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Home My WebLink AboutLand Use Case.100 E Cooper Ave.0039.2008.ASLU1UU t. LUUMt=K *2 - 2/30-1244/ IU IL - =, DESIGN REV. VARIANCE 00309.2008 - f- . A- , 4 C j j f F ...bi Sca) 4 =-u 16 1 IL External Media _ I -. .F. =1 Located Here M-008003 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0039.2008.ASLU PARCEL ID NUMBER 2735-12-4-71-012 PROJECTS ADDRESS 100 E. COOPER #2 PLANNER ERRIN EVANS CASE DESCRIPTION DESIGN VARIANCE REPRESENTATIVE ROWLAND & BOUGHTON DATE OF FINAL ACTION 10.20.08 CLOSED BY Angela Scorey on 03/03/2009 0039.2008. ASLU f&'Woellf 2335 -Il- 9 -11 -012 [El Permits ble Edit Record Navigate Fgrm Reports Format Iab Melp @ 42) â€¢X h )/ 4 141 QI Â® -3 4 9'J.] ~4 4 B W O ,*] Uk lump 1 : * *~* 1 ~ â‚¬1 -01 .i 21 0 .1 .3. e . a L Main~ Custom Fields |Attachments| Folle-Up Notifications | Feei |Conditions |Actions | Fee SummarM | Parcek | Sub fermits | Routing Elistory | Routing Status I Mall Permit Type laslu ~*|Aspen Land Use Permit *t *39,26~~*Slli~ Addiess |100 E COOPER AVE Â£| Apt/Suite |2 City,MSPEN State PO .1 Zip ~81611 Â£| Permit Information -- -- - - - - --- -- ----- Master Permit ~ Routing Queue |aslu07 Applied |09/04/2008 ~j Project ~ 21 Status ipending Approved | Description RESIDENTIAL DESIGN REVIEWVARIANCE- STAFF APPROVAL Issued ~ ~ Final ~ ~ Submitted ROWLAND& BROUGHTON 544-9006 Clock MGning- Days 1--6- Expires 108/30/2009 3 Owner Last Name ~DER BORGHOF CONDOMINI~ Filst Name ~ 100 E COOPER AVE ASPEN CO 81611 Phone ~ 12 Owner Is Applicant? Applicant Last Name |DER BORGHOF CONDOMINI -~ First Name | Phone ~ Cust # |28359 Lender Last Name ~ Â£| First Name | Phone ~ AspenGold[b] ~ peceift* 2415@ CY./ . 4~ C.~ 09 ~ *4001 ~ sdnoill gel 1 ~ . NOTICE OF APPROVAL For Three Residential Design Variances Parcel ID No. 2735-124-71-012,2735-124-71-013,2735-124-71-016,2735-124-71-017, 2735-124-71-020,2735-124-71-021 APPLICANT: Der Borghof Condominiums REPRESENTATIVE: Rowland and Broughton Architecture and Urban Design SUBJECT OF 100 E. Cooper Avenue AMMENDMENT: SUMMARY: On behalf of the owners of the six subject properties, Sarah Broughton has applied for three administrative variances from the Residential Design Standards The applicants would like to remodel the existing building and add a third story on to the existing twelve units. They plan to renovate the units and reuse as much as the original building as possible and intend to demolish less than 40% of the existing structure as defined by the Land Use Code. The three variances to the Residential Design Guidelines include allowing the front doors to be located more than 10 feet back from the front most wall of the building, allowing some of the front porches to be enclosed on the sides, and finally, allowing the first story street facing element to be less than 20% of the building's overall width and with less than six feet of projection. The application meets the criteria to be considered for administrative approval for the three variances. Because the project is remodeling an existing building and these non- conforming conditions already exist, the Community Development Staff support the variances. The Community Development Director has the authority to approve the requests for variances and then must provide the Planning and Zoning Commission an annual report of approvals. STAFF EVALUATION: r he proposed variances are appropriate for the neighborhood where the building is located. Most of the surrounding developments are older buildings that also have components of the buildings that do not meet the Design Standards. All three of the variances are to accommodate existing conditions on the existing building. 7 he project involves remodeling an older building without demolishing the structure. Staff supports the remodel because the existing building will be maintained and the new construction will generate less construction waste than if the building was removed and 1 designed within conformance of the Residential Design Standards of the Land Use Code. The applicant will be required to adhere to all other sections of the Land Use Code and the International Building Code. REVIEW CRITERIA: Administrative Variances. The applicant may seek an administrative variance for not more than three (3) of the individual requirements. An applicant who desires a variance from the Residential Design Standards shall demonstrate and the Community Director shall find that the variances, if granted would: a. Provide an appropriate design or pattern of development considering the context in which the development is proposed and the purpose of the particular standard. In evaluating the context as it is used in the criteria, the director may consider the relationship of the proposed development with the adjacent structures, the immediate neighborhood setting, or a broader vicinity as the director feels is necessary to determine if the exception is warranted; or The current building jits into the context of the neighborhood as it sits today. The proposed remodel will not change the context of the building, as it is only addition and renovation. The non-conformingfeatures that the applicant is seeking a variance for already exist. They are minor in nature and cannot be remedied for this renovation. All three ofthe variances are the result of the location of structural, load bearing walls, Several ofthe nearby buildings were builtin the same time period that the subject building was constructed. There are also other non-conforming features in the neighborhood. The current building, even with the non-contbrming features, allows the residents to integrate with the pedestrians on the street and their neighbors in the adjacent units. The intent of the Residential Design Standards is to ensure that the neighborhoods and streets are conducive to walking, encourage interactions between residents and passersby and the built environment. Unfortunately the parking areas are located in the front of the buildings, but this cannot be changed while maintaining the existing building. Otherwise, the current configuration meets the intent of the Code and granting an approval of the three requested variances will not detract from the street atmosphere. Stat.ffinds this criterion to be met. b. Be clearly necessary for reasons of fairness related to unusual site-specific constraints. There are no site specific constraints. DECISION: The Community Development Director finds the application is consistent with the criteria for Administrative Variance as per Land Use Code Section 26.410.020 (D) (1) (a) and thereby, APPROVES the three variances as requested. 2 APPROVED BY: # 04Â· A /11)05 CHIÂ·is Bendon Date Community Development Director EXHIBIT A: The variances as outlined in the application. 3 014{gi-r A ~,4.-C.. Ers.111~ =E= rowland+broughton architecture and urban design 28 September 2008 Todd Grange Zoning Officer of Community Development City Hall 130 S. Galena Street Aspen, CO 81611 PROJECT: Der Berghof Remodel/Addition - 2616 PERMIT: 0021.2008.ARBK CC: Jennifer Phelan (City-Senior Long Range Planner) Mike Knapp (Der Berghof HOA President) Re: Der Berghof Remodel/Addition - Administrative Variance for three Residential Design Standards - Response to Attachment #4 Dear Todd, Rowland+Broughton Architecture is representing the Der Berghof Condominium owners of 100 E. Cooper Street in seeking an Administrative Variance for three Residential Design Standards. Project Description - The Der Berghof Building Remodel/Addition project consists of taking an existing 12-unit multi-family two story building and adding a third story while maintaining 12 units. Unit #2 is having a minor expansion and Unit #6 is having a major expansion. The exterior is being remodeled. All alterations are being completed under the 40% allowable demolition threshold. Legal Description - Der Berghof Condominiums as shown on the Plat recorded at Book 4, Page 467. Lots K, L, M and N, Block 69 City and Townsite of Aspen, County of Pitkin, State of Colorado John Rowland and Sarah Broughton reviewed the project with Jennifer Phelan and Todd Grange on 25 August 2008. After this meeting, Jennifer Phelan and Todd Grange presented two design standards for staff review with regard to appropriateness to this project. Per an email from Todd Grange on 28 August 2008 (see attached), there are two residential design standards that do not apply for this project and therefore do not require variances. These standards are: 26.410.040 (C)(1)(b) and 26.410.040 (D)(3)(a). Our current plans do not require changes. This application is asking for three variances as outlined below. The review standards relevant to this application are the Residential Design Standards part of the land use code Title 26 Aspen municipal code, Chapter 26.410. Below each variance request, we have outlined the review criteria for granting a variance as per 26.410.020. Specifically for our variance application, the following items apply: 1 of 3 online w .rowlandbroug l n.com i office. landbrot- hton. m ( O 0 ve F <, a e street #10~6, denver co 852, 30~3~8.137~3~ f 303.30 .1375 ~16 pen 7 s.brn~narch street, aspen co 81611 r Â£970 6 f 970.544.~473 , Variance 1 - 26.410.040 (D)(1)(a) - The entry door shall face the street and be no more than ten feet (10'-0") back from the front most wall of the building. The code requires multi-family units shall have at least one street-oriented entrance for every four units. The Der Berghof Building has twelve (12) units total. All twelve units have entry doors facing the street creating an animated street relationship (the second part of this criteria is met). The front most wall is a structural wall that runs north/south, perpendicular to the face of the building where the front doors occur. There are four (4) of these structural walls, measuring 2'-2" wide. We need these ~~ structural walls in order to utilize the existing building. We are non-compliant in only four (4) areas, where the front doors are 12'-0" back from the face of the structural wall. We feel that the building complies with this guideline for the majority of the building and that the intention of the code having front doors face and animate the street is met. Review Criteria, 26.410.020: a. DerBerghof is in a mixed-use neighborhood. Directly across the street in two directions are other multi-family buildings. These adjacent buildings do not meet this criteria as well as DerBerghof. The front doors of DerBerghof do face the street and do have a relationship with Cooper Avenue. As a homeowner at DerBerghof, we cannot open our front door without waving and talking to neighbors walking by or even across the street at Koch Park! b. DerBerghof is a reuse project and remodel. There are constraints to reusing the building that require the structural walls to create a 12'-0" length to the front doors in just four areas. This is a site-specific constraint due to the nature of the remodel preserving the existing building. Variance 2 - 26.410.040 (D)(1)(b) - A covered entry porch of fifty (50) or more square feet, with a minimum depth of six feet (6'-0"), shall be part of the front fagade. The existing and proposed building design all have front porches at the front doors facing the street. Each proposed porch is at least 110 square feet and 6 feet deep. Due to this building being multi- family and the need for some privacy between the units, only Units #1 and #6 meet the definition of porch from the land use code. The definition requires that two or more sides are open for an area to be considered a porch. The remaining existing and proposed porches all have privacy walls between the adjacent porches, but are open out to the street. We feel that the existing structure is non- compliant and that we are making the existing non-compliancy more in keeping with the standard by providing porches to the prescribed dimensions. Review Criteria, 26.410.020: a. DerBerghof is in a mixed-use neighborhood and none of the adjacent buildings meet this code. The remodel is providing front porches to all the units at the prescribed depth and all are open to Cooper Avenue. Having lived in this building and other multi-family buildings for years, it is important that the porch is a semi-private space as you transition into the interior unit. The proposed design maintains front porches, but allows for some privacy from the units on either side. This will make the unit owners more apt to use their front porches and animate the street. Variance 3 - 26.410.040 (D)(2)- First story element - All residential buildings shall have a first-story street facing element the width of which comprises at least twenty (20) percent of the building's overall width and the depth of which is at least six (6) feet from the wall the first-story element is projecting from. 2 of 3 1 '. Rowland+Broughton understands this standard and feels that the existing building is non-compliant with this standard. The proposed design treats each unit fairly and the space is allocated so that all twelve (12) units share the same level of light and street orientation. To comply with this standard would require the existing building to be demolished and a new design created as a replacement. The proposed design offers a more green and sustainable solution. Due to the nature of this project being a remodel and reuse, we are constrained by the current shape (a pre-fab box). Review Criteria, 26.410.020: c. DerBerghof is in a mixed-use neighborhood and the adjacent neighbors across the street in two directions are also multi-family and multi-story. Given this context, the proposed design for DerBerghof fits into the neighborhood context and succeeds in meeting most residential design guidelines. We hope that this project exemplifies a reuse project and how resources can be saved and made better without ripping down and replacing. d. DerBerghof is a reuse project and remodel. There are constraints to multiple owners of the condominiums that necessitate a very equal design and distribution of space, windows, porches, etc. The reuse of the building does not allow this criteria to be met. Thank you for the opportunity to present this project and we welcome any conversation or questions regarding this application. Sincer,di~, 1 3#1/1//LayÂ«~. lo,/ -D 7 -- 1. 6-aiah Broughton, AIA 3 of 3 - 0 Q % CD 0 Be*EFEEE trEE_ e -2 24 * El- 993 %%E rowland+broughton architecture and urban design TRANSMITTAL Project: Der Berghof Remodel/Addition - 2616 Subject: Variance Application - Additional Items Date: 30 September 2008 To: Jennifer Phelan From: Sarah Broughton g:g O 85Â»fC Via: Hand delivery (5 g P 2-PE Attachments: See below OJO Bet If you do not receive all attachments listed above please call immediately. 3 CC: Hello Jennifer, Enclosed are the materials you requested for the completion of the variance application for the Der Berghof Condominiums, Permit: 0021.2008.ARBK. Included are: Response to Attachment #4, hard copy and on a CD Letter from the HOA President, Mike Knapp Title information for all units Please let us know if there is anything else we need to provide to make the variance application complete. Regards, RECEIVED Sarah Broughton SFP 3 0 2008 CITY â‚¬ 0: ASPEN COMMUNITY JuviLOPMBIT nline S ~~t, aspen c~t~~Etif f 97053434038473 ~7 k street # 1~, FcEvfr co 375 Der Berghof Condominium Association DATE: September 8,2008 TO: City of Aspen FROM: Mike Knapp, Der Berghof Condominium Association President SUBJECT: Land Use Application, 100 E. Cooper Der Berghof Condominiums Permit #: 0021.2008 ARBK The Home Owner' s Association of the Der Berghof Condominiums authorizes and directs Rowland+Broughton Architecture and Urban Design to submit a land use application for the three variance criteria. Mike Knapp, Der Berghof Condominium Association President COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 22,2008 at 8:00 AM Case No. PCT22253L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: BISQUE JACKSON 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 1, DER BERGHOF, according to the Condominium Map thereof, as recorded May 24, 1974 in Plat Book 4 at Page 467 and as further defined and described in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30,2006 as Reception No. 531664. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: IC- SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. 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 in area, encroachments, 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. 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. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 309,474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws" 8. Terms, conditions, provisions, obligations and all matters as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30,2006 as Reception No. 531664, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 24,1974 in Plat Book 4 at Page 467. 11. Terms, conditions, provisions and obligations as set forth in Statement of Election to Accept the Colorado Common Interest Ownership Act recorded September 13, 2006 as Reception No. 528554. 12. Deed of Trust from : BISQUE JACKSON To the Public Trustee of the County of Pitkin For the use of WELLS FARGO BANK, N.A. Original Amount $ 695,000.00 Dated : July 6,2006 Recorded : July 7,2006 Reception No. 526174 13. Deed of Trust from : BISQUE JACKSON To the Public Trustee of the County of Pitkin For the use of : WELLS FARGO BANK, N.A. Original Amount : $ 250,000.00 Dated : October 31, 2007 Recorded : November 26,2007 Reception No. : 544934 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT22253L/PROFORMA .. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: September 22, 2008 at 8:00 AM Case No. PCT22255L 2. Policy or Policies to be issued: (a) ALTA Owner's Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: PROFORMA (b) ALTA Loan Policy-(6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy-(6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JOHN G. ROWLAND and SARAH M. BROUGHTON 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 3, DER BERGHOF, according to the Condominium Map thereof, as recorded May 24,1974 in Plat Book 4 at Page 467 and as further defined and described in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30,2006 as Reception No. 531664. PITKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970-925-1766 Phone/970-925-6527 Fax unless the Insuring 877-217-3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: .- SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to-wit: THIS COMMITMENT IS FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCIAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. 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 in area, encroachments, 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. 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. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 309,474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 8. Terms, conditions, provisions, obligations and all matters as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the First Amended and Restated Condominium Declaration for Der Berghof Condominiums recorded November 30,2006 as Reception No. 531664, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Easements, rights of way and all matters as disclosed on Plat of subject property recorded May 24,1974 in Plat Book 4 at Page 467. 11. Terms, conditions, provisions and obligations as set forth in Statement of Election to Accept the Colorado Common Interest Ownership Act recorded September 13,2006 as Reception No. 528554. 12. Deed of Trust from JOHN G. ROWLAND and SARAH M. BROUGHTON To the Public Trustee of the County of Pitkin For the use of : AMERICAN MORTGAGE NETWORK, INC., A DELAWARE CORPORATION Original Amount : $ 900,000.00 Dated : August 10,2007 Recorded : August 17,2007 Reception No. :541132 PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970-925-1766/970-925-6527 FAX TOLL FREE 877-217-3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING_THE CLORING OETHIS FILE ARE AS FOLLOWS: ALPINE BANK-ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2020065129 REFERENCE:PCT22255L/PROFORMA Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: Â· Information we receive from you, such as your name, address, telephone number, or social security number; Â· Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. - 30.14*-r"*-lf,1 CON]DOMMOUX [M]AP OF DIE[R En[E[FES{LDÂ©[F r 4 4 - Â· * Â©ad[IOEW'S CE[FE-[FOIFJ Â©ZA-TLE .* t --' -Â«,01* Â·rwl .0. Â£-02LÂ·=u: KNOW ALL MEN B. THEÂ·~E PPISENTB TUE OWN... IN P.. .M O- 7-1 ' e PC.C...DE=.C, .... Pmulâ€¢~Rrv LOâ‚¬.7-= R .-r-r-1, i â€¢,r IN T-E C.,Ty -0 -re-Nâ€¢i T. .04â€¢,4/Â¥ .J- .Ir.,N Gr.Â·re .3- C..0/*ICI -C,Â£. CEAr--1 + ..AT .Wâ€¢. ..P Ce A %.SHOâ€¢ WAS -2 **V Â·.0 -r~. 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Â·=.6744'* .2661 '+1 1 3.t:,I.'21.- ''-~&'A'.'E ~_ :lan.Â·.Â·-L -,CALE-@L- - li.'..5E-r '4U.*.WAW */Â£ va* W.WAÂ« 4/L :/il"Lk//--- I-//il,ilr 5â€¢09Â£; 2 of 4 &:l .: 1 SECOND [neon PLAN, f i f i-=- 1 .1- 2 1 -- - r, I j i 1 r,6 .1.+ 1 ..r 1 J 1 E .1 I | 7 1 5'04 0 1 Uo.,-r ZAâ€žA *e , 1 8 1 850te I UN,m ' 1 7 2- 31 4 | FJ 3-'. * 9 U.,-r ~ IO UN,T " 11 UNerÂ· 12 | 9 | 8285 1 10 1 sao 830.6 | 12 I 327.5 1 / 1 N 00-2 : LE _ _ .f .4 ' A '4 , pow.KI, NOT uNIA.Uac: IN A.I.A. 1... 1-TiU-GJJ â€¢uil + I. ' /4 *I . .. W/9. Cle-4 ....4 E'='.fiR L_44 L 4=L_ -1 1 t--IÂ·i~ - H-' 1 r 1 L-ht!> 4f 1' l SCZA[LI : P.A. Pbil 93%/ 704/ wf'.89 110./. - j.m Â·-4. U.l a. ur,E. L.C.â‚¬1 0 - 1 dER .1, r- 1 .. 1 f 1 1' 1 4 /4-.-.Il U.E. ....%-Al , I ... L_CE SWEIT 3 0. 4 L Â»Witinly"/Fi .4 1 nkÂ»111~111111111'IN 5Â£A[LI. 1 'c . e I. BiluT Ct.Ev.Knomn ..'ME-I//04/ .-rip-/ I.lu ~r. -riÂ·,* 4,k.I I: '7/ i. I-.21....'r,n A._L q.. Â·- I II' 79~/p kr -_-2& /06/ t. 1/ 7/.&-- - r NimWiNM 0-9 8 .hlM S 1 jull'!jolimli .)â€¢.il le 11,~ r t2 S.~0,4.D -= 1 0- U 3- EN U, -ZIP 11 Mm /1,~ I. ..... 1 - DÂ»ti 7 - r--1--1 U.... , 1 i -1-ll--1 u... uw. 5 I Mi ...9 - al' 74.0-1.1 1--90 -1 ._11Â£.a tL,4. 78,07 8%Â· 8-tâ€¢., =2= ~Â¥4~L ky~ ~4- .cy mcÂ· , 5301." ELD.VA'TION 3..LIT 4 or 4 .1 STATEMENT OF ELECTION TO ACCEPT THE COLORADO COMMON INTEREST OWNERSHIP ACT C.R.S. 38-33.3-101, et seq. BE IT KNOWN THAT the Der Berthof Association, the association of unit owners for the Der Berehof Condominiums, Aspen, Pitkin County, Colorado (referred to herein as 'the Property"). as described in the Condominium Map thereof recorded in the real property records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records of Pitkin County, Colorado on May 23,1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration") has elected to accept the provisions of this Article 33.3. Title 38. of the Colorado Revised Statutes, which Article is known as the Colorado Common Interest Ownership Act (referred to herein as the "Act"). BE IT FURTHER KNOWN THAT: 1. There were persons entitled to vote on the question of whether to adopt the Act, and such question was considered by the members of the Association at an annual meeting held on Saturday, September 2,2006, and at that meeting the members of the Association elected to be treated as a common interest community under the Act, that a quorum was present at the meeting, and that such acceptance was authorized by at least sixty-seven percent of the votes that the members present at such meeting in person or by proxy were entitled to cast. 2. The names and respective addresses of the officers and directors of the Association are as follows: Michael Knapp, President Bat'ti Bourgault, Secretary Â£21_2222*LITreasurer Bisque Jackson, as of 9/2/06 Executed and Acknowledged as of the 2nd day of September, 2006. THE DER BERGHOF ASSOCIATION Name: President Secretary 111 lilli 111 lilli lilli 11 lili 1 09/13/2006 02:12 528554 Page: 1 of 4 JANICE K VOS CA-DILL P.TKIN COUNTY CO R 21.00 0 0.00 STATE OF COLORADO } } SS COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this 13 day of September 2006. by Michael Knapp as President of the Der Berghof Association. Â»24- Witness my hand and official seal ,#/.. -Â·St. Notf& Public My comImssion expires- 5~lq lO9 b) STATE OF COLORADO } * Commillion E,iles lily 19, Nm } SS COUNTY OF PITKIN } The foregoing instrument was acknowledged before me this day of September 2006, by as Secretary of the Der Berghof Association. Witness my hand and official seal Notary Public My commission expires: 528554 111111111111111111:)1111111111111111] 1111111111 Page: 2 of 4 09/13/2006 02:12 JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 0 0.00 - 1 STATEMENT OF ELECTION TO ACCEPT THE COLORADO COMMON INTEREST OWNERSHIP ACT C.R.S. 38-33.3-101, et seq. BE IT KNOWN THAT the Der Berghof Association, the association of unit owners for the Der Berehof Condominiums, Aspen, Pitkin County, Colorado (referred to herein as "the Property"). as described in the Condominium Map thereof recorded in the real property records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records of Pitkin County, Colorado on May 23, 1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration') has elected to accept the provisions of this Article 33.3, Title 38, of the Colorado Revised Statutes, which Article is known as the Colorado Common Interest Ownership Act (referred to herein as the "Act"). BE IT FURTHER KNOWN THAT: 1. There were persons entitled to vote on the question of whether to adopt the Act, and such question was considered by the members of the Association at an annual meeting held on Saturday, September 2,2006, and at that meeting the members of the Association elected to be treated as a common interest community under the Act, that a quorum was present at the meeting, and that such acceptance was authorized by at least sixty-seven percent of the votes that the members present at such meeting in person or by proxy were entitled to cast. 2. The names and respective addresses of the officers and directors of the Association are as follows: Michael Knapp. President Barti Bourgault. Secretary Bisque Jackson, Treasurer 6 Executed and Acknowledged as of the 2nd day of September, 2006. THE DER BERGHOF ASSOCIATION 66ouuÂ»02-- Michael Knapp Name: Bartidourgault President Secretary ~ 1111 111111111 111111 lili I ll lilli 09/13/2006 02:12 528554 Page: 3 of 4 JAN.CE K VOS CAUDILL PITK.I. COLN JY CO R 21.00 D 0.00 , STATE OF COLORADO } } SS COIJNTY OF PITKIN } The foregoing instrument was acknowledged before me this ~~ day of September 2006. by Michael Knapp as President ofthe Der Berghof Association. Witness my hand and official seal Notary Public My commission expires: STATE OF COLORADO } } SS COUNTY OF PITKIN } - The fo,egping instrument was acknowledged before me this ~(~A- day of September 2006, by 1 r+l ll>llrowtuitlts Secretary of the Der Berghof Association. lit Witness my hand and official seal Notary Kblic My commission expires: 5-h ~09 d,e!:!t~ i i LINELUE i ' 14 Commislion E*res MI 19, I 528554 09/13/2006 02:12 Page: 4 of 4 JANICE K VOS CAUDILL PITKIN COUNTY CO R 21,00 D 0,00 't: 1 , - -~ 1 3, 6 5,0304 (A tundred and liti, #,tÂ¢, Made this--16+ day 01 /7421#0+â‚¬42(. In the yar of our Lord on. thou-d .1*ht h-dd -d office or J. eighty-zttl/-f;*f'baween M. G. Miller u County and Probate Judge of the County of PAkin, in the State of Colorado, ind alâ€¢-râ€¢..0, IR ollce of J. W. Deane, County and Probate Judge of uld Pitkin Countr, ayarty of the Ar,;pal~ of the County of Pitkin and State of Colorado, party of the accond part. WITN}*Erli, THAT WHEREAS, under the provisions of the Act of Congress, entitled "Aa act for thereliefof the inhabitant, of citiesand towns upon the public lands," approved March 4 1861, J. W. Deane, u County and Probate Judic of Iaid Pitkin County, in the :tate doretaid, did | he townsite make a townsite calh entry under date of June 2, 188{, in the United States Land Onice at I.cadville, Colorado, for the l,Rd deâ€¢cnbed u the town,ar : rights and of Aspen; said entry being made in trust for the several use and bencAt of the occupant, of uid townsite according to their reâ€¢pectiva rightâ€¢ ind lay ofluty, intemts therein Which ,aid entry wai, by order of the Commiuioner of the General Land Ollice of the United State*, made on the Igth day of July, A. D, 1881, iumpended, and on the 5th day of May, A. D. 1884 by ,aid Commissioner held for cancellatlon, F that Ate, AND WHERRAS, on the :8th day of July, A. D. 1884, the Honorable Secretary of the Interior of the United State, by an order of that date, allowed said entry to be made. 051"y into AND WNEREAN, the United States of America did, by ita certain patent deed bearing date of March 3, A D. 1 88$, give, grant 8-1 coavey unto saiff tract the said J. W Deane, County and Probate Judge as aforeiald, in trust a, aforesaid, and to his aucces,or, and alligna In trust u abnald, the wid tract tliere.nto ab,we de,cribed, to have nd to hold the game, together with al! the right,0 privileges, immualtle, and appurtenance, of whit,oever nature thenunta i afore,aid. belonging unto the said J. W, Deane, County and Probate Judge u aforesaid, In truit al aforesaid, and to his lucces,on and uiliu in truit e ah-Id. 18 and the AND WHEREAS, by an act of the General Aâ€¢semby of the State of Colorado, entitled "An act to provide for th, dlip-! of town lot, ud the M afornald proceeds of,ale in townsite, entered upon public lands," approved the Ist day of March, A D. 1881, ft N provided that when lind in e,tored al a,R]Â·1081.1 Miller & the deeds shall be â€¢igned by the County and Probate Judic or lus succe:,or in oftice, under hil private meal AND Wumnu, the uld M. G Miller U ~ the succe=or of said J, W Deane a, County and Probate Judge of Pitkia Counly. AND WHImRAB; it appeara that....~U...44Â£05.4: 6444.,04.2tki uâ‚¬4*112-,4,.. ..........~â€ž, Jancy and legally entitled to lots, blocks and parcels or ground hereinafter described u the rightful occupant thereof, and il entitled to the occupancy and posse:sion cfeach and every of said lots, blocks and parcel. of land. iva of Otc NOW, THEREFORE, 1, M. G. Miller, County and Probate Judge of Pitkin County, in the Stite of Colorado, 111 comptlance with the la- of thi ' d, and his State of Colorado, and by virtue of the premises, and being the iucceisor in oflice or J. W. Deane, County ind Probate Judge . alheild, and 1,10 ~ ~~i,a~~raind~~t~~nmcoom(~er;;;#.thc ~ ). 7~yt,~~ ~,~ )T 1 .AR.9, .. ... ... ...DOLLARS, : granted, ~ lawful money oft!,c United St,rtes, to mc in hand paid by the wid party of th, second part, the receipt whereof Jâ€¢ hâ€¢râ€¢hy acknowledged, have gmalld, following ~ bargalned, sold and conveyd, and by these present, do grant, bargain, iell and confirin unto the iald paxy of the *econd p,Ft, all the Al!-Ing Colorado, tdescribed lots, blocks and parcels of land, iltuate, lying and being in Aipen townlite and City or Anpon, In the County 01' Pitkin Ind State of Colorida, to wit: Mt 14 Â£ 1-4 el. l) y f 1 ,359â‚¬11rgtd~*~tff glft :73%17~~26 -00Â·~41 74 0 f IlittliC TO ]UVE AND TO HOLD the uld land and premiles, together with all rightl, privileges, immunitle, and * of whil,201= =aw, thereunto belonging or in anywile appertaining unto the Baid.~-1.--------~--' -~~D W............7....1.................................... --......................... dizÂ£.......heir, mid a=igns Brever, clairn 01 PROVIDED, HOWEVER, that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper, w - q vall,1 -Ibil dim or nilatio. Posse"ion held under existing laws ; and provided further, that thia deed is hereby made and declared to be â€¢ubject to all the comditio.4 limitatio- and rcstrictions contained in Section 2386 of the Reviled Statutes of the United Stateâ€¢, 00 far u the game 11 applicable thereto. of J. W IN WIT}Cm#8 WHEREOF, 1, M. G. Miller, County ind Probate Judge of Pitkin County, in the St- of Colo.,10, ....... i. 4. 4 J. W. Deane, al aforuaid, have hereunto let my hand and afilxcil my private scal the day and year Grjâ€¢L above written. ...y*..Â».204221.- .... 1 - I STATE OF COLORADO, ~n c ) j -/,A, th A r (~1/1 and for COUNTY OF PITKIN. j L.*.1..... /&'.//62'ZÂ¢k.CAd/...........................8 ~*vakw* =d # ! i be the said County, in the State aforesaid, hereby certify that M. G. Miller, per,onally known to me to be the 2,3 and d v,. DA 1 pcrion whole name is sub,cribed to the annexed deed, appeared before me thi, day in per,00 and ute d , ,Â»Ur 1 j acknowledged that he executed the same al his voluntary act and deed as County and Probiti JU.:ge of the County of Pitkin, State of Colorado, for the uses and,urposes in uid deed set forth. 'A,l- Witnesâ€¢ my hand and nourial acal this... 2.2 -61,_-day 0{8.,4.*-~V A D. 1887.- rs= , Filed forrecord on the- 1 -d...3.24........... .. . ..........day of.. .~.C/+2/kn ---Â·- -Â·Â·Â·. -A. D. 108.2. at 3 Lrn ..O 'elect - 01 1 #9 ecorder. , '. D I. /4,1.,kn>j 9 / 746-'V,tiÂ·Cjt-*11 141..... .....-.......te~"#=pm=* Deputy. .i.i I Â»1+45 14 3,7 >53 â€¢ - *R100#Â¢~~dethi. J'~'~C. .. ...dayot ~~~~*i-e~.~intheyear of our I~rd ooe the-â€¢d etht htedred aad eighty. M, G. Miller u County and Probite Jud~ of the County 061tkin, in the State of Colorado, and luce-or la oace or J W, DI~~~~~y<abaddip~lute Judge of â€¢ald Fitkin County, u party of the arit p.* .d.................-.--_-_.._ ..........._ .._. - .- - - of the County of Pitkin and State of Colondo, party ofthe Econd part. WITNE,*IWIN, THAT WHERMAR, under the provilionâ€¢ ofthe Act of Congresâ€¢. entitled 'An act Br the reliefof the Inhabit..to or citie, and town, upcal the public linds," approved March 2, 1867, J. W. De.ne, u Coui,ly and Probate Judge of laid Pitkin County, la tile -t, aingid did ' make a townitte ca,h eatry under date of June 2, 188[, in the United State, Land Omce at Ikadville, Colorado, lor the land deâ€¢cribed " the town,?te ; 11 of Alpen; said entry being made in truit for the several use ud benefit of the occupents of aid townlite according to their respictive righu and 1 interest, therein. Which sald entry was, bl order or the Commisâ€¢loaer of the General Land Omce ofthe United Statei, made on the Igth day orJuly I A. D, 1881, mulpended, and on the 5th dr.y of May, A. D. 184 by Iaid Comminioner held for cancellation. AND WHEIEAR, o, the 18th day of July, A. D. 1884, the Honorable Secretary of thÂ® Interior of the United State' by an order of that date, allowed uld entry to be macie. AND Wilâ€¢11â€¢48, the United States of America did, by itâ€¢ certain patent deed bearing date of March 3, A D. 1885, give, grut and convey unt o the gid J. W. Deue, County and Probate Judge aa afore-id, in trust u aforesaid, and to hil succe:lon and allignâ€¢ In trult u â€¢Bresaid, the .id tract above d.cribed, to bâ€¢ve and to hold the same, together with atl the right*, privilegei, Immunities and appurtenance: of what,oever mature thereunto 1 6100:Ing unto thes,id J. W. Dcaoe, County and Probate Judge u â€¢forelaid, ln trust aâ€¢ â€¢foresâ€¢ld, â€¢nd to htâ€¢ â€¢ucceâ€¢orâ€¢ and ullinâ€¢ la trust u afore. d. AND WINRUS. by an act of the General Assemby of the State of Colorado. entitled "An act to provide for the disposal of town lot, and t!,c . procced, of ale in townstteâ€¢entered upon public lands," approved the Ist day of- March, A D. 1881,1Â¢ iâ€¢ provided that when land li entered u aixe,aid the deedâ€žhall be iigned by the County and Probate Judge or his succeuor in ollice, under hil prlvite leal. AND WHIRIAâ€¢, the â€¢ald M, G. Miller is - the auccâ„¢or of mid J. W. Deane u County and Probate Judge of Pitkin County. 1111) -Ma*it appeâ€¢â€¢ 4 A-/ , legally entitled to lots, blocks anrl parcels of ground hereinabr described u the rightful occupant thereof, and B entitled to the occupincy and po=,slon ofeach and every of Â»ald lots, block, and percoli or land. NOW, THIREFORE, I, M. G. Miller, County and Probate Judge of Pitkin County, in the State of Colorado, la compliance with the laws of the State of Cotorado, and by virtue of the premiles, and being the luccesâ€¢or in ofllce of J. W. De,ne, County and Probate Judge u afore.id, and his premlie, ild the ium of U.. 4..46....h......ittkwkst.tod . ....-.. .. ...............-...... .......-...................................DOLLARS, lawful money of the United States, to mc in hand paid by the sald party of the second p,rt, the receipt whereof li hereby acknowledged, have granted, bargalned, sold and conveyed, and by these preâ€¢entâ€¢ do grant, bargain, icll and confirm unto the sald party of the lecond part, all the following described lots, blocks and plcels of landeltuat~, tying ind being in Aspen townsite and City of Aspen, in the County of Pitkin aId State of Colorado, toÂ·wit: /0 - Ubt, e.-Ae, 443: MA =46 =*frk li Â«042, 4-Â£4 'tai) 1 i Fo . m HATE AND TO HOLD the â€¢aid Iand and prerni,es, together with atl rightâ€ž privilegg immunities and appurtenance, of whaboever nature ' ~ ./50Â£-24(:.heirs and aisigni forever. PROVIDED, HOWEVER, that no title shall be hereby acquired to any mine of gold, silver, cianabar or copper, or to iny valid miciog claim or poiession heid under exiiting laws; and provided further, that thiâ€¢ deed is hereby made and declared to be Bubject to alt the conditfoni, Hmitations and restrictions cuistained in Section 2386 of thâ€¢ Revi,ed Statutes of thc Uniled Stateâ€¢, m far as the ume 11 applkable thereto, , i IN WIT?118 WHEREPF, 1, M. G. Miller, County and Probate Judge of Pitkin County, la the State of Colorado, auccegor in of!;ce of J. W Deane, as aforesaid, have hereunto set my hind and anixed my private seal the day and year 8nt above written. f.. 1 --m-Il--1-.-I - .._..92&-2--,2*469 - .--A,-67--2.70/y STATE OF COLORADO,1. Ovy.JU. c. AA, .9 COUNTY OF PITKIN. ~ I...â€ž-2...... ~ - " 4. 11,1.44#7/M.1 -Â·------Â·Â·---- -â€¢ Notary Public in and for dd County, in the State ~msaid, hereby ceni64â€¢~t-i-8. Miller, per,Ully known to nle to be tile 42? the County of Pitkin, State of Colorado, for the use: and purposes in eld deed set ~th. penon whose name is subscribed to the an,exer! deed, appeared before me this day ia person and ~' acknowledged that he executed the oarne as his voluotary act and deed u County and Probate Judge of Wh- my hand and notarial -1 thts.....2..3?*.L..._â€ž.-- ........day 01:~Â¥-~0*0~;Z Â· A. D. 16~1 /1.- -792, C> 2364&206.Â£ 1â€ž00..1.... d A Filed for record on the.............0~.;0~......................day of.....~~ ....A D. 188/--it _ *.....0'clbck....051'Â· ..CK&1&*tolwfÂ·------..Rearder , 7, . 12 %9-443 7 -1 Ifir S-- / Tgbi, 00,4 r & /31 Ff .day 01 032/122*,-10' i. thc year of our Lord one thouland eight hu ded ad 1 324.42â‚¬ between M. G. Miller u County and Probate Judge of the County of Pitkin, ia the State of Colorado, and su,ces,or ia oflke of J. W. Deane, County and Probate Judge of oaid Pitkin County. as puty of the 6,st pan, and c 567. 722/4- j of the County of Pitkin an,1 State of Colorado, party of the second ~t~ 1Â¥1Tn-ETH, THAT WHERRUI, under the provisions ofthe Act of Coagres,, entit[ed " Aa act h the relicf of the inhabitants of citie, and ~ toÂ¥,0, upon the public 12!lds," approved March 1. 1867, J. W. Dcarle, a Cougty and Frobate Judge of -d Pitkia Couity, in the mtate afbreaid, did make a townsite cash entry under date of June 2. 1801, in the United States Land Onice at Leadville, Colorado, 6 11% L.al â€¢1:scribed u the townsile 1 of Aspca; mid entry being made in trust for the sevent ume and benelit of the occupint, of said tow-ite Ecording to their rt:pective lights Ind interests therein. Which gaid entry was, by order of the Commissioaer 0, the Geocral Land OfEÂ« uf the Unitcd State. made on the H,!h day of July, A D, 1881, suspended, and on thesth day of May, A. D. ;884, by said Commistioner hetd &,rcancellalioâ€¢. allowed said entry to be made. AND WHEREAS, on the 18th day of July, A. D. :84 the Honorable Secretary d the lite,ior of the United States by u ord- or thlt date, AND WHEREAS, the United States of America did, by ils certain patent deed bearing date or Much 3, A D. 1885, give, grut -1 ciovey unto ~ the said J. W. Deane, County and Probate Judge. a,resaid. in trust u albresaid. and to his ~lecesson and migu ia trust al aiweiald, th, -id tract above de.ribed, ta have and to hold the same, together with all the rights, privilegri, immwaities and appurteunce, of .1.1.0.ver nature tbertunto ~ belonging unto the slid J. W. Deame, County and Probate Judge aâ€¢ aixesaid, in truit u abemid, and to his iucc-0,5 aid -ign in tfult u diresâ€¢id, 1 AND WHEUEAS. by an act or the Gene,al Assemby of the state or Colondo, entitled "An act to pinvide fu the diâ€¢polal of town lotâ€¢ nod the | pro,eed, of,ale In townsites entered upon public lands," approved the Ist day of Manh, A, D, 1381, it is provided that whem land is catered u aA-id P 1 the decd. shall be ligned by the County and Probate Judge or his succe,lor in oalce, -Ic, his private acal. AND Wilia,As, the -id M. G. Miller 11 the succeuor of.Id J. W. Deane as County and Probate Judge of Pitkin Couity AND WHEREAB, k appears that._ - ........... legally entitled to lotl, blockâ€¢ and parcels of ground hereicafber described a the fightful occupant thereol; and U entitled to the occu,-cy ,ad pos,session of each and every of laid lotâ€¢, blocks and parcel. of land. NOW, THEILEFOR]4 I, M. G. Miller, County and Prob.:c Judge of Pakin County, in the Statc of Coloracto, in compliance with the kn of the ~ State of Colorado, and by virtue of the premises, and being the successor in oice or J. W. Deane, County and Frobak Judge. .Brcuid, and his successor in truil, in consideration of thâ€¢ vmmists ..the..mot M......149%_-u_,01â‚¬â‚¬2~22 1-2/. . ... ... ..DOLLARS, lawful money of the United States, to me in hand paid by the =id party of the secood part, ihc receipt whercoris hereby acknowledged, havi granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and coolirm unto Ihe said party of the *ccond part, all the following de.cribed lots, blocks and parcels of land, situate, tying wd being io Aspen townsitc ud City of Aspen, io the County of Pitkin and State of Colorado, toÂ·Wit: ff W, 4& 76-terki214 221.-.2 1 WL,al_~ 40#5 o.Â·,e-brbÂ£64.4 34 >AG,044 ,Â£ @34, AJ- AUtÂ» 04,1._. 9 0- 0 14Â« )461% 7+ 1- â€¢-4.~Â·-co k,..Ut,lefUG= 1 TO HAVE AND TO HOLD the said land and pernises, together with all rights, p,ivileges, immunities and appurtenance, of whitioevor nature ~ thereunto belonging or in any,visc appettaining unte the Mid -- , 1,3412.- 516" 7*. 162... heirs aad assigns Brever. PROVIDED, HOWEVEE, that no Utle shall be hereby acquired to any mine of gold, silver, cin=bar or copper, or to aa, valid mi~il, Glum or ~ posseâ€¢lion held under existing taws; and provided further, that this deed is hercby made and declared tobe subject to all the cooditionâ€¢, limitatiou ~ ' and restrictions cootained in Section 2386 of the RuiSed St.tutes oftbe United States, 30 faras the same is applkable thereto. 4 ~ ~IN WITNINI WHEKEOF, 1, M. G Miller, County and Probatc Judge of Nkin Couuly, in the Suk of Colorado, succe-r i. omce or J. W. 1 < Deane, aâ€¢ albresaid, have hereunto set my hand uid *Excd my private =al the day and year 6â€¢st above written. STATE OF COLORADO,1. OOUNTY 017 rITKIN ~ u 91-.'911,7 (Â»tw"Cldi . . ..... .- a Notary P,blic i, -d R,r said County, in the Selte aforesaid, bc,4, ccrlit, thiâ€¢ Rt If Miller. persoutly known to me to be the permoo whose name is iub,cribed to the anaexed decd, appeared before me tms day M Knon and ackno.ledged that be ex.:culed the same a. 11,5 voluntary act and deed as County and Probate Judge of 1 the Counly 01 Pitkin. Statc of Coloâ€¢.10, For the uses pad Iy'po=s ia said deed set fo:0. / Witness my hand amd *otarial scal this t. day ofâ€žMA ....4Mt/) A D. 1â€¢12 04*LZE...0,1 ~ -=== - ITI. -- -- A. D. 1/ at + 0'clock. 1Ek ~ - Filed rer record on the ......../9..3 ----'hy Â°f --IA,&-/ 6&45*- 4.1.:'MÂ· Â· Recoider. "' h Deputy. -d_ - 9---pM- Recorded at 10:02 0'cl--k A:I. Hay 24, 1974 Reception 50 167688 Peggy E. Miklich, REcorder 1 ..,c t 1 L. 01? d.: , 6,.(i:f,.' u GRANT OF EXEMPTION FROM SUBDIVISION REGULATIONS (v 04,28 7 1 isi 602 WHEREAS, DER BERGHOF CONDOMINIUM has applied for exemption from the Subdivision requirements of Chapter 20 of the Municipal Code of the City of Aspen, and WHEREAS, Section 20-10-(c) of said code provides as follows "(c) In a case where land being divided into condominium interests has, prior to the effective date of this ordinance, been platted into lots and blocks by plat recorded in the office of the Pitkin County clerk and recorder, such division of land shall be exempt from the definition of a subdivision set forth in Section 20-2 (a) when, in the judgment of the planning commission, such platted land fulfills all pertinent design requirements contained in Section 20-7 of this chapter," and WHEREAS, the DER BERGHOF CONDOMINIUM, situate on lots K, L, M and N of Block 69, City and Townsite of Aspen, will have satisfied all pertinent design criteria of Section 20-7 on fulfilling certain requirements, which requirements are a condition of this grant of exemption, NOW, THEREFORE, BE IT RESOLVED BY THE ASPEN PLANNING AND ZONING COMMISSION, ASPEN,,COLORADO: 1. That the DER BERGHOF CONDOMINIUMS, located on lots K, L, M and N of Block 69 of the City and Townsite of Aspen, Colorado, be exempted from the application of the Subdivision Requirements of Chapter 20 of the Municipal Code of the City of Aspen; 2. That such grant of exemption be conditioned upon a. the applicant constructing curb, gutter and side- walk improvements on that part of the property fronting Garmisch Street, such improvements to be completed on or before October 1, 1974; b. Â·Â·there being provided four (4) parking spaces off the public alley and to the north of the structure ati lots K, L, M and N of Block 69; 47 2 JOK 28 7 01 603 c. the applicant provide one (1) parking space off Garmisch Street but on the property of the applicant; . and d. the applicant close its continuing curb cut off Garmisch Street and remove all parking from the city right-of-way. Dated April 16, 1974 1 1/ 522#0-- Spe,4*er Fl Sphiffer d,1 Ac#ing Chaitman DV AsAn Planning and Zening Commission duly appointed and acting deputy city clerk, do herpry certify that the foregoing is a true copy of that resolution adopted by the Aspen Planning and Zoning Commission at its regular meeting held April 16, 1974 ~~~tUÂ·t ~er#fll~LAÂ·>T ~Deputy City Clerk </ V August 5, 1998 Der Bergho f Condominium Association C/O McCartney Property Management, Inc. Building 421-G / AABC Aspen, CO 81611 Re: Responsibility for the installed skylight above unit #10. To Whom It May Concern: As a condition o f Association approval for the installation o f a skylight above my unit, I agree to indemnify and hold harmless the Der Berghof Condominium Association for any damages to the building and repairs necessitated because of the Skylight. 1 acknowledge responsibility and liability for any problems arising from the installation of the above-mentioned skylight. Sincerely, ,Â·Â· l. r C.~t.L---:1 ~ u Vt L MA Â«u L Lucinda Morgan 4 Owner unit #10 1111111 lilli 111111111111 mil 1111111111111111111 lili lili 420341 08/el/1098 02:35P AGREEMEN DAVIS SILVI 1 of 1 R 6.00 0 0.00 N 0.00 PITKIN COUNTY CO 1 lill'Illm lilli mill'Illl'll 11/30/2006 03:22 531664 Page: 1 of 40 JAK.CE K VOS C UDILL PICK. N SOL..TY CO R 201.00 D 0.00 FIRST AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR DER BERGHOF CONDOMINIUMS jl er'll'll lill 1-1 lilli 111 11 1111It 11. 11/30/2006 03:22 531664 Page: 2 of 40 JAA.-CE K VOS CAUDILL PIfKIN COUNTY CO R 202.00 D 0 00 TABLE OF CONTENTS ARTICLE 1 NAME ............................ .............................. -1- ARTICLE 2 DEFINITIONS .. ............. -2- Section 2.1 "Act" -2- Section 2.2 "Articles" or "Articles of Incornoration" ............... -2- Section 2.3 "Association" .... -2- Section 2.4 "Board" or "Board of Directors" ...................... -2- Section 2.5 "Bvlaws" ........ -2- Section 2.6 "Common Areas"....,.. -2- Section 2.7 "Common Elements" -2- Section 2.8 "Common Expenses".... -2- Section 2.9 "Communitv-Wide Standard" ..-2- Section 2.10 "Condominium" Section 2.11 "County" Section 2.12 "Electronic Record".... .,.. -2- Section 2.13 General Common Element .......... ............... -3- Section 2.14 Governing Documents Section 2.15 Limited Common Elements -3- Section 2.16 Maiority .......................... .-3 - Section 2.17 Map -3- Section 2.18 Mortgage .... . e .......................... .... -3- Section 2.19 Mortpage or Mortgage Holder .................... -3- Section 2.20 Occupant Section 2.21 Owner , -3- Section 2.22 Person . . . -3- Section 2.23 Unit ARTICLE 3 LOCATION. UNIT BOUNDARIES. COMMON AND LIMITED COMMON ELEMENTS Section 3.1 Location Section 3.2 Units and Boundaries . -4- Section 3.3 Right to Combine or Divide Units. .......'...........1. -4- Section 3.4 Additional Units -5- Section 3.5 Common Elements.... -5- Section 3.6 Limited Common Elements -6- ARTICLE 4 ASSOCIATION MEMBERSHIP. ALLOCATION OF VOTES. AND ALLOCATION OF LIABILITY FOR COMMON EXPENSES -6- 11 1-11111~11-lili-11 11 11-- lili re 11/30/2006 03:22 ~ 531604 Page 3 of 40 JANICE K VOS C VCILL PITKL COL-r~TY CD R 201.00 D 0.00 Section 4.1 Membership -6- Section 4.2 New Additions to Common Elements ...... ............ -6- Section 4.3 Voting.... .. ..,....... .....,..... ...,........-7- Section 4.4 General Allocations ..,. ....... I ... ............. -7- ARTICLE 5 Section 5.1 Purpose of Assessment ...........................'.. -7 Section 5.2 Creation of the Lien and Personal Obligation For Assessments '...... .......1........... , Section 5.3 Lien for Unpaid Assessments Section 5.4 Delinauent Assessments - .. -8- Section 5.5 Computation of Budget and Assessment Section 5.6 Special Assessments Section 5.7 Specific Special Assessments ...................... -9- Section 5.8 Statement of Account ......... ..........., ...,.... - 10 - Section 5.9 Surplus Funds and Common Profits .............. - 10 - Section 5.10 Borrowing - 10 - ARTICLE 6 MAINTENANCE RESPONSIBILITY ......... -10- Section 6.1 Maintenance Bv the Owner ...... ................. .-10- Section 6.2 Maintenance Bv the Association ............. ........-12- Section 6.3 Mold and/or Mildew .. .....-13- Section 6.4 Inspection. Maintenance. Repair and Replacement of High-Risk Components .........,......,<. -13- Section 6.5 Failure to Maintain,.. 14- Section 6.6 Mechanics Liens - 14 - Section 6.7 Maintenance Standards and Interpretation - 14 - ARTICLE 7 ARCHITECTURAL CONTROLS Section 7,1 Authoritv of Board .. -15- Section 7.2 Architectural Standards ....... .................. -15- Section 7.3 Alteration of Units and/or Common Elements ........ -15- Section 7.4 Required Action bv the Board ............ ...... .... -16- Section 7.5 Encroachments onto Common Elements ................ 16 - Section 7.6 Condition ofApproval ........... ... - .... ......-17- Section 7.7 Limitation of Liabilitv ...... ..............,. ......- 17 - Section 7.8 No Waiver ofFuture Apl,rovals ........ ...........-17- Section 7,9 Commencement of Construction 17- ARTICLE 8 USE RESTRICTIONS ....... . ... 1...... ..... ..... ............... -18- iii 111'lill -lilli 11111'llj'll 11/30/2006 03:22 531664 Page; 4 of 40 JANICE K VOS CAUCILL PI-K: COUNTY CO R 201.00 D 0 00 Section 8.1 Use ofUnits -18- Section 8.2 Leasing -18- Section 8.3 Use ofCommon Elements....... ..... ...... ..,... -19- Section 8.4 Use of Limited Common Elements - 19 - Section 8.5 Prohibition of Damage. Nuisance and Noise. 19- Section 8.6 SiÂ£* . -19- Section 8.7 Rubbish. Trash. and Garbage .............1...... .. - 20 - Section 8.8 Unsightlv or Unkempt Conditions - 20 - Section 8.9 Antennas and Satellite Dishes . 20 - Section 8.1 0 Grilling -21- Section 8.11 Stored Personal PropertY ........................... -21 - Section 8.12 Rules and Regulations -21- ARTICLE 9 INSURANCE. ................... -21- Section 9.1 Association's Insurance ....... ...... - 21 - Section 9.2 Blanket Insurance ...... -22- Section 9.3 Required Insurance Companies - 23 - Section 9.4 Owners' Insurance . .. - 25 - ARTICLE 10 REPAIR AND RECONSTRUCTION - 25 - Section 10.1 Renair and Reconstruction ... - 25 - ARTICLE 11 EASEMENTS ........................................ ......... -26- Section 11.1 Easements for Use and Eniovment of the Common Elements and Common Areas ...... .,-26- Section I 1.2 Support -27- Section 11.3 Encroachments .................................... - 27 - Section 11.4 Utilities . Section 11.5 Public in Genera] ... .................. -28- ARTICLE 12 AUTHORITY AND ENFORCEMENT -28- Section 12.1 General - 28 - Section I 2.2 Additional Enforcement Rights ..................... -28- Section 12.3 Failure to Enforce ........ - 29 - ARTICLE 13 -29- ARTICLE 14 GENERAL PROVISIONS .............. .... .. . ........ -29- iv Iii-11111111 lilli lil li 1*lilli lillil 11/30/2006 03:22 531664 Page: 5 of 40 JAINCE K VOS CAU_ILL P -K. JOUB-Y CO R 201.00 0 0.00 Section 14.1 SECURITY -.0........'..., r........... -29- Section 14.2 Dispute Resolution... .......................... -30- Section 14.3 Imnlied Rights ................................. .. - 30 - Section 14.4 Electronic Records. Notices and Signatures .. ...... - 30 - Section 14.5 Duration â€¢....â€¢1.â€¢/0. -. '.~~â€¢'. .......~~*el.'ll, -30- Section 14.6 Severabilitv - 30 - TABLE OF EXHIBITS Exhibit A - Legal Description Exhibit B- Schedule B Exceptions to Title Exhibit C - Table ofAllocated Interests V 531664 lilillill 1#1-1 lilill' 11-111 li lli'111111 11/30/2006 03Â·22 Page: 6 of 40 JANICE K VOS JA__ILL FITKIN JOUITY 0 R 201,00 0 0.00 AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR DER BERGHOF CONDOMINIUMS This Condominium Declaration for Der BerghofCondominiums ("Declaration") is made effective upon recording. RECITAL.S A, The owners ofthe Der BerghofCondominiums recorded a Condominium Declaration for Der Berghof Condominiums in the real property records of Pitkin County, Colorado on January 23, 1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration"). B. This Declaration does not alter the undivided interest ofthe Units and does not terminate the Condominium. C. The purposes ofamendments in this Amended and Restated Declaration include, but are not limited to the following: to update the Original Declaration to comply with current state law; to clarify the allocation of maintenance responsibilities and insurance between the Association and the Owners; to delete declarant rights and responsibilities that are no longer applicable; to remove unreasonable use restrictions on the community, to update provisions so as to allow the Board of Directors to efficiently operate the Community and deal with Community concerns; to add provisions that provide tools for the Association to effectively solve problems and enforce the Declaration, Bylaws and Rules and Regulations and to facilitate conversion by the Association o fCommon Elements into new Units an(For Limited Common Elements. D. One of the goals of the Association is to preserve the value and desirability of the Condominium and the Units and to further the interests ofthe residents ofthe Condominium and Members of the Association; E. The Members of the Association wish to accomplish the goals recited above by the adopting this Declaration. NOW, THEREFORE, the Original Declaration is replaced by the covenants, servitudes, easements and restrictions set forth below: ARTICLE 1 NAME Thename ofthecondominiumis Der BerghofCondominiums (hereinaftersometimes called the *'Condominium," as further defined herein). -1- 1-111111111-11-111 lilli-11111111 11/30/2006 03:22 531664 Page: 7 of 40 JARICE K VOS -vOILL P *I COUN fY CO R 20..00 0 0.00 ARTICLE 2 DEFINITIONS Generally, terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall have their normal, generally accepted meanings or the meanings given in the Act or the Colorado Revised Nonprofit Corporation Code. Unless the context otherwise requires, certain terms used in this Declaration, the Bylaws and the Articles of Incorporation shall be defined as follows: Section 2.1 "Act" means the Colorado Common Interest Ownership Act, C.R.S. Â§ 38-33.3-101, etseq., as such Act may be amended from time to time. Section 2.2 "Articles" or"Articles ofIncorporation" meansthe Articles of Incorporation of Der Berghof Association, filed with the Secretary of State of the State of Colorado. Section 2.3 "Association" means the Der Berghof Association, a Colorado nonprofit corporation, its successors or assigns. Section2.4 "Board" or"Board ofDirectors" means the body responsible for management and operation of the Association. Section 2.5 "Bvlaws" mean the Bylaws of Der Berghof Condominiums, as they may be rnodified from time to time. Section 2.6 "Common Areas" shall mean the grounds, walks, drives and parking areas. Section 2.7 "Common Elements" mean those portions of the property subject to this Declaration, which are not included within the boundaries of a Unit, as more particularly described in this Declaration. Section 2.8 "Common Expenses" mean the expenses incurredor anticipated to be incurred by the Association for the general benefit of the Condominium including, but not limited to, those expenses incurred for maintaining, repairing, replacing, and operating the Common Elements. Section 2.9 "Community-Wide Standard" means the standard of conduct, maintenance, or other activity generally prevailing within the Condominium. Such standard may be more specifically determined by the Board of Directors. Section 2.10 "Condominium" means all that property as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference that is submitted to the provisions of the Act by this Declaration. Section 2.11 "County" means Pitkin County, Colorado. Section 2,12 "Electronic Record" means information created, transmitted, received or -2- 531664 11'H'Im-Ili 111'1111]Illl m'1111111111 Page: 8 of 40 11/30/2006 03:22 JANICE K VCS CAU_ILL BITKI CC-NTÂ¥ CO R 201 00 D 0.00 stored by electronic means and retrievable in human perceivable form, such as email, web pages, electronic documents, and facsimile transmissions. Section 2.13 General CommonÂ£lement means allofthe Common Elementsotherthan the Limited Common Elements. Section 2.14 Governing Documents mean this Declaration and all exhibits hereto, the Association's Bylaws, and the Condominium Map, all as may be supplemented or amended from time to time. Section 2.15 Limited Common Elements mean aportion oftheCommon Elements reserved for the exclusive use of those entitled to occupy one or more, but less than all, Units, as more particularly set forth in this Declaration. Section 2.16 Maioritv means those eligible votes, Owners, or other group as the context may indicate totaling more that 50% of the total eligible number. Section 2.17 Map means the Condominium Map of Der Berghofas recorded in the office o f the Clerk and Recorder of Pitkin County, Colorado, and as it may be amended from time to time. Section 2.18 Mortgage means any recorded mortgage, deed to secure debt. deed of trust or other transfer or conveyance for the purpose of securing the performance of an obligation including, but not limited to, a transfer or conveyance o f fee title for such purpose. Section 2.19 Mortgage or Mortgage Holder means the holder of any Mortgage. Section 2.20 Occupant means any Person staying overnight in a Unitregardless of whether such Person is a tenant or the Owner of such Unit. Section 2.21 QEper shall mean the record titleholder of a Unit within the Condominium, but shall not include a Mortgage Holder. For purposes hereof, the holder of a tax deed on a Unit shall be deemed the Owner thereof, notwithstanding the fact that there may exist a right of redemption on such Unit. Section 2.22 Person means any individual. corporation, limited liability company, firm, association, parmership, trust, or other legal entity. Section 2.23 {Jnit means that portion of the Condominium shown on the Map which is intended for individual ownership and use as more particularly described in this Declaration and shall include the undivided ownership in the Common Elements assigned to the Unit by this Declaration. ARTICLE 3 LOCATION. UNIT BOUNDARIES. COMMON -3- 11111'IMII Ill' 11111111111 11/30/2006 03:22 531664 Page: 9 of 40 JAN 'CE K VOS CAU. ILL PI7KIN COCNTY CO R 201.00 D 0.00 AND LIMITED COMMON ELEMENTS Section 3.1 Location. The Condominium subject tothisDeclarationand the Act is located in Pitkin County, Colorado, as more particularly provided in Exhibit A to this Declaration. The Map relating to the Condominium is in the records ofthe Clerk and Recorder ofPitkin County, Colorado. The Map is incorporated herein by reference as fully as if the same was set forth in their entirety herein, Section 3.2 Units and Boundaries, The Condominium is divided into 12 residential Units, Common Elements and Limited Common Elements and their appurtenant percentage ofundivided interest in the Common Elements. Each Unit shall be conveyed as a separately designated and legally described freehold estate subject to the Act and the Governing Documents and any rules and regulations of the Association. Each Unit includes that part o f the structure, which lies within the following boundaries: 3.2.1 Vertical Boundaries. The vertical boundaries ofeach Unit shall be the vertical planes formed by the unfinished interior surfaces of the perimeter or vertical walls. 3.2.2 Horizontal Boundaries. The horizontal boundaries of the Unit are the unfinished interior surfaces of the floors and ceilings 3,2.3 Additional Information to Interpret Unit Boundaries. All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, surface texture, wallpaper, paint, finished flooring and any other materials constituting the finished surfaces are part of the Unit and all other portions of the floors, walls and ceilings are part of the Common Elements. Each Unit includes the spaces and improvements lying within the boundaries of the Unit, including windows, window frames, doors and door frames. In interpreting deeds and the Map, the existing physical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original Map thereofshall be conclusivelypresumed to be its boundaries rather than the metes and bounds which may be expressed in any deed or the Map, regardless of settling or lateral movement o f the building in which the Unit was located, and regardless of minor variance between the boundaries shown on the Map or in a deed and those o f the Unit. rhe ownership ofeach Unit shall include, and therefor shall pass with each Unit, whether or not separately described in the conveyance thereof, that percentage of the right, title and interest in the Common Elements attributable to such Unit, together with votes and membership in the Association, an undivided interest in the funds and assets held by the Association, and the undivided interest in the Common Elements appurtenant to each Unit. Section 3.3 Right to Combine or Divide Units. Each Owner shall have the right to combine two contiguous Units or to divide two Units which have previously been combined in accordance with the provisions ofthis Section 3.3. There may beno other division, or combination -4- lillill'llull'111111111111111111111 11/3Â®/2006 03:22 531664 Page: 10 of 40 JANICE K VOS CAUDILL PITKIN COU, TY CO R 201.00 o e.ee ofUnits orrelocation ofboundariesbetween adjoining Condominium Units withoutthe prior written consent of the Association and shall be done in accordance with the procedures set forth in the Act. All improvements proposed for any Unit resulting from a combinationor division asprovided in the preceding sentence shall comply with Article 7 hereof. At] costs incurred in connection with the combination or division shall be borne by the Owner or Owners ofthe affected Units, including all cOStS incurredbythe Association in connection therewith. In connection with any such combination or division, the Owners ofthe Units being so combined or divided shall have the right, with the prior written approval of the Board, to redesignate, as part of a Unit or as a Limited Common Element, any portion of the Common Elements or any walls, ftoors or other separations between the affected Residential Units, which may be necessary or appropriate to accomplish such combination or division. Any previously combined Units which are subsequently divided, shall be divided on the same boundaries that originally existed between such Units. If Units are combined, the allocated interests appurtenant to the combined Residential Unit shall be the sum ofthe allocated interests in the Units that were combined as set forth in Exhibit C, attached hereto. Any previously-combined Units which are later divided shall be reinstated to the allocated interests which they had prior to the combination. An amendment to the Declaration and Map implementing a combination or division under this Section shall be executed and filed in accordance with the Act. Section 3.4 Additional Units or Additional Floor Area in ExistingUnits. The Association reserves the right lo create one or more additional units in the airspace above the current structure or to permit the conversion of such airspace into floor area to be utilized as part of one or more existing Units. Construction of such new units or additional floor area will be accompanied by a certificate of completion, executed by an independent licensed or registered engineer, surveyor, or architect stating that all structural components comprising any units created or enlarged pursuant to this Section 3.4 are substantially completed asset forth in C.R.S. 38-33.3-201. The maximum number of Units which may exist in the Condominium is 15. However, neither the Association nor the Board shall be authorized to implement either ofthe alternatives listed in this Section 3.4 without further action by the Association as a whole. Section 3.5 Common Elements, The Common Elements consist of all portions ofthe Condominium not located within the boundaries of a Unit. Ownership ofthe Common Elements shall be owned by the Unit Owners as tenants-in-common, subject, however, to control by the Association, as set forth in this Declaration. The Common Elements shall remain undivided, and no Owner or any other person shall bring any action for partition or division of the whole or any part. Except as provided for Limited Common Elements or as otherwise provided herein, each Owner and the Association may use the Common Elements for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Owners. The Association shall have the right to convert air space which constitutes a Common Element to one or more new Units or to convert such airspace into additional developed square footage within a Unit by amending this Declaration and the Map under the provisions of Section 3.4, above, Article 13, below, and other relevant sections of this Declaration and to convey ownership o fthe new Units or additional floor area to any Person. The Common Elements include the structural components ofthe buildings, including but -5- 11 Illu lilli-11-11 11.0111'll 111 Ii'11101 531664 Page: 11 ef 40 11/30/2006 03:22 JAA. CE K VOS CAUDILL PITKIN COUNTY CO R 201.00 0 0.00 not limited to: roofs, floors other than the interior surfaces thereof foundations, pipes, chases, ducts, flues, chutes, conduits, wires, and other utility installations to the outlets; flues, chimneys, vents and ducts installed in connection with fireplaces or stoves; bearing walls, columns and girders to the interiorsurfaces thereof, regardless oflocation; the balconies, patios, entryways lying outside the perimeter walls, walkways; all installations of power, lights, gas, hot, arid cold water existing for common uses, and the air space above and surrounding the Condominium on the real property described in Exhibit A, attached hereto. 3.5.1 ParkineSt)aces. Each condominium unit shall always have the exclusive use of one parking space, as historically assigned to each such Unit. All parking privileges expire on the date that the owner's interest in his condominium unit ends. The surface parking spaces located on the Real Estate (the "Parking Spaces" or "Spaces") shall be Limited Common Elements and subject to policies and procedures established from time to time by the Association. Section 3.6 Limited Common Elements. The Limited Common Elements means those parts of the Common Elements which are either limited to and reserved for the exclusive use ofan Owner ofa Unit or are limited to and reserved for the common use of more than one but fewer than all of the Unit Owners. ARTICLE 4 ASSOCIATION MEMBERSHIP. ALLOCATION OF VOTES. AND ALLOCATION OF LIABILITY FOR COMMON EXPENSES Section 4.1 Membership. All Unit Owners, by virtue of their ownership of a fee or undivided fee interest in any Unit in the Condominium, are members of the Der Berghof Association, a Colorado nonprofit corporation. Membership is notintended toinclude Persons who hold an interest merely as security for the performance of an obligation, but the giving of a security interest shall not terminate the Owner's membership. No Owner, whether one or more Persons, shall have more than one membership per Unit owned. The Project is hereby divided into twelve (12) separate Condominium Units, each of which shall have an eight and one-third percent (8 16 %) undivi(led interest in the Common Elements appurtenant thereto, which undivided interest in the Common Elements has been computed for each unit as a percentage of the total number of Units. The Association shall have the right to reallocate ownership ofthe Common Interests, as welI the votes in the Association and allocation of liability for common expenses, among the owners in a manner which is fair and equitable, in the event additional floor area is constructed in existing Units or if one or more Units are constructed and added to the Project, as permitted under Article 12, below. Section 4.2 New Additions to Common Elements. The Association shall have the right to construct new improvements on the Common Elements. Ownership of any such additions to the Common Elements shall be apportioned among all Condominium Units in proportion to the respective undivided interest in the Common Elements appurtenant thereto, as shown on Exhibit C -6- 1 Hill'11 111 -1.111 lilli -111'ill 11/30/2006 03.22 ~ 531664 Pagi: 12 of 40 JAN.CE K VOS C -.. ILL P I (KIN CC JkTY CO R 20..00 D 0.00 attached hereto, and shall be governed by this Declaration. The common expenses of any such additions to the Common Elements shall be apl)ortioned among the Units in the percentages or fractions identified in Exhibit C, attached hereto. Section 4.3 Voting. The Owner or collective Owners ofa Unit shall be entitled to one vote weighted in accordance with the Unit's percentage interest in the Common Elements. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exercised as those Owners determine among themselves, otherwise the Unit's vote shall be suspended ifmore than one Person seeks to exercise it, Section 4.4 General Allocations. Except as providedbelow orelsewhere in the Governing Documents, the amount of all Common Expenses shall be assessed against all the Units in accordance with the percentage of undivided interest in the Common Elements appurtenant to the Unit. ARTICLE 5 ASSESSMENTS. Section 5.1 Purpose of Assessment. The Association shall have the power to levy assessments as provided herein. The assessments for Common Expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment ofthe Owners and Occupants ofUnits in the Condominium as may bc more specifically authorized from time to time by the Board. Section 5.2 Creation o f the Lien and Personal ObliEzation For Assessments. Each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association. (i) annual assessments or charges; (ii) special assessments: (iii) specific special assessments against any particular Unit which are established pursuant to tile terms of this Declaration. Section 5.3 Lien for Unpaid Assessments. All such assessments, together with charges, interest, costs, and reasonable attorney' s fizes actually incurred (including post-judgment attorney fees, costs and expenses), and if the Board so elects, rents, in the maximum amount permitted by law, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shall also be the personal obligation of the Person who was the Owner of such Unit at the time when the assessment fell due. The Association shall have authority to record a notice of such lien in the Pitkin County, Colorado real property records evidencing the lien created under this Declaration. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. The lien provided for herein shall have the priority as set forth in the Act. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors. Unless otherwise provided by Board resolution, the annual assessments shall be paid in equal monthly installments due on the tenth (10) day of each calendar month. No Owner may -7- 11/30/2006 03.22 Uill page. 13 of 40 531664 JANICE K VOS C (JOILL PITIC -~LRTY CO R 221,00 0 0.00 exempt him or herself from liability for or otherwise withhold payment of assessments for any reason whatsoever, including, but not limited to, non-use of the Common Elements, the Association's failure to provide services or perform its obligations required hereunder, or inconvenience or discomfort arising from the Association's performance of its duties. Section 5.4 Delinguent Assessments. All assessments and related charges notpaid on or before the due date shall be delinquent, and the Owner shall be in default. 5.4. 1 If the annual assessment, any part or installment thereof or any other fine, special assessment or charge is not paid in full within ten days of the due date, or such later date as may be provided by the Board: 5.04.1.1 a late charge in an amount determined by the Board and set forth in the Association's collection policy may be imposed without further notice or warning to the detinquent Owner; 5.04.1.2 interest at the rate of Twelve Percent (12%) per annum, together with all expenses, including attorney's fees, incurred together with such late charges as provided by the By-Laws or Rules and Regulations of the Association. 5.04.1.3 upon 30 days written notice to the Owner, the Board may accelerate and declare immediately due all of that Owner's unpaid installments. Upon acceleration, that Owner shall thereby lose the privilege ofpaying any and aIJ assessments and charges in instaUments for that fiscal year, unless such privilege is otherwise reinstated in the Board's sole discretion. 5,4.2 Ifassessments, fines or othercharges, orany part thereof, remainunpaid more than 30 days after the assessment payments first become delinquent: 5.04.2.1 the Owner's right to vote shall be automatically suspended until all amounts owed are paid in full; 5.04.2.2 the Association, acting through the Board ofDirectors, may institute suit to collect all amounts due pursuant to the provisions of the Declaration, the Bylaws, and Cotorado law, including reasonable attorney's fees actually incurred; 5.04.2.3 additionally, or in the alternative, the Association may forecIose on its lien against the Unit. Enforcement under this Section is not dependent upon or related to other restrictions and/or other actions. -8- 11 In 1111 &111111111 -1 111 Ill 531664 Page: 14 of 40 11/30/2006 03:22 JANICE K VCS CAUDILL PITK N CCJN-Y C. R ZQ-,00 0 0.00 5.4.3 Ifpart payment ofassessments or other charges is made, the amount received maybe applied first to post-judgment attorney' s fees, costs and expenses, then to costs and attorney's fees not reduced to a judgment, then to interest, then to late charges, then to fines and other charges permitted under this Declaration, then to delinquent assessments and then to current assessments. 5.4.4 Foreclosure or attempted foreclosure by the Association of its lien shall not preclude the Association from thereafter again foreclosing or attempting to foreclose its Men for any subsequent assessments, charges or fees, or monthly or other installments thereof, that are not fully paid when due. If a foreclosure action is filed to foreclose an assessment lien, and the Owner abandons or leaves vacant his or her Unit, the Board may take possession and rent the Unit or apply for the appointment of a receiver for the Unit without prior notice to the Owner. The rights of the Association shall be senior to the rights of any holder of a first lien security interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the extent permitted under the Act. 5.4.5 The Association shaII have the right and powerto bid on orpurchase anyUnit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. Section 5.5 Computation ofBudget and Assessment. Prior to the beginning ofeach fiscal year, the Board shall prepare a budget covering the estimated costs ofoperating the Condominium during the coming year, including an annual reserve contribution for replacement of improvements that are the Association's responsibility. Based on the budget, the Board shall establish the annual assessment or installments for the coming year. The budget shall not operate as a limitation on expenditures by the Board, but, rather, the budget is an estimate o fCommon Expenses on which the Board may base the annual assessments. Notice of the annual assessment and installments thereof shall be provided in writing to Owners at least 15 days prior to the due date. Section 5.6 Special Assessments. In addition to the annual assessmentprovided for above, the Board may, at any time, and in addition to any other rights it may have, propose a special assessment against all Owners, payable over such period as the Association may detennine. Notice in writing of the amount of such special assessment and the time for payment shall be given to the Owners and no payment shall be due less than 30 days after such notice is mailed to the Owner. Specific special assessmentsmay be levied in accordance with the termsofSection 5.7, immediately below. Section 5,7 Specific Special Assessments. Notwithstanding the above, the Board of Directors shall have the power to levy specific special assessments against Units pursuant to this Declaration and this Section as, in its discretion, it shall deem appropriate. Failure ofthe Board of Directors to do so shall not be grounds for any action against the Association or the Board of -9- I ll Ill'l l'll--1 Illil ll -11111111Ill I 11/30/2006 03:22 531664 Page: 15 of 40 JANICE K VOS CAUDILL PITE. COLATY CO R 20100 D 0.00 Directors and shall not constitute a waiver of the Board's right to exercise its authority under this Section in the future. 5.7.1 Any Common Expenses benefitting less than all ofthe Units or significantly disproportionately benefitting all Units may be specifically specially assessed equitably among all of the Units that are benefitted according to the benefit received. Expenses incurred for the regular maintenance, repair or replacement of the Common Elements shall not be specifically specially assessed. 5.7.2 Any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the Occupanks), licensees or invitees ofany such Unit or Units may be specifically specially assessed against such Unit or Units. Section 5.8 Statement of Account. The Association shall furnish to an Owner or the Owner' s designee or to a holder of a security interest or its designee a statement setting forth the amount of unpaid Assessments then levied against the Condominium Unit in which the Owner, designee or holder of a security interest has an interest. The Association shall deliver the statement personally or by certified mail, first class postage prepaid, return receipt requested to the inquiring party within 14 calendar days after the registered agent of the Association receives the request by personal delivery or by certified mail, first class postage prepaid, return receipt requested. The information contained in such statement, when signed by the Treasurer of the Association, or Manager, ifany, shall be binding upon the Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith. The Board may establish a reasonable fee relating to such statement. Section 5.9 Surplus Funds and Common Profits. Common profits from whatever source sha]1 be applied to the payment of Common Expenses. Any surplus funds remaining after the application ofsuch common profits to the payment ofCommon Expenses shall, at the option ofthe Board ofDirectors, be: (1) distributed tothe Owners; (2) credited to the next assessment chargeable to the Owners in proportion to the liability for Common Expenses attributable to each IJnit; or (3) added to the Association's capital reserve account. Section 5.10 Borrowing. The Association shall have the power to borrow money and assign future income, including the right to assign its right to receive Common Expense assessments, but only upon the affirmative vote ofa majority of the Association vote that is present and exercised, in person or by proxy, at a duly constituted meeting called for that purpose, or by ballot in lieu of a meeting as provided for in the Bylaws. ARTICLE 6 MAINTENANCE RESPONSIBILITY Section 6.1 Maintenance By the Owner. Each Owner shall have the obligation to maintain and keep in good repair all portions of his or her Unit and all improvements made by the Owner to the Limited Common Iilements assigned to the Unit exceptany portion ofa Unit which is expressly - 10 - 11.lill lililill..111]1 lilli .1. ilic'-111 11/30/2006 03:22) ~~ 531664 Page: 16 of 40 JANICE K VOS C UJIll PIT IN CLJNTY L- R 201.00 0 0.00 made the maintenance obligation of the Association as set forth in Section 6.2 below. This maintenance responsibility shall include, but not be limited to the following: 6.1,1 the materials making upthe finished surfacesofthe walls, floors and ceilings, including, but not limited toplaster, dry-wall, paneling, wall paper, paint, wall and floortile. carpet and flooTing (but not including the sub-flooring). 6.1.2 all glass surfaces (including exterior cleaning); 6.1.3 windows, window frames (except for periodic painting, staining and/or cleaning o fthe exterior window frames). casings and locks (including caulking ofwindows) and screens; 6.1.4 all doors, doorways. door frames, and hardware that are part of the entry system of the Unit (except for periodic painting, staining and/or cleaning of the exterior surface of entry doors and door frames); 6.1.5 allpipes, lines, ducts, conduits, orother apparatus which serve only the Unit, whether located within or outside the boundaries of the Unit (including all electricity, water, or sewer pipes, lines, ducts, conduits, or other apparatus serving only the Unit); 6.1.6 any fireplace (except for the chimney and flue) that serves only the Unit; 61.7 All communications, television, telephone, cable and electrical lines, receptacles and boxes serving only the Unit, whether located within or outside the boundaries of the Unit; 6,1.8 In addition, each Unit Owner shall have the responsibility: 6.01.8.1 To keep in a neal, clean and sanitary condition any Limited Common Elements serving his of her Unit, including keeping the balcony or patio appurtenant to the Unit free and clear of snow, ice, and any accumulation of water or other debris. 6.01.8,2 To perform his or her responsibility in such manner so as not to unreasonably disturb other persons in other Units. 6.01.8.3 To promptly report to the Association or its agent any defect or need for repairs, for which the Association is responsible. If due to the act or neglect o f an Owner, loss or damage is caused to any person or properly, including the Common Elements, the Limited Common Elements andthe Units, suchOwner shall be liable and responsible for same, except to the extent such damage or loss is covered by the Association's insurance and the carrier waives subrogation rights against such Owner. -11- 11-1111111111111 lilli lilli-lilli 531664 Page: 17 of 40 11/30/2006 03.22 JANICE K VOS CAUDI- PITKIN COM"r CO R 20..00 D 0.00 The amount of the loss or damage may be collected as a specific special assessment as provided in Section 5.7 of this Declaration. Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Common Elements by an Owner or Occupant which is the responsibility of the Association hereunder shall be performed at the sole expense o f such Owner or Occupant, and the Owner or Occupant shall not be entitled to reimbursement from the Association even if the Association accepts the maintenance or repair. Section 6.2 Maintenance By the Association. The Association shall maintain and keep in good repair as a Common Expense all Common Elements, including any Limited Common Elements, but excluding any improvements made to such Limited Common Elements. The Association shall have the right, but not the obligation, to assess Owners formaintenance to Limited Common Elements serving their Units. The Association maintenance responsibility shall also include the following: painting, cleaning orstaining window frames, door frames and exteriordoors; and maintaining chimneys and chimney flues. The foregoing maintenance shall be performed consistent with applicable Community-Wide Standards. If, during the course of performing its maintenance responsibilities hereunder, the Association discovers that maintenance, repair or replacement is required of an item which is the Owner's responsibility, and such maintenance, repair or replacement must be performed for the Association to properly complete its maintenance project, then the Associationmay perform such work onbehalf of the Owner and at the Owner's sole expense, without prior notice to the Owner, such being deemed an emergency situation hereunder. Ifthe Board determines that the need for maintenance or repair of the Common Elements is caused through the willful or negligent act of any Owner, or Occupant or their family, guests, lessees, or invitees, then the Association may assess the cost o f any such maintenance, repair, or replacement against the Owner's or Occupant' s Unit, and such cost shall become the personal obligation of the Owner, a lien against the Unit, and shall be collected as provided herein for the collection of assessments. The Association shall repair incidental damage to any Unit resulting from performance of work that is the responsibility of the Association. Such repair and subsequent cleaning shall be performed based on a reasonableness standard. In performing its responsibilities hereunder, the Association shall have the authority to delegate to such persons, firms or corporations of its choice, such duties as are approved by the Board of Directors, The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner of any Unit, or any other person, or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance or equipment which the Association is responsible to maintain hereunder, - 12 - I I 1 Ill lilli f Ill -Ill lilli Illill- Il[ 11/30/2006 03:22 531664 Page 18 of 40 JANICE K VOS CAUDILL P -K N COUN-Y CO 201.00 0 0.00 except for injuries or damages arising within a reasonable time after the Owner of a Unit has put the Association on notice of a specific leak or fiow from any portion ofthe Common Elements and the Association has failed to exercise due care to correct the leak or flow within a reasonable time thereafter. The Association shall not be liable to any Owners or any Owner's Occupant guest or family for any damage or injury caused in whole or in part by the Association's failure to discharge its responsibilities under this Article where such damage orinjury is not a foreseeable, natural result of the Association's failure to discharge its responsibilities. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure ofthe Association to take some action or perform some function required to be taken or performed by the Association under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance. or with any order or directive of any municipat or other governmental authority. Section 6.3 Mold and/or Mildew. Mom and/or mildew can grow in any portion of the Condominium that is exposed to a regular source of moisture. Therefore, the Association and the Unit Owners agree to: (a) promptly investigate to determine the source ofthe problem and the extent of the condition upon the discovery of any water leaks; (b) repair any such leaks in their respective areas of maintenance responsibility in a good and workmanlike condition; (c) ensure that any building material which has absorbed water or moisture as a result of a water leak and has not been completely dried as part of the repair ofthe water or moisture damage is removed and replaced; and (d) clean any area where mold and/or mildew appears with industry-accepted product designed to inhibit the growth of mold and/or mildew. Section 6.4 Inspection, Maintenance. Repair and Replacement of Hierh-Risk Components. The Board may, from time to time, determine that certain portions of the Units required to be maintained by the Owners, or certain objects or appliances within the Unit, pose a particular risk of damage to other Units and/or the Common Elements if they are not properly inspected, maintained, repaired or replaced. Those items determined by the Board to pose such a particular risk are referred to herein as "High-Risk Components.' At the same time that it designates a High-Risk Component, or at a later time, the Board may require one or more of the following with regard to the High-Risk Component: (a) that it be inspected at specified intervals by a representative of the Association or by an inspector(s) designated by the Board; (b) that it be replaced or repaired at specified intervals, or with reference to manufacturers' warranties, whether or not the individual component is deteriorated or defective; (c) that it be replaced or repaired with items or components meeting particular standards or specifications established by the Roard; (d) that when it is repaired or replaced, the installation include additional components or installments specified by the Board; (e) that it be replaced or repaired by contractors having particular licenses, training or professional certification or by contractors approved by the Board; and (f) if the replacement or repair is completed by an Owner, that it be inspected by a person designated by the Board. The imposition of requirements by the Board in this provision shall not relieve an Owner of -13- 11--1111111111--1-111111-1111111111- 11/30/2006 03:22 531664 Page: 19 of 40 JAA.CE K VOS CAU-ILL P TKI COLATY CO R 202.00 0 0.00 his orher obligations regarding High-Risk Components, including, but not limited to, the obligation to perform and pay for all maintenance, repairs and replacement thereof If any Owner fails or refuses to maintain, repair or replace a High-Risk Component in accordance with the requirements established by the Board hereunder, the Association may, in addition to all other rights and powers granted to it pursuant to the Governing Documents enter the Unit for the purpose of inspecting. repairing, maintaining, or replacing the High-Risk Component, as the case may be, and charge all costs o f doing so back to the Owner as a specific special assessment, Section 6.5 Failure to Maintain. Ifthe Board of Directors determines that any Owner has failed or refused to discharge properly his or her obligation with regard to the maintenance, repair, or replacement of items of which he or she is responsible hereunder, then, the Association shall give the Owner written notice ofthe Owner's failure or refusal and of the Association's right to provide necessary maintenance, repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repair, or replacement deemed necessary by the Board of Directors. Unless the Board of Directors determines that an emergency exists, the Owner shall have ten days within which to complete maintenance or repair, or if the maintenance or repair is not capable of completion within such time period, to commence replacement or repair within ten days. If the Board determines that: (a) an emergency exists or (b) that an Owner has not complied with the demand given by the Association as herein provided; then the Association may provide any such maintenance, repair, or replacement at the Owner's sole cost and expense, and such costs shall be added to and become a part of the assessment to which such Owner is subject, shall become and be the personal obligation of the Owner and a lien against the Unit, and shall be collected as provided herein for the collection of assessments. Section 6.6 Mechanics Liens. No labor performed and/or materials furnished for use and incorporated into any Unit with the consent of or at the request of the Unit Owner or the Owner's agent, contractor, or subcontractor shall be the basis for filing of a lien against the Unit of any other Unit Owner not expressly consenting to or representing the same, or against any interest in the Common Elements. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanic's lien against the Unit of any other Owner or against the Common Elements, or any portion thereo f, for labor performed and/or materials furnished in work on the first Owner's Unit. Tile Association may pay any sums necessary to eliminate any lien filed against Units or the Common Elements not benefitting from the labor and/or materials and all sums paid including all costs and reasonable attorneys' fees shall be a specific assessment against the Owner or Owners for whom the labor and/or materials were furnished. Section 6.7 Maintenance Standards and Interpretation. The maintenance standards and the enforcement thereof and the interpretation of maintenance obligations under this Declaration may vary from one term of the Board to another term of the Board. These variances shall not constitute a waiver by the Board of the right to adopt and enforce maintenance standards under this Article. No decision or interpretation by the Board shall constitute a binding precedent with respect 14 - 1 -Ii'111 ul mill 1111111111 11 /30/2006 03: 25 531664 Page: 20 of 40 JARICE K 405 C UDILL PITKI COLNTY CO R 201.00 D 0.00 to subsequent decisions or interpretations ofthe Board. ARTICLE 7 ARCHITECTURAL CONTROLS Section 7.1 Authority ofBoard. The Board shall have the authority to select and employ professional consultants to assist it in discharging the duties established in this Article 7, the cost of such consultants to be paid by the Owner of any Unil for which plans and specifications have been submitted for approval. The Owner of any such Unit shall be responsible for paying the full cosl of each review, whether or not submitted plans and specifications are approved by the Board, and the Board may require payment of all such costs prior to approval of plans and specifications. The Board also may charge reasonable fees to cover the cost of review or inspections performed hereunder, and any such fees shall be published in the design standards. Section 7.2 Architectural Standards. Except as otherwise provided herein or as allowed by superceding Colorado law, no Owner, Occupant. or any other personmay, without first obtaining written approval of the Board: 7.2.1 make any encroachment onto the Common Elements; 7.2.2 make any exterior change, alteration, or construction to a Unit or Common Element; or 7,2.3 store any personal property erect, place orpost any object, sign, clothesline, speaker, light, storm door or window, fountain, flag, personalized or customized exterior door mat, or any other thing on the exterior of the building, in any window (other than window treatments approved by the Board), or in or on any Limited Common Element. Section 7.3 Alteration of Units and/or Common Elements. There shall be no relocation ofboundaries between Units or subdivision ofUnits. However, Units may be combined as set forth in Section 3,3, above, and any Unit which has been combined with another Unit may be re- established as a separate Unit pursuant to Section 3.3. Subject to the other provisions ofthe Act and this Declaration, alterations to the interiors ofUnits are subject to the following restrictions: 7.3.1 Except as provided herein and in theCommunity-Wide Standards, no Owner or Occupant may make any alteration within a Unit which involves Common Elementpipes, lines, conduits and/or other apparatus for access to common utilities without prior written Board approval. 7.3.2 Except as provided herein, no Owner or Occupant shall make any interior modifications to or place an excessive load on any structural or load bearing portions of a Unit without first obtaining written Board approval. Such approval shall not be granted unless the Owner has presented to the Board a report or drawing prepared by a licensed structural engineer showing that compensating measures will be taken to ensure the -15- I. MiN Illmilmil HIE #MIN 11/30/2006 03Â·22 531664 Page: 21 of 40 JAECE K VOS CAUDILL PITKI COUNTY CO R Ze.. 08 D 0.00 structural integrity of the Unit and the Condominium. All building code requirements must be complied with and necessary permits and approvals secured for any modifications. 7.3.3 Except as provided herein, no Owner shall make any change to the Limited Common Elements appurlenant to his or her Unit or in the use of said Limited Common Elements without first receiving the prior written approval of the Board. 7,3.4 Notwithstanding Sections 7.3.1,7.3.2 and 7.3.3, above, all Owners desiring to make any interior modification or alteration to a Unit which may affect the Common Elements or structure or load-bearing portions of a Unit must make application to the Board as described below in order for the Board to make the determination ofwhether its approval is required. Section 7.4 Required Action by the Board. Applications for approval of any architectural modification falling within the descriptions provided in Sections 7.3.1,7.3.2,7.3.3 or 7.3.4, above, shall be in writing and shall provide such information as the Board may reasonably require. The Board shall be the sole arbiter of such application and may withhold approval for any reason, including purely aesthetic considerations; provided no decision of the Board shall be arbitrary or capricious. The Association, acting through the Board, shall be entitled to stop any construction that does not conform to the approved plans. The standard for approval of such improvements shall include, but not be limited to: ( 1) aesthetic consideration, (2) materials to be used, (3) compliance with Community-Wide Standards, this Declaration, or the design standards which may be adopted by the Board, if any. (4) harmony with the external design of the existing building, Units and structures, and the location in relation to surrounding structures and topography, and (5) any other matter deemed to be relevant or appropriate by the Board. If the Board fails to approve or to disapprove such application within 45 days after the application and all information as the Board may reasonably require have been submitted, then the Owner submitting the application may issue written notice, via certified mail, to the Association President, informing the President of the Owner's intent to proceed with the modification as identified in the application. Unless the Association issues a written disapproval of the application within ten (10) days of receipt of the Owner's notice, the approval will not be required and this Section will be deemed complied with as to the items specifically identified in the application; provided, however, even if the requirements of this Section are satisfied, nothing herein shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation ofthe Declaration, the Bylaws, or the rules and regulations ofthe Association or of any applicable zoning or other laws. Section 7.5 Encroachments onto CommonElementa. The Boardmay pennitUnit Owners to make encroachments onto the Common Elements as it deems acceptable. Such permission or approval, if granted, shall be provided in writing to the Owner and recorded in the real property records of the County. If any Owner or Occupant makes any other exterior change, alteration, or construction upon the Common Elements or Limited Common Elements without permission or -16- Ill-11-111-1111111111111-1111111-111.1111 11/30/2006 03:22 531664 Pâ€¢gâ€¢: 22 ef 40 JAN.CE K VOS CAUDILL PITEN COUNTY CO R 20..00 0 0.De approval as described in this Article, he or she does so at his or her sole risk and expense. The Board may require that such unapproved change. alteration or construction be removed or that it remain on the Common Elements or Limited Common Elements without reimbursement to the Owner or Occupant for any expense he or she may have incurred in making the change, alteration or construction. Section 7,6 Condition of Approval. As a condition of approval for a requested architectural change, modification, addition, or alteration, an Owner, on bet]al f ofhirnselfor herself and his or her successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement and insurance of such change, modification, addition, or alteration, unless otherwise agreed to in writing by the Board. It is the responsibility of every Unit Owner to determine for himself or herself what architectural modifications have been made to his or her Unit by any predecessor-in-interest. In the discretion of the Board, an Owner may be made to verify such condition o f approval by written instrument in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest. Section 7.7 Limitation of Liability. Review and approval of any application pursuant to this Article may be made on any basis, including solely the basis ofaesthetic considerations, and the Board of Directors shall not bear any responsibility for ensuring the design, quality, structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes, zoning regulations, and other governmental requirements. Neither the Association, the Board of Directors, nor member of any of the foregoing shall be held liable for any injury, damages or loss arising out of the manner, design, or quality of approved construction on or modifications to any Unit, nor may any action be brought against the Association, the Board of Directors, or any member thereof, for any such injury, damage or loss. Section 7.8 No WaiverofFuture Approvals. Each Owner acknowledges that the members of the Board of Directors will change from time to time and that interpretation, application and enforcement ofthe architectural standards may vary accordingly. Each Owner furtheracknowledges that the Board of Directors may adopt different architectural standards for different parts of the Condominium, based on such considerations as the Board may reasonably determine. The approval of the Board of Directors of any proposals, plans and specifications or drawings for any work done orproposed, or in connection with any other matter requiring the approval and consent of the Board of Directors, shall not constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent. Section 7.9 Commencement of Construction. All changes, modifications and improvements approved by the Board hereunder must be commenced within six months from the date of approval. Ifnot commenced within such time, then such approval shall be deemed revoked, unless the Board gives a written extension for commencing the work. All work approved by the Board hereunder shall be completed in its entirety within 90 days from the date of commencement, unless otherwise agreed in writing by the Board. All approved changes, modifications, and improvements must be completed in their entirety. An Owner may not constnict only a portion or -17- m 11111111111- 1111111- 1 l illi 531664 Page: 23 of 40 11/30/2006 03:22 JANI E K VOS CAU-ILL PITKI COIN-Y CO R 20..00 D 0.00 part of an approved change, modification, or improvement. ARTICLE 8 USE RESTRICTIONS Each Owner of a Unit shall be responsible for ensuring that the Owner's family, guests, tenants and Occupants comply with all provisions of the Governing Documents and the rules and regulations of the Association. Furthermore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Association was established. In addition to any rights the Association may have against the Owner's family, guests, tenants or Occupants, as a result of such person's violation ofthe Governing Documents, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants. In addition to the following use restrictions, the Board of Directors may adopt Community-Wide Standards and other rules and regulations in accordance with the terms hereof and as specified in the Bylaws. Section 8.1 Use of Units. Each Unit shall be used solely for residential purposes only. Section 8.2 Leasing. The term "lease" as used herein shall include any agreement for the leasing or rental of a Condominium Unit and shall specifically include, without limitation, a month-to-month rental. The Owner of a Condominium Unit shall have the right to lease his Condominium Unit under the following conditions: 8.2.1 All leases shall be in writing and a copy of the lease delivered to the Board or the Association's managing agent prior to the effective date of the lease. 8.2.2 Allleases shall provide that the terms of the lease and lessee's occupancy of the Condominium Unit shall be subject in all respects to the provisions ofthis Declaration, the Association's Articles ofIncorporation, Bylaws and rules and regulations, and that any failure by the lessee to comply with any ofthe aforesaid documents, in any respect, shall be default under the lease. If the Association requests that the Owner evict the Owner's tenant based on the terms ofthis Declaration, and the Owner fails to commence such action within 30 days of the date ofthe Association's request and notice, the Association may commence eviction proceedings. Upon failure by the Owner to comply with the Association's request to evict, the Owner delegates and assigns to the Association, acting through the Board, the power and authority to evict the lessee as attorney-in-fact on behalf of and for the benefit of the Owner. If the Association evicts the lessee, any costs, including, but not limited to, reasonable attorney fees actually incurred and court costs associated with the eviction shall be an Assessment and lien against the Unit. 8.2.3 The Association shall have the authority to adopt rules and regulations regarding leasing. -18- 11-111111--11--111111-1-11111111111 11/30/2005 03:22I 531664 page: 24 of 40 JACCE K VOE J ZILL PITKI C:JA-TY C- R 201.00 D 0 00 Section 8.3 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on or removed from any pan of the Common Elements without the prior written consent ofthe Board, except as specifically providedherein. The Association shall not be liable to the Owner ofany Unit or such Owner's Occupant, guest, or family, for loss or damage. by theft or otherwise, of any property which may be stored in or upon any of the Common Elements. Section 8.4 Use ofLimited Common Elements. Except as otherwise provided herein, the use of the Limited Common Elements assigned to the Units is restricted exclusively to the Owners of the Unit or Units to which such Limited Common Elements are assigned. and said Owners' Occupants, guests, family members and invitees. The Limited Common Elements are reserved for exclusive use, but shall not be construed or interpreted to be owned separate and apart from the Common Elements in general, and the restrictions applicable to the Common Elements shall also apply to the Limited Common Elements. Use ofthe Limited Common Elements shall at all times be governed by this Declaration, the Community-Wide Standards and other rules and regulations promulgated from time to time by the Board and/or Association as a whole. Section 8.5 Prohibition of Damaee. Nuisance and Noise. Withoutthe prior written consent of the Board of Directors, nothing shall be done or kept on the Condominium, or any part thereof, that would increase the rate of insurance on the Condominium or any Unit or part thereof, which would be in violation of any statute, rule, ordinance. regulation, permit or other validly imposed requirements of any governmental body, or which would increase the Common Expenses. The Units in the Condominium are built in close proximity to one another, resulting in the sharing of common walls, floors and ceilings. As a result, noise and vibration may be detectable between Units or between Units and the Common Elements. Therefore, an Owner or Occupant shall not conduct activities within a Unit or use a Unit in a manner that interferes with or causes disruption to the use and quiet enjoyment of another Unit by its respective Owner and Occupant, Furthermore, no noxious, destructive, offensive or unsanitary activity or other activity which constitutes a nuisance shall be carried on the Condominium, including within any Unit. No Owner or Occupant may use or allow the use ofthe Unit or any portion of the Condominium at any time, in any way, which may endanger the health or properly of other Occupants, unreasonably annoy, disturb or cause embarrassment or discomfort to other Owners or Occupants, or, in the Board's discretion, constitute a nuisance. The intention of this provision is to grant the Association and aggrieved Owners and Occupants a right of redress for actions, activities or conduct which unreasonably disturbs or impairs the peaceful and safe enjoyment of the Condominium. Section 8.6 Signs. Except as may be provided for herein or as may be required or permitted by state law or legal proceedings, no signs, advertising posters, political placards or billboards ofany kind shall be erected, placed. or permitted to remain on the Condominiurn without the prior written consent of the Board or its designee. The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association. -19- 11 1 1 ill'll lil lilli -11 - 1Imillill I 531664 PageÂ· 25 of 40 11/30/2006 03:22 JAN. SE K 905 CAUDILL PITKIN CCJCÂ¥ CO R 201.00 D 0 00 Section 8.7 Rubbish. Trash, and Garbage. All rubbish, trash, and garbage shall be regularly removed from the Unit and shall not be allowed to accumulate therein. No garbage or trash shall be placed on the Common Elements or Limited Common Elements outside the Unit, temporarily or otherwise, except in the designated trash receptacles. Rubbish, trash, and garbage shall be disposed of in appropriate sealed bags. No Owner or Occupant shall sweep or throw or permit to be swept or thrown from a Unit or the doors or windows or balconies any dirt, garbage or other substances. Section 8.8 Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertakenon any partofthe CommonElements. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit. Section 8.9 Antennas and Satellite Dishes. Except as provided below, no satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form ofelectromagnetic wave or radiation shall be erected, used or maintained on any portion of the Condominium, including the Unit or Limited Common Elements; provided, however, that the Association shall have the right to erect, construct and maintain such devices. The following shall apply to all Unit Owners: 8.9.1 No transmission antenna, of any kind, may be erected anywhere on the Condominium, including the Units, without written approval of the Board of Directors. 8.9.2 No direct broadcast satellite (DBS) antenna or multi-channel multi-point distribution service (MMDS) antenna larger than one meter in diameter shall be placed, allowed or maintained upon the Condominium, including the Units and the Limited Common Elements. 8.9.3 DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed within a Unit or on the Limited Common Elements appurtenant to the Unit in accordance with Federal Communication Commission (FCC) rules and the rules and regulations ofthe Association, both as may be amended from time to time. 8.9.4 The Association encourages that DBS and MMDS satellite dishes orantennas one meler or less in diameter and television broadcast service antennas be installed on the roofofthe building in which the Unit is located, subject to prior approval ofthe Board and in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association, both as may be amended from time to time, If a Unit is transferred which includes a satellite dish or antenna, the grantee shall assume all responsibility for the satellite dish or antenna and shall comply with this Declaration, the Bylaws and the rules and regulations regarding satellite dishes and antennas, including, but -20- 531664 i inil um Ilii~ mi Im = â€¢mimm! miii Page: 26 of 40 11/30/2006 03:22 JANICE K VOS CAUDILL PITKIN COUNTY CD R 201.00 0 0.00 not limited to, those requirements relating to maintenance and removal of satellite dish or antenna. Section 8.10 Grilling. Exceptasotherwise approvedby the Board, no electric, gas, charcoal or wood burning grills are permitted to be used or stored on the Common Elements, including the Limited Common Elements. Section 8.11 Stored Personal Propertv. Withoutprior written permission ofthe Board, no personal property shall be stored, kept, or allowed to remain for more than 24 hours upon any portion ofthe Common Elements, other than on a Limited Common Element whichhas specifically approved for such use by the Board,. If the Board determines that a violation exists, then, not less than two days after written notice is placed on the personal property and/or on the front door of the propertyÂ· owner's Unit, if known, the Board may remove and either discard or store the personal property in a location which the Board or the agent of the Association may determine and shall have no obligation to return, replace or reimburse the owner of the property. The notice shall include the name and telephone number of the person or entity which will remove the property and the name and telephone number of a person to contact regarding the alleged violation. The Board, in its di scretion, may determine that an emergency situation exists and may exercise its removal rights hereunder without prior notice to the property owner; provided, however, in such case, the Board shall give the property owner, if known, notice of the removal of the property and the location of the property within three days after the property is removed. Neither the Association nor any Director, officer or agent thereof shall be liable to any person for any claim of damage resulting from the removal activity in accordance herewith. The Board may elect to impose fines or use other available remedies, rather than exercise its authority to remove property hereunder. The Association shall not be liable to the Owner of any Unit or such Owner's Occupant, guest, or family, for loss or damage, by theft or otherwise, o f any property which may be stored in or upon any of the Common Elements. Section 8.12 Rules and Regulations. The Board ofDirectors may adopt, amend and repeal rules and regulations concerning and governing the Condominium in furtherance of the provisions of this Declaration and the general plan of development. The Board of Directors may also establish and enforce penalties for infractions of the rules, including, but not limited to fines and suspension of rights to use the recreational facilities. ARTICLE 9 INSURANCE Section 9.1 Association's Insurance. The Association shall obtain and maintain at all times, as a Common Expense, insurance as required herein. The Association's policy shall rebuild the Unit to the quality of the construction as originally built or as modified by subsequent modification as permitted in this Declaration. The Association's insurance policy may exclude improvements and betterments made by Owners subsequent to the original construction and may - 21 - HI lim 1111111 Ill lilli In'11#11 11/30/2006 03:22 531664 Page: 27 of 40 JANICE .: VOS CAUDI-L PITK N COUN-Y CO R 20.. 00 D 0.00 exclude the finished surfaces of perimeter and partition walls, floors, and ceilings within the Units (i.e., paint. wallpaper, paneling, other wall covering, tile, carpet and any floor covering), if, in the sole and absolute discretion ofthe Board the cost of such insurance is excessive. If the Board elects to exclude such coverage from the Association's insurance policy, it shall immediately provide notice thereof to the Owners, who will be responsible for providing such insurance for the Units owned by each such Owner. All insurance purchased by the Association pursuant to this Article shall run to the benefit of the Association, the Board of Directors, officers, al[ agents and employees of the Association, the Unit Owners, and all other persons entitled to occupy any Unit as their interests may appear. The Association's insurance policy may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance equals at least the replacement cost of the insured property. The Board of Directors shall make available for review by Owners a copy of the Association's insurance policy to allow Owners to assess their personal insurance needs. Each Owner shall have the right to obtain additional coverage at his or her own expense. All insurance coverage for the Association shall be written in the name ofthe Association as trustee for itself, each of the Owners, and the Mortgagees of Owners, if any. It shall be the duty of the Board of Directors at least every two (2) years to conduct an insurance review to determine if the policy in force is adequate to meet the needs of the Association. Such responsibility may be performed, and shall be deemed reasonably performed, by the Board requesting the Association's insurance agent to veri fy that insurance policies in existence meet the needs of the Association and satisfy the requirements o f this Declaration. Section 9.2 Blanket Insurance. The Board of Directors shall utilize reasonable efforts to secure a blanket hazard insurance policy providing "all risk" coverage in an amount equal to full replacement cost, before application of deductibles, of all improvements located on the Condominium. If "all risk" coverage is not reasonably available at reasonable cost, the Board shall obtain, at a minimum, broad form covered causes of loss, in like amounts. The Board shall use reasonable efforts to obtain policies that will provide the following: 9.2.1 each Unit Owner is an insured person underthe policy with respecttoliability arising out of such Unit Owner's interest in the Common Elements or membership in the Association; 9 2 2 the insurer waives its rights of subrogation of any claims against directors, officers, the managing agent, the individual Owners and their respective household members; 9,2.3 no act or omission by any Unit Owner not under the control of the Association will void the policy or be a condition to recovery under the policy; - 22 - 11-- 11111111111--11 Ill Ill 111'1=1111111111 -1 11/30/2006 03:22 531664 PageÂ· 28 of 40 JAN.CE K VOS C UDILL PITK.N COUNTY CO R 201.00 0 0.00 9.2.4 ordinance or law coverage, demolition cost coverage and increased cost of construction coverage; 9.2.5 any "other insurance" clause contained in the master policy shall expressly exclude individual Unit Owners' policies from its operation; 9.2.6 the master policy may not be canceled, substantially modified, or subjected to non-renewal without at least 30 days prior notice in writing to the Board of Directors, except in case of nonpayment of premiums, in which case 10-day prior notice in writing shall be required; 9.2.7 the casualty insurance may not contain a "co-insurance" provision, 9.2.8 all insurance policies of the Association shall be primary if there is other insurance in the name ofthe Owner; 9.2.9 an agreed value endorsement and an inflation guard endorsement; and 9.2.10 steam boiler and machinery coverage endorsement with a minimum liability per accident equal to the insurable value ofthe building housing the boiler or machinery. In the alternative, the Association may purchase separate stand-alone boiler and machinery coverage. Section 9.3 Required Insurance Companies. All policies of insurance shall be written with a company licensed to do business in the State of Colorado. The company shall provide insurance certificates to each Owner and each Mortgagee upon request. 9.3.1 Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors. 9.3.2 In no event shall the insurance coverage obtained and maintained by the Association hereunderbe brought into contribution with insurance purchased by individual Unit Owners or their Mortgagees. Each Unit Owner shall notify the Board of Directors of all structural improvements made by the Unit Owner to his or her Unit. 9.3.3 In addition to the insurance required above, the Board shall obtain as a Common Expense: 9.03.3.1 workers' compensation insurance if and to the extent necessary to meet the requirements of law; 9.03.3.2 public liability insurance in amounts no less than $1,000,000.00, and officers' and directors' liability insurance in such amounts as the Board may determine. The public liability insurance shall - 23 - l illi 111~ 1111..1.-111 1 il 111-11'111'HI Ir ll 531664 Page; 29 of 40 11/30/2006 03:22 JANICE K VOS CAUDILL PITKIN COUNTY CO R 201.00 D 0.00 contain a cross liability endorsement; 9.03.3.3 fidelity bonds, if reasonably available, covering officers, directors, employees, and other persons who handle or are responsible for handling Association funds in an amount consistent with the best business judgment of the Board of Directors; and 9.03.3.4 such other insurance as the Board ofDirectors may determine to be necessary or desirable. 9.3.4 Insurance carried by the Association as a Common Expense shall not be required to include: (I) any part of a Unit that is not depicted on the Map; or (ii) any part of a Unit that was not included as part of the collateral for the initial loan made for the initial purchase of the Unit, nor shall the Association include public liability insurance for individual Owners for liability arising within the Unit. 9.3.5 Nothing contained herein gives any Owner or other party a priority over any rights offirst Mortgagees as to distribution of insurance proceeds. Any insurance proceeds payable to the Owner of a Unit on which there is a Mortgagee endorsement shall be disbursed jointly to such Unit Owner and the Mortgagee. This is a covenant for the benefit of any such Mortgagee and may be enforced by any such Mortgagee. 9.3.6 Insurance Deductibles. In the eventofan insuredloss, any required deductible shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such loss in the absence of insurance unless the loss is caused by the negligent or willful act or omission of the Association or another Owner, or the Owner's family members, co-habitants, guests or other invitees, in which case the negligent party or party who committed a willful act or omission shall be responsible for the deductible. If the loss affects more than one Unit or a Unit and the Common Elements, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in proportion to the total cost of repair, subjectto the above standard regarding negligence and willful conduct. Notwithstanding this, if the insurance policy provides that the deductible will apply to each Unit separately or to each occurrence, each Unit Owner shall be responsible for paying the deductible pertaining to his or her Unit, if any, subject to the above standard regarding negligence and willful conduct. Ifany Owner orOwners fail to pay the deductible when required under this Section, then the Association may paythe deductible and assess the cost to the Owner or Owners pursuant to Article 5 of this Declaration. 9.3.7 Payment ofClaims to Delinquent Owners. Notwithstanding anything to the contrary herein, in the event of an insured loss under the Association's master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of assessments owed to the Association under Article 5 hereof, then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after application of the proceeds to any - 24 - Ill-11111111#1111# 111111111 lilli ~1111111111 11/30/2006 03:22 531664 Page: 30 of 40 JANICE K VOS CAUDILL PITKIN COUNTY CO R 201.00 D 0.00 delinquency shall be paid by the Association to the affected Unit Owner. Section 9.4 Owners' Insurance. Every Unit Owner shall be obligated to obtain and maintain at all times insurance covering those portions of his or her Unit to the extent not insured by policies maintained by the Association; including, but not limited to paint, wallpaper, paneling, other wall covering, window covering, tile, carpet and floor covering if the Board elects not to acquire of such elements, as provided in Section 9.1, above. Each Unit Owner is also responsible for obtaining insurance covering his or herpersonal property and coverage for liability arising within the Unit, The Association shall have no liability for the failure of any Unit Owner to maintain required insurance. Upon request by the Board, the Unit Owner shall furnish a copy of such insurance policy or policies to the Association. ARTICLE 10 REPAIR AND RECONSTRUCTION Section 10.1 Repairand Reconstruction. In the event of damage to or destruction ofal! or any part ofthe Condominium as a resultoffireor other casualty, unless Unit Owners holdingat least two-thirds of the total Association vote, including the Owner or Owners of any damaged Unit or Units, vote not to proceed with the reconstruction and repair ofthe structure, the Board of Directors or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the structure. In the event ofsubstantial damage or destruction, each holder ofa first Mortgage shall be entitled to written notice ofthe damage, and nothing in these documents shall be construedto afford a priority to any 1Jnit Owner with respect to the distribution ofproceeds to any such Unit. 10.1.1 Cost Estimates. Immediately after a fire or other casualty causing damage to the Condominium, the Board of Directors shall obtain reliable and detailed estimates ofthe cost of repairing and restoring the structures (including any damaged Unit) to substantially the condition that existed before such casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary. 10,1.2 Source and AlIocation of Proceeds. If the proceeds of insurance are not su fficient to defray the costs of reconstruction and repair due to failure of the Association to maintain coverage as provided in Article 9 of this Declaration, the additional cost shall be a Common Expense. If, for any other reason, the proceeds of insurance are not sufficient to defray the costs ofreconstruction and repair, as determined by the Board, the additional costs shall be assessed against the Owners of the Unit(s)damaged in proportion to the damage to the Units or against all Owners, in the case of insufficient funds to cover damage to the Common Elements. This assessment shall be considered a special specific assessment as provided in Section 5.7 of this Declaration. If there are surplus funds after repair and reconstruction is completed, such funds shall be common funds ofthe Association to be used as directed by the Board. -25- 531664 limull:limmili!11:11111 Page: 31 of 40 11/30/2006 03:22 JANICE K veS CAUDILL PITKIN COUNTY CO R 201.00 0 0.00 10.1.3 Floor Plans and Specifications. Any such reconstruction or repair shall bc substantially in accordance with the Map and specifications under which the Condominium was originally constructed or as reflected in a subsequent amendment of the Map, except where changes are necessary to comply with current applicable building codes or where improvements not in accordance with the original or revised Map and specifications are approved by the Board of Directors. To the extent insurance proceeds are available, the Association may reconstruct or repair Owner improvements damaged as a result of fire or other casualty. 10.1.4 Encroachments. Encroachments upon or in favor ofUnits thatmay be created as a result of such reconstruction or repair shall not constitute a claim or basis for any proceeding or action by the Unit Owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the architectural plans under which the Condominium was originally constructed or as revised in subsequent Map . Such encroachments shall be allowed to continue in existence for so long as the reconstructed building shall stand. 10.1.5 Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against Unit Owners on account of such casualty shall constitute a construction fund, which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Article to be disbursed by the Association in appropriate progress payments to such contractor(s), supplierfs). and personnel performing the work or supplying materials or services for the repair and reconstruction of the buildings as are designated by the Board of Directors. ARTICLE 11 EASEMENTS Section 11.1 Easements for Use and Enioyment of the Common Elements and Common Arias. Every Unit Owner and Occupant shall have a right and non-exclusive easement of ingress and egress, use and enjoyment in and to the Common Elements and the Common Areas which shall be appurtenant to and shall pass with thc title to his or her Unit, subject to the following provisions: 11.1.1 the rights of the Unit Owners to the exclusive use of the Limited Common Elements assigned to their respective Units; 11.1.2 the right of the Association to have access to the Units and Limited Common Elements assigned to a Unit to discharge its rights and obligations, under the Governing Documents, including without limitation, the maintenance responsibility of the Association. 11.1.3 the right of the Association to borrow money as set forth in Section 5.10 -26- I limmrmi--11111%11'~1MullM.. 11/30/2006 03:22 Il 531664 ~11 Page: 32 of 40 JANI E K YOS C -till PITKI COUATY CO R 201.00 D 0.00 of this Declaration; provided, however, the lien and encumbrance of any such security interest given by the Association shall be subject and subordinate to any rights, interests, options, easements and privileges herein reserved or established for any Unit or Unit Owner. (Any provision in this Declaration or in any such security interest given by the Association to the contrary notwithstanding, the exercise of any rights therein by the holder thereof in the event of a default thereunder shall not cancel or terminate any rights, easements or privileges herein reserved or established for the benefit of any Unit or Unit Owner); 11.1.4 the right of the Association to grant easements, leases and licenses across the Common elements; 11.1,5 the right ofthe Association to dedicate or transfer ali or any portion of the Common Elements subject to approval of Owners holding two-thirds of the total Association vote; 11.1.6 the right of the Association to change the use of portions of tile Common Elements or to close portions of the Common Elements; and 11.1.7 the right of the Association to adopt reasonable rules and regulations regarding use of the C.ornmon Elements. Any Unit Owner may delegate his or her right of use and enjoyment in and to the Common Elements, Common Areas and facilities located thereon to the members ofhis or her family, his or her tenants and guests, and shall be deemed to have made a delegation of all such rights to the Occupants of his or her Unit, if leased. Section 11.2 Support. Every portion of a Unit and all Common Elements contributing to the support of an abutting Unit shall be burdened with a non-exclusive easement of support for the benefit of such abutting Unit. Section 11.3 Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element or the Common Areas, a valid easement for the encroachment exists, The easement does not relieve a Unit Owner ofliability in case of gross negligence or willful misconduct. Section 11.4 Utilities. To the extent that any utility line, chase, pipe, wire, or conduit serving any Unit, Units or the Common Elements lies wholly or partially within the boundaries of another Unit or the Common Elements, such other Unit, Units, or the Common Elements shall be burdened with a non-exclusive easement for the use, maintenance, repair and replacement of such utility line, pipe, wire or conduit, such non-exclusive easement to be in favor of the Unit, Units, or Common Elements served by the sarne and the Association. At the sole expense of the Association, without need for a membership vote, and without the consent of any affected Unit Owner, the Board of Directors, on behalf of the Owner can relocate any portion of the air -27- 11.1~111111~. 11 111111 -11111111111 11/30/2006 03:22 531664 Page: 33 of 40 JANICE K US C UDILL PJTKIN COLKTY Â·-- R 201,00 0 0.00 conditioning, heating, plumbing. ventitating. exhaust or electrical system serving a particular Unit, provided that after such relocation, the system serving the Unit functions at least as well and at no greater cost to the Unit Owner as existed prior to the relocation. Section 11.5 Public in General. The easements and rights created in this Article do not are not intended to, and shall not be construed to create any easements or rights in or for the benefit of the general public; provided, however, nothing set forth herein shall in any way limit or restrict any existing easements or rights already granteel to the public as such easements or rights are previously recorded in the real property records ofthe County. ARTICLE 12 AUTHORITY AND ENFORCEMENT Section 12.1 General. The Condominium shall be used only for those uses and purposes set out in this Declaration. Every Owner and Occupant shall comply with this Declaration, the Bylaws and rules and regulations of the Association, and any lack of compliance therewith shall entitle the Association and, in an appropriate case, one or more aggrieved Unit Owners, to take action to enforce the terms of the Declaration, Bylaws or rules and regulations. In addition to any rights the Association may have against an Owner's family, guests, tenants or Occupants, as a result of suchperson's violation ofthe Governing Documents, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants. The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the Owner's Unit. Ifany Occupant of a Unit violates the Declaration, Bylaws or rules and regulations, a fine may be imposed against the Owner and/or Occupant after notice to the alleged violator and an opportunity to be heard in accordance with the Association's covenant and rule enforcement procedure. In any enforcement action taken by the Association under this Article, to the maximum extent permissible under the Act. all costs incuned by the Association in abating a violation or otherwise taking action to enforce the Declaration, Bylaws or Association rules, including reasonable attorney's fees actually incurred, may be assessed against the violating Owner and/or Occupant as a Specific Special Assessment pursuant to Section 5.7 above. Section 12.2 Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Board may elect to enforce any provision of the Declaration, the Bylaws, or the rules and regulations by self-help and/or by suit at law or in equity to enjoin any violation or to recover monetary damages or both, without the necessity for compliance with any hearing procedure. The Association or its duly authorized agent shall have the power to enter upon any portion of the Common Elements, including the Limited Common Elements, to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, -28- 531664 111111111~11111111111111: ,11111111 page: 34 of 40 11/30/2006 03:22 JANICE K VOS OAUDIL~PITKIN CC_NTY CO R 201.00 0 0.00 the Bylaws or the rules and regulations. Such removal, abatement and restoration shall be accomplished at the violator's sole cost and expense. Ifthe Association exercises its right subject to this Section, all costs and fees actually incurred by the Association in connection with the violation, including, without limitation, reasonable attorney' s fees and costs, shall be assessed against the violating Owner or Occupant as a Specific Special Assessment. The Association shall also have the authority to record in the Pitkin County real property records a notice of violation identifying any uneured violation of the Declaration, Bylaws or rules and regulations regarding the Unit and or the Unit Owner. Section 12.3 Failure to Enforce. The failure ofthe Association or the Board to enforce any provision of the Declaration, Bylaws or rules and regulations shall not be deemed a waiver of the right ofthe Board to do so thereafter. No right of action shall exist against the Association for failure of enforcement where: (I) the Board determines that the Association's position is not strong enough to justify taking enforcement action; (ii) a particular violation is not ofsuch a material nature as to be objectionable to a reasonable person or justify the expense and resources to pursue; or (iii) the Owner or party asserting a failure of enforcement possesses an independent right to bring an enforcement action at law or in equity and has failed to do so. ARTICLE 13 AMENDMENTS. Except where a higher vote is required for action under any other provision of this Declaration or by the Act, in which case such higher vote shall be necessary to amend such provision, this Declaration and/or the Mar may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent ofthe Unit Owners holding at least two-thirds of the total Association Wite. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. No amendment shall be effective until certi fied by the President and Secretary of the Association and recorded in the Pilkin County, Colorado real property records. ARTICLE 14 GENERAL PROVISIONS Section 14 1 SECURITY. THE ASSOCIATION MAY, BUT SHALL NOT BE REQUIRED TO, FROMTIMETO TIME, PROVIDE MEASURES OR TAKE AC'rIONS WHICH DIRECTLY OR INDIRECTLY IMPROVE SECURITY ON THE CONDOMINIUM; HOWEVER, EACH OWNER, FOR HIMSELF OR HERSELF AND HIS OR HER TENANIS, GUESTS, LICENSEES.AND INVITEES, ACKNOWLEDGES AND AGREES THAT THE ASSOCIATION IS NOT A PROVIDEROF SECURITY AND TIIE ASSOCIATION SHALL NOTHAVE A DUTY TOPROVIDE SECURITY ONTHE CONDOMIN1UM. FURTHERMORE, THE ASSOCIATION DOES NOT GUARANTY THAT NON-UNIT OWNERS AND NON-OCCUPANTS WILLNOT GAIN ACCESS TO THE CONDOMINIUM AND COMMIT CRIMINAL ACTS ON THE - 29 - 531664 1[ mlm'1111-IMIN Ell.1111*m-11111111 11/30/2008 03.22 Page: 35 of 40 JANICE K VOS CAUDILL PITK! COUNTY 0 R 201.00 D e 00 CONDOMINIUM NOR DOES THE ASSOCIATION GUARANTEE THAT CRIMINAL ACTS ON TELE CONDOMINIUM WILL NOT BE COMMITTED BY OTHER UNIT OWNERS OR OCCUPANTS. IT SHALL BE THE RESPONSIBILITY OF EACH OWNER TO PROTECT HIS OR HER PERSON AND PROPERTY AND ALL RESPONSIBILITY TO PROVIDE SUCH SECURITY SHALL LIE SOLELY WITH EACH UNIT OWNER. THE ASSOCIATION SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY ORINEFFECTIVENESS OF MEASURES UNDERTAKEN. Section 14.2 Disoute Resolution. Prior to filing a lawsuit against the Association, the Board, or any officer, director, or property manager o f the Association, a Unit Owner or Occupant must request and attend a hearing with the Board of Directors. Any such request shall be in writing and shall be personally delivered to any member of the Board of Directors or the property manager, if any, of the Association. The Owner or Occupant shall, in such request and at the hearing, make a good faith effort to explain the grievance to the Board and resolve the dispute in an amicable fashion, and shall give the Board a reasonable opportunity to address the Owner's or Occupant's grievance before filing suit. Upon receiving a request for a hearing, the Board shall give notice of the date, time and place ofthe hearing to the person requesting the hearing. The Board shall schedule this hearing for a date not less than ten or more than 21 days from the date of receipt of the request. Section 14.3 Implied Rights. The Association may exercise any right or privilege given to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use restriction or rule, and every other right or privilege reasonably to be implied from the existence of any right or privilege given to it therein or reasonably necessary to effectuate any such right or privilege. Section 14.4 Electronic Records. Notices and Signatures. Notwithstanding any other portion of this Declaration or of the Bylaws, records, signatures and notices shall not be denied validity or effectiveness hereunder solely on the grounds that they are transmitted, stored, made or presented electronically. The relevant provisions ofthe Bylaws shall govern the giving ofall notices required by this Declaration. Section 14.5 Duration. The covenants and restrictions ofthis Declaration shall run with and bind the Condominium property perpetually unless otherwise terminated as provided herein. Section 14.6 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order or otherwise shall in no way affect the application ofsuchprovision to other circumstances or affect any other provision(s), which shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ] - 30 - 1 2.11111 1-11[[-lilli-11 1-11-111111Ill 11/30/2005 03:22 531664 Page: 36 of 40 JANI_E K VGS O. UDILL P.TKI COLNTY CO R 261.00 D 0.00 IN WITNESS WHEREOF, the undersigned officers of Der Berghof hereby certiâ‚¬ that this First Amended and Restated Declaration of Der BerghofCondominium was duly adopted by the Members of the Association. ,4 4% flove M l./ Executed this / / day of *gust; 2006. DER BERGHOF CONDOMINIUMS By: Michael Knapp 1 1 President STATE OF inick#frui } } SS. COUNTY OF kent } U<l_ 'The foregoing instniment was acknowledged before me this /~ / day of November, 2006, by Michael Knapp as President of the Der Berghoff Association. Witness my hand and officia] seal. Notary Pt~lic My commission expires: AMY M. DERRY Notary Public, Kent County, MI My Commission Expires 12 14/2011 Acting in KeÂ·It CO) - 31 - 531664 1111~111111'HN 11111111 IMI' lilli til lmill '111111 11/30/2006 03:22 Page: 37 of 40 Exhibit A JANICE K VOS CAUDILL PITKIN COUNTY CO R 201.00 0 0.00 Legal Description of Real Estate Lots IC L, M and N, Block 69, City and Townsite of Aspen, County of Pitkin, State of Colorado Exhibit B Exceptions and Mineral Reservations as contained in Patent to Aspen Townsite recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. Terms, conditions, obligations and restrittions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national origin, as contained in Condominium Declaration for Der Bergbof recorded May 23, 1974 in Book 287 at Page 539 as Reception No 167661. Terms, conditions, agreements, provisions and obligations as set forth in Grant of Exemption from Subdivision Regulations recorded May 24, 1974 in Book 287 at Page 602. Easements, rights of way, and other matters as shown on the Plat of the Der Berghof Condominium recorded May 24, 1974 in Plat Book 4 at Page 467 as Reception No. 167887 - 32 - 1111111ll-lillill--illl lillill-1- lilill - 531664 Page: 38 of 40 11/30/2006 03:22 JANICE K VOS CA-DILL Pl EK.N COUNTY CO R 201.00 D 0.00 Exhibit C Table of Allocated Interests Fraction of Common Elements and Unit Number Common Expenses Votes in the Association 1 One - Twelfth One 2 One - Twelfth One 3 One - Twelfth One 4 One - Twelfth One 5 One - Twelfth One 6 One - Twelfth One 7 One - Twelfth One 8 One - Twelfth One 9 One - Twelfth One 10 One - Twelfth One 11 One -Twelfth One 12 One - Twelfth One -33- 11~1111111 -lili 111-1111,11-1111111111111 11/30/2006 03:22 5316-. Page: 39 of 40 JAK:CE K VOS C UCILL PILKI JOLKTÂ¥ CO R 201.00 D 0.00 CERTIFICATE OF THE DER BERCHOFF ASSOCIATION RELATED TO AUTHORIZATION TO FILE AMENDED AND RESTATED CONDOM]NIUM DECLARATION I, Michael Knapp, certify that I am the President of the Der Berghoff Association ("the Association"), and do further certify as follows: 1. The Association isthe association ofunitownersofthe Der BerghoffCondomininiums ("the Projecf'), as described in the Condominium Map thereof recorded in the real properly records of Pitkin County, Colorado in Plat Book 4 at Page 467, and as provided in the Condominium Declaration for Der Berghof Condominiums recorded in the real property records ofPitkin County, Coloradoon May 23,1974, in Book 287, Page 539 (hereinafter referred to as the "Original Declaration"). 2. At the annual meeting ofthe Association held on Saturday, September 2,2006, the members ofthe Association elected to have the Association treated as ifit were created after June 30, 1992, and thereby subject the Project to all of the provisions contained in the Colorado Common Interest Ownership Act C.R.S. Â§ 38-33.3-101, et seq. (referred to herein as "CCIOA"). The vote in favor of the adoption of CCIOA exceeded sixty-seven percent (67%) ofthe votes that the persons presentat the meeting in person or by proxy were entitled to cast. 3. Following the Association's election to adopt the CCIOA, the members ofthe Association considered thc adoption ofthe First Amended and Restated Declaration forthe DerBerghoff Condominiums (referred to herein as the"First Amended Declaration") in the form attached hereto. The members of the Association voted to adopt the First Amended Declaration by a vote in excess of sixty-seven percent (67%). 4. All ofthe holders ofrecorded first mortgage or deeds oftrust against any Unit in the Project either consented or, pursuant to C.R.S. Â§ 38-33.3-217(b),are deemed to have consented to the execution and recording ofthe First Amended Declaration,Notice ofProposed Adoption of the First Amended Declaration was published in The Aspen Times on September 15, 2006, and September 22,2006. 5. The version of the First Amended Declaration attached hereto is identical to the version approved by the Members at the meeting held on September 2,2006. Executed and Acknowledged on the ~~day of November, 2006. THE DER BERGHOFF ASSOCIATION Michael Knapp # ,-1 President , 1,*-1-1 531664 111111111111--11- -11-1-1111111[11111- Page: 40 of 40 11/30/2006 03:22 JANICE K 463 C..DILL PIT--N COUNTY CO R 201.00 0 0.00 STATE OF 13\ \ 6 4 3&21- } } SS. COUNTY OF -tg,ak_- } The foregoing instrument was acknowledged before me this 14 day of November, 2006, by Michael Knapp as President ofthe Der BerghoffAssociation. Witness my hand and official seal Notaiyiuc My commission expires: AMY M. DERRY AMY M. n c Notary Public, Kent County, MI Notary Public, My Commission Expires 12/14/2011 My Commission Acting in Kent County Acting i - RECEIVED ATTACHMENT 2-LAND USE APPLICATION SEP 0 4 2088 APPLICANT: CITY OF ASPEN Name: 1*1WfdOf 06Â¥1*0Â¥Vt'imv VAg COMMUNITY DEVELOPMENT Location: / 60 E. COD De,/ Ay~ M t. (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 1936-Il-4 -3-1- 01.0 luwit 1 of lib REPRESENTATIVE: Name: F#low,L Â·,- E>VInÂ·lk,luh Ava,4 *(Avre- ~-el (2Â¢6-n Des if 42 Address: 119- 5. M 04Â¥1 8,4,~h 3* ef1- 64tx#*7 Le Ma Phone #: 190-544-108 6 PROJECT: Name: Du, heMIAOF Ce.84Â¥VliMIU â€¢1 S Address: 166 t.,/6Ufkh/. Av..â‚¬Â«L- Phone #: TYPE OF APPLICATION: (please check all that apply): U Conditional Use U Conceptual PUD U Conceptual Historic Devt. Special Review U Final PUD (& PUD Amendment) U Final Historic Development Design Review Appeal U Conceptual SPA U Minor Historic Devt. GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition GMQS Exemption U Subdivision U Historic Designation ESA - 8040 Greenline, Stream U Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split U Temporary Use JF~ Other: /Zes,2/&045*/ U Lot Line Adjustment ~ Text/Map Amendment ' ' Design 8,4/610 1/#/40*|Ct - aw{+ 4 P #vm, EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ~~wit * 0021 . ZOD 5. A KBM- PROPOSAL: (description of proposed buildings, uses, modifications, etc,) RESiUM#ial DesiÂ·th PLA<ul VAAA*VI Ct Have you attached the following? FEES DUE: $ U, Pre-Application Conference Surnmary - 6,/2 d:Â¢924 +Le 7Â£- Aft 24'e ,Attachment #1, Signed Fee Agreement A S Unt M.to. Mfih.1 nu -1.S Av-jvst 'UFDW toilL z Response to Attachment #3, Dimensional Requirements Form .To kl 6 -â€¢le + 06".4 #* Pke I An- - Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a iloppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. m El El m 01 --- 0 0% 0 % ch aEEEEâ‚¬=~= -- r b ifil.. ~0*312 2.% 2 RECEIVED - Ed~ SEP 0 4 2008 %g= *NU) rowland+broughton CITY OF ASPEN architecture and urban design COMMUNITY DEVELOPMENT TRANSMITTAL Project: Der Berghof - 2616 Subject: Variance - PERMIT - 0021.2008.ARBK Date: 02 September 2008 To: Todd Grange From: Sarah Broughton Via: Personal Delivery Attachments: See below If you do not receive all attachments listed above please call immediately. Cc: Jennifer Phelan (City-Senior Long Range Planner) Mike Knapp (Der Berghof HOA President) Hi Todd, Please find enclosed the Administrative Variance for three Residential Design Standards. Attachment #1, Signed Fee Agreement Attachment #2, Land Use Application Response to Attachment #3, Dimensional Requirements Form Response to Attachment #4, Submittal Requirements with Submittal Key: - Signed Letter, including street address and legal description of parcel (#1, #2, #7) - Disclosure of ownership - Title Commitment (#3) - Vicinity Map (#4) - Site Improvement Survey (#5) - Site Plan (#6) - Proposed Elevations (#9) - Proposed Building Renderings - Neighborhood Block Plan (#28) - Roof Plan (#29) - Site Photos (#30) Please contact us if you need any other information. Best regards, Sarah Broughton ro~landtbroughton.Fornv~ ~office@ li5wlan r ughton~om 0 .308.1 75 7~ b~tnarch street, aspen co ~112 ]1 t 9t7 4~9~006 f 90.144.3473 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Pavment of Citv of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and De,v-Bf/~In 09 66Â¥t.4 Wl'iniU FY,s (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APP CANT has submitted to CITY an a plication for Dev-lev~hof b rvuodel b46-160+ion (hereinafter, THE PROJE(ut 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a 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 Planning Commission and/or City Council to enable the Planning 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 application completeness, APPLICANT shall pay an initial deposit in the amount of S 90 5.00 which is for 3 JAred- 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 o f processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By:, ~ ' ''7 z,,Yz,:~ , AM- Chris Bendon Community Development Director Date: 1 h/o % Bill To Mailing Address and Telephone Number: RECEIVED bu)!44+ 34.114*l,/ SVP 0 4 2Uutl 116'i *20/kâ‚¬ A,M-W l//641 5(5* CITY OF ASPEN //-3 5. frb,uuk_ 4-F. COMMUNITY DEVELOPMENT trÂ¥41, 03 6 i 611 pit : 9 ?D, 544 -9 n& ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: Dg'1/ Bg'tlt? Df /m-Â»Â»40/ 2)* 6. Applkant. Ekâ€¢/8Â©t'fk#f LAYL,L,Wl//Fli#,1 0 Wy? 6*6 rt.p re..00,1,62 b.u BRAIA,U +- Location: /20 E. 6,-ppev,fhekleâ‚¬-- rJ BuÂ·Â·*0,~_- 1 Zone District: f At F Lot Size: /7,- 03-0 Sf Lot Area: /4 #PP 5 F (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: -- Number of residential units: Existing: ' / 2- Proposed: / 2- Number of bedrooms: Existing. A~ 4 Proposed: - Proposed % of demolition (Historic properties only): /0/4 DIMENSIONS: Floor Area: Existing: /0, /605F Allowable: /5/ODD 5F Proposed: /f, 895 3 F Principal bldg. height: Existing: 26 6 61' Allowable: 66-t> Proposed: 31 -/6" Access. bldg. height: Existing: R/A Allowable: - Proposed: - On-Site parking: Existing: /2 Required: /2- Proposed: / 1- % Site coverage: Existing: Al/A Required: - Proposed: - % Open Space: Existing: AJ~* Required: - Proposed: Front Setback: Existing: /Â¥'-01' Required: 510 /t Proposed: 1 11 Rear Setback: Existing: 9~ 0 " Required: 5 LO" Proposed: 5- 8 Combined F/R: Existing: A) ~A Required: - Proposed. *- tl A 1, 82*O Side Setback. Existing: 9 LO " Required: 5- ~-0 Proposed: 5(Â· 9- f U r f ,)) 6(/29< Side Setback: Existing: 10 L 01' Required: 5 -0 Proposed: 7 - l Combined Sides: Existing: ~/4 Required: - Proposed: - Distance Between Existing B/A Required: - Proposed: - Buildings Existing non-conformities or encroachments: AM Wariations requested: ~gidept,62(/ De.Sie pi 373*nkewt-5 kit*,2,/ de : 16.410 ,640(D)(1)(Â©~ 26. 410. 045 (D) (13(6)6 26. 410.040 (DD (Â© . 4 nr C-, ./'Al/'46,1/trir..9, *C.~/, Vililiallillillqll.Iffillijillill gr..... -4 160'39.8 7-9 446.,fl<Al 1.-1 ' '1 4 Nâ€¢, /. " , 4 .g.3 I. 1 & '.I 44 7 . 1 . 4 4 P ..1- Cl~~ 4*' i. , . . R. . f 1 1 I .4 4 1 . - 0 ... .1 . ;11 1 - .. . . P. . 4 . d 1 - 4 â€¢ ti W , .. *k 99[ . 144 1 1 2 1. .'* I . I 1. . . 4 01: . 4 i 6. .. DER BERGHOF 100 EAST COOPER STREET rowland+broughton architecture and urban design BUILDING ASPEN, COLORADO 81611 www.rowlandbroughton.com ATTACHMENT 4-CONT'D- SUBMITTAL KEY + 1. Land Use Application with 12. Accurate elevations (in relation to system in the area of the proposed Applicant's name, addressand telephone mean sea level) ofthe lowest floor, subdivision. The contents of the plat shall number, contained-within a letter siÂ£Â£0 including basement, ofallnew or be of sufficient detail to determine by the applicant stating the name, address, substantially improved structures; a whether the proposed subdivision will and telephone number of the verification and recordation of the actual meet the design standards pursuant to representative authorized to act on behalf elevation in relation to mean sea level to Land Use Code Section 26.480.060(3).20. of the applicant. which any structure is constructed; a Subdivision GIS Data. demonstration that all new construction or 4 2. The street address and legal substantial improvements will be 21. A landscape plan showing location, description of the parcel on which anchored to prevent flotation, collapse or size, and type of proposed landscape development is proposed to occur. lateral movement of any structure to bc features. constructed or improved; a demonstration Â¢ 3. A disclosure of ownership of the that the structure will have the lowest 22- A subdivision plat which meets the parcel on which development is proposed floor, including basement, elevated to at terms o f this chapter, and conforms to the to occur, consisting of a current certificate least two (2) feet above the base flood requirements of this title indicating that no from a title insurance company, or elevation, all as certified by a registered further subdivision may be granted for attorney licensed to practice in the State of professional engineer or architect. these lots nor will additional units be built Colorado, listing the names of all owners without receipt of applicable approvals of the property, and all mortgages, 13. A landscape plan that includes pursuant to this chapter and growth judgments, liens, casements, contracts and native vegetative screening of no less than management allocation pursuant to agreements affecting the parcel, and fifty (50) percent of the development as Chapter 26.470. demonstrating the owner's right to apply viewed from the rear (slope) of the parcel. for the Development Application. All vegetative screening shall be 23. The precise wording of any maintained in perpetuity and shall be proposed amendment. * 4. An 8 1/2" r 11" vicinity map locating replaced with the same or comparable the subject parcel within the City of material should it die, 24, Site Plan or plans drawn to a scale of Aspen. one (1") inch equals ten (10') feet or one 14. Site sections drawn by a registered (13 inch equals twenty (20') feet, *, 5. A site improvement survey including architect, landscape architect, or including before and "after" photographs topography and vegetation showing the engineer shall be submitted showing all (simulations) specifying the location of current status of the parcel certified by a existing and proposed site elements, the antennas, support structures, transmission registered land sun'eyor, licensed in the top of slope, and pertinent elevations buildings an(For other accessory uses, State of Colorado. (This requirement, or above sea level. access, parking, fences, signs, lighting, any part thereof, may be waived by the landscaped areas and all adjacent land Community Development Department if 15. Proposed elevations of the uses within one-hundred fifty (150') feet. the project is determined not to warrant a development, including any rooftop Such plans and drawings should survey document.) equipment and how it will be screened. demonstrate compliance with the Review Standards of this Section. 6. A site plan depicting the proposed 16. Proposed elevations of the layout and the project's physical development, including any rooftop 25. FAA and FCC Coordination. relationship to the land and it's equipment and how it will be screened. Statements regarding the regulations of surroundings. the Federal Aviation Administration 17. A sketch plan ofthe site showing (FAA) and the Federal Communications * 7. A written description of the existing and proposed features which are Commission (FCC). proposal and a written explanation of relevant to the review. how a proposed development complies 26. Structural Integrity Report from a with the review standards relevant to the 18. One (1) inch equals four hundred professional engineer licensed in the development application. (400) feet scale city map showing the State of Colorado. location of the proposed subdivision, all 8 Plan with Existing and proposed adjacent lands owned by or under option 27. Evidence that an effort was made to grades at two-foot contours, with five-foot to the applicant, commonly known locate on an existing wireless intervals for grades over ten ( 10) percent. landmarks, and the zone district in which telecommunication services facility the proposed subdivision and adjacent site including coverage/ interference # 9 Proposed elevations of the development properties are located. analysis and capacity analysis and a brief statement as to other reasons for 10. A description of proposed 19. A plat which reflects the layout of success or no success. construction techniques to be used. the lots, blocks and structures in the proposed subdivision. The plat shall 1 28. Neighborhood block plan at 11. A Plan with the 100-year floodplain be drawn at a scale of one ( 1) equals one 1"=50' (available from City Engineering line and the high water line. hundred ( 100) feet or larger. Architectural Department) Graphically show the front scales are not acceptable. Sheet size shall portions of all existing buildings on both be twenty-four (24) inches by thirty-six sides of the block and their setback from (36) inches. If it is necessary to place the the street in feet. Identify parking and plat on more than a one ( 1) sheet, an index front entry for each building and locate shall be included on the first sheet. A any accessory dwelling units along the vicinity map shall also appear on the first alley. (Continued on next page.) sheet showing the subdivision as it relates to the rest of the city and the street Indicate whether any portions of the 35. Exterior Lighting Plan. Show the houses immediately adjacent to the location, height, type and luminous subject parcel are one story Conly one intensity of each above grade fixture. living level). Estimate the site illumination as measured in foot candles and include minimum, Â¢ 29. Roof Plan. maximum, and average illumination. Additionally, provide comparable * 30. Photographic panorama. Show examples already in the community that elevations of all buildings on both sides of demonstrate technique, specification, and/ the block, including present condition of or iight level if they exist. the subject property. Label photos and mount on a presentation board 31. A condominium subdiwision exemption plat drawn with permanent ink on reproducible mylar. Sheet size shall be twenty-four ( 24) inches by thirty-six (36) inches with an unencumbered margin of one and one-hal f (1 1,2) inches on thc left hand side of the sheet and a one-half ( 1/2) inch margin around the other three (3) sides of the sheet pursuant to Land Use Code Section 26.480,090. 32. A description and site plan of the proposed development including a statement of the objectives to be achieved by the PUD and a description of the proposed land uses, densities, natural features, traffic and pedestrian circulation, off-street parking. open space areas, infrastructure improvements, and site drainage. 33. An architectural character plan generally indicating the use, massing, scale, and orientation of the proposed buildings. 34. A written description of the variance being requested. Page 1 of 2 Sarah M. Broughton From: John Rowland Sent: Thursday, August 28,2008 2:00 PM To: Sarah M. Broughton Subject: FW: DER BERGHOF - Responses to Zoning Comments John Rowland, AIA/Principal rowland+broughton architecture & urban design 117 s. monarch street aspen, co 81611 v 970.544.9006 f 970.544.3473 www.rowlandbroughton.com From: Todd Grange [mailto:Todd.Grange@ci.aspen.co.us] Sent: Thursday, August 28, 2008 12:11 PM To: John Rowland Subject: RE: DER BERGHOF - Responses to Zoning Comments John and Sarah, Staff states that the Residential Design Standards are not applicable for the windows and the parking. So you are fine with the plans proposed for those two standards. Regards Todd Grange, Zoning Officer Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 Phone: (970)429-2767 Fax: (970)920-5439 www.aspenpitkin.com From: John Rowland [mailto:jrowland@rowlandbroughton.com] Sent: Monday, August 11, 2008 2:50 PM To: Todd Grange Cc: Chris Bendon; Mike Knapp; Steve Barrett; Barrett Cyr; Stan Clauson Subject: DER BERGHOF - Responses to Zoning Comments Hi Todd Attached above is our written response to your email (8/5/08) regarding zoning comments. Please review at your earliest convenience and call me if you have further questions. Thank you! Best regards, 9/2/2008 Page 2 of 2 John Rowland, AIA/Principal rowland+broughton architecture and urban design 117 s. monarch street aspen, colorado 81611 970.544.9006 voice 970.544.3473 fax www.rowlandbroughton.CoIn 9/2/2008 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1 - Effective Date: March 27,2006 at 8.00 AM Case No- ACCOM2234 2. Policy or Policies to be issued. (a) ALTA Owne fs Policy-Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured Rate (b) ALTA Loan Policy-Form 1992 Amount$ 0.00 premium$ 0.00 Proposed Insured Rate (c) ALTA Loan Policy-Form 1992 Amount$ Premium$ Proposed Insured- Rate 3 True to the FEE SIMPLE estate or interest in the land descfibed or referred to in this Commitment is at the effect#ve date hereof vested in: 4. The land referred to in this Commitment Is situated in the County of Pill<IN State of COLORADO and is described as folioÂ»,s DER BERGHOF, according to the Condominium Map thereof, recorded May 24, 1974 in Plat Book 4 at Page 467 and as further defined and described in Condominium Dedaration for Der Berghof recorded May 23, 1974 in Book 287 at Page 539. MTKIN COUNTY TITLE, INC. Schedule A-PG.1 601 E. HOPKINS,ASPEN, CO. 51611 This Commitrnent is invalid 970-925-1766 Phone,/970-925-6527 Fax unless the Insuring 877Â·217-3158 Toll Free Provisdons and Schedules A and B are attached. . SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with ITEM {a) Payment to or for the account of the grantors or mortgagors of the fu[1 consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or,nterest to be insured must be executed and duly filed for record to-wit THIS COMMITMENT *S FURNISHED FOR INFORMATIONAL PURPOSES ONLY, IT IS NOT A CONTRACT TO ISSUE TITLE INSURANCE AND SHALL NOT BE CONSTRUED AS SUCH. IN THE EVENT A PROPOSED INSURED IS NAMED THE COMPANY HEREBY RESERVES THE RIGHT TO MAKE ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS AS DEEMED NECESSARY. THE RECIPIENT OF THIS INFORMATIONAL REPORT HEREBY AGREES THAT THE COMPANY HAS ISSUED THIS REPORT BY THEIR REQUEST AND ALTHOUGH WE BELIEVE ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND CORRECT, THE COMPANY SHALL NOT BE CHARGED WITH ANY FINANCtAL LIABILITY SHOULD THAT PROVE TO BE INCORRECT AND THE COMPANY IS NOT OBLIGATED TO ISSUE ANY POLICIES OF TITLE INSURANCE. SCHEDULE B SECTION 2 EXCEFTIONS The PC]licy or policies to be issued wm contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1, Rights or claims of partes in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3 Discrepancies, corilds in boundary knes, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would discrose and which are not shown by the public records, 4, Any lien or fight to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, ifany, created, first appearing in the pubric 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. 5 Taxes due and payable and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing distrkt 7 Reservations and except ons as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 309,474 & 493, providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid min ing claim or possession held u rider existjng laws: 8. Terms, conditions, provisions, obligations and all matters as set forth in Grant of Exemption from Subdivislon Regulations recorded May 24, 1974 in Book 287 at Page 602 9. Terms, conditions, provisions, obligatborts and all matters as set forth in Supplernental Declaration recorded May 23, 1974 In Book 287 at Page 521. 10, Terms, conditions, provisions, obi,gations. easements, restrictions and assessments as set forth in the Condominium Declaration for Der Berghof recorded May 23, 1974 in Book 287 at Page 539, deleting therefrom any res~ictions indicating preference, lirn,tation or discrimination based on race, color, rergion, sex, handicap, ~milial status or national or,gin. 11. Easements, rights of way and all matters as disclosed on Plat of subject prcperty recorded May 24,1974 In Plat Book 4 at Page 467 12. Terms, conditions, provisions and obligations as set fofth in instrument recorded August 6, 1998 as Reception No- 420341, - .Recorded at 1:10 PM May 23, Rec eption # 167648 Peggy Miklich Rec 2:(4287 i.a.521 SUPPLEMENTAL DECLARATION THIS AGREEMENT made as of this 21?thlay of T):tel'Jit,, 1973, by and between JAMES W. M.ANNING and HARRIET M. MANNING; GLENNIS GEORGE BECK: FRED C. LARKIN and LUCETTA M. LARKIN; HENRY P. ERWIN, JR. and MARTHA L. ERWIN ; JAMES CARDER and CAROLYN CARDER; LUCRETIA DONNELL COKE; HUGH J. McGEE and ANN P. MGGEE; HORACE E. THOMPSON and EDITH M. THOMPSON, VERNE G. LaTOURRETTE and MARGERET W. LaTOURRETTE; ALBERT M. ROSEN and MYRTLE S. ROSEN; and ROBERT H. DURHAM, JR, hereinafter called "Owners" and THE COLORADO NATIONAL BANK OF DENVER; and LAKELAND FEDERAL SAVINGS AND LOAN ASSOCIATION OF DETROIT LAKES , hereinafter called "Mortgage Holders". WHEREAS, Owners have purchased and now own an un- divided interest in and to the real property situate in the County of Pitkin, State of Colorado, described as follows, to-wit: Lots K, L, M and N in Block 69 in and to the City and Townsite of Aspen WHEREAS, said above described property is subject to certain terms, covenants, conditions, easements, restric- tions and obligations which run with the land, all as set forth in "DECLARATION OF COVENANTS AND RESTRICTIONS" dated October 10, 1962, and recorded in the 18th day of October, 1962, in Book 199, at Page 440, County of Pitkin, State of Colorado, and WHEREAS, the Owners and Mortgage Holders are de- sirous of converting said property to a condominium project under the Condominium Ownership Act of the State of Colorado to facilitate the transfer of interests in said property to others, and WHEREAS, paragraph 15 of said Declaration of Cove- nants and Restrictions provides that the provisions of said Declaration may be abrogated, modified, rescinded or amended in whole or in part only with the consent of all of the Owners then owning any interest therein, and of each and every hold- er of any mortgage upon any undivided interest therein, by supplemental declaration in writing, executed and acknowledged by all such parties to become effective upon recording in the Office of the Clerk and Recorder of the County of Pitkin, State of Colorado, but not otherwise. NOW THEREFORE, the Owners and Mortgage Holders for themselves, their heirs, administrators, executors and as- signs, and in consideration of the mutual covenants herein contained, agree as follows: The Declaration of Covenants and Restrictions dated the 10th day of October, 1962, and recorded on the 18th day of October, 1962, in Book 199, at Page 440, County of Pit- kin, State of Colorado, is hereby rescinded for the express purpose of converting the present ownership to a condominium project under the Condominium Ownership Act of the State of Colorado; said rescission to become effective upon recording in the Office of the Clerk and Recorder of the County of Pit- kin, State of Colorado, of this Supplemental Declaration. BeÂ·237 Â·v --Â·77 The Owners and Mortgage Holders herebyÂ·acknowl- edge receipt of a copy of the Condominium Declaration for Der Berghof, By-Laws and Articles of Incorporation of Der Berghof Association and Condominium Map, and the Mortgage Holders hereby consent to the within described property being reconveyed to the Owners hereof pursuant to the terms and provisions of said Condominium Declaration and Condomin- ium Map. OWNERS 42Â·9 . /,1 '7 I â€¢ .,1 'd' â€¢ 1//47 ..g -f ; 11 ' f 1 44 1 ...,u,1..9 ....CA 2 1 li / 1 i g James W. Manning Haifriel' M. Manning 4 STATE OF COLORADO ) 1 f ) SS 5 - C., Â£ , 1 County of Subscribed and sworn to before me this 6:7/ day , 1973 , by James 19. Mannin-g--ZEET -9. Iiarriet.M. Manning. Â·.1: 1. Witness my hand and official seal. 3 f + My Commission Expires: Notary Public \; I IiI ..., c yof. Glennis George Beck, STATE OF COLORADO ) }SS. K. C v County of .61Â· . L ~,~â€¢- .' ) , 'Â·'Â·r'Â·Â·, "Â·'. . Subscribed and sworn to before me this ..Â» 4' day 3.~Â·ofr...<1Â·li,Â·- Â· il 4 , 1973 , by Glennis George Beck. i - ... FWitness my hand and official seal. F . i .3 -. A E 'Â·' Â·',, 'Let'..Â·' c f My Commission Expires: T Z..:.,l:, g. 047.6 /- I . Notary Public 4 - -P i ,Â»2Â« 14143<960 ~ 1(lf rt, W\.~0~21;0 Fred C. Larkin Luctietta M."Larkin STATE OF COLORADO ) }SS. 4. f . County of r-CLÂ·â€ž .4 .2 ) . . ... Â·Â·. Subscribed and sworn to before me this :r r Z day , 197,3 , by Fred C. Larkin and Luc;etta :/ F.Â· M. Larkin. i ' Witness my hand and official seal. -2- ---Le 19 BOOKED 1 i:,9 41 My Commission Expires : 2.,.,u /1.Â·t.4.-7 /1> 71 Notary Public DC - 112*G, V (Â·33;.1 >~11 ' - i / ./3 4 f /'7 E.--4 . (.UALAJ Henry P.'Erwin, Jr.~>~- Martha L. Erwin STATE OF CALIrORNIA ) }SS. County o f .2 5 'o,Â·,Â·C a FS ) Subscribed and sworn to before me this '.5/* ' day of -8 nn t, 1.'' Lf , 197-â‚¬_, by Henry P. Erw,i~..,6~,u,3,7~~FEAL- ->CA_ Martha L. Erwin. arÂ·; :% DORITA OBTERMAN Witness my hand and official s~al. c i l: Li t.oi,-Â·Cf F'01Â·,2 - câ€¢â€¢'ronrl'A ~ I.CS AF.7.1 L 2 (:t.)., TY My Conunission Expires: My Cr,nm; -in. r,g.op. Foy 13, 197.1 : , / ; U ('Cf. frt. C L k.tit (' l.~.,1,17>2.n> Notary Public 1,/0 1 43Â·~aÂ·c,;..2 c.j { ..r? A Â·8~L..c-j kn. t. .., C. . c=.Co ..Le,h James Carder Carolyn Carder . 1 .j STATE OF COLORADO ) )SS. iÂ·4 7 County of N, , â€ž., ) 1 Subscribed and sworn to before me this 27 -e X day of , 1973 , by James Carder and Carolyn Dr, -Carder.Â· . -t,J:Â·Witness my hand and official seal. ic, ;My Commission Expires: . 6.:.7 1-- , 2 4. Â·Â·Â·.i:-0 t, 1,~t-=-L Notary Public Lucretia Donnell Coke STATE OF TEXAS ) 64 + County of 21.Adzc* i ss. Subscribed ald sworn to be fore me this ~ '~6#day of <.94, 197 Â«,by Lucretia Donnell Coke: - - CWitness my hand and of f~ial seal. . l, 1 14 457 . 9.r My Commission Expires:l 1,1,04 f s ' E .- F tod 1 i , 141,/' hui /L..~ A.<Uvillj>j Notary-Public ' -3- BOOK 23 7 t-Acl Wc,4 06- 00 7-ne L Hugh J. McGe'e Ann P. PleGee STATE OF COLORADO ) )SS. (33' * County of :6 ,1/-1- 4 ) j Subscribed and sworn to before me this day of , 1973__, by Hugh J. McGee and Ann P. Mc(Dee. Witness my hand and official seal. My Commission Expires: D r Notary Public .rt 4 18-1 uÂ«i_ 9 - 7/2)Â»Â»uN 2 ' -, CPI JIP \ i.,r> Cl.' L/U ' i i~ Â»-.1 B-d -,YLAA-.-rl...J Horace E. Thombson / Edith M. Thompson / STATE OF COLORADO ) }SS. Ar., T County of .3,7..... . Subscribed and sworn to before me this '77- k day of , 197--7 , by norace E. Thompson and Edith M. '.Â© I.''thompson . . C . 1 'Â·; Witness my hand and off icial seal. . .1 1 A -' .Â·'c...My Commission Expires: ,, 1. e , 5 197,4 Notary Public L"./ (5 1 2..fi- 73.1â€žJt6--- LC.h?.1, , 6 1 7 t (,2 :. .. ' .. i /.n>AeaÂ· .8 f.r .c, r ., -,7 7 7 Verne G. LaTourrette Margaret W. LaTourrette STATE OF COLORADO ) }SS. - dÂ· r,Â· Â·, County of .4 Â£ 'i -1--,/ ) . Subscribed and sworn to before me this y.rk day of , 197.1 , by Verne G. LaTourrette and Margaret 6 W.,Â· LaTourrette. ,Â·a,.. Witness my hand and official seal. u Â· 9- .Â· ' My Commission Expires : -â€ž6.4 :- ,,-,2.: 37' /O -1 4 . 4 - 1 ..1, Ck L â‚¬ â€¢ /0 Notary Public' /7 9 A.JAO U Albert M. Rosen Myrtle,-S. Rosen -4- $ 4 1//21(, 1 Improvement Suruey Plat Lot A Der Berghof Condominiums Lot B Found Disk L.S. 2864339 As shown on the Plat recored at Book 4, Page 467 Found Red Plastic Cap L.S. # 28643 S75'09'00-r Lots K, L, M. and N, Block 69 1 Electricol Meter / 1 7 /9.,\ L 63 i City and Toujnsite of Aspen, Telephone Riser Spot Ele-lion st Bu"-9 2 Counly of Pitkin, Stale Of Cotoroodo Corner 7909.84 M 4 48327960.2 - / - Spot Elf.ation 7909.533' 72000, C > , , Legend and Notes: 3~3- 5. hp~ 11~ 98. Aspe -, - El indicates found monument as described. ' - % Indlcotes monument to be set or origind recovered ( L S.#33638) Spot Elevation 7910.30 9" Spruce- ~~ - ~ hdicates deciduous tree - 5.od' 5' Setback 468 - ' fÂ·3'' Spot Elevation 7910.96' - 1~ indlcotes pine tree A l ; - ~ --- ~7- Spruce - r- 7 Spruce \ - Beurings ore based upon o rebar ond cap LS#2376 found at the southwestarly comar Asphaft Spot Elevation at of Lot K ond a disk LS. f8643 found at the southwestarly corner of Lot A Building Corner 7909.98 using o becring of N1431 OME between the descdbed monumen k - Eaves ore not shown. Electrical Tronsformer 5 Spruce - This survey does not represent o title search by this -3 Cobje Te/evjsion RAer- surajor to determine ownership or to djscoar , ... 1,13'-6-%' -Â· ]:A:Â· -2.0 :.:-4 3:.Rb; -".<Â·:2.- y' ixÂ· of----..4 -i'vy't-- 49.- 4 E - Telephone Riser eosements or other encumbrances of record. AN 5* pin~- inform,Non pericining to ownership, eosements or other encumbrinces of record has been token from tme insurance commitments issued by Pitkin County Tltle, dated Mich 27,2006 os Order No. ACCOM2234 0 %Â· Lot L . ... - -This property /2 subject to apparent easements foi i existing utijities. -/ #. Gos Meter - This property is subÂ»ct to eosements, rights of way and/ or requirements Asphon - 1 06 noted or shown in the records of the Pitkin County Clark and Recorder. 4 , This property js subject to the foilowing exceptions per soid title commitment. 5.00 7. Reser,itions and exceptions as set forth in the Dead from the City of Aspen recorded in Book 59 ct Page 309. 474 & 493, providing gs follows: ~That no title shall be hereby acquired to any mine of gold, silver, Cable Television Rtier -2<'.~,~f: ~*~Â·~ij,) .J~11~'i -t :- Â·-,t*~~F,~*--, ij~Â·Â·~~,;~ iOL-'~ 0 L- P 06 ~-9 -, cinnabar or copper or to any %//d m/ning Â¢/01>n orpossession he/d under ax/sting /ow,~ Spot Elevation for a Electric Meters ~ Bu#ding Corner 7910.78' ~ - 8, Terms, conditions, provisions, objlggtions and oil matters os set forth in Grant of Exemp#on from 2 ....% 4=>e ' Subdivision Regulations recorded May 24,1974 In Book 287 at Page 602. Gas Meters , - 9. Terms. conditions. provistons. obllgations and on matters os set forth in Supplementd Dectorction -... UL..Il.~1 1.-1.4 1.-,1 1- 47%.iTR--: -32~11.~:-~.ti?. 2. /1.Lg~ 'Â·. Â·:Â·.-~'IÂ·'~;I.Â·~ Sppt Bevation 7908.83 1 -643Â«.1-a . 1 r. .. - . recorded May 23, 1974 in Rock 287 ot Page 521. . 4.*,~ Â· ..i. Â·~ - 7Â· K'ik tti -Â·- *:. $,01 Elet#A. 01 ~ - 10. Terms, conditions, provisions. ob#gations. easements, restrfitfons and assessments os set forth in the -tr *-'-.:/I ..:.2.f. igÂ·Â·Â· Â·Â·-Â·... - 1 a-g a.Mar .8 6 f Condominium Decicration for Der Berghof recorded May 23, 1974 jr Book 287 ct Page 539, deleting 7910.51 therefrom any restrictions indicating premrence. limitation or discrimination based on race. cdor. religion. *_Spot Elevofion 7910.66' wg i ,~*co~ Ele4Â·otion 7910 14 ~ ~0 -f .4 ''- :,-Â·- -' ' , ;CÂ·Â· 4- Â·2 - sex, hondicap, Bm#i// status or nationd origin. 111. AsiJ p = 11. Eosements, Aghts of woy end W matters as disclosed on Pict of subject property recorded May 24, 1974 1 1 / / / In Plot Book 4 at Page 467. 1 4f... :72. ~ B - 12. TermÂ£ conditions, provisions and obngations cs set forth in (nstrument recorded August 6, 1998 cs / 0 - < Reception No. 420341. U <C 11Â» Aspee , ' Bund/ng ~ 10"rkspen '<~ --.~.' Rock ~ 3- 8-01=0 / 1 / f f CdaL Asphalt aund Rebor & Plastic Cop L.S / 2376 7 / t' 7 Spot fle.otion 7910.66~~ , SIrveyor's Certificate: 4 \\ Â£70 1 7910.59 6 C the Stote of Colorado, do hereby certify that this 43 Stop sign 1 1 Jeffrey Allen Tuttle, being o Registered Lond Surveyor in Mailbox Pad 5.00' 'j e and correct to the best of my belief ond knowledge. improvement survey was made under my supervision Ind 103 true -----/--06. 1 further certify that the Improvements on the above described - g~ , parcel on this date, Apr# 11, 2006, except ut#ity connections i Aspholt -- ---- iVicinity Mcg) 1"=1000' premises by improvements on any adjoining premises excapt as 122Â£22' indicated, and that there is no opparent evidence or sign of are entirely within the boundaries of the parcel, except as shown, that there are no encroochments upon the described ./. r *44*Wil ~ 74971 vt 19&04%.*--i-Z< . J QI -- *Â·4::~ Â·4Â¢t{_ftÂ»fite#*59 1Â«33% any easement,#**,i-or burdening any part of said parcel. RA~4 3AH* 44244 except o 6/44Â£5 .*g.<3~â€ž0Eo,75 61%/FAM,Vi ' 37' -11 Je~â‚¬9**Cruttle mi*833638 ' bite -1,1A l,194.,423*15M46451(-f#*t-47 2 -1~ 1110%1 9.'#4 , Aae 10 Co op eT A venue - GRAPHIC SCALE - .E -fT-<Â·441ETI~<~~~419~94*22*Â¥Hha ~*d L=44 bABLJ-it C IN FEET) linch - 10 1 t-~ AFF#P LL â‚¬ int â‚¬k v 1.â€¢ #ac be-, t't=Â·.Â»*4WN"ms*N N.t.% TUTTLE SURVEYING SERVICES Accorâ‚¬/I . Co/rade law y....8Â¢ colnmence any leeal actâ‚¬t,t~ based upo~ anv deeci in 226 Heather Lane ./eÂ® Carmish Street and Cooper Avenue Wby SJ 1 ~ & swwy tuU,hÂ·n Â£4"/ Â¥"rs q~Yer you Ant dueever swch defect. ln no *ve,/ moy Glenwood Springs, Colorado 81601 4 Elat aciron basid upon my wia m mis surwy 8, commEnced mar, Aan fee years (970) 928-9708 (FAX 947-9007) Improvement Survey Plat Date: 4/11/06 Am f.%8 44" 0 me c.10,"am shown *on Email- jeff@tes-us.com TUTTLE SURVEYING SERVICES - /09 1 Aspen, Colorado 81611 tsh, Street (Center Stre 22 1 1 rowland + brougl architecture and urban i 117 s. monarch st 3377 blaB aspen, co 81611 denveric 970.544.9006 v 303.3( 970.544.3473 f 303.3( - I__ 1_ -1 __1 __ I Consultants ALLEY T-61/8- 100 2' r , Tr *05*1 ,_.-- -- - -- GAS LINE -7 4 N75Â°09'00~W 120.00' PROPERTY LINE Y----6Â«Â« ELECTRICAL TRANSFORMER CABLE TV RISER ~ ------ - TELEPHONE RISER . 2 T 0-41.122Â»L -4--7.-DIN~NVEL--- r--=if. sE--44VtÂ« - - -JOE 3RD FLOOR BELOW - U 1 Issue: ELECTRICAL LINE 01.09.08 1 IFrul I 1- ' DD PROGRESS 16 1:!-- ' 1 -f L 23~I 1 01.30.08 -- 1 GAS METER DD PROGRESS d '-100 1 02.11.08 CONSTRUCTION I 15 VARIANCE 09.02.08 1 1 sET 100 E. COgPER AVENUE 2| ~d BACK ~5 | | | n BIKE STORAGE ISLAND z i, ~3 1 -- RELOCATE ALL ELECTRICAL Ga 4-~-Â«~1 I AND GAS METERS TO NEW Cc Eli Il 'LI 6 6 EXTERIOR WALL 11 11 EN: 3 1 1 1 P 0 1 9 41. Â»Â«.111 1 '01 ! --7-2-It T-~ ~5.-~~_F 1. 3: 22 1Â»f. 1 1 3RD FLOO BELOW Il- - 4 1 - LINE OF ---- --4~7 ~ 1.01 n \\ |~ LITTLE RED SKI HAUS il BUILDING OUTLINE ACCESSIBLEROyit - 111 -- . 1 FROM STREET -2~' 13 I,. - 9 fl' 5 DER BERGHOF * s fiuv (4) et-vvotvf CONDOMINIUM 11 ~ 1 I 4 -I t - bu &+00- REMODEL/ADDITI 11/\ -v/1*- ./ I. Ir 2 1.. I i l Walk, pwpâ‚¬*444 17-_Ne - ASPEN, CO 81611 11 I \ 11 ~44# Â»--- 7 '/ 6 1 =_-__ ~ ~N-| -7~ _ -= - 17 fwi wali 0% ~ 100 E. COOPER AVENU 3 1 r _I' I i I PA,%alAtzEETROUTE ~ boildA~; - VA,l am et 1 1 MAILBOX I 7F SET ~ - 1 1 -4' I 0 1 1 1 ---fne--~c-- - I ---- ,----==-V- -- ---- ...A--=arv -------4=2---- 1/ \ -- - - -BUILDING ENVELOPE -- ' b)kie 5 -,ur==.2. ..='' -n,~ ' ;.a~_.U , I lili=4~,; ~ -1 0 4--PRURLE-/-9 ie 3 -- 32Â« 120 00 - 10~~-~m~l~~l~~~CIF!06 8 - .4 7 = =,$n ~~F~ ~ ~ .~-. ~ 4 2. p~ 3 = 4 2 - PROJECT NO: BYARCHITECT ' 1 ~ ' ~ ~ 2616_Al-1.dwg 2616 DWG FILE: L / L OMI~ (E) WATER / / # -. NE - EXISTING WATER LINE CONTINUE < EXISTING PROPOSED --- SHEET TITLE ~ SITE TO BE ABANDONED SIDEWALK ~EWALK PLAN c:E-A-yl--3-B -FyÂ«I'_21Â»~r, GENERAL NOTES: 1 1. REFERENCE L100 AND L101 FOR MORE SCALE: 11 - L-f' Ill '11 1 41, 2 DETAILED SITE INFORMATION AND Â«- UU-ruzzEÂ» . __- 1 LANDSCAPING FEATURES i~~~m'rz'~ 2. RADON MITIGATION TO BE PERFORMED BY Al.1 r~nnocD A\/CkllIC A QUALIFIED SUBCONTRACTOR CONTINUE SIDEWALK AND RECYCLING ~ROPERTY LINE ~ N14'51'00Â·EE of Beari"g) 0/ V "67 u 1.77 1 .7 - -2 . 1 qi.+W 98'-4" V .-/ 16'-6' 16'-4- 16'-4" 16Â·-4" 16'4 ~ee t= 1 1 1 1 1 1 rowland + brougl architecture and urban I 117 s. monarch st 3377 bla) aspen, co 81611 denver, c 970.544.9006 v 303.3( 970.544.3473 f 303.31 1 21 1 1 0.25:12 0.25:12 0.25 :12 ' 0.25:12 0.25:12 0.25:12 ------il-~ *Ii ---*-~ -ill-- 0 0 - - ----1-- -2--- ------ - 1 ---1 - 7...0 -00 Consultants 11 1 1 - 1- - 1- 1 1 =EZZ-,~ Issue: 1 I 01.09.08 F MEMBRANE ROOF I i DDPROGRESS th 01.30.08 DD PROGRESS I - 4 - 1 02.11.08 r-EXISTING MECHANICAL ' E- EXISTING MECHANICAL- ~-EXISTING MECHANICAL 1 CHASES TO CONTINUE / CHASES TO CONTINUE CHASES TO CONTINUE 0 5 CONSTRUCTION i l Ul I THROUGH LEVEL THREE / THROUGH LEVEL THREE THROUGH LEVEL THREE . I. 09.02.08 11 E- 317 2-1-1 AND OUT NEW ROOF | 3 - -|7 -11| AND OUT NEW ROOF | F ELT~- 77| AND OUT NEW ROOF 1 85 11 11 L ~ 1 1 111 1 1 11 VARIANCE 1-5 =:LiA = =L | 2=,9=7_JI %@ @ I 1 - 11 1 1 - 1 10 1 11 1 1 1 1 4 lili I 1 1 1 47 1 - 11 - 1 1 197 1 9 -_- _3 -4 --- -----913 --- --- 1 ----- ----- 91.-0 --- ------- -----1---- --- ---- -- P~ - - 1 ca, ~ FIREPLACE 1 -1- FIREPLACE FIREPLACE --J~ 1 FIREPLACE - t 1 1 21 FLUES FLUES FLUES FLUES -2 - 1 1- - $ 0 1 1 1 DER BERGHOF CONDOMINIUM NEW DECK BELOW NEW DECK BELOW NEW DECK BELOW NEW DECK BELOW NEW DECK BELOW NEW DECK BELOW (UNIT 7) i (UNIT 8) (UNIT 9) ~ (UNIT 10) 1 (UNIT 11) (UNIT 12) REMODEL/ADDITI 100 E. COOPER AVENUE 4==2 ~1 -TED -121] -1 - -1 - ....8 ASPEN, CO 81611 r 6 7 1 7 1 -7 1 7 C. 17 ~ | ~ PROJECT NO 2616 DWG FILE: 2616_A24.dwg SHEET TITLE ~~~~1~ PROPOSED ROOF PLAN SCALE: JFM/-*â€¢50" 16'-6' 16'4 16'-4- 16'-4" 16'-4- 16'4 3! 31'9 P o" 1 1 11 | 98 -4 ~ j ROOF PLAN - PROPOSED A2.4 /0\ ~A2.4j SCALE: 3/16* = 1. 1.............) 0.25:12 Zk~GO (LEVEL ONE - UNIT n â€ž9WAL Z-,6 .ON .En 06-, A ' . .... . +4 ..f 4 ' 1 : 4.. W.V. . >(,Mf . LAU . ..: 4 0 ''%722 ' 4 ' th:*3 9 /4<Â· 4, r /4,1 FAM )1 9,~j ~ 7 1. 9'...'.4.*4% . .7, #,7: 6:fr Pl'*36 f .144, I ./ .... du, fr . 2. KA S. 1 1 , 11.. 94,11% ..Â· i 1 7*fAW-4,26 . 6~%*2=rf . -,4'.1 4 Â·'~P i/li'WEISW#i 1~, n. -. 1.- ../ 04 49 , i.; ./ 4 AS..., .... 11 ' 4-ia-:t '2 4 4Â¥,7. a . . 3-- - 4 'temfi i , ....5.- - M I .1 - ..1..... 4.r 401 '. " 'lst .1 ' , lie f M 1. . 111.-1 1 t., . ..: . .. r I th ,/ .-4 -3 - I V ,- 1 - 27-.' Â· Â· Ar, . I '1 I---- 4 Â£ f b .4 ./4 V., 1 -Il- , - .~ ,~ Mt . r. , 1- - 4. k. .... .li h.- 10 -0-1.---lll~ . p '11 91- r V - i * 11 i . 6.1 -1 1 -I 6 8 . :Ii 4 4Â·Â·Â· Â·. c, . I '' 9.1 .. . . 1 13 ...I- .:' , 4 + 1-- - . 9 .. - -t- .,i . ' -*Â·'Â·1+E#/EkillilÂ·. r A - e.' CK 1 . 1 v -'-,0 -1 9 .4Â» ' . I.,m ./.- - , 1 - - 8 9 - . -I . ' 'p- Â· itil/BA...Wht 'Â· , , 11110&7"7/4 i , ..'.-4 i* ~ ~ L.- --- Â·~ - i â€¢ Al' - . I --i - 1.< ... -r 1 . 0 0 .... , -- -I.I- . 0- .:. i. . 1~7 N I. .1//1.Z -.I/' 'hr~'i A - 4 - , U 'I- - 4.....2 2 .... 0 17.i 'wi'///0* *DL i : -* im/1 ..5.- tr - . it â‚¬ 1' 1 ' . 9Â¥ 4<*aft .74/'ll - ' -*-. I f 1.. k . I ... 00 E~oper S.:,Aspen, C,O~q1 - -7 .: I~ P, r .. ,-t. L ...h ./ .... = - 4* - .1 - /. _ Ir-7. AJ l. . 7 .,4 : 91.4: . ... -44=q 'r-.i. i - 4. -6 & '/2..... - .li 07 7 - 1 - 4 t t :P'-44 11#~ - W ==11,+ 2 724 - i *...ii *5 9 5, ' I . 4'.t 1.- 1. .L . - 1Â· / el-- P . 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AGI 1 Â· < . -2, 13, ----7 ./ 1 r .'. 4 y. -1 0 ' . - ... 0. 0 DERBERGHOF - PROPOSED COMPUTER MODEL rowland + broughton architecture and urban design 117 s. monarch st 3377 blakest, 106 aspen.co 81611 denver, co 80205 970 544.9006v 303308.1373v 970.544.3473f 303 308 1375 f 4 -3- Consultants -- Elly- i 1 ., 1 4 :4, - 4 1-. 01 - - 3 1- L.7. U - 1 ' .9 â‚¬/ A 1/.# I. i$-1 k . Al.1--- . .2-'-4 %449 9- 1 . ,-r- ,- 1. .FL.-r r 1 1- 7.- - 1 1 . , 6 ,--- 3 i /i 1 S ~ r. I./ 1 IssueÂ· - - - ,/lir . , -41 - - .If 3, r -- - i - 09.02.08 1,4 '1 -r ' VARIANCE r r â€¢ i ..... rv.. t - 1. 1 -2.=E--,7 - r 4 -1 -341 , ./i.. E.-1*, y *4 '-- -â€¢. Â£Â¢9 0,<5'I 4 -1... i ~ a. -6 . --b---- / - / -f U 5 41 - . ..1 - - .. .Â· L 1 - â€¢ , ... 1.- 1 1 21 - 4 t , â‚¬ A.1 4- 4 . 4 ,/..I LEVEL ONE PERSPECTIVE LEVEL THREE ROOF DECK PERSPECTIVE V DER BERGHOF . -'.28...IN.l-'UM j.'.- i.) . BUILDING . '7 -N . -malb +ilin/0 1 ---I-- K - -ill-&.. :1 k .r f..I-k - "A:AR 100 EAST COOPER - r' - -- -- NZ240. r. 70:j~M~~Mil,~ - 1~1?il I -*I - 1.~ ASPEN, CO 81611 4 - 1 Â· f. t'j W. ' " 332> 'B -~ 2/ 4 / ....Sl. k '..-- r ~..-.- 'L-- ume~ Un -\ 1 1 1 V -074 \:'.9,~r\ - i.~~- 6/% - -q-47.74It/,2. 1 leâ‚¬Â· LOÂ·b*- I - .< ''4.''' '.1 :,1 - .5,9*4 . , . 4 6 Â»'L r gr'. 2 ./ 4 L='e I 0 I - ./.Er/Mid M .Ir-> h ~ . 4 PROJECT NOÂ· 1 '....:. I. 0 ' i' 2616 DWG FILE: 144 -,2 23Â» i K>1*,birvi -46â€ž 2616_AO-4.dig SHEET TnTLE - ' PROPOSED - COMPUTER - MODEL LEVEL THREE PERSPECTIVE SOUTHEAST PERSPECTIVE SCALE: N.T.S. AO.5 T~â‚¬ -.Mul, arn- *u,~11 .m/locopâ€¢ao~....fo 1, 1.' DERBERGHOF - PROPOSED COMPUTER MODEL rowland + broughton architecture and urban design 117 s monarch st 3377 blake st.106 :;5~Ed:'kN~Ul denver, co 80205 303 308 1373 v 970.544.3473f 303 308 1375 f Consultants / t-- - . 2 - 2 -- - -- -.t Â· t. - J=--4--1.1 -1 - 4 M 1 r i â€¢:i - - Im Ill LIL- 1 1 1, .9- Â· i 1/em ...140 '1~--- rÂ¥ 4.1 7. '12.2 ..420 1 - i 1 1 1 22,4 . . 1 ..1.L . ..0 1.e , ~- .. _t_, *. 09.02.08 4 VARIANCE - 2. I--Irld ji .4, i./4 . g I 2.+ / 0.{-~. -2 - - . p - -- >V-i b t<2~- '== ' SOUTH PERSPECTIVE NORTHWEST PERSPECTIVE ; DER BERGHOF e BUILDING -0 - me 100 EAST COOPER Im ll- - -- i . Â¥ ASPEN, CO 81611 -% 6 6 - -- 41 1 4 18 . 1 --/T .... ~49< 9, i %= - 1 I tr. F :.1 2 -1 '. 31 24 - '11 --. - r , m. ~. - , f. ~ ~ PROJECT NO - 2616 DWG FILE: 1 - -- 26100#dig SHEET TITLE PROPOSED COMPUTER MODEL SOUTHWEST PERSPECTIVE WEST PERSPECTIVE SCALE: N.T.S. 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VARIES STUCCO WITH CONTROL JOINTS ' ' , * ' * i , 4 ~, ,~ METALCLAD -10 ~ ~ ~ ~~ ~ ~ ~~ | ~I~ ~ ~~~ ~ ~ GLASS RAILING Â®'4 Â®1 0 0 7 STRUCTURE 3 f Consultants , .2- . \A\1 ---- l -3- 'Pl #'- -2-1-. - WOOD SHIPLAP ~- t 49~~0EE ____ ~__-~ _ _ _ SIDING T EL 119'/ STONE VENEER ' '%.' 741 -4 ' GLASS MLING 0 0 eli Â® , 2<' 0 /_ 0 7 0 0 2 -ac SCUPPER 212 c - -22Â«7-=1 421= 2 1*- I -iii ' 1~Â» 707 METAL FASCIA - --- AND SOFFIT METAL CLAD CORNER TO Issue: STREET 3< -0 j ' A=' ~ ~1 '' MATCH WINDOW CLAD COLOR 01.09.08 0 , 9, 10 (9 15.16 0,- ' i i ~~ [a WOOD SHIPLAP DD PROGRESS -72 -3 122-- -~12.62 -7~ - Â·- SIDING - - -- - 01.30.08 / 'r ./=/ *' i.l> -- = --1 '41 14= 4 =wly) ti~1*# ir=Â£4('FLL==- 4.41 1 -21=,1,--- =*0 L-,- STONE VENEER DD PROGRESS ~ - - SITE WALLS = 1 .E; Â£ 1 , 7 Â·lb 1 1.I .4 .44 12 - I , Â£_ = =r -ti-= Lorii E TO YM - 02.11.08 C 41* == * 4 7- - ----- 1- i[12 -6.-TE'-- Â·- - - --- - CONSTRUCTION I 09.02.08 VARIANCE < 1 j SOUTH ELEVATION - PROPOSED <A4-1 j SCALE: 3/16"=1Â·-or 00 (i) A 0 0 1 METAL CLAD = ..4 A64 11 1 - CHIMNEY FLUES METAL FASCIA AND SOFFIT X-- SLOPE 1/4~ PER FOOT 1 [-1 [-~ - 32' HEIGHT LIMIT 4 7.0 STEEL A HIGH POINT 9 EL 130'Â·le _~_ _____ DER BERGHOF STUCCO WITH -- ---I<--- CONTROL JOINTS CONDOMINIUM i METAL CLAD REMODEL/ADDITI -- - STRUCTURE L_ ~ â‚¬ ' | 100 E. COOPER AVENUE 11 4 n L ASPEN, CO 81611 - B < 4 '. T.:1 2 LEVEL THREE u.,Â· 2-2 021 -9 ~ -- --I-yE=J=1-20=~:1~-f 6 7.0. CONG. - _ -- _ y EL.119'Â·0Â· - . 0 ,, , -CEar-$4~-- -Tr#<Ei, ----------- --- --- -- 23-1 --*- -3- I Â· Â»~-~Â·1' STONE VENEER -- 1,-. ],- ---1 STONE VENEER Â«2 - =622===~48~74' .1 -1 1-1._J /_____3 1 : :.1 11 111- -~- L A--43?~ 4 491 METAL FASCIA 1.- -1 jUL*- Â· - - =A- =IC=2 = 1 U=-1 LEVELTWO AND SOFFIT - M EL 109'.33/16- --- -- - -, -- -- - . WOOD SHIPLAP COOPER SIDING AVENUE PROJECT NO: . - '' 2616 OPEN TO : 3 ALLEY -~-Â·-- - STONE VENEER DWG FILE: SITE WALLS - 1 --, ~ UNIT#1 Â·1, 2616_A4-1.dwg -- --- _=6. .7- TERRACE l.' . mea SHEET TITLE ~---2347==5=7 - - - -- PROPOSED 11 1 SOUTH & WEST ELEVATIONS SCALEUAGâ€¢--0" 3132"= 1Lor, Ell_WEST ELEVATION - PROPOSED A4.1 co,â„¢-2-Mo~.-.-0-r-/Rc-..... BUILDING ENVELO 9 3 3/16 9'-813/16 9-3 3/16" 9-8 13/16- â€ž0-.6 L BUILDING ENVELOPE 19'-0Â· 1 lu' .0, ,â€žj ND/ 9 98'-4 9 5 m rowland + brougl A6.3 architecture and urban c 117 s monarch st. 3377 blah METAL FASCIA 970.544.9006 v 303.3C aspenJec 81611 denver, c AND SOFFIT 970.544.3473 f 303.3( .Â£-19-_BQQr~ --- _ ~ 7 EL. VARIES - STUCCO WITH ' 1 CONTROL JOINTS 41[1 01 Â®,3 Â®,31*rl Â®, 1 9 0.00 239{11-*I-1 1-4>00,0 -4-; 1 , Consultants 1 ,~- --- METAL FASCIA 2=7 1 ~ AND SOFFIT LEVELTHREE 1 1 6 T.O. CONC - - -4 1 -7--EL.119*-~ 1 --- 1- = -- -- Lr STONE VENEER ------ STONE VENEER Â¥ ,\ 2-Ut \, 1 - -Â® 11 1-=1 1 Â® 1 1Â® -7-3 ' - WOOD SHIPLAP ~_ - fEE._ LI 112 n - -- - _ - __ - - ~ _ ... SIDING , LEVEL TWO 17Â·F ., f <gill-f T~EL. 109-3 3/16Â· - - ' - - - ' - - - r - SLOPE 1/4' PER FOOT Issue: F , 0 7-1 0 -0 I 717 -Â· I_ U~\ E ~. _~-p Â®~ f-91 0 , Â® Fi_ J Â®0 ifÂ® 2-* i Â® 30 0 1-3 .1 j 01.09.08 O ;- <%> OIl Â® 3 0 11 -3 1 Â® .--10 DD PROGRESS El-flu' 0 - i .13 2 =2- ..=- IL--1 C j GARMISCH 01.30.08 1 1 AVENUE DD PROGRESS -- _ .--il I.._i - _- _ 02.11.08 CONSTRUCTION I --- I -- ~~=~~~ ~ ~$~~~ -- Â·fEEC~ ' 09.02.08 WOOD SHIPLAP SIDING | | | ~ VARIANCE < 1 j NORTH ELEVATION - PROPOSED E*42SCALE:-miET'ii~ 8 (F) i 97 ~93Â«Â»116 0 59Â·-511/16Â· 7 9'-711/16' METAL CLAD CHIMNEY FLUES METAL FASCIA 32' HEIGHT LIMIT SLOPE 1/4~ PER FOOT AND SOFFIT 4 T.O. STEEL Â¢P H!9M POINT 7 EL. 130'-10Â· DER BERGHOF STUCCO WITH -- -- -- _- _ -- T CONTROL JOINTS CONDOMINIUM REMODEUADDITI METAL CLAD STRUCTURE 78 100 E. COOPER AVENUE - ASPEN, CO 81611 1 Â· Â· ~ 111 /*f . 11 LEVELTHREE - ~~~~,13 -~wlitl_Lual=--_3-_ -___-_-_- ..3.----- 7 EL. 119'0Â· 8 --/ - STONEVENEER 5_ - iri = 1 .Â·---Â·-- SWOPIE VENEER t=491 1 ' -Â» . UE=&9 ~~~ -- - -Iet:1 0,1 -- IMR - 11!1 METAL FASCIA 4fc?-Al.:t.. - -1 AND SOFFIT T-'Limi-'Ir -1Â« 11- ...1 ' ---=4- I - I -,DZE] -'[6/:n = WOOD SHIPLAP SIDING PROJECT NO: COOPER ~___--_ 2616 0- 117 ._ - DWG FILE: STREET -.v 1* - Â·t'' 71}DE. = -lE -- 44=F 2616_M-1.dwg ALLEY A *21 - - Â· "1=== r - =t----- - =-12--63=__ r---- ----==--=-----A~ ---====0 -- ----=- ; 7_Â« -- SHEET TITLE 7-firfE~ - ---- - .--- -4.-- _-_- 4-2--e=-f-1+=4.* -xFilEtji ~7- 122_ PROPOSED FENCE IN FOREGROUND NOT SHOWN FOR CLARITY ~ ' ELEVATIONS NORTH & EAST SCALE-1-9**88-469" 3132'1= 'Lot, -2_EASTELEVATION - PROPOSED A4.2 434.9 SCALE- 3/16-=1'-0" Conlil~T.= ROÂ¥,t.elD-Mou-rm,1,--EcTWEA'. BUILDING ENVELO 9'-3 3/16" '-813/16 9'-3 3/16- 9'-813/16' BUILDING ENVELOPE u 61 UP \~511 2.7 LD Â° 98'-4" 7- 16'-6 16'-4' 16'-4" 16'-4' 16'4" 16-6 . 4 -----7Â£ CD , 2 rowland + brougl architecture and urban c 1 3, 1 CAE.1 ~ METAL FASCIA AND SOFFIT 117 s. monarch st. 3377 blat $ T.O. ROOF aspen,co 81611 denver,c 970.544.9006 v 303.3C 970.544.3473 f 303.34 32' HEIGHT LIMIT ' EL VARIES L ~ 111 11 / 1 - - 1 - 1 92 - - 0 |1171~ -F -' -consultants 7 I - -- - 1 1 0 e 1 6 Ill 1 1 Â® 1 6 + 0 k k . . ~_~~il. . -1 I .,~t ~ .1 k k - LEVEL THREE - --1 -1 - - 2 1 1_ A 4 T.O. CONC 9 EL. 119-0Â· 1- A- ~ I k -)<flt < Â® ~ 4 4 i - 1 1 - 0 0 0 0 1,0 14 0 1, , 7 #i' - - 9 i' 19 - ~ 11 12 6 0 49rtay d j' P EL 109'-3 3/1/ ~ ~ Issue: o GARMISCH , 1 0- n . DD PROGRESS 0-41 -2 9-4 1 es ' , 4 '- -iI ff---9 rt 1 -2-, - n-13= 1 -3 '46 A i E - STREET IP' 9 1 4 01 0 10 1 0 91 4 01 1 0 2 1 J 1 10 C--7 W'U 01.30.08 01.09.08 11 1 12 13 / 4 115 ~ | 2 A '' ' LEVEL ONE 11 1 4 4 1 Â·'r-'r â€¢h 7-0 CONC -- - 1 - -I J,HI 02.11.08 Il I 1 61 DD PROGRESS f EL 100'/ - Â· _ _ ~ CONSTRUCTION I 09.02.08 - VARIANCE < 1 j SOUTH ELEVATION - PROPOSED ~ A4.3 j~ SCALE: 3/16"=1'-0" DER BERGHOF CONDOMINIUM REMODEUADDITI 100 E. COOPER AVENUE ASPEN, CO 81611 PROJECT NO: 2616 DWG FILE. 2616_,AA-1.cl.,vg SHEET TITLE PROPOSED SOUTH (GRID D ELEVATION SCALE:,GaE*URr p 3/02"= 1'-0 A4.3 BUILDING ENVELOJ 9'-813/16' Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessoi-/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Cbaracted-stics I Taa-information Parcel Detail I \-aluÂ© Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000866 273512471021 29.317 Owner Name and Address FULSTONE AMY HAYDEN 100 E COOPER AVE #5 ASPEN, CO 81611-1763 Legal Description CONDO: DER BERGHOF UNIT:5 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 658,900 52,450 Total: 658,900 52,450 Sale Date: 8/5/1997 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000866 10/14/2008 Parcel Detail Page 2 of 3 Sale Price: ||285,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 2 Baths: 1 Finish Quality: GOOD MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $773.34 1997 Tax Payment: First Half ($386.67) 1997 Tax Payment: Second Half ($386.67) 1998 Tax Amount $798.14 1998 Tax Payment: First Half ($399.07) 1998 Tax Payment: Second Half ($399.07) 1999 Tax Amount $895.98 1999 Tax Payment: First Half ($447.99) 1999 Tax Payment: Second Half ($447.99) 2000 Tax Amount $1,003.18 2000 Tax Payment: First Half ($501.59) 2000 Tax Payment: Second Half ($501.59) 2001 Iax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) 2001 Tax Payment: Second Half ($692.00) 1 11 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000866 10/14/2008 Parcel Detail Page 3 of 3 2002 || Tax Amount || $1,381.50| 2002 Tax Payment: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: First Half ($662.74) 2004 Tax Payment: Second Half ($662.74) 2005 Tax Amount $1,380.36 2005 Tax Payment: First Half ($690.18) 2005 Tax Payment: Second Half ($690.18) 2006 Tax Amount $1,439.04 2006 Tax Payment: First Half ($719.52) 2006 Tax Payment: Second Half ($719.52) 2007 Tax Amount $1,537.68 2007 Tax Payment: First Half ($768.84) 2007 Tax Payment: Second Half ($768.84) Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000866 10/14/2008 Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk&_Becorder Reception Search Basic Building CharÂ®teristics 1 Tax Information Parcel Detail I Yalug D-etail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R001115 273512471020 29.317 Owner Name and Address KENT STACEY TOMLINSON JAMES 100 E COOPER AVE ASPEN, CO 81611 Legal Description CONDO: DER BERGHOF UNIT:2 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 658,900 52,450 Total: 658,900 52,450 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001115 10/14/2008 Parcel Detail , Page 2 of 3 Sale Date: ||2/14/2005 | Sale Price: 550,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: GOOD MAINT Location Rating: TYP LOC Neighborhood: DER BERGI-1OF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: Whole ($736.78) 1998 Tax Amount $726.06 1998 Tax Payment: First Half ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $855.14 1999 Tax Payment: First Half ($427.57) 1999 Tax Payment: Second Half ($427.57) 2000 Tax Amount $957.46 2000 Tax Payment: First Half ($478.73) 2000 Tax Payment: Second Half ($478.73) 2001 Tax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) 2001 Tax Payment: Second I Ialf ($692.00) 1 11 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001115 10/14/2008 Parcel Detail Page 3 of 3 2002 || Tax Amount ~| $1,381.50| 2002 Tax Payment: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: Whole ($1,325.48) 2005 Tax Amount $1,380.36 2005 Fee Charge $24.75 2005 Fee Payment ($24.75) 2005 Interest Payment ($82.82) 2005 Tax Payment: Whole ($1,380.36) 2005 Interest Charge $82.82 2006 Tax Amount $1,439.04 2006 Tax Payment: First Half ($719.52) 2006 Tax Payment: Second Half ($719.52) 2007 Tax Amount $1,537.68 2007 Fax Payment: Whole ($1,537.68) Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. 1 lowever. Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www .pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001115 10/14/2008 Parcel I)etail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Properly Search I Assesso[ Subset Query I Assessor Sales_Se_arch Clerk & Recorder-Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000306 273512471013 29.317 Owner Name and Address NORRIS JOAN 3334 E COAST HWY PMB 145 CORONA DEL MAR, CA 92625 Legal Description CONDO: DER BERGIIOF UNIT:4 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 627,500 49,950 Total: 627,500 49,950 Sale Date: 12/1/1994 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000306 10/14/2008 Parcel Detail Page 2 of 3 Sale Price: ||222,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: BASE-GOOD Neighborhood: DER BERGHOF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: First Half ($368.39) 1997 Tax Payment: Second Half ($368.39) 1998 Tax Amount $726.06 1998 Tax Payment: First Ilalf ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $814.58 1999 Tax Payment: First Half ($407.29) 1999 Tax Payment: Second Half ($407.29) 2000 Tax Amount $912.04 2000 Tax Payment: First Half ($456.02) 2000 Tax Payment: Second Half ($456.02) 2001 Tax Amount $1,317.98 2001 Tax Payment: First Half ($658.99) 2001 Tax Payment: Second Half ($658.99) 2002 Tax Amount $1,315.60 1 11 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000306 10/14/2008 Parcel Detail Page 3 of 3 2002 || Tax Payment: First Half U (5657.80)~ 2002 Tax Payment: Second Half ($657.80) 2003 Tax Amount $1,247.28 2003 Tax Payment: First Half ($623.64) 2003 Tax Payment: Second Half ($623.64) 2004 Tax Amount $1,262.28 2004 Tax Payment: First Half ($631.14) 2004 Tax Payment: Second Half ($631.14) 2005 Tax Amount $1,314.54 2005 Tax Payment: First Half ($657.27) 2005 Tax Payment: Second Half ($657.27) 2006 Tax Amount $1,370.40 2006 fax Payment: First Half ($685.20) 2006 Tax Payment: Second Half ($685.20) 2007 Tax Amount $1,464.40 2007 Tax Payment: First Half ($732.20) 2007 Tax Payment: First Half ($732.20) 2007 Tax Payment: Second Half ($732.20) Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the in formation herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000306 10/14/2008 Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail I.and Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000966 273512471016 29.317 Owner Name and Address 11 DB LLC 603 S GARMISCH ASPEN, CO 81611 Legal Description CONDO: DER BERGHOF UNIT:11 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 797,600 63,490 Total: 797,600 63,490 Sale Date: 9/7/2007 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber==R.000966 10/14/2008 Parcel Detail Page 2 of 3 Sale Price: ~,500,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics TOP FLOOR AREA: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: EXC MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $852.44 1997 Tax Payment: Whole ($852.44) 1998 Tax Amount $840.02 1998 Tax Payment: First Half ($420.01) 1998 Tax Payment: Second Half ($420.01) 1999 Tax Amount $945.48 1999 Tax Payment: First Half ($472.74) 1999 Tax Payment: Second Half ($472.74) 2000 Tax Amount $1,058.62 2000 Tax Payment: First Half ($529.31) 2000 Tax Payment: Second Half ($529.31) 2001 Tax Amount $1,529.42 2001 Tax Payment: First Half ($764.71) 2001 Interest Payment ($15.29) 2001 Tax Payment: Second Half ($764.71) 1 11 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000966 10/14/2008 Parcel Detail Page 3 of 3 2001 ~ Interest Charge ~| $15.29| 2002 Tax Amount $1,526.64 2002 Tax Payment: First Half ($763.32) 2002 Tax Payment: Second Half ($763.32) 2003 Tax Amount $1,447.56 2003 Tax Payment: First nalf ($723.78) 2003 Tax Payment: Second Half ($723.78) 2004 Tax Amount $1,464.96 2004 Tax Payment: First Half ($732.48) 2004 Tax Payment: Second Half ($732.48) 2005 Tax Amount $1,525.60 2005 Tax Payment: First Half ($762.80) 2005 Tax Payment: Second Half ($762.80) 2006 Tax Amount $1,741.88 2006 Tax Payment: First LIalf ($870.94) 2006 Tax Payment: Second Half ($870.94) 2007 Tax Amount $1,861.32 2007 Tax Payment: Whole ($1,861.32) Top of Page Assessor Database Search Options I Treasurer Database Search Options Pitkin County Home Page 1 he Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright (Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000966 10/14/2008 Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R001319 273512471017 29.317 Owner Name and Address ROWLAND JOHN G BROUGHTON SARAH M PO BOX 552 ASPEN, CO 81612 Legal Description CONDO: DER BERGI IOF UNIT:3 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGIIOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 721,600 57,440 Total: 721,600 57,440 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001319 10/14/2008 Parcel Detail Page 2 of 3 Sale Date: ||3/9/2005 | Sale Price: 525,000 Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics FIRST FLOOR: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: EXC MAINT Location Rating: TYP LOC Neighborhood: DER BERGHOF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $736.78 1997 Tax Payment: First Half ($368.39) 1997 rax Payment: Second Half ($368.39) 1998 Tax Amount $726.06 1998 Tax Payment: First Half ($363.03) 1998 Tax Payment: Second Half ($363.03) 1999 Tax Amount $814.58 1999 Tax Payment: Whole ($814.58) 2000 Tax Amount $912.04 2000 Interest Charge $18.24 2000 Interest Payment ($18.24) 2000 Tax Payment: Whole ($912.04) 2001 Tax Amount $1,384.00 2001 Tax Payment: First Half ($692.00) Ill 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R001319 10/14/2008 Parcel Detail Page 3 of 3 2001 Il Tax Payment: Second Half || ($692.00)| 2002 Tax Amount $1,381.50 2002 Tax Payment: First Half ($690.75) 2002 Tax Payment: Second Half ($690.75) 2003 Tax Amount $1,309.74 2003 Tax Payment: First Half ($654.87) 2003 Tax Payment: Second Half ($654.87) 2004 Tax Amount $1,325.48 2004 Tax Payment: First Half ($662.74) 2004 Tax Payment: Second Half ($662.74) 2005 Tax Amount $1,380.36 2005 Tax Payment: Whole ($1,380.36) 2006 Tax Amount $1,575.92 2006 Tax Payment: First Half ($787.96) 2006 Tax Payment: Second Half ($787.96) 2007 Tax Amount $1,683.96 2007 Tax Payment: First Half ($841.98) 2007 Tax Payment: Second Half ($841.98) Top of_Page Assessor Database Search Options I Treasurer Database Search Options Ilitkin. Couity.-Home Bage The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R0013 19 10/14/2008 Parcel Detail Page 1 of 3 Pitkin County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Ouery I Assessor Sales Search Clerk & Recorder Reception Se_arch Basic Building Characteristics I Tax_Informatign Parcel Detail I Yalue Iktail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs Tax Area Account Number Parcel Number 2007 Mill Levy 001 R000230 273512471012 29.317 Owner Name and Address CASA KESS LLC 100 E COOPER AVE #12 ASPEN, CO 81611 Legal Description CONDO: DER BERGHOF UNIT:12 Location Physical Address: 100 E COOPER AVE ASPEN Subdivision: DER BERGHOF Land Acres: 0 Land Sq Ft: 0 2008 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 554,800 44,160 Total: 554,800 44,160 Sale Date: 10/3/1990 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000230 10/14/2008 Parcel Detail Page 2 of 3 Sale Price: ~169,000 Basic Building Characteristics Number of Residentia' 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics TOP FLOOR AREA: 800 Total Heated Area: 800 Actual Year Built: 1962 Bedrooms: 1 Baths: 1 Finish Quality: DEFERMAINT Location Rating: TYP LOC Neighborhood: DER BERGIIOF Super Nbhd: ASPEN CONDOS Tax Information Tax Year Transaction Type Amount 1997 Tax Amount $813.04 1997 Tax Payment: Whole ($813.04) 1998 Tax Amount $801.22 1998 Tax Payment: Whole ($801.22) 1999 Tax Amount $900.18 1999 Tax Payment: Whole ($900.18) 2000 Tax Amount $1,007.88 2000 Tax Payment: Whole ($1,007.88) 2001 Tax Amount $1,165.44 2001 Tax Payment: Whole ($1,165.44) 2002 Tax Amount $1,163.32 2002 Tax Payment: Whole ($1,151.69) 2002 Interest Charge $11.63 2002 Interest Payment ($11.63) 2002 Tax Payment: Whole ($11.63) 1 11 11 1 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000230 10/14/2008 Parcel Detail Page 3 of 3 2003 || Tax Amount || $1,102.86| 2003 Tax Payment: Whole ($1,102.86) 2004 Tax Amount $1,116.12 2004 Tax Payment: Whole ($1,116.12) 2005 Fax Amount $1,162.32 2005 Tax Payment: Whole ($1,162.32) 2006 Tax Amount $1,211.72 2006 Tax Payment: Whole ($1,211.72) 2007 Tax Amount $1,294.64 2007 Interest Payment ($12.95) 2007 Tax Payment: Whole ($1,294.64) 2007 Interest Charge $12.95 Top of.PagÂ¢ Assessor_Database_Search Options I Treasurer Database Search Options Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any o f the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good -lurns_S_oftware. http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R000230 10/14/2008 THE CITY OF ASPEN Land Use Application Determination of Completeness Date: 10/1/08,2008 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0039.2008.ASLU (100 E. Cooper - Residential Design Variances). The planner assigned to this case is Errin Evans. 3 Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ~ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. ThyleÂ·You, flwh .944 1.--- JET[nifer Pl@Wn, Deputy Director City o f Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Land Use Cases\Completeness Letter Land Use.doc