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HomeMy WebLinkAboutLand Use Case.747 S Galena St.0019.2011.ASLU THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0019.2012.ASLU PARCEL ID NUMBERS 273708 278 008 PROJECTS ADDRESS 747 s Galena St PLANNER JENNIFER PHELAN CASE DESCRIPTION DEMOLITION OR REDEVELOPMENT REPRESENTATIVE DOUGLAS BRENDMAR DATE OF FINAL ACTION 6.3.12 CLOSED BY ANGELA SCOREY ON: 12.4.12 f �? oo(' C90 20(1 • A-,L-LA i��fJ111r� n File Edit Record Navigate Form Reports Format Tab Help Routing5tatus Fees Fee Summary fMajn Adins AttachmentslRoutinghlstory y&ation jArchk (Custom Fields ''iSubPermits jParCels aslu Aspen Land Use ' 019 2011.ASLU � . 747 S GALENA ST 50 *]ASPEN eC0 s 11 81fi11 �9Q aslu0l ( 3128!2011 pending Approved O Des*on REDEVELOPMENT OF MALTI FACILITY HOUSNG UNIT•FASCHING HAUS EAST UNIT Ind C 350!450 Find S*tted IDOUG BRENDAMOUR 523 312 0077 lock H pays F70 Eames 312212012 ,„ iMed via Owner Last ASCHING HAUS CONDOMI First name 747 S GALENA ST ASPEN CO 81611 Phone 970)925 22fi0 Address Applicant 0 Owner is applicant? Contractor is applkaant? last name BRENDAMOUR CHILDREN'S First name DOUGLAS P. 6105 PARK RD CINCINNATI OH 45208 Phone (513)312-007 Cust#28995 Address Lender Last name First name Phone f l Address t 1 i 1 i Displays the permit lender's address Aspen&16[sarvar) angelas 1 of 1 AWZA t — 3 Sr W a 7oe-e �,PV Ab— -2—Ci3�3 July 9, 2012 Chris Bendon Community Development Director City of Aspen 130 South Galena Street Aspen, Colorado 81611-1975 RE: Brendamour Appl. To Modernize/Reconfigure Two Separate Units,440 and 450 Fasching Haus. Dear Chris, We just received your certified letter dated July 3, 2012. We clearly have not abandoned the application. We have redesigned our drawing three times to try and meet your needs,and are still working on it. We believe your position is not in the best interest of our community and not supported by Aspen code. I have been speaking to the Aspen community people who are looking into this. I truly hope your July 3, 2012 letter to me is not the result of us speaking to other people to correct this situation. Your department should support the community interest to create positive redevelopment of properties in Aspen to meet modern needs of the ski/summer markets. Based on the results of conversations with these people, we will determine which direction we will take. The building season is only in the summer,year to year. Your letter on May 1, 2012 eliminated the possibility of starting in 2012. We still hope to get this resolved and have a positive direction by the spring/fall 2013 construction season. Please call if you have any questions. I will assume our application is still open given the fact that we are still working on this matter. This letter shall rescind your July 3, 2012 letter. Sincerely, Doug Brendamour July 3, 2012 ASPEN/PITKIN Mr. and Mrs. Brendamour COMMUNITY DEVELOPMENT DEPARTMENT 6105 Park Road .Cincinnati, OH 45243 Via: CERTIFIED MAIL Re: Brendamour Application — Units 440 &450 Fasching House Mr. and Mrs. Brendamour: We have not heard from you in some time regarding your land use application. The City expects applicants to actively pursue their application in a timely fashion. The most recent correspondence from our office was on May 1, 2012, wherein we advised you that we could not approve your application as proposed. Pursuant to Section 26.304.070.F of the Aspen Land Use Code, we consider your application abandoned. Regards, Chris Bendon, AICP Community Development Director City of Aspen 130 SOUTH GALENA STREET ASPEN,COLORADO 81611-1975 PHONE 970.920.5090 FAX 970.920.5439 Printed on Recycled Paper v May 1, 2012 Asr>ra/PITKIN COMMUNITY DEVECOPMENT DEPARTMENT Re: Brendamour Application—Units 440 &450 Fasching House Mr. and Mrs. Brendamour: Thank you for coming in to speak with me about your pending land use application. I have reviewed your proposal and your correspondence regarding this issue. Your plans have,been amended a few times. I see your,second set of plans amended the,plans for the kitchen in #340. And, your latest.plans amend access to a bedroom in#350. This department is unable to approve the development you are proposing. We consider your proposed development as'physically combining two residential condominium units into one and we do not believe the proposal complies with the City's non-conformity provisions'. We realize the existence of the common hallway and an interior element common only to these two units. We.understand you represent the space as an HOA element, but condominium . declarations are private agreementsthat the City does not manage or enforce. It represents a private agreement condition of the property, not a physical condition. Considering this, our Department considers the exterior-most entry the demising wall. You have asked for specific citation on which our decision is based. Section 26.104.100 of the City's land use code defines a multi-family dwelling unit as: Dwelling, multi-family. A residential structure containing:three (3) or more attached Dwelling Units in either an over-and-under or side-by-side configuration With common unplerced demising walls or floors/ceilings as applicable, not including hotels and lodges, but including townhomes, that may include accessory use facilities limited to an office, laundry, recreation facilities and off-street parking used by the occupants. One(1) or more Dwelling Units located within:a Mixed-Use building shall also be considered a multi-family dwelling. The term "multi-family dwelling"also includes properties listed on the Aspen Inventory of Historic Landmark Sites and Structures consisting of three(3) or more Detached Residential Units where permitted by the Zone District. In particular, your plans do not comply with the common unpierced wall/floor/ceiling stipulation. Without this physical separation, the development must comply with development regulations as one unit, including limitations on unit size. The proposal does not appear to qualify for an exemption from the regulations for combining multi-family units, contained within Section .26.470.070.5.8. You asked that this department consider the existing situation as pre-existing condition. The City's land use code does have provisions for non-conforming uses and structures. The current situation could be considered both a non-conforming structure (presence of the connection) and 130 SOUTH GALENA STREET • ASPEN,COLORADO 81611-1975 Now 970.920.5090 •'Fax 970.920.5439 Primed on Recycled Paper R ' a non-conforming use (one unit with two kitchens). These provisions only allow for routine maintenance and do not enable redevelopment of any magnitude: 1 have attached the relevant code sections. You mentioned the possibility that the smaller unit could be used as a lock-off unit. The City permits "lock-off"units within lodging properties. Physically, this usually includes an interior demising door similar to your plans. Lock-off units are not permitted for residential properties. realize you have invested time, money, and likely some emotional energy in these plans. This is probably not the answer you were hoping to hear. In our meeting and in your correspondence you raise some good points regarding how Aspen could consider changes to development policy, especially regarding older properties. This discussion could lead to more liberal codes. I also realize.that you have not yet purchased the adjacent unit. I appreciate that you are . asking these questions prior to purchasing and I realize that your decision likely'rests on your ability to pursue your proposal. On November 9th last year, Jennifer Phelan provided you with some options. She said: At this point, if I,act upon your land-use application, I will have to deny it. If it is denied you can appeal the decision to city council. You also have the option to withdraw the application or amend the design to a point where staff may approve it. Please let me know how you would like to proceed and I am happy to discuss further at your convenience." After reviewing your proposal and your correspondence I believe these remain your options. We do not believe your plan's comply with the City's limitations on unit size ndr the policy regarding non-conformities. We.are unable to approve your proposal as it stands. The easiest amendment to the plans would be to eliminate the door connecting "condo'unit#2" to the common hallway. This change would meet the common unpierced stipulation for multi-family units with little change to the remainder of your proposal. We would like to know how you would like to proceed. If no action is taken the"application will be denied and you will be eligible for refunds. Chris Bendon, AICP Community Development Director City of Aspen Chapter 26.312 NONCONFORMITIES Sections: Sec. 26.312.010. Purpose. Sec. 26.312.020. Nonconforming uses. Sec. 26.312.030. Non-conforming structures. Sec.26.312.040. Nonconforming accessory uses and accessory structures. Sec. 26.312.050. Nonconforming lots of record. Sec. 26.312.060. Lot reduction. Sec.26.312.010.Purpose. Within the Zone Districts established by this Title, there exist uses of land, buildings and structures that were lawfully established before this Title was adopted or amended which would be in violation of the terms and requirements of this Title. The purpose of this Chapter is to regulate and limit the continued existence of those uses, buildings and structures that do not conform to the provisions of this Title as amended. It is the intent of this Chapter to permit nonconformities to continue, but not to allow nonconformities to be enlarged or expanded. The provisions of this Chapter are designed to curtail substantial investment in nonconformities in order to preserve the integrity of the zone districts and the other provisions of this Title but should not be construed as an abatement provision. Sec. 26.312.020.Nonconforming uses. A. Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provisions of this Chapter and this Section. B. Normal maintenance. Normal maintenance may be performed upon nonconforming uses of land and structures,provided that the maintenance performed within any twelve(12) consecutive month period does not exceed ten percent(10%)of the current replacement cost of the structure. C. Extensions/expansions. Nonconforming uses shall not be extended or expanded. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming use by increasing the area within a structure in which such nonconforming uses are located; or 2. Occupancy of additional lands;or, 3. Increasing the size, considering all dimensions, of a structure in which a nonconforming use is located. D. Relocation. A structure housing a nonconforming use may not be moved to another location on or off the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the zone district into which it is moved. City of Aspen Land Use Code Part 300, Page 25 E. Change in use. A nonconforming use shall not be changed to any other use unless the new C use conforms to the provisions of the zone district in which it is located. F. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or nonconforming use of structure is discontinued or abandoned for twelve (12) consecutive months, then such use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this Title. Any nonconforming use not associated with a structure may not be restored after a discontinuance period of more than thirty (30)days. G. Demolition or destruction. 1. Ability to restore. Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of demolition, may not be continued or restored. Any nonconforming use located in a structure undergoing construction, which does not constitute a demolition, has an approved development order, and an approved building permit shall not be considered discontinued. 2. Nonwillful destruction. Any nonconforming use which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner may be restored as of right, regardless of the extent of demolition or destruction, if a building permit for reconstruction is issued within twelve (12) months of the date of demolition or destruction. (Ord.No. 55-2000, §§2, 3;Ord.No. 12, 2007, §§15, 16) Sec.26.312.030. Non-conforming structures. A. Authority to continue. A nonconforming structure devoted to a use permitted in the zone district in which it is located may be continued in accordance with the provisions of this Chapter. B. Normal maintenance. Normal maintenance to nonconforming structures may be performed without affecting the authorization to continue as a nonconforming structure. C. Extensions. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. 1. Historic structures. The first exception to this requirement shall be for a structure listed on the Aspen Inventory of Historic Landmark Sites and Structures. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged,provided, however, such enlargement does not exceed the allowable floor area of the existing structure by more than five hundred(500) square feet,complies with all other requirements of this Title and receives development review approval as required by Chapter 26.415. 2. Mandatory occupancy Accessory Dwelling Units and Carriage Houses. The second exception to this requirement shall be for a property with a detached Accessory Dwelling Unit or Carriage House ("ADU") having a mandatory occupancy requirement. Such a detached ADU may be enlarged or expanded by up to five hundred(500) square feet of floor area, provided that this bonus floor area shall go entirely to the detached ADU and also provided that the ADU does not exceed the maximum size allowed for an ADU or carriage City of Aspen Land Use Code Part 300,Page 26 house. The enlargement or expansion must comply with all other requirements of this Title and shall receive development review approval as required herein. a) Procedure. The procedure for increasing the maximum floor area of a property for the purpose of increasing the size of an ADU requires the submission of a development application. The development application shall be processed under Chapter 26.430, Special Review. b) Review Standards. An application for increasing the floor area of a property for the purpose of increasing the size of an ADU shall meet the standards in Section 26.520.050, Design Standards, unless otherwise approved pursuant to Section 26.520.080, Special Review,as well as the following additional review standards: (1)Newly established floor area may increase the ADU up to a cumulative maximum of 500 sq. ft. of floor area and is required to be mitigated by either of the following two options. (a) Extinguishment of Historic Transferable Development Right Certificates ("certificate" or "certificates"). A property owner may increase the ADU by extinguishment of a maximum of two certificates with a transfer ratio of 250 sq. ft. of floor area per each certificate. Refer to Chapter 26.535 for the procedures for extinguishing certificates. (b) Extinguishment of unused floor area from another property. A property owner may increase the maximum floor area of a property for the purpose of increasing the size of an ADU by extinguishment of a maximum of 500 square feet of available un-built floor area from one property to the ADU. (2)The additional floor area is a conversion of existing square footage which was not previously counted in floor area. (Example: storage space made habitable. or the additional floor area creates a more desirable, livable unit with minimal additional impacts to the bulk and mass of the ADU structure. (3) The additional floor area creates a unit which is more suitable for caretaker families. (4) The increased impacts from the larger size are outweighed by the benefits of having a larger, more desirable ADU. (5) The area and bulk of the ADU structure, after the addition of the bonus floor area, must be compatible with surrounding uses and the surrounding neighborhood. (6) For the transfer of allowable floor area through the use of Historic Transferable Development Right Certificates, the certificates shall be extinguished pursuant to Chapter 26.535,Transferable Development Rights. (7) For the transfer of allowable floor area from a non-historically designated property to an ADU deed-restricted as a mandatory occupancy unit, the applicant shall record an instrument in a form acceptable to the City Attorney removing floor area from the sending property to the mandatory occupancy ADU. City of Aspen Land Use Code Part 300,Page 27 D. Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the zone district in which it is located. E. Unsafe structure. Any portion of a nonconforming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this Title. F. Ability to restore. 1. Non-purposeful destruction. Any nonconforming structure which is demolished or destroyed by an act of nature or through any manner not purposefully accomplished by the owner, may be restored as of right if a building permit for reconstruction is issued within twenty-four(24)months of the date of demolition or destruction. 2. Purposeful destruction. Any nonconforming structure which is purposefully demolished or destroyed may be replaced with a different structure only if the replacement structure is in conformance with the current provisions of this Title or unless replacement of the nonconformity is approved pursuant to the provisions of Chapter 26.430, Special Review. Any structure which is nonconforming in regards to the permitted density of the underlying zone district may maintain that specific nonconformity only if a building permit for the replacement structure is issued within twelve (12) months of the date of demolition or destruction.* *A duplex or two single-family residences on a substandard parcel in a zone district permitting such use is a nonconforming structure and subject to nonconforming structure replacement provisions. Density on a substandard parcel is permitted to be maintained but the structure must comply with the dimensional requirements of the Code including single- family floor area requirements. (Ord. No. 1-2002, § 6 [part]; Ord. No. 9-2002, § 5; Ord. No. 35-2004, § 1;Ord. No. 7-2008) Sec.26.312.040.Nonconforming accessory uses and accessory structures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have terminated unless such structure or use thereafter shall conform to the provisions of the zone district in which it is located. Sec.26.312.050.Nonconforming lots of record. A. General. A detached single-family dwelling and customary accessory buildings may be developed on a lot of record if: 1. The lot of record is in separate ownership and not contiguous to lots in the same ownership; and 2. The proposed single-family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the zone district can be met or a variance is obtained from said dimensional requirements pursuant to Chapter 26.314. B. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record as of City of Aspen Land Use Code \ Part 300,Page 28 November 22, 1971, regardless of time of acquisition and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel and no portion shall be used or occupied which does meet the width and area requirements of this Title. C. Historic property. A lot of record containing a property listed on the Aspen Inventory of Historic Landmark Sites and Structures need not meet the minimum lot area requirement of its zone district to allow the uses that are permitted and conditional uses in the district subject to the standards and procedures established in Chapter 26.415. (Ord.No. 1-2002 § 6 [part]) Sec. 26.312.060.Lot reduction. A. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this Title or to leave remaining any lot in violation of the dimensional requirements of this Title. B. No lot or portion of a lot required as a building site under this Title shall be used as a portion of a lot required as a site for another structure. C. No building permit shall be issued for any lot or parcel of land which has been conveyed, sold or subdivided in violation of this Section. City of Aspen Land Use Code Part 300,Page 29 corrii i-lu"z f I f F 11 U, r Cc r,cJ n U, Dear S! i 1-.irsoav ani; a a,L e a 6- [j IJI u,- 1111 e to 1eCtf r an':-� ren,ievv, ci�ir, risi, 0" aWi no's to i rade 'vvc con-omit`:unn at the Fasching Haas. TaJfforts as tih-is is ou M attempt to try and work with your ave hZisloricailt existed side by side as rn!'!;ot :mages of .i each otf-er i,',Ve the SDaCe so thiall, I a pa �'chen and bathiorim) is ­-ked by an oid K�L inorar- :C e '�tf o k1previoi-isly b' 1�1. capturee. vvlt4li a indovkl, systerri. and a !Oktv ce'iing_ based on today's a 11'e 1 c ral Ceiiing s�%fligh­Ls are,, installed to pick up vie,.vs of Aspe ',,-s detail Vv,,c exchs`ve Lm;ts. Each un�zl has t,,,�o bedrooms, , L a lairge �:­C­', jr_, a?ea... %fVash,er/drYe,, and r­"mains %rJthin the 1500 so. ft. Li i. size l'ov o. se.Parate rental pmpe,,tes !;-,a4 taRe ;advantage oft' views and meet he ex1De'C,'.. ;iC.­' toda,Y;s Aspen., vaca4ione,,'. A h at 4 t_ .'! e conentnf each '.,n;t ­a! s, you open) L Q: rpr: 0-iouaht fl-a�' i� �rvas mos`mpor ant for wa's r'lo; ;-e�-_"�'a-, I. L, ,��, I � � - � Ns su: .ised. u's as we L M IL L i I L these ;J.rits to i)e C-'m.:-f&te",y seff cOntained fuinclioninc 'I U I-N 0 i "I-,;: units, each, ;,tvit! ",,P-;r w�- kitchen, liv;no area an0j. amen ties. The root of your obiectiort is that each unit -vfiN have a O.00i­vi%av 17n'c, ar. colm,mc­, pre-existing hallway that :s ow,­ied by Fasching Haus Associatio,, _ is no heated and ft-s mainteriance and e!ectrical lighting is Provided bv the associa-,!-on, iust like any other hallway ;n a condominium building. Historicaliv both un s !lave had..' doorways into t1his hailway, so our plan presents a Si'LUat,,.-_,r that cu,-ren4LlY exi-sts: two separate units each wit,". a doorway into a commorl hal!.. You., pos:!ticn 'h,att V-Jis comi-non hallway betvvee,n thie units makes it one unit or a „comb u-i` .:is not true based on my full review of the code and my understanding of it• it is e because many condominiums in Aspen or any city have doors to cornmicn haA4!aws -_.­,,,!neC bv an association:, Recardiess o,- ,!,,.lhether we agree on tNs point. -1he 111istoricall nature of ou situation, dafinC, to the 1 960,c, when the building kivas built, pre-exists the recent 11 500 sq. ft. per unit size limitation. The situation is clearly Grandfathered by Lav,,. Otherwise, and hit s cr:c Ji n;t �*n It'-i e C. y cf A s p Q�- t h a+ iS la,rcer -' an -,.500 sq. ft. cannot be remodeled th or updated. it the fu'jrewithout reducing the size to 1500 so. ft. I do not believe this was the intention c: t'he City when this ?imitation was made. If pre-existing conditions are not Grand"athered by Law, than there would be no upgrading of units greater than 1500 sq. ft, still no. th'-- re-development of Asper.. Your deoafttmer, also suggested that' we .purc"ase a historiC TDR to Increase the size of our unit to 2000 so. ft. They told us they would hello us meet the requirement even though the two .: ri?ts together total 2185 sa. ft. VVe expressed to them that this did not solve the s"uation and tha`t we want two wn.'ts tne.' can be rented separately. When we are in 6.er., iust the t,,vo cf Lis. it is desirable 'for us to rent cut unil,the that we are L L L not using. Ale Certainly 1-looe -.1hat you decide in favor cir our third revision to our plans. If you stand 1,­ your cpimc,� about' ',;"�,e railway. tt tha,� you will rule based on 1; 1 , Man we hope L L the legal plinciloje tl:at .I"e situation ;'s G"randf athe red by Law. We believe the protect will have a positive impact as it greatly improves two outdated properties. slickkicases beautiful Aspen views and contributes construction dollars tc the econc;,my. Trie fact' at two independent units Can also function in a ccm0nner,�P,.,,1., a 000d t-Ning as mar.,,,, ceopie come t Aspen ith families and friends. Evervone we nave soccer- tc. inchuld'ing severaii architects, realtors, property -hors say trey dc. not understand why there m an a-e m e r t o e o�c'e en CA's a nd, in e i g 1 L is cbiectlan, to the poiect-- Fun-h.&-no,re, the proiec has recelVeC. L"I'lartim-ous approval by the P-ascNino Ha s Associat'on Ow.­ers. We eao� have frecuented Asper, as vouthis as icn.- as 35 years aco. VVe have -,ave oared in Asper. for Q years. vacationed ',,e,e with cur =_arnii\ Tor 20 years anC� We woulo like very Imuch in have a fu�Ure in Asoer. D,i roisc,issicns w'th, you have L . I -e a rd -ci;-eatki apprecia mi -'Y de-j sion so de'ay",' the a Oat e. 'Afe wcu, L .x L "_, =n: that'vle can rcliecide lhovv, tc pprciceed from he,re. I hanVuou! ;n adv!7�--e fnr your conss:dera,Jon en.j urderctar J S 71 nce r e 1 Y: 13, o Doug and 31 �z 39--2j- 17'—3" 1T-0�� ' DEN_ ' BEDROOM Jm I I I Y I I I gn WASH DRY cr .. n' I N S [� LIVING ROOM_ ol O i ppi I I I - � 20'—IC;- O RAF F 9'-4* I KITCHEN 3 7- 10 4'- _ 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT n FLOOR PLAN SCALE: 1/4" � 1'-0' 1149 SO, FOOTAGE kt.., 3 31, E 39'-2R" 17'-6" EXISTING LOW f= BEDROOM �3ea rocaM,. 0I01 W I o in o I CC�e�� 1��► ��t: F° I C H N 3'- - so0 PANTR( STACK CAB, ''-2" W/o I j' EXISTING V-) BATH - - 7-1" u rz� 3' 6" d Q) EXISTING N ° RENOVATT BENCH BUIL`} IN BATH BATH W/ TORAGE BEL 0 12' 1" 15'-1 1 I 2 L0 I 14'-11g" LorD 12' 1" EXI TING EXISTING i EXISTING co MON u CD M. BEDROOM ELE ENT BEDROOM �, IF � 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO '. FLOOR PLAN UNIT SCALE: 1/4" = 1'-0" 1049 SQ, FOOTAGE OCTODER, 2011 g(g. Ta (ID --X"L .17 zA 'Mir LA N -.0 u R LO O.P— to 4AE ...... -17'MM fin Y Brendamour Warehousing Mail-Fasching Haus Renovation https://mail.google.com/m ail/9ui=2�,i1:63ff'97ac28&view=ptL search... Andrew Brendamour<andrewb @brendamour.com> Fasching Haus Renovation 1 message Andrew Brendamour<andrewb @brendamour.com> Tue, Feb 7, 2012 at 11:21 AM To: jennifer.phelan @ci.aspen.co.us, chris.bendon @ci.aspen.co.us Dear Jennifer and Chris, Please excuse the delay in responding to you on your ruling. We were very surprised by your decision and wanted to take time to think about our fiiture direction. We do not understand your mission and purpose with such a ruling. I do not believe that this interpretation of the code was the intent of the Aspen City Council. I do not believe that the City of Aspen wants to stop creative renovations and functional co-existence of neighboring properties. Please explain how these floor plans cannot be viewed as two separate condominium units. (see attached floor plans on each unit) Here are the facts: • Each unit will have a separate legal description • Each unit will have separate recognition and have separate rights in the condo association • Each unit can be sold separately • Each unit will be rented separately • Each unit is a stand-alone unit with large kitchen and living rooms • Each unit will be billed separately for real estate tax as they are two separate legal units • Each unit meets the square unit criteria for a single condo. Your objection to our project centers around a pre-existing common hallway that has historically run between our unit and the unit next door. Many apartment buildings have units entering the same common hall area. I do not see anywhere in the code that prohibits this. Please give me the specific site that supports your ruling. Does the City of Aspen object to effective interaction of neighboring rental units? I can assure you that many vacationers that come to Aspen(groups of families,large and social clubs,multiple friends,etc.) would value the possibility of housing their large group in a way that they can easily interact. Attached is an article that appeared on October 5,2011 in the Aspen Daily News. The article title is"Ski Company Asks for a New Vision." In this article,Mike Kaplan, Ski'Co.'s President emphasizes the need for enhanced rental units to attract people to Aspen. Mr.Kaplan quotes that"Aspen should be pursuing a big vision." He says that he is concerned that Aspen is not seeing the forest through the trees." Lastly,Kaplan calls for"a mind-set shift and creation of economic development council to move the pendulum forward." Aspen has many older properties that need to be renovated and made more fmctional to compete with the new and improved units at competitor ski resorts. I have personally served on the Board of Directors of Fasching Haus East. I led the effort to renovate Fasching Haus in 2008. My creative ideas and input have led to a building with an exterior that looks newly constructed. I respectfully request that you review and reconsider your decision. This process has been very frustrating for my wife and me. We would like the opportunity to renovate and upgrade our place and make it something that will accommodate our family for the long term. This rigid interpretation of the code and inability to see the big picture makes us wonder if we want to stay in Aspen. Aspen will be left behind,unable to attract the increasingly competitive ski business. 1 of 2 2/7/2012 11:22 AM Brendamour Warehousing Mail- Fasching Haus Renovation https://mail.google.com/mail/?W=2&i1--63tD97ac28&view=pt&search... Sincerely Doug Brendamour Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Road Cincinnati, OH 45242 513-247-0077 x 31 Fasching Haus Renovation.pdf 2095K 2 of 2 2/7/2012 11:22 AM is ,t Mae c t( - - r Cc),I II O D, __d"Do � r v u 5 : F' 7f-i. P,D FLOpir nC°AN s®N r c I i4 F � � taaac:W+ir. Li IM Zf Cam' tU `1 . t I I � I BEDROOM DEN H I I I I i I i 1 WASH DRY � I I I © i LIVING ROOM I p p Ep ool 00i I _ 1 �-7 I-� IbF 9•-4. I 20.-1 a I i o I KITCHEN I 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT Q FLOOR PLAN SCALE: 1/�' 1'-O' 1149 50,FOOTAGE 39'-28" 14'-11 5" REF EXISTING BEDROOM in o 10 0 LIVING 010. 71 �1 N 3 71 EXISTING 0 BAT PANTRk <' Lo �/D BATH M LOW 7[—1 3' 6 04 EXISTING BATH RENOVAT BENCH BQIL"�-IN BATH W1 FTO—RAGE BEL 15'-1 .. 14'-11 --l."7 ol 4-0 EXISTING 00 EXISTING ON I — CD EXISTING ELEVI COMM ENT BEDROOM M. BEDROOM 340/350 , FASCHING HAUS EAST THIRD FLOOR CONDO UNIT FLOOR PLAN SCALE: 1/4" = l'—O" 1049 SQ, FOOTAGE OCTOBER, 2011 ASPEN DAILY NEWS,Wednesday,October 5,2011, Page 3 LocAL I. SkiCo a for a new vision By Carolyn Sackarlason SkiCo's president and CEO,told elected officials that Aspen Daily News staff Mer other ski destination towns are gunning for the No. 1 Aspen Skiing Co.'s top ex- position and are able to attract visitors because they ecutive Tuesday called on the City can offer new accommodations at lower prices as a Council to help create a vision for result of having more inventory. the resort community so it doesn't Aspen/Snowmass' competitors have added over fall behind in what he described as 1,300 hotel rooms in the last two years,representing the most intense competition he's t more than 3,000 pillows. ever seen. Meanwhile,Aspen has remained stagnant. In an annual check-in with As- "In the last several years-we haven't moved the As- pen City Council, Mike Kaplan, ball forward,"Kaplan told the council._ KAPLAN SKICO ON PAGE 6 SMat PAGE Mayor Mick Ireland suggested that the He added that it's not for a lack of effort applications that have'cgtrte iefore council but!the resort coritmunity wquld be b n recent"years have been"cold,"and not in served by looking at the;bigger picture in- line witlt the ct�mmunity's values. stead in isnicrv-manner from l one devel Councilman Steve Skadror asked Kaplan 0prrzent.application to another. to clarify his emm�ients made in a sympo- < slum earlier this summer regarding develop- We should be pursuing a big vision. fiat do we want to be in 20;years?"he rtient and whether government has impeded asked progress_ He noted that steamboat Springs has:de- Kaplan said his comments weren't about ir dared that it is "Bike Tawn USA" and As- allowing unfettered growth but were the pen just hosted the USA 1'ro Cycli��g race. c0tttext of calling for,a mind-set shift and `Is that',just a_one-off'?" Kaplan said of creating an,eeonomic development council the statewide bike race:"I'm just concerned to move the perkdw forward for business- we' e not seeing the forest through the" es However, Tuesday's discussion did turn frees., Council members agreed that the local to a current development application laefore council,'which elected officials were careful gov"eiunerzt s relationship with the SkiCa is hat to talk about specifically. strgnber and more collaborative;than ever, and the time.is ripe to laq beyond the hori- Kapl"an mentioned'Bob Daniel, tvho is ion'! representing 7` Chaffin and 7irn light, the developers attempting to build a new.lodge And if development-- or redevelopment at the base of;Aspen Mountain's western is part of that,then approvals will need to side. be given that include lodging that has free- In the symposium,he asked Daniel how market residential; fractional condos and a long he'd been in the approval process, sug- hotel cgmponent so the project can cover its delrt And in order to do;that, development gesting that it's been.a long time with no projects need adecent-sized footprint, Ka approval. ln fact,it's been since ZOtib that"' plan"said. the Lift One Lodge has been it the depths 0f "It's a tricky one, given our values,"he City Hall.)" said ofthe community's slow-growth ways. While competitors:have been building Other resorts, like UaiI and!Deer Val- for the last few years,Aspen has been on the ley,'Utah, that havc.added what's known as sidelines' "hotbeds"are in mixed-use projects,Kaplan We need to create clarity and certainty said;noting that fracfiional.s are definitely'hot Found thaE process, Kaplan said. ;right nqw pack s aspendaI MAYW&COM Jennifer Phelan From: Jennifer Phelan Sent: Friday, May 06, 2011 11:58 AM To: 'Andrew Brendamour' Subject: telephone follow-up Dear Doug and Andrew: The intent of this email is to confirm our telephone conversation from earlier today. I'm sorry we cannot currently reconcile our positions with regard to the merging/remodel of the two condominium units (unit 440 &450) in the Fasching House. As I mentioned on the telephone, it is our department's position, based upon the submitted land use application (0019.2011.ASLU), that the proposed reconfiguration of the two units effectively merges the units and exceeds the maximum size cap for a unit permitted by the underlying zone district. Following are a number of options for you to consider assuming that additional documentation that unit 450 has been used exclusively as tourist accommodations or by non-working residents is submitted and your exemption from growth management review for the demolition or redevelopment of multi-family housing is approved. 1)You can submit a building permit application with an alternative floor plan that does not merge the two units. • Removal of the spiral stair from the third floor to the unit on the 4th floor as shown on your conceptual floor plans will effectively separate the two units or you can propose an alternative floor plan. • Purchasing and landing a Transferable Development Right will permit you to exceed the unit cap size of 1,500 sq. ft. and expand a unit to 2,000 sq. ft. 2)You may submit a building permit application with a floor plan identical to the conceptual floor plans shown in your land use application.The zoning officer will undoubtedly not approve those plans. You will have the right to appeal her decision at that time.The appeal is heard by the City Council. I'm glad to assist you with any of these options. Our department has an obligation to enforce the rules and regulations that the City Council adopts, whether or not everyone agrees with them. As I have mentioned previously, I raised these concerns on your proposed remodel to provide you an opportunity to consider your options prior to your closing deadline for unit 440. Kind regards,Jennifer JeHwu fer Phei t,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com i Jennifer Phelan From: Andrew Brendamour[brendamour-abmour @prodigy.net] Sent: Thursday, May 05, 2011 1:54 PM To: Jennifer Phelan Subject: RE: conference call Attachments: Email 1.pdf; RequestforHomeownerinput.doc; BrendamourPlans.pdf; Email2-a.pdf; Email 2- b.pdf Dear Jennifer, Thank you for setting up a conference call to talk through our application. As you can understand, my family and I are very disappointed about your current positions on our floor plans to create a 3`d floor unit and a 4`h floor unit at Fasching Haus East. Prior to our conference call I thought it might help for me to give you more information that will help you see that what we are proposing meets Aspens zoning laws. In fact, my original architect (note: this architect had to resign because of a lack of work in Aspen, and needed to take a full time job with another company) met with one of your planners early on and was told this was how each floor plan needed to be designed in order to work. Then, when I was in town on Tuesday, February 22, my architect and I met with another one of your planners who also confirmed that the floor plans that we presented met the zoning code. We hope the following information will help you understand that the two separate unit's floor plans meet the Aspen zoning code: 1. Fasching Haus East Board has given conceptual approval of reconfiguration of the two units (see attached email dated April 28, 2011 from Mead Montgomery, President of the Board, to me). 2. The homeowners were emailed the attached memo's dated 4/13/2011 from Paddy Allen of Frias Properties to get their approval of the reconfiguration of the two units. As Paddy reported in paragraph one of the April 28, 2011 email, there were no negative votes from the home owners. 3. As indicated in the 4/28/2011 email and the 4/13/2011 email, the Condominium Declaration and Condominium Map will be amended to redefine the two separate units, which will have two separate voting rights in the association. 4. The two separate units will have two separate legal descriptions and accordingly they will have two separate titles/deeds and will have two separate real estate tax valuations and tax bills. The reason for this is because they are truly two separate legal units. 5. Both units are "stand-alone" separate units. They both have a bathroom, bedroom, kitchen and living area, and they can and will be rented separately. 6. Both future units are well below the 1500 sqft limitation. 7. You seem to have a problem with the 4`" floor unit and the 3`d floor unit both exiting into a common hallway (Please note that both of the original units have always exited into this common hallway). This is no different than any side by side unit exiting in an internal common hallway of any other building. Just because the two units may be owned by the same party (which probably exists in many cases) i should not make it a violation of the zoning code. This common hallway has always been there between the units and has always been used as a common area to remove boots and skis. Why should it now be used by you to argue a combined unit when it already exists and will be used the same in the future, as it was historically? It did not create a combined unit in the past, so why should it now? 8. This common hall access in the past and future has always been used to gain quicker access to the ground level, reducing the negativity of having to walk up four flights of stairs to the upper area of the units. This common hallway is only two flights of stairs up from the upper entrance to the building off of Galena Street. Both units want to keep this common hallway access to the outside. The third floor unit does not want to have to walk through private bedrooms to exit their unit, and the fourth floor unit wants to continue to have the quicker entrance to enclosed space off of the ground level, and use of this common hall for removing boots and skis. 9. We will also be investing a large sum of money into the Aspen economy with much needed construction work. 10. This project will substantially improve and modernize two separate units, enhancing the rental pool in Aspen, bringing it up to a modern functionality and design. As described above, these units truly do not violate the zoning code. Just because they may be owned initially by the same party, and may at times be used by the same family, does not create a violation. Also, the Fasching Haus East Board and the other owners in the building approved the project, and I think anyone in Aspen would see no negativity in this improvement. If you really look at it, this is all a good project for the Aspen community and tourist industry. We look forward to talking with you, and hope the above is helpful so that you can see that what we are planning is positive and does not violate any Aspen zoning laws. Sincerely, ?<p Doug Brendamour --- On Wed, 5/4/11, Jennifer Phelan <Jennifer.Phelan@ci.aspen.co.us>wrote: From: Jennifer Phelan <Jennifer.Phelan@ci.aspen.co.us> Subject: RE: conference call To: "Andrew Brendamour" <brendamour-abmour @prodigy.net> Date: Wednesday, May 4, 2011, 2:20 PM Hi Andrew: Friday works. I'm happy to call 513-247-0077 ext. 27. at8:30am (mountain standard time). Kind regards, Jennifer z 19'-2� I 14'-11 DEN BEDROOM si �I ri I E%sin+c KITCHEN h eATN Aw BATH - i °D EIOSTING FASTING �0 BATN BATH o � 7' 1' 14•-11 y 2, 1- BEDROOM m CCN IMON W BEDROOM w 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT n FLOOR PLAN SCALE' 1//'. 1'-0' 1049 S4.FOOTAGE i 1 1T-3• 17-0i• 1 DEN 1 BEDROOM I I I I I I I _ _ I I WA SM Oar I LIVING ROOM 0 0 0 �0 I I f 001 I I 1 QF 9.-4. I 20•-1 KITCHEN ! r 4' 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT n FLOOR PLAN SCAt.E: 1/A' .. 1'-0• 1149 50,f00iAGE � -.n.• ly -�� y. ", s :�" s`•(�i� r� �'�wn���' bs��'� ++i>^ `.:i'�?yT�!F!�- ��.� "�`° 5 K;.'.'C',..-rr�—rt'�±'Wa. M un 4.. CJ2YlN.1 u I P 00, } -,� _ L i _ I 3 s t �� .:... `� T-�`:. _ ,r.a,,.l., � r..__ rr:c.;<. a....t' R.ui.nn "4s..•...e l-,,.....d. n.�.,tC eJ [Ff�g 11,p a 'fs,o. 1.b P11 .� . I i i A � 7 , i ID :K-t it - I t AD I ! I Jennifer Phelan From: Jessica Garrow Sent: Thursday, April 28, 2011 3:24 PM To: Andrew Brendamour(Brendamour-abmour @prodigy.net) Cc: Jennifer Phelan Subject: Fausching House Windows Follow Up Flag: Follow up Flag Status: Flagged Hi Andrew— Jennifer Phelan is out of town this week, so she asked me to follow up with you on your request for a Residential Design Standard Variance for non-orthogonal windows. I took the request to our staff meeting today, and staff agreed that the proposal labeled "best look" in your application meets the review criteria, and the variance will be granted. Let me know if you have any questions. Cheers, Jessica Jessica Garrow, AICP Long Range Planner Community Development Department City of Aspen 130 South Galena Street Aspen, CO 81611 970.429.2780 www.aspencommunityvision.com www.aspenpitkin.com 1 Jennifer Phelan From: Andrew Brendamour[Brendamour-abmour @prodigy.net] Sent: Thursday, April 28, 2011 11:17 AM To: Jennifer Phelan Subject: RE: supplemental information Follow Up Flag: Follow up Flag Status: Completed Thanks. Will you let me know when you have a chance to take a look at the windows? Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Rd. Cincinnati, OH 45242 (513) 247-0077 ext. 31 From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us] Sent: Monday, April 25, 20114:14 PM To: Andrew Brendamour Subject: RE: supplemental information Hi Andrew: I wanted to let you know about the most pressing items via my email as you have the early May deadline. The intent of my email was to let you know the status of the application and is not a formal notification (signed by the Community Development Director).) need to walk to the site and take a look at the context and will get back to you shortly on the windows. Kind regards,Jennifer joywUfer Phe,ia v,A I C P Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Andrew Brendamour [mailto:Brendamour-abmour @prodigy.net] Sent: Monday, April 25, 2011 11:53 AM To: Jennifer Phelan Subject: RE: supplemental information HI Jennifer, Have you made any decision regarding the windows? I did not see anything about that in your email. Thanks, Andrew Brendamour Brendamour Warehousing, Distribution & Services, Inc. 11400 Grooms Rd. Cincinnati, OH 45242 (513) 247-0077 ext. 31 From: Jennifer Phelan [mailto:Jennifer.Phelan @ci.aspen.co.us] Sent: Friday, April 22, 20116:09 PM To: Andrew Brendamour Subject: supplemental information Hi Andrew:Thank you for the supplemental information that was provided recently with regard to the land use application associated with Fasching Haus East units 440 and 450. 1 have had a chance to review the material which contained additional information on the rental history of both units, adequate proof of ownership and additional information with regard to your residential design variance request as well as the original application. In reviewing the rental history provided (circa 1989 to the present) our department feels that enough information in the form of rental management documentation and tax information has been submitted to confirm that unit 440 unit has been used "exclusively as tourist accommodations or by non-working residents." Documentation for unit 450 has been provided indicating that it has also been used as tourist accommodations since 2003; however, no information is provided prior to 2003. We'll need additional documentation going further back at least another ten years. I recognize that this will take additional time and effort. On my part I have checked with our finance department to see if there have been lodging tax payments made on behalf of the specific units, but no record was available. I've also reviewed the proposed floor plans of the reconfigured units and need to inform you that our department will not be able to approve the reconfiguration as proposed if additional documentation is provided for unit 450 to meet the exemption requested.The stacked rather than side by side configuration can be permitted; however,there are enough design features in the reconfiguration that essentially combine the units. Specifically the spiral stairwell is not required by the building code for egress and functions to combine the units. Additionally,the new doorway at the beginning of the "common hall" along the circulation corridor of the third floor acts to combine the units.The zone district that the units are located within have a square footage cap that would be exceeded with the combining of the two units. The maximum size cap is 1,500 sq. ft. of net livable area or, with the landing of a Transferable Development Right, 2,000 sq. ft. I realize you have an upcoming closing deadline and wanted to provide this information to you so you have an opportunity to consider how you will proceed. Please feel free to contact me with any questions you may have. Kind regards,Jennifer Je*uAi er PheicL.w,AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com No virus found in this message. Checked by AVG - www.avg.com Version: 10.0.1209 /Virus Database: 1500/3590 - Release Date: 04/22/11 2 ASPEN LODGING CO . ID :3039252264 AUG 31 '94 1646 No . 2 11 y` via 17ak-: r •OWNER APARTMENT USE - WINTER 1994-95 Please check appropriate bo,m r Apt o '4qo Nazna• Dian' dla ... 1. My apartment will be used ONLY for the time periods listed below. It. will be available far rental for the remainder of the winter sm.on, Arrive) , DapAfNie Type of Ilousekeeping of Bedioauts Nana 7311to Dade #of People RZgtt ovw* buiug used A. Daily Service- regular daily maid service. B. Towels and trash - daily fresh tovti cL and trash removal.only. C. No service - a departure clean only. D. Other - please describe below the type of service you would like. We will provide daily maid scivice, unless you advise us_differently, 2. At this time my plans do NOT include the use of my apartment during th6 1994 95 winter season anti it is available for rental for the entire season. 1 do NOT want my apartment to be available for rental this winter. 747 Galena Street Aspen,010rado 81011 304.025.2200 800.321.7025 Faxi 303,925,224.1- , �r ASPEN LODGING CO . ID :3039252264 AUG 31 '94 16 :47 No .011 P .02 08/31/94 16:53.09 39 Aspan Lodging CCs. Trust 117.27 Page 1 Reservations Report For Arrivals From 12/01/94 To 04/20/95 'For All Complexes Vol/Bl% Last Name/BlooX Arrival Departure TYPO Nights Sra Dep tent ---------- -- --,------ -- ---- --- - ------------ H440 FASCHIN'G HAUS UNIT # 440 24247 RUBRNSTEIN 12/18/94 12/27/04 ST 9 NG Y 3655.00 24453 PARSONS 01/01/95 01/07/95 ST 6 WHI Y 1770.00 23067 PRUDENTIAL 02/04/95 02/11/95 ST 7 GRP Y 2086.00 25276 MANOS 02/11/95 02/1$/95 ST 7 TA N 3,150.00 23417 MILBY 02/25/95 03/04/95 ST 7 WHO N 2045.00 Total 36 13706.00 H440S FASCKXNG HAUS t7MIT # 440S 24584 SOUTH SAY 03/04/95 03/11/95 ST 7 GAP N 1414,00 -_-_ ------------ Total 7 1414.00 H4401 FASCHING HAUS UNIT # 4401 25284 COLBTTE 12/07/9+ 12/11/94 ST 4 GRP N 660.00 Total 4 ;60.; Grand Total 47 25780.00 HMO- "� U > r March 1, 1995 RE: Owner Summer Use Dear Owner, Reservation requests for the 1995 summer season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. Please indicate your plans for the 1995 summer season on the attached form and return it to us by APRIL 20TH, 1995. If we do NOT hear from you by then, we will assume that you have no plans to use your apartment and will make it available for rental for the ENTIRE summer. Thank you for your timely response. Si nn.�rol tt ASPEN SNOWMASS LODGING COMPANY Gail Otte Reservations Coordinator 747 Galena Street Aspen, Colorado 81611 303.925.2260 800.321.7025 Fax:303.925.22641 iL 741W-w ­0M I Lit 1 - - - - - - - - - - -------------- OWNER APARTMENT USE SUMMER 1995 Please check appropriate boxes Apt # Name: 61aml-bli 1. My apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder of the summer season. Arrival Departure Type of Housekeeping #of Bedrooms Name Date Date #of People Requested being used t %. � 4 Housekeeping types: A. Daily Service - regular daily maid service. B. Towels and trash - daily fresh towels and trash removal only. No service - a departure clean only. L. Ot"ar - phase Jescnilbe below t1he type u'service you wouid like. 3-11 %-ILII A U Ilu U I We will provide daily maid service, unless you advise us differently. — 2. At this time my plans do NOT include the use of my apartment during the 1995 summer season and it is available for rental for the entire season. — 3. 1 do NOT want my apartment to be available for rental this summer. �' �Q� May 1, 1995 RE: Owner Winter -Use Christmas 1995 Winter 1995-96 Dear Owner, Reservation requests for the 1995-96 winter season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. The enclosed form has space on it for you to indicate your plats for use of your apartment during the Christmas/New Years holiday and also during the entire ski season. Please complete the form and return it by JULY 1ST, 1995. If we do NOT hear from you by then, we will assume that you have no plans to use your apartment and will make it AVAILABLE for rental for the ENTIRE winter season. Thank you for your timely response. Sincerely, Gail Otte Reservations Coordinator encl. 747 Galena Street Aspen.Colorado 81611 301925.2260 800.321.7025 Far:303.925.2264 i OWNER APARTMENT USE - WINTER 199 -96 PLEASE CHECK THE APPROPRIATE BO"_ES Apt,� 4 Name: C: l> ;( 1. My apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder of the winter season. Arrival Departure Type of Housekeeping #of Bedrooms Name Date Date #of People Requested* being used HOUSEKEEPING TYPES: A. Daily Service - regular daily maid service. B. Towels, Trash and make Belk- d—n i-1/f.Acl1 tn"untc +ragh ro;rovat and make hods only. v C. No Service-a departure clean only. D. Other- please describe below the type of service you would like. * WE WILL PROVIDE DAILY MAID SERVICE, UNLESS YOU ADVISE US DIFFERENTLY. 2. At this time my plans do NOT include the use of my apartment during the 1996- 96 winter season and it is available for rental for the entire season. _ 3. I do NOT want my apartment to be available for rental this winter. 747 Galena Street Aspen.Colorado Slott 303.?25.22a0 300.321.1 Fax:303.925.2126 OWNER APARTMENT USE -WINTER 1996-97 /////, PLEASE CHECK THE APPROPRIATE BOXES Apt � ;r��7` 24112 Name: V 1. My apartment will be used ONLY for the time periods listed below. It will be available for rental for the remainder of the winter season. Arrival Departure Type of Housekeeping n of Bedrooms Name Date Date #of People Requested being used &AW1 b� ;_e� x". HOUSEKEEPING TYPES: A. Daily Service- regular daily maid service. B. Towels, Trash and make Beds- daily fresh towels, trash removal and make beds Only. it ��{{ `.. NTC Qer%"vP- Y APnartjlre r,!4-;1q onlV. D. Other- please describe below the type of service you would like. * WE WILL PROVIDE DAILY MAID SERVICE, UNLESS YOU ADVISE US DIFFERENTLY. 2. At this time my plans do NOT include the use of my apartment during the 1996- 97 winter season and it is available for rental for the entire season. _ 3. I do NOT want my apartment to be available for rental this winter. C", iy ` F,r1 191�1% ATT'ENT'ION OWNERS!! YOUR OWNER USE IS REQUESTED AS SOON AS POSSIBLE. Please find the enclosed Owner Use Form for the Summer and Winter seasons. We ask that the summer form to be returned back to us by April 15th and the winter form to be returned to us by June 1st. The requests for this summer and next winter are already coming in strong and it will be easier to confirm reservations when we know what units we have available to rent. If you do not know your exact dates at this time, but you know what days or months you will NOT be using your unit, please provide us with this information. We can always "block" your unit for times that you are unclear about, but you will need to remember to release the space once you know your exact dates. Please give reservations a call if you have any questions. Thank you for your time and attention in this matter. Sincerely, ASPEN LODGING COMPANY Marty Ryan Reservations Manager (2/17/97) 747 South Galena Street Aspen.Colorado 81611 970.935.2260 800.321.7025 Fax:970.925.2264 - lutp:/ht,%%,i%,.aspenonline.conVaspenlodgingco E-niail: lodging@csn.net } # VS�'47r JUN � 6 1997 OWNER CONDOMINIUM USE - SUMMER 1997 PLEASE RETURN THIS FORM OR CONTACT THE RESERVATIONS DEPARTMENT BY APRIL 15TH. Apt# P 4 Name: My apartment will be occuppied during the time periods listed below for my owner and guest use. (Please fill this space in whether your unit is ON or OFF the rental market). Arrival Departure Type of Housekeeping #of Bedrooms Name Date Date #of People Requested* being used IL-1z � // HOUSEKEEPING TYPES: N. No Service-a departure clean only. B. Towels,Trash and make Beds-daily fresh towels,trash removal and make beds only. D. Daily Service- regular daily maid service. u. Other- *We will provide Daily Maid Service, unless you advise us differently. Please indicate below which statement applies to your condominium: l� 1. My apartment,is a ailab e o by ON he rental market for the entire summer season. 2. My apartment i OFF the rentaf market for the entire summer season. •7.17 South Galena Street Aspen,Colorado 81611 970.925.2260 800.321.7025 Fax:970.925.226+ http://w«,iv.ispenonline.com/aspenlod,ingca E-mail: lodainy @esn.net 11 'ItlIU E OWNER CONDOMINIUM USE - WINTER 1997-98 PLEASE RETI''ON THIS FORM OR CONTACT THE RESERVATIONS DEPARTMENT BY JUNE 1ST. Apt# 14q 4D Name: I�NCcL ll�S My apartment will be occuppied during the time periods listed below for my owner and guest use. (Please fill this space in whether your unit is ON or OFF the rental market). Arrival Departure Type of Housekeeping #of Bedrooms Name Date Date #of People Requested* being used ��. i HOUSEKEEPING TYPES: N. No Service-a departure clean only. B. Towels,Trash and make Beds-daily fresh towels,trash removal and make beds only. D. Daily Service- regular daily maid service. O. Other- "`We will provide Daily Maid Service, unless you advise us differently. Please indicate below which statement applies to your condominium: 1. My apartment is available to be ON the rental market for the entire winter season. 2. My apartment is OFF the rental market for the entire winter season. • 747 South Galena Street Aspen,Colorado 51611 970.925.2260 800.321.7025 Fax:970.92;776-+ - http:/Aw\m'.aspenonline,coni/aspenlodgingco E•mail: loclgint,@csn.net z � FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303)925-5900 May 15, 1989 Jim & Marilyn Gianulius 1105 Quail St. r'= Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus 1#440 Dear Mr. & Mrs. Gianulius, Per your conversation with Sheryl , we are now holding the dates listed below for Darrell Hoover's use. Arr: 6/30/89 Dep: 7/05/89 We will continue to leave your apartment off the rental market for the summer season. Please let is know if you have any changes or additions. Sincerely, n Lyn +Nehasi 1 Reservations Supervisor l FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen,Colorado 81611 (303) 925-5900 May 26, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: owner Summer Use Fasching Haus #440 Dear Mr. Gianuiias , Thank you for sending us your summer owner use schedule. We have reserved the unit for your use as follows: Arr: 06/23/89 Dep: 06/28/89 Arr: 06/29/89 Dep: 07/05/89 Hoover , Arr: 07/20/89 Dep..,_.....07/2.3799.,.... .......... . Arr: 10/05/89 Dep: 10/08/89 On all other dates this summer, we are offering the unit for short term rental . If we can do anything else for you, please don't hesitate to give us a call . Sincerely, Vicki Chavka Reservations FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen,Colorado 81611 (303)925-5900 June 27, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus #440 Dear Mr. Gianulias, After speaking with you and your wife today in the office, I have added the dates' of August 25 through September 4 to your owner summer use. We have the dates blocked below for your summer use. ARR: 6/29/89 DEP: 7/05/89 Hoover ARR: 7/20/89 DEP: 7/23/89 ARR: 8/25/89 DEP: 9/04/89 ARR: 10/05/89 DEP: 10/08/89 We will continue to leave your unit on the summer market for all remaining dates. If there is anything else we can do for you, please -_ do-not hesitate to call, 4Sincerel , lace Reservations i FASCHING HAUS CONDOMINII In at the ba 747 South Galena Street Aspen,Colorado 81611 : (303) 925-5900 July 12, 1989 Darrell Hoover 17821 Mitchel Irvine, CA 927111 Uzc Fasching Haus #440 Dear Mr. Hoover, Per your conversation with Carol in our office, we are now holding the dates as shown below for your use. Arr: 11/22/89 Dep: 11/27/89 Arr: 12/20 or 21/89 Dep: 12/27/89 (originally booked as 12/20-please advise) Arr: 12/27/89 Dep: 1/03/90 - Gianulias Arr: 1/18/90 Dep: 1/22/90 Arr: 4/11/90 Dep: 4/16/90 We still have you on a wait list for an additional unit from Dec. 27 to Jan. 3, 1990. I We will colltinue to leave all other dates on the rental market for { the winter ski season. Tf there is anything else that we can do for you, please let us )a low. Sincerely, Gail Otte Reservations Manager / CC: Jim Gianulias ✓ t Condominium Rental Management, Inc. 747 Soulh Galena Streel MonogingAgent for Aspen,Colorado 81611 • Tosching Hous Fifth Avenue • Alpenblick Tipple Inn (303)925.2260 Du'onr Tipple lodge Telex No 5106000914 Aspen Min OWNER APARTMENT USE - WINTER 1989-90 Please check appropriate boxes ' Apt. # ���IU Name: please prince U� 1. I am planning to use my apartment only for the time periods listed below. It will be available for rental for the re- mainder of the winter season. Name Arrival Date Departure Date D 2. At this time my plans do NOT inclu� the use of my app yment during the 1989•-90 winter season a d it is available for rental for the entire season. 3. I do NOT want my apartment to be available for rental this �( winter. oe P. 0. Box 2990 Newport Beach, California 92658 August 2, 1989 Ms. Gail Otte Reservations Manager Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado 81611 Re: Owner Use Fasching Haus 11440 Dear Gail : Please reserve 11440 for our use on the following dates: Arrival July 1 , 1990 � - Departure July 81 1990 1 Very truly yours , i I . C./Gianulias JCG/jw M FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 61611 (303) 925-5900 August 23, 1989 Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #440 Dear Mr. Gianulias, Per my conversation with your wife, we are holding the dates as shown / below for your use this coming winter. Arr: 11/22/89 Dep: 1"1/27/89 Hoover Arr: 12/27/89 Dep: 1/03/90 Gianulias Arr: 1/27/90 Dep: 1/31/90 Gianulias We will continue to leave all other dates on the winter rental market, unless we hear otherwise from you. We hope tilat you are having a pleasant Surumeri Sincerely, 'k L-0l . Gail Otte Reservations Manager CC: Darrell Hoover J i i FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen, Colorado 81611 (303) 925-5900 October 28, 1989 Darrell Hoover Hoover Financial Group, Inc. 17821 Mitchell Irvine, CA 92714 i RE: Owner Winter Use Fasching Haus #440 Dear Mr. Hoover, Per Carol's conversation with Joyce, we have cancelled your November 22-27 usage dates. We are still holding the dates as shown below. Arr: 12/27/89 Dep: 1/03/90 Gianulias Arr: 1/27/90 Dep: 1/31/90 Gianulias We will continue to leave all other dates on the rental market, unless we hear from you otherwise. We look forward to seeing you over the Holidays! Sincerely, - Gail Otte Reservations Manager CC: Jim Gianulias FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen,Colorado 61611 (303)925-5900 February 16, 1990 Darrell Hoover Hoover Financial Group 4340 Von Karman Ave. , Ste. 150 Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #450 Dear Mr. Hoover, Per our conversation last week, we are holding the following dates for your owner use. ARR: 03/31/90 DEP: 04/03/90 ARR: 04/11/90 DEP: 04/16/90 We are also holding Fasching Haus #440 for the same dates for your use. Being that you are an owner, we will not require our normal deposit. However, should you cancel, the cancellation policies will still apply. (please see attached) . Sincerely, MaMeth Mac Lon Reservations cc:Gianulias\// encl. FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen,Colorado 81611 (303) 925-5900 March 1, 1990 RE: Owner Summer Use Dear Owner, Reservation requests for the 1990 summer season are already coming in. Before confirming a reservation, we want to be sure that your apartment will be available for you and your guests when you want to use it. Please indicate your plans for, the 1990 summer season on the attach- ed form and return it to us by APRIL 15, 1990. If we do not hear from you by then, we will assume that you have no plans to use your apartment and will make it available for rentals for the entire summer. Thank you for your timely response. Sinc r ly, l Lee L. Miller General Manager LLM:go encl. 1 Condominium Rental Management, Inc. 747 South Galena Street Monoging Agent for Aspen,Colorado 81611 Foschhg Hous • Firth/venue Alpenbitck Tipple inn (303)925-2260 puront • Tipple lodge Telex No 5106000914 Aspen Min. OWNER APARTMENT USE - SUMER 1990 Please check appropriate boxes Apt. # `TTo Name: ...1/ e��--/.�s Tpleasint 1. Will you let us rent your condominiwn at a monthly rate tl it a z;ummer (apprcx.,mately June t:o September 1) with uninterrupted use? Yes No 2. I am planning to use my apartment only for the time T" periods listed below. It will be available for rental for the remainder of the summer season. Name Arrival Date Departure Date 3. At this time my plans do NOT include the use of my apart- ment during the 1990 summer season and it is available for rental for the entire season. U. I do NOT want my apartment to be available for rental this summer, FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street I*P Aspen,Colorado 81611 (303)925-5900 May 1, 1990 `{t RE: Owner Use Christmas 1990 Winter 1990-01 Dear Owner, Requests for reservations during the 1990-91 ski season are already corning in; however, before confirming a reservation in your apartment we want to be sure that it is available for you and your family or friends for your preferred dates. The enclosed form has space on it for you to indicate your plans for use of your apartment during the Christmas/New Years holiday and also during the entire ski season. Please complete the form and return it by JULY 1st. If we do not hear from you by July 1st, we will take your apartment OFF of the winter rental market until we do hear from you. Thank you for your prompt reply. Please give us a call if you have any questions. Sincerely, Gail Otte Reservations Manager Encl. PIT Condominium Rental Management, Inc.8r6 747 South Galena Street Manoging Agent for Aspen,Colorado 81611 • Fascn HowHowFirm Avenue p Afpenbli blick Tipple inn (303) 925-2260 Durant Tipple Lodge Telex No 5106000914 Aspen Mtn. OWNER APARTMENT USE - WINTER 1990-91 Please check appropriate boxes Apt. # 'T�t�-' Name: pleazie print 1. I am planning to use my apartment only for the time periods �! listed below. It will be available for rental for the re- mainder of the winter season. Name Arrival Date Departure Date 1-100✓,2r ?I Zc 0 �� j j c 2. At this time my plans do NOT include the use of my apartment _ during the 1990--91 winter season and it is available for rental for the entire season. C 3. T do NOT want my apartment to be available for rental this winter. FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen,Colorado 81811 (303)925-5900 June 13, 1990 Jim & Marilyn Gianulias 1105 Quail St. Newport Beach, CA 92660 RE: Owner Summer Use Fasching Haus 1440 Dear Mr. Gianulias, Per my conversation with Tom Sharkey this afternoon, we are now holding the dates listed below for your use. ARRIVAL DEPARTURE 06/28/90 07/01/90 07/31/90 Off Market until further notice Our records show that the last correspondance with you was on May 3, 1990 (see attached) . We have not heard anything from you to dispute this correspondance. As you know every time you contact us in regards to owner usage we immediately reconfirm the conversation with a letter. Again, our last conversation with you was on May 3rd. We have not spoken with your secretary, as Tom Sharkey indicated. We at Condominium Management pride ourselves on being as accurate as possible and apologize for any misunderstanding regarding this matter. If you have any changes or additions, please do not hesitate to contact US. Sincerely, Lyn Vehasil Front Office Manager FASCHI , G .HAUS_, , ONDOMINIUMS at the,base:of.Aspen, .Mountain. ;747 South Galena Street ' Aspen,Colorado 81.811 ; ; (303)925.5900 G^- May, 3, 1990 Mr. & Mrs. Gianulias 1105 Quail Street Newport beach, Cdr 92660 r RF,: x' Own Y/Summer Use sching Haus 11440 Dear Mr. ,Gianulias, ' Y we are holding .the following Perm conversation with you th . morn ... dates for your owner. summer u We will leave your unit o the market from now until June '15. :We will' ', take your unit off the rket from June 15 until July 2. it will be Y y market back on the rental ma et Jul 2 until Jul 31 and off the rental again for all of Au at. Should there be ny_changes".or. additions,,.please do not hesitate, to `call Sincer y, 3 Maribeth Mackinnon ; • - Reservations t z.. t° � r} • L S� P. O. Box 2990 Newport Beach, California 92658 July 27, 1990 Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado Attention: Gail Otte Reservations Manager Re: Owner use Fasching Haus #440 Dear Gail : Please be advised that I never did receive the form that we were to fill out the dates that we would be using our unit , but we heard through the grapevine that they had been sent. These are the dates that we will be using the unit: Arr: Wednesday, December 26, 1990 Dep: Tuesday, January 1 , 1991 Arr: February 2, 1991 Dep: February 9, 1991 Arr: March 6, 1991 Dep: March 10, 1991 Arr: March 22, 1991 Dep: March 31 , 1991 Tentatively hold this date: December 6, 1990 and not December 9 , 1990 Very truly yours, James C. Gianulias JCG/jw �M %"'NANUU4 FASCHING HAUS CONDOMINIUMS 747 South Galena Street at the base of Aspen Mountain Aspen,Colorado 81611 (303) 925-5900 December 17, 1990 Mr. & Mrs. Jim Gianulias 1105 Quail Street Newport Beach, CA 92660 RD: Owner Winter Use Fasching Haus '440 Dear Mr. & Mrs. Gianulias, Per my conversation with Mrs. Gianulias, we show your owner usage dates below: Arr: 12/26/90 Dep: 1/02/91 Arr: 1/02/91 Dep: 1/05/91 Hoover Rm '342 Arr: 2/20/91 Dep: 2/24/91 Arr: 3/06/91 Dep: 3/10/91 Arr: 3/22/91 Dep: 3/31/91 We show ALL other dates ON the rental market. We understand that you will be arriving early in the morning of December 27th and we look forward to seeing you then! Sincerely, �LL Gail Otte Reservations Manager P. 0. Box 2990 Nepwort Beach, CA 92658 January 16, 1991 Fasching Haus Condominiums 747 South Galena Street Aspen, Colorado 81611 Attention: Carol Re: Owner Winter Use Fasching Haus #440 Dear Carol: The dates of February 20 — February 24 and March 6 through March 10th are available. We obviously will not be there and you have our permission to go ahead nd rent it during this time. e y tru yours, J. C. Gianulias "'M ANUUAS-`:�' FASCHING HAUS CONDOMINIUMS at the base of As ,e� i�lotrih 747 South Galena Street Aspen,Colorado 81611 (303) 925-5900 Jaunuary 23, 1991 Mr. and Mrs. Jim Gianulias 1105 QuAm- Street Newport Beach, CA 92660 RE: Owner Winter Use Fasching Haus #440 Dear Mr. & Mrs. Gianulias, Per my recent conversation with Jacklyn, at your offices, we have made the appropriate additions for your guests' use. These changes are listed below, along with the rest of your winter use. Arr: 02/20/91 Dep: 02/24/91 - Laird Arr: 03/22/91 Dep: 03/31/91 - Gianulias We will continue to leave your apartment on the rental market for the remainder of the winter season, unless we hear from you otherwise. Should you have any changes or additions, please do not hesitate to call our office. Sincerely, J Eileen Hughl Reservations Condominium Rental Management, Inc. 747 South Galena Street Managing Agent for Aspen,Colorado 81611 • Fosching Hous Fifth Avenue (303)925-2260 AJpenblick • Tipple Inn •Aspen Tipple Lodge FAX(303)925-2264 •Aspen Min. ?ttiNGn APAR"i'HIVII F �,:,f, - WTN T 'R .1.491-92 Please check appropriate boxes Apt. It ' Name: (plCagP n1 . I am plarJnir.-F to use my apartment;anent or,]y for the time periods listed below. it ::ill. be av,:iiabie for r!�!ntal for the re- rrlainder or the winter season. Name Arrival Dale Departure Date 2. At thin time my plans do NOT include ttfe use or my apartment during, th,- 1991-92 winter season and it is avai]ante for rental Lor t.hs entire Season. I do NOT want my apartment to tic available for rent.31 this winter. FASCHING HAUS CONDOMINIUMS at the base of Aspen Mountain 747 South Galena Street Aspen, Colorado 81611 (303)925-5900 March 1, :1992 RE: CNneL' Summer Use Gear Owner, Reservation requests for Lhe x.:92 sumirer season are already coming in Before confirming a reservati::•n, we :;ant to be sur,:: that vcur apart- ment will be available for you and your quests when you Want to use it. Please indicate your plans ".or. ttxa sumn�er season on the .attached form and return it to us by APRIL 15, 1992. if we do NOT hear from You by then, we will. a.ssuli\- that y.:,u 11ave no plans to use your apart- ment and will make it available z:)r rental for the erntire svTver, Thank you for your tin iv rusWnse. .�incer�l} , Gail of CE Reservations Man3gor encl. Tin{�ti�UlU bcx�>'���P �U H- A,�, Condominium Rental Management, Inc. 747 South Galena Street Managing Agent(or Aspen.Colorado 81611 Fosching Hous Flnh Avenue (303)925-2260 AlpenbIIck Tipple Inn FAX 303 925-2264 Ouront Tipple Lodge AX ( ) Aspen Mtn. CNNER APARTMENT USE - SrISIMER 1992 ?lease check appropriate boxes Apt. # �'tV Name: i)j] 1. d+r�tt 1�t ,t^ r.e /t� Jrr�irt r�;.tt j rt!;?LUra at ° thib surmrrer (approximately June 1 tc Septet er 1) with unintevrupted use? Yes [� 2. I am planning to use my apartment or;ly for the time periods listed below. It will be available for rental for the remainder or the summer, season. Name ( ) Arrival Date Departure Date 71' �] 3. At thi9 time my plans do NOT include the use of my apart- ment during the 1992 u--mer season and it is available for rental .for the entire stunrt,ar• season. 4. I do NOT 4al1t 11, ap; r•tm-?nr ,o be avail ble for rental this summer. Condominium Rental Management, Inc. 747 South Galena Street Managing Agent tot Aspen.Colorado 81611 Fosching Hous Fifth Avenue (303)925-2260 Aipenblick Tipple Inn FAX 303 925 2264 Durant Tipple Lodge ) Aspen Mtn. Galena Place 019NER APARTMENT USE -- SUMMER 1993 Please check appropriate boxes Apt. # �q0 Name: �-lanylta�-- [� 1. Will you let us rent your condominium at a monthly rate this summer (approximately June 1 to September 1) with uninterrupted use? Yes No 2. I am planning to use my apartment only for the time periods listed below. It will be available for rental for the remainder of the summer season. Name Arrival Date Departure Date [� 3. At this time my plans do NOT include the use of my apart- ment during the 1993 summer season and it is available for rental for the entire summer season. Q 4. I do NOT want my apartment to be available for rental this summer. f. P $� " At t" ,d u a-j/94 �. �Jr.�t'_ Response to Land Use Application Determination of Completeness For Renovation and Reconfiguration of Fasching Haus East Condo Unit #340/440 and Condo Unit #350/450 4/12/2011 Index 1. Cover Letter to Jennifer Phelan 2. "Land Use Application Determination of Completeness"Dated March 31, 2011 3. Request#1 "Appropriate Disclosure of Ownership" Proforma Title report and Alta Commitment for title 4. Rental Agreement and Rental Activity Records for Unit 350/450 5. Rental Agreement and Rental Activity Records for Unit 340/440 6. Request#3 written response to review criteria 7. Proposed Window System 8. Window systems that meet residential design standards 9. Building Plan showing non-orthogonal elements Jennifer Phelan ; Deputy Director J:x City of Aspen Community Development Dept. ' ' z 130 South Galena Street Aspen, CO 81611-1975 RE: Additional Information in Response to Land Use Application Determination of Completeness Dated March 31,2011 Dear Jennifer, Enclosed please find the following additional information that you requested. Request l: "Appropriate Disclosure of Ownership" Additional Information: Enclosed please find a Proforma Title report dated April 6,2011 for Unit 350/450 and the Alta Commitment for Title Insurance dated February 15,2011 for Unit 340/440. Request 2: "Proof of Rental History" Response: Enclosed please find copies of the Short Term Rental agreements for both units and rental activity records. Based on your conversation with Doug Nehasil,he is also obtaining for you additional affidavits. This building is historically known in the community as always being a short term tourist rental property with a rental office right on site. Request 3: "Written response to review criteria for variance from residential design standards" Response: Attached is our response to the review criteria. Please let me know if you have any further questions.We have a contingency date of May 2nd on this project, so please set it up for approval so I will know the City of Aspens position on the requested items prior to that date. Thank you very much for your understanding. We love Aspen and want to invest further in this community and create two units that will best meet the needs of our growing and aging family. The lower unit can allow my kids families to enjoy the privacy of their own unit with a separate kitchen and living area when they visit us. The upstairs unit is designed to provide a better floor plan for everyday living for me and my wife now that we are getting older and want to spend more time in Aspen in the winter and summer. When my family is not visiting us,we will be able to rent out the lower unit on a short term tourist basis. We appreciate your full consideration and ruling on the applications. Sincerely, Doug Brendamour, Grantor THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 31 2011 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 0019.2011.ASLU—747 S. Galena Street aschin House). Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Appropriate Disclosure of Ownership, consisting of a current title certificate from a title insurance company, or attorney licensed to practice in Colorado, listing all names of all owners of the property, and all mortgages,judgments, liens, easements, contacts and agreements affecting the property. A deed for condominium unit 350 does not meet the minimum requirement. The title provided for condominium unit 340 does not provide all schedules and disclosures. 2)Proof of rental history. Additional proof is required to substantiate the claim that these two units have solely been used as tourist accommodations. Occupancy records, leases and additional affidavits should be submitted. 3) Written responses to the review criteria for variances from the residential design standards (section 26.410.020 D.1). 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. Other submission items may be requested throughout the review process ",deemed necessary by the Community Development Department. Please contact meat 429-2759 if you;have any questions. Thank You, "mu ,Deputy Director City of Aspen, Community Development Department ALTA Commitment For Title Insurance S'TCOR: AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3'D FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis - (tjd @sopris.net) Tom Twitchell - (tomt @sopris.net) Joy Higens - (joy @sopris.net) Brandi Jepson - (brandi @sopris.net) - Closing & Title Assistance Issued By WESTCOR Home Office: 201 N.New York Avenue,Suite 200 Winter Park,FL 32789 Telephone(407)629-5842 4 WESTCOR TM F,MAJRANCF.COMPANY ALTA Commitment Form(6-17-06) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY Westcor Land Title Insurance Company, a California Corporation,("Company'),for a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule 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 hereof by the Company. All liability and obligations under this Commitment shall cease and terminate within six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and these presents to be signed in facsimile under authority of its by-laws on the date shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY BY f r f4YSLC Y�F��- �"VI4.�L�.j.•fI A.4'ti;St: y,, y r 5c�ccL:tari Countersigned: Authorized Signature CO 1045 * * Pitkin County Title,Inc. 601 E.Hopkins#3 Aspen,CO 81611 CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the Proposed Insured has or acquires 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 knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien or 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 incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in 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 for 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 arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000.00 or less shall be arbitrated 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. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 15, 2011 at 8:00 AM Case No. PCT23101 W 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$870,000.00 Premium$ 1,933.00 Proposed Insured: Rate: Standard DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST (b)ALTA Loan Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JIM GIANULIAS 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 340, FASCHING HAUS EAST,A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794 and amended by instrument recorded March 17, 1975 in Book 297 at Page 142. PITKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: - - - - - - - - - - - - - - - SCHEDULE B-SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: 1. The following documents should be obtained and recorded from the Estate of JAMES C. GIANULIAS, debtor, in Case No. 8:08-bk-13150, in the United States Bankruptcy Court for the Central District of California: (a) Certified copy approved by the Company of the Order of Court avoiding those liens described as follows: (1) Deed of Trust from :JAMES GIANULIAS to the Public Trustee of the County of PITKIN for the use of :WELLS FRAGO HOME MORTGAGE, INC. original amount : $350,000.00 dated : February 5, 2003 recorded : February 19, 2003 reception no. : 478890 (2) Mortgage Deed from : JAMES CHRIS GIANULIAS, TRUSTEE OF THE JAMES CHRIS GIANULIAS TRUST DATED OCTOBER 14, 2003 for the use of : GUS GIANULIAS, TRUSTEE OF THE GUS C.AND JULIE M. GIANULIAS FAMILY REVOCABLE TRUST ESTABLISHED JANUARY 20, 1983 AND ALL AMENDMENTS THERETO original amount : $700,000.00 dated : December 6, 2007 recorded : January 24, 2008 reception no. : 546068 (Continued) SCHEDULE B-SECTION 1 REQUIREMENTS-Continued 2. The following documents should be obtained and recorded from the Estate of JAMES C. GIANULIAS, debtor, in Case No. 8:08-bk-13150, in the United States Bankruptcy Court for the Central District of California: (a) Proceedings,to be approved by the Company, resulting in the sale of subject land by the debtor in possession in the Case, to the grantee named below. (b) Certified copy of Order of Court authorizing the sale of subject land by the debtor in possession OR Order of Abandonment in the Case,to DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, upon the terms stated in the Order, and expiration of any applicable stay of said Order. (c) Deed from JIM GIANULIAS, debtor in possession in bankruptcy, conveying subject land to DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, as grantee, pursuant to the above. (d) Expiration of 10 day stay of the above required order. 3. Delivery to the Company of an executed copy of the Trust Agreement for DOUGLAS P. BENDAMOUR CHILDREN'S TRUST for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 4. Duly executed Statement of Authority for DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38-30-108.5. 5. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of FASCHING HAUS CONDOMINIUM ASSOCIATION certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 6. Duly acknowledged certificate of the Managing Agent or Board of Directors of FASCHING HAUS CONDOMINIUM ASSOCIATION certifying that proper notice of sale of the subject property was given and that the remaining owners of said Association did not elect to exercise their option to purchase pursuant to the Right of First Refusal as set forth in the CONDOMINIUM DECLARATION. 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979)and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) 9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) (Continued) SCHEDULE B-SECTION 1 REQUIREMENTS-Continued 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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 hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record in Book 175 at Page 202. 8. 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 April 13, 1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29, 1965 in Book 211 at Page 344 and Amended Declaration of Protective Covenants and Time-Sharing Agreement, recorded March 17, 1975 in Book 297 at Page 142. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. All matters set forth in Articles of Incorporation and By-Laws as evidenced by Consent of By-Laws recorded in Book 320 at Page 977. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 26, 1969 in Plat Book 4 at Page 5. 12. Terms, conditions, provisions and obligations as set forth in Letter of Understanding recorded January 18, 1996 as Reception No. 389215. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389216. 14. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389217. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS-(Continued) 15. Terms, conditions, provisions and obligations as set forth in Rules and Regulations recorded January 15, 1998 as Reception No. 412615. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT23101 W SELLER: JIM GIANULIAS BUYER: DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Upon compliance with the requirements set forth below, the following exceptions will be deleted from the final policy. The fee for deleting exceptions 1 thru 3 with the issuance of Form 130 is$50.00 The fee for deleting exception 4 is$10.00 for Residential Property and $25.00 for Commercial Property. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s)have been paid. NOTE:A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and/or fees for such coverage. NOTE:A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1)The Deed of Trust, if any, required under Schedule B-Section 1. (2)Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i)of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided"Gap Coverage". Pursuant to Senate Bill 91-14(CRS 10-11-122) (a)The Subject Real Property may be located in a Special Taxing District; (b)A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE:A tax Certificate or other appropriate research will be ordered from the County Treasurer/Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088(CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to advise: (a)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 geothermal energy in the property and (b)That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s)of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request,the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Notice of Privacy Policy of Westcor Land Title Insurance Company Westcor Land Title Insurance Company("WLTIC")values its customers and is committed to protecting the privacy of personal information. In keeping with that philosophy,we have developed a Privacy Policy,set out below,that will ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC takes to safeguard that information. Who is Covered We provide our Privacy Policy to each customer when they purchase an WLTIC title insurance policy. Generally,this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers,we may obtain nonpublic personal information directly from the customer, from customer-related transactions,or from third parties such as our title insurance agents, lenders, appraisers,surveyors or other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs.These employees include,but are not limited to,those in departments such as legal,underwriting,claims administration and accounting. Information Sharing Generally,WLTIC does not share nonpublic personal information that it collects with anyone other than its policy issuing agents as needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC has a joint marketing agreement.Entities with whom WLTIC has a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC uses to protect this information and to use the information for lawful purposes. WLTIC,however,may share information as required by law in response to a subpoena,to a government regulatory agency or to prevent fraud. Information Security WLTIC,at all times,strives to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can also be found on WLTIC's website at www.wltic.com. AMERICAN I-AIND TITLE ASSOCIATION C.OMAMIT: IE:NT Ei-I 7-t?£ s s �3 €[1 f gyp y�-.{{� g■ ^�{.g{� T .[.11�}p.L{COR 3. I.aAND TITLE INSLRANI CE COMPANY i E FOR it HOME OFFICE PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021 012 333 REFERENCE:PCT23101W/DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: April 6, 2011 at 8:00 AM Case No. PCT23152P 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: DOUGLAS P. BRENDAMOUR CHILDRENS TRUST 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 350, FASCHING HAUS EAST, A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794. PITKIN COUNTY TITLE, INC. 601 E.HOPKINS,ASPEN,CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: SCHEDULE B-SECTION 1 REQUIREMENTS THIS REPORT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. 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 hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record. 8. 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 April 13, 1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29, 1965 in Book 211 at Page 344. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded June 26, 1969 in Plat Book 4 at Page 5. 11. Terms, conditions, provisions and obligations as set forth in Letter of Understanding recorded January 18, 1996 as Reception No. 389215. 12. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389216. 13. Terms, conditions, provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No. 389217. 14. Terms, conditions, provisions and obligations as set forth in Rules and Regulations recorded January 16, 1998 as Reception No. 412615. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS-(Continued) 15. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded August 24, 2010 as Reception No. 572970. Unit: Date: Z 0/D3 3 E RESORTS �! ASPEN LODGING COMPANY OWNER'S RENTAL MANAGEMENT AGREEMENT THIS AGREEMENT (the "Agreement") made and entered into this /5 day of t a; 20v3 by and between ASPEN LODGING COMPANY LLC, also doing business as ASPEN SNOWMASS LODGING COMPANY, 747 South Galena Street, Aspen, Colorado 81611 (hereinafter referred to as "Company" and P. residing at 1 oS Ck (Z Home Phone # rs ►3) !R'3 f -7'7 19 Office Phone (hereinafter referred to as "Owner"). The person(s) to whom billing and payments should be addressed must appear above. Any changes to the billing address should be sent to the Company by the above Owner. If jointly owned, one Owner must be identified to receive the statement, and as the primary contact, all as more fully set forth on the signature page herein. UNDERSTANDINGS WHEREAS, the Owner wishes to engage the services of the Company as its exclusive Rental Agent to offer the Owner's premises located at . t'r�-•�5 Unit number 3.So�/-.5O Telephone number '170- J�Xo_2 L- y(the "Premises") for rent under the terms and conditions set forth below; and WHEREAS, the Owner specifically reserves the right to remain as an "active participant" in the rental and operation of the Premises, as the term "active participation" is defined in the Tax Reform Act of 1986; and WHEREAS, the Company agrees to advertise and promote the rental properties and facilities managed by it collectively as the Aspen Lodging Company, and/or the Aspen Snowmass Lodging Company, condominium units available for short term rental; and WHEREAS, the maintenance of the good will of guests and prospective guests shall be considered of paramount importance to both parties. NOW, THEREFORE, in consideration of the terms, conditions and the mutual covenants herein set forth, the parties agree as follows: TERMS AND CONDITIONS 1. Delegation: Subject to the rights and authority reserved to the Owner herein, the Owner agrees to make available for rent, and the Company agrees to offer for rent, the Premises subject to the terms and conditions set forth herein. The Owner specifically reserves the right to actively participate in the management of the Premises by: 1) making management decisions pertaining to the operation of the rental activity; 2) performing and/or arranging and delegating through this Agreement for the provision of services and repairs; and 3) reserving the right to become involved in a significant, meaningful and bona fide sense in the management decisions pertaining to the approval of"long term" tenants, the deciding of rental terms, the approving of capital or repair expenditures, and other similar management decisions. 2. Rental Department and Services: The Company agrees to maintain a condominium rental program that shall make available throughout the year, certain hospitality services to renters, owners and friend-of-owners. These services shall include by way of illustration and not limitation, houseke ,ing,, reception, reservations, marketing, a ertising and sales, maintenance and accounting. Services may also be provided on an item-by-item basis ccording to Schedule A, Fee Schedule, effective 9/1/98, which schedule may be amended each year - 4 ' date, the Owner is required to terminate or cause a renewal of this Agreement. 4 ' �--- Wo 3. Access to Premises: Owner agrees not to enter the Premises or to permit any person, whether family member, repairmen or guest, to enter the Premises other than during confirmed times of occupancy by Owner, without prior notification to and approval by the Company; which approval shall not be withheld if such entry or stay does not interfere with a confirmed reservation or guest's right to use of the Premises. All other access to the Premises shall be subject to confirmed reservations or by those acting for or on behalf of the Company, unless Owner notifies the Company to the contrary. 4. Reservations: All reservations for the Premises must be made through the Reservations Department. Because condominiums may be similar except for the number of bedrooms and types of bedding, furnishings and location, they will be rented as much as possible on a rotating basis to give all Owners within a complex with similar units an equal amount of rental time. Reservations may be accepted eight (8) months in advance. All reservations made will be binding on the Owner at the rates quoted at the time of reservation. 5. Availability: The Owner or friends of Owner may occupy the Premises at any time for any length of time except when it has been previously committed by a reservation that cannot reasonably be moved. Owner understands and agrees that the Company shall not move any confirmed reservation from his (or her unit under any circumstances unless such reservation can be moved to a comparable unit without detriment to the rel�ionship with the guest or negative financial impact to the Company. ,Y� 6. Complimentary Use-Sales Promotion: In an effort to promote additional rental business, Owner wil How the Company to use the Premises up to seven (7) complimentary nights per year to house: a) advance convention planners; b) tour planners; c) travel writers; d) other bona fide generators of rental business; and e) persons whose good will may be of direct benefit to the rental program. The Company will provide all linens and cleaning during complimentary use, and be responsible to the Owner for any damages that may occur to the Premises as a result of such complimentary usage. Upon request, the Company, to identify all persons using the Premises under the complimentary use program.OLUNPY. w FP.0 v p a,!� 7. Rates: The Company agrees to provide Owner with an annual recommendation of appropriate rental rates for the Premises for the coming year. Owner reserves the right to approve and/or modify such rental rates. In the event Owner desires a different rental rate than that proposed, Company reserves the right to talk to other owners similarly situated to determine if they too desire a different rate. It is the Company's objective to provide as uniform a rate schedule as is possible, at the same time seeking to achieve maximum revenue recognizing competitive units for rent under the Company's management, together with rental properties available generally in the Aspen/Snowmass area. 8. Owner's Reports: The Company shall maintain, prepare and furnish to owners tri-annual reports that shall be issued within twenty-five (25) days following the season closing dates of December 31, April 30, and August 31 of each year. These reports shall show rental income, if any, Company's compensation and any charges or credit herein provided. Accompanying each report will be distributions by check of the total amount then due Owner; provided, however, no disbursement shall impair an Owner's working capital deposit or other obligations provided for in this Agreement. The Owner's Report will also indicate deductions, if any, for maintenance, repair, Owner housekeeping charges, service charges with explanation, work orders, and any outstanding charges owed to the Company. Owner agrees to pay all charges promptly. Late charges of 18% per annum may be imposed thirty (30) days from the billing date for late payment of amounts due. Calculation of the Company's compensation shall be consistent with the terms and conditions provided herein. 9. Utilities-Telephone: Upon Owner's request and provided Owner is current on all of his or her obligations hereunder, the Company shall arrange for utility and necessary services such as telephone, water, sewer, gas and cable TV Fees for such services shall be billed to Owner's account. Condominium 2 association dues for the Premises will also be added to an Owner's statement if not previously paid by the Owner. 10. Owner and Friend of Owner Use: (a) Owner agrees to check-in upon arrival with the Registration Desk at the Fasching Haus when using the Premises and to checkout with the Registration Desk upon departure. Owner shall not use the Premises at any time without advising the Company of his or her presence in the Premises. (b) During each Owner-occupancy period, Owner agrees to pay for all services required consistent Q with the pricing schedule set forth in Schedule A. Owner may choose which housekeeping and other services he or she wishes during such stay and shall make payment upon departure, or have such amount el offset against the total amount due Owner at the end of the then current billing period. -4- ? .9 (c) When the Premises is occupied by a "Friend of Owner" ( a "FOO") aft-adrmmisti e Q s. T g d b __y he ts. A P Friend of Owner is defined as any person other than Owner and his or her immediate family whose reservation has been arranged for by the Owner and who is not paying the Company for his stay. All •a i , departure housekeeping charges and other charges incurred during such stay must be paid i by the FOO at checkout or specifically approved by the Owner as to be paid by him or her. It is understood L that any fees or charges not paid by the FOO will be the responsibility of the Owner. T-l��ir��+�•�+;��P r (d) Owner and FOO use will be subject to the same check-in and check-out times applicable for all guests (4:00 p.m. arrival and departure times of: 9:00 a.m. (winter) and 11:00 a.m. (summer)), and all parties �ustpa bide b the terms overnin stays by guests. In case of occupancy beyond these stated periods, the any ma y assess a late departure fe�(one-day rental, less commission) which will be billed to the Owner's account. Company agrees, however, to use its best efforts to accommodate the wishes of its owners and FOOs. of r' \ Zoo 11. Term: This Agree ent shall become effective on m�� 1-5- , 2003 and shall continue in full force until the next 31. Thereafter, this Agreement shall automatically be renewed for one(1) year periods. In thee vent either o wishes to terminate this Agreement at its then applicable term end, either party may give o k ays notice of its intention to terminate. Any termination of the Agreement shall be subject to existing confirmed reservations for the future rental of the unit. In the event of a sale, or other transfer of a unit, and as more fully described in Paragraph 28 below, this Agreement may be terminated on thirty (30) days written notice. Owner expressly agrees to honor all confirmed reservations, recognizing failure to do so will interfere with the contractual relationship established between the confirmed guests and the Company. Owner shall be responsible for all expenses incurred by the Company, including loss of revenue, as a result of the Owner's failure to honor confirmed reservations. 12. Annual Requirements: Inspections; Ratings; Deep Cleanings: (a) To assist the Owner in the promotion and rental of the Premises and to maintain specific quality standards, the Company shall seek to annually(and if needed more frequently) conduct an inventory of all major furnishings and equipment, inspect the general condition of the Premises, and provide Owner with a statement indicating the condition of the Premises and written recommendations for improvements. The Owner shall undertake or authorize the Company to undertake whatever improvements or refurbishing the Owner and the Company deem appropriate. Owner understands that the Company maintains classifications of units to give greater information to guests in making a decision for rental. Classifications of each unit have an impact on the rental income that may be achievable from a unit, and are based on amenities provided, condition and age of furnishings, and location. (b) Notwithstanding the termination provision provided in Paragraph 11 above, the Company reserves the right to terminate this Agreement on thirty(30) days written notice, should it deem the Premises to be unsatisfactory for participation in the rental program. As the Company holds itself out as a first class a provider of services, amenities and accommodations, the inclusion of units below the standards re resente 3 p to the public will be detrimental to the overall program and the efforts of the Company in offering condominiums for short term rental. (c) The Owner authorizes Company to perform a&annual general interior"deep clean" of the unit. Deep cleans will be performed after each winter ^ _r season. Charges will be as set forth on Schedule A, unless an alternative fee is agreed to by the parties prior to commencement of work by the Company. The cost for a major cleaning does not include carpet, drapery, upholstery, bedspread or bed pad cleaning. Owner agrees that the Company may have the carpet and furniture cleaned as is necessary n n t e Company's sole discretion, to maintain the Premises in first class rental condition and that the Company may bill the Owner's account for the cost thereop grgvided, however, that such cost may not exceed $250.00 per cleaning without the Owner's prior approval.�,Window washing will be performed as required and billed to the Owner in accordance with rates in effect at the time of the service. 13. Equipment and Furnishings: The Owner agrees to maintain the Premises and furnishings in a first class rental condition, and to maintain a complement of equipment as set forth in Schedule B, which standards list may be amended each year on or around the date Owner is required to terminate or renew this Agreement. Separate from the items set forth in paragraph 14 below, the Owner agrees the Company may replace missing or no longer usable items, in the event failure to replace or repair would adversely affect a guest's stay. The Company will then charge Owner's account for such costs. No more than $100.00 will be spent on these items at anyone time without first notifying the Owner. 14. Small appliance/household item replacement/creation of Owners' fund: When becoming part of the Company's rental program, Owner will bring all necessary inventory items to par, consistent with Schedule B. Thereafter,the Company shall replace all small appliances (toasters,blenders, etc.) and all small household items to a maximum of$35 per item. These items may include blankets and pillows, clock radios, other small appliances, ordinary light bulbs, dinnerware and so on. The Company shall maintain inventory to cause replacement of these items on a continuing basis throughout the year. Payment for these items shall come from the establishment of an item replacement fund. This fund will be maintained as set forth in Schedule A. Any portion of a fund not spent in one year shall be rolled over for the next year. The replacement fund shall be for the benefit of the Owners only and proceeds will not be shared by the Company in any way whatsoever. All work orders, replacements, or changes, whether or not billed to an Owner, will be reflected in each of the Owner's reports. 15. Maintenance: Owner recognizes and agrees that the Company's obligations are contingent upon Owner maintaining the interior of the unit in first class condition, including without limitation, the maintenance of furnishings of a first class quality. Owner acknowledges that the Company is not responsible for replacement, repair, restoration, or redecorating of the unit or the furnishings and the personal effects contained therein except as otherwise provided in this Agreement. The Company may perform repairs and maintenance as it deems necessary at a per hour rate listed on Schedule A plus itemized costs of parts and materials, not to exceed $150.00 per task, without Owner's approval. In the event of maintenance items above such amount, Company shall notify Owner of the necessary repair or maintenance item, and Owner shall approve work contemplated by the Company. - - Accordingly, maintenance services will be billed pursuant to a fee schedule determined each year at the association meetings. In the event, Company is required to contact, work with, and oversee third parties and the maintenance charge exceeds $400.00, Company shall be compensated for its efforts with a 10% administrative fee. In such event Company will supervise, perform administrative tasks, and perform a final check or follow-up on the work performed. Where the Company performs maintenance or repair services, traditional time and materials charges will apply. Where Owner desires to contact, supervise and oversee such tasks, including the payment to third parties,no administrative fee shall be applicable. Notwithstanding the dollar limitation above ($150.00), Company may cause a repair to be made if an extreme condition exists which requires immediate attention, and the Owner can not be notified timely of such circumstance. Extreme conditions may include imminent danger to a guest,potential or continued harm to the unit, or potential risk of harm to a client relationship or to the reputation of the Company. The Company shall hire, supervise and discharge all employees and third parties required for the operation, maintenance and repair of a unit and may perform any of its services hereunder through such employees, agents, contractors, and subcontractors as it deems proper. The Company shall not be responsible for the acts of outside entities, their negligence or default, so long as the Company has not been negligent or engaged in willful misconduct in the performance of its duties hereunder. 16. Refunds: The Owner agrees that the Company may offer a guest a discount in the event of a failure of the heating or other systems, or a major appliance, which cannot be repaired (or replaced) within twelve (12) hours of notification of failure. The Owner understands and agrees that any guest may be transferred to another rental property if such discount or accommodation is unacceptable to the guest. In the event of a transfer, the Owner shall be credited with a pro rata share of the rents earned from such guest, the balance being credited to the owner of the unit to which said guest is transferred. While a year-round Maintenance Department is maintained with a goal of a forty-eight (48) hour maximum service period, the Company makes no representation that it is capable of providing major repairs on such basis in all circumstances and hereby advises Owner that failure of the type herein discussed may periodically cause a loss of rental income. 17. Transfers: Guest transfers, as the result of dissatisfaction of the guest, are to be made at the discretion of the Company. In such event, Owner may suffer a loss of all or part of the prospective rental income. 18. Compensation of Company: For its services hereunder, Company shall be compensated as follow: (a) For all daily or weekly rental revenues received by the Company, a commission equal to thirty-nine (39%) percent of the rental rate charged, net of pooled travel agent commission and credit card charges, as set forth in Paragraph 22 below. Included in this commission payment by way of illustration, and not limitation, shall be all expenses for: marketing/advertising; promotion; collateral; linen and terry (up to $15,000 per year for all units managed); laundry; room amenities; rental guests' housekeeping services; housekeeping supplies; administrative fees, front desk and reservation systems; and rental accounting services. (b) For long term rentals (2 months or more) the Company shall receive a commission of fifteen(15%)percent per month. (c) A monthly management fee of$68.34 per month. This fee covers access to office services such as: concierge services to owners and guests; bellmen; an emergency on-site resident manager; unit accounting; a weekly unit check; bill paying services; over sight of unit; and acceptance of items such as Fed Ex, small packages, etc. This fee shall be increased as of 9/1/02 and on the two (2) year anniversary date thereafter based on the increase, if any, in the Denver Consumer Price Index, from the time of the earlier adjustment date to the new adjustment date. 19. Owner Housekeeping Charges: The Company shall make arrangements for maid service, linen and terry provision and cleaning, cleaning services, amenities and supplies, all as may be necessary to service the Premises. Housekeeping services and supplies shall be made available to Owner at rates competitive to those otherwise available in the City of Aspen. Charges to Owner for these housekeeping services and supplies are set forth in Schedule A. (a) General Housekeeping: Housekeeping charges will be dependent upon usage and type of service requested. Refer to Schedule A for a description of the services and the billing of each that are available to Owner at his or her request. (b) Pre-arrival Cleans. Owner shall have the right to choose pre-arrival cleans, and the extent of a cleaning, on an arrival by arrival basis. Owner recognizes that, in some instances, a departure clean may have occurred many days, or weeks, before an Owner's arrival. The Owner may request the unit to be re- cleaned before arrival or have some additional items accomplished (i.e., window washing, vacuuming, dusting, etc.) At Owner's election, Owner shall be billed for services as set forth in Schedule A. �t 5 20. Working Capital Deposit: Pursuant to statutory requirements under Colorado Real Estate Law, the Company is only able to make payments on an Owner's behalf from Owner's designated account. Company is not allowed to make payment from other sources of funds unless Company makes a loan to Owner. Accordingly, a working capital deposit of $500.00 must be provided by the Owner so that the Company may contract for and, as applicable, make payment in respect of utilities, repairs and other services necessary for proper management of the Premises. The Owner's working capital deposit shall be returned to the Owner by the Company within thirty days following termination of this Agreement. Owner agrees to maintain this working capital deposit and authorizes and directs the Company to withhold from any funds otherwise due Owner an amount sufficient to maintain the full amount of the working capital deposit. If Owner funds are insufficient to replenish this deposit requirement, Owner shall provide necessary funds within fifteen (15) days following written notice from the Company of such deficiency. Late charges of 18% per annum may be imposed thirty (30) days from the billing date for late payment of amounts due. The Company may consider any deficiency lasting more than sixty (60) days from written notice as a breach of this Agreement and Company may elect to cease offering services herein described until such breach is cured. 21. Discounts: The Owner authorizes the Company to offer temporary and special rates to guests and expressly waives notice of such changes, so long as a discount does not result in a greater than 25% discount from rack rate to the Owner. In the event, a discount of greater than 25% to the Owner's commission is considered, the Company shall require approval from the Owner before offering such rate to a prospective guest. The Company understands one of its obligations to Owner is to maximize revenue and shall do all that is prudent pursuant to such objective, to maximize the rental income achievable during the different seasons of the year. 22. Commissions and Credit Card Charges: Commissions paid to Travel Agents, Tour Packagers and other providers of business, together with credit card commissions, shall be pooled each trimester and allocated to all owners on the rental market that trimester as a percentage of rental income received for that period. In other words, if rental income for all units is $500,000 during one trimester and total commissions and credit card charges payable is $10,000, each unit owner would bear a 2% charge against his or her rental income for such trimester. By making this item a deduction from gross income before commission payment to Company, Company shares in its prorata percentage of the payments of these expenses. 23. Lease Agreements: For all long term rentals (two (2) months or more) the Company may, in its sole discretion, prepare for execution by the prospective tenant a Lease Agreement. The Owner reserves the right to review and approve the terms of the Agreement. 24. Liability& Insurance: N3� (a) Owner ants at its own cost and ease at all times d 'ng the term o s Agre ' ent, to defend d save e Company, its empl ees or gents, free, h ess d indemni d m all ' jury, loss, clai or dama (including reasona a attome s' fees and di urseme ts) to any erso o } pro erty arising m, related to or in connectio ith the use and occup cy of the remises Provi ed, ho ever, tha nothing containe in this par aph shall be nstrue to indemni the ompany, its empl or agents from and ag ' eir negligent acts, omis ' ns, or willful misconduct. (b) Owner shall store his or her personal property in the Premises at his or her own risk. Barring negligence or willful misconduct, the Company assumes no liability for loss or damage to the Premises or the contents located therein. (c) The Company and its agents or employees shall not be liable for any loss or damage to the Premises or to equipment, furnishings, or appurtenances thereto resulting from any accident or occurrence in or upon the Premises or the building of which it is a part, including, but not limited to, claims for damage resulting from: (i)Negligent or willful action or omission of guests or their invitees, provided Company has used reasonable efforts to recover resultant damages from the guest; or 6 J "�- '-•{ r L = r�� : 1.'�"� ,�. �,�.�S„- :�-� cwt.. c3-�+/� •rl� C� �l— t^ �! �s Joss Ck G-e W.r e C -er�z Gtr S 7 'F 9 t 1 lot (ii) Injury done or occasioned by wind, rain, snow, storms or other elements; or (iii) hefts, vandalism, fire or acts of God. t` ) ,P,o�,r�T� (d) Owner shall be responsible for procuring and maintaining at his or her wn cost and expense a combined single limit bodily injury, public liability, and property damage coverage It is suggested that the amount be not less than Three Hundred Thousand and No/100 ($300,000) Dollars for each such occurrence or such greater amount, as he may deem necessary. The insurance policy shall contain Endorsement H033,which protects the Owner during such period when the property is rented to others. 25. Set Up Procedure: Owner and Company acknowledge that prior to entering into this Agreement, the Company shall perform an evaluation and inspection of the Premises to determine its suitability for acceptance into the management program. This inspection may be required of all newly constructed units or existing units not presently in Company's rental management program. T.Ii ne- _ s me p'PY r �*'n° � s+hro An employee of the Company will meet with the Owner, explain the Company's rental program and services, inspect the Premises, making certain the Premises contain all inventory required, and cause the housekeeping department to outfit the Premises with the appropriate bed linen and terry. Thereafter the Company shall be the contact in charge of all that occurs within the Premises and shall be the liaison between Owner and third parties providing necessary services. herein. The cost of re-supplying bedding and towels shall be done at the cost of the Company as provided 26. Notice: All notices shall be made in writing and mailed to the parties as follows: If to Company: General Manager Aspen Lodging Company, LLC 747 South Galena Street Aspen, CO 81611 LA If to Owner 6 27. Management Trustee Bank Account: As required under Colorado Real Estate Law, all money received by the Company for the rental of Owner's Premises shall be deposited into a trust account in a financial institution where deposits are insured by the Federal Deposit Insurance Corporation. Interest earned, if any shall be credited to the Company. The Company, from time to time, shall draw thereon for any payments to be made as intended by this Agreement, including Company's compensation. 28. Sale of a Unit: Owner agrees to notify the Company in writing when the Premises is going to be listed for sale. The Premises can not be entered when rented unless agreed to by the rental guests. All brokers and salespersons showing the Premises for the Owner shall be required to contact the Company's office to obtain access to the unit. As set forth in Paragraph 11 above, the Owner agrees that upon a sale, buyer shall be subject to all confirmed rentals arranged by Company that can not be moved without detriment to the Company, the guests or any relationship thereof. Other than this requirement, buyer shall not be required to enter into a rental agreement or non rental agreement with the Company once he or she has become the owner of the unit provided for herein. The Company shall be notified of a pending sale before closing, in writing, and the Owner shall notify the buyer of the Company's relationship prior to closing. The Company, through its affiliate, is a licensed real estate broker and prefers listing units for sale for those properties managed by it. Company is a member of the Aspen Multiple Listing Service and Aspen Board of Realtors. However, Owner is not required to list his or her unit for sale with Company solely by virtue of entering this Owner's Rental Management Agreement. i 7 �' 29. Governing Law: Miscellaneous: This Agreement has been executed and delivered in, and shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. Invalidity of any part of this Agreement shall not affect the remainder. The invalidity in whole or part of any covenant, promise, condition, term, undertaking, or any section, subsection, sentence, clause or any provision of this Agreement shall not affect the validity of the remaining portions thereof. This Agreement, subject to the provisions of Paragraph 11 above, shall be binding upon and inure to the benefit of the Company, its assigns and successors-in-interest, and to the Owner, its assigns, successors- in-interest, heirs, executors or others seeking to stand in the place of Owner. 30. Entire Agreement: This Agreement and the Schedules and Exhibits hereto, if any, constitutes the entire understanding between the parties as of this date and shall not be modified except by a written document signed by the parties, or as otherwise provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first above written. COMPANY: Aspen Lodging Company, LLC General Manager / OWNER(*):. I .�• 3.-��.A-�--^�, f ��.. .� BY:� -:h. cs�3) 3 ►_�-,�y trs��� ay7 -oe,­71 Signature (1uqaer Home Telephone Office Telephone S iti:4 Ies�#** BY: Signature Owner Home Telephone Office Telephone Social Security# BY: Signature Owner Home Telephone Office Telephone Social Security# BY: Signature Owner Home Telephone Office Telephone Social Security# * If the Premises are owned by more than one person, all Owners must sign and one person must be designated as the single point of contact with the Company. ** Federal I.D. number or Social Security number. 8 EAST*WEST RESORTS ASPEN LODGING COMPANY OWNER INFORMATION RECORD In order for our records to be complete and for us to be able to contact you at any time in case of an emergency,please fill our the form below: Check the address at which you prefer to receive your mail/email/phone calls: Home: 6 1 O 1�7�_ �'t- �•c� Mailing address City State Zip Home Telephone: 7 7 ci a Home Fax: Home email: !ti'►c ct-D t-• Business: S a -- Mailing address City State Zip Business Telephone: 7 `f� 7 C X� 'a--7 Business Fax: Business Email: S Q AL-&E ER: \31 I 7 4 8 Co-Owner information: Thank you for your time and it will be a pleasure serving you! I 9 Schedule A I. Frie d of O admini tration fee A. $ .00 per ni for the erio June 1 - st 31. B. $30.00 per night e period e ber 15 - pnl 1. II. Maintenance labor charges. A. The hourly rate for ALC maintenance employees is$26.00-$39.00. B. The hourly rates for non-ALC maintenance personnel and professional Contractors are$28.00-$60.00 per hour,depending on the scope of work and the contractor involved. C. All maintenance charges will be on a time and material basis unless specifically agreed to by the owner and ALC,for small projects,before commencement of the work. D. Minor maintenance charges: 1. ALC will not charge for minor maintenance items of less than 1/2 hour that have no material charges pertaining to the work order. 2. Minor maintenance items include,but are not limited to such things as hanging commonly stocked light bulbs,plunging plugged toilets,and flipping circuit breakers. III. Housekeeping Services. A. All owner and owner-guest housekeeping will be charged on a time plus materials basis. 1. The 2002-2003 hourly rate will be$26.00 per,housekeeper and$28.00 for housekeeping supervisor inspections and administrative fees. 2. An itemized linen and supplies price list can be obtained by contacting the Housekeeping Department. B. Types of Services: 1. Departure cleans 5. Towels,Trash&Beds 2. Midweek(change)service 6. Pre-arrival cleans 3. Daily service 7. Owner hourly(specific list) 4. Towels only 8. "No service" C. Owners and owner-guests can choose service from the above list for each day of occupancy. D. To ensure adequate staffing,housekeeping requests must be made at least 24 hours before service. IV. Annual and bi-annual deep clean prices. A. Studios - $210.00 F. 2 BR/3 BA - $310.00 `� «►:� ��" B. 1 BR/IBA - $270.00 G. 3 BR/2 BA - $350.00 C. 1 BR/2 BA - $288.00 H. 3 BR/3 BA - $410.00 �:�}e- D. 2 BR/1 BA - $280.001. 4 BR/2 BA $400.00 E. 2 BR/2 BA - $300.00 J. 3 BR/den/3 BA+$440.00 ,Y V. Monthly Individual Unit Management Fee A. Rental Unit:$68.34 B�=Nf' Rat 1 eTzae• Q�-rv7 00 VI. Item Replacement Fund: $5.00 per rental night "30 U er Poo sIr-a.-S Note-Aspen Lodging Company reserves the right to modify this Schedule from time to time after giving thirty days prior written notice of such changes to each of the owners affected. Effective 03/03 M �Y 10 SCHEDULE B REQUIRED UNIT INVENTORY RENTAL OWNER I. Aspen Lodging Company requires the following items in all units placed on the rental market: A. 19" color TV with remote. B. Microwave. C. V.C.R. D. Telephone. E. Dishwasher. F. Refrigerator. G. Iron &Ironing Board. H. Alarm clock/radios for all bedrooms. I. Stereo with a tape CD . J. At least 1 humidifier. K. 15 hangers in each closet. L. One extra pillow and blanket per bed. M. Vacuum cleaner and extra belt. N. Fire extinguisher. O. Kitchen inventory-list: Studio 2-bdrm 3-bdrm 4-bdrm 1. Glasses Water,wine,juice 8 10 12 14 2. Dishes Dinner plates, saucers, bowls, cups, small plates 6 8 10 12 3. Silverware Knife, fork, salad fork, teaspoon, tablespoon 6 8 10 12 4. Pots &Pans full set includes: 10"pot & lid 2 size sauce pans w/lids 13" x 9" baking pan Broiler pan 2 size fry pay w/lids 5. Miscellaneous: _ Mixing bowls _ 2 Corelle bowls — Corelle platter Tea kettle _ Big fork _ Cutting board — Water pitcher _ Pancake turner _ Electric can opener _ Paring Knife _ Mixing spoons — Measuring spoons Potato Peeler — Colander _ Salt &Pepper shakers _ Butcher knife _ Coffee Pot _ Measuring Cup _ Corkscrew Toaster — Serving spoons _ 2 or 3 good "ice" trays na� II. Aspen Lodging Company highly recommends the following items to maximize your unit's rental potential: A. 19" color TV in master bedroom and secondary bedrooms. B. Telephone in master bedroom. C. Compact Disc player with stereo system D. Ice maker in the refrigerator/freezer. E. Floor fans. F. Vaulted ceiling fans. NOTE: Owner is expected to pay for the initial stock of items for the kitchen, as stocked by the Company. Thereafter,minor replacement items will be replaced by the common replacement fund. 12 R ESORT VEST® COATES I REID I WALDRON • RENTALS.REAL ESTATE.PROPERTY MANAGEMENT March 29, 2007 Douglas P. Brendamour Children's Trust 6105 Park Road Cincinnati, OH 45243 Dear Doug, As per our phone conversation today,you asked that RQI extend your contract on "month to month"bases with ResortQuest due to the fact that you may wish to give a 30 day notice at some point in the future to leave this rental management company. Karen Kelly, General Manager, of RQI has agreed to go on a month to month contract with a 30 day notice for units 350 and 450 at Fasching Haus. Doug agrees that he will give a 30 day termination notice of the existing contract if he chooses to leave RQI for rental. With that termination notice he agrees to abide by all of the Reservation terms and conditions on future reservations should he terminate with 30 days notice as stated in existing contract. With signatures of both parties this is a legal and binding addendum to existing contract on file with RQI rental office. Sincerely, Karen Kelly General Manager Above agreed to by: 3 -z-q , Douglas Brendamour Date: aren_Kelly Date: Aspen:720 E.Hyman Avenue•Aspen,Colorado 81611•Tel 970-925-1400.800-22-ASPEN•Fax 970-925-3765 747 South Galena •Aspen, Colorado 81611 • Tel 970-925-2260 • 800-22-ASPEN • Fax 970-925-2264 38750 Highway 82 •Aspen, Colorado 81611 • 970-925-1500 • 800-952-1515 • Fax 970-925-9037 Snowmass: 16 Kearns Road, Suite 113 • P.O. Box 6450, Snowmass Village, Colorado 81615 Tel 970-923-4700 • Fax 923-4198 ResortQuestAspen.com • ResortQuestSnowmass.com 1 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 January 29, 2004 BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES INCOME: RENT - (SHORT TERM) H352 335 . 00 Tenant: CHOMAN 05/27-06/01 RENT - (SHORT TERM) H351 134.00 Tenant: BROWN 05/28-05/30 TA COMMISSION & CC COMMISSION 60 . 97 SHORT TERM RENTAL COMMISSION 159.13 RENT - (SHORT TERM) H450 1072. 00 Tenant: PENROD 06/12-06/16 RENT - (SHORT TERM) H351 168 .00 Tenant: PALEY 06/16-06/18 RENT - (SHORT TERM) H351 252 .00 Tenant: KEOUGH 06/19-06/22 RENT - (SHORT TERM) H450S 188 . 00 Tenant: POLADSKY 06/20-06/22 RENT - (SHORT TERM) H450S 360. 00 Tenant: MEYERS 06/23-06/26 RENT - (SHORT TERM) H351 67 . 00 Tenant: FATTOR 06/26-06/27 RENT - (SHORT TERM) H352 201. 00 Tenant: WEINER 06/26-06/29 RENT - (SHORT TERM) H450S 643 .00 Tenant: STUBBLEFIELD 06/26-06/30 RENT - (SHORT TERM) H351 75 .10 Tenant: MERRILL 06/27-06/28 RENT - (UNTAXED SEASONAL STAY)H450 0. 00 Owner : BESMAN 06/30-07/02 TA COMMISSION & CC COMMISSION 166 .71 SHORT TERM RENTAL COMMISSION 1117 . 11 RENT - (UNTAXED SEASONAL STAY) H450 0 . 00 Owner : BESMAN 07/01-07/03 RENT - (SHORT TERM) H450 1140 . 00 Tenant: HALL 07/03-07/07 RENT - (SHORT TERM) H352 106. 00 Tenant: OETTING 07/10-07/11 RENT - (SHORT TERM) H450 590 . 00 Tenant: WILLSON 07/11-07/13 RENT - (SHORT TERM) H351 67 . 00 Tenant: GOLINSKY 07/13-07/14 PAGE SUB-TOTAL 5403 .10 1503 . 92 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 ary 29, 2004 PAGE 2 ENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT ## 450 7G BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* )5 PARK ROAD 9CINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES RENT - (SHORT TERM) H352 318 . 00 Tenant: MCCLELLAN 07/14-07/17 RENT - (SHORT TERM) H351 106. 00 Tenant: ANDREWS 07/16-07/17 RENT - (SHORT TERM) H352 134. 00 Tenant: HOWARD 07/17-07/19 RENT - (SHORT TERM) H351 106. 00 Tenant: SMITH 07/18-07/19 RENT - (SHORT TERM) H450S 270. 00 Tenant: GRIMMER 07/18-07/20 RENT - (SHORT TERM) H352 134 . 00 Tenant: HINTERREITER 07/19-07/21 RENT - (SHORT TERM) H351 134 . 00 Tenant: KOPPENHAFER 07/19-07/21 RENT - (SHORT TERM) H450S 147 . 80 Tenant: BAKER 07/21-07/22 RENT - (SHORT TERM) H351 83 . 80 Tenant: FRANCISCUS 07/21-07/22 RENT - (SHORT TERM) H450 444.00 Tenant: INFO USA 07/23-07/27 RENT - (SEASONAL STAY) H450 1425 . 00 Tenant: LUBAR 07/27-08/02 TA COMMISSION & CC COMMISSION 364 .39 SHORT TERM RENTAL COMMISSION 1888 . 07 RENT - (SEASONAL STAY) H450 285 . 00 Tenant: LUBAR 07/27-08/02 RENT - (SHORT TERM) H351 94 . 90 Tenant: BONK 08/02-08/03 RENT - (SHORT TERM) H450S 166. 90 Tenant: KARSTETTER 08/02-08/03 RENT - (SHORT TERM) H352 156. 50 Tenant: SIMONS 08/02-08/04 RENT - (UNTAXED SHORT TERM) H450 0 . 00 Owner : BRENDAMOOR CHIL08/04-08/22 RENT - (SHORT TERM) H450 390 . 00 Tenant: SPANO 08/22-08/24 RENT - (SHORT TERM) H351 61.75 Tenant: DIENST 08/27-08/28 PAGE SUB-TOTAL 9860 .75 3756 .38 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 wary 29, 2004 PAGE 3 a BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT ## 450 ' DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES RENT - (SHORT TERM) H351 84 . 00 Tenant: GONZALEZ 08/29-08/30 RENT - (SHORT TERM) H450S 162 . 00 Tenant:. WAGNER 08/29-08/30 RENT - (SEASONAL STAY) H352 201. 00 Tenant: MULLANEY 08/29-09/02 RENT - (SHORT TERM) H450S 84 . 00 Tenant: LONG 08/30-08/31 RENT - (SHORT TERM) H351 168 . 00 Tenant: THOMPSON 08/30-09/01 RENT - (SEASONAL STAY) H450S 162 . 00 Tenant: SERRANO 08/31-09/02 TA COMMISSION & CC COMMISSION 151.20 SHORT TERM RENTAL COMMISSION 727 .29 RENT - (SEASONAL STAY) H352 67 . 00 Tenant: MULLANEY 08/29-09/02 RENT - (SEASONAL STAY) H450S 162 . 00 Tenant: SERRANO 08/31-09/02 RENT - (SHORT TERM) H351 79. 00 Tenant: NAKAMURA 09/11-09/12 RENT - (SHORT TERM) H352 168 . 00 Tenant: MCNEAL 09/19-09/21 RENT - (SHORT TERM) H351 168 . 00 Tenant: SMITH 09/19-09/21 RENT - (SHORT TERM) H450S 230 . 00 Tenant: BABIUK 09/20-09/22 TA COMMISSION & CC COMMISSION 120 . 89 SHORT TERM RENTAL COMMISSION 293 . 71 RENT - (SHORT TERM) H450S 186 . 00 Tenant: RAND 10/04-10/06 TA COMMISSION & CC COMMISSION 28 . 99 SHORT TERM RENTAL COMMISSION 61. 23 RENT - (UNTAXED SHORT TERM) H450 0 . 00 Owner : BRENDAMOOR CHIL12/10-12/17 RENT - (SHORT TERM) H450 4817 . 00 Tenant: TUPPER 12/19-12/28 RENT - (SEASONAL STAY) H450 2940 . 00 Tenant: KING 12/28-01/05 PAGE SUB-TOTAL 19538 . 75 5139 .69 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 ary 29, 2004 PAGE 4 ENDAMOUR CHILDREN' S TRUST FASCHING HAUS UNIT # 450 `7G BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* )5 PARK ROAD NCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES TA COMMISSION & CC COMMISSION 948 . 69 SHORT TERM RENTAL COMMISSION 2655 .24 '?ENSES: 04/25/03 Work Order Billing WO 43865 18 . 00 Look at project per owner request 04/26/03 Iris Carpet Cleaning 180 . 00 05/06/03 Holy Cross Energy - Electric 4 . 66 04/26/03 UNITED PARCEL SERVICE 6 . 99 05/01/03 QWest 99 . 64 05/30/03 Monthly Management Fee 68 .34 05/30/03 NO CHARGE MAINTENANCE WORK WO 44105 0 . 00 Unjam window for guest 06/01/03 QWest 96 . 85 06/20/03 Mark Batmale-Painting 663 . 73 06/23/03 Monthly Management Fee 68 . 34 07/01/03, QWest 101.48 07/03/03 Work Order Billing WO 44583 - 40 . 97 Pick up boxes, purch packing tape 07/19/03 Work Order Billing WO 44689 32 . 00 Repair broken box springs in 352 07/28/03 Monthly Management Fee 68 .34 08/01/03 Q%est 100 . 60 08/01/03 Packaging tape- 2 rolls from Ace 7 . 80 hardware purchased on 7/3/03 08/01/03 Work Order Billing WO 44871 19 . 00 CLEARED LINE AND RESET DISPOSAL 08/03/03 Work Order Billing WO 45420 19 . 00 REALIGNED FIREPLACE SCREEN 08/04/03 HOUSEKEEPING - CHARGE WO 45233 13 . 00 ARRIVAL SERVICE 08/04/03 Work Order Billing WO 45438 64 .75 REPLACED BATTERIES IN REMOTE 08/12/03 HOUSEKEEPING - CHARGE WO 45210 102 . 80 MIDWEEK SERVICE 08/20/03 Work Order Billing WO 45387 19. 00 STORED BOXES & PRINTED CHEAT SHEET 08/22/03 HOUSEKEEPING - CHARGE WO 45494 137 .15 CHECK OUT CLEAN PAGE SUB-TOTAL 19538 .75 10676 . 06 1 4 1 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 nuary 29, 2004 PAGE 5 y'3BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT ## 450 DOUG BRENDAMOUR, GRANTOR ASPEN COLLECTION 2BR/3BA 4* 6105 PARK ROAD CINCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 INCOME EXPENSES 08/29/03 Work Order Billing WO 45403 9. 50 REPLACED BURNT BULB 08/31/03 Monthly Management Fee 68 .34 09/01/03 QWest 100 . 60 09/17/03 NO CHARGE MAINTENANCE WORK WO 45496 0 . 00 INSTALLED REMOTE AMPLIFIER 09/19/03 Holy Cross Energy - Electric 23 .28 09/30/03 Monthly Management Fee 68 .34 10/01/03 QWest 100 . 52 10/02/03 Work Order Billing WO 45535 108 . 18 FALL MAINTENANCE CHECK 10/09/03 Work Order Billing WO 45788 103 .48 PATCHED WALL, RECAULK,REPL TOIL SET 10/13/03 HOUSEKEEPING - CHARGE WO 45984 383 . 70 DEEP CLEAN 10/31/03 Monthly Management Fee 68 . 34 11/01/03 QWest _ 100 .41 11/19/03 Holy Cross Energy - Electric 10 . 88 11/30/03 Monthly Management Fee 68 .34 12/01/03 10/21/03 Carpet Cleaning 175 . 00 12/15/03 QWest 100 .41 12/17/03 HOUSEKEEPING CHARGE WO 46617 109 . 01 Check out service 12/19/03 Holy Cross Energy - Electric 10 . 88 10/03 Holy Cross charged in error 12/19/03 Holy Cross Energy - Electric. 23 .28 09/03 Holy Cross charged in error 12/31/03 Monthly Management Fee 68 .34 PAYMENTS: 06/12/03 PAYMENT TO 73 . 93 06/02/03 Payment from Owner 202 . 66 $� 07/15/03 PAYMENT TO OWNER 775 . 91 08/14/03 PAYMENT TO OWNER 2852 . 80 09/18/03 PAYMENT TO OWNER 476. 02 ./ 10/16/03 PAYMENT TO OWNER 267 . 26 .,' 01/12/04 PAYMENT TO OWNER 2486 . 92 SUB-TOTAL 19775 .57 19275 . 57 TOTAL 500 . 00 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 nuary 29, 2004 PAGE 6 t3RENDAMOUR CHILDREN'S TRUST DOUG BRENDAMOUR, GRANTOR FASCHING HAUS UNIT # 450 3105 PARK ROAD ASPEN COLLECTION 2BR/3BA 4* "INCINNATI OH 45243 FOR January 1, 2003 TO December 31, 2003 -,UMMARY: INCOME EXPENSES YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE INCOME 19538 . 75 0 . 00 MISCELLANEOUS INCOME 19538 . 75 0 . 00 RENTAL COMMISSION 0 . 00 HOUSEKEEPING SERVICES 6901. 78 6901 . 78 MAINTENANCE AND SUPPLIES 1100 . 66 1100 . 66 MANAGEMENT FEE 441. 68 441. 68 TA COMMISSIONS 546 . 72 546 . 72 ASSOCIATION DUES 1841. 84 1841 . 84 UTILITIES 0 . 00 0 . 00 MISCELLANEOUS EXPENSE 805 .17 805 . 17 PAYMENTS FROM OWNER 670 . 72 670 . 72 PAYMENTS TO OWNER 202 . 66 202 . 66 6932 . 84 6932 . 84 ENDING BALANCE WORKING BALANCE REQUIRED 500 . 00 500 . 00 CUPANCY NIGHTS: Reg Owner O/Guest Comp Total Other THIS PERIOD 103 28 0 - OCc YEAR-TO-DATE 103 28 0 0 131 35 . 9 0 0 0 131 35 . 9 ASPEN LODGING COMPANY, TRUST 747 GALENA STREET ASPEN CO 81611 (970) 925-2260 February 2, 2005 PAGE 2 BRENDAMOUR CHILDREN'S TRUST FASCHING HAUS UNIT # 450 DOUG BRENDAMOUR, GRANTOR ASPEN MNT 2BR/2BA SUPERIOR 6105 PARK ROAD CINCINNATI OH 45243 z� FOR December 1, 2004 TO December 31, 2004 INCOME EXPENSES SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 12 .24 INCOME 33613 . 50 6159 . 00 MISCELLANEOUS INCOME 190 . 99v 0 . 00, RENTAL COMMISSION 11702 . 08 2098 . 92 HOUSEKEEPING SERVICES 1483 . 10 298 .27 MAINTENANCE AND SUPPLIES 2473 . 14 b 26 .49 MANAGEMENT FEE 820 . 08 .yj� 68 .34 TA COMMISSIONS 3608 .16 , . ( 777 . 15 ASSOCIATION DUES 0 . 00 0 . 00 UTILITIES 1215 . 70 101. 68 MISCELLANEOUS EXPENSE 28 . 50 0 . 00 PAYMENTS FROM OWNER 0 . 00 0 . 00 PAYMENTS TO OWNER 12473 . 73 12275. 91; ENDING BALANCE 500 . 00 k +`ec e - WORKING BALANCE REQUIRED 500 .00 t-v ZooS� REsoRTEST.U VACATION HOME NETWORK ASPEN / SNOWMASS December 5, 2005 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2005 INCOME EXPENSES INCOME: Correct 3901 Commission afterTA 1. 35 RENT - ASPEN (9. 6%) H352 74 . 00 Tenant: Gray 11/03-11/04 Short Term Commission H352 28 . 86 RENT - ASPEN (NIT) H450 0 . 00 Owner : Brendamour Chilll/30-12/01 TA COMMISSION & CC COMMISSION '! 3 .46 NET RENTAL INCOME 43 . 03 , EXPENSES: 11/01/05 IRIS QUALITY CARPET CARE _ 180 . 00 STEAM CLEAN 10/29/05 11/16/05 QWEST 11/04 - 12/03/05 39.46 11/30/05 Monthly Management Fee 68 . 34 EXPENSE SUBTOTAL 287 . 80 NET INCOME AND EXPENSE 244 .77 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 149. 84 INCOME 29838 .28 ` 74 0 MISCELLANEOUS INCOME 0. 00 0. 00 MANAGEMENT FEES - 9202 .49 27 . 51 HOUSEKEEPING SERVICES 1377 .39 0 . 00 MAINTENANCE AND SUPPLIES 631 . 15 � 68 . 34 PURCHASES AND MISC EXPENSE 628 .36 '` 180 . 00 TELEPHONE 443 .34- 39 .46 ASSOCIATION DUES 0 .00 0 . 00 UTILITIES 408 . 08 ✓ 0 . 00 TRAVEL AGENT COMMISSIONS 3847 .26 --," 3 .46 PAYMENTS FROM OWNER 0 . 00 PAYMENTS TO OWNER 0 . 00 ENDING BALANCE 94 . 93 WORKING BALANCE REQUIRED 500 . 00 PLEASE REMIT $ 594 . 93 TO MAINTAIN YOUR WORKING BALANCE. 720 E. Hyman Ave. Aspen, Colorado 81611 Tel 970.925.1400 Fax 970.920.3765 1.800.22ASPEN THANK YOU. 747 S. Galena Aspen, Colorado 81611 Tel 970.925.2260 Fax 970.925.3305 1.800.22ASPEN 940 Waters Ave. Aspen, Colorado 81611 Tel 970.925.8450 Fax 970.920.3720 38750 Hwy. 82 Aspen, Colorado 81611 Tel 970.925.1500 Fax 970.925.9037 1.800.952.1515 16 Kerns U., Ste. 113 Snowmass Village, Colorado 81615 Tel 970.923.4700 Fax 970.923.4198 www.resortquestaspen.com www.resortquestsnowmass.com �r RESORT L EST. VACATION HOME NETWORK r` -ASPEN / SNOWMASS December 5, 2005 PAGE 2 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2005 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner O/Guest Comp Other Total Occ THIS MONTH 1 1 0 0 0 2 6. 7 YEAR-TO-DATE 99 62 5 0 0 166 45 . 5 720 E. Hyman Ave. Aspen, Colorado 81611 Tel 970.925.1400 Fax 970.920.3765 1.800.22ASPEN 747 S. Galena Aspen, Colorado 81611 Tel 970.925.2260 Fax 970.925.3305 1.800.22ASPEN 940 Waters Ave. Aspen, Colorado 81611 Tel 970.925.8450 Fax 970.920.3720 38750 Hwy. 82 Aspen, Colorado 81611 Tel 970.925.1500 Fax 970.925.9037 1.800.952.1515 16 Kerns Rd., Ste. 113 Snowmass Village, Colorado 81615 Tel 970.923.4700 Fax 970.923.4198 www.resortquestaspen.com www.resortquestsnowmass.com RESORT VEST® COATES REID I WALDRON RENTALS.REAL ESTATE,PROPERTY MANAGEMENT December 5, 2006 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2006 INCOME EXPENSES INCOME: RENT - ASPEN (NIT) H450 0 . 00 Owner : Brendamour Chilll/03-11/09 RENT - ASPEN (9 . 6%) H450 490 . 00 Tenant : Mat 11/24-11/26 Short Term Commission H450 191 . 10 RENT - ASPEN (NIT) H450 10 . 00 Tenant : Maintenance 11/27-11/29 Short Term Commission H450 3 . 90 RENT - ASPEN (NIT) H450 0 . 00 Owner : Brendamour Chilll/29-12/01 TA COMMISSION & CC COMMISSION 18 . 72 TA COMMISSION & CC COMMISSION 48 . 00 NET RENTAL INCOME 226 . 08 EXPENSES : 11/03/06 Monthly Management Fee 68 . 34 11/16/06 QWEST 11/01 - 11/30/06 38 . 96 11/30/06 HSKP CHGS ASPEN 125. 18 11110106 CHECK OUT SERVICE EXPENSE SUBTOTAL 232 .48 NET INCOME AND EXPENSE 6 .40 Aspen:720 E.Hyman Avenue•Aspen,Colorado 81611 •Tel 970-925-1400.800 22-ASPEN•Fax 970-920-2058 Snowmass: P.O.Box 6450,Snowmass Village,Colorado 81615•Tel 970-923-4700•Fax 923-4198 n_,..,�/1....,. A....o.. ........Dam`.,-t�h.uctCnnavm�cc rnm �..J R.ESQRT UES"1® COATES I REID 1 WALDRON RENTALS.REAL ESTATE.PROPERTY MANAGEMENT , December 5, 2006 PAGE 2 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 -- -- FOR MONTH ENDING November 30, 2006 INCOME EXPENSES SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 434 . 88 INCOME 41587.45 480 . 00 MISCELLANEOUS INCOME 0 . 00 0 . 00 MANAGEMENT FEES 15367 .33 255 . 54 HOUSEKEEPING SERVICES 2500 .96 125 . 18 MAINTENANCE AND SUPPLIES 1938 .58 0 . 00 PURCHASES AND MISC EXPENSE 319 . 69 0 . 00 TELEPHONE 474 . 79 38 . 96 ASSOCIATION DUES 0 . 00 0 . 00 UTILITIES 0 . 00 0 . 00 TRAVEL AGENT COMMISSIONS 2793 .42 66 . 72 PAYMENTS FROM OWNER 0 . 00 PAYMENTS TO OWNER 0 . 00 ENDING BALANCE 428 .48 WORKING BALANCE REQUIRED 500 . 00 _ PLEASE REMIT__$_7.1 . 52_SQ_MAINTAIN_YOUR._WOPY,ING -BALANCE-:--- THANK YOU. OCCUPANCY NIGHTS : Reg Owner O/Guest Comp Other Total Occ THIS MONTH 2 8 0 0 -2 8 26 . 7 YEAR-TO-DATE 131 63 13 0 -2 205 56 .2 Aspen:720 E.Hyman Avenue•Aspen,Colorado 81611 •Tel 970-925-1400.800 22-ASPEN•Fax 970-920-2058 Snowmass:P.O.Box 6450,Snowmass Village,Colorado 81615•Tel 970-923-4700•Fax 923-4198 ResortOuestASnen-rnm Recnrt(lnactCnnwmaec rnm RESORT�UEST® COATES REID I WALDRON • RENTALS.REAL ESTATE.PROPERTY MANAGEMENT December 4 , 2007 Brendamour Children' s Trust FASCHING HAUS UNIT #450 cc Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2007 INCOME EXPENSES INCOME: RENT - ASPEN (N/T) H450 0 . 00 Owner : Brendamour Chilll/03-11/14 Departure clean H450 204 . 00 204 . 00 NET RENTAL INCOME EXPENSES : 11/01/07 MAINTENANCE WORK ORDER WO 86173 19 . 00 ADJUST AND RE-HANG SHOWER DOOR 11/08/07 MAINTENANCE WORK ORDER WO 86163 190 . 00 patch and paint downstr. bdr. /bath 11/16/07 QWEST 39 .25 2 76 . 00 11/28/07 MAINTENANCE WORK ORDER WO 8677 NO HEAT IN #351 OR #352 11/30/07 Monthly Management Fee 68 .34 EXPENSE SUBTOTAL 392 . 59 NET INCOME AND EXPENSE 596 . 59 SUMMARY: YEAR-TO-DATE - CURRENT PERIOD BEGINNING BALANCE 583 . 64 INCOME 43905 .40 0 . 00 MISCELLANEOUS INCOME 0 . 00 0 . 00 MANAGEMENT FEES 16267 . 05 68 . 34 HOUSEKEEPING SERVICES 2375 . 75 04 . 00 MAINTENANCE AND SUPPLIES 1317 . 5 . 00 PURCHASES AND MISC EXPENSE 607 . 339 9 2 :.00 TELEPHONE 475 .36 39.25 ASSOCIATION DUES 0 . 00 0 . 00 UTILITIES 0 . 00 0 . 00 TRAVEL AGENT COMMISSIONS 4038 . 80 0 . 00 PAYMENTS FROM OWNER 0 . 00 PAYMENTS TO OWNER 0 . 00 ENDING BALANCE 1180 . 23 WORKING BALANCE REQUIRED 500 . 00 PLEASE REMIT $ 1680 . 23 TO MAINTAIN YOUR WORKING BALANCE. THANK YOU. Aspen: 720 E. Hyman Avenue •Aspen, Colorado 81611 •Tel 970-925-1400 • 800-22-ASPEN • Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 •Tel 970-923-4700 • Fax 970-923-4198 ResortOuestAspen.com • ResortctuestSnowmass.com i RESORT ZUEST• COATES REMI WALDRON • RENTALS.REAL ESTATE,PROPERTY MANAGEMENT 1' �'cember 4 , 2007 PAGE 2 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2007 INCOME EXPENSES OCCUPANCY NIGHTS : Reg Owner O/Guest Comp Other Total Occ o THIS MONTH 0 11 0 0 0 11 36 . 7 YEAR-TO-DATE 97 70 27 0 11 205 56 .2 Aspen: 720 E. Hyman Avenue •Aspen, Colorado 81611 •Tel 970-925-1400 • 800-22-ASPEN • Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 •Tel 970-923-4700• Fax 970-923-4198 ResortQuestAspen.com • ResortQuestSnowmass.com .�° RESORT UEST® COATES I REID I WALDRON • RENTALS.REAL ESTATE.PROPERTY MANAGEMENT December 4 , 2008 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2008 INCOME EXPENSES INCOME: RENT - ASPEN (NIT) 0 . 00 Tenant : Renovations 11/01-12/01 NET RENTAL INCOME 0 . 00 EXPENSES: 11/18/08 QWEST 40 .46 11/30/08 Monthly Management Fee 68 .34 EXPENSE SUBTOTAL 108 . 80 NET INCOME AND EXPENSE 108 . 80 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 768 . 19 INCOME 39273 .48 0 . 00 MISCELLANEOUS INCOME 0 . 00 0 . 00 MANAGEMENT FEES 16136 . 74 68 .34 HOUSEKEEPING SERVICES 884 .42 0 . 00 MAINTENANCE AND SUPPLIES 275 . 50 0 . 00 PURCHASES AND MISC EXPENSE 210 . 00 0 . 00 TELEPHONE 480 . 55 40 .46 ASSOCIATION DUES 0 . 00 0 . 00 UTILITIES 0 . 00 0 . 00 TRAVEL AGENT COMMISSIONS -38 . 00 0 . 00 PAYMENTS FROM OWNER 0 . 00 PAYMENTS TO OWNER 0 . 00 ENDING BALANCE 876 . 99 WORKING BALANCE REQUIRED 500 . 00 PLEASE REMIT $ 1376 . 99 TO MAINTAIN YOUR WORKING BALANCE. THANK YOU. Z3� Aspen: 720 E. Hyman Avenue •Aspen, Colorado 81611 •Tel 970-925-1400 • 800-22-ASPEN • Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 •Tel 970-923-4700 • Fax 970-923-4198 ResortOuestAspen.com • ResortQuestSnowmass.com RESORT , UEST® ^COATES I REID I WALDRON • RENTALS.REAL ESTATE.PROPERTY MANAGEMENT ;ember 4, 2008 PAGE 2 3rendamour Children' s Trust FASCHING HAUS UNIT ##450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING November 30, 2008 INCOME EXPENSES OCCUPANCY NIGHTS : Reg Owner O/Guest Comp Other Total Occ % THIS MONTH 0 0 0 0 30 30 100 . 0 YEAR-TO-DATE 77 23 5 0 229 334 91 .3 Aspen: 720 E. Hyman Avenue •Aspen, Colorado 81611 •Tel 970-925-1400 • 800-22-ASPEN • Fax 970-920-2747 Snowmass: P.O. Box 6450, Snowmass Village, Colorado 81615 • Tel 970-923-4700 • Fax 970-923-4198 ResortC uestAspen.com • ResortOuestSnowmass.com /^ Reso_ _Quest Aspen*Snowmass & The Inn at Aspen 38750 Highway 82 Aspen CO 81611 (970) 925-1500 01 �Jvember 3 , 2009 Brendamour Children' s Trust FASCHING HAUS UNIT #450 co Doug Brendamour Grantor 747 S GALENA STREET 6105 Park Rd Cincinnati OH 45243 FOR MONTH ENDING October 31, 2009 INCOME EXPENSES INCOME: Rental Income 726 . 00 Tenant : TOMPKINS 10/01-10/04 Clean Fees 204 . 00 Management Fee-ST 145 . 20 EXPENSES : 10/06/09 J & J Property & Landscapi WO 6304 38 . 00 CHECK HEAT 10/22/09 J & J Property & Landscapi WO 6425 28 . 50 DOOR NOT CLOSING-REPLACE BATTERIES 10/22/09 QWEST 41 . 72 10/01/09-10/31/09 10/31/09 PM Fee $/Mo. 68 . 34 SUB-TOTAL 726 . 00 525 . 76 TOTAL 200 . 24 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE r 500 . 00 INCOME 15484 .40 726 . 00 MISCELLANEOUS INCOME- . 00 Q. 00 MANAGEMENT FEES 3848 . 62-'' 213 . 54 MAID SERVICE 4080 . 58 204 . 00 MAINTENANCE AND SUPPLIES 375 . 25 3��.��' 66 . 50 PURCHASES 0 . 00 �e 0 . 00 TELEPHONE 447 . 72 41 . 72 ASSOCIATION DUES 0 . 00 0 . 00 UTILITIES 0 . 00 ql 0 . 00 TRAVEL AGENT COMMISSION 595 .25 0 . 00 PAYMENTS FROM OWNER 0 . 00 PAYMENTS TO OWNER �`'��+��- 6�i36 2 � \ 200 . 024 CHECK ENCLOSED FOR _�----"" Z\ ..: 3-ING BALANCE ¢L, a, 500 . 00 �ING BALANCE REQUIRED Z 500 . 00 OCCUCY NIGHTS : Reg 15wner O/Gue Comp Other Total TgiS MONTH 3 0 0 0 3 YEAR-TO-DATE 37 40 _,.+ 0 8 103 Page 1 of 2 .,,ry 27, 2010 Brendamour Children's Trust Fasching Haus #450 co Doug Brendamour Grantor 747 South Galena #450 6105 Park Rd Cincinnati OH 45243 FOR December 1, 2009 TO December 31, 2009 CREDITS CHARGES INCOME: Rental Revenue 2402.00 Tenant: Stafeil 12/15-12/22 Rental Commission 480.40 Rental Revenue 4464.00 Tenant: Lord 12/26-01/01 Rental Commission 892.80 NET RENTAL INCOME 5492.80 EXPENSES: 12/01/09 Qwest Acct#9709202624 046R 43. 64 Phone svc 12/1/09-12/31/09 12/16/09 The Miners' Building #1028 10.89 Phone battery 12/18/09 The Miners' Building #1028 42.49 Wicks for humidifiers 12/31/09 Management Fee 68.34 12/16/09 Maintenance Work Order WO 130491 32.25 Replace phone batteries-power outag 12/22/09 Housekeeping Work Order WO 129870 185.00 Hskpg-Stafeil-12/15-12/22-CI,Co EXPENSE SUBTOTAL 382. 61 NET INCOME AND EXPENSE 5110. 19 ,- PAYMENTS: ('"� 0.1%2 10 7/ Payment To Owner -` -L1°�81- t O _. 4185.81 PAYMENT TOTAL January 27, 2010 PAGE 2 Brendamour Children's Trust Fasching Haus #450 co Doug Brendamour Grantor 747 South Galena #450 6105 Park Rd Cincinnati OH 45243 FOR December 1, 2009 TO December 31, 2009 ANJI N Owner Statement Page 2 of 2 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE ; 424.38 Gross Rental Revenue 686600 6866.00 Rental & Travel Agent Commiss 1373.20 1373.20 Management Fees 136.68 �° 15 68.34 Housekeeping Services 185.00 1 185.00 Maintenance Service L 322.50 s 32.25 Purchases � ° 74.52 53.38 Telephone 88.29 43. 64 Association Dues 0.00 ; 0.00 Utilities and Insurance 0.00 0.00 Miscellaneous Expense 0.00 0.00 Payments from Owner 0.00 0.00 Payments to Owner 4185.81 4185.81 ENDING BALANCE 500.00 Working Balance Required 500.00 https://secure.instantsoftwareonline.com/OwnerLink/Owners/wfnnAVMAINStatement.as... 8/31/2010 02/18/10 09 : 58 :25 IAS PROPERTIES OF ASPEN, _ V10 . 27 Page 1 Reservations Report For Arrivals From 12/01/09 To 04/30/10 For All Complexes Fol/Elk Last Name/Block Arrival Departure Type Nghts Src Dp Rent ------ --------------- -------- -------- -- ---- --- - ----------- Brendamour Children' s Trust co Doug Brendamour Grantor 6105 Park Rd Cincinnati OH 45243 Fax: (513) 831-9277 FH450 Fasching Haus 4450 52003 Stafeil 12/15/09 12/22/09 ST 7 TO Y 2402 . 00 52053 Lord 12/26/09 01/02/10 SE 7 IN Y 5208 . 00 52054 Leikin 01/09/10 01/18/10 ST 9 TO Y 2248 . 00 52055 Jaslow 01/19/10 01/24/10 ST 5 TO Y 1288 . 00 52056 Brendamour Chil 01/24/10 01/31/10 ST 7 *O N 0 . 00 52057 Powers 01/31/10 02/12/10 SE 12 TO Y 5437 . 60 52062 Brendamour Chil 02/16/10 03/01/10 ST 13 *O N 0 . 00 52063 Finnila 03/02/10 03/09/10 ST 7 IN Y 2605 . 50 52064 Brendamour 03/09/10 03/15/10 ST 6 *O N 0 . 00 53546 McNamara 03/16/10 03/21/10 ST 5 TO Y 2214 . 00 52065 Smith 04/10/10 04/17/10 ST 7 *G N 0 . 00 Total 85 21403 . 10 L ' 7 R , / ' , ^ ^ , x x T-I'xe/zsive Rental�fa^ ���/�8�/���������/ 0is exclusive Kw*o/ kl uo,ucw*n/ ASmvnw / (hmuirmmx rnJ xmorud imo vii� (hermafter mt'cri-ed to its /ht� ' -- ^-- ' ^~ ^^'r^'^^"''"r".`+C.(hereinafter pe/*neum/o lilt,"wnnagv,). uxnvad xOnc its ln|lowz /. [mpkymcn/(if jNjxoqvn The Owner hr:byrmpkys8l(:Noagerits its / i -° l' ho,hmOcr uooudncd the Own:,'s ympe"v lacnwd at .h*aioo8^,referred/nos tile -Pwp"n>'),The Nxoo.gx )unkynccuy*[lie witployrnent Uhis Agrecruent shall atitolliatically lie ruilewed lbr iticcussivu nne-year pCHMIS L-ss canceled in writing ti�v either pari% x least 00 dms prior to tile anniversary dtitc. If'this Agreement is icrininatcd rof any rL lbreclostirc or salt:ofiliv ProlicriV, tiny ildvalicc reservation(s) I'ar tile Property shall I)c1ofig it);N-lanagur to be placed in it similar ;uid like kind propur�y ii*nvailibla, Manager shall inake evcr�y effort 10 irlove said reservation (s) to like accollinloditiall (s), 11" litmever, coniparubk! accominocintions (i�fire 1101 uvailable, o%vner agrecs tq honor said rcscrvittion (s) or iridvmnif� and hol(i l0N|Aohvm (if Manager: During lite iwmu[/hbA��wnuv� UuNunu0�dmUpmvWu �� Oun�z ^i|hrmxa| munngu/xxx ,,piuo ho*im/h:r dv��6e� and dml| o�, the Pmpony bn moo| m s[eu|8*d ill section J.| In du pudbnonnm n/ Uu omon&,mxm responsibilities h,zbyossomod.tile I'viunugordm||hxv*(lie rights.dodm and oNk;xio//o specified|nthis Agmmo:o/. 3.1 Rent Schedule und Policie.%- The Manager shall charsk:a fair.reasonable alld Competitive rent for the Property to,ill xmk1mmw; 's business jod-l/un\ mox/mizcAu rental mxx for ilia Property. The I'vlanicu shall use diliScilce in obtailling Occlipanf-, I'm- tile Property and lit doing so Shall be responsible Ibr the colleclioll of rent, app-licable lx%cs and scmice fees. The -Nianaccr shall plan lilt([operate it suitable rental program including�^'^'^~^'*and promotional operations, `""°'v'"e^""""'ytic . n/mdiUvd or oxpmded hnm time to ihw,. Thc Manager shall um its best vfflntsW market the dwh � �mnl >nrmnv mm±ct 000dhknm nJU oUm� ��mose, d;xU be mspom|h� 6ornU o�Ot�hoos. .es ^|m _m and tum—~��- »nwyvm"xWmIM5.and shrill have tile hl-1111 it,*uvcmt:and enter into rental ourmmcmuuoh6m|ro[O . TeK r'� ,�c�u /|`" right, m establish rates, discount m,cs, ordim�momio�mm )mj�k, 't'Y, 'mu it deems nccmsary, to irmlinize ' � The .' ' will °^°b= policies. °ov"v are /vtennvu to promote mv �/vo�^�m:ow,x» h", h»yonxmit � m all Ovnoom �nuke goodwiUm}d �pcmcogomxo.-ThxO*ne,-mxbomo' that their personal use »iUhr � pleoiud irilic i'vinnugur him,nium0y confirmed ilia unit mapoyo4 guest mkicc m tile lennsn[|NsAgreement. The N'Lliagu, viU rent and pm/"oio other propertics dmUm to Owl o[tko 0pocr's and will in xU inxmomu |rm:l the 0`mvs ,illicdlN,and mnon-,/ill:unit hnpmtki||y --iven similar xiruummmu, xdm. � 3.2 0uhnwnuoccxxd Uooxokoeldng Services and Supplies:The Nuouger shall pmvidt!Um Properly Will)all o:cuao / i mdi 6n o*n���c|oJ|ogmo��o|cno��oqxipn�n/'uvmswnotioo 8xnu k,mMhwnnevmmr�o"dshn`! inake or supervise stich repairs End inainienuncu servicei to tile promises ms may be advisable or uccssuy in order to ruitintain(lie � Properly, Furtzilurc. and 8/mbhhngs <nx Safe and optimal Condition. The tvlumgcr shall pon6ma all soppUosoecossory8v |kv - ocoonqp|Wnnm�/ oi'Um above responsibilities and pay tile cxpenses uo hUml[Grand *upcim*dw /|m Owner, provided that tile ,Manager norces to secure tile prior approval of til Owner for till cxpcndimns in excess oi3500.00 for tiny nnc |mnx except � =u/:""cr repairs. xm tile vpmmouf the Manager such repmm tire necessary tu project tile premises nn,tonm�Onr<nmoinu,in services m the tenants snoUcd �r|o tile rental�ronnvo/. The �amx� ,shuUd`muo for all mn6mu listed o6o'vmoutlined ' in ! ';ohmli ' 33 Inspection: 'File Ntanager:lint[ inspect die Property on a resular basis when unoccupied and make a dMilcnt r:ffnn m p meet the premises against dalliaee by utility fitiltu'e. the elcatents. vandalism, and possible irrctuiurities, which might he icn intrntal to the Property tali[u'r nhwhitur utilities to save on utilities expcn:e. 'Cite i••ianuxer will inspect the Property after each :':nail gar_t for major appliances imd will not inv�nton :dl accessory items or om In rte event of lass. replacement of these item;. I..Ow re ponsibility of the propciiy owner. 3.'l tllarta(t is Insurance: Throughout the term of this Agreeincnt.the Mauu-m agrees to cover Lill the cmillt�yces ot'thr ,w;tnager with adequate NVorker's Compensation insurance,and to carry a L'Otitpreflcosive-general liability insurance policy. 3.5 Record Beeping and Monthly Accounting: The Mi mtger shall provide tilt: Owner,on or nbuut the 2511, day Oiler the end of each calendar month,a statement of income and expenses I'or the property' fat'the preceding calendar nlonlh. Subject In 111c other provisions of Utis A-,.reemetit, any such statement indicating a net credit duc to the Owner shall be ltcconipaniert hV a _itecl: (61. the amount of'Stich credit except the M imiger may maintain n 50� worhfng crtpital bnleutce it) Chi Ctwner s :r count. The tNianager may request of the Owner an increased worlatg capital deposit if the C mns:r's averrige monthly cxpcn;c> r,crrcl this wor4:ing capitaE amount and the Owner agrees to promptly pay the addilit',oal anrqurtl requested. In the event die r pease!: cluu'—able to the Owner exceed the income collected by 111v I Ia lagcr, the Owner agrees to pay the, ,btnnagcr rile cacc�s :mOunt within 10 clays fitilntving receipt of the monthly' statement. The Owner acknowledges that rat interest On wOrLint capitol deposits will go the i`•lanaucr. In Cite event there is nu continuing income clue the Owner and the Owner's cleticit remains unpaid after ;u dit% of receipt of this Statement, there will he a I-I "i. per illomh (I5"t, per minum) intet•est charge added to rile nest ,I:t[ertlt:nt. faller m!Circumstances shall the Manager be (fable to rite Ow•rtcr Rhr any trot as lotit,as the r has acted in good faith in the t ullcction of all rents due the Owner. 3.6 Unpaid E eens,Expenses and Reimbursements: If lies, expenses, nncL'<u rcimburscrnents nr other cosi5 clue to the N-laimucr have beat billed to the Owner but arc unpaid,all such stuns shat{cans!{taw a lien on Cite Omicr's real property duscribctl in this Agreement and the pmonul properly contained Therein. Any such lien shall attach from the date of the rahure ofpayment of the ice, expense,or reimbursement trod tnoy Ile cnlirrced in like manner its mortgage,or deed of trust on real property ur a sccuritV interest in personul property, as appropriate, subsequent to rile recordinjg Of' a notice ar claim thereof. Itt imv foreclosttrr prucccding,the Owner shrill be required to pay 10 the Manager till unpaid fees,expenses. or raimbursaments during the perind of [breclostire including_but not limilcd to costs and reasonable mtortwv,:i fees,nod tilt;Owner and Cite Nluml-cr shill he entitled Lit It receiver to collect the sanlc, fttc rights wid remedies Outlined herein shall be cumttlatfvc and ntathiug herein shall be construed to conatitutc a waiver tit ;throgulion of:Illy rigilt the MOn:tgel.piny have to a personal action against the Owticr or to mechanic's liens. equitable licu5, or t tiler'lien..against tile.owner's property. )tuner's hills Ibr msessmcnis and utilities with respect It, tltc Property shall be paid by Manager 1ron, t'un&,that nary be held bV �ianuge-Lin behalf'of Owner or frorn liutds paid by Owner. Manager retains the right to diicontinuc guying safdl utilities slaotdd Owner maintain a delinquent account with Miuniger for more than sixty(GU'l days. It rift owner ntnintaitts a delinquent account for more than sixty(60)days after the last statement date or is otherwise in breach of this a�rccrnent,the mar►ngt r may terminate this tr:;reenrent upon ten {ItY1 days written notice to rte Owner. (vlanager skull not be responsible lbr the property If utilities are disconuccied for non-payment by the mancr. 3.7 Owner Referral: All full priced reservations proeured by the Owner for his property,or ally other property rtranagcil by the ?�lstnu�=ec,:half be eattintissi0n:tble. 'File Owner shall ri cclvr a IU�o CD tnniission by having, the renter contitct tile.Hanauer. ;wing rile Owner's manic and account number when the reservation is made. All such commissions shall be credited to tile.Owner monthly statement. .t.omigatlons of Owner: During the tarin of this Agreement,tho Owner shall have the rights,duties and obligations as follows: 1.1 Otvuer and Owner Guest Oecupanelrs:Aspen area propcnics tare usually reserved far in advance. 'thus, act insul•c maximum occupancy of each property,the Owner is requester{In notify lviatnger by returning the{iwner's calendar of intended use afthe Property by the fallowing dates: Notificntiott!late Else Period February i April 16-Noveitlber 1: -summer season lilt} I November 16-April 15-winter season on pricer;cpproval or aura•these notification dates,the iirupertY will begin to be reined. Without regard li.the shave nntiticatian 0;rtes. the Owner may use the properly at anytime it is not olhenwisc coriuniucd b} notifying the Nianager.but such usage is sobjrcl s: prier rental commitments. 'file Owner narees to inform the iMilriauur orall Owner or 6\vner-tae<l occupancies and Owner :Iotk:rstaods thin all rentals must go lhroush the tvlanafler, For which the 'Mani'er will be pttid tlic rrnml cninmissitill spccilied in a_i-Cement. the Owner is obligated to pay the lvinnager the contractual rental commission if the Owner rents the propert,. directly. Ckener agrees to be responsibht for all direct and consctlucritial costs and or damauus incurred as a result of htivin;; to move arty rental guest to another property, compensate sttid rental guest tin displacarttent, loss of business or prnlit,or dctnlagci 10 the Manager's reputation,is it result oNvlanager being unable to honor said reservation. clwner acknowledges that the amount of use by Owner.Owner's family and or Ow'ner's gu sts may adversely impact I`lunager's opportunity to rent the Properr:, Owner acknowledges that Manager makes no guarantee, warranties, at•representations a< to ncV mitillcr o('rental nights or antrrunt of rental income to be arrested. Owner shall not permit any person or persons In emcr du Property without prior coordination through the Manager. Nlnnaecr shall not be required it) lz l,: on any verbal or telephone Instructions with respect to any occupancy of•ihc Property by t)wms or Ommrs'.;uesli. vh.., Owner and Owner,•lost~will he subject to the%tittle check-in and check-on,tittles tri?plic:ablr to rental�tucst;. Any deti iatinn I,urn the!,c times must be approved by the ivia lilt ger. '('Ile Uw•nvi,will be responsible Ib•any estri chats loccn•rud by the yl:tn:mm. i,ccause of the Owncre delayed departure. 4.2 Furnishings; '['lie Owner a�.trecs to providC and rllarr1111in the property as a top qualitp reson rental accommodation and ►he NInnager is,ranted the right to make reasonable recommendations to 11 Osvner concerning the cantfilion ol'thc lrroprrlI inciudiltg bur trot limited in furniture• lixtures, appliances. draperies, decor, wall rend ticun coverings. lighting, and related ice like imns. Owiler understands that the lIvianager may elect not to rent the unit should die condition dcicrinrtte below till tvtnua •cr'a siandard 1'or similar units and the Owner bails to Inke corrective nction after written notification from tilt:Manager. Owue 1. acknowledges that 10111ager has esilibhshed it unit ratios; program to insure ►hc quality of rental properties and that the I'ropcl•ty is subject to inspection on a periodic basis at Owner's expenstr In insure compliance with rattan standards. Upon reasunable notice Owner ennuis agree to promptly take%urh steps its lblinagcr deems necessary to bring.the Property up to industry sumdards and tvlaua'ger's guidelfncs as established in the rating system and Property inventor•. 4.3 owner's insurance. Owner shall carry fire, casualty,and liability it st ance on the Property in an tEdquntc cuuount It) Cover any 1111(1 fill losses, casualties, and liabilities lncludirrm''.but oat limited to. properly damage, personal injury.undJOr cleatlr. rind total destruction of the Property. Proof or insurance shnlf be provided by Owner, to 49nnugwr; however, Owner's failure: to prC«'Ide such prour or insurance shall not be deemed it w•iliver of Owners ablictations to maintain such insunrnce. Owner ogre�s to inchrde renters insurance rand loss of rental illeolne. Tile 0mier shall advise the Owner's fimurimcc Carricr'(s) tllal the Ow•tier is rennin., the Premises. The okmer hereby acknowledges that not all insurance policies cover shorHerin or renting or premises, and that tilt: �itlimpr has advised the Owner to discuss the appropriate Insurance covcragc with the Oevner's insurance agent. 'rhe Owner lirnhcr acknowledues thitl in the vvcnt tat the Owner has not obtained appropriatu insurance caverage for short- or lung,-teal renting or the Properly, the Owner may be personaliy liable for claims made against the fawner fu the event oi'loss or dallm-c. Tire Owner shall provide the ytana'_cr with a copy of the Ow'ner's insurance policies. 'ncv.Owner shrill be responsible for tiny and all darnaae:s to their Property or personal property contained within the PrnperEy front w•hatevrr cause. The hlannger will assist the Owner in the pursuit of collection far the reimbursement for any damages, bul the 14nnas±er will not be liable or responsible ror and such damage nE• loss. Beennse 14•ianagcr cannot be held responsible for lost or stolen dents the owner,(tiny wish la secure valunblus in it locked owner's closet or cabinet. 4.4 'Fax identification Number: Owner shall provide: to ivliLimeer a vitlicl tax mcntification number upon cxcciltion ul' this Agreement. 4.5 Utility Billing: Owner shall pay all utility bills pertaining to the Property when due. !~•tanager titi ill, Ul)oEt receipt of Owners written request,pay utility bills for 0%vaer. (t'dic Owner elects to have Manager puy utility bills,the Owner must provide the rManager with suf}icient operating (ands to pay bills; such deposit shrill be refunded to Owner upon termination of This AaeCmenl. Owner is responsible for the transfer or billing for till utilities rind vendor services upoll the tcrminatiun ul'this Agreement. NIauagcnicat Cnlnpensiltlop and Other Fees: AS consideration fur the Mall, ,er'.s service:,pruvtiia d ter in this:\�rcctncnt,Iltc '•Ianaucr:hall receive a percentage of net rental receipts and a ntonthly management lac. .I atct in 5ecli?n !5 nu ell Rentll Cartlmission and Fees: Tlie Chmer agrees to pay thi Miutauer the commission design nut c•ollt:ciel rental rovenuc anti for use of the property, services as nnliined in Paragraph 3:2) rind at;detailed in Section IN. yea rental revenue is defined its grass rental reventie less commission or travel agents, tour wllolmilers, Realtors,credit aril lees;11111 other similar sales Commissions. 'floc Owner acknowlt:dm s that the Ntnnoger has Realtor!;working:u independent contntctornt Who tray provide rental reservations and its such will be paid a cominismoll. 1 be Owlicr acknowicdges that the Nlanager will keep all advance deposit money in an interest bearing mrow deposit accou ll and that all intcresl willed oil thin accomil will eo to the ttMalla mr. The Owner will pay the]vlart:r er the contract commission specified in this ALrecment Kit tenant procured by the ltlanager re-rent.%(lie Owilm Property. j.2 Hourly fees tint]sapplies: 'file Owner agrees to pay the Ivilnager tier all hotsriy work ;t the macs outlined ou attltchcd FAhihit "A" which may be adiusted from year to year with prior notice. The Owner agrees to pap eepcnse incurred by dtv ;►:ma,cr. to"ether with n ten percent (Imm)fee. in providing and mipervisin—g contracted tut itlu services. supplies.materials nail rite like. 'fate Manal, r may hire subcontracturs on tin hourly basis and hill the Owncr at Matnagt r s applianblc hourly billing[illCJ. 5.3 iYlonthly Fee: In luldition.the Owner u reer,to p;►y a monthly I'cC Of _ _tn defray the ends to provide security check.,accounting and administrative personnel during periods of non-rental.The inonihly management Ice allay be aditl- from ;:car to\,car with prior notice, G. Eli;;ht of Access' 'l be lianaaer shall 11avc access to the property during rcasotiabfe hour;us wan} l)c nrccsstuy liar the inspection. maintenance or snaking of emcr;;r repairs. It is(lie.tMariaecr's duly w mpresent tale Olvil r in acquainting them with the rules ::n(i re�;ulatiorls applicable to Ilia prnperay. Entire.•Irrecment: This Agreement contains the entire agreennent of the parties with respect to the transactictns eantcmphued and shall not be modified or(amended except by tut instrument in writing signed by or on behalf(if'till parties herew- provided, however. nothing contained herein 0811 prohibit an addltirntttl.supplciner►ta1,verbal or written agrecmcnt for compensation for the Minas;rr's pca•formanca ofadditional or supplemental services. 8.Sliccessnr or Assigns: This Agreement shall be bidding tlpon the 1131-00 hereto, their heirs,►?ersnnal representtttivcs,successors :old assi;.ras but not upon n pur•cllrtser fol•value of the property imam the Owner. 9, stile of Pritpel•ty: "file Owner aurccs to notif} the tNlanager in uniting belilre the unit is listed for sale. In llat:event ilia property is sold or leased with all option to purchase during ilia term of this agreement, tills agreement shall terminate upon final t osin�, p;lvIlicnt of the balance due the numaper and subject to all confirmed rentals, 'fhe Owner itgrces than any sale contract or lense option shall he-subject to all confirmed reservations and thin the cantrncl for solo shall hints purchaser to honor all conlirmetl reservations, fn the event that the Owner(loos not hint] the purchmiser it,Stich rentals.the Owner shall ha liable I'or all cx}ICIl.1'CS, damages.claims and tosses ineun•ed,including attorneys'fees, us it result of any failure to honor these rentals. The Manager shall use reasonable elTort to move reservations whenever possible, but will 1101 naova a c0nlirnlctl gliv5I if the move twill he detrimental no die tcsa or company. The Owner will notify the iviann-er in writing prior to closing oi'the intended CIO. date 111(1 wIH }ray ;:m•balance due the Manager prior to closing including the contractual working capital deposit. iti. Prrnnotional Use: The Manager shall hilve talc lisC of ilia Owner's Propei-ty Ipr promotional ptil•p05e5 at tan charge lbr a immimunt ofseven days in any twelve-month period. In every case,paying reservations and the Owner's List:shall ittl:e precedence over such promotional use.All expenses related to such proinatiollal List:shall be paid by the Illwillgci;lent company, 11, Governing Lnll•: 'this Agreement shall ba governed by and construed and enforced in accordance with the laws nl'the State of Colorado. iu the event of a dispute between the parties arising owl or or related to this Agreement,the parties n_rcv that Colorado shah have jurisdiction over said dispute and ilia venue shall be Pitkiu County. Moreover. the prevailing party in such a dispute shall be entitled to its costs and reasonable attorney's fags. 12. Witiver: The failure of ativ party to enforce at any time any of the provisions hereof shall 1101 be Construed to be it witiver of ;u1v right ofsuch party thercalfter to enflorce such provisions and C,tell and oven•other provision hereof. )3, Nuturc of the Relutimtship: Nothing in this A1_roemcnt shall cans!intte the Ovoier and the h•htnger pnnners or In any Milliner render either liable for dye obligations of the other unless espressly set forth herein.'ncc Ponies acltrtowltd_c chill the tr)atiuuslrip vstablishtd bl:lwccn them is Lntc in which Prins Properties of Aspen, I.I.C. is acting ns tale i-lattawcr for the rental of tilt C7tvttcr'> property and I'm the perl'omlturee ul'certain fiutctions ancillary to such rental. l.). Indennnity of Mortnger and Attorney's fees Owner ugrces to indcnlnifi•, del*vIld. pr'oicct and hold hllrmlc5s+�hutu_cr Inuu am.and all losses,claims,costs, tlama�,as,cxpeasas,tltnlaads,judgmtrclls or the like,includin_atluntev'S Iccs and other expense!. ell'IitiLUtion.rrensonably incurred in connection with ally chain',1101011,suit ar praccecling to which Manager ton;'becmttc involved by reason of Iluving� been a Manager pursuant to this Agrecalem. 'this indcmnily Shall inclttdc any ;Inc! nil losses or liubilitr incurred or claimed by any person or entity rrom any and all claims lbr damages,expcnsas, lass of proptrn by dual)or udttnvist. illiaq-or damages to property,injury err death to ally person,fi om nay cause W111150 VU esctpt lur tllr wifll'u1 miscunduet s,r grog$ negligence of httunmor, its servants, mprescmalives or empimyecs, 'rhis indenwhy shall sw-vjve tilt cxpirnfion or to nlinotion of this Agreement by any party thereto. I�. C;rnnritics: 'rltc r�U°ncr does hereby acknonlettge that the M.1ringel ones recquest tilt gttcsl to pay a ti,ti°; service lac Lit ct�nlptm;uc the ,+tanager's employees and u1 defnn• tilt N•laminer's cost to provide newspaper delivery'. b,uhrobes. Lill dcnu,nd trans)?artalimn and other set-vices not covcrtd under the tNinnager's fee paid by t11c Qwncs, 'file gruulity is Itul runsidtrctl p:u'1 01,111C _rn<.rtnm rh, ; A. let. Guest Information: The owner ueknolvlcdges that it])guesl infurm;aiun, including guest ndtlrcsses call phone nuutbcrs. will tcmain rn all tinter the property ml'tilt Manager, Llndel' ttrt uiretllll$I.-Incub will file Ninnager be obligated to disclose this exact inli'12'tnatioll to the Owner. It is lrckntltviedged that the Niallm er pav+ the cost to acquire and lnuintaim this Inforatntian I'nr 11 bettelit of t11c Owner;flowevcr.this infornmtinn is used rnr the henctit of the Otvtler only at the manager%,discrctinrs. I 12eeomtnendation of Leg111 Counsel; An attorney for the,Aaaa_zer has prepared this Agreunlcllt. By signing the Ayreemcra. ilia Owner tleknowledges that it has heel)advlsed that this Agrecmcnt I s innpartant lcgul t:oascgncnces 1111(1 hits hued the nppnrlunit}' al consult wit legal,lax or other counsel before signing this Agrctmcnt. Accordingly.in the event ally claim is tnnde by any pl+nv relatin to rue}'conflict,omission or atnblguity in this Agrectncnt,1lm 1}re51111111t1On Or bilydati of praal'or pt'rT1laSlnn 511,111 be ilttl111t'll by virtue ml'the t'tict that this Mi- enlem wos prepared by on attorney for the tMommUr. I'crsonnl Gunnultce: Fur _mod and valuable consideration. the undersigned jointly, severally, primarily• and ralcolldidenally guarnntce the IaFI liod timely perl'onnance of all Owllr:)";covenants,tent;and agreements tinder the Agrecmem amt;ICrcc 10 pnv 1111 fees anti costs and other mnollnls to be paid by Owner h,:rcundrr.and to pity all dttmuges.costs or other liabilities incurred 11y t\lanuger in connection lvitit nny O+vile is dernult under the Agrectncttt. ThI5 is a cuntinuine Guaral'lec anti the obligatiol's of the undersigned sl'all not he atlectcd b} the renewal,ttlmdlfletllit?l1 or a%ttnSlall or Iht :\strcement, nr ally or its terms, ncr shall 1Imatnicer be required to first proceed against Owner under the Aurcumant,Wort: proecedinl:aguinst tilt tmdcrsigncd. under this Gunruuet. undersigned $11,111 jointly and severally be liable I'or and pay the vi onager for ull costs and expcnscs in cnfurcine! 11115 01t,lr,unce, )ncilldin_ allonlev's co' i Mae: 11 tI WITNESS TN ERCOR the ptu•cies hereto hnve executed this n_-Urccnlem o"'the d,ne"I's',at forth above. IMANIAGER: Fr'ias Properties of Aspetl,LI.C. 7.0 Gast Durant Avemle Aspl:n,Colorado 611 (►70.930-2000 tF•vya'.rrltlSpr cry' Uatc: ...,.._. t ls. Short Tei-in Rental Agreement SulnmciiY 4!l`%ofthc net rental reveuuc pEus tt monthly ntnna ement fee.ti1�m, r t�ill��rcwicle: Health club,imc>s. !Airport Iranspontuiun. Comprehensive imcrnntianal and na►ional markeling and hales program. Rental related houselwepili'. labor.laundrT and Applies Itental related maintenance of 9, hour or less (includes key cutting, liSht bulb chutti i 1-i toilet pluming, placing shower duors back on track.vacuum belt repair, Ernest instruction nn appliance operation,lig licnirl" towel racks!. Periodic secta•ity checks when Property is unoccupied. Professional front desk and concierge services, 2d-hour stilt(:7 dn;s per week. Tull free reservations. IN-lunthly accoumnl"state'me'nts. The Owner absorbs their net share of travel agent/wholesaler or realtor referral commissions,net share of credit card fees,major maintenance, firewood,snp%e removal,utilities,owner housekeeping owner laundry and owner Supplies, spring!fall deep cleans and maintenance inspection Checks, carpet and window cleaning, appliance, electrical or plumbing repairs,Aspcn Central Reservations'dues and Cltatnbcr f ucs. 19. Otruer information: In order for nur records to be complete and l'ur us to be able to coutact you al tuty tithe ill case of ettterocitcy,pleusc fill out t1w l'nrtn below. (Pivaw print) `:itne: ____�a ee GTG is �+t�aJ _— Spouse: kluitinU Addretis: 1 �� Q��tt �} _ __CIt}:_ ?{�D� _.,..._...._Male: 01_Zip 1•lunte Telephone: .1 - �.�... ����' 1Vurk'f elcpltnnc: - L_'_.3� -------------_. .__ .__ 5" _.__3� cell: ".--�--- Fax iN`uittbur: � o... a-nail iddruss: G (FVa1 a i{iS . Cow ___...... Plstl ID:SS No,: �l� .' �y 1�4.� Bank Branch Deposit Account co-Owner: Property Inrormatlon: itroperty:\ddru.s:� � S'• ��1PiVlQi `�i I�3�?Ph?G° t7��_,_.__.._.__ 1,ropenyCode:— _ ___. Unh tin.: A)nrm Cm Tcluphuue:_ Code: _ Tulultitone:_ -- Policy: —__— Vendor larormation: Carutakur: Telephon«:.•„__� �prink►t r:_ _,__..___._ _ 'relcphonc: Snuwplow: r_ __ 1'elepltuur: _T__. .. ..... t•lonsel;eepm Telephone: SptVi'onl:_-- Tclephonc •f'elephotic: . ___ Control Pancl:—_- Plumber: Telephone »_ ._._.. .. _ 1 lout'I'ypt:�_•-__•— l.andscupc:_.__._�____.._ _ __..._______. Telephone:�_ _ _-•_-- ExzimlT"A cTIANAGEVIENT FEES 2009 RENTAL UNITS •:• I r>EDR00.4I ,S80 PE'R:11ONTH •:° ?R[-.'D R 0 0A,1 390 PEP, :t-rr'�A�711 •:• 13r c�.ROO,I 3100 PER A-1O:vTl-1 °.• 4 blC:DROOM H O PER NION7W 5 G'EDR00,11 ..S'/20 1'F_'R Af0N711 NON-RENTAL CORE ❖ 1 >jr.;DROOA-1 .S I50 PEI?iwolvTll •:° ? 1.31--'L)ROOA1 $200 PER AVOATH 313EURO0lw $2.50 PER MONTH °:• 4 BEDROOM 3300 PER moNTl1 •:- i RV)ROW1 S 3 5 0 Pr:R A10ATI-I AlON—RENT 4 L NON-CORE •.• 1 BEDROOM .3100 PER AlONTH ,• ? 13EDROOA1 $300 PER A-10MITI :• 3 BE•DRO(M1 3'400 Pr:R AIONTH •e• 4 BEDR00n-1 .S500 PER A10A71.1 •.• 513E1.)ROO:11 $600 Pr.•R.-AlO NT1:1 HOURLYSERVICES: A°C'l:,SGRtf u,S' S 43,00 PER HOUR •<° :1:I1IlA!TF.N;lA'CIs>lF7iiR 11nURs 3 RVICES b (95.00 PER 1-10 b, 110 USEKEE PING SERY1C'f S ,S 38.00 I-"ER HOUR :° �I Dhl1NGSCf�'4T/i'E.1SS1,S7:iNT5 S 70.00 PER HOUR •:• 01 KNER REPREISA'TATIVE 3 80.00 PER HOUR 57�lr%f'iiccoUNmNT5 $ 80.00 PER HOUR •:• CONTROLLER $100.00 PER HOUR PROPER TYAIlINAGER 5100.00 Mr., HOUR •:' GEi%(ER,rf L Al4,;V IGER $165.00 PER HOUR � A S—/" 1'..'�y Owner Rele(tse 2009 Please remember that check out ylme ' 10 ion. A8 late rhwkouts must be thrivu�h theFfont Desk. IJ10 '—n_TT�_- -� --- (),w)ler ...... ,krha/0u* DepurnovDule _________ 0mm/Oimc,Que-/A'ame ,Urhuy0m/r D4mvmeDoa 0onm/Uv,/,,Gxuz/.Nw'v ______________________-- .|oiml Dole 0cpwvm'rDo, N"/c/*O"`/erGnc,/Name Arrived Dare ____________ Depmri/"cWi, //nde/suvd Mmb v/ikifima, bolow. /have/eleloa/11111`///opurt.y.fo/'/anolaoL-p/-forMe(IfIao/ have indicated xb*`u jak Owner Signallf be i�— Uh it RESO UEST VACATION H o m E NETWORK August 2, 2006 Jim Gianulias FASCHING HAUS UNIT #140 747 S GALENA STREET Box 2990 Newport Beach CA 92658-9018 FOR MONTH ENDING July 31, 2006 INCOME E XPEIASES INCOME: 256 . 68 Correct 39% Commission_ afterTrH440 1179 . 00 RENT - ASPEN (9 .6a) Tenant: Tamm 07/01-07/04 11-59. 81 Short Term Commission H440 H4�0 3213 . 00 PENT - ASPEN (9.6%) r Tenant: Bershadsky 07/06-07/15 1253 . 07 Short Term Commission H440 270 . 00 PENT - ASPEN (9 .6%) 07/203a 07/22 Tenant: Bugg 105 .30 Short Term Commission H341 H440 2142 . 00 RENT - ASPEN (9 .6`°) 3-07/29 Tenant: Johnson 07/23-07/29 Short Term Commission H342 100 . 00 RENT - ASPEN (9 .6%) /30 Tenant : Paul o 07/29H_07-07 135. 00 RENT - ASPEN (9 .6a) Tenant: Davis 07/29-07/30 39. 00 Short Term Commission H342 52. 65. Short Term Commission H341 658 .15 TA COMMISSION & CC COMMISSION 3892 . 32 NET RENTAL INCOME EXPENSES : x8 ' 77 07/31/06 HOLY CROSS 06/09 - 07/13/06 68.34 07/04/06 Monthly Management Fee 93 . 51 07/07/06 QWEST 06/25 - 07/24/06 210 .62 EXPENSE SUBTOTAL 3681.70 NET INCOME AND EXPENSE ;a;�.t,Ldene!Urr1 :bpvn,t,a�tilh{I i•t;tt}12�22hp 1,17p02522h4 RE' so ESTE) VACATION HomF_ N'wT1NDRK September 4, 2006 Tim Gianulias FASCHILTG HAUS UNIT #440 Sox_ 2990 747 S GALENA STREET Tewport Beach Ca 92658-9018 FOR MONTH ENDING August 31, 2006 INCOME EXPENSES INCOME: Correct 39% Commission afterTP_ 44 .78 PENT - ASPEN (9.6%) H440 714 .00 Tenant: Beard 08/03-08/05 Short Term Commission H440 . 278.='_6 RENT - ASPEN (9.6%) H440 641 .60 Tenant : Johnston 08/05-08/07 Short Term Commission H440 250 .22 RENT - ASPEN (NIT) H440 0.00 Guest : Brendamour 08/07-08/13 RENT - ASPEN (NIT) H4 4_0 0.00 Owner : Gianulias 08/17-08/20 TA COMMISSION -& CC COMMISSION 114 . 82 ET RENTAL INCOME 756 .88 XPENSES : 08/31/06 HOLY CROSS 07/13 - 08/14/06 51 .25 08/01/06 Monthly Management Fee 68 .34 08/07/06 QWEST 07/25 - 08/24/06 93 .72 08/21/06 HSKP CHGS__ASPEN 13 .00 8/17/06 ARRIVAL SEPVI.CE '. 08/x1/06 HSKP CHGS ASPEN 13 . 00 8/07/06 ARRIVAL SERVICE 08/26/06 MAINTENANCE WORK ORDER WO 77243 9.50 08/30/06 HSKP CHGS ASPEN 112-..00 8/20/06 CHECK OUT SERVICE KPENSE SUBTOTAL 360. 81 ET INCOME AND EXPENSE ' ' 396 . 07 747 S.Galena Street Aspen.CO 816611 t 970.925.2260 F 970.925.2264 www.xsOxreVts.00hi S PT--(,,LVU E S T COATES SID V 'AL.DRON RENTALS.REAL ESTATE.PROPERTY MANAGEMENT October 5, 2006 Jim Gianulias FASCHING HAUS UNIT #440 Box 2990 747 S GALENA_ STREET Newport Beach CA 92658-9018 FOR MONTH ENDING September 30, 2006 INCOME EXPENSES INCOME: RENT - ASPEN (9. 6%) H440 1572 .00 Tenant : Enslow 09/01-09/05 Short Term Commission H440 . 613 . 08 RENT - ASPEN (9 . 6%) H440 1370 . 00 Tenant: Mayer 09/13-09/18 Short Term Commission H440 534 .30 PENT - ASPEN (NIT) H440 0 .00 Owner : Gianulias 09/18-09/24 TA COMMISSION & CC COMMISSION 83 .34 TA COMMISSION & CC COMMISSION 213 . 68 DIET RENTAL INCOME 1497 .60 EXPENSES: 09/28/06 HOLY CROSS 08/14 - 09/11/06 37,78 09/01/06 Monthly Management Fee 68 .34 09/08/06 QWEST 08/25 - 09/24/06 93 .73 09/26/06 WO 77106 - charged to H341 on 8/06 9 .50 stmt EXPENSE SUBTOTAL 209 .35 3ET INCOME AND EXPENSE 1288.25 Aspen:720 E.Hyman Ave.Aspen,CO 81611 Tel 970-925-1100 Fax 970-930-2053 1.800.'.2ASPEN Snowmass:P.O.Box 6450,Snowmass Village,CO 81615 Tel 970-923-4700 Fax 923-44193 www.resortouestasnen.com www.resortquestsnowmass.com ❑ CORRECTED if checked) PAYER'S name,street address,city,state,ZIP code,and telephone no. 1 Rents OMB No.1545-0115 RESORTQUEST ASPEN*SNOWMASS 37523 . 00 546 Mary Esther Blvd Ste#3 $ © Miscellaneous Fort Walton Beach FL 32548 2 Royalties Income (970) 925-1400 $ Form 1099-MISC 3 Other income 4 Federal income lax withheld Copy B $ $ For Recipient PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Medical and haallh care payments number number 84-1509471 558-46-1701 $ $ RECIPIENTS name,address,city and ZIP code 7 flonemployee compensation 8 Substitute payments in lice of dividends or interest This is important tax Jim G1anul las information and is being furnished to $ $ the Internal Revenue Service.If you are 9 Payar made direct sales of 10 Crop insurance proceeds required to file a S5.000 or rnore of consumer return, a negligence BOX 2990 products to a buyer penalty or other (reciplent),for resale o $ sanction may be 17 r k 12 ti tie imposed on you if this income is Newport Beach CA 92658-9018r � taxable and the IRS Account number{see Instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that it H44 0 payments an attorney has not been reported. 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 State/Payer's stale no. 18 State income .S.......................... 4-257.x- ----.......... . $ $ $ $ Form 1099-MISC (keep for your records) Department of the Treasury-Internal Revenue Service ❑ CORRECTED if checked PAYER'S name,street address,city,state,ZIP code,and telephone no. 1 Rents OMB No.1545-0115 FRIAS PROPERTIES OF ASPEN, LLC 3929 . 37 730 E DURANT $ GAO 9 Miscellaneous ASPEN CO 81611 2 Royalties [9 Income (970) 920-2000 $ Form 1099-MISC 3 Other income 4 Federal income tax withheld Copy B $ $ For Recipient PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 hkdicai and haalth care payments number number 84-1541802 558-46-1701 RECIPIENT'S name,address,city and ZIP code 7 Nonemployee compensation 8 Substitute payments in lieu of James and Janet Gi anul i a s dividends or interest This is important tax information and is being furnished to $ $ the Internal Revenue Service.If you are 9 Payer made direct sales of 10 Crop insurance proceeds required to file a 1105 Quail Street S5.000 or more of consumer return,a negligence products to a buyer penalty or other (recipient)for resale tt ❑ sanction may be 11 ag s. 12 imposed on you if Newport Beach CA 92660 this income is taxable and the IRS Account number(see instructions) 13 `Excess golden parachute 14 Gross proceeds paid to determines that it FH4 4 0 payments an attorney has not been $ $ reported. 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 State/Payer's slate no. 16 State income $............................ .............................$..--.................. $ $ $ $ Form 1099-MISC (keep for your records) Department of the Treasury-Internal Revenue Service ❑ CORRECTED if Checked) PAYER'S name,street address,city,slate,ZIP code,and telephone no. 1 Rents OMB No.1545.0115 ResortQuest Colorado LLC 17716 .21 546 Mary Esther Blvd Cut Off $ Pan Miscellaneous Ste 3 2 Royalties Income Fort Walton Beach FL 32548 (970) 925-1500 $ Form 1099-MISC 3 Other income 4 Federal Income lax erilldteld Copy B $ $ For Recipient PAYER'S federal identification RECIPIENT'S identification 5 Fishing boat proceeds 6 hLdical and heallh care payments number number 84-1509471 558-46-1701 $ $ RECIPIENT'S name,address,city and ZIP code 7 Nonemployee compensation 8 Substitute payments in lieu of Jim Gianulias dividends or interest This is important tax information and is being furnished to $ $ the Internal Revenue Service.If you are 9 Payer made direct sales of 10 Crop insurance proceeds required to file a BOX 2990 $5,000 or store of consumer return,a negligence products to a buyer penalty or other (recipient)for resale > ❑$ sanction may be 11 !%M, s� 3 12 � � imposed on you if Newport Beach CA 92658-9018 this income is f � t�-- ��" -s taxable and the IRS Account number(see instructions) 13 Excess golden parachute 14 Gross proceeds paid to determines that It H440 payments an attorney has not been reported. 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 State/Payer's state no. 18 State income 4-25729 $ ................. -------------------------- ....................... $ $ $ Form 1099-MISC (keep for your records) Department of the Treasury-Internal Revenue Service ❑ CORRECTED if Checked PAYER'S name,street address,city,state,ZIP code,and telephone no. 1 Rents OMB No.1545-0115 FRIAS PROPERTIES OF ASPEN, LLC 20104 .40 1- 730 E DURANT $ 01 ® Miscellaneous Q z ASPEN CO 81611 2 Royalties C� Income W� (970) 920-2000 Ow cc $ Form 1099-MISC w cc)F- 3 Other income 4 federal income tax vithheid Copy B MW For Recipient Q u $ $ t-z PAYER'S federal Identification RECIPIENT'S identification 5 Fishing boat proceeds 6 Medic-31 and health care payments w in number number 84-1541802 558-46-1701 w $ $ a RECIPIENT'S name,address,city and ZIP code 7 flonemployee compensation 8 Substitute payments in lieu of James and Janet Gianulias dividends orimcrest This is important tax z information and is o being furnished to cc $ $ the Intemal Revenue Lu Service. If you are 9 Payer made direct sales of 10 Crop insurance proceeds a required to file a < 1105 Quail Street SUM or more of consumer return,a negligence products to a buyer V (recipient)for resale P❑ $ penalty or other o sanction may be z 11 'r "} Sirs 12 s�aa imposed on you if o Newport t Beach CA 92660 i1�F SAP rF g, this income is P r 5.,.,.- s rri REAP -° "� •� �'`'�' � -°'fi --' taxable and the IRS Account number(see instructions) 13 Excess golden parachute 14m Gross proceeds paid to determines that it FH4 4 0 payments an attorney has not been ? $ $ reported. o LU CC 15a Section 409A deferrals 15b Section 409A income 16 State tax withheld 17 State/Payer's state no. 18 State income � ................. ... u$ $ . ............ Z Form 1099-MISC (keep for your records) Department of the Treasury-Internal Revenue Service `_ Written Response to Review Criteria For Variance from the Residential Design Standards Criteria 26.410.020 Dla: "Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it it used in the criteria, the director may consider the relationship of the proposed development with adjacent structures, the immediate neighborhood setting or a broader vicinity as the director feels is necessary to determine if the exception is warranted" Response: The attached proposed window system is best suited for the building and location for the following reasons: 1. Attached is the proposed window system and several alternatives that meet the residential design standards. Clearly the proposed window system looks best and fits in this application. The alternatives would not look very good. I believe the writers of the design standards realized that in a gable application non-orthogonal windows look best. That is the reason they made this exception to the rule "a single non-orthogonal window in a gable end may be divided with mullions and still be considered one (1)non-orthogonal window". If it was not for structural reasons, this whole window system could be designed with mullions. 2. The non-orthogonal window system fits the building design with rectangular tops of the fire chimneys, rectangular side gables of roof, rectangular bracing structures on stairways and angled beams. See attached drawing of the building indicating these architectural features. 3. It should also be noted that this window system is on the top floor above a long roof section of the building which limits any visibility of the window from the street and surrounding area. 4. The window system also fits the area. An adjacent building"5th Ave" is known for its non-orthogonal designs incorporated into its complete building. The adjacent Fasching Haus West building has non-orthogonal designed windows in a similar application, which we understand a variance was previously allowed when that unit was renovated. Criteria 21.410.020 D.l.b: `Be clearly necessary for reasons of fairness related to unusual site-specific constraints". Response: These unusual site-specific constraints exist related to this project: 1. The existing roof blocks/limits the ability to install windows close to the floor of the unit. Note: the main viewing portion of the window must be installed 4 ft off of the floor level of the unit. 2. The railing for the walkway that wraps the unit also blocks the lower view from the windows (also chimneys on the roof blocks lower views). This makes it necessary to have a wider window viewing area as high on the gable as possible because the lower views are obstructed. The proposed design offsets the negative of the viewing obstructions. Given the above it is necessary for reasons of fairness to allow a design which has higher viewing at upper levels. Views are important, especially when justifying the large cost of renovation. '�,f.,,,9 � o S°-� l.�•".►�b`"+J Sys -�,-� C3 Ell I L 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT EXTERIOR ELEVATION 0 0 � o w i 'T FE E io 440/450 FASCHING HAUS EAST CONDO n EXTERIOR ELEVATION D CA}a.►.\.oT� 1 N C w� ..BQ� ti^ - TC, D [ z O ha I o � I i� 440/450 FASCH I NG HAUS EAST CONDO EXTERIOR ELEVATION SCALE: 1/4" -- V-0" �1aI116�IIpuYII,RIN.! ►►:lw,////� �_-, I-I I���I P�111 / Illllllumllll Ryt mlrungl I....gY�ir —, I VIII I E!lAfAi laB® , ,.. •.7� .� lulll�fu ■IuuuYI►q.. �go�dll�oY.�l�lllllq�l, !r„�:�� I�hIIINu► 111101- ,--�—I Qlollp-il @�'�II ItlloRllll �IIB =�q����'ar ... �� � gllll lul 1 Illlu lql VIII Y lnll�ra YIYNIIYIII� I ���1 `t— n I�N INil II I q� d�ll�ol�o. >, VII � !p� L!!pp�� h � � IIw I ����jj III (�Iu �: i�►`�� ®� .I■! w�I Yll I d�� N11116Cg�i� IIIIIIN"►�alg�1NN�II� I1PJlllll�l'CD�d 04' A�_`I ;IRI ollNnmin uu Im1m111 f`(��q�I� tl�IIRItlN ' Fla � il'�Il[iLi �� l p I�u�nnnlpnnnm lyl 1 �xT n�I Immlw nnnn —--! ��IU R nNlnnnn nmm I In nnn —►. '� td�'���'�i1� �I�����ull����l��l�� ��I� ' 1�►�� Illr���I)�'I�I(�II� a �il►_I :�i ►_. __� `!_6 III p ^I y� /.�RIa2UYlb, �..11�=1RIII IIY Nm�ll11 , i �j,��,y3i► IP.&�Q `�"II�II.el�IhlllA imlll��I�■[IIIIIlIr1.0111�1 I 1101.11°i�ll�Oj!III I%`u+'� In I •, p��ullg��� n N ■mu N aS:T.S I u nqu ..u.. �. III 1do ly9 ... a1u .. � •u r—+ r—+nu •.. _ . II ■■I 1�111II�t�.;6.��IDRuI ��I�III���ull{�Vu Ylllllu�ItclolRlR,I�Gllln�6 �•� N � � ���I �IR811VIIN11111��� � � I til�ul6 IIIIIIIVIIININ a'VNllio PROF _. �IIY q br. N�nIIVIVV I. nI SIR o a�:�N�113 iN�IV a��! �'I �Inlll�l�i��l r muuun on1lni �num ur nuhnm Immron �r,nnml I�IIII ® Q'lIII —I I� u i■ II �� I���I�I<��IIIVIi�.I������N��I� 11���6 A '1111�11���������UN mlouuulllnn � umulaoa � iul IuumuolYRiRIIRi�IRI IRUNluoln:e I _ a Application for Zoning Approval from the City of Aspen For Renovation and Reconfiguration of Fasching Haus East Condo Unit # 440/340 and Condo Unit # 450/350 3/24/2011 Application Index 1. Overall Description of Project 2. Deposit 3. Proof of Ownership and Project Street Address/Legal Description 4. Land Use Application Form 5. Signed Fee Agreement 6. Pre-application Conference Summary 7. Applicant Letters 8. Vicinity Map 9. Redevelopment Multi-Family Housing Exemption 10. Residential Design Standards Overall Description of Proiect The owner of Fasching Haus East Unit 350/450 has contracted with the owner of Fasching Haus 340/440 to purchase their unit contingent on being able to reconfigure and enhance the two separate units. The proposed project is to do the following(See drawings enclosed of both original and new proposed floor plans): • Create two (2) new condo units by combining the fourth floor area (450 and 440) into one unit, and the third floor area (350 and 340) into one unit. • The new Fourth Floor Condo (450 and 440)unit will be enhanced as follows: • Ceiling will be opened up and beams will be boxed in. (see attached picture) • Glass window system will be installed overlooking roof towards downtown Aspen/Red Mountain. o New door on Galena side will be installed so the unit has two fire exits from main living area. • New modern kitchen will be constructed in rear of unit, looking out towards window views. • New bedroom and bathrooms will be constructed. • The Third Floor Condo (350 and 340)unit will be enhanced as follows: • Install new kitchen and sitting area. • A double door will be installed and a new large TV cabinet will be constructed, creating a den/living room. • Install all new doors and flooring. • Install quality crown molding throughout. • Create fire and noise separation between the two units by framing in spiral stairs which will exit to common hallway. eti'�NU l__ IHb KJ 3 W htlLiYdl�� Y"'veYn-�afn. �4pr hla Nd t 21-0071 A H t7Jn0 ` WWIR i` 1 � I 0 . � t T e I f " y` - rN anW�; 'lY� V Fib 3_VY �i aria wn i�a rfrd �'�"O•+� UldIN1 I j� f1 - I ' ! mg O C ? -T ! I � J I MLA �■1 _ �- I I IT-3• 5. , IT-06 I BEDROOM DEN 11 I I IV I I I I I I _ I YfD m , I g O WASH DRY 1 n •I � i I I ?L N N I 8 9" I � I I I O o O ED Oo i LIV NG ROOM I I I I F 9-4• I 20'-1 �.. m I � I I I e I �j(/�) KITCHEN 3 r IV 4'- �• I _ _ I 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT FLOOR PLAN SCALE: I/4' t'-p' 1149 S0, FOOTAGE 3•-21* 14 i re DEN BEDROOM :e s l b o o Ta FI •i .. J- in nec KITCHEN BATH 0.i ADOSTING EXISTING 0 BATH +� 14'_11 71 1� BEDROOM m G MON BEDROOM ; q H O P P 340/350 FASCHING HAUS EAST THIRD FLOOR CONDO UNIT • n FLOOR PLAN SCALES 7/4' = 1'-0' ^049 SC, E�piAGE -- L-jil - o Ha!�mf�t,� o - 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT EXTERIOR ELEVATION SCALE: t/1'- 1'-0 1119 50.FOOTAGE 4R, t ,F 3) Proof of Ownership The project involves two condo units in the Fasching Haus East building located at 747 South Galena Street, Aspen, Colorado. The ownership and legal description of the units are as follows. Also enclosed is the following: Unit 1 (450/350) Ownership- Douglas P. Brendamour Children's Trust Legal Description- Condominium Unit 350, Fasching Haus East, a condominium, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794. Proof of Ownership- see enclosed warranty deed dated April 15, 2003. Unit 2 (440/340) Ownership- Jim Gianulias Legal Description- Condominium Unit 340, Fasching Haus East, a Condominium, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at page 794 and amended by instrument recorded March 17, 1975 in Book 297 at Page 142. Proof of Ownership- See enclosed Purchase Contract dated February 21, 2011 to purchase unit contingent on items listed on Addendum B to contract which must be exercised on or before May 2, 2011. Also see enclosed Commitment for Title Insurance Dated February 15, 2011. :I?Y OF ASPS. CITY OF ASPEN 50 HRETT PAID DAB R PAID DATE REP NO. 4,2 .JP NO WARRANTY DEED THIS DEED, made April 15, 2003, Between PASCAL BESMAN and LINDA BESMAN of the County of State of NY,GRANTOR, AND DOUGLAS P. BRENDAMOUR CHILDRENS TRUST, GRANTEE whose legal address is:6105 PARK ROAD,CINCINNATI,OH,45243 of the County of State of OH WITNESSETH,That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the grantor has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell and convey and confirm unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate and lying and being in the County of PITKIN,State of COLORADO,described as follows: CONDOMINIUM UNIT 350, FASCHING HAUS EAST,A CONDOMINIUM,according to the Condominium Map thereof recorded June 26, F 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Ha F June 26,1969 in Book 241 at Page 794. us East recorded c�J I IIIIII VIII(VIII IIIIII III)III 481743 2 SILVIR DAVIS PITKIN CO N II IIIIII III VIII IIII IIII 04/22/2003 04.16P u NT Co R 11.00 D 71.50 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,or in anywise appertaining,and the reversion and reversions,remainders,rents,issues and profits thereof,and all the estate, right,title,interest,claim and demand whatsoever of the grantor either in law or equity,of,in and to the above bargained premises,with the hereditaments and appurtenances.TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever.And the Grantor,for himself,his heirs and assigns,does covenant,grant,bargain,and agree to and with the Grantee,his heirs and assigns,that at the time of the ensealing and delivery of the presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple, and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes, assessments,encumbrances and restrictions of whatever kind or nature soever,except those matters as set forth on Exhibit"A"attached hereto and incorporated herein by reference.The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof.The singular number shall include the plural,the plural the singular,and the use of gender shall be applicable to all genders. IN WITNESS grantor has executed this deed. PA AL BESMAN- — A BESMAN MAN LIND STATE OF A46W'/o/'K I COUNTY OF pirK ss The foregoing instrument was acknowledged before me this A_day of by PASCAL BESMAN and LINDA BESMAN. 2003, WITNESS my hand and official seal my commission expires: Notary Public SETH A.RUTMAN Notary Public,State Of New York No.02RU6061669 Qualified In New York County Commission Expires July 16,202 481743 TRANSFER DECLARATION RECEIVED 04/22/2003 r-XHIBIT"A" 1. Taxes for the year 2003 not yet due or payable, 2. 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 hereby granted and right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent of record. 3. 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 April 13,1964 in Book 206 at Page 436 as incorporated by reference in instrument recorded January 29,1965 in Book 211 at Page 344. 4. Terms,conditions,provisions,obligations,easements,restrictions and assessments as set forth in the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794,deleting therefrom any restrictions indicating preference,limitation or discrimination based on race,color,religion,sex, handicap,familial status or national origin. ' 5. Easements,rights of way and all matters as disclosed on Plat of subject property recorded June 26,1969 in Plat Book 4 at Page 5. 6. Terms,conditions,provisions and obligations as set forth in Letter of Understanding recorded January 18,1996 as Reception No.389215. 7. Terms,conditions,provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as Reception No.389216. 8. Terms,conditions,provisions and obligations as set forth in Easement Agreement recorded January 18, 1996 as 'Reception No.389217. 9. Terms,conditions,provisions and obligations as set forth in Rules and Regulations recorded January 16, 1998 as Reception No.412615. IIIIIIIIIIIIIIIIIIIIIIIIIII 481743 SILVIq IS PITKIN COUNTY IIIIII IIIIIIIII III�I III�IIII 049e. 2 of 2 CO /22/2003 04:16p R 11.00 D 71.50 O N j �j 1 „ r_ n C) c i 17 Roar, 534 E 140,,;a�e A��1rr: '----�" �' PO Box 6699 ..= B j * A D A M S AND COMPANY A=r •,CO 81611 CO CL 81615 Real Estate on Nigher Ground , (971.1)-922-2111 (970) 923-2111 I=�x( 70)920-2927 Fax(970)923-3927 The printed portions of this farm,except differentiated additions,have bee' approved by the Colorado Real Estate Commission. (CBS1-8-10)(Mandatory 1-11) 1 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHO LD CONSULT LEGAL AND TAX OR OTHER COUNSEL 3 BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 (RESIDENTIAL) 7 _ 8 Date: February 21,, 2011 AGREEMENT 9 10 1. AGREEMENT. Buyer, identified in § 2.1,agrees to buy,and Seller, iden'fled in §2.3,agrees to sell,the Property described 11 below on the terms and conditions set forth in this contract(Contract). 12 2. PARTIES AND PROPERTY. 13 2.1. Buyer. Buyer, 'DOUGLAS OUGLAS P. HRMMMOUR CHILDREN'S TRUST l 5 ,will take title to the Property described below as❑Joint Tenants❑Tena its In Common ®Other 16 TM prior to cisiner 17 2.2. Assignability and Inurement. This Contract 0 Shall 0`9h)a11 ldt be assignable by Buyer without Seller's prior written 18 consent. Except as so restricted,this Contract shall inure to the benefit of and be binding upon the heirs,personal representatives, 19 successors and assigns of the parties. 20 23. Seller. Seller JAMBS C. GIANULIAS 21 ,is the current owner of the Property described below. 22 2.4. Property. The Property is the following legally described real estate in tie County of Pitkin 23 Colorado: ' 24 Unit 340, Fasohing Haus East Condamminiums 25 known as No. 26 Faschin Hans #340/440, 747. S. Galena St. en Co ai611! 27 Street Address City State Zip 28 together.vith the interests,easements,rights,benefits,improvements and att® hed fixtures appurtenant thereto,and all interest of 29 Seiler in vacated streets and alleys adjacent thereto,except as herein excluded(Property). 30 2.5. Inclusions. The Purchase Price includes the following items(Inclusions 31 2.5.1. Fixtures. If attached to the Property on the date of this Con Iighting, heating, plumbing, ventilating and air 32 conditioning fixtures, TV antennas, inside telephone, network and c' ial (cable) wiring and connecting blocks/jacks, 33 plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in 34 vacuum systems(including accessories),garage door openers including all , remote.controis. 35 Other Fixtures: - 36 flat-screen and/or wall mounted TVs and high speed Internet access lines if any. 37 If any fixtures are attached to the Property after the date of this Contras such additional fixtures are also included in the 38 Purchase Price. 39 2.5.2. Personal Property. If on the Property whether attached or not on the date of this Contract: storm windows,storm 40 doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods, fireplace inserts, 41 fireplace screens,fireplace grates,heating stoves.storage sheds,and all k ys.If checked,the following are included: 42 11 Water Softeners IN Smoke/Fire Detectors ❑Security Systems ©Satellite Systems (including satellite dishes). 43 Other Personal Property: 44 PREPARED BY:Douglas L Nehasii,Broker Associate CBS1-B-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commissio ReaWASTO Software,02011,Version 6.16.Software Registered to:Michaet B.Adams,BJ'Adanis a Company Buyer(s)_ P� 02121/1117:36.13 Page 1 of 13 Os-aller(s') all appliances, furniture, furnishings, accessories, kitchenware, linen and artwork described on a precise inventory of same, which shall be provided to Buyer on or before Title Deadline and which shall be subject: to Buyer's satisfactory review on or before Inspection Objection Deadline. 45 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except personal 46 property taxes for the year of Closing),liens and encumbrances,bkho 47 n/a - 48 Conveyance shall be by bill of sale or other applicable legal instrument. 49 2.53. Parking and Storage Facilities. 29 Use Only ❑Ownership of the following parking facilities: 50 those appurtenant to Property, if any 51 and ®Use Only ❑Ownership of the following storage facilities: , 52 those appurtenant to Property if any 53 \\1�.%VVkWr ftVWccrW M M&\Tbbs\\MfoYlb\Ahble`gkH�%W&R\Aa`tatM0&-\ 54 — n/a 55 \\?�1a \�idtbr\�i §il�U6AhddJeyb�b�\\ }3hltar�5r3,\3bk\�s��\\\\\\\\\\\�ebH�1 � r\b ?ihizbl�Yagay§tis`ts'tt�eht. 56 \\�.�.NMI\l ty� tb�►�kHUtamkmd hkha Sa'S*64 Whl\whwbv*�Mhi ht1•hdklEb§ris>§tldn\�HolulkilcW�hkH'to 57 `tAe\awta'bb`blaWektle§1Vhh�6\t1�tt. �c`ity\VN�ubZ\t\i�btictl�t'k'�1x1SAtit {�E>\ilr\Wkll 58 \v%sCV\thhwhtjrYtbtY§dltbm »yt+t\&b11\MhNf0\dr\-h 0 lhNhAW*htbj9\$fldtt'gk`ih VMM§li OVbt\1 W\tke 59 \\ v \M nwatw m% kyl vehrlkct+giiatktle\I\`kttA`dtdKUkk3$d'L�iZct��O\►\dflWe'ter\t�hs'o§th lst\ 1�\D lakht'►dtt\bf 60 \\fil+a{ttVhNhh.\1y cb§1(19I,Mbht `�kh§A h&)Fth}%te\a\*1 tibkbhlo'ftiklslt1-RhWhib%\(%t MHbkliy\tj�`titdkdstbf 61 \\�e�islr'a�ibtlV`fl� VCkstokt*hb6c\}lrbyldir\�ltblolskig�ek.\ikak}.hdilstb§tier§Mt'1t MMhba\-Nhk\$tlM�htafl Mth--04hn 62 \\�vkh�tAdbtJ�i§ibi,<\ht111ihb}ott�\§lliyls\dflcrY'llb �\' ,Ii1xeYAlblrh�� 'd['fs n/a 63 \W MMUW*bt\SWck\t A11fidttW 64 n/a 66 Note: Buyer is advised to obtain,from the provider,written confirmation;of the amount remaining to be paid,if any,time 67 and other restrictions for transfer and use of the tap. 68 2.6. Exclusions. The following items are excluded(Exclusions): 69 as noted on inventory described above in S2 5 1 and :nl52 5 2 70 3. DATES AND DEADLINES. 71 Item No. Reference Event Date or Deadline I 44.2.1 Alternative Earnest Money Deadline 2 days after NEC Title and CIC 2 7.1 Title Deadline March 14, 2011 3 72 Exceptions Request Deadline March 14, 2011 4 S.l Title Objection Deadline May 02, 2011 5 §8.2 Off-Record Matters Deadline March 14, 2011 6 8.2 Off-Record Matters Ob•ection Deadline May 02, 2011 7 § 7.4.4.1 CIC Documents Deadline Marrh 14, 2011 8 §7.45 CIC Documents Objection Deadline May 02, 2011 9 G 8.6 Riaht of First Refusal Deadline May 02, 2011 Seller's Property Disclosure 10 14.1 Seller's Property Disclosure-Deadline ! March 14, 2011 \\\\1�1\\1\\ \ Yt\1,\\\\\\\ \\\\Haan\�1 lit�attbky5,deli}•rkb\\\1\\1\\\\\\\\\\\ \\tea\\\\\\\\\\\\1\\\\\\\\ \\\\ \\\\ \ \\\\\\V \\\\$5\\\\\ \ 15kA\\\\\\\ \\\\$,\i§iti dbb�baibiltkb>'►t§Ykb>511itS>\\\\\\\\11\\\ \\tea\\\\\\\\\\\\\\\\\\\\\ \\\\i`b\\\\\ \��►,\\\\\\\ \\\\$x\i§l� �I+.batl,bblslrkbtlt\ •h�t)O`n\)�b�t\,k\\\\\ \\a,�\\\\\\\\\\\\\\\\\\\\\ VIM PREPARED BY:Douglas t_Nehasil,Broker Associate CBS146-14,CONTRACTTO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission RealFASTO Software,02011,Version 6.16.Software Registered to:Michael B.Adams,Bd'Adams&Company Buyer(s) .4/J\V 0212111117:36:13 age 2 o113 ler(s) Inspection and Due Diligence 2-7 § 10.2 Inspection Objection Deadline May-02, 2011 23 10.3 Inspection Resolution Deadline May 04, 2011 24 10.5 Property Insurance Objection Deadline May-02, 2011. 25 10.7 Due Diligence Documents DeliveryDeadline March 14, 2011 26 § 10.8.1 Due Diligence Documents Objection Deadline May 02, 2011 Closing and Possession --27 412.3 Closing Date *Additional Provisions 28 § 12.1 Closing Documents Delivery Deadline 5 days prior to closing 29 § 17 Possession Date closing Date 30 § 17 Possession Time following closing 31 §28 Accept nce Deadline Date March. 01, 2011 32 428 Acce tance Deadline Time 5:00 pm, Mountain Time 33 52.5.2 Inventory Deadline (see §2.5.2) March 14, 2011 34 52.5.2 Inventory Review (see 52.5.2) May 02, 2011 72 73 Note:Applicability of Terms. A check or similar mark in a box mean that such provision is applicable. The abbreviation 74 "MA"or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines 0 3),means that the 75 corresponding provision of the Contract to which reference is made is deleted. The abbreviation NEC" (mutual execution of .76 this Contract)means the date upon which both parties have signed this contract. 77 4. PURCHASE PRICE AND TERMS. 78 79 4.1. Price and Terms, The Purchase Price set forth below shall be payabl I in U.S.Dollars by Buyer as follows: 80 Item No. Reference Item Amount Amount 81 l 64.1 Purchase Price IS 870 000.00 isl;•. :,- 82 2 §4.2 Earnest Mone $ 1,000.00 83 84 85 86 87 88 8 §4.3 Cash at Closing • i i:t........ _ ,..;..: 669 000.00 89 9 TOTAL 870,000.00 S 670,000.00 90 91 4.2, Earnest Money. The Earnest Money set forth in this section,in the form of check/wire (see Addendum) , 92 shall be payable to and held by Pitkin county Title (Earnest Money Holder),in its 93 trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the 94 parties mutually agree to an Alternative Earnest Money Deadline (§3)for its payment. If Earnest Money Holder is other than 95 the Brokerage Finn identified in§32 or§ 33,Closing Instructions signed by Buyer, Seller and Earnest Money Holder must be 96 obtained on or before delivery of Earnest Money to Earnest Money Holder,. The parties authorize delivery of the Earnest Money 97 deposit to the company conducting the Closing(Closing Company), if any, at or before Closing. In the event Earnest Money 98 Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing 99L affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest 100 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 101 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of 102 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§3). 103 4.2.2. Return of Earnest Money. If buyer has a right to terminate this Contract and timely terminates, Buyer shall be 104 entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, 105 except as provided in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate or 106 other written notice of termination, Seller agrees to execute and return to Buyer or Broker working with Buyer, written 107 mutual instructions,i.e.,Earnest Money Release form,within three days of Seller's receipt of such form. 108 4.3. Form of Funds;Time of Payment;Funds Available. PREPARED BY:Douglas L Nehasil,BrokerAssoclate CBS1-6-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission ReelFASTO(Software,02011,Version 8.16.Software Registered to:Michael B.Adams,BJ'Adams 8 Company Buyers) ail) 02/21111 17:36:13 Pa 13 or13 Selleris 109 43.1. Good Funds. All amounts payable by the parties at Ciosing� including any loan proceeds, Cash at Closing and 110 closing costs,shall be in funds that comply with all applicable Colom o laws,including electronic transfer funds,&hNIed t I 1 \\allebh,Asa\�igs�'�tichlb'dtb'!lkk'�sb'h�'aildb�k`c�Sk3itbaA�badlrhtl \ 112 43.2. Available Funds. All funds required to be paid at Closing or otherwise agreed in writing between the parties shall 113 be timely paid to allow disbursement by Closing Company at Closing R SUCH PARTY SHALL BE IN DEFAULT. 114 Buyer represents that Buyer,as of the date of this Contract,®Dog `Ikh V4& have fiords that are immediately verifiable 115 and available in an amount not less than the amount stated as Cash at C�osing in§4.1. 116 \\&1L\AllM134h&k1J1WVe�bh�aMW� hhil1; �aaar���,� �e 11.7 \\tbbk�ttlarltltiy1ea'klc�dsTr> ►aa6`ts�Yal)n\tibailtt`t�tbk3t�,\Ibht't bith�ibtl, ��t�e�'� tls\�ihald�tht��ny\dttlatht`t��H�a>s`SkNer 118 \ s\ �a�\Heb'arise\$t`s��rV �rtbfibNbava�`ta�pldub`tbA\�,\ )o,�bbcllula�bl�y\dtttdr\iieh�b�s't,\dHak �eblsbbr 119 \fit hc�t tkbkbla{t��!`ta tya>5b2�1a1J�flaeZst\br\c?thdr\aYiblJabk\5c�lekbbtl bt h�(adikl bly\S�IIek�Gbb Iast�}�5d1Pek1(,bl�>P� Ion 120 \V'§bkhbdi�ibh'ta�ul ktltla\Sb'tllelth'a� bbd,lo\ at\br�tMh' ttykt\al>;b�1rh �i�ttA3Y�ol��aa\ 11�ek�Cb`nbasbldtt\s�t�ltkt�He\�e�i�taed 121 \\tb�tA�ts#> hi��t�ekh �tta>it `t�#flathrlaJvbckb��Jyb)�'�kr,1t V�ukb'!kb\ev ktlt\silt`nk]�e`lt�kbkbkdst\ hmbt�ttt 122 \\f `6bXlbr\�Sbi►c�e�§t�h'tA�tbJca `tA�l �ebb`F�(I.�{Itbbta`t�d��rhbtklt�tbt\5a 'dtk�slarAb►\(S'fi`13ttyb3t§hl�ih`n��cb\tk. 123 4.5. New Loan. [OMITTED AS INAPPLICABLE] 124 4.6. AsNimption. [OMITTED AS INAPPLICABLE) 125 4.7. Seller or Private Financing. [OMITTED AS INAPPLICABLE) TRANSACTION PROVISIONS 126 5. FINANCING CONDITIONS AND OBLIGATIONS. 127 5.1. Loan Application. [OMITTED AS INAPPLICABLE) 128 5.2. Loan Conditions. [OMITTED AS INAPPLICABLE[ 129 53. Credit Information and Buyer's New Senior Loan. [OMITTED AS INAPPLICABLE[ 130 5.4. Existing Loan Review. [OMITTED AS INAPPLICABLE) 131 6. APPRAISAL PROVISIONS. 132 6.1. Property Approval. If the lender imposes any requirements or repai (Requirements)to be made to the Property(e.g.,roof 133 repair, repainting), beyond those matters already agreed to by Seller ill this Contract, Seller may terminate this Contract 134 (notwithstanding § 10 of this Contract) by delivering written notice to krininate to Buyer on or before three days following 135 Seller's receipt of the Requirements.Seller's right to terminate in this§6.1 s all not apply if an or before any termination by Seller 136 pursuant to this § 6.1: (1) the parties enter into a written agreement reg ing the Requirements; or(2) the Requirements are 137 completed by Seller,or(3)the satisfaction of the Requirements is waived it writing by Buyer. 138 6.2. Appraisal Condition. 139 ® 61.1. Not A licable. This§62 shall note ply. 140 \\Q\ S\ e�'hbbM�ltA \$ktjrblJWab�`tR�.balab�kthitlalak�e Lbh�tb`tbrklih�th�thi��ldo`ttbbl�I\tha'4►tkdhh§bk'iu�e 141 \ :badds�thbY'1ektyb\�alr3atbhlfieklzb'hleldht�bt\dtt�h�&l•b \ \\\\\\\\\\\\\\\\\\\\\\\\Y'ka�a�ilfltn\sbl 142 \\s`h!!1`bb1bJ >kj\13b b4 }gkkbk`nsha�b[+bbb +k�?p�rh)s1tX ilkhbB�� �s�Cloktkhat\SlthK�tilt�t>z`by�&1y1er 143 \\CIe'iitia�it'► `ta`5�eklar\wl�b\,atk�\a�\�e�,b�Iab�,h�t�nat ��a\bad �ba> >i� a���bh\ ctt\�,ate\ >sht\ t�aaat 144 \�cbki'tala?`tA�k) 3ekty�rWf t`ft�attbb\� Vbss\tki'satAe\Rbt�cbfe\R>`ia��rh DI\`5>zNbt\bt\bk�bTt3rb1A 1S[+ni\\ jbatian 145 \\�baT dlht�e\ g\ J,\If\9e`Ilekkibbs\i�bt\t`e2s��rbkbalfi�vkPttbh�nbkitsbb halo`n\dti+bt\bbtbl��Arktsh �adttob\>�ibildlirk 146 147 \\fl\\$,3$\ I?+►1\yip)s\ kbsbhj. road,kt?aklibkifit'tPtsbldia 'atl�hlhbk� �lihbh�kitt `Cb`nbbbt�`t11�I?Irlcl��ar�(�ltyat�lsb�all 148 \\hdt\6e\obi)gltttb\ddtil�la{tz\thh�bl�lty9�hfiltle\iptb�ibilite§c'r)bekt. `cbils�or�tb�iitdilsbhiy\}Iel�'alts'by\fbl�f><}tbt`e\ai\$brlaast 149 \\ivb\tb�\>S ia�sYt>;bkbi}iekl+tsk\tkilekhltle\Aikkndskt\(�d�ek)`Aa`s�Ubk�1 1a�itlltaeo5rlitkkb�fii�Fl.tdtHSJF'lbt�\M\tb111�kt;t\i��1ts 150 `FbMt'al.klttlt>�i1a��Odttltlalskiobbl� nthfi Ve> t'is\Akh�,\dr\ � at\$tk'ldc��tlAnt 151 \\>ewk\, �btfiilt kdrlH,Ihb�a�)Si'ai d\JaYil�ait{hbY�ral\ert�\af�t�alt`l���t S�nU�\\\ \\\\\\\\\' tbWdrhl bt\( eh)�S'1th11 152 \\A�Je�thb�t4kYeb\t\t�clp`tblab`f�kck'ehali�\ ilt#adr3sklrilit�bki�o`F�th + bh�rbdt\t\i�hloltki�ghldto\thb�Irtblthi�aAtlabb t'alsbd 153 \\ lb�t}3tt1�'l�lst�a�i)srla\see\iWa`Itldtbki\i§h)crc3eld\�t�tbl �el�,\t�rle\t'hkhtli ktht\t\ibt�b�e\ihb\DcAakteltibfi'blollkln�b\ttYt�b`an 154 \\Nblb�rlaat\i\drllni`mkt\'e\Iki9�h�labi�J�r4t�rmlf\tlaa\rhlule�r2a`r`th�>tb �ihtlb'1IIe\Ittb�lb�t)c� Ri7t'ck�asek�($kbr}�hat�la 155 \\spa`tfij\A'1a2sb1tlek�eU 'ai\d�btklbahlt�lbatldilvbtlbTtlle\l�rb�b�tj\b bb ble\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 156 \\t�\\h��\�c��Ya��ek�al�e��ry�a�>wee\thht\hbt\ai�h�Ia\,�h,�g\�ny\atrtar\ r� 3oltkb`f`tt�i�`Cb1tb'atbt�ltk\Ittkbh' ehdy�e`c�fiHaYl\rlot 157 \\thblzt\'at1�\�ilztlrlllg\b�\`fbt�fbittkb \15arlab�t\t4lb3ab�\bhb'tlfdrZvYs'e\at\a bhk�ata�`ta�Cbht���tb`thd�tc'hZsfi`►He\ltiw?pbhty 158 \\bes ib kb Vf`th&Cobhbht\RdtbhUste\13 b6k\di'ebtsds\ ttita§tktlthk\�Alhhb`fWa 'by\t'he 159 \\19h11>Irkltbr?tb`f\1�btblatst�\�fiihtl�' `hbatb�br\(` d�bh)\ski'aN�lld� 14Wn4h\lk\�rldik�gb`alaNb��ibtlblil�ckbdib�Wilh\t'kte 160 \\achkhtl� a`tibia\dflth�s\�Cbl�krhht\tvlt}sbt\t\t h3r�kd htllbtait{�tafi\ kcb�btl�bY�\bhtb\ds`t�b111shbd by\tbbllkb ht n`tbf 161 162 6.3. Cost of Appraisal. Cost of any appraisal to be obtained aftel the date of this Contract shall be timely paid by 163 ® Buy6\0 A *9er. 164 Note. If FHA or VA Appraisal is checked,the Appraisal Deadline (§ )does not apply to FHA or VA guaranteed loans. 165 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS. 166 7.1. Evidence of Title. On or before Title Deadline (§ 3),Seller shall cause to be famished to Buyer,at Seller's expense,a 167 current commitment for owner's title insurance policy(Title Commitmem) in an amount equal to the Purchase PfiM &\ifi\Ilis PREPARED BY:Douglas L.Nehasil,Broker Assotiata CBS1-8-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Comm Won RealFASTO Software,02011,Version 6.16.Software Registered to:Michael B.Adams,BJ Adams&Company ga q of 13 1n�1j� 02/2111 17:36:13 S=1ier(s) BuyeKsl Yll I 168 \\bbrJU\Mekh l\l�k1�1\1s3t4�a \dfltitidbtstb`t ki\tb\�>st\t'rbrlt\da`t�\t'f\tkk\In�bt`a1�kdYs\'filrlalsbbb,\5alk`rklnklt1aYsb\Bbt�Jek`to 169 \S416lrbol)As o`f%\Jeslr hA V\tkk%hdJelrut�\fllt�bblth�\�bkt dr;+b 111e\ b P lay �bbk'abt)1t1IlZzf�s\ b3s�s`ibtt. At Seller's 170 expense, Seller shall cause the title insurance polioc�to be issued and delivered to Buyer as soon as practicable at or after 171 Closing.The tide insurance commitment ® Shafl \b1\3�tAAt commit to delete or insure over the standard exceptions 172 which relate to: (I) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, 173 (5)gap period (effective date of commitment to date deed is recorded), and(6) unpaid taxes, assessments and unredeemed tax I74 sales prior to the year of Closing. Any additional premium-expense to obtain this additional coverage shall be paid by\U'6*T 175 ®Seller. 176 Note: The title insurance company may not agree to delete or insure over arty or all of the standard exceptions. Buyer shall have 177 the right to review the Title Commitment,its provisions and Title Docume is(defined in§ 7.2),and if not satisfactory to Buyer, 178 Buyer may exercise Buyer's rights pursuant to§8.1. 179 7.2. Copies of Exceptions. On or before Title Deadline (§ 3), Seller, at SelIces expense, shall furnish to Buyer and ISO 11a ,(1)copies of any 181 plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)if a Title Commitment is required to be 182 furnished,and if this box is checked ®Copies of any Other Documents (or, if illegible,summaries of such documents)listed 183 in the schedule of exceptions (Exceptions). Even if the box is not cheattied, Seiler shall have the obligation to famish these 184 documents pursuant to this section if requested by Buyer any time on or before Exceptions Request Deadline (§ 3). This 185 requirement shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the 186 Property is Iocated. The abstract or Title Commitment, together with o copies or summaries of such documents furnished 187 pursuant to this section,constitute the title documents(collectively.Title Documents). 188 \'Rx%\1'rlbpIflb�dr�ble bib �t�vley\1)�itllrhtle\ #))\ tkleb $ltj�dr\ A>ill.ar'd>;bbs\)3rbirid>r\ +elfkb$�t r�r�ultlfit►�eli�sltl�r 189 \bEthb\'ttitibtbklmrbl�ktlt\arkba�lu�,li�idr�af`thab�iih'kin\aRtYt'1� 1a"bkbz\c+t}lo\rlebala,\�a>kk�n`t`D\)(4ti�rbWb�el�lt\4d�, vk\l'at 190 191 \ 1dbrY-tkln\ ebltbd+ts\t3abWn\3s\�tkirby�\?il,\alrlddnZ cY\ te1r\\ tbblcbbi�fclCZ:Ads\tIa}s\dilldiln`t,\6�)81t�+kk`1IR�eYtek\�13e11\ I�hle\barcb>t�btlbk�e'fdr't\�tnstn�\\gb er 193 \�s'i►'iN�tib1`bb\dbYtyi�etsi\tb\�y\fltb�eytts\ikaibs�s\$ y�yb(5gbryb'f�tnbb0�t\dnld\c'kllbblts\ib\Salle`r\bh}'A,�IYi�JeybAd, 194 \\${r}�r\sit\rAikb�i'aebi'nb?stltb�ay�tndl�gltkbtihktUltlat`{b\t)e\ iti'by }� 195 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 196 declarations,bylaws,operating agreements,rules and regulations,party wal agreements,minutes of most recent annual owners' 197 meeting and minutes of any directors'or managers'meetings during the six.-month period immediately preceding the date of this 198 Contract, if any (Governing Documents), most recent financial document! consisting of(1) annual balance sheet, (2) annual 199 income and expenditures statement,and(3)annual budget(Financial Documents),if any(collectively CIC Documents). 200 \\'Gl\\1.%%vghb A*Ii hw\'Nm�\A§11a�iAildt*py. 201 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 202 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH.COMMUNITY. THE 203 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A'MEMBER OF THE OWNER'S ASSOCIATION 204 FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF 205 THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE 206 FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO 207 PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, 208 THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE 209 DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY 210 PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL 211 REVIEW BY THE ASSOCIATION(OR A COMMITTEE OF THE ASSOCIATION)AND THE APPROVAL OF 212 THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY 213 SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. 214 PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE 215 BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 216 \\ \\y,\ ,\fYbi+ b>1t11E di3aYbbllYc\aia�W� ttybi\Ac'l3ibia�lAdgbbtt?a`t` ybiths\rlebi�iVbghNeb� b`f`tAs\tI �0de\►htebls1B11ybAAas 217 \\>'e1k\��t>garb,\agrk�tb\�b�t\ibb`bbttaflt��bt\1}�al�lt�'�adl�sb�ttObts'tndt�hA�Isb�a6b�upb3r�tsahl�a�ekcy\�11iv'k\aJnti�rs 218 \\�n\ihbbi�ir}g�t�tblAr1n1i1dtbblli��bklr'�dt�dub�tbbbJ}bi9dcu\tldn`ts�`nb�ii�itils`tarMi>'> tllb�irbJci\rbhkb'f�§�tS. 219 7.4.4. CIC Documents to Buyer. 220 ® 7.4,4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at 221 Seller's expense,on or before CIC Documents Deadline (§3). 222 \\11\\\'h$ ` el lbr\bikhMk1S\ANWSWibtydr3,to\Wee M&\45to�bkt\ilibl\t��tbY�tlybr, 223 \�&veNbI &ythk. 224 7.4.4,3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt 225 of the CIC Documents,regardless of who provides such documents. 226 7.4.5, Conditional on Buyer's Review. If the box in either§7.4.4.1 or§7.4A.2 is checked,the provisions of this §7.4.5 227 shall apply.In the event of any unsatisfactory provision in any of the CIC Documents, in Buyer's sole subjective discretion, 228 and written notice to terminate by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents 729 Objection Deadline (§3),Buyer accepts the CIC Documents and waives the right to terminate for that reason. 230 Should Buyer receive the CIC Documents after CiC Documents Deadline (§ 3), Buyer shall have the right, at PREPARED BY.Douglas L Nehasil,Broker Associate CBS1-8-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission ReelFASTO Software,02011,Version 6.16.Software Registered to:Michael B.Adams,BJ'Adams 6 Company Buyer(s) 0 P10 0212111117:36:13 P of 13 Sellers 23' Buyer's option,to terminate this Contract by written notice to terminate delivered to Seller on or before ten days after Buyer`s _3_ receipt of the CIC Documents.If Buyer does not receive the CIC Documents,or if such written notice to terminate would 233 otherwise be required to be delivered after Closing Date (§3),Buyei s written notice to terminate shall be received by Seller 734 on or before three days prior to Closing Date (§ 3). If Seiler does not receive Buyer's written notice to terminate within 235 such time,Buyer accepts the provisions of the CIC Documents,and Buyees right to terminate this Contract pursuant to this 236 section is waived,notwithstanding the provisions of§8.5. . . 237 Note: If no box in this§7.4 is checked,the provisions of§7.4.4.1 she I apply. 238 S. TITLE AND SURVEY RE,VIEW. 239 8.1. Title Review. Buyer shall have the right to review the Title Docuwn ats. Buyer shall provide written notice to terminate 240 based on unmerchantability of title,unsatisfactory form or content of Tid Commitment,or,notwithstanding§ 13,of any other 241 unsatisfactory title condition,in Buyer's sole and subjective discretion,sho n by the Title Documents(Notice of Title Objection). 242 Such Notice of Title Objection shall be delivered by or on behalf of Buyer a id received by Seller on or before Title Objection 243 Deadline. (§3),provided such Title Documents are received by Buyer in a ' ely manner. If there is an endorsement to the Title 244 Commitment that adds a new Exception to title,a copy of the new Exceptio to title and the modified Title Commitment shall be 245 delivered to Buyer. Provided however,Buyer shall have five days to delivg the Notice of Title Objection after receipt by Buyer 246 of the following documents: (1) any required Title Document not timely received by Buyer, (2) any change to the Title 247 Documents, or(3) endorsement to the Title Commitment. If Seller does; of receive Buyer's Notice of Title Objection by the 248 applicable deadline specified above,Buyer accepts the condition of title as d closed by the Title Documents as satisfactory. 249 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before Off-Record Matters Deadline 250 (§ 3) true copies of all leases and surveys in Seller's possession pertain ng to the Property and shall disclose to Buyer all 251 easements,liens(including,without limitation,governmental improvements approved,but not yet installed)or other title matters 252 (including, without limitation, rights of first refusal and options) not sho by the public records of which Seller has actual 253 knowledge.Buyer shall have the right to inspect the Property to investigat if any third party has any right in the Property not 254 shown by the public records (such as an unrecorded easement,unrecorde lease, boundary line discrepancy or water rights). 255 Written notice to terminate based on any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, 256 notwithstanding§ 13) in Buyer's sole subjective discretion, by or on behal of Buyer shall be delivered to Seller on or before 257 Off-Record-Matters Objection Deadline (§ 3):If Seller does not recel a Buyer's written notice to terminate on or before 258 Off-Record Matters Objection Deadline (§3),Buyer accepts title subject to such rights,if any,of third parties of which Buyer 259 has actual knowledge. 260 8.3. Survey,Review. 261 ® 83.1. Not Applicable. This§8.3 shalt not apply. 262 \'[�\\$$ \�bt�ili!hblu l bit`bwuwrLbyl\Yfi`dlc+ba�1L�1Ai>s�§\B iL�►ls\dl3ekk rajtek�?tAft'hhb�>slk\itight\to\W ek\W\lStM)t\ff 263 \ir uch,6mt+omvkhit lejc)6 b3uUhw-Oma 1r\l�bt�bfi'at\ USIAN.-ra i'ol�hbrldiNhhNlt Y �rh�ek�§dlk�h6j�bt +c� brktibrl, 264 \hllo`+wkt+b�`tAd+'Sblr'Je ,\hdtWi�ttdallin�\�8!2\au'��Y�\IS1u'ehr�ii��l,b�'61F 3r\btlbk'bkfo`cb`b'dt�bl\1(�jbdt�b�$tir�a�(§'S� 265 \iit�s\�bhs twShhik�t�.lt SaT3ar\do la�it.t\e�aiWb`13tiyklt�t+�kr�tl�h1rt lih&too\fekhhlnhbe\8}1+51uYt6a \alb&Wb%a\Y)t&\1i1nle 266 0 � �> �� � tt► � ��tatl \\\\\\\\\\\\\\\\� \\\\\\�\\\\\\\\\\�\\\\\ \\\\\\\\\\\\ 267 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY' BE SUBJECT TO GENERAL OBLIGATION 268 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FRO 9 ANNUAL TAX LEVIES ON THE TAXABLE 269 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS I N SUCH DISTRICTS MAY BE PLACED AT 270 RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 271 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY Of SUCH A DISTRICT TO DISCHARGE SUCH 272 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEN ES. BUYERS SHOULD INVESTIGATE THE 273 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 274 TREASURER,BY REVIEWING THE CERTIFICATE OP TAXES DUE FOR THE PROPERTY,AND BY OBTAINING 275 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK AND 276 RECORDER,OR THE COUNTY ASSESSOR. 277 In the event the Property is located within a special taxing district and uyer desires to terminate this Contract as the effect 278 of special taxing district is unsatisfactory, in Buyer's sole subjective discretion, written notice to terminate, by or on behalf of 279 Buyer,is received by Seller on or before Off-Record Matters Objection I c adline (§3),this Contract shall terminate. If Seller 280 does not receive Buyer's written notice to terminate on or before Off-Recor I Matters Objection Deadline (§3), Buyer accepts 281 the effect of the Property's inclusion in such special taxing district and waivi s the right to terminate for that reason. 282 8.5. Right to Object,Cure, Buyer's right to object shall include,but not b limited to,those matters set forth in §§8 and 13. If 283 Seller receives Buyer's written notice to terminate or notice of unmerchanta ity of title or any other unsatisfactory title condition 284 or commitment terms as provided in§§8.1,and 8 2,Seller shall use reasona a efforts to correct said items and bear any nominal 285 expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction, in 286 Buyer's sole subjective discretion,on or before Closing,this Contract shall} nninate;provided,however,Buyer may,by written 287 notice received by Seiler on or before Closing,waive objection to such items. 288 8.6. Right of First Refusal or Contract Approval. If there is a right of fi t refusal on the Property, or a right to approve this 289 Contract,Seller shall promptly submit this Contract according to the terms a d conditions of such right If the holder of the right 290 of first refusal exercises such right or the holder of a right to approve disapproves this Contract,this Contract shall terminate, if 291 the right of first refusal is waived explicitly or expires,or the Contract is approved,this Contract shall remain in full force and 292 effect.Seller shall promptly notify Buyer in writing of the foregoing. If a piration or waiver of the right of first refusal or PREPARED BY:Douglas L Nahasil,Broker Associate CSS1-8-10,CONTRACT TO BUYAND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commissir n RealFASTO Software,®2011,Version 6.16.Software Registered to:michaEl B.Adams.BJ"Adams 8 Company, Buyers) _ '� 0212111117:36:13 Pa a or 13 Selier(s) 293 Contract approval has not occurred on or before Right of First Refusal Deadline (§31 this Contract shall terminate. 294 M. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed carefully. 295 Additionally,other matters not reflected in the Title Documents may affect i he title,ownership and use of the Property,including 296 without limitation,boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements,leases and 297 other unrecorded agreements, and various laws and. governmental regulations concerning land use, development and 298 environmental matters. The surface estate may be owned separately from the underlying mineral estate,and transfer of 299 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 300 interests in oil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give them 30I rights to enter and use the Property. Such matters may be excluded fror i or not covered by the title insurance policy. Buyer 302 is advised to timely consult legal counsel with respect to all such matters there are strict time limits provided in this Contract 303 [e.g., Title Objection Deadline (§3)and Off-Record Matters Objection Deadline (§3)]. 304 9. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but not limited to 305 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§5), Title and Survey 306 Review (§8)and Property Disclosure, Inspection, Indemnity, Insurability; Due Diligence, Buyer Disclosure and Source of 307 Water (§ 10). 308 IDISCLOSURE,INSPECTION AND DUE ILIGENCE 309 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY,DUE DILIGENCE,BUYERDISCLOSURE 310 AND SOURCE'OF WATER 311 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 3), Seller agrees to 312 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 313 completed by Seller to Seller's actual knowledge,current as of the date of this Contract. 314 10.2. Inspection Objection Deadline. Unless otherwise provided in this C tract,Buyer aclarowledges that Seller is conveying 315 the Property to Buyer in an"as is"condition,"where is"and"with all faults .Seller shall disclose to Buyer,in writing,any latent 316 defects actually known by Seller.Buyer,acting in good faith,shall have the 'ght to have inspections(by a third party,personally 317 or both)of the Property and Inclusions(Inspection), at Buyer's expense. I r(1) the physical condition of the Property, (2) the 318 physical condition of the Inclusions, (3) service to the Property(includinE utilities and communication services), systems and 319 components of the Property, e.g. heating and plumbing, (4) any propose or existing transportation project, road, street or 320 highway,or(5)any other activity,odor or noise(whether on or off the Property)and its effect or expected effect on the Property 321 or its occupants is unsatisfactory in Buyer's sole subjective discretion,Buyer'shall,on or before Inspection Objection Deadline 322 (§3): 323 10.2.1 Notice to Terminate. Notify Seller in writing that this Contract is terminated;or 324 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition which 325 Buyer requires Seller to correct. 326 if written notice is not received by Seller on or before Inspection Objection Deadline (§ 3), the physical condition of the 327 Property and Inclusions shall be deemed to be satisfactory to Buyer. 328 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 329 writing to a settlement thereof on or before Inspection Resolution Deadlin (§ 3),this Contract shall terminate on Inspection 330 Resolution Deadline (§3),unless Seller receives Buyer's written withdrawal of the Notice to Correct before such termination, 331 i.e.,on or before expiration of Inspection Resolution Deadline (§3). 332 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract,is responsible for payment for all 333 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 334 damage that occurs to the Property and Inclusions as a result of such War . Buyer shall not permit claims or liens of any kind 335 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller 336 harmless from and against any liability,damage,cost or expense incurred b Seller and caused by any such Work,claim,or lien. 337 This indemnity includes Sellers right to recover all costs and expenses incurred by Seller to defend against any such liability, 338 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and expenses. The 339 provisions of this section shall survive the termination of this Contract. 340 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's sole subjective discretion, with the 341 availability,terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt,on 342 or before Property Insurance Objection Deadline (§ 3), of Buyer's written notice to terminate based on such insurance being 343 unsatisfactory to Buyer.If Seller does not receive Buyer's written notice to terminate on or before Property lnsuranceObjection 344 Deadline (§3),Buyer shall have waived any right to terminate under this proQvision. 345 10.6. Due Diligence-Physical Inspection. Buyer's Inspection of the Propertyy under§ 10.2 shall also include,without limitation, 346 at Buyer's option,an inspection of the roof,walls,structural integrity of the property and an inspection of the electrical,plumbing, 347 HVAC and other mechanical systems of the Property.if the condition of the Property or Inclusions are not satisfactory to Buyer, 348 in Buyer's sole subjective discretion,Buyer shalt,on or before Inspection Objection Deadline (§ 3), provide the applicable 349 written notice pursuant to§ I0.2. 350 10.7. Due Diligence-Documents. Seller agrees to deliver copies of the fb�lowing documents and information (Due Diligence 351 Documents)io Buyer on or before Due Diligence Documents Delivery Deadline (§ 3) to the extent such Due Diligence 352 Documents exist and are in Seller's possession: n/a PREPARED BY:Douglas L.Nehasil,Brolter Associate CBS1-6-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission Rea1FASTO Software.02011.Version 6.16.Software Registered to:Michael S.Adams,BJ•Adams&Company ' Buyer(s) _ /� 02/21111 17:36:13 Pa9 7 or 13 Seiler(s) 353 10.8. Due Diligence Documents Conditions. This Contract is subject to d expressly conditional J � P Y Upon Buyer,m Buyers sole 354 subjective discretion, reviewing and approving the Due Diligence Documents, Survey and Leases. Buyer shall also have the 355 unilateral right to waive any condition herein. 356 I0.8.1. Due Diligence Documents, If Buyer is not satisfied with the results of Buyer's review of the Due Diligence 357 Documents and written notice to terminate is received by Seller on orlbefore Due Diligence Documents Objection Dead- 358 tine (§3),this Contract shall terminate. 359 \XD.'81 \MMYNIWIklANAht b*bdi4dti$drA � r'S(telrl�i;dfk�e�tb`torklii�albls\�e�AiVhBbjc'S'eNbr 360 \b��ihbihtol�'6�`ri�b�ldb}bcttldn\ ;��� ,K�yai��dr►`d`a>`i,�He'll�ti4l �ai�e� 361 10.8.3. Leases. If the Leases are not satisfactory to Buyer, Seller all receive written notice to terminate on or before 362 Off-Reeord Matters Objection Deadline (§ 3),unless the Leases are not timely delivered under§ 81,then Seller shall 363 receive written notice to terminate on or before Diligence Documents Objection Deadline (§3). if Seller timely receives 364 written notice to terminate,this Contract shall terminate. 365 If Buyeds written notice to terminate for any of the conditions set forth above is not timely received by Seller,then such 366 — condition shall be deemed to be satisfactory to Buyer, 367 10.9. Buyer Disclosure. Buyer represents that BUI Mes®Does of need to sell and close a property to complete this 368 transacdan. 369 Note: Any property sale contingency should appear in Additional Provisi ns (§29). 370 10.10. Source of Potable Water(Residential Land and Residential Imp fovements Only). Buyer ❑Does ®Does Not 371 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 372 water for the Property. Buyer ❑Does ®Does Not acknowledge receiptof a copy of the current well permit. ®There is No 373 Weil. 374 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES,ON NONRENEWABLE GROUND 375 WATER YOU MAY WISH TO CONTACT YOUR PROVIDER(0'1 INVESTIGATE THE DESCRIBED SOURCE) 376 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 377 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Prol erty have a fuel-fired heater or appliance,a fireplace, 378 or an attached garage and include one or more rooms lawfully used for sleep g purposes(Bedroom),the parties acknowledge that 379 Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the 380 entrance to each Bedroom or in a location as required by the applicable building code. 381 10.12. Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more residential dwellings for 382 which a building permit was issued prior to January I,1978,this Contract shall be-void unless(1)a completed Lead-Based Paint 383 Disclosure(Sales)form is signed by Seller,the required real estate licensees and Buyer,and(2)Seller receives the completed and 384 fully executed form prior to the tune when the Contract is signed by all parti .Buyer acknowledges timely receipt of a completed 385 Lead-Based Paint Disclosure(Sales)form signed by Seller and the real estate licensees. 386 10.13. Methamphetamine Disclosure. If Sellerknows that methamphetamine was ever manufactured,processed,cooked,dispose 387 oC used or stored at the Property,Seller is required to disclose such fact. No disclosure is required if the Property was remediated 388 in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further 389 acknowledges that Buyer has the right to engage a certified hygienist or indi,istrial hygienist to test whether the Property has ever 390 been used as a methamphetamine laboratory. If Buyer's test results ind'cate that the Property has been contaminated with 391 methamphetamine, but has not been remediated to meet the standards i stablished by rules of the State Board of Health 392 promulgated pursuant to§25-18.5-102,C.R. S.,Buyer shall promptly give written notice to Seller of the results of the test,and 393 Buyer may terminate this Contract upon Seller's receipt of Buyer's wri ten notice to terminate, notwithstanding any other 394 provision of this Contract. 395 11. COLORADO FORECLOSURE PROTECTION ACT. The Colorado Foreclosure Protection Act(Act)generally applies if.(1) 396 the Property is residential, (2) Seller resides in the Property as Seller's principal residence, (3) Buyer's purpose in purchase of the 397 Property is not to use the Property as Buyer's personal residence,and(4)the Property is in foreclosure or Buyer has notice that any 398 loan secured by the Property is at least thirty days delinquent or in default. If the transaction is a Short Sale transaction and a Short 399 Sale Addendum is part of this Contract,the Act does not apply.Each party is furtfier advised.to consult an attorney. 400 CLOSING PROVISIONS 401 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING. 402 12.1. Closing Documents and Closing Information. Seller and Buyer shad cooperate with die Closing Company to enable the 403 Closing Company to deliver all documents required for Closing to Buyeer and Seller and their designees by the Closing 404 Documents Delivery Deadline (§ 3). If Buyer is obtaining a new loan to purchase the Property, Buyer aclrnowledges Buyer's 405 lender shall be required to provide the Closing Company in a timely manner a�I required loan documents and financial information 406 concerning Buyer's new loan. Buyer and Seller will furnish any additional information and documents required by Closing 407 Company that will be necessary to complete this transaction.Buyer and Seller shall sign and complete all customary or reasonably 408 required documents at or before Closing. 409 12.2. Closing Instructions Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions.Such 410 Closing Instructions ®Are\EKXMVbt executed with this Contract.Upon ipiutual execution,®Selib>\UV4er shall deliver 411 such Closing Instructions to the Closing Company. 412 12.3. Closing. Delivery of deed from Seller to Buyer shall be at closing(C osing).Closing shall be on the date specified as the 413 Closing Date (§3)or by mutual agreement at an earlier date.The hour and ace of Closing shall be as designated by PREPARED BY:Douglas L Nehasil,Broker Associate CBS1-9-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL),Colorado Real Estate Commission _t�1 RealFAM Software,02011,Version 6.16.Software Registered to:Michael B.Adams,BJ Adams&Company'', Ca1vY_i Buyers) /_g 02!2111117:36:13 Page9o►i3 Seller(s) 414 !Pitle company 415 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary between 416 different settlement service providers(e.g.,attorneys,lenders,inspectors and title companies). 417 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as rewired herein and compliance by Buyer with the other 418 terms and provisions hereof,Seller shall execute and deliver a good and sufficigttt creneral wa=. nt:y 419 deed to Buyer,at Closing,conveying the Property free and clear of all taxes cept the general taxes for the year of Closing. Except 420 as provided herein, title shall be conveyed free and clear of all liens, inclining any governmental liens for special improvements 421 installed as of the date of Buyer's signature hereon,whether assessed or not.Ti le shall be conveyed subject to: 422 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Tide Documents accepted by 423 Buyer in accordance with (Title Review (§8.1), 424 13.2. Distribution utility easements(including cable TV), 425 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge 426 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§8.2)and Survey Review 427 (§8.3), 428 13.4. Inclusion of the Property within any special taxing district,and 429 I3.5. Other none. 430 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 431 proceeds of this transaction or from any other source. 432 15. CLOSING COSTS,CLOSING FEE,CIC FEES AND TAXES. 433 I5.1. Closing Costs. Buyer and Seller shall pay,in Good Funds,their respective closing costs and all other items required to be 434 paid at Closing,except as otherwise provided herein. 435 15.2. Closing Services Fee. The fee for real estate closing services shall be paid at Closing*\i1hgli r,r\0tMr®One-Half 436 by Buyer and One-Half by SelieiNER*Ur n/a 437 15.3. Status Letter and Transfer Fees. Any fees incident to the issi ce of Association's statement of assessments(Status 438 Letter)shall be paid by❑Buyer❑Seiler®One-Hair by Buyer and e-Half by Seller. Any transfer fees assessed by the 439 Association(Association's Transfer Fee)shall be paid by U Buyer ❑Seller ®One-Half by Buyer and One-Half by Seller. 440 15.4. Local Transfer Tax. ®The Local Transfer Tax of 1-s %of the Purchase Price shall be paid at Closing by 441 ❑Buyer ❑Seller ®One-Half by Buyer and One-Half by Seiler. 442 155. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 443 ❑Buyer ❑Seller ®One-Half by Buyer and One-Half by Seller. 444 16. PROBATIONS. The following shall be prorated to Closing Date (§ 3),except as otherwise provided: 445 16.1. Taxes. Persona] property taxes,if any,and peneral real estate taxes for the year of Closing,based on ®Taxes for the 446 Calendar Year Immediately Preceding Closin�� IVfalst`kelc�ii�h�a'll\ 1�$yVias�t\ Dce�r`tk�s�bs's�$\1kzllka�ibn,adjusted 447 by any applicable qualifying seniors property tax exemption,dr\131 fher n/a 448 16.2. Rents. Rents based do\E1kWs\AZzfi1a'l1y\ltk1e0ed ®Accrued. At Closing,Seller shall transfer or credit to Buyer the 449 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of such 450 transfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect at Closing and Buyer shall 451 assume such leases. 452 163. Association Assessments. Current regular Association assessments)'and dues(Association Assessments)paid in advance 453 shall be credited to Seller at Closing.Cash reserves held out of the regular Association Assessments for deferred maintenance by 454 the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer 455 acknowledges that Buyer may be obligated to pay the Association, at Closirig,an amount for reserves or working capital. Any 456 special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon shall 457 be the obligation of Seller.Any other special assessment assessed prior to Closing Date (§ 3) by the Association shall be the 458 obligation 403%*er®Seller. Seller represents that the Association Assessments are currently payable at S 3.8913-00 459 per quarter and that there are no unpaid regular or special)assessments against the Property except the current 460 regular assessments ekti\ 461 none 462 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the 463 Association to deliver to Buyer before Closing Date (§ 3)a current Status Letter. 464 16.4. Other Prorations. Water and sewer charges,interest on any continuing loan,and 465 all other utility charges shall be vrorated to Closing Date (93) 466 16.5. Final Settlement. Unless otherwise agreed in writing,these proratigns shall be final. 467 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 3), subject 468 to the following leases or tenancies: 469 those in short-term rentals, if any, placed by Properties F=as. PREPARED BY:Douglas L Nahasil,Broker Associate CBS1-8-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission Rea1FASTO Solhvare,02011,Version 6.16.Software Registered to:Michael B.Adams,Bd•Adams&Company Buyers) two 0212111117-.36:13 #9 .f 13 Ssli 470 If Seller,after Closing,fails to deliver possession as specified,Seller shat be subject to eviction and shall be additionally liable 471 to Buyer for payment of S Boo.00 per day(or any part of a day n twithstanding§ I&.1)from the Possession Date and 472 Possession Time (§3)until possession is delivered. 473 Bu)hi 0`boes ®Does Not represent that Buyer will occupy the Property]as Buyer's principal residence. 474 GENERAL PROVISIONS 475 18. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE. 476 18.1. Day. As used in this Contract,the term"day"shall mean the entire day ending at 11:59 p.m.;United States Mountain Time 477 (Standard or Daylight Savings as applicable). 478 18.2. Computation of Period of Days,Deadline. In computing a period of days; when the ending date is not specified, the 479 first day is excluded and the last day is included,e.pthree da after ME If any deadline falls on a Saturday,Sunday or federal 480 or Colorado state holiday(Holiday),such deadline ShnINUM11 Not be extended to the next day that is not a Saturday, 481 Sunday .or Holiday. Should neither box be checked,the deadline shall not be-extended. 482 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK- 483 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition 484 existing as of the date of this Contract,ordinary wear and tear excepted. 485 19.1. Causes of Loss,Insurance. In the event the Property or Inclusions I xe damaged by fire,other perils or causes of loss prior 486 to Closing in an amount of not more than ten percent of the total Purchase F rice,Seller shall be obligated to repair the same before 487 Closing Date (§3).In the event such damage is not repaired within said ime or if the damages exceed such sum,this Contract 488 may be terminated at the option of Buyer by delivering to Seller written n 3tice to terminate on or before Closing.Should Buyer 489 elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that 490 were received by Seller(but not the Association, if any) resulting from such damage to the Property and Inclusions,plus the 491 amount of any deductible provided for in such insurance policy,Such credit not to exceed the Purchase Price.In the event Seller 492 has not received such insurance proceeds prior to Closing,then Seller shall assign such proceeds at Closing,plus credit Buyer the 493 amount of any deductible provided for in such insurance policy,but not to exceed the total Purchase Price. 494 19.2. Damage,Inclusions and Services. Should any Inclusion or service (including utilities and communication services), 495 systems and components of the Property, e.g.,heating or plumbing, fail or be damaged between the date of this Contract and 496 Closing or possession,whichever shall be earlier,then Seller shall be liable�br the repair or replacement of such Inclusion,service, 497 system,component or fixture of the Property with a unit of similar size,age and quality,or an equivalent credit,but only to the 498 extent that the maintenance or replacement of such Inclusion,service,system,component or fixture is not the responsibility of the 499 Association, if any, less any insurance proceeds received by Buyer cove" g such repair or replacement. Seller and Buyer are 500 aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of 501 such Inclusions. 502 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may result 503 in a taking of all or part of the Property or Inclusions,Seller shall promptly notify Buyer,in writing,of such condemnation action. 504 In such event,this Contract may be terminated at the option of Buyer,in uyees sole subjective discretion,by Buyer delivering 505 to Seller written notice to terminate on or before Closing.Should Buyer ele to consummate this Contract despite such diminution 506 of value to the Property and Inclusions,Buyer shall be entitled to a credi at Closing for all condemnation proceeds awarded to 507 Seller for the diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits,expenses 508 or exceed the Purchase Price. 509 19.4. Walls-Through and Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the 510 Property prior to Closing to verify that the physical condition of the Propm ty and Inclusions complies with this Contract. 511 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 512 the respective broker has advised that this document has important legal consequences and has recommended the examination of title 513 and consultation with legal and tax or other counsel before signing this Contract. 514 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest 515 Money hereunder or any other payment due hereunder is not paid,honored or It ndered when due,or if any obligation hereunder is not 516 performed or waived as herein provided,there shall be the following remedies: 517 21.1. If Buyer is in Default: 518 \\�\\`Qy�11��s�bc�r'kh�akfo`rbklt�c�\'S�Na>'�lehty\blhat\in�b�'at\u�ib`C3a �h`a�\ccibb�lka,\M\\J}itiotlb'a�e1hN\f5arkas�t�Mb?1�y 519 \1(\Jhb�tle�b��lbi. 'aiklV +�b)�r�§tla�iADd �ial�ibl3bi\ �e`c>�iitbdb 's`>VNar��ilrb`6'e�lbl�i`i1��C�bcolr>sbittk'h\3altgb>ih9klay 520 \\Be\�t'cs�brbk'SbHbr\rlvll�al>z6t\tbellt.�li`i��bhi �tlak'blrlri�VhH`fi i'chbhtl>rtf�ht\>inli��llek�A�1AA�Je\tlaahi�ht�fio�'p1z3iYtc 522 ® 21.1.2. Liquidated Damages,Applicable.This§21.1.2 shall apphy unless the box in§21.1.1,is checked. All Earnest 523 Money (whether or not paid by Buyer) shall be paid to Seller, and retained by Seller. Both parties shall thereafter be 524 released from all obligations hereunder.It is agreed that the Earnest IY oney specified in§4.1 is LIQUIDATED DAMAGES, 525 and not a penalty,which amount the parties agree is fair and reasonable and(except as provided in§§ 10.4,22,23 and 24), 526 said payment of Earnest Money shall be SELLER`S SOLE AND,ONLY REMEDY for Buyet s failure to perform the 527 obligations of this Contract.Seller expressly waives the remedies oflspecific performance and additional damages, 528 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received I PREPARED BY:Douglas L.Nehasil,BroherAssoclue CBS1-9-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission ReaIFASTO Software,02011,Version 6.15,Software Registered to:Michael B.Adams,Bd'Adams&Company p 10 of 13 Buyers} t 0212111 1 1 7:36:13 529 hereunder shall be returned and Buyer may recover such damages as may b proper,or Buyer may elect to treat this Contract as 530 being in full force and effect and Buyer shall have the right to specific perfd rinance or damages,or both. 531 22. LEGAL FEES,COST AND EXPENSES. Anything to the contrary herel'it notwithstanding, in the event of any arbitration or 532 litigation relating to this Contract,prior to or after Closing Date (§ 3), the arbi or or court shall award to the prevailing party all 533 reasonable costs and expenses,including attorney fees,legal fees and expenses. 534 23. MEDITATION. If a dispute arises relating to this Contract,prior to or aft Closing, and is not resolved, the parties shall first 535 proceed in good faith to submit the matter to mediation.Mediation is a process in the patties meet.with an impartial person who 536 helps to resolve the dispute informally and confidentially.Mediators cannot imp' se binding decisions.The parties to the dispute must 537 agree,in writing,before any settlement is binding.The parties will jointly appo' an acceptable mediator and will share equally in the 538 cost of such mediation. The mediation,unless otherwise agreed,shall terminate the event the entire dispute is not resolved within 539 thirty days of the date written notice requesting mediation is delivered by one pE to the other at the party's last known address.This 540 section shall not alter any date in this Contract,unless otherwise agreed. 541 24. EARNEST MONEY DISPUTE:Except as otherwise provided herein,Ei i nest Money Holder shall release the Earnest Money 542 as directed by written mutual instructions, signed by both Buyer and Seller. I i the event of any controversy regarding the Earnest 543 Money(notwithstanding any termination of this Contract),Earnest Money Ho I der shall not be required to take any action. Earnest 544 Money Holder,at its option and sole subjective discretion,may(1)await any pro eeding,(2)interplead all parties and deposit Earnest 545 Money into a court of competent jurisdiction and shall recover court costs and r onable attorney and legal fees,or(3)provide notice 546 to Buyer and Seller that unless Earnest Money Holder receives a copy of the Su nmons and Complaint or Claim(between Buyer and 547 Seiler)containing the case number of the lawsuit(Lawsuit)within one hundred enty days of Earnest Money Holders notice to the 548 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 549 receive a copy of the Lawsuit,and has not interpled the monies at the time of y Order, Earnest Money Holder shall disburse the 550 Earnest Money pursuant to the Order of the Court.The parties reaffirm the oblon of Mediation (§ 23). The provisions of this 551 §24 apply only if the Earnest Money Holder is one of the Brokerage Finns nain§32 or§33. 552 25. TERMINATION. In the event this Contract is terminated, all Earnest ney received hereunder shall be returned and the 553 parties shall be relieved of all obligations hereunder,subject to§§ 10.4,22,23 24. i 554 2 6. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This Contract, its exhibits and specified addenda, constitute the 555 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 556 written,have been merged and integrated into this Contract.No subsequent mot fication of any of the terms of this Contract shall be 557 valid,binding upon the parties,or enforceable unless made in writing and signs .by the parties.Any obligation in this Contract that, 558 by its terms,is intended to be performed after termination or Closing shall surviu the same. 559 27. NOTICE,DELIVERY AND CHOICE OF LAW. 560 27.1. Physical Delivery.All notices must be in writing, except as prop i Jed in § 27.2. Any document, including a signed 561 document or notice,delivered to Buyer shall be effective when physically ceived by Buyer,any signature on behalf of Buyer 562 any named individual of Buyer, any representative of Buyer, or Broke a Firm of Broker working with Buyer(except for 563 delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 27.2 below. Any 564 document, including a signed document or notice,delivered to Seller shall'' a effective when physically received by Seller,any 565 signator on behalf of Seller,any named individual of Seller,any represents--ve of Seller,or Brokerage Firm of Broker working 566 with Seller(except for delivery,after Closing,of the notice requesting meO iation described in §23)and except as provided in 567 § 27.2. 568 27.2. Electronic Delivery. As an alternative to physical delivery, any do ument, including any signed document or written 569 notice may be delivered in electronic form only by the following indicated mi thods: ® Facsimile ® E-mail %\b3\l�l�tt riet 570 \%U Ala Documents with original signatures shall be prc vided upon request of any party. 571 27.3. Choice of Law. This Contract and.all disputes arising hereunder sh I be governed by and construed in accordance with 572 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 573 located in Colorado. 574 28. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller, 575 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or before 576 Acceptance Deadline Date (§3)and Acceptance Deadline Time (§3).If ac6't pied,this document shall become a contract between 577 Seller and Buyer. A copy of this document may be executed by each party, st parately, and when each party has executed a copy 578 thereof,such copies taken together shall be deemed to be a full and complete cote ract between the parties. 579 ADDITIONAL PROVISIONS AND ATT' CHMENTS 580 29. ADDITIONAL PROVISIONS. (The following additional provisions h e not been approved by the Colorado Real Estate 581 Commission.) 582 1. Regarding 527.2, NOTICE, DELIVERY AND CHOICE OF LAW/Electronic Delivery: If Notice is delivered via E-mail, Party delivering said Notice shall call other party to confirm receipt of same. 2. Buyer agrees to allow Seller, James C. Gianulias and James', C. Giannlias' family and friends PREPARED BY:Douglas L Nehasil,Broker Associate CBS"-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commission 1 ReWFASTO Sto�ftware,®?011,Version 6.16.Software Registered to:Michael S.Adams,BJ'Adams 6 Compan pa o f 13 Buyers). -f� D2121/i117:35:13 Seller(S) accompanied by a Glanulias family member to occupy unit Pas Saus 43501450 and Fasahing Saus #340/440 (entire units) , free of charge, four (4) weeks, (2B s) each year for five (5), years beginning June 1, 2011, subject to limitatiaa if the unit is der construction. UP to two (2) weeks, (14 days) shall be for Summer occupancy and up to two (2) r (14 days) shall be for 'Winter occupancy. The Christmas and Now Years Weeks shall be exalu d. Seller selections shall be subject to prior committed reservations in place. Seller sh pay for any and-all housekeeping cleaning expenses and miscellaneous fees associated with eacL� stay. 3. Seller has no knowledge that his unit has ever been used as a permanent residents home. To the best of Seller's knowledge it has always been a vacation ren 1 property. Seiler will issue a letter stating the above to the Aspen Building Department if requested by the Buyer. 4. EACLUDED FMWISHIN S. Seller agrees to not remove any excauded furnishings including artwork, personal family photos excluded, until mutually agreed upon by Buyer and Seiler or until remodel construction begins. 5. CLOSING DATE. The date of Closings 1 Map 15, 2D11. P4 uyer's option, Buyer may Close earlier by-delivering written notice to the Sal r at least ten (10 siness days prior to Buyer's intended Closing Date, 583 30. ATTACHMENTS. The following are a part of this Contract: 584 1. Addendum.A to Contract to Buy and Sell Real Estate, dated February 21, 2011. 2. Addendum B to Contract to Buy and Se11 Real Estate, dated, February 21, 2011. 3. Lead Based Paint Disclosure 585 Note: The following disclosure forms are attached but are not a part of this ontract: 586 n a 587 SIGNATURES—I DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST Fax 513-831- ?7 BUYER DATE Z !I By: DOUGLAS P. BRENDAMOUR, TEMOM& 1 1 588 Electronic Address: doucrbreridanour@aol.com 589 590 (NOTE:if this offer is being countered or rejected,do not sign this docurn nt.Refer to§311 591 SELLER O DATE I 23 I JAMS GIA M15AS #: 943-955-3090 592 Electronic Address: 'c companies,com 593 594 31. COUNTER; REJECTION. This offer is ❑Countered ❑Rejected. 595 Initials only of party(Buyer or Seller)who countered or rejected offer 596 597 END OF CONTRACT TO BUY AND SELL',REAL ESTATE 598 599 32. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. . 600 (To be completed by Broker working with Buyer) 601 PREPARED BY:Douglas L Nehasil,Broker Associate CBSi-&i0,CONTRACT TO BUY AND SELL.REAL ESTATE(RESIDENTIAL).Colorado Real Estate Commit ssion RealFASTO Software,02011,Version 6.16.Software Registered to:Michael B.Adams,BJ•Adams&Comps y Page 12 of 13 0212111117:36:13 i 602 Broker❑Does❑Does Not acknowledge receipt of Earnest Money deposit s ecified in§4.1 and,while not a party to the Contract, 603 agrees to cooperate upon request with any mediation concluded under§23.Brc zer agrees that if Brokerage Firm is the Earnest Money 604 Holder and,except as provided in§24,if the Earnest Money has not already b n returned following receipt of a Notice to Terminate 605 or other.written notice of termination, Earnest Money Holder shall release a Earnest Money as directed by the written mutual 606 instructions.Such release of Earnest Money shall be made within five days of arnest Money Holders receipt of the executed written 607 mutual instructions,provided the Earnest Money check has cleared.Broker agrees that if Earnest Money Holder is other than the 608 Brokerage Firm identified in§32 or§33,Closing Instructions signed by Buyer,Seller,and Earnest Money Holder must be obtained 609 on or before delivery of Earnest Money to Earnest Money Holder. 610 611 Broker is working with Buyer as a ❑ Buyer's Agent ❑ Seller's Agentt ❑Transaction-Broker in this transaction. 612 ❑This is a Change of Status. 613 614 Brokerage Firm's compensation or commission is to be paid by ❑ Listing Brokerage Firm ❑ Buyer 615 ®Other No Commission paid to Salung side. 616 Brokerage Firm's Name: By: Ir' Signature Date 617 Electronic Address:Eta 618 619 33. BROI{ER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 620 (To be completed by Broker working with Seller) 621 622 BrokeO Dbes®Does Not acknowledge receipt of Earnest Money deposit fpecified in§4.1 and,while not a party to the Contract, 623 agrees to cooperate upon request with any mediation concluded under§23.B oker agrees that if Brokerage Firm is the Earnest Money 624 Holder and,except as provided in§24,if the Earnest Money has not already een returned following receipt of a Notice to Terminate 625 or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual 626 instructions.Such release of Earnest Money shall be made within five days o Earnest Money Holder's receipt of the executed written 627 mutual instructions,provided the Earnest Money check has cleared. Brokei grees that if Earnest Money Holder is other than the 628 Brokerage Finn identified in§32 or§ 33,Closing Instructions signed by Bu er,Seller,and Earnest Money Holder must be obtained 629 on or before delivery of Earnest Money to Earnest Money Holder. 630 631 Broker is working with Seller as a ® Seller's Agent 1:1 Buyers Agent Transaction-Broker in this transaction. ❑ This is a 632 Change of Status. 633 634 Brokerage Firm's compensation or commission is to be paid by®Seller ❑ uyer❑Other n/a 635 636 Date: February 20_2011 637 Brokerage Firm's Name: BJ*Adams s courpany 638 Brokers Name: Doualas L. Ne 53.1 639 Il 640 Broker's S' ature Date 641 Address: 534 B. Ro kins Ave. 642 Aspen, Co 81611 643 Phone No.: 970-922-2111 644 Fax No.: 970-920-2927 645 Electronic Address: dour? b'ao.net PREPARED BY:Douglas L Nehasll,Broker Associate CBS1-13-10,CONTRACT TO BUY AND SELL REAL ESTATE(RESIDENTIAL).Colorado Real Estate Co n mission RealFAM Software,02011,Version 6.16.Software Registered lo:Michael B.Adams,BJ'Adems&Can parry Page 43 Buyer(s) p` V. 0212111117. 5etler(s) ; 17 Kr-AR.---ROAD 534 I4omaN_AvENuE PCB Box 6699 A D A M S AND C 0_M P A N Y A.-J m,CO 81611 S.NOWri As:VILLACM,CO 8163 5 Real Estate on Higher Ground (9 0)-922-2111 (970)923_2111 r FAx 70)920-2927 FAx(970)923-2927 February 21. 2011 `�a1i�s�ib �hs4 n a ® (Contract to Buy and Sell) This Addendum has not been approved by the Colorado Real Estate Commission. It was preparha by Ba*ADAMS and COMPANY Is locral counsel for use by Bs*ADAMS and COMPANY ADDENDUM:- In the event of a conflict between this Addendum and the Contract, this Addendum shall prevail. This Addendum A is hereby made part of this CONTRACT TO BUY AND REAL ESTATE dated February 21, 2011, regarding Fasching Haus 41340, 747 S: Galena St. Aspen; Pitkin Co, ty, Colorado, between Douglas P. Brenda-our Children's Trust, by Douglas P. Breudamour, Trustee, B yer, and Jam ea C. Gianulias, Seller I I. Regarding 64.2, PURCHASE PRICE AND TERMS/Earnest Money: Earne Money shall be due within two (2) business days from NEC ("Alternative Earnest Money Deadline"). earnest monies paid by Buyer shall be placed in an interest bearing money market type account with a 1 I commercial bank with all interest thereon accruing to buyer. All interest accrued on such earnest nay shall be held for the benefit of Buyer and shall be paid to Buyer at closing or at the time the a eat money deposit is returned to Buyer Pursuant to any provision of this Agreement. However, in the ev t that Buyer is in default hereunder and Seller has properly terminated this Agreement pursuant to this moment, Seller shall be paid all interest accrued hereunder at the time the earnest money is paid Upon execution of this Contract, Buyer shall either complete (1) an IRS Form W-B setting forth Buyer Ia s cial security number or employee identification number or (ii) an IRS Form W-8, Certificate of Foreign Status, certifying that Buyer is not subject to backup withholding. If Buyer properly terminates the Contract, all Earnest Money shall be returned to Buyer. 2. Regarding §e-5, RIGHT TO OBJECT, CURE. Section 8.5 of the Can -act is hereby replaced in its entirety with the following: B.S. RIGHT TO OBJECT, CURE. Buyer's right to object shall includ but not be limited to, those matters listed in §73. If Seller receives notice of ++n+*er chantability of tle or any other unsatisfactory title condition or commitment terms as provided in 6 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the s M. If such unsatisfactory title condition or commitment term is not corrected to Buyer's satisfaction on ar before the seventh (7th) calendar day after the last to occur of the Title Objection Deadl no, the Survey Objection Deadline and the Off-Record Matters Objection Deadline, or on or before the C2 sing Date if it occurs earlier, or with respect to an objection made after the Title Objection Deadline t P a new Exception as contemplated by 58.1, within seven (7) calendar days after Seller's receipt of sv objection or on or before the Closing Date if it occurs earlier, then this Contract shall terminate one calendar day at the end of such time period unless before such termination Seller receives Buyer's written withdrawal of the subject objection(a) . 3. Regarding 510 PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSERABILITY, BUYER DISCLOSURE AND SOURCE OF WATER. Buyer shall have until the Inspection Objection Deadline 53), to conduct a due diligence review Of the Property. During such period, Buyer shall be entitled to review all aspects of the Property including but not limited to the following: physical inspections, radon tests, survey matters, soils tests, availability of utilities to the Property, zoning restric ions, FAR requirements, economic development aspects of the Property, and any and all other condi ions or restrictions that Buyer may deem significant in the development aspects of the Property. If written notice of any condition which Buyer, in Buyer's sole discretion, finds unsatisfactory, signed by or on behalf of Buyer is not received by 5:00 PM Mountain Time on the Inspection Objection Deadline (53) , all a acts of the Property and inclusions shall be deemed to be satisfactory to Buyer. If such notice is X ceived by the Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settle thereof on or before the Resolution Deadline (53) , this contract shall terminate three calendar days ) ollowing the Resolution Deadline; unless, within the three calendar days, Seller receives written tire from Buyer waiving objection to any .unsatisfactory condition. Buyer is responsible for and shall pa for any damage which occurs to the. Property and inclusions as a result of an inspections. Upon 'nation the earnest mon deposited PREPARED BY:Douglas L Nehasil,Broker Associate Open Addendum.Colorado Rea)Estate Commission ResIFA$T®Software,®2011,Version 6,16.Software Registered to:Michael S.Adams,EXAdams 8 Compa !fl �47 P 2 Buyers) �� OZ7111117:39; Seiler( i hereunder.shall be returned to Buyer and both parties shall be z93 eased from any further obligations hereunder. If Buyer fails to terminate the Contract as permitted above, the due diligence review shall be deemed to have been satisfied. 4. ASPEN REAL ESTATE TRANSFER TAX. Ordinance No. 20/Series 1979 of the City of Aspen, imposes a real estate transfer tax upon this transaction in the amount of one- percent (1/2%) of the purchase price of the Property, and Ordinance No. 13/Series 1990 imposes a housing real estate transfer tax in the amount of one percent (1%) of the purchase price of the Property excee g $100,000.00. Buyer and Seller hereby agsae to split the real estate transfer taxes and pay at closing. S. RADON GAS. Buyer acknowledges that radon gas does exist in Colorado. Buyer, at his option and expense, may choose as part of the inspection contingency to have a radon test performed. 6. COLORADO STATE INCOME TAB. Seller has been advised that under Colorado law (C.R.S. § 39-22.604.5), in the case of any conveyance of a Colorado real property interest tl a person or party providing closing and settlement services may be required to wa.tbhold Colorado state in ome tax equal to 2t of the sale price (or the net proceeds resulting from such conveyance, if less) what the transferor is a non-resident of. the State of Colorado. Seller shall be obligated to either comply wilh the withholding requirements of C.R.S. Section 39-22-604.5, or provide an affidavit in form and content f atisfactory to the person or party providing closing and settlement services which certifies that th Seller is not subject to the withholding requirements. 7. FOREIGN INVESTMM IN REAL PROPERTY TAX ACT COMPLIANCE/NON-E0 IGN SELLER. Seller warrants that Seller is not -a Foreign Person as defined under internal Revenue Code Section 1445 and is not subject to withholding as required therein. Seller will execute an affidavit to that effect prior to closing. 6. CLEANING. Seiler, at Seller's expense, agrees to clean the Pr party for Buyer's occupancy. All rooms of the home shall be professionally cleaned and ready for occupancy; all carpeting shall be vacuumed and all trash removed. In addition, all appliances, cabinets, ds were and all bathrooms including tubs, showers, sinks and toilets shall be clean. 9. PROVISIONS TO SURVIVE CLOSING. All agreements, representatiormi, covenants, and warranties contained in this Agreement shall survive the closing hereunder and shall n t be merged thereby. All parties further warrant that all representations and warranties made herein are true as of the date of the Agreement and will be true as of the closing hereof. BUYER DATE Douglas P. Brandamour and/or assigns SELLER DATE 7061a James C. lCilinulias PREPARED BY:Douglas t.,Nehasil,Broker Associate Open Addendun-L Colorado Real Estate Commission Rea[FASTO Software,02011,Version 6.16.Software Registered to:Michael B.Adams,BJ`Adams&Compa Page 2 of 2 02/21/11 17:39:47 Addendum B to the"Contract to Buy and Sell Real state"Dated February 21, 2011 between James C. Gianulias"Seller" and Dougims P.Brendamour Children's Trust"Buyer",for the purchase of the property Imon n as Unit 340/440 Fasching Haus East Condominium This is Addendum B to the"Contract to Buy and Sell Real Estate"Dated February 21,2011 between James C. Gianulias"Seller"and Douglas P.Brendamour Children's Trust"Buyer",for the purchase of the property own as Unit 340/440 Fasching Haus East Condominium Whereas Buyer plans to renovate Unit 350/450 and nit 340/440 and combine 350 and 340 as one unit,and 450 and 440 as a separate unit in such a way as to meet Aspen Building Code Requirements. This agreement"Contract to Buy and Sell Real Esta e"is contingent on the following being acceptable to Buyer in Buyers sole opinion 1. Buyer is able to renovate and make changes I o both units that are acceptable to Buyer. 2. Requirements to meet Aspen Building Code a acceptable to Buyer. 3. Changes and renovations desired by Buyer aje approved both by the Board of Directors of Fasching Haus East and the Aspen Building Departments. 4. The construction cost and timing is acceptab to Buyer. Buyer must notify Seller in writing prior to May 2,2)11,5pm MT if the above is acceptable or unacceptable to Buyer.If"Acceptable",both I tuyer and Seller will work to close the purchase by May 15,2011.If"Unacceptable",this agreement"Contract to Buy and Sell Real Estate"shall become terminated and null and void. This Addendum B is hereby agreed to and executed by Buyer and Seller on 'A. , day of f e-b ,2011. Seller Buyer James C. Gianulias Douglas P. rendamour Children's Trust By, 1 •G,b.., � COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 15,2011 at 8:00 AM Case No. PCT23101 W 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$870,000.00 Premium$ 1,933.00 Proposed Insured: Rate:Standard DOUGLAS P. BRENDAMOUR CHILDREN'S TRUST (b)ALTA Loan Policy-(6/17/06) Amount$0.00 Premium$0.00 Proposed Insured: Rate: (c)ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JIM GIANULIAS 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 340, tti t FASCHING HAUS EAST,A CONDOMINIUM, according to the Condominium Map thereof recorded June 26, 1969 in Plat Book 4 at Page 5 and according to the Condominium Declaration for Fasching Haus East recorded June 26, 1969 in Book 241 at Page 794 and amended by instrument recorded March 17, 1975 in Book 297 at Page 142. PITKIN COUNTY TITLE,INC. Schedule A-PG.1 601 E.HOPKINS,ASPEN,CO.81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: �- REcr� CITY ATTACHMENT 2-LAND USE A4&' At_(64�1'1 PROJECT: PIZ F-104 0' 'rt jj P4*,.Kje. wa,+4 :4+0 -mj�M r Name: Location: -7 H 7 6, Cr 0_9 f C, (Indicate street address,lot&block number,legal description where appropriate) Parcel ID#(REQUIRED) `($b 1$O -'F wit A --;F 2:11-) 1 8 -X 79 0 1>9 1 13 4.0 APPLICANT: Name: Address: 1 S a-e- k P,a C, "4 C_ WGZL41 Phone#: 0 0-r7 REPRESENTATIVE• Name: Address: 0 C',f� 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 Margin,Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment Other: R e-A e_„e-1 a ❑ Conditional Use -k+'L -F-- t4 Q—s%�40 \X- EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals,etc.) 0 (a,) (n Xt'. F -,3..J H16%A SV-7 ujt",C_L_ C -0 La e_rJ S 4L 4X -J 'ra er-.4,v_Z P 7%, PROPOSAL: (description of proposed buildings,uses,modifications,etc.) e-e wJ-qx C 0 1 -S 1-,4 Have you attached the following? FEES DUE: $ '735' Tit Z".F F c01. 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. ATTACHMENT O 4 DIMENSIONAL REQUIREMENTS REQUIREMENTS T � S O Project: t Applicant: Do.. ka s t,re a- Tr•-s-t Location: 7 7 S - e., Co . $ t 611 Zone District: L o a v— L Lot Size: 5 6j r,�. s -L:. Lot Area: (for the purposes of calculating Floor Area,Lot ea 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: Existing: r'j4 Proposed. a�^ Number of residential units: Existing: ':. Proposed. a Number of bedrooms: Existing: _Proposed. y Proposed%of demolition(Historic properties only): w«+-r ySD j>so ! Ogq .�,� 6k SDA40 l 1y `► DIMENSIONS: , - t1H�13ya I 0 q9 fb' ,;► n 3+�b I ay Floor Area: Existing.•1 �Allowable: reposed- bldg. height: Existing: ��Allowable: Proposed: Access.bldg. height: Existing: Allowable: Proposed: e°''aOS "', ;�.► rc-- CQ.a v On-Site parking: Existing: Required: Proposed: , -to r % Site coverage: Existing: Required: Proposed: sr o s %Open Space: Existing: Required: Proposed: 0 11� Front Setback: Existing: Required: Proposed: G»'+�- Rear Setback: Existing: 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: S z E e Buildings Existing non-conformities or encroachments: Variations requested: - '°�e- CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTS y . Agreement for Payment of Citv of Aspen Development Application Fees CITY OF ASPEN(hereinafter CITY)and (hereinafter APPLICANT)AGREE AS FOLLOWS: I. APPLICANT has submitted to CITY an ap lication for (�Lc-,*ry rr t r -+ TLA.uz) To,A'v� 14& it_ Cc..,do v.r.11ktJ Ir-1 Cor.► A V� try (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 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 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 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 to 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 the amount of$ 735 which is for T►,rcc43) 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$245.00 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 APPLICANT Chris Bendon Community Development Director Date: 3 a 3111 Billing Address and Telephone Number: p y IS 1 C►5 p.r�e R Q o..� 0 h o k53.1W CS-1".�� 312 —Q 0 7'7 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jessica Garow,429.2780 DATE: 3.18.11 PROJECT: Combining d Units at Faushrng House APPLICANT: Doug Brerndanm, 51M2-0W DESCRIPTION: The Applicant is seeking to Armin two units in the Fans" House. The subject property is zoned Lodge (L). The zone district includes frrd*ns on the maxh m dowabte size and the wr g of residenWil rtxaki-farnily units. Cmen>tly, the Lodge(L)zone district pemnits a mwmn muki-fanly residential unit size d 1,500 sq. ft. d net livable area (LU.C. Section 25.104.100, Defritions) unless a Historic Transferable Development Right is Rr horsed, which would enable the Grits to reach 2,000 sq. ti. net Wable. Addtio*, the cornbming of mutt arnily residential arts is subject to the growth mnanagenent review•. Demolition or mdevelopment of mu.#i-famrly housing (LU.C. Section 25.470.070. 5) and affordable housng mitigation utss the proposal is exempt from the growth managernert review order a mvtw of Mowed exer'roons. It appears that the Applicant believes the following exerrnption is applicable "The dwrlition, cmh6 d% conversion, rte, or redevvelop pent d W i-fanny Musing Units which have been used excksively as touist or by non- wor" residents. The Cormnu* De+rdq neat D recW may m*m occupancy records, leases, dfrdavks, or other documentation to the satisfaction of the Director to demonstrate the untis(s)has never h mimed a working resident. Al other reqxements d this title shall still apply it ckxIii ng zoning,growth rnanagarnert, and bolding codes." The Applicant will need to submk a lad use application with appropriate documerrabon showing that the&0Ve4d6W10ed ecemp m is met. In addition, the applicant is interested in making some exterior changes to the budding that would upict the windows. The Applicant is interested in addrg norwrthogonal windows, which does not meet the Rmder W Design Standards. The Applicant may mguest a variance from this regcirenwit. The Applicant should be am that at the time d buddrg permit the zor rg officer wN review the design to ensure it cornpies with al applicable zorwg reWremerts, mkidirg unit size and any internal connections between units. Land Use Code HYPERUW 1"://www.aspe oft.c omIDep3trr /Community-Devebp ro* Planning-ad-Zoning/Title-26-Lard-Use-Codel' httpJ/www.asoenpitkin.com/ Qg)artments/Commuxnity-Devei nwt/Planning qD ZonirdTitle-26-LaxWse-Codd Lad Use Application HYPERUW I*pJ/www.wW#Ikh=Wat*A&=/CkyrandLudApps%20ard %20Fees/larnduseappforrm.pdr http://www.aspenpitkin.com/Portals/0/docs/City/ Comdev/Apps%20and%20Fees/landuseaopf d Land Use Code Section(s) Compton Development Review Procedures 26.410.040 Residential Design Standards 26.470.070(5) Demolition or redevelopment of multi-family housing 26.710.190 Lodge zone district Review by: -Staff for c:orroete application -Case planner for deter miniatiorn Public Hearing: Not required Copies of Application: 2 Copies Includes appropriate drawing for board review(HPC= 12;PZ= 10;CC=7;Referral Agencies=1/ea.;Planning Staff=2), Planning Fees:$735(This includes three hour's of staff review time. Additional plarnirg hours over deposit anxwt are bled at a rate of$249h our) Total Depost $M To apply, submit the following information: Total deposit for review of the Wpkatim. Proof of ownership. Completed Lard Use Application Form. A sided fee agreem>ernt. A Re-Application Conference Summary. A letter signed by the applicant,with the applicaifs name,address and telephone number in a leis signed by the applicant which states the name, address and telephone number of the representative authorized to act on beW of the applicant. Street address and legal description of the parcel on which development is proposed to occur,consisting of a current oertificate from a title insurrance Wmnpany,or MM"licensed b practice in the State of Colorado,listing the mares of all owners of the property,and all rrnorigages,judgments,liens, easements,contacts and agreements affecting the parcel,and . [RA ksh- " g the owner's rig tt to apply forte Development AppkatiDn. An 81/2"by 11"vicinity map locating the parcel within the City of Aspen. A w Men description of the proposal and an explanation in written,graphic,or model form of haw the proposal complies with to review standards relevant to the development application. Please kx ksde existing dons as well as proposed. Please provide a wriben response to all q*icable criteria. LCOPM Of the complete application Packet and maps Disclaimer. The bwjomg summary is advisory in nature only and is not binding on the City. The summary is based on current zoning,which is su*c t to change in the future,and upon factual r nations that may or may not be accurate. The summary does not create a legal or vested right. Douglas P. Brendamour Children's Trust 6105 Park Road, Cincinnati 45243 The City of Aspen Community Development 130 South Galena Street Aspen, CO 81611-1975 Dear Community Development City of Aspen, Douglas P. Brendamour Children's Trust owns Fasching Haus East Unit 350/450. The unit was purchased in 2003 and has always been in the short term rental pool. To the best of my knowledge, the unit has always been rented short term. Doug Brendamour, Grantor of the above Trust is authorized to act on behalf of the Trust for all of these matters related to Unit 350/450 and the proposed acquisition of Unit 340/440, and the reconfiguration of the subject units. His address is 6105 Park Road, Cincinnati, Ohio 45243. Phone# (513) 312-0077. Sincerely, 'f". I eu�-, 0 Tom Kereiakes, Trustee Doug Brendamour, Grantor Date - � „ Date a[2-3)2-3 l 1) Page 1 of 1 Subj: Jim Gianulias Signed Document Date: 3/24/2011 1:49:52 P.M. Eastern Daylight Time From: kwalsh @gcompanies.com To: dougbrendamour@aol.com Hi Doug, Here is the signed copy of the agreement you requested. Let me know if you need anything else. Thanks! Sincerely, Karen Walsh, Executive Assistant to James C. Gianulias THREE G DEVELOPMENT 1105 Quail Street, Newport Beach, CA 92660 Thursday, March 24, 2011 AOL: DougBrendamour JIM GIAN[JLIAS P® BOX 2990 NEWPORT BEACH, CA 92658 (949) 955-3832 I, Jim Gianuhas, owner of Fasching Haus East Unit 340/440, have executed a purchase agreement with the Douglas P. Brendamour Children's Trust, contingent upon approval for reconfiguration of the two units. I hereby give Doug Brendamour authority as my representative to apply for subject zoning approvals. I have owned this unit since 1989 and have always rented it in the short term renal pool. To my knowledge, it has always been rented similarly in the past, prior to my ownership. l Signed'.! ,; L Date :4-- ✓/r{ Jim ianulias -!• .- �" - . : _ .,;" .r'�...�� 'fir 1." ,- �- - .'��.�(-7 � - :?: . ken expeamons Aspen Paragliding 970-925-8975 at the SUm1xk 1 t .� �z• ►�l x 1 Aspen§Laestylss of - , a the Rle00h a Famous Tow 564.4700 B -951-9495 Aspen Moustaie TwlFbe MAW, I ' ASPEN i �'1 e^j h` - i O LPS d 81NIUM ` 7 ST.REGIS ASPEN R 10 _ Little " Neff -_ __ The Restaurant d SL R, _. - Ramble Spa ✓- GONm _ NAIR r_... Aapan Sports HYATT GRAND ASPEN - �"" RESIDENCES AT THELfTTLENELL .. ._ ,.,. �^ THE LITTLE NELL Alai Taeem g IDY Mm YtI 5e " fa f L ( Momagm R—UL.A 8 Bar __.._ -® ®" Terraee Bar tm t� T Tkeu NORTH OF NELL BUILDING c E. DEAN ST. GONDOLA Starbu; NOITTH OF NELL CONDOMINIUMS wws PLAZA Cofles Kaean r� Aspen Sports Ski d `- Incline Sid S Goh ` S&—Cade fce R 1 I RYM Dennis Board Ariarro ��✓ t - Cellars Basso BI Adremuras Zurcher 8 CP Burger — (_ Ae[rvny IleedWerters International Attic G—rali, Aspen ��r =' _ !. Bike 6 Scooter Fantasies Aspen Jewel Box --- -- --' THE MOUNTAIN CHALET 13 Aspen High Mountain Taxi Rentals(___I 3 pen Flux Great Wall 970-925-TAXI 18296) of Shirts hmtaxLwm i AJAX MTN.BLDG. E 300'. Amen Wanly Stephen's of Aspen Horne Hamilton Sports ink,Cofloe YwtoriaS I BUSES Pomeroy Sports I Srearoot- Four-MwmainwSporh1BUO TM Ski Boot Store D SkSki b Sro too TM G.11.6.ns RUBEY PARK TRANSPORTATION CENTER r^ FT Optical Optio Belly UP RP.TA TRANS?HUB �+, m Aepan pp mA p o 925-8484 19 Mato p Noori's Collection,2nd Fl. ' •� I The Big Wrap The Shirt Man SQUARE CONDOMINIUM HOTEL Goramet Bran[m �GROVE MALL Z� Aspen Grow Fns Arta- 20 1 r^ i ���—� Upstake 8 Courtyard v J Performance Blue Gallery The Little Bird Roots Canada Sk, 2 Setter6okl David(Toria _ 6 Bngg 1 8H8 9 f $$$E INDEPENDENCE 21 MoDoneldSm Laroiani SQUARE HOTEL ; Pao Aspen Trawl r L'OccBa,e Provence 1 0 G 9 0 c e B e �~J Wagner Pm i fowp Aspen. B'JSwsl G:.gh Nuagea Optics The Vickers Christopher t j m Ecbchc Gallery Collection Martin Gallery .�L {,�� kook's � PtSMO L Mark The � 'r Rocky CaNi Austin.Ap 02 I O,dmenz 8 212GALLERY Gallery Jerretry Richards North Comparry _ at Aspen Fine Facet'a Clock Damnnmam-Pwe b Owerwear T{��}yT Summit Factory L4 fl' Tower Meridian Jewelers y {r: �.A i.i .._ t.,} Shop IA - ' HUNTER PLAZA INFORMATION COOPER A V E..MALL y MILL Fab Memlww Aspen Yam Gallery,2nd R. KIOSK - Q ; TM Red Orson Aspen Re.troor s iSPFN The Gokbn Galsrb Pitkin County Dry Goods The Sports Center HeI Bar 8 Res aurtam Sports 1 I Bough Maaimllian Chequers Paradise Bakery Mountain Man Shpt Hansen Aspen Taylor Creek Henry Ry Beguelkn , r B.,,­520 Grill mane � -Company Style � hop I— I 9. Multi-Family Replacement Exemption 8.c. The applicants for this project desire to apply for the 8.c. exemption to section 26.470.070.5 of the code. As stated in the code 8.c., this exemption is for"The demolition, combining, conversion,replacement or redevelopment of multi-family housing units which have been used exclusively as tourist accommodations or by nonworking residents". The two multi-family condo units which are being redeveloped/renovated are located in the Fasching Haus East condominiums at 747 South Galena Street, Aspen, Colorado, towards the top of the Galena Street hill. This building has been well known since its construction to be used as quality short-term rental property for the tourist industry. Prior to its recent renovation in 2009, it had a sign out in front of the rental office that described it as "Fasching Haus Condominium Hotel". The Fasching Haus building has always had a tourist rental office on the first floor of the Galena side, further enforcing its use as a tourist accommodation. This office also serves a few other rental properties on the Galena Street area. Enclosed is a letter from Doug Nehasil attesting his knowledge of the two condo units. Doug Nehasil is widely known as the "Historian" for the Fasching Haus, having worked there in many capacities, as well as having an office in the building for many years. Also,both current owners of the two (2)units have attested(see applicants letter, Section 7) that they have always rented their units in the short term rental pool, and have no knowledge that any historical owner has done differently. It is also the future intention of the Douglas P. Brendamour Children's Trust to continue to rent both units in the short term rental pool, which is currently managed by Frias Properties. �AeW Amu.on It iOmr.Growd 13 ) A D AMS .» 1) COMPANY March 16, 2011 City of Aspen 130 Galena St. Aspen CO 81611 Re: Fasching Haus #340 and #350 Occupancy History Dear Sirs; My name is Doug Nehasil, and I have been associated the Fasching Haus Condominiums since 1981 either through property rental management or real estate sales. I am very familiar with the history of occupancy of both Fasching Haus units#350 and#340. I can attest that both units have always been in the short term rental pool, even before 1981 as I knew original developer, Barbara Fasching, and the owners of each unit. The properties were originally rented through Barbara Fasching, then Condominium Rental Management (Lee Miller), then Aspen Lodging Company(Tom DiVenere), then ResortQuest and now finally Frias Properties is the rental agent. At no time were these units ever owner occupied or rented long teTM to locals. I may be reached at 970-373-1148, if you have any questions, Best Regards, Douglas L Nehasil Broker Associate B1*Adams & Company ASY iii F.H.v� �:AtiF�K F x�: � C ?�lbll 9710-922-2111 V. Pi SVUWMASS VILLAGE.MI MAX 6649 977i")3;.21 I I i ux 9 .92i?y?i uos.l�i;W;mmm�lt:roiyem�•.:+a+i rm:iN,+rlya .rxy 10. Residential Design Standards Variance Request The applicant desires a variance from the residential design standards 26.410.040.D.3.b which states: "No more than one (1) non-orthogonal window shall be allowed on each fagade of the building. A single non-orthogonal window in a gable end may be divided with mullions and still be considered one (1) non-orthogonal window". Enclosed is the proposed window (Exhibit A) on the north gable end of condo Unit 450/350 on the fourth floor. This window system was designed by Scott Smith, who was the lead architect formally with Reno-Smith Architect, LLC, who designed the complete 2009 renovation of the Fasching Haus, which included all new windows and door replacements. Enclosed is a drawing of the renovated Fasching Haus building which shows the location of this window (Exhibit B). Scott Smith also had this window design approved by the Board of Directors of the Fasching Haus. It is important to note that this window (see Exhibit B) looks out over the roof of the lower third floor section of the Fasching Haus building. The roof location limits the visibility of the window from around the building (See Exhibit C picture 4). The gable and where the window will be installed are also shown on picture 1 and 2 on Exhibit C. These pictures show that this area of the building in its current state is a negative to the architectural appearance of the building. As indicated on Exhibit B, the building has many rectangular pieces to its architecture (i.e. wood bracing structure on side gables of roof, tops of chimneys, wood bracing structure on stairways)that makes the proposed window the proper fit for the building, where an orthogonal window at this gable location would not look right. We also understand that in the past when a unit was renovated in the Fasching Haus West building(see picture 3 on Exhibit C), a variance was allowed for non- orthogonal windows because it fit the design of the building. We respectfully request this variance so that the window shown on Exhibit A may be installed as part of the renovation of the condominium unit. / 1 Ell� M E=l L-004 I n 440/450 FASCHING HAUS EAST FOURTH FLOOR CONDO UNIT n EXTERIOR ELEVATION SCALE: 1/4" V-O" 1149 SO.FOOTAGE ION 133115 u6m JeA9131S9M-PM pnoo p 9N n .L 774 III li� T. I 111 Mill 7M7 —7 fq WS ONHH Lj UOR...13 ISBA z 4�N 0.0 > > - 9mialn�lgy > q ........ Cn CIO- > cn OF 111.13,0901.1 FT- -AR-3 I" III AN INOISIA17 slNlwnjolz sNo3 Of Go_ s=, :w5' „kfF R ryw S a J r�1 M7 di , ✓46 a "•� v: n` s; r p II`I I t ss �� ��P�, � `d�,�Ik SAO'• _ , • p , $F .. N t l y�; a a a THE CITY OF ASPEN Land Use Application Determination of Completeness Date: March 31, 2011 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 0019.201 LASLU—747 S. Galena Street (Fasching House). Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) Appropriate Disclosure of Ownership, consisting of a current title certificate from a title insurance company, or attorney licensed to practice in Colorado, listing all names of all owners of the property, and all mortgages,judgments, liens, easements, contacts and agreements affecting the property. A deed for condominium unit 350 does not meet the minimum requirement. The title provided for condominium unit 340 does not provide all schedules and disclosures. 2) Proof of rental history. Additional proof is required to substantiate the claim that these two units have solely been used as tourist accommodations. Occupancy records, leases and additional affidavits should be submitted. 3) Written responses to the review criteria for variances from the residential design standards (section 26.410.020 D.1). 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. Other submission items may be requested throughout the review process ag. deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Thank You, Jennifer Phe an, Deputy Director City of Aspen, Community Development Department