HomeMy WebLinkAboutLanduse Case.CO.228 E Cooper Ave.0059.2008.ASLUa 28 E. Cooper Ave 0059.2008.ASLU
N� fonarch on the Park Condo Project 2737-18-2-18-001
2737-18-2-19-001
C
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A
THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0059.2008.ASLU
2737-18-2-18-001 & 2737-18-2-19-001
228 E COOPER AVENUE
DREW ALEXANDER
CONDO PROJECT
LIMELIGHT REDEVELOPMENT
12/30/08
CLOSED BY Angela Scorey on 03/03/2009
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Jain Veluatbn Custom Fields Act ons Feef. Parcels Fae Summary Sub Permits l Attachments Rogting Status Routing tiistory
Permit Type raslu - Aspen Land Use Permit # 0059.2008.ASLU
Address 228 E COOPER AVE Aptl5uite
City ASPEN State CO - Zip 81611 JQ
Permit Information — - —
Master Permit J Routing Queue aslu07 Applied 12103/2008 J
Project J Status pending Approved J
Description CREATION OF FINAL EIGHT UNITS OF MONARCH ON THE PARK isvied F J
ICONDOMINUIZATION PROJECT.
Fnal
Submitted GERALD M. BIEHL Cbdc RZ;- Days F 0 Expires 11128/2009 J
Owner
Last Name JELITE REDEVELOPMENT LLC J
First Name IGERALD M. BIEHL
1201 GULAPAGO ST
Phone 3303) 592-9112
*101
DEN
DENVER CO 80204
FV Owner Is Applicant?
Applicant
Last Name ILIMELITE REDEVELOPMENT J
First Name GERALD M. BIEHL
1201 GULAPAGO ST
Phone (303)592-9112 Custf 28476 J
*101
DENVER CO 80204
Lender
Last Name z
First Name
Phone
I,
- - AspenGold(b) Re
CV
C V -7 SS -
As 121 310K
An,w ,A4 re.;S
Condo Plat Checklist: Ref. City of Aspen Land Use Code, Part 400, Chapter 480, Section 090
- Case:gaS ��o-'ST / Md-AJAR esN I - HE PAR*_-; oO59. AAOO&..4Stu
- Date: 1��v81og /J
- Planner assigned:
01Yes ❑ No: Required Certificates on Plat Map
0, Yes ❑ No:
Lien Holder Consent and Subordination
kYes ❑ No:
Surveyor's Certificate
RYes
❑ No:
Title Certificate
Yes ❑ No:
Declarant's Certificate
Yes ❑ No:
City Engineer's Approval
AA� Yes ❑ No: Community Development Director's Approval
rM
Yes ❑ No: A certificate of filing for the Pitkin County Clerk and Recorder
Notes:
Yes ❑ No: Accurate and understandable dimensions for all lines, angles and curves used to
describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or
dedicated for public or common use and other important
Notes:
19 Yes ❑ No: A scale representing one (1) inch equals one hundred (100) feet or larger
Yes ❑ No: Under Surveyor's Certificate language, there must be a statement explaining that
the control precision is greater than 1 in 10,000.
Yes ❑ No: A description of all survey monuments, both found and set, which mark the
boundaries of the subdivision, and copies of any monument records required of the land
surveyor.
[, Yes ❑ No: Common access, utilities and drainage are accessible to all units benefiting from
common utilities.
O General Notes: rSY �`7 t-ot'PLL"Y�/T; 41-1- G(f4ti41i5 +IVD-S"c��5 l7°ti5
Engineering Requirements:
Cl Survey performed or verified within the last 12 months
❑ Surveyor's certificate stating that the error of closure is less than 1/10,000
rl Vicinity map showing the property surveyed in reference to nearby highway(s) or major street
intersections (shown at a scale of 1" = 400')
C] Monuments placed (or reference monument or witness to the corner) at all corners of the
boundary of the property, unless already marked or referenced by an existing monument of
witness to the corner.
❑ Legend of symbols
❑ Survey tied to USGA, NGS or local government monument system
❑ Overlaps and gores along the exterior of the boundaries
❑ Legal description of property
❑ Existing building(s) locations and dimensions with ties
❑ All improvements within five feet of property boundaries
❑ Gross land area to the nearest thousandth of an acre
❑ One foot contours and the datum of the elevations
Basis of bearing and point of beginning graphically
❑ Roads (edge of pavement as applicable), Rights -of -Way and distance to the nearest intersecting
street if within 200' of property
El
El
El
El
11
1
El
Label easements and encroachments, add reference numbers as applicable
Indication of access to public rights -of -way on land such as curb cuts and driveways, and to and
from waters adjoining the surveyed tract.
List setbacks and building envelopes
Names of adjoining owners of platted lands or subdivision names
Any changes in street right of way lines either completed or proposed
Location, species, trunk diameter of trees at 4 %2' from ground, and extents of drip line
Natural hazards; the designation of all areas that constitute natural hazard areas including but
not limited to snow slide, avalanche, mudslide, and rockslide.
Delineate areas with slopes form 20% to 30% and areas with slopes greater than 30%
Flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps of
the state of local equivalent, by scaled map location and graphic plotting only).
Location of all utilities existing on or serving the surveyed property as determined by observed
evidence and observed evidence together with evidence from plans obtained from utility
companies or provided by client, and markings by utility companies and other appropriate
sources (with reference as to the source of information).
List of all documents used in the survey with recoding information
•
•
December 1, 2008
By Electronic Mail (drew.alexanderna ci.aspen.co.us)
Drew Alexander
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611-1975
Re. Monarch on the Park Condominium
Dear Drew:
Les Roos
les roos(d.)co mcast. net
720-379-6742
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. In accordance with the Pre -Application
Conference summary, this letter authorizes Gerald M, Biehl, President of General Management
Real Estate Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite
Redevelopment, LLC's representative for the Common Development Review Procedures
pertaining to the approval of the condominiumization of Monarch on the Park. Mr. Biehl's
contact information is as follows:
Gerald M. Biehl
General Management Company
1201 Galapago Street, No. 101
Denver, Colorado 80204
(303) 592- 9112 (office)
(720) 254-5086 (mobile)
jerry@gmco.org
Sincerely,
Les Roos
Read and Approved:
Limelite Redevelopment LLC, a Colorado limited liability company,
By: General Management Real Estate Services, Inc., a
Colorado corporation, Manager
By:
erald M. Bie 1, P esident
Date:
t
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
Les Roos
lesroos()comcast. net
720-379.6742
December 1, 2008
By Electronic Mail (drew.alexander(ir ci.aspen.co.us)
Drew Alexander
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611-1975
Re: Monarch on the Park Condominium
Dear Drew:
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. This real property is known by street
address as 228 East Cooper Avenue, Aspen, Colorado is legally described as follows:
South Parcel, Limelight Subdivision/Planned Unit Development, as shown on the plat
recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado. The
property is encumbered by the following:
1. Taxes and assessments for the year 2008 and subsequent years, a lien not yet due and
payable.
2. Exceptions and Reservations as set forth in the Act authorizing the issuance of the Patent
for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216.
3. Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council,
approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at
Reception No. 526847.
4. Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned
Unit Development recorded on July 26, 2006, as Reception No. 526848.
Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July
26, 2006, as Reception No. 526850.
u
•
Drew Alexander
December 1, 2008
Page 2
Covenants, conditions, restrictions, reservations and lien rights which do not include a
forfeiture or reverter clause, set forth in the Declaration of Covenants for Monarch on the
Park recorded November 20, 2008, at Reception No. 554413.
7. Notes, easements, rights of way, restrictions, and other matters or conditions as shown
and set forth on the Condominium Map for Monarch on the Park recorded November 20,
2008, as Reception No. 554414, Map 89, Page 11.
8. Terms and provisions of the Amenities Use Agreement recorded November 20, 2008, at
Reception No. 554414.
As fee simple owner, Limelite Redevelopment LLC has full right and authority to
execute and submit all documents necessary or appropriate in conjunction with the Common
Development Review Procedures pertaining to the approval of the condom iniumization of
Monarch on the Park. This submittal is in accordance with the procedures and requirements of
Ordinance No. 1 (Series 2006) and the Subdivision/Planned Unit Development Agreement for
Limelight Subdivision/Planned Unit Development, which documents are more particularly
identified in paragraphs 3 and 4 above.
As further evidence of the ownership rights of Limelite Redevelopment LLC to the real
property described above, along with the copy of this letter emailed to you I have attached a copy
of the recorded deed conveying the real property to Limelite Redevelopment LLC and a copy of
the title commitment issued by Stewart Title Guaranty Company for the loan for construction of
Monarch on the Park, both confirming title to the real property in Limelite Redevelopment LLC.
Sincerely,
Les Roos
cc: Gerald M. Biehl by electronic mail
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
0 •
Les Roos
lesroos ,comcast.net
720-379-6742
December 1, 2008
By Electronic Mail(drew.alexander(&ci.aspen.co.us)
Drew Alexander
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 81611-1975
Re: Monarch on the Park Condominium
Dear Drew:
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. In particular, this letter addresses
paragraph 10 of the City of Aspen Pre -Application Conference Summary by providing a written
description of the proposal and a written explanation of how the First Supplemental
Condominium Map providing for creation of the remaining eight condominium units to be
created in Monarch on the Park complies with the review standards relevant to the development
application. As you are aware, the initial six condominium units were created by recording of the
Declaration of Covenants, Conditions and Restrictions for Monarch on the Park and the
Condominium Map for Monarch of Park on November 20, 2008.
The review standards relevant to the Monarch on the Park are specified in Ordinance No.
1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the
Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847
in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the
Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit
Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's
office for Pitkin County, Colorado.
Paragraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight
Subdivision/Planned Unit Development provides as follows:
Condom iniumization of Project; Association. As soon as construction of the Project
allows, Owner anticipates submitting the lodge portion of the Project and the free-market
Drew Alexander •
December 1, 2008
Page 2
residential component of the Project to two (2) separate plans for condominiumization
created pursuant to Colorado Common Interest Ownership Act ("CCIOA").
Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the
City agrees to process for approval and recordation a condominium map for each separate
condominium regime. Owner shall also record declarations for each common interest
condominium community and create a corporate non-profit homeowner's association for
each community (the "Associations"), including articles of incorporation and bylaws.
The Associations shall be responsible for the maintenance of their respective common
elements. Membership in each respective Association shall automatically inure to any
unit owner within the respective condominium regime upon the transfer of title thereto.
In furtherance of this requirement and in accordance with the recorded Declaration of
Covenants, Conditions and Restrictions for Monarch on the Park, a copy of which accompanies
the electronic copy of this letter, the First Supplemental Condominium Map and the First
Amendment to Declaration of Covenants, Conditions and Restrictions, a copy of which also
accompanies the electronic copy of this letter and will be recorded just prior to recording of the
First Supplemental Map, establishes the remaining eight condominium units in Monarch on the
Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City,
were based on 14 condominium units, which 14 units will be established upon recording of the
First Supplemental Condominium Map and the First Amendment to Declaration of Covenants,
Conditions and' Restrictions.
For your information, I have also attached copies of the Articles of Incorporation,
Articles of Amendment, and Bylaws for Monarch on the Park Condominium Owners
Association, a Colorado nonprofit corporation, the members of which are owners of the
condominium units, and a Good Standing Certificate for Monarch on the Park Condominium
Owners Association issued by the Colorado Secretary of State.
Please let me know if you need any additional information. Thank you again for your
cooperation.
Sincerely,
p
al
Les Roos
cc: Gerald M. Biehl by electronic mail
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
•
•
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 429-2739 DATE: 12/01/08
PROJECT: Monarch on the Park Condominium Plat
APPLICANT: Sopris Engineering
REPRESENTATIVE: Cate Love
TYPE OF APPLICATION: Condominiumization
DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. As
described by the Applicant's representative, Monarch on the Park is a property that initially
will contain six condominium units and ultimately will contain 14 ondominium units.
Condominiumization review (which is a form of subdivision) is required in order to create a
condominium form of ownership
Land Use Code Section(s)
26.304 Common Development Review Procedures
26.480.090 Condominiumization
Review by: - Staff for complete application
- Community Development Director for condom iniumization
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies:
Subdivision and associated reviews: 2 Copies
To apply, submit the following information:
l . Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre -application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
11.All other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above) as well as the text only
on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
0 •
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.
A
Pvo LI-rrrn, Ala 50
ATTACHMENT 2 —LAND USE APPLICATION v
PROJECT:
Name: M UYW G A Oyu 40,-, Pw2
Location: -Z2$ Faof �p ` ► 5D
indicate street address, lot & block number, regal descri tion where ro iate
Parcel ID # (REQUIRED)
APPLICANT:
Name: �irnl l c �t r C�t,Q 44 C. °/p O,f�QitaP oe�o
Address: 12.01 6 al a S-� c t A/0. 10 Q
Phone #: 3 — S 9
REPRESENTATIVE:
Name: Ce4e aJ d k • 13 i
Address: > - Y r C n ",k'r
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
Conceptual PUD
❑
Temporary Use
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
❑
Text/Map Amendment
❑
Special Review
❑
Subdivision
❑
Conceptual SPA
❑
ESA — 8040 Greenline, Stream
,
❑
Final SPA (& SPA
Margin, Hallam Lake Bluff,
condominiumization)
Amendment)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑
Small Lodge Conversion/
Expansion
❑
Residential Design Variance
❑
Lot Line Adjustment
Other: Cod, I ,J 1&141.
n
Conditional Use
EXISTING CONDITIONS: (description of
„t,,�r-►,�'m�,
"fyucteQLU 1
Rh u ae an CIL d av\ LIKA C eJ Ci4. CeZA4U,t tj 4,yx.. IYY\ CCD e nC�.v►^ 6: t.1n tom^ i,t . LA
PROPOSAL: descri on of proposed buildings, uses, modifications, etc. '
Cr eofin c�c/Y 8 �t�-t.� dA Q d'L �G ev►��C UrvUAf.LL(�y,.
Hakt you attached the following? FEES DUF,: $
e-Application Conference Summary
Attachment #1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
P 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.
e. s
0
Gov)}
j NGt�
•
ATTACHMENT 3
DIMENSIONAL REQUIREMENTS FORM
Project: Monarch On The Park
Applicant: Limelight Redevelopment LLC
Location: 405 S. Monarch Street
Zone District: Lodge Zone District with a PUD Overlay
Lot Size: 26,916 sf
Lot Area: 26,916 sf
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing:_NIA Proposed.•_NIA
Number of residential units: Existing: N/A Proposed: Initially 6; 14 when all units created
Number of bedrooms: Existing: —NIA Proposed.• Initially 23; 48 when all units created
Proposed % of demolition (Historic properties only): —N/A
DIMENSIONS: (See note below re: Allowables)
Floor Area: Existing. --NIA Allowable: 2.43:1 FAR Proposed: _55, 661 FA(see note)
Principal bldg. height:
Existing:
—NIA
Access. bldg. height:
Existing:
_NIA
On -Site parking:
Existing.
N/A
% Site coverage:
Existing:
_NIA.
% Open Space:
Existing.
N/A.
Front Setback:
Existing. -
.NIA
Rear Setback: Existing: N/A
Allowable: _42' *
Proposed: _41.83'
.Allowable. --NIA
Proposed: N/A
Required: 2 per unit_Proposed: 2 per unit_
Required: 77% max.
_Proposed: _77%
Required: N/A
Proposed. N/A
Required: _0'
_Proposed: _0'
Required: _0'
Proposed: _0'
Combined F/R: Existing.•_NIA
Required: _0'
Proposed: _0'
Side Setback: Existing.•_N/A
Required:_0'
Proposed:_0'
Side Setback: Existing: _NIA _
_Require&_0'
Proposed: _0'
Combined Sides: Existing: N/A
Required:_0'
Proposed:_0'
Distance Between Existing —NIA—Required: NIA Proposed. --NIA
Buildings
* 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at
2/6/06 City Concil Meeting on Ordinace 1/2006.
Existing non -conformities or encroachments: N/A
Variations requested: _N/A
Note: "Allowable" information is per Ordinance #1, Series of 2006, approving
Limelight Lodge Final PUD.
Note: Floor area quantity not specifed in Ord. 1/2006, only FAR. Gross Bldg. Area.
is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf.
this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR.
E
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and 1 M t %l �C I �.t cLLb L L G
(hereinafter APPLICANT) AGREE AS FOLLOWS:
I. APPLICANT has submitted to CITY an application for
0&'y1CMM1AJJLLU i 7 0,A f/4
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of app ' ation completeness, APPLICANT shall pay an initial deposit in the
amount of $ 73 5, 01 which is for r 1�/, hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
APPLICANT C, �
CC
� .�� r .
8i By:
G� w2ct i1.t;Q.�.
Date:
Billing- nd elep ne Numbe .
l 2C9 Caja� Siy�t,t Nca /07
Z), a 2o
0
•
BYLAWS
OF
MONARCH ON THE PARK CONDOMINIUM OWNERS ASSOCIATION
ARTICLEI GENERAL.................................................................................................................. 1
1.1
Purpose of Bylaws.................................................................................................. 1
1.2
Terms Defined in Declaration................................................................................. 1
1.4
Controlling Laws and Instruments.......................................................................... 1
ARTICLEII
OFFICES................................................................................................................... 1
2.1
Principal Office .............................
2.2
Registered Office and Agent................................................................................... 1
ARTICLEIII
MEMBERS............................................................................................................... 2
3.1
Members................................................................................................................. 2
3.2
Memberships Appurtenant to Unit.......................................................................... 2
3.3
Members' Voting Rights......................................................................................... 2
3.4
Voting by Joint Owners.......................................................................................... 2
3.5
Suspension of VotingRights.................................................................................. 2
3.6
Transfer of Memberships on Association Books .................................................... 2
3.7
Assignment of Voting Rights to Mortgagees ......................................................... 3
ARTICLE IV MEETING OF MEMBERS..................................................................................... 3
4.1
Place of Members' Meetings .................................................................................. 3
4.2
Annual Meetings of Members................................................................................. 3
4.3
Special Meetings of Members................................................................................. 3
4.4
Meetingto o Approve Annual Budget....................................................................... 3
4.5
Record Date............................................................................................................ 3
4.6
Notice of Members' Meetings................................................................................ 3
4.7
Proxies.................................................................................................................... 4
4.8
Quorum at Members' Meetings.............................................................................. 4
4.9
Adjournment of Members' Meetings...................................................................... 4
4.10
Vote Required at Members' Meetings.................................................................... 5
4.11
Cumulative Voting Not Permitted.......................................................................... 5
4.12
Order of Business.................................................................................................... 5
4.13
Expenses of Meetings............................................................................................. 5
4.14
Waiver of Notice.....................................................................................................5
4.15
Action of Members Without a Meetine.................................................................. 5
4.16
Electronic Meetings................................................................................................5
ARTICLE V
BOARD OF DIRECTORS........................................................................................ 5
5.1
General Powers and Duties of Board of Directors .................................................. 5
5.2
Special Powers and Duties of Board of Directors ................................................... 6
(a) Assessments................................................................................................ 6
(b) Taxes........................................................................................................... 6
(c) Insurance..................................................................................................... 6
(d) Common Area............................................................................................. 6
(e) Agents and Employees................................................................................ 6
(f) Borrowing................................................................................................... 6
(g) Enforcement................................................................................................6
(h) Delegation of Powers.................................................................................. 6
(i) Rules and Regulations................................................................................. 6
5.3
Oualifications of Directors...................................................................................... 7
5.4
Appointment and Election of Directors..................................................................
7
5.5
Term of Office of Directors....................................................................................
8
5.6
Removal of Directors..............................................................................................
8
5.7
Resignation of Directors.........................................................................................
8
5.8
Vacancies in Directors............................................................................................
8
5.9
Executive Committee..............................................................................................
9
5.10
Other Committees of Association...........................................................................
9
5.11
General Provisions Applicable to Committees.......................................................
9
5.12
Manager or Managing Agent..................................................................................
9
ARTICLE VI MEETING OF DIRECTORS.................................................................................
10
6.1
Place of Directors' Meetings.................................................................................
10
6.2
Annual Meeting of Directors................................................................................
10
6.3
Other Regular Meetings of Directors....................................................................
10
6.4
Special Meetings of Directors...............................................................................
10
6.5
Notice of Directors Meetings................................................................................
10
6.6
Proxies..................................................................................................................
10
6.7
Quorum of Directors.............................................................................................
11
6.8
Adjournment of Directors' Meetings....................................................................
11
6.9
Vote Required at Directors' Meeting....................................................................
11
6.10
Order of Business..................................................................................................
11
6.11
Officers at Meetings ..............................................................................................
11
6.12
Waiver of Notice...................................................................................................
11
6.13
Electronic Meetings..............................................................................................
11
6.14
Action of Directors Without a Meeting................................................................
11
6.15
Executive Meetings...............................................................................................
12
6.16
Conflict of Interest................................................................................................
12
ARTICLEVII
OFFICERS............................................................................................................
12
7.1
Officers. Employees and Agents...........................................................................
12
7.2
Appointment and Term of Office of Officers.......................................................
13
7.3
Removal of Officers..............................................................................................
13
7.4
Resignation of Officers.........................................................................................
13
7.5
Vacancies in Officers............................................................................................
13
7.6
President................................................................................................................13
7.7
Vice Presidents......................................................................................................
13
7.8
Secretary................................................................................................................13
7.9
Treasurer...............................................................................................................
14
7.10
Bonds....................................................................................................................
14
ARTICLE VIII
INDEMNIFICATION OF OFFICIALS AND AGENTS ....................................
14
8.1
Certain Definitions................................................................................................
14
8.2
Right of Indemnification.......................................................................................
14
(a) Standards of Conduct................................................................................
14
(b) Settlement ................................ ...........................
15
8.3
Indemnification Prohibited...................................................................................
15
8.4
Prior Authorization Required................................................................................
15
8.5
Success on Merits or Otherwise ....................................
8.6
Advancement of Expenses....................................................................................
15
8.7
Payment Procedures..............................................................................................
16
8.8
Notification to Members.......................................................................................
16
8.9
Authority to Insure................................................................................................
16
8.10
Right to Impose Conditions to Indemnification....................................................
16
8.11
Other Rights and Remedies..................................................................................
16
8.12
Applicability Effect...............................................................................................
17
8.13
Indemnification of Agents....................................................................................
17
8.14
Savings Clause: Limitation...................................................................................
17
ARTICLE IX MISCELLANEOUS...............................................................................................
17
9.1
Amendment of Bylaws..........................................................................................
17
9.2
Compensation of Officers, Directors and Members .............................................
17
9.3
Books and Records...............................................................................................
18
9.4
Annual Report .......................................................................................................
18
9.5
Statement of Account............................................................................................
18
9.6
Corporate Reports.................................................................................................
18
9.7
Fiscal Year............................................................................................................
18
9.8
Seal........................................................................................................................
19
9.9
Shares of Stock and Dividends Prohibited............................................................
19
9.10
Loans to Directors, Officers and Members Prohibited .........................................
19
9.11
Limited Liability...................................................................................................
19
9.12
Special Rights of First Mortgagees .......................................................................
19
9.13
Minutes and Presumptions Thereunder................................................................
19
9.14
Record of Mortgagees ...........................................................................................
19
9.15
Checks, Drafts, and Documents............................................................................
19
9.16
Execution of Documents.......................................................................................
20
ARTICLE X NOTICE AND HEARING PROCEDURE.............................................................
20
10.1
Association's Enforcement Rights........................................................................
20
10.2
Written Complaint................................................................................................
20
10.3
Notice of Complaint and Notice of Defense.........................................................
20
10.4
Tribunal.................................................................................................................21
10.5
Notice of Hearing ..................................................................................................
21
10.6
Hearin..................................................................................................................22
10.7
Decision................................................................................................................
23
iv
•
BYLAWS
OF
MONARCH ON THE PARK CONDOMINIUM OWNERS ASSOCIATION
ARTICLE I
GENERAL
1.1 Purpose of Bylaws. These bylaws ("Bylaws") are adopted for the regulation and
management of the affairs of Monarch on the Park Condominium Owners Association, a Colorado
non-profit corporation ("Association"). The Association has been organized as a Colorado
corporation under the Colorado Revised Nonprofit Corporation Act ("CRNCA") to act as the
association under the Declaration of Covenants, Conditions and Restrictions for Monarch on the
Park ("Declaration"), to perform the functions as provided in the Declaration and to further the
interests of Owners of Units within the Condominium.
1.2 Terms Defined in Declaration. Capitalized terms in these Bylaws shall have the same
meaning as any similarly capitalized terms in the Declaration.
1.3 Controlling Laws and Instruments. These Bylaws are controlled by and shall always
be consistent with the provisions of CRNCA, the Colorado Common Interest Ownership Act
("CCIOA"), the Declaration and the Articles of Incorporation of Monarch on the Park
Condominium Owners Association filed with the Secretary of State of Colorado, as any of the
foregoing may be amended from time to time.
ARTICLE II
OFFICES
2.1 Principal Office. The initial principal office of the corporation shall be c/o General
Management Real Estate Services, 1201 Galapago Street, #101, Denver, Colorado 80204, Attn:
Gerald M. Biehl. The Board of Directors, in its discretion, may change, from time to time, the
location of the principal office.
2.2 Registered Office and Agent. CRNCA requires that the Association have and
continuously maintain in the State of Colorado a registered office and a registered agent whose
business office is identical with such registered office. The registered office need not be the same as
the principal office of the Association. The initial registered office and the initial registered agent are
specified in the Articles of Incorporation of the Association but may be changed by the Association
at any time, without amendment to the Articles of Incorporation, by filing a statement as specified by
law in the Office of the Secretary of State of Colorado.
•
ARTICLE III
MEMBERS
3.1 Members. A "Member," as provided in the Declaration, is the Person, or if more than
one, all Persons collectively, who constitute the Owner of a Unit within the Condominium.
3.2 Memberships Appurtenant to Unit. Each Membership shall be appurtenant to the fee
simple title to a Unit. The Person or Persons who constitute the Owner of fee simple title to a Unit
shall automatically be the holder of the Membership appurtenant to that Unit and the Membership
shall automatically pass with fee simple title to the Unit.
3.3 Members' Voting Rights. Each Member, as an Owner of a Unit, shall have the right
to cast one (1) vote in accordance with the Declaration.
3.4 Voting by Joint Owners. If there is more than one Person who constitutes the Owner
of a Unit, each such Person shall be entitled to attend any meeting of Members of the Association but
the voting power attributable to the Unit shall not be increased. In all cases in which more than one
(1) Person constitutes the Owner of a Unit, including instances in which a Unit is owned by a
husband and wife, then, unless written notice to the contrary, signed by any one of such Persons, is
given to the Board of Directors of the Association prior to the meeting, any one (1) such Person shall
be entitled to cast, in person or by proxy, the vote attributable to the Unit. Fractional voting of the
vote attributable to any Unit among those Persons who constitute the Owner of a Unit shall not be
allowed. If the Owners of a Unit cannot agree among themselves as to how to cast their vote on a
particular matter, they shall lose their right to vote on such matter. If any Owner casts a vote
representing a Membership appurtenant to a particular Unit, it will thereafter be presumed for all
purposes that the Owner was acting with the authority and consent of all other Owners with whom
such Owner shares the Membership, unless objection thereto is made by an Owner of that Unit to the
person presiding over the meeting at or prior to the time the vote is cast. If more than the number of
allocated votes is cast for any particular Membership, none of such votes shall be counted, and all of
such votes shall be deemed null and void.
3.5 Suspension of Voting Rights. The Board of Directors may suspend the voting rights
of a Member during and for up to sixty (60) days following any breach by such Member of any
provision of the Declaration or of any Rule or Regulation adopted by the Association unless such
breach is a continuing breach, in which case such suspension shall continue for so long as such
breach continues and for up to sixty (60) days thereafter. Notwithstanding anything to the contrary
contained herein, only Members whose voting rights are in good standing (e.g., voting rights which
have not been suspended as provided herein) shall be entitled to vote on Association matters.
3.6 Transfer of Memberships on Association Books. Transfers of Memberships shall be
made on the books of the Association only upon presentation of evidence, satisfactory to the
Association, of the transfer of ownership of the Unit to which the Membership is appurtenant. Prior
to presentation of such evidence, the Association may treat the previous Owner as the Owner of the
2
Membership entitled to all rights in connection therewith, including the rights to vote and to receive
notice.
3.7 Assignment of Voting Rights to Mortgagees. A Member may assign his voting rights
to any First Mortgagee by duly executed proxies timely delivered to the Association. Any such
assignment of voting rights and any revocation or termination of any assignment of voting rights
shall be in writing and shall be filed with the Secretary of the Association.
ARTICLE IV
MEETING OF MEMBERS
4.1 Place of Members' Meetings. Meetings of Members shall be held at the principal
office of the Association or at such other place, within or convenient to the Condominium, as may be
fixed by the Board of Directors and specified in the notice of the meeting.
4.2 Annual Meetings of Members. Annual meetings of the Members shall be held on
such day and at such time of day as is fixed by the Board of Directors of the Association and
specified in the notice of the meeting. An annual meeting shall be held each calendar year to elect
Directors of the Association and to transact such other business as may properly come before the
meeting.
4.3 Special Meetings of Members. Special meetings of the Members may be called by
the Declarant, the President or the Board of Directors of the Association or by Members holding not
less than twenty percent (20%) of the total votes of all Members. No business shall be transacted at a
special meeting of Members except as indicated in the notice thereof.
4.4 Meeting to Approve Annual Budget. The Association budget shall be approved as
provided in the Declaration.
4.5 Record Date. For the purpose of determining Members entitled to notice of, or to
vote at, any meeting of Members or in order to make a determination of such Members for any other
proper purpose, the Board of Directors of the Association may fix, in advance, a date as the record
date for any such determination of Members. The record date shall be not more than fifty (50) days
prior to the meeting of Members or the event requiring a determination of Members.
4.6 Notice of Members' Meetings. Written notice stating the place, day and hour of
any meeting shall be delivered not less than ten (10) nor more than fifty (50) days before the date
of the meeting, either personally or by mail, by or at the direction of the President or the
Secretary of the Association or the officers or persons calling the meeting, to each Member
entitled to vote at such meeting. The notice of an annual meeting shall include the names of any
known candidate for Director and shall identify any other matter that it is known may come
before the meeting. The notice of a special meeting shall state the purpose or purposes for which
the meeting is called. If mailed, such notice shall be deemed to be delivered when deposited in
the United States mail addressed to the Member at his address as it appears on the records of the
Association, with postage thereon prepaid. Such notice shall also be posted in a conspicuous
place in the Condominium, such as on a notice board outside the principal office of the
Association, and such notice shall be deemed to be delivered to any Member upon such posting if
such Member has not furnished an address for mailing of notice to the Association. If the
Association maintains a website, all notices and agendas shall be posted on the website. If
electronic notice is available, notice of all regular and special meetings shall be sent
electronically to all Members who so request and who furnish the Association with their
electronic mail addresses, as soon as possible but at least twenty-four (24) hours before a
meeting.
4.7 Proxies. A Member entitled to vote may vote in person or by proxy executed in
writing by the Member or his duly authorized attorney -in -fact and fled with the Secretary prior to
the time the proxy is exercised. Any proxy may be revoked, prior to the time the proxy is exercised,
by a Member in person at a meeting or by revocation in writing fled with the Secretary. A proxy
shall automatically cease upon the conveyance by a Member of the Unit of the Member and the
transfer of the Membership on the books of the Association. No proxy shall be valid after eleven
(11) months from the date of its execution unless otherwise provided in the proxy and no proxy shall
be valid in any event for more than three (3) years after its date of execution. Any form of proxy
furnished or solicited by the Association and any form of written ballot furnished by the Association
shall afford an opportunity thereon for Members to specify a choice between approval and
disapproval of each matter or group of related matters which is known at the time the form of proxy
or written ballot is prepared, may come before the meeting and shall provide, subject to reasonably
specified conditions, that if a Member specifies a choice with respect to any such matter, the vote
shall be cast in accordance therewith.
4.8 Quorum at Members' Meetings. All regular and special meetings of the Members
must be open to attendance by all Members. Upon the request of one or more Members, a vote on
any matter affecting the Condominium in regard to which all Members are entitled to vote must be
by secret ballot. Except as may be otherwise provided in the Declaration, the Articles of
Incorporation or these Bylaws, the presence, in person or by proxy, of Members entitled to cast a
majority of the votes of all Members shall constitute a quorum at any meeting of such Members.
Members present in person or by proxy at a duly organized meeting may continue to transact
business until adjournment, notwithstanding the withdrawal of a Member so as to leave less than a
quorum. If the required quorum is not present in person or by proxy at any meeting of Members,
another meeting may be called, subject to the notice requirements herein above specified, in order to
achieve the required quorum.
4.9 Adiournment of Members' Meetings. A majority of those Members present in person
at any meeting may adjourn the meeting from time to time, whether or not a quorum shall be present
in person or by proxy, without notice other than announcement at the meeting, for a total period or
periods not to exceed thirty (30) days after the date set for the original meeting. At any adjourned
meeting which is held without notice other than announcement at the meeting, the quorum
requirement shall not be reduced or changed, but if the originally required quorum is present in
person or by proxy, any business may be transacted which might have been transacted at the meeting
as originally called.
11
4.10 Vote Required at Members' Meetings. At any meeting if a quorum is present, a
majority of the votes present in person or by proxy and entitled to be cast on a matter shall be
necessary for the adoption of the matter, unless otherwise required by law, the Declaration, the
Articles of Incorporation or these Bylaws, except that in the case of elections in which there are more
than two (2) candidates the person receiving the highest number of votes cast shall be elected.
4.11 Cumulative Voting Not Permitted. Cumulative voting by Members in the election of
Directors shall not be permitted.
4.12 Order of Business. The order of business at any meeting of Members shall be as
follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of
meeting or waiver or notice; (c) election of Directors (at annual meetings or special meetings held for
such purpose); and (d) any other Association business.
4.13 Expenses of Meetings. The Association shall bear the expenses of all meetings of
Members.
4.14 Waiver of Notice. A waiver of notice of any meeting of Members, signed by a
Member, whether before or after the meeting, shall be equivalent to the giving of notice of the
meeting to such Member. Attendance of a Member at a meeting, either in person or by proxy, shall
constitute waiver of notice of such meeting except when the Member attends for the express purpose
of objecting to the transaction of business because the meeting is not lawfully called or convened.
4.15 Action of Members Without a Meeting. Any action required to be taken or which
may be taken at a meeting of Members may be taken without a meeting if consent, in writing, setting
forth the action so taken, shall be signed by all of the Members entitled to vote with respect to the
subject matter thereof.
4.16 Electronic Meetings. Member meetings may be held by telephone, video conference,
real time internet conference or other similar electronic communication provided that all Members
present at the meeting have two way communications during the meeting.
ARTICLE V
BOARD OF DIRECTORS
5.1 General Powers and Duties of Board of Directors. The Board of Directors shall have
the duty to manage and supervise the affairs of the Association and shall have all powers necessary
or desirable to permit it to do so. Without limiting the generality of the foregoing, the Board of
Directors shall have the power to exercise or cause to be exercised for the Association, all of the
powers, rights and authority of the Association not reserved to Members in the Declaration, the
Articles of Incorporation, these Bylaws, CRNCA or CCIOA, as the same may be amended from time
to time. For purposes of CCIOA and these Bylaws, the Board of Directors is synonymous with the
Executive Board of Directors.
5.2 Special Powers and Duties of Board of Directors. Without limiting the foregoing
statement of general powers and duties of the Board of Directors or the powers and duties of the
Board of Directors as set forth in the Declaration, the Board of Directors of the Association shall be
vested with and responsible for the following specific powers and duties:
(a) Assessments. The duty to fix and levy from time to time General
Assessments, Special Assessments, Default Assessments and other charges upon the Members of the
Association as provided in the Declaration; to determine and fix the due date for the payment of such
Assessments and the date upon which the same shall become delinquent; and to enforce the payment
of such delinquent Assessments as provided in the Declaration;
(b) Taxes. The duty to pay all taxes and Assessments levied upon the Association
Property and all taxes and Assessments payable by the Association. The Board of Directors shall
also have the power to contest any such taxes or Assessments in accordance with the provisions
contained in the Declaration.
(c) Insurance. The duty to contract and pay premiums for fire and casualty,
liability and other insurance in accordance with the provisions of the Declaration;
(d) Common Area. The duty to manage and care for the Common Elements, to
employ personnel necessary for the care and operation of the Common Elements and to contract and
pay for necessary Improvements on property owned by the Association;
(e) Agents and Employees. Subject to applicable employment laws, the power to
select, appoint and remove all officers, agents and employees of the Association and to prescribe
such powers and duties for them as may be consistent with law, with the Articles of Incorporation,
the Declaration and these Bylaws; and to fix their compensation and to require from them security
for faithful service as deemed advisable by the Board of Directors;
(f) Borrowing. The power, with the approval of the Members representing at
least sixty-seven (67%) of the voting power of the Association, to borrow money and to incur
indebtedness for the purpose of the Association, and to cause to be executed and delivered therefor,
in the Association's name, promissory notes, bonds, debentures, mortgages, pledges, hypothecations
or other evidences of debt and securities therefor;
(g) Enforcement. The power to enforce the provisions of the Declaration, the
Rules and Regulations of the Association, these Bylaws or other agreements of the Association;
(h) Delegation of Powers. The power to delegate its powers according to law
including, for example, the power to establish executive committees; and
(i) Rules and Regulations. The power to adopt such Rules and Regulations with
respect to the interpretation and implementation of the Declaration, use of Common Elements and
use of any property within the Condominium, including Units; provided, however, that such Rules
G7
and Regulations shall be enforceable only to the extent that they are consistent with the Declaration,
the Articles of Incorporation and these Bylaws.
5.3 Qualifications of Directors. A Director must be an Owner of a Unit within the
Condominium or, if the Owner of any such Unit is a partnership, corporation, limited liability
company or other entity, must be a designated representative of such partnership, corporation,
limited liability company or other entity. If a Director conveys or transfers title to his Unit, or if a
Director who is a designated representative of a partnership, corporation, limited liability company or
other entity ceases to be such designated representative, or if the partnership, corporation, limited
liability company or other entity of which a Director is a designated representative transfers title to
its Unit, such Director's term as Director shall immediately terminate and a new Director shall be
appointed by the remaining Directors (see Section 5.8) as promptly as possible to take such
Director's place. A Director may be re-elected and there shall be no limit on the number of terms a
Director may serve.
5.4 Appointment and Election of Directors. Notwithstanding any other provision
contained herein:
(a) Prior to the time Members, other than Declarant, own twenty-five percent
(25%) of the Units, all Directors shall be appointed by Declarant. All Directors appointed by
Declarant shall be subject to removal at any time and from time to time, by Declarant, in its sole and
absolute discretion.
(b) Subject to the terms and conditions of Sections 5.4(c) and (d) below, but
notwithstanding anything else to the contrary contained in these Bylaws or in any other Association
Document, Declarant shall have the exclusive right to appoint and remove all Directors during the
Declarant Control Period. The phrase "Declarant Control Period" means the period commencing on
the date on which Declarant forms the Association and ending on the earliest to occur of: (i) the date
that is sixty (60) days after conveyance to Purchasers of 75 percent (75%) of the maximum number
of Units that may be created by Declarant under the Declaration; (ii) the date that is two (2) years
after the last conveyance of a Unit by Declarant or a Successor Declarant in the ordinary course of
business; or (iii) when, in its discretion, Declarant so determines.
(c) Declarant may voluntarily surrender its right to appoint and remove Directors
prior to the expiration of the Declarant Control Period, but, in that event, Declarant may require, for
the remainder of the Declarant Control Period, that specific actions of the Association or the Board
of Directors, as described in a recorded instrument executed by Declarant, be approved by the
Declarant before they become effective.
(d) Notwithstanding anything to the contrary contained in Section 5.4(b) above,
not later than sixty (60) days after the conveyance of twenty-five percent (25%) of the Units that may
be created under the Declaration to Purchasers, at least twenty-five percent (25%) of the then number
of Directors shall be elected by Owners other than Declarant, and not later than sixty (60) days after
the conveyance of fifty percent (50%) of the Units that may be created under the Declaration to
7
Purchasers, at least thirty-three and one third percent (33 1/3%) of the Members of the Board of
Directors must be elected by Owners other than Declarant.
(e) During the thirty (30) day period immediately preceding the date on which the
Declarant Control Period expires, the Association shall call a special meeting at which time the
Members, including Declarant, if Declarant is the owner of any Units, shall elect all three (3)
Directors, at least a majority of whom must be Owners other than Declarant or designated
representatives of Owners other than Declarant. The Directors elected by the Members, including
Declarant, shall serve until the first annual meeting following the termination of the Declarant
Control Period. If such annual meeting occurs within thirty (30) days after termination of the
Declarant Control Period, this subparagraph shall not apply and Directors shall be elected in
accordance with Paragraph 5.5 below.
(f) The number of Directors may be increased by a vote of a majority of the
Owners.
(g) Votes for Directors must be taken by secret ballot. Ballots shall be counted by
a neutral third party or by a Member who is not a candidate, who attends the meeting at which the
vote is held, and who is selected at random from a pool of two (2) or more Members. The results of
the vote shall be reported without reference to names, addresses, or other identifying information.
5.5 Term of Office of Directors. The initial Directors named in the Articles of
Incorporation shall hold office until the first annual meeting of Members. At the first annual meeting
of the Members after termination of the Declarant's Control Period, the three (3) Directors shall be
elected as follows: Directors shall be elected by the Members, including Declarant, if Declarant is the
owner of any Unit in the Community Area. Two (2) Directors shall be elected for a term of two (2)
years, and one (1) Director shall be elected for a term of one (1) year. At the expiration of the initial
term of office of each member of the Board of Directors and at each annual meeting thereafter, a
successor shall be elected to serve for a term of two (2) years.
5.6 Removal of Directors. At any meeting of the Members, the notice of which indicates
such purpose, the Owners by a sixty-seven percent (67%) vote of all Owners represented and entitled
to vote at any meeting at which a quorum is present, may remove any Director, with or without
cause, other than a Director appointed by Declarant during the Declarant Control Period.
5.7 Resignation of Directors. Any Director may resign at any time by giving written
notice to the President, to the Secretary or to the Board of Directors at the registered office stating the
effective date of such resignation. Acceptance of such resignation shall not be necessary to make the
resignation effective.
5.8 Vacancies in Directors. Any vacancy occurring in the Board of Directors shall, unless
filled in accordance with Section 5.6, be filled by the appointment by the unanimous vote of the
remaining Directors. The person so appointed shall serve until the next annual or a special meeting
of Members whereby the Owners of Units shall vote to fill the vacancy. A Directorship to be filled
by reason of an increase in the number of Directors shall be filled only by vote of the Members
s 0
except as otherwise provided in Section 5.4 for those positions to be appointed by Declarant during
the Declarant Control Period.
5.9 Executive Committee. The Board of Directors, by resolution adopted by a majority of
the Directors in office, may designate and appoint an Executive Committee, which shall consist of at
least one (1) Director which, unless otherwise provided in such resolution, shall have and exercise all
the authority of the Board of Directors except authority with respect to those matters specified in
CRNCA as matters which such committee may not have and exercise the authority of the Board of
Directors.
5.10 Other Committees of Association. The Board of Directors, by resolution adopted by a
majority of the Directors in office, may designate and appoint one (1) or more other committees,
which may consist of or include Members who are not Directors. Any such committee shall have
and exercise such authority as shall be specified in the resolution creating such committee except that
only a committee which consists of two (2) or more Directors may exercise such authority as can
only be exercised by the Board of Directors.
5.11 General Provisions Applicable to Committees. The designation and appointment of
any committee and the delegation thereto of authority shall not operate to relieve the Board of
Directors, or any individual Director, of any responsibility imposed upon it or him by law. The
provisions of these Bylaws with respect to notice of meeting, waiver of notice, quorums,
adjournments, vote required and action by consent applicable to meetings of Directors shall be
applicable to meetings of committees of the Board of Directors.
5.12 Manager or Managing Agent. The Board of Directors, by resolution adopted by a
majority of the Directors in office, shall, at any time at or prior to, or as soon as reasonably possible
after, the first annual meeting of the Board of Directors, designate and appoint a manager or a
managing agent, or both. The extent of the authority of such manager or agent shall be determined
by the Directors in the resolution. Any such resolution may delegate all or substantially all of the
powers and duties of the Board of Directors to any such manager or managing agent but the Board of
Directors, in delegating powers and duties to any such manager or managing agent, shall not be
relieved of its responsibilities under the Declaration. If the Board of Directors delegates the powers
of the Board of Directors or the officers relating to collection, deposit, transfer, or disbursement of
Association funds to other persons or to a managing agent, (i) the other person or managing agents
shall maintain fidelity insurance coverage or a bond in an amount not less than fifty thousand dollars
($50,000) or such higher amount as the Board of Directors may require; (ii) the other person or
managing agent shall maintain all funds and accounts of the Association separate from the funds and
accounts of other associations managed by the other person or managing agent and shall maintain all
reserve accounts of each association so managed separate from the operational accounts of the
Association; and (iii) an annual accounting for Association funds and a financial statement shall be
prepared and presented to the Association by the managing agent, a public accountant, or a certified
public accountant.
ARTICLE VI
MEETING OF DIRECTORS
6.1 Place of Directors' Meetings. Meetings of the Board of Directors shall be held at the
principal office of the Association or at such other place, within or convenient to the Condominium,
as may be fixed by the Board of Directors and specified in the notice of the meeting.
6.2 Annual Meeting of Directors. Annual meetings of the Board of Directors shall be
held on the same date as, or within ten (10) days of, the annual meeting of Members. The business
to be conducted at the annual meeting of Directors shall consist of the appointment of officers of the
Association and the transaction of such other business as may properly come before the meeting. No
prior notice of the annual meeting of the Board of Directors shall be necessary if the meeting is held
on the same day and at the same place as the annual meeting of Members at which the Board of
Directors is elected or if the time and place of the annual meeting of the Board of Directors is
announced at the annual meeting of such Members.
6.3 Other Regular Meetings of Directors. The Board of Directors shall hold regular
meetings at least semi-annually and may, by resolution, establish in advance the times and places for
such regular meetings. No prior notice of any regular meetings need be given after establishment of
the times and places thereof by such resolution.
6.4 Special Meetings of Directors. Special meetings of the Board of Directors may be
called by the President or any two (2) members of the Board of Directors.
6.5 Notice of Directors' Meetings. In the case of all meetings of Directors for which
notice is required, notice stating the place, day and hour of the meeting shall be delivered not less
than three nor more than fifty (50) days before the date of the meeting, by mail, telegraph, telephone
or personally, by or at the direction of the persons calling the meeting, to each member of the Board
of Directors. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second
business day after it is deposited in the mail addressed to the Director at his home or business
address as either appears on the records of the Association, with postage thereon prepaid. If
telegraphed, such notice shall be deemed delivered at 5:00 p.m. on the next calendar day after it is
deposited in a telegraph office addressed to the Director at either such address, with all charges
thereon prepaid. If by telephone, such notice shall be deemed to be delivered when given by
telephone to the Director or to any person answering the phone who sounds competent and mature at
his home or business phone number as either appears on the records of the Association. If given
personally, such notice shall be deemed to be delivered upon delivery or a copy of a written notice to,
or upon verbally advising, the Director or some person who appears competent and mature at his
home or business address as either appears on the records of the Association. Neither the business to
be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be
specified in the notice or waiver of such meeting.
6.6 Proxies. A Director shall be entitled to vote by proxy at any meeting of Directors.
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6.7 Quorum of Directors. A majority of the number of Directors fixed in these Bylaws
shall constitute a quorum for the transaction of business.
6.8 Adjournment of Directors' Meetings. A majority of the Directors present at any
meeting of Directors may adjourn the meeting from time to time, whether or not a quorum shall be
present, without notice other than an announcement at the meeting, for a total period or periods not
to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held
without notice other than announcement at the meeting, the quorum requirement shall not be reduced
or changed, but if the originally required quorum is present, any business may be transacted which
may have been transacted at the meeting as originally called.
6.9 Vote Required at Directors' Meeting. At any meeting of the Directors, if a quorum is
present, a majority of the votes present in person and entitled to be cast on a matter shall be
necessary for the adoption of the matter, unless a greater proportion is required by law, the
Declaration, the Articles of Incorporation or these Bylaws.
6.10 Order of Business. The order of business at all meetings of Directors shall be as
follows: (a) roll call; (b) proof of notice of meeting or waiver of notice; (c) reports of officers; (d)
reports of committees; (e) unfinished business; and (f) new business.
6.11 Officers at Meetings. The President shall act as chairman and the Board of Directors
shall elect a Director to act as secretary at all meetings of Directors. In the absence of the President
or Secretary, the Directors may select from the Directors present at the meeting the persons to act as
chairman and secretary for the meeting.
6.12 Waiver of Notice. A waiver of notice of any meeting of the Board of Directors,
signed by a Director, whether before or after the meeting, shall be equivalent to the giving of notice
of the meeting to such Director. Attendance of a Director at a meeting in person shall constitute
waiver of notice of such meeting except when the Director attends for the express purpose of
objecting to the transaction of business because the meeting is not lawfully called or convened.
6.13 Electronic Meetings. Directors meetings may be held by telephone, video conference,
real time internet conference or other similar electronic communication provided that all Directors
consent to the forum of the communication and have, during the course of the meeting, two-way
communications with all Directors present at the meeting.
6.14 Action of Directors Without a Meeting. Any action required to be taken or which
may be taken at a meeting of Directors, may be taken without a meeting if consent in writing,
setting forth the action so taken, shall be signed by all of the Directors. In addition, any action
required to be taken or which may be taken at a meeting of Directors, may be taken without a
meeting if a written notice of the action proposed to be taken is sent to all Directors in
accordance with Section 6.5, which notice shall state the date by which a Director must respond
to the notice and, thereafter, each Director votes, in writing, for or against the proposed action or
abstains, or fails to respond and no Director demands a meeting to consider the proposed action.
6.15 Executive Meetings. The Directors or any committee thereof may hold an
executive or closed -door session and may restrict attendance to Directors or committee members
and other persons requested by the Directors or committee. The matters to be discussed at an
executive session, however, may only include the following:
(a) Matters pertaining to employees of the Association or the managing agent's
contract or involving the employment, promotion, discipline, or dismissal of an
officer, agent or employee of the Association.
(b) Consultation with legal counsel concerning disputes that are the subject of
pending or imminent court proceedings or matters that are privileged or
confidential.
(c) Investigative proceedings concerning possible or actual criminal misconduct.
(d) Matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting particular proceedings or matters from public disclosure.
(e) Any matter, the disclosure of which would constitute an unwarranted invasion of
individual privacy.
(f) Review of or discussion relating to any written or oral communication from legal
counsel.
Prior to the convening of an executive session, the Directors or committee must announce the
general matter of discussion as enumerated in the above paragraphs. No rule or regulation of the
Directors or committee thereof shall be adopted during an executive session. A rule or regulation
may be validly adopted only during a regular or special meeting, or after the body goes back into
regular session following an executive session. The minutes of all meetings at which an executive
session was held shall state that an executive session was held and the general subject matter of the
executive session.
6.16 Conflict of Interest. If any contract, decision or other action taken by or on behalf of
the Directors would benefit any Director or any person who is a parent, grandparent, spouse, child, or
sibling of a Director or a parent or spouse of any of those persons, that Director shall declare a
conflict of interest for that issue. The Director must declare this conflict in open meeting, prior to
any discussion or action on the issue. After making this declaration, the Director may participate in
the discussion but shall not vote on the issue. Any contract entered into in violation of this provision
shall be unenforceable.
ARTICLE VII
OFFICERS
7.1 Officers, Employees and Agents. The officers of the Association shall consist of a
President, a Secretary, a Treasurer and such other officers, assistant officers, employees and agents as
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may be deemed necessary by the Board of Directors. Officers other than the President need not be
Directors. The same person may simultaneously hold more than one (1) office.
7.2 Appointment and Term of Office of Officers. The officers shall be appointed by the
Board of Directors at the annual meeting of the Board of Directors and shall hold office, subject to
the pleasure of the Board of Directors, until the next annual meeting of the Board of Directors or
until their successors are appointed, whichever is later, unless the officer resigns, or is removed
earlier.
7.3 Removal of Officers. Any officer, employee or agent may be removed by the Board
of Directors, with or without cause, whenever in the Board of Directors of Director's judgment the
best interests of the Association will be served thereby. The removal of an officer, employee or
agent shall be without prejudice to the contract rights, if any, of the officer, employee or agent so
removed. Election or appointment of an officer, employee or agent shall not of itself create contract
rights.
7.4 Resignation of Officers. Any officer may resign at any time by giving written notice
to the President, the Secretary or the Board of Directors of the Association stating the effective date
of such resignation. Acceptance of such resignation shall not be necessary to make the resignation
effective.
7.5 Vacancies in Officers. Any vacancy occurring in any position as an officer may be
filled by the Board of Directors. An officer appointed to fill a vacancy shall be appointed for the
unexpired term of his predecessor in office.
7.6 President. The President shall be a member of the Board of Directors and shall be the
principal executive officer of the Association and, subject to the control of the Board of Directors,
shall direct, supervise, coordinate and have general control over the affairs of the Association, and
shall have the powers generally attributable to the chief executive officer of a corporation. The
President shall preside at all meetings of the Board of Directors and of the Members of the
Association.
7.7 Vice Presidents. The Vice Presidents may act in place of the President in case of his
death, absence or inability to act, and shall perform such other duties and have such authority as is
from time to time delegated by the Board of Directors or by the President.
7.8 Secretary. The Secretary shall be the custodian of the records and the seal of the
Association and shall affix the seal to all documents requiring the same; shall see that all notices are
duly given in accordance with the provisions of these Bylaws and as required by law and that the
books, reports and other documents and records of the Association are properly kept and filed; shall
take or cause to be taken and shall keep minutes of the meetings of Members (and shall endeavor to
provide a copy of such minutes to the Members at or before the next meeting of Members), of the
Board of Directors and of committees of the Board of Directors; shall keep at the principal office of
the Association a record of the names and addresses of the Members; and, in general, shall perform
all duties incident to the office of Secretary and such other duties as may, from time to time, be
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assigned to him by the Board of Directors or by the President. The Board of Directors may appoint
one (1) or more Assistant Secretaries who may act in place of the Secretary in case of his death,
absence or inability to act.
7.9 Treasurer. The Treasurer shall have charge and custody of, and be responsible for, all
funds and securities of the Association; shall deposit all such funds in the name of the Association in
such depositories as shall be designated by the Board of Directors; shall keep correct and complete
financial records and books of account and records of financial transactions and condition of the
Association and shall submit such reports thereof as the Board of Directors may, from time to time,
require; shall arrange for the annual report required under Section 9.4 of these Bylaws; and, in
general, shall perform all the duties incident to the office of Treasurer and such other duties as may
from time to time be assigned to him by the Board of Directors or by the President. The Board of
Directors may appoint one (1) or more Assistant Treasurers who may act in place of the Treasurer in
case of his death, absence or inability to act. Upon approval by the Board of Directors, the Treasurer
may engage the services of a third party to keep the financial books and records of the Association.
7.10 Bonds. The Association may require fidelity bonds covering officers or other persons
handling funds of the Association. The Association shall pay the premiums for such bonds.
ARTICLE VIII
INDEMNIFICATION OF OFFICIALS AND AGENTS
8.1 Certain Definitions. A "Corporate Official" shall mean any Director or officer, as
hereinafter defined, and any former Director or officer of the Association. "Corporate Employee"
shall mean any employee and any former employee of the Association. "Expenses" shall mean all
costs and expenses, including attorneys' fees, liabilities, obligations, judgments and any amounts
paid in reasonable settlement of a Proceeding. "Proceeding" shall mean any claim, action, suit or
proceeding, whether threatened, pending or completed, and shall include appeals.
8.2 Right of Indemnification. The Association shall indemnify any Corporate Official
and any Corporate Employee against any and all Expenses actually and necessarily incurred by or
imposed upon him to the fullest extent required or permitted by law. The right of indemnification
shall not extend to any matter as to which such indemnification would not be lawful under the laws
of the State of Colorado.
(a) Standards of Conduct. The Association shall indemnify any Corporate
Official and any Corporate Employee against liability incurred in or as a result of the Proceeding if
the Corporate Official or Corporate Employee: (i) conducted himself or herself in good faith; (ii)
reasonably believed (A) in the case of a Director acting in his or her official capacity, that his or her
conduct was in the Association's best interests, or (B) in all other cases, that the Corporate Official's
or Corporate Employee's conduct was at least not opposed to the Association's best interests; and
(iii) in the case of any criminal Proceeding, the Corporate Official and Corporate Employee had no
reasonable cause to believe his or her conduct was unlawful.
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(b) Settlement. The termination of any Proceeding by judgment, order, settlement
or conviction, or upon a plea of nolo contendere or its equivalent, is not of itself determinative that
the Corporate Official or Corporate Employee did not meet the applicable standards of conduct as set
forth in Subsection 8.2(a).
8.3 Indemnification Prohibited. The right of indemnification shall not extend to matters
as to which the Corporate Official or Corporate Employee: (i) has been adjudged liable for gross
negligence or willful misconduct in the performance of the Corporate Official's or Corporate
Employee's duty to the Association, or (ii) in connection with any Proceeding charging improper
personal benefit to such Corporate Official or Corporate Employee, in which the party was adjudged
liable on the basis that personal benefit was improperly received by such Corporate Official or
Corporate Employee (even if the Association was not thereby damaged). Notwithstanding the
foregoing, the Association shall indemnify such Corporate Official or Corporate Employee if and to
the extent required by the court conducting the Proceeding, or any other court of competent
jurisdiction to which such Corporate Official or Corporate Employee has applied, if it is determined
by such court, upon application by such Corporate Official or Corporate Employee, that despite the
adjudication of liability in the circumstances in clauses (i) and (ii) of this Subsection 8.3 or whether
or not the party met the applicable standards of conduct set forth in Subsection 8.2(a), and in view of
all relevant circumstances, the Corporate Official or Corporate Employee is fairly and reasonably
entitled to indemnification for such expenses as the court deems proper in accordance with CRNCA.
8.4 Prior Authorization Required. Any indemnification under Section 8.2 (unless ordered
by a court or in accordance with Section 8.5 below) shall be made by the Association only if
authorized in the specific case after a determination has been made that the Corporate Official or
Corporate Employee is eligible for indemnification in the circumstances because such Corporate
Official or Corporate Employee has met the applicable standards of conduct set forth in Subsection
8.2(a) and after an evaluation has been made as to the reasonableness of the Expenses. Any such
determination, evaluation and authorization shall be made by the Board of Directors by a majority
vote of a quorum of such Board of Directors, which quorum shall consist of Directors not parties to
the Proceeding, or by such other person or body as permitted by law.
8.5 Success on Merits or Otherwise. Notwithstanding any other provision of this Article
8, the Association shall indemnify such Corporate Official or Corporate Employee to the extent that
such party has been successful, on the merits or otherwise, including, without limitation, dismissal
without prejudice or settlement without admission of liability, in defense of any Proceeding to which
the party was a party against Expenses incurred by such party in connection therewith.
8.6 Advancement of Expenses. The Association may, but shall not be obligated to, pay
for or reimburse the Expenses, or a portion thereof, incurred by a party in advance of the final
disposition of the Proceeding if (a) the party furnishes the Association a written affirmation of such
parry's good faith belief that he or she has met the standard of conduct described in Subsection
8.2(a)(i); (b) the party furnishes the Association a written undertaking, executed personally or on
behalf of such party, to repay the advance if it is ultimately determined that the party did not meet
such standard of conduct; and (c) authorization of payment and a determination that the facts then
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known to those making the determination would not preclude indemnification under this Article
have been made in the manner provided in Section 8.4. The undertaking required by clause (b) must
be an unlimited general obligation of the party, but need not be secured and may be accepted without
reference to financial ability to make repayment.
8.7 Payment Procedures. The Association shall promptly act upon any request for
indemnification, which request must be in writing and accompanied by the order of court or other
reasonably satisfactory evidence documenting disposition of the Proceeding in the case of
indemnification under Section 8.4, and by the written affirmation and undertaking to repay as
required by Section 8.5 in the case of indemnification under such Section 8.6. The right to
indemnification and advances granted by this Article shall be enforceable in any court of competent
jurisdiction if the Association denies the claim, in whole or in part, or if no disposition of such claim
is made within 90 days after written request for indemnification is made. A parry's Expenses
incurred in connection with successfully establishing such party's right to indemnification, in whole
or in part, in any such Proceeding shall also be paid by the Association.
8.8 Notification to Members. Any indemnification of or advance of Expenses to a
Director (but not to any other party) in accordance with this Article, if arising out of a Proceeding by
or on behalf of the Association, shall be reported in writing to the Members with or before the notice
of the next meeting of Members.
8.9 Authority to Insure. The Association may purchase and maintain liability insurance
on behalf of any Corporate Official or Corporate Employee against any liability asserted against him
and incurred by him as a Corporate Official or Corporate Employee or arising out of his status as
such, including liabilities for which a Corporate Official or Corporate Employee might not be
entitled to indemnification hereunder.
8.10 Right to Impose Conditions to Indemnification. The Association shall have the right
to impose, as conditions to any indemnification provided or permitted in this Article, such reasonable
requirements and conditions as may appear appropriate to the Board of Directors in each specific
case and circumstances, including, but not limited to, any one or more of the following: (a) that any
counsel representing the party to be indemnified in connection with the defense or settlement of any
Proceeding shall be counsel mutually agreeable to the party and to the Association; (b) that the
Association shall have the right, at its option, to assume and control the defense or settlement of any
Proceeding made, initiated, or threatened against the party to be indemnified; and (c) that the
Association shall be subrogated, to the extent of any payments made by way of indemnification, to
all of the indemnified party's right of recovery, and that the party to be indemnified shall execute all
writings and do everything necessary to assure such rights of subrogation to the Association.
8.11 Other Rights and Remedies. The indemnification provided by this Article shall be in
addition to any other rights which a party may have or hereafter acquire under any law, provision of
the Articles of Incorporation, any other or further provision of these Bylaws, vote of the Members or
Board of Directors, agreement or otherwise.
OR
8.12 Applicability Effect. The indemnification provided in this Article shall be applicable
to acts or omissions that occurred prior to the adoption of this Article shall continue as to any party
entitled to indemnification under this Article who has ceased to be a Director, officer or employee of
the Association. The repeal or amendment of this Article or of any Section or provision hereof that
would have the effect of limiting, qualifying or restricting any of the powers or rights of
indemnification provided or permitted in this Article shall not, solely by reason of such repeal or
amendment, eliminate, restrict or otherwise affect the right or power of the Association to indemnify
any person, or affect any rights of indemnification of such person, with respect to any acts or
omissions that occurred prior to such repeal or amendment. All rights to indemnification under this
Article shall be deemed to be provided by a contract between the Association and each party covered
hereby.
8.13 Indemnification of Agents. The Association shall have the right, but shall not be
obligated, to indemnify any agent of the Association not otherwise covered by this Article to the
fullest extent permissible by the laws of Colorado. Unless otherwise provided in any separate
indemnification arrangement, any such indemnification shall be made only as authorized in the
specific case and in the manner provided in Section 8.3.
8.14 Savings Clause: Limitation. If this Article or any Section or provision hereof shall be
invalidated by any court on any ground, or if CRNCA is amended in such a way as to affect this
Article, then the Association shall nevertheless indemnify each party otherwise entitled to
indemnification hereunder to the fullest extent permitted by law or any applicable provision of this
Article that shall not have been invalidated.
ARTICLE IX
MISCELLANEOUS
9.1 Amendment of Bylaws. The Board of Directors may alter, amend or repeal or adopt
new Bylaws at any time prior to the conveyance of the first Unit to an Owner other than Declarant.
Thereafter the Members shall have the exclusive power to alter, award or repeal the Bylaws. The
Members, at a meeting called for that purpose, shall have the sole power to alter, amend or repeal the
Bylaws and to adopt new Bylaws by a vote of at least sixty-seven percent (67%) of the votes present
at the meeting and entitled to vote hereunder, if a quorum is present. The Bylaws may contain any
provision for the regulation or management of the affairs of the Association not inconsistent with
law, the Declaration or the Articles of Incorporation. Notwithstanding anything to the contrary
contained herein and to the extent permitted by CRNCA, prior to the termination of the Declarant's
Control Period, these Bylaws shall not be amended without Declarant's prior written consent and
approval.
9.2 Compensation of Officers, Directors and Members. No Director shall have the right
to receive any compensation from the Association for serving as such Director except for
reimbursement of expenses as may be approved by resolution of disinterested members of the Board
of Directors. Officers, members of the Architectural Review Committee, agents and employees may
17
receive such reasonable compensation as may be approved by the Board of Directors. Appointment
of a person as an officer, agent or employee shall not, of itself, create any right to compensation.
9.3 Books and Records. The Association shall keep correct and complete books and
records of account; shall keep the minutes of the proceedings of its Members, its Board of Directors,
and any committee having any of the authority of the Board of Directors; and shall keep, at its
principal office in Colorado, a record of the names and addresses of its Members, and copies of the
Declaration, the Articles of Incorporation and these Bylaw. All books and records of the
Association, including the Articles of Incorporation, Bylaws as amended and minutes of meetings of
Members and Directors, may be inspected by any Member, or his agent or attorney, and any First
Mortgagee of a Member for any proper purpose at any reasonable time. The right of inspection shall
be subject to any reasonable rules adopted by the Board of Directors requiring advance notice of
inspection, specifying hours and days of the week during which inspection will be permitted and
establishing reasonable fees for any copies to be made or furnished. The Association may charge a
reasonable fee for copying such materials.
9.4 Annual Report. The Board of Directors shall cause to be prepared and distributed to
each Member and to each First Mortgagee who has filed a written request therefor, not later than
ninety (90) days after the close of each fiscal year of the Association containing (a) an income
statement reflecting income and expenditures of the Association for such fiscal year; (b) a balance
sheet as of the end of such fiscal year; (c) a statement of changes in financial position for such fiscal
year; and (d) a statement of the place of the principal office of the Association where the books and
records of the Association, including a list of names and addresses of current Members, may be
found.
9.5 Statement of Account. Upon payment of a reasonable fee to be determined by the
Association and upon written request of an Owner of a Unit or any person with any right, title or
interest in a Unit or intending to acquire any right, title or interest in a Unit, the Association shall
furnish, within ten (10) days after the receipt of such request, a written statement of account setting
forth the amount of unpaid Assessments, or other amounts, if any, due or accrued and then unpaid
with respect to the Unit, the Owner of the Unit, and Guests of such Owner and the amount of the
Assessments for the current fiscal period of the Association payable with respect to the Unit. Such
statement shall, with respect to the party to whom it is issued, be conclusive against the Association
and all parties, for all purposes, that no greater or other amounts were then due or accrued and unpaid
and that no other Assessments have then been levied.
9.6 Corporate Reports. The Association shall file with the Secretary of State of Colorado,
within the time prescribed by law, Corporate reports on the forms prescribed and furnished by the
Secretary of State and containing the information required by law and shall pay the fee for such filing
as prescribed by law.
9.7 Fiscal Year. The fiscal year of the Association shall begin on January 1 and end the
succeeding December 31 except that the first fiscal year shall begin on the date of incorporation. The
fiscal year may be changed by the Board of Directors without amending these Bylaws.
9.8 Seal. The Board of Directors may adopt a seal that shall have inscribed thereon the
name of the Association and the words "SEAL."
9.9 Shares of Stock and Dividends Prohibited. The Association shall not have or issue
shares of stock and no dividend shall be paid and no part of the income or profit of the Association
shall be distributed to its Members, Directors or officers. Notwithstanding the foregoing sentence,
the Association may issue certificates evidencing membership therein, may confer benefits upon its
Members in conformity with its purposes and, upon dissolution or final liquidation, may make
distributions as permitted by law, and no such payment, benefit or distribution shall be deemed to be
a dividend or distribution of income or profit.
9.10 Loans to Directors, Officers and Members Prohibited. No loan shall be made by the
Association to its Members, Directors or officers and any Director, officer or Member who assents to
or participates in the making of any such loan shall be liable to the Association for the amount of
such loan until the repayment thereof.
9.11 Limited Liability. As provided in the Declaration, the Association, the Board of
Directors, the Architectural Review Committee, Declarant, and any Member, agent or employee of
any of the same, shall not be liable to any Person for any action or for any failure to act if the action
taken or failure to act was in good faith and without malice.
9.12 Special Rights of First Mortgagees. Any First Mortgagee of a Mortgage encumbering
any Unit in the Condominium shall be entitled to the protections outlined in the Declaration.
9.13 Minutes and Presumptions Thereunder. Minutes or any similar record of the meetings
of Members or of the Board of Directors, when signed by the Secretary or acting Secretary of the
meeting, shall be presumed to truthfully evidence the matters set forth therein. A recitation in any
such minutes that notice of the meeting was properly given shall be prima facia evidence that the
notice was given.
9.14 Record of Mortgagees. Under the Declaration, First Mortgagees have certain rights.
Therefore, any such First Mortgagee or, upon the failure of such First Mortgagee, any Member who
has created or granted a First Mortgage, shall give written notice to the Association, through its
Manager, or through the Secretary in the event there is no Manager, which notice shall give the name
and address of the First Mortgagee and describe the Unit encumbered by the First Mortgage. The
Association shall maintain such information in a book entitled "Record of First Mortgages on Units."
Any such First Mortgagee or such Member shall likewise give written notice to the Association at
the time of release or discharge of any such First Mortgage.
9.15 Checks, Drafts, and Documents. All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued by the Association or payable to the
Association, shall be signed or endorsed by such person or persons, and in such manner as, from time
to time, shall be determined by resolution of the Board of Directors.
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9.16 Execution of Documents. The Board of Directors, except as these Bylaws otherwise
provide, may authorize any officer or officers, agent or agents, to enter into any contract or execute
any instrument in the name and on behalf of the Association, and such authority may be general or
confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent
or employee shall have any power or authority to bind the Association by contract or engagement or
to pledge its credit or to render it liable for any purpose or in any amount.
ARTICLE X
NOTICE AND HEARING PROCEDURE
10.1 Association's Enforcement Rights. In the event of an alleged violation by a Member
("Respondent") of the Declaration, these Bylaws or the Rules and Regulations of the Association,
the Board of Directors shall have the right, upon an affirmative vote of a majority of all Directors on
the Board of Directors, to take any one or more of the actions and to pursue one or more of the
remedies permitted under the provisions of the Declaration, these Bylaws or the Rules and
Regulations of the Association. If, under the provisions of the Declaration, these Bylaws, or such
Rules and Regulations, Notice and Hearing are required prior to taking action or pursuing remedies,
the following provisions of Article X of these Bylaws shall be applicable. The failure of the Board
of Directors or the Architectural Review Committee to enforce the Rules and Regulations of the
Association, these Bylaws or the Declaration shall not constitute a waiver of the right to enforce the
same thereafter. The remedies set forth and provided in the Declaration, the Rules and Regulations
of the Association or these Bylaws shall be cumulative and none shall be exclusive. However, any
individual Member must exhaust all available internal remedies of the Association prescribed by the
Declaration, these Bylaws and the Rules and Regulations of the Association, before that Member
may resort to a court of law for relief with respect to any alleged violation by another Member of the
Declaration, these Bylaws or the Rules and Regulations of the Association, provided that the
foregoing limitation pertaining to exhausting administrative remedies shall not apply to the Board of
Directors or to any Member where the complaint alleges nonpayment of Common Assessments,
Special Assessments, or Default Assessments.
10.2 Written Complaint. A Member may request that enforcement action under the
Declaration, the Rules and Regulations of the Association or these Bylaws be taken by the
Association against another Member or the Member's Guests. The request shall be initiated by any
Member by the filing with the President or the Board of Directors of the Association a written
complaint ("Complaint"). The Complaint shall contain a written statement of charges which shall
set forth in ordinary and concise language the acts or omissions with which the Respondent is
charged and a reference to the specific provisions of the Declaration, these Bylaws or the Rules and
Regulations of the Association which the Respondent is alleged to have violated.
10.3 Notice of Complaint and Notice of Defense. If the Board of Directors determines that
the Complaint is supported by substantial justification, a copy of the Complaint shall be served on
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each Respondent in accordance with the notice provisions set forth in the Declaration, together with
a statement that shall be substantially in the following form:
Unless a written request for a hearing signed by or on behalf of a person named as
Respondent in the accompanying Complaint is delivered or mailed to the Board of Directors
within 15 days after notice of the Complaint is served upon you, the Board of Directors may
proceed upon the Complaint without a hearing, and you will have thus waived your right to a
hearing. The request for a hearing may be made by delivering or mailing the enclosed form
entitled Notice of Defense to the Board of Directors at the address below.
You may, but need not, be represented by counsel at any or all stages of these proceedings. If
you desire the names and addresses of witnesses or an opportunity to inspect any relevant
writings or items on file in connection with this matter in the possession, custody or control
of the Board of Directors, you may contact:
Monarch on the Park Condominium Owners Association
Attn: Chairman of the Board of Directors
Colorado
A Respondent shall be entitled to a hearing on the merits of the matter if the Notice of Defense is
timely filed with the Board of Directors. A Respondent may file a separate statement by way of
mitigation, even if he does not file a Notice of Defense.
10.4 Tribunal. The President shall appoint a Hearing Committee ("Tribunal") of three (3)
natural Persons upon receipt of a written Complaint. In appointing the members of the Tribunal, the
President should make a good faith effort to avoid appointing next -door neighbors of the Respondent
or any Member of the Association who are essential witnesses to the alleged violation giving rise to
the Complaint. The decision of the President shall be final, except that each Respondent may
challenge any member of the Tribunal for cause, where a fair and impartial hearing cannot be
afforded, at any time prior to the taking of evidence at the hearing. In the event of such a challenge,
the Board of Directors shall meet to determine the sufficiency of the challenge, without the President
voting. If such a challenge is sustained, the President shall appoint another member to replace the
challenged member of the Tribunal. All decisions of the Board of Directors in this regard shall be
final. The Tribunal shall elect a Chairman and appoint a hearing officer who shall take evidence and
ensure that a proper record of all proceedings is maintained.
10.5 Notice of Hearing. The Tribunal shall serve a Notice of Hearing, as provided herein,
on all parties at least ten (10) days prior to the hearing, if such hearing is requested by a Respondent.
The hearing shall be held no sooner than thirty (30) days after the Complaint is mailed or delivered
to each Respondent. The Notice of Hearing to each Respondent shall be substantially in the
following form but may include other information:
101
"You are hereby notified that a hearing will be held before a Tribunal appointed by the
President of Monarch on the Park Condominium Owners Association, at
[address of the Association]
on the day of , 20 at the hour of , upon the
charges made in the Complaint served upon you. You may be present at the hearing, may but
need not be represented by counsel, may present any relevant evidence, and will be given full
opportunity to cross-examine all witnesses testifying against you. You are entitled to seek
the attendance of witnesses and to compel the production of books, documents or other items
in the possession of Monarch on the Park Condominium Owners Association by applying to
the Board of Directors of Monarch on the Park Condominium Owners Association."
10.6 Hearing.
(a) Oral evidence shall be taken only on oath or affirmation administered by a
member of the Tribunal. The use of affidavits and written interrogatories in lieu of oral testimony
shall be encouraged by the Tribunal.
(b) Each party shall have these rights: to call and examine witnesses; to introduce
exhibits; to cross-examine witnesses on any matter relevant to the issues; to impeach any witness;
and to rebut the evidence against such party. If Respondent does not testify in his own behalf, he
may be called and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on
which responsible Persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule that might make improper the admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions. The rules of privilege shall be effective
to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant
and unduly repetitive evidence shall be excluded.
(d) Neither the person filing the Complaint nor the Respondent must be in
attendance at the hearing. The hearing shall be open to attendance by any Members of the
Association to the extent of the permissible capacity of the hearing room.
(e) In rendering a decision, official notice may be taken at any time of any
provision of the Declaration, these Bylaws, the Rules and Regulations of the Association or any
generally understood matter within the working of the Association. Persons present at the hearing
shall be informed of the matters to be noticed by the Tribunal, and these matters shal l be made a part
of the record of proceedings.
22
(f) The Tribunal may grant continuances on a showing of good cause.
(g) Whenever the Tribunal has commence to hear the matter and a member of the
Tribunal is forced to withdraw prior to a final determination by the Tribunal, the remaining members
shall continue to hear the case and the hearing officer shall replace the withdrawing member.
10.7 Decision. If a Respondent fails to file a Notice of Defense as provided in Section
10.3 of these Bylaws, or fails to appear at a hearing, the Tribunal may take action based upon the
evidence presented to it without further notice to Respondent. However, the Respondent may make
any showing by way of mitigation. The Tribunal will prepare written findings of fact and
recommendations for consideration by the Board of Directors. The Tribunal shall make its
determination only in accordance with these Bylaws. After all testimony and documentary evidence
has been presented by the Tribunal, the Tribunal may vote by secret written ballot upon the matter,
with a majority of the entire Tribunal controlling. A copy of the findings and recommendations of
the Tribunal may be posted by the Board of Directors at a conspicuous place in the Condominium,
and a copy shall be served by the President on each Person directly involved in the matter and his
attorney, if any, in accordance with the notice provisions set forth in the Declaration. Disciplinary
action, levy of a Reimbursement Assessment or other action or remedies which require Notice and
Hearing under the Declaration, these Bylaws or the Rules and Regulations of the Association shall be
imposed only by the Board of Directors of the Association and in accordance with the findings and
recommendations of the Tribunal. The Board of Directors may adopt the recommendations of the
Tribunal in their entirety or the Board of Directors may reduce the proposed penalty and adopt the
balance of the recommendations. In no event shall the Board of Directors impose more stringent
enforcement action than recommended by the Tribunal. The decision of the Board of Directors shall
be in writing and shall be served upon each Respondent, unless otherwise ordered in writing by the
Board of Directors. The Board of Directors may order a reconsideration at any time within fifteen
(15) days following service of its decision on the involved persons, on its own motion or on petition
by any party. However, no action against a Respondent arising from the alleged violation shall take
effect prior to the expiration of the later of (a) fifteen (15) days after each Respondent's receipt of the
Notice of Hearing; or (b) five (5) days after the hearing required herein.
23
CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Monarch on the Park Condominium
Owners Association, a Colorado non-profit corporation ("Association"); and
2. The foregoing Bylaws, comprising 24 pages including this page, constitute the
Bylaws of the Association duly adopted at the meeting of the Board of Directors of the Association
duly held as of October 27, 2008.
In witness whereof, I have hereunto subscribed my hand and affixed the seal of the
Association as of this 27 h day of October 2008.
Susan Woolery, Secretary
24
Document processing fee
If document is filed on paper $125.00
If document is filed electronically $ 25.00
Fees & forms/cover sheets
are subject to change.
To file electronically, access instructions
for this form/cover sheet and other
information or print copies of filed
documents, visit www.sos.state.co.us
and select Business Center.
Paper documents must be typewritten or machine printed.
Colorado Secretary of State
Date and Time: 10/27/2008 07:53 PM
ID Number: 20081565807
Document number: 20081567508
Amount Paid: $25.00
Articles of Amendment
ABOVE SPACE FOR OFFICE USE ONLY
filed pursuant to §7-90-301, et seq. and §7-130-105 of the Colorado Revised Statutes (C.R.S.)
ID number 20081565807
1. Entity name Monarch on the Park Condominium Association
(If changing the name of the corporation, indicate name BEFORE the name change)
2. New Entity name
(if applicable) Monarch on the Park Condominium Owners Association
3. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ Other amendments are attached.
4. If the nonprofit corporation's period
of duration as amended is less than
perpetual, state the date on which the
period of duration expires
(mm/dd 5"y)
OR
If the nonprofit corporation's period of duration as amended is perpetual, mark this box 21
5. (Optional) Delayed effective date
(mm/dd/yyyy)
6. Additional information may be included pursuant to other organic statutes such as title 12, C.R.S. If
applicable, mark this box ❑ and include an attachment stating the additional information.
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
Rev.11/15/2005
1 of 2
•
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing Roos Les
(Gast) (First) (Middle) (suffix)
500 Golden Eagle Drive
(Street name and number or Post Office Box information)
Broomfield CO 80020
(City) (State) (Postal/Zip Code)
United States
(Province — if applicable) (Country — if not US)
(The document need not state the true name and address ofmore than one individual. However, ifyou wish to state the name and address
of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the
name and address ofsuch individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
Rev. I 1 / 15/2005
2 of 2
u
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
0
Colorado Secretary of State
" Date and Time: 10/27/2008 1 1:55 AM
ID Number: 20081565807
$50.00 Document number: 20081565807
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Incorporation for a Nonprofit Corporation
filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name for the nonprofit corporation is
Monarch on the Park Condominium Association
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the nonprofit corporation's initial principal office is
Street address 1201 Galapago Street
Suite 101
Denver
(City)
(Street number and name)
(Province - if applicable)
CO 80204
( tate (ZIP/Postal Code)
united' States
(Country)
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(City) (State)
(Province - if applicable) (Country)
(ZIP/Postal Code)
3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent
are
Name Roos Les
(if an individual)
(Last) (First) (Middle) (Suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name)
Street address 500 Golden Eagle Drive
(Street number and name)
Broomfield Co 80020
(City) (State) (ZIP Code)
ARTINC—NPC Page 1 of Rev.02/28/2008
0
Mailing address
(leave blank if same as street address)
(Street number and name or Post Office Box information)
(City)
CO
(State) (ZIP Code)
(The following statement is adopted by marking the box.)
❑✓ The person appointed as registered agent above has consented to being so appointed.
4. The true name and mailing address of the incorporator are
Name
(if an individual) Roos Les
(Last) (First)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
(Middle) (Suffix)
Mailing address 500 Golden Eagle Drive
(Street number and name or Post Off ce Box information)
Broomfield
CO 80020
(city) Unkei )States''' Postal Code)
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ The corporation has one or more additional incorporators and the name and mailing address of each
additional incorporator are stated in an attachment.
5. (If the following statement applies, adopt the statement by marking the box.)
❑✓ The nonprofit corporation will have voting members.
6. (The following statement is adopted by marking the box)
❑✓ Provisions regarding the distribution of assets on dissolution are included in an attachment.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑✓ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date)
(If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/)yyy hour: minute am/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
ARTINC—NPC Page 2 of 3 Rev. 02/28/2008
0
u
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Roos Les
(Last) (First) (Middle) (suffix)
500 Golden Eagle Drive
(Street number and name or Post Office Box information)
Broomfield CO 80020
(City) (State) (ZIP/Postal Code)
United States
(Province — if applicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTINC_NPC Page 3 of 3 Rev. 02/28/2008
0
•
Click the following links to view attachments
Attachment 1
Articles of Incorporation Attachment
•
CI
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Monarch on the Park Condominium Owners Association
is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied
with all applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 20081565807.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 10/23/2008 that have been posted, and by documents delivered to this office electronically
through 10/27/2008 @ 19:56:48.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @
19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 7213292.
14, k 4A.0--�
Secretary of State of the State of Colorado
******************************End of
Notice: A certificate issued electronically from the Colorado Secretary of Web site is fully and immediately valid and e(Jective. However
as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site, http:/,iviiiv.sos.state.co.us/bi_iCertifrcoteSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate. and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is no
necessary to the valid and effective issuance ofa certificate For more information, visit our Web site, http./Avwiv.sos.state.co. us/ click Business
Center and select "Frequently Asked Questions. "
CGRT GS D Revised 0812011008
11
E
elN OF ASPEN
HRETT PAID
DINE PEP NO-
tl 7-16 T' (? o 7��� c 6
Upon recording return to:
Les Roos
Cage Williams Abelman & Layden, P.C.
St. Elmo Building
1433 17th Street
Denver, CO 80202
CITY OF ASPEN
WRETT PAID
DATE REP NO.
115-71057 e 0-:1»6 6
General Warranty Deed
This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado
corporation ("Grantor"), and Limelite Redevelopment LLC, a Colorado limited liability
company ("Grantee").
WITNESSETH, that Grantor, for and in consideration of Ten and /100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and
assigns forever, all the real property, together with improvements, situate, lying and being
in Pitkin County, Colorado described as follows:
Lots A and B, Block 77, City and Townsite of Aspen, County of
Pitkin, State of Colorado and Lots C, D, E, F, G, H and I, Block 77,
City and Townsite of Aspen, County of Pitkin, State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anyway appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of Grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments, easements, rights of way and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described
with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for
itself, and its successors and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the ensealing and delivery of
these presents, it is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right,
full power and lawful authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind
or nature whatsoever, except real property taxes and assessments for the calendar year
2005 and subsequent years a lien not yet due and payable, reservations and exceptions as
set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk
and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trust securing a
promissory note in the original principal amount of Eight Million Three Hundred Thirty
Two Thousand Five Hundred and 00/100 U.S. Dollars ($8,332,500) payable to the order
of Wells Fargo Bank, National Association.
I:\L\L.-0623\002\DocsllLimel ixcSouthDeed01.13.05. doc
C
1 IIII I II lllll 111111 lllll 111 II III IIII IIII 01g�272 of 2
005 02 : 55
Illlll 11 l{ I I l i
SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 1560.00
0. •
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -
bargained premises in the quiet and peaceable possession of Grantee, its successors and
assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as
of the date set forth below.
GRANTOR:
Limelite, Inc., a Colorado corporation
By:
ale Paas, President
STATE OF COLORADO )
ss.
COUNTY OF �% )
The foregoing instrument was acknowledged before me this Z�Aday of January
2005, by Leroy Dale Paas, as President of Limelite, Inc., a Colorado corporation,
Grantor.
My c9mrrvssion expires:
[SEAL]
ROXANNE
DENISE
PAUUDES
09M2rM
1111111
Hill 1111111111111111111 111111111111111 Hill 1111111110 06424 02: ss
SILVIA DAVIS PITKIN COUNTY CO R 11.00 0 1500,00
1:\LU--0623\002\D�U.imeli reSomhDeed01.13.05.d.
File No: 06101303
Additional Reference No:
Commitment Revision: C3
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Regarding Property Address: Monarch on the Park
Condominium Regime
Aspen, CO
1. Effective Date: October 29, 2006 @ 7:00 am
Issue Date: October 13, 2006
2. Policy (or Policies) to be issued: POLICY AMOUNT
(a) 1992 ALTA OWNER'S POLICY
Proposed Insured:
(b) 1992 ALTA LOAN POLICY $32,900,000.00
Proposed Insured: U.S. Bank National Association
3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date, by
Limelite Redevelopment LLC, a Colorado limited liability company
4. The land referred to in the Commitment is described as follows:
SEE ATTACHED EXHIBIT "A"
Premiums
Construction Loan $21439.00
Issued at DENVER CO by: First National Title, LLC
4500 Cherry Creek Drive South #102
Glendale, CO 80246
jnCOCommitment - Schedule A This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached
File No: 06101303
Additional Reference No:
Commitment Revision: C3
EXHIBIT "A"
South Parcel, Limelight Subdivision/Planned Unit Development, as shown on plat recorded July 26, 2006 at Reception
No. 526850,
County of Pitkin, State of Colorado
FnCOCommitment - Schedule A This commitment is invalid unless the Insuring Page 2
Provisions and Schedule A and B are attached
File No: 06101303
Commitment Revision: C3
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
Effective Date: October 29, 2006, 7:00am
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or according to the mortgage to be insured.
(b) Pay us the premium, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be
signed, delivered and recorded:
Release of the Deed of Trust from Limelite Redevelopment, LLC for the use of Limelite, Inc. to secure
$6,750,000.00 dated January 12, 2005 and recorded January 27, 2005 at Reception No. 506428.
2. Partial Release of the Deed of Trust to Public Trustee, Security Agreement, Financing Statement, Assignment of
Leases and Rents and Fixture Filing from Limelite, Inc., a Colorado corporation and Limelite Redevelopment
LLC, a Colorado limited liability company to the Public Trustee of Pitkin County for the use of U.S. Bank
National Association to secure a principal sum of $10,500,000.00, dated February 17, 2006 and recorded February
22, 2006 at Reception No. 521060.
Warranty Deed from Limelite Redevelopment LLC, a Colorado limited liability company to Limelite, Inc., a
Colorado corporation sufficient to convey the fee simple estate or interest in the land described or referred to
herein.
Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein, to
the proposed insured, Schedule A, Item B.
Payment of all taxes and assessments now due and payable.
jhCOCormnitment - Schedule B - Section I This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached.
File No: 06101303
Commitment Revision: C3
Disclosure Pursuant to Colorado Revised Statues
Section 10-11-122
The subject real property may be located in special tax district:
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or
the County Treasurer's authorized agent;
Information regarding special districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder or the County Assessor.
Notice of Prospective owners required by
Colorado Insurance Regulation 3-5-1
When the company conducts the closing and is responsible for recording or filing the legal documents
resulting from the transaction, the Company shall be responsible for all matters which appear on the
record prior to such time of recording of filing.
Notice to prospective owners required by
Colorado Revised Statute 3-5-1-(VII)
Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of
Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued).
Additional Requirement will be added to the Commitment upon request of said coverage. Only upon
compliance of said requirements and approval from the Underwriter will said protection be given.
Notice of prospective owners required by
Colorado Revised Statute 10-11-123
Should be the title search and examination of the chain disclose a severance of the mineral estate from
the surface state the following will be added to Schedule B-2 exceptions:
A. That there is recorded evidence that mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that third party holds
some or all interest in oil, gas, other minerals, or geothermal energy in the property and
B. That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note: the underwriter must approve all requests for mineral protection on vacant or recently
improved land.
End of requirements
JhCOContmitment - Disclosure This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached.
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION II
EXCEPTIONS
Effective Date: October 29, 2006 @ 7:00am
Any policy we issue will have the following exceptions unless they are taken care of to our
satisfaction.
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are 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. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the
issuance thereof; water rights, claims or title to water.
6. Water rights, claims or title to water, whether or not shown by the public records.
7. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof, but
prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this commitment.
Any and all unpaid taxes, assessments and unredeemed tax sales.
10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent
for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216.
11. Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 by the Aspen City Council,
approving the Limelight Lodge Planned Development, and recorded on July 26, 2006 at
Reception No. 526847.
12. Subdivision/Planned Unit Development Agreement for Limelight Lodge
Subdivison/Planned Unit Development recorded July 26, 2006 at Reception No. 526848
13. Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July
File No: 06101303
26, 2006 at Reception No. 526850.
14. Note: The following item will be added to the policy when issued:
Pending disbursement of full proceeds of the loan secured by the mortgage covered by the
policy, this policy insures only to the extent of the amount actually disbursed, but
increases as each disbursement is made in good faith and without any actual knowledge of
any defects in, or objections to the title, up to the face amount of this policy. This policy
does not guarantee the completion of the improvements nor the sufficiency of funds for
the completion thereof.
Note: Upon payment of all taxes and assessments now due and payable, as shown in
Schedule B - Section 1, Exception 9 will be amended to read as follows:
"Taxes and assessments for the year 2006 and subsequent years, a lien, not yet due or
payable."
End of Exceptions
JhCOCommiimen-Schedule B-Section It This commitment is invalid unless the Insuring Page 1
Provisions and Schedule A and B are attached.
AUG, 26, 2006 9:50AiM PITRIN COUNTY TITILEL
• NO, 3914 P, 2
ORDINANCE NO. 1
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
LIMELIGHT LODGE FINAL PLANNED UNIT DEVELOPMENT AND
ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS
AND 15 RESIDENTIAL DWELLING UNITS ON THE LIMELITF LODGE,
DEEP POWDER LODGE, AND SNOWFLAKE INN PROPERTIES, DESCRIBED
AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-1 AND LOTS O-S,
BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A -I, BLOCK 77,
CITY OF ASPEN, PnXIN COUNTY, COLORADO.
Parcel No. 2737-182-19.001
Parcel No. 2737-131-05-001
Parcel No. 2 737182-18-60.1
Parcel No. 2737.073-42-001
WHEREAS, the Community Development Department received au application
from Limelite be. and Limelite Redevelopment LLC, owners, represented by Steve
Szymanski, requesting approval of a Final Planned Unit Development, Partial Alley
Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential
Design Standards Variances, Commercial Design Standard Variances, and Growth
Management Review, to construct 125 Iodge units and seventeen (17) free market
residential dwelling units on the properties desmbed as the easternmost 10 feet of Lot C,
Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A -I, BIock
77, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 64,000 total square
feet and are located in the Lodge Zone District; and,
WHEREAS, the Community Development Director has determined in
consultation with the Applicants that it world be appropriate for the review of all of the
land use requests associated with the final PUD application to be combined with the
review of the final PUD application to ensure clarity in the final decision pursumt to
Land Use Code Section 26.304.060(13x1), Combined reviews; and,
WHEREAS, purswmt to Land Use Code Section 26.445, Planned Uhit
Development, the City Council may approve, approve with conditions, or deny a Final
Planned Unit Development request during a duly noticed public hearing after taking and
considering comments from the general public, and recommendations from the Plmuing
and Zoning Commission, Community Development Director, and relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on ,December 6, 2005, the
Planning and Zoning Commission continued the review of the proposal to December 13,
2005; and,
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0 N0. '3914 P, 3
WHEREAS, during a duly noticed public hearing on December 13, 2005, the
Planning and Zoning Commission approved Resolution No. 38, Series of 2005, by a five
to zero (5-0) vote, recommending that City Council approve with conditions, the Limelight
Lodge imal PUD and associated land use actions to construct an incentive lodge consisting
of 125 lodge units and seventeen (17) free-market residential units; and,
WHEREAS, during a* duly noticed public hearing on January 23, 2006, the
Aspen City Council continued the review of the application to February 6`h; and,
WHEREAS, the Applicants submitted a revised proposal containing 125 lodge
units and fifteen (15) free-market residential units; and,
WHEREAS, during a continued public hearing on February 6, 2006, the Aspen
City Council approved Ordinance No. 1, Series of 2006, by a four to one (4-1) vote,
approving with conditions, the Limelight Lodge final PUD and associated land use actions
to construct an incentive Iodge consisting of 125 lodge units and fifteen (15) free-market
residential units; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral ' agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the. development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WHEREAS, the City Council finds that this Ordinance fiuthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, TNEREIFORE, BE rr OkDA1NED BY THE CITY COUN'CEL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Limelight Lodge Final PUD application.,
partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain
View Plane Review, Commercial Design Standard Variances, and Growth Management
Review to construct 125 lodge units and fifteen (15) free market residential dwelling
units on the properties described as the easternmost 10 feet of Lot C, Lots D-1 and trots
O-S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block 77, City and
Townsite of Aspen, subject to the conditions captained herein.
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Section 2: Rezoning to in ude a PUD Overla
Pursuant to the proeedums and standards set forth in City of Aspen Land Use Cody. Section
26.310, Amendments to the Latui Use Code and Official Zone District Map, City Council
hereby rezones the Limelite Lodge, Deep Powder Lodge, and Snowflake Inn properties to
include a PUD overlay.
Section 3: Subdivision UD Plat suid Agreement
The Applicants shall record a subdivision agreement that meets the requircruents of Land
Use Code Section 26,480 within 180 days of approval. Additionally, a final
Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's
Office within 180 days of the final approval and shall include the following:
a A final plat meeting the requirements of the City Engineer and showing: easements,
encroachment agreements and licenses (with the reception numbers) for Physical
improvements, and location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
c. A drawing representing the projects architectural character.
d. A final grading and drainage plan.
C. A final utility plan.
Section 4: Building Permit Anplieation
The building permit application shall include the following:
a, A copy of the final Ordinance and P&Z Resolution-
b. The conditions of approval printed on the cover page of the building permit set.
C. A complete tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which treee are to be removed and new plantings
proposed on the site -
el A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed Civil Engineer, which maintains sediment and
debris on -site during and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
A final construction management plan pursuant to the requirements described in
Section 6 of this ordinance.
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g. A fugitive dust control plan to be reviewed and approved by the Engineming
Department.
h. An excavation/stabilization plan prepared by a licensed $ngineer,
Section- : Dime sional Reguiretaents
The dimensional requirements established in this FUD are as follows:
Dimensional
PUD Dimensional
Requirement
Re uirements
Minimum Lot Size
6 000 SF
Minimum Lot Width
60 poet
Minimum Front Yard
0 Feet
Setback
Minimum Side Yard
0 Feet
Setback
Miniznuzn hear Yard
0 Feet
Setback
Maximum Height
Lodger 46 Feet for Primary Roof
Height, 50 Feet for limited accent
elements, elevators, mechanical
enclosures, eta.* Per Roof Height
Plan Presented at 2/6/06 City
Council Meeting
Residential; 42 Feet, measured
liom existing Bade and 46 feet
for elevator head enclosures,
fireplace flues, and vent
tetulioatians.' Per Roof HeigW
Plan Presented at 216/06 City
Council meetin .
Minimum Percent Open
77°% Maximum Site Coverage
Space
Allowable Extemml
2AI i
FAR
Minim= Off -Street
.4 Parking Spaces per Lodge Unit
Parking
2 parking Spaces per Residential
unit
Section _6t CuWC Metilon�Management
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Components of a Construction Management
Plan" handout that is available in the City of Aspen Building Department. The
construction management plan shall include at a minimum, a construction parking plan, a
construction staging and phasing plan, a construction worker transportation plan, a plan
for accepting major construction -related deliveries with estimated delivery schedule, the
designation of haul routes, and an agreement with the City to participate with other
neighboring developments tmder construction to limit the impacts of construction. This
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agreement shall be prepared by the developer and accepted by the Community
Development Director,
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
Requirements of the Colorado Smoking Vehicle Law. Any regulations regarding
construction management that may be adopted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed areas
(including haul routes, where necessary), perimeter silt fencing, as -needed cleaning of
adjacent right-of-ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of-way for construction
purposes, The Applicants shall not be allowed to close Monarch Street during
construction except when doing utility work in Monarch Street and constructing corner
bulb -outs.
The Applicants shall coordinate with the Roaring Fork Transit Agency (RF'TA) and the
City to schedule a closure of Monarch Street, Street closures concurrent with significant
public events in Wagner Park shall be avoided to the greatest extent possible. Street
closures of South Monarch Street and East Cooper Avenue shall be administered by the
City of Aspen Building Department subject to obtaining temporary encroachment
licenses.
The Applicants shall -also provide phone contact information for on -site project
management to address construction impacts to: The City of Aspen, the 210 E. Cooper
Condominiums, the park Central Condominiums, the Park Central West Condominiums,
and the Towne Place of Aspen Condominiums.
Seetion 7: Pre.Constiuction Meetipe
The Applicants shall conduct a pre -construction meeting with the City Community
Development Staff prior to submittal for a building pertnit application. This meeting
shall include the general contractor, the architect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, and the Community Development Department's case planner.
Section 8: Fire MWeation
The Applicants shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall in both the residential and lodge developments. The
water service line shall be sized appropriately to accommodate the required Fire Sprinkler
System. The Applicants' design team shalt meet with the Fire Marshall to formulate a
plan for fighting fires in the below -grade parking garage structures prior to building
permit submittal.
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AUG, 28. 2006 9:52AM
PITKIN COUNTY TITLE
NO. 3914 P. 7
Section 9: Water De w tmeat Requirements
The Applicants shall coiupiy with the City of Aspen Water System Standards. with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. The Applicants shall also eater into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential
unit shall have an individual water meter but the Applicants will be required to pay only
one tap fee for the residential unit building and one tap fee for the lodge building.
Seddon 10: Amen Consolidated Sanitation District Requirements
The Applicants shall comply with the Aspen Consolidated Sanitation Dis-trict's rules and
regulations. No clear water comiections (roof, foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be
installed in each of the parkiag garages, In addition, the driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand separator.
One tap to the main sanitary line is allowed for each of the buildings within the
development. No soil nails shall be allowed in the public right-of-way above ACSD
main sewer lines. The Applicants shall enter into a shared service line agreement.
Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated
Sanitation District,
Section 11: Sewer Line Relocation
The Applicants shall fund the relocation of the main sanitary sewer line that serves the
?rospector Lodge.
Sen 12: Transformer Relocation
The Applicants shall relocate the existing transformer onto their property. The location
for the transformer shall be approved by the Community Development Department prior
to installation. The Applicants shall dedicate an easement to allow for City Utility.
Personnel to access the relocated transformer for maintenance purposes.
Section 13: Deliverles In Block 76 Ally
There shall be no deliveries to the extent
remaining Block 76 alleyway.
practical to the Limelight Lodge via the
S20on 14. Lodge Employee Audit
An employee audit on the lodge component and residential component of the
development shalt be conducted aver two full fiscal years from the date of issuance of the
certificate of occupancy to verify that only 401~TEs are needed to operate the new lodge,
pursuant to the following terms:
a. The Applicants shall provide an up-to-date report on the current employees at the
time of anal plat.
b. The Applicants shall retain an auditor and shall gain prior approval from the
Housing Office Operations Manager for the selection of the auditor.
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c. The Applicants shall be fully responsible for all fees associated with retaining an
auditor,
d. The audit shall occur after two full fiscal years of operation.
Should the housing audit referenced above indicate that the new Limelight Lodge is
employing more than the forty (40) full-time employees (the Limclite Lodge, Deep
Powder Lodge, and Snowflake Irui to be demolished had 42 full-time employees after
consolidating ownership of the properties, of which 2 FTEs shall be credited to the free-
market residential component in order to lower its employee housing mitigation
requirement to 3.36 1-bedroom affordable housing units or cash-itl-lieu thereof) that are
anticipated to operate the new lodge, the Applicants shall return to the Housing Authority
under the following teruls:
a. The Applicants shall provide deed restricted, affordable housing or cash -in -lieu
thereof to mitigate for 30% of the additional employees above 40 full-time
employees.
b. The Applicants shall abide by the Aspen/Pitkin County Affordable Housing
Guidelines in effect at the tune of the audit.
C. The term employee shall include all full-time payroll and non -payroll employees
generated by the application.
d. Employee housing units or cash -in -lieu thereof equal to 3.36 1-bedroom units shall
be provided prior to requesting a final building inspection on any of the residential
or lodge units within the project.
Section 15: Deep Powder Relocation
The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of
the two (2) oldest deep powder cabins to a site provided by the City, The landing site of
the cabins shall be identified by the City in a timely manner to allow for the relocation of
the cabins on or around May 1, 2006, to accommodate the demolition plans of the
Applicants,
Section 16: Landseaping
The Applicants shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of-way landscaping and
irrigation without trenching under the roots of trees to be preserved to the extent possible. If
trenching is necessary it shall be done by hand. The plant shall also include a parkway
landscaping strip adjacent to all abutting public streets of at least five (5) feet in width.
Appropriate street tree plantings are required along all streets adjacent to the property.
The Applicants shall preserve the existing Cottonwood tree located on the comer of South
Morwo,h Street and East Hyman Avenue and the large Cottonwood tree that exists between
the Deep Powder Lodge and the Limelite South Building that were slated for removal in the
conceptual PUD application. Additiorially, the stand of large Spruce trees located to the
north of the existing Limelite South Building shall be thinned for health and preserved_ The
Applicants shall also install tree saving construction fences around the drip line of any
trees to be saved subject to the following provisions,
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a. The City Forester or his/her designee must inspect this fence before any
construction activities commence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic shall be allowed within the drip line.
The Applicants shall also remove the duce (3) conifers located adjacent to the proposed
parking garage entrance to the lodge building along East Hyman Avenue, A 2-year
maintenance bond shall be secured by the Applicants for any trees to be preserved in which
there will be'planned excavation within or adjacent to their driplines.
Section 17 Pedestrian Amenity
The Applicants are proposing to provide pedestrian amenity for 1% (approximately 550
square feet) of lot square footage. The Applicants shall pay a cash -in -lieu fee of providing
pedestrian amenity in the amount of S732,900 (15.208 SF which is 25% of 60,834 SF
property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF,
multiplied by S50 per square foot) prior to building permit issuance.
Section I& PM-10 Mitiention
The Applicants shall execute the following methods of PM-10 mitigation:
a. Sell the residential units with only one parking space per unit and require that
purchasers of a unit be required to purchase a second space as an additional cost.
b. Provide free RFTA bus passes to employees that live outside the City of Aspen.
C. Advertising to potential guests that a personal or rental car is not necessary due to
the extensive public transportation system,
Section 19: Corner Bulb -Outs
The corner bulb -outs shall contain tapered curb lines of 1S degrees leading into the confer
bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for
snow plowing purposes. Additionally, a street width of 28 feet, from the face of curb to the
face of curb, shall be maintained on South Monarch Street where the comer bulb -outs are
proposed.
Section 29. RJ%JL&of-Vyay Improvements
The Applicants shall reconstruct E Cooper Avenue between South Aspen Street and South
Monarch Street and split the drainage flows to South Aspen Street and Monarch Street.
Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and
resurrect the storm sewer inlet on the southeast comer of S. Aspen Street and E. Hyman
Avenue, the Applicants shall reconstruct the south half of E, Hyman Avenue. The
Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway
of Block 77. All of the improvements set forth in this section shall be made prior to
issuance of a certificate of occupancy on any part of the development,
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AUC, 28. 2006 9:540 PI N COUNTY TITLE
• NO.3914 P. 10
Section 21: Sidewalk, Curb and Gutter
Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be
constructed in the :fight-0f--way adjacent to all of the property subject to this development
Prior to issuance of a certificate of occupancy on any portion of the development. bn
Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be
replaced. The sidewalk locations shall be in substantially the same location as is depicted an
the site plan in the final PUD application submittal, The north -facing curbs shall be heated.
Section 22: Park Development Impact Fees
Park Develo meat Im act Fees shall be assessed at the Time of building permit issuance
on both the new residential bedrooms (including the affordable housing bedrooms) and
the lodging bedrooms to be added to the subject properties pursuant to Land Use Code
Section 26,610, Park Development Impact Fees, The Park Development Impact Fees
shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at
the time of building permit application.
Section 23: School Land Dedication Fees
School Land Dedication Fees shall be assessed on the proposal at the time of building
Permit issuance pursuant to Land Use Code Section 26,630, School Lands Dedication,
because subdivision approval is required for the development of the multi -family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
Section 24: Exterior Lighting
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26,575.150, Outdoor Lighting.
Section 25: Wildlift Trash Containers
The Applicants shall install a wildlife -proof trash container for the residential building
that meets the requirements of the Environmental Health Department, The Applicants
shall install a trash compactor for use of the lodge building to limit solid waste pick-ups
in the alleyway of Block 76.
Section 26: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Fnvironmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License,
Section 27: Poor and Spas
All design, installation, and maintenance of the pool and spa &.all comply with the Colorado
Department of health's "Swimming Pool and Mineral Bath Regulations", The A.m
Consolidated Sanitation District shall review and approve the drain size for the swi.tttming
pool facility prior to installation.
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AUG.28.2006 9:54AM PITKIN COUNTY TITLE NO.3914 P. 11
Section_ 28: Deyelopmentthning
The Applicants shall obtain a certificate of occupancy on all the lodge component of the
development prior to obtaining a certificate of occupancy on any of the residential units
within the development.
Sec ' u 29: Alley Vacation
The eastern 150 feet of the alleyway located in Block 76 of the City and Townsite, of
Aspen is hereby vacated subject to the following requirements;
a. Ownership and title to the lands so vacated shall vest as provided in and
by Section 43-2-302 of the Colorado Revised Statutes.
b. The City Clerk is hereby directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the Office of the Pitkin County Clerk
and Recorder,
G. The City Engineer is hereby directed, upon adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
d. The alley vacation is approved based on the finding that the vacation will
not leave any adjoining lands without a means of access over an
established public right-of-way coruiecdng such lands to an established
public street.
e. An alley vacation plat shall be filed and recorded at the Pitkin County
Clerk and Recorder's office in association with recording the final
subdivision plat and PUD plans.
Seca -on 3p:
This C)rdinatzce shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
shall amended as herein provided, and the same all be construed and concluded under such
prior ordinances,
Section 31;
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the rem nutg portions thereof.
Section 32:
All material representations and commitments made by the applicant pursuant to this
application, 'whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission,. or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
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AUG, 28. 2006 9:55AM P[TKIN COUNTY TITLE N0. 3914 P. 12
Section 33:
A public hearing on the ordinance was held on the 23rd day of January, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 6'h day of
February, 2006.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of January, 2006,
elen a demd, Mayor
Attest:
MALLY, adopted, passed and approved by a vote of four to one (4-1), this 6"' day of
February, 2006.
elen Attest: demd, Mayor
Approved as to form: II1I 11IIff 1IdIIItIlII+I II{I1Il1I1f 11I��1lI1 II 526847
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n P. orces r, City Attarney
•
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR
LIMELIGHT LODGE SUBDIVISIONIPLANNED UNIT DEVELOPMENT
THIS SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR
LIMELIGHT LODGE SUBDIVISION/PL D UNIT DEVELOPMENT (the "Agreement")
is made and entered into this,2L day of 2006, by and among THE CITY OF
ASPEN, COLOR -ADO, a Colorado muni ipai orporation (the "City") and LIMELITE
REDEVELOPMENT, LLC, a Colorado limited liability company and LIMELITE, INC., a
Colorado corporation (collectively, the "Owner").
WITNESSETH:
WHEREAS, Owner has submitted to City for approval, execution and recording final
PUD plans, as the same are defined and described below, for a real estate project within Aspen,
Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project");
and
WHEREAS, City has fully considered the Final PUD Plans, the proposed development
and improvement of the Project, and approved the project with conditions pursuant to Ordinance
No. 1, Series of 2006; and
WHEREAS, City has imposed certain conditions and requirements in connection with its
approval, execution and recordation of the Final PUD Plans, such matters being necessary to
protect, promote and enhance the public welfare; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perfoim
the conditions and requirements imposed by City in approving the Final PUD Plans; and
WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is
entitled to certain financial guarantees to ensure that required public and common private
improvements are installed, and Owner is prepared to provide such guarantees as hereinafter set
forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation
by City, and for other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
A. ZONING AND REGULATORY APPROVALS.
Pursuant to Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 and recorded
as Reception No % in the office of the Clerk and Recorder of Pitkin County,
Colorado (the "Ordinance"), the City approved all final land use approvals and granted a
development order for a site specific development plan for the Project subject to a vested
property right. The land use approvals granted by the Ordinance included final Planned United
Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD
1AlLlL0623%00ZPUD wpplicalionVinalLinx1ighl Subdivision PUD A;ttmxn107.05.Od.doc
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 221.00 D 0.00
Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances,
and Growth Management Review, to construct one hundred twenty five (125) lodge units and
fifteen (15) &ee market residential dwelling units, all subject to conditions of approval.
B. PROJECT DESCRIPTION.
The Project shall entail the redevelopment of land south of East Hyman Avenue, on the
north and south sides of East Cooper Avenue, to the West of Monarch Street and to the east of
Aspen Street, into a new lodge, free-market residential condominium units, and underground
parking (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed
dimensional requirements shall be as follows:
Dimensional
PUD Dimensional
Requirement
Requirements
Minimum Lot Size
6,000 SF
Minimum Lot Width
60 Feet
Minimum Front Yard
0 Feet
Setback
Minimum Side Yard
0 Feet
Setback
Minimum Rear Yard
0 Feet
Setback
Maximum Height
Lodge: 46 Feet for Primary Roof
Height, 50 Feet for limited accent
elements, elevators, mechanical
enclosures, etc." Per Roof Height
Plan Presented at 2/6/06 City
Council Meeting.
Residential: 42 Feet, measured
from existing grade and 46 feet
for elevator head enclosures,
fireplace flues, and vent
terminations.• Per Roof Height
Plan Presented at 2/6106 City
Council Meeting.
Minimum Percent Open
77% Maximum Site Coverage
Space
Allowable External
2.43:1
FAR
Minimum Off -Street
.4 Parking Spaces per Lodge Unit
Parking
2 Parking Spaces per Residential
Unit
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
C. PROJECT LMPROVEMENTS & GOVERNING DOCUMENTS.
1. Owner is required to install and construct specific physical improvements
("Improvements") as part of the Project in accordance with and pursuant to those final PUD
development plans (the "Final PUD Plans") that have been submitted by Owner to City, which
Final PUD Plans have been recorded at Reception No.1.1L f_170 in the Pitkin County real
estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Final PUD Plans consist of:
(a) The Final Subdivision Plat, the sheets of which set forth dedications, legal
descriptions, vacations, project boundaries, and partial vacation of an alley, among other
things.
(b) An Illustrative Site Plan, the sheets of which graphically depict the Project
and its various components;
(c) An Architectural Character Plan, the sheets of which depict the
architectural composition of the structures to be constructed as part of the Project;
(d) A Grading/Drainage Plan, the sheets of which depict all grading and
drainage system improvements within the Project;
(f) A Utility Plan, the sheets of which shall depict the water, sewer, gas,
electrical, cable, telephone and all other utilities and utility systems serving the Project;
and
(g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway
located in Block 76 of the City and Townsite of Aspen.
2. A construction schedule (the "Limelight Construction Activity and Traffic
Management Plan) related to construction and installation of the improvements set forth in the
above -described Final PUD Plans will be provided by Owner's general contractor for the Project,
R. A. Nelson & Associates.
3. Owner agrees to complete the landscaping and irrigation for the Project in
accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building
pennit application in accordance with Section 16 of the Ordinance, in as logical a sequence as
possible in relation to the completion of the Project improvements. Owner and its successors
and assigns shall thereafter be responsible for the maintenance of the Project landscaping.
D. FINANCIAL GUARANTEE.
In order to guarantee installation of the landscaping improvements described in the
Landscape Plan identified in Section C (3) above ("Landscaping Improvements") and
maintenance and replacement of the same for a period of one (1) year after installation, Owner
shall provide to the City a letter of credit, a letter from Owner's construction lender confirming
that funds are available to Owner in its construction loan for the purpose of insuring maintenance
of the Landscaping Improvements, or other security or financial institution confirmation of
JAL. L-0623\002\PUD Appiication%finslLimcliSht Subdivision PUD Ayroetn nt07.03.06.doc
•
adequate funds available to Owner in amount not less than one hundred twenty-five percent
(125%) of the estimated costs of the Landscaping Improvements as estimated by the City of
Aspen Parks Department, in form and substance reasonably acceptable to the City and from a
financially responsible lender. This letter of credit, letter from Owner's construction lender, or
other security or financial institution confirmation shall provide that the City will have the
unconditional right upon demand to partially or fully complete or pay for any Landscaping
Improvements or pay any outstanding bills, or to request payment upon demand to partially or
fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work
done in regard to thereto by any party.
As portions of the Landscaping Improvements are completed, the City of Aspen Parks
Department shall inspect these Landscaping Improvements against the approved Final PUD
Plans, and upon confirmation that these Landscaping Improvements have been installed in
accordance with the Final PUD Plans, he shall authorize reduction in the amount of the letter of
credit, letter from Owner's construction lender, or other security or financial institution
confirmation as documented by invoices through final field inspection reports for that portion of
the Landscaping Improvements; provided, however, that such confirmation and reduction shall
occur no later than five (5) business days from the date of the City of Aspen Parks Department's
final inspection and subsequent issuance of acceptance certificate for the Landscaping
Improvements; provided, further, that twenty-five percent (25%) of the estimated cost of the
Landscaping Improvements shall be retained until such Landscaping Improvements have been
maintained in a satisfactory condition for two (2) years starting from the date of the issuance of
the Certificate of Occupancy for the Project, at which time, the letter of credit, letter from
Owner's construction lender, or other security or financial institution confirmation shall
terminate and expire.
In order to guarantee that the Owner shall not start excavation and then abandon the
project, the Owner shall provide to the City a letter of credit, a letter from Owner's construction
lender confirming that funds are available to Owner in its construction loan for the purpose of
filling in the excavation needed to construct the overall project, or other security or financial
institution confirmation of adequate funds available to Owner in amount not less than one
hundred twenty-five percent (125%) of the estimated costs to fill in the excavation needed to
construct the overall project as estimated by the City of Aspen Engineering Department, in form
and substance reasonably acceptable to the City and from a financially responsible lender. This
letter of credit, a letter from Owner's construction lender, or other security or financial institution
confirmation shall provide that the City will have the unconditional right upon demand to
partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the
excavation. At the completion of a full foundation on both the lodge and the residential
components of the development, and upon confirmation that the foundations have been installed
in accordance with the Final PUD Plans by the City Engineer, the letter of credit, letter from
Owner's construction lender, or other security or financial institution confirmation shall
terminate and expire.
I�IIII �illl ��II�I IIII I��fl� I II �II���� II� IIII� I��I I�� Page: /2 O66 11 :5 31
JANICE K V05 CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
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JANICE K VOS CAUDILL PI7KIN COUNTY CO
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R 121.00 D 0.00
E. DEVELOPMENT MQUMEMENTS RESTRICTIONS AND AGREEMENTS.
Owner hereby agrees to the conditions of approval as specified in the Ordinance and
Owner and City specifically agree as follows:
1. BuiIding Permit The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
C. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of any removed trees. The tree removal permit application
shall be accompanied by a detailed landscape plan indicating which trees
are to be removed and new plantings proposed on the site.
e. A drainage plan, including an erosion control plan and snow storage
runoff plan, prepared by a Colorado licensed Civil Engineer, which
maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 5-year storm frequency should be
used in designing any drainage improvements.
f. A final construction management plan. The Owner shall comply to the
greatest extent practical with any general construction management
requirements that the City adopts before and after building permit
issuance.
g. A fugitive dust control plan to be reviewed and approved by the
Engineering Department.
h. An excavation/stabilization plan prepared by a licensed Engineer.
i. A detailed landscaping plan. This landscaping plan shall include a plan for
right-of-way landscaping and irrigation without trenching under the roots of
trees to be preserved to the extent possible. If trenching is necessary it shall
be done by hand. The plan shall also include a parkway Iandscaping strip
adjacent to all abutting public streets of at least five (5) feet in width.
Appropriate street tree plantings are required along all streets adjacent to the
property.
5
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JANIC- COUNTY CO Oi/26D 0 E K VOS CtaUDILL PITKIN COUNTY CO 06 11.531
R 121.00 D 0.00
The Applicants shall preserve the existing Cottonwood tree Iocated on the
comer of South Monarch Street and East Hyman Avenue and the Iarge
Cottonwood tree that exists between the Deep Powder Lodge and the
Limelite South Building that were slated for removal in the conceptual PUD
application. Additionally, the stand of large Spruce trees located to the north
of the existing Limelite South Building shall be thinned for health and
preserved. The Owner shall also install tree saving construction fences
around the drip line of any trees to be saved subject to the following
provisions:
1. The City Forester or his/her designee must inspect this fence before
any construction activities commence.
2. No excavation, storage of materials, storage of construction
equipment, construction backfiIl, foot or vehicular traffic shall be
allowed within the drip line.
The Owner shall also remove the three (3) conifers located adjacent to the
proposed parking garage entrance to the lodge building along East Hyman
Avenue. A 2-year maintenance bond shall be secured by the Applicants for
any trees to be preserved in which there will be planned excavation within or
adjacent to their driplines.
2. Affordable Housing Units. Owner acknowledges that the development of free-
market residential condominium units as part of the Project, subjects the Owner to affordable
housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority
("APCHA"). Owner acknowledges that the development of 15 free-market residential units as
part of an Incentive Lodge Development like the Project would normally obligate the Owner to
provide 4:5 affordable housing units. Due to the Owner's generation of employee efficiencies in
the project the Owner was granted affordable housing credits offsetting and reducing its
affordable housing obligation to 3.36 1-bedroom affordable housing units. Accordingly, the
Owner shall remit to the City a cash -in -lieu payment for its affordable housing obligations equal
to 2,734,410 and 70/100 Dollars ($2,734,410.70) based on the current cash -in -lieu fee amount.
This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy
for the Project; however any portion thereof paid after issuance of a building permit for the
Project shall be adjusted in accordance with the then current APCHA affordable housing
mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the
residential component to be mitigated for, multiplied by the single-family residential cash -in -lieu
fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended
from time to time, multiplied by 74.6% (which is the percentage of 4.5 1-bedroom affordable
housing units required to be mitigated for after credit applied from the lodge component of the
development)).
3. Employee Housing Units. Owner acknowledges that the addition of
approximately 15 lodging rooms to the Project would normally create the need for employee
generation mitigation and a related employee mitigation plan with the APCHA. Owner and the
City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above
1AL\L.06231D02TUD ApplicalionkFimlLirmlight Subdivision PUD Agttrn 67.05.06.doc
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
eliminate Owner's mitigation obligations for the lodge room component of the development,
provided that the Audit (as defined below) reveals that the Project after development does not
generate additional employees.
4. Employee and Affordable Housing Audit. Owner will perform an employee
audit ("Audit") of the Project within 30 days of the second anniversary of the issuance of a
certificate of occupancy for the Lodge. This Audit will compare the number of full-time
employees employed at the Project at the time of the Audit against the 42 employees employed
at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall
include all full-time, payroll and non -payroll employees employed at the Lodge. The Housing
Office Operations Manager shall approve Applicant's auditor and the Applicant shall be solely
responsible for all fees associated with retaining the auditor.
(a) Affordable Housing Mitigation. Should the Audit reveal an increase in
employees above the 40 full-time employees that are anticipated to operate the Project,
the Owner shall provide deed restricted, affordable housing or a cash -in -lieu payment for
the balance of the Owner's affordable housing mitigation obligations.
(b) Employee Housing Miti ag tion. Should the Audit reveal that the number
of employees employed at the Project exceeds the 40 full-time employees anticipated to
operate the lodge component of the development, the Applicant will deliver a cash -in -lieu
payment pursuant to APCHA guidelines in effect on the date of this Agreement, to
mitigate its employee housing obligations.
5. Condominiumization of Pr iect; Association. As soon as construction of the
Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market
residential component of the Project to two (2) separate plans for condominiumization created
pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees
to prepare in accordance with the Code and CCIOA and the City agrees to process for approval
and recordation a condominium map for each separate condominium regime. Owner shall also
record declarations for each common interest condominium community and create a corporate
non-profit homeowner's association for each community (the "Associations"), including articles
of incorporation and bylaws. The Associations shall be responsible for the maintenance of their
respective common elements. Membership in each respective Association shall automatically
inure to any unit owner within the respective condominium regime upon the transfer of title
thereto.
6. Water Department Requirements The Owner shall comply with the City of
Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required
by the City of Aspen Water Department. The Owner shall also enter into a water service
agreement with the City and complete a common service line agreement for the residential units.
Each residential unit shall have an individual water meter but the Owner will be required to pay
only one tap fee for the residential unit building and one tap fee for the lodge building.
7. Aspen Consolidated Sanitation District Requirements The Owner shall comply with
the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections
LU.1L-0623W02WUD Appliw1onWinlUm light Subdlvleion PUB Agmcm nc07.05.06.doc
(roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators
meeting the ACSD's requirements shall be installed in each of the parking garages. In addition,
the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through
an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings
within the development. No soil nails shall be allowed in the public right-of-way above ACSD
main sewer lines. The Owner shall enter into a shared service line agreement. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District.
8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer
line that serves the Prospector Lodge.
9. Transformer Relocation The Owner shall relocate the existing transformer onto their
property. The location for the transformer shall be approved by the Community Development
Department prior to installation. The Owner shall dedicate an easement to allow for City Utility
Personnel to access the relocated transformer for maintenance purposes.
10. Deliveries in Block 76 Alley There shall be no deliveries to the extent practical to
the Limelight Lodge via the remaining Block 76 alleyway.
11. Pedestrian Amenity The Owner is providing pedestrian amenity for 1 % (approximately
550 square feet) of lot square footage. The Owner shall pay a cash -in -lieu fee of providing
pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size
minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per
square foot) prior to building permit issuance.
12. PM-10 Miti atg ion The Owner shall execute the following methods of PM-10
mitigation;
a. Sell the residential units with only one parking space per unit and require that
purchasers of a unit be required to purchase a second space at an additional
cost.
b. Provide free RFTA bus passes to employees that live outside the City of
Aspen.
C. Advertising to potential guests that a personal or rental car is not necessary
due to the extensive public transportation system.
13. Width of South Monarch Street A street width of 28 feet, from the face of curb to
the face of curb, shall be maintained on South Monarch Street.
14. Sidewalk, Curb, and Gutter Sidewalk, curb, and gutter meeting the City Engineer's
design requirements shall be constructed in the right-of-way adjacent to all of the property subject to
this development prior to issuance of a certificate of occupancy on any portion of the development.
On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be
replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site
plan in the final PUD application submittal.
0 9 6/ 06 11 :531
JANICE K V05 cAUDILL PITKIN COUNTY CO R 121.00 D 0.00
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
15. Park Development Impact Fees Park Development Impact Fees shall be assessed
at the time of building permit issuance on both the new residential bedrooms (including the
affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
16. School Land Dedication Fees School Land Dedication Fees shall be assessed on
the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630,
School Lands Dedication, because subdivision approval is required for the development of the
multi -family residential units per the definition of subdivision in the land use code. The school
lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
17. Deep Powder Relocation The Owner shall pay $20,000.00 towards, schedule, and
supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City.
The landing site of the cabins shall be identified by the City in a timely manner to allow for the
relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the
Owner.
18. Wildlife Trash Containers The Owner shall install a wildlife -proof trash container
for the residential building that meets the requirements of the Environmental Health Department,
The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick-
ups in the alleyway of Block 76.
19. Temporary Use of Public Riuhts-of-Wax. Owner may temporarily use public
rights -of -way as staging areas for construction activities related to the Project in accordance with
the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant
to a Temporary Construction Encroachment License entered into by the Owner and City.
20. Construction Activities Affecting Access to City of Aspen Facilities. Owner
agrees and acknowledges that any and all construction activities undertaken in connection with
the Project that in any way affect facilities and/or rights -of -way owned by City of Aspen shall be
governed by the provisions related thereto to be set forth in detail in the Limelight Construction
Activity and Traffic Management Plan.
21. Construction Activities Affecting City Streets and Infrastructure. Owner agrees
and acknowledges that any and all construction activities undertaken in connection with the
Project that in any way affect facilities, infrastructure and/or rights -of -way owned and controlled
by the City shall be governed by the provisions related thereto to be set forth in the Limelight
Construction Activity and Traffic Management Plan and any applicable City permits and/or
official engineering regulations.
22. Street Closures; Traffic Control. All provisions related to street closures and
traffic control operations necessitated by construction of the Project are set forth in more detail in
J:L'L•06231OOPPUD Applieation\FinalLimelight Subdivision PUD Agreement07.05.06.doc
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JANICE K VOS CAUOILL PITKIN COUNTY CO R 121.oe D 0.00
Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic
Management Plan.
23. Restoration of Public Streets. Owner agrees that upon completion of the Project,
the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if
it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm
sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Owner shall
reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half
of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this
section shall be made prior to issuance of a certificate of occupancy on any part of the development.
24. Encroachments Into City Property. It is hereby acknowledged by the parties to
this Agreement that as part of the Project, Owner shall construct and install certain
improvements that encroach into adjacent public rights -of -way. Specifically, portions of the
roofline, the entrance canopies and some balconies of the residential units will encroach onto
South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as
delineated and depicted on the Architectural Character Plan identified in Section C (1) (C)
above. The City agrees to grant to Owner an easement for these encroachments in the form of
the Encroachment Easement attached hereto as Exhibit A.
25, As -Built Drawings. Owner shall submit as -built drawings for all site
improvements constructed by Owner within any City right-of-way to the City within 180 days
from the date the last certificate of occupancy is issued by the City related to the Project. Such
drawing shall be submitted both in the form of 24"x 36" mylar sheets stamped and sealed by a
Colorado professional surveyor (PLS) as well as in electronic form.
26. Deve102ment Timing The Owner shall obtain a certificate of occupancy on all of the
lodge component of the development prior to obtaining a certificate of occupancy on any of the
residential units within the development.
F. NON-COMPLIANCE AND REQUEST FOR AMENDMENTS OR
EXTENSIONS BY OWNER. _
In the event that the City Council determines that the Owner is not acting in substantial
compliance with the terms of this Agreement, the City Council shall notify the Owner in writing
specifying the alleged non-compliance and asking that the Owner remedy the alleged non-
compliance within such reasonable times as the City Council may determine, but not less than
thirty (30) days. If City Council determines that the Owner has not complied within such time,
the City Council may issue and serve upon the Owner a written order specifying the alleged non-
compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty
(20) days of the receipt of such order, the Owner may file with the City Council either a notice
advising the City Council that it is in compliance or a written petition requesting a hearing to
determine anyone or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
10
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CE K VOS CAUDI�1 07�260 000 0.0
COUNTY CO R 121.00 11.331
(b) Whether a variance, extension of time or amendment to this Agreement should be
granted with respect to any such non-compliance that is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally established by the City Council
for other hearings. If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council
shall be issued without a finding of the City Council that substantial evidence warrants such
action and affording the Owner a reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or for which no variance has
been granted may, at the option of the City Council, and upon written notice to the Owner,
terminate any of such approvals which are reasonably related to the requirement(s) with which
Owner has failed to comply, Alternatively, the City Council may grant such variances,
extensions of time or amendments to this Agreement, as it may deem appropriate under the
circumstances.
In addition to the foregoing, the Owner or its successors or assigns may, on its own
initiative, petition the City Council for a variance, an amendment to this Agreement or an
extension of one or more of the time periods required for performance hereunder. The City
Council may grant such variances, amendments to this Agreement, or extensions of time as it
may deem appropriate under the circumstances, The parties expressly acknowledge and agree
that the City Council shall not unreasonably refuse to extend the time periods for performance if
Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which
necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on
its part to perform in a timely manner.
G. GENERAL PROVISIONS,
l . The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns.
2, This Agreement shall be subject to and construed in accordance with the laws of
the State of Colorado.
3. If any of the provisions of this Agreement or any paragraph, sentence, clause,
phrase, word, or section or the application thereof in any circumstance is invalidated, such
invalidity shall not affect the validity of the remainder of this Agreement, and the application of
any such provision, paragraph, sentence, clause, phrase, word, or section in any other
circumstance shall not be affected thereby.
4. This Agreement contains the entire understanding between the parties hereto with
respect to the transactions contemplated hereunder and may be altered or amended from time to
time only by written instruments executed by all parties hereto.
I
LVAL-0623\0021PUD A"lication\FitulLinxlight Subdivision PUD Ag==n[07.05.06.doc
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5. Numerical and title headings contained in this Agreement are for convenience
only, and shall not be deemed determinative of the substance contained herein. As used herein,
where the context requires, the use of the singular shall include the plural and the use of any
gender shall include all genders.
6. Upon execution of this Agreement by all parties thereto, City agrees to approve
and execute the Partial Alley Vacation Plat and Subdivision Plat for the Project and any other
Final PUD Documents as may be necessary, and to accept the same for recordation in the Office
of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by
Owner.
7, Notices to be given to the parties to this Agreement shall be considered to be
given if hand delivered or if deposited in the United States Mail to the parties by registered or
certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
LIMELITE REDEVELOPMENT, LLC and LIMELITE INC.
c/o Limelite Lodge
2228 East Cooper Avenue
Aspen, CO 81611
Attention: Dale Paas and Sue Woolery
With copies to:
Gerald M. Biehl
General Management Real Estate
1201 Galapago Street, #101
Denver, CO 80204
Steven Szymanski.
Szymanski Development Partners, Inc.
2506 West Main Street
Littleton, Colorado 80120
Cage Williams Abelman & Layden, RC.
Attention Les J. Roos
1433 171h Street
Denver, CO 80202
�IJIJII{III1111111IIIIIIIIIIII111159158 086f114531
JANICD K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
8, The terms, conditions, provisions and obligations herein contained shall be
deemed covenants that run with and burden the land underlying the Project and any and all
12
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Owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and
be specifically enforceable by or against the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
111111 IIIIllh�lSg 13of24
1E ICI P7/26'/2005
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D0 00SI'S31
13
•
CITY:
CITY OF ASPEN, COLORADO,
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this ZAay of U I ,
2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the ity of
Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My Commission Expires: D
ary Public
JACKIE
LO'f HIAN
l'> JNO
QPN'
IIEIII �IIII Illfll IIII lillll IIII ICI I Page; 14 52fi848
(� III illlll III Ilil f 24
07/26/200611 :531
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
14
1:\UL-06231002tPUD ApplicitionVinaU imeliaht Subdivision PUD AVvc=nt07.05.06.doc
0 •
OWNER:
LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company
By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member
By: Limelite, Inc., a Coloya o orporati General Partner
By: GII��
Leroy �Paas, President
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this Tray of
2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation
Investment, LLLP, as Member of Limelite Redevelopments LLC, a � radp l'ited liability
company. / n ! ( )
Witness my hand and official seal. ,•-- ""''�•;�/j
Notary Public •�
My Commission Expires: l a'00 of
By: Parkside Re evelopment LLC, a Colorado limi d liability company, Me
OF C�
Gerald M. Biehl, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this r day o ,
2006, by Gerald M. Biehl, as Manager of Parkside Redevelo Pment, LLC, as ITof
Limelite Redevelopment, LLC, a Colorado limited liability company.
Witness my hand and official seal,
My Commission Expires .
Notary Public
52685 o
Page: IS of 24
119III'lllllill11110, JRNICE K VOS CAUDZ 1 /260 0.0 ]1.53f
LL PITKIN COUNTY CO R 121.00 D 0.00
15y
My Cammissw Expires 01/27/2009
I `tU.-0623%003\PUD AppliwionTinal Limcllghl Subdivii(on PUD Agrcenxut07.05.06.doc
LIMELITE, INC., a Col corporat'
By:
Lero ale Paas, President
STATE OF COLORADO )
ss,
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this t__'r day of
2006, by Leroy Dale Paas, as President of Limelite Inc., a Colorado cbrooration-
Witness my hand and official seal. C
1 FB otary Public • 0 Aq •.
My Commission Expires: QQ V j 4.V
i
;A
O. 0
�oQP
IIIIIIIN111111IIIIIIIIIIIIII1111IiIIIIIII P526848
a
;00 F124
1:531
.JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 0 0.00
16
1:\L\L-0621\002\PUD App1ication\Fiu1Li=1ighL Subdivision PUD AUunent07.05.06.doc
Encroachment Easement
ENCROACHMENT EASEMENT
THIS ENCROACHMENT EASEMENT is made and entered into effective as of the
day of , 2006, by and between the CITY OF ASPEN, COLORADO, a
Colorado municipal corporation ("City") and LIMELITE, INC., a Colorado corporation, and
LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is
2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite").
WITNESSETH:
WHEREAS, Limelite is constructing a mixed -use development within the City known as
Limelight Lodge/PUD (the "Project"); and
WHEREAS, as part of development of the Project, it is acknowledged by the parties that
it shall be necessary for Limelite to construct and install certain improvements on, over and
under certain rights -of -way owned, controlled and operated by the City (the "City ROWS"),
which City ROWS are shown more fully on Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the City agrees to allow Limelite to construct and install certain
improvements on, over and under the City ROWS (the "Allowed Encroachments") in those
locations specifically set forth on Exhibit A, subject to certain conditions; and
WHEREAS,'the City has the power and authority to grant encroachment easements.
NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained,
the City and Limelite covenant and agree as follows:
I. Grant of Easement. The City hereby grants Limelite a non-exclusive easement to
occupy, maintain and utilize the City ROWs for the Allowed Encroachments, which are
generally described as portions of the roofline, entrance canopies, trellises, and an exterior
staircase of the residential units that will encroach onto South Aspen Street, East Cooper
Avenue, East Hyman Avenue, and South Monarch Street as more particularly depicted on
Exhibit A, for the purposes described herein. The term of this easement shall commence on the
date of the first building permit issued to Limelite in connection with the Project and shall
continue and be irrevocable until demolition of the building containing the residential units. This
easement shall be subordinate to the right of the City to use the surface area of the City Property
for any pre-existing, authorized purposes. Until demolition of the building containing the
residential units, the City shall not remove or interfere with the Allowed Encroachments or take
any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from
the City.
Illy IIIII Illlil IIII Ilelll IIII �IIIIII III IIIIII I III526848
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11:531
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 0 0.00
0 .
2. Use of CitROWs. Limelite shall have the right to occupy, maintain and utilize
those areas of the City ROWS shown on Exhibit A for the Allowed Encroachments, which
Allowed Encroachments shall consist of surface and overhang building improvements.
3. Maintenance. Limelite shall be responsible for the maintenance and repair of all
areas of encroachment upon the City ROWs, together with all improvements constructed therein,
which the City, in the exercise of its discretion, shall determine to be necessary to keep the same
in a safe and clean condition.
4. Permits. Limelite shall obtain from the City all necessary and appropriate permits
related to construction and installation of any of the Allowed Encroachments within the City
ROWs.
5. Insurance. At all times during the term hereof, Limelite shall maintain general
liability insurance for any loss, claim or damages arising from or connected with Limelite's use
of the City ROWs and shall furnish the City with a certificate of insurance evidencing such
insurance coverage upon demand.
6. Indemnification. Limelite shall save, defend and hold the City harmless against
any and all claims for damages, costs and expenses, to persons or property that may arise out of,
or be occasioned by the use, occupancy and maintenance of the City ROWS by Limelite, or from
any act or omission of any representative, agent, customer and/or employee of Limelite, except
for claims that may arise out of, or be occasioned by the negligent or intentional act of any
representative, agent or employee of the City.
7. Non -Exclusivity of Easement. Except as otherwise prohibited or agreed to by and
between the parties, nothing herein shall be construed so as to prevent the City from granting
such additional licenses or property interests in or affecting the City ROWS as it deems
necessary, provided, however, such additional licenses or property interests do not impair or
materially interfere with the rights and benefits granted to Limelite in this Agreement.
8. Binding Effect: A$sism_ment. The conditions set forth herein shall constitute
covenants running with the land, and binding upon and inuring to the benefit of Limelite, its
successors and assigns. In addition to the assignment rights provided in the foregoing sentence,
the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally
assigned by Limelite to a mortgage lender.
9. Attorneys' Fees. In any legal action to enforce the provisions of this Agreement,
the substantially prevailing party shall be awarded its reasonable attorney's fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
[SIGNATURES ON FOLLOWING PAGE]
24
111111
526848
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u
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IIIIII IIIII 111111 IN 111111 lill 5��8�824
07926/2006{11 :53
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
0 •
CITY OF ASPEN, COLORADO,
APPROVED AS TO FORM:
a
mey
STATE OF COLORADO )
ss.
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this �&Y of
2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the Cit of
Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My Commission Expires: p
otary Public
� (A ...
III�III�llll��IIII I
(I52fi80oINI II1111I! Page: 20 of 1:
I11I IIIII II III 0 7, 2 6, ANICE K VOS CAUDILL PITKIN COUNTY CO 2006 11.53(
R 121.00 D 0.00
LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company
By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member
Bv: Limelite, Inc., a Colora orporatio eneral Partner
Leroy aas, President
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me thus 11 r day of
2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation
Investment, LLLP, as Member of Limelite Redevelopment, LLC, a Colorado limited liability
company.
Witness my hand and official seal.
My Commission Expires:
Qd Notary Public
By: Parkside Re evelopment LLC, a olorado limite liability company, Member
Gerald M. Biehl, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
5�N SCNMi
v\
The foregoing instrument was acknowledged before me this day o
2006, by Gerald M. BiehI, as Manager of Parkside Redevelopment, LLC, as Mem er of
Limelite Redevelopment, LLC, a Colorado limited liability company.
Witness my hand and official seal. <'3 �G �—J�
\\ Notary Public
My Commission ExpiresV &In .
526848
page; 21 of 24
07/26/200611:531
R 121 .00 0 0.00
11i11
JANICE K VOS CGUDILL PITXIN COUNTY CO
My Commission Expires 01/27/2W9
0
•
LLVIELITE, INC., a Color
/�oration�
Leroy D aas, President
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of `
2006, by Leroy Dale Paas, as President of Limelite Inc. lorado
n.
Witness my hand and official seal.
My Commission Expires: ��1 G Notary Public
•••SC,y
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S'
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•
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ENCROACHMENT AREAS, NORTH PARCEL
A PARCEL OF LAND SITUATED IN BLOCK 76, CITY AND TOWNSITE OF ASPEN, IN SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE 84
WEST AND IN SECTIONS 12AND 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST,
BOTH OF THE SIXTH P.M., COUNTY OF PITKIN, STATE OF COLOARDO
SHEET 1 OF 1
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CIV L CONSULTANTS SHOWN HEREON ARE PARALLEL AND
SCALE:I'-4D' 502MA1NSTREET,SU(TEA3 PERPENDICULAR TO THE BOUNDARY
CARBONDALE, COLORADO81623 LINES OF THE NORTH PARCEL
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SOPRIS ENGINEERING - LLC ALL ENCROACHMENT DIMENSIONS
CIV L CONSULTANTS SHOWN HEREON ARE PARALLEL AND
SCALE:I'-4D' 502MA1NSTREET,SU(TEA3 PERPENDICULAR TO THE BOUNDARY
CARBONDALE, COLORADO81623 LINES OF THE NORTH PARCEL
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7�
•
MAINTENANCE OF GRANITE SURFACES
Introduction:
Many of the world's most interesting structures built from Marble, Limestone or Sandstone are
currently suffering from modern air pollution and acid rain. These newer environmental forces
coupled with normal freeze/thaw cycles, are eroding and staining the stone, impairing the natural
beauty of the structures and in some cases, actually threatening their structural integrity.
Granite, as the hardest and most moisture -resistant of building stones, is nearly impervious to
these destructive forces. However, even Granite can lose its luster to dirt and other normal forces
in high -traffic areas or where subjected to staining agents. Note that these conditions, from
staining to surface cracking are far less likely to happen with Granite than with any other
building stone.
Protecting Granite Surfaces:
In most situations, Granite surfaces are best left untreated with impregnating or sealing agents.
Granite's naturally high density resists absorption of staining materials. Dirt and grime can
generally be cleaned from the surface with a mild solution of soap and water. Polished surfaces
are even more resistant to stain than Thermal Diamond 10 or Honed Diamond 8 surfaces.
If a Granite surface is expected to be in frequent contact with staining agents, its stain resistance
can be strengthened with an appropriate impregnator. Impregnators should not alter the surface
texture or color of the Granite. However, it is recommended that any impregnator be pretested
with given Granite color and finish prior to general application.
Sealers may also be used to increase stain resistance, but they bring their own set of maintenance
problems. Sealers can alter the surface texture and finish, particularly of Thermal -finished stone.
Sealers can also build up on the surface creating a layer that is less durable than the Granite.
Sealers are not recommended in exterior applications because they can trap moisture within the
top layer of stone, which may lead to surface cracks during freeze/thaw cycles. It is strongly
recommended that any sealer be pretested on the stone in a variety of conditions prior to its
general application.
0 •
Regular Maintenance of Granite Surfaces:
The regular maintenance recommended for Granite surfaces is a simple cleaning with neutral
detergent or stone soap and water. Occasionally high traffic areas or locations subjected to
tracking of outside dirt and grime require a more intensive cleaner. For Polished and Honed
floors subject to heavy commercial traffic, a polish preserver/restorer may be used.
Maintenance Tips:
Condition Cleaning A(_Yent .application Method
General Construction Dirt & Grease Detergent & Water Sponge or Wipe on with rag.
Rinse w/clear water & wipe dry.
New Oil & Grease Stains Detergent & water for minor Rub in thoroughly with sponge or
stains. Naptha Gas or Pyrene rag. Wash off w/detergent & water.
for major stains. Wipe dry.
Old Oil & Grease Stains Hydrogen Peroxide & Plaster Mix Hydrogen Peroxide & Plaster
of Paris. and apply in thick ('/2") patch. Let
cure for 3 hours. Remove and wash
w/detergent & water. Wipe dry.
Paint
Paint & Varnish remover like
Rub on thoroughly w/rag. Wash
"Zip Strip".
w/detergent & water. Wipe dry.
Rust & Metal Stains
Phosphoric Acid Compound
Rub on thoroughly w/rag or sponge
Such as "Phos-It"
Wash thoroughly w/water & wipe
Dry
Tar & Pitch
Naptha Gas or Pyrene
Apply w/rag. Rub thoroughly with
stiff brush. Wash off w/detergent
and water. Wipe dry.
Polishin- Powder
Grace Lee Cleaner
Rub in thoroughly w/rag. Rinse
with water. Wipe dry.
Mortar Stains
Phosphoric Acid
Apply w/rag. Rub thoroughly with
(Caution: Etches Metal)
Fiber Brush. Wash thoroughly with
clear water.
Muriatic Acid
Neutralize w/Caustic Soda
Add Residue.
0 •
MONARCH ON THE PARK
lop
GOLF COURSE •• I , G: dd \ of " � 1 '• ` ¢' _
SD 11
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• m �F ' i` , 0
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. 'Taall 0� '1� '� ♦ r_ r �� .^.s : .'f t t
1,01
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VICINITY MAP
SCALE: 1" = 2000'
RECEIVED
DEC 0 2 2000
uITY OF ASPEN
,OMMUNITY DEVEI.OPMEN'
PROJECT:
• •.
�I rec.ul�r �.CccQ Oak, �J
,?CIO % a-
ATTACHMENT 2 -LAND USE APPLICATION v
Name: M (Meth & ft
Location: z2g raAfGW
117e ep Sreiw
Indicate street address, lot & lilocK number, a al description where appropf late
Parcel ID # RE UWD
kPPLICANT:
Name: 1C1M� �� �t �Qu-K.r L1, C /6 4�hQitaQ ov a
Address: 1201 sfy ttp A/o . / 0 D
Phone #: 3 - 5 =q
REPRESENTATIVE:
Name: (9 e r, al d lei • E 1
Address: t f1-0
Q. K
Phone #:
TYPE OF APPLICATION: (please check all that apply):
❑
GMQS Exemption
❑
Conceptual PUD
❑
GMQS Allotment
❑
Final PUD (& PUD Amendment)
❑
Special Review
❑
Subdivision
❑
ESA — 8040 Greenline, Stream
Margin, Hallam Lake Bluff,
condominiumization)
Mountain View Plane
❑
Commercial Design Review
❑
Lot Split
❑ Residential Design Variance
n Conditional Use
EXISTING CONDITIONS:
, I(description of
[
❑ Lot Line Adjustment
❑
Temporary Use
❑
Text/Map Amendment
❑
Conceptual SPA
❑
Final SPA (& SPA
Amendment)
❑ Small Lodge Conversion/
Expansion
Other: 0071040h I A)1LUc{ 1
buildings, uses, previous approvals, etc.)
,,/11..t�i M
tA{,Ut..,,qq..fd W1 $fit. a1>< U4,Lt1
h e�,n e L
v -proposed�( a�n c�.? CvI�. eQ�r�uh L c u�. M^ ccr0 /�,►�►� u,�
PR POSAL:(description of buildings, uses, modifications, etc.
art k Co"
H you attached the following. FEES DUE: S 73 5, a Q
,-Application Conference Summary
ttachment # 1, Signed Fee Agreement
Response to Attachment #3, Dimensional Requirements Form
Response to Attachment 94, Submittal Requirements- Including Written Responses to Review Standards
pkp 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.
El
C..
i L 0V
Ni4
Pkv-4.e,
•
0 RECEIVED
ATTACHMENT 3 DEC 0 2 2008
DIMENSIONAL REQUIREMENTS FORM CITY O� ASPEN
,OMMUNI?Y DFVE1.OPMEN7
Project: Monarch On The Park
Applicant: Limelight Redevelopment LLC
Location: 405 S. Monarch Street
Zone District: Lodge Zone District with a PUD Overlay
Lot Size: 26,916 sf
Lot Area: 26,916 sf
(for the purposes of calculating Floor Area, Lot Area may be reduced for areas
within the high water mark, easements, and steep slopes. Please refer to the
definition of Lot Area in the Municipal Code.)
Commercial net leasable: Existing: N/A Proposed: N/A
Number of residential units: Existing: N/A Proposed.• Initially 6; 14 when all units created
Number of bedrooms: Existing: —NIA Proposed: Initially 23; 48 when all units created
Proposed % of demolition (Historic properties only): —N/A
DIMENSIONS: (See note below re: Allowables)
Floor Area: Existing: N/A Allowable:2.43:1 FAR Proposed:_55,661 FA(see note)
Principal bldg. height:
Existing:
N/A
Access. bldg. height:
Existing:
N/A
On -Site parking:
Existing:
—NIA
% Site coverage:
Existing:
—NIA
% Open Space:
Existing:
—NIA
Front Setback:
Existing:
—NIA
Rear Setback
Combined F/R:
Side Setback
Existing: N/A
Existing. N/A
Existing: N/A
Side Setback: Existing: N/A
Combined Sides: Existing. --NIA
Allowable: _42' * Proposed: _41.83'
.Allowable: —NIA Proposed: _NIA
Required: 2 per unit_Proposed:2 per unit_
Required: 77% max. Proposed:_77%
Required: N/A Proposed: N/A
Proposed: _O'
_Proposed: _0'
_Proposed: _0'
Proposed: _0'
Proposed: _O'
Proposed.•_0'
Distance Between Existing _N/A Required.•_N/A Proposed:_N/A
Buildings
* 46' for elevator head enclosures, fireplace flues & vent terminations, per roof ht. plan presented at
2/6/06 City Concil Meeting on Ordinace 1/2006.
Required:
_0'
Require&_O'
Require&_O'
Require&_O'_
Required:
_0'_
.Require&_O'_
Existing non -conformities or encroachments: —N/A
Variations requested: _N/A
Note: "Allowable" information is per Ordinance #1, Series of 2006, approving
Limelight Lodge Final PUD.
Note: Floor area quantity not specified in Ord. 1/2006, only FAR. Gross Bldg. Area
is 77,966 sf, qualified Floor Area is 55,661, compared with site area of 26,926 sf.
this results in 2.07:1 FAR, vs. 2.43: 1 allowable FAR.
17J
•
December 1, 2008
By Electronic Mail (drew.alexander(a,ci.aspen.co.us)
Drew Alexander
Community Development Department
City of Aspen
130 S. Galena Street
Aspen, CO 8161 1-1975
Re: Monarch on the Park Condominium
Dear Drew:
RECEIVED
DEC 0 2 2008
CITY OF ASPEN
OMMUNITY DFVELOPMFNT
Les Roos
lesroosna,comcast.net
720-379-6742
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. In accordance with the Pre -Application
Conference summary, this letter authorizes Gerald M, Biehl, President of General Management
Real Estate Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite
Redevelopment, LLC's representative for the Common Development Review Procedures
pertaining to the approval of the condom iniumization of Monarch on the Park. Mr. Biehl's
contact information is as follows:
Gerald M. Biehl
General Management Company
1201 Galapago Street, No. 101
Denver, Colorado 80204
(303) 592- 9112 (office)
(720) 254-5086 (mobile)
jerry@gmco.org
Sincerely,
Les Roos
•
•
Read and Approved:
Limelite Redevelopment LLC, a Colorado limited liability company.
By: General Management Real Estate Services. Inc.. a
Colorado corporation, Manager
By:
erald M. Bie , Pxesident
Date:
RECEIVED
DEC 0 2 2008
CITY OF ASPEN
COMMUNITY DEVELOPMENT
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
G
C]
December 1, 2008
Les Roos
lesroos(a comcast. net
720-379-6742
By Electronic Mail(drew.alexander(&ci.aspen.co.us) RECEIVED
Drew Alexander
Community Development Department
City of Aspen UEC 0 2 2008
130 S. Galena Street,I 1 Y OF ASPENAspen, CO 8161 1-1975 �OMMUNITY DEVELOPMENT
Re: Monarch on the Park Condominium
Dear Drew:
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. This real property is known by street
address as 228 East Cooper Avenue, Aspen, Colorado is legally described as follows:
South Parcel, Limelight Subdivision/Planned Unit Development, as shown on the plat
recorded July 26, 2006 at Reception No. 526850, County of Pitkin, State of Colorado. The
property is encumbered by the following:
l . Taxes and assessments for the year 2008 and subsequent years, a lien not yet due and
payable.
2. Exceptions and Reservations as set forth in the Act authorizing the issuance of the Patent
for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216.
3. Ordinance No. 1 (Series 2006) adopted on February 6, 2006 by the Aspen City Council,
approving the Limelight Lodge Planned Development, and recorded on July 26, 2006, at
Reception No. 526847.
4. Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned
Unit Development recorded on July 26, 2006, as Reception No. 526848.
Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July
26, 2006, as Reception No. 526850.
•
Drew Alexander
December 1, 2008
Page 2
6. Covenants, conditions, restrictions, reservations and lien rights which do not include a
forfeiture or reverter clause, set forth in the Declaration of Covenants for Monarch on the
Park recorded November 20, 2008, at Reception No. 554413.
7. Notes, easements, rights of way, restrictions, and other matters or conditions as shown
and set forth on the Condominium Map for Monarch on the Park recorded November 20,
2008, as Reception No. 554414, Map 89, Page 11.
Terms and provisions of the Amenities Use Agreement recorded November 20, 2008, at
Reception No. 554414.
As fee simple owner, Limelite Redevelopment LLC has full right and authority to
execute and submit all documents necessary or appropriate in conjunction with the Common
Development Review Procedures pertaining to the approval of the condominium ization of
Monarch on the Park. This submittal is in accordance with the procedures and requirements of
Ordinance No. 1 (Series 2006) and the Subdivision/Planned Unit Development Agreement for
Limelight Subdivision/Planned Unit Development, which documents are more particularly
identified in paragraphs 3 and 4 above.
As further evidence of the ownership rights of Limelite Redevelopment LLC to the real
property described above, along with the copy of this letter emailed to you I have attached a copy
of the recorded deed conveying the real property to Limelite Redevelopment LLC and a copy of
the title commitment issued by Stewart Title Guaranty Company for the loan for construction of
Monarch on the Park, both confirming title to the real property in Limelite Redevelopment LLC.
cc: Gerald M. Biehl by electronic mail
Sincerely,
Les Roos RECEIVED
DEC 0 2 2008
vI I Y OF ASPEN
�OMMUNITY DEVELOPMENT
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
•
P
December I. 2008
By Electronic Mail (drew.alexander(a,ci.asi)en.co.us
Les Roos
lesroos a()comcast.net
720-379-6742
Drew Alexander
Community Development Department DEWED
City of Aspen
130 S. Galena Street DEC 0 2 2008
Aspen, CO 81611-1975
pOF ASPEN
Re: Monarch on the Park Condominium :OMMUNI Y DEVELOPMENT
Dear Drew:
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. In particular, this letter addresses
paragraph 10 of the City of Aspen Pre -Application Conference Summary by providing a written
description of the proposal and a written explanation of how the First Supplemental
Condominium Map providing for creation of the remaining eight condominium units to be
created in Monarch on the Park complies with the review standards relevant to the development
application. As you are aware, the initial six condominium units were created by recording of the
Declaration of Covenants, Conditions and Restrictions for Monarch on the Park and the
Condominium Map for Monarch of Park on November 20, 2008.
The review standards relevant to the Monarch on the Park are specified in Ordinance No.
I (Series 2006) adopted on February 6, 2006 by the Aspen City Council, approving the
Limelight Lodge Planned Development, and recorded on July 26, 2006, at Reception No. 526847
in the Clerk and Recorder's office for Pitkin County, Colorado and further articulated in the
Subdivision/Planned Unit Development Agreement for Limelight Subdivision/Planned Unit
Development recorded on July 26, 2006, as Reception No. 526848 in the Clerk and Recorder's
office for Pitkin County, Colorado.
Paragraph E (5) of the Subdivision/Planned Unit Development Agreement for Limelight
Subdivision/Planned Unit Development provides as follows:
Condom iniumization of Project; Association. As soon as construction of the Project
allows, Owner anticipates submitting the lodge portion of the Project and the free-market
•
Drew Alexander
December 1, 2008
Page 2
residential component of the Project to two (2) separate plans for condom iniumization
created pursuant to Colorado Common Interest Ownership Act ("CCIOA").
Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the
City agrees to process for approval and recordation a condominium map for each separate
condominium regime. Owner shall also record declarations for each common interest
condominium community and create a corporate non-profit homeowner's association for
each community (the "Associations"), including articles of incorporation and bylaws.
The Associations shall be responsible for the maintenance of their respective common
elements. Membership in each respective Association shall automatically inure to any
unit owner within the respective condominium regime upon the transfer of title thereto.
In furtherance of this requirement and in accordance with the recorded Declaration of
Covenants, Conditions and Restrictions for Monarch on the Park, a copy of which accompanies
the electronic copy of this letter, the First Supplemental Condominium Map and the First
Amendment to Declaration of Covenants, Conditions and Restrictions, a copy of which also
accompanies the electronic copy of this letter and will be recorded just prior to recording of the
First Supplemental Map, establishes the remaining eight condominium units in Monarch on the
Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City,
were based on 14 condominium units, which 14 units will be established upon recording of the
First Supplemental Condominium Map and the First Amendment to Declaration of Covenants,
Conditions and Restrictions.
For your information, I have also attached copies of the Articles of Incorporation,
Articles of Amendment, and Bylaws for Monarch on the Park Condominium Owners
Association, a Colorado nonprofit corporation, the members of which are owners of the
condominium units, and a Good Standing Certificate for Monarch on the Park Condominium
Owners Association issued by the Colorado Secretary of State.
Please let me know if you need any additional information. Thank you again for your
cooperation.
cc: Gerald M. Biehl by electronic mail
Sincerely,
RECEIVED
Les Roos DEC 0 2 2008
vl.f.Y OF ASPEN
,OMMUNITY DEVELOPMENT
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
•
Drew Alexander
December 1, 2008
Page 2
residential component of the Project to two (2) separate plans for condominiumization
created pursuant to Colorado Common Interest Ownership Act ("CCIOA").
Accordingly, Owner agrees to prepare in accordance with the Code and CCIOA and the
City agrees to process for approval and recordation a condominium map for each separate
condominium regime. Owner shall also record declarations for each common interest
condominium community and create a corporate non-profit homeowner's association for
each community (the "Associations"), including articles of incorporation and bylaws.
The Associations shall be responsible for the maintenance of their respective common
elements. Membership in each respective Association shall automatically inure to any
unit owner within the respective condominium regime upon the transfer of title thereto.
In furtherance of this requirement and in accordance with the recorded Declaration of
Covenants, Conditions and Restrictions for Monarch on the Park, a copy of which accompanies
the electronic copy of this letter, the First Supplemental Condominium Map and the First
Amendment to Declaration of Covenants, Conditions and Restrictions, a copy of which also
accompanies the electronic copy of this letter and will be recorded just prior to recording of the
First Supplemental Map, establishes the remaining eight condominium units in Monarch on the
Park. All submissions to and approvals by the City of Aspen, including, the fees paid to the City,
were based on 14 condominium units, which 14 units will be established upon recording of the
First Supplemental Condominium Map and the First Amendment to Declaration of Covenants,
Conditions and Restrictions.
For your information, I have also attached copies of the Articles of Incorporation,
Articles of Amendment, and Bylaws for Monarch on the Park Condominium Owners
Association, a Colorado nonprofit corporation, the members of which are owners of the
condominium units, and a Good Standing Certificate for Monarch on the Park Condominium
Owners Association issued by the Colorado Secretary of State.
Please let me know if you need any additional information. Thank you again for your
cooperation.
Sincerely,
Les Roos
cc: Gerald M. Biehl by electronic mail
RECEIVED
DEC 0 2 2008
CI-r'Y OF ASPEN
COMMUNITY DEVELOPMENT
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
C-1
•
Drew Alexander
December 1, 2008
Page 2
6. Covenants, conditions, restrictions, reservations and lien rights which do not include a
forfeiture or reverter clause, set forth in the Declaration of Covenants for Monarch on the
Park recorded November 20, 2008, at Reception No. 554413.
7. Notes, easements, rights of way, restrictions, and other matters or conditions as shown
and set forth on the Condominium Map for Monarch on the Park Condominium recorded
November 20, 2008, as Reception No. 554414, Map 89, Page 11.
Terms and provisions of the Amenities Use Agreement recorded November 20, 2008, at
Reception No. 554414.
As fee simple owner, Limelite Redevelopment LLC has full right and authority to
execute and submit all documents necessary or appropriate in conjunction with the Common
Development Review Procedures pertaining to the approval of the condominiumization of
Monarch on the Park. This submittal is in accordance with the procedures and requirements of
Ordinance No. 1 (Series 2006) and the Subdivision/Planned Unit Development Agreement for
Limelight Subdivision/Planned Unit Development, which documents are more particularly
identified in paragraphs 3 and 4 above.
As further evidence of the ownership rights of Limelite Redevelopment LLC to the real
property described above, along with the copy of this letter emailed to you I have attached a copy
of the recorded deed conveying the real property to Limelite Redevelopment LLC and a copy of
the title commitment issued by Stewart Title Guaranty Company for the loan for construction of
Monarch on the Park, both confirming title to the real property in Limelite Redevelopment LLC.
RECEIVED
Sincerely,
0; ...� _ -_�
DEC 0 2 2008
CITY OF ASPEN
Les Roos
'OMMUNITY DEVELOPMENT
cc: Gerald M. Biehl by electronic mail
Leslie J. Roos, LLC 500 Golden Eagle Drive Broomfield, CO 80020
•
0
December 1, 2008
Les Roos
Iesroos(akomcast. net
720-379-6742
By Electronic Mail(drew.alexanderC&ci.aspen.co.us)
Drew Alexander RECEIVED
Community Development Department
City of Aspen
130 S. Galena Street DEC 0 2 2008
Aspen, CO 81611-1975 CITY OF ASPEN
COMMUNITY DEVELOPMENT
Re. Monarch on the Park Condominium
Dear Drew:
I am writing as legal counsel to Limelite Redevelopment LLC, a Colorado limited
liability company, the owner, developer and Declarant of the real property being developed as a
condominium project known as Monarch on the Park. In accordance with the Pre -Application
Conference summary, this letter authorizes Gerald M, Biehl, President of General Management
Real Estate Services, Inc., the Manager of Limelite Redevelopment, LLC, to act as Limelite
Redevelopment, LLC's representative for the Common Development Review Procedures
pertaining to the approval of the condom iniumization of Monarch on the Park. Mr. Biehl's
contact information is as follows:
Gerald M. Biehl
General Management Company
1201 Galapago Street, No. 101
Denver, Colorado 80204
(303) 592- 9112 (office)
(720) 254-5086 (mobile)
jerry@gmco.org
Sincerely,
Les Roos
•
u
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Drew Alexander, 429-2739 DATE: 12/01/08
PROJECT: Monarch on the Park Condominium Plat
APPLICANT: Sopris Engineering
REPRESENTATIVE: Cate Love
TYPE OF APPLICATION: Condom iniumization
DESCRIPTION: The prospective Applicant would like to condominiumize the existing structure. As
described by the Applicant's representative, Monarch on the Park is a property that initially
will contain six condominium units and ultimately will contain 14 ondominium units.
Condom ini um ization review (which is a form of subdivision) is required in order to create a
condominium form of ownership
Land Use Code Section(s) RECEIVED
26.304 Common Development Review Procedures
26.480.090 Condominiumization DEC 0 2 2008
Review by: - Staff for complete application 'CITY OF ASPEN
- Community Development Director for condominiumization '10MMUNITY DEVELOPMENT
Public Hearing: No hearing required
Planning Fees: $735.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour)
Referral Fees: None
Total Deposit: $735.00
Total Number of Application Copies:
Subdivision and associated reviews: 2 Copies
To apply, submit the following information:
1. Total Deposit for review of application.
2. Applicant's name, address and telephone number, contained within a letter signed by the applicant
stating the name, address, and telephone number of the representative authorized to act on behalf of the
applicant.
3. Street address and legal description of the parcel on which development is proposed to occur, consisting
of a current certificate from a title insurance company, or attorney licensed to practice in the State of
Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens,
easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply
for the Development Application.
4. Completed Land Use Application.
5. Signed fee agreement.
6. Pre -application Conference Summary.
7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen.
8. Proof of ownership.
9. Proposed condominium plat.
10. A written description of the proposal and a written explanation of how a proposed development
complies with the review standards relevant to the development application.
I LA11 other materials required pursuant to the specific submittal requirements.
12. Applications shall be provided in paper format (number of copies noted above) as well as the text only
on either of the following digital formats. Compact Disk (CD) -preferred, Zip Disk or Floppy Disk.
Microsoft Word format is preferred. Text format easily convertible to Word is acceptable.
Disclaimer:
PJ
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.
RECEIVED
DEC 0 2 2008
CITY pF AsFE1V
:OMMUNITY DEVELOPMENT
•
RECEIVED
DEC 0 2 2008
CITY OF ASPEN
,OMMUNITY DEVELOPMENT
BYLAWS
OF
MONARCH ON THE PARK CONDOMINIUM OWNERS ASSOCIATION
E
•
ARTICLE I GENERAL....................................................................
1.1 Purpose of Bylaws ....................................................
1.2 Terms Defined in Declaration ...................................
1.4 Controlling Laws andInstruments ............................
ARTICLE II OFFICES.....................................................................
2.1 Principal Office.........................................................
2.2 Registered Office and Agent .....................................
ARTICLE III MEMBERS.................................................................
3.1 Members...................................................................
3.2 Memberships Appurtenant to Unit ............................
3.3 Members' Voting Rights ...........................................
3.4 Voting by Joint Owners ............................................
3.5 Suspension of Voting Rights ....................................
3.6 Transfer of Memberships on Association Books......
3.7 Assi€Tnment of Voting Rights to Mort 7a�, s...........
ARTICLE IV MEETING OF MEMBERS .......................................
4.1 Place of Members' Meetings ....................................
4.2 Annual Meetings of Members ...................................
4.3 Special Meetings of Members ...................................
4.4 Meeting to Approve Annual Budget .........................
4.5 Record Date..............................................................
4.6 Notice of Members' Meetings ..................................
4.7 Proxies......................................................................
4.8 Quorum at Members' Meetings ................................
4.9 Adjournment of Members' Meetings ........................
4.10 Vote Required at Members' Meetings— ...................
4.11 Cumulative Voting Not Permitted ............................
4.12 Order of Business..............................0. 0.....................
4.13 Expenses of Meetings............................0..................
4.14 Waiver of Notice.. ......................... 00 ... 0 ......................
4.15 Action of Members Without a Meeting ....................
4.16 Electronic Meetings ..................................................
ARTICLE V BOARD OF DIRECTORS....... ......... ................ oo ...
5.1 General Powers and Duties of Board of Directors....
5.2 Special Powers and Duties of Board of Directors.....
(a) Assessments............................................0.....
(b) Taxes.............................................................
(c) Insurance.......................................................
(d) Common Area..................................0............
(e) Agents and Employees ..... ......0.0....................
(fl Borrowing.....................................................
( ) Enforcement
............................................. 1
............................................. 1
............................................. 1
............................................. 1
............................................. 1
............................................. 1
............................................. 1
............................................. 2
............................................. 2
............................................. 2
............................................. 2
............................................. 2
............................................. 2
............................................. 2
............................................. 3
............................................. 3
............................................. 3
............................................. 3
............................................. 3
............................................. 3
............................................. 3
............................................. 3
............................................. 4
............................................. 4
............................................. 4
............................................. 5
............................................. 5
............................................. 5
............................................. 5
............................................. 5
............................................. 5
.............................................5
............................................. 5
............................................. 5
............................................. 6
g...............................................................
(h) Delegation of Powers ...................................................
(i) Rules and Regulations ..................................................
......................... 6
......................... 6
......................... 6
......................... 6
......................... 6
......................... 6
......................... 6
......................... 6
A
•
5.3
Qualifications of Directors...................................................................................... 7
5.4
Appointment and Election of Directors..................................................................
7
5.5
Term of Office of Directors....................................................................................
8
5.6
Removal of Directors..............................................................................................
8
5.7
Resignation of Directors.........................................................................................
8
5.8
Vacancies in Directors............................................................................................
8
5.9
Executive Committee..............................................................................................
9
5.10
Other Committees of Association...........................................................................
9
5.11
General Provisions Applicable to Committees.......................................................
9
5.12
Manager or Managing Agent..................................................................................
9
ARTICLE VI
MEETING OF DIRECTORS.................................................................................
10
6.1
Place of Directors' Meetings.................................................................................
10
6.2
Annual Meeting of Directors................................................................................
10
6.3
Other Regular Meetings of Directors....................................................................
10
6.4
Special Meetings of Directors...............................................................................
10
6.5
Notice of Directors Meetings................................................................................
10
6.6
Proxies..................................................................................................................
10
6.7
Quorum of Directors.............................................................................................
11
6.8
Adjournment of Directors' Meetings....................................................................
11
6.9
Vote Required at Directors' Meeting....................................................................
11
6.10
Order of Business..................................................................................................
11
6.11
Officers at Meetings..............................................................................................
11
6.12
Waiver of Notice...................................................................................................
11
6.13
Electronic Meetings..............................................................................................
11
6.14
Action of Directors Without a Meeting................................................................
11
6.15
Executive Meetings...............................................................................................
12
6.16
Conflict of Interest................................................................................................
12
ARTICLEVII
OFFICERS............................................................................................................
12
7.1
Officers, Employees and Agents...........................................................................
12
7.2
Appointment and Term of Office of Officers.......................................................
13
7.3
Removal of Officers..............................................................................................
13
7.4
Resignation of Officers.........................................................................................13
7.5
Vacancies in Officers............................................................................................
13
7.6
President................................................................................................................13
7.7
Vice Presidents......................................................................................................
13
7.8
Secretary................................................................................................................13
7.9
Treasurer...............................................................................................................
14
7.10
Bonds....................................................................................................................
14
ARTICLE VIII INDEMNIFICATION OF OFFICIALS AND AGENTS ....................................
14
8.1
Certain Definitions................................................................................................
14
8.2
Right of Indemnification.......................................................................................
14
(a) Standards of Conduct................................................................................
14
(b) Settlement.................................................................................................
15
8.3
Indemnification Prohibited...................................................................................
15
8.4
Prior Authorization Required................................................................................
15
•
8.5 Success on Merits or Otherwise............................................................................ 15
8.6 Advancement of Expenses.................................................................................... 15
8.7 Payment Procedures.............................................................................................. 16
8.8 Notification to Members....................................................................................... 16
8.9 Authority to Insure................................................................................................ 16
8.10 Right to Impose Conditions to Indemnification.................................................... 16
8.11 Other Rights and Remedies.................................................................................. 16
8.12 Applicability Effect............................................................................................... 17
8.13 Indemnification of A€ents.................................................................................... 17
8.14 Savings Clause; Limitation................................................................................... 17
ARTICLEIX MISCELLANEOUS............................................................................................... 17
9.1 Amendment of Bylaws .......................................................................................... 17
9.2 Compensation of Officers, Directors and Members ............................................. 17
9.3 Books and Records............................................................................................... 18
9.4 Annual Report....................................................................................................... 18
9.5 Statement of Account............................................................................................ 18
9.6 Corporate Reports................................................................................................. 18
9.7 Fiscal Year............................................................................................................ 18
9.8 Seal........................................................................................................................ 19
9.9 Shares of Stock and Dividends Prohibited............................................................ 19
9.10 Loans to Directors, Officers and Members Prohibited ......................................... 19
9.11 Limited Liability................................................................................................... 19
9.12 Special Rights of First Mortyaagees....................................................................... 19
9.13 Minutes and Presumptions Thereunder................................................................ 19
9.14 Record of Mortgagees ........................................................................................... 19
9.15 Checks, Drafts, and Documents............................................................................ 19
9.16 Execution of Documents....................................................................................... 20
ARTICLE X NOTICE AND HEARING PROCEDURE............................................................. 20
10.1 Association's Enforcement Rights........................................................................ 20
10.2 Written Complaint................................................................................................ 20
10.3 Notice of Complaint and Notice of Defense......................................................... 20
10.4 Tribunal.................................................................................................................21
10.5 Notice of Hearing.................................................................................................. 21
10.6 Hearing..................................................................................................................22
10.7 Decision................................................................................................................ 23
L
r�
u
E
BYLAWS
OF
MONARCH ON THE PARK CONDOMINIUM OWNERS ASSOCIATION
ARTICLE I
GENERAL
1.1 Purpose of Bylaws. These bylaws ("Bylaws") are adopted for the regulation and
management of the affairs of Monarch on the Park Condominium Owners Association, a Colorado
non-profit corporation ("Association"). The Association has been organized as a Colorado
corporation under the Colorado Revised Nonprofit Corporation Act ("CRNCA") to act as the
association under the Declaration of Covenants, Conditions and Restrictions for Monarch on the
Park ("Declaration"), to perform the functions as provided in the Declaration and to further the
interests of Owners of Units within the Condominium.
1.2 Terms Defined in Declaration. Capitalized terms in these Bylaws shall have the same
meaning as any similarly capitalized terms in the Declaration.
1.3 Controlling Laws and Instruments. These Bylaws are controlled by and shall always
be consistent with the provisions of CRNCA, the Colorado Common Interest Ownership Act
("CCIOA"), the Declaration and the Articles of Incorporation of Monarch on the Park
Condominium Owners Association filed with the Secretary of State of Colorado, as any of the
foregoing may be amended from time to time.
ARTICLE II
OFFICES
2.1 Principal Office. The initial principal office of the corporation shall be c/o General
Management Real Estate Services, 1201 Galapago Street, #101, Denver, Colorado 80204, Awl:
Gerald M. Biehl. The Board of Directors, in its discretion, may change, from time to time, the
location of the principal office.
2.2 Registered Office and Agent. CRNCA requires that the Association have and
continuously maintain in the State of Colorado a registered office and a registered agent whose
business office is identical with such registered office. The registered office need not be the same as
the principal office of the Association. The initial registered office and the initial registered agent are
specified in the Articles of Incorporation of the Association but may be changed by the Association
at any time, without amendment to the Articles of Incorporation, by filing a statement as specified by
law in the Office of the Secretary of State of Colorado.
ARTICLE III
MEMBERS
3.1 Members. A "Member," as provided in the Declaration, is the Person, or if more than
one, all Persons collectively, who constitute the Owner of a Unit within the Condominium.
3.2 Memberships Appurtenant to Unit. Each Membership shall be appurtenant to the fee
simple title to a Unit. The Person or Persons who constitute the Owner of fee simple title to a Unit
shall automatically be the holder of the Membership appurtenant to that Unit and the Membership
shall automatically pass with fee simple title to the Unit.
3.3 Members' Voting. Rights. Each Member, as an Owner of a Unit, shall have the right
to cast one (1) vote in accordance with the Declaration.
3.4 Voting by Joint Owners. If there is more than one Person who constitutes the Owner
of a Unit, each such Person shall be entitled to attend any meeting of Members of the Association but
the voting power attributable to the Unit shall not be increased. In all cases in which more than one
(1) Person constitutes the Owner of a Unit, including instances in which a Unit is owned by a
husband and wife, then, unless written notice to the contrary, signed by any one of such Persons, is
given to the Board of Directors of the Association prior to the meeting, any one (1) such Person shall
be entitled to cast, in person or by proxy, the vote attributable to the Unit. Fractional voting of the
vote attributable to any Unit among those Persons who constitute the Owner of a Unit shall not be
allowed. If the Owners of a Unit cannot agree among themselves as to how to cast their vote on a
particular matter, they shall lose their right to vote on such matter. If any Owner casts a vote
representing a Membership appurtenant to a particular Unit, it will thereafter be presumed for all
purposes that the Owner was acting with the authority and consent of all other Owners with whom
such Owner shares the Membership, unless objection thereto is made by an Owner of that Unit to the
person presiding over the meeting at or prior to the time the vote is cast. If more than the number of
allocated votes is cast for any particular Membership, none of such votes shall be counted, and all of
such votes shall be deemed null and void.
3.5 Suspension of Voting Rights. The Board of Directors may suspend the voting rights
of a Member during and for up to sixty (60) days following any breach by such Member of any
provision of the Declaration or of any Rule or Regulation adopted by the Association unless such
breach is a continuing breach, in which case such suspension shall continue for so long as such
breach continues and for up to sixty (60) days thereafter. Notwithstanding anything to the contrary
contained herein, only Members whose voting rights are in good standing (e.g., voting rights which
have not been suspended as provided herein) shall be entitled to vote on Association matters.
3.6 Transfer of Memberships on Association Books. Transfers of Memberships shall be
made on the books of the Association only upon presentation of evidence, satisfactory to the
Association, of the transfer of ownership of the Unit to which the Membership is appurtenant. Prior
to presentation of such evidence, the Association may treat the previous Owner as the Owner of the
2
0 •
Membership entitled to all rights in connection therewith, including the rights to vote and to receive
notice.
3.7 Assignment of Voting Rights to Mortgagees. A Member may assign his voting rights
to any First Mortgagee by duly executed proxies timely delivered to the Association. Any such
assignment of voting rights and any revocation or termination of any assignment of voting rights
shall be in writing and shall be filed with the Secretary of the Association.
ARTICLE IV
MEETING OF MEMBERS
4.1 Place of Members' Meetings. Meetings of Members shall be held at the principal
office of the Association or at such other place, within or convenient to the Condominium, as may be
fixed by the Board of Directors and specified in the notice of the meeting.
4.2 Annual Meetings of Members. Annual meetings of the Members shall be held on
such day and at such time of day as is fixed by the Board of Directors of the Association and
specified in the notice of the meeting. An annual meeting shall be held each calendar year to elect
Directors of the Association and to transact such other business as may properly come before the
meeting.
4.3 Special Meetings of Members. Special meetings of the Members may be called by
the Declarant, the President or the Board of Directors of the Association or by Members holding not
less than twenty percent (20%) of the total votes of all Members. No business shall be transacted at a
special meeting of Members except as indicated in the notice thereof.
4.4 Meeting to Approve Annual Budget. The Association budget shall be approved as
provided in the Declaration.
4.5 Record Date. For the purpose of determining Members entitled to notice of, or to
vote at, any meeting of Members or in order to make a determination of such Members for any other
proper purpose, the Board of Directors of the Association may fix, in advance, a date as the record
date for any such determination of Members. The record date shall be not more than fifty (50) days
prior to the meeting of Members or the event requiring a determination of Members.
4.6 Notice of Members' Meetimo. Written notice stating the place, day and hour of
any meeting shall be delivered not less than ten (10) nor more than fifty (50) days before the date
of the meeting, either personally or by mail, by or at the direction of the President or the
Secretary of the Association or the officers or persons calling the meeting, to each Member
entitled to vote at such meeting. The notice of an annual meeting shall include the names of any
known candidate for Director and shall identify any other matter that it is known may come
before the meeting. The notice of a special meeting shall state the purpose or purposes for which
the meeting is called. If mailed, such notice shall be deemed to be delivered when deposited in
the United States mail addressed to the Member at his address as it appears on the records of the
Association, with postage thereon prepaid. Such notice shall also be posted in a conspicuous
place in the Condominium, such as on a notice board outside the principal office of the
Association, and such notice shall be deemed to be delivered to any Member upon such posting if
such Member has not furnished an address for mailing of notice to the Association. If the
Association maintains a website, all notices and agendas shall be posted on the website. If
electronic notice is available, notice of all regular and special meetings shall be sent
electronically to all Members who so request and who furnish the Association with their
electronic mail addresses, as soon as possible but at least twenty-four (24) hours before a
meeting.
4.7 Proxies. A Member entitled to vote may vote in person or by proxy executed in
writing by the Member or his duly authorized attorney -in -fact and filed with the Secretary prior to
the time the proxy is exercised. Any proxy may be revoked, prior to the time the proxy is exercised,
by a Member in person at a meeting or by revocation in writing filed with the Secretary. A proxy
shall automatically cease upon the conveyance by a Member of the Unit of the Member and the
transfer of the Membership on the books of the Association. No proxy shall be valid after eleven
(11) months from the date of its execution unless otherwise provided in the proxy and no proxy shall
be valid in any event for more than three (3) years after its date of execution. Any form of proxy
furnished or solicited by the Association and any form of written ballot furnished by the Association
shall afford an opportunity thereon for Members to specify a choice between approval and
disapproval of each matter or group of related matters which is known at the time the form of proxy
or written ballot is prepared, may come before the meeting and shall provide, subject to reasonably
specified conditions, that if a Member specifies a choice with respect to any such matter, the vote
shall be cast in accordance therewith.
4.8 Quorum at Members' Meetings. All regular and special meetings of the Members
must be open to attendance by all Members. Upon the request of one or more Members, a vote on
any matter affecting the Condominium in regard to which all Members are entitled to vote must be
by secret ballot. Except as may be otherwise provided in the Declaration, the Articles of
Incorporation or these Bylaws, the presence, in person or by proxy, of Members entitled to cast a
majority of the votes of all Members shall constitute a quorum at any meeting of such Members.
Members present in person or by proxy at a duly organized meeting may continue to transact
business until adjournment, notwithstanding the withdrawal of a Member so as to leave less than a
quorum. If the required quorum is not present in person or by proxy at any meeting of Members,
another meeting may be called, subject to the notice requirements herein above specified, in order to
achieve the required quorum.
4.9 Adjournment of Members' Meetings. A majority of those Members present in person
at any meeting may adjourn the meeting from time to time, whether or not a quorum shall be present
in person or by proxy, without notice other than announcement at the meeting, for a total period or
periods not to exceed thirty (30) days after the date set for the original meeting. At any adjourned
meeting which is held without notice other than announcement at the meeting, the quorum
requirement shall not be reduced or changed, but if the originally required quorum is present in
person or by proxy, any business may be transacted which might have been transacted at the meeting
as originally called.
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4.10 Vote Required at Members' Meetings. At any meeting if a quorum is present, a
majority of the votes present in person or by proxy and entitled to be cast on a matter shall be
necessary for the adoption of the matter, unless otherwise required by law, the Declaration, the
Articles of Incorporation or these Bylaws, except that in the case of elections in which there are more
than two (2) candidates the person receiving the highest number of votes cast shall be elected.
4.11 Cumulative Voting Not Permitted. Cumulative voting by Members in the election of
Directors shall not be permitted.
4.12 Order of Business. The order of business at any meeting of Members shall be as
follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of
meeting or waiver or notice; (c) election of Directors (at annual meetings or special meetings held for
such purpose); and (d) any other Association business.
4.13 Expenses of Meetings. The Association shall bear the expenses of all meetings of
Members.
4.14 Waiver of Notice. A waiver of notice of any meeting of Members, signed by a
Member, whether before or after the meeting, shall be equivalent to the giving of notice of the
meeting to such Member. Attendance of a Member at a meeting, either in person or by proxy, shall
constitute waiver of notice of such meeting except when the Member attends for the express purpose
of objecting to the transaction of business because the meeting is not lawfully called or convened.
4.15 Action of Members Without a Meeting. Any action required to be taken or which
may be taken at a meeting of Members may be taken without a meeting if consent, in writing, setting
forth the action so taken, shall be signed by all of the Members entitled to vote with respect to the
subject matter thereof.
4.16 Electronic Meetings. Member meetings may be held by telephone, video conference,
real time internet conference or other similar electronic communication provided that all Members
present at the meeting have two way communications during the meeting.
ARTICLE V
BOARD OF DIRECTORS
5.1 General Powers and Duties of Board of Directors. The Board of Directors shall have
the duty to manage and supervise the affairs of the Association and shall have all powers necessary
or desirable to permit it to do so. Without limiting the generality of the foregoing, the Board of
Directors shall have the power to exercise or cause to be exercised for the Association, all of the
powers, rights and authority of the Association not reserved to Members in the Declaration, the
Articles of Incorporation, these Bylaws, CRNCA or CCIOA, as the same may be amended from time
to time. For purposes of CCIOA and these Bylaws, the Board of Directors is synonymous with the
Executive Board of Directors.
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5.2 S12ecial Powers and Duties of Board of Directors. Without limiting the foregoing
statement of general powers and duties of the Board of Directors or the powers and duties of the
Board of Directors as set forth in the Declaration, the Board of Directors of the Association shall be
vested with and responsible for the following specific powers and duties:
(a) Assessments. The duty to fix and levy from time to time General
Assessments, Special Assessments, Default Assessments and other charges upon the Members of the
Association as provided in the Declaration; to determine and fix the due date for the payment of such
Assessments and the date upon which the same shall become delinquent; and to enforce the payment
of such delinquent Assessments as provided in the Declaration;
(b) Taxes. The duty to pay all taxes and Assessments levied upon the Association
Property and all taxes and Assessments payable by the Association. The Board of Directors shall
also have the power to contest any such taxes or Assessments in accordance with the provisions
contained in the Declaration.
(c) Insurance. The duty to contract and pay premiums for fire and casualty,
liability and other insurance in accordance with the provisions of the Declaration;
(d) Common Area. The duty to manage and care for the Common Elements, to
employ personnel necessary for the care and operation of the Common Elements and to contract and
pay for necessary Improvements on property owned by the Association;
(e) Agents and Employees. Subject to applicable employment laws, the power to
select, appoint and remove all officers, agents and employees of the Association and to prescribe
such powers and duties for them as may be consistent with law, with the Articles of Incorporation,
the Declaration and these Bylaws; and to fix their compensation and to require from them security
for faithful service as deemed advisable by the Board of Directors;
(f) Borrowing. The power, with the approval of the Members representing at
least sixty-seven (67%) of the voting power of the Association, to borrow money and to incur
indebtedness for the purpose of the Association, and to cause to be executed and delivered therefor,
in the Association's name, promissory notes, bonds, debentures, mortgages, pledges, hypothecations
or other evidences of debt and securities therefor;
(g) Enforcement. The power to enforce the provisions of the Declaration, the
Rules and Regulations of the Association, these Bylaws or other agreements of the Association;
(h) Delegation of Powers. The power to delegate its powers according to law
including, for example, the power to establish executive committees; and
(i) Rules and Regulations. The power to adopt such Rules and Regulations with
respect to the interpretation and implementation of the Declaration, use of Common Elements and
use of any property within the Condominium, including Units; provided, however, that such Rules
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and Regulations shall be enforceable only to the extent that they are consistent with the Declaration,
the Articles of Incorporation and these Bylaws.
5.3 Qualifications of Directors. A Director must be an Owner of a Unit within the
Condominium or, if the Owner of any such Unit is a partnership, corporation, limited liability
company or other entity, must be a designated representative of such partnership, corporation,
limited liability company or other entity. If a Director conveys or transfers title to his Unit, or if a
Director who is a designated representative of a partnership, corporation, limited liability company or
other entity ceases to be such designated representative, or if the partnership, corporation, limited
liability company or other entity of which a Director is a designated representative transfers title to
its Unit, such Director's term as Director shall immediately terminate and a new Director shall be
appointed by the remaining Directors (see Section 5.8) as promptly as possible to take such
Director's place. A Director may be re-elected and there shall be no limit on the number of terms a
Director may serve.
5.4 Appointment and Election of Directors. Notwithstanding any other provision
contained herein:
(a) Prior to the time Members, other than Declarant, own twenty-five percent
(25%) of the Units, all Directors shall be appointed by Declarant. All Directors appointed by
Declarant shall be subject to removal at any time and from time to time, by Declarant, in its sole and
absolute discretion.
(b) Subject to the terms and conditions of Sections 5.4(c) and (d) below, but
notwithstanding anything else to the contrary contained in these Bylaws or in any other Association
Document, Declarant shall have the exclusive right to appoint and remove all Directors during the
Declarant Control Period. The phrase "Declarant Control Period" means the period commencing on
the date on which Declarant forms the Association and ending on the earliest to occur of: (i) the date
that is sixty (60) days after conveyance to Purchasers of 75 percent (75%) of the maximum number
of Units that may be created by Declarant under the Declaration; (ii) the date that is two (2) years
after the last conveyance of a Unit by Declarant or a Successor Declarant in the ordinary course of
business; or (iii) when, in its discretion, Declarant so determines.
(c) Declarant may voluntarily surrender its right to appoint and remove Directors
prior to the expiration of the Declarant Control Period, but, in that event, Declarant may require, for
the remainder of the Declarant Control Period, that specific actions of the Association or the Board
of Directors, as described in a recorded instrument executed by Declarant, be approved by the
Declarant before they become effective.
(d) Notwithstanding anything to the contrary contained in Section 5.4(b) above,
not later than sixty (60) days after the conveyance of twenty-five percent (25%) of the Units that may
be created under the Declaration to Purchasers, at least twenty-five percent (25%) of the then number
of Directors shal l be elected by Owners other than Declarant, and not later than sixty (60) days after
the conveyance of fifty percent (50%) of the Units that may be created under the Declaration to
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Purchasers, at least thirty-three and one third percent (33 1 /3%) of the Members of the Board of
Directors must be elected by Owners other than Declarant.
(e) During the thirty (30) day period immediately preceding the date on which the
Declarant Control Period expires, the Association shall call a special meeting at which time the
Members, including Declarant, if Declarant is the owner of any Units, shall elect all three (3)
Directors, at least a majority of whom must be Owners other than Declarant or designated
representatives of Owners other than Declarant. The Directors elected by the Members, including
Declarant, shall serve until the first annual meeting following the termination of the Declarant
Control Period. If such annual meeting occurs within thirty (30) days after termination of the
Declarant Control Period, this subparagraph shall not apply and Directors shall be elected in
accordance with Paragraph 5.5 below.
(f) The number of Directors may be increased by a vote of a majority of the
Owners.
(g) Votes for Directors must be taken by secret ballot. Ballots shall be counted by
a neutral third party or by a Member who is not a candidate, who attends the meeting at which the
vote is held, and who is selected at random from a pool of two (2) or more Members. The results of
the vote shall be reported without reference to names, addresses, or other identifying information.
5.5 Term of Office of Directors. The initial Directors named in the Articles of
Incorporation shall hold office until the first annual meeting of Members. At the first annual meeting
of the Members after termination of the Declarant's Control Period, the three (3) Directors shall be
elected as follows: Directors shall be elected by the Members, including Declarant, if Declarant is the
owner of any Unit in the Community Area. Two (2) Directors shall be elected for a term of two (2)
years, and one (1) Director shall be elected for a term of one (1) year. At the expiration of the initial
term of office of each member of the Board of Directors and at each annual meeting thereafter, a
successor shall be elected to serve for a term of two (2) years.
5.6 Removal of Directors. At any meeting of the Members, the notice of which indicates
such purpose, the Owners by a sixty-seven percent (67%) vote of all Owners represented and entitled
to vote at any meeting at which a quorum is present, may remove any Director, with or without
cause, other than a Director appointed by Declarant during the Declarant Control Period.
5.7 Resignation of Directors. Any Director may resign at any time by giving written
notice to the President, to the Secretary or to the Board of Directors at the registered office stating the
effective date of such resignation. Acceptance of such resignation shall not be necessary to make the
resignation effective.
5.8 Vacancies in Directors. Any vacancy occurring in the Board of Directors shall, unless
filled in accordance with Section 5.6, be filled by the appointment by the unanimous vote of the
remaining Directors. The person so appointed shall serve until the next annual or a special meeting
of Members whereby the Owners of Units shall vote to fill the vacancy. A Directorship to be filled
by reason of an increase in the number of Directors shall be filled only by vote of the Members
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except as otherwise provided in Section 5.4 for those positions to be appointed by Declarant during
the Declarant Control Period.
5.9 Executive Committee. The Board of Directors, by resolution adopted by a majority of
the Directors in office, may designate and appoint an Executive Committee, which shall consist of at
least one (1) Director which, unless otherwise provided in such resolution, shall have and exercise all
the authority of the Board of Directors except authority with respect to those matters specified in
CRNCA as matters which such committee may not have and exercise the authority of the Board of
Directors.
5.10 Other Committees of Association. The Board of Directors, by resolution adopted by a
majority of the Directors in office, may designate and appoint one (1) or more other committees,
which may consist of or include Members who are not Directors. Any such committee shall have
and exercise such authority as shall be specified in the resolution creating such committee except that
only a committee which consists of two (2) or more Directors may exercise such authority as can
only be exercised by the Board of Directors.
5.11 General Provisions Applicable to Committees. The designation and appointment of
any committee and the delegation thereto of authority shall not operate to relieve the Board of
Directors, or any individual Director, of any responsibility imposed upon it or him by law. The
provisions of these Bylaws with respect to notice of meeting, waiver of notice, quorums,
adjournments, vote required and action by consent applicable to meetings of Directors shall be
applicable to meetings of committees of the Board of Directors.
5.12 Manager or Managing Agent. The Board of Directors, by resolution adopted by a
majority of the Directors in office, shall, at any time at or prior to, or as soon as reasonably possible
after, the first annual meeting of the Board of Directors, designate and appoint a manager or a
managing agent, or both. The extent of the authority of such manager or agent shall be determined
by the Directors in the resolution. Any such resolution may delegate all or substantially all of the
powers and duties of the Board of Directors to any such manager or managing agent but the Board of
Directors, in delegating powers and duties to any such manager or managing agent, shall not be
relieved of its responsibilities under the Declaration. If the Board of Directors delegates the powers
of the Board of Directors or the officers relating to collection, deposit, transfer, or disbursement of
Association funds to other persons or to a managing agent, (i) the other person or managing agents
shall maintain fidelity insurance coverage or a bond in an amount not less than fifty thousand dollars
($50,000) or such higher amount as the Board of Directors may require; (ii) the other person or
managing agent shall maintain all funds and accounts of the Association separate from the funds and
accounts of other associations managed by the other person or managing agent and shall maintain all
reserve accounts of each association so managed separate from the operational accounts of the
Association; and (iii) an annual accounting for Association funds and a financial statement shall be
prepared and presented to the Association by the managing agent, a public accountant, or a certified
public accountant.
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ARTICLE VI
MEETING OF DIRECTORS
6.1 Place of Directors' Meetings. Meetings of the Board of Directors shall be held at the
principal office of the Association or at such other place, within or convenient to the Condom in ium.
as may be fixed by the Board of Directors and specified in the notice of the meeting.
6.2 Annual Meeting of Directors. Annual meetings of the Board of Directors shall be
held on the same date as, or within ten (l 0) days of, the annual meeting of Members. The business
to be conducted at the annual meeting of Directors shall consist of the appointment of officers of the
Association and the transaction of such other business as may properly come before the meeting. No
prior notice of the annual meeting of the Board of Directors shall be necessary if the meeting is held
on the same day and at the same place as the annual meeting of Members at which the Board of
Directors is elected or if the time and place of the annual meeting of the Board of Directors is
announced at the annual meeting of such Members.
6.3 Other Regular Meetings of Directors. The Board of Directors shall hold regular
meetings at least semi-annually and may, by resolution, establish in advance the times and places for
such regular meetings. No prior notice of any regular meetings need be given after establishment of
the times and places thereof by such resolution.
6.4 Special Meetings of Directors. Special meetings of the Board of Directors may be
called by the President or any two (2) members of the Board of Directors.
6.5 Notice of Directors' Meetings. In the case of all meetings of Directors for which
notice is required, notice stating the place, day and hour of the meeting shall be delivered not less
than three nor more than fifty (50) days before the date of the meeting, by mail, telegraph, telephone
or personally, by or at the direction of the persons calling the meeting, to each member of the Board
of Directors. If mailed, such notice shall be deemed to be delivered at 5:00 p.m. on the second
business day after it is deposited in the mail addressed to the Director at his home or business
address as either appears on the records of the Association, with postage thereon prepaid. If
telegraphed, such notice shall be deemed delivered at 5:00 p.m. on the next calendar day after it is
deposited in a telegraph office addressed to the Director at either such address, with all charges
thereon prepaid. If by telephone, such notice shall be deemed to be delivered when given by
telephone to the Director or to any person answering the phone who sounds competent and mature at
his home or business phone number as either appears on the records of the Association. If given
personally, such notice shall be deemed to be delivered upon delivery or a copy of a written notice to,
or upon verbally advising, the Director or some person who appears competent and mature at his
home or business address as either appears on the records of the Association. Neither the business to
be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be
specified in the notice or waiver of such meeting.
6.6 Proxies. A Director shall be entitled to vote by proxy at any meeting of Directors.
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6.7 Quorum of Directors. A majority of the number of Directors fixed in these Bylaws
shall constitute a quorum for the transaction of business.
6.8 Adjournment of Directors' Meetings. A majority of the Directors present at any
meeting of Directors may adjourn the meeting from time to time, whether or not a quorum shall be
present, without notice other than an announcement at the meeting, for a total period or periods not
to exceed 30 days after the date set for the original meeting. At any adjourned meeting which is held
without notice other than announcement at the meeting, the quorum requirement shall not be reduced
or changed, but if the originally required quorum is present, any business may be transacted which
may have been transacted at the meeting as originally called.
6.9 Vote Required at Directors' Meeting. At any meeting of the Directors, if a quorum is
present, a majority of the votes present in person and entitled to be cast on a matter shall be
necessary for the adoption of the matter, unless a greater proportion is required by law, the
Declaration, the Articles of Incorporation or these Bylaws.
6.10 Order of Business. The order of business at all meetings of Directors shall be as
follows: (a) roll call; (b) proof of notice of meeting or waiver of notice; (c) reports of officers; (d)
reports of committees; (e) unfinished business; and (f) new business.
6.11 Officers at Meetings. The President shall act as chairman and the Board of Directors
shall elect a Director to act as secretary at all meetings of Directors. In the absence of the President
or Secretary, the Directors may select from the Directors present at the meeting the persons to act as
chairman and secretary for the meeting.
6.12 Waiver of Notice. A waiver of notice of any meeting of the Board of Directors,
signed by a Director, whether before or after the meeting, shall be equivalent to the giving of notice
of the meeting to such Director. Attendance of a Director at a meeting in person shall constitute
waiver of notice of such meeting except when the Director attends for the express purpose of
objecting to the transaction of business because the meeting is not lawfully called or convened.
6.13 Electronic Meetings. Directors meetings may be held by telephone, video conference,
real time internet conference or other similar electronic communication provided that all Directors
consent to the forum of the communication and have, during the course of the meeting, two-way
communications with all Directors present at the meeting.
6.14 Action of Directors Without a Meeting. Any action required to be taken or which
may be taken at a meeting of Directors, may be taken without a meeting if consent in writing,
setting forth the action so taken, shall be signed by all of the Directors. In addition, any action
required to be taken or which may be taken at a meeting of Directors, may be taken without a
meeting if a written notice of the action proposed to be taken is sent to all Directors in
accordance with Section 6.5, which notice shall state the date by which a Director must respond
to the notice and, thereafter, each Director votes, in writing, for or against the proposed action or
abstains, or fails to respond and no Director demands a meeting to consider the proposed action.
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6.15 Executive Meetings. The Directors or any committee thereof may hold an
executive or closed -door session and may restrict attendance to Directors or committee members
and other persons requested by the Directors or committee. The matters to be discussed at an
executive session, however, may only include the following:
(a) Matters pertaining to employees of the Association or the managing agent's
contract or involving the employment, promotion, discipline, or dismissal of an
officer, agent or employee of the Association.
(b) Consultation with legal counsel concerning disputes that are the subject of
pending or imminent court proceedings or matters that are privileged or
confidential.
(c) Investigative proceedings concerning possible or actual criminal misconduct.
(d) Matters subject to specific constitutional, statutory, or judicially imposed
requirements protecting particular proceedings or matters from public disclosure.
(e) Any matter, the disclosure of which would constitute an unwarranted invasion of
individual privacy.
(f) Review of or discussion relating to any written or oral communication from legal
counsel.
Prior to the convening of an executive session, the Directors or committee must announce the
general matter of discussion as enumerated in the above paragraphs. No rule or regulation of the
Directors or committee thereof shall be adopted during an executive session. A rule or regulation
may be validly adopted only during a regular or special meeting, or after the body goes back into
regular session following an executive session. The minutes of all meetings at which an executive
session was held shall state that an executive session was held and the general subject matter of the
executive session.
6.16 Conflict of Interest. If any contract, decision or other action taken by or on behalf of
the Directors would benefit any Director or any person who is a parent, grandparent, spouse, child, or
sibling of a Director or a parent or spouse of any of those persons, that Director shall declare a
conflict of interest for that issue. The Director must declare this conflict in open meeting, prior to
any discussion or action on the issue. After making this declaration, the Director may participate in
the discussion but shall not vote on the issue. Any contract entered into in violation of this provision
shall be unenforceable.
ARTICLE VII
OFFICERS
7.1 Officers, Employees and Agents. The officers of the Association shall consist of a
President, a Secretary, a Treasurer and such other officers, assistant officers, employees and agents as
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may be deemed necessary by the Board of Directors. Officers other than the President need not be
Directors. The same person may simultaneously hold more than one (1) office.
7.2 Appointment and Term of Office of Officers. The officers shall be appointed by the
Board of Directors at the annual meeting of the Board of Directors and shall hold office, subject to
the pleasure of the Board of Directors, until the next annual meeting of the Board of Directors or
until their successors are appointed, whichever is later, unless the officer resigns, or is removed
earlier.
7.3 Removal of Officers. Any officer, employee or agent may be removed by the Board
of Directors, with or without cause, whenever in the Board of Directors of Director's judgment the
best interests of the Association will be served thereby. The removal of an officer, employee or
agent shall be without prejudice to the contract rights, if any, of the officer, employee or agent so
removed. Election or appointment of an officer, employee or agent shall not of itself create contract
rights.
7.4 Resignation of Officers. Any officer may resign at any time by giving written notice
to the President, the Secretary or the Board of Directors of the Association stating the effective date
of such resignation. Acceptance of such resignation shall not be necessary to make the resignation
effective.
7.5 Vacancies in Officers. Any vacancy occurring in any position as an officer may be
filled by the Board of Directors. An officer appointed to fill a vacancy shall be appointed for the
unexpired term of his predecessor in office.
7.6 President. The President shall be a member of the Board of Directors and shall be the
principal executive officer of the Association and, subject to the control of the Board of Directors,
shall direct, supervise, coordinate and have general control over the affairs of the Association, and
shall have the powers generally attributable to the chief executive officer of a corporation. The
President shall preside at all meetings of the Board of Directors and of the Members of the
Association.
7.7 Vice Presidents. The Vice Presidents may act in place of the President in case of his
death, absence or inability to act, and shall perform such other duties and have such authority as is
from time to time delegated by the Board of Directors or by the President.
7.8 Secretary. The Secretary shall be the custodian of the records and the seal of the
Association and shall affix the seal to all documents requiring the same; shall see that all notices are
duly given in accordance with the provisions of these Bylaws and as required by law and that the
books, reports and other documents and records of the Association are properly kept and filed; shall
take or cause to be taken and shall keep minutes of the meetings of Members (and shall endeavor to
provide a copy of such minutes to the Members at or before the next meeting of Members), of the
Board of Directors and of committees of the Board of Directors; shall keep at the principal office of
the Association a record of the names and addresses of the Members; and, in general, shall perform
all duties incident to the office of Secretary and such other duties as may, from time to time, be
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assigned to him by the Board of Directors or by the President. The Board of Directors may appoint
one (1) or more Assistant Secretaries who may act in place of the Secretary in case of his death,
absence or inability to act.
7.9 Treasurer. The Treasurer shall have charge and custody of, and be responsible for, all
funds and securities of the Association; shall deposit al I such funds in the name of the Association in
such depositories as shall be designated by the Board of Directors; shall keep correct and complete
financial records and books of account and records of financial transactions and condition of the
Association and shall submit such reports thereof as the Board of Directors may, from time to time,
require; shall arrange for the annual report required under Section 9.4 of these Bylaws; and, in
general, shall perform all the duties incident to the office of Treasurer and such other duties as may
from time to time be assigned to him by the Board of Directors or by the President. The Board of
Directors may appoint one (1) or more Assistant Treasurers who may act in place of the Treasurer in
case of his death, absence or inability to act. Upon approval by the Board of Directors, the Treasurer
may engage the services of a third party to keep the financial books and records of the Association.
7.10 Bonds. The Association may require fidelity bonds covering officers or other persons
handling funds of the Association. The Association shall pay the premiums for such bonds.
ARTICLE VIII
INDEMNIFICATION OF OFFICIALS AND AGENTS
8.1 Certain Definitions. A "Corporate Official" shall mean any Director or officer, as
hereinafter defined, and any former Director or officer of the Association. "Corporate Employee"
shall mean any employee and any former employee of the Association. "Expenses" shall mean all
costs and expenses, including attorneys' fees, liabilities, obligations, judgments and any amounts
paid in reasonable settlement of a Proceeding. "Proceeding" shall mean any claim, action, suit or
proceeding, whether threatened, pending or completed, and shall include appeals.
8.2 Right of Indemnification. The Association shall indemnify any Corporate Official
and any Corporate Employee against any and all Expenses actually and necessarily incurred by or
imposed upon him to the fullest extent required or permitted by law. The right of indemnification
shall not extend to any matter as to which such indemnification would not be lawful under the laws
of the State of Colorado.
(a) Standards of Conduct. The Association shall indemnify any Corporate
Official and any Corporate Employee against liability incurred in or as a result of the Proceeding if
the Corporate Official or Corporate Employee: (i) conducted himself or herself in good faith; (ii)
reasonably believed (A) in the case of a Director acting in his or her official capacity, that his or her
conduct was in the Association's best interests, or (B) in all other cases, that the Corporate Official's
or Corporate Employee's conduct was at least not opposed to the Association's best interests; and
(iii) in the case of any criminal Proceeding, the Corporate Official and Corporate Employee had no
reasonable cause to believe his or her conduct was unlawful.
14
(b) Settlement. The termination of any Proceeding by judgment, order, settlement
or conviction, or upon a plea of nolo contendere or its equivalent, is not of itself determinative that
the Corporate Official or Corporate Employee did not meet the applicable standards of conduct as set
forth in Subsection 8.2(a).
8.3 Indemnification Prohibited. The right of indemnification shall not extend to matters
as to which the Corporate Official or Corporate Employee: (i) has been adjudged liable for gross
negligence or willful misconduct in the performance of the Corporate Official's or Corporate
Employee's duty to the Association, or (ii) in connection with any Proceeding charging improper
personal benefit to such Corporate Official or Corporate Employee, in which the party was adjudged
liable on the basis that personal benefit was improperly received by such Corporate Official or
Corporate Employee (even if the Association was not thereby damaged). Notwithstanding the
foregoing, the Association shall indemnify such Corporate Official or Corporate Employee if and to
the extent required by the court conducting the Proceeding, or any other court of competent
jurisdiction to which such Corporate Official or Corporate Employee has applied, if it is determined
by such court, upon application by such Corporate Official or Corporate Employee, that despite the
adjudication of liability in the circumstances in clauses (i) and (ii) of this Subsection 8.3 or whether
or not the party met the applicable standards of conduct set forth in Subsection 8.2(a), and in view of
all relevant circumstances, the Corporate Official or Corporate Employee is fairly and reasonably
entitled to indemnification for such expenses as the court deems proper in accordance with CRNCA.
8.4 Prior Authorization Required. Any indemnification under Section 8.2 (unless ordered
by a court or in accordance with Section 8.5 below) shall be made by the Association only if
authorized in the specific case after a determination has been made that the Corporate Official or
Corporate Employee is eligible for indemnification in the circumstances because such Corporate
Official or Corporate Employee has met the applicable standards of conduct set forth in Subsection
8.2(a) and after an evaluation has been made as to the reasonableness of the Expenses. Any such
determination, evaluation and authorization shall be made by the Board of Directors by a majority
vote of a quorum of such Board of Directors, which quorum shall consist of Directors not parties to
the Proceeding, or by such other person or body as permitted by law.
8.5 Success on Merits or Otherwise. Notwithstanding any other provision of this Article
8, the Association shall indemnify such Corporate Official or Corporate Employee to the extent that
such party has been successful, on the merits or otherwise, including, without limitation, dismissal
without prejudice or settlement without admission of liability, in defense of any Proceeding to which
the party was a party against Expenses incurred by such party in connection therewith.
8.6 Advancement of Expenses. The Association may, but shall not be obligated to, pay
for or reimburse the Expenses, or a portion thereof, incurred by a party in advance of the final
disposition of the Proceeding if (a) the party furnishes the Association a written affirmation of such
parry's good faith belief that he or she has met the standard of conduct described in Subsection
8.2(a)(i); (b) the party furnishes the Association a written undertaking, executed personally or on
behalf of such party, to repay the advance if it is ultimately determined that the party did not meet
such standard of conduct; and (c) authorization of payment and a determination that the facts then
15
0 •
known to those making the determination would not preclude indemnification under this Article
have been made in the manner provided in Section 8.4. The undertaking required by clause (b) must
be an unlimited general obligation of the party, but need not be secured and may be accepted without
reference to financial ability to make repayment.
8.7 Payment Procedures. The Association shall promptly act upon any request for
indemnification, which request must be in writing and accompanied by the order of court or other
reasonably satisfactory evidence documenting disposition of the Proceeding in the case of
indemnification under Section 8.4, and by the written affirmation and undertaking to repay as
required by Section 8.5 in the case of indemnification under such Section 8.6. The right to
indemnification and advances granted by this Article shall be enforceable in any court of competent
jurisdiction if the Association denies the claim, in whole or in part, or if no disposition of such claim
is made within 90 days after written request for indemnification is made. A party's Expenses
incurred in connection with successfully establishing such party's right to indemnification, in whole
or in part, in any such Proceeding shall also be paid by the Association.
8.8 Notification to Members. Any indemnification of or advance of Expenses to a
Director (but not to any other party) in accordance with this Article, if arising out of a Proceeding by
or on behalf of the Association, shall be reported in writing to the Members with or before the notice
of the next meeting of Members.
8.9 Authority to Insure. The Association may purchase and maintain liability insurance
on behalf of any Corporate Official or Corporate Employee against any liability asserted against him
and incurred by him as a Corporate Official or Corporate Employee or arising out of his status as
such, including liabilities for which a Corporate Official or Corporate Employee might not be
entitled to indemnification hereunder.
8.10 Right to Impose Conditions to Indemnification. The Association shall have the right
to impose, as conditions to any indemnification provided or permitted in this Article, such reasonable
requirements and conditions as may appear appropriate to the Board of Directors in each specific
case and circumstances, including, but not limited to, any one or more of the following: (a) that any
counsel representing the party to be indemnified in connection with the defense or settlement of any
Proceeding shall be counsel mutually agreeable to the party and to the Association; (b) that the
Association shall have the right, at its option, to assume and control the defense or settlement of any
Proceeding made, initiated, or threatened against the party to be indemnified; and (c) that the
Association shall be subrogated, to the extent of any payments made by way of indemnification, to
all of the indemnified party's right of recovery, and that the party to be indemnified shall execute all
writings and do everything necessary to assure such rights of subrogation to the Association.
8.11 Other Rights and Remedies. The indemnification provided by this Article shall be in
addition to any other rights which a party may have or hereafter acquire under any law, provision of
the Articles of Incorporation, any other or further provision of these Bylaws, vote of the Members or
Board of Directors, agreement or otherwise.
Ir.
8.12 Applicability Effect. The indemnification provided in this Article shall be applicable
to acts or omissions that occurred prior to the adoption of this Article shall continue as to any party
entitled to indemnification under this Article who has ceased to be a Director, officer or employee of
the Association. The repeal or amendment of this Article or of any Section or provision hereof that
would have the effect of limiting, qualifying or restricting any of the powers or rights of
indemnification provided or permitted in this Article shall not, solely by reason of such repeal or
amendment, eliminate, restrict or otherwise affect the right or power of the Association to indemnify
any person, or affect any rights of indemnification of such person, with respect to any acts or
omissions that occurred prior to such repeal or amendment. All rights to indemnification under this
Article shall be deemed to be provided by a contract between the Association and each party covered
hereby.
8.13 Indemnification of Agents. The Association shall have the right, but shall not be
obligated, to indemnify any agent of the Association not otherwise covered by this Article to the
fullest extent permissible by the laws of Colorado. Unless otherwise provided in any separate
indemnification arrangement, any such indemnification shall be made only as authorized in the
specific case and in the manner provided in Section 8.3.
8.14 Savings Clause; Limitation. If this Article or any Section or provision hereof shall be
invalidated by any court on any ground, or if CRNCA is amended in such a way as to affect this
Article, then the Association shall nevertheless indemnify each party otherwise entitled to
indemnification hereunder to the fullest extent permitted by law or any applicable provision of this
Article that shall not have been invalidated.
ARTICLE IX
MISCELLANEOUS
9.1 Amendment of Bylaws. The Board of Directors may alter, amend or repeal or adopt
new Bylaws at any time prior to the conveyance of the first Unit to an Owner other than Declarant.
Thereafter the Members shall have the exclusive power to alter, award or repeal the Bylaws. The
Members, at a meeting called for that purpose, shall have the sole power to alter, amend or repeal the
Bylaws and to adopt new Bylaws by a vote of at least sixty-seven percent (67%) of the votes present
at the meeting and entitled to vote hereunder, if a quorum is present. The Bylaws may contain any
provision for the regulation or management of the affairs of the Association not inconsistent with
law, the Declaration or the Articles of Incorporation. Notwithstanding anything to the contrary
contained herein and to the extent permitted by CRNCA, prior to the termination of the Declarant's
Control Period, these Bylaws shall not be amended without Declarant's prior written consent and
approval.
9.2 Compensation of Officers, Directors and Members. No Director shall have the right
to receive any compensation from the Association for serving as such Director except for
reimbursement of expenses as may be approved by resolution of disinterested members of the Board
of Directors. Officers, members of the Architectural Review Committee, agents and employees may
17
receive such reasonable compensation as may be approved by the Board of Directors. Appointment
of a person as an officer, agent or employee shall not, of itself, create any right to compensation.
9.3 Books and Records. The Association shall keep correct and complete books and
records of account; shall keep the minutes of the proceedings of its Members, its Board of Directors,
and any committee having any of the authority of the Board of Directors; and shall keep, at its
principal office in Colorado, a record of the names and addresses of its Members, and copies of the
Declaration, the Articles of Incorporation and these Bylaw. All books and records of the
Association, including the Articles of Incorporation, Bylaws as amended and minutes of meetings of
Members and Directors, may be inspected by any Member, or his agent or attorney, and any First
Mortgagee of a Member for any proper purpose at any reasonable time. The right of inspection shall
be subject to any reasonable rules adopted by the Board of Directors requiring advance notice of
inspection, specifying hours and days of the week during which inspection will be permitted and
establishing reasonable fees for any copies to be made or furnished. The Association may charge a
reasonable fee for copying such materials.
9.4 Annual Report. The Board of Directors shall cause to be prepared and distributed to
each Member and to each First Mortgagee who has fled a written request therefor, not later than
ninety (90) days after the close of each fiscal year of the Association containing (a) an income
statement reflecting income and expenditures of the Association for such fiscal year; (b) a balance
sheet as of the end of such fiscal year; (c) a statement of changes in financial position for such fiscal
year; and (d) a statement of the place of the principal office of the Association where the books and
records of the Association, including a list of names and addresses of current Members, may be
found.
9.5 Statement of Account. Upon payment of a reasonable fee to be determined by the
Association and upon written request of an Owner of a Unit or any person with any right, title or
interest in a Unit or intending to acquire any right, title or interest in a Unit, the Association shall
furnish, within ten (10) days after the receipt of such request, a written statement of account setting
forth the amount of unpaid Assessments, or other amounts, if any, due or accrued and then unpaid
with respect to the Unit, the Owner of the Unit, and Guests of such Owner and the amount of the
Assessments for the current fiscal period of the Association payable with respect to the Unit. Such
statement shall, with respect to the party to whom it is issued, be conclusive against the Association
and all parties, for all purposes, that no greater or other amounts were then due or accrued and unpaid
and that no other Assessments have then been levied.
9.6 Corporate Reports. The Association shall file with the Secretary of State of Colorado,
within the time prescribed by law, Corporate reports on the forms prescribed and furnished by the
Secretary of State and containing the information required by law and shall pay the fee for such filing
as prescribed by law.
9.7 Fiscal Year. The fiscal year of the Association shall begin on January 1 and end the
succeeding December 31 except that the first fiscal year shall begin on the date of incorporation. The
fiscal year may be changed by the Board of Directors without amending these Bylaws.
18
9.8 Seal. The Board of Directors may adopt a seal that shall have inscribed thereon the
name of the Association and the words "SEAL."
9.9 Shares of Stock and Dividends Prohibited. The Association shall not have or issue
shares of stock and no dividend shall be paid and no part of the income or profit of the Association
shall be distributed to its Members, Directors or officers. Notwithstanding the foregoing sentence,
the Association may issue certificates evidencing membership therein, may confer benefits upon its
Members in conformity with its purposes and, upon dissolution or final liquidation, may make
distributions as permitted by law, and no such payment, benefit or distribution shall be deemed to be
a dividend or distribution of income or profit.
9.10 Loans to Directors, Officers and Members Prohibited. No loan shall be made by the
Association to its Members, Directors or officers and any Director, officer or Member who assents to
or participates in the making of any such loan shall be liable to the Association for the amount of
such loan until the repayment thereof.
9.11 Limited Liability. As provided in the Declaration, the Association, the Board of
Directors, the Architectural Review Committee, Declarant, and any Member, agent or employee of
any of the same, shall not be liable to any Person for any action or for any failure to act if the action
taken or failure to act was in good faith and without malice.
9.12 Special Rights of First Mortgagees. Any First Mortgagee of a Mortgage encumbering
any Unit in the Condominium shall be entitled to the protections outlined in the Declaration.
9.13 Minutes and Presumptions Thereunder. Minutes or any similar record of the meetings
of Members or of the Board of Directors, when signed by the Secretary or acting Secretary of the
meeting, shall be presumed to truthfully evidence the matters set forth therein. A recitation in any
such minutes that notice of the meeting was properly given shall be prima facia evidence that the
notice was given.
9.14 Record of Mortgagees. Under the Declaration, First Mortgagees have certain rights.
Therefore, any such First Mortgagee or, upon the failure of such First Mortgagee, any Member who
has created or granted a First Mortgage, shall give written notice to the Association, through its
Manager, or through the Secretary in the event there is no Manager, which notice shall give the name
and address of the First Mortgagee and describe the Unit encumbered by the First Mortgage. The
Association shall maintain such information in a book entitled "Record of First Mortgages on Units."
Any such First Mortgagee or such Member shall likewise give written notice to the Association at
the time of release or discharge of any such First Mortgage.
9.15 Checks. Drafts, and Documents. All checks, drafts or other orders for payment of
money, notes or other evidences of indebtedness, issued by the Association or payable to the
Association, shall be signed or endorsed by such person or persons, and in such manner as, from time
to time, shall be determined by resolution of the Board of Directors.
•
9.16 Execution of Documents. The Board of Directors, except as these Bylaws otherwise
provide, may authorize any officer or officers, agent or agents, to enter into any contract or execute
any instrument in the name and on behalf of the Association, and such authority may be general or
confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent
or employee shall have any power or authority to bind the Association by contract or engagement or
to pledge its credit or to render it liable for any purpose or in any amount.
ARTICLE X
NOTICE AND HEARING PROCEDURE
10.1 Association's Enforcement Rights. In the event of an alleged violation by a Member
(`Respondent") of the Declaration, these Bylaws or the Rules and Regulations of the Association,
the Board of Directors shall have the right, upon an affirmative vote of a majority of all Directors on
the Board of Directors, to take any one or more of the actions and to pursue one or more of the
remedies permitted under the provisions of the Declaration, these Bylaws or the Rules and
Regulations of the Association. If, under the provisions of the Declaration, these Bylaws, or such
Rules and Regulations, Notice and Hearing are required prior to taking action or pursuing remedies,
the following provisions of Article X of these Bylaws shall be applicable. The failure of the Board
of Directors or the Architectural Review Committee to enforce the Rules and Regulations of the
Association, these Bylaws or the Declaration shall not constitute a waiver of the right to enforce the
same thereafter. The remedies set forth and provided in the Declaration, the Rules and Regulations
of the Association or these Bylaws shall be cumulative and none shall be exclusive. However, any
individual Member must exhaust all available internal remedies of the Association prescribed by the
Declaration, these Bylaws and the Rules and Regulations of the Association, before that Member
may resort to a court of law for relief with respect to any alleged violation by another Member of the
Declaration, these Bylaws or the Rules and Regulations of the Association, provided that the
foregoing limitation pertaining to exhausting administrative remedies shall not apply to the Board of
Directors or to any Member where the complaint alleges nonpayment of Common Assessments,
Special Assessments, or Default Assessments.
10.2 Written Complaint. A Member may request that enforcement action under the
Declaration, the Rules and Regulations of the Association or these Bylaws be taken by the
Association against another Member or the Member's Guests. The request shall be initiated by any
Member by the filing with the President or the Board of Directors of the Association a written
complaint (`Complaint"). The Complaint shall contain a written statement of charges which shall
set forth in ordinary and concise language the acts or omissions with which the Respondent is
charged and a reference to the specific provisions of the Declaration, these Bylaws or the Rules and
Regulations of the Association which the Respondent is alleged to have violated.
10.3 Notice of Complaint and Notice of Defense. If the Board of Directors determines that
the Complaint is supported by substantial justification, a copy of the Complaint shall be served on
WE
each Respondent in accordance with the notice provisions set forth in the Declaration, together with
a statement that shall be substantially in the following form:
Unless a written request for a hearing signed by or on behalf of a person named as
Respondent in the accompanying Complaint is delivered or mailed to the Board of Directors
within 15 days after notice of the Complaint is served upon you, the Board of Directors may
proceed upon the Complaint without a hearing, and you will have thus waived your right to a
hearing. The request for a hearing may be made by delivering or mailing the enclosed form
entitled Notice of Defense to the Board of Directors at the address below.
You may, but need not, be represented by counsel at any or all stages of these proceedings. If
you desire the names and addresses of witnesses or an opportunity to inspect any relevant
writings or items on file in connection with this matter in the possession, custody or control
of the Board of Directors, you may contact:
Monarch on the Park Condominium Owners Association
Attn: Chairman of the Board of Directors
. Colorado
A Respondent shall be entitled to a hearing on the merits of the matter if the Notice of Defense is
timely filed with the Board of Directors. A Respondent may file a separate statement by way of
mitigation, even if he does not file a Notice of Defense.
10.4 Tribunal. The President shall appoint a Hearing Committee ("Tribunal") of three (3)
natural Persons upon receipt of a written Complaint. In appointing the members of the Tribunal, the
President should make a good faith effort to avoid appointing next -door neighbors of the Respondent
or any Member of the Association who are essential witnesses to the alleged violation giving rise to
the Complaint. The decision of the President shall be final, except that each Respondent may
challenge any member of the Tribunal for cause, where a fair and impartial hearing cannot be
afforded, at any time prior to the taking of evidence at the hearing. In the event of such a challenge,
the Board of Directors shall meet to determine the sufficiency of the challenge, without the President
voting. If such a challenge is sustained, the President shall appoint another member to replace the
challenged member of the Tribunal. All decisions of the Board of Directors in this regard shall be
final. The Tribunal shall elect a Chairman and appoint a hearing officer who shall take evidence and
ensure that a proper record of all proceedings is maintained.
10.5 Notice of Hearing. The Tribunal shall serve a Notice of Hearing, as provided herein,
on all parties at least ten (10) days prior to the hearing, if such hearing is requested by a Respondent.
The hearing shall be held no sooner than thirty (30) days after the Complaint is mailed or delivered
to each Respondent. The Notice of Hearing to each Respondent shall be substantially in the
following form but may include other information:
6
"You are hereby notified that a hearing will be held before a Tribunal appointed by the
President of Monarch on the Park Condominium Owners Association, at
[address of the Association]
on the day of , 20 at the hour of , upon the
charges made in the Complaint served upon you. You may be present at the hearing, may but
need not be represented by counsel, may present any relevant evidence, and will be given full
opportunity to cross-examine all witnesses testifying against you. You are entitled to seek
the attendance of witnesses and to compel the production of books, documents or other items
in the possession of Monarch on the Park Condominium Owners Association by applying to
the Board of Directors of Monarch on the Park Condominium Owners Association."
10.6 Hearing.
(a) Oral evidence shall be taken only on oath or affirmation administered by a
member of the Tribunal. The use of affidavits and written interrogatories in lieu of oral testimony
shall be encouraged by the Tribunal.
(b) Each party shall have these rights: to call and examine witnesses; to introduce
exhibits; to cross-examine witnesses on any matter relevant to the issues; to impeach any witness;
and to rebut the evidence against such party. If Respondent does not testify in his own behalf, he
may be called and examined as if under cross-examination.
(c) The hearing need not be conducted according to technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on
which responsible Persons are accustomed to rely in the conduct of serious affairs, regardless of the
existence of any common law or statutory rule that might make improper the admission of such
evidence over objection in civil actions. Hearsay evidence may be used for the purpose of
supplementing or explaining other evidence but shall not be sufficient in itself to support a finding
unless it would be admissible over objection in civil actions. The rules of privilege shall be effective
to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant
and unduly repetitive evidence shall be excluded.
(d) Neither the person filing the Complaint nor the Respondent must be in
attendance at the hearing. The hearing shall be open to attendance by any Members of the
Association to the extent of the permissible capacity of the hearing room.
(e) In rendering a decision, official notice may be taken at any time of any
provision of the Declaration, these Bylaws, the Rules and Regulations of the Association or any
generally understood matter within the working of the Association. Persons present at the hearing
shall be informed of the matters to be noticed by the Tribunal, and these matters shall be made a part
of the record of proceedings.
22
(f) The Tribunal may grant continuances on a showing of good cause.
(g) Whenever the Tribunal has commence to hear the matter and a member of the
Tribunal is forced to withdraw prior to a final determination by the Tribunal, the remaining members
shall continue to hear the case and the hearing officer shall replace the withdrawing member.
10.7 Decision. If a Respondent fails to file a Notice of Defense as provided in Section
10.3 of these Bylaws, or fails to appear at a hearing, the Tribunal may take action based upon the
evidence presented to it without further notice to Respondent. However, the Respondent may make
any showing by way of mitigation. The Tribunal will prepare written findings of fact and
recommendations for consideration by the Board of Directors. The Tribunal shall make its
determination only in accordance with these Bylaws. After all testimony and documentary evidence
has been presented by the Tribunal, the Tribunal may vote by secret written ballot upon the matter,
with a majority of the entire Tribunal controlling. A copy of the findings and recommendations of
the Tribunal may be posted by the Board of Directors at a conspicuous place in the Condominium,
and a copy shall be served by the President on each Person directly involved in the matter and his
attorney, if any, in accordance with the notice provisions set forth in the Declaration. Disciplinary
action, levy of a Reimbursement Assessment or other action or remedies which require Notice and
Hearing under the Declaration, these Bylaws or the Rules and Regulations of the Association shall be
imposed only by the Board of Directors of the Association and in accordance with the findings and
recommendations of the Tribunal. The Board of Directors may adopt the recommendations of the
Tribunal in their entirety or the Board of Directors may reduce the proposed penalty and adopt the
balance of the recommendations. In no event shall the Board of Directors impose more stringent
enforcement action than recommended by the Tribunal. The decision of the Board of Directors shall
be in writing and shall be served upon each Respondent, unless otherwise ordered in writing by the
Board of Directors. The Board of Directors may order a reconsideration at any time within fifteen
(15) days following service of its decision on the involved persons, on its own motion or on petition
by any party. However, no action against a Respondent arising from the alleged violation shall take
effect prior to the expiration of the later of (a) fifteen (15) days after each Respondent's receipt of the
Notice of Hearing; or (b) five (5) days after the hearing required herein.
23
CERTIFICATE OF SECRETARY
I, the undersigned, do hereby certify that:
1. I am the duly elected and acting Secretary of Monarch on the Park Condominium
Owners Association, a Colorado non-profit corporation ("Association"); and
2. The foregoing Bylaws, comprising 24 pages including this page, constitute the
Bylaws of the Association duly adopted at the meeting of the Board of Directors of the Association
duly held as of October 27, 2008.
In witness whereof, I have hereunto subscribed my hand and affixed the seal of the
Association as of this 27t' day of October 2008.
Susan Woolery, Secretary
24
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Rev.11/15/2005
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7. Name(s) and address(es) of the
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to be delivered for filing Roos Les
(Last) (First) (Middle) (suffix)
500 Golden Eagle Drive
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Broomfield CO 80020
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United States
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Rev. 11 / 15/2005
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•
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ABOVE SPACE FOR OFFICE USE ONLY
Articles of Incorporation for a Nonprofit Corporation
filed pursuant to § 7-122-101 and § 7-122-102 of the Colorado Revised Statutes (C.R.S.)
1. The domestic entity name for the nonprofit corporation is
Monarch on the Park Condominium Association
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the nonprofit corporation's initial principal office is
Street address 1201 Galapago Street
Suite 101 (Street number and name)
Denver CO 80204
(City) (State (ZIP/Postal Code)
United' States
(Province — if applicable) (Country)
Mailing address
1 Icacc blank if same as street address) (Street number and name or Post Ojice Box information)
(City) (State) (ZIP/Postal Code)
(Province - if applicable) (Country)
3. The registered agent name and registered agent address of the nonprofit corporation's initial registered agent
are
Name
(if an individual) Roos Les
(Last) (First) (Middle) (Suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Street address 500 Golden Eagle Drive
(Street number and name)
Broomfield Co 80020
(City) (State) (ZIP Code)
ARTINC_NPC Page I of 3 Rev. 02/28/2008
•
•
Mailina address
(leave blank if same as street address)
(Street number and name or Post Office Box information)
(City)
CO
(State) (ZIP Code)
(The following statement is adopted by marking the box.)
❑✓ The person appointed as registered agent above has consented to being so appointed.
4. The true name and mailing address of the incorporator are
Name
(if an individual) Roos Les
(Last) (First) (Middle) (suffix)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name)
Mailing address 500 Golden Eagle Drive
(Street number and name or Post Office Box information)
Broomfield (sCO 80020
(city) Un(fead States (""ostal code)
(Province —ifapplicable) (Country)
(If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑ The corporation has one or more additional incorporators and the name and mailing address of each
additional incorporator are stated in an attachment.
5. (If the following statement applies, adopt the statement by marking the box.)
❑✓ The nonprofit corporation will have voting members.
6. (The following statement is adopted by marking the box.)
❑✓ Provisions regarding the distribution of assets on dissolution are included in an attachment.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
❑✓ This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(Ifthe following statement applies. adopt the statement by entering a date and, if applicable. time using the required format.)
The delayed effective date and, if applicable, time of this document is/are
(mm/dd/yyyy hour. -minute am/pm)
Notice:
Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
ARTINC_NPC Page 2 of 3 Rev. 02/28/2008
•
This perjury notice applies to each individual who causes this document to be delivered to the Secretary of
State, whether or not such individual is named in the document as one who has caused it to be delivered.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Roos Les
(Gast) (First) (Middle) (Suffix)
500 Golden Eagle Drive
(Street number and name or Post Office Box information)
Broomfield CO 80020
(City)
(State)
United States
(Province — if applicable) (Country)
(ZIP/Postal Code)
(If the following statement applies. adopt the statement by marking the box and include an attachment.)
❑ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTINC_NPC Page 3 of 3 Rev. 02/28/2008
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Click the following links to view attachments
Attachment 1
Articles of incorporation Attachment
•
OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE
I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the
records of this office,
Monarch on the Park Condominium Owners Association
is a Nonprofit Corporation formed or registered on 10/27/2008 under the law of Colorado, has complied
with all applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 20081565807.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 10/23/2008 that have been posted, and by documents delivered to this office electronically
through 10/27/2008 @ 19:56:48.
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated,
issued, delivered and communicated this official certificate at Denver, Colorado on 10/27/2008 @
19:56:48 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 7213292.
jgjka-*--�
Secretary of State of the State of Colorado
*********************************************Ettd of CCfIlfIC3tC*************************■******************
Notice: A certificate issued electronically from the Colorado Secretary ofState's Web site is fully and immediately valid and e,t ecrive. However.
as an option. the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of
the Secretary of State's Web site. htty://www.sos.state.co.us/biz/CeriificateSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate. and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is no
necessary to the valid and ey ctive issuance of a certificate. For more information. visit our Web site. htep://www.sos.state.co.us/ click Business
Center and select "Frequently Asked Questions. "
CERT GS D Revised 0812012008
0
CITY OF ASPEN
HRETT PAID
0�Tlt� �� `17-110 � yo6
Upon recording return to:
Les Roos
Cage Williams Abelman & Layden, P.C.
St. Elmo Building
1433 17th Street
Denver, CO 80202
CITY OF ASPEN
WRErr PAID
DATE REP NO.
1/5-7I 0 s e cs-» :) 0 6
General Warranty Deed
This General Warranty Deed ("Deed"), made between Limelite, Inc., a Colorado
corporation ("Grantor"), and Limelite Redevelopment LLC, a Colorado limited liability
company ("Grantee").
WITNESSF.TH, that Grantor, for and in consideration of Ten and /100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm, unto Grantee, its successors and
assigns forever, all the real property, together with improvements, situate, lying and being
in Pitkin County, Colorado described as follows:
Lots A and B, Block 77, City and Townsite of Aspen, County of
Pitkin, State of Colorado and Lots C, D, E, F, G, 11 and I, Block 77,
City and Townsite of Aspen, County of Pitkin, State of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anyway appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of Grantor, either in law or equity, of, in and to the above
bargained premises, with the hereditaments, easements, rights of way and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described
with the appurtenances, unto Grantee, its successors and assigns forever. Grantor, for
itself, and its successors and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the ensealing and delivery of
these presents, it is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right,
full power and lawful authority to grant, bargain, sell and convey the same in manner and
form as aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind
or nature whatsoever, except real property taxes and assessments for the calendar year
2005 and subsequent years a lien not yet due and payable, reservations and exceptions as
set forth in the Deed from the City of Aspen recorded in Book 59, Page 283 of the Clerk
and Recorder's Office for Pitkin County, Colorado, and a first Deed of Trust securing a
promissory note in the original principal amount of Eight Million Three Hundred Thirty
Two Thousand Five Hundred and 00/100 U.S. Dollars ($8,332,500) payable to the order
of Wells Fargo Bank, National Association.
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The Grantor shall and will WARRANT AND FOREVER DEFEND the above -
bargained premises in the quiet and peaceable possession of Grantee, its successors and
assigns, against all and every person or persons lawfully claiming the whole or any part
thereof.
IN WITNESS WHEREOF, Grantor has executed this General Warranty Deed as
of the date set forth below.
GRANTOR:
Limelite, Inc., a Colorado corporation
By:
ale Paas, President
STATE, OF COLORADO )
ss.
COUNTY OF
The foregoing instrument was acknowledged before me this Z-�Aday of January
2005, by Leroy Dale Paas, as President of Limelite, Inc., a Colorado corporation,
Grantor.
My c m ssion expires:
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[SEAL]
FRO,_ �WAO
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DENISE
PAUUDES
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SILVIA DAVIS P17KIN COUNTY CO R 11.00 D 1500.00
File No: 06101303
Additional Reference No:
Commitment Revision: C3
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Regarding Property Address: Monarch on the Park
Condominium Regime
Aspen, CO
1. Effective Date: October 29, 2006 @ 7:00 am
Issue Date: October 13, 2006
2. Policy (or Policies) to be issued:
(a) 1992 ALTA OWNER'S POLICY
Proposed Insured:
POLICY AMOUNT
(b) 1992 ALTA LOAN POLICY $32,900,000.00
Proposed Insured: U.S. Bank National Association
3. Fee Simple interest in the land described in this Commitment is owned, at the Effective Date, by
Limelite Redevelopment LLC, a Colorado limited liability company
4. The land referred to in the Commitment is described as follows:
SEE ATTACHED EXHIBIT "A"
Premiums
Construction Loan $21439.00
Issued at DENVER CO by: First National Title, LLC
4500 Cherry Creek Drive South #102
Glendale, CO 80246
JhCOCommitment - Schedule A This commitment is invalid unless the Insuring Page 1
Provisions and Schedule A and B are attached
File No: 06101303
Additional Reference No:
Commitment Revision: C3
EXHIBIT "A"
South Parcel, Limelight Subdivision/Planned Unit Development, as shown on plat recorded July 26, 2006 at Reception
No. 526850,
County of Pitkin, State of Colorado
FnCOCommitment - Schedule A This commitment is invalid unless the Insuring page 2
Provisions and Schedule A and B are attached
File No: 06101303
Commitment Revision: C3
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION I
REQUIREMENTS
Effective Date: October 29, 2006, 7:00am
The following requirements must be met:
(a) Pay the agreed amounts for the interest in the land and/or according to the mortgage to be insured.
(b) Pay us the premium, fees and charges for the policy.
(c) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be
signed, delivered and recorded:
1. Release of the Deed of Trust from Limelite Redevelopment, LLC for the use of Limelite, Inc. to secure
$6,750,000.00 dated January 12, 2005 and recorded January 27, 2005 at Reception No. 506428.
2. Partial Release of the Deed of Trust to Public Trustee, Security Agreement, Financing Statement, Assignment of
Leases and Rents and Fixture Filing from Limelite, Inc., a Colorado corporation and Limelite Redevelopment
LLC, a Colorado limited liability company to the Public Trustee of Pitkin County for the use of U.S. Bank
National Association to secure a principal sum of $10,500,000.00, dated February 17, 2006 and recorded February
22, 2006 at Reception No. 521060.
3. Warranty Deed from Limelite Redevelopment LLC, a Colorado limited liability company to Limelite, Inc., a
Colorado corporation sufficient to convey the fee simple estate or interest in the land described or referred to
herein.
4. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein, to
the proposed insured, Schedule A, Item B.
5. Payment of all taxes and assessments now due and payable.
JhCOCommitment - Schedule B - Section I This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached.
File No: 06101303
Commitment Revision: C3
Disclosure Pursuant to Colorado Revised Statues
Section 10-11-122
The subject real property may be located in special tax district:
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or
the County Treasurer's authorized agent;
Information regarding special districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder or the County Assessor.
Notice of Prospective owners required by
Colorado Insurance Regulation 3-5-1
When the company conducts the closing and is responsible for recording or filing the legal documents
resulting from the transaction, the Company shall be responsible for all matters which appear on the
record prior to such time of recording of filing.
Notice to prospective owners required by
Colorado Revised Statute 3-5-1-(VII)
Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of
Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued).
Additional Requirement will be added to the Commitment upon request of said coverage. Only upon
compliance of said requirements and approval from the Underwriter will said protection be given.
Notice of prospective owners required by
Colorado Revised Statute 10-11-123
Should be the title search and examination of the chain disclose a severance of the mineral estate from
the surface state the following will be added to Schedule B-2 exceptions:
A. That there is recorded evidence that mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that third party holds
some or all interest in oil, gas, other minerals, or geothermal energy in the property and
B. That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
Note: the underwriter must approve all requests for mineral protection on vacant or recently
improved land.
End of requirements
fnCOCommitment - Disclosure This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached.
•
•
Stewart Title Guaranty Company
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B - SECTION II
EXCEPTIONS
Effective Date: October 29, 2006 (a, 7:00am
Any policy we issue will have the following exceptions unless they are taken care of to our
satisfaction.
Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose and which are 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. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the
issuance thereof, water rights, claims or title to water.
6. Water rights, claims or title to water, whether or not shown by the public records.
7. Taxes or assessments which are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the public records.
8. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof, but
prior to the date the proposed insured acquires of record for value the estate or interest or
mortgage thereon covered by this commitment.
9. Any and all unpaid taxes, assessments and unredeemed tax sales.
10. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent
for the City and Townsite of Aspen recorded March 1, 1897 in Book 139, page 216.
IL . Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 by the Aspen City Council,
approving the Limelight Lodge Planned Development, and recorded on July 26, 2006 at
Reception No. 526847.
12. Subdivision/Planned Unit Development Agreement for Limelight Lodge
Subdivison/Planned Unit Development recorded July 26, 2006 at Reception No. 526848
13. Subdivision Plat of Limelight Subdivision/Planned Unit Development recorded on July
File No: 06101303
26, 2006 at Reception No. 526850.
14. Note: The following item will be added to the policy when issued:
Pending disbursement of full proceeds of the loan secured by the mortgage covered by the
policy, this policy insures only to the extent of the amount actually disbursed, but
increases as each disbursement is made in good faith and without any actual knowledge of
any defects in, or objections to the title, up to the face amount of this policy. This policy
does not guarantee the completion of the improvements nor the sufficiency of funds for
the completion thereof.
Note: Upon payment of all taxes and assessments now due and payable, as shown in
Schedule B - Section 1, Exception 9 will be amended to read as follows:
"Taxes and assessments for the year 2006 and subsequent years, a lien, not yet due or
payable."
End of Exceptions
fnCOCommitmen-Schedule B-Section It This commitment is invalid unless the Insuring Page I
Provisions and Schedule A and B are attached.
0
•
AUG, 26. 2006 9:50AM PITKIN COUNTY TITLE NO. 3914 P. 2
ORDINANCE NO. l
(SERIES OF 2006)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING THE
LIMELIGHT LODGE FINAL PLANNED UNIT DEVEI.OP14mENT AND
ASSOCIATED LAND USE REVIEWS TO CONSTRUCT 125 LODGE ROOMS
AND 15 RESIDENTL&L DWELLING UNITS ON THE LIMELITE LODGE,
DEEP POWDER. LODGE, AND SNOW LAXE INN PROPERTIES, DESCFaBFD
AS THE EASTERNMOST 10 FEET OF LOT C, LOTS D-I AND LOTS O-S,
BLOCK 76, CITY AND TOWNSITE OF ASPEN, AND LOTS A-1, BLOCK 77,
CITY OF ASPEN, PITrKIN COUNTY, COLORADO.
Parcel No. 2737-182-19.001
Parcel No. 2737-131-05-001
Parcel Na. 2737182-18-601
Parcel No. 2737-073-42.001
WHEREAS, the Community Development Department received an application
from Limelite Inc, and Limelito Redevelopment LLC, owners, represented by Steve
Szymanski, requesting approval of a Final Planned Unit Development, Partial Alley
Vacation, Rezoning, Subdivision, Wheeler Mountain View Plane Review, Residential
Design Standards Variances, Commercial Design Standard Variances, and Growth
Management Review, to construct 125 lodge units and seventeen (17) free market
residential dwelling units on the properties described as the easternmost 10 feet of Lot C,
Lots D-I and Lots O-S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block
77, City and Townsite of Aspen; and,
WHEREAS, the subject properties contain approximately 64,000 total square
feet and are located in the Lodge Zone District; and,
WHEREAS, the Community Development Director has determined in
consultation with the Applicants ftt it would be appropriate far the review of all of the
land use requests associated with the final PUD application to be combined with the
review of the final PUD application to ensure clarity in the final decision pursuant to
Land Use Code Section 26.304.060(13)(1), Combined reviews; and,
WHEREAS, pursuant to Land Use Code Section 26.445, Planned Unit
Development, the City Council may approve, approve with conditions, or deny a Final
Planned Unit Development request during a duly noticed public hearing after taking and
considering comments from the general public, and recommendations from the Planning
and Zoning Commission, Community Development Director, and relevant referral
agencies; and,
WHEREAS, during a duly noticed public hearing on December 6, 2005, the
Planning and Zoning Commission continued the review of the proposal to December 13,
2005;and,
526847
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AUG. 28. 2006 9:51AM PITKIN COUNTY TITLE NO. 3914 F. 3
WHEREAS, during a duly noticed public hearing on December 13, 2005, the
Planning and Zoning Commission approved Resolution No. 38, Series of 2005, by a five
to zero (5-0) vote, recommending that City Gauncil approve with conditions, the Limelight
LOdge final PUD and associated land use actions to construct an incentive lodge consisting
of 125 lodge units and seventeen (17) &ee market residential units; and,
WHEREAS, during a' duly noticed public hearing on January 23, 2006, the
Aspen City Council continued the review of the application to February 6`6; and,
WHEREAS, the Applicants submitted a revised proposal containing 125 lodge
units and fifteen (15) free-market residential units; and,
WHEREAS, during a continued public hearing on February 6, 2006, the Aspen
Cily Council approved Ordinance No. 1, Series of 2006, by a four to one (4-1) vote,
approving with conditions, the Limelight Lodge final PUD and associated land use actions
to construct an incentive Iodge consisting of 125 lodge units and fifteen (15) froe-market
residential units; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal tinder the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral'agencies, and has taken and
considered public continent at a public hearing; and,
WHEREAS, the City Council finds that the. development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal,
with conditions, is consistent with the goals and elements of the Aspen Area Community
Plan; and,
WURP AS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Aspen City Council hereby approves the Limelight Lodge Final PUD application,
partial alley vacation, subdivision, rezoning to include a PUD overlay, Wheeler Mountain
View Plane Review, Commercial Design Standard Variances, and Growth Management
Review to construct 125 lodge units and fifteen (15) ffee market residential dwelling
units on the properties described as the easternmost 10 feet of Lot C, Lots D-1 and Tots
O-S, Block 76, of the City and Townsite of Aspen and Lots A -I, Block 77, City and
Townsite of Aspen, subject to the conditions contained herein.
I�� II ff 526847
Page: 2 of 11
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• •
AUG- 28. 2006 9:51AM PITKIN COUNTY TITLE 10.3914 P. 4
6ection 2: Rewnlne to Include a PUD Overlay
Pur6uant to the procedures and standards set forth in City of Aspen land Use Code Section
26.310, Amendments to the Land Use Cade and Official Zone District Map, City Council
hereby rezones the Limelite Lodge, Deep Powder bodge, and Snowflake Inn properties to
include a PUD overlay.
Section 3: SMhdivisio UD Plat d Agreement
The Applicants shall record a subdivision agreement that meets the requirements .of Land
Use Code Section 26,480 within 180 days of approval. Additionally, a final
Subdivision/PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's
Office within 180 days of the final approval and shall include the following:
a. A final plat meeting the requirements of the City Engineer and showing; easements,
encroachment agreements and licenses (with the reception numbers) for physical
improvements, and location of utility pedestals.
b. An illustrative site plan of the project showing the proposed improvements,
landscaping, parking, and the dimensional requirements as approved.
C. A drawing representing the project's architectural character.
d. A final grading and drainage plan.
C. A final utility plan.
Section 4: HuMne Permit Anplieatiou
The building permit application shall include the following;
a, A copy of the fnal Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building pen -nit set,
G. A completed tap permit for service with the Aspen Consolidated Sanitation District.
d. A tree removal permit as required by the City Parks Department and any approval
from the Parks Department Director for off -site replacement or mitigation of any
removed trees. The tree removal permit application shall be accompanied by a
detailed landscape plan indicating which trees are to be removed and new plantings
proposed on the site.
e, A drainage plan, including an erosion control plan and snow storage runoff plan,
prepared by a Colorado licensed Civil Engineer, which maintains sediment and
debris on -site diving and after construction. If a ground recharge system is
required, a soil percolation report will be required to correctly size the facility. A 5-
year storm frequency should be used in designing any drainage improvements.
is A final construction management plan pursuant to the requirements described in
Section 6 of this ordinance.
Illillll 526847
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AUG. 28. 2006 9:52AM PITKIN COUNTY TITLE N0. 3914 P. 5
g. A fugitive dust control plan to be reviewed and approved by the Engineering
Department.
h, An excavation/stabilimtion plan prepared by a licensed Engineer,
Section : Dinte slonal ReQuireMentA
The dimensional requirements established in this PUD are a$ follows:
Dimensional
P-0 Dimensional
Requirement
Rec airements
Minimum Lot Size
6,000 SF
Minimum Lot Width
60 Feet
Minimum l=roat Yard
U beet
Setback
Minimmm Side Yard
0 feet
Setback
Minunurn Rear Yard
0 Feet
Setback
Maximum Heigbt
Lodge, 46 Feet for Primary Roof
Height, 50 Feet for limitrd accent
elements, elevators, mechanical
enclosures, eta.* Per Roof Heigbt
Plan Prescrud at 2/6/06 City
Council Meeting
Residential; 42 Feet, measured
fiarn existing grade and 46 feet
for elevator head enclosures,
fireplace flues, and vent
teturinations.* Per hoof Height
Plan Presented at 2/6/06 City
Council Meetin .
Minimum Percent Open
77% Maximum Site Coverage
Space
Allowable External
2AI r
FAR
Minimum Off-Strect
.4 Parking Spaces per Lodge Unit
Parking
2 Parking Spaces per Residential
CYnit
See on 6t ConstraetiotManagement
A construction management plan shall be submitted with the building permit application
that meets the requirements of the current "Components of a Construction Management
Plan" handout that is available in the City of Aspen Building Department. The
construction management plan shall include at a minimum, a construction parking plan, a
construction staging and phasing plan, a construction worker transpoifiation plan, a plan
for accepting major construction -related deliveries with estimated delivery schedule, the
designation of haul routes, and an agreement with the City to participate with other
neighboring developments under construction to limit the impacts of construction. This
�IIIIII��II��III�iI �� 07/265 11:52
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AUG, 28. 2006 9:82AM RITKIN COUNTY TITLE N0, 3914 P. 6
agreement shall be prepared by the developer and accepted by the Community
Development Director.
As part of the construction management plan, the developer shall agree to require all
dump trucks hauling to and from the site to cover their loads and meet the emission
requirements of the Colorado Smoking Vehicle Law. Any regulations regarding
construction management that may be adapted by the City of Aspen prior to application
for a building permit for this project shall be applicable.
The construction management plan shall also include a fugitive dust control plan to be
reviewed by the City Engineering Department that includes watering of disturbed seas
(including haul routes, where necessary), perimeter silt fencing, as -needed cleaning of
adjacent right-of-ways, and a representation that the City has the ability to request
additional measures to prevent a nuisance during construction. A temporary
encroachment license is required for use of the City's right-of-way for construction
purposes, The Applicants shall not be allowed to close Monarch Street during
construction except when doing utility work in Monarch Street and constructing corner
bulb -outs.
The Applicants shall coordinate with the Roaring Fork Transit Agency (RF'TA) and the
City to schedule a closure of Monarch Street, Street closures concurrent with significant
public events in Wagner Park shall be avoided to the greatest extent possible. Street
closures of South Monarch Street and East Cooper Avenue shall be administered by the
City of Aspen Building Department subject to obtaining temporary encroachment
licenses.
The Applicants shall -also provide phone contact information for on -site project
management to address construction impacts to: The City of Aspen, the 210 E. Cooper
Condominiums, the park Central Condominiums, the Park Central West Condominiums,
and the Towne Place of Aspen Condominiums.
Seaton 7: PPre-Construetion Meeting
The Applicants shall conduct a pre -construction meeting with the City Community
Development Staff prior to submittal for a building permit application. This meeting
shall include the general contractor, the architect producing the construction drawings,
the Community Development Engineer, a representative of the City Building
Department, and the Community Development Department's case planner.
Section 8: Fire Mideation
The Applicants shall install a fire sprinkler system and alarm system that meets the
requirements of the Fire Marshall in both the residential and lodge developments. The
water service line shall be sized appropriately to accommodate the required Fire Sprinkler
System, The Applicants' design team shall meet with the Fire Marshall to formulate a
plan for fighting fires in the below -grade parking garage structures prior to building
permit submittal.
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AUG,28.2006 9.52AM PITKIN COUNTY TITLE
NO. 3914 P. 7
Section 9: Water De meat Requirements
The Applicants shall comply with the City of Aspen Water System Standards, with Title
25, and with the applicable standards of Title 8 (Water Conservation and Plumbing
Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water
Department. The Applicants shall also enter into a water service agreement with the City
and complete a common service line agreement for the residential units. Each residential
unit shall have an individual water meter but the Applicants will be required to pay only
one tap fee for the residential unit building and one tap fee for the lodge building.
The Applicants shall comply with the Aspen Consolidated Sanitation District's rules and
regulatiMs. No clear water comtections (roof', foundation, perimeter drains) to ACSD
lines shall be allowed. Oil and sand separators meeting the ACSD's requirements shall be
installed in each of the parking garages. In addition, the driveway entrance drains shall
drain to drywells and elevator shaft drains shall drain through an oil and sand separator,
One tap to the main sanitary line is allowed for each of the buildings within the
development. No soil nails shall be allowed in the public right-of-way above ACSD
main sewer lines, The Applicants shall enter into a shared service line agreement.
Glycol and snowmelt shall have containment areas approved by the Aspen Consolidated
Sanitation District,
Section 11: Sewer Liar Relocation
The Applicants shall fund the relocation of the main sanitary sewer line that serves the
Prospector Lodge.
Section 12: Transformer Relocation
The Applicants shall relocate the existing transformer onto their property. The location
for the transformer shall be approved by the Community Development Department prior
to installation, The Applicants shall dedicate an easement to allow for City Utility.
Personnel to access the relocated transformer for maintenance purposes.
Section 13: Deliveries in Block 76 Alley
There shall be no deliveries to the extent practical to the Limelight bodge via the
remaining Block 76 alleyway.
Sg�ion 14: Lodge Employee Audit
An employee audit on the lodge component and residential component of the
development shall be conducted after two full fiscal years from the date of issuance of the
certificate of occupancy to verify that only 40 FTEs are needed to operate the new lodge,
pursuant to the following terms:
a. The Applicants shall provide an up-to-date report on the current employees at the
time of final plat.
b. The Applicants shall retain an auditor and shall gain prior approval from the
Housing Office Operations Manager for the selection of the auditor.
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AUG. 28, 2006 9:1J3AV PITKIN COUNTY TITL= NO. 3914 P. 8
c. The Applicants shall be fully responsible for all fees associated with retaining an
auditor,
d. The audit shall occur after two full fiscal years of operation.
Should the housing audit referenced above indicate that the new Limelight Lodge is
employing more than the forty (40) full -tune employees (tbe Lirnelite Lodge, Deep
Powder Lodge, and Snowflake hin to be demolished had 42 full-time employees after
consolidating ownership of the properties, of which 2 FTEs shall be credited to the fcee-
market residential component is order to lower its employee housing mitigation
requirement to 3,36 1-bedroom affordable housing units or cash -in -lieu thereot) that are
anticipated to operate the new lodge, the Applicants shall return to the Housing Authority
under the following temis:
a. The Applicants shall provide deed restricted, affordable housing or cash -in -lieu
thereof to mitigate for 300/o of the additional employees above 40 full-time
employees.
b. The Applicants shall abide by the Aspen/Pitldn County Affordable Housing
Guidelines in effect at the time of the audit.
C. The term employee shall include all full-time payroll and non -payroll employees
generated by the application.
d. Employee housing units or cash -in -lieu thereof equal to 3.36 1-bedroom units shall
be provided prior to requesting a final building inspection on any of the residential
or lodge units within the project.
Section 15: Deeg Powder Relocatiop
The Applicants shall pay $20,000.00 towards, schedule, and supervise the relocation of
the two (2) oldest deep powder cabins to a site provided by the City. The. landing site of
the cabins shall be identified by the City in a timely manner to allow for the relocation of
the cabins on or around May 1, 2006, to aceoratnodate the demolition plans of the
Applicants,
Section 16- Landscapin,�
The Applicants shall submit a detailed landscaping plan as part of the building permit
application. This landscaping plan shall include a plan for right-of-way landscaping and
irrigation without trenching tinder the roots of trees to be preserved to the extent possible. If
trenching is necessary it sball be done by hand. The plane shall also include a parkway
landscaping strip adjacent to all abutting public streets of at least five (5) fmt in width.
Appropriate street tree plantings are required along all streets adjacent to the property.
The Applicants shall preserve the existing Cottonwood tree located on the coiner of South
Monarch Street and East Hyman Avenue and the large Cottonwood tree that exists between
the Deep Powder Lodge and the Limelite South Building that were slated for removal in the
conceptual PUD application. Additionally, the stand of large Spruce trees located to the
north of the existing Limelite South Building shall be thinned for health and preserved. The
Applicants shall also install tree saving construction fences around the drip lime of any
trees to be saved subject to the following provisions:
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AUC. 2$.2006 9:53AM PITKIN COUNTY TITLE N0.3914 P. 9
a. The City Forester or his/her designee must inspect this fence before any
construction activities co=nence.
b. No excavation, storage of materials, storage of construction equipment,
construction backfill, foot or vehicular traffic &ball be allowed within the drip line.
The Applicants shall also remove the three (3) conifers located adjacent to the proposed
parking garage entrance to the lodge building along East Hyman Avenue. A 2-year
maintenance bond shall be secured by the Applicants for any trees to be preserved in which
there will be-placmed excavation within or adjacent to their driplines.
Section 17: Fedestrian Amen&
The Applicants are proposing to provide pedestrian amenity for 144 (approximately 550
square feet) of lot square footage. The Applicants shall pay a cash -in -lieu fee of providing
pedestrian amenity in the amount of S732,900 (15,208 SF which is 25% of 60,834 SF
property size minus 550 square feet of pedestrian amenity space provided= $14,658 SF,
multiplied by $50 per square foot) prior to building pernvt issuance.
Section IS: PM-10 Mitintlon
The Applicants shall execute the following methods of PM-10 mitigation.:
a. Sell the residential units with only one parking space per unit and require that
purchasers of a unit be required to purchase a second space at an additional cost.
b, Provide free RFTA bus passes to employees that live outside the City of Aspen.
C. Advertising to potential guests that a personal or rental car is not necessary due to
the extensive public transportation system.
Section 19. Corner Bulb -Outs
The comer bulb -outs shall contain tapered curb lines of 15 degrees leading into the corner
bulb outs proposed in the South Monarch Street and East Hyman Avenue right-of-ways for
snow plowing purposes. Additionally, a street width of 28 fect, from the face of curb to the
face of curb, shall be maintained on South Monarch Street where the comer bulb -outs are
proposed.
Section 2,Q: Ws t-of-Way imurovements
The Applicants shall reconstruct E Cooper Avenue between South Aspen Street and South
Monarch Street and split the drainage flows to South Aspen Street and Monarch Street.
Additionally, if it is necessary to install a new storm drainage pipe in E. Hyman Avenue and
resurrect the storm sewer inlet on the southeast comer of S. Aspen Street and E. Hyman
Avenue, the Applicants shall reconstruct the south half of E. Hyman Avenue. The
Applicants shall also reconstruct the west half of S. Monarch Street and pave the alleyway
of Block 77. All of the improvements set forth in this section shall be made prior to
issuance of a certificate of occupancy on any part of the development,
47
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AUG, 28, 2006 9:54AM PITKIN COUNTY T:-L= NO. 3914 P, 10
Section 21: Sidewalk, Qurb and Gutter
Sidewalk, curb, and gutter meeting the City Engineer's design requirements shall be
constructed in the rightOf--way adjacent to all of the property subject to this development
Prior to issuance of a certificate of occupancy on any portion of the development, on
Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be
replaced. The sidewalk locations shall be in substantially the same location as is depicted on
the site plan in the final PL-D application submittal, The north -facing curbs shall be heated.
Sec 'on 22: Park Development Impact Fees
Park bevelopment Impact_Fees shall be assessed at the time of building permit issuance
on both the new residential bedrooms (including the affordable housing bedrooms) and
the lodging bedrooms to be added to the subject properties pursuant to Land Use Code
Section 26.610, Park Development Impact Fees, The Park Development Impact Fees
shall be calculated by the City of Aspen Zoning Officer using the fee schedule in place at
the time of building permit application.
Section 23: Sc4 1 Land Dedication Fes
School Land Dedication Fees shall be assessed on the proposal at the time of building
permit issuance pursuant to Land Use Code Section 26.630, School Lands Dedication,
because subdivision approval is required for the development of the multi -family
residential units per the definition of subdivision in the land use code. The school lands
dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
Section 24: Exterior Lighting
All exterior lighting shall meet the City's Lighting Code Requirements pursuant to Land
Use Code Section 26,575.150, Outdoor Lighting.
Section $5- Wfldlife Trash Contginers
The Applicants shall install a wildlife -proof trash container for the residential building
that meets the requirements of the Environmental Health Department, The Applicants
shall install a trash compaeter for use of the lodge building to limit solid waste pick-ups
in the alleyway of Block 76.
Section 26: Food Service Facilities
Food service plans meeting the requirements of the City of Aspen Environmental Health
Department shall be submitted and approved prior to serving food and prior to obtaining a
Colorado Food Service License,
Section 27: Pool And Spas
All design, installation, and maintenance of the pool and spa shall comply with the Colorado
Department of Health's "Swimming Pool and Mineral Bath Regulations". The Aspen
Consolidated Sanitation District shall review and approve the drain size for the swimaning
pool facility prior to installation.
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Section 8--Development Tlnua
The Applicants shall obtain a certificate of occupancy on all the lodge component of the
development prior to obtaining a certificate of occupancy on any of the residential units
within the development.
Smfign 29: Alley Vacation
The eastern 150 feet of the alleyway lacatEd in Block 76 of the City and Townsite of
Aspen is hereby vacated subject to the following requirements:
a. Ownership and title to the lands so vacated shall vest as provided in and
by Section 43-2-302 of the Colorado Revised Statutes.
b• The City Clerk is hereby directed, upon the adoption of this ordinance, to
record a copy of this ordinance in the OfEce of the Pitkin County Clerk
and Recorder.
C. The City Engineer is hereby directed, upon adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
d. The alley vacation is approved based on the finding that the vacation will
not leave any adjoining lands without a means of access over an
established public fight -of -way connecting such lands to an established
public street.
C. An allay vacation plat shall be filed and recorded at the Pitkin County
Clerk and Recorder's office in association with recording the final
subdivision plat and PUD plans.
Section 30•
This Ordinance shall not affect any existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be construed and concluded under such
prior ordinances,
Section 31:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any
reason held invalid or uneonstitutional in a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
ection 32:
All material representations and coaunitments made by the applicant pursuant to this
application, whether in public hearings or documentation presented before the Historic
Preservation Commission, Planning and Zoning Commission,. or City Council, are hereby
incorporated in such plan approvals and the same shall be complied with as if fully set forth
herein, unless amended by an authorized entity.
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Section 33:
A public hearing on the ordinance was held on the 23rd day of January, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado and continued to the 6`h day of
February, 2006.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 9th day of January, 2006,
elen a derud, Mayor
Attest,
Kathryn S. Kdeh, C#ty Clerk
FINALLY, adopted, passed and approved by a vote of four to one (4-I), this Oh day of
February, 2006.
Aelenf4dermud,'Mayor
Attest:
Approved a9 to form: � 52684?
I I�HII III Jill 1111111111111111page. 1r GF =1
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4kftnP,6'W-;r'C'ister, City Attorney
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR
LIMELIGHT LODGE SUBDIVISION/PLANNED UNIT DEVELOPMENT
THIS SUBDNISION/PLANNED UNIT DEVELOPMENT AGREEMENT FOR
LIMELIGHT LODGE SUBDIVISION/PL D UNIT DEVELOPMENT (the "Agreement")
is made and entered into this�� day of 2006, by and among THE CITY OF
ASPEN, COLORADO, a Colorado muni ipal orporation (the "City") and LIMELITE
REDEVELOPMENT, LLC, a Colorado limited liability company and LIMELITE, INC., a
Colorado corporation (collectively, the "Owner").
WITNESSETH:
WHEREAS, Owner has submitted to City for approval, execution and recording final
PUD plans, as the same are defined and described below, for a real estate project within Aspen,
Colorado known as the Limelight Lodge PUD and Related Land Use Application (the "Project");
and
WHEREAS, City has fully considered the Final PUD Plans, the proposed development
and improvement of the Project, and approved the project with conditions pursuant to Ordinance
No. 1, Series of 2006; and
WHEREAS, City has imposed certain conditions and requirements in connection with its
approval, execution and recordation of the Final PUD Plans, such matters being necessary to
protect, promote and enhance the public welfare; and
WHEREAS, Owner is willing to acknowledge, accept, abide by and faithfully perform
the conditions and requirements imposed by City in approving the Final PUD Plans; and
WHEREAS, pursuant to Section 26.445.070 of the Aspen Municipal Code, the City is
entitled to certain financial guarantees to ensure that required public and common private
improvements are installed, and Owner is prepared to provide such guarantees as hereinafter set
forth.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the approval, execution and acceptance of the Final PUD Plans for recordation
by City, and for other good and valuable considerations, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
A. ZONING AND REGULATORY APPROVALS.
Pursuant to Ordinance No. 1 (Series of 2006) adopted on February 6, 2006 and recorded
as Reception No $ in the office of the Clerk and Recorder of Pitkin County,
Colorado (the "Ordinance"), the City approved all final land use approvals and granted a
development order for a site specific development plan for the Project subject to a vested
property right. The land use approvals granted by the Ordinance included final Planned United
Development ("PUD") approval, partial alley vacation, subdivision, rezoning to include a PUD
I:ILIL-0625t00MUD AppliwionVinelLimelight Subdivision PUD AgnumentO7.05.06.doc
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IANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
Overlay, Wheeler Opera House View Plane approval, Commercial Design Standards Variances,
and Growth Management Review, to construct one hundred twenty five (125) lodge units and
fifteen (15) free market residential dwelling units, all subject to conditions of approval.
B. PROJECT DESCRIPTION.
The Project shall entail the redevelopment of land south of East Hyman Avenue, on the
north and south sides of East Cooper Avenue, to the West of Monarch Street and to the east of
Aspen Street, into a new lodge, free-market residential condominium units, and underground
parking (for private needs). Pursuant to Ordinance No. 1, Series of 2006, the projects allowed
dimensional requirements shall be as follows:
Dimensional
PUD Dimensional
Requirement
Requirements
Minimum Lot Size
6,000 SF
Minimum Lot Width
60 Feet
Minimum Front Yard
0 Feet
Setback
Minimum Side Yard
0 Feet
Setback
Minimum Rear Yard
0 Feet
Setback
Maximum Height
Lodge: 46 Feet for Primary Roof
Height, 50 Feet for 1united accent
elements, elevators, mechanical
enclosures, etc.' Per Roof Height
Plan Presented at 2/6/06 City
Council Meeting.
Residential: 42 Feet, measured
from existing grade and 46 feet
for elevator head enclosures,
fireplace flues, and vent
terminations.* Per Roof Height
Plan Presented at 2/6/06 City
Council Meeting.
Minimum Percent Open
77% Maximum Site Coverage
Space
Allowable External
2.43:1
FAR
Minimum Off -Street
.4 Parking Spaces per Lodge Unit
Parking
2 Parking Spaces per Residential
Unit
2
I:"-06251002TUD ApplicationWinalUrmlighl Subdivision PUD Agrccnxnt07.05.06.&c
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C. PROJECT IMPROVEMENTS & GOVERNING DOCUMENTS.
1. Owner is required to install and construct specific physical improvements
("Improvements") as part of the Project in accordance with and pursuant to those final PUD
development plans (the "Final PUD Plans") that have been submitted by Owner to City, which
Final PUD Plans have been recorded at Reception No. 1.6 h S 0 in the Pitkin County real
estate records. Pursuant to Sections 3 and 29 of the Ordinance, the Final PUD Plans consist of.
(a) The Final Subdivision Plat, the sheets of which set forth dedications, legal
descriptions, vacations, project boundaries, and partial vacation of an alley, among other
things.
(b) An Illustrative Site Plan, the sheets of which graphically depict the Project
and its various components;
(e) An Architectural Character Plan, the sheets of which depict the
architectural composition of the structures to be constructed as part of the Project;
(d) A Grading/Drainage Plan, the sheets of which depict all grading and
drainage system improvements within the Project;
(0 A Utility Plan, the sheets of which shall depict the water, sewer, gas,
electrical, cable, telephone and all other utilities and utility systems serving the Project;
and
(g) A Partial Alley Vacation Plat vacating the eastern 150 feet of the alleyway
located in Block 76 of the City and Townsite of Aspen.
2. A construction schedule (the "Limelight Construction Activity and Traffic
Management Plan) related to construction and installation of the improvements set forth in the
above -described Final PUD Plans will be provided by Owner's general contractor for the Project,
R. A. Nelson & Associates.
3. Owner agrees to complete the landscaping and irrigation for the Project in
accordance with the landscape plan ("Landscape Plan") to be submitted as part of the building
permit application in accordance with Section 16 of the Ordinance, in as logical a sequence as
possible in relation to the completion of the Project Improvements. Owner and its successors
and assigns shall thereafter be responsible for the maintenance of the Project landscaping.
D. FINANCIAL GUARANTEE.
In order to guarantee installation of the landscaping improvements described in the
Landscape Plan identified in Section C (3) above ("Landscaping Improvements") and
maintenance and replacement of the same for a period of one (1) year after installation, Owner
shall provide to the City a letter of credit, a letter from Owner's construction lender confirming
that funds are available to Owner in its construction loan for the purpose of insuring maintenance
of the Landscaping Improvements, or other security or financial institution confirmation of
IAL. L-0627=2\PUD AppllutionVinalLinnliaht Subdivision PUD Agmement07.05.06.doc
adequate funds available to Owner in amount not less than one hundred twenty-five percent
(125%) of the estimated costs of the Landscaping Improvements as estimated by the City of
Aspen Parks Department, in form and substance reasonably acceptable to the City and from a
financially responsible lender. This letter of credit, letter from Owner's construction lender, or
other security or financial institution confirmation shall provide that the City will have the
unconditional right upon demand to partially or fully complete or pay for any Landscaping
Improvements or pay any outstanding bills, or to request payment upon demand to partially or
fully complete or pay for any Landscaping Improvements or pay any outstanding bills for work
done in regard to thereto by any party.
As portions of the Landscaping Improvements are completed, the City of Aspen Parks
Department shall inspect these Landscaping Improvements against the approved Final PUD
Plans, and upon confirmation that these Landscaping Improvements have been installed in
accordance with the Final PUD Plans, he shall authorize reduction in the amount of the letter of
credit, letter from Owner's construction lender, or other security or financial institution
confirmation as documented by invoices through final field inspection reports for that portion of
the Landscaping Improvements; provided, however, that such confirmation and reduction shall
occur no later than five (5) business days from the date of the City of Aspen Parks Department's
final inspection and subsequent issuance of acceptance certificate for the Landscaping
Improvements; provided, further, that twenty-five percent (25%) of the estimated cost of the
Landscaping Improvements shall be retained until such Landscaping Improvements have been
maintained in a satisfactory condition for two (2) years starting from the date of the issuance of
the Certificate of Occupancy for the Project, at which time, the letter of credit, letter from
Owner's construction lender, or other security or financial institution confirmation shall
terminate and expire.
In order to guarantee that the Owner shall not start excavation and then abandon the
project, the Owner shall provide to the City a letter of credit, a letter from Owner's construction
lender confirming that funds are available to Owner in its construction loan for the purpose of
filling in the excavation needed to construct the overall project, or other security or financial
institution confirmation of adequate funds available to Owner in amount not less than one
hundred twenty-five percent (125%) of the estimated costs to fill in the excavation needed to
construct the overall project as estimated by the City of Aspen Engineering Department, in form
and substance reasonably acceptable to the City and from a financially responsible lender, This
letter of credit, a letter from Owner's constriction lender, or other security or financial institution
confirmation shall provide that the City will have the unconditional right upon demand to
partially or fully fill-in the excavation or pay any outstanding bills, for work done to fill in the
excavation. At the completion of a full foundation on both the lodge and the residential
components of the development, and upon confuznation that the foundations have been installed
in accordance with the Final PUD Plans by the City Engineer, the letter of credit, letter from
Owner's construction lender, or other security or financial institution confirmation shall
terminate and expire.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
E. DEVELOPMENT REQUIREMENTS RESTRICTIONS AND AGREEMENTS.
Owner hereby agrees to the conditions of approval as specified in the Ordinance and
Owner and City specifically agree as follows:
Building, Permit The building permit application shall include the following:
a. A copy of the final Ordinance and P&Z Resolution.
b. The conditions of approval printed on the cover page of the building
permit set.
C. A completed tap permit for service with the Aspen Consolidated
Sanitation District.
d. A tree removal permit as required by the City Parks Department and any
approval from the Parks Department Director for off -site replacement or
mitigation of any removed trees. The tree removal permit application
shall be accompanied by a detailed landscape plan indicating which trees
are to be removed and new plantings proposed on the site.
C. A drainage plan, including an erosion control plan and snow storage
runoff plan, prepared by a Colorado licensed Civil Engineer, which
maintains sediment and debris on -site during and after construction. If a
ground recharge system is required, a soil percolation report will be
required to correctly size the facility. A 5-year storm frequency should be
used in designing any drainage improvements.
f. A final construction management plan. The Owner shall comply to the
greatest extent practical with any general construction management
requirements that the City adopts before and after building pen -nit
issuance.
g. A fugitive dust control plan to be reviewed and approved by the
Engineering Department.
h, An excavation/stabilization plan prepared by a licensed Engineer.
i. A detailed landscaping plan. This landscaping plan shall include a plan for
right-of-way landscaping and irrigation without trenching under the roots of
trees to be preserved to the extent possible. If trenching is necessary it shall
be done by hand. The plan shall also include a parkway landscaping strip
adjacent to all abutting public streets of at least five (5) feet in width.
Appropriate street tree plantings are required along all streets adjacent to the
property.
5
1 LL %L062310021PUD ApplieadonTinslLimellghs Subdivision PUD A&eemene07.05.06.doe
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07/26/2006 JRNICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.0011.53t
The Applicants shall preserve the existing Cottonwood tree located on the
corner of South Monarch Street and East Hyman Avenue and the large
Cottonwood tree that exists between the Deep Powder Lodge and the
Limelite South Building that were slated for removal in the conceptual PUD
application. Additionally, the stand of large Spruce trees located to the north
of the existing Limelite South Building shall be thinned for health and
preserved. The Owner shall also install tree saving construction fences
around the drip line of any trees to be saved subject to the following
provisions:
The City Forester or his/her designee must inspect this fence before
any construction activities commence.
No excavation, storage of materials, storage of construction
equipment, construction backfill, foot or vehicular traffic shall be
allowed within the drip line.
The Owner shall also remove the three (3) conifers located adjacent to the
proposed parking garage entrance to the lodge building along East Hyman
Avenue. A 2-year maintenance bond shall be secured by the Applicants for
any trees to be preserved in which there will be planned excavation within or
adjacent to their driplines,
2. Affordable Housing Units. Owner acknowledges that the development of free-
market residential condominium units as part of the Project, subjects the Owner to affordable
housing mitigation pursuant to the guidelines of the Aspen/Pitkin County Housing Authority
("APCHA"). Owner acknowledges that the development of 15 free-market residential units as
part of an Incentive Lodge Development like the Project would normally obligate the Owner to
provide 4.5 affordable housing units. Due to the Owner's generation of employee efficiencies in
the project the Owner was granted affordable housing credits offsetting and reducing its
affordable housing obligation to 3.36 1-bedroom affordable housing units. Accordingly, the
Owner shall remit to the City a cash -in -lieu payment for its affordable housing obligations equal
to 2,734,410 and 70/100 Dollars ($2,734,410.70) based on the current cash -in -lieu fee amount.
This cash in lieu payment shall be paid in full prior to the issuance of a certificate of occupancy
for the Project; however any portion thereof paid after issuance of a building permit for the
Project shall be adjusted in accordance with the then current APCHA affordable housing
mitigation guidelines (the method of calculation shall be 55,675 square feet of FAR in the
residential component to be mitigated for, multiplied by the single-family residential cash -in -lieu
fee amount as set forth in the Aspen/Pitkin County Affordable Housing Guidelines and amended
from time to time, multiplied by 74.6% (which is the percentage of 4.5 1-bedroom affordable
housing units required to be mitigated for after credit applied from the lodge component of the
development)).
3. Employee Housing Units. Owner acknowledges that the addition of
approximately 15 lodging rooms to the Project would normally create the need for employee
generation mitigation and a related employee mitigation plan with the APCHA. Owner and the
City agreed that the proposed efficiencies created in the Project as noted in Section E (2) above
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eliminate Owner's mitigation obligations for the lodge room component of the development,
provided that the Audit (as defined below) reveals that the Project after development does not
generate additional employees.
4. Employee and Affordable Housing Audit. Owner will perform an employee
audit ("Audit") of the Project within 30 days of the second anniversary of the issuance of a
certificate of occupancy for the Lodge. This Audit will compare the number of full-time
employees employed at the Project at the time of the Audit against the 42 employees employed
at the lodges prior to redevelopment. For purposes of the Audit, the term "employee" shall
include all full-time, payroll and non -payroll employees employed at the Lodge. The Housing
Office Operations Manager shall approve Applicant's auditor and the Applicant shall be solely
responsible for all fees associated with retaining the auditor.
(a) Affordable Housing Mitigation. Should the Audit reveal an increase in
employees above the 40 full-time employees that are anticipated to operate the Project,
the Owner shall provide deed restricted, affordable housing or a cash -in -lieu payment for
the balance of the Owner's affordable housing mitigation obligations.
(b) Employee Housing Mitigation. Should the Audit reveal that the number
of employees employed at the Project exceeds the 40 full-time employees anticipated to
operate the lodge component of the development, the Applicant will deliver a cash -in -lieu
payment pursuant to APCHA guidelines in effect on the date of this Agreement, to
mitigate its employee housing obligations.
5. Condominiumization of Project; Association. As soon as construction of the
Project allows, Owner anticipates submitting the lodge portion of the Project and the free-market
residential component of the Project to two (2) separate plans for condominiumization created
pursuant to Colorado Common Interest Ownership Act ("CCIOA"). Accordingly, Owner agrees
to prepare in accordance with the Code and CCIOA and the City agrees to process for approval
and recordation a condominium map for each separate condominium regime. Owner shall also
record declarations for each common interest condominium community and create a corporate
non-profit homeowner's association for each community (the "Associations"), including articles
of incorporation and bylaws. The Associations shall be responsible for the maintenance of their
respective common elements. Membership in each respective Association shall automatically
inure to any unit owner within the respective condominium regime upon the transfer of title
thereto,
6. Water Department Requirements The Owner shall comply with the City of
Aspen Water System Standards, with Title 25, and with the applicable standards of Title 8
(Water Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as required
by the City of Aspen Water Department. The Owner shall also enter into a water service
agreement with the City and complete a common service line agreement for the residential units.
Each residential unit shall have an individual water meter but the Owner will be required to pay
only one tap fee for the residential unit building and one tap fee for the lodge building.
7. Aspen Consolidated Sanitation District Requirements The Owner shall comply with
the Aspen Consolidated Sanitation District's rules and regulations. No clear water connections
LUAL-06221002TUD App11ut1on\Fina1U-1ight SubdMsion PUD Agncm (07.05.06.dm
(roof, foundation, perimeter drains) to ACSD lines shall be allowed. Oil and sand separators
meeting the ACSD's requirements shall be installed in each of the parking garages. In addition,
the driveway entrance drains shall drain to drywells and elevator shaft drains shall drain through
an oil and sand separator. One tap to the main sanitary line is allowed for each of the buildings
within the development. No soil nails shall be allowed in the public right-of-way above ACSD
main sewer lines. The Owner shall enter into a shared service line agreement. Glycol and
snowmelt shall have containment areas approved by the Aspen Consolidated Sanitation District.
8. Sewer Line Relocation The Owner shall fund the relocation of the main sanitary sewer
line that serves the Prospector Lodge.
9. Transformer Relocation The Owner shall relocate the existing transformer onto their
property. The location for the transformer shall be approved by the Community Development
Department prior to installation. The Owner shall dedicate an easement to allow for City Utility
Personnel to access the relocated transformer for maintenance purposes.
10. Deliveries in Block 76 Ailey There shall be no deliveries to the extent practical to
the Limelight Lodge via the remaining Block 76 alleyway.
11. Pedestrian Amenity The Owner is providing pedestrian amenity for 1 % (approximately
550 square feet) of lot square footage. The Owner shall pay a cash -in -lieu fee of providing
pedestrian amenity in the amount of $732,900 (15,208 SF which is 25% of 60,834 SF property size
minus 550 square feet of pedestrian amenity space provided= $14,658 SF, multiplied by $50 per
square foot) prior to building permit issuance,
12. PM-10 Mitigation -The Owner shall execute the following methods of PM-10
mitigation:
a. Sell the residential units with only one parking space per unit and require that
purchasers of a unit be required to purchase a second space at an additional
cost.
b. Provide free RFTA bus passes to employees that live outside the City of
Aspen.
C. Advertising to potential guests that a personal or rental car is not necessary
due to the extensive public transportation system.
13. Width of South Monarch Street A street width of 28 feet, from the face of curb to
the face of curb, shall be maintained on South Monarch Street.
14. Sidewalk. Curb. and Gutter Sidewalk, curb, and gutter meeting the City Engineer's
design requirements shall be constructed in the right-of-way adjacent to all of the property subject to
this development prior to issuance of a certificate of occupancy on any portion of the development.
On Cooper Avenue between South Aspen Street and Monarch Street all curb and gutter shall be
replaced. The sidewalk locations shall be in substantially the same location as is depicted on the site
plan in the final PUD application submittal.
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I IIIIII 111111 IN 1111111111111111111111111111111P9:9 of 24
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
15. Park Development Impact Fees Park Development Impact Fees shall be assessed
at the time of building permit issuance on both the new residential bedrooms (including the
affordable housing bedrooms) and the lodging bedrooms to be added to the subject properties
pursuant to Land Use Code Section 26.610, Park Development Impact Fees. The Park
Development Impact Fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
16. School Land Dedication Fees School Land Dedication Fees shall be assessed on
the proposal at the time of building permit issuance pursuant to Land Use Code Section 26.630,
School Lands Dedication, because subdivision approval is required for the development of the
multi -family residential units per the definition of subdivision in the land use code. The school
lands dedication fees shall be calculated by the City of Aspen Zoning Officer using the fee
schedule in place at the time of building permit application.
17. Deep Powder Relocation The Owner shall pay $20,000.00 towards, schedule, and
supervise the relocation of the two (2) oldest deep powder cabins to a site provided by the City,
The landing site of the cabins shall be identified by the City in a timely manner to allow for the
relocation of the cabins on or around May 1, 2006, to accommodate the demolition plans of the
Owner.
18. Wildlife Trash Containers The Owner shall install a wildlife -proof trash container
for the residential building that meets the requirements of the Environmental Health Department.
The Owner shall install a trash compacter for use of the lodge building to limit solid waste pick-
ups in the alleyway of Block 76.
19. Temporary Use of Public Rights -of -Way. Owner may temporarily use public
rights -of -way as staging areas for construction activities related to the Project in accordance with
the provisions of the Limelight Construction Activity and Traffic Management Plan and pursuant
to a Temporary Construction Encroachment License entered into by the Owner and City.
20, Construction Activities Affecting Access to City of Aspen Facilities. Owner
agrees and acknowledges that any and all construction activities undertaken in connection with
the Project that in any way affect facilities and/or rights -of -way owned by City of Aspen shall be
governed by the provisions related thereto to be set forth in detail in the Limelight Construction
Activity and Traffic Management Plan.
21. Construction Activities Affecting City Streets and Infrastructure. Owner agrees
and acknowledges that any and all construction activities undertaken in connection with the
Project that in any way affect facilities, infrastructure and/or rights -of -way owned and controlled
by the City shall be governed by the provisions related thereto to be set forth in the Limelight
Construction Activity and Traffic Management Plan and any applicable City permits and/or
official engineering regulations.
22. Street Closures; Traffic Control. All provisions related to street closures and
traffic control operations necessitated by construction of the Project are set forth in more detail in
I:U.1L-06231DOITUD Applieation\FinalLimelight Subdivision PUD Agreennnt07.05.06.doc
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JANICE K VOS CAUOILL PITKIN COUNTY CO R 121.0e D 0.00
Section E (1) above and will be set forth in the Limelight Construction Activity and Traffic
Management Plan.
23. Restoration of Public Streets. Owner agrees that upon completion of the Project,
the Owner shall split the drainage flows to South Aspen Street and Monarch Street. Additionally, if
it is necessary to install a new storm drainage pipe in E. Hyman Avenue and resurrect the storm
sewer inlet on the southeast corner of S. Aspen Street and E. Hyman Avenue, the Owner shall
reconstruct the south half of E. Hyman Avenue. The Applicants shall also reconstruct the west half
of S. Monarch Street and pave the alleyway of Block 77. All of the improvements set forth in this
section shall be made prior to issuance of a certificate of occupancy on any part of the development.
24. Encroachments Into City Property, It is hereby acknowledged by the parties to
this Agreement that as part of the Project, Owner shall construct and install certain
improvements that encroach into adjacent public rights -of -way. Specifically, portions of the
roofline, the entrance canopies and some balconies of the residential units will encroach onto
South Aspen Street, East Cooper Avenue, East Hyman Avenue, and South Monarch Street as
delineated and depicted on the Architectural Character Plan identified in Section C (1) (C)
above. The City agrees to grant to Owner an easement for these encroachments in the form of
the Encroachment Easement attached hereto as Exbibit A.
25. As -Built Drawings. Owner shall submit as -built drawings for all site
improvements constructed by Owner within any City right-of-way to the City within 180 days
from the date the last certificate of occupancy is issued by the City related to the Project. Such
drawing shall be submitted both in the form of 24"x 36" mylar sheets stamped and sealed by a
Colorado professional surveyor (PLS) as well as in electronic form.
26. Development Timing The Owner shall obtain a certificate of occupancy on all of the
lodge component of the development prior to obtaining a certificate of occupancy on any of the
residential units within the development.
F. NON-COMPLIANCE _ AND REQUEST FOR AMENDMENTS OR
EXTENSIONS BY OWNER.
In the event that the City Council determines that the Owner is not acting in substantial
compliance with the terms of this Agreement, the City Council shall notify the Owner in writing
specifying the alleged non-compliance and asking that the Owner remedy the alleged non-
compliance within such reasonable times as the City Council may determine, but not less than
thirty (30) days, If City Council determines that the Owner has not complied within such time,
the City Council may issue and serve upon the Owner a written order specifying the alleged non-
compliance and requiring the Owner to remedy the same within thirty (30) days. Within twenty
(20) days of the receipt of such order, the Owner may file with the City Council either a notice
advising the City Council that it is in compliance or a written petition requesting a hearing to
determine anyone or both of the following matters:
(a) Whether the alleged non-compliance exists or did exist, or
10
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ORNICE K
R 121.00 D 0.00
(b) Whether a variance, extension of time or amendment to this Agreement should be
granted with respect to any such non-compliance that is determined to exist.
Upon the receipt of such petition, the City Council shall promptly schedule a hearing to
consider the matters set forth in the cease and desist order and in the petition. The hearing shall
be convened and conducted pursuant to the procedures normally established by the City Council
for other hearings. If the City Council determines by a preponderance of the evidence that a non-
compliance exists which has not been remedied, it may issue such orders as may be appropriate;
provided, however, no order terminating any approval previously granted by the City Council
shall be issued without a finding of the City Council that substantial evidence warrants such
action and affording the Owner a reasonable time to remedy such non-compliance. A final
determination of non-compliance which has not been remedied or for which no variance has
been granted may, at the option of the City Council, and upon written notice to the Owner,
terminate any of such approvals which are reasonably related to the requirement(s) with which
Owner has failed to comply. Alternatively, the City Council may grant such variances,
extensions of time or amendments to this Agreement, as it may deem appropriate under the
circumstances.
In addition to the foregoing, the Owner or its successors or assigns may, on its own
initiative, petition the City Council for a variance, an amendment to this Agreement or an
extension of one or more of the time periods required for performance hereunder. The City
Council may grant such variances, amendments to this Agreement, or extensions of time as it
may deem appropriate under the circumstances, The parties expressly acknowledge and agree
that the City Council shall not unreasonably refuse to extend the time periods for performance if
Owner demonstrates by a preponderance of the evidence that the reasons for the delay(s), which
necessitate said extension(s) are beyond the control of the Owner, despite good faith efforts on
its part to perform in a timely manner.
G. GENERAL PROVISIONS.
1. The provisions hereof shall be binding upon and inure to the benefit of Owner and
City and their respective successors and assigns.
2. This Agreement shall be subject to and construed in accordance with the laws of
the State of Colorado.
3. If any of the provisions of this Agreement or any paragraph, sentence, clause,
phrase, word, or section or the application thereof in any circumstance is invalidated, such
invalidity shall not affect the validity of the remainder of this Agreement, and the application of
any such provision, paragraph, sentence, clause, phrase, word, or section in any other
circumstance shall not be affected thereby.
4. This Agreement contains the entire understanding between the parties hereto with
respect to the transactions contemplated hereunder and may be altered or amended from time to
time only by written instruments executed by all parties hereto.
II
I:LL.LL.-D623\A02NPUD Applicttion\FinilLimlisht Subdivision PLID Agnxmmnt07.O5.G6.doc
5. Numerical and title headings contained in this Agreement are for convenience
only, and shall not be deemed determinative of the substance contained herein. As used herein,
where the context requires, the use of the singular shall include the plural and the use of any
gender shall include all genders.
6. Upon execution of this Agreement by all parties thereto, City agrees to approve
and execute the Partial Alley Vacation Plat and Subdivision Plat for the Project and any other
Final PUD Documents as may be necessary, and to accept the same for recordation in the Office
of the Clerk and Recorder for Pitkin County, Colorado, upon payment of the recordation fee by
Owner.
7. Notices to be given to the parties to this Agreement shall be considered to be
given if hand delivered or if deposited in the United States Mail to the parties by registered or
certified mail at the addresses indicated below, or such other addresses as may be substituted
upon written notice by the parties or their successors or assigns:
CITY OF ASPEN
City Manager
130 S. Galena Street
Aspen, CO 81611
LIMELITE REDEVELOPMENT, LLC and LIMELITE INC.
c/o Limelite Lodge
2228 East Cooper Avenue
Aspen, CO 81611
Attention: Dale Paas and Sue Woolery
With copies to:
Gerald M. Biehl
General Management Real Estate
1201 Galapago Street, #101
Denver, CO 80204
Steven Szymanski
Szymanski Development Partners, Inc.
2506 West Main Street
Littleton, Colorado 80120
Cage Williams Abelman & Layden, P.C.
Attention Les J. Roos
1433 17'h Street
Denver, CO 80202
11IIII 1111l1 IN 1111111[11111 I1� 1111 III 1 Page:6
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
8. The terms, conditions, provisions and obligations herein contained shall be
deemed covenants that run with and burden the land underlying the Project and any and all
12
1AL, L-0623\0OWUD ApplicaconTinslLimli& Subdiviaion PUD Agreemeat07.05.06.doe
0 •
Owners thereof, their successors, grantees or assigns, and further shall inure to the benefit of and
be specifically enforceable by or against the parties hereto, their successors, grantees or assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the
day and year first above written.
[SIGNATURES ON FOLLOWING PAGE]
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13
CITY:
CITY OF ASPEN, COLORADO,
STATE OF COLORADO )
ss.
COUNTY OF PITKIN }
The foregoing instrument was acknowledged before me this.fr2iay of �5�,
2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the lty of
Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
ary Public
My Commission Expires:��
JACW ,t
LOTHIAN ?
OF
11111l 1E1 1111I1 IN 11111111111111111111111111111110 9 6/ 0624
11 * 531
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
14
I:\L\L-0627W02\PUD Applicstion7inr u invii;ht Subdivision PUD AV=rmnt07.05.06.doc
0 0
OWNER:
LiMELITE REDEVELOPMENT LLC, a Colorado limited liability company
By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member
By: Limelite, Inc., a Color o ocp71'7��
General Partner
By:xf�
LeroyPaas, President
STATE OF COLORADO )
} ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this r�ay of
2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation
Investment, LLLP, as Member of Limelite Redevelopment, LLC, a � radp I' ited liability
company.
Witness my hand and official seal.
Notary Public •�
My Commission Expires: �`� b'009
S
By: Parkside Re :evelopment LLC, a Colorado liml d liability company, Me OF CO�'O t
Gerald M. Biehl, Manager
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me thisl r day o ,
2006, by Gerald M. Biehl, as Manager of Parkside embe Redevelopment, LLC, as of
Limelite Redevelopment, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My Commission Expires 2 Notary Public
526848 Pape: 15of 24
IIIIINIilllllll JFNICE K VOS 121 07/26D 0.0 CRUDILL PITKIN COUNTY CO R 121.00 D 0.00]1.53f
,-0TA�q'
00
7��.,•.B 1. •Q,,P
OF COLO
15
I^lU.•0623\002V•UD App1ics6on\Fina1Lfmc118hi Subdivision PUD AVvtmeu107.06.06.doc My Cornrrissiw E)pires 010/2009
•
•
LIMELITE, INC., a Col corporat'
By:�
Lero ale Paas, President
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
+ qrk
The foregoing instrument was acknowledged before me this L` day of
2006, by Leroy Dale Paas, as President of Limelite Inc., a Colorado cbruoration.
Witness my hand and official seal.
1 �=otary Public
My Commission Expires: 0� QQ
S
0' *0 APUB1-\9
1 IIIIIM 11III �I�I�I IIII 1�N�I �I�I f�I��II �II ����il �II II1� 526848 e f 11:531
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
16
1AL\L-0623\DO2\PUD ApplicationVinalLinelight Subdivision PUD AgT"nent07.05.06.doc
Encroachment Easement
ENCROACHMENT EASEMENT
THIS ENCROACHMENT EASEMENT is made and entered into effective as of the
day of , 2006, by and between the CITY OF ASPEN, COLORADO, a
Colorado municipal corporation ("City") and LIMELITE, INC., a Colorado corporation, and
LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company, whose address is
2228 East Cooper Avenue, Aspen, Colorado 81611 (collectively "Limelite").
WITNESSETH:
WHEREAS, Limelite is constructing a mixed -use development within the City known as
Limelight L.odge/PUD (the "Project"); and
WHEREAS, as part of development of the Project, it is acknowledged by the parties that
it shall be necessary for Limelite to construct and install certain improvements on, over and
under certain rights -of -way owned, controlled and operated by the City (the "City ROWs"),
which City ROWs are shown more fully on Exhibit A attached hereto and incorporated herein
by reference; and
WHEREAS, the City agrees to allow Limelite to construct and install certain
improvements on, over and under the City ROWS (the "Allowed Encroachments") in those
locations specifically set forth on Exhibit A, subject to certain conditions; and
WHEREAS, the City has the power and authority to grant encroachment easements.
NOW, THEREFORE, in consideration or the mutual agreement hereinafter contained,
the City and Limelite covenant and agree as follows:
1. Grant of Easement. The City hereby grants Limelite a non-exclusive easement to
occupy, maintain and utilize the City ROWs for the Allowed Encroachments, which are
generally described as portions of the roofline, entrance canopies, trellises, and an exterior
staircase of the residential units that will encroach onto South Aspen Street, East Cooper
Avenue, East Hyman Avenue, and South Monarch Street as more particularly depicted on
Exhibit A, for the purposes described herein. The term of this easement shall commence on the
date of the first building permit issued to Limelite in connection with the Project and shall
continue and be irrevocable until demolition of the building containing the residential units. This
easement shall be subordinate to the right of the City to use the surface area of the City Property
for any pre-existing, authorized purposes. Until demolition of the building containing the
residential units, the City shalt not remove or interfere with the Allowed Encroachments or take
any action whatsoever to disturb, preclude, interfere with or cause the removal of the same from
the City.
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
•
2. Use of City ROWs. Limelite shall have the right to occupy, maintain and utilize
those areas of the City ROWs shown on Exhibit A for the Allowed Encroachments, which
Allowed Encroachments shall consist of surface and overhang building improvements.
3. Maintenance. Limelitc shall be responsible for the maintenance and repair of all
areas of encroachment upon the City ROWS, together with all improvements constructed therein,
which the City, in the exercise of its discretion, shall determine to be necessary to keep the same
in a safe and clean condition.
4. Permits. Limelite shall obtain from the City all necessary and appropriate permits
related to construction and installation of any of the Allowed Encroachments within the City
ROWS.
5, Insurance, At all times during the term hereof, Limelite shall maintain general
liability insurance for any loss, claim or damages arising from or connected with LimeIite's use
of the City ROWS and shall furnish the City with a certificate of insurance evidencing such
insurance coverage upon demand.
b. Indemnification. Limelite shall save, defend and hold the City harmless against
any and all claims for damages, costs and expenses, to persons or property that may arise out of,
or be occasioned by the use, occupancy and maintenance of the City ROWs by Limelite, or from
any act or omission of any representative, agent, customer and/or employee of Limelite, except
for claims that may arise out of, or be occasioned by the negligent or intentional act of any
representative, agent or employee of the City.
7. Non -Exclusivity of Easement. Except as otherwise prohibited or agreed to by and
between the parties, nothing herein shall be construed so as to prevent the City from granting
such additional licenses or property interests in or affecting the City ROWs as it deems
necessary, provided, however, such additional licenses or property interests do not impair or
materially interfere with the rights and benefits granted to Limelitc in this Agreement.
8. Binding Effect: A$signment. The conditions set forth herein shall constitute
covenants running with the land, and binding upon and inuring to the benefit of Limelite, its
successors and assigns. In addition to the assignment rights provided in the foregoing sentence,
the parties hereby agree and acknowledge that Limelite's rights hereunder may be collaterally
assigned by Limelite to a mortgage lender.
9. Attorneys' Fees. In any legal action to enforce the provisions of this Agreement,
the substantially prevailing party shall be awarded its reasonable attorney's fees and costs.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year
first above written.
[SIGNATURES ON FOLLOWING PAGE]
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•
CITY OF ASPEN, COLORADO,
a
By
APPROVED AS TO FOR1vf:
��Me
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 9—&&y of
2006, by Helen Klanderud as Mayor and by Kathryn S. Koch as City Clerk of the Cil of
Aspen, Colorado, a municipal corporation.
Witness my hand and official seal.
My Cominission Expires: —n4l0
o�Public
ty<
Illjll��IIIIIlIIII�II 5268
I�III ��II ��II��I 11 Page: 20 of 24
11 II llilllllillllf 07/26/200
JANICE K VOS CAUDILL PITKIN COUNTY CO 6 11.53f
R 121.00 0 0.00
LIMELITE REDEVELOPMENT LLC, a Colorado limited liability company
By: Next Generation Investments LLLP, a Colorado limited liability partnership, Member
By: Limelite, Inc., a Colora orporatio eneral Partner
By:e�--�—
Leroy aas, President
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this Lr day of IL ,
2006, by Leroy Dale Paas, as President of Limelite Inc., General Partner of Next Generation
Investment, LLLP, as Member of Limelite Redevelopment, LLC, a Co�orlimited liability
n
company. �\ ,
Witness my hand and official seal.
1 Notary Public
My Commission Expires: 0' �206
By: Parkside Redevelopment LLC, a olorado limite liability company, Member
Gerald M. Biehl, Manager
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
'CAR
v\
The foregoing instrument was acknowledged before me this day o ,
2006, by Gerald M. Biehl, as Manager of Parkside Redevelopment, LLC, as Mem er of
Limelite Redevelopment, LLC, a Colorado limited liability company.
Witness my hand and official seal. <'
3 !if*7 �-�
` Notary Public
My Commission ExpiresV OY\ . Z?7-QQfl
` I ` 526848
page; 21 of 4
07/26/2006 11:531
1 II�lll�llllllllll 0
1 I� COUNTY CO R 121.80 0.00
JANICRNIGE K VOS CRUDILL PITKIN
OTA A?
LP 1 ,00Z/ C' : OO
oF cot
My Commission Expires o1127P2oo9
Q�8
LIMELITE, INC., a Col poration
By:,�
Leroy D aas, President
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this day of'�
2006, by Leroy Dale Paas, as President of Limelite Inc. lorado n.
Witness my hand and official seal.
J 1 G Notary Public � P y
My Commission Expires:.
V� 'r
p
N:0UB1��G'QPO
526848 �OF
24
Page: f 07/26/200611 :531
JANICE K V05 CAUDILL 7ITKIN COUNTY CO R 121.00 0 0.00
wwr ww CF:
ENCROACHMENT AREAS, NORTH PARCEL
A PARCEL OF LAND SITUATED IN BLOCK 78, CRY AND TOWNSITE OF ASPEN, IN SECTIONS 7 AND 18, TOWNSHIP 10 SOUTH, RANGE B4
WEST AND IN SECTIONS 12 AND 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST,
BOTH OF THE SIXTH P.M., COUNTY OF PIMN, STATE OF COLOARDO
SHEET 1 OF 1
ASPEN STRSAT
7SJ0' ROW
2a20 FOUND J.5' ALUwNUM CAP
MOCK78 DREXEL BARRELL CPS CONTROL AT THE
ALLEY 1 PRO"MATE NIMSEC710N OF HOPKINS AVENUE
AND OARYISCH STREET L3. J28650
a
� 1
1
210 E COOPER AVENUE 1
q: �. COOPER CONDOWNIUMS 1
44 REC. J408808
G �
N � -
3.38ENCROADIM'
5EN
/ ROOF OVERHANC
Nngr& PAl
LIACGLC•Hr EUUBDI Ff"OMIMM
J6,917 sq. R.3
0.818 caws*
8 �10/N� C EN04DA=IENI ASFA ND /
a `
CANOPY AND ROOF OVERHANG
iL�'y b
0' 4
i
N1� 30'�9"S
01.50'
SCALE: V-40'
201 E. HMAN AVENUE
HARTUAN RESIDENCE
REC. J296119
FOUND 15 REBAR
AND ALUM. CAP
FOUND R'
REAAR
A' 1-f'60'I9" S 10�'-�
-
mOVERHANGr-OUND
U11DI n ENCHDdfljMEN7 AREA ND 4
ROOF AND TRELJS
SECTION CORNER
SEC 12.13 ?IDS R83W, SEC
7,18 710S R84W
1 1/8' REAR AND PLASM CAP
L.S. fILLEgOLE
y
y
bj
Aumpwr
ENrfiQSt:mAIQ T v
AREA NO. ]Lb
11ROO° OViRHANC AND TRELLIS � •-
a
FOUND NAIL ANO
WASHER lLLEMLZ
ILQtu
1
ENOROACH
AQFA Na 7
EXTERIOR
1
zao.ao• 1,
STAIRCASE
JIOAARCA STRBST
74,07' ROW
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
S02 MAIN STREET, SUITE A3
CARBONDALE, COLOAADO 81623
(970) 70"311
1100'
2.00'
1
ALL ENCROACHMENT DIMENSIONS
SHOWN HEREON ARE PARALLEL AND
PERPENDICULAR TO THE BOUNDARY
LINES OF THE NORTH PARCEL
25005 08(29MS 25085 PLAT.OWG
f III�II I�III I�IIII �1I� IIIIII �lll IIII�II III IIIII�I II IlII 5268480 f 24
07/ 11 :531
JANICE K VOS CAUDILL PITKIN COUNTY CO R 121.00 D 0.00
MAINTENANCE OF GRANITE SURFACES
Introduction•
Many of the world's most interesting structures built from Marble, Limestone or Sandstone are
currently suffering from modern air pollution and acid rain. These newer environmental forces
coupled with normal freeze/thaw cycles, are eroding and staining the stone, impairing the natural
beauty of the structures and in some cases, actually threatening their structural integrity.
Granite, as the hardest and most moisture -resistant of building stones, is nearly impervious to
these destructive forces. However, even Granite can lose its luster to dirt and other normal forces
in high -traffic areas or where subjected to staining agents. Note that these conditions, from
staining to surface cracking are far less likely to happen with Granite than with any other
building stone.
Protecting Granite Surfaces:
In most situations, Granite surfaces are best left untreated with impregnating or sealing agents.
Granite's naturally high density resists absorption of staining materials. Dirt and grime can
generally be cleaned from the surface with a mild solution of soap and water. Polished surfaces
are even more resistant to stain than Thermal Diamond 10 or Honed Diamond 8 surfaces.
If a Granite surface is expected to be in frequent contact with staining agents, its stain resistance
can be strengthened with an appropriate impregnator. Impregnators should not alter the surface
texture or color of the Granite. However, it is recommended that any impregnator be pretested
with given Granite color and finish prior to general application.
Sealers may also be used to increase stain resistance, but they bring their own set of maintenance
problems. Sealers can alter the surface texture and finish, particularly of Thermal -finished stone.
Sealers can also build up on the surface creating a layer that is less durable than the Granite.
Sealers are not recommended in exterior applications because they can trap moisture within the
top layer of stone, which may lead to surface cracks during freeze/thaw cycles. It is strongly
recommended that any sealer be pretested on the stone in a variety of conditions prior to its
general application.
Regular Maintenance of Granite Surfaces:
The regular maintenance recommended for Granite surfaces is a simple cleaning with neutral
detergent or stone soap and water. Occasionally high traffic areas or locations subjected to
tracking of outside dirt and grime require a more intensive cleaner. For Polished and Honed
floors subject to heavy commercial traffic, a polish preserver/restorer may be used.
Maintenance Tips:
Condition Cleaning Agent Application Method
General Construction Dirt & Grease Detergent & Water Sponge or Wipe on with rag.
Rinse w/clear water & wipe dry.
New Oil & Grease Stains Detergent & water for minor Rub in thoroughly with sponge or
stains. Naptha Gas or Pyrene rag. Wash off w/detergent & water.
for major stains. Wipe dry.
Old Oil & Grease Stains Hydrogen Peroxide & Plaster Mix Hydrogen Peroxide & Plaster
of Paris. and apply in thick ('/z") patch. Let
cure for 3 hours. Remove and wash
w/detergent & water. Wipe dry.
Paint
Paint & Varnish remover like
Rub on thoroughly w/rag. Wash
"Zip Strip".
w/detergent & water. Wipe dry.
Rust & Metal Stains
Phosphoric Acid Compound
Rub on thoroughly w/rag or sponge
Such as "Phos-It"
Wash thoroughly w/water & wipe
Dry
Tar & Pitch
Naptha Gas or Pyrene
Apply w/rag. Rub thoroughly with
stiff brush. Wash off w/detergent
and water. Wipe dry.
Polishing Powder
Grace Lee Cleaner
Rub in thoroughly w/rag. Rinse
with water. Wipe dry.
Mortar Stains
Phosphoric Acid
Apply w/rag. Rub thoroughly with
(Caution: Etches Metal)
Fiber Brush. Wash thoroughly with
clear water.
Muriatic Acid
Neutralize w/Caustic Soda
Add Residue.
0 •
MONARCH ON THE PARK
� r+ �� Y.• •, ••c---� 1 L..�-.� o- "` \�ci•,Vy • •' `'.�i •tit
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Par t
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or
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Grove! Pits
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�! Y� ! l/1/ I f" ',r / rIi �f I - •�\•r' ����1�� "` •r~ .f��\;•
VICINITY MAP
SCALE: 1" = 2000'
•
:7
i0ldOBA30 Ai NnY MO'
N3dSd JO k110
CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT gog Z 0 330
Agreement for Payment of City of Asoeen Development Application Fees a 3 A 13 338
CITY OF ASPEN (hereinafter CITY) and Jl M II *Z. /C IR' L L G
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
0W CW MiN ILAJS/ i Za dsci
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land
Use applications and the payment of all processing fees is a condition precedent to a determination of application
completeness.
3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it
is not possible at this time to ascertain the full extent of the costs involved in processing the application.
APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an
initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis.
APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he
will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the
CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty
of recovering its full costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to enable the Historic Preservation Commission, Planning and Zoning
Commission and/or City Council to make legally required findings for project consideration, unless current billings
are paid in full prior to decision.
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect
full fees prior to a determination of app ' ation completeness, APPLICANT shall pay an initial deposit in the
amount of $ 23 6, 00 which is for 71 r� hours of Community Development staff time, and if actual
recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse
the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00
per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date.
APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and
in no case will building permits be issued until all costs associated with case processing have been paid.
CITY OF ASPEN
By:
Chris Bendon
Community Development Director
APPLICANT
k I,uett�tt X�
carte �CAd
81
By:
Date: O r
Billi6g Address an a ephone Number:
1 2C9 I 6djo. S�Ut'Iva /0
b rAA J0 D
•
To
Company
Drew Alexander
Transmittal 'TtCPir,_
�
8C � � c� top
Y, B
Community Development Department pE?OPF�
Building -Planning -Zoning
130 Galena
Aspen, CO 81611
970-429-2739
From: Scott Butler
Date: December 1, 2008
Subject: Monarch on the Park Supplement Condo Map
SE Job No.: 28053.02
No. It call•$
na■
Remarks
two
Supplemental Condominium
Map
For your review
If materials received are not listed above, please notify us.
Transmitted by:
0
First Class Mail
0
Express Mail
0
Messenger
0
Pickup
0
U.P.S.
0
Federal Express
502 main street •
suite A3 • carbondale, CO 81623
• (970)704-0311
• fax (970)704-0313
SOPRis
ENGINEERING*
LLC
civil consultants
FIRST SUPPLEMENTAL CONDOMINIUM MAP OF:
■
tttttt�
CERTIFICATE OF DEDICATION AND OVVNERSHIP:
KNOW ALL MEN BY THESE PRESENTS
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO RECEIVE`
SHEET 1 OF 8 �Ec o z 2008
CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS Cj,rY OF ASPEN
r,OMMUNJY DEVELOPMENT
WHEREAS, ON NOVEMBER 20, 2008 THE UNDERSIGNED DECLARANT/OWNER CAUSED TO BE RECORDED IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO THE
CONDOMINIUM MAP OF MONARCH ON THE PARK IN PLAT BOOK 89 AT PAGES 11 THROUGH 18 AT RECEPTION NO, 554415 (THE "MAP") AND THE DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS FOR MONARCH ON THE PARK AT RECEPTION N0.554413 (THE "DECLARATION"), RESERVING CERTAIN AREAS, PARTICULARLY DESCRIBED AS THE RESERVED AREA IN MAP NOTE
1 OF THE MAP, WHICH MAY BE CONVERTED TO UNITS, GCE AND LCE IN ACCORDANCE WITH ARTICLE 16 OF THE DECLARATION; AND
WHEREAS, DECLARANT DESIRES TO CONVERT PORTIONS OF THE RESERVED AREA TO UNITS, GCE, AND LCE BY THE RECORDING OF THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF
MONARCH ON THE PARK ("FIRST SUPPLEMENTAL MAP") AND OF A FIRST AMENDMENT TO THE DECLARATION, AS SUCH UNITS, GCE, AND LCE ARE DEPICTED ON THIS FIRST SUPPLEMENTAL
MAP;
NOW THEREFORE, IN ACCORDANCE WITH THE COLORADO COMMON INTEREST OWNERSHIP ACT, C.R.S. SECTION 38.33.3.101, ET SEO, AS AMENDED (THE "ACT") DECLARANTIOWNER HAS BY
THESE PRESENTS DIVIDED, LAID OUT AND PLATTED THE RESERVED AREA, INTO EIGHT (8) RESIDENTIAL UNITS, TOGETHER WITH APPURTENANT COMMON ELEMENTS, ALL AS SHOWN AND
NOTED HEREON AND MADE PURSUANT TO AND FOR THE PURPOSES STATED IN THE DECLARATION; AND DECLARANT HEREBY SUBMITS SUCH UNITS AND COMMON ELEMENTS TO
CONDOMINIUM OWNERSHIP PURSUANT TO THE ACT AND THE DECLARATION.
EXECUTED THIS DAY OF 2008.
DECLARANT/OWNER: LIMELITE REDEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY
BY: GENERAL MANAGEMENT REAL ESTATE SERVICES, INC., A COLORADO CORPORATION, MANAGER
BY:
GERALD M. BIEHL, PRESIDENT OF GENERAL MANAGEMENT SERVICES, INC.
STATE OF COLORADO)
)SS
COUNTY OF PITKIN )
THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS D,Y OF
MANAGEMENT REAL ESTATE SERVICES, INC., MANAGER OF LIMELITE REDEVELOPMENT LLC.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES:
MY ADDRESS IS:
2008, BY GERALD M. BIEHL AS PRESIDENT OF GENERAL
MORTGAGEE CONSENT
THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST RECORDED AS RECEPTION NO.506428 IN THE OFFICE OF THE
CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, HEREBY CONSENTS AND APPROVES THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK AND HEREBY
SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN.
DATED THIS _ DAY OF '2008.
LIMELITE, INC., A COLORADO CORPORATION
BY:
LEROY DALE PAAS, PRESIDENT OF LIMELITE, INC.
STATE OF COLORADO)
)SS
COUNTY OF PITKIN)
THE ABOVE AND FOREGOING DOCUMENT WAS ACKNOWLEDGED BEFORE ME THIS CAY OF 2008, BY LEROY DALE PAAS AS PRESIDENT OF LIMELITE, INC.
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
MORTGAGEE CONSENT
THE UNDERSIGNED, BEING THE HOLDER OF A LIEN ON THE HEREIN DESCRIBED PROPERTY PURSUANT TO A DEED OF TRUST
RECORDED AS RECEPTION NO, 532428 IN THE OFFICE OF THE CLERK AND RECORDER OF PITKINCOUNTY, COLORADO, HEREBY
CONSENTS AND APPROVES THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON TiE PARK AND HEREBY
SUBORDINATES THE LIEN OF SAID DEED OF TRUST TO THE MATTERS SET FORTH HEREIN.
DATED THIS _ DAY OF 2008.
U.S. BANK NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION.
BY:
PETER F.C. ARMSTRONG, JR., VICE PRESIDENT
STATE OF )
) SS
COUNTY OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS _ DAY OF 2008, BY PETER F.C. ARMSTRONG,
JR. AS VICE PRESIDENT OF US BANK NATIONAL ASSOCIATION.
WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISSION EXPIRES
NOTARY PUBLIC
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON,
LOT 5 LOT K
FO ND 3.5- AL MINUM CA DREXEL
BA RELL GPS ONTROL AT THE
XMAE EC OF
AWNUETIO
APPRI AND GFRMISCH STREET HOF
LOT M LOT N LOT 0:LOT P LOT q LOT R LOT 6
- - -- 1z
30
FOUND 1" DIAMETER
PIPE (CITY MONUMENT) 7972•
HYMAN AVENUE
— FOUND #5 REBAR
AND ALUM. CAP
L.S. #7168
S75°09'11"E >89.44'
00
!
5.3'
p
O
` O
LOT I
LOT A
LOT 6
O
FOUND SECTION CORNER / -
5/8- REBAR AND PLASTIC CAP /
L.S. #ILLEGIBLE _
FOUND NAIL AND
CAP L., . #2376
29.91'
29.91'
19.91'
7 - /
FOUND #5 REBAR
AND P ASTIC CAP
NORTH PARGEL
1 I
�Oj'
119.62
LIMELI6FiT SU6DIVISION/PUD
L.S. #1 LEGIBLE
D_ REG- #52/0850
FOUNID
#5 R
BAR
/
0z)
LOT K
75.0'-(
FOUNDINAIL AND
WASHES ILLEGIBLE
i
LOT A II
S75°0
'11"E
o'
'
9.91'
z
o
=I
LOT S
LOT K
LOT L
LOT M
o
b
LOT K
FOU D NAIL AND
CAPIL.S. #2707
SET #51 REBAR
AND PLASMIC CAP
L.S. 28643
1
LOT I
a
b
I �
SET # REBAR
J
AND PLAS C CAP
LOT 5
L.S. #28643
1) CERTIFICATES, NOTES, CONTROL AND VICINITY MAPS
2) EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND
ENCROACHMENT DETAIL
3) PARKING/LOWER LEVEL PLANS
4) BUILDING, FIRST FLOOR PLANS
5) BUILDING, SECOND FLOOR PLANS
6) BUILDING, THIRD FLOOR PLANS
7) BUILDING, SECTION VIEWS
8) BUILDING, ELEVATION VIEWS
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
9.91' 29.91' 29.91' 29.91'I 1.
b
-- N75°09 '11' W 149.53 ' I I
\ GOOPER AVENUE of
SITE BENCMARK
- -
SET #5 REBAR
PLASTIC CAP L.S. #28643 I q
ELEVATION=7916.70
-O-
// /Q
E�r�T D �i5101 I'm N/ O O
2 ,si6,1t}
1 ce
SET # REBAR
AND P ASTIC CAP
L.S. #18643
FOUND' #5 REBAR
S75°09 '11"E 269.16 " ^ I
%LO�iK �) I AND P AS71C CAP
L.S. #1 129
LOT K ? LOT L LOT M �LOTNL9F 0 LOT P L�lT LOT R LOT S
FOUND #5 RE AR \ FOUND 3.5' ALU NNUM CAP (DREXEL
AND PLASTIC AP BARRE L GPS CONTROL AT E
L.S. # 184 APPRO. IMATE IN(rERSECTION iOF DURANT
AVENUAND GA MISCH STR ET STAMPE
PLS # 650 BEIRS N.83.58' 9"E. 711.31
CONTROL MAP
LOT- A V
LOT K I
GRAPHIC SCALE
SURVEY NOTES 50 0 25 50 100 200 /
1) DATE OF SURVEY: OCTOBER- NOVEMBER 2008.
(IN FEET)
2) DATE OF PREPARATION: OCTOBER - NOVEMBER 2008. 1 R1Ch = 50 ft.
3) BASIS OF BEARING: A BEARING OF S 14"50'49" W BETWEEN THE SOUTHEAST CORNER OF LOT I, BLOCK 76, CITY AND TOWNSITE OF ASPEN, A NAIL AND WASHER
L.S. #ILLEGIBLE FOUND IN PLACE, AND THE NORTHEAST CORNER OF LOT S, BLOCK 77, A #5 REBAR AND PLASTIC CAP L.S. #16129 FOUND IN PLACE.
4) BASIS OF SURVEY: THE OFFICIAL MAP OF THE CITY OF ASPEN, PREPARED BY G.E. BUCHANAN, DATED DECEMBER 15, 1959, GPS CONTROL MONUMENTATION
MAP PREPARED BY DREXEL BARRELL, DATED SEPTEMBER 23, 1999, THE IMPROVEMENT SURVEY OF SNOWFLAKE LODGE, RECORDED JANUARY 18, 1996 IN PLAT
BOOK 49 AT PAGE 65, THE ALLEY VACATION PLAT OF A PORTION OF THE BLOCK 76 ALLEY, THE SUBDIVISION PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT
DEVELOPMENT, THE CONDOMINIUM MAP OF MONARCH ON THE PARK, RECORDED NOVEMBER 20, 2008 IN PLAT BOOK 89 AT PAGE 11 AS RECEPTION NUMBER
554415, VARIOUS DOCUMENTS OF RECORD; AND THE FOUND MONUMENTS, AS SHOWN.
5) BASIS OF ELEVATION: THE 1998 CITY OF ASPEN DREXEL BARREL CONTROL DATUM, WHICH IS BASED ON AN ELEVATION OF 7720,88' (NAVD 1988) ON THE NGS
STATION "S-159". THIS ESTABLISHED THE LOCAL SITE BENCHMARK OF 7916.70 FEET ON THE SET REBAR AND PLASTIC CAP STAMPED L.S. #28643, MONUMENTING
THE NORTHEAST CORNER OF SUBJECT PROPERTY, AS SHOWN.
6) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL
INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD, SE RELIED UPON THE ABOVE SAID PLATS AND MAPS DESCRIBED IN NOTE 4
AND THE TITLE COMMITMENT PREPARED BY FIRST NATIONAL TITLE RESIDENTIAL LLC UNDER FILE NO.08101572 EFFECTIVE DATE OF SEPTEMBER 19, 2008 .
MAP NOTES
1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS ARE HATCHED TO DENOTE AREAS FROM THE CONDOMINIUM MAP OF MONARCH ON THE PARK
THAT ARE NOT MODIFIED BY THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK.
2.) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED COMMON ELEMENT
(LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS.
3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE SUBDIVISION/PLANNED UNIT
DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526848; AND PER THE
FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY 26, 2006 AS RECEPTION No. 526850.
4.) WITH THIS FIRST SUPPLEMENTAL MAP, DECLARANT RESTATES AND AFFIRMS THE DEPICTION OF UNITS, GCE, AND LCE AS SET FORTH AND DEPICTED ON THE
MAP RECORDED ON NOVEMBER 20, 2008 IN PLAT BOOK 89, PAGES 11 THROUGH 18, RECEPTION NO.554414.
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SCALE: 1" = 1000'
TITLE CERTIFICATE
THE UNDERSIGNED, ADULY-AUTHORIZED REPRESENTATIVE OF FIRST NATIONAL TITLE RESIDENTIAL„ LLC REGISTERED TO DO BUSINESS IN PITKIN COUNTY,
COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODDE, THAT THE PERSONS LISTED AS OWNERS ON THIS FIRST
SUPPLEMENTAL MAP DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE: AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT
THOSE LISTED ON THE TITLE COMMITMENT ISSUED BY FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19,
2008.
ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS PLAT ARE TRUE, THIS CERTIFICATE IS NOT TO ME CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION
OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT FIRST NATIONAL TITLE RESIDENTIAL, LLC, NEITHER ASSUMES NOR WILL BE
CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN.
BY: DATE 2008
SANDY SIDUR-JOHNSON
ADDRESS: 4500 CHERRY CREEK DRIVE SOUTH, #970
GLENDALE, CO 81246
STATE OF COLORADO)
)SS
COUNTY OF _ )
THE TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS
OF FIRST NATIONAL TITLE RESIDENTIAL, LLC.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC
DEPARTMENT OF COMMUNITY DEVELOPMENT APPROVAL
DAY OF 2008, BY SANDY SIDUR-JOHNSON AS TITLE OFFICER
THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK WAS APPROVED BY THE CITY OF ASPEN DEPARTMENT OF COMMUNITY
DEVELOPMENT THIS DAY OF , 2008.
COMMUNITY DEVELOPMENT DIRECTOR
CITY ENGINEER APPROVAL
THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK, SHOWN HEREON, WAS APPROVED BY THE CITY ENGINEER OF THE CITY OF ASPEN
THIS DAY OF .2008.
CITY ENGINEER
SURVEYOR'S CERTIFICATE
I MARKS. BECKLER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF
MONARCH ON THE PARK; THAT THE LOCATION AND DIMENSIONS OF THE VERTICAL BOUNDARIES OF EACH UNIT AND THAT UNIT'S IDENTIFYING NUMBER, THE
LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF
LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON
FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN OCTOBER AND NOVEMBER 2008; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A
LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP CONTAINS ALL OF THE INFORMATION REQUIRED BY C.R.S.
SECTION 38-33.3.209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT; AND THE CONDOMINIUM MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED
BY SECTION 38-33.3-209 OF THE ACT, AND (ii) THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY ITS CREATED BY
THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOU�D IES OF EACH UNIT AS
CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES. THE CONTROL PRECISION IS GREATER THAN 1 IN 10,00 . RECORDED
EASEMENTS, RIGHTS -OF -WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE TITLE COMMITMENT PREPARED BY
FIRST NATIONAL TITLE RESIDENTIAL LLC, UNDER FILE NO.08101572, EFFECTIVE DATE OF SEPTEMBER 19, 2008.
MARK S. BECKLER, P.L.S. #28643
DATED 12008.
CLERK AND RECORDER'S ACCEPTANCE
THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN
COUNTY, COLORADO AT O'CLOCK _.M., THIS DAY OF 2008, IN PLAT BOOK AT PAGES , RECEPTION
NO,
PITKIN COUNTY CLERK AND RECORDER
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg
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FIRST SUPPLEMENTAL CONDOMINUM MAP OF:
E
BU
GCE - GENERAL COMMON ELEMENT
LCE - LIMITED COMMON ELEMENT
SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE UNIT
C - COOPER UNIT
WS - WESTSIDE UNIT
P- PENTHOUSE UNIT
AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE
ARE GCE.
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 2 OF 8
EXTERIOR BOUNDARY AND BUILDING DIMENSIONS AND ENCROACHMENT DETAILS
GRAPHIC SCALE
10 0 5 10 20 40
(IN FEET)
1 inch = 10 ft.
SOPRIS ENGINEERING - LLC
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.) CIVIL CONSULTANTS
S75°07'58"EEAST-WEST INTERIOR WALL BEARING (TYP.) BUILDING EXTERIOR AND EASEMENTS 502 MAIN STREET, SUITE A3
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS HORIZONTAL SCALE: 1' = 10'
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
MAP rUnTF(Z
1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS ARE HATCHED TO DENOTE AREAS FROM THE CONDOMINIUM MAP OF
MONARCH ON THE PARK THAT ARE NOT MODIFIED BY ThIS FIRST SUPPLEMENTAL GONDOMINIUM MAP OF MONAV ON T% PAfiN'
2.) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED
COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS.
3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE
SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY
26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY
26, 2006 AS RECEPTION No. 526850.
4.) WITH THIS FIRST SUPPLEMENTAL MAP, DECLARANT RESTATES AND AFFIRMS THE DEPICTION OF UNITS, GCE, AND LCE AS SET FORTH
AND DEPICTED ON THE MAP RECORDED ON NOVEMBER 20, 2008 IN PLAT BOOK 89, PAGES 11 THROUGH 18, RECEPTION NO.554414.
REC .1 jS
nEC � 2 2�08
COMMUNIo OE E OPM N�
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg
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FIRST SUPPLEMENTAL CONDOMINIUM MAP OF:
BUILDING TABLE
GCE - GENERALCOM
LCE - LIMITED COMM(
SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE UNIT
C - COOPER UNIT
WS - WESTSIDE UNIT
P- PENTHOUSE UNIT
AREAS NOT DESIGNP
ARE GCE.
INTERIOR COLUMNS
UTILITIES, IF ANY, WI"
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY IN I ERIUH
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.)
S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.)
921 HATCH INDICATES THIS PORTION DOES NOT CHANGE FROM
THE MAP OF MONARCH ON THE PARK, THESE AREAS
SHOWN FOR INFORMATIONAL PURPOSES ONLY.
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO MAP NOTES
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET)
1 inch =10 ft.
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
PLAN VIEW PARKING/LOWER LEVEL 502 MAIN STREET, SUITE A3
NOTICE- ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, C6L�RADd $1623
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS HORIZONTAL SCALE: 1' = 10'
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION (970) 704-0311
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
RECEIVED
DEC 0 2 2008
CITY OF ASPEN
OOMMUNITY DEVELOPMENT
IENOTE AREAS FROM THE CONDOMINIUM MAP OF
vDOMINIUM MAP OF MONARCH ON THE PARK.
ON ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED
THE INDIVIDUAL UNITS.
-IMENT EASEMENT AT PAGE 17 OF THE
SION PLANNED UNIT DEVELOPMENT RECORDED JULY
3ION/PLANNED UNIT DEVELOPMENT RECORDED JULY
DEPICTION OF UNITS, GCE, AND LICE AS SET FORTH
NGES 11 THROUGH 18, RECEPTION NO. 554414.
1-2
AR5. ip
GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH
AS -BUILT DIMENSIONS AND ELEVATION INFORMATION
INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING
TO UNFINISHED DRYWALL SURFACE OF CEILING
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg
FIRST SUPPLEMENTAL CONDOMINIUM MAP OF:
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SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE UNIT
C - COOPER UNIT
WS - WESTSIDE UNIT
P- PENTHOUSE UNIT
AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE
ARE GCE.
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.)
S75'07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.)
HATCH INDICATES THIS PORTION DOES NOT CHANGE FROM
THE MAP OF MONARCH ON THE PARK. THESE AREAS
SHOWN FOR INFORMATIONAL PURPOSES ONLY.
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SF
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7923.20 CE J
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
'10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 4 OF 8
MAIN LEVEL PLANS
203
7923.44 CE
-
-
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11
9
-
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET)
1 inch =10 ft.
L 7924.44 CE
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
PLAN VIEW MAIN LEVEL 502 MAIN STREET, SUITE A3
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS HORIZONTAL SCALE: 1' =10'
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
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DEC 0 2 2008
CITY OF ASPEN
'OMMUNITY DEVELOPMENT
MAP NOTES
1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS ARE HATCHED TO DENOTE AREAS FROM THE CONDOMINIUM MAP OF
MONARCH ON THE PARK THAT ARE NOT MODIFIED BY THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK.
2.) ALL AREAS OUTSIDE THE INDIVIDUAL CONDOMINIUM UNITS ARE GENERAL COMMON ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED
COMMON ELEMENT (LCE) RESERVED FOR USE BY FEWER THAN ALL THE OWNERS OF THE INDIVIDUAL UNITS.
3.) THE PERMITTED ENCROACHMENTS AS SHOWN HEREON ARE PER THE ENCROACHMENT EASEMENT AT PAGE 17 OF THE
SUBDIVISION/PLANNED UNIT DEVELOPMENT AGREEMENT LIMELIGHT LODGE/SUBDIVISION PLANNED UNIT DEVELOPMENT RECORDED JULY
26, 2006 AS RECEPTION No. 526848; AND PER THE FINAL PLAT OF LIMELIGHT SUBDIVISION/PLANNED UNIT DEVELOPMENT RECORDED JULY
26, 2006 AS RECEPTION No. 526850.
4.) WITH THIS FIRST SUPPLEMENTAL MAP, DECLARANT RESTATES AND AFFIRMS THE DEPICTION OF UNITS, GCE, AND LCE AS SET FORTH
AND DEPICTED ON THE MAP RECORDED ON NOVEMBER 20, 2008 IN PLAT BOOK 89, PAGES 11 THROUGH 18, RECEPTION NO.554414.
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GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH
AS -BUILT DIMENSIONS AND ELEVATION INFORMATION
INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING
TO UNFINISHED DRYWALL SURFACE OF CEILING
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg IIII
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FIRST SUPPLEMENTAL CONDOMINIUM MAP OF:
•
BUILDING TAI
GCE -GENERAL
LCE - LIMITED C
SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE l
C - COOPER UNI
WS - WESTSIDE
P-PENTHOUSEi
AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE
ARE GCE.
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.)
S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.)
HATCH INDICATES THIS PORTION DOES NOT CHANGE FROM
THE MAP OF MONARCH ON THE PARK. THESE AREAS
SHOWN FOR INFORMATIONAL PURPOSES ONLY,
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON,
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN. STATE OF COLORADO
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET)
1 inch =10 ft.
PLAN VIEW SECOND LEVEL
HORIZONTAL SCALE: 1' =10'
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORAD081623
(970) 704-0311
RECEIVE®
DEC 0 2 1008
COMMUNIIMAP NOTES
YO E ES�pME"
1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS ARE HATCHED TO DENOTE AREAS FROM THE CONDOMINIUM MAP OF
MONARCH ON THE PARK THAT ARE NOT MODIFIED BY THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK.
ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED
1E INDIVIDUAL UNITS.
ENT EASEMENT AT PAGE 17 OF THE
)N PLANNED UNIT DEVELOPMENT RECORDED JULY
N/PLANNED UNIT DEVELOPMENT RECORDED JULY
EPICTION OF UNITS, GCE, AND LCE AS SET FORTH
ES 11 THROUGH 18, RECEPTION NO, 554414.
GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH
AS -BUILT DIMENSIONS AND ELEVATION INFORMATION
INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING
TO UNFINISHED DRYWALL SURFACE OF CEILING
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg
0
ri
FIRST SUPPLEMENTAL CONDOMINIUM MAP OF:
n
BUILDING TA
GCE-GENERAI
LCE - LIMITED C
SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE
C - COOPER UN
WS - WESTSIDE
P-PENTHOUSE
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE
ARE GCE.
GRAPHIC SCALE
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING 10 0 5 10 20 40
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT IN FEET
CALCULATIONS.
1 inch =10 ft.
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.)
S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.)
HATCH INDICATES THIS PORTION DOES NOT CHANGE FROM
THE MAP OF MONARCH ON THE PARK. THESE AREAS
SHOWN FOR INFORMATIONAL PURPOSES ONLY.
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
PLAN VIEW THIRD LEVEL
HORIZONTAL SCALE: 1' =10'
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
DECEIVED
DEC 0 2 2008
MAP NOTES OMMrNIrop Aso MFFIv��))
1.) ON SHEETS 3 THROUGH 7 OF 8 OF THIS MAP, CERTAIN AREAS ARE HATCHED TO DENOTE AREAS FROM THE CONDOMINIUM MA�P"OF
MONARCH ON THE PARK THAT ARE NOT MODIFIED BY THIS FIRST SUPPLEMENTAL CONDOMINIUM MAP OF MONARCH ON THE PARK.
ELEMENTS (GCE) UNLESS IDENTIFIED AS A LIMITED
iE INDIVIDUAL UNITS.
ENT EASEMENT AT PAGE 17 OF THE
)N PLANNED UNIT DEVELOPMENT RECORDED JULY
N/PLANNED UNIT DEVELOPMENT RECORDED JULY
EPICTION OF UNITS, GCE, AND LCE AS SET FORTH
-S 11 THROUGH 18, RECEPTION NO. 554414.
GENERAL NOTES
PLAN VIEWS ARE FROM ARCHITECTURAL SUBMITTAL DRAWINGS UPDATED WITH
AS -BUILT DIMENSIONS AND ELEVATION INFORMATION
INTERIOR CONDOMINIUM UNIT DIMENSIONS ARE FROM UNFINISHED DRYWALL
SURFACE TO UNFINISHED DRYWALL SURFACE
INTERIOR CONDOMINIUM UNIT ELEVATIONS ARE FROM TOP OF SUBFLOORING
TO UNFINISHED DRYWALL SURFACE OF CEILING OR TONGUE AND GROOVE
WOOD CEILING
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg
0
0
FIRST SUPPLEMENTAL CONDOMINILM MAP OF:
MONARCH ON THE PARK
A PARCEL OF LAND SITUATED IN SECTION 13, TOWNSHIP 10 SOUTH, RANGE 85 WEST AND SECTION 18, TOWNSHIP
10 SOUTH, RANGE 84 WEST, OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO
I I I I I
I I I I
I I I I I I
I I I I I
------- ------
-------- - - - - -- -------
NORTH ELEVATION VIEWS
HORIZONTAL SCALE: 1' = 10'
I I
I
I I
I _ I
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
SOUTH ELEVATION VIEWS
HORIZONTAL SCALE: V = 10'
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON.
I I
I I
I I
I I
I I
I I
I I
---- ----------------
EAST ELEVATION VIEWS
HORIZONTAL SCALE: 1' 10'
BUILDING TABLE
GCE -GENERAL COMMON ELEMENT
LCE - LIMITED COMMON ELEMENT
SF - SUBFLOOR
CE - CEILING
PS - PARKSIDE UNIT
C - COOPER UNIT
WS - WESTSIDE UNIT
P- PENTHOUSE UNIT
AREAS NOT DESIGNATED WITH CONDOMINIUM UNIT NUMBERS OR AS AN LCE
ARE GCE.
INTERIOR COLUMNS (STRUCTURAL ELEMENTS) AND ATTACHED BUILDING
UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE
GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR
WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT
CALCULATIONS.
N14°52'02"E NORTH -SOUTH INTERIOR WALL BEARING (TYP.)
S75°07'58"E EAST -WEST INTERIOR WALL BEARING (TYP.)
SOPRIS ENGINEERING - LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
I I
I
I I
I
I I
--------- ----- -------------------
--------�
--------------------------
WEST ELEVATION VIEWS
HORIZONTAL SCALE: 1' = 10'
57.70 ROOF
K
RECEIVED
DEC 0 2 1008
CITY OF ASPEN
COMMUNITY DEVELOPMENT
28053.0212/02/08 28053-CONDO-REZ-amend-1.dwg