HomeMy WebLinkAboutcoa.lu.co.7th & Main St.A066-01
.~
("""!\
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION 7/3/01
A066-0 1
2735-124-46801
7th & Main Condominiumization
7th & Main
Chris Bendon
Condominiumization
Aspen/Pitkin Housing Authority
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
Approved
12/18/01
J. Lindt
--
~
p..
V\
"
1""""\.
.:;..
n
'''........7
'.
DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to
Section 26.304.070, "Development Orders", and Section 26.308.010,
"Vested Property Rights", of the City of Aspen Municipal Code. This Order
shall expire on the day after the third anniversary of the effective date of the
Order, unless a building permit is approved pursuant to Section 26.304.075,
or unless an exemption from expiration, extension or reinstatement is
granted or a revocation is issued by the City Council pursuant to Section
26.308.010.
This Development Order is associated with the property noted below for the
site specific development plan as described below. .
AspenlPitkin County Housing Authority, 530 E. Main St., Aspen, CO 81611
Property Owner's Name, Mailing Address and telephone number
Lots A, B, C, Block 19, City and Townsite of Aspen, CO 81611
Legal Description and Street Address of Subject Property
Specially Planned Area, Planned Unit Development, Rezoning, Subdivision, GMQS Exemption
Written Description of the Site Specific Plan and/or Attachment Describing Plan
City Council Ordinance #2-2000 , February 28, 2000
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
;-1
i
i
March 10, 2000
Effective Date of Vested Rights (Same as date of publication of notice of approval.)
March 11,2003
Expiration Date of Vested Rights (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen
Municipal Code.)
Issued this lOth day of March, 2000, by the City of Aspen Community
Devel.~ment Director.
(. ''1 -L...- .('~i:-.....5i ..&--
. r. .
Julie 1ftn Woods, CommUnity Development Director
G.Planning.Aspen.fonns.DevOrder
Il
(" i>v;
5(' II- ~~..~
~
[,
,
-<
~
.
)
I
ORDINANCE NO. 2
(SERIES OF 2000)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN
APPROVING THEC()NCEPTUALANDFINAL PLANNED UNIT
DEVELOPMENT, THE CONCEPTUAL AND FINAL SPECIALLY PLANNED
AREA, REZONING TO THE AFFORDABLE HOUSING (AH-POO-SPA) ZONE
DISTRICT, SUBDIVISION, EXEMPTION~ ~~()l\1' IFI~SS()RlNG AND
COMPETITION PROCEDURES OF GROWTH MANAGEMENT FOR
AFFORDABLE HOUSING AND AN ACCESSORY COMMERCIAL STORE FOR
THE 7TH AND MAIN STREET AFFORDABLE HOUSING AND CORNER
STORE PROJECT, LOTS A, B, AND C, BLOCK 19, CITY AND TOWNSITE OF
ASPEN.
Parcel No. 2735.024.09.851
WHEREAS, the Community Development Department received an application
from the City of Aspen, owner and applicant represented by the AspenlPitkin County
Housing Authority for Rezoning, Subdivision, Conceptual and Final Planned Unit
Development, Conceptual and Final Specially Planned Area. and exemptions from the
Growth Management Quota System for affordable housing and accessory commercial
space for a mixed-use development to contain eleven (I I) affordabl,e housing units and a
small commercial store appurtenant to the principal residential use; and,
WHEREAS, the subject parcel is located at the southeast comer of 7'h and Main
Streets, within the Main Street Historic District, and is legally described as Lots A, B, and
C, Block 19, City and Townsite of Aspen; and,
WHEREAS, pursuant to Section 26.415 of the Land Use Code, the proposed
development . has received conceptual development approval' from the Historic
Preservation Commission, pursuant to Resolution 99-41, and is subject to final
development approval from the HPC; and,
, WHEREAS, pursuant to Section 26.304.060, the Special Review for Parking and
Floor Area has been combined with the Planned Unit Development review and the
Residential Design Review has been combined with the Historic Preservation
Commission review; and, l
WHEREAS, pursuant to Sections 26.304, 26.310, 26.440, 26.445, 26.470,
26.480, and 26.710 of the Land Use Code, land use applications requesting land use
review for Rezoning, Specially Planned Area designation, Specially Planned Area
Conceptual and Final plan adoption, Planned Unit Development designation, Planned
Unit Development Conceptual and Final plan adoption. Subdivision approval, and
exemption from the scoring and competition procedures of Grov.'lh Management for
affordable housing and accessory commercial space may be approved. by the City Council
at a duly noticed public hearing after considering recommendations: by the Community
Development Director, the Planning and Zoning Commission made at a duly noticed
Ordinance No.2. Series of 2000
Page I
1111111 11111 1111I1 IlmU1111111 1111111 III 11111 11111111
442658 04/25/2000 03:42P'ORDINANC DAVIS SILVI
1 o( 7 R 35.00 D 0.00 NI 0.00 PITKIN COUNTY CO
,
r-..
n
'.
public hearing, the Aspen/Pitkin County Growth Management Commission made at a
duly noticed public hearing, the Aspen/Pitkin County Housing Authority Board made at a
duly noticed public hearing, the appropriate referral agencies, and members of the general
public; and,
,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City
Water Department, City Engineering, the City Zoning Officer, City Parks Department,
the Aspen/Pitkin County Building Department, the Pitkin County Planning Department,
the Environmental Health Department, the City Transportation Department, and the
Community Development Department reviewed the proposal and recommended approval
with conditions; and,
WHEREAS, during a duly noticed public hearing opened on January 11, 2000,
the Planning and Zoning Commission considered a motion to approve the project and the
motion failed, by a one to six (1-6) vote, resulting in a recommendation that the Aspen
City Council not approve the Rezoning to Affordable Housing, Subdivision, Conceptual
and Final Planned Unit Development, and Conceptual and Final Specially Planned; and,
WHEREAS, during a duly noticed public hearing on January 19, 2000, the
Aspen/Pitkin County Housing Authority Board recommended, by a seven to zero (7-0)
vote, that City Council exempt the affordable housing proposed in the application from
the competition and scoring procedures of Growth Management, with conditions
including the provision of a 12'h affordable residence instead of the commercial space;
and,
WHEREAS, during a duly noticed public hearing on January 25, 2000, the
Aspen/Pitkin County Growth Management Commission considered a motion to
recommend an exemption of the accessory commercial space proposed as a small store
and the motion failed, by a zero to seven (0-7) vote, resulting in a recommendation that
the Aspen City Council not exempt the commercial space from the scoring and
competition procedures of Growth Management; and,
WHEREAS, the Aspen City Council has reviewed and considered the
development proposal under the applicable provisions of the Municipal Code' as identified
herein, has reviewed and considered the recommendation of thl: Planning and Zoning
Commission, the Aspen/Pitkin County Housing Authority Board, ~b.e Aspen/Pitkin County
Growth Management Commission, the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
. WHEREAS, the City Council finds that the development proposal meets or
exceeds all applicable development standards and that the approval of the development
proposal, with conditions, is consistent with the goals and elements of the Aspen Area
Community Plan; and,
WHEREAS, the City Council finds that this Ordinance fi.uthers and is necessary
for the promotion of public health, safety, and welfare. .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO as follows:
Ordinance No.2. Series 00000
Pagel
11111111111111111111111111111111111111111I1111111111111
442658 e4/2!/2eee e3:42P ORDINANC DAVIS SILVI
2 0' 7 R 3!.ee D e.ee N e,00PfTJ<IN eoum CO
~
~.
y
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Municipal Code, the'7th
and Main Street Affordable Housing and Comer Store project. consisting of eleven (11)
permanently affordable dwellings, a commercial store of approximately 650 square feet,
and accessory uses, is hereby granted Conceptual and Final Planned Unit Development,
Conceptual and Final Specially Planned Area, Rezoning to the AH-PUD-SP A Zone
District, Subdivision approval, and exemptions from the Growth Management Quota
System for affordable housing and accessory commercial space, subject to the conditions
of approval described hereinafter.
Section 2:
The Official Zone District Map of the City of Aspen shall be, and is hereby, amended by
the Community Development Director to reflect Lots A, B, and C, Block 19, City and
Townsite of Aspen, as included in the Affordable Housing (AH) Zone District with a
Planned Unit Development (PUD) Overlay, a Specially Planned Area (SPA) Overlay, and.
within the Main Street Historic District.
Section 3:
Conditions of Approval:
1. Within 180 days after final'approval by City Council and prior to applying for a
Building Permit, the applicant shall record a Subdivision Plat and Final PUD
Development Plan. The Subdivision plat shall include easements and signature
blocks for any utility mains that are intended to serve adjacent parcels. The
irrigation ditch will require a maintenance easement iflocated on private property.
The Final PUD Plans shall include an illustrative site plan, landscape plan,
architectura1 character plan, a utility plan, and a grading/drainage mitigation plan.
The landscape plan shall include a signature line for the City Parks Director. The
Illustrative Plan shall be amended to provide a ramp for only the 7th Street crossing.
2. Within 180 days after final approval by City Council and prior to applying for
B'uilding Permit, the applicant shall record a Subdivision/PUD/SP A Agreement
~inding this property to this development approval. The agreement shall state the
ownership and maintenance nature of the common areas of the project. The
agreement shall desctibe the Benedict Commons parking spaces being a..<'Sociated
and 'conveyed with the specific residential units and shall prohibit future
conveyance of these designated parking spaces separate from the corresponding
residential unit.
3. The Commercial Store shall be limited to 650 square feet of net leasable square
footage with accessory storage devoted to the store. Uses allowed in the store shall
be sales of convenience items, pre-packed foods, prepared foods which do not
require a commercial kitchen. indoor and outdoor seating, and various sundries
typically associated with a comer store. Additional similar uses may be approved
by the Community Development Director as an insubstantial amendment. Outdoor
Ordinance No.2, Series of2000
Page 3
111111I 111111111I11111I111111111111111111111111111I 1111
4426$8 04/25/2000 03:42P ORDINANC DAVIS SILVI
3 0' 7 R 3$.00 D 0.00 N 0.00 PITKIN COUNTY CO
'.
t""""\
n
I
,I
"',
seating shall not encroach into the public right-of-way. Conversion ofthis store to
an affordable housing unit shall require recordation of a deed restriction acceptable
to the AspenlPitkin County Housing Authority, provision of an off-site parking
space, any necessary review by the Historic Preservation Commission, and a
building permit. An amendment to the PUD and change in use approval shall not be
required.
4. Parking along Main Street adjacent to the parcel shall be signed for loading and
temporatY 15 minute parking. Delivery vehicles shall use Main Street to the extent
possible. Delivery vehicle parking shall be prohibited in the alleyway. Delivery
times shall be limited to the restrictions of the Commercial Core prohibiting
deliveries between 9 p.m. and 5 a.m.
5. An antique street light shall be installed at the cOIl1erof South 7'h and the alley in a
location approved by the City Electric Department.
6. Eight (8) parking spaces shall be provided on-site for eight (8) residential units.
Three (3) residential units shall receive one (I) parking space at the Benedict
Commons Building. An additional off-site parking space shall be provided if the
commercial unit is converted to a residence. All of these parking spaces shall be
conveyed appurtenant to the associated residential \.\!lit and. shall not be conveyed
separately. The residents shall receive no street parking permits but shall receive
guest parking permits consistent with the policies of the City Parking Department,
as amended. A note describing the off-site parking shall be included on the
Illustrative PUD plan.
7. Zoning requirements for this parcelshall be included on the Illustrative PUD Plan
and shall be the following:
a. Minimum Lot Size. 9,000 square feet
b. Minimum Lot Area per dwelling unit. '12 total units
c. Maximum allowable density. 12 units. (I unit currently commercial)
d. Minimum lot width. 90 feet.
e. Minimum front yard. 8 feet. (From Main Street.)
f.' Minimum side yard. 5 feet.
g. Minimum rear yard. 3 feet.
h. Maximum site coverage. As shown on the Illustrative PUD Plan
1. Maximum height (including view planes). 30 feet..
J. Minimum distance between buildings. As shown on the Illustrative PUD Plan
k. Minimum percent open space. As shown on the Illustrative PUD Plan
l. Trash access area. As shown on the Illustrative PUD Plan
m. Allowable Floor Area. 8,640 square feet.
n. Minimum off-street parking spaces. 8 with 3 space:s provided, in fee, at the
Benedict Commons Parking Garage.
o. Commercial Square Footage. 650 square fef:t of net leasable with
additional accessory storage
associated with the store.
Ordinance No.2. Series of2000
Page 4
111111I1111I11111111111111111111111111111I Y~lll\l~JI
4426!l8 04/25/200~ 030~42NP00::I~~~~~ COUNTY CO
4 of 7 R 35.00 D 0. u .
.~
.'---'"
8. The building permit application shall include:
a) A signed copy of the final Ordinance granting land use approval and a signed
copy of the PUD/Subdivision Agreement.
b) A fugitive dust control plan approved by the Environmental Health Department
which addresses watering of disturbed areas including haul roads, perimeter
silt fencing, daily cleaning of adjacent rights-of-way, speed limits within and
accessing the site, and the ability to request additional measures to prevent a
nuisance during construction.
c) An exterior lighting plan demonstrating compliance with the Outdoor
Lighting Standards of the Land Use Code.
d) A payment for school land dedication in the amount of $1 ,984.32. Building
permit fees and land use fees shall not be required as those fees are waived by
City Council.
e) The appropriate approvals from the Aspen Consolidated Sanitation District for a
line extension and shared service agreement, payment of impact fees,
specifications for improvements including a new manhole, and an approved
contractor to perform the improvements. A pump system will need to be
installed for sanitary sewer drains in the basement levels of the buildings.
9. The trash containers provided on-site shall be "bear proof." meeting the standards of
Ordinance 13, Series of 1999.
10. Prior to issuance of a Certificate of Occupancy the applicant shall:
a) Restore the alley to its pre-construction condition.
b) Record a condominium plat.
c) The adjacent portions of Main Street shall be signed for 15-minute parking
and delivery only.
11. During construction contractor parking shall be limited to the site and currently
permitted sections of7'h Street, Hopkins Avenue, and Main Street. Construction
dumpsters, equipment trailers, etc. shall not be located on Main Street. The
applicant shall gain approval for construction staging areas within the 7th Street
right-of-way and/or within the alley from the City Streets Director. The ll!'plicant
shall encourage contractors to car-pool and/or use of the daily parking lots at the
airport park-and-ride. .
12. The applicant shall wash tracked mud and debris from the street as necessary, and
as requested by the City, during construction.
13. Top soil contaminated with noxious weed seed shall not be placed in the Pitkin
County land fill and shall be disposed of according to the recommendations of the
City Forester.
Ordinance No.2. Series of 2000
Page 5
111111I111111111I11111I111111111 111111111I1111111111111
4426Sa 04/2S/2000 03:42P ORDINANC DAVIS SILVI
S of 7 R 35.00 D 0.00 N 0.00 PITKIN COUNTY CO
..
t""\
n
,
15.
Final Category and sales or rental prices shall be determined by the Aspen City
Council prior to occupancy of the residential units, after considering a
recommendation from the Aspen/Pitkin County Housing Aulhority.
The applicant shall record the Planning and Zoning Resolution, the Growth
Management Commission Resolution, and the Housing Board Resolution with the
Pitkin County Clerk and Recorder located in the Courthouse Plaza Building. There
is a per page recordation fee. In the alternative, the applicant may pay this fee to the .
City Clerk who will record the resolutions.
,
,
\:1
,
14.
Section 4:
All material representations and commitments. made by the applicant pursuant to the
development proposal approvals as herein awarded, whether in public hearing or
documentation presented before the Housing Authority Board, The Growth Management
Commission, or City Council, are hereby incorporated in such plan development approvals
and the same shall be complied with as if fully set forth herein, unless amended by an
authorized entity.
Section 5:
This Ordinance shall not effect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of tht:: ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such
prior ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision imd shall not affect the
validity of the remaining portions thereof. '
Section 7:
Pursuant to Section 26.304.070 of the Municipal Code, the City Clerk shall cause notice of
this Ordinance to be published in a newspaper of general circulation within the City of
Aspen no later than fourteen (14) days following final adoption hen:of.
Section 8: "
A public hearing on the Ordinance was held on the 28th day of February, 2000, at 5:00 in the
City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which
hearing a public notice of the same was published in a newspaper of general circulation
within the City of Aspen.
Ordinance No.2, Series of2000
Page 6
1111111111111111111111111111111111111111111111111111111
4426!58 l!J4/2!5/2l!Jl!Jl!J l!J3:.42P ORDINANC DAVIS SILVI
6 0' 7 R 3!5.l!Jl!J D l!J.l!Jl!J N l!J.l!Jl!J P,TKIN COUNTY CO
,,--....,
r-"
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 141h day of February, 2000.
Attest:
FINALLY, adopted, passed and approved this 28th day of February, 2000.
ApprllVed as to form:
Approved as to content:
. 1:&h~
CitYA to ey
I~
C:\homeICHRlSBICASESI7th&MainIOrdinance.doc
l
Ordinance No.2, Series of2000
Page 7
111111I1111I11111111111111111111 \llllIllIb!!~ll"l~JI
442658 04/25/2000 03:42P00:~I~~~IN COUNTY CO
7 of 7 R 35.00 D 0.00 N .
..
F';
~
, I
'4;
PARKING LEASE AND AGREEMENT
. .' ~
THIS PARKING LEASE AND AGREEMENT is made and entered into as of the \1/ day of March,
1996 by and between Benedict Commons Condominium Association, a Colorado nonprofit corporation,
("Lessor") whose address is 715 East Hyman Avenue, Aspen, Colorado 8'1611 and the City of Aspen,
Colorado ("Lessee") whose address is 130 South Galena Street, Aspen, Colorado 81611.
WITNESSETH:
WHEREAS; Lessor manages the common elements of the Benedict Commons Condominiums,
pursuant to the Condominium Declaration for Benedict Commons Condominiums recorded at Reception
Number~of the Pitkin County real property records (the "Declaration"); and,
WHEREAS, the common elements of the Benedict Commons Condominiums includes the parking
garage, consisting of the entrance ramp, fifty-eight (58) designated parking i.paces, twenty-seven (27) of
which are limited common elements appurtenant to the twenty-seven (27) condc)minium units contained in the
Benedict Commons Condominiums, and thirty-one (31) of which are general common elements, and twenty-
seven (27) storage bins, all of which are managed by Lessor; and
WHEREAS, pursuant to the Declaration, and the Bylaws for the Benedict Commons Condominium
Association ("Bylaws"), the Lessor may grant to Lessee a parking lease for the thirty-one (31) parking spaces
located in the underground parking garage of the Benedict Commons Condominiums and identified as general
common elements on the condominium map for Benedict Commons Condominiums ( the "Lease Premises"),
which map is recorded at Reception Number ~of the Pitkin County real property records (the "Plat");
and,
WHEREAS, Lessor desires to lease the Lease Premises to Lessee in ll=rdance with the terms and
conditions contained in this Parking Lease and Agreement; and,
WHEREAS, Lessee desires to lease from Lessor the Lease Premises in accordance with the terms
and conditions contained in this Parking Lease and Agreement:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficient of which is hereby
acknowledged, and in further consideration of the terms, conditions, covlenants and mutual promises
contained herein, the parties hereto agree as follows:
1; Lease of Premises. Lessor does hereby lease to Lessee and Lessee does hereby rent
from Lessor the following described Lease Premises:
Thirty-one parking spaces in the parking garage of Benedict Commons Condominiums,
defined and described as general common elements of the Oondominium Map for Benedict
Commons Condominiums which map is recorded at Receptiol~ No.1:j6'605 of the Pitkin
County real property records attached hereto as Exhibit "A" and by this reference
incorporated herein (the "Lease Premises").
2. Illrm. Unless sooner terminated, as provided herein, the term of the lease shall be ninety-
nine years, commencing on the effective date hereof.
3. W. Lessee shall not occupy or use the Lease Premises, nor permit or suffer the same
Parking Lease and Agreement for Benedict Commons Condominiums March 4. 1996
Pag,l
\~
,-,
/--\
"';"
"
to be occupied for any purpose except to park vehicles on the Lease Premises in designated parking spaces.
Parking upon the Lease Premises shall be open parking only and no development or structures of any nature
whatsoever shall be permitted thereon, nor shall Lessee permit more than thirty-one vehicles to park
simultaneously on the Lease Premises. Lessee shall use its best efforts to insure that no one parking their
vehicle on the Lease Premises with the permission of Lessee parks in parking spaces not included in the
Lease Premises. Lessee shall comply with all applicable statutes, ordinances, rules, regulations, orders and
requirements relating to the use of the Lease Premises, including any rules and regulations set forth in the
Condominium Declaration and/or Rules and Regulations enacted from time to time by Lessor; orovided,
however, that Lessor shall not enact any Rules or Regulations after the date of this Parking Lease and
Agreement that affect or impact Lessee's use of the Lease Premises or the parking garage nor enact any
Amendments to the Declaration that affect or impact Lessee's use of the Lease Premises or the parking
garage without the prior written consent of the Lessee during the term of the Lease.
4. Access/Ooerations Plan. Lessor, on behalf of itself and the owners of units in the
Benedict Commons Condominiums, hereby reserves the right to access the Lease Premises demised
hereunder in order to provide access to such owners and Lessor to the remaining twenty-seven (27) parking
spaces and to the storage bins in the parking garage ofthe Benedict Commons Condominium. Each party
covenants that neither one shall impair the other's access to their respective parking spaces in the Benedict
Commons Condominium parking garage. Attached hereto as Exhibit B is a plan of operations detailing certain
operations of the Parking Garage and Lease Premises. Lessor and Lessee agree that any changes,
modifications or amendments to the plan shall be in writing, and executed by both Lessor (with Executive
Board approval) and Lessee (with City Council approval).
5. Manacement Maintenance and Reoair. Lessor agrees to manage and maintain the parking
garage, including the Lease Premises, in good repair and condition, including, without limitation, maintenance
of the paved area, curbs, drains, lighting, striping, etc. and to keep the parking garage and Lease Premises
in a sightiy and safe condition. Likewise, Lessor shall pay all charges for gas, electricity and any and all other
utility or maintenance charges in or about the parking garage, including the Lease Premises during the term
of this Lease.
6. Rent. The rent for the term of this lease shall be a sum equal to 31/58 of the cost of all
maintenance, management, repair, gas, electricity and any and all other utility charges, and any and all other
costs incurred by Lessor in connection with the parking garage, except maintenance and repair of the storage
bins, the cost of which is specifically excluded. Lessor shall include a line item in its annual budget for all
maintenance, management, repair, utilities and other costs associated with and incurred by Lessor in the
parking garage, broken down into a level of detail mutually acceptable to Lessor and Lessee. Lessee shall
have the right to approve the garage line item of any budget before it is finally adopted by the Association.
Such budget shall contain a capital reserve for garage repairs, and Lessee shall pay 31/58 of such capital
reserves. Any expenses incurred by the Association with regard to the parking garage, to the extent not
covered in the approved budget, shall require Lessee approval, unless the expense is in the nature of
emergency repairs. Rent payments shall be due within twenty-one (21) days of receipt of a statement of such
costs incurred by Lessor, which statements shall be delivered to Lessee at Lessor's convenience, but not
more frequently than monthly
7. Storace Bins. The garage space also contains twenty-seven (27) storage bins,
which are limited common elements, associated with the individual condominium units. Any costs directly
associated with maintenance or repair of these storage bins shall !l!l1 be included in the garage budget and
shall !l!l1 be included in the amount for which Lessee is responsible for rent. However, all management,
electricity and other utility charges or other charges incurred by the Association in the garage shall be included
in the garage budget and shall be allocated between Lessor and Lessee, without any deduction for any portion
thereof that might otherwise be allocated to the storage bins.
Parking Lease and Agreement for Benedict Commons Condominiums March 4. 1996
Page 2
<<
r-"
n
i.
8. Late Charoes. The Lessee hereby acknowledges that late payment by Lessee to Lessor
of rent or other sums due hereunder will cause Lessor to incur costs not contempl~lted by this Lease, the exact
amount of which shall be extremely difficult to ascertain. Such costS include, but are not limited to, processing
and accounting charges and the late charges which may be impo$ed upon Lessor by terms of any mortgage
or trust deed covering the Lease Premises. A=rdingly, if any installment of rent or any other sum due from
Lessee hereunder shall not be received by Lessor or Lessor's designee on or before twenty-one (21) days
after receipt of a statement for such rent, then Lessee'shall pay to Lessor a late charge of two (2) percentage
points over the prime rate, as stated in the Wall Street Joumal from time to time, on such overdue amount.
The parties hereby agree that such a late charge will represent a fair and reasonable settlement of the cost
that Lessor would incur by reason of the late payment by Lessee. Acceptance of such late charges by Lessor
shall in no event constitute a waiver of ~ess7e'sd7fault .....it~ respect to such overdue amount, nor prevent
Lessor from exercising any of the other rights and remedies granted hereunder unless the entire amount due,
plus late charge, is accepted by Lessor. In addition, any sum for which the Lessee shall be obligated to the
Lessor, which is not received on the due date thereof, shall bear interest at th,a rate of two (2) percentage
points over the prime rate, as stated in the Wall Street Joumal from time to time from and after the due date
until paid. '
9. Personal and Prooertv Taxes. Lessee shall pay, as additional rent hereunder, all personal
property taxes assessed against the personal property used by Lessee and located on the Lease Premises for the tenn of
this lease. Likewise, Lessee shall be responsible for any and all sales, use, withholding !Old other taxes assessed against
the Lease Premises for Lessee's use of the premises and Lessee's prorated portion of real estate taxes for the Lease
Premises.
10. Liability Insurance. The Lessee, at its own cost and explanse, shall provide and keep
in full force for the benefit of the Les~eel3nd the L7ssor (as named or additional insured) during the term
hereof, general liability insurance for claims of liability arising out of, occasioned by or resulting from an
accident or otherwise in or about the Lease Premises, in amounts equal to the monetary limitations contained
in the Govemmentallmmunity Act, Section 24-10-101, et seq., CRS., as amended from time to time. The
parties understand and agree that Lessee is a member of the Colorado Intergovernmental Risk Sharing
Agency (CIRSA) and as such participates in the CIRSA property/Casualty Pool. Copies of the CIRSA policies
and manual are kept at the City Attorney's Office and are available to Lessor for inspection during normal
business hours. In the event that Le,ssee ceases to participate in CIRSA, Lessee shall obtain similar coverage
so as to not allow a lapse in insurance coverage equal to or better than that cum~ntly provided through CIRSA.
To the extent permitted by law, Lessee also agrees to and shall save, hold and keep harmless and indemnify
the Lessor from and against any and all payments, expenses, costs, attorneys' fees and/or damage to
property or injuries to persons occasioned wholly or in part by or resulting from any acts or omissions by the
Lessee or any sublessees, assignees or successors, The parties hereto undelrstand and agree that the City
is relying on, and does not waive or intend to waive by any provision of this Le,ase, the monetary limitations,
or any rights, immunities, and protections provided by all the Colorado Govemrnentallmmunities Act, as from
time to time amended, or otherwise available to Lessee, its officers, or its employees. If for any reason as a
result of Lessee's activities, use, or business, it shall be impossible to obtain fire and other hazard insurance
on the buildings and improvements on the Lease Premises, in an amount ~Ind with insurance companies
acceptable to the Lessor, the Lessor may terminate this Lease and the term hereof, upon giving to Lessee
fifteen (15) days notice in writing of the Lessor's intention to do so and upon the expiration of the time provided
in said notice, this Lease and the term hereof shall terminate. If by reason of the use of the Lease Premises
by the Lessee, Lessor's insurance rates for fire and other hazarcis ~hall be increl3~ed,the Lessee shall pay,
as additional rent, the amounts by which the premiums for such insurance are increased. The Lessee waives
all rights of recovery against the Lessor or Lessor's agents, employees or other representatives, for any loss,
damages or injury of any nature whatsoever to property or persons for which the Lessee is insured. Each
party shall give the other party prompt notice of any claim coming to the knowledge of any party that in any
way directly or indirectly affects either party, and both parties shall have the ri~lht to participate in the defense
of such claim to the extent of its interest.
Parking Lease and Agreement for Benedict Commons Condominiums March 4, 1996
Page 3
~
.~
~
11. Notice of Cancellation of Insurance CoveraC)e. The above insurance poiicies shall contain
clauses substantially similar to the following:
a. Notwithstanding any other provision in this poiicy, the insurance afforded hereunder
to the Lessor shall be primary as to any other insurance or reinsurance covering the Lessor and such
other insurance or reinsurance shall not be required to contribute to any liability until the appropriate
limit of liability afforded hereunder is exhausted.
b. This policy may not be canceled or changed until thirty (30) days after receipt by the
Lessor of a written notice of such cancellation or change in coverage, as endorsed by receipt of a
certified letter, unless such cancellation is a result of nonpayment of premium due, in which case, this
poiicy may not be canceled until ten (10) days after receipt by the Lessor of a written notice of such
cancellation, as endorsed by receipt of a certified letter.
12. Damaae to Premises. If the Lease Premises shall be so damaged by fire or other
catastrophe (which is not caused by the fault or negiigence of the Lessee or imputable to the Lessee) as to
render said Lease Premises untenantable, the Lessee thereupon shall surrender the Lease Premises to the
Lessor. The Lessee shall pay rent, duly apportioned, up to the time of such termination of this Lease.
Notwithstanding the foregoing, in iieu of any termination of the Lease, Lessor may elect, at its sole option,
within thirty (30) days after the event of such damage, to continue the Lease without regard of such damage,
whereupon Lessor shall at its expense make the Lease Premises fit for occupancy and the rent shall be
abated only for the period during which the Lessee shall be deprived of the use of said Lease Premises by
reason of such damage and the repair thereof. If said Lease Premises, without the fault of the Lessee, shall
be siightly damaged by fire or other catastrophe but not so as to render the same untenantable for any
substantial period of time, the Lessor, after receiving notice in writing of the occurrence of the injury, shall
cause the same to be repaired with reasonable promptness; and in such event, rent shall be proportionately
abated, according to the loss of use, until the Lease Premises are substantially restored.
13. Sublease. Lessee shall have the right to sublease any portion or all of the Lease
Premises to any third party(ies) at any time and for any term and for any fee within the term of this lease. Any
sublease shall be subject to the terms of this lease agreement and any sublessee shall be obiigated under
the sublease to comply with the rules, regulations and covenants imposed on the Lease Premises by the
Benedict Commons Condominium Declarations, Articles, Bylaws and Rules and' Regulations enacted by the
Benedict Commons Condominium Executive Board from time to time. The Benedict Commons
Condominiums shall have the authority to enforce said Rules, Regulations and Covenants against any
sublessee of Lessee and any sublease with a sublessee shall make it clear that the Benedict Commons
Condominium Association has such authority. Lessee shall deliver a copy of any sublease to Lessor for
purposes of management of the Lease Premises by Lessor.
14. .s.i!lm. The Lessee shall not place nor allow to be placed any signs of any kind whatsoever,
upon, in or about the said Lease Premises or any part thereof, except of a design and structure and in or at
such places as may be indicated and consented to by the Lessor in writing, which consent shall not be
unreasonably withheld. In case the Lessor or the Lessor's agents, employees or representatives shall deem
it necessary to remove any such signs in order to paint or make any repairs, alterations or improvements in
or upon the Lease Premises, they shall be replaced at the Lessor's expense when the said repairs, alterations
or improvements shall have been completed. Any signs permitted by the Lessor shall at all times conform
with all municipal ordinances or other laws and regulations appiicabie thereto.
Parking Lease and Agreement for Benedict Commons Condominiums March 4, 1996
Page 4
~
~
t""'\
IS. O"",.,"~,.;fu ,,.. ""'" "'" -- "'" ",'"''' "-" """'"' "" "",,,
'" "i'" "'.._"'........ p..-._h'-' A_olW"'''-''-
"''',... W..- '" ~'"'- "'.. -' ",",,'" """"""'. "" """,...-
romp, w>th ....... ""~_. _. -"""" -. .. .- "'.. ""... _. ..
""""'. g","""""" " ",,,,,,__" "',' "'" _'" b=" ,,",.'''''-
",...-. thO......... "..."". "'" "" ", """_. .. ,,,," """"'" """"' woh"~'
"'",""". """,,,,,,",,,, "" ,_ "'.. _ '" ,,, """","""" "'"'" ,"""", .. ol ""
__ _"'_ _"",,, ",re _"'''''''_ ",mp-~""""" thO""!-""
__.. ."".._. '" thO",.,- '" 're" """ "'".... -" """. .." """" "'"
"",....... ""'" "'" oot"re" L.... p- '" '" l"""'" """'" ",_,. ,-,
or extra hazardous.
16. Qp.faUltfT erminatioD.. In the event of a default by Lesse<a upon any term or obligation under
this Lease including any default hereunder by a sublessee of Lessee, this Lease shall terminate thirty (30)
"',..., _, ""'" '" _ do'""'. '"'" by ~ b> """'. """" - - ""'" "" oot
cured such default, in the event of a monetary default, or, in the event of a non-monetary default, Lessee has
not taken such action within the thirty (30) day period which will cure the default within a reasonable period
of time thereafter. Upon termination of thIS Lease, Lessee shall remain liable for such amount as may be in
arrears and due to Lessor.
17. ~urrender of Premises. At the end of the term of this, Lease, Lessee shall surrender the
Lease Premises to Lessor in good condition and repair, excepting for naasonable wear and tear and acts of
God. .
18. Govp.mino Law. This Lease shall be construed and enforced in accordance with the laws of
the State of Colorado. In the event of any litigation arising out of this Llaase, jurisdiction and venue shall rest
with the District Court for Pitk.in County.
19. Jime of F!<sence. Time is of the essence with respect to the performance of every provision
of this Lease in which the time of performance is a factor.
20. Severabilitv.. The termS, conditions. covenants, and provisions of this Lease shall be deemed
to be severable. If any clause or provision herein contained shall be lldjudged to be invalid or unenforceable
by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any
other clause or provision herein, but such other clauses or provisions shall remain in full force and effect.
21. I'lotices. All notices required under the terms of this Lease shall be given in person, by
facsimile transmission, or by mailing such notices by certified or registered mail, return receipt requested, to
the address of the party as shown at the beginning of this Lease, or to such other address as may be
designated in writing, which notice of change of address shall be given in the same manner. If not sooner
received, any notice given by mail shall conclusively be deemed received three (3) days after the date of
certification or registration.
22. fntire Lease. This Lease contains the entire contract between the parties and there are no
other agreements, understandings, representations, or warrantiei. except as expressly set forth herein. No
additions, changes or modifications, renewals or extensions hereof shall be binding unlesS reduced to writing
and signed by the Lessor and Lessee.
23. flp.ferencel>. In all references herein to any partiEls, persons, entities or corporations, the use
of any particular gender or the plural or singular number is intlanded to include the appropriate gender or
number as the text of the within Lease may require.
Page S
Parking Lease and Agreement for Benedict CommonS Condominiums March 4. 1996
r".
,.--......
. 24. l~,,, · "'"-"""U_. Th'H~". "'" "'"_ of_I. No
""""""e of ~- "" 'me",,,, ~"" """"" ~ """"""e, ".. "''''''' '- ''''' "'," ~ .
""""".. '- '"' "" -or" ~ ",,' of.. '-. "'''' ."n"" _ '" ,_, '" '" '"
.""',,""" -. I",,,. "'" '"""- '" bio, """'to "y _ ~ obti,,,,,,,,,. Th."""
'"'''' wh", "" m .. I"" "''' """" '" ,_ o. ..._ ,,," of.. ""'" "" "'y o.~
-, ~ .-.. of o. ""'" '""""" by 0...._ ,_.., '" ~e""."", of "'_ "y
of the terms of this lease.
25. Bindino Effeg. All the terms, covenants, and conditions herein contained shall be for and
'hoof ."~ '" O. b.,,,,, of "" "'" bio' O. ""J>""'" """" h.,"", "" .., h.." _,
administrators, personal or legal representatives, successors and assigns respectively.
26. Ootion to Purchase lease Premise!!. lessee shall have the option to purchase the lease
Premises from lessor at any time during the term of this lease, for no cost, other than the costs incurred to
condominiumize the spaces for sale, as described below. To purchase the lease Premises, they must be
condominiumized. In the event lessee desires to purchase the lease Premises, it shall so notify lessor and
lessee shall undertake to condominiumize the lease Premises. lessor shall cooperate in any way necessary
and assist lessee in such condominiumization of the lease Premises, but lessee shall pay all costs thereof,
inclUding without limitation, lessee's and lessor's attomey's fees, all land use application fees, consultant's
fees, plat amendment and recording fees, Condominium Declaration Amendment fees, and exactions or other
fees imposed by the City of Aspen for said COndominiumization approval. Upon completion of such
condominiumization and payment of all such costs by lessee, the lease Premises shall be delivered to
le~see, with no further payment to lessor.
27. Enforc"rnentlAltnmev's Fee!;!. Either party may enforce this instrument by an appropriate
action at law or in equity and the prevailing party in any Such litigation shall be entitled to recover its costs and
attorneys' fees in connection therewith.
IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year above
first Written.
LESSEE:
CITY OF ASPEN
By:
lESSOR:
BENEDICT COMMONS CONDOMINIUMSASSOCIATION
~
Parking Lease and Agreement for Benedict Commons Condominiums March 4, 1996
Page 6
,4:--
,....",
,
n
,EXHIBI'f B
,~ . ,.
BENEDICT COMMONS HOMEOWNERS ASSOCIATION
1996 BUDGET
Unit EXtlenses
Per Unit'
Month
Fire Monitorinq Service
Insurance
Common utilities
Avq. Gas Useaqe
Gas Loan
Water
Sewer
Electric
Trash Service
Prop. Maint. Fee
Capital Reserve
$3.52
12.49
16.19
18.77
20.00
8.75
8.34
5.37
30.00
20.00
Subtotal
143.43
27/58 Share of Garaqe
Total Unit Expense
23.18
$166.61
proj ec:t
Mont]~
$95..00
337..08
437.08
506,.75
540.00
236.25
225.25
145.00
810.00
540.00
3872.41
625.82
$4.498.23
Project
Year
$1,140.00
4,045.00
5,245.00
6,081.00
6,480.00
2,835.00
2,703.00
1,740.00
9,720.00
6,480.00
46.469.00
7,509.00
$53.978.00
Garacre EXtlenses
Per Space
Month
InsUrance
Common Utilities
Avq. Gas Useaqe
Gas Loan
Water
Electric
General Maint.
Parkinq Enforcement
Capital Reserve
$1. 94
4.83
0.46
0.17
5.61
5.17
5.00
$23.18
Total Garaqe Expenses
27/58 Share to Units
31/58 Share to city
$23.18
23.18
Garagre
Mont1i~
$112.42
280.00
26.67
10.00
325.25
300.00
290.00
$1.344.34
$625.82
718.52
Garaqe
Year
$1,349.00
3,365.00
320.00
120.00
3,903.00
3,600.00
3,480.00
$16.137.00
$7,509.00
8,628.00
A proved & Adopted
i \:n0. ..ti.;I.fLJ~t
o eowners Associat.ion
2
,/,"-"
.r---
;
BENEDICT COMMONS HOMEOWNERS ASSOCIATION
1996 BUDGET DETAIL
Fire Monitorinl! - Bid from Robertson Security at $30/mth for on-call fire
monitoring + $50/mth for two required phone lines + $ 15/mth for once per
year inspection of system.. Estimated monthly cost at $95 total.
Insurance - Estimate total bldg replacement cost of $3 million.
Homeowners expo for Replacement and Liability coverage = $4,045/yr.
Garage Liability and Replacement insurance cost = $1,349/yr.
Total Insurance cost = $5,394/yr.
Common Utilities
Gas - Estimate from Project Engineers of$5245/yr for residential unit
heat and domestic hot water.
Gas Loan - $26,000 loan from RMNG payments of $533 .43/mth with
19/20ths allocated to Homeowners ($506.76/mth) and 1/20th or
$26.67/mth to Garage. This loan will be paid-off in 5 years.
Water - Rough estimate of $20 per unit/mth as per Chris Everhart at
City Water and Electric Dept.
Sewer - $8.75 per unit/mth as estimated from Metro Sanitation Dept.
Electric - Estimated monthly kilowatt hours - 8,100.
Charge per kwh is .06461 + 5.2% sales tax = $550.55/mth
Garage portion allocated at 60% or $325.27/mth for lights, pumps,
vents, etc. Remaining $225.28/mth allocated to units for heat tape and
exterior lighting.
3
rt
~:,
r,
t"\
;.~
Trash Service - Low bid of $9l.05/mth for once per week pick up of2- 2
yard dumpsters provided by BPI + $54/mth for 1 x per week pick up of 3 _
90gal. Containers for recycling purposes provided by BFI. Total waste
removal of$145.05/mth for project.
Prooertv Maintenance Fee - Estimated at $30/unit/molllth
Caoital Reserves - set at $20/unit/month.
GARAGE EXPENSES DETAlL
Insurance - $1,520+ $130 for Heating Equipment Replacement coverage.
$1,650/yr for the project.
Common Utilities
Gas - Project Engineers estimate garage heating and snowmelt gas at
$3,365/yr or $58 per parking space/yr.
Gas Loan - 1/20th of the cost ofloan from RMNG at
$26.67/mth. This loan will be paid offin 5 years.
Water - Water use for cleaning of garage estimated at $10/mth
Electric - $325.27/mth or $3,903.24/yr as describc:d in unit expense
detail
General Maintenance - Estimated at 20 hours per month at $15/hr =
$300/mth.
Parkin!! Enforcement - Enforcement will be performed on an "as needed"
basis and any costs will be billed to violator, unit owner or City as
necessary.
I
j
I
I
I
Caoital Reserve - $5 per space per month = $290/mth
4
c~
n
Housing Office
City of Aspen/Pitkin County
530 East Main Street, lower level
Aspen, Colorado 81611
(970) 920-5050
Fax; (970) 920-5580
www.aspenhousingoffice.com
May 31, 2001
~r~.o'
~)~.
Chris Bendon
City of Aspen Community Development Dept.
130 S Galena Street
Aspen, CO 81611
RE: 7th and Main Condo Plat
Dear Chris:
Attached are the items for the Subdivision exemption for Condominiumization
application for the APCHA project referred to as "ih and Main."
Applicant: AspenlPitkin County Housing Authority
Project Manager: Lee Novak 920-5137
530 E Main Street, Aspen, CO 81611
Project: 7th and Main Street Affordable Housing.
Legal Description - Lots A, B, C of Block 19, City and Townsite of Aspen.
Request: The applicant is requesting a condominium form of ownership for the 12-
unit building at 7th and Main Streets. The building is 11 residential units and one
commercial unit. Different owners will own each of the 11 residential units. The single
commercial unit shall be owned by the City of Aspen and rented to an independent
operator.
Thank you for your expeditious review of this application.
Very Truly Yours,
*~
Executive Director
~
~
'\0
~
~
\--
c{
~~
I~
~p,:
i;;::;
Ow
1il'"
r",
nccmdcllal
Rer:<<pliclIl'
. Recor
I f.. III ..111 ..11.111I1' III IIIlmlll.lflll "'1111111111'
412624 01/16/1998 r--~0P ND D~ SILVl
I 0' 2 R 11.00 D 0,"" N 0.00 (~N COUNTY C'O
r=
WARRANTY DEED
TillS DEED, Made this
16th
dayaf January
19 98. belween
partnership
aflhe
SEVENTH & MAIN VENTURE, a Colorado 'general
.Cauntyaf
Pitkin
and Stale or
Colorado. granlor, and THE CrTY OF ASPEN, a municipal corporatio
>
"
..,
~
whose legal address is 130 S. Galena Street, Aspen, CO 81611
"
o
"
'"
H
'"
'"
s:
..,
H
!i!
m
~
'"
o
>I
F'
of lhe County of Pitkin and Stille of Color-lIlo, ~rllnlce:
WITNF~C:;SEl'lI, That the granlor for Ind in consideration ur lhe slim of
Ten Dollars ,($10.00) and other good and valuable consideration----------_-f)f>>:.cITRS.
Ihe receifll and ~url1ciellcy ofwhlch is hereby Ilcknuwlc:dlled, has gnmled, bargained, suh.l Illld cllnvc}'l:tl~ and hy these presenls docs J;lranl, hllrgnin, sell,
~vcy Ind cunfirm, Ullto lhe granlee. his heirs and assigns forever, all the rell property lll~elher wilh improvemenls, iran)'. siluRle.lrin[!. Bnd being inlhe
o ~ CounlY or Pi tkin and Slate or Coltlrado describi:d IS folltlWs:
Rl~
-
'"
'"
:?
o
o
o
o
o
Lots A, B, and C, Block 19, CITY AND TOWNSITE OF ASPEN;
><>
...
3
-
as known by street and number IS:
a5stsSor's schedule or percel number:
TOGETHER with all and singulllr the he~ditarnents and appurtenances Ihereto belonging. nr in anywise appertaining. and lhe reversion and
~versions, ~mainder IInd renlllnden;. renls, issues Bnd pronts lhereof, Bnd all the eslate. right, litle. inlerest, daim rind demand WhlU!oever of the
grantor, either in law or equity, of, in and to the abOve bnrgained premises, with ,llle heredilamtnls and appurlenances.
TO HAVE AND TO nOLD the said premises abclVt bargained and described, with the Brpurlenanees. unto Ihe grnntee, his heirs nnd assigns
forever. And lhe grllntor. rorhimsen, his heirs, and personal represenlatives, dllCs eovenant. grant, bargain, antI agree loand wilh the granlee, his beirs and
assigns, lhallt lhe lime oflheensealing andddiveryofthese presenls, he is well seized of the premises above conveyed,lll's good, sure. petfecl, ahsnlule
Ind indefeasible eSlate ofinherhlnce. in IIIW, in fee simple, amI has good righI, full powcrand lawful authority 10 grant, bargain, sell :md convey the Sllllle
in manner and form IS aforesaid, Ind lhat the s~une are rree and dear frum all fotlner and olher grants, bargains, sales. liens, tllxes, ltssessmcnts,
cncumbranctSandreslriclionsofwhateverkindornaturesoever,excefll general real estate taxes for 1998 and
subsequent years, and those matters set forth on Exhibit "A" attached hereto and
made a part hereof.
<0
en
~
-
~
-
;;
C>
!;::!
-
...
~
~
=
C>
-
0-
~I
~;j
N~ ~
.....~ ~
'<t'e:
County of Pi tkin
}"
The foregoinginslrument WlIS acknowledged before me lhis / ~ day of January ,]998 ,
g:~e~~tR~~~t~er~gr~~S.n~Sa~e~E~~~n~~:>~=f.~E ~~~E~IT~ ~t~EXE~~~R~AT~I8~1~:.3ZLLAG
as ~enerbl Partner~ at sa~d partnerth!p.
My commission expires ~c-' " -f.-- -....:.. \ .19 '7&J ,Wilness my hand al~d offiCial sea,1.
(6 '''^ '0 \ l~i
!,}, l~~:_l"lr ,. I '/~'VYi n {j1--
" ~ C OTY~
",', '''UDI..I ,
"',' ...r,l
.lrinDenver,lnserl"Ci!y~n~."( ': t.~_:,~".
..'.........::.:::.:.>,..
ER,
NIUDI: and Add~orPl:nll;la Crutfal Ne.orly Crelltd LepI Description (f 31J..3S.106.S, C.R.SJ
, ,
No. 932A, Rev. 4.94. WARRANTY DEED (FOr Photo;Taphl~ Rectlrd)
Bildford Publbhing, 174JWazee St., Denver, CO 80202 _ (3DJ) 292-2500 _ 4.94
~
i..
..
~
"
'.",
.
t)
EXHIBIT "An
1. Reservations and exceptions as set forth in the Deed from the City of
Aspen recorded in Book S9 at Page 2~S and in Book S9 at Page 434
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 he1<:l under existing :Laws".
2. provisions of ordinance No. SO, Series 1~'7G, designating the
property to be part of a historic district.
Ut~~4'!1II11111111111111111111111111111111111111111111
2012 RI/IS/199S 02,30P NO DAVIS SILVI
11.00 D 0.00 N 0.00 PITKIN COUNTY CO