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Home My WebLink AboutLand Use Case.620 E Hopkins Ave.0020.2010.ASLU0020.2010.ASLU 620 E. Hopkins Ave ~ AT&T WIRELESS TELECOMM 273707332801 ... le.AW Utth 01 1/6 1 R 7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0020.2010.ASLU -1131- 01- 33 0%01 PARCEL ID NUMBER - -~zz;: PROJECTS ADDRESS 620 E. HOPKINS AVE PLANNER SARA ADAMS CASE DESCRIPTION AT & T WIRELESS REPRESENTATIVE BRADJOHNSON DATE OF FINAL ACTION 6.1.10 CLOSED BY ANGELA SCOREY ON: 6.10.10 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 ASPEN LAND USE CODE ADDRESS OF PROPERTY: 620 5 - 0/*h,~s Â»02- , Aspen, CO STATE OF COLORADO ) ) SS. County of Pitkin ) 1, (name, please print) Â»~ 7-&6 10,t~ being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that I have complied with the public notice requirements of Section 26.304.060 (E) or Section 26.306.010 (E) of the Aspen Land Use Code in the following manner: ~ Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fourteen (14) days after final approval of a site specific development plan. A copy ofthe publication is attached hereto. Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen no later than fifteen (15) days after an Interpretation has been rendered. A copy of the publication is attached hereto. 1 -66Â»-1 Signature The foregoing "Affidavit of Notice" was acknowledged before me this (Â¥day O 1 4Â£2_ , 20DQ-,by /4 . Sc CN-â‚¬-067 / WITNESS MY HAND AND OFFICIAL SEAL .'4 Â·Â» PUBLIC NOTICE Of DEVELOPMENT APPROVAL Notice is hereb>.given to the general public of the approval of a site-specific development plan, and the creation of a vested property right pursuant to My commission expires: 2, ~ 1 61 la-- the Land Use Code of the City of Aspen and Title 24, Article 68. Colorado Revised Statutes, pertain- ing to the following described property:, Parcel ID # 2737-073-32-801; 2737-073-32-021 through fl,i~ 44.2 924-12 2Â»974-~ 2737-073-32-033, legally described as 620 East Hopkins Avenue, Lot P and 1/6 of Lot 0, Block 98, 1 Notary Public Totems Condominium, City of Aspen, Pitkin Coun- ty, Colorado. The administrative approval is to re- place the existing 14 wireless antenna panels on the rooftop with 6 new wireless antenna panels. The changes are depicted in the land use applica- lion on file with the City of Aspen. For further in- formation contact Sara Adams at the City of Aspen ATTACHMENTS: Community Development Dept, 130 S. Galena St. . Aspen, Colorado. (970) 429-2778. City of Aspen Published in The Aspen Times Week/y on June 13, COPY OF THE PUBLICATION 2010.[5143167] ~3,11~ 21370-1332%01 0020 Â· Zo Co. 41 64 Elle Edit Record Navigate Fgrm Reporis Format Iab Help ~ i @ @ .>< . ,/ -Â·b g li lk] 6 _j <Z d- I i ]4 4 / >] Tj -1 9& lump ~FI~ ..0 Ii OIG I i, 14~CNNA i 3 â‚¬] Â£ 3 3 3 *liU ..3 9 4 :1 9 / Routing Status I Fees I Fee Summari ~ain~ Actions | Attachments | Routing Mistory | Valuation | Arch/Eng | Custom Fields | Sub Eermits 1 k Nrmit type =lu ' ~sperl Land Use Permit # 0020 2010ASLU 7 ~ ~ Address 620 E HOPKINS AVE Â·Â·Â· Apt/Suite - I City ASPEN State CO v | Zip 81611 ... Permit Information Master permit Â·Â·Â· Routing queue =Iu07 Applied ~438151 Project Â·Â·Â· 5tatl15 )en* : 1 01...... 6 4 r . Approved â„¢ Description REMOVE ALL 13 EXISTING ROOFTOP MOUNTED ANTENNAS AND REPLACE THEM Issued .*Il Â¢VITH 6 NEW ANTENNAS. Fhal --lr- Submitted BRAD JOHNSON Clock ~*1Days f--11 Expires 5/9/2011 v lai?#79 Submitted via V. ''t 6~ Owner ~ Last name AT&T VWRELESS PCS, LLC Â·Â·Â· First name ~ 188 INVERNESS DR 400 Phone 003) 643-3616 Address '~ Applicant Il Owner is applicant? O Contractor is applicant? Last name BLACK & VEATCH Â·Â·Â· First name |BRAD JOHNSON ~~ ;300 S SYRAUSEWAY 1~* Phone ~0) 229-4681 ~ Cust # 28800 Â·Â·Â· Address ~ t ~; Lender Last name Â·Â·Â· First name t' Phone () - Address i - i- Disples thepermit lender'saddress . 'AspenGold5 (server} Mangelas Edit 1 Oil ,:E dc 4% 3501796 2, CkÂ·kaL Cor14 *nova, 1 7 35,0 cp~ pbowlt %4 , U * 1-1601 60+ ackÂ°gp 0- ~j I ~ON '10!nol[ -0011[ scino,8 qell ~1!~ DEVELOPMENT ORDER City of Aspen Community Development Department This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.070, "Development Orders ', and Section 26.308.010, "Vested Property Rights", of the City of Aspen Municipal Code. This Order allows development of a site-specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three (3) -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless the change is accomplished or a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date ofthis Order. This Development Order is associated with the property noted below for the site-specific development plan as described below. Property Owner's Name, Mailing Address and telephone number: Stewart Title Company, attn: Sandy Capell, 620 East Hopkins Ave., Aspen, CO (970) 390- 4383 Legal Description and Street Address of Subiect Property: 620 East Hopkins Avenue, Lot P and '/2 of Lot O, Block 98, Totems Condominium, Aspen, Colorado. Written Description of the Site Specific Plan and/or Attachment Describing Plan: Approval is granted to replace 14 existing panel antennas on the rooftop of the building located at 620 E. Hopkins Ave. with 6 new antennas in the same location, as represented in the application. 24 tower mounted amplifiers and new coaxial cables are approved as described in the application. Land Use Approval Received and Dates: Administrative approval granted June 2,2010. Effective Date of Development Order: June 13,2010. (Same as date of publication of notice of approval.) Expiration Date of Development Order: June 13,2013. (The extension, reinstatement. exemption from expiration and revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.) Issued this 2nd day of Jilne 2010, by the City of Aspen Community Development Director. Of w*f Chrislfendon Community Development Director City of Aspen NOTICE OF APPROVAL For an Administrative Approval for the replacement of Wireless Telecommunication Equipment on the roof the building located at 620 East Hopkins Avenue. Parcel ID Nos.: 2737-073-32-801; 2737-073-32-021 thru 2737-073-32-033 APPLICANT: AT&I 188 Inverness Drive West, Suite 400 Englewood, CO 80111 REPRESENTATIVE: Black & Veatch Corp. 6300 S. Syracuse Way, Suite 300 Centennial, CO 80111 Attn: Brad Johnson (303-229-4681 mobile) SUBJECT & SITE OF REVIEW: 620 East Hopkins Avenue, Aspen. CO ZONE DISTRICT: C-1, Commercial Zone District SUMMARY: AT&'1' requests approval to upgrade their existing antennas to 'ensure that adequate and uninterrupted service is maintained at all times per their License Agreement with the Federal Communications Commission as well as provide...new and faster voice and data services." The applicant, with consent of the property owner, requests approval to remove the existing 14 antenna panels and to replace them with 6 new antennas in the same location on the rooftop of 620 East Hopkins Avenue. 24 tower mounted amplifiers are proposed to be mounted behind the new antennas and will not be visible. Coaxial cables are proposed to run through the existing coax chase that runs down the east elevation, and new interior equipment is proposed for the existing interior equipment room. 1 he proposed new antennas are approximately 64" tall by 32" wide. The total height measured from existing grade to the top of the proposed new antennas is 53' 6." 1 here is no change is height between existing condition and the proposed new antennas: however the proposed height is 2' 6" over the maximum height for panel antennas. STAFF EVALUATION: Staff determined, pursuant to I.and Use Code Section 26.575.130.F.2 that painting the antenna panels to match the building suitably camouflages them. Staff finds that the review criteria. attached as Exhibit A, are met and recommends approval of the proposed 6 antennas. 24 tower mounted amplifiers and coaxial cables with conditions. Page 1 of 2 DECISION: The Community Development Director finds the Administrative Application for Wireless Telecommunication Equipment to be consistent with the review criteria (Exhibit A) and thereby. APPROVES the request with the following conditions: 1. The application complies with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency transmissions. 2. The antennas will be painted to match the existing building and existing antennas. 3. Any lighting or signage required by the FAA, FCC or other federal entity associated with the new antennas or equipment requires review and approval by the Community Development Department to confirm compliance with local regulations. 4. A structural report to determine structural capacity of the building to carry the proposed new coax and antennas is required to be submitted to the Building Department at the time of building permit application submittal. APPRQVED BY: GMAL /4 1010 Chris Bendon, Date Community Development Director Attachments: Exhibit A: Review Criteria Exhibit B: Application Page 2 of 2 Exhibit A - Review Criteria Section 26.575.130.F Review Standards The following standards are designed to foster the City's safety and aesthetic interests without imposing unreasonable limitations on wireless telecommunication services facilities and equipment.: 1. Setbacks. At a minimum, all wireless telecommunication services facilities and equipment shall comply with the minimum setback requirements of the underlying zone district; if the following requirements are more restrictive than those of the underlying zone district, the more restrictive standard shall apply. a. All facilities shall be located at least fifty (50) feet from any property lines, except when roof-mounted (above the eave line of a building). Flat-roof mounted facilities visible from ground level within one-hundred (100) feet of said property shall be concealed to the extent possible within a compatible architectural element, such as a chimney or ventilation pipe or behind architectural skirting of the type generally used to conceal HVAC equipment. Pitched-roof-mounted facilities shall always be concealed within a compatible architectural element, such as chimneys or ventilation pipes. b. Monopole towers shall be set back from any residentially zoned properties a distance of at least three (3) times the monopole's height (i.e., a sixty (60) foot setback would be required for a twenty (20) foot monopole) and the setback from any public road, as measured from the right-of-way line, shall be at least equal to the height of the monopole. c. No wireless communication facility may be established within one-hundred (100) feet of any existing, legally established wireless communication facility except when located on the same building or structure. d. No portion of any antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area, but may be attached to the building. Staff Finding Statifinds this criterion to be met. The roof mounted equipment proposed to replace the existing equipment will be in the same location. The new equipment will be painted to match the building for camouflage. 2. Height. The following restrictions shall apply: Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page lof 6 a. Wireless telecommunication services facilities and/or equipment not attached to a building shall not exceed thirty-five (35) feet in height or the maximum permissible height o f the given Zone District, whichever is more restrictive. b. Whenever a wireless telecommunication services antenna is attached to a building roof, the antenna and support system for panel antennas shall not exceed five (5) feet above the highest portion of that roof, including parapet walls and the antenna and support system for whip antennas shall not exceed ten (10) feet above the highest portion of that roof, including parapet walls. c. The Community Development Director may approve a taller antenna height than stipulated in b, above if it is his or her determination that it is suitably camouflaged. in which case an administrative approval may be granted. d. If the Community Development Director determines that an antenna taller than stipulated in b. above cannot be suitably camouflaged, then the additional height of the antenna shall be reviewed pursuant to the process and standards (in addition to the standards of this Section) of Chapter 26.430 (Special review). e. Support and/or switching equipment shall be located inside the building, unless it can be fully screened from view as provided in the "Screening" standards (26.475.130 and 26.575.130.F.5) below. Staff Finding As per Section b above, the total height permitted for the panel antennas is 51' (46' tall building + 5' allowablefor panel antennas.) The total height for the proposed antennas is 53 ' 6"as measured from existing grade to the top ofantennas. Staff determined that painting the proposed antennas to match the building will serve as a suitable camouflage to allow the height to be 53'67 The existing panels proposed.for replacement are 53'6"above grade, so there is no change in the height ofthe wireless equipment. Stafffinds this criterion to be met. 3. Architectural compatibility. Whether manned or unmanned, wireless telecommunication services facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form. scale, mass, color, texture and character. In addition: a. If such facility is accessory to an existing use. the facility shall be constructed out of materials that are equal to or of better quality than the materials of the principal use. b. Wireless telecommunication services equipment shall be of the same color as the building or structure to which or on which such equipment is mounted or as required by the appropriate decision-making authority (Community Development Director. Ilistoric Preservation Commission, Planning and Zoning Commission or City Council, as applicable). Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 2 0 f 6 c. Whenever wireless telecommunication services equipment is mounted to the wall ofa building or structure, the equipment shall be mounted in a configuration designed to blend with and be architecturally integrated into a building or other concealing structure, be as flush to the wall as technically possible and shall not project above the wall on which it is mounted. d. Monopole support buildings, which house cellular switching devices and/or other equipment related to the use, operation or maintenance of the subject monopole, must be designed to match the architecture of adjacent buildings. If no recent and/or reasonable architectural theme is present, the Community Development Director may require a particular design that is deemed to be suitable to the subject location. e. All utilities associated with wireless communication facilities or equipment shall be underground (also see "Screening" below). Staff Finding The applicant proposes to paint the new panel antennas to match the building, which is the current condition of the equipment proposed for replacement. Staff finds this criterion to be met. 4. Compatibility with the natural environment. Wireless telecommunication services facilities and equipment shall be compatible with the surrounding natural environment considering land forms, topography and other natural features and shall not dominate the landscape or present a dominant silhouette on a ridge line. in addition: a. If a location at or near a mountain ridge line is selected, the applicant shall provide computerized, three-dimensional, visual simulations of the facility or equipment and other appropriate graphics to demonstrate the visual impact on the view of the affected ridges or ridge lines; an 8040 Greenline Review, pursuant to the provisions of Section 26.435.030, may also be required. b. Site disturbances shall be minimized and existing vegetation shall be preserved or improved to the extent possible, unless it can be demonstrated that such disturbance to vegetation and topography results in less visual impact to the surrounding area. c. Surrounding view planes shall be preserved to the extent possible. d. All wireless telecommunication services facilities and equipment shall comply with the Federal Communication Commission's regulations concerning maximum radio frequency and electromagnetic frequency emissions. Staff Finding: Staff finds this criterion to be met. The panel antennas are proposed to replace existing panels that are located on a rooftop in downtown Aspen. The applicant proposes to Exhibit A 620 E. I-Iopkins Ave. Wireless Telecommunication Application Page 3 of 6 reduce the number of antennas from 14 to 6 larger antennas, which will reduce the already minimal visual impact of the equipment. Stat.r added a condition of approval thal the equipment comply with FCC regulations described in part d above. 5. Screening. Roof-and-ground-mounted wireless telecommunication services facilities and equipment, including accessory equipment, shall be screened from adjacent and nearby public rights-of-way and public or private properties by paint color selection. parapet walls. screen walls. fencing, landscaping and/or berming in a manner compatible with the building's and/or surrounding environment's design, color, materials, texture, land forms and/or topography, as appropriate or applicable. In addition: a. Whenever possible, if monopoles are necessary for the support of antennas, they shall be located near existing utility poles. trees or other similar objects; consist of colors and materials that best blend with their background; and, have no individual antennas or climbing spikes on the pole other than those approved by the appropriate decision- making authority (Community Development Director. Historic Preservation Commission. Planning and Zoning Commission or City Council. as applicable). b. For ground-mounted facilities, landscaping may be required to achieve a total screening effect at the base of such facilities or equipment in order to screen the mechanical characteristics; a heavy emphasis on coniferous plants for year-round screening may be required. Landscaping shall be of a type and variety capable of growing within one (1) year to a landscape screen which satisfactorily obscures the visibility of the facility. c. Unless otherwise expressly approved, all cables for a facility shall be fully concealed from view underground or inside of the screening or monopole structure supporting the antennas; any cables that cannot be buried or otherwise hidden from view shall be painted to match the color o f the building or other existing structure. d. Chain link fencing shall be unacceptable to screen facilities, support structures or accessory and related equipment (including I IVAC or mechanical equipment present on support buildings); fencing material, if used, shall be six (6) feet in height or less and shall consist of wood, masonry, stucco. stone or other acceptable materials that are opaque. e. Notwithstanding the foregoing. the facility shall comply with all additional measures deemed necessary to mitigate the visual impact of the facility. Also, in lieu of these screening standards, the Community Development Director may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls, sign and structural applications, manufactured devices and other features designed to screen, camouflage and buffer antennas, poles and accessory uses. For example, the antenna and supporting structure or monopole may Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 4 0 f 6 be of such design and treated with an architectural material so that it is camouflaged to resemble a tree with a single trunk and branches on its upper part. The plan should accomplish the same degree of screening achieved by meeting the standards outlined above. Staff Finding Tile applicant proposes to paint the new equipment to match the building, which Will reduce visibility. Stafffinds thal this criterion is met. 6. Lighting and signage. In addition to other applicable sections of the code regulating signage or outdoor lighting, the following standards shall apply to wireless telecommunication services facilities and equipment: a. The light source for security lighting shall feature down-directional, sharp cut-off luminaries to direct, control, screen or shade in such a manner as to ensure that there is no spillage of illumination off-site. b. Light fixtures, whether free standing or tower-mounted, shall not exceed twelve (12) feet in height as measured from finished grade. c. The display of any sign or advertising device other than public safety warnings. certifications or other required seals on any wireless communication device or structure is prohibited. d. The telephone numbers to contact in an emergency shall be posted on each facility in conformance with the provisions of Chapter 26.510, Signs, of this 1 itle. Staff Finding: There is no lighting or signage proposed -with this request. Any lighting or signage required by the FAA, FCC or other federal entity will require review and approval by the Community Development Department to confirm compliance with local regulations. Staff finds this criterion is met. 7. Access ways. In addition to ingress and egress requirements of the Building Code, access to and from wireless telecommunication services facilities and equipment shall be regulated as follows: a. No wireless communication device or facility shall be located in a required parking, maneuvering or vehicle/pedestrian circulation area such that it interferes with or in any way impairs, the intent or functionality of the original design. b. The facility must be secured from access by the general public but access for emergency services must be ensured. Access roads must be capable of supporting all potential emergency response vehicles and equipment. Exhibit A 620 E. Hopkins Ave. Wireless Telecommunication Application Page 5 of 6 c. The proposed easements for ingress and egress and for electrical and telephone shall be recorded at the County Clerk and Recorder's Office prior to the issuance of building permits. (Ord. No. 1-2002 Â§ 18; Ord. No. 52-2003. Â§Â§ 14.15) Staff Finding The applicam proposes to replace the existing equipment with updated panel antennas on the roof There are no changes to the existing access ways. Stafffinds this criterion to be met. Exhibit A 620 E. Ilopkins Ave. Wireless Telecommunication Application Page 6 of 6 Sara Adams From: Brad Johnson [brad.johnson.w@gmail.com] Sent: Tuesday, June 01,2010 11:20 AM To: Sara Adams Subject: Re: quick question Correct. The amplifier is a small box the size of a sheet of paper roughly and 4-5 inches thick. They are typically placed behind the antennas and in this case they will be behind the new large antennas and will not be visible what so ever. This is why 1 did not mention them in my project narrative but I appologize for not calling them out. Thanks, Brad On Tue, Jun 1. 2010 at 11:00 AM, Sara Adams <Sara.Adams@ci.aspen.co.us> wrote: Hi Brad. I am working on your application and I noticed that there is a proposal to install 24 tower mounted amplifiers...where will those be located? On the roof or in the equipment space? Thanks! Sara Sara Adams. Senior Planner. c il> (>f ,,spen. 1.30 4411ith (I:,!Cim Xtrect. thtlen. Cy) X 1611 kle. 97 0429.2778 lit..., 4)70 4).2(j..%4.ic) www.aspenhistoriepreservation.com Brad Johnson Planning & Zoning Consultants Inc. 10518 W. Cooper Drive Littleton. CO 80127 1 303-229-4681 mobile brad.johnson.w@gmail.com 2 CE1 BLACK & VEATCH ~ Building a world of differencet City of Aspen - Wireless Telecom (Administrative) - 5/13/10 Verizon Wireless - Antenna Modification- Aspen WIRELESS TELECOM = LETTER OF INTENT Property Owner Applicant Applicant's Representative William Simpson AT&T Black & Veatch Corp. 856 Washington Street 188 Inverness Drive West, Suite 400 6300 S. Syracuse Way, Suite 300 PO Box 469 Englewood, CO 80111 Centennial, CO 80111 Monument, CO 80132 Attn: Brad Johnson (303) 229-4681 Site Name: Aspen / DN4536 Site Address: 620 E. Hopkins Ave., Aspen, CO 80166 Equipment Area: 195 sq. ft. + Space on Rooftop for Antennas Parcel Area: 4,500+/- sq. ft. Parcel #: 273707332801 Zoning: Commercial (C-1) Zone District Process: Administrative Wireless Telecom Planner: Ben Gagnon Request: Administrative Wireless Telecom approval to allow the removal and replacement of antennas on an existing building rooftop in the C-1 Zone District. Request & Justification AT&T is a leading provider of wireless communications. AT&T is in need of replacing its antennas at an existing facility located at the above referenced site in order to ensure that adequate and uninterrupted service is maintained at all times per their License Agreement with the Federal Communications Commission (FCC) as well as provide the residents, businesses, and traveling public in the area with new and faster voice and data services. This site remains a critical component to the overall network and carries a high volume of call traffic every day making this an important site to receive these technological upgrades. Given this site is located on a building in the C-1 District, an administrative Wireless Telecom application shall be required to replace antennas to the existing facility. Modification Design & Details The proposed installation shall consist of removing all fourteen (14) existing and replace them with only six (6) new antennas on the building rooftop. Therefore this request will result in a net decrease of eight (8) antennas at this site. The existing antennas are approximately 55" long by 11" wide and the proposed new antennas measure approximately 64" tall by 32" wide. All new antennas shall be painted to match the building. Two (2) new equipment cabinets are also proposed. These new cabinets will be located inside the existing equipment room inside the building and shall not be seen from outside the building whatsoever. In summary, the site currently has fourteen (14) panel antennas and the proposal is remove all of them and replace them with six (6) new antennas. Two new equipment cabinets need to be added inside the existing equipment room inside the condo building and will not be visible form the outside. Compliance with the City Land Use Code Section 26.304. Common Development Review Procedures Sec. 26.304.010. General. Site Name: Aspen / DN4536 Page 1 of4 [-7 BLACK & VE CH i-/. Building a world of differencet A pre-application meeting was held with Ben Gagnon on 4/16/10. An application for Administrative Wireless Telecommunications has been enclosed and is submitted for review and approval by the City of Aspen. A Building Permit shall be applied for when the zoning approval has been received. Sec. 26.304.020. Pre-Application Conference. A pre-application meeting was held with Ben Gagnon on 4/16/10. Sec. 26.304.030. Application & Fees. The required application fee has been included as part of this application. The following items have been enclosed as part of this application: 1) Letter of Authorization from AT&T. 2) Property identification information. 3) An Ownership & Encumberances report from a Title Company. 4) Vicinity Map. 5) Site Plan drawings with elevations. 6) A site improvement survey is not required. Facility is both on the building rooftop and contained within the existing building. 7) Letter of Intent demonstrating compliance with all relavent Land Use Codes. 8) Photo simulation. 9) Copy of Lease showing AT&T has a legal right to be on the property. 10) Signed Fee Agreement. Sec. 26.304.040. Initiation of Application for Development Order. Black & Veatch Corp. is making this application, as authorized representative, on behalf of AT&T who has an active lease with the property owner of record. Sec. 26.304.050. Determination of Completeness and Review by the Community Development Director. An application for Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review. Sec. 26.304.060. Review of a development application by decision-making bodies. An application for Administrative Review has been enclosed for review by the Community Development Director. This request shall not require public hearing review and is considered a permitted use in the C-1 District. Sec. 26.304.070. Development Orders. Sec. 26.304.075. Building Permit. A Building Permit shall be applied for once approval has been received from the Community Development Director. Section 26.575.130 Wireless Telecommunications Services Facilities & Equipment A. Intent and purpose. The existing facility and proposed modifications shall be compatible with the surrounding development and sensitive to and in scale and harmony with the character of the area. This shall continue to be accomplished through minimizing the visual, aesthetic and safety impacts of the facility through careful design, siting and screening. The existing facility makes use of a building in which the antennas have been attached to and the equipment has been placed inside the building. B. Applicability. The proposed modifications to an existing wireless telecommunications facility shall continue to comply with all requirements for such facilities as listed in Section 26.575.130 of the City's Land Use Code. All necessary permits and approvals shall be obtained. C. Procedure. A pre-application meeting was held with Ben Gagnon on 4/16/10. An application for Administrative Wireless Telecommunications has been enclosed and is submitted for review and approval by Site Name: Aspen / DN4536 Page 2 0 f 4 [=1 BLACK & V|ZATCH ~, Building a world of differencet the City of Aspen. A Building Permit shall be applied for when the zoning approval has been received. This facility is not located on a building of historical significance. D. Application. The following items have been submitted for review with this application: 1) Site Plan drawings showing before and after conditions. A photo simulation has also been submitted showing existing and proposed conditions as they relate to the proposed modification to an existing wireless facility. 2) A site improvement survey is not required. Facility is on the building rooftop or contained within the existing building. 3) A landscape plan is not applicable. Facility is both on the building rooftop and contained within the existing building. 4) Elevation drawings have been provided. 5) A lighting plan is not applicable. No lighting is required for this facility. C#AM 6) A structural report shall be provided at the time a Building Permit is submitted. & 7) The application shall comply with the regulations of the Federal Communications Commission with regard to maximum radio frequency and electromagnetic frequency emissions. 8) The existing facility makes use of a building in which the antennas and equipment are mounted to. 9) The existing facility makes use of a building in which the antennas and equipment are mounted to and therefore complies with highest siting preference. 10) A pre-application meeting was held with Ben Gagnon on 4/16/10. This site continues to be an important coverage site for AT&T. Without this site, AT&T would have a significant gap in coverage in the City of Aspen. E. General provisions and requirements. 1) The existing facility makes use of a building in which the antennas and equipment are mounted to and is an allowed use in the C-1 Zone District. 2) The building mounted facility complies with the City's highest preference for facility siting. 3) AT&T operates in a licensed spectrum therefore minimizing the changes for interference. 4) The existing facility and proposed modification shall have no impact in airports or flight paths. 5) This facility is not located on a building of historic significance. 6) The existing facility is not located on a public building, structure or public right-of-way. 7) The existing facility is not collocated on a tower. 8) The facility is maintained in a safe and clean manner. 9) The facility shall be removed if the site is no longer needed. F. Review standards. 1) The existing facility has antennas located on a building rooftop with the equipment inside the building and therefore complies with all setback requirements. 2) The proposed antennas shall be mounted at the exact same height as the existing antennas. 3) The existing and proposed antennas shall be architecturally compatible with the building they are mounted to. All existing and proposed antennas shall be painted to match the building. 4) The existing facility has antennas located on a building rooftop with the equipment inside the building and therefore compatible with the natural environment. 5) The existing antennas are located toward the middle of the building rooftop and therefore minimizes their visibility. The proposal is to significantly reduce the number of antennas currently on the rooftop which will also help minimize any visual impacts as evidenced by the photo simulation. u~'6) No lighting or signage is proposed with this request unless required by the FAA, FCC or other DIA** \A -B ~federal entity. 7) The existing facility has no impact on access ways. Section 26.710.150 Commercial (C-1) Zone District A. Purpose. The proposed modifications to an existing rooftop mounted wireless facility shall not change the current mixed-use nature of the property. B. Permitted Uses. A building mounted wireless facility is an allowed use in the C-1 Zone District. Site Name: Aspen / DN4536 Page 3 of 4 ~! BLACK & VE/CH a-v/, Building a world of differencet C. Cond\Uonal Uses. A building mounted wireless facility is an allowed use in the C-1 Zone District. D. Dimensional Requirements. 1) Minimum Lot Size. The existing wireless facility and proposed modifications shall have no impact on the property's lot size. 2) Minimum Lot Area Per Dwelling Unit. The existing wireless facility and proposed modifications shall have no impact on the lot area per dwelling unit. 3) Minimum Lot Width. The existing wireless facility and proposed modifications shall have no impact on the property's lot width. 4) Minimum Front Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current front yard setback. 5) Minimum Side Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current side yard setback. 6) Minimum Rear Yard Setback. The existing wireless facility and proposed modifications shall have no impact on the current rear yard setback. 7) Minimum Utility/Trash/Recycle Area. The existing wireless facility and proposed modifications shall have no impact on the current utility, trash or recycle area. 8) Maximum Height. The existing wireless facility and proposed modifications shall have no impact on the current height of the building or rooftop antennas. All new antennas shall be mounted at the exact same mounting height as the existing antennas. 9) Minimum Distance Between Buildings. The existing wireless facility and proposed modifications shall have no impact on the distance between buildings. 10) Public Amenity Space. The existing wireless facility and proposed modifications shall have no impact on the public amenity space. 11) Floor Area Ration. The existing wireless facility and proposed modifications shall have no impact on the current FAR. 12) Maximum Multi-Family Residential Dwelling Unit Size. The existing wireless facility and proposed modifications shall have no impact on the current dwelling unit size. 13) Maximum Lodge Unit Size. The existing wireless facility and proposed modifications shall have no impact on the current lodge unit size. 14) Commercial/Residential Ratio. The existing wireless facility and proposed modifications shall have no impact on the current commercial to residential ratio. Section 26.575.020(B)1(d) Calculations and Measurements d. Chimneys, antennas and other appurtenances. Antennas, chimneys, flues, vents or similar structures shall not extend over ten (10) feet above the specified maximum height limit, except for roofs with a pitch of 8:12 or greater, these elements may not extend more than two (2) feet above the r\dge. Both the existing and proposed antennas mounted to this building's rooftop shall not extend above the roofline by more than 10 feet. Summary As demonstrated above, the AT&T proposal shall comply with all standards and requirements as listed in the Town's Zoning Ordinance for granting administrative approvals for modifications to existing building mounted facilities in the Cd District per Section 26.304, Section 26.710.150, Section 26.575.020(B)1(d) as well as for wireless telecommunication facilities in Section 26.575.130. The integrity of the AT&T network continues to rely on this site and this site shall continue to comply with the intent of the City's Zoning Ordinance. The proposed modifications shall not cause any visual or other negative impacts on the area and shall be extremely minimal in nature while at the same time, offering the residents, businesses, and traveling public with better and faster voice and data technologies. Brad Johnson Site Acquisition & Zoning Specialist Consultant for AT&T Site Name: Aspen / DN4536 Page 4 of4 . ./ 9*Â·:)---= ....-I ./ I.- -- :- =It- 29 --g-FLZ~ - IÂ·-*3 .; D I. ..-D,52=*===.Er-Xr - - Â¥ ..i-Â· .i..-...=.= -r-~~==r#.~In...t_ .-Â·â€¢.......Il- .....= ./. Aec /=..Re,/ j.:*L- . -- I.- ,=.. r-4 . i V 46 1 6- 2 1 4 t. i (-1 frt. MAY f 4 Lulu. o rim ~ at&t El JGIKI..BRING , Ift. 1 /1 L f t 1 LJ Lt 0 2#r, L r f &*Fl &5 .07 / L r ..mily (0'0 6* PworÂ·tr (* ~~~__~ 2006 INTLE'VATIONAL BUILDING CODI. -. : .)06 NA1 IONAI. El [-CIRIC COD[ IIA/LIA-Â·272--1 OR LATE 571 [LOION 188 INVE RN[ SS DRIVE WESI 05*.t ., r ~ C r) r ~ f i. 5 0~11*17 DEVELOPMENT Sullr <00 ENGLEWOOD, CO 80112 C' C 0000,6.10 \,J GENER/\1 NOTES -. 111[ FACI[ITY IS LINICANNED AN[) NO-1 ION HUMAN 1 1401-1/:1!ON. - A TECHNICIAN VILL VISIT lili Sll L AS REQUI RE[} 1 ON [<C,UTINI M/.INTENANCE. -IHE PROJECI WILI. NOI RESU[1 IN ANY ./.04 7 SIGN[FICAN-I DIS1URBANCE ON El ITC-1 ON DRAINAG[.; 140 SANITARY SE.WER SERVICE., 1'01*[,l.[ W/lilt, OF< mASH 'i, APPROVALS DISPOSA[ IS F.[-QUIRED AND NO COMMERCIAL f IGNAGE IS THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE- DOCUMENTS AND AUTHORIZE THI F'ROPOSED. SLIBCON-IRACTOR TO PROCEED V,911, It-lf CONSTRUC110!4 DISCRIDED Illl:[IN, ALL DOCUM[NlS PROJECT DLSCRIP.11()14 atÂ¥ ARE SUBJEC[ 10 REVIEW BY TH[ LOCA[ BUILDING DEP/,RWENT AN[) M'.Y IMPOSE CHANGE.S Ok BLACK & VEATCH 1 ODIFICAI IONS. 1HE PROJEO CONSISTS Of ll It- INSTALLATION AND O"CRATION (}; ATAT RE ENGINFFR 10950 G[<Al<DVIEW DRIVE AN1 ENNAS AT 'D ASSOCIAN D LOUIPMEN-1 CANINE T'- 1 OR /668'S [)ATE-: WIRELESS TELECOMMUNIC/.1 IONS NETWORK. INSTAI I /:11014 0, OVER[.AND PARK, KANSAS (,6210 (1) BTS CABIN[T, (63) PIPE MOUNIED PANEL ANÂ»INAS INCLUDINC: Al 6.1 OPERA11014 MANAGER: DA'IE: Â· (913) 458-2000 (2. ) COAX, (24) TMA'S AND (24) DIPLEXERS IS PROPOSED. Al al REAL LE. I ATE MANAGER: DATE: .0:- SITE INFORMATION IMODLFICA-~C WON 8&\/ SITE AnÂ· DATE: PROJECT NO: 163314 B&V CONSTRUCTION MANAGER: DA1 E: ' DRAWN BY: SAN PROPERTY OWNER: STEWART ll-1 LE ADDRESS: 620 E. HOPKINS AV NUE ASPEN, CO 81611 ROOFTOP 8&V COMPLIANCE MANAGER DATE: - - CHECKED BY: WEB TOWER OWNER: NA PROPERTY OWNFRÂ· DATE: ' SITE NAME: ASPFN SITE NUMBER: UNÂ«36 / C0U4036 VICINITY MAP LOCA[- MAP MUNICIPAI : DATE: SITE CONTACT: NA . , 1 *Ket I ' 1 0 I . CL SITE ADDRESS: 620 EAST HOPKINS AVENUE . . 1 \ 1 1 ASPEN, CO 81611 â€¢ ' 1 DRAWING INDEX COUNTY: PITKIN . ~ Â·Â·*44 L ' . 1 1 j LATITUDE (NA[ 83) 39' 11' 21.984" N e / , ~ E &06*. 4 ' SHEET NO: SHEET TITLE 39.18944 /C N i ;wo~con Â·. - T-1 TITLE SHEET . P,&11, (6â€¢,Al LONGITUDE (NAD 83): 106 48' 56.988" W . 1 - -.- Â£ 1140 4*2- .- -106.81583 -Â«-e L Edwards vail ' 2-1 OVERALL SITE PLAN -. *Mil.0 A 05/04/10 ISSUED FOR REVIEW GROUND ELEVATION: 7917' AMSL 0 2-2 ROOM & EQUIPMENT LAYOUT REV DATE DESCRIPTION ANTENNA CENTERLINE: 51' AGL z-4 SITE ELEVATION (PROPOSED ANTENNAS) Cet,nt, --1 2-3 SITE ELEVATION (EXISTING ANTENNAS) *~~teriwood Spnngs 3%26 -1 ~ Redc.tiff ZONING JURISDICTION: CITY OF ASPEN 2 t ; A.Pen. I j - ZONING DISTRICT: R-2 - RESIDENTIAL ASPEN h Z ' 0; - ~~~~ Â©r# PARCEL #: 620 EAST HOPKINS AVENUE i .Con-Pal. 1 N 273707332801 ....~... DN4536 / C0U4036 Meredith ./ OCCUPANCY GROUP: U ASPEN, CO 81611 w,nass Vt-. -0 , CONSTRUCTION TYPE: V-N Ibian NWody Creek t. j Â·Â·-74* lead 6 440*3/ I ..4 i POWER COMPANY: HOLY CROSS ENERGY .1 1.- i 81611 '*sper,Â¢. 41 4 \ (tit : 11,>I' TELEPHONE COMPANY: OWEST K ASPEN ~,~ N b- or I '' r.1.- ..... . 9, *Twit, Lake / toof . 4. e J A DN4536 / C0U4030 B; 10 . SITE ACQUISITION CONTACT: BRAD JOHNSON ' 1 ~ - , :...1 & I e 620 EAST HOPKINS AVENUE ~~2~.~2,... (303) 229-4681 . 1 -i ] ASPEN, CO 81611 - . A . e RF ENGINEER: CLAUDIO POZZI ; *Somerset 1 '. 0 1- Â£0 (303) 643-3640 1 Crested Butte / h /*Pactn,a "~~ ~~~ ~~y~~~ 7- - (303) 408-3090 8. IT IS A VIOLATION OF LAW FOR ANY PERSON, PROJECT MANAGER: MICHAEL DERRICK 1)17Â«30 A.1,3 ASPEN UNLESS THEY ARE ACTING UNDER THE DIRECTION Â· h TO ALTER THIS DOCUMENT. OF A LICENSED PROFESSIONAL ENGINEER, CONSTRUCTION MANAGER: KEITH JEFFREYS ; t , (303) 250-9681 /k'\ / .\/ 09 4 A... 0 . 0... -â€¢21!9 nison , SP'hdo. DN4536 / C0U4036 . r.-4 620 EAST HOPKINS AVENUE ,Montl:ose C E /----------9, As,~r EquiN G) ASPEN, CO 81611 amdino IF USING 11"x 17" PLOT, DRAWINGS ~ N-*lp:i:KNEi r ~ >4. F-- N MOD - ROOFTOP ,E,eid,bons DO NOT SCALE DRAWINGS ~ WILL BE HALF SCALE NO SCALE SHEET TITLE SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDiTIONS ON THE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANY DISCREPANCIES CONTACT INFORMATION DRIVING DIRECTIONS BEFORE PROCEEDING WITH THE WORK OR RE RESPONSIBLE FOR SAME TITLE SHEET DIRECTIONS FROM NEAREST AT&T OFFICE: ENGINEER: BLACK & VEATCH CORPORATION 6300 SYRACUSE WAY SUITE 300 UNDERGROUND SERVICE ALERT CENTENNIAL, CO 80111 FROM INVERNESS DRIVE W, GO 0.57 MILES, TURN LEFT ONTO E DRY CREEK ROAD, GO 0.06 MILES, KEEP RIGHT ONTO 1- 25 N UTILITY NOTIFICATION CENTER OF COLORADO SHEET NUMBER RAMP, GO 13.19 MILES, AT EXIT 209 B, TURN RIGHT ONTO W 6TH AVENUE FWY RAMP, GO 2.25 MILES, GO STRAIGHT ONTO US (800) 922-1987 CONTACT: JEREMY JOHNSON 6, GO 6.77 MILES, KEEP RIGHT ONTO 1-70 W RAMP, AT EXIT 195, GO 65.53 MILES, KEEP RIGI T ONTO SR 91 RAMP, GO 22.65 WWW.UNCC.ORG T-1 MILES, KEEP LEFT ONTO US 24, GO 16.18 MILES, TURN RIGHT ONTO SR 82, GO 42.65 MILES, TURN RIGHT ONTO S ORIGINAL PHONE: (720) 834-4331 Sl REET, GO 0.11 MILES, TURN LEFT ONTO E HOPKINS AVENUE, GO 0.11 MILES, SITE IS ON THE RIGH1. TOTAL = 170.09 MILES 3 WORKING DAYS UTILITY NOTIFICATION PRIOR TO CONSTRUCTION . . E .. -Â· - -.... 44'- 74 1. Al I (1<) f Y.ISTING /NIENNAS IC) R[ E-MOVCD AND REPLACED W/1, EXISTING idÂ¢111 : 1 XI:.1!140 ((9 Nr\'- /J411 RN/S 4*<alÂ£8ct PAR/.PET WAL[ - ~ PARAI [ 1 WALL - iCE; INVERNESS DRIVE WES1 SUn F 400 ENG[-LWOOD, CO 00112 L -EXISIING EXISTING BALCONY -1 BAL CONY -1 1 1 EXISTING A[&1 EXISTING Al&1 CABLE TRAY-i - ------ ------------ --- C/BLE 1 RAY-~ - - --- ga 7 1 I m rril . 1 01 17[1 _ 81 - BLACK & VEATCH V. .1 . . . . . . . 1 -1 1 EXISTING AT&1 777 LUJ- |111 - Ulf -' (6) PROPOSED 6:iÂ·iir.*r- *: ANTENNA (TYP)-\ /06.1 ANTENNA -i ... 10950 GRANDVIEW DRIVE (IYP) , 0\'E[<1 AND PARK, KANSAS 662 10 E XISTING EXISTING 141.~.:.:di EXISTING (913) 458-2000 ROOFTOP -, CHANNEL-~ .... ROOFTOP--1 .... - Il E ....31 1 44Â»Â»1-h i , DRAWN BY: SAN PROJECT NO: 163314 X441 ~ j>-- EXISTING HVAC ~4*~ n- UX'ILING HIVAC ~~ UNITS CHECKED BY: WEB Cd-ILLL-_ / MIl 1 11 1 1, 1,3 7-111 EXISTING ~ b CHANNEL- : 3 - 3 A 05/04/10 ISSUED FOR REVIEW EXISTING SKY LIGHT EXISTING SKY LIGHT REV DATE DESCRIPTION 400+ 00\ 4Â«3Â© 1 3 \1- ty EXISTING EXISTING BALCONY -1 BALCONY , 4902- 1 4 ~ IT IS A VIOLATION OF LAW FOR ANY PERSON. UNLESS THEY ARE ACTING UNDER THE DIRECTION / â€¢ / OF A LICENSED PROFESSIONAL ENGINEER. . TO ALTER THIS DOCUMENT. EXISTING AT&T EXISTING AT&T EQUIPMENT ROOM AT / EQUIPMENT ROOM AT ~ BASEMENT OF BUILDING - BASEMENT OF BUILDING ASPEN DN4536 / C0U4036 LEGEND 620 EAST HOPKINS AVENUE ASPEN, CO 81611 FENCE X MOD - ROOFTOP d--- - ----- HOPKINS AVENUE -Il --~-~-- HOPKINS AVENUE -------------Â» LEASE AREA ------ ICE BRIDGE ?i?5?53?5?%?i?58?i?i?ia SHEET TITLE OVERHEAD POWER - OHP----...- OVERALL SITE PLAN UNDERGROUND POWER - uor OVERHEAD UTILITIES ----.....---OHU'---=- SHEET NUMBER EXISTING ROOFTOP PLAN PROPOSED ROOFTOP PLAN SCALE: 3/16" = 1'-0" SCALE: 3/16" = 1'-0" UNDERGROUND TELCO - UM- 4' 2' 0 4' 8' Z-1 1 1 UNDERGROUND - UGP/UGT - 1/4"=1'-0" POWER AND TELCO 73-1 .9-.ZZ -- - 1 .......-7-Â» I 1<[Y NO'I ES ~ I IVAC # 1 l'b) 1 Ir RACK ~C~ AC PAIN; L M at&t ~ 1,VAC # 2 \,4-- ~ DC PANEL f Â· 188 IN\Â·ERNESS DRIVE W[Sl ~ GSM CABINET SUIT[- 400 ENGLEWOOD, CO 80112 ~ DC POWER PLANT GAIAXY GPS 2424 (i) DC P/.NEL #2 ~) EXISJING A! U NODE B , ~ PROPOSED /4 1 1 NODE t! 1-391 13'-0" 4'-9" 13'-nfl 4'-9 Â· BLACK & VEATC[ 1 Â· 10950 GRAN[)VIEW DRIVE OVERLAND P,JRK, KANSAS 66210 (913) 458-2000 *\\\\\/,-Ve. XN\\\\\\\\\\\\\\\\\\\\\\\\$\\\\\,1\\/\\\\\\\\/\\\\\ 1 i\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\5\1\\\\\\\\\\\\\\\\\\ 1 1 1 N . __M ~' 1_ 1 - DRAWN BY: SAN : PROJECT NO: 163314 \ h CHECKED BY: WEB 2'-0" 31-4 1 2.-0 1'-10 2'-0 3'-4 1 X 1 '-10" 0 %1 f 1 \ / 2'-11" 2'-11" , b 1'-10" - A \ \ 1 â‚¬) \ \ I- hi X 1 1 \ 1 \ 7 /n \ : - N \ N \ \ 1 Â·N - \ 8-\ \.1 4!91 1 i / -\\\\\\\\\\\\N/\\\\ D- N \1 0 CN i \ -1 CD ./.\\\N\\\\\\\\\\\ \ 8-- 1 A 05/04/10 ISSUED FOR REVIEW r.- - 1- 4 1 li) DESCRIPTION -IN Â® .REV DATE -IN .1. r -104 (4 - \- 8 2 0 1- 4 p /.- - - - \ V.L~ - 4-- - . \ 41(N 1)- r \ 3'-10 10-6" r. \- 3'-10 1'-6" I 4 - -Â» 4 004 ~ 0540> --. 21 1 bo \ - \ 1 - 0, 2 -1 0 N \ 0 91 8 21 I -1 = \ . 3./..................../.\\\\\\\1\\\11/\\ h.ve...5 I 'vÂ«vox.ill./3/00/veÂ«ix{Â«#:7 1'-31 1'-1. 1'-llj" 3" 1'-1" 1'-11~" 1 '-3" |1'-0' 1-3" 1-0 IT IS A VIOWION OF LAW FOR ANY PERSON. 3~" UNLESS THEY ARE ACTING UNDER THE DIRECTION . . OF A LICENSED PROFESSIONAL ENGINEER, - . TO ALTER THIS DOCUMENT. ASPEN DN4536 / C0U4036 620 EAST HOPKINS AVENUE ASPEN, CO 81611 <~~ ROOM & EXISTING EQUIPMENT LAYOUT //~h\\ ROOM & PROPOSED EQUIPMENT LAYOUT MOD - ROOFTOP SCALE: 3/4"=1'-0" SCALE: 3/4"= 1'-0 ' SHEET TITLE SHELTER & EQUIPMENT LAYOUT SHEET NUMBER 12" 6" 0 1, 2' 3 Z-2 3/4"=1'-0 1 11l1!tI11tl'111lli}11 IlI11tI1II1}II11}lI1iIIII1I1I 'lili Il.lt1llltlIIItI 1111111111111 11 ..I-â€¢ I=U/*. - 7 -13_7- ..#1- L...I-./.4- - -.l-:Sr:.*02 -- . 4.-r ....r - - ~ - - 1 XIS.11!40 / N.1 i NRA. 1-Act C CE, ANTE 141/ A71MU111 (,LON,n' m.ll I: :/. 1,-PL I i'wED I * at&1 ' i 11 VOW[ RWA\4 7/70 -1:13,1,/, 1 10- n AZIM Ul H ~~_c_Z-AprUTH 1[~~ ~- 75. [--_ 727 A7IMUT11 1-1 Al -'HA SE CTOR A AZIMUTH IN A3 ----9 315 6 '~\ AZIMU1 ! I 02 van -- EXISTING SECTOR GAMMA SECTOR C A7IlvtlUIH Nk~ \ AZIMU'11Â·1 ~~ 315Â· /7 ANTENN, MOUN AD 13-1 A/,AUTI 0 9, \ 79 AZIMUIN_13 1 VA 2-3-15. / -30-Zi/0-3 ==F----~- =44 _----------- EXISTING Al&1 ANTENNA (TYP) 10950 GRAM[)VIE-V.' DRIVE 84 83 137 81 OVEm AND PARK, KANSAS 66210 1 AZNUTH AZ!}.Al'lu AD.'l/1 3 3 ~ BLACK & VEATC14 (913) 458-2000 195- 1 9 L' 195 195 BETA SECTO[ 11 L~__3 rn EXISTING Alt[1414*_LAYOU-1 PROJECT NO: 163314 ~ NO SCALE ~112 BY: SAN CHECKED BY: WEB ~ EXISTING ANTENNAS 72 01'MUP - (14) EXISTING AT&T ANIL!125 PAINTED TO MATCH CL EL. 51'-0 TOP OF PARAPET ' f' 1,-Wii if BUILDING - EXISTING UNKNOWN ROOFTOP EQUIPMENT EXISTING COAX CHASE PAINTED TO MATCH BUILDING ~ A | 05/04/10 ISSUED FOR REVIEW 7/ 1i ~REV ~ DATE ~ DESCRIPTION J ll' {D <Â»Â«f ro to +1 0 Â«%:f IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL- ENGINEER, TO ALTER THIS DOCUMENT. ASPEN DN4536 / C0U4036 620 EAST HOPKINS AVENUE ASPEN, CO 81611 MOD - ROOFTOP 3 SHEET TITLE -7 1 SITE ELEVATION I p Â·flitÂ°Â°f <451Â»4;09 fkt?99 64 ffÂ© 9%~41#Ziht '~I e r 'ff>36 L-3 EXISTING AT&T EQUIPMENT ROOM r~-- FTER-REE--~~~~1 AT BASEMENT OF BUILDING- EAST ELEVATION (EXISTING ANTENNAS) SCALE: 3/16" r= 1'-0 6' 4' 2' 0 5' 10' Z-3 3/16'=1Â·-0" TOP OF EXISTING ANTENNAS TOP OF EXISTING PARAFET r ....=/** . . ~=~.--6 ~*C ~V. - -- --D-~- ~.-=.-~~*.... =.="~-ams - ..6 ./ i. PROPOSED Al< il NRA AND CO/XIA (:ADUR REQUIRLMEN1 ANTENNA. AN~t UNA L lili 1 (:F IL-IER I~ !1 CO',XIAI L .!lt C St (.10,4 AN'I[.14]44 1YPE -- - 1 406,0/ ./.[1 AZIMU-lit ~.- 1 I [t E.V..lifiN 44[:11.III F . <--2<~ - /./11 'l!-11 -1 - ~ - 300 1 141 / 2 | TEN)(Â· t;jÂ·,-Â·D65-19V>12-02 ~ tl' i.,Â·.2"x.9' 71Â¢ ~ 0' 0- :,0'- 1('' < ~ 71' ~ / VAL - -]11-/ U . 1 1 | (,AMMA 1 82; INvERNESS DRIVE WES1 SUITE <00 03 1 ENXC BSA-DG,-19V>12-0> | 64' >:32"xg" ~ 180 0 |(i| !4)'Â· 10" ~ 4 ~ 71' /VAS ~ [ 1 'S[ 1-WOOD, 60 80117 i i SECTOR C ANTENNA MOUNT ~--~EmmEVAT&1~2.-02~|Wafm-1 -4 ~ 010 1:Â· 10~ ~< ~ 71' AvA5 ~Â©,/ ALPHA SECTOR / --- - EXISTING SECTOR -- - -- --- - -- ' / (1 YP 01 6 RACES) - | CM --|lEN~St,-Di5-19&512~02 ' 4'11*--| -UoÂ·- |--1 1 0 50'--10 4 I 71' 1 07 \4 /' PROPOSED AT+1 ANTEN'WAS Le. N~IA 1. At.1 MAIN CABLES Wil.[. B[. GROUNDED W/ COAXIN. CARL E Gf.OUNDINC: Ki-IS ta: ~ BLACK & VEATCFE ~ ~ /.. Tit[. AINTENNA ELVE t. D. OUTSIDE IHE EQUIPMEN] SHLOCk id LNTRY POR{. OVE[,LAND PARK, KANSAS 66210 B. MID LEVEL IF TOWER IA OVER 200'. C. BASE Or 1 OWER PRIOR TO JURNING HORIZA.414Â£ . | 10922/;~VIL~~1:IVE ~ 83 81 L INSIDE IH[ EQUIPMEN1 SHELTER AT THE EN1RY 1Â·OR-1 AZIMUTH AZI}ltill 181 180 2. ALL. PlnPOSED GROUNDING BAR DOWNLEADS ARE 10 BE EX(111[RMIC[i) TO lili- LXISTING BETA SECTOR B ADJACENT GROUNDING BAR DOWNLEADS /. MINIMUM DIS1ANCE OF I OUR FEET BELOW GROUNDiNG i PROPOSLD ANTENNA LAYOUT AN D MOD - ROOF-l OP PRIOR TO INS1 ALLAT ION . PROJECT NO: 163314 BAR. L-- 3. Il IS THE CONTRACTOR'S RESPONSIBILITY TO VERIFY ANTENNA AND COAX CONFIGURA'LION, MAKE , 1 4. ALL CONNEC1 IONS FOR HANGERS, SUPPORTS, BRACING, ETC. SHALL BE INSTAt.LE[) PER lOWER '-JUIE---------2 MANUFACTURER'S STANDARD DETAILS. 1--Ii- CHECKED BY: WEB~ 5. THE EXISTING STRUCTURE IS CURRENTLY BEING ANALYZED BY 01 HERS TO DETERMINE ITS EXISTING UNKNOWN STRUCTURAL CAPACITY 10 CARRY THE PROPOSED NEW COAX AND ANTENNAS. THESE DRAWINGS ~'~~- ROOFTOP EQUIPMENT HAVE BEEN CREATED BASED ON THE ASSUMPTION THE STRUm URAL ANALYSIS WILL SHOW THAT ~ INSTALLATION OF THE COAX AND ANTENNAS SHALL NOT COMMENCE UNTIL AN APPROVED THE STRUCTURE HAS SUFFICIENT CAPACITY TO SUPPORT THE PROPOSED NEW LOADS, =---1 (6) PROPOSED AT&T ANTENNAS TO STRUCTURAL ANALYSIS HAS BEEN RECEIVED BY THE OWNER OR ATdcT AND HAS BEEN REVIEWED , PAINT D TO MATCH BUILDING BY BLACK AND VEATCH. TOP OF PARAPET CL EL. 50'-10" 6. SUBCONTRACTOR SHALL REFERENCE THE TOWER STRUCTURAL ANALYSIS/DESIGN DRAWINGS FOR DIRECTIONS ON CABLE DISTRIBUTION/ROUTING. COAX[AL-ANIENNACABLE_NOTES EXISTING COAX CHASE 1. TYPES AND SIZES OF THE ANTENNA CABLE ARE BASED ON ESTIMATED LENGTHS. PRIOR TO PAINTED TO MATCH ORDERING CABLE, CONTRACTOR SHALL VERIFY ACTUAL LENGTH BASED ON CONSTRUCTION LAYOUT ~ A | 05/04/10 | ISSUED FOR REVEW ~ BUILDING AND NOTIFY THE PROJECT MANAGER IF ACTUAL LENGTHS EXCEED ESTIMATED LENGTHS. 7/ 1~ ~REV ~ D~TE ~ DESCRIPTION 2. CONTRACTOR SHALL VERIFY THE DOWNTILT OF EACH ANTENNA WITH A DIGITAL LEVEL. 3. CONTRACTOR TO CONFIRM COAX COLOR CODING PRIOR TO CONSTRUCTION. REFER TO "ANTENNA SYSTEM LABELING STANDARD" ND-00027 LATEST VERSION. 4. ALL JUMPERS TO THE ANTENNAS FROM THE MAIN TRANSMISSION LINE WILL BE 1/2" DIA. LDF AND SHALL NOT EXCEED 6'-0'. 43 Cf 5. ALL COAXIAL CABLE WILL BE SECURED TO THE DESIGNED SUPPORT STRUCTURE AT DISTANCES 3,0 NOT TO EXCEED 4'-0~ O.C. 6 6. CONTRACTOR MUST FOLLOW ALL MANUFACTURER'S RECOMMENDATIONS REGARDING THE h INSTALLATION OF COAXIAL CABLES, CONNECTORS, AND ANTENNAS. 1004 A 7. WEATHERPROOF ALL ANTENNA CONNECTORS WITH SELF AMALGAMATING TAPE. 0 0 IT IS A VIOLATION OF LAW FOR ANY PERSON, UNLESS THEY ARE ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER. TO ALTER THIS DOCUMENT. ASPEN DN4536 / C0U4036 620 EAST HOPKINS AVENUE ASPEN, CO 81611 MOD - ROOFTOP SHEET TITLE _LT- 7~~7.- EXISTING GRADE SITE ELEVATION 4Â« .. 0/ I : ./. : .... \5:V ... \'' ./ 4... ./Â«<?. \ i.. \ C..' ,.. / , Â·. ,~.4>:'<< fl><Â·Â·j <24<)<1~~ .4 ,~74'10 ~f.<4:,0, / /5~.i' 33.403<\24.9 4<3472 42, t.~,fl~ I>i#~- *8* .' I EXISTING AT&1 '. ..&4 Â·/92 ~. -i;Â·~>/ Â·Â· . ,Â·... \Â·-, >a >..Â·.A .;~ .. ..:3:5,. 73 â€ž p. 1.7' ?UPEr.....----~ EAST ELEVATION (PROPOSED ANTENNAS) 6' 4' , 0 5 10Â· Z.4 SCALE: 3/16" = 1'-0 d-) 3/16"=1'-G' TOP OF PROPOSED ANTENNAS ....... i, at&t Existing View V &-A 1 -,1.9 4/2, . 4 2 e ' 1 4, '1, . - d#[ 11+1 LIli .-L - k Proposed View . 9 +t ... ' P, :fr. 1. I - G .. DN4536 / Aspen May 7, 2010 620 E Hopkins Ave, Aspen, CO View facing southwest from alley 191 BLACK & VEATCH ~~ Building a world oldifference' This is a photo simulation and is designed to represent to the proposal to the most accurate extent possible and is not intended to be an exact representation. .~t~~\lu-,11''ll~!~ 47 "lf 't A I Ji l 1 . ..- 48 4 Â¥ B ,â€¢29 4.1 4/9 - .i../.- ~ ./IM#um,155//IR:,2643<Vi:el:imidkal ..IWITI'.2. 1 4. :+NOPO- . ~~~~tiRj.Â§~ -*&74- ..1,9. 2--1.-1 7 2,44 -:/1.FB#Â£ 1 V ~.-.4 **.- 469 '1111'r=. % 7-r-rÂ»- 1 7. I e.~.-' - ~41,1 q~ r>kifi~ ........0/1/YN""12/1/i//Filf:/.&'py/25"trib--A#.3 .< ./ ' 4'1111'litillititur . r 1,#Wtar 622!g".W' A-k 11,1111 1111 111 11 *4//B....p -- 8.-FRilial,03*tal//1'f . 4/2,*k 111.111'g '111~11,!Â·till' lillit 11.11.11 4'th'AÂ·11 '- 4.. 'C-'45-,C ~ -~8'~/*fi lili'141 '1 11 1 44111 .. I .- , 7 . ' -6 4 0 I ./." I - 1% , , 1 .1------/M------ 4 16,74 - , *1 1 , tw J . 11 ~1 1 --- wilL A un 1 -44--a : & .Â£-i#.I 1 .1 9434 . 1 ; e 4 , /2 NX ... , 5--le . 1, r 7 4,4Â¢91 37,-1 1 ~0 - I. .F/, P $~ 1.4,- >3 _; iq ' IM '/ Viee~acing northeast from E. Hopkins Ave. ~11.;11 4 0~.ililli~~Ij!11ii\i~~~ill{~19121: ~ AC 1 4 1 h W 40 ' 11!111 1 1]1111!lil;Ii'll~~i~;Efil;Im,12< .71,1.13 ~fff m 1 -03841 Aff' 14- '4. 1, 1 ' / 0Â· :if If. ' ' Â·I Ill Â¢11111 h 1~4 141 1 4|11' R'i|l~|Ilth.4;, miill; 11 ' lilli 1 -11111#1~11~11'111:,4111 )lf b ' 4 :< '' '1 lit * i *wmtii#*mu~~.#M .4 T f 1 . 1411 "11 Imwi,i - . 59.9 9. . i AN,â€ž Ai7:i,-I31Â· .It:t,Whbit?,1.7-9 +5 . Â·,d ),p, 1 fi I L 1 IÂ¢%444- * 211 , ,". 4,",444JFHWHin.,111:1; Â·Â·: iNIM *1 Mil;Â·!mqi'rr"#4;FAKÂ¢,94~%~ , -' , ".' -4.~E~12:Lititli 1!y'l:, I'l"'!~,!!,1~') 1,;"',2$*P .11, 11,~111 1, 11.lilli- INA 51 .11:9.?44424 93, 1 4 -4 41. 1 t, -- ./.j; ,#,f.' 41,4 4 1. 1 . 1 I lili '.11 4 ..1 il . _ 1 1 --ftp , 14 1 4 2 * t, ),1..fÂ¢1* : f --1 \ j v , 4 F 4 ,/ a 1 1 - 11. Â¥ Â¢ - 1 . ' 7 0 4 1 3 #All-'-Ill-.-44/9.A - . 4 -f 01 2< =r-Â·r- .. 4'. D 4 %,21, C iii , I * View facing southeast from alley , W, 1.140 4 ...,L, ..C~ - ' 714.52 ./ : lf{ Allet4Â£--2-til./illifillililililililillil illill ' . . Al .rili3.1....../R- 1 :21 P .,4 . 4 il :- 4 11 / 1- -8- ..., .. ... -4-4.'"M- - 1 -2,6 IL View facing north from E. Hopkins Ave. 620 East Hopkins Condominium Association, Inc. 620 E. Hopkins Avenue Aspen, Colorado 81611 970.390.4383 May 20, 2010 The City of Aspen Attn: Community Development 130 S. Galena Street, 3rd Floor Aspen, Colorado 81611 Re: Proposed antenna upgrade at 620 E. Hopkins Avenue, Aspen, Colorado To Whom It May Concern: Stewart Title Company, as owner of 100 percent of the units in the 620 E. Hopkins Condominiums, has consented to the proposed antenna upgrade by its tenant, New Cingular Wireless PCS, LLC (as successor in interest to AT&T Wireless), at its the building located at 620 E. Hopkins Avenue. Pursuant to the attached plan (the "Plan") titled "ASPEN DN4536 / COU4036 at&t MODIFICATION ROOFTOP" the proposed antenna upgrade consists of the follows: 1. Removal of all fou rteen (14) of the existing antennas; 2. Installation of six (6) TENXC UMTS antennas (which have the dimensions of 64" x 32" x 9"); 3 Installation of twenty-four (24) Tower Mounted Amplifiers and twenty-four (24) 7/8' coaxial cables and one 3/8" power cord; and 4. Equipment cabinet additions within the equipment space. The Association has reviewed this proposal and approves and consents to the proposed modifications within the parameters outlined above and as more fully delineated on the attached Plan. 620 East Hopkins Condominium Association, Inc. The City of Aspen PAGE TWO May 20, 2010 Please do not hesitate to contact us should you have any questions or require further documentation. Thank you. 620 East Hopkins Condominium Association Inc., a Colorado corporation tE~'Applegate, Imi President EEA:jc CC: Stewart Title Company New Cingular Wireless PCS, LLC do Rick Holpp, Site Dynamics Inc. via email: rholpp@sitedynamicsinc.com New Cingular Wireless PCS, LLC c/o Ken Olson 188 Inverness Drive West, Suite 400 Englewood, Colorado 80112 [FJ! BLACK & VEATCH i~, Building a world of difference'. May 11. 2010 Stewart Title Attn Sandy Capell 620 East Hopkins Avenue Aspen, CO 81611 Re: Request for Landlord Consent to construct proposed antenna upgrade at 620 E. Hopkins Avenue, Aspen, CO 81611 for current Tenant New Cingular Wireless PCS, LLC (successor in interest to AT&T Wireless) Site Name / Number: Aspen / COU4036 Ms. Capell New Cir'Igular Wireless PCS, LLC ("Cingular") leases and operates a Commercial Mobile Radio Services facility at the above-referenced property owned by Stewart Title. In an effort to upgrade technology at this site, Cingular wishes to remove all fourteen (14) of the existing antennas and replace with six (6) TENXC UMTS antennas, which have the dimensions of 64" x 32" x 9". In addition to the antennas, there will be twenty-four (24) Tower Mounted Amplifiers, twenty-four (24) 7/8' coaxial cables and one new 3/8" power cord. There will also be some equipment cabinet additions within the equipment space. Please see attached drawings to view the proposed improvements. If the proposed modifications are acceptable, please sign this letter below, signifying your consent and approval of the attached drawings and the proposed work. This consent will also give Cingular permission to submit for any necessary permits. No additional agreements or amendments will be necessary as antenna replacements, additions and upgrades are allowed per Schedule 1 of the 3rd Amendment. Once signed, please fax a copy to (303) 997-8124 and mail the original to the Black & Veatch, C/O Mike McCreedy, 6300 South Syracuse Way, Sulte 300, Centennial, CO 80111. If there is additional information necessary for consent, please let me know what information to provide by emailing me at rholpp@sitedynamicsinc.corn or calling me at 303-681-1185. Your time and consideration are greatly appreciated. Landlord Consent: STEWART-I'ILE COMPANY Signature Â«-=24 o.m~ - 6Yo. f b~'-4 51.1 Printed Name & Title 5k42O\ 6 Date Sincerely, Rick Holpp Site Acquisition Specialist Independent Contractor for Black & Veatch (on behalf of New Cingular Wireless PCS, LLC) 6300 South Syracuse Way, Suite 300 C'enterniial, Colorfido 80111 Dit, ct. (303) 681-1185 kax. (303) 997-8124 Â·Â·', . r tiol pp#,1Â·5ilecly namicsinc.corn Black & Veatch Corporation Â· 6300 S. Syracuse Way, Suite 300Â· Centennial, CO 80111 Â·Telephone. (303) 332-1212 ASPEN *5 at&t ENGINEERING DN4536 / COU4036 2006 INTERNATÂ©NAL BUILDING CODE 2000 NATIONâ€¢L ELEORIC CODE , 58 Ff,/ERNESS DRAI IEST 11,/El*-222-F OR LAaST EDmON DICLEâ€¢000, CO 8019 GENERAL NOTES 3755002305 SUFTE 400 THE FACIL.frf S UNMIMNEED B,ID NOT FOR HUMâ€¢N MIMATION. ~ A TECWMCW,1 WILL VMSI THE SITE AS REQUIRED FOR RCUTVIE -NmANCE mE PROJECI MIL NOT RESULT IN ANY , ~~ SK;~FJCAN! DISCUR~Â£E OR [FFCT ON ORAIN~E. NO APPROVALS - SANITARY SENER SUMCE. POTâ€¢BLE IIATER. OR â€¢RASH DISPOSALL IS RIEQUIREI) AND /0 COM~RC~ Se,~E S THE FOU.C,Â»Â£ PART,25 HEREEÂ¥ NÂ°PRCM * Pr T,â‚¬5Â£ DOCUIENYS A,0 ~Jr,â€¢oq,ZE Dâ‚¬ PNOPOSED suecoITI//IR To PRoctm /84 rlâ‚¬ CON5tm,CTON DESÂ¢RED %â‚¬REi ALL 00(lÂ»ENTS PROJECT DESCRIPTION #SE) at&t ARE SUUM TO 'lit) aÂ¥ THE LOC,L BUIL.Â»K; DEPARTI//AND -r -OSE CHAMÂ¢ES / BLACK & VEATCH woc-Oâ„¢/'S DIE P,Â«lECT C~.STS oF n,E INSâ„¢LATION â€ž0 C]PEJUJK,1. Al'ID'"3 AND ASSOC,TED UÂ»PIE/ CE'"CTS IR ATITS ATIT RF FMIrm r,ATFÂ· 10950 GRANNEW DRNE â€¢RIESS TELECOME'dICATINS 1â‚¬â„¢ORK- 1944.Lâ€¢MON CF OvERLAND PARI~ IWIE "210 Â¢1) ms C~BINET, (8) -E ~OUNIn, PANE1. ~NTEMI45 'IK11Â©â€¢IC ATaT M=loN ~U-GEN- nATF Â¢91 3) 4 &8-2000 (24) MU. (24) D-Â·S -3 (24) De.EXERS I PROPOSEZ *Tal â€¢El, EEâ„¢rE uâ€¢,W,Grn ..Â· SITE INFORMATION MODIFICATION 8&V qrrF *Â· 1%,7 PROJECT NO: 163314 meÂ¥ CONSTRUCTIOM -~aR:- DATE: DfUWN SY. :1=gif O.e 620 E MOPIUâ€¢5 â€¢UE'll STEâ€¢â€¢WT .U Ag'E' CO .011 ROOFTOP 6&,0 coupuâ€¢â€žCE ./1,â€¢GF~ .- CHECKED er 1/.ER Oâ€¢NER ./ PROPt~f n-,AlÂ· -TFÂ· SCTE 4/â€¢E S~E I,lÂ¥8Â£Â»= ...538 / Coâ€¢.4038 VICINITY MAP LOCAL MAP grE a,N,ACTÂ· * nKTF ,UC*el STE ADDRESS: 020 E"T HOMONS AVENUE AgUd. CC 8161' ~ DRAWING INDEX -1- C<Â»re Pm,N -. LA,TrUDE (- 83): N !1Â· 2100/ â€¢ SHEET â€¢O: SHEET TITLE â‚¬ 4.- 30.16..4 LOâ€¢Â¤TuDE (1/0 a* 1 0%98. i }f 1% 1 f ---* 7-1 TrTLE /"IT -106,1.3 j'.. p.- &01" - - -1/'/Irl bi '- --**1 -- 2-, ...ILL Sm Pl- A 0./000 ..'. I. - Z-2 ROOM i E)QUIP"EN' LAYC*,T c.... ELEVATD. 7917Â· Al. ' 4~+ ,--. --Â» irâ€¢wl. e z-, srrE Elfu,now (ExsnNG ,*~-s) 0 & mc-r- 4/I'll ..r.... .Â· * .Cod.... t #C _ . H ./ ELEVAION EPROPOSES ANTEN'I) ~ ZO-Â£ ./t Crâ„¢ Of ASPOI ~ . I ~-2 - ReS.0./ -- 40Â© M.8,~,Wn PARC[1 # -35; . CONSâ„¢*2,0, 1Â¥Pt ... Wont, Creek 2. *4 < ..1 Pol. rnâ€¢/AllÂ· HOLY CROSS .... TUIPHOME COâ€¢P-r: 0~ST 2 #'111â€¢5 -IP:* r'] I f sm? Atou'll,N cop,1 / 2045, (,03) 1.-400 . --/1.> f r . 111LL_Â£1__1 40 ' EMGINEIR: 4 144 . ..... DOC*O~ ~ *am+I (303) 541-3840 , ; t= Crest/Bule N Â· I I . wa,â„¢Â», I .....I- PACUErT -W=EN: .Â£-El DE'e,CK -m...I-.mil./.- 13) 408-30.0 . I UCD:$2) ymSO- DU~Il 1 : . - 1 CCNS.'ll=N -4,/El ETâ„¢ .Ilyy~Â¥'S , ~ ~ t.03) /30-@801 , 1<, 444 ~ UNV .1 ASPEN % a /1/lon ; '77< DN4536 / C0U4036 620 EAST HOPKINS AVENUE ' ASPEN, CO 81611 1-, - MOD - ROOF'TOP IF USING 11hdr PLOT, DRAWINGS -- - ' ' - DO NOT SCALE DRAWINGS WILL BE HALF' SCALE .CALE SHEET TIni Mn-'M~;~~&#~;157'5~5=%==3 CONTACT INFORMATION DRIVING DIRECTIONS SEHORE PAOCEmil HTH T}â‚¬ Kil OR 8â‚¬ RESPOISieLE FOR Sâ€¢ME TITLE SHEET DIRECTIONS FROW NEAREST AUT OFFICE ENGIN[Y' RAC* a ..CH CORPe,UnoN +SE -r .... 300 UNDERGROUâ€¢O SERVICE ALERT CerrD,-L. CO aol, 1 =3, IZE:%[N <Ni :T tt,fÂ·Ng ~LETSURTUR~IM~r~NOTyt %4RVAICIANEUE~ AWDA*5. 082 2'Wl;i~WPJGn,ZW '~3:ToN us UrLITY NOT...... CENTER OF COLOUDO SHED NUMBER i.00) 112.1087 câ„¢r,crÂ· JER.1. JOHNSON 6, GO 6.77 WILES, KEEP RIGHT ONTO I-70 W RAMP, AT E/T 195, GO 53.53 WILES, KEEP RIGHT ONTO SR 91 RAMP, GO 22.65 ....UNCCIR. T-1 PHONE. ('720) 834 -4331 MILES. KEEP LIFT ONTO US 24, GO 16.18 WILES, TURN RIGHT ONTO SR 82. GO 42.65 MILES. TURN RIGHT ONTO S ORIGINAL STREET, GO 0.11 ILES. TURN LEFT ONTO E HOPKINS AVENUE. GO 0.1 1 MILES. SITE IS ON THE RIGHT. TOTAL * 170.09 -LES 00 ----- 3 g THE CITY OF ASPEN Land Use Application Determination Of Completeness Date: May 26,2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number, name, and property identification number assigned to this property are 0020.2010.ASLU, 620 E. Hopkins Avenue and 2737-073-32-801, respectively. I will be handling this case. 61 Your Land Use Application is incomplete: We found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1. 2. 3. 4. 5. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. Â® Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2778 if you have any questions. *aBk You, /JD/PÂ» Sara Adams, Senior Planner City of Aspen, Community Development Department G:\NEW G DRIVE FOLDERS CITY\PLANNING\Land Use Cases\Current\Sara\620_e_hopkins\CompletenessLetter_620ehopkins.doc Jennifer Phelan From: Jennifer Phelan Sent: Friday, May 14, 2010 5:06 PM To: 'brad.johnson.w@gmail.com' Subject: Wireless Application Hi Brad: I just reviewed your application and we need a letter of consent from the HOA for your application. The building is a condominium form of ownership and the roof location is a common element. I'm assigning this case to Sara Adams, so please provide herthe letter. Heremail address is Sara.Adams@ci.aspen.co.us. Regards, Jennifer Jen+lifer PltetaÂ« AICP Deputy Director Community Development Department City of Aspen 130 S. Galena Street Aspen, CO 81611 PH: 970.429.2759 FAX: 970.920.5439 www.aspenpitkin.com 1 ATTACHMENT 2 -LAND USE APPLICATION PROJECT: '1 Name: AT&T - Aspen (DN4536) Location: 620 E. Hopkins Avenue, Aspen, CO 80166 44~~~~428 (Indicate street address, lot & block number, legal descriptig 9071,a~rop?(ate)/Q Parcel ID # (REQUIRED) 273707332801, TOTEMS CONDOMINUMS APPLICANT: Name: AT&T Address: 188 Inverness Drive West, Suite 400, Englewood, CO 80111 Phone #: REPRESENTATIVE: Name: Brad Johnson for Black & Veatch Corp. & AT&T Address: 6300 S. Syracuse Way, Suite 300, Centennial, CO 80111 Phone #: 303-229-4681 / bradjohnson.w@gmail.com TYPE OF APPLICATION: (please check all that apply): U GMQS Exemption E Conceptual PUD U Temporary Use E GMQS Allotment Â£ Final PUD (& PUD Amendment) U Text/Map Amendment E Special Review U Subdivision U Conceptual SPA E ESA - 8040 Greenline, Stream U Subdivision Exemption (includes C] Final SPA (& SPA Margin, Hallam Lake Bluff, condominiumization) Amendment) Mountain View Plane U Commercial Design Review U Lot Split ~ Small Lodge Conversion/ Expansion 2 Residential Design Variance U Lot Line Adjustment Wl Other: Wireless Telecom E Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, ete.) Multi-Family Residential Building and Rooftop Wireless Telecom Facility PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Remove all 13 existing rooftop mounted antennas and replace them with 6 new antennas. Have you attached the following? FEESDUE:$735.00 E Pre-Application Conference Summary Â® Attachment#1, Signed Fee Agreement E Response to Attachment #3, Dimensional Requirements Form &1 Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards U 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre-application conference summary will indicate if you must submit a 3-D model. 'â€¢1 ATTACHMENT 3 DIMENSIONAL REQUIREMENTS FORM Project: AT&T - Aspen (DN4536) REF- Applicant: AT&T Location: 620 E. Hopkins Avenue, Aspen, CO 80166 vOCIVEL Zone District: Commercial (C- 1) Zone District C city ~:-1 4 2010 Lot Size: 44(so ]A g,472 61.0,4 Lot Area: Lifoo e , r ~.6-4 (for the pdrposes of calculating Floor Area, Lot Area may be reduced for'~~*. within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing.Â· N/A Aoposed: No Change Number of residential units: Existing: 13 Proposed: No Change Number of bedrooms: Existing.Â· N/A Aopo.wed: No Change Proposed % o f demolition (Historic properties only): N/A DIMENSIONS: Floor Area: Existing: /4 1- Allowable: #4 8-oposed:No Change Principal bldg. height: Existing: 46' Allow'abi- 40( Proposed: No Change Access. bldg. height: Existing: NA Allowable: Al ktoposed: No Change On-Site parking: Existing: Nk- Regitired: NA- Proposed:No Change % Site coverage: Existing: N A- Required: N + 13'oposed.No Change % Open Space: Existing: A A- Required: N A- Proposed:No Change Front Setback: Existing: N Ar Required: NA- Aoposed: No Change Rear Setback: Existing: N 4 Required: NA Proposed:NO Change Combined F/R: Existing: N 4 Required: 1~A 13-oposed.Â· No Change Side Setback: Existing: N 4 Required. M A Proposed:No Change Side Setback: Existing: NA Required: NA- Proposed:-No Change Combined Sides: Existing: N A Required: N k AÂ·oposed.Â· No Change Distance Between Existing N A- Required: N R Proposed: No Change Buildings Existing non-conformities or encroachments: None ,. None Variations requestea. . RECEIVED CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTME~T #4'14200 Agreement for Payment of Citv of Aspen Development Application Fece*u~,MI#,offN CITY OF ASPEN (hereinafter CITY) and Black & Veatch Corp. - Telecom (AT&T Turf Project) â„¢4, (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Wireless Telecommunications - Administrative (for 620 E. Hopkins) (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission ancFor City Council to enable the Historic Preservation Commission, Planning and Zoning Commission and/or City Council to make legally required findings for project consideration. unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of $ 735.00 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 $245.00 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 ease will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT A - By: By: Chris Bendon 1,573/7/DID Community Development Director Date: Billing Address and Telephone Number: 6300 S. Syracuse Way, Suite 300 Centennial, CO 80111 720-834-4200 ATCH ~Â® Building a world of difference'. May 13, 2010 Via Priority Mail Attn: Jennifer Phelan RECEIVED City of Aspen Community Development Dept. MAY , 130 S. Galena CrrY li~ 2010 Aspen, CO 81611 COUUUNITY f.?\spEN UtvELOPUENT RE: Wireless Telecom Application Site Address: 620 E. Hopkins Avenue, Aspen, CO Parcel #: 273707332801 AT&T Site Name: Aspen/DN4536 Dear Jennifer, I am writing to you on behalf of AT&T which has a wireless communications facility located on or within the Property at the above referenced location. AT&T would like to modify its antennas on the existing site and enclosed 2 copies of the necessary application and submittal requirements per a pre-application meeting with Ben Gagnon. I have enclosed the following: 1. Land Use Application 2. Dimensional Requirements Form 3. Agreement for Payment Form 4. Check for $735.00 5. Letter of Authorization 6. Pre-Application Meeting Summary 7. Copy of AT&T's Lease and Amendment with the underlying property owner 8. Title Report 9. Detailed Project Narrative 10. Vicinity Map 11. Photo Simulation 12. Drawings Please let me know if you need anything else in order to process this application. I can be reached at 303-229-4681 or via email at brad.johnson.w@gmail.com. Sincerely, scl/ll~--- Brad JoM'Mson Site Acquisition & Zoning Specialist Independent Contractor for Black and Veatch Corporation Consultant to Verizon Wireless Site Name: Aspen / DN4536 Page I of 1 ASPEN ENGINEERING DN4536 / COU4036 * at&t 20) INTERNKIKÂ».* ful[ DIC CODE 2006 NATIONAL ElECTIal CODE 185 IMINESS ORM WER 71V(-212-F OR LATEW [DITION SUrTE .00 GENERAL NOTES 3755002305 ENCLEWooD. CO 80112 RE FACILm IS UNIA-ED #D ,(OT FOR MU-1, IBITATI* A TECHMCIAN Val.L "[T â„¢E Srl AS REQUIRm FOR ROUTINE ~ l~NEMIXI THE PRO/ECT Illi NOT RESULT I AN'r SKMFCANT ISTURBINCE OR EFFIC ON DRAIN~GE. â€¢0 S-ITARr SEWER SE]M< POTABLE WITER. OR â„¢ASH APPROVALS . OISPOSAL IS REOURED AND No CO,86â‚¬RÂ¢'IL. ST/ILE S PROJECT DESCRIPTION Woo~CATORS ~ at&t AltE S~mJEC, To REVIA, Err nâ‚¬ LOCAL eUILD< DCPART-lirT < * E 0-CES OR BLACK & VEATCH nE FOLit-NG P.- *RE~ *PR. * e% â„¢Eg DO~-06'5 *RlZE * PROPOSO. SU~U,rrR.,m~ ro p,tocaD .â„¢, n,â‚¬ CONSâ„¢UCTKÂ», DESCRIED HEREIN AU- DOCUWD~ THE PRChICT cc~stsm OF DI ISTIJAâ€ž14 4Â® OPOnâ€¢ki Of AT&T RF FNaNFFRÂ· ruTFÂ· 10950 GRANDVEWÂ¥ DRM ~ ~~D=U=M~~~~~M~KT~/S OVERLAND PARK,Iff Â£10 (i) ETS Câ€¢EDâ€¢,E-r, (8) Pâ€¢'E ~Iouâ€¢,TED PAW[1- 4,10-S alauDING â€¢Ta. <PO,AT,ON ,-aca _ -W (913) 458-2000 (24) * 24) T--5 AND (24) DIFUJURS 6 PROPOSED *TaT REN fâ€¢;rATF -0-'Â·r- rw.TF SrrE INFORMATION MODIFICATION 602,â€¢:mr ADÂ· 11,'IF PROJEIN NO: 103314 BRV Â©0â€¢e57RUCTO,,W&â€¢Gel - D'JE. - DRA-4 EY. PROPEN;Y O'./. WEÂ»~,rr TITLE Â©CIESS eo L HCPKNS WE- ROOFTOP eav ....''I'/ Wâ€¢~t~~ .. CHECIED BY: â€¢SPEM. 00 Ill' T.*/ O.'ENÂ· MA //0/1/ 00'fi ruÂ·rv m =6 ASM. LOCAL MAP Â£Â»,4.36 / 00'4035 VICINITY MAP 11~TF grE CO,ACT: NA â€¢euk.1 'TE ADO/I/ 620 UST HOPKNG AVENUE epet. C. 6,511 DRAWING INDEX ~Ull"'fÂ· Pm(/ i * t @1.1 ' , r Â· SHEET NO: SHEET TITLE u.rrux 0'll .)Â· W . 21./. 4 39.18944 4 , 1. j Câ€¢.â€¢*Â« - 7-1 TrrLE S,ELIT Lole,UX (100 2 lor 42Â· 36- â€¢ -2424 J Z-t CMER.L.1 91/ PLAM -106.8,5. . Z.2 -- 1-1 Ro. I EOUI*N= .-3 S,TE El.~Aâ„¢,â€¢t (t*Gâ„¢,4 ANnE}-s) GRE*IND ELEVAnON. 701 7 AWSL . . 0 & C*m 002-10, --.*=#* Vent - ' w,e,NA CE}rTE.U./ 3:2 /1 ~ - -- Z-4 SITE Elf?,AnCÂ»1 (PROPOSED i- I i - tOP'ING ./=1/nON: crr, ./.pâ„¢ i : zo-c DIsm,cm R-2 - RE,Com,Â£ 2 2 .0 IN*St 0 273~07312001 - r A 'Ccup,Cr leoupÂ· u Câ„¢51.uCTC. â„¢pt .-14 5â€ž. ~LL-in:ic-- > 2- 15.---9 4%* - .... COW-/ HOLY CNOSS ENERS'f 8161 54 ~,sp,n f l- - ' Tari"â‚¬ CO-/7. 0â€¢[ST ~.______- . ~ - Â·' ~ *I#%.IA / fteof . 4 .1 L Srr~ ,~o~gru~ coÂ»(r,CT: i JOÂ»SON 0031 229-468' RF ..0 C,41Â©10 Pon b,r,w:01 - -*I 1\ i f (383) 643-3840 -P..3 ' ). , A- C, . =Le.:imi#$#r--- 'Crest//8/MI ..' P./.cr ...~ER â€¢0Â·,1.- [303) 400-3090 - - . - / Â· . . ) If I , CoNS.U. 10/ /'40/El ,â‚¬,TH 'EmlerS ~ (303) 250-9621 14' b ASPEN GuÂ·,91,on / DN 4536 / C0U 4036 '' ASPEN, CO 81611 , 620 EAST HOPKINS AVENUE -- WOO - ROOFTOP IF USING 11-xlr PLOT. DRAWINGS , . .Cm DO NOT SCALE DRAWINGS ~ WILL BE HALF SCALE NO SCALE SHEET THLE SuBC[*fRACTOR D*L vEN,rr Ali PLANS a OOST- .........0,6 0,1 â„¢E *le S,TE I SM,LL a,WrD!,m.r â€žÂ¤rrY nâ‚¬ 0,:INEEN I. *5,rn,iC OF *CR[P-ae CONTACT INFORMATION DRIVING DIRECTIONS BEFORE PROCEEDN= irâ„¢ nâ‚¬ "IN OR I E.ON!... FOR luE TITLE SHEET DIRECPONS FROW NEAREST ATAT OFFICEÂ· ING./. at** I .... CC~po~no),1 UNDERGROUÂ»O SERVICE ALERT RAMP, GO 13.19 WILES. AT EXIT 209 8. TURN INGHT ONTO W ITH AVENUE Arr RAMP. GO 2.25 WILES. GO STRAIGHT ONTO US (.00),12.1,07 UllITY :ON CENTER OF COLORADO SHEET NUWBER - FROW INVERNESS ORIVE W, GO 0 37 MILES, TURN LIFT ONTO E ORY CREEK ROAD, GO 0.06 MILES. KEEP RIGHT ONTO I-25 N coâ€¢,1,cmÂ· 6, GO 6.77 WILES, KEEP RIGHT ONTO 1-70 W RAIP, AT EXIT 195, GO 65.33 MILES, KEEP RIGHT ONTO SÂ» 9 1 -,P, GO 22.63 vanÂ¥ UNCC.ORG T-1 MILES. KEEP LEFT ONTO US 24, GO 1 6.18 *AILES. TURN RIGHT ONTO SR 82. GO 42.63 MILES. TURN RIGHT ONTO S ORIGINAL 1-0,4- (720) 834-4331 STREET, GO 0 1 MILES, TURN LIFT OITO E HOPIONS AVENUE. GO 0.11 WILES, SITE 15 ON TME RIGHT. TOTAL = 170.09 WILES . -% -, * -m - I. u==~a- NOTE: Â£ 1 BE RCh,OVED 41,0 REPU,CED .. (63) New <NN. *=5 at&t AR42 ..._ - I I 188 IfNERNESS DRI~E WEST : r .... 400 ENQIWOOD. CO 801 1 2 1 V :1 Ir . AE.[ a..1 | 22.C .61.- E- h, Ala - L-_n i' 1 U _ T 1 m ~V' rt, M 1 - BLACK & VEATCH I,/1 4.: .. ti im " (5) PROPOSED 11 l- ~~ ~ __ 1 0950 GRANCMEW DAVE 0,0) 1613t4 â‚¬'I.ll. ./.0/I $ (913) 488-2000 ~EBLAND PA,/ KANSAS 6821 Q I. '27 trtiÂ»~1.~f--F =1 - - PROJECT NO: I X 19 -, 9-2, 1 0,[CKED EN: ./ - t. '. -7 Ncy,en ' 1--- : C I.M.1 _ -' * % 1 7 ' A ./0/te ~C>~C-O U' c.. -#9%04 1 td 1 -â‚¬747... #Cr If- & ./C -- i: e ! I I I A ....... ........ ~,CEs r,â‚¬r I. I- 'll' I. ...- y . .case ~;Cri=~M. 90â‚¬D. m NJER P- 00~1-0(1 [7;= Â« I'l ASPEN .:NG I & [Uu:.ENT ACOM Al â‚¬.. .VÂ·.1 F.:,OV AT D....T O ./.I EA'.Fur'.: U BÂ·: D Â·4 - DN4536 / C0U4036 LEGEND 620 EAST HOPKINS AVENUE ASPEN, CO 81611 FENCE WOD - ROOFTOP 2 *DGE ~ 0,15 VENUE - - - - - -- -------'- LEASE AREA --_-__ FEET T!TLE lig,Ell POWI OVERALL SITE PLAN UNDERGROUND IC#El - (M-EAD Lmm... SM[Er NUWBER EXISTING ROOFTOP PLAN PROPOSED ROOFTOP PLAN LJNDENGROUND TELCO -uer- SCALE. 3/1. - 1 -y 50~LE. 3//0 - r-Cf ,~~ "DERWI"O Z-1 P'OWER *Â© TELCO -.-1 U.". - t/<.tÂ·< hÂ¥4'AWAWAW,Â¥Aâ€¢~â€¢~â€¢ EXISTING ANTENNA TABLE %...'I.'...'I npE .47'F- 6-~. /1 " PO~Em,AVE 7770 SEÂ·Ii 1-,5 3 Al-GON ./0-~0-135 gÂ·.il. .-I'l 188 IN/ERNESS IRMÂ£ WEST hi . 111 . 0 A: 4 r,Â· SUITE 40/ '.0,1..,1 1, ENCLE'~OD, CO 8019 3 ' .67 .'i~,1- r . .. CAULÂ·; .E -C. i , jl BLACK & VEATCH l../E- Â·C. & ,1 // ./ -----I'll~:t 'T'I ow=M #~~LOU-z,o AZ 'i JT' /3:.7/ 231C Trt (913) 488-2000 GDxtinNQ-15*FIQUI PROJECT Q. :63314 OR-N BY CMECKED I .ED v,Â·ic. -Â·--E Jib: LiNA , 1./- A-I- .7,/' A rop Qi ..r,re - 31,Â·TED . --Cl I Â· Il 11'1~,~bl ' .Il r" I-- Â·-- - 2 1,1 :11 lili! J - A Ji. r..P E.D. I'. ./TA+rU, 41.1 .--_.â€ž '1 1,-_L+ 11,111. 1, 1.Pt.Frirk -- ---0~157- mâ€¢. r Â·i-E 2 ' 2, i,-1-3-U.-4*- Adal-'- 2 2 JLD V . -r~~ 44, LT 4 1 A ', 42. L '-1â‚¬-- / Pt ,... 525Â©93-~41 . ....10 ... ./.'W' EV..11 i--T--71-1.17 , r=-:--r-Â»m-Ii-Pr L~~IO--;i -:1 4 11 -0/ 12>44~11:|~Ii-~hillt:Â·ftit-,Â« .<~ lit 4-- 9--4=~fâ€ži - 60, --P.--L' . 1.- 9%50 4904' 4. 42 iO ~ 6 49.9- i , 1Â·~:~~~~ :~4'i E. 4 Alt M Ii, : 14:': :i : ':-2:::20:>Ult-4 I 1/,4. ,-1...../ il LIL. 1_1. U.::.liz..:.-~0.~.-. TO a.,0 TI,$ MC~~,IL ASPEN L .1.5,3., 1,1,4-11;1Â·'~Â· 1 ! 1111/1 I,-1'irl[ DN4536 / C0U4036 620 EAST HOPKINS AVENUE tu--iprft]~4(4--1-- ~-1 'I :irt[*ffi,6.-i- -~:-1-!zo~Â«th,1-,#,r~'0~ Â£<-~ ~ ASPEN, CO 81611 M MOD - ROOFTOP I 1 I. -Il] 21 -IJ-2151Â·'Â·r,11,5.1 -29 -Zi-in,-.I,~~1.inr. 1-:1- :1-1 ::---'Â·~-)':!14iN-Â·di ' A rt ;f 71-1.-1492.:Â·44! 1 --' - ---- ~ ':Â·'I-41: *I .>-:1-:Lf --1 - -446-f;:,4 11-~3' b.'~.43%299 , t .1-~Lpti TÂ· Â·~ ~T f-1.T. - Â·-Â· -Â·- -+J_li SHEET TITLE 44-'~I~~lk. .1 -Â· S]TE ELEVATION '.- h ..J. 1~ f...:. 26.,4..1~4417..../93419--iff.5......9<fj# th; <r~6 A~~7 - SHEET NUMBER ' ....NT EAST ELEVATION (EXISTING ANTENNAS) SCALE: 3/te - tÂ·-C . / . O I 1. Z-3 KELINQIES ' 0' U. lk, *=5 at&t HES /#NESS DRIVE *ST ( F. JEW ./.,U SurrE 400 ENCLEWOOD, CO 80112 G . li - 3â€¢ f Â·Â· r . A.1 I. I F.Nt- ,2 J ' ix,~ It' I.' i V'/ I O PROPOSED ..1 1*XI I BLACK & VEATCH ~ - 0. 1 - 1. - 10950 GRANDVIN ORM 9'1Mf:,sm# â€¢4210 ./ .. %. I. I. I .1~. 4.4 h I i i PRWEC NO: 1/3314 -- 711----F- -=-70 - 7 4 --- De..4 * IN 9 I. l c"En en ./ 1 1 I - 1 4 ~ 2'-4 ~ 1'-1~ ~ 2-7 ~ 3,42.--- 7 Â®! I -" 1 4 M - C + U I 4 <C) 1 1 + 2 '11 ' 411 4 .r 1 N - 1 1 3 A o....10 -0 M. 'ril t " ~*.L ' ' L_11.1 L 4.Â© 11 C-1 F i t. \-1 I Â· '~,i Lf.; fii' i -6 PU 1 j :.0. (01 1 : 12 ~ L__ 1 1 L --- --- - ' </A# 1 i 1 -ri - i 1 1 4.i '11| Â· .- 1 : e 4 (EÂ· 1 B.9 L_ ~ 06<29 4---2/1 r--- E--1 - E ,/ toy -77 V 1,5 1 liu 1 + Il (Â·0 1 1 3~ _____i f;] .iv to f F' 1 , , P..lf. - H . A i .,1 .2 939- 1 1.- - -t L -:,- j Â«- L.LU 1 7 1 '- i .46:*if-- ASPEN DN4536 / C0U4036 620 EAST HOPKINS AVENUE ASPEN, CO 81611 ~0~~ ROOâ€¢ 4 PROPOSED EQUIPMENT I AYOUT â€¢OD - ROOFTOP SCI. 3/4--1Â·-/f ROOM & EXISTING EQUIPMENT LAYOUT S~LE. 3/4'-1Â·.f Siâ‚¬IT TITLE SHELTER & EQUIPMENT LAYOUT SHEET Nlâ„¢SER Z-2 3/4--1Â·-0- I ./ , PROPOSED ANTENNA AND COAXIAL CABLES REQUIREMENT SEC-loR *fle,Nâ€¢ M .ANTE,46,~ U I 1 H...0 ~~ 00*,u.L C.LI â‚¬5 at&t . Elli or'r. ....TH nmE r =111 r : TENX. 65-:90,2--(2 W.lr rr .3- 0 0 50Â·-1/ 4 71 ./ AL id TDO,C I.-05.-1//12-02 61...... 75 / I 50â€¢-1/ 4 71Â· A./ - 0~ TE~0(C SSâ€¢-065-1~212-02 -,31/ lee o W-1/ 4 71Â· * 188 I~.â‚¬RNESS DRVE VEST SUITE 400 . -r.. @SA--Dgs--1~7'2-(32 . . 5.-1/ 4 71Â· A~~3 ENGLEWOOD. CO 801 1 2 :1,4 - '/ A $. E *.p.'H# ' [2 TE,0(2 8,â€ž-065-19/12-Â·/ 64-*3:/ 300 0 0 5.--1Â¢ 4 .' * rl ' ----- -- --I...... caT ./rl... C4 TENX' BSÂ»-063-1,v212-412 64-87 4 XX7 0 0 50Â·-Â·d â€¢ 7,Â· A'A5 / fye t, I NicÂ£,A Â¢2 I 1 / M 9=1â€ž 1 h AZIWUTH 75 - NQIES LIC-Art~ULL_-Ti .~ 4 1 - - -- - - -9 1. 41 ./ CABLÂ£3 -UL ./ CROUNCED ./ C~X* CAeLE DROU,:Mmil 1Â¢r' ll- BLACK & VEATCH A- ./ AIrrD,ya LE.4 8 ..0 .E~ IF TC-Cm I ./. 200% C. ./.OF ......TO TURNIC; HORIZONTA. 1 0960 GRANOVIER DRME C. OUTSOE â„¢10 EOLA-ENt .... AT ...... 04#lAND) PARK. â€¢:.eâ€¢sâ€¢5 08210 83 8, E. IN,~X â„¢E ....O. 9â‚¬l,ER . /. ENmf FORT. (913) 42-2000 A .1.../TH AZ.uâ„¢ 2 â€¢4 -,0/CID CRO'â€¢,DI,/ sâ€¢.R 00â€¢Na*)S ARI 70 al EXOTHE,al,CED TO THE 805!ING lacr 18Â¢ ,D*[,fr GROu,0/G ./ AOS â€¢ *-j VICE 0/ FOUR ...... 0Roull// Vi...... 6 WA. 3. fr I /â‚¬ CONâ„¢,CTURÂ·5 RESPOf,mell.rrÂ¥ TD VE,t,Fr ~,fTENNA ./ . x Cof,â„¢*-mON, M. ~ ~.~ht PROPOSED ANTENNA LAYOUT ANC Woo - ,Â«]FN]P ,Â»g~Q TO 1,5,01.Ar~L PRWEn K 163~14 ~K) SCALE 4 4.4 CONâ€¢.........5. SFPC*li .i<. I. U. . /.ED P. TO,02 DRAWN EY: *iÂ·S .Re DETâ€¢AS. CHECKED I 5. /â‚¬ 0.... 5â„¢U:rURE IS .......ING Â»00Â·ZID lillie 10 ...... -E..1 Â·Â·L .w '- ST,~,CruRAL C*â€¢Cm~ TO CARRY T)â‚¬ PI,OPO~D NEW COÂ« â€¢,40 ANTDÂ»ag, TDâ‚¬SE DR-~OS ....0: ..... ,-1 SEEâ€¢ CREArED = C,4 THE â€¢55U-nON â„¢E ~NUCIU~ A-c,=S WILL 91, nÂ«I â€¢ THE 5TRL,Â£7UNE % Â¤â„¢r CAP,cmr yo .IrKÂ»rr â„¢[ MÂ«,OSED NE. L~[1 *- ON OF THE CO~* 0-0 ANT,--AS SI,Â£1 1~OT CO-D,CE UNAL ,#4 APFNO,ED 1 I p. (e) p;,cpo~0 0. ~rrEÂ»,AS TO 5â„¢unIA* .........EIN RECE-0 E. THE .-ER OR ..T ./ .S 'EDâ€¢ REâ€¢~E,ED . IL.â€¢CK AND *O. 8 SueCON-CTOR Slt,LL //ll/OCE â„¢E TO~U, 5rRUCn-4 0,44.INIFIN OrianfCS FOR rÂ»RECBO,IS CÂ»N C,af DISTRIBWÂ»4'Rour~C. 4 C4,7143;-*Ir- 1-Fi - C'11'- 1 H ' -1 - , \ lip. COAXIAL ANTENNA CARI f NOTES '-N-tr' #91 141...7--r. -1 71TJ_-4 1| r--~ ~lr~-1 1 11 32- "1Â·4.Â· r.Â·4: /+1AL/ TIES ,/C IZES M â„¢E ANTâ„¢# Ce.Â£ 'AE aIER ) El"ED LOK/neS. PRIOR k *:4442~~+ FRI 4-2 6.- - P..'rf T.3 0/li/ ORDER*,G CABLE CO,m,â€¢CTOR SM,LL V[N/Y /CTUAL ,/1/01~4 ISED ON 001â‚¬Sm~*31Â·1014 Vefot, . 0"14.0 -0 ..... * fâ‚¬Trr THE PRC.Â£21 ....CEN F ACTUIL LOCâ„¢5 EXCERD I."I'TED LENITHS .0 C.. CE.C.... // I./,!Il 't_- 2. CO,r,1â€žCT. S,-1 VE.Fr â„¢E DC-mLT OF â‚¬,01 ./.1.... I.A. Liâ‚¬L -' ~1 1,114441-rÂ£r'111_'~ ~1~L~.2~1,--4_'Â·gÂ·-gl: 2' 1~~ r -rl Â· ' 3 t~ lt) CONF- CO,X CCUM COOIC /1011 10 CONSâ„¢UCT,ON. VIEN X -A,~EP*.6~ / Â·Â·liÂ«NO -4 ~4Â»419 61-27 1 5,5'~ LA@El-; .6,*Cr /0-00027 WEST â€¢â‚¬ASON, d s To TDâ‚¬ ANTEN~us fltoM â„¢E -01 1-~6~SSION LNâ‚¬ -LL BE 1/7 - iof 42Cf 1''ll T--Ii #1~1>..VI~.1 ,1,- 1. L--A~44 A_,_! i I' Â·,1 -- . ..L._1, ..Jâ€ž.J ..:gÂ·4-1 -D % 'm EJeCEED 6,4 .AP -LT-4- I ILL cOU.. C-I .. .. 3[WRED 10 1,1. DOO,ED Si,POm Sâ„¢UCTU~ â€¢T ..... NOT TD EXCEED .' -d' O.C. 639 6, COâ€¢,1-CO~ WUST #0* 0-*rS 0Et=Â£1./. REG<% /I i , 1~SIALi,1.0/ CO,rk ....CO-ECTORS. ./ ~VID-1 <009 ._, -r~ T' ~~- . i. -# 7. ,eTHERPROOF All A'ITI," CON,ECTO/ VIA 'Ely AM~.C~avING TAPE to 0 2, 4-2- 1, 11 1 1 1,1 !11 Â§11 1 lili, 1 11,1 ~.. 1 1 Ill- fv #*CE=*ZEr:_-If~ A.7.'I-t:19?putdâ‚¬*99Â«itÂ©4 'ICUZZâ‚¬I~ttz i i Â· T r,i '176 1 . â€¢ â€¢ =... 7 ...... pE*so,~. ....../.-'ll- TO ... 5/ Coeu.xr ASPEN '1.' .- -73' -44**I+37 DN4536 / COU4036 [42-~. -LIR(3-ilt*LP--6-3.:.-f.-773:itttytfilÂ·,1,1-:-9'~L-' 620 EAST HOPKINS AVENUE ASPEN, CO 81611 PH '- ~- jf, 1-L:lli:S:.-*-i:>- - 1.....11,1.1: .Ljl :-;c vittliZ~al:, p T,-, i - MOD - ROOFTOP $:-4 -; A.-ir JT,-I:r-4=0 + 4221-Lit~lâ‚¬*94*14Â·--=71-*PE,49*%<,+A~f . - ; 1' T ''- -E--Â·~-1-'!,i,- T'~-T -~1-r-Â· Â· ,1 r I~~ J.11,i 1~ 4 ~-- -' 1~11_JFil''Ltl~L~~','IJ 1 11~ SEIT TE SITE ELEVATION -Â· /.4 9â‚¬ET NUISER 041.N. .1/1 F.'â€¢Â·PM21- '0(Â·U â‚¬ $,[44.. 1 EAST ELEVATION (PROPOSED ANTEN NAS) 81 4. 2 0 . 10. Z.4 CIR Fl'Â·ILD,â€¢10 - .... .-I sc"E: 3/1 r - Â·Â·-d. 3/1/-iÂ·-4 3 /1 - 1 TOP OF PROPOSED ANITINÂ»S I â‚¬ at&t Rick Sullivan Rocky Mountain Real Estate Manager 188 Inverness Drive West Suite 400- Englewood, CO 80112 phone 303-643-3616 fax 303-643.3707 RECk c:JA, R'YED CQ'44Â¥ 0/2. <010 Letter of Authorization *744*4 49447 To Whom It May Concern: AT&T (New Cingular Wireless PCS, LLC, d/bia Cingular Wireless), hereby authorizes Black & Veatch Corporation with an address of 6300 S. Syracuse Way, Suite 300, Centennial, CO 80111, its attorney's, agents, or representatives to represent AT&T in real estate transactions and make any necessary zoning petitions including the filing or building permit and other land use permits and or applications. 4-/ <12,1 ' Rick Sullivan hs'. R ul Es kle. 4 Â£046 triction Al:,ta~ u 05 1 O fi 1 1 0 Date /1 GmiÂ¢1 - Pre app Page 1 0 f 2 Gmail Brad Johnson <brad.johnson.w@gmail.com> byl :09* Pre app 3 messages Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> Fri, Apr 16, 2010 at 12:36 PM To: brad.johnson.w@gmail.com Brad, Pre application form is attached. Let me know if you have questions. I'm out of the office from 4/22 through 5/10. Thanks, Ben Gagnon Special Projects Planner Community Development Dept City of Aspen 970.429.2755 Â£19 Pre App 620 E Hopkins.doc EJ 38K Brad Johnson <brad.johnson.w@gmail.com> Fri, Apr 16, 2010 at 12:58 PM To: Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> Thanks Ben. How long typically does the review and approval on something like this take? Also, can I mail you the application? To your attention? Thanks, Brad Johnson Independent Contractor for Black & Veatch Corp. 303-229-4681 mobile brad.johnson.w@gmail.com [Quoted text hidden] http ://mail . google. co m/ma i l/? ui=2 & ik=ed42 be 1 Ode&v i ew=pt&q=ben&sea rch=query& th= 1... 5/3 /20 1 0 Gm41 - Pre app Page 2 0 f 2 Ben Gagnon <Ben.Gagnon@ci.aspen.co.us> Fri, Apr 16, 2010 at 1:08 PM To: Brad Johnson <brad.johnson.w@gmail.com> If the Director doesn't see any visual impact issues, it should take a week or two just to get to his desk and off it again. If there are issues, it depends... Make sure to include the previous land use approval that allowed the array in the first place. You can mail the application to: Jennifer Phelan Deputy Director Community Development Dept City of Aspen 130 S. Galena Aspen CO 81611 From: Brad Johnson [mailto:brad.johnson.w@gmail.com] Sent: Friday, April 16, 2010 12:59 PM To: Ben Gagnon Subject: Re: Pre app [Quoted text hidden] http://mail.google.com/mail/?ui=2&ik=edÂ£12be 1 0dc&view=pt&q=ben&search=query&th-1... 5/3/2010 CONDOM1NIUM DECLARArrION FOR THE TOTEMS A CONDOMINIUM THIS DECLARATION is made this 02_t- day of mneC..N~ , 1999 by GRANITE PROPERTIES INCORPORATED (hereinafter called the "Declarant"), Description: County of Pitkin, State of Colorado: Lot P and the Easterly One-Half (%) of Lot O, Block 98, City and Townsite of Aspen; also known as 620 Hast Hopkins Avenue, Aspen, Colorado 81611 (the "Properly") RECITAI.S A. Declarant is the owner the Property in the County of Pitkin, State of Colorado described above, and B. Declarant wishes to create a Condominium Common Interest Community in which portions of the Property, described above, are designated for separate ownership and the remainder of which is designated for common ownership by the owners o f the separate ownership portions. The name of the condominium community created hereby is "The Totems, a Condominium." C. There is currently constructed on the Property improvements consisting of one (1) structure containing two (2) separately designated commercial condominium units on the first floor, six (6) separately designated storage condominium units in the basement, and five (5) residential condominium units on the second, third and fourth floors which are Residential Units as hereinafter defined, Parking Space Units Numbers One, Two and Three and all of the remaining property. D. Declarant wishes to establish a plan for the ownership in fcc simple of the condominium estates subject to the easements, restrictions, reservations, rights-of-way, conditions, taxes, and assessments of record, and reservations in this Declaration consisting of the area or space contained in each of the air space units located in the building improvements, and the co-ownership by the individual and separate owners thereof as tenants-in-common of all of tile remaining property (except such property as is otherwise reserved herein), which property is defined below as the Common Elements. 11111111111111111111111111111 lili 111111111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 1 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 1. DEFINITIONS. 1.1 Act. "Act" means the Colorado Common Ownership Interest Act, Article 33.3 of Title 38, 1973 Colorado Revised Statutes, as amended. Each capitalized term not otherwise defined in this Declaration or on the Plat of The Totems Condominiums shall have the meanings specified or iised in the Act unless otherwise modified herein. 1.2 Articks. "Articles" means the Articles of Incorporation of the Association. 1.3 Association. "Association" means The Totems Condominium Association, a nonprofit corporation organized under the laws o f the Stale of Colorado, o f which all Owners of Units shall be members, and which shall be charged with the management and maintenance of the Project. 1.4 Association Property. "Association Property" means all property owned by the Association. 1.5 Bgard. "Board" means the board of directors of the Association, and is the board designated herein to act on behalf of the Association. 1.6 Building. "Building" means the building improvement comprising a part of the Project, including the basement floor, floors one (1) through three (3), and any other building improvements comprising a part of the Project and containing the Units. 1.7 Bylaws. "Bylaws" means the Bylaws of the Association. 1.8 Commercial Units. "Commercial Units" shall mean all commercial units in the Building, including Units 6 and 7. 1.9 Common Elements. "Common Elements" means all of the Project, except the portions thereo f which constitute Units or Association Property. The Common Elements shall be owned as tenants-in-common by the Owners of the separate Units, each Owner having an undivided interest in such Common Elements as hereinafter provided. 1.10 Common Exoenses. "Common Expenses" means and includes: A. Expenses of administration, operation and management, repair or replacement of the Common Elements and Association Property ofthe Project; B. Expenses declared Common Expenses by the provisions of this Declaration or the By-Laws of the Association including -2- 1111111 lilli 111111 lili 1111111 lili '11'11111 lilli 1111 lili 429811 04/12/1999 04:050 CONDO DE DAVIS SILVI 2 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO hazard insurance fur loss to the Common Elements, the Association Properly and the Units; C. Al[ sums law fully assessed against the Common Elements and Association Property of the Project by lhe Board of the Association; D. Expenses agreed upon as Common Expenses by the Association; and E. Expenses as are provided in any management agreement executed by the Board. 1.11 Condominium Unit. "Condominium Unit" means fee simple title in and to a Unit, together with the undivided interest in the Common Elements appurtenant to that Unit hereinafter described. 1.12 Declarant. "Declarant" means Granite Properties Incorporated, a California corporation ("Dectarant"), and its successors and assigns as the terms "successors and assigns" are herein limited. A party shall be deemed a "successor or assign" o f the Dectarant, only if specifically designated in a written and duly recorded instrument as a successor or assign of Declarant under this Declaration and shall be deemed a successor or assign of Declarant under this Declaration only as to the particular rights or interests of Declarant under this Declaration which are specifically designated in the written instrument, except that a party acquiring all or substantially all of the right, title and interest of the Declarant in the Project by foreclosure, judicial sale, bankruptcy proceedings or by other similar involuntary transfer, shall automatically be deemed a successor or assign of the Declarant, as Declarant under this Declaration. 1.13 Declaration. "Declaration" shall nicanthis Condominium Declaration, together with any supplements or amendments thereto, and any plats or maps of the Project which have been recorded in the office of the Clerk and recorder of Pitkin County. Colorado. 1.14 General Common Elements. "General Common Elements" or "Common Elements" or "G.C.E." are the Common Elements reserved for use by all the Owners by virtue of not being Limited Common Elements and means all of the project, as hereinafter defined, except the portions thereof which constitute Units, and also means all parts of the building or any facilities, improvements and fixtures which may be within a I.jnit which are or may be necessary or convenient to the support, existence, use, occupation, operation, maintenance, repair or safety o f the building, or any part thereof, or any other Unit therein. Without limiting the generality of the foregoing, the following shall constitute General Common Elements: -3- 1111111 lilli 111111 lili "11111 jill 111111 111 lilli '111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 3 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO 1.14.1 all of the land and easements which are part of the properly, including the garden area providing access to the Units, and all lacillties desigilatuil ab 0:11cial Common Elements on the Condominium Map; 1.14.2 all foundations, columns, girders, beams, supports, and all other structural components ofthe building, lobbies, entrances and exits, exterior walls o f the building, main or bearing walls within the building, supporting walls, fire walls, floors, main or bearing subflooring, ceilings, windows, exterior doors of a Unit, chimneys, roofs of the building, access corridors, fire escapes, stairs or stairways, and halls necessary to the safety, maintenance or common use or access; 1.14.3 all utility, service and maintenance rooms, space, fixtures, apparatus, installations and central facilities for power, light, gas, telephone, television, hot water, cold water, water conditioners, heating, snowmell systems, refrigeration, air conditioning, trash incineration or similar utility, service or maintenance purposes, including, but not limited to, fumaces, tanks, pumps, motors, fans, compressors, flues, vents, similar fixtures, apparatus, installations and facilities, sprinkler systems, janitor's closets, and general storage rooms; 1.14.4 all interior and exterior gutters and vertical roof drains, pipes, wires, ducts, cables, conduits, public utility lines and installations ofall utility services, including, but not limited to, power, light, gas, hot and cold water, and heating; and 1.14.5 all other parts of the Project used in common by the Owners, or convenient to the Project's existence, maintenance and safety; except: (a) portions of the Project contained entirely within and servicing only one Unit; and, (b) portions ofthe Project which are designated as Limited Common Elements under this Declaration or on the Map of the Project. 1.14.6 Any short or long term use of the General Common Elements, for storage or any other purpose, with permission, as required under this Declaration, will not constitute the acquisition of title thereto or reclassification of such part of the General Common Elements as Limited Common Elements. 1.14.7 The Limited Common Elements or L.C.E. shall be identified herein or on the Map, and designated as appurtenant to a particular Condominium Unit herein, or on the Map or in a deed from the Declarant. Any door, window, balcony, porch, patio, window well and the area dug out for the window well, fireplace, deck or yard areas, parking spaces, and storage lockers which are accessible from, associated with and adjoining a Unit, or areas identi fied as Limited Common Elements on the Map, and designated as appurtenant to a particular Condominium Unit, shall, without further reference thereof, be used in connection with the Unit to which it is appurtcnant to the exclusion of the use thereof by the other Owners, except by invitation. 4- 1111111 lilli 1111111111 Â®111 lili '11'll 111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 4 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO 1.1 5 Map. "Map" means the Condominium Map referred to in Article 2 below. 116 Managing Agent. "Managing agent" means any person, corporation, partnership, association, firm, or any other legal entity employed by the Board to perform the management and operational functions of the Proj ect. 1.17 Member. "Member" means those persons or entities, including the Declarant, who are the Owners, from time to time, of the Condominium Units and hold a membership in the Association by virtue of such ownership. 1.18 Mortgage and Mortgagee and First Mortgage and First Mortgagee. A "Mortgage" shall mean a mortgage or a deed of trust or similar security interest encumbering a Condominium Unit and a Mortgagee shall mean the person or entity who is the mortgagee or beneficiary thereto. A "First Mortgage" means a Mortgage in a position of first priority on the Condominium Unit it encumbers and First Mortgagee shall mean a Mortgagee whose Mortgage is iii a position of first priority. All other Mortgages will be defined as "Junior Mortgages." 1.19 Owner. "Owner" means the person or persons, or entity or entities, including Declarant, who owns fee simple title to a Condominium Unit. The term "Owner" shall not include the owner or owners o f any lesser estate or interest. 1.20 Project, "Project"meansalloftherealproperty, Condominium Units, building(s) fixtures, personal property and improvements submitted to this Declaration. 1.21 Real Property or Property. "Real Property" or "Property" means the real property located in the City of Aspen, Pitkin County, Colorado, described above. 1.22 Related Party. '!Related Party" means any guest, invite, licensee, tenant, customer, agent or employee of an Owner, any member o f the family of ati Owner, or other person who uses the Condominium Unit, and any person or entity, not an Owner, who has acquired any title or interest in a Condominium Unit by, through or under an Owner, including a lessee, licensee or mortgagee, and any guest, invitee, licensee, subtenant, customer, agent or employee of such a person or entity. 1.23 Residential Units. "Residential Units" shall mean all of the residential decd- restricted Units in the Building, including Units 1,2,3,4 and 5. 1.24 Storage Units. "Storage Units" shall mean all of the storage units in the basement of the Building, including Units 8, 9, 10,11,12 and 13. 1.25 Unit. "Unit" means a physical portion of the common interest community which is designated fur separate ownership or occupancy, consisting ofone (1) individual air space which is contained within the unfinished perimeter walls, floors, ceilings, windows and doors of each -5- 111'11111111 '111'l lili 1111111 lili lilli 111 '1111 lili lili 429811 04/12/1999 04:0SP CONDO DE DAVIS SILVI 8 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO Commercial, Residential or Storage Unit as shown on the Condominium Map to be filed for record, together with all fixtures and improvements therein contained, but not including any structural components of the building or other General Common Elements, i f any, located within the Unit, The Parking Space Units include only the area, designated on the Map, whercupon a motor vehicle can be parked. 2. MAP 2.1 Map. There shall be filed for record in the o nice of the Clerk and Recorder o f Pillin County, Colorado, a map, hereinafter referred to as the "Map," which Map may be filed in whole or in part, depicting thereon: 2.1.1 the legal description o f the property and a survey thereof; 2.1.2 the name and general location of the Project; 2.1.3 the linear measurements and location, with reference to the exterior boundaries of the land, of the building(s) and atl improvements built on the land; 2.1.4 floor plans and elevation plans of the building(s) showing the location, the designation and the linear dimensions of each Unit, and the designation of the Limited Common Elements; 2.1.5 the elevations o f the unfinished interior surfaces of the floor and ceilings as established from a datum plan, and the linear measurements showing the thickness of the perimeter and common walls of the building; 2.1.6 a legally sufficient description of all easements serving or burdening any portion of the common interest community; and 2.1.7 the extent of any existing encroachments across any common interest community boundary. The Mapandany supplement(s) thereto shall contain thestatements ofi (1) the Declarant, submitting the property to the provisions of this Declaration; and, (2) a registered land sun'eyor certi fying that the Map fully and accurately depicts the layout, measurements and location ofall of the building(s) and improvements, the Unit designations, the dimensions of such Units, and the elevations ofthe floors and ccilings. Declarant hereby reserves unto itsel f and the Board the right, from time to time, without the consent of any Owner being required, to amend the Map and supplement(s) thereto, to conform the Map to the actual location of any of the constructed improvements, to establish, vacate and relocate utility easements, access road easements, and to establish certain General Common Elements as Limited Common Elements. -6- 111111111111111111111111111111111 111111111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 8 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO In interpreting any and all provisions of this Declaration or the Bylaws, subsequent deeds to and/or mortgages o f Condominium Units, the actual location of a Unit shall be deemed conclusively to be the property intended to be conveyed, reserved or encumbered, notwithstanding any minor deviations from the location of such Unit indicated on the Map, 3. DECLARATION AND EFFECT THEREOF 3.1 Declaration. Dectarant, for itself, its successors and assigns, as owner of the Project, hereby declares that the Project shall at all times be owned and held in condominium ownership under the Colorado Common Ownership Interest Act and shall at all times be owned, held, used and occupied subject to the provisions of this Declaration. In the event the Act is repealed, the Act as existing immediately prior lo its repeal shall remain applicable. 3.2 Division into Condominium Units/Time Sharing Prohibited The Project is hereby divided into two (2) separately designated commercial condominium units, consisting of two (2) units on the first floor, all of which are Commercial Units, as hereinafter defined; and five (5) residential condominium units on the second, third and fourth floors which are Residential Units as hereinafter defi ned, six (6) separately designated storage condominium units all of which are Storage Units located in the basement, and all of the remaining property each consisting of a separate fee simple estate in a particular Unit and an appurtenant undivided fee simple interest in the Common Elements. The percentage o f undivided interest o f all Condominium Units (Commercial and Residential) in the Common Elements appurtenant to a particular Unit is as is set forth on Exhibit "1" attached hereto and incorporated herein by this reference. No Unit may be timeshared or broken into any similar form of interval estate. 3.3 Allocation of Interests in Common Elements and Common Expenses. The Common Expense obligation attributable to each Commercial Unit and Residential Unit shall be as set forth on Exhibit "1" and as otherwise determined by this Declaration. Each Unit shall be allocated votes in the Association in accordance with the assessment of Common Expense. Each Unit will be given one (1) vote for each one percent (1%) in the Common Elements, as set out in Exhibit "1" In the event any Unit is added or the units are combined pursuant to Article 3, Paragraph 3.9, the resulting allocated fractional interest of the Unit(s) in the Common Elements and Common Expenses shall be adjusted in a like manner to that set out in Exhibit "1" and adjusting for the addition or combination o f square footage. Each Owner shall own its appurtenant undivided interest in the Common Elements as a tenant in common with all other owners. 3.4 Ownership of Common Elements. Such undivided fee interests shall not be amended without the prior written consent o f a majority o f the Owners having a fee ownership in the Common Elements and all First Mortgagees, except as provided herein. -7 111111111111111111111111111111111111111 111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 7 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO 3.5 Reallocation of Limited Common Elements. The allocation of Limited Common Elements may not be altered without the consent of the Unit Owners whose Units arc affected, Subject to the provisions of this Declaration, a Limited Common Element may be reallocaled between or among Units after compliance with the procedure set forth in the Act. 3.6 Description of a Unit. Any instrument affecting a Condominium Unit may legally describe it by the identifying Condominium Unit number shown on the Plat as may he amended from time to time. A legal description of a Condominium Unit in the Project may be in the following fomi: Cotidominiuni Unit __~ The Totems, a Condominium, Pitkin County, Colorado, according to the recorded Plat and Condominium Declaration thereof in the Pitkin County Colorado records. 3.7 Duration of Condominium Ownership. The condominium ownership under this Declaration shall continue until this Declaration is terminated or revoked, as hereinafter provided. 3.8 Combination of Units. Declarant hereby reserves the right for itsel It its successors and assigns, to physically combine the area or space of a Unit with the area or space of one or more adjoining lJnits, and the aggregate of the undivided interests in and to the Common Elements appurtenant to such combined Units shall be appurtenant to one enlarged Unit which shall result from such combination; provided, however, that Declarant shall not exercise said right without the written consent of any Owner and any Mortgagee having an interest in said Unit. Any such combined Units may subsequently be separated into Units in conformance with the Map, provided that all expenses of combining or separating any adjoining Units shall be borne only by the Owners o f said Units, and such construction work shall be accomplished in compliance with the provisions of Paragraphs 4.11 and 4.12 of Article 4 hereof. The Declarant may exercise these rights only in confonnity with C.R.S. Â§38-33.3-210. 3.9 Inseparability of Condominium Unit. Each Owner shall at all times be entitled to the percentage of ownership in the Common Elements appurtenant to such Unit as set forth iIi Exhibit "1". Each Owner shall own such undivided interest in the Common Elements as a tenant in common with all the other Owners o f the properly. The percentages of ownership in the Common Elements as set forth in Exhibit "1" shall, except as otherwise provided in the case of combination and further subdivision, remain constant unless thereafter changed by written agreement of a majority of the Owners, Each Unit and the undivided interest in the Common Elements appurtenant thereto shall together comprise one Condominium Unit which shall be inseparable and non- partitionable, and may be conveyed, leased, devised or encumbered only as a complete Unit, and subject to the terms, conditions, and obligations hereof. Every gift, devise, bequest, transfer, encumbrance, or conveyance of a Unit shall include only the entire Unit, together with all appurtenant rights created by law or by this Declaration. -8- 111111111111 mi ll'11111111 lili 111111111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 8 of 44 R 221.00 0 0,00 N 0.00 PITKIN COUNTY CO 3,10 Title. A Condominium Unit may beheld and owned by more than (1) person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of the State of Colorado ("Multiple Ownership"). in the case of Multiple Ownership of a Unit, voting will be in accordance with the procedures set out in 7.5 below. 3,11 Partition of Common Elements Not Permitted The Common Elements shall be owned in common by all Owners of Condominium Units. No Owner or any other person shall bring any action for partition or division of the Common Elements. S imilarly, no action shall be brought for the partition of a Unit or a Condominium Unit between or among the Owners thereof- Each Owner expressly waives any and all such rights of partition he may have by virtue of his ownership of a Condominium Unit A violation of this provision shall entitle the Association to personally collect, jointly or severally, from the parties violating the same, the actual attorneys' fees, costs and other damages the Association incurs iii connection therewith. 3.12 Ad valorem Taxation. All taxes, assessments and other charges of the State of Colorado or of any political subdivision or of any special improvement district or of any other taxing or assessing authority shall be assessed against and collected on each Condominium Unit separately and each Condominium Unit shall be carried on the tax books as a separate and distinct parcel. For the purpose ofvaluation for assessment, the valuation ofthe Common Elements shall be apportioned among the Units in the proportions set forth on Exhibit "1" The Association shall deliver to the County Assessor of Pitkin County, Colorado, a written notice as required by the Act, setting forth descriptions of the Condominium Units and shall furnish all necessary information with respect to such apportionment of valuation of Common Elements for assessment. The lien for taxes assessed to any Condominium Unit shall be confined to that Condominium Unit. No forfeiture or sale of any Condominium Unit for delinquent taxes, assessments or other governmental charges shall divest or in any way affect the title to any other Condominium Unit. 3.13 Certain Work Prohibited. No Owner shall undertake any work in his Unit which would jeopardize the soundness or safety of the Project, reduce the value thereof, or impair an easement or hereditament thereon or thereto; nor shall any Owner enclose, by means of screening or otherwise, any balcony, yard, deck, ratio or porch which is accessible from, associated with, and which adjoins a Unit, without having first obtained the prior written approval o f the Board, which approval may be withheld for any reason, for such enclosure, and with respect to the materials, plans and specifications for such enclosure. Stnictural alterations shall not be made by an Owner to the exterior portions of his Unit, or to the building, or in the water, gas or steam pipes, electric conduits, plumbing or other fixtures connected therewith; nor shall art Owner remove any additions, improvements or fixtures from the buildings without the prior written approval of the Board, which approval may be withheld for any reason, first having been obtained. 3.14 Methanic's Liens:. 3.141 I.iens Against Utilities. No tabor performed or materials furnished with the consent of or at the request of an Owner of a particular Condominium Unit, or his agent, 9- 1111111 lilli 111111111111111111111111111111 lilli Illi lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 9 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO shall be the basis for the filing of a lien pursuant to law against the Condominium Unit, or other property, or atiother Uwner not expressly Consenting to 01 i cqucalitia 111Â© aaunÂ©, including Common Elements, except that express consent shall be deemed to be given by the Owner of any Condominium Unit to the Managing Agent or the Board in the case of emergency repairs. Labor perfurmed or materials furnished for the Common Elements, if duly authorized by the Managing Agent or the Board in accordance with the Declaration or Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner, and shall be the basis for the filing of a lien pursuant to law against each of the Condominium Units in the Project. 3.14.2 Removal from Lien. In the event a lien is effected against all Condominium Units, the Owners of the separate Condoininium Units may remove their Condominium Units from the lien by payment of the fractional or proportional amount attributable to each of the Condominium Units affected. Individual payment shall be computed by reference to the percentages appearing in this Declaration Subsequent to payment, discharge or other satisfaction, the Condominium Unit shall be released front the lien paid, satisfied or discharged. Partial payment, satisfaction or discharge shall not prevent the licnor from proceeding to enforce his rights against any Condominium Unit not so released or discharged. 3.14.3 Indemnification of Owners. Each Owner shall indemni fy and hold the other Owners harmless from and against liability or loss arising from the claim of any lien against the Condominium Unit of the Owner, or any part thereof, for labor performed, or for materials furnished in work on such Owner's Condominium Unit. At the written request of ati Owner, the Association shall enforce such indemnity by collecting from the Owner of the Condominium Unit on which the labor was performed, or materials furnished, the amount necessary to discharge any such lien and all costs incidental thereto, including reasonable attorneys' fees. If not promptly paid, the Association may proceed to collect the same in the manner provided herein for collection of assessments for the purpose of discharging the lien. 4. USE AND OCCUPANCY OF UNITS AND USE OF COMMON ELEMENTS. 41 Definition of Uses. Each Commercial Unit may be used and occupied for such retail or professional (including stores for the sale of retail goods, law offices, medical offices, and dental offices) business, or service purpose, restaurants or food establishnients, or purposes as may be lawful and allowable under applicable laws, ordinances, or the rules of' any lawful public authority, including conditions imposed upon the Project by the City of Aspen at the time of governmental approval thereof No Owner and no Owner's employees, agents, officers, licensees, or invitees shall violate the rules and regulations adopted from time to time by the Association, whether relating to the use of Units, the use of General or Limited Common Elements, or otherwise. 4.2 Signs. No "For Sale" or "For Rent" signs, advertising, or other displays shall be maintained or permitted on any part of the property, except at such location and in such form as shall - 10 - l im lilli 111111 lili 1111111 1111 lilli 111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 10 of 44 R 221 00 0 0.00 N 0.00 PITKIN COUNTY CO bo approved in writing by the Board or the Managing Agent. The riyht is reserved by the Declarant, or its agent or agents, to place "For Sale" or "For Rent' signs on any unsold or unoccupied Units owned by it, and on any part of the Conimon Elements with respect to the availability of such Units, and the right is hereby given to any mortgagee, who may become the Owner of any Unit, to place such signs on any Unit owned by such mortgagee. So long as any Unit is owned by it, the Declarant shall be entitled to access, ingress, and egress to the building and the property as it shall deem necessary in connection with the construction or sale of the building or any Unit. The Declarant shall have the right to use any unsold Unit or Units as a model, or for sales or display purposes, in accordance with C.R.S.Â§38-33.3-215. 43 Allowed ,Signs. Each business establishment operated in a Commercial Unit, or any part thereof, shall be entitled to place one (1) sign or menu of reasonable size and in a dignified manner containing the business name of such establishment upon the entrance door of such establishment, or at such other place as shall be permitted by the Board or Managing Agent, in their sole discretion, and subject to any relevant provisions o f the Municipal Code of the City of Aspen regarding the placement o f signs. Additional signs may be placed only as permitted by the Board, which permission may be granted or withheld in the sole discretion of the Board, subject to the relevant provisions of the Municipal Code of the City of Aspen regarding the placement of signs. 4.4 Use and Obstruction of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be stored in the Common Elements, without the prior consent of the Board except as herein expressly provided. For purposes of maintenance, repair, alteration, and remodeling, an Owner of a Unit shall be deemed to own the interior non-supporting walls and the materials therein (such as, but not limited to, plaster, drywall, paneling, wallpaper, paint, wall and floor tile). There shall be no furniture, bicycles, wagons, vehicles, benches, chairs, skis or sporting equipment, tethered dogs or cats, or other personal property on any part of the Common Elements, except in spaces expressly provided therefur, without the prior consent of and subject to the regulations ofthe Board. Except as specifically provided otherwise herein, the Board may permit or authorize use of any of the General Common Elements in the Project as the Association deems best and may, at the request o f the Owner o f a Condominium Unit, convert any Limited Common Element appurtenant to the Condominium Unit to a General Common Element or authorize other use of such Limited Common Element by the Owner of the Condominium Unit to which it is appurtenant, subject to any and all applicable governmental regulations. Each Owner may use the General Common Elements and his appurtenant Limited Common Elements, subject to the terms and provisions of this Paragraph, in accordance with the purpose for which they are intended, without hindering or encroaching on the lawful rights of the other Owners. Each Owner, by the acceptance of his deed or other instrument of conveyance or assignment, agrees to accept and be bound by any such adopted rules and regulations. tn the event any Owner violates the requirements of this Paragraph that Owner will be provided a written warning and twenty-four (24) hours to cure such violation. After being provided a warning, i f such violation continues, then such Owner will bc fined $50.00 for the next twenty-four (24) hour period of violation and $100.00 for each subsequent twenty-four (24) hour period of violation. Such fines will be considered Special Assessments - Individual Owiiers pursuant to Paragraph 9.11 below and enforceable in accordance -11- 111111111111 11111111111111111 lili 1111111" mil lil illi 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 11 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO with Article 9 of this Declaration. The above penalties cannot be modified unless there is the vote o f a majority of the Unit Owners approving such change. 4.5 Additions. Alterations. and Improvements Requiring Board Approval. All use and occupancy of the Common Elements shall be subject to and governed by rules and regulations of the Association. No Owner, no Related Party ofan Owner and no tenant of the Association or other occupant of the Common Elements shall obstruct, damage or commit waste to any of the Common Elements. No Owner and no Related Party of an Owner shall alter or repair, or store anything in or on any of the Common Elements without the prior written consent o f the Board. 4.6 Maintenance of Units. Each Owner shall be obligated to maintain and keep that Owner's own Unit, its windows and doors, including exterior and interior surfaces thereof, and the Limited Common Element or Elements with respect to such Unit, in good, clean order and repair. No unsightliness or waste shall be permitted on or in any part of the Project. The use of the covering of the interior surfaces of windows, whether by draperies, shades or other items visible on the exterior of the building, shall be subject to the rules and regulations of the Board. 4.7 Impairment of Insurance. Nothing shall be done or kept in any Unit, or iii or upon the Common Elements, which will increase the rate of insurance on the building, or contents thereof, without the prior written consent of the Board. No Owner shall permit anything to be done or kept in that Owner's Unit, or in or upon the Common Elements, which will result in the cancellation of or increase premiums of insurance on the building, or contents thereof, or which would be in violation of any law. 4.8 Exterior of Building: Trash. Owners shall not cause or permit anything to be hung or displayed on the outside o f windows, or placed on the outside walls of the building, or on or in any of the General Common Elements, and no sign or lettering, awning, canopy, or radio or television antenna shall be affixed to or placed upon the windows, exterior walls or roof, or any part thereof, without the prior written consent of the Board, The Common Elements shall be kept free and clear ofrubbish, debris and other unsightly materials. Al] trash shall be collected in designated areas. No wiring, television antennae, or other items may be installed which protrude through windows, walls or roof areas, except as expressly authorized by the Association or this Declaration. 49 2:13. No household pets, animals, livestock or fowl ofany kind shall be raised, bred, or regularly kept in any Unit or in the Common Elements, unless the Board, by rules or regulations, provides otherwise. 4.10 Nuisances. No noxious or offensive activity shall be conducted on any part of the Project; nor shall anything be done or placed on or iii any part of the Project which is or may become a nuisance, or cause embarrassment, disturbance or annoyance to other Owners or their guests. No activity shall be conducted on any part of the Project, and no improvements shall be made or constructed on any part of the Project, which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Project which is unreasonably loud or -12- 1111111 lilli 11111111111111111 lili 111111111 mil 1111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 12 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO annoying, No smoko or odor Shall be omitted to any part of the Project. All grease collected in grease traps must be Icgularly emptied and not allowed to escape into any Unit or the Common Areas. No light shall be emitted from any part of the Project which is unreasonably bright or causes unreasonable glare. in the event any Owner violates the requirements of this Paragraph that Owner will be provided a written warning and twenty-four (24) hours to cure such violation. After being provided a warning, i f such violation continues, then such Owner will be fined $50.00 for the next twenty-four (24) hour period of violation and $100.00 for each subsequent twenty-four (24) hour period of violation. If such violation continues for seven (7) or more days then the Association will have the right, after twenty four (24) hours written notice, to enter the Unit that is the source of the violation between 8:00 a.m. and 5:OOP.m.,Monday through Friday, excluding holidays, to conduct an inspection, and thereafter a written report will be issued to the Unit Owner, causing the violation based upon the conclusions o f a qualified consultant, o f the cause(s) and repair(s) for such violation and will direct such Unit Owner to remedy the violation by the recommended means within ten (10) days of such notice, or such longer time as the facts reasonably indicate the appropriate repair(s) will require to complete. After such deadline, the tJnit Owner will be assessed a fine ( in addition to all other accumulated fines) equal in amount to the estimated costs for such required repairs. Unless otherwise agreed to by the Association, the first mentioned daily fines will accruc until the determination and notice to the Unit Owner of the cost of repair is provided or the repair is completed. All fi nes will be considered Special Assessments - Individual Owners pursuant to Paragraph 9.11 below and enforceable in accordance with Article 9 of this Declaration. The above penalties cannot be modified unless there is the vote of a majority of the Unit Owners majority approving such change. 4.11 Structural Integritv. Nothing shall be done in any Unit, or in, on or to the Common Elements, which will impair the structural integrity of the building, or which would structurally change the building, except as otherwise provided herein, nor shall anything be altered or constructed in or be removed from the Common Elements, except as otherwise herein provided, or otherwise permitted in writing by the Board. 4.12 Improvement of Units. The Owner of any Unit shall be permitted to construct, improve, change, or alter such Unit (if the same is not visible on the exterior of the building) in any manner, provided that: 4.12.1 The structural integrity ofthe Building will not thereby be impaired; 4.12.2 The common assessments payable by the other Owners hereunder are not increased directly or indirectly as the result of such construction, improvement, change or alteration; 4.12.3 Suchwork willbedoneatthesolecostand expense of Owners benefitting, and in full compliance with all applicable laws, ordinances. and regulations, and the provisions of the Declaration; 13- 1111111 lilli 1111'l lili '1111111111111111111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 13 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO 4.12.4 The boundaries of such Unit, as shown on the Condominium Map, will not thereby be changed or altered; and, 4.12.5 Such Owner shall indemnify all other Owners o f Units from any and all claims, liens, liabilities, suits or demands whatsoever relating to or arising out of such work (except insofar as any claim is waived and released as provided in this Declaration). 4.13 Waiver of Claims. Each Owner hereby waives and releases any and all claims which that Owner may have against any other Owner, the Association, the officers, and members of the Board, the Declarant, the Managing Agent, and their respective officers, employees, and agents, for damages to the Common Elements, the Units, or to any personal property located in the Units or Common Elements, caused by fire or other form ofcasualty which is covered by insurance sufficient in the opinion of the Association, 4.14 Damage by Owner. If, due to the act or neglect of an Owner, a related party or parties, damage shall be caused to any person or property, including the Common Elements or to a Unit or Units owned by others, then such Owner shall be liable and responsible for such damage, and shall pay for such damage and any maintenance, repairs and replacenients, as may be determined by the Board, to the extent not covered by insurance as caused by an Owner, related party or parties. Neither the failure ofthe Board to require such payment, nor any disagreement regarding the extent of payment required pursuant to the Board's determination hereunder, shall give rise to any claim or cause of action against the Board or its members by any person; provided, however, that nothing contained in this Paragraph shall prohibit an Owner from exercising any rights or remedies provided by law as against any person causing any damage to his Unit. The amount of such loss or damage may be collected by the Association from such Owner as an assessment against such Owner by legal proceedings or otherwise, and such amount (including reasonable attorneys' fees) shall be secured by a lien on the Unit of such Owner, as provided herein, for assessments or other charges. 4.15 Electrical Wiring. No Owner shall overload the electric wiring in the Building, or unreasonably contribute to such overload, or operate any machines, computers, appliances, accessories or equipment in such manner as to cause, in the judgment o f the Board, a hazard to the safely of Owners and Related Parties upon the Project. 4.16 Parking. Parking of any and all vehicles on the Project's parking spaces shall be subject to the miles and regulations of the Association adopted from time to time. The Association assumes no responsibility for damage done to automobiles parked on the Project's parking spaces. Parking spaces shall be utilized only for parking functional motor vehicles therein, and no personal property of any nature may be stored or deposited for any purpose iii any parking space. No part of the Project, including the public streets and alleyways, driveways or parking areas, unless specifically designated by the Association therefor, shall be used as a parking, storage, display or accommodation area for any type of trailer, camping trailer, boat trailer, hauling trailer, running gear, boat or accessories thereto, truck or recreational vehicle, except as a temporary expedience for loading, delivery, emergency, etc. (provided this restriction shall not restrict trucks or other -14- 1111111 lilli 111111 lili 111'ill lili 111111111 mil 111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 14 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO commercial vehicles which arc necessary for the construction or maintenance of the Project). Repainng vehicles on the premises shall not be permitted; and Long Term Parking, as defined in the above referenced rules and regulations will not be allowed. 4.17 No Violation of Law. No Owner, no Related Party o fan Owner and no occupant of the Common Elements and 1Jnits shall do anything or keep anything in or on the Property which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. 4.18 No Violation of Rules. No Owner, no Related Party of an Owner and no occupant o f the Common Elements shall violate the rules and regulations adopted from time to time by the Board, whether relating to the use of Condominium Units, the use of Common Elements, or otherwise. 4.19 Leases. No Owner of a Commercial Unit or a Residential Unit may lease less than his entire Unit, without the permission of the Association, and all leases shall be in writing. All leases of Commercial Units, Residential Units or Storage Units shall provide that the terms o f the lease are subject. in all respects, to the provisions o f thi s Declaration, and to the provisions o f the Articles of Incorporation, Bylaws, rules and regulations, and decisions and resolutions of the Association and the Board. All leases in effect on the date of the recordation of this Declaration are deemed to have obtained the consent of the Association for any variation from this Paragraph, however such consent does not apply to any renewals and/or extensions of such leases. 4.20 Authority of Board. The ownership of the Common Elements in tenancy-in- com mon notwithstanding, each Owner irrevocably constitutes the Board of the Association as attorney-in-fact for him for the purpose of this Article. 5. VARIOUS RIGHTS, RESPONSIBILITIES AND EASEMENTS. 5.1 Owner's Rights and Easement in General Common Elements. Subject to the other provisions of the Declaration, each Owner, and any Related Party of such Owner, shall have a nonexclusive right to use and enjoy the General Common Elements, provided there is no hindrance or encroachment upon the rights of use and enjoyment of other Owners as provided hereunder. 5.2 Owner's Rights in Limited Common Elements. Subject to the other provisions of this Declaration, each Owner and Related Par'ties shall have an exclusive right to use and enjoy the Limited Common Elements designated herein, in the Map, or in the initial deed from Declarant, as appurtenant to the Condominium Unit owned by such Owner. 5.3 Owners' Maintenance Resnonsibilitv. For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own, and shall have the right and obligation to maintain, repair, alter and remodel the interior non-supporting walls, the materials (such as, but not limited to, piaster, gypsum drywall, paneling, wallpaper, paint, wall and floor tile and flooring, -15 l ililll lilli llill' 11111111111 lili '11'll "1111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 15 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO not including the gith flooring) making up the finished surfaces of the perimeter walls, ceilings and ftoors within the Unit, and the Unit's doors and windows, and any and all new additions to a Unit made by the Owner thereof, including, without limitation, any structure enclosing a patio or balcony (if permitted by the Association). The obligation to maintain any structure enclosing a patio or balcony, originally conveyed by Declarant shall be that of the Association. No Owner shall, however, make any changes or alterations of any type or kind to the exterior surfaces of the doors or windows to his Unit or to any Common Elements (including, but not limited to, the exterior portions of his Unit). The Owner shall not be deemed to own lines, pipes. wires, conduits or systems (which, for hrevity, are hereinafter referred to as "utilities") running through his Unit which serve one (1) or more other Units, except as a tenant-in-common with the other Owners. Each Owner shall have the obligation to replace any finishing or other materials removed with similar or other types or kinds of materials. An Owner shall maintain and keep in good repair, and in a clean, safe, attractive and sightly condition, the interior of his Unit, including the fixtures, doors and windows thereof. and the improvements affixed thereto, and such other items and areas as may be required in this Declaration or in the Bylaws. Also, an Owner shall maintain, clean and keep in a neat and clean condition, and free and clear of snow, ice and any accumulation of water on the porch, roof overhangs, balcony and/or patio area adjoining and/or leading to a Unit, if any, which areas are I.imited Common Elements appurtenant to such Owner's Condominium Unit. All fixtures, appliances and equipment installed within a Unit, commencing at a point where the utilities enter the Unit, shall be maintained and kept in repair by the Owner thereof. The Owner of any Unit which creates smoke or odor or causes the collection of grease in grease traps is responsible for assuring that such (1) smoke or odor is not released from that Owner's Unit in a manner which violates this Declaration and (2) servicing of grease traps on a regular basis to prevent any excess buildup in said traps. If any Owner fails to carry out or neglects the responsibilities set forth in this Paragraph, then, in addition to all other remedies provided in this Declaration, the provisions and penalties of Paragraph 4.10 will apply. Any expense incurred by the Association under this Paragraph shall be the sole expense of the Owner and will be considered Special Assessment - Individual Owners pursuant to Paragraph 9.11 below and enforceable in accordance with Article 9 0 f this Declaration. No maintenance, repair, alteration or remodeling operations will interfere with the use and enjoyment o f any Unit or Units and all such operations will be conducted to comply with this requirement. Further, no Unit Owner may engage in any activity which over utilizes the facilities contained in the Common Elements. 5.4 Axsociation Rights. The Association. the Board and the Managing Agent shall have a nonexclusive right and easement to make such use of General Common Elements, Limited Coninion Elements or Units as may be necessary or appropriate for it to perform the duties and functions which it is obligated or permitted to perform under this Declaration; provided, however, that any entry into a Unit shall be made with as little damage to the Unit entered as possible, Any damage caused to a Unit shall be repaired by, and at the expense of, the Association. 5.5 Easements for Improvements. Maintenance. Support and Utilities. Reciprocal easements (among all Units and Common Elements) are hereby declared to exist over and under the Real Properly and Project and all areas thereof for horizontal and lateral support and the existing 16- 111'11111111 '11111 lili 11111111111 ill# 1111111111111111 429811 04/12/1999 04:052 CONDO DE DAVIS SILVI 16 of 44 R 221.00 9 0.00 N 0.00 PITKIN COUNTY CO electric, telephone, water, gas and sanitary and storm sewer lines and facilities, exhaust, heating and air conditioning facilities, plumbing vent pipes, cable or master television antenna lines, drainage facilities, garbage chutes, stairs, walkways, exterior roads, alleyways and streets adjacent to and driveways adjacent to the Real Property and project and landscaping, if any, and for the repair, replacement and maintenance of the same, as needed to service the Real Property and/or the individual Units. All easements hereunder are subject to access for repair, replacement and maintenance shall be during reasonable hours or for making emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit; or Ibr making repairs or replacements pursuant to this Paragraph. Damage to the interior or any part of a Unit resulting from the maintenance, repair, emergency repair, or replacement of any of the Common Elements, or as a result of emergency repairs within another Unit, at the instance of the Association, the Board, or the Managing Agent shall be a common expense of a]! of the Owners. No diminution or abatement of common expense assessments shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs or improvements, or from action taken to comply with any law, ordinance, or order of any governmental authority, unless so determined by the Board. Restoration of the damaged improvements shall be substantially the same as the condition in which they existed prior to the damage, Notwithstanding the foregoing, if any such damage is the result of the carelessness or negligence of any Owner, such Owner shall be solely responsible for the costs and expenses of repairing such damage. An Owner of any Unit containing a Common Element shall indemnify and hold the Association harmless for any damage caused by said Owner and/or any of its guests to said Common Element(s) Each Owner has the right, as its sole expense and after giving written notice of at least one (1) business day to the other Owners, to relocate such lines and facilities within that Owner's Unit; provided, however, that such relocation shall be accomplished without interrupting the need of any other Owner. If upon the notice provided for herein any Owner or the Association reasonably believes that such proposed relocation will affect other Units or the Common Areas, such work will be suspended until the Association determines whether and how such work should proceed. The Easement described above specifically includes access to the grease traps and water wells located on the Project. 5.6 Emergency Easement. A non-exclusive easement for ingress and egress is hereby granted to all police, sheriffs, fire protection, ambulance and other similar- emergency agencies or persons now or hereafter servicing the Project to enter on driveways located in the Project and on the property in the lawful performance of their duties. 5.7 Easements for Encroachments. If any part of the Common Elements encroaches or shall hereafter encroach upon a Unit, an easement for such encroachment and for the maintenance of the sameshalland does exist. [fany part of a Unit encroaches or shall hereafter encroach upon the Common Elements, or upon another Unit, the Owner of that Unit shall and does have an easement for such encroachment and for the maintenance of the same. Such encroachments shall not be considered to be encumbrances either on the Common Elements or a Unit. Encroachments - 17 - 1111111 lilli 111111 lili "11'li lili lillia lll lilill 1111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 17 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO referred to herein include, but are not limited tn, encroachments caused by error in the Plat, by settling, rising or shifting of the earth, or by changes in position caused by repair or reconstruction of the Project or any part thereof. Encroachments herein referred to shall not include intentional encroachments. 5.8 Easements Deemed Appurtenant. The easements and rights herein created for an Owner shall be appurtenant to the Condominium Unit of that Owner and all conveyances of and other instruments affecting title to a Condominium Unit shall be deemed to grant and reserve the easements and rights as are provided for herein, even though no specific reference to such easements appears in any such conveyance 6. COMPLIANCE WITH DECLARATION AND OTHER ASSOCIATION DOCU- MENTS 6.1 Compliance with Provisions of Declaration. Articles of Incorporation. and Bylaws of the Association. Each Owner shall comply strictly with, and shall cause all Related Parties to comply strictly with, all of the provisions of this Declaration, Articles, and Bylaws, and the decisions, rules, regulations and resolutions of the Association or the Board adopted pursuant thereto, as the same may be lawfully amended from time to time. The violation of any restriction or condition or regulation adopted by the Board, or the breach of any covenant or provision herein maintained, shall give the Board (in the name of the Association on behalf of the Owners) the right, in addition to any other rights provided for in this Declaration: (a) to enter upon the Unit, or any portion of the property upon which, or as to which, such violation or breach exists, and to summarily abate and remove, at the expense of the defaulting Owner, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereo f, and the Board, or its employees or agents, shall not thereby be deemed guilty in any manner of trespass; (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach; and/or, (c) to recover sums due for damages. Such remedies shall be cumulative and not exclusive of one another, and shall be in addition to any other remedies available to the Board by law, Reasonable attorneys' fees, and all other expenses of any relevant proceedings shall be taxed Â·against the Owner in said decree. 7. THE ASSOCIATION 7.1 General Purposes and Powers. The business and affairs o f the Proj ect shall be governed and managed by the Association through the Board or the Managing Agent. The Association shall perform functions and hold and manage property as provided in this Declaration and to further the interests of Owners of Condominium Units in the Project. It shall have all powers necessary or desirable to effectuate these purposel The administration of the Project shall be 18- 11111111111111111111111111111 lili 111111111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 18 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO governed by this Declaration, the Articles of incorporation and the By-Laws of the Association, and all duly adopted amendments thereto or supplements thereoi. 7.2 Board of Directors. The affairs o f the Association shall be managed by a board o f directors which may, however, by resolution, delegate any portion ofits authority to a committee appointed by the Board or to a director or Managing Agent. The number and qualifications of Directors shall be as provided in the Articles of Incorporation or By-Laws of the Association. The member or members of the Board who shall be elected in the manner provided in the Bylaws of the Association, all of whom shall be Owners or residents o f a Unit; provided, however, that any natural person, eighteen (18) years of age or older, may be nominated to such office by Declarant so long as Declarant is the Owner of a Unit. 7.3 Restrictive Covenants and Obligations- The Board or the Managing Agent shall have the power to establish, make, and enforce compliance with al[ covenants mid obligations, with the right to amend or supplement from time to time. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Declaration shall be made by the Board and shall be final. 7.4 Management Avreement. The Association may enter into a management agreement (the "Agreement") with a professional managing agent ("Managing Agent") which shall provide for the management of the Property, whether such services are in lieu o f or supplemental to the service to be provided by the Association. Each Owner, his successor and assigns, shall be bound by the Agreement for the purposes therein expressed, including but not limited to: (a) Adopting, ratifying, confirming, and consenting to the execution of the Agreement by the Association, (b) covenanting and promising to perform each and every one of the covenants, promises, and undertakings to be performed by Owners as provided in the Agreement; and (c) recognizing that some or all of the persons comprising the original Board are or may be partners, shareholders, officers, directors or employees of the managing agent or the Declarant, and that such circumstances shall not and cannot be construed or considered as a breach of their duties and obligations to the Association, nor as grounds to invalidate the Agreement, in whole or in part. The Managing Agent will be entitled to compensation for its services based on similar services provided by other management companies in the Aspen, Colorado area. 7.5 Voting of Owners. The voting rights of all Owners shall be based upon the ownership interest of each Condominium Unit in the Common Elements as set out in Article 3.3 above. In the event a Unit is owned by more than one person or entity, the Owners thereof shall designate a voting party, in writing, thirty (30) days prior to the holding of any vote under this Declaration to cast their vote(s) pursuant to Paragraph 3.3 for the Condominium Unit so held in Multiple Ownership (the "Voting Party"). In the case of such Multiple Ownership, a Voting Party must be designated as set out herein or such Unit's votes are not entitled to be cast. Unless otherwise provided in the Articles of Incorporation or By-Laws of the Association, voting by proxy shall be permitted and cumulative voting shall not be permitted. Declarant shall have the right to vote as an - 19 - l im lilli mi lili 1111111 lili 111111111111111 11' lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 19 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO Owncr dunng its period of ownership of any Unit in accordance with the ownership interest of that Condominium Unit in the Common Elements. 7.6 Rules and Regulations. The Board may, from time to time, adopt or amend such reasonable rules and regulations governing the operation, maintenance, beautification, and use of the Common Elements and the Units, not inconsistent with the terms of this Declaration, as it seems fit, and the Owners shall conform to, and abide by, such reasonable rules and regulations. Written notice of such rules and regulations shall be given to all Owners. A violation of such rules or regulations shall be deemed a violation of the terms o f this Declaration. 7.7 Non-Liability of the Board. The members o f the Board and the Managing Agent and its employees, and the officers and employees of the Association, shall not be liable to the Owners for any mistake ofjudgment, or any acts or omissions made in good faith as such members, officers, or employees. The Owners shall indemnity and hold harmless each of such persons against at! contractual liability to others arising out of contracts made by such person on behal f of the Owners. The liability of any Owner arising out of any contract made by such persons, or out of the aforesaid indemnity, shall be limited to such proportion of the total liability thercunder, as that Owner's percentage interest in the General Common Elements. Each agreement for which indemnity is provided hereunder made by such persons shall have been executed by such persons expressly as agents for the Association. 7.8 Finality of Determinations of the Board. In the event o f any dispute or disagreement between any Owners relating to the property, or any question of interpretation or application of the provisions of this Declaration, or any other agreement affecting the Project or the Association, including the extent and exercise of voting rights by an Owner or Owners, the determination thereof by the Board shall be final and binding on each and all of such Owners. The foregoing shall not apply in cases where arbitration is expressly designated as the procedure for resolution of the dispute. 7.9 Bylaws and Articles. The purposes and powers of the Association, and the rights and obligations with respect to Owners set forth in this Declaration, may and shall bc ampli fied by provisions of the Articles and Bylaws of the Association, The administration and management o f this condominium shall be governed by the Articles and Bylaws of the Association. 8. CERTA]N RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 8.1 Association as Attorney-in-Fact for Owners. The Association is hereby irrevocably appointed by Declarant as attorney-in-fact for Declarant and for all successors and assigns of Declarant as Owners of Condominium Units and as attorney-in-fact for each of them to manage, control and deal with the interest of such Owner in the Common Elements so as to permit the Association to fulfill all of its duties and obligations hereunder, and to exercise all of its rights hereunder; to deal with the Project upon its destruction or obsolescence as hereinafter provided; and to deal with and handle insurance and insurance proceeds and condemnation and condemnation 2() - 1 lilli 111111111111111111'Ill lili lilli'1111111111'lili 429811 04/12/1999 04:05P CONOO DE DAVIS SILVI 20 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO awards as hereinafter provided. The acceptance by any person or entity of any interest in any Condominium Unit shall constitute an appointment by that person or entity of the Association as attorney-in-fact, as above provided. The Association is hereby granted all of the powers necessary to govern, manage, maintain, repair, rebuild, administer, and regulate the Project, and to perform all of the duties required of it. Notwithstanding the foregoing, and subject to the provisions contained iii this Declaration unless the Owners of seventy percent (70%) of the Common Elements, as shown on Exhibit "1" (excluding Declarant) have given their prior written approval, the Association shall not be empowered or entitled to: 8.1.1 by actor omission, seek to abandon or terminate the Project; 8.1.2 change the pro rata interest or obligations of any individual C.ondominium Unit for the purpose o f levying assessments or charges, or allocating distributions of hazard insurance proceeds or condemnation awards; 8.1.3 partition orsubdivideany Condominium Unit; 8.1,4 by act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer (excluding the granting of easements for public utilities, or other public purposes consistent with the intended use of the Common Elements) any of the General or Limited Common Elements; and 8.1.5 use hazard insurance proceeds for loss to the Project (whether Units or Common Elements) for other than repair, replacement, or reconstruction thereof. Further, no action set forth immediately above may be taken without the prior written approval of the Owner and first mortgagee of the specific Unit or Units being affected. 8.2 Association Duties ofMaintenance and Repair. The Association shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of the Common Elements and Association Property so that such are kept in a good, clean, attractive, sanitary condition, order and repair, including without limitation removal of snow and other materials from the General Common Elements to permit access to the Units keeping the Project safe, attractive and desirable; and making necessary or desirable alterations, additions, betterments, or improvements to or on the Common Elements. The Association shall be responsible for painting and/or staining the exterior of the Units, as agreed to by a majority o f the Owners. The Association shall be responsible for maintaining the roof, the exterior walls, foundation and other structural components of the garages designated as Limited Common Elements and General Common Elements. No prior approval ofOwners shall be required for such work. 21 - 1 1111111111 111111 111111111111111111111111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 21 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO Nothing hereby shall preclude thc Association froni the right, hereby confirmed, to seek reimbursement and assessment trom the Owner(s) o f any Unit for repairs and maintenance to any Limited Common Element appurtenant to such Unit. 8.3 Labor and Services. In addition to the services provided under Paragraph 7,4 above, the Association; (1) may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project, or the en forcement of this Declaration; and (2) may allange with others to furnish lighting, heating, water, trash collection, sewer service, and other common services. 8.4 Other Association Functions. The Association may undertake or contract for any activity, function or service for the benefit or to further the interests of all, some or any Owners of Condominium Units on a self-supporting, special assessment or common assessment basis. Such activities, functions or services may include, but are not limited to, the providing of police or similar security services, within the project. 8.5 Real and Personal Property of Association. The Association may acquire and hold interests in real property and in tangible and intangible personal property and may dispose of the same by sale or otherwise. Subject to any rules and regulations of the Association, each Owner and Related Parties of an Owner may use such property. Upon termination of condominium ownership of the Project and dissolution of the Association, the beneficial interest in any such property shall be deemed to be owned by the then Owners, as tenants-in-common, in the same proportion as their respective interests in the Common Elements. 8.6 Association Right to Lease and License Common Elements. The Board of the Association shall have the right to lease or license, or permit the use o f any portion o f the General Common Elements or any Condominium Unit owned by the Association. on either a short or long term basis and with or without any charge by the Association therefor. The rights granted to the Association in this Paragraph shall only be used in the promotion of the collective best interests of the Owners. Further, the Association shall have the ri ght to grant utility easements under, through, or over the Common Elements which are reasonably necessary to the ongoing development and operation o f the Project. 8.7 Mortgagee Notification. The Association shall notify each first mortgagee of any proposed material amendment of the Association's Articles or Bylaws at least ten (10) days prior to the effective date of such amendment or change. Further, on the written request of any first mortgagee, such first mortgagee shall be entitled to receive the most recent annual budget and/or financial statement of the Association, and written notice o fall meetings of the Association, and such first mortgagee shall have the right to designate a representative to attend any such meeting. 8.8 Enforcement by Association. The Board may suspend any Owner's voting rights in the Association, or the right of an Owner to use the Common Elements of the Project. during any period or periods during which such Owner fails to comply with the Association's rules mic! 22 - 111111111111111111 lili 1111111 lili 111111111 mill 111111 429811 04/12/1999 04:05P CONOO DE DAVIS SILVI 22 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO regillations. fails to Day assessments, or faila to Comply with any other obliplions of such Owner under this Declaration or the Bylaws. The Association may also take.judicial action against any Owner to enforce compliance with such rules, regulations, or other obligations hereunder, or in the Bylaws contained, or to obtain damages for the noncompliance thereof, all to the extent permitted by law. The Board may impose a reasonable fine on any Owner for each violation or act of noncompliance by any such Owner or Related Parties. 8.9 Certificate. The Board may, from time to time, record a certificate of the identity and the mailing addresses of the persons then comprising the Board, together with the identity and address of the Managing Agent, if any. Such certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith, regardless ofthe time elapsed since the date thereof. 8.10 Implied Rights. The Association shall have and may exercise any right or privilege given to it expressly by this Declaration, or reasonably to be implied from the provisions o f this Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its duties, obligations, rights or privileges. 9. ASSESSMENTS - COMMON EXPENSES 9.1 Assessments - Generally. Declarant, for each Unit owned by it, and for and as the owner of the property and every part thereo f, hereby covenants, and each Owner of any Unit by the acceptance of a deed therefor, whether or not it is so expressed in the deed, shall be deemed to covenant and agree with each other and with the Association to pay to the Association monthly assessments made by the Association for the purposes provided in this Declaration, and special assessments for capital improvements and other matters as provided in this Declaration. Such assessments shall be fixed, established, alid collected from time to time in the manner provided in this Declaration, and by the Articles, and Bylaws o f the Association. Subject to the provisions hereof, the Board of the Association shall have the power and authority to determine all matters in connection with Assessments, including power and authority to determine where, when and how Assessments shall be paid to the Association, and each Owner shall be required to comply with any such determinations. 9.2 Ext)enses to Be Assessed. The total monthly assessments against all Units shall be based upon advance estimates of cash requirements by the Association to provide for the payment of all expenses growing out o f or connected with the maintenance and operation of the General Common Elements, or furnishing such utility services as shall not be separately furnished and metered to the Units, which estimates may include, among other things: (1) taxes and special assessments, until the Units are separately assessed as provided herein; (2) premiums for all insurance which the Association is required or permitted to maintain, except such premiums as are paid for by the Association for which direct reimbursement is made by an Owner or Owners; (3) landscaping and care of grounds; (4) common lighting, heating, water charges and common and individual unit charges for gas, water and electric utilities; (5) trash collection; (6) sewer service 23- 111111111111111111111111111111111111'11111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 23 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO charges; (7) repairs and maintenance of the General Common Elements; (8) wages and benefits for Association employees; (9) security services, (10) management fees and expenses, including expenses associated with the maintenance of a management office; (11) legal and accounting fees; (12) any deficit remaining from a previous period; (1 3) the creation of a reasonable contingency reserve, surplus and/or sinking fund; and, (14) any other expenses and liabilities which may be incurred by the Association for the benefit of the Owners under or by reason o f this Declaration; provided, however, that all expenses of the Limited Common Elements, not limited to repairing, striping, snow removal and maintenance of the parking spaces shall be assessed only to the Owner or Owners o f Units for which those parking spaces are a Limited Common Element. All expenses will be assessed to tile Commercial Units, the Residential Units and the Storage Units as determined by the Board in accordance with applicable guidelines as set out iii this Declaration determined by the Board in its reasonable discretion. 9.3 Assessments - Common Expenses. Annually it sliall be the responsibility of the Board to establish and adopt an operating budget for the Association's fiscal year. The budget shall be estimated based on the previous year's budget and projected expense for the coming year. The budget shall provide for the allocation of any surplus funds remaining from any prior budget period and will identify and set apart those expenses which are to be borne by the Owners of the Commercial Units, Residential Units and Storage Units. Within sixty (60) days after adoption o f the proposed budget by the Board, the Board shall mail, by ordinary first class mail, or otherwise deliver a summary of the budget to all the Owners and shall set a date for a meeting o f the Owners to consider ratification of the budget which date shall not be less than thirty (30) days nor more than ninety (90) days after the date of mailing or delivery of the summary. Unless at that meeting a majority of all Owners reject the budget, the budget is ratified and adopted. In the event the Owners reject the proposed budget, the last budget rati fied by the Owners must be continued until such time as the Owners ratify a subsequent budget proposed by the Board. Regular assessments shall be collected by the Association initially on a monthly basis, but may be collected on a different timetable in the discretion of the Board. Except as emergencies may require, the Association shall make no commitment or expenditures in excess of the funds reasonably expected to be available to the Association. 9.4 Payment of Annual Assessment. Said annual budget shall be assessed to the Owners according to each Owner's percentage of ownership in the Common Elements as set forth in Exhibit "1 " pursuant to Paragraph 9.2 above, or as may be modified in accordance with the provisions o f this Declaration. Any and all such assessments shall be due on the first (lst) day of each month of said year. The Board or Managing Agent shall supply to all Owners an itemized accounting of the Common Expenses for the preceding calendar year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the estimates provided, and showing the net amount over or short o f the actual expenditures plus reserves. 9.5 Excess. Shortages. and Reserves. Any amount accumulated in excess oftheamount required for actual expenses and reserves shall be credited according to each Owner's percentage of - 24 - 111'11111111 mi lili 1111111 lili '11111111111111111 lili 429811 04/12/1999 04;05P CONDO DE DAVIS SILVI 24 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO ownership in the Common Elements to the next monthly installments due from Owners under the current year's estimate, until exhausted, and any net shortage shall be added, according to each Owner's percentage of ownership in the Common Elements, to the next two installments due after rendering o f the accounting. However, if budgeted, such excesses may serve to fund a reasonable reserve for contingencies and replacements. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year shall be charged first against such reserve. If said annual budget proves i nadequate for any reason, including nonpayment of any Owner's regular or special assessment, the Board may at any time levy a further assessment, which shall be assessed to the Owners according to each Owner's percentage of ownership in the Common Elements, in accordance with Exhibit "1", whichever apportionment shall apply Linder the circumstances necessitating the adjustment. The Board or Managing Agent shall scrve notice of such further assessment on all Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall become effective with the next monthly payment which is due more than ten (10) days after the delivery or mailing of such notice o f further assessment, All Owners shall be obligated to pay the adjusted monthly amount. 9.6 Failure to Prepare or Ratifv Budget. The failure of the Board to prepare or serve the annual or adjusted budget on the Owners shall not constitute a waiver or release in any manner of the Owner's obligation to pay the maintenance and other costs and necessary reserves, as herein provided, whenever the same shall be determined, and in the absence of any annual budget or adjusted budget, the Owners shall continue to pay the monthly assessment charges at the then existing monthly rate established for the previous period until the next monthly assessment payment which is due more than ten (10) days after such new annual or adjusted budget shall have been mailed or delivered. 9.7 Inspection of Budget. In addition to the other provisions of this Declaration, the Board (or the Managing Agent acting for and on behal f o f the Board) shall maintain copies of the budget, and accurate books and records of receipt, expenditures, assets, and liabilities of the Association, and the obligations of each and all Owners thereto, and the same shall be open for inspection by any Owner required to pay Assessments during any financial report period for which inspection is sought, or any representative of such Owner duly authorized in writing, at such reasonable time or times during normal business hours as may be requested by such Owner, 9.8 Assessments Held in Account of Declarant or Association. All funds collected hereunder shall be held and expended solely for the purposes designated herein, and (except for such special assessments as may be levied hereunder against less than all the Owners, and for such adjustments as may be required to reflect delinquent or prepaid assessments) shall be deemed to be held in trust for the benefit, use and account of all the Owners in the percentages set forth in Exhibit " 1 ", whichever applies, or as such percentages may be modified as provided hereunder. 9.9 Pre-Budget Untilsuchtimeasthe Board shall have provided its first annual budget to the Owners, or for such other period as the Board determines, the Board shall have the right to assess the Common Expenses, as hereinabove provided, on a monthly basis, and all ()wners shall - 25 - 11111111111111'Ill lili 1111111 lili 1111111111111111111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 25 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO pay such monthly aascasments as advised by the Board or Managing Agent. The first annual budget may, at the option of the Association, be based on the historical expenses of the Building during its operation prior to condominiumization. 9.10 Special Assessments -Common Expenses. Aspecialassessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more special assessments to provide, for the renovation, repair or replacement, to the extent not covered by insurance, or to provide for extraordinary maintenance, if the Board so determines, to the General Common Elements. Owners shall have the right to rati fy, by majority vote, any special assessment using the procedures set forth above as if the special assessment proposal were an annual budget, except to the extent a special assessment is necessary or appropnate for repair or replacement to the extent of an uninsured casualty or loss by condemnation as provided by the Act and except as necessary for emergency repairs. or except as necessary to assess against an Owner the expenses caused by such Owner's misconduct as determined by the Board. Special Assessments levied for roof repair or replacement and/or boiler repair or replacement shall be kept in a fund for that purpose. Such fund may be established in advance ofsuch expenditures. 9.11 Special Assessments - Individual Owner(s). The following expenses or charges incurred hy the Board (and/or Owners) shall be specially assessed to the individual Owner to which such expense or charge is applicable lin addition to any other costs, charges or expenses which by law, or the terms of this Declaration, are payable by an individual Owner): 9.11.1 The amount by which any premium for insurance maintained by the Board and/or Owner is increased as a result of any business, or other activity or act of such Owner, or Related Party, or the amount o f any premium on new insurance which is purchased by the Board solely as a result of any business or other activity or act of such Owner or Related Party. The written statement of the insurance carrier to the effect that a specific increase is attributable to such business or other activity shall be conclusive as to such increase and the amount thereof. If such increased premium or new insurance premium is necessitated by the usual and customary business activity carried on in accordance with the terms of this Declaration in any commercial or pro fessional Unit, then, upon the payment of such amount by the Owner of such commercial or pro fessional Unit, such Owner shall not be deemed in violation of the terms or provisions o f this Declaration; 9.11.2 Any other assessment against an Owner as provided fur in this Declaration including, but not limited to Paragraph 4.10 above, 9.12 Commencement of Assessments. All Owner's obligations to pay Assessments shall commence on the first day of the month after the recording of this Declaration by Declarant in the Pitkin County Records. The first monthly payment for regular assessments for each Condominium Unit may include an additional assessment in order to establish an initial working capital fund for the Association (the "Working Capital Contribution"). The Working Capital Contribution shall be retained by the Association and shall not be refundable to an Owner, whether upon the sale of such 26 - 1111111 lilli 111111 lili lll'Ill 111 1111111111111111 li lli 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 26 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY Co Owner's Condominium Unit or otherwise. This section will be subject to the existence of leases and procedures established for the Building under Paragraph 9.9 above, and as reasonably required iii the opinion of the Association. 9.13 Right of Inspection. Any Owner required to pay Assessments during any financial report period (and seeking inspection of the Association' s records for such period, or first or junior mortgagee may, pursuant to C.R.S. Â§38-33-107 (1973, as amended), inspect the Association's records of receipts and expenditures, once per year, at any reasonable tillie during convenient weekday business hours; and, on twenty (20) days notice to the Board or Managing Agent, if any, and on payinent of a reasonable fee not to exceed Fifty Dollars ($50.00), any Owner or first mortgagee of such Owner shall be furnished a statement of account setting forth the amount of any unpaid assessments, or other charges due and owing from such Owner. 9.14 Assessment Reserves. The Association may require an Owner, other than Declarant, to deposit with the Association an amount not exceeding two (2) times the amount of the original estimated monthly common assessment, which sum shall be held, without interest, by the Association as a reserve to be used for paying such Owner'S monthly common assessment, and for working capital. Such an advance payment shall not relieve an Owner from making the regular monthly payment of the common assessment as the same comes due. On the transfer of his Unit, an Owner shall be entitled to a credit from his transferee for any unused portion thereof. Such reserves shall, at all times, remain as capital of the Association. 9.15 (Collection and Enforcement Remedies. 9.15.1 All assessments or installments thereof shall be due and payable at the time or times designated by the Board by written notice delivered to the Owners. Overdue assessments shall bear interest at 18% per annum, or such other- lawful rate or charge as the Board may determine from time to time. The payment of any assessment payable in installments may be accelerated by the Board for failure to pay any installment when due. 9.15.2 An assessment shall be the individual obligation(s) of the Owner(s) of the Condominium Unit at the time the assessment is levied against the Condominium Unit. A suit to recover a money judgment for unpaid assessments may be maintained against any Owner(s) without waiving or otherwise prejudicing the Association's right to pursue its remedies otherwise provided herein. The Association shall be entitled to recover the costs, expenses, and reasonable attorneys' fees as additional sums due under any lien which may be filed or otherwise which are incurred in bringing any action for payment o f assessments or to enforce compliance with any provision contained herein including those set forth in the Rules and Regulations adopted by the Association and shall become additional assessments due from the delinquent Owner(s) and shall be added to the lien described below. 9.15.3 For the purposes ofthis Article, the term "assessments" includes any amounts due in accordance with the terms o f this Declaration. - 27 - 1111111 lilli 111111111111'lill 11111111111111111111111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 27 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 9,15.4 The Associationshall have alien andaright to foreclosesuch lien against a Condominium Unit for any assessments against the Condominium Unit which are due and unpaid from the date of the assessment. Costs of collection, and foreclosure of the lien. including without limitation, reasonable attorneys' fees and other court costs, shall be added to the assessment lien amount. All amounts unpaid may be evidenced by a statement executed by the Association and recorded in the office of the Clerk and Recorder o f Pitkin County, Colorado. The assessment lien shall be a continuing lien upon the Condominium Unit against which any assessment is made. The assessment lien is prior to all other lienS and encumbrances on a Condominium Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Mortgage on the Condominium Unit recorded before the date on which the assessment sought to be enforced became delinquent; and (3) liens for real estate taxes and other governmental assessments or charges against the Condominium Unit. The assessment lien shall also be prior to the Mortgage described in (2) above to the extent of an amount equal to the assessment (based on the periodic budget adopted by the Association which would have become due, in the absence of any acceleration) during the six months immediately preceding institution, by either the Association or any party holding a lien senior to the assessment lien, of an action or a non-judicial foreclosure either to enforce or to extinguish the lien. In no event shall the priority accorded, under this Paragraph. to such lien exceed one hundred fifty percent (150%) of the average monthly assessment during the immediately preceding fiscal year, multiplied by six. This Article does not prohibit all action to recover sums for which this Article creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Condominium Unit shall not affect the Association's lien except that sale or transfer of- any Condominium Unit pursuant to foreclosure ofany first lien security interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien to the extent required by the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu offoreclosure, nor cancellation or forfeiture shall relieve any Condominium Unit from continuing liability for any Assessments thereafter becoming due, nor from the lien thereof. 9.16 LiabilitÂ¥ of Owners. Purchasers and Encumbrancers The aniount of any assessment, charge, fine or penalty payable with respect to any Condominium Unit by the Owner(s), or a Related Party of such Owner, shall be a joint and several obligation to the Association o f such Owner(s) and such Ownerts(s') heirs, personal representatives, successors and assigns. A party acquiring fee simple title to a Condominium Unit shall be jointly and severally liable with the former Owner(s) for all such amounts which had accrued and were payable at the time of the acquisition of fee simple title to the Condominium Unit by such party without prejudice to such party's right to recover any of such amounts paid from the former Owner. Each such amount, together with interest thereon, may be recovered by suit for a inoney judgment by the Association without foreclosing or waiving any liensecuring the same. Subject to Paragraph 9.15 above, which will prevail a First -28- 1111111111" 111111 lili 1111111 lili 111111111 1111111111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 28 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO Mortgagee of a Condominium Unit shall not be liable for any such assessment, charge, fine or penalty and thelien for any such assessments, charges, fines or penalties sliall be j unior ti, ilic li:11 of a First Mortgage on a Condominium Unit taken in good faith for value i f such First Mortgage is perfected by recording in the office of the County Clerk and Recorder of Pitkin County, Colorado, prior to the time a notice of lien for failure to pay any such amount is recorded in such o mee by the Association. 9.17 Statement of Unpaid Assessments. On payment of a reasonable fee specified in rules and regulations adopted by the Board, and on twenty (20) days prior written notice from any Owner, or any mortgagee or prospective mortgagee of a Unit, the Association, by its Managing Agent or Board, shall issue a written statement setting forth the amount o f the unpaid Common Expenses, if any, with respect to the subject Condominium Unit, the amount of the current monthly assessment, the date such assessment becomes due, the amount of any assessment reserve on deposit with the Associations and any credit for advanced payments for prepaid items, including, but not limited to, insurance premiums, which statement shall be conclusive on the Association in favor of atl persons and mortgagees. On payment of a reasonable fee specified in rules and regulations adopted by the Board, on written request, any heir, personal representative, successor and assign shall be entitled to a statement from the Managing Agent or Board setting forth the amount of the unpaid Common Expenses and special assessments, if any, with respect to the subject Unit, the amount o fthe current monthly assessment, the date that such assessment becomes due, the anlount o f any assessment reserve on deposit with the Association, and any credit for advanced payments for prepaid items, including, but not limited to, insurance premiums, which statement shall be conclusive on the Association in favor of all persons who rely thereon in good faith. The provisions contained in this Paragraph shall not apply on initial transfer of the Condominium Units by Declarant, and such sales shall be free from any liens or common or special assessments to the date o f the conveyance by the Declarant. Any Owner shall have the right, from time to time, to mortgage or encumber his Unit by deed of trust, mortgage, or other security mstrument. The Owner of a Unit may create J unior mortgages (junior to the lien, deed of trust, or other encumbrance of the first mortgagee) on his Unit on the following conditions: (a) that any such junior mortgages shall always be subordinate to all o f the terms, conditions, covenants, restrictions, uses, limitations, obligations, liens for Common Expenses, and other obligations created by this Declaration, the Articles, and the Bylaws; and, (b) that the mortgagee under any junior mortgage shall release for the purpose of restoration of any improvements on the mortgaged premises all of his right, title, and interest in and to the proceeds under all insurance policies effected and placed on the Project by the Association. Such release shall be furnished forthwith by a junior mortgagee upon such financing . 9.18 No Further Recordation. Recording of this Declaration constitutes record notice and per fection of the lien. No further recordation o f any claim of lien for assessment under this Article 9 is required. 29 l im lilli mil 11111111111 lili '111'1111111111' 111'11 429811 04/12/1999 01:05P CONDO DE DAVIS SILVI 29 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 9,19 Rights of Encumbrancers. Subject to this Aricle 9, any encumbrancer holding a lien on a Condominium Unit may pay any unpaid Common Expenses payable with respect to such Condominium Unit, and, on such payment, such encumbrancer shall have a lien on such Condominium Unit for the amounts paid of the same rank as the lien of his encumbrance. 9.20 Notice to First Mortgagees. The Association shall, on request, deliver written notice to the first mortgagee of a Condominium Unit of any assessments remaining unpaid for longer than sixty (60) days after the same are due, as well as of any other default of an Owner hereunder known to tile Association which is not cured within sixty (60) days. 9,21 Rights of Other Liens. Declarant states, in accordance with the requirements of the Act, that it is possible that liens other than mechanic's liens, assessment liens, and tax liens may be obtained against the General Common Elements, including judgment liens and mortgage liens 9.22 Release of Lien. Any recorded lien for nonpayment of the Common Expenses may be released by recording a release of lien executed by a member of the Board. 9.23 Costs and Attorneys' Fees. The Association shall be entitled to costs and reasonable attorneys' fees incurred by the Association in a judgment or decree in any action or suit brought by the Association under this Article 9. 10. ADDITIONS, ALTERATIONS AND IMPROVEMENTS - GENERAL AND LIMITED COMMON ELEMENTS. There shall be no capital additions, alterations, or improvements of or to the General or Limited Common Elements by the Association requiring expenditure(s) in excess of Fi fty Thousand Dollars ($50,000.00), or in excess of any amount as determined by the Board at any time to reflect economic realities, in any one (1) calendar year, without, in each case, prior approval by the Owners of seventy percent (70%) of the Common Elements, as shown on Exhibit "1 ". The limitations set forth above shall not apply to any expenditures made by the Association for maintenance and repair of the Common Elements, as set forth in Article 8 hereof, or for repair in the event of damage, destruction, or condemnation, as provided in Article 8 and Article 14 hereo f 11. INSURANCE 1 l.l Insurance Requirements Generally. The Association or Managing Agent shall obtain and maintain in full force and effect at all times certain property, liability and other insurance as hereinafter provided. All such insurance shall be obtained from responsible companies duly authorized and licensed to carry on the insurance business in the State of Colorado. All such insurance, to the extent possible, shall maine the Association as the insured, in its individual capacity and also either as attorney-in-fact or trustee for all Owners and each Owner as a named insured. To the extent reasonably possible without unreasonable cost, insurance: (a) shall to the extent possible provide for a waiver of subrogation by the insurer as to claims against the Association, its managers, - 30 - l im lilli mi 11111111111 lili '11'111111111 lilli lili 429811 04/12/1999 04:05P CONOO DE DAVIS SILVI 30 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO officers. employees and agents and against each Owner and each Ownerfs employees, agents and Related Parties; (b) shall provide that the insurance cannot be canceled, invalidated or suspended on account of the conduct of the Association, its o fficers, managers, employees and agents or of any Owner or such Owner's Related Parties; (c) shall provide that any "no other insurance" clause in the insurance policy shall exclude any policies of insurance maintained by any Owner or Mortgagee and that the insurance policy shall not be brought into contribution with insurance maintained by any Owner or Mortgagee; (d) shall contain a standard mortgage clause endorsement in favor of the Mortgagee of any Condominium Unit except a Mortgagee ofa Condominium Unit who is covered by other similar insurance; (e) shall provide that the policy of insurance shall not be terminated, canceled or substantially modified without at least ten (10) days prior written notice to the Association and to each Owner and to each Mortgagee covered by any standard mortgage clause endorsement; and (f) shall provide that the insurer shall not have the option to restore the premises if condominium ownership of the Project is to be terminated or the Project is to be sold in its entirety in accordance with the destruction, condemnation and obsolescence provisions o f this Declaration. To the extent possible, public liability and property damage insurance shall provide for coverage of any cross-liability claims of Owners against the Association or other Owners and o f the Association against Owners without right of subrogation. Any insurance policy may contain such deductible provisions as the Association deems consistent with good business practices. All policies shall be written by a company, or companies, falling into a financial category as designated in Best's Key Rating Guide, of Commercial or better. Certificates of insurance coverage or copies of insurance policies shall be issued to each Owner and each Mortgagee who makes written request to the Association for any such certificate or copy of an insurance policy. The cost and expense of all insurance obtained by the Association, except insurance covering additions, alterations or improvements made to a Condominium Unit by an Owner or the contents therein or other insurance obtained at the request of and specifically benelitting any particular Owner, shall be a Common Expense to be covered by assessments as elsewhere provided in this Declaration. The Association shall obtain an independent appraisal of the Project at least every three (3) years, or more often i f the Board deems it advisable; provided, however, that said appraisal may be performed by an appraiser employed by an insurance company. 11.2 Property and Casualty Insurance, The Association shall obtain and maintain property and casualty insurance covering the Project, and each lJnit, covering loss or damage by fire and such other hazards as are covered under standard extended coverage policies, with vandalism and malicious mischiefendorsenients, and, if available and if deenied appropriate by the Association, other casualty risks, for the full insurable replacement cost of the Project, including each Unit with an inflation guard endorsement that automatically increases the amount of coverage by a fixed percentage at least quarterly. At the option of the Association, such insurance may also cover -31- i 11'll lilli 1111111111 1111111 lili 111111111 lili lilli lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 31 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO additions, alterations, or improvements to a Unit made by an Owner if the Owner reimburses the Association for any additional premiums attributable to such coverage. The Association shall not be obligated to apply any insurance proceeds to restore a Condominium Unit to a condition better than the conditions existing prior to the making of additions, alterations, or improvements by an Owner, in the absence of insurance covering such additions, alterations, or improvements as aforesaid. Each Owner shall be a named insured under these policies. The Board shall from time to time be required to redetermine the full replacement cost of the Common Elements, the Association Properly and the Units in accordance with the requirements of the insurance company providing such property insurance. 11.3 Public Liability and Property Damage Insurance. The Association shall obtain and maintain comprehensive public liability and properly damage insurance covering personal liability, property damage liability and automobile personal and property daniage liability of the Association, its officers, directors, managers, employees and agents and of each Owner and each Owner's Related Parties, arising iii connection with ownership, operation, maintenance, occopancy or use of the Project or of any Condominium Unit in the Project with single limit of not less than $1,000,000 for each occurrence involving bodily injury liability and/or property damage liability, together with an umbrella policy in the amount of 53,000,000.00 or in such amounts as shall be deemed prudent by the Board from time to time. 11.4 Worker's Compensation and Employer's Liability Insurance. The Association shall obtain and maintain worker's compensation and employer's liability insurance as may be necessary to comply with applicable laws. 11.5 Insurance bv Owners. Insurance coverage on contents, merchandise, furnishings, and other items of personal or other property belonging to an Owner, and public liability coverage within each Unit, shall be the sole and direct responsibility of the Owner thereof, and the Board, the Association, and the Managing Agent shall have no responsibility therefor. Any insurance policy obtained by an Owner shall be such that it will not diminish or adversely affect or invalidate any insurance or insurance recovery under policies carried by the Association, and shall, to the extent possible, contain a waiver of the right o f subrogation by the insurer as to any claim against the Association, its officers, managers, agents, and employees, and against the Owners and their employees and guests. A copy of any insurance policy obtained by an Owner shall be furnished to the Association on the written request of tile Association. 11.6 Receipt aud Application of Proceeds. Except as some particular person has a legal right to receive insurance proceeds directly, all insurance proceeds and recovenes shall be paid to and received by the Association. At] insurance proceeds or recoveries received by the Association shall be applied by the Association: first, as expressly provided elsewhere in this Declaration; second, to the Owners or persons who the Association may determine arc legally or equitably - 32 - 1111111 lilli 111111 lili till'll lili llill' 11111111 lili x111 4298 11 04/12/1999 04:05P CONDO DE DAVIS SILVI 32 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO entitled thereto, and third, the balance, if any, to Owners in proportion to their respective interests in General Common Elements. 11.7 Other Insurance bÂ¥ Association. The Association shalll also have the power or authority to obtain and maintain other and additional insurance coverage, including casualty insurance covering personal property of the Association, fidelity bonds or insurance covering employees and agents of the Association and insurance indemnifying officers, managers, directors, employees and agents of the Association. 11.8 Owner-Increased Premiums. In the event that, as a consequence of the hazardous use of any Condominium Unit, or of any Owner installed improvenients to any Condominium Unit, the premiums of any policy of insurance purchased by the Association are increased, or special policy is required, the cost of such increase or specific policy shall be payable by the Owner of such Condominium Unit. 12. DAMAGE, DESTRUCTION AND OBSOI,ESCENCE. This Declaration does hereby make mandatory the irrevocable appointment ofan attorney-in- fact to deal with the Project on its destruction, repair, or obsolescence. Title to any Unit is declared and expressly made subject to the terms and conditions hereo f, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute appointment of the attorney-in-fact as herein provided. 12.1 Rights of Association as AttorneÂ¥-in-Fact. All ofthe Owners irrevocably constitute and appoint the Association as their attorney-in-fact for the purpose of dea]ing with the Project on its destruction, repair, or obsolescence, as is hereinafter provided. As attorney-in-fact, the Association, by its President and Secretary, shall have full and complete authorization, right and power to make, execute, and deliver any contract, deed, or any other instrument with respect to the interest of an Owner which is necessary and appropriate to exercise the powers herein granted. Repair and reconstruction of the improvements as used in the succeeding Paragraphs means restoring the improvements to substantially the same condition in which the improvements existed prior to the damage, with each Unit, the General Common Elements, and the Limited Common Elements having substantially the same vertical and horizontal boundaries as before. Except as is otherwise herein provided, the proceeds of any insurance collected shall be available to the Association for the purpose o f repair, restoration, or replacement, unless all Owners and all first morlgagees agree not to rebuild in accordance with the provisions set forth hereinafter, 12.2 No Abatement of Assessments. Assessments for Common Expenses shall not be abaled during the period of insurance adjustment, and repair and reconstruction. - 33 - 1111111 lilli 111111 lili 1111111 lili 111111111 lilli lili '111 429811 04/12/1999 04:08P CONDO DE DAVIS SILVI 33 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO 12.3 Damage/Seventy-Five Percent (75%) of Project or Less. In the event of damage or destruction to the Project to the extent of not more than seventy- five percent (75%) of the square foot area of the Building to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Association, as attorney-in-fact, to such reconstruction, and the improvements shall be promptly repaired and reconstructed. The Association shall have full authority, right, and power, as attorney-in-fact, to cause the repair and restoration o f the improvements. If the insurance proceeds are insufficient to repair and reconstruct the improvements, and if such damage is to the extent of not more than seventy-five percent (75%) of the square foot area of the Building, such damage or destruction shall be promptly repaired and reconstructed by the Association, as attorney-in-fact, using the proceeds of insurance and the proceeds o f an assessment to be made against all of the Owners and their Units. Such deficiency assessment shall be a common expense and made pro rata according to each Owner's interest in the Common Elements, as set forth on Exhibit "1" attached hereto, and shall be due and payable within thirty (30) days after written notice thereof. The Association shall have full authority, right and power, as attorney-in-fact, to cause the repair or restoration of the improvements using all o f the insurance proceeds and such assessments, notwithstanding the failure of an Owner to pay an assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his or her Unit, and may be enforced and collected as is provided herein above. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the Unit of any Owner refusing or fuiling to pay such deficiency assessment within the time provided, and, if not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by the Association, as attorney-in- fact. The proceeds derived from the sale of such Unit shall be used and disbursed by the Association, as attorney-in-fact, in the following order: 12,3.1 For payment of taxes and special assessment liens in favor of any assessing entity and customary expenses o f sale; I 2.3.2 For payment of the balance of the lien of any first mortgage; 12.3.3 For payment of unpaid Common Expenses, including the prorated share of the deficiency assessment, attorneys' fees. and costs of collection; 12.3.4 For payment ofjunior liens and encumbrances in the order of and to the extent of their priority; and 12.3.5 The balance remaining, if any, shall be paid to the Owner whose Unit is sold. - 34 - 1111111111111111111111111111111111111111111111111111111 429811 04/12/1999 04:08P CONDO DE DAVIS SILVI 34 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 12.4 Damage/More T han Seventy-Five Percent (75%) of Project. If the Project is destroyed or damaged to the extent ofmore than seventy-five percent (75%) of the square foot area of the Building, and the Owners o f seventy percent (70%) or more of the Common Elements, as set forth on Exhibit "1 " attached hereto, adopt a written plan for reconstruction, then all of the Owners shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense, and shall bc made pro rata according to each Owner's percentage interest in the Common Elements, as set forth on Exhibit "1" attached hereto, whichever applies and shall be due and payable as provided iii the terms of such plan, but not sooner than thiIty (30) days after written demand thereof. The Association shall have the right to use, in accordance with such plan, all proceeds of insurance for such destruction or damages, as well as the proceeds of an assessment to be made against all of the Owners and their Units. The Association shall have full authority, right, and power, as attorney-in-fact, to cause the repair and restoration o f the improvements using all o f the insurance proceeds and assessments for such purpose, notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt o f each Owner and a lien on his Unit, and may be enforced and collected as is provided herein above. In addition thereto, the Associatioii, as attorney-in-fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such assessment within the time provided, and, i f not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by the Association. The proceeds derived from the sale of such Unit shall be used and disbursed by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in Subparagraphs 13.3.1 through 13.3.5 of Paragraph 13.3. If the Project is damaged or destroyed to the extent of more than seventy-five percent (75%) o f the square foot area of the Building, and if the Owners of seventy percent (70%) or more of the Common Elements, as set forth on Exhibit "1" attached hereto, vote not to adopt a plan for repair and reconstruction, the Association shall forthwith record a notice setting forth such fact or facts, and, on the recording of such notice by the Association's President and Secretary, the entire remaining Project shall be sold by the Association, as attorney-in- fact for alI of the Owners, free and clear of the provisions contained in this Declaration, the Map, the Articles and the Bylaws. The insurance settlement proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each Owner's interest in the Common Elements, as set forth on Exhibit "[" attached hereto, and such divided proceeds shall be paid into separate accounts, each such account representing one (1) of the Units. Each such account shall be in the name of the Association, and shall be further identified by the Unit designation and the name of the Owner. Thereafter, each such account shall be supplemented by the apportioned amount of the proceeds derived from the sale of the entire Project. Such apportionment shall be based on each Owner's percentage interest in the Common Elements, as set forth on Exhibit " 1" attached hereto. The total funds ofeach account shall be used and disbursed, without contribution from one account to another by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in Subparagraphs 13.3.1, through 13.3,5 of Paragraph 13.3. The provisions contained in Paragraph - 35 - 11111111111111111111111111111 lili 111111111111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 35 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 13,3 shall not hinder the protection given to a first mort~agee or first deed of trust holder under a mortgagee or deed ortrust endorsenient. 12.5 Plan for Renewal and Reconstruction, The Owners of seventy percent (70%) or more of the Common Elements, as set forth on Exhibit "1 " attached hereto, may agree that the Units and the Common Elements arc obsolete, and adopt a plan for the renewal and reconstruction thereof. Ifa plan for the renewal or reconstruction is adopted, notice of such plan shall be recorded, and the expense of renewal and reconstruction shall be payable by all of the Owners as a common expense; and shall be made pro rata according to each Owner's percentage interest in the Common Elements, as set forth on Exhibit "1" and shall be due and payable as provided in the terms of such plan, but not sooner than thirty (30) days after written demand thereo f. The assessment provided for herein shall be a debt of each Owner and a lien on his Unit, and may be enforced and collected as is provided herein above. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the Unit of any Owner refusing or failing to pay such assessment within the time provided, and, if not so paid, the Association shall cause to be recorded a notice that the Unit of the delinquent Owner shall be sold by the Association. The proceeds derived from the sale o f such Unit shall be used and disbursed by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in Subparagraphs 13.3.1 through 13.3.5 of Paragraph 13.3. 12.6 Termination of Common Interest Community. In compliance with C.R.S. Â§38-33.3-218, the Owners representing seventy percent (70%) or more of the Common Elements, as set forth on Exhibit " 1" attached hereto, may agree that the Units are obsolete and the property should be sold. In such instance, the Association shall forthwith record a termination agreement executed by a majority of Owners in the same manner as a deed, setting forth such fact or facts, and, on the recording o f such termination agreement by the Association's President and Secretary, the entire Project shall be sold by the Association, as attorney-in-fact for all of the Owners, free and clear of the provisions contained in this Declaration, the Map, the Articles and the Bylaws. The termination agreement must specify a date after which the agreement is void i f not recorded. The sale proceeds shall be apportioned between the Owners on the basis of each Owner's percentage interest in the Common Elements, as set forth on Exhibit "1" attached hereto, and such apportioned proceeds shall be paid into separate accounts, each such account representing one ( 1) Unit. Each such account shall be in the name of the Association, and shall be further identified by the Unit designation and the name of the Owner. From each separate account, the Association, as attorney-in- fact, shall use and disburse the total amount (of each) of such accounts without contribution from one (1) account to another for the same purposes, and in the same order as is provided in Subparagraphs 13.3.1 through 13.3.5 of Paragraph 13.3. 13. CONDEMNATION/EMINENT DOMAIN. 13.1 Consequences of Condemnation. If, at any time or times during the continuance ofcondominium ownership pursuant to this Declarations all or any part of the Project shall be taken. - 36 - 1111111111~ 111111 lili 1111111 1111 milli 111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 38 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO condemned by any public authority, or sold or otherwise disposed of in lieu of or in avoidance thereof, the provisions ot this Paragraph shall apply. 13,2 Proceeds. All compensation, damages, or ollier proceeds therefrom, the sum of which is hereinafter called the "condemnation award", shall be payable to the Association for distribution as hereafter set forth. 13.3 Complete Taking. In the event the entire Project is taken, condemned, sold, or otherwise disposed of in lieu of or in avoidance thereof condominium ownership pursuant to this Declaration shall terminate. The condemnation award shall be apportioned among the Owners in proportion to their respective undivided interests in the Common Elements, as set forth on Exhibit "1" attached hereto; provided, however, that, if a standard di iferent from the value of the Project as a whole is employed to measure the condeinnation award in the negotiation, j udicial decree or otherwise, in determining such share, the same standard shall be employed to the extent it is relevant and applicable. 13.4 PartiaITaking. In the event less than the entire Project is taken, condemned, sold, or otherwise disposed ofin lieu ofor in avoidance thereof, the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the condemnation award to be determined in the following manner. As soon as practicable, the Association shall reasonably and in good faith allocate the condemnation award among compensation, damages and other proceeds, and shall apportion the amounts so allocated among the Owners as follows: 13.4.1 The total amount allocated to taking ofor injury to the Common Elements shall be apportioned among the Owners in proportion to their respective undivided interests in the Common Elements so taken. 13.4.2 The total amount allocated to severance damages shall be apportioned to those Units which were not taken or condemned. 13.4.3 The respective amounts allocated to the taking of or injury to a particular Unit, and/or improvements an Owner had made within his own Unit, shall be apportioned to the particular Unit involved. 13.4.4 The amount allocated to consequential damages and any other takings or injuries shall be apportioned as the Association determines to be equitable under the circumstances. If an allocation of the condemnation award is already established in negotiation, judicial decree or otherwise, in allocating the condemnation award, the Association shall employ such allocation to the extent it is relevant and app[icable. Any distribution of the condemnation award made pursuant to this Paragraph shall be made by checks payable jointly to the Owners and their first inortgagees. -37- 1111111111111111111111111111111111111111111111111111111 429811 04/12/1999 04:09P CONDO DE DAVIS SILVI 37 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO 13,3 Distribution. The Association shall, as soon as practicable, determine the share of the condemnation award to which each Owner is entitled. Such shares shall be paid into separate accounts and disbursed as Soon as practicable; provided, however, that in the event of a complete taking, such distribution shall he made in the same manner as is provided in Subparagraphs 13.3.1 through 13.3.5 of Paragraph 13.3. 13.6 Mortgagee Notjce. The Association shall give timely written notice to each first mortgagee of the commencement of any condemnation or eminent domain proceedings. and shall notify the first mortgagees in the event of the taking of all or any part of the General Common Elements. 13.7 Reorganization. In the event a partial taking results in the taking of a complete Unit, tlic Owner thereof automatically shall cease to be a member of the Association, and such Owner's interest in the Common Elements shall thercupon terminate, and the Association, as attorney-in-fact for such Owner, may take whatever action is necessary, and execute such documents as are necessary, to reflect such termination. Thereafter, the Association shall reallocate the ownership, voting rights, and assessment ratio determined in accordance with this Declaration, according to the same principles employed in this Declaration at its inception, and shall submit such reallocation to the Owners of remaining Units for amendment of this Declaration, as provided in Paragraph 14.3 of Article 14. 14. MISCELLANEOUS 14.1 Declarant's Rights Transferable. Any right or interest o f the Declarant established or reserved in this Declaration may be transferred or assigned by Declarant either separately or with one or more of such rights or interests. 14.2 Duration of Declaration. Each provision contained in this Declaration which is subject to the laws or rules sometimes referred to as the Rule Against Perpetuities or the rule prohibiting unreasonable restraints on alienation shall continue and remain in full force and effect for the period of twenty-one (21) years following the death of Forrest L. Smith and Gideon I. Kaufman, and the now living children of such persons (the "Perpetuities Period") or until the Declaration is terminated as hereinafter provided, whichever first occurs, unless within such Perpetuities Period this Declaration is renewed by the affirmative act of Owners of all of the then existing Condominium Units as signified by a writing subscribed by all of such Owners and placed of record in the Pitkin County real property records. All other provisions contained in this Declaration shall continue and remain in full force and effect until condominium ownership of the Project and this Declaration is terminated or revoked, as hereinafter provided. 14.3 Amendment and Termination. Any provision contained in this Declaration may be amended, or additional provisions may be added to this Declaration, and Unit ownership of the Project may be terminated or revoked by the recording of a written instrument or instruments specifying the amendment or addition, or the fact of termination and revocation, executed by the -38- 1 11111111111 mi lili 1111'll lili 111111111 lili lili till 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 38 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO Owners, as shown by the records ofthe office of tile Clerk and Recorder of Pitkin County, Colorado, of Units representing an aggregate ownership interest of a rmajurity of the Common Elements, as set forth on Exhibit"1 " attached hereto; provided, however, thal in no event shall the undivided interest of an Owner in the Common Elements be decreased without the unanimous consent of each Owner; and provided, further, that so long as Declarant continues to own one (1) or more Units which lie is holding for rental or sale, no right of Declarant contained in this Declaration may he amended or modified without the consent of Declarant and, provided further, that no amendment may be made to lessen the percentage of ownership o f the Common Elements set forth herein as being required for any action set forth in any specific paragraph or subparagraph hereof. 14.4 Enforcement and Remedies. Each provision o f this Declaration with respect to an Owner or the Condominium Unit of an Owner shall be enforceable by the Association by a proceeding for a prohibitive or mandatory injunction or by a suit, including an action of foreclosure, or action to recover damages, or, in the discretion o f the Association, for so long as any Owner fails to comply with any such provisions, by denial of all voting rights of such Owner and exclusion of such Owner and Related Parties of such Owner from use of any Common Elements. If court non- judicial proceedings are instituted in connection with the rights of enforcement and remedies provided in this Declaration, the prevailing party shall be entitled to recover its costs and expenses in connection therewith, including reasonable attorneys' fees. 14.5 Obligations of Grantees. Each grantee ofthe Declarant, by the acceptance of a deed ofconveyance, accepts the same subject to all terms, provisions, easements, restrictions, conditions, cove;nants, reservations, liens and charges, and the jurisdiction, rights, and powers created or reserved by this Declaration, the Articles, and Bylaws of the Association, and the provisions o f the Colorado Common Interest Ownership Act, as at any time amended, and all easements, rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any person having at any time any interest or estate in said manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance. 14.6 Effect of Provisions of Declaration. Each provision of this Declaration, and an agreement, promise, covenant, and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant oftitle, estate, right, or interest to effectuate any provision of this Declaration, shall: 14.6.1 be deemed incorporated in each deed or other instrument by which right, title, or interest in the Project, or in any Condominium Unit, is granted, devised or conveyed, whether or not set forth or referred to in such deed or instrument; 14.6.2 byvirtue ofacceptance ofany right, title, orinterestin the Project, orin any Unit by ati Owner, be deemed accepted, ratified, adopted, and declared as a personal covenant of such Owner and, as a personal covenant, shall be binding on such Owner and - 39 - 11111111111111111111111111111 lili 111111111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 39 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO such Owner's heirs, personal representatives. successors and assigns, and shall be deemed a personal covenant to, with and for the benefit of the Association, and not to, with, or for the benefit o f any other non-aggrieved Owner; 14.6.3 be deemed a real covenant by Declarant, for itself, its successors and assigns, and also art equitable servitude running, in each case, as a burden with and on the title to the Project and each Unit and, as a real covenant and also as an equitable servitude, shall be deemed a covenant and servitude for the benefit of the Project and each IJnit; and 14,6,4 be deemed a covenant, obligation and restriction secured by a lien in favor of the Association burdening and encumbering the title to the Project and each Unit in favor of the Association. 14.7 Protection of Encumbrancer. Subject to the other related provisions of this Declaration, no violation, breach of or failure to comply with any provision of this Declaration, and no action to enforce any such provision, shall affect, defeat, render invalid, or impair the lien of any first mortgage or other lien on any Unit taken in good faith and for value, and perfected by recording in the office of the Clerk and Recorder of Pitkin County, Colorado, prior to the time of recording in such office, an instrument describing the Unit, and listing the name or names of the Owner or Owners of fee simple title to the Unit, and giving notice of such violation, breach or Failure to comply; nor shall such violation, breach, failure to comply, or action to enforce, affect, defeat, render invalid or impair the title or interest of the holder of any such first mortgage or other lien, or the title or interest acquired by any purchaser on foreclosure of any such first mortgage or other lien, result in any liability, personal or otherwise, of any such holder or purchaser. Any such purchaser 011 foreclosure shall, however, take subject to this Declaration; provided, however, that violation, breaches o f or failure to comply with any provisions of this Declaration which occurred prior to the vesting of fee simple title in such purchaser shall not be deemed breaches or violations hereo f, or fuilures to comply herewith, with respect to such purchaser, his heirs, personal representatives, successors or assigns. 14.8 Limited Liability. Neither Declarant, the Association, the Board and each Director or the Officers of the Association, the Director, nor any Member, agent or employee o f any o f the same shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Without limiting the generality of the foregoing, the Board and each Director, Officers of the Association, and each of them, shall, not be liable for any failure of any services to be obtained and paid for by the Association hereunder, or for any injury or damage to person or property caused by the elenients or by another Owner or person in the Project, or damage from electricity, water, rain, snow or ice which may leak or flow from outside or from any part of the building, or from any of its pipes, drains, conduits, appliances or equipment or from any other place, unless caused by gross negligence of the Board and each Director, Officers of the Association, as the case may bc. No diminution or abatement of regular assessments shall be claimed or allowed for inconvenience or discomfort -40- l illill 11"111111' lili 1111111 lili '11111111 lilli lili lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 40 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO arising from the making of repairs or improvements to the Common Elements or from any action taken to comply with any law, ordinance or order of a governmental authority. 14.9 Failure of Board to Insist on Strict Performance. The failure of the Board and/or each Director to insist, in any one or more instances, upon strict performance of any of the lenns, covenants, conditions or restrictions o f this Declaration, or to exercise any right or option hercin contained, or to serve any notice or to institute any action, shall not be construed as a waiver of a relinquishment with respect to the future enforcement of such term, covenant condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect The inactivity of the Board after receipt by any one of them of any charge from any Owner with knowledge of the breach of any covenant, term, condition or restriction hereof shall not be deemed a waiver of such breach, and no waiver by the Board and/or each Director of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board and/or each Director. 14.10 Supplemental to Law. The provisions of this Declaration shall be in addition and supplement to the Act, and to all other provisions of law. 14.1 1 Numbers and Genders. Whenever used herein, unless thecontextshall otherwise provide, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. 14.12 Successors in Interest. This Declaration shall be binding on and shall inure to the benefit of the Declarant, the Association, and each Owner, and the heirs, personal representatives, successors and assigns of each of them. 14.13 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the Association, and each Owner and the heirs, personal representatives, successors and assigns o f each. 14.14 Severability. Invalidity or unenforceability ofany provision of this Declaration, in whole or in part, shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. 14.15 Captions. Tile captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration. 14.16 Registration of Mailing Address. Each Owner shall register his mailing address with the Association, and all notices or demands, except routine statements and notices, intended to be served upon an Owner shall be sent by certified mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. If more than one person or entity owns a Condominium Unit, the Condominium Unit Owner shall register one address only with the Association and thal address shall be deemed the registered address for all Owners of that - 41 - 111'1111 '111 mil lili 11111111111111111111111'l lili l i li 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 41 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO ConÂ®minium Unit, All notices, demands or other notices intended to be served upon the Board of the Association or the Association shall be sent certified mail, postage pitpaid, to the mailing address of the Association in Pitkin County, Colorado. 14.17 Certificate of Identity There shall be recorded, fiÂ·om time to titne, a certificate of identity which shall include the addresses of the persons then comprising the management body (directors and officers), together with the identity and address of the Managing Agent. Such certificate shall be conclusive evidence of the in formation contained therein, in favor of any person relying thereon in good faith, regardless of the time elapsed since the date thereo f. IN WITNESS WHEREOF, the Declarant has executed this Declaration the day and year first above written. GRANITE PROPERTIES INCORPORATED, A California Corporation r- B~/2- LzÂ»En - Forrest L. Smith, President STATE OF COLORADO ) ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _0â‚¬ftlay of' March, 1999 by Forrest L. Smith as President of Granite Properties Incorporated, a Cali fornia Corporation. -<s:,111=11.*VITNESS my hand and offjcial,seal. ~ expire1. 3/24(leet' Notary Publi~/ CONSENT AND SUBORDiNATION OF LIENHOLDER TH]S SUBORDINATION is attached to and made a part of that certain Condominium Declaration for The Totems, a Condon-linium (the "Declaration") dated as of the day and year first written above, and executed by Granite Properties Incorporated, a California Corporation. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, tile undersigned, Alpine Bank - Aspen Branch, as Mortgagee under that certain Mortgage recorded May 30, 1997 as Reception No, 404879 in the records oithe Clerk and Recorder of Pitkin County, Colorado (the "Mortgage'), hereby consents to the grant of the - 42 - 111111111111111111 lili 1111111 lili 1111111111111111111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 42 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO Declaration, subordinates the lion of the Mortgage to the Declaration, agrees that any Rircelosure of the Mortgage shall not adversely affect the existence or continuing validity of the Declaration, which Declaration shall run with the land and remain in full force and effect as if such Declaration were delivered and recorded prior to the delivery and recording of the Mortgage. FOR GOOD AND VAL[JABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the undersigned, 620 East Hopkins, LLC, as Mortgagee under that certain Mortgage recorded May 30,1997 as Reception No. 404881 in the records ofthe Clerk and Recorder of Pitkin County, Colorado (the "Mortgage")~creby consents to the grant of the Declaration, subordinates the lien of the Mortgage to the Declaration, agrees that any fbrectosure ofthe Mortgage .Â£ OCED O% TROSr shall not adversely affect the existence or continuing validity of the Declaration, which Declaration shall run with the land and remain in full force and effect as if such Declaration were delivered and recorded prior to the delivery and recording ofthe Mortgage,4 110 b Vâ€¢'b 05- -Thu :T. Notwithstanding such consent and subordination, such propeily shall remain encumbered by such deed of trust unless released in accordance with applicable laws. IT WI INESS WHEREOF, the undersigned have executed this Subordination of Lienholder. ALPINE BANK - ASPEN BRANCH 620 EAST HOPKINS, LLC By: 1Â£16#M Byt l 04 6-' 4-- L â‚¬ \" / L LOQI KHErTS , Its VtÂ¢effENDENt. Ou.71 L /4:JrÂ¥ ,Its __39.00Â£ 4,9 /4.aanc,ur 1 crrY o ASPEN agreement\condo dec the lotenls ly- bilgtoy4-, Its _04 22/14-0,= *AMS 7714 OrtÂ¥ B ASPEA/, As dev#Ficâ€¢*AÂ¥ 0â€¢01tl-le u CrATA,4 13Â·BU> o P -i RoiT -REc oRSE D O<=Â¥03t4 ,6, e.644=5 lÂ»+ A.a RectploN k[0, 10,381 tALTHU Reco#49 et pmAM Co/All Â¥ O,\E,UL,AJAFTE'A 'losets .4 7*UST" ') - 43 1 1111111111 111111 lili Ill'1111111 ill'11 11111111111 lili 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 43 of 44 R 221.00 0 0.00 N 0.00 PITKIN COUNTY CO EXHIBIT "1" rHE TOTEMS. A CONDOMINIUM Unit Ownership o f Common Elements 1 31% 2 6% 3 6% 4 6Â°/0 5 6% 6 25% 7 5% 8 3% 9 3% 10 3% 11 3% 12 2% 13 1% 111111111111111111111111111111111111111111111111111111 429811 04/12/1999 04:05P CONDO DE DAVIS SILVI 44 of 44 R 221.00 D 0.00 N 0.00 PITKIN COUNTY CO AMENDMENT TO CONDOMINIUM DECLARATION FOR l'HE TOTEMS A CONDOMINIUMS THIS AMENDMEN 1 to the Condominium Declaration for the Toterns: a Condominium (the "Condominium Complex") is made as of this -~Z~day of /k,4 1 5 4- , 1999, by the owners representing an aggregate ownership interest of, as reflected in the real estate recoMs of Pitkin County, Colorado. WITNESSETH: WHERIMS, there has been previously recorded the Condominium Declaration for the Totems (the "Declaration") on April 12.1999 as Reception No. 429811 of the records of Pitkin County, Colorado: and WHEREAS, there has been previously recorded a Condominium Map of the Totems Condominiums (the "Map") on April 12, 1999 10 Plat Book 49 at Page 14 - 16 as Reception No. 429812 of the records of Pitkin County, Colorado; and WHEREAS, the undersigned owns condominium units 1 - 13, which is all of the condominium units in the Condommium Complex; and , WHEREAS, the owner of all of the Common Elements of the Condominium Complex, consents and agrees that the Declaration should be amended in various aspects, as detailed below. NOW, THEREFORE. the undersigned being the owner of all the condominium units in the Condominium Complex does hereby consent and agree to the following: 1. Name of Condominium Complex: The name of the Condominium Complex is hereby changed to "620 E. HOPKINS CONDOMINIUMS". Al! references to the Totems Condominiums in this Declaration is hereby deleted and 620 E. Hopkins Condominiums is hereby substituted. 2. Amendment to Map: The Condominium Map is hereby amended by deleting all references to the 'lotems Condominiums and substituting the name 620 E. Hopkins Condominiums. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year first written above. The Robert Clark Trust Dated 9/22/93 By.~LiTJ QJ>-'.\ Robert D. Clark, Trustee Â«\ STATE OF CO[ORADO ) ) SS. COUNTY OF 6-Deti,â€ž, ) r The foregoing instmment was acknowledged before me this izzÂ£ day of [ ~ u~, 1999. by Robert D. Clark, Tmstee of the Robert Clark Trust Dated 9/22/93. 71 - - Ntrul#~R~i~tlFai'd ~.1. ( 16 Ek 60 r 4 â‚¬L.c. P 5,# - al, 43-Â»ath 34Â» /-~7 :1'4'irtf h ? ",c \ :.240Â· 1â‚¬5.49 Notary Public i i I ' ,... : *i.. L u s , ' ...i 1 lilli 11111 lilli lili lilli l'111111111111 lilli lili lili F'. \2.'..0~ fÂ·0 ..' 4./*I i.?Â«~ 434517 08/17/1999 03:16P AMEND DE DAVIS SILVI 1 of 1 R 5.00 D 0.00 N 0.00 PITKIN COUNTY CO RECEPTION#: 562689, 09/11/2009 at 04:10:48 PM, 1 OF 2, R $11.00 DF $0.00 Janice 5 Caudill, Pitkin County, CO SPECIAL WARRANTY DEEO THIS SPECIAL WARRANTY DEED, Made this 28th day of August, 2009, between Stewart Title Comptiny, a TexaG corporation, of Harris County, Texas wlth i legal address of 1980 Pest Oak Blvd., Houston, Texas 77058, 'Grantor "herein, and Stewart TItle of California, Inc., a California corporation, with a legal addreas of P O. Box 2000, Vail, CO 81658, "Grantee" herein: WITNESS, that the Grantee for NO consideration and solely as a gift of which Grantee acknowledges and accepts, has granted, bargained, sold and oonveyed, and by these present, does grant, bargain, sell. convey and confirm, unto the Grantee, Its successorn and assigns forever, all the real property, together with improvementt if any, situate, lying and being in the said County of Pitkin and State of Colorado described in the Attached Exhibit "A" and commonly known by street and number as: 620 East Hopkins Avenue, Aspen, Colorado 81611. TOGETHER with all and singular the heredltaments and appurtenances thereto belonging, or in anywise appertaining, and the reverslon and reversions, remainder and remainders, Fent@, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Granter, either in law or equity, of, in and to the above bargalned premises, with the heredltaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possesmon of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor but no others, IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on the date set forth above.lfh Stewart pplf-co/WDâ€¢Rx: a 04kl:orporation By.1-32*AN -~ l#443 -~wart Morris, Jr. President l~j ,Â« State of Texas Â§ County of Harris Â§ The foregoing instrument was acknowledged before me this 28th day of August, 2009, by Stewart Morris. Jr ae President of Stewart TItle Company, a Texas Corporation, who is perionally known to me. Witne,0 m~.hand and official seal. My commission expires: ~ih)L /13*A (A-1184*UINU CITY OF ASPEN Seal EXEMPT FROM HAETT M Notary Public 74ITY OF ASUEN DATE REP NO. /#X/:MPT FROM 04:Rgi 9/(7,69 w.Â£# 6 990 (~DXTE REP. d29*X LOU ANN Ya#Quila -2.Lm to: 7/,//09 94'/ 0/90 4(:*A -intâ€¢=a 5Aw.,Â·ETFUâ‚¬_ NOTARY PUBUO ~21~1~COMM JUIX 14,2012 RO-7%0.. 2000 UA'L. CO % I GS9* RECEPTION#: 562689, 11/2009 at 04:10:48 PM, 2 OF 2, Janice K. Vos Caudi] 'itkin County, CO EXHIBIT A TO SPECIAL WARRANTY DEED Condominium Units 1 through 13, Together with all interest in the common elements, 620 E. HOPKINS CONDOMINIUMS, formerly THE TOTEMS CONDOMINIUM, According to the Condominium Map thereof filed April 12, 1999 in Plat Book 49 at Page 14 as Reception No. 429812, and as defined and described in the Condominium Declaration recorded April 12, 1999 at Reception No. 429811, and Amendment to said Condominium Map and Declaration recorded August 17, 1999 at Reception No. 434517. Commonly known by street and number as: 620 East Hopkins Avenue, Aspen, CO 81611 j O-1 BLACK & V~TCH iv/, Building a world of difference: City of Aspen - Wireless Telecom (Administrative) - 5/3/10 Verizon Wireless - Antenna Modification - Aspen VICINITY MAP f 2: 4 ,1 L~~ - -- W Hailam St 4% f W ar St E #faNam Sf Rio Grande - 0.104 0 O 0 Ba11 Field W Ma,n St 7 1 f f 3 % *3'.422 - 6848* efs, Site Locatifwdâ€ž 2 844 4 a i CO E - -- I 0 f ~4*4544, ~~ ~~ 23- E ~ *sc-- -4 884.4.4 W *mâ€ž Ave *Aspen 0 4 Herron '6 3 E *ar,Al. ter ===12.-/ . 0 m / -Av. p Koch E Ck.. c i u, 1 1 Lumber 6 -Ave af Wagnor, / Palk i. , f '.1 : ' 4 6Â¢00.-44 0 01) 2 Ells Key 2 6 +4â€ž-7 44 IL * =~** JuanSt 1 E Deans, 4 6 -- 6 co~06 6 0-3, 6 4*4 ~ AQ- 6 Gee,7 s,2 - 0 6,Â·"Wd : 0 -illim. Â· f f 808*>St CO Glory E pÂ¥ Hole *e#4# -i Park 620 E. Hopkins Ave., Aspen, CO 80166 Site Name: Aspen / DN4536 Page I of 1 N 1 st St 19 I:,e~:1 868, 9 Sesâ€ž-~ Parcel Detail Page 1 of 2 Pitkin County Assessor/1 reasurer Parcel Detail Information Assessor/Treasurer Property_Search I AsscsÂ®r Subset Query I Aasessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristig I Tailnformation Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Dejail Land Detail I Photographs Tax Area Account Number Parcel Number 2009 Mill Levy 001 R020143 273707332801 25.253 Owner Name and Address STEWART TITLE OF CALIFORNIA PO BOX 2000 VAIL, CO 81658 Legal Description Subdivision: 620 E HOPKINS FKA TOTEMS DESC: COMMON AREA Location Physical Address: 620 E HOPKINS AVE ASPEN Subdivision: 620 E HOPKINS FKA TOTEMS Land Acres: Land Sq Ft: 0 2009 Property Tax Valuation Information Actual Value Assessed Value Land: 0 0 Improvements: 0 0 Total: 0 0 Sale Date: Sale Price: ~ http://pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R020143 4/19/2010 Parcel Detail Page 2 of 2 11 1 1 Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 0 Buildings: No Building Records Found Tax Information Balance Due as of 4/13/2010 $0.00 Current Year Balance Due $0.00 Delinquent Years' Balance Due $0.00 Total Balance Due Tax Year Due In Tax + Special Assessment Amount 2009 2010 $0.00 2006 2007 $0.00 Top of_Page Assessor Database Search Options I Treasurer Database Search OpUons Pitkin County Home Page The Pitkin County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright Â© 2008 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. http://pitkinassessor.org/assessor/Parcel.asp?AccountNumber=R.020143 4/19/2010 rea State Colorado City Aspen Cell ID. Vontz THIS LEASE IS THE PROPERTY OF: McCaw Cellular Communications, Inc. Legal Department 1001 16th Street, Suite C-1 Denver, Colorado 80265 Attention: Jane Venable ROOFTOP LEASE AGREEMENT rat THIS ROOFTOP LEASE AGREEMENT (this "Lease") is entered into thist-/ day of 50704 , 1901 between Heidelberg Distributing Co., ("Landlord") and Colorado Hi{# Country Cellular Limited Partnership("Tenant"). For good and valuable consideration, the parties agree as follows: 1. Propertv. Subject to the following terms and conditions, Landlord leases to Tenant certain space on the roof of the Building (the "Building") located on the real property (the "Property") described in Exhibit A attached hereto and certain space within the Building. The location and orientation of Tenant's space on the roof of the Building and within the Building are as set forth in Exhibit B attached hereto. The address of the Building is 620 E. Hopkins Street, Aspen, CO 81611, 2. Use. The Building may be used by Tenant for the transmission and reception of radio communication signals in any and all frequencies. Landlord agrees to cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits required for Tenant's use of the Building (the "Governmental Approvals"). Landlord will be not held responsible for any costs related to the refusal of any Governmental Approvals including, but not limited to, Aspen and Pitkin Counties. 3. TermÂ· The term of this Lease shall be five years, commencing upon written notification by Tenant to Landlord of Tenant's receipt of all Governmental Approvals (the "Commencement Date") and terminating at Midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. Tenant shall have the right to extend this Lease for five additional five-year terms. Each renewal term shall be on the same terms and conditions as set forth herein 06 . 4 r Â· , 1 .1 This Lease shall automatically be renewed for each successive renewal term unless Tenant shall notify Landlord of Tenant's intention not to renew this Lease at least ninety (90} days prior to the expiration of the term or any renewal term, 4. Rent. payable on the first day of each month in advance to Heidelberg Distributing Co. at Landlord's address specified in Paragraph 13 below. b. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to Tenant. 5. Interference. The parties hereto shall not use, nor shall they permit their employees, invitees or agent to use, any portion of Landlord's properties in any way which interferes with the operations of the other. The interfering party shall, upon notice from the other, terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference may cause irreparable injury to the noninterfering party, and therefore such noninterfering party shall have the right, in addition to any other rights that it may have at law or in equity, to bring action to enjoin such interference. 6. Imnrovements; Utilities: Access. a. Tenant shall have the right, at its expense, to place and maintain on the Building improvements, personal property and facilities described in Exhibit B attached hereto which include without limitation radio transmitting and receiving antennas (the "Antenna Facilities"). The Antenna Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Antenna Facilities following anytermination of this Lease. Tenant will use best efforts to place antennas so they are not visible through the Penthouse skylights. b. Tenant shall separately meter the charges for the consumption of electricity for power and/or lighting associated with its use and shall pay all costs associated therewith. Landlord shall make available for Tenant's use in operating the Antenna Facilities electricity at such service levels Eis Fire set forth in Exhibit B. Tenant shall have the right to install necessary conduit and sleeving from the roof to 2 4-,rer Pdq the point of connection within the Building. Landlord shall act diligently to correct the : cause of any temporary variation, interruption or failure of utility service that may occur. c. Landlord shall provide Tenant ingress, egress, and access from an open and improved public road, over and under the Property, to and within the Building adequate to service the Antenna Facilities at all times during the term of this Lease or any renewal thereof at no additional charge to Tenant. However, Tenant will be responsible for keeping snow cleared away from the alley door entrance to the roof. Landlord shall execute an easement upon Tenant's request. 7. Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability, on thirty (30) days written notice as follows: {a) by either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the parties pursuant to any other provisions hereof); (b) by Tenant if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation of the Antenna FAcilities or Tenant's business; or (c) by Tenant if the Property or Building is or becomes unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. 8. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Property and the Building. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Property or the Building which is directly attributable to Tenant's use of the Property or the Building, and Landlord agrees to furnish proof of such increase to Tenant. 9. Insurance. a. Tenant will provide comprehensive General Liability Insurance in an aggregateamounto , and name Landlord as an additional insured on the policy or policies. Tenant may satisf~ this requirement by obtaining appropriate endorsement to any umbrella policy of liability insurance Tenant may maintain. b. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard "All Risk" insurance policy, and, in the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 10. Destruction of Progerty. If the Property, Building or Antenna Facilities 3 ~'~tâ‚¬'122;*2062*m- . are destroyed or damaged so as, in Tenant's judgment to hinder the effective use of the Antenna Facilities, Tenant may elect to terininate this Lease as of the date of the damage or destruction by so notifying Landlord not more than 45 days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction and Tenant shall be entilled to the reimbursement of any Rent prepaid by Tenant. 11. Condemnation. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's determination, to render the Property unsuitable for the use which Tenant was then making of the Property, this Lease shall terminate as of the date the title vests in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property (which for Tenant shall include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid rent, and business dislocation expenses). Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. 12. Hold Harmless. Tenant agrees to hold Landlord harmless from any and all claimsarising from the installation, use, maintenance, repairorremoval of Tenant's Antenna Facilities except for claims arising from the negligence or intentional acts of Landlord, its agents or independent contractors. Specifically, Tenant indemnifies Landlord against any water damage caused by the rupture of the roof membrane as a result of Tenant's use of the roof. 13. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to Landlord, to: Heidelberg Distributing Co. t8:1:8 Dalton Street Cincinnati, OH 45214 If to Tenant, to: Colorado High Country Cellidar L. P. 1001 16th Street, Suite C-1 Denver, CO 80265 Attention: Mike Sims with a copy to: McCaw Cellular Communications, Inc. 1001 16th Street, Suite C-1 Denver, Colorado 80265 Attn: Jane Venable 4 a~ -'iye/"29'~as/Fiarainizak'Ei,#227F6b~IM'AFER,wimdiff,9,"Fiea- ./m~:#,+1 t 14. Title and Uuiet Enjoyment. a. Landlord warrants that <i) it has full right, power and authority to execute this Lease; {ii) it has good and unencumbered title to the Property and the building free and clear of any liens or mortgages; and Gil) the Properly constitutes a legal lot that may be leased without the need for any subdivision or platting approval. Landlord further warrants that Tenant shall have the quiet enjoyment of the Properly and the Building during the term of this Lease or any renewal thereof, b. Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Property and the Building or Tenant's ability to obtain leasehold financing, Tenant shall have the right to terminate this Lease immediately upon written notice to Landlord. c. Landlord represents and warrants to Tenant that hazardous substances have not been generated, stored or disposed of on the Property nor have the same been transported to or over the Property. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future, as such laws, regulations or rules may be amended from time to time: and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Landlord will hold Tenant harmless from and indemnify Tenant against and from any damage, loss, expenses or liability resulting from any breach of this representation and warranty including all attorneys fees and costs incurred as a result thereof. d. Tenant represents and warrants to Landlord that during the term of the Lease and any renewals thereof, hazardous substances will not be generated, stored or disposed of by Tenant, its agents or employees on the Premises or the Property. Further, Tenant indemnifies Landlord against and from any damage, loss, expenses or liability resulting from any breach of this representation or warranty including all attorneY's fees and costs incurred as a result thereof. 15. Assignment. Tenant may assign this Lease to any person or entity with an ownership interest in Tenant, any affiliate of such person or entity, any partnership in which Tenant is a partner, or any person or entity that acquires Tenant's business. Tenant may sublet this Lease with Landlord's consent. Additionally, Tenant may, UpOnl notice to Landlord, mortgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any such 5 mortgagees or holders of security interests including their successors or assigns (hereinafter collectively referred to as "Mortgagees"). In such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of any default by Tenant and to give Mortgagees the same right to cure any default as Tenant except that the cure period for any IMortgagee shall not be less than ten (10) days after receipt of the default nouce. 16. Successors and Assigns. This Lease shall run with the Property described in Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, regardless of whether or not same is deemed real or personal property under applicable laws, and Landlord gives Tenant the right to remove all or any portion of same from time to time in Tenant's sole discretion and without Landlord's consent. 18. Miscellaneous. a. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other, within ten ( 10) days after request, such truthful estoppel information as the other may reasonably request. c. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such brol<er. e. Landlord agrees to cooperate with Tenant in executing any documents (including a Memorandum of Lease) necessary to protect Tenant's rights hereunder or Tenant's use of the Property and the Building. f. This Lease shall be construed in accordance with the laws of the state in which the Property is located. 6 C g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. DATED as of the date first set forth above. LANDLORD: HEIDELBERG DISTRIBUTING CO. By (4 â‚¬ Its A., h (Lt.,b>'J"V-\1:..A TENANT: COLORADO HIGI~OUNTRY,glfLULAR LIMIT&Zf~ARTNERSG(}P / 11 1 ~-4 Its 6/4' 7 STATE OF 04.,.2/ , ) rs: County of 47,:Â£Â·Ue-4 On this 4/9>1 day of ~1.214 , 19.~~, before me, a Notary Public in and for the State of O.&,uÂ»-' , pdrsonally appeared 62Â£6Ut-, FAi-*3 , known to me to be the 643-2-4.â€¢m**-L-ef 4*4644 6<Â£20 00.,--_ 0< the corporation that executed the within and foregoing instrument,'and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated thak./ was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. WITNESS my hand and the official seal affixed the day. andE*Afibfirst above written. MARY A. WEbi Notary Public, State 01 Ohio 14 Commission Explres Aug. 27, 1990 '*.1,01 d~. 7Udu-'U_-0 NOTAR* PUBLIC in a/ld for the State of 014.0--' My commission-expiresht.*&7, /991- STATE OFdit /O ) do M 41--R\/4 -1â€žr ) SS' County of 0/407-5 ) (p Lottj 92!15 On this /f>tay of %47Â£1~ , 19.~beforeme,UN4~ryPublicin"I and for the State~'6~64~ , perionally appeared/gid/52.c/OÂ£45 , knowL.1 to me to be theg,ptut**91;f Denver-â‚¬CHÂ¢ef-*elephene-â‚¬empal=,v;lhe gefikial partnershipthat executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said general pprtnership for the uses and purposes therein mentioned, and on oath stated that /f/ was authorized to execute said instrument. WITNESS my hand and the official seal affixed the day and year first written above. LIMJ. b 34- < NOTARY PU#.l@ In ad for th State of 60322-Al, My commission expires 4 -lork 1 8 EXHIBIT A LEGAL DESCRIPTION to the Rooftop Lease Agreement dated / /9 , 197,2-between Heidelberg Distributing Co., as Landlord, and Colorado Hid4 Coutitry Cellular Limited Partnership, as Tenant. Tenant, is leasing from Landlord, certain space on the Building (the "Building") which is located on the following property owned by Landlord (the "Property"). which Property is legally described as follows: 9 1. 3 EXHIBIT B 44 .11141, to the Rooftop Lease Agreement dated 744 / 9 -Hy between He idelberg Distributing Co., as Landlord, and Colorado 1-Ii*i Country Cellular Limited Partnership, as Tenant. (Construction plans will be provided for Approval by both parties) 10 ,/-.-Â£...I-$:.-/1 Cell Site No: N113087/ASPEN_25545 Site Address: 620 East Hopkins Avenue, Aspen, CO 81611 THIRD AMENDMENT TO ROOFrOP LEASE AGREEMENT THIS THIRD AMENDMENT TO ROOFTOP LEASE AGREEMF,NT ('tAmendment") dated as of the date below, by and between Stewart Title Company, a Texas corporation, having a mailing address at P.O. Box 503, Edwards, CO 81632 (hereinafter referred to as ' Landlord") and New Cingular Wireless PCS, LLC, a Delaware. limited liability company, d/Wa Cingular Wireless, successor in interest to New Cingular Wireless Services ofColorado, LLC, a Delaware limited liability company, having a mailing address at 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as "Tenant") WHEREAS, Landlord and Tenant entered into a Rooftop Lease Agreement ("Lease") dated May 19,1992, a First Amendment dated September 18, 2000, and a Second Amendment dated December 6,2004; whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 620 East Hopkins Avenue, Aspen, CO 81611 CAgreement"); and WHEREAS, Landlord and Tenant desire to amend the terms ofthe Agreement and WHEREAS, Latidlord and Tenant desire to modify, as set forth herein, the Rent payable under the Agreement; and WHEREAS, Landlord and Tenant desire to modifr, as set forth herein, the Tenanfs obligations to pay Rent to Landlord for a Rent Guarantee Period; and , WHEREAS, Landlord and Tenant in their mutual interest, wish to amend the Agreement as set forth below accordingly. , NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, the Landlord and Tenant hereby agree as follows: 1. Term. All references to the Term of Ihe Agreement shall be amended to provide that the Agreement has a Tenn of 60 mot~ths Â¢'Initial Term"), commencing on February 1, 2006, The Tenn will be automatically renewed for up to 2 additional 60 month terms (the "Extension Term") without further action by Tenant for additional petiods of 60 months. 2. Termination. After the Rent Guarantee Period, 'Tenant may terminate the Agreement at any -time with 30 days prior written notice to Landtord; provided, that Tenant pays to Landlord an amount equal to 12 months ofthe then current Rent. 3. Landlord Initial . Teriant Initial: 4, Modification of Tenant's Obligation to Pay - Rent Guarantee. - 6 + ang in , T 1 , Tenant hereby agrees that Tenant will be obligated to pay Rent due and. such obligation will not be subject to offset or teimination by Tenant. 5, 1 r - 6. Notices. Section 13 ofthe Agreement and Section 3 of the Second Amendment arehereby deleted in their entirety and replaced with the following: NOTICES, All notices, requests, demaiids and communications hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: As to Tenant, New Cingular Wireless PCS, LLC, do Network Real Estate Administration, Cell Site # Nt 13087, Cell Site Name ASPEN, 6100 Atlantic Boulevard, Norcross, Georgia 30071, with a copy to Cingular Wireless Attn.: Legal Department, Re: Cell Site # Nt 13087, Cell Site Name ASPEN, 15 East Midland Avenue, Paramus, NJ 07652; and as to Landlord, P.O. Box 503, Edwards, CO 81632. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 7. Acknowledgement. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord's free will and volition; 2) Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of the Amendment, was free to consult with counsel of its choosing regarding Landlord' s decision to enter into this Amendment and to have counsel review the terms and conditions of the Amendment; 3) Landlord has been advised and is infolmed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect. 8. Other Terms and Conditions Remain. The Lease is amended to incorporate all the provisions set forth on Schedule I attached hereto. In the event of any inconsistencies between the Agreement, the First Amendment, the Second Amendment, and this Third Amendment and the provisions set forth on Schedule I, the terms of this Third Amendment and. Schedule I shall control. Except as expressly set forth in this Third Amendment the Agreement otherwise is unniodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Third A.mendment. 9. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. INO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE1 01 Landlord Initial: 1 e.=41 Â«a-Â· Tenant Initial: //#(/ fbI WITNESS WHEREOF, the parties have caused their properly authorized representatives to execute and seal this Amendment on the date and year below. LANDLORD: TENANT: Stewart Title Company, a Texas corporation New Cingular Wireless PCS, LLC, a Delaware limited liability company, d/Wa Cingular Wireless By: -/114-Â»Â·04-= 11Â«ke-% By - Mictiael'P. Herng- 1 A - a e h Name: Executive Director - NRE Title: u.< B p \42%10.4 Title: JAN 1 3 2006 Tax Id 14 - ORg 37-7 0 Date WnNESSED BY: By By Nanie: Name: Title: Title: 1!im SCHEDULEI IQ LEASE AMENDMENT Additional Lease Terms and Conditions The Agreemeiit is amended to include the following terms and conditions: 1. Expansion of Pennitted Use: Landlord hereby agrees, at the direction of Tenant, to allow the Tenant to modify, supplement, replace, upgrade, expand or refurbish the equipment related to the Communicalions Facility, increase tlie number of antennas thereon or relocate the Communications Facility within the Leased Premises at any time during the term of this Agreement, and Landlord shall cooperate with Tellant in all respects in connection with the foregoing. If Landlord does not comply with the temis of this section: Tenant may terminate this Agreement and shall have no further liability to Landlord. Landlord Initia Tenant Initial: . ... r LANDLORD ACKNOWLEDG.MENT CORPORATE ACKNOWLEDGEMENT STATE OF AotoÂ· ) COUNTY OF ~8/D~c--, I CERTIFY t~on 94 1 2-'~ _,__, 200_5~ Â®~~A,~--v-v~k representative] personally came befopne and acknowledged undor oath that he or #'~.~ [name of (a) is the Ano,& F/-1-ed Â· [title] of 43(Â».DA-,Gt'44*:dJ 6[ name of corporation], the corporation narOed in, the attached instrument, & 59 t.07 - (b) was authorized to execute this instrument on behalf of the corporalion and (c) executed the instrument as the act ofthe corporation. ~ . 1 h%Â·A. e Al-Â«452 #0'FJOTARY '....fp B My Commission Expires 8/21/2008 . ; t. Cingular Acknowledgement State of-~6Â«/tt : County of .Al,4Â£21#3 : The tpregpingÂ·jr~trumeni was *knowlpdge#-Nefog.me this 4%~ *Â£ day c~~2*lo,4_, 200*;p by Ul?AR efj tto,1.0414,the 74(Aditâ‚¬. k 1/Littvt. of New Cingular WiÂ¢0Iess Se*ces PCS, LLC,/a Delaware Limited LiabitiQ Company, who proved to me on the basik'of satisfactory evidence to be the person whose name is subscribed to the within Instrument and acknowledged to me that he/she executed the same in his/her authorized capacity and as such is authorized to execute the instrument on behalf of the company named herein. Witness my hand and official seal. k_1140_;1 OFFICIAL NOTARY @IGNATURE Notary Public- State of 41,0~*22.0. Commission expires: f.hl ?'ll#, 51 3037 DEBRA & WHITE Notary Public DeK* County Gamm My Commi,86 5*pin@a Junii#,*Of , Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 1 of 6 Gelail Brad Johnson <brad.johnson.w@gmail.com> FW: Land Title Delivery (620 EAST HOPKINS AVENUE) (buyer/owner STEWART)(our 62003392) 2 messages Pelissero, Story <PelisseroS@bv.com> Tue, lVlay 4, 2010 at 1:32 PM To: Brad Johnson <brad.johnson.w@gmail.com> From: kbeereboom@Itgc.com [mailto:kbeereboom@Itgc.com] Sent: Tuesday, May 04, 2010 10:53 AM To: Abrams, Donalee Subject: Land Title Delivery (620 EAST HOPKINS AVENUE)(buyer/owner STEWART)(our 62003392) Proittating Your tivestment 2 6 2 Laid TItle 1-114*â€¢ht 01,/Av pâ‚¬* I Title Commitment Associated Documents â€¢ Commitment â€¢ (PCS) Reception Number: 429811 â€¢ (AMDPCS) Reception Number: 434517 â€¢ (SWQ) Receptipo Number: 562689 â€¢ All documents as one PDF http://mail.google.com/mail/'?ui=2&ik=ed42bc{Odc&view=pt&search=inbox&th=12864d03... 5/5/2010 4 1 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 2 of 6 Commitment Summary - 620 EAST HOPKINS AVENUE (62003392) Your Land Title Guarantee Company Contacts: For Title Assistance: Aspen Title "QPR" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 ~be~ebÂ®rn@ltgc.Â®m Commitment Delivery Parties: BLACK & VEATCH CORPORATION 6300 S SYRACUSE WAY #300 CENTENNIAL, CO 80111 Attn: DONALEE ABRAMS i Phone: 720-834-4347 Fax: 720-834-4285 Copies: 1 EMail: abramsd@bv.com Linked Commitment Delivery Property Address: 620 East Hopkins Avenue Aspen, CO 81611 County of Pitkin, State of Colorado Legal Description: COMMON AREA 620 E HOPKINS CONDOMINIUMS, FORMERLY THE TOTEMS CONDOMINIUM, ACCORDING TO THE ~CONDOMINIUM MAP THEREOF RECORDED APRIL 12, 1999 IN PLAT BOOK 49 AT PAGE 14 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 12,1999 AT RECEPTION NO. 429811 AND AMENDMENT RECORDED AUGUST 17, 1999 AT RECEPTION NO. 434517. COUNTY OF PITKIN, STATE OF COLORADO. http://mail.google.com/mail/'.?ui=2&ik=ec[42be 1 0dc&view=pt&search=inbox&th=12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 3 of 6 A.P.N.(s) R020143 Effective Date & Time: April 28, 2010 at 5:00 P.M. nterest: A Fee Simple Buyer(s)/Borrowers(s): STEWARTTITLE OF CALIFORNIA, INC., A CALIFORNIA CORPORATION Vesting Deed(s) / (View dates for 24 month Chain of Title): 09-11-2009 Droposed Insured & Coverages: 'roperty Report bstimated Title Fees: ~Property Report $100.00 | Total Estimated Title Fees $100.00 Requirements: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. http://mai l . google. coin/mai l/?ui=2&ik=:ed42be 1 Odc&view=pt&search=inbox& th= 12 864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 4 of 6 Exceptions: 1. NONE Disclosure Statements LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note. Pursuant to CRS 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district. B. A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C. The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Vote: Effective September 1,1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. 40 coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. http://mail.google.coin/mail/?ui=2&ik=ed42be{Odc&view=pt&search=inbox&th=12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 5 of 6 Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Open the attached pdf version of the commitment to view our PRIVACY POLICY. The above Summary is provided for information purposes only. To the extent that it conflicts with or otherwise varies from the actual commitment provided, the latter shall govern. The above links and associated images are provided for information purposes only. They are not guaranteed as to accuracy, availability or quality. These images are provided for informational purposes only. They are not guaranteed as to availability or quality. These documents are PDF (Portable Document Format) files and can be viewed or printed with Adobe Acrobat Readerâ„¢. If you do not have Adobe Acrobat ReaderTM on your system, you can download it_for free from Adobe. Some of these documents may be designed to printon LEGAL paper. To printthese on LETTER paper, select the "Fit to Page" option from within the Acrobat Reader. If you want to print on LEGAL paper, select legal-size paper from within the "Print Setup" dialog box from within the Acrobat Reader. Content in this email is Copyright LT Systems, L.L.C. All rights reserved. *A 62003392_1_Commitment.pdf L.1 18K Brad Johnson <brad.johnson.w@gmail.com> Tue, May 4, 2010 at 1:39 PM To: "Pelissero, Story" <PelisseroS@bv.com> Cool, thanks! [Quoted text hidden] Brad Johnson Planning & Zoning Consultants Inc. 10518 W Cooper Drive Littleton, CO 80127 http://mail.google.corn/mail/?ui=2&ik=ed42be 10dc&view==pt&search=inbox&th=12864d03... 5/5/2010 Gmail - FW: Land Title Delivery (620 EAST HOPKINS AVENUE)(buver/owner STEW... Page 6 of 6 303-229-4681 mobile brad.johnson.w@gmail.com http ://mail . google. com/mail/?tii =2&ik=ed42be 1 Odc&vi ew=pt&search=inbox&th= 12864(103... 5/5/2010 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title (,WARANTI E LOMPANT Date: 05-04-2010 Our Order Number: QPR62003392 Property Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Aspen Title "QPR" Unit Kurt Beereboom 533 E HOPKINS #102 ASPEN, CO 81611 Phone: 970-925-1678 Fax: 970-925-6243 EMail: kbeereboom@ltgc.com BLACK & VEATCH CORPORATION 6300 S SYRACUSE WAY #300 CENTENNIAL, CO 80111 Attn: DONALEE ABRAMS Phone: 720-834-4347 Fax: 720-834-4285 Copies: 1 EMail: abramsd@bv.coin Linked Commitment Delivery LAND TITLE GUARANTEE COMPANY PROPERTY REPORT Our Order No. QPR62003392 (Just. Ref: This report is based on a search made of documents affecting the record title to the property described hereinafter, searched by legal description and by the names of the record owners. The information as to record owner is taken from the most recent recorded Vesting Deed. No information is furnished relative to easements, covenants, conditions and restrictions. Liability of Land Title Guarantee Company under this Property Report is limited to the fee received. Prepared For: This Report is dated: April 28, 2010 at 5:00 P.M. Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 Legal Description: COMMON AREA, 620 E HOPKINS CONDOMINIUMS, FORMERLY THE TOTEMS CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED APRIL 12, 1999 IN PLAT BOOK 49 AT PAGE 14 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 12, 1999 AT RECEPTION NO. 429811 AND AMENDMENT RECORDED AUGUST 17, 1999 AT RECEPTION NO. 434517. COUNTY OF PITKIN, STATE OF COLORADO. Record Owner: STEWART TITLE OF CALIFORNIA, INC., A CALIFORNIA CORPORATION We find the following documents of record affecting subject property: 1. NONE LAND TITLE GUARANTEE COMPANY INVOICE May 04, 2010 Record Owner: STEWART TITLE OF CALIFORNIA, INC., A CALIFORNIA CORPORATION Property Address: 620 EAST HOPKINS AVENUE ASPEN, CO 81611 Your Reference No.: When referring to this order, please reference our Order No. QPR62003392 -CHARGES- Property Report $100.00 --Total-- $100.00 Please make checks payable to: Land Title Guarantee Compan.y 5975 Greenwood Plaia Blvd. Suite 125 Greenwood Village, CO 80111-4701 CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Ben Gagnon, 429-2755 DATE: 4/16/10 PROJECT: 620 East Hopkins REPRESENTATIVE: Black & Veatch, 6300 S. Syracuse Way Ste 300 Centennial c/o Brad Johnson 303-229-4681 OWNER: AT&T, 188 Inverness Drive West Ste 400 Englewood 80111 TYPE OF APPLICATION: Wireless Telecommunications DESCRIPTION: The Applicant would like to modify an existing antenna array on the roof of 620 East Hopkins. The height of antennas would stay the same, but the antennas would be much thicker. The number of antennas would be greatly reduced. Land Use Code Section(s) to Address in Application: 26.304 Common Development Review Procedures 26.575.130 Wireless Telecommunications Services Facilities and Equipment 26.710.150 Commercial (C-1) Zone District 26.575.020(B)1(d) Calculations and Measurements Review by: â€¢ Staff for completeness. â€¢ Community Development Director for administrative review Public Hearing: N/A Referral Agency Fees: N/A Total Planning Deposit Due: $735 for 3 hrs. of Community Development staff time (additional hours are billed at a rate of $245 per hour) Total Deposit: $735 Total Number of Applications: 2 copies j To apply, submit the following information: 1. Total deposit for review of the application. 2. Proofofownership. 3. Signed fee agreement. 4. Completed Land Use Application, including materials required in Section 26.304.030(B) and 575.130. 5. Applicant's name, address and telephone number in a letter signed by the applicant which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 6. 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. 7. An 8 !4" by 11" vicinity map locating the parcel within the City of Aspen. 8. A site improvement survey performed by a licensed engineer (not required). 9. A written description o f the proposal and an explanation in written, graphic, or model form describing how the proposed development complies with each of the review standards relevant to the development application, per Section 26.575.130. Please include and clearly indicate existing conditions as well as proposed. 10. Copies of prior approvals. 11. A written description of proposed construction techniques to be used (not required at planning phase; structural integrity report required for building permit). 12. Site plan at 1" = 10'. Show ground floors of all buildings on the subject parcel, as proposed (not required). 13. Floor plans, roof plan. (Floor plans not required, roof plan required.) 14. Elevation Drawings (Sketch/drawing of and total height of antenna from ground must be included). 15. List of adjacent property owners within 300' for public hearing (not required). 16. All other materials required pursuant to the specific submittal requirements; see #4 above. 1 7. Applications shall be provided in paper format (number of copies noted above). Disclaimer: The foregoing summary is advisory only and is not binding on the City. The opinions contained herein are based on current zoning and regulations, which are subject to change iii the future, and upon factual representations that may or may not be accurate. The summary does not, in any way, create a legal or vested right.