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Home My WebLink AboutLand Use Case.355 Silverlode Dr.0059.2019.ASLU• • COMMUNITY DEVELOPMENT CITY OF ASPEN CASE NUMBER 0059.2019.ASLU PROJECT ADDRESS 355 SILVERLODE DRIVE PARCELID 273707430006 PLANNER JENNIFER PHELAN CASE DESCRIPTION GREENLINE EXEMPTION REPRESENTATIVE RAYMOND PAYNE DATE OF FINAL 7/10/2019 ACTION CLOSED BY SARA NESTER 10/7/2019 0 Date: June 26, 2019 o. A&� ligly CITY OF ASPEN Land Use Application Determination of Completeness Dear City of Aspen Land Use Review Applicant, • sue z7 rop City of Aspen Community Development We have received your land use application for 355 Silverlode Drive. 8040 GreeNine Exemption and have reviewed it for completeness (and not compliance). Your land Use Application is complete: Please submit the following to begin the land use review process. 1) Review deposit of $650.00 (to be billed hourly). Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. T You, VA" �A nnifer Qlan, Deputy Planning Director City of Aspen, Community Development Department For office Use obly: Qualifying Applications: Mineral Rights Notice Required New PD Yes No� Subdivision, or PD (creating more than 1 additional lots GMQS Allotments Residential Affordable Housing Yes No_---1— Commercial E.P.F. Lodging Tso South Galena Street Aspen, C081611.1975 1 P: 970920.5000 1 R 970.920.5197 I cityofaspen.com • RECEPTION#: 657194, R: $23.00, D: $0.00 DOC CODE: APPROVAL Pg 1 of 3, 07/10/2019 at 04:14:51 PM Janice K. Vos Caudill, Pitkin County, CO Q081Jv1101 CITY OF ASPEN NOTICE OF APPROVAL APPROVING AN 8040 GREENLINE REVIEW EXEMPTION TO INSTALL A NEW AIR CONDITIONING SYSTEM AT 355 SILVERLODE DRIVE, LEGALLY DESCRIBED AS: LOT 6, SILVERLODE SUBDIVISION, ACCORDING TO THE AMENDED SUBDIVISION PLAT THEREOF FILED FOR RECORD AUGUST 20,1998 IN PLAT BOOK 45 AT PAGE 97, CITY OF ASPEN, COUNTY OF PITKIN, COLORADO. Parcel ID No. 2737-074-30-006 APPLICANT: 355 Silverlode, LLC REPRESENTATIVE: Raymond Payne, R&R HVAC SUBJECT & SITE OF APPROVAL: 8040 Greenline Review Exemption at 355 Silverlode Drive. The applicant is requesting to install three new air conditioning units within the established building envelope at a property located within the 8040 Greenline review area, pursuant to Land Use Code Section 26.435.030.13, Exemption. SUMMARY: The subject property is located in the Silverlode Subdivision, AH/PD zone district and within the 8040 Greenline review area. A single-family dwelling exists on site. The owner wishes to remove existing air conditioning equipment from the front of the property and replace it with a new system, consisting of three air conditioning units. Two of the units will be mounted on the southeast and northwest exterior walls, along the two sides of the home and one unit will be mounted on the northeast exterior wall, at the rear of the home. Pursuant to Land Use Code Section 26.435.030.13, Exemption, a property may qualify for an 8040 Greenline Review Exemption if the proposed development: 1. Does not add more than ten percent to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent; and 2. The development does not require the removal of any tree for which a permit would be required; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. STAFF EVALUATION: Staff finds that the request meets the criteria to qualify for an 8040 Greenline Review Exemption, per section 26.435.030.13, Exemption. Air conditioning units and similar mechanical equipment are not included in floor area calculations; the criteria concerning floor area calculations is not applicable. Installing the new air conditioning system would not require the removal of any tree and would not affect any geologic hazards nor would it increase erosion or sedimentation on site. The new units would be attached to the dwelling, within the established building envelope. Page I 1 13o South Galena Street Aspen, CO 81611•1975 1 p: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com DECISION: The Community Development Director determines that the proposal to replace the existing air conditioning system with three new air conditioning units on the property located within the 8040 Greenline review area meets the requirements of an 8040 Greenline Review Exemption. APPROVED BY: AM�'o Je ica Garrow 0 ommunity Development Director Attachments: Exhibit A — Approved Site Plan (Recorded) Exhibit B — Application (On file) � loki � I 1,olcl Date Page 12 Exhibit A- Approved Site Plan �,...,r lwr-�- .z,�,. � s Project Name and Address: Parcel ID # (REQUIRED) APPLICANT: LAND USE APPLICATION 8040 GREENLINE EXEMPTION, 355 SILVERLODE DR 2737-074-30-006 Name: 355 SILVERLODE, LLC Address: 355 SILVERLODE DR ASPEN CO 81611 Phone#: 239370-7167 email: CDESANZO@AOL.COM REPRESENTIVATIVE: Name: RAYMOND PAYNE R&R HVAC Address: PO BOX 1264 ASPEN, CO 81612 Phone#: 970-710-0979 email: RAYPAYNE.RRHVAC@GMAIL.COM Description: Existing and Proposed Conditions R&R HVAC proposes to remove existing AC systems from front of home, replace with Mitsubishi ductless mini splits. (2) Outdoor }� Units mounted directly on the East and West walls of the exterior, (1) unit mounted on back of home. The work does not add any �N square footage to the property. No trees will be removed, no change to landscape. Nothing we will do will have any impact to the property; therefore, not affected by any geological hazard and will not result in increased erosion or sediment. Submitted by Ray Payne R&R HVAC Review: Administrative or Board Review Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage 4382 Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ 2,275.00 a Pre -Application Conference Summary 0 Signed Fee Agreement HOA Compliance form [1] All items listed in checklist on PreApplication Conference Summary November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090 w • a PRE -APPLICATION CONFERENCE SUMMARY DATE: June 10, 2019 PLANNER: Kevin Rayes, 429-2797 PROJECT NAME AND ADDRESS: 8040 Greenline Exemption, 355 Silverlode Drive PARCEL ID#: 2737-074-30-006 REPRESENTATIVE: Raymond Payne, R&R HVAC, Inc. DESCRIPTION: The subject property is located within the Silverlode/Williams Ranch PUD zone district and within the 8040 Greenline review area. The representative plans to install air conditioning equipment within the established building footprint of the property. The equipment will be located along the side of the house and will be fastened to the existing dwelling. The proposed development appears to meet the applicable criteria for an 8040 Greenline exemption. Pursuant to Land Use Code Section 26.435.030.B, Exemption, the Community Development Director may exempt development (via a notice of approval) that meets the following review standards: 1. The development does not add more than ten percent (10%) to the floor area of the existing structure or increase the total amount of square footage of areas of the structure which are exempt from floor area calculations by more than twenty-five percent (25%); and 2. The development does not require the removal of any tree for which a permit would be required pursuant to Section 15.04.450 or the applicant receives a permit pursuant to said Section; and 3. The development is located such that it is not affected by any geologic hazard and will not result in increased erosion and sedimentation. 4. All exemptions are cumulative. Once a development reaches the totals specified in Subsection 26.435.030.B.1, an 8040 Greenline review must be obtained pursuant to Subsection 26.435.030.C. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.435.030 Environmentally Sensitive Areas- 8040 Greenline Review For your convenience — links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Community Development Staff for complete application and administrative review PUBLIC HEARING: No PLANNING FEES: $1,300 Deposit for 4 hours of staff time (additional hours will be billed at $325/hr) REFERRAL FEES: Engineering Department- $325/hour Parks Department- $650 Flat Fee TOTAL DEPOSIT: $2,275 • 0 Q Completed Land Use Application and signed Fee Agreement. d Pre -application Conference Summary (this document). OA Compliance form (Attached to Application) B Applicant's name address and telephone number, contained within a letter signed b the applicant pp p g Y PP stating the name, address, and telephone number of the representative authorized to action on behalf of the applicant. [if Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, 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. Gd An 81/2" by 11" vicinity map locating the parcel within the City of Aspen. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed development complies with the review standards relevant to the development application and elevant land use approvals associated with the property. written responses to applicable review criteria. If the copy is deemed complete by staff, the following items will then need to be submitted: dTotal deposit for review of the application. 1' A digital copy of the application provided in pdf file format. Depending on further review of the case, additional items may be requested of the application. Once the application is deemed complete by staff, the applicant/applicant's representative will receive an e-mail requesting submission of an electronic copy of the complete application and the deposit. Once the deposit is received, the case will be assigned to a planner and the land use review will begin. 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. Agreement to Pay Application Fees An agreement between the City of Aspen ("City") and Please type or print in all caps Address of Property: 355 SILVERLODE DR Property Owner Name: 355 SILVERLODE LLC Representative Name (if different from Property Owner) RAY PAYNE R&R HVAC, INC. Billing Name and Address - Send Bills to: 355 SILVERLODE LLC C/O CHRISTINE DESANZO 35S SILVERLODE DR, ASPEN CO 81611 Contact info for billing: e-mail: CDESANZO@AOL.COM Phone: 239-370-7167 I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $• 65n_nn at fee for PARKS DEPARTMENT. $. flat fee for $. flat fee for $. flat fee for For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1300.00 deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. $ 325.00 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $325.00 per hour. City of Aspen: Jessica Garrow, AICP Community Development Director City Use: Fees Due: $ Received $ Case # c Signature: PRINT Name: CHRISTINE DESANZO MEMBER EMBER November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 9110 5090 DIMENSIONAL REQUIREMENTS FORM Complete only if required by the PreApplication checklist Project and Location 8040 GREENLINE EXEMPTION, 355 SILVERLODE DR Applicant: 355 SILVERLODE LLC Zone District: Gross Lot Area: Net Lot Area: "Please refer to section 26.575.020 for information on how to calculate Net Lot Area Please fill out all relevant dimensions Single Family and Duplex Residential 1) Floor Area (square feet) 2) Maximum Height 3) Front Setback 4) Rear Setback 5) Side Setbacks 6) Combined Side Setbacks 7) % Site Coverage 8) Minimum distance between building Proposed % of demolition Commercial Proposed Use(s) 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Off -Street Parking Spaces 5) Second Tier (square feet) 6) Pedestrian Amenity (square feet) Proposed % of demolition Multi -family Residential Existing Allowed Proposed Existing Allowed Proposed 4,382 4,382 1) Number of Units 2) Parcel Density (see 26.710.090.C.10) 3) FAR (Floor Area Ratio) 4) Floor Area (square feet) 4) Maximum Height 5) Front Setback 6) Rear Setback s 7) Side Setbacks Proposed % of demolition Existing Allowed Proposed Existing non -conformities or encroachments: Variations requested: Lodge Additional 1) FAR (Floor Area Ratio) 2) Floor Area (square feet) 3) Maximum Height 4) Free Market Residential(square feet) 4) Front setback 5) Rear setback 6) Side setbacks 7) Off -Street Parking Spaces 8) Pedestrian Amenity (square feet) Proposed % of demolition Existing Allowed Proposed Homeowner Association. Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property 355 SILVERLODE LLC Owner ("I"): Email: CDESANZO@AOL.COM Phone No.: 239-370-7167 Address of Property: 355 SILVERLODE DR (subject of application) I certify as follows: (pick one) ❑ This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this docume t is a public current. rr -- Owner signature:0 date: (P I Owner printed name: or, CHRISTINE DESANZO, MEMBER Attorney signature: date: Attorney printed name: Novewbei '0 17 City of Aspen 13�0 S. G' lolw St 1 (') 70) 920 5090 July 12, 2019 City of Aspen RE: 8040 Greenline Exemption, 355 Silverlode Drive Parcel ID # 2737-074-30-006 Applicant Information: 355 Silverlode, LLC C/O Christine Desanzo 355 Silverlode Dr. Aspen, CO 81611 239-370-7167 cdesanzo@aol.com We have authorized the below representative to act on our behalf in this matter as it relates to installation of A/C: Raymond Payne R&R HVAC, Inc. PO Box 1264 Aspen, CO 81612 970-710-0979 Raypayne.rrhvac@gmaii.com PROFORMA TITLE REPORT SCHEDULE A 1. Effective Date: June 11, 2019 at 8:00 AM Case No. ACCOM-355 SILVE 2. Policy or Policies to be issued: Proposed Insured: PROFORMA 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: 355 SILVERLODE, LLC, AFLORIDA LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: LOT 6, SILVERLODE SUBDIVISION, according to the Amended Subdivision Plat thereof filed for record August 20, 1998 in Plat Book 45 at Page 97. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, ASPEN, CO.81611 970-925-1766 Phone/970-925-6527 Fax 877-217-3158 Toll Free AUTHORIZED AGENT Countersigned: Documentary Fee $ 550.00 IIN�NI��II IN��I��I� RECEPTION#: M280, R: $28.00, D: $M.00 DOC CODE: W D Pg 1 of 4,0111112019 at 10:20:56 AM Janice K. Vos Caudill, Pitkin County, CO WARRANTY DEED THIS DEED, made January 11, 2019, Between THE FRANK LAWRENCE FAMILY TRUST DATED JUNE 10, 1993 of the County of , State of Co. 14 4-a rA I oL , GRANTOR, AND 355 SILVERLODE, LLC, A FLORIDA LIMITED LIABILITY COMPANY, GRANTEE whose legal address is: PO BOX 614,NAPLES, FLORIDA 6110 (O of the County of , State of FLORIDA WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the Grantee, ITS successors and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows: LOT 6, SILVERLODE SUBDIVISION, according to the Amended Subdivision Plat thereof filed for record August 20, 1998 in Plat Book 45 at Page 97. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, ITS heirs and assigns forever. And the Grantor, for ITSELF, ITS successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, ITS successors and assigns, that at the time of the ensealing and delivery of these presents, IT is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "A" attached hereto and incorporated herein by reference. The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, ITS successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed. SIGNATURES ON PAGE 2 CITY OF ASPEN DATE WRETT PAID' ORggpEN P-NO. 3 Oyu HR D RECEPTION#: 653280, 01/11/2019 at 10:20:56 AM, Pgs 2 of 4, Janice K. Vos Caudill, Pitkin County, CO SIGNATURE PAGE TO WARRANTY DEED PAGE 2 ATED JUNE 10. 1993 STATE OF Co I v f" w d a ) ss COUNTY OF The foregoing instrument was acknowledged before me this % I day by FRANK M. LAWRENCE, TRUSTEE OF THE FRANK LAWRENCE 1993. WITNESS my hand and official seal my commission expires: CHRISTINA DAVIS NOTARY PUBLIC STATE OFCOLORADO NOTARY 10 0 19994030870 My COMMISSION EXPIRES NOVEMBER 07. 2019 PCT25282W5 'J4-h- 2019, Y TRUST DATED JUNE 10, RECEPTION#: 653280, 01/11/2019 at 10:20:56 AM, Pgs 3 of 4, Janice K. Vos Caudill, Pitkin County, CO EXHIBIT "A" 1. Taxes for the year 2019, and subsequent years, not yet due or payable. 2. Right of proprietor of a vein or lode to extract or remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patents recorded December 22,1909 in Book 136 at Page 365, recorded May 20, 1949 in Book 175 at Page 162 and recorded December 24, 1902 in Book 55 at Page 116. 3. Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patents recorded November 22, 1910 in Book 136 at Page 373, and recorded December 24, 1902 in Book 55 at Page 116. 4. Perpetual right of way and easements to extend or drive levels or tunnels through the subject property as set forth and reserved in deed recorded March 30, 1895 in Book 131 at Paae 425. 5. Terms, conditions, provisions, obligations and all matters as set forth in Ordinance No. 94-15, Series of 1994 by Board of County Commissioners recorded June 27, 1994 in Book 754 at Page 194. 6. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners, recorded September 9, 1994 in Book 760 at Page 909 as Resolution No. 94-110. 7. Terms, conditions, provisions, obligations and all matters, including but not limited to providing off site access to Silverlode Subdivision, as set forth in Ordinance No. 07, Series of 1994 by Board of County Commissioners recorded March 15, 1995 in Book 776 at Page 299. 8. Easements, rights of way and all matters as disclosed on Plat of Smuggler Mine Subdivision, recorded March 15, 1995 in Plat Book 36 at Page 77. 9. Terms, conditions, provisions, obligations and all matters as set forth in Smuggler Mine Subdivision Improvements Agreement recorded March 15, 1995 in Book 776 at Page 307. 10. Reservation by Wright & Preusch Mining, Ltd., of any and all sub -surface and mineral rights below 50 feet below the surface; however, specifically without any accompanying right to use or in any way burden the surface estate to obtain and use the benefit of the ownership of the same, as set forth in deed recorded March 22, 1995 in Book 776 at Page 880. 11. Easements, rights of way and all matters as disclosed on Plats of Silverlode Subdivision and Williams Ranch Subdivision, recorded May 9, 1995 in Plat Book 37 at Page 3 and First amendment thereof recorded August 20, 1998 in Plat Book 45 at Page 97. and U.S. West Approval recorded May 9, 1995 in Book 780 at Page 368and consent thereto recorded August 20, 1998 as Reception No. 420942. 12. Terms, conditions, provisions and obligations as set forth in Williams Ranch - City of Aspen Annexation Agreement recorded May 9, 1995 in Book 780 at Page 370. 13. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Declaration for Silverlode recorded May 12, 1995 in Book 780 at Page 755 and First Amendment thereto recorded November 5, 1998 as Reception No. 424224, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, famNial status, or national origin. 14. Terms, conditions, provisions and obligations, including but not limited to providing off site access to Silverlode Subdivision, as set forth in Easement Agreement recorded February 22, 1996 as Reception No, 390141. 15. Terms, conditions, provisions, obligations and all matters as set forth in the By -Laws of Silverlode Homeowners Association recorded December 13, 2013 as Reception No. 606539. 16. Terms, conditions, provisions and obligations as set forth in Water and Sewer Infrastructure Agreement recorded July 18, 2014 as Reception No. 611924. 17. Any and all leases and tenancies whether or not they are shown in the public record. RECEPTIONM 653280, 01/11/2019 at 10:20:56 AM, Pgs 4 of 4, Janice K. Vos Caudill, Pitkin County, CO 18. Easements, rights of way and all matters as disclosed on First Amendment to Lot 6, Silveriode Subdivision recorded March 12, 1998 in Plat Book 44 at Paae 52. 19. Encroachments and all matters as disclosed by Survey of Aspen Survey Engineers, Inc. dated August 2018 as Job No. 48169. 20. Terms, conditions, provisions and obligations as set forth in Agreement to Establish Supplemental Access Easement recorded October 25, 2018 as Reception No. 651469. RECEPTION#: 653281, R: $38.00, D: $0.00 DOC CODE: OT Pg 1 of 6, 01/11/2019 at 10:20:57 AM Janice K. Vos Caudill, Pitldn County, CO The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (TD72-8-10) (Mandatory 1-11) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this II* day of January, 2019, between 355 Silverlode, LLC, a Florida limited liability company (Borrower), whose address is P.O. Box 614, Naples, Florida 34106; and the Public Trustee of the C6 County in which the Property (see § 1) is situated (Trustee); for the benefit of Christine Desanzo GST-Exempt Stock Trust U/A/D 8/20/1993 (Lender), whose address is P.O. Box 614, Naples, Florida 34106. Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following legally described property located in the County of Pitkin, State of Colorado: LOT 6, SILVERLODE SUBDIVISION, according to the Amended Subdivision Plat thereof filed for record August 20, 1998 in Plat Book 45 at Page 97 known as No. 355 Silverlode Drive, Aspen, Colorado 81611 (Property Address). 2. Note: Other Obligations Secured. This Deed of Trust is given to secure to Lender: 2.1. the repayment of the indebtedness evidenced by Borrower's note (Note) dated January 11, 2019 in the principal sum of Three Million, Six Hundred Thousand and 00/100s Dollars (U.S. $3,600,000.00), with interest on the unpaid principal balance from January 11, 2019, until paid, at the rate Three and Five Tenths percent (3.5%) per annum, with principal and interest payable at P.O. Box 614, Naples, Florida 34106 or such other place as Lender may designate, in ten (10) payments of One Hundred Twenty -Six Thousand and 00/100s Dollars (U.S. $126,000.00), due on the 31 st day of each December, beginning December 31, 2019; such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon shall be due and payable on December 31, 2028; and Borrower is to pay to Lender a late charge of Five Percent (5%) of any payment not received by Lender within 15 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except none; 2.2. the payment of all other sums, with interest thereon at 3.5% per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and 2.3. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservations and covenants, if any, as of this date; and subject to those matters identified in Exhibit A, attached hereto. 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terns hereof shall be applied by Lender first in payment of amounts due pursuant to § 23 (Escrow Funds for Taxes and Insurance), then to amounts No. TD72-8-10. DEED OF TRUST (Due on Transfer— Strict) Pate 1 of 6 RECEPTION#: 653281, 01/11/2019 at 10:20:57 AM, Pgs 2 of 6, Janice K. Vos Caudill, Pitkin County, CO 9 0 disbursed by Lender pursuant to § 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in § 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this section if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (a) the insurable value of the Property or (b) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance." The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided said restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with § 16 (Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under § 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under § 6 above, if Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's interest in the No. TDn4l-10. DEED OF TRUST (Due on Transkr— Strict) Ps=e 2 of RECEPTION#: 653281, 01/11/2019 at 10:20:57 AM, Pgs 3 of 6, Janice K. Vos Caudill, Pitkin County, CO • • Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to: 9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property; 9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Property; 9.3. sums due on any prior lien or encumbrance on the Property; 9.4. if the Property is a leasehold or is subject to a lease, all sums due under such lease; 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the Property, receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an attorney in the employment of Lender or holder of the certificate of Purchase; 9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust; and 9.7. such other costs and expenses which maybe authorized by a court of competent jurisdiction. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this § 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obligations Secured). Nothing contained in this § 9 shall require Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest in the Property. 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Borrower not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. No. TD7241-18. DEED OF TRUST (Doe on Transfer — Saict) Page 3 of 6 RECEPTIONM 653281, 01/11/2019 at 10:20:57 AM, Pgs 4 of 6, Janice K. Vos Caudill, P'rtkin County, CO • • 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of § 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the sections in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Acceleration; Foreclosure; Other Remedies. Except as provided in § 24 (Transfer of the Property; Assumption), upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under § 6 above), at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice and shall cause publication of the legal notice as required by law in a legal newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 2& Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under § 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under § 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time No. TD72$IIL DEED OF TRUST (Due on Transfer— Strkt) P"t 4 of 6 RECEPTION#: 653281, 01/1112019 at 10:20:57A , Pgs 5 of 6, Janice K. Vos Caudill, Pitkin County, CO covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice; notice being hereby expressly waived. Upon Acceleration under § 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first to payment of the costs of preservation and management of the Property, second to payments due upon prior liens, and then to the sums secured by this peed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Rekase. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with § 16 (Notice) from Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 23. Escrow Funds for Taxes and Insurance. There shall be no escrow maintained by Lender for the payment (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 years; (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower and (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y) the creation of a purchase money security interest for household appliances; or (z) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer: 24.1. All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). 24.2. If a Transfer occurs and should Lender not exercise Lender's option pursuant to this § 24 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. Lender may without notice to Borrower deal with Transferee in the same manner as with Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging Borrower's liability hereunder for the obligations hereby secured. 243. Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to § 24.2 above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. No. TD7241-10. DEED OF TRUST (Due on Transfer —Strict) Pate 5 of 6 RECEPTION#: 653281, 0111112019 at 10:20:57A , Pgs 6 of 6, Janice K. Vos Caudill, Pitkin Co tty, CO EXECUTED BY BORROWER. 355 SILVERLODE, LLC, a Florida limited liability company 40r By: a�k� n Christine Desanzo Member STATE OF Ca /0 Ka AO } COUNTY OF T } The foregoing instrument was acknowledged before me this 10 day of January, 2019, by Christine Desanzo, as Member of 355 Silverlode, LLC, a Florida limited liability company. Witness my hand and official seal. My missi n ex =C1=1SNotary IcMY C019 No. TD72-&IQ DEED OF TRUST (Due on Transfer — Strict) Pate 6 of 6 C ' Buft.etntG i---� _ —_---_ �.Warao` �o I f 1 , Iva \. 1Vee Tiaw�f--lG�JGAL• I \ \/ �� / i✓f/ � JIt \ 00 JUN 17 2019 City of Aspen Community Development 51TF- PLb\N -- ;j dBI, ►vleroo n C Peet • l� GoM - Course = Aspen Coif Course and Nordic Center City of Aspen Aspen In_htutp t u ter 1rt eev to "Z ' \v Rla;ry_St � � Aspen Sr��a %rin V Coopef 4 a` / I n Mou/rain 6A 22019, 1 Q 18: 32 A M 1: 36,112 — 11 0 0.23 0.45 0.9 mI L Urban Growth Boundary (UGB) Federal Land 11 1 0 0.38 0.75 1.5 km City of Aspen Boundary BLM Sources. Esrl, HERE, Garmin, Intermap, increment P Corp. GEBCO, USGS, USFS County of PItlkIn & City of Aspen, Bureau of Land Management, Esrl, HERE. Garman, INCREMENT P. USGS, ME TIMASA, EPA, USDA I Pltkin County I City of Aspen GIS 0 City of Aspen It•% C'I •/ I ,�hn ro I t�rh ,un lu.uy I„. ' .I lu• I. �I„i�, it i:•�xlnnyl'u1 I'llbnl 6A 22019, 1 Q 16: 22 AM 1: 9, 028 0 0.05 0.1 0.2 ml Urban Growth Boundary (LIGB) Parcels 0 0.07 0.15 0.3 km Cityof Aspen Boundary Federal Land P ry Sources Esd. HERE. Garmin. Intermap, incremcntP Corp. GEBCO, USGS, USFS County ofPltkin&City of Aspen. Bureau of Land Nlanagement.Esd•HERE.Garmin.INCRENENTP,Intermap,USGS.NETIAASA,EPA, USDA PitkinCountyJCIIyofAspenGIS Property• • Address (Assessor's Records) 355 SILVERLODE DR Address (GIS Points) 355 SILVERLODE DR Account R015250 Owner 355 SILVERLODE LLC Owner Address PO BOX 614 NAPLES. FL 34106 GIS Parcel Size 15550.92 Sq. Feet Jurisdiction Aspen Township, Range, Section T:10, R:84, S:7 Sewer System Aspen Consolidated Sanitation District ater District City of Aspen Water Service Area Wre District Aspen Fire Protection District School District Aspen School District No. 1 (RE) Library District Pitkin County Library Boundaries Caucus Smuggler Master Plan Area AACP Zone District Check with your municipality. Zone District Overlays Historic District Not within a Historic District. YA-E Pitkh Maps More r Pitkin Maps & More Map Created on 10:05 AM 06/12/19 at http://www.pitkinmapsandmore.com 188.1 0 94.04 188.1 Feet THIS MAP IS FOR INFORMATIONAL PURPOSES. Pitkin County GIS makes no warranty or guarantee 1: 1.128 concerning the completeness, accuracy, or reliability WGS 1984 Web_Mercator Auxiliary_Sphere O of the content represented. 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