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HomeMy WebLinkAboutencroachment.605 West Bleeker Street.2019RECEPTION#: 654371, R: $138.00, D: $0.00 DOC CODE: ENCROACH Pg 1 of 26, 03/06/2019 at 11:11:57 AM Janice K. Vos Caudill, Pitkin County, CO REVOCABLE ENCROACHMENT LICENSE APPLICATION For Office Use Only: I j Date Received: Z! 2-5 1 l Permit Number: INSTRUCTIONS: COMPLETE THE FOLLOWING SECTIONS AS IT APPLIES TO YOUR REQUEST THIS LICENSE IS FOR: (CHECKONEONO) ❑ PERPETUATUAL UNTIL REVOKED BY THE CITY. ❑✓ PRE-EXISTING CONDITION AND PERPETUATUAL UNTIL REVOKED BY THE CITY. VALIDATION PERIOD: REQUESTED START DATE: February 27, 2019 This Agreement made under this license and entered into this day of February 2019 , by and between the CITY OF ASPEN, Pitkin County, Colorado, hereinafter referred to as "ASPEN" and Bleeker Street LLC at 5299 Hammock Drive, Coral Gables, Florida 33156 (Print Owner's Full Name) (Print Owner's Legal Mailing Address) daytime phone number: 305-804-2100 , hereinafter referred to as "Licensee", WHEREAS, Licensee is the owner of the following described properties located in the City of Aspen, Pitkin County, Colorado Street Address: 605 West Bleeker Street, Aspen, Colorado 81611 Legal Address: Lot A, SMALL AND LARGE FRIES SUBDIVISION, according to the Plat recorded December 15, 1999 in Plat Book 52 at Page 19, Pitkin County, Colorado WHEREAS, said properties about the following described public right(s)-of-way (name of streets/alleys impacted): Yard between property line and curb along North 5th Street and West Bleeker Street. WHEREAS, Licensee desires to encroach upon said right-of-way for the following purposes and as shown and described in Exhibit "A", attached to this License. Describe Exhibit "A": Landscape & irrigation, snow melt zone within entry walkway, and mailbox (from the Exhibit to the 2015 Encroachment License Application (Reception No 636654)) and Exhibit A-1 that graphically shows Landscape & Inlgation, snow melt zone within entry walkway and planter encroachments (from December 2018 Improvenlertl Survey Plat) WHEREAS, Section 21.04.050 of City of Aspen Municipal Code delegates the authority to the City Engineer to grant encroachment licenses, WHEREAS, ASPEN agrees to the grant of a private license of encroachment as built subject to certain conditions, THEREFORE, the consideration of the mutual agreement hereinafter contained ASPEN and Licensee covenant and agrees as follows: A revocable license is hereby granted to Licensee to occupy, maintain and utilize the above described portion of public Right-of-way for the purposes described. This license is granted for a specific use and within a specified term as checked above, subject to being terminated at any time and for any reason at the sole discretion of the City Engineer of the City of Aspen. This license shall be subordinate to the right of ASPEN to use said area for any public purposes. City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 �970-920-5080 REVISED: 1212012017 s The Licensee shall obtain right-of-way and Building Permits as required by the City for any work to be performed in the public right-of- way with design approvals for such work obtained from the Engineering Department. Licensee agrees to join any improvement district formed for the purpose of constructing improvements within public right-of-way. Licensee is responsible for the maintenance and repair of the public right-of-way, together with improvements constructed therein, which ASPEN, in the exercise of its discretion, shall determine to be necessary to keep the same in a safe and clean condition. In the event that Licensee defaults in any of its duties as set forth herein, ASPEN shall have the right, upon written notification to the Licensee, to perform duties to ASPEN standards and to recover all costs for performing duties from the Licensee. Further, Licensee waives any claim for damages sustained by Licensee and Licensee shall hold the City of Aspen harmless for any claims, causes of action or damages asserted against the City of Aspen for the work performed by the City of Aspen pursuant to this paragraph. Unless the property that is the subject of this license agreement is covered by a homeowner's insurance policy, Licensee shall at all times during the term hereof, carry public liability insurance for the benefit of the City with limits of not less than those specified by Section 24-10-114, C.R.S., (currently $350,000 per person and $990,000 per occurrence) as may be amended from time to time, naming the City as "Additional Insured". Licensee shall maintain said public liability insurance coverage in full force and effect during the term of this License and shall furnish the City with a most current certificate of such coverage evidencing its validity. All insurance policies maintained pursuant to this agreement shall contain the following endorsement, "it Is hereby understood and agreed that this insurance policy may not be canceled by the surety until forty-five (45) days after receipt by the City of a written notice of such Intention to cancel or not to renew." The Licensee shall show proof of this insurance to the City before this agreement is filed. Licensee agrees to indemnify and hold harmless the City of Aspen, its officers, employees, insurers, and self-insurance, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, death, property loss or damages, a any other loss of any kind whatsoever, which arise out of or are in any manner connected with this license, including but not limited to, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or part by the act, omission, error, professional error, mistake, negligence, or other fault of licensee or the City. Licensee agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claim or demands at the sole expense of the licensee or, at the option of the City of Aspen, licensee agrees to pay City of Aspen or reimburse City of Aspen for the defense costs incurred by the City of Aspen in connection with, any such liability, claims, or demands. The licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false or fraudulent. This license may be terminated by Licensee at any time and for any reason following delivery of a written notice of Licensee's intent to cancel. ASPEN may terminate this license at any time and for any reason. Upon termination, Licensee shall at Licensee's expense, remove any improvements or encroachments from said property. The property shall be restored to a condition satisfactory to ASPEN. This license is subject to all state laws, the provisions of the Charter of the City of Aspen as it now exists or may hereafter be amended, and the ordinances of the City of Aspen now in effect or those which may hereafter is adopted. Nothing herein shall be construed so as to prevent Aspen from granting such additional licenses or property interests in or affecting said public property as it deems necessary. The conditions hereof imposed on the granted license of encroachment shall constitute covenants running with the life of improvements encroaching in public right of way, and binding upon Licensee. The encroachment shall terminate when the improvement has failed or out of compliance with required standards of performance or if it is revoked by the City, whichever comes sooner. In any legal action to enforce the provisions of this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees. If the structure for which this license was issued is removed for any reason, Licensee shall not continue to rebuild in the public right-of-way. The public right-of-way is for the general public benefit, and it is not for occupation or construction of encroachments. The licensee waives any and all claims against the City of Aspen for loss or damage to the improvements constructed within the encroachment area. `evin-ua- Sid-�e6;+ LI-C k?7 OF6AA WFOHSI-iFIt-/ AArJA� � City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 � 970-920-5080 REVISED: 12/20/2017 4 The Licensee clearly understands the following actions of Licensee or his/her agents and employees shall automatically terminate and cancel this agreement: 1) Discontinuation of insurance coverage 2) Change of ownership or alteration of use from the original specific use in encroached area 3) Restriction of ASPEN or its agents and contractors from access to its public land under the encroached area not occupied by a previously constructed building Under these circumstances, the Licensee shall restore the right-of-way under the encroachment to its original or better conditions immediately and in Vxordance with the latest Engineering Department standards for improvements of Public right of way IN WITNESS WHE'F21 PV,,�the parties executed this agreement at ASPEN the day and year first written. (Licensee signature must be notarized) THEFOLLOWING SECTION MUST BE COMPLETED BY A NOTARY PUBLIC: STATE OF eE)L6 AE) ) ss. County of Pitkirr OPAi- The foregoing instrument was acknowledged before me this Day of Y�Y 1�1 , 20�L, by Oe-'0-C , S _a (Licensee). WITNESS MY HAND AND OFFICIAL SEAL. Notary commission expires: �'ZL)120-ZZ ` (Print Licensee Name) Adriana Ruiz &tu -'L (Address) CONDITIONS of APPROVAL (if any): BY: _ CITY ASPEN, ENG DEPT (no MOT WF2....... BELOW --- Commission Expires 03/20/2022 DATE: -34� Acla. City of Aspen - Engineering Department, 130 South Galena Street, Aspen Colorado 81611 ff 970-920-5080 REVISED: 1212012017 5 r -. � ,..,.... � � ;.f � gill o1 P� 3��� � I 1. t g gill Ill p W111 s& E a> � zA O h T c �p = o�x rn v �^ DD f � a' m UL -4 O *m �' m o°a m� 1 O mrn O . 9 X • N M i _yF f ' ;p , r3BBgg33gp s 9id 1! a9p@Y p E '•; N � ���4�x�� a R ��� � a8l3 f E� �P��,"s� 34a � °�*ee EI: f3$ $ _ � g "ss tax r: 9� G1i! fs 7yy s 9EEM °,� _ .. •,�•. Et EAl�g *� ?i€ p 0 O (asuaaiZ Iuatupewaua aoiad uio.ij) V J IUIHX9 � mi 4l Pia Ili 4 of Ftj } I fit a S { Rgg S$r$q-licit Nit � � g� 3 p�8 ��a. i8F►� E iqr gT� R lit [� � � 't� � e� y ■ 9 s� 5 �[ � k r P v fill. $��� ��8 2� cq Mill, I��� iggt € :¢J1 �_ o l � _ � fit e a it I 1 11 �' € i litlit pMul ";11Jg 4 er o till iif Pit �! r �3'`.a R� H if 1 I fill I€z€ lit, •y q c• � r m 0 O ol -i x = { ce o N Z n N Gd o rm13 yea 9 c 9El on rx� ?' m 33 o 0 d �r� :: SHERMAN6HOWARD 730 East Durant Avenue, Suite 200, Aspen, Colorado 81611 Telephone: 970.925.6300 Fax: 970.925.1181 www.shermanhoward.com Thomas Lindberg Sherman & Howard L.L.C. Direct Dial Number: 970.300.0126 E-mail: tlindberg@shermanhoward.com City of Aspen Engineering Department 130 South Galena Street Aspen, Colorado 81611 TRANSMITTAL LETTER DATE: February 25, 2019 RE: Revocable Encroachment License Application - 605 West Bleeker Street I AM DELIVERING TO YOU: The Revocable Encroachment License Application for 605 West Bleeker Street, Aspen Colorado 81611 (the "Property") on behalf of the applicant Bleeker Street, LLC in anticipation of their closing on the purchase of the Property. If you have any questions, please feel free to contact our office. Sincerely, Thomas Lindberg Consulting Attorney Enclosures as recited Active/49611447.1 JAIGI AIG Property Casualty Comuany (Name of issuing company) Endorsement POLICY CHANGE NOTICE AIG Private Client Group Effective: 02/27/2019 PLEASE SEE YOUR REVISED DECLARATIONS PAGE Your Declarations Page shows at a glance the coverage you have and your premium. Your Declarations Page is part of your policy. Please read your policy carefully, including your Declarations Page and any attached Endorsements, for a description of your coverage. Policy Number: PCG 0018570885 Name of Insured Mailing Address: Jeffrey Wechsler Debra Wechsler 5299 Hammock Drive Coral Gables, FL 33156 YOUR POLICY HAS BEEN CHANGED Effective Date: 02/27/2019 Summary of Change: Add Additional Insured Changes to Annual Premium: Revised Annual Premium: $13,787.00 Premium charge for endorsement: $0.00 PCHO-CHGN (07/01) Policy Period: 02/27/2019 - 02/27/2020 At 1 2:01 A.M. standard time at your mailing address shown below Agency Name, Address, Phone # & Code: Marsh USA, Inc. - Miami Private Client Services 7201 W. Lake Mead Blvd. #400 Las Vegas, NV 89128 (305) 341-5000 - 0050163 From: 02/27/2019 To:02/27/2020 AIG AIG Property Casualty Company (Name of issuing company) AIG Private Client Group Endorsement Effective:02/27/2019 Homeowners Declarations Page Your Declarations Page shows at a glance the coverage you have and your premium. Your Declarations Page is part of your policy. Please read your policy carefully, including your Declarations Page and any attached Endorsements, for a description of your coverage. Policy Number: Policy Period: 02/27/2019 - 02/27/2020 PCG 0018570885 At 12:01 A.M. standard time at your mailing address shown below Name of Insured and Mailing Address: Jeffrey Wechsler Debra Wechsler 5299 Hammock Drive Coral Gables, FL 33156 YOU WILL BE BILLED SEPARATELY FOR ANY PREMIUM DUE. Agency Name, Address, Phone # & Code: Marsh USA, Inc. - Miami Private Client Services 7201 W. Lake Mead Blvd. #400 Las Vegas, NV 89128 (305) 341-5000 - 0050163 The kind of losses that are covered and any special limits or deductibles that apply, are explained in detail in your Policy. Summary of Coverage by Location: 605 W. Bleaker St, Aspen, CO 81611 COVERAGE PAYMENT BASIS COVERAGE LIMIT Dwelling Other Permanent Structures Contents Additional Living Expense Liability Medical Payments Guaranteed Rebuilding Cost Guaranteed Rebuilding Cost Replacement Cost A deductible of $10,000 applies to this location unless a special deductible applies. Forms and Endorsements Attached for Location: $7,750,000 $1,550,000 $5,425,000 Unlimited $ 500,000 $10,000 Location Premium: $13,787.00 PCHO-FLD (09/06), PCG-CL NO (06/06), PCHO-EB-PLUS (03/08), PCG-MAN (01 /05), PCHO-ADINLCE (09/06) PCHO-DWLL (09/06), PCHO-IEF (12/05), 91222 PCG (09/16), PCHO-AECO (10/16), PCHO-COSUM (07/17) PCG-PRIVNOT (07/16), PCG-FWCO (01 /01), PCG-OFAC (10/1 3), PCHO (09/06), PCHO-DEC1 (07/01) PCHO-CHGN (07/01) Total Premium: $13,787.00 PCHO-DEC1 (07/01) Additional Named Insured - Limited Coverage Endorsement With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. It is agreed and understood that the following person or organization is added to the policy as an additional insured for the limited coverage described below: Name of Person or Organization: City of Aspen Address: 130 South Galena Street Aspen, CO 81611 Interest: Encroachment for landscaping located within the city right o Coverage is provided under Part III. LIABILITY to the above named person or organization but only with respect to the interest as stated above arising from actions of our insured. PCHO-ADINLCE (09/06) COLORADO HOMEOWNER'S, RENTER'S AND CONDOMINIUM OWNER'S DISCLOSURE FORM THIS DISCLOSURE FORM IS A BASIC GUIDE TO THE MAJOR COVERAGES AND EXCLUSIONS IN YOUR POLICY. IT IS ONLY A GENERAL DESCRIPTION AND NOT A CONTRACT OR A POLICY OF ANY KIND. ALL COVERAGES ARE SUBJECT TO THE TERMS, CONDITIONS, SPECIAL LIMITS, AND EXCLUSIONS OF YOUR POLICY AND ALL APPLICABLE ENDORSEMENTS. PLEASE READ YOUR POLICY FOR DETAILS! THIS DISCLOSURE FORM SHALL NOT BE CONSTRUED TO REPLACE ANY PROVISION OF THE POLICY ITSELF. IN THE EVENT OF ANY CONFLICT BETWEEN THE POLICY AND THIS DISCLOSURE FORM, THE PROVISIONS OF THE POLICY SHALL PREVAIL. THIS DISCLOSURE FORM ALSO PROVIDES SOME GUIDELINES ON CANCELLATION, NONRENEWAL, INCREASE IN PREMIUM AND CHANGES IN COVERAGE. THESE FACTORS ARE GENERAL IN NATURE AND DO NOT REPRESENT THE ONLY REASONS A POLICY MAY BE TERMINATED OR CHANGED. PLEASE CONTACT YOUR AGENT OR COMPANY FOR FURTHER INFORMATION. I. BASIC COVERAGES - - HOMEOWNERS Homeowners policies include two basic sections. The first section provides protection for your home and your personal property. The second section provides protection for you when you're legally responsible (at fault) for an accident you have caused. It also includes medical payments coverage for persons, other than you or members of your household, who are injured in an accident that happens on your property. Homeowners policies do not cover automobiles. A. HOMEOWNERS - - PROPERTY WHAT /S COVERED: Your policy will pay for loss or damage to your house, your furniture, and other personal belongings when caused by a covered loss. Only limited coverage is provided for jewelry, silverware, furs, business property and other valuables. Most policies have a deductible. The deductible is the amount of the loss that you, the policyholder, are responsible for paying. Your insurer will pay for the rest of the covered loss up to the limits on your policy. Your policy also will pay for additional living expenses if a covered loss renders your home uninhabitable and you must temporarily live elsewhere. This coverage pays, for a specified period, for reasonable and necessary extra living expenses you incur over what you would have PCHO-COSUM (07/17) Page 1 of 4 normally spent to maintain your standard of living if no loss had occurred. EXCLUSIONS -- WHA T /S NOT COVERED: The policy does not provide coverage for all possible losses. The following are examples of some of the losses that are NOT covered: 1. Loss or damage that an insured intentionally causes; 2. Flooding, earth movement, settling, cracking, bulging, shrinkage or expansion of the structure, other structures or of pavements, driveways or sidewalks; 3. Pollution and contamination; 4. Birds, vermin or house pets; B. HOMEOWNERS - - PERSONAL LIABILITY WHAT /S COVERED: If this coverage is purchased for an additional premium, your policy pays for bodily injury and property damage to another's property, for which you or a member of your household is legally responsible (at fault). This includes the cost of defending you or a member of your household in a liability lawsuit. There is no liability of medical coverage included in your policy unless you have selected one of the available limits and paid the additional premium. EXCLUSIONS - - WHAT /S NOT COVERED: The following are examples of some of the liability exclusions: 1 .Any loss that an insured intends or should expect to happen; 2.Bodily injury to an insured person or property damage to an insured person's property; 3. Damage which results from the ownership or use of an automobile and other types of motorized land vehicles, aircraft or certain watercraft; 4. Liability resulting from the transmission or exposure of a communicable disease or sexual molestation. II. BASIC COVERAGES - - RENTER'S POLICY AND CONDOMINIUM OWNER'S POLICY PCHO-COSUM (07/17) Page 2 of 4 A. RENTER'S POLICY A renter's (or tenant's) policy provides coverage for your personal property and for your personal liability in the same way that a homeowner's policy does. The general coverages for causes of loss are the same under a renter's policy; however, the building you live in is not covered. The amount of protection you choose will depend upon the value of the personal property you wish to insure. B. CONDOMINIUM UNIT OWNER'S POLICY A Condominium Unit Owner's policy is similar to a renter's policy in that it provides coverage for your personal property and personal liability. It differs, however, in that it also provides coverage for building items, including additions and alterations you make to your unit, that are your insurance responsibility under the governing rules of the condominium association. There also may be coverage for loss assessments levied on the unit owners by the condominium association. 111. CANCELLATION, NONRENEWAL, INCREASE IN PREMIUM AND CHANGES IN COVERAGE A. CANCELLATION AND NONRENEWAL You may cancel your policy at any time by writing to your company and indicating the date the cancellation is to take effect. Your company may choose to cancel or nonrenew your policy. If your policy is cancelled or nonrenewed, you will receive advance notice. Some examples of reasons for cancellation and nonrenewal include, but are not limited to: 1. Failure to pay your premium when it is due; 2. Knowingly making a false statement or a material misrepresentation on your application for your policy; 3. A substantial change in the use or occupancy of the premises. B. INCREASE IN PREMIUM Conditions that may increase your premium include, but are not limited to: 1 . Change of use of your home or premises; 2. A general rate increase. This results from the loss experience of a large group of policyholders rather than from a loss suffered by an individual policyholder. A general rate increase applies to many persons in the group, not just those who had losses. PCHO-COSUM (07/17) Page 3 of 4 3. Adjustment for inflation. Some companies include inflation coverage in their policy. This coverage can automatically increase the amount of your insurance coverages as inflation pushes up the cost of replacing your home. The increases may be based on a construction cost index and may be reflected in the premium on each renewal date. No additional premium is charged for increases made during the term of the policy. C. CHANGES IN COVERAGE A number of situations may change the insurance coverage you have. For example, you may choose to change the type of coverage you have, increase or reduce your limits or deductibles, or add optional coverages. These factors are general in nature and do not represent the only reasons a policy may be changed. Please contact your agent or company with any questions about changes in coverage that you wish to make or about changes that your company has made. IV. LOWERING YOUR COSTS Although the general classifications used by insurance companies to set rates may be beyond your control, it is possible to reduce the cost of your homeowners insurance without giving up necessary protection. Here are some tips: Take the Highest or Broadest Deductible You Can Afford Insurance should protect you from major losses. Choosing a higher deductible may result in lower premiums. Insurance rates are higher for some type of buildings. Ask If You Are Eligible for Discounts. Some companies may offer discounts for characteristics which make your property subject to less chance of a loss. These may include discounts or credits for a new home, if you have no recent losses, for being a non-smoker, if you are over a certain age, or if your home has smoke alarms, automatic fire sprinkler systems, and/or burglar alarms. Compare Coverages, Premiums, and Service When You Shop for Insurance. PCHO-COSUM (07/17) Page 4 of 4 DEDUCTIBLE WAIVER FOR LARGE LOSSES With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. As respects the following location(s): 605 W. Bleeker St Aspen, CO 81611 It is agreed and understood that for the premium charged Part II - PROPERTY. B. Payment of a Loss, Deductible is deleted and replaced with the following: Deductible The deductible shown on the Declarations Page is the amount of a covered loss you will pay for each occurrence. The deductible does not apply to a covered loss of more than $50,000. This waiver of deductible does not apply to: 1. Special deductibles for wind, hurricane, hail or earthquake; or 2. Separate coverage deductibles contained within the Equipment Breakdown or Fraud Safe- guard endorsements. PCHO-DWLL (09/06) EQUIPMENT BREAKDOWN COVERAGE PLUS With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. As respects the following location(s): 605 W. Bleeker St Aspen, CO 81 61 1 The following additional coverage is added to the AIG Private Client Group Homeowners policy. AGREEMENT We will provide the insurance described in this endorsement in compliance with all applicable provi- sions of this policy. Coverage provided under this endorsement does not increase any limit of liabil- ity under Part II, PROPERTY. DEFINITIONS The following definitions are added: 1. Accident means sudden and accidental: a. mechanical or electrical breakdown; or b. tearing apart, cracking, burning or bulging of a steam or hot water heating system, or an air conditioning system; that results in direct physical damage to covered equipment. 2. Computer equipment means electronic data processing hardware and related peripheral equip- ment. This includes, but is not limited to, laptops, monitors and display screens, media, key- boards, printers, modems and permanently installed wiring associated with such equipment. Covered equipment a. Covered equipment means property that generates, transmits or utilizes energy; or which, during normal usage, operates under vacuum or pressure, other than the weight of its con- tents; and that is: (1) part of your house or other permanent structures; (2) computer equipment; or (3) home theater and audio system equipment. b. None of the following is covered equipment: (1) supporting structure, cabinet or compartment; (2) insulating material; (3) sewer piping, buried vessels or piping, or piping forming a part of a fire protective sprin- kler system; (4) water piping other than boiler feedwater piping, boiler condensate return piping or water piping forming a part of a refrigerating or air conditioning system; (5) kitchen or laundry appliances, other than those permanently installed, including but not limited to, refrigerator, dishwasher, oven, stove, clothes washer or clothes dryer; (6) personal electronic devices; (7) software or electronic data; (8) pinball machines, arcade electronic games or video gaming systems; (9) property used at any time or in any manner for business; PCHO-EB-PLUS (03/08) Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (10) property not owned by an insured person; or (1 1) property not at a residence unless the property is at a location listed on the Declarations page of this policy and is property that is used for incidental Business. 4. Home theater and audio system equipment means electronic entertainment equipment. This in- cludes, but is not limited to, televisions, projection equipment, receivers, amplifiers, sound pro- cessors, turntables, recording and playback devices, speakers, controls, lighting and perma- nently installed wiring associated with such equipment. 5. Media means material on which data is recorded. This includes, but is not limited to, magnetic tapes, hard drives, optical storage drives and CD/DVD drives. 6. One accident means: If an initial accident causes other accidents, all will be considered one acci- dent. All accidents that are the result of the same event will be considered one accident. 7. Personal electronic device means any device that transmits, receives, enhances, displays or stores electronic data and that is primarily designed and intended to be handheld and used by one person at a time. This includes, but is not limited to, personal digital assistants, cameras, camcorders, cell phones and personal listening devices. PROPERTY COVERAGES 1. We will pay for direct physical damage to covered equipment that is the result of an accident. The most we will pay for loss, damage or expense arising from any one accident is the applica- ble amount of coverage shown on the Declarations Page for your house. 2. Additional Living Expense Coverage for Additional Living Expense, as provided under C. Additional Coverages, is extended to the coverage provided by this endorsement. We will pay up to the limit that applies to Addi- tional Living Expense. EXCLUSIONS The following exclusions are added: 1. We will not pay under this endorsement for loss, damage or expense caused by or resulting from electrical power surge or brownout. 2. We do not cover under this endorsement any property that is not covered equipment. 3. We will not pay under this endorsement for loss, damage or expense caused by or resulting from any defect, programming error, programming limitation, computer virus, malicious code, loss of data, loss of access, loss of use, loss of functionality or other condition within or involving data or media of any kind. But if an accident results, we will pay for the resulting loss, damage or expense. DEDUCTIBLE The following deductible provision replaces any other deductible provision in the policy or on the Declarations Page with respect to loss covered under this endorsement. In case of a loss under this endorsement, we will pay only for that part of the loss over $1,000. No other deductible applies to this coverage. PCHO-EB-PLUS (03/08) Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This deductible applies to the affected equipment regardless of any other deductible in this policy or any other policy. Your homeowner deductible will apply to any ensuing loss, but will be reduced by this deductible amount. If the deductible waiver for large losses endorsement was selected, that endorsement will not apply to this coverage. CONDITIONS The following conditions are added: 1. Environmental, Safety and Efficiency Improvements If covered equipment requires replacement due to an accident, we will pay your additional cost to replace with equipment that is better for the environment, safer or more efficient than the equipment being replaced. However, we will not pay more than 125% of what the cost would have been to replace with like kind and quality. This condition does not increase any of the applicable limits. 2. Payment of a Loss Losses under this endorsement will be settled as follows: a. Our payment for damaged covered equipment will be the smallest of: (1) The applicable coverage limit; (2) The cost to repair the damaged covered equipment; (3) The cost to replace the damaged covered equipment on the same premises; or (4) The necessary amount actually spent to repair or replace the damaged covered equipment. b. Except as described in Environmental, Safety and Efficiency Improvements above, you are responsible for the extra cost of replacing damaged covered equipment with property of a better kind or quality or of a different size or capacity. c. If you do not repair or replace the damaged covered equipment within 24 months, after the date of the accident, then we will pay only the smaller of the: (1) Cost it would have taken to repair at the time of the accident; or (2) Actual cash value at the time of the accident. PCHO-EB-PLUS (03/08) Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Flood Coverage With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. As respects the following location: 605 W. Bleeker St Aspen, CO 81611 Flood Zone Assignment: X I Flood zone B, C, or X Flood zone A or V Flood zone D As respects Flood coverage provided by this endorsement, PART I - DEFINITIONS is amended to include the following: Flood means: 1 , A general and temporary condition of partial or complete inundation of normally dry land area from: a. Overflow of inland or tidal waters; b. Unusual and rapid accumulation or runoff of surface waters from any source; or c. Mudflow. 2. Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cycli- cal levels that result in a flood as defined in 1.a. above. All flooding in a continuous or protracted event will constitute a single flood. Landslide means the rapid movement of a mass of soil downslope along a curved or planar failure surface, without deformation of the soil structure. Mudflow means a river of liquid and flowing mud occurring on level or near -level surfaces of nor- mally dry land areas that have not been affected by landslide, as when earth is carried by a current of water. Other earth movements, such as landslide, slope failure, or a saturated soil mass moving by liquidity down a slope, are not mudflows. National Flood Insurance Program (NFIP) means the program of flood insurance coverage and flood - plain management administered under the Act and applicable Federal regulations in Title 44 of the Code of Federal Regulations, Subchapter B. Special Flood Hazard Area (SFHA) means an area having special flood, or mudflow, and/or flood - related erosion hazards, and shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map as Zone A, AO, Al-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE, or V. PCHO-FLD (09/06) Page 1 of 5 PART II - PROPERTY, C. Additional Coverage is amended as follows: The following Additional Coverage is added Flood We will pay for physical loss or damage to your house, contents or other permanent structures including debris removal caused directly by flood unless an exclusion applies. The Flood Insurance Rate Map (FIRM) in place as of the effective date of the policy or re- newal term determines the amount we will pay for a covered loss. Payment of a Loss: For your listed residence located in a desipnated B. C or X flood zone eligible for the Preferred Risk Program of the NFIP: 1. We will pay up to the lesser of the coverage limit shown on your Declarations Page or $250,000 for property damage to your house and other permanent structures. These payments do not increase the amount of your coverage. We will pay up to the lesser of the coverage limit shown on your Declarations Page or $100,000 for property damage to your contents located at the covered residence. These payments do not increase the amount of your coverage. 3. We will pay up to $250,000 for Additional Living Expenses, which consist of: a. Extra living expenses - the reasonable increase in living expenses incurred by you to maintain your household's usual standard of living if your residence is uninhabitable. Payment will continue for the shortest reasonable amount of time necessary to restore your residence to a habitable condition or for your household to relocate elsewhere. Extra living expense payment will be made up to a maximum of one (1) year from the date of a covered flood loss. b. Loss of fair rental value - if you are not able to rent out your residence, or part of your residence, that you usually rent to others, we will pay the fair rental value for the reasonable amount of time necessary to restore your residence or that part of your residence to a habitable condition. Fair rental value payments will be made up to a maximum of one (1) year from the date of a covered flood loss. c. Forced evacuation - if you are forced to evacuate your residence as a direct result of loss or a reasonable threat of loss due to flood, we will reimburse you for the reasonable increase in your living expenses necessary to maintain your household's normal standard of living for up to thirty (30) days. These payments do not increase the amount of your coverage. 4. We will pay up to $75,000 for the extra expense to obey any law or ordinance that reg- ulates the repair, rebuilding or demolition of property damaged by flood. These pay- ments do not increase the amount of your coverage. 5. We will pay up to $25,000 for the expense you incur for a structural engineering inspec- tion to determine whether your house or other permanent structure is safe to occupy; and, if required, the demolition of your house or other permanent structures when an or- der of structural condemnation is issued by a public entity. These payments do not in- crease the amount of your coverage. PCHO-FLD (09/06) Page 2 of 5 6 We will pay up to $10,000 for the expense you incur to protect your residence from a flood or imminent danger of flood. These payments do not increase the amount of your coverage. Your deductible does not apply to this coverage. For your listed residence located in a designated Special Flood Hazard Area flood zone D ❑r a B, C or X flood zone not eligible for coverage in the a Preferred Risk Program of the NFIP: The coverage limits specified below will be reduced by any payments available through the NFIP policy insuring the residence or if the residence is ineligible for an NFIP policy or eligible to be written under an NFIP policy but there is no such policy in effect, then we will pay only for the amount of loss in excess of the maximum limit that can be insured under the NFIP policy. If we provide broader coverage than the NFIP policy, we will pay the difference in conditions not to exceed the limits defined below whether or not you can collect on the NFIP policy. The most we will pay for each occurrence is as follows: 1. We will pay up to the lesser of $250,000; the "Coverage A - Building Property Limit" listed on the most recent NFIP Declarations Page; or the coverage limit shown on your Declarations Page for property damage to your house and other permanent structures. 2. We will pay up to the lesser of $100,000; the "Coverage B - Personal Property Limit" listed on the most recent NFIP Declarations Page; or the coverage limit shown on your Declarations Page for property damage to your contents located at the covered residence . 3. We will pay up to $250,000 for Additional Living Expenses, which consist of: a. Extra living expenses - the reasonable increase in living expenses incurred by you to maintain your household's usual standard of living if your residence is uninhabitable. Payment will continue for the shortest reasonable amount of time necessary to restore your residence to a habitable condition or for your household to relocate elsewhere. Extra living expense payment will be made up to a maximum of one (1) year from the date of a covered flood loss. b. Loss of fair rental value - if you are not able to rent out your residence, or part of your residence, that you usually rent to others, we will pay the fair rental value for the reasonable amount of time necessary to restore your residence or that part of your residence to a habitable condition. Fair rental value payments will be made up to a maximum of one (1) year from the date of a covered flood loss. c. Forced evacuation - if you are forced to evacuate your residence as a direct result of loss or a reasonable threat of loss due to flood, we will reimburse you for the reasonable increase in your living expenses necessary to maintain your household's normal standard of living for up to thirty (30) days. These payments do not increase the amount of your coverage. 4. We will pay up to $75,000 for the extra expense to obey any law or ordinance that reg- ulates the repair, rebuilding or demolition of property damaged by flood. These pay- ments do not increase the amount of your coverage. 5. We will pay up to $25,000 for the expense you incur for a structural engineering in- spection to determine whether your house or other permanent structure is safe to occu- py; and, if required, the demolition of your house or other permanent structures when an order of structural condemnation is issued by a public entity. These payments do not increase the amount of your coverage. PCHO-FLD (09/06) Page 3 of 5 6. We will pay up to $10,000 for the expense you incur to protect your residence from a flood or imminent danger of flood. These payments do not increase the amount of your coverage. Your deductible does not apply to this coverage. PART II - PROPERTY, D. Exclusions, is amended as follows: A. The following exclusion is deleted in its entirety and replaced as follows: 1. Surface and Ground Water Damage We do not cover any loss caused by: a. Flood, surface water, waves, tidal water overflow of a body of water, or spray from any of these, whether or not driven by wind; or b. Water below the surface of the ground, including water which exerts pressure on, or seeps or leaks through a building, sidewalk, driveway, foundation, swimming pool or other structure. This exclusion does not apply to: a. Contents away from any residence you own or live at; b. Ensuing covered loss unless another exclusion applies; or c. Coverage provided under PART II - PROPERTY. Additional Coverage. Flood. B. With respect to Flood coverage, the following exclusions are added: 1. We do not cover any loss or property damage caused by or resulting from any flood that is already in progress at the time and date: a. the policy term begins; or b. coverage is added at your request If the flood is due to the overflow of inland or tidal waters, then the flood is considered to begin when the water first overflows its banks. 2. We will not pay that part of the loss that is attributable to any Deductible(s) in the NFIP policy. 3. We do not cover any loss or property damage caused by or resulting from earth movement, such as landslide, slope failure, or a saturated soil mass moving by liquidity down a slope whether caused directly or indirectly by flood. PART IV - CONDITIONS, is amended as follows: The Other Insurance provision is deleted and replaced by the following: Other Insurance For your listed residence located in a designated B C or X flood zone eligible for the Preferred Risk Program of the NFIP or in flood zone D: If a loss covered by this policy is also covered by other insurance, we will pay only the proportion of the loss that the limit of liability that applies under this policy bears to the total amount of insurance covering the loss. PCHO-FLD (09/06) Page 4 of 5 For your listed residence located in a- designated Special Flood Hazard Area or a B C or X flood zone not eligible for coverage in the Preferred Risk Program of the NFIP: Payments under this coverage are in excess over the payments made by the NFIP policy. This provision applies whether or not the maximum NFIP limit was obtained or maintained, and whether or not you can collect on the NFIP policy. PCHO-FLD (09/06) Page 5 of 5 FRAUD WARNING - COLORADO It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. PCG-FWCO (01 /01) INCREASED ENSUING FUNGI OR BACTERIA COVERAGE With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. As respects the following location(s): 605 W. Bleeker St Aspen, CO 81611 It is agreed and understood that: PART II - PROPERTY C. Additional Coverages Ensuing Fungi or Bacteria, is deleted and replaced with the following: Ensuing Fungi or Bacteria We will pay up to $25,000 in total for loss to your house, contents and other permanent structures caused by fungi or bacteria resulting from a covered loss, including: 1 . The cost to remove, clean-up, remediate, contain, treat, detoxify, neutralize, fungi or bacteria; 2. The cost to tear out and replace any part of the building or other covered property as needed to gain access to the fungi or bacteria; 3. The cost of testing or monitoring of air or property to confirm the absence, presence or level of fungi or bacteria whether performed prior to, during or after removal, repair, restoration or replacement. The cost of such testing will be provided only to the extent that there is a reason to believe that there is the presence of fungi or bacteria; and 4. Up to $5,000 for the reasonable increase in living expenses incurred by you to maintain your household's usual standard of living if your residence is un- inhabitable. Payment will continue for the shortest period of time necessary to restore your residence to a habitable condition. This is the most we will pay regardless of the number of occurrences, the num- ber of locations insured, or the number of claims made. We will not make any additional payments for ensuing fungi or bacteria under any other Additional Coverage. These payments do not increase the amount of coverage. PCHO-IEF (12/05) Endorsement to Policy #: PCG 0018570885 Policy Period: 02/27/2019 - 02/27/2020 Endorsement Effective Date: 02/27/2019 MANUSCRIPT ENDORSEMENT With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. Name of Insured and Mailing Address Agency Name, Address, Phone # & Code Jeffrey Wechsler Debra Wechsler 5299 Hammock Drive Coral Gables, FL 33156 Marsh USA, Inc. - Miami Private Client Services 7201 W. Lake Mead Blvd. #400 Las Vegas, NV 89128 (305) 341-5000 0050163 Manuscript Coverage INSURED PERSON ENDORSEMENT With respect to coverage provided by this endorsement, all provisions and conditions of the policy apply unless they are changed by this endorsement. PART I- DEFINITIONS, is amended to include the following; The following entity is included as an Insured Person with respects to your house and other permanent structures located at the following address: Name of Entity: Bleeker St. LLC Residence Address: 605 W. Bleaker St. Aspen, CO 1611 Furthermore, if the Insured Person is a limited liability corporation, the members and managers of the limited liability corporation are also Insured Person(s). If the Insured Person is a trust, the trustees are also Insured Person(s). PART III — LIABILITY, section A. Insuring Agreement is amended to include the following; Additionally, we will pay damages an Insured Person is legally obligated to pay for personal injury and property damage caused by an occurrence covered by this policy unless stated otherwise or an exclusion applies. Coverage for the Insured Person listed above only applies to an occurrence arising out of the ownership of the named residence listed on this Insured Person Endorsement. PCG-MAN (01 /05)