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HomeMy WebLinkAboutLand Use Case.1286 Snowbunny Ln.0018.2009.ASLU.~ THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0018.2009.AHPC 2735 01 3 11 003 1286 + 1290 SNOWBUNNY LANE Arew ~2M.aur1G~Q,(r SUBDIVISION EXEMPTION CRAIG M. MELVILLE 3.23.09 CLOSED BY Angela Scorey on 04/30/2009 r~a,rze,~- 2"135 - of - 3-(1-00 __. File Edrc gecord p~ayigate Form Report's Format Tab yep BOO-°-P~~d ~ s~E3- ud a ~ ~~~1iL~ QI~ JMain(Yakration ~cwtamFidds lei IFS IP~~ IFeawamarY I~e«~ ~Attadrnerts~Ro,atinpstads ~Ro~,g a - '. PermT Type aslu .Aspen Land Use Permit Y 0016.2009.ASLU Address 1286 + 1290 SNOWBUNNY LN J Apt~Srite City SPEN State CO o Zip 81611 J ~. - mk lrtarmatiorc.. _.... -: . :. -. __.... _. -:.: ~' Master Permit ~J Routing Queue aslu07 Applied 03(13(2009 Projed _ J Status pending Approved ~J Description SUBDIVISION EXEMPTION (INCLUDES CONDOMINIUMIZATION) Issued ~ J Final ~J Submitted CRAIG W.MELVILLE Clock Running Days ~ Expires 03(062010 J c '_ __ Last Name MELVllLE J _. __ _. _ __. ___ __ Fist Name RALPH P 333 E DURANT AYE ° ` Phone (970)925-7797 ASPEN CO 81611 ~- r Owner Is AppJicant7 _. t "Applicant ___ _. _. ' Last Name MELVILLE ~ First Name RALPH P 333 E DURANT AVE Phone ~- Cust X 21196 ASPEN CO 81611 t. tender -_.__. _. _ --- ~•- 1 Last Name ~J Fist Name ' ;': Phone -__ _.. _ _... _. AspenGold(b). __;. Record:? oF1 C.~G-~$ l D 39 ~ 735-~25~C G ~- ~o /t ~ ~ ~7' Pry G c 22% r .SN'0!r/~UNN~,.%r/81~1Vi~/~^'1 ~/ ~,07'~ ~~`'e~a` ~`' ~N GavNryoF' fir- .,t~ S'T,~Y~ of Gc+~c?,E'/Ik°~~ G,ry nE~~P ~ PROJECT: ATTACHMENT 2 -LAND USE APPLICATION Name: ~~ /¢ ~ //(E'G V`!L. L ~ Location: ~L. ~~o f (~ ~Q ,S!(iYJ k~; (Indicate street address, lot & bock nc E' APPLICANT: g~~ 1, Name: Address: Phone#: "„i 1 ~ Ldt~ V'~ - -.- s+:~.r'~.~J REPRESENTATIVE: :OMh4UNiT'Y DEVELCPMEN"~ Name: Sri M ~ Address: Phone #: 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 ^ Smal] Lodge Conversion/ Expansion ^ Residential Design Variance ^ Lot Line Adjustment ^ Other: ^ Conditional Use EXI S TING t.ON'DITIONS: (description of existing buildings, uses, previous approvals, etc.) // ~~ J/lf~G. EX ~~ S/.T/~A/T/~4L ~2~~P ~ SroR y i2 %o i STD, y PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Have you attached the following? FEES DUE: $ 7 U 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 All 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 application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. L C"F ." MsL. {/~( O ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM Project: Applicant: Location: Zone District: Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mazk, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: ~ Proposed: Number of bedrooms: Existing.•__~Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: Floor Area: Existing.• Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing.• Required: Proposed: Site coverage: Existing.• Required: Proposed.• Open Space: Existing: Required.• Proposed: Front Setback: Existing: .j~ ~ Required: Proposed.• Rear Setback: g: Existin /8' Required.• ~ Proposed: Combined F/R: Existing.• Required.• Proposed.• Side Setback: Existing: !< ; [~ Required: Proposed: Side Setback: Existing: ~Required: Proposed: Combined Sides: Existing.• Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: Variations requested: ~LL CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Andrea Hingley, 429-2797 DATE: 7/31/08 PROJECT: 1290 Snowbunny La REPRESENTATIVE: Eric Gross Tel: 970-963-6363 DESCRIPTION The applicant would like to condominiumize the existing duplex located at the above referenced location which is located in the R-15 district. Subdivision is not possible. Parking and limited common elements will need to be clearly identified. ~~~~i~E~ Land Use Code Section(s) 26.480.090 Condominiumization ~i,~~ 1 " 2~~9 httpalwww.aspenpitkin.comldepts1381citycode.cfm i/~ ~ , ,,; ,;.,rt_ i~; 11Mf1U6'ITv 17ri~,~FLOPMEN? Review by: -Staff for complete application - Referral agencies for technical considerations -Community Development Director for final determination - Note, a public hearing is not required for this proposal unless the Community Development Director determines the request does not meet the review standards. Planning Fees: $735 Deposit for 3 hours of Staff time Total Deposit: 5735 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 owner's right to apply for the Development Application. 8. An 8112" by 11"vicinity map locating the parcel within the City of Aspen. 9. Site improvement survey including topography and vegetation showing the current status, including all easements and vacated rights of way, of the parcel certified by a registered land surveyor, licensed in the state of Colorado. This must be current (within one year) and signed by a surveyor. 10. 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. 11. Copies of prior approvals. 12. Additional application material as required for each specific review. (See application packet and land use code) 13. 3 Copies of the complete application packet and maps. Referral Agencies =1/ea.; 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. ,.. r~ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 18, 2009 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 00018 2009.ASLU, 1286/1290 Snowbunny Lane. Your Land Use Application is incomplete: yyy ~~, 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. Disclosure of ownership. A current certificate from a title insurance company, or attorney licensed to practice in the state of Colorado, that lists 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 (Section 26.304.030 B.3) 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 429-2759 if you have any questions. Thank You, r, •~w,IY/~,"~ Jennifer Phe Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\My Documents\all documents 11.30.07\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees ~~-~ ~^^ ~ ~ „ , CITY OF ASPEN (hereinafer CITY) and (hereinafrer APPLICANT) AGREE AS FOLLOWS: ~~~~ ~~`~ 1. APPLICANT has submitted to CITY an application for ~l)N:hhUN!TV ~F~EL~Ph (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of 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 the application. APPLICANT and CITY further agree that it is in the interes[ of the parties that APPLICANT make paymen[ of an initial deposit and [o thereafrer 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 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 [ha[ it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council [o make legally required fmdings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CTTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ ~3~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 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 ASPIN APPLICANT Chris Bendon Community Development Duector Date: Billing Address and Telephone Number: Required o THE CITY OF ASPEN ASPEN COMMUNI'T'Y DEVELOPMENT 2008 LAND USE APPLICATION FEES CATEGORY HOURS DEPOSIT FIAT FEE Major 12 2,940.00 Minor 6 1,470.00 Staff Approvals 3 735.00 Flat Fee 590.00 Planning Department Hourly Rate 235.00 Board of Adjustment 265.00 Appeals of adverse board and administra[ion 3 735.00 Historic Designation 0.00 Exempt HPC 0.00 Certificate of No Negative Effect 245.00 Minor Development Certificate of Appropriateness 3 705.00 Significant HPC <1000 sq. fr. 6 1,410.00 Significant HPC >1000 sq. fr. 12 2,820.00 Demolition, Partial Demolition, Relocation 2,820.00 Insubstan[ial Amendment [o an approved Certificate of Appropriateness 0.00 Substantial Amendment to an approved Certificate of Appropriateness 675.00 HPC Appeals 3 705.00 Development Order Recordation Fee 45.00 Land Use Code Interpretations 50.00 Appeals of Land Use Code Interpretations 3 735.00 Referral Fees -Environmental Health Major 410.00 Referral Fees -Housing Major 410.00 Minor 212.00 Referral Fees -City Engineer Major 410.00 Minor 212.00 Referral Fees - Pazks Major 410.00 Minor 212.00 ,-.. t CONDOMINIUM DECLARATION OF MELVII,LE CONDONIINIUMS ~;-~, s ~ 2o~s ;UMMU^J;7~` DF'.!E! ;?MEN;,' f THIS DECLARATION is made on the date set forth below by Ralph P. Melville, Marian H. Melville, Craig W. Melville and Teresa M. Lee-Melville ("Declarants"). RECITALS: A. Declarants are the owners, as tenants in common as to an undivided 25% each, of certain real estate in Pitkin County, Colorado, which is more particulazly described as City and Townsite of Aspen (the Real Estate); and B. Declarants desire to create a Condominium Common Interest Ownership Community on the Real Estate, the name of which is Melville Condominiums, in which portions of the Real Estate will be designated for separate ownership; and C. Declarants have recorded a Condominium Map in Plat Book _ at Page _ of the Pitkin County records. ARTICLE 1 SUBMISSION: DEFINED TERMS Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereof. Additionally, Declazants hereby submits the real estate to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as it may be amended from to time (the "Act", also referred to as CCIOA). In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the Condominium Map shall have the meaning specified or used in the Act. -1- p.. ARTICLE 2 NAMES: DESCRIPTION OF REAL ESTATE CCIOA CONDOMINIUM. Section 2.01. Names ' y y ..y M'<.f ~..(9J'.~~~ ®aL YY ~ d Y ~ a,Q ~`~1i 1 ~ Lu"~9 u, :~r ~' ~ L= ;f?MMun r~' 7FVt~ , ~,,,~Pa, (a) Condominium. The name of the Condominium is the Melville Condominiums (the "Condominium"). This Common Interest Community is a Condominium regime. (b) Association. There shall be no homeowners association. Section 2.02. Real Estate. The Condominium is located in Pitkin County, State of Colorado, on Real Estate described above. ARTICLE 3 UNTI'S Section 3.01. Number of Units. The number of Units in the Condominium is two (2). The Declarants reserve no rights to create additional Units. Section 3.02. Identification of Units. The identification name or number of each Unit is shown on the Condominium Map. The Units are named Unit 1286 and Unit 1290. Section 3.03. Unit Boandaries/Maintenance and Renair. The boundaries of each Unit aze located as shown on the Condominium Map and are more particulazly described as the exterior walls, floors and roofs of each Unit. The wall between the units shall be a Common Element. Each owner shall be solely responsible for all repairs and maintenance related to his/her Unit and there are no shared expenses between the Unit Owners except as related to the Driveway Area as set forth in Article 5, below. Section 3.04. Subdivision of Units. A Unit shall not be further subdivided. Section 3.05. Mechanics Lien. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Unit Owner thereof or his agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien against the Unit of any other Unit Owner not expressly consenting to or requesting the same or against any interest in the common elements except the undivided interest therein appurtenant to the Unit of the Unit Owner for whom such labor shall have been performed and such materials shall have been famished. Each Unit Owner shall indemnify and hold harmless the other Unit Owner from and against liability or loss arising from the claim of any lien against the unit, or any part thereof, or any other Unit Owner for labor performed or for materials famished in work on the first owner's unit. Any Unit Owner shall have the right to enforce such indemnity by -2- collecting from the owner of the Unit on which the labor was performed and materials famished the amount necessary to dischazge any such lien, including all costs incidental thereto, including attorneys' fees. ARTICLE 4 COMMON ELEMENTS AND LIlVIITED COMMON ELEMENTS Section• 4.01. Common Elements. (a) The "Common Elements" means all portions of the Condominium other than the Units. They shall be owned jointly by the Unit owners according to the respective percentages of their pro rata shaze of Limited Common Elements appurtenant to their Units. (b) Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of all Limited Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing, said obligations shall include keeping the Limited Common Elements in good, clean, attractive and sanitary condition, order and repair; removing snow or any other materials from the common elements to permit access to the Condominiums and any Unit; keeping the Common Elements attractive and desirable and making necessary or desirable alterations, additions, betterments or improvements to or on the common elements, and paying utility chazges which are applicable to each Unit even if such chazge is made by a shared meter or invoice. (c) If damage is inflicted, or a strong likelihood exists that it will be inflicted, any the common elements or any Unit, the Unit Owner responsible for the damage, or expense to avoid damage, is liable for the cost of prompt repair. Section 4.02. Limited Common Elements. (a) A "Limited Common Element" means a portion of the Common Elements, designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use of one but not both Units. (b) The following portion of the building, in addition to the portions described in Section 38-33.3-202(1)(b) and (d) of the Act, aze designated as Limited Common Elements: (i) the lawn, driveway and pazking areas as shown on the Condominium map; (ii) any chute, flue, duct, wire, conduit, pipe, cable, bearing wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or any portion thereof; -3- vim. (iii) shutters, awnings, window boxes, doorsteps, stoops, porches, roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit but located outside the unit's boundaries; (iv) balconies, patios or decks; (v) doors leading from Units to balconies, and their related frunes, sills and hazdwaze. Section 4.03. Allocation of Specified Common Element. The only Common Element for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium Map. ARTICLE 5 MAINTENANCE. REPAIIt AND REPLACEMENT Section 5.01. Unit. Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of his/her Unit. Without limiting the generality of the foregoing, said obligations shall include but not be limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair, including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc. which are located within the walls, ceilings and floors of each Unit. Section 5.02. Limited Common Elements. Because each of the Units have been designated a specific yard area surrounding the Unit as a Limited Common Element, and because these areas aze somewhat different with regazd to landscaping and size, the squaze footage of driveway and sidewalk areas and snow removal requirements, the cost for work associated with each of the Unit's~yazd areas shall be allocated to each Unit accordingly. With regard to installation of new landscaping or fencing on the Limited Common Elements, written consent must first be obtained from the other Unit Owner, which consent shall not be unreasonably withheld so long as the planned landscaping and/or fencing does not unreasonably negatively impact the other Unit Owner, but costs for such new installation shall be borne solely by the Unit Owner requesting the same. Section 5.03. Roof and Party Wall. A portion of the roof at the rear of Unit 1290 overhangs into the airspace of Unit 1286. The Unit 1290 owner shall have the right to access and maintenance of this roof area. Each owner agrees to allow the other to access that potion of the other Unit for the purposes of maintaining any portion of the wall between the units or the Owner's roof. ,. -4- ,-, f ~. . r~. ARTICLE 6 RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY Section 6.01. No Noxious Offensive. Hazardous or Annovine Activities. No noxious or offensive activity shall be carried on upon any part of the Condominium nor shall anything be done or placed on or in part of the Condominium nor shall anything be done or placed on or in part of the Condominium which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the Condominium and no improvements shall be made or constructed on any part of the Condominium which are or might be unsafe or hazazdous to any person or property. No sound shall be emitted on any part of the Condominium which is unreasonably loud or annoying. No odor shall be emitted on any part of the Condominium which is noxious or offensive to others. No light shall be emitted from any part of the Condominium which is unreasonably bright or causes unreasonable glare. Section 6.02. No Unsi¢htliness. No unsightliness shall be permitted on or in any part of the Condominium. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appeazance. Section 6.03. Maintenance of Units and Common Elements. Each Unit exterior and the common elements and limited common elements shall be maintained in a clean, safe, attractive and sightly condition and in good repair. No major alterations to the exterior of a Unit or with respect to any common elements shall be made without the prior written consent of both Unit Owners. Section 6.04. Owner Caused Damaee. If, due to the act or neglect of a Unit Owner, loss or damage shall be caused to any person or property, including the Condominium or any Unit therein, such Unit Owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Unit Owner. Section 6.05. No Impairment of Structural Inte¢rity. Nothing shall be done, without the written consent of the other Unit Owner, in, on or to, any Unit or the common elements, or any portion thereof, which might impair the structural integrity of the Condominium. -5- 0"' '• Section 6.06. No Violation of Rules. No Unit Owner shall violate the provisions of this Declaration. In the event any Unit Owner is required to seek enforcement through legal proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner. Section 6.07. Responsibilities of Owners. Whenever this Declaration or any rule or regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner and any provision of the Declaration or rule or regulation is violated by a tenant, licensee or guest of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be responsible for any such violation to the same extent as if the Unit Owner had committed the same (except to the extent that such liability is prohibited by law). Section 6.08. Restrictions of Alienation. A Unit may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. ARTICLE 7 INSURANCE Section 7.01. Insurance Requirements Generally. Commencing upon purchase of a Unit, each Unit Owner shall obtain and maintain in full force and effect at all times certain property, liability and other insurance as hereina8er provided. All such insurance shall be obtained, from responsible companies duly authorized to do insurance business in the State of Colorado. All such insurance, to the extent possible and applicable, shall name the other Unit Owner as an additional insured. Section 7.02. Property Insurance. (a) Each Unit Owner shall obtain and maintain property insurance insuring the entirety of his/her Unit and its appurtenant L.C.E.s against loss or damage by fire and such other hazazds as aze covered under standazd extended coverage policies, vandalism and malicious mischief. (b) The total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. Such insurance must include the exterior Units as well as the finished interior surfaces of the walls, floors, and ceilings of the Units. The insurance shall include improvements and betterments installed by Unit Owners. Section 7.03. General Liability Insurance. Each Unit Owner shall obtain and maintain general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements in the amount of $1,000,000.00 for each occurrence including bodily injury and/or property damage, insuring the Unit Owner and his/her respective employees, agents, and all persons acting as agents. The other Unit Owner shall be -6- ~- i included as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the common elements. The insurance shall cover claims of one or more insured parties against other insured parties. Section 7.04. Insurance by Owners. Each Unit Owner shall be responsible for obtaining incnrance he or she deems desirable for his or her Unit, including insurance covering furnishings and personal property belonging to that Unit Owner and covering personal liability of that Unit Owner. Section 7.05. Destruction or Damaee to Proaerty. (a) Any portion of the Condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner unless the Condominium is terminated, or repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or one hundred percent (100%) of the Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the Condominium rightfully demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is an expense to be borne solely by the Unit Owner affect, i.e•, the Unit Owner of the Unit or its appurtenant L.C.E.s. ARTICLE 8 NIISCELLANEOUS Section 8.01. Amendment of Declaration. This Declaration may be amended pursuant to Section 38-33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map shall be prepazed, executed, recorded, and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Declaration or to the Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Declazation must be recorded in Pitkin County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one year after the amendment is recorded. Section 8.02. Successors and Assi~s. This Declaration shall be binding upon and shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal representatives, successors and assigns. Section 8.03. Severability. Invalidity or unenforceability of any provisions of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. -7- r `,.. Section 8.04. Captions. The captions and headings in this instrument aze for convenience only and shall not be considered in construing any provisions of this Declaration. Section 8.05. No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. IN WITNESS WHEREOF, the Declazants have caused this Declaration to be executed this day of , 2009. DECLARANTS: ,. Ralph P. Melville r ~? Teresa M. Lee-Melville Craig W. Melville STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Marian H. Melville The foregoing was subscribed and sworn to before me this day of , 2009, by Teresa M. Lee-Melville, Craig W. Melville, Marian H. Melville, and Ralph P. Melville Witness my hand and official seal. My commission expires: Melville\condo.dec Notary Public -8- ~' l ~ s..f CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT GENERAL LAND USE APPLICATION PACKET THE CITY OF ASpEn Attached is an Application for review of Development that requires Land Use Review pursuant to the City of Aspen Land Use Code. Included in this package are the following attachments: 1. Development Application Fee Policy, Fee Schedule and Agreement for Payment Form 2. Land Use Application Fonn 3. Dimensional Requirements Form 4. Matrix of Land Use Application Requirements/Submittal Requirements Key 5. General Summary of Your Application Process 6. Public Heazing Notice Requirements 7. Affidavit of Notice All applications are reviewed based on the criteria established in Title 26 of the Aspen Municipal Code. Title 26 ofthe Aspen Municipal Code is available at the City Clerk's Office on the second floor of City Hall and on the Internet at www.asoenpitkin.com ,City Departments, City Clerk, Municipal Code, and search Title 26. We strongly encourage all applicants to hold apre-application conference with a Planner in the Community Development Department so that the requirements for submitting a complete application can be fully described. Also, depending upon the complexity of the development proposed, submitting one copy of the development application to the Case Planner to determine accuracy, insufficiencies, or redundancies can reduce the overall cost of materials and Staff time. Please recognize that review of these materials does not substitute for a complete review of the Aspen Land Use Regulations. While this application package attempts to summarize the key provisions of the Code as they apply to your type of development, it cannot possibly replicate the detail or the scope of the Code. If you have questions which are not answered by the materials in this package, we suggest that you contact the staff member assigned to your case or consult the applicable sections of the Aspen Land Use Regulations. ATTACHMENTI CITY OF ASPEN DEVELOPMENT APPLICATION FEE POLICY The City of Aspen, pursuant to Ordinance 48 (Series of 2006), has established a fee structure for the processing of land use applications. A flat fee or deposit is collected for land use applications based on the type of application submitted. Referral fees for other City departments reviewing the application will also be collected when necessary. One check including the deposit for Planning and referral agency fees must be submitted with each land use application, made payable to the City of Aspen. Applications will not be accepted for processing without the required application fee. A flat fee is collected by Community Development for Administrative Approvals which normally take a minimal and predictable amount of staff time to process. The fee is not refundable. A deposit is collected by Community Development when more extensive staff review is required, as hours are likely to vary substantially from one application to another. Actual'staff time spent will be charged against the deposit. Several different staff members may charge their time spent on the case in addition to the case planner. Staff time is logged to the case and staff can provide a summary report of hours spent at the applicant's request. After the deposit has been expended, the applicant will be billed monthly based on actual staff hours. Applicants may accrue and be billed additional expenses for a planner's time spent on the case following any hearing or approvals, up until the applicant applies for a building permit. Current billings must be paid within 30 days or processing of the application will be suspended. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. In no case will Building Permits be issued until all costs associated with case processing have been paid. When the case planner determines that the case is completed (whether approved or not approved), the case is considered closed and any remaining balance from the deposit will be refunded to the applicant. Applications which require a deposit must include an Agreement for Pavment of Development Application Fees. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application and fee in order for a land use case to be opened. The current complete fee schedule for land use applications is listed on the next page. ,~ ~~ a; .~ .. ~. ~' 7 w E Q' C °' ~ 3 ~ ~ a .d 0 fA ~ H y~ v, Z v d CW « v G ~ W O G. 'O d 0 y U Z U N ~ ~ E F Q ~ U ° J h aF~ Q a W 5 E y E o U N O ~ p Q O J ~ v J LL " m O .~ 1i r ~ X G ~ a N O L .~ a' ~ c. H a a ~ Z v = W sa¢ ~ C 2 ~ o Q ~ l3 ~ ~ a '~ C N' N y V V 7 ti a °~' v' L a °, ~ ^ W ~b~ .4 N 4 ~ ~_ U G. ~ fC .... ~..~ a d e ~; ~ ~ N N N ~ G 7 •. 0 4 ,, 0. v ~ L a. 6. V R ~ ' 0 8 .°. •°. 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The street address and legal description of [he parcel on which development is proposed to occur. 3. A disclosure of ownership 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 [he owner's right to apply for the Development Application. 4. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 5. A site improvement survey including topography and vegetation showing the curent status of the parcel certified 6y a registered land surveyor, licensed in the State of Colorado. (This requirement, or any part thereof, may be waived by the Community Development Department if the project is determined not to wartanl a survey document.) 12. Accurate elevations (in relation to mean sea level) of the lowest Door, including basement, of all new or substantially improved structures; a verification and recordation of the actual elevation in relation to mean sea level to which any stmc[ure is conswcled; a demonstration that all new constmction or substantial improvements will be anchored [o prevent flotation, collapse or lateral movement of any structure to be conswcted or improved; a demonstration that the stmcture will have the lowest floor, including bazement, elevated to at least two (2) feet above the base flood elevation, all as certified by a registered professional engineer or architect. 13. A landscape plan that includes native vegetative screening of no less than fifty (50) percent ofthe development az viewed from the rear (slope) of the parcel. All vegetative screening shall be maintained in perpetuity and shall be replaced with the same or comparable material should it die. 14. Site sections drown by a registered architect, landscape architect, or engineer shall be submitted showing all existing and proposed site elements, the top of slope, and pertinent elevations above sea level. I5. Proposed elevations of the development, including any rooftop equipment and how it will be screened. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop relationship to the land and it's equipment and how it will be screened. suroundings. 7. A written description of [he proposal and a written explanation of how a proposed development complies with the review standards relevant [o [he development application. 8. Plan with Existing and proposed grades at two-foot contours, with five-foot intervals for grades over [en (10) percent. 9. Proposed elevations of the development 10. A description of proposed construction techniques [o be used. 11. A Plan with the 100-year Ooodplain line and the high water line. 17. A sketch plan of the site showing existing and proposed features which are relevant to the review. 18. One (1) inch equals four hundred (400) feet scale city map showing the location of the proposed subdivision, all adjacent lands owned by or under option to the applicant, commonly known landmarks, and the zone district in which the proposed subdivision and adjacent properties are located. I9. A plat which reflects [he layout of the lots, blocks and stmctures in the proposed subdivision. The plat shall be drawn at a scale of one (I) equals one hundred (100) feel or larger. Architectural scales are not acceptable. Sheet size shall be twenty-four (24) inches by thirty-six (36) inches. If it is necessary to place the plat on more than a one (I) sheet, an index shall be included on the first sheet. A vicinity map shall also appear on the first sheet showina the subdivision as it relates rystem in [he area of the proposed subdivision. The contents of the plat shall be of sufficient detail to delernine whether the proposed subdivision will meet [he design standards pursuant to Land Use Code Section 26.480.060(3).20. Subdivision GIS Data. 21. A landxape plan showing location, size, and type of proposed landscape features. 22. A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title indicating [hat no further subdivision may be granted (or these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. 23. The precse wording of any proposed amendment 24. Site Plan or plans drawn to a scale of one (1") inch equals ten (10') feet or one (1") inch equals twenty (20') feet, including before and "after" photographs (simulations) specifying the location of antennas, support stmctures, transmission buildings and/or other accessory uses, access, parking, fences, signs, lighting, landscaped areas and sll adjacent land uses within one-hundred fifty (150') feet. Such plans and drawings should demonstrate compliance with the Review Standards of this Section. 25. FAA end FCC Coordination. Statements regarding the regulations of the Federal Aviation Administration (FAA) and [he Federal Communications Commission (FCC). 26. Structural Integrity Report from a professional engineer licensed in the State of Colorado. 27. Evidence [hat an effort was made to locate on en existing wireless telecommunication services facility site including coverage/interference analysis and capacity analysis and e brief statement az [o other reasons for success or no success. 28. Neighborhood block plan at I "=50' (available from City Engineering Department) Graphically show [he front portions of all existing buildings on both sides of [he block and their setback from the sheet in feet. Identify parking and front entry for each building and locate any accessory dwelling units along the alley. (Continued on next page) Indicate whether any portions of the houses immediately adjacent to the subject parcel ere one story (only one living level). 29. Roof Plao. 30. Photographic panorama. Show elevations of all buildings on both sides of the block, including present wndition oC the subject property. Label photos and mount on a presentation board 31. A condominium subdivisbn exemption pWt drawn with permanent ink on reproducible rtrylar. Sheet siu shall be twenty-fom (24) inches by thirty-six (36) inches with an unencumbered margin of one and one-half (1 I/2) inches on the left hand side of the sheet and cone-half (1!2) inch margin around the other tlvee (3) sides of the sheet pursuant m Land Use Code Section 26.480.090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking, open space areas, infrazwcture improvements, and site drainage. 33. Anarchitectunl character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 36. Eaterior Lighting Plan. Show the location, height, type and luminous intensity of each above grade fixture. Estimate the site illumination az measured in foot candles and include minimum, maximum, and average illumination. Additionally, provide comparable examples already in the community that demonstrate technique, specification, and/ or light level if they exist. 74. A writtrn description of the variance being requested. ~, ATTACHMENTS DEVELOPMENT REVIEW PROCEDURE 1. Attend pre-application conference. During this one-on-one meeting, staff will determine the review process which applies to your development proposal and will identify the materials necessary to review your application. 2. Submit Development Application. Based on your pre-application meeting, you should respond to the application package and submit the requested number of copies of the complete application and the appropriate processing fee to the Community Development Deparhnent. 3. Determination of Completeness. Within five working days of the date of your submission, staff will review the application, and will notify you in writing whether the application is complete or if additional materials are required. Please be aware that the purpose of the completeness review is to determine whether ar not the information you have submitted is adequate to review the request, and not whether the information is sufficient to obtain approval. 4. Staff Review of Development Application. Once your application is determined to be complete, it will be reviewed by the staff for compliance with the applicable standards of the Code. During the staff review stage, the application will be refen•ed to other agencies for comments. The Planner assigned to your case or the agency may contact you if additional information is needed or if problems are identified. A memo will be written by the staff member for signature by the Community Development Director. The memo will explain whether your application complies with the Code and will list any conditions which should apply if the application is to be approved. Final approval of any Development Application which amends a recorded document, such as a plat, agreement or deed restriction, will require the applicant to prepare an amended version of that document for review and approval by staff. Staff will provide the applicant with the applicable contents for the revised plat, while the City Attorney is normally in charge of the form for recorded agreements and deed restrictions. We suggest that you not go to the trouble or expense of preparing these documents until the staff has determined that your application is eligible for the requested amendment or exemption. 5. Board Review of Application. If a public hearing is required for the land use action that you are requesting, then the Planning Staff will schedule a hearing date for the application upon determination that the Application is complete. The heazing(s) will be scheduled before the appropriate reviewing board(s). The Applicant will be required to mail notice (one copy provided by the Community Development Department) to property owners within 300 feet of the subject property and post notice (sign available at the Community Development Department) of the public hearing on the site at least fifteen (15) days prior to the hearing date (please see Attachment 6 for instructions). The Planning Staff will publish notice of the heazing in the paper for land use requests that require publication. The Planning Staff will then formulate a recommendation on the land use request and draft a memo to the reviewing boazd(s). Staff will supply the Applicant with a copy of the Planning Staffs memo approximately 5 days prior to the heazing. The public hearing(s) will take place before the appropriate review boazds. Public Hearings include a presentation by the Planning Staff, a presentation by the Applicant (optional), consideration of public comment, and the reviewing boazd's questions and decision. 6. Issuance of Development Order. If the land use review is approved, then the Planning Staff will issue a Development Order which allows the Applicant to proceed into Building Permit Application. 7. Receipt of Building Permit. Once you have received a copy of the signed staff approval, you may proceed to building permit review. During this time, your project will be examined For its compliance with the Uniform Building Code. It will also be checked For compliance with applicable provisions of the Land Use Regulations which were not reviewed in detail during the one step review (this might include a check of floor area ratios, setbacks, parking, open space and the like). Fees for water, sewer, pazks and employee housing will be collected if due. Any document required to be recorded, such as a plat, deed restriction or agreement, will need to be reviewed and recorded before a Building Permit is submitted. f' y ATTACHMENT6 PUBLIC HEARING NOTICING REQUIREMENTS Three forms of notice are required by the Aspen Land Use Regulations: publication in the newspaper, posting ofthe property, and mailing to surrounding landowners. Following is a summary of the notice requirements, including identification of who is responsible for completing the notice. I. Publication -Publication of notice in a paper of general circulation in the City of Aspen is to be done at least fifteen (15) days prior to the hearing. The legal notice will be written by the Community Development Department and we will place the notice in the paper within the appropriate deadline. 2. Posting -Posting of a sign in a conspicuous place on the property is to be done fifteen (15) days prior to the hearing. It is the applicant's responsibility to obtain a copy of the sign from the Community Development Department, to fill it in con•ectly and to bring proof to the hearing that posting took place (use attached affidavit). 3. Mailing -Mailing of notice is to be made to all owners of property within 300 feet of the subject development parcel by the applicant. It is the applicant's responsibility to obtain a copy of the notice from the Community Development Department, to mail it according to the following standards, and to bring proof to the hearing that the mailing took place (use attached affidavit). Notice to mineral Estate Owner. An Applicant for surface Development shall notify affected mineral estate owners by at least thirty (30) days prior to the date scheduled for the initial public hearing on the application for development. The applicant shall certify that the notice has been provided to the mineral estate owners. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of public hearing. /^, ~. ATTACHMENT 7 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E), ASPEN LAND USE CODE ADDRESS OF PROPERTY: , Aspen, CO SCHEDULED PUBLIC HEARING DATE: , 200_ STATE OF COLORADO ) ss. County of Pitkin ) I, (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice, which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public heazing and was continuously visible from the day of 200_, to and including the date and time of the public hearing. A photograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred (300) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public heazing. A copy of the owners and governmental agencies so noticed is attached hereto. (continued on next page) ~, s Rezoning or text amendment. Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (1 S) days prior to the public hearing on such amendments. Signature The foregoing "Affidavit of Notice" was acknowledged before me this _ day of , 200_, by WITNESS MY HAND AND OFFICIAL SEAL My commission expires: Notary Public ATTACHMENTS: COPYOF THE PURL/CAT/ON PHOTOGRAPH OF THE POSTED NOTICE (SIGN) LIST OF THE OWNERS AND GOVERNMENTAL AGENCIES NOTICED BYMAIL ~_ RECEPTION#: 558192, 04/23/2009 t 10:10:21 AM, '~ t of 8, R $41.00 Doc Code COND DECI_AR Janice K. Vos Caudill, Pitkin County, CO THIS DECLARATION is made on the date set forth below by Craig W. Melville, Teresa M. Lee-Melville, Ralph P. Melville, and Marian H. Melville, ("Dechnants'7. RECITALS: A. Declararns are the owners, as tenants in common as to an undivided 25X each, of certain real estate in Pitlort County, Colorado, winch is more particularly described as Lot 5, Block 2, Snovvbtmny Subdivision according to the plat thereof, recorded May 2,1957 in plat book 2A at page 229 also k~wn as 1286 and 1290 Sitiowbunny Lane, City am Townsite of Aspen (the Real Estate); and B. Declarants desire to create a Condominium Common Interest Ownership Community on the Real Estate, the name of which is Melville Condominiums, in which portions of the Real Estate will be designated for separate ownrrslrip> and C. Declarants have recorded a Condominium Map in Plat BookQo at Page ~ of the Firkin County ra:ords. ARTICLE 1 3IiRML~SION: DE_w'!1~TR_D TF_RMS Section 1.01. Snbmissilen of Real Estate. (a) Declarants hereby declare that all of the Real Estate shall beheld or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which,are for the purpose ofprotecting the value and desirability of, and which shall run with the Real Estate and be binding upon all parties having a~+ right, title or intraest in the Real Estate and their assigns and shall imrre to the befit of each Owner thereof. Additionally, Declarants hereby submits the real estate to the provisions ofthe Cokrca~ Common Interest Ownership Ad, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as it may be amended from to time (the "Act", also refen+ed to as CCIOA). In the event the Act is repealed, the Act, on the effective date of this Declaration, shall remain applicable. Seetioa 1.02. DeSaed Terms. Each capitalized team not otherwise deSned in this Declaration or in the Condominium Map shall have the meaning specified or used in the Act. -1- ARTICLE 2 E rATE .rc nver~urnlflON OF RF~AJ ,•••••. rc'IOA CONDO~- Section 2.01. ~ (a) Condomrolrrm. Tl~ name of the Condominium is the Melville Condominiums (the "fond°miniuan'~. This Common hest Community is a Condominium regime. ~) . There shall be ~ homeowners association. n ~~ 'fhe Condominitnn is located in Pitkin CountY> State of Colorado, on heal Estate detxa~ibed ~Ve• ARTICLE 3 ~jomh~re of Units. The numbet of Units in the Condominium is two (2). The Declarants reserve ~ rights ib create addi$o~l Units. rr...HRc~tinn of Unit. The identification name or number of each Unit is shoa~n~on the Condominium Msp. The Umts are named Unit 1286 and Unit 1290. 3 ~. ~ ' .The boundaries of each and are more Particularly described as the Unit are located as shown on the Condominium Map exterior walls, floors and roofs of each Unit. The wall be4vveen~ ~~ beret her Element Each ownex shall be solely responsible for all repairs Unit and there are rbo shared expeases between the Unit Owners except as related to the Driveway Area as set forth in Article 5, below. cation 3,04, ~ bdivision of Units. A Unit shall r~R be fittt)ier' subdivided. cr,~n 3.05. NO labor ~~ °r materials ~~ for use in connection with any Unit with the consrAt or at the request of the Unit Owner thereof or his agem, conuactod'> or subcontractor shall create any right do file a statement of mechanic's lien against the Unit of any other Unit Owner not expressly canserthng to or req»eshng the same or against mry interest in the elements except the undivided i therein apptu'tenant to the Unit of the Unit Ownex for whom such labor shall have bees performed and such materials shall have been 5anished. Each Unit Owrra shall indemnify and hold hamoless the other' Unit Owner, &~n a~ liability or loss arising from the claim of any lien against the nnit, or any part ilrerooL or any other Unit Owner' for labor Performed or for materials fumishod in work on the first ownets umt..einy Unit Owner shall have the right w enforce such indemnity by -2- ,., ...> collecting from the owner of the Unit on which the labor was perfom~ed and materials famished the amount noces9an+ to discharge an)+ such lien, i>xhiding all costs incidental thereto, including attorneys' fees. ARTICLE 4 COMMON t+.r.Ft~rrrc AND LIl~IITED COMMON ELEMENTS Section 4.A1. Common Elements. (a) The "Common Elements" means all portions of the Condominium other than the Units. They shall be owned jointly by the Unit owmas acxotding to the respective percentages of their pro rata share of Limited Common Elemems apptntenam W their Units. (b) Each Unit owner shall be obligated to and shall provide for tin: care, operation, management, maintetiatice, improvement, repair and replacement of all Limited Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing, said obligations shall include kxping the Limited Common Elements in goad, clean, attractive and sanitary condition, order and repair, renioviog senw of any other materials from the common elements W permit axesa to the Condominiums and a~ Unit; keeping the Common Elements attractive and desirable: and making nacxssary or desirable alterations, additions, bette<ments or improvements m or oa the common elements, and paying utility charges which ate applicable to each Unit even if such charge is made by a sharod meter or invoice. (c) If damage is inflictcd, or a gong li7~elihood exists that it will be inflicted, upon a~+ of the common elements or a~ Unit, the Unit Owtret responsible for the datoage, or expense to avoid damage, is liable for ffie oost of prompt repair... Section 4.82. >ihnited Cotnmoa Eksenb. (a) A "Limited Common Element" means a portion of the Common Elenvents, desigmtod in this Dechttation, or oa the Condominium Map, or by the Act, for the exclusivc use of one but not both Units. (b) The following portion of the building, in addition to the portions described in Section 38-33.3-202(1 xb) and (d) of the Ad, are designated as Limited Comrnon Elements: (i) die lawn, driveway and parking areas as shownon the Condominium map; (ii) any chute, flue, duct. wire. conduit, Pipe. cable, bearitrg wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or a~+ portion th«eof, -3- .*~ .^+ (iii) shutters, awnings, window boxes, doorsteps, scoops, porches, roof overhangs, balconies, and patios a~ all exterior doors and windows or other 8xdu+es designed to serve a single Unit but located outside the unit's boundaries; (iv) balconies, patios or decks; (v) doors leading from Units to balconies, and their related frames, sills and hardware. Section 4.03. Atlncation of Snccified Common Element. The only Commart Element for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium Map. ARTICLE 5 MAINTENANCE. REPAIR AND REPLACEMENT Section 5.01. Ur ~ t. Each Unit owner shall be obligated to and shall provide for the care, operation, managemem, maintenanx> improvement, repair and replecemeat of his/~r Unit. Without limiting the generality of the foregoing, said obligations shall include but not be limited w keeping the Unit in good, clean, attractive and sanitary rnndition, order and repair, including all interior a~ exterior surfaces, roofs, and all Pipes. utility lines, etc. which are located within the walls, ceiling and floors of each Umt. Se~lioa 5,02, Because each of the Units have been designated a specific yard area surrounding the Unit as a Limited Common Element, and because these areas ate somewhat differcet with regard to landscaping and size,. the square footage of driveway and sidewalk areas and snow removal requirements, the cost for work associated with each of the Unit's yard areas shall be allocated to each Unit accordingly. With regard to installation of new landscaping or fencing on the Limited Common Elements, written consent must Srst be obtained from the other Unit Owner, which consort shall not be unreasonably withheld so long as the planned landscaping and/or fencing does not »nreasonably negatively impact the other Unit Owner, but costs for arch new installation shall be borne solely by the Unit Owner roq~ting the same. Section 5.03. Roof and Party WaO. A portion of the roof at the rear of Unit 1290 overhangs into the airspace of Unit 1286. The Unit 1290 owner shall have the right to access and maintenance of this roof area. Each owner agrees to allow the other to access that potion of the other Unit for the purposes of mair~ining any portion of the wall between the units or the Owner's roof. -4- ARTICLE 6 RESTRICTIONS ON USE. ALIENATION AND OCCUPANCY Serkion 6.01. No Nozieru. Ogeasive. Haardoas or Annorina AdivNia. No noxious or offensive activity shall be curried ~ upon any part of the Conclominitmt nor shall anything be done or placed on or in part of the Co~ominium nor shall anything be dome ~ placed on or in part of the Condominium which is or may biome a mrisance or cause embmrassmeat, disturbance or annoyance to others. No activity shall be conducted on any pad of the Condominium and be improvements sha11 be made or ~nstnrcted on a~ pant of the Condominium which are or might be unsafe or hazeu+dous to a~ person or property. No sound shall be emitted on any part of the Condominium which is umeasonab~y loud or annoying. No odor shall be emitted on a~ pad of the Condomiruiunt which is noxious of offensive to others. No light shall be emitted from a>uy pad of the Coadomiriurm which is tnreasonabty bright or causes rmreasonable glare. Section 6.02. No Unsie6t6aw. No unsightliness shall be permitted on or in auy part of the Condominium. Without limiting the generality of the foregoing, aot6iag shall be kept or stored on or in any of the common elements, nothing shall be hung or placed on a>uy of the common elements, and nothing shall be phuood on or in windows of doors of amts which would or might create an umsightlY aPP• Section 6.03. Ma~teeaaee of Units and Common Ekaaents. Each Unit exterior and the common elements and limited cornnnom elemems shall be maid in a clew, safe, attractive and sightly condition and in good repair. No major atferations to the exterior of a Unit or with respect to any common elements shall be made without the prior written consent of both Unit Owmers. Section 6.04. C 11:, due to the ad or neglect of a Unit Owner, loss or damage shall be caused to any person or property, including the Condominium ~ any Unit therein, such Unit Owma shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Unit Owner. Section 6.05. No Immirmoat of Stractaral Inte~ity. Nothing shall be done, without the written ooa~ent of the other Unit Owner, in, on or to, any Unit or the common ekment4, or any portion thaeot, which might impair the strocUral i~grity of the Condominium. -5- e~w Section 6.06. No Viohtioa of Roles. No Unit Owner shall violate the provisions of this Declaration. In the event any Umt Owrar is required to seek enforcement through legal proceedings, all attomcys' fees, costs and expenses shall be paid by the defaulting Owner. Section 6.07. ResooasibiN~ia of Owners. Whenever this Declaration or any rule or regulation of the Association prohibits any action of, or assigns responsibility to, any Unit Owner and a~ provision of the Declaration or rule of regulation is violated by a tenant, licxnsee or guest of any Unit Owner (or anyone oceupying the premises with his consent), the Umt Owner shall be responsible for a~ such violation to the same extent as if the Unit Owner had committed the same (except to the extesbt that such liability is proln'bited by law). Section 6.08. Res of Alieaatioa. A Unit may not be conveyed pursuant to a time-sharing t descn'bed in Sectiaats 38-33-110 to 113, Colorado Revised Statutes. ARTICLE 7 IlNSURANCE Seetioa 7.01. Commencing upon pumJrase of a Unit, each Unit Owns shall obtain and noai~in in full force a~ effect at all times certain ptoperiy, liability and other inwaaocx as hereinafter' provided. All snch inWaant:e shall be obtained, fig responsible companies duly authorized to do iostusntx business in the State of Colorado. All such iawrrmcx, to the exteffi possible and applicable, shalt r~ the other Unit Owner as an additional iustued. Section 7AZ. Properly Iasarance. (a) Each Umt.Owna shall obtain and maintain properly insuuance insuring the entirety of his/her Unit and its L.C.E.s against toes or damage by Sr+e and such other hazards as are covered under d extended ~wvrtage policies, vandalism and malicious mischief. (b) The total amount of insurance must be not less than the frill insurable replecxment cost of the insured ptoperly less applicable deductibles at the time the insurance is purchased and at each teoewal date, exclusive of land, excavations, fotmdations, and other items normally excluded from properly policies. such iostamrce must ittcltrdo the wtterior Uinta as well as the finished ituexior surfaces ofthe walls, floors, and ceilings ofthe Units. The inWUance shall include improvements and beltaments installed by Umt Owners. Seetioa 7.03. Gaeeral I.iabBity Imaraa e. Each Unit Owner shall obtain and maintain general liability inaittanco against claims and Liabilities arising in with the ownership, exisbencx, use, or managemeffi of the common elements in the amotmt of 51,000,000.00 far each ocanrecee including bodily injury and/or property damage, inswing the Unit Owtter and his/her respective employees, agoras, and all persons acting as agents. The other Unit Owner shall be -6- ~. included as an additional inwn+ed, but only for chums s~ liabilities arising in comrecKion with the ownership, existence, use, or management of the common elements. The insurance shall cover claims of one or more insured patties against other insured patties.:. Section 7,0q, iaAaraace by Owners. Each Unit Owner shall be responsible for obtaining inssuratrce he or she deems desirable for his ~ her Umt, including insurarKx covering furnishings and personal property belonging to that Unit Owner and covering personal liability of that Unit Owner. Section 7.05. Destrndioa or Dntotae to Property. (a) Any portion of the Condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner unless the Condominium is te®inated, or repair or teplacemerrt would be illegal under any state or local statute or ordinance govemiog health air safety, or one hundred percent (100%) of the Unit Owners vote not to rebuild, or prior to the conveyance of a~ such Umt to a person other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the Condominium rightfully demands all or a strbsmntial part of the inwnar«x proceeds. (b) The cost of repair or replacemrnt in excess of iaWUance proceeds and reserves is an expense to be borne solely by the Umt Owner affect, ~, the Umt Ownea of the Unit or its appurtenant L.C.Es. ARTICLE 8 MIS['FI.I.ANT.oUS This Declaration may be amended pursuant to Suction 3&33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map shall be prepared, executed, recorded, and certified by 100% of the Umt Owners. All expenses associated with preper'iog and recwrding an amendment m the Declaration or to the Condominium Map shall be abated equally by the Unit Owners. Every ame~t to the Declaration must be reoorded in 1'itkin County and is effective only upon r+eoondation. No action to challenge the validity of an properly adoptod by the Unit Owners parsaant w this section may be brought more than one year after the amendment is recordded. ~+etioa 8.OZ. Saoctsson sad Assieas. This Declaration shall be binding upon and shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal reprrs~tivea, sttcceseors acrd assigns. 8, 3, obi ' .Invalidity or unenforceability of a~ provisions of this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Dechnation -7- Section 8.04. Cannons. The captions and headings in this inshvm~t are for convenience only and shall not be considered in construing any provisions of this Dechuation. 3ecnon 8.05. No Waiver. Failure to enforce aay provisions of this Declaration shall not operate as a waiver of any such provision or of a~+ other provision of this Declaration. IN WPFNESS WHEREOF, the Declarams have caused this Declaration to be executed this ~ day of A-P Rt ~ , 2009. STATE OF COLORADO COUNTY OF PITKIN ss. DECLARANTS` _=~~ Craig w. Melville Teresa M. Lee-Melville Ral h Melvill Manan H. Melville The foregoing was subscribed and swam to before me this %- ~ day of ~ , 2009, by Craig W. Melville, Teresa M. Lee•Melville, Ralph P. Melville and Marian H. Melville. witness my hand and official seal. My commission expires: J. SCOTT MORRIS N01'ARY I'tiBLIC STATE OF COLORADO Me ~ ~-_mmiss~on Expires 1 110 61201 0 'g' Document of Recordation: April 24, 2009 Condominium Plat 1286 and 1290 Snowbunny Lane Book 90, Page 92 Plat reception number: 558192 Declaration reception number: 558192 f^h i Wes:' ~~ ~ ""'~ Stewart Title of Colorado, Inc. Aspea Division '~ ~,~ 620 East Hopkins Avenue ~ y,,~t, P.v titl@ of Colorado Aspen, Colorado 81611 ~ ~ Phone: 970.925-3577 ,.~~ ~ ';;~ ,~~, f. Fax:970-925-1384 Dste: September 29, 2008 /r`G, ` ~ OrderNnmber: B 20943 To Be Determined ~; ,. } ~~ F% ~^ F uyer: Seller: Melville Melville and Marian H Ralph P D,o <~ 2j Property Address: . . 1290 Snowbunny Lane, Aspen, CO 81611 F'tJ' Please direct all Escrow inquiries to: Please direct all Title inquiries to: Linda Williams Phoue: 970-766-0234 Email Addrem: IwiBiam3tp~stewart.com SELLER: Ralph P. Melville Marian H. Melville 1286 Snowbunny Lane Aspen, Colorado 81611 LISTING BROKER: None LENDER: To Be Determined BUYER/BORROWER: To Be Determined SELLING BROKER: None OTHER CONTACTS: Whitsit[ and Gross, PC Attn: Eric Gross 320 Main Street Suite 200 Carbondale, Colorado 81623 Phone: (970)963-6363 Fax: (970)963-6667 We Appreciate Your Business And Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by ~~~~ title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and chazges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned:~~ / CYf~ ~G(/ ''f IIZEIt COmtati~Yp9E Stewart Title of Colorado, Inc. Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone:970-925-3577 Fax: 970-925-1384 ~~~r~~` title guaranty company t w ~Q [J T xA ~. . Senior Charman of t a eeaM Chairman of as Board President Order Number. 20943 ALTA Commitment (6/17/06) ,. , ~, COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 4, 2008, at 7:30 A.M. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (Standazd) Proposed Insured: TO BE DETERMINED (b) A.L.T.A. Loan Order Number: 20943 Amount of Insurance $ TBD 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: CRAIG W. MELVII.LE, TERESA M. LEE-MELVII,LE, RALPH P. MELVII.LE and MARIAN H. MELVII,LE 5. The land referred to in this Commitment is described as follows: Lot 5, Block 2, SNOWBUNNY SUBDIVLSION, according to the Plat thereof recorded May 2, 1957 in Plat Book 2A at Page 229. COUNTY OF PTTKIN, STATE OF COLORADO. Purported Address: Statement of Chazges: 1290 Snowbunny Lane These charges are due and payable before a Policy can Aspen, Colorado 8161 I be issued: TILE COMMITMENT FEE: $175.00 Order Number: 20943 (- ~~~~ ALTA Commitment (N17/06) - Schedule A Uae 9,~„my comparry Page 1 aS 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 1 REQUIREMENTS Order Number: 20943 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interestto beinsured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NONE: IT IS UNDERSTOOD THAT THE COMMITMENT IF FOR INFORMATIONAL PURPOSES, NO POLICY WILL BE ISSUED UNDER IT Order Numbs: 20943 ~~t ALTA Cmmnimkut (6/(7!06) - Scbcduk B I title ~~, ~Per+Y Page 1 of i ,,~, COMNIITMENT FOR TITLE INSURANCE SCHEDULE B - Sectlon 2 EXCEPTIONS Order Number: 20943 The policy or policies to be issued will contain exceptions to the following miles the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any Iien, or right to a ben, for services, labor or material heretofore or hereafter furnished, imposed by Iaw and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, it any, created, fast appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fu-e protection, soil conservation or other district or inclusion in any water service of street improvement area. 10. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded June 16, 1894 in Book 55 at Page 45. 11. Easements for utilities or other purposes as shown on the Plat of Snowbunny Subdivision recorded as Document No. 105066 and easements for utilities as reserved in Paragraph No. 6 of instrument recorded May 2, 1957 in Book 181 at Page 255 as Reception No. 105074, and Assignment of Powers and Duties under Paragraph 5 thereof recorded October 13, 1965 in Book 216 at Page 96 as Reception No. 127079. Order Number: 20943 ALTA Commihneo[ (6/l7/06) - Schedule B 2 Page 1 of 2 title ~~~ °O~Y C; 12. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin as contained in instrument recorded in Book 181 at Page 255 of the records for Pitkin County, Colorado. 13. Declaration of Trust recorded August 8, 1958 in Book 184 at Page 435. 14. Accessory Dwelling Unit Deed Restriction, Pursuant to Section 26.40.090 of the City of Aspen Municipal Code as set forth in instrument recorded July 1, 1999 as Reception No. 432898. 15. Sidewalk, Curb and Gutter Itnprovement Agreement as set forth in instrument recorded August 2, 1999 as Reception No. 433973. Oder Number: 2fNJ43 ~~ ALTA Commitmrnl(6/t7/06)-SchedukB2 V~i~~~V///~~~-~~~-fffrrrW~Y~~~ ~~~` Utle guaranty company Page 2 of 2 ~> '~.. DISCLOSURES Order Number: 20943 Note: Pursuant to C.RS. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; ,,.., .~.~ B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the hosed of county commissioners, the county clerk and recorder, or the wunty assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (~) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior m the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed" Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be asingle-family residence, which includes a condominium of townhouse unit. No labor or materials have been furnished by mechanics or materiahnen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 nanths. C. The Company must receive an appropriau affidavit indemnifying the Company against unfilled mchanic's and Materiahnen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of ilre Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company: and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geotherrtral energy in the property; and B. That such mineral estate may include the right m enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHBYG HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITiON3 ARE FULLY SATISFIED. Qdu Number: 20943 Disclosures .~. Stewart Tale Guaranty Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company . We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collcet about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform mazketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope staffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT LS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guazd your nonpublic personal information. Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. -Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may chazge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such latowledge to the Company, or if the Company otherwise acquires actual ]rnowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incun~ed in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown th Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed fot and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an azbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be azbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. S~W~'t title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company sha0 be addressed to it at P.O. Box 2029, Houston, Texas 77252.