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HomeMy WebLinkAboutcoa.lu.pu.Clarendon 625 West End St.A10-90Clarendon S/D PUD Amendment ,;L-*7:3-7 /.?cR - 3 c- o o / m, A10-90 aiC" f- CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2 14 90 PARCEL ID AND CASE NO. DATE COMPLETE: _ I 51,0 273'7—/W)—3a-00/10 015",A10-90 Iii' STAFF MEMBER: )-� .5w PROJECT NAME: Clarendon'1PUD Amendment Project Address:415 West End Street Aspen Legal Address: Lot 1, Clarendon Subdivision APPLICANT: Clarendon Condominium Association Applicant Address: REPRESENTATIVE: Joe Edwards Representative Address/Phone: 201 North Mill Street Ste 109 925-7116 PAID: YES NO AMOUNT: $1650.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: \/ P&Z Meeting Date I PUBLIC HEARING: ',-YE NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: / City Attorney Mtn. Bell School District ,oz City Engineer Parks Dept. Rocky Mtn Nat Gas Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshall State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Consol. Energy Center S.D. DATE REFERRED: /02 8 1 9 o INITIALS: /%4V FINAL ROUTING: DATE ROUTED: INITIAL: O%tIC-' City Atty City Engineer Zoning Env. Health Housing Other: tI FILE STATUS AND LOCATION: ✓ 114,-)\ () - . •11 APPLICATION FOR AMENDMENT OF THE P.U.D. PLAN OF THE CLARENDON CONDOMINIUMS I. INTRODUCTION The Clarendon Condominium Association, on behalf of the owners, together with two interested owners, requests an amendment to the existing P.U.D. plan to authorize the two interested owners to convert their existing two -bedroom units to three -bedroom units in the same construction form as the existing three -bedroom units in the project by adding the third bedroom as a second story over the existing one-story entrance way. In the past, the City Council has granted requested amendments to the P.U.D plan for Units 6, 7, 8 and 12 to convert from two bedrooms to three bedrooms in exactly the same manner. Applicants seek approval for the expansion of Units 1 and 11. Unit 11 is abutted on both sides by three -bedroom units. Unit 1 is on the northern -most end of the condominium and is abutted by Unit 2. Units 2 and 3 are two -bedroom units, the owners of which do not desire to convert these units to three -bedroom units. Units 4 through 10 are three -bedroom units. In order to protect the architectural integrity of the roofline on the northeast (entrance) side of the condominiums, the Condominium Association has required as a condition to allowing the owner of Unit 1 to expand from two bedrooms to three bedrooms that the owner of Unit 1 will construct a new roof and false front over the entrance side of Units 2 and 3 connecting with the roofline on Unit 4. This is depicted clearly in the architectural drawings attached. The requested amendments would not result in any increase in density, increase in the footprint or increase in the overall height of the building. This application is filed as an "other amendment" pursuant to § 7-908B., Land 1 Use Regulations, which requires the P.U.D. final development plan procedures be followed for the amendment. Attached as Exhibit 1 is the Pre -Application Conference Summary Sheet from the conference which occurred on November 14, 1989, and the Land Use Application Form. At the pre -application conference, the applicants' representative was advised to file an "abbreviated" final P.U.D. application since most of the extensive information required by a final P.U.D. application is not relevant to an application such as this where there are essentially no impacts on the community. Since the P.U.D. final development plan procedures are to be followed with this application, there is involved a two-step process with a public hearing at the Planning and Zoning Commission and, subsequently, a non-public hearing with the City Council. II. COMMON REVIEW REQUIREMENTS. A. Applicants are The Clarendon Condominium Association, Inc., c/o Aspen Club Property Management, 730 East Durant Avenue, Aspen, Colorado 81611, the contact person isjQjIuck Frias at 920-2000; Jeffrey Wilson, the owner of Clarendon Unit , w ose a ress is 16633 Ventura Boulevard Suite 700, Encino, California 91436, telephone (213) 872-1321; and Jerome Epstein, the owner of Clarendon Unit 11, whose address is c/o Perry Group, 25 Mount Laurel Road, Hainesport, New Jersey 08036, telephone (609) 267-1600. Letters from the applicants authorizing the law office of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, telephone (303) 925-7116, to act as Applicants' representative to process this application are attached as Exhibit 2. B. The parcel on which the development is proposed to occur is the Clarendon Condominiums, West End Street, Aspen, Colorado 81611. The legal description is the Clarendon Condominiums, Lot 1, Clarendon Subdivision, Aspen, Pitkin County, Colorado, according to the Condominium Map filed in Plat Book 5 at Page 36, as amended. The property is located northeast of Ute Avenue, southeast of Glory Hole Park, southwest of West End Street and northwest of the Gant Condominium. C. The names and addresses of the owners of the Clarendon Condominiums and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel are set forth on the title certificate prepared by Pitkin County Title, Inc., a copy of which is attached hereto as Exhibit 3. D. An 8J" by 11" vicinity map locating the subject parcel within the City of Aspen is attached hereto as Exhibit 4. E. A written description of the proposal is provided in the Introduction. III. Final P.U.D. Development Plan. A. Section 7-903 C.2., Land Use Regulations, provides 12 items for inclusion in a P.U.D. final development plan. Most of these are not relevant to this application. Items 1, 2, 3, 5 and 8 are relevant to this application. Also, item 12 is relevant to the extent that a Fourth Amended Condominium Map will be filed and recorded after the proposed improvements are completed and surveyed "as built." For reference, a copy of the Amendment to the Condominium Plat for expansion of Units 6, 7 and 8 is attached. A similar plat will be proposed and filed for Units 1 and 11 if approval is granted. Due to the unique D22/02 -2- nature of the application, the Applicant feels the following is more informative than if the Applicant simply made statements in response to the numbered items listed in the Land Use Regulations. The following provides all the relevant information required, relevant documents, and a description of the existing project. 1. Recorded Documents. Copies of the following recorded documents relevant to the Clarendon P.U.D. are attached as Exhibit 5. a. Subdivision Agreement, recorded in Book 310 at Page 959 of the records of Pitkin County, Colorado (all references to Books and Pages are to the records of the Clerk and Recorder's Office of Pitkin County, Colorado). b. Condominium Declaration, Book 319, Page 415. C. First Amendment to the Condominium Declaration, Book 410, Page 80. d. Second Amendment to the Condominium Declaration, Book 448, Page 581. Also, the following recorded plat and maps are provided. a. Final Subdivision Plat, Plat Book 5, Page 1. b. Condominium Map, Plat Book 5, Page 36. C. First Amendment to Condominium Map, Plat Book 11, Page 71. d. Second Amendment to the Condominium Map, Plat Book 18, Page 67. 2. Prior Approval and Amendments. Copies of the minutes of the City Council meetings at which the City Council approved the P.U.D. and prior amendments to the P.U.D. are attached as Exhibit 6. a. Subdivision approval by the City Council September 22, 1975. b. Subdivision reapproval by City Council January 26, 1976. -1 D22/02 -3- C. First Amendment to the P.U.D. Plan approved September 22, 1980, allowing Unit 12 to convert from a two -bedroom unit to a three -bedroom unit. d. Second Amendment to P.U.D. Plan approved September 27, 1982, allowing Units 6, 7 and 8 to convert two -bedroom units to three -bedroom units and requiring two additional parking spaces. e. Third Amendment to P.U.D. plan approved May 14, 1984, and July 24, 1984, to add one low/moderate deed restricted employee housing unit and granting an exception from additional parking requirements and an exception from GMP. 3. Existing Project Description. a. Zoning: R-6, Mandatory P.U.D. b. Land area: 1.627 acres (70,872.12 square feet). C. Land coverage: .758 acre (33,059 square feet). d. Open space: .868 acre (53.350). e. Allowable Density: 15.75 units at the former R-6 density of one dwelling unit per 4,500 square feet. The existing density is 15 free-market units in a multi -family configuration and one employee unit. The free-market units are ac rised of(five�two-bedroom units at 1,360 square feet and, -,ten) three -bed —room units at 1,610 square feet. �I-) 40 g. Average occupancy at 38% is 30 persons. (Source is from owner usage and rental survey.) h. Floor area of building: 22,900, square feet (exclusive of detached restricted emplovee' housing unit) . There is no FAR_ -limit_._specLf.�ie d for the multi -family configuration of this P.U.D. in the curr.ont R-6 Zone description. q_ B. Changes Since Original Approval. The first .� amendment to the P.U.D. plan was approved by the planning ' director as a minor change in the P.U.D. plan as a result of �_.. a change in ownership. The individual units have keen separately sold. The owners of Units 6, 7, 8 and 12 have previously requested and on two different occasions have been granted P.U.D. amendments to expand their two -bedroom f. Estimated maximum occupancy of bedrooms at two persons per bedroom is 80 persons. D22/02 -4- units to three -bedroom units. The high density development in the surrounding area (the old "tourist" zone to the southeast, L/TR to the west and R/MF to the north and east) has altered the character of the area and reflects a change in circumstances towards higher utilization of the area. C. Approval of Homeowners' Association Board. The board of directors of the condominium association has approved the proposed changes and has authorized the application for amendment of the P.U.D. plan. See Action of Board of Directors attached as Exhibit 7. D. Proposed Amendment. 1. Request to convert two two -bedroom units to three -bedroom units. The condominium association and two interested unit owners seek approval to convert Units 1 and 11 from two -bedroom units to three -bedroom units. The Clarendon Condominiums were constructed such that the two -bedroom unit is the same basic configuration as the three -bedroom unit except the roof ne is lower over an entrance way. The addition of the\ square foot third { bedroom is accomplished by raising the -northeast -facing roof line of the two -bedroom units over the entrance way to match the roof height of the other three -bedroom units. This would add two 245- dare -foot b drooms, increasing total bedrooms from 40 t�4 2 The existing square footage of the �� y building (not counting the detached restricted employee unit) is 22,900 square feet. The addition of two 245-square-foot bedrooms would add 490 square feet to the project. This is d-2.,14,%- increase in the square footage of the project. On two prior occasions, the City Council has approved requests from other owners of two bedroom units ~ j seeking to expand their units to three bedrooms. The three J remaining two bedroom unit owners do not desire to expand their units at this time. Mr. Wilson's unit (No. 1) is on /. the northernmost end of the building and Units 2 and 3 have - not been increased from two bedrooms to three bedrooms. In order to create a uniform roofline from Unit 1 to Unit 4, a ew roof and front will be constructed on the entrance side of Units 2 and 3. The addition of the third bedroom for the two -bedroom units will not increase impacts on the community or the neighborhood. The families of owners will still come to town whether the individual unit is more or less crowded. The units, even as expanded, are approximately one-half the size that could have been built had the project been developed as a s(inle-family or duplex project, and the requested changeo not se any increase in overall building height,otprint r uni density. This is the least dense projei area. JD22/02 -5- 2. Floor Area Ratio. The Aspen Land Us Regulations do not specify FARs for the multi -family configuration of this P.U.D.; however, analogy can be made\ to the FARs established in the R-6 zone for single-family . and duplex units under the Code as it existed when the Clarendon was approved. The Clarendon was developed at the`,, then allowed density of one unit per 4,500 square feet of lot area (15 units). On such a lot, a single-family residence of 2,820 square feet was allowed or a duplex residence of 3,150 square feet was allowed. See S 24-34, Aspen Municipal Code, as it existed prior to May 25, 1988. The existing Clarendon has ten three -bedroom units at 1,610 square feet and five two -bedroom units at 1,360 square feet each. The total floor area of the Clarendon is 54% of the floor area which would have been allowed had it been developed as 15 single-family homes and 48% of the floor area which would have been allowed had it been developed as duplex units. 3. Illustration of changes. The proposed addition of the third bedroom is shown in Exhibit 8. Exhibit 8 is three pages of architectural drawings depicting the existing and proposed configurations. Page 1 of Exhibit 8 depicts a key plan of the Clarendon Condominium and the affected units. Also on page 1 of Exhibit 8 are elevations for the entrance side. These elevations show the proposed change to the roof line. Page 2 of Exhibit 8 shows the existing and proposed upper -level floor plan and cross-section of the units. Page 3 of Exhibit 8 shows an existing and proposed northeast view perspective. Exhibit 9 is a letter from the architects who originally designed the Clarendon Condominiums and are working with the Applicants on the proposed improvements indicating that the addition can be made using conventional construction techniques without endangering adjacent units or affecting the structural or architectural integrity of the building. D22/02 -6- CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT: 1. APPLICANT'S REPRESENTATIVE: REPRESENTATIV OWNER'S NAME: SUMMARY 1. Type of Application:,, i _ 2. Describe action/type of development being requested: 3. Areas is which Applicant has been requested to respond, types of reports requested: Policy Area/ Referral Agent Comments l I4. Review is: (P&Z - Only) (CC Only (P&Z then to CC) 5. Public Hearing: (YES (NO) 6. Number of copies C of the application to be submitted: 7. l What fee was applicant requested to submit:l 8. Anticipated date of submission: 9. COM ENTS/UNIQUE CO CE N _�. - frm.hre_app AT= BiENr 1 LAND =- APPIZC7=ON 1RM 1) Project Name CLARENDON CONDOMINIUM 2) Project Location West End Street, Aspen, Colorado 81611 Lot 1, Clarendon Subdivision, Aspen (indicate street address, lot & block number, legal description where appropriate) 3) Present zoning R-6; Mandatory P.U.D. 4) Lot Size 1.627 acres 5) Applicant's Name, Address & Phone # See Application 6) Representative's Name, Address & Phone # Joseph E. Edwards, III, Suite 109, 201 North Mill Street, Aspen, Colorado (303) 925-7116 7) Type of Application (please check all that apply): Conditional Use Conceptual SPA Conceptual Historic Dev. Special Review Final SPA Final Historic Dev. 8040 Creenline Conceptual FM Minor historic Dev. Stream Margin X Final PUD (Amendment) historic Demolition Yxymtain View Plane Subdivision historic Designation Condon i n i i rm i za ti.on Text/Map Ao*1ment (M:�,i Allotment Lat Split/Lot Lie CMQS Z KeIIption Adjustment 8) Description of ndsting Ucd'S (rxmLrr and type of existirxg ; approximate sq. ft. ; rxnaber of bedrooms; any previous approvals granted to the property) - See Application 9) Description of Development Application 10) have you attached the following? Response to Attactm ent 2, M i n i mi m, Si i hm i Scion Contents ResporLe to Attactmient 3, S'pecific SuLimi�--ion (otltents Response to Attachment 4, Review Standards for Your Application December 29, 1989 Aspen-Pitkin Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. Plan for Clarendon Condominiums Dear City of Aspen Planning Department: The Clarendon Condominium Association, Inc., a not -for -profit Colorado corporation, is the record owner of the general and limited common elements as described in the Condominium Declaration for the Clarendon Condominiums recorded in Book 319 at Page 415, et seq., the first amendment thereto recorded in Book 410 at Page 80, et seq., and the second amendment thereto recorded in Book 448 at Page 581 and the Condominium Map filed in Plat Book 5 at Page 36, the first amendment thereto filed in Plat Book 11 at Page 71, the second amendment thereto filed in Plat Book 18 at Page 67, all in the records of the Clerk and Recorder's Office, Pitkin County, Colorado. The property is legally described as Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. The Clarendon Condominium Association, whose address is c/o Chuck Frias, Aspen Club Realty, 730 East Durant Avenue, Aspen, Colorado 81611, and whose telephone number is (303) 920-2000, authorizes the law offices of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, whose telephone number is (303) 925-7116, to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the P.U.D. plan for the above described property. Very truly yours, ' CLARENDON CONDOMINIUM ASSOCIATION, INC. Attest: President Secretary JL4/11 11 December 29, 1989 Aspen-Pitkin Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. Plan for Clarendon Condominiums Dear City of Aspen Planning Department: I am the record owner of the property known as Condominium Unit 11, Clarendon Condominiums. The Clarendon Condominiums are described as Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. My address is 25 Mount Laurel Road, Hainesport, NJ 08036, and my telephone number is (609) 267-1600. I authorize the law offices of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, whose telephone number is (303) 925-7116, to file with you any applications under the Aspen se Regulations they shall deem necessary for ame ment th�, P.U.D. plan for the above described pr perty. /; L4/12 a A u December 29, 1989 Aspen-Pitkin Planning & Zoning Depar+-.ment 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. Plan for Clarendon Condominiums Dear City of Aspen Planning Department: I am the record owner of the property known as Condominium Unit 1, Clarendon Condominiums. The Clarendon Condominiums are described as Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. My address is Suite 700, 16633 Ventura Boulevard, Encino, CA 91436, and my telephone number is (213) 872-1321. I authorize the law offices of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, whose telephone number is (303) 925-7116, to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the P.U.D. plan for the above described property,..; Very fl 1 yours, Jef ey Wilson L 4 /v13 1 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that the following list of the owner's in fee simple of the following described property: NAME Jeffrey Wilson Clarence A. Herbst, Jr. Donald E. Kolmer D. Kennedy & Delores J. Fesemyer Richard H. & Ruth H. Conant Dean L. Greenberg Ann S. Bowers & Robert N. Noyce Lee & Gertrude F. Gladstone Monte & Peggy Smith James A. & Linda S. Shirk Jerome P. & Deborah R. Epstein Earl M. Latterman C.L. Equities, Inc. Kenneth D. Bernstein Edgar, Jr. & Rosamond B. Stanton LEGAL Unit 01, Clarendon Condominiums Unit 02, Clarendon Condominiums Unit 03, Clarendon Condominiums Unit 04, Clarendon Condominiums Unit 05, Clarendon Condominiums Unit 06, Clarendon Condominiums Unit 07, Clarendon Condominiums Unit 08, Clarendon Condominiums Unit 09, Clarendon Condominiums Unit 10, Clarendon Condominiums Unit 11, Clarendon Condominiums Unit 12, Clarendon Condominiums Unit 13, Clarendon Condominiums Unit 14, Clarendon Condominiums Unit 15, Clarendon Condominiums Subject to easements, rights -of -way and encumbrances of record. Deed of Trust .......... Book 320 at Page 352.......... unit 02 Transfer ...............Book 320 at Page 359.......... Unit 02 Transfer ...............Book 324 at Page 719.......... Unit 02 Transfer ...............Book 438 at Page 623.......... Unit 02 Deed of Trust .......... Book 526 at Page 608.......... unit 02 Deed of Trust .......... Book 564 at Page 769.......... unit 04 Transfer ...............Book 564 at Page 776.......... unit 04 Deed of Trust .......... Book 604 at Page 533.......... Unit 05 Deed of Trust .......... Book 555 at Page 807.......... Unit 09 Deed of Trust .......... Book 375 at Page 174.......... Unit 13 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITK'INN COUNTY TITLE, INC. B Y :-F -Gl authorized signature DATED: December 01, 1989 @ 8:00 a.m. p t L I 1 20 frryU O Iv 32 i f P 1� ' I 17 16 r i I UTR - 'ess, I14 r i 1 �f 26 �A. :' II ._..�.e.__-__WATE "act / '7 24 '9 L a F 4 (PUD), 2 R r w (PUD) y SUPDIVISIM AGREEMENT F•o^ TEIS AGREE:•IENT, made and entered into this ILL_ (:av of January, 1976, by and between DRL1,7ER, INC., a Delaware corpo- ration (hereinafter referred to as "Subdivider"), and the CITY OF ASPEN, COLOR DO , a municipal corporation (hereinafter referred to as "City"). .Q I T N E •S S E T II : WHEREAS, Subdivider has submitted to the City for approval, execution and recording a Final Subdivision Plat of a tract of land being situated in the 1".7•; of Section 18, T10 S, R 85 W of the 6th P.1-1. Pitkin County, Colorado and being all of Lots 26, 27, 28, 29, 30, 31, 41 and part of lots 32 and 40 all in the Ute Addition to the City of Aspen, said real property is more fully described as follows: Beginning at a point. on the Northeasterly erge of Ute Avenue and beinc; the Southerly corner of said lot 26 whence corner no. 1, Aspen To,..nt;it:e bears S20°15' 17" ._ -:57.17 feet; Thence .:37*47'34" V: 359.75 feet alone the Scutil;:esterly edge of --aid lets 26, 27, 28, 29, 30, 31 and 32 to the Southerly corner of the Glory ::olc Park; Thence ,1°32'00" 111.57 feet along tl.c Scuthcr.sterly edge of said par!:; Thence S75*0:'00" F 64.96 feet; Thence S33'53'00" E 7.72 feet to the ::esterly corner of said lot 40; T'her.cc .,511_..,'00' F: 62.5. `cet to a point cn the Southerly ecge o` saic p::r::; Thence S750''O'00" 1: 1. 44 `P :t a1cnca 'c o .....t:'.0r1y CC" :ge Of said nark; Thcnce ::14°51'C0" _. 0.80 fcct along the Eouthcrly edge of said parl•; _.lens^_ 75'nc-' 0 :. '.4-1-;G _`c('t; 'hence _' 0. 7C _`.('(-•t; Thence :, 71 5 0 3 ! ' 0 0 5. .i 7 f o e t. ; :Iicr.cc• c 14° 59' 20'' V 9 [cot to a point on the ::orthcactcriv edge of snit: lot 41; • 1.hc.nzc S 3 5°14'00" L ,,.41 _`Let along Said ":ortheastcr1 ecge to the Lasterly corner of said lot 41; Th"r.ce S39°29'00" 105.32 feet along the Southeasterly ec:~e C' `y_u r:lot to t:... Sout!`:c' 1 torpor c,r _e- lot 41, teinc; al a ci.nt on `' :orstory: err of said lot 28; Thence S36°23'00 117.26 feet along the northeasterly edge of said lots 28, 27 and 26 to the easterly corner of said lot 26; Thence S52°02'00" �,. 135.97 feet along the Southeasterly edge of said lot 26, to the point of beginning containing 1.611 acres, more or less, whic;i tract is shown and designated on said Plat as Lot 1, and Parcels 1, 2 and 3, Clarendon Subdivision; and WHEREAS, the subject property is located within an i area of the City presently zoned P.-6 Residential, Mandatory Planned unit Development; and i lWHEREAS, the City has fully considered said subdivision plat, the proposed development and improvement of Lot 1 thereon, I and the requirements to I;e imposed upon the subject property by reason of the subdividing thereof and the proposed develop- ment and improvement of Lot 1; and j WHEREAS, the City is willing to approve, execute and accept said subdivision plat for recording upon the agreement of Subdivider to the ratters hereinafter described, which matters are deemed necessary to protect, promote and enhance the public welfare; and 1 unc'er the aut;iority of Section 20-16 (c) of the Municipal Code of the City of Aspen, Colorado, the City is ientitled to assurances that the matters hereinafter agreed to will be faithfully i:erfc,:-r.!cr, !;y Subdivider; anti 1•7I;ERL:•.S, ::*Jcdi.vidcr �s willing to enter into such agreement with, and to provide. -s,:ch assw_-r.r_ces to, the City. 1 vOi'7, _�:''.:;_ _-ii., 1I: C0:!S1i..C:I':�ir1011 of .-he nrc`misos, the 1 mutual ccvcn: nts. !'.C'reir. containc.C., and the Fr-oroval, c:Y.CCut1On -2- J and acceptance of the Final Subdivision. Plat of Clarcn(ion Suh- divisicr. the City for _ cccrdi.n , the pc rtics he rel.v aarce as folloe:s: 1. Landscapi.r.•c. Subdivider shall landscape Lot 1, Clarendon Subdivision., in accordance with the landscaping plan as shown on sheet 2 of the Final Subdivision and Development Plan. The agreed esti..~iated cost of such landscaping for said Subdivision is $3,651.00. 2. Fire hydrant. Subdivider shall install the fire hydrant situated in the northeasterly corner of said Let 1 and as shown on sheet 1 of the Final Subdivision Plat. The agreed estimated cost of installing "lie fire hydrandt and necessary connecting pipes is $1,500.00. 3. Drainage. Subdivider shall construct the drywells, grit chamber and oil skimmer as shown on sheet 2 of the Final Subdivision Plat. The agreed estimated cost of the foregoing improvements is $8,320.00. 4. Certificate of Ocr.'aaancv; Varrants. '.he improvements required of Subdivider by paragraphs 1, 2 and 3, above, shall be completed prior to the issuance of a Certificate of Occupancy for the project to be constructer: on said Lot 1. Subdivider hereby agrees to warrant the i::.provcmclitc covered by paragrauh 2 For a period of one full year and the landscaping covered by paragraph 1 for a hericc cf t;:o Lull \'Cars after acceptance of the same b• _ y the City. 5. i.Scrc .. i"'rt"' ': __ It ..3 CStiM I tCd that the aggregate cost of con.ztruct1.nc an ' i:.,�,lli.'. j <.11 of the 1:7_ rov:-:-.c'nts herei.naL-ove ::oscr.J.A d Will :rot C::cec.•d s3.3, 471. CC. In e1:(:Cr to secure .,::e _)orformancc of the constr icticn ::It:; i^stallaticr. oI said imp. rC\'C:.._.:ts hi'rE: in C..C! to by the ;;�I;,,,. _ cC." ...Id the -3- Cit_:, .ublividcr s?:all u.:en the execution of this :_grccment, either C^.`osit _th _....Ls or f::rnish t':e c _ an irrevucr:`.:ic si,-ht r . -.'t (-r letter of flnanciall_. res-onsi.:lu- __I:C?Qr In uho ar ount of the afore - sail estim-Itc:: ousts i <:_ cc::_ tructi.cr ... r? _nst,- I iation cf the improvements herein described. :subdivider shall hve the right at its election to substitute the security for its performance hereunder, i.e., replace any funds deposited with an irrevocable sight draft or letter of commitment and vice versa. In the event, however, that any portion of the 1 work and impro,,cments have not been installed according to the conditions containc:: !:erein, then and in that event, I the City shall have the unconditional right to withdraw funds upon donand to partially or fully c-omplete and/or pav for the work to be done _ any party. From ti-e to time as work to be performed e:nd improvements to be constructed l hereunder progresses, SuLdividcr may rec?uest the City Engineer l to inspect such ...ork anc i:.Inro:•c:.^.ents as are completed and I may submit to the City the cost of such completed work and im- provements. ::s portions of the improvements are completed, the City Engineer shall ins-pect them, and upon approv�.1 and acceptance, he shall authorize the release of the agreed estimated cost for that portion of the i..:nrove::ents, except that ten (10°) percent of the estiMated cost chall be %-Athheld until all proposed improve- ments are completed and a:;provcc1 ry the City F•r.vinoer. Lv reason of t:.c ..:.et•e created escro%:: ar.rarcc•-:cnt, sulz,.ivicer 1 is in no % a relicvec? c ` nnV ol:].ic:e.t:io;:s tc ...a'r:c the it;rrov=ents above nroviduu for, nor is the city of lir.r.t�.i to zIrsul:;e the resconsibilit-v fer t`:c �:=r.vc:-.ents 1.,, r:ccc_>tance of this escro:; arr; r.c=c.nt. j G. L'_^Sill!:Z]I:!__...•_ 'pC_l_�-C:1 C� T..,.., C '.. J ...� . �. L):1:.1v' Clnr shall !!rcn .rc an(: .;e rc _.. 1' l(' for the _ _ :2'r... ], :. of enc:4 neer- 3 ! 963 ing plans, specifications, and construction c'.r.<<i.nrs for all ir-,,provcr.cnts inclul.CC in pnragra[.hs 2 and 3, al-c-vo. ii'C8e plans and specifications s'.iall Lc submitted to the City I:r.::inccr and shall be approved prior to the conrmencer..ent Of any construction by the Subdivider. Subdivider shall also be responsible for providing all necessary engineering and/or surveying services in conjunction with the construction of said improvements. The City Engineering Department shall be notified prior to the commence- ment of construction so that the work may be inspected during construction. 7. obligation to Confer., to Laws. Notwithstanding anything contained herein to the contrarv, Subdivider, in developing the property contained with the Plat, and the other improvements as herein described, shall fully comply with all applicable rules, regulations, standards and laws of the City and other governmental agencies and bodies having jurisdiction. 8. Future Subc;i.vision Ir,.orovements. City acknowledges that the gcncra_ area within e:hich the Subdivision lies was platted and artially developed prior to the adoption of the present de•sign requirements and does not wholly conform to such design rec:i_cmcnts. in lieu of requiring Subdivider to install subdivision il::prcver.onts at the time of construction of the project, tice City, as a condition to approving tle subdivision plat, hereby rccuz.res the uixiivir.cr, for itself, its successors in interest r.Zsigr.s, _s certain covenants e.J:d agreements which ..ill roe: ice _`or ivisicn is - rovcl .c nts to be con- structed t:r.c: paid fcr tt:e f;:ture. Thereforu, °ubdivider hereby covo11antS a: rGCL :it:1! Lae City, �O110P's ( ) -_'hat it ,:ill :.:: ir. tip cl,; cons;cnt to and join in the fcr..._;tic:: of ...;-- rc•:. ,..:..:t cii: crict, cncc::passing all or c.ny nrt of tt:c ...:L.:i, i. 1' ^' Ll,_­t rir.v hercc.f'-c.r be pro- posed or for t... constru,_-t.ion of L:n}' lI?;7J:0`:C: CntS re- cuired, 1,v tho cit--Y'ssu:.:i._r.icn cr,iinancc as now or horcin- after ir, force and iwrelby and furtlicr C:OvC:1.Z_.,1tS a-ainst C�.o i:*..: _*izv, cit or from time to time, shall construct or install any improvements required by the City's si:Lc:ivisicn ordinance, as now or hereafter in force and effect, which improvements service or improve a general area inclu"'ing the lands within the Subdivision, Sub- divider shall, upon demand, pay or rcir,,.1"ursc the City for that portion of the actual cost of such improvements %:"-.ich is pro- perly allocable to the SubdiviL;icn, provided, however, that the City shall be entitled to such paynient cr roiritursement only if such improvements arc constructed or installed in the ceneral area to at least include Ute Avcnue or oortions or all of Vest End Street as the same abut said Lot 1. Subject to the minimum general area requirements set forth above, the City shall have the right to construct or install such improvcmcnts in phases or incre- ments, e.g., curls and cutters in one year and siOcT..!alks in a subsequent vear, and Sul -divider shall pay or rei.-al.-urse the City for each successive phase or increment. In no event s]—all the Subdivider's obligation hcreun6or exceed its properly allocable share of the total cost of such _-',-,,,r)rovc,7cnts as (1oternined, by the customary c=,notition charcns and rates for such construction then prevailing in .-�spcn i.ts enw. L r Cn 9. SulIdiviCler for itself, its hereby re- serves Parccls I and cii the Clarc-ndcn FubOivi:;ioli L ": for r u! C rinal Plat for to tl:c- "I'Lli. Ili right-of-c,_,,;ication Lo occur j!t such t4".C. J -6- J V tL1 c'{r as a fort; (10) foot �•:idc right-of-wav is dcer.cd necessary by the City for the extension of P'cst End Street. Subdivider here:.%• covenants and aqr cs thaat said Parcels 1 2 shall re- main free and clear of all liens and encun:trances during the period of this reservation. Subdivider further covenants and agrees to join in any conveyance or, if necessary, quiet title action to cure any defect in title, should the City request same. In the event the City does not acquire said forty (40) `cot wide right- of-v, y within the period of twenty (20) years frcm the date of subdivision approval, t!.c reservation contained herein shall terminate and be of no further effect. 10. Dedication Pav:,en.ts. Subdivider and City mutually agree that the sum of $14,990.63 represents an a.*:cunt equal to the current market value of the undeveloped land required for dedication by Section 20-18(a)(1) for Lot 1, Clarendon Subdi- vision, and that such anount shall be paid by Subdivider to City upon recordation, of the Clarendon Subdivision Final Plat. Sub- divider and City further agree that the aforesai sun constitutes the sole and only cash (or land in lieu thereof) cedication which will be required in connection with the sui.c:ividing and condominiumizing of Lot 7, Clarendon Subdivision. 11. Convovances to Cit•;. Subdivider herc:y agrees to con- vey to City '_•y quit cla':.: dcod all of its right, title and interest in the real property 1u .: _ ,' West:.rly of ai:d co::tiguous to the north- westerly bouncary of Let 1 (shown c.s the "Ce^nrc-.it;e Lire" on sheet 1 of the Final SLliivisicn Plat) and the Cit_ agrees to convey to Subdivider all of Its rir;:t, title and inter^s`t: in said Lot 1. -7- 966 12 , Ccw ;; :_ t_.-- - The covenants and acrcer..ents of the Subdivider hercin .::all L.•c c::emed covenants that run with the land, i shall burccn t'r.a land inclu::cd within the Subdivision, and shall bind and be specifically enforceable against all present and subsequent owners thereof, including Subdivider, its successors in interest and assigns. 13. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, City agrees to approve and execute the Final Plat of the Claren6on Subdivision and accept the same for recording in the real property records of Pitkin County, Colorado, upon payment of recording fees and costs by Subdivider. THIS AGREEMEN-T shall be binding upon the parties hereto and their respective successors in interest and assigns. SuEDIVIDER: BREWER, INC., a Delaware corporation II �.� Y r✓ President CITY: CITY OF ASPEN, a municipal corporation -7 By ' :layor ATT ST: / -- — City C_ crk'` -8- J STATE OF COLORADO ) )ss. COUNTY OF PITFIN ) The foreaoinc was ac::nowledced before me this �day of April, 1975, b A�8 as Vice President of Brewer, Inc. Witness my hand and official seal. rfy commission expires: ��y / ? Notary uali.c STATE OF COLORyDO ) )ss. COUNTY OF PITKIN ) The foregoing was acknowledged before me this , % day of April, 1976, by STACY STANDLEY III, Mayor, and ATHRER, City Clerk of the City of Aspen. ' Witness my hand and official seal. '— MY commission cxoires: }' FU�11C 3 comnOmINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS TllIS DECLARATION .is made this 901 clay of 2Znvrrd)t•r , 1976, by CENTENNIAL PARTNERSHIP No. !-,a Colorado limited partnership. 1. DEFINITIONS. 1.1 Declarant. "Declarant" means Centennial Partnership No. 1, a Colorado limited partnership. 1..2 Declaration. "Declaration" means this declaration and supplements thereto, if any. 1.3 Real Property. "Real Property" means that certain land situated in the City of Aspen, County of Pitkin, State of Colorado, more fully described in Exhibit A attached hereto and made a part hereof by this reference. 1.4 Building. "Building" means any building improve- ment comprispinI a art of the Real Property and containing Condominium Units, as shorn and described on the Condominium Map and any supplements thereto which may be filed in the Pitkin County records. 1.5 Project. "Project" means the Real iro'Derty and all Buildings and other improvements now or he.rea£ter located on the Real Property. 1.6 Condominium Map. Condominium Map" means the Condominium Map for the Clarendon Condominiums filed or to be filed in the records in the Office of the Clerk and Recorder of Pitkin County, Colorado. The Map may be filed for record in whole or in parts, sections or supplements, as construction of the units and other improvements are sub- stantially completed. T_�p (or any part or section there- of) depicting units shall not be filed for record unti the buildir1q. in w_ hicna. s are located has been subs-,Iz-tially completed in order to permit the location -eof, both hot zi ont.alI and vertically. Eat such ;lap shall be filed for record prior to the conveyance of the condominium units shown thereon. Each such Map !;hall depict and show at least the following: the legal description of the land and a survey thereof; the location of the buildings; the floor and. elevation plans; the location of the unit within the building, both horizontally and vertically; the thic'rncss of the nommon malls between or separating the units; the location of any structural components or supporting elements of a building located within a unit; and, the unit designations and the building symbol. L•:ac_h such11) s'i;?' 1cont_a the cnrtiS; Cate _ 1 t the Map ;Ubstan of a re_gis�ered_landsurveyor cert�i_ng_ �a `„ '"' tial.fy depicts the location any t11c hot.izonLal and vertical measurements of the units, the unit designations, building i J symbol ceili.nms as constructed, the e ations of' the unf'inishcd =loorr, a:.•i that :>uC)l Giap ..:I'- p-1;ared subsequent to substantial co::.plction of the improvoments. In inter- preting the N-ap, the phyr;ical boundaries of each separate unit as constructed shall be conclusively Presumed to be its boundaries. Declarant reserves the ri(�ht to amend t1:e rlaD from: time to tim1C, to conform th, S�'.mc accordln,, to the actual location of any of the constructed improvements and 'to establish, vacate and relocate ea, errients, access road easements and on -site parking areas. 1.7 Indivi.du�.l Space. "Individual Space" means an individual. air space_ unit as herein more particularly defined. An Individual Space consists of enclosed rooms occupying part of a Building. EAcil Individual Space is shown on the Q _ dc- (minium MaD and is o: et. 1 le_ arc.on_��.s:iL@L_nvnbcr. The oun arias of each Individual Space are shown on the Condo- minium P+iap by heavy lines along the walls, floors and ceilin--s which marl, the p3rimcTer boundaries of the Individual Space. The exact boundaries of an Individual Space are the interior surfaces of such. foundations, walls, floors and ceilings which mark the perimeter boundaries and, where found.aloz-r, such foundations, ':lolls, floors and c-Alinas, the interior surfaces of built-in fireplaces and of vlinda:'s and door:, irk their closed position, and the Individual Space includes both -the portions of the Building so described and the air space . so enconIDa:ised. Any Common Elements, as herein�.ftcr deli nod, which may be_vlithin all nc iv1C Z -Spoce shall not be D,�' .of #eZndjXj_dual Dace or tied m, by the 0,aner of the Condominium, Unit, as hereinafter defined, of 6% C the Individual Space is a part. 1.8 Comipon Elements. "Common Elements" means all of the Project, except the portions thereof' ::'hich con �.ute Ir_diy�idu.al,�n_^ce, and shall include am Dart of any Building or any facll. �. us or fixtures i �1i .:a}' be lYlt!1i:1 T_ndl�: i - dual Space ::Rich are or may be necessary or conv3nient to the support, existence, use, occupancy, oper`tion, maintenance, repair, or safety of any Building or any 'part thereof or any other Individual Space therein. Without limiting the General- ity of the foreEol!'. , the follo'aln(; shall ConstitutC COT::'.O^ Elements: (a) all of the Real_Pronerty; (b) all foundations, columns, girders, beams and sunoorta of any Building; c all exteri_, 1 s of any Buildin , tnc m3ir, or beaoi 1.i1 n any 3uildlriz- the main or bearing- subf:l.o; i ^ and the roofs of any Buildin ; (d) all entrances, e::its, .e'rterior storage spaces, stairs, stairways, landings and fire esca-jes not within any Individual Space; (e) ail service anti mair_,:e- nance areas, SraCe fixtures, appara'�us, instal J,iO. andfa&!llties for purposes of pc::er, light, gas, telepho::i" television, hot lYc.ter, cold 'aater, hea t:;, refri eratlon, incineration, trash :0 shin;, cr similar u-cilit:.09 , _'_r:clud' Il9 furnaces, tanks, p'u.!)ps, motors, fans compressor.n, venl:E�, ducts, flues, :'Wires, pipes, conduits and other t is^lice f4 tures, apparatus, installations and faCJ lilies, Provided ,,.ncy do not exist solely 'to serve an Space in %•which t!iey may be located; and (f) 11 i'ecreaticn r;'. 3, open space, landscaped areas, ::a11.:says, pares ink e.rc�s a:1d <1-i iveways. -2- 9 Condoni ni.0 M Unit. "Condom' I Unit" means an Irdi _du::l SpL1C(9 to ' -ether witih the unc:.. 'td,:d interest in the Common :;).e,;ent:; appurtenant 'to that Individual Space. The undivided interest in Co.Timon Elements appurtenant to each .Individual Space is set rorth hereinaf.tur. • 1.10 Ownc'r. "Owner" means the per':;on or persons or entity or entities, including Declarant, who o�:n fee simple title to a Condominium Unit. The term Owner shall not in- clude the owner or owners of any lesser estate or interest. 1.11 Guest. "Guest" means any employee, tenant, guest (1':hether or not for hire) or invitce of an Owner; and any person or entity who has acquired any titic or interest, less than fee simple, in a Condominium lin.i t by, throw -eh or under an Omer, iiicludin a lessee, licensee or mortgrgce and any employee, tenant, guest (`shethcr. or not for hire:) or invitee of any such person or entity. 1.12 1!ort[{uPM1. iortgaGee" means any person or entity who Is a mor_gagee under a recorded mortgai;c or a beneficiary under a recorded deed of trust or the holder of a similar recorded security instrument cricu:rbering a Condominium :.snit. "First Mort„gat;e" means the i:icrt a?ee under the first and most senior of all recorded I:lortg ag es, deeds of trust and similar instruments encumbering a Con- dominium Unit. 1.13 Associ.:ition. "Association" beans the Clarendon Condominium Association, Inc., a Colorado corporation not for profit, its successors and assigns. — 1.14 General. common Flements. s"General Common Elements" means all Common Elements except Limited Co`,,mor. Elements, as hereinafter defined. 1.15 Limited common Elements. "Limited Common Elements" means any portion of Common -Elements desipg- nated herein for exclucive use by the Corner of a particu- lar Condominium Unit. Econliccted to an. Individual Space is hereby dcsi rated :or ;.Ite ey_clusive use of the Owincr o f the Condomi:ium Unit to which such natio or balcony is connected. As used in this Articic, b�llcony and patio si,�tll include only balconies. and patios wnicn are accessible only frc;r one Ind.ivic3. )al Space. 1.16 Poi.n_`s �'C— 1i—=�" l'..'e r'.laT n' ].0 £:1 4.*;rrures a.'.'Sl :�i'Cl to each individual :Dace tC i'i;� the nrC,)Or*c U.^.i�":U interest of the O:rner of that Individua1pace in Cc-,ao:1 ::Te:;,cn s, the proportionate votir. poorer of that Qaner in the ::sso- ciati.on and the proportionate share of the total assess- ments levied by the A s_oci.ation to be borne by that 0•;:nar. The Po ir:ts assigned to each I::G1Vi_dL'_Ll `,•=pace are set forth in EVhi_bit B attached hereto a:ld made a ;Cart '-ercof by this re crcnce, and renrcnen•t the nomiber of square i'eei of floor s,ace contained in cag ��l�x1_?_. I' �: u_'- ���:cc. 1.17 Total Pa in.ts. "Total Points: :scans tl-,e sum of all the Points assiu—ned to each Individual Space in the Project. I r II. DECLARATION A1,1n EFF?:CT T1�_'1iEOF 2.1 Declaration. Declarant for itself, its succe: oors and as.nij.,ns, ao o1':ner of t1he P r c ject, hereby d.cclai e.^ that the Projo ct shall at all times bo O.,!ned and held in condo- minium ownership udder the Condomi:ium uwnership Act of Life State of Colorado and shall 'at all times bo ovined, held, used, and occupied subject to the provisions of this Declaration. 2.2 D i vision rto Condomi.ni.ura !JIni ts. The Project is. hereby divided i-nIzo CondcminiLlf.1 U!'il"t:c, each conrsistlnr; of a ceparate fee :;iople estate in ,µ particular Individual Space I and an appurtenant undivided fee simple inters. in the Common Elements. The undivided interest in Common Elements appurtenant to a. particular Irdi.vidLMl Space is a fraction, the nLlsicrator of which ?.s -the Points ascizned to that Indi= vidual S-?s.ce as shown on Exhibit 3 hereto and the denominator of %'rYliclh is the Total Points. Each U,rner :shall orrn his aoour- tenant undivided interest in Common Elements, as a tenant in co;?mon with all ocher Owners. 2.9 Descri.n-Li.on of o. Condominium Unit. Anv instru,^ent affecti n'- a Condo:u i niurr� unit may lel;aiiy describe it b;; r;f- erence to the identifying Condominium Unit number shown on the Condominium I:izp. This identifyin nlsaber for a Condo- miniwn, Unit in the Project' is the nu fiber on the Condominium Hap identifying the Individual Space :ilich is p_xt of that Condominium Unit. A le, -,al description of a Condominium Unit in the Project may be in the .following form: Condominium Unit _, The Clarendon Condomini urns, City of Aspen, Pitkin County, Colorado and any conveyance or other instrument affecting, title to a Condomi ni L,_n Unit or any n^rt. thPrea ' shall be deemed to in- clude ani. de-.cx: alie the entire Conddo linium Unite.: incl l''din-- •: ,v appurtenant undivided interest in Cc,:r::aori Eli:nvnts and all of the rights, easements, obligations, limitations, encumbrances, covenant;, conditions and restrictions L•enefitin Or burden- in.- the Condominium Unit under the terns of 'this Declaration. Any reference to The Clarendon Condcmi niu:n s in any des- cription shall mean Tile Clarendon Condom ini.LUr0 accordia to the Condominium Mia-o and this Condominium Declaration, bot11 as filed and recorciod in the Office of the Clerk anal Recorder of Pitkin County, Colorado. F 1 ini c Th r 7 r 2.4 Duration o�, Conc.o;n_.._L.:n U"mer..hi.p. _l.c cc.:•_o.al.uuin o,anershi.p of he Y?.'U J CC-t C•L'eah Cd L:Ih:1C1' 'll�i 1.)Cd.^.1Far It'0rl P1:?cal continLIC until this Declaration is terminated or rcvo ed as hereinafter provided. 2.5 The separate estatu in an Indivi- dual Space and L11c appurtenant uridividcd :.rater oct in Co -I".. -on Elements which constitu•-C! a won. ominJ L:,I Unit ^ 11 be i1h- separable for the period of condo;:lini.u:n o•r::?ersi?ip :ler, cir:- above describes:. 2.6 Partition not Permitted. The Common Elerlento shall be owned in cum!!ion by ail Owners, and thero ,.hall be no judi- cial or other pa)- ition of the Ccmmon Elements, or any part th(. f, nor shall. any Owner bring a ction seeking parti- tion thereof. q? ArI %•.!IorPm Ta),r`ti_nn. All. taxes, astiess:r.ents and other char.-c of the Statc of Colorado or of any political subdivision cr of any SceC L �11 il'.MrOVE-MUrt �i�'tric or o:' any Other $: i:].n�; Or :1s.iC S1n r aU vllUl"1 ty shall be iL:;: CSf;Cd il?:11 1St and co:! lectea on each COndOmill'-Ll,"I Uni" separately and not or. the Build.in or projoct as a whole and eac}: Co,ldominium Unit shall be carried on, the tax books as a .separate and d i;;tinct parcel. For the purpose of valuation for O.Sscasmacnt, the vflluai:ion Of the C0:6mon Ir1C :tints }1311 OC illlpor C_oneel among the Condominium Units in proportion. to the fractional undi.- vided i.ntere ;t:: in L'o:nmon Elements included is such Condcalirl- ium Units. The ,,sLocia•tion shall deliver to the CounTy Ass::. ,or'•of Pit;:'.! Cou:lty, Colorado, a %-xi t-ten notice as recuir•ed by tile CU1:dCmillium OrrllOrship Act of Color^do, set- ting forth descriptions of the Condair.iniLzri Units an -hall furnish all rccc :sa.ry information with •re:.•pect -o suc}1 norticn:lCnt of vau:stioll Of COrn:.O^ Js'lcnlen'ts for assesm'."I tint. `Ph3 lien for- to-C..S S13t;CS`SOd to any CUP_do.� niun; Unit shall be confined to tha': Condominium Unit. i?c fori'eiture or sale Of Ally COndofiini. im. Unit for delinOLlent taxes, c"'.f.'.`.'usc Cnts or other lrover•nmerLi:-,l charges shall divest Or in any way aaffctt: the title to any other Condominium Unit. �, U Cr!•^•._'.:CS_I i Cn:i. No la bor pCr formed Or ma per? als furnished for use in co:incction with :lry Colldomin^unn Ur!it With the consent or at the request of the O,.:ner Of such Con- domini Lun Unit or his a ;tint, COntraCtOr Or Sa icon crac or shall create ally right to file a statement of mechanic's lien against the CondominiLmi Unit of any other Cm-er not expressly consenting to or reauestin; the same- or against any interest in the CommonZ;l.c;ne:lts excep t the undivided interest there�r! includcd in the Condominium Unit of t1he O Mer for '::ilxn such -.all ha�.0 p r•f• mcd. Or '?L�C.h ?'��.:,'i.l.;lj r rn�l l have labor r, f;c.en e cr .,. been furnished. Each Owner sha11 indemnify and hold harmicss each of the other Owners from and against liabi 1 ]. ty or Joss arising from the claim Of ally lien amatins~ the COIido7:i.!lium Unit, or any part thereof, of .such other 0'rr :er for labor per- formed or materials furnished for use in connection first Oerner'r Unit. .,It t}lc ;:ritten rcque: t of any Ov:ne:r file Association uhall enforce such indemnity by colluding from the Owner of t)ie Conflorllni.u:1 Unit on ltih_C}1 trl labor as Der - formed and/or for which the material. wore 1'urnis!:ed `:hc a:r.ount accessary 'to discharge any such ).i en, irclur.in all c• r� i r i h^ pier 'n ,! i f if not CO.�t 1C_.d_'n'.,:.. thereto, 1J...lU' n'� a't'tOrnC;/``•; e5 �� the Association. may Col.1eC z 1f1i - ;''• i n the uro:nptl,, p-ici, manner provided hmrein for collection Of as:.'essme-,�s IOr' t}le purpose of discharging the lien. III. :'ARIOUS RIGHTS AN'D ErSEc;EN'TS. 3.1 01•:ner' _ Rights in Gener:.,,.l Ce•^_noon=_1=C^t:i.� Subject t0 the p:OVls10_'':. OIG;•^C1, an �C�'ac... OY:ner' s GLIC— is shall }1.Lvc it nont3::C1USiVe rid,•: L 1:0 Lt: •e c.n0. C 1- joy the General Cc -,am -lion Elemen-�s for the ".ono,:-^-5 for C flies are A �thcre is r_o ^ ; ,. rdance orE:ncroacli inte:;L, , pro,�Itc ment upon the lawful rightS of use and enjoy.fient of 01;'cr -5- Owne: nd their G!iests as described i is Declaration.ard the rules and regulations of the Asscci:. ion. 3.2 Oernc:r. ' > Ri rhts in I,i:,:ited Common Elomonts. Subject to the provisions. of this lleclar'cztion, each, Owiifjl Lard each Owner's Guests shall have an exclusive right to use F.nd enjoy the Limited Common Elements included in the Condominium 'Unit owned by such Owner. 3.3 h_ts inInc,.i vi �i u:i1 Space . Subject to the provisions of this Declaration, each owner small have full and complete dominion -nd o'::nership of the Individual Space which is part or the Condominium Unit owned .by such 0�rrr7er. c:nd each ! Owner and each Owner's Cuests shall have the exclusive right to use and enjoy 'the sane. Each ON.:ner shall have the right to paint, renai.nt, tile, wax, paper and other+'rise refinish and decorate the interior surfaces of the walls, ceilings, floors and doors which are or are within the boundaries of his Individual Space. 3.4 Asnoeia.tion Ri_7hts The Associsa-t_os: shall have nonexclusive rip.ht and easemer_t to male ?ci7 use of General Co:rmon Elements as may be necessary or. ,:cppropri.at•c for it -;-o perform the duties and functions which it it obli aced or per- mitted to perform under this Declaration, and_a nonexclusive right Of entry, after reasonable r':O..lce �C the Owners, during reascnable hours, into such Lic:itcd Common Elements and Indi.- vi.dual Spaces as may be necessary for the operation bf the project or for making emergency repairs therein necessary tc prevent damago to any Condominium unit or to Common Elements. 3.5 0�mer'r, rasernents for Access? Sunport and Utilities. Each Owner shall have -a nonexclusive eisement for access be- tween the Individual Space which is part of the Condominium t,. . ncr and public r,t,i^=t,')[' ^i:rC.^T.c, '.f7^'l.'•.p].n;; of :;uch (,,��..�_ � i7_ _...�.� without limitation, over the recreations areas, open space, landscaped areas, parkin; areas, driveways, and any other exterior access and/or Other easements vi:dich al'e part Of the Common Elements; each Or: ? ni/ ^ nonercl.usive easemerit in and over Co'n;;:ort Elements, includina� Co!.^.:ii SL.L4.F.+ en him 1 ua_ space oY another. 'evr;er , fcr hori^ z 1 and lutes support of the in ividual S. ace v_ili] ch i s art- of his Con omin um L'init sand for utility service pl'ovirec: to that t s, Ts,electricity, Indiv!uai c-I]-�*inY;-w='t ;�, �cW.Cr, �...s, telephone and 'television service. 3.6 F.ase.nen= for hart of the 'r.ncroac7! r_� t:_ I i' s:n.r Common �.C.m�%—c11��`tcs o� '.,�-;?e r•:a.fter CnCTOaL' 1 upon an :individualG:?CTO.^..C^ :e:7i: l l for the maintenance of the same shall crest. if' uny .Gaut of a hereafter encro?ch any Individual,,pace encro<..che� o.: ;;h 11 uDOn the COmmon .'Jemcntti, Or upon anotmor lndiv=dual Space. the Owner of that Individual �aace shall. have Lr. e:lseren for such encro-chniont zoid for the r1;-i intcn ante Of the SO -Me. Such encrcaci nents shall-r?ot be considered to bc: encumbra:Ices eit!ior or. the Common '�lcmcrts or on Individual S. cep. rn- croachments referred to herein include, but r_re not ?imit�a to, encroach!,ioi-Itc c:.';uscd by error:' in the of-i.g pal con:;'rUe- tion of as?y Buiidin;_ , by error in the % inCtO:.`!]..'11U:7 '.a'U , by settling or shifting of any Building, or b.y c11ar.;;cs in M :)O on. caused by repair or reco:l3t ion of tho .yro jest or a1V .: r th ,rCO' 3.7 }; _ __for It !•:linte- _a: r?,ftt_ini:"' ill �)':d.LViCi,a?.L ill^C: Cgi_i' ,rt-r !<;1.C:i. `,iOait3 U1 �f1C CU 3.".:Ja '.�ll?i6C'n'i�s o-re or non— re aril mC ,,. __ T be conven- may b., locatecl within an �ndividu,_1 Spice o_ aliaY ient3.y accessible Only ti rOutYh i:n Inc:ividui Sp%.ce. The AiSGCi<' tJ Un ahfill 11FLve ill, easement for uccess through c ach Irdi•,ric dal Si3rlec from time to time duri r:; e;ucll reasonable hours £).c fnay be nCCCtl:ia:'y for the maintenance, repair or repla.c^: cat of al":y ci' 'tlle Corf,mo:: hl.eriF`nts 1oc::iteu tliarei n rs or acce:islble �•herefrOm or for ir'Liiitlf� vliCrk..-'nCY )'C-- therein necessary to prevent di :ciage to the con)nion. Elements or —to another Individual Space. 3 3 ]rCt!Tl i(rCnOC OT L.1l.lf111 i% ridi.1c_i Any d<:!ti3!?C t0 any (;OndG:c:i niu%l Unit CiIU:iC(1 i;y the t1C^11"Orice or wilful I::iscon- duct Of the AssOCiatiUn or an`; of its ai=t�"�::� any entry into any individual Space shall be repaired by and at the e::- pense 0_' the Association. },i..:ht to Combine Co^do:ni niurc. Units. Subject: to the 3.9 �_y�.--• i ti r• ri nh 4 'i_n COn- iollowin.f; provi• xon`�, an Ue:ner. _._, ay� ilC Cbine a COndomiAiu:a Uriit with UI1C Or more 1<3�0 jJl!^;T CO.^.`�c I;iL?'- - -- lleclal=ant, and any succc� r ).t,n oi' i7 c� lum.L..� ��. ant ,vllo has succeeded to subs,,anti,llly all of the a sets and business Of DeC1.arant, shall hs ve 'tile for et',oin? rl�lit \':itiiOUt the neces!,ity of* appz•ov l by tl,e ,,ssoc1ation. i.ry Ota:_r shall have such r. ilgh't only after obtaining %%-ritten. :approval from the Association. 11 become effective A. co^1_bi pia ton of Condominium Units = )lr•c ,;;n be — oni �fhen the Oviner. of the Condominiur, Units ch a to combined executes and records in the 0=ficc of the Clcrk and :recorder of i'i.tl:?.'1 Cellnty, Colorado, a aar.itten_statclaent nn,Cr-bi the (;on6omi..nii1fn Unit- ti;,i bf; C-.1,_0 t •rL 'jUCL__CLCLa_ U:JLtt;? tha�:il�same_.ara< cu. Ui.ned. in the event of such combination Units, 'the Indi.v of Condominium i.duai Spaces Of each may be deemed onw Individual Space and the urdivided interest'in Common 1?lcments appurtenant to each of the lndi vil ual. Spaces so co:�bined many be deerned conlbrnc'd ::arid, as combined, appur- tenant to the 0119 enlarged IndlVldual SPERCU \' nich" I coultc nn frog: the conibiniti0n. 1n the even', of such comtb• at:O.., �..y DdI't Oi 'thC BUilding 1'(itlliri the neli pe.ri Cter ccu!:dories of the combined Spaces Ol: ll cease to be CGa,Mon El MaCt1"i:S if SUCK p. rt of the Luilaing, ::GuJ.cl riGt heave cons t1- tlltCd CO:rpIon }ilcm nt i h8.d the c0 :7i.:ii'G C Ind:LVl::ila1 S:Y3^i'�; been 011 the Co L.. r: )•.:a'i L;S a 51,�1la- Gx �al:is .lUclt�c 'U such CO- diviL'ual Spare. _Fle nutab�r of bined Condor11fi1!Uu Unit, shall --o'LliI i;:le sure 0f L11C iObi,e previously ::).11oeO Lied 'to each COridO.r:,in_Jum Unit co cOIf:�J111er1 3 , _L22 J:L'd, I\G yV .10 Farti.ti_Gn of T.n�i.��iclu�.]. S;>:,cc� l Owner E'liall par`* or 3ubdiv,ue any CGI':l:):rtJ.;t1U'; �111_t O to Conveyto a p='Cf3p,.ctive O`aricr'an J.n1.:!rust J.r'. loss th£a:i ^•:1 eLtire IndividU.11 apace; provldcd, tioi'fever, that an Owner of 1 a Cordf):niniv;ll Unit Consisting of tW0 Or more COndominlu.m J Units combined pursuant to Ar-'.:ic1 e 3, :)ray partit on and eub- diV1dC such Cc!n,;O!niniulr Unit i.rl'C.0 C0:1: ,1C1a111.i1::1 L'ni ia; (OilTU1:::lr:p io the dimen?ion:, Of tiie Individu..1 Spaces described in the Condominium �;ap defined in Articl-e 1.5 heroO= . F.n O'anc,r shill: WAM 1 have right, if such Owner o,:rns tvrc- '.iacc.. t Condo.ni ni.um Units o create a doorway between 'th dlvidual Spaces in any com^1on r„�11.. This Article i:; not ....�:�;?ded, 1?o:r_vcr, to prohibit joint or common ovrner,,)]in by ts:o or raurc por sons or antit:i cc of a Condomi ni(irn tini .. 3.11 Other Liens Avains't General or Limited Common .3. 1'.0 i:Ca. i'-t10.^._'1 11CI1::, Otti tl:.^....n l' C, .j7,nlc.�` -ions, L] eMc�. assessment liens or tax liens, or any other specific liens specifically provided for herein, may. be obtained against the general or limi tcd common elements in ,-;hich a Unit Owner. has a percentage ot•.nership. IV. CFRTAIN RIGHTS AND OBLIGATIONS Or TEE ASSOCIATION. 4.1 Association as Attornev-in-Fact forO%rrners. The Association is hereby irrevocably appointed attorney -in -fact for the Owners o:f ail Condocniniu : Units arid each of 'them to manage, C c ea tin n : no lrtq_ - Of _. i(--}1 Q,.RPY In 'or:=10n .:1Ci1 L--�0_as. t0 1)ermI Chi AJJoCI^i 1011 t0 ?Ulf 111 a_ of Its dUtiCS _ac c lOnC lei e(inuer :anal t0 ex'"Iciso all. Of its flights hereunder; 'to deal with the Project upon its destruction or obsolescence as hereinafter provided; and to deal with and handle insurance and inZUrrU-0e proceeds and condemnation and condea:nation awards as hcreinaftcr provfded. The acceptance by any person or entity of any interest in any Condorni nium :)nit shall consti.tu to an appointment of the Association as attorney -in -fact as herein _r,rovided. 4.2 Common =lement i.:air.tenance. The Association shall be obligated to provide for the care, operation, : anagement, main enar]ce, repair and rep acemen I... + • . ...ents. _ ( _r — '-d obli - lriE}]out—ilml"lno e ge[?er '�1 r gations shall include keeping 'tr.e: Co. r:non Elements in good, clean, attractive and sanitary conceit' °n or�c er and repair; 1, r.. c nd any ether materials i rom the Common �1Cr]ei]ts r. c,..C, L, . no]r to permit access to the Project and to the Ir:dividual Space of ive Y.sepi.rn the Project safe,;Ct each Condorirriurl Unit; o and maintained in a manner es_1_r . =� resi ciential cornmu pity; and making necessary or desirable alterations, additions, betterments or improvements to or on the Common �lc:nents. 4.3 Ot)�cr Association Fur:cti.ons, The I`.s_-ociation may for any la+af ui ��ctivity, , function or undertake. or contract of all service for the. benefit, or to fUrther the interests, , so:CC Or at?V Ci]'tic rs Of Condominium Units On a L;alf-_surnorting, SUCC1;11. aSseS:i.^:]nrt Or common asselss.men't b^si-S. SUC 1 i_Ct1Va-- ties, functions or services may include t),c providing of police or similar sccuri-cy services, ;:he provldln7. Of iirCY;OOu, the providit?; Of .legal and �?ccounti ng services necessary or r t+ tin Project, or desirable in Connection with the Opera ion Oi the e:?f'orcement of this )7ecl aratlOtl, and trls:? collection, ;UCi II nC'ti.7 ;; sewer service arri other commO.^. is?rV1C i. Ii Or services inCl(1dC fllrnlSl]..n v or providing , sC :'V1C� for 'the care and maintenance of COndominiWR Units or the rc:ritinJ, leasin , purchas'c:, sale or eichar:�rc of COndcm_,niu::l Units on behalf of Owners, no Owner shall 'DC rccuircc to utilize t!:e Association for s((Ch services and all Costs and expenses b• chary; to t)ic Owners vr: o U'i i li-e -:c)] scrvi.ces shall � � ed t�:^• and not to any other G%,;nurs. + Labor_ aridSo -vicr.s. Thy a ti.on :nay obtain end Pay the scrv.1�:C of an" 1)ca'::Un Or ! '-" , :":?!?;1j C its ,�J*fairs, or any pa.'i then. eof, to -the c::tcr?i; i't deep:_ ;avisable, as %.!ell an tha scr.vi ccs of Such Other ncr::u::.^.C1 :1. 1.'.?C At'iSJ.^- ciation shall determine 'to be necessary or aesirabic: for the proper operation of t!lc rrOject, whothor cacti personnel arc fur:­i.-,hc:d or emnl-dyed di.rec'cly by tide As.,:oc:i.;vcion or by any person or entity wi't'11 vrhonn or .which it contract's. No chan.e in suci'l person or entity skirl). bucoroc effective until thirty (30) days after vrri.ttell notification of such c mn,ge -' including any change in emriloyee:, of a corporate cntit;Y) is SC!lt t0 any First ;'•iOrtf;;ljTr C 1•. —e namc: :and a6dress 1S cxprcS'L+- ly provided in the recorded mor.gage, deed of trust or other lien. 4.5 Per. OnLl� Pr opert'! Of /l_noc.l. On. The Association may acquire . and ::old tanf,ible and intsarl il,le ucr lor:al ?. royer'tr and ln:ay diopo3-c Of 'tric same by sale of o�!?cr';:isc. Su aect 0 'the rules and regulations of th,n Association, cN_ch Owner and each :vncr'CuUs s Y use: suer! Property. Property. 'tf=r1'.t: . miaticn Of condominiu::l 01 ner'saip of -the ey..,ojec't Find dii osolu' :I i;n of the'. Associaation the beneficial interest irl an, cr,crl pit:perty shrcl.l be « oemcd to be owned by the then. C:,,nci-s lil 'the s:_nlc }ronOrtion as their resnec'tive interests in 'the Co::l:..,on F.le-?opts. 4,6 !2ule, >lnri Rc.rrulo'i:i.oas. Ti?e Association nlc.y :Hake and 1. enforce reasonable and ulnifonniy ap;)llcw rules and re,!:!,-ulatl:,ns governing the u:;c of Individual Space and cf Co:r:nnon Such rules and r-gulations may, .:ithout lin:il;1'ti0. ( ) reZ, late use of Com-raon Llonients to assi!re eglia't; ple use ana en,l,oy^ meat by all persons entitled thereto; (b) require that draper- ies, shades or other window coverin-s stall present a unifo r; and attractive anpearance from the e4:ter for Of Jhe t3uiL'li n�; and (c) assign part icular porticrs of stor',._e are:�s iithl.n the Common rlen?crts for exclusive use by Owners of particu- lar COndcminil;n;? Uai c:- The Association shall furnish each Owner ';:ith a written copy of cacti and every rule or re-ulation adopter! pursuart to this Article 4.6; Ylowever, failure to furnish said cop; shall not be deemed to invalidate said rules or re-ulatlons �o any extent. The Association shall have the right to enforce any of the rules and rc�ulationo of the �tscocia ion, 'th.E! O?,). .r;at?.onz of any Owner ul.der this Declaration or any arovi si on of the Articles or t)y havi nS the .h."�OCla'i:.'tOn a^S.C::S fine c r $ '! a r:,.n C'C Of SL1 C!i Crane:r to a�',l].nS't u11C11 C1:•:.1, _ anal/or usperul '�i: y u: e 'the l: eereatioral Co:n:norl plc :^(.n cc � nd lclr suspc. :�- r'-t ';j: Of SLIch Owner to vote at rncetin `•s Oa' the I.— iOC1Ft'tlo.^.; pro- vided that �.ry such fine may no;, e::ceed 'ti:� suIn us �'::o ill!,7 dol).a.rc (:;1200. 00) per violation and :such LIZ .' �lr.d/cr � otin p ,r1 d l na •thari thin"t.y silSpenSiOri ma not be ln:pos::d for F i.. O G...,Cf Per viOlacioll, If a.ny such fire j,npOsc(: o.. an (30) days ^�i�i:� b i� not paid u-�� C' :ncr O'n'ner y the h�socia��ion �; � :. sixty (60) days cfter Said Owncr h-as a'%cci' :! _rccl:sc0- ClatiOn P:rtttCll flOt1CC Of the].7:n^Lition oZ' C. it ?,1'li:, tt?ert shall be added t0 ":: Ol!rl � Of i!C the amount Of fiL?CIl l.nl Heil tin en- forceable :asses.: Vent charged to aic C e;ner can c n r•� 'nith : VI rOT'CEc:b1C �.:; all 1. , oe.,S..IC., i.P. �'_CCOrI,arCC •. . hereof. I'!o penalty may be imposed unl!cr 'this paragraph until I 'the Ov. jecu^ed of any such violation boon afforded the rif''h't '1.0 'i:1vv a 1?car i ng. bcJ'0: e` IlC'. .'Uil1'U �I !)iL"E(:'1:01':: of Association or a cent, ttcO de i; .:'1. tc"I :; the i;card 'i o co:xE::ct ] �,_ 1t1;' d such rl' EaCh ....y^!; ,....' C: such Owner Shall 11a70 -the right to be heard in porc-on, by sub- nllssion of a written st"IMT1011t, or thrOl.:iih Fl :;;)O!C!)S'in;!.Cl, a'G any r.' ic!1 }1C�.I�lllf�. rile j,.ssociation raay III..G 'ta!:e JI1101C al iicti0:'1 R.vilinst anv 0Y.- !(;r t0 enforce co!! pliance l':ith Such ru1C:i, reCui ;tions Or Other obligation Or t0 Cl)ULin dF.:Cot',es S'Or ron- COn :)l'la1;Ce all to ' ho e::tent permit tCd ])" 1.0 `... E, , 'j �'O _ _ ho As'-:Jcia'tion shall j"l have no r i,rn-c Of 1'11'2t refusacl Ur nic authority 't0 is^pOue ot!1C reStricticnr, coacernin; ?c- sale or. lease of. a Condomi..^.- Unit or -anyo,t! (-'1' rentrr:.iii t 0 on the free alicnability o: the Unit, e):ccp't < !, Uticr wise provided for horelrl. }r. IU'•il .12C� I?J:T,tl�t^. Tile Association : shall hava andylri-a exercise any r ia'tlt or. pri.vilego givf.!l t0 tt UXQre::Cly by hls t c. ` x'L a::o:::lb Ly 'to :!, i l.iaci fj or: the I!rovi ohs J�eCI%3Cn iOr1, :;� Ofthis!)CCII-rr1t1UI1, or t,iven or l:a:])11CCi Ei�' la,.-.,, pL lIJ.C!1 lr.ilV be P.( CCEi57ary Or desirable t0 fl01its is duties, ob1l ration , runts or phivilo"es. V. THE AS:ACIATION. 5.1 C,?no'"al. j'll1 DOFF ^.nd Fo_'•'(rs. The A3s'oc..F.tion ha, been or v:ilt be i nccrperated. -to be Ca 1'd cons�.i tute thei- tion to which I•eforonce is iradc in this Dcclara-tio!l. 5.2 1+;�rnbc:rshi]l. };'ach Owner, by virtue of being an Owner and r -o long as he is an Or,,"r, ::hall be a nlerl'Oer "' of the Association. 5.3 i;Url?^(i V r:'i 1`(?t;t01:_�, i'fl1: a11311'r; Of 't!�c n:iSUcl�t'�ii�i: shall be !hall ;,e? cy a Board of DivectorU• which !:,.ty by resolu- tion de.Legate any portion of lts authority -to an Lril�u l _v: Co^!mince cu:uNo ed of not fc`.+`er than two lllr•cctorc: , of the Eo.:rd of Jir-c' 71-! shall be elected annually by Ghrlers. The na:nber and qll: lifications of Directors s!1al t. };:; as nro- vi.ded In the. Ar-tic'.:):S of incorporation and ::y11'::� clCJ- ciation. 1!1]. Of the Directors shall be Ov.,norc 0.1 Conciominle_n vrho are cicctcd v;hile Declarant knits erce?]) t ellOSl Direct;) rs is the 0`:rr.zr o::' t rce.or more Ur: tJlnll [1 Units, cne vot,:. r : ovi�:ci d for each Point :lcsi.�r.cw 'to hiS condor:!in1i;%; Unit so lon- as Declarant isth; C'''r/C1Gr of t:1=8c Or '^1Jre (;OCt{I0;1inlU:n the r.'i ht -%O clOct "'c- iti.rds rJlli't�:, ll cl lr:�.il shall have _ IC , �7_/J) or Y ",.•'s of the Beare Ui I)l.rec" i, ? Or:a!':��. hall 't a: .•bC1. � t •tl `'Or C:lc}7 Point a:;:;' �;r::;r1 to 1LC C:On,!o^:Lniwi ?L""'e VG'G_3 _ Uni-to rUI pu.rposes, Of votins on a'1 aih r tters: ch n:ay Uhl :ss Ot: C't":'1 C 1)_ t; I Cd 1!1 be voted a on b .he Oven(:_ s. G CIEr Ofy.tll%Orj)Ci: tt10!l OI' iEl'r:S Ui 'i!iC Ji:isoc'-.lt.lon, the Ar '" a. v0'tin(g by proxy sh".l.1 be OCrmit-06. Ir1 Ct: cvcnt o: rill��a')1' GY::':er'S 01 the ::il::'!G CC>!U:10^ll!111ia1 Unit, t!;C ..:u1 La.p._C Owners E3::. ;.1.1 share �-i- -r•�c .",.^„�11',rlcd t0 the vU :(?.:anin t:!n L:11 � .^"O U'."!1ca .in vo'� _ }.c,re ,r--e �•Or)Or't.lOn•• C.' 1nt CrC G'G E1S 1Ct.' .'_t"])).G '': _'L1:3 -co 'tile the ;..aMe p_ , a.l'� Condomini.a?n Unit is; hold. Su)ujcct to D:.c?_ar^nz:` 3 voI!-, rights aS abov- cot I'Ort:1, at a:iy el.c ct1U:1 ofts1C L^.r'1:?GErCi Of -10- -the rd of Dircctors of the i::;•` oc-;: i, every (.,-;ner entitled to vote :liay cum-0-to !hi:; vOteC :l!,.. „lt .: :Illy one. C)h more candi- date:� :.u:nbcV of, V(Jte!: OgUtll t") _LhC 11U.11'_)er Of votC o. ^ld 0,.-.nnr in:_- C"r .•t I!l 11]' C•ij-licd by the number of Directors to be elected. The right to vote may not be severed or separaltc-(i fT'c!:! any Condominium Unit, and any sale, '.:ra nsfC1' or corivc'- ancb of any Condominithrrl Unit to ^ new 0:':nr:r or 0vmcrs shall Operate to transfer the appurtenant voting rif;hts %lithout the rcuuirericnt of aMy express referencc thereto. �,� n;Otic^::. rlch 01^:ner shall tic cn-titled-tled to notice of a'ny rr:ec•t:in« alt :'+!li ch l uch 0,anor' has t!",c L iF;!a 'to vOtc. NOt�iCC:; Of I,lceti17,f; s1iall bC In writing and shall Statc the date, time C.and place of -the mecting and shall indicate eaic:h !-".at'ter to be voted on a•- the rr:cetir.- Which is !:noon to t":c ;: ssoci,tion at r . 'Such notices shall the tine llOtice ca the mcetin�; is given. 1 be gi.ven' not les°: than ten ( 10) nos more titan fifty ( 50) drys be -Core "tile daVe O (:.iC 1fICi'�ln�'. nrl;y' notice ohall be deemCCl given anCi al'.`f bu:,,'et Or Other infC^:' aticn or mlaterial. Shall Le dee.aed *'u:nisilcd o-.-' delivered to a p<:rty at thr.: 'ti'ML a _ccoy thereof 15 d' "O'*� •t.d(� 1(' 't1e I1a11 O- at a tcle-'rL i!h 0L-Cc, post-aCe Cr Cil:li';;C> prepaid, ,.dar,_-:;Sed t0 -tl,e party, ant; in any e-,le li•, when al1Ch party aC"GUclll;j 1'CCei.\'C i C,'UC!1 notice, _'.n- forma:tion o: :a:l.ter.11. Any notice, information c Material shall bo deeel^d properly addroosed to an Ul:'ncr ii it is ad— dressed to -tile name and address shm-m on -`he most recent 1':1.'i t- tc.r. nottice o_ f ^amn and address, if any, furnishcc' t0 the ks!;O- ciation by such Owner or, if a na:rle and address i s no-: so furnished, if it is sadressed "To the Oi,.,ner" at the address of the Condominium Unit ojL' such Owner. 5.6 p,(. o;:d !��.'te. The Board of Directors of the' Aszo- ciation shall tIctve the poerer to fix 4n advanc^a a date as a record date for the purpose of detcrmi.ning Ov;nc:rs t rititled to rloti.cc of or to vote at any meeti!7 or ; o be, f urn: ;hed a;:y budC'r't _ el:! 'C1' irlfC)1-7:2 G1C.^. C•r moi or:^ i r or i n Or•rc- i.0 muke 8 determin t.i.on Of CI':!7sr i for any purpose.-'0t':! tr.^ Standing any provisions of Article 5.5 } 'UrnOf t0 -the contrary, the Owners r i sting on any such record date shall be doe^icd the U1,'ners for ::l1Ch :'.UtiCe, vote, meet i.n ;, fu:'ni-o'n..n? of in- formation or material. or other purpose and for any zu )ple•- mentary notice, or information or ma.1'(er L,11 With +h ;arnc n;a"ttcr and for. any ad jotmlr-!er-t of the sane n1C•Cti.n A record s'hal.l. not i,)C I^Oi'e than Si.t .%, (50) da o priO.`_• `CCrd d2t i' to t!lc date on Plhic'i t!ho pr:rticul.2_ act1JP. L'i?l'U:�r7.!'%, r:CteL'- i1Ln.^.tlOn Gf (i`::'ner.,, a!; proposed Or e::pCct'e(1 %0 be a a Or t0 OCCUX'. If n0 _ date 1.:; . c =] i..itGd '� O_" a. r C i ln'„ file Gat n e O1.,hich I10t].Ce of suc', any G:`!.. 1' £ :alb be dce!90d the r,:.-cord date for l'•h'C ::1;;c;1ng. 5 _ he presence Of 0,ancr!!. 1-;h0 h0'd '10t3! �llCir(_m-n-- �' t;i7.1''C! O? -tile 't0"i 37. vot,-.�; 4O1:t'r r.l _ V.!:" :c:0 ec!ual to r.c- _ ,.,. _, _• tl Illcl't't:::' c 1.1_ tJ._tu to a tlu'.'?:.:"'i ''O:' "U:�' _(iC:� i0: ✓: t!18i matter. if a CIUOr u'll is cctabli hed, .1'OT.' CO!1�;:.:CT C.'I i0 n of a rnut•tcrr, except as a greatcl^ c(!rcea'_:;;:! Of vo c is rc.- (julrcd under a upe-cif' c ^.`_.OViS7 'rS 1} j <. � nC7 ail" S': subject 'to DCclararl't"s votinGr rlirh't;� F_,; 'ai't I'(:?'ta 2.1 ".rt1Cl_(i S r ^..s.jOT y Of 'i:i1L' Votes c ::it On (: ::;11' ',^._r CT., in tilt. _l case Of '' CC _Ono 171 l'llj C!1 i:hCl'' Gi't mr?T'a I1 lI'! :G Ca.nuida_i r.s. JIt plaLallty Of V�aes casj:, s►1all deci6e ::hater. j _ _ Tile-.purposeL Arti (:l�l� o C I: r?cornorrtti Un_ and .:L?•r;; . x,ld po;:'cr.^ of li:r .".�: oci lion ::?ci :c' i�:.;. :':id ool; >:tiCn with re:;p cct to Owners us mcrlbei•s of 'the 11 uoc i :tt l.o!l s:et :'01't!1 In this Uf••'cl::rai 1011 m1y and :;Ila'll bu amp.!if i ed by pro- vision:°, of the. Articles of TncorporatiOn urLd yl.aws of tr,' Association, including any reasoliabic pl•ovisiolls t.'i }1 respect t0 norpO].'itt0 m Itt(!r; , but In the CVCnt tIIal .?rly Such prolrl -. lions Lnay be, at any time, ancon.S•i:ltent with any provi^Jion of this 17eclara'tion, the provini011i of this ll(tclaration shall. govern. VI. ASSES SMAIEN T S. 6.1 A^,^es___e!Its • Each Owner -all be obliTated to, and shall, Puy'CO.the .lssociution arnUul.'tJ tLc, herc i n al'�'. er pro- vided based. on each Point a5si.t;n(.d to the Condomi.ni:1: Uni.-t of such (JCiller, t'r)l1Ch 0.aIOL11T'GS aVe !,crLin ca..l.1C(i ii iSCrian]( n'i i. Assess;(ients Shall include regular and SLIPplcmentaxy iaunts. SUb *1CCt .tO the provisions harcof, 'the Board of Directors of -t)le Ascocinti.on shall have the poe:r r. ar?d authority to de- termine all mat ter:., in connection 'rri'th r:ithout limitation, Power and authority -to deter:r. ae :her. and how it ess�ients :,hould be ]slid to the and each Caner s1;1:111 comply :vi.th :lJ.l. ::uch (etermir.'tio;:s. 6.2 2alerm in"_t i.on of KudRcts .tnd `_stile fiscal year oftlln r? soc:i.ri lion s}1a11 bf (iel ::-n%—Lnc(i by the Board of Dire c :orC of 'tllc lLssoclatior] at clu;.ir first m; c' in . within thirty (30) days prior to th�� ccrune;lcc:cent o_" eac:^. fiscal. year of the Aosocaaticn, the go�xd of Directors determine tho total. ainount to be raised by R^Lular AOL;ess- :? fi � The am-ount 'to De raised by r(lent^ (}t11'ln? .iL?C. t]C�.1 year. th , nU ; Oall;; .1 .=11' yS..C. b r f. Lt lfw� r. _:JL�•.): r. .-� fi. ].11 `'T f,)`i �: F yse n r the costs �:rld CXW. -•nsos of .ful furc'ti.ons and. ou)-ig;vtionc of the Associa-ion in that L.isc l year plus+ t!?t. e rt,;?ounnecessary for the C�t)i'to-ll r!l;,CYVC fund for Conti ngenci en, exterior maintenar:ce, reolacements r:rd .ril 11;Ilr0VCi?!'.IJ.Z Caul.S ;i,^.CI T)1V.:, r^_n amount SLtf ].C'-PJl V VU 1)I'O- v1C (: reaso.nO.ble carry-Cvcr rCCurve IOr J1. )l�%T fi°s nh raised b f Rof--1ulC0- 'ssel.::::1Cr1'�: sh ll yCCr. 1}1C a(L0O11t 't0 be T' � . •1f r Lo cowl• ob1;1.g-. V...Ons .lii'•'., 1:1 (.on- i.nclude wnOUn't_ ! cee art d '! , Y:J?y T)r.'c`.r].Ol1S�..' a7Jl'r�"(� 11CCtlUn `:rl Lh, O1 .^Ui?L?:::- . I t, LU:U.Cr, rL}:C t: '!';1 'f:]ULi n'i: rC(j Lt:L?-•^C: 'to' bc: 1.2:isud by 1{= 1 ^r bu6 .: V 1 ri i }: r! it r .{ L111. ] L.' .1`.: .nrltS for r:liV +as:C_l p'.:_^).^•:! (!c- �rC:Y 51!:+.11 b 1.0 L .:r::ount rcoui1Cc1 lG :lned as abovC r]lll'G1pl.1C ii Uy a 1.SC':tl. ye).1.' ee1'.:r:; t}l^ l the nurl('•Y'a.ti0" n{' W1_,Lch is the nL?;ni)e)' of days 171 f).::C per10d ;.nd 'tile dCr!0mi.nator of which is the I?!1:!lOe1 of that fiscal yCr--l'. r-� iC; t1-C 'total mioun't I'.:Cj Ll it C. .l to :)e r�:1^c` }`y i o dieter!(:11 e.) are cr L'.'it:i, -ti C uoard O1 Direc'"Grp!1cLll j)c - .^• Regular ii. ^rcd and apul'ove a r. ;c: ' the ^,cal. Y cr.•1' cause to be nrcp.., _ buc}.,,c'. r ti:r,.7•'r C + @:... :11OC:.1n�T� .L!? rCc^..`-iU1131J1C C'r.Ctrill, 'thi: C.'....�,...Y:CI CUS'�S ar. . pen;c , rrhic}] ir.11 be pa.yabl� in ]at ... necessaryr the Cap?.i-al i'e:iej.,u and mai^ �cnanca ' ?' ') f , U'L' r e of any, and for a reaso^able carry-over. r(:oul-VU. % '- D..y, Di_ ccto� s ^hall ;;ubtrac•c from such estimi.ledcos <znc -12- cx_p .c an amount aqurl.l. to th^ ;anti., r:(i surp].0 ` (c::c1LCivc l i•! t.: !�.�. 1: t•l: :1,.: 1:1.1 �.� :::J•�:r ...:111?:l V:l o.t' :aiy rr_sc1•vc: fu^;;:;, collcuted but not: disburt;ed in till. yt:: 1 isl:,lc:dia Lely procuuing the fis.e._1 year for `::!lie}; :l c %) c!!;t_J-..!,:-.:e !:.:: bec. prepared. 7'!?e Board of Directors shall f11.'nish cnuy of file budget to each 0:•mor. If the hoard of Directors :r'uils "!:o dc: Ic;,:aine or c�u�e, to be determined ned tilt, total ' " 1 ' .l - r `••'suss- ;.,i � amount to i1c i•cl�. t,, s, c, u...,l_ A sent in ary ii:;c: ;l year, and/or fail,; 't notify -the Or:ncr:: Of 't}!e :1:10UL1"t U1 Sucil } e;?.'ll ?1 i::iL'G3` "'etit:7 for 7: ;v Vi ,,— cal, year, then any funcls !lt:ld by or on behalfyof t,:G is ;Oci;1 iC11, in cludin� capital reserve and ni,.Antenanoe f ullds•, may be used for the operation of the Project. E::cept emergencles ms;.y as repuire t}lU association s,,all. Malke no commli-t)frentt or c,:ixndi"tares in c:ccoos aJ` fire il:rC15 reasonably c::pected to be available to t}?C :'. : oc?.a"tion In addition to Regular Asce.scmen , '',.he Aso-,oci.<ti.cn m:ly levy Supplementary Assessments, payable ov:_,r Such 1:(?1'.LOd a., the Association may d.r:terminc: (�l) fUr ',�!i p12rUiJ5C Of r)3_ �rFt�rl!1„ i n whole or in part, -Lo the extent the vmoljw,.s in t) cnpiZ.aI r :::carve fund are in.,, of ther4:for. , l:1s colt Of any construction or reconstruct'Lon, repair or replacement of the Project or any part thorcof; (b) for 1;he puri)ose O defraying any other expense incurred or .O be :LnCLU red as provided in this Declaration; or (C) to cover thn rjcf1Ciency, in the event that, for :ihatever reason, t!:e amount rCcci.V-_d by the Association from Reg Cssm Regular ;i.,.. ,,,,...cn �.� is lr-•:::3 -c!)aLl -amount determined and assessed by t),e ..ssocJ-a�-on• 6. 3 L,,icy:;rent of Aas_�s:r^-'MOL;r.t of the A:iseS -it t0"1' £any f'i SCUT perioc �.;)'ii)J1C DV the O1 a T ,., >d such Ccnd iniu.m nr,,,rlCmi ni,�rl 1l..it •i'n•1•. n:_r•i, ?Oi r•. n g^ i r 't0 Urlit SiolaL1 -UV MUl' i�:l,'` - �G'"- �Q rt ba a fr.�ci_icr 1e nl rr. .tol- of v;nicn raised by !ls.;c ,_ le: - trt shall be one and �t}le danomi^a�tor. of :hich ;;11a.11 be "ti-:e To 1. P-0411ts assigned to all ConCo.nin i:.rn _ll-ni s _. 611 the purpose o;' Assessments, l:eclarant c:..._:LJ_'be c:,noiccred to OtJn only -tile Condc::,inium Units viluc : hav,. ':iven cc,,n lateC? (a:,"! are entitled i;n ba :l.at .fully occupi.cdl bu"i: no-t and i.: c Points as:`rncd to Declarant shall. `",e co::.puked on tho basi. i;,.r_�. Of C011:1U:1?1L�11U::? U111t:.; V:'n1Ch have bCv^P. CO::1C- ,,t.CF Ua'�; 1:0"i: }i0-d. rt r.le for. P�1�r. �. e!1•t:, . rllc :.!noun•,; G F an. JA-LS .; •'C ­_:S:Cv:?t* , C}i .1'rno fine. l!ti. '21'.y`o : "f!1+=r/ ...:':0:.:?1 t'.': to any 0`:;11CT', or ,,% er' L(:�1. O:. ;Un!:0..:'.!lli:,5 urtl'G, £i1Cil O n�.. =� a S shall becwic due and !):�y ;ale as Spcci.r'ic::i IJy he �o:zrc o.' f SDirectory oa a.ny notice Oi' 't):C :!,mount dUe a, to Stl"•il :.5 ^en"t, amotl.nt hall h.ve :iv�n fine, •penal"ty or. otht:r •' - r SuC:h ".• .tlV `oar a�:;Ct:l^.tiOn to .;l:C!1 tiV':.^.G_ , I:d ':r:\' .. •` 1 t J.t 1,;rlel rate Of 'tvelve `( Lz; pC`rc ., ucr a t,IIu!', rrom intc •c:� the dato due and payable until. paid. 6 5 or /!s_';cs :llel;ti ,_l.nci Oti�e___-=otl,rii_s If t11e h�_en i 11- .^. riot pelt' ';L:C:1 11SC0 S`:7;l E'r11 or SU":. n r.v 'L:1:;�Gi.:' ment "thereof ::hsn due, zi?e _ dCfc0.L1.tt and. opon recorvin- a notico Of (!C:iau... d_..':1'1"'-ni, ,1 -..`1' Office _it C!:% (:(!l:t1ty (.'.! ork, Cif - said Condo:nir?.il:^l ni"t ir. , I Pith Colorado, this A:V:;Oci,'L tiO' 11:1vC a liCn such Corcic,:!iniv:ri Utllt 1:0 SOCLI"( r::lent of am, A ;; c .s- ment, or O'thCr cMOLInt dL1C Zl!id c,,-!nj 'to .,c, or;::cciat?On 1•:ith. to thc; Clwncr. of that Corr.oa zni.u:1: Unit or 1^itil rccpect to such U:•rrlcr' a C Lk:;t:; or Condu:ainiu!r Unit, plUli-tcree't from the d.Utc c?u(! and payable, plus: all. co.,;ts and evyensc)s of C011cctiaf; t}1( unpaid amount, 7.11Cludir!; rc_f. or.:':hle, altornel%'s fCC 1}'.o 1;.QYl filly LU i'UrCC1.0�CCI i.n •l:hC !.:nui:1Cx' fc)r 10]'CClO- SUrCS07'C1Ur'`"7`rPE; 1TL 'tllC :'ti1�i O:i Col'uraclo. I any C:`:iner i.SJ doe^led to beVdcf hilt hl-rctinder an'! i':lj.?.s to cure such tic-' fault within thl'rty (J�� •^_ay r the �:! c0 ,I - ;;}1CL.Ul z�',,).\rC %- itten I-lotifi c lticin of ,3uch du f'_21:1 i:C; r•,^:; '1?::;'! r•sOI" Oi' the COr(iUT1:11.U;i1 Unit P-uC11 C`::1'.3I' P!!lu°sc name and address i:, e 1)re a ].y provided if' the recorded mortux�;e, deed or trust; or Other lien. 6,6 H,i:c.vmel C c?r-t?.fii'.'ttc?, Upon pa, nont of a reisonable fce not •tc c::cca�l ..;rL1. UU cult; uuon vrrittc!1 r. euv.c:ri: of ally 0-,-, LCr Or any pCrson `ait-h any ri ht, 'i.it1C or i.11'tC..rc',:;•t in a CondominiLGrl Unit or int�:1`-j,S.rv- -to aCgUIrc a:"I 1'i'('.Il6 titlC Or interest l " O!]aG:!11T1'Lu 1 Ur_i't, she t.!, JOClaLt10:1 .hall furni "t1 wri-tten ' 'tatc,::1Crit SOttinj iO_ Th -L;.e S..:GL;..t of any. : sse:.:., ,cntc, charges. 1'_'1:C ^ U1" peYl�Llt).CS, :L'i" any, dLIC C!.' LLCCrIloo and then Liin.^..1(� !4:L' a 2'C SpL'C t 't`O 'L1" C1Y:P.Lr Uf t.,10 CU!:i=f�:i;irtiurr ,Unit and S!dGh i'i471't ) 'S CiU�' '�; and t}1C ^I'.oL!Il't U1 till: .'::'�C ! :!:)ci for r tE r.urrent fiscal period Of tt1C! ,n!,SO(;:c:t .iOn )%ty b o :1' th - ,spC.C't t c/i.Ach "' ^tc:ac`':i' r;,:.1 ] r vn. th respect. to t}.c Conceu::,i!:il.i Uni. , to 'the )).!.rty `ce L'!hom i-t is istLucd, be Miclusi\'c ",g i nst the Assocj,,.Tion T.41a l no .-reater Or OTnU)" AL•iUUP.tc 1';C'.'C 'L'1'LC:1 Clu@ .Or accrued and unpaid. %. ] OL �.:-tier.=1_ 1�11, Cb_ ^.r;rj _ the amou!rt of i1.1:)r IkssesG!lCnt, C.'I£:rrL- line Or purj:�.ltj o-aing to the Associ, tiOn by any 0%,mer L:I dcr 'CkTl. i (OY:ep:rli.niu:!i l;eclr x' joint and cvcr al Ubl' :' tion Go IL IC AcSOC?.::.^ Lion shall be a i - ' IzIon { r.! ^- and !ICi? C%-.r.:r r r� hn.�.,rr r 1)�'Y•re` r1,^, : ?^C.'1)r'Pr.rat�^ J . r r 11CCC`.'£rlr" and ass is T)CY'ty %C Clllll i!1 � f (<C :,•�.C�plc title to c, CUIl( O:I:J.;11L1::1 UI7.1.'t be join•..) v ar.:i ;e\%crap ly liable 1:j.th tile �:or::�h 0;;ncx for al. , �(: to v:hich !-..ad accrued and which "!CrO pay%ible at the tiMc Of .•::C L1CCjl11 iltl.On Of fee tit].c ' hu Cosln_c:;;iniur.l Unit by such party ':lithos!: si;:!ple 1co �`L,.a:..r r S ri r}:' C "C er any of said. ._.':011:1tS l;rC jL1d.1CC O .;uC;] 1, 1,-L:H�_-h �;,.1CI1 c..':Ou !'i , '�C }l r ! paid i'x o•. c!le i'ol~r,e)- Owner. �r:� Intercut 'i}??i (G11, :J,3y be r-ecovevcd bl ;ll].t 1G1 !:'J;?(=V .)l<'C' - micrit by l, 1sE;o „Lion �' i t-hoU t f0I'eClG:.ii" Ur ...._vi'": , i:Y:y lien Sr..'C;a'..^_t?,j t11C �rji. USE AND Q'ii:'_•::{ i:�C6'1'RLCTlei: , JCL _(>!:_1.( :.O!' _1:_. :L.Cl1 lYlCllv::SCUny Jp:CC' J U:CCI for L1L_T;1riLLI•.11JSY.):,CC' !;h_ J.1 tic Li ^_C: a,., any .. .' \r _i a-�J i ':C:L."7'C t!1:tT, .:L!:1 ^(;'C 'L' , ..:::: rli l e!; and t:'::l merCial ac.tiv. c !:L 1'ut1U!1 ; O1 t1:C a...'.i%Cl:'_'t1U.^+, _riCP. t:..._, ..1\ =: (; Or sl C :"pj n- - individua 1. Space' fc r pr _va tr. _ .. ' ` 1 Cl...:C�tnt it: ^.:O:::i.ne r. GC C one O' purposesand Lc. , or `' 'L ll. CO^C0- Tndivida:1 SPICi:: aria flOCe1t Lii:liU(!1 U:li'ts owned by DeclF:lx'aY:t arC .;Cl... Commo!`?')('.Cf1tic, 1?ncq'}r�-:'i 11)r,. :o mmcr and no -14- •0 vni i- ll obstruct, U-1111.111lit v.,:jstc to any 1.10 0'...'ner ctrvl CLZC_',t2 l char.;�e alter or re - nair, or e_1;OrC' i, .1Yt y O� th 0 C,Cn,t wj.t)icut the prior .,rivt t —ri ConzicnOf ' 10 Association. f 111 au 11:111CO civ:i*,�!r and no Ov.1rier's 7.3 MLIT'" - j — -to be kept in or OrL GUCStS shall 0..!j Or cailsL' ii thC 1.13LIrance At Y vinich ra;-A ill all incro, the lc or wn i c !1.1 i:-'M utnined for V preMim-IL-, of, 0 w-it- - 01'I - n-ilcli incurance, without tilc PrI-c- - cau ten consl-IjIt Of or" 4 L4_o\rlic.).,ition of 1AW. !,,Io Owner and no 0,.-:r!er'-- Gucsts in cz anyl... shall do anyt uto, ord i- Would be in viola-t-30:1 of arty ctat rk.110, I re'u- j icnt o--,- any other validly L�jjrosed requim, govermnicrital bo-'JY 7.5or !'..r.ng,-in-_ActA- _,I b-c-arr!cQ viticcHo oensn • upon any P-I•t Of the projL-ct, nor ;hall n.g, bC! C., Cr - or ennv b a c 0::10 ir. any p�,!­� of the FrOliect 'L� - on O,� .1 nII[tNcc-) ;(,) . ca u �jt2 cm ba r--,,, Is '--n Ofit , d s`t',Ir'r Or ;Lr)!': - -' a liu.,Iz-ance or 11 be - ond uc 1: ce, no improvCme:ILIS others. 110 ac'L.!Lv;ty S!lp- - -,t F shall be made or cons ) �m!Cted, on zny pcl. O."n J.1 1'1h I mi-ht bo un:;a,*c 01- .ch are or r u, c nn.y No sound shall. be emitted on any part Of the Pro I c property. -hers. NO OIcr which is Unreasonably load or ennoyintg 'i-O Or* -he Project .-.,hich i!; shall be emitted On, a!" %' ' ttc-). i'rrr. any or offensive t-o others. 1\0 e;-.!. .1 11 part of the Prcj4cc*t vhic' is unreasonably br_;�Jnt 01- cau Jes unreasonable glare. Datermil,ation's with respect to-VIhC'hCr or not a T-)v.rt4-cv.-- "ar act-7itY c- cccl.irre-cc 'nhn."I cono-t-l-L this Art'ycle 7.4 shall be rude by t),,c Board of Directors Of. talc J,ssociatjoli " and shall- be final. . . Tjo ullsigiitlinc.,is shall. be per 0 1 .1 (.6 N JVLI 111, P S S - .7— Project W'thout. T In 'I E"; ()f t,,-,.e Pro.1c - . - - - .nittod on or. -,aY 1) 1 or ,0. I'll no-LM.n.- 1311,U1.1 the weneralit.`.' 04.' *'�he for-C& 1-1 El.cT:1cn-,.*.Ii, he Storod on or in any Of the "10 C) n n-othiz— Or PILIcod upon �?,Iy 01, t h e C c):: Fl, Tn6`vidk:-..l In windwws G,:' LIOOI'S."f shall be plaL-.c.,d on or s r'ht c,-c,- Spaces 'which would or MI I cil "Itc f. 11 u. J.-*-h rcsPcIC­- to v,-i t Or Doterm Imatic;1", W i,*c%, or occury,cncc i s�all �a vLC _I ­;on of cular activ: ., 0., j)j-c!ctcrS of this ArticleY-6 0110,1 be made try thsl� shall. be filIal. the AsSOciat."'o," po cif_yns or ac­ c 00 C.-Ic .� c U, C) r T, ai r I 1� d u 2. n y I-1-1 vicc�; of any the Prc ect prior cO' Pn.l:.t o-L thc.. p.�!7--•o" the Asooclzi`,011. The A!:.sociation shal for- D­ )-c-sonlble SJAAc% ;.:_16 U!­"rI1-I of d+ loo.:-,t rl.rrn 1 h C- '317020C- and the to identif"r I '-� Y !Iern;r, cconla:lnod chall pro.-IDI ` 'to CQr. s "ruct \7-y the Declarant' s,ilgr-,; Or other i1d!3 on or FLbout arY Of t:-t: I 'Projcc"_ anich it :*!7r!l.l deem roa:uonutly : ssnry in ionnection with it: sale of Condominium Unit;. 70 AntC.l Jn-S. No radiu, toloviulon of other tY O Of a n tennis shall, ^%•!• ttl?ll't the written consent of the it.''. sociai- tion, be lnstallod, Or maintained on the roof or exterior of any Building in the Project. 7 I i_i Each Individual and all i:::"t�r•ovemonts f• :%rcc, urniture and rcuipmer_t Space � the Owner tt:l;: eof is "therein shall be i'•�`lit u.rri maintained b,/ c e _ a clean, safe, attr is olive and £1!;i:',:. Y CU.nditign a nd '_a' `Cod repair. No structural alterations within any Individual Space shall be modc and no elec'trical,. plumbi.ni; or similar ' work within any ja6ivitlual Space avail be clone without the prior written. consn!7t of the Association. 7.10 No Vic' ' _' .nn _of Rulc_, No Owner's Guests shall violate'tho rujou and regulatiMs opted from time to time bythe .g to the use Of Con.'mai nl'..:.:1 J he :,"•";UCiLI"�iGn 5i!'l?"(.1'1C_' I`C?1C1"�:1: �;rli•�1;� he U,, of Common Elements, Or otherwise, and viola- tions of the rule:; and regulations; by any owner's Guests shall be Treated a violation by such Owner and shall be enforceable in accordance with Article 4.6 het eo F � 7,11 r-Qr::n^)^�:�.i1 7^d _)r'lTlage. if, Ions or damnCc to tho act Or ` ,gluct of an l!wncr or such dwnar'o Guests, ! uhall bn caused to any person or property, including Cho Project or any Invividual space 1her'ein, such 0-.-:ncr shall be lialbic and responsible for the r;: inc f;):M t; tO the catent that uu:;h damage or loss in covered by insurance ace obtained `.iy the Association and the insurer has waived its rights of subro ation £.Sainst such owner, he—nmount of such loss Or damage may becollected by the Association from each Owner, e by lien ;lC� q,.lr�l :;m(,11!1'i: .;1,:11 be :CCUr Cl a on tha CCndomin- . .lust Ualt of EUR, C;,r,Ga' ..�_ ' Article 'JI of trli:. Declaration. 7,1 % Anim :l __ The Association may by ruies and regu- lations Prohibit; Ur limit the raisin::, b:e!:':iing, or heeping of animals i!1 any Condominium ium Unit or On the Common ..•-aments or any part t':crcOf. YIII. INSURANCE. �.1•'.{.•^•_'C: ram.-a:!i1 e rf cot 11.L l+.l.l ::hall ULit: in a1.!)rl timesCi_ Cualy liability :U Otner usuracu M hcruir:a ter providod, Alsuch insurance shall be UC:airOC ' ble from respc}n 01c caa!:�nMes, duly to t1lC [•:_ Cn't j]0:.:;L:J .-, nr :; � i i:t7G J"� "t`.' of r r%r)lGraaCO. ', to du insurnnc ' buca .r. - 2!1 tnGr.l :t:C - ' r; [;:,.%C_a: C-C:a, L11 such insurJ.:la., :;1.^.�._'_ I).'lna s iEi%urcd h .. �_.en, th' Bc^,r'd� of Directors Of the AsuUCii.'ll. .. SNUG .. ,rrur't• and, if pru icab c, she c_�i'icc;,'_;, C'',�pl.o\'�::C•:S ii:l'1 2.;., t .+, insureds Cvr!lers• A1l Slli:!1 insurance`•.i ,a.l.! 'O`'O• C . : -4 i thn :.0 PO i icl :'y. if each were ;uparaltely in surcd . tier. s i,' ashcasualty 'i:':l. Policies - To the extant [)Oc:;ilble, such (a) provide for a waiver of s =+r w d i reemors, against cc againstDl.aarant, suczI. , _' claims tho Asla•.�Ot1 C'.:3C1 Owner andOAAJ.Ct,r s, :apl and! tints an', a:c�.in:. -16- -- i eil 1:r.(`r' (::rp:! oyecs and C(.(( l:: c pro":' i.dc th: insur-anca Cal"11.1G is ,)a cancollod I J.iLV• .1-inatf.,C1 oC' SU.;qunCl d or. 'Recou11t Of the C;s11s uct Oi the i. .; ;OC:�:. :%'_v!1, L'i; :, Off-Lcor:-, i agent:; or cf ui1 l.0 �:•i!r ll!(17 (I;j viJ :i :1RC: .ty sli:r Or C.i%:: E:'ill)loyc(i:i Or Luest.i; (C) pl.U:'ldc }1'.t ai.y 'n-o oVier ifl.`tl!1"..!1CU' C1.:(I,CC l.n t'lp iA1,;urzinc ? 1)olicl.e:+ of iro—.1rance 1:.:11.R'. 1.^:?:j i an Icy C1-:1?r,('C and th t the i.la.:'lrancc Pc' icy s:: ;11 not i�E 'Jz�at into con- , a-� t'1L I"J , V �/'::!1C:i Or tri.bU G.^. 1 lnnur. Y:C( G u-Ll ncl (d) COn L,-R :: t'•.:(l h C: '1U! 'ii; E ! at':. C'. cn.2or`:. !cnt in f:lvor JC• ;,'(; Li•_,. UL' :'t' Of 'ti::. "O- of the: i•,Ur,L '-.r�. Of ;Uly .::_::il .7. ' jec'L c::cEptJi( I•:crt�:,atr:E o!' u�Co^dc::ui�.:,!11 Unit- Or p..rt of -t::e Project '::!10 is covered by other and scollra�te insurance; (0) provi 6o tIla—, t!Ie }1ol1.Cy of' '-rnsurr•c'1 c::?'il'L not bC torn.,- ncited, C::ncelled, Or substantially ::rodilf'lecl t•:ithou at let" 10 di!yc' ^lot' ':•':'': i'ti:'! I10t.Lcz! 'i•O 'tae 1..:.O.C1.Li„__U:1 iC1(i e0 CuCh . • l%� d .. O:•iner un-d 'tG C ci—, !;ort,g' oe cu%,-3r C by any standard and Mortl�,age o -') 'UYidc that the insurer. c;!ln_ 11 C1wUSG E:r:fJUrs,;GR•t.; and (�: r7,•.. not have ti1C optic 1 t r.. - - O:•dnCr!:a. ) of the PrO;Cc'l: 3 tC in ?.CCG C.;:.nC� ;Ath the •te_In! r): t :l:] i)ccla.rati un or the Prc,}Ec't i!i tO IL)C �u1<_ in its entirety in ciccord=.nce with the CO11CiC;en?t1C?!1 and:)tiS!)1L'!iCrflCi� T:^041:3i.Y11.-1 of 'i.;i].:i I.C:Cl:; "i:ion. To the =^'t. ;tassi.tl:le, ;.)L;b .'l.'. ].i:?.')��.1.`J :!r;C� 1)1•') )C �t., C1a:Il8.-c 1 nsura lCr Ghilll i)rOYlCle cove_ a C Of 0.ny CI'CS;: liability Claims of 0%-.,nc•-_S a�L,",.,lnct t^@ !.ssOci.�L'i�).G:1 UY O ::Cr 01711C:':. Cir,.d of the `-,'.0oc a ti GR i:. :r.1:1 3' � `:.""n!'..'. ;.. '�ti:OU't 1^ .::rilt Of' subro•'u. ; On 1.1)y i1111U1'a12C C U011Cy C:U:11.".'. CLICh deauc'Gi- ble })'_'G'dil^loj-,s a:i the uOd o1 DirCLtOr[i C :!:(: Asscciat.LG:1 C!ec-Ills consistent with food bU32.rle(::. _The Associationshall obtain an i deo(•:rc'ent appraisal Of the i�rOj<'Ct evory "three yearn; 7 OVidc^, .o% vcr, :.a t Said i!rpr::li;,-t1 C:i.:y be performacd ;'iy .:11 au-1 r C!i:j)10'f( Cl bV an insurance CU;::;)any. Ccrtificat co Of 5_11Gu'!il"1CG COv*M!.9.e Or COT) - Gi .'.;_S r- SrICP. policies O!1111 t)(t 1:;f3UeC1 tU E C11 O':rrlr'IiC1."t- �a�ee e;ho !riik_s i:ritten roc,Ues to t!1�: i!� °oc:i.^ti o:1 for any r c an insurance i)oli.c such certificate or. copy of J'' The Cost and expense of all inf5 urc?nCC: C.>i)t;.ined by he ssocistic^ r OXCept in. urance covc: i:.� :,, i'-.c:' . , or improvements r..•^.•dE: `O .1 Condomiri. J:! Unit 1);: •a!_1 Qr:ner or nc:� ubtaincd Fci: t11(1G•ih^r. insurer .i s bcncf tins any po..i•'Liculal^ Owner:`.:!.Ll' I: an :(.1(:f. r of ..e V tip tc!llf.�'i j ^Ui:' '( - `_'}Ic ; OC:_. .i'lcr'. shall ?J,t i:1 8.2 " and maintain Ca:Suu-LTY '_ :.Ii...t1Cc covcrin.l c!ch Cordc:aiR.'Cu.:'. Unit co :'Eri..' _o or O,� !'1: tla'L iY•a:� }s<� ..:rC? covered CCVCrlrrl''j:G7.1CiC , ::].4}l ',r.cl_Cl �_i..... and riiil:.C10:... (�::: :'.'.�:T• Cndors<:.^:i!lt^, anJ. cav': 1.1C:S)1L =r:. �.1 i c:....r.;i ;10 tin'' ::i t' 1 :.:':, -or :n0 j'C111 .1...,'ri:.b :'s �. Ce- Jy th:! it::. OC.l;3 �USl r .1 _ , <. im 1 It '1 h:)i1Ci!..^.11!l'_Jsa li n?en";, cust<Oi '�!?C !!^G,,..C'i., ].11C_.t:1L'-; Cs_.C}c � At the Option o !te /!ssociati..,.:..'cfi . _ ... i '1� i'_t10R<' CI i< J2^OY!'.:.rt�!� �.0:.!:^_...�ni�s.;s Cover ad(ii't 0:1s, i•CT' Unit c„ by <ln C'::I:Er if thu ..._„n ltional )''•cmiums F1'Ctrib t.abl� i G : Uch cove e for any a.dd i - •" -1%- J The A Mation nhall not be obligated Apply any 'inzur- u"co proccuds to rrntovc a Condoyinl= L .1 W a (:and -ton bettor than the conditLons exic.in q nriDr to thu mnklnU of additions. alterations or inprovewen& by un Own"r in the absence of insurancu covering such additions, alterations or improv:mentc as aforesaid. Public QW11tv and Prcocrty The public liability and prupnrty dayagc insurance cuvnrin.r: personal liability, propurty M090 1MMLY and au?M0- bile pursanji and Droporly dawage liabilizy of the Associa- tion, iju officers, directors, amployevs and njents and of ouch Mor anU each Owner's amployeas and GuCKS, arising in connection with opnrphi p, operation, maintennnve, occu- pancy or use of th, projuct or of any Condominion Unit in the pro juat with limits of not less thnn $1,0U01000 for cjlciJ occurrence involving bodily injury liabilimy and/or property damage liability, 8A fn:,ur,nnmq. Tho A"caziaiion shall out-i" an-i in n work _-7- - 1.1oll's and cmplayar's liability Uzuranco M_ may be necessary to comply with MlicaVIC laws. 0 8.5 Ete xccpt to the exnt cover-- ago therujov &3y be obtainau by the Azuoajation and be salis- factory to an Owner, each Owner shall be responsible Mr obtaining insurance he acems davirable, incluning, wimhou-,- limitation, cacualty insuranan covering TurnishirEs Wd percognI proporty belonging to that Owner and insurance covering pernon:ll liability OZ that owner and that Owner's employees and G=uts. Any insurance -policy obiained by nn owner shall bo such that it will not diminish or ndvar2ely affect or invalidato any insurance or insurance rccovery under policius carrind by the Aruncintinn NY OW!, " the extent possible, contain a waivor of the r5rh! of cub - rogation by the insuror as to any claim againsi the AssO- ciation, iTs offincrs, directors, agents and OnVoYces and against other Ownern and their employeas and Gussts- A copy of any incuranne Policy obtained by an Onnur shall be furnishoC to the Association. T -.-L- r: Except as onme particular porsun ha: C. lv;aL r0h" 10 ru- ceive inuurance prucceds dieOctlY, all Quran" Pruccud''; and recoveries shM be paid to and ruesivrO by M Acco- ciation, All i"orrhace procuuuL or rVVUvcfIO2 MCKWU by the Association CnRIJ be applied by the Anvoc>03h: fir= an exprously yrovIRM clscwncru in lhfs Dcclaraiion; second, to the Mors or pursonu wh= thn Association nuy,detursine are legally or equitubil entitled tharmu; and third, zhe balance, if any, to Morn in proporlion to their respacTive intarew in Ccamon Elements. bv k AZqRciti.92.. T'ac Shall 11-Cive th-0 P000r or au EST& Ty - 107b main and maintain other and additional Wuranca ccvcrnqc, incluSfng cas"Ity insurance covering W10" P"Purty of " Asso"at"'. fidelity bonds or insurance covering mni ing 0"PIOMs 7nd MO., of the Ausuciation and insurance indufying officers, and ..117 f th c 10 C i., t t i 0 : I d i r rs, cjr;ployovf� c rit 1-1. C r L'fl IUnj.t, or iQl eV Q­!t that, I S U CCrNt e(4Ui�IJCE! OL , of any oviricr-iris;tul).Qd improv,muntu to 'L?IY 00t1:01:1, JUM, Urlit* th c, p r eir. 1 W-01 .9 0 1 Lilly p 0 Cy of n z Li ro n ct! 11 L I r c h:. 'd by t I" wci.�:.,l I.,o1'LC:*': J*f3 r0oUired, I.M."OC."Ition arc, 5 ! . .1. - . I * , . , Y the coc_--i; or Such 'Alerease or SPOC1,1C shall bo vayable by tlic Ov.,nor Of such Condomini.tvii Ufiit. AT 10" 11), EIST ix. Dj7SSrN..-Ur-*T*(M Cf)"1'** I" OF SALE Oj.' PRIOJECT. 9.1 rortziin. Defirn.i V ons . The f011OWing tcrfl's S)1L111 corinitions: and ParV­,,l D-.!stroct-3.0n. "Sub,_t:inti,'.1 of any Dutdwuctllon" a T'E I Iroject or any plvt ex.ce.00 or (1.0.,7,t2:.uCtiO;1 tric I - dc`ined) Of '70t.l.,mat0d, of izootora-I.-Jon (as hc;r.�.,inaf,,,c:2 L �c, nt over. (.LC herci.roxf-ter !"c Project (ao of' ��StLir,%.Ccd Relstc)­Ld Vaitl(3 Of ­1 or ­0 liurv).riaftc r (I "Par L o,clIez, do -.c or cjc..t-.jtctj.on of the Pro.jcct or any part thercof (b) Cc,r. itnd Purtip.l. "Satictantial con-domnation" t;ha,L.1 cl­ a c7c.ri,.1.,.1 Proj,_,ct has occurrcd or a tviril-j" of part, ! eminent domain or 1)y grant or conveyannn 1:1 1iuU of cOr, Ld r -' 1 tion has occurred, and the excel.'s Of the E.4;tlmated COS -Us of storatl-on over Available Funds iss 50 P03:C(!11t Or !"Ore of Re es-diiiated Restored Value Of the -')rc.tT!ct. "Partial Condemn.1 Y dwriain oi tien" Shall any Other such t1:!j1-11'!-.'- 'UN gra_!jt or conveyance ;1-1 1-.J.*cu of c:-%.incnt (I.cmuln. r-t5,!:L Ob!�olc-scr!.'!cn. 1,Subs-cantliz:'L (C) and Pa Sr -.all CXJ r '01C- _Vr0j':CL- :� - or :�-.nv T,,.r,t Obsole-_ce=-a': I thereof has rcachcd --tich a E;t�-tc! of obsolc,_,_�,nce O-�- or Ov 'v') that the e,,.cess 01 Cc,�,t!; 0 -"Cst0rat' f le Fujjj.; i�., ;0 cr more 0� t t ' ma.tcd able 0, mean any Vall,c of the Vlroicct. "Pa rtLzal C`O'3OlCrC.'Pf1:! ; t- J_ t st...�,tc of cbsoleccc.,AcE! o­ disrej)..'Ar Which (10ei�; Con, Substantial O'OsOlescullce- 11c stor.-J'Aon" t'!U! CalOn Cf d Fu - + C, P r o --hall mo!"n rnF�l damn. Ll 0), 0. L� 1_**G.,:_10 , :, .— ." LU 0. •CcIr'.6 ; �, ox- U. Dn in 'wliich 1.*t, px_iLted !)r* - or tO C t Grl 0.*� i.on; in 'the cz�su 0, C, the j)10jCtCt 1_0 Lin nortion Wf t h c 1. c C;-_,!-,c al, !.Cc to an catt�­Wqj,,­., Of the p r jound snall meai-1 I. and dcoirabie CO'Uitic"i- e Valuc - "Re:; -:,,;red Valua" shall. mcIn -�J.on. f C S -1; o r!2 file 2.r 0 c 4t: value o 7 0 I nil "Entlmatr.d Co�.' :nuan tne of o-, .L :.lean of �inr:!:r;.nce or co.„iela:l:z .a. / Coeds lii llclz t0M.'iu1C of Cvnsl:;::n1�].3n :r:1 an .? JdO:r t)le J.:)r:oc]utior! lllClldJ.11fT {l:;l:i5 frUT..Z•)]Et fund ^Prd the carry-over- re!:erve L rlCj. J.yili._ IU.LC i'vnd i c l':;A11 not iricludc that portion of lnuorc race prOCt1.?llC; ^h,i L;,,,lC.,...ally ro- nuired t, t)e p J.(i to any party ot'--cl- than t,OC2.atio!l, l:lclu i 'io 't; t :' .1 ' .'.!;y r, Cl!l C7 �� Wli:� ?: .Un UJ • t: award Or. J(1Vl:icn:• in li Cu Oi to thu Ownr:r ^ (` n•' v i l l''rli't i0i the Cane or. "l:,):ing of tI:at 01 a ;ondG... I: l:.,i Ovfner' sndivid'Llal :.pace. 9.2 De'Le-w' m !:i.orl .!J':r the iic:lyd. L''pull 'thn. occurrence Of an;)! d I ?iA?G G'f.'�C St:ruCt.' orl •t0 't^C hI'ojeC't O?^ fifl`r J]hI't t)a're- of, or upon v. ca:,lgle or partial tal:if:!; a '�I•.- Project under eminen•i; iU ;2.ir1 O'" b,'), -rant or conveyance is li,;LI U:i l lOn, )le Board U.i Directors l;hall r.l!akc iJL to :rlei•hr' the. c•::ce: of C,,Lt1:;ated Cost:.: O:i' )ie.:T0r'lT`(jr, Ove iiv,ai"'.S."cic Fufld:] is 50 Parc•e11t Or 1ncN" Of 'Grill stored Value ,falue of •n.e -Project. ill addition, 't:he 1.1wardn of Pl- . rlo:l Oi0' ^ 11, .A'Ur L7."1C: .' ViC'lI C U 1.0 dCtC?,".fC !Jl?Ctil%r Uubsun�%aalO7]G!:cor:CC cxf-ts.PrUJCCt 9. 3 I eSt0—It).O!i 0f tti'?C i ;.'0;1: :: ^.:('r•'i 10�1 of the Pro `- o c t hall a:; UI:.(.':l1'.,::t_c:?1 U; tl':i: i-.OE:OC:It'l.: U'l OF ti`.'! :rJr:i ... t!1C' v?n l )J(SS'tr lii:'L.iC�n C.� t of 4r , delr:n^tiara ar :'4rtial L`bsolescer ce 'ou't s:1 All 'a ? !1^ CVCII Oi• Q, I ._ — u-ntia�Jt __ .!CZ_011, :il: �F t•'::'!'l a' _ t•O .,.. .:: c Or S '' ;.anti�l Obsolescc=L only e:i.t): 'i.;:;. cc.:::_':.L of 'lc tl e ),old, n,- 0 i?C'^^Clit O1 the tOt 1 -vO tir` po`:'Cr '.!� the Ul`Ir:cra :. .,. Association and the unani^:.oll3 consent of, all in tha event the Droceec. E actually :'t cuivec. exceed _ the COWL of Restoration V.-hcn such ?C'Utoraatli:n is uf1.d ri£:i:cn pur-LI' rl: to this Article, the e.xces9w- •.hal*1 GJ 17a :::Sd C'i ; tributea to all of 'tt!e Owners,in proportio:l of their V1C1(ia 1r1 'i.iiL C.U:iilll'Jrl ..-... 9, 1, S_ulc o9' the P"roi ect. Tire Pro j ce't siiall be sold in the event U ' Substantial Destruction, .SlAbStantial l%Jr.C:c:?:f:3 tion or $U.G-_tar:tial Obsolescence unless CO.n.:C•nt "t(: Restora- tion hay bean obtained fra::1 Oe,n Crs )!oldirir YO ?')C:"C^:1't of the votin power of ti:C, lsssociz tiun a ': gent to ReStora boll of all First )ac:r t�,� •�:: (i: )Y'.@ fi un t)'U �F_if::U . 7.n ti ^ (�; 'rat O). c_:ue)1 ria).C, G`O^CiC1El':iri] IA:CI U:"f:i.]'fi!,l n on.6.._ t,l�. ` 1 .: •�r 73C! i1i c.ti c;l shall 1: T,:]i!1atC and. ti:c procccl::,insurance Dr occef)s, 'conCiem nation ' lH r :h Of. i:r3fl'i L .1 iCL. Oi CC11•a T17' Lion .a:All bC Cli '::C^1JL:aCt1 Z%J i. tr each (). %r ncr in .AC:: a = C4 nce 'a:l. �: .. 1 : I'(.:i:li"'.:.r' .;�..(�:... _ :"i ..... ') m. t •il ). rIMC-,Itc 'lip Yir, r; nth: ,`..... -1 (, "i:0 !✓.:... .. ):C': ('. :;..:�(:y r .T: U !'. h si.11 b9 .*..dCe �Oit:. � f to i•;ort!"^';C eC; )l which ar'P.r:OI't�:i �( Cl at the t].!:".s Gi `)C1C)I !)::j::i(•••'�:• 9.5 �tll`-I10'19-; Of A!.--._0=_-_----n--=c�i_^��_._"-m"- ssOcia'6iol'1, :_ 'i i i.0 ilc^V :.!i-i:'_ �^_.?_ e:lc!1 i a" l.):U ~' i t'^'t0 rn.:l"O_.n / C,- -to !' �.l �riC' .'•eI•.C, it_ - full T)C.1':er drift _ .. ^y In in -he Pro _•t jec• l:::cr,::l•, r. c: �'. .acn and each Condominium Unit OC $�I_ethe cc 1iFV rie, iaF; h.orciru00v:] _ , ia.nd -t1 shall c1Il-`0 prov° do t. 'Si0i1 r. v T,O eiI'.aI' intc a_ :\r C traC:5. (1(= �� UC ..^.CCCCEa "y 'lr al)DT'OD?•'ia. C`Z•Ur aCC";;U_ t.E: case. may -20- 0 rmvnt All it ance prceends or n an trurtcia Proc, 10 of ;,ilc , 11 of the onnurs arid all Murtgnac", " the "ur-st 0"­ fc: oubject to the suen Ownurs nuch wortrageus M appc"r, obligation of the Association to restore the yrojevt aB pro- vided her: in. Mnever ArnociWon uay lovy RestOrat" "s ?n nvu-n-tion YO collcot n0202nmunts from c3c.-I Wor I . :L V I .- owner,s ondivIdW interest in thu Comm= zicnentc, ,or cuch poriod as tha Association way delvr"ino, ,, ,,o and oxponecs Of Resjuration 1c Thu cxtnn to cover Mo A Funds. Such Mcial yesessments not covered by Availab urcd by a lien un the Condomininn UM Of cacti shall be coo ,, •of Regular Asvrn.,�rents. NOWith­ such •(panor -Is in the W . . 4 -this Decnration to tnC cOn- ,tyajing any Oth= PrOv 1clons In SubutAtini 'L,---a in the casCi Of "Wanti al Dustr9ction, ConAemnatioj or Substantial Wolescenne, W such We"al :ul oblKatiOn of any soul' nunessment shall not ba a pqrso! Owner who dia rmt consent to ,joration, but, if "Ot Pa", v foreclosure of tho lien.against tno may be rocW'Orcd Only 11 Condominium Unit of such Owner. 1.1 o I, C or f.1 D coard 9.8 Rwc�i!�L. :Zrld ta"plict:.itAo nL E- mpennationn, damagen or 0'.her ProccKs cunn" takin;.f, of the yoject or v Takinn Of Purt of nt domain or by gran% or cneveyanca the PrOnct under em1ne to thu Assoaiaviun. The lumnation zhall be pa I lieu of conr " king 01, of allocable to compensation 3ar thuc — ElLnount there id,al pace Of a purticular CondoniALUL-3 or injurY t? the Indiv of an Owner therein shall be aPPOC Unit Cr to ".. lovinium Unit. The balance tioned to the Owner 0%that COM t_ tPlied to CAN and expensin2 Of MIS - of the award shall be *ha pytrnt not no MAN. toration, PC nndertaXon! and, to WE — whali be aliocaLus an-lullows: firul, hay mrVan of 00 taking of or injury to common ElumCnts avard allocable to thO oong all Owners in proportion -'�o whair shall be apnortioned an ., second, respective �jndivided th, C,Maon Elements; the mnountu 11,,,bla to severanne daMO903 shall bc appor- tioncd to Owners of Condominium Units Whol-0 were not taken or condown?d or which wove not fully takna or CuNconed 1 rcopocti%, 0 undividid in"r0sts in propormlOn to their the Common Elements , adjusted in accOrduncc with "'C"n . or- Q to convaqu=00- 9.9ages or for oth?3.purposes hcraob and third, the amcun%s R11 6' oses rhall be inasclation datIrmInus to be U&Qnble un&Py the . q-tion. in thn ;—HoW in tho JV,201_1_21 9.9 How" cc of a cunh"Anlu� spa i- conVin n! that Cvant all of We 0, oa%an in condemnation, the Conaaminiu- Space shn1l ccase to be part of the Pu"c'", inaividuu! clation, owner Wrcof shall Ocuse to bn a member ef the Mac and the undivioad interent in Common QvAcnts appurtanant to that Individual Space Wall auTumatinuily bucs.v ye2ued , ining Condominium Mus in prnpartion the Owners of M remal LW to their reopeCtIVO undivided interests 1, the Common Elements. the Individnal Spacc of a Candoniniun", in the event part of th, ?Oint% astribumble TO that Unit is taken in conclamnation. . -Y Condominium Unit shall be reduc Q Q t ropofiion Q Spacu, and M reduction in squaro iuOMW -21- J undivided interontn gf Owners in Mmun .,munto and the wnerB shall ,nessmont oblinaLlono of R11 a voting KOM unu 1" nzw� to ,jd adjuOWLen, in automatically be adjuutcd nccoral square footage! nr "'IS X. Coi�.1m.01J.LY CV,'N�,_D CO','L U" Uytn, Lny Con6ominium i, owned Confolinky 11 1 10. 1 Qocw.09' a "ConocnQ1, 'on Do atom- 55MU — Gondominia:! Unit Unit bvncd UY --- Commonly Uwnsd owned clandominiwa Unit". .%he Azn,ciution by forc- . jum Unit acouired by may be U CandomIn as providnd - heroin or otherwl= No"Ith- clogure OE liens that any Condominium Unit mmy conszitute a stundin- the fact, ON UAL, K uhxll not be deenod part Commonly ownEd Cond of tho COW= Molents. -7 .mnnts for 10,2 YOM onj o tqK010"thslnu I 3 r-"oS vnLaaloCn undoMiGum jul UnQT so ,fyQtothe contrary,for Mum Unit, Mrs Khall be no Unit is a GmAmOnly owned Condomin thnt Canda.,:iQuM is in we associutiun . WITH ._� to ttnt Con - regular membersn WITH rospo-, , ,,,1 1 Unit; 1"o levied or 70d in the Proluou ­- M ... Unit; 3.0 the Total Points pnores, by tho number domilliLl I Pu. .1,11; and assr-S-1 .. reduced, for vOt .*,,, that CoMOMMA!' unit. If any Condo of points aosk= " I Owned CoMminivy "t nPon tor- L thq projedt nnd minium Unit is V condonliniulownernhip 01 rcst in mination of the beneficial into dissO lution of the AssuclatlOn, 6 ownja in common *y !he such Condominiwq Unit shall be deem" t,,,, r,,Pcctive.&h,, then owners in the same Proportion Is terests in the Commcn Elements. V nits. Thc 10.3 Salmi n Z. f Commonly owned a1 any 54G- jair lharAct value' for Incir inen Ki. SO4CIAO OBLIGATIMS Cl OWNERS. Each Ownur, by M 111Q., s i o the prollow. heru -J"na"J" MUM= hnd thE: tance of a d2cd to Un"t to th, subjection of his Co to" oubdivi­ consunts JannarY 26, praj ,, Q ,, of the rcquireoentu inism da" 31011, A.-M.36ni far Clarendon Suod" sissoll in in- ," Inc. (00clary"I" Pro" 19?6 butweOn frowQ I it. ot Aupun. Q,cst) and thu -- 5 - X11, NISCELLAMMUS- : .1 contained n,,lp"ation. Each PrO%L-- the 1,ws or rulon i t-ts DOMIM g1j-jhich in luitics F n " A . , q Q, ,, ,lc ur&not nerpe q, -1 cr ad Some. nos -ewona= ren—airt" on the me prnhibiling uni— porco and effect I C'- Rnd remuin in full Lh Of the survl_ shall contin=, Main, the dou . I I t_('nty-one YeRrs JOLL ',,6doj and CharlcS S- MrEh Period of waxior, Robert' St� until !hK vor of David A pprsOnO Or and the now 115ing children of na-_!..fiPr MvId ed, wh ' ichcvur ., ycrminawcd as horuln"l, Declaration All olhor provision, contain in th" first Oce"' -22- De al -!;ion shall continue and ;t fu).1 i'orce vn-d CffCC't Until con,lomirdu:n 0 :11Cr.a?.i n of 'tile. ; t'o jc.-c': .ta(i Deciclrall:ion is turminated or revoked :.ts ht:rvinaftc•:r provi.dc>d. 12.2 Anienu_n.^nt and T.crni.r.__tiori. ;,ir; c.rovL41G11 co11- t .ncd 1n thi;, )cc ! aaramt:ion_ ana"r c ^rr a^c! cr_' 1 • d c .} L" -i Jc rcc01'C1:1,1:8; .Lil.'.:t� :'.1Urit'S fying the amon!imcilt or c,"kaH rTC a_CCL:�r,,_lj�;'� ^.Cr^.- 1-O_r:iiitE? (� nG' C°i:: tin Ta 1)[:2.'C^11t U ` _T•I: ,_ 1 ! t r, . r the -10 Asc oclzv*.ion, or t o) Dcclar. ?.nt any t.i;,:c! ,�i icr to cc:n- �d Vcy'anc'e 0f air. 0n6oanlniU--il UI'Li t. 119 -U.li a: a:C?11C:;i?Cn-!'.-- or c:h.an;;B Saat1:L t,ecr.:le cYfrctivc until 'iJ rty o(D uafvc rtf't.cr 1'k, [`1? Li� q, notiTic,^_tion Of CUc)i arriondirient.0r..chzul!�c i:: sc—nt to All x irot '•i:cs 1:'h0�(' n-mc'•^ and �udrC ;,C:> a_ ':1 a1`rccorded I!Or"tg?_C. deed C:i trust ox- Oa,::2Cr �.i 11. 2'r0- J that "ti115 L::ellaxatlon all.dm CO:iClO.':21111u:3 O'::rtc:r- 010 I ;;Ili'l) O:F Lila pr(,,je,;t :ih 111 not bo or r ova kedil , 12.2 be ziended, un ci.:`.; 111 Of i•:':C \D�� al;1d i!..i con:;cn% ind cx.n'^.: 'i.0 SLIC it 4L tiUn, i'CVOC:� i 10l1 ri' :.:'t1c1c 12.2 a !,:C iidi:)c:lt by � fitC21't duly 1'ccor(ted. i 12 3 T.,erc_.c_t_g.'._ -' ovi:;ior._, °- /�c;!.a ';_n^,. Each ;,i•oz:�.- n j �:rrC ,:.r.',,; I)rU::,i:I [: CUVr;a^.:'l.t Sion of •thirs'Ucclaration, and al:'1 ,,. eC. - , , pia and Under'talki c, 'co comply :With eacii urov >ion of tili Declatr:,- -tion, and any n!:Ce:_i:ary exceptica of renocva.tti.011 Or P."L! 1 c:?' '"l t1C c`:itate, ri " 11't; Or ln't6'1'2 t 'to c' FcC llai"Ge `l:i';r DrOV1.c3i n. of tii�S DCOlarati 011i (al) :iha 1 ',)a dE!e c'tu l,1!:0r!)0T :at Gil in Ca !:ii dead Or O'tiler instrument by :Ninth any ri ht, t1tic: Or 1rl-tel' 7st in the Project o1' in any Ccndolniniu:e C!,li':: is ^ra1!!tru, ccv, c, Or conveyed, ?:hethc'r or not Set forth Or rt �i"rCCi t0 An .�,taCil — deed or ott2ar instru:%crit; (b) shall," by vlrlUC of alccCpta' Z1CU cf any right, title or in lri T. i'rO�i CJ Oi' in :r.;1V C Oli- dnmin1U, Unit by ,., Ul"nCr, be c!Cemed aicci!Jted, )'.^..tifiCoat, adopted and dc`c.i.ared as a9. persoil_,1 C0ve!'1,1:y-, Uf such I nno . a?G �. T!c)r•,nn.< j (n\rpnn.nt t ^12'l�.l. i�C t11 nrli nc� �n r.,!�i ;t,,..,,,,•. ?-21!t.:;l1Ch Ul':11::1' ' a hiE=].r::>>, perso2'lall and r:.'soigns and, as anersona?1 COvenaht of an li`::ner, "�1r11! 3 des-mcd apCr!.Onw'1 covenant to, C/ith and far the f?(':ld{i': of ,i?C :>iSOC_at1Gn Lu"`• IlOt to, with or for the bune11 t; Of V-ly Ol li.^^:)' tit/flat; (c:) ilalll be dcortiod Ic rCaiJ C?JVcrl:;ll't- by D1 -cla z-ant, f0i 'i t Li l' , :1 !:.. :UCCC Sso s S r s, t!.• l';C) ^1? t2C'1'i't^ :).; ^ � � � .. r anti a :;i ,n^ 3C:YVi'ilLClt?, 1'11!!n nr;, in Calcii ca-e, a..� al uUr..:n ''i,iie t1t.LC 10 t;1a 1'r. O j::c't and ay.Gi! Orlil0:r:1t'1_l :.l U:?i.t a,.: , 3:; ( rcall CCvcnant -,nd all!':!'t as c n'L.^. U^.^'lr l^:C -fitUi lh docmcd n. COd 3B1VitLGG 0^ O ' and each CO^CiU:,I!1 Un Unit; and (d) CU).lh :'%lOn unat � F: ;'Cr1.C'Gion sucur!'•d u; L..0 R n !',%vor O 1 ,.and tie [1 �:,,SOClT'•.:lOn, L.L.. jac't and each Curdo,ni.niAXM Unit inyfavpv oi' 'n0 '• s:'>Gcl on °'` t 12,i•;• Ellf•02^C_(__('1:1. ;11�C1 _CO.].C^, r^ •:(.Ci.1t1Ci!'! `C .. ✓ Other _canedlc:, ;1;1£":11'1 1)rov)daa e a c I U:'C Vi 0 1;0 ark 0•:/n4r or tit, Condom- [::l:J:i It G= �. ' an owner shall be ' cro.,o ceaT.ble by 'thu A!:;F OC:ia_l' lOi1 i,y .r0- ., �'; c.n or al ceec:in�' for al prohibitive or rr,atr:.1atcry •�•,•- yJ... . Sll) t Or UCt*iC'1 'to rc ^ a-c! if ;i • 'the: r' C O1 •are it?s�ti'tu1;,d in connac'tion �' it.l 17ar t' ^ ncd11 ^lrovi G- d in t11i ^ J•:c1arati !n tcl:Ourt�!C)trCIc prre +F-.tr- ?. �•:% Cos'C:; and (:i:ri(?r:3CS 111 CJnT2CCt)On tht;rL!'il'i.t1, 1nC111U?.n!; -23- J rcC1GUIiah1C a.':'tUl'nryfees. 12j l-'ro't_f:^'{_:i On _O:!_1: ,cuE,I1C%rnnC:C7r. NO \'_alt!' '.On o: :)ream Uf Or T.....l.l{l•n t:0 CU!"^I,/ `:tl'ta, :i(ly rOY:Ll.'.1.!)11 Of ''.hi!; !)oclara- 1 ion and 1!lO• i:G'tlU!t to C1-IfUX'CC i:.rly Guch O\ ]. Jll i!1_;.__ f ii C i , t Crld,-r itl:a'JULij 01:' ilhji:�i1 1:i?C l.i. ,I o•i' any dcc_ of ;:ruin,; or u-tii;:: Hell On any Cond(ua.iniu-a Un-1-'t r ;Uod faith al!:d for v.alUC and Of•t''.ce Of the comity C1.01':C rtn(i Pecor!'ev of 1`1•ti:J.n [;Ol:lt' /, Colorado J)1 J. tU 1:he tire? o 1, 1'oco1:'c.!in i.n .,.(i d U;•f icc of ,lri i. C?C,cribi.n,; the r.GC!C�w:,.:1:um .nit and 2115', name or. names of the oviner or c%-.riser O;l fee Sltall?l.0 i:l: _C to Corco!`i:lir:n Unit and gj.Vi C,, n0'C•J.ce Of :WC'.1 YI.UI.aL'l:On, br each Or 1•allu C.' 't:U comply; 1-1-Orsi ai1.1. such �lota: ion, UY i:a:Ca, ,• +C4i'fC1GnCCi fUIIli'e 'or actlOn -t0 i11S)C1.Lid orh i:i i:l.e c� �irtt:cre::t of 'th^ hol.dui: of any i.i� })Ci. '[. (: ; uch mori:4c ", d(:CCI cT tl'Ust:, or other licrl ortho t:.+) • ' e or intor e st a.'•?:r'C! .red lev L iiy UurC ll".1-' er Ll1)0a1 '['Oi CCI.US :cd in li(: ,,,0cI G1' tru!;t or :tn;j Lion or y C!.C:(:d 1!^ 11(: l Gi FOr.^.i :O::lli C OrX'!]::Ult 'Sri i�:lly l.la')11...'4y, gB*" JGlicil O:' O't!Cr- t1Si?, Of :aly' JL!C}1 1':O1(to.r or j)u:.`!'hC'.SC]:. ;:ny SUCiI on forCCIOMWC UV by r.cc•d i.n li. ever, ta'•CC' tht:: Docl.'.'.l.at'ior: only :) L`lOnS OX' tiTC3i1C11('a of, or failures to cO:;lply !ii:L L}1; ai-iyr proY_- ��)1G'rl:i O t1lis ne: lara-tioll !'thiC)1 occurr c(:, Prior VP„G't'i ll 'CC _;i , ti :i.rt ;;UCh lwrcllase :1h l not �)e di!C! nri l)�. t Of o J ilOn:: hoc o't:o or fail.U!'C� to COi: p.L`,T �1 ra :41t)1 U). MCi:ilO �" S .olc `ST)C(:t L. $tiC}! pt:rcnas(_- , Dic hC ir-, r :;uCCf s!)OX !I Or as$1 jTns and (b) -_;Lich take -the property frCe of ally Claims for U:Inaid or other ;1_:jourlts against or a.Uplicabla '(:O 6;lC en(:U:11bor :d Unit (C y,,' C'ht for ClaiM s f,,Or r Pr O I: , c? 1-1 O- Coadcmi.ni.uz . cation o= St!CJl HS.`JCC�I Ul'1' Or a!-.ic,, is t!) all COr1�0:!:].:11U i Units including such CnCLU!I'Q r Cry Unit) r., ni•. I-rr .!c^-O_ C1C1t1G11,}'l(7 i�G:1'i'rl Of jJlI eC'l,G:'a Of !^.pl.Ofee of any of the sari }ial.l. e� liabl.0 �. Orl Or -for n f,3:t1 ur C -to jot rt:i"i.. -to any party for. : r,; action •- any if t; on to )-.m-t Cr faiI-Or co ac c roon(�ct 1 1 y:uly •er alc ,:i was in good iili -h and v:ii:huut malic ^or! -ant! h_!ti_Plls, "j'}lic fI Cli!C'<l'i,li'>!'l :;1iJl.l 'T ). )oil F;Fl!' �::.. ..!i:'• C:.a]ti011, a!'ICL each U• 12 Invalidity ity O1' llr!�r!iUr :;:i:•...a '>, 1f CC G tV O1' cilfoa-cr-abl,tl''v;,' not „ t}:1 Or ;1y V;:l1C°i a.:)G C:11'OrUC�:D1(: p::^ : UI i.t 1::'U . U ct this DC(;l.:ra-tlOn. o C, )tlOrl: The captions and 1)C:(' .'.1',^. • i2.. --- =' and.:c': Titrll;il C'. !?t ii.rC: Cr CGIi\� !1.lenCC 0111J " ).11 con, -.truing :111;)� provisl ons O }11S jl C lL� �.":�.1 .• 12.10 id0 ti'R1 V -- j'R1lure. 'Lo Cn ovre, any provisions of -- - — ) 'al1 not Op( tC as iv l,r at' a sack j)rCV'i:;iCr Or Uf' Cll U',11cr provA.s,.un U'i~'tl!1G 1 _ ' .11 Further Assurances. The ociation and each Owner hereby agree to do such further acts and execute and deliver such further instruments as may reasonably be re- quired to effeci.uate tilt intent of this Declaration. I 12.12 Word Usa-e. The use of the masculine gender herein shall be deemed to include the feminine and neuter {, and the use of the singular shall be deemed to in - genders clude the plural, whenever the text so requires. IN WITNESS WHEREOF, Declarant has executed this lDeclaration the day and year first above vrritten. CENTENNIAL PARTNERSHIP P;o. 1, a Colorado limited partnership n I David A. Baxter ` Rt(ber't-5tarodo =J y Charles S. Marsh � I GENERAL PARTNERS STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 9th day of Nove,L�nr . 1976, by David A. Baxter, Robert Statarodoj and Charles S. „ar:r., General Partners in the Centennial Partnership No. 1, a Colorado limited part-; nership. Witriess my hand and official seal. M commission expires. August 26, 1980. _: ?! tary Public-..' y . 9 -26- EXHIBIT A TO CONDOMINIUM DECLARATION FOR . riiE CLARENDON .CONDOMINIUMS Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of. Aspen, Pitki.n County, Colorado, according to the plat therof on file in the Pitkin County records in Plat Book 5 at pages 1 and 2 thereof. f 9 44 EXHIBIT b TO CONDOAIINIU'. DECLARATION r'utt THE CLARENDON CONDOMINIUMS The points assigned to each Individual Space in 'the Project are as follo'.vs: Unit Number Number of Points I 1--------------------- 1360 2--------------------- 1360 3--------------------- 1360 4--------------------- 1610 5--------------------- 1610 6--------------------- 1360 7--------------------- 1360 S--------------------- 1360 Lo-: 10 --------------------- -7•55% 1 61 0 -1.70 o � G .07 1--------------------- L,,,z360 1 360 = A�% ►LmnN 13--------------------- 1610 14--------------------- 1610 1360 Total Points --------------- ------ 21,900 `" �•• • •_ keception# tvibIiI 410 FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS DATED: October 8, 1980 1. RECITALS I 1.1 Original Declaration. The Condominium Declaration for the Clarendon Condominiums was recorded in Book 319 at Page 415 of the records of Pitkin County. 1 1.2 Condominium Maaa. The Condominium Map of the Clarendon Condominiums was recorded in Plat Book 5, Pages 36-39. 1.3 Building Addition. Condominium unit 12 of the Clarendon Condominiums has been expanded by the addition of a 250 square foot bedroom changing such condominium unit from a two bedroom to a three bedroom unit. 1.4 Association and Owner Approval. The Clarendon Condominium Association and the requisite number of owners have approved the addition of the bedroom to condominium unit 12 and desire to amend the Condominium Declaration and the condominium map to reflect this addition to condominium unit 12. 1.5 Amendment Allowed. Paragraph 12.2 of the Condominium Declaration for the Clarendon Condominiums, provides that ' I the Declaration may be amended by the recording of a written instrument specifying the amendment and executed by the owners of not less than 70% of the total voting power of the Associatia and further provides that such change shall not become effective i until thirty (30) days after written notification'of such amend- ment is sent to all first mortgagees of record. NOW, THEREFORE, the requisite number of owners do hereby publish, declare, and acknowledge that the following terms, covenants, and conditions, shall apply to the Clarendon Condominiums and the above -described addition thereto, and shal 1'1" 410 r ;c,, 81 be deemed to run with the land, and a burden and a benefit to all of the owners, and the Clarendon Condominium Association, and each of their successors and assigns, and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees, or assigns. 2. AMENDED CONDOMINIUM MAP. The Condominium map of the Clarendon Condominiums previously filed in Plat Book 5, Pages 36-39, shall be amended by the First Amendment to the Condominium map of the Clarendon Condominiums. This first amended map shall depict the location of condominium unit 12, including the addition of the third bedroom to condominium , unit 12, both horizontally and vertically, and shall meet the other requirements of paragraph 1.6 of the Condominium Declaration for the Clarendon Condominiums and shall be filed for record and termed "First Amendment to the Condominium Map of the Clarendon Condominiums". 3. AMENDED OWNERSHIP POINTS. The "Points", being the numerical figures assigned to each individual space to fix the proportionate interests of the owner of that individual space in the common elements, the proportionate voting power of that owner in the Association, and the proportionate share of the total assessments levied by the Association to be borne by that owner, shall be amended as set forth on the amended Exhibit "B" attached hereto and made a part hereof by this reference. Such amendments represent the addition of the 250 square feet of floor area in the third bedroom addition to condominium unit 12. 4. GENERAL. 4.1 Provisions of this instrument shall be an addition to and amend the provisions contained in the recorded Condominium Declaration for the Clarendon Condominiums. ""'410 8Z 4.2 If any of the provisions of this instrument or any paragraphs, sentence, clause or word, or the application thereof in any circumstance be invalided, such invalidity shall not affect the validity of the remainder of this i instrument and the application of any such provisions in any other circumstances shall not be effected thereby. 4.3 Provisions of this instrument shall be an addition and supplemental to the Condominium ownership Act of the State of Colorado and to all other provisions of law. 4.4 This amendment to the Condominium Declaration of the Clarendon Condominiums, may be executed in multiple counter- parts, and each such counterpart shall be deemed to be an origina hereof, binding upon the party or parties executing any such counterpart, even though such counterpart may not be executed by all of the parties hereto; provided, however, that this amended Declaration shall not be=considered effective until the necessary parties hereto have executed a counterpart of this amended Declaration and until thirty (30) days after notice hereof has been mailed to all of the first mortgage holders. For recordation purposes, each such counterpart may be recorded, or, separate signature and acknowledgment pages from any counterpart hereof, so that said counterpart to which said signature and acknowledgment pages are attached when recorded, shall be deemed to be the original recorded master first amendment to the Condominium Declaration for the Clarendon Condominiums. Each such separate signature and acknowledgment page above referred to, shall be entitled as "counterpart signature and acknowledgment page for attachment to the first amendment to the condominium declaration for the Clarendon Condominiums". IN WITNESS WHEREOF, the owners who have not less than 70% of the total voting power of the Condominium Association, have executed this instrument as of the day and year above set forth. STATE OF COLORADO ss. COUNTY OF PITKIN ) The foregoing instrument termed FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS" was acknowledged before me this Aday of / ," , by 0 I WITNESS my hand and official seal. My commission expires: Notary Public LOUISE M. }!;'r� MtKoespori. �, Ilsl�• rs-try Pablie eny Aty Co--,--aon Cx�ucs ; •• . 5ePlomber 12, IS31 °,•r•. ,. rGr�•• •. J 4 1 J ' '3 —4— ty,u&410 84 FIRST AMENDED EXHIBIT "B" TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The Points assigned to each Individual Space in the project are as follows: Unit No. Number of Points 1------------------------------ 1360 2------------------------------ 1360 3------------------------------ 1360 4------------------------------ 1610 5------------------------------ 1610 6------------------------------ 1360 7------------------------------ 1360 l8------------------------------ 1360 9------------------------------ 1610 I 10------------------------------ I 1610 11------------------------------ 1360 12------------------------------ 1610 13------------------------------- 1610 1 14------------------------------ 1610 15------------------------------ 1360 I TOTAL NUMBER OF POINTS 22,150 b,0N410 PAGE 85 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND— MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this %(.L day of 1980. OWNER: OWNER: quunnnuuuuuuwo a uunuuauuu��uaaun>� ,�- OFFICIAL SEAL ? STATE OF �' 0_"C/(; L, L/CL1 ) -� !���, PRISCILLA A. McGERIGLE �/ ) ss. NOTARY ►UIUC - CALIFORNIA COUNTY OF �`r;l. , L ( rt �L2- > i!� ) y� COUNT! Of SANTA CLARA - Comm. Era. March 16, 1984 �unnwwaunuunmRumnueumnuwenoan� The foregoing instrument was acknowledged before me this day of /1W4 > 1980, by WITNESS my hand and official seal. My commission expires: ' fi) r Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1980, by WITNESS my hand and official seal. My commission expires: ""'410 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT. TO TIME CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of.a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed themasterrecorded First Amendmer to the Condominium Declaration -for -Clarendon Condominiums. DATED this day o/f �i i ��,n 1980. OWNER: `J i OWNER: STATE OF ILLINOIS ) ss. COUNTY OF MORGAN ) The foregoing instrument was acknowledged before me this 7th day of August , 1980, by Donald E. Kolmer DDS WITNESS my hand and official seal. My commission expires: 4-19-81 O � �jotary Public �`.�; . •� . �•• 6 L i ""u^ 410 P;,,, 87 COUNTERPAnT SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED • this // day of , h4-V/_„ fT __, 1980. OWNER: '->'s �—) ?,,' I, - II OWNER: \ I � i STATE OF i ) ss. COUNTY OF II iiThe foregoing instrument was acknowledged before me this day of A-ac,0-5 1980, by � S. �//X�rc Alm T4m&SSI Ii1 WITNESS my and and official seal. j ,+•; - ;; ui My commission expires: --% /--- _ -- otar ublic „,jt„'STATE OF ) COUNTY OF ss. The foregoing instrument was acknowledged before me this j I I. day of 1980, by i I� WITNESS my hand and official seal. j II My commission expires: I� I ii 410 PAGE: 88 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept cf and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendmen to the Condominium Declaration for -Clarendon Condominiums. IIDATED this y day of �c. �y 1980. li OWNER: i OWNER: liSTATE OF Michigan .} ss. COUNTY OF Muskegon ) ii li i The foregoing instrument was acknowledged before me this 1128th day of July , 1980, by Raichard_F_Kaufman and -- .. i �lvia C. Kaufman �.� WITNL'SS my hand and otricia_l seal. —� li My commission expires: 1_26=82__T_ !; Notary Public G1oi�aPA...Cline , '\ 1 MUN 410 89 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of i� 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this 1 � day of 1980. _ 'i.� � � OWNER: � •J OWNER: �T STATE OF 151 I Iq t" ) ss. COUNTY OF OJ 1N -rl The foregoing instrument was acknowledged before me this I ,�. 1980, by , ! r kday of I WITNESS my hand and official seal. My commission expires: �..�...•��. Notary Pu} iC`,•,vrvvvvvvwv�•,,vyr+vr�;li•.n,�%i, STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1980, by WITNESS my hand and official seal. My commission expires: 0`410 COUNTERPART SICNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACH14ENT TO FIRST A.MEND- MENT TO TIIE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of 1 i1 Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of , 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendmen- to the Condominium Declaration for Clarendon Condominiums. 1980. DATED this _> day of � �7��, (,ti°. OWVEit• f OWNER: STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me this day of �F/i.-`,��hr."�' , 1980, by %' ,��✓- �t��� tWITNESS my hand and official seal. My commission expires:_ Notary Public G' EVE GF.AF NOTARY F EMCt - C::UFCRNIA PM-.C7f l.L OFFICE !N ; + LOS A. GELC'-000rF C Yy!:crRi•s^i EK; !cr.a 17, 1933 :1 °"u^410 r,cE 91 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this _q day of /i . 1980. OWNER: OWNER: Z STATE OF `� ) ss. COUNTY OF The foregoing instrument was acknowledged beforeMe this`_,. GEI7PRUDE F . Gf ADSi ONh' and day o f� � /. •: , /. c , , 1980, by LEE Gr ADSTONE , ' WITNESS m hand and officia seal. Y My commission expires: yy OQmmiggiqn- ExuirGs January lj 1CQ . ,Notary Public STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1980, by WITNESS my hand and official seal. My commission expires: Book 448 P,'GE587 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to - Condominium Declaration for Clarendon Condominiums dated XP2tL Z 3 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 25 day of 1982. / OWNER STATE OF ILLINOIS COUNTY OF MORGAN The foregoing this 28th day of DONALD E. KOLMER OWNER ss. ) instrument was acknowledged before me April , 1982, by and My commission expires November 20, 1982 i a-66ress is 110 N. 'Morgan, Meredosia, IL 62665 +► �R.yVitness my hand and official seal. c4s' Notary Public IN iT I Bou 448 PaL-C���6 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated P-'V acL ZS , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second. - Amendment to Condominium Declar&tion for the Clarendon. ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the day of �. 1982. OWNER OWNER STATE OF ss. COUNTY OF The foregoing instrument was acknowledged before me th' "I'W da of 1982, by and My commission expires My address is _ Witness my hand and official seal. Ni'TAPY 5,ATA CL::2A J \�' Conr:f. F.;:�, Jnn. 13, i'33b _... ._._. .. �-..-,,.'.7E._•..:Si:3tu.�.0i_,,._5CS i3u._._.. �. Not,,ary Public,/ I B00{! 448 F:GE585 SECOND AMENDED EXHIBIT B TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The points assigned to each individual space in the project are as follows. Unit Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Number of Points 1,360 1,360 1,360 1,610 1,610 1,610 1,610 1,610 1,610 1,610 1,360 1,610 1,610 1,610 1,360 TOTAL NUMBER OF POINTS 22,900 STATE OF COLORADO ) BOOK 48 PG-584 ss. COUNTY OF PITKIN } The foregoing instrument termed "SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS" was acknowledged before me this 26th day of April , 1982, by Dean Greenberg , Marilyn Greenberg , My address is 3877 Conroy Trail, Inver Grove Hgts. , MN 55075 My commission expires December 6, 1988 Witness my hand and official seal. SANDRA J. BRUSH FRi�r'•^ NOTARY PUBLIC — MINNESOiA y`. DAKOTA COUNTY _._r.. Hire& Dec. 6, 1988 1 eooK 448 P�c.583 parties executing any such counterpart, even though such counterpart may not be executed by all of the parties hereto, provided, however, that this amended declaration shall not be considered effective until the necessary parties hereto have executed a counterpart of this amended declaration and until thirty (30) days after notice hereof has been mailed to all of the first mortgage holders. For recordation purposes, each such counterpart or separate signature and acknowledgment pages from any counterpart hereof may be recorded so that the counterpart to which the signature and acknowledgement pages are attached when recorded shall be deemed to be the original recorded master Second Amendment to the Condominium Declaration.for the ..' Clarendon Condominiums. Each such separate signature and acknowledgment page above referred to shall be entitled "counterpart signature and acknowledgment page for attachment to the Second Amendment to the Condominium Declaration for the Clarendon Condominiums." \IN WITNESS WHEREOF, the owners who have not less than . seventy percent (70%) of the total voting power of the Condominium Association have executed this instrument as of the day andiar above set forth. BOOK 448 2. AMENDED CONDOMINIUM MAP. The Condominium Map of the Clarendon Condominiums previously filed in Plat Book 5, Pages 36-39, and the First Amendment to the Condominium Map of the Clarendon Condominiums previously filed in Plat Book 11 at Page 71 shall be further amended by the Second Amendment to the Condominium Map of the Clarendon Condominiums. The Second Amendment to the Condominium Map shall depict the location of condominium units 6, 7 and 8, including the addition of the third bedroom to each condominium unit 6, 7 and 8, both horizontally and vertically, and shall meet the other requirements of paragraph 1.6 of the Condominium Declaration for the Clarendon Condominiums -and shall be filed for record and titled "Second Amendment to the Condominium Map of the Clarendon Condominiums." 3. AMENDED OWNERSHIP POINTS. The "points," being the numerical figures assigned to each individual space to fix the proportionate interests of the owner of that individual space in the common elements, the proportionate voting power of that owner in the Association and the proportionate share of the total assessments levied by the Association to be borne by that owner shall be amended as set forth on the second amended Exhibit B attached -hereto and made a part hereof by this reference. Such amendments represent the addition of the 250 square feet of floor area in the third bedroom addition to each condominium unit 6, 7 and 8. 4. GENERAL. 4.1 Provisions of this instrument shall be an addition to and amend the provisions contained in the recorded Condominium Declaration for the Clarendon Condominiums and the First Amendment to the Condominium Declaration for the Clarendon Condominiums. 4.2 If any of the provisions of this instrument or any paragraphs, sentence, clause or word or the application thereof in any circumstance be invalid, such invalidity shall not affect the validity of the remainder of this instrument, and the application of any such provisions in any other circumstances shall not be affected thereby. 4.3 Provisions of this instrument shall be an addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. 4.4 This second amendment to the Condominium Declaration of the Clarendon Condominiums may be executed in multiple counterparts, and each such counterpart shall be deemed to be an original hereof, binding upon the party or I �k BOOK 48 1 SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS,❑((�I [p I_' ETT.; BANNER Dated: AfiZIL 23 1982 PiT�I;i CTY. RECCRDER 1. RECITALS JUL 133 3 53 PM'83 1.1 Original Declaration. The Condominium Declaration for the Clarendon Condominiums was recorded in Book 319 at Page 415, et sec. of the records.of Pitkinn County. The First Amedment to the Condominium Declaration was recorded in Book 410 at Pages 80-108. 1.2 Condominium Map. The Condominium Map of the Clarendon Condominiums was filed in Plat Book 5 at Pages 36-39, and the First Amendment to the Condominium Map -of the Clarendon Condominiums was filed in Plat Book.11 at Page 71. 1.3 Building Addition. Condominium units 6, 7 and 8 of the Clarendon Condominiums have been expanded by the addition of a 250-square-foot bedroom to each such unit' changing each such condominium unit from a two -bedroom to a three -bedroom unit. 1.4 Association and Owner Approval. The `Clarendon Condominium Association and the requisite number of owners have approved the addition of the bedroom to condominium units 6, 7 and 8 and desire to amend the Condominium Declaration and the Condominium Map -to reflect these additions to condominium units 6, 7 and 8. 1.5 Amendment Allowed. Paragraph 12.2 of the Condominium Declaration for the Clarendon Condominiums provides that the Declaration may be amended by the recording of a written instrument specifying the amendment and executed by the owners of not less than seventy percent (70%) of the total voting power of the Association and, further, provides that such change shall not become effective until thirty (30) days after written notification of such amendment is sent to all first mortgagees of record. NOW, THEREFORE, the requisite number of owners do hereby publish, declare and acknowledge that the following terms, covenants and conditions shall apply to the Clarendon Condominiums and the above described additions thereto and shall be deemed to run with the land and be a burden and a benefit to all of the owners and the Clarendon Condominium Association and each of their successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. _,/ `t-LU fAL:_LUt.J I r -- -- _ _ r. it �... �' F D 1 ! ` C 9 •v n • 9 p D C I' k Y..- jr ago. ,•r. ara-aaa trfifl'1' - r.....:..• rf�'JYi ' 9 ys p 4. AT OF DELIVERyOF DELIVERY � Lw� 5. ADORE ( mplate only y Y SENDER: Complete hems 1, 2, and ). Add your addrw In the "RETURN TO" sDau on rtvetse. • I. The following service is requested (check one). g] Show to whom and date delivered.......... _¢ Show to whom , date, and address of delivery.._¢ RESTRICTED DELIVERY Show to whom and date delivered .......... _¢ RESTRICTED DELIVERY. Show to whom, date, and address of delivery.S- (CONSUCT POSTMASTER FOR FEES) I. ARTICLE ADDRESSED TO: Republic Nat'l Bank of Dalla Pacific & Ervay Dallas, TX 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. I6�72772 I (Alw obpin sianatun of sddmta• a sp•ntl I have rett' ed he articlr described about. SIGNATUR Addressee ❑ Autl•utG a C SENDER: Compete items 1, 3, and 3. -- - y' C A i Add your addretain the "RETURN.TO" aPacem, ? -1. The following; service is requested (check one), Show to whom and date delivered..'.::: ' Show to whom, date, and address of delivery;., RESTRICTED. DELIVERY Show to whom and date delivered.:.:{;':, v ;• F': RESTRICTED DELIVERY: , ,�; Show to. whom, date, and address of delivery;$ (CONSULT POSTMASTER FOR FEES)_=f 2. ARTICLE ADDRESSED•T0: `�-- `;•;:-'!;ir''„ '� ): 4 King City Federal-.; S&L1_'ASSO0: 117 North Tenth.. y`'�' Mount Vernon,-• 3. ARTICLE DESCRIPTION: - ,.,i+l: _'_ ". r ..,.'.^`i�j REGISTERED NO. CERTIFIED'NO.++ INSURED NO 16572771 I (Always obtain siptatur- of addisse or want' I have received the article described above.:.,,_ SIGNATURE ❑ Addressee -' , ❑ 'Authorized agent. ATE OF DELIVERY h.. :.. `'e�TV. K' !' M•�'.'",�'p�-s S. ADDRESS (COmlplata only if n oud) _ 6. UNABLE TO DELIVER GBECAUS C Y r r �N j 1 � {r n••qt-s•a' r I tlU 1111i,.1V 1 N Q SENDER Compime it—s 1, 2, end 3. - ;.+^ • - _ Add )our addrrm he the -RETURN TO- spsp m iVt'er[a •. r.. The following service 1s requested (chuck )II I. i IC t.,)M Show to whom and date debvered.,..n .Lrj Show to whom, date and address of delivery...— t RESTRICTED DELIVERY s. •.Show to whim and date dellvered............_t RESTRICTED DELIVERY. rs,show to wham, date, and addre a of delivery.$_. Y; „ ' n (CONSULT POSTMASTER F.0 PEES) c i ARTICLE ADDREE3EDD TO: Nor.+ as Sta„ !OW vngs?&XI,on.,Assoc, • �ast�S�-xth ^Fremont, NB 1 ARTICLE DESCRIPTION: ' - REOIETERED NO. CERTIPIED NO:' INSURED NO., 16572787 +:-. � (Always ebt3ln gicnaarra of Bddreaaee' agent) .1 have received dia article des.:ribed above. ; .. . SICNATURE f]Atldn, thorsad sett .- a. DATSOP DELIVERY - ►OSTMARK l AUDRE33 KC Pk4 only it W- mid) 1, 0: :(UNABLE TO DELMR BECAUSE: CLERK'B INIT l3 Q SENDER: Complete items 1, 2, aad 3. - . .. Add your sddrsa In the "RETURN TO" Wane m ` nveew o = n �n ]t m 1.The following service is requested (check one.) X60 Show to whom and date delivered............ —t . ClShow to whom, date and address of deb very..._ tT : _ ❑ RESTR1CfED DELIVERY I Show to whom and date delivered..LI...... _4 ❑ RESTRICTED DELIVERY. . Show to whom. date, and address of delivery.$_ ' (CONSULT POSTMASTER FOR FEES)_ 2• •RTICLE.ADORESX nTD.� a ;NebraskcL.,Stt as1 & Loan•�AsS,oG East Sixth Fremont, NB 3.. .ARTICLE DCSCHIPTICN; REGISTERED NO.[CE r:TIPIED NO.INSURED NO: 572776 I (Always obtain signature of aJdras:re or ap:ntl 1 have received the art:clu described abure. SIGNATURE CAdilch.d ed anent i DATE O�LIQERY POSTMARK !- • ADDRESS (Compton rn:, U rea Od) 1 1, n ? e.. �t(+, tL TO DE LIv kN tlLCAUSE: CLERK-4 C 1 j} GYO : 197DJ00 iti9 R 1► • .SENDER: CompleteRates 1, 2, and 3.,r' ,-pOmar , Add yogp. ddnas in thC"R'ifi RN TO" space on = 1. The following; service is requested (check one).' Show to whom and date delivered......... ............ -� Show Show to whom, date, and address of delivery, ._Q: , ❑ RESTRICTED DELIVERY. - Show to whom and date delivered .......... Q 3' RESTRICTED DELIVERY. . . st Show to whom, date, ,i and address of delivery. S (CONSULT POSTMASTER FOR FEES) e ' 'DPP 2. ARTICLE AODRESSED'TOtt(j0• ,Dra�SAy1 linvestmen rp m C Stemmo�ris, Box TX 806, Lewisvill , 7: 3. ARTICLE DESCRIPTION: m REGISTERED NO. CERTIFIED I6572782 NO. INSURED NO.."y , a I (Alweyl ohoin tignsture cf eddnssee w ag ntl N+ 1 have recrived hr article described above. m SIGNATURE 4Jdre ❑ see ❑ Authorized agent m /I ,' N � a 0 DATE OF DELIVERY /� ( POSTMARK S. ADDRESS (Complsto onlyld rAq.asled) D Z "1 = 6. UNABLE 70 DELIy E'M BECAUSEr �._ �' CLERK'S ' �C.�r INITIALS .-si1.r'• �' S+.Lt.A}1.Wtlalf l:�Y�wSd'`j�?.t�s� ,a SENDER: Coroplaft hoots 1, t and 3. Add your odd— in this "RETURN TO spaces A"ines. I The following service is requested (check one.) X0 Show to whom and date delivered ........... ­0 Show to whom, date and addicu of deRvery-­4 0 RESTRICTED DELIVERY Show to whom and date .0 RoTju—crm DELIVERY. Fi, Show to whom, date, and addrets of dtlhvry.S— (CONSULT POS-IWIASTER FOR'FEM 11' 2—ARTICLEADDRESSEDTO' First Western Mortgage Corp. of Texas, o e SENDER: Complete items 1, 2, and 3. Add your address in the "RETURN TO" space on reverse. I. T11, following service is requested (check one), ;C Show to whom and date delivered .......... F1 Show to whom, date, and address of delivery. _4 E] RESTRICTED DELIVERY Show to whom and date delivered .......... RESTRICTED DELIVERY. Show to whom, date, and address of clefivery,$— (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADDRESSED I n dws.t r.;L a I S &vj &r.Loan ssoc ='iation, '' 8017ahau:"-- . &n�80ln"highway, Fairview Heights, IL 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO.INSURED NO. 6572784 I have r c d the article described above.1 0 ;" "I �ATUI �E Addressee (D) Aulliorized ag5pt /DATE OF/bELIVE aoi) �R 8tT �Y,\ 5. ADDRESS (Cornpl-r. only 109—W) 6. UNABLE TO DELIVER `�R` INITIALS ngs wut,410 n406 ii '"a SENDER; Completaiiiiiiia 1.2,and 3. Add your iiddroussus the "RETURN TO' space "aa I. The following service is requested jcheck one - Show to whom and date delivered Show to whom, date, and address of delivery E] RESTRICTED DELIVERY Show to whom and date delivered. RESTRICTED DELIVERY. Show to whom, date, and address of delivery-. S_ (CONSULT POSTMASTER FOR FEES):,. 2. ARTICLE ADDRESSED TO: Fort Worth Mortgage Co. 2626 West Freeway Fort Worth, Tx 3. ARTICLE DESCRIPTION:• REGISTERED NO. CERTIFIED NO INSURED NO,'! 6572769 I have received the article clescribed. above;' SIGNATURE 0 Addressee. 0 'Authorized agent U our sc' 7, 4 * ,;!.t E v cllf__�"a ARK ELI A '�q 5. ADDRESS (complete only il�� rst�1111 6. UNABLE TO DELIVER BECAU RIAK'LS:S USvQ NIT 9 SENDER: Complete items 1.2,end a. "RETURN Add your address in the TO" sp M. I The following service is requested (check o Show to whom and date delivered......_ ..: Show to whom, date, and address of dellveryt RESTRICTED DELIVERY Show to whom and date delivered RESTRICTED DELIVERY, Show to whom, date, and address of delivery: (CONSULT'POSTMASTER: FOR FEES), i 2. ARTICLE ADDRESSED TO: E.V. Chilson- & Co Box 4840 g ' 81612q Aspen, CO 3. ARTICLE DESCRIPTION:—I REGISTERED NO. CERTIFIED O. N 1� I , �N I '57,� I (AIy..btau..,gjr..ofdd_ apent I have received the article described above. I SIGNATURE Addressee 0 Authorize orize ageqt 4. > 4 DATE OF DELIVERY i PO I WMARK Y. 5. ADDRESS (Complete only if I.Questid) 6 UNABLE TO DELIVER BECAUSE: and J. Add youe *&Um le, the -RETURN TO' slaw. ass IMmseld, 1. The following service is requested (check am.) -i.,. Show to who and data delivered ............... Show to whom, and addiness of delivery.- 4 0 RESTRICTED DELIVERY Show to whom and date delivered. 0 RESTRICTED Show to whom and address of delivery.$ (CMULT POMUASTER FOR 2.. 'ARTICLE ADORRUED TOI Fort Worth­-.*�' Mortgage Corp., 2626 West Freeway, Fort Worth, TX m date DELIVERY. data, FEES) • :.- ARTIGLX DILWHIIFFIOU, R&GISTERID NO. NO. 65' 1 (Always signature Of ar.1drietsee or agent) CERTIFIED Nov INSURED obtain I hAVO TCUIVCd the article described above. A- t. V AP OF DELIVERY 198T) L ADORE" lCasmPtents a lv It nwjN wOK 410 p:,,E 105 ii 1 SENDER: Complete items 1, 2, and 3. Add your address in the "RETURN TO- ps" o. mlene. 'I. The following service is requested (check one). H(Show to whom and date delivered.........._C Show to whom, date, and address of.delivery. .-I iy RESTRICTED DELIVERY Show to whom and date delivered .......... -0 RESTRICTED DELIVERY. Show to whom, date, and address of delivery1- (CONSULT POSTMASTER FOR FEES)SG 2. ARTICLE ADDRESSED TO:w.1-andoxf Savinss C 3. ARTICLE DESCRIPTION: REGISTERED NO. I CERTIFIED NO. INSURED NO. !2 6572785 I (Always obtain signature of.ddrinoes or soentl I have received the article described above. SIGNATURE C] Addressee '0 Author qA4 f Y( Z 4. DATE OF OE C �IVERY POST 11 "o TI S. ADDRESS (Complete only it reouesto P 6 0 . UNABLE TO DELIVER B E it LV 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. UNABLI TO DELIVER SECAUM, %%, , 4w� _ USENDEJU C..PLt. Its. 1. 2. WUN410 PnE104 HOLDER OF FIRST UNIT MORTGAGE OR INSTRU- BOOK & NO. OWNER DEED OF TRUST MENT* PAGE 12 Earl M. and Marilyn E.V. Chilson & DOT 329/656 Latterman, 1230 Company, Box Squirrel Hill Avenue, 4840, Aspen, CO Pittsburgh, PA 15217 81612 Nebraska State ASN 330/562 Savings & Loan Association, East Sixth Fremont, NB 13 Calvin Lui Colonial Investment DOT 375/174 Hawaiian Adventure Corporation, 217 - 1833 Kalakaua S. Stemmons, Box Honolulu, HI 96815 806, Lewisville, Texas 14 Jamie Sada Aspen Home DOT 388/77 Box 73, Colonia Mortgage del Valle, Nuevo Corporation Leon, Mexico Box E-3, Aspen, Conveyed by QCD Colorado 81612 on 3/11/80, Bk. 384, Pg. 819, to Sabinio King City Federal ASN 383/81 Valley, N.V. Savings and Loan Association 117 North Tenth Mount Vernon, IL 15 James M. Nicklos Republic National DOT 404/688, Stella J. Nicklos Bank of Dallas 3015 Del Monte Pacific & Ervay Houston, TX 77019 Dallas, Texas * NOTE: DOT = Deed of trust ASN = Assignment of deed of trust The foregoing AFFIDAVIT OF MAILING as subscribed and sworn to before me this !/ day of `/�II-tr 1981, by My commission expires '-,,,,Witness my hand and official seal. ........... `- '^' Notary Public -3- J �U^410 UNIT NO. OWNER 5 Richard F. and Sylvia Kaufman 740 Lake Drive, North Muskegon, MI 49443 6 Dean L. and Marilyn Greenberg, Box 129, Sioux City Cold Storage, Newport, MN 55055 7 Bryan Wilson 1938 Coldwater Canyon, Beverly Hills, CA 92210 8 Dr. Lee & Gertrude Gladstone, 1212 Lake Shore Drive, #23AS, Chicago, IL 60610 9 Samuel Lehrman Box 10061 Aspen, CO 81612 10 Nathan Landow 4710 Bethesda Avenue Bethesda, MD 20014 11 David & Elizabeth Kruidenier, c/o Aspen Properties Box 10502 Aspen, CO 81612 HOLDER OF FIRST MORTGAGE OR INSTRU- DEED OF TRUST MENT* National Lumber- DOT man's Bank & Trust Co., One Lumberman's Square, Muskegon, MI 49443 None First Western Mort- DOT gage Corporation of Texas, Box 2990, Fort Worth, TX 76101 Fort Worth Mortgage ASN Corporation, 2626 West Freeway, Fort Worth, Texas Industrial Savings & Loan Association, 801 Lincoln Highway, Fairview Heights, IL ASN None E.V. Chilson & Company, Box 4840, Aspen, CO 81612 Nebraska State Savings & Loan Association, East Sixth, Fremont, NB None None -2- BOOK & PAGE 362/623 364/479 364/485 366/173 DOT 391/594 ASN 392/424 Recorded at 1: Reception# 233616 WM June 18, 1981 Loretta Banner, Recorder AFFIDAVIT OF MAILING OFun THE FIRST AMENDMENT —TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The undersigned, first being duly sworn, deposes and say. that a true and correct copy of the attached First Amendment to the Condominium Declaration for the Clarendon Condominiums, together with the attached amended Exhibit "B" to such Declarati, and a copy of the First Amendment to the Condominium Map sheet 3A of 4, was mailed by certified mail, return receipt requested, this 4th day of . May. , 1981, to all of the first mortgage or first deed of trust holders and assignees thereof of a Clarendon Condominium Unit as follows. HOLDER OF FIRST UNIT MORTGAGE OR INSTRU- BOOK & N0. OWNER DEED OF TRUST MENT* PAGE 1 Robert N. Noyce None and Ann S. Bowers 690 Loyola Drive Los Altos, CA 94022 2 Schak & Schakowsky First Western Partnership Mortgage Corpor- 3418 West Main Street ation, Box 5808, Skokie, IL 62650 Arlington, TX 76011 Fort Worth Mortgage Corpor- ation, 2626 West Freeway, Fort Worth, Texas 3 Donald E. Kolmer, D.D.S., 302 Farmers Bank Building, Jack- sonville, IL 62650 4 James S. & Joy Dubose Box 2990 Fort Worth, TX 76113 Glandorf Savings and Loan Associa- tion, Glandorf, OH None None DOT 320/352 ASN 320/359 ASN 324/719 Rece ti o ded at 1:57PM June 18, 1981 — a tta Banner, Recorder P JOSEPH E. EDWARDS, JR. , ATTO R N EY AT LAW THE JEROME PROFESSIONAL BUILDING 201 NORTH MILL STREET, SUITE #109 ASPEN, COLORADO 81611 TELEPHONE (303) 925-7116 bUUA A ,�:10.s. May 1, 1981 Re: Gentlemen, You are the holder or prior holder of a deed of trust encumbering the above referenced condominium unit. The owners of Unit 12 in such condominium have added on a bedroom to their unit which has made necessary a minor change to Exhibit B to the Condominium Declaration, which exhibit apportioned the various voting and assessment points among the respective units. Paragraph 12.2 of the original Condominium Declaration provided that the Declaration may be amended but that any such amendment should not be effective until thirty (30) days after written notification of the amendment is sent to all first mortgagees of record. Therefore, we are enclosing a copy of the First Amendment to the Condominium Declaration and the First Amendment to the Map thereof for the purpose of complying with this provision of the Declaration. If you have any questions or comments, please feel free to contact me. Very truly yours, Jos p wa r. At orne .f Earl Lattermn, owner of Unit 12, Clarendon Condominiums JEE ch Enclosures "vun 410 maL 10D AC` IC) O^ r'El.: DO',nD G. DIE,CT0:2S 'L-3• WITHOUT P.11-7-ETILNC A35O�..I�.,T�•�..,� Section Iv(8) of the By-Lac•rs of the Clarendon Condo- minium ',ssoci�ltion, Inc., provides that action may be t-at:en Oy B. and of Directors without a r._cting if a wri tt n coilt scat i n7 forth the action► to ba talon .shall be signed by all of the Directors. 1. The entire Board of Directors hereby consents in writing to the c.,Jthin action by the Board utith6ut the necessity a formal r: eetin,r. . That a cop_,, �ef this consea,t and action shall be placed c•rith the minutes and other records of the Board. 2. That subject to the provisions hereof, the owners of unit 12, Earl and Marilyn Latterman a'nd.their agents shall be i granted a license to encroac;ir upon and modify the general com-mor elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in I the Indemnity Agreement attached as Exhibit "B". 3. That the president and secretary of the Association are authorized and instructed to execute the Indemnity Acreemen' (L'xhibit "B"), which is incorporated herein by this reference. 4. That such construction sh-;11 take place during the period frori Labor Day to December 15 or April 1 to June 15. The Lattermans shall reasonably atte-int to coordinate suchh 1 construction c•;ith the reolacerhent of the cor.cor^.ir.iun roof. The Lattermans shall Ilot actually begin construction until ten (10) days after the Lattermans and their contractors' cor..pletio and perLormance bond :has been furnished to the .sseciation's 4 attorney and president. 5. That the president and secretary are authorized and instructed in behalf of the Association to execute as co - applicants :,iith the Lattermans, an application to amend the approved P.U.D. plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be borne by the Lattermans. DATED this day of x /z,,-A� Director 61 Director Director Director Direc`or 1980. J °uuN410 99 11�.•L 1. G:i �� :� U0:1 RJ 0- L)1B C7 RS Section IV(3) of the fy-Lars of the Clarendon Condo- minium '.s7,oci: tion, inc., provides that action may be taken lot:• t:-.c Eo: r_l of Directors without a r^eeting if a wrli:.LC`n CO:;=;r=•:i': soLtirg forth tha action to be taken shall ue sLgncd by all of the Directors. 1. The entire: Board of Directors herebv consents in writing to the =.� ithin action by the Board c•; i thout the nncessity oE- a formal mcrating. That a copy of this consent and action shall be placed with the Minutes and other records of the Board. 2. That subject to the provisions hereof, the o,,n-:rs of unit 12, Earl and ZLtrilyn Latterman and their agents shall be . granted a license to encroac,i upon and modify the general co.m-saon elements of the Clarendon Condo-miniums as reasonably necessary to construct a third bedroom! addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in the Indemnity Agreement attached as Exhibit "B". 3. That the president and secretary of the Association are authorizes and instructed to execute the InIder^nity agreement (Exhibit "B"), which is incorporated herein by this reference. 4. That such construction shall take place during_ the period from Labor Day to December 15 or April 1 to June 15. The Lattermans shall reasonably attempt to coordinate such construction r:ith the reolacembnt of the condominium) root. The Lattermans shall no%.actually begin construction until ten (10) days after the Lattermans and their contractors' completion and performanc bond has been furnished to the Association's attorney and president. 5. That the president and secretary are authorized and instructed in behalf of the Association to execute as co - applicants with the Lattermans, an application to amend the approved P.U.D. plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be borne by the Lattermans. aED this a� day of XE Director Director (1,-t , 1980. 61 Director Director Direczor `1\410 AC`L'IO,"! OF i E;., i;OA!'D OF lei'- C SOPS Section IV(^o) of the By -Lac -is of the Clarendon Condo- miniu,a Inc., provides that action may be taken L):!rd of DirecLors without a me'eLing if a writtoi? C:vi•.' _:<<_ sottiny forth the action' to be s;iall be s ignot-1 by all of tha Directors. 1. The entire Board of Directors herebv consents in writing to the within action by the Board �-, ithout the necessity, _ a form--,1 r.._eting. Thai; a copy _o f this coilsent and action shall be placed with the minutes and other records of the Board. 2. That subject to the provisions hereof, the owners of. unit 12, Earl and V--trilyn Latterm.an and their agents shall be granted a license to encroach upon and r„odif_y the general com_:,oi elements of the Clarendon Con�ominiuns as reasonably necessary to construct: a third bedroc-i addition to such unit shoc•;n in the drawing attached.as Exhibit "A" hereto and described in ' the Indemnity Agreement attached as Ex-iibit "B". 3. That the president and secretary of the Association are authorized and instructea to exeCLte the Indemnity Arreemen (Exhibit "B"), which is incorporated herein by this reference. 4. That such construction shall take place during the i period from Labor Day to Dece:r,ber 15 or 'pril 1 to June 15. The Lattermans shall reasonably attempt to coordinate such construction c-rit:.h the reolaceTYnt of the condominium roof. The Lztterr-ans shall not actually begin construction until ten (10) days after the Latter —mans and their con::_rectors' com.oletio: and performance bend has been furnished to the :association's attorney and president. 5. ThaL the president and secretary are authoriz--d and instructed in behalf of the Association to execute as co - applicants with the Lattermans, an application to amend the approved P.U.D. clan for the Clarendon Condominiums so long as all expense connected with processing such application shall be.borne by the Lattermans. DATED this /ate day of Dir ctor D1rECtOr Director Director Director , 1980. buun 410 97 ACTION OF THE BOARD OF DIRECTORS OF THE CLARENDON CONDOMINIUM ASSOCIATION WITHOUT A MEETING Section IV(8) of the By -Laws of the Clarendon Condo- minium Association, Inc., provides that action may be taken by the Board of Directors without a meeting if a written consent setting forth the action to be taken shall be signed by all of the Directors. 1. The entire Board of Directors hereby consents in writing to the within action by the Board without the necessity of. a formal meeting. That a copy of this consent and action shall be placed with the minutes and other records of the Board. 2. That subject to the provisions hereof, the owners of unit 12, Earl and Marilyn Latterman and their agents shall be granted a license to encroach upon and modify the general common elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit shown in the drawing attached as Exhibit "A" hereto and described in the Indemnity Agreement attached as Exhibit "B". 3. That the president and secretary of the Association are authorized and instructed to execute the Indemnity Agreements (Exhibit "B"), which is incorporated herein by this reference. 4. That such construction shall take place during the period from Labor Day to December 15 or April 1 to June 15. The Lattermans shall reasonably attempt to coordinate such construction with the replacement of the condcminium roof. The Lattermans shall not actually begin construction until ten (10) days after the Lattermans and their contractors' completion and performance bond has been furnished to the Association's attorney and president. 5. That the president and secretary are authorized and instructed in behalf of the Association to execute as co - applicants with the Lattermans, an application to amend the approved P.U.D. plan for the Clarendon Condominiums so long as all expense connected with processing such application shall be borne by the Lattermans. DATED thisLJ day of 1980. •` -rr1^ / / / �/ ISirecLo Il) Director Director Director Director "'410 pn,� 90 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominiun unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and -confirming said act of attachment for all intents and purposes as if the undersigned had executed tha master recorded First Amendmei to the Condominium Declaration for. Clarendon Condominiums. DATED this L4 day of OJ C'y`�k , 1980. ' OWNER: OWNER: STATE OF ss. COUNTY OF `1-IQMc�� ) �i The foregoing instrument was acknowledged before me this it day of 1980, by I� WITNESS my hand and official seal. "My commission expires: Notary Pub-lic �`� Cathey Romack C Il7tii�('. Notary Public In and For Harris County, Texas i� li 11 �'ju" 4l0 P,,GE 95 CO*JNTERPART SICNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS . The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this 29thday of , September OWNER: 1980. SABINIO VALLEY N.V:7, a Netherlands Antillesi Corporation ; jJaime Sada, Managing Director STATE OF COLORADO ) ss. i COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this li 29thday of _September , 1980, by JAIME SADA. Managing I I.., Director of Sabinio Valley N V , a Netherlands Anti Ps cnrnnratign. WITNESS my hand and. otficial seal. �\iil� ��� ,•.�My, com-nission expires: November 7, 1983 I Notary ublic I. ',�Cy '.• I �I �I i I� II '410 94 l COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTAC1119ENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS . The undersigned, being one of the owners of a condominiur unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master. recorded First Amendme to the Condominium Declaration for Clarendon Condominiums. DATED this day of , 1980. OWNER: OWNER: i� STATE OF HAWAII ) ss. City & 11 COUNTY OF Honolulu ) The foregoing instrument was acknowledged before me thi; jI 29thday of July , 1980, by Calvin W. Lui II WITNESS ,ny hand and official seal. My commission expires:_ January 24, 1982 Notary Public st Judicial Circu 1 " State of Hawaii .�, Ups 1<•, i 1 II I II "^410 PACE 93 COUNTERPART SICNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendment to the Condominium Declaration for Clarendon Condominiums. DATED this Z {pKday of — 1980. OWNER: 0 ER: STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this II [� day of (� tl✓�— 1980, by ! — li n ` vA aA -J -- WITNESS, my hand and official seal._ �� ` `;��'�•' My commission expires: ff L jNotary Publ:icc `I 1 �I "W"410 PAGE 92 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACIiMENT TO FIRST AMEND- MENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being one of the owners of a condominiun unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges reciept of and his/her execution of a counterpart of the First Amendment to Condominium Declaration for Clarendon. Condominiums dated as of 1980, the undersigned hereby authorizes the attachment of this signature and acknowledgement page to the master First Amendment to Condominium Declaration for the Clarendon Condominiums, to be recorded, hereby ratifying and confirming said act of attachment for all intents and purposes as if the undersigned had executed the master recorded First Amendme to the Condominium Declaration for Clarendon Condominiums. DATED this % day of "r 1980. OWNER: 011 OATNER : STATE OF ss. COUNTY The foregoing instrument_ was acknowledged before me thi: day of i "� ; r„„ _, 1980, by i/!� ii✓�..:,:� l WITNESS my hand and official seal. �`-•;.T, My commission expires: _ Notary Public - r 1)0 \T L4 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENRA148 P',EVJ FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated AV 9-1L Z3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declar-&tion for the Clarendon Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the SA� day of STATE OF 7 ) ) ss. COUNTY OF i,q,Fy,J 7- M Ay/ , 1982. The foregoing instrument was acknowledged before me this .3kb day of /�caI , 1982, by S. �'S'S , and -7-, ., My commission expires 7/is /-es- My address is P v. ,� �-99�. �o2i i���%�; %�' 76 Witness my hand and official se 1. �ptAttYp . otar Public Off• N 1-r S BOOK 448 PAGE589 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated A?9-%L- Z3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 76 day of � � 1982. OWNER OWNE STATE OF MJC.� (444#j ) ) ss. COUNTY OF MU5fCf_C�01J ) The foregoing instrument was acknowledged before me this �7,-r1 day ofCG�S. 1982, by Richard F. Kaufman and Sylvia Kaufman My commission expires My address is �`� Witness my hand and official seal. �� t.�lliii y �� 6 Notary Public '� `j '-r 6 eooK 448 PAGE 590 I ' COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT 1 TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated Prp 9-1L 2.3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 26th day of April , 1982./ OWNER OWNER �T 1 i STATE OF Minnesota ) 1 ) ss. COUNTY OF Dakota ) The foregoing instrument was acknowledged before me this 26th day of April 1982, by Dean Greenberg and Marilyn Greenberg M commission expires December 6, 1988 Y P , j My address is 3877 Conroy Trail, Inver Grove.Hgts., M 55075 Witness my hand and official seal. ,�-. SANDRA J. BRUSH NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY u� My Sqm n expire Dec. 6, 1988 Nertaiy Pub c ") K) i -r 7 Book 448 PAGE591 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin,•State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to.. Condominium Declaration for Clarendon Condominiums dated Ape%L- 'Z3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declar&tion for the Clarendon Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the '2F day of /6 �- STATE OF �i9C�-o,e.,)-A ss. COUNTY OF,10S Aj6:t,LEs 1982. OWNER OWNER The foregoing instrument was acknowledged before me this day of /�/°�� �-- 1982, by 13R/ 9,,) uJ, L.ro,J and My commission expires My address is Witness my hand and official seal. Notary Public OFFICIAL SEAL IRIS LEEDS o NOTARY PUBLIC • CALIFORNIA LOS ANGELE�27, 1 =� My Comm, expire T BOOK 448 PAGE 592 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated P.P RIL - 3 , 1982, and authorizes the. attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 41 day of 1982. -- n d OWNER OWNER STATE OF s s . 'A COUNTY OF co ) The foregoing instrument was acknowledged before r& ,gip this y day of 1982, by j., •° LSE/�� S'�c• and M commission expires Y p My Commission Expires March 20, 1985 My address is C Witness my hand and official seal. Notdry Public i i BOOK 448 P ,aE 593 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated " e.IL- Z 3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declar&tion for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the day of (%/982., ER OWNER STATE OF yy��,, ) s s . COUNTY OF i!/�c "M e i-y ) The foregoing instrument was acknowledged before me this ay of :��'%/ 1982, by ���o�� and My commission expires My address is �1-710 '6"`le Witness my hand and c 00TI Bou 448 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE I CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to - Condominium Declaration for Clarendon Condominiums dated 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second _ Amendment to Condominium Declaration for the Clarendon Condominiums to be recorded, hereby ratifying and confirming the act of -attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the .Z6/ day of STATE OF ss. COUNTY OF�'�` ) The foregoing instrument was acknowledged before me this c,?G day of �2 1982, by Earl M. Latterman // and Marilyn Latterman 1982. >� OWNER My commission expires My address is Witness my hand and official LCUISE M. SHERER, Ne!ary PLYie McKee5rcrl, A!"eg'-<r,y C: ;-1 y ,PA My Ccrr-;ssicn E:spires Sertencer i?, ;^>55 seal. 041 •6 -,. ry Public ft(bl�'` 0 BOON 448 PAaE595 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to. Condominium Declaration for Clarendon Condominiums dated APMIL Z 3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the -master Second Amendment to Condominium Declaration for the Clarendon. ' Condominiums to be recorded, hereby ratifying and•confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. Dated the 28th day of STATE OF HAWAII COUNTY OF HONOLULU The foregoing this 28th day of CALVIN W. LUI ss. c„r . UWNLx 1" instrument was April and acknowledged before me 1982, by My commission expires October 29, 1985 My address is 1833 Kalakaua Avenue, Sui.e 500, �•�: N" Honolulu, Hawaii 96815 P�� �'"''• i,tness my hand and official seal. -71 'Z' % Notary Public 'F CF V'J I T BOOK 448 PAGE599 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to.. Condominium Declaration for Clarendon Condominiums dated AP P-„ 7-3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon ' Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration foClarendon Condominiums. // Dated the *o day of M-AjY // , 19 V. OWNER OWN _ ' , ,VWE OF ) ,UMMti 7 rY, OF ) F•oFc J"The foregoing instrument was this ::�677/day of �ZZZ/27 r and acknowledged before me 1982, by My commission expires My address is �o�s' � s��iv Cd467 t Witness my hand and official seal. I UH(`F IS BOOK 448 PAGE597 COUNTERPART SIGNATURE AND ACKNOWLEDGEMENT PAGE FOR ATTACHMENT TO THE SECOND AMENDMENT TO THE CONDOMINIUM DECLARATION FOR THE CLARENDON CONDOMINIUMS The undersigned, being the owner(s) of a condominium unit, Clarendon Condominiums, County of Pitkin, State of Colorado, hereby acknowledges receipt of and his/her execution of a counterpart of the Second Amendment to - Condominium Declaration for Clarendon Condominiums dated Are(L z3 , 1982, and authorizes the attachment of this signature and acknowledgement page to the master Second Amendment to Condominium Declaration for the Clarendon Condominiums to be recorded, hereby ratifying and confirming the act of attachment for all intents and purposes as if the undersigned had executed the master recorded Second Amendment to the Condominium Declaration for Clarendon Condominiums. 2n Dated the 1 —day of� 1982. OWNER % OWNE STATE OF ss. COUNTY OF The foregoing instrurpent was acknowledged before me this --�3 day of ajC4-, 1982, by Rosamond B. Stanton and Edaar Stanton Jr. My commission expires My Commission Expires Sep i 1985 My address is 'r+« Witness my hand and off item the Council formally request that the 1975-76 season, and that the Counci to the community and the Council wishes by Councilman De Gregorio. All in favc City Manager Mahoney asked Council to allow him to build bus station shelters. Maho told Council the HPC had approved the design. The cost will be S3,0oo for two shelt one in Rubey park, one at the Rio Grande. Councilman Behrendt moved to allow City Manager Mahoney to spend $3,000 to build two bus shelters; seconded by Councilwoman Pedersen. Councilwoman Johnston asked if this answered yes. would be out of seventh penny funds; Mayor Stand: All in favor, motion carried. MEMBERSHIP ON THE HISTORICAL PRESERVATION COMMITTEE City ttorney uller ed a threeAaltternatetmembersainsordertto reachoaandum quorumxatatimes when members were for s the HPC felt they ne long periods of time. absent Councilwoman Pedersen moved to approve raising the HPC seconded by Councilman Parry. membership to three alternatP� City Attorney Stuller suggested member appoint appointing alternates by rotation, absent mhis alternate. Councilwoman Johnston said she felt ember designate which alternate would take his place would Over the vote. "I in favor, motion carried. BREWER, INC. (CLARENDOY) or have the absent that having the give better control Hal Clark of the planning office deficiencies told Council City Engineer Ellis had listed the he found in the plat. The landscape plan for the propert Little Nell condominiums and the Council the applicants have withdrawn their application from the Board Clark Adjustment between Clarendon is still being negotiated. C_ark told Of for the additional unit. The access through the propertyto W changed to come in at a more normal interface with West End road rather street bee West End street has been around West End street. than loopPH Clark calculated the open spac recommendation is to accept th Goodheim calculated the figure the planning office recommends City Engineer. - — September 22, :Councilman De Gregorio said he felt Council's concerns over the :were very well pointed out in Mahoney's memorandum. Mayor Standticket ..agreed with the concerns, Pricing :r� ,,,said he wanted to see the finaldraft. out a written statement. Y said if eve,y, Councilman Behr, z.Ralph Brendes,representing the Roaring Fork Citizens, told Council Sena :drafted a new bill to re -vamp not just the lift rate increases, but also the ^ -lease system. The RoaringFor for Has: el procedure, but with the k Citizen group is concerned not onlyperms .group will pursue this ipricessue aitself.s far Brendes told Council the Roaring the li.'. whether the Forest Service would grant their they can Brendes said he did g Fork w v.t Service probably woSery appeal; however, not know vet The Roaring Fork group will come backtoCouncil,elieve F'or, :get turned down on the appeal, and ask Council to join them in a court fi -alleged that the lift rate when tl procedure itself does not serve the communityfight. Brei Mayor Standley re -stated Council's position; to draft Mahone interests, .which he would have in the office for Council to review and initial. will be read at Haskell's Y's ideas into a stated hearing, October 4th. This statemer Bill Dunaway asked why the Council did -not take a stand on the Tanswered he felt the Council as an official body should stick toatherfacts rather t .:get into argumentative areas, such as Mayor St Council could point out that the Ski Co percentage of lift increase. Dunaway `using that as an illustration he rP doesn't have a season's y said th `-doesn't ask the City and the Co the inequity of the procedure. The sForest eSerivice �iiiy for any input or what the impact will be. Councilman Behrendt moved that as a separate - Ski Corp re -consider its pass lift rates for feels that their present pass is a detriment -the Ski Corp would re-examine them; seconded motion carried. e dedication to be 5,260 square feet. The planning offic e cash dedication for the full square footage. Brian for this property at S2.35 per square foot. Clark added approval of this proiect with the satisfaction of the Rick Ferrell, representing Brewer, inc., told Council he had had a meeting with Ellis and felt the technical issues were all very resolvable. FerreLl showed the Council a map of the property marked in red illustrating all the parts of the property that to be given to the City by deed, easement, trails, etc. Ferrell asked Council as the dedication a combination of cash and land. have land they would like to 'errell showed Council twp to take dedication of give the City, one bordering on Glory Hole park, and aPieces of dedication $7,367.25 for the 2,585 square feet not given to the City. cash Behrendt said that a total cash dedication would buy a substantial Piece oCouncilman somewhere else and the exchange that Ferrell is offerring is not of benefit to Public. P park land the • Regular Meeting Aspen City Council September 22 City Attorney Stuller said that a trail dedication applies only when the trail is -•a link in the approved trail plan. The extra trail that Ferrell is offering is not a 1 link in the trails plan. Councilman Behrendt said that Brewer would be putting fifteen high quality units into the community, and he felt that the cash dedication is a support to the community. . i Mayor Standley agreed and added that the government has got a social responsibility to the citizens of Aspen. Chuck Brandt, attorney for Brewer, pointed out the develop had contributed 14 per cent of the land area to the City. Councilman Behrendt moved to accept a cash dedication only; seconded by Councilman'7it: De Gregorio. _ Councilman Parry stated he felt that the City was making a person pay for the land ,".';+ and then asking this person to give the land to the City. Councilman Parry said he .- did not feel this was reasonable. City Manager Mahoney pointed out that they land the Council was discussing was worthless to the applicant. The land will be taken• off the tax rolls, and is a benefit to the applicant. Hal Clark reenforced the tur- down of the extra land dedication. The developer had contacted Parks Director ArmstroM who did not support the additional land given to Glory Hole park. All in favor, motion carried. Mayor Standley instructed the developer to work out the price for the cash dedication ` with the City Manager and planning office. Councilwoman Pedersen moved for final approval of Brewer subdivision subject to Ellis' final approval and keeping with the restraints set forth in the memo from the planning office; seconded by Councilman Behrendt. nc a Councilwoman Johnston questioned the twenty year limitation on the right-of-way for � the extension of West End. City Engineer Ellis said that was already a condition on the Gant. The City does need a time limitation, otherwise this becomes unsupportable Z.; in Court. i - All in favor, motion carried. CHANGE OF DEED - ERDMAN :4 City Attorney Stuller told Council this was a request for exchange of deeds to help Erdman quiet title to Lot G of Block 2. Stuller guaranteed that the City would have , i the right-of-way after the exchange. Councilman Behrendt authorized Mayor Standley to accept Erdman deed and to execute the City of Aspen's deed; seconded by Councilman Wishart. All in favor, motion carried: EXEMPTION FROM SUBDIVISION - ERDMAN A Mayor Standley pointed out there is no reason not to exempt the Erdman project from the definition of subdivision but there is no reason to exempt them from the payment 7 of subdivision dedication. City Attorney Stuller told Council the City Engineer has itno problems with exemption because all of his requirements are satisfied. Stuller s isaid t e applicant feels they should be exempt from the dedication requirements. i Chuck Brandt, representing Erdman, told Council this is an existing townsite lots and historically someone who has purchased one or two townsite lots has not been required to make a dedication. Erdman is buying nine platted townsite lots. Brandt pointed out there is an exception within the public dedication provision of the City code that the dedication requirement snail not be imposed in the event of construction of a single duplex, triplex, fourplex structure. 3randt stated Erdman is not sure what mixture he would put on these nine lots but it would be duplexes and single family residences and this should fall under the definition of exemption from the dedication. Brandt told Council that P 6 Z had recommended Erdman get an exemption from subdivision. Erdman told Council that the price of this land was so high that not to use this property to the allowable means of the zoning code would be financially unfeasible. The basic problem is that land acquired for present prices in the original townsite it is punative to remove any of that land from the allowable use. Mayor Standley listed the choices on this project; not to crant exemption, to grant exemption partially, to grant exemption on a condition of dedication of land or cash. Brandt pointed out the code states that land dedication or cash oavment shall not be paid under certain circumstances; Brandt contends that this project falls under these circumstances. City Attorney Stuller told Council the purpose of the exemption in the code was to deal with already built duplex, triplex, or fourplex being condominimi and sold. This situation is different as Erdman is taking 3 larger tract of land. Th is comparable of subdivision of raw land into parcels for construction sites. Stuller said one of the objectives of subdivision regulations is to provide a fund for park construction. Stuller stated she did not see any difference between Erdman applying to build three houses and a twelve or fifteen lot subdivision site. Councilman Wishart moved to grant the exemption if the owner agrees to a dedication - of land or cash; seconded by Councilwoman Johnston. Councilman De Gregorio questioned Council granting an exemption when Erdman is not sure what he is going to do with the land. Erdman told Council his proposal for this property was not to do anything less than what is presently allowed by the zoning code. Ermand said he could build four single family dwellings; one single family dwelling and two duplexes. This is allowed under the code and by the fact that this is nine City lots. • lar Meet Ci Council Januar] jar Meetinc Zeke Clymer, fire department, told Council it was getting to be a problem parking- puncilmd if said 15 to 20 vehicles suddenly converge on the fire department for an emergency. Cl ane - for deve. asked if the City would consider converting part of the park along the east side'o as fire station for parking. Clymer said that daily, for some reason, three or four'= presented c men come to the station to work and there is no place to park. Clymer said convey uildin9 Kane the park into a few parking places would not be expensive for the City. The fire _' uture•on the district would stand any expenses; the fire department would donate ti:ne and equi ility Attorney _ City a; Mayor Standley said he would rather than this under advisement and look at alternati Would have eqU such as designating an official zone, or part of City Hall parking lot. Mayor Start as to i directed City Manager Mahoney to work with the fire department, get their requiremen ownershiP' ar. work out a solution and bring it back to Council. minimized ` ASPENVIEW - Reapproval of final plat porter said the City Mayor Standley explained this project conformed to zoning, there were no problems, r or back throuo the the Council was reapproving the subdivision. _ develop Grueter gob Councilwoman Pedersen moved to reapprove AspenView final plat subdivision; seconded specially f by Councilman Parry. cilman Councilwoman Johnston asked if there were any changes since the first approval. Th oun two L as station were none. — aS. StullE 14 All in favor, motion carried. - with no lc I CLARE14DON - Reapproval of final plat Mayor Sta City Attorney Stuller told Council there has not been a recorded and accepted subdivt developme did not 1 be agreement. Also the Clarendon anticipates an exchanges of deeds to clarify the west could this i boundary. Council will have to authorize the Mayor to sign that deed. at Councilwoman Pedersen moved to reapprove the subdivision plat and accept for records Mayor St to authorize Mayor Standley to execute the subdivision agreement; and to authorize - Parry. included tc Mayor Standley to execute the quit claim deed; seconded by Councilman spoke w� Aspen Councilwoman Johnston pointed out that there are several blanks in the subdivision• where a 0 agreement. City Attorney Stuller said that Engineer Ellis had to calculate the amoua their traf for escrow and dedication fees. Clarendon will accept Ellis' estimates for these of the figures. to be c Councilwoman Johnston moved to amend the motion to include approval subject to the -' amounts being okayed by the City administration; seconded by Councilwoman Pedersen. - _Beamer with - All in favor of the amendment, motion carried. All in favor of the main motion, motion carried. preven repfeett - 15,001 TRUMANPROPERTY - Conceptual subdivision about 1. Kane told Council the P s Z had approved the conceptual subdivision with a general be el configuration of 23,000 square foot post office and 75,000 square foot general commer cial building. The Council had tabled the conceptual subdivision at the last meeting,. Count and required that the plan be amended to reduce the size of the commercial building. Sher: Also required was that the balance of the property be reserved for future rezoning oral have mechanism that would allow the developers of the land to come back to Council and ask for further development. Porter's reduction is proposed to go from 75,000 square fee Port to 55,000 square feet, which includes 10,000 for housing. Kane recommended the 10,00 loot. I; square feet for housing only if coordinated with the housing authority with some feet pick assurance that it be employee housing. Kane told Council there is 15,000 square Por' Ii of office space being proposed. The planning office is recommending, city-wide, tha oue� office space and retail/commercial be cut back. The planning office's general positioa was is that if the developers feel this is a reasonable use of land, there should be some _foc assurance that this is preserved as office space and not be converted into more retail. grc la: Kane reminded Council there is a general downzoning proposal pending before P 6 Z..' One of the recommendations in this proposal is to take food stores from 20,000 to �.. Co 15,000 square feet. The planning office is recommending that 5,000 square feet be sacrificed from this building, if the Council accepts a food store at 15,000 square—,. Cc �i feet. 11c 1 Joe Porter told Council this development is proposed 55,000 square feet; 5,000 square • C q feet in the basement that will be health facility primarily for people that will use-' C the building; 25,000 square feet of retail space; 20,000 square foot grocery store. . ' c On top of that 15,000 square feet of service and doctor office space; on top of that ►,,, housing C Sp 10,000 square feet of housing. Porter said he had no problem going through the authority, or with the contingency on the office space. Porter said at the last Council meeting the Council had discussed phasing the origina Ili 75,000 square foot project. Porter said they planned to phase the construction also,; starting with the retail first. Councilman Behrendt asked for 'an explanation of the conceptual block plan with dotted'. Them c lines. Porter replied those were future circulation plans, trail designations. lotsi are very conceputal. Councilman Behrendt asked by having a subdivision with two up �I one for the post office and one for the retail, isn't the Council opening itself to pressure from the developer in the future. Kane said very definitely. Kane said I the Council had felt that 75,000 square feet was too big, but maybe at some time in"•� the future it would be justified. The planning office said to cut back the building " I; but leave in the flexibility for future development on that site. CLfWN CNn U'"'D" 'PIeNUHENT TO p..• A 6MA It k j-I ,... c►:► ri"IcnTF. COLOMM PY OF `NgYr:N ;n for said state, Koch, city �10rk' hat the fOy WILY hereby ,t oin9 • � Kathryn r, Certify ty, (/ ntY and C11.y� _ comPlote COPY of 9 a truo, perfect and C I �1'ti i racord in mY offic-• a � ,ears o GYAi day o! as the same [[ seal this 1. N1'fN'SS my hand and of f icia�l-� l ty c tY 'CIE %A* •N•nnp•. • I sept cm•mD_er eLl_9t 0----_--"�---- Aspen City :2S6EST l;r!;2A 4o yOr Pmo Trm BvG rondt u•; ce- .Is public hoariny on •11 Cram• on the consent •q•Laa Cocina. These are Lm••mor License renewals !ur R. Pea'al ^kler'Ro " Reconcillata Chalet and St*8 k onmuOrdinance ter• City rarket: Second rea3m n'ms on Crdmnance 16, pe sty f and Ordinance tit, Charter T Arts[ t, ndment. C'uncml ;.re: crAmnance s�7, City Wall Roo or Pro Tam sehn net wndment, Tr><•• ♦nd Pc+•emus, Rends. There w[t no cOssatntf. Y closed tre public hcarinq. Councilman Parry raved to apurove all items on the content agenda) seconded by Councl lawn Isaac. All in favor, cotton carried. Counctiroe.an Micha.•1 moved that the City Council of Aspen cPleasa ommand tOC flak as and to city attorney of over two yea. a. The Council found Pan to be • pleasant wishes him and best oingl seconded DY Councilman Isaac. All in favor, swtion carried. ',operate in • Protu uonal manner. The Council rill miss him •in visor• him one Deet o luck wherever he is q Councilwoman Michael. All Councilman Isaac moved to adlourn at 10325 P.m.: seconded by in favor, motion carried. /"Z rya oc Y er Af n Clitv Council super 22 1 • I 1Mqular Meet in JOl�Th COUNTY COr, IONLRS P.M.with Colssio"t tlltild. 1 Commissioner Kinsley Called the sooting to order at tt10 r and Intt[lw City County Councilma Lbers Parry, Is At Bob atull�r.V'itYet4nawer. Present'in o d lnt*t were County (tanager Stewart. County Grueter• corking with the a ors co e•te cure the census ran smoothly. which it did not, The ems In us 1. 19t0 Census /. al. Brian Stafford told the Boards he had . census in oeaaus po and t.22t housing unit" thePalo counted 10,101 roe in ►itkin County June 1979 showed howed 1379 more houllin units andoff54tce colooR atdthescensustreriuults, that d told the *cards be Ms requested with the results and [eel they have alleged A large number of ►ousin County 1s not happy raoc unit they have housing units. eLta{ILreA:aid he Genvertelt tho[tieeisaysathey will notdoanythialg. CM only recourse not responded y is to tkae this up in court- is inaccurate north, Stafford answtred the Planning office feels the Commissioner Kinsley eked if the basis for this conclusion is the county from the 197t count and afford 9 1f9t •Dune is too :owl Stafford !eels is was pretty consistent with his eat es. however. Pitkin Coun.Y can not Mve lost 1)00 housing units. Stafford said he Celt there es. ltbuncilm•n Collin• Cane into Chambers)• Commissioner wN ver, conclusive evidence there is a mistake. Stafford said the ••sees counters count almost •11 condominluels as lodq court Cty hildatlons it wthgct aSCoilst order saidhe[al h�talt tlea+ld handle ill o thein at n C=J&int and testimony. Stafford sideif toetMu9ltkin County son rrwnt tont•e This isalso more people. it will mean $24.000 perY reflected in other distributions- If COO decided to do this tot this region, it Coeecy Attorney Stullor said economically• at•L! would not bother the bard with It un ems the city and county ataf[e werehandling- go. ling. would W • mo:e effective way Councilman Van No asked n cost Affect the ceheu "Os could ha•re directly on the City of Aepon. City Manager Chapman nM VantN*al said he directeatlon for the city Contributing to a lawsuit. Ms. Stoller said effect will W indirect! there will be 8OM revenue sharing. City - would need some J t. join the County because there is miscount tiat tMng in cpointhe trhe re they would like the ci co 1 to hire counsell the County ris not ca. Chapman •where MA. tcull•c said this rill not pay they can justify this in dollars but mould like the city to W Councilwomen the city needed more eat• on 'hat the census bureau has dona. In the sold it is evident needed on rheir tour, , in June 1979 there is • mistake in the county. evident said ■M would like co have • recommendation from •toff whether this ig worth ich going to court or not. eed with legal Proceeding+ if Councilman Isaac moved for the County to moo ahead end Droeion .• not grove adequ•ce *at ion the Councilman city of • van Mu s•be i the cenr..s •dministrarion _ xktt expenfest •tco.tdad by j • part', without committing to out'• i rried• All in favor, motion canditures to Augment the census takers ndttd a during the count was f10,490. and based On the Stafford resindod the 6o•rds they had authorltt expo rage• to f9SS7. Tha Actual expo method to distcitw t• thofc�.�n"'ould like to roce:ve •n additaoMl'f51f from Pftkin County and f131 from the City commissioner Kinsley moved to approve the $5191 seconded by Commissioner Child. All 1n favor, motion tattled. Councilman l6aac moved for the City to expand 7)]2 for census wages) seconded by Council- man Par, Y. all in favor, motion cariied• �r 1•�Jr l9so .Doc 22. '. rn cItV Cuunc II . A�Jof the tounc,l in th��o^nCarr„'d' ... - .. Inwt+ Yohn ,Iilvom�ncyAaheel aLAll In favor. t, b Cou ,t: a tto,et and wt'rx t..�r.•. a P ` 2 COMM, CanttuPhn9 LAs'�en• in c,l he ear o,.r the ilea It and mast[ pPartiesaid that t ld 17t•t t_nF...•_, P ` a re ye arq[ecdlanapTeya[dlCounciloed un lappriseopqond*t is uK �k fott�etLttndtng• Lee Pnc,ir••. . he 6t s keep th Nanr Ca^t[iI,e torte' CantruP a d ��o rtfe t ,isnracmeet., at Wash ad Vrenert,'a� rIth and ate d q recOaaae and the 1 r.11 then lw rgeit Iona owner ec• meal• �tion an tyO ovetnMnt [ether then P ` udtew •,ads to 9 � intotr" [ ah 1 rntruV ,a ether Solutions cad tttal:; tee well y d to 9/l0 of tt+° •: ^ sense 'age[ ou >a[JeecsaaJ tr•. cuss°; she ear oPP°°eWhat is lnekadtoread; alreadycihe tYthas. 2 pottlettho Dtowntechn,falt tactens °th cantering rules are r atlo an like City exceP ;he ra[ecY lice t° the last °rout •tt[ln9 Prollr)htenu :Ire undr[ the the aqends at putting jome . staff _ClLltt;APt.N�'-t o[, ht up Puttt^nded �� con t Nlchaalaeald She uld ltk• l Couneilwom nMrlehicks-tatfat lco�nt•eunctl`e°san in Toronto�rlESthf9 ael h the tsetse without back to council.Confer* presented to look •c thisandreport oclau[• for e ° been raP[esent•d to tlwo°an Nfe in front °{ ,,,fact- ^ to thts n Ntchancrl�onantN. hall a �ucb]ecceLd hand h�[aboey fCouneal o[ ^tNi hall• All 2. count, I m. Cou c on those t.0 neY to ten Councilwow'a , eta ,nd enc a Pending Mo d by axpeh rork,ny conference F`e agenda eecunde do Matet Congress on cegurated CO this this °^ the 1 put ad to the Colors apPtOva d to lsa•c move) to P ,ed• been aPV°inyeated to have council in f ,imah mutlun car[ d ha had rc9 ce r, 1st ee° in favor, {aa reP°t Counctlme wC Cong[eset on ac councilman co,n`htt°u°stings• the Colorado Mata[ 2) and 24 3.the leg" A attend es ends in Vail petobec of Lunde t Put on the motion Bart' All in favor. to one Coune►ls'ah Collinslnuipved ° to a housknq con �t Is there ationl every °^ etlnq- ccAnc,lruwrn told Council CM circuit at the next h Isaac City tnglnoet Council°\° invited. h�fvuuld like a r011tothte. ar office. {. a Ie new post • and every °^ ilman Isaacbrought uP thi•aac sai Jac findinq ao�[ound the P° sah n a. 0000 all coral 1"hchg About NCO suggl 'Ste l wit d h lll�hln9. Will iett&Ilylo downbe ay CouncileJ the cir ern tat. ncV°flatton C o agree_ ,aid eft kCA[thurQO not navy a P ° from tO negotiatedthis People g[•TTI t-NI-NT' erwnt come dsa,for ld ASPLN Mt)�h_A17! VARK �� rector. ,aid th to[oChe cur re at to, t9�a9 III LVa OS lorhe[sOffered r ,.ter ? tr hors inq di"'hipWalt S end So P°':the �xrst, nu a Current P elo°at,rq cm. Ji to P {[',line, pt ptoPu"'s un,tl t tne direct tvo 1,ns tar lcest art a,cmo 52S.�IUO Pc underbtc h t t park [cat l,gnmcn ell j ra•Ja to ° �p Para A c The {sting °nd meat rcn ndo.e t'[Is- w al. `. the Az ont_ - - nt tr.,ant to h rou d bt p0U Cc�h r .lib aqr ootu the Cu[ Improve" ' onal elk v.nc,`' Carr. f,ce Y rice a' all add 7'1, Imam P „ cr locate salt' roar•\\ ,oats for e . and hood l..tem. ,..;° c'"'i i,,r ,.ale allowed u ar.g rad,usr:• L t:'' -9 rou l`1 he lq {wee me['xs rr. rent al hsa+ru y i bey,n dlatr I..t a t,arh.,l lna'[an,l•I u.,.•lnwrIt t d'•vr lnV The aq a pure na: -y units o Lrm,neJ. for l'� cn the c and ,nc[ „n9 ld be all aJd,t u, not been Act 11 a , 9 to cal st tr..y Owners wou as ether tinenc, nt n n� " Peril t. location Y div where Ino ti4.,rt nl rhIr1, ".1 a-N{ o'St t° too cku toa tO 25 P°C k� 11 Said they ra• to t had Inc els ,•prnq k n,.re Ric t'rt[a the r•, to rake the city Ter t,.r• Wad been come ,u.he i;,,ter,t o{be r,•rw,ned rhi rain Par tnc V [,Wanting tra,:en• te• .u11 of [unar.cr'S•.% n a Park . :[ any on these a o� the land, t ate h { the l o{ Councilman Per[Y Ao lda na mortg Un°�..,. tra[lh�r oC trui le the arn[t[�°the P°es abal ���{cement .'-O arye buss .heir now. .' r, cunt `e.�ac[1 In t'+� with local bro loft a',; a^.rre are • l .,.rt.l: It t1,c {tnanrtny t-`(kea9e .,ny ,n .a.. _{ hose told ter.. toaeth a ,at trey Ftcnta In p,,, `arc rae° •r° r,. t.a'•• l r[ I.e,;,lo[cd. ,tit ll�pac well t.wU �. nt ob 1'J;t,'!r t,, )�t tu'n '� �,on:,• tCcJ' �'t. �.. t- In, �, t.xc ,ot r ,.. •`".. ly meth°J• ''• .1•"� •a t nl {;na:,�, aw Ile 0 1 na1 ,. '' `a t-nll[[nq tl.r-r ., a :urcl,.,c rne.1 ` •..et r, nl lt.. ., 1 r.t ,( all ar. `-cnr',r- ar It {a t`''� rp ,o• { .. '.1 ["' _ ,;n '- '';.t..flr' -' .[ti 'ar•. l,.r. rr•' .r... ,•nit .... Aal'rn `1tY Cnuncil _ Counc[lMn •leer[. sttves• owns[• .111 of !inane, n7 e• tit he Curren `e•oatcn• ru,r.,t • to the u ut tits t� to the at,. list act e u .re of nneall; this t.. not beesrM V& �� that Theroa:ar at Ina ion[ bououae•°f [!east I" GMVa rat sera la "noel• is i• k stoop ('a• w ark era u arr^• t1iC bat YSYd in tM GmuVV 2a n t and le be for the he •wrath^: D •.[e to •.,�. the acroa9e veil s a solo°•_ ,1 t,r�r•u*1 but Cannot 1) •• act [ea• .• Sil,•1 nt t;,e Palk where is about [ ■ore• .ne[• P6[[y asked parcel the back ;:uunCO. [h• total Var �so place on Y' would tteonc �eJ Cev+°,ion ali9^sync. the CC[eple"C'n of financingoted CMPs'sn Pr'W u, i iv �, thof 19a1 had b ob aD1Y °be at in9Least"1 ' atlon 60 iJkint Jate in sect n discussed the f t alto[ tlonwould Michael 9 1nV should D d what in the ,he city etas •aid aV this data an to 9•t�nSt'!• ,,,onto would be �•lt the n . •q usodlnd this n said 1n of to buY into t. :""l•vlslaalon s as gplO•a nano inV. l+eV • veal chav1a nt rw►N �rsna tee °t avow the nDWrtuntwill Asve to Preps d D•COM Counc•d9Mant Plan , The Its dead dead restrict froo Vr°trth ftun� .•nanC wVuld h on• an nit• ter, an a•r'�- ,tn9 lo9falat• "Rich when [earket u to work to CM►f °nito, direated staff CON a rabl� •+•PJ°Yee plan. ,a •slat►^�• of ewgtpin9 it is cost what Council ~et a not 9ainrnaNPon put of ur[to an cowl FM v apP raiNra Nd this agree land thsicitY� The °►tY twos treo th:growth unit• oosi^� 1 be aNOW th:r those or role in seat►Nners tenants to Vrlok to the M abpuld the sncial will he's ,wrthY p sleet ° y s pa•d the ��hK• the 19 unit• that la s van Mats are not P1 whether this sob arms no s9 Cannot pa the ail•+an tM h' it tM clay sel• o c 'I� tnaa•sent "stet• nest laws, and adffor t ith whathaDP•^s the the ket approre •. p they t them, ch• ssrn nswored the&i-hav, they city that ( l�taW µOunN►n t .sirx t fee w iatfon tog goe•� go Ives wanehe tsnanta cannot 11el fen. boo ktheocouncfla9oiinvolve th•e city and the Inq �rianges'antt ►f they dills' �[: "- f Colin hlsl01Lnttdea Avil`h� spirit ouets°fdavtoa e *awarn• ,ffte[a wr+l d W 1 is, the to d[,liwr nt• he ti•Wn Mwttiaa►n ,�rnt aP1: Qa this Clsun is t th►s cno► dolanguage city into a9 betvnn t city of Aspen• Ctlap ay • t ewpaca a • the narenths9spO Lioro-omantn. dirAotted by [Main vor. thsY no tee• langu 9 .r,uttin9 that •sD • efts••• ed to svp suds lan9Q"an Isaac- lar T.stler Par�nded to include Cou^O ^ Michel jj°v odad lwet+arrh►P•th�vPor oltYhslbe ll bility'� tte�n oar1�ie ascn ray the Proviso Couhc►IpAn Collins. ohar9Nld in tests ests arwter• j1•►n Of n taxi Cobs Ithe .%coptlOn of Matets ► a tat• will be s �� Ins�llod frsfr.� Or sof 0 $on• eYsc•t• in ld Co thisbeld/MnNd °disV on and CMYtheeh 49 o n on wet r citycan will Chapman to uncfl Insaoa laYsd that sY Mdoeh*901 aaY milt a eyatga tMisust•rs �has to � tawceeewVa is an fee. tee eC thlsd t goirA to a oleo Pr°vtda V a with would sec tM C eI 1 Y soot y lean van on the hf9Ae TM oidfnn°• council he h Coats. operaciM coto ld ODu M►ohaal a~ ed -two oily ate• and CAapsan bu r.0 r1q c ion to �Qe• counoflwd•this •hO�an to ?railways before •tagddd a Wee t as dinette. It "ill ass Council arY wane to he c► y 04" bit t: Pfakln,i `�� o �tk o 19SOt Coune119+a^ seas+ to prohold Councilcewt•r pointed code• se ended by ur Ordinance 152, Series °t Qi°[M[s is Ntnet wits sootfon to Or ni I 64 eon o rr►•d' Ili MCI IS2 chaos _ouncllvaw+[ni, favor, OPI) 14101 PsrrY• )kit(Sallee ct city Clark with IC![Ss was r 192 by the Series °b� 900, nn fiend reading byCouticilsan OwD1NANCb 1�Ob �S1M6 to doP ordinance Pt452. clause addodl sec secs veered n MicdoLinition be ret►n•e and the tat• alltthePV Pa.r. h h is proved moved Councilvo••s the a ucfa' [ovt•O thw city would at t at by .Pont* for laha D at •[• s b ui[ ,?*Try*aske%no [aNe1 on total "a 1 Councileen s nothing ins to do 11 It. ordinance is bared the city pea •{hit to each P 'Olorado• (11 Protection dwttons Lion carried. •toss• {eatufoor ajar* 1n favor, q ,I&rf• sY it•P°it nt vmec9°^Is is �11 b or 19so for three $2001 1I t �y 9f.1<1 rovfdo.nn°tire of 1 each which will noun i { thu • Q INANC► tDfa ordinanc�d •t an to, c� t � ettY s Chat' ••sell alicens "Arn 91r tone elalicenses till :%`o Ct, .to 1 rfl rote-ti rlma[Y Chapman told Co os •loaf be audible thear[na, s the P on •gird must have d not be, ens"o[inV [tut dtfrr[•^Coe to bl:: +civic,+ °o shoo► one 1ftl natal ^d cvGn ai` ti spoilt Ce t' ��nnanl.d to bt abl ryNrl• f It t Met akrnlY 10 Ps hour {O•tat has boa Tho CU' h [� `.yef of false rau °t 1 n town• oath custon .: • �h eVn`a" •ell, �tineso l to {nr rn Ju . ell `I t au,Sible vatni^ r a d t, r1. Ircl [on.•n�^e [other than 9r1n9 a IACntive rant• .hr > - [", v.1,1e tom Li-'­t t � v•r .a•• r.a[ 1 tviCr tr a is to VrO tr^m al,r t'n1• tnr [ 1 sat dtnanc f tills he ar.ouht 11 ..le or deal ° rt a; ~ rt "t r In.rinrt lane a err :, a 1 [ :ra: t a .J [N c •suns' , . ...ter 1 1.G1•.ar r,.:1 '.J L.1 [•e •anJrf.l.J lJrll... 11jj h {j1 . I As. ,•r CIt'/ Cr-uncll Feq'..lar •'..e•rt•1 sept er: ! . .:h an nldr�l,! rain utq fS°'r�. w�ulJ C,Ift oaf' 'Cl l Sin !!+ .` � .' t ,r. � t it :. �rcr.ded h Cnunc•1-^r to yl cna..l rrac•f to read 'IrCtnan^e t5, c Series u! 17IIdt 1 Yaae'. Aii Ir. In V(:[. :tntlrh ,'••rC lid. OPDINANCI: 15 (Series of 11001 AN OPDIFASCI „r.r`:DING THE--1ICIPAI. C DC Or TNT: CITY Of ASPEN, '--'LOP ACPCALI A A'::, P! CNAC': R:C CI!AP7t'P N- 1 /2 TIICRC'^O tNTIT1.r.D, 'CMt:ROLNCY SYSTEKS'SCRVICCSII,A]•UI,I"k STAL'Lf SHII\GLAC FCtI[OR rm-sr ALAK"sGTO NM1CM TXCI POLL was read by 'No city clerk bob Grust,'r sugq-Yted arnndinq Section 4-1/2171 suspension and Rewu tion add the applicant !c cntiticd to a hoarin9• 10, with Mr. Councilwoman Michael moved to adopt Ordinance 1�, Ee[les of n far council• to �-1/:171I seconded by Counetlaan Collins. All in !awo[. motto r CoHrrRENCL ROOCONTINENTAL INNS Council they wore tt e resentinq the aPPn top , reminded Ashley Anderson, r P at the ContinantaJ 3,000 square toot confere.Icd canter on top of the lobby 001 anti.[ foot on the adloininl Parcel• deed restrict salt ht deed restrict 11rtnnlny dl reel., ougyestlon 1 to dead motile• tl cM memorandum from th" 1 001 square feet. Anderson said this alreemel on the adlolninq pare•, Jolene Vrchota, planniaq otfieo, told C, o III vs feaeMd at the last n,peting.smith' performance bond 1t this is doe corrections listediis- nocasYtty of A p cover the concerns of tharee Ma. Vrclwta questioned rctfic lanquage should be used 'On the idiot ni rig Paeeo In number 1, the 91' 7,001 squat• feet. This condition shall be rAit•hall be reductad by h t1 should be amended to read 'Prcvidsd •I1 of rotrictlon'. In perrgraP . bulldlnl code requlrepents t—vrh than flour area rstion are met ' Anderson said he Duly disagreed with tl.request for a Performance bond. Said this foercifdhe tied look elookadld I,rthis over' vt,wed in tGrueterhroe dsaid he would asked Grunt tIM• Counc/lwasan Michael iaovedand Van to Nesse in t tavortuml c_CouncLlmcmba Oded by i Isaac Or' members Collins. MlchaaI, Motion carriod. u/dcilman Van Noss asked for the he could do thin In a shore time. Councilman n VaNess proposed • r Counttmt frame to rowan the •proposed or attorneys to qo over this Stem. Council Councilwoman Mtehaol moved to reed neldar her motlont seconded by in favor, motion ea rtied• pursuant to Council"[. Collins rrquented CrueteT to look at how this is and give an explanation. ,trmt.ST W 6AIVL pA11K UYDICATInN rr.r9 `_rct ion 7-IIJI'/1 of the Y'an is Jim scent•., hrusinq director, tainted out wheh tlo Council determines a r.aiduntral project or development tt frost[ low ,aerate lnrome Lous iny, iounctl may exempt the doveit in from c de,lld:atiun [rrc, scents l`rDPOS.d to i.rxltfy the Cod' it it 1■ Council' inconsistent in it he past• i`ne of the choices las been to foept,t oft Start rtdtrs bona fide deed reotn dirt hoc+rnq through • waiver of the(Co. S Inconsistent to the lchep of the deed restrictiur,. I. 1■ th° tear Of staff fall by the wayside. Reents suggestt•d to modify the cndr. an that all deed reran dedication I portion■ that are dcrd'fes Lcoca^a Id beat ixcdf atmt he Present ratio. Val theV are rcatrirt,•d• xitcd propoarnq A broad FOIu,,Cn in>,tea:.f rk j,dl° ion fees willotct Com{ e• .� I"' t! ^ Par t ro ..f r, rt- ct i said there In rnnCrtn 't.le _.IL.1 Ilia scr`v 1' Der on the mat collected. Ms. huttwr L,.u+n ,ia tor. the pn`i '-ItY whur. it 9 dyed Of trust C'at will ae P .ri.•aago chrihiY daterrsland bri rathe! the rucom enuut —n is to rrl••1T•' lt•yal Courier 1. Councilman Van vesv su<:yesteA Sal ling ,,lnq dI rec' Councilwoman rn•rid lehael r 'e,1 t- �1ircct try• fit}' aid erect woSney1 , n 7 lJl ! director to dive cup aVPr,Pr let•• lannua.;< to a-i io.m� Is a d,•dic.at .,n too f„r died rliltrlct r.l ..nit It.; >r,dod by lm.ir. saac m,,t run :at, ,•.t. Park C,'!'tr ,t•re" el Ertl lC re,it•C 6t Y, icunci 1. .. .. .., .•., .. hV I. .nl.: 1. ..il ! ... .. "t ,` writ. � � ..i: tl.• •..., � .., t,.,[t •'., OF it. /v Dter\Wt l:, 1940 A -Pon City Counetl - v AO MII"!'•7T-oJf:Y Par"'" 1 to COFYfNT_l'L_�Q_AT C0.1T ,L l hay* a9 reed to Chore is • co,tw.uto Anderson rturmar.cr• tend, nc root• I$ not hw end Aah1cY !"stead of • "' t old Counetl anA 1f chw conf+rc In paragraph j Bob duster [rice ton lan9uane• is Coen, eor„plfe•i the deem r•• east"• t),f$ to unlrt tearuu end laws a[a $\odt I to the a9[convnt. to court end nakedlnq toQula U On$ of lnlur,ctio^ city can take to la all zoning, bull torn CW^' d Ianquage to fnllor rho City of Aan•n [her• .hould o the aq • Inn con t in,rup s^ chw langn C f with. rlemant betve •nc uponptlon urriod• •\quad to approven Parry• All In favor, Councilmen I••• of the y C-nc11ma the contorenc• cotton un `op about the city •atorneYl so°^dad by set forth by aatety. City CY rd1n9 Podoocrlan :slue, OM ►LDt/J /TT�'Tu— Ongldoor oft of su9owstione [ogo the podMtcIon Safety clCY • repo hree aspects of eM Pollee chief, do a►sod Cut then• ere t n aDPofntod _ what the obey can Rather FA—' D^ cold Councl" can d01 CTi•P1••' to be done but Manager tM city Berner on cn►sc`s^s what no•d$ 1S Maln strsot end whet ° cork r►th Mrs. A B000nd u W v111 cut llno theta [intondea �destti•n safety• hways. This group end Serooetaupo W this dopers_"t of h.1y highways- py thetaowlVol to love ttrent of hlg pedestrian rust have roll! of c with CM Assoc latoe •ceps before the neeefn9 a°teas,' end technic ikrotski ► is • p • rgl,q$al from n told Counetl cMi• nt o! D•destrl•n saletY vs reoelved nths ties•' `hs� the pedestrian 1%0 third •lase The CcayiPl�ted in t se e. •atety of all areas in town• •:Steed to carry out this asPd put this cue to`h lsd&a Mahn cost of sl,000 to W ificatlons and Da to consider A for a �aj the oftY K atf that es W develop sW Arochot option la no maChat�•n old •n ♦!would lostlVe the°Ststt tiOi' through April' atiadY• would cost the study January i Developing SPeclt►c•ticnand conduct as tat •• the Pact of the 1!/1 budget •SWctS of rain scree[ Ar" end Usee19s1 honey, should be octsc ttalflc firms the study Gouncll- n Mlchael said the fir s•ls�rO1• na •ru tine an out of it- Cotinofltron•`ity s. should Book Prirst two rocosnendstic ideas core g study, bS soaae good the suggests ■-ill"ons An r i n Collins •greed: ibis a• there s'•y •ad some of a .,or the repo an Jounoilma as a°o" as POSS should Pro rl\ould g lice chief, impl~nted .SIA he felt the said cM Council Rob ttcCI%ng, W n has • mart Collins Councilman Parry study. safety And tell Cher AePa \ Manse's report. srinont of highway needs to write the highway department Dctore starting any The, Council ulstory d0vices• vttb the uric• to tM dvP re cars. atNNaBod the Council year there v111 he ro Ve Toro tr•[tio raW mz,l. •slog Ptable". this Y n has to M which the City end tell Char MPs c,a[ety oi, barn r�lr•Y departma"` develOP • list of octfons 1 de�ctment ceq•rd in9 trs[!lc { ils\an Ysn Mae$ said tM suit he big, to the co uDM on Main st[eoc• ceod with tam on it ornl vr►te a letter be • lest of things that con a *to n•$\+d Vrnd only `�- street, dew lop sser's C 'aittee with the to c$COM,• (,•r the loved Rather h hey dePattment Spyr oval in proV•ratf"n Councllron•n Mlchs•l 10D roqufr• no highway tra[flc ongtnu•r1n9 saes that oars hf jhway duPartr\a nm other the •treat Drop• do too roposela tr has soave aonse o! 't Main $•la that , Council •ecau P Council cl•i .lfsA this M•!n street DroPa' lurthor that study after .n Michael 1 October 17 M�If awnles end begin .uncilcal Councl Ypro cost chw cftY a Perry' owls fit"- use 1 soeunded bYtt�uhlgh Y dspertnont. too Prr,tttnn carried. highway dop•rt"'rntl with tact. All in favor, that council Will dlocu♦a doing e ttP lt•rasnc hetcre going ahead end B, —_:l C_ —1'� lr [ey ue aced CnunCil appr"°a use r� aof a rt ro he N f/T To O PART an jar water Geot n who a truck load Cahoon D•••ad out Introduced to conduct In a larV+ volumd• aalc$ taxi Monroo tlum"r er\d• lot on October St they can do •o taro cull,sctlnV6 cart •Dacus. 1 of the Rfo sold cha" •a•C asked 1[ Choy a1,D ruxima a ly water heaters can be uce. councilman t would take up the Prod Cahoon aid this tr4ak In•d brochure[ o! unit. lot for a truck All Condon an worod YosdoMnrt taro[ ark"" 1$a•c. they rill have ono the Nlo Grand• D by Council^a^ of to approve us.•rt to 5 p.e.1 aecan dad Councilwomen Mlehosl oaeocoaIs October 9 Solar hoc �QCionar "carried• In t•vo r, ro odd • flied bedroo* Glar+ndon Condor�t nlum• w'•t which 1■ w +r T'O FUD ►Lu! this :- • ir•1 P, rnu+re Crave A1t1:N f,t1CNT_ told Council \s for Council t� •m•nA Office, The ro•lueac to ccuu+ uwf oro of the V rchnt•, Dlannf^gnaa Jolona nit at ,he Clarendon, end CM rofore Aran[+ end the tnt•9rt-Y tlon to a two-bodrto u square foo wxterlor arpo he considura of the total 4 tho royal ba•,wd `i" t tntr91,11 t• a'atn- 1 per cons to little change In 1 r\.coV" nded •PV tur•j ,n Y fro •the[ the VVD. Theto •aid feolpr lot end oho •rchtt•c ,.beet• err t the too 1' $ Ms. VTchot• Bottln7 1'[•chdont. m, \,ubllc input in Du/1d1n9• Cho bulldin' alw�it he to r ui there /a no lnersanav•r tom+ concern eenTw:a Daenu.\c F a t did P• 2 wa$ tained. Same pow 1tfon. ,,, ntwd �uf that units In oho Cfarwndn'\' t.. r•.;.. trod r'1 ..f t... r. owners In thn nnw,to ,1 tc; Prq�rws. i, ti uy. •ru ., rouu ty t r „I'rr•w nllna one on iy Di \hoar• in -,nts \)' bu R.aJ�' 1 Ot t:lat e m•" �• ra►_�11 Lr, v•• •l.� „Pub of nor unth David R1•�^6�2f, f, l s•iJ ll�•r (tnal plan ,,nrro are t,r mate th is 9 let eon Chan'•.. •ran ,..i .•aaf Y' La• ] `f•'il•I- cu'ditww6 no1��arc ,it •^'i .1�1 it duv• 1,a-t -"la n•Y Chan,+. in ut1 he t ^ ,". - t-i•ensto room• i•vu i: ,a.a► for ct r.^c could •di • thud L.'J axprnaton, ann �c may he "us fir. Icnt. r w 464 �j CJ% t 3k, r did An -c-s A C11 "SL31 t an Lr !r.--: k 'or" rtum 3te at U1 ec a t the can' t t. t. rb Of availaDlcth,, ortcilli an4c t t.to on t be able h. no Ar I I d-4 t T." 1 4 IA& Pay the I eat ton I c., I tr.­ t-.,- t. .I , . I cin 1,3nAll peen M4 parry. VA%ard❑ra• th, Y -,j Id. the r,4UGstl seconded IDY Cali" I. a a I uv 0 coun "Ttled. favor. Mutlo:, IT A-F-Ilff IT ndom i n 'umi'ation WA rtrett CO notice and OPL reminded Council the I , 1,,,e. n f t-lo unit* - a&% anth M%nim to one 0 janni,aq the &' Vgchot&- V ,d,tLonsl iction &PPII t altered a Plic Joleno It h tntce C' * tire Trott t approved In Jul"' w indetAt" V delinC111 00 applican I I has I d 10-yoor 9 the iull Ms Vrchota told Counci to bri, r6quire-ents' a" units to" "' for 10 YU&T.. - - 9 unit t the five - h build t the ,*-bod.-,- uodroom unit ppear f 0 " , five ad to be Made on It a -t ton t "t no build tile Unit-, U t u t I do. The rlItfic r­ lot chdri9i's q a restrIc" A 1,rriera to rc h,, unit to be bra P r c found there a,)VILCJVIIL "XIM"t , of the 10 yeat UP to cod,- to 1WC1114 because S Year. rather Mort It 11 fin' depot t , d I ffi U ,y ,,ttinq a 1,rw ur, it for .9 Primary col cant 1. h&vsn would IM qettlnq ".11 that Mo. V city cumm.1ldl,d APP91 I at-pro"o I. Id council the rt, Or1q1rIA hoar inns y*Jr0. The P i' Prior to K. vrchota 10 1,,, 10 'd, pr for to tuns unit ..rrc, 'of, .%to nsl,.Ct III not Ch, -jar Itat.90 We' that f,dM'l!nt to rq'oulrvunt at 4% ,. , Code Am n I d council ti". A.. de,.te price rootric ,aid there MAY,,.., V,-terson the C Ity. i,ro,y.,, thu terr., of the 5 yearrI 10 YeArs to Councilman 1,I&AC ""'ad 10 Alvr- tion all Chatmar Iron earned. of collaup'"u"'12J favor, mot Lon c ,,r�d It Ion All in Ur - Pro )a AS a Koval P lac, C� .1, 1 1 ... CO I I I n* MY-ST REVENUE . -d ut r Ftp.vt: alcoodc by r IC)L-� r,*00 jut,on for I � �. 7 ! ,: r. ! is am Inducement Cd And ,tKSO!.UT_IGl (it a deed rnmtflc" t'Id C..unell this h to kis, IPW lnq director, (or A 70/ J0 prolect Wit tjjI1V) Ji, X,rrits, CO,,V..t if that are e txs, 9 ,Ct At 415 J'Ast I to t1to viable only I for a pro"t Thil. 11 "'U41A to ccullcl the prolecto '9 t: xla,�.et util a$ 1,11 " -1;I .",t to $­Ie A I,,- liul d' f�r th In, Pt-1 3ert. k I ol"I al, ,omethinq at to "l-U-41% tt.e 'W"11 ve 10 1 vide for IKFI% up • In.4. the r-1111" I And d V, I r., "ViLn's du r-.V I n i , " ho ii•a ewer CouncilmanIsaac dneI h I k.e. nd LhOf Yan J they AIM, lounri Ithe A counclimall I 1,:3nt .,.VAI from - fro. C... .1 ,, qk't di", 'oil , 1,_V, ... q n indir-it'011 pla Art , !.... at 1r -not 3 kid the or. i- th'', rint t..I, -tile ,,u1_,., 1. , .. : t, Id lit.. ;0 0*1, hou".. , 1. 0 cit'j, r. .ta I pro)wct C n I., IPBS • j ItrwolJc tot' d a to r .11, their . 79/10. form:....... ur the Ln, ) , I `rl t!,Is 1'­.Utlo'� MulA.". . ...... at. t­1 . '. , , . Wit. nasty Ite.•iI I LY - q a "Ic I ed cal.ricill", V d th" X I the f COUII IUL lu- it, M. t A .JL C11 u LIA, !.Nn. q1t O'Clu rout: shoo I d r er nZ •• ytpttµ er 22, 19'1 r]._-- •_ _ .__._- Coincil raconded Rr �i•r Mrot tnV _ _ Yrch••t, sat I. Inc, •+'�"' a:l. Lets.... weer _- .. ��rJtn•rm ` ,rnctlrempui+ lln to •-1o4 c �ol•• l+•�c n•u•n•.] �•u .nilt .+..r .,n t1,: Ian.•:• W„cron cf[r +,•d• t Snow ft LY C" '' ,, nn btu. •l`'• • llvin9 to gruah C'r •ek l y a yrl S'n[rY, ru' memLer, JJ•n K)ar, ' CUJnC.men ln� K told Cr �nC�1 and •h...ri] rrrtVn :ton P a Z. c,n.Gnt •9•ndal Liquor (o[ w the l te'.aa on IT �m C[Ump•C..r C(k16F tPt AG .1I "ea[ln9 on all aL•. S h of typec u l Counsel .nd AVM [• e ned tha Public r r eft of AP potntwent a�9, twa[d of ixwmlM Counclloran V•n M ".PonRa' a Grtlll hcan n9• I for tt•din9 on OrdlM nca cno public acne" Lie.n.a rc"`r'•�uell and 6 n Van Ner• closed Councilman Maeo ster•rt antf. Councilman •ndal ercovded bColllna, •Yu mar' 19 Parry, •Yal ltoo, cn tM content ' Th.re per• no a rovv all Isaac. •Y•1 to PD •Y•r Counc[lm•mbw ra Nlcnael, Councilman tarry moved 1 call vot•I ,j Isaac. Roll Mourn ca[t.ed. t Van Me..I •Y•• this R 16M COMr_LRLMCt to •end .pMore to TO[Onto for ea ld that* ' �----- AboutCity Mans9et CMDmaiat• (or np, Or council •ld It rould=b• W o Michael said St rpuld t.ke from slat! and is in ° sector cllVO•'•n rcial Lout+ csced aom•o�'• buAq•t too this. Gon!•r•nce and su99 Ch fi the coer•• travel Co 1s money In Counoll's a city. for th Counpll-n 6us"r• to 9" as ha i• llaton by rh&rgo marketlnJ and ea•eaunlcatlons seconded rn•r9• of fu•rra to the eontereneel Monroe n �.... moved to •and Party Councilor• fend anybody. Cpunells•tion of ases Michael. I not feel the city should lookln9 loco the no Isaid h• di this Vas Important -no can • uefs said CollinsC felt oltY needs aY. Councilman Van Mefa Councilman Councilman said the IO&, Isaac said is Couna llY n Michael va CounetlVoor• agdevice in w posit'"' tourists. tM Rio Grande. •lvo use to get 1 t hts 1. alp•t s Vrotsco lltin9 s,oneY j sto turl car* cL carried. the City should be nunellman Collins, t,ptlon Lion of C v►th the axc•D 01' )l11 In LaVOt, of the ,fit. R 1.n0 ticket. for •tt*l I Coouncilman ; I.MIA ndltul' of P Council requested in raver. Moved co •DDrOVe •xP• All I Collins srov seoonded by Councilwman I&, Ott• rvgvl•t actend•nce will coat. ' Councilman budget as to her much CJ10cado Water cvn9[NI All In back with • Collins. Isaac co"Or parried. accorded by Covnetlor•tn a` •r!0 pe1 CpuMOilor•n Lsau movtA to a,U�r° It �• :. i� !•VOt, motion carried. L 1. �_ ' �1Y•l •[ ^1Cat rya ., _ Y�nctt. ty f !i l l I ,a 464 C LARENDON CONDOFIINIUMS AMENIVENT TO P.U.U. rERTIFICATE 5TATE uF CoLORAVO sn. COUNTY OF PITKIN CITY OF ASPEN s. Koch, City Clerk, in and for said State, I. Kathryn that the foregoing is a County and City, do hereby certify true, perfect and comPlete copy of the City of Aspen Council Minutes for September 27, 1982 as the same appears of record in MY office. L� day of WITNESS my hand and official this 1982. 14 SNtmaber t1 • �`__�. MW^ City Council _.-- i Regular hoettng INI Y,M�M41M fIT T why. CLAP[j�l+ CDjtDOf1__!�-- this and he would like to lnow t against ins Idea that once ohs Mayor Ida' told ten P t 7 voted he tho qht they w►e )utt nuM up °^ Isx• Mayor Cdel (hanging the comp ssyfnp they Mt feel 1st. P s I ■.sber t+ left and nOt kHP sad to this and unit. Al •lom'Du It should Do p.rnars of a unit it opponht^ we Dough( our Clarendon . of LMta DUD•f 11 done. read a letter Into tna record 1rOm arttentlnp CMY Joe Edwards. 1`10 lM the Is In conformity .It" theWid Lest 1S unit+. Colette it "Auld stet that it to. density cal01•a. pellsrt ins change tt not In our pest tntens and they 1e In ten compploex will hLrt%ls Chan"• one ovpe+ L felt that to the PUO • env y ^t� appllant Bolo (,ouncll volt ll la ten only p(neK Deop qs. Pe 1 planning staff said ten allowed to/t champ•.ts at the en D a I felt If they d anot et► u^' t sham 7 that ray• and they are at bt t r14hr 4 held of deWlop»^ r P•Wem• . nit tpenon 8 say ^0 t0 dMtIM 06VIC thL celt+. differen( nix of ire when he yH tHl Y� lens or set ar11t i it Ives a tFAR Land coverage• to say Yes to to rouse tNeb dewloPef'•lsaMa/or d d1fferent It. P t L was afraid how n of an addit'191 s Dfe1entad by r Mva atoned put cap Malt _Wncll LnH it are,d nno wta pulls. ,nits. rat the mite. Edwards 1H. ►eMe In Consensus. It ,vas a urI Wi r �, Pehne t1d at LM LIM the pws$ is am 1ncfHN cpnsenfus. tWnse;• �t1M Project. tInct tntt times. for this reOW+t s not a s llcal n,T years. The fHten a.] vote and thlf• �Ip.eaK teen Gaa As ^0^•'onfp17 t,a third several Ye P • 1 vote .as t naraper vas predudtc" all sxplatMd the Edwards said one (his Is no "K met soda On ten reason It vas s precedent the pent cannot •'pant the fe.rth pea to explain the n . sen olow (e1exanded, Cdreerds ►tated t Insufflcl•nt no would 1 Larry (M a t ills that 9 tr family Site a ++ the architect tt•f"'Its CO Nate rOrth who Insi/a. rill comment On Iat, than A un the row 1 ten concha for Its pat tly the open Iajeysr t at all. N the fo0tprtnt an curt+^ not site or s stateme^ fibof went i Changes hen ROss U. 11 lrem 1°^ addttlons .ould TN sxPlalned this D+a told Ca+ncll tnVs toe was des's^et w am 1d ten s not ten y••w fa 1 tf• s1t1• The Wilding f the Chan"+' ewe o. mOr• saisting is 'i Itt1M Council draw+r1+ ° need br spaces space Is S41 of the de you showefd ilia cMMe wit be accThe ompanied parhtM^� CMfNe the existing character. the tams rotlo`t l,.Id be De1j1►1i to add car. to bedroom ratio ++ D'N he uactlY n9i Id Cpunctl ten (ID) O Ist/M inarouMrr+tult at Lae 0jandsM 1 eds wrented at :11 maybe °n• eking Place*, wh would not affect he 1 Ora or two would be addespate which would affectt O.Mrs and some :` Cnristods time with parsing DY the Grill'"t0 capaclty ro)eCt In the 0.•G ton• s third D ill owned lOI. is tf s IG, parisltr p pUp this of ten unite are still the par+ing thirds under the red ten 1 I t a 1 the Rose1Te, Mana"*'Cowards told Council th his acre and two' spatee its ►a d [dW you tan weeks In lyrtn. Ites °^ threwltf In jpfe �nrlght t0 "t vartentH� IiMs. (15) single Lenity ,�n actually 1lcants here t n get Closer t0 Drops fIftH^ rseln a PUD tone +► aDD ou ca for the .as designed as torn set pack variant•. r he Cis r•nto" M rev can " ►UO plat fort parking Space, fort fat Dr« t + gat •Might variance. Yot ra the slsandmsnt to ten loon that two W root moved t appurov 6. 7 An; a with the coma carried. Cptncilvrows^ Michael matfor In favor. motion +ddltio^ of eM-b+d ncllman Perry - need py Lou W added sec° 1 Luc with the following ,,{Oij % CY PT 1y1s1on CxceDtlon for the Strandttr0 ed to grant Subd Councilman Knecht mov Conditions. b the Cngl^eeri" Department -two lots In the roved Y t district for the Subdivisloh plat be aDP 'k 'atprovem, favor, not carried. 1' required to Join a Sidewalk All In 2. The aG +t }oa�dDe seconded DY Councl linen Daffy• event OM to clear uD a at nor -liken k1 0e'fi� f CM Skl (ptoverlpany In the Dett. M'S OC( the Dart D has ball ,,,,hooded the Id this It a reGWtl on t f property rat Daausndad tnet TadduM st All tr,an9. °MrpDett end Mt city AttorneylnK easels A v"ry v r•v,e.•d t g roole•a City AttornGY• ''at 's paad tonf lrmin title O At%I %tenth Mayor deed, for a Mayor and ".. (,try• for• '% re0uest AtDe^• end tumoru• City Council aDD ten Aapan Ski Company Ipwnsltt of Perry - moved to approve Lot Q. CItY and Loon' n ynecnt I Block g7• Mayor ', dead: 'econded by counct f e fraction u 'tted its Man the^tp Ma Yor to $Attu tt lM tu'rt divert mD(ion urrud. gg0-11_A. All In favor. Rats Ret_o^In to _ q evils,-,Q tot property t o R pµ�NANCC�� .�-�-�—� nearing. e:oniM DuDIiC50. ner"e CD add t.o Pat"' I" Mayor Last opened the mum tit lam^l+ n n•,,ts&ry tw par tpaces It en Or Plennlnq officer, told y It ion. e'd to ten ,nest already I Penh , du01i• tD 'n the (red m!r" tact to ba added .wit% -it ( Collette, net cnangrd from a Dedrevret • g era 1 Let •*cause cre are %1. ltl �rbre are l.0 D tnl% Iron a duple u W I" man • { ,t earn'; 1 or %Daces D•Ca -t `rat lne ayDIOYDa IuY-• un (e^i IY un, Lt. ✓ • %l aC CeJ ,;% c 4 Dark tested eJJ•d -0 n rulll• ticant Luuld D nc11 attOc aralnV tt,e a0V Nt. Verne C tt here tteUeJ D -vllt.{a'nr tic U,rro never•' ally Of the share. 1 foA JuDitn LO �I l^. n, 0.0., nc Ievel rr . Drdrdrn i% au%u Il IOnel Nn. ,nq 1 trVc turn t^L Dcu.uDt Y ;.ere 1 „re.renl ICur eJJ f change %., P. a,nq tDecrti. tr: re ra v,l rn' •nr rat a .ants e• unit% tr.h. V l ne.a are !rum 1 rruu, red' ratnq I.r tnr anyluf a,. 1 Ins u',J n• t.iDlDy et unit •^u .;,e, e` ,he V` e ,as "are .Ou 1J ^^ ,1 e.er.1VU Ini,.�xei`1^'1 O.. t e t lid n 1 eearrd,t% t n,,. %ne aGDI,� n t copwirl.1j1 Lora 1' t 1 eJdt tuna DDr%ralnl .✓fcc %crrau„.u.nn Ka 11Y, n.r c•.en'. t Dace+ re`lu I I1Lu1. ��tv rill nave tv l• va�ri 1 .1I1 De t.0 mDt Dye• ,• W 1 J 0 3'715 Regular Meeting Aspen City CouncilT May 14, 1984 Gleister said another objective is to create an environment free of automobiles and there I' should be a barrier so that cars cannot go up the mountain. They have designed the project i' with underground parking, which is an expensive way to deal with cars but is justifiable )) becuase of the value of the land. Gleister said they are providing two spaces per residential unit. Gleister said the P s Z brought up many questions, which are detailed J in the report from the applicant. Another question was the height of the buildings, and r the applicant arrived at an agreement that the top of the roofs will be 36 to 38 feet. Jack Robertson, architect for the applicants, said in their design they are very concerned with the size of the faces of the buildings one can see on the mountain. They will use simple materials for the buildings. There is a peacefulness on the site they are trying to retain. Councilman Blomquist asked about the resolution of the ski jump problem. Council asked that the applicants work with the Ski Club and Ski Company on the jump and �! repositioning the Ski Club building. I' Mayor Stirling asked what part of this PUD pertion has a public benefit. Vann said the j purpose of a PUD is to obtain development that would not occur under the interpretations !; of the regulations. Vann said the Top of Mill site, excluding the C, conservation portion and the rights -of way, there is an FAR of 35:1. The FAR, including all available land, is .42:1, which is development below the 1:1 on the site. By allowing the application to 1, cluster development, there is a maximum usable open space and less visual impact. Having I; the parking underground reduced intrusion in this transition area. These are benefits to li the public. Councilman Blomquist asked if there is a possiblility of a scale model of the h entire PUD. Donald Bain, representing, the Andermans, told Council they have a strong objection to 700 South Galena. Mayor Stirling said this will be addressed at a different ti: Councilman Knecht asked what variations were being asked for besides height. Doremus ry said the variation from the underlying zoning are parking and height. Vann said the Code requirement is one per bedroom, and the applicant is suggesting two parking spaces it per unit plus guest parking and a limosine service. Vann said the Council has already approved a maximum FAR for the entire site as part of the lodge review. Council has Q reserved the right to re-examine the FAR. Vann said there is no employee housing require- 1: went since this is a reconstruction of an existing development. Councilman Blomquist said he would like to make sure that the city gets the trail link through this property and I; to get the best connection through this property. Donald Bain introduced a letter from 1 his clients, the Andermans, into the record expressing a strong objection to the PUD. !' Council will discuss this topic at the May 29th meeting. i (/CLARENDON PUD AMENDMENT - Parking Reduction/GMP Exemption Richard Grice, planning office, told Council this property is zoned R-6, and the PUD was jjapproved allowing a zero lot line development. This property is zoned for 15.74 units ! I ! Iand currently has 15 units. Gretchen Greenwood, architect for the applicant, went to the Board of Adjustment and received a variance to allow 16 units. This application is a request to construct a one -bedroom employee unit, restricted to low and moderate income guidelines. Ms. Greenwood showed Council the existing maintenance shed, to which they will add 700 square feet for the employee unit. There will be relocation of the trash j area and sauna. There will be additional landscaping. Councilman Blomquist pointed out the bicycle trail ends at the Clarendon and suggested p trying to get the trail to connect to the west. Councilman Blomquist said he would like to ask the applicants for the trail easement through the Clarendon. Council agreed to try to get the extension of the trail easement. Ms. Greenwood said she would have to talk to the condominium owners before she agrees to the trail easement but would be willing to do so. Councilman Blomquist moved to approve the Clarendon PUD amendment, parking reduction and GMP exemption subject to conditions 1, 2 and 3 in the planning office memorandum of May 14, 1984, and adding a fourth condition that the Ute trail easement be extended to Glory Hole park on an alignment acceptable to both the Clarendon and the city and that said alignment and easement be placed on the plat; seconded by Councilman Knecht. All in favor, motion carried. RRNNTq T.r)T cPT.TT Councilman Knecht moved to table this item to May 29, 1984, at the request of the applicant seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #9, SERIES OF 1984 - Growth Management Quota System Councilman Blomquist moved to read Ordinance #9, Series of 1984; seconded by Councilman Collins. All in favor, motion carried. ORDINANCE #9 (Series of 1984) AN ORDINANCE RECOMMENDING IMPLEMENTED TECHNICAL REVISIONS TO VARIOUS SECTIONS OF ARTICLE XI OF SECTION 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, PERTAINING TO THE GROWTH MANAGEMENT QUOTA SYSTEM was read by the city clerk Councilman Blomquist moved to adopt Ordinance #9, Series of 1984, on first reading; seconde- by Councilman Collins. Alan Richman, planning office, said there are technical difficult issues in this ordinance and Council should schedule a work session. Council scheduled a work session for May 21. Roll call vote; Councilmembers Blomquist, aye; Collins, aye; Knecht, aye; Walls, aye; Mayor Stirling, aye. Motion carried. Regular Meeting Aspen City Council July 23, 1984 Jim Curtis said the applicants plan to house 1985 employees both from the lodge appli and the residential application as well as displacement of existing employee housed c property. In the lodge application, the applicant is committing to house 60 per cent the net new employees. Curtis pointed out the Council adopted a recent Code amendmer a minimum threshhold of 35 per cent of employees. This proposal is exceeding the thr hold by quite a bit. Curtis said the applicants tried to identify the type of housir that would be suitable for the different employees, and also to disperse the housing town and in the metro area. There are three levels of housing; the dorm room with shared facilities, which will the Copper Horse for seasonal and one-year employees making under $11,000 a year. Tt second type of housing is private room with private facilities; this is planned for t Alpina Haus. The next type is one- two- and three- bedroom apartments, which will be Ute City Place and Airport Business Center. This accommodates people.making $13,000 $18,000. This is an attempt to match the employee housing types with the affordabili of these employees. Curtis said about 56 per cent of the housing provided will be de restricted to the low income. John Doremus said the housing proposal has been looked at by the planning staff, P s the housing authority. The first proposal on Ute avenue has been rejected. Alan No% told Council the applicant felt there was concern from the neighborhood for employee in the Ute avenue area even though an employee housing project for this area had pre been approved. Vann told Council this housing proposal provides employee housing wit substantial increase in construction. This proposal also ties up housing which has t used for employee housing and places it under 50 year deed restriction. This proposa applies to various income groups and different types of accommodations. Councilman Collins asked how the number 195 was arrived at. Curtis said 145 employee are the net result from the lodge application, 20 employees from the 700 South Galena project, and 30 employee replacement lost on the existing site. Councilman Collins a how many more employees are not being provided for. Curtis said about 120 employees. Vann pointed out not all employees will be new arrivals. Councilman Collins said thi proposal would displace employees to make new restricted units available, such as at Airport Business Center. Vann said the housing that is being converted is not 100 pe occupied year-round by employees. Vann said it is almost impossible to build new hoe to the scale this project requires for a number of reasons. This will deed restrict housing in the inventory, which is being lost by attrition. This also ties up housir 50 years and deed restricts it. Vann pointed out Council just voted that it was one] require more than 35 per cent of the net increase of employees; this proposal is 60 F The proposal is somewhat less than 60 per cent because of displacement. Curtis said housing authority has reviewed this proposal and has conceptually agreed. Councilwor Walls said Council has previously agreed it is better to convert existing housing tha build new housing. David White, P s Z member, said he would like to see more employe housing on -site. The P s Z did agreed that the metro area does keep losing employee Council asked this be brought on August 13 to finish up and formalize the action. SUNNY PARK ANNEXATION City Attorney Taddune reminded Council a petition for annexation election had been f: by the Smuggler Mountain area. Pitkin Council later filed an annexation petition fol Sunny Park area. A petition for annexation election takes precedence over an annexal petition. Taddune told Council he has talked to the Smuggler Mountain group on how I remedy their petition and nothing has been done. Taddune recommended Council find tl petition for annexation election does not meet the state statutes standards. If Coul feels their questions regarding the Sunny Park annexation have been answered, they c� pass a resolution of intent to annex. Councilman Blomquist pointed out one of the ge of Council is annexation so that people around the city can participate in govern;nen� affairs. Councilman Blomquist said he would like to see the county as a partner in larger annexation and have it done right. r Mayor Stirling moved to pass Resolution #15, Series of 1984, intent to Annex Sunny P� /(?• seconded by Councilman Blomquist. All in favor, motion carried. RECONSIDERATION/CLARENDON TRAIL AMENDMENT \� Councilman Knecht moved to reconsider; seconded by Councilman Collins. All in favor the exception of Councilman Blomquist. Motion carried. Sunny Vann, planning director, told Council the applicants feels that the prior apor, the Clarendon plat involved substantial dedications of land, they also paid a park d, tion fee, and granted trail easements and easements for expansion of rights -of -way. applicants feel the request for an additional trail is inappropriate. Vann said the ning office has not commented as trail easement did not bear any relationship to the request for PUD amendment. The planning office reviewed several trail alignments, a the applicants have an alternative alignment. Gretchen Greenwood said the previous i was that the trail alignment be both acceptable to the homeowners and the Council. Greenwood said the alignment was not acceptable to the homeowners; it enfringed upon privacy and was not as originally planned when people bought their condominiums. Ms. Greenwood pointed out all the easements the Clarendon condominiums granted the c There is an easement for the extension of West End street, which is a substantial ea There is a 10 foot strip along Ute Avenue, which was recorded on the plat, for the u a trail easement. Councilman eloncuist said this is a key link to the city trails s and could be put right up against the Spruce trees. Ms. Greenwood showed photograph the proposed bicycle path. The city has an easement to put the trail right along th property line. Councilman Knecht said he liked Ms. Greenwood's proposal and it woul clean uo the south side of Ute avenue. Councilman Blomquist moved to table this and meet with the applicants at the site an and acce?table route; seconded by Councilman Knecht. !62 Regular Meeting Aspen City Council July 23, 1984 Larry Yaw told Council the large group of trees distinguishes the privacy from public land. Yaw reiterated the homeowners have given the city a lot of easements and dedication: The homeowners feel this trail request would reduce privacy and the value of their homes. Also, this request was not anticipated when they purchased the units. There is an alterna- tive on this site for a trail. Joe Edwards pointed out when the city signed the subdivi- sion plat in 1975, the 8 foot trail easement was given on the city -side of the spruce trees, that was acceptable at that time. Edwards pointed out in the city code, Section 20- 18, when there is a resubdivision, no further land dedications can be required. Edwards said it may be illegal to require an additional trail easement. Councilman Blomquist amended his motion to continue the meeting to July 24 at 1.00 p.m. to meet.on site and flag the trail routes; seconded by Councilman Knecht. All in favor, motion carried. ORDINANCE #22, SERIES OF 1984 - Bureau of Reclamation Agreement/Ruedi !Mayor Stirling opened the public hearing. There were no comments. Mayor Stirling closed the public hearing. Councilman Knecht moved to adopt Ordinance #22, Series of 1984, on second reading; seconded by Councilwoman Walls. Roll call vote; Councilmembers Collins, aye; Blomquist, aye; Walls, aye; Knecht, aye; Mayor Stirling, aye. Motion carried. ELECTION ISSUES Mayor Stirling said the Council could put in the paper an informational outline on the two questions for the special election to be held July 31, 1984. These are the land for the performing arts center and the cable television permit. One question is will the first issue raise taxes; the answer is no. Another question is why aren't the conveyance documents to Arts West Aspen spelled out in the ballot; the answer is that the conveyance documents are complicated and some issues are yet to be resolved. City Attorney Taddune told Council Cap-s problem has not been solved. Council said they would rather see this question deleted. The next question about voters having a say in terms of the conveyance is yes, because this will be acted on by ordinance with a public hearing. Mayor Stirling said he feels it is important to get information out to the voters before 1 the election and to appropriate money for the ad. Andy Hecht suggested that it be made clear -to the voters that their vote will not affect Cap's Auto Supply. Councilman Collins said he would mrefer to see the ad ask broader questions -than these presented. Councilman Collins pointed out this land is worth about $2,000,000 and there is a cost for the tax- payers in this land trade. Councilwoman Walls pointed out this land was conveyed to the city for the purposeonly of a performing arts center. Councilman Collins asked if the impacts of this center on the city have been looked at, fiscal, environmental, social, etc. Councilman Collins asked if the results have been looked at if the performing arts center fails. Councilman Knecht moved that Council not publigithis memorandum; seconded by Councilman Blomquist. AL1 in favor, with the exception of Mayor Stirling. Motion carried. NORDIC FUNDI= REQUEST Craig Ward told Council they have formed a non-profit corporation. Last week they had a ' Board meeting, made up of Dick Knecht, Jeff Tippett, George Madsen as ex-officio members and elected officials; Peter Forsch, Skip Hamilton, Al Burnum, Rob Burnett, Greg Mace, Dick Jackson and Bob Wade. They formed working committees to address four different programs of the Nordic Counsel. The purpose of the Nordic Counsel is to stimulate growth of Nordic skiing in the Roaring Fork Valley. The trail network system is one of four programs; it will provide the public with a free groomed trail system. The second program is to promote Aspen as a Nordic resort. The third program is to assist local school programs, providing equipment, scholarships. The fourth program is to help co-sponsor Nordic events. The Nordic Council will enhance the overall economic health of Aspen. i Raoul Wille said he feels the Nordic Counsel will be of great benefit to the community. They will broaden the trails and offer more places to ski. Ward said the PCPA supports the Nordic Cc--nsel and their programs. The Aspen Ski Company is enthused about the programs. Ward said he is asking Council for their support. Ward said he feels very strongly about what the Nordic Counsel is trying to do, and he would like an appropriation of $5,000 rather than wait for the 1985 budget. Councilman Collins asked about other sources of fending. Ward said the Nordic Counsel is establishing a funding program; he has gotten support of eight businesses, and is going to corporate funding groups. Ward told Council he does not have a finalized budget but is working on it. Councilman Blomquist suggested giving $2,000 for the remainder of this year; budgeting $5,000 for next year as two months of their program will be in 1984. This would give some encouragement to this program. Mayor Stirling agreed this is a fantastic program, and there is afuture benefit for the city. Mayor Stirling said the Council ought to wait until the budget hearings under the parks department and consider this in context of the budget. Ward told Council both the parks and recreation directors are supportive of this program. Ms_ Sonfield told Council this program will not save either the parks or recreation departments any money in their budgets. Ms. Sonfield pointed out of the non- profit organizations funded by Council, this is a large request for a new group. Ms. Sonfield said :his money is not appropriate out of the land fund; therefore, it will have to come out of the general fund. A lot of money has been spent out of the general fund in 1984, and t!:Le fund balance is decreasing. Councilman Kz echt said he is very excited about this concept and the group of people that are coordinating it. Councilman Knecht said he would like to see the Nordic Counsel finalize their budget and bring it to Council with the rest of the non-profit organizations. Ward said one of the sentiments he has heard is that this is a large benefit to the municipality and the resort, pecple are hoping the city will support this. Ward said he is coming forwarc now because much of the work in putting together either a downhill or Nordic ski. area _s year-round. This is a newly -conceived idea and needs seed money. 1 3764 Regular Meeting Aspen City Council July 23, 1984 Councilman Knecht moved to approve the encroachment for Levitz with the two conditions requested by the engineering department; seconded by Councilman Collins. All in favor, motion carried. Councilman Blomquist moved to continue the meeting to Tuesday, July 24, 1984, at 1:00 p.m. seconded by Councilman Knecht. All in favor, motion carried. Council left Chambers at 10:00 P.M. Kathryn S61Koch, City Clerk 24. 198 ►&yor Stirling, Councilmembers Collins and Knecht met at the south side of the Clarendon at 1:00 p.m. to look at the trail alignment. Mayor Stirling moved to put the trail on the north side of Ute avenue along the street and the south side of the Clarendon property; seconded by Councilman Knecht. All in favor, motion carried. Council adjourned. i Regular Meeting Aspen City Council August 13, 1984 Mayor Stirling called the meeting to order at 4:10 p.m. with Commissioners Klanderud, Kinsley, Madsen, Child and Blake and Councilmembers Knecht, Collins, Walls and Blomquist present. I 1. Biahway�82 Discussion. Mayor Stirling said the Council had voted for retaining the existing alignment. Council felt alternatives 2 through 4 would create extra traffic and are not the most efficient for the Airport Business Center and the airport. Council also felt these alternatives 2 through 4 do not make it easy for people arriving at the airport to get to either Snowmass or Aspen. Council felt using the meadows south of the airport for the highway would be a significant loss of open space. Kinsley pointed out a meadow would be gained back on the other side where the highway would be torn out. Mayor Stirling said it would be more congested out there, and the trade off does not seem to be worth it.. Mayor Stirling said proposals for the south side of the airport would cost all taxpayers more -money. The existing access provides a more scenic view of the valley. Kinsley said alternative #1 would require at least three more traffic lights along the highway. Mayor Stirling said traffic lights create bottlenecks and may not be needed. Councilman Blomquist said the county is planning new entrances to the airport and may move the Airport Business Center intersection. Councilman Blomquist said the buses could use the service road to town. Councilman Blomquist suggested the county plan for four-laninq and work with the highway department on phasing the four lanes. Commissioner Klanderud said the big problem at present is left turn lanes from Maroon creek, airport and airport business center to get back on the highway. I Mayor Stirling reiterated the Council is recommending the highway stay with the existing alignment. Kinsley asked when Council would feel the four -lane is justified. Mayor Stirling said it is a question of creating more urbanization with a four -lane highway or whether to keep things the way they are. There is a trade-off in this. Mayor Stirling said a four -lane may invite additional traffic, would have uses of the highway in a differ- ent way, and would change the character of the entrance to town. Kinsley asked what the Council envisions for the entrance to town. Mayor Stirling said the city engineer has a committee to look at all suggestions on the road from the Maroon creek bridge into town. Mayor Stirling pointed out the voters turned down an alternative entrance to town. Councilman Collins said there was an engineering study at the time with no desirable alternative. Councilman Blomquist said a good job has been done to present four different alternatives for the highway alignment. Councilman Blomquist said the city has to look at this road from the Maroon creek bridge into town and what a four lane would do to the area. Commissioner Child said at a public hearing held last Wednesday, most people did not favor an alignment on the south side of the airport. Kinsley said at a public hearing last winter, the public would evenly divided among the four alternatives. Kinsley said the County has to decide by November whether to ask the state highway department to four -lane highway 82 between Brush Creek and Maroon creek. Commissioner Blake urged the Council to go out and walk the alignments in the meadows south of the airport. Blake said this alignment would make the valley more rural. Councilwoman Walls said where the highway is now was probably rural; now there is growth all along the highway. Kinsley said the land along the south alternative is public land so there will be no strip development along the highway. Blake said the highway has to be moved because of the runway according to the F.A.A. Councilman Blomquist asked if the Council had voted on two or four -lanes. Councilman Collins said the choice was modified, improved two-lane. Councilman Blomquist said he would like to consider a modified two-lane with planned phasing to become four -lane when necessary. Councilman Knecht said if there is any four-laning, it will come up the valley and then how do people get into the entrance of town. Councilman Knecht said progress toward four-laning, then the city is in trouble. Madsen pointed out the study done for the county pointed out Pitkin county is going to run out of highway soon; there is too much traffic, especially in the summer. The engineers said a four -lane highway is needed. Madsen said Shale Bluffs area is very dangerous. A highway on the other side of the air- port would straighten out the road. Madsen said he would like the city and county to try and get unanimity for this project. Blake said he sympathizes about Council's feelings on the aesthetics on the entrance to town and four-laning down to two -lanes. However, the long-term solution has to be looked. at. The county is trying to get a direction from the community for alignments, to try to preserve oren space, and to consider the long term im=acts of the present alignment. ACTION OF THE BOARD OF DIRECTORS OF THE CLARENDON CONDOMINIUM ASSOCIATION WITHOUT A MEETING Section IV(8) of the bylaws of the Clarendon Condominium Association, Inc., provides that action may be taken by the Board of Directors without a meeting if a written consent setting forth the action to be taken shall be signed by all of the Directors. 1. The Board of Directors hereby consents in writing to the within action by the Board without the necessity of a formal meeting. A copy of this consent and action shall be placed with the minutes and other records of the Association. 2. The owner of Unit 11 desires to convert that unit from two bedrooms to three bedrooms in the same manner that Units 6, 7, 8 and 12 have previously been converted and utilize the Clarendon's original architect. The Board finds that such modification would not endanger the common elements or compromise the architectural integrity of the building and, therefore, approve such modification subject to the other provisions hereof. 3. The City of Aspen Planning Department has requested that, since there have been two prior applications to amend the P.U.D. plan for the Clarendon Condominiums to allow for the expansion of units from two bedrooms to three bedrooms and since there remain four two -bedroom units in addition to Unit 11, the application for amendment of the Clarendon P.U.D. plan for expansion of Unit 11 include a blanket request for expansion of all two -bedroom units to three -bedroom units in order to avoid future piecemeal amendments. The Board finds that such blanket request for approval for expansion of all two -bedroom units to three bedrooms is in the best interest of the owners. 4. The president and secretary are authorized and instructed in behalf of the Association to execute as coapplicants with the owner of Unit 11 a letter of authorization granting the law offices of Joseph E. Edwards, Jr., authority to file an application to amend the approved P.U.D. plan for the Clarendon Condominiums to allow conversion of the two -bedroom units to three bedrooms, a copy of which letter of authorization is attached as Exhibit A, provided all expense connected with processing such application shall be borne by the owner of Unit 11. 5. Conditioned on prior receipt of approval by the City of Aspen of the amendment to P.U.D. plan and subject to the provisions hereof, the owner of Unit 11 and his agents are granted a license to encroach on and modify the general common elements of the Clarendon Condominiums as reasonably necessary to construct a third bedroom addition to such unit in accordance with the drawings attached hereto as Exhibit B. 6. The assurances and guarantees of the Indemnity Agreement (attached as Exhibit B) are deemed adequate to protect the Association and the other owners, and the president and secretary of the Association are authorized and instructed to execute the Indemnity Agreement which is incorporated herein by this reference. 7. The construction and modification of Unit 11 must all occur at one time and shall take place only during the period from April 1 to June-5 or Labor Day to December 15. Date: 1989. RENDON CONDOMINIUM ASSOCIATION D21/09 -2- December 29, 1989 Aspen-Pitkin Planning & Zoning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to P.U.D. Plan for —Clarendon Condominiums Dear City of Aspen Planning Department: The Clarendon Condominium Association, Inc., a not -for -profit Colorado corporation, is the record owner of the general and limited common elements as described in the Condominium Declaration for the Clarendon Condominiums recorded in Book 319 at Page 415, et seq. , the first amendment thereto recorded in Book 410 at Page 80, et seg., and the second amendment thereto recorded in Book 448 at Page 581 and the Condominium Map filed in Plat Book 5 at Page 36, the first amendment thereto filed in Plat Book 11 at Page 71, the second amendment thereto filed in Plat Book 18 at Page 67, all in the records of the Clerk and Recorder's Office, Pitkin County, Colorado. The property is legally described as Lot 1, Parcels 1, 2 and 3, Clarendon Subdivision, City of Aspen, Pitkin County, Colorado, according to the plat thereof on file in the Pitkin County records in Plat Book 5 at Pages 1 and 2 thereof. The Clarendon Condominium Association, whose address is c/o Chuck Frias, Aspen Club Realty, 730 East Durant Avenue, Aspen, Colorado 81611, and whose telephone number is (303) 920-2000, authorizes the law offices of Joseph E. Edwards, Jr., Suite 109, 201 North Mill Street, Aspen, Colorado 81611, whose telephone number is (303) 925-7116, to file with you any applications under the Aspen Land Use Regulations they shall deem necessary for amendment to the P.U.D. plan for the above described property. Very truly yours, CLARENDON CONDOMINIUM ASSOCIATION, INC. Attest: President Secretary L4/11 INDEMNITY AGREEMENT THIS AGREEMENT is made between as the owner(s) (hereinafter Owner) of Unit of the Clarendon Condominiums, Aspen, Colorado (hereinafter the Unit), and the Clarendon Condominium Association, Inc., a Colorado non-profit corporation (hereinafter the Association) for itself and on behalf of all other owners of Clarendon Condominium units. WHEREAS, the Clarendon Condominiums are a Colorado condominium as evidenced by the Condominium Declaration - recorded in Book 319 at Page 445, et seq. , the first amendment thereto recorded in Book 410 at Page 80, et seq., and the second amendment thereto recorded in Book 448 at Page 581, et seq. , and the Condominium Map filed in Plat Book 5 at Page 36, the first amendment thereto filed in Plat Book 11 at Page 71, and the second amendment thereto filed in Plat Book 18 at Page 67, all in the records of Pitkin County, Colorado; and WHEREAS, by the authority of §§ 4.1 and 4.2 of the Condominium Declaration, the Association is the entity responsible for the management and control of the general and limited common elements of such condominium; and WHEREAS, the Owner desires to construct an addition to the Unit by the addition of a third bedroom to the Unit; and such construction will require access and various structural changes to the general and limited common elements of such condominium; and WHEREAS, the Association has approved the addition to the Unit subject to the terms and conditions hereof; NOW, THEREFORE, the parties hereto agree as follows. 1. The Owner shall use a licensed building contractor of good reputation to perform the addition of the third bedroom to the Unit. The Association shall be given written notice of the name, address and phone number of the contractor selected by the Owner of the Unit and a copy of the proposed construction contract at least ten days prior to the Owner's execution of the construction contract. Included with the notice shall be a list of some principal buildings constructed by the contractor. 2. The Owner of the Unit and his/her agents shall perform all the work to be done on the general and limited common elements of the Clarendon Condominiums and on the Unit in a good, workmanlike manner of a quality equal to that of the existing Clarendon Condominium building. All such work shall be done in accordance with the architectural construction drawings prepared by Hagman Yaw Architects, Ltd., copies of which construction drawings are attached hereto as Exhibit A. 3. The Owner and his/her agents shall be authorized temporarily to store necessary building materials for a reasonable length of time on the open space portion of the general common elements land adjacent to the rear portion of the Unit. The Owner shall not be authorized to store scrap or junk materials from the construction, and all such scrap materials shall be removed forthwith from the site. - 4. The Owner will begin such construction on 19 and complete all such construction and clean up by , 19_ The Owner and his/her agents shall work continuously on such improvement project and shall not abandon the work or cease the diligent continuance of such construction once it is begun. 5. The Owner and his/her agents shall have the right to encroach on the general and limited common elements immediately adjacent to the Unit and to make additions and improvements to such general and limited common elements all to the extent reasonably necessary to construct the third bedroom addition to the Unit in accordance with the drawings set forth in Exhibit A. 6. The Owner and his/her agents shall use the same type of construction procedures and the same building materials and color scheme originally utilized for the construction for the Clarendon Condominiums and shall cause such addition to appear to be integral with and identical to the originally constructed portion of such building. 7. The Owner shall file necessary applications and obtain all required approvals from the City of Aspen or other appropriate approval agencies and will pay all required fees and charges for obtaining an amendment to the Clarendon Subdivision P.U.D. Plan, all building permits or other required approvals or permits. 8. The Owner shall obtain the approval in writing of the owners of 70% of the voting points of the Clarendon Condominiums to approve the amendment to the Condominium Declaration and Exhibit B thereto and the Amended Condominium Map and shall record such written approvals and the Amended Declaration and Map and pay all fees for such recordation. 9. The Owner agrees to indemnify the Association and all of the other owners of condominium units in the Clarendon Condominiums against any and all claims for loss, D21/06 -2- liability or damage arising out of or in connection with the work done or to be performed or from the acts or negligent omissions of the Owner or his/her agents or employees, however caused, while such agents or employees are on, entering or leaving the premises of the Clarendon Condominiums. IN WITNESS WHEREOF, the parties hereto have executed this agreement , 19 Owner, Unit Owner, Unit Attest: CLARENDON CONDOMINIUM ASSOCIATION, INC. Secretary of`Clarendon President Condominium Association, Inc. _J D21/06 -3- ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920-5090 LAND USE APPLICATION FEES / City 00113-63250-134 GMP/CONCEPTUAL 00125 00123 00115 County 00113 00125 00123 00113 -63270-136 -63280-137 -63300-139 -63310-140 -63320-141 REFERRAL FEES: -63340-205 -63340-190 -63340-163 -63160-126 -63170-127 -63180-128 -63190-129 -63200-130 -63210-131 -63220-132 -63230-133 -63450-146 REFERRAL FEES: -63340-205 -63340-190 -63360-143 PLANNING OFFICE SALES 00113-63080-122 -63090-123 -63140-124 -69000-145 GMP/FINAL SUB/CONCEPTUAL SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS ENVIRONMENTAL HEALTH HOUSING ENGINEERING SUBTOTAL GMP/GEgRAL GMP/DETAILED GMP/FINAL SUB/GENERAL SUB/DETAILED SUB/FINAL ALL 2-STEP APPLICATIONS ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS BOARD OF ADJUSTMENT ENVIRONMENTAL HEALTH HOUSING ENGINEERING CITY/COUNTY CODE COMP. PLAN COPY FEES OTHER �cCwC,-ids . Name: / Address: l 1 I Check # r 71 —? / SUBTOTAL TOTAL Phone: Project: Date: a - C Y O Additional billing: CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2 14 90 PARCEL ID AND CASE NO. DATE COMPLETE: STAFF MEMBER: PROJECT NAME: Clarendon4PUD Amendment Project Address:West End Street Aspen Legal Address: Lot 1. Clarendon Subdivision APPLICANT: Clarendon Condominium Association Applicant Address: REPRESENTATIVE: Joe Edwards Representative Address/Phone: 201 North Mill Street Ste 109 925-7116 PAID: YES NO AMOUNT: $1650.00 NO. OF COPIES RECEIVED: 3 TYPE OF APPLICATION: 1 STEP: 2 STEP: P&Z Meeting Date PUBLIC HEARING:E NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney - V City Engineer Housing Dir. Aspen Water City Electric Envir. Hlth. Aspen Consol. S.D. Mtn. Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn Nat Gas State Hwy Dept(GW) State Hwy Dept(GJ) Other DATE REFERRED: -2 /2 s / / 0 INITIALS: j5Z� FINAL ROUTING: DATE ROUTED: INITIAL: City Atty City Engineer V Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: I SUMMARY CLOSE-OUT FOR CLARENDON PUD AMENDMENT May 14, 1990 the City Council denied the amendment request. The Council agreed with the Planning and Zoning Commission that amendments to the PUD should not be done on an incremental basis and the full build out potential should be assessed before any changes to the PUD occur. MEMORANDUM TO: Mayor and Council //%% THRU: Carol O'Dowd, City Manager�j �{ / THRU: Amy Margerum, Planning Director �( FROM: Leslie Lamont, Planner RE: Clarendon PUD Amendment DATE: May 14, 1990 SUMMARY: The applicants seek to amend the PUD to add a bedroom to Units 1 and 11 making them three -bedroom units. This is not an insubstantial amendment to the PUD thus requiring a two step review process from the Commission and the Council. The Planning and Zoning Commission recommend denial of this application. If Council wishes to override the Commission's recommendation staff will prepare an Ordinance for first reading. BACKGROUND: The Planning and Zoning Commission at their April 17 meeting reviewed the application and recommended denial. Please see the attached Resolution that reiterates the Commission's concerns. PROBLEM DISCUSSION: The owners of Units 1 and 11 wish to expand their units by adding a third bedroom. Each bedroom is approximately 250 square feet for a total expansion of 500 square feet. Two additional parking spaces were not offered with this application for two additional bedrooms. There are currently 27 on -site parking spaces that were approved with the original PUD. Several years ago three units requested additional bedrooms. One of the conditions of approval was the provision of two more parking spaces. This condition has not been met. The Homeowners Association, as a prerequisite to allow Unit 1 to expand to a three bedroom, has requested that the owner construct a false front over the entrance of Units 2 and 3 connecting with the roofline on Unit 4. According to the applicant the proposal will not increase the density, footprint or overall height of the building. Please see the attached April 17 memo to the Commission for a full review of the PUD amendment. PLANNING COMMISSION VOTE: Motion to deny 6 FOR 0 AGAINST KEY ISSUES: 1) The commission tried several motions to move the project on to Council. Finally a motion to deny the project with a Resolution to the Council was approved. Rather than discuss the key issues in this memo, I have incorporated them into the Resolution. 2) A 1986 approval for the addition of bedrooms to several units in the Clarendon was conditioned upon the provision of two new parking spaces. A site visit confirmed the fact that the parking was never added. This omission will be followed up on through the Zoning Department and through any other land use application for the Clarendon. RECOMMENDATION: The Planning and Zoning Commission recommends denial of this application. PROPOSED MOTION: I move to deny the application for an amendment to the Clarendon PUD as recommended by the Planning and Zoning Commission. CITY MANAGER COMMENTS: ATTACHMENTS: A. Commission Resolution B. Planning and Zoning Commission memo April 17, 1990 6 110124 TO: Aspen Planning and Zoning Commission FROM: Leslie Lamont, Planning RE: Clarendon PUD Amendment DATE: April 17, 1990 ------------------------------------------------------------- ------------------------------------------------------------- SUMMARY: The Clarendon Condominium Association together with two owners of Units 1 and 11 seek to amend the PUD to convert their Units from two -bedrooms to three -bedroom units. This application is a two step PUD amendment requiring review by the Commission and Council. A public hearing is required at Commission review. Staff recommends approval with conditions. APPLICANT: Jerome Epstein and Jeffrey Wilson, represented by Joseph Edwards, III LOCATION: West End Street, Lot 1, Clarendon Subdivision, Aspen ZONING: R-6 PUD APPLICANT'S REQUEST: Amendment to the PUD for the addition of a third bedroom for Units 1 and 11. REFERRAL COMMENTS: Engineering - After reviewing the above application, the Engineering Department has the following comments: 1. Parking Spaces - Since two new bedrooms are being added, we would like to see on -site parking for two more cars. 2. Easement - We would like to have a 4' x 4' utility pedestal easement. 3. Plat - The plat should be revised to reflect the changes. STAFF COMMENTS: A. Project Description: The owners of Units 1 and 11 wish to expand their units from two -bedrooms to three -bedrooms. Unit 1 is on the northern -most end of the condominium and is abutted by Unit 2 which is a two -bedroom unit. Unit 11 is abutted on both sides by three -bedroom units. In order to protect the architectural integrity of the roofline on the northeast side of the condominiums, the Condominium Association has required as a condition to allowing the owner of Unit 1 to expand that a new roof and false front over the entrance side of Unit 2 and 3 connecting with the roofline on Unit 4. Please see attached architectural drawings A. According to the application, the proposed expansions will not result in any increase in density, increase in the footprint or increase in the overall height of the building. B. Amendment to the PUD 1. Pursuant to Section 7-903 the general requirements of review for a PUD are as follows: a. The proposed development shall be consistent with the Aspen Area Comprehensive Plan. RESPONSE: The 1973 plan identifies this area as single family. However, Ute Avenue has become a mixture of multi -family, for example the Clarendon and the Gant and single family, for example 1010 Ute and Aspen Chance. b. The proposed development shall be consistent with the character of existing land uses in the surrounding area. RESPONSE: Additional bedrooms are not inconsistent given the level of density that has developed in the surrounding area. C. The proposed development shall not adversely affect the future development of the surrounding area. RESPONSE: The proposed development will not adversely affect the future development of the area but will set a precedent for other two -bedroom units that may in the future wish to convert to more bedrooms. Currently there are five units that are two -bedroom units. Units 1 and 11 are requesting an increase to three bedrooms which totals 490 square feet. If owners of the other three units increase to three bedrooms the total additional square footage would be 1225 square feet, five more rooms with the potential of 10 more people using the Clarendon. However, the height of the Clarendon will not increase. If all two bedroom units were increased to three bedrooms it would represent a 5.3% increase in square footage. Currently, there are approximately 29 parking spaces on site. Twenty-seven spaces were originally provided with the development of 15 units, two more were added as a condition for adding a third bedroom for units 6,7 and 8. The application does not offer to provide more parking with the increase in bedrooms. One space per bedroom is required in the R-6 zone. It is necessary however, for the applicant to demonstrate that additional parking spaces can be accommodated on site for the additional bedrooms. 2 d. Final approval shall only be granted to the development to the extent to which GMQS allotments are obtained by the applicant. RESPONSE: The addition of two bedrooms require a GMQS exemption by the Planning Director for a remodel without the addition of a dwelling unit. Please see attached GMQS Exemption B. 2. The rest of the review criteria are not applicable for this review. However, pursuant to Section 7-908 an amendment to a PUD, other than an insubstantial amendment shall be reviewed using the procedures of the Final Development Plan. It shall be determined that the amendments are consistent with the approved final plan. RESPONSE: The Final Development Plan (PUD Agreement) did not limit the amount of floor area on the parcel. If one were to use the underlying zoning, R-6, the Clarendon was developed at the then allowed density of one duplex unit per 4,500 square feet of lot area (15 units). The allowed floor area of a duplex is 3,150. The existing three -bedroom units are 1,610 and the two - bedroom units are 1,360. The total floor area is 94% of the floor area which would have been allowed had it been developed as 15 duplex units. With the addition of the two new bedrooms (490 square feet) the floor area is 96% of what would have been allowed and if all units have three -bedrooms the floor area is 99%. There have been two requests to amend the PUD for the addition of third bedrooms. In 1980 the P&Z approved an amendment for one unit to increase the number of bedrooms (2 to 3) based on the consideration that there is no increase in the building footprint and the architectural integrity is maintained. Concern was expressed about setting a precedent for other two -bedroom units. Council also approved the amendment. In 1982, owners requested to increase their number of bedrooms. It was denied (4-3) by the P&Z for reasons of setting precedent, a PUD should not keep changing once approved, the low density of the project should be maintained, and the FAR is increased. The Council approved the amendment with the condition that two parking spaces are added for the addition of three new bedrooms. This current request will not increase the height of the building and if approved only three remaining units will be two -bedroom. Although the application represents that the building footprint will not increase, staff does not concur. According to the plans, the addition onto Unit 1 will expand the end wall out to line up with an architectural feature that extends out from the center of the building approximately three feet. 3 The Homeowners Association has required the owner of Unit 1 to construct a new roof and false front over the entrance side of Units 2 and 3 (which are two -bedroom units). It is unclear whether this false front will add floor area to the project, and how it will fit into the project without actually adding a third bedroom onto Units 2 and 3 which is not part of this application. C. Summary of Staff Comments: 1. The request of two new bedrooms was not coupled with two new parking spaces. In reviewing the site, there is a bountiful amount of open space that compliments Glory Hole Park that staff does not advocate reducing. Most of the units serve as second homes and according to the previous Council minutes, the manager said the parking lot is filled to capacity only during Christmas and maybe one or two weeks in March. The applicant should demonstrate that additional parking can be provided for this request and future requests. 2. The false front, as required by the Home Owners Association, for Units 2 and 3 has not been clearly called out in the drawings. This may be calculated as additional floor area. The elevation does not give enough detail. 3. The foot print of Unit 1 appears to be expanding with the addition of the third bedroom. RECOMMENDATION: Staff recommends approval of the PUD amendment for a third bedroom for Units 1 and 11 with the following conditions: 1. Prior to the issuance of a building permit an amendment to the plat must be reviewed and approved by the Engineering Department. 2. Two new parking spaces should be added and shown on the amended plat for the additional two new bedrooms. 3. Prior to Final approval, the applicant shall the footprint is not being increased on Unit 1 front" on Units 2 and 3 shall be further defined. clarendon.pz 4 demonstrate that and the "false -- n ATTACHMENT A rd H Proposed Building Improvements for - - -- r- The Clarendon Condominiums --— ASPEN, COLORADO ATTACHMENT B MEMORANDUM TO: Amy Margerum, Planning Director FROM: Leslie Lamont, Planning RE: GMQS Exemption for Remodel DATE: April 12, 1990 SUMMARY: The owners of Unit 1 and 11 of the Clarendon Condominiums seek to add a third bedroom onto their two -bedroom units. Section 8-104 A.1. allows the Planning Director to exempt the remodeling, restoration, or reconstruction of an existing building which does not create an additional unit. FINDINGS: The applicants each propose to add a 245 square foot bedroom onto their two -bedroom units. An amendment to the Final PUD development plan is required. This proposal does not create an additional unit. RECOMMENDATION: Staff recommends the Planning Director to approve the GMQS Exemption for the addition of two new bedrooms. This exemption does not preempt any Commission and Council decisions regarding the amendment to PUD. I hereby approve the above Growth Management Quota exemption pursuant to Section 8-104 A.1 of the Aspen Land Use.Code. i Amy Margerum, Director 4„ LAW OFFICES MY' ^ 1ri 7 o JOSEPH E. EDWARDS, JR, �1 i THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, JR. JOSEPH E. EDWARDS, III May 11, 1990 Mayor William Sterling 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon PUD Dear Bill: TELEPHONE (303) 925-71145 FAX (303) 925-6808 Our office represents Jeffrey Wilson, the owner of Clarendon Condominium Unit No. 1, and Jerome Epstein, the owner of Clarendon Condominium Unit No. 11. The application of Mr. Wilson and Mr. Epstein for amendment to the PUD plan for the Clarendon Condominiums to add a third bedroom to each of units number 1 and 11 is on your agenda for Monday, May 14, 1990. I apologize for not getting this letter to you sooner. The Clarendon Condominiums consist of 15 units which wer (��originally approved and constructed as nine, two -bedroom units an six, three -bedroom units. As you will see w"hen you re iv ew-the _dra'wings in your packet, the units were designed so that a third bedroom could easily be added over the entrance -way without any increase in the overall height or the footprint of the building. Subsequent to construction of the Clarendon Condominiums, units 6, 7, 8 and 12 have requested, and on two different occasions, have been granted PUD amendments to expand their two -bedroom units to three -bedroom units. Members of the Planning and Zoning Commission proposed three separate motions to approve the proposed amendment to the PUD and each failed by a tie vote. Thereafter, Larry Yaw and I requested a denial so that we could move the review process forward to City Council. There were three issues which were of primary concern to the Planning and Zoning Commission. These were the unknown final build -out, the false front for units 2 and 3, and parking. Each of these issues, plus F.A.R. and impacts on the community, is addressed below. 1. Final Build -out. The Planning and Zoning Commission expressed concern that this was the third separate application since the original approval of the Clarendon Condominiums for amendment to the PUD asking for a change from two to three bedrooms. The members of the Planning and Zoning Commission stated Mayor William Sterling May 11, 1990 Page 2 they would like to see some deed restriction for the eventual final build -out of the Clarendon Condominiums. Mr. Wilson and Mr. Epstein do not have authority from the Homeowners' Association to provide a deed restriction for the Clarendon Condominiums. Amendments to PUD plans are contemplated and specifically allowed by the Land Use Code. Without an agreement among 15 separate owners (which is almost an impossibility), there is no way to get a deed restriction on final build -out for the entire condominium project. 2. False Front and New Roof. In December, 1989, Mr. Epstein and Mr. Wilson approached the Clarendon Condominium Homeowners' Association concerning authorization to file their application for amendment to the PUD plan. The Board of Directors of the Homeowners' Association required Mr. Wilson to provide a new roof and false front over units 2 and 3 in order to have a uniform roof line from units 1 through 4. The Planning and Zoning Commission objected to the creation of new bulk for unused space. The Applicants would like an opportunity for the project architect to discuss the issue with the Homeowners' Association. Since the Homeowners' Association previously stated the new roof and false front is a requirement to the Association approval of construction of a new bedroom for unit number 1, the Applicants request City Council not condition approval on such roof not being constructed. 3. Parkinq. With respect to parking, the Planning and Zoning Commission had two areas of concern. First, the Clarendon Condominium project is in a R-6, mandatory PUD zone and the R-6 zone district requires one parking space per bedroom. Second, as a condition of approval to one of the prior amendments to the PUD, two new parking spaces were required. These parking spaces were never constructed. There currently exists 27 parking spaces and 40 bedrooms, a .675:1 ratio of parking spaces to bedrooms. Attached is a letter from the manager of the Clarendon Condominiums in which he states, "There is more than sufficient parking for the complex." Section 7-903B.5. of the Land Use Regulations provides for a variance of the off-street parking requirements for a PUD. That section lists five factors to be considered in determining whether such a variance should be granted. Two of those factors are irrelevant. The other three are as follows: 1) the probable number of cars used by those in the development, 2) the availability of public transit and pedestrian access and, 3) the proximity of the project to the commercial core. In the attached letter from the manager of the Clarendon Condominium, the manager states that the number of cars used by those in the development is exceeded by the number of spaces currently existing on the site. The Ruby Park Public Transit Center is a four block walk from the site and pedestrian access along the pedestrian and bike trail comes directly to the project. The project is located in very Mayor William Sterling May 11, 1990 Page 3 close proximity of the commercial core, the Gondola and all central services and facilities. A variance in the usual requirement of one parking space per bedroom is appropriate for this project. In City Council Declarations numbers 3 and 4, the City has expressed a policy of discouraging automobiles in the core area. The Applicants have determined it is possible to repaint the parking space stripes for the parking lot and increase the number of parking spaces from 27 to 29 and thereby be in compliance with the past approvals. If other parking spaces are required, it will be necessary to lay new asphalt and cover open space. Given the policy of discouraging automobiles and the condominium manager's opinion that there is more than sufficient parking for the complex, the Applicants request that no additional parking beyond 29 parking spaces be required. If two additional parking spaces are obtained through repainting the parking space stripes and two new bedrooms are added to units 1 and 11, the new parking space to bedroom ratio would be .69:1, an improvement from the current parking which is sufficient. 4. F.A.R. The lot area for the Clarendon Condominiums is 70,872.12 square feet. The property was subdivided pursuant to an agreement with the City dated January 26, 1976. The Clarendon Condominium is a multi -family condominium project. The current Land Use Code does not provide external F.A.R.'s for developments in the multi -family configuration in the R-6 zone. However, the current Code does state that the external F.A.R.Is set forth in the Code apply to non -conforming lots of record such as Clarendon. Assuming the subdivision was intended to accomplish a 15 unit project, under the current Code one would be allowed to develop seven duplexes (with lot areas of 9,000 square feet each) and one single-family residence (with a lot area of 7,872.12 square feet). Under the current Code, the seven duplexes on 9,000 square foot lots could each be built with a floor area of 4,080 square feet, or 28,560 square feet for the seven duplexes. The single-family home on 7,872.12 square feet, under the current code, could be constructed to 3,258 square feet. Thus, under the current external F.A.R.'s for this project, 31,818 square feet could be developed. If all 15 of the Clarendon Condominium units were expanded to three bedroom units, the project would have a total floor area of (24,15p square feet, which is 6,668 square feet less than allowable under the current Code. Currently, the floor area of the Clarendon Condominiums is 72% of that allowable under the Land Use Regulations, and if units 1 and 11 are expanded, the project will be 73.5% of the allowable floor area. To the northeast of the Clarendon Condominiums is the Gant project (very dense) and the R/MF Zone, which allows a floor area ratio of 1:1. Across Ute Avenue are the Black Swan project, with a floor area ratio of .44:1, the proposed Ute Trail Townhouses, with a floor area ratio of .97:1, and the 777 Ute Avenue Townhouses, with a floor area Mayor William Sterling May 11, 1990 Page 4 ratio of .93:1. The Clarendon has a ratio of .323:1 and, if fully expanded to 15 three -bedroom units, would have a floor area ratio of .34:1. The Clarendon is the least dense project in the area. 5. Impacts on Community. The expansion of units 1 and 11 from two bedrooms to three bedrooms will have no impacts on the community. There will be no increase in density (unit count), no increase in overall height and no increase in the footprint of the project. Attached is a letter from Mr. Epstein stating his family has grown, he likes to bring his family to Aspen at Christmas and, because of the expanded family size, the condominium unit is crowded at Christmas. Mr. Epstein will continue to bring his entire family at Christmas. The third bedroom simply makes the stay less crowded and more enjoyable for his family. The addition of a third bedroom does not increase the number of people in Aspen, but simply makes it more enjoyable for those who are going to be here. As the City has recognized in Ordnance 1 and in numerous studies, second homes such as the Clarendon Condominiums have a negative impact the on affordable resident housing available in Aspen. The Applicants recognize these units are second homes and therefore have affected the availability of affordable resident housing. Thus, in order to compensate for any negative impact on affordable resident housing which may be the result of the increase in size of units 1 and 11 from two bedrooms to three bedrooms, each of the Applicants have authorized me to offer to make a payment to the affordable resident housing fund of $20,000.00 (a total of $40,000.00 for both units), which is the equivalent of a payment for one moderate level employee for each new bedroom or more than the payment for one middle income studio for each new bedroom under the payment -in -lieu schedule as currently adopted by the City of Aspen. The Applicants respectfully request that City Council grant approval of the amendment to the PUD plan to allow units 1 and 11 to expand from two bedrooms to three bedrooms with the following conditions: 1. The parking area be repainted to increase the total number of parking spaces from 27 parking spaces to 29 parking spaces. 2. That a variance through the PUD process be granted allowing the parking space to bedroom ratio to be varied to .69:1. 3. As a condition of receipt of a building permit for the expansion of a unit from two bedrooms to three bedrooms, the owner of the unit to be expanded shall pay to the Aspen/Pitkin County Housing Authority $20,000.00. Mayor William Sterling May 11, 1990 Page 5 Please contact me if you have any questions. Very tru y yours, E. Edwards, III Jnh-- ic-1S Enclosures cc: Mr. Jeffrey Wilson Mr. Jerome Epstein Ms. Leslie Lamont Mr. Larry Yaw i April 17, 1990 City of Aspen Planning & Zoning Commission 130 S. Galena Aspen, Colorado 81611 Dear Commission Member: As the Manager of the Clarendon Condominium Association I've been asked to evaluate the use of the parking area. We currently rent six of the Clarendon Condominiums and the other nine are used by the owners or their guests on a non -rental basis. Our rental guests are provided with free transportation around Aspen and very seldom have automobiles because of their proximity to downtown and the lifts. The non -rental owners are allowed one car per unit and one extra pass to be used by guests on a short term basis. In total, there is seldom, if ever, more than 10-12 cars at the Clarendon occupying the 29 physical spaces. There are generally a few extra cars during the day which belong to our housekeepers and maintenance people as they are servicing the project, but in total there is more than sufficient parking for the complex. Please feel free to call me if I can help clarify further the use of the Clarendon parking area. CF/jlp Sincerely, Chuck Frias General Manager 730 East Durant, Aspen, Colorado 81611 303/920-2000 1/882-2582 Rnn144q-91,R9 Ir.rdr-irnrini in i/oon_onon is PERRY Jerome P. Epstein 25 Mt. Laurel Rd. Hainesport, NJ 08036 (609) 267-1600 March 20, 1990 Joseph E. Edwards, III The Jerome Professional Building Suite 109, 201 N. Mill Street Aspen, CO 81611 Dear Mr. Edwards: My wife Debbie and I have asked you to request amendment to the Clarendon P.U.D. so that we can convert our unit, #11, from (2) to (3) bedrooms. The Clarendon Condominium Association has o.k.Id this request, subject to approval by the City. We need the additional space because our family has grown. My elder son and his wife have (2) children, and, we hope that my younger son will also be fruitful and multiply in due time. At Christmas, my wife and I, my son, daughter-in-law and grandchildren, and my younger son and his girlfriend were all in our unit at the same time ... believe me, it was crowded! You should know that except for a small Suzuki vehicle that we use to go the airport or the supermarket, we do not use cars in Aspen. In the winter we walk to the gondola or occasionally take a bus to Snowmass. In the summer we go everywhere by bike or by foot. i i PERRY Jerome P. Epstein 25 Mt. Laurel Rd. Hainesport, NJ 08036 (609) 267-1600 Also, we do not rent our unit and have no plans to do so in the future. It's our understanding that other Clarendon owners have converted from (2) to (3) bedrooms over the past few years. We hope that we also will be permitted to do so and that we can enjoy having the whole family with us the same time. tein JPE:rod MEMORANDUM TO: City Engineer FROM: Leslie Lamont, Planning Office RE: Clarendon Subdivision PUD Amendment DATE: February 28, 1990 Attached for your review and comments is an application from Joe Edwards on behalf of the Clarendon Condominium Association requesting and amendment to the Final PUD Development Plan. Please review this material and return your comments to me no later than March 26, 1990. Thank you. MEMORANDUM To: Leslie Lamont, Planning Office From: Elyse Elliott, Engineering Department Date: March 16, 1990 Re: Clarendon Subdivision PUD Amendment After reviewing the above application, the Engineering Department has the following comments: 1. Parking Spaces - Since two new bedrooms are being added, we would like to see on -site parking for two more cars. 2. Easement - We would like to have a 4' x 4' utility pedestal easement. 3. Plat - The plat should be revised to reflect the changes. 4. Improvement district - The applicant must agree to join future improvement districts. cc: Chuck Roth ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 February 27, 1990 Joe Edwards 201 North Mill Street, Suite 109 Aspen, CO 81611 RE: Clarendon Subdivision PUD Amendment Dear Joe, This is to inform you that the Planning Office has completed its preliminary review of the captioned application. We have determined that your application is complete. We have scheduled your application for review by the Aspen Planning and Zoning Commission at a public hearing on Tuesday, April 17, 1990 at a meeting to begin at 4:30 pm. The Friday before the meeting date, we will call to inform you that a copy of the memo pertaining to your application is available at the Planning Office. If you have any questions, please call Leslie Lamont, the planner assigned to your case. Sincerely, Debbie Skehan Administrative Assistant PUBLIC NOTICE RE: CLARENDON SUBDIVISION PUD AMENDMENT NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, April 17, 1990 at a meeting to begin at 4:30 pm before the Aspen Planning and Zoning Commission, 2nd Floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by The Clarendon Condominium Association, Jeffrey Wilson and Jerome Epstein represented by Joseph Edwards, Jr. requesting approval of an amendment to the Clarendon Subdivision PUD. The applicants request approval to convert two two -bedroom units to three -bedroom units. The specific units are Units 1 and 2 which are located at the northen-most end of the condominium. For further information, contact the Aspen/Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920-5090. s/C. Welton Anderson, Chairman Planning and Zoning Commission Published in The Aspen Times on March 29, 1990. City of Aspen Account. LAW OFFICES JOSEPH E. EDWARDS, JR. THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E.EDWARDS,JR. JOSEPH E. EDWARDS, III April 23, 1990 MR 2510 Ms. Leslie Lamont Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon Condominium PUD Dear Leslie: TELEPHONE (303) 925-7116 FAX (303) 925-6808 Attached is a letter certifying that Amber Dusk, my filing clerk, mailed the required notice prior to the Planning and Zoning public hearing on the above -referenced project. Very tru yours, Joseph �E&dwards, III LAW OFFICES JOSEPH E. EDWARDS, JR. THE JEROME PROFESSIONAL BUILDING SUITE 109, 201 NORTH MILL STREET ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, JR. JOSEPH E. EDWARDS, III April 23, 1990 Ms. Leslie Lamont Aspen/Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Re: Amendment to Clarendon Condominium PUD Dear Leslie: TELEPHONE (303) 925-7116 FAX (303) 925-6808 By this letter, I certify to you that April 3, 1990, I mailed a copy of the attached notice to each of the persons listed on the attached list to the names and addresses shown on such list. Very truly yours, Amber Dusk AD/kls Enclosure STATE OF COLORADO ss. COUNTY OF PITKIN ) Acknowledged before me this 2� � day of April, 1990, by Amber Dusk. C My commission expires: Witness my hand and offic f PITKIN COUNTY TITLE, Inc. Vincent J. Higens President INVOICE TO: JODY EDWARDS HAND DELIVERED Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX ORDER NO.90-356 DATE:MARCH 19, 1990 UNDERWRITER: LEGAL DESCRIPTION: CLARENDON CONDOMINIUMS REF: UP DATE ON ADJACENT OWNERS LIST NO. 90-329 CHARGES OWNER'S POLICY $ $ MORTGAGE POLICY $ $ ENDORSEMENTS $ $ $ FORECLOSURE CERTIFICATE $ ENTRIES # @ 5.00 EACH= $ TAX CERTIFICATE $ 10.00 EACH X = $ CLOSING FEE $ RECORDING FEES $ 0 & E'S $ CANCELLATION FEES $ OTHER CHARGES 5 HOURS @ $75 PER HOUR $ 375.00 SUB TOTAL $ 375.00 PREVIOUS BALANCE + $ LESS CREDITS - $ TOTAL DUE $ 375.00 Christina M. Davis Vice President PITKIN COUNTY TITLE, In_ Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX INVOICE TO: ORDER NO.90-356 JODY EDWARDS HAND DELIVERED DAIL•MARCH 19, 1990 UNDERWRITER: LEGAL DESCRIPTION: CLARENDON CONDOMINIUMS REF: UP DATE ON ADJACENT OWNERS LIST NO. 90-32? CHARGE OWNER, PC L'r L .� �.. ICY Y n, y MORTGAGE POLICY $ $ E-N0ORS Ei ILN 1 S $ $ r FORECLOSURE CERTIFICATE $ ENTRIES It @ 5.00 E;1CH- $ TA)( CERTIFICATE y 10.00 EAC}I :( _ $ CLOSING FEE $ RECORDING FEES $ CANCELLATION FEES $ OTHER CHARGES 5 HOURS @ $75 PER HOUR $ 375.00 SUB TOTAL $ 375.00 PREVIOUS BALANCE + $ LESS CREDITS - $ TOTAL "'UE $ 375.00 Christina M. Davis Vice President ' PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 - (303) 925-6527 FAX Vice President ADJACENT OWNER'S STATEMENT Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies the following list is a current list of adjacent property owner's within three hundred feet of the Clarendon Condominiums, as obtained from the most current Pitkin County Assessors Tax Rolls. NAMES AND ADRESSES BRIEF LEGAL DESCRIPTION --------------------------------------------------------------------------------------- G.M. WILKINSON DBA ECHO FILMS P.O. BOX 4692 ASPEN, CO 81612 PARK TRUST, LTD. P.O. BOX 940 ASPEN, CO 81612 EDWIN J. SMART P.O. BOX 799 ASPEN, CO 81612 THOMAS T. CRUMPACKER TRUSTEE 234 WEST HOPKINS AVENUE ASPEN, CO 81611 FIDELITY TRUST BUILDING, INC. P.O. BOX 4692 ASPEN, CO 81612 HARLEY BALDWIN 1/2 STATESMAN MINING COMPANY 1/2 210 SOUTH GALENA #23 ASPEN, CO 81611 TERRY WOODWARD AND NORMAN L. WOODWARD 325 EAST THIRD STREET OWENSBORO, KY 42301 MACNEE ENERGY CORPORATION A CALIFORNIA CORPORATION SUITE 640 1850 MT. DIABLO BOULEVARD WALNUT CREEK, CA 94596 VARIOUS MINING CLAIMS PONTIAC LODE USMS #4566 VARIOUS MINING CLAIMS RAINSTORM #2 USMS #6318 CASCADE #2 USMS # 6948 VARIOUS MINING CLAIMS UNIT D-303, THE GANT CONDOS UNIT 3, ASPEN ALPS WEST CONDOS 0 PITKIN COUNTY TITLE, Inc. Vincent J. Higens President ASPEN CHANCE, INC. A TEXAS CORPORATION C/O NEIL MYERS SUITE 3150, 1201 LOUISIANA HOUSTON, TX 77002 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX SMUGGLER DURANT MINING CORPORATION P.O. BOX 533 CROSS RIVER, NY 10518 F.A. BENEDICT 1280 UTE AVENUE ASPEN, CO 81611 MUSIC ASSOCIATES OF ASPEN 600 EAST HOPKINS ASPEN, CO 81611 CATHERINE ANNE HAGEN UNIT B-10 111 MIDLAND PARK PLACE ASPEN, CO 81611 RONALD AGER 1/2 ELEANOR S. AGER 1/2 127 S. HIBISCUS DRIVE MIAMI BEACH, FL 33139 PAUL ALBRECHTSEN 250 OAK POINT RAOD WINNIPEG, MANITOBA, CANADA R2R1V1 GEORGE W. BARTLETT JEANNE L. BARTLETT 330 EAST CIRCLE DRIVE NORTH MUSKEGON, MI 49445 DAVID E. JONES 3D, 1010 FIFTH AVENUE NEW YORK CITY, NY 10028 DAVID M. GINZBERG SHIRLEY GINZBERG 101 CENTRAL PARK WEST NEW YORK CITY, NY 10023 JUDITH R. BITTEL 11501 S. W. 72 COURT MIAMI, FL 33156 LOT 4, ASPEN CHANCE SUBDIVISION PART OF J.C. JOHNSON USMS #1436 AND LEADVILLE USMS #5270 Christina M. Davis Vice President AXTELL LODE USMS #10050 AND PROTECTION LODE USMS #10050 RF SAME AS ABOVE UNIT B-10 MIDLAND PARK SUBDIVISION UNIT F-104, THE GANT CONDOS UNIT B-102, THE GANT CONDOS UNIT A-102, THE GANT CONDOS UNIT C-302, THE GANT CONDOS UNIT F-303, THE GANT CONDOS UNIT E-404, THE GANT CONDOS PITKIN COUNTY TITLE, Inc. 3 Vincent J. Higens President IRVING W. BAILEY, III P.O. BOX 32830 LOUISVILLE, KY 40511 PETER CARMAN #23D 45 WEST 60TH STREET NEW YORK CITY, NY 10023 ROSEMARIE E. GLAS P.O. BOX 15172 ASPEN, CO 81612 WILLIAM J. HOLM DOROTHY B. HOLM C/O CHANDLER MACHINE COMPANY P.O. BOX 429 AYER, MA 01432 RALPH L. COTTON DAYL A. LARSON 8370 W: 38TH AVENUE SUITE 201 WHEAT RIDGE, CO 80033 PETER A. CARRUTHERS LUCY M. CARRUTHERS 2220 EAST CAMINO MIRAVAL TUCSON, AZ 85718 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX DUNHILL ASSOCIATES LTD. A COLORADO LTD. PARTNERSHIP C/O SPENCER F. SCHIFFER ST. 201, 201 NORTH MILL STREET ASPEN, CO 81611 ROBERT B. REINGOLD 730 LAWRENCE DRIVE NEWBURY PARK, CA 91320 BRUCE E. DAHRLING, II JOHN A. DAVIDSON 3280 HOWELL MILL ROAD N.W. ATLANTA, GA 30327 REICH, MELVIN L. C/O JENNIFER LAWLER P.O. BOX 2714-726 HUNTINGTON BEACH, CA 92647 UNIT J-103, THE GANT CONDOS UNIT F-203, THE GANT CONDOS UNIT A-304, THE GANT CONDOS UNIT D-102, THE GANT CONDOS UNIT D-305, THE GANT CONDOS UNIT B-301, THE GANT CONDOS UNIT D-106, THE GANT CONDOS UNIT K-304, THE GANT CONDOS UNIT E-402, THE GANT CONDOS UNIT J-201, THE GANT CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX GENERATION TWO ENTERPRISES UNIT A-303, THE GANT CONDOS C/O/ NANCY JOHNSON 3701 S.W. BEAVERTON AVENUE PORTLAND, OR 97201 ALLEN D. BOTT UNIT A-202, THE GANT CONDOS 2250 MASTLANDS DRIVE OAKLAND, CA 94611 VERNON D. RITZMAN UNIT A-301, THE GANT CONDOS SHARON K. RITZMAN DAVID WOLF KAREN WOLF C/O VERNON D. RITZMAN 14990 FOOTHILL ROAD GOLDEN, CO 80401 LOWE DEVELOPMENT CORPORATION UNITS B-101, E-101, J-105, G-105, A CALIFORNIA CORPORATION THE GANT CONDOMINIUMS SUITE 900 11777 SAN VICENTE BOULEVARD LOS ANGELES, CA 90049 STANLEY A. HOFFBERGER UNIT G-304, THE GANT CONDOS JUDITH R. HOFFBERGER 5110 SAN FELIPE, #164W HOUSTON, TX 77056 HARRIET MEHL UNIT E-301, THE GANT CONDOS 350 WEST 57 STREET NEW YORK CITY, NY 10019 HOWARD R. SCHARLIN UNIT E-303, THE GANT CONDOS #400, 1399 SW 1 AVENUE MIAMI, FL 33130 MARIE C. PRATER, TRUSTEE UNIT E-403, THE GANT CONDOS 2115 SOUTH DEER RUN SPRINGFIELD, MO 65804 SUSAN L. MARSLAND UNIT F-202, THE GANT CONDOS C/O MERRILL LYNCH REALTY 34 EAST OAK STREET CHICAGO, IL 60611 GARY P. WILDER UNIT F-302, THE GANT CONDOS RITA J. WILDER P.O. BOX 99 KEY BISCAYNE, FL 33149 Christina M. Davis Vice President Vincent J. Higens President DOMINGO BAITLON YVONNE BAITLON 612 WEST 18TH STREET PUEBLO, CO 81001 DR. RALPH L. PIPES 6671 SOUTH RIDGEVIEW DRIVE MORRISON, CO 80465 BEEN CORPORATION 4736 MANITOU ROAD TONKA BAY, MN 55331 JAMES E. ANDERSON 2145 FIELOCREST DRIVE OWENSBORO, KY 42301 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 - (303) 925-6527 FAX ROGER T. FRIDHOLM AS TRUSTEE OF FRIDHOLM REV. TRUST 100 RIVER PLACE DETROIT, MI 48207 GEORGE DUNEA TRUSTEE OF MORRIS TRUST 906 FRANKLIN RIVER FOREST, IL 60305 WILLIAM H. TREMBLY, JR. RIVER RIDGE OFFICE PARK BLDG. B, 6400 RIVERSIDE DRIVE DUBLIN, OH 43017 ROBERT H. DOLL ANN W. DOLL 714 TETE L'OURS DRIVE MANDEVILLE, LA 70445 PAUL L. WAGNER DOROTHY H. WAGNER 3199 BLOOMFIELD SHORE DRIVE WEST BLOOMFIELD, MI 48033 THE COLORADO NATIONAL BANK OF DENVER, AS TRUSTEE P.O. BOX 5168 TA DENVER, CO 80217 DUKE MINKS C/O AUSFIN 5TH FLOOR 235 CLARENCE STREET SIDNEY, AUSTRALIA 2000 0 UNIT J-301, THE GANT CONDOS UNIT J-304, THE GANT CONDOS UNIT J-305, THE GANT CONDOS UNIT K-101, THE GANT CONDOS UNIT K-302, THE GANT CONDOS UNIT K-303, THE GANT CONDOS UNIT J-102, THE GANT CONDOS UNIT E-204, THE GANT CONDOS UNIT E-103, THE GANT CONDOS UNIT B-202, THE GANT CONDOS UNIT D-104, THE GANT CONDOS Christina M. Davis Vice President U PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX JAMES S. DU BOSE P.O. BOX 2990 FORT WORTH, TX 76113 EDWARD STANLEY SANDITEN P.O. BOX 11566 ASPEN, CO 81612 ROGER MC CORMICK 66% MARY E. MC CORMICK 34% 1353 WOODMERE LANE OWENSBORO, KY 42301 PHILIP C. MC GOVERN MARY ANN MC GOVERN 3545 WOODBURN COURT BROOKFIELD, WI 53005 DONNE P. MOEN ELIZABETH A. MOEN 1425 VIA DEVALOS PALOS VERDE, CA STEVEN FRAUTSCHI HIE FRAUTSCHI 1561 CREST DRIVE ALTADENA, CA 91001 PADRAIC P. FRUCHT SHIRLEY A. FRUCHT # 24, 151 GONZALES ROAD SANTA FE, NM 87501 ROYLE LAUNCEY FREUND TRUSTEE, THE LASKY FAMILY TRUST SUITE 371 1341 OCEAN AVENUE SANTA MONICA, CA 90401 JAMES OROVITZ NANCY B. OROVITZ 6400 S.W. 120TH STREET MIAMI, FL 33156 CAROL R. HARRIS MORTON ROSENBERG RAYMOND ROSENBERG 3092 NELSON DRIVE LAKEWOOD, CO 80215 UNIT B-204, THE GANT CONDOS UNITS J-202, J-203 & J-205, THE GANT CONDOMINIUMS UNIT D-304, THE GANT CONDOS UNIT C-104, THE GANT CONDOS UNIT C-305, THE GANT CONDOS UNIT E-104, THE GANT CONDOS UNIT K-104, THE GANT CONDOS UNIT C-306, THE GANT CONDOS UNIT F-101, THE GANT CONDOS UNIT C-205, THE GANT CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX JOAN CRAWFORD UNIT K-203, THE GANT CONDOS 15310 MANOR VILLAGE LANE ROCKVILLE, MD 20853 WAYNE F. HENDERSON UNIT K-204, THE GANT CONDOS BEA B. HENDERSON 4 BUTTERNUT ROAD RANDOLPH, NJ 07869 CHARLES V. HENRY III UNIT E-302, THE GANT CONDOS BETTY D. HENRY 937 WILLOW STREET LEBANON, PA 17042 DAVID E. HOCKER UNIT C-301, THE GANT CONDOS MARY J. HOCKER P.O. BOX 1539 OWENSBORO, KY 42301 STEPHEN PHILLIPS UNIT A-201, THE GANT CONDOS BARBARA PHILLIPS 900 FIFTH AVENUE NEW YORK CITY, NY 10021 STEPHEN PINSKY UNIT C-101, THE GANT CONDOS ALENE PINSKY ESTATE OF BERTHA PINSKY 382 DELEGATE DRIVE WORTHINGTON, OH 43085 RODERICK N. JACK UNIT K-201, THE GANT CONDOS 261 UNION BOULEVARD KITCHNER, ONTARIO, CANADA N2M2S9 ANDREW KNAUS UNIT B-205, THE GANT CONDOS FLORENCE M. KNAUS 3100 TOPPING LANE HUNTING VALLEY, OH 44022 CHERYL LYNN TRAVIS UNIT C-105, THE GANT CONDOS CURTIS CLYDE TRAVIS WILLIAM A. SCHEIDT JUDITH 0. SCHEIDT 8112 BENNINGTON KNOXVILLE, TN 37919 STEPHEN M. KULVIN TRUSTEE UNIT D-306, THE GANT CONDOS 1688 MERIDIAN MIAMI BEACH, FL 33139 Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX JOHANNES VAN TILLBURG UNIT J-104, THE GANT CONDOS 1101 BROADWAY SANTA MONICA, CA 90401 WILLIAM CARL LINEBERGER UNIT F-102, THE GANT CONDOS 145 GREEN ROCK DRIVE BOULDER, CO 80302 JOEL A. BLOCK UNIT A-103, THE GANT CONDOS STUART A. BLOCK 3728 NORTH RACINE CHICAGO, IL 60603 DANIEL BECHNEL, JR. UNIT F-201, THE GANT CONDOS MARY H. BECHNEL C/O WILLIAM E. YORK 109 WEST 7TH STREET RESERVE, LA 70084 PAGEAL VENTURES, LTD. UNIT D-301, THE GANT CONDOS A CANADIAN CORPORATION C/O DR. PAUL C. LEVIN 4292 VILLAGE CENTRE COURT MISSISSAUGA, ONTARIO, CANADA L42152 GEORGE P. MITCHELL SUITE 260 2002 TIMBERLOCH PLACE THE WOODLANDS, TX 77380 WILKERSON, WILLIAM 3000 N.E. 30TH PLACE FT. LAUDERDALE, FL 33306 MARCY ELLEN TAUB C/O TEXAN BUILDING, 4TH FLOOR 333 WEST LOOP NORTH HOUSTON, TX 77024 CHANDLER DIEHL, III DENISE U. DIEHL 925 CRESTVIEW GLENDALE, CA 91202 MALCOLM BREMER 3263 AVALON PLACE HOUSTON, TX 77019 WILLIAM D. PRAKKEN JUDITH B. PRAKKEN 215 COUNTRY CLUB PARK GRAND JUNCTION, CO 81503 UNIT B-201, THE GANT CONDOS UNIT D-302, THE GANT CONDOS UNIT J-303, THE GANT CONDOS UNIT D-203, THE GANT CONDOS UNIT C-103, THE GANT CONDOS UNIT K-103, THE GANT CONDOS Christina M. Davis Vice President ,I PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX ROBERT B. KARP 2632 RILLWOOD ROAD BIRMINGHAM, AL 35243 DAVID GOLDBERG 2110 CHEROKEE PARKWAY LOUISVILLE, KY 40204 LUIS KAUFER SYLVIA DAUFER AVENIDA DE LAS FUENTES #40-1902 TECAMACHALCO, EDO. DE MEXICO 53950 DR. ROBERT L. ORR, D.D.S. R.G. ALEXANDER 500 PATTERSON GRAND JUNCTION, CO 81501 WILLIAM A. PARKER, JR. 1880 GARRAUUX ROAD, N.W. ATLANTA, GA 30327 UNIT E-401, THE GANT CONDOS UNIT A-203, THE GANT CONDOS UNIT D-101, THE GANT CONDOS UNIT B-104, THE GANT CONDOS UNIT F-304, THE GANT CONDOS DIANA BLUM UNIT D-204, THE GANT CONDOS R. F. D. 469 VINEYARD HAVEN, MA 02568 DR. MELVIN REICH UNIT C-204, THE GANT CONDOS COLIN GAINES P.O. BOX 2714-726 HUNTINGTON BEACH, CA 92647 VALERIE ARDEN RICHTER 6214 N. 34TH STREET PARADISE VALLEY, AZ 85253 ARNOLD ROBBINS MARLENE ROBBINS 1103 DEERFIELD PLACE HIGHLAND PARK, IL 60035 679534 ONTARIO LIMITED AN ONTARIO CORPORATION 100 SCARSDALE RAOD DON MILLS, ONTARIO, CANADA M3B2R8 UNIT K-301, THE GANT CONDOS UNIT E-201, THE GANT CONDOS UNIT B-203, THE GANT CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX ALLAN HOFFMAN UNIT C-201, THE GANT CONDOS EVELINE HOFFMAN COMMUNITY TITLE COMPANY SUITE 305 12400 OLIVE BOULEVARD ST. LOUIS, MO 63141 RICHARD W. GESSNER UNIT C-206, THE GANT CONDOS SUSAN R. GESSNER 1705 11TH STREET N.E. MASSILLON, OH 44646 GEORGE SHIRFIN UNIT C-203, THE GANT CONDOS 271 CENTRAL PARK WEST NEW YORK CITY, NY 10024 HOWARD A. SCHIRMER, JR. UNIT J-204, THE GANT CONDOS LESLIE M. SCHIRMER 827 INVERNESS DRIVE LA CANADA, CA 91011 MEYBERT P. ARONS UNIT A-302, THE GANT CONDOS RUTH M. ARONS LIVING TRUST, 982 3397 BARHAM BOULEVARD LOS ANGELES, CA 99068 DARYL R. BURNS UNIT F-103, THE GANT CONDOS 5055 EAST KENTUCKY AVENUE DENVER, CO 80222 JOHN H. SCHWARZ UNIT C-102, THE GANT CONDOS CALTECH 452-48 PASADENA, CA 91125 EDWARD L. SCLAMBERG UNIT E-202, THE GANT CONDOS BONNIE JO SCLAMBERG 2430 ORRINGTON EVANSTON, IL 60201 GEORGE SEIFERT UNIT D-205, THE GANT CONDOS BERTHA E. SEIFERT 2526 KELLOGG AVENUE AMES, IA 50010 KEITH E. LIBERMAN UNIT E-102, THE GANT CONDOS PATRICIA J. LIBERMAN 901 THAYER STREET LOS ANGELES, CA 90024 Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX JAY ALLEN SIEGEL UNIT F-204, THE GANT CONDOS LOIS H. SIEGEL 2000 SOUTH BAYSHORE DRIVE VILLA 52 COCONUT GROVE, FL 33133 SHEILA SIMON UNIT B-105, THE GANT CONDOS # 103, 2140 PACIFIC AVENUE SAN FRANCISCO, CA 94115 77432 ONTARIO LIMITED UNIT B-103, THE GANT CONDOS AN ONTARIO CORPORATION 100 SCARSDALE ROAD DON MILLS ONTARIO, CANADA M3B2R8 THE ALAN S. ENGLANDER UNIT D-103, THE GANT CONDOS REVOCABLE TRUST 323 RAILROAD AVENUE GREENWICH, CT 06830 ROBERT A. FRANKLIN UNIT K-102, THE GANT CONDOS APT. 16-C 251 EAST 51ST. STREET NEW YORK CITY, NY 10022 ROBERT R. DENNING UNIT K-202, THE GANT CONDOS KATE K. DENNING HENRY N. CLAMAN JANET S. CLAMAN 518 RIVER VIEW DRIVE GRAND JUNCTION, CO 81503 STEWART TITLE COMPANY UNIT C-304, THE GANT CONDOS P.O. BOX 3050 ASPEN, CO 81612 WARREN D. JONES UNIT C-106, THE GANT CONDOS KATHLEEN K. JONES 2800 ONE PAYDRAS PLAZA NEW ORLEANS, LA 70113 ROBERT W. TOBEY UNIT C-303, THE GANT CONDOS #25 THE GREENS 2777 SOUTH ELMIRA DRIVE DENVER, CO 80231 JOHN R. DE PALMA UNIT E-203, THE GANT CONDOS 101 WINNETT PLACE SANTA MONICA, CA 90402 Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX HANS L. STUTZ UNIT D-202, THE GANT CONDOS 30 CARTIER OTTAWA, ONTARIO, CANAND K2P2E7 BRUCE HISER UNIT D-201, THE GANT CONDOS 117 MANOR COURT BLOOMINGTON, IL 61704 WALDO M. WEDEL UNIT D-206, THE GANT CONDOS DOROTHY L. WEDEL 120 VIA TERESA LOS GATOS, CA 95030 RICHARD C. B. CLARK UNIT J-101, THE GANT CONDOS ALEXANDRA M. CLARK P.O. BOX 899 OSTERVILLE, MA 02655 ABRAHAM N.M. SHASITY, JR. UNIT F-301, THE GANT CONDOS DAN B. MILLER 2300 TRAMMELL CROW CENTER 2100 ROSS AVENUE DALLAS, TX 75201 GEORGE A. VICENZI UNIT C-202, THE GANT CONDOS BARRY LEFKOWITZ P.O. BOX 2238 ASPEN, CO 81612 TAY KWEE YEE UNIT A-204, THE GANT CONDOS P.O. BOX 1232 HONOLULU, HI 96807 THOMAS APPELQUIST UNIT J-302, THE GANT CONDOS MARION APPELQUIST 400 LIVINGSTON STREET NEWW HAVEN, CT 06511 MIKE W. FOSSIER UNIT A-104, THE GANT CONDOS DONNA R. FOSSIER APARTMENT 35F 85 EAST INDIA ROW BOSTON, MA 02110 ROBERT 0. FEHR UNIT G-202, THE GANT CONDOS EDITH B. FEHR 294 ROUND HILL ROAD GREENWICH, CT 06830 Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX KUROSH SHARIF-ZAOEH UNIT H-302, THE GANT CONDOS A GENERAL PARTNERSHIP 200 WINSTON TOWERS L-08 5957 WEST 37TH. STREET CLIFFSIDE PARK, NJ 07010 A. SCOTT MILLER UNIT H-204, THE GANT CONDOS NANCY STONER MILLER 620 NORTH MASHTA DRIVE KEY BISCAYNE, FL 33149 ROSE GRUDER UNIT H-304, THE GANT CONDOS TRUSTEE OF ROSE GRUDER TRUST 10175 COLLING AVENUE UNIT 504 BAL HARBOUR, FL 33154 G. P. DEHNERT UNIT H-101, THE GANT CONDOS 15 SERRAMAR DRIVE OAKLNAD, CA 94611 DESTIN-CO., UNIT G-305, THE GANT CONDOS A CALIFORNIA CORPORATION SUITE 700 609 SOUTH GRAND AVENUE LOS ANGELES, CA 90017 JANE C. EMERSON UNIT H-303, THE GANT CONDOS 129 TUNZIS VILLAGE FARMINGTON, CT 06032 WESTON CAPITAL CORPORATION UNIT G-205, THE GANT CONDOS #200,t 10 PIDGEON HILL DRIVE STERLING, VA 22170 DR. BARRY M. PANTER, M.D. UNIT G-102, THE GANT CONDOS MARY LOU PANTER 2625 WEST ALAMEDA 4316 MARINA CITY DRIVE BURBANK, CA 91503 TIMOTHY L. HUCKE 1255 WEST 7TH. STREET VILLA #1 VANCOUVER, B.C. CANADA V61-11137 CAROLYN A. JEFFERS 8745 RED FOX LANE CINCINATTI, OH 45243 UNIT G-101, THE GANT CONDOS UNIT G-302, THE GANT CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX MARIANNE S. LEE UNIT H-202, THE GANT CONDOS AS TRUSTEE 251 SHEFFIELD LANE GLEN ELLYN,M IL 60137 L.R.M.G. ENGINEERS, INC. UNIT G-303, THE GANT CONDOS A TEXAS CORPORATION 1/2 NANCY E. MEINIG, 1/2 2010 EAST 46TH. STREET TULSA, OK 74105 BRIAN L. HARVEY UNIT G-104, THE GANT CONDOS 2630 EL PRESIDIO ST. LONG BEACH, CA 90810 MARVIS B. SCHAECTER UNIT H-201, THE GANT CONDOS DAVID SCHAECTER 4915 NW 159TH. STREET MIAMI LAKES, FL 33014 FERMAN W. PERRY UNIT G-201, THE GANT CONDOS KATHRYN M. PERRY ROUTE 6, BOX 152E WINCHESTER, VA 22601 EDWIN L. PHELPS UNIT H-103, THE GANT CONDOS 610 SOUTH WEST END STREET #103 ASPEN, CO 81611 JOHN A. LANDELS UNIT H-402, THE GANT CONDOS P.O. BOX 619500 DALLAS, TX 75621 THE ALLAN H. RAPPAPORT TRUST UNIT H-102, THE GANT CONDOS ALLAN H. RAPPAPORT, TRUSTEE 25 ROLLING HILLS ROAD TIBURON, CA 94920 DENNIS M.L. ROSENBERG UNIT G-203, THE GANT CONDOS 3600 PRYTANIA STREET NEW ORLEANS, LA 70115 KEVIN M. SCANLON UNIT G-301, THE GANT CONDOS JANICE A. SCANLON 1/2 JOHN S. TAWGIN 112 1870 COLT ROAD ROBERT H. HESS UNIT H-203, THE GANT CONDOS SUSAN S. HESS 1254 RYDAL ROAD RYDAL, PA 19046 Christina M. Davis Vice President )`j PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX JAMES DANIEL SNYDER UNIT H-401, THE GANT CONDOS LINDA RAE SNYDER 1225 BRAEBURN FLOSSMORE, IL 60422 WALTER L. WEISMAN UNIT H-403, THE GANT CONDOS SHEILA E. WEISMAN 4934 QUEEN FLORENCE LANE WOODLAND HILLS, CA 91364 EDWARD L. SCLAMBERG UNIT G-204, THE GANT CONDOS BONNIE JO SCLAMBERG 2 ENTERPRISE DRIVE SHELTON, CT 06484 MILTON H. DRESNER UNIT H-104, THE GANT CONDOS 18260 W. TEN MILE ROAD SOUTHFIELD, MI 48075 ROBERT J. BASS UNIT H-301, THE GANT CONDOS LOAS DIANE BASS 51 CATTLE PEN LANE SPRINGFIELD, CT 06877 THE GANT CONDOMINIUM ASSOCIATION 610 WEST END ASPEN, CO 81611 PERRY ALTSHULE ELDA R. ALTSHULE 4655 LIBBIT AVENUE ENCINO, CA 91436 JOHN A. WEIL CLAUDE M. WEIL 5612 SOUTH BLACKSTONE AVENUE CHICAGO, IL 60637 HENRY FELLA JOHN PETZOLD LAURENCE NILES 117 4TH. STREET MANHATTAN BEACH, CA 90266 PETER R. WOLFORD #4, 13045 MIN DANAO WAY MARINA DEL REY, CA 90291 COMMON AREA UNIT 20, CHATEAU CHAUMONT APTS UNIT 19, CHATEAU CHAUMONT APTS Christina M. Davis Vice President UNITS 24 & 12 CHATEAU CHAUMONT APTS UNIT 13, CHATEAU CHAUMONT APTS PITKIN COUNTY TITLE, Inc. 1(V Vincent J. Higens President WALHART REALTY COMPANY 899 SHANNON NORTHBROOK, IL 60062 PHILIP E. HOWARD FRED H. PEARSON 10 SOUTH LA SALLE STREET CHICAGO, IL 60606 JAMES C. LYTLE RUSSELL F. PEPPET ROY E. HOFER C/O ROY E. HOFER SUITE 4100, ONE IBM PLAZA CHICAGO, IL 60639 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX WILLIAM L. WALLEN 1/10 ANNE C. MARCHIONNE, TRUSTEE 5/10 WALLEN 1975 CHILDREN'S TRUST 4/10 899 SKOKIE BLVD. NORTHBROOK, IL 60062 ZURICH NOMINEES PTY., LTD 4TH. FLOOR 257 COLLINS STREET MELBOURNE, AUSTRALIA THOMAS E. FRANK 15 VISTA DEL SOL SO. LAGUNA, CA 92677 JOHN C. BECKER DONNA L. BECKER JAY V. MARCH 50% C/O MARCH HOMES 704 HALDANE DRIVE KENNETT SQUARE, PA 19378 THOMAS E. FRANK TRUST THOMAS E. FRANK, TRUSTEE 15 VISTA DEL SOL SO. LAGUNA, CA 92677 THOMAS N. TARBY JOYCE W. TARBY 18417 PELLETT DRIVE FENTON, MI 48430 WALTER A. BLEDSOE, JR. KATHERINE K. BLEDSOE 413 MARCHANDISE NATIONAL BANK BLDG. TERRE HAUTE. IN 47807 UNIT 23, CHATEAU CHAUMONT APTS UNIT 17, CHATEAU CHAUMONT APTS UNIT 11, CHATEAU CHAUMONT APTS UNIT 3, CHATEAU CHAUMONT APTS UNIT 21, CHATEAU CHAUMONT APTS UNIT 5, CHATEAU CHAUMONT APTS UNIT 4, CHATEAU CHAUMONT APTS UNIT 2, CHATEAU CHAUMONT APTS UNIT 1, CHATEAU CHAUMONT APTS UNIT 7, CHATEAU CHAUMONT APTS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Vincent J. Higens President JEFFREY A. BOURN LYNDA MACCARTHY P.O. BOX 2581 ASPEN, CO 81612 R. TODD VIEREGG ONE FIRST NATIONAL PLAZA SUITE 4300 CHICAGO, IL 60603 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX H.E. REINERT HOLDINGS CORPORATION 161 MAC LAREN STREET OTTAWA, ONTARIO, CANADA K2POK8 HARRY D. DAY JERROLD K. DAY 237-22 STRAWBERRY HILL STAMFORD, CT 06902 EUBANK AND BISHOP A PARTNERSHIP 731 EAST DURANT AVENUE ASPEN, CO 81611 GARY L. KANTOR 3753 MEADOWCREST ROAD LAS VEGAS, NV 89121 JOSEPH MILANE JR. MARY JO MILANO 9242 WINDSONG COURT COLUMBUS, OH 43085 MARY ANN BANACH 1931 N. WINCHESTER AVENUE CHICAGO, IL 60622 ASPEN CHATEAUX MANAGEMENT COMPANY SUITE 520 SKOOKIE BOULEVARD NORTHBROOK, IL 60062 JAMES C. LYTLE RESSELL F. PEPPET ROY E. HOFFER C/O ROY E. HOFER SUITE 4100, ONE IBM PLAZA CHICAGO, IL 60639 UNIT 9, CHAUTEAU CHAUMONT APTS UNIT 14, CHATEAU CHAUMONT APTS UNIT B, CHATEAU CHAUMONT APTS UNIT 10, CHATEAU CHAUMONT APTS UNIT 7A, CHATEAU CHAUMONT APTS UNIT 15, CHATEAU CHAUMONT APTS UNIT 18, CHATEAU CHAUMONT APTS UNIT 16, CHATEAU CHAUMONT APTS Christina M. Davis Vice President UNITS 22 & 22A, CHATEAU CHAUMONT APTS UNIT 11, CHATEAU CHAUMONT APTS PITKIN COUNTY TITLE, Inc. Vincent J. Higens President Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX CHATEAU CHAUMONT CONDOMINIUM ASSOC C/O COATES, REID & WALDRON 720 E. HYMAN ASPEN, CO 81611 K. BRENT WALDRON CONSTANCE K. WALDRON 720 EAST HYMAN AVENUE ASPEN, CO 81611 BOCA CHICA INC. A FLORIDA CORPORATION SUITE 241 7370 NW 36TH STREET MIAMI, FL 33166 THOMAS C. GRAY ANN MILLIGAN GRAY J. DOUGLAS GRAY STEPHEN J. GRAY 1416 ASTOR STREET CHICAGO, IL 60610 PETER B. FODOR SUSANNA FODOR A NEW YORK PARTNERSHIP 200 EAST END AVENUE NEW YORK CITY, NY 10028 LESTER A. LUHNOW 41 WILLIAMETTE GREEN CANBY, OREGON 97013 HENRY J. FELLA 50% ELAINE GIBBS 50% C/O HENRY J. FELLA 117 4TH STREET MANHATTAN BEACH, CA 90266 PHILIP OLIVIA 11035 WEST 26TH. PLACE LAKEWOOD, CO 80215 GLORY HOLE CONDOMINIUM ASSOC C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 RESORT HOTEL DEVELOPMENT, INC. NEW NAME: WOODSTONE ASSOCIATES 709 EAST DURANT AVENUE ASPEN, CO 81611 COMMON AREA UNIT E, GLORY HOLE CONDOS UNIT B, GLORY HOLE CONDOS UNIT D, GLORY HOLE CONDOS UNIT F, GLORY HOLE CONDOS UNIT G, GLORY HOLE CONDOS UNIT C, GLORY HOLE CONDOS UNIT A, GLORY HOLE CONDOS COMMON AREA Christina M. Davis Vice President ALL OF LOTS K, L, M, N, 0, P & 9, BLOCK 107, CITY AND TOWNSITE OF ASPEN PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 Christina M. Davis President (303) 925-1766 • (303) 925-6527 FAX Vice President LEVANT AMERICA S.A. SOUTH 50' OF LOTS R & S, BLOCK 107, C/O COLONIAL NAVIGATION CO., INC. CITY AND TOWNSITE OF ASPEN #2240, 17 BATTERY PLACE NEW YORK CITY, NY 10004 BERTELINE BAIER DALE UNIT 8, ASPEN ALPS CONDOS 40 CENTRAL PARK SOUTH NEW YORK CITY, NY 10019 BERTELINE BAIER DALE UNIT 16, ASPEN ALPS CONDOS FOREST KNOLLS GREENWOOD LAKES, NY 10925 DON M. SIMECHECK UNIT 11, ASPEN ALPS CONDOS 741 WEST CREEKSIDE DRIVE HOUSTON, TX 77024 SAMUEL C. SILVERSTEIN UNIT 4, ASPEN ALPS CONDOS JO ANN SILVERSTEIN 325 EAST 79TH. STREET NO. 6B NEW YORK CITY, NY 10021 LANE N. MELTZER UNIT 6, ASPEN ALPS CONDOS 316 SOUTH RAMPART STREET NEW ORLEANS, LA 70112 C. C. CHANG UNIT 1, ASPEN ALPS CONDOS ILING S. CHANG C/O CHRIS SIEH 2775 GLENDOWER AVENUE LOS ANGELES, CA 90027 LORNE LEIBEL UNIT 2, ASPEN ALPS CONDOS 16 TUDOR GATE WILLOWDALE, ONTARIO, CANADA M2L1N4 ROBERT W. PAULIN UNIT 5, ASPEN ALPS CONDOS MARY T. PAULIN 4930 EAST OAKMONT DRIVE TUCSON, AZ 85718 LOUIS MARCUS UNIT 13, ASPEN ALPS CONDOS 601 OLD CROSSING DRIVE BALTIMORE, MD 21208 JOHN A. ELMORE II UNIT 3, ASPEN ALPS CONDOS P.O. BOX 881 WRIGHTSVILLE, NC 28480 ZO Vincent J. Higens President KENT W. SHOOEEN 13 SOUTH 7TH. STREET GENEVA, IL 60134 DR. R. VERNON COLPITTS, M.D. SUITE 480 7515 SOUTH MAIN HOUSTON, TX 77030 ALEXANDER B. SLATER P.O. BOX 491 LOCUST VALLEY LONG ISLAND, NY 11560 LANE N. MELTZER 316 SOUTH RAMPART STREET NEW ORLEANS, LA 70112 DAVID FAIN RUTH FAIN C/O THE ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 PITKIN COUNTY TITLE, Inc. Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX STEPHEN ABRAMSON RUTH C. ABRAMSON C/OP LAWRENCE ABRAMSON 1860 FOREST HILL BLVD., SUITE 200 WEST PALM BEACH, FL 33406 GUILLERMO OSUNA DORIS OSUNA 234 PARK AVENUE DEL RIO, TX 78840 MACO STEWART STEWART MACOL STEWART 9641 INWOOD ROAD DALLAS, TX 75220 SHIRLEY H. TAYLOR W-LAZY T RANCH VUSBY, MT 59016 JOSEPH T. VERDESCA 1250 MAJESTY DALLAS, TX 78247 UNIT 9, ASPEN ALPS CONDOS UNIT 15, ASPEN ALPS CONDOS UNIT 12, ASPEN ALPS CONDOS UNIT 6, ASPEN ALPS CONDOS UNIT 10, ASPEN ALPS CONDOS UNIT 14, ASPEN ALPS CONDOS UNIT 15, ASPEN ALPS WEST CONDOS UNIT 2 & 11, ASPEN ALPS WEST CONDOS UNIT 16, ASPEN ALPS WEST CONDOS UNIT 4, ASPEN ALPS WEST CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. ZI Vincent J. Higens President Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX REAL PROPERTIES, LTD. MATTERHORN PROPERTIES, LTD. BEAR PROPERTIES, LTD. EACH AN UNDIVIDED 1/3 INTEREST SUITE 105 1072 S. E. BRISTOL SANTA ANA, CA 92707 LILIA F. HEMPHILL C/O ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 JAIME PARIS NO. 3615 2021 SANTA MONICA BOULEVARD SANTA MONICA, CA 90406 ROBERT E. FOWLER AS TRUSTEE UNDER FOWLER TRUST 4837 PRICKLY PEAR LANE SCOTTSDALE, AZ 85253 ALVIN DWORMAN 645 FIFTH AVENUE NEW YROK CITY, NY 10022 BASLO, A CO -PARTNERSHIP C/O MR. W. D. EBERLE C/O TERTIARY 53 MOUNT VERNON STREET BOSTON, MA 02108 RONYA REALTY N.V. A NETHERLANDS ANTILLES CORPORATION C/O THE ASPEN ALPS P.O. BOX 1228 ASPEN, CO 81612 CONSTANCE HARVEY 406P ASPEN AIRPORT BUSINESS CENTER ASPEN CO 81611 DEAR PROPERTIES, LTD. 50% MATTERHORN PROPERTIES LTD. 50% SUITE 4 17662 IRVINE BOULEVARD TUSTIN, CA 92680 UNIT 1, ASPEN ALPS WEST CONDOS UNIT 8, ASPEN ALPS WEST CONDOS UNIT 5, ASPEN ALPS WEST CONDOS UNIT 7, ASPEN ALPS WEST CONDOS UNIT 14, ASPEN ALPS WEST CONDOS UNIT 10, ASPEN ALPS WEST CONDOS UNIT 6, ASPEN ALPS WEST CONDOS UNIT 12, ASPEN ALPS WEST CONDOS UNIT 17, ASPEN ALPS WEST CONDOS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. ZZ Vincent J. Higens President ASPEN ALPS CONDOMINIUM ASSOC C/O PAM CUNNINGHAM 141 MIDLAND PARK PLACE ASPEN, CO 81611 HOWARD ABRAHAM 1340 ASTOR STREET CHICAGO, IL 60610 MEYER'S BAKERIES, INC. AN ARKANSAS CORPORATION P.O. BOX 7498 LITTLE ROCK, AK 72217 IRWIN WINKLER MARGO A. WINKLER 10125 WASHINGTON BOULEVARD CULVER CITY, CA 90230 BERNARD SACKS 2424 S. WABASH AVENUE CHICAGO, IL 60616 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX BLACK SWAN HALL CONDOMINIUM ASSOC C/O P.O. BOX 4273 ASPEN, CO 81612 JAMES PAUL P.O. BOX 1505 MARINO DEL REY, CA 90295 MACO STEWART C/O WOOD BRANCH OFFICE PARK 11931 WICKCHESTER LANE SUITE 302 HOUSTON, TX 77043 JOHN HAROLD LOSSING JANE BLACKMAN LOSSING 3301 NEW MEXICO AVE, NORTHWEST WASHINGTON, D.C. 20016 JAMES C. GIANULIAS MARILYN H. GIANULIAS DARRELL F. HOOVER C/O CAMEO HOMES 1105 QUAIL NEWPORT BEACH, CA 92660 COMMON AREA UNIT B, BLACK SWAN HALL CONDOS UNIT D, BLACK SWAN HALL CONDOS UNIT A, BLACK SWAN HALL CONDOS UNIT C, BLACK SWAN HALL CONDOS COMMON AREA UNIT 9, AJAX CONDOMINIUMS UNIT 6, AJAX CONDOMINIUMS UNIT 1, AJAX CONDOMINIUMS UNIT 2, AJAX CONDOMINIUMS Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Z3 Vincent J. Higens President THOMAS C. PECKHAM P.O. BOX 9766 ASPEN, CO 81612 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX EEYOREE THREE PARTNERSHIP A COLORADO GENERAL PARTNERSHIP C/O HUNTER C. MARCH 3916 AVENUE H AUSTIN, TX 78751 MARGARET R. SPENCER 1011 NASHVILLE AVENUE NEW ORLEANS, LA 70115 AJAX CONDOMINIUM ASSOCIATION C/O McCARTNEY PROPERTY MANAGEMENT 317 ASPEN AIRPORT BUSINESS CENTER ASPEN, CO 81611 DIANE L. HEDDON 749 VIA SOMANTE MALAGA COVE PALOS VERDES, CA 90274 BARBARA C. LEWIS APARTMENT 6 7575 BATELY COURT SEBASTOPOL, CA 95472 LEONARD GERTLER JUDITH GERTLER CO -TRUSTEES OF GERTLER TRUST 14623 HILL TREE ROAD SANTA MONICA, CA 90402 BARRY LEFKOWITZ P.O. BOX 364 ASPEN, CO 81612 EDWARD PATTON IRENE PATTON P.O. BOX 5089 ASPEN, CO 81612 HARRIET SUGAR TOIBIN SUITE 104-277 6992 EL CAMINO REAL RANCHO LA CASTA, CA 92008 MARTIN H. SILTON RITA PICKER SILTON P.O. BOX 12189 ASPEN, CO 81612 UNIT 7, AJAX CONDOMINIUMS UNIT 8, AJAX CONDOMINIUMS UNIT 3, AJAX CONDOMINIUMS COMMON AREA LOTS A & B, BLOCK 120, CITY AND TOWNSITE OF ASPEN LOTS C, D & E, BLOCK 120 CITY AND TOWNSITE OF ASPEN LOTS F & G, BLOCK 120 CITY AND TOWNSITE OF ASPEN LOTS H & I, BLOCK 120, CITY AND TOWNSITE OF ASPEN UNIT 2, THE LITTLE NELL CONDOS UNIT 5, THE LITTLE NELL CONDOS UNIT 10, THE LITTLE NELL CONDOS Christina M. Davis Vice President zV PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX DR. EUGENE W. ROBINSON UNIT 3, THE LITTLE NELL CONDOS MARY ALICE ROBINSON 234 REXFORD PLACE WATERTOWN, NY 13601 DONALD B. CAFFRAY UNIT 6, THE LITTLE NELL CONDOS ANN T. CAFFRAY 5TH. FLOOR, HARBOR BANK BLDG 11 GOLDEN SHORE DRIVE LONG BEACH, CA 90802 RUSSELL T. LUND UNIT 11, THE LITTLE NELL CONDOS LUNDS, INC. 905 TONKAWA ROAD LONG LAKE, MN 55356 JOHN B. STERN UNIT 9, THE LITTLE NELL CONDOS ANN STERN SONNENBERG SUITE 800 515 S. FIGUEROA STREET LOS ANGELES, CA 90071 MICHAEL C. KRAVITZ UNIT 7, THE LITTLE NELL CONDOS C/O K & S PARTNERSHIP 6406 BRENTFIELD DRIVE DALLAS, TX 75248 DAVID A. PARKER UNIT 4, THE LITTLE NELL CONDOS ELIZABETH M. PARKER 1507 WALDEN DRIVE MC LEAN, VA 32101 UKENA FAMILY CONDOMINIUM UNIT 8, THE LITTLE NELL CONDOS A. GENERAL PARTNERSHIP 1704 BURNETT AVENUE AMES, IA 50010 ROBERT D. KLINEMAN UNIT 1, THE LITTLE NELL CONDOS BERNARD E. SINGER, TRUSTEES UNDER KLINEMAN TRUST P.O. BOX 11782 ASPEN, CO 81612 THE LITTLE NELL CONDO ASSOC COMMON AREA C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 ERNIE MEISSNER UNIT 6, THE MIDLAND CONDOMINIUMS 157 KING STREET W. KITCHENER, ONTARIO, CANADA Christina M. Davis Vice President Z5 PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX PEICES OF SEVEN REALTY CORP. UNIT 3, THE MIDLAND CONDOMINIUMS 2940 SOUTH DETROIT WAY DENVER, CO 80210 J. JEFFREY DOHSE UNIT 12, THE MIDLAND CONDOMINIUMS 364 LAFAYETTE STREET DENVER, CO 80218 G & H INVESTMENT COMPANY UNIT 10, THE MIDLAND CONDOMINIUMS A PARTNERSHIP COMPOSED OF DR. WILLIAM & GERDA SEIFER 6471 MANTOVA STREET LONG BEACH, CA 90815 GEORGE H. HARLAN UNIT 7, THE MIDLAND CONDOMINIUMS MARGARET R. HARLAN 1700 CASTLEMAN COURT KELLER, TX 76248 WILLIAM M. LENTZ, JR. UNIT 13, THE MIDLAND CONDOMINIUMS P.O. BOX 1098 LINCOLNTON, NC 28092 PAULETTE 0. PERKINS UNIT 4, THE MIDLAND CONDOMINIUMS THOMAS R. HEXT 64 LAKE DRIVE MT. LAKES, NJ 07046 DR. RAINCHARD M. SCHWAB UNIT 8, THE MIDLAND CONDOMINIUMS 42 TWO BRIDGES ROAD TOWACO, NJ 07082 LESTER B. COX UNIT 11, THE MIDLAND CONDOMINIUMS 1315 SOUTH PICKWICK SPRINGFIELD, MO 65804 GEORGE F. BENKENDORF UNIT 9, THE MIDLAND CONDOMINIUMS 6190 SOUTH KILIMANJARO EVERGREEN, CO 80439 TRAVIS J. HARRISON UNIT 5, THE MIDLAND CONDOMINIUMS JOAN G. HARRISON C/O MERCY HOSPITAL P.O. BOX 19024 EVELYN YERKES UNIT 2, THE MIDLAND CONDOMINIUMS P.O. BOX 11275 ASPEN, CO 81612 Christina M. Davis Vice President PITKIN COUNTY TITLE, Inc. Z6 Vincent J. Higens President JANICE LEE SPENCER (NOW MRS. OLIVER PARLETE) 349 S. MEADOWS AVENEU MANHATTAN BEACH, CA 90266 FLEET WHITE NYLA WHITE 193 THE MASTERS CIRCLE COSTA MESA, CA 92627 R.C. BANKS P.O. BOX 242 MIDLAND, TX 79701 RICHARD S. DIRKES TRUSTEE UNDER WILL 120 COUNTRY CLUB DRIVE PORT WASHINGTON, NY 11050 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX LOTS N & 0, BLOCK 113, CITY AND TOWNSITE OF ASPEN LOTS P & 9, BLOCK 113, CITY AND TOWNSITE OF ASPEN Christina M. Davis Vice President UNIT 8, LE CLAIRVAUX TOWNHOUSE CONDO UNIT 9, LE CLAIRVAUX TOWNHOUSE CONDO ELIOT BLISS UNIT 3, LE CLAIRVAUX TOWNHOUSE CONDO ANN BLISS TRUSTEES OF THE BLISS LIVING TRUST DATED MARCH 8, 1983 19130 SYLVAN STREET RESEDA, CA 91335 SENATOR MARY R. GRIZZLE 120 GULF BOULEVARD BELLEAIR SHORE, FL 34635 TIBOR F. NAGEY PATRICIA G. NAGEY ROUTE 1, BOX 331 EAHTON, MD 21601 HENRY GEORGE BRENNAN HERRON DOYLE PARTNERSHIP A COLORADO GENERAL PARTNERSHIP P.O. BOX GG ASPEN, CO 81612 MICHAEL A. STEDHAM 1601 ASHTON ROAD ASHTON, MD 20861 STEPHEN P. WRIGHT # 2, 803 EAST DURANT ASPEN, CO 81611 UNIT 6, LE CLAIRVAUX TOWNHOUSE CONDO UNIT 10, LE CLAIRVAUX TOWNHOUSE CONDO UNIT 1, LE CLAIRVAUX TOWNHOSUE CONDO UNIT 5, LE CLAIRVAUX TOWNHOUSE CONDO UNIT 2, LE CLAIRVAUX TOWNHOUSE CONDO PITKIN COUNTY TITLE, Inc. Z-) Vincent J. Higens President ROBERT C. SAUNDERS SALLY B. SAUNDERS P.O. BOX 25821 700 SOUTH WEDTERN OKLAHOMA CITY, OK 73125 JANE F. WRIGHT APARTMENT 4 803 EAST DURANT ASPEN, CO 81611 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX LE CLAIRVAUX CONDOMINIUM ASSOC C/O STIRLING HOMES 600 EAST MAIN ASPEN, CO 81611 KURT KREUGER 1221 LA COLLINS DRIVE BEVERLY HILLS, CA 90210 PATRICIA GLOUNER EVELYN DAYCOCK 211 WYCHWOOD ROAD WESTFIELD, NJ 07090 JANET T. BOHLEN 1/2 ADA J. LAMONT 1/2 4710 9UEBEC ST. N.W. WASHINGTON, D.C. 20016 MICHAEL NASATIR RICHARD HIRSCH 2115 MAIN STREET SANTA MONICA, CA 90405 ROBERT B. LEHRMAN SUITE 400 4801 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20016 MARTHA PYEATT MENEFEE 19822 HOOSHOOT00 ROAD BATON ROUGE, LA 70817 PAUL W. HUSTED 1/2 JAMES F. MC INTYRE CAROL ANN MC INTYRE 1/2 3060 JOYCE WAY GOLDEN, CO 80401 Christina M. Davis Vice President UNIT 7, LE CLAIRVAUX TOWNHOUSE CONDO UNIT 4, LE CLAIRVAUX TOWNHOUSE CONDO COMMON AREA UNIT 1, ASPEN TOWNHOUSES EAST CONDO UNIT 2, ASPEN TOWNHOUSES EAST CONDO UNIT 3, ASPEN TOWNHOUSES EAST CONDO UNIT 4, ASPEN TOWNHOUSES EAST CONDO UNIT 5, ASPEN TOWNHOUSES EAST CONDO UNIT 6, ASPEN TOWNHOUSES EAST CONDO UNIT 7, ASPEN TOWNHOUSES EAST CONDO PITKIN COUNTY TITLE, Inc. Z� Vincent J. Higens President DON WEAST 3485 COURTYARD CIRCLE DALLAS, TX 75234 CHARLTON H. CHATFIELD CORRIGAN LANE GREENWICH, CT 06830 WILLIAM C. RANDALL D.D.S. 4668 NINE OAKS CR. BLOOMINGTON, MN 55437 MRS. ELIZABETH A. MC GINLEY 5819 BRIGHT STAR DRIVE TUCSON, AZ 85718 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX ASPEN TOWNHOUSES EAST CONDO ASSOC (NO ADDRESS AVAILABLE) FRANK J. MC GUIRE NANCY J. MC GUIRE 1827 SENECA STREET BUFFALO, NY 14210 H. ARTHUR LITTEL TRUSTEE OF GOLDMAN TRUSTS SUITE 300 E 1140 NORTHWEST 63RD. STREET OKLAHOMA CITY, OK 73116 B & C HOLDING COMPANY LIMITED A TURKS AND CAICON CORPORATION C/O BERT OLIVER, ESQUIRE SHUTTS & BROWN ATTORNEYS MIDDLE FLOOR UNIT 527 WEST END STREET ASPEN, CO 81611 RODRIGUEZ BLASS C/O JAKE CASTRO P.O. BOX 013390 MIAMI, FL 33101 WINTERHAVEN CONDO ASSOC (NO ADDRESS AVAILABLE) PAUL L. DEUTZ, JR. AS TRUSTEE OF RAINBOW TRUST P.O. BOX 2817 5221 EL MIRLO RANCHO SANTA FE, CA 92067 Christina M. Davis Vice President UNIT 8, ASPEN TOWNHOUSES EAST CONDO UNIT 9, ASPEN TOWNHOUSES EAST CONDO UNIT 10, ASPEN TOWNHOUSES EAST CONDO UNIT 11, ASPEN TOWNHOUSES EAST CONDO COMMON AREA UNIT 3, WINTERHAVEN CONDOMINIUMS UNIT 1, WINTERHAVEN CONDOMINIUMS UNIT 2, WINTERHAVEN CONDOMINIUMS UNIT 2, WINTERHAVEN CONDOMINIUMS COMMON AREA UNITS A, C & D, ARROWHEAD CONDOS PITKIN COUNTY TITLE, Inc. Vincent J. Higens President SEGUNDO, INC. A LIBERIAN CORPORATION C/O ALBERT KERN, ESQ. 430 EAST HYMAN AVENUE ASPEN, CO 81611 ARROWHEAD CONDOMINIUM ASSOC (NO ADDRESS AVAILABLE) MARTIN SCHLUMBERGER 2516 WOODY CREEK ROAD WOODY CREEK, CO 81656 Title Insurance Company 601 E. Hopkins, Aspen, Colorado 81611 (303) 925-1766 • (303) 925-6527 FAX THE HOTEL JEROME LIMITED PTRSP 285 RIVERSIDE AVENUE WESTPORT, CT 06880 RICHARD SKIPSEY DE SKIPSEY, MARINA RIBBING #201, 924 WATERS AVENUE ASPEN, CO 81611 NICHOLAS A. HEINEMAN CIDER MILL ROAD STANFORD, CT 06903 WILLIAM BROEDER BARBARA BOREDER P.O. BOX 381982 MIAMI, FL 33238 WILLIAM A. WISE MARIE F. WISE C/O EL PASO NATURAL GAS 304 TEXAS AVENUE EL PASO, TEXAS 79901 HOOLIGAN PROPERTIES SUITE 5 3250 STIRLING RAOD HOLLYWOOD, FL 33021 WALTER E. WELLS 20779 DECATUR STREET CASSOPOLIS, MI 49031 CHATEAU SNOW CONDOMINIUM ASSOC C/O COATES, REID & WALDRON 720 EAST HYMAN ASPEN, CO 81611 UNIT B, ARROWHEAD CONDOS COMMON AREA LOTS K & L, BLOCK 119, CITY AND TOWNSITE OF ASPEN Christina M. Davis Vice President LOTS M, N & 0, BLOCK 119, CITY AND TOWNSITE OF ASPEN UNIT 201, CHATEAU SNOW CONDOS UNIT 102, CHATEAU SNOW CONDOS UNIT 203, CHATEAU SNOW CONDOS UNIT 202, CHATEAU SNOW CONDOS UNITS 301 & 302, CHATEAU SNOW CONDOS UNIT 101, CHATEAU SNOW CONDOS COMMON AREA PITKIN COUNTY TITLE, Inc. Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX NATHAN LANDOW UNIT 4, LANDOW TOWNHOUSES CONDOS 4710 BETHESDA AVENUE BETHESDA, MD 20014 LANDOW ASSOCIATES UNIT 8, LANDOW TOWNHOUSES CONDOS A MICHIGAN CO -PARTNERSHIP SUITE 2204 755 WEST BIG BEAVER ROAD TROY, MI 48084 SHANNON O'CONNELL-PERSAUD UNIT C, LANDOW TOWNHOUSES CONDOS MICHAEL B. PERSAUD 50% BARBARA ANNE HUCULAK 50% 618 BADGEROW BUILDING SIOUX CITY, IA 51101 HAAN R E TRUST UNIT D, LANDOW TOWNHOUSES CONDOS C/O TELIC CORPORATION 6100 EXECUTIVE BLVD. ROCKVILLE, MD 20852 LANDOW CONDOMINIUM ASSOCIATION C/O NATHAN LANDOW 4710 BETHESDA AVENUE BETHESDA, MD 20014 CITY OF ASPEN 130 S. GALENA ASPEN, CO 81611 KENT W. SHODEEN 13 SOUTH 7TH. STREET GENEVA, IL 60134 UTE CHALET INC. P.O. BOX 1284 ASPEN, CO 81612 H. A. BORNEFELD GEORGE P. MITCHELL 5327 CEDAR CREEK DRIVE HOUSTON, TX 77056 WILLIAM WESLEY HEWITT P.O. BOX 15155 ASPEN, CO 81612 COMMON AREA GLORY HOLE PARK LOTS 15B, 16 & 17, UTE ADDITION LOT 11, UTE ADDITION METES & BOUNDS LOT 5, UTE ADDITION Christina M. Davis Vice President PITKIN COUNTY TITLE, hoc. t)I Title Insurance Company Vincent J. Higens 601 E. Hopkins, Aspen, Colorado 81611 President (303) 925-1766 • (303) 925-6527 FAX CHASPEN ASSOCIATES LOT 3, UTE ADDITION A PARTNERSHIP C/O M. CHASE STE 304, 450 NEWPORT CENTER DR NEWPORT BEACH, CA 92660 POWDER LANE ASSOCIATES A COLORADO GENERAL PARTNERSHIP C/O RED OAK OF COLORADO, INC. 11255 NORTH TORREY PINES ROAD LA JOLLA, CA 92037 JOHN T. NICKEL P.O. BOX 7941 ASPEN, CO 81612 BERTRAM R. FIRESTONE P.O. BOX 167 WATERFORD, VA 22190 AUTHORIZED SIGNATURE LOT 1, ASPEN CHANCE SUBDIVISION LOT 2, ASPEN CHANCE SUBDIVISION LOT 5, ASPEN CHANCE SUBDIVISION Christina M. Davis Vice President