Section 9.03 Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Declaration to be performed by the respective Condominium Unit Owners is intended to and shall be deemed to be for the specific benefit ofthe other Condominium Unit Owner. In the event of the failure or inability of the Association to enforce any provision ofthis Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain judgment in an action for damages, for specific performance, or for both. In connection with any such proceedings against a delinquent or defaulting Owner, the prevailing party shall be awarded its costs and reasonable attorney fees as a part of any judgment entered in favor of such prevailing party. [ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] 12 -~-. ' - .... IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day of April, 2009. BLEEKER STREET INVESTMENTS, LLC, a Colorado limited liability company By: ~ N ~ V U vl~~~ Peter Rispoli / Manager ~J STATE OF COLORADO ) ss. County of Pitkin ) The foregoing instrument was acknowledged before me this day of April, 2009, by Peter Rispoli as Manager of Bleeker Street Investments, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public Table of Exhibits Exhibit A - List of Easements, Licenses, and Other Recorded Documents Related to Title to the Real Estate 13 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Andrea Hingley, 429-2797 DATE: 10115/08 PROJECT: 330 &340 W. Bleaker St REPRESENTATIVE: Michael Hoffman Tel: 544-3442 DESCRIPTION The applicant would like to condominiumize the existing duplex located at the above referenced location which is located in the R-6 district. Subdivision is not possible. Parking and limited common elements will need to be clearly identfied. Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization http:Ilwuvw.aspenpitkin.comldeats1381citvcode.cfm Review by: -Staff for complete application - Refen-al agencies for technical considerations Community Development Director for final determination Planning Fees: $735 Deposit for 3 hours of Staff time (additional planning hours over deposit amount are billed at a rate of $245mour) Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. Signed fee agreement. 5. Completed Dimensional Requirements Form. 6. 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. 7. 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 owners right to apply for the Development Application. 8. An 81/2° by 11° vicinity map locating the parcel within the City of Aspen. 9. 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. 10. Copies of prior approvals. .- ~ ...,, ~ ~.~ 11. Additional application material as required for each specific review. (See application packet and land use code) 12. 2 Copies of the complete application packet and maps. Referral Agencies =11ea.; Planning Staff =1 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 mayor may not be accurate. The summary does not create a legal or vested right. w' ~~" Cs. ~.: ATTACHMENT 2 -LAND USE APPLICATION C ;' ~t PROJECT: ~~~I~, ~_,. ., Name: Double D Condominiums ~F~;- ;,.~ 330 West Bleeker Street ~ ~~- Location: Flirt APPLICANT: Name: Bleeker Street Investments, LLC Attn: Peter Rispoli Address: P. O. Box 9559, Aspen, CO 81612 Phone #: (970) 948-9427 RF.PRRCRNTA'fIVF.~ Name: Gafield 8 Hecht, P.C. Attn: Michael Hoffman Address: 601 E. Hvman Avenu Phone#: (970) 544-3442 TYPE OF APPLICATION: (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 Mazgin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ^ Commercial Design Review ^ Lot Split ^ Small Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXISTING CONDITIONS: (deSCOpt10n of existing buildings uses previous approvals, etc.) Two detached duplex units exist on the property PROPOSAL: (de9CI1nt10II OF the condominiumization approval for the two duplex units, as shown on m map, H++ve you attached the following? FEES DUE: $ 735 ~] Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement ® Response to Attachment #3, Dimensional Requirements Form ^ Response to Attachment #4, Submittal Requirements-Including Written Responses to Review Standards ^ 3-D Model for large project Ali plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the applicaton. Large scale projects should include an electronic 3-D model. Your pre-application rnnference summary will indicate t[ you must submit a 3-D model Project: Double D Condominiums Applicant: Bleeker Street Investments, LLC Location: 330 & 340 West Bleeker Street Zone District: R-6 Lot Size: 9.0 0 square et Lot Area: 9.000 square et ~Ct~, •~ l Fln~, (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Number of residential units: Number of bedrooms: Existing: NiA Proposed: Existing: 1 Proposed: Existing: 3 Proposed: NiA 2 Proposed % of demolition (Historic properties only): NiA DIMENSIONS: F1oorArea: Existi»g.•2 ,055 sfAliowabte :4,080 sf proposed: 4,076 sf Principal bldg. height: Ezisling.• IB ~ Allowable : 25' Proposed: 21' Access. bldg. height: Existing: NiA Allowable. • NfA Proposed: N/A On-Site parking: Existing.• 2 Required: 4 Proposed.• 4 %Sitecoverage: Existing:1,458 sfRequired: 3,600 sf proposed: 3,600 sf Open Space: Existing: NiA Required: NiA Proposed.• N/A Front Setback: Existing: 31' Required: 10' Proposed: 13' Rear Setback: Existing: 24' Required: 5' Proposed.• 5' Combined FlR: Existing: i" Required: NiA Proposed: 18' Side Setback; Existing: 12' Reguired.• 10' Proposed: 10' Side Setback: Existing: 38' Required: 10' Proposed: 9' _6~~ Combined Sides: Existing: 40' Required: NiA Proposed: N%A Distance Between Existing N/A Required: 10' Proposed g ~ -6-6"* Buildings Existing non-conformities orenctoachments: _* House 330 moved 4'5" to the west, away from.cottonwaod drip line, per Parks Detaartment. Variations requested: NONE ATTACHMENT 3 `` ~1!~y1 Tt, 1 ll DIMENSIONAL REQUIREMENTS FORM ~ n~.'sv_ ' a~. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT '~ ~~,.: ~",: `'fz ~ ~~ Agreement for Payment of City of Aspen Development Application Fees H ~~, • , ,' ctTY of ASPEN (Hereinafter CITY) ana _Bleeker Street Investments, LLC ~~~~T"'J,t,rY , F` %-'g~ (hereinafter APPLICANT) AGREE AS FOLLOWS: ~FV'`-',.,` . F(~p~ ~ 1. APPLICANT has submitted to CITY an application for FH)' Double D Condominiums (hereinafter, THE PROJECT) 2. APPLICANT understands and agrees that [he City of Aspen has an adopted fee structure for Land Use applications and [he 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 [he proposed project, it is not possible at [his 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 [o APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior [o decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in [he amount of $_735 _ which is for 3 hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for [he processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN Chris Bendon Community Development Director APPLICANT Bleeker Street Investments, LLC By: Peter Rispoli, M ager Date: Billing Address and Telephone Number: P.O. Box 9559 Aspen, Colorado 81612 (970)948-9427 .n,~ ,.., GARFIELD & HECHT, P.C. ASPEN OFFICE 601 EAST HYMAN AVENUE AseEN, COIARADO 81611 TELEexoxE (970)92$-1936 FACStMn.E (970) 920-0433 ATTORNEYS AT LAW AVON OFFICE AVON TOWN SQUARE, UNIT 104 0070 BENCHMARK ROAD POST OFFICE BOX 54$0 Avox,COIARADO81620 TELEPHONE (970) 949-0707 FACSOdR.E (970) 949-1810 GLENWOOD SPRBVGS OFFICE THE DENVER CENTRE 420 SEVENTH STREET, sTE. 100 GLENWOOD SPRPIGS, COIARADO 81601 TELEPHONE (970)947-1936 FACSUIR.E (970) 947-1937 Mr. Chris Bendon Community Development Director City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Siore 19]5 Website: www.gafieldhecht.com E. Michael Hoffman mhotfmaB@garfieldhechtcom (970)544-3442 April 21, 2009 BASALT OFFICE RIVER View PLAZA 100 ELR RUN DR, SurrE 220 BASALT, COLORADO 81621 TELEPHONe:(970)927-1936 FACSIMILE: (970) 927-1939 t"c ^.. I'~rsm. ~, ~~yi .. ~ ; a, a ~ : -In ~; C ?7 i i ~ ~ ~~~~~~Opti~F~) Re: Application packet from Bleeker Street Investments, LLC for Condominiumization of Detached Duplex located at 330 and 340 West Bleeker Street, Aspen Deaz Chris: Enclosed please fmd a Land Use Application packet for Condorniniumization of 330 and 340 West Bleeker Street, Aspen, Colorado. The following aze the documents included: 1. Attachment 2, Land Use Application (two copies); 2. Attachment 3, Dimensional Requirements Form (two copies); 3. Authorization Letter from Peter Rispoli of Bleeker Street Investments, LLC authorizing E. Michael Hoffman to submit and process the Application for Condominiumization (two copies); 4. Check in the amount of $735.00 made out to the City of Aspen as deposit; 5. Executed Agreement for Payment of City of Aspen Development Application Fees, signed by Peter Rispoli for Bleeker Street Investments, LLC (two copies); 6. Condominium Declaration of Double D Condominiums (two copies); Condominium Map of Double D Condominiums. (two copies); and Pre-Application Conference Summary (two copies). Very truly yours, ~~ `,~ BLEEKER STREET INVESTMENTS, LLC P.O. Box 9559 Aspen, Colorado 81612 April 9, 2009 Andrea Hingley Planner, Community Development City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Ms. Hingley, On behalf of the Bleeker Street Investments, LLC (the "LLC"), please accept the enclosed Application for Subdivision Exemption for Condominiumization. Please note that the legal address for the LLC is: P.O. Box 9559, Aspen, Colorado 81612. You may contact me, as Manager of the LLC, if you have any questions at: (970) 948-9427. The Association's representative in this matter is our attorney, Michael Hoffman, Esq., Garfield & Hecht, P.C., 601 E. Hyman Avenue, Aspen, CO 8161 1. You may reach him at 970.544.3442. Sincerely, BLEEKER STREET INVESTMENTS, LLC By: ~ ro Peter Rispoli Manager