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HomeMy WebLinkAboutcoa.lu.ec.309-311 W North St.0081.2007~.. ., THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER PARCEL ID NUMBER PROJECTS ADDRESS PLANNER CASE DESCRIPTION REPRESENTATIVE DATE OF FINAL ACTION 0081.2007.ASLU 2735-124-16-001 309 AND 311 WEST NORTH STREET BEN GANGON /JENNIFER PHELAN SUBDIVISION EXEMPTION PAUL J.TADDUNE,ESO ~Z9 ~ ~ 07 X15 CLOSED BY ,Angela Scorey on 03/03/2009 .~, & Edt flamd Nae§are fpm pePmla format Lab tleb v ,;; sX a i,~ ~ G.'AJ _3 ~, ~~ M 1 > N z"1. aJ t aem 1 ~ N k) g Mm~Cwlon FpMF YeLmlm,Pecq~ 9avn Fro sunney lsW Cenrb Laad4om gwlrq HaLmY Feq. ', '. Panty iKa PmNp 1.300)FSLU ~_ Aaaeu wxogm si J AWSae~ p y Cib~ PEN SMIe [0 ~ 7jp 01611 6 Panty iNameuon _.. _. _. F. F f MW Pnrtt~J gglrgqyeue~ ~- ggiey 12~20120W J gg l PLaanr _J s1an,. ~ eonewea r-J • i' Deaeanon SUBDMBIDN Ek£MPiION laved ~J Fiml ~J Submbed PAUL iADDUNE Cock Nuaig Oyar 0 Eigiet 13123~2WB J Ovemr-. _... ._.. _. _.. .. .... Lap Name Loa fMMllLV mUOi J Fvn Name ~~-- (~ ter- I '.. r Oran bAppkar3i _. ADGE~i _. _ LeM Nmre LOCe FM9LV 10.U5i M,5`~ FA Name 311 WNORiH Si Fbme~ Cupp l 20033 ~ SPEN [081611 _ Lerder _ _... LavNm~J fin Nare~ ~ PFae M hnvmbm _.... ~~ ~~ ~ ~~~ ° ~ ~S 2.25 ^. ti..' LAW OFFICES OF PAUL J. TADDUNE, P.C. PAUL ]. TADDUNE. 323 WEST 1~4AIN STREET, SUITE 301 ASPEN, COLORADO 81611 TELEPHONE (970) 925-9190 TELEPAX (970) 925-9199 INTERNET: taddune@compuserve.com December 28, 2007 Chris Bendon, Director Jennifer Phelan, Planner Aspen Community Development Department 130 South Galena Street, Third Floor Aspen, CO 81611 AFFILIATED OPPIGE FOWLER, SCHIMBERG & FLANAGAN, BC. 1640 GRANT STREET, SUITE 300 DENVER, COLORADO H0203 TELEPHONE (303) 298-8603 TELEPAX (303) 298-8748 Re: Condominium Application for the Block Condominiums 309 and 311 West North Street, Aspen, Colorado Dear Chris and Jennifer: Infollow-up to mypre-application conference with Jennifer on Mazch 26, 2007, please accept this letter and the enclosed materials as an application for condominiumization of a duplex located on Lots 3, 4 and the west''/Z of Lot 5, Hallam's Addition, located at 309 and 311 West North Street. The property is owned by the Block Family Trust, the Trustees are Dr. Steven M. Block, 803 Bayview Way, Redwood City, CA 94062-3912 and his sister, Gail Block, 6699 Dume Drive, Malibu, CA 90265-4220. Dr. Block and Gail Block are the children of Dr. Martin Block and Beate Block, who are the current residents. Submitted herewith aze an original and two copies of the following: City of Aspen Development Application Proposed Condominium Map of Block Condominiums The name, address, telephone number of the surveyor are as follows: Surveyor: Tuttle Surveying Services Attn: Jeffrey Allen Tuttle 226 Heather Lane Glenwood Springs, CO 81601 Tel. No.: 970-928-9708 /Fax No.: 970-947-9007 APPLICANT: ATTACHMENT 2 -LAND USE APPLICATION Name: The Block Family Trust U/T/A Februarv 10, 1994 Location: 309and 311 West North Street, Aspen, Colorado 81611 (Indicate street address, lot & block number, legal description where appropriate) Pazcel ID # (REQUIRED) 273512416002 REPRESENTATIVE: Name: Paul J. Taddune, Esq. Address: 323 West Main Street, #301, Aspen, Colorado 81611 Phone #: 970-925-9190 LJ ~ /' ~ PROJECT: J C F~-I-I)l~) ~~-- JC.. -f"~~ Name: The Block Condominiums Address: 311 West North Street, Aspen, Colorado 81611 Phone #: 970-925-7743 TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development ^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^x Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ^ Lot Split ^ Temporary Use ^ Other: ^ Lot Line Ad'ustment ^ Text/Ma Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Existing Historically Designated Duplex PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumize existing structure Have you attached the following? FEES DUE: $ 705.00 ^x Pre-Application Conference Summary ® Attachment #1, Signed Fee Agreement ^x Response to Attachment #3, Dimensional Requirements Form ^x Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standazds All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. i^ ,.... CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafterClTY)and The Block Family Trust U/T/A February 10. 1994 (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for condominiumization of existing duplex to be known as The Block Condominiums (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that CiTy of Aspen Ordinance No. 57 (Series of 2000) establishes afee structure for Land Use applications and the payment of all processing fees is a condition precedent [o 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 [heir 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 aze incursed. 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 $ which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $235.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds For suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT T1 / S~flcJ21N 1j lbCfc' Chris Bendon Community Development Director Date: 1. L ~ Z ~- ~ ~ ~ ° k Bill To Mailing Address and Telephone Number: Dr. Steven M. Block and Gail Block c/o Martin and Beate Block 311 West North Street Aspen, CO 81611 970-925-7743 Chris Bendon, Director Jennifer Phelan, Planner Aspen Community Development Department December 28, 2007 Page 2 Certificate of Ownership ~ Agreement for Payment of City of Aspen Development Application Fees "Draft" Declaration of Covenants for the Block Condominiums "Draft" Articles of Incorporation of the Block Condominiums Homeowners Association, Inc. ~ "Draft" Bylaws of Block Condominiums Homeowners Association, Inc. This Application complies with the requirements of Section 26.480.090 of the City of Aspen Land Use Code. Also enclosed is a check in the amount of $705.00 to cover the initial processing fees. By their signature below, Steven M. Block and Gail Block, as Trustees of the Block Family Trust, authorize the submission of this application on their behalf. Please feel free to call with any questions. Very truly yours, PAUL J. TADDUNE, P.C. ~~ Paul J. Taddune v Chris Bendon, Director Jennifer Phelan, Planner Aspen Community Development Department December 28, 2007 Page 3 Steven M. Block and Gail Block, as Trustees ofthe Block Family Trust, the owner of Lots 3, 4 and the west '/z of Lot 5, Hallam's Addition, City of Aspen, County of Pitkin, Colorado, hereby authorize the submission of the above referenced application to condominiumize the existing duplex on the property and hereby authorize our attorney, Paul J. Taddune, to submit the enclosed application on behalf of the Block Family Trust. THE BLOCK FAMILY TRUST Steven M. Block, Trustee ~~z; Date By: Gail Block, Trustee Date P1T: nwt ce: Dc and Mrs. Martin Block Dr. Steven M. Block Gail Block Enclosures lz~Z~"!c' ~- C:\wp\P1TLetters\Block.to Bendoo and Phelan.11.29.07.wpd .~ ~... ATTACHMENT3 DIMENSIONAL REQUIREMENTS FORM PiOjeet: The Block Condominiums Applicant: The Block Family Trust U/T/A February 10, 1994 LOCatlOn: 309 and 311 West North Street, Aspen, Colorado Zone District: R-6 Medium Density Residential Lot Size: 7,500 square feet Lot Area: 7 , 500 square feet (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 defmition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.• N/A Proposed: Number of residential units: Existing.• 2 Proposed: Number of bedrooms: Existing: Propased.• Proposed % of demolition (Historic properties only): N/A DIMENSIONS: See proposed condominium map Floor Area: Existing.• Allowable: Proposed: Principal bldg. height: Existing.• Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed: On-Site parking: Existing: Required.• Proposed.• Site coverage: Existing: Required.• Proposed.• Open Space: Existing.• Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing: Required.• Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing: Required: Proposed: Combined Sides: Existing: Required: Proposed: Distance Between Existing Required: Proposed: Buildings Existing non-conformities or encroachments: See proposed condominium map Variations requested: To: Paul Tad~une Page 2 of 11 ~+"^, \/ 2007-10.17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen ALTA Commitment (6/17/06) ALTA Commitment Form COMMTTMENT FOR TITLE INSURANCE Issucd by ~stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject [o the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Comrnitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This corTUnitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. 1N WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and sea] to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: ~~~ Stewart Titfe of Colorado Ina -Aspen Division 620 Iasc IIopkins Avenue Aspeu, Colorado 81611 Phone Number. (9701925-"s5?? ALTA Commitmem (6/17/(16) stewart ~• title guaranty company ~. w .'-„° f`- ~ 'til ,~7 .... ~ )!jj rid. _.;, !/bare- SeniorGhairmen of the eoerd Chairman of the Board ~~~~~ Prasidenl eceive,tl Time Oct To:. aul Taddune Page 3 of 11 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen ._•~. /"\ `~.r+ CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Loured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Conunillnent other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, [he Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect; lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only [o the named proposed Insured and such parties included wider the definition of Ltsured in the form of policy or policies conunitted for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acyuire or create the estate or interest or mortgage thereon covered by this Comnlihnent. In no event shall such liability exceed the amount stated in Schedule A for [he policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commtment except as expressly modified herein. 4. This Conuttittnent is a contract to issue one or more title insurance policies attd is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to he issued contains an arhitration clau,ce. Al[ arbitrable matters when the Amnunt of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured ar the esclurive rerned}~ of the parties. You may review a copy of the arbitration rules at< http://n n~w.alta.nr°/>. stewart title guaranty company All notices required [o he given the Company and any statement in writing required to he tarnished the Company shall be addressed [o it at P.O. Box 2029, Houston, Texas 77252. Received Time Oct•17. 12~14PM To: F'aul Taddune Page 4 of 11 ~ 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Tille of Aspen '~,a/ 1. Effective Date: at 3:00 a.m. 2. Policy or Policies To Be Issued: (a) A. L.T.A. Owner's To Be Determined (h) A.L.T.A. Loan Order No.: 4bb21 Amount of Insurance 3. The estate or interest in the land described or referred to in this Cotntnitment and covered herein is: Fee Shnple 4. Tirle to the Fee Simple estate or interest in said land is at the effective date hereof vested in: Martin M. Block and Beate S. Block as Trustees of the Block Family Trust dated February l0, 1994 as to an undivided 56.5% interest, and The Block Family Trust as to an undivided 44.5% interest 5. The land referred to in this Comtnitment is described as follows: Lots 3, 4, and the West one-half (t/z) of Lot 5, Block 40, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, County of Pitkin, State of Colorado Purported Address: X11 WNorthSt. Aspen, Colorado 81611 ONer IVU.: 461? 1 AL'1 A Conur»LLnenl (6/ I7/(IG) -Schedule- A Yage I of I COMMITMENT FOR TITLE INSURANCE SCHEDULE A STATEMENT OF CHARGES These charges are due and payable before a Policy can he issued: To Be Determined ~stewart ti[le guaranty company n ,. ,, ,, 1,~,.A T;m,, ll~+ 17 19.1 A011 To: Paul Taddune Page 5 of 11 ~ ~ 2007-tb17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen .i COMMITMENT FOR TTTLE INSURANCE SCHEDULE B -Section I REQUIREMENTS Order Number: 46621 The following are the requirements to be. complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record: 3. Evidence satisfactory to Stewart Title of Colorado, evidencing the payment of the Affordable Housing Impact Fee Deferral Fee as required by Agreement recorded February ??, 1993 in Book 704 at Page 114 as Reception No. 354165. 4. Statement of Authority for the Block Family Trust dated February 10, 1994 pursuantto the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and Che state, c-ountry, or other govemmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveying, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. 5. Statement of Authority for The Block Family Tmst pursuant to the provisions of Section 38-30-172 C.R.S., and must contain the following: (a) The name of the entity; (b) The type of entity and the state, country, or other govemmental authority under whose laws it was formed; (c) A mailing address for the entity; and (d) The name or positions of the person authorized to execute instruments conveyine, encumbering, or other wise affecting title to real property on behalf of the entity, and any limitations that may exist upon the authority of the person named. Ord er No.: 4(ifi^_ 1 ALTA Conuuimrem (6/I7/06)-Schedule B Pagc f oft ~stewart title guaranty company n ,. ,. ..:., ,.a r;.. ,. n„~ n io•innti To:'Paul Taddune Page 6 of 11 * 2007-10.17 17:04:17 (GMT) 1866 1280291 From: Stewart Title of Aspen ~, r 6. Evidence satisfactory to Stewart Tide Guaranty Company, furnished by [he Office of the Director of Finance, City of Aspen, that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant to Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 7. Deed from vested owner, vesting fee simple title in purchaser(s). 8. Indemnity and Affidavit as to Debts, Liens and Leases, duly executed by the seller and buyer and approved by Stewart Title of Colorado, lnc. Improvement Survey of the subject property, completed in the last six months approved by Stewart Title of Aspen, Inc., this survey is to be retained in the files of Stewart Title of Aspen, Inc, and Stewart Title of Aspen, lnc. reserves the right to add further requirements and/or exceptions to this convuitment upon receipt of said survey. order N(1.: 46(121 AL'rA Cunmuunem lfi/17/ofi)-ScheduleB l Pagc 2 of 2 stewart dlle guaranty company Received Time Oct•l1. 12:14PM To: Paul Tad~une Page 7 of 11 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen ~'~ V..,A ' COMMITMENT FOR TITLE INSURANCE SCHEDULE B -Section 2 EXCEPTIONS Order Number: 46621 The policy or policies to be insured 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Detects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing 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. Unpaten[ed mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, loll conservation or other district or inclusion in any water service or street improvement area. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded in Book 55 at Page 02. 10. Exceptions and reservations as se[ forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 11. Easement A~~ Bement as set forth in instrument recorded December 11, 1986 in Book 525 at Page 20 as Reception No. 284019. 12. Ordinance No. 79 (Series of 1992) An Ordinance Designating 311 West North Street as "H" Historic Landmark Pursuant to Division 7, Section 7-701 of Chapter 24 of the Municipal Code as order rv~.: 4eez 1 _ ~v vu~ AL"1 A Conmuune¢r I h/ l7/06) - Schell ule B 2 Yuge I of Z -title guaranty company Received Time Oct•17. 12:14PM To: Paul Tad~une Page 8 of 11 2007-1D-17 17:04:17 (GMT) ^_,~ 18667280291 From: Stewart Title of Aspen /'^~ ~; ~~ J set forth in insttUment recorded March 5, 1993 in Book 705 at Page 281 as Reception No. 354576. NOTE: Colorado Division of htsurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for a]] matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or tiling of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Aspen, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Policy when issued. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 2006 Policy form. Copies of the 2006 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. oreertv~.: aeeu ALTA Cumnuwienc (6/17/OG)-ScheUUle B 2 Yugo 2 ul' 2 - ~ -title guaranty company Received Tlme Oct•11. 12:14PM To: Paul Taddune Page 9 of 11 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen ' /^'~ / ' DISCLOSURES Order Number: 16(21 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that A. The subject real property may he located in a special taxing disvict B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county veasurer or the county treasures s authorized agenr, C. Information regarding special districts and the boundaries of such districts may be obtained from [hc boztrd of county cormnissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) reyuires tha['Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or tiling of legal documents resulting from the vansaction which was closed.° Provided that Seew'art Titte of Colorado Inc. -Aspen Division conducts the closing of the insured transaction and is responsible for recording the legal documents from [hc transaction, exception number 5 will nut appear on the Owner's Title Puticy and the Lcndcr's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Cotmnitment from the Owner's Policy to be issued) upon compliance with [he following conditions: A. The land described in Schedule A of this cotmnitment must he a sinule-family residence, which includes a condonunimn or townhouse unit. B. No labor or ma[cri.ds have been fianishcd by mcchxnics or matcriahncn fur purposes of construction on the lewd described in Schedule A of this Cormnittncnt within [hc past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Cartparry against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appmpriate premium. E If there has been cons(mction, improvements or major repairs undertaken on the property to be purchased, within six months prior W the DaW of d1c Cormni4ncn[, the rcquircmcnts to obtain covcnlgc for unrecorded lints will inchtdc: disclosttrc of ccrtetin construction information; financial infonnxtion as to the seller, the builder antUor the contractor, payment of the appropriate prcrniwn; fully executed Indemnity agreements satisfac Wry to the company; and, any additional requirements as nasty be necessary after an exauvnatlon of the aforesaid infonnxtion by the Company. No coverage will be given under any circumstances for labor or material for wtvch the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third parry holds some or all interest in oil, gas, other tninerals, or geothermal energy in [he property; and B. That such tnineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner s policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDTiTONS ARE FULLY SATISFIED. grder No. }6G21 $lewun Title ol'Colorado Ice. - Asper llivisiou lludusures Received Time Oct•I7. 12 14PM To: Paul Taddune Page 10 of 11 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen /"~ Mw.' EXHIBIT 2 Stewart Title of Colorado Inc. -Aspen Division. PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title of Colorado Inc. -Aspen Division. We may collect nonpublic personal infornation about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files, or t}om our affiliates or otherti. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or ]ender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have .joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: 3fi(r21 Stzwan'11dz of Colorado Ire. - ASViC Ui~~isiuu Yn vacy Yolicy Notice Yage 1 v( 1 Received Time Oct.l1. 12:14PM To: Paul Taddune Page 11 of 11 2007-10-17 17:04:17 (GMT) 18667280291 From: Stewart Title of Aspen !"°` ~~ EXHIBIT 1 Stewart Title Guaranty Company PRIVACY POLICY NOTICE PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our tiles, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information [hat we collect about our customers or former customers to our affiliates or to nonaf5lia[ed third parties as permitted bylaw. We also may disclose this information about our customers or former customers to the following typex of nonaffiliated companiex that perform marketing services on our behalf or with whom we have joint marketing agreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope sniffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know [ha[ information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Number: -16621 Steu-vn'1 iLLa of Colorado lr:c. -Aspen Ui~~ision Yri vacy Yulicy Nulice Yage 1 of 1 Received Tlme Oot•11. 12.14PM r. -^~ ~... ARTICLES OF INCORPORATION BLOCK CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. Know All Men by These Presents: That the undersigned incorporator, being a natural person over the age of eighteen (18) yeazs or more, and desiring to form a nonprofit corporation under the laws of the State of Colorado, does hereby sign, verify and deliver in duplicate to the Secretary of State of the State of Colorado these Articles of Incorporation. ARTICLE I Name The name of the corporation shall be the Block Condominiums Homeowners Association, Inc. ARTICLE II Period of Duration This corporation shall exist perpetually unless dissolved according to law. ARTICLE III Purpose, Activities and Definitions The corporation is organized exclusively for the purpose of constituting the Association to which reference is made in the Block Condominiums Declaration of Covenants, and any modifications thereto for Block Condominiums ("Declaration"), to be recorded in the records of the Clerk and Recorder of Pitkin County, Colorado, and to perform all obligations and duties of the Association and to exercise all rights and powers of the Association. The corporation will not engage in any regulaz business ordinarily carved on for profit. Activities of the corporation shall be to provide an entity for the furtherance of the interests of al] the Owners of condominium units in the Block Condominiums, with the objective of establishing and maintaining it as a highly desirable residential azea and protecting its value, desirability and attractiveness. Terms used in these articles are defined by the Declaration, and any modifications thereto, to be recorded in the records of the Clerk and Recorder of Pitkin County, Colorado. In furtherance of the purpose and activity set forth in this Article III, the corporation shall have and may exercise all of the rights, powers, and privileges now or hereafter conferred upon corporations organized under and pursuant to the Colorado Nonprofit Corporation Act. ,~, - , ~~. ARTICLE IV No Private Benefit No part of the net earnings of the corporation shall inure to the benefit of or be distributable to the members, managers, or officers of the corporation, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered to it and to make payments and distributions in furtherance of the purposes set forth in Article III hereof. ARTICLE V Powers In furtherance of its purposes, the corporation shall have all of the powers confen'ed upon Colorado corporations not for profit in effect from time to time, including all of the powers necessary or desirable to perform the obligations and duties, and to exercise the rights and powers of the corporation Lmder the Declaration which will include, but shall not be limited to, the following: 1. To make and to collect assessments against members of the Association for the purposes of payment of the Common Expenses (including the expenses incurred in exercising its powers or performing its functions); 2. To manage, control, operate, maintain, repair, improve and enlarge the General Common elements; 3. To enforce the terms, covenants, restrictions, conditions, uses, limitations and obligations set forth under the Declaration and Bylaws, and to make and enforce rules as provided therein; 4. To engage in activities which will actively foster, promote and advance the interests of all of the Owners of condominium units; 5. To hire a Manager, if one is needed, who shall exercise those duties and powers granted to him by the Boazd of Directors, but not those powers which the Board, by law, may not delegate. ARTICLE VI Distribution of Assets Upon Dissolution Upon dissolution of the corporation, the Boazd of Directors shall provide for the distribution of all assets and liabilities of the corporation in the following manner: 1. All liabilities and obligations of the corporation shall be paid and dischatged, or adequate provisions shall be made therefor. p. .r +M 2. Assets held by the corporation on condition requiring return, transfer, or conveyance, which condition occurs by reason of the dissolution, shall be returned, transferred, or conveyed in accordance wiih such requirement. 3. Assets received and held by the corporation, subject to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational, or similaz purposes, but not held upon a condition requiring return, transfer, or conveyance by reason of the dissolution shall be transferred or conveyed to one or more domestic or foreign corporations, societies, or organizations engaged in activities similar to those of this corporation, in accordance with a plan of distribution adopted pursuant to the Colorado Nonprofit Corporation Act which is not inconsistent with these Articles of Incorporation. 4. Assets received and held by the corporation not subject to liabilities, conditions or use limitations, as specified in paragraphs 1, 2 and 3 above, shall be distributed to the Owners of condominium units pro rata. 5. Any remaining assets maybe distributed to such persons, societies, organizations, governmental entities, political subdivisions, or domestic or foreign corporations, whether for profit or nonprofit, as maybe specified in a plan of distribution adopted pursuant to the Colorado Nonprofit Corporation Act and which is not inconsistent with these Articles of Incorporation. ARTICLE VII Members and Voting The rights and qualifications and voting of members shall be as follows: any person who holds title to a condominium unit shall be a member of the Association. There shall be one membership for each condominium unit in Block Condominiums. This membership shall be automatically transferred upon the conveyance of a condominium unit. Voting shall be one vote per condominium unit. If a condominium unit is owned by more than one person, those persons shall agree among themselves how a vote for that condominium unit's membership shall be cast. Individual co-owners may not cast fractional votes. A vote by a co-owner for the entire condominium unit's membership interest shall be deemed pursuant to a valid proxy, unless another co-owner of the condominium unit objects at the time the vote is cast, in which case such membership's vote shall not be counted. ARTICLE VIII Registered Office and Agent The initial and principal registered office of the corporation shall be at 311 West North Street, Aspen, Colorado, 81611, and the named initial registered agent at such address is Martin Block. The mailing address shall be: 311 West North Street. Either the registered office or the registered agent maybe changed in the manner provided bylaw. ., y ARTICLE IX Initial Board of Directors The initial Board of Directors of the corporation shall consist of two (2) Directors, and the names and addresses of the persons who shall serve as managers until the first annual meeting of the members or until their successors are elected and qualified are as follows: Name Address Martin Block 311 West North Street Aspen, CO 81611 Beate Block 311 West North Street Aspen, CO 81611 Thereafter, directors shall be elected or appointed in the manmer and far the terms provided in the Bylaws. ARTICLE X Officers The Board of Directors shall elect annually aPresident, aSecretary/Treasurer and such other officers as the Board believes will be in the best interest of the Association. The officers shall have such duties as may be prescribed in the Declaration or Bylaws of the Association and shall hold office at the pleasure of the Board of Directors. ARTICLE XI Conveyances and Encumbrances Upon written authority of all of the Members, corporate property maybe conveyed or encumbered by the Board of Directors or by such person or persons to whom such authority may be delegated by resolution of the Board. Conveyances or encumbrances shall be by an instrument executed by the President and by the Secretary/Treasurer, or executed by such other person or persons to whom such authority may be delegated by the Board. ARTICLE XII Amendments Amendments to these Articles of Incorporation shall be adopted, if at all, in the manner set forth in the Declaration and the Bylaws; provided, however, that no amendment to these Articles of Incorporation shall be contrary to or inconsistent with the provisions of the Declaration. r~ ~,, ARTICLE XIII Project Manager The Association may obtain and pay for the services of a person, persons or entity as Manager to administer and manage its affairs and be responsible for the operation, maintenance, repair and improvement of the General Common Elements and all of the exterior portions of the improvements and to keep the same in good, attractive and sanitary condition, order and repair. ARTICLE XIV Indemnification 1. The corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the corporation), by reason of the fact that he is or was a manager, officer, project manager, employee, fiduciary or agent of the corporation or is or was serving at the request of the corporation as a manager, project manager, officer, employee, fiduciary or agent of another corporation, partnership, joint venhire, trust, or other enterprise, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit, or proceeding, if he acted in good faith and in a manner he reasonably believed to be in the best interests of the corporation and; with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawfiil. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contendere or its equivalent shall not of itself create a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in the best interests of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe his conduct was unlawful. 2. The corporation may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fact that he is or was a manager, officer, prof ect manager, employee, fiduciary or agent of the corporation or is or was serving at the request of the corporation as a manager, project manager, officer, employee, fiduciary or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attomeys' fees) actually and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and in a manner he reasonably believed to be in the best interest of the corporation; but no indemnification shall be made in respect of any claim, issue, or matter as to which such person has been adjudged to be liable for negligence or misconduct in the performance of his duty to the corporation unless and only to the extent that the court in which such action or suit was brought determines upon application that, despite the adjudication of liability, but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnification for such expenses which such court deems proper. 3. To the extent that a director, officer, employee, fiduciary or agent of a corporation has been successful on the merits in defense of any action, suit, or proceeding 5 4 r ~. / referred to in paragraphs 1 or 2 of this Article XIV or in defense of any claim, issue, or matter therein, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith. 4. Any indemnification under paragraphs 1 or 2 of this Article XIV (unless ordered by a court) and as distinguished from paragraph 3 of this Article shall be made by the. corporation only as authorized in the specific case upon a determination that indemnification of the manager, officer, employee, fiduciary or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in paragraphs 1 or 2 above. 5. Expenses, inchiding attorney's fees, incurred in defending a civil or criminal action, suit, or proceeding maybe paid by the corporation in advance of the final disposition of such action, suit, or proceeding as authorized in pazagraphs 3 or 4 of this Article XIV upon receipt of an undertaking by or on behalf of the director, officer, employee, fiduciary or agent to repay such amount unless it is ultimately determined that he is entitled to be indemnified by the corporation as authorized in this Article XIV. 6. The indemnification provided by this Article XN shall not be deemed exclusive of any other rights to which those indemnfied maybe entitled under any bylaw, agreement, or vote of members or otherwise, and any procedure provided for by any of the foregoing, both as to action in his official capacity and as to action in another capacity while holding such office, and shall continue as to a person who has ceased to be a director, officer, project manager, employee, fiduciary or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liabiliiy asserted against him and incurred by him in any such capacity or arising out of his status as such, whether or not the corporation would have the power to indemnify him against such liability under provisions of this Article XIV. ARTICLE XV General This corporation is one which does not contemplate pecuniary gain or profit to the members thereof and is organized for nonprofit purposes. ARTICLE XVI Incorporator The name and address of the incorporator is as follows: Martin Block 311 West North Street Aspen, CO 81611 ,~~ -~ ~,.,, ..i TN WITNESS WHEREOF, the above named incorporator signed these Articles of Incorporation on , 2007. Martin Block Incorporator CONSENT OF REGISTERED AGENT I hereby consent to my appointment as initial Registered Agent of the Corporation in the foregoing Articles of Incorporation. Martin Block Registered Agent STATE OF COLORADO ) > ss. COUNTY OF PITKIN ) The foregoing Articles of Incorporation were signed and sworn to before me by Martin Block, as Incorporator and as initial Registered Agent, on this day of .2007. Witness my hand and official seal. Niy commission expires: Notary Public P:\wp\PJT\CORP\Block.Contlominiumc HOA.Art.oi Incorp.revised.9.26.06.. Word.doc ~,., ,. BYI,Aws OF BLOCK CONDOMINIUMS HOMEOWNERS ASSOCIATION, INC. ARTICLE 1 INTRODUCTION These are the Bylaws of Block Condominiums Homeowners Association, Inc. (hereinafter referred to as "Block Condominiums"), which shall operate under the Colorado Nonprofit Corporation Act, as amended. ARTICLE 2 BOARD OF DIRECTORS 2.1 Number and Qualification--Termination of Declarant Control. (a) The affairs of Block Condominiums shall be governed by a Board of Directors which, until the termination ofthe period ofDeclazant control, shall consist oftwo (2) persons. The owner of Unit 1 shall be entitled to elect one director and the owner of Unit 2 shall be entitled to elect one director. If any Unit is owned by a partnership or corporation, any officer, partner or employee of that Unit shall be eligible to serve as a Director. Directors shall be elected by Unit Owners, except for those appointed by the Declazant. At any meeting at which Directors are to be elected, the residential site and unit owners may, by resolution, adopt specific procedures which are not inconsistent with these Bylaws or the Colorado Nonprofit Corporation Act for conducting the elections. (b) The Board of Directors ("Board") shall elect the officers of the Association. The Directors and officers shall take office upon election. 2.2 Powers and Duties. The Board may act in all instances on behalf of the Association, except as provided in the Declaration and these Bylaws. The Board shall have, subject to the limitations contained in the Declaration, the powers and duties necessary for the administration of the affairs of the Association and of Block Condominiums, including the following powers and duties: (a) Adopt and amend Bylaws and Rules and Regulations; (b) Adopt and amend budgets for revenues, expenditures and reserves; (c) Collect assessments for common expenses from residential site and unit owners; (d) Hire and discharge managing agents; ,.~-, -. ~~ (e) Hire and discharge employees, independent contractors and agents other than managing agents; (f) Institute, defend or intervene in litigation or administrative proceedings or seek injunctive relief for violations of the Association's Declazation, Bylaws or Rules in the Association's name, on behalf of the Association or Unit owners on matters affecting Block Condominiums; (g) Make contracts and incur liabilities; (h) Regulate the use, maintenance, repair, replacement and modification of Common Elements; (i) Cause additional improvements to be made as a part of the Common Elements; (j) Acquire, hold, encumber and convey, in the Association's name, any right, title or interest to real estate or personal property, but Common Elements may be conveyed or subjected to a security interest only by the unanimous written consent of the Owners of Unit 1 and Unit 2; (k) Grant easements for any period of time, including permanent easements, and grant leases and licenses through or over the Common Elements; (1) Impose and receive a payment, fee or charge for services provided to residential site and unit owners; (m) Impose areasonable chazge for late payment of assessments and, after notice and hearing, levy a reasonable fine for a violation of the Declaration, Bylaws, Rules and Regulations of the Association; (n) Impose a reasonable charge for the preparation and recording of amendments to the Declazation or statements of unpaid assessments; (o) Provide for the indemnification ofthe Association's officers and the Board and maintain Directors' and officers' liability insurance; (p) Exercise any other powers conferred by the Declaration or Bylaws; (q) Exercise any power that may be exercised in the state by a legal entity of the same type as the Association; and 2 .~. <, f~ (r) Exerciseanyotherpowernecessaryandproperforthegovernanceand operation of the Association. 2.3 Manager. The Board may employ a Manager for Block Condominiums, at a compensation established by the Board, to perform duties and services authorized by the Board. The Board may delegate to the Manager only the powers granted to the Board by these Bylaws under Section 2.2, Subdivisions (c), (e), (g) and (h). Licenses and contracts may be executed by the Manager pursuant to specific resolutions of the Board and to fulfill the requirements of the budget. 2.4 Removal of Directors Vacancies. A director may only be removed and replaced by the owner of the Unit designated with the ability to elect such director. 2.5 Regular Meetings. The first regular meeting of the Board following each annual meeting of the Unit owners shall be held after the annual meeting. 2.6 Special Meetings. Special meetings of the Board may be called by any director on at least three (3) business days' notice to each Director. The Notice shall be hand delivered or mailed and shall state the time, place and purpose of the meeting. 2.7 Location of Meetings. All meetings of the Board shall be held within Pitkin County, Colorado, unless all Directors consent in writing to another location. 2.8 Waiver of Notice. Any Director may waive notice of any meeting in writing. Attendance by a Director at any meeting of the Board shall constitute a waiver of notice unless such attendance is specifically to object to such notice. If all the Directors are present at any meeting, no notice shall be required, and any business maybe transacted at such meeting. 2.9 Quorum of Directors. At all meetings of the Board, all Directors shall constitute a quorum for the transaction of business, and all the votes shall be unanimous. 2.10 Consent to Corporate Action. If all the Directors consent in writing to any action taken or to be taken by the Association, that action shall be a valid corporate action as though it had been authorized at a meeting of the Board or the committee, as the case maybe. The secretary shall file these consents with the minutes of the meetings of the Board. 2.11 Telephone Communication in Lieu of Attendance. A Director may attend a meeting of the Board by using an electronic or telephonic communication method. ARTICLE 3 MEETING OF MEMBERS 3.1 Annual Meeting. Annual meetings of members of the Association shall be held in Pitkin County, Colorado, during the month of January of each year at such date set forth in 3 ~ ~ \ 4 / 4 .iY the notice or at such other time or place agreed to in writing by all the Directors. At these meetings, the Directors shall be appointed, in accordance with the provisions of Article 2 of the Bylaws. The members may transact other business as may properly come before them at these meetings. 3.2 Budget Meeting. Meetings of members to consider proposed budgets shall be called in accordance with the Act. The budget may be considered at Annual or Special Meetings called for other purposes as well. 33 Special Meetings. Special meetings of the Association may be called by any member of the Board. 3.4 Place of Meetings. Meetings of the members shall be held in Pitkin County, Colorado, at a suitable place convenient to members, as maybe designated by the Board, or at such other time or place agreed to in writing by the Directors. 3.5 Notice of Meetings. Not less than ten (10) days nor more than sixty (60) days in advance of a meeting, the secretary or other officer specified in the Bylaws shall cause notice of meetings of the members to be hand delivered or sent prepaid by United States mail to the mailing address of each Unit owner, as appears on file at the Pitkin County Assessor's Office, or to the mailing address designated in writing by the member. No action shall be adopted at a meeting except as stated in the notice. 3.6 WaiverofNotice. Anymembermay,atanytime,waivenoticeofanymeeting of the members in writing, and the waiver shall be deemed equivalent to the receipt of notice. 3.7 Adjournment of Meeting. At any meeting of members, a majority of the members who are present at that meeting, either in person or in proxy, may adjourn the meeting to another time. 3.8 Order ofBusiness. The order ofbusiness at all meetings of the members shall be as follows: (a) Roll call (or check-in procedure); (b) Proof of notice of meeting; (c) Reading of minutes of preceding meeting; (d) Reports; (e) Establish number and term of memberships of the Executive Board (if required and noticed); (f) Election of inspectors of election (when required); (g) Election of Directors of the Executive Board (when required); (h) Ratification of budget (if required and noticed); (i) Unfinished business; and (j) New business. 3.9 Voting. (a) A vote allocated to a Unit maybe cast under a proxy duly executed by a Unit owner. If a Unit is owned by more than one person, each owner of the Unit may vote or register protest to the casting of votes by the other owners of the Unit through a duly executed proxy. A Unit Owner may revoke a proxy given under this section only by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one yeaz after its date, unless it specifies a shorter term. (b) The Vote of a corporation or business trust may be cast by any officer of that corporation or business trust in the absence of express notice of the designation of a specific person by the Boazd of Directors or bylaws of the owning corporation or business trust. The Vote of a partnership maybe cast by any general partner of the owning partnership in the absence of express notice of the designation of a specific person by the owning partnership. The moderator of the meeting may require reasonable evidence that a person voting on behalf of a corporation, partnership or business trust owner is qualified to vote. 3.10 Unanimous Vote. To be effective all matters shall receive a unanimous vote. 3.11 Any action of the Members or the Boazd of Directors provided for hereunder or the Declaration may be taken by unanimous written consent. ARTICLE 4 OFFICERS 4.1 Designation. The principal officers of the Association shall be the president, the vice president, the secretary and the treasurer, all of whom shall be elected by the Executive Board. The Board may appoint an assistant treasurer, an assistant secretary and other officers as it finds necessary. The president and vice president, but no other officers, need to be Directors. Any two offices may be held by the same person, except the offices ofpresident and secretary. The office of vice president may be vacant. 4.2 Election ofOfficers. The officers ofthe Association shall be elected annually by the Board. 4.3 Removal of Officers. Upon the unanimous vote of the Directors, any officer may be removed, either with or without cause. A successor may be elected at any regulaz meeting of the Board or at any special meeting of the Board called for that purpose. 4.4 President. The president shall be the chief executive officer of the Association. The president shall preside at all meetings of the members and of the Board. The president shall have all of the general powers and duties which are incident to the office of president • - -. ., .. ,. a of a nonprofit corporation organized under the laws of the State of Colorado, including but not limited to the power to appoint committees from among the members from time to time as the president may decide is appropriate to assist in the conduct of the affairs of the Association. The president may fulfill the role of treasurer in the absence of the treasurer. The president may cause to be prepared and may execute amendments, attested by the secretary, to these Bylaws on behalf of the Association, following authorization or approval of the particular amendment as applicable. 4.5 Vice President. The vice president shall take the place of the president and perform the president's duties whenever the president is absent or unable to act. If neither the president nor the vice president is able to act, the Board shall appoint some other Director to act in the place of the president on an interim basis. The vice president shall also perform other duties imposed by the Boazd or by the president. 4.6 Secretary. The secretary shall keep the minutes of all meetings of the Lot owners and the Board. The secretary shall have chazge of the Association's books and papers as the Board may direct and shall perform all the duties incident to the office of secretary of a nonprofit corporation organized under the laws of the State of Colorado. The secretary may cause to be prepared and may attest to execution by the president of amendments to these Bylaws on behalf of the Association, following authorization or approval of the particulaz amendment as applicable. 4.7 Treasurer. The treasurer shall be responsible for Association funds and securities, for keeping full and accurate financial records and books of account showing all receipts and disbursements and for the prepazation of all required financial data. This officer shall be responsible for the deposit of all monies and other valuable effects in depositories designated by the Board and shall perform all the duties incident to the office of treasurer of a nonprofit corporation organized under the laws of the State of Colorado. The treasurer may endorse on behalf of the Association, for collection only, checks, notes and their obligations and shall deposit the same and all monies in the name of and to the credit of the Association in banks designated by the Board. Except for reserve funds described below, the treasurer may have custody of and shall have the power to endorse for transfer, on behalf of the Association, stock, securities or other investment instruments owned or controlled by the Association or as fiduciary for others. Reserve funds of the Association shall be deposited in segregated accounts or in prudent investments, as the Executive Board decides. Funds maybe withdrawn from these reserves for the purposes for which they were deposited, by check or order, authorized by the treasurer, and executed by two (2) Directors, one (1) of whom may be the treasurer if the treasurer is also a Director. 4.8 Agreements, Contracts, Deeds, Checks, Etc. Except as provided in Sections 4.4, 4.6, 4.7 and 4.9 of these Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by an officer of the Association or by any other person or persons designated by the Board. 6 ~~~ ~..1 !.# .. 4.9 Statements of Unpaid Assessments. The treasurer, assistant treasurer, a manager employed by the Association or, in their absence, any officer having access to the books and records of the Association may prepaze, certify and execute statements of unpaid assessments., The Association may charge a reasonable fee for preparing statements of unpaid assessments. The amount of this fee and the time of payment shall be established by resolution of the Board. Any unpaid fees maybe assessed as a common expense against the Lot for which the certificate or statement is furnished. ARTICLE 5 INDEMNIFICATION The Directors and officers ofthe Association shall have the liabilities, and be entitled to indemnification, as provided in Colorado Nonprofit Corporation Act and the Articles. of Incorporation, the provisions of which aze incorporated by reference and made a part of this document. ARTICLE 6 RECORDS 6.1 Records and Audits. The Association shall maintain financial records. 6.2 Examination. All records maintained by the Association or the Manager shall be available for examination and copying by any member, any holder of a security interest in a Lot or its insurer or guarantor, or by any of their duly authorized agents or attorneys, at the expense of the person examining the records, during normal business hours after reasonable notice. ARTICLE 7 MISCELLANEOUS 7.1 Notices. All notices to the Association or the Boazd shall be delivered to the President. All notices shall be deemed to have been given when mailed, except notices of changes of address, which shall be deemed to have been given when received. 7.2 Fiscal Year. The Board shall establish the fiscal year of the Association. 73 Waiver. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 7.4 Office. The principal office of the Association shall be at the address of the President. ~° s. oe./ ARTICLE 8 AMENDMENTS TO BYLAWS M 8.1 The Bylaws may be amended only by unanimous vote of all of the Members. 8.2 No amendment of the Bylaws of this Association shall be adopted which would affect or impair the validity or priority of any mortgage covering any Unit or which would change the provisions of the Bylaws with respect to institutional mortgagees or records. ATTEST: Certified to be the Bylaws adopted by Consent of the Directors of Block Condominiums Homeowners Association, Inc. dated , 2007. Parcel Detail ~ Page 1 of 4 m..., .. ! Pitkin County Assessor/Treasurer Parcel Detail Information Assessi~r/Treasurer Property Search ~ Assessor Subset Ouery ~ Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics ~ Tax Information Parcel Detail Value Detail ~ Sales Detail Res_dential/Commerc,ial.,Impro_ve_ment Detail Land Detail ~ Photo rg aphs Tax Area Account Number Parcel Number Mill Levy 001 R005657 273512416002 32.99 Owner Name and Address BLOCK FAMILY TRUST 311 W NORTH ST ASPEN, CO 81611 Legal Description SUB:HALLAM ADDITION BLK:40 LOT:3 - LOT:S DESC: WEST 1/2 OF LOT 5 Location Physical Address: 311 W NORTH ST ASPEN Subdivision: HALLAM ADDITION Land Acres: 0 Land Sq Ft: 7,500 Property Tax Valuation Information Actual Value Assessed Value Land 2,900,000 230,840 Improvements: ~ 200,000 15,920 Total: 3,100,000 246,760 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbes=R005657 11 /29/2007 -Parcel Detai] „~. -. 1. r ..~J Sale Date: Basic Building Characteristics Number of Residential 1 Buildings: Number of Comm/Ind 0 Buildings: Residential Building Occurrence 1 Characteristics CARPORT: 242 FINISHED BSMT: 644 CONCRETE PATIO: 224 WOOD BALCONY: 168 FIRST FLOOR: 904 WOOD BALCONY: 308 FINISHED BSMT: 682 FIRST FLOOR: 802 Total Heated Area: 3,032 Property Class• • DUP/TRIPLEXES - IMPROVEME Actual Year Built: 1963 Effective Year Built: 1990 Bedrooms: 5 Baths: 5.5 Quality of Construction: AVERT 11 Exterior Wall: WD SID AVE Interior Wall: BASE Floor: BASE Heat Type: HT WTR B/B Heating Fuel: GAS Roof Cover: CEDAR SHAK Roof Structure: GABLE/HIP Neighborhood: NORTH "WEST END" ASPEN Super Nbad: CITY OF ASPEN Tax Information Page 2 of 4 http://www.pitkinassessor.org/assessor/Parcel. asp?AccountNumber=R005657 11 /29/2007 _. .Parcel Detail ~~, ~~ Tax Year Transaction Type Amount 1997 Tax Amount $3,693.88 1997 Tax Payment: First Half ($1,643.77) 1997 Tax Payment: First Half ($203.17) 1997 Tax Payment: Second Half ($1,846.94) 1997 Tax Payment: First Half ($1,846.94) 1997 Tax Payment: Second Half $1,846.94 1998 Tax Amount $3,640.10 1998 Tax Payment: Whole ($3,640.10) 1999 Tax Amount $3,669.22 1999 Tax Payment: Whole ($1,632.80) 1999 Tax Payment: Whole ($2,036.42) 2000 Tax Amount $4,108.24 2000 Tax Payment: Whole ($4,108.24) 2001 Tax Amount $6,555.44 2001 Tax Payment: Whole ($6,555.44) 2001 Tax Refund $1,440.21 2001 Tax Abatement ($1,440.21) 2002 Tax Amount $5,105.94 2002 Tax Payment: Whole ($5,105.94) 2003 Tax Amount $5,028.76 2003 Tax Payment: Whole ($5,028.76) 2004 Tax Amount $5,089.22 2004 Tax Payment: First Half ($2,544.61) 2004 Tax Payment: Second Half ($2,544.61) 2005 Tax Amount $5,793.56 2005 Tax Payment: Whole ($5,793.56) 2006 Tax Amount $6,039.80 2006 Senior Tax Exemption ($262.60) 2006 Tax Payment: Whole ($5,777.20) Top of Page Assessor Database Seazch Options ~ Treasurer Database Search Options Pitkin County Home Page Page 3 of 4 http://www.pitkinassessor.org/assessor/Parcel.asp?AccountNumbei=R005657 11 /29/2007 Ptu~cel Detail ~. ~... Pagc 4 of 4 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 ©2004 - 2007 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http:/1www.pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R005657 I 1 /29/2007 ,,. ry DECLARATION OF COVENANTS FOR BLOCK CONDOMINIUMS CITY OF ASPEN, COUNTY OF PITKIN, COLORADO ,- --~, 4. v.. J~ DECLARATION OF COVENANTS FOR BLOCK CONDOMINIUMS CITY OF' ASPEN, COUNTY OF PITKIN, COLORADO THIS DECLARATION OF COVENANTS is made this day of , 2008, by the Block Family Trust, hereinafter collectively referred to as "Declarant." SECTION 1 DECLARATIONS-PURPOSES 1.1 Genera] Purooses of the Declaration. Declarant is the owner in fee simple of certain real property located in the City of Aspen, Pitkin County, Colorado, described in Exhibit "A" attached hereto and known as the "Block Condominiums." Declarant intends that owners, trust deed beneficiaries, mortgagees, and any other persons or entities now or hereafter acquiring any interest in Block Condominiums shall hold such interest subject to all the rights, privileges, obligations, and restrictions set forth in this instrument. In addition, the Block Condominiums Homeowners Association is being created as an association to perform certain obligations described herein and to own, hold, operate and manage property for the common benefit of owners of the property within Block Condominiums. It is expected that all property subject to this Declaration will be developed with certain common objectives and that Owners of property within these areas will have certain common interests. 1.2 Declaration. To further the purposes herein expressed, Declarant, for themselves, their successors and assigns, with respect to the Units as defined and described on the Plat for Block Condominiums filed of record in the office of the Clerk and Recorder, Pitkin County, Colorado, on the _ day of , 2008, at Reception No. ,hereby declares that all said land shall at all times be owned, held, used, and conveyed subject to the terms, declarations, conditions, and restrictions contained in this instrument, which terms, provisions, conditions, and restrictions shall constitute covenants running with the land and shall be binding upon and inure to the benefit of Owners and to any person or legal entity acquiring an interest in any such Units in Block Condominiums. SECTION 2 DEFIlVZTIONS AND AREA DESIGNATIONS 2.1 Act means the Colorado Common Interest Ownership Act, as in effect from time to time, including any amendments to or in replacements thereof Any reference to a particular section of the Act shall include any amendments to or replacements of such section. When this Declaration makes reference to defined terms appearing in the Act, such terms shall, unless otherwise provided, have the same meaning as provided in the Act. 2.2 Allocated Interest means the common expense liability and the ownership interest and votes of an Owner in the Association. 2.3 Annual Assessments mean the charges levied and assessed each year against an individual condominium Unit pursuant to Section 6.2 below. 2.4 Articles mean Articles of Incorporation and any amendments thereto for Block Condominiums Homeowners Association, a Colorado nonprofit corporation. 2.5 Assessment Lien means the statutory lien for payment of Assessments provided by the Act. 2.6 Assessments include Annual Assessments and Special Assessments, and means assessments made for common expenses provided for herein, which assessments shall be used for the purposes of promoting the use, health, safety, welfare, common benefit, and enjoyment of the Owners of the individual condominium Units and shall also include any additional fees, charges, late charges, attorneys' fees, fines, and interest charges imposed on an Owner under this Declaration. 2.7 Association means Block Condominiums Homeowners Association, a Colorado nonprofit corporation formed and incorporated to be and constitute the Association to which reference is made in this instrument to further the common interests of Owners of al] Property within Block Condominiums. 2.8 Board or Executive Board means the Board of Directors of the Association. 2.9 Bylaws mean the bylaws adopted by the Association and any amendments thereto. hi the event of any inconsistency or conflict between the Bylaws and the Declaration or any Supplemental Declaration, the provisions of the Declaration or any Supplemental Declaration shall control. 2.10 Common Elements mean the real Property, other than Units, within Block Condominiums owned or leased by the Association. 2.11 Common Expenses mean and includes the estimated and actual expenditures made or to be made by or on behalf of the Association, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board of Directors pursuant to the Declaration, the Articles, and the Bylaws. Common expenses shall not include any maintenance, replacement or repair of any improvements located on the units or any insurance thereupon. 2.12 Declarant means the Block Family Trust U/T/A Febmary 10, 1994. 2.13 Declaration means this Declaration of Covenants for Block Condominiums, City of Aspen, Colorado, as recorded in the real estate records of Pitkin County, Colorado, and as amended from time to time. Reference to this Declaration shall include the Map, which is incorporated herein. 2.14 Block Condominiums means the area known as the Block Condominiums, City of Aspen, Colorado, as shown on the Map filed in the records of Pitkin County. 2.15 Eligible Mort¢a2e Holder means the holder of any first priority mortgage encumbering a Unit that has given written notice to the Association and to the Owner of the Unit of said mortgage. Such notice shall include the recording information for the mortgage as recorded in the real property records of Pitkin County. 2 r 1 . 2.16 FAR means floor area ratio as defined by the City of Aspen Municipal Code as amended. 2.17 Limited Common Elements (LCE) mean that portion, if any, of the Common Elements allocated for the exclusive use of one or more units, but fewer than all Units. The Limited Common Elements shown on the Map as related to a Unit should be Limited Common Elements for the exclusive use of the Unit or Units so referenced . 2.18 Member or Members means Owners who, by virtue of ownership of a Unit automatically become members in the Association, as provided herein. 2.19 Morteaae means any mortgage, deed of trust or other form of security interest as defined in the Act. 2.20 MortQa¢ee means any grantee or beneficiary of a mortgage. 2.21 Mortea¢or means any grantor or trustor of a mortgage. 2.22 Owner or Owners means the person or persons or legal entity holding record title to a Unit,. but excluding in all cases any party holding an interest merely as security for the performance of any obligation. Declarant or the Association shall be entitled to treat the record title holder of a Unit as the Owner thereof for all purposes. 2.23 Map means the "Condominium Map for Block Condominiums" and any amendments thereto or supplemental plats made subject to the Declaration as may be duly approved and recorded in the-real estate records of Pitkin County. The Map shall depict and show at least the following: the legal description and boundaries of the Property; the location of individual Units on the Property; the Common Elements; and the Limited Common Elements that are for the exclusive use of one or more of the Units as referenced thereon. Declarant and the Board reserve the right to amend the Map and any supplements thereto, fiom time to time, in order to conform the Map to the actual location of any Units or Common Elements or Limited Common Elements, to conform the Map to duly adopted amendments to this Declaration and to establish, vacate or replace utilit`j easements, access and parking areas. 2.24 Property means that property in the City of Aspen, County of Pitkin, State of Colorado, described in Exhibit "A" attached hereto and made a part hereof and also as described on the Map, plus any additional Property which the Declarant may hereafter make subject to this Declaration, together with all buildings and any other kinds of improvements thereon, together with all rights and appurtenances thereto. 2.25 Unit means an individual Unit as depicted on the Map. Each Unit shall be used exclusively for residential living purposes and such purposes as are incidental thereto. Units A and B are described on the Map. ~~ .. +~. . , SECTION 3 CONDOMINIUM FORM OF OWNERSHIP 3.1 Declaration of Condominium Ownershin. Declarant for itself and its successors and assigns, as owners of the Property, hereby declares that the Property shall at all times shall be owned and held in condominium ownership under the Act and shall at all times be owned, held, used and occupied subject to the provision of this Declaration. 3.2 Division into Condominium Units. The Property is hereby divided into Units, each consisting of a separate fee simple estate in a particular individual Unit and in an appurtenant undivided fee simple interest in the Common Elements. The Owner of each Unit shall own the appurtenant undivided interest in the Common Elements as a tenant in common with the Owner of the other Unit. 3.3 Description of Unit. Any instrument affecting a Unit may legally describe it by identifying the unit number as shown on the Map. A legal description of a unit may be in the following form: Residential Unit _, Block Condominiums, Pitkin County, Colorado, according to the Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book at Page , and as defined and described in the Declaration for Black Condominiums, appearing in such records in Book at Page , and any conveyance or other instrument affecting title to a Unit or any part thereof shall be deemed to include and describe the entire Unit including the appurtenant undivided interest in the Common Elements and all the rights, easements, obligations, limitations, encumbrances, covenants, conditions and restrictions benefitting or burdening the Unit under the terms of this Declaration. 3.4 Duration of Condominium Ownershin. The condominium ownership of Block Condominiums shall continue until this Declaration is terminated or revoked as hereinafter provided. 3.5 Insenarability. The separate estate in a Unit and in the appurtenant undivided interest in the Common Elements shall be inseparable for the period of condominium ownership hereinabove described. 3.6 Partition Not Permitted_ The Common Elements shall be owned in common by all Owners of Units, and no Owner may bring any action for partition thereof. 3.7 Taxation. All taxes, assessments and other charges of the State of Colorado or any political subdivision or of any special improvement district or of any other taxing or assessing authority shall be assessed and collected on each Unit separately and not on the project as a whole, and each Unit shall be carried on the tax books as a separate and distinct parcel. For the purpose of valuation for assessment, the valuation of the Common Elements shall be apportioned among the Units in proportion to the fractional undivided interest in the Common Elements appurtenant to and part of such Units. The Association shall deliver to the County Assessor of Pitkin County, Colorado, a written notice as iequired by law, setting forth descriptions of the Units and shall furnish all necessary information with respect to such apportioned evaluation of Common Elements for assessment. The lien for taxes assessed to any f f Unit shall be confined to that Unit. No forfeiture or sale of any Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect title to any other Unit. 3.8 Mechanics Liens. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Owner thereof or his agent, contractor, or sub- contractor shall create any right to file a statement of mechanics lien against the Unit of any other Owner not expressly consenting to or requesting the same or against any interest in the Common Elements except the undivided interest therein appurtenant to the Unit of the Owner for whom such labor shall have been performed and such materials shall have been furnished. The Owner shall indemnify and hold harmless any other Owner from and against liability or loss arising from the claim of any lien against the Unit, or any part thereof, of any other Owner for labor performed or for materials furnished in work on the other Owner's Unit. At the written request of any Owner, the Association shall enforce such indemnity by collecting from the Owner of the Unit on which the labor was performed and materials used, the amount necessary to discharge any such lien, including all costs incidental thereto, including attorney's fees. If not promptly paid, the Association may collect the same in the manner provided herein for the collection of assessments. SECTION 4 VARIOUS RIGHTS AND EASEMENTS 4.1 Owners' Rights in General Common Elements. Subject to the other provisions of this Declaration, each Owner, and each Owner's guests, shall have anon-exclusive right to use and enjoy the General Common Elements, provided there is no hindrance or encroachment upon the rights of use and enjoyment of other Owners. 4.2 Owners' Riehts in Limited Common Elements. Subject to the other provisions of this Declaration, each Owner, and each Owner's guests, shall have an exclusive right to use and enjoy the Limited Common Elements, if any, appurtenant to the Unit owned by such Owner. 4.3 Owners' Riehts in a Unit. Subject to the other provisions of this Declaration, each Owner shall have full and complete dominion and ownership of the Unit owned by such Owner and each Owner and each Owner's guests shall have the exclusive right to use and enjoy the same. 4.4 Association's Riehts. The Association shall have anon-exclusive right and easement to make such use of the Common Elements, Limited Common Elements, and units as may be necessary or appropriate for it to perform the duties and functions which it is obligated or permitted to perform under this Declaration; provided, however, that any entry onto a Unit shall be made with as little inconvenience as practicable to the Owner and that any damage to the residential unit as assumed by such entry shall be repaired by and at the expense of the Association. 4.5 Owners' Easements for Access and Utilities. Each Owner shall have anon-exclusive easement for access between the Unit and the public roads and streets as depicted on the Map and other easements which are part of the Common Elements. Each Owner shall also have anon-exclusive easement in and over the Common Elements for utility service to the Unit including water, sewer, gas, electricity, telephone and television service. ~.. 4.5 Easements Deemed Aoourtenant. The easements and rights here and created for an Owner shall be appurtenant to the Unit of that Owner and all conveyances of and other instruments affecting title to a Unit shall be deemed to grant and reserve the easements and rights as are provided for herein, even though no specific reference to such easements appears in any such conveyance. SECTION 5 ASSOCIATION 5.1 Formation of Association. The Association shall be a nonprofit Colorado corporation with the duties, responsibilities, and powers prescribed by law and as set forth in its Articles, Bylaws, this Declaration, and the Act. The Association shall be an association described in Section 38-33.3-301 of the Act and may exercise al] of the powers described in Section 38-33.3-302 of the Act. Neither the Articles nor Bylaws of the Association shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 5.2 Board of Directors and Officers. The affairs of the Association shall be conducted by a Board of Directors and such officers as the Board may elect or appoint in accordance with the Articles and Bylaws as the same may be amended from time to time. The Association, by and through the Board, shallalso govern and manage the Common Elements, the Limited Common Elements, and any other Association property. 5.3 Association Rules. The Association may from time to time adopt, amend, and repeal rules to be known as the "Block Condominiums Homeowners Association Rules" by a majority vote of the Board. The purpose of the Association rules shall be to implement, supplement or otherwise carry out the purposes and intentions of this Declaration. Rules shall not be inconsistent with this Declaration. 5.4 Limited Liability. (a) Except as otherwise provided in the Act or this Declaration for Board members and officers appointed by the Declarant, neither the Association nor its past, present or future, officers, directors, nor any other employee, agent or committee member of the Association shall be liable to any Owner or to any other person for action taken or omissions made except for wanton and willful acts or omissions. Without limit to the foregoing, the Association and the Board shall not be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Acts taken upon the advice of legal counsel, engineers, architects or surveyors shall conclusively be deemed to be made in good faith and without malice. To the extent insurance carried by the Association for such purposes shall not be adequate, the owners severally agree to indemnify the Association or Board against loss resulting from such action or failure to act, provided that the Association and the Board acted or failed to act in good faith and without malice. (b) Any Board member or officer of the Association appointed by the Declarant as provided for herein shall exercise in the performance of their duties the standard of care required of Fiduciaries of the Owners. ~, 5.5 Membershin. The Association shall be a membership association without certificates or shares of stock. The membership of the Association shall at all times consist exclusively of the Owners of units. Membership in the Association shall automatically terminate when an Owner ceases to be an Owner of a Unit. 5.6 Binding Effect. Each Owner, or such Owner's lessees, their families and guests, the heirs, successors or assigns of an Owner, or any mortgagee, and any other persons using or occupying a Unit, shall be bound by and shall strictly comply with the provisions of this Declaration, the Bylaws, the Articles, any deed restrictions and covenants and all rules, regulations, and agreements lawfully made by the Association. 5.7 Enforcement. The Association shall have the right and power to bring suit for legal or equitable relief for any lack of compliance with any provisions of this Declaration. In addition, the Association shall have the right to impose on any Owner monetary fines for any lack of compliance with provisions of this Declaration or rules promulgated by the Board and where such fines are not paid within the time provided, such fines may be collected as an assessment lien. The failure of the Association to insist upon the strict performance of any such provisions or to exercise any right or option available to it, or to serve any notice or to institute any action, shall not be a waiver or a relinquishment for the future of any such provision or the enforcement thereof. Any Owner aggrieved by a lack of compliance by another Owner may also bring suit for legal and equitable remedies. The Association shall be entitled to reimbursement of its costs and expenses, including reasonable attorneys' fees, in connection with its rights of enforcement and remedies in this Declaration. ; 5.8 Power of the Association. Each Owner of a Unit agrees that the Association has all the powers granted it by the Colorado Nonprofit Corporation Act, and any amendments thereto or replacements thereof, and the Act, including all of the powers described in Section 38-33.2-302 of the Act. Such powers shall include, without limitation, levying assessments against Owners, imposing a lien on a Unit for any unpaid or uncollected assessments or penalties, and foreclosing any such liens, enforcing any deed restrictions and covenants, acquiring, holding, owning, leasing, mortgaging and disposing of property, the adoption of rules and regulations, the defending, prosecuting or intervention in litigation on behalf of all members, the borrowing of monies for Association purposes and the right to pledge future income in order to secure such borrowings. The term "pledge of future income" shall include the right to impose a special assessment for repayment of such borrowings and to assign such special assessment (and all lien and collection rights appurtenant thereto) to the lender as security for repayment thereof. The Association may exercise any other right, power or privilege given to it expressly by this Declaration, the Articles, and Bylaws, or by the Act, and every other right, power or privilege reasonably to be implied from the existence of any right, power or privilege given to it herein or reasonably necessary to effectuate any such right, power or privilege. 5.9 Association Records. The Association shall maintain financial records sufficient to enable the Association to carry out its responsibilities under this Declaration and to comply with the requirements of the Act. All financial and other records shall be made reasonably available for examination by any Owner and such Owner's authorized agents. 5.10 Association Contracts. To the extent the Board so elects, the Association may enter into or accept the assignment of contracts to provide functions or services for the benefit of or relating to .-... Block Condominiums. Any contract that Declarant has entered into that affects Block Condominiums shall be binding upon the Association whether or not the Association accepts an assignment thereof. 5.11 Other Association Functions. The Association may undertake, to the extent the Board, in its sole discretion, so elects, to provide functions or services for the benefit of all, or some, Owners on such basis as the Board may reasonably determine. Such functions or other services may be provided by the Association's employees or an independent contractor retained by the Association. 5.12 Notice to Maintain. An Owner shall immediately report to the Association, in writing, the need for any maintenance, repair or replacement which is the Association's responsibility to provide. In the event of any disagreement as to the need for or the responsibility of the Association to provide such maintenance, repair or replacement, the good faith decision of the Board shall be final. 5.13 Mechanics' Liens. Declarant shall be responsible for the release of all mechanics' liens filed with respect to the Association property or Units, or any part thereof, if any such liens arise or are alleged to arise from labor performed or material furnished at the instance of Declarant, its agents, contractors or subcontractors. Except as the result of labor performed or materials fumished at the insistence of the Board, no labor performed or materials furnished with respect to Association property or Units-shall be the basis for filing a lien against any Association property. No labor performed or materials fumished at the insistence of the Board shall be the basis for filing a lien against any Unit. 5.14 Certain Provisions Reeardine Association Pronerty. Property conveyed or leased by Declarant and any other Association property, including, but not limited to, Common Elements, the roads, and utility easements shall, at all times, be owned, operated, maintained, and exercised by the Association consistent with the provisions of this Declaration, the Map, and the Act and in trust for the use, benefit, and enjoyment of Owners entitled to such use, benefit, and enjoyment and their family members guests and invitees. The Association may not convey or subject to a security interest any real property owned or leased by the Association without the prior written consent of or a resolution adopted by all members of the Association at a special or general meeting entitled to vote thereat, whether in person or represented by proxy, or absent, and shall otherwise comply with the provisions of the Act with regard to any such conveyance or security interest. SECTION 6 VOTING 6.1 General. One (1) vote shall be allocated to Unit A and one (1) vote shall be allocated to Unit B, and all matters shall be approved by unanimous vote. If a Unit is owned by more than one (1) person, those persons shall agree among themselves how a vote for that Unit's membership is to be cast. Individual co-owners may not cast fractional votes. A vote by a co-owner for the entire Unit's membership interest shall be deemed to be pursuant to a valid proxy, unless another co-owner of the same Unit objects at the time vote is cast, in which case such membership's vote shall not be counted. 6.2 Election of Board of Directors. The Board shall be elected at such frequency and for such terms as are provided for in the Bylaws. ,, SECTION 7 ARCHITECTURAL CONTROL 7.1 Authority. Except as otherwise provided in this Declaration, no improvements of any kind or changes in the natural condition of any Units, including, but not limited to, the construction of dwellings or other structures, outbuildings, fences, grading, planting, ponds, parking azeas, walls, garages, driveways, antennae, satellite dishes, flag poles or the like, shall be erected, altered or permitted to remain on or with regard to any Unit or the Common Elements as Limited Common Elements, nor shall any excavating, clearing or landscaping be done thereon unless complete architectural plans and specifications and a plan showing the location and orientation for such construction or alteration or landscaping are approved by the Owner of the other Unit, which approval shall not be unreasonably withheld, prior to the commencement of such work. 7.2 Enforcement. Each Owner shall have the right to prosecute any action for injunctive relief and for damages by reason of any violation of this declaration. SECTION 8 ASSESSMENTS 8.1 Purpose of Assessments; Assessments Lien. All members of the Association hereby covenant and agree, and each Owner by acceptance of a deed to a residential unit, including a public trustee or sheriffs deed, is deemed to covenant and agree, to pay the Association assessments including annual assessments, special assessments, and all other assessments and charges to be established and collected under this Declaration. Assessments, together with interest, costs, and reasonable attorney's fees, shall be secured by the assessment lien as provided for in the Act on the residential unit to which they relate in favor of the Association. The assessment lien shall be a charge on the Unit, and also the personal obligation of the Owner of such Unit for the amount of all items set forth herein from the date such amount becomes due. Where there is more than one Owner, each Owner shall be jointly and severally liable for al] assessments. Except for a sale or transfer of any Unit pursuant to foreclosure of any first lien security interest or any proceeding in lieu thereof, the grantee of any Unit (i.e., purchaser or other transferee) shall be jointly and severally liable with his grantor (i.e., seller or other transferor) for all unpaid assessments or other proper charges due the Association prior to, as well as subsequent to, the date of the recording of the conveyance without prejudice to the rights of said grantee to recover from grantor any assessments paid. 8.2 Annual Assessments. Commencing with the year in which this Declaration is recorded, an annual assessment shall be made against each Unit based upon an annual budget approved by the Association. 83 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment period, a special assessment for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement, or far other extraordinary expenses. 8.4 Establishment of Annual Assessment Period. The period far which the annual assessment is to be levied (the "Assessment Period") shall be the calendar year, except that the first .~., .,. Assessment Period shall commence upon the recording of this Declaration and terminate on December 1 of such year. The Board in its sole discretion from time to time may change the Assessment Period. The Board shall fix the amount of the annual assessment against each Unit at least thirty (30) days in advance of the end of each Assessment Period. Written notice of the annual assessment shall be sent to each member. Failure of the Association timely to fix the annual assessment or to send a bill to any member shall not relieve the member of liability for payment of any assessments or charge. The due dates for payment of any assessments shall be established by the Board. 8.5 Association Bud¢et. Annually the Board shall prepare or cause to be prepared an operating budget for the Association's fiscal year. In the event the Owners reject the proposed budget, the last budget ratified by the Owners shall be continued until such time as the Owners ratify a subsequent budget. 8.6 Effect of Nonnayment; Foreclosure of Assessment Lien. Any assessment or charge or installment thereof not paid when due shall be deemed delinquent and in the discretion of the Board may bear interest from and after the due date until paid at a rate set by the Association, but in no event greater than allowed by the Act. The delinquent member shall also be liable for all costs, including attorneys' fees, which maybe incurred by the Association in collecting a delinquent assessment. The Board may also record a Notice of Delinquent Assessment or charge against any Unit as to which an assessment or charge is delinquent. The Notice shall be executed by an officer of the Board, set forth the amount of the unpaid assessment, the name of the delinquent Owner and a description of the Unit. The assessment lien may be foreclosed by the Association in the same manner as a mortgage on real property. The Association shall be entitled to purchase the Unit at foreclosure. The Board may establish a fixed fee to reimburse the Association for the Association's cost in preparing and recording such notice, processing the delinquency and recording a release of said lien, which fixed fee shall be treated as part of the delinquent assessment secured by the assessment lien. The Association may bring an action at law against the Owner personally obligated to pay the delinquent assessment and/or foreclose the lien against said Owner's Unit. No Owner may waive or otherwise avoid liability for the assessments provided for herein by non-use of the benefits derived from assessments or abandonment of such Owner's Unit. No delinquent member shall be entitled to vote on any Association matters until the assessment due, with interest and all other costs, shall be paid in full. Where assessments due from any member are more than six (6) months delinquent, the Association may temporarily cut off any or all Association services or benefits until al] delinquent assessments are fully paid. 8.7 Priority of Lien. The assessment lien shall be a continuing lien upon the Unit against which any assessment is made and shall be prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien mortgage on the Unit recorded before the date on which the assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental assessments or charges against the Unit. This section does not prohibit an action to recover sums for which this section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the Association's lien except that sale or transfer of any Unit pursuant to foreclosure of any first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien to the extent required by the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor 10 ~,. ..,, cancellation or forfeiture shall relieve any Unit from continuing liability for any assessments thereafter becoming due, nor from the lien thereof. 8.8 Waiver of Homestead Exemption. Each Owner agrees that the Association's assessment lien shall be superior to the homestead exemption provided by C.R.S. § 38-41-ZO1, et. sue., as amended or replaced from time to time and that the acceptance of the deed or other instrument of conveyance in regard to any Unit shall signify the grantee's waiver of such homestead right. 8.9 Statement from the Association. The Association shall furnish to an Owner or such Owner's designee or to a holder of a security interest or its designee upon written request, delivered personally or by certified mail, first class, postage prepaid, return receipt requested, to the Association, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) days after receipt of the request and shall be binding on the Association, the Board, and every Owner. If no statement is delivered either personally or by certified mail, first class, postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments that were due as of the date of the request. 8.10. Assessments for Tort Liability. In the event of any tart liability against the Association not covered completely by insurance, each Owner shall contribute for the payment of such liability as a special assessment. The Association may, however, require a larger contribution from fewer than all Owners under any legal or equitable principles regarding liability for negligent or willful acts or omissions. SECTION 9 INSURANCE 9.1 Types of Insurance. The Association shall obtain and keep in full force and effect the following insurance coverage, to the extent reasonably available, if deemed appropriate by the Board. and only to the extent deemed appropriate by the Board: (a) Property and fire insurance with extended coverage and standard all-risk endorsements, including vandalism and malicious mischief, on Association property. The total amount of insurance, after application of deductibles, shall be 100% of the replacement value of the insured property exclosive of land, foundations, and other items normally excluded from property policies. (b) Public liability and property damage insurance, including medical payment insurance, in an amount determined to be sufficient in the judgment of the Board, covering all occurrences commonly insured against for death, bodily injury, and property damage arising out or in connection with the ownership, operation, maintenance or other use of Association property. This policy shall also cover operation of automobiles or other vehicles or equipment on behalf of the Association. (c) Workmen's compensation and employer's liability insurance in the amounts and in the forms required by law. 11 ..., (d) Fidelity coverage against the dishonesty of employees, destruction or disappearance of money or securities, and forgery. This policy shall also cover persons who serve the Association without compensation. (e) Coverage of members of the Board and officers of the Association against libel, slander, false arrest, invasion of privacy, errors and omissions, and other forms of liability generally covered in officers and directors liability policies. (f) Insurance against loss or damage to persons or property for ditch failure. (g) Coverage against such other risk of a similar or dissimilar nature as the Board deems appropriate. {h) If the insurance described in (a) or (b) is not reasonably available or if any policy is canceled or not renewed without a replacement policy, the Association shall promptly provide notice of any omitted coverage to all Owners either by personal delivery or by U.S. mail, prepaid. (i) The insurance policies required pursuant to (a) and (b) above, shall provide that each Owner is an insured person under the policy with respect to liability arising out of such Owner's membership in the Association, shall waive the right of subrogation against any Owner or member of his household, and shall provide that no act or admission by any Owner, unless acting within the Owner's scope of such authority on behalf of the Association will void the policy or be a loss under any policy required pursuant to (a) and {b) above. If there is other insurance in the name of an Owner covering the same risk covered by the policy, the Association's policy shall provide primary insurance. 9.2 Named Insured and Interests. The Association shall be named insured under each of said policies. Where appropriate or required by the Act, the named insured shall include the Declarant and the officers and directors of the Association. Where appropriate or required by the Act, separate Owners shall also be named insured. The certificate or memoranda of insurance, duplicate originals of all policies and renewals, and proof of payment of premiums shall be issued to the Association, and upon request, to Declarant and to any Owner who is a named insured to any eligible mortgage holder. 93 Insurance Proceeds. The Association shall receive the proceeds of any insurance purchased by the Association in trust for the Owners and any lienholders as their interests may appear. Subject to the provisions of the Act, in the event of damage or destruction due to fire or other disaster, if the insurance proceeds are sufficient to reconstruct the improvements, the Association shall promptly cause such reconstruction to occur. If the insurance proceeds are not sufficient for such purpose, the Association may levy a special assessment against the Owners for such deficiency. Any portion of the Common Elements for which insurance is required under this section that is damaged or desn-oyed shall be repaired or replaced promptly by the Association unless: (i) The Block Condominiums Map is terminated; or (ii) repair or replacement would be illegal under any local statute or ordinance governing health or safety; or (iii) the Owners vote not to rebuild. 12 f. \i i " r/ SECTION 10 GENERAL RESTRICTIONS 10.1 Residential Use. Each Unit shall be used exclusively for residential living purposes and such purposes as are customarily incident thereto or as permitted in the approvals granted by the City of Aspen. 10.2 Utilities. Except as otherwise approved in writing by the other Unit Owner(s) all domestic water, electrical, telephone, and other utility pipes or lines shall be buried underground and shall not be carried on overhead poles or above the surface of the ground. Any areas of vegetation or terrain disturbed by the burying of utility lines shall be re-vegetated by and at the expense of the Owner causing the installation of the utilities no later than the next growing season following such installation. 10.3 Pest Control. No Owner may engage in any pest control activities without having first obtained the written approval of the other Owner(s). 10.4 Trees and Landscaning. Except for ordinary and reasonable pruning, trees, bushes or vegetation shall not be cut or altered except with the written approval of the other Owner(s). 10.5 Signs. With the exception of one "For Rent" or "For Sale" sign (which shall not be larger than 20 x 26 inches) and except for one entrance gate sign of a style and design approved by the Board, no advertising signs, billboards, unsightly objects or nuisances shall be erected, altered or permitted to remain on any common element, limited common element or residential unit. 10.6 Occunancy Limitations. No residential unit shall be used for living purposes by more persons than it was designed to accommodate comfortably. 10.7 Maintenance of Units. Each Unit shall be kept and maintained in a clean, safe, attractive, and sightly condition and in good repair. 10.8. No Noxious or Offensive Activity. No noxious or offensive activity shall be carried on upon any Unit nor shall anything be done or placed in a Unit which is or may become a nuisance or cause embarrassment, disturbance or annoyance to the other Owner(s). 10.9 No Hazazdous Activities. No activities shall be conducted on any Unit and no improvements constructed that are or might be unsafe or hazardous to any person or property. 10.10 No Unsightliness. No unsightliness shall be permitted on any Unit or common element. Without limiting the generality of the foregoing: (a) all unsightly structures, facilities, equipment, objects, and conditions shall be enclosed within an approved structure or appropriately screened from view; (b) unlicensed cars or trucks, licensed or unlicensed trailers, mobile homes, motor homes or campers, recreational vehicles, trucks other than pickups, heavy equipment, boats, tractors, campers not on a truck, snowcats, ski-doos, snow removal equipment and garden or maintenance equipment shall be kept at al] times, except when in actual use, in an enclosed structure or screened from view; (c) refuse, garbage and trash shall be kept at all times in a covered, noiseless container and any such container shall be kept within an enclosed structure or appropriately screened from view; (d) service areas, storage piles, 13 compost piles, and facilities for hanging, drying or airing clothing or household fabrics shall be appropriately screened from view; (e) pipes for water, gas, sewer, drainage, or other purposes, and wire, poles, antenna and other facilities for the transmission or reception of audio or visual signals or electricity, and utility meters or other utility facilities, and gas, oil, water or other tanks, and individual sewage disposal systems or devices shall be kept and maintained within an enclosed stricture below the surface of the ground or screened from view; and (f) no grass, shrub or tree clippings or plant waste, or refuse or trash shall be kept, stored or allowed to accumulate. 10. I 1 Outdoor Burning. Outdoor grills and barbecues shall be the only outdoor burning permitted. 10.12 No ARIIOy1nQ Sounds or Odors. No sound shall be emitted on any Unit which is unreasonably loud or annoying; and no odor shall be emitted from a Unit which is noxious or offensive to others. 10.13 No Temporary Structures. No tent, tepee, or shack or other temporary building, improvement or structure shall be placed upon any Common Element or Limited Common Element; provided, however, that the foregoing shall not prohibit temporary structures normally associated with construction activities. 10.14 Restrictions on Fences. All fencing shall be subject to approval of the other Owner(s). 10.15 No Annoyin¢ Li¢hts; Restriction on Exterior Liehting. No light shall be emitted from any Unit that is unreasonably bright or causes unreasonable glare. SECTION l l EASEMENTS AND RIGHTS RESERVED 11.1 Easements Described on Map. Each of the easements, covenants, conditions, and restrictions contained on the Map, including, but not limited to, the Map notes, is incorporated herein by this reference. 11.2 Ownership of Easements. With respect to any easements created by this Declazation and with respect to any easements hereafter granted by the Association that benefit the Owner of any Unit such as roads, utilities, ditches, and trails, no such easements may be vacated, extinguished, impaired or limited (other than temporary limitations for maintenance, repair or replacement), except upon the written consent of the Owner of such Unit and any eligible mortgage holder thereon, and no amendment to this Declaration may repeal or change this requirement except upon the written consent of all Owners and all eligible mortgage holders. 14 SECTION 12 TERM, AMENDMENT AND TERMINATION OE COVENANTS 12.1 Term. The term of this Declaration shall be perpetual. 12.2 Amendments. This Declaration maybe amended only upon the unanimous consent of each Unit Owner. Any instrument amending or supplementing this Declaration shall be duly executed by each Owner and recorded in the real property records of the County. 12.3 Rule Against Perpetuities. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutory provision; (ii) the rule restricting restraints on alienation; or (iii) any other statuary or common law rules imposing like or similar time limits, such provision shall continue only for the period of the lives of Martin Block and Beate Block, the initial directors of the Association, their now living descendants, and the survivor of them, plus twenty- one (21) years. 12.4 Termination. This Declaration may be terminated if all the Owners and eligible mortgage holders agree to such termination by an executed, acknowledged instrument duly recorded in the real estate records of Pitkin County, Colorado. 12.5 Disbursement of Proceeds. Unless otherwise required by the Act, upon the termination of this Declaration al] property owned by the Association shall be sold by the Association either in whole or in parcels as the Board may deem appropriate. The funds shall be disbursed without contribution from one Owner to another by the Association for the following purposes and in the following order: (a) Payment of all customary expenses of the sale; (b) Payment of all applicable taxes and special assessment liens in favor of any governmental authority; (c) Payment of the balance of any liens encumbering Association property; and (d) Payment of any unpaid costs, expenses, and fees incurred by the Association; (e) Payment of any balance to the Owners in the same proportion that they pay Association assessments; provided, however, there shall be deducted from any share due an Owner any delinquent and unpaid Association assessments. SECTION 13 CONDEMNATION 13.1 Condemnation of Association Property. If any Association property is taken or condemned by any authority having the power of eminent domain, all compensation and damages on account of the taking of the Association property, exclusive of compensation for consequential damages to affected 15 ~_ .~ ~ .~ , a.. Units and structures, shall be payable to the Association and such proceeds shall be used promptly by the Association to the extent necessary for repair and reconstruction of remaining Association property in as substantial compliance to the original plan of development as possible. If there is an award in excess of the amount necessary to so substantially repair or reconstruct such remaining Association property, it shall at the Board's discretion, be either refunded or retained by the Association for such uses as it deems appropriate. 13.2 Condemnation of Units. If any Unit or a portion of any Unit is taken or condemned by an authority having power of eminent domain, such taking shall be in the manner provided for in the Act. SECTION 14 MISCELLANEOUS 14.1 Interoretation of the Covenants. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a desirable residential area and shall be consistent with the Act. 14.2 Conflict with Mau. In the event of any conflict or inconsistency between the provisions of this Declaration and the Map, including the Map notes thereon, the provisions of the Map or Map notes, as the case may be, shall govern and control and this Declaration shall automatically be amended, but only to the extent necessary to conform the conflicting provisions hereof with the provisions of the Map, including any Map notes. 14.3 Rights of Elieible Morteaee Holders. Any eligible mortgage holder shat] be entitled to: (a) Llpon request, inspect the books and records of the Association during normal business hours; (b) Receive written notice of meetings of the Association where the consent of any eligible mortgage holder is required; (c) Upon request, obtain copies of Association financial statements; (d) Receive written notice of condemnation proceedings affecting any Association property; (e) Receive written notice of the ]apse of any insurance that the Association is required to maintain under this Declaration; and (f) Where the Owner of any Unit shall be deemed delinquent in the payment of any Assessment, any eligible mortgage holder of said Unit shall be given written notice of such delinquency. 14.4 Provisions Incoroorated in Deeds. Each provision contained in this Declaration shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any 16 ., residential unit is granted, devised, conveyed or encumbered, whether or not set forth or referred to in such deed or other instrument. 14.5 Number and Gender. Unless the context shall otherwise provide, a singular number shall include the plural, a plural number shall include the singular, and the use of any gender shall include all genders. 14.6 Notices. Except as otherwise specifically provided for in this Declaration, any notice permitted or required to be delivered as provided in this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered three (3) days after a copy of the same has been posted in the United States mail, postage prepaid for first class mail and addressed to the receiving party at the address last given by such party to the Association. Any notice to the Association shall be sent to such address as it may from time to time designate in writing to each Owner. 14.7 Applicable Law and Venue. The interpretation, enforcement or any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. Any action to enforce, interpret or otherwise pertaining to this Declaration shall be commenced in the County Court or District Court or for Pitkin County, Colorado. 14.8 Disclaimer. No representations or warranties of any kind, express or implied, have been given or made by Declarant, or its agents or employees, in connection with Block Condominiums or any portion thereof, or any improvement thereon, its physical condition, zoning, compliance with applicable laws, fitness or intended use or operation, cost of maintenance or taxes except as expressly set forth in this Declaration. 14.9 Desi¢nation of Successor. Far purposes of this Declaration and the easements, dedications, rights, privileges and reservations set forth herein, a successor and assign of Declarant shall be deemed a successor and assign only as specifically designated by Declarant by instrument recorded in the real estate records of Pitkin County, Colorado, and only with respect to the particular rights or interests specifically designated therein. 14.10 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. Where any provision of this Declaration is declared by a court of competent jurisdiction to be contrary to or in violation of the Act this Declaration shall be automatically amended to replace such provision with a new provision, as similar thereto as practicable, but which is not contrary to or in violation to the Act. 14.11 Run with the Land. Declarant, for themselves, their successors and assigns, hereby declare that al] of Block Condominiums shall be held, used, and occupied subject to the provisions of this Declaration, and to the covenants and restrictions contained herein, and that the provisions hereof shall run with the land and be binding upon all persons who hereafter become the owner of any interest in Block Condominiums_ 17 M .~., \ ~/ IN WITNESS WHEREOF, Declarant have executed this Declaration of Covenants for Block Condominiums this day of , 2008. BLOCK FAMILY TRUST Steven M. Block, Trustee Gail Block, Trustee STATE OF ss. COUNTY OF ) The foregoing Declaration of Covenants for Block Condominiums was acknowledged before me this day of , 2008 by Steven M. Block as Trustee of the Block Family Trust. WITNESS my hand and official seal. My commission expires: Notary Public STATE OF ~ ss. COUNTY OF ) The foregoing Declaration of Covenants for Block Condominiums was acknowledged before me this day of , 2008 by Gail Block as Trustee of the Block Family Trust. WITNESS my hand and official seal. My commission expires: Notary Public 18 ,„ ,, EXHIBIT "A" Legal Description Lots 3, 4, and the West one-half (%) of Lot 5, Block 40 Hallam's Addition to the City and Townsite of Aspen, County of Pitkin, State of Colorado Purported Address: 311 West North Street Aspen, CO 81611 19 r 1,,. r~ THE CITY OF ASPEN Land Use Application Determination of Completeness Date: December 29, 2007 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 0081.2007.ASLU. The planner assigned to this case is Ben GaSnon. ^ 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, to begin the land use review process. then your application has been deemed complete 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. Th You, fifer Ph ,Deputy Director City of Aspen, Community Development Department C:\Documents and Settings\jennifep\Desktop\organized\G Drive\Templates\Completeness Letter Land Use.doc ., Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, February 05, 2008 2:38 PM 70: 'taddune@compuserve.com' Cc: 'jell@tss-us.com' Subject: Comments on the Block Condominiums plat Dear Paul :Following are my comments on the plat for the Block Condiominiums Overall: The font style used is really hard to read. It's very blocky and the printed plat was and I could not read the smaller print. Some of the following comments will be based upon my inability to clearly read the wording and survey. 1) Page 1: The "Surveyor's Certificate' is entitled "Community Development:' Please add language in that certificate noting the accuracy of the survey and that it "balanced and closed within a limit of 1 in 10,000:' 2) The "Community Development Engineer's Certificate" is now "City of Aspen Engineer" and changes need to follow in the paragraph. 3) Under Legend and Notes, please add note six stating, "Current head-in parking located within the city's right-of- way may not be permitted in the future." Plat Comments: 4) I cannot see the difference between the fence line and the property line along the alley and the delineation between the LCEs for Unit A and B is hard to read (more soon the east side of the property). 5) There is a "box" that encroaches on the alley. What is it? It should either be removed or an encroachment license from the engineering department should be applied for and noted on the plat. 6) Finally, it does not look like the corner pins are shown on the property. Again this could be a function of the font, but I can't see them and they are noted in the legend. Jenau,{er f heja.w, Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.asoenoitkin.com P 1 `. Jennifer Phelan From: Jennifer Phelan Sent: Tuesday, February 05, 2008 2:40 PM To: 'taddune@compuserve.com' Cc: 'jell@tss-us.com' Subject: Forgot one thing Paul: I'm sorry, I forgot one last thing that we discussed over the phone. The gravel driveway notes (in the city's right-of- way) that it is for the use of Unit A only. The public right-of-way cannot be limited so please put the note within the private property. Thanks. 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