HomeMy WebLinkAboutcoa.lu.gm.Pitkin Center Condos.A072-98—"' Pitkin Center amendment 2737-182-
51015 - A072-98
14
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COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5090
City of Aspen
Land Use:
1041
Deposit
1042
Flat Fee
"
1043
HPC
1046
Zoning and Sign
Referral Fees:
1163
City Engineer
1205
Environmental Health
1190
Housing
Building Fees:
1071
Board of Appeals
1072
Building Permit
1073
Electrical Permit
1074
Energy Code Review
1075
Mechanical Permit
1076
Plan Check
1077
Plumbing Permit
1078
Reinspection
Other Fees:
1006
Copy
1302
GIS Maps
1481
Housing Cash in Lieu
1383
Open Space Cash in Lieu
1383
Park Dedication
1468
Parking Cash in Lieu
Performance Deposit
1268
Public Right-of-way
1164
School District Land Ded.
TOTAL
NAME:
ADDRESS/PROJECT:
PHONE:_
CHECK# f
CASE/PERMIT#: # OF COPIES:
DATE: INITIAL:
��3 -7, - ) S--5IoJ;
0 0
MEMORANDUM
TO: Julie Ann Woods, Interim Community Development Director
FROM: Christopher Bendon, Planner OAV
RE: Pitkin Center Condominiums Insubstantial GMQS Amendment
Lots 2 &3 Pitkin Center Subdivision
520 East Hyman Avenue
DATE: October 2, 1998
SUMMARY:
Lots 2 and 3 of the 1982 Pitkin Center Subdivision, 520 East Hyman Avenue,
were granted growth management allotments by City Council in 1986. The
approvals allowed for two free-market residential units on the third floor, along
with commercial and affordable housing allotments within the building. The
building was then condominiumized and the two free-market residential units
were described as Units 3A and 3B of the Pitkin Center Building.
Unit 313 was developed as, and has been used as, a residential unit. Unit 3A,
however, was developed and used as a commercial office. The applicant wishes
to return Unit 3A to residential use by combining the two units into one larger
residence.
There is no record of approval for the office use nor has there ever been issued a
residential Certificate of Occupancy for Unit 3A. In staff s evaluation, Unit 3A
has never been used as a residential unit nor been occupied, as a residence, by a
local working resident -- as defined in Title 20 of the Municipal Code. To
redevelop Unit 3A as a dwelling unit would require no land use review.
Combining the two residential units to form one residential unit, however,
requires an amendment to the Growth Management approval and recordation of a
revised plat. There should also be a record of the GMQS allotment being vacated
with the combination of units.
Because the action will not create any additional dwelling units, will not affect the
square footage of the building or use, does not represent demolition of a multi-
family unit (Title 20), and will not require any other land use review, the Director
may approve the amendment after finding that the change has no effect on the
project's original approval.
Staff has reviewed this proposal and believes this change represents an
insubstantial amendment for three reasons; 1) the original approval prescribed
both units for free-market residential use, 2) Unit 3A has never been occupied as a
residence by a local working resident, and 3)Unit 3A was never formally
acknowledged as an office use and does not require a change -in -use approval.
Therefore, staff recommends administrative approval by the Director.
Staff has included conditions which require recordation of a revised condo plat
prior to issuance of a Certificate of Occupancy, compliance with the Commercial
Core Zone District, and acknowledging the vacation of a residential GMQS
allotment.
APPLICANT:
John Elmore. Represented by Sunny Vann, AICP.
LOCATION:
520 East Hyman Avenue (two 3rd floor front units). Lots 2 & 3 of the Pitkin
Center Subdivision.
ZONING:
Commercial Core (CC).
REVIEW PROCEDURE:
Insubstantial amendments to an approved Growth Management Allotment may be
approved by the Community Development Director, pursuant to Section
26.100.090.
RECOMMENDATION:
Staff recommends the Community Development Director approve this
Insubstantial Amendment.
2
APPROVAL:
I hereby approve this Insubstantial Amendment to the Growth Management
approval for the Pitkin Center Building, 520 East Hyman Avenue, for the purpose
of creating one dwelling unit by combining Units 3A and 313, with the following
conditions:
Prior to issuance of a building permit, the applicant shall demonstrate
compliance with the zoning provisions of the Commercial Core (CC) Zone
District.
2. Prior to issuance of a Certificate of Occupancy, the applicant shall record a
revised condominiumization plat which reflects the consolidation of the two
residential units.
The GMQS residential allotment shall be considered vacated upon issuance of
a Certificate of Occupancy
�--(� date
Julie Woods,
Int m Community Development Director
ACCEPTANCE:
I, as a person being or representing the applicant, do hereby agree to the
conditions of this approval and certify the information provided in this application
is correct to the best of my knowledge. ,
ATTACHMENTS:
Exhibit A -- Application
�s
�— date
S y VarIK, ann and Associates, L.L.C.
Re resgtdting John Elmore, owner.
3
E
•
VANN ASSOCIATES, LLC
Planning Consultants
August 31, 1998
HAND DELIVERED
ate! (1� �kE.
4
/�
Mr. Chris Bendon
Community Development Department mom, L41-
130 South Galena Street
Aspen, CO 81611
Re: Pitkin Center Condominiums Insubst teal GMQS Amendment
5Lo +yam ---
Dear Chris:
Please consider this letter an application for an insubstantial growth management
quota system (GMQS) amendment to expand the existing residential use located in
Unit 3B of the Pitkin Center Condominiums into adjacent Unit 3A (see Exhibit 1,
Preapplication Conference Summary, attached hereto).
The application is submitted pursuant to Section 26.100.090.A.2. of the Aspen Land
Use Regulations by John A. Elmore (hereinafter "Applicant"), the owner of the two
condominium units (see Exhibit 2, Commitment for Title Insurance). Permission for
Vann Associates, LLC, to represent the Applicant is attached as Exhibit 3. An
executed application fee agreement is attached as Exhibit 4.
Background
The condominium units in question are located on the third floor of the Pitkin
Center building, a mixed use residential and commercial structure which occupies
Lots 2 and 3 of the Pitkin Center Subdivision. The subdivision, which consists of four
separate lots, was approved by the City Council in December of 1982. The subdivi-
sion plat was recorded in February of 1983 in Plat Book 14 at Page 36. The physical
address of the two condominium units is 520 Hyman Avenue.
The Pitkin Center building successfully competed in the City's 1986 commercial
GMQS competition. The project received a commercial allocation of 3,067 square
feet and associated review approvals. This allocation was combined with a demolition
credit of 4,755 square feet of previously existing commercial area and two residential
units to obtain the necessary development rights to construct the Pitkin Center
building. As approved, the project contained approximately 7,800 square feet of
commercial area, two free market residential units, and four deed restricted afford
230 East Hopkins Ave. • Aspen. Colorado 81611 • 970/925-6958 • Fax 970/920-9310
Mr. Chris Bendon
August 31, 1998
Page 2
able housing units. Two off-street parking spaces were approved for the project's two
free market residential units.
Approval to condominiumize the Pitkin Center building was apparently granted by
the City Council in November of 1988 following completion of the project. The
actual condominium map, the required subdivision exemption agreement, and the
condominium declaration, however, Were not recorded until August of 1992. As best
as I can determine, the recordation of the documents was delayed as there were no
immediate plans to sell the various condominium units.
As the accompanying condominium map illustrates, the Pitkin Center building's third
floor was divided into Units 3A and 3B. Please note that affordable housing units E3
and E4, which are also depicted on the floor plan for the third floor, are actually
located a half level below. As the attached subdivision exemption agreement indica-
tes (see Exhibit 5), Units 3A and 3B were approved by the City for free market
residential purposes, which is consistent with the project's prior GMQS approval.
The right to use the units for residential purposes is also reflected in various para-
graphs of the condominium declaration (see Exhibit 6).
Proposed Development
The Applicant proposes to expand the existing free market residential unit located in
Unit 3B into adjacent Unit 3A. As the accompanying floor plans illustrates, the
expansion would result in the conversion of the third floor to a single free market
residence. No increase in the building's previously approved floor area, however, will
result as the expansion will occur entirely within the existing perimeter walls. The
proposed expansion will increase the size of the existing residential unit by approxi-
mately twelve hundred square feet.
Review Requirements
Pursuant to Section 26.100.090.A.2., the Director of the Community Development
Department may approve a minor change to a prior GMQS approval provided that
the proposed change "has no effect on the conditions and representations made during
the original project review". Inasmuch as two free market residential units were
approved for the third floor, the combination of the two units into a single free
market residence would not appear to he inconsistent with the original GMQS
approval. Two off-street parking spaces were approved for the two free market units
and the Applicant has acquired both spaces, thereby assuring adequate parking for
the proposed expansion. No increase in the building's approved floor area or
commercial square footage will occur, and the proposed expansion is consistent with
the Pitkin Center's recorded condominium map and declaration.
Mr. Chris Bendon
August 31, 1998
Page 3
Based on the above, I would appreciate it if you would review the attached materials
and obtain the required Director's approval of a minor GMQS amendment as may be
appropriate. As the Applicant is anxious to proceed with the proposed expansion,
your timely attention to this matter would also be appreciated.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
Attachments
cc: John A. Elmore
c:\bus\ci ty. app\app37798. amd
EXHIBIT 1
PLANNER:
PROJECT:
REPRESENTATIVE:
OWNER:
TYPE OF APPLICATION
DESCRIPTION:
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
Chris Bendon, 920.5072
Sunny Vann, Vann Associates
DATE: 8.24.98
Insubstantial GMQS Amendment
3rd Floor of building was approved for two residential units. Applicant wants to combine
units for one residential unit.
Land Use Code Section(s)
26.100.090 GMQS Amendments
Review by: Community Development Director
Public Hearing:
No.
Referral Agencies:
None.
Planning Fees:
Planning Deposit Minor ($450)
Referral Agency Fees:
None.
Total Deposit:
$450 (2.5 hours, additional hours billed at $180/hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 1 _Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ+5; CC = 7; Referral Agencies = 1/ea.; Planning Staff = 1
7. An 8 1/2" by I I" vicinity map locating the parcel within the City of Aspen.
8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
9. Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
FNT
J UL . GU . 1': td 1 - ldbr m [oHKr 1LL1L be Mr-1—M 1
COMMITMENT FOR TITLE INSURANCE
Effective Date: 12/01/96 at 08:30 A.M.
Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992
Proposed.insured:
JOHN A . •ELMORE I I I
(b) ALT.X Loan Policy -Form 1992
Proposed Insured:
PITKIN CENTER, LTD., A COLORADO PARTNERSHIP
11V . •J✓J r . J
EXHIBIT 2
Case No. PCT11433
Amount$ 1,384,000.00
Premium$ 1,470.00
Rate :SUB -DIVIDER
Amount$ 1,125,000.00
Premium$ 70.00
Rate:COMPAN20N
Tax Certificate $20.00
3. Title to the FEE SIMPLE estate or interest in the land described or
referred to in. this Commitment is at the effective date hereof
vested in:
PITKIN CENTER, LTD., A COLORADO PARTNERSHIP
4. The land referred to in this Commitment is situated in the County
of PITKIN, State of COLOR.ADO and is described as follows:
See Attached Exhibit "A"
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
By: PITKIN COUrTTi' TITLE, INC. Schedule A-PG.1
601 E. HOPKINS This Commitment is invalid
ASPEN, CO. 81611 unless the Insuring
970-925-1766 Provisions and Schedules
970-925-6527 FAX A and B are attached.
AUTHORIZED AGENT'
JUL.23.1998 1:09PM GARFIELD & HECHT, 11IV.4JI0 r.4
EXHIBIT A
CONDOMINIUM UNITS 3A, 32, PI AND P2, PITRIN . ER CONDOMINIUMS,
together with their respective Limited Common Elements and their
proportion of the Common Elements, all according to the Condomnium Map
thereof recorded August 12, 1992 in Plat Book 29 at Pages 57 and 58
and as defined and described in the Cordomizaium Declaration for Pitkin
Center Coadomniums recorded August 12, 1992, in Book 685 at Page 961.
JUL.c.J.1'JJU 1'.l7yrm toHhKt•iLL1J 6, 1 . I`U.4Z.)rj r._�
FN T 0 0
SCH3DULE B - SECTION 1
REQU2RE<�iE��'S -
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of trie grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM (b) Proper instruments) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Deed from ;, PIT'TI N CENTER, LTD., A COLORADO PARTNERSHIP
To " : JOH<V A. ELMORE I I I
2. Deed of Trust from : JOHN A. ELMORE III
to the Public Trustee of the County of Pitkin
for the use of : THE LENDER TO BE INS=D HEREUNDER
to secure : $1,125,000.00
3. Duly acknowledged certificate of the authorized Managing Agent or
Board of Directors of PITRIN CENTER CONDOMINIUM ASSOCIATION
certifying that there are no assessments for common expenses which
remain unpaid or otherwise constitute a lien on the subject property.
4. Evidence satisfactory to the Company that the Real Estate Transfer
Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance
No. 13 (Series of 1990) has been paid or exempted.
5. Certificate of nonforeign status executed by the transferor(s). (This
instrument is not required to be recorded)
6. Completion of Form DR 1079 regarding the witholding of Colorado Tax
on the sale by certain persons, corporations and firms selling Real
Property in the State of Colorado. (This instrument is not required
to be recorded)
7. Evidence satisfactory to the Company that the Declaration of Sale,
Notice to County Assessor as required by H.B. 1288 has been complied
with. (This instrument is not required to be recorded, but must be
delivered to and retained by the Assessors Office in the County in
which the property is situated)
JUL.23.199e 1:09PM GRRFIELD & HECHT, NU.45b r'.b
FNT •
S=DULE B SECTION 2
EXCEPTIONS
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company.,
1.
Rights or
claims of parties in po?session not shown by the public records.
2.
Easement§,
or claims of easements, not shown by the public records.
3.
Discrepancies, conflicts in boundary lines, shortage in area, enchroachments,
any lactd
which a correct survey and inspection of the premises would disclose
I
and which
'are not shown by the public records.
4.
Any lien,
cr right to a lien, for services, labor, or material heretofore or
hereafter
furnished, imposed by law and not shown by the public records-
S.
Defects, liens, encumbrances, adverse claims or other matters, if any,
created, first appearing in the public records or attaching subsequent to the
effective
date hereof but prior to the data the proposed insured acquires
of record
for value the estate or interest or mortgage thereon_ covered by
this Commitment.
6.
Taxes due
and payable; and any tax, special assessment, charge or lien imposed
for water
or sewer service or for aay other special taxi:g district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 56, in Book 59 at Page 157, and
in Book 157 at Page 212 providing as follows, "That no title shall
be hereby acquired to any mine o- gold, silver, cinnabar or copper
or to any valid mining claim or possession held under existing laws".
8. Easements, rights of way and all matters as disclosed an Plat of
subject property recorded August 12, 1992 in Plat Book 29 at Page 57
& 58.
9. Easements, rights of way and all matters as disclosed on Plat of
subject property recorded February 22, 1983 in Plat Book 14 at Page
36.
10. Terms, conditions, provisions, obligations as contaned in Statement
of Exception from the Full Subdivision Process, recorded February
22, 1983 in Book 440 at Page 863.
11. Terms, conditions, provisions, obligations, easements, restrictions
and assessments as set forth in the Condominium Declaration for
Pitkin Center Condominiums recorded August 12, 1992 in Book 685 at
Page 961, deleting therefrom any restrictions indicating preference,
limitation or discrimination based on race, color, religion, sex,
handicap, familial status or national origin.
12. Existing Leases and Tenancies.
13. Terms, conditions, obligations and all matters as set forth in
Statement of Exception from the Full Subdivision Process recorded
August 12, 1992 in Book 685 at Page 959.
(Continued)
08/18/98 TUE 16:47 FAX 910 509 1352 ELMORE/YOW/EYIDE CO
PUG 1E '78 09=15PM YPNti SUMMERS COCK P.^c
0 ` EXHIBIT 3
August 18, 1998
HAND DELIVERED
Mr. Chris Bendon
Community bevelopmont Department
130 South Galena Street
Aspen, Colorado 81611
Re: Permission to Represent
Dear Mr. Bendom:
Please consider this letter authorization for Su=y Vann of Vann Associates, LLC,
Planning Consultants, to represent me in the processing of my application for
change-in-use/conditional use approval for my property which is located at 520 East
Hyman Avenue. Mr. Vann is hereby authorized to act on our behalf with respect to
all matters reasonably pertaining to the aforementioned application.
Should you have any questions, or if we can be of any further assistance, please do
not hesitate to call.
Sincerely,
( : John more
cAb=\cAy1trVU37798_eb I
08/18/98 TL'E 16:48 F.0 910 509 1352 ELMORE"YOW/ELIDE Z 003
AUG Le 19e 09:15AM 'JR�UMMMS C0oK � P.3
EXHIBIT 4
ASPF'q/PXTKN COIvBvfUYITY DEV'ELOPN.WNT DEF.ARTINI MINT
Agreement for Payment of City of Aspen Development Applicatiop Fees
(please Print Clearty)
CITY OF ASPEN (hereinafter CITY` and
(hemineer AFFLICANT) AGREE AS FOLLOWS; �>� ��,5 �,5lc �i'7i
T-:� PROJECT).
2. APPLICANT undersmads and agrees that City of Aspen Ordinance No. 43 (Series of 1996)
establishes a fee struettue for land lase applications and the payment of all proccsain; fees is a
condition precedent to a deterzx in .lion of application compieteness.
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 -exteW of the casts itrrolved in processire
the application APPLICANT and CITY further agree that it is in the interest of the parties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional cost to 'ce
billed to APPLICANT on a monthly basis, APPLICANT agrees he will be benefited by retai,-Ann
,eater cash liquidity and will make additional payments upon =Wcacion by .he CITY when they
are necessary as casts are incurred_ CIT.. Y agrees it will be benefitcd through ncc greater- certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICAN-T further agree that it is impracticable for CITY staff to cornpicte
processing or present sufficient infb=mtion to the Planning Comn+ssiori and/or City Council to
enable the Planning Cc mmisss on and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decisiotL
5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its righr to
collect full fees prior to a detenrun 4or. of application zompleteness, APPLICANT shall pay an
Ale ---
initial deposit is the amount or Which is for hours of Planning staff time, and it
actual recorded costs exceed ;he vutlal 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. Such periodic payments shall be made within 30 days of he billing date.
APPLICANT further &Veer that failure to pay such accrued costa shall be gzou ds for suspension
of processing.
Ga
CITY OF ASPEN. APPLICANT
Sig�Sti>tXe:
Stan Date: � _ �
Community Development Director Printed Natke_
City of Aspen Maihng Addreaa:
l,� rz � c� -� � il ► I fie, ��c.}.
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#347653 08/12./92- 14:45 Rzc $1O.0o SK 683 PG 439
Silvia Davis, Pitkin Cnt.y Clerk, Doc $•00
Recorded at _ o'clock m•
Reception No. Recorder
RECORDING REQ(TE'4TED BY:
WHEN RECORDEC RETURN TO`:
Douglas P. Allen, Esq.
600 East Hopkins, Suite 302
Aspen, Colorado 81611
SUBDIVISION EXEMPTION AGREEMENT
FOR
PITKIN CENTER CONDOMINIUMS
EXHIBIT
WHEREAS, Pitkin Center Ltd. ("Applicant") is the owner of a
parcel of real property in the City of Aspen, Pitkin County,
Colorado, described as follows:
Lots 2 and 3, Pitkin Center Subdivision (a lot split) as shown
on the Plat thereof recorded February 22, 1933, in Plat Book
14 at Page 36, County of Pitkin, State of Cclorado
and
WHEREAS, the foregoing real property contains one three-story
building; and
WHEREAS, Applicant requested a subdivision exemption for
cordominiumization of the existing building on the subject
property to be known as Pitkin Center Condominiums; and
WHEREAS, Units r:•-1, F-2, E-3, and E-4 are restricted to
employee use pursuant to the terms of Occupancy And Rental Resale
! Deed Restriction And Agreement recorded in Book 553 at Page 249 in
the office of the Clerk and Recorder of Pitkin County, Colorado,
Units B-1, B-2, 1-A, 1-B, 1-C, P-1, P-2, 2-A, and 2-B are used for
commercial business purposes and Units 3-A and 3-B are used for
free market residential nur'poses;
WHEREAS, Appl
icant has paid $6,025.00 for the affordable
housing fee in 1989; and
WHEREAS, the City Council determined at its regular meeting
held on November hat such exemption was
pri
and
te
granted the same, subject, t
subject,however, to certain condit onsaas set
t forth below.
NOW, THEREFORE, Pitkin Center Ltd. and the City of Aspen agree
as follows:
(1) Applicant shall record with the Pitkin County Clerk &
Recorder contemporaneously herewith, that certain "Condominium
0
o3r7:
•
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#347653 oeil-/9,1 14:45 Rec $10.00 SK 683 PG 960
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Declaration" for Pitkin Center Condominiums dated July ,
1992, attached hereto,
(2) Applicant shall comply with the restrictions as contained
in the Condominium Declaration;
(3) At the time of initial marketing of individual employee
units, Applicant shall provide all existing tenanto in the
units an unassignable option to purchase their unit at the
offering price. Notice of said offering price as verified by
the Aspen/Pitkir. County Housing Authority, or its successors
shall be given in writing to each tenant and each tenant shall
have ninety days in which to purchase their unit at said
price, with a copy of said notice addressed to the housing
event employee
authority. This option shall not apply in the
units are offered either for sale as a group or together with
commercial space in the building;
(4) The Applicant shall join any future improvement district
which may be formed for the area in which the property is
located;
(5) This Agreement shall bind the successors and assigns of
the respective parties hereto.
Dated thisday of July, 1992.
PITKIN CENTER, LTD.
J J-� .
Y .
al�es Valeriti
General Partner
APPROVED:
Edward M. Caswall, City Attorney
John S. Bennett,
I, Kathryn S. Koch, do certify that the foregoing Statement of
Subdivision Exemption for condominiumization of Pitkin Center
Condominiums was considered and approved by the Aspen City Council
at its regular meeting held November 14, 1988, at which time the
Mayor was authorized to execute the same on behalf of the City of
Aspen.
Kathryn �.KoE`h,clty Clerk
NM269.07312
OF
11 .
A.
#347654 08/ 12/92 141 47"tec
Silvia Davis, Fitkin Cnty
$145.00 B
Clerk, Doc
T.
COND JMDUUM DECLARATION
FORS•:
PITKIN CENTER CONDOMINIUMS
(A Condoiniraum)
s: 00
Center Ltd.,
THIS DECLARATION is made and entered into by Pitldn
Partnership, hereinafter referred to as "Declarant', pursuant to the COLORADO
INTEREST OwN'BRSFIP ACT.
a Colorado
COMMON
.WITNESSETH:
WHEREAS, the Declarants the Owne t f certain real property ("Real Estate") Sl tu3te
in the City of Aspen, County of Pltlan, State of L010rado, described as follows:
Lots 2 and 3 Pitldn Center Subdivision (a lot split), as shown on the Plat thereof
recorded in Plat Book 14 at Page 36 iif the office of the Clerk and Recorder of PiWn
County, Colorado
City of Aspen;-
WHERFAS, the Declar; has improved the above -described Real Estate with a
condominium property in the form of a building to be known as the "Pitidn Center
of a subgrade
Condominiums" which shall be a*condominium project consisting eta first
c
floor level containing retail space, and second and third floor containing office, commercial, and
residential Space, all of which units will be treated as integral parts of a single ccndominium
ownership project; and t
Wr'iEREAS, the Declarant�desires to establish certain rights and easements in, over, and
for the benefit of itself and all future Owners of any part of said real
upon said real property ,
property, and any air space Unit or Units theicof or therein contained, and to provide for the
harmonious, beneficial, and proper_use and conduct of the property and all air space units; and
< '
Vtrl�RBAS, the Declaran desires and intends that the several Unit owners, dmortg mortgagees,
hold
and trust deed holders, in the prAperty shall at all t mes enjoy the benefits of, an
their interest subject to the rights, easements, privileges, restrictions, and obligations hereinafter
set forth, all of which are declaxed to be in furtherance of and are established for the purpose
of enhancing and perfecting the i ue, desirability, and attractiveness of the property.
NOW; THEREFORE, Declarant hereby submits the Real Estate to the provisions of the
Colorado Common Interest Ownership Act as it may be amended from time to time and does
hereby publish and declare that the following terms, covenants, conditions, easements,
restrictions, uses, limitations, and obligations shall be deemed to nun with the land above
described, and shall be a burden and a benefit to Declarat, its successors and assigns, and any
persons acquiring or owning an interest in the subject property and improvements, their grantees,
mortgagees, successors, heirs, executors, administrators, devisees or assigns,
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JUL.23.1998 1 11PM
.GARFIELD & HECHT
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*347654 08/12/92 14.47 Rec,T%145.00 BK 685 PG 962
Silvia Davis, Pitkin Cnty Clerk, Doc S.00
Unless the context clearly, indicates a different meaning therefor.
(a) 'Dedaration' means this instrument by which the Pitldn Center condominium
project is established and any other recorded instruments however denominated, that
create this common interest community, including any amendments to this Declaration
and also including any plats and maps.
(b) 'Unit" mean^ a physical portion of the common interest community which
is designated for separate ownership or occupancy and the boundaries of which are
described or deter,nined from the Declaration, being one of the individual air space units,
consisting of an enclosed room (or rooms to be enclosed by "proposed walls' or accessed
by 'proposed doors") occupying part of or all of the basement, first, second, and third
floors which are bounded by the interior unfinished surfaces of the perimeter walls,
floors, ceilings, windows and dours thereof, as shown on the Map, together with all
fixtures and improvements therein contained, but not including the structural components
of the building, if any, within such Unit. Each Unit includes its respective undivided
interest in the Common Elements allocated based upon the square footage of each Unit
and not discriminating in favor of Units owned by Declarant or an affiliate of Declarant,
as set forth in Exhibit "A" as set forth in Exhibit "A' and any Limited Common
Elements made appurtenant to such Unit. Said Units may be used and occupied for a�iy
lawful purpose, subject, to use and occupancy restrictions contained in Paragraph 12
hereof. The number of Units in the condominium project is fifteen (15). Declarant
reserves no rights to create additional Units but rights are reserved to the Owners of
Units 3A and 3B to create further Limited Common Elements pursuant to Paragraph 32
hereof.
(c) "Owner' means any person, firm,, corporation, partnership, association, or
other legal entiry, or any combination thereof, at any time owning a fee interest in a
Unit; the term "Owner" shall not ��omTtustMortgagee
Deed beneficiT�has�u beneficiary leas
and
herein defined, unless such Mortgagee �'
beneficial title pursuant to foreclosure or any proceeding in lieu of foreclosutz or
otherwise.
(d) "Mortgage" means any mortgage, deed of trust, or other security instrument
by which a Unit or any P24 thereof is encumbered.
(e) "Mortgagee" means any persons named as the mortgagee or beneficiary under
any Mortgage or Deed of Trust under which the interest of any Owner in or to a Unit
is encumbered.
(f) "Occupant" means any personlor persons, including the Owner, in possession
of a Unit. I
-2-
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A
.JUL.23.1998 1:12PM GARFIELD g HECHT,
w 1,A�x t •r'. ', ,SF 1� .�w.w. �.TLVa��'
NO.450,
P.12
#747654 08/12/92,
Silvia Davisq Pit
71
lg) " " or "Condominium Project' me�rts the
Entire Premises or' y
hereinabove described real property all improvements and structures constructed thereu►
or contained therein, ants all easements, rights, and appurtenances belonging thereto, and
all fixtures and property intended for the mutual use, benefit, or enjoyment of the Unit
Owners, which are subject to relse„rvations and exceptions as contained in the Deed
recorded in Book 59 at Page 56, in'Book 59 at Page 157, and in Book 157 at Page
12,
in the Plat recorded in Plat BookJ14 at in
Page 36, statement of Exception
Book 440 at Page 863, and in Agreement recorded in book 55 C 1 �o 2Therelarfe
shown in the office of the Clerk and Recorder of Fitldc► County,.
no recorded easements or licenseslaffecting the Condominium Project.
uildin " means the'four level building, including the subgrade area, and
�) B g i and containing the
any other building improvements,. comprising apart of the P ropeny
Units. 1
(i) "Common Elements', sometimes referred to herein: as "General Common
Elements" means all portions of the condominium other than the Units and includes all
portions of the Property other than the Units;including, but not limited to, the following:
girders, beams, supports, main perimeter
(i) The foundations, columns, balconies,
and supporting walls, roofs, and those entrances, stun,
fiairs, stairw to the safety,
landings, access corridorsre escapes and halls necessary
maintenance, or common use or access; A
i;
(ii) The exterior loading, storage, walkways, and yard garden areas;
(iii) Any installations consisting of equipment and materials making up
any power, light, gas, electrical, air handling or conditioning, heating tanks,
motors, ducts, vents, chases, compressors and similar apparatus composing the
central utility systems; $
In general, till other apparatus and installations existing for common
(iv) g t
use; J
ublic utility lines (to
(v) All pipes, wires, ducts, flues, chutes, conduits, p t5'
the outlets) and structural, components including beams and sheer walls running
through a Unit or serving, or extending into, the General Common Elements, or
any part thereof; and spaces designated on the Map between ceiling surfaces of
each floor or level and,loor surfaces on the next higher floor or level, and
similarly designated vertiiW spaces within the main walls of the building and wall
intesspaces within walls nor pmpQSed walls Shown on the Map as dividing Units
expressly so designattd'or other spaces within the building are General Common
Elements for the exclusive purpose of installation, use, repair, maintenance of
or connection to �mechaaical, electrical, plumbing, sprinkling, telephone,
-3-
#347654 09/12/g2 14:47 Rec
Silvia Davis, Pitkin Cnty
%145.00 5K bbm rO you
Clerk, Doc $.00
k
telegraph, wiring, and similar app.am#,Ls as may be reasonably required either for
Tits insofar the convenient use and ��oupa�a a the common
nautholeme rized encroachment upothe �e
may be accomplished _ g
air space within the Unit;
(vi) That portion of the roof space above the Units shown on the third
floor on the Map.
(vii) All other parts of ;the Property and improvements necessary or -
convenient to its existence, maintenance, and safety, or normally in common use.
(j) "Limited Common Element" means a portion of the Common Elements
allocated by this Declaration or by the operation of Section 38-33.3-202(1)(b) or (1)(d)
of the Colorado Common Interest Ownership Act for the exclusive use of one or more
Units but fewer than all of the Units acid which are or may hereafter be designated on
the Map, and that portion of the roof space above the Units shown on the third floor on
the Map. l
(k) "Association" means a Unit Owner's association, its successors and assigns,
organized under Section 38-33.3-301 of the Colorado Common Interest Ownership Act,
as a non-profit Colorado of w�hi hnshallits governsuccessors
the administration of this Property. and assigns, the Certificele of
Incorporation and By
0) "Board" means the Board of Directors of the Association.
(m) -Map" means a plat or survey of the surface of the ground of the property,
showing a survey and legal description thereof, the location of building with respect to
the boundaries of the Property, together with a diagrammatic floor plan of the building
showing the vertical locations and dimensions of all boundaries of each Unit, Unit
numbers identifying the Units, together with such other information yS pplments
thereon in the discretion of the Declarant. The Map, y records.
thereto, shall be filed for record in the Pitidn County, Colorado, real property
(n) Each capitalized term' not otherwise defined in this document is hereby defined as
set forth in the Colorado Common Interest Ownership Act.
, The real Property hereinabove
2. tel designated
described is hereby divided into the followingfee simple estates: sepata y esig
condominium Units situated on each floor a,,d the undivided interest in and to the General
Common Elements appurtenant to each such Unit, as set forth in Exhibit "A" attached hereto.
3.. Declarani hereby reserves special Declarant rights for itself,
its successors and assigns, to physically combine the area or space of a Unit with the area or
sp= of all or a portion of one or more adjoining Units, and the aggregate of the undivided
-4-
ti
#347654 08/12/92 14: 47 Rec s;145.00 PK 663 Pf3 963
Silvia Davis, Pitkin Cnty Clerk,, Doc $.00
interests in and to the General Common Elements appurtenant to such combined Units shall be
appurtenant to the enlarged Unit which shall result, from such combination, including the right
to construct any Limited Common Elements shown on the Map as approved but not yet
constructed, shall continue to be appurtenant to the combined Units. 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 of
said Units and such construction work shall be acc6mplished in compliance with the provisions :
of Subparagraphs 0) and (k) of Paragraph 12 hereof provided.
4. . Areas designated on the Map as Limited Common
Elements for the benefit of a Unit shall be reserved exclusively for the benefit of the Owner of
such Unit, and the Owner's occupants, officers, directors, agents, employes, members, guests,
invitees, and licensees, as provided herein, to the exclusion of all other Unit Owners, except by
invitation, and the same need not adjoin the Unit.,for the benefit of which it: exists.
s. JrsepambiliU of a Condominium L?nit Except as provided in Paragraph 3 hereof
respecting the modification of percentage interests by virtue of combination and subdivision,
each Unit Owner shall at all times be entitled to 'the percentage of ownership in the General
Common Elements appurtenant to such Unit as set forth in Exhibic 'A." Each Owner shall own
such undivided interest in the General Common Elements as a tenant -in -common with all the
other Owners of the Property. The percentages of ownership in the General Common Elements
as set forth in Exhibit "A" shall, except as otherwise provided in the case of oimbination and
further subdivision, remain constant unless thereafter changed by unanimous written consent of
all of the Owners together with the unanimous written consent of all of the holders of first deeds
of trust and mortgages. Each Unit and the undivided interest in the General Common Eme nt
rte
appunant thereto shall together comprise one Unit which shall be inseparable
and
nonpartitionable, and may be conveyed, leased,' or devised subject* to the 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 and by this
Declaration. `
l 6 Non-p bjha of GMUZI Common Elements. The General Common Elements
shall be owned in common by all of Owners of the Units and shall remain undivided, and
i+ no Owner may bring any action for partition or division of the General Common Elements.
Unit. Every deed, lease, mortgage, trust deed, will,
or other instrument purporting to convey an interest therein may legally descri a Unit by its
identifying Unit number and symbol•followed by the words Pitkin Center Condominiums" with
further reference to the Map thereof filed for record and the recorded Declaration. Every such
description shall be deemed good and sufficient for all purposes, and shall be deemed to convey,
transfer, encumber, or otherwise affect not only the Unit but also the General,Common Elements
appurtenant t}.ereto. Each such description shall. be construed to include, subject to all of the
terms and provisions of this Declaration, a non-exclusive easement for ingress and egress and
use of the General Common Elemenli.
F
0
JUL.23.1998 1 14PM GARFIELD & H. HT - N0.450 P.15
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#347634 O8/12/92 14s47`1Rec $I145.00 HK 66S PG 966
Silvia Davis, Pitkin Cnty Clerk, Doc $.00 _ r.
8. F.,,,.Y,.,,.ti�•,P�re ar,� Fase,nents., .):.• , ., .
a In the event that by reason of the construction, reconstruction, settlement, or
shifting of the building, or the design or construction,of any Unit, proposed wall, door,
or aperture and any part of the Genf ral Common Elements encroach':s or shall ereafter
encroach upon ariy part of any such Unit, proposed wall, door, or aperture
all hereafter encroach upon any p�
installed, or any part of any thereowhen
encroaches or shall r
of the General Common Elements, or any portion thereof encroaches upon any part of
valid easements for such encroachment and the maintenance thereof are
any other Unit, 0. , .Y.
hereb established and shall exist for the benefit of such Unit, wall, door, or aperture
and the General Common El ments so encroaching soIF 4, long as all or any part of the
rovded, however, that in no event shall a valid
building shall remain standutg; p
easement for any encroaChmeztt b `created in favor Elements er of any such lif such f
door, aperture or in favor of the Owners of the General Common
encroachment occurred due to the willful conduct of said Owner or Owners. Such
encroachments and easements shall not be considered or determined to be encumbrances
.l '
either on the General Common Elements or the Units.
'
(b) Easements are hereby declared and granted for utility purposes, including the
right to install, lay, maintain, 2epa�r, and replace water mains and pipes, sewer lines, gas
al
mains, television cables and, antennmetele
over�nunder, along,wires and�and onntanynpart of electhe
conduits, wires, and similar eq p
General Common Elements.
(c) All easements and rigf is described herein are easements appurtenant to and
running with the land, and shall inure to the benefit of and be binding on the
undersigned, its successors and as*. and any Owner, purchaser, mortgagee, and other
person having an interest in'.said Sand, or any part or portion thereof.
" a or oust
(d) Reference in the rrspeottve deeds of conveyance or in any mortgage
deed or ocher evidence of obligation to the easements and rights described htsothi� {
Declaration shall be suffi.ieat fd' create and reserve such easements �� �m completely as
' respective granters, mortgagees; and trustees of such parcels as fully P Y
' though such easements and tghts�were recited fully and set forth in their entirety in such `
provided, however;tthat each such deal, mortgage, trust deed, or other
'i document;; p .
evidence of obligation shallkc deemed to create and reserve such easements and rights
as aforesaid notwithstanding: the absence therein of any references thereto.
Declarant shall give written
9.
Taxation—_N J of the creation of notice to the Assessor of Pitkin County, � l fp�rth°'the description of theUnits, nso hat each Unit
of the Property as is provided by la g
and the undivided interest in the General Common Elements appurtenant thereto shall be
Of
separately assessed thereafter for all taxes, assessments, and other charges of the State ts district or of any other
�
i Colorado or of any political subdivision or of any special improvemen
rK
o ,c
Fsr,
„ I, JUL. 23. 1998, 1: 15PM, ,.•.,,.GRRF LD & HE(
NO.450_ . —P. 1
I
#347654 oe/12/92 14:47 Re
Silvia Davis, Pitkin City
taxing or assessing authority, In the eve tt
or other charges of any taxing or assessui
Owner, but are assessed on the ProP, &
proportionate share thereof in accordance v
illtere;t as set forth in Exhibit W hereto.
A Unit may be hellan,
10. '�
as tents -in -common, or in any real Prop
under the laws of the State of Colorad* .
i145.00 DK 685 PG 967
lerk, Doc 9.00
s
rat for any period of time, any taxes, assessments,
authority are not separately assessed to each Unit
-as a whole, then each Unit Owner shall pay a
th that Owner's respective percentage of ownership
`owned by more dw one person as joint tenants or
sty tenancy relationship or ownership form allowed
.! . I` Fach Owner shall tr entitled to exclusive
11,
ownership and possession of that Ownex's'Unit• Each Owner may use the General Common
Elements subject to the terms and provisions of this Declaration in accordance with the purpose
hin
for which they are intended, without dering or encroaching upon the lawful rights of the other
Owners,
12. t
(a) Each Unit may be used and occupied for such professional and office,
business, or service Purpose or purp.°� as y be lawful and allowable under applicable
laws, ordinances, or the riles of any. lawful public authority aincluding te dmeodi iovs imposed
upon the Condominium Project by the City of Aspen
approval thereof; provided, however, that Units may also be used for residential purposes
as may be. lawful and allowable under applicable laws, ordinances, or the toles of any
lawful public authority including conditions imposed upon the project by the City of
Aspen at the time of governmental approval thereof,
No "For Sale” or "For Rent" signs, advertising, or other displays shall be
(b) " of the Property except at such location and in such
maintained or permitted on any Past
form as shall be approved in writing by the Board.
c Each business establishment operated in a Unit or any part thereof shall he
entitled to place one (1) sign of reasonable size and in a dignified riianner contains. g t
the entrance door of such establishment, or
business name of such establishment upon
at such other place as shall be petted by the Boars. Additional signs may be placed
only as permitted by the Board, which permission may be granted or withheld In the sole
dis.retion of the Board, subject tottode requirements of the City of Aspen.
(d) There shall be no oiy
anything be stored in the Genera
of the Board except as herein exr
alteration, and remodeling, an O�
supporting walls and the mates
paneling, wallpaper, paint, wall,
ruction of the General Common Elements nor shall
roMtn Elements without the prior written consent
on
,sly provided. For purposes of maintenance, repair,
per of a Unit shall be deemed to own the interior non"
therein (such as, but not limited to, plaster, drywall,
nd floor coverings).
'i
#347654 08/12/92 14:47 Rec $145.06.$K 686 PG 968
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
bIi ateci to maintain and keep that O ivner's own
(e) Each Unit Owner shall be- o g
Unit, its windows and doors, 'including exterior and interior surfaces thereof in good,
clean order and repair. f
(f) Nothing shall be done or kept in,any Unit or in or upon the General 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 General 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. No waste shall be
committed anywhere in the building.
(g) Owners shall not cause or permit anything to be hung or displayed on the
outside of windows or placed on the outside walls of the building 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.
(h) No livestock, or fowl of any Idnd shall be raised, bred, or regularly kept in
any Unit or in the General Common Elements. No loud music or noise, that might tend
to annoy or disturb other Unit Owners shall be permitted. No live music shall be
permitted, unless the Board, by rule or regulations, provides otherwise.
(i) No noxious or offensive activity shall be carried on in any
Unit, in the
General Common Elements, ,or anywhere, or the Prope ty, nor shall anything be done
therein or thereon, either willffully or negligently, which may be or become an annoyance
or nuisance to the other 0
ers or occupants.
in or to the General Common Elements
(j) Nothing shall be dune in any Unit or ,
which will impair the structkal integrity of the building or which would structurally
change the building, except as otherwise provided herein, n r shall anything
as be
tered
al
rwise
or constructed in or'ae removed from 4ha �.,..,.�...t`^trn_._ �rn+_�-- _p
herein provided or otherwise-4
permitted in writing by the Board.
(k) The Owner of any Unit shall be permitted to construct, improve, change, or
altrr such Unit (and any portion of the General Common Elements contiguous to, and
serving exclusively, such Unit, if the same is not visible on the exterior of the building)
in any manner, provided tha'T-
@ The structural integrity of the building will not.thereby be impaired;
The common assessments payable by the other Unit Owners
hereunder are not increased directly or indirectly as the result of such
construction, improvement, change, or alteration;
I
Clerk, uOL
Silvia Davis, Pitkin Cnty
Sur ncnes,
(iiii h work will be done at the sole cost and expense of O
or Owners benefitted and in full complta`,ice with all aplaws, that ain the sent
and regulations and the provisions of the Declaration; provided
of a dispute with regard thereto, such work shall le done by theAssociation, ��
the casts thereof specially assessed in an equitable manner (in ropo
benefits bestowed) to the Units benefitting therefrom;
(iv) The boundaries of such Unit, as shown or, the Condominium Map,
will not thereby be changed or altered; and
(y) Such owner shall indemnify all other Owners of Units from any and
all claims, liens, liabilities, suits, or demands whatsoever relating to or
nsing Out
of such work except insofar as any..claim is waived and released as provided in
Subparagraph (n) of this Paragraph 12.
No clothes, sheets, blankets, laundry of any kind, or other articles of
�) of the General Common Elements.
merchandise shall be hung out or exposed on any pan
The Common Elements shall be kept free and clear of rubbish, debris, and other
unsightly materials.
(m) There shall be no lounging furniture, bicycles, wagons, vehicles, benches,
chairs, skis or sporting equipment, tethered dogs or cats, or other personal propem' on
any part of the General Common Elements.
(n) Each Owner hereby waives and releases any and all claims which that Owner
owner, the Association, the officers, and members Of rho
may have against any other
Board, the Declarant and their respective officers, employees, and agents,
of paragraph 14 below, for damages to the
limiting the generality of Subparagraph �) personal property located in the Units
General Common Elements, the Units, or to any P PAY which is fully
or General Common Elements, caused by fire or or` er form of casualty
covered by insurance.
(0) If, due to the act or neglect of an Owner, or of a member of an Owner's
family or of a guest, tenant, licensee or invitee, or other authorized occupalit or visitor
of such Ownei, L-amage shall be caused to the General Common Elements or to =Unit
or Units owned by others, including but not limited to any furnace or utility
heating equipment, pipes, ducts, apparatus, or other equipment, or maintenance, repairs,
or replacements shall be required which would otherwise be at the common
expense,
then
such Owner shall pay for such damage and such maintenance, repairs, P
as may be determined by the Board to the extent not covered by insurance. Neither the
failure of the Board to require such payment, nor any disagreement regarding the extent
of payment required pursuant to the Board's determination hereunder, shaany ll give �
ed
any claim or cause of actto
ion against the. oar all prop be abUnitt Ow from exercising
that clothing contained in this subpara.grap
i
I
NO.
PE
—•~' Ito ..
#347654 08/12/92 14,t474ReCClerk.�DoBK$6Do PG 9?O
Silvia Davis, Pitkin Cnty
.v _1
n causing damage to his
any rights or remedies provided by law as against any person g any
Unit. , 1,
'i.. ilt
(p) No Owner shall overload the electric wiring or unreasonably contribute }�
such overload, or operate any machines, appliances, accessories, or equipment in such
manner as to cause,in the judgment of the Board a hazard to the safety of Owners and
occupants of and invitees upon the Pioperty.�
�f • I' •o
13. Subsequent to the
completion of the improvements deseii�bed 'on the Condominium Map, no labor performed or
materials furnished and incorporated in a Unit with the consent or at the request of the Unit
's contractor or subcontractor shall be the basis for
Owner or such Owner's agent or such Owner
filing of a lien against the Unit of any other Owner not expressly consenting to or requesting the
same, or against the General Common Elements, Each Owner shall indemnify and hold
harmless each of the other Owners from and against all claims and liability arising from the
claim of any lien against the Unit of any o&'.a Owner or against the Generl Common Elements
for construction performed or for labor; materials; services, or other prodicts incorporated in
that Owner's Unit at such, Owner's re l&,.t or with such Owner's consent. The provisions herein
contained are subject to the rights of die Board as set forth in Paragraph
14.E iministration and Manatyrmen
governed b the
(a) The administration and management of the Property shall beg Y
Association acting in accordance with the Articles of Incorporation and Bylaws of the
Asnociation, subject to this Declaration. Each Unit Owner shall be a member of such
Association, which membership terminate upon the sale or tither disposition by such
member of the fee interest -in � member
's Unit, at which time the new Unit Owner
shall automatically become a memb}:r hereof.
(b) Any terms or provisions of the Bylaws which may be inconsistent with this
Declaration shall be null and void and of no consent The of The provisions of
Board the
paragraph 14(b) cannot be amended except by unanimous
Unit Owners.
(c) The Association shall be governed by the Executive Board, hereinafter
referred to as the "Boar'd% which shall be provided for in the Bylaws of the Association•
The Association shall have the power to engage the services of a manager or ,managing
agent, hcrein referred to as the "Managing Agent," who may be any person, firm, or
corporation selected by the Board upon such terms and compensation as the Board deems
fit and to delegate to such manageror managing agent any of its routine daily operating
decisions,
(d) The Board shall always consist of three (3) persons one of whom must be
elected by the Owner of Units 3A and 3B, ",regardless of any provision to the contrary in
•1a
all
L.s
i
14:47 Rec $145.00 BK 685 PG 971
#347654 09/12/92- Clerk, Aoc $.00
Silvia Davis, Pitkin Cnt Y
_ _ ssociadOn. Should the Owners of Units
the Articles of Incorporation or Bylaws of the A
3A and 3B collectively fail or ref It' a to agr� to the election of the one (1) E�oard
member who they are entitled to elect, then said
such dmr they are able to so agrw and
any right to elect a member to the Board najority of the votes of the
in the interim the vacancy on the Board shall be filled by a m
Owners of Units other than 3A. and 3B.
1: the voting; rights with
(e) If any Unit is owned by mote than one (1) person,Us
Own -
respect to such Unit shall not'be divided, but shall be exercised as if the Jna�e
consisted of only one (1) per�an i&accordance with the pro
or other designs
by the Owncrs constituting each Unit Owner.
(f) The Board may, and
fromme to time, adopt or amend such d of the GenrraJ
regulations governing the operation, maintenance, beautification, an
Common Elements and the tnits; not inconsistent with the terms of this Declaration, as
it seems fit, and the Owners��shall conuflo� d,reand
gulations shallsuch
be given to all owners
nable rules andregulations. Written nonce of such
A violation of such rules or lguladons shall be deemed a violation of the terms of this
Declaration.
The members of the Pxard and the officers and employees of the Association
shall not be liable to the Owaers,for any mismke of judgment, or any acts or omissions
made in good faith as such Board members, officers, or employees. Tile Owners shall
and hold harmlA each of such persons against all contractual liability to
indemnify n on behalf of the Owners unless anY
others arising out of comae made by such perso the expos provisions of
such contract shall have been made in bad faith or contrary contrut nee by such
this Declaration. The liability of any Owner arising out of any proportion of
persons or as the result of the afotrsaid indemnity shale u�itereesstin tthh GNTMOct
the total liability thereunder'' that Owner s percentage
Elements. Each agreemen&r;�hich indemnity is provided hereunder made i s;ich
persons shall have been executedgby such persons expressly as agents for the Association_
At,
r_
' The Owners shall
15. v .�o��rinn rnr r ��Ss to have access tv
have fne irrevocable right, to be exercised by the Managing •'gent or Board,
each Unit from time to time dt� initsueh reasonable hours as may be necessary for the
inspection, painting, maintenance,•rep?L, reconstruction, or replacement of any of the General
Common Elements therein or accessibletherefrom,e, Common Elements g emergency another Untpt or
therein nary to picvent damage to the -s may be necessary or desirable, or when
Units, or to investigate any indication that such repai. y
such access is reasonably calculated to protect the health, safety or Property of any Owner or
occupant.,
-11-
6•
S
FT
JUL. 23.1992 1:19PM GAR LD HECHT
NO. 450,....w.-P . 2
12/9? 14:47 Rec , 45.00 BK 685 pe 972
#34754 08/ Doc $.00
Silvia Davis, Piz -kin Cn�y Clerk,
Damages to the interior or any part of a Unit or Units resulting from the painting,
maintenance, repair, emergency repair, reconstruction, or replacement of any of the General
Cotnmor. Elements or as a result of emergency repairs within another Unit at the instance of the
Associadon shall be a common expense of all of the Owners, subject, however, to the provisions
of Subparagraph (0) of Paragraph 12.hcreof, Restoration of the da-maged improvements shall
be substantially the same as the condition of such improvements prior to the damage.
Subject to the provisions of Subparagraph (o) of paragraph 12 hereof, and except as
herein othemise specifically provided, all maintenance, repairs, reconstruction, and replacements
as to the General Common Elements, whether located inside or outside of the Units, shall be the
common expense of all of the Owners.
i 6. its. Fach grantee of the Declarant, by the acceptance .,of a deed of
conveyance, accepts the same subject to all terms, provisions, easements, restrictions,
conditions, covenants, reservations, liens and charges, and the jurisdiction, rights, and powers
created or reserved by this Declaration and the Articles of Incorporation and'Bylaws of the
Association, and the provisions of 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 declare, and all impositions and cbligations hereby imposed shall be
deemed and taken to be gate an said
ning with the land, and manner as though the provisions
brood �s Declaray p=Wn tion were
at
any time any interest or
recited and stipulated at length in each and every deed of conveyance.
17.
(a; The Board shall obtain and maintain at all times the following insurance
coverage provided by companies duly authorized to do business in Colorado:
(i) Insurance for the Property against loss or damageeby a� and such
other h�ism, and
azards as are �vered under standard extended , ovetag
malicious mischief endorsements for the full insurable replacement cost of the
common elemen6 and the Units and such other casualty insurance as the Beard
deems advisable for the protection of the General Common Elements and the
Units. The adequacy of such insurance in relation to "full replacement value'
shall be reviewed at least annually by the Board, The insurance shall be carried
in blanket policy form, naming aming the Association the insured, as attorney -in -fact for
each of the Owners in the percentages established in Exhibit "A" hereto, Each
Owner, other than the�Declasant, shall notify the Managing Agent or the Board
in writing of any additions, alterations, or improvements to that Owner's Unit and
tPiat Owner shall be responsible for any deficiency in any insurance loss recovery
resulting from that Owi�ier's failure so to notify the Managing Agent or the Board.
The Board or the Managing Agent shall use reasonable efforts to obtain insurance
on any such additions,%Iterations, or improvements if such Owner requests it to
do so and if such Owner shall make arrangement satisfactory to the Managing
-12-
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23;,.1
-,
1:1
& HECHT
4-50
4!�- 00 SK 6 973
14.: r
1#347654 09/12/92
pitkin CntY-. Cierk, s.00'
Ivia',Davisi
t by such Owner iior any additional
Agent Or the, Board for reimbummen
ance on such fly
opremiums attributable thereto andinthe absence of insurBoard Shan not be oblany
alterations, or. improvements, the - Unit to a condition better than the
ce proceeds to restore the affeded or
insurance malting of such additions," alwItiOPS,
condition existing prior to the insurance shall insure additions, alterations,
improvements. All such policies Of in All such policies Of insurance Shan
cT improvements made by the Dwlarant- trust
e clause endorsement in favor of the tr�oftgageeaonrczied,
contain standard mortgage
deed holder of each Unit and that such policy shall not be terminated,
-jXlerst twenty 1(20) days, prior writtennothe
tice
substantially modified
led without customarily allowed in . Colorado, to
of such different time period as is cu of insurance Shall
�'bwnef- All such Policies the policy against
mortgagee of each Unit and to =I
provide that the insuror waives its �'ght3 to subrogation under
ember of that.Vnij owner's household
any Unit Owner Of rn damage insur2nce in such
(ii) Comprehensive public liability and Property the members
deem dv-�rable insufing the ASSOCialiOn, d
limits as the Board SW . and their respective officers, agents, an
of the Board, the Managing Agent,
Owners
from any lab,,,Ey n connecdon with any act or
employees, and the Own
omi&sion performed by any such >�rsoft directly or indirectly pursuant to the
provisions of this Declaration. .7's liability insurance
insurance and employe
ram) Worker's compensation,
to comply with applicable laws, ann such other forms Of an
as may be necessary
insurance as the Board Shall eject to effect.
es affecting the Condominium Prof
comply shall
(1v) All insurance policies amended from
-33.3-313 as it MAY bo-
comply with the provisions Of C-R . S, 38
time to time.
Fxcept as otherwise provided in this Declaration, premiums for all insurance
obtained or maintained by the Board shall be common expenses•
ob in its sole discretion, secure
(c) The Board my (but shall not be required to),
insum= Policics that will provide for One Or more of the following:
in (a)(1j) of this
With respect to the insurance provided for
;f liability claim of one insured against
subparagraph, for coverage Of foss.
another;
rovided for in (001 Of this
(ij) With respect to the insurance P
surer as to any claims against the
subpara
graph, & waiver of subrogation by the in
Association, the Managing Agent, and their respective agents, 'Officers
employees, licensees, and invites;
-13-
I
Kim
Rec $145-00 BK 685 PG 974
14 t 4 1 .00
•.4347654 oe/12/92 Clerk, Dot
Silvia Davis, P'tk in CntY
il
With respect to the ingumce provided for in (a) W Of &d s
subparagraph, that the policy, cannot be canceled, invalidated, Of SuspeDde'd On
account of the conduct of any one or more individual Owners, or on 2=Ur*kt Of
the conduct of any officer &,. employee of the Association without, in the la=
case, prior demand in, writing that the Association cure the defect;
ded for in (a)(i) of this
(1v) With respectito'the insurance provi
subparagraph, that the insurer shall not have the option to restore the premises,
if the Property is sold as pr1ovided in Paragraph 23 hereof;
(y) With respect t to the insurance provided for in (a)() of tili3
subparagraph, that any "no other insurance' clause in such policy exclude policies
of insurance maintained by.-,hany owner or his mortgagee from consideration and
that no such insurance policy coverage under (a)(i) of this subparagraph be
brought into contribution with insurance purcha:;e4 by Owner or his mortgagee.
(d) Any Owner may Obtain additional insurance at his own expense, provided
-
that:
(i) A copy of each such policy (except for a policy with coverage only as
provided in (f) of this sublaragraph) is furnished to the Board; and
. t
(ii) No such insurance may be maintained which would adversely affect
I
or invalidate any insurance(or any recovery thereunder) carried by the Board or
decrease the amount which! the Board would realize under any insurance policy
the Board is maintaining; and
(ii;) Such insurance policy shall contain a waiver of subrogation as to
claims against the Associa'tion, the Managing Agent, the. Owners and their
respective agents, Officers, employees, licensees, and invitees.
(e) The Board may eangag,,, he services of any bank or trust company authoriznd
--
to do business in Colorado to act as trustee or agent on behalf of the Board for the
purpose of receiving and disbursing the insurance proceeds under any policy provided
for in (a)(i) of this paragraph and'iesulting from any loss, upon such terms as the Board
1' f any
with the provisions of this Declaration. , In the event 0,
shall determine consistent
loss resulting in the destruction of the major portion of one or more Units, the Board
shall engage an institutional trulice as aforesaid upon the written demand of the
mortgagee or Owner of any Unit -so destroyed, The fees of such institutional trustee
shall be common txpen-SA-S.
(f) Insurance coverage on the furnishings and contents, insurance covering other
items of personal propz--T -y within each individual Unit belonging to an Owner, and
-
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#347654 QS/12/92 14;47 Rea $145.00 RK 6e5 PG 975
Silvia Davis, Pitkin Cnty Clerks Doc
casualty and Public liability insurance c0vCTa9c within each individual Unit shall be the
responsibility of tht Owner thereof.
18. Rmi7s. Mai the
There shall be no alterations, additions to, of improvements On
General Common Elements (other tbwn for purposes of repairing, maintaining, replacing, Or
restoring portions thereof) requi:ing an expenditure in excess of Five Thousand Dollars
approval by affirmative vote Of seventy-five percent (75 %) of the
($5,000.00) without the prior
Unit Owner interests as described in Exhibit "A" There shall be no such required approval of
and replacement of such
or limitation upon expenditures required for the repair, maintenance,
Elements. Notwithstanding the preceding, alterations, additions, or
t
General Common
General Common E�kc ments in excess of Five Thousand Dollars ($5, 000.00)
improvements to the
can be made upon the affirmative of 1=1 than seventy-five Percent (75 %) of the Unit Owners,
so long as those Unit Owners not affirma:ivcly voting for the alteration, addition, or
what their share would have been if the
improvement do not pay a share thereof greater than
alteration, addition, or improvement cost only Five Thousand Dollars (S5,000,00).
19. Asse mant- mmon Exp�nses.
(a) Declarant, for each Unit owned by it, and for and as the Owner of the
each 0,%mer of any Unit by
Property and every part thereof, hereby covenants, and
not it be so expressed in the deed, shall be
acceptance of a dead therefor, whether or
deemed to covenant and agree with each other and with the Association to pay to the
Association quarterly or other periodic assessments made by the Associatior. pursuant CO
for special
vote of the Board for the purposes provided in this Declaration, and
for improvements and other matters as provided in this Declaration.
assessments capital
Such assessments shall be fixed, established, and collected from time to time in the
-miner provided in this Article, and by the Articles of Incorporation and Bylaws of the
Association.
(b) The total assessments ag nst .,ai all Units shall be assessed to the Unit Owners
of ownership as set forth in Exhibit `A' and
according to each Unit Owner's percentage
shall be based upon advance estimates of cash requirements by the Association to provide
for the payment of all estimated expenses growing out of or connected with the
T'f the General Common Elements or furnishing such utility
maintenance and operation
services (as shall not be separately furnished and metered to the Units), which estirraT25
may include, among other,ithings: taxes and special assessments, until the Units am
separately assessed as provided herein, premiums for all insurance which the Association
is required or permitted tolm maintain pursuant hereto, except such prerriiUrns as are paid
for by the Association for which, direct reimbursement is made by a Unit OWT.' Ir Or
r
Owners; common lighting�and heating and common watei charges; trash collection,
wages for Association employees; legal
,ewer service charges; repairs and maintenance;
and accounting fees; any deficit remaining from a previous period ; the creation of a
WI)
reasonable contingency reserve, surplus, and/or sinking fund; and any other expenses and
rIV
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JUL.29.1999 1:21PM GAFj&LD & HECHT uY N0.450 P.25
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##347654 08/12/92 14:47 Rec $145.00 EK 6B3 PG 976
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
liabilities which may be incurred by the Association for the benefit of the Owners under
or by reason of this Declaration.
(c) At least once each year, the Board shall estimate the annual budget of
common expenses (the annual budget`) including the total amount required for the cost
of wages, materials, insurance, services, and supplies which will be required during the
ensuing calendar year for the rendering of all scrvices in connection with the General
Common Elements, together with a reasonable amount considered by the Board to be
necessary for reserve for contingencies . and replacements, and shall notify each Unit
Owner in writing as to the amount of such estimate with reasonable itemization thereof,
i
Said annual budget shall be assessed to the Unit Owners according to each Unit Owner's
percentage of ownership as set forth in Exhibit W. On or before the 1st day of March -
i of each calendar y= commencing 1993, the Board shall supply to all Unit 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 of the actual expenditi:zas.
Any amount accumulated in excess of the amount required for actual expenses and
reserves shall be credited according to each Owner's percentage of ownership as
described in Exhibit `A" to the next installmhort ge hallmbeOada rs under
ar ordi�ng to each
year's estimate, until exhausted, and any
net Unit Owner's percentage of ownership to the next two (2) installments due after
rendering of the accounting. The Board shall build up and maintain 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 inadequate for any reason, including
2 non-payment of any Owner's regular or special assessment, the Board may at any time
zpledge future assessments to become due to the Association as collateral for a loan or
loans to pay for such extraordinary expenditures or levy a further assessment, which shall
be assessed to the Unit Owners according to each Unit Owner's percentage of ownership
as described in Exhibit "A". The Board shall serve notice of such further assessment on
all Unit Owners by a statement in writing giving the amount and reasons therefor, and
�. such further assessment shall become effective with the next payment which is due more
than ten (10) days after the delivery of mailing of such notice of further assessment. ;All
Un
it Owners shall be obligated to pay the adjusted quarterly amount,
.� i. .
(d) 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 current
obligation to pay the maintenance and other costs and nessay ryes as herein
provided, whenever the same shall be determined, and hi the absence of any annual budget or adjusted budget, the Owners shall continue to pay the assessment payment
which is due more than ten (10) days after such new annual or adjuster] budget shall have
' been mailed or delivered.
I
,
i
� k
r +.
l�
.23.19 3 is 1
#347654 oe/12/92 14:Rec $145.00 BY &W PS 977 :
i
Silvia Davis, Pitkin ..crity Clerk, Doc $.00
The Board or the Managing Agent acting for and on behalf of the Board shall
records of receipt, expenditures,
.�,l .,.'
de'iver copies of the budget, and actuate books and
the obligations of each and all Ownersfor
arse ts, and liabilities of the Assc #atiott, and
thereto, and L75 lion by any Owner or any representative
the same shall be open pe anal
time or times during no
;
it nable
of an owner duly authorized in writing, at such reaso
be any Owner. All funds collected hereunder shall
business hours as may requestby
purposes designated herein, and (except for such
be held and expended solely for theme purpo g
less than all the Unit Owners and
• •'• "'':
special assessments as may be levied hereunder against
as may be required to reflect delinquent or prepaid assessments)
:; _ •.�;.',
for such adjustments
shall be deemed to be held in trust for the benefit, use, and account of all the Owners
y .•
in the percentages set forth in Exhibit "A".
Until such time as the• shall have provided its first annual budget, or
(e) the Board shall have the right to assess
the
for such other period as #deternines,
the common expenses, as hereinabove provided,
f
:.
(f) The following expenses or charges incurred by the Board (and/or Unit
individual Owner to which such expense or
.
Owners) shall be specially assessed to the
charge is applicable (in addition to any other costs, charges, or expenses which by law
or the terms of this declaration are payable by an individual Owner):
(i) The amount by which any premium for insurance maintained by the
Eoaro and/or Unit Owner is increased as a result of any business or other activity
of such Owner,
or act of such Owner, or of any guest, invitee, licensee, or tenant
which is purchased by the Board
or the amount of any premium on new in
business other activity or act of such Owner, or of any
solely as a result of any or
of such Owner. The written statement of the
guest, invitee, licensee, orte zrit
insurance carrier to the effect that a specific rate or increase is attributable to such
business or other activity span be conclusive as to such increase and the amount
insurance premium is necessitated by
thereof. If such increased premium or new
the usual and customary business activity carved on in accordance with the terms
-
of this Declaration in any Unit, then, upon the payment of such amount by the
Owner shall not be deemed in violation of the terms
Owner of such Unit, such
or provisions of this Declaration.
(ii) The monthly and other fee or compensation and any other cost or sum
which the Board or Association is obligated to pay to the Managing Agent with
+-
the terms of any agreement with such Managing Agent.
respect to a Unit undo ee
(ii) Any expense specifically attributable to a certain Unit or specifically
:.
attributable to a certain Units use of the General Common Elements.
(� In addition to the remedies or liens provided by law, or Declaration,
charge or
if an Owner is in default in the quarterly payment of any aforesaid c e or assessment
\ � ,'
JUL. 2C.199S 1-22PM
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#347654 08/12/32 14:47 Re- $145.00 BY 685 PG 979
Silvia Davis, Pitkin Cnty Clenk, Doc $.00
for twenty (20) days, the Board may bring suit for and on behalf of the Association and
as iepresentative of all Owners, to enforce cotton nandrthere shallf or tO foreclose
added to the
therefor as provided by law or by this Dec
together v.ith
amount due the collection costs of said suit,
off e Associati nincluding 2.11 �o a the rate of eightera
urt costs,
interest at the greater of the borrowing rate
percent (IS%) per annum from the due date thereof, plus a late charge of fifty dollars
(e50.00) and reasonable attorneys' fees. No Owner may waive or otherwise se oescape
liability for the assessments or_ ocher charges provided for hereby y
General Common Elements or any porticr► thereof or abandonment of that Owner's Unit.
(h) Assessments or other charges assessed against a Unit shall be the penoaal
and individual debt of the Owner or Owners thereof and such Owners shall be jointly and
severally liable therefor.
C h All sums
20. > >en rOr �T� i P_ nt of orn
mon assessed but unpaid for the share of common expenses chargeable to any Unit and all slims
specially assessed hereunder to any Unit, but unpaid, and any and all other sums due to the
Association and unpaid by a Unit Owner ms and encumbrances,terms of s Dcept only for: eclaradon, shall constitute a
lien on such Unit superior to all other' h
(a) Tax and special assess ent Bens on the Unit in favor of any lawful
governmental assessing authority; an
(b) All sums unpaid on any first mortgage or first deed of trust of record in
Pitlan County, Colorado, including all unpaid ogaat r to advances
exto
be
tnz-'nse pursuant
to such encumbrances except for an amount equal
ted by the Association pursuant to the Colorado Common
based on a periodic budget adop
Interest Ownership Act and which would ld have mbeco n ti uti n of an e in the action toenforce n the
during the six (6) months immediately P one hund.reti
lien, but in no event shall such priority for the six-month (6) periodreeding
fifty percent (150 `%) of the average monthly assessment during the immediately p
rrcd in an
fiscal year multiplied by six, and exceptor for orsyacquiringens' fees and s n a1its o t after
action to enforce tee lien. All other
t.':is Declaration shall have been recorded in said records shall be deemed
to con whether
such liens shall be inferior to future liens fot that
r assessments, provided such liens.
or not such consent be specifically set forth in the instruments creating
The recording of this Declaration constitutes record notice and perfection of the
assessment lien as provided in theColoradoMorado Common the s'dl�tion may preparect However,
to evidence such lien, the Board anagln
the general nature
of the Owner of theL'lnit,nd
a written notice setting forth thee Unit.of the indebtedness, the name description of the,
Agent at the
Such a notice shall be signed by a member of the Board or by records in
office of the
Board's direction and may be recorded in the real property
-18-
Silvia Davis, PitKin LnT-y k-Lt- m - --
Clerk and Recorder of Pitkin County, Colorado. Such lien
shall
attach
of the defaulting
the failure of payment. Such lien --ay be e"forced by foreclosure
Cwner's Unit by the Association in liIx MBATer as a mortgage or deed of trust on real
property upon the recording of a notice or claim thcmf, any the cost5 and ��nfforse o losuch
� procings, the Owner shall be required m pay
proceedi:tgs, the costs and expens; s of filing the notice or claim of lien and all
reasonable attorneys' fees and court costs. The Owner shall also be required to pay to
the Association the quarterly assessment(s) for the Unit during the period of foreclosure,
and the Association shall be entitled to a receiver to collect the same. The Association
shall have the power to participate as a bidder at such foreclosure or other legal sale znd
to acquire and hold, lease, mortgage, and convey the same, or otherwise deal therewith.
Any encumbrancer holding a lien on a Unit may pay, but shall not be required
to pay, any unpaid common expenses or other assessments or charges payable with
respect to such Unit, and upon such payment such encumbrancer shall have a lien on
such Unit for the amounts paid of the same Tank as the lien which that encumbrancer
would have had but for such Association lien for unpaid common expenses and
assessments.
The Association shall report to any encumbrancer of a Unit any unpaid
assessments remaining unpaid for longer than sixty (60) days after the same shall have
become due; provided, however, that such encumbrancer first shall have furnished to the
Association written notice of such encumbrance, a current address for the delivery by
mail of such notice, and request to be so notified. However, the Association shall not
be liable for any failure to report to any encumbrancer notice of any unpaid assessments
nor shall the lack of such notice affect, delay, or hinder the time period in which the
Association may proceed to exercise any reined"-' available to it to collect such unpaid
and delinquent assessments. f I
All suns assessed for common expenses which remain unpaid for thirty (30) days
:Tom and after the due date thereof shall bear interest at the greater of the borrowing rate
of the Association, or at the rate or eighteen percent (18 5b) per annurn from and after
such due date. I
21. I iability IgLt.omrnon
upon the written request of any Owner or any encumbrancer or prospective encumbrancer of
a Unit or their respective designers', the Associetion, by its Managing Agent, or if there is
none, then by the financial officer ofthe Association, shall issue a written statement setting forth
the amount of thz unpaid special assess;,u Its and common expenses, and other eharg
es due
hereunder, if any, with respect to the subject Unit, the amount of the current quarterly
2Ssessments and the date that such t_tisessments beco.�ne due, and credit for any advance payments
of common assessments, which statement shall be conclusive upon the Association in favor Of
all persons who rely thereon in good faith. Unless such request for a statement of indebtedness
shall be complied with within ten (10) days after receipt thereof, all unpaid common expenses
-19-
zs' E � _,y}jq ;' i'-,•=rr�`:a'C,'.", sti .. - 'v'<< I °t4.` :•S .. `i��' � ... � ' �:, a . .. .,.,, � . - -. 1 � ' � . , .�,;'�1.,�
2 LtJUL. 29 199C, 1 * 4PM tGA LD & HECHT`r
4347654 08/12/92 14:47 Rec $145.00 BK 6a5 PG 960
Silvia Davis, Pitkin Cnty Clerk, Doc $-00
and other charges due hereender which become due prior to the date of malting such request
shall be subordinate to the lien, if any, of the person or entity requesting such statement.
:fie grarttee of a Unit shall be jointly and severally liable with the grantor for all unpaid
assessments against the latter for that Unit's proportionate share of the common expenses and
for the special assessments and other charges due hereunder up to the time of the grant or
conveya,-ice, without prejudice to the grantee's right to recover from the grantor the amounts
paid by the grantee therefor, provided, however, that upon payment of a reasonable fee not to
exceed seventy-five dollars �S75.00), and upon written request, any such prospective grantee
shall be entitled to a statement from the Managing A -gent, or if there is none, then by the
financial officer of the Association setting forth the amount of the unpaid quarterly and special
assessments, and any other charges due hereunder, if any, with respect to the subject Unit, the
amount of the current quarterly 3sscssment, the date that such assessment becomes due, and
credits for any advance payments, which statement shall be conclusive upon the Association.
Unless such request for such a statement shall be complied with within ten (ld) days after receipt
of such request, then such requesting grantee shall not be liable for, nor shalt the Unit : onveyed
be subject to a lien for any unpaid assessments or other charges due hereunder against the
subject Unit prior to said conveyance, but nothing herein shall serve to relieve the grantor of
personal responsibility therefor. The provisions contained in this paragraph shall not apply to
the initial sales and conveyances of the Units by Declarant, and such sales shall be free from any
liens for common or special assessments to the date of conveyance thereof by Declarant.
22 r r Any Owner shall have the right from
time to time to mortgage or encumber that Owdn�e'rd's f must shall be ot by deed of trustwh ch ghas firs othand
security instrument. A first mortgage or
paramount priority under applicable law. The Owner of a Unit may create;unior encumbrar_ces
on the following conditions: (1) that any such junior encumbrance shall always be subordinate
to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, liens for
common expenses, and other obligations created by this Declaration, the Articles or
Of
In�
rporation, and the Bylaws of the Association; (2) that the mortgagee under any j
mortgage shall release, for the purpose of restoration of anv improvements upon the mortgaged
premises, all of that mortgag,— s right, title, and interest in and to the proceeds under all
insamIce policies upon said premises, which insurance policies were effected and placed upon
the mortgaged premises by the Association. Such release shall be furnished forthwith by a
ti juor mortgagee upon written request of one or more of the members of the Board.
23. AssNjaaon as Attome_v in Fa- Daman DPst*uctio obsole enCe and SaL.
This Declaration does hereby make mandatory the irrevocable appointment of an attorney -in -fact
to deal with the Property upon its destruction or obsolescence. Title to any Unit is declared and
expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a
deed from the Declarant or from any Owner shall constitute 2ppointment of the attorney -in -fact
herein provided. All of the Owners irrevocably constitute and appoint the Association their true
and lawful attorney in their name, place, and stead for the purpose of dealing with the Propemy
upon its destruction or obsolescence as is hereinafter provided. As attorney -in -fact, the
NO.4_50_ _ �P . 30
Silvia Davis, Pitkin Cnty
$145.00 BK 685 PG 961
Clerk, Doc $.00
A.
and
Association, by its president and secretary, shall have full and complete authorization, rightt
,
dam , or any outer instrument with respec
power to make, execute, and deliver an} W n=t, de and appropriate to exercise the powers
to the interest of an Omer which may
R and reconstruction of the improvements as used in the succeeding
he grantedr the
same to substantially the same condition in which it existed
subparagraphs means restoring
prior to the damage, with each Unit and the General and Limitai ram,- term
:non Elements having
ents-
substantially the same vertical and horizontal boundaries orbef°r Portion thereof, minc dins a"v
means any improvements forming s pp.rt of the- Prop�Y' _'
Unit. The proceeds of any insurance collected hall b Owners and all first o gages agree
purpose of repair, restoration, or replacements unless
not o rebuild in accordance with the Provisions set forth hereinafter,
re Or Other
(a) In the event of damage °nstructtttheimprovmenn due to its, hall bP applied bey the
insurance proceeds, if sufficient to reca
Association, as attorney -in -fact, to such reconstruction,ssociatton shall havd the e full autheoriryhngbe
promptly repaired and reconstructed, fh
and power, as attorney-ir-fact, to cause the repair and restoration of the improvements.
rocceds are insufficient to repair and reconstruct the
(b) If the insurance p s are not payable, ^nd if such damage
improvemenu, or if for any rea-con such proceed 50 of the �t� foot area of the
substantially affects not more than fifty per ( ) red a;.d reconstructed by die
building, such damage or destruction shall be Promptly and the pros
Association, as attorney -in -fact, using the proceeds of insw their
if any,
of an assessment to be made against all ofth
0�ers and and a e��rata arSUch ngfito1eeach
assessment shall be designated a special as
Owner's percentage interest as described Exhibit u �end shall be due and Asyociation shall have payable
full
witfun sixty (60) days after writt to cause the repair or restoration of the
authority, right, and power, as attorney -in -fact,
improvements using all of the insurance proceeds for such purpose notWnthstandutg the
failure of an Owner to pay
the assessment. The assessment Provided for herein shall be
a debt of each ed
Owner and a lien on each Owner's Unit aad may betherme . .o , as
collected as is provided in paragraph 20. In addition thereto,
right wid power to sell the Unit of any Owner
attorney -in -fact, shall have the absolute rig menu within the time provided, and if not
refusing or failing to pay such deficiency assess written
so paid, the Association by and through its Board shall cause to tb •' recorded Association. The
statement that the Unit of the del' quex►t Owner shall be sold by
pmcc& s derived from the sale of such Whit , s bbe ject C.R.S. 38-333 3y2 8e
Associanon, as attorney-in-fact,.in tale follo g
order
as it may be amended from time to time:
(i) for payment of taxes and special assessment liens in favor of any
zssessing entity and cusstomaa-y expenses of sale;
(ii) For payment of the balance of the lien of any first mortgage;
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#347654 08/12/72 14:47 Rec S145.00 PK 4683 PS 982
Silvia Davis, Pitkin Crty Clerk, Doc $,00
es including attorneys' fees and costs of
(iii) For payment of ur��.aid charg nse, including all sums due under the
collection due hereunder and common exg
terns of this paragraph 23,
(.v) For payment of junior liens and encumbrances in the order of and to
the extent of their priority; a-�d
(Y)
The balance ,mairb1g, if any, shall be paid to the Unit Owner whose
Utlif is Sold.
,teat (509b) of the square foot arm, of the building is
(c)(i) If more than filly Pe The Unit Owners may terminate the
destroyed or substandauy damag
ershi Community in the manner provided by the Colo a
Common Interest Own P Act In such case, the Association shall forthwith
Common Interest Ownership and upon the retarding of such
record a notice setting forth such fact or facts, p the entire condominium
notice by the Association's president and secretary, 331
project shall be sold by the Associationin this s as Declaration, theoCondoruum
free and clear of the provisions contained
Map, the C,ztificate of In�rporatian, and the Bylaws. The insurance terse hall
Proceeds, i f any, shall be collected by the Association, and such proceed
be divided by the Association according to each Owner's percentage interest as
described in F�chibit "A' and such divided proc�"ds s'iall be Paid into s„�parate
unt resenting one of the Units. Each such thacco unit
aunts, each such a= 1eP
shali be in the name of the Association and shall be further idhti unt shall be
designation and the name of the Owner. 'ptiereafter, each
supplemented by the apportioned amount of the prods derived froc
ri each
of the entire ProP'eny
Such apportionment shall be based upo
Owner's percentage interest as described in F�llfo ' w . From each sepa� the
account, the Association, as attorney-in-fahout�antZ'bution from oneiaccot0
total amount of each of such accounts, w" provided in
for the same purposes and in the same order as is p
another, h, The provisions contained in
Subparagraphs (b)(i) through (v�) of this Pam
given to Cabe first mortga:;ee or
this subparagraph shall not hinder the p
first deed of trust holder under a mortgage or deed of mist endorsement.
resenting an aggregate ownership interest of severty-
(ii) Ii the Owners rep adopt a written plan for
five percent (75 %) or more as d served in F�w1 it ` Aa approval
or consent of all
reconstruction, which plan has the unanimous writte+-i aPP sand other
first mortgagees then all of the Owners shall be bound by the term
rovisians of such plan. Ally as ment made in connection with such plan. shall
p ial a_s,essment a: -id shall be made pro rata according w each
be designated a spot able as provided by the
Owner`s percentage interest and shall be due and pa
yable
after written demand
terms of such plan, but not sooner than SiAty (�) y wee, as attorney -
thereof. 'ne Association shall have full authority, right, and Po
-22-
#:347654 o8/12192 14t47 Rec $145.00 2
Silvia Davis, Pitkin C.nty Clerk, Doc
685
8.00
in -fact, to cause the repair or restoration of I the improvements using all or $,e
insurance prods, if any, for such purpose notwithstanding the failure of an
Owner to pay the assessment, The assessment provided for herein shall be a debt
of each Owner and a lien on that Owner's Unit and may be enforced and
collected as is provided in Paragraph 20, In addition thereto, the Association, as
attorney -in -fact, shall have the absolute ;fight and power to sell the Unit of any
Owner refusing or failing to pay such assessment within ,�e 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 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 (b)(i) through (v) of this paragraph.
(d) The Owners representing an aggregate ownership interest of eighty-five
percent (85 5b) or more as described in Exhibit W may agree Lbat the Units are obsolete
and adopt a plan for the renewal and reconstruction thereof, which plan must have the
unanimous approval of all first mortgagees. If a plan for the renewal and reconstruction
is adopted, then the expense thereof shall be payable by all of the Owners as common
expenses; provided, however, that ari Owner not a party to (if not approving) such plan
for renewal and reconstruction may give written notice to the Association withir. t troy
(30) days from the adoption of such plan to cancel such plan. if such plan is not
canceled (by adoption of an appropriate resolution by the Board), then the Unit shall be
purchased according to the following procedures. If such Owner and the Association can
timely agree on the fair market value thereof,'lien such sale shall be consummated within
th.rty (30) days after the expiration of forty-five (45) days from the adoption of the plan.
If the parties are unable to a;reE, the date when either party notifies the other that he,
she, or it is unable to agree with the other shall be the "commencing date" from "Which
all periods of time mentioned hetrein shall be measured. Within ten (IQ) days following
the commencing date, each party shall nominate in writing (and give notice of such
nomination to the other party) a separate appraiser who shall be a licensed and accredited
member of the Appraisal Institute or similarly designated and qualified. If either party
foils to make such a timely nomination, the appraiser nomiaiad shall,` wim with thin
fivet.5
days after such failure to the other party, appoint
another similarly designated appraiser. If the two appraisers designated by the parties,
or selected pursuant hereto in the event of the failure of one parry to nominate an
appraiser, are unable to agree as to the fair market value of the Unit, they shall appoint
another appraiser to be umpire b-.,ween them., if they can agree on such person. If they
are unable to agree upon such umpire, then each appraiser previously appointed shall
nominate two (2) persons, and from the names of the four persons so nominated, one
shall be drawn by lot by any judge of any court of record in Pitkin County, Colorado,
and the name so drawn shall be such umpire. The nominations from whom the umpire
is to be drawn by lot shall be submitted within ten (10) days of the failure of the two
appraisers to agree, which, in any event, shall not be later than twenty (20) days
following the appointment of the =ond appraiser. The decision of the appraisers as to
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#347654 08/12/92 14:47 Rec $145.00 SK 685 PG 994
Silvia Davis, Pitkin Cnty Clerk, Doc $_00
i ' I
tha fai; mse
market value, or in the ca.
of their di went, then such decision of Cite
nnire, shall be final and binding. ,T"rne expenses and ices of such appraisers shall be
u-
borne equally by the Association and the Owner. The sale shall be consummated within.
fifteen (15} days after the determination of the ;air market value, and the Association,
as attorney -in -fact, shall disburse such pros -ems as is provided in Subparagraphs tb)(ii
through (v) of this paragraph• t . I
resenting an aggregate ownership interest of eighty-five
(e) 1he Owners rep nee that the Units are
- percent (g5 %) or more as described in Exhibit *�'' may �' and that the propp-.rty'
obsolete, that the common interest;community be terminated,
should be sold by the Unit Owners terminating the Common Interest Ownership
Inte=t ownership Act,
Commutlity in the manner provided by the Colorado,
In shall forthwith record a
In such instance, the Association by and through the recording of such statement by
statement setting forth such fact or facts, and upong
the Association's president and secretary, the entire premises shall be sold by the
Association, as attorney -in -fact for all of the Owners, free and
aclear of
ft nthe Certificate
contained in this Declaration, the Condominium Map apportioned among the Owners
Incorporation, apd Bylaws. The sales proceeds shall be
on the basis of each Owner's percentage interest in the General Common Elements, and
such apportioned proceeds shall be paid into separate ac.Aunts, each such account
representing one Unit. Each such 2ccount shall be in the name of the Association, and
d the na-me the
From
shall be further identified by the Unit dcsignatiOn as attorney -in -fact, shall nse and disbe urse the
each separate account, the Assvciation
account to anothez,
total amount of each of such a� en�e orderout ntri
is provided nriution fromn Subparagraph (`�)�tl
for the same purposes and In th
through (v) of this paragraph.
The Association may
24. tangible, and intangible
acquire and hold for the use and benefit of all of the Owners, real, �'� `
personal property and may dispose of the same by sale or otherwise, and the bene icizl i... r,
Ir
in ar.y such Property shall be owned by the Owners in the same proNrdo as the' with a transer respective a
in �� described in Exhibit "A" and shall not be transferable o f Lept the the transferor's beneficial
Unit. A transfer of a Unit shall transfer>� transferee Bch nee may use such property to
inten„st in such Property without any
accordance with the purpose for which it is intended, without ,`,i;,d2rino o. encroaching upon the
lawful rights of the other Owners, The transfer of title to a Unit ushaU entitle
nder
oci foreclosure ih e foreclosed
the successor in title to the beneficial interest in such Property
Unit.
eQ;stration ^�� of M ; ' dress. Each Owner shall register that Owner's
25.:1kLY
mailing address with the Association, and except for budgetstatements
Owneand ollbef routine
by ether
all other notices or demands intended to be safv addressed in the _
,,egiswred or oertified mail, postage Prepaid, return r eceest requested,
or other gs itttendsd
the Owner at such registered mailing addr-ass.
All
-24-
iFJ�s (O,J•T vv+ i —• — • - -
lok
Silvia Davis, Pitkin Cnty Clerk, Doc $.0
s�.all be sent by certified mail, gos
to be served upon the Board or the pysoctauon and -� /�D
Pad, receipt requested to Pitylon C..nter Condominiums, duly
Colorado ,until such address is changed by notice of address change
Aspen, Pitkin County, Colorado, and mailed to each
f
recorded in the office o the Clerk and Recorder, n the Declarant \
Owner. notices, ntands, or outer instriments insended to served upo
shall b� sent to it in the same manner at P:tldn Corded notice.r Ltd,, All notx�On, Ce zso9mailed shall' �
Colorado 91612, until such address is Changed y
be ft--med to be given and received when deposited in the United States mails as aforesaid.
ium Ttm separate condominiurn estates created by
26' A ' shall continue until this Declaration is revoked in
this Dxlaration and the Condorminiutn Map
the manner as is provided in this Declaration or until terminated in the manner as is provided
in. this Declaration.
v This Declaration shall not be revoked unless all of the Owners and all
�7, Re Il
of the holders of all recorded mortgages and/or deeds of trust coverng or affecting all ofthe
Units unanimously consent or agree in{writing to such revocation by instrument(s) duly recorded.
• -- -IMIq Rviaws
29. w v P y provisions of this Declaration,
of thea cCtici lion. Each Owner shall com 1 strictlyanon, and the reasonable titles and
the Artcies of Incorporation, and Bylaws of the Abe lawfully amended from time to time.:'
regulations of the Association, all as the same may
The violation of any restriction or condition or regulation adopted by the Board or the
tained, shall give the Board (in the natrie of the
breach of any covenant or provision herein con
the right, in addition to any other rights provided for.in
Association on behalf of the Owners) portion of the Property upon which, or as
this Declaration: (a) to entar upon the Unit, or any abate and remove, at the expense of
to which, such violation or breach exists and o sure tyhat may exist thereon contrary to the
dition the defaulting Owner, any structure, thing,
or conintent and m�ng of the provisions hereof, and the Board, an its employ or0agenL y b
in any manner of trespass, to enjoin,
not ;hereby be dectned guilty ,u the continuance of any breach, and (c)
appropriate legal proceedings, either at law or in Cq ry,
to recover sums due for damages. Such remedies shall be cumulative and not exclusive of one
another and shaL' be in addition to any ohher remedies available to the Board by law.
29. No twins, obligations, covenants, conditions, restrictions,failure to
provisions imposed hereby or contained herein shall be abrogated or waivocanY
enforce the same, no matter how many violations or breaches thereof may cur
This Declaration may be amended, changed, or modified due to a
30. �• if L" ere exists a reasonable basis for such amendment,
change in circumstances or in law, rovided b a disinterested thud party
change, or modification supported by objective 'criteria p y b an instrument in
professional such as an engineer, surveyor, accoo car'�ifi�or �re'sigrned andacknowledgedby
wr}ting setting forth such amendment, change,
-25-
#347654 08�12/92 14:47 Rec 5145.00 BK 6W
Silvia Davis Pitkin Cnty Clerk, Doc �,00
PG 996
those Unit Owners representing not less than seventy p pro
nt (70 %) of the ownership interests
in the Common Flements of the Condominium Project, pro however, no amendment may
affect any Unit or Units in favor of any other Unit or 'Units. If a Unit
materially adversely
then the other Unit Owners may prove it. is not byprove $
Owner claims an effect's adverse,
a disinterested thud party professional such as an engineer, surveyor,
objective criteria by Notwithstanding the preceding, in no event ma.y any amendment be
accountant, or appraiser• ees having a bona fide
adopted without the unanimous consent of all Unit
Ownmea d mortgagees the allocation of
fast lien of record against any Unit,
condominium expenses men set forth in Exhibit
or of undivided interests in the pon MOn recorcati FlcmenLs as an instrument se�n.g
A'a.:d any such amendment shall oniy be knoleffective upon
forth such amendment, duly signed and acatoWledBed by the Unzt5 of No
Decla,-ant
modification, or amendment which affects the rights, privileges, or ob'uga
shall is effective without Declarants written consent. No change, modification, or amendmof �e
of conditions imposed upon the improvement, use, and occupancy
which is in derogation City or
Condominium Project by the City of Aspen Shall be made without the consent ofamdendment
governmental authority or their successor thereto ��ne jurisdiction
or toereover. Any re resolve any conflict with
to merely correct anobvious omission or typographical
applicable laws may be made at any time by the Board without trr: requirement to obtain the
consent of any Unit Owner or mortgagee.
31. —Q a -
(a) If any of the provisions of this Declaration or any par4-rap
h, sentence,
phrase, or word, or the application thereof in any circuirstance be invalidated,
clause, p
such invalidity shall not affect the validity of the remainder of this Declaration, and the
clause, phrase, or word in any
application of any such provision, �paragraph, sent�tca, o f the terms herein are her
other circumstances shall not be a,.ected thereby.
All declared to be severable.
(b), 7he provisions of this declaration shall be in nd all oa edrition an Pro ionssupplemental
o l lawny to the
Colorado Common Interest Ownership Act
.. (c) Whenever used herein, unles�e e�tthe Shall otherwise �, and the use any
e, the
singular number shall include the plural, plural
gender shall include all genders.
(d) The provisions of this dmlaration shall be liberally construed to effectuate its
purpose of creating a uniform and equitable plan for t1le development and operation of
a first class Condominium Project-
(e) If any of the option3, privileges, covenants, or rights created by this
Declaration shall be waawful or void for violation of (a) the rule against Perpetuities or
some analogous statutory provision, (b) the rule restricting; restraints on alienation, or (c)
any other statutory or common law rules imposing time liatits, then such provisions shall
-26-
'2'
JI
41
23 195 $ 1 Z9PM ; p 1GARF LLD &
#347854 de/12/92.14:47 Rec S145.00 9K 635 PG 9e7
AF Silvia Davit', pitkin Cnty Clerk, Doc $.00
•v of James Valero of Aspen, Colorado, his now
continue only for the period of -the 11 es
Living descendants, and the survivor of them, plus twenty -One (21) ye2rs.
32. gyve,.nation of 22ird Floor. Notwithstanding anything contained herein to the
contrary, the Owner(s) of Units 3A and 3B has the right and intends to privatize the third floor
by eliminating access to th,e third floor*, subject to then current City of Aspen regulations. Such
privatization shall be accomplished by�malang the elevator access to the third floor function by
key or other such secure means, and"by either eliminating the front stair access at the point
where the stairway ascends from the second floor to the third floor or by creating a locked door
access to such front stairs at the pointswhere the stairway ascends from the second floor to the
third floor or at some point between the second and third floor, and by creating a locked door
at the rear stairway where the stairway ascends from the second floor to the third floor. The
exxnse for this construction shall be paid for by the Owners) of Units 3A and 3B and shall be
subject to the terms and conditions of this Declaration except that it is understood this
construction may require certain Limited and General Common Elements be affected. If such
construction affects certain Limited and General Common Elements, such Limited and General
Common Elements affected will be restored to their similar condition prior to the commencement
of such construction other than as modified pursuant to this paragraph. At the time such
privatization occurs, the Limited Common Elements L.C.E. 1 and L.C.E. 2 shall become part
of the third floor as either part of Uiuf 3A or 3B as shall be designated by the Owner(s) of Units
3A and 3B at that time. In addition, fthe Owner of : B has obtained necessary approvals from
the City of Aspen to construct an additional balcony on the third floor. The expense for this
conscuction shall be paid for by the .Owner of Unit 3B and shall be subject to the terms and
conditions of this Declaration except that it is understood this construction may require certain
Limited and General Common Elements be affected. N such construction affects certain Limited
and General Common Elements, such' Limited and General Common Elements affected will be
restored to their similar condition prior to the commencement of such construction other than
as modified pursuant to this pangraph.
This Declaration reserves the This right to the owner of Unit 3A and/or the Owner
of Unit 3B to construct a jacuzzi and roof deck as desired by either or both Owners of such size
and at such location on the roof as determined by said Owners in their sole discretion, without
any farther approval from the Association, the Board, or other Unit Owners, in a workmanlik--
manner, subject only to obtaining a building permit for such from the City of Aspen. The
construction of such shall not affect the allocated interests in Exhibit "A'. Such 1 The
construc+d
on
shall not affect the rights reserved by the Managing Agent or Board in Paragraph
0-*,ner of Unit 3A or the Owner of Unit 3B by the act of commencing such construction agree
to indemnify and hold harmless the other Unit Owners, the Association, the Board, and the
Managing Agent free of any claim for loss, damage, or injuries incurred as a result of such
cons,sction, in addition, the Owner of Unit 3A and the Owner of Unit 3B each have the right
to access the roof areas for construction cf a jacuzzi patio area, with said area being a L.itruted
Common Etenicnt for said Units 3 . and 3B. The expense for this construction shall be paid for
by the Owner of either Unit 3A or 3B and shall be subject to the terms and conditions of this
Dec:a,adon except that it is understood this construction may require certain Limited and
-2 / -
ia' r`.� � sr:.;,. :Y• . s � +t• � f .. ,Juo� ' i'� .;jgr;. ' • �� . %�;` • �" w, / '1
#347654 OB/12/92 14147.Rec s145.Opo K 6= PU
Silvia Davis,. Pitkin Cnty cler•ki
General Common Elements be affectedf if such construction affects Certain Limited and General
Common Elements, such Limited anjd t cral Common Elements affected will be restored to
then similar condition prior to the eot =Wcement of such cond a ion other than as modified
purs=t to this paragraph.
33. 6mol nce VVit_h Qwnershlp.A •
To the extent that any
tam, provision, or, condition of OODeclardtion shall conflict with the requircments of the
Colorado Common Interest Ownership Act, the requirements of the Colorado Common Interest
Ownership Act shall supersede and control and this Declaration shall be interpreted as though
such requirements were set forth herein.
IN WTTNPSS WHEREOF, the Declarant has duly executed this Declaration this 12th day
of August, 1992.
PMUN CENTER LTD.
By
J es alerio, individually
� rney-in-fact for
Lan phillips Valerio, Judy
�V , James Wells, Paula Loud,
M. Loud, and Greg xayr:e
STATE OF COLORADO )
) ss.
COUNTY OF PITION )
The foregoing Condominium De�cl�-ation was acknowledged before me by Jim Valerio,
ua
individlly, and as attorney -in -fact for Lanen Phillips Valerio, Judy wells, James Wells, Paula
Loud, H. M. Loud, and Greg Kayne this 12th day of August, 1992.
Witness my hand and official seal.
commission : ` t.Q 4 14 L
My �P�
Notary Public
Address: w G (p
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'A
#347654 os/12/92 14a47. Rec $145.j . Doc 4.0040 81(� PS 9"
C1 erk t
• Silvia, Davis, Pitkitl,:'Cnt Y _ .-•--- .- i ,
.+w 1r �,rs � • .
{ '
MGM
(Attached to Condonunium Dee on for
Atkin Center -Condominiums) 4�
vencrsi�ip interest (- Allocated Interest) in the „
Schedule of Unit Owner's p�ta8e of o}
Center Condominiums is as follows: •=;�
unit iumjnn
M Y d•:,
Bl >` 8.54`�
B2 '' 2.73
P 1 5; 2,69 ,
7.62
1A 7.24
6.25
1C 5.17
j 2A } 17.98
! 2B i' .. 9•77
3A 12.48
3B 2.93
El 2.93 ~`
2.93
E3
100.00
TOTAL
-29-
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.y ur�R� ury aun'ry wnron spa years soar you ors' mscover
sucn dNKY in ne eyant may any actwn based upon any detect m tnK surrey
be oOmm *d mot• loan fah yNrl from the date of the Canwcstron shown
harwon
UNPE C-et CVhp UTILfT(£7 IN ALL4---`1 ) —►
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CITY
•71pEW^LfC ,
HYMAN AVENUE
Vwb7 i m"v Erm W cmir, Tit-ir.
P%IWIl R vul •%Yyo, 11 IV.
Post Office Box 1730
Aspen, Colorado 81612
303 925 2688
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51
PITKIN CENTER CONDOMINIUMS
1-OT'°J 2 4 3, PITKIN CENTEIC SUPSDIVIeiION, (FoKkAmRL`i L.D'Tri r { GI;, ftOCK 4+) CIT'i OF pSPLt`l, COLORAM
CITH AF'PICpVAI`. 4 ACCEPTANCE.:
THIS CONWMINIUM PLAT OF PITKIN CENTER CONOOtv(W[UM`j
l7 uErzrr3( Arf'KG"V -0 4 ACCEPTED " THE CIT'1 COLT- Iq_
7r) RUtT['£iZ `5,7'K ~T — OF THE C(T l OF ASPEtJ T1-4l5 p^K OF , l q_.
FnNt2 KEP&^,K -4 c*r
LFe 20151
CI
II
,,r' `" �rRc►e[Ta LINE
r FWND FZEPO*x S CAP
L.S. �10161
lF�K►^ERl-ti 50�i}tF•ASTCc fZ, WT ON)
orm d u �E'5 D. R .
-FOHN 5. r�ENNVTT, wj^jpt_
ATTE6T, KATHIChN S, iGCX I, CITH CLERj'C
PLANNIN& 01 ZZCT APPR0VA4_ -'
TN(5 COMPOMINIUM PLAT OF PITKIN CENTF.P. CONDOMIN(UMn
WAS APrK0vEP 134 TF(E 1'LANN(N6 DItzECTOiz CIF THE C1T'1
OP ASPF,N ON THI= PA-1 OF Iq—. SIGNED
TW5_DA'I OF , l`t
CHAT KZ NlAN
GITK ENCvINF_F_" A1-PK0VA4_:
71-415 CONDOMINIUM PLAT OF PITK(N CF_NTEIC CGNOOMINWN J--
WAh APPROVED R3ti THE CITs1 Et�INEER Orr 7IWa CITa1 CY
ASPEN 7141f7 PAs1 OF_, f-j_,
CITh EN&(NEEJK_
GLBKK a4 9EC0K17EW-, cr_KT1F(CATE::
THIS CONPOM(NIUM PLAT OF PITKIN CENTER CONO OMINIUM"2
WA') ACCEPTED? 4 FI LE.D FOP, KECOFD IN 7HE OFFICE OF THE
CLERK $ KECOtzDEK C>F PITKIN COUNT-1I, C.OLCI ADX),
AT 0CLCr_K ____M., T E: t7A,l OF 1.1__,
AND 1,5 RECOKTDFI IN PLAT r_XD0 C AT PAC1 E
,A6 tZECEPTION NO
CL.EFZK ¢, KECOP.t7r_Rv_
N(7TE :
�t-L SEMi�T3 - St-tOWN CN FfT'KSN CCXXVT-'f TITL_F_, 1t,C.,
TITLE PbL IG� t, CASE No. OCo25.
OWNER") CERTIF1C/4TE.:
KNOW ALL MEN f3ti THE5E PKESE.NT5 T44AT PITKIN CENTEr- I-TR,
A C4DL0RAP0 GENERAL rfVCTNF_Kt> I I P, e E I N& T�+E C-WNEfZ Of
CERTAIN LANIn IN THE. CIT`1 OF ASrEN, P(TKIN CCUNT,-I,
COL_OI r;o 7D wrrt LC'Tri 2 A 3, PITKIN CE.NTE. 5UDr2mI ,toN,
� FOKMEIZLk 1_07 5 P 4 (:Q, 11 -14) CI7-1 OF ASPEN, COLORACO,
00r-s HEFF-t" CEKTIPH TUAT THIS MAP OF P(TK(N CENTEtZ
CON90MtN(UM`2 I_-IA5 IEEE-4 PKEPArZD PUK5UA- T TO 71-KT
CEK'TAIN `;T/.TEMENT or r5<FMpT-(0N From THE DEF(NITIO(N
Ot= 5(Jt'�C71VI�i(ON GPANTET7 BH THE. A°iPEN C(T'l COUNCIL
ON I q — , AND KECOKPED
11(_ , IN I5OOK PAGE OF THF- KF_CO OF THE
CLEfzK 4 KECCI. OF PITKIN COUNTK, COLOKAGb I URSU�N1-
TO 7HE PURPO"'E=' `?MATED IN TG-IE CC NPOM(NIUM DECLA A,-rjCN
F0K , I'IT5,1N CiF_NTEr, CONROMIt-I hUvr5 REC OKDEl� ,
IN 1'1 PACE OF COU� 1FZECO KPH%
PITKIN CENTER- I =.., A
COLL 90 GENEICAL- PARTNm%4ir
1' : CKEG KAIINE,, GENERAL J1ARTNEp,'
C'OuW771 OF PITKIN j5'S"
THE FOREGOING OWNEK5 CEK7IF(C,,4,TE. WA9 ACKNOWLEP6ED
UFFOKE ME TH t 5 DA 1 OF , I'l
17H &KZ& K/.IINt✓ AS GI_NE.R/.L PArcTNEK OP PITKIN CENTLIZ
LTD•, A COLOKA(X0 2rENF.KAL_ PAIFTNF_K5H IP,
W ITK� Mti N-1AND 4 Ofr-I C r,-4_ SEAL..; MY CoMt✓I I551 ON
EXP( fzES: _
NOTAK'l PUBLIC
Anr�E55
3UKVEY0R'`I CF_KRTIFIC.ITF_t
T, L AMM P eee'M , HE.RE&I CERT IF-1 THAT ON APR I L 4
("i`10, A SUKVE.`I WA5 rF_rF0KMEp UNDER MN DIICECT•ION 4
SUPERVISION OF LOTS 2 tti 5, PITKIN CENTEJ", tLP PlVf51ON
CEORME,RL11 LCP 4 Ca , I'5L.0(-_f� '14) CIT"1 Of" ASPEN,
C0L0K^P0, THAT-il--(E T( KE,, STOKli 15U(Lf)ING
WADS FOUND 70 PEE LOCATED AS-;,HOWN HEKEON, TPE LOCAT(ON
4 DIMEf�15lON5 CIF THE Px:(J"P^K'l LINES, UTIL IT(C7 IMPROYE-
MCNTS 0 EASEMENTS IN EVIDEt,�E OK KNOWN -10 ME. AKA
ACLUKATEL'1 t*40WN .ON TH(7 MA r 4 TWF- MAF ACCU"TEL.`{
SV23STANTIALLH DEf ICTS THE LOCATION OF T(-}E f5U(LpiNG
4 THE VEKT(C.41__ d HOKI ZONT_AL iDI MEN510W, OF THE INT71Vlp jAL_
AIK 5PACE UNIT`) OF THr✓ PITKIN CENTF-M CONQDMINIUMS
tHERE(N 0, THEKEON, TN)= UNIT (7E5(GN-kT(0N"2 TUERI=OF
UNr)E.Iw- THE (NSTRCUC•T(ON5 PKOVIDE-2 ME 5`1 THE 0WNE1C5,
THI: MEASUICEMENTS OF SAID UN17-5 4 THE 1=LCYAT(0NS OF
THE FLOOR') 4 CE(L (NCB, ')AID MAP AL'70 ACCUKATE.LH
t7EPIC'T5 ALL ENCK0/NCHMENT5 f.�1 OM ON TH(�iE, pKEM15E�
THE FIELD 5L)rVEC1 WAS PePMFCKMEt7 IN ACCORDANCE WITH
COLOKCADO 5TATUTES 1`17t, TITLE 3ef, AKTICLE 51,
A5 AMENDER, ALL f71MEN5(CDNS, r"OT� LINEAR A ANGULAR,
AKF DETERM(NEt7 f5'1 AN AC-CUPKATE C-OI, R L SUIC�E�1 ($1
_r74eE FIELD WHICH r5ALANCES A, CLOSES WITHIN A LIMIT- 01r•
ONE W IN TEN THOU5rWr7 CIO COO). ALL EASEMEIJT7 Cr
RECOKtD AC7 1NDICATEZ2 ON T(17LE. 1'01_ICN CCA,�,F_ NUMP IC
PCT - 1612 C, 3) AKF_ ,'>HOWN 14EKl=nf�(.
�1-r(NE SURV��(5 INC, 13� :
TITLF- CERT(FICATI✓:
z (-fE!=✓ CEKTl1=K THAT A�5
PITKIN CENTER JDINT VENTUICC , A cT01NT
�/EN TUKE IS TN(= OWIJEIC IN FEE SIMPLE OF-
P{ROPERT� yt-iavvt t 0ff5CI1 t T5F_D rtEF .
I ITKIN C0C*-4T`( TtTt E, INC•
AS
a3i"ATE OF GOL-.oKA%X�
COuNl C9F PITKIN 5 G
_TWE FOfzE`Ott-� fNyileUMEM WA'� �GKNOWt_EpI D
r5e5F0Kr_ ME T►-IIS or- I q l I,
(75q Ac2
W(TNE55 M11 t1ANt7 { OFF(C(AL
M'1 C0mtv1l'fi(ON jtXPt RE5
NCTAKz f PUl_)LIC
Title COMMMI NI UM MAP ' 3 4P-F-T ONF OF -TWO
Job No "10 - ZR
Giant PITKI N Cfk4L-T.
TELEDYNE POST NJy"R't
.SENt�l�T OVJ:-: = A -L UP UNIT ?2
F+�R /ccrG7s in VTIL.Mf W<e5 4 TO (f-.0 i✓
BASEMENT GROUND LEVEL SECOND FLOOR
10E- h,T T ;cLF-V. - 7.15+0
LEY• - -1,1ti 2.2' 1
EL.Ev - 7943.0'
3 fzfJ. L Cx71Z 1'LE�/ - '1140. 0 \
ELEV�_7g3�•8' — _—
J
z
i
FL� MLE�/. _ 7428.0'
I 3-
� (�}c.Oc,�l•at7 �LL�O�C t✓L-EY � 791Co.9'
I I
F.LEV _ '7915.0'
�--- -- —1 I
-- -
ELEVATOON SCHEMATK
No, iCE �oee����g M Co\D•.RAc is- you mass\ cJPx•�q.u.'! q�y �RpRI wt-, base,' Alpine Surveys, Inc. Drafted c1 P.K.
�+� �• i 2' a2
U(r." !n� Ax\K\ n \h9 t'. �•�PY W�Ihi:� hHRP \B%1,! RhR' W�t:'� fl OH t`W luN� dB\Bc1. V1 OI l� 2 • �� � �1 I �. E�
• ..� q�P f •, q�[, tfgte0 �p • �y Aglgq b•t su'vgy b! - P N.
Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
ICo.S' lG 5' 17p,! GCNY
UNIT E 3 � � UNIT E 4
LN. =7.9' 42' 4.7.' G.H.-71' 18 8
0
vN. .'
n 1a.7' rv.C.E.. - w
`r r Oi
16 65' L..0 F— 2
NOTE 5T A4 Z5 4 L. W JNC�5 I Eg p
FwM THIS fO(NT UP A!�
L.G.E.-2
UNIT 3A UNIT 3B
C.H.`to. 1' 315' G4+.�10.I
i�
U 5.0'
h
14.0'
� Paai_coNK 7D 8�
� L.G.E. UNIT 3b
13.75 - -----�
�NC7T']✓ •. FUTUP.� �.L�'-Ceti
1a.0'
t�ALc.or,I Y
L.c.1�. ttNIT 3A
THIRD FLOOR
Title -[ wv ur I rvv %mo no -lu G7
Cliult PITKIN cr.NTE L*D.
FLOOR PLAN
SWEARINCaEN
TF, 2,ol
4
Q
A
B
G
D
E
F
G
H
I
101-0
10'-0"
10'-0"
J) \K
TOILET
I I 122
I I I I I
r I --
4
0 I2� I I BEDROOM #2
� A IIb I I I I I I
�, s In• I I I
12'-0" 31/�' 3'-� /4' '-0" I/�• II'-4" 51n' 1 31/
a-n• n'-r to Bia• a'-v In• r va•
-o
0 BATH BATH *2 I I
121 W
Ilb I I Y NE
n I I I CLOSET I I PECK
O A
BEDROOM # n
nEGKING 114 ^ AI I I
s v� I s-4 1/2- I
s'-0• 3 I/ b'- I!3" 3 In" Z'-0 3/0" 2'-0 3/0' 2'11" I' -II I/� 4'-b' Q '-6 In' I'-9" 5'-IO I/T S I
q �o na I TOILET
< A A q n3 1 n MASTER BEDROOM = __-
2,1" n ry 108
- - _ In
123 n � - — — — — — —
e � II -I A — —�
P I e VEST.D:6)
no I
ry m I � I Ill II 112
N
n -
- MASTER SITTING
I I --- -- HALL
-- I14
— �.-0.— _ 9 I s'_ — - j,-D.. — 9'-I I'-10" b'-B' 3 I/ 4'-S• s / b,-0„ I
GLOS T i
I23 m M k5TER BATH p
L NDRY — F n2 I --
I HEATILATOR
sc9o0
------- a '-B V O l08 F.P.
W D NEW SKYL16HT ABOVE A O
---- TV.
jr
FOYER
HALL
m 106 101 Y 10"! a
O A _ v 100
4 2 ln" 9 / 4'-S In" I'-9' b'-0 In' S In" I'-10 In' S In' '� T'-b 1/4' S In' 1'-I 4' A 5 In• II' -I
ENTRY 4
I I los a loo I I �
A I
103 - DN D T • �'
A POV`iDER
O I Aa PANTRY 105 EXISTING — —
ELEVATOR
STEREO TV.
O
I II � II II II
I I I I I ✓--1L__---_——��—___J _-j.I
KITCHEN r-----ram------ a — fT--- � �---- 1---� j I
16HT ABOVEI I NEW SKYLI 1 ABOVE
103 ---- I I
T'- 1/1/4' I 5 In" I IS�'8 I/�' I T-I 4• Sin' 0'
I I
BAR�
R S I I I I I I I
I O I I IF 102 h l I I I I
I --0 ---J I---iL------ I _ii--- I--- I—_--- I
I I
O000
I I I I I I I I I
�- Ail
f
DIRECT VENT P.P.
HEAT-N{LO MODEL
6RAW 50
EXISTING
DEGK
LIVING ROOM
lol
I
0'-1 5/4" 10'-0• 4'3"
A -
v U U U U U U U
I PENTHOUSE FLOOR PLAN
A2.1 5GALE: 1/4"= I'-O"
U
605 EAST MAIN STREET
ASPEN, COLORADO 81611
TEL: (970) 925-4755
ISSUE:
8-12-q8
PROGRESS
ELMORE
PENTHOUSE
520 EAST HYMAN
ASPEN, STATE
PROJECT
ELMORE
PENTHOUSE
C1819.00 981-100-SA21
DESCRIPTION
PENTHOUSE
FLOOR PLAN
SCALE, 1/4" - 1'-0"
SHEET
CH
Oc 1"a BILL POSS B ASSOCATES P.G.
THE INFORMATION AND DESIGN INTENT CONTAINED
ON THIS DOCUMENT IS THE PROPERTY OF BILL
POSS AND ASSOCIATES, P.C. NO PART OF THIS
INFORMATION MAY BE USED WITHOUT THE PRIOR
I WRITTEN PERMISSION OF BILL POSS AND
ASSOCIATES, P.C. BILL POSS AND ASSOCIATES
SHALL RETAIN ALL COMMON LAW STATUTORY
AND OTHER RESERVED RIGHTS, INCLUDING
COPYRIGHT THERETO.
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