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0041. 2018.ASLU 550 E MAIN STREET CONDOMINIUMIZATION 273707324006 & 007 SC6,,",- t � 4 R C 11 PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PROJECT ADDRESS PARCEL ID PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0041.2018.ASLU 550 E MAIN ST 2735 073 24 006 & 2735 073 24 007 JENNIFER PHELAN APPLICATION FOR CONDOMINIUMIZATION /_w_\►1aR14:1IVIF LJ 08/09/18 CLOSED BY BONNIE SHILES 8/20/2018 Permits 27f 57 07 52 q00 � 60� Xf I- 20 15• ,A-g L,-LA File Edit Record Navigate Form RE .,rts Format Tab Help 1 11 Jump 1 ✓ 1 Q �© Clear I , Main Custom Fields Routing Status Fee Summary Actions Routing History it bt'Pe �slu Aspen Land Use Permit 0041.2018.ASLU �� _ N Address JEEC E MAIN S- AptySuite City i SPEFi State CO zip C.1c11 ermit Information ber permit Routing queue aslul` Project Status pending Description APPLICATION FOR CONCOMINIUMtZ4TION OF THE SEC E MAIN HOUSING PROJECT S97r.CC - 50% FEE YVAIJERAPPROVE D BY JESSICA. AND JENNIFER FEES TO BE PAID S487.EC VIA INTERNAL FUNDS TRANSFER - JEFF PANDARVIS Submitted A.LA N RICHMAN Clock Running Days Submitted via Applied C = 13:! 2 C 18, Approved Issued Closed/Final Expires C-;C2,,2C19 Owner Last name CITY OFASPEN First name 130 S GALENAST Phone (970)429-2783 Address ASPEN CO 81611 Applicant Fv] Owner is applicant? ❑ Contractor is applicant? 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B' rt.6' 11.2'9' m 7 ].3' p m m A S `V 1` .7'S IT O m 00 u W wB 916.0' W [4 Q p L m m ' h ' a s.o' b'9 0'b m O fS ^ n iL 3' 5 , 5.4' 11.1' 09 � tt O W ^^k o LLAF j 0.9' O .00'b 7.9' w FV- Wq x z SEG W A ��va OA .9 �0 V er Lo 1.6/ h i 10 O u'bl aza' W4 V 3.9 Z ^ W �V U F- 9.9' �j 77 b N 3.B' 1 -4 4.9' 1.0' S.0' 9.3' O a ° U 0 � 0.9' .0'L V 89 ' d ° 9.3' F u� U Ie y 4.T 2 Jm 3. B' IzzC — J 22.].55 W LJ j i�em��aurniMn�r�u RECEPTION#: 649443, R: $228.00, D: $0.00 DOC CODE: CONDO DECLAR Pg 1 of 44, 08/09/2018 at 01:41:47 PM Janice K. Vos Caudill, Pitkin County, CO CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS Name of Common Interest Community: Type of Common Interest Community: Name of the Association: 550 Employee Housing Condominiums Condominium 550 Employee Housing Condominiums Association, Inc. Entity Executing the Declaration: City of Aspen RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 2 of 44, Janice K. Vos Caudill, Pitkin C , CO TABLE OF CONTENTS RECITALS.............................................................................................................. ARTICLE1................................................................................................................................................... I DECLARATION AND SUBMISSION................................................................................................... I Section1.1 Declaration................................................................................................................. l ARTICLE2................................................................................................................................................... I DEFINITIONS......................................................................................................................................... I Section2.1 "Agency...........................................................................................I.......................... Section 2.2 ..Allocated Interests"... ............................................................................................... Section2.3 "Articles.. ...................................................................................................................2 Section2.4 "Annual Assessment"................................................................................................. 2 Section2.5 "Assessments................................................................................................•.............2 Section2.6 "Association"............................................................................................................. 2 Section 2.7 ................ "Association Documents"....................................................................... ...2 Section2.9 "Bylaws"........................................................................................I...................I.......2 Section 2.9 "Clerk and Recorder"................................................................................................. 2 Section2.10 "Common Element"................................................................................................... 2 Section 2.11 "Common Expenses"................................................................................................. 3 Section2.12 "County......................................................................................................................3 Section2.13 "Declaration'...............................................................................................................3 Section 2.14 "Declaration ofAnnexation* ....................................................................................... 3 Section2.15 "Deed Restriction".................................................................................................... 3 Section 2.16 "Eligible Mortgagee".................................................................................................3 Section 2.17 "Executive Board".....................................................................................................3 Section2.18 "First Mortgage"........................................................................................................4 Section 2.19 "First Mortgagee".......................................................................................................4 Section 2.20 "Good Standing'.........................................................................................................4 Section2.21 "Manager"............................................................................................. ..................... Section2.22 '*Map*..........................................................................................................................4 Section2.23 "Member"...................................................................................................................'4 Section2.24 "Mortgage..............................................................................................._................... 4 Section2.25 "Mortgagee"............................................................................................................... 4 Section2.26 "Owner".......................................................................................................... ... 4 Section2.27 "Permitted User.. .........................................................................................:.............. 4 Section2.28 'Project'.....................................................................................:...............................4 Section2.29 "Rules".......................................................................................................................4 Section 2.30 "Successor Declarant"................................................................................................4 Section2.31 "Unit".........................................................................................................................4 ARTICLE3................................................................................................................................................... 5 NAME, DIVISION INTO UNITS...........................................................................................................5 Section3.1 Name..........................................................................................................................5 Section3.2 Association.................................................................................................................5 Section 3.3 Maximum Number of Units....................................................................................... 5 Section 3.4 Identification of Units................................................................................................ 5 Section 3.5 Description of Units...................................................................................................5 Section 3.6 Separate Parcels and Taxation....................................................................................6 ARTICLE4...................................................................................................................................................6 RESTRICTIONSON USE OF UNITS....................................................................................................6 Section 4.1 Use and Occupancy Regulation, General...................................................................6 Section 4.2 Residential Use of Units.............................................................................................6 T RECEPTION#: 649443, 08/09/2018 at 01:41:4 , Pgs 3 of 44, Janice K. Vos Caudill, Pitkin C CO Section 4.3 Right to Adopt Rules Regulating Units and Common Elements ............................... 6 Section 4.4 Occupancy Restrictions..............................................................................................6 Section 4.5 Damage Caused by Owner or Permitted User........................................................... 8 Section 4.6 No Partition, Subdivision or Combination.................................................................8 ARTICLE5...................................................................................................................................................8 MEMBERSHIP AND VOTING RIGHTS: ASSOCIATION OPERATIONS..........................................8 Section5.1 The Association.......................................................................................................... 8 Section 5.2 Transfer of Membership............................................................................................. 8 Section 5.3 Membership, Voting Rights........................................................................................8 Section5.4 Declarant Control.......................................................................................................8 Section 5.5 Delivery of Documents by Declarant.........................................................................9 Section5.6 Executive Board....................................................................................................... 10 Section 5.7 Books and Records................................................................................................... 10 Section5.8 Manager...................................................................................................................10 ARTICLE6................................................................................................................................................. 10 DUTIES AND POWERS OF THE ASSOCIATION AND EXECUTIVE BOARD .............................. 10 Section 6.1 Duties and Powers of the Association...................................................................... 10 Section 6.2 Powers of the Executive Board................................................................................ 14 ARTICLE7................................................................................................................................................. 14 MECHANIC'S LIENS........................................................................................................................... 14 Section7.1 No Liability.............................................................................................................. 14 Section7.2 Indemnification........................................................................................................ 14 Section 7.3 Association Action................................................................................................... 14 ARTICLE8.................................................................................................................................................15 EASEMENTS... ...................................................................................................................................... 15 Section 8.1 Recorded Easements................................................................................................ 15 Section 8.2 Declarant's Rights Incident to Construction............................................................15 Section8.3 Utility Easements.....................................................................................................15 Section 8.4 Reservation of Easements, Exceptions and Exclusions...........................................15 Section 8.5 Emergency Access....................................................................................................15 Section 8.6 Maintenance and Repair Access............................................................................... 16 Section 8.7 Support Easement.....................................................................................................16 ARTICLE9................................................................................................................................................. 16 MAINTENANCE................................................................................................................................... 16 Section 9.1 Maintenance by Owners........................................................................................... 16 Section 9.2 Owner's Failure to Maintain or Repair.................................................................... 17 Section 9.3 Maintenance by Association.................................................................................... 17 Section 9.4 Association Maintenance as Common Expense....................................................... 17 Section 9.5 No Other Alterations to Common Elements............................................................ 17 ARTICLE10............................................................................................................................................... 18 INSURANCE......................................................................................................................................... 18 Section 10.1 General Insurance Provisions................................................................................... 18 Section 10.2 Certificates of Insurance. Cancellation.................................................................... 19 Section 10.3 Insurance Proceeds...................................................................................................19 Section 10.4 Repair and Replacement..........................................................................................20 Section 10.5 Fidelity Insurance.....................................................................................................20 Section 10.6 Workers' Compensation Insurance...........................................................................20 Section 10.7 Directors and Officers Liability Insurance...............................................................20 Section10.8 Other Insurance........................................................................................................ 20 Section 10.9 Common Expenses...................................................................................................21 ARTICLE11...............................................................................................................................................21 TY! RECEPTION#: 649443, 08109/2018 at 01:41:4 Pgs 4 of 44, Janice K. Vos Caudill, Pitkin C , CO ASSESSMENTS....................................................................................................................................21 Section11.1 Obligation.................................................................................................................21 Section11.2 Budget ............................... .......................................................................................21 Section 11.3 Annual Assessments................................................................................................. 21 Section 11.4 Date of Commencement of Annual Assessments.....................................................22 Section 11.5 Special Assessments.................................................................................................22 Section 11.6 Default Assessments................................................................................................. 22 Section 11.7 Effect of Nonpayment: Assessment Lien................................................................. 22 Section 11.8 Payment by Mortgagee............................................................................................23 Section 11.9 Statement of Status of Assessment Payment............................................................23 Section 11.10 Maintenance Accounts: Accounting......................................................................... 23 ARTICLE12...............................................................................................................................................24 DAMAGE OR DESTRUCTION ...........................................................................................................24 Section 12.1 The Role of the Executive Board............................................................................. 24 Section 12.2 Estimate of Damages or Destruction........................................................................24 Section 12.3 Repair and Reconstruction.......................................................................................24 Section 12.4 Funds for Repair and Reconstruction.......................................................................24 Section 12.5 Disbursement of Funds for Repair and Reconstruction...........................................24 ARTICLE13...............................................................................................................................................25 CONDEMNATION.......................................................................................................................... 25 Section 13.1 Rights of Owners...................................................................................................... 25 Section 13.2 Partial Condemnation, Distribution of Award: Reconstruction................................25 Section 13.3 Complete Condemnation.......................................................................................... 25 ARTICLE14...............................................................................................................................................25 ASSOCIATION AS ATTORNEY-IN-FACT..........................................................................................25 ARTICLE15...............................................................................................................................................26 ALTERATIONS, ADDITIONS OR IMPROVEMENTS.......................................................................26 TOCOMMON ELEMENTS ..................................................................................................................26 Section 15.1 Alterations, Additions or Improvements to Common Elements..............................26 Section 15.2 Governmental Approval...........................................................................................26 Section 15.3 Architectural Review Committee.............................................................................26 Section 15.4 Association Right to Remove Unauthorized Alterations, Additions or Improvements 26 ARTICLE16...............................................................................................................................................27 MORTGAGEE'S RIGHTS....................................................................................................................27 Section 16.1 Title Taken by First Mortgagee................................................................................27 Section 16.2 Distribution of Insurance or Condemnation Proceeds.............................................27 Section 16.3 Right to Pay Taxes and Charges...............................................................................27 Section 16.4 Audited Financial Statement....................................................................................27 Section16.5 Notice of Action....................................................................................................... 27 Section 16.6 Action by Mortgagee................................................................................................27 Section16.7 Junior Mortgages......................................................................................................28 ARTICLE17...............................................................................................................................................28 DURATION OF COVENANTS AND AMENDMENT........................................................................28 Section17.1 Tenn......................................................................................................................... 28 Section17.2 Amendment..............................................................................................................28 Section 17.3 Amendment for Certain Actions.............................................................................. 29 Section 17.4 Execution of Amendment......................................................................................... 29 Section 17.5 Declarant's Right to Amend.....................................................................................29 ARTICLE18...............................................................................................................................................30 LIMITON TIMESHARING ............................. ..................................................................................... 30 iv RECEPTION#: 649443, 08/09/2018 at 01:41: , Pgs 5 of 44, Janice K. Vos Caudill, Pitkin Co ARTICLE19...............................................................................................................................................30 DISPUTERESOLUTION......................................................................................................................30 Section 19.1 Intent of Article; Applicability of Article; Applicability of Statutes of Limitation..30 Section 19.2 Definitions Applicable to This Article...................................................................... 30 Section 19.3 Exclusions from "Claim.. .........................................................................................31 Section19.4 Right to Inspect ..................................................... :.................................................. 31 Section 19.5 Mandatory Procedures.............................................................................................32 Section19.6 Amendment..............................................................................................................33 ARTICLE20...............................................................................................................................................33 GENERAL PROVISIONS .....................................................................................................................33 Section 20.1 Restriction on Declarant Powers.............................................................................33 Section20.2 Notice.......................................................................................................................33 Section20.3 Enforcement.............................................................................................................33 Section20.4 Severability..............................................................................................................34 Section 20.5 Conflicts Between Documents .................................................. ...........................34 Section 20.6 Disclosures and Owners' Acknowledgment.............................................................34 EXHIBITA ................................ .................................................................................................................36 EXHIBITB.................................................................................................................................................37 EXHIBITC.................................................................................................................................................38 v RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 6 of 44, Janice K. Vos Caudill, Pitkin C , CO CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS THIS CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS (the "Declaration") is made as of August 9, 2018, by the City of Aspen (''the Declarant"). R FUITAI .S A. Declarant is owner of that certain real property located in the City of Aspen, Pitkin County, Colorado, more particularly described on the attached Exhibit A (the "Property"). B. Declarant desires to create a condominium common interest community pursuant to the Colorado Compton Interest Ownership Act, as set forth in Colorado Revised Statute § 38-33.3-101 e1 sec. (the "Act"). under the name of 550 Employee Housing Condominiums. ARTICLE 1 DECLARATION AND SUBMISSION Section 1.1 Declaration. Declarant hereby declares that the Property shall be held, sold and conveyed subject to the following covenants, restrictions and easements which shall run with the land and be binding on all parties and heirs, successors and assigns of parties having any right. title or interest in all or any part of the Property. Additionally. Declarant hereby submits the Property to the provisions of the Colorado Common Interest Ownership Act. ARTICLE 2 DEFINITIONS The following words when used in this Declaration shall have the following meanings: Section 2.1 "Agency" means any agency or corporation such as Housing and Urban Development (HUD). Department of Veteran's Affairs ("VA"), Federal National Mortgage Association ("Fannie Mae") or Federal Home Loan Mortgage Corporation ("Freddie Mac"), or any similar entity or agency that purchases, underwrites, insures or guarantees residential mortgages. Section 2.2 "Allocated Interests" the undivided interest in the Assessments and votes in the Association allocated to each Unit as set forth in Exhibit B. which is attached to this Declaration and incorporated by this reference. The formulas for the Allocated Interests are as follows: 2.2.1 "Percentage Share of Common Expenses and Percentage Share of Ownership of Common Elements": Subject to the Board's right to assess expenses as provided in Sections 11.3. 11.5 and 11.6. the allocated interests in a Unit's share of the Common Expenses and the percentage share of ownership of Compton Elements is determined by the percentage equivalent to a fraction, the numerator of which shall be the area of a Unit as specified in Exhibit H. and the denominator of which shall be the area of all Units in the Project as specified in Exhibit B. The percentage share of Common Expenses and the percentage share of ownership of Common Elements at the time of the recording of this Declaration is set forth in Exhibit B. 2.2.2 "Votin ": The Owners of each Unit shall be entitled to one (1) vote in the affairs of the Association. No Owner shall be entitled to vote in any matter who is not in Good Standing with the Association. All Owners in Good Standing shall be entitled to vote in accordance with the provisions of Section 5.3. RECEPTION#: 649443, 0810912018 at 01:41:4 , Pgs 7 of 44, Janice K. Vos Caudill, Pitkin f CO Section 2.3 "Articles" mean the Articles of Incorporation for 550 Employee Housing Condominium Association, Inc., currently on file with the Colorado Secretary of State, and any amendments that may be made to those Articles from time to time. Section 2.4 "Annual Assessment" means the Assessment levied pursuant to an annual budget. Section 2.5 "Assessments" means the Annual, Special and Default Assessments levied pursuant to Article I I below. Assessments are also referred to as a common expense liability as defined under the Act. Section 2.6 "Association" means 550 Employee Housing Condominiums Association, Inc., and its successors and assigns. Section 2.7 "Association Documents" means this Declaration, the Articles of Incorporation, the Bylaws, the Map, and Rules. Section 2.8 "Bylaws" the Bylaws adopted by the Association, as amended from time to time. Section 2.9 "Clerk and Recorder" means the office of the Clerk and Recorder in Pitkin County, Colorado. Section 2.10 "Common Element" means all portions of the Project except the Units. The Common Elements are owned by the Owners in undivided interests according to the Allocated Interest set forth in Section 2.2.1 above and consist of General Common Elements and Limited Common Elements. 2.10.1 "General Common Elements" means all tangible physical properties of this Project and real property for which the Association has an obligation to maintain, except Limited Common Elements and the Units, and without limiting the foregoing, specifically includes all parts of the structures or any facilities, improvements and fixtures which may be within a Unit which are or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety of the structures or any part thereof or any other Unit. The General Common Elements shall include, without limitation, the following: a. all of the land, and landscaping, grass, shrubbery, trees, plants, gardens and related improvements, including any landscaped areas within dedicated rights -of -way required by the City of Aspen to be maintained by Owners of the Project; b. all foundations, columns, girders, beams and supports of the structures making up the Units; C. the exterior walls of the structures making up the Units; the main or bearing walls within the structures making up the Units; and all portions of the walls, floors or ceilings in a structure that are not part of the Unit as described in Section 2.33 below; d. the unassigned yards, sidewalks, walkways, unassigned parking areas, driveways, paths, and related facilities on the Property; e. solar panels and except as otherwise specifically provided herein, all utility service and maintenance rooms, fixtures, apparatus, equipment, installations and facilities for RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 8 of 44, Janice K. Vos Caudill, Pitkin C , CO power, light, gas, telephone, television, hot water, cold water, heating, or similar utility service or maintenance purposes, including furnaces, pumps, tanks, motors, fans, storm drainage structures, compressors, ducts and in general, all apparatus, installations, and facilities, which serve more than one Unit; and f. in general, all other parts of the Project necessary in common use or convenient to its existence, maintenance and safety. 2.10.2 "Limited Common Elements" means those parts of the Common Elements which are either limited to or reserved in this Declaration, the Map, in a recorded certificate executed by Declarant pursuant to Article 15, or by action of the Association, for the exclusive use of an Owner or are limited to and reserved for the common use of more than one but fewer than all Owners. Without limiting the foregoing, any heating, ventilation and air conditioning system (I IVAC system), portion of a chute, flue, duct, pipe, drain, wire, conduit, bearing wall, bearing column, or other fixture which lies completely or partially within and/or completely or partially outside the designated boundaries of a Unit which serves that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one Unit or any portion of the General Common Elements is a part of the General Common Elements. Storage units located on the first and second floors of the building will be allocated as Limited Common Elements as designated on the Map. Any balconies, patios, or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit. The horizontal boundaries of porches, balconies, decks and patios shall be the same as the interior horizontal boundaries of the Units to which such Limited Common Elements are appurtenant, unless the Map specifically defines other horizontal boundaries. Section 2.11 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association, together with allocations to reserves, including but not limited to: ( l ) all expenses expressly declared to be common expenses by this Declaration or the Bylaws of the Association; (ii) all other expenses of administering, servicing, conserving, managing, maintaining, repairing or replacing the Common Elements; (iii) insurance premiums for the insurance carried under Article 10, and (iv) all expenses lawfully determined to be Common Expenses by the Executive Board_ Section 2.12 "County" means Pitkin County, Colorado. Section 2.13 "Declaration" means this Declaration and the Map, and amendments and supplements thereto. Section 2.14 "Declaration of Annexation" means an instrument which amends this Declaration to add Units and Common Elements to the Project as provided herein. Section 2.15 "Deed Restriction" means a deed restriction agreement between the Aspen/Pitkin Housing Authority and the purchaser of a Unit in the Association. Section 2.16 "Eligible Mortgagee" means a First Mortgagee who has notified the Association, in writing, of its name and address and that it holds a First Mortgage on a Unit. The notice must include the address of the Unit on which it has a First Mortgage. Such notice shall include a request that the First Mortgagee be given the notices and other rights described in Articles 16 and 17. Section 2.17 "Executive Board" means the governing body of the Association. RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 9 of 44, Janice K. Vos Caudill, Pitkin 1 , CO Section 2.18 "First Mortgage" means a Mortgage, the priority of which is not subject to any monetary lien or encumbrance except liens for taxes or other liens that are given priority by statute. Section 2.19 "First Mortg_ageg" means any person named as a Mortgagee in any First Mortgage, or any successor to the interest of any such person under such Mortgage. Section 2.20 "Good Standing- means that an Owner is no more than thirty (30) days late in the payment any Annual, Special or Default Assessments, and who has none of his, her or its membership privileges suspended. Section 2.21 "Manager" means a person or entity engaged by the Association to perform certain duties, powers or functions of the Association, as the Executive Board may authorize from time to time. Section 2.22 "Map" means the Condominium map of the Project recorded with the Clerk and Recorder, depicting a plan and elevation of all or a part of the Property subject to this Declaration and any supplements and amendments thereto. The Map is incorporated herein by reference as if set forth in its entirety. Section 2.23 "Member' means any person or entity that holds membership in the Association. The Owners of each Unit shall hold membership in the Association. Section 2.24 "Mortgage' means any mortgage, deed of trust or other document pledging any Unit or interest therein as security for payment of a debt or obligation. Section 2.25 "Mortgagee" means any person named as a mortgagee or beneficiary in any Mortgage or any successor to the interest of any such person under such Mortgage. Section 2.26 "Owner" means the owner of record, whether one or more persons or entities, of fee simple title to any Unit, and "Owner" also includes the purchaser under a contract for deed covering a Unit with a current right of possession and interest in the Unit. Section 2.27 "Permitted User" means members of the Owner's family, or the Owner's employee, invitee, or licensee. Section 2.28 "Project" means the common interest community created by this Declaration and as shown on the Map consisting of the Property, the Units and the Common Elements. Section 2.29 "Rules" means rules, regulations, procedures, policies and guidelines adopted by the Board. Section 2,30 "Successor Declarant" means any person or entity to whom Declarant assigns any or all of its rights, obligations or interest as Declarant, as evidenced by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. Section 2.31 "Unit" means the fee simple interest and title in and to an individual airspace which is contained within the perimeter windows, doors and unfinished surfaces of perimeter walls. floors and ceilings, together with the appurtenant interest in the Common Elements. All spaces, interior partitions, and other fixtures and improvements within the boundaries of a Unit and all lath, furring. wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring and any other materials 4 RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 10 of 44, Janice K. Vos Caudill, Pitkin CO constituting any part of the interior finished surfaces thereof are a part of the Units. The boundaries of the Unit are depicted on the Map. The Unit shall include any heating and refrigerating elements or related equipment, utility lines and outlets, electrical and plumbing fixtures, pipes and all other related equipment required to provide heating, air conditioning, hot and cold water, electrical or other utility services to the Unit and located within the unfinished walls, ceilings, and floors. For purposes of this definition of Unit, the terms set forth below shall have the meanings ascribed: 2.31.1 "Unfinished Perimeter Wall" means the studs, supports and other wooden, metal or similar structural materials which constitute the interior face of a wall of a Unit, but not including any lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, or other materials. 2.31.2 "Unfinished Ceiling" means the beams, joists and wooden or other structural materials which constitute the ceiling of a Unit , but not including any lath, furring, wallboard. plasterboard, plaster, paneling, tiles, wallpaper, paint, or other materials. 2.31.3 "Unfinished Floor" means the beams, floor joists, floor deck material and concrete which constitute the floor of a Unit, but not including any finished flooring or other materials. Each capitalized term not otherwise defined in this Declaration or in the Map shall have the same meanings specified or used in the Act. ARTICLE 3 NAME, DIVISION INTO UNITS Section 3.1 Name. The name of the Project is 550 Employee Housing Condominiums. The Project is a Condominium pursuant to the Act. Section 3.2 Association. The name of the Association is 550 Employee Housing Condominiums Association, Inc. Declarant has caused the Association to be incorporated as a nonprofit corporation under the laws of the State of Colorado. Section 3.3 Maximum Number of Units. Declarant reserves the right to create a maximum number of eight (8) Units in the Project. Section 3.4 Identification of Units. The identification number of each Unit is described on the Map as it may be amended from time to time. Section 3.5 Description of Units. 3.5.1 Each Unit, the appurtenant interest in the Common Elements and the appurtenant use of Limited Common Elements, shall comprise one Unit, and shall be inseparable and may be transferred, leased, devised or encumbered only as one Unit. Any attempted transfer of the appurtenant interest in the Common Elements or Limited Common Elements shall be void unless the Unit to which that interest is allocated is also transferred. 3.5.2 Any contract of sale, deed, lease, Mortgage, will or other instrument affecting a Unit may describe it by its Unit number, at 550 Employee Housing Condominiums Association, Inc., County of Pitkin, State of Colorado, according to the 550 East Main Street City of Aspen Employee Housing Condominium Plat and as defined and described in the Condominium 5 RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 11 of 44, Janice K. Vos Caudill, Pitkin ty, CO Declaration of 550 Employee Housing Condominiums, thereof describing the date and reception number of recording of the Map and Declaration, as they may be amended from time to time. Section 3.6 Separate Parcels and Taxation. Each Unit shall be deemed to be a parcel and shall be subject to separate assessment and taxation for all types of taxes authorized by law, including ad valorem levies and special assessments. No part of the Project other than Units shall be deemed a parcel. The lien for taxes assessed to any Unit shall be confined to such Unit. No forfeiture or sale of any Unit for delinquent taxes, assessments or other governmental charges shall divest or in any other way affect the title to any other Unit or the Common Elements. ARTICLE 4 RESTRICTIONS ON USE OF UNITS Section 4.1 Use and Occupancy Regulation, General. All of the Units shall be held, conveyed, used, improved, occupied, owned, resided upon and secured subject to a recorded Deed Restriction and the following provisions, conditions, limitations, restrictions, agreements and covenants, as well as those contained elsewhere in this Declaration. These restrictions are general in nature and the Executive Board shall have the power to adopt, amend, repeal and enforce more specific and restrictive Rules as the Board deems to be reasonable and necessary to carry out the intent of this Declaration. Section 4.2 Residential Use of Units. Each Unit shall be used and occupied only as a residence, operating on a nonprofit, noncommercial basis and for home operated businesses, so long as such business is (i) allowed by zoning resolutions; (ii) is not apparent or detectable by sight, sound, smell or vibration from the exterior of the Unit, (iii) does not increase traffic or parking within the Project; and (iv) does not increase the insurance obligation or premium of the Association. Uses described as "day care" or "child care" facilities (whether licensed or unlicensed) are expressly prohibited in the Units. Section 4.3 Right to Adopt Rules Regulating Units and Common Elements. Each Owner and Permitted User may use the Limited Common Elements allocated to his or her Unit and the Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners. The Executive Board may adopt Rules governing or restricting the use of the Units and the Common Elements. Each Owner and Permitted User, by the Owner's acceptance of a deed or other instrument of conveyance or assignment to his or her Unit, agrees to be bound by any such Rules. No Owner or Permitted User shall cause, or further, an obstruction of the Common Elements, nor shall anything be stored on any part of the Common Elements, without prior written consent of the Executive Board. Nothing shall be altered, constructed on, or removed from the Common Elements except upon the prior written consent of the Executive Board. Section 4.4 Occupancy Restrictions. Subject to the Special Declarant Rights reserved under Article 15, the following occupancy restrictions apply to all Units and to the Common Elements: 4.4.1 No offensive or unlawful use may be made of the Property. Owners and Permitted Users shall comply with and conform to all applicable laws and regulations of the United States, the State of Colorado and all other governmental ordinances, rules and regulations. No Unit shall be used for any purpose not in compliance with any local, state or federal law, statute or other ordinance, regulation or rule. No portion of the Property may be used for the manufacture, storage or disposal of hazardous materials other than in reasonable quantities typically used for purposes of residential cleaning, maintenance and repair. No portion of the Property may be used for the growing, sale or dispensing of marijuana or any controlled substance. 6 RECEPTION#: 649443, 08/09/2018 at 01:41:47 Pgs 12 of 44, Janice K. Vos Caudill, Pitkin C F, CO 4.4.2 Except as expressly permitted by this Declaration, no noxious, offensive, dangerous or unsafe activity shall be conducted in or on any Unit or the Common Elements, nor shall anything be done, either willfully or negligently, which may be or become an unreasonable annoyance or nuisance to the other Owners or Permitted Users. No Owner or Permitted User shall make or permit any disturbing noises nor do or permit anything to be done by others that will unreasonably interfere with the rights, comforts or convenience of other Owners or Permitted Users. Determination of whether an activity violates this covenant shall be at the discretion of the Executive Board or a committee appointed by the Executive Board, and shall be subject to Rules adopted by the Executive Board. The terms "annoyance" and "nuisance" shall not include any activities of Declarant which are necessary to the development and construction of, and sales activities on, the Project. 4.4.3 Except as may be approved in writing by the Executive Board, nothing shall be done or kept which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. 4.4.4 Owners and residents shall be permitted to keep one (1) dog or one (1) cat in their Unit. No farm animals or exotic animals shall be permitted in the Project. The right to keep animals as household pets may be further restricted by Rules adopted by the Board. No household pet or animal shall be allowed in or about the Project, including Common Elements, except in compliance with the terms of this Declaration and in compliance with such additional Rules adopted by the Board, which may supplement, but not supersede or be less restrictive than, the provisions of this Section 4.4.4. The Association may enforce applicable governmental regulations pertaining to animals as though such regulations constitute Rules of the Association. 4.4.5 No signs of any nature shall be placed or permitted within the Project except political signs permitted under the Colorado Common Interest Ownership Act. 4.4.6 All trash, garbage or other refuse shall be kept in containers provided by the Association for such purpose, in the area designated for such purpose. The Association shall provide for regular trash removal as a Common Expense. Each Unit at all times shall be kept in a clean, sightly and wholesome condition. The Executive Board may require any Owner to arrange and pay for trash removal of excessive amounts of trash, garbage or other refuse. 4.4.7 All satellite dishes and devices or facilities to transmit or receive electronic signals. radio or television waves are prohibited outside a Unit or a Limited Common Element under the exclusive use and control of an Owner unless first approved by the Executive Board. 4.4.8 Window coverings in Units shall be in compliance with Rules adopted by the Executive Board. 4.4.9 Balconies, decks or patio areas appurtenant to Units may not be used as storage areas. 4.4.10 In addition to the restrictions on use and occupancy set forth above, the Association shall have and may exercise the right to control Owners' use and occupancy of their respective Units in any reasonable and lawful manner approved by the Executive Board. 4.4.11 The smoking of cigarettes, tobacco products, marijuana or any other RECEPTION#: 649443, 0810912018 at 01:41:4 Pgs 13 of 44, Janice K. Vos Caudill, Pitkin , CO substance is prohibited in the Condominium Units, on Limited Common Elements appurtenant to Units and on the Common Elements, except that the smoking of cigarettes and tobacco products is permissible on the Common Elements in locations clearly marked and designated as "Smoking Areas." This smoking prohibition shall apply to Owners of Condominium Units, residents, tenants, guests, licensees, invitees, and any other individual visiting the Association for any purpose whatsoever. Section 4.5 Damage Caused by Owner or Permitted User. If, due to the act or neglect of an Owner or Permitted Users, loss or damage shall occur or be caused to any person or property other than the Owner's Unit, such Owner or Permitted User shall be liable and responsible for the payment of saute. The amount of such loss or damages and any costs incurred by the Association in connection with the enforcement of the Association's rights shall be subject to all of the Association's rights with respect to the collection and enforcement of assessments as provided in this Declaration. Section 4.6 No Partition, Subdivision or Combination. No portion of the Project shall be subject to an action for partition or division and no Units shall be subdivided, resubdivided or combined unless such action is carried out by the Declarant pursuant to this Declaration or the Colorado Common Interest Ownership Act. ARTICLE 5 MEMBERSHIP AND VOTING RIGHTS: ASSOCIATION OPERATIONS Section 5.1 The Association. Every Owner of a Unit shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a Unit. Section 5.2 Transfer of Membership. An Owner shall not transfer, pledge or alienate his or her membership in the Association in any way, except upon the sale or encumbrance of his or her Unit and then only to the purchaser or Mortgagee of his Unit. The Association shall not create a right of first refusal on any Unit and Owners may transfer ownership of their Units free from any such right and subject to the terms of the deed restriction recorded on their Unit. Section 5.3 Membership: Voting Rights. The Association shall have one (1) class of membership consisting of all Owners, including the Declarant so long as Declarant continues to own an interest in a Unit. Except as otherwise provided for in this Declaration, each Member shall be entitled to vote in Association matters as set forth in Section 2.2.2 above. Each Owner, including Declarant while Declarant owns any Unit, is subject to all the rights and duties assigned to Owners under the Association Documents. Section 5.4 Declarant Control. Declarant shall be entitled to appoint and remove the members of the Association's Executive Board and officers of the Association during the Period of Declarant Control. The "Period of Declarant Control" begins with the appointment of the initial Executive Board and continues until the earlier of (a) sixty (60) days after Declarant conveys seventy-five percent (75%) of the Units that may be created to Owners other than Declarant, (b) two (2) years after the last conveyance of a Unit by Declarant in the ordinary course of business, or (c) two (2) years after the right to add new Units was last exercised. Declarant may voluntarily relinquish such power evidenced by a notice executed by Declarant and recorded with the Clerk and Recorder but, in such event, Declarant may at its option require that specified actions of the Association or the Executive Board as described in the recorded notice, during the period Declarant would otherwise be entitled to appoint and remove directors and officers, be approved by Declarant before they become effective. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Units that may be created to Owners other than RECEPTIONM 649443, 08109/2018 at 01:41:4 Pgs 14 of 44, Janice K. Vos Caudill, Pitkin , CO Declarant, at least one ( l) member and not less than twenty-five percent (25%) of the members of the Executive Board shall be elected by Owners other than the Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Units that may be created to Owners other than Declarant, not less than thirty-three and one third percent (33-1/3%) of the members of the Executive Board must be elected by Owners other than the Declarant. Not later than the termination of any Period of Declarant Control, the Owners (which will include Declarant) shall elect an Executive Board of at least three (3) members, at least a majority of whom shall be Owners other than Declarant. The Owners elected to the Board shall take office upon election. Section 5.5 Delivery of Documents by Declarant. Within sixty (60) days after the Owners other than the Declarant elect a majority of the members of the Executive Board, the Declarant shall deliver to the Association all property of the Owners and of the Association held by or controlled by the Declarant, including, without limitation, the following items: 5.5.1 The original or a certified cop}, of the recorded Declaration, as amended, the Articles of Incorporation, Bylaws, minute books, other books and records, and any rules, regulations and policies which may have been promulgated; 5.5.2 An accounting for Association funds and audited financial statements from the date the Association received funds and ending on the date the Period of Declarant Control ends; 5.5.3 The Association funds, books and records; 5.5.4 All of the tangible personal property that has been represented by the Declarant to be the property of the Association or that is necessary for and has been used exclusively in the operation and enjoyment of the Common Elements: 5.5.5 A copy. for the nonexclusive use of the Association, of any plans and specifications used in the construction of improvements in the Project; 5.5.6 All insurance policies then in force in which the Owners, the Association, or its directors and officers are named as insured persons; 5.5.7 Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Project; 5.5.8 Any other permits issued by governmental bodies applicable to the Project and which are currently in force or which were issued within one (1) year prior to the date on which Owners other than the Declarant took control of the Association; 5.5.9 Written warranties of any contractor, subcontractors, suppliers and manufacturers that are still effective; 5.5.10 A roster of Owners and Eligible Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; 5.5.11 Employment contracts in which the Association is a contracting party; and 5.5.12 Any service contract in which the Association is a contracting party or in which the Association or the Owners have any obligation to pay a fee to the person performing the services. 0 RECEPTION#: 649443, 08109/2018 at 01:41:4 Pgs 15 of 44, Janice K. Vos Caudill, Pitkin CO Section 5.6 Executive Board. Except for members of the Executive Board appointed by the Declarant during the Period of Declarant Control, all members of the Executive Board shall be Members of the Association, or in the event that a Member is an entity other than a natural person, such member of the Executive Board shall be an authorized representative of such entity Member. Subject to the provisions of Section 5.4 above, during the Period of Declarant Control the Executive Board shall consist of three (3) directors, none of whom need be Members of the Association. Following the Period of Declarant Control, the Executive Board shall consist of three directors. Notwithstanding any provision of this Declaration or the Bylaws to the contrary, following notice under Section 38-33.3-308 of the Colorado Common Interest Ownership Act, the Owners, by a vote of sixty-seven percent (67%) of the members present and entitled to vote at a meeting of the Owners at which a quorum is present, may remove a member of the Executive Board, other than members of the Executive Board appointed by the Declarant, with or without cause. Section 5.7 Books and Records. Subject to provisions of the Act, the Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to Owners and to Mortgagees, current copies of the Association Documents and the books, records and financial statements of the Association. The Association shall maintain such books and records as may be required under the Act. Section 5.8 Manager. The Association may employ or contract for the services of a Manager to whom the Executive Board may delegate certain powers, functions or duties of the Association. ARTICLE 6 DUTIES AND POWERS OF THE ASSOCIATION AND EXECUTIVE BOARD Section 6.1 Duties and Powers of the Association. The Association has been formed to further the common interests of the Members. The Association may exercise any right or privilege expressly granted to the Association in the Association Documents, by the Act and by the Colorado Revised Nonprofit Corporation Act, whether expressed herein or not. The Association, acting through the Executive Board or persons to whom the Executive Board has delegated such powers, shalt have the duties and powers hereinafter set forth and, in general, the power to do anything that may be necessary or desirable to further the common interests of the Members of the Association, to maintain, improve and enhance the Common Elements, and to maintain, improve and enhance the health, safety, value, attractiveness and desirability of the Project. Without in any way limiting the general scope of the foregoing, the Association shall have the following specific duties and powers: 6. l .1 Duty to Manage and Care for Common Elements. The Association shall regulate the use of, manage, operate, care for, maintain, repair and replace all Common Elements and keep the same in a safe, attractive and desirable condition for the use and enjoyment of the Members. 6.1.2 Duty to Pay Taxes and Assessments. The Association shall pay all taxes and assessments, if any, levied upon the Common Elements and all other taxes and assessments payable by the Association. The Association shall have the right to contest any such taxes or assessments provided that the Association shall contest the same by appropriate legal proceedings which shall have the effect of preventing the collection of the tax or assessment and the sale or foreclosure of any lien for such tax or assessment, and provided that the Association shall keep and hold sufficient funds to pay and discharge the taxes and assessments, together with any interest and penalties which may accrue with respect thereto, if the contest of such taxes is unsuccessful. 10 RECEPTION#: 649443, 0810912018 at 01:41:4 Pgs 16 of 44, Janice K. Vos Caudill, Pitkin r, CO 6.1.3 Duty to Maintain Insurance. The Association shall obtain and keep in full force and effect at all times insurance coverage in accordance with Article 10 of this Declaration. 6.1.4 Duty as to Budgets. The Association shall prepare, and submit to the Owners, annual budgets for revenues, expenditures and reserves for the Association as elsewhere provided in this Declaration. 6. l .5 Duty to Levy and Collect Assessments. The Association shall levy and collect Assessments as elsewhere provided in this Declaration. 6.1.6 Duty to Keep Records. The Association shall keep current copies of this Declaration, the Articles of Incorporation, the Bylaws, the rules and regulations, and the books. records and financial statements of the Association available during normal business hours for inspection, and for copying at a reasonable cost, by Owners and First Mortgagees. 6.1.7 Duty to Maintain Register of Addresses and Notify of Address Change. The Association shall maintain a "Register of Addresses" which contains the address (which shall include the facsimile number, if any, and, if the recipient desires to receive notices from the Association by e-mail, the e-mail address) of each Owner, each Eligible Mortgagee, the Association and Declarant. The initial address for each Owner in the Register of Addresses shall be the address for such Owner set forth in the deed or other instrument of Record conveying the Unit to such Owner, or, if no such address is set forth, the address of the Unit of such Owner. The initial address for an Eligible Mortgagee shall be the address provided by the Eligible Mortgagee to the Association. Any Owner may change its address in the Register of Addresses by giving notice to the Association of a new address in accordance with Section 20.2, and the Association shall update the Register of Addresses in accordance with any such notice. The Association shall provide the address for each Owner as listed in the Register of Addresses to any Member who requests such information and certifies to the Association in writing that they intend to use such information for purposes authorized by this Declaration or under the Rules. The Association shall have no liability to any person (including any Owner, Declarant, and any Eligible Mortgagee) for providing the address as listed in the Register of Addresses, regardless of whether such address is correct or whether any director, officer, employee or agent of the Association has knowledge, actual or imputed, that the address in the Register of Addresses is not correct. No information with respect to Declarant's, any Eligible Mortgagee's or any Owner's address shall be imputed to the Association or any director, officer, employee or agent of the Association, and the Association shall be entitled to rely solely on the initial address determined in accordance with this Section 6.1.7 or the most recent address, if any, furnished to the Association by Declarant, any Eligible Mortgagee, or any Owner by notice given in accordance with Section 20.2. 6.1.8 Power to Adopt Bylaws and Rules. The Association may adopt, amend, repeal and enforce Bylaws and such Rules as may be deemed necessary or desirable with respect to the interpretation and implementation of this Declaration, the operation of the Association, the use and enjoyment of Units or the Common Elements, the use of any other property within the Community, and otherwise for the benefit of the Project and the Owners. Any such Rules shall be reasonable and uniformly applied. Written notice of the adoption, amendment or repeal of any Rules shall be posted at the Association office, and copies of the currently effective Rules shall be made available to each Member upon request and payment of the copying cost. Each Member shall comply with such Rules and shall see that Permitted Users of such Member comply with the Rules. The Rules shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of conflict between the Rules and the provisions of this Declaration, the provisions of this Declaration shall control. RECEPTION#: 649443, 08/0912018 at 01:41:4 Pgs 17 of 44, Janice K. Vos Caudill, Pitkin ty, CO 6.1.9 Power to Enforce Declaration and Rules. The Association shall have the power to enforce the provisions of the Documents, and shall take such action as the Executive Board deems necessary or desirable to cause compliance by each Member and Permitted Users. Without limiting the generality of the foregoing, the Association shall have the power to impose charges for late payment of Assessments, recover reasonable attorney fees and other legal costs for collection of Assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and after notice and opportunity to be heard, levy reasonable fines for violations of the Association Documents. 6.1.10 Power to Make Contracts and Incur Liabilities. The Association shall have the power to make contracts and incur liabilities, except that any contract providing for the services of Declarant may not exceed three years and must provide for termination by either party without cause and without payment of a termination fee on ninety days or less written notice; 6.1.1 1 Power to Grant Easements, Leases, Licenses and Concessions. The Association shall have the power to grant easements, leases, licenses and concessions through or over the Common Elements. 6.1.12 Power to Employ Managers, Other Employees, Agents and Independent Contractors. The Association shal I have the power to retain and pay for the services of a Manager, other employees, agents and independent contractors to undertake any of the management or functions for which the Association has responsibility under this Declaration to the extent deemed advisable from time to time by the Executive Board, and may delegate any of its duties, powers or functions to the Manager, other employees, agents or independent contractors. Any contract or agreement with a Manager shall be terminable by the Association for cause on no more than thirty (30) days prior written notice, and shall be terminable by the Association without cause and without payment of a termination fee on no more than ninety (90) days prior written notice. No such contract or agreement shall be for a term of more than one (1) year but may be subject to renewal for succeeding terms of no more than one year each. Notwithstanding any delegation to a Manager, employee, agent or independent contractor of any duties, powers or functions of the Association, the Association and its Executive Board shall remain ultimately responsible for the performance and exercise of such duties, powers and functions. 6.1.13 Power to Engage Employees, Agents and Consultants. The Association shall have the power to hire and discharge employees and agents and to retain and pay for such legal and accounting services as may be necessary or desirable in connection with the performance of any duties or the exercise of any powers of the Association under this Declaration. 6.1.14 Power to Commence and Maintain Legal Actions. The Association shall have the power to commence and maintain, defend or intervene in litigation, arbitration and administrative proceedings in its own name on behalf of itself or two or more Owners regarding such issues and against such parties as may be deemed appropriate by the Executive Board and as may be permitted under the Act. subject, however, to the provisions of Article 19 herein. In determining whether to commence or maintain legal actions, the Executive Board shall exercise its reasonable judgment, considering, without limitation, the likelihood of success, the impact, if any which such action may have upon the market values of the Units, the cost of pursuing the action including attorneys' fees and expert fees, the resources of the Association and whether a special assessment or depletion of reserves will be required in connection therewith or as a result thereof. 12 RECEPTION#: 649443, 08/0912018 at 01:41:47 Pgs 18 of 44, Janice K. Vos Caudill, Pitkin C , CO 6.1.15 Power to Modify and Improve Common Elements. The Association shall have the power to modify the Common Elements and cause additional improvements to be made as a part of the Common Elements. 6.1.16 Power to Acquire and Maintain Property and Construct Improvements; Power to Convey Common Elements. The Association may acquire property or interests in property for the common benefit of Owners, including improvements and personal property. The Association may construct improvements on property and may demolish existing improvements owned by the Association. The Association shall have the power to maintain public or private rights -of -way and to perform maintenance on any portion of the Project, provided that if such portion of the Project is not owned by the Association, the owner of such portion shall have given its consent to such maintenance. Common Elements may be conveyed in fee only if (a) Members to whom at least sixty-seven percent (67%) of the votes are allocated agree to that action. (b) the provisions of Article 17 are followed with respect to approval of First Mortgagees, and (c) if all Owners of Units to which any Limited Common Element is appurtenant agree in order to convey that Limited Common Element. 6.1.17 Power to Impose Fees and Charges. The Association shall have the power to impose and receive any payments, fees or charges for the use, rental or operation of the Common Elements, and the Association shall have the power to impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid Assessments. 6.1.18 Power to Provide Special Services for Members. The Association shall have the power to provide services to a Member or group of Members. Any service or services to a Member or group of Members shall be provided pursuant to an agreement in writing, which shall provide for payment to the Association by such Member or group of Members of the costs and expense which the Association incurs in providing such services, including a fair share of the overhead expenses of the Association, and shall contain provisions assuring that the obligation to pay for such services shall be binding upon any heirs, personal representatives, successors and assigns of the Member or group of Members, and that the payment for such services shall be secured by a lien on the Units of the Member or group of Members and may be collected in the same manner as an Assessment, or, if the written agreement so provides, in installments as part of the Assessments. 6.1.19 Power to Borrow Money and Mortgage Property. The Association shall have the power to borrow money and assign its future income, including its right to receive Assessments upon resolution of the Executive Board. Further, the Association shall have the power to encumber, in the name of the Association, any right, title or interest in real or personal property, except that Common Elements may be conveyed in fee or subjected to a security interest only if (a) Members to whom at least sixty-seven percent (67%) of the votes are allocated agree to that action, (b) the provisions of Article 16 are followed with respect to approval of First Mortgagees, and (c) if all Owners of Units to which any Limited Common Element is appurtenant agree in order to convey that Limited Common Element or subject it to a security interest. 6.1.20 Power to Indemnff . The Association shall have the power to provide for the indemnification of its officers and Executive Board and maintain directors' and officers' liability insurance. 6. l .21 Power to Cooperate With Other Community Associations. The Association shall have the power at any time, and from time to time, to enter into agreements and otherwise 13 RECEPTION#: 649443, 08/0912018 at 01:41:4 Pgs 19 of 44, Janice K. Vos Caudill, Pitkin , CO cooperate with any other community associations to share the costs and or responsibility for any matters deemed appropriate by the Executive Board, including, without limitation, (a) the construction, care, operation, management, maintenance, repair and replacement of improvements to the Common Elements or for the provision of services which are the responsibility of the Association as provided herein; (b) the providing of public functions to the Project; (c) the enforcement of the provisions of this Declaration for, on behalf of, and in the name of the Association; (d) the collection of Assessments for, in the name of, and on behalf of the Association; (e) the obtaining of insurance for the Association; (f) the appointment and supervision of a Manager for the Association; and (g) such other matters as the Executive Board may deem appropriate or beneficial from time to time in order to increase consistency or coordination, reduce costs, or as may otherwise be deemed appropriate or beneficial. The costs and expenses for all such matters, if any, shall be shared or apportioned between the Association and any other community associations as the Executive Board may determine in its discretion from time to time. 6.1.22 General Corporate Powers. The Association shall have all of the ordinary powers and rights of a Colorado nonprofit corporation formed under the Act and the Colorado Revised Nonprofit Corporation Act, and to do and perform any and all acts which may be necessary or desirable for the governance and operation of the Association, subject only to such limitations upon such powers as may be set forth in this Declaration or in the Articles of Incorporation, the Bylaws of the Association, the Act or the Colorado Revised Nonprofit Corporation Act. Section 6.2 Powers of the Executive Board. Except for such rights as are expressly reserved to the Members herein or in the Bylaws and the Act, the Executive Board shall have the power to, and may act in all instances on behalf of the Association. ARTICLE 7 MECHANIC'S LIENS Section 7.1 No Liability. If any Owner shall cause any material to be furnished to his Unit or any labor to be performed therein or thereon, no Owner of any other Unit, nor the Association, shall under any circumstances be liable for the payment of any expense incurred or for the value of any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor or materials to his Unit. Section 7.2 Indemnification. If, because of any act or omission of any Owner, any mechanics or other lien or order for the payment of money shall be filed against the Common Elements or against any other Owner's Unit or an Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose act or omission forms the basis for such lien or order shall at his own cost and expense cause the same to be cancelled and discharged of record or bonded by a surety company reasonably acceptable to the Association, or to such other Owner or Owners, within twenty (20) days after the date of filing thereof, and further shall indemnify and save all the other Owners and the Association harmless from and against any and all costs, claims, losses or damages including, without limitation, reasonable attorneys' fees resulting therefrom. Section 7.3 Association Action. Labor performed or materials furnished for the Common Elements, if duly authorized by the Association in accordance with this Declaration or the Bylaws, shall be the basis for the filing of a lien pursuant to law against the Common Elements. Any such lien shall be limited to the Common Elements and no lien may be effected against an individual Unit or Units. 14 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 20 of 44, Janice K. Vos Caudill, Pitkin y, CO ARTICLE 8 EASEMENTS Section 8.1 Recorded Easements. The Property shall be subject to all easements set forth herein, those shown on any Map or plat, those of record (including those set forth an Exhibit C attached hereto), those provided in the Act (including easements for encroachment set forth in Section 214 of the Act and an easement for maintenance of any such encroachment), and otherwise as set forth in this Article. Section 8.2 Declarant's Rights Incident to Construction. Declarant, for itself and its successors, assigns, the Association and for Owners in all future phases of the Project hereby reserves an easement for construction, utilities, drainage, ingress and egress over, in, upon, under and across the Common Elements, together with the right to store materials on the Common Elements, to build and maintain temporary walls, and to make such other use of the Common Elements as may be reasonably necessary or incident to any construction of the Units, or improvements on the Property or other real property owned by Declarant, or other properties abutting and contiguous to the Property, or to perform warranty work and repairs and construction work on the Units and Common Elements, to store materials in secure areas and to control and have the right of access to work and repair until completion. Such rights may be exercised by Declarant from time to time, and at different times until completion of the Project by Declarant, and no failure to exercise such rights at any time or for a period of time shall constitute a waiver of the rights contained herein. Section 8.3 Utility Easements. There is hereby created a blanket easement upon, across, over, in and under the Property for the benefit of the Common Elements and the Units and the structures and improvements situated on the Property for ingress and egress, installation, replacing, repairing and maintaining all utilities, including, but not limited to, water, sewer, gas, electricity, telephone, and cable television, except that any such easements not in existence as of the date of recording this Declaration may not be utilized by the utility providers until after receiving written approval from the Executive Board. Said blanket easement includes future utility services not presently available to the Units which may reasonably be required or desirable in the future. By virtue of this easement, after receiving approval of the Executive Board, it shall be expressly permissible for the companies providing utilities to erect and maintain the necessary equipment on any of the Common Elements and to affix and maintain electrical and/or telephone wires, circuits, conduits and pipes on, above, across and under the roofs and exterior walls of the improvements, all in a manner customary for such companies in the area surrounding the Property, subject to approval by the Association as provided above. Upon exercise of the rights contained in this Section, the utility providers, at their sole cost and expense, shall repair (or replace if necessary) the Property and all improvements thereon to their condition as they existed prior to the utility providers performing any work. Section 8.4 Reservation of Easements, Exceptions and Exclusions. The Association is hereby granted the right to establish from time to time, by declaration or otherwise, utility and other easements, permits or licenses over the Common Elements for the best interest of all the Owners and the Association. Each Owner is hereby granted a perpetual non-exclusive right of ingress to and egress from the Owner's Unit over and across the General Common and Limited Common Elements appurtenant to that Owner's Unit, which right shall be appurtenant to the Owner's Unit, and which right shall be subject to limited and reasonable restriction on the use of Common Elements set forth in writing by the Association, such as for closure for repairs and maintenance. Section 8.5 Emergency Access. A general easement is hereby granted to all police, sheriff, fire protection, ambulance and other similar emergency agencies or persons to enter upon the Property in the proper performance of their duties. 15 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 21 of 44, Janice K. Vos Caudill, Pitkin , CO Section 8.6 Maintenance and Repair Access. Some of the Common Elements are or may be located within a Unit, or are accessible only through a Unit. All Owners shall permit a right of entry to the Executive Board, or any other person authorized by the Executive Board, whether the Owner is present or not, for access through each Unit to all Common Elements, from time to time, as may be necessary for the routine maintenance, repair, or replacement of any of the Common Elements located thereon or accessible therefrom or for making emergency repairs necessary to prevent damage to the Common Elements or to another Unit. For routine maintenance and non -emergency repairs, entry shall be made only on a regular business day during regular business hours, after service of at least one day's notice in writing to the Owner. In case of emergency, entry may be made at any time provided that a reasonable effort according to the circumstances is made to give notice of entry. The Board or its agent is granted the authority to use such reasonable force as is necessary to gain entry into the Unit in the event of an emergency, if no other means of entry are available in view of the circumstances. So long as the Owner has provided access as set forth above, the Association shall bear the full responsibility and expense of all damages incurred to the Unit and/or Common Elements because of such forcible entry. All damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements, at the instance of or as the result of the acts or omissions of the Association, shall be paid for as a Common Expense of the Association. No Owner shall be entitled to diminution or abatement for inconveniences or discomfort arising from the making of repairs or improvements or from action taken to comply with any law, ordinance or order of any governmental authority. Restoration of the damaged improvements shall be substantially to the same as the condition in which they existed prior to the damage. Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, then such Owner shall be solely responsible for the costs of repairing such damage. In the event the Owner fails within a reasonable time upon proper notice to pay the cost of the damages incurred, the Board may pay for said damages and charge the Owner responsible as a Default Assessment. Section 8.7 Support Easement. Each Unit is subject to a blanket easement for support and a blanket easement for the maintenance of structures or improvements presently situated or to be built in the future on the Property or the Expansion Property. ARTICLE 9 MAINTENANCE Section 9.1 Maintenance by Owners. Subject to the assumption by the City of Aspen of specified maintenance responsibilities for the Units as may be memorialized in a maintenance agreement between the City of Aspen and the Association or the City of Aspen and the Owner(s), each Owner shall maintain, repair and replace, as necessary: (a) the interior of his or her Unit, including non -supporting walls and the surface materials such as plasters, drywall, paneling, wallpaper, paint, tile and carpeting of the perimeter walls, ceilings and floors within the Unit, including Unit doors, windows and screens; (b) fixtures and equipment installed within the Unit, including maintenance or repairs thereto to the extent necessary in order to avoid damaging other Owners; (c) utility service lines serving the Unit at the point where such lines enter the boundaries of the Units; (d) the Limited Common Elements appurtenant to such Owner's Unit, except that the Association shall be responsible for maintaining, repairing or replacing balconies and storage spaces designated as Limited Common Elements and Limited Common Elements that serve more than one Unit; and (e) those portions of the Common Elements and the Units, including the Owner's Unit, damaged or destroyed by an event of casualty. An Owner shall do no act or any work that will impair the structural soundness or integrity of the Common Elements or impair any easement. 16 RECEPTION#: 649443, 0810912018 at 01:41: Pgs 22 of 44, Janice K. Vos Caudill, Pitkin , CO Subject to changes in any maintenance agreement entered into between the City of Aspen and the Association relating to the maintenance of Units, the Association reserves the right, from time to time, and at different times, to assign the responsibility for maintenance of the improvements (including Common Elements) to the Owners of the Units, and the Owners are obligated to accept such maintenance responsibility, provided that such assignment is done in a uniform and nondiscriminatory manner. Further, the Association reserves the right to revoke any responsibility delegated under this Section 9.1, from time to time, and at different times, in which event the Association or the City of Aspen shall be resume the responsibility for such maintenance. Subject to availability of any insurance proceeds, in the event of damage or destruction of a Limited Common Element from any cause other than the negligence or tortious acts of an Owner or Permitted User, the then Owners of the Units to which the Limited Common Element is appurtenant shall equally bear the expense to repair or rebuild the Limited Common Element to its previous condition. The Owner shall bear the cost of such damage to the extent of such Owner's or Permitted User's negligence. Section 9.2 Owner's Failure to Maintain or Repair. In the event that a Unit (including the allocated Limited Common Elements) is not properly maintained and repaired, and if the maintenance responsibility for the unmaintained portion of the Unit lies with the Owner of the Unit, or in the event that the Common Elements or a Unit is damaged or destroyed due to the failure of an Owner to properly maintain or repair the Unit, and the Owner does not take reasonable measures to diligently pursue the repair and reconstruction of those portions of the damaged or destroyed Common Element or Unit for which the Owner is responsible to substantially the same condition in which they existed prior to the damage or destruction, then the Association, shall have the right to enter upon the Unit to perform such work as is reasonably required to restore the Common Elements and the Unit to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Unit, upon demand. All unreimbursed costs shall be a Default Assessment against the Unit until reimbursement is made. Section 9.3 Maintenance by Association. The Association shall be responsible for the maintenance and repair of the Common Elements, whether located inside or outside of Units (except as set forth in Section 9.1 above and unless necessitated by damage caused by the negligence, misuse or tortious act of an Owner or Permitted User as set forth in Section 9.4 below), which shall be the Common Expense of all Owners. Section 9.4 Association Maintenance as Common Expense. Subject to availability of any insurance proceeds, the cost of maintenance and repair by the Association shall be a Common Expense. Damage to the interior or any part of a Unit resulting from the maintenance, repair, or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the instance of the Association shall also be Common Expense of all of the Owners. However, if such damage is caused by negligent or tortious acts of an Owner, or Permitted User, then such Owner shall be responsible and liable for all of such damage and the cost thereof, to the extent that Owner or Permitted User's negligence caused such damage, which must be timely paid. Section 9.5 No Other Alterations to Common Elements. Except as required herein, no Owner shall make any addition or other alteration to any portion of the Common Elements (either General and Limited Common Elements), no matter how minor, without the express written consent of the Executive Board, which consent may be withheld in the Executive Board's sole and absolute discretion. 17 RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 23 of 44, Janice K. Vos Caudill, Pitkin 1, CO ARTICLE 10 INSURANCE Section 10.1 General Insurance Provisions. The Association shall acquire and pay for, out of the assessments levied under Article 1 I below, the following insurance policies carried with reputable insurance companies authorized to do business in Colorado: 10.1.1 Property Insurance Coverage. Broad form property insurance, including coverage for fire, vandalism, malicious mischief, all-risk, replacement cost, and building law and ordinance coverage, in amounts determined by the Board to represent not less than the full then current insurable replacement cost of the buildings located in the Project and the Common Elements, but excluding building excavations and foundations if such insurance is not readily available for an affordable premium, as determined by the Board. The Association's property insurance shall also provide coverage for the Units, except for the following components and items which shall be covered by insurance carried by the Owners of each Unit: (1) the finished interior surfaces of the walls, floors and ceilings of the Units; (2) the cabinets, counter tops, lighting fixtures, appliances (regardless of whether such appliances are free standing or built in), other fixtures and other components, elements or materials serving only that Unit; and (3) any betterments and improvements, additions, or alterations to the Units made by any Owner, or on their behalf, at any time following original construction of the Unit. The property insurance coverage the Association will carry on the Units is commonly referred to as "bare walls coverage." Maximum deductible amounts for the property insurance coverage the Association is required to carry pursuant to this Section 10.1.1 shall be determined by the Board, provided, however, that if an Agency requires specific deductibles, the Board may follow the Agency's requirements. Each Owner shall be responsible for obtaining additional or supplemental insurance coverage as specified in Section 10.1.4 of this Declaration. 10.1.2 Commercial General Liability. Commercial general liability insurance for the Project in such amounts as the Executive Board deems desirable, provided that such coverage shall be for at least $1,000,000 for bodily injury, including death and property damage arising out of a single occurrence insuring the Association, the Executive Board, the Manager, if any, and their respective agents and employees, and the Owners from liability in connection with the operation, maintenance and use of Common Elements and must include a "severability of interest" clause or specific endorsement. Such coverage shall also include legal liability arising out of contracts of the Association and such other risks as are customarily covered with respect to condominiums similar to the Project in the Denver metropolitan area including automobile liability insurance if appropriate. The executive Board shall not enter into employment contracts or independent contractor contracts of any kind unless the contracting party provides evidence (such as a Certificate of Insurance) to the Executive Board that such party has current and satisfactory insurance, including workers compensation insurance, commercial general liability and automobile insurance on all of which the Association is named as an additional insured. 10.1.3 Requirements of Hazard Insurance and Comprehensive Liability Insurance. The insurance policies required by Sections 10. L l and 10.1.2 above maybe carried in blanket policy form naming the Association as the insured, for the use and benefit of and as attorney -in -fact for the Owners. Each Owner shall be an insured person under the policy with respect to liability arising out of such Owner's interest in the Common Elements or membership in the Association. 18 RECEPTION#: 649443, 0810912018 at 01:41:4 Pgs 24 of 44, Janice K. Vos Caudill, Pitkin F, CO Each Mortgagee and its successors or assigns shall be a beneficiary of the policy in the percentages of Common Expenses for the Unit which the Mortgage encumbers. The insurance company shall waive its rights of subrogation under the insurance policy against any Owner or member of the Owner's household. No act or omission by any Owner, unless acting within the scope of such Owner's authority on behalf of the Association, shall void the insurance policy or be a condition to recovery under the insurance policy. If, at the time of a loss under an insurance policy described above there is other insurance in the name of the Owner covering the same risk covered by the policy, the Association's policy shall provide primary insurance. 10.1.4 Mandatory Owner's Insurance. The Owners of each Unit, at their own expense, shall obtain and maintain property insurance on their Unit, including all finished interior walls, floors and ceilings of the Owner's Unit, cabinets, counter tops, lighting fixtures, floor coverings, bathroom fixtures, appliances (regardless of whether such appliances are free standing or built in), other fixtures, and other components, elements or materials serving only their Unit, and any betterments and improvements, additions, or alterations to his or her Unit. The Owners of each Unit shall also be responsible for obtaining insurance on all personal property, as well as personal liability coverage. Should an Owner fail to maintain the property insurance required herein, such Owner (or the principals of any Owner who is not an individual) shall be personally liable for the amount of all losses that would have been covered had the required insurance been maintained. Within thirty days of obtaining or renewing their insurance as required by this Section, each Owner of a Unit shall deliver to the Association a certificate of insurance providing proof that the Owner is carrying the insurance required by this Section 10.1.4. The Association shall have no obligation to obtain a certificate of insurance from each owner or confirm that the coverage obtained by an Owner is sufficient to comply with the requirements of this Section and the Association shall not be liable for an Owner's failure to comply with the duties imposed by this Section 10.1.4. Section 10.2 Certificates of Insurance. Cancellation. Certificates of insurance shall be issued to each Owner and Mortgagee upon request. All policies required to be carried under this Article 10 shall provide a standard non-contributory mortgagee clause in favor of each First Mortgagee of a Unit and shall provide that such policy cannot be canceled by the insurance company without at least thirty (30) days prior written notice to each Owner and each First Mortgagee whose address is shown in the records maintained pursuant to the Association's documents. If the insurance described in Article 10 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefor having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Owners and to all First Mortgagees. Section 10.3 Insurance Proceeds. Any loss covered by the Association's insurance policies described in Section 10.1 must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any trustee designated for that purpose. or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Owners and Mortgagees as their interests may appear. Subject to the provisions of Section 10.4 below, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Owners and Mortgagees are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored or the regime created by this Declaration is terminated. E RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 25 of 44, Janice K. Vos Caudill, Pitkin /, CO Section 10.4 Repair and Replacement. Any portion of the Common Elements for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association unless: 10.4.1 The common interest community created by this Declaration is terminated in which case the approval must first be obtained of Owners to whom sixty-seven percent (67%) of the votes in the Association are allocated; 10.4.2 Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; 10.4.3 There is a vote not to repair or replace by (a) Owners to whom at least sixty- seven percent (67%) of vote in the Association are allocated and (b) every Owner of a Unit or assigned Limited Common Element that will not be repaired or replaced; or 10.4.4 Prior to the conveyance of any Unit to a person other than Declarant, the Mortgagee holding a Mortgage on the damaged portion of the Common Elements rightfully demands all or a substantial part of the insurance proceeds. The cost of repair or replacement of Common Elements in excess of insurance proceeds and reserves is a Common Expense. If all the Common Elements are not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged area to a condition compatible with the remainder of the Project, and except to the extent that other persons will be distributees, the insurance proceeds must be distributed to all the Owners or Mortgagees, as their interests may appear in proportion to each Owner's allocated interests in ownership of the Common Elements. Section 10.5 Fidelity Insurance. Fidelity insurance or fidelity bonds must be maintained by the Association to protect against dishonest acts on the part of its officers, directors, trustees and employees and on the part of all others, including any manager hired by the Association, who handle or are responsible for handling the funds belonging to or administered by the Association in an amount not less than the greater of (a) fifty thousand dollars ($50,000) or (b) the estimated maximum of funds, including reserve funds, in the custody of the Association or management agent as the case may be, at any given time during the term of each policy as calculated from the current budget of the Association but in no event less than a sum equal to three (3) months' aggregate assessments plus reserve funds. In addition, if responsibility for handling funds is delegated to a Manager, such insurance or bonds must be obtained by or for the Manager and its officers, employees and agents, as applicable. Such fidelity insurance or bonds shall contain waivers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Section 10.6 Workers' Compensation Insurance. The Executive Board shall obtain workers' compensation in the amounts and forms as may now or hereafter be required by law. Section 10.7 Directors and Officers Liability Insurance. The Association shall also maintain insurance to the extent reasonably available and in such amounts as the Executive Board may deem appropriate on behalf of the Executive Board and the Association's officers against any liability asserted against a member of the Executive Board or incurred by him in his capacity of or arising out of his status as a member of the Executive Board. Section 10.8 Other Insurance. The Association shall maintain flood insurance if any part of the Project is located within a Special Flood Hazard Area on a Flood Insurance Rate Map, equal to the lesser of 100% of the insurable value of the Project or the maximum coverage available under the 20 RECEPTION#: 649443, 08109/2018 at 01:41:4 Pgs 26 of 44, Janice K. Vos Caudill, Pitkin 1, CO appropriate National Flood Insurance Program. The Executive Board may obtain insurance against such other risks of a similar or dissimilar nature as it shall deem appropriate with respect to the Association's responsibilities and duties or as requested by any Agency. Section 10.9 Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses, provided, however, that if some of the insurance is attributable to some but not all of the Units, the Association reserves the right to charge the Owners for which the insurance coverage is attributable, an amount equal to the premium attributable to such additional insurance coverage. ARTICLE I 1 ASSESSMENTS Section 11.1 Obligation. In addition to any assessment obligations to the Master Association, each Owner, including Declarant while an Owner of any Unit, is obligated to pay to the Association (l ) the Annual Assessments; (2) Special Assessments; and (3) Default Assessments. Each Assessment against a Unit is the personal obligation, jointly and severally, of the Owner(s) at the time the Assessment became due and shall not pass to successors in title unless they agree to assume the obligation. No Owner may exempt himself from liability for the Assessment by abandonment of his Unit or by waiver of the use or enjoyment of all or any part of the Common Elements. Suit to recover a money judgment for unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, and all reasonable attorneys' fees in connection therewith shall be maintainable without foreclosing or waiving the Assessment lien provided in this Declaration. All Assessments shall be payable in accordance with the levy thereof, and no offsets or deductions thereof shall be permitted for any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under the Association Documents. Section 11.2 Budget. The Executive Board shall, in advance, prepare and adopt a proposed Common Expense budget at least ninety (90) days before expiration of the fiscal year based on estimated Common Expenses. Estimated Common Expenses shall include, but shall not be limited to, the cost of routine maintenance and operation of the Common Elements, expenses of management and insurance premiums for insurance coverage as required herein or deemed desirable or necessary by the Association, landscaping of the Common Elements, care of grounds within the Common Elements, routine repairs and renovations within the Common Elements, wages, common water and sewer utility charges for the Common Elements and the Units, legal and accounting fees, management fees, expenses and liabilities incurred by the Association under or by reason of this Declaration, and the creation of a reasonable and adequate contingency or other reserve or surplus fund for insurance deductibles and general, routine maintenance, repairs and replacement of improvements within the Common Elements on a periodic basis, as needed. Within ninety days after adoption of the proposed budget, the Executive Board shall mail, by ordinary first-class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting of the Owners to consider the budget. Such meeting shall occur within a reasonable time after mailing or other delivery of the summary, or as allowed for in the Bylaws. The Executive Board shall give notice to the Owners of the meeting as allowed for in the Bylaws. The budget proposed by the Executive Board does not require approval from the Owners and it will be deemed approved by the Owners in the absence of a veto at the noticed meeting by the Owners to whom at least fifty-one percent (51 %) of the interests in Common Elements are allocated, whether or not a quorum is present. In the event that a proposed budget is rejected, the periodic budget last approved by the Executive Board shall be continued until such time as the Owners ratify a subsequent budget proposed by the Executive Board. Section 11.3 Annual Assessments. Annual Assessments made for Common Expenses shall be based upon the adopted budget. The Executive Board shall levy and assess the Annual Assessments to 21 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 27 of 44, Janice K. Vos Caudill, Pitkin F, CO each Owner in accordance with the Allocated Interests in effect on the date of the Annual Assessment, provided, however, that any expense associated with the maintenance, repair or replacement of a Limited Common Element (other than parking spaces and patios) shall be assessed against the Units to which the Limited Common Element is assigned, equally among such Units, and the Executive Board reserves the right to allocate all expenses relating to fewer than all of the Units to the owners of those affected Units only. Annual Assessments shall be payable in advance monthly or on such other basis as may be determined by the Executive Board, and shall be due on the first day of each period in regular installments on a prorated basis. The omission or failure of the Association to fix the Annual Assessments for any assessment shall not be deemed a waiver, modification or release of the Owners from their obligation to pay the same. Section 11.4 Date of Commencement of Annual Assessments. The Annual Assessments shall commence as to each Unit on the first day of the month following the effective date of adoption of the budget. Until commencement of the Annual Assessments, the Declarant shall pay all Common Expenses of the Association. Section 11.5 Special Assessments. In addition to the Annual Assessments, the Executive Board may levy in any fiscal year one or more Special Assessments, without the necessity of a special vote or approval of the Owners, payable over such a period as the Executive Board may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of improvements within the Common Elements or for any other expense incurred or to be incurred as provided in this Declaration. Any amounts assessed pursuant to this Section shall be assessed to Owners according to their Allocated Interests for Common Expenses, subject to the right of the Association to assess the Special Assessment only against the Owners of affected Units. Notice in writing of the amount of such Special Assessments and the time for payment of the Special Assessments shall be given promptly to the Owners, and no payment shall be due less thirty (30) days after such notice has been given. Section 11.6 Default Assessments. All monetary fines assessed against an Owner pursuant to the Association Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Association Documents, shall be a Default Assessment and shall become a lien against such Owner's Unit which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least ten (10) days prior to the due date. Section 11.7 Effect of Nonpayment: Assessment Lien. Any Assessment installment, whether pertaining to any Annual, Special or Default Assessment, which is not paid when due shall be delinquent. If an Assessment installment becomes delinquent, the Association, in its sole discretion, may take any or all of the following actions: (i) If the delinquency continues for a period of fifteen (15) days, assess a late charge for each delinquency in such amount as the Association deems appropriate; (ii) If the delinquency continues for a period of thirty (30) days, assess an interest charge from the due date until paid at the yearly rate of eighteen percent (18%) per year; (iii) Suspend the voting rights of the Owner during any period of delinquency; (iv) Accelerate all remaining Assessment installments so that unpaid assessments for the remainder of the fiscal year shall be due and payable at once; 22 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 28 of 44, Janice K. Vos Caudill, Pitkin y, CO (v) Bring an action at law against any Owner personally obligated to pay the delinquent Assessments; (vi) Proceed with foreclosure as set forth in more detail below; and (vii) Suspend any of the Owner's membership privileges. Assessments chargeable to any Unit shall constitute a lien on such Unit. Such lien will be subject to the provisions of Colorado Revised Statutes, Section 38-33.3-316. Such lien will be superior to all other liens, except (i) the liens of all taxes. bonds, assessments and other levies which by law should be superior and (ii) the lien or charge of any first mortgage made in good faith and for value. Notwithstanding the foregoing, the Association's lien for delinquent Assessments will be prior to a first mortgage to the extent of an amount equal to the Assessments which would have come due, in the absence of acceleration, during the six months immediately preceding institution by either the Association or any First Mortgagee of an action or a nonjudicial foreclosure either to enforce or extinguish the lien. The Association may institute foreclosure proceedings against the defaulting Owner's Unit in the manner for foreclosing a mortgage on real property under the laws of the State of Colorado. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid Assessments, any penalties and interest thereon, the cost and expenses of such proceedings, the cost and expenses for filing the notice of the claim and lien, and all reasonable attorney's fees incurred in connection with the enforcement of the lien. The Owner shall be required to pay the Association the monthly assessment installments for the Unit during the period of any foreclosure. The Association shall have the power to bid on a Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. The Association's lien shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Colorado or any homestead exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to a Unit subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. Section 11.8 Payment by Mortgagee. Any Mortgagee holding a lien on a Unit may pay any unpaid amount payable with respect to such Unit, together with any and all costs and expenses incurred with respect to the lien and upon such payment that Mortgagee shall have a lien on the Unit for the amounts paid with the same priority as the lien of the Mortgage. Section 11.9 Statement of Status of Assessment Payment. Upon fourteen (14) days' written request to the Association's registered agent by personal delivery or certified mail, first-class postage prepaid, return receipt, any Owner, designee of Owner, Agency, Mortgagee, prospective Mortgagee or prospective purchaser of a Unit shall be furnished with a written statement setting forth the amount of the unpaid Assessments, if any, with respect to such Unit. Unless such statement shall be issued by personal delivery or by certified mail, first class postage prepaid, return receipt requested to the inquiring party (in which event the date of posting shall be deemed the date of delivery) within fourteen (14) days after receipt of the request, the Association shall have no right to assert a lien upon the Unit for unpaid Assessments which were due as of the date of the request. Section 1 1.10 Maintenance Accounts: Accountine. If the Association delegates powers of the Executive Board or its officers relating to collection, deposit, transfer or disbursement of Association funds to other persons or to a manager, then such other persons or manager must (a) maintain all funds and accounts of the Association separate from the funds and accounts of other associations managed by the other person or manager, (b) maintain all reserve accounts of the Association separate from the operational accounts of the Association. and (c) provide to the Association no less than once per quarter an accounting for the previous quarter. In addition, the Association shall obtain an annual accounting and 23 RECEPTION*: 649443, 08/09/2018 at 01:41:4 gs 29 of 44, Janice K. Vos Caudill, Pitkin CO financial statement of Association funds (on either a review or audit basis, at the Association's discretion) and annual tax returns prepared by a certified public accountant. ARTICLE 12 DAMAGE OR DESTRUCTION Section 12.1 The Role of the Executive Board. Except as provided in Section 10.4, in the event of damage to or destruction of all or part of any Common Elements, or other property covered by insurance written in the name of the Association under Article 10. the Executive Board shall arrange for and supervise the prompt repair and restoration of the damaged property (the property insured by the Association pursuant to Article 10 is sometimes referred to as the "Association -Insured Property"). Section 12.2 Estimate of Damages or Destruction. As soon as practicable after an event causing damage to or destruction of any part of the Association -Insured Property, the Executive Board shall, unless such damage or destruction shall be minor, obtain an estimate or estimates that it deems reliable and complete of the costs of repair and reconstruction. "Repair and reconstruction" as used in this Article shall mean restoring the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction unless the approval is obtained from Owners to whom at least sixty-seven percent (67%) of the ownership interests in the Common Elements are allocated, including every Owner of a Unit or assigned Limited Common Element that will not be repaired or reconstructed. Such costs may also include professional fees and premiums for such bonds as the Executive Board or the insurance trustee, if any, determines to be necessary. Section 12.3 Repair and Reconstruction. As soon as practical after the damage occurs and any required estimates have been obtained, the Association shall diligently pursue to completion the repair and reconstruction of the damaged or destroyed Association -Insured Property. As attorney -in -fact for the Owners, the Association may take any and all necessary or appropriate action to effect repair and reconstruction of any damage to the Association -Insured Property, and no consent or other action by any Owner shall be necessary. Assessments of the Association shall not be abated during the period of insurance adjustments and repair and reconstruction. Section 12.4 Funds for Repair and Reconstruction. The proceeds received by the Association from any hazard insurance carried by the Association shall be used for the purpose of repair, replacement and reconstruction of the Association -Insured Property for the benefit of Owners and Mortgagees. If the proceeds of the Association's insurance are sufficient to pay the estimated or actual cost of such repair or reconstruction, or if upon completion of such work the insurance proceeds for the payment of such work are insufficient, the Association may, pursuant to Section 1 1.5, levy, assess and collect in advance from the Owners a Special Assessment sufficient to provide funds to pay such estimated or actual costs of repair and reconstruction. Further levies may be made in a like manner if the amounts collected prove in sufficient to complete the repair, replacement or reconstruction. Section 12.5 Disbursement of Funds for Repair and Reconstruction. The insurance proceeds held by and the amounts received from the Special Assessments provided for above, constitute a fund for the payment of the costs of repair and reconstruction after casualty. It shall be deemed that the first money disbursed in payment for the costs of repair and reconstruction shall be made from insurance proceeds, and the balance from the Special Assessments. If there is a balance remaining after payment of all costs of such repair and reconstruction, such balance shall he retained by the Association to offset future expenses of the Association. 24 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 30 of 44, Janice K. Vos Caudill, Pitkin f, CO ARTICLE 13 CONDEMNATION Section 13.1 Rights of Owners. Whenever all or any part of the Common Elements is taken by power of condemnation or eminent domain or whenever all or any part of the Common Elements is conveyed by the Executive Board acting as attorney -in -fact for all Owners under instructions from any authority having the power of condemnation or eminent domain in lieu of a taking under threat of condemnation, each Owner shall be entitled to notice of the taking or conveying. The Association shall act as attorney -in -fact for all Owners in the proceedings incident to the condemnation proceeding, unless otherwise prohibited by law. Section 13.2 Partial Condemnation, Distribution of Award: Reconstruction. The award made for such taking shall be payable to the Association for the benefit of the Owners and Mortgagees and. unless otherwise required under the Act, the award shall be disbursed as follows: If the taking involves a portion of the Common Elements on which improvements have been constructed, then, unless within sixty (60) days after such taking Declarant and Owners to whom at least sixty-seven percent (67%) of the ownership interests in the Common Elements are allocated shall otherwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Elements to the extent lands are available for such restoration or replacement in accordance with plans approved by the Executives Board. If such improvements are to be repaired or restored, the provisions in Article 12 above regarding the disbursement of funds in respect to casualty damage or destruction which is to be repaired shall apply. If the taking does not involve any improvements on the Common Elements, or if there is a decision made not to repair or restore, or if there are net funds remaining after any such restoration or replacement is completed, then such award or net funds shall be retained by the Association to offset future expenses of the Association. Section 13.3 Complete Condemnation. If all of the Property is taken, condemned, sold or otherwise disposed of in lieu of or in avoidance of condemnation, then the regime created by this Declaration shall terminate, provided that approval must first be obtained of fifty-one percent (51 %) of Eligible Mortgagees, and the portion of the condemnation award attributable to the Common Elements shall be distributed as provided in the Colorado Revised Nonprofit Corporation Act upon liquidation of the Association. ARTICLE 14 ASSOCIATION AS ATTORNEY -IN -FACT Each Owner hereby irrevocably appoints the Association as the Owner's true and lawful attorney - in -fact for the purposes of (a) granting easements pursuant to Article 8 (b) purchasing and maintaining insurance pursuant to Article 10. including the collection and appropriate disposition of the proceeds thereof, the negotiation and settlement of losses and execution of releases of liability, the execution of all documents, and the performance of all other acts necessary to purchase and maintain insurance as well as dealing with any improvements covered by insurance written in the name of the Association pursuant to Article 10 upon their damage or destruction as provided in Article 12, (c) negotiating and dealing with any authority having the power of condemnation or eminent domain relating to a complete or partial taking as provided in Article 13, above, or (d) acting in any other capacity on behalf of the Owners when approval by the Owners is required and has been obtained. Acceptance by a grantee of a deed or other instrument of conveyance or any other instrument conveying any portion of the Property shall constitute appointment of the Association as the grantee's attomey-in-fact for the purposes provided for herein, and the Association shall have full authorization, right and power to make, execute and deliver any contract, 25 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 31 of 44, Janice K. Vos Caudill, Pitkin CO assignment, deed, waiver or other instrument with respect to the interest of any Owner which may be necessary to exercise the powers granted to the Association as attorney -in -fact. ARTICLE 15 ALTERATIONS, ADDITIONS OR IMPROVEMENTS TO COMMON ELEMENTS Section 15.1 Alterations, Additions or Improvements to Common Elements. Other than alterations, additions or improvements made by Declarant, no alteration, addition or improvement to the Common Elements of any kind (including, without limitation, change in color or texture of exterior surfaces, street numbers, signage, doors or windows), or which in any manner affect the Common Elements (by way of example and not by way of limitation, addition of air conditioning units, hot tubs, spas, fireplaces, skylights, and moving or removing structural walls), shall be made unless first approved in writing by the Executive Board. All alterations, additions or improvements shall comply with any Rules adopted by the Executive Board governing architectural or design considerations, signs, window coverings, lighting or other alterations, additions or improvements. During the period of Declarant, Declarant shall be exempt from any requirement to obtain approval under the provisions of this Article 15. The Executive Board shall respond to any written request for approval of a proposed addition, alteration or improvement within thirty (30) days after the complete submission of the plans, specifications and other materials and information which the Executive Board may require in conjunction therewith. If the Executive Board fails to approve or disapprove any request within thirty (30) days after the complete submission of the plans, specifications, materials and other information with respect thereto, the request shall be deemed to have been disapproved by the Executive Board. In the event the Executive Board approves any such alteration, addition or improvement, it shall exercise reasonable business judgment to the end that any modifications to the Common Elements conform to and harmonize with existing surroundings and structures. The Executive Board has the absolute right to deny any requested changes. Section 15.2 Governmental Approval. If any application to any governmental authority for a permit to make any such alteration, addition or improvement requires execution by the Association, and provided approval has been given by the Executive Board, then the application shall be executed on behalf of the Association by an authorized officer, without however incurring any liability on the part of the Executive Board, the Association or any of them to any contractor, subcontractor or materialman on account of such alteration, addition or improvement, or to any person having claim for injury to person or damage to property arising therefrom. Section 15.3 Architectural Review Committee. The Executive Board shall have the right, without the obligation, to establish an Architectural Review Committee (the "Committee") which shall be responsible for such matters as may be assigned by the Executive Board, which may include, by way of example, and not by way of limitation, the following: establishment and administration of architectural or design guidelines, sign guidelines and criteria, window covering guidelines and lighting guidelines; review and recommendations for approval, disapproval or approval with conditions of alterations or additions to Common Elements (whether General or Limited); and such other matters as the Executive Board may request. Section 15.4 Association Right to Remove Unauthorized Alterations, Additions or Improvements. The Association, after reasonable notice to the Owner of the offending Unit, may remove any alterations, additions or improvements constructed, reconstructed, refinished, altered, or maintained in violation of this Declaration, and the Owner shall immediately reimburse the Association for all expenses incurred in connection with such removal. 26 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 32 of 44, Janice K. Vos Caudill, Pitkin f, CO ARTICLE 16 MORTGAGEE'S RIGHTS The following provisions are for the benefit of holders, insurers or guarantors of First Mortgages. To the extent permitted under Colorado law and as applicable, necessary or proper, the provisions of this Article apply to this Declaration and also to the Articles, Bylaws and rules and regulations of the Association. Section 16.1 Title Taken by First Mortgagee. Any First Mortgagee of record against a Unit who obtains title to the Unit pursuant to remedies exercised in enforcing the Mortgage, including foreclosure of the Mortgage or acceptance of a deed in lieu of foreclosure, will be liable for all Assessments due and payable as of the date title to the Unit (i) is acquired or (ii) could have been acquired under the statutes of Colorado governing foreclosure, whichever is earlier. Section 16.2 Distribution of Insurance or Condemnation Proceeds. In the event of a distribution of insurance proceeds or condemnation awards allocable among the Units for losses to, or taking of, all or part of the Common Elements, neither the Owner nor any other person shall take priority in receiving the distribution over the right of any First Mortgagee against the Unit. Section 16.3 Right to Pay Taxes and Charges. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Elements, and may pay overdue premiums on insurance policies, or secure new hazard insurance coverage on the lapse of a policy for such Common Elements, and First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Section 16.4 Audited Financial Statement. Upon written request from any Agency or Mortgagee which has an interest or prospective interest in any Unit or the Project, and upon payment in advance by such Agency or Mortgagee of the estimated cost as determined by the Board, the Association shall prepare and furnish within ninety days an audited financial statement of the Association for the immediately preceding fiscal year at the expense of such Agency or Mortgagee. Section 16.5 Notice of Action. Any Eligible Mortgagee and any Agency which holds, insures or guarantees a First Mortgage, upon written request to the Association (which shall include the Agency's name and address and Unit number), will be entitled to timely written notice of: 16.5.1 Any condemnation or casualty loss that affects either a material portion of the Project or the Unit secured by the Mortgage: 16.5.2 Any sixty (60) day delinquency in the payment of Assessments or charges owed by the Owner of any Unit on which the Mortgagee holds the Mortgage; 16.5.3 A lapse, cancellation, or material modification of any insurance policy maintained by the Association; and 16.5.4 Any proposed action that requires the consent of a specified percentage of eligible Mortgagees. Section 16.6 Action by Mortgagee. If this Declaration requires Eligible Mortgagees to approve or consent to amendments, the Association shall send a dated, written notice and a copy of any proposed amendment by certified mail to each Eligible Mortgagee at its most recent address as shown on the recorded deed of trust or recorded assignment thereof. An Eligible Mortgagee that does not deliver to 27 RECEPTION#: 649443, 08109/2018 at 01:41:4 Pgs 33 of 44, Janice K. Vos Caudill, Pitkin CO the Association a negative response within sixty (60) days after the date of the notice shall be deemed to have approved the proposed amendment. Section 16.7 Junior Mortgages. The owner of a Unit may create junior Mortgages on the following conditions: (1) that any such junior Mortgages shall always be subordinate to all of the terms, conditions, covenants. restrictions, uses, limitations, obligations, liens for Common Expenses, and other obligations created by this Declaration and the Bylaws; (2) that the Mortgagee under any junior Mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises which insurance policies were effected and placed upon the mortgaged premises by the Association. Such release shall be furnished forthwith by a junior Mortgagee upon written request of one or more of the members of the Board. If not given, such release may be executed by the Association, as attorney -in -fact for such junior Mortgagee. ARTICLE 17 DURATION OF COVENANTS AND AMENDMENT Section 17.1 Term. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity, subject to the termination provisions of the Act. Section 17.2 Amendment. This Declaration, or any provision of it, may be amended at any time by approval of Owners to whom at least sixty-seven percent (67%) of ownership interests in the Common Elements are allocated, except that approval shall first be obtained from fifty-one percent (51%) of Eligible Mortgagees if the amendment to the Association Documents add or delete any material provisions which establish, provide for, govern or regulate any of the following, except as otherwise provided herein: 17.2.1 Voting rights; 17.2.2 Assessments, increases in Assessments that raise the previously assessed amount by more than 25%, Assessment liens or the priority of such liens; 17.2.3 Reductions in reserves for maintenance, repair and replacement of the Common Elements; 17.2.4 Responsibility for maintenance and repairs; 17.2.5 Reallocation of interests in the Common Elements, or rights to their use other than as set forth in Article 15; 17.2.6 Redefinition of boundaries of any Unit other than as set forth in Article 15; 17.2.7 Convertibility of Units into Common Elements or of Common Elements into Units. other than as set forth in Article 15; 17.2.8 Expansion or contraction of the Project, or the addition, annexation, or withdrawal of property to or from the Project, other than as set forth in Article 15; 17.2.9 Hazard or fidelity insurance requirements; 28 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 34 of 44, Janice K. Vos Caudill, Pitkin y, CO herein: 17.2.10 Imposition of any restrictions on the leasing of Units, other than as set forth 17.2.1 1 Imposition of any restrictions on an Owner's right to sell or transfer his Unit; 17.2.12 A decision by the Association to establish self -management if professional management has been required previously by any Agency; 17.2. l3 Restoration or repair of the Project (after damage or partial condemnation) in a manner other than that specified in this Declaration; 17.2.14 Any provision which is for the express benefit of an Agency or First Mortgagee. Section 17.3 Amendment for Certain Actions. Notwithstanding anything else contained in this Declaration, and except in case of condemnation or substantial loss to the Units and/or Common Elements, unless at least two-thirds (2/3rds) of Eligible Mortgagees and Owners to whom at least sixty- seven percent (67%) of ownership interests in the Common Elements are allocated have given their prior written approval, the Association may not, except as otherwise provided herein: 17.3.1 By act or omission seek to abandon or terminate the condominium regime hereby; 17.3.2 Reallocate the Allocated Interest or obligation of any Unit in order to levy assessments or charges, allocate distribution of hazard insurance proceeds or condemnation awards, or determine the Allocated Interests of Ownership of Common Elements other than as set forth in this Declaration; 17.3.3 Partition or subdivide any Unit, except as set forth in this Declaration; 17.3.4 Seek to abandon, partition, subdivide. encumber, sell or transfer the Common Elements, except as set forth in this Declaration, by act or omission other than the grant of easements for public utilities or other public purposes consistent with the intended use of the Common Elements; 17.3.5 Use hazard insurance proceeds for losses to any part of the Property (whether Units or Common Elements) for other than the repair, replacement or reconstruction of the Project. Section 17.4 Execution of Amendment. Any amendment must be executed by the President of the Association and recorded, and approval of such amendment may be shown by a certificate of the Secretary of Association to the recorded instrument certifying the approval of the amendment by a sufficient number of Owners and Eligible Mortgagees, if applicable. Notwithstanding the foregoing. Declarant, acting alone, reserves to itself the right and power to modify and amend this Declaration and the Map to the fullest extent permitted under this Declaration and the Act. Section 17.5 Declarant's Right to Amend. Declarant reserves the right to amend this Declaration, or the Map. Articles of Incorporation or Bylaws, without the consent of Owners or any Mortgagees, at any time before Declarant conveys the last Unit to a purchaser other than Declarant or a successor Declarant, whichever first occurs, (1) to make nonmaterial changes, such as the correction of a technical, clerical, grammatical or typographical error or clarification of a statement: or (2) to comply 29 RECEPTION#: 649443, 08/09/2018 at 01:41:, Pgs 35 of 44, Janice K. Vos Caudill, Pitkin (, CO with any requirements of the Act or amendments thereto, or any of the Agencies or to induce any of the Agencies to make, purchase, sell, insure or guarantee First Mortgages. ARTICLE 18 LIMIT ON TIMESHARING No Unit shall be used (a) for the operation of a timesharing, fraction -sharing or similar program whereby the right to exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years; or (b) for the operation of a reservation or time -use system among co -Owners of a Unit managed by a party other than the co -Owners themselves or a system whereby co -Owners are required as a condition of purchase of a fractional interest in the Unit to subject the fractional interest to a pre -determined reservation or time -use system among co -Owners, regardless of whether or not the co -Owner may later opt out of such system and regardless of whether the reservation or time -use system is recorded or unrecorded, fixed or floating. ARTICLE 19 DISPUTE RESOLUTION Section 19.1 Intent of Article: ADDlicability of Article. Aaolicability of Statutes of Limitation 19.1.1 Agreement to Forego Court Action. Each Party (as defined below) agrees to encourage the amicable resolution of disputes, without the emotional and financial costs of litigation. Accordingly, each Party covenants and agrees to submit all Claims (as defined below) each alleges to have to the procedures set forth in this Article and not to bring an action in court. Further, each Party agrees that the provisions contained in this Article shall be the sole and exclusive remedy that each Party shall have for any Claim. Should any Party commence litigation or any other action against any other Party in violation of the terms of this Article, such Party shall reimburse all costs and expenses, including attorneys' fees, incurred by the other Party in seeking the dismissal of such litigation or action, and pursuance of remedies under this Article. 19.1.2 Article Binding on All Owners. By acceptance of a deed for a Unit, each Owner agrees to abide by the terms of this Article. 19.1.3 Statute of Limitations Period. No Claim may be initiated after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitation or statute of repose. Section 19.2 Definitions Applicable to This Article. For purposes of this Article only, the following terms have the meanings set forth in this Section: 19.2.1 "Arbitrator" means the arbitrator selected by the Parties, and in the event of the failure of the Parties to agree on an arbitrator within ten (10) days after initiation of a Claim, the arbitrator shall be selected by the District Court in the County of Pitkin upon petition of the Party initiating the Claim. Unless otherwise mutually agreed to by the Parties to the Claim, there shall be one arbitrator who, to the extent feasible, shall have expertise in the area(s) of the dispute, which may include legal expertise if legal issues are involved. 19.2.2 "Claimant" means any Party having a Claim. 19.2.3 "Claim" means, except as excluded or exempted by the terms of this Article, any claim, grievance or dispute between one Party and another, regardless of how the same may have 30 RECEPTION#: 649443, 08/09/2018 at 01:41:4 Pgs 36 of 44, Janice K. Vos Caudill, Pitkin 1, CO arisen or on what it might be based, including without limitation, those arising out of or related to (i) the interpretation, application or enforcement of any of the Documents or the rights, obligations and duties of any Party under any of the Documents; (ii) the design or construction of improvements; (iii) any statements, representations, promises, warranties, or other communications made by or on behalf of any Party. 19.2.4 "Mediator" means the mediator selected by the Parties, and in the event of the failure of the Parties to agree on a mediator within ten (10) days after request by either party, the mediator shall be selected by the District Court in the County of Pitkin upon petition of the Party requesting appointment of a mediator. 19.2.5 "Party" means each of the following: Declarant, its officers, directors, partners, members, employees and agents; the Association. its officers, directors, committee members; all persons subject to this Declaration. their officers, directors, partners, members, employees and agents; and any person not otherwise subject to this Declaration who agrees to submit to the provisions of this Article. 19.2.6 "Respondent" means any Party against whom a Claimant asserts a Claim. Section 19.3 Exclusions from "Claim". Unless specifically exempted by this Article, all Claims between any of the Parties shall be subject to the provisions of this Article. Notwithstanding the foregoing, unless all Parties thereto otherwise agree, "Claim" does not include the following, whether such are brought by lawsuit, counterclaim, cross -claim or third party claim, and the same shall not be subject to the provisions of this Article: 19.3.1 an action by the Association to enforce any provision of Article 1 I of this Declaration; and 19.3.2 an action by the Association to obtain a temporary or permanent restraining order or injunction (or equivalent emergency equitable relief) and such other ancillary relief as the court may deem necessary in order to enforce any of the provisions of this Declaration; and 19.3.3 Any action between or among Owners, which does not include Declarant or the Association as a party, if such action asserts a Claim which would constitute a claim for relief independent of the Documents; and 19.3.4 Any action in which any indispensable party (as defined in the Colorado Rules of Civil Procedure) is not made a Party. Section 19.4 Right to Inspect. Prior to commencing any proceeding to which another person is a Party, including but not limited to an alleged defect of any Improvement, the Respondent shall have the right to be heard by the Claimant and, if any Claimant is the Association, by the Members, and to access, inspect, correct the condition of, or redesign any portion of any Improvement as to which a defect is alleged or otherwise correct the alleged defect; provided. however, any correction to, or redesign of, an Improvement shall be made upon terms and conditions acceptable to all affected Parties. In the exercise of the inspection rights contained herein, the inspecting party shall: 19.4.1 be careful to avoid unreasonable intrusion upon, or harm, damage or costs to the affected Party, including without limitation, using its best efforts to avoid causing any damage to, or interference with, any Improvement; 31 RECEPTION#: 649443, 08109/2018 at 01:41: Pgs 37 of 44, Janice K. Vos Caudill, Pitkin , CO 19.4.2 minimize any disruption or inconvenience to any occupant of the property that is being inspected; 19.4.3 remove daily all debris caused by the inspection and located on the property that is being inspected; 19.4.4 in a reasonable and timely manner, at the sole cost and expense of the inspecting party, promptly remove all equipment and materials from the property that is being inspected, repair and replace all damage, and restore such property to the condition it was in immediately prior to such inspection unless such property is to be immediately repaired. The inspecting party shall not permit any lien, claim or other encumbrance arising from the exercise of its right to inspect. The inspecting party shall indemnify, defend, and hold harmless the affected Owner and their tenants, guests, employees and agents, against any and all liability, claims, demands, losses, costs and damages incurred, including court costs and attorneys fees, resulting from any breach of this Section by the inspecting party. Section 19.5 Mandatory Procedures. 19.5.1 The Parties shall make every reasonable effort to meet in person and confer for the purposes of resolving the Claim by good faith negotiation. Any Party may be represented by attorneys and independent consultants to assist such Party in negotiations and to attend meetings. 19.5.2 Prior to proceeding with any Claim against a Respondent, each Claimant shall give notice to each Respondent, which notice shall state plainly and concisely: (a) the nature of the Claim, including all persons involved and Respondent's role in the Claim; (b) the legal or contractual basis of the Claim (i.e. the specific authority out of which the Claim arises): and (c) the specific relief and/or proposed remedy sought. 19.5.3 If the Parties do not resolve the Claim through negotiations within thirty (30) days after submission of the Claim to the Respondent(s), the Claimant shall have an additional thirty (30) days to submit the Claim to a Mediator for mediation. If the Claimant fails to submit the Claim to mediation within such time, or fails to appear at the mediation, the Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged from any and all liability to Claimant on account of such Claim; provided, nothing herein shall release or discharge Respondent from any liability to any person other than Claimant. Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. if a termination of the mediation occurs, the mediator shall issue a written statement advising that the parties are at an impasse. Each Party shall bear its own costs of the mediation, including attorneys fees, and each Party shall share equally all charges of the mediator. If the Parties agree to a resolution of any Claim through negotiation or mediation in accordance with this Section, and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file its action in court to enforce such agreement without the need to again comply with the procedures set forth in this Section 19.5. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non -complying Party (or if more than one non- 32 RECEPTION#: 649443, 08109/2018 at 01:41: Pgs 38 of 44, Janice K. Vos Caudill, Pitkin 1, CO complying Party, from all such Parties as the court may determine) all costs incurred in enforcing such agreement, including without limitation, reasonable attorneys fees and court costs. 19.5.4 Upon termination of mediation, if the Claim is not resolved, and if Claimant desires to pursue the Claim, Claimant shall thereafter be entitled to initiate final, binding arbitration of the Claim with the Arbitrator. Any award rendered may be entered in and enforced by any court having jurisdiction over the Claim. The arbitrator shall award reasonable attorneys' fees and expenses incurred in pursuing or defending the Claim to the substantially prevailing Party. All decisions respecting the arbitrability of any Claim shall be decided by the Arbitrator. The award of the arbitrator shall be accompanied by detailed written findings of fact and conclusions of law. Except as may be required by law or for confirmation of an award, neither a Party nor the Arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of all Parties to the Claim. Any award shall be enforceable in accordance with C.R.S. 13-22-201 e1 seq., as amended from time to time. If the Claim is a Construction Defect Claim (as that term is defined in C.R.S. 38-33.3-303.5) in which the Association is the Claimant, the Association shall comply with the requirements of C.R.S. 38-33.3-303.5 before initiating the Construction Defect Action. The Association may initiate the Construction Defect Action through mandatory arbitration only if it is approved by the Owners as required by C.R.S. 38-33.3-303.5. In the event approval of Owners is obtained, the remaining provisions of this Section 14.8 shall apply. Section 19.6 Amendment. Notwithstanding any other provision in this Declaration to the contrary, this Article 19 shall not be amended unless such amendment is approved by the Declarant for so long as Declarant owns a Unit, and Members to whom at least sixty-seven percent (67%) of the votes in the Association are allocated. ARTICLE 20 GENERAL PROVISIONS Section 20.1 Restriction on Declarant Powers. Notwithstanding anything to the contrary herein, no rights or powers reserved to Declarant hereunder shall exceed the time limitations or permissible extent of such rights or powers an restricted under the Act. Any provision in this Declaration in conflict with the requirements of the Act shall not be deemed to invalidate such provision as a whole but shall be adjusted as is necessary to comply with the Act. Declarant shall have the right to assign its rights, obligations or interest herein to any person or entity by an assignment or deed of record executed by both Declarant and the transferee or assignee and recorded with the Clerk and Recorder. Section 20.2 Notice. Any notice to an Owner of matters affecting the Project by the Association or by another Owner shall be sufficiently given if in writing and delivered personally, by courier or private service delivery, on the third business day after deposit in the U.S. mail, at the address of record for real property tax assessment notices with respect to that Owner's Unit. Section 20.3 Enforcement. All of the provisions of this Section 20.3 are subject to the provisions of Article 19 above. and shall only apply to those matters not constituting a Claim under the provisions of Article 19 above. The Association on behalf of itself and any aggrieved Owner shall be granted a right of action for any matter not constituting a Claim under Article 19 above against any and all Owners for failure to comply with the provisions of the Association Documents, or with decisions of the Executive Board made pursuant to authority granted to the Association in the Association Documents. In any action covered by this Section, the Association or any Owner shall have the right but not the obligation to enforce the Association Documents by any proceeding at law or in equity, or as set forth in 33 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 39 of 44, Janice K. Vos Caudill, Pitkin CO the Association Documents, or by mediation or binding arbitration. The prevailing party in any arbitration or judicial relief shall be entitled to reimbursement from the non -prevailing party or parties, for all costs and expenses, including attorneys' fees in connection with such arbitration or judicial relief. Failure by the Association or by any Owner to enforce compliance with any provision of the Association Documents shall not be deemed a waiver of the right to enforce any provision thereafter. The decision of the Association to pursue enforcement action in any particular case shall be left to the Board's discretion, subject to the duty to exercise its business judgment, and not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the foregoing, the Board may determine that. under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; (ii) the covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with applicable law, (iii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (iv) that it is not in the Association's best interests, based on hardship, expense or other reasonable criteria, to pursue enforcement action. Section 20.4 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 20.5 Conflicts Between Documents. In case of conflict between this Declaration and the Articles and the Bylaws of the Association, this Declaration shall control. In case of conflict between the Articles and the Bylaws, the Articles shall control. Section 20.6 Disclosures and Owners' Acknowledgment: lent: Declarant hereby discloses, and each Owner by virtue of accepting a conveyance of a Unit hereby acknowledges, that: (i) the Project consists of many attached Units, and the proximity of such Units as well as the connection of Units may lead to higher noise levels as well as other disruptions, annoyances or inconveniences inherent in attached occupancy properties; (ii) the Project and Owners may be impacted visually, and by noise, vibrations, odors, dust and other inconveniences from allowed uses within the Project; (iii) the Project and Owners may be impacted visually, and by noise, vibrations, odors, dust and by other inconveniences resulting from commercial and retail uses and ongoing and future development on properties and areas adjacent to or near the Project, including without limitation, demolition, construction activities, traffic and noise; and (iii) the Project is located near heavily trafficked corridors in the City of Aspen, accommodating all types of vehicular and pedestrian traffic at all times of day and night and that Purchaser may be impacted by the use of such facilities, including lights, noise and traffic congestion generated thereby. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 34 RECEPTION#: 649443, 08109/2018 at 01:41: Pgs 40 of 44, Janice K. Vos Caudill, Pitkin y, CO above. In Witness Whereof the Declarant has set its hand and seal on the day and year first set forth STATE OF COLORADO COUNTY OF 171 1 K I N ) } ss. City of Aspen By: The foregoing instrument was acknowledp�ed before me this J_ day of U-2018. by a� = f U.E� as I�(%{jiilCi jV0E- VIIZ City of Aspen. Witness my hand and official seal. My commission expires: q j7, 5 17'S TARA L. NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20014030017 My Commission Expires September 25, 20V 35 f&- t ' Notary Public RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 41 of 44, Janice K. Vos Caudill, Pitkin , CO EXHIBIT A TO CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS PROPERTY SUBJECT TO DECLARATION LEGAL DESCRIPTION: UNIT 2,540 EAST MAIN STREET, ASPEN POLICE DEPARTMENT CONDOMINIUM MAP, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 2017 UNDER RECEPTION NO. 637138, COUNTY OF PITKIN, STATE OF COLORADO. 36 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 42 of 44, Janice K. Vos Caudill, Pitkin r, CO EXHIBIT B TO CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS ALLOCATED INTEREST IN COMMON ELEMENTS, COMMON EXPENSES AND VOTES Percentage Shared Percentage Ownership of Share of Common Common Unit Number Area of Unit Elements Expenses Votes A 933 13.268% 13.268% 1 B 1199 17.051 % 17.051% 1 C 522 7.423% 7.423% 1 D 532 7.565% 7.565% 1 E 944 13.424% 13.424% 1 F 1199 17.051% 17.051% 1 G 761 10.822% 10.822% 1 J 942 13.396% 13.396% 1 Total 7032 100.000% 100.000% 8 37 RECEPTION#: 649443, 08/09/2018 at 01:41: Pgs 43 of 44, Janice K. Vos Caudill, Pitkin F, CO EXHIBIT C TO CONDOMINIUM DECLARATION OF 550 EMPLOYEE HOUSING CONDOMINIUMS EASEMENTS AND LICENSES BURDENING AND SERVING THE COMMUNITY 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water. . 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 29, 1958, IN BOOK 185 AT PAGE 69. 9. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED JULY 7, 1972 IN BOOK 264 AT PAGE 857 10. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 26, 1976 IN BOOK 318 AT PAGE 456 11. TERMS. CONDITIONS AND PROVISIONS OF ORDINANCE NO 28 SERIES OF 2015 RECORDED OCTOBER 15, 2015 AT RECEPTION NO. 624135. 12. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 12. SERIES OF 2015 RECORDED JULY 09, 2015 AT RECEPTION NO. 621406. 38 RECEPTION#: 649443, 0810912018 at 01:41: Pgs 44 of 44, Janice K. Vos Caudill, Pitki y, CO 13. ENCROACHMENT MATTERS AS SHOWN ON OBERMEYER CONDOMINIUM MAP RECORDED JULY 16, 2006 IN BOOK 80 AT PAGE 57 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF 540 EAST MAIN STREET PLANNED UNIT DEVELOPMENT RECORDED DECEMBER 01, 2016 IN BOOK 116 AT PAGE 61. 15. ANY COVENANTS, AGREEMENTS, ASSESSMENTS AND/OR EASEMENTS FOR PUBLIC UTILITIES, SEWER, DRAINAGE AND OTHER INCIDENTAL PURPOSES THAT AFFECT THE COMMON ELEMENTS ONLY, AS SHOWN ON THE 540 EAST MAIN STREET ASPEN POLICE DEPARTMENT CONDOMINIUM MAP RECORDED MARCH 28. 2017 UNDER RECEPTION NO.637138. 16. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN RESOLUTION 8, SERIES OF 2017, RECORDED APRIL 14, 2017, UNDER RECEPTION NO. 637581. 17. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN ORDINANCE 7, SERIES OF 2017, RECORDED MAY 04, 2017, UNDER RECEPTION NO. 638064. 18. ANY COVENANTS, AGREEMENTS, ASSESSMENTS AND/OR EASEMENTS FOR PUBLIC UTILITIES, SEWER, DRAINAGE AND OTHER INCIDENTAL PURPOSES THAT AFFECT THE COMMON ELEMENTS ONLY, AS SHOWN ON THE MAP OF UNITS A. B, C, D, E, F, G AND J, 550 EAST MAIN STREET CITY OF ASPEN EMPLOYEE HOUSING CONDOMINIUM MAP RECORDED UNDER RECEPTION NO. 19. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNITS DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED UNDER RECEPTION NO. 20, TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SITE LEASE RECORDED APRIL 27, 2017 UNDER RECEPTION NO. 637887. 21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE PURCHASE AGREEMENT RECORDED APRIL 27, 2017 UNDER RECEPTION NO. 637888. 39 THE CITYOF A•.r: Community Development Department Internal Funds Transfer Date: 106/04/2018 ( I I 5tl Department: Asset Management Amount Requested: $975.00 "56 la 4 4$ 7- 570 Account Number: 505.441.81200.54920.5023 Permit Number: 00[-{.1 . 00 `g L_._LA Permit Address: 550 E. Main Street, Aspen CO Permit Description: 550 E. Main Street Housing Land Use Requested By: Jeff Pendarvis Received By: RECEIVED JUN 0.5 2018 CITY OF ASPEN 'OMAfUdlITY CEVEIOPMENf Rb.oEIVED JUN 13 2018 Fee Waiver Request Form 16 CITY OF ASPEN COM". TY DEVELOPW y of Aspen � 24 ( � 'As uA THE CITY OF ASPEN � l Community Development Department This form must be submitted to the Community Development Director. You will be notified when a decision has been made. For what fees are you requesting waiver? ❑ BUILDING X PLANNING Applicant Name: Jeff Pendarvis _Contact Ph.#970.309.7638 Department or Mailing address: Asset E-mail address: jeff•pendarvis@cityofaspen.com Project address: 550 E Main St Project description: Condom iniumization of the 550 E. Main Housing project Fee Breakdown: Fee Description Fee Amount Requested Waiver Fee Description Fee Amount Requested Waiver Energy Code Fee REMP Fee Excavation Foundation Fee Zoning Review Fee Inspection Fee Planning Application Fee $ 9 7 5 $ 4 8 7. 5 0 Permit Fee HPC Application Fee Plan Check Other: Total of Request: $ Reason for Waiver: ❑ City General Fund Department — 100% waiver City Capital or Other Department — 50% waiver ❑ Waived or decreased by City Council (please provide documentation) ❑ Other — Please explain with attached letter of request pp Saul Abrahams, NV5 Applicant Signature For office use only: APPROVED DISAPPROVED munity D v opment Director $487.50 June 13, 2018 Date Total fees waived: $ �A M 64g/,�� Dad r CITY OF ASPEN �(/J Land Use Application Determination of Completeness 1 JUN �O Date. June 12018 C C 12 ��18 Dear City of Aspen Land Use Review Applicant, O�PAwSP — m i( We have received your land use application for 550 E. Main, Condominiumlz review and have reviewed it for completeness* (and not compliance). XYour Land Use Application is complete: Please submit the following to begin the land use review process. 1) Digital pdf of the entire application (via thumb drive, emailed files, or file _"C) sharing) V fA4 <4 '�tR(ACAr 'Fee e OU v-O 2) Review deposit of $975.00 3) One additional hard copy of the applications 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 Jennifer P e n, Deputy Planning Director City of As , Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—�;4 GMQS Allotments Yes Now, Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing Commercial E.P.F. Lodging i3o South Galena Street Aspen, CO 816n i975 i P: 970.920 `i000 IF: 970.920.5197 1 city ofapen.cconn ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-1125 R E C E I VAER D w June 4, 2018 JUN 0 5 2018 CITY OF ASPEN Ms. Jennifer Phelan, Deputy Planning Director eOMSWTY D£V'EtNT City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: CONDOMINIUM PLAT AMENDMENT FOR 550 EAST MAIN STREET Dear Jennifer, This is an application to amend the condominium plat for the Aspen Police Department which is recorded in Plat Book 119 @ Page 12 of the Pitkin County Records (Reception No. 637178). That condominium plat established condominium units for the Police Department Building (Unit 1), the Affordable Housing Building (Unit 2) and the Parking Garage (unit 3). The purpose of the amendment is to define the individual condominium units within Unit 2, the Affordable Housing Building. The Affordable Housing Building has recently been assigned the street address of 550 East Main Street. The Pitkin County Parcel ID numbers assigned to this building are 273707324006 and 273707324007. The property is zoned PUB (Public) and is owned by the City of Aspen. Proof of the ownership of the property is provided by Exhibit #1, a letter from the City Attorney. Authorization for Alan Richman Planning Services, Inc. to submit this application on behalf of the City is provided in a letter from the City Manager attached as Exhibit #2. You provided me a Pre -Application Conference Summary (see Exhibit #3) which states that the following review procedure must be followed to amend the condominium plat: Condominiumization, pursuant to Section 26.480.050.A. The pre -application form lists the required contents of this application. In response to these requirements, the applicant is hereby submitting a draft plat illustrating the proposed condominium units. It shows that the Affordable Housing Building would be split into eight (8) condominium units, identified as Units A through G and J. Ms. Jennifer Phelan June 4, 2018 Page Two Response to Applicable Review Standards RECEIVED JUN 0 5 2018 CITY OF ASPEN ca"MIIY DfJELOPhfENT Section 26.480.050.A of the Municipal Code lists the following two review standards for an application requesting condominiumization: 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29, Engineering Design Standards, Plat. Response: The attached draft plat has been prepared to follow the City's style and format requirements for condominium plats. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Response: The applicant understands this process and agrees to comply with it. Conclusion I believe the above represents the materials required for the Community Development Director and the City Engineer to process this request. Please let me know if there is anything else you will need. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, FAICP Angela Scorey From: Alan Richman <arichman@sopris.net> Sent: Tuesday, June 5, 2018 11:26 AM To: Angela Scorey Subject: Form Attachments: 2018_06_05_11 _24_20.pdf Angie, I'm sending you the funds transfer form for the application I just submitted. I know you don't want it yet but here it is anyway! Alan RECEIVED JUN 0 5 2018 rY OF ASPEN �"4'e"A"Ty DEVELOPMENT RECEIVe; CITY OF ASPEN JUN Q 5 2018 June 4, 2018 CITY OF ASPEN GM&N+P DBROPRENT Ms. Jennifer Phalen City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: 550 E. Main Street Housing Dear Jennifer, The purpose of this letter is to confirm current ownership that certain property located at 550 E. Main Street, Aspen CO and legally described below: Situate in Section 7, Township 10 South, Range 84 West, 6th P.M. City of Aspen, County of Pitkin, State of Colorado The parcel numbers for unit #2 are 273707324007 and 273707324006, according to the Pitkin County Assessor's website. This condominium plat, rights -of -way and easements of record are based on: the 540 East Main Street, Aspen Police Department Condominium map recorded March 28, 2017 in plat book 119 at page 12, reception no. 637138 The owner is the City of Aspen. Sincerely, James R. True, Esq. City Attorney City of Aspen 130 South Galena Street Aspen, CO 81611-1975 1 P: 970.920.5000 1 F: 970.920.5197 1 cityofaspen.com EXHIBIT #2 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RECEIV;:#% JUN 0 5 2018 fB'EL(} NT RE: LETTER OF AUTHORIZATION FOR CONDOMINIUM PLAT AMENDMENT FOR 550 EAST MAIN STREET Dear Jennifer, The City of Aspen is the owner of the affordable housing project that is under construction at 550 East Main Street in Aspen. The City of Aspen hereby authorizes Alan Richman Planning Services, Inc. to submit a land use application to amend the condominium plat for this property which is recorded in Plat Book 119 @ Page 12 (Reception No. 637178). The purpose of the amendment is to define the individual condominium units within the affordable housing component of this project. Mr. Richman is authorized to submit said application on behalf of the City of Aspen and to represent us in meetings with the City staff concerning said application. Should you have any need for further information during the course of your review of this application please do so through Mr. Richman or you may contact me directly. Sincerely, Steve Barwick, City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Cl i Y OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: June 1, 2018 PROPERTY: 540 E Main St Police Station APPLICANT: City of Aspen Asset Department REQUEST: Subdivision — Condominium Plat DESCRIPTION: The Applicant is pursuing an amendment to the existing condominium for the subject property at 540 E. Main St. that is recorded under reception number 637138. The intent of this condo plat is to condominiumize the affordable housing component into individual units. The condo plat should address how unit 2 is further divided as well as any need for limited and common elements, specifically to accommodate travel through unit 1 and 2 well as any need for trash/garage access in unit 3. Below are links to the Land Use Application form and Land Use Code. Land Use Application: https://www.citvofaspen.com/DocumentCenterNiew/l 835/Land-Use-Application-Packet-2017 Land Use Code: https://www.citVofaspen.com/191/Municipal-Code Land Use Code Section(s) 26.304 Common Development Review Procedures (� 26.480.050.A Condominiumization - _ z Review by: Staff for complete application and content. c M Engineering Dept. for content and format. N -a o 30- M Planning Fees: $650 — for two hours of Staff Review time. n Referral Fees: Engineering —$325 for one hour of review time Total Deposit: $975 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) To apply, submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ 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, 1 judgments, liens, eG�ements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached). ❑ Written responses to the review criteria found at Section 26.480.050.A of the land use code. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Two 24"x36" paper copies of the draft plat. Once the application is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: ❑ Two 24"x36" copies of the plat on Mylar. ❑ Recording fees (to be assessed by the case planner). 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. 2 ATTACHMENT 2 — LAND USE APPLICATION 67OCP1 '2006 PROJECT: C 0(, l A. t .4- r-. CO EA14 V%,A, , '�l-,.7t � C7 J w l ocation S S o Sk,, k Parcel ID # (REQUIRED) 2131„'13ay ooc �.'1 3-7 013 a`1 0'zl7 APPLICANT: Name: C. of As �-,.` Address: Phone #: S1 REPRESENTIVATIVE: address: ` O 605_ ?;1,1-�' kf4,,., C 0 )hone#: C1 io - ok'-10 - ltz i GMQS Exemption GMQS Allotment Special Review ESA - 8040 Greenline, Stream 0 Margin, Hallam Lake Bluff, (� Mountain View Plane 0 Commercial Design Review 0 Residential Design Variance Conditional Use Conceptual PUD Temporary Use Final PUD (& PUD Amendment) Subdivision = Conceptual SPA rA Subdivision Exemption (includes Condominiumization) Final SPA (&SPA Lot Split Amendment) 0 Lot Line Adjustment 0 Small Lodge Conversion/ Expansion Other: XISTING CONDITIONS: (description of e isting buildings, uses, previous approvals, etc.) 4 elf- J-,- PROPOSAL: (Description of proposed buil ings, uses, modifications, etc.) X:i ex rho fMl�... ;. 7 FFFC nt iF. C 1 0 Pre -Application Conference Summary 0 Attachment #1, Signed Fee Agreement 0 Response to Attachment #3, Dimensional Requirements Form 0 Response to Attachment #4, Submittal Requirements - including Written Responses to Review Standards 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 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. Property Name: C-.-k,\ of (�zpch n p Y — Owner ("I"): Email: 54vc. gan�.�,�� �.���snSk.,. co.. Phone No.: 41 a0 Address of SSD �-� n•a. Sit Property: � -U (subject of r application) Z 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. Evidence of approval is attached. 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 document is a public document. Owner signature: l� date: Owner printed name: 1 7`� or, Attorney signature: Attorney printed name: date: M n M C M v Vicinity Map Scale: 1 "=300' i 5T d o' 10 A 4 o-159 G➢S Cont.al Mounumeni �ti os , f0 /31 ary olA:pea / BoOmd u N GPS 5 cPs ram,al Ywwme,a m �N IA+Pm ,4 NOTES�p(. TT� I I DAi OF SURVEY WASYAY a018. ' X�e� ?.1 BASIS OF BEARINGS FOR THLS SURVEY IN A BEARING OF 536'33'II'W BeTWBEN GPSS CT' OFASPSN GPS CONTROL YOMTYSNY AND A FOUND BFASS PLUG IN CONC%/B PARKED IS FT8613 Ai THS NORTHWEST CORNER OF UNIT .T, 550 EAST LAM STREET ASPEN POECE DSPARTYEM CONDOYA'NY LAP Boi�ordao AND ASSHOWNHEREON. 3.1T PARCELNUMBERSF 1MR.2ARET]3]0]3T100TANDT13T0r3T.00QACCORDINGTLJTHBPIfEIN COUNTY ASSESSOR'S WEBERS 9.1 TINS CONDOYINNY PLAT, RIGHI5IY'-WAY AND v. cv vtc OF RECORD ARK BASED ON: � THE 5.0 BAST kL1A' S1R8ET, ASPEN POECE DSPARTITENT CONDOYM'JIIL YAP RECORDED LARCH 28, TOl r IN PLAT BOOK 119 AT PAGE IT, RECEPTON NO 63713E AND YONNBMTS FOUKD M PLACE AS INDICATED HEREON. 5 I ALL DIMENSIONS SHOWN HEREON ARE RECORD AND AS -MEASURED UNLESS OTHERWISE MMCATIM 0.1 THE LINEAL UNIT USED IN THE PREPARARON OFTHIS PLAT ISTHE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPART3IENT OF COYYERCE, NATIONAL INS1T1U18 OF STANDARDS AND TECHNOLOGY 1 ACCORDING 1TI COLORADO LAW YMU LOYLFJICE ANY LEGAL ACTON BASED UPON ANY DEFT3CT IN THIS SURVEY WITIIBI THREE PETITS AF18R YOUFMST DISCOVER SUCH DEFBCf. IN MO EVENT YAY ANY ACTION BASED UPON ANY DNFECT M THIS SURVEY ee OOYYENCBDYORE THAN TeN YEARS PROP THB OATS OF CBRTlACARON SHOWN HEREON. SURVEYOR'S CERTIFICATE I. YfCNAEL J. LANGHORNE DO HEREBY � THAT I AY A PROFS ONAL LAND SURVEYOR ECRB3 UNDER THE u--THE STATE OF COLORADO, THAT MS PLATIS A ]RUE CORRECT AND COYPLBTE FIAT OF 550 BAST MAIN STREET Cf1Y OF ASPEN EYPLOYRE HOUSING OOKDOkmYNY YAP, AS LAID OUT FLITTED, DEDICATED AND SHOWN HEREON, AND CORRECTLY SNOWS THE LOCARON AND DBIX &S S OFTHE LOT$ EASEYEXTS AND OF 550 EAST LONDOYMXY CRYOPASF EID'LOMRTY'B AN A—oSET UK MAP THAT SUCH FIAT WAS MADE FROM AN ACCIIRAIE SURVEY OF SAID PRO➢F.HAT IT ME, OR UNDER YY nAr WAS SUPER IS BASED ON YY KNOW AND THAT ONFORFIS / --&T Wau A MPS., 'rliYATIONND ASS o AS WELL AS CURRENT "STANDARDS FOR LAND SURVEYS" OF THE Co..COLOASS BOARD OF RB / REIFARON WIT. REIAT8D SURVEY RE 3-3.IENTS AND THE CO NTY OF Pf THE COLORADO REVISED STATUTES. J8TRBo 1, 36-33. AND 38J3.3-T09 AND THE COUNTY OF PIIIGN, COF RADO. TINS CERCT TE IS NOT / INTEND 88 AR EXPRESS OR OPEED WARRANTY OR GUARANTEE OF ANYYATTERS EXCEPT THOSE STATED IN THE PRBC&DIXG SENTENCE. W TIq E I IN WITNESS WHEREOF I HA VE SET W HAND AND SEAL l TNIS_DAY- A.D., T018. 4 FOR A LOR BSN RNB, CO(ARADO RBGISTRAROX NO 3 FOR AND ON BRHALF OF l BOOKCLIPi SURVEY 58R LACES IXC. /� I I / 550 EAST MAIIV STREET CITY OF ASPEN EMPLOYEE HOUSING P—I Bea., Aug — Fr.N 1A Caw.te Bb r dLS.T8W3 sa.m n.a� • Rnuuung W (fypimll 2)WB(�ID" CONDOMINIUM PLAT The purpose of this plat is to create condominium units A, B, C, D, E F, G and J Unit 2, 540 East Main Street Aspen Police Department Condominium Map, Book 119, Page 12 Situate in Section 7, Township 10 South, Range 84 West of the 6th P.M. w City of Aspen, County of Pitkin, State of Colorado t0.8' eaA�tR.u�aeYma. � SSO BeY Ifeia �� UAN. A, Q $ FBJ a � Two scary wane F.a p .}Qordade Hauinp Uk` � STO Bart YaN 9rM Oi. C.DAO �Connrt. J SCALE: 1"=10' CERTIFICATE OF OWNERSHIP AND SUBMISSION TO CONDOMR7UM OWNERSHIP.' KNOW ALL YSN BYTHESE PRESEIRS THAT THE Cf1YOFASPEN, BEING THE SOLE OWNER OFALL THAT REAL PROPERTY SIiVATED IN THE CITY OF ASPEN, COUNTYOFf ,, STATE OFCOLORADO, S REALPROPERTYBEINGLOREPARTICULARLYDESCRIBEDAS o. r Pvttow5 LEGEND flAGE 2, BASTYAINO 071, ASPEN 1'OECE DSPARTYENT CONDOYM'NY MAP RBC'ORDED PARCH ae, a0! ] fN PLAT BOOR 119 AT Sn Nail a.u111/T' ® PAGE la, RBCBP(YON NO. E31138 Al —.. Tag Slampee LS.365]2 F_' HBRBBY CBRITFY THAT WE RA M CAUSED SAID RSV, PROPERTY TO BE LAID OUT. — DOMINN•OZED AND SURVEYBD AS 550 EAST LAM STREET CRY OF ASPEN SYPLOY68 HOUSING ODNDOADNNYYAP, AS SHOWN AND NOTED HHRSON AND AS DESCRBED ? M TTfB DBCLIRATTON AS DBFtNHD BELOW WE HEREBY SfIBYR' SAID REAL PROPERTY, TOGSTHBR WITH ALL WROVEY8NT8, APPURTENANCES AND FACBIITES EXISTING NOW OR HEREAFTER THEREON TO COND01BN1UL OWNERSHI➢ UNDER THE COLORADO COYFNIY INTSR85T OWNERSIIM ACT, C.R.S 38J3 101 AS THE SALE NAY BE AMENDED FROM TIME TO TIME, AND HEREBY HD'03E UPON ALL OF THE REAL PROPERTY £ THE TERMS CONDMONS, COVENANTS RItSfRICITONS, EASEYE1l'IS RESERVATMNS, USES, LBBTATKMS AND OBLNATIONS DESCRIBED IN THE CONDOABMUM DECLARATION FOR GATE WAY ABPEN COND016YNYS RECORDED BY H RRAL PROPERTY REGVRAS OF PRIGN COUNTY, COWRADO ON ATRSCEPROXNO. Mw DBCLARA710N1, TOGETHER WITH ART OTHER Al1EXDAMMS OR SVPPLBMENTS THERETO, WHICH DECLARATION SHALL BE DEEMED TO RUN WITH IHS REAL P—PSRTYAND SHALL B8 A BURDEN AND BENEFIT IO SAID OWNERS, THEIR SUCCESSORS ASSIGNS AND ANY PERSON ACQU G OR OWNING AN BVRM88T BY SUCH REAL PROPERTY, TRWR GRANTEES. SUCCESSORS, N O HEIRS, PSRSDNAL REPRESENTATIVES ERBCUNRS. ADLINISIRA]ORS. DSNSBBS OR A GNS. SKECUTED THIS DAY OF T—' 2018. �P BY: a SM C I" S, OAL"A (JL1E ,m /30 S . CO 81 STREET (n ASPEN. CO 8181 t W v v THE FOREGOING CBMTFICATB OF DSDICARON AND OWKRRS WAS ACKNOWLBOGRD BEMRE MS THIS _ DAYOF A.D., 2018, BY (14 —00kaDSv0NEIwD1E5: WITN8S81.5'liAlm AIN OFFICW. SQU.. s• 13.0' NOTARY PUBf1C COMM A= DEVELOPMENT DIRF.CMR'S APPROVAL �� �� THB APPWGRON POR CONDO'^•^'DOr•TfON SET PORTN MTHIS PLAT OFWNDOIGNNY HAS BEEN REVIEWED AND APPROVED FOR COYPLGNCB WRTI 1NE APPLIGBLE PROVISIONS OF THE CRY OF ASPBNLAND U5E CODE BY TNS CITY OF ASPEN COYYUNIIY OBVBLOPYEM DIRECTOR THIS DAY OP T018.TO'fH86KTPM THAT ANITIIXIGMTHISPUTIS INCONSISTENTORMCONFECTWITHANYCRYOFASPEN DEVELOP ORDERSASU TOTHESECOND nONS115 ORUN MG ER q PROVISIONS OF APPLICABLE LAW, INCLUDING BUl NOT LBUTBD f0 THE OTHER APPECABiB LAND USE REGUUTIONS AND BUILDING WFN CODES SUCH OTHER DEVSLOPYENT ORDERS OR APPEGBLE LA WS SHALL OONTROL. BY: COYYUMTY DFV8 O➢JM-D==R D\ ENGINEERING DEPARTMENT REVIEW \ ]HIS ➢TAT WAS REVIEWED FOR THE DEALRON OF 11iS ENGINEERING D8➢ARIYEM SURVEY RSQUMEYSNTS. THIS DAY OF \ 5BT01A. Pe.mN.e Bu 80. B 0 VN/It \ Aat Hook 80Poge 58. BY. � clrrsncMEER DD� rme cEma'icAls .y \ L A DULY-AUINORIlSD REPRESENTATIVE OF 10.0'Peeeatnan Easemer0 DO XBREBY CSRRFY'f11AT/HAVE ERAYINED THE TITLE'ro AGL LANDS Plar Book 80, Page 5] SHOWN UPON TINS PLAT AND 1HAT ]Tl]d f0 SUCH LANDS IS VESTED M 1IiE OWNER AND DEDIGTOR. FREE AND CLEAR OF ALL �Conrnt. LIENS AND ENCUMBRANCES (INCLUDING MORTGAGE& DSBDS OF MUST. JVDGLENTS, EASFJf ,, CONTRACTS AND AGREEYSNTS � OF RECORD AFFECTING THE REAL PROPHRTYINTTSS FIAT/. EKCBPTAS FOLLOWS: \ TIl1A' COMPANY: 'j Pe.,mttee Buileing Snvoa hment BY: TITLE RKAkBNEYA IlERI R DAM �H� Plat Book 80, Page 58 h ACCEPTANCE FOR RECORDING Rrtaivng wags I 3 20 TDJNm1I • TINS �NDOYINNL PLAT fd ACCSPfBD FOR 1IN THB OFACB OFTNB CLERK AND RBWRDBRS OF PITK COUNTY, COLORADO, THfS _DAY OF T018. 8. IN PLAT HOOK ON PAGe RECEPTIONX NO. w I p BY: \` CLBRKAND RECORDER 30 ell C LU cZc W G Z O aiaZ Z Q O LL yO Z U ( U) r D W U O O W W Y O J Ca G LU h W Z W W N U) 00 LL Z 0w <W a v FILE: CONDO DFT. TL CK. MIL PROJECT NO. 18036-01 SHEET 1 OF 2 550 EAST MA7N STREET CITY OF ASPEN EMPLOYEE HOUSING CONDOMINIUM PLAT The purpose of this plat is to create condominium units A, B, C, D, E F, G and J Unit 2, 540 East Main Street Aspen Police Department Condominium Map, Book 119, Page 12 Situate in Section 7, Township 10 South, Range 84 West of the 6th P.M. City of Aspen, County of Pitkin, State of Colorado D.ck Uw A -A ^ LGg 8.4f 'tiny Ha91u oy Aaoms � 5.2 Unit C MAIN LEVEL Unit D S.9' 9.1' - Tn ].5' 23 BATH Ki TCHEN 1.1' 0.6' 2.4' 3.6' a 3.6' 2A 3.a 3.0' 3.6' 3.6' 23.s 24.0 6.0' 5.4' UN? C UNIT D 3.5- 8.4 Cei6n9 Ha9N 8.5' Ceiling H 01 all Rooms 1.7 all Rooms I I.H' 522 sq fl. BEE' S32 s9.11. 1.8' Bulmny 3.0 8.4- Ll s' Ur1itS trs D.ck LC C8 Unit G SECOND LEVEL 9.o' 4.4' I I S]' LOCKER u o KITCHEN E� 2A b 2,7' 4. T 4.4' 2.6' L'J.,✓E4 3 6' . 5.8 4..' STORAGE - 26 LOCKER ",r c .11 Ha9N all Rooms 761 s fl. ]1.6' 11.7 5.1" U-G Unrt G LCE ].a ,kd Una D LCE Unit A MAIN LEVEL Unit B 5.,8.5 8.4 .u5t.v9DF8.r9' 6 9.66.1CLOSET BATH BATH ar L KITCHEN rr 4' 2615 S]3] TH 6.33.6A6.0' ' BEG 2 BED ].2 r 6. BEG _ -E 9.8 3.2' 2.1 URTB 8.4 Cnlvy Ha9N 11 Rooms 1199 eq./[. v.r 2.1 Unit E SECOND LEVEL Unit F 11.3' 9.r 5.0 5.1' 8.5' 8.4- 5.9' 2.6' 21.2' Y2. 9.1' a9CLOSET BATH a LAUNDRYBATH KITCHEN 2.] o KITCHEN UWT.3' 1.9 26 1s' 3.a W3.1 BATH /.6' 3.a 5.6ry s.)' 3.7 � w 0 64 4.0 Z vi 0 32 1.0 6.9' 3.T' S.]' CQ ILL (D 2.3- 4.5- 1.5' ]6.4' T.,' C 0 Z UNITE MY UNIT F ~ � (n 8.5 Cll Rooms-N 12.Y B S CnRoomsngli1 Q Balmn9 W U O 944 aq.f. 1199 aq R- UnnF BED BED nlr y LCE LO W BED BED 6L LID 2- W 2. 1' 2.1 } H..' 0 a 1].r 12A ,,.1' W Unit J THIRD LEVEL East View LCE a Limited Common Element a1 r� c a4' UJ,C 8.4. UNID 1- W Z LU I U m ¢QO 1>_ W U O J Z �a U o Q DFT. TL CK. MJL DATE: 5/11/12 PROJECT N0. 18036.01 SHEET 2 OF 2 ALAN RICHMAN PLANNING SERVICES, INC. P.O. BOX 3613 ASPEN, COLORADO 81612 970-920-112S June 4, 2018 Ms. Jennifer Phelan, Deputy Planning Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 R�CE/ JUVEDN C/TY 12 2018 L� v .10,far RE: CONDOMINIUM PLAT AMENDMENT FOR 550 EAST MAIN STREET Dear Jennifer, This is an application to amend the condominium plat for the Aspen Police Department which is recorded in Plat Book 119 @ Page 12 of the Pitkin County Records (Reception No. 637178). That condominium plat established condominium units for the Police Department Building (Unit 1), the Affordable Housing Building (Unit 2) and the Parking Garage (unit 3). The purpose of the amendment is to define the individual condominium units within Unit 2, the Affordable Housing Building. The Affordable Housing Building has recently been assigned the street address of 550 East Main Street. The Pitkin County Parcel ID numbers assigned to this building are 273707324006 and 273707324007. The property is zoned PUB (Public) and is owned by the City of Aspen. Proof of the ownership of the property is provided by Exhibit #1, a letter from the City Attorney. Authorization for Alan Richman Planning Services, Inc. to submit this application on behalf of the City is provided in a letter from the City Manager attached as Exhibit #2. You provided me a Pre -Application Conference Summary (see Exhibit #3) which states that the following review procedure must be followed to amend the condominium plat: Condom iniumization, pursuant to Section 26.480.050.A. The pre -application form lists the required contents of this application. In response to these requirements, the applicant is hereby submitting a draft plat illustrating the proposed condominium units. It shows that the Affordable Housing Building would be split into eight (8) condominium units, identified as Units A through G and J. Ms. Jennifer Phelan June 4, 2018 Page Two Response to Applicable Review Standards Section 26.480.050.A of the Municipal Code lists the following two review standards for an application requesting condom iniumization: 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29, Engineering Design Standards, Plat. Response: The attached draft plat has been prepared to follow the City's style and format requirements for condominium plats. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into between the applicant and the City unless the Community Development Director determines such an agreement is necessary. Response: The applicant understands this process and agrees to comply with it. Conclusion believe the above represents the materials required for the Community Development Director and the City Engineer to process this request. Please let me know if there is anything else you will need. Very truly yours, ALAN RICHMAN PLANNING SERVICES, INC. Alan Richman, FAICP CITY OF ASPEN June 4, 2018 Ms. Jennifer Phalen City of Aspen Community Development Department 130 South Galena Street Aspen, CO 81611 RE: 550 E. Main Street Housing Dear Jennifer, The purpose of this letter is to confirm current ownership that certain property located at 550 E. Main Street, Aspen CO and legally described below: Situate in Section 7, Township 10 South, Range 84 West, 61h P.M. City of Aspen, County of Pitkin, State of Colorado The parcel numbers for unit #2 are 273707324007 and 273707324006, according to the Pitkin County Assessor's website. This condominium plat, rights -of -way and easements of record are based on: the 540 East Main Street, Aspen Police Department Condominium map recorded March 28, 2017 in plat book 119 at page 12, reception no. 637138 The owner is the City of Aspen. Sincerely, James R. True, Esq. City Attorney City of Aspen i3it South G31una Sti cet Mpm CO 816n i975 I Pi 9/0.920.5000 1 F: 970.920,5197 1 c it yo iagw n.c om EXHIBIT #2 Ms. Jennifer Phelan, Deputy Director City of Aspen Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: LETTER OF AUTHORIZATION FOR CONDOMINIUM PLAT AMENDMENT FOR 550 EAST MAIN STREET Dear Jennifer, The City of Aspen is the owner of the affordable housing project that is under construction at 550 East Main Street in Aspen. The City of Aspen hereby authorizes Alan Richman Planning Services, Inc. to submit a land use application to amend the condominium plat for this property which is recorded in Plat Book 119 @ Page 12 (Reception No. 637178). The purpose of the amendment is to define the individual condominium units within the affordable housing component of this project. Mr. Richman is authorized to submit said application on behalf of the City of Aspen and to represent us in meetings with the City staff concerning said application. Should you have any need for further information during the course of your review of this application please do so through Mr. Richman or you may contact me directly. Sincerely, Steve Barwick, City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: June 1, 2018 PROPERTY: 540 E Main St Police Station APPLICANT: City of Aspen Asset Department REQUEST: Subdivision — Condominium Plat DESCRIPTION: The Applicant is pursuing an amendment to the existing condominium for the subject property at 540 E. Main St. that is recorded under reception number 637138. The intent of this condo plat is to condominiumize the affordable housing component into individual units. The condo plat should address how unit 2 is further divided as well as any need for limited and common elements, specifically to accommodate travel through unit 1 and 2 well as any need for trash/garage access in unit 3. Below are links to the Land Use Application form and Land Use Code. Land Use Application: https://www.citvofaspen.com/DocumentCenterNiew/l 835/Land-Use-Application-Packet-2017 Land Use Code: https://www.cityofaspen.com/191 /Municipal -Code Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050.A Condominiumization Review by: Staff for complete application and content. Engineering Dept. for content and format. Planning Fees: $650 — for two hours of Staff Review time. Referral Fees: Engineering —$325 for one hour of review time Total Deposit: $975 (additional/lesser planning hours are billed/refunded at a rate of $325/hour; additional engineering hours over deposit are billed at a rate of $325/hour) To apply, submit one copy of the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ 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. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached). ❑ Written responses to the review criteria found at Section 26.480.050.A of the land use code. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ Two 24"x36" paper copies of the draft plat. Once the application is deemed complete by staff, the following items will then need to be submitted: ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Upon completion of review, the following items will then need to be submitted: ❑ Two 24"06" copies of the plat on Mylar. ❑ Recording fees (to be assessed by the case planner). 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. 2 Vicinity Map Scale: 1 "=300' / / 5�"9� 3sa Q.— / 0.6' CAPS Co / OJ QlysfAapat D, 4'' V / / BeOmd N H GPS / CAPS Co City ll Younumem ofAapm 4 NOTES Ce" e 1 1PI CNT03 1.1 DATE OF SURVEY WASWY 2018. 56 Pp��nRo 2 I BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S36.3341'W BETWEEN G➢S5 C OF GPS CONTROL MONIPMEM AND A FOUND BRASS ➢LUG IN CONCRETE YARNED LS a286s3 AT THE NORTHWPST CORNER OF UMT l2. 550 BASTYAI' STREET ASPEN IOIJCB DSPARTYSNT CONDOYINRIYYA➢ AND AS SHOWN IlERFAN. Bo1laMso 3.1 THE ➢ANGEL NUMBERS FOR UNIT e2 ARE 2]3T0]32A00T AND 2T3]0]32A006, ACCORDING M THE Pl EEN COUNTY ASSESSOR'S WEBSITE. al TITS CONDOLBNfUM PLAT. RfGHTS-0E-WAY AND SASEYENTS OF RECORD ARE BASED ON: THE 5A0 EAST YAM STREET. ASPEN POLICE DEPARTMENT CONDOYlNrt1Y WP RBCORDSD MARCH 28, 201 ] IN PLAT BOON 119 AT PAGE 12, RECBNTON NO. 637138 AND MOMTM8NT5 POUND ON PLACE AS INDICATED HEREON. 5) ALL DIMENSIONS SHOWN HEREON ARE RECORD ARD ASMSASURED UNr ece OTHERWISE / CATED. 6.1 TItE LINELL UN(T U58D M THE PREPARATION OP THIS PLAT IS THE US. SURVEY FOOT AS DEFMBD BY THE UNITED STATES DEPARTMENT OF COMMERCE, NATIONK MS'DIIIIE OF STANDARDS AND TECHNOLOGY. ]I ACCORDING TO COtORADO LAW YOU MUST COPOGiNCE ANY LBGK ACTION BASED UPON ANY DEFECT Adle�ning Building IN TH1E SURVEY WITHIN TMtU YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. M NO EVENT WY ANY //V AC BASED M THIS DONANYDBFECT—my BE CO/ONNCED MORE THAN TER YRARs-.1, E DATE OF CERITFTGTTON SHOWN HEREOx. SURVEYOR'S CER77FICATE / 1, WCHASL J. fANGHWNE, DO HEREBY CERTIFY TW T I AM A PROFESSIONK LAND SURVEYOR LICENSED UNDER T/IE L1 WS OFTHE STATE of COLORADo, THAT TMS PLAT NSA TRUE, CORRECT AND COY M PLAT OF SW EAST PAIN STREET CITY OF ASPEN EMPLOYES HOV—G COAZN) &YAP, AS LAID OUT PLATTED, DEDICATED AND SHOWN HEREON AND CORRECTLY EHO WS THE LOCATION AND DDBXSIONS OF THE LOTS EASEMENTS AND STREETS OF 5. EAST YAM STREET CITY —ASPEN �YEE HOUSING CORDOYINiUY YAP, THAT SUCH PLAT WAS MADE FROM AN ACCURATE SURVEY OF SAID PROPERTY BY ME OR UNDER MY 0 S low SUPER N. IS BASEDONWKNOWLEDGE INFORWTION AND BSIJEF. AND TWTITCONFORMS WIH 77M 7 CURREM "STANDARDS iOR NAND SURVEYS" OF THE COWRADO AES BOARD OF REGISTRATlON, AS WEU AS WITH REIAIED SURVEY NEQUfREMENTE OF CURRENT VERSIONS OF THE COLORADO REVISEDTUT STAES, 38-55-]Ol, 38-33.3�"] AND 38-33.3.209 AND THE COUNTY OF PHEIN, COLORADO. THIS CERTIFICATE TS NOT T.K INTENDED TO BE AN EXPRESS OR DPIJBD WARRANTY OR GUARANTEE OF ABYW TIERS EXCEPT THOSE STATEDMT PRECEDING SENTENCE. I IN WITNESS WHEREOF, I HAVE SET —HAND AND SEA / THIS _ DAY OF A.D., 2018, / �/1 / MR AND LAfNGHORNE, COLORADO RBGfsTRATlON NO 3 7 FOR OR BEHAU' OF / I BOLiFF SURVEY SERVKCF$ INC ^ OXC / I I 550 EAST MA117 STREET CITY OF ASPEN EMPLOYEE HOUSING CONDOMINIUM PLAT o The purpose of this plat is to create condominium units A, B, C, D, E F, G and J Unit 2, 540 East Main Street Aspen Police Department Condominium Map, Book 119, Page 12 Paull Bwaa liue O Is S Situate in Section 7, Township 10 South, Range 84 West of the 6th P.M. sramp.e 1aa643 City of Aspen, County of Pitkin, State of Colorado / 350 8aa1 Main STIM j Nl tBS A, B,$FSJ Ga�Te 1 Sturm Dram 10 20 30 R RYPN Wa ll ®\ \ SCALE: 1'-I0' CER77FICATE GP OWNERSHIP AND SUBMISSION TO CONDOALVIIUM OWNERSHIP KNOW All MEN HY THESE PRESENTS THAT THE CITY OF ASPEN BEOYG THE SOTS OWNER OF ALL THAT REK PROPERTY Sf1T1A T8D M "'r!� TH8 CFTY OF ASPEN COUNTY OP PI]TCOL STATE OF COIURAl10, SAID REAL PROPERTY BEMGYORE ➢ARIICULARLY DESCRIBED AS o.T 1-I/2' ® Tags M.�' FOLIows: UNIT22,Rll PAGE 12, RECBPTOx NO F //q, e365]2 FWaN HEREBY CSRfTFY THAT WE W VB CAUSED SAID REAL PROPERTY TO BE LAID OUT, CONDOYINROmSD AND SVRVEYSD AS 550 EAST MATH STREET R AS D FTNAD EYPIOYEE HOUSNG COND0IONIUM YAP, AS SHOWN AND NOTED HEREON AND AS DESCRIBED INTIIE DECLARATION AS DEFINED BELOW: 86 / Jry Q WE HEREBY SUBMIT SAID REAL PROPERTY. PQO8TH8R WITHALL WROVEYBMS, APPURTHNANCESAND PACIJISES EXISTING NOW OR HEREAFBF THEREON TO COND01BMfAf OWNERSHIP UNDER 1TiE COLORADO COMMON INTfiREST OWNERSFffP ACT, C.R.S 38J3.3-101 AS THE SAYEWY BE AMENDED FROM TIME 1T11TME, AND HEREBY fAPOSB fIFOx ALL OF ITIE REAL PROPERTY TPM TERMS, CONDTITONS, COVENANT$ RBSIRICIIONS, EASPJIENIS, RESERVATIONS. USES, LDOTATXINSAND ORUGAMNS d CQ L DESCRIBED MTHS COUNTYCOL OSCLARATTON FOR GATE WAY ASPEN CONDOYMIUMS RECORDED M THE REAL PROPERTY RECORDS PITTUN COUNTY. COLORADO ON AT RECSPIWN NO. DiIE cc L DECIAD TION). TOGETHER WIIHANY OTHER AYEXDYENTS OR SUPPLEYENIS THERETO. WHICH DECLARARON SHAM BE W REAL PROPERTY AND SHALL BE A HU IN S AND REALP O E SAID DR R ATHEIR SIN;CESSORS. TO RUN PERSONAN DYIBREST IN SUCH REAL PROPERTY, THE@ GRAM ASSIGNS AND ANY PERSON ACQIIHNG OR OWN SUCl'PSSDRE. ASSIGNS Z a N Qr .i" r Q' p i N RS, M 1i8M5, PBEYOXK REPRESEMATTVE.S, IIXECfITTIRS, ADWNISTRATORS, DEVISEES OR ASSIGNS. IfXBCTTlED TIES DAY OF 20t8. Br ICITYOF��� STREET ASPEN CO81611 THE FOREGOING CERRF M OF DBDICATION AND OWNER5IHP WAS AC OWLBOGED BEFORE YE THIS _ DAY OF _ 2018, BY MY COMMISSION EXPIRES: WITNESS MY HAND AND OFFICf SEAL CC w L X, Z Q H W U U O cZ < U G O Z_ F Y r W U O 10.8�B• 13'l, >� s F R NOTARYPUBUC COYMUNITYDEVBLOPI/ENTDIRFiG70R'S APPROVAL THE APPUGTIOX FOR CONDOYINIUIPJATION SET NORTH IN MS PI AT OF CORDOWNIW HAS BEEN REVIEWED AND APPROVED FOR CGYPLfANCB NTTH TIB A CABIB PROWWONS OF THE CITY OF ASPEN -ND UEE CODE BY THH CITY OF ASPEN COMMUNITY DEVSLOPkIENT DIRECTOR THIS DAY OF 2018. TO THE EXTENT THAT ANYTHING IN THE PUT IS &CONSISTENT OR M COxFLICT WITH ANY CITY OF ASPEN DEVBIAPYSNT ORDERS REIATMG TO THESE CONDOWNRIYS OR ANY OTHER � W W } O a C C PROVISIONS OF APPLICABIB LAW, INCLUDING BUT NOT UMISD TO THE OTHER APPLICABLE LAND USE REGIRATIONS AND WILOIG CODES, SUCH OTHER DSVSLOPIBNTORDERS OR APPUCA8IE lA WS SHALL CONTROL W BY: (bYYUMITI' DBVBLOPYSNT DMSCIOR AJfordaBM Haael"9 56udu.a \ ENGINEERING DEPARTMENT REVIEW sso san Yaut ser UN G D A G G,`I a Qa\\ \ \ \ \ \ \ I Cenoate J \ \ Pe.mTled Building 6navaaAmen1 Nat Book 80. ➢age 58 10.0' Pedeatnan Eaaemenl Hat Book 80, Pape 57 TTUS ➢LIT WAS REVIEWED FOR lNE DEHCTTON OF THE EXGINBERI'G DEPARTYEM SURVEY REQIIWE1l8N]E. TMS DAY OF .18. BY: CITY ENGMESR 777ZE CER77FIC47E ADULY-AVTHORPPD RBPRP.SENTA'DVE OF DO HEREBY CERTDY THATI W VS BXAIINED TXE TITLE fO ALC fANAS SHOWN IION TINS PUTAND TTLITTTHB M SUCHTANDS IS VESTED M THE OWNER AND DEDICATOR, FREE AND CLEIR OFALL 'AND BNCUYBRANCSSMfCLUDMOYORTGAGSS D88pSOP MUST, JUDGYE M EASow.mS, CONTRACISANDAGREEIPN'B OPRECORD AFFECRNO THE REAL PROPERTYMTHfS PL1'n, EXCEPTASFOLLOWS: W W O Q Q 00 Ll- Z V O W Z. } Q W U (n Cl) O �p \ 1 T ] 8 COMPANY I BY: DATE: 18.T I I Pe.mirtM Building EnooadmenT �`l� Plan Book 80, Pa Be 5E 11TIS BNAImNBR q 3 ACCEPTANCE FOR RECORDING FILE: CONDO DFT. TL N76 J J. W IOQ7g' Rmeining Walls I ItrPmO I I MIS CONOOYINRIY PLAT ISALC3LPIED FOR FBANG MINE OFPICEOFTHE CLERX AND RECORDERS OF Pl/XIN COUNNTY', COLORADO, MS_ DAY OF 2018. M PLAT BOOK ON PAGE RECEPTlON NO. CK. MJL DATE: 5/24/18 s p BY: PROJECT NO C1SR8ANDRECORDER Sq0 N°� SxPe ,P36 ^' As�yNd° N° 63T c R� 18036-01 SHEET 1 OF 2 50 EAST Unit C MAIN LEVEL Unit D STREET CITY OF ASPEN E]UPLOYEE HOUSING CONDOMINIUM PLAT The purpose of this plat is to create condominium units A, B, C, D, E F, G and J Unit 2, 540 East Main Street Aspen Police Department Condominium Map, Book 119, Page 12 Situate in Section 7, Township 10 South, Range 84 West of the 6th P.M. City of Aspen, County of Pitkin, State of Colorado Unit A MAIN LEVEL Unit B 5.18.5' 8.1' S.9' 2.6' 11.9' 9.6' 6.1' 9.1' 8.9 a.)' CLOS- BATH BATH NCR; BAT, so' KITCHEN S.S 2.8' 2.7 K "� LAJNORI 2.8' E T.3'1.130' 2 3'1.93.6BA1Fi..6.1' ).2'12.1- 6.1' 2.3' 1.5' .. 1.5' 6.4 2.1' UNT a IhtitA UNIfA 1T.3'- 8.1'Ceilmg Height ^ t�v 8.1' gE Rgami H uO e � 1199 egft 933 MJt. 12.3' BED 2.3 BED BE, - BED ll.r y BED 19 - -4 S.T9' 1 ].3 9 8 - 10.0 11 a 9.9- 9.8' ee 15.9' 5.9' 9.1' 9.1' 6aTH )s 2.3' BATH F.' -,. H 0.9' 2.1' �. ' r 2 8' 1.8 2.1' 16 2.9' 3.6' �' 3.6' 2.9 3.0' 3.0' 3.0' 3.6' 36 23.1 21.0 --- - 6 0" 3.0 6.0' 5.1' 3.0 5.1' UNIT C UNITD 3.5' 9.1' Caiang Heigh 9.5 Ceiling Hei9M all Rawu 11.8' all Rooms S.T 5W M/L E L _ 632 ,, P. Ba4nny I1.1' 8.9' 3.0- e.1 11.5' UnitE LCE I8.0' UcR UwY C rnR Unit G SECOND LEVEL 1.8' " 2.T' 62' 9.0' 9.1 I I 5.1 O.a' 2.1' 2T 16 L&C ER 36 5.d 5.3' 2.6 - G 8.5- CnMg Haigh all Rooms ]61 MJt ]1.6 11.7 5.1' Balcony Unit C LCE 129 1]0' -A Unit E SECOND LEVEL 11.3- 9. ]' ' 2-9 CLOSET BATH T.6 BA-- 3.0 2.4 3.1' BATH 1.6' 3.0' 6.1' 1.0' LA L I 0' 1.1 6.5' 3.8" 2.3' UNITE 8.5' ece'hng NmgN - 12.3' 11 Roenu 919 p.Jt. �^ BED - 30� BEC; �. n 26' ✓`v 1., T Unit J THIRD LEVEL LCE = Limited Common Element Unit F 2.T KITCHEN 5.6 5.7' 3" 6 1' 7.1' 3.2' .5 12.3' �_. B_� II.T 21 East View J 21.2' Ca L LU CZ L LU W ❑ Z N O 5.7 Q Q U 2 U) OZ F-r CCIO8.5' Hngai a Room.+ U)UNTf _ ❑ �ceitirp 1199 Mf. •- Belrony Umt F LU () O LrE O = Y1 W Ln W } 18.1' Q (cCL w F- W Z W LU � U) m W Z O OW Z �0a. U o Q FILE: CONDO OFT. TL CK. MJL DATE-. 5/11/18 PROJECT NO. 1803"1 SHEET 2 OF 2