The URL can be used to link to this page

Home My WebLink Aboutcoa.lu.co.406 E Hopkins Ave 0064.2010 4 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0064.2010.ASLU PARCEL ID NUMBERS 2737.0733.0006 PROJECTS ADDRESS 406 E HOPKINS AVE PLANNER D.A. CASE DESCRIPTION AMENDMENT TO CONOMINIUM TEXT MAP REPRESENTATIVE DATE OF FINAL ACTION 8/26/2013 `I�ou,*T�Jt Z b 2 31 ^o'1-33— o00 p C? Eile Edit Read Navote Farm Reports Format Tab Hey �':1>XPti. ►J _j El Cleo Rmjbrg Status Fees Fee Swunary 7 go Atteiments I y yAAbon ArchlEng Custorn Fields Sub Permks Parcel pe aslu Aspen Land Use W# 064.2010.ASLU Adt o 06 E HOPKINS AVE �� owl ASPEN UeE] ZQ 81611 Pa(mrt�FO MEW PM(— { aslu07 ppp&a� 10I11I2010 L-- s pending Approved pescroan APPLICATION FOR AMENDMENT TO CONOMINNM TEXT MAP-ISIS TI•EATHER Iced Final Umbd�— dodo pays F70 Expires 10116!2011 Owner Li S t name PROPERTY GROUP,LLC7 First name 9 PYRAMID RD ASPEN CO 81611 Phone 246)709-6009 Address Applicant p Owner b v*ant? [)Conlrwor 4 appVoant? Last name JISIS PROPERTY GROLIP,LL First name 9 PYRAMID RD ASPEN CO 81611 Phone (248)T09SD09 Cust 128921 Address Lender Last name First name Phone ( ) Address D isoays the permi lender's address AspenGold5(server) angelas l of 1 =5-7 :3 � � FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS Nil THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A, UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5 « # LOTS L, M, AND N, BLOCK 67, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO LEO= SHEET I OF 5 YJ $-a SMECT �� S'eT'r'1�•E ¢ _ ..o oov rvucs ue PROPERTY ar<...0 FYT£RNW VIIIOOW Af0 ODOR OETUI y/ S � � (5CE7 � ` � .°wrr Lm„�" n x °��+vs aN.wn xm /3 l� f •9wm,c n vi,[,�PV s t A9 w�i n�nais�m¢66s M L w�wr � warurr MAP uge�m,s ax[ ona ai rn� i � i _ o wmsa usu�a'T Av�. tim¢ia*t .iw� / swuc tip07G.i.Z.�1➢.c { fqu nw¢°u 99oc uw.mo fR.uE r , p wew,a�m, rsw x asa a.,[ae // ,u 11IlLBA4LEtli uu�x¢o u�hies zg 1 Mn aaa<s w_a Z Y S Am,� �».� $ _ � CL W I 111 = nri.ait2 W ZOT SHEET INDEX ` LOp SHEET i COVER - STIE67'2 PLAN a Lpp SHUT 3 PLAN 4 S SHEET 4 PLAN end ETBVATTON SHEET 5 ELEVATTON ) ' i aasraTt,m.x.T w.m ac,x a or "� URi d..k.+,.t.n<s•..b °nn�iie�e�iL.,¢`� g� u �,g� 0 �°�°°'zm��i mx¢m...w.e`.m.a m'¢°m r:ramn"'.�n••a ,<.susri you 1 ".".�`�•'�,••"° � � i GRAPFOC SCALE .no.rECr uo. 3 ��►: o.¢<n.��.�„°�>yd ,n v�tlYR Ba1C a<. �� ,' � aos�'oo $• ,4u ml's ¢s, M�i ur.�er. -PSG y - s�m sor l x ~ ..../��1 /A FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS d THE PURPOSE OF THIS PLAT IS TO DMDE COMMERCIAL UNIT A INTO UNIT A, UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5. LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN. COUNTY OF PITKIN, STATE OF COLORADO z� SHEET 2 OF 5 PIJC ¢' ALLEY BLOCK 87 ALLEY BLOCK 87 .T,CCTMC w - NTTF� � - Tz,- _ 9 R[F�EGE ST(;Rn(:E o MEi.r ANiGAI. .;.C.E.) El'CA L rA STCRACE S SI(Nt "'sd m STAIRS ! 71T .=.) E r❑ L - 0..I E)uNn A 1 iG_cE)1 = § (;rE, - I;¢* ¢ - J ; �, z9 ,SO �--f oR.NEL_ -Y L o� .r �:[ Z $ 8 COMMERdME UNIT A _ s L I ;-' COUMERCIAL UMT A ^ �m ro 12 3 - , (GC_E-) UNI A F4 T.l0 K T r ) T ° j S ESMT.fOn I COAL UNIT A -'A—uAev y A I LOT L LOT M LOT Nb3 L,c, ( ' I LOT N q MECHA CAL M (G c o Y e ¢9� o 8 €u s LOWER LEVEL PLAN LOWER PROJECTION PLa N o�ZI w Q sn[ TC n� Q J;t{•��g ■1T11.00 OM] y 2015 FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A, UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5. ` f' LOTS L, M. AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO ate` SHEET 3 OF 5 } a)r.FY BLOCK 87 ALLEY BLOCK 87 � a Enr— U U W W �T 5 Alk� I -P>�.h NREA el• 3 -x1.9' x3.. SC uECM—c" (G CE) Y2Y "'2' 11.3' _ o -� '• 131 Q .Eaox.� �Arvaoau.rz �I,asE�/ F s.o' _RSE-; R EminoEx I:.Li sraA4 CUNT A-AL - UBE A-3 CpWER-AL COMMERCIAL A-3 COLMT A-2 BELOW $ UWT A-} UWT A-2 LIMIT A-2 s.r W nT--� W COMMERCIAL UWT A -CO Z UNIE A-2 S wAU IT A-2 ggqppp yE BELOW COMMERCIAL UNIT A W $ = 8 I % E 6 vwu x..e wAu E s BASm«� j LEIATO T LEVAT F COMMERCIAL y I I COMMERCIAL AL UT COMMERCIAL �I c AL UNIT�SaA4D aN 1.5 '{---... s UNIT A-J bs ppapp� - ASTR BELOW 55 ' LO L r LOT M LOT N LOT L coMME I , LOT M LOT N q o 8 Jo.0 UWT A 1{ caMMENaAL II BELOr� uwr A-} x coMwERpAL ' (c.c.E) orE.N ro BELOW UWT A-3 x. O rn� 2Q 8.< t0.Y Ir 37 Ut i o r eo.s' I U r 0 0870 La g U t+ no 2 Maw LEVEL PLAN UPPER PROJEMON PLAN e �° b g° �o•En,.00 as FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS $g s THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A, UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5. y- LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO 3N SHEET 4 OF 5 !7e / � 3 ALLEY BLOCK 87 RESIDENTIAL W8T C ESID NTI l SNIT 0 121 I� C STORAGE_p,INERC1Al QBDf UNIT A-3 K Zti Q Q rUWT A-2 L b.0' RFSIOFNT�TIA1 SNIT C aTAEET—1 AOD.51 r r -%'-ia- z ENTRANCE n (G.C.E.) COMME CIAL UNIT A ig ie t PATIO W PATIO U S (G.GE.) (G.C.E.) - Z _,rte E SECTION A— / ry Z r�.T•�r 48.4' // � }QjjE P PATIO (LC. UNIT 13 E NOE3�,yt1 T B ;L.'.E.UNIT?� (U.:..F (f..('F / R NEQD TI yNIi B / / A 0 ,v- (0 C.E.) U _ LOW (G C.E) -,w-n- LOT K �i ! / LOT L % / i i/SLOT/M j UNIT A-3 UNIT A-2 /(L E.UMi E.LN/ T B) S IT- / PLANTER / / LOT N S ucR_ NIT'A - • J uu = W r IT (JPPER LEVEL PLAN w .8 oi SECTION B- S� tl� 2D FIRST AMENDED CONDOMINIUM MAP OF THE ISIS THEATER CONDOMINIUMS THE PURPOSE OF THIS PLAT IS TO DIVIDE COMMERCIAL UNIT A INTO UNIT A, UNIT A-2, AND UNIT A-3 AS SHOWN ON SHEETS 3, 4 AND 5. $ LOTS L, M, AND N, BLOCK 87, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO /dry n j� e SHEET 5 OF 5 t" 6 AN-ER T Nii E' -1c Ano - + r RESIOFitiK n s(GGEJ sTURgl C�_ _t KCttN11CK � $4!a 10• UNIT A-2 .-...E 1 z i IF. '-IO" .IOV'-S COrIFIiCIA, .� i A '� QD"ERICA-I UNIT A QOIIM�� UNIT A-2 4 CUNIT ACAL w UNIT A-2 RAMP $TNR 91 F.F. FF IW-d" F F.IOR-O" G.,.C.' s1REFT fl£v.+1Y0A5. Z L r sTfSET F1EV._)gpLS,' R, Z UNIT (GGE) / MERICAI UNIT A O (GGE> U G E_; F.G.- 4-5" F,Fr-]S-a" SECTION D-D SEA ON E-E SECTION C-C S q S tl o �g 'o � a �Z ;h �z a --:��:;;.mot� ,� ._► sus KLEIN, COTE & EDWARDS, LLC ATTORNEYS AT LAW HERBERT S.KLEIN hsk q,.kcelaw.net 201 NORTH MILL STREET,STE.203 LANCE R.COTE,PC* IrcLvkcelmv.net ASPEN,COLORADO 81611 JOSEPH E.EDWARDS,III,PC jee@)kcelaw.net TELEPHONE:(970)925-8700 EBEN P.CLARK epeggkeelawmet FACSIMILE:(970)925-3977 COREY T.ZURBUCH ctzLc kcelaw.net MADHU B.KRISHNAMURTI mUCkulaw.net DAVID C.UHLIG dcu lvkcelaw net RECEIVED *also admitted in California OCT 21 2010 October 19, 2010 CITY OF ASPEN COMMUNITY DEVELOPMEIN V City of Aspen Planning and Zoning Commission c/o Jennifer Phelan, Deputy Director 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Application for Amendment to Condominium Isis Theater, 406 E. Hopkins Ave, Aspen ("the Project") Dear Jennifer: This letter is the application and written description for the administrative review of the First Amendment to the Isis Theater Condominium Declaration and Map pursuant to the City of Aspen Land Use Code. I. Introduction: The owner of the property in question is The City of Aspen Public Facilities Authority, acting through the City of Aspen City Council ("City"). This Application is submitted on behalf of the Isis Theater Condominium Association, Inc. Pursuant to the terms of the Memorandum of Understanding between the City and the Isis Property Group, LLC ("IPG") dated November 29, 2006 ("MOU") and the sublease entered into between the City and Isis Retail Group, LLC ("IRG"), the latter entities are to act as Applicant for the purposes of this application. (IPG and IRG may be referred to herein collectively as "Applicant"). Our firm, Klein, Cote & Edwards, LLC, 201 N. Mill Street, Suite 203, Aspen, Colorado 81611 is authorized to act on Applicants' behalf with regard to the Project. Please address all correspondence regarding this application to our firm and to my attention. The subject property is commonly know as the Isis Theater and is located at 406 E. Hopkins Ave, Aspen. The parcel number for Unit A, the unit to be modified, is 273707330006 and the legal description is: Commercial Unit A, Isis Theater Condominiums, as described in the Condominium Declaration for Isis Theater Condominiums, recorded on December 9, 1999 at Reception No. 438433 of the real property records of Pitkin County, Colorado, together with the Condominium Map of the Isis Theater Condominiums, Recorded December 9, 1999 in Plat Book 52 at Page 1 of the Real Property Records of Pitkin County, Colorado The Isis Theater Condominiums are also generally known as: Lots L, M and N, Block 87, City and Townsite of Aspen, County of Pitkin, State of Colorado ("Property"). A recent ALTA Commitment for Title Insurance issued by Fidelity National Title Insurance Company is attached hereto as Exhibit C ("Commitment"). Schedule B-2 to the Commitment lists the exceptions to title in the Property. A vicinity map is attached as Exhibit D. A table of contents listing all of the exhibits hereto follows this letter. II. Present Application: The present application is for administrative review of the First Amended Condominium Map of the Isis Theater Condominiums ("Amended Map"). The Amended Map divides Unit A into Units A, A-2 and A-3 as depicted thereon. The First Amendment to the Condominium Declaration, executed by the owners of all of the units including the City, authorizes this change and reallocates the common area assessments accordingly. This division of Unit A and reallocation of the assessments is as it was contemplated in the MOU and lease documents. The present review is simply to confirm the technical requirements of the Amended Map. Thank you for considering this application. If there is further information that you require,please do not hesitate to contact me. Sincerely, KLEIN, COTE & EDWARDS, LLC Eben P. Clark CoA Admin App requirements 10-19-10.doe Table of Contents: Exhibit A - Completed Land Use Application Exhibit B - Signed Fee Agreement Exhibit C - Title Commitment and Schedule of Exceptions to Title Exhibit D - Vicinity Map Exhibit E -Draft First Amended Condominium Map of the Isis Theater Condominiums CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan—970.429.2759 DATE: 10.14.10 PROJECT: 406 E. Hopkins (Isis), Condo Plat Amendment APPLICANT: City of Aspen Public Facilities Authority REPRESENTATIVE: Eben Clark TYPE OF APPLICATION: Condominiumization. DESCRIPTION: The Applicant would like to amend the condominium map for the property located at 406 E. Hopkins. Currently, Unit A has been reconfigured and the applicant would like to update the condo plat to reflect the new configuration. Consent from the HOA is required. Below is a link to the Land Use application Form for your convenience: http://www aspen pitkin com/Portals/0/docs/City/Comdev/Apps%20and%20Fees/landuseappform.pdf Below is a link the Land Use Code for your convenience: http://www aspen pitkin com/Departments/Community-Development/PIanni ng-a nd-Zon i ng/Title-26-Land-U se- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $735.00 Deposit for 3 hours of staff time. Additional staff time required is billed at $245/hour Referral Fees: None Total Deposit: $735.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10.A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. ATTACHMENT 2—LAND USE APPLICATION PROJECT: Name: Location: x(06 ��NS (Indicate street address,lot&block number, legal description where appropriate) Parcel ID#(REQUIRED) APPLICANT: Name: �� a ��3 1 �uc -a�u u �7wJbn t / SiS �i�o 1 �'t." Address: ��o ��.��(� (� V W' Cote �l �•l�t� S{. C 81611 Phone#: 2 S qs" _�DC' REPRESENTATIVE: Name: Address: Phone#: TYPE OF APPLICATION:(please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD(&PUD Amendment) Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA—8040 Greenline,Stream ❑ Subdivision Exemption(includes ❑ Final SPA(&SPA 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: ❑ Conditional Use EXISTING C/ONDITIONS:r(description of existing buildings,uses,previous approvals,etc.) PROPOSAL: (description of proposed buildings,uses,modifications,etc.) Have you attached the following? FEES DUE:$ .So [E�Pre-Application Conference Summary O'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. �t 21 10 09:05a Courtney Lord Assn-fates, 3053978564 p.1 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Annlication Fees CITY OF ASPEN (hereinafter CITY)and 5 iS (hereinafter APPLICANT)AGREE AS FOLLOWS: I. APPLICANT has submitted torCITY an application for CaM� EIkl'A7 A0-S !NyJt E'j4- (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 detemiination 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 fiill 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 lie 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 prosect 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 S 5° which is for_ 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 By: Hy; Chris Hendon Community Development Director Date; Billing Address and Telephone Number: ,rf%s (le rep� Sued"P c c c. 9 jj:2 go 4tdo n - d/(2 W-9 4 09 - Gdo9 ArcIMS Viewer Page 1 of 2 485, 201 221 v�"'^'. �.� � 4QQ+. r✓�~' ± r. 434 1001, F Q. *° ti. .pint caun13� Csmier; - - --- °] rr' ----_ 306 "'� ti 5Q6 - r,_ 411- 95 17' i t ��` 1 Q7, 1 Q6. 1 � 313 T �113 121, 12�. -234 $` - 9 „` z 316- . 0 7� ,Qd 507 T10-5 f84W.2C0+ '�Z 511" t" 11.312Q,1 �f r 3Q1 42Q 4 . kr + 533+ � 6Q 025 • HgpD9N t7 t 5 4 -; 27-15 T9-DS --» 210 : ` -. . .� 21 ,, 'rLkS +� �''� �`13Q, _+41F2r 2L8 1 . 12S ^.� 2✓Q X41' 201 ::j PoI Leda 1� M1}� , �a 314, 213 ;' , _, �1. �5 ~L_- _- 221 355 3Q1 ,4C66 _._ a] ��za ��" _ 41Qi 19 „ . �ms1i!�h1- �'x 3151 . 434A,32 51Q 426 611- �� y 210 A07, "• 's. �51 .. 51 w4 . 228 �, - __ ` 1 ,``"A ' 135 A 80 t, 505` 233 3 } , x �'"� f 314 Mimavolad-I t5-c�tct 19M,201oCS ice. fir"`316.: :, 0 � http://205.170.51.230/website/parcels/MapFrame.htm 10/11/2010 ALTA Commitment For Title Insurance Fidelity National Title Insurance Company AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 31D FLOOR ASPEN, COLORADO 81611 970-925-1766-PHONE 970-925-6527-FAX 877-217-3158-TOLL FREE E-MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: Tom Twitchell (tomt @sopris.net) TJ Davis-(tjd @sopris.net) Brandi Jepson- (brandi @sopris.net) Joy Higens-(joy @sopris.net) (Closing & Title Assistance) FIDELITY NATIONAL TITLE INSURANCE COMPANY IIIII rwelilr National 'Title Tusarance Company i 7°I 1 Yi a K:a e!i:n A:cmic,S:u tc.tt b Commitment for Title Insurance Fidelity National Title Insurance Company A Stock Company COMMITMENT FOR TITLE INSURANCE FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Corporation, herein called the 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 therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. 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, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate within six (6) months after the effective date hereof 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. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, Fidelity National 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. FIDELITY NATIONAL TITLE INSURANCE COMPANY VAI SEAL A I'1 B"I F'icwidenC �.eerefart` Countersigned: Authorized Signature FORM 27-083-66(10/03) ALTA COMMITMENT- 1966 CONDITIONS AND STIPULATIONS I. 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. Any action or actions or rights of action that the Proposed Insured may have or may bring against the Company arising out of die status of the title to the estate or interest or (he status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: August 6, 2010 at 8:00 AM Case No. PCT22913F 2. Policy or Policies to be issued: (a)ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$0.00 Proposed Insured: Rate: PROFORMA (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: CITY OF ASPEN PUBLIC FACILITIES AUTHORITY, A COLORADO NON-PROFIT CORPORATION 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: COMMERCIAL UNIT A,AND RESIDENTIAL UNITS C AND D, ISIS THEATER CONDOMINIUMS, according to the Map filed for record December 9, 1999, in Plat Book 52 at Page 1, and as defined and described by the Condominium Declaration for Isis Theater Condominiums recorded December 9, 1999, as Reception No. 438433. 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: THIS COMMITMENT 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. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possession,thereof. 2. Easements, liens, encumbrances, or claims thereof,which are not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the public records. 4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter furnished, which lien, or right to a lien, is not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable servitudes; or, (d)water rights, claims or title to water(see additional information page regarding water rights),whether or not the matters excepted under(a), (b), (c)or(d) are shown for the public records. 6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings,whether or not shown by the records of such agency or by the public records 7. Any service, installation, connection, maintenance or construction charges for sewer,water, electricity, or garbage collection or disposal or other utilities unless shown as an existing lien by the public records. 8. 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. SPECIAL EXCEPTIONS 9. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 144, 160 and 521 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 10. Terms, conditions and provisions of Notice of Historic Designation recorded in Book 295 at Page 515 and as set forth in Ordinance No. 58 (Series of 1995), recorded May 15, 1996 as Reception No. 392717. 11. Terms, conditions, provisions and obligations as set forth in Deed recorded in Book 347 at Page 988 and Ratification and Extension of Encroachment Easement recorded May 7, 1998 as Reception No. 416608. 12. Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded July 21, 1998 as Reception No.419655. (Affects Residential Units C and D) 13. Terms, conditions, provisions and obligations as set forth in Shared Sewer Service Line Agreement recorded December 1, 1999 as Reception No. 438114. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 14. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for ISIS THEATER CONDOMINIUMS recorded December 9, 1999 as Reception No. 438433, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 15. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 9, 1999 in Plat Book 52 at Page 1. 16. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded December 16, 1999 as Reception No.438638 as Resolution No.43, Series of 1999. 17. Terms, conditions, provisions, obligations and all matters as set forth in the Articles of Incorporation of ISIS THEATER CONDOMINIUM ASSOCIATION recorded December 30, 1999 as Reception No. 439066. 18. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen/Pitkin County Growth Management Commission recorded October 31, 2001 as Reception No. 460250 as Resolution No. 2, Series of 2001. 19. The following existing leases and tenancies: 1) Commercial Unit A--Lease dated May 28, 2002, originally between The Isis, LLC, a Colorado limited liability company, as Landlord, and Rocky Mountain Resort Cinemas, Inc, a Wyoming corporation, as Tenant, as affected by Consent to Assignment, Estoppel Certificate and Amendment to Lease dated September 25, 2003 among The Isis, LLC, Rocky Mountain Resort Cinemas, Inc., Metropolitan/Rocky Mountain Cinemas, L.L.C., a Delaware limited liability company, as Assignee, Marshall C. Smith and Karen Smith, husband and wife, and Metro-Northwest, LLC, and as further affected by Assignment and Assumption of Lease dated September 25, 2003 between Rocky Mountain Resort Cinemas, Inc., as Assignor, and Metropolitan/Rocky Mountain Cinemas, LLC, as Assignee. 2) Unit C--Lease dated April 1, 2006 between CC Aspen, LLC, as landlord, and Heather Davis, Melanie Burrell and Ilka Evans as tenant. 3) Unit D--Lease dated April 1, 2006 between CC Aspen, LLC, as landlord, and Judson Zevin, Garrett Mandich and Sarah DeStefano, as tenant. 20. Terms, conditions, provisions, obligations and all matters as set forth in Bill of Sale, Assignment and Assumption recorded February 16, 2007 as Reception No. 534578. 21. Terms, conditions, provisions, obligations and all matters as set forth in Occupancy and Use Deed Restriction, Agreement and Covenant recorded February 16, 2007 as Reception No. 534579. 22. Terms, conditions, provisions, obligations and all matters as set forth in Assignment of Declarant Rights and Irrevocable Proxy Coupled with and Interest in Voting Rights recorded February 16, 2007 as Reception No. 534580. 23. Terms, conditions, provisions, obligations and all matters as set forth in Assignment and Assumption Agreement recorded February 16, 2007 as Reception No. 534581. (Continued) SCHEDULE B SECTION 2 EXCEPTIONS -(Continued) 24. Terms, conditions, provisions, obligations and all matters as set forth in Affidavit concerning Purchase Options recorded February 16, 2007 as Reception No. 534582 and Corrected Purchase Option Agreements recorded June 20, 2008 as Reception No. 550454 and Reception No. 550455. 25. Terms, conditions, provisions, obligations and all matters as set forth in Lease Purchase Agreements recorded February 16, 2007 as Reception No. 534584 and recorded June 20, 2008 as Reception Nos. 550450, 550452 and 550453. 26. Terms, conditions, provisions, obligations and all matters as set forth in Memorandum of Subleases recorded February 16, 2007 as Reception No. 534585. 27. Mortgage from : CITY OF ASPEN PUBLIC FACILITIES AUTHORITY To the Mortgagee :AMERICAN NATIONAL BANK To secure : $8,405,000.00 Dated : February 1, 2007 Recorded : February 16, 2007 in Book at Page Reception No. : 534583 28. Security interest under the Uniform Commercial Code affecting subject property, notice of which is given by Financing Statement from CITY OF ASPEN PUBLIC FACILITIES AUTHORITY, debtor to AMERICAN NATIONAL BANK, secured party, Recorded June 20, 2008 as Reception No. 550451. 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. Pursuantto 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. Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies-We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties-We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current_policy_is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under_this section must be in writing and must include-your notarized si ng ature to establish your identity._Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 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. 2021009062 REFERENCE:PCT22913F/PROFORMA Fee Waiver Request Form THE CITY OF AsPFN City of Aspen Community Development Department This form should be completed and submitted to the Community Development Director for review. You will be notified when a decision has been made to waive or not to waive the fees regarded in this request form. For what fees are you requesting waiver? ❑ BUILDING PLANNING Applicant Name: Cj� ,(; ,� ?�1;�� 1� /=y��"r�� G�.�P, Contact Ph.# ��2 S � i Mailing address: cl� S=' y C(� (` I�(c ti��1 t, 2�( .(I Srr rte_, c Kivu E-mail address: el2l r-) if i� kC-f Project name & address: Sil . ca r6(W Fee Breakdown: Original Fee Requested Original Fee Requested Fee Description Fee Description A Amount Waiver mount Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee Permit Fee HPC Application Fee Plan Check Other: TOTAL OF FEE WAIVER REQUEST$ Reason for Waiver: ❑ General Fund Department ❑ Waived or decreased by City Council (specify ordinance or other decision document) ❑ Other—Please explain: Applicant Signature Date For office use only: Type of fees waived: Total fees waived: $ ❑ APPROVED ❑ DISAPPROVED Community Development Director Date Page 1 of 2 Eben Clark From: Courtneyt_ord Yahoo Account[clord @courtneylordassociates.com] Sent: Friday, October 01, 2010 3:21 PM To: Steve Barwick Cc: Herb Klein; Eben Clark Subject: Re: ISIS Thanks. Courtney On Oct 1, 2010, at 2:39 PM, "Steve Barwick" <Steve.Barwicknci.aspen.co.us>wrote: Courtney, The base fee is $735. Even though the City isn't responsible for the costs of this action, I'll reduce the fees by half. Thanks, Steve teve From: Jennifer Phelan Sent: Thursday, September 30, 2010 1:27 PM To: Jim True Subject: RE: Condo plats are reviewed administratively and a base fee of 735.00 is required. Jennifer Phelan,AICP Deputy Director Community Development Department City of Aspen 10/19/2010 Page 2 of 2 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com From: Jim True Sent: Thursday, September 30, 2010 11:47 AM To: Jennifer Phelan Subject: Jen, I have a question. If ISIS processes an amendment to their condo map, what is the fee for the application? Thanks. JRT 10/19/2010