HomeMy WebLinkAboutcoa.lu.gm.Pitkin Center Condos.A072-98 CITY OF ASPEN PLANNING CASELOAD INDEX
2737 - 182 -51015 9/1/98 A072 -98
Pitkin Center Condominiums Insubstantial GMQS Amendment Chris Bendon
520 E. Hyman Insubstantial GMQS Amendment
John A. Elmore I P.O. Box 381 ( Wrightsville Beach, I
Sunny Vann G'„ 230 E. Hopkins t Aspen, CO 81611 '; 925 -6928
450 (d) 450
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MEMORANDUM
TO: Julie Ann Woods, Interim Community Development Director
FROM: Christopher Bendon, Planned 't A yf
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 3B 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 staffs 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 -
1
•
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 3B, with the following
conditions:
1. 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.
3. The GMQS residential allotment shall be considered vacated upon issuance of
a Certificate of Occupancy
di v Ai.
4 - 6-J, - 1_ date /Y/s
Julie A 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.
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/Su / y Vanrf, Vann and Associates, L.L.C.
Represynting John Elmore, owner.
ATTACHMENTS:
Exhibit A -- Application
3
VANN ASSOCIATES, LLC aatarif a4 tM�
Planning Consultants c al
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August 31, 1998
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HAND DELIVERED
Mr. Chris Bendon
Community Development Department "mom,
130 South Galena Street
Aspen, CO 81611
.Re Pitkin Center Condogra Insubst tial GMQS Amendment
Vol was
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
4
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 be 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.
t ✓ 4 I
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 1 can be of any further assistance, please do not
hesitate to call.
Yours truly,
VAN ASSOCIATES LC
Sunny n, AICP
SV:
Attachments
cc: John A. Elmore
c: \bus \city.app \app37798.amd
EXHIBIT 1
CITY OF ASPEN
PRE - APPLICATION CONFERENCE SUMMARY
PLANNER: Chris Bendon, 920.5072 DATE: 8.24.98
PROJECT:
REPRESENTATIVE: Sunny Vann, Vann Associates
OWNER:
TYPE OF APPLICATION: Insubstantial GMQS Amendment
DESCRIPTION: 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 $180 /hour)
To apply, submit the following information:
1. Proof of ownership.
2. Signed fee agreement.
3. Applicant's name, address and telephone number in a letter signed by the applicant which states the name,
address and telephone number of the representative authorized to act on behalf of the applicant.
4. Street address and legal description of the parcel on which development is proposed to occur, consisting of a
current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado,
listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and
agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application.
5. Total deposit for review of the application.
6. 1 Copies of the complete application packet and maps.
HPC = 12; PZ = 10; GMC = PZ +5; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = I
7. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen.
8. A written description of the proposal and an explanation in written, graphic, or model form of how the proposed
development complies with the review standards relevant to the development application. Please include
existing conditions as well as proposed.
9. Copies of prior approvals.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is
subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a
legal or vested right.
JUL.23.1998 1:29PM GARFiELD K HE NU.4 '.3
FNT . EXHIBIT 2
COMMITMENT FOR 'i'i'i`LE INSURANCE
SCHEDULE A
1. Effective Date: 12/01/96 at 08:30 A.M.
Case No. PCT11433
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy -Form 1992 Amount$ 1,384,000.00
Premium$ 1,470.00
Proposed.Insured: Rate:SUB- DIVIDER
JOHN A.•ELMORE III
(b) ALTA Loan Policy -Form 1992 Amount$ 1,125,000.00
Premium$ 70.00
Proposed Insured: Rate:COMPANION
PITKIN CENTER, LTD., A COLORADO PARTNERSHIP
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 COLORADO and is described as follows:
See Attached Exhibit "A"
ISSUING COMPANY: FIDELITY NATIONAL TITLE INSURANCE COMPANY
By: PITKIN COUNTY 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.23.19SE 1:0SPM GPRFIELD & HECHT. N0.450 P.4
EXHIBIT A
CONDOMINIUM UNITS 3A, 3B, P1 AND P2, PITKIN CENTER 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 Condominium Declaration for Pitkin
Center Condomniums recorded August 12, 1992, in Book 685 at Page 961.
•
•
JUL-22.1992 1:09PM GRRFIELD & HECHT. NO.45U
r„
ENT
SCH^DULE E - SECTION 1
REQUIREMENTS -
The following are the requirements to be complied with:
ITEM (a) Payment to or for the account of the grantors or mortgagors
of the full consideration for the estate or interest to be insured.
ITEM CO) Proper instrument(s) creating the estate or interest to be
insured must be executed and duly filed for record to -wit:
1. Deed from : PITKIN CENTER, LTD., A COLORADO PARTNERSHIP
To .': JOHN A. ELMORE III
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 INSURED HEREUNDER
to secure : $1,125,000.00
3. Duly acknowledged certificate of the authorized Managing Agent or
Board of Directors of PITKIN 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.23.1998 1:09PM GARFIELD & HECHT. NO.450 P.6
FNT
SCHEDULE B SECTION 2
EXCEPTIONS -
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of the
Company:
1. Rights or claims of parties in possession not shown by the public records.
2. Easementg, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, enchroacbments,
any'factd which a correct survey and inspection of the premises would disclose
and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or
hereafter furnished, imposed by law and not shown by the public records.
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 any other special taxing district.
7. Reservations and exceptions as set forth in the Deed from the City
of Aspen recorded in Book 59 at Page 56, in Book 59 at Page 157, and
. is Book 157 at Page 212 providing as follows: "That no title shall
be hereby acquired to any mine of gold, silver, cinnabar or copper
or to any valid mining claim or possession held under existing laws ".
8. Easements, rights of way and all matters as disclosed on 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 18:47 FAX 910 509 1352 ELMORE /Y0W /ESIDE 2 002
PUG 16 '96 09:15:,M 'ANN SUMMERS COOK P.2
EXHIBIT 3
August 18, 1998
HAND DELIVERED
Mr. Chris Bendon
Community Development Department
130 South Galena Street
Aspen. Colorado 81611
Re: Permission to Represent
Dear Mr. Bendon:
Please consider this letter authorization for Sunny 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,
1 611
OTC
c: \basulty nitr377%eb1
08/18/98 TUE 16:48 FAX 910 509 1352 EL(ORE /YOR /ESIDE 2003
AUG 18 '93 09 :15A'1 VPNt ,SUMPIERS COOS( y P.3
EXHIBIT 4
ASPEN/PI :IN COMMUNITY DEVELOPMENT DEPARTMENT
Agreement for Payment of City of Aspen Development Application Fees
(Please Print Clout)
CITY OF ASPEN (hereinafter CITY) and _.4 �/,7 c
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APP ICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2, APPLICANT understands and agrees that City of Aspen Ordinance No 43 (Series of 1996)
establishes a fee strtettue for land use applications and the payment of all processing fees is a
condition precedent to a determination of application completeness.
3. APPLICANT and CITY agree that because of the size, nanne or scope of the proposed
project, it is not possible at this time to ascertain the fail extent of the costs involved in processing
the application. APPLICANT and CITY farther agree that it is in the interest of the pasties to allow
APPLICANT to make payment of an initial deposit and to thereafter permit additional costs to be
billed to APPLICANT on a monthly basis. APPLICANT agrees he will be benefited by retaining
greater cash liquidity and will make additional payments upon notification by the CITY when they
are necessary as costs are incurred- CITY agrees it will be benefited through the greater certainty of
recovering its full costs to process APPLICANTS application.
4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete
processing or present sufficient information to the Plattain.g Comunission and/or City Council to
enable the Planning Commission and/or City Council to make legally required findings for project
approval, unless current billings are paid in full prior to decision.
S. Therefore, APPLICANT agues that in consideration of the CITY's waiver of its right to
collect full fees prior to a on o�applieation completeness, APPLICANT shall pay an
initial deposit in the amount o Itch is for hums of Planning staff time, and if
actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings
to CITY to reimburse the CITY for the processing of the application mentioned above, including
post approval review. Such periodic payments shall be made within 30 days of lie billing date.
APPLICANT anther agrees that failure to pay such accrued costs shall be grounds for suspension
of processing.
Qa
CITY OF ASPEN f 6 APPLICANT
Signature: ?
Stan Date:
Community Development Director Printed ;`tame: _.4144N ��rr6
City of Aspen Mailing Address: ' ). O X 3 Cg 1
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• Silvia Davis, Pitkin Cn;.y Clerk, Doc 4.00
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Recorded at Recor.er 1
Reception No.
RECORDING RECJJHSTED BY:
WHEN RECORDED RETURN TO':
Douglas P. Allen, Esq.
600 East Hopkins, Suite 302
Aspen, Colorado 81611
SUBDIVISION EXEMPTION AGREEMENT •••• " - •
FOR {- „
PITXIN CENTER CONDOMIN$ i.
{ •
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A
WHEREAS, Pitkin Center Ltd. ("Applicant") is the owner of a 1-
parcel of real property in the City of Aspen,
Colorado, described as follows:
I '
Lots 2 and 3, Pitkin Center Subdivision (a lot split) as shown J <
on the Plat thereof recorded February 22, 1933, in Plat Book
14 at Page 36, County of Pitkin, State of Colorado
and ® :
WHEREAS, the foregoing real property contains one three -story . ih
-411 building; and •
WHEREAS, Applicant requested a subdivision exemption subject
condominiumization of the existing building on
property to be known as Pitkin Center Condominiums; and
WHEREAS, Units F: -1, E - -2, E -3, and E -4 are restricted to
employee use pursuant to the terms of Occupancy And Rental Resale
J Deed Restriction And Agreement recorded in Book 553 at Page 249 in
the office of the Clerk and Recorder of 2-A, Pitkin County, and Colorado,
Units B-1, B -2, 1 -A, 1 -B, 1-C, P -1, P -2,
commercial business purposes and Units 3 -A and 3 -8 are used for o
free market residential purposes; •
•� WHEREAS, Applicant has paid $6,025.00 for the affordable
4 fee in 1989; and
WHEREAS, the City Council determined at its regular me ' . e and
. held on November 14, 1988, that such to rtain was a p ropr at e and ,
i granted the same, subject, however, _ -
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 1 . ``4
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Silvia Davis, Pitkin Cnty Clerk, Doc 5.00
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 tenants in the
units an unassignable option to purchase their unit at the ( ..r.
offering price. Notice of said offering price as verified by :...
the Aspen / Pitkin. County Housing Authority, or its successors •^�:
shall be given in writing to each tenant and each tenant shall 1.1 '.
have ninety days in which to purchase their unit at said
price, with a copy of said notice addressed to the housing
1 authority. This option shall not apply in the event employee t.
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 •3
located; ;.
(5) This Agreement shall bind the successors and assigns of ,-
the respective parties hereto.
Dated this
di day of July, 1992.
fir l
PITKIN CENTER, LTD.
-__ . _.1 J. -,---- . 3 ( 3 (3 • By a es Valerib • . John S. Bennett, Mayor
/ Ge -rat partner _
I ll
'APP" ^VED:
Edward M. Caswall, City Attorney O '!'
• 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 1 ,
Aspen.
Kathryn . Koch, City Clerk Z =
MA20.07312 R
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SUL 23. 1992 4:11
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• Silvia Davis, Pitkin Cnty Clerk, Doc $I00
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CONDOMINNM DE CLARATION `:
i FO RS: # .
t •
t pITiZIN CENTER CONDOJMS
• (A Condominium) )
THIS DECLARATION is made and entered urutsaarti COLORADO a Colorado
MMON
Partnership, hereinafter referred to as "Declarant", p
> ST OWN ACT. =: ,�
! , • t.
.
WITNE
WHEREAS. the Declarants the Owne of certain real property ( "Real Estate ") situate 1.
in the City of Aspen, County of Pitkin, State of Colorado, described as follows: ? ,,
i • Lots 2 and 3 Pitkin Center Subdivision (a lot split), as shown on the Plat thereof
recorded in Plat Book 14 at Page 36 in the office of the Clerk and Recorder of Pitkin 4
County, Colorado
• N City of Aspen;
t Estate with a
WHEREAS, the Declarant has impr the above-described as Real "Pitkin Center
condominium property in the form of a building to be known
Condominiums" which shall be a s d d and third floor[ containing office, mmercial, and
project
f, floor level containing retail space, of a single condominium
residential space, all of which units will be treated as integral parts
ownership project; and
i '
v WHEREAS, the Declarant *desires to establish certain rights and easements in, of said real /�
y upon sa real property for the benefit of itself and all future Owners of any part the
' property, and any air space Unit eof ar therein contained, all air Provide urns; the
i harmonious, beneficial, and proper use and conduct of the property pa
WHEREAS, the Declaraidesires and intends that the several Unit owners, mortgagees,
t and trust deed holders, in the property shall at all tunes enjoy the benefits of, and shall hold
their interest subject to the rights, easements, privileges, restrictions, and obligations hereinafter
i set forth, all of which are declared to be in furtherance and of attractiveness ess the property.
ffthe pose
w. 1 • of enhancing and perfecting the value, desirab ty,
t .
T HFAEFORE, 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
T 1 • hereby publish and declare that the following terms, covenants, conditions, easements,
• restrictions, uses, limitations, and obligations shall be deemed to run with the and above
described, and shall be a burden and a benefit to Declarant, 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'
t
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JUL 23 1998 1:11PM .GRRFIELD & HECHT NO 45. P 11
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Silvia Davis, Pitkin Cnty Clerk, Doc S.00 t;a
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1. Unless the context clearly. a different mean therefor. t
( "Declaration' means this instru by which the Pit Center condominium t • ti '
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. k i.'' r
ics ,t
(b) 'Unit" me: ^.` a physical portion of the common interest hich rest community 'r °' '. •
is designated for separate ownership or occupancy and the boundaries of which are one of the individual air space units, y,
described or determined from the Declaration, being walls' or accessed
consisting of an enclosed room (or rooms to be enclosed by "per ;
•
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, 'T
floors, ceilings, windows and doors 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. Pasch Unit includes its respective
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,
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as set forth in Exhibit "A" as set forth in Exhibit "A" and any Limited Common w
Elements made appurtenant to such Unit. Said Units may be used and occupied
lawful purpose, subject, to use and occupancy restrictions contained in Paragraph 12
1 .
hereof. The number of Units in the condominium project is fifteen (15). Declarant the Owners of
'
reserves no
3A an rights b
8 create further Limited Common Elements pu rsuant to
uan t Paragraph 32
hereof.
(c) "Owner' means any person, firm, corporation, partnership, association, or
other legal entity, or any combination thereof, at any time owning a fee interest in a
Unit; the term "Owner' shall not refer to any Mortgagee or Trust Deed beneficiary as
herein defined, unless such Mortgagee or Trust Deed beneficiary has acquired legal and
beneficial title pursuant to foreclosure or any proceeding in lieu of foreclosure or
Call
I otherwise.
- (d) "Mortgage` means any mortgage, deed of mist, or other security instrument
t by which a Unit or any part thereof is encumbered.
a (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.
I
} (f) Occupant " means any person' persons, including the Owner, in possession
1 of a Unit. . ,
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#S47654 OS/12/92 1 34:47 Rec $145.00 BK 685 PS 963 t
Silvia Davis, Pitkin Cnty Clerk, Doc 5.00 `y'",,
(g) "Entire Premises' or .,,'
r } Property' or 'Condominium Project meats the
hertinabove described real property^ all improvements and structures constructed thereon `
rights, or contained therein, and all easements, rig, and appurtenances belonging thereto, and meet of the Unit ; ,.,
all futures and property intended for the mutual use, benefit, or enjoy .
Owners, which are subject to reservations and exceptions as contained in the Deed .
recorded in Book 59 at Page 56, intBook 59 157, and
of d Book 157 at
recorded Page 21 212, • •
m Book 553 a
in the Plat recorded in Plat Book114 at page 36, St Page ec , all as 11
Book 440 at Page 863, and in Agreement recorded i Ca Page There sac 4 "
• shown in the office of the Clerk an d Record Condominium u Project.
no recorded easements or licenses affecting 1'V' (h) "Building' means the four level building, including the su grade . , and s _ , •
any other building improvements comprising a part of the Property
Units. .. • `-
_
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(i) "Common Elements" ,tisometimes referred to herein :as "General Common '
e.
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:
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(i) The foundations, columns, gir beams, supports, train perimeter • F ,
and supporting walls, roofs, and those entrances, stairs, stairways, th sa
landings, access corridors, fire escapes and halls necessary
maintenance, or common .use or access; 1
(u) The exterior walkways, rior loading, storage, w and yard garden areas 1
(iii) Any installations consisting of equipment and materials making up
tanks,
any power, light, gas, electrical, air handling or conditioning, g, heat heating sing the
motors, ducts, vents, chafes, compressors and similar apparel po
central utility systems;
3
(iv) In g
eneral, all other apparatus and installatiOns existing for common ' V
use; ,
(v ) All pipes, •
wires ducts, flues, chutes, conduits, public utility lines (to a the outlets) and structural components including beams ind sheer walls running
through a Unit or serving; or extending into, the General ten ceiling Elements, or
any part thereof; and spaces designated on the Map
each floor or level and„Zloor surfaces on the next higher floor or level, and
similarly designated vertical spaces within the main walls of the u °din and lwall nits '
•
interspaces within walls It proposed walls shown on the Map tigmmon
' expressly so design�or other spaces within the building are General
i. Elements for the exclu u e purpose of installation, use, repair, maintenance of,
electrical, plumbing, sprinkling, telephone,
or connection to echaaical, t.,,u
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JUL 2;3: 199 1: 13PN GRRFIELD & HE('HT NO 456 P 13. w [ " y+ ' r°
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4347654 08/12/92 14:47 Rea 5145.00 BK 685 PG 964
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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telegraph, wiring, and similar apparatus as may be reasonably required either for .
s+
the convenient use and occupation of the common elements, insofar as the same k c i
may be accomplished without damage to or unauthorized encroachment upon the
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. f
t (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)
I 1
of the Colorado Common Interest Ownership Act for the exclusive use of one or more
Units but fewer than all of the Units and 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
i the Map. 'k.
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t (It) "Association" means a Unit Owner's association, its successors and assigns, v
or under Section 38 -33.3 -301 of the Colorado Common Interest Ownership
Act, ` as a non -profit Colorado corporation, its successors and assigns, the Certificate of
lncorp;aation and Bylaws of which shall govern the administration of this Property.
c .
(I) "Board" means the Board of Directors of the Association.
i (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
t numbers identifying the Units, together with such other information as may be included
supplements
I thereon in the discretion of the Declarant. The Map, and any necessary t.
, thereto, shall be filed for record in the Pit'.dn 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.
2.
i - rn o ndomi ium Units. The real Property hereinabove
described is hereby divided into the following fee simple estates: separately designated
condominium Units situated on each floor arid the undivided interest in and to the General
Common Elements appurtenant to each such Unit, as set forth in Exhibit "A" attached hereto.
. ` 3, Combin do ts• Declarant 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
space of all or a portion of one or more adj
I oining Units, and the aggregate of the undivided tk t.
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JUL.23.199S 1 :13PM GARFIELD & HEC NO 4 50 P 14
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#347654 08/12/92 14:47 Rec 1145.00 BK 633 PO 963} ;
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
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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 gt not ght
. to construct any Limited Common Elements shown on the Map as approved
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 ,r ny ,
expenses of combining or separating any adjoining Units shall be borne only by the Owners of ' , .., ,
said Units and such construction work shall be accomplished in compliance with the provisions : 1 .
of Subparagraphs (j) and (k) of Paragraph 12 hereof provided. �:•� -.;
1' env
4. J.imited Common Elements. 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, employees, members, guests,
.!.
i 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
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• t as provides' in Paragraph 3 hereof
S. jnst'parability of a Ctrndominiutit��P P '
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 Exhibit 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 combination 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 Elements
1 appurtenant 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. ;CL'A.
I 6.. Nnn- partitionahility of General Common Elements. The General Common Elements
shall be owned in common by all of Owners of the Units and shall remain undivided, and
no Owner Wray bring any action for tion or division of the General Common Elements.
y 7. pescr of Condo»lrrum Unit. Every ded, lease, mortgage, trust deed, will,
or other instrument purporting to convey an interest therein may legally desen'be a Unit by its
identifying Unit number and symbol,.followed by the words "Pitkin Center CoQ,dominiums" with
further reference to the Map thereof filed for record and the recorded h Decl . to Every convey, ssuch
description shall be deemed good anddsufficient for all purposes,
transfer, encumber, or otherwise afft not only the Unit but also the General,Common Elements
•
appurtenant thereto. Each such description shaU construed to include, subject to all of the It
terms and provisions of this Declaration, a non - exclusive easement for ing "re's s and egress and y
t use of the General Common Elements. I: s"
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23.1998 1:14PM GPRFIELD & HECHT N0.459 P. 15 • r . ttf ' � ` i �t�Li L ^'� -el 5 � fi 7 . % . r r ( l : � , y am . � .. . JUL . '. �k Z' 'S ' i - 1 si
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#347654 08/12/92 14$47 6ec 1145.00 BK PG 966 .' ;�.iio
Silvia Davis, Pitkin Cnty Clerk, Doc _
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(a) In the event that by reason of the construction, reconstruction, set wall e doorr , c'1
• shifting of the building, or the design or construction of any Unit, proposed
or a p e r t u r e and an y part of the G e n e r a l Common Mettents
wall c door, or aperture eaaftteerr
encroach upon any part of any such Unit, proposed er or npon any put ' ` � t;
installed, or any part of any thereo encroaches or shall hereafter
of the General Common Elments� or any portion thereof encroaches upon any Pert of :,':5;: .. any other Unit, valid easements for such encroachment and the maintenance thereof are i;` '.;
hereby established and shall t ist for the benefit of such Unit, wall, door, or apertur ` ;1
and the General Common Elements so encroaching so long as all or any part
building shall remain stand4g; provided, however, that in no event shall a valid
door, a t for a any
or in favor encroachment
Owners of a the General Common El Elements if such P -
door, aperture
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 rt
+�
either on the General Comm�on Elements or the Units. +;;
(b) Easements are hereby declared and granted fat udlity urpo , in t he
, right to install, lay, maintain, repast, and replace water at pipes
I mains, television cables andjantennae, telephone wires and equipment, and electrical
•
conduits, wires, and similar equipment over, under, along, and on any part of the
• General Common Elements.
(c) All easements an ri g or described herein are easements appurtenant to and
l running with the land, and shall inure to' the benefit f an d be binding a nd other on
un its successors and assigns, and any Owner, pure person having an interest in'satd3and, or or any part po rtion thereof.
. mo a (d) Reference in the respecti ve deeds of conveyance or in any rtgag or trust deed or other evidence of'robiigation to the easements and rights described to the
' Declaration shall be sufficient t td and o su h panes as fully and completely as
respective grantees, mortgagees;
though such easements and nghts were recited fully and set forth in their entirety in such
14
documents; provided, however,
that each such deed, mortgage, trust deed, or other
d evidence of obligation shank deemed to create and reserve such easements and rights
as aforesaid notwithstanding; the absence, therein of any references thereto.
9.li,c
Declarant shall give written
notice r th Assessor of d t by County, Colorado, ohh thede of the Units, o that each Unit
an the the undivided as is e d inte s
st in th by l e w n General setting appurtenant thereto shall be
.; and the undie interest e eneral Common Elements app
of
separately assessed thereafter for all taxes, assessments and other arge or ops t of
j Colorado or of any political subdivision or of any special improvements le
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4 TH 23. 1958 1 15PM. x.. ; 6RRFTCLD & HECH J , , E lf. N0.450 P •
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2347654 02/12/92 14:47 Rec 5145.00 SK 685 PG 96
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Silvia Davis, Pitkin Cnty•Clerk, Doc 2.00 !i i`
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taxing or assessing authority. In the ey nt that for any period of time, any taxes, assessments,
or other charges of any taxing or assessing authority are not separately assessed to each Unit Owner, but are assessed on the Property as a whole, then each Unit Owner of ow a
proportionate share thereof in accordance with that Owners respec percentage
interest as set forth in Exhibit 'A" hereto,
10. Titk• A Unit may be hel and �owned by more than one person as joint tenants or f
as tenantsin- common, or in any real property tenancy relationship or ownership form allowed '
under the laws of the State of Colorado, . +. .max
$ ret
11,
''Each Owner shall to entitled to exclusive i
S•
ownership and possession of that pw�ner'siUnit. Each Owner may use the General Common �. . •
Elements subject to the terms and pro'lstons of this Declaration the lawns with
is of the purpose e
fr which they are intended, without hindering or encroaching upon
Owners,
12. Use andS/c panSY• I I t i fr5
(a) Each Unit may � used and occupied for such profess and office, f
business, or service purpose oipu$p as may be lawful and allowable under applicable
I laws, ordinances, or the rules any lawful public authority including �t ions imposed
up 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, orul City upon lawful publ authority including conditions impo aw poi project by
Aspen at the time of govemmental,approval thereof. 1
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(b) No 'For Sale" or "For Rent' signs, advertising, or other displays shall be
maintained or permitted on any pait of the Property except at such location and in such
form as shall be approved in writing by the Board.
(c) Each business establishment operated in a Unit or any part thereof shalt be
entitled to place one (1) sign of reasonable size and itt a dignified manner containing the
business name of such establishment upon the entrance door of such establishment, e or
at such other place as shall be permitted by the Board. Additional sign may placed
only as permitted by the Board, which permission may be granted or withheld in the sole
discretion of the Board, subject to Codeuirements of the City of Aspen.
(d) There shall be no obstruction of the General Common Elements nor shall
anything be stored in the General Elements without the prior written consent
vided. For purposes of maintenance, repair,
alteration,
the ionteration, a, a except ds nd remodelin n g, herein O ner of a Unit shall b mimed to own the interior non -
supporting walls and the materials ,thereiri (such as but not limited to plaster, drywall,
paneling, wallpaper, paint, wall, and floor coverings).
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JUL 22. 1999 1 :15PM GARrTrLD S. HECHT —
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#347654 08/12/92 14147 Rec $145.00. 685 PG 968
Silvia Davis, Pitkin Cnty Clerk, D00 5.00 '•
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(e) Each Unit Owner shall be obligated to ma and keep that Owner's own / r.
1 Unit, its windows and doors, including exterior and interior surfaces thereof in good, a c . '
clean order and repair. f-
(f) Nothing shall be done or kept ii any Unit or in or upon the General Common . .. ; ? }
Elements which will increase the late of insurance on the building, or contents thereof, , :' }
anything
without the prior written consent of the Board. No Owner shall permr t yth . g to be ... .
done or kept in that Owner's Unit or in or upon the General Common Elements which • ,.n:.ii
will result in the cancellation of or increase premiums of insurance on the building, or
ste shall be
:.• �?Yi
contents thereof, or which would be in violation of any taw. No waste ,
comm anywhere in the building,
(g) Owners shall not cause or permit anything to be hung or displayed on the i..
outside of windows or placed on the outside walls of the building and no sign or #; .
lettering, awning, canopy, orjradio or television antenna shall be affixed to or placed
upon the windows, exterior walls, or roof or any part thereof, without the prior written 14
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consent of the Board.
(h) No livestock, or twl of any kind shall be raised, bred, or regularly kept in •
any Unit or in the General Co Elements. No loud music or noise, that might tend
to annoy or disturb other Vint Owners shall be permitted. No live music shall be
permitted, unless the Board, by rule or regulations, provides otherwise.
i ti
(i) No noxious or offensive activity shall be carried on m any Unit, in the
General Common Elements, or anywhere, on the Property, nor shall anything be done
therein or thereon, either wtllt lly or negligently, which may be or become an annoyance •
or nuisance to the other Own or occupants.
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(j) Nothing shall be done in any Unit or in, or to the General Common Elements . V I
which will impair the structural integrity of the building or which would structurally
altered ;A
change the building, except L otherwise provided herein, nor shall anything s otherwise
or constructed in or removed from the Getcra. Corn. m_n E . except
{ herein provided or otherwi 4 permitted in writing by the Board.
(k) The Owner of axi� Unit shall be permitted to construct, improve, change, or
alter such Unit (and any por 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 that
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(i) The structural integrity of the building will not thereby be impaired; � :,� i
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(ii) The common assessments payable by the other Unit Owners
hereunder are not increased directly or indirectly as the result of such l ,
construction, improvement, change, or alteradon;Ft
,a JUL 23.1953 1 :16PM GRRr & HECHT NO�4 P 18
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4347654 OB/ i2 /Pitkin4Cnty: PG 969
Silvia Davis, .,
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(iii) Such work will be done at the sole cost and expense of the Owner / /
or Owners bertefitted and in full compliance with all applicable laws, in the event and regulations and the provisions of the Declaration; provided ; . ,.z
of a dispute with regard thereto, such work shall e done by (vi Ass iati co r c
the costs thereof specially assessed in an equitable n =-
benefits bestowed) to the Units benefitting therefrom;
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(iv) The boundaries of such Unit, as shown on the Condominium Map, ''
be changtd or alte ,red; and ,. , ,�a :;
will not thereby . Vii,
(v) Such Owner shall indemnify all other Owners of Units from any and
all claims, liens, liabilities, suits, or demands whatsoever relating to or out >2
of such work except insofar as any :claim is waived and released as provided in
Subparagraph (n) of this Paragraph 12.
(1) No clothes, sheets, blankets, ,laundry of any kind, or other articles of
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merchandise shall be hung out or exposed on any part of the General Common Elements. t
The Common Elements shall be kept free and clear of rubbish, debris, and other i e
unsightly materials.
(m) or sporting e4 be u ment, lounging
ethered dogs or or other personal property on
chairs, skis or po g P
a any part of the General Common Elements.
? (n) Each Owner hereby waives and releases any and all claims which that Owner
, may have against any other Owner, the Association, the officers, and members of of
Board, the Declarant and their respective officers, employees, and agents, without
i Subparagraph of P ara
General C o generality of Subp U p ( Paragraph 14 below, for damages to the
personal locate in the Units i
General Common Elements, the Units, or to any pe property which is fully ll
, or General Common Elements, caused by fire or other form of casualty 1
covered by insurance.
1 (o) If, due
to act or neglect of an Owner, or of a member of an o�etoz
1 family or of a guest, tenant, licensee or invitee, or other authorized occupant
a of such Owner, vantage shall be caused to the General Common Elements or Un t
or Units uip a t, apes, ducts, uire, h including but not limited equ pment, or maintenance, reps
heating equipment, shall pipes, q which or replacements shall be required which would othemise be at thews and expense, then
P
such Owner shall pay for the Board to the extents at covered by insurance. Neither the
as may be determined by t nor any di went regarding the extent "
failure of the Board to require such payment, Y sagnte to
of
clai mt required of action g the Board's members y shall provided • .
• any claim or cause of action against th e,. �,
that nothing contained in this subparagraph shall prohibit a Unit Owner from exercising
1 iii
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Silvia Davis, Pitki�n Doc $.00 CntY Clerk, `
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any rights or remedies provided by law as against any perso n causing any damage to his
Unit. - 0
(p) No Owner shall overload the electric wiring or unreasonably contribute to
such overload, or operate any machines, appliances, accessories, or equipment in such
mann °r as to cause,in the judgment of the Board a hazard to the safety of Owners and '
occupants of and invitees upon the P,roperty.. •.._•r,
13. =illation of Mechanic's j,jgp lights and Tndenmificatiof• Subsequent to the F, ; ,�
completion of the improvements described ,bn the Condominium Map, no labor performed or
i
materials furnished and incorporated it a Unit with the consent or at the request of the Unit +; ;,
Owner or such Owner's agent or such Owner's contractor or subcontractor shall be the basis for l',:
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 air! against all claims and liability arising from the A.
claim of any lien against thc Unit of any oth Owner or against the General Common Elements ,,
for construction performed or for labor; materials; services, or other products incorporated in t
that Owner's Unit at such. Owner's regtj`e,t or with such Owner's consent. 5 provisions herein
contained are subject to the rights of die Board as set forth in Paragraph "
P I s `
I . t dmininration nd M nage_men
: • 1
(a) The administration and management of the Property shall be governed by the
Associaion acting in accordance with the Articles of Incorporation and Bylaws of the `
Asrocixtion, subject to this Decla non. Each Unit Owner shall be a member of such
Association, which membership�shall terminate upon the sale or tither disposition by such •
member of the fee in:erest•in that member's Unit, at which time the new Unit Owner ;
shall automatically become a memb } er hereof,
(b) Any terms or provisions of the Bylaws which may be inconsiy..'tent with this
Declaration shall be null and void and of no effect.
nsent of the provisions ord and the Paragraph 14(b) cannot be amended except by unanimous consent
Unit Owners.
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(c) The Association shall,be governed by the Executive Board, tion acting
•
referred to as the "Board', which shall be provided for in the Bylaws of the Association.
The Association shall have the power to engage services a f Win, firm t or
agent, herein referred to as the "Managing Agent," Y any person,
corporation selected by the Board upon such terms and compensation a the Board
de deems l
fit and to delegate to such manager' or managing agent any of routine •
decisions, :`
,. •
(d) The Board shall always consist of three (3) per sons one of whom must be } �' •
elected by the Owner of Units 3A and 3B, ,regardless of any provision to the contrary in �",
1 , 1 _,
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OB/12/92•.14:47 Rec $145.00 BK 685 PG 97
X34765 Clerk, Doc $.00 ; : j 1,
Pitkin . . 1 y_7'
Silvia Davis, Pit kin �.,;•
: ..
the Articles of Incorporation or Bylaws of the Association. Should the Owners of Units �'�'` ,
as to the election of the one (1) Board ) ,_�.
z 3A and 3B collectively fail or refs e W agree -:
' member who they are entitled to elect, then said Owners of Units 3A and 3B shall waive ;.,-
any right to elect a member to the Board until such time as they are of the o so agre the '''';' ,
in the interim the vacancy on the Board shall be filled by a majority
Owners of Units other than 3A. mid 33.
4' ;. .
(e) 0 any Unit is owned by mote than one (1) person, the voting rights with t, .i
respect to such Unit shall ntitbe divided, but shall be exercised as if the Unit Owners
consisted of only one (1) person i accordance with the proxy or other designation
y.t. •
by the Owners constituting each U
The Board ma y , f fonit Owner. •.
(f) m dme to time, adopt or amend such reasonable rifles and •
regulations governing the operation, maintenance, beautification, and use of the General 'h,.'
Common Elements and the Units tnot inconsistent with the terms of this Declaration, as
it seems fit, and the Owners� conform to, and abide by, such reasonable roles and L „
regulations. Written notice of arch rules and regulations shall be given to all Owners.
A violation of such rules or$egulations shall be deemed a violation of the terms of this c•
Declaration. •
(g) The members of the Board and the officers and employees of the Association
shall not be liable to the O ttersifor any mistake of judgment, or any acts or omissions
i made in good faith as such . Board members, officers, or employees. The Owners shall
ns againu all contractual liability to
indemnify and hold harmless each of such pi on behalf of the Ow Ow ners unless any
others arising out of contracts made by such person to the a such contract shall have been made in bad faith or contrary
express provisions of
f l this Declaration. The liability of any Owner arising out of any contract made proportion of . ,ic
persons or as the result of the aforesaid indemnity shall b l ted to General ommo
the total liability thereunder; as that Owners percentage
Elements. Each agreemenfor';which indemnity is provided hereunder made by such •
persons shall have been executed by such persons expressly as agents for the Association_ `
t
The Owners shall •
'.� 15.- '1 \ -..�, V iU 11 - . 1.'_'. t. • ._l• 11 P i tiles
have the irrevocable right, to be 4terased by the Managing Agent or Board, to have access to
such reasonable hours for the
!
J i n ch Unit s as may be necessary from time to time e,•repa reconstruction, or rep
i tin maintenancerttpair, replacement of any of the General
inspection, em n g,
Common Elements therein -)r accessible therefrom, or at any time for making emergency repairs
it therein necessary to prevent damage to the General Common Elements or to another Unit or
Units, or to investigate any indicatioa.that such repai. may be necessary or desirable, or when
•
such access is reasonably calculated to protect the health, safety or property of any Owner or lt.
occupant. ty
-11-
i i
ri
JUL 23 1998 1 :18PM GRRF & HECHT , NO 45! P 21
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#347654 OS/12/92 14:47 Rec 5145.000 K PO 9 72 r'i,',a
Silvia Davis, Pitkin Cnty Clerk, D :
Datnages to the interior or any part of a Unit or Units resulting from the painting, •
mainterance, repair, emergency repair, reconsbuedon, or replacement of any of the General '; '
Common Elements or as a result of emergency repairs within another Unit at the instance of the E.g z •
Association shall be a common expense of all of the Owners, subject, however, to the provisions :. , : ,. •:.
of Subparagraph (o) of Paragraph 12.heteof, Restoration of the damaged improvements s� l is :
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
herein otherwise specifically provided, all maintenance, repairs, reconstruction, and replacements ,.V
as to the General Common Elements, whether located inside or outside of the Units, shall be the tt _ . ,; .
common expense of all of the Owners. .`', t t
16. fananteta. Each 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 s •
eated or reserved by this Declaration and the Articles of Incorporation and'Bylaws of the 8
• 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, •
J created, reserved, or declare, and all impositions and obligations hereby imposed be
deemed and taken to be covenants running with the land, and shall bind any person g
any time any interest or estate in said manner as though the provisions of this Declaration were
recited and stipulated at length in each and every deed of conveyance. .
.
17. ce• ,
' (a) The Board shall Obtain and m aintain at all ti the following insurance
coverage provided by companies duly authorized to do business in Colorado: •
; gi..
(i) Insurance for the Property against loss or damage by fire and such
, other hazards as are covered under standard extended coverage, vandalism, and
malicious mischief endorsements for the full insurable replacement cost of the
1 common elements and the Units and such other casualty insurance as the Board
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 annuaIly by the Board. The insurance shall be carried
in blanket policy form Laming the Association the insured, as attorney -in -fact for
each of the Owners in4the percentages established in Exhibit "A' hereto. Each /it
Owner, other than thepeclatant, shall notify the Managing Agent or the Board
• in writing of any additions, alterations, or improvements to that Owner's Unit and •
that Owner shall be rernsible for any deficiency in any insurance loss recovery
resulting from that Owner's failure so to notify the Managing Agent or the Board.
' The Board or the Managing Agent shall use reasonable efforts to obtain insurance C .
on any such additionstaltetations, or improvements if such Owner requests it to
•
I do so and if such Owner shall make arrangement satisfactory to the Managing �k.
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Agent or the Board for reimburaiment by such Owner for any additional : , , : •
• •
• premiums attributable thereto; and in the absence of insurance on such additions, 1.:
alterations, onimprovernents, the Board shall not be obligated to apply any
.. insurance proceeds to restart the affetted Unit to a condition better than the :::. 1
condition existing prior to the rrillring of such additions, alterations, or • - c IF ''-',.... ',...,,
improvements. All such policies of insurance shall insure additions, ttlterations,
CT improvements made by the Declarant. All such policies of insurance shall
contain standard mortgage clause endorsement in favor of the incotgagee or trust : t
f r , •11
0.
deed holder of each Unit and that such policy shall not be terminated, canceled, i • t' 1 : C ., 14 .7- :4: : 77 '.'?
• or substantially modified without-a:least twenty (20) days' prior written notim • 1:t,-...1
or such different time period as is customarily allowed in Colorado, to the
mortgagee of each Unit and to eachs.,70wner. All such policies of insurance shall ', .c.;41-'
provide that the instant waives its rights to subrogeriort under the policy against
any link Owner or member of thatUnit Owner's household.
- 1-.zeit
• •, i- Tom:,
• ,
0.. (a) Comprehensive public liability and property damage insurance in sueh f A 2 ,'3,' , ''
,
. ' limits as the Board shall deem desirable insuring the Assn:lesion, the members
of the Board, the Managing Agent, and their respective officers, agertts, and ■• .1. .
/ h• •
. employees, and the Owners from any liability in connection with any act or _
omission performed by any such person directly or indirectly pursuant to the ,
provisions of this Declaration.
,
(iii) Worker's compensation insurance and employr's liability insurance • . :•‘• ,
as may be nreet ry to comply with applicable laws, ano such other forms of t -
insurance as the Board shall elect to efft.
ec
) ' 1
• (iv) All insurance policies affecting the Condominium. Project shall
comply with the provisions of C.R.S. 38-33.3-313 as it may be amended from
• time to time. !
• 1,1 .
.
(b) Except as otherwise provided in this Declaration, premiums for all insurance i ‘9
obtained or maintained by thelkard shall be common expenses. • 4
-• r
' ' 1
(c) The Board may Out shall not be required to), in its sole discretion, secure t
insurance policies that will provide for one or more of the following: .. .
•
. •,•
(i) With tespect to the insurance provided for in (a)(n) of this 1
, \ I . •
subparagraph, for coverage ars liability claims of one insured against
• .1 another; r
, M (ii) With respect to the insurance provided for in (a)(i) of this
subparagraph, a waiver of subrogation by the insurer as to any claims against the 1
.•
Association, the Managing Agent, and their respective agents, officers,
• i . employees, licensees, and invitees; t i l•tt •
.4.
.. I
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#347654 06!12192 14c47 Rec Silvia Davis" Clerk, S145.00 SK S 6135 RO 974 ,
Pltkin Gnty M1: •
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(iii) With respect to the insurance prov for in (a)(1) of this
' subparagraph, that the policy, cannot be canceled, invalidated, or suspended on f
account of the conduct of aty one or more individual Owners, or on account of .
.. t h e conduct of any o f fi c e r employee of the Association without, in the Lamer
case, o r demand in writ that the Association cure the defect; c: -ty -
.::2 sec
. (iv) With respect to the insurance provided for in (a)(i) of this *•.; 1 : 1
subparagraph, that the insurer shall not have the option to restore the premises, : i`
if the Property is sold as provided m Paragraph 23 hereof; • • .
-t (v) With respect to the insurance provided for in (a)(i) of this .
subparagraph, that any "no other insurance' clause in such fm policy exclude policies
and
of insurance maintained by,any Owner or his mortgagee ,-
that no such insurance policy coverage under (a)(i) of this subparagraph be {
} brought into contribution with insurance purchased by Owner or his mortgagee. l :
own expense; provided
(d) Any Owner may obtain additional insurance at his op
that: K
• ( A copy of each .' policy (except fora policy with coverage only as
1 provided in (f) of this subparagraph) is furnished to the Board; and
. (ti) No such insurance may be maintained which would adversely affect
1 or invalidate any insurance (or any recovery thereunder) canied by the Board or • '
s decrease the amount which the Board would realize under any insurance policy "
the Board is maintaining; and
(s) Such insurance � policy shall contain a waiver of subrogation as to st
j claims against the A ssoc iati on, the Managing Agent, the Owners and their
! respective agents, officers;femployees, licensees, and invitees. :,
(e) The Board may.engage services of any ban or trust company authorized
, to do business in Colorado to ac, 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 iresulting from any loss, upon such terms as the Board s
shall determine consistent with th'e provisions of this Declaration. . In the event of any
loss resulting in the destruction of the major portion of one or more Units, the Board!
•
. ; shall engage an institutional tru 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 expenses.
(f) Insurance coverage on the furnishings and contents, insurance covering other
.' .
items of personal proptty within each individual Unit belonging to an Owner, and
t
• - 14 '
s
I
•
•
2
446 JUL 23 199^ 1:22PM ; GPRFTP"LD & HECHT NO 45: + >P 2 _ • ,1 , . -ham t j{ ' " � f j . . , V , 4 9' OW, i ' i ^
• #347654 OS/12/92 14:47 Rec #145.00 BK 685 PG 975
Silvia Davis, Pitkin Cnty Clerk, Doc S.0C
d } ,. �
casualty and public liability insurance coverage within each individual Unit shall be the �'•
j responsibility of the Owner thereof, f.: ;,,
18. Repairs, Maintenance, ReplAct Additions, Alterations, and Imprrnements of 1 .
1110 Common Tements• There shall be no alterations, additions to, or improvements on, the 1 ,∎
General Common Elements (other than for purposes of repairing, maintaining, replacing, or 1: -.. ; -z
restoring portions thereof) requiring an expenditure in excess of Five Thousand Dollars .-
(55,000.00) without the prior approval by affirmative vote of seventy-five percent (75%) of the 1. -,
Unit Owner interests as described in Exhibit "A'. There shall be no such required approval of
or limitation upon expenditures required for the repair, maintenance, and replacement of such "`'
General Common Elements. Notwithstanding the preceding, alterations, additions, or
. improvements to the General Common Elements in excess of Five Thousand Dollars (35,000.00)
can be made upon the affirmative of less than seventy-five percent (75 %) of the Unit Owners, •.
so long as those Unit Owners not affirmatively voting for the alteration, addition, or k
improvement do not pay a share thereof greater than what their share would have been if the
alteration, addition, or improvement cost only Five Thousand Dollars (55,000,00). ./
19. ,Assessment for Common Expenses.
(a) Declarant, for each Unit owned by it, and for and es the Owner of the
Property and every part thereof, hereby covenants, and each Owner of any Unit by
acceptance of a deed therefor, whether or not it be so expressed in the deed, shall be
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 Association pursuant to
vote of the Board for the purposes provided in this Declaration, and for special
assessments for capital improvements and other matters as provided in this Declaration.
Such assessments shall be fixed, established, and collected from time to time in the
manner provided in this Article, and by the Articles of Incorporation and Bylaws of the it
Association.
•-:.1 (b) The total assessments against all Units shall be assessed to the Unit Owners
according to each Unit Owner's percentage of ownership as set forth in Exhibit WA' and
- shall be based upon advance, estimates of cash requirements by the Association to provide
for the payment of all estmated expenses growing out of or connected with the •
maintenance and operation of the General Common Elements or furnishing such utility
services (as shall not be separately furnished and metered to the Units), which estimates
may include, among other•:things: taxes and special assessments, until the Units are
separately assessed as provided herein, premiums for all insurance which the Association
is required or permitted to ,maintain pursuant hereto, except such premiums as are paid
for by the Association fortwhich direct reimbursement is made by a Unit Owt.sr or P `
Owners; common lighting nand heating and common water charges; trash collection,
sewer service charges; repairs and maintenance; wages for Association employees; legal ....-
and accounting fees; any deficit remaining from a previous period; the creation of a .kyu
f reasonable contingency reserve, surplus, and /or sinking fund; and any other expenses and f.
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JUL .23.1998 1 :alPM GRRFTELD & HECHT NO 450 P.25 1 • . _ 1 r - , r' R t f �#\ ' p , 1�''• r te 1 - , .'
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• #347654 08/12/92 14:47 Rec 5145.00 BK 683 PG 976 ! ti��,�;
Silvia Davis, P itkin Cnty Clerk, Doc $.0 ,;>
s
li abilities 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 sh estimate the annual budget of I
common expenses (the 'annual budget') the total amount required for the cost including red during the
of wages, materials, insurance, services, and supplies which will be required
ensuing calendar year for the rendering of all services in connection with the General
ether with a reasonable amount considered by the Board to be �
•
Common Foments, tog and menu, and shall notify each Unit " ,;,.
necessary for reserve for contingencies " S.
Owner in writing as to the amount of such estimate with reasonablei �i Owner's f.
Said annual budget shall be assessed to the Unit Owners according
percentage of ownership as set forth in Exhibit 'A ". On or before the 1st day of March':,, t•
of each calendar year commencing 1993, the Board shall supply to all Unit Owners an t.
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 1 .
estimates provided and showing the net amount over or short of the actual expenditures. t
Any amount accumulated in excess of the amount required for actual expenses and l i {
1. !
reserves shall be credited according to each Owner's percentage of ownership !as % described in Exhibit 'A" to the next installments due from Owners under the current
year's estimate, until exhausted, and any net shortage shall be added according to each
• 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
e
for contingencies and replacements. Extraordinary expenditures not originally
in the annual budget which may become necessary during the year shall be charged first
i against such reserve. If said annual budget proves inadequate for any reason, including
1 non- payment of any Owner's regular or special assessment, the Board may at any time
pledge 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 a esesvment, 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
l such further assessment shall become effective with the next payment which is due more
i • than ten (10) days after the delivery of mailing of such notice of further assessment. All
Unit Owners shall be obligated to pay the adjusted quarterly amount, l'
`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 th�eer' s hrre9n
. obligation to pay the maintenance and other costs �d the co of ans a me n
provided, whenever the same shall be determined, the assessment
of a t payment
budget or adjusted budget, the Owners shall continue to pay
which is due more than ten (10) days after such new annual or adjusted budget shall have
' been mailed or delivered.
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#347654 0B/12/92 14 :4 ;:Rec $145.00 BY 685 PG 977 yi•
Silvia Davis, Pitkin`Cnty Clerk, Doc $.00 a;
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The Board or the Managing Agent acting for and on behalf of the Board shall *!'. t
�
•` `•
deliver copies of the budget, and , ac accurate books and records of receipt, expenditures, i
, ,4
assets, and liabilities of the Assooiition, and the obligations of each and all Owners ;
thereto, and the same shall be ope for inspection by any Owner or any representative ; K L ,
of an Owner duly authorized in wnbng, at such reasonable time or times during normal ; S _;
business hours as may be request by any Owner. All funds collected hereunder shall - : - : '
be held and expended solely for the purposes designated herein, and (except for such = ' .. " " °":
special assessments as may be levier,' hereunder against less than all the Unit Owners and '1
for such adjustments as may be req . �•:r> ,
aired to reflect delinquent or prepaid
shall be deemed to be held in trust for the benefit, use, and account of all the Owners
in the percentages set forth in Exhibit °A'.
P A`
(e) Until such time as the shall have provided its first annual budget, or 7-; _-, .
for such other period as the ; ^
determines, the Board shall have the right to assess S , ,
the common expenses, as hereinabove provided.
(f) The following expenses or charges incurred by the Board (and/or Unit
Owners) shall be specially assess?" to the individual Owner to which such expense or
charge is applicable (in addition x any other costs, charges, or expenses which by law
or the terms of this declaration are payable by an individual Owner):
SS
(1) The amount by which any premium for insurance maintained by the q
Board and/or Unit Owner 1s as a result of any business or other activity
or act of such Owner, or of any guest, invitee, licenser, or tenant of such Owner,
or the amount of any pre ruin on new insurance which is purchased by the Board
solely as a result of any business or other activity or act of such Owner, or of any
guest, invitee, licensee, 4tenant of such Owner. The written statement of the
insurance carrier to the effect that a specific rate or increase is attributable to such
business or other activity shall be- conclusive as to such increase and the amount
thereof. If such increased premium or new insurance premium is necessitated by
the usual and customary business activity carried on in accordance with the terms
of this Declaration in any Unit, then, upon the payment of such amount by the
Owner of such Unit, such Owner shall not be domed in violation of the terms
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
respect to a Unit under the terms of any agreement with such Managing Agent.
(iii) Any expense specifically attributable to a certain Unit or specifically
attributable to a certain Unit's use of the General Common Elements.
(g) In addition to the remedies or liens provided by law, or by this Declaration,
if an Owner is in default in the quarterly payment of any aforesaid charge or assessment 1'
'r1T
_17_ .-`,- •,
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s JUL 23.1996 1:22PM GARS <LD & HECH_T , NO 45: y P 27
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#347654 08/12/92 14:47 Re 5145.00 BK 685 PG 978
Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ,i
for twenty (20) days, the Board may bring suit for and on behalf of the Association and
as representative of all Owners, to enforce collection thereof or to foreclose The lien '" • �
therefor as provided by law or by this Declaration; and there shall be added to the #' ..`: , ; + with
amount due the collection costs of said suit, including l co costs, , to a eirhteen .
interest at the greater of the borrowing rate of the Association, .'i., • •
;.
r
percent (18%) per annum from the due date thereof, p lus a late charge of fifty dollars 1 ' •
($50.00) and reasonable attorneys' fees. No Owner may
yr eby bo nernon-use 9ese escape ......1.:.i.......
; ...
• liability for the assessments or. or. other charges p . ,. e
General Common Elements or any portion thereof or abandonment of that Owner's Unit. • r
(h) Assessments or other charges assessed against a Unit shall be the personal
and individual debt of the Owner or Owners thereof and such Owners shall be jointly and : t.
, •,
severally liable therefor,
- j..
20. • .1 • t. • , -'r m 1 • i it • a .,• �', ..-2,- ..-2,- ,, el 1 Ike 1 • .:.f . A ll sums
Able to any Unit and all sums
assessed but unpaid for the share of common expenses chargeable all other sums due to specially assessed hereunder to any Unit, but unpaid, and any
Association and unpaid by a Unit Owner under the terms of this Declaration ,shall constitute a 1
lien on such Unit superior to all other liens and encumbrances, except only
(a) Tax and special assessment liens on the Unit in favor of any lawful
governmental assessing authority; and
(b) All sums unpaid on any first mortgage or first deed of trust of record in `
kin Pit encumbrances Colorado, including
ptf or anatunpaid gto t he co to assessments
to such a periodic c budget get a ted b the Association pursuant to the Colorado Common
based on a pars budget adop Y
Interest Ownership Act and which would have became due in the absence of acceleration,
e
during the six (6) months immediately preceding institution of action to o rce th e
lien, but in no event shall such priority for the six -month (6) period exceed
fifty percent (150%) of the average monthly assessment during the ii�
ttmediately preceding
fiscal year muldplied by six, and except for attorneys' fees and costs incurred in an
action to enforce the lien. All other or junior lienors acquiring liens on any Unit after
that . lb
this Declaration shall have been recorded in said records shall be herein, whethat
such liens shall be inferior to future liens for assessments, as provided such lens•
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 the Colorado Common Interest t terest Own rship Act.
may P Howe epare ver,
to evidence such lien, the Board or Managing 8-
a written notice setting forth the amount of such unpaid indebtedness, the general ththe ature
of the i the name of the Owner of the Unit, and a description of
Such a notice shall be signed by a member of the Board or by the Managing Agent at the h. 1
Board's direction and may be recorded in the real property records in the office of the 1
18 ' i
1 . ``; •
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#347654 08/12/92 14:47 Rec 5145.00 BK 685 PG 979 ; �"f• , -;
Silvia Davis, Pitkin Cnty Clerk, Doc 5.00 ri.
Clerk and Recorder of Pitkin County, Colorado. Such lien shall attach from the date of .. ,
. the failure of payment. Such lien May be enforced by foreclosure of the defaulting
Owner's Unit by the Association in lilt manner as a mortgage or deed of trust on real r J
property upon the recording of a notice or claim thereof. In any such foreclosure ;..c.,-
proceedings, the Owner shall be required to pay the costs and expense of such r',..':-;
proceedings, the costs and expenses of filing the notice or claim of lien and all r; :. a
reasonable attorneys' fees and court costs. The Owner shall also be required to pay to :, . F'
the Association the quarterly assessment ' s) for the Unit duting the period of foreclosure, i r
and the Association shall be entitled to a receiver to collect the same. The Association : i
shall have the power to participate as a bidder at such foreclosure or other legal sale and . ',ltf
to acquire and hold, lease, mortgage, and convey the same, or otherwise deal therewith.
Any encumbrancer holding a lien on a Unit ma y pay, but shall not be required IE.
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 rank as the lien which that encumbrancer d •
would have had but for such Association lien for unpaid common expenses and Sr
assessments, F •
•
to any encumbrancer of a Unit any unpaid e
The Association shall report
assessments remaining unpaid for longer than rutty ( 60 ) days after the same shall have
become due; provided, however, that such encumbrancer first shall have furnished to the
I Association written notice of such encumbrance, a current address for the delivery by
triad 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 N
1 Association may proceed to exercise any remedies available to it to collect such unpaid
and delinquent assessments.
I . ,g.
All sums assessed for common expenses which retrain unpaid for thirty (30) days
from and after the due date thereof shall bear interest at the greater of the borrowing sate
of the Association, or at theiate of eighteen percent (18%) per annum from and after
1 such due date.
a 21. Liability for Common Expense and Other Charges Upon Transfer of a Unit is Joint.
Upon the written request of any Owen or any encumbrancer or prospective encumbrancer of
a Unit, or their respective designees, the Association, by its Managing Agent, or if there is
none, then by the financial officer of Association, shall issue a written statement setting forth
the amount of the unpaid special assessments and common expenses, and other charges due
hereunder, if any, with respect to* the subject Unit, the amount of the current quarterly -
assessments and the date that such riaessments becotne 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 I , r , ,.
i -19- :.
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• #347654 08/12/92 14:47 Rec $145.00 BK 685 PG 980
Silvia Davis, Pitkin Cnty Clerk, Doc $.00 r,.
1 l.
and other charges due hereunder which become due prior to the date of malting such request c
shall be subordinate to the lien, if any, of the person or entity requesting such statement. t .
I. . , t
The grantee of a Unit shall be jointly and severally liable with the grantor f un for
expenses and t I -,
assessments against the latter for that Unit's proportionate s common l .t
for the special assessments and other charges due hereunder up to the time of the grant or I r
conveyance, without prejudice to the grantee's right to recover from the grantor the amounts
upon payment of a reasonable fee not to
paid by the grantee therefor, provided, however, that u pay � •�.
exceed seventy-five dollars (575.1)0), and upon written request, any such prospective grantee
shall be entitled to a statement from the Managing Agent, or if there is none, then by the
financial officer of the Association setting
forth the amount of the unpaid quarterly and special t4•
assessments, and any other charges due hereunder, if any, with respect to the subject Unit, the e
amount of the current quarterly assessment, the date that such assessment becomes due, and
credits for any advance payments, which statement shall be conclusive upon the Association. L ,
Unless such request for such a statement shall be complied with within ten (10) days after receipt
of such request, then such requesting grantee shall not be liable for, nor shall the Unit conveyed 5 •
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. Nlortgaeina a Condominium Unit - Priority Any Owner shall have the right from `
time to time to mortgage or encumber that Owner's interest by decd of trust, mortgage, or other
security instrument, A first mortgage or deed of mist shall be oc-' which has first and
paramount priority under applicable law. The Owner of a Unit may create junior encumbrances
•
on the following conditions: (1) that any such junior encumbrartee 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 of
Incorporation, and the Bylaws of the Association; (2) that the mortgagee under any junior
mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged
premises, all of that mortgagee's right, title, and interest in and to the proceeds under all
insurance 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
junior mortgagee upon written request of one or more of the members of the Board.
23. Association el Attorney -in -Fact. Danker. Destruction Obsolescence. and Sale.
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 appointment of the attorney -in- fact L.
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 Property t.
. upon its destruction or obsolescence as is hereinafter provided. As attorney-in-fact, the ..o.
:1'
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JUL 23 1 25PM GAR< <LD & HECHT NO 450 30 ^
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#347654 08/12/92 14147 Rec. 1145.00 BK 6B5 PG 9 „ 1 !I;•j'o I
Silvia Davis, Pitkin Cnty Clerk, Doc 6.00
Association, by its president and secretary, s have full and complete authorisation,
light, and ;
contract, deed, or any other instrument with respect ta:
power to make, execute, and deliver any to exercise the powers L • ,
, w the interest of an Owner which may be np'p«TY and appropriate
vemertts as used in the succeeding 1
herein panted. Repair and reconstruction he wan of the impro
hs means restoring the same to substantially the same condition in which it existed
subparagraphs and Limited Common Elements having i _.,...,.,41.2. sub
prior to the damage, with each Unit and the General `improvements' I :?,:::.14--It ;,, •'
v ertical and any t •, ::. , ,;
substantially the same horizontal boundaries as before The term `impro s rt of the Yropetty', or any portion thereof, including t _, :� ..:^r
means any improvements proceeds of forming p' le to the Assocation for the ;`�:. :
Unit. The proceeds of any Insurance collected shall be available "; ,: >
restoration, or replacements unless the Owners and all first mortgagees agree i. . .
purpose of repair, with the provisions set forth hereinafter. ` '-
not o rebuild in accordance P
(a) In the event of damage or destruction due to fire or other disaster, the 'I`�
if sufficient to reconstruct the improvements, shall be applied by the
As proceed s , cments shall be
Association, as attorney-in-fact, to such reconstruction, and the
full authority, right, '
promptly repaired and reconstructed. The Association shall
and power, as attorney -ir -fact, to cause the repair and restoration of the improvements. i
s are insufficient to repair and reconstruct the
(b) If the insurance anye reason such s not payable, and if such damage +>
improvements, a if for any reawn such proceed are 50% of the square foot area of the
substantially affects not more than fifty percent ( ) repaired and reconstructed a by the
building, such damage destruction - the p��s of insurance, if any, and the proceeds
Assoc iation, as attorney -in -fact, using the
of an assessment to be made against all of the Owners and their Units. Such
to ency rata
' assessment shall be designated a special assessment and made pro
Owner's percentage interest as described in Exhibit `
'A` and shall be due and payable
within sixty (60) days after written notice thereof. The Association shall have
of full
•
right, and power, as attorney in fact, to cause the repaz
ck ...
improvements e n t t, the
improvements using all of the insurance proceed s 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 each Owner's Unit acid may be enforced and 1.
collected as is provided in Paragraph 20. In addition thereto, the Association, as
1 attorney-in -fact, shall have the absoiute right and power to sell the Unit of any Owner
refusing or failing to pay such deficiency assessment within the time provided, and if not
so paid, the Association by an4 through its Board shall cause to be recorded a written ' •
statement that the Unit of the delinquent Owner shall be sold by the Association, The
pmceeds derived of
such Unit shall be ugx1 and following order, subject to C.R.S. 3&33 3y2 Be
i Associ as attorney-in-fact:, .
as it may be amended from time to tithe:
assessment liens in favor of any
(i) F or payment of taxes and special I
assessing entity and customary expenses of sale; t
•
(ii) For payment of the balance o the lien of any first mortgage; f It-
Pit 1
(
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JUL 2 °.199 1 26P i ,. GRRF?ELD & HECHT r ••; NO 45. ^ �P 31 t
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#347654 08/12/92 14:47 Roc Clerk, 0 BK 5.00 PS 982
Silvia Davis, Pitkin Cnty Clerk Doc s, 00 ,,
S'.
payment of unpaid charges including at orneys' f ees a nd costs of ' x
o ni) For here expense, including all sums due under the h
collection due hereunder and common ertpe 1.: ,�; ; . ,
• • terms of tins Paragraph 23; i ^ .
(lv) For payment of junior liens and encumbrances in the order of and to
the extent of the priority, and • I •s.,,,. • .
shall be paid W the Unit Owner whose ; l
(v) The balance remaining, if any,
Unit is sold.
percent (50%) of the square foot arre• of the building is
des If more than fifty pe £ � e
destroyed or substantially damaged. The Unit Owners may terminate �.
, Common Interest Ownership Community in the manner provided by the Colorado
Common Interest Ownership Act In to case, the Association shall forthwith
and upon the recording of such • record a notice setting forth such fact or faces,
notice by the Association's president and secretary fact for all of the Owners, i
project shall be sold by the Association, as attorney R
free and dear o f the provisions contained in this Declaration, the Condominium
Map, the C.atlficate of incorporation, and the Bylaws. The insurance settle halt
proceeds, if any, shall be collected by the Association, and such proceed
ll
be divided by the Association according to each Owner'isl percentage
be paid $a i nterest as
nto separate
d a Exhibit "Al and such divided of f S Units. Each such a entire condominium
the
,
� ea e a ccount representing cis
shall be be in the name o th
e of the Association and shall be fug s shall be
designation and the name of the Owner. Thereafter, h c ived from the sale
supplemented by the apportioned amount of the proceeds dupo
of the entire Property. Such apportionment shall be based upon each Unit '
I ita
Owner's percentage interest as described in Exhibit 'A'. From each separate
account, the Association, as attorney-in-fact, shall forthwith use and disburse the
1111 total amount of each of such accounts, without contribution front one account to
a nother, for the same purposes and in the same order v moons e j in
h of this h. 'ihe pro
Subparagraphs subparagraph (h) Shall through (v) given to the first mortgagee or .
this subparagraph Shall not hinder the protection gi
first deed of trust holder under a mortgaze or deed of trust endorsement_
u ) If the Owners representing an aggregate ownership interest of seventy -
1 .I five ( reconstruction, (1596) or more as described m Exhibit 'A” adopt a written plan for
first Pee mortgagees, which plan has the unanimous written approval or consent of all
first mes, then all of the Owners shall be bound by the terms and other
provisions of such plan. Any assessment made in connection with such plan shill
be designated a special assessment and shall be made pro rata according
Owners percentage interest and shall be due and payable as provided by the
1 .
terms of such plan, but not sooner than sixty (60) days after written demand
thereof. The Association shall have full authority, right, and power, as attorney- 'v
a.
j,
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.isJUL 23. 199. 1 26PM s GRRFTELD & HECHT k � . ♦ , y ' • NO 45 %, -P 3 u . t.
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#347654 08/12/92 14:47 Re: S145.00 K 685 PO 903
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Silvia Davis, Pitkin Cnty , . '."
in-fact, to cause the repair or restoration of the improvements using all of the � i
insurance proceeds, if any, for such purpose notwithstanding the failure of an ,
Owner to pay the assessment, The assessment provided for herein shall be a debt
ti-
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 right and power to sell the Unit of any ;, .. :.;„
Owner refusing or failing to pay such as
cPaament within tie time provided, and , '_ :'
if not so paid, the Association shall cause to be recorded a - notice that the Unit � r
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 t .
Subparagraphs (b)(i) through (v) of this paragraph.
(d) The Owners representing an aggregate ownership interest of eighty-five
percent (85%) or more as descr in Exhibit 'A' may agree that the Units are obsolete 3 -
! 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 ��� one common
,S •
is adopted, then the expense thereof shall be payable y all
expenses; provided, however, that as Owner not a party to (if not approving) such plan
for renewal and reconstruction may give written notice to the Association within thirty
(30) days from the adoption of such plan to cancel such plan. 0 such plan is not
canceled (by adoption of an appropriate resolution by the Board), then the Unit shall be
i purchased according to the following procedures. If such Owner and the Association can
timely agree on the fair market value thereof, then such sale shall be consummated within
• thirty (30) days after the expiration of forty -five (45) days from the adoption of the plan.
If the parties are unable to agree, the date when either party notifies the other that he,
III she, or it is unable to agree with the other shall be the 'commencing date' from which
to
all periods of time mentioned herein shall be measured. Within ten (10) 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
I member of the Appraisal Institute or similarly designated and qualified. If either party
fails to make such a timely nomination, the appraiser nominated sha , within five (5)
i days after such failure to the other party, appoint
another similarly designated appraiser. If the two appraisers designated by the parties,
1 or selected pursuant hereto in the event of the failure of one pany to nominate an
appraiser, are unable to agree as to the fair market value of the Unit, they shall the appoint
another appraiser to be umpire bc. een them, if they can agree on such person• y
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 a ..
is to be drawn by Iot 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
i following the appointment of the second appraiser. The decision of the appraisers as to i
t \''
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1t347654 05/12/92 14:47 Rec 3145.00 9K 685 PC 99
Pitkin Cnty Clerk, Doc S.00 is +'•
Silvia Davis, •.,,
'• ,
Z'ne fair market value, or in the case.of their disagree ment, then such decision of the
umpire, shall be final and binding. ,The expenses and foss of such appraisers shall be , •�.-
borne equally by the Association and, the Owner. The sale shall be consummated within' _.,
fifteen (15) days after the determination of the fair market value, and the Association, mil,, +`,
as attorney - in-fact, shall disburse such proceeds as is provided in Subparagraphs (b)(i)
through (v) of this paragraph. I:
1; ; ; A: - .. = .. !i
; " -i .. • .!
It 2 J
ate ownership interest of eighty-five t s:.
(e) The Owners representing an aggregate r +:'S�
P
t (85 %) or more as described m Exhibit "A' may agree that the Units are ; ., •
obsolete, that the common interest community be terminated, and Interest . ,.
• should be soldd by the Unit Owners terminate g
' Community in the manner provided by the Colorado Com Act. mon Interest Ownership
In t ance, the Association az+d� upon the recording of such statement by F
statement setting forth such ch fact t or facts,
the Association's president and secretary, the entire premises shall be sold by the
Association, as attorney -in -fact for all of the Owners, fres anda e the Cthe provisions
of
c ontained in this Declaration, the Condominium Map
Incorporation, and Bylaws. The sales proceeds shall be apportioned among the Owners a
on the basis of each Owner's percentage interest in the General Common Elements, and
such apportioned proceeds shall be paid into separate accounts, each such account
representing one Unit. Each such account shall be in the name of the Association, and
shall be further identified by the Unit designation and the name of the Owner. From
t each separate account, the Association, as attorney-in-fact, shall use and disburse the
total amount of each of such accounts without contribution from one account to another,
1 j for the same purposes and in the same order as is provided in Subparagraphs (b)(i)
through (v) of this paragraph.
y .. • • .' • , • itl.- n • . n u • . u . • • . I - 1 - The A sociatl0n may
Zee. 1 gm
acquire and hold for the use an benefit o all sale ore o otherwise, se and l benericialinterest
personal such Property shall and m proportion as their respective
in any sutll op be owned by the Owners in the same props � a transfer of a
• interests as described in Exhibit "A" and shall not be transferable excep t
i Unit. A transfer of a Unit shall transfer to the transferee ownership of the transferor's beneficial
interest in such Property without any reference thereto- Each Owner may use such Property in
accordance with the purpose for which it is intended, without hinderin; cr encroaching upon the •
Iawful rights of the other Owners. The transfer of title to a Unit under foreclosure shall entitle
• the successor in title to the beneficial interest in such Property associated with the foreclosed
Unit.
y 25.. . ___-- ,- O e r of Mailing Address. Each Owner shall register that Owner's 4
mailing address with the Association, and except for budget statements e shall and other routine
by either lti
e notices,
d all other notices or demands intended to be served addressed sent
the name er ,
d registered or certified mail, Postage prepaid, return receipt requested, r
the Owner at such registered mailing address. All notices, demands, or other writings intended ; x
fil 24 t
Yi f ..
.r:
JUL 23.1998 1:2BPM .GARFIELD & HECHT, NO 450 P 3 • .-111 •, , . ? R yHT Y e. - <•; 1 w . , , `
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*347654 08/12/92 14:47 Rec 4145.00 SK 6 83 P G 9 , t�.5j
Silvia Davis, Pitkin Cnty Clerk, Doc S.00
or the A ssociaton an d s hall be sent by certified mat 4 • ,
p repaid, served upon the Board " IPr l,;•
t nested to kin Center Condominiums, pest effie
Aspe return zscetP requested Pit a notice of address change duly V
1. ;
Aspen, Colorado until such address is chattg� by Y V i
recorded in the office o the Clerk and Recorder, Pitkin County, Colorado, and leach
Owner. All notices, demands, or other instiments i»tsnded to be served upon ' \
shall be sent to it in the same manner at Pitkin Center Ltd., Post Office Box 4948, Aspen, .:. ' ,:: :£
Colorado 81612, until such address i s,Changed by recorded notice. All notices so mailed shall 1 ',. `' -. -a
be deemed to be given and received when deposited in the United States mails as aforesaid•
The separate condominium estates created by : y
;; '
this Declaration and the Condomirtiura Map shall continue until t.
26. this Declaration is revoked in
.'
the manner as is provided in this Declaration or until terminated in the manner as is provided
in: this Declaration. 1
This Declaratt'on shall not be revoked unless all of the Owners and all
27. of all recorded mortgages and/or deeds of mist covering or affecting all of the . i.
£ of the holders
:
Units unanimously consent or agree in writing to such revocation by instrument(s) duly recorded•.
r
7 • 1 . a _•I r . •n . , • : - '.
o f the Anociation. Each Owner shall comply strictly with the provisions of this Declaration,
the Articles of Incorporation, and Bylaws of the Association, and the reasonable rules and
. regulations of the Association, all as the same may be lawfully amended from time to time.
The violation of any restriction or condition or regulation adopted by the Board or the
1
breach of any covenant or provision herein contained, shall gi ve the Beard (in the name of the rights rovided for,in
Association on behalf of the Owners) the right, in addition
of ne y other rig upon ide d, or in as
1 this , h (a) enter upon xi s Unit, or any Po abate and remove, at the expense of
to which, such violation o a breach structure, t e i oo� may exist thereon contrary to the
tnanl
in defaulting o t, ngene any y ions thingg, , or
•
intent and meaning of the provisions hereof, and the Board, and its employees or agents, shall
not thereby be deemed guilty in any manner of trespass; and (b) to enjoin, abate, or remedy by
1 appropriate legal proceedings, either at law or in equity, the continuance of any breach; and (c)
to recover sums due for damages. Such remedies shall be cumulative and not ex exclusive of one
1 another and shall be in addition to any o remedies available to the Board y
t
29. �• No terms, obligations, covenants, conditions, restrictions, failure to
provisions imposed hereby or contained herein shall be abrogated or waived by any
i enforce the same, no matter how many violations or breaches thereof may occur.
This Declaration may be amended, changed, or modified due to a
30. Amenelmallti.
or in law, if there exists a reasonable basis for such amendment,
change, or modification
change in circumstance
ion supported b y ] ob active criteria provided by a disinterested third Parry
ry
professional such as an engineer, surveyor, accountant, or appraiser, only by an instrument in
writing setting forth such amendment, change, or modification, signed and acknowledged by
-25
4
y "SUL 23 199 1:29P , GRRFTEL & HECHT ` v _NO 4562 P 3
., � - w }} • } € .. Y M ,,,,ii I } t . l , i ` � ' ,'any r) .. - J ^>; , r . N.
, s% Px' S-
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4347654 08/12/92 14:47 Rec 3145.00 BK 683 PG 966
Silvia Davis, Pitkin Cnty Clerk, Doc x. ,' :«`-`
- - -- - t (70%) of the ownership interes , "} r,
those Unit Owners representing not less than seventy percent
in the Common Elements of the Condominium Project, provided however, no amendment may ',.ti
sic -J.. adversely affect any Unit or Units in favor of any other prove it is not by providing
Owner claims an effect is adverse, then the other Unit Owners may p surveyor, t . '= �'- :�';
objective criteria by a disinterested third party professional such as an engineer, .' ,
accountant, of appraiser. Notwithstanding the preceding, in no event ma.y any amendment be ., ..
first lien of record against any
adopted without the unanimous consent of all Unit Owners and all mortgagees having a bona .
Unit, which amendment would change the allocation of �4'R ,r Exhibit .r
_
condominium expenses or of undivided interests in the Common of an iits forth in sung -.` ;:ii:d.,
l 'A'and any such amendm shall only be effective upon ,? forth such amendment, duly signed and acknowledged by all the Untt Owners. N - o change, . .modification, or amendment which affects the rights, privileges, or obiigations of the Declarant shall be effective without Declarant's written consent, No change, modification, or amendment •
which is in derogation of conditions impose upon the improvement, use, and occupancy
of the
Condominium Project by the City of Aspen shall be made without the concriit of said City or . i
dment
governmental authority or their successor thereto with jurisdiction t o re ver. am n t with
to merely correct an obvious omission or typographical requirement
any any c o obtain the c:
applicable laws may be made at any time by the Board without the
consent of any Unit Owner or mortgagee.
31. general.
(a) If any of the provisions of this Declaration or any paragraph, sentence, 1
clause, phrase, or word, or the application thereof in any circumstance be invalidated,
such invalidity shall not affect the validity of the remainder of this Declaration, and the
sentence, clause, phrase, or word in any
application
the u s any such shall oe f paragraph,
other circumstances shall not be affected thereby. All of the terms herein are hereby
declared to be severable.
(b)• The provisions of this declaration and to all other pmvisi
mental to the : 1
C Common Interest Ownership
the
(c) Whenever used herein, unless the singular, the use provide, any
singular number shall include the plural, plural
gender shall include all genders.
.< (d) The provisions of this declaration shall be literally
construed to effectuate its
purpose of creating a uniform and equitable plan for the development and operation of
a first class Condominium Project,
(e) If any of the options, privileges, covenants, or rights created by this
Declaration shall be unlawful or void for violation of (a) the rule any against perpetuities ( Cr ue l
• some analogous statutory provision, (b) the rule restricting restrain ' ons shall "
an other statutory or common law rules imposing time limits, then such provisi 's.
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L 29PM l ,1GRRFTELD . �, ,( & HECHT' _ ,, ye• s NO 45a P 3 �'
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113471 00/12/9244: Rec $145.00 BK 68$ PG 987
Silvia Davi Pitkin Cnty Clerk, Doc $.00 .
continue only for the period of•the lives of James Valerie of Aspen, Co his now ; a
living descendants, and the survivor of them, plus twenty-one (21) years. 'S- c
32. privatization of Third F1o4I. 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 the third floor, subject to then current City of Aspen regulations. Such , :
privatization shall be accomplished by:making the elevator access to the third floor function by
key or other such secure means, andby either eliminating the front stair access at the point ,?
ye where the stairway ascends from the second floor to the third floor or by creating a locked door f1!
access to such front stairs at the point where the stairway ascends from the second floor to the
I third floor or at some point between the second and third floor, and by creating a locked door
1 at the rear stairway where the stairway ascends from the second floor to the third floor. The t.
expense for this construction shall be paid for by the Owner(s) of Units 3A and 3B and shall be
subject to the teens 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 5
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 Unit 3A or 3B as shall be designated by the Owner(s) of Units
3A and 3B at that time. In addition,the Owner of 3B has obtained nw'esrary approvals from
the City of Aspen to construct an additional balcony on the third floor. The expense for this
construction 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 N
f 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
• cl
as modified pursuant to this paragrap
I This Declaration reserves the absolute 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
1 and at such location on the roof as determined by said Owners in their sole discretion, without
r any further approval from the Association, the Board, or other Unit Owners, in a workmanlike
• I I manner, subject only to obtaining a building permit for such from the City of Aspen. The t
construction of such shall not affect the allocated interests in Exhibit 'A•. Such construction
shall not affect the rights reserved by rite Managing Agent or Board in Paragraph 15 hereof. The
Owner of Unit 3A or the Owner of %nit 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 fir Ioss, damage, or injuries incurred as a result of such
construction in addition, the Owner of Unit 3A and the Owner of Unit 3B each have the right
to access the roof areas for construction of a jacuzzi patio area, with said area being a Limited
Common Element for said Units 3A and 3B. The expense for this construction shall be paid for �{
i by the Owner of either Unit 3A or 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 ,:f.,
a
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,0347654 08/12/92 14r47Rec $ 145.00 BK 685 PO 998 .
Silvia Davis, Pitkin Cnty Clerk, __.. ... .,
'' 11
and
General
'
affects Certain Limited an Gen
' "�' ff such construction General Common Elements be affected. �• will be restored m
Common Elements, such Limited ant General Common Elements affected 1� _ ;
�
1 \
their similar condition prior to the eomieencement of such - construction other than as modified -
pursuant to this paragraph. 1 ,.:‘,..,11 ,.,
Y . S
.r 33, Compliance With Colnn j
Colorado Common Interest Ownershin Act. To the extent that any . e
t am, provision, or. condition of this'peclatation shall conflict with the requirements o the \, \. J .t .
°
Colorado Common Interest Ownership Act, the requirements of the Colorado Common Interest r.3
8 .) w %s
Ownership s though rship Act shall supersede and control and this Declaration shall be interpreted g ;'
such requirements were set forth herein. .V .
IN WITNESS WHEREOF, the Declarant has duly executed this Declaration this 12th day ',' •
of August, 1992. "`
PITRIN CENTER LTD. "a. : l
li k By / e,,..
J ,es alerio, individually
• as - ,1.., in-fact for
, Ian 4 Phillips Valeria, Judy
W ,, , James Wells, Paula Loud,
M. Loud, and Greg Kayne
i ,
,
STATE OF COLORADO )
s:
) ss. } t
COUNTY OP PITKlN ) `
The foregoing Condominium Declaration was acknowledged before me by Jim Valesio,
V:
individually, and as attorney -in -fact for Lanene Phillips Valeria, Judy Wells, James Wells, Paula
Loud, H. M. Loud, and Greg Kayne this 12th day of August, 1992. ®
Witness my hand and official seal.
>r
;, i My commission expires: ql a t 7 .
a
cjn,,.,..0 . CG .
N otary Public _ ` � 7S,
. 'a : "�• Address: G. Ji (7a
v
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JUL 23.1998 1 31F CPRFIELD & HECHT , , NO 45 P 3
t Y Ii7. . ti }hlZ i 4 Pe 4, , 2'1 ( ii-fr , ; ..\i 5 r i .": P a cSe: - 1
44347684 08/i2/92 14;47 Rec $145.90 $K 605 PG 904 , ,r
Silvia Davis, Pitkin ;Cnty Cler ;•00 _ i
(Attached to Condominium Demon for ,.. ' .4._
Pitiiin Center- COndOmuuums) �'i. - `
1 ' , interest ('Allocated lntetest ") m the Pltlan _, 4 x
Schedule of Unit Owner's percentage of ownership �
a
Center Condominiums is as follows: i -' c cl -24
11II1t
7.82
B1 . „ 8.54
B2 ":. 2.73
PI 2.68 :,
P2 7.62 X l--
: f.
lA 7.24, ,
in ' 6.25
iC Ns 5.17
2A 17.98
2B ` 9.77
3A 12.48
3B 2.93
El :,
I\ 2.93
E4 fir,
100.00 ='`
TOTAL ..
.tsC
114,
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