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Home My WebLink Aboutcoa.lu.su.306 S Garmish.0045.2007ti. ,~ City of Aspen Community Devebpment Department CASE NUMBER 0045.2007.ASLU PARCEL ID NUMBER 2735-124-71-039 PROJECT ADDRESS 306 S. Gannisch St. PLANNER Jason Lasser CASE DESCRIPTION Subdivision Exemption REPRESENTATIVE Lenny Oates DATE OF FINAL ACTION 9/20/07 CLOSED BY Amy DeVault 2 306 s. GARMISH 0045.2007.ASLU 273412471038 & 273512471039 SUBDIVISION EXEMP. V.0[Y'~303 9\2 .... 1 - 6-42 ~ S %21)RCOAGED 311 CONDOMINIUM MAP OF: 306 SOUTH GA_RMISC_H TOWNHOMES CoN_DOMI-NYUMS 01702005 --2, u.i.732005. A.#K~IC- A PARCEL OF LAND SITUATED IN THE SW/4 OF SECTION 7 TOWNSHIP 10 SOUTH, R-ANGE 85 WEST OF THE 6th P.M. CITY- OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 6 OF 6 ELEVATION VIEWS UNITS A, B, C AND D A 11~ ' ROOF 1 /CHIMNEY Â¥ 11 (23 PEAK - EL=7,943 ] 41 2 47.1 PEAK 1 47_-23 -ik e.y f EL=7,943.94 ~ ~ 11-- PEAK EL= 7,94265 ~ C K; CE/UNG C '.35 2Â©44....... ~ EL=7,941.69 \ Z*-1 j ) ~ A:fre.Â·E~ ==glaur-774Â£74. *4 '-41 PEAK 1 4-1 1 EL=7 943.86 C tell - 33/*r.=-51/8~.5/637,p41.-~ 434*79.36 6 COUNG \.2. PEAK EL= 7,936.60 ~ tjittâ‚¬tltillf~fÂ«â‚¬62)7~4~--=0~~ ~ EAVE /~.939 91-~ \ f Acks wâ€ž~OF~~.~~,~,~~~~~~~~~~~~~~~~~-.1>~EL=~7,941.69 0 __- ./49-/23#224/41/Ky'l~*:7 & 2915/53&:MX Â£- -7 1 '371 , EL=7,931.89 1 -4.-calt rÂ·.,2qtpUT'AIDS.j-Xigl-:t 9, ' 3 4 i*14- w OBI0NGI3**T#4*~ 46%94Â«4% 444--- -4,Â·Ag-2,6<'I.3-1,2 , ~~ 5/, FF7 , EL--_7193 f~%~ 70-Â»-Â»r~-19-â‚¬#i:EI --- 141-,4-, *-1 ~ EAVE 069_-L---i----EL->*237.48 Â·Â· --' -1- 4+'-40;'JI -LiaL-1 - (D-- 2 -- t LE , 2-1 . 2+ =- kiler - 71 -=.0~--\ 441 P '\ i FAÂ¥AA:tÂ«t 0 E-,fEL=.733**l/' L @P : ry;Â¢4~Bki#i f f. u *â‚¬2Â«VE 5 2 . ; 2*-Â·-~'.~1 ,;3~=4T1-1-24/33~J_-=i' -,-tjh#,-th-ht~ -,1- EL=7,934.32~ ~"~J L ~.~- I An-r f2*4,46/ 4225,31.: rk--ltfrt.:VS ,=-4.Ibs--17-91&51=22521'0-9.'EL.7,934.74- 1,0, 2.-1 Mall:-,ilktam '11: Fltiv --, , Atw :e=-i"-ilj Law&-~I g,= LL'---J-1-ti i - c-_,~_u! i 0*9%- -~73; #* - -'fn trifffjrnr,0,-nn=rt'..2:.~ - '-1 - , 3 >' 11'T. 11 1 1 14*frMy'--2 -0-1151- 5 1 1 1 1 111 j q-min,4Iv. ~* EAVE EL=7,9.2929nxgfl k *|-Â· ,~,Â¢ i .Fr 1 1 th--] ~ i 1- 3423-1-1-j i 1@1,9 1 1 0 ! 1 1 1 .15 r 1 1 L_ 3.01--1 ~ PR ~E EL= 7,931.92 EAVE < ~! ~,w"# Ille'lh~NEf='7,932.71 :1-9,-,F-,--~Rut-%30 Â»=* i 1 il 21[ELE 41*7Lb-6*~2--Cl- --+UL:%11%2 -43,Latft=%3~~Pr~*--7,-8119 ---324 2-1-UIL:.-4- --~4:.tÂ¥ ~~ Il -~~tÂ·C-j~,~-Â·--j->f~ unf i '~ 1._ .-_il~,34 2.:~ ~[~ [. . 1- 1 / GE j ~ 0 1 ';4 ~J-4-3,bAT:- 1.1 ,9_5 -4 1 -~20,2-,1125 197, \' - jamkggi.4 / | 1 " 1~' Y I 1 11 1\ M Â«13%6=am=Frh' 1 - 1 1 - 2*14__L_ | #) -=,4- 3 79'MI, -L E--4 OCP J FFI , I' 2; E- f - I - I - -â€ž=-r~-rbr. .}- h=rcl ;----7----EL-7,9-11,*op*Â»*4..~4,41;... .&25-4 - .- =al ....i. -'ll *- ...6- ......AÂ·A ..i ..1/1,6 -- '3 -=,60- -12-1 .-14. - I ==ad - - - - - - EL= "917.'40 Or + Luil "*.. 9714Â»4-19,4--mtÂ£LL.,~ ~_-52 IF-:2-7'32*- 2-Z.*.i m CE! -ING \ /w b 0 &34#EL~ 11\. :--19 ' 11- - , bt/LiNG 1/~ J ' L i CELL/NG,5~~<2 -- -- -- . - *y!-4- T+Jqt#E/LING,-- 1 - -r- -17 *f*R:* t " Cmu y' 4 EL=7,916107 -An,--1 1 IFT-=23-9, 01 g*k#ji,~ _-_a T--1 +~r--11-' TI*-ig-itumy<e.,Li #4 3 I L.L-1 ' Il \Ek=7.812.9.â‚¬I -1 -4,4-; 1~3~7,?lf.~ .. t[EL.r-;;2~5.89 -rÂ·Â·Â·Â·11=1=~ 4 2.7 Â£*ruir.-.uft_ i : 'I ---I-.-T;A 1 ~j r-[fpRAGE, -77 1 1 0 GANA#r_._~ -=r-ZE=-Tl~ ~-I----1 -~- -71 1,11 21 , , , 1 ,Â£:, 1#-5=4 6 -= ,=-c'= 1 TE -11 \*- -- -4.- --11 'll: IL--* - - --J - --- 4- _,__1-- --- 5 5, 4-r~:--11 1, ~--~ 6~> --< ,2- ~ 54(CL~Z#O6~7rn_,1-__-4---41_-1 - T---: --TH=- - ~ 1 1 ~~LS,~ L)---x- ---~ IL--- +'Lk- -.FS ---L- 1 i EL=7906 5? n '.1 ' 1 11, A , FF=~=7. *)6259--7, i 1 1 1 Iji. 1:L -1.-] L _- 93 il/[ 1711 1, :FF il'i 1 E~--3-r=1=.07- AL':b-=20 U 1 1 2- 1.-- 743 1 1 Q 11 Q [ ----L-. i__ __--_ 4- 4_- ._. _ ---, - Â·"LE+IL-ali;,2-Â·===-cl~~. ---â€ž .-- ' CE/LING J CE/UNG f r-;JEL*-=J" COL/NG -~ 9 24:=7%%3 EL=7~f E=7905.18 ELF=k' 965, 01 EL=7,904.98 Id/7,905.01 1 Q EL=7,905.17 -CEIU.VG 1 CE/L/NG -~ $ CE/UNG 1/ ~ 5 1, 4 31 It' A h 1 11 1 F.1 I F~ El-7,905 18 , e -91~,-:El.17,905.26 , 11,\ M 1 1 Â¢ I '11 /1 1 1: /1 11' 1 ' 1. # UNIT D V.1 fi, k .1 i i ' ir -1... UNIT 8 422.-1 1 EL' i UNIT C }L-% tud j |15'.fi UNIT D 'L ---21.-1-4 f~ITA 1 1 FF /1 1 1 | A =7,896 01-~ ' 1 1 FF 1 1 ri - L. 1 ' -7,896 01-hs , 1 121 '-' 11 1 1 h EAST ELEVATION , NORTH ELEVATION . rectiow j 7 (fH'y /5 FEAL,h 1 //0 1 Ue l/& /-114-0.11 /4 1 1 * l f 16 1 c vt, T to *pr Â¥-6 A V mm i l-1_k 70446â€¢,4.19 1 4 fo Â¥- 0 9 PS. I-Â» 1 21_ /1.. 4- CHIMNEY EL- 7, 4 -~ - 9 606 * < PEAK ' N \ I /23=I<.- 1 CHIMNEY / Â» / PEAK EL=7,943.83 ---- f PEAK\ A i= A r --'t EL=-1944.72 / \ i L / E EL=7,942.68 --Vt PEAK 1~ Et:47,943.9411 . ' T.r /9/ - FEL=7,941.69 PEAK -' $ b, .2--*----1 ff 42 0-2299.2-K ..2#~b Sti:WI-*,~47% Cl hY~ g/.2.41 le-uit' (FEL=7,943, / '~ ~"-"l ~*r-~ pB'Â«COUNG Â«r EL=7,942.65 r, 7 Â·-0 .' # - . - .-. -'Â·.12%03Â£i'i-12**19 -f 2* A. CEILING , ,Â¥ ~3313â‚¬fÂ«~*47,-941.DON= ,#--37.-itp)-1:1,~*hi&1<%#. --- 44-4'24-70 1 EAVE ~ ~ /0-EEL=7,939.91 Er=,g,9;#Qf ~4~--' '~ .-'~,3,-I~---Â·9-_--1-,-4 -DEÂ·re.6-Â·.>4-.443*4*,9. ~.9~=~.fl~ < (------JÂ¢I;%1331*fffWi*:IM -4-v~i9~,2~-~~-4- -i -62Lt;,3-fij PEAK 3--1.1Â» 131_4--~ i,i-,<r--- - "-.ir,-~-2'2334-:-2-,-'ile-'Â·R.i.*>*** / .,/1 4 pÂ£*#MUIQ~t Ea=7,931.89 - - ---- - s~i~,-- EL-7 ill. I.--- ntt':6392 -r,7 -> ..... ' . -I... 9-fL= 7.2. ~ i --r- "' Â·1.-: - -= El:f.Z-97.393~4 ~ -_- --~-, . '90 w.'' w=4:Fu-.~i;*fl.=:7,854 .5-1 1.1 6 0 11 M -I--. 1 ,. i. , 1 - .936 6 r' A Â·) ; 1 14 -1 l/' .41 .7...4 A -5 I /Q l -0,- T.- - "~~pmt/*9--- .4 - .-- f -+ - -. r , 9 --â€ž , ,*~ ,~'7~Â·lif&,6EL=7,935.55:T . - -, 11*a u -I'2.11- : 53 -- --'-='ff_f f ---DEF/NG*T., 23.- --1=f_fr--,-"413 1 ' a *t- f--\~rn 1 EL=7.944 ip -:1 Ir-1 -- - ---- i.,1 T.7 Trrrpzfrl :0'9 LA ..22,22,2 -, 1 6,Â·r=5Â£Â«p:52 -12427# -Â°'-3.1-1,1 4 EAVE i CEILING 1 -111 1% 3-7 11'~4-: 1/1' 1/1'[\JII! 41, , ~ f - ~ 174 -7--~ 16 LCE/LING 11 EL=7,934.32 ~~ ~*4Â£ 2-fitrA~t7~L~.~--Mirii '.1111~;J~-1,1~]i~i;DitÂ£~343!-':-31 EL-7,931.92 ll~ EL=7.p~ 11 1 *44,1 r*,-93#*Un-3 -22:1~6% 1 41 il i |i J ': ! ki ~1 ~{1~ 11 'Al,~~-Eft),92# 4 FL\ t.,V . ,~ 1 i ~ A--â‚¬-g * 19_1215,9512199W,P,=2- -6015% i--j -7--f,Â»w-~~ r EAVE 4 B il i ' d: 2"1 " ' 1 24/6'Xme *Imet-- =: I '~ 1 CE/LINglyg- _-__._-14 t utâ‚¬4:-424 ~f,~ 1 L.-9/-.1.-'-1 ; li 'I 11 Iii li 1 la= 7,925.24 ~/ 4 . B 2 +I,% AINE{'4 4Â· 2-91-i- 1%3,t=#QA~-- -fl/TELÂ¢7,921.81 7- - i i f-7 ' R"-1 1 li 1, d ~ _- 1, ~~%~~<~*r- -64- PEA*-- i =42 1 1 --1 -. 11 4 p , 1 41 !1 :1111\ : , + 1 9.4' 1 Iii'' '0- !1.-=- UL -:!: 9-6, ,_ -_-__ at . i -L. ttÂ·: -~~' RA;*lgpi 2--Mt'*01~ilt@-I'lf[*1-21.-~-14--4-1-:4: 1.fv-: ,7.-2:4, 7-4:.Â·,4 Kt,93.-- #<y *17222â‚¬Ppy'*162& 41,1 & '*C z # ==-- -~F E i Ai Â©13 -- 1_r_IC_ .1.Ell--,11711â€ž- -â€ž1 9(Â·y frar-# *-fe-%4-1-tair-Elge-4- --Â»-1 12, 1/h\I L. 4-LU 1!1 - + 0 22 .11 Tai"0- -- - - aleÂ·24Â£I@7,917.38 E-;CDONG--77" 1 /_-g,CCE/UNG- -, 9%71,3144431--LiiÂ»t// 9, Â·-*4Â·--1,-11 utt=-7116.-04: --L--rT--r=Â· lurEGZ915-9'T' , 1% 1...5 1--Â£0*934 ic.f Z----1' fI~TÂ«ff-j~ 372*-25,~Â£f1515.24 2 I= :t I'l' i'-7,- -t'Â·=t---,tri~ 1, 14Â£~~'%$,33~u,bpy--407 ; CE~/L/NG_[/~ 1 ~ . i. r ,' , ----1,1,2*~nv---~~---1-1 1 11\ ,4 8 1 1 4,--=pu=+=_1:- -i--V-~ i*Â£ 1 1[- Â«4 ---t'j-- --ai&21-4-2~ 9-~-..J:--~'grtÂ¥m-8 ,~ \ 1; 1 111-1--to=-f~ *21 l--H j}AÂ¢~Al-#*049 7 J L___] F 2 _~~ -tYU &%CJY-49-9%zyÂ»zygung,4~p=- .-----C-23â‚¬51*bARAGE-- ~-1 -11-4.i'K- n- d 1,1 Imp :, I ;--2, 1 1 ; 1 1 11 4 4-9~Kiki1 E k --Â«- 1-FRAGE_ L_ 7- LI _-i===~-=~aizauic~t@/9.ELS/.vue>72J+Lâ€ž,<141-~42<7-laeÂ·ky#(j#,7--+ te t?;906.59,1-7------.-- Ii' 9 U LitÂ® 44! r .-1 ; 1.r 01 COLING ~ '1 1 i CEILING_1 CE/UNG.~ b EL= 7,905.01 11 1 COUNG f, 5 . EL= 7,905.26 E~=7,905.08 0 '1 1 El=7,904 98 4 | 1 EL=7,904.98 EL=7,904.04 CtiLING_j CE/UNG -~ 1 ~taty, q 1| UAW B 1 UNIT ~A \ UNIT B FF 11 FF i i EL= 7,896 01"3Â£ , | 1 ~- EL= 7,896.01 / 1 1 11 1 11 1 1 i! 1 L I _1 ' I I SOUTH ELEVATION WEST ELEVATION GRAPHIC SCALE SOPRIS -ENGINEE-RING - LLC RECEIVED ELEVATION VIEWS NORTH, SOUTH, FAST AND WEST 1~ CIVIL CONSULTANTS AUG 1 0 2007 NOnCE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL / 502 MAIN STREET, SUITE A3 ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) CARBONDALE, COLORADO 81623 ASPEN AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAY ANY ACTION 10 ft - BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN BUILDING DEPARTMENT 1 inch = YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. Â· (970) 704-0311 24163 08/09/07 24163_CONDO DWG CONDOMINIUM MAP OF: 306 SOUTH GAR_MISC-H TOW-_NHO_MiS co -NEOMI-NIUMS 01702005 - 01732005Â· A-62-6 F- A PARCEL OF LAND SITUATED IN THE SW?/1 OF SECTION 7 TOWNSHIP 10 SOUTH, RANG-E 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO SHEET 5 OF 6 THIRD LEVEL PLAN VIEWS UN/TS A&B i UNIT ~TIE, SOUDÂ·/WEST / \11 1 1 ~ ~~2~W 36.28' af <I u L / 4 11 11 11 N /1) 110 1 2 4 / 1 1 ' 71 , 97 9/4 v 11 3 11 \ , f -- Â· E-- i - i -_-_._4,Ep ------ --drÂ»~'/1 . 654,4,~:4~L,4-171-#~FL-3>~ 1 1-=.-rrlÂ·Eatrn---n--___--mi---115Â»--rurni~2-Lil 2-351-C-2~1316 '~ - Â· i~,i - .- -_~__ -31"_ 1 1 1 :, i ii 1 e I :I,t li,< 1 .L 11 '/ ' I 91 ft -p ---- 46 -42. 4 42)Lif,Wit.,T._1 FS)/f--- =4 -'- 1~-$4627 / 111 4,11: 1::11,1 4 I i./ U b. 1 \\ 11'f I 4--Â·Â·-Â¥.-'- -Â·' ' . ~; ,~ EL=7,934 72 1 ; 1 1 1 ' r. -:- -.#'411; il; vi' 91 1:fl'111,11,1 1,2-7- M --- -Â«f 811--7-i 7-7 -1 4 - i .- ;, -jz[.-~-C i .---4. 41 1 </ .~j~VilTt"-';1-7, 5| 2': 1 ~ 2 ~ 2:if t! 11 1.11 ---21.-CLJ,9,111~,1,111,1.11;11'I,(11'1'~', 1,*IL~~tri, + 5 14, ~.5,1~11,1,1 2~,11 1!~t,Â¢11~''i'1 1 ~ t.~ T: 43 .,1 0 1 0 i T \ 0j' 'ill'"LI 11- - 11 111.11 11 1 , 1/i r 1 -3 .3..1 2Â©73,2,437~32763:'275rb'. ''-7.'12),N-,â€¢5=7-2-yE-Y'Trt'-- -,"' \ I i----- ------ ------*------- -1640'- ---- ----- .------ ,> -- _ , 1 / CEILING 'fl 1, 1, -- -f--*---Jt,tl- 111;-- 6.1 1 *-i; 1,11,1,~~--1 0~ 1~ belp- 1~1, 4 ,# (2,1~~,,i ~.Dit-13--34->C====-==-= , 4 2.89' >v 1 --/4.---- - I. I. . I~-1 -- 1.- .- .../1--- - - i-1, 1-: rl'L -, -4-, 1--1 1 - 11'L, 119-7/,-4-1-1-re--41 â‚¬ zâ‚¬E/LING 1. } r\ EL= 7,942.42 / \ -fii-1 l.1-1-1 -- 1 i - 1 L j r 7-, , 1 -- - EL=7,934 42~ Fri...1 70/ - -:-=-- _u-L--~z-_~ --~ --_~fili -;-t-~~_~ --~-FE---1~ --- - j -- -- -1.---L- ..IL--03â€žH-[18_3 +242--1~22 i _i -, 1- rl ' 4.-1 -I ,-4- ,- , \ 1 ''El\ -ff--- 10 ./v. r.4 1 1 \ lilli - . 6 if - 1 1 , *14â‚¬ -- COUNG \ - - -_3 -1 ru EL= 7,940.97~\4Â¤ .- -11 NOTE: AREA OPEN . ' '#2 1 1 / 11 \ ~ TO 2ND FLOOR/1 1 3 %\1 1 -3 i . i div I -- - 4 15) 1 It / L.< / b 1 - - - -- / LCE!UNG / 1 \ 1 ----- 1 [> / 1 1 1 ======- -- I - 9 / EL=7,94217[ 1 r boyj - - , COUNG-- ' -=24 -- -r-- 9--11 ur 247-777-7-- rr~-z-"r,T -râ€¢T~Â·77-'7 /3 1 tB --_- - W-- _-- -- 1 -2-9 -- -d- 1 - .--- - _ --' - - 1 - .I # - l. I j t/j 84422662262'LLE* COUNG EL=4.~~%&~~&257,~~9297%6-~ - -* - - 1 -,1 *_- / _47 Y *K/, . 4 EL=l,939 67-443 a 551 0 - )1 /1 Unit 2 4 - - .i -- h J '- }.-4 I ' 4 IF --- * DN/~ M N r LCE } W-' _ FF==7926.57 <i .Lf 1-7.-7-7 T l. 9 2/ m 9 Unit JÂ¥r-- 01 - -- - 4. 4 1 1 ...._ - - 2 1.- 2 - 1.- L. ---- 1 - fl-J-- Ki-i~ 42 1 '6 - - 'i ! I. I #a 1 7 4 K / 5'42326379< - , r- 1 3.Dim-- --__ _-trip 4 E , CEILING - J 9 4 1, 4 1 A / 4 11 ~ EL=7,935.65 1, a lilli 8 CEIUNG 9,1 Fi . - - -- -5 4 5, x 41 EL=7,935 6; 0~ 4494/, r y. j - I _ ' D .- -1- r-1 1-31 0 ' 7/0 qÂ£;UNG - '14 ':1,0 =-= 1 \ 2-- -- = -- r - -1 - - - 1- t-L -3 FIL -- - -' 1 7 , \ 4 9 g-EL=7,934.72\ - 09 M 2 15.06* 1 1- 1 - - ., -, --- - L -,31---1/1 it- G, 991 UN/ 1 1 10- -2 -3- ----2-7--_ -1 ----1- - fÂ«-2-9 E-ilf --- --Unrffj r.Â»-131=fif ir-i---f-Â»=R_JiHO-- ...... 9 ~~,,45'4' 4%/7/,fUÂ« UÂ°;4) 4 CE/LING _1=.--_- rm' - r -2- = -2- r -3- 7 KL---2. :--1 t-Iz--- - ' - - n ...f '--, - - ~ r- -4~1~~--_; ~j=~-~ 4,1 0(11,1, -Â·cu,t-_t-n:n~z qt EL= 7,935.65 1 1 .j.-(_r j-L.1-~~-i D i Ul 32 4 1-' f. - P '--2---32-4. -1-rti -:33 - - - -4- ___-2-_--1.--1- ----fitli -1-~140~-I---I -El---2 5- 51-+4 - 7-- -- -- - - 14 ..r,', 3 LJ -I- 441 k.1 'pif . 1-1 -c' 1- =U====1==-1-12==Li 77 f# - -- - 4 --- - - / - - W t E> ...3,~ff~. 2-94 -4{-'Fi~-[-(a.J - Pr, 1~! r i,-1 -. -1 1 - 62. ,Â» ; CULMS 1 f==.2- 2 - -r==In---1'--- --5* ' in-16-1111.7 1 11 lili: 17 1,1.11 1,1'1,12 1., 11' 11/ 1.1 ;'' 2,11 21''CL. Eli .4 r-- =i=-21-1 11 CEIUNG -- DN/' 4"' D b 2 90' -/ EL=7,934.66 \~ a . -, --f~=7,933 94 1.7 â€ž~773&747*i,~3 -f[i --14+<1*gi ST :,1 4 1112 -,1-1-414_14 - 1 4.- 11 ~5 i ,~~ ~ , '5 ' ' , ~|' 1 | ~, I ' ,~ L hi. ,-i-r 1 1-1 -r -r~ ri-.-1_~A- 7.-, 4/ 1 f 1,1' 2 'i '4%1 1 ----------- 11, , #frout - --- 'A, 1- 11 1 1 * 6 I LU '#; 11 LLU ..a L.L.U..1 0 2. : 1-- -4,4Â£.13,1 1-111â€ž-,-L rt-,1 - 1 ',: 1 1 11 1 1 : 1 1 I i i , ,~ , 2 1 ,' â€ž ~71.22 -- --=- - -1 -7 | | | ~-7 -J- r T-r--,1r--r-LI-'r~ 7 l,-7 -4-1--4-rd-el-*-14-~-74-~4--Lf L J - -1-44'-3-,-p 1 .11 1 7, .i' CI~ 111; CEILING n CEiUNG D *il ,1+, I,~1 ~%,~iril ''11, 1*1''jl,J 1 1/ -11 F-EL-7,938.91 :/3 1 t - 1 --m- MA=J ~N=7,942.317 ~ - |~ A i| -- 21 17-1Â°- -23 Â« - ii L 0 1, 0 I ~' d 4 Â·7.*z_- \W// O 4-4 11 11 / P I. -t- ....7 i $ U , 1 L.> I 161 1 :1 I 11 4 - 9 /4/4'~94 il h V L /4 li\\. C> 91,0*'r' 2 CEIL/NG CEIUNG \ LCE ', c i =2 -~ i 43 22 , 0 *tu*â‚¬\, 4 4 n =7.935.59 EL=7,936.95 1 A 03<t .4297 .1....i:ncrt WI Un y u ' *11 Li Ak# A 1' ~M:~.11,~~:~rp- 1 '' V CEIUNG - 2 1/ !11 77 ,Â« / 1 EL= 7,936.49 u 1 / l /\ - D D /5 1/4 4 ~.377 J , ,-.A ~ * ~ e, * '44 - -00..0 I.itrs.- --//,/ '9 4 -- % /V LCEA ===-=22=11 .34 -/ 4~ - Â» 1 p EL=7,934.66 CEILING - /31 CEILING - + 2 Unit A D P, a 7.7, , ~ / ...1.61/ EL=7,934.01 4 BUILDING .1 .\ 1 1/>- 4 DN/ 2 , 1 1/, 14 0/ FF = FINISH FLOOR D 1 - -- -3- g#601 +42tb ylly L-- 1.09 2 CEILING EL = CEILING ELEVAnON 1 el fi * / LCOUNG 4 SEE SHEET 6 OF 6 1, EL= 7,937341 5 39 CEILING I .11. 1 VI - LCE = UMITED COMMON ELEMENT * ~' ~ / \DN 4 EL=Z936.54 ~ 2, ~34.59 -2.4~ ,/ /,461!RI- 1~ ~CEIUNG CE/L/NG plâ€¢â€¢1- Elev 1 N14'49'55"E NORTH-SOUTH ' *l= 7,934.71 23 16 326="'24.Ott'ltl-=7,934.64 94 11 6 03' 'r- , INTERIOR WALL BEARING '0~ ~fi~~2~f~-It,- 1.9', 4Â»>'{35%44.4,-,44% tfUKa<Â»ff-=s~- -I---~9%134%0~Â°> 18 30' INTERIOR WALL BEARING \\ I S7510'05"E EAST-WEST ' 1 11 1 1 1 r.-2-=2=12=- 47 14"~,j, 1 11 1 1 1 .\\\ D //,4 051 1 1 1------ - 9,4 ; 11 lill' 1 li ExWON"&22'*,UNGâ„¢ 1 1554 1 1 1! 1 1 1 111 1 -7 ------Il : c, rg 1 11 111 1 11 11, \11 S7510'05"E EAST-WEST 8 1 293*=3;*W, ' 1 1 , ' i , \\\ l' 11 //64.-24.-Uu:L,-Xuzzl d ~ ~ 0 ; ~ j EXTERIOR WALL BEARjNG A :1 61 11 iII 1 11 -1 N-, 1 1 0 1 .4 1 11 \:\ 1 L di~ 11!.0 a ~.1 O ~ ~B In O 0 0 ~ PLAN & ELEVATION VIEWS ARE FROM , 1, 1 4 - 3 11 R A t 11 511 '1 1 i ' 1 1] }1, 1 ARCHITECTURAL DRAWINGS UPDATED W/TH AS-BUILT DIMENSIONS AND ELEVATION INFORMATION. ALL PARTS OF THE PROPERTY, GROUNDS, t IMPROVEMENTS, INSTALLATIONS AND FACILITIES WHICH ARE NOT INCLUDED WITHIN A UNIT, AS i * Ome 10 SK, 41-Â£ r - THE TERM "UNIr' IS DEFINED BY THE DECLARATION AND THE MAP, CONSTITUTE EITHER GENERAL OR LIMITED COMMON ELEMENTS AS THOSE TERMS ARE DEF/NED IN THE DECLARATION ANY AREA NOT IDENTIFIED AS A UNIT OR LCE IS TO BE CONS11?UED AS A GENERAL COMMON ELEMENT (GCE). INTERIOR COLUMNS AND/OR WALLS E-K (STRUCTURAL ELEMENTS) AND BUILDING UNLfnES, IF ANY, WITHIN A CONDOMINIUM UNIT THIRD LEVEL PLAN OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY RECEIVED INTERIOR WALLS HAVE NOT BEEN EXCLUDED .,----t--*-N- FROM THE UNIT SQUARE FOOT CALCULATIONS. GRAPHIC SCALE SOPR-IS -ENGINEE-RING - LLC 16 CIVIL CONSULTANTS AUG 1 0 2007 NONCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 502 MAIN STREET, SUITE A3 ASPEN ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ~ ( IN FEET) CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON BUILDING DEPARTMENT BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN :. 1 mch = 4 ft ~ YEARS FROM THE DATE OF CERICAnON SHOWN HEREON â€¢ <970) 704 - 0311 24163 08/09/07 24163_CONDO DWG L -1 -1 1 17 1.3 - i -17 3 --- --- -- --~ ---14-.22'-- - - - -- - --'--- - CONDOMINIUM MAP OF: 306 SOUTH GA_RMISCH TOW-NHO_MES CoN_DOMINIUMS 01702005--01732005. A-6 Â»'C A PARCEL OF LAND SITUATED IN THE S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 4 OF 6 SECOND LEVEL PLAN VIEWS UN/TS A&8 GARMISCH STREET L PROPERTY BOUNDARY i -PROPERTY CORNER, 717- ' ~~--=~~" UN/T UE St)O*/WEST CBUNG P DECK Mi 1 1 1 YL= 7,932.11 1 1 2 LCE Unit B b 2 1 : \BEARS S1974'42"W 87.93' ://6///6 -- - I .1. SL:../92&.ILL,A.4'~ ~~~ 2..Â·-- - - ~Â·: Â·rl OMM---Â· Â·Â· -Ii -_ - u. I ' 4---14/NG 0\,_Ch/LING - -19.03! , 1 ~~~ ~~ ~ ~ 1. 7., 15 63' Il 9.12' .,4.*...1.5. Â·. TKI.\ : 111 \Na47,934.75 iÂ·4, EL=7,934.90 i t>-f + i ----w-~~'---- -:----------- ; I i 1 1 11 140:0~ FTTJ:,4.1233.~2.-j::' w '3 0 L. * | | i \\I! UNIT .TE>Â· SOUTHWEST ,~ C:*1 ieee.~.v .:1;''~'i>,4 60 11 1 1 '- a 1 1,/ . ./ EL= 7,934.56~ ,Â»41. ~ ; ; 01 ~ 0 /1\ 71 lilli 1 ULT \ \ 4*-PROP'ERTYÂ«CORNER. / 1 1 1:i AG, 91/ 4., 00 /CEILING 1 0-/ .IL lk,-BEARS S6495'010Â£.8.93* ~22*Â»-29 1-~rt--p-=*-r>=ip.-= --- -=-a-n~:~27F ' - , //h i F ~ I Â·Â·' ' I i I ii ~~ ~~'' #5 .~| 1 ; 1 ~IrcE/UNG O, 412: . EL. E / 1 # I i ' .--....2....._._..2._.__.....L.......1 EL=7,926.31 ~~CE/UNG [ 1 -____- ___=____, 192' <24Â«6296 1 1~ EL=7,937.48 10.78' i 1---- 16 ! I 1 COUNG 1 il -/., UCEL/NG || Â·- | i | EL=7,939,86Â£)N~ i Ljj EL=7.935.55 - 4 , 11 - : 4%151 i 1 2 111 1 1 1 421 4 i P ' 1 1 1- 1 1 *09,12 , i ' CEIUNG DN I>Â«24-'2 NEL= 7,941.00 /- -7,1 :J-1 11--.--,-.1 4Â«603 29984 Â«Â»Of:d 24EILING 11 , 1 EL= 7,941.O~N 1 1 ''\ 1/,14 /1 iÂ· i L 1 14<01 1 CE/UNG ,91.12' 4 i !6 . 1 '29 EL=7,925.21 I Â©i,3 ,<. 1 1% CEILING 3 '-: EL-7,93725~ i I 6,1 40... 55 lili / 1.1 1 1 2 I iii / CEILING / EL==7,937.48 EL= 7,926,11 CEILING..j/ 10*-CE/UNG ! ==~ ~N ,~ / EL= Z 939.91 - i i 24 / / 1 1 \DN I -Ut CE{UNG / i. , CEILING jA\-CE/UNG i ~ E /EL=7.928.76 EL= 7.932.3' \ |||| /~UNG ~EL=7.934.90 CEILING / COUNG *DN Up / 93 I dj ~--a-7,934.75/12,04' EL= 7 934.81-\v ~ EL=7,937.25-1 r.-1 . 13: if=- 2 *UL-Â·--1'~ ~~' ~~~ ~~23220 --12_22-32 .-Â·i-In, I X) 1 j ~ .P i.5 1 13 r-1 1 CBUNG 11 LJ 1 L/, Unit /1 9 EL=7,932.11-/ M (0 -*i.. ./ i :- -1----- b. CE/LING M FF=7917.40 4- EL= 7,926.06 * 2 1 1 0 !| 4 - * COL/NG CE}UNG 1 1 CEIUNG 1 X CEILING ~- - -~ f * A 01Â£9 i! /-1 4% : ~ 01 I~ EL=7.93Â£Â·.31 EL=7,934.26 . g i 1 â‚¬i EL=7,925.21 Â· 9 0 (El / COL/NG ~ ;El=7,924.06 i f M i EL=7,925.26, I \1 5 1 \. I 1 1 1+. ...... I 1, P. / \ i ./ 1 1 1 1 1 Y COUNG \ . \91:. , ' \ COUNG EL=-7,928.77-' // Il, 1 45 CE/UNG \ / 1 \ Â·Â· L JIKE - ~-i EL=7,932.16 8 10.20' .,0, 1 1 \ EL= 7.925.26 1.0. , 11 v r'LCE]UNG t 4 EL=7.934.864~ ; 3 L 1 5 1 1 10.49' 7 ~l|~ CE/UNG C 1 ___ -- .I:- l!;it/fliflifTE, --+-- <, Ti;rÂ·777,f/cl77777,~frfrmmTff-Al,{titiftift,j::,,4,44,4/flilly?,. X\ 12.49' , ; Curt==* - '10.18' 1 - ' : . 1 / 1 \FL= 7.921.14! 69...Â» \6. 1 1 . I 0 ' 1 'Â·i 1 1 /,Â»*040 / / , - r. -K---I--1 -- Il ., .*I /3- 441\X J. 1 3 / 4 0 ~ CE/LING 'i- CE#UNG f p. 11 7/ : EL=7,925.21 ,-, EL,7,925.26.21~ ~ ~ ~4%~1\,41/ 3 5400:24%2 '.. ~ 9W40kB~ 6 9 >51 i IN' 1 // 7 - . 1 i 1/1 0 % 1. I PRIVATE DECK COUNG h & 1 CEILING CELING CELING O CEILING 1 LCE 9, j \ ~ EL=7,925.06 ft! 1 >, 7 EL=7,925.19 1 | EL=7,926.11 9 EL=7,926.06 1 Cb EL=7,925.24 40 1 \ Unit A BUILDING -< i. 1/: 4. 6, / ,/ 1 FF = FINISH FLOOR RE ! 1 ~-- 1 8 .. - /* Z/\A /VUP Or'U. A COLING EL = COLING ELEVANON - - 5 4 SEE SHEET 6 OF 6 _i i ~ Â· k<Y4-40 f'. /I 7 rT-4, 21 P11,0 Ptâ€¢ikf . 6/9 1 0 411 1-1 7 LCE = LIMITED COMMON ELEMENT f 4 1 4451 1 1 !/I 1 i fit 2. N14'49'55"E NORTH-SOUTH ' CEILING I INmmOR WALL BGBNG 2 /4 55.4.\ :Â·: EL=7,925.26 1 S75'10'05'E il INTERIOR WALL BEARING / .P 1 7 \ 92 9 1 t 9 \ N14'49'55"E NORTH-SOUTH Â· 7 4 . 4. 1 1 0/ 0 Al 2,3.04' ~ ' I 2Z18' , EXTER/OR WALL BEARING 10.1.81.-Â·Â·,A 0 ~ ..A A I . .+._ ~ .. 8.'1 i42Â«Lf///.'7/402=4::moO~27/Â»52<2<.4Â«,lp---Â·--+lit,------Â·-19'.2//24' - ' ~ ----Â·---1%%6354Â©~2.'*,~.,..~-,~57~.1%3M6'.~i,,.ip----------Â·Â·i~~:~:'.'~~~,*.%~'~~~.~.,~ftÂ£#--------H?'1------M~.~.',x#ff' .>.-1,Â·4:...5. .2,Â· : 1-43/-Â«,~ ->M--/7.. S75'10'05"E EAST-WEST .\, l i t / / ) ? t / i ;, i } # 1 9 j j . ' l i l j j j i t / l f i ; / / f t / j i f t ; f f 1 A 411,,1/11, ... -TI Elli, EXTERIOR WALL BEARING PLAN & ELEVATION VIEWS ARE FROM ARCHITECTURAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION r PROPERTY BOUNDARY INFORMATION. ALL PARTS OF THE PROPERTY, GROUNDS, IMPROVEMENTS, INSTALLATIONS AND FACIUTIES WHICH ARE NOT INCLUDED WITHIN A UNIT AS THE TERM "UNIr IS DEFINED BY THE 0,4 T A Pâ‚¬Ok 2 Ap DECLARATION AND THIS MAP. CONSTITUTE C . call,1/6 4 LGÂ¢Gl- EITHER GENERAL OR LIMITED COMMON ELEMENTS SECOND LEVEL PLAN AS THOSE TERMS ARE DEFINED IN THE DECLARATION. ANY AREA NOT IDENTIFIED AS A UNIT OR LCE IS TO BE CONSTRUED AS A GENERAL COMMON ELEMENT (GCE). INTERIOR COLUMNS AND/OR WALLS E-K (STRUCTURAL ELEMENTS) AND BUILDING UTILITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED RECEIVED FROM THE UNIT SQUARE FOOT CALCULATIONS. GRAPHIC-SCALE SOPRIS ENGINEERING - LLC 4 16 CIVIL CONSULTANTS AUG 1 0 2007 502 MAIN STREET, SUITE A3 BUILDING DEPARTMENT AbPEN NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 - ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAY ANY ACPON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 inch = 4 ft. (970) 704-0311 b YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 24163 08/09/07 24163_CONDO.DWG T 69 10018 13114 HYMAN AVENUE 14.84' CONDOMINIUM MAP OF: 306 SOUTH GA_RMISCH TOW_NHOM_ES CONDOMINIUMS 01702005-oil. 02005./40% E- A PA-RCEL OF LAND SITUATED IN TH-E S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. CITY- OF ASPEN, COUNTY- OF PITKIN, STATE OF COLO-RADO 1. 0,#,d 'a 192 f SHEET 3 OF 6 GROUND LEVEL PLAN VIEWS UNITS A, B, C & D Â¢ . Â£*64 0 1'01*1 2 PROPERTY BOUNDARY- GARMISCH STREET 1.1*Â¢ ) ti D/4, 14.36Â£ - I ! 14.18' i ROOF F OVERHANG ,/ ' LANDSCAPE AREA i w u 1 1 2 LCE Unit 8 - LANDSCAPE AREA 1 + EXTERIOR ENTRYWAY/FOYER LANDSCAPE AREA 0. LANDSCAPE AREA i8 EXTERIOR ENTRYWAY/FOYER -- LICE Unit 8 LCE Unit A LCE Un/t A 3 i LCE Unit A 1 1 . 'I - LCE Unit 8 1 - ~ 1 SECOND LEVEL DECK i .i \ i \ SEE SHEET 4 OF 6 1, 2.89' . OID 2.81' j ~ ~122.9--~ 1 ' ./ I I. Il. i- .i. il . Il.li'.-.. I I I.-... i i L.1 1 , , 3,33,., 4--22-,- 3=~0'-f'Â·9-':..HL..--fÂ»%98~Â»99+FfÂ» 3{ + n ' 14.80' \ lo ' 1 1 -\\1 11 / .0.- 1 1 +11! UNT UE, SOUTHWEST PROPERTY ~ .1~ p 01 . 1/1 1 15.8>' i i $In bm .1 \ LCE#UNG" iq = Oil F.~ * CORNER, BEARS S19'00'13"W 93.08' ' 9~ 1 1 lili 1 1 4 ~ UNIT 114. SOUTHWEST PROPERTY El=7,914.75 1 1 1 1 i : ! 1%11 1 M bu 1 I 1 1 * 1 1 +41 1 1 0 111 : CORNER, BEARS S63'44'06"W 8.96' ,/ : ' lilli 8.56' i 1 ./. 1 1 Ill,1 , ' f.019: 854' -r -34--- --1 /L Â· li ~---- -- ---~ ~' ~ -~ T-v T7 T , - \~(MugurS--i-M.41-El'TUILE-- ~ 11Â·9-r----_Â· grIT, - - 41 ' i | i i I : ! 1 1 }Ili!.!i~ 1 10.71' ~ : u.. i 10.04' / 1 \\ 1 1 0,8, 1 1 4 N.': ' ti<; 1 .lii!11 9 0:,1 1 k i. i / 1 - in \ 8 ... . 1 - 0, IA t I liti!111 Unit B Garage --%0 ./CEIUNG Unit B i < rfÂ· 7 2 1 1 LCONCRETED> 1 -//// ;1ZXL,1 ,.: RAA \ ... ; ~ CEILING h.2 A ,4, , ~409' \\ i_.---/ EL=7,915.94 FF=7,906.59 , -%33 1 2 \.11, A .0/ 41 I ..1-Â· ..1.4'./ ./-2-- i , *., Il=/Wil.UÂ· â€¢,4-4,//JI: 'i, Unit A 0 EL=7.916.04 ; 1 Aitly, \\~ OR/VEWAY l . ; 1 --\ FF=7,906.59 EL=7,915.99 11 E--I-. 11' 1 M ! 1 1 h 1 ; [0 __ _..~__....._--.GARAGE_CE/L/NG.---_--.._.... . -__--...._..â€ž69.'hi ~~ co . O \ 1.2122,6 EL=7,916.07 CEIUNG / ~._UNIT TIE, SOUTHWEST PROPERTY / EF EL-7,915.031 // CORNER, BEARS 5397332"W 28.16' / 41 - 4 tl \ ' ' ' f L EL=7,906.72 ~- 1 r. 11 1 : t 1 X / E & 6.-----#74 LCE Unit B - DRIVEWAY AREA i 1 <Â·r'r-rar,;94,7-7'Â·Â·â€¢r:rÂ·-:1Â©Â·" -71 .---7- - â€¢-~ - ~ 1 i i...I.iÂ·7_ul..... 1 ====-4 -> 35-\\\ 44Â£_-.0.--.-1:"1.--.-4 tiÂ·.1 F,1 ~4 '1 // tl I D> t' t.1 \ Ai' ' 4 4 R ' EL=7,915.91 1 i CEILING \ / il EL=7,915.\96 EL=7,915.97 | i:1 03 24 Â·Â· I i, EL=7,916.11 h ~~~--. COUNG / W.--2==; L.1-1 ~ i V i .Â·21 t--1-Â·*... MNDOW WELL & < z / 23, 5~*--/41 ~ ~* / \El==7,914.641 f ( 'ICE/UNO - f / / V k $ CEILING '; co .4 00 / 1 ~ i EL=7,916,06 g 2 6 LCE N ! 1. 1 -1 R&ZÂ·:Â·-â€¢nme*L---NoÂ·:rÂ·~en .., A / .: i i--/CBUNG \ CBUNG ~ ~ COL/NG 1 'Qi FL=7,915..99 1111 COUNG '9 CEIUNG 4 COLING ~ 1 ---*~L=7,914.96 1 EL=7.9~496 g EL-7,915.01 ,- ,.~*-e \ fliqunn Ag 2, N / 1 1 ./ m 1 f;:,1 -%# <-. EL=7,914.58 ib EL=7,913.63 1,4 21=7.914.70 '~ 1 1 . -_< 0 __~_-_-__ 18.95' fi.L c-*.__-: . . . - !1 1 93 COUNG ' , CEIUNG ' 25.89 4 0.--, , 1 11 U L T-- - R~ $ M 4 4 fj. 13.88' .0 13.64' I i 'CUL--21 1 1 1 I 3 2.90' -2 4.70' 11 -tb .. * ..- i 19.38' I r P 24 F 1% EL=7,915.23 _ f ~ EL=7,915.23 .3Â· ' LCE N E /- Unit B & 11 / 1 1 1, :. . 1, /1 111 1/- - I 2 -::1 h 3.76' ' A. 4.70' 2' COUNG /// j 1 t2.20' ; i') CE/UNG 4 .. v 6 . p / 1 % EL=7,915.24 :' 1 i / 3 EL=7.915.99 / \~\ CEILING ; i Â· . CE/UNG 4 1 i ..bÂ· LANDSCAPE AREA A - , 1 1 1' / 11 EL=7.914.94 : 11 / 6 ' 3 --Â«--Â· t.- p '-- i LCE Unit A --: N -1 :- C EL=7,916.04 / k h./ / COUNG 1 1 mu .Il 22:25Â»~-6:9]:Â«41/ 1 1 a=7,915.24 W/NDOW WELL -1 ' ' '' ~ ; 1 &05' N..:1 8 COLING 1 i i u r OVERHANG \ 6.99' 407 11 0 4 ROOF 6487' L - [__- __...-__' .. 1 -1- $#* N. O ~ EL=7.915.24 4=--- - .Â·Â·' \ D> 1 1 1 - . 5,4 . / J - 33Â·-,-uÂ·Â·rÂ·LÂ·wÂ·fÂ·,TÂ·Â·,Â·rmceÂ·â‚¬,r'73:Â·Â·r:~,rlt~-Â·-â€¢:; .Â· ~,., .. : 77Â·-~:-mÂ·~~'eM;-'Â¤"-7Â·27:~ 'Â·'f + M 1 i.- EL=7,915.91 Unit A Garage ~ , 1 COUNG -- LDRIVEWAY AREA . ~ - s- j-- | COL/NG Â· - ~CE/UNG - lib ( Â· EL=7,915.37 EL=7,915.89 LCE Unit A ~ 4 Nk t> FF GARAGE COUNG - to' ~ ~ '' t n 97 1 EL=7,906.71 ~: i i Â· \ EL=7,915.91 './ 11 \ Â·00 - Ch V.v. 0) / Unit D 1 1 11 ---- ' ' 1 / r \ 1 FF= 7,906.59 6 < <> dâ‚¬X'.4;Xy>AN CE/UNG , r 1 4 _Unit C ' \ 1 / 1 ---- ---1 r~ 4 b'%, t. ..1. A. 4 A EL=7,915.89 1_ CONCRETE - 11 ' FF= 7,906.59 1 ; . 1/1 0 . .04 - <24, --3 . DR/VEWAyl :-5.-: lit , 4. -, 0 vt- #. I 11 H i 'l 7.31' eÂ¥-7 , .' 1 i i i Â· ~ '6' > GARAGE Â·i < ; 1 -7....-Â»-4=L. ... /,2 \. 1 , 7, a S3013'31?E 1.32' -0 t- N3010'05"W 1.70' 1 I 1 7.32' ,\ ./ F & ~ JI OPENING 7 //- \ to 49' 1 - --1 â‚¬ . 1 Al , 4 BUILDING UN/T TIE,-.SOUTHW'EST PROPERTY \~ U> 1 1 /1/ 1*2.Xed/14% bt# / COR~ERI BEARS S83'30'55'W 49.95' 11 / COUNG 3 - FF = FINISH FLOOR \3>1 f & /.k-/ ... ~ ,~ -,/ EL=7,915.24-/~ M - CEILING EL = CEILING ELEVATIONI 19.38' CEIUNG , SEE SHEET 60F6 6 ~ / 'id - i~,&01,3.All A, 0 1 (- ....~.27(1-2-2~21,3~ .--w-<7.76~UU<4*31 '~~ -c'"---Â«inuai*rapit~~ h-,6,32'.Vt@ EL=7.915.92 PO . 5,7,1â‚¬12* N . LCE = LIMITED COMMON ELEMENT . Â· U> 91? ..AA H L.*/V Â£21 1-E --ir: - ~ a 1 5,35' 1 4.70' Â· 1 4.wl, 1\ 4 1 N14-49'55"E NORTH-SOUTH Exn*OR 'PARKING AREA \ t~> ~ .. LCE Â®4~*, ~ j !~ LCE N 11 ?.1 4.----. . t8 CEILING A < L CE/UNG - INTERIOR WALL BEARING LCE Unit D \ CE/UNG EL=7,916.00 $.4 ~'T ED LCE ~ , \ 1 . q Unit 8 o iG Unite &Â·h ! f' ~ ~ 4 - EL=7,916.06 Â·',I ~ ~~ EL=7,915.37- #.CE/UNG p ,; 0 Unit D qi EL-7.915.24 ~ 5.36' 4.70' - '3 4.90' 1 S75'10'05"E EAST-WEST ZNTERIOR WALL BEARING t> -Â·----------Â·-4-sa '---r----Â·- -----i tÂ·.,~0 ------- UNIT ME, SOUÂ¥/WEST PROBERiT Â· 4;, ~ -fre' + : ,r 1 5 0941 GCE ,-,- a m X ... 1 , py 5 r 0 7. 441% --g,CORNER, BEARS 567'08'.51 "Wx68.85' ~ COVERED ACCES+~REÂ© t> ~ CONCRETE 1 N14'49'55"E NORTH-SOUTH 4/ ECE/UNG i EXTERIOR WALL BEARING a b . CE. REL=7,915.34 " CORNER, BEARS S50'30'48"W 93.66 ~ #. ,~1:/%1 - LWDEWALK~1 1 1 d 9*FUT L '~ 1,1,1 UNIT TIE, SOUTHWEST PROPERTY -~ i 00 .11 1 16 S7510'05"E EAST-WEST 5 2 '.-:45-*- le=7&=7*.- / .e . WINDOW WELLS \.NEL I 0- 414 7-Â»,V-p.- N / 1/J , 64'/ ~WNDOW WELL 22 { 6 LCE Q:15. \434/ EXmRIOR WALL BEARING â„¢tr///PIN Â»,5.N -: p. Units C & D w :1 â„¢ .--. . -.,-- ...... â€ž-...... 14..42-'-..0-... --- -,--,-. , ..p --7 - U 0.- . D> 1+Lt> a p \\.,V.'/ 4 12.7*4 7,1/1 Yx., 1 EXTERIOR PARKING AREA ' Niwivjet*- . re - Â· PLAN & ELEVANON VIEWS ARE FROM /1 LCEPUnit C .# ' 9'N 1 - ---~- - ''~~ ~ ~'"~~~' ~ ~'~ *--- -------~''-----------~-'~~7911.-- -+4.. ....5 21' ---~--~ 1 - 4 LLI ARCH/TECTURAL DRAWINGS UPDATED WITH ' L CONCRETE- 2 ~ -. .. - . - ~ > AS-BUILT DIMENSIONS AND ELEVATION ; S/DEWALK ~ 1 1 6 > ~ GCE 11 TRASH ENCLOSURE :1 1 INFORMATION. ~ 1-J LJ /LEDGE oF CONCRETE a. ALL PARTS OF THE PROPERTY, GROUNDS, EDGE OF CONCRETE -4= ; 4 4 + ~ ~ =PRAPERTY BOUNDARY 21 ~ ACCESS AND LANDSCAPE AREA ~ IMPROVEMENTS, INSTALLATIONS AND FACILITIES t> , WINDOW WELL--~' /- WHICH ARE NOT INCLUDED W/THIN A UNIT, AS t> I . - THE TERM "UNIT" IS DEFINED BY THE # 1 1 E DECLARAT]ON AND THIS MAP, CONSTITUTE OTHER GENERAL OR UMITED COMMON ELEMENTS AS THOSE TERMS ARE DEFINED IN THE DECLARATION. RETA/N/NG WALL j AND FENCE ANY AREA NOT IDENTIFIED AS A UNIT OR LCE GROUND LEVEL PLAN IS TO BE CONSTRUED AS A GENERAL COMMON / ELEMENT (GCO. LCE NOTES: INTERIOR COLUMNS AND/OR WALLS 1. LANDSCAPE AREA LCE UNIT A AND UNIT B. 'THE ENCOMPASSED LCE AREAS ARE FROM (STRUCTURAL ELEMENTS) AND BUILDING E-K UTILITIES, IF ANY, W/THIN A CONDOMINIUM UN/T THE PROPERTY BOUNDARY TO THE BUILDING EXTERIOR FACE BETWEEN OTHER LCE BOUNDARIES. OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED 2. EXTERIOR ENTRYWAY/FOYER AREA LCE UNIT A AND UNIT B. IHE ENCOMPASSED LCE FROM TUE UN/T SQUARE FOOT CALCULAT/ONS AREAS ARE THE CONSTRUCTED ENTERWAYS FROM THE PROPERTY BOUNDARY TO THE BUILDING EXTERIOR FACE. GRAPHICTSCALE SOPRIS ENGINEERING - LLC 3. DRIVEWAY AREA LCE UNIT A AND UNIT B, THE ENCOMPASSED LCE AREAS ARE THE CONSTRUCTED CONCRETE DRIVEWAYS FROM THE PROPERTY BOUNDARY TO THE BULDING RECEIVED 7~4 EXTERIOR FACE BETWEEN OTHER LCE BOUNDARIES. 16 CIVIL CONSULTANTS AUG 1 0 2007 4. EXTRIOR PARKING AREA LCE UNIT C AND UNIT D, THE ENCOMPASSED LCE AREAS ARE 502 MAIN STREET, SUITE A3 THE CONSTRUCTED CONCRETE SLABS FROM THE PROPERTY BOUNDARY TO THE ASPEN NOnCE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL BUILDING/TRASH ENCLOSURE EXTERIOR FACE BETWEEN THE DRIVEWAY AREA LCE UNIT A BUILDING DEPARTMENT ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHiN THREE YEARS ( IN FEET) CARBONDALE, COLORADO 81623 EASTERLY UMITS (EAST END GARAGE OPENING) TO THE CONSmUCTED RETA/NiNG WALL. AFTER YOU FIRST DISCOVER SUCH DEFECL IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE lHAN TEN 1 inch = 4 ft. / YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 24163 08/09/07 24163_CONDO.DWG (970) 704-0311 '0*'*t 69 10018 13114 3 ..,98.0 AVENUE 1 1 0. d CONDOMINIUM MAP OF: 306 SOUTH G--ARMISC_H TO fRN HOMES CONDOMINIUMS 01702005 .--- 01732005.40.22)L A PARCEL OF LAND SITUATED IN THE Swh OF SECTION 7 TOWNSH-IP 10 SOUTH, RANGE 85 WEST OF THE Oth P.M. CITY- OF ASPEN-, COUNTY OF P-ITKIN, STATE OF COLORADO SHEET 2 OF 6 LOWER LEVEL PLAN VIEWS UNITS A, B, C&D GARMISCH STREET ~- PROPERTY BOUNDARY . 'ola 40.62' 12 Bl ' 9Â· 33.57' 9 MI:! i 1 U , / 14 lili IiI 1 0 *i 1 ! 1 1 1 Ir r. :!1 | UNIT TE. SOUTHWEST PROPERTY ~ 1 5. *1 1 ~ CORNER, BEARS S19*00'13"W 93.08' Â·. Ce#ing ,.,-u. el i-7--Ce#ing 4 / [24 Il *t . 3 . EL=7,905.04 / 1 R jEL=7105.0.3 1 7.3.- / Vii ''1 ! i 4,12.1 I 1 1 1 j Ki ' 'Fl!, 7 1 tal P Â·4-Â·- -4,-- ..49-~. ~ .*19pM'm- -=-'~=': ; 13 1 1 t~ VM-- -- -----,- - .------- $34 1 1 4 11 1 '141 1 1 1 93 .tÂ·'. 3.inb.4/' e:~*Fe"95*EY;AN' ~ffs/:*K//: 9 4.1 2 i tri C 14 Ceiling ~UNIT TIE. SOUTHMEST PROPERTY i 1 I i %1 1 Â¥ EL=7,905.26 0. . a 111 1/ lili : 1 1 /1 1 4 CORNER, BEARS S62'56'16"W 9.33' R .. I Id. Ch EL=7,904.98 jg : i <' -- --+ ---1rz --=---- ----b~if: n.: , :: 9Â·4.-2,~FAÂ·",6,4 - ?: 5.4 29: . 1 Of ~1 FF= 7,896.01 $ ~ auz.ZL 11 8 11 \ A 2 / 1 -4 k#/ 1 i 1(2 1 1 ir 14 / 1 11 Ceiling ~0 Ce#ing 41 1-- lv- $ EL=7,905.01 EL=7,905.08 0 7 * Unit B M ?Â·:t ~ ; -1 - -2.-go'Â«Â·Â· - . rWINDOW WELL FF=7,896.01 d i L Ce#Ing EL= 7,904.37 N 2 &202.6 F mil 1.1, 4 0 \ 1 Ti r. / PHI ,.,, 1 11 | 11 X HM '4 rl F / B/// U . 11:. -3-J %0 ~1,~ c==-=r-Â·Â·Â·Â·Â·------19 Al / p i 2 00 6.. N -2 b LCE N Â» Ce#ing 1 1 c.Â· EL=7>05.22 ~ ~ ' EL=7,905.01 1 H El=7,905.05 '; M \- ti Ceiling 1.91 , ... 12.69' -=.61 1 -Â·... 1 1 1 =33* I Â·: Â·~.Â· ~ '--.UEV. L TliÂ·':7-~Â· - '-T-7-'--"d"-r-~'~~ 1 rÂ·=?~~Â·F--,-...-v.---:c't-:Â·Â·Â·.7 0 - 1 LÂ·= 3.14' 21 f':-2.-Â§Â·.---:idibruÂ·IMA:/4-13- -LE-i-.Ls....1.t--1/_ ~ Â· i< EL-Cle,i~. 36 ~~ ~ ~4 i e. i '0.,4 . 1 r - 668' \ 2 6 % 4 .23 -/ 1 ..1- ~ ..5 Â·-7"~2,90'-7 :. . 1 4/ 5,3 12. -41:- L. '1- 2Z36' ,/>Â«.. :41 4.70' 1/1 6.72' #It 71'.1-i -1 1(-4 1 1 IAÂ·,91 ~ - Ir 8.99' 1.' 0.1 F t LCE D~Â·-1 .. f..E*'-- --- -'-- -pi.2.. 1 -- - - 1 1 . - - - 2 11 16 1 1 -1 1 LA a / .9-1 1, 04.74' . 3.78' ~-3.6 10 Ims"..b -â€¢ e. ' 8 /1 9 0, Unit B gil V I . ' r. 1 .f/ -71Â»Â« 4 I! fl 6/ - ! 1... .1 1 & ,TÂ·; iI~ - -. Cei/ing 91 - C. EL=7,905.24 * \ PTl 1 ..01 ' ~4 Ce#ing ./ Th . 1 60 Ce#/ng *..:.. ' DE. Ceiling EL=7,905.21 11 - I e'l , . 11 . ;El h ED=7,905.17 OIl . - EL= 7,905.05 Ceiling 1 Ceiling Ce#ing Co 'Â· ~NDOW V,al i g EL=7,904.20 >'~ EL=7905.21 N EL=7905.23 ' -Â·-----Â·-----0, .V] ------- N ~~ &% ~4;:miznpati~lift t' .0 I f I. / Â· 10.12' I. ' ~' ' 6, I-' / Ceiling i:. d Ceiling i i, .M /../ ~'1;/ Il 4% - 4. - I Wi i a 1 0, . - 1.1 mt . -trâ€ž...0/ 7. 10.84' . 1 13 , 1 01 i.4 .,.1 1 -1... r 11 li 'ki F --- ;--iii / 1 1(d| ..- -------. *LM %. ' 1 EL= 7,905.18: 4 EL=7,905.18 11 Unit D fÂ·'Â·1-1 f , r Ceiling .19r- ...., 'xm-87 - R Â· - EL= 7,904.98 - . .. 1 'r- N 11 11 -2 11 M]--[1 1 n Ir ..71 - Ii I-j 41 1 *1 -7.-, / d Â· L Ce#ing EL=7904.38 ~,~ ,.52 ---" \ Unit 'Er'\ 1 f / 1 1----\ 11 1: Ce#ing \ FF= 7,896 01* [ 1 1--1 3 1 GAO ..2 7 1 /./. 96==2 1 i ! EL= 7,905.19 Ceiling 91 \ > 5Â·i ~4 EL=7,905.01 . - - - ~~ -- - -4 ~- - - -1 ' g 'Â·-Â·. Pw .4,2-2;.~:4Â·.Â·0:.44-:0~4aivi---:.4' INF~ Cei/ing t i 4--91,â€¢~4~Â·~di ' ' Â£4 4 h Ei EL=7,905.18 FF..r.=222,-52 11 \11 , , i.1 1.-1 Ce#ing Â·-Â·-rr<. 3 1 R * 'Â·Fq : $, EL=7,905.21 \ ~ . [,1 t .Â·9: g.6 I ' M 14.00' 3[ . FF = FINISH FLOOR Â· . F 1--========2Â·7 Â· Ceiling CEILING EL = CEILING ELEVATION 19.10' PR 11 1 ' " Ce#ing SEE SHEET 6 OF 6 At'Â·~~Â·~ Â·'Â·Â· :'.-%.Ir.Â·Â·,i~D.:01:1;~.1.....:It' 4 1,1, ... EL= 7,905.17 . : qi t ' Â· C: 1 (1 p I 4.90' . LCE = LIMITED COMMON ELEMENT 1 EL=7,905.21 1 i k 5.36' BÂ· ~ 4.70' 4 'f I 4 1. TPFUâ‚¬:Pir:/3 Â£0./1. 1.. 11 k LCE N f .1, v N14'49'55"E NORTH-SOUTH 1 .2 N LCE INTERIOR WALL BEARING 4 2 0 Unit B & b C & Unit B & 11 1 0, Unit D Q| . 9 1 34=r I e={44 '4-Jub:L--,---,-,~2.' Â· 18 15:3* 4. 1 4.70 1. # c 4 'rlÂ·.~ 40-3. I i. f Â·t Â·-/ S7510'05"E EAST-WEST UNIT TE SOUTHWEST PROPERTY * UNIT TIE, SOUTHWEST 1 CORNER. BEARS S66'47'35"W 68.75' 4.42' PROPERTY CORNER, BEARS 7 Al,444$25-/) jNTERIOR WALL BEARING / 550'09'32"W 92.97' \ .v,./ ./ ~ W/NDOW WELL Nl 4-49'55"E NORTH-SOUTH lai . 1~ 1 4 450$g-'- 1--_-721 \ dr~ -1- r./ 3.31' 1104 EXTERIOR WALL BEARING WINDOW WELL -v ..1 . '.A 52. / .9/ /& 0 8.60' ~Pk>i;F LCE g , -| - 4.63' 19 AG' I .-VÂ·- ~--73f Units c &O 4 5,_- _-:--_~_ - _-z-- . -- r. -7-- r S7510'05"E EAST-WEST EXTERIOR WALL BEARING PLAN & ELEVATION VIEWS ARE FROM 1 1.-U.*.Â£44,<4.-=........4/&.... 1 ARCHITECTURAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION ~WINDOW WELL INFORMAnON. ALL PARTS OF THE PROPERTY, GROUNDS, r PROPERTY BOUNDARY IMPROVEMENTS, INSTALLATIONS AND FACILITIES WHICH ARE NOT INCLUDED WITHIN A UNIT AS THE TERM "UNIT" IS DEFINED BY THE DECLARABON AND THIS MAP, CONSTITUTE EITHER GENERAL OR LIMITED COMMON ELEMENTS AS THOSE TERMS ARE DERNED IN THE DECLARATION. LOWER LEVEL PLAN ANY AREA NOT IDENTIFIED AS A UNIT OR LCE IS TO BE CONSTRUED AS A GENERAL COMMON ELEMENT (GCO. INTERIOR COLUMNS AND/OR WALLS E-K (STRUCTURAL ELEMENTS) AND BU/LDING UTILITIES, /F ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. GRAPHIC SCALE SOPRIS ENG-INEERING - LLC RECEIVED AUG 1 0 2007 4 0 2 4 8 16 - CIVIL CONSULTANTS ASPEN 502 MAIN STREET, SUITE A3 BUILDING DEPARTMENT ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN â„¢REE YEARS ( IN FEET ) CARBONDALE, COLORADO 81623 NOnCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 4 linch=4 ft 7 (970) 704-0311 BASED UPON ANY DEFECT IN THIS SURVEY SE COMMENCED MORE THAN TEN -- YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 24163 08/09/07 24163_CONDO.DWG ,ZZ -21 ;- 1 19.82' 9-f. -, 1#IN. 9 .419,49..-r > .... . r 69 10018 1311Â¥ HYMAN AVENUE 11.50' 'St\~V.Clt>.TIV.\ CONDOMINIUM MAP OF: 306 SOUTH G-A_RMISCH TOWN-HOMES CO-N-DOMI-NIUMS 0.Â£702005 -1 01732005 .AB-APE-4 FOUND CITY MONUMENT soudTGARRL/%~p= / A- PA-RCEL OF LAND SITUATED IN THE S-Wh OF SECTION 7 r ),4 1 1 4 . 04:2â‚¬f.,3 j \ t . EAST HOPKINS AVENUE (GPS-6) 7 TOWNSH-IP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. (Â· i :Â· 7 * t) 9 2,37 . j~ .. CITY oF ASPEN, COUNTY oF PITKIN, STATE oF COLORADO .24+:3 1 9- . ...0 14 ''IL A : A. *t, .1 .0,4 .* : CH~ 41/44 ... ' i.;BW; ii-'~t li)n,; 4 ~ ) , , - . ..â‚¬173 ,.. '1.1. ke SHEET 1 OF 6 1"/**:|I ~|IP "I-/'ll.: ...- I I ~ CERTIFICATES, NOTES, EXTERIOR BUILDING FOOTPRINT MAP AND CONTROL MAP .7.' 3 . 1 in 4 - I -- LOT P LOT Q LOT R LOT S l ~.2Â«094Â» 7.?94 94:.l.....3;23:jtift--: 0 â€žtr; 4,4.-?1'*,74//' Â·.10'4*92*4.-Â·'' , ~ - R >14 ' 17&631 146.W . . 4 4. *Mifi~ 4-'p~ 7'/,;7+7-4â€¢ , 74454.4 Â£ 01 .. 1 -t-Un' 4 4 8 4. . 8 - 32 4 -1......942-4(.t...7:41*,441':.1;t,7,24th. 5-091 HYMAN AVENUE | ~ . n HYMAN- AVENUE 6 4 - I --- - -+1 25 5 " - --4 1,74;k.~92=1'..... 1;#-hz'., 1//6:lv 1~ ve: tz " :- .7 I A 6 70 FOLIND REBAR & CAP 4 74.8 FOUND R/C_~ 1 FOUND R/C 4 / L. 9. #28643 ILLEGIBLE ~ , /1/FA/8/F -- ,Â¢4 C (\D, C \ 2..74. > i â€¢ -1..V'% E-1 LOT / M /1-,199*1092:ho Â£11 ...43? Ste..1 .1. CO fr...54' ~ ; Â·:-Â·.-.1? Fir' 'L , -f#li-. -01** U *,~91-0 --t-*;a6-2'4~.. E #9.te-* I :.fo-5-* . 9-1 CO IN t. " CA SET REBAR\& CAP < 4 + - . L.S. ~28643-/ .I ..Hut 54 . 1 0 ff. h , .1 1... F LOT S 1Nt. $ ...7 e.~~14 2 1 101.0' - . --Act U te:4 Â· Garmisch, LLC, a of the herein described ncubrances except that ne recorded os Reception of Ronald E. Soderling, FOUND Cll\Y MONUMENT recorded as Reception AT THE INTfRSECT1ON OF / :it of Alpine Bank Aspen . SOUTH GARMISCH STREET f AND EAST DURANT STREET (GPS-3) 1 CERDFICATE OF OW'NERSHIP AND DEDICAPON KNOW ALL MEN BY THESE PRESENTS, that 306 S. Garmisch, LLC, a Colorado limited liabilty company, being the record owner of certain real property situated in the County of Pitkin, State of Colorado, to this doy of Wit: 306 South Garmisch Condominiums Subdivision, as Inc. According to the Plat thereof recorded in Plat Book 76 at Page 2 Hereby certifies that this Condominium Map of 306 South Garmisch Townhomes Condominiums has been prepared pursuant to the purposes stated in the Condominium Declaration of 306 South Garmisch Townhomes Condominiums, recorded on , 2007 as Reception No. of the Pitkin County records. Executed this __ day of , 2007. OWNER: 306 S. Garmisch, LLC y certify that I have Townhomes By :h Unit and that Unit's John R. Provine, Manager he location (wlth STATE OF COLORADO) ertical boundaries of each )SS. Elements and Limited COUNTY OF PITKIN ) hereon; that the some is in June, 2007 and July, nts of land survey plat as 1he foregoing instrument was acknowledged before me idominium Map contains this - day of , 2007 by John -209 of the Colorado R. Provine. as Manager of 306 S. Garmisch, LLC. on 38-33.3-201(2), I dings containing or My commission expires: itially completed. The easements, Witness my hand and official seal. ime as those set forth in d by Stewart Title of e date of July 17, 2007. Notary Public COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR'S / APPROVAL This Condominium Map of 306 South Garmisch Townhomes Condominiums was approved by the City of Aspen Department of Community Development on this day of , 2007. By Community Development Director COMMUNITY DEVELOPMENT ENGjNEER'S APPROVAL, This Condominium Map of 306 South Garmisch Â·der of Pitkin County, nes Condominiums is Townhomes Condominiums was approved by the Community Development Engineer of the City of Aspen 7 in Plat Book - at on this -- day of , 2007. 10*00 4-OJÂ»%( City,(Engineer ECEWED \UG /0 2007 NOTCE ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LE...- ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN 1HREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACRON ' BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIACAnON SHOWN HEREON. (970) 704-Â®11 ASPEN 1 24163 08/09/07 24163_CONDO.DWG ~ BUILDING DEPARTMENT .. . I , M Q 0 1 0 . ... 0 0 0 0 0 0 . 0 1. ./- I ,. .. .. :0 . 0 1 0. I . 0 0. :... . 0. A 0 . . e 4. - '. O â€¢' ''. ': . 0 . 00 . Ill . . ... 0 0 I .. .. . 1. 1 .. ........ .0.-0 0 . .. . .. A .. .. I . . . A D.0 0 . . 0 , ... -.... . . . . .. -I .1 -*.1 - I ....... I ... ... I I. . . . I. ' . I 0 , . . . . . 1 4 . .... . . . .. ... . 0 . .. I. ... 0. -- r ..0 1 . A. . . ... ..... .. I A - I .. . . . .. I ... .. I r. 0, L : 4 01 k . â€¢ 0 0 0-â€¢DO . - 1.... .. .. . I . ... . . I -. -Il-' . - I . . . .. .. . :.... - 0 - ......... . 0 . 0 0 . . . D-- I -- .. . ... 0 - 1. I . .. . - .. - -I ... 0 -- : . . -0 -- . D- .... ... . .... - ... ..... i ..I-I.- I . ./ ... . I.--I.- I . I ..... - .... ./. ... . -.......... .0 0 . .. . ... . . 00 . .. ..... . I . .. .. ........ ..... -I. .0 0--0 . . ..... 1 ... .. .. I. . . 0 .. ... 0, D. .. ... 00 I -0 0 ..... . . . 0 . . . . . 1 .-. . . . 1 I . I ... ... - 0-0 4 ' 1* - '0 "-- 0 . . . . I. 0 0 ..... I I I . . 0. ....1-- ... 0. . ... I .- .. .-I - ... I . I lili I .....-.. : 0.0 ... .. .:- ....... .. ....... .... . . . I . . . . I . .. .... ... .... .. 0 0. *. I ... I .... ..0 - 0 I . ... . ... . - I . I . -- I. -0 . ...... ... .. . 00 . - ..... & I . -- .. .. .. 0 I . . . ... .. -- - i. * .. .. I I . ..... I ..... 0 . .... . I .0 .... D . 0 - . . 0 ....... 0 0,0 - ... .... .'. .. ,.... .. D . .. . .... - - .0 ......... 0 D . : . D . I ... I .. ... . I ..: .. ..I-. - I .-*.. . . . . I .... I . I . ... -I . - I. ... I ... b .... . . 0. 0 -I - ... . I ... - . . .:... ... . I ... I . I.-I .- . . .. . I ... .. 00 .. :.0 . 0 D. .. . .0 .... . -- .. . 0 .02 - .: I ... ... .0 - . ... . - . .: .. :.. .. . .... : . -- .. . . 02: 0 ..... .. . I. 0. .. .. . .. . I . .. . . ... 0. 'Al 1 0 -- I 0 0 ./ I . ... .... . . . . ... . . I . .... . . . . I.-..-I- - .............. ..... 00 . .... . . --. -... .. . I. .....i I : . 0 ... - . 4 .- 0 ... . I . :0 . 4 ... . - .. 1 0 ..... ... 00 I I - I . ..... .. .- I . -- . I i .. .... .. . I ..A I 1 CONDOMINIUM MAP OF: 306 SOUTH GA_RMISCH TOW-NHOMES C O _ND 0 MI_NI UMS FOUNDCITY MONUMENT AT THE INTERSECTION OF 4 I A PARCEL OF LAND SITUATED IN THE SW-4- OF SECTION 7 SOUTH GARMISCH STREET AND EAST HOPKINS AVENUE ' -3 + 3 (GPS-6) TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. V.9.{Â· CITY oF ASPEN, COUNT-Y oF PITKIN, STATE OF COLORADO . 1 -3- ./ .f . SHEET 1 OF 6 - 4 --- 1 . 9,4411 . .V -7, 7 - - 3 m ' -- 2..1 1. 11 0 , 1 1 , ''' 1 r :/.-iiI 4.. Â·k-, iâ€¢. N ....,- r. .47.47 .. : BLOCK 68 ~ CERTIFICATES, NOTES, EXTERIOR BUILDNG FOOTPRINT MAP AND CONTROL MAP -... :..~4~1â€ž4,7. ../r.. â‚¬,7 :- .. U.spen â€¢ . 3.-. LOT K LOT L LOT M LOT N LOT 0 LOT P LOT 0 1 LOT R LOT S :fun 1 ." â€¢ 1 1, + toM 7~Of I ~ , 1 â€¢ 42 *p.4- fi'4'-J{ 0<f~~-GlÂ·4-*jt * 3 ... .ill C f_:~: - ,---4\11 +-4* 1 1 N \Â» / 10 . .71.- .Â¢, 4. 4- ., sÂ»13 .- : o,4.* r, - i--. W 0/45 .1 - al e !. : 4. f*,rze ruâ€¢/ ch O l co A .f k~co 1 U 0 44 it., 1 HYMAN AVENUE 8 4 4. ,>, .6.- '.i. . 4 '4 1 ..0 h* . HYMAN AVENUE It .4 ='i,M. '...4 fj 10 1 I 4. i ,. /8 8 : --,1.' . .3-L . ./ A . A A 4 p----EN-- 7- FOUND REBAR & CAP 4 A 74.8' -< - #28643 04_~ " . 0 44 FOUND R/C -VE j=~i -- L.). FOUND R/C ILLEGIBLE ./ (BASIS OF BEARING) S75Â°09'11"E 269.95' ~ S7599'11" E ~159.98' (BASIS OF BEARING*:fa Â»' 9 4â€¢ 4 6 7-21_4.' : t. - ILLEG/BLE ~ 6 -2-~ 4 7 . -.-:.~,#f ../. ' 7---2/4 0 1 1< â€¢ .---L--2~ X ' . 29.99' 29.99 Â· 29.99' 29.99' 29.99' 29.99' - 29.99' 29.99' 29.99' ' ~~ 2999' iz~/~1~ %4'kly '14 /.9 7/:0.->t:'-WISJ<.....t .Wr. LOT A LOT B LOT C LOT D LOT E LOT F <LOT G LOT H LOT 1 LOT A 29.99' .3~13%:i ./-./.2.- -AL+- ~ ..4 LOT 1 â‚¬13<â‚¬' C FOUND R/C - 75 3' 444 *b arâ€ž 0 - cosil j I .-I, . 2-- 213 'I.. 1>-74/0 .: "0 1 /. . ' . ' I % -F- --- 1 4. . Clil I =Z *00 4' 0 / -- 4-4~f*.Aâ€¢ 6 => . };. ..14â€ž /Adâ‚¬mh' 0 CA ,---i ~-" , >-:~Â©w~~ -Â«t~,;4- 3.wigil,-v; , LS. #28643 FOUND R/C 42.28' L /02Â· %-<t. I b. f -PRE f.#Â·t~ -- . 1 ILLEG/BLE 01\) le' , I ,. -,/vl'V*, c *k y Â¢<.1., I Â· 1 9,4*.,1,19*6*. 64 1 9,37 . 3 - 4 A I . I .,.....I- I BLOCK 69 BUILDING 1 4 919.1111,\ '42,Â». Â·.o'- O.> - . - 8 0. - I , O ... ,., i ) i t/<44'0Â·9'91-. 11 - FOUND NE CORNER \ , 11; 1 Â·:4 Â· , %21 Â° b 9 Â· 10 OF ASPEN EXTER}OR WALL BEARING . 19 ORIGINAL TOWNSITE .. OF LOT F, BLOCK 69 3 0 10 0 9 8 E-1 A . 4- Li 2/W) 'itt '. W. *i://6/Â«.:,#,4 M#s#.4.., \A I . 9 *â€¢4 J. 0 - , + , 4.1.-- 4 ....... I N14'49'55"E NORTH-SOUTH R/C ILLEGIBLE 11''i~fi ((r>.:0, i.,i'~,; 1.' #li, :'~~l.%<29~.i' ... - ' il b 4 A Â·Â·.UN -teR 3 - - - 42 A Lu f '.. 61?7 - . 1., 2 7 24 : 1 4 rFOUND R/C LOT A - al LOT B --m w LOT C 4 0 i~/I [; A~f ;b\' ~ ' ..'' -.Â·..Â· Â·.'Â·e~..,,~ pjwl' 0,44.fls:- .:*#4*'Â·;:1:'~~_) ;j ...4 7 . rFOUND R/C ~ ILLEG.BLE E-t to b , l If 1 '11 ,/1 /;pgthix<Â·R Â·.5.' ..'Â·iÂ·<Â·j~,;~4.,; ir~.44Â·-Â·ofbol.LIA ... **<b L.S. #28643 S75'10'05"E EAST-WEST .'..L i AU ;40 '46(Â·her , A.-4 ~ 1, < J â€¢27 - '~ ~/, â€¢--- /\ /" 4/0 ra r- 0 4 t ' liff , . 4 + EXTERIOR WALL BEARING .\ 29.99' 29.99' 1 29.99' 29.99' 29.99' 29.99',Â£29.99' 29.99' 2999' % , 1.111. ((litill;4* ,+44(\ it\\.\., . 3.76' - 44 ji 2 -: ,9 6 I. 0 W M ~1 . 1 4<-,,FOUND REBAM - 20.2' "in" ,(3 c 01. i jf:/11'~''fl ALUM. CAP ALLEY BLOCK 69 &1 69 6 3.'JU'-81>1*3 l .â€¢r ,7 0 1 \17/9 - . k : 1 SET REBAR & CAP /Â·R #6707 01 -1 10 3 Â·' ' //2,Â·J (lt: "tvo i Â·1' l' ; Â¢ i ... I ...1. .1. LIA L.S. Â¥28643 hytil,> L : :3/14 NA'' ..'. LOT S LOT L LOT M LOT N LOT 0 LOT P LOT Q LOT R LOT S LOT K -4-61 .. Te V i / 4,74.624*PRUE''b~\\14\131Â»'.394,16<Alivi.13.17..- - .lili ill 0".5 U ll ic."\ \14Â¥ 14 1 I ) ,. , -I ..4.- I. 1.---'./ â€¢. i <f . ' i.*/~teÂ¥54 1"1 7 1 <a \E .-'. 101.0' d f; EN I \/39 I. , 11'.. 8 Â·Â· 13:0/ C\// 972%5lt*>Noj~~19<kÂ·G~--*-T<:~-IiÂ·.1.1.- .Â».. -24Â·1 , UtÂ¢rÂ¢~4 3~ / 0///fl\\\ 9 41-31 -PKIZ....Â».<- ~ 0 7 - l.7 1/4~ WA~Rk>ji:b 0- :4,4'<~LLt# Â·.1. :11, --*.Ar<.-.' AAÂ·r----~ J ' Z 29 Â»12122 VICINITY MAP C\? 0 034 675'09'11"E SCAI E: 1" = 1000' 269.95' Â· a COOPER AVENUE 95':25(tur~f?/7/// UNIT AND COMMON ELEMENT NOTES 737' 1-â€ž, , 1) The boundaries of a Unit are shown on this ~ 806 SOUTH GARMISCH f! 8 Condominium Map and are further defined and described in the Declaration. nTLE COMPANY CERDFICATE re 2) The Units and the Limited Common Stewart Title of Aspen, Inc. hereby certifies that 306 S. Garmisch, LLC, a Elements as shown hereon are subject to Colorado Limited Liability Company, is the record owner of the herein described ' CO E /~ft- easements for the utility lines and facilities property in fee simple, free and clear of all liens and encubrances except that lien of a Deed of Trust for the benefit of John R. Provine recorded as Reception LOT A ~ LOT B ~ LOT C LOT D LOT E LOT F LOT G LOT H LOT / ~~ 0 / -b. serving the Units and other easements as provided in the Declaration. No. 519472, the lien of o Deed of Trust for the benefit of Ronald E. Soderling, FOUND Cl-17 MONUMENT px /1 4 Trustee of the Soderling Trust dated February 20, 1996 recorded as Reception AT THE INTERSECTION\ OF BLbCK 70 No. 519473 and the Nen of Deed of Trust for the benefit of Alpine Bank Aspen - SOUTH GARMISCH STAET 3.34'. b porches shown hereon ore Limited Common 3) The window wells, decks, patios, and AND EAST DURANT STREET 1, CON"ROL DETAIL MAP ' ~0-4 ' TV.-01 . recorded as Reception No. 519416. (GPS-3) 4 1~ :CALE 1"= 50' . 4 Elements allocated and appurtenant to the Units to which they are attached as shown on Stewart Title of Aspen, Inc this Map. By- 4) All parts of the property, grounds, Title: improvements, installations and facilities which CERTIFICATE OF OWNERSHIP AND DEDICATION 8 32**afest are not induded within a Unit, as the term KNOW ALL MEN BY THESE PRESENTS, that 306 S. MQEIGAGEE_QQNEEUI MQEIGAGELCQUEEUI 41-2 .. 5 4 -=Keywit' STATE OF COLORADO) Garmisch, LLC, a Colorado limited liabilty company, 4. m Â·-2Â·- , â€ž--73 )SS. being the record owner of certain real property The undersigned, being the holder of a lien on the The undersigned, being the holder of lien on the 0 3 L...1 1\* Efements. Those portions of the Common "Unit" is defined by the Condominium a o> -=pr-762~ Dedaration and this Map, constitute Common situated in the County of Pitkin, State of Colorado, to herein described property pursuant to Deed of Trust herein described property pursuant to Deed of Trust 4. â‚¬ V 6 Elements allocated to o Unit or Units as a COUNTY OF PIll<N ) Ct .3 Ky wit: recorded as Reception No. 519416 in the Office of the recorded as Reception No. 519472 in the Office of 8. A Limited Common Element by the Condominium Declaration or this Condominium Map shall be The foregoing instrument was acknowledged before me this - day of Clerk and Recorder of Pitkin County, Colorado, hereby the Clerk and Recorder of Pitkin County, Colorado, 306 South Garmisch Condominiums Subdivision, consents and approves this Condominium Map of 306 hereby consents and approves this Condominium Map .4 1 a for the exclusive use of the Unit or Units to , 2007 by as I -I--'m which they are allocated. of Stewart Title of Aspen, Inc. According to the Plat thereof recorded in Plot Book South Garmisch Townhomes Condominiums and hereby of 306 South Garmisch Townhomes Condominiums and . .. 20.41'~ 4 . 339*32 76 at Page 2 subordinotes the lien of said Deed of Trust to the hereby subordinates the lien of said Deed of Trust to A â€¢ 4 4-~j*2,# 5) All exterior walls and walls between Witness my hand and official seal. matters set forth herein. the matters set forth herein. 9 16 Â·Â· 4 Hereby certifies that this Condominium Map of 306 W. I ./ Condominium Units are Common Elements. All My commission expires: interior walls which are bearing walls or contain South Garmisch Townhomes Condominiums has been Dated this ___ day of , 2007. Dated this ___ day of , 2007. A /4 58 plumbing and/or electrical wiring serving more prepared pursuant to the purposes stated in the . 4 Â· ' Notary Piublic Condominium Dedaration of 306 South Garmisch ALPINE BANK ASPEN By: 8 . i than one Condominium Unit ore Common .d O Elements. Said Unit interior walls are not Townhomes Condominiums, recorded on JOHN R PROWNE, 4 , 2007 as Reception No. Ry 46~dijaO><fl \AX-21.59' delineated hereon, nor are they excluded in the Â· 5 4 4 ' 4, 8~ Units area. of the Pitkin County records. STATE OF COLORADO ) -Â»114 VJ (\ -8 ./ I Name )SS. 49> *12%64:629.93' 7 ,/< a . 9 2%.99' .6 1 29.99' A LA 6) All interior measurements, as shown on Executed this ___ day of , 2007. Its COUNTY OF PITKIN ) S75Â°09'11"E 59.98' sheets 2, 3 and 4, are to the subflooring Title surfaces of the floors and the drywall surfaces SURVEYOR'S CERTIFICATE OWNER: 306 S. Garmisch, LLC The foregoing instrument was acknowledged before me 1, Mark S. Beckler, a registered land surveyor, do hereby certify that I have STATE OF COLORADO ) this -- day of , 2007 by John ALLEY BLOCK 69 L.S. #28643 C SET RE~~ 5 CAP L FOUND REBAR & CAP of the ceilings and walls, except as noted. The By: )ss. R. Provine. - L. S. #28643 boundaries of the Units are defined in the prepared this Condominium Map of 306 South Garmisch Townhomes John R. Provine. Manager COUNTY OF PITKIN ) Benchmark Elevation=7920.88 feet Condominium Declaration. See Paragraph 2.6 Condominiums; that the location and dimensions of each Unit and that Unit's of the Condominium Declaration. identifying letter and/or number and building number, the location (with My commission expires: reference to established datum) of the horizontal and vertical boundaries of each STATE OF COLORADO) The foregoing instrument was acknowledged before me Unit, and the location and dimensions of the Common Elements and Limited )SS. this __ day of 2007 by Witness my hand and official seal. Common Elements, are accurately and correctly shown hereon; that the same is COUNTY OF PITKN ) as based on field surveys performed under my supervision in June. 2007 and July, of Alpine Bank Aspen. 2007; that this Condominium Map meets the requirements of land survey plot as The foregoing instrument was acknowledged before me set forth in CRS Section 38-51-106; and that this Condominium Map contains Notary Public this _- day of , 2007 by John My commission expirelÂ· all of the information required by CRS Section 38-33.3-209 of the Colorado R. Provine, as Manager of 306 S. Garmisch, LLC. Common Interest Ownership Act. Pursuant to CRS Section 38-33.3-201(21 1 Witness my hand and official seal. My commission expires: SHEET INDEX SURVEY NOTES further certify that all structural components of all buildings containing or comprising any units described on this Map are substantially completed. The Witness my hand and official seal. Notary Public SHEET 1 - CERT/FICATES, NOTES, EXTERjOR BULLDING FOOTPRINT MAP AND CONmOL MAP 1) Date of Survey: June - July, 2007. control precision is greater than 1 in 10,000. Recorded easements, SHEET 2- LOWER LEVEL PLAN WEWS UNITS A, B, C&D rights-of-way Grid restrictions shown hereon are the same as those set forth in Section 2 of Schedule B of the Title Commitment issued by Stewart Title of Notary Public SHEET 3- GROUND LEVEL PLAN VIEWS UNITS A, B, CaD 2) Date of Preparation: July 2007. Aspen, Inc. under Order No. 43156-(3, with an effective date of July 17, 2007. MORTGAGEE CONSENT SHEET 4- SECOND LEVEL PLAN WEWS UNITS A&B SHEET 5- TH/RD LEVEL PLAN VIEWS UNjTS A&B 3) Basis of Bearing: A bearing of N.75'09'11" W. from a SHEET 6 - ELEVATION MEWS UNITS A, B, C & D The undersigned, being the holder of lien on the herein described property pursuant to found rebar and cop (illegible) at the NW corner of Lot A Block Deed of Trust recorded as Reception No, 519473 in the Office of the Clerk and 69, also being the NW corner of Block 69, and a found rebor Mark S. Beckler. P.LS. #28643 Recorder of Pitkin County, Colorado, hereby consents and approves this Condominium and cap (illegible ) at the NE corner of Lot F, block 69. COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR'S Map of 306 South Garmisch Townhomes Condominiums and hereby subordinates the lien UNIT AREA TABLE (in so. ft.) APPROVAL of said Deed of Trust to the matters set forth herein. 4) Basis of Survey: The 306 South Garmisch Condominiums 1 Date UNIT LOWER LEVEL GROUND LEVEL SECOND LEVEL THjRD LEVEL TOTAL Subdivision Plat recorded October 11, 2005 in Plat Book 76 at This Condominium Map of 306 South Garmisch Dated this ___ day of ~ , 2007. A 887 1,242 & 375 1,657 -- 4,161 Page 2 as Reception No. 516081; The 1978 Hyman Apartment Townhomes Condominiums was approved by the City B 1,262 443 & 370 1,599 915 4,589 Condominium Map, recorded November 6, 1978 in Plat Book 7 of Aspen Department of Community Development on SODERLING TRUST u/d/t FEBRUARY 20, 1996 C 680 384 -- -- 1,064 at Page 28 as Reception No. 208870; the City of Aspen Official this ----- day of , 2007. D 462 428 -- -- 890 Map prepared by G.E. Buchanan dated 12/12/59; various documents of record; and the found survey monuments as Ronald E. Soderling as Trustee of the Soderling Living Trust u/d/t February 20, 1996 noted. By STATE OF ) 5) This survey does not constitute a title search by Sopris Community Development Director GRAPHIC SCALE )ss. Engineering, LLC (SO to determine ownership or easements of COUNTY OF ) record. For all information regarding easements, right-of-way 1~ and/or title of record SE relied upon the above said plots listed The foregoing instrument was acknowledged before me this __- day of in note 4, and the title commitment prepared by Stewart Title COMMUNITY DEVELOPMENT ENGINEER'S APPROVAL CLERK AND RECORDER'S ACCEPTANCE , 2007 by Ronald E. Soderling as trustee of the Soderling Living of Aspen, Inc., Order No #43156-C3 effective date 07/17/07. Trust u/d/t February 20, 1996. This Condominium Map of 306 South Garmisch This Condominium Map of 306 South Garmisch Townhomes Condominiums is Townhomes Condominiums was approved by the ( IN FEET ) 6) Basis of Elevation: The 1998 City of Aspen Drexel Barrel accepted for filing in the Office of the Clerk and Recorder of Pitkin County, My commission expireqÂ· control datum, which is based on an elevation of 7920.88 feet Community Development Engineer of the City of Aspen on this ---_ day of , 2007. 1 inch = 10 ft, Colorado this _ day of , 2007 in Plat Book ___ at (NAV[) 88) on the NGS station "S-159". This established a site Page _- ,as Reception No. Witness my hand and official seal. benchmark with an elevation of 7908.30 feet on the Southwest corner of the Subject property, monumented by a rebar and SOP-RIS ENGINEERING - LLC cap LS #28643, as shown. Pitkin County Clerk and Recorder City of Aspen Community Development Engineer Notary Public CIVIL CONSULTANTS NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL 1 502 MAIN STREET, SUITE A3 ACDON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERnFICATION SHOWN HEREON. (970) 704-0311 24163 09/04/07 24163_CONDO.DWG 100.00 100.00 N14'50'49"E GARMIS BLOCK 61 AL..6 09.nS ,61*02 |0 . r CONDOMINIUM MAP OF: 306 SO UTH GA_RMISCH TOWN-HOMES co_ND o MINIU_MS A PARCEL OF LAND SITUATED -IN THE Swh OF SECTION 7 TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO SHEET 2 OF 6 LOWER LEVEL PLAN VIEWS UNITS A, B, C&D GARMISCH STREET L PROPERTY BOUNDARY ~ ~ CORNER, BEARS S19'00 13"W 93.08' 4 3 - - I' D... ...... I . 1 33.57' I Â· :aâ€¢=87..8., .au ~ ~,~ 40.62 Ceiling EL=7 905.04 EL=),Â·905.03 | 1 U Im,m==ER,"mmimmwm Â¢ EL= 7,905. pa U 1 .1 0~ NCe,7/>72 1 1 .'. 4, 1-"m'&7Â·6*, F 14 1 ~,~ ~ UNIT UE, SOUTHWEST PROPERTY MI Ceiling ~ ~D r - a CORNER, BEARS S62-56'16"W 9.33' EL=~~.98 ~ 2~-7, -i ~ n .1. 41, lt..7 .. Â· 81 17. ..4 - EL=7,905.26 4. m./'I':pl'/q././7/K Unit A 4 FF=7,896.01 it, -- .21. 11/ 887 sl D *41 lip n 51 v 1 (14 -11\ k 4 'I 1 0 9. 4 1.. Ceiling .j T EL= 7,905.01 4 3.78' 1 221- Ceiling Unit 8 - ~ 2" __1.'90- -: .: r WINDOW WELL 2- ._r- 2'1.r!1-1/L.1.1 2 111 u EL=7,905.08 1 el L Ceiling EL=7,904.37 FF= 7,896.01 ' i.--. -. 1 || ..Ill , 0 I I-L EL-Ce,W~.01 4 EL=7>905.22 N. ~ ' Q Unit AS ,- Cei/ing 6 42 6 LCE ~ Â·'7 </ Ceiling Â· I 1 Lits 12.69' M EL=7,905.05 I./ 6 .1 0 1 00 :,ti k 14IL44 4.- 21-7*.4*1-;f4Â·'.4~. 4;YZ'~~~lrm,ro==m, d. ..1 ./ r>// 71Â· Â· Ceiling , 1 \ 1:9 4.70' F. ,- ~'-w-"~BLC-"~ _ -_6-72' f - 6.68' 3.14' 01 - \ -7 . EL=7,904.36 & R 27.36' i , :L;.2,90';8 .Â·~. Re LCE 8.99' -lk ,Â°i .- Wi'll -i=r---n- -rr-3-1-= -_4- 4 1> 7= 1 11'- 1-1 --'----- e-=---1 1 --1---- i _i Â·,IÂ·y I- ----Itc-Â·p -r-1' ' ' '.- ,-' - t'" : Â· k Unit 8 %. ./ A./0 .' *Â· ~Â· Â· *I. 6.72 Cemn ailing rn ~ 11.8OW , 1-1 4.74' 3.78' r 8 :111, i: 01 . 1--- -9 m RE I. .Q I Ceiling Ceiling i 1 IICI 1 -lili 1 Ceiling 5 EL= 7,905. r< 1 1.1 . Ceiling 00 4 ~ WINDOW WELL . 4 EL= 7,905.05 -i r - EL= 7,905.24 v -~iling f.nt 14;: O 00 Â· ~, EL-7,905.17 0 EL=7,904.20 ~ EL=7905.21 t. 1\ EL=7905.23 1 1 10.12' 7 . 1 'â€¢ 4 # I 4 D . C M - 1 I L Ceiling l Cei/in g I P M 111 10.84' . 10 1 Ce#ing ~1 17, ' T~ 1' 2_-elli= 1.- 1,1 3 1 L.--I 12Â· EL=7,905.18 f '' - EL=7,905.18Â·- I. EL=7,904.98 INFII: FF= 7,896.01 ~13 V y \-Ceiling EL=7904.38 Unit C FF=7,896.W EL=7,905.19 i Ce#ing Zi it. : NI N . 1 --4 Ceiling 0 EL= 7,905.18 . . 94 EL=7,905.01 01 1 Fe Ceiling ., tri Â·'. ./ 1 1 k 1 00 -1-, c . _.ITZ~~Imifi.I""I.'-IM."~ 6. 1 41 0 6 4 . F'u k m Cei/ing , 1% ' EL=7,905.21 m, 4 BUILDING . 11:1 . I q. : L FF = FINISH FLOOR 1 11 :DR i Â¥ M... CEILING EL = CEILING ELEVATION , it 19.10' , 4 Ceiling E -1 I {4 14.00' ' 1[ili'~~~malâ€¢ - 4.900 1 . SEE SHEET 6 OF 6 ..1 1 M6FT-qFMWAF~Ay#%;27&~/fl/VS;~.1/~ 1- I - -1 EL=7,905.17 ~~l E .-tmt:%#04'!!Ft' 4 --: rÂ· -';:'7Â·71*:1':.1.-1.97?'23:9:'-:'3Â·9 Â·-?1 '. h Ce#ing ... ..4 1 1 EL=7,905.21 LCE = UMITED COMMON ELEMENT 1 4.... 5*@ :00*9 1 11, \--2/:,ttlitjttj j i, u 71. 5.36' N.Â£ 4.70' N14'49'55"E NORTH-SOUTH ' M LCE M 8. 9 LCE - 41 8. 3 LCE INTERIOR WALL BEARING LI ~ i..8 ' ., 4 3%67 Unit B e l 0 Unit D Q 1. 575'10'05"E EAST-WEST . ,,////,///,////,/////,//,/,/,/,/â€ž//, "... F~=707 |i ' UNIT TE, SOUTHWEST , 4/1Â·- UNIT TIE, SOUTHWEST PROPERTY INTERIOR WALL BEARING , 4.42' .' f PROPERTY CORNER, BEARS n N14'49'55"E NORTH-SOUTH <.~0'2~~~WN-R~ BEARS S66'47'35"W 68.75' y~.31' Cr-~,~1~ 1 EXTERIOR WALL BEARiNG MNDOW WELL -j~ ' ~ \ 930 ./ S50'09'32"W 92.97' ~ pL17. : ~WiNDOW WELL S75'10'05"E EAST-WEST 10 AG' 4.63' ~ 8.60' 1, ~1 EXTERIOR WALL BEARING .--U.- -â€ž 1 ....1-,1 ..=---i &=....f - .4- - ..1, - :- 1 ..... . .4'.... -4 -- -Â·-'lr Units c & D 61 - 1 1 - PLAN & ELEVATION VIEWS ARE FROM ' ' ' ARCHITECTURAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVAnON INFORMADON. WINDOW WELL ALL PARTS OF THE PROPERTY, GROUNDS, r PROPERTY BOUNDARY IMPROVEMENTS, INSTALLATIONS AND FACILITIES WHICH ARE NOT INCLUDED WITHIN A UNIT AS THE TERM "UNIT" IS DEFINED BY THE DECLARATION AND THIS MAP, CONSTITUTE EITHER GENERAL OR LIMITED COMMON ELEMENTS AS THOSE TERMS ARE DEFINED IN THE DECLARATION. LOWER LEVEL PLAN ANY AREA NOT IDENTIFIED AS A UNIT OR LCE IS TO BE CONSTRUED AS A GENERAL COMMON ELEMENT (GCO. INTERIOR COLUMNS AND/OR WALLS (STRUCTURAL ELEMENTS) AND BUILDING E-K UnLITIES, F ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. GRAPHIC SCALE SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ( IN FEET ) ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION 1 inch = 4 ft. BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN (970) 704-0311 YEARS FROM THE DATE OF CERTiACAnON SHOWN HEREON. 24163 09/04/07 24163_CONDO.DWG 19.82' 69 10018 13114 HYMAN AVENUE 4-#*U CONDOMINIUM MAP OF: 306 SOUTH GA_RMISCH TOWNHOMES CONgO MI-NIUMS A PA-RCEL OF LAND SITUATED IN THE S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.-M. CITY OF ASPEN, COUNTY oF PIT-KIN, STATE OF COLO-RADO SHEET 3 OF 6 GROUND LEVEL PLAN VIEWS UNITS A, B, C&D PROPERTY BOUNDARY- GARMISCH STREET t> 14.36' 14.18' ROOF LANDSCAPE AREA 0, F OVERHANG DE LCE Unit B k 0 9 LANDSCAPE AREA LANDSCAPE AREA + EXTEMOR ENTRYWAY/FOYER + LANDSCAPE AREA EXTERIOR ENTRYWAY/FOYER LCE Unit B LCE Unit A 8 LCE Unit A LCE Unit A 4 11% LCE Unit B SECOND LEVEL DECK 2.89' SEE SHEET 4 OF 6 U77724*77-7 -2,8.11 7 4.80' 31 114--'IL~1 / /////////////////////////1 1//////////// ,41~HilliN,jitmt mitint 1,11,11,11,11.11 1 11} ittit'illititt Iii,1? , a E zaÂ«*%7~33- ,;tiÂ·.1///////////// ///// / Â»---4/ //////////// ////// //t /l////// ////// /// //7.,// ///// ///, , 181, F 15.65' 14.80' iUM 18.95' ' / 04 '1 1 1 5 ' ? 1 111 ? l l ~115/11 M i / / 1 lij]11 N u l t i i / / 1 / f / ~ ~41) t> 2 L-\---- - ./.1 ~ 1 691 /7 O ' 6 L CE/LIN~// 3% 4 1 1 lit * T q CORNER, BEARS 519*00'13"W 93.08' FEJOUTHWEST PROPERTY El,4,914.75 0 1- 4 8 ~FF~ C) UNE TIE, SOUTHWEST PROPERTY -/ CORNER, BEAES S63'44'06"W 8.96' ~ 0 - 33 o. L 73 5* ~ > 11 00 8.56' A' 8.54' 1 11': /1- 10.04, }) a J. I 10 71 Â· 8 Â» 1 41 & 1 1 d> 0 .- Unit B Garage -i , \ Unit B f 'Â· N /CBUNG * 1 - " A CE/UNG m L coNCRETE ~ - EL=7915.94 FF=7,906.59 â€ž..1 11 2 N EF'"~'77- p--I~37*r,~Mir,v'crTTi Unit A CEIUNG Et.r 1Â£1,6 tr - - EL-=7,916.04 ., > DRIVEWAY -1 9 iM FF=7,906.59 EL=7,915.99 11 / GARAGE CEILING 0 10. lai- 2 EL=7,916.07 CE!UNG M Â·%9 UNIT TIE, SOUTHWEST PROPERTY Co ll I. If wr 653 NE.8 1.2&2..d FF 11 \\ EL=7,915.03 1 ~ - 1Â¥ CORNER. BEARS S3943'32"W 28.16' EL=7,906.72 ~ 14 --1-1./.- 7 1,1 1.1 1. = UÂ»- --1 --9 ff Off 1 1 3.80' t ~ 4 i . 4 -- --/ 1 1 3 DRIVEWAY AR~A LCE Unit B .mCCZ.--:,FB,fMtiVIEZZ"ll &48' MI COUNG ~M I R COUNG EL=Z915.91 CE/L/NG \ C~/UNG / Emerty ' Â·7'!IFITÂ·'1 C a \ COUNG . 1 11 9, 1 -- ..150 8 \EL=7,914.64- ~' ~ < 1 :Il 4, :/ 4. '.t EL=7,91*6 4= 7.915. 9* ' : ,-Â·â€¢ 4 r~ ~3 15 I 1% EL=7,916.11 E 1. WINDOW WELL < f P CEILING\ 14 EL=7,918.06 g g LCE t; , * 1% ex CEILING CEIUNG '' -EL= 7,914.96 | JL=7,914.96 4 EL=Z915.01 \ 11 Q Unit A Q ' 1 EEILING / CEIUNG EL= 7,91&99 g B EL=7,914.58 EL=7,913.63 EL,7,914.70 ,Â«124 1 111 8 18.95' 25.85' 9 . -1....111,"r 111 11 .11" -1.4 1411. pl ..10112 .r; 11 1 11'1 ,1 1 +1 1.1.- 5 * COUNG CEIUNG 4.80' 449Â»---Â«'t,6*p*%3 1 IN =i VII?,< 1, ///Â»/k/>71 /1 ; lili ~ C.U_ L-, 1- 4- |= i, ''~ ___a-, Ii, ,Â· Â· ' -1-~ iii ~ -1-_i, 1-.i'.*,-LL '2-,L-1, L., 4,Â· " '., "2 'L'' 11 1 -11 11 -1- - //,1 - r'J t. 13.88' ,@ EL=7,915.23 0 El= 7.915.23 4 1 4.70' 1, ~70' - - 4 i 19.38' 6 > LCE MI 4. 1 41 11 1 6.65' 5 0 13.64' 1 1 - * 2.90' Ji ~ Unit B R. 1~'co // i..'r- .4-,8: - 1-U":r .1-4 . 9 01 . , 9 9 '20' 1 1 1 ED-----'.t-- 1 1~0~ CE/LING 3.76' 1,; 4.70' j 4 CaUNG > ~ EL=7,915.99 CEIUNG l EL=7,914.94 9 rjhl LANDSCAPE AREA > 1 ~- t 2'fg,6.04 / 01 EL=7,915.24 ~ U 6 4 Â· LCE Unit A b . WINDOW WELL m .... 22 26 .â€ža. - t. CEILING ' . . A&*14' 1 a * i EL=7,915.24 a 1 . 11 9- RIOF 1 1 L-0.37' 8.05' p 6.99' %60 1/ 1 !O e O CEIUNG / a 6.87' o v ~ OERHANG v Z q ~ EL=7,915.24 < I ': ,. ~t ..AGarage CEmljNG ' ~l ~,~~~~~~~~~~~~5'.0,TMEÂ·~IkÂ·i;1~ZU*$627< ~~ 21.11 EL=7,915.91 , > C> 1 - CEILING ) a DR/VEWAYEAREA N -4 - 1 r ' ' 2 EL= 7,915.37 5Â· 0 ~ LCE Unit t - Â· EL=7,915.89 U 1 ... ./ . . {0 1 - 1 1 R 4 FF i :0 & 1 N E& 7,906.71~ i Unit D 11 ( &-9 ~Â·.V GARAGE CE/UNG ' 00 00.872 1 a EL=7,915.91 ~ Unit CU < ' 1,6. â‚¬:90 . 39>'. 1 * EL= 7,915.89 a M & D FF=7,906.59 , 934 01: , -, .1 a M COUNG 1 S ~FF= 7,906.5911 b L CONCRETE 1 DRIVEWAY~ B 1 1 7.31' , 3 ~GARAGE 60==~ â€¢21 7.32' t> & t> OPENING n\ , ! 49' & , 1 BUILDING & 1 UNIT TIE,-S THWEST PROPERTY j 17835' - - ~ CO*!ERT BEARS S83*30'55Â»W 49.95' IS u?%4\4 1.32' N30'10'05"W 1.70' & FF = FINISH FLOOR ~ / t / COUNG * 5~2< D> 45 1 1 ~/ EU=7,915.24 0Â»2''A E 5 CEILING EL = CEILING ELEVATION +.,U ' 19.38' 2 - CEILING *2 (1 SEE SHEET 6 OF 6 - f ..N EL=7,915.92 4 E b V//////////////////////////////////////////A-Y////// '4. '#\F<XI 13>66' LCE = LIMITED COMMON ELEMENT G @% J. NON-,---- 42%%41044Â»%Â»Â» a >1 N a . '44- - t:F -â€¢ N14*49'55"E NORTH-SOUTH w * 1 6 5.36' 43â‚¬ 9 EXTERMR PARKING AREA ma â€¢2â€¢ INTER/OR WALL BEARING LCE Unit D 5 4 LCE N 7~ M N q Unit B 5 5 4{Fe % i ~- in 5 1 COUNG ~ - EL=7,915.37--=- L CEIUNG u E bo LCE bo #~5.24 ~ EL=7,916.00 2 11 Q Unit D q 5 5.36' 4.70' 47 L * ~ EL=7,916.06 ~ ~ -~ S75'10'05"E EAST-WEST a M 4.90' B INTERIOR WALL BEARNG 8 & a R at> . - UNIT TIE, SOÂ®IHWEST 960â‚¬EJ?-TY 4,1 < ~~%~Q14 R 5 t.2N<p/ N~CORNER, BEA,~2%3t~jp~~~.85' 6.09' 2 N14'49'55"E NORTH-SOUTH ~ h u 17.06' COVERE& ACCESS AREAÂ£~, ee y UNIT Ic, SOUTHWEST PROPERTY GIll 'â‚¬54Xg>. COVERED ~CESS AREA > l CONCRETE EXTERIOR WALL BEARING & 1-,9 GCE *a ~EL=7,9*34 j 695* a E 57570'05"E EAST-WEST > < 3Â«\+ a N >4' 5.21' 3% CORNER, 82ARS $50'30'48"W 93.66'~ te > A ' 22/DEWALK ~ \a -~ 14.941- -- V- WINDOW MELLS \44â‚¬ / Â® 0 8 j.14 25 LtÂ»1ND0W WELL a EXTERIOR WALL BEARING ,V / Ay -aN///UU ya/// ~ 12.74 /17.0 LCE Z ,/ 5 1 EXTERIOR PARKING AREA 1 Vt 22 NA,1 lit# units CaD 61. /0 14 49' t> PLAN & ELEVANON VIEWS ARE FROM v LCEpwpit C ' " :1,/C/... M~ 'r<3411------ 0221~211111'-----14'.-----'t /l -----" 4Y, 34 v//1 5.21 ....' .. a / ARCHITECTURAL DRAW/NGS UPDATED mTH 9 1 L CONâ‚¬SETE | , AS-BUILT DIMENSIONS AND ELEVATION ~ 6 0-4 1 .- a SIDEWALK 1 t> B INFORMATION. ~ 1 t,' a M ~-EDGE OF CONCRETE GCE - TRASH ENCLOSURE a Â· 5 A *1 . 0,6 t> ALL PARTS OF THE PROPERTY, GROUNDS, EDGE OF COR*RETE 1 . 1 " 1.4 r PROPERTY BOUNDARY ~> ~ # AtiCUSS AND LANDSCAPE AREA / (trm~f#NO'Â·r"232Jjtni7% trtrlzs > t> S15'15'07"W 17.08' \ 14.941 A / t> B A A &/ GCE & & WINDOW WELL ~ a THE TERM "UNIT" IS DEFINED BY THE J ' -- 1 \ b DECLARATION AND THIS MAP, CONSTITUTE OTHER GENERAL OR LIMITED COMMON ELEMENTS AS THOSE TERMS ARE DEANED IN THE DECLARATION. RETAINING WALL J AND FENCE ANY AREA NOT IDENTIFIED AS A UNIT OR LCE GROUND LEVEL PLAN IS TO BE CONSTRUED AS A GENERAL COMMON A ELEMENT (GCE). LCE NOTES: INTERIOR COLUMNS AND/OR WALLS (STRUCTURAL ELEMENTS) AND BUILDING 1. LANDSCAPE AREA LCE UNIT A AND UNIT B, THE ENCOMPASSED LCE AREAS ARE FROM UTILITIES, *F ANY, WITHIN A CONDOMINIUM UNIT THE PROPERTY BOUNDARY TO THE BUILDING EXTERIOR FACE BETWEEN OTHER LCE OR LCE BOUNDARY ARE GENERAL COMMON BOUNDARIES. x ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED 2. EXTERIOR ENTRYWAY/FOYER AREA LCE UNIT A AND UNIT B, THE ENCOMPASSED LCE FROM THE UNIT SQUARE FOOT CALCULATIONS. AREAS ARE THE CONSTRUCTED ENTERWAYS FROM THE PROPERTY BOUNDARY TO THE BUILDING EXTERIOR FACE. GRAPHIC SCALE SOP-RIS ENGINEE-RING - LLC 3. DRIVEWAY AREA LCE UNIT A AND UNIT B, THE ENCOMPASSED LCE AREAS ARE THE CONSTRUCTED CONCRETE DRIVEWAYS FROM THE PROPERTY BOUNDARY TO THE BUILDING EXTER/OR FACE BETWEEN OTHER LCE BOUNDARIES. CIVIL CONSULTANTS 4. EXTRIOR PARANG AREA LCE UNIT C AND UNIT A THE ENCOMPASSED LCE AREAS ARE NOnCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL BUILDING/TRASH ENCLOSURE EXTERIOR FACE BETWEEN THE DRIVEWAY AREA LCE UNIT A 502 MAIN STREET, SUITE A3 THE CONSTRUCTED CONCRETE SLABS FROM THE PROPERTY BOUNDARY TO THE ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) CARBONDALE, COLORADO 81623 EASTERLY LIMITS (EAST END GARAGE OPENING) TO THE CONSTRUCTED RETAINING WALL. AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACnON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN l inch = 4 ft. YEARS FROM THE DATE OF CERnFICATION SHOWN HEREON. 24163 09/04/07 24163_CONDO.DWG (970) 704-0311 ,6Z'Z 1 340NOO ,69'LI 69 13018 1311Â¥ AVENUE 64 CONDOMINIUM MAP OF: 306 SOUTH GA_RMISCH TOW_NHOMES 00_NDOMI_NIUMS A PA-RCEL OF LAND SITUATED IN THE S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE Gth P.M. CITY- OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO SHEET 4 OF 6 SECOND LEVEL PLAN VIEWS UNITS A&B GARMISCH STREET L PROPERTY BOUNDARY 7.17' UNIT TIE, SOUTHWEST M DECK M COL/NG 4 LCE Unit B w ~EL=/.932.11 V PROPERTY CORNER, (,4 | \ BEARS 519'14'42"W 8793' V///////////9/////////'//, : 3 25(ff~~393Â»Â»53 -7777,1,/1,11 .FL.6-11....1 .,1.-9 4lip \Â»K %*AC r-h--4- ~p -F,-,_-- - ;7 -'-. ' 3-" Z " -r[/ , - . if h~ CE#LING " . * 9 12' ~S>- U,eA\. An~COUNG---4033> 1 15.63' X\ EL= 7,934.75 A EL= 7,934.90/ f. 14 ...9 = Mi. 45 ~th-uggFSOUTHWEST $. rUORNER, / 4 if 1. AVA>r~'A 1 60 15 2/ B 51Â· t.t * AV /, w ~7'CEILING ~N '~4\ ~ ~- CEILING i 24 14'/AN elliÂ»-----41*50/00- . 629\ I~EARS 564Â·~*11'W-5,93' Â»2 >dEMR'Rk ~A h"- Lmmm~-A /f . CO EL=7,934.56| -UTT77/f/' ~'----COUNG 7//A/ 9 EL= 7,926.31| EL=7,937.48 10.78' 1 2 10.72' Â¢41 \_COUNG CE/UNG EL=7,935.55 EL=7.939.86Â£)0 i \f CE/LING DN I Râ‚¬L=7,9400 3 EL=7,941.0tyN 1 4 1 * m CEILING EL=7,925.21 1Â¥6 *2~M't" I Â£ 1 A 4 CE!UNG ent EL=7,937.25~~ . . 73-CEILING / JpN --9 COUNG / EL-1331.48 Unit B A / EL=7.939.91 ~ ~~ EL=7,926.11 COUNG ~ L CE/LING \ / FF=7,917.40 , 11 \DN 2222.~Ri> / CEILING / / CEILING / EL=7,934.90 1.122.-8.6 41# CEIUNG J ~ CE/LING CEILING / CEILING ,#7 EL=7,934.75/ 12.04' EL= 7,934.81~ = EL=7,937Â·25-\~ lp~ <D~= 7,928.76 EL=7.932.3- 415516 u * 11j 1 121 l. ~~ ~R ~ CEILING EL= 7,932.11 Unit A ~ 1 COUNG ml 71\\ft EL=7,926.06 ~ 1.miz.d I / FF=7,917.40 CEILING COUNG p COUNG # \\ 1 CEILING a= 7,924.06 55 1 2 Q EL=/.925.21 CEILING 4 1 EL=7.934.31 EL=7,934.26 C.2 (D \\ / EL= 7,925.26 14 1 -0/ \ f COL/NG \ COL/NG 4 4 EL=7928,17/Y EL= 7,925.26 3 6 d *bE/LING ~ EL=7,934.86~ COUNG \1 4 + EL=7,932.16;9 10.20' 1 \1 42 7/////////////051 'V~~/////////////i/i'/////////////////////N////////////////i, /11///////lb. J. 10.49' Y 0 4 X<ex COUNG 49/ 1 J 111'934!Â»-~--Mill - 12.49' ~ ri""2 *A#4"t'*7*INA 10.18' 5 ~ A 99\ EL= 7,932.16 4 / i \ CE/UNG 00,49 ~ 2 ~ Â¥ \EL=7,921.-6 ff 3Â»00 41 - ff~ Iii. p 45 COUNG j COLING ~ 0 4 li~likiiilpill,3/.*4,511F,.pphili:. 44/ 11 n A f E LCE Unk B * PRIVATE DECK 3 CEILING EL=7,925.06 - CEILING CEIUNG f CEIUNG CEILING 4 FF EL= 7,925.24 EL==7,925.24 EL= 7,925.19 EL=7,926.11 4 EL=7,926.06 LCE Unit A 3 1 BUILDING 3 4 4 -1 FF = ANISH FLOOR Fl f 1 7 *A COL/NG EL=7,925.35 PR/VATE DECK _~ CEILING EL = CEILING ELEVATION 32 m' A t.k. FF EL=7,917.44 SEE SHEET 6 OF 6 De lilil - LCE = LIMITED COMMON ELEMENT 7 * $/: 3 N14*49'55"E NORTH-SOUTH * 4 #F 4 W INTERIOR WALL BEARING ~ CE/LiNG | # fi =c~'kVALL ~NG U-, . 0 Et EL=7,925.26 1 1 3 N14'49'55"E NORTH-SOUTH EXTERIOR WALL BEARING 10.181 23.04' ~ 1 27.18' 1611' 575'10'05"E EAST-WEST ~ 45'///1///31~/#'/1'////LY@,Â«40505*7////1//1//A-MIP---Â·-44/595*2097//7//Â»Â»htÂ»--4>5//Â»900%Â·%45Â«>/2 407Â»1Â·9////Â«///AÂ»---4PF////27//7/,747//////////Â»MP-----qllÂ»----1F//447//Â»////////4427427//n-9 5%37Â»24>22172222,Dj 1-1 1 ////////////////////, 2//////////////////////////A 1///////////////// 7/*'///////////////////A V////////////,77////////////A Y/////////1///////////////////1//.'/. /////////////////////A EXTER/OR WALL BEARING PLAN & ELEVAnON VIEWS ARE FROM ARCHITECTURAL DRAWINGS UPDATED VWTH AS-BUILT DIMENSIONS AND ELEVATION r PROPERTY BOUNDARY INFORMADON. ALL PARTS OF THE PROPERTY, GROUNDS, IMPROVEMENTS, INSTALLATIONS AND FACcullES WHICH ARE NOT INCLUDED WITHIN A UN~, AS THE TERM "UNIT" IS DEFINED BY THE DECLARATION AND THIS MAP, CONSTITUTE EITHER GENERAL OR UMITED COMMON ELEMENTS SECOND LEVEL PLAN AS THOSE TERMS ARE DEFINED IN THE DECLARATION. ANY AREA NOT IDENTIFIED AS A UN/T OR LCE IS TO BE CONSTRUED AS A GENERAL COMMON ELEMENT (GCE). INTERIOR COLUMNS AND/OR WALLS E-K (STRUCTURAL ELEMENTS) AND BUILDING UTILITIES, IF ANY, W/THIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULANONS. GRAPHIC SCALE SOP-RIS ENGINEERING - LLC 4 CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NOnCE: ACCORDtNG TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACMON BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 inch = 4 ft. YEARS FROM THE DATE OF CERnFICATION SHOWN HEREON. 24163 09/04/07 24163_CONDO.DWG (970) 704-0311 322 *1 AZINXION 2 Â»t--- 1 -V.eN\, >13018 1311Â¥ c-#/b Â«X \Â»Â»Xy â€ž _ 1Â«\1 HYMAN AVENUE 15.98' 16.06 CONDOMINIUM MAP OF: 11---SOUTH--GZARMISCH-TOWNHOMES-CO-NDE-MINIUMES A PARCEL OF LAND SITUATED IN THE S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN, COUNTY- OF PITKIN, STATE OF COLO-RADO SHEET_5QEL_6 THIRD LEVEL PLAN VIEWS UNITS A &8 U E, SOUTHWEST PROPERT?CORAER, BEAR& 525'42'26"W 36.28' 0 7 0 9 U-'4?;1 ':2â€¢Â£~12*Â·'9/K' .. , &%&'Â· D ~ CE/LING 1 i 9, EL= 7,934.72 ~ 1 3 D 9 -COUNG N| ~ *L= 7,937.1 1 CEILING , 111- .- 1 1,~1-4---- ---r=1~- EL=7,941.77 Â· D 2.89 r ZCEILING \ EL=7.942.42 FF EL=7930.00 D COUNG \ EL= 7,934.4>l FP-7,933.70 p D 1 -2 2 1 CE/UNG \ EL= 7,940.97-# J NOTE: AREA OPEN D TO 2ND FLOOR / ' \_CE/UNG / J EL-7,942.17 D \ CEILIND 1 CE/UNG EL=7,938.02 1..54' 0, 1EL= 7,939.67 ~ D - Â£772â‚¬t B s LCE Unit B FF;~~57 ~ ~ OPEN PRIVATE DECK FF EL=7933.22 1 D 11 1 11 CEILING . D, EL=7,935.65 * ~1 J CEILING ~ l D 4 EL= 7,935.66 1 || COUNG 1 11 * EL=7,934.7~~ 1 Gl 1 11 6 D | COUNG 1 1 9 15.06' EL= 7,935.65 D D 1 1.07 1 D 1 CEILING | EL=7 934.66 D 2.90' .91 COLING 1 D R-t~EL= 7,933.94 \ COLING COUNG D / EL= 7,942.31 I ra= 7,938.91 D R-~ - 18.30' - A 4 \ 0 0 0 0 /\0% 0 0 _IL_ D -41 CE/L/NG | CEILING 4 6 LCE EL=Z935.59 | EL=7,936.95 N Unit B d 1 1 --COUNG ) EL= 7,936.49 1 / 1 D 1 LCE Unit A Nr- CEILING h OPEN PRIVATE DECK [ ~ 0 2.88' EL=7 934.66 FF EL=7927.80 0!/ EL=7,9340 BUILDING FF = FINISH FLOOR D 1.09 ---- CEILING EL = CEILING ELEVATION 5.71 *- u 4 CEILING , SEE SHEET 6 OF 6 100 EL=7,937.3 CEILING |~~ Al 9 DN EL=7,936.54 LCE = UM/TED COMMON ELEMENT D CEILING - --- 45N\\ EL=7,934. 9 L=7,934.6 EL= 3 934.64 CEILING EILING CEILING N14'49'55"E NORTH-SOUTH EL=7,934.71 6.03' INTERIOR WALL BEARING D -530' 1 S75'10'05"E EAST-WEST INTERIOR WALL BEARING D N14'49'55"E NORTH-SOUTH ~ EXTERIOR WALL BEARING D 57510'05"E EAST-WEST 6 0 0 0 EXTERIOR WALL BEARiNG O 0 0 0 0 0 000000000000 00 PLAN & ELEVAT]ON VIEWS ARE FROM ~J ARCHITECTURAL DRAWINGS UPDATED WITH AS-BUILT DIMENSIONS AND ELEVATION INFORMAnON. ALL PARTS OF THE PROPERTY, GROUNDS, IMPROVEMENTS, INSTALLATIONS AND FACILINES WHICH ARE NOT INCLUDED WITHIN A UNIT, AS THE TERM "UNIT" IS DEFINED BY THE DECLARATION AND THIS MAP, CONSTITUTE OTHER GENERAL OR LIMITED COMMON ELEMENTS AS THOSE TERMS ARE DEFINED IN THE DECLARATION. ANY AREA NOT IDENTIFIED AS A UNIT OR LCE IS TO BE CONSTRUED AS A GENERAL COMMON ELEMENT (GCE). INTERIOR COLUMNS AND/OR WALLS E-K (STRUCTURAL ELEMENTS) AND BUILDING UnLITIES, IF ANY, WITHIN A CONDOMINIUM UNIT OR LCE BOUNDARY ARE GENERAL COMMON THIRD LEVEL PLAN ELEMENTS. THESE ELEMENTS, IF ANY, AND ANY INTERIOR WALLS HAVE NOT BEEN EXCLUDED FROM THE UNIT SQUARE FOOT CALCULATIONS. GRAPHIC SCALE SQ-PRILEN-GINEERING-_LLC 4 CIVIL CONSULTANTS NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL CARBONDALE, COLORADO 81623 502 MAIN STREET, SUITE A3 ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 inch = 4 ft. YEARS FROM THE DATE OF CERTIFICAnON SHOWN HEREON. 24163 09/04/07 24163_CONDO.DWG (970) 704-0311 M l '9 Â» L 6* CONDOMINIUM MAP OF: 306 SOUTH GA-RMISCH TO-WN-HOMES CO_NDOMINIUMS A PARCEL OF LAND S-ITUAT-ED IN THE S-Wh OF SECTION 7 TOWNSHIP 10 SOUTH, -RANGE 85 WEST OF THE 6th P.M. CITY- OF ASPEN, COUNTY OF PITKIN, STATE OF COLO-RADO SHEET 6 OF 6 ELEVATION VIEWS UNITS A, B, C AND D CHIMNEY CAP CHIMNEY CAP EL=7,948.37 EL=7,948.37 CHIMNEY CAP CHIMNEY CAP EL=7,947.49 EL=7,947.497 CHIMNEY CHIMNEY PEAK CHIMNEY PEAK CHIMNEY ~~ PEAK EL=7,944.65 EL=7,944.65 EL=7,943.94 ROOF ACCESS TO DECK EL=7,943.80 EL=7,943.86 EL=7,943.80 EL=7,942.65 EL=7,943.00 PEAK -ERNA .,*1â‚¬23* . Â·Â· PEAK COUNG ~EL=7,941.69 PEAK LO EAVE , \EL=7.939.91 - , EL 7,941.69 EL=7,936.60 . 31 2-11 ACCESS RO EL=7,931.89 EL=7,937.6 1-, ri EAVE 1 1:Â·=27-9Â£,1 7...tr,"rÂ·Â· -AVE 4 0 EL=7,934.32 --1- " t.- 5.AAE I . 2- r ge-- - I L 1 1 UN 1 n - - ~' : '.;91.,Z'.,4 11 M -1 mn 11Â· Pr' P i 1 Ij'EAVE EAVE EL=7,926.29 EL=7,931.92 i Iii] 2 - . 39' 8 66 6 8 1 1 cmu - E ( 4- - , .35 ~ EL= 7 55 ~ "~ - --= --~~ _. . 1- 17.44 Â·7 19*4 -'=- ~ Ill#*E~[ FF :' :61. . i,i '-1 i-9- i 21 --irl,J I./L. - ILING CE/L/ C ING 0 -Ele EL= 62.27 L ~#79 -L 1N USNG, 1 1 0 = , 5.89 IEL 7,91 . 43 fl-41Â·91324 [-~Ecal *16.04 ElU CapN r- Â·OWN _ ~7, 5.92 Â£= 91 7 i ~ ~,A UN- L_[ 3 91. - 3 + L I ~b Â¢1 GAWÂ· E FF FF a - - - P--0Â£7 1 -F -0 -5 \ i l.*79 -59-1 - I ---- - 1 0- -SUN Â· _~ COLING 3 m 0~ U IE k// 11\91. 1 COL/NG f E/UNG ~ CaUNG _ CEILI G CEILING CEILING _~- EL r, Â·f~.'1 EL=7,904.98 EL=7,905.17 Ina= 7 905.21 EL=7,905.21 ~905.18 ~ EL=7,905.18 r==3-f' 17,905.26 \3 uNIT B UNIT C UNIT UNIT D U:k:~ UNIT A FF FF EL= 7,896.01-~ EL=7,896.01 EAST ELEVATION NORTH=ELEVATION CH}MNEY CAP CHIMNEY CAP EL= 7,948.377 CHIMNEY CAP EL=7,948.37 EL=7,947.49 CHtMNEY PEAK CHIMNEY ROOF ACCESS TO DECK PEAK CHIMNEY EL= 7,944.65 PEAK EL=7,943.83 EL=7,943.80 PEAK EL=7,943.00 EL=7,943.94 EL=7,94268 EL=7,941.69 EL=Z942.65 PEAK cor GL, ~ ~., ' 32 EL=7,944.65 , . ING CEILING 44 ' UL=7,939.91 EAVE PEAK 9 EL=7.931.89 61 EL=7.936.6 = 3 L L + Lar' 4 EAVE 1 FTR I| EL=7,98 z r ~ ' ~ r. ~ 0- EL=7,934.32 1' ' Â· C - 1~ -LI 3 EAVE - i Ed-7 .11 EC- J -7-3 1 I 'kr lim -- 6792.7 ' EL= ,193..90 j I IP.-k' EL=7,931.92 hi 1 E-] El - M 0 r ~-IJ ~ -r N 1 r 0 0 E [L U nP 11===1 0 11 N 4 Edhi 'liwin[ EE -*1- i -EL= ~1 11,111 Pe --tl=,917.38 1 1 C UNG UNG 3-01 :~.9 8'Fl 7,915.24 - ,16.-4 9 .9 EL= -, . . 1 ,9 ' FF GF AGE- = 906. 9 4 21 - ; - - -Etaj- .697~==~~~-~ COL/NG~ CE/UNG~ C /UNG -~ COLING ~ CE/L/NG _~ CE/LiNG.~ EL= 7,905.01 EL=7,905.26 E =7,905.08 EL= 7,904.98 EL=7,9 4.98 EL=7,904.04 UN TB T UNIT A UNIT B FF FF EL=7,896.01 d/~ EL=7,896.01 SOUTH ELEVATION WEST ELEVATION GRAPHIC SCALE SOPRIS ENGINEERING - LLC ELE.YATION_VIEWS_NORTH_SOUTHEAST-AND-WEST 1~ CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 NORCE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACnON BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS ( IN FEET ) CARBONDALE, COLORADO 81623 AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1 inch = 10 ft. *70) 704-0311 YEARS FROM THE DATE OF CERTIFICAION SHOWN HEREON. 24163 09/04/07 24163_CONDO.DWG City of Aspen Community Development Department CASE NUMBER 0045.2007.ASLU PARCEL ID NUMBER 2735-124-71-039 PROJECT ADDRESS 306 S. Garmisch St. PLANNER Jason Lasser CASE DESCRIPTION Subdivision Exemption REPRESENTATIVE Lenny Oates DATE OF FINAL ACTION 9/20/07 CLOSED BY Amy DeVault -- -= 101.,ft.:1.- ..1~k . -:,6.haim; -rjJ- -- f - - ...4,Â»Prj'IdjIWIT Elle Edit Record Navigate Form Reports Format Iab Help . Jj) t>< .9 k./ 23 4 - c fil Â¢19 --3 id 0- vi U 41 9 01 E .4 li lump 1 + c~, -@~ 9 - 0 2 3 4 - ./ 2 .4 0 V i Main' Routing Status Fee SummarM Actions Routing History Permit Type L..u .Al = Permit # ~0045.2007.ASLU Address |306 5 GARMISH id Apt/Suite ~ 1 City jASPEN % State~CO 2 Zip |81611 " Permit Inf drnlation Master Permit ] 1| Routing Queue ~aslu07 Applied ]08/15/2007 LI prolect ] -~ Status }pending Approved | 91 i - i Description SUBDIVISION EXEMPTION Issued 1 11 1 Final 1 11 Submitted |LENNY OATES-920-1700 Clock |Running Days ~56 Expires ~08/09/2008 =!1 Owner - - - 1 Last Name ~306 S GARMISCH LLC g] First Name ~ |617WMAIN ~ASPEN CO 81611 Phone ~970) 925-5990 12 Owner Is Applicant? Applicant -- Last Name ~306 5 GARMISCH LLC id First Name | I 61 7 W MAI N IASPEN CO 81611 11 Phone ~970) 925-5990 Cust # ]27645 6 11 Lender -â€ž i Last Name | 3 First Name ] i Phone ~ Enter the permit type code AspenGold[bl ~ 10 Record: 1 of 1 ~ semi >10!no xoqiool sdnoig qel L ~4- - ermit /4 - ..1- .,...LI' ....l - i . L :5 8 0 / 1 1 1 - ..... 1 1 1 â€ž - - r Eile Edit Record Navigate Form Reciorts Format Iab Belp . tlide â€¢X >~ - 14 4 k M lump 1 C - : U Q - G roup Ll-. Action |comdevlu g|~LAND USE REVIEW | i'-Schedule Request --- : ~ Assigned by |iennifep _|JENNIFER PHELAN 1 ! Sched start |08/16/2007 01:15:19 PM fl| Sched end | 13 Contact j Phone] Received ~ 1 --J Result Information - ~- -- -- " " ~ -- - 1 Complete F Code | .n~ Startdate |08/21/2007 01:15:34 PM ._~| Complete date ]09/20/2007 03:58:08 PM -_j Hours | 3.75 Completed by liasonl AJASON LASSER IVR Message f Comments Activity Check List I 8-21-07 - REVIEWAPPLICATION, PLAT - 2 HRS -JL 8-22-07 - FINISH REVIEW/MEET W/ LENNIE FOR CHANGES -1 HR - JL 9-4-07 - APPLICANT DELIVERED REVISED SET - JL 9-14-07 - REVIEW REVISED SET/REQUEST MYLARS CALL -.5 HR -JL 9-18-07 - MYLARS DROPPED OFF BY LENNY - JL 9-20-07 -SIGNATURES/CLERKS -.25 -JP FOR JL G roup number this action is for Asper,Gold[b) I CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of Citv of Aspen Development Anplication Fees CITY OF ASPEN (hereinafter CITY) and 306 S. Garmisch, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Condominiumization of five newly construcrdd residential units at 306 S. Garmisch, (hereinafter, THE PROJECT). Aspen, Colorado 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty o f 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 aettlication completeness, APPLICANT shall pay an initial deposit in the amount of $ 909.00 which is for c ree (3) 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 306 S. Garmisch, 9 , c 51/1\1 1*98 By. By.Â· C:r-â€¢"ACE....1 " ,, Chris Bendon 1.,eonara M. uates) .1.O ~*corIIZy arla agent Community Development Director I)ate: Bill To Mailing Address and Telephone Number: c/o Oates, Knezevich, Gardenswartz & Kelly, P.C. 633 E. Hopkins Ave., 3ra Floor Aspen, CO 81611 970-920-1700 ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: 306 S. Garmisch, LLC 306 S. Garmisch, Aspen, CO 81611 Location: (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) 273512471038 & 273512471039 REPRESENTATIVE: Name: Leonard M. Oates Address: 533 E. Hopkins Ave., 3rd Floor, Aspen, CO 81611 970-920-1700 Phone #: PROJECT: Name: 306 S. Garmisch Townhomes Condominiums Address: 306 S. Garmisch, Aspen, CO 81611 970-920-1700 Phone #: TYPE OF APPLICATION: (please check all that apply): ~1 Conditional Use j conceptual puD ~ Conceptual Historic Devt. El Special Review Â£ Final PUD (& PUD Amendment) ~ Final Historic Development U Design Review Appeal I~ Conceptual sPA U Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) E Historic Demolition Â£ GMQS Exemption ~ Subdivision El Historic Designation U ESA-8040 Greenline, Stream E Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane O Lot Split El Temporary Use El Other: U Lot Line Adjustment C Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) New constructed residential condominium - two (2) free market units and two (2) deed restricted affordable housing units PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Condominiumization of newly constructed residential building Have you attached the following? FEES DUE:$909.00 ~ Pre-Application Conference Summary Â£1 Attachment #1, Signed Fee Agreement El Response to Attachment #3, Dimensional Requirements Form C Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. - -111[[mt_ -IEET[[ll. - ALTA OWNER'S POLICY - 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in deinse of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date ofPolicy shown in Schedule A. STEWARTTITLE GUARANTY COMPANY 36 -0 45~â€¢de:eÂ·/5*mÂ·j 0.4 4. Chair-n of thi ~Board / 6:. -*- E#1 7 'C pr.i...t L it 1,08 12; Countersigned: Authorized Countersignature Stewart Title of Colorado Inc. - Aspen Division (970) 925-3577 620 East Hopkins Avenue Aspen, CO 81611 EXCLUSIONS FROM COVERAGE The following matters are expressly exchided from the covelage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter brected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land isor was a pall; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date ofPohcy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Dateof Policy which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded m the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy, or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Serial No. O-PRO-FORMA Page 1 of4 ALTA OWNER'S POLICY 10-17-92 NI[1-- -1[TZ- L --imr- - -111[[- L Ilm[[1 -1Â·r JIll 711. "ITI _ ~" 1 _ "11.._. -FT. -. -In-_.. ~~~11 0*izi Il Il]11~mTT-lili_......_11. "--1...-. --111~-1- ---im..._ -Tr _ -_ .. - Â·1-m-Â· 1._._. -=miin....Lum 4. Any claim. which arises out of the transaction vesting in the Insured the estate or interest insured by this Policy, by reason of the opmtion of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer. or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential tmnsfer results from the faiture: (i) to timely record the instrument of transfer, or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to. heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" docs not include any property beyond the lines of the area described or referred to in Schedule [A][C], nor any right, title, interest, estate or easement m abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is in:ured by this policy. (e) "mortgagÂ¢' mortgage, deed of trust. trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers Bir value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of mart=ble title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TrrLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason ofcovenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an Adebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section *a) below. (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, u insured, and which might cause loss or damage for which the Company may be liable by viltue ofthis policy, or (iii) if'title to the estate or interest, as insured. is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OFINSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only u to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not ingured against bythis policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which m its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take ~ any appropriate action under the terms ofthis policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall = secure lo the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein. and permit the Company to use, at its E option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Cornpany is prejudied by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. with regard to the matter or matters requiring such cooperation. 1 Serial No. O-PRO-FORMA Page 2 of4 ALTA OWNER'S POUCX 10-17-92 - 1.-L_. --I[TIL... -nmi[.1.. .1.rn. -111.-... 1[..11 ..... -Tin-.. __ -Un- 1_ -11.- ....... "'lll I. ...._.. ~~ ~ li-LIL. - - -L L.. - -m.. --IN ... 1[I[LL- 5. PROOF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state. to the extent possible, the basis of calculating the amount of the loss or damage If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, lodgers, checks, Comspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine. inspect and copy all records, books. ledgers. checks, correspondence and memoranda in the custody -4 or control of a third party, which reasonably pertain to the loss or damage. All infbrmation designated as confidential by the insured claimant provided to the ~ Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administiation of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested infbrmation or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (*) To Pay or Tender Payment of the Amount of Insurance (i) To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this options all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to ~ pay. Upon the exercise by the Company of either of the options provided for in paragiaphs (bxi) or (ii). the Company's obligations to the msured under this policy for the claimed loss or damage, other than the payments required to be made, shall te:minate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILrrY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of (i) the Amount of bsurance stated in Schedule A; or. (ii) the difference ~ ~ between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value oflhe insured estate or interest or , the full consideration paid fbr the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the ~ value of the insured estate or interest by at least 20 pacent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made. as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss. the Company shall only pay the loss pro rats in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to ~ the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvementl'he provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENr. If the land described in Schedule A consim of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the < value on Date of Policy ofeach separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the inged at the time ofthe issuance ofthis policy and shown by an express statement or by an endorsement attached to this policy. , A -------7-- Serial No. O.PRO-FORMA Page 3 of 4 ALTA OWNER'S POLICY 10-17-92 ------ 4 111 - 111 . -7 -IE- U... -UIL I . 311.-_ L. --WL.... ~'111... 1.. 10- -1. - - m -III. m J 7//L... - ~1-T/I.U... . --11 1-mill I . . 71 -""LELL.. -11. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect. lien or encumbrance, or cures the lack of a right of access to or from the land, or J cures the claim of unmarketability of title, all as insund, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition ofall appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior wntten consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILrrY. All payments under this policy, except payments made forcosts, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NON-CUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy 2 insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A and the amount so paid shall be deemed a payment - under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement ofthe payment unless the policy has been lost or destroyed, in which case proof of loss or destmction shall be furnished to the satisfaction ofthe Company. (b) When liability and the extent of loss or damage has been definitely fixed m accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. -1 (a) The Company'â€¢ Right of Subrogation. E Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of H the insured claimant. The Company shall besubrogated to and be entitled to all rights and remedies which the insured claimant would havehad against any person orproperty in respect to the claim had this policy riot been issued. If requested by the Company. the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss ofthe insurrd claimant, the Company shall be subrogated to these rights and remedies in the proportion, which the Company's payment bears to thc whole amount ofthe loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this.policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impainnent by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non4nsured Obligon. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to 0 indemnitics, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for - subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pumiant to the Title Insurance Arbitration Rules of the ! American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured ~ arismg out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All 5 arbitrable matters when the Amount of Insurance is $ 1.000,000 or less shall be arbi#ated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only ifthc laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the E Company upon request. 15. LIABILITY LIMrrED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements. if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision ofthis policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim. shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hercon or attached hereto signed by eithcr the President, a L Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision. of the policy is held invalid or unenforceable linder applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P. O. Box 2029 Houston, TX 77252-2029. Serial No. 0-PRO-FORMA Page 4 of 4 ALTAOWNER'S POUCY 10-17-92 -LLUT 1... m IL..1 1-. .. -Ull I ALTA OWNER'S POLICY SCHEDULE A Order Number: 43156A Policy No.: O-PRO-FORMA Date of Policy: August 14, 2007 Amount of Insurance: Premium: 1. Name of Insured: 306 S. Garmisch, LLC, a Colorado limited liability company 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 306 S. Garmisch, LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: 306 SOUTH GARMISCH TOWNHOMES COP(DOMINIUMS, according to the Condominium Map thereofrecor(led 2007 in Plat Book _ at Page _ as Reception No. and as defined and described by the Condominium Declaration for 306 South Garmisch Condominiums recorded 2007 as Reception No. NOTE: Blanks will be filled in upon recording of Condominiumization Documentation. County of Pitkin, State of Colorado THIS SPECIMEN (PRO FORMA) POLICY AND ITS ENDORSEMENTS, IS FURNISHED AT THE REQUEST OF THE PROPOSED INSURED AND IT IS UNDERSTOOD AND AGREED THAT IT DOES NOT REFLECT THE PRESENT STATE OF TITLE. THE FURNISHINGS OF THE COVERAGE SET FORTH HEREIN IS CONTINGENT UPON ALL OF THE COMPANY'S REQUIREMENTS BEING SATISFIED AT OR PRIOR TO CLOSING. STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE B Order Number: 43156A Policy No: O-PRO-FORMA This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes and Assessments for the year *, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Terms, conditions, obligations and restrictions as set forth in Statement Of Exemption From The Definition Of Subdivision recorded September 18, 1878 in Book 354 at Page 980 as Reception No. 207449. 9. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving with Conditions, the Hyman Apartments Condominiums Subdivisions and Condominiumization to Construct a Multi-Family Building Consisting of Two Free Market Residential Units and Two Deed Restricted Affordable Housing Units on the Property known as 306 S. Garmisch Street, City of Aspen, Pitkin County, Colorado, Ordinance No. 35 (Series of 2005) as set forth in instrument recorded September 20,2005 as Reception No. 515008. 10. Terms, conditions, obligations and provisions of Subdivisions Agreement for 306 South Garmisch Condominiums Subdivision as set forth in instrument. recorded October 11, 2005 as Reception No. 516082. 11. Easements, rights of way and other matters as shown and contained on 306 South Garmisch Condominiums Subdivision recorded October 11, 2005 in Plat Book 76 at Page 2 as Reception No. 516081. STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE B Order Number: 43156A Policy No: O-PRO-FORMA 12. Terms, conditions, obligations, provisions, easements and assessment of Condominium Declaration for 306 South Garmisch Condominiums as set forth in instrument recorded , 2007 as Reception No. 13. Easements, rights of way and other matters as shown and contained in Condominium Map for 306 South Garmisch Condominiums recorded , 2007 in Plat Book _ at Page _ as Reception No. STEWART TITLE GUARANTY COMPANY CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 8/13/07 PROJECT: 306 S. Garmisch APPLICANT: John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, REPRESENTATIVE: Lennie Oates TYPE OF APPLICATION: Condominiumization DESCRIMION: The prospective Applicants would like to condominiumize the fourplex under construction. The property contains two free-market residential units and two affordable housing units. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 26.480.090 Condominiumlzation Review by: - Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $705.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: Housing Referral($204.00) Total Deposit: $909.00 Total Number of Application Copies: Condominiumization: 2 Copies To apply, submit the following Information: 1. Total Deposit for review of application. 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. 08/15/2007 15:23 970-704-0313 SOPRIS ENGI RING PAGE 01 . , 0 1,1 . 1 - ... -I. .,1 . .....4. f' 4 :;11 '1"..ID.' 00" '~ 1,~> / 1 ~ ' V AF E : . ., " A'r- 1 . . 0,4. .... L ./ i i 50 _.7 <* ~ **~ 'M,-5 -- ; Â©*7 ... A. lit , . 91 .1 0 ...... 1& ..% 1 , , 2 3fÂ·. t.â€¢Â»14 ?1:t 1 1 el . A . . 1 ..., i?'1'5.3.'kii:/W..4 -N 1; 4 4 - 0 4' F fit:6 Â· M '.62&54..0 1 . 1.7 I Â«f :4Â·:'ri?4Â·44 :.:1*f#*:4~'Â¢4AspLR'' 7. 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Â· .47. 10 .4. pwicir Â¢ 0.4, '., . f 4;:'f,I ( vl} e"hf~ ' 1 4.174- 1 4 .i ' 1 .. 4 / 6 ' 10[' t'Â·,~ ,[1]ll,14, :4\'.1 ., 1,1% . ,Â·\ â€¢:,. /2 ...Aâ€¢....k~ d'Â·'4. ' 0 -,7 . t 11 , 'J]/ 41, :. 41'e'......tz t. 6. '. ..r. i , f 1% Â£ f :i, ..1 1 1 4, 1 I 2.1.... . '. I. .. 0 ( i i 1 +i : 4 , â‚¬4 , ;/4 1 ,iw~'â€¢ st .(40\ 'v . 4% A . T . ... --0 fl i'}10Â·21,/24'J q '. 11 4 4, , b , .." er 1 p /1.'Â·:SU; If nf,/u,Â·4 *,Nll i , 1, 1, ~ b. m .. i.#.'*4 1 ,.1, 1 4. ., â€¢>~- U 4 -/ .,4 ... ..... , ,/ , 1 b.- Â» 71 *.bkz./. p: % 1. . t/, ./Je:- '17 - ''1 -'Ii,1 /1, . , ~ 1.1 1 1 ll, 'll .. ..:10 : 1/ P '. ji , Â·, $/bitt. I ..if 6/ 1 34,0" ~~ ~~~~~/~ 0; 10 0, V' , '. .4, h .. .. f 1 1-1, :9:1. 1 . 7 ... W.Ete -4 11 3 -XE': . 1,4 e , A.4.1 1.1 -5 11:1 , 4 3. t . I i. I ., 111 r ..1. "0 . % 1 ,, :7 ''th/'A ' 1, 1-,79, '41Â».CA' ' ,~; lit - : 1. 1 ., 1, 1 .2 4 . I. . 9 ..Â»ff ' , 1.,/t- 3 *20*Â·(9*ENTi' 47. .11,1:f.Lt-f?,211 260. '4 - -4...0, Put 411 94*.Prr,1,4+duArro~ .~U..,n.L10--b <.fi.litfift'*Â«>:. - t. h.:.*er.:.r ''~%'.6 'h... b .4 Â£ VICINITY MAP I. .---. 017020036 -1 01732005.*BA Colorado Secretary of State liE-Filed Date and Time: 12/02/2005 03:32 PM Document processing fee Entity Id: 20051445024 If document is filed on paper $125.00 If document is filed electronically $ 50.00 Document number: 20051445024 Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www. sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. ABOVE SPACE FOR OFFICE USEONLY Articles of Incorporation for a Nonprofit Corporation filed pursuant to Â§7-90-301, et seq. and Â§7-122-101 ofthe Colorado Revised Statutes (C.R.S) 1. Entity name: 306 S. Garmisch Townhomes Condominium Association (The name ofa nonprojit corporation maL but need not, contain the term or abbreviation "corporation", "incorporated", "company", "limited". "corp.", "inc.", "co." or "ltd" Â§7-90-601, C.R.S.) 2. Use of Restricted Words Afany ofthae terms are contained in an entity name. true 0 -bank" or "trust" or any derivative thereof name of an entity, trade name or trademark Il "credit union" Il "savings and loan" stated in this document. mark the applicable 0 "insurance", "casualty", "mutual': or "surety" box) 3. Principal office street address: 306 S. Garmisch (Street name and number) Aspen CO 81611 (City) pale) (Postal/Zip Code) United States (Province - Vapplicable) (Country - if not US) 4. Principal office mailing address: (if different from above) (Street name and number or Post Ollice Box information) (City) (State) (Postal/Zip Code) Wrovince - if applicable) (Country - if not US) 5. Registered agent: (ifan individual): (LasO (First) (Middle) (suf~x) OR (if a business organization): Oates, Knezevich & Gardenswartz, P.C. 6. The person appointed as registered agent in the document has consented to being so appointed. 7. Registered agent street address: 533 E. Hopkins Ave. (Street name and number) Aspen CO 81611 r WED (City) (State) (Postal/Zip Code} ~ 2 ARTINC_NPC Page 1 of 3 tv. 6/15/2005 4' IG 1 0 2007 ASPEN BUILDING DEPARTMENT 01702005 8. Registered agent mailing address: (if di fferent from above) (Street name and number or Post Ollice Box information) (City) (State) (Postal/Zip Code) (province - if applicable) (Country - if not US) 9. If the corporation's period of duration is less than perpetual, state the date on which the period of duration expires: (mm/ddthyy) 10. (OptionaO Delayed effective date: (nunlddly'yy) 11. Name(s) and address(es) of incorporator(s): (ifan individual): (Laso (First) (Middle) (su#ix) OR (if a business organization): Oates, Knezevich & Gardenswartz, P.C. 533 E. Hopkins Ave. (Stree{ name and number or Post OIRce Box information) Aspen CO 81611 (City) (Smte) (Postal/Zip Code) United States (Province - ifapplicable) (Country - if not US) (ifan individual) (Uso (First) (Middle) (sulAV OR (ifa business organization) (Street name and number or Post Ollice Box information) Caty) (Slate) (Postal/Zip Code) Un ited States (province - ifapplicable) (Country - if not US) (if an individual) (Laso (First) (Middle) (Sul~X) OR (ifa business organization) (Street name and number or Post OInce Box information) (City) (State) (Postal/Zip Code) United States (Province - ifapplicable) (country - if not us) (If more than three incorporators, mark this box ~ and include an auachment stating the names and addresses ofall incorporators) RFCAVED ARTINC_NPC Pagc 2 of 3 Rev. 6/15/2003 6. AUG 1 0 2007 ASPEN BUILDING DEPARTMENT 12. The nonprofit corporation is fornled under the Colorado Revised Nonprofit Corporation Act, 13. The corporation will Â® OR will not ~ have voting members. 14. A description of the distribution o f assets upon dissolution is attached. 15. Additional information may be included pursuant to Â§7-122-102, C.R.S. and other organic statutes. If applicable, mark this box 0 and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties ofperjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements ofpaIt 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements ofthat Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state, whether or not such individual is named in the document as one who has caused it to be delivered. 16. Name(s) and address(es) ofthe individual(s) causing the document to be delivered for filing: Oate Leonard M. (Last) (First) (Middle) (Suffix) 533 E. Hopkins Ave. (Street name and number or Post Oince Box information) Aspen CO 81611 (City) (State) (Postal/Zip Code) United States (Province - if applicable) (Country - if not US) (The document need not state the true name and address of more than one individual. However. ifyou wish to state the name and address of any additional individuals causing thedocumen{ tobe defivered,forfiling. mark this box ~ andincludeanatmchment stating the name and address Ofsuch individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. RETRNED ARTINC__NPC Page 3 of3 Rev. 6/15/2005 AUG 1 0 2007 ASPEN RUILDING DEPARTMENT . . NOTICE: This "image"is merely a display ofinformation thatwas filed electronically. It is not animage thatwas created by optically scanning o paper document. Nosuchpaper document was jiled. Consequently, no copy of apaper documentis available regardingthisdocument. Questions? Contact the Business Division. For contact information, please visit the Secretary of State's web site. Click the following links to view attachments Attachment 1 I-'age l of Attachment Attachment 2 Page 2 of Attachment Attachment 3 Page 3 ot Attachment Attachment 4 Page 4 ot Attachment Attachment 5 Page b ot Attachment RcCEIVED r' AUG 1 0 2007 ASPEN 'Ul!.DING DEPARTMENT 01702005 ATTACHMENT TO ARTICLES OF INCORPORATION OF 306 S. GARMISCH TOWNHOMES CONOMINIUM ASSOCIATION 15 TERM The defined terms contained herein are defined in the Condominium Declaration for 306 S. Garmisch Townhomes Condominiums (the "Declaration") and any supplements or amendments thereto, recorded or to be recorded in the real property records of Pitkin County, Colorado. The term of the Association shall be perpetual, unless the Association is terminated sooner by the unanimous action of its members. The Association shall be terminated by the termination of the Project (as hereinafter defined) in accordance with the provisions of the Declaration. 16 PURPOSE The purpose for which the Association is organized is to provide an entity pursuant to Colorado Revised Statutes 38-33.3-101 Â£1. seq. ("Colorado Common Interest Community Act" or "CCIOA") and pursuant to Colorado Revised Statutes 7- 121-101, M. seq. ("Colorado Revised Non-Profit Corporation Act") to govern the real property located in Pitkin County, Colorado, the legal description of which is contained in the Condominium Map for 306 S. Garmisch Townhomes Condominiums filed or to be filed for record in Pitkin County, Colorado as referenced in the Declaration, and which Project consists of two (2) Condominium Units, and two (2) affordable housing units initially a part of the Common Elements ("Project") pursuant to the Declaration as a common interest community. 17 POWERS 17.1 The Association shall have all of the common law and statutory powers of a non-profit corporation which are not in conflict with the exclusive and mandatory provisions of CCIOA, or terms of these Articles and the Declaration. 17.2 The Association shall have all of the powers and duties set forth in CCIOA except as limited by these Articles and the Declaration for the Project and all of the powers and duties reasonably necessary to operate the Association as set forth in the Declaration and as it may be amended from time to time, including but not limited to, subject to the Declaration, the following: 17.2.1 To acquire, own, lease, hold, use, transfer and convey any and all real or personal property that may be necessary to attain the purposes of the Association. 17.2.2 To make and collect assessments against members to pay the Common Expenses of the Association. 17.2.3 To use the proceeds of assessments in the exercise of its powers and duties. RECEIVED AUG 1 0 2007 ASPEN 'IJILDING DEPARTMENT $"St T O%|11Ave/) $? . II//$Â¥/4*v) %0$?/II/ .-/2$-9. *$9/) */4-9/) $?/) v/$$/** 17.2.4 To maintain, care for, repair, replace and operate the Project as provided in the Declaration. 17.2.5 To purchase insurance upon the Project and to provide protection for the Association and its members as provided by the Declaration. 17.2.6 To reconstruct Improvements after casualty and to further improve the Project as provided in the Declaration. 17.2.7 To make and amend reasonable rules and regulations respecting the use of the Association's Common Elements and the Project. 17.2.8 To enforce by legal means the provisions of CCIOA, the Colorado Revised Non-profit Corporation Act, the Declaration, these Articles, the By-Laws of the Association, and any Rules and Regulations for the use of the Project. 17.2.9 To contract for the management of the Project and to delegate to such manager all powers and duties of the Association except as such are specifically required by the Declaration to have approval of the Board or the membership of the Association. 17.2.10 To contract for the management or operation of portions of the Common Property susceptible to separate management or operation. 17.2.11 To employ personnel to perform the services required for proper operation o f the Association and of the Project. 17.2.12 To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from a Member as is provided in the Declaration and the By-Laws. 17.2.13 To protect and defend in the name of the Association any part or all of the Project from loss and damages by suit or otherwise. 17.2.14 To borrow funds in order to pay for any expenditure or outlays required pursuant to authority granted by provisions of the Declaration and By-Laws, and to execute all such instruments (evidencing such indebtedness) deemed necessary. 17.2.15 To execute contracts to carry out the duties and powers of the Association. 17.2.16 To engage in activities which may now or hereafter be allowed or permitted by law for a nomprofit corporation to actively foster, promote and advance the common interest of the Members, who are owners of Units in the Project. 17.3 All funds and the titles of all properties acquired by the Association and the proceeds thereof shall be held in the name of the Association for the members of the Association in accordance with the provisions of the Declaration, these Articles and the By-Laws of the Association. heLEIVED AUG 1 0 2007 ASPEN BUILDING DEPARTMENT 17.4 The powers of the Association shall be subject to and shall be exercised in accordance with the provisions of the Declaration and the By-Laws of the Association. 18 MEMBERS 18.1 The Association will have voting members whose rights and privileges are as provided for in the Declaration. 18.2 Change of membership in the Association shall be effected and established by the recording in the public records of Pitkin County, Colorado, of a deed or other instrument establishing a change in record title to a Unit in the Project and the delivery to the Association of a certified or machine copy of such instrument. The membership of the prior Member shall thereby be terminated; provided, however, that the rights of membership may be assigned to the holder of a mortgage, deed of trust, or other security instrument on a Unit as further security for a loan secured by a lien or such Unit as provided for in the Declaration. 18.3 The share of a Member in the funds and assets of the Association cannot be assigned, hypothecated or tansferred in any manner except as an appurtenance to that Members's Unit. 18.4 A Member of the Association shall be entitled to the number of votes of each Unit owned by that Member equal to the Allocated Interest of that Unit. The exact number of votes to be cast by a Member and the manner of exercising voters' rights shall be determined by the Declaration and By-Laws of the Association. Failure to comply with Rules and Regulations or the By-Laws of the Association or with any other obligations of the Members under the Declaration shall suspend the right of a Member to vote during the period such violation, default or failure to comply shall continue. 18.5 The right of a Member to vote may be denied if that Member is delinquent in payment of Association Assessments for Common Expenses. 19 BOARD 19.1 The affairs of the Association will be managed by a Board of Directors (hereinafter the "Board"). The term Board shall have the same meaning as the term Board of Directors consisting of the number of Board members as shall be determined by the By-Laws of the Association. 19.2 The Declaration and By-Laws shall fix the number of members of the Board, their terms, qualifications and method of selection. The names and addresses of the person who are to serve as the first Board members until their successors are elected and qualified are: John R. Provine Ronald E. Soderling Leonard M. Oates P.O. Box 8769 1221 W. Pacific Coast Hwy, #504 533 E. Hopkins Ave. Aspen, CO 81612 Newport Beach, CA 92663 Aspen, CO 81611 AUG 1 0 2007 ASPEN 91.DING DEPARTMENT 19.3 Each Member of the Board shall have one (1) vote in Board matters. 20 OFFICERS The By-Laws shall fix the number, designation, terms and qualification of Officers. The names of the persons shown are to serve as Officers until their respective successors are duly elected and qualified are as follows: President: John R. Provine Vice-President: Ronald E. Soderling Secretary/Treasurer: Leonard M. Oates 21 INDEMNIFICATION No member of the Board shall be personally liable to the Association for monetary damages for any breach of fiduciary duty as a member of the Board, except that no Board member's liability to the Association for monetary damages shall be eliminated or limited on account of any of the following: [a] Any breach of the Board member's duty of loyalty to the Association or its members; [b] Any acts or omissions of the director not in good faith or that involve intentional misconduct or a knowing violation of the law; [c] the Board member's assent to or panic ipation in a loan by the Association to any Board member or o fficer of the Association; [d] Any transaction in which the Board member received improper personal benefit. Nothing herein will be construed to deprive any Board member of the right to all defense ordinarily available to a Board member nor will anything herein be construed to deprive any Board member of any right for contribution from any other Board member or other person. Any repeal or modification of this Article shall be prospective only and shall not adversely affect any right or protection of a Board member of the Association existing at the time of such repeal or modification. Provisions for the indemnification of Board members and officers of the Association are contained in the Association's By-Laws. 22 BY-LAWS The first By-Laws of the Association shall be adopted by the Board and may be altered, amended or revoked in the manner provided by the By-Laws. 23 AMENDMENTS Amendments to the Articles of Incorporation shall be proposed and adopted pursuant to and as required by the terms of the Colorado Revised Non-profit Corporation Act, as amended from time to time, the Declaration and the By-Laws, subject to the limitations contained therein. ner=NED AUG 1 0 2007 Purciv BUILDING DEPARTMENT 24 DISSOLUTION AND LIQUIDATION Provisions regarding the distribution of assets on liquidation, dissolution or winding up are: Payment of all corporation's liabilities, then to the members, pursuant to a plan to be adopted by members on dissolution as more fully provided in the Declaration. Any assets that should be transferred to a creditor, claimant or member who cannot be found or who is not legally competent to receive them shall be reduced to cash and deposited with the state treasurer as property presumed to be abandoned under the provisions of Article 13 of Title 38, C.R.S. 25 NON-PROFIT ASSOCIATION This Association is not organized for profit. No Member, member of the Board, officer, or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any member of the Board, officer, or Member; provided, however, always (a) that reasonable compensation may be paid to any Member, Board member or officer while acting as an agent or employee of the Association for services rendered in effecting one or more of the purposes of tk Association, and (b) that any Member, Board member or officer may, from time to time, be reimbursed for actual and reasonable expenses incurred in connection with the administration of the affairs of the Association with the approval of the Board. 7723WFD AUG 1 0 2007 ALEEN 9911-DING DEPARTMENT CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jason Lasser, 429-2763 DATE: 2/27/07 PROJECT: 306 S. Garmisch Condominium REPRESENTATIVE: Lenny Oates TYPE OF APPLICATION: Insubstantial Amendment to Subdivision Agreement (with APCHA consent) DESCRIPTION: The Applicant proposes changes to the Subdivision Agreement for 306 South Garmisch Condominiums Subdivision, Article II, Development Requirements and Restrictions, section 2.4 - Affordable Housing Mitigation. The amendment will transfer the ownership of (2) rental units from the Condominium Association to (2) individual owners. The applicant proposes to amend the following sentence which currently states: So long as the AH are rental units, they shall be owned by the Condominium Association formed for purposes if managing and maintaining the project ("the Association"). The applicant would like to replace the language above to: The AH units may be owned as deed restricted rentals by owners of the free market units, one each; subject however to all o f the obligations of the deed restriction and the APCHA interest (herein after defined) Without APCHA approval, the Insubstantial Amendment will be considered an Other Amendment, subject to City Council Review. Land Use Code Section(s) 26.480.080 (A) Amendment to subdivision development order 26.480.080 (B) Review by: Staff for complete application, referral agencies for technical considerations, Community Development Director. Public Hearing: No, unless APCHA does not approve the application Referral Agencies: APCHA, Planning Fees: Planning Flat Fee- $560 Referral Agency Fees: $204 Total Deposit: $764 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proofofownership. 3. Applicant's name, address and telephone number in a letter signed by the applicant, which also states the name, address and telephone number ofthe representative. Include street address and legal description of the property. 4. Summary letter explaining the request (existing conditions and proposed uses) and addressing the standards of the Land Use Code sections listed above. 5. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 6. Copies ofprior approvals (from City Clerk) 7. 2 Copies of the complete application packet (items 2-8) Process: Apply. Planner reviews case for completeness. The planner will then contact applicant with required changes from the Planning Staff and Community Development Director. Planner reviews application for consistency with comments and the Director approves, approves with conditions, or denies application based on consistency with the review criteria and technical considerations. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Page 1 of 2 Jason Lasser From: Cindy Christensen Sent: Monday, April 30,2007 2:16 PM To: Jason Lasser Subject: RE I am going to have to take this to my Board. They are really concerned about this as they feel that the owner would only keep someone in their part-time and/or the owner would have way too much control over the tenant. I can see if they want to talk about it at the meeting on Wednesday, but without doing a recommendation, I may not be able to get an answer back to you until after May 16 (their second meeting in May). From: Jason Lasser Sent: Monday, April 30,2007 2:04 PM To: Cindy Christensen Cc: 'amm@okglaw.com' Subject: Cindy, rve just been assigned a case that needs APCHA approval. It's an application for an insubstantial amendment for 306 S. Garmisch. Excerpt from the Pre-App The applicant proposes to amend the following sentence which currently states: So long as the AH are rental units, they shall be owned by the Condominium Association formed for purposes if managing and maintaining the project ("the Association"). The applicant would like to replace the language above to: The AH units may be owned as deed restricted rentals by owners of the free market units, one each; subject however to all of the obligations of the deed restriction and the APCHA interest (herein after defined) Without APCHA approval, the Insubstantial Amendment will be considered an Other Amendment, subject to City Council Review. Can you help with this case? It seems to be straightforward; with your letter Ill be able to process this quickly. I'm attaching my Pre-App from February, in addition to the key pages from the application which are in a separate .pdf. (note: not included is Ord. 35, series of 2005) Let me know if there's anything else you'll need- Thanks, Jason Jason Lasser City of Aspen I Planner Community Development Department 130 S. Galena St. I Aspen, CO 81611 970.429.2763 1 www.aspenpitkin.com 8/21/2007 LAW OFFICES OF OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. PROF ESSIONAL CORPORATION 11 Â¢IRD FLOOR ASPEN PLAZA BUIL DING 533 E HOPKINSAVENUE ASPEN. COLORADO, 81611 LEONARD M OAI ES TELEPHONE (970} 920-1700 RICHARDA KNEZEVICH FACSIMILE (970)920 1121 rED D GARDENSWARTZ DAVID B KELLY MARIA MORROW 01 Ci):UNS[ L amm@okglaw corn JOHN T KELLY STEPHEN R CONNOR ANNE MAHIE MCPHEE May 15,2007 Via e-mail and hand-deliverv Jason Lasser Cindy Christensen City of Aspen City of Aspen Community Development Department Housing Authority 130 South Galena Street 530 E. Main Street Aspen, CO 81611 Aspen, CO 81611 Re: Application for Insignificant Amendment to Subdivision Agreement Dear Cindy and Jason, Due to a change in plans, our clients have requested we withdraw the Application for Insignificant Amendment to Subdivision Agreement for the 306 S. Garmisch Condominiums. Would you please remove this matter from the agenda of May 16. 2007 Housing Authority Board meeting and notify your departments that the application is withdrawn? Thank you for your help with this matter. Please let me know if you have any questions or need anything further. Sincerely, OATES, KNEZEVICH, GARDENSWARTZ & KELLY, P.C. Byvl *1U* Anne Marie MePhee AMM/ ec: John Provine Page 1 of 1 Lennie Oates From: Natasha Saypol [nsaypol @garf ieldhecht.com] Sent: Tuesday, August 21, 2007 4:21 PM To: Imo@okglaw.com CC: Beth Brandon; Millard Zimet; David Kaplan Subject: RE: Garmisch Beth, please make sure that Lennie gets this email. Lennie, I have looked over the second version of the condo map. It is MUCH IMPROVED!!!! My only comments are as follows: (1) I would like to see a square footage index for Units A, B, C and D on the first sheet. I have added up all of the square footages and they do not match what is on Exhibit B of the Declaration. In particular, Unit D looks to be only 890 square feet, which is much smaller than the 1159 square feet on Exhibit B of the Declaration. Do you know why there has been such a significant change? (2) Sheet 4 of the map, which is the Second Level, shows an area on the east side of the map that is "LCE Unit A" but there is no description of what the limited common element is . I th in k it is a deck, so 1 would l i ke th is to be better marked. I did not forward the first draft of the condo map to my client because it needed so much work, but I have sent David the second draft for his review. So, we may still have some comments. I suspect it will take a while to get comments from the City anyway. Thanks, Natasha Tax Advice Disclosure: Any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon, for the purpose of avoiding penalties under the Internal Revenue Code or promoting, marketing or recommending any entity, investment plan or other transaction. 8/22/2007 ALTA OWNER'S POLICY - 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Poticy shown in Schedule A. STEWART TITLE GUARANTY COMPANY 4 Al /EL#7% ... , ~0Â·*C , ~r. :P>236 chairman of the fBoard / le _. :a i 68*2~.~ihi~ I President .A:. 1908 Ze# \*/' Countersigned: Authorized Countersignature Stewart Title of Colorado Inc. - Aspen Division (970) 925-3577 620 East Hopkins Avenue Aspen, CO 81611 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter brected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereo f or a notice o f a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date o f Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. Serial No. O-PRO-FORMA Page 1 of 4 ALTA OWNER'S POLICY 10-17-92 .. . 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by thjs policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the kansaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential trinsfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any properly beyond the lines of the area described or referred to in Schedule [A][C], nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage" mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. 1 The coverage of this policy shall continue in force as of Date o f Policy in favor of an insured only so long as the insured retains an estate or interest in ~ the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any tmnsfer or conveyance of the estate or interest. This policy shall not continue in force ' in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below. (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or - damage for which the Company may be liable by virtue ofthis policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which ~ prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the .failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The = Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shaII not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in.its opinion may be necessary or desirable to establish the title to the estate or interests as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms ofthis policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company ~ may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its ~ option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting i settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as ~ insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such ' cooperation. ig Serial No. O-PRO-FORMA Page 2 of 4 ALTA OWNER'S POLICY 10-I 7-92 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts , giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If r the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative ofthe Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memotanda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. AlI information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. (i) To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. (ii) Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A. or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is created on the land which increases the Â· value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) : where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy, or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement.The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a ioss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy, Serial No. O-PRO-FORMA Page 3 of4 ALTA OWNER'S POLICY 10-17-92 4 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right o f access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company, I0. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NON-CUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE'ITLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion, which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this.policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason o f the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees orQy if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof, The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and convact between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage. whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating o fficer or authorized signatory o f the Company. 16. SEVERABILITY. 1n the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P. O. Box 2029 Houston, TX 77252-2029, Serial No. O-PRO-FORMA Page 4 of4 ALTAOWNER'S POLICY 10-17-92 / ALTA OWNER'S POLICY SCHEDULE A Order Number: 43156A Policy No.: 0-PRO-FORMA Date of Policy: August 14,2007 Amount of Insurance: Premium: 1. Name of Insured: 306 S. Garmisch, LLC, a Colorado limited liability company 2. The estate or interest in the land which is covered by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: 306 S. Garmisch, LLC, a Colorado limited liability company 4. The land referred to in this policy is described as follows: 306 SOUTH GARMISCH TOWNHOMES CONDOMINIUMS, according to the Condominium Map thereof recorded 2007 in Plat Book _ at Page _ as Reception No. and as defined and described by the Condominium Declaration for 306 South Garmisch Condominiums recorded 2007 as Reception No. NOTE: Blanks will be filled in upon recording of Condominiumization Documentation. County of Pitkin, State o f Colorado THIS SPECIMEN (PRO FORMA) POLICY AND ITS ENDORSEMENTS, IS FURNISHED AT THE REQUEST OF THE PROPOSED INSURED AND IT IS UNDERSTOOD AND AGREED THAT IT DOES NOT REFLECT THE PRESENT STATE OF TITLE. THE FURNISHINGS OF THE COVERAGE SET FORTH HEREIN IS CONTINGENT UPON ALL OF THE COMPANY'S REQUIREMENTS BEING SATISFIED AT OR PRIOR TO CLOSING. STEWART TITLE GUARANTY COMPANY ALTA OWNER'S POLICY SCHEDULE B Order Number: 43156A Policy No: O-PRO-FORMA This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims ofparties in possession, not shown by the public records. 2. Easemems, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes and Assessments for the year *, not yet due and payable, and subsequent years and any special assessments not yet certified on the tax rolls of Pitkin County. 7. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 8. Terms, conditions, obligations and restrictions as set forth in Statement Of Exemption From The Definition Of Subdivision recorded September 18, 1878 in Book 354 at Page 980 as Reception No. 207449. 9. Terms, conditions, obligations and provisions of An Ordinance of the City of Aspen City Council Approving with Conditions, the Hyman Apartments Condominiums Subdivisions and Condominiumization to Construct a Multi-Family Building Consisting of Two Free Market Residential Units and Two Deed Restricted Affordable Housing Units on the Property 1cnown as 306 S. Garmisch Street, City of Aspen, Pitkin County, Colorado, Ordinance No. 35 (Series of 2005) as set forth in instrument recorded September 20,2005 as Reception No. 515008. 10. Terms, conditions, obligations and provisions of Subdivisions Agreement for 306 South Garmisch Condominiums Subdivision as set forth in instrument recorded October 11, 2005 as Reception No. 516082. 11. Easements, rights of way and other matters as shown and contained on 306 South Garmisch Condominiums Subdivision recorded October 11, 2005 in Plat Book 76 at Page 2 as Reception No. 516081. STEWART TITLE GUARANTY COMPANY , ' ALTA OWNER'S POLICY SCHEDULE B Order Number: 43156A Policy No: O-PRO-FORMA 12. Terms, conditions, obligations, provisions, easements and assessment of Condominium Declaration for 306 South Garmisch Condominiums as set forth in instrument recorded , 2007 as Reception No. 13. Easements, rights of way and other matters as shown and contained in Condominium Map for 306 South Garmisch Condominiums recorded , 2007 in Plat Book _ at Page _ as Reception No. STEWART TITLE GUARANTY COMPANY ATTACHMENT 2 -LAND USE APPLICATION APPLICANT: Name: 306 S. Garmisch, LLC Location: 306 S. Garmisch, Aspen, CO 81611 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID#(REQUIRED) 273512471038 & 273512471039 REPRESENTATIVE: Name: Leonard M. Oates Address: 533 E. Hopkins Ave., 3rd Floor, Aspen, CO 81611 970-920-1700 Phone #: PROJECT: Name: 306 S. Garmisch Townhomes Condominiums Address: 306 S. Garmisch, Aspen, CO 81611 970-920-1700 Phone #: TYPE OF APPLICATION: (please check all that apply): U Conditional Use C Conceptual PUD U Conceptual Historic Devt. Â£ Special Review U Final PUD (& PUD Amendment) U Final Historic Development E] Design Review Appeal U Conceptual SPA U Minor Historic Devt. U GMQS Allotment U Final SPA (& SPA Amendment) U Historic Demolition U GMQS Exemption U Subdivision U Historic Designation U ESA-8040 Greenline, Stream ~ Subdivision Exemption (includes U Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane U Lot Split El Temporary Use U Other: U Lot Line Adjustment D Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) New constructed residential condominium - two (2) free market units and two (2) deed restricted affordable housing units PROPOSAL: (description ofproposed buildings, uses, modifications, etc.) Condominiumization of newly constructed residential building Have you attached the following? FEES DUE: $ 909.00 ~ Pre-Application Conference Summary U Attachment #1, Signed Fee Agreement Â£ Response to Attachment #3, Dimensional Requirements Form U Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Vees CITY OF ASPEN (hereinafter CITY) and 306 S. Garmisch, LLC (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Condominiumization of five newly constructed residential units at 306 S. Garmisch, (hereinafter, THE PROJECT). Aspen, Colorado 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination ofapplication completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis, APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission ancFor 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 o f $ 909.00 which is for three (3) 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 at! costs associated with case processing have been paid. CITY OF ASPEN APPLICANT 306 S. Garmisch, LLC By: By: Chris Bendon Leonard M. uates'' 1,4 ~*corney ana agent Community Development Director Date: Bill To Mailing Address and Telephone Number: c/o Oates, Knezevich, Gardenswartz & Kelly, P.C. 633 E. Hopkins Ave., 3rd Floor Aspen, CO 81611 970-920-1700 9*F '- 3F" I . jad Elle Edit Becord Navigate Farm Reports Format Iab Melp f lump 1 - V Â¥ V. . Main Custom Fields Valuation Parcels Actions Feel Fee Summarf Sub Permits Conditions Routing History A Permit Type ~ ~ Permit # 0045.2007.ASLU Address 3065 GARMISH - Apt/Suite I City ASPEN - State CO _] Zip 81611--- _g Permit Information Master Permit .............U-~.....41----1~-.--,+*,~ 3 Routing Queue aslu07 Applied 08/15/2007 ~ Proiect -_] Status .pending Appioved Description SUBDIVISION EXEMPTION Issued __~ ' Final I Submitted LENNY OATES-920-1700 Clock Running Days ' 0 Expires 08/09/2008 ~ Owner Last Name 306 5 GARMISCH LLC -2 First Name i 617 W MAI N ASPEN CO 81611 Phone [970] 925-5990 4 Owner Is Applicant? Applicant Last Name 306 5 GARMISCH LLC | First Name | 617W MAIN - ~- ASPEN CO 81611 Phone (9701 925-5990 Cust # 27645 Lender Last Name _ ~ Fist Name 6 - Phone V Enter the permit type code AspenGoldI[b) ~1~ Record: 1 of 1 Semi 310'no xoqiool sdnoig gel CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 8/13/07 PROJECT: 306 S. Garmisch APPLICANT: John R. Provine and Ronald E. Soldering, Trustee - Soldering Living Trust, REPRESENTATIVE: Lennie Oates TYPE OF APPLICATION: Condominiumization DESCRIFFION: The prospective Applicants would like to condominiumize the fourplex under construction. The property contains two free-market residential units and two affordable housing units. Condominiumization review (which is a form of subdivision) is required in order to create a condominium form of ownership Land Use Code Section(s) 26.304 Common Development Review Procedures (as applicable) 26.480.090 Condominiumization Review by: - Staff for complete application - Community Development Director for condominiumization Public Hearing: No hearing required Planning Fees: $705.00 Deposit for 3 hours of staff time (additional staff time required is billed at $235 per hour) Referral Fees: Housing Referral ($204.00) Total Deposit: $909.00 Total Number of Application Copies: Condominiumization: 2 Copies To apply, submit the following information: 1. Total Deposit for review of application. 2. Applicant' s name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. S igned fee agreernent. 6. Pre-application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All other materials required pursuant to the specific submittal requirements. 12. Applications shall be provided in paper format (number of copies noted above) as well as the text only on either of the following digital formats. Compact Disk (CD)-preferred, Zip Disk or Floppy Disk. Microsoft Word format is preferred. Text format easily convertible to Word is acceptable. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. A. '9 <*40 v 1 Â¢ u - 0 5 ~>01732005.4422'ic- BY-LAWS OF 306 S. GARMISCH TOWNHOMES CONDOMINIUM ASSOCIATION ARTICLE I OBJECT 1. The purpose for which this non-profit Association is fonnedas a non-profit Colorado corporation is to govern the property ("Project") which has been submitted to the provisions of the Condominium Declaration for 306 S. Garmisch Townhomes Condominiums (the "Declaratiorf)by the recording of the Declaration and any Amendments thereto and the Map thereof bearing the name associated with this Association in the records of Pitkin County, Colorado. All definitions contained in the Declaration and Articles of Incorporation of the Association shall apply herein and the provisions hereof shall be subject to the Declaration. 2. All present or future Owners, tenants, future tenants, or any other person that might use or have an interest in any manner in the facilities of the Project presently or hereafter located on the Properties therein described are subject to the regulations set forth in these By-Laws. The mere acquisition or rental of either of the Units therein defined (hereinafter referred to as "Unit" or"Units" as the case requires) or the mere act of occupancy of any of said Units will signify that these By-Laws are accepted, ratified, and will be complied with. ARTICLE II MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES 1. Membership. Membership is as provided for in the Declaration. Unit Owners may be referred to as Unit Owners or Members herein, and those terms shall have the same meaning. Membership shall terminate without any formal Association action whenever a Unit Owner ceases to own a Unit. Provided, however, such termination shall not relieve or release any such former Unit Owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in the Association. Termination shall not impair any rights or remedies which the Unit Owners have, either through the Executive Board or the Association or directly, against such former Owner ard Unit Owners arising out of or in any way connected with ownership and membership and the covenants and obligations incident thereto. 2. Voting. Voting shall be as allocated in the Declaration. 3. Maiority of Unit Owners. As used in these By-Laws, the tenn "majority ofUnit Owners" shall mean more than fifty (50%) percent of the votes allocated to the Units in number submitted hereto at the time of such vote. Eli rer,9-= e FF't~ 9 8 4/ * .N W 8, 19 AUG 1 0 2007 reo r n. i Â·i BUILDING DEPARTMENT 4. Quorum. Except as otherwise provided ill these By-Laws, the Articles of Incorporation or the Declaration, the presence in person or by proxy ofUnit Owners holding sixty- seven percent (67%) a majority interest of the votes entitled to be cast shall constitute a quorum except where in the Declaration a different percentage is required. Except where a different percentage shall be required by the Declaration or by law, an affirmative vote ofa sixty-seven percent (67%) in interest of the Unit Owners present, either in person or by proxy, shall be required to transact the business of any meeting, and the acts or decisions thereby undertaken shall be binding on all Unit Owners. 5. Limitations on Use of Membership List. Unless the Executive Board gives its consent, the Association's membership list or any part thereof may not be: (a) obtained or used by any person for any purpose unrelated to a Unit Owners's interest as a Unit Owner; (b) used to solicit money or property unless such money or property will be used solely to solicit the votes of the Unit Owners in an election by the Association; (c) used for any commercial purpose; or (d) sold to or purchased by any person. 6. Liability to Third Parties. The Unit Owners, Executive Board members, officers, and employees of the Association are not, as such, liable for the acts, debts, liabilities or obligations of the Association. No proceeding may be brought by a creditor to reach the liability, if any, of a Unit Owner unless final judgment has been rendered in favor ofthe creditor against the Association and execution has been returned unsatisfied in whole or in part or unless such proceeding would be useless. 7. Voting Lists. After a record date is fixed for a Unit Owners' meeting, the secretary shall make, at the earlier often (10) days before such meeting or two (2) business days after notice of the meeting has been given, a complete list ofthe Unit Owners entitled to be given notice of such meeting or any adjournment thereof. The list shall be arranged in alphabetical order and shall show the name and address of each Unit Owner. For the period beginning the earlier of ten (10) days prior to the meeting or two (2) business days after notice of the meeting is given and continuing through the meeting and any adjournment thereof, this list shall be kept on file at the principal office of the Association, or at a place (which shall be identified in the notice) in the city where the meeting will be held. Such list shall be available for inspection on written demand by any Unit Owner or the Unit Owners's agent or attorney during regular business hours and during the period available for inspection. U2 If the list is prepared in connection with a written ballot, the list shall be available for inspection beginning on the date the first written ballot is delivered and continuing through the time when such written ballots must be received by the Association in order to be counted. Any Unit Owner, the Unit Owner's agent or attorney may copy the list during regular business hours, at the Unit Owner's own expense, and during the period it is available for inspection, provided: (a) the demand is made in good faith and for a purpose reasonably related to the demanding Unit Owner's interest; (b) the Unit Owner describes with reasonable particularity the purpose and the records the Unit Owner desires to inspect; (c) the records are directly connected with the described purpose, and (d) the Unit Owner pays a reasonable charge covering the costs of labor and material for such copies, not to exceed the estimated cost of production and reproduction. 8. Voting, entitlement. Each Unit Owner shall be entitled to the number ofvotes on each matter submitted equal to that Unit Owner's Allocated Interest. If a membership stands ofrecord in the names oftwo or more persons, their acts with respect to voting shall have the following effect unless the Declaration provides otherwise: (a) if only one votes, such act binds all; and (b) if more than one votes, the vote shall be divided on a pro ram basis. 9. Proxies. At all meetings of Unit Owners, a Unit Owner may vote by proxy by signing an appointment foim or similar writing, either personally or by the Unit Owner's duly authorized attorney-in- fact. A Unit Owner may also appoint a proxy by transmitting or authorizing the transmission of a telegram, teletype, facsimile or other electronic transmission providing a written statement ofthe appointment to the proxy, a proxy solicitor, proxy support service organization or other person duly authorized by the proxy to receive appointments as agent for the proxy or to the Association. The transmitted appointment shall set forth or be transmitted with written evidence from which it can be determined that the Unit Owners transmitted or authorized the transmission of the appointment. The proxy appointment form or similar writing shall be filed with the Secretary of the Association before or at the time ofthe meeting. The appointment of a proxy is effective when received by the Association and is valid for eleven (11) months unless a different period is expressly provided in the appointment form or similar writing. [13 r'7' <% 1~ '1'1 ' r"% AUG 1 0 2007 Aw:EN BUILDING DEPARTMENT Any complete copy, including an electronically transmitted facsimile, of an appointment of a proxy may be substituted for or used in lieu of the original appointment for any purpose for which the original appointment could be used. An appointment of a proxy is revocable by a Unit Owner and may be revoked by attending any meeting and voting in person or signing and delivering to the secretary or other agent authorized to tally proxy votes either a writing stating that the proxy is revoked or a subsequent appointment form. The death or incapacity of the Unit Owner appointing a proxy does not affect the right of the Association to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises its authority under the appointment. The Association shall not be required to recognize an appointment made irrevocable if it has received a writing revoking the appointment signed by the Unit Owner either personally or by the Unit Owner's attorney-in- fact, notwithstanding that the revocation may be a breach ofan obligation of the Unit Owner to another person not to revoke the appointment. Subject to provisions in these Bylaws concerning the Association's acceptance of votes and any express limitation on the proxy's authority appearing on the appointment form, the Association is entitled to accept the proxy's vote or other action as that of the Unit Owner making the appointment. 10. Association's Acceptance of Votes. If the name signed on a vote, consent, waiver, proxy appointment or proxy appointment revocation corresponds to the name of a Unit Owner, the Association, if acting in good faith, is entitled to accept the vote, consent, waiver, proxy appointment or proxy appointment revocation and give it effect as the act of the Unit Owner. Ifthe name signed on a vote, consent, waiver, proxy appointment ofproxy appointment revocation does not correspond to the name of the Unit Owner, the Association, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, proxy appointment or proxy appointment revocation and to give it effect as the act of the Unit Owner if: (a) the Unit Owner is an entity and the name signed purports to be that of an officer or agent of the entity; (b) the name signed purports to be that of an administrator, executor, guardian or conservator representing the Unit Owner and, ifthe Association requests, evidence of fiduciary status acceptable to the Association has been presented with respect to the vote, consent, waiver, proxy appointment or proxy appointment revocation; AUG 1 0 2007 A .L j...4 / Aw{ LA 99|LOING DEPARTMENT (c) the name signed purports to be that of a receiver or trustee in bankruptcy of the Unit Owner and, if the Association requests, evidence of this status acceptable to the Association has been presented with respect to the vote, consent, waiver, proxy appointment or proxy appointment revocation; (d) the name signed purports to be that of a pledgee, beneficial owner or attorney-in- fact ofthe Unit Owner, and if the Association requests, evidence acceptable to the Association of the signatory's authority to sign for the Unit Owner has been presented with respect to the vote, consent, waiver, proxy appointment or proxy appointment revocation; (e) if two (2) or more persons are the Unit Owners, cotenants or fiduciaries and the name signed purports to be the name of at least one (1) of the cotenants or fiduciaries and the person signing appears to be acting on behalf of all the cotenants or fiduciaries; or, (f) the acceptance of the vote, consent, waiver, proxy appointment or proxy appointment revocation is otherwise proper under rules established by the Association that are not inconsistent with this Section. The Association is entitled to reject a vote, consent, waiver, proxy appointment or proxy appointment revocation ifthe Secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the Unit Owner. Neither the Association nor its officers nor any agent who accepts or rejects a vote, consent, waiver, proxy appointment or proxy appointment revocation in good faith and in accordance with the standards of this Section is liable in damages for the consequences of the acceptance or rejection. 11. Manner of Acting by Association Members. Any action required by these Bylaws to be taken by the Unit Owners, or any action which may be taken by the Unit Owners, ifany such Unit Owner is a corporation or other statutory recognized entity, shall be taken by resolution of the Executive Board or other governing body of the Unit Owner, or by any committee designated from time to time by resolution ofthe board of directors (or other governing entity) ofthe Unit Owner, pursuant to the procedures then in effect under the bylaws or other governing document of the Unit Owner. 12. Action by Written Ballot. Any action that may be taken at any annual, regular or special meeting of Unit Owners may be taken without a meeting if the Association delivers a written ballot to every Unit Owner entitled to vote on the matter. The written ballot shall: (a) set forth each proposed action; and 01 1.4 05 AUG 1 0 2007 AurrN SUILD:NG DEPARTMENT (b) provide an opportunity to vote for or against the proposed action. Approval by written ballot shall only be valid when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot. All solicitations for votes by written ballot shall: i indicate the number of responses necessary to meet the quorum requirements; ii state the percentage ofapprovals necessary to approve each matter other than election of directors; iii specify the time by which the ballot must be received by the Association in order to be counted; and iv be accompanied by written information sufficient to permit each person voting to reach an informed decision. Written ballots may not be revoked. 13. Voting Agreements. Both Unit Owners may provide for the manner in which they will vote by signing an agreement for that purpose. Such an agreement is specifically enforceable. ARTICLE III MEMBERSHIP MEETINGS 1. Association Responsibilities. The Owners of the Units will constitute the Association of Unit Owners who will have the responsibility of administering the Project through the Executive Board hereof. 2. Annual Meeting. Unless the requirement therefore is waived in writing by the Unit Owners, the annual meeting of the Unit Owners shall be held on the second Monday of July, at a time, date and place established by resolution of the Executive Board each year for the purpose of electing members of the Executive Board (Board of Directors) ofthe Association and for the transaction of such other business as may come before the meeting. If no place is stated, the meeting shall be held at the Association's principal office. A Unit Owner or Owners may apply to the district court in the county in Colorado where the Association's principal office is located or, ifthe Association has no principal o ffice in Colorado, to the district court of the county in which the Association's registered office is located to seek an order that a membership meeting be held: P.A ...14.) Er, Fll, P râ€ž -h 06 AUG 1 0 2007 A : f CA| ho' :.., 1 BUILDING DEPARTMENT (a) if an annual meeting was not held within six (6) months after the close of the Association's most recently ended fiscal year or fifteen months after its last annual meeting, whichever is earlier, or (b) if the Unit Owners participated in a proper call of or proper demand for a special meeting and notice of the special meeting was not given within thilly (30) days after the date of the call or the date the last of the demands necessary to require calling of lile meeting was received by the Association pursuant to the Colorado Revised Non-Profit Corporation Act, or the special meeting was not held in accordance with the notice. 3. Regular Meetings. Regular membership meetings shall be held at a time and place stated in or fixed in accordance with a resolution of the Executive Board. If no place is stated, the meeting shall be held at the Association's principal office. 4. Special Meetings. Special meetings ofthe Unit Owners may be called at any time by the Executive Board or by those persons, if any, authorized by these Bylaws, or by written demand ofthe Unit Owners stating the purpose or purposes for calling the meeting signed and dated by Unit Owners holding at least ten percent (10%) of all votes entitled to be cast on any issue proposed to be considered at the meeting. The record date for determining the Unit Owners entitled to demand a special meeting is the date of the earliest of any of the demands pursuant to which the meeting is called or the date that is sixty (60) days before the date the first of such demands is received by the Association whichever is later. If notice is not given within thirty (30) days after the date the written demand or demands are delivered to a corporate officer, a person signing the demand may set the time and place ofthe meeting and give notice as provided in these Bylaws. Special meetings shall be held at such time and place as may be designated by the authority calling such meeting. If no place is stated, special meetings shall be held at the Association's principal office. The purpose of any special meeting of the Unit Owners shall be stated in such notice. Only business within the purpose or purposes described in the notice may be conducted at a special meeting of Unit Owners. 5. Place of Meeting. The Executive Board may designate any place, either within or outside Colorado, as the place for any annual meeting or any special meeting called by the Executive Board. A waiver of notice signed by all the Unit Owners entitled to vote at a meeting may designate any place, either within or outside Colorado, as the place for such meeting. If no designation is made, or if a special meeting is called other than by the Executive Board, the place of meeting shall be the principal office of the Association. 6. Notice of Meetings. Notice shall be given to each Unit Owner entitled to vote at a meeting in a fair and reasonable manner. Notice may be given as set forth below or by other means when all the circumstances are considered. Written notice by first class or registered mail of any annual, regular ir>, 7 A-Im BIT- 1 07 AUG 1 0 2007 RUILE,!NG imPARTMENT or special meeting stating the place, date and hour of the meeting shall be given not less than ten (10) nor more than sixty (60) days before the date of the meeting. lf notice is mailed by other than first class or registered mail, no less than thirty (30) days notice must be provided. Notice of a special meeting shall include a description ofthe purpose or purposes ofthe meeting. Notice ofan annual meeting need not include a description o f the purpose or purposes except the purpose or purposes shall be stated with respect to: (a) an amendment to the articles o f incorporation of the Association; (b) merger; (c) a sale, lease, exchange, or other than in the usual and regular course ofbusiness, of all or substantially all of the property of the Association ; (d) dissolution of the Association; (e) restatement of the articles of incorporation; or (f) any other purpose for which a statement of purpose is required by the Colorado Revised Non-Profit Corporation Act. When giving notice ofan annual, regular or special meeting of Unit Owners, the Association shall give notice ofa matter a Unit Owners intends to raise at the meeting if a person entitled to call a special meeting submits a request, in writing, and it is received by the Secretary or President at least ten (10) days before the Association gives notice of the meeting. 7. Methods o fNotice. Notice shall be given personally or by mail, private carrier, telegraph, teletype, electronically transmitted facsimile or other form of wire or wireless communication by or at the direction of the President, the Secretary, or the officer or persons calling the meeting, to each Unit Owner. If mailed and if in a comprehensible form, such notice shall be deemed to be given and effective at the earliest of: (g) the date received; (h) five (5) days after deposit in the United States mail, properly addressed to the Unit Owners at the Unit Owners' addresses as they appear in the Association's current record of Unit Owners, with first class postage prepaid; (i) the date shown on the return receipt, ifmailed by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or 0) thirty (30) days after its deposit in the United States mail, as evidenced by the postmark, if P ' 4 /2, 4 ,...47 4 2 [18 b L ' ,6 00 erÂ·:4 1.- AUG 1 0 2007 A*,EN 79!LINNG DEPARTMENT mailed correctly addressed and with other than first class, registered or certified postage affixed. Oral notice is effective when communicated ifcommunicated in a comprehensible manner. 8. Adioumment ofMeeting. When a meeting is adjourned to another date, time or place, notice need not be given of the new date, time or place if the new date, time or place of such meeting is announced before adjoumment ofthe meeting at which the adjournment is taken. At the adjourned meeting the Association may transact any business which may have been transacted at the original meeting. If a new record date is fixed for the adjourned meeting, a new notice of the adjourned meeting shall be given to each Unit Owner of record entitled to vote at the meeting as of the new record date. 9. Waiver of Notice. A Unit Owner may waive notice ofa meeting before or after the time and date of the meeting by a writing signed by such Unit Owner. Such waiver shall be delivered to the Association for filing with the corporate records, but this delivery and filing shall not be conditions to the effectiveness of the waiver. Further, by attending a meeting either in person or by proxy, a Unit Owner waives objection to lack ofnotice or defective notice ofthe meeting unless the Unit Owners objects at the beginning o fthe meeting to the holding of the meeting or the transaction of business at the meeting because of lack of notice or defective notice. By attending the meeting, a Unit Owner also waives any objection to consideration at the meeting of a particular matter not within the purpose or purposes described in the meeting notice unless the Unit Owners object to considering the matter when it is presented. 10. Meetings by Telecommunication Any or all of the Unit Owners may participate in an annual or special membership meeting by, or the meeting may be conducted through the use of any means of communication by which all Unit Owners participating in the meeting can hear each other during the meeting. A Unit Owner participating in a meeting in this manner is deemed to be present in person at the meeting. 11. Action by Unit Owners Without Meeting. Any action required or permitted to be taken at a meeting of the Unit Owners may be taken without a meeting if a written consent (or counterparts thereof) that sets forth the action so taken is signed by all of the Unit Owners entitled to vote with respect to the subject matter thereof required for the same to be effective ifestablished by vote of the Unit Owners at a meeting and received by the Association. Such consent shall have the same force and effect as a unanimous vote of the Unit Owners and may be stated as such in any document. Action taken under this Section is effective as of the date the last writing necessary to effect the action is received by the Association, unless all of the writings specify a different effective date, in which case such specified date shall be the effective date for such action. Any Unit Owner who has signed a writing describing and consenting to action taken pursuant to this Section may revoke such consent by a writing signed by the Unit Owner describing the action and 09 AUG 1 0 2007 AÂ·- .1 BUILDING LiARTMENT stating the Unit Owners's prior consent is revoked, if such writing is received by the Association before the effectiveness ofthe action. All signed written instruments necessary under this provision shall be filed with the minutes ofthe membership meetings. 12. Order of Business. The order ofbusiness at the annual meetings ofthe Owners ofUnits shall be as follows: 00 Roll call and certifying proxies. (1) Proof of notice of meeting or waiver of notice. (m) Reading and/or disposal of unapproved minutes. (n) Reports of offi cers. (0) Reports of committees. (p) Election of Board Members. (q) Unfinished business. (r) New business. (s) Adjournment. ARTICLE IV FISCAL MANAGEMENT The provision for fiscal management ofthe Association for and on behalf of all ofthe Unit Owners as set forth in the Declaration shall be supplemented by the following provisions: 1. Accounts. The funds and expenditures ofthe Unit Owners by and through the Association shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be Common Expenses: (a) Current expenses shall include all funds and expenditures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves or to additional improvements. (b) Reserve for deferred maintenance shall include funds for maintenance items which occur p v -'7 -'~ 0-, I'lm . ra .9 010 AlÂ·.1, AUG 1 0 2007 U w./ M 91,1.INNG G:PARTMENT less frequently than annually. (c) Reserve for replacement shall include funds for repair or replacement required because of damage, wear or obsolescence. ARTICLE V Executive Board Subject to contrary provisions contained in the Declaration: 1. Number, Qualifications, Election, Tenure. The number ofMembers ofthe Executive Boardshallbe as provided in the Declaration. Members ofthe Executive Board ofthe Association shall be natural persons at least eighteen (18) years of age or older. The Executive Board members, who need not be residents of the State of Colorado, shall manage the affairs of the Association. The number of members of the Executive Board shall be as provided in the Declaration. All members ofthe Executive Board, subject to the Declarant's rights set forth in the Declaration, shall be elected by the voting Unit Owners at each annual meeting of the Unit Owners. Directors thus elected shall be elected for a one year term and shall hold office until the next annual meeting ofthe Unit Owners occurring at the expiration oftheir terms and until their successors have been elected and qualified. Members ofthe Executive Board may be elected for successive terms. A member ofthe Executive Board continues to serve until his or her successor is elected, appointed or designated and qualifies. A decrease in the number o f Executive Board members or in the term ofoffice does not shorten an incumbent Executive Board member's term. The tenn of a Executive Board member filling a vacancy expires at the end of the unexpired tenn that such Executive Board member is filling. 2. Powers, Duties and Functions. The Executive Board shall have those powers and duties specified by the Colorado Revised Non-Profit Corporation Act, unless limited by the Declaration or Articles of Incorporation, and if not specifically included therein the ibllowing (a) To insure and keep insured all of the insurable Common Elements and Building on the Properties. To insure and keep insured all ofthe common fixtures, common equipment and common personal property for the benefit of the Owners of the Units and their First Mortgagees. Further, to obtain and maintain the other insurance coverages required or permitted by the Declaration. (b) To prepare, according to generally accepted accounting principles, a budget for the Association at least annually, in order to determine the amount of the assessments payable by the Unit Owners to meet the Common Expenses of 306 S. Garmisch Townhomes 011 AUG 1 0 2007 BU'LD:NG LL;ARTMENT Condominiums. To allocate and assess such Common Expenses among the Unit Owners according to the Declaration. To cause the Association to provide for those matters required or permitted by the Declaration. (c) To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an Owner as is provided in the Declaration and these By-Laws. To enforce a late charge and to collect interest at the rate of eighteen (18%) percent per annum in connection with Assessments remaining unpaid more than thirty (30) days from due date for the payment thereof, plus a late charge of $25.00 and reasonable attorney's fees incurred. (d) To protect and defend in the name of the Association any part or all of the Common Property from loss and damage by suit or otherwise. (e) To borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions ofthe recorded Declaration and these By-Laws and to execute all such instruments evidencing such indebtedness as the Board may deem necessary, and, subject to the provisions of CCIOA, give security therefor. Such indebtedness shall be the several obligation of all of the Owners in the same proportion as their interest in the Association. The persons who shall be authorized to execute promissory notes and securing instruments shall be the President and Secretary or Assistant Secretary with the proper resolution of the Board. 0 To enter into contracts to carry out their duties and powers. (g) To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed available. (11) To make repairs, additions, alterations and improvements to the Common Property consistent with managing the Common Property in a first class manner and consistent with the best interest of the Unit Owners. Such duties may be delegated to a professional Management Contractor employed by the Association which shall be a competent, experienced property manager regularly engaged in such business in Pitkin County, Colorado. (i) To keep and maintain full and accurate books and records showing all of the receipts, expenses or disbursements and to permit examination thereof at convenient weekday business hours by each of the Owners, or their Mortgagees, if applicable (j) To prepare and deliver annually to each Owner a statement showing receipts, expenses or disbursements since the last such statement. C M E12 AUG 1 0 2007 QI i:i r,?0,~ -FD L:Â·... 91- 1.16.0 r ATMENT (k) To meet at least annually whereat the professional Management Contractor, if any, or its employee shall be in attendance. (1) In general, to carry on the administration o f this Association and to do all of those things necessary and reasonable in order to carry out the governing and the operation of 306 S. Garmisch Townhomes Condominiums. On) To control and manage the use of all sidewalks, open spaces, streets and other Common Property. (n) To employ for the Association a professional Management Contractor who shall have and exercise all of those powers granted to it by the Board, but not those powers which the Board, by law, may not delegate. 3. Annual Meeting. The annual meeting o f the Executive Board shall be held immediately following and in the same place as the annual meeting of the Unit Owners in each calendar year, or on such other date and at such time and at such place as the President may determine. The annual meeting of the Executive Board shall be for the purpose of electing officers and for the transaction of such other business as may come before the meeting. 4. Regular Meetings. Regular meetings ofthe Executive Board shall be held quarterly. The Executive Board may provide by resolution the time and place, either within or outside Colorado, for the holding o f additional regular meetings without other notice. 5. Special Meetings. Special meetings ofthe Executive Board may be called by or at the request of the President or any Executive Board member. Special meetings shall be held at such time and place, either within or outside Colorado, as may be designated by the authority calling such meeting; provided that no meeting shall be called outside the State of Colorado unless a majority of the Board has so authorized. Notice stating the place, day, and hour of every special meeting shall be given to each member of the Executive Board by mailing such notice at least two days before the date fixed for the meeting. The notice of such special meeting need not specify the purpose of the meeting. 6. Quorum, Voting. A quorum at all meetings ofthe Executive Board shall consist ofa majority ofthe Executive Board members holding office. In no event may the quorum be less than a majority of the directors. Less than a quorum may adjourn from time to time without further notice until a quorum is secured. Except as provided otherwise by these Bylaws, the act of a majority of the Executive Board members present at a meeting at which a quorum is present shall be the act ofthe Executive Board. 7. Proxies: For purposes of determining a quorum and for purposes of casting a vote, an Executive E13 ~ ~' f r-" Em. J '.4 7 1 1 7 :=ji AUG 1 0 2007 , m -&3 .an...~RTMENT Board member may be deemed to be present and to vote if the Executive Board member grants a signed, written proxy to another Executive Board member. The proxy must direct a vote to be cast with respect to a particular proposal that is described with reasonable specificity in the proxy. No other proxies are allowed. 8. Assent Construed. An Executive Board member who is present at a meeting of the Executive Board is deemed to have assented to all action taken unless: (a) the Executive Board member objects at the beginning of the meeting, or promptly upon arrival, to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to any action taken; (b) the Executive Board member contemporaneously requests that the Executive Board member's dissent or abstention as to any specific action taken be entered in the minutes; or (c) the Executive Board member causes written notice of the Executive Board member's dissent or abstention as to any specific action to be received by the presiding officer of the meeting before adjournment or by the Association promptly after adjournment. The right of dissent or abstention is not available to an Executive Board member who votes in favor of the action taken. 9. Vacancies. Any vacancy in the Executive Board shall be filled by the Unit Owners of the Association. An Executive Board member elected to fill a vacancy shall be elected for the unexpired term of such person's predecessor in office and until such person's successor is duly elected and shall have qualified. Any position on the Executive Board to be filled by reason of an increase in the number of Executive Board members shall be filled by the Unit Owners of the Association as soon as practicable after the time such increase is authorized. 10. Committees. The Executive Board ofthe Association may designate from among the Unit Owners, by a resolution adopted by a majority of the entire Executive Board, an executive committee and one or more other committees, each of which shall have and may exercise such authority in the management of the Association as shall be provided in such resolution or in these Bylaws. No such committee shall have the power or authority to authorize distributions; approve or propose actions to Unit Owners that require Unit Owner approval; elect, appoint or remove any Executive Board member; amend, restate, alter, or repeal the Articles of Incorporation; amend, alter, or repeal these or any other Bylaws of the Association; approve a plan of merger; approve a sale, lease, exchange, or other disposition of all or substantially all of the property of the Association, with or without goodwill; or, take any other action prohibited by law. 11. Resignation An Executive Board member may resign at anytime by giving written notice of l . 7 .i 014 AUG 1 0 2007 A, 1,4 BUILDING 22.WmENT resignation to the Association. The resignation is effective when the notice is received by the Association unless the notice specifies a later effective date. An Executive Board member who resigns may deliver a statement to that effect to the Colorado Secretary of State. 12. Removal. The entire Board elected by the Unit Owners, or any member(s) thereof, may be removed by the Unit Owners with or without cause at a meeting called for and stating that purpose. An Executive Board member may only be removed ifthe number of votes cast to remove would be sufficient to elect the Executive Board member other than a designated Executive Board member who may only be removed by a Bylaw amendment. An Executive Board member elected by the Executive Board to fill a vacancy by the Unit Owners may be removed with cause by the voting Unit Owners, but not by the Executive Board. An appointed Executive Board member, ifany, may be removed without cause by the person or entity appointing the Executive Board member. Such removal shall require written notice of the removal to the Executive B) ard member and the Association. Removal is effective when the notice is received by both the Executive Board member and the Association, unless the notice specifies a future effective date. 13. Vacancy on the Board. If a vacancy occurs on the Executive Board, including a vacancy resulting from an increase in the number of Executive Board members, the Unit Owners shall fill the vacancy 14. Action Without a Meeting. Any action required by law to be taken at a meeting of the Executive Board, or any committee thereof, or any other action which may be taken at a meeting ofExecutive Board members, or any committee thereof, may be taken without a meeting if every member of the Executive Board who is a Unit Owner in writing either: (a) votes for such action or (b) votes against such action or abstains from voting and vaives the right to demand that a meeting be held. Action is taken only if the affirmative votes for such action equals or exceeds the minimum number of votes that would be necessary to take such action at a meeting at which all ofthe Executive Board members then in office were present and voted. The action shall only be effective ifthere are writings which describe the action, signed by all Executive Board members, received by the Association and filed with the minutes. Any such writings may be received by electronically transmitted facsimile or other form ofwire or wireless communication providing the Association with a complete copy ofthe document including a copy of the signature. Actions taken shall be effective when the last writing necessary to effect the action is received by the Association unless the writings set forth a different date. Any Executive Board member who has signed a writing may revoke it by a writing signed, dated and stating the prior vote is revoked. However, such writing must be received by the Association before the last writing necessary to effect the action is received. All such actions shall have the same effect as action taken at a meeting. ~15 7 AUG 1 0 2007 A..:N ve n'NO LURTMENT 15. Compensation No member of the Executive Board who is a Unit Owner shall receive any compensation for serving in such office, provided that the member of the Executive Board representing a management company shall be paid such compensation as the Unit Owner members of the Executive Board shall agree, the Association may reimburse any member of the Executive Board for reasonable out of pocket expenses Incurred in connection with service on the Executive Board. 16. Notice. Notice ofthe date, time and place ofany special meeting shall be given to each Executive Board member at least two (2) days prior to the meeting by written notice either personally delivered or mailed to each Executive Board member at the Executive Board member's business address, or by notice transmitted by private courier, telegraph, telex, electronically transmitted facsimile or other form of wire or wireless communication. If mailed, such notice shall be deemed to be given and to be effective on the earlier of: (a) five (5) days after such notice is deposited in the United States mail, properly addressed, with first class postage prepaid; or (b) the date shown on the return receipt, ifmailed by registered or certified mail return receipt requested, provided that the return receipt is signed by the Executive Board member to whom the notice is addressed. If notice is given by telex, electronically transmitted facsimile or other similar form of wire or wireless communication, such notice shall be deemed to be given and to be effective when sent, and with respect to a telegram, such notice shall be deemed to be given and effective when the telegram is delivered to the telegraph company. If an Executive Board member has designated in writing one or more reasonable addresses or facsimile numbers for delivery of notice, notice sent by mail, telegraph, telex or electronically transmitted facsimile or other form ofwire or wireless communication shall not be deemed to have been given or to be effective unless sent to such addresses or facsimile numbers as the case may be. 17. Waiver of Notice. An Executive Board member may waive notice of a meeting before or after the time and date of the meeting by a writing signed by the Executive Board member. Such waiver shall be delivered to the corporate secretary for filing with the corporate records, but such delivery and filing shall not be conditions to the effectiveness of the waiver. Further, an Executive Board member's attendance at or participation in a meeting waives any required notice to the Executive Board member of the meeting unless at the beginning of the meeting, or promptly upon the Executive Board member's later arrival, the Executive Board member objects to holding the meeting or transacting business at the meeting because of lack of notice or defective notice and does not thereafter vote for or assent to action taken at the meeting. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Executive Board need be specified in the notice or waiver of notice of such meeting. B16 r-'r. ./. IF..q9Cm e r- I *TI Â· AUG 1 0 2007 GUil.B,~KG *i=,4,Ri*MINT 18. Meetings by Telecommunication. The Executive Board maypermit any Executive Board member or any member of any committee designated by the board) to participate in a regular or special meeting of the Executive Board or a committee thereof through the use of any means of communication by which all Executive Board members participating in the meeting can hear each other during the meeting. An Executive Board member participating in a meeting in this manner is deemed to be present in person at the meeting. 19. Standard of Conduct for Directors and Officers. Each Executive Board member and officer shall perform their duties as an Executive Board member or officer, including without limitation their duties as a member of any committee of the Board, in good faith, in a manner the Executive Board member or officer reasonably believes to be in the best interests o f the Association, and with the care an ordinarily prudent person in a like position would exercise under similar circumstances. In the performance of their duties, Executive Board members or officers shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by the persons designated below. However, an Executive Board member or officer shall not be considered to be acting in good faith ifthe Executive Board member or officer has knowledge concerning the matter in question that would cause such reliance to be unwarranted. An Executive Board member or officer shall not be liable to the Association or the Unit Owners for any action the Executive Board member or officer takes or omits to take as a Executive Board member or officer if, in connection with such action or omission, the Executive Board member or officer performs such duties in compliance with this Section. An Executive Board member or officer, regardless of title, shall not be deemed to be a trustee with respect to the Association or with respect to any property held or administered by the Association including, without limitation, property that may be subject to restrictions imposed by the donor or transferor of such property. The designated persons on whom a Executive Board member or officer are entitled to rely are: (a) one or more officers or employees ofthe Association whom the Executive Board member or officer reasonably believes to be reliable and competent in the matters presented; (b) legal counsel, a public accountant, or other person as to matters which the Executive Board member or officer reasonably believes to within such person's professional or expert competence; (c) a committee ofthe Executive Board on which the Executive Board member or officer does not serve if the Executive Board member reasonably believes the committee merits confidence. ARTICLE VI E17 .1 r... 0 AUG 1 0 2007 1112 rÂ· IA ' 4 ' I . ',\.0 02:,ARTMENT OFFICERS 1. General. The officers of the Association shall be a President, [one or more Vice-presidents], a Secretary, and a Treasurer. Any individual may hold more than one office. The Executive Board may appoint such other officers as it may deem advisable, who shall be chosen in such manner and hold their offices for such terms and have such authority and duties as from time to time may be determined by the Executive Board. Except as expressly prescribed by these bylaws, the Executive Board or the officer or officers authorized by the Executive Board, shall from time determine the procedure for the appointment of officers, their authority and duties, provided that the Executive Board may change the authority and duties of any officer who is not appointed by the Executive Board. All officers shall be natural persons who are eighteen (18) years or older. An officer need not be an Executive Board member, but does need to be a Unit Owner. 2. Powers and Duties. The officers of the Association shall exercise and perform the respective powers, duties, and functions as are stated below and as may be assigned to them by the Executive Board. (a) The President shall preside at all meetings of the Executive Board. The President shall be the Chief Executive Officer ofthe Association and shall, subject to the general direction and control of the Executive Board, have the general supervision, direction, and control over the business and affairs of the Association and its officers, agents, and employees. The President may sign, with the Secretary or any Assistant Secretary or any other proper officer of the Association designated by the Executive Board, any deeds, leases, mortgages, deeds oftrust, or other documents of conveyance or encumbrance of any real property owned by the Association. He shall also perform all duties incident to the office of President and such other duties as may be assigned by the Executive Board from time to time. (b) The Vice-presidents shall assist the President and shall perform such duties as may be assigned to lhem by the President or by the Executive Board. In the absence of the President, the Vice-president, if any or, if more than one, the Vice-presidents in the order designated by the Executive Board, or if the Executive Board makes no such designation, then the Vice-president designated by the President, or if neither the board nor the President makes any such designation, the senior Vice-president as determined by first election to that office), shall have the powers and perform the duties of the President. (c) The Secretary shall keep accurate minutes ofthe proceedings of the members and of the Executive Board and ofany committees ofthe Executive Board; shall ensure that all notices are duly given in accordance with the provisions ofthese Bylaws; shall be custodian ofthe records and of the seal of the Association and shall attest the affixing of the seal of the Association when authorized by the Executive Board; and shall perform such additional 018 rm r,â„¢11 9. ,-9 -7 8 /-/ -,Â»~ -# J I '.Il , i . 4 i AUG 1 0 2007 68 21 "ll'!r'NG DEPARTMENT duties as are incident to such office and as may be assigned to such person by the Executive Board or the President. Assistant Secretaries, if any, shall have the same duties and powers subject to the supervision ofthe Secretary, (d) The Treasurer shall be the principal financial officer ofthe Association; shall have the charge and custody of and be responsible for all funds and securities of the Association; shall deposit such funds in the name of the Association in such depositories as shall be designated by the Executive Board; shall keep accurate books of account and records of financial transactions and the condition of the Association and shall submit such reports thereof as the Executive Board may from time to time require; and in general, perform all duties incident to such office and such other duties as may from time to time be assigned to such person by the President or by the Executive Board. The Treasurer shall make an annual financial report to the Association at the annual meeting of the Executive Board. With the approval of the Executive Board, the Treasurer shall be authorized to engage any firm ofcertified public accountants to assist in the performance of any of the duties incident to the Treasurer's office. Assistant treasurers, if any, shall have the same duties and powers subject to the supervision ofthe Treasurer. 3. Selection and Terms of O ffices. All officers of the Association shall be elected by the Executive Board at its annual meeting and shall hold office and until their successors shall have been elected and shall have qualified. 4. Compensation. No compensation shall be paid to officers of the Association for serving in such capacity. The Association shall reimburse any officer for all reasonable out of pocket expenses incurred by such individual in connection with services rendered to or for the Association. 5. Resignation and Removal. An officer may resign at any time by giving written notice ofresignation to lhe Association. The resignation is effective when the notice is received by the Association unless the notice specifies a later effective date. Any officer or agent elected may be removed at any time with or without cause by the Executive Board or by an officer or officers authorized by the Executive Board to do so. An officer who resigns or is removed or whose appointment has expired may deliver a statement to that effect to the Colorado Secretary of State. Such removal does not affect the contract rights, if any, of the Association or of the person so removed. The appointment of an officer or agent shall not in itself create contract rights. 6. Vacancies. A vacancy in any office, however occurring, may be filled by the Executive Board, or by the officer or officers authorized by the Executive Board for the unexpired portion ofthe officer's tenn. If an officer resigns and the resignation is made effective at a later date, the Executive Board, or officer or officers authorized by the Executive Board, may permit the officer to remain in office until the effective date and may fill the pending vacancy before the effective date if the Executive Board, or officer or officers authorized by the Executive Board provide that the successor shall not 019 r-Â·- â€ž.r ... -p- p --- 1 - I. 14 . - 7 AUG 1 0 2007 4.. p.1 N m r..07. F. .U, , . .tu . 2,-1-,RTMENT take office until the effective date. In the alternative, the Executive Board, or officer or officers authorized by the Executive Board, may remove the officer at any time before the effective date and fill the resulting vacancy. ARTICLE VII CORPORATE DOCUMENTS AND RECORDS 1. Financial Statements. Upon the written request of any Unit Owners, the Association shall mail to such Unit Owners its most recent annual financial statements, ifany, and its most recently published financial statements, if any, showing in reasonable detail its assets and liabilities and results of its operations. 2. Corporate Records. The Association shall keep as pennanent records minutes of all meetings of its Unit Owners and Executive Board, a record ofall actions taken by the Unit Owners or Executive Board without a meeting and of actions taken by a committee in place of the Executive Board, and a record (f all waivers of notices of meetings of Unit Owners, the Executive Board or any committee. The Association shall also maintain any records required to be kept pursuant to the CCIOA and if not required thereby, the following records: (a) appropriate accounting records; (b) a record of its Unit Owners which permits preparation of a list ofthe name and address of all Unit Owners in alphabetical order which shows the number of votes each Unit Owners is entitled to cast; (c) its articles of incorporation and bylaws; (d) board resolutions relating to the characteristics, qualifications, rights, limitations and obligations of Unit Owners; (e) minutes of all Unit Owners' meetings and records of all action taken by Unit Owners without a meeting for the past three (3) years; (f) all written communications within the past three (3) years to Unit Owners; (g) a list of the names and business or home addresses of its current Executive Board member and officers; (h) a copy of its most recent corporate report delivered to the Secretary of State; (i) all financial statements prepared for periods during the last three (3) years that a Unit es; p r 3 020 b .--1. -...,7-I AUG 1 0 2007 BUILDHNG DC?ARTMENT Owners could have requested under Colorado law. 3. Inspection and Copying of Association Records. Upon written demand delivered at least five (5) business days before the date on which a Unit Owner wishes to inspect and copy any of the corporate records identified in Article VI12.(a), Subsection VI12.(c) and VI12.(i), a Unit Owner, a Unit Owner's agent, attorney and/or First Mortgagee is entitled to inspect and copy such records during regular business hours at the Association's principal office. The Association may impose a reasonable charge, covering the costs of labor and material, for copies of the documents provided. The charge may not exceed the estimated cost ofproduction and reproduction ofthe records. A Unit Owner may also inspect any other records at a reasonable location specified by the Association upon the same terms and conditions. Unit Owners entitled to inspect these other records must also meet the following requirements: (a) the demand must be made in good faith and for a proper purpose; (b) the Unit Owners must describe with reasonable particularity the purpose and the records the Unit Owners desires to inspect; and (c) the records must be directly connected with the described purpose. The rights set forth herein may not be abolished or limited by the Articles of Incorporation or the Bylaws ofthe Association. ARTICLE VIII AMENDMENTS TO BY-LAWS AND ARTICLES 1. Amendments to By-Laws. These By-Laws may be amended by vote ofOwners ofa majority of the votes allocated to the Units at a duly constituted meeting ofthe Unit Owners for such purpose, provided, however, that no amendment shall conflict with or minimize the intended effect of the provisions of the Association's Articles of Incorporation, the Declaration, or the mandatory provisions of CCIOA. 2. Amendments to Articles of Incorporation The Articles of Incorporation may be amended in the manner provided by law and therein. No amendment shall be made which conflicts with the mandatory provisions of CCIOA or which would have the effect of modifying the Declaration. ARTICLE IX CONTRACTS, LOAN, AND DEPOSITS 1. Contracts. The Executive Board may authorize any officer or officers, agent or agents to enter into any contract or execute and deliver any instrument in the name of and on behalfofthe Association, 021 -a- ~e,_ 1.9 e ---9 11 AUG 1 0 2007 A-1.. .1'j , rz'~rÂ·'?(: 3 LE'-ARTMENT and such authority may be general or confined to specific instances. 2. Loans. No loans shall be inntracted for on behalf of the Association and no evidence of indebtedness shall be issued in the name of the Association unless authorized by a resolution ofthe Executive Board. Such authority may be general if confined to a specific dollar limit determined from time to time by resolution of the Executive Board and shall otherwise be confined to specific instances. No loan shall be made to any officer or Executive Board member ofthe Association. 3. Checks, Drafts, and Notes. All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name ofthe Association shall be signed by such officer or officers, agent or agents of the Association and in such manner as shall from time to time be determined by resolution of the Executive Board. 4. Deposits. All funds ofthe Association not otherwise employed shall be deposited from time to time to the credit of the Association in such banks, financial institutions, or other custodians as the Executive Board may select. 5. Investment Managers. The Executive Board shall have the authority to designate any bank, trust company, brokerage firm, or investment advisor to manage the assets and investment of the assets of the Association. 6. Fiscal Year. The fiscal year of the Association shall be determined by the Executive Board. ARTICLE X SALE OF PROPERTY The Executive Board may not mortgage, pledge, dedicate to the repayment of indebtedness with or without recourse), or otherwise encumber all or substantially all of the Association's property without the approval of the Unit Owners. If the Association wishes to sell, lease, exchange or otherwise dispose of all, or substantially all of its property, the Executive Board shall propose the terms, conditions and consideration of the transaction to the Unit Owners entitled to vote thereon for their approval. This provision shall not apply to a transaction subject to court order. The procedures set forth in C.R.S. Â§7-132- 102 shall be followed by the Association in connection with such sales. ARTICLE XI INDEMNIFICATION 1. Definitions. For purposes ofthis Article: (a) The terms "Executive Board member or officer" shall include a person who, while serving /22 r-, â€¢-1/1 ,O\ 1/"Â· m 9 â€¢ r-- //- AUG 1 0 2007 /'-1 .1,= -C'.,.,RTMENT as an Executive Board member or officer of the Association, is or was serving at the request of the Association as a director, officer, partner, member, manager, trustee, employee, fiduciary or agent of another foreign or domestic corporation or nonprofit corporation. The term "Executive Board member or officer" shall also include the estate or personal representative of m Executive Board member or officer, unless the context otherwise requires. (b) The term "proceeding" shall mean any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative, whether formal or informal, any appeal in such an action, suit, or proceeding, and any inquiry or investigation that could lead to such an action, suit, or proceeding. (c) The term "party" includes an individual who is, was, or is threatened to be made a named defendant or respondent in a proceeding. (d) The term "liability" shall mean any obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expense incurred with respect to a proceeding. (e) When used with respect to a Executive Board member, the phrase "official capacity" shall mean the office or Executive Board membership in the Association, and, when used with respect to a person other than a Executive Board member, shall mean the office in the Association held by the officer or the employment, fiduciary or agency relationship undertaken by the employee or agent on behalf ofthe Association, but in neither case shall include service for any foreign or domestic corporation or for any other person, employee benefit plan, or other enterprise. 2. General Provisions. The Association shall indemnify any person who is or was a party or is threatened to be made a party to any proceeding by reason of the fact that such person is or was a Executive Board member or officer ofthe Association, against expenses (including attorneys fees), liability, judgments, fines, and amounts paid in settlement actually and reasonably incurred by such person in connection with such proceeding if such person: (a) acted in good faith, (b) reasonably believed, in the case of conduct in an official capacity with the Association, that the conduct was in the best interests of the Association, and, in all other cases, that the conduct was at least not opposed to the best interests of the Association, and (c) with respect to any criminal proceeding, had no reasonable cause to believe that the conduct was unlawful. However, no person shall be entitled to indenmification under this E23 Â» --Â·-- i-Â·tÂ· "Â·m -7 â€¢ --- 34 1 AUG 1 0 2007 , D -L-J /11~ 1 WD.-1~1 1 Section 2 either: i in connection with a proceeding brought by or in the right of the Association in which the Executive Board member or officer was adjudged liable to the Association; or ii in connection with any other proceeding charging improper personal benefit to the Executive Board member or officer, whether or not involving action in that person's official capacity, in which the officer or Executive Board member is ultimately adjudged liable on the basis {hat the Executive Board member or officer improperly received personal benefit. Indemnification under this Section 2 in connection with a proceeding brought by or in the right of the Association shall be limited to reasonable expenses incurred in connection with the proceeding. The termination of any action, suit, or proceeding by judgment, order, settlement, or conviction or upon a plea of nolo contender or its equivalent shall not of itselfbe determinative that the person did not meet the standard of conduct set forth in this Section. 3. Successful Defense on the Merits: Expenses. To the extent that an Executive Board member or officer of the Association has been wholly successful on the merits in defense of any proceeding to which he was a party, such person shall be indemnified against reasonable expenses (including attorneys' fees) actually and reasonably incurred in connection with such proceeding. 4. Determination of Right to Indemnification Any indemnification under Section 2 of this Article (unless ordered by a court) shall be made by the Association only as authorized in each specific case upon a determination that indemnification of the Executive Board member or officer is permissible under the circumstances because such person met the applicable standard o f conduct set forth in Section 2. Such determination shall be made: (a) by the Executive Board by a majority vote of a quorum of disinterested Executive Board members who at the time of the vote are not, were not, and are not threatened to be made parties to the proceeding; or (b) if such a quorum cannot be obtained, by the vote of a majority of the members of a committee ofthe Executive Board designated the Executive Board, which committee shall consist o f two or more Executive Board members who are not parties to the proceeding (Executive Board members who are parties to the proceeding may participate in the designation of Executive Board members to serve on such committee); or ~24 AUG 1 0 2007 A i r , EN GUELE.,*u ~c,-nRTMENT (c) if such a quorum ofthe Executive Board cannot be obtained or such a committee cannot be established, or even if such a quorum is obtained or such a committee is so designated, but such quorum or committee so directs, then by independent legal counsel selected by the Executive Board in accordance with the preceding procedures, or by the Unit Owners (other than the Unit Owners who are Executive Board members and are, at the time, seeking indemnification). Authorization of indemnification and evaluation as to {he reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that, if the determination that indemnification is permissible is made by independent legal counsel, authorization of indemnification and evaluation of legal expenses shall be made by the body that selected such counsel. 5. Advance Payment of Expenses: Undertaking to Repay. The Association shall pay for orreimburse the reasonable expenses (including attorneys fees) incurred by an Executive Board member or officer who is a party to proceeding in advance of the final disposition of the proceeding if: (a) the Executive Board member or officer furnishes the Association a written affirmation of the Executive Board member's or officer's good faith belief that the person has met the standard of conduct set forth in Section 2; (b) the Executive Board member or officer furnishes the Association with a written undertaking, executed personally or on the Executive Board member's or officer's behalf, to repay the advance if it is determined that the person did not meet the standard o f conduct set forth in Section 2, which undertaking shall be an unlimited general obligation of the Executive Board member or officer but which need not be secured and which may be accepted without reference to financial ability to make repayment; and (c) a determination is made by the body authorizing indemnification that the facts then known to such body would not preclude indemnification. 6. Reports to Unit Owners. In the event that the Association indemnifies, or advances the expenses of, an Executive Board member or officer in accordance with this Article in connection with a proceeding by or on behalf of the Association, a report of that fact shall be made in writing to the Unit Owners with or before the delivery of the notice of the next meeting of the Unit Owners. 7. Other Employees and Agents. The Association shall indemnify such other employees and agents of the Association to the same extent and in the same manner as is provided above in Section 2 with respect to Executive Board members and officers, by adopting a resolution by a majority of the Executive Board specifically identifying by name or by position the employees or agents entitled to indemnification. 8. Insurance. The Executive Board may exercise the Association's power to purchase and maintain ~:7Â· â€¢rm ,1 -9,2 râ„¢. 025 A 10 i I ,/j AUG 1 0 2007 A J : 41.- 11 VTNE ..clÂ·iÂ·,21'1,;JNT insurance (including without limitation insurance for legal expenses and costs incurred in connection with defending any claim, proceeding, or lawsuit) on behalf of any person who is or was an Executive Board member, officer, employee, fiduciary, agent or was serving as a director, officer, partner, member, trustee, employee, fiduciary of another domestic or foreign corporation, nonprofit corporation against any liability asserted against the person or incurred by the person in any such capacity or arising out of the person's status as such, whether or not the Association would have the power to indemnify that person against such liability under the provisions ofthis Article. 9. Nonexclusivity of Article. The Indemnification provided by this Article shall not be deemed exclusive of any other rights and procedures to which one indemnified may be entitled under the Articles of Incorporation, any Bylaw, agreement, resolution of disinterested Executive Board members, or otherwise, both as to action in such person's 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 an Executive Board member or officer, and shall inure to the benefit of such person's heirs, executors, and administrators. 10. Notice to Unit Owners of Indemnification If the Association indemnifies or advances expenses to a Executive Board member or an officer, the Association shall give written notice of the indemnification in advance to the Unit Owners with or before the notice of the next voting Unit Owners' meeting. If the next Unit Owners action is taken without a meeting, such notice shall be given to the Unit Owners at or before the time the first Unit Owner signs a writing consenting to such action. ARTICLE XII MISCELLANEOUS 1. Seal. The Executive Board may adopt a corporate seal, which may be circular in form and shall contain the name of the corporation and the words, "Seal, Colorado". 2. Gender. The masculine gender is used in these bylaws as a matter of convenience only and shall be interpreted to include the feminine and neuter genders as the circumstances indicate. 3. Conflicts. In the event of any irreconcilable conflict between these Bylaws and either the Association's Articles of Incorporation, the Declaration or the mandatory provisions of the Colorado Revised Non-Profit Corporation Act, the latter shall control. 4. Definitions. Except as otherwise specifically provided in these Bylaws, all terms used in these Bylaws shall have the same definition as in the Declaration, Association's Articles of Incorporation, the Colorado Revised Nonprofit Corporation Act and CCIOA. 026 1 AUG 1 0 2007 1- ' L J 5. Receipt of Notices by the Association Notices, Unit Owners or Executive Board members writings consenting to action, and other documents or writings shall be deemed to have been received by the Association when they are actually received: (a) at the registered o ffice o f the Association in Colorado; (b) at the principal office of the Association (as that office is designated in the most recent document filed by the Association with the Secretary of State for Colorado designating a principal office) addressed to the attention o f the Secretary of the Association; (c) by the Secretary o f the Association wherever the Secretary may be found; or (d) by any other person authorized from time to time by the Executive Board or the president to receive such writings wherever such person is found. 6. Emergency Powers and Bylaws. An "emergency" exists for the purposes ofthis section ifa quorum of the Executive Board members cannot readily be obtained because of some catastrophic event. In the event o f an emergency, the Executive Board may: (a) modify lines of succession to accommodate Ihe incapacity of any Executive Board member, officer, employee or agent; and (b) relocate the principal office, designate alternative principal offices or regional offices, or authorize officers to do so. During an emergency, notice of a meeting of the Executive Board only needs to be given to those Executive Board members whom it is practicable to reach and may be given in any practicable manner including by publication or radio. One or more officers of the Association present at a meeting of the Executive Board may be deemed Executive Board members for the meeting, in order of rank and within the same rank in order of seniority, as necessary to achieve a quorum. Association action taken in good faith during an emergency binds the Association and may not be the basis for imposing liability on any Executive Board member, officer, employee or agent of the Association on the ground that the action was not authorized. The Executive Board may also adopt emergency bylaws, subject to amendments or repeal by the Unit Owners, which may include provisions necessary for managing the Association during the emergency including: i procedures for calling a meeting of the Executive Board; ii quorum requirements for the meeting; and iii designation of additional or substitute Executive Board members. The 027 AUG 1 0 2007 AL 2 4 2 ...,t'J ......,,Rll:ENT / 1 emergency bylaws shall remain in effect during the emergency and not be after the emergency ends ARTICLE XIII TRANSACTIONS REQUIRING UNIT OWNERS APPROVAL Notwithstanding anything in these Bylaws to the contrary, neither the Executive Board, nor any committee ofthe Executive Board, nor any officer, agent, or employee of the Association shall take any of the following actions without the prior approval of the Unit Owners: 1. Amendment or restatement of the Articles of Incorporation or Bylaws of the Association; 2. Election of the Executive Board members of the Association; 3. Merger, consolidation, reorganization, or dissolution of the Association; 4. Sale, lease, disposition, pledge, gift, or encumbrance of any interest in real or personal property belonging to the Association, except in accordance with the established policies for such matters approved from time to time in advance by the Unit Owners; 5. Aggregate borrowing of the Association for any period for any purpose in excess of a dollar amount, if any, provided in the Declaration, or to be established by the Unit Owners from time to time. The term "borrowing" for these purposes to include any commitment for the payment of money pursuant to any contract; 6. The formulation of an initial, or any change in any subsequent, formal or informal statement of the purposes and objectives ofthe Association; 7. The approval or adoption of the annual and my special operating and capital budgets of the Association; 8. Any unbudgeted capital expenditure in excess of a dollar amount to be determined by the Unit Owners from time to time, and 9. The appointment of an independent auditor for the Association. r-r, ~_ f=' â€¢ m r -,9 ...h 028 AUG 1 0 2007 01 ;01 e'K'r 1 -:ry Â·Â·,7"l~Â·--Ber -.Â· 1-3 JLL ,-Alle,-Al ARTICLE XIV MORTGAGES 1. Notice to Association An Owner who mortgages a Unit shall notify the Association giving the name and address ofsuch Owner's Mortgagee. The Association shall maintain such information in the Association's records. 2. Notice ofUnpaid Common Assessments. The Association, whenever so requested in writing by a Moitgagee of a Unit, shall promptly report any then unpaid Assessments due from, or any other default by, the Owner of a mortgaged Unit. 3. Notice ofDefault. When giving notice to a Unit Owner ofa default in paying Assessments or other default, the Board shall send a copy ofeach notice given to a Unit Owner to each First Mortgagee holding a first lien on Unit whose name and address has theretofore been furnished to the Board. ARTICLE XV ABATEMENT AND ENJOYMENT OF VIOLATIONS BY UNIT OWNERS Abatement and Enioyment. The violation ofany Rule or Regulation adopted by the Executive Board, orthe breach of any By-Law, or the breach of any provision of the Declaration, shall give the Board or a professional Management Contractor the right, in addition to any other rights set forth therein, to enter the Unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense ofthe defaulting Unit Owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions thereof, and the Board or professional Management Contractor shall not be deemed guilty in any manner of trespass and shall have the right to expel, remove and put out, using such force as may be necessary in so doing, without being liable to prosecution or in damages therefor, and the Board or professional Management Contractor shall have the right to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity the continuance of any such breach. DATED this day of , 200_. John R. Provine Ronald E. Soderling 029 r "7 1,â€ž8 â€ž7 9 r- . '-Â·7 , 4 +6 1,1 C '. .. '0 -Â· Â·Â·p,ki, -1 AUG 1 0 2007 nl ~:1 r'&:r: 1,1' '- OTAip.IT Leonard M. Oates 030 't 6 'A, 5 0 5. A-,2. 'b jc_ 05-2 2 0 0 5 ----4~~ 1. CCIOA CONDOMINIUM DECLARATION FOR 306 S. GARMISCH TOWNHOMES CONDOMINIUMS Name of the Common Interest 306 S. Garmisch Townhomes Community: Condominiums Name of the Association: 306 S. Garmisch Townhomes Condominium Association, Inc. Persons executing this Declaration: 306 S. Garmisch, LLC, a Colorado limited liability company E i ..i ;; 11~u 2 1.,I AUG 1 0 2007 1 6211,.,AO .L. i illiNJ-,41 306 S. GARMISCH TOWNHOMES CONDOMINIUMS TABLE OF CONTENTS ARTICLE I 1 General Purposes, Submission, Defined Terms 1 Section 1.1 General Purposes 1 Section 1.2 Submission of Real Estate 1 Section 1.3 Defined Terms 1 ARTICLE II 1 Names, Recording Data, Certain Descriptions, and Development Rights â€¢IIIIIIIIIIIIâ€žIII 1 Section 2.1 Name of Common Interest Community 1 Section 2.2 Type of Common Interest Community 2 Section 2.3 Name of Association 2 Section 2.4 County in which Common Interest Community is Situated Section 2.6 Recording Data 2 Section 2.7 Special Declarant Right~ 2 ARTICLE III 2 Units/Common Elements 2 Section 3.1 Number of Units 2 Section 3.2 Identification of Units 2 Section 3.3 Description of Units 2 Section 3.4 Unit Boundaries 2 Section 3.5 Common Elements and Limited Common Elements Section 3.6 No Partition of Units from Condominium 3 Section 3.7 Separate Assessment 3 Section 3.8 No Mechanic's Liens. 3 Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units Section 3.10 Parking Spaces 4 ARTICLE IV 4 The Association, Declarant Control, Indemnification, Notice . 4 Section 4.1 Purposes 4 Section 4.2 Specific PowerÂ£ 4 Section 4.3 Membership Qualifications 4 Section 4.4 Executive Board 5 Section 4.5 Declarant Control 6 Section 4.6 Indemnification 6 Section 4.7 Notice to Owners 6 ARTICLE V 7 Easements and Licenses Section 5.1 Unit Owners' Easements 7 Section 5.2 Easement or Encroachments 7 ARTICLE VI 7 Allocated Interests 7 Section 6.1 Allocated Interests 7 Section 6.2 Determination of Allocated Interests 7 ARTICLE VII 8 Covenant for Common Expense Assessments 8 Section 7.1 Obligation to Pay Common Expense Assessments Section 7.2 Apportionment of Common Expenses. 8 Section 7.3 Purpose of Assessments 9 Section 7.4 Adoption of Budget... 9 Section 7.5 Annual Assessment/Commencement of Common Expense Section 7.6 Effect of Non-Payment of Assessments 10 Section 7.7 Special Assessments 10 Section 7.8 The Association's Lien 10 Section 7.9 Statement of Unpaid Assessments 11 Section 7.10 Working Fund 11 ARTICLE VIII 11 Use and Other Restrictionâ‚¬ 11 Section 8.1 Use of Units 11 Section 8.2 Ownership of Units C and D 12 Section 8.3 Control of Units C and D 12 Section 8.4 Use of Parking Spaces 12 Section 8.5 Maintenance of Units 12 Section 8.6 Restrictions on Animals and Pets 13 Section 8.7 Zoning, Nuisances, Hazards 13 Section 8.8 Compliance with Insurance Requirements 13 Section 8.9 Leasing of Units 13 Section 8.10 Restrictions on Floor Loads 13 Section 8.11 Leasing of Unitq 13 Section 8.12 No Time Shares 14 Section 8.13 Rules and Regulations 14 Section 8.14 No Time Shares 14 Section 8.15 Rules and Regulations 14 ARTICLE IX 14 Design Review 14 Section 9.3 Variance< 14 Section 9.4 Waivers 14 Section 9.3 Variances 15 Section 9.4 Waivers 15 Section 9.5 Liability 15 ARTICLE X 15 Insurance ... 15 ARTICLE X 15 Insurance... 15 Section 10.1 Insurance 15 Section 10.2 Property Insurance 16 Section 10.3 Liability Insurance 17 Section 10.4 Fidelity Insurance 17 Section 10.7 Other Insurance 17 Section 10.8 Insurance 17 Section 10.7 Other Insurance 17 Section 10.8 Insurance Premium 17 Section 10.11 Annual Insurance 17 Section 10.12 Adjustments by the Association 17 Section 10.13 Duty to Repair 18 ARTICLE X] 18 Section 10.13 Duty to Repair 18 ARTICLE Â¥1 18 ARTICLE XII ... 18 Enforcement 18 ARTICLE XII 18 Enforcement 18 Amendments 18 ARTICLE XIII . 19 Amendments 19 Restoration and Termination 19 ARTICLE XIV.., 19 Section 14.2 Termination 19 ARTICLE XV 19 Condemnation 19 ARTICLE XV 19 Condemnation 19 Section 15.3 Partial Taking 19 ARTICLE XVI 20 Miscellaneous 20 ARTICLE XVI 20 Miscellaneous 20 Section 16.1 Severability 20 Section 16.4 Captions 20 Section 16.5 Colorado Law 21 Section 16.4 Captions. 21 Section 16.5 Colorado Law. 21 Section 16.6 Disclaimer 21 Section 16.7 Limited Liability 21 Section 16.8 Conficts with Articles, Bylaws or Rules of Association ...................... 21 Section 16.9 Covenants Running with the Land 21 Section 16.10 Matters of Record 21 CONDOMINIUM DELCARATION FOR THE 306 S. GARMISCH TOWNHOMES CONDOMINIUMS This CONDOMINIUM DECLARATION is made this day of , 2007 by 306 S. GARMISCH, LLC, a Colorado limited liability companies ("Declarant"), whose address is 306 S. Garmisch, Aspen, CO 81611. ARTICLE I General Purposes, Submission, Defined Terms Section 1.1 General Purposes. Declarant is the owner of certain improved, fully developed, real estate known as the "306 S. GARMISCH TOWNHOMES CONDOMINIUMS" located in the City of Aspen, County of Pitkin, Colorado on the property more particularly described as 306 S. Garmisch Condominiums Subdivision according to the Plat thereof filed for record in Plat Book at Page of the records of Pitkin County, Colorado ("Real Estate"). Declarant desires to create a Common Interest Community under the name "306 S. GARMISCH TOWNHOMES CONDOMINIUMS," pursuant to which the Real Estate will be designated for separate ownership and use of a residential nature with the right for home occupations (as limited thereby). Section 1.2 Submission of Real Estate. Declarant hereby submits the Real Estate together with all easements, rights-of-way and appurtenances thereto and the buildings and improvements erected thereon (collectively, the "Real Estate") to the provisions of the Colorado Common Interest Ownership Act, Section Â§38.33.3-101 et seq., of the Colorado Revised Statutes (the "Act") and to this Declaration. In the event the Act is repealed, the Act on the effective date of this Declaration shall remain applicable. Declarant hereby declares that all ofthe Real Estate shall be held, leased, mortgaged, sold and conveyed subject to the following terms, easements, reservations, restrictions, covenants, and conditions. Declarant further declares that this Declaration is made for the purpose of protecting the value and desirability of the Real Estate; that this Declaration shall run with the Real Estate and shall be binding on all parties having any right, title or interest in the Real Estate or any part thereof, their heirs, devisees, legal representatives, successors and assigns and shall inure to the benefit of each and every Owner. Section 1.3 Defined Terms. Each capitalized term not otherwise defined in this Declaration or on the Condominium Map of the 306 S. Garmisch Townhomes Condominiums (the "Map" or the "Condominium Map") shall have the meanings specified or used in the Act. ARTICLE II Names, Recording Data, Certain Descriptions, and Development Rights Section 2.1 Name of Common Interest Community. The name of the Common Interest Community is the "306 S. Garmisch Townhomes Condominiums." Section 2.2 Type of Common Interest Community. The type of Common Interest Community is a Condominium. Section 2.3 Name of Association. The name of the Association is the "306 S. Garmisch Townhomes Condominium Association" a Colorado non-profit corporation (the "Association"). Section 2.4 Countv in which Common Interest Communitv is Situated. The Common Interest Community consists of the Real Estate which is located entirely within the County of Pitkin, State of Colorado. Section 2.5 Recording Data. The recording data for all recorded easements and licenses appurtenant to or included in the Common Interest Community is set forth in Exhibit "A." In addition, the Common Interest Community may be subject to the easements or licenses granted or reserved pursuant to this Declaration. Section 2.6 Special Declarant Rights. The Declarant hereby reserves the Special Declarant Rights enumerated in Section Â§38-33.3-103 (29) of the Act. ARTICLE III Units/Common Elements Section 3.1 Number of Units. The number of Units in the Common Interest Community is four (4) consisting of two deed restricted (2) Free Market Units ("Free Market Units"), being Units A and B, and two (2) Affordable Housing Units ("Affordable Housing Units"), being Units C and D, (all four (4) being "Units"). The Condominium Map reflects the location of two (2) Free Market Units and the two (2) Affordable Housing Units. Units C and D shall initially be owned by the Association. Section 3.2 Identification of Units. The identification number of each Unit is shown on the Condominium Map and Exhibit "B" to this Declaration attached hereto which exhibit is by this reference made a part hereof. Section 3.3 Description of Units. Every contract for sale, deed, lease, security interest and every other legal document or instrument shall legally describe a Unit as follows: Unit , 306 S. Garmisch Townhomes Condominiums, a Common Interest-Eommunity according to the Condominium Map thereof recorded in Plat Book at Page and the Condominium Declaration for 306 S. Garmisch-Townhomes Condominiums recorded at Reception No. all ofthe real estate records of Pitkin County, Colorado. Section 3.4 Unit Boundaries. The boundaries of each Unit are shown on the Condominium Map. Unless otherwise shown on the condominium Map; as required by the Act or as set forth below, Unit boundaries consist of unfinished walls, floors and ceilings. (a) All lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, and finished flooring and any other materials constituting any part of the finished surfaces thereof are a part of each Unit; (b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit; and (c) All built-in air handling, ventilation and heating systems including chutes, flutes, ducts, wire, conduit and all other mechanical systems of the 306 S. Garmisch Townhomes Condominiums wherever situated that serve only one Unit are Limited Common Elements allocated solely to that Unit and any portions thereof that serve more than one Unit or the Common Elements are Common Elements. (d) Any spaces or improvements outside the boundaries of any Unit that do not serve any particular Unit shall be Common Elements. (e) Any structural elements, bearing walls or columns wherever situated to the unfinished surfaces thereof shall be Common Elements. Section 3.5 Common Elements and Limited Common Elements. Portions of the Real Estate shown on the Condominium Map are either Common Elements or Limited Common Elements. The Association shall be responsible for the maintenance, repair and replacement of all Common Elements. Unless provided otherwise in this Declaration, the Association shall also be responsible for the maintenance, repair and replacement of all Limited Common Elements. Section 3.6 No Partition of Units from Condominium. No Owner may assert any right of partition with respect to such Owner's Unit. By becoming an Owner, each Owner waives any and all rights of partition such Owner may hold with respect to such Owner's Unit desiring to separate it from the Condominium. This Section 3.6 shall not, however, limit or restrict the right of the Owners of a Unit to bring a partition action pursuant to Section 3 of 8-28-101 et sea., ofthe Colorado Revised Statutes requesting the sale of the Unit and the division of the proceeds among each Owners; provided that no physical division of the Unit shall be permitted as a part of such action and no such action shall affect any other Unit. Section 3.7 Separate Assessment. Declarant shall give written notice to the Assessor of Pitkin County, Colorado requesting that the Units be separately assessed and taxed and that the total value of the Common Elements be assessed and taxed proportionately in accordance with the Allocated Interest of such Unit in the Common Elements. After this Declaration has been recorded in the real estate records of Pitkin County, Colorado, Declarant shall deliver a copy of this Declaration as recorded to the Assessor of Pitkin County, Colorado. Section 3.8 No Mechanic's Liens. (a) If any Owner shall cause or permit any material to be furnished to such Owner's Unit or any labor or services to be performed therein, no Owner of any other Unit shall be liable for the payment of any expense incurred or for the value o f any work done or material furnished. All such work shall be at the expense of the Owner causing it to be done, and such Owner shall be solely responsible to contractors, laborers, materialmen and other persons furnishing labor, services or materials to such Owner's Unit. Nothing herein contained shall authorize any Owner or any person dealing through, with or under any Owner to charge the Common Elements or any Unit other than that of such Owner with any mechanic's or materialmen's lien or other lien or encumbrance whatsoever. Notice is hereby given that the right and power to charge any lien or encumbrance of any kind against the Common Elements or against any Owner or any Owner's Unit for work done or materials furnished to any other Owner's Unit is hereby expressly denied. (b) If, because of any act or omission o f any Owner, any mechanic's or materialman's lien or other lien or order for the payment of money shall be filed against any of the Common Elements or against any other Owner's Unit or against any other Owner or the Association (whether or not such lien or order is valid or enforceable as such), the Owner whose or which act or omission forms the basis for such lien or order shall, at such Owner's own cost and expense, cause such lien or order to be canceled or bonded over in an amount and by a surety company reasonably acceptable to the party or parties affected by such lien or order within twenty (20) days after the filing thereof, and further such Owner shall indemnify and save harmless all such parties affected from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney fees resulting therefrom. Section 3.9 Subdivision of Units and Relocation of Boundaries Between Units. There is hereby reserved to Owners of Units the right in accordance with the Act, but subject to the land use regulations of the City of Aspen Colorado, to subdivide a Unit into two or more Units or to relocate the boundaries between adjoining Units. Section 3.10 Parking Spaces. The two (2) off-street outside Parking Spaces shown on the Map shall be limited common elements appurtenant to the Units, and the use thereof restricted to one (1) for each of Units C and D. ARTICLE IV The Association, Declarant Control, Indemnification, Notice Section 4.1 Purposes. The Association, through its Executive Board, shall perform the functions and manage and administer the Common Interest Community as provided in this Declaration so as to further the interests of the members of the Association. The Association shall be governed by its Articles of Incorporation and Bylaws, as amended from time to time. The Executive Board may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Executive Board of final responsibility. Section 4.2 Specific Powers. The Association shall have all the powers, authority and duties as necessary and proper to manage the business and affairs of the Common Interest Community. The Association shall have all of the powers, authority and duties permitted or set forth in the Act. The Association shall have the power to assign its right to future income, including the right to receive Common Expense assessments, but only upon the affirmative vote of the Unit Owners of Units to which at least sixty-six and two- thirds percent (66 2/3%) of the votes in the Association are allocated at a meeting called for such purpose. Section 4.3 Membership Oualifications. Each individual, corporation, partnership, limited liability company, joint venture, trust or other legal entity capable of holding title to real property in Colorado shall automatically become a member of the Association upon becoming an Owner of a Unit. Membership shall be continuous throughout the period that such ownership continues and shall be appurtenant to and inseparable from ownership of a Unit. Ownership of a Unit shall be the sole qualification for such membership. Membership shall terminate automatically without any Association action whenever any Owner ceases to own any Unit. No Owner may pledge or otherwise hypothecate its membership in the Association and no such pledge or hypothecation shall be effective or binding on the Association. Where more than one person or legal entity holds an interest in any Unit, all such persons or legal entities shall be members and the voting o f such membership shall be in accordance with the Act. Section 4.4 Executive Board. The affairs of the Association shall be governed by an Executive Board consisting oftwo (2) members only; one ofwhom shall be elected by the Unit Owners of Unit A and the other member shall be elected by the Unit Owners of Unit B. Association, as the Unit Owner of Units C and D shall not be entitled to elect any members of the Executive Board or to serve on the Executive Board. All controversies, claims or disputes between the Executive Board Members which cannot be resolved through negotiations between the Executive Board Members, shall be submitted to an Advisor or an Advisory Panel, as appropriate, in accordance with the procedure set forth in subparagraph (a) below. If the Executive Board Members or any of them do not wish to abide by the recommendation of the Advisor or Advisory Panel, the matter or matters in dispute shall be submitted to binding arbitration in accordance with subparagraph (b) below. (a) AdvisorY Panel. The process shall be commenced by an Executive Board Member giving to the other Executive Board Member written notice that a matter or matters in dispute (as briefly described in the notice) are to be submitted to an Advisor or Advisory Panel. If the Executive Board Members unanimously agree on the identity o f an Advisor, who is willing to act as such, within 10 days of the giving of such written notice, then the issue(s) shall be submitted to the Advisor. If the Executive Board Members do not unanimously agree on the identity of an Advisor, then the Advisory Panel shall consist of three persons. Each Board Member shall appoint one member of the Advisory Panel, and the two members so appointed shall appoint the third member. Each Advisor or member of an Advisory Panel must be a person with expertise and experience regarding the matter(s) in dispute. No Advisor or member of an Advisory Panel shall be an employee, agent or affiliate of any Executive Board Member. Each Advisor or member of an Advisory Panel shall, prior to hearing any discussion regarding the disputed issue(s), agree in a form satisfactory to the Executive Board Members to keep all information learned as a result of rendering advice to the Executive Board Members absolutely confidential. The issue(s) in dispute shall be informally presented to the Advisor or the Advisory Panel, as the case may be, no later than 10 business days following appointment of the Advisory Panel. Within five business days after the conclusion o f such presentation, the Advisor or Advisory Panel hearing the issue(s) shall render a recommendation to the Executive Board Members. In the event of a disagreement amongst the members of an Advisory Panel as to the proper recommendation, the vote of two out of three or other majority of members of such Panel shall prevail. The recommendation of the Advisor or Advisory Panel shall not be binding upon the Executive Board Members. An Advisor or member of an Advisory Panel may be paid such amounts and provided such technical or other professional assistance as the Executive Board Members deem appropriate. The Executive Board Members each shall pay their respective pro rata share of all such costs. (b) Arbitration. If the Executive Board Members or any of them do not wish to abide by the recommendation of the Advisor or Advisory Panel, the matter or matters in dispute shall be submitted to binding arbitration before a panel of three arbitrators in Aspen, Colorado, according to the rules and practices of the American Arbitration Association from time to time in force, except that the Executive Board Members shall be entitled to the full scope of and procedures for discovery, as defined by the Colorado Rules of Civil Procedure. The arbitrators shall have the full powers and functions of a federal district court judge with respect to such discovery to the extent permitted by law. In addition, the Executive Board Members may apply to any court or courts of competent jurisdiction in the aid of and in enforcement of such rights of discovery. This submission and agreement to arbitrate shall be specifically enforceable. Arbitration may proceed in the absence of any Executive Board Member i f notice o f the proceedings has been given to such Executive Board Member. The Executive Board Members agree to abide by all awards rendered in such proceedings. Such awards shall be final and binding on afl Executive Board Members to the extent and in the manner provided by the Colorado Rules of Civil Procedure. All awards may be filed with the clerk of any state or federal court having jurisdiction over the Executive Board Members or their property as a basis of declaratory or other judgment and of the issuance of execution. No Executive Board Member shall be considered in default hereunder during the pendency of arbitration proceedings relating such default. The costs incurred by the Executive Board Members in connection with any arbitration proceedings shall be borne by the Members as determined by the arbitrators. Section 4.5 Declarant's Control. The Declarant shall have the reserved power, pursuant to the Act, to appoint and remove officers and members ofthe Executive Board. This power of Declarant (the "period of Declarant's Control") terminates upon the sale and conveyance of the last of Units A and B. At such time as the first of Units A and B shall be sold and conveyed the Owner of that Unit shall be entitled to appoint one (1) member ofthe Executive Boar-4 At the time the last of Units A and B shall be sold and conveyed, that Unit Owner shall appoint the other member of the Executive Board. The Declarant may voluntarily surrender the right to appoint and remove officers and members ofthe Executive Board before termination of the period of Declarant's Control, but, in that event, the Declarant may require, for the duration of the period of Declarant's Control, that specified actions of the Association or Executive Board, as described in a recorded instrument executed by the Declarant, be approved by the Declarant before they become effective. Section 4.6 Indemnification. To the fullest extent permitted by law, each officer and Executive Board member of the Association shall be and is hereby indemnified by the Unit Owners and the Association against all expenses and liabilities including attorney's fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or Executive Board member of the Association, or any settlements thereof, whether or not they are an officer or Executive Board member of the Association at the time such expenses are incurred; except in such cases wherein such officer or Executive Board member is adjudged guilty o f willful misfeasance or malfeasance in the performance of his or her duties; provided that in the event of a settlement the indemnification shall apply only when the Executive Board approves such settlement and reimbursement as being in the best interests of the Association. Section 4.7 Notice to Owners. Notice to an Owner of matters affecting the 306 S. Garmisch Townhomes Condominiums by the Executive Board or another Unit Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or on the third business day after deposit in the mails for registered or certified mail, return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner's Unit. ARTICLE V Easements and Licenses Section 5.1 Unit Owners' Easements. Every Unit Owner shall have a right of enjoyment and easement for access to such Unit Owner's Unit through or over the Common Elements and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The right of the Association to promulgate and publish reasonable rules and regulations which each Unit Owner and their guests shall strictly comply with. (b) The right of the Association to suspend the voting rights and rights to use the Common Elements by any Unit Owner for any period during which any assessment against such Owner' s Unit remains unpaid; and, for a period not to exceed sixty (60) days for any Infraction of its rules and regulations. (c) The right of the Association to grant easements, leases, licenses and concessions through or over the Common Elements. (d) The right of the Association to convey or subject a Common Element to a security interest in accordance with and to the extent permitted by the Act. (e) The right of the Association to close or limit the use of the Common Elements while maintaining, repairing or replacing such Common Elements. (f) Any Unit Owner may delegate such Owner's right of enjoyment to the Common Elements and facilities to the members of their family, their tenants or guests who reside or rent at such Owner's Unit. Section 5.2 Easement or Encroachments. To the extent that any Unit or Common Element encroaches on any other Unit or Common Element, a valid easement for the encroachment exists. ARTICLE VI Allocated Interests Section 6.1 Allocated Interests. The Common Expense liability, percentage ownership interest of each Unit Owner in the Common Elements and votes in the Association allocated to each Unit are set forth in Exhibit B, "Table of Interests." Section 6.2 Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows: (a) By allocating the interests based on the relative square footage of the Units. Unless a different arrangement is worked out with the City, and only to the extent required to comply with applicable Colorado law, a one-tenth of one percent interest in each of the Units C and D will be conveyed to the Aspen Pitkin County Housing Authority, ("APCHA"). Said one-tenth of one percent interest is hereinafter referred to as the "APCHA Interest". The conveyance of the APCHA Interest shall be expressly subject to the understanding and agreement that (a) ownership of the APCHA Interest only gives APCHA the right to enforce the deed restrictions on Units C and D, and does not give APCHA any authority or rights that are not specifically set forth in the deed restriction, (b) in all other respects, APCHA shall be deemed to have no ownership rights or responsibilities in connection with Units C and D, and the Association, as the Owner of the remaining interest in Units C and D shall have full right and authority to lease, encumber, or otherwise deal with the Units C and D as if such owner held a 100 percent interest therein, (c) APCHA shall have no liability to third persons arising solely out of its ownership of the APCHA Interest, and the party conveying the APCHA Interest shall indemnify APCHA from and against any losses or liabilities arising solely out of its ownership o f the APCHA Interest, (d) the APCHA Interest will be conveyed to the then- current owners of Units C and D if and when the Colorado legislature or a court of competent jurisdiction legalizes the imposition of rent restrictions on affordable housing dwelling units, and (e) the APCHA Interest will be conveyed to the buyers o f Units C and D upon the sale thereof by the Declarant subject, however, to the deed restriction in place for the benefit of APCHA. (b) The percentage of ownership interest of each Unit Owner in the Common Elements is based upon the relative square footage of each unit as set forth in Exhibit "B". The percentage of ownership of each Unit is that unit's allocated interest ("Allocated Interest" or "Allocated Interests" as to all of the Units). (c) The number of votes in the Association is such that each Unit has that percentage o f the total votes equal to its Allocated Interest. ARTICLE VII Covenant for Common Expense Assessments Section 7.1 Obligation to Pay Common Expense Assessments. Declarant, for each Unit, shall be deemed to covenant and agree, and each Unit Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association Common Expense assessments imposed by the Association against said Unit. Such assessments, including fees, charges, late charges, attorney's fees, fines and interest charged by the Association shall also be the personal obligation of the Unit Owner of such Unit at the time when the assessment or other charges become due. Where there are multiple Owners of a Unit, the obligation to pay assessments shall be joint and several. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit Owner may become exempt from liability for payment of the Common Expense assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Common Expense assessments are made. All assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Executive Board is not properly exercising its duties and powers under this Declaration. Section 7.2 Apportionment of Common Expenses. Except as provided in this Section 7.2 or elsewhere in this Declaration, Common Expense assessments shall be assessed against the Units in accordance with their respective Allocated Interests which is based on the relative square footage of each of the units. (a) Any Common Expense associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Units to which that Limited Common Element is assigned, equally, or in any other proportion that the Executive Board deems equitable; (b) Any Common Expense or portion thereof benefiting fewer than all of the Units shall be assessed exclusively against the Units benefited; (c) Any Common Expense for services provided by the Association to an individual Unit at the request of the Unit Owner may be assessed against that Unit only; (d) The cost of insurance shall be assigned in proportion to risk. Any insurance premium increase attributable to a particular Unit by virtue of activities in or construction of the Unit shall be assessed against that Unit; (e) An assessment to pay a judgment against the Association may be made only against the Units in the Common Interest Community at the time the judgment was entered, in proportion to their Common Expense liabilities; (f) If a Common Expense is caused by the misconduct of a Unit Owner, the Association may assess that expense exclusively against that Unit Owner and their Unit; (g) Fees, charges, taxes, impositions, late charges, fines, collection costs and interest charged against a Unit Owner pursuant to Section 7.5 below or elsewhere in the Declaration shall be collectable as Common Expense assessments; Section 7.3 Purpose of Assessments. The assessments levied by the Association through its Executive Board shall be used exclusively for the purposes of promoting the health, safety, and welfare of the members of the Association. Such purposes shall include, but shall not be limited to the following: (a) the improvement, maintenance, repair, upkeep and reconstruction of the Common Elements; or (b) for the painting, landscape care and snow removal and any other maintenance obligations which may be deemed desirable for the common benefit of the Unit Owners; or (c) for the maintenance of property values; or (d) for payment of expenses which may be incurred by virtue of agreement with or requirement of any governmental authority; or (e) to hire a manager to perform all of the tasks of the Association which are legally delegable to a manager. The assessments may also be used to provide insurance of various types and in such amounts deemed appropriate by the Executive Board. Also, a portion of the assessments may be used to provide a reserve fund for the replacement, repair, and maintenance of Common Elements which must be replaced or refurbished on a periodic basis. Section 7.4 Adoption of Budget. Within thirty (30) days after adoption of any proposed budget for the Common Interest Community, the Executive Board shall mall, by ordinary first-class mail or otherwise deliver, a summary o f the budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing or other delivery ofthe summary. Unless at that meeting, the affirmative vote of the Unit Owners to which sixty-six and two-thirds percent (66 2/3%) or more of the votes in the Association are allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the event that the proposed budget is rejected, the last periodic budget as ratified by the Unit Owners will be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Executive Board. Section 7.5 Annual Assessment/Commencement of Common Expense. Common Expense assessments may be made on an annual basis against all Units and shall be based upon the Association's budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Executive Board. Common Expense assessments may begin on the first day of the month in which conveyance of the first Unit to a Unit Owner other than the Declarant occurs. The omission or failure of the Executive Board to levy assessments for any period shall not be deemed a waiver, modification or a release o f the Unit Owners from their obligation to pay assessments for such period. Section 7.6 Effect of Non-Payment of Assessments. Any assessments, changes or fees provided for in this Declaration, or any monthly or other installments thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Executive Board, shall bear interest at the rate of eighteen percent (18%) per annum from the due date, and the Association may assess a reasonable late charge thereon as determined by the Executive Board. Failure to make payment within sixty (60) days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option o f the Executive Board. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may . be commenced and pursued to the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to stop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent assessments, charges or fees, or monthly or other installments thereof, which are not fully paid when due. Section 7.7 Special Assessments. In addition to the annual or regular Common Expense assessments, the Association may establish at any time a special assessment for the purpose of paying or creating a reserve for, in whole or in part, the cost of any expense which the Association is entitled to incur pursuant to the provisions of the Declaration, the Articles or the Bylaws and which is not scheduled to be paid in a budget adopted by the Association. No special assessment may be levied by the Association unless such special assessment has been approved by the Executive Board and by the majority vote of the Owners present in person or proxy at a meeting called for such purpose at which a quorum was present. Section 7.8 The Association's Lien. The Association shall have from the date of recording of this instrument a lien against each Unit to secure payment to the Association o f all assessments with respect to such Unit, interest thereon and all costs and expenses o f collecting such assessments and charges including reasonable attorney's fees. The Association's lien shall be prior and superior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded prior to the recordation of this instrument; (b) the security interest of a first lien or with respect to such Unit except to the extent specified in the Act; (c) liens for real estate taxes and other governmental charges against such Unit; and (d) mechanic's and materialman's liens which by law may be prior to the Association's lien. The Association's lien shall attach from the date of recording of this instrument and shall be considered perfected without the necessity of recording a notice of lien. Nevertheless, the Association may record in the real estate records of Pitkin County, Colorado, a notice of lien which shall be executed by an officer or Executive Board Member o f the Association and which shall contain substantially the following information: (i) the legal description of the Unit against which the lien is claimed; (ii) the name of the defaulting Owner of such Unit as indicated by the Association's records; (iii) the total unpaid amount together with interest thereon and costs of collection as o f the date o f such notice; (iv) a statement that the notice of lien is made by the Association pursuant to the Declaration; and (v) a statement that a lien is claimed and will be foreclosed against such Unit in an amount equal to the amount stated as then due and any additional amounts thereafter becoming due. No failure or omission of the Association to file any notice of lien shall affect the validity, priority or enforceability of such lien. The Association's lien may be foreclosed upon in the manner provided by Colorado for the foreclosure of mortgages encumbering real property. In any such foreclosure, the Owner of the Unit subject to such foreclosure shall be required to pay the costs and expenses of such proceedings, including reasonable attorney's fees. The Association shall be entitled to purchase the Unit at any foreclosure sale, and to hold, lease, mortgage or convey the same. In any such foreclosure action, the Court may appoint a receiver to collect all sums alleged to be due from the Owner prior to or during the pendency of such foreclosure or action. The Court may order the receiver so appointed to pay any sums held by such receiver to the Association during the pendency o f such foreclosure to the extent o f the unpaid assessments and charges. Section 7.9 Statement of Unpaid Assessments. The Association shall furnish to an Owner of a Unit or such Unit Owner's designee or to a holder of a security interest or its designee, upon written request, delivered personally or by certified mall, first-class postage prepaid, return receipt requested to the Association's registered agent, a written statement setting forth the amount of the unpaid assessments, if any, with respect to such Unit. Such statement shall be furnished within fourteen (14) calendar days after receipt of the request and is binding upon the Association, the Executive Board and every Unit Owner. If no statement is furnished to the requesting party delivered 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 lien upon the Unit for unpaid assessments which were due as of the date of the request. Section 7.10 Working Fund. The Association or Declarant may require each initial Unit Owner (other than Declarant) to make a non-refundable payment to the Association in an amount equal to twenty-five percent (25%) of the annual Common Expense assessment against that Unit in effect at the initial closing thereof, which sum shall be held, without interest, by the Association as a working fund. Said working fund shall be collected and transferred to the Association at the time of closing of the initial sale by Declarant of each Unit, as aforesaid, and shall be maintained for the use and benefit of the Association. Such payment shall not relieve a Unit Owner from making regular payments of assessments as the same become due. Upon the transfer of an Owner's Unit, such Owner shall be entitled to a credit from transferee of the Unit for any unused portion of the aforesaid working fund. This account may be updated annually as of December 31 st, and notice shall be given to all Unit Owners whose individual account does not equal twenty-five percent (25%) of the current annual assessment. Payment of any shortage shall be due with the next regular assessment payment, following written notice. ARTICLE VIII Use and Other Restrictions Section 8.1 Use of Units C and D. No Unit shall be occupied for living or sleeping purposes by more persons than the Unit was designed to safely accommodate. Units shall be used and occupied primarily for a residence and secondarily for a home office if the home office complies with the following criteria: (i) no goods or merchandise may be produced, stored, displayed or sold as a part of the business conducted at the home office; (ii) only one other person not a resident in the Unit may be employed or associated with the business conducted at the home office; (iii) no separate entrance to the home office shall be permitted; (iv) no signs identifying the home office shall be permitted; and (v) such use complies with the land use regulation of the City of Aspen Colorado. Section 8.2 Ownership of Units C and D. Units C and D shall be owned, sold, conveyed, leased and occupied under the rules, regulations, requirements and guidelines of APCHA and the provisions of the Subdivision Agreement for 306 S. Garmisch Tewahemes-Condominiums Subdivision recorded as Reception No. 6468.8-2516082 of the Records of Pitkin County, Colorado ("SIA"). Pursuant to the SIA, Units C and D shall be owned initially by the Association. Section 8.3 Control of Units C and D. Subject always to compliance with the SIA and the rules and regulations of APCHA the Owner of Unit A shall have control over Unit D and the Owner of Unit B shall have control over Unit C. The term "control" herein shall mean the right to make all decisions relating to the Affordable Housing Unit, including without limitation the decision of who shall be the tenant of the Affordable Housing Unit. and the right to receive all rental and sales income from the Affordable Housing Unit over which the right to select the tenant of the Affordable Housing Unit over 11, hich control is exercised; and conversely, the free market Unit Owner having such control shall be responsible for all costs and expenses associated with the Affordable Housing Unit which such Owner controls<-flfuln the event the Association or any Unit Owner receives verbal or written notice from the APCHA ("Default Notice") of any default relating to either Affordable Housing Unit in the Project under APCHA's housing guidelines, such Default Notice shall be forwarded within 48 hours to the non-defaulting free market Unit Owner ("Non-Defaulting Unit Owner"). Note that a default by an Affordable Housing Unit shall be imputed to the controlling Free Market Unit and its Owner, and the default must be cured within 30 days by and at the expense of the defaulting Unit Owner ("Defaulting Unit Owner"):44. In the event the default is not cured within such 30-day period, then the Non-Defaulting Unit Owner shall have the right at anv time until such default shall have been cured bv the Defaulting Unit Owner to cure such default and be reimbursed by the Defaulting Unit Owner for any and all expenses related to such cure; (iii) In the event the default under the Default Notice continues uncured for more than 90 days (the "Cure Expiration Date") or there are more than two (2) Default Notices for the same Affordable Housing Unit within a calendar year, then the Non Defaulting Unit Owner shall have the right to take control over the defaulting Affordable Housing Unit for the period of one calendar year following the Cure Expiration Date or the date of the second Default Notice, whichever is applicable, as may be applicable, including the right to receive all rental income from the Affordable Housing Unit for which the Default Notice was issued and the Defaulting Unit Owner shall remain responsible for all costs and expenses of such affordable Housing Unit during such prâ€¢rinrl. including. without limitation anv reasonable attorneys fees incurred with respect to curing such default. Section 8.4 Use of Parking Spaces. The Association shall from time to time adopt reasonable rules governing the use of the o ff-street parking spaces. There are two (2) off-street parking spaces allocated to the Units C and D. All parking for Units A and B is to be within the two car garage forming a part of each Unit A and B. Section 8.5 Maintenance of Units. Each Unit at all times shall be kept in a clean, sightly and wholesome condition. No trash, litter, junk, machinery, lumber or other building materials shall be permitted to remain exposed in any Unit so that the same are visible from any neighboring Unit or any street. Declarant, its agents and assigns and the Association and its agents, shall have the authority to enter and clean up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereofall reasonable costs related thereto. Section 8.6 Restrictions on Animals and Pets. No more than two (2) pets (either dogs or cats or any combination thereof) shall be allowed in each of the Free Market Units; provided, however, dogs shall not be allowed to bark so as to constitute a nuisance to other Owners; may not be tied up, kept or allowed unattended on decks or any other Common Elements and shall be subject to such further rules as the Association may from time to time promulgate. No other animals shall be raised, bred, kept or regularly brought to the Common Interest Community (including, without limitations, any birds, fish or other household pets) except for those animals (if any) permitted under the provisions ofthe rules of the Association and except for animals which are trained to and are in fact assisting persons with disabilities. Notwithstanding the preceding pets shall not be allowed in Units C and D. In addition, renters of the Units shall be prohibited from having any pets. Section 8.7 Zoning, Nuisances, Hazards. No Unit within the Common Interest Community shall be used for any purpose other than as allowed by the local zoning codes. No nuisance shall be permitted within the Common Interest Community, nor any use, activity or practice which is a source of unreasonable annoyance or embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or Common Element, or any portion of the Common Interest Community by Unit Owners. Further, no unsafe, hazardous, offensive, or unlawful use shall be permitted within the Common Interest Community or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction over the Common Interest Community or a portion thereof shall be observed. Section 8.8 Compliance with Insurance Requirements. Except as may be approved in writing by the Executive Board, nothing shall be done or kept on the Common Interest Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 8.9 Restriction on Signs and Advertising Devices. No signs (which term shall include posters, billboards and advertising devices) of any kind shall be erected or maintained anywhere within the Common Interest Community except such sign or signs as may be approved in writing by the Executive Board. Section 8.10 Restrictions on Floor Loads. No Owner of a Unit may place a load on any floor which exceeds the floor load for which the floor was designed to support. No Owners of a Unit shall install, operate or maintain any item of heavy equipment or make any other installation, except in a manner designed to achieve a proper distribution of weight. Section 8.11 Leasing of Units. Any Unit Owner shall have the right to lease such Owner's Unit (subject to the limitations imposed by the APCHA in the case of Units C and D) upon such terms and conditions as such Unit Owner may deem advisable, subject to the following: (a) Every lease or rental agreement shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Bylaws of the Association and the Articles of Incorporation and the rules and regulations of the Association and shall state that the failure of the tenant or renter or guest to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the rules and regulations of the Association shall constitute a default of such lease or rental agreement and such default may be remedied by the Association which remedy may include eviction. Notwithstanding the foregoing requirements, short term rentals (i.e., not to exceed fourteen (14) days) need not be in writing but shall nevertheless remain subject to the terms of the Declaration, the Bylaws of the Association and the Articles of Incorporation and rules and regulations of the Association. Section 8.12 No Rights of First Refusal. The rights of a Unit Owner to lease, sell, transfer or otherwise convey its Unit shall not be subject to any right of first refusal or similar restriction and such Unit may be sold free of any such restrictions. Section 8.13 No Restrictions on Mortgaging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Units. There is no requirement for the use of a specific lending institution or particular type of lender. Section 8.14 No Time Shares. No Unit shall be submitted to or conveyed pursuant to a timesharing or interval ownership arrangement. Section 8.15 Rules and Regulations. Consistent with and in furtherance of the intent, purposes and provisions of this Declaration governing the Common Interest Community rules and regulations may be adopted, amended, or repealed from time to time by the Executive Board. All rules adopted by the Association shall be reasonable and uniformly applied; and, in the case of Units C and D in accordance with APCHA requirements. The Executive Board may also establish and enforce penalties and fines for the infraction thereof which fines shall be collectable as assessments in the manner provided in Article VII above. ARTICLE IX Design Review Section 9.1 Required Approvals. No structural improvements to the interior of a Unit or any structure or any attachment to the exterior o f the buildings or to other existing structure, shall be constructed, erected, placed or installed within the Common Interest Community, including but not limited to, a change in painting and/or staining of exterior siding, unless complete plans and specifications thereto (said plans and specifications to show design, materials, color, location, as well as such other information as may be required) shall have been first submitted to and approved in writing by the Executive Board. The approval or consent of the Executive Board on matters properly coming before it shall not be unreasonably withheld or delayed, and actions taken shall not be arbitrary or capricious and decisions shall be conclusive and binding on all interested parties. Upon its review of any plans, specifications or submittals, the Executive Board may require that the applicant(s) reimburse the Association for actual expense incurred by it in its review and approval process. The Executive Board shall not refuse to permit any Unit Owner to make reasonable modifications to such Owner's Unit or to any Limited Common Element which the Unit Owner has the right to use, if such modifications are necessary under the Americans with Disabilities Act. Section 9.2 Periods of Restricted Construction. No major remodeling, renovations or other substantial construction work may commence, occur or be carried out in the Units during the period beginning December 1 and ending April 1 or between July 1 and Labor Day o f each year unless the written consent of the Owners of the other Units (i.e., the Units that are not the subject of such remodeling, construction or renovations) is first obtained. Nothing herein shall prevent any emergency or other repairs or routine maintenance or cleaning being made or performed at any time. Section 9.3 Variances. The Executive Board may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Declaration in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Declaration. Such variances or adjustments shall be granted only when the granting thereof shall not be materially detrimental or injurious to the other Units or Common Elements nor deviate substantially from the general intent and purpose of this Declaration. Section 9.4 Waivers. The approval or consent of the Executive Board to any application for design approval shall not be deemed to constitute a waiver of any right to deny approval or consent as to any application on other matters subsequently or additionally submitted for approval or consent. Section 9.5 Liability. Neither the Association nor the Executive Board nor any members thereof, nor any representative o f any committee designated to act on its behalf, shall be liable for damages to any person submitting requests for approval for any failure to approve or disapprove any matter within its jurisdiction under this Declaration. Section 9.6 Records. The Executive Board shall maintain written records of all applications submitted to it and of all actions taken by it with respect thereto, such records shall be open and available for Inspection by any interested party during normal business hours. Section 9.7 Enforcement. Enforcement of the provisions of this Article IX, may be by any proceeding at law or in equity against any person or persons violating or attempting to violate any such provision. The Association and any interested Unit Owner shall have the right, but not the obligation, to institute, maintain and prosecute any such proceedings. In any action instituted or maintained under this Article, the Association shall be entitled to recover its costs and reasonable attorney's fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. Failure of the Association or any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE X Insurance Section 10.1 Insurance Carried. The Association shall obtain and maintain in full force and effect to the extent reasonably available, and at all times, the insurance coverage set forth herein and as set forth in the Act, which insurance coverage shall be provided by financially responsible and able insurance companies duly authorized to do business in the State of Colorado. Commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, the Association shall maintain, to the extent reasonably available, policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of a Unit Owner and shall provide that such policies may not, unless otherwise provided by statute, be canceled or not renewed without at least thirty (30) days prior written notice to all of the Unit Owners, holders of first lien security interests and the Association. (b) If requested, duplicate originals of all policies and renewals thereof or certificates or memoranda o f insurance, together with proof of payments of premiums, shall be delivered to any Unit Owner or holder of a first lien security interests. (c) All liability insurance shall be carried in blanket form covering Declarant, the Association, the Executive Board, the managing agent, if any, and their respective employees, agents and all persons acting as agents. (d) Prior to obtaining any po licy o f property insurance or renewal thereof, pursuant to the provisions hereof, the Executive Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation and shall review any increases in the cost of living, and/or consider other factors for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof The total amount of property insurance must not be less than full insurable replacement cost (at the time of purchase of insurance and at each renewal date) less applicable deductions exclusive of land, excavations, foundations and other items normally excluded. (e) Unit Owners may carry and are advised to carry other insurance for their benefit and at their expense, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such additional insurance carried by Unit Owners and provided, further, that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, Declarant discloses that the Association's insurance coverage, as specified hereunder and under the Act, does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance obtained by the Association shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest o f any particular Unit Owner guilty o f a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permit or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured Unit Owners not guilty o f any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Section 10.2 Property Insurance on the Units and Common Elements. The Association shall obtain adequate property insurance covering loss, damage or destruction by fire or other casualty to the Units, to the Common Elements and the other property of the Association. The insurance obtained by the Association is not required to include improvements and betterments installed by Unit Owners. If coverage purchased by the Association includes improvements and betterments installed by Unit Owners, the cost thereof shall be assessed to each Unit in proportion to risk. All policies shall contain a standard non-contributory mortgage clause in favor of each holder of first lien security interests, and their successors and assigns, which shall provide that the loss, if any thereunder, shall be payable to the Association for the use and benefit of such holders of first lien security interests, and their successors and assigns, as their interests may appear of record in the records of the office o f the Clerk and Recorder of the County o f Pitkin, Colorado. Section 10.3 Liability Insurance. The Association shall obtain adequate comprehensive policy o f public liability insurance against claims and liabilities arising in connection with the ownership, existence, use and management of the Common Elements, in such limits as the Executive Board may from time to time determine, but not in any event less than One Million Dollars ($1,000,000.00) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. All liability insurance shall name the Association as the insured. Section 10.4 Fidelity Insurance. The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, Executive Board members, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause "officers, Executive Board members, trustees and employees" shall not include any officer, Executive Board member, agent or employee of any independent, professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in control o f the Association, its officers, Executive Board members, trustees and employees. Section 10.5 Worker's Compensation and Emplover's Liabilitv Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 10.6 Officers' and Directors' Personal Liability Insurance. The Association may obtain officers' and Executive Board members' personal liability insurance to protect the officers and Executive Board members from personal liability in relation to their duties and responsibilities in acting as officers and Executive Board members on behalf of the Association. Neither the term "officers" nor the term "Executive Board member" shall include any officer, Executive Board member, agent or employee of any independent professional manager or managing agent heretofore or hereafter employed by the Association. Section 10.7 Other Insurance. The Association may obtain endorsements to policies or additional insurance against such other risks, o f similar or dissimilar nature, as it shall deem appropriate with respect to the Association responsibilities and duties. Section 10.8 Insurance Premium. Except as assessed in proportion to risk as permitted under the terms of this Declaration, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual Common Expense assessments levied by the Association. Section 10.9 Managing Agent Insurance. The manager or managing agent, engaged by the Executive Board, if any, shall be insured to the same extent as the Association, as herein provided, and as provided in the Act, for the benefit of the Association, and shall maintain and submit evidence of such coverage to the Association. Section 10.10 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another, the Executive Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach o f any agreement by said person. Section 10.11 Annual Insurance Review. The Executive Board shall review the insurance carried by and on behalf o f the Association at least annually for the purpose o f determining the amount of insurance required. Section 10.12 Adiustments bv the Association. Any loss covered by an insurance policy described above shall be adjusted with the Association, and the insurance proceeds for that loss shall be payable to the Association, and not to any holder of a first lien security interests. The Association shall hold any insurance proceeds in trust for the Association, Unit Owners and holders of first lien security interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Unit Owners and holders of first lien security interests are not entitled to receive payment of any portion of the proceed unless there is a surplus o f proceeds after the damaged property has been completely repaired or restored. Section 10.13 Duty to Repair. Any portion of the Common Interest Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association, except as provided in the Act. ARTICLE Xl Special Rights of Holders of First Lien Security Interests Section 11.1 General Provisions. The provisions of this Article are for the benefit of all beneficiaries or holders of first lien security interests recorded within the Common Interest Community. To the extent applicable, necessary or proper, the provisions of this Article XI apply to both this Declaration and to the Articles and Bylaws of the Association. A holder or beneficiary of a first lien security interest who has delivered a written request to the Association containing its name, address and the legal description and the address of the Unit upon which its holds a security interest, shall be entitled to: (a) receive timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the rules and regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c) receive a copy o f financial statements of the Association; (d) receive written notice of all meetings of the Executive Board or Members of the Association; (e) designate a representative to attend any such meetings; and (f) receive written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association. ARTICLE XII Enforcement Section 12.1 Enforcement. The Association or a Unit Owner or Unit Owners of any of the Units may enforce the restrictions, conditions, covenants and reservations imposed by the provisions of this Declaration by proceedings at law or in equity against any person or persons, either to recover damages for such violation, including reasonable attorney's fees incurred in enforcing these covenants, or to restrain such violation or attempted violation. Failure of the Association or of any Unit Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. ARTICLE XIII Amendments Section 13.1 Amendment to Declaration or Map. Except in the case of amendments that may be executed by Declarant or the Association as allowed by the Act or as provided below, this Declaration, including the Map, may be amended only by the vote or agreement ofOwners ofUnits owning sixty-seven percent (67%) ofthe Allocated Interests. Every amendment to the Declaration must be: (i) recorded in the real estate records of Pitkin County, Colorado and is effective only upon recordation; (ii) indexed in the grantee's index in the name of the Common Interest Community and the Association and in the grantor's index in the name of each person executing the Amendment. Except to the extent expressly permitted or required by the Act, no amendment may create or increase the number of Units, or change the boundaries of any Unit or the Allocated Interests of a Unit, or the uses to which any Unit is restricted, in the absence of unanimous consent of the Unit Owners. Amendments to this Declaration shall be prepared, executed, recorded, and certified on behalf o f the Association by any o fficer o f the Association designated for that purpose or, in the absence of designation, by the President of the Association. All expenses associated with preparing and recording an Amendment to the Declaration shall be the sole responsibility of the Association, except as may otherwise be provided in the Act. ARTICLE XIV Restoration and Termination Section 14.1 Restoration. If at any time all Owners and all holders of first lien security interests shall agree that the Common Interest Community has become obsolete and shall approve a plan for its renovation or restoration, the Association shall promptly cause such renovation or restoration to be made according to such plan. All Owners shall be bound by the terms of such plan and the costs of the work shall be a Common Expense. Section 14.2 Termination. If at any time an agreement to terminate the Common Interest Community is obtained from sixty-six and two-thirds percent (66 2/3%) of the Allocated Interests of the Owners and all holders of first lien security interests in accordance with the provisions o f the Act, the Association shall promptly undertake the actions required of the Association under the provisions of the Act. Upon completion of such actions by the Association, this Declaration shall automatically terminate without any further action. ARTICLE XV Condemnation Section 15.1 Appointment of Association as Attorney-In-Fact. Each Owner, on such Owner's behalf and on behalf of such Owner's heirs, devisees, legal representatives, successors and assigns, does irrevocably constitute and appoint the Association with full power of substitution, as such Owner' s true and lawful attorney in-fact such Owner's name, place and stead to deal with such Owner's Interest in such Owner's Unit upon condemnation of such Owner's Unit with full power, right and authorization to execute, acknowledge and deliver any contract, deed or other document affecting the interest of such Owner, and to take any other action which the Association may consider necessary or advisable to give effect to the provisions of this Section 15.1. If requested to do so by the Association, each Owner shall execute and deliver a written instrument confirming such appointment. The action of the Association in settling any condemnation claim shall be final and binding on all Owners. Section 15.2 Entire Taking. I f the entire Common Interest Community is taken under any statute, by right of eminent domain, or by purchase in lieu thereof, or if any part of the Common Interest Community is taken and the part remaining may not practically or lawfully be used for any purpose permitted by this Declaration, the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking and shall sell the part of the Real Estate remaining after the taking, i f any, free and clear of the provisions of this Declaration which shall automatically terminate upon the recording of a notice by the Association setting forth all o f such facts without any further action. The award and the proceeds of such sale, if any, shall be distributed by the Association in the manner provided in the Act. Section 15.3 Partial Taking. If a taking occurs other than a taking specified in Section 15.2 hereof, then the Association (as attorney-in-fact for the Owners) shall collect the award made in such taking, shall promptly cause the portion o f the Common interest Community not so taken to be restored as nearly as possible to its condition prior to the taking, and shall prepare, execute and record an amendment to the Declaration which confirms any reallocation of the Allocated Interests made pursuant to the provisions of the Act. The costs of such restoration shall be a Common Expense payable by the Owners in accordance with respective Allocated Interests after any reallocation referred to in the preceding sentence. The award paid to the Association as a result of any such taking shall be disbursed by the Association as follows: (a) If a Unit is taken, the portion of such award attributable to such Unit shall be disbursed to the Owner of such Unit or the lienholders with respect to such Unit, as their interests may appear; and (b) Any portion of such award not disbursed pursuant to the provisions of Section 15.3(a) hereof shall be disbursed to the Owner of each Unit or the lienholders with respect to such Unit, as their interests may appear, in accordance with the reallocation of such Allocated Interests as referred to in Section 15.3 above. ARTICLE XVI Miscellaneous Section 16.1 Severability. Each of the provisions of this Declaration shall be deerned independent and severable. If any provision of this Declaration or the application thereo f to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Declaration which can be given effect without the invalid provisions or applications. Section 16.2 Term o f Declaration. This Declaration shall continue and remain in full force and effect in perpetuity as the same may be amended from time to time in accordance with the provisions of Article XIII, unless this Declaration be terminated in accordance with the Act. Section 16.3 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 16.4 Captions. All captions and titles used in this Declaration are intended solely for convenience of reference and shall not enlarge, limit or otherwise affect that which is set forth in any paragraph, section or article hereof. Section 16.5 Colorado Law. The interpretation, enforcement and any other matters relative to this Declaration shall be construed and determined in accordance with the laws of the State of Colorado. Section 16.6 Disclaimer. Unless otherwise provided by the Act, 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 this Common Interest Community, 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. Section 16.7 Limited Liability. A Executive Board Member or an officer of the Association shall not be liable for actions taken or omissions made in the performance of his or her duties except for wanton and willful acts and except for acts specified in Â§7-24- 111 of the Colorado Revised Statutes. Unless otherwise required by the Act, Declarant and any agent or employee of Declarant shall not be liable to any party for any action or for any failure to act with respect to any matter arising in connection with the Declaration if the action taken or failure to act was in good faith and without malice. Section 16.8 Conflicts with Act Articles, Bviaws or Rules of Association. In the event of any conflict or inconsistency between provisions of this Declaration the mandatory provisions of the Act shall govern and as between the Articles, Bylaws or Rules and Regulations o f the Association, the provision o f this Declaration shall govern and control, and then the Articles, Bylaws and Rules and Regulations in that order. Section 16.9 Covenants Running with the Land. Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of the Declaration shall be deemed a covenant running with the land as a burden with and upon the title to each Unit for the benefit of all the Real Estate. Section 16.10 Matters of Record. Matters of Record affecting the Real Estate are set forth on Exhibit "A" attached hereto. IN WITNESS WHEREOF, the Declarant has signed this Declaration this day of ,2007. DECLARANT: 306 S. GARMISCH, LLC, a Colorado limited liability company By: John R. Provine, Manager STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) The foregoing Condominium Declaration for the 306 S. Garmisch Townhomes Condominiums was acknowledged before me on this day of ,2007, by John R. Provine as Manager for 306 S. Garmisch, LLC, a Colorado limited liability connpany. WITNESS my hand and official seal My commission expires: Notary Public EXHIBIT A Matters of Record EXHIBIT B Table of Interests Square Percentage Percentage Votes in Footage Share of Share of Affairs of of Units Ownership in Common Association [net floor the Common Interest area Elements Expenses Unit Unit Type calc] A Free 4051 37% 37% 37% Market Residential B Free 4656 43% 43% 43% Market Residential C Affordable 1064 10% 10% 10% Housing Residential D Affordable 1159 10% 10% 10% Housing Residential Totals 10,930 100% 100% 100% C:\LMO Data & Forms\Data\Clients\Provine\306 S Garmisch Development Docs Subdivision\Condo declaration final 5 16 07.doe Document comparison by Workshare Professional on Monday, June 04,2007 4:40:30 PM Input: Document 1 ID interwoven S ite://192.168.12.2/i Ma nage/188579/1 Description #188579vl <iManage> - Garmisch/Declaration/June Document 2 ID interwoven S ite://192.168.12.2/i Manage/188579/2 Description #188579v2<iManage> - Garmisch/Declaration/June Rendering set standard Legend: Insertion Deletien Moved from Aloved to Style change Forrnat change tit,Â·9â‚¬+1-tlekÂ·Â·Â·1*+14 Inserted cell Deleted cell Moved cell SpliUMerged cell Padding cell Statistics: Count Insertions 9 Deletions 8 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 19