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coa.lu.co.623 E Hopkins Ave.0021.2015.ASLU
ZJ2� <( t �L C7 0021.2015.A5LU 623-625 E. HOPKIN5 AVE CONDOMINIUMIZATION 2737 182 12 001 S =EA No. ET2-1500 SFI OFTHE Sfi ROMM LL�j7 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER: PARCEL ID NUMBERS: PROJECT ADDRESS: PLANNER: CASE DESCRIPTION: REPRESENTATIVE: DATE OF FINAL ACTION: CLOSED BY: ON: 0021.2015.ASLU 2737-182-12-001 623-625 E HOPKINS AVE. BECKY LEVY CONDOMINIUMIZATION HERB KLEIN, ESQ ASPEN BLOCK 99, LLC 03/19/2015 ROBERT GREGOR 06/02/2015 • WZI • Zo (S • P-sc LA Permits File Edit Record Navigate Form Reports Format Tab Help 'x ' ') -] J (i ri J } ? • t Jump 1 6 Main Custom Fields Routing Status Fee Summary Actions Routing History o Permit type Perm 0021.2015ASLU Address �23 C25 E H UPKIIIS A!r'E Apt1Su. LOTS IF8 G °o City ASFEII S CO - 81611 is o x Permit Information o Master permit �� Routing queue laslula Applied Q3'19'201 0 ZProject —� Status tending Approved 0 Issued Description r.FFLI CTI�UII FUR E HUFkaIIS C�UIICCIviIrllUlvil'�Tl�Uil ILJ dosed/Final Submitted HERE KLIEII godr EnR Days Expires 03'13�2Q1r Submitted via Ovaner Last name ASPEN BLOCK 99, LLC First name 'SUSIE'S' 535 E HOPKINS AVE ASPEN CO 81611 Phone ! - Address Applicant 0 Owner is applicant? Last name SPEN BLOCK 99, LLC Phone (j Cust # Email Lender 0 Contractor is applicant? First name 'SUSIE'S' 535 E HOPKINS AVE ASPEN CO 81611 29741 Address Enter$e permits pe code AspenGold" (server: angelas - 1011 �q 2�- . 00 THE CITY OF ASPEN Land Use Application r` Determination of Completeness Date: March 18, 2015 Dear City of Aspen Land Use Review Applicant, We have received your land use application for a 623/625 E. Hopkins Ave -Condominiumization and reviewed it for completeness. ❑ Your Land Use Application is incomplete: Please submit the following missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. �l Your Land Use Application is complete: / If there are not missing items listed above, then your application has been deemed complete. Please submit the following to begin the land use review process. • Digital copy of the application (PDF). • 2nd hard copy of the application. Please note that we do not review draft condominium declarations so tab 6 should be deleted from the submittal. Other submission items may be requested throughout the review process as deemed necessary by the Community Development Department. Please contact me at 429-2759 if you have any questions. Tha You, fifer Ph la , Deputy Planning Director City of Aspen, Community Development Department For Office Use Only: Mineral Rights Notice Required Yes No—x�-- GMQS Allotments Yes No - Qualifying Applications: New PD Subdivision, or PD (creating more than 1 additional lot) Residential Affordable Housing _ Commercial E.P.F. Lodging 10 0 K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk@kceclaw.com LANCE R. COTI`, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON" kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com .also admitted in Hawaii "also admitted in California ."'also admitted in New York and Massachusetts March 19, 2015 VIA HAND DELIVERY Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, Colorado 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kceclaw.com 3ECEIVEO U!- ASPEN 1011TV -rx, � i Re: Application for Condominiumization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado; Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Parcel ID: 2737-182-12-001. Dear Jennifer, This Letter and the accompanying documents are the second submissions required for the Land Use Application per your request on the Determination of Completeness of the above described Property, Owned by Aspen Block 99 LLC, a Colorado Liability Company. Attached herewith is a 2"d hard copy of the Application that was submitted on March 13, 2015. A digital copy of the application was sent to you via email on March 19, 2015. Please let us know if you have any questions or if we can be of further assistance. Very truly yours, KLEIZ;EDWARDS CITRON LLC By: et A. H L gA Assistant Received Via Hand Delivery 00Z1 • 2O(574 ` t Aspen Block 99 LLC Application for Condominiumization of Property 623-625 E. Hopkins Avenue Lots E and F, Block 99 CEO'� Aspen, Colorado 81611 Mk�> Parcel ID: 2737-182-12-001 i Y 0 - A61'EN March 13, 2015 INDEX Document Tab No. Completed Land Use Application and signed fee agreement along with a check for $925.00 for the planning office and engineering department processing fees ....................1. Pre -application Conference Summary......................................................................................2. Letter from Owner authorizing the Undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative...............................................................................................................................3. Title Certification Letter from the undersigned......................................................................4. DraftCondominium Plat............................................................................................................5. HOACompliance form...............................................................................................................6. An 81/i 'by 11" vicinity map locating the parcel within the City of Aspen .........................7. 00V - 201�• L� Agreement to Pay Application Fees An a regiment between the QIEY or As en -Qi ana PropertyAspen Block 99 LLC Phone No.:970.920.4988 Owner ('1'): Email:greg@alpaspen.com Address of Hopkins Ave. Billing 532 E. Hopkins Avenue Property: Address: Aspen, Co. 81611 (subject of (send bills here) application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees Is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying ail fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $, 0 ® flat fee for Select Dept 0 0 O flat fee for _ Select Dept 5. $ 0 ® _Rat fee for $ flat fee for Select Dept O 0 0 Select Review O _ For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. i understand and agree that It is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless Invoices are paid In full. The City and I understand and agree that Invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. i have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650.00 deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $326 per hour. $275.00 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $266 per hour. City of Aspen: Chris Bendon Community Development Director Property Owner: L_ Spe?p BJPCK 9U-L-LU Name: /� B Ureg�Hiil`s, Manager city Use: Title: Fees Duo: $0 Received: $ P^H ET AM FOR CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 2/25/15 PROJECT: 623-625 E. Hopkins (formerly Suzie's) REPRESENTATIVE: Herb Klein TYPE OF APPLICATION: Condominiumization DESCRIPTION: The owner would like to condomiumize the almost complete development which contains 3 buildings with a mix of residential and commercial uses. Below is a link to the land use application form for your convenience. Land Use Application: http://www.aspenpitk in. com/Portals/Oldocs/City/Comdev/Apps%o2Oand%20Fees/2013%201and%20use%20a pp%20form.pdf Land Use Code: http://www.aspeni)itkin.com/Departments/Community-Development/Pianning-and-ZoningfTitle-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050 A. Condominiumization Review by: - Staff for complete application - Community Development Director for Condominiumization Public Hearing: No hearing required Planning Fees: $650.00 Deposit for 2 hours of staff time (additional staff time required is billed at $325 per hour) Referral Fees: $275.00 Engineering (1 hour deposit — additional hours billed at $275 per hour) Total Deposit: $925.00 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ASLU Condominiumization 623-625 E. Hopkins Ave. 1 E ❑ Draft Plat. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. O A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right 4 • • do 2 - ?� t s • �S� ATTACHMENT 2 —LAND USE APPLICATION l PROJECT: Name: Amen Block 99 Condominiums Location: 623-625 East Hopkins Ave. Lots F and G, Block 99 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2737-182-12-001 APPIACANT.- Name: Aspen Block 99, LLC Address: 532 East Hopkins Ave;, Aspen, CO. 81611 Phone#: 97,0-920-4988 ? ' REPREsENTATivE: Name: Herb K1ein,Esg. Address: 101 South Mill Street, Suite 200 Aspen, CO. ;81611 Phone#: 970-925-8700 x 1rr, yr isr-milt Axivzw kpiease check ah mat apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Oreenline, Stream ® Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Biui% condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: Conditional Use EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Three buildings - two commercial and one mixed use. Received HPC Approvals-RESO.23 Series of 2012. PROPOSAL.: (description of proposed buildings, uses, modifications, etc.) CondominiuTnization of the Property iiarcyvu a►aaa:ucu auo avuuwiugt 14`iS1)UE: $ y6S . UU Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-1) Model for large project All plans that are larger tban &5" X 11" must be folded. A disk with an electric copy of all written text (iMcrosoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. 171 • Aspen Block 99 LLC 532 E. Hopkins Ave., Aspen, CO 81611 (970)920-4988 March 10, 2015 Jennifer Phelan, Deputy director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Application for Condominiutnization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado; Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Dear Jennifer, This letter will confirm that Herb Klein and the other attorneys at Klein Cote and Edwards, LLC are authorized to represent Aspen Block 99 LLC, the owner of the above described Property with respect to the condominiumization of the Property and all land use matters related thereto. Mr. Klein's address and contact information is: 101 S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email: hsk r kceclaw.com If you have any questions, please feel free to contact me at the address above. Aspen Block 99 LLC By its Manager, AUSTIN LAWRENCE PARTNERS, LLC, a Colorado limited liability company By: Narfie:� ro P.�s Title: l snag LI E K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk®kcectaw.com LANCE R. COTt, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@)kceclaw.com KENNETH E. CITRON"' kcitron®kceclaw.com MADHU B. KRISHNAMURTI mbk®kceclaw.com 'also admitted in Hawaii ::also admitted in California "'also admitted In New York and Massachusetts March 12, 2015 Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. GaIena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970)925.8700 www.kcectaw.com Re: Title Certification - Proof of Ownership for Application for Condominiumization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado; Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Dear Jennifer, The undersigned attorney hereby certifies that title to the above described Property is held by Aspen Block 99 LLC, a Colorado Limited Liability Company. The above described property is subject to the lien of a deed of trust in favor of Alpine Bank and a deed of trust in favor of Adagio Properties LLC. All easements affecting the condominium units are shown on the draft condominium plat map and draft condominium declaration that are submitted with this application. Very truly yours, KLEIN, COT$ & EDWARDS, LLC 77 By: a/{• Herbert S. Klein �J 0 Draft Condominium Plat (full size plat separately provided) SHEET INDEX SNEETI TRLE. CERT ATESG E%STING SRE CONOTONS 5HEET2 SASEMENTLEVELPLAN SNEEf3 LEVEL ONE FLOOR PLAN SXEET4 RESIDE—T UMT LEVEL 2— LEVEL 3 FLOOR PLANS SHEET5 CABIN AND BARN BUILDINGSECT— SHE£TB MI. -USE BUILDING SECTgNS UNIT AREAS MMD USE BUILDING REYIOENT4LLR,R OFFICE YPACE NO. I 2R30 .FT FF,CE YPACE NO.3 283 YD.Ff 1� ABPICOMMERICALUMf BAR AL UN % P�jF, �, rr Uoe r( / / D / _ I I I / EgSTNoS qV FINE P / Q LEGEND = ---l/ / uRYn mRAN emr r O tn.N,Nrr aL+-Grt —'— GRAPHIC SCALE ASPEN BLOCK 99 . ref* ♦ CONDOMINIUMS _.• r, 1 Gw'3 PURPOSE OF THIS CONDOMINIUM IS TO CON DOMINIUMIZE ALL OF LOT F AND LOT G, BLOCK 99 INTO 5 CONDOMINIUM UNITS ~ ` CITY AND TOWNSITE OF ASPEN, co'N ! T �1� ✓ OZa SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. �', COUNTY OF PITKIN, STATE OF COLORADO OWNERS CERTIFICATE cal Yea w win v�a.�.vn�cao�oraran�s.o e�iL ni.ore,n � m" a.ve ...vaWr n JOINDER CERTIFICATE �� nx: wTNR xmmwN R.2 a cnn,00 i . CT' OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL .16svn� Yee= u.� n x m,s VICINITY MAP PLAT NOTES: z z z0. ga Z -Z. W NZY• ,a sun .s Avwm w, v to m.m, ac® n� • m, .s ' Y n I Nm=. 810i .,no® aro.w ..:a, u 7 n w b NY,R :m I.sn.T 11 PR.. �» 0 - u i U O SURVEYOR'S CERTIFICATE �xm"ile[,o,c de V S i Ica.' wlus,o..m.r,w, x rwrt II.s . uw wv n anw xt m i � ua YSNi ,.n Y 0 392 80 Zm0 u f O U z 4W Ww ga PRELI�AINARY _ N< Or L OB,m�mnM //.1 CLERK AND RECORDER'S CERTIFICATE =• mwN — _ faL N ru, 0 wDwCT ND 215110] °®t i° 11 1 0F6 � B — — SLAB ON GRADE ABOVE MECHANICAL ----} UIlIE AR EASEWENT Tat ALL s D 0 FOR ACCESS— - --- TD BtlS SNOW MELT SYIINE ANDVn CE CDMMd1 UntIlIES tCCA TEO MnM TIE CAAIILSPACE AC IN RoTH R T " USE AIEA ACCESS IS INTHEn1E B FLODR LOBBY AREA AND WRA4E a Whin use Bw.olNc TO THs Access NATC11 0< 111E CRAWLSPACE ASPEN BLOCK 99 CONDOMINIUMS CRAWLSPACE (GCE) �— csY 0 8.52- 1 ,447 S.F. CRAWLSPACE (GCE) EIrtERIDP Fq An WALL (GCE) 1 AND ' OE%10E UNI15 1 AM 2'_- LEGEND cMURRu cars —T (WE) uA1Fn cwua, ¢EWENT (-) NOTE: BiIEDNG MOR PI.wS A,A uFA9�xFWF li 9pr IEAEW Nrt BAYA M .RaWIEC1L11A1 BANS ANp NOT RRr AS-RLLT rtElffOF YFApMIfli15. .(22.�F'— _ -j WINDOW -j}--Pl WELL u CABIN COMMERICAL UNIT 1,092 S.F. � at.er C) CABIN COMMERICAL UNIT L MIXED USE BUILDING BASEMENT LEVEL SCALE. 111= 4' U XIERIOR FOUNDATION WALL Z 'LCE-CABIN COMMERCIAL UNIT' rc K,o� Z Eu9 0:z7 i w a "r u > ;_ D = Mo O$ mp fOo s. O 7 2°u ITSo? zw $az 4 m1 Ode ug< PCGi UNARY 21D/m0] G2G<i5 ��\I'�` 20F6 i ASPEN BLOCK 99 m3h CONDOMINIUMS GNAT£ PAPNNG SPA) 6 PEnFm TD NE FpR 1K USE OF T>>NE OF bWE1ry5), ffMPNNE" OP PAIRONG Of 11E COWEOFD, CiME ANY 01NFP SN.4L 9E A NpAIpN OR uNDS. UY LAw usE .waovAis. TO TK aTr P_ A A fJSn-N-1EY PAY�EAIT A RON1K TE PAbwG PEq.R4YENi ° a mow nc s+c � iu 21.53' 21.54'-�---� � 4 ' ' GARAGE OFFICE UNIT NO.2 2825.F. g n 465 S.f. 'LCE-OFFICE UNIT w0, 2' ^. _ ° 784' - I ---_ - 4� 5.00' 10.24' ° $ E,IEIiIOR FCCkIWE ON WALL 3.55' j 'LCE-cARN CpIMERDAL WIT rn - UNIT Z O "- 15 90' 5 40, _ _ LOBBY 178S.F. 5 CE-RE90ENPAL AND OfiTCE UNT W z- EASENENA.ESSwE°�iw 10 ms AREA s 73' CABIN COMMERICAL UNIT .g II Y---8.08 12.06' 3,57` ELEVATOR aESnEATnu. UNIT 34 SF ^ �. 1 610 S.F. -CA C°wtlERCIAL UNT' W 5.96' ACCESSEASEMENTSATIO W iw•p� u I.) AN ACCESS EASEWENT FOR FIRE ALARM SYSIIJI NEAD�ND FOR ALL TNVEE @AL'INGS -... I '�-'� 1 .gS• P�.� 1 p 8 DGATED III M WADE AND FOR 1 E ELECTRIC AND GAS METERS THAT ARE LOCATED IN THE MI%m USE BULdNC ACCESS IS THRq RE MST J 2 0.52' u LOE®Y AREA AND WAGE DF W1ED USE Bul➢NG + 2475— OO z) AN EASFLEVT FOR ALL 5 UNITS FOR ACCESS CRAWSPACE ACCESS -GCE n —ELEVATOR 37 _ _ ____ _______ ____ _ V TO TOILER, SNOW MELT SYSTEM AND 01HER CDMMW UTTUTIEs LOCATED w+Tlw THE DNAwLsaACE A 27S.F. MECHANICAL ,^ L9 ROAER a THE USE eAlkA . ACCESS Is (ACCESS FaSEMEM) 195.F. = "N°" LE"'S' TDTHEAICESA'N°WRAGE THE " TH W%FD USE BUIDNG ro THE ACCESS MAtDI aF =„T CABIN COMMERICAL UNIT THE CRAYASPACE. • - - - � OFFICE UNIT NO. 1 826 S.F. 32 40' - - 13 °4' - EYTExOR wAu BARN COMMERICAL UNIT MM ERw L.,r / E ` `ALL El1FA11A 463 S.F. n 6 S S LNIT 'LCE-NE ANT � ......... p uO L)NITSAI ' OFTICE uu is I AID z' � R' p �o Zuu ,,,, LEGEND _MIXED U_S_ E_BU_ILDIN_G Ww $Fk., CE K COWAM ELOENL (LICE) • pp�t rFLLIIMI\M111 N a (- 6 __ _ _ O 61 IANi➢ C— EiEw:T (L.) "°'E' LEVEL ONE AL CAM SNOT ---'° BARN COMMERICAL UNIT " = • - - - - SCALE: 1 4' wA�.e'.: ®��� 30F6 LE_VELTWO 1.818S.F. • LEGEND 40i — 1—T (GQl IMNE➢ LOxYON pF11FN1 (ILEI NOTE: a�urw nm+ rurs +w �e,�suwo'rz saxx lorta .x[ a.vgn a NeW1ECMIt NNS Nq xOf rtNY �S-BIIT N1EPgrt �En9AOpIS ASPEN BLOCK 99-0 CONDOMINIUMS uMf uo x11ia W5 t uq Y � LEVE_LTHREE ~ 1.078 S.F. RESIDENTIAL UNIT SCALE: 1" = 5' ROOF �-ammr. wr -7.-�saz' RDOFDECK 9' 1865.F. l' Tatimaaa rxr Ir 7.21 9 ale' ROOF $ 'ia-xa+oma uxr crM wf-¢-a[YErw_ wr —DECKS & WALKWAY 176 S.F, • ROOF LEVEL • U $ Z_ Z " W 'o o W �oa O li Fri` _ U 4N' 0— 8 U ni L ID 1!8 mo ag �u fo°u zw $�_ yn� q4 W VQ OF Q ug< z1.1am PREL.MANARY 020615 ASPEN BLOCK 99 T CONDOMINIUMS ITu ALL EXTERIOR�� WALLS AND ROOF \ ' "LCE-CABIN LL EXTERIOR COMMERICAL UNIT" WALLS AND ROOF j LCE-aaRN BARN COMMERICAL UNIT CABIN COMMERICAL UNIT BARN coMMERICAL UNIT" COMMERICAL p UNIT CABIN e ELEVATION: 7919 aARN_ J - ELEVATION: 7919. 0+ $ - S w BARN COMMERICAL u 3 CABIN COMMERICAL UNIT s • UNIT BARN COMMERICAL UNIT E) ? 0 11 � Z L CABIN BASEMENT_ W -peg ELEVATION 79Z 07.5 G°u9 r;�7 0 Z :fie w CABIN COMMERCIAL UNIT �� Y yft g ALL EXTERIOR WALLS AND ROOF 2 'LCE-CABIN _ COMMERICAL UNIT CABIN COMMERICAL UNIT a IMP CABIN & BARN CABIN ELEVAl10N: 7919.5 $ a m O COMMERICAL UNITS 0 7 0 BUILDING SECTIONS 00 2�0 CABIN COMMERICAL UNIT m s SCALE: 1"= 4' a 007. w wv. Q00 a r UOC _ CABIN BASEMENT ELEVATION: 7907.5 NOTE: CABIN COMMERCIAL UNIT p>f PFEL~ I= s 02-0Li6 ASPEN BLOCK 99 CONDOMINIUMS TOP OF WALL _ -aEnoENnu iNir STAR TO s00' ELEVATION: 7955.5 �°DF �E-NEsxENnti eNir ROOF_ A ELEVATION: 7952.0 0 WALKWAY WAU(WAT •LCE-aESDENnu uwr La-NEsroENnu uurr RESIDENTIAL UNIT .i RESIDENTIAL UNRf A a aoof •LCE-wEspEHnAL uwr-I ROOF DECK / 'SCE RESDEMAAL UNIT• ti '< RESIDENTIAL UNIT _ m DECK >s= '� _ tcE-arsoEunu UNir LEVEL THREE 0 tcE-aE-goDinAr oral• -Lce-acsmi urn• ELEVATION: 7941.5 •icc-REvocNnu urar -� Au Exmaon wALEs o< LaIEn usE annxlc - l RESIDENTIAL UNIT l U Al gg 'LCE-RESIDEIN p OFFICE UNR 1 AM 2• -Y "o RESIDENTIAL UNIT I, - -� -La-wEsoD�nAL uwr � _ ANO OFFICE wP E NO 2' '.' LEVEL TWO e -LCE-NESIDEWRAI WT AM OFn uNns I AM Y ELEVATION: 7931.0 0.40' LOBBY 0.56' OFFICE UNIT NO. 1 N •LCE-FE9DENTIA ANo aFFCE uWT No. UNIT Y � OFFICE UNR N0.2 N EASELEHT ffR UtAWISPACE ACQSS GOES nNfAGf nay AREA i. CRAWLSPACE-GCE CRAWLSPACE-GCE SECTION LEGEND Omamx nuwxr NOTE � LEVEL ONE ELEVATION: 7920.5 OFFICE UNIT NO.2 .-_ �c9n<�:na ai. A.;..+-•ca :nrts, A CRAWLSPACE-GCE MIXED USE BUILDING SECTIONS SCALE: V = 41 -•ILE-xESDENu WT AM pRiCE Ua15 I AND 2• 0.56 GARAGE '--OFFICE UNIT NO, 2' GARAGE VATION: 7921.92 e SECTION U Z t9 z_ C WII++2; Z Gusy z WOo W z y Ym$ I `om z ;za 0-ui U a I C7 aa0 o fUDa °0 z0 ttsh fez QaW 0 < � O1M I6 U < 216f O01 G0F6 • 0 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner ("I" ): email: en Block 99 LLC greg@alpaspen.com Address of Property: 628-625 East Hopkins Ave. (subject of Aspen, CO 81611 application) I certify as follows: (pick one) Phone No.: 970-920-4988 ❑y This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: date: or, / Attorney signature: date: Attorney printed name: Herbert S. Klein, Esq. VICINITY MAP SCALE: 1" = 1,000' • Aspen Block 99 LLC Application for Condominiumization of Property 623-625 E. Hopkins Avenue Lots E and F, Block 99 Aspen, Colorado 81611 Parcel ID: 2737-182-12-001 March 13, 2015 INDEX Document MAR 1 3 2015 Tab No. Completed Land Use Application and signed fee agreement along with a check for $925.00 for the planning office and engineering department processing fees ....................I . Pre -application Conference Summary......................................................................................2. Letter from Owner authorizing the Undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative...............................................................................................................................3. Title Certification Letter from the undersigned......................................................................4. Draft Condominium Plat (full size plat separately provided)..............................................5. Draft Condominium Declarations............................................................................................6. HOACompliance form...............................................................................................................7. An 81/z"by 11" vicinity map locating the parcel within the City of Aspen .........................8. • Ll ATTACHMENT 2 —LAND USE APPLICATION PROJECT: Name: aspen Block 99 Condominiums Location: 623-625 East Hopkins Ave. Lots F and G, Block 99 (Indicate street address, lot & block number, legal description where appropriate) Parcel ID # (REQUIRED) 2 7 3 7 -18 2 -12 - 0 01 APPLICANT• Name: Aspen Block 99, LLC tea+' "1itl s ` Address: 532 East Hopkins Ave., Aspen, CO. 81611 MAR 1 3 2019 Phone#: 970-920-4988 REPRESENTATIVE: Name: Herb K1ein,Esg. Address: 101 South Mill Street, Suite 200 Aspen, CO. '81611 Phone#: 970-925-8700 r xrn yr cirri .LuAiiviv: Wiease cnecK all that apply): ❑ GMQS Exemption ❑ GMQS Allotment ❑ Special Review ❑ ESA — 8040 Greenline, Stream Margin, Hallam Lake Bluff, Mountain View Plane ❑ Commercial Design Review ❑ Residential Design Variance ❑ Conditional Use ❑ Conceptual PUD ❑ Final PUD (& PUD Amendment) ❑ Subdivision ❑ Subdivision Exemption (includes condominiumization) ❑ Lot Split ❑ Lot Line Adjustment ❑ Temporary Use ❑ Text/Map Amendment ❑ Conceptual SPA ❑ Final SPA (& SPA Amendment) ❑ Small Lodge Conversion/ Expansion ❑ Other: EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) Three buildings - two commercial and one mixed use. Received HPC approvals-RESO.23 Series of 2012. PROPOSAL: (description of proposed buildings, uses, modifications, etc.) Condominiumization of the Property IIQVe FULL 2lumeneu Lue Ionowing FEES DUE: $ 925 . UU Pre -Application Conference Summary Attachment #1, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards ❑ 3-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. Agreement to Pay Application Fees Ana reement between the t;+ or Aspen V+ ana Property Aspen Block 99 LLC Phone No.:970-920-4988 Owner ("I*): Email:greg@alpaspen.com Address of623-625 E. Hopkins Ave. Billing 532 E. Hopkins Avenue Property: Address: Aspen, Co. 81611 (subject of (send bills here) application) -A I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. 0 p Select Dept O 0 ® Select Dept $0 flat fee for flat fee for Select Dept E S_ flat fee for $ 0 ® flat fee for Select Review For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it Is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid In full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650.00 deposit for 2 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $275.00 deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon �' v Spen OC Community Development Director Name: l y Greg Hills, Manager City Use: Title: Fees Due: $0 Received: $ • • CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429-2759 DATE: 2/25/15 PROJECT: 623-625 E. Hopkins (formerly Suzie's) REPRESENTATIVE: Herb Klein TYPE OF APPLICATION: Condominiumization DESCRIPTION: The owner would like to condomiumize the almost complete development which contains 3 buildings with a mix of residential and commercial uses. Below is a link to the land use application form for your convenience. Land Use Application: http//www.aspenpitkin.com/Portals/0/does/City/Comdev/Apps%20and%20Fees/2013%201and%20use%20a PP%o20form.pdf Land Use Code: http://www aspenpitkin com/Departments/Community-Development/PIanning-and-Zoning/Title-26-Land-Use- Code/ Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.050 A. Condominiumization MAR 1 3 2015 Review by: - Staff for complete application up U10 < r��� V C �s EN - Community Development Director for Condominiumization �+;+if i I,�:► . P� TY LC►� Public Hearing: No hearing required Planning Fees: $650.00 Deposit for 2 hours of staff time (additional staff time required is billed at $325 per hour) Referral Fees: $275.00 Engineering (1 hour deposit — additional hours billed at $275 per hour) Total Deposit: $925.00 To apply, submit the following information: ❑ Completed Land Use Application and signed fee agreement. ❑ Pre -application Conference Summary (this document). ❑ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. ❑ Applicant's name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant. ❑ HOA Compliance form (Attached) ASLU Condominiumization 623-625 E. Hopkins Ave. 1 E i1 ❑ Draft Plat. ❑ Written responses to all review criteria. ❑ An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. ❑ 1 Complete Copy. If the copy is deemed complete by staff, the following items will then need to be submitted: ❑ 2 Copies of the complete application packet and, if applicable, associated drawings. ❑ Total deposit for review of the application. ❑ A digital copy of the application provided in pdf file format. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right 2 Aspen Block 99 LLC 532 E. Hopkins Ave., Aspen, CO 81611 (970)920-4988 March 10, 2015 Jennifer Phelan, Deputy director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 Re: Application for Condominiumization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado, Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Dear Jennifer, This letter will confinn that Herb Klein and the other attorneys at Klein Cote and Edwards, LLC are authorized to represent Aspen Block 99 LLC, the owner of the above described Property with respect to the condominiumization of the Property and all land use matters related thereto. Mr. Klein's address and contact information is: 101 S. Mill St. #200 Aspen, Co. 81611 970-925-8700 Email: hsk(dkceclaw.com If you have any questions, please feel free to contact me at the address above. Aspen Block 99 LLC By its Manager, AUSTIN LAWRENCE PARTNERS, LLC, a Colorado limited liability company By: , NameParna7g"' Title: 17-1 • K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN' hsk@kceclaw.com LANCE R. COTE, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON'— kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com :also admitted in Hawaii .also admitted in California "'also admitted in New York and Massachusetts March 12, 2015 Jennifer Phelan, Deputy Director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925.8700 www.kcectaw.com Re: Title Certification - Proof of Ownership for Application for Condominiumization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado; Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Dear Jennifer, The undersigned attorney hereby certifies that title to the above described Property is held by Aspen Block 99 LLC, a Colorado Limited Liability Company. The above described property is subject to the lien of a deed of trust in favor of Alpine Bank and a deed of trust in favor of Adagio Properties LLC. All easements affecting the condominium units are shown on the draft condominium plat map and draft condominium declaration that are submitted with this application. Very truly yours, KLEIN, COTE & EDWARDS, LLC By: Herbert S. Klein Draft Condominium Plat (full size plat separately provided) CONDOMINIUM DECLARATION OF ASPEN BLOCK 99 CONDOMINIUMS a Condominium Common Interest Community ASPEN, COLORADO Declarant: Aspen Block 99, LLC, a Colorado limited liability company 532 E. Hopkins Ave., Aspen, Colorado, 81611 TABLE. OF CONTENTS ARTICLEI....................................................................................................................................................... 1 STATEMENT OF INTENT AND PURPOSE....................................................................................................... 1 1.1 Authority...........................................................................................................................................1 1.2 Declaration; Covenants Running with the Land............................................................................... 1 1.3 Purpose; Development Regime; Maximum Number of Units.......................................................... 1 ARTICLE2 ...................................................................................................................................................... 2 DEFINITIONS................................................................................................................................................. 2 2.1 Allocated Interests............................................................................................................................ 2 2.2 Articles or Articles of Incorporation................................................................................................. 2 2.3 Association........................................................................................................................................2 2.4 Board or Board of Directors............................................................................................................. 2 2.5 Building.............................................................................................................................................2 2.6 Bylaws...............................................................................................................................................3 2.7 Intentionally Omitted....................................................................................................................... 3 2.8 Common Elements........................................................................................................................... 3 2.9 Common Expense or Common Expense Liability............................................................................. 3 2.10 Condominium Laws.......................................................................................................................... 4 2.11 Condominium Map or Map.............................................................................................................. 4 2.12 Condominium Property.................................................................................................................... 5 2.13 Condominium Unit or Unit............................................................................................................... 5 2.14 Declarant.......................................................................................................................................... 5 2.15 Declaration or Condominium Declaration........................................................................................ 5 2.16 Development Rights and Special Declarant Rights........................................................................... 6 2.17 First Mortgage.................................................................................................................................. 6 2.18 First Mortgagee................................................................................................................................ 6 2.19 General Common Elements.............................................................................................................. 6 i • 2.20 Improvements.................................................................................................................................. 6 2.21 Land.................................................................................................................................................. 7 2.22 Limited Common Elements.............................................................................................................. 7 2.23 Intentionally Omitted....................................................................................................................... 8 2.24 Marketing Period.............................................................................................................................. 8 2.25 Mortgage.......................................................................................................................................... 8 2.26 Mortgagee........................................................................................................................................ 8 2.27 Owner...............................................................................................................................................8 2.28 Project.............................................................................................................................................. 8 ARTICLE3...................................................................................................................................................... 8 ESTABLISHMENT OF CONDOMINIUM OWNERSHIP..................................................................................... 8 3.1 Condominium...................................................................................................................................8 3.2 Use of General Common Elements.................................................................................................. 9 ARTICLE4...................................................................................................................................................... 9 INSEPARABILITY OF A CONDOMINIUM UNIT............................................................................................... 9 4.1 Inseparability of a Condominium Unit............................................................................................. 9 ARTICLE5...................................................................................................................................................... 9 CONDOMINIUMMAP................................................................................................................................... 9 5.1 Filing of Map..................................................................................................................................... 9 5.2 Certification of Map........................................................................................................................ 10 ARTICLE6.................................................................................................................................................... 10 DESCRIPTIONOF CONDOMINIUM UNIT..................................................................................................... 10 6.1 Legal Description of Condominium Unit........................................................................................ 10 6.2 Condominium Unit Boundaries...................................................................................................... 11 6.3 Amendments Deemed Included..................................................................................................... 11 6.4 Conveyance of a Condominium Unit.............................................................................................. 11 6.5 Subdivision of Condominium Units................................................................................................ 11 6.6 Relocation of Boundaries Between Adjoining Units...................................................................... 11 ARTICLE7.................................................................................................................................................... 12 TITLEAND OWNERSHIP.............................................................................................................................. 12 7.1 Title.................................................................................................................................................12 7.2 Term of Ownership......................................................................................................................... 12 7.3 Nonpartitionability of Common Elements..................................................................................... 12 7.4 Transfer of Common Elements....................................................................................................... 12 ARTICLE8.................................................................................................................................................... 13 USEAND OCCUPANCY................................................................................................................................ 13 8.1 Use of Common Elements.............................................................................................................. 13 8.2 Use of General Common Elements................................................................................................ 14 8.3 General Use Restrictions................................................................................................................ 14 8.4 No Timesharing............................................................................................................................... 15 8.5 Tenant Improvements — Limitations on Construction Work and Parking ....................................... 16 ARTICLE9.................................................................................................................................................... 16 EASEMENTS................................................................................................................................................ 16 9.1 Encroachments...............................................................................................................................16 9.2 Marketability.................................................................................................................................. 16 9.3 Liability............................................................................................................................................16 9.4 Variations........................................................................................................................................16 9.5 Emergency Services Easement....................................................................................................... 17 9.6 Utilities Services and Maintenance Easements.............................................................................. 17 9.7 Additional Easements and Title Matters........................................................................................ 17 9.8 Right of Access................................................................................................................................ 17 ARTICLE10.................................................................................................................................................. 17 EXTERIOR MAINTENANCE, SPECIAL EASEMENT, OWNER'S RESPONSIBILITY FOR MAINTENACE AND FAILURETO MAINTAIN............................................................................................................................... 17 10.1 Exterior Maintenance..................................................................................................................... 17 10.1.1 Unit Exterior Maintenance......................................................................................................... 18 10.2 Special Easement............................................................................................................................ 18 iii 0 0 10.3 Maintenance Contract.................................................................................................................... 18 10.4 Owner's Responsibility................................................................................................................... 19 10.5 Owner's Failure to Maintain or Repair........................................................................................... 19 ARTICLE11 .................................................................................................................................................. 19 ASSESSMENTSAND TAXATION................................................................................................................... 19 11.1 Separate Assessments and Taxation - Notice to Assessor............................................................. 19 11.2 Assessments and Taxation............................................................................................................. 19 ARTICLE12 .................................................................................................................................................. 20 CONDOMINIUM OWNERS ASSOCIATION................................................................................................... 20 12.1 The Association............................................................................................................................... 20 12.2 Membership................................................................................................................................... 20 12.3 Voting Rights................................................................................................................................... 20 12.4 Transfer...........................................................................................................................................21 12.5 Vote by Proxy.................................................................................................................................. 21 ARTICLE13.................................................................................................................................................. 21 PURPOSES AND POWERS OF ASSOCIATION............................................................................................... 21 13.1 Nonprofit Purpose.......................................................................................................................... 21 13.2 Association Powers......................................................................................................................... 21 13.3 Limitations on Association's Powers During the Marketing Period ............................................... 23 13.4 Association As Attorney-in-Fact..................................................................................................... 23 13.5 Owner Compliance......................................................................................................................... 23 13.6 Maintenance of Common Elements............................................................................................... 24 13.7 Design Review................................................................................................................................. 24 13.7.1 No Change in Property Without Approval.................................................................................. 24 13.7.2 Definitions and Restrictions....................................................................................................... 24 13.7.3 Landscaping................................................................................................................................24 13.7.4 Board of Directors and Approval of Plans.................................................................................. 25 13.8 Other Duties of the Association..................................................................................................... 26 IV ARTICLE14.................................................................................................................................................. 26 MAINTENANCE RESPONSIBILITY FOR UNIT................................................................................................ 26 14.1 Owner's Responsibility................................................................................................................... 26 14.2 Owner's Responsibility for Tenant's Conduct................................................................................ 27 14.3 Owner Remodeling......................................................................................................................... 27 14.4 No Impairment of Structural Soundness........................................................................................ 28 ARTICLE15.................................................................................................................................................. 28 BOARDOF DIRECTORS................................................................................................................................ 28 15.1 Board of Directors.......................................................................................................................... 28 15.2 Managing Agent............................................................................................................................. 28 15.3 Budget............................................................................................................................................ 28 15.4 Marketing Period............................................................................................................................ 29 15.5 Election of the Board during Marketing Period............................................................................. 29 15.6 Election of Board after Marketing Period...................................................................................... 29 15.7 Removal of Board Member............................................................................................................ 30 15.8 Delivery of Association Documents................................................................................................ 30 15.9 Limitation of Liability of Certain Persons....................................................................................... 31 ARTICLE16.................................................................................................................................................. 31 ASSESSMENT FOR COMMON EXPENSES.................................................................................................... 31 16.1 Obligation....................................................................................................................................... 31 16.2 Apportionment...............................................................................................................................31 16.3 Purpose of Assessments................................................................................................................. 31 16.4 Excess Assessments........................................................................................................................ 32 16.5 Interest........................................................................................................................................... 32 16.6 No Waiver or Abandonment.......................................................................................................... 32 16.7 Benefit of Class of Owners............................................................................................................. 32 16.8 Misconduct; Negligence................................................................................................................. 32 ARTICLE17.................................................................................................................................................. 33 v INTENTIONALLYOMITTED.......................................................................................................................... 33 ARTICLE18.................................................................................................................................................. 33 COLLECTIONOF COMMON EXPENSES....................................................................................................... 33 18.1 Assessment Lien............................................................................................................................. 33 18.2 Effect of Nonpayment of Assessments........................................................................................... 33 ARTICLE19.................................................................................................................................................. 34 INSURANCE................................................................................................................................................. 34 19.1 Insurance Required......................................................................................................................... 34 19.2 Cancellation of Insurance............................................................................................................... 34 19.3 Specific Provisions.......................................................................................................................... 35 19.4 Adjustment of Claims..................................................................................................................... 35 19.5 Owner's Responsibility for Insurance............................................................................................. 36 19.6 Certificates of Insurance................................................................................................................. 36 19.7 Damage Repair............................................................................................................................... 36 19.8 Fidelity Insurance........................................................................................................................... 37 19.9 Insurance Premiums are Common Expenses................................................................................. 38 ARTICLE20.................................................................................................................................................. 38 TERMINATION; OBSOLESCENCE................................................................................................................. 38 20.1 Termination Agreement; Obsolescence......................................................................................... 38 20.2 Sale of Project................................................................................................................................. 38 20.3 Proceeds.........................................................................................................................................38 ARTICLE21.................................................................................................................................................. 39 CONDEMNATION........................................................................................................................................ 39 21.1 Total Condemnation....................................................................................................................... 39 21.2 Partial Condemnation..................................................................................................................... 39 21.3 Condemnation of Common Elements............................................................................................ 39 21.4 Recordation of Decree.................................................................................................................... 40 ARTICLE22.................................................................................................................................................. 40 STATEMENTOF ACCOUNT.......................................................................................................................... 40 22.1 Statement of Assessments............................................................................................................. 40 22.2 Grantee and Grantor Both Responsible......................................................................................... 40 ARTICLE23.................................................................................................................................................. 40 TERMINATION OF MECHANICS LIEN RIGHTS AND INDEMNIFICATION...................................................... 40 23.1 Mechanics Liens.............................................................................................................................. 40 23.2 Indemnification.............................................................................................................................. 41 ARTICLE24.................................................................................................................................................. 41 MORTGAGINGA UNIT— PRIORITY............................................................................................................. 41 24.1 Encumbrances................................................................................................................................ 41 ARTICLE25.................................................................................................................................................. 41 PROPERTYFOR COMMON USE................................................................................................................... 41 25.1 Association Property...................................................................................................................... 41 ARTICLE26.................................................................................................................................................. 41 DEVELOPMENT RIGHTS, SPECIAL DECLARANT RIGHTS.............................................................................. 41 AND ADDITIONAL RESERVED RIGHTS......................................................................................................... 41 26.1 Development Rights and Special Declarant Rights......................................................................... 41 26.1.1 Completion of Improvements.................................................................................................... 41 26.1.2 Exercise of Development Rights................................................................................................. 42 26.1.3 Sales Management and Marketing............................................................................................. 42 26.1.4 Construction Facilities................................................................................................................ 42 26.1.5 Construction Easements............................................................................................................. 42 26.1.6 Master Association..................................................................................................................... 42 26.1.7 Intentionally Omitted................................................................................................................. 42 26.1.8 Control of Association and Board of Directors........................................................................... 42 26.1.9 Amendment of Declaration........................................................................................................ 43 26.1.10 Amendment of Map............................................................................................................... 43 26.2 Additional Reserved Rights............................................................................................................. 43 vii 0 • 26.2.1 Dedications.................................................................................................................................43 26.2.2 Use Agreements......................................................................................................................... 43 26.2.3 Other Rights................................................................................................................................ 43 26.3 Temporary Construction Easement................................................................................................ 43 26.4 Rights Transferrable....................................................................................................................... 43 26.5 Unilateral Rights Reserved by Declarant........................................................................................ 43 ARTICLE27 .................................................................................................................................................. 44 OWNER'S ACKNOWLEDGMENTS AND WAIVERS........................................................................................ 44 27.1 Owner's Acknowledgments............................................................................................................ 44 27.2 NO View Easement......................................................................................................................... 46 27.3 Security...........................................................................................................................................46 27.5 Drainage and Soils Condition; Radon Gas...................................................................................... 47 27.6 Mountain Conditions...................................................................................................................... 47 27.7 Sound Transmission Disclaimer...................................................................................................... 47 ARTICLE28 .................................................................................................................................................. 48 REVOCATION OR AMENDMENT OF DECLARATION.................................................................................... 48 28.1 Revocation...................................................................................................................................... 48 28.2 Amendment....................................................................................................................................48 28.3 Challenge to Amendments............................................................................................................. 49 28.4 Recordation.................................................................................................................................... 49 28.5 Unanimous Consent Required for Certain Amendments............................................................... 49 28.6 Association Certification................................................................................................................. 49 28.7 Expenses.........................................................................................................................................49 ARTICLE29 .................................................................................................................................................. 49 MISCELLANEOUS........................................................................................................................................ 49 29.1 Registration by Owner of Mailing Address..................................................................................... 49 29.2 Additional Rights of First Mortgagees............................................................................................ 50 29.3 Severability.....................................................................................................................................50 viii 0 29.4 Applicability of the Act................................................................................................................... 50 29.5 Gender............................................................................................................................................50 29.6 Applicable Law................................................................................................................................ 50 29.7 Binding Agreement......................................................................................................................... 51 29.8 Reference to Ownership Interests.................................................................................................. 51 29.9 Reservations by Declarant.............................................................................................................. 51 29.10 Association as Attorney -in -Fact; Power of Attorney.................................................................. 51 29.11 Enforcement...............................................................................................................................51 29.12 Term of Declaration.................................................................................................................... 52 Ix 0 • CONDOMINIUM DECLARATION OF ASPEN BLOCK 99 CONDOMINIUMS a Condominium Common Interest Community ASPEN, COLORADO Declarant: Aspen Block 99, LLC, a Colorado limited liability company 532 E. Hopkins Ave., Aspen, Colorado, 81611 • C1 CONDOMINIUM DECLARATION OF ASPEN BLOCK 99 CONDOMINIUMS THIS CONDOMINIUM DECLARATION OF ASPEN BLOCK 99 CONDOMINIUMS is made effective on the date hereinafter set forth by Aspen Block 99, LLC, a Colorado Limited Liability Company (the "Declarant"), with an office at 532 E. Hopkins Ave., Aspen, CO 81611. ARTICLE I STATEMENT OF INTENT AND PURPOSE 1.1 Authority. Declarant is the owner of that certain real property located in the City of Aspen, Colorado, more particularly described as LOTS F AND G, BLOCK 99, of the City and Townsite of Aspen, Colorado (the "Land"), together with all improvements constructed thereon. This Condominium Declaration is executed to submit the Land and all improvements constructed thereon to condominium ownership and use in the manner provided in the Colorado Common Interest Ownership Act, Title 38, Article 33.3, Colorado Revised Statutes, 1992, as amended, ("CIOA" or "Act") and in the manner provided in the provisions of the City of Aspen Land Use Code (the "LUC") to the extent relevant to the creation of condominiums (jointly "Condominium Laws"). 1.2 Declaration; Covenants Running with the Land. Declarant hereby declares that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land and shall be binding upon and accrue to the benefit of Declarant, its successors and assigns, and any person or entity acquiring and holding an interest in the Project, as defined below, its grantees, successors, transferees, heirs, personal representatives, or assigns. 1.3 Purpose; Development Regime; Maximum Number of Units Declarant has caused the Association to be incorporated under the laws of the State of Colorado for the purpose of exercising the functions of the Association as herein set forth. Declarant desires to create a condominium common interest community on the Land, the name of which is Aspen Block 99 Condominiums. Declarant executes this Declaration to define the character, duration, rights, duties, obligations and limitations of the condominium regime. The Map shows one "Barn Commercial Unit", one "Cabin Commercial Unit", two "Office Units" and one "Residential Unit." Each Barn Commercial Unit, Cabin Commercial Unit, Office Unit and Residential Unit is a "Unit." The Barn Commercial Unit and the Cabin Commercial Unit are collectively referred to herein as the "Commercial Units." The two Office Units are collectively referred to herein as the "Office Units." The Commercial Units are each located in separate buildings, referred to herein as the "Barn Commercial Unit Building" and the "Cabin Commercial Unit Building," respectively and are referred to herein collectively as the "Commercial Buildings." The Office Units and the Residential Unit are located in a single mixed use building referred to herein as the "Mixed Use Building." The Commercial Buildings and the Mixed use Building are collectively referred to herein as the "Buildings". The maximum 0 • number of Units to be constructed on the Land shall be five (5). In the event that the construction or renovation of the Commercial Buildings or the Mixed Use Building is not complete as of the date of the first recording of the Map, upon completion of the Commercial Buildings and upon completion of construction of the Mixed Use Building, the Map and the Declaration shall be supplemented to show the completed Commercial Building(s) and the Mixed Use Building. Declarant hereby reserves for itself the right to record said supplemental Maps in compliance with the Condominium Laws. ARTICLE 2 DEFINITIONS The following definitions shall apply in this Condominium Declaration and the exhibits attached hereto unless the context shall expressly provide otherwise: 2.1 Allocated Interests means the undivided interest in the Common Elements, the Common Expense Liability and the votes in the Association appurtenant to each Condominium Unit in the ratios and as set forth on Exhibit A attached hereto and incorporated herein by this reference. The Allocated Interests are based on the square footage of each Unit, as constructed based on the method of measurement described on the Map defined below. Exhibit A has two listings of Allocated Interests, to wit: Allocated Interests - All Units and Allocated Interests - Mixed Use Building. The Allocated Interests — All Units represents the Allocated Interests that apply among the all the Units on the Land and will the govern the voting and cost sharing among those Units with respect to matters concerning the general common elements that are not within the Commercial Buildings or the Mixed Use Building. The Allocated Interests — Mixed Use Building represents the Allocated Interests that apply among the Office Units and the Residential Units and they will govern the voting and cost sharing among those Units in the Mixed Use Building with respect to matters concerning solely the Mixed Use Building. 2.2 Articles or Articles of Incorporation means the Articles of Incorporation for the Association filed with the Colorado Secretary of State, as the same may be amended from time to time. 2.3 Association means the Aspen Block 99 Condominiums Owners Association, Inc., a Colorado nonprofit corporation, its successors and assigns, of which all Owners of Condominium Units shall be Members as provided in Article 12 hereof, and which Association shall be charged with the management and maintenance of the Project. 2.4 Board or Board of Directors means the body designated herein to govern the Association. 2.5 Building means any building constructed on the Land. 2 2.6 Bylaws mean the Bylaws of the Association, as adopted by the Association or Board and as amended from time to time. 2.7 Intentionally Omitted. 2.8 Common Elements means and refers to the General Common Elements and Limited Common Elements. The Common Elements are all parts of the Project except the Units including, without limiting the generality of the foregoing, the following components, if any of the following are present in the Project and not within a Unit or if within a Unit and serving more than one Unit: (i) The Buildings (including, but not by way of limitation, the foundations, columns, girders, beams, supports, perimeter and supporting walls, chimneys, flues, chimney chases, roofs, patios, decks, balconies, corridors, lobbies, vestibules, entrances and exits; the mechanical installations of the Buildings consisting of the equipment and materials making up any central services such as power, light, gas, hot and cold water, sewer and heating, ventilation and central air-conditioning which exist for use by one or more of the Owners, including the pipes, vents, ducts, flues, cable conduits, wires, telephone wire and other similar utility installations used in connection therewith and the areas designated on the Map as including those installations; trash rooms and storage rooms; elevators serving more than one Unit and stairs serving more than one Unit); (ii) The yard(s), sidewalks, walkways, paths, grass, shrubbery, trees, planters, driveways, roadways, landscaping, gardens and related facilities upon the Property; (iii) The pumps, tanks, motors, fans, storm drainage structures, compressors, ducts, and in general, all apparatus, installations and equipment of the Buildings existing for use by one or more of the Units; (iv) In general, all other parts of the Project designated by Declarant as Common Elements and existing for the use of one or more of the Units. The Common Elements shall be owned by the Owners of the separate Condominium Units, each Owner of a Condominium Unit having an undivided interest in the Common Elements. 2.9 Common Expense or Common Expense Liability means and includes: 2.9.1 Expenses declared Common Expenses by provisions of this Condominium Declaration, provided however, that the following special allocations of responsibility to maintain, repair, replace and pay the expenses shall be made: 0 • 2.9.1.1 the Common Expenses incurred related to Common Elements located solely within the Mixed Use Building and which only serve the Mixed Use Building shall be shared among and payable only by the Owners of the Office Units and the Residential Units according to the Allocated Interests — Mixed Use Building on Exhibit A; 2.9.1.2 the Common Expenses for the Common Elements located solely within the Barn Commercial Unit and which only serve the Barn Commercial Unit shall be payable only by the Owner of the Barn Commercial Unit; 2.9.1.3 the Common Expenses for the Common Elements located within the Cabin Commercial Unit and which only serve the Cabin Commercial Unit shall be payable only by the Owner of the Cabin Commercial Unit; and 2.9.1.4 the Common Expenses for Common Elements located solely within a Unit but which serve one or more other Units shall be payable only by the Owner(s) of the Unit(s) that is/are served by such Common Elements. 2.9.2 Expenses or liabilities incurred by or on behalf of the Association in connection with the administration, operation and management, maintenance, repair or replacement of the Common Elements, including, but not limited to, insurance, security, operation and maintenance of the snow -melt system, landscaping and utilities attributable to the operation of the Common Elements, except as otherwise provided herein; 2.9.3 All sums lawfully assessed against the Condominium Units by the Association as Common Expenses; and 2.9.4 Common Expenses that are Special Common Expense Allocations calculated and assessed by the Board from time to time in accordance with this Declaration and the Bylaws and other expenditures made, liabilities incurred, or expenses agreed upon as Common Expenses by the Board or the Owners, all in accordance with this Declaration or the Act. 2.10 Condominium Laws means the Colorado Common Interest Ownership Act, Title 38, Article 33.3, Colorado Revised Statutes, as amended from time to time, and the relevant provisions of the City of Aspen Land Use Code. 2.11 Condominium Map or Map means a three dimensional drawing, prepared by a licensed surveyor in accordance with the Act, executed by Declarant, and filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado depicting and designating the boundaries of the Units and Common Elements. The Condominium Map may be filed for record in parts or sections and may be supplemented or amended as provided herein. The Map is a part 4 0 • of the Declaration and the Map, as amended or supplemented from time to time, is incorporated herein by this reference. 2.12 Condominium Property means the Land and all Improvements and future Improvements, and all appurtenant rights thereto created by this Declaration. 2.13 Condominium Unit or Unit means the fee simple interest in and to a physical portion of the common interest community designated for separate ownership, the boundaries of which Unit are determined by this Declaration and designated on the Map, as amended and supplemented from time to time, together with the undivided interest in the Common Elements appurtenant to the Unit as specified as Allocated Interests — All Units on the attached Exhibit A. Condominium Unit is also referred to as a Unit under the Act, and shall include that portion of a single Condominium Unit designated for separate ownership by an Owner as depicted on the Map and consisting of enclosed rooms and bounded by the interior surfaces of the unfinished perimeter walls, ceilings and floors, and the doors and windows thereof. For the purpose of defining a Unit, the terms set forth below shall be defined as follows: (i) 'Unfinished perimeter wall' means the studs, supports, and other wooden, metal, or similar structural materials that constitute the interior face of a wall of a Unit. (ii) 'Unfinished Ceiling' means the beams, joists, and wooden or other metal, or similar structural materials which constitute the ceiling of a Unit. (iii) 'Unfinished Floor' means the beams, floor joists, floor deck material and concrete which constitute the floor of a Unit. A Unit shall include any drywall, wall paneling, wood, tile, paint, paper, carpeting, or any other wall, ceiling or floor covering, windows and window frames, shutters, awnings, doorsteps, stoops, and doors and door frames. A Unit shall also include any fireplace (but excluding any chimney and/or flue). A Unit shall further include fixtures and hardware and all improvements contained within the unfinished perimeter walls, ceilings and floors. A Unit shall include any heating and refrigerating elements or related equipment, utility lines and outlets, electrical plumbing fixtures, pipes, and all other related equipment required to provide heating, air- conditioning, hot and cold water, electrical or other utility services to the Unit and located within the unfinished walls, ceilings and floors; provided, however, that a Unit shall not include any of the structural components of the Building or utility or service lines located within the Unit but serving more than one Unit. Additionally, a Unit may include an elevator, as shown on the Map. 2.14 Declarant means Aspen Block 99, LLC, a Colorado Limited Liability Company, its successors and assigns. 2.15 Declaration or Condominium Declaration means this Condominium Declaration of Aspen Block 99 Condominiums, a Condominium Common Interest Community, and any and all duly executed amendments, supplements, or additions of or to this Declaration, recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, including the Map, as amended. 2.16 Development Rights and Special Declarant Rights "Development Rights" means any right or combination of rights reserved by Declarant, which are assignable, to: (a) add real estate to the Project; (b) create Units, Common Elements, or Limited Common Elements within the Project; (c) subdivide Units or convert Units into Common Elements; or (d) withdraw real estate from the Project. "Special Declarant Rights" means rights reserved for the benefit of Declarant, which are assignable, to perform the following acts: to complete improvements indicated on the Map; to exercise any Development Right; to maintain sales offices, management offices, signs advertising the Project, and models; to use easements through the Project for the purpose of making improvements within the Project or within real estate which may be added to the Project; to make the Project subject to a master association; or to appoint or remove any officer of the association or any Board member during any period of Declarant Control. 2.17 First Mortgage means a recorded Mortgage or Deed of Trust under which the interest of any Owner is encumbered and which at the time of its creation as a lien on said Owner's Unit by recordation in the real property records of Pitkin County, Colorado, said Mortgage had a first and paramount security -interest priority. 2.18 First Mortgagee means the holder of any First Mortgage. 2.19 General Common Elements means and includes all portions of the Condominium Property, except: (a) the Condominium Units and portions of the Improvements contained entirely within and servicing only one Condominium Unit; and (b) portions of the Condominium Property which are designated as Limited Common Elements under this Declaration or on the Map. General Common Elements include, but are not limited to any portions of the Land or Improvements designated as "G.C.E." on the Map, as may be amended from time to time; the sidewalks, the snow -melt system, and all utility systems and features necessary to operate the snow -melt system, the landscaping, any fencing, and any other improvements located on portions of the Land which are designated as general common elements on the Map; and any utility service lines which serve more than one Unit or which pass through a Unit to serve another Unit. Common Elements may be located within Units, within easements located within Units or as may be otherwise noted as Common Elements on the Map or described as Common Elements in this Declaration. 2.20 Improvements means all structures and improvements located above, on or below the surface of the Land, including the Buildings and structural components thereof, structured parking facilities, surface parking, and all internal or external elevators, sidewalks, utility installations, landscaping and other similar features and amenities. C1l 2.21 Land means that certain fee simple real property comprising the underlying ground situated in Aspen, Colorado, described as LOTS F AND G, BLOCK 99 City and Townsite of Aspen, Colorado. 2.22 Limited Common Elements means those Common Elements designated and reserved for the exclusive use by the Owner or Owners of a particular Condominium Unit or Units, but less than all of the Condominium Units, which Limited Common Elements are deemed to be an inseparable appurtenance to such Condominium Unit or Units. By way of illustration, but not limitation, any balcony, deck, terrace, porch, patio, stairs and storage area which is identified on the Condominium Map by legend, symbol or word as a Limited Common Element (or "L.C.E.") of a specified Unit or Units, shall, without further reference thereto, be used in connection with such Condominium Unit or Units to the exclusion of other Owners of Condominium Units, except by invitation. In describing a Condominium Unit, no separate reference to Limited Common Elements need be made in any lease, assignment of lease, sublease, deed, Mortgage, or other instrument. 2.22.1 Notwithstanding the foregoing, unless otherwise expressly stated in this Declaration or shown on the Map as being a General Common Element, a Unit or a Limited Common Element that is expressly stated as being appurtenant to a particular Unit: 2.22.1.1 with respect to the Barn Commercial Unit Building and the Cabin Commercial Unit Building, all physical elements, parts and components of said buildings that are not within a Commercial Unit are Limited Common Elements appurtenant to each such Commercial Unit respectively and shall be maintained and repaired in all respects solely by the Owner of each such Commercial Unit; and 2.22.1.2 with respect to the Mixed Use Building, all physical elements, parts and components of said building that are not within an Office Unit or the Residential Unit are Limited Common Elements appurtenant to all of the Units in the Mixed Use Building and shall be maintained and repaired in all respects solely by the Owners of the Office Units and the Residential Unit, the costs of which shall be shared solely by said Owners according to the Allocated Interests — Mixed Use Building as set forth on Exhibit A. 2.22.1.3. It is the intent of the foregoing provisions that, generally and subject to the limitations of Section 2.22.1 above, the Owners of the Units within the Buildings shall be responsible for all maintenance, repair and replacements to the physical components of the Building in which their respective Units are located and that such expenses shall not be shared or payable by all of the Owners of Units in the Project. By way of example, and without limiting the generality of the foregoing, the structural components of the Barn Commercial Unit are limited common elements appurtenant to the Barn Commercial Unit and shall be maintained and repaired solely by the Owner of the Barn Commercial Unit, and the structural components of the Mixed Use Building are limited common elements appurtenant to the Office Units and the 7 Residential Unit and shall be maintained and repaired solely by the Owners of the Units located in the Mixed Use Building. 2.22.2. Where a Limited Common Element is specifically stated in this Declaration or on the Map as being appurtenant to solely one Unit, the Owner of said Unit shall be responsible for and obligated to maintain, repair and replace, at its sole cost and expense, said Limited Common Element. 2.23 Intentionally Omitted. 2.24 Marketing Period means the period of Declarant Control over the Association and is further defined in Section 15.4 hereof. 2.25 Mortgage means any real estate mortgage, deed of trust, or security instrument by which a Condominium Unit is encumbered. 2.26 Mortgagee means a person, firm, corporation, partnership, association, or other entity who is then a holder, secured party or beneficiary under a Mortgage. 2.27 Owner means any person, firm, company, corporation, partnership, association, or other entity, including Declarant, or any number of combinations thereof ("Persons") who own(s) one or more Condominium Units. The term "Owner" shall not refer to any Mortgagee, as defined herein, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. The rights, duties, and obligations of an Owner with respect to the Common Areas shall inure to the benefit of a tenant or guest of an Owner. 2.28 Project means the Land and all Improvements, including the Buildings, thereon, together with all rights, easements, and appurtenances belonging thereto, submitted to condominium ownership by this Declaration and which may be subsequently submitted to condominium ownership under the terms of this Declaration or any supplemental declaration as hereinafter provided. ARTICLE 3 ESTABLISHMENT OF CONDOMINIUM OWNERSHIP 3.1 Condominium. The Declarant hereby submits to condominium ownership all of the Land and Improvements thereon related to or incidental thereto located upon the Land. The Project is hereby divided into Units and Common Elements. The Owners of the Units shall own the Common Elements in undivided interests in proportion to their respective Allocated Interests — All Units on Exhibit A. 8 3.2 Use of General Common Elements. Subject to the limitations herein contained, any Owner shall have the nonexclusive right to use and enjoy the General Common Elements except that any utility service lines located within a Unit may be accessed solely for purposes of installation, maintenance, repair and replacement. ARTICLE 4 INSEPARABILITY OFA CONDOMINIUM UNIT 4.1 Inseparability of a Condominium Unit. Each Unit and its Allocated Interests, any easements appurtenant thereto, and the exclusive use of the Limited Common Elements designated for such Unit shall together comprise one Condominium Unit which shall be inseparable and may be conveyed, assigned, leased, devised or encumbered only as a Condominium Unit. No part of a Condominium Unit or of the legal rights comprising ownership of a Condominium Unit may be partitioned or separated from any other part thereof during the period of condominium ownership prescribed in this Declaration. Subject to the terms of this Declaration, each Condominium Unit shall always be conveyed, transferred, devised, bequeathed, encumbered, and otherwise affected only as a complete Condominium Unit. Every conveyance, transfer, gift, devise, bequest, encumbrance or other disposition of a Condominium Unit or any part thereof shall be presumed to be a disposition of the entire Condominium Unit, together with all appurtenant rights and interests created by law or by this Declaration. ARTICLE 5 CONDOMINIUM MAP 5.1 Filing of Map. Prior to any conveyance by Declarant of a Condominium Unit, Declarant shall cause to be filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado, a Condominium Map, which shall contain a sufficient survey description of each Unit in compliance with the Act so as to locate the same accurately and properly. The Condominium Map may be filed in whole or in parts or sections, from time to time, as stages of construction of the Units and other Improvements are substantially completed. The Declarant shall have the right to execute the supplemental Map on behalf of the Association if the Association does not execute the same within ten (10) days of a request therefore by the Declarant. The Condominium Map shall depict and show at least the following, as each may be applicable: 5.1.1 The name and a general schematic map of the entire Project; 5.1.2 The location and dimensions of all real estate not subject to Development Rights, or subject only to the Development Right to withdraw, and the location and dimensions of all existing Improvements within that real estate; 6 0 • 5.1.3 A legally sufficient description of any real estate subject to Development Rights, labeled to identify the rights applicable to each parcel; 5.1.4 The extent of any existing encroachments across any Project boundary; 5.1.5 To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the Project; 5.1.6 The approximate location and dimensions of Limited Common Elements, including porches, balconies, and patios; 5.1.7 The location and dimensions of the vertical and horizontal boundaries of each Unit and that Unit's identifying number; and 5.1.8 Any Condominium Units in which the Declarant has reserved the right to create additional Units or Common Elements, identified appropriately. 5.2 Certification of Map. All Maps and all amendments and supplements thereto must contain a certification by a registered land surveyor that the Map contains all the information required by the Act. ARTICLE 6 DESCRIPTION OF CONDOMINIUM UNIT 6.1 Legal Description of Condominium Unit. Every instrument affecting the title to a Condominium Unit shall describe that Condominium Unit by its identifying Condominium Unit designation followed by the words "Aspen Block 99 Condominiums" with further reference to the Condominium Map and the Declaration. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Condominium Unit, but also the Allocated Interests in the Common Elements appurtenant thereto. Each such description shall be construed to include a nonexclusive easement for ingress to and egress from the Condominium Unit, and use (consistent with the Condominium Map and this Declaration) of the General Common Elements and the designated Limited Common Elements. An example of such description is as follows: Office Unit No. 1, Aspen Block 99 Condominiums, Aspen, Colorado, according to and subject to the Condominium Declaration of Aspen Block 99 Condominiums recorded as Reception No. , and the Condominium Map for Aspen Block 99 Condominiums, filed for record in Plat Book , Page , of the Clerk and Recorder's Office of Pitkin County, Colorado. 10 6.2 Condominium Unit Boundaries. The boundaries of each Unit shall be as described and defined in Section 2.13 of these Declarations. 6.3 Amendments Deemed Included. The reference to the Condominium Map and the Condominium Declaration in any instrument shall be deemed to include any supplements or amendments to the Map or the Declaration, whether or not specific reference is made thereto. 6.4 Conveyance of a Condominium Unit. Upon the purchase of any Condominium Unit from Declarant, a copy of each instrument of conveyance shall be furnished by Declarant to the Association. Upon any subsequent conveyance of a Condominium Unit, a copy of the instrument of conveyance shall be furnished to the Association by the grantee. 6.5 Subdivision of Condominium Units. Except as provided in Section 6.6 below with respect to the subdivision of previously combined Units, an Owner may not subdivide his Unit into two or more Units. 6.6 Relocation of Boundaries Between Adjoining Units. Subject to the Condominium Laws, Owners of adjoining Units may seek to relocate the boundaries between such adjoining Units and to combine adjacent Units into one Unit by an amendment to the Declaration, upon the prior written consent of the Board. 6.6.1 In order to relocate the boundaries between two Units or to combine adjacent Units, the Owners of those Units, as the applicant, must submit an application to the Board, which application shall be executed by those Owners and shall include: (a) Evidence that the applicant of the proposed subdivision shall have complied with all building codes, fire codes, the Condominium Laws, and other applicable ordinances or resolutions adopted and enforced by the local governing body and that the proposed subdivision does not violate the terms of any document evidencing a security interest encumbering the Unit; (b) The proposed reallocation of Allocated Interests, if any; (c) The proposed form of amendments to the Declaration, including the Condominium Map, as may be necessary to show the altered boundaries between adjoining units or altered boundary of a combined Unit, and their dimensions and identifying numbers; (d) A deposit for attorney fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board; and (e) Such other information as may be reasonably requested by the Board. 11 0 • 6.6.2 No relocation of boundaries between adjoining Units or combination of Units shall become effective unless all necessary amendments to the Declaration and Map are properly executed and recorded and all required governmental approvals are secured. The owner of a Unit which was created by the combination of separate Units may, subject to approval of the Board, subdivide said Unit into not more than the original number of Units that were previously combined by following the procedure set forth in this Section 6.6. ARTICLE 7 TITLE AND OWNERSHIP 7.1 Title. A Condominium Unit may be held and owned by more than one Owner as joint tenants, tenants in common, or in any other real property tenancy or estate recognized under the laws of the State of Colorado. 7.2 Term of Ownership. The separate estate of an Owner of a Condominium Unit created by this Declaration shall continue until revoked in the manner contained in this Declaration or by operation of law. 7.3 Nonpartitionability of Common Elements. The Common Elements shall be owned in common by all Owners of the Condominium Units and shall remain undivided. By the acceptance of a deed or other instrument of conveyance, each Owner specifically waives his right to institute and/or maintain a partition action or any other action designed to cause a division of the Common Elements. Each Owner specifically agrees not to institute any action therefore. Furthermore, each Owner agrees that this Section 7.3 may be pleaded as a bar to the maintenance of such an action. A violation of this provision shall entitle the Association to collect, jointly and severally, from the parties violating the same, the actual attorneys fees, costs and other damages the Association incurs in connection therewith. By becoming part of this common interest community every Owner waives any right to maintain a legal partition action. 7.4 Transfer of Common Elements. 7.4.1. All Owners and the Association covenant that they shall neither by act nor omission, seek to abandon, subdivide, encumber, sell, transfer, or lease, except as provided below, the Common Elements without the consent of: (80%) or more; and (a) the Owners representing Allocated Interests of eighty percent (b) during the Marketing Period, the consent of the Declarant. 12 Any such action without the written consent of said Owners, and, if applicable, the Declarant, shall be null and void. 7.4.2. Notwithstanding the foregoing, nothing contained in this Section 7.4 shall be construed to limit or prohibit: (a) an Owner from causing to be made a proportionate adjustment in the percentage ownership in the Common Elements in connection with the combination or division of any Condominium Unit pursuant to the right of combination or division, of a Condominium Unit by the Owner pursuant to Section 6.5; or (b) the Board from entering into one or more leases, upon reasonable terms, creating and conveying to third parties leasehold interests for portions of the Common Elements, provided such leaseholds do not exceed a cumulative duration in excess of five years and the Board determines that the creation of the leasehold is reasonably necessary to manage and regulate the Common Areas or in the best interests of the Association or the Owners. Such agreement to abandon, subdivide, encumber, sell or transfer title to all or part of the Common Elements must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of Condominium Unit Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in the office of the Clerk and Recorder of the County of Pitkin and is effective only upon recordation. 7.4.3 Unless in compliance with this section, any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of Common Elements is void. 7.4.4 A conveyance or encumbrance of Common Elements pursuant to this section shall not deprive any Condominium Unit of its rights of ingress and egress of the Condominium Unit and support of the Condominium Unit. 7.4.5 A conveyance or encumbrance of Common Elements pursuant to this section does not affect the priority or validity of preexisting encumbrances. ARTICLE 8 USE AND OCCUPANCY 8.1 Use of Common Elements. Each Owner may use the General and Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners, and subject to the use and occupancy restrictions set forth in Section 8.3 and subject to the easements and restrictions set forth herein. 13 • 0 8.2 Use of General Common Elements. There shall be no obstruction of General Common Elements, nor shall anything be kept or stored on any part of the General Common Elements without the prior written consent of the Association, except as specifically provided herein. No restriction, impairment, or interference with any right of ingress or egress provided for in this Declaration shall be permitted at any time without the prior written consent of the Owner thereof. Except as may be otherwise permitted, reserved or contemplated by this Declaration, nothing shall be altered on, constructed in, or removed from the General Common Elements except upon the prior written consent of the Association. 8.3 General Use Restrictions. 8.3.1 Neither the Common Elements nor any part or appurtenance of or to any Condominium Unit which is visible outside the Condominium Unit shall be altered in appearance or modified without consent of the Association. No unsightly object or nuisances shall be erected, placed or permitted to remain on the Common Elements, nor shall they be used in any way for any purpose which may endanger the health or unreasonably disturb the Owner of any Condominium Unit or any resident or tenant thereof. 8.3.2 The Residential Unit shall only be used for residential purposes and may not be used for commercial or business purposes, unless such use is of an incidental nature (such as a home office) and the use does not require City of Aspen approval or issuance of any plans, permits, licenses or other reviews. 8.3.3 The Commercial Units and Office Units shall only be used for office and retail purposes. No use classified by the City of Aspen as industrial or light industrial shall be allowed for these Units. The hours of operation of any office or retail operation in these Units shall be limited to 7:00 AM to 9:00 PM. Further, no Commercial Unit or Office Unit shall be used as a restaurant, bar, night club, beauty salon, pet store, cannabis dispensary or grow facility or other similar use or operation nor for any purpose or use which produces disturbing or unhealthy odors or which produces noise in excess of that allowed by any noise Ordinance of the City of Aspen or a noise standard determined by the Board and set forth in an adopted rule. In the event a potential purchaser or lessee of a Commercial Unit or Office Unit, who has entered a Contract for the purchase thereof, shall desire a determination from the Association that a particular type of use in a Commercial Unit or Office Unit will be allowed pursuant to this paragraph, the potential purchaser or lessee may submit a request to the Association for a determination of compliance. Such request shall describe the proposed use and potential impacts in detail. The Association may refuse to make a determination, or, in its sole discretion, the Association may make a determination that the proposed use is or is not in compliance with the above use restriction. If the Association shall make a determination, then such determination shall be binding on the Association provided the actual use and impacts are not materially different than the use and impacts as described in the request for a determination. 14 0 8.3.4 No nuisances shall be allowed in the Project, nor any use or practice which is the source of annoyance to residents or tenants or which interferes with the peaceful enjoyment or possession and proper use of the Project by the Owners. All parts of the Project shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage shall be allowed to accumulate nor any fire hazard to exist. No Condominium Unit Owner shall permit any use of his Condominium Unit or make any use of the General or Limited Common Elements which will unreasonably increase insurance rates upon the Condominium property. The Association may adopt bylaws and rules and regulations as may be related to the orderly administration of the Project and to abatement and enjoinment of nuisances. Noise emanating from a Unit which is disturbing to other owners may be subject to rules and regulations adopted by the Association and further subject to abatement and other enforcement actions by the Association as a nuisance. 8.3.5 All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Project shall be observed. 8.3.6 Rules and regulations may be promulgated by the Association concerning and governing both the use of the Units, the General and Limited Common Elements and the appearance of the Improvements. Copies of the rules and regulations shall be posted and/or reasonably furnished to Condominium Unit Owners prior to the time they become effective. The Association shall be responsible for taking all acts and making any rules and regulations as will ensure the maintenance of the Common Elements to high standards of safety, cleanliness and pleasing appearance. 8.3.7 Except for those improvements caused to be erected or installed by Declarant, no exterior additions or alterations to or of the Improvements, nor changes in the fences, plantings, walls and other structures, shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, heights, materials, location and approximate cost of the same, shall have been submitted to and approved in writing by the Association and any necessary local governmental agency or body so as to insure conformity and harmony of external design and relative location with existing structures comprising the Project. Upon completion of approved alterations or additions to the Improvements or completion of Owner build -out within a Condominium Unit, said Owner shall cause to be delivered to the Association a complete set of as -built plans and a supplemental or amended Map if required. Any alteration, change, expansion, modification of any Building may require the approval of the City of Aspen. 8.4 No Timesharing. No Unit shall be used for the operation of a timesharing, fractional -ownership, fractional -sharing, vacation club or other similar program whereby the right to exclusive use of the Unit rotates among participants in the program over a fixed or floating schedule over a period of time. 15 8.5 Tenant Improvements — Limitations on Construction Work and Parking. With respect to construction work related to improvements being made by or on behalf of a tenant, except for improvements being made to the exterior of a Unit, no construction work, including without limitation, fabrication, storing of materials, assemblies, cutting or mixing of materials, meal breaks, loitering or smoking by construction workers, shall be permitted to occur on the exterior areas of the Project. Parking for construction workers doing such work shall not be permitted in the alley on the south side of the Project. The Executive Board of the Association shall have the authority to grant variances to the foregoing restrictions when there are no reasonably practicable alternatives, provided that the Board shall impose restrictions as to the schedule and nature of the work being performed so as to minimize disturbance to the occupants of the Units in the Project to the greatest extent reasonably possible. ARTICLE 9 EASEMENTS 9.1 Encroachments. In the event that any portion of the Common Elements encroaches upon any Condominium Unit, or in the event that any portion of a Condominium Unit encroaches upon any other Condominium Unit or upon any portion of the Common Elements, or in the event any encroachment shall occur in the future as a result of: (a) the build -out of a Building or a Unit; (b) settling of a Building or other Improvements; (c) alteration or repair to the Common Elements; or (d) repair or restoration of the Improvements and/or Condominium Unit(s) after damage by fire or other casualty, or condemnation or eminent domain proceedings; then, in such event, a valid easement shall be deemed to exist for the encroachment and for the maintenance of the same so long as the Building stands or encroachment exists. 9.2 Marketability. Such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or on the Condominium Units for purposes of marketability of title or other purposes. 9.3 Liability. Any encroachment easement does not relieve a Condominium Unit Owner of liability in case of willful misconduct nor relieve the any other person of liability for failure to adhere to the Condominium Map. 9.4 Variations. In interpreting any and all provisions of the Declaration and subsequent deeds to and/or Mortgages relating to Condominium Units, the actual location of a Condominium Unit shall be deemed conclusively to be the property intended to be conveyed, 16 reserved or encumbered notwithstanding any minor deviations from the location of such Unit indicated on the Condominium Map. 9.5 Emergency Services Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency service providers or persons to enter upon the Project in performances of their duties. 9.6 Utilities Services and Maintenance Easements. The Declarant may cause a Master Utility Plan, as amended from time to time ("Utility Plan") to be recorded to indicate the location and purpose of utility service lines and equipment and/or they may be identified on the Map. The service lines will be for the benefit of the Association and each owner of a Unit served by any particular utility service line and equipment and shall be common elements subject to specific cost allocations set forth in paragraph 13.6 below. Where ever service line(s) and equipment as actually located on the Project pass through a Unit to serve another Unit or are located in a Unit but serve other Units and are not labeled in the Utility Plan, a common element is hereby created with dimensions at the minimum size reasonably necessary to accommodate such service line(s) and equipment for the benefit of the Unit(s) served thereby. 9.7 Additional Easements and Title Matters. The Property is subject to all easements as shown on the Map, the Utility Plan and to any other easements and licenses of record as of the date of recordation of this Declaration and other title matters, which easements and licenses of record and other title matters are set forth on the attached Exhibit B. In addition to those easements described and set forth in this Article 9, the Property is subject to easements set forth in Article 10, Article 26 and elsewhere in this Declaration. 9.8 Right of Access. There will be certain utility service lines and equipment serving Units other than a Unit through which such lines and equipment pass. There is hereby created for the benefit of the Association, the Owner of any Unit served by such service lines and equipment and their authorized agents, contractors and employees, an easement over, across and through each Unit as is reasonably necessary to access the utility service lines and equipment for the purpose of discharging the Association's obligations under this Declaration and for the installation, operation, maintenance and repair of such service lines and equipment. The Association, an Owner served by such lines and equipment and their authorized agents, contractors and employees shall provide any Unit Owner reasonable notice of intent to exercise the rights created hereby. ARTICLE 10 EXTERIOR MAINTENANCE, SPECIAL EASEMENT, OWNER'S RESPONSIBILITY FOR MAINTENACE AND FAILURE TO MAINTAIN 10.1 Exterior Maintenance. In order to maintain a uniform appearance and a high standard of maintenance within the Project, the Owners shall be obligated and required to 17 perform Unit Exterior Maintenance, as more fully set forth below. In the event that an Owner or Owners responsible for such maintenance do not perform said maintenance, the Association shall have the right to require that it be performed by said Owners or it may perform such maintenance according the below provisions. 10.1.1 Unit Exterior Maintenance. Subject to the insurance responsibilities set forth herein, the Owners of the Commercial Units shall each be obligated to maintain the exterior of their respective Commercial Units and the Owners of the Units in the Mixed Use Building shall be obligated to maintain the exterior of the Mixed Use Building. Such Exterior Maintenance shall include but shall not be limited to, maintenance, repair and replacement of the exterior surfaces, doors, decks, porches, and roofs ("Unit Exterior Maintenance"). The Owner of each Unit shall be responsible for repair or replacement of broken window panes and for exterior window washing of such Unit and shall clear areas of the roofs from snow as necessary to protect the roof from damage. The Association shall be responsible for snow removal from the Common Elements, such as walkways and courtyards that are not Limited Common Elements. The Association shall have the sole discretion to determine the timing and manner in which such maintenance, repair and replacement shall be performed as well as the color or type of materials used to maintain the Units and before undertaking other than routine maintenance and repairs, each Owner who is obligated to do such work shall obtain the consent of the Board for such work. The Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the Unit Owners, including the frequency and appearance of any exterior maintenance. 10.1.1.2 All costs for exterior maintenance, repair and replacement of a Unit shall be paid by the Owner responsible for such work and if the Owner does not pay for or undertake such work as and when required, the Association may pay for such work and/or undertake such work and shall have the right to assess said costs to the Owner of such Unit as an assessment separate from and in addition to Common Assessments. Assessments for Unit Exterior Maintenance may be made in advance and the Association may accumulate reserves for such maintenance, provided that an individual account (for accounting purposes only) shall be kept for each Unit with regard to any reserves so that the Owner of each Unit pays only for the maintenance, repair and replacement of the Unit Exterior Maintenance of that Owner's particular Unit. 10.2 Special Easement. The Association and the Board and their respective representatives are hereby granted a nonexclusive easement to enter upon and use the exterior of each Unit as may be necessary or appropriate to perform the duties and functions that they may be obligated or permitted to perform pursuant to this Article. 10.3 Maintenance Contract. The Association or Board may employ or contract for the services of an individual or maintenance company to perform certain delegated powers, functions, or duties of the Association to perform Unit Exterior Maintenance. The employed 18 individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Board. The Board shall not be liable for any omission or improper exercise by the employed individual or management company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 10.4 Owner's Responsibility. Each Owner shall be responsible for maintaining all portions of the Owner's Unit and for fulfilling its maintenance obligations set forth in Section 2.22 and its subparts with respect to Limited Common Elements, in addition to the areas identified for Unit Exterior Maintenance. The Association shall have the right and power to prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements. No Owner shall make any addition or other alteration to any portion of the exterior of a Unit without the express consent of the Board. 10.5 Owner's Failure to Maintain or Repair. In the event that a Unit and the improvements thereupon are not properly maintained and repaired, and if the maintenance responsibility for the un-maintained portion of the Unit lies with the Owner of the Unit, or in the event that the improvements on the Unit that are insured by the Owner are damaged or destroyed by an event of casualty and the Owner does not take reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Board, shall have the right to enter upon the Unit to perform such work as is reasonably required to restore the Unit and the Buildings and other improvements thereon to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Unit, upon demand. All un-reimbursed costs shall be a lien upon the Unit until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid Assessment. ARTICLE 11 ASSESSMENTS AND TAXATION 11.1 Separate Assessments and Taxation - Notice to Assessor. Upon the filing for recording of this Declaration, the Declarant shall deliver a copy of the Declaration to the Assessor of Pitkin County, Colorado in accordance with the Act. 11.2 Assessments and Taxation. Each Unit, together with its undivided interest in the Common Elements and its interest in the Limited Common Elements appurtenant thereto, shall be deemed a separate parcel and subject to separate assessment and taxation. For purposes of such assessment, the valuation of the Common Elements shall be apportioned among the Condominium Units in proportion to the Allocated Interests appurtenant to such Units. 19 ARTICLE 12 CONDOMINIUM OWNERS ASSOCIATION 12.1 The Association. The administration of the Project shall be governed by this Declaration, and by the Articles of Incorporation and Bylaws. In the event of any conflict, the Declaration shall control over the Articles of Incorporation and Bylaws of the Association, and the Articles of Incorporation shall control over the Bylaws. 12.2 Membership. Each Owner of a Condominium Unit shall automatically be a Member of the Association and shall remain a Member of the Association for the period of the Owner's Unit ownership. Each Owner shall be entitled to one membership for each Condominium Unit owned. Each membership shall be appurtenant to the Condominium Unit and shall be transferred automatically by conveyance of the Condominium Unit. No person or entity other than an Owner may be a member of the Association, but the rights of membership may be assigned to a Mortgagee as and for the security for a loan secured by a mortgage on a Condominium Unit. Any corporation, partnership, association, trust or other legal entity acquiring an ownership interest in a Condominium Unit shall automatically become a Member of the Association. 12.3 Voting Rights. There shall be a total of 100 votes in the Association. Members shall be entitled to the number of votes set forth in Exhibit A for every Condominium Unit such Member owns on all matters. Such votes are based on the Allocated Interests of the Units and shall be adjusted only as and if the Allocated Interests are adjusted. For matters that involve solely the Mixed Use Building, voting shall be based on the Allocated Interests — Mixed Use Building on Exhibit A, and for all other matters voting shall be based on the Allocated Interests — All Units on Exhibit A. 12.3.1 If a Unit is owned by more than one person, those persons shall agree among themselves how the vote for that Unit's membership is to be cast. Individual co -owners may not cast fractional votes. A vote by a co-owner for the entire Unit's membership interest shall be deemed to be pursuant to a valid proxy (see Section 12.5), unless another co-owner of the same Unit objects at the time the vote is cast, in which case such Unit's membership vote shall not be counted. With respect to any Unit, all votes must be cast in the same manner and may not be split with regard to any one item on which a vote is required or taken. 12.3.2 Except as may be otherwise provided in this Declaration and subject to the quorum requirements established by the Bylaws of the Association: (a) all matters that come before the vote of the members of the Association, whether said matters are required to be voted on by the Members of the Association or are submitted to the vote of the Members of the Association, shall be determined by the majority vote of the Members present in person or by proxy at a properly noticed meeting; and (b) all matters requiring the consent or action of the 20 Association which are not expressly subject to a vote of the members shall be determined by the majority vote of the members of the Board present in person, by telephone or by proxy at a properly noticed meeting or by their written consent lieu of such meeting. 12.4 Transfer. Except as otherwise expressly stated herein, any of the rights, interests and obligations of the Association set forth herein or reserved herein may not be transferred to or assigned to any other person or entity. No such transfer or assignment shall relieve the Association of any of the obligations set forth herein. Any such transfer or assignment shall not revoke or change any of the rights or obligations of any Owners as set forth herein. 12.5 Vote by Proxy. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person, each Owner of the Unit may vote or register protest to the casting of votes by the other Owners of the Unit through a duly executed proxy. Upon a Member's designation of a proxy, the secretary of the Association shall maintain the list of the persons entitled to vote on behalf of each Member and, until the Association is notified to the contrary, any action taken by a person purporting to act on behalf of a Member shall be binding upon the Member. A Unit Owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise. ARTICLE 13 PURPOSES AND POWERS OF ASSOCIATION 13.1 Nonprofit Purpose. The Association shall not operate for pecuniary gain or profit, shall not issue capital stock, and no part of the net earnings of the Association shall inure to the benefit of any member or individual (except that reasonable compensation may be paid for services rendered by Declarant, an Owner or an affiliate thereof). 13.2 Association Powers. The Association is hereby granted all powers necessary to govern, manage, maintain, repair, administer, and regulate the Project and to perform all of the duties required of it. In furtherance of the Association purposes, the Association (by action of its Board of Directors, unless otherwise noted in the Articles of Incorporation or in the Declaration) shall have full power to: (a) Adopt and amend or supplement the Bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for Common Expenses from Unit owners; (c) Hire and terminate managing agents, and other employees, agents, and independent contractors; 21 E (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Unit owners on matters affecting the Project; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of Common Elements; (g) Cause additional improvements to be made as a part of the Common Elements; (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, subject to the provisions of Sections 7.4 and Article 25 hereof, (i) Grant easements, leases, licenses, and concessions through or over the Common Elements; 0) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements other than Limited Common Elements; (k) Impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and rules and regulations of the Association; (1) Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid assessments; (m) Provide for the indemnification of its officers and Board and maintain director's and officer's liability insurance; (n) Assign its right to future income, including the right to receive Common Expense assessments, but only to the extent this Declaration expressly so provides; (o) Exercise any other powers conferred by the Declaration or Bylaws; (p) Exercise all other powers that may be exercised in the State of Colorado by legal entities of the same type as the Association; and 22 0 • (q) Exercise any other powers necessary and proper for the governance and operation of the Association or as provided in the Act. 13.3 Limitations on Association's Powers During the Marketing Period. Notwithstanding any provisions in this Declaration, the Articles of Incorporation or Bylaws for the Association, the Association shall not be entitled nor empowered to do the following during the Marketing Period without the written consent and approval of the Declarant: (a) Make design review decisions pursuant to Section 13.7 hereof; (b) Make amendments, modifications, terminations, or extensions to this Declaration, including any plats or maps, and the Articles of Incorporation and Bylaws for the Association; (c) Prepare annual budgets; (d) Authorize the combination or division of Units pursuant to Sections 6.5 and 6.6 hereof; (e) Do any of the acts listed in Section 13.2 hereof; and (f) Transfer the Common Elements pursuant to Section 7.4 hereof. 13.4 Association As Attorney -in -Fact. The title to any Condominium Unit is hereby declared and expressly made subject to the terms and conditions hereto, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or any prior Owner shall constitute the appointment of the Association as the Owner's attorney -in -fact for the purposes expressly set forth in this Declaration. The Association, as attorney -in -fact, shall have full and complete authorization, right and power to: (a) make, execute and deliver any contract, deed or other document with respect to the interest of the Owner of a Condominium Unit for the purposes expressly set forth in this Declaration; and (b) execute, deliver and file of record with the office of the Clerk and Recorder of Pitkin County, Colorado, such instruments, deeds, Condominium Maps and Condominium Declaration amendments and supplements as are necessary or desirable for the purposes expressly set forth in this Declaration. 13.5 Owner Compliance. Each Owner shall comply strictly with the provisions of this Declaration, any supplement or amendment hereto, the Articles of Incorporation and Bylaws of the Association and all decisions, resolutions, rules and regulations of the Association adopted 23 0 • in accordance with this Declaration and the Articles of Incorporation and Bylaws of the Association. Failure to comply with any of the same shall be grounds for an action to recover any amounts due, for damages or injunctive relief or both, together with attorneys fees and costs incurred in connection therewith, brought by the Association on behalf of the Owners, or, in a proper case, by any aggrieved Owner. 13.6 Maintenance of Common Elements. The Association shall have the duty and obligation of cleaning and maintaining, repairing, or reconstructing the General Common Elements within the Project, including the sidewalks, snow melt system and landscaping (but not including any of the forgoing that are Limited Common Elements). The cost of maintenance and repair of General Common Elements shall be a Common Expense of all of the Owners. The Association shall not be required to obtain the prior approval of the Owners to cause such maintenance or repairs to be accomplished. The duty, cost and obligation of cleaning and maintenance, repair and replacement of Limited Common Elements shall be an expense of the Owner of the Unit to which such Limited Common Elements are appurtenant and is subject to the provisions of Section 2.22 and its subparts. Notwithstanding the forgoing, the cost of maintenance, repair and replacement of a utility service line that serves one or more but less than all Units shall be shared equally by the Owners of all such Units served thereby. 13.7 Design Review. 13.7.1 No Change in Property Without Approval. No alteration, change, modification, or addition ("Change in the Property") to the exterior of any Unit, Building or Common Element shall be made or permitted, without the prior written approval of the Board, and, during the Marketing Period, approval of the Declarant. 13.7.2 Definitions and Restrictions. "Change in Property" shall include: (a) the construction or expansion of any structure or Improvements, including utility facilities; (b) the destruction by voluntary action or the abandonment of the Project, structure, or other improvements; (c) the excavation, filling or similar disturbance of the surface of Land including, without limitation, change of grade, ground level or drainage pattern; (d) the clearing, marring, defacing or damaging of trees, shrubs or other growing things; (e) the landscaping or planting of trees, shrubs, lawns or plants; or (f) any change or alteration to the exterior appearance of any existing Unit, including, without limitation, any change of color, texture, materials, windows or doors of any Unit. 13.7.3 Landscaping. No existing vegetation shall be removed without Association review and approval. In the event any existing vegetation is removed without approval of the Association, any person or entity responsible for such removal shall be subject to a fine of up to Five Hundred Dollars per day for each day the violation exists or continues. The amount of any fine shall be established by the Board, and may be assessed and collected in the 24 manner provided herein. The Board shall have the right to adjust the maximum fine set forth herein by any generally accepted inflation index, with 2015 as the base year. 13.7.4 Board of Directors and Approval of Plans. The Board of Directors shall have the authority to review all plans for any proposed Change in the Property. The Board of Directors shall have the right to employ consultants to assist in the performance of its functions in reviewing any proposed improvement of a Unit or Common Element. No Change in the Property shall occur or be permitted until plans and specifications with respect thereto (in manner and form satisfactory to the Board of Directors showing the proposed improvements, all exterior elevations, materials and colors, landscaping, and such other information as may be requested by the Board of Directors) have been submitted to and been approved in writing by the Board of Directors. Such plans and specifications shall be submitted in writing and be signed by the Owner or the Owner's authorized agent. The Board of Directors shall have the right to charge persons submitting such plans, other than the Association, a reasonable fee for reviewing each application for approval of the plans and specifications in an amount not to exceed Five Hundred Dollars with respect to any single submission with reference to construction for a Unit or remodeling thereof, and a fee not to exceed Three Hundred Dollars with reference to approval of landscaping plans or modifications to existing landscaping. In addition, Owner shall compensate the Association for all reasonable costs it may incur to retain consultants to review and comment upon Owner's proposed modifications, including, without limitation any legal expense. Approval shall be based, among other things, on suitability of design, colors, and materials; conformity of the plans and specifications to the purpose and general plan and intent of this Declaration; and conformity with the approvals, requirements, Certificates or Resolutions of the City of Aspen Historical Preservation Committee ("HPC") and a schedule of completion of the Change in the Property, which schedule the Board may require and shall have the right to enforce compliance with, including the provision of a completion bond, in an amount determined in the Board's reasonable discretion, for all or any portion of the construction. The Board of Directors shall not arbitrarily or unreasonably withhold or delay its approval of such plans and specifications. Owner shall secure all required governmental plan and permit approvals. The Board may require that an Owner post funds in favor of the Association that can be immediately drawn upon by the Board in the event that the exterior activity causes damage to other Units or Common Elements. The Board may require that such funds equal the greater of $5000.00 or 5% of the written estimated cost of the proposed remodeling. If the Board of Directors fails either to approve or to disapprove such plans and specifications (inducing re -submission of disapproved plans and specifications which have been revised) within sixty (60) days after the same have been submitted or resubmitted to it (provided that all required information has been submitted), it shall be conclusively presumed that said plans and specifications have been approved subject, however, to the restrictions contained in this Declaration and compliance with the Condominium Laws. The Board of Directors shall notify the Owner in writing upon receipt of all required, complete plans and specifications and the aforesaid 60-day period shall commence on the date of such notification. 25 0 • 13.8 Other Duties of the Association. In addition to all other rights, duties, privileges and liabilities of the Association, as provided by this Declaration and its Articles of Incorporation and amendments, the Association shall provide to the Owners the duties and services described in subparagraphs (a) through (g) below, and may provide services provided in subparagraph (h) below, all of which shall be paid as a part of the Common Expense assessment: (a) Maintenance, repair and restoration of the General Common Elements and the exterior of all Unit pursuant to Article 10; (b) Administration and management of the Common Elements; (c) Provision and maintenance of snow melt or snow removal, lighting, and other utility services for all common areas through agreements for services and with utility providers; (d) Obtaining and maintaining of all required insurance as hereafter provided; (e) The enforcement of all of the provisions of this Declaration and the Association's rules and regulations and the collection of all obligations and assessments owed to the Association by the Owners; (f) Acting as attorney -in -fact for the Owners in accordance with this Declaration; (g) Performing all other acts required by this Declaration, or the Articles of Incorporation and Bylaws of the Association, or any amendments thereto; and (h) In addition to the foregoing, the Association shall have the right to hire one or more persons including a management agent, to perform, manage, direct, or contract, subject to Association approval, for such services. No contract or agreement for the employment of a management agent or professional manager for the Project shall be for a term in excess of three years and any such agreement shall provide that the same may be terminated with or without cause and without payment of any termination fee on 60 days prior written notice. ARTICLE 14 MAINTENANCE RESPONSIBILITY FOR UNIT 14.1 Owner's Responsibility. Each Owner shall have the obligation to maintain and keep in good repair the Owner's Unit. All work and improvements to the exterior of a Unit shall be in full compliance with all approvals or certificates of the HPC. Any changes to the exterior of FT a Unit shall only be made after approval by the Association and, if required by the City Land Use Code, approval by the HPC. 14.1.1 An Owner shall not be responsible for repair occasioned by damage that is covered under Article 19 hereof, unless such damage is due to the act or negligence of Owner, or the Owner's guests, invitees, or tenants. 14.1.2 An Owner shall reimburse the Association for any expenditure incurred for replacing and repairing of any Common Element and related facility, damaged through fault of Owner, or the Owner's guests, invitees, or tenants, and the Association shall be entitled to assess such Owner for such amounts which shall be payable, collectible and enforceable in the same manner as assessments pursuant to Article 18 hereof. 14.1.3 No Owner shall alter any General or Limited Common Element without the prior written consent of the Board. 14.2 Owner's Responsibility for Tenant's Conduct. An Owner may elect to lease his/her Unit for use by a third party, subject to Section 8.4, provided the third party agrees to use the Unit and Common Elements for purposes consistent with this Declaration. Owner remains responsible to the Association for any loss, damage or destruction which occurs during any such period as if such Owner were occupying the Unit. Nothing herein shall limit the ability of such Owner from asserting claims against such tenants or other third parties who may be responsible to the Owner. 14.3 Owner Remodeling. An Owner shall have the right to redecorate, remodel or reconstruct the interior of such Owner's Condominium Unit, provided that no reconstruction, redecoration or remodeling shall be made without the prior written consent of the Board if it would affect structural members, Common Elements, or the exterior appearance of the Buildings. Owner is responsible for securing all required governmental plan and permit approvals. Owner shall compensate the Association for all reasonable costs it may incur to retain consultants to review and comment upon Owner's proposed modifications, including, without limitation any legal expense. The Board may require that an Owner post funds in favor of the Association that can be immediately drawn upon by the Board in the event that the remodeling causes damage to other Units or Common Elements or is not completed within the time set forth in any construction schedule required and approved by the Board. The Board may require that such funds equal the greater of $5000.00 or 5% of the written estimated cost of the proposed remodeling. Such right to repair, alter and remodel shall carry the obligation to replace any finished materials removed with similar or other types or kinds of finishing materials. In these instances where the prior written consent of the Board is required, the Owner, upon completion of the remodeling shall deposit with the Association a complete set of as -built plans describing the Owner remodeling. 27 0 • 14.4 No Impairment of Structural Soundness. An Owner shall neither perform nor permit any act or work that will impair the structural soundness or integrity of any Building or impair an easement or utility. ARTICLE 15 BOARD OF DIRECTORS 15.1 Board of Directors. The Association, by and through the Board elected in accordance with the Articles of Incorporation and the Bylaws of the Association, shall have the duties of the general administration, management, operation, and maintenance of the Project; the enforcement of the provisions of this Declaration and of the Articles of Incorporation and the Bylaws of the Association and rules and regulations adopted thereunder; and design review as provided in Article 13. 15.1.1 If appointed by the Declarant, during the Marketing Period, in the performance of their duties, the officers and members of the Board are required to exercise the care required of fiduciaries of the Unit Owners. If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. 15.1.2 The Board may not act on behalf of the Association to amend or supplement the Declaration or Bylaws, to terminate the common interest community, or to elect members of the Board or determine the qualifications, powers and duties, or terms of office of Board members, but the Board may fill vacancies in its membership for the unexpired portion of any term. 15.1.3 The Board may delegate any of its duties, powers and functions to any person or firm which will act as the Managing Agent at an agreed reasonable level of compensation. 15.2 Managing Agent. The Managing Agent, if any, shall perform the management, operation and maintenance functions delegated to it by the Board. These duties may include, without limitation, managing and maintaining the common areas and managing any of the activities of the Project. 15.3 Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail by ordinary first-class mail or otherwise deliver a summary of the budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than ten (10) nor more than sixty (60) days after mailing or other delivery of the summary. Unless, at that meeting, a majority vote of Members rejects the budget, the budget is ratified. If at such meeting, a quorum was not present, the budget shall be deemed ratified. In the event that the proposed budget is rejected, the periodic 28 0 • budget last ratified by the Members must be continued until such time as the Members ratify a subsequent budget proposed by the Board. 15.4 Marketing Period. 15.4.1 This Declaration provides for a period of Declarant control of the Association (the "Marketing Period"), during which period the Declarant, or persons designated by it, may appoint and remove the officers and members of the Board. The Marketing Period shall terminate upon the first to occur of (a) sixty days after conveyance to Unit Owners other than the Declarant, of seventy-five percent (75%) of the Units that may be created; (b) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; or (c) two (2) years after any right to add new Units was last exercised. 15.4.2 The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board before termination of the Marketing Period, but, in that event, the Declarant may require, for the duration of the Marketing Period, that specified actions of the Association or Board be approved by the Declarant before they become effective. 15.5 Election of the Board during Marketing Period. 15.5.1 Not later than sixty (60) days after the conveyance of twenty-five percent (25%) of the Condominium Units that may be created, Unit Owners, other than the Declarant, shall elect at least one (1) member who shall not be Declarant, which shall result in Unit Owner representation of not less than twenty-five percent (25%) of the Board membership. 15.5.2 Not later than sixty (60) days after the conveyance of fifty percent (50%) of the Condominium Units that may be created, Unit Owners, other than the Declarant, shall elect member(s) who shall not be Declarant, which shall result in Unit Owner representation of not less than one-third (1/3) of the Board membership. 15.6 Election of Board after Marketing Period. Except as otherwise provided herein or by law, no later than the termination of the Marketing Period, the Unit Owners shall elect a Board of three members, at least a majority of whom must be Unit Owners other than the Declarant or designated representatives of Unit Owners other than the Declarant. The Board shall elect the officers of the Association. The Board members and officers shall take office upon termination of the Marketing Period. The composition of the Board and the maximum number of its members shall be as set forth in the Bylaws of the Association. 29 • 0 15.7 Removal of Board Member. The Members by a two-thirds (2/3) vote of all Members present and entitled to vote at any meeting of the Members at which a quorum is present, may remove any member of the Board, with or without cause, other than a member appointed by the Declarant during the Marketing Period. 15.8 Delivery of Association Documents. Within sixty (60) days after the Unit Owners other than the Declarant elect a majority of the members of the Board, the Declarant shall deliver to the Association all property of the Unit Owners and of the Association held by or controlled by the Declarant, including without limitation the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date the Marketing Period ends; (c) The Association funds or control thereof; (d) All of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association or all of the Declarant's tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common Elements, and inventories of these properties; (e) A copy of any plans and specifications, including any as -built drawings which may be available, used in the construction of the improvements in the Project which were completed within two years before the Declaration was recorded; (f) All insurance policies then in force, in which the Unit Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Project; (h) Any other permits issued by governmental bodies applicable to the Project and which are currently in force or which were issued within one year prior to the date on which Unit Owners other than the Declarant took control of the Association; (i) Written warranties of any contractor, subcontractors, suppliers, and manufacturers that are still effective; 30 • 0 0) A roster of Unit Owners and First Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) Employment contracts in which the Association is a contracting party; and (1) Any service contract in which the Association is a contracting party or in which the Association or the Unit Owners have any obligation to pay a fee to the persons performing the services. 15.9 Limitation of Liability of Certain Persons. To the fullest extent permitted by applicable law, a member of the Board or any Managing Agent shall not be liable for actions taken or omissions made in performance of his or her duties. Unless otherwise required by the Act, the Association and any employee or agent of the Association shall not be liable to any party for any action or failure to act with respect to any matter arising in connection with this Declaration if the action or failure to act was in good faith and without malice. ARTICLE 16 ASSESSMENT FOR COMMON EXPENSES 16.1 Obligation. All Owners shall be obligated to pay the assessments imposed by the Board to meet the Common Expenses of maintenance, operation and management of the Project. Until the Association makes a Common Expense assessment, the Declarant shall pay all common expenses. After any assessment has been made by the Association, assessments shall be made no less frequently than annually and shall be based on a budget adopted no less frequently than annually by the Association. 16.2 Apportionment. Except as otherwise provided in this Declaration, the percentage of Common Expenses to be paid by a Unit Owner shall be equal to such Owner's Allocated Interest in and to the Common Elements as set forth in Exhibit A, as the same may be amended from time to time. The Board shall have the right to establish a separate and additional budget for and levy assessments on the Mixed Use Building Units for expenses that are common solely to the Mixed Use Building. 16.3 Purpose of Assessments. The assessments levied by the Association through its Board shall be used for the purposes of promoting the health, safety, welfare and beneficial interests of the residents in the Project and for any other purpose reasonably related to the operation, maintenance and control of the Project, including, without limitation, costs of maintenance, repair and operation of the General Common Elements, expenses of management, taxes and special assessments unless separately assessed, insurance premiums for insurance coverage required by this Declaration or as otherwise deemed desirable or necessary by the Board, landscaping and care of grounds, common lighting, repairs and renovations, wages, water, sewer and utility charges, legal and accounting fees, management fees, expenses and 31 0 • liabilities incurred by the Board or the Managing Agent under or by reason of this Declaration, actions taken to enforce and ensure compliance with this Declaration or the terms and conditions of governmental approvals for the Project or any agreements relating to development of the Project, payment of any deficit remaining from a previous assessment period, the creation of a reasonable contingency or other reserve or surplus fund for the costs of maintenance, repair and renovation of the General Common Elements, cost and expenses reasonably required by local governing bodies to bring the Project into compliance with applicable laws, for the cost of utilities and other services to be provided by the Association, for proposed capital expenditures and to compensate or account for any shortfall resulting from non-payment by owners, other costs and expenses relating to the General Common Elements, and for any other purpose allowable under the Act. Particularly, the Assessments shall be used for maintaining, repairing and replacing the landscaping, sidewalks and snow melt system on the Project in a uniform and high standard of appearance and condition. 16.4 Excess Assessments. In the year in which there is an excess of assessments received over amounts actually used for the purposes described herein, and in the Bylaws, such excess may be applied against and reduce the subsequent year's assessments or be refunded to the members as the Board determines. 16.5 Interest. Any past -due common -expense assessment or installment thereof shall bear interest at the rate established by the Board not exceeding twenty-one percent (21 %) per annum or the maximum interest rate allowed by Colorado law, whichever is less. If, from time to time, no specific rate is established by the Board, the rate during such period shall be eighteen percent (18%) per annum. 16.6 No Waiver or Abandonment. No Unit Owner may be exempt from liability for payment of the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the assessments are made. 16.7 Benefit of Class of Owners. Any expense or portion thereof which the Board reasonably determines to be of benefit to or incurred by only one Owner or a group of Owners shall be borne by such Owner or such group. Any such expense shall be shared by the Owners within such group in accordance with their relative Allocated Interests in and to the Common Elements as specified in Exhibit A. 16.8 Misconduct; Negligence. If any Common Expense is caused by the misconduct or negligence of any Unit Owner, the Board may assess that expense exclusively against such Owner's Unit. 32 ARTICLE 17 INTENTIONALLY OMITTED ARTICLE 18 COLLECTION OF COMMON EXPENSES 18.1 Assessment Lien. Each Unit Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association annual Common Expense Assessments. Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association in accordance with Section 16.5 shall be the personal obligation of the Unit Owner at the time when the assessment or other charges became or fell due. The assessments of the Association shall be a continuing lien upon the Unit against which such assessment is made. Such lien for assessment shall attach from the due date of the assessment. A lien under this Section is prior to all other liens and encumbrances on a Unit except liens and encumbrances recorded before the recordation of the Declaration and liens for real estate taxes and other governmental assessments or charges against the Unit. A lien under this section shall also be superior to a First Mortgage on the Unit recorded before the date on which the assessment sought to be enforced became delinquent to the maximum extent allowed by the Act. To evidence the lien as herein permitted, the Board may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid indebtedness, the amount of accrued penalty or interest thereon, the rate at which interest will continue to accrue until the assessment is paid, and the name of the Owner of the Unit and a description of the Unit. Any such notice shall be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the Association's lien except that sale or transfer of any Unit pursuant to foreclosure of any First Mortgage, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any Common Expense Assessments thereafter becoming due, nor from the lien thereof. 18.2 Effect of Nonpayment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof shall bear interest at the rate as determined by the Board and the Association may assess a late charge thereon. Further, the Association may bring an action at law or in equity, or both, against any Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Owner's Unit. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments, charges or fees, including attorney fees and costs for any collection action or foreclosure, or monthly or other 33 • 0 installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. ARTICLE 19 INSURANCE 19.1 Insurance Required. Commencing not later than the time of the first conveyance of a Condominium Unit to a person other than a Declarant, the Association shall maintain, to the extent reasonably available: (a) Property insurance on the Common Elements for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the Board, the Association, the Managing Agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as a Unit Owner and Board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. The amount of coverage shall be determined by the Board; (c) Officers' and directors' personal liability insurance to protect officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. For purposes of this paragraph, neither the term "officers" nor the term "directors" shall include any officer or director, agent, employee of any independent professional manager or Managing Agent employed by the Association; and (d) The Association may carry any other insurance it considers appropriate, including insurance on Units it is not obligated to insure, to protect the Association or the Unit Owners. 19.2 Cancellation of Insurance. If the insurance described in Section 19.1 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 34 • 0 19.3 Specific Provisions. Insurance policies carried pursuant to Section 19.1 must provide that: (a) Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association; (b) The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household; (c) No act or omission by any Unit Owner, unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 19.4 Adjustment of Claims. 19.4.1 Any loss covered by the property insurance policy described in Section 19.1(a) must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association, Unit Owners and lienholders as their interests may appear. Subject to the provisions of Section 19.7, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Unit Owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the Project is terminated. 19.4.2 The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Unit Owners causing such loss or benefitting from such repair or restoration all deductibles paid by the Association. In the event that more than one Condominium Unit is damaged by a loss, the Association in its reasonable discretion may assess each Unit Owner a pro-rata share of any deductible paid by the Association. In the event insurance proceeds are payable on account of a loss to Limited Common Elements that this Declaration makes the responsibility of less than all the Owners to maintain, repair and replace, the Association shall utilize said proceeds for the repair and restoration of said Limited Common Elements and if said Owner(s) have incurred costs for repair 35 and restoration of said Limited Common Elements, the Association shall pay such proceeds to said Owners to the extent necessary to reimburse them for costs and expenses they have incurred in making repairs and restorations as required by this Declaration. 19.5 Owner's Responsibility for Insurance. An insurance policy issued to the Association does not obviate the need for Unit Owners to obtain insurance for their own benefit covering a Unit. Each Owner shall provide for the full replacement cost of their Unit and Building. Each Owner shall at the Owner's expense, obtain and at all times maintain property insurance on the Owner's Unit for broad form covered causes of loss and the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company's right of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Unit. Each Owner shall obtain and at all times maintain physical damage and liability insurance for such Owner's benefit, at such Owner's expense, covering the full replacement value of the Owner's personal property and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars ($500,000.00) with respect to bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to personal property, and if higher limits shall at any time be customary to protect against tort liability such higher limits shall be carried. In addition, an Owner may obtain such other and additional insurance coverage on the Unit as such Owner in the Owner's sole discretion shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate to decrease the amount which the Board, on behalf of all Owners, may realize under any policy maintained by the Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that insurance coverage. The Board may require an Owner who purchases additional insurance coverage for the Owner's Unit (other than coverage for the Owner's personal property) to file copies of such policies with the Association within thirty (30) days after purchase of the coverage to eliminate potential conflicts with any master policy carried by the Association. 19.6 Certificates of Insurance. An insurer that has issued an insurance policy for the insurance described in Section 19.1 shall issue certificates or memoranda of insurance to the Association and, upon request, to any Unit Owner or holder of a security interest. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association, and each Unit Owner and holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last -known addresses. 19.7 Damage Repair. all 0 • 19.7.1. Any portion of the Project for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Association or, if the damaged property is a Unit, by the Owner unless: (a) The Project is terminated as a common interest community pursuant to the provisions of this Declaration and the Act; (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (c) Unless otherwise required by operative state or local laws or regulations governing the public health or safety, the Owners representing Allocated Interests of eighty percent (80%) or more vote not to rebuild; or (d) Prior to the conveyance of any Unit to a person other than the Declarant, the holder of a deed of trust or mortgage on the damaged portion of the Project rightfully demands all or a substantial part of the insurance proceeds. 19.7.2 The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. If the entire Project is not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged area to a condition compatible with the remainder of the Project, and, except to the extent that other persons will be distributees, the insurance proceeds attributable to Condominium Units and Limited Common Elements that are not rebuilt must be distributed to the Owners of those Units and the Owners of the Units to which those Limited Common Elements were allocated, or to lienholders, as their interests may appear, and the remainder of the proceeds must be distributed to all the Unit Owners and lienholders in proportion to such Units' Allocated Interests. 19.8 Fidelity Insurance. If any Unit Owner or employee of the Association controls or disburses funds of the Association, the Association may obtain and maintain, to the extent reasonably available, fidelity insurance. If maintained, coverage shall not be less in aggregate than one years' current assessments plus reserves, as calculated from the current budget of the Association. 19.8.1 Any person employed as an independent contractor by the Association for the purposes of managing the Project must obtain and maintain fidelity insurance in an amount not less than the amount specified in this Section, unless the Association names such person as an insured employee in a contract of fidelity insurance. 19.8.2 The Association may carry fidelity insurance in amounts greater than required in this Section and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required in this Section. 37 0 0 19.9 Insurance Premiums are Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. ARTICLE 20 TERMINATION; OBSOLESCENCE 20.1 Termination Agreement; Obsolescence. The Project may be terminated only pursuant to a written agreement to terminate executed and acknowledged (or ratified and acknowledged in writing) by the Owners of Units to which 100% of the votes in the Association are allocated (a "Termination Agreement") in the event the Project is deemed obsolete. A Termination Agreement is effective when (a) the requisite number of Owners have executed and acknowledged it or a ratification of it, and (b) the Termination Agreement and all ratifications, if any, are recorded. A Termination Agreement will state a date after which it is automatically void unless it is effective by that date. A Termination Agreement will also state that, when it becomes effective, the Project is deemed terminated and the Association will sell the Project, including all Units and Common Elements, on behalf of all Owners, upon terms and conditions of sale approved by the Board, provided that those terms will be at least as favorable as the minimum terms set forth in the Termination Agreement. 20.2 Sale of Project. When a Termination Agreement becomes effective, the Project is deemed terminated, the Association will sell the entire Project (Le., all Units and all Common Elements) for the benefit of the Owners, and the resulting sales proceeds will be allocated in accordance with Section 20.3. Upon approval of a Termination Agreement, (a) each Owner (including dissenting Owners) is deemed to grant the Association, acting through its officers under the authority of the Board, an irrevocable power of attorney, coupled with an interest, to sell the Project for the benefit of the Owners, and (b) accordingly, the Association has full and complete authority, right and power to make, execute and deliver any contract, deed or other instrument necessary and appropriate to accomplish that purpose. Notwithstanding the termination of the Project, the Association (and its officers and the Board) will continue to exist and hold office, respectively, with all of its and their powers specified in this Declaration and the Bylaws (including, without limitation, the power to impose Assessments) until the Project is sold and all proceeds (i.e., sales proceeds and, if applicable, insurance proceeds or condemnation proceeds) are distributed. Unless otherwise specified in the Termination Agreement or otherwise precluded by law, until a sale of the Project is concluded, each Owner has an exclusive right to occupy its former Unit and remains liable for all Assessments and other obligations imposed on the Owner pursuant to this Declaration. 20.3 Proceeds. The Association will pay to each Owner its Unit's Termination Allocation of the net proceeds of the sale of the Project following termination of the Project (together with any insurance proceeds or condemnation proceeds). However, no payment will be made to an Owner 38 0 0 until all liens on its Condominium are paid out of the Owner's share of the proceeds, in the order of priority of such liens. A Unit's "Termination Allocation" means the percentage obtained by dividing the fair market value of the Condominium of which the Unit is a part by the total fair market values of all of the Condominiums. The valuation date used in determining the fair market value of each Condominium is the date immediately prior to the date the Termination Agreement becomes effective (or, if the termination is attributable to a Casualty where the Owners elect to terminate the Project pursuant to Section 19.7.1 (a), the valuation date is the date immediately prior to the date on which the Casualty occurred). The fair market value of each Condominium Unit as of the appropriate valuation date will be determined by one or more independent appraisers selected by the Board. The Association will distribute to the Owners the values determined by the independent appraisers. Those values are final and binding on all Owners for purposes of establishing the Termination Allocations unless within 30 days after distribution they are disapproved in writing by the Owners of Units to which at least 80% of the votes in the Association are allocated. ARTICLE 21 CONDEMNATION 21.1 Total Condemnation. If a Condominium Unit is acquired by eminent domain or part of a Condominium Unit is acquired by eminent domain, leaving the Unit Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, the condemnation award must include compensation to the Unit Owner for that Condominium Unit and its Allocated Interests whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides, that Condominium Unit's Allocated Interests are automatically reallocated to the remaining Condominium Units in proportion to the respective Allocated Interests of those Condominium Units before the taking. Any remnant of a Condominium Unit remaining after part of a Condominium Unit is taken under this Section 21.1 is thereafter a General Common Element. 21.2 Partial Condemnation. Except as provided in Section 21.1, if part of a Condominium Unit is acquired by eminent domain, the award must compensate the Unit Owner for the reduction in value of the Unit and its interest in the Common Elements whether or not any Common Elements are acquired. 21.3 Condemnation of Common Elements. If part of the Common Elements are acquired by eminent domain, that portion of any award attributable to the Common Elements taken must be paid to the Association. Any portion of the award attributable to the acquisition of a Limited Common Element must be paid to the Owner of the Unit to which that Limited Common Element was allocated at the time of acquisition. For the purposes of acquisition of a part of the Common Elements, service of process on the Association shall constitute sufficient 39 • notice to all Unit Owners, and service of process on each individual Unit Owner shall not be necessary. 21.4 Recordation of Decree. The court decree shall be recorded in the office of the Clerk and Recorder of the County of Pitkin. ARTICLE 22 STATEMENT OF ACCOUNT 22.1 Statement of Assessments. The Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a Mortgage or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a Mortgage or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments which were due as of the date of the request. 22.2 Grantee and Grantor Both Responsible. The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the Common Expenses and other assessments provided herein up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore, subject only to the limitations set forth in Section 22.1. The term "grantee" as used in this section shall not apply to the holder of any First Mortgage upon a Condominium Unit, or to any person or entity acquiring title to a Condominium Unit, by either sheriffs or public trustee's deed through foreclosure, or who acquires title by a deed given in lieu of foreclosure of a Mortgage. Nothing herein shall be construed to limit or diminish the Association's lien rights and priorities as set forth in Article 18 herein. ARTICLE 23 TERMINATION OF MECHANICS LIEN RIGHTS AND INDEMNIFICATION 23.1 Mechanics Liens. Subsequent to the completion of the improvements described on the Condominium Map, no labor performed or materials furnished and incorporated into a Unit with the consent or at the request of the Unit Owner or his agent or his contractor or subcontractor shall be the basis for filing of a lien against the Condominium Unit of another Owner not expressly consenting to or requesting the same, or against the Common Elements, except as to the undivided interest of the Unit of the Owner for whom such labor or materials shall have been furnished. 40 0 0 23.2 Indemnification. Each Owner shall indemnify and hold harmless each of the other Owners from and against any and all liability, loss or damage, including reasonable attorney's fees, that the other Owners incur as a result of the claims of any lien against the indemnifying Owner's Unit or any part thereof for labor performed, or for materials furnished in work on such Owner's Unit. ARTICLE 24 MORTGAGING A UNIT — PRIORITY 24.1 Encumbrances. Any Owner shall have the right from time to time to mortgage or encumber his interest in a Condominium Unit by a Mortgage. The Owner of a Condominium Unit may create junior mortgages on the following conditions: 24.1.1 That any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, liens for Common Expenses and other obligations created by this Declaration, the Articles of Incorporation, and Bylaws of the Association. 24.1.2 That the holder of any junior mortgage shall release, for the purpose of restoration of any improvements upon the Project, all of his right, title and interest in and to the proceeds under insurance policies upon said Project wherein the Association is named insured. Such release shall be furnished upon written request by the Association. ARTICLE 25 PROPERTY FOR COMMON USE 25.1 Association Property. The Association may acquire for the use and benefit of all of the Owners, real and personal property and may dispose of the same by sale or otherwise, and any such property shall be deemed General Common Elements. ARTICLE 26 DEVELOPMENT RIGHTS, SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 26.1 Development Rights and Special Declarant Rights. Declarant hereby reserves the following Development Rights and Special Declarant Rights. Except for the rights reserved in Section 26.1.1, the following Development Rights and Special Declarant Rights are reserved for a time period of fifteen (15) years commencing on the date of the execution of this Declaration. 26.1.1 Completion of Improvements. The right to complete the Project, including all Units, Buildings, Common Elements and Improvements. This right is reserved for: 41 0 0 1) the maximum period of time allowed by the Act; or 2) until the last Building is completed. Notwithstanding the foregoing, if any law or court determination requires the statement of a fixed number of years within which the exercise of the rights herein reserved must be exercised or lost, then in such case, the foregoing rights shall be reserved for fifty (50) years. The foregoing rights shall include, without limitation, the expansion of the size of the roof top deck located above the Residential Unit, provided that such expansion does not extend beyond the perimeter of the Roof Level of the Mixed Use Building as shown on the Condominium Map as originally recorded and such expansion has received all necessary approvals from the City of Aspen and the HPC. 26.1.2 Exercise of Development Rights. The right to exercise any Development Right reserved in any other provision of this Declaration, such as the rights to combine and subdivide Units pursuant to Sections 6.5 and 6.6. 26.1.3 Sales Management and Marketing. The right to maintain a sales and management office in any Unit(s) designated by Declarant from time to time, upon written notice to the Board, the right to maintain signs advertising the Project, and the right to maintain a sales model Unit in any Unit owned by the Declarant. The sales and management office and models shall be considered Units and may be sold by the Declarant. 26.1.4 Construction Facilities. The right of the Declarant and its employees, representatives, agents, and contractors to maintain on the Project temporary construction facilities and construction materials, staging yards, and other facilities reasonably required during the construction and sale period for the Condominium Units, and during the period for construction and sale of Units. 26.1.5 Construction Easements. The right to use easements through the Common Elements for the purpose of making improvements within the Project or within real estate which may be added to the Project, and the right to use, and to permit others to use, easements through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration. Association. 26.1.6 Master Association. The right to make the Project subject to a Master 26.1.7 Intentionally Omitted. 26.1.8 Control of Association and Board of Directors. The right to appoint or remove any Officer of the Association or any Board member during the Marketing Period. 42 26.1.9 Amendment of Declaration. The right to amend the Declaration or to execute and record a supplement thereto in connection with the exercise of any Development Rights. 26.1.10 Amendment of Map. The right to amend the Map in connection with the exercise of any Development Rights. 26.2 Additional Reserved Rights. In addition to the Development and Special Declarant Rights set forth in Section 26.1 above, Declarant also reserves the following additional rights (the "Additional Reserved Rights"): 26.2.1 Dedications. The right to establish, from time to time, by dedication or otherwise, utility and other easements or Common Elements for purposes including but not limited to paths, walkways, water service, sewer service, electric service, cable service, telephone service, gas service, drainage facilities or structures, recreation areas, parking areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions for the benefit of and to serve the Unit Owners within the Project. 26.2.2 Use Agreements. The right to enter into, establish, execute, amend, and otherwise deal with contracts and agreements for the use, lease, repair, maintenance or regulation of Common Elements, for the benefit of the Unit Owners and/or the Association. 26.2.3 Other Rights. The right to exercise any additional reserved right created by any other provision of this Declaration or otherwise permitted by the Act. 26.3 Temporary Construction Easement. For a period of 180 days after the recording of this Declaration, Declarant reserves for itself and any assignee, a temporary easement on and across the entire Project for the purposes of storing or locating during construction any of the Buildings which are designated as historic by the City of Aspen. On the expiration of such 180 days, the Declarant's right to use the temporary construction easement shall be void and of no further force and effect. 26.4 Rights Transferrable. Any Development Right, Special Declarant Right or Additional Reserved Right created or reserved under this Article for the benefit of Declarant may be transferred to any Person by an instrument describing the rights transferred and recorded in Pitkin County. Such instrument shall be executed by the transferor Declarant and the transferee. 26.5 Unilateral Rights Reserved by Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant, acting alone, reserves to itself the right and power to modify supplement and amend this Declaration and the Map to the fullest extent permitted under the Act including, without limitation, to correct clerical, typographical or technical errors. Unless 43 a shorter period of time within which to exercise this right is provided for in the Act, this right shall be exercised not later than June 1, 2016. ARTICLE 27 OWNER'S ACKNOWLEDGMENTS AND WAIVERS 27.1 Owner's Acknowledgments. (a) Acknowledgments. (i) Mountain Resort Activities. The Project is located in proximity to skiing facilities, other all -season recreational areas and an urban village core and improvements associated therewith (the "Mountain Resort Areas"). The Mountain Resort Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances from activities relating to the construction, operation, use and maintenance of the Mountain Resort Areas (the "Mountain Resort Activities"). The Mountain Resort Activities include, without limitation: (i) movement and operation of passenger vehicles (including, without limitation, buses, vans and other vehicles transporting passengers over adjacent streets and over, around and through the Mountain Resort Areas), commercial vehicles, and construction vehicles and equipment; (ii) activities relating to the construction, operation and maintenance of roads, trails, walkways, pedestrian malls and other facilities relating to the Mountain Resort Areas (including, without limitation, grading and earth moving and other construction activities, construction, operation and maintenance of roads, snow -melting equipment, busses or other transportation systems, operation of vehicles and equipment relating to trash removal and snow removal); (iii) activities relating to the use of the Mountain Resort Areas (including, without limitation, pedestrian traffic); (iv) ski races, snowboarding exhibitions and other organized events and competitions relating to the Mountain Resort Areas; (v) concerts, open markets, fireworks displays, and other performances and special events; (vi) restaurants, clubs, restrooms and other public use facilities; (vii) public access to adjacent to the ski areas; (viii) public parking facilities and the traffic related thereto; (ix) and other activities permitted by law. The Mountain Resort Activities may occur during daytime and nighttime. (ii) Construction Activities. The Project is located in an area that is subject to or near current and/or future construction activities relating to the development of adjacent properties and the Mountain Resort Areas (the "Construction Activities"). The Construction Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Construction Activities may include, without limitation: (1) construction traffic (including, without limitation, construction vehicles, equipment and vehicles used or owned by the Commercial Unit Owners, nearby landowners, and the employees, agents and contractors of either of them); and (2) construction activities (including, without limitation, grading, excavation, clearing, site work and construction of indoor and outdoor improvements) relating to the Project, nearby properties or the Mountain Resort Areas. 44 (iii) Commercial Activities. A variety of commercial activities are and will be conducted in and adjacent to the Project (the "Commercial Activities"). The Commercial Activities are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances. The Commercial Activities may include, without limitation: (1) retail sales; (2) meetings, conferences, banquets and other group events; (3) sales and rentals of clothing, skis, ski -related equipment, other over -the -snow equipment, bicycles, and other recreational equipment; (4) indoor and outdoor restaurant and bar operations (including, without limitation, the sale of food and alcoholic and non-alcoholic beverages for consumption on and immediately adjacent to the Project and at other locations) and preparation of hot and cold food (through the use of barbecue grills, fire pits and other smoke and/or odor producing means) and beverages at indoor and outdoor facilities on and immediately adjacent to the Project; (5) sales of services relating to skiing, other over -the -snow activities, and other recreational activities (including, without limitation, tuning, waxing, repairing, mounting of bindings on, renting, storing and transporting skis, snowboards and similar equipment); (6) parking activities (including, without limitation, public parking); (7) the installation, operation and maintenance of illuminated and non -illuminated signage; and (8) any other uses or activities permitted by law. The Commercial Activities may occur during daytime and nighttime. Nothing in this paragraph is intended to modify the use restrictions for Units set forth elsewhere in this Declaration. (iv) Traffic Activities and Parking. The Project is located adjacent to certain heavy traffic areas of E. Hopkins Avenue and Spring Street in downtown, Aspen, Colorado (the "Traffic Areas"). The Traffic Areas are expected to generate an unpredictable amount of visible, audible and odorous impacts and disturbances (the "Traffic Activities"). The Traffic Activities may include, without limitation, (i) noise and pollution associated with the use and maintenance of the Traffic Areas; (ii) peak -time traffic congestion; and (iii) public parking on E. Hopkins Avenue and Spring Street. The Traffic Activities may occur during daytime and nighttime. (v) Historical Preservation Status. Each Owner, for itself and its successors and assigns acknowledges that the Project is subject to a Historic Designation defined in the Land Use Code (the "Historical Preservation Status"). Accordingly, components within the Project, including, but not limited to, structural, mechanical, electrical, plumbing and insulation components (i) may not meet current Land Use Code requirements or those implemented from time to time, (ii) may not function or operate like newly constructed components which may have financial and other impact to Owners, and (iii) improvements located thereon shall not be modified, repaired or replaced except and unless applicable approvals are obtained in writing from the City of Aspen and any applicable national registry entity. (b) Waiver and Release. Each Owner, for itself and its successors and assigns, acknowledges that the Mountain Resort Activities, the Construction Activities, Traffic 45 Activities, Commercial Activities, and Historical Preservation Status, and the effects, impacts and disturbances generated by them, may occur in and around the Project. Each Owner may not assert or claim any violation of this Declaration based on the existence or occurrence of the Mountain Resort Activities, the Construction Activities, Traffic Activities, Commercial Activities, or the Historical Preservation Status, or the effects, impacts and disturbances generated by them. Each Owner, for itself and its successors and assigns, forever waives and releases any actions or claims the Owner and its successors and assigns may have against the Declarant and its successors and assigns which in any way arise out of the impacts and disturbances generated from the Mountain Resort Activities, the Construction Activities, Traffic Activities, Commercial Activities, or the Historical Preservation Status. (c) Disclaimer. The Declarant makes no representations, covenants or warranties to any Owner concerning the nature, scope, schedule or continuation of activities operated or conducted in or relating to the Mountain Resort Areas, Traffic Areas or the Commercial Activities. Each Owner, for itself and its successors and assigns, acknowledges that (1) the activities may be discontinued from time to time or permanently after the date of this Declaration; (2) the activities may not be operated or conducted during the same hours, days or months as any schedule in effect or contemplated on the date of this Declaration; (3) the activities may be conducted during more hours (during both daytime and nighttime), days, and months than any schedule in effect or contemplated on the date of this Declaration; and (4) more activities may be operated or conducted in the Mountain Resort Areas, Traffic Areas or the Project than occur or are contemplated on the date of this Declaration. 27.2 NO View Easement. Notwithstanding any representation made to any Owner to the contrary by the Declarant, any real estate agency or brokerage, or any agent, employee or representative of the Declarant, each Owner acknowledges and agrees, there is no easement or other right, express or implied, for the benefit of the Units or the Project for light, view or air included in or created by this Declaration or as a result of the Owners owning the Units. 27.3 Security. NEITHER THE ASSOCIATION, DECLARANT, OR ITS AFFILIATES SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROJECT, AND NEITHER THE ASSOCIATION, THE DECLARANT NOR ITS AFFILIATES SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY, INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN, OR ACTS OF THIRD PARTIES. ALL OWNERS, TENANTS, GUESTS, AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, THE DECLARANT AND ITS AFFILIATES ARE NOT INSURERS AND THAT EACH OWNER, TENANT, GUEST, AND INVITEE ASSUMES ALL RISK OF LOSS OR DAMAGE TO PERSONS, TO UNITS, AND TO THE CONTENTS OF UNITS, AND FURTHER ACKNOWLEDGE THAT THE ASSOCIATION, DECLARANT AND ITS AFFILIATES HAVE MADE NO REPRESENTATIONS OR WARRANTIES, NOR HAS ANY OWNER, TENANT, GUEST, 46 0 0 OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY SECURITY MEASURES RECOMMENDED OR UNDERTAKEN ON THE PROJECT. 27.5 Drainage and Soils Condition; Radon Gas. (a) Acknowledgment. THE SOILS WITHIN COLORADO CONSIST OF BOTH EXPANSIVE SOILS AND LOW -DENSITY SOILS WHICH MAY ADVERSELY AFFECT THE INTEGRITY OF A UNIT OR A COMMON ELEMENT IF SUCH UNIT OR COMMON ELEMENT IS NOT PROPERLY MAINTAINED. EXPANSIVE SOILS CONTAIN CLAY MINERALS WHICH HAVE THE CHARACTERISTIC OF CHANGING VOLUME WITH THE ADDITION OR SUBTRACTION OF MOISTURE, THEREBY RESULTING IN SWELLING AND/OR SHRINKING SOILS. THE ADDITION OF MOISTURE TO LOW -DENSITY SOILS CAUSES A RE -ALIGNMENT OF SOIL GRAINS, THEREBY RESULTING IN CONSOLIDATION AND/OR COLLAPSE OF THE SOILS. 27.6 Mountain Conditions. By taking title to a Unit, each Owner acknowledges that ownership of real property in mountain areas involves certain inherent inconveniences. These include, but are not limited to, (i) dripping water onto decks and porches from snowmelt, (ii) snow and ice build-up on roofs, decks and porches during winter months, and the need to remove snow and ice to prevent leaking or damage to these structures, (iii) the need to maintain the internal temperature of the Unit at a minimum temperature of 55 degrees in order to prevent broken pipes, and (iv) other inconveniences arising from the sometimes severe winter conditions. 27.7 Sound Transmission Disclaimer. EACH OWNER HEREBY ACKNOWLEDGES AND AGREES THAT SOUND AND IMPACT NOISE TRANSMISSION IN A MIXED -USE BUILDING SUCH AS THE PROJECT INCLUDES IS VERY DIFFICULT TO CONTROL, AND THAT NOISES FROM ADJOINING OR NEARBY RESIDENCES, THE OFFICE UNITS AND THE COMMERCIAL UNITS AND THE PARKING AND SURROUNDING DEVELOPMENT AND/OR MECHANICAL EQUIPMENT CAN AND WILL BE HEARD IN THE UNITS. NEITHER THE DECLARANT NOR THE ASSOCIATION MAKES ANY REPRESENTATION OR WARRANTY AS TO THE LEVEL OF SOUND OR IMPACT NOISE TRANSMISSION BETWEEN AND AMONG UNITS, AND EACH OWNER HEREBY WAIVES AND EXPRESSLY RELEASES, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW AS OF THE DATE OF THIS DECLARATION, ANY SUCH WARRANTY AND CLAIM FOR LOSS OR DAMAGES RESULTING FROM SOUND OR IMPACT NOISE TRANSMISSION. 47 ARTICLE 28 REVOCATION OR AMENDMENT OF DECLARATION 28.1 Revocation. This Declaration shall not be revoked unless all of the Owners and all of the holders of any First Mortgage covering or affecting any or all of the Condominium Units consent to such revocation by an instrument(s) duly recorded in the real property records of Pitkin County, Colorado; except only as otherwise provided in Articles 19, 20 and 21 pertaining to the appointment of the Association as attorney -in -fact in the event of damage, destruction, obsolescence or condemnation of the Project. 28.2 Amendment. This Declaration shall not be amended or supplemented except as otherwise herein provided, unless the Owners representing Allocated Interests of sixty-seven percent (67%) or more, and, during the Marking Period, the Declarant, all consent and agree to such amendment by instrument(s) duly recorded; provided, however, that: (a) The percentage of the undivided interest in the Common Elements appurtenant to each Unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all of the Unit Owners expressed in an amended Declaration duly recorded; and (b) No such amendment shall increase the proportionate expenses chargeable against any Unit or Owner thereof without the unanimous consent of the Unit Owners affected thereby expressed in an amended Declaration duly recorded. 28.2.1. Notwithstanding the provisions of this Article 28, in the event of the combination or division of a Condominium Unit or Units pursuant to the reservations set forth in Section 6.5, the Owner or Owners of the Condominium Unit or Units subject to such combination or division and the holders of any recorded First Mortgage covering or affecting any such Condominium Unit or Units may amend this Declaration to reflect the adjustment (which adjustment shall be based upon the relative square footage of the resulting spaces) between the resulting spaces and the Owner or Owners thereof with respect to the Allocated Interests attributable to such resulting spaces; provided, that any such amendment shall not increase or decrease the percentage ownership in the Common Elements of, or the percentage of Common Expenses to be paid by, any Unit Owner not involved in such combination or division. 28.2.2 Notwithstanding any other provisions of this Article 28, in the event of the exercise of any Development Rights by the Declarant pursuant to Article 26 hereof, the Declarant may amend the Declaration to reflect any adjustment between the resulting spaces and the Owner or Owners thereof with respect to the ownership interest in the Common Elements and the percentage of Common Expenses attributable to such resulting Units; provided, that any such amendment shall not increase or decrease the ownership interests in the Common Elements 48 • 0 of, or the percentage of Common Expenses to be paid by, any Owner not involved in such combination, division or partition. 28.3 Challenge to Amendments. No action to challenge the validity of an amendment adopted by the Association pursuant to this section may be brought more than one year after the amendment is recorded. 28.4 Recordation. Every amendment to the Declaration must be recorded in every county in which any portion of the Project is located and is effective only upon recordation. An amendment must be indexed in the grantee's index in the name of the Project and the Association and in the grantor's index in the name of each person executing the amendment. 28.5 Unanimous Consent Required for Certain Amendments. Except as otherwise provided in this Declaration or the Act, no amendment may create or increase Special Declarant Rights, increase the number of Units, change the boundaries of any Unit or the Allocated Interests of a Unit, change the allowed uses for a Unit or change the uses to which any Unit is restricted, in the absence of securing the consent of 100% of the Unit Owners. 28.6 Association Certification. Amendments to the Declaration required by this Article to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association. In the event of an amendment to the Declaration or the Condominium Map by the Owners, the Association shall record the amendment by the Owners with a certificate from the Association by any officer designated for that purpose, or, in the absence of the designation, by the president, that requisite number of Owners have consented to the amendment. 28.7 Expenses. All expenses associated with preparing and recording an amendment to the Declaration shall be the sole responsibility of: (a) In the case of an amendment pursuant to reallocation of boundaries between adjoining Units, and subdivision of Units, the Unit Owners desiring the amendment; and (b) In all other cases, by the Association. ARTICLE 29 MISCELLANEOUS 29.1 Registration by Owner of Mailing Address. Each Owner shall register his mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by 49 • 0 regular United States Mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands or other notices intended to be served upon the Board or the Association shall be sent by regular United States Mail, postage prepaid, to the address of the Association as designated in the Articles of Incorporation and Bylaws of the Association. 29.2 Additional Rights of First Mortgagees. In addition to any other rights provided in this Declaration, any First Mortgagee who shall make a request in writing to the Association, shall have the following additional rights: 29.2.1 To be furnished a copy of the annual financial statement of the Association, such statement to be furnished at the time the same is furnished to the Owners. 29.2.2 To be given written notice by the Association of any meeting of the Association called for the purpose of considering any amendment, revocation or change to the Declaration or Articles of Incorporation. Such notice shall state the nature of any such change being proposed. 29.2.3 To be given written notice of any default by an Owner of a Condominium Unit encumbered in favor of the First Mortgagee in the performance of any duty or obligation required hereunder or under the Articles of Incorporation, Bylaws, or rules and regulations of the Association, which default remains uncured more than 30 days following notice to the defaulting Owner. 29.2.4 Upon reasonable notice to examine the books and records of the Association during normal business hours. 29.3 Severabiliity. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. 29.4 Applicability of the Act. The provisions of this Declaration shall be in addition and supplemental to the Act, as herein defined. 29.5 Gender. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 29.6 Applicable Law. This Declaration is filed in the records of Pitkin County, Colorado and it is agreed that the proper jurisdiction and venue of any action pertaining to the 50 interpretation or enforcement of this Declaration shall be in the District Court of Pitkin County, Colorado. 29.7 Binding Agreement. It is understood and agreed that this Declaration shall be binding upon the heirs, executors, administrators and assigns of the parties hereto. 29.8 Reference to Ownership Interests. Whenever in this Declaration or in the Articles of Incorporation or Bylaws of the Association reference is made to a specific percentage interest of Owners, such reference shall be deemed to mean the total aggregate appurtenant interest in and to the Common Elements as reflected in Exhibit A attached hereto and as may be amended from time to time, unless the context otherwise requires, shall not be deemed to mean a percentage of owners by number of individual persons, partnerships, corporations or other entities. 29.9 Reservations by Declarant. Declarant reserves to itself and hereby grants to the Association the right to establish from time to time by dedication or otherwise, so long as same does not unduly interfere with the rights of any Unit Owner, utility and other easements, for purposes including but not limited to paths, walkways, drainage or recreation areas, land areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions consistent with the condominium ownership of the Project to the best interest of all the owners and the Association in order to serve all the Owners within the Project. 29.10 Association as Attorney -in -Fact; Power of Attorney. This Declaration does hereby make the irrevocable appointment of the Association as attorney -in -fact for all Owners to deal with the condominium property upon its destruction, obsolescence, repair or reconstruction or condemnation, and title to each Unit is declared and expressly made subject to the terms and conditions hereof and acceptance by the grantee of a deed from the Declarant or from any Owner shall irrevocably constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the Condominium Property upon its destruction, obsolescence, repair or reconstruction. In the event the Condominium Property is sold by the Association, as attorney -in -fact, pursuant to Articles 19-21, the Association shall record a notice in the office of the Clerk and Recorder of Pitkin County, Colorado, setting forth the circumstances of such sale, and this Declaration shall wholly terminate and expire upon the recording of such notice. 29.11 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights -of -way, liens, charges, and other provisions contained in this Declaration, the Articles, the Bylaws, and the rules and regulations of the Association, all as amended, shall be by any proceeding at law or in equity against any person or persons, including the Association, violating or attempting to violate any such provision. The Association and any aggrieved Owner shall have the right to institute, maintain, and/or prosecute any such proceedings, and the Association shall further have the right (after notice and an opportunity to be heard) to levy and 51 collect fines for the violation of any provision of the aforesaid documents. In any action instituted or maintained under this Section, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. 29.12 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. This Declaration is made subject to any existing easements, reservations, restrictions or rights of way of record. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only for the period of the life of Gregory P. Hills, his now living descendants, and the survivor of them, plus 21 years. 52 LJ • IN WITNESS WHEREOF, the Declarant has executed this Condominium Declaration as of , 2015. DECLARANT: ASPEN BLOCK 99, LLC, a Colorado limited liability company By: Austin Lawrence Partners, LLC, a Colorado limited liability company, Manager Gregory P. Hills, Manager STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) Subscribed and sworn to before me this day of , 2015, by Gregory P. Hills, as Manger of Austin Lawrence Partners, LLC, a Colorado Limited Liability Company, as Manager of Declarant, Aspen Block 99, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 53 Notary Public s EXHIBIT A TO CONDOMINIUM DECLARATION OF ASPEN BLOCK 99 CONDOMINIUMS Unit Unit Square Footage Allocated Interests Votes Based on % of S.F. Allocated Interests - All Units Barn Commercial Unit 463 7.22 % 7.22 Cabin Commercial Unit 1902 29.66 % 29.66 Office Unit One 826 12.88 % 12.88 Office Unit Two 292 4.55 % 4.55 Residential Unit 2930 45.69 % 45.69 TOTAL 6413 100 % 100 Allocated Interests — Mixed Use Building Office Unit One 826 20.5 % 20.5 Office Unit Two 292 7.2 % 7.2 Residential Unit 2930 72.3 % 72.3 TOTAL 4048 100 % 100 0 • EXHIBIT B TO CONDOMINIUM DECLARATION FOR ASPEN BLOCK 99 CONDOMINIUMS 1. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded in Book 59 at Page 573 providing as follows: "That no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws". 2. All ore and mineral bearing rock beneath the surface of subject property as granted by instrument recorded June 6, 1891 in Book 98 at Page 470. 3. Multipurpose Easement Agreement for electric and communication utilities as set forth in instrument recorded June 15, 1976 in Book 313 at Page 285 as Reception No. 184654. 4. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded July 26, 2012 as Reception No. 590892 as Resolution No. 14. 5. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Aspen Historic Preservation Commission recorded October 9, 2012 as Reception No. 592925 as Resolution No. 23. 6. Easements, rights of way and all matters as disclosed on Survey of subject property recorded January 4, 2013 in Plat Book 101 at Page 5 7. Terms, conditions, provisions and obligations as set forth in Encroachment and Temporary Construction Easement Agreement recorded December 9, 2013 as Reception No. 606332 8. Easements, rights of way, and all matters as shown on the City of Aspen Map. Ah Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Name: Property Owner ("I" ): Email: Aspen Block 99 LLC greg@alpaspen.com Phone No.: 970-920-4988 Address of Property: 628-625 East Hopkins Ave. (subject of Aspen, CO 81611 application) i R 2ni� I certify as follows: (pick one) 0 This property is not subject to a homeowners association or other form of private covenant. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. ❑ This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: Owner printed name: or, Attorney signature: Attorney printed name: Herbert S. Klein, Esq. date: date: • K C KLEIN COTE EDWARDS CITRON LLC E C ATTORNEYS HERBERT S. KLEIN* hsk@kceclaw.com ✓ LANCE R. COTE, PC" cote@kceclaw.com JOSEPH E. EDWARDS, III, PC jee@kceclaw.com KENNETH E. CITRON"' kcitron@kceclaw.com MADHU B. KRISHNAMURTI mbk@kceclaw.com .also admitted in Hawaii "also admitted in California "'also admitted in New York and Massachusetts March 12, 2015 VIA HAND DELIVERY Jennifer Phelan, Deputy director Community Development Department City of Aspen 130 S. Galena Street 3rd Floor Aspen, CO 81611 101 SOUTH MILL STREET SUITE 200 ASPEN, COLORADO 81611 TELEPHONE: (970) 925-8700 www.kcectaw.com RE: Application for Condominiumization of property located at 623-625 E. Hopkins Avenue, Aspen, Colorado; Lots E and F, Block 99, City and Townsite of Aspen (the "Property"). Parcel ID: 2737-182-12-001. Dear Jennifer, This letter and the accompanying documents are an application for approval of the condominiumization of the above described Property, owned by Aspen Block 99 LLC, a Colorado Limited Liability Company. Attached herewith are one copy of the following documents and forms: 1. Completed Land Use Application and signed fee agreement along with a check for $925.00 for the planning office and engineering department processing fees. 2. Pre -application Conference Summary. 3. Letter from owner authorizing the undersigned to act as its representative and providing the name, address and phone number of the Owner and the undersigned representative. 4. Title Certification Letter from the undersigned. 5. Draft Condominium Plat. 6. Draft Condominium Declarations. 7. HOA Compliance form. 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. E • Jennifer Phelan March 12, 2015 Page 2 of 3 Brief Description of the Project: This application seeks approval to condominiumize the Property into five condominium units located in three buildings, consisting of one "Barn Commercial Unit", one "Cabin Commercial Unit", two "Office Units" and one "Residential Unit." The two Commercial Units are each located in separate buildings, referred to on the Plat and in the Declarations as the "Barn Commercial Unit Building" and the "Cabin Commercial Unit Building". The Office Units and the Residential Unit are located in a single mixed -use building referred to as the "Mixed Use Building." Although the Office Units are titled as "Office Units", they are allowed the same uses as the Commercial Units. Written Responses To All Review Criteria. Responses to the review criteria are set forth below along with the review standards contained in Sec. 26.480.050 of the City Land Use Code, which is shown in italic font and states in pertinent part as follows: 26.480.050. Administrative subdivisions. The following types of subdivision shall be approved, approved with conditions, or denied by the Community Development Director, pursuant to Section 26.480.030 — Procedures for Review, and the standards and limitations of each type of subdivision, described below: A. Condominiumizatiom A subdivision to establish, amend, or vacate separate ownership interests of a single property in a Condominium or Common Ownership Interest Community form of ownership shall be approved, approved with conditions, or denied by the Community Development Director. Condominiumization shall be limited to allocating ownership interests of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation of the parcel with other lands, a change in use of the property, and shall not operate as an abatement of other applicable regulations affecting the property. The Director shall review the condominiumization plat pursuant to Section 26.480.030, Procedures for Review, and according to the following standards: RESPONSE: The requested condominiumization complies with this criteria. It will not effect a division of the parcel into multiple lots, nor is it an aggregation of the parcel with other lands, nor is it a change in use of the property, nor does it operate as an abatement of other applicable regulations affecting the property. B. 1. The Condominium Plat is in an acceptable style and format as prescribed in Title 29 — Engineering Design Standards, Plats. 2. The Condominium Plat shall be reviewed and then recorded in the office of the Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or entered into between the Jennifer Phelan March 12, 2015 Page 3 of 3 applicant and the City unless the Community Development Director determines such an agreement is necessary. RF,SPONSF: The Plat is in the style and format as prescribed in Title 29 — Engineering Design Standards, Plats. Once approved, the Plat will be recorded as required. After you have reviewed this application and determined it is complete, I will provide additional copies of the documents that you may request. Thank you very much for your consideration of this application. Please let me know if you have any questions or comments. Very truly yours, KLEIN COTE EDWARDS CITRON LLC By: Herbert S. Klein Agreement to Pay Application Fees 00z1.z0fs.NS�-�-t am a reement between the city of Aspen('City") and Property Aspen Block 99 LLC Phone ail:gre "@al4as en.com Owner Cl'): Emai1:9 9 P P op ins ve. Billing 532 E. Hopkins Avenue Address of Address: Aspen, Co. 81611 Property: (subject of (send bills here) application) -' 1 understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 0 ® Select Dept 0 0 0 flat fee for Select Dept +;! flat fee for _ $ 0 ® Select Dept O 0 ® flat fee for Select Review flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is lv impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid In full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $650.00 ' deposit fort hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $275.00 " deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Property Owner: Chris Bendon Community Development Director City use: �/s O Fees Due: $0 Received: S Z_L _ s e �19C UU-�anager p Name: yr reg s, i 3 2015 C)o t 1 • 20 J 5 ' A-sL q* IIAn Agreement to Pay Application Fees Anagreement between the Uty of Aspen -t.:it ana Property Phone No.: 970-930-1754 Owner ("I"): Gateway Aspen, LLC Email: michael.brown@haymax.com Address of Billing Property: 928 W. Hallam Street Address: 605 W. Main Street, Suite 2 (subject of Aspen, CO 81611 (send bills here) Aspen, CO 81611 application) I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are non-refundable. $ 650 flat fee for Parks v 11 flat fee for $ flat fee for flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. 1 agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. $ 1,300 ✓ deposit for 4 hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $325 per hour. $ 275 ✓ deposit for 1 hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour. City of Aspen: Chris Bendon Community Development Director Property thvner: Name: Michael H. Brown City Use: Title: Managing Member Fees Due: $ Received: $ �1 0 O 4 0 D EVO N SANTY ASLACIATE STAN CLAUSON ASSOCIATES INC \ �11 landscape architecture. planning.resort design 412 North Mill Street Aspen, Colorado 81611 t-970/925-2323 devon@scaplanning.com www.scaplanning.com ,4 i SHEET INDEX SHEET 1 TITLE, CERTIFICATES & EXISTING SITE CONDITIONS SHEET 2 BASEMENT LEVEL PLAN SHEE T 3 LEVEL ONE FLOOR PLAN E SHEET 4 RESIDENTIAL UNIT LEVEL 2 AND LEVEL 3 FLOOR PLANS SHEET 5 CABIN AND BARN BUILDING SECTIONS SHEET 6 MIXED USE BUILDING SECTIONS UNIT AREAS MIXED USE BUILDING RESIDENTIAL UNIT 2,930 SQ.FT. OFFICE SPACE NO. 1 826 SQ.FT. OFFICE SPACE NO.2 292 SQ.FT. GARAGE 465 SQ.FT. PARKING CRAWLSPACE 1,447SQ.FT. ,` KIOSK CABIN COMMERICAL UNIT 1902 SQ.FT. \ BARN COMMERICAL UNIT 463 SQ.FT. Found no. s REBAR NOTE: UNIT AREAS WHERE CALCULATED USING THE & YELLOW PLASTIC CAP ILLEGBLE BUILDING OWNERS AND MANAGERS ASSOCIATION INTERNATIONAL (BOMA) STANDARD: BUILDING EXTERIOR, MIDWALL INTERIOR FOR ADJACENT UNITS, EXTERIOR OF SUBJECT UNIT WALL WHERE ADJOINING LIMITED COMMON ELEMENT (LCE) OR GENERAL COMMON ELEMENT (GCE). D / U z , / o U / W a U / Ck / SITE BENCH MARK SET 5 REBA R A ��G`� N0. & YELLOWIT Pt GO CAP E , MARKED PROP CORNER \ LS 936 OF F'CE ELEVATION:792HCE U N/ N0 2 w r U W wAYz o EN a° z o tD 'p 00 O Z Q lr 6 3 i�#. • 6 q i i O 0_ Q w ,a=%¢ ..99 �' ' .t� :. . t� �vN gip= / . z f w� 4 I � I,. • � z q a' ,' � w ,, . „-._,�,.,, - , W %I z,. S Z 00 O D ff Q x Ld r s ,y1 (�ti /;,. +r S• "w 1',, 4 ^'.,�` �4, O LO JmXp Ho x z ° e I�•: A i75.0' a�w;w ,"ea fd�! tea` ° a, ,e m SPHA� WIDE .,9.,. .,. ,....,. e <. h. t \.„ r® ;.fw"s"^m.Yv .'• s,.`. ;. •. D D CON -RE T ROADW AY :. r GUAR 3 PURPOSE OF THIS CONDOMINIUM IS TO CONDOMINIUMIZE ° a . > .• P : CONCRE .: �° ° D ° ° `� • ry. � � If _ d:' +w+ �}, wb . • �; 1E DRA1 1 a ° I/V SIDE[yq�K, D/N ALL OF LOT F AND LOT G BLOCK 99 INTO 5 CONDOMINIUM UNITS$g � (B .. �° >. > .� .° : � r � § b ':��e� , *,° � w� :.�a�� � � A'�^" ,s1` .� y� � Asa �, z CITY AND TOWNSIT F ASPEN ��$ o �AS/S ° D• .. p ° R , ° E 0 E o w, ,� y '. r ,. s m.,, so Of BE � � ��,F � fit, `,', t � gs a5 at, �,;: � ° .� /,/ O9 1 1 �r CARING a .. , .. e. a '§ S t ' '�`k Wk `,✓, `W4 a.. ` fa a - (n / A' S) OUND 0. 5 REBAR ° •��+ sO, 00, D e . ° .. & RED PLASTIC CAP `° % e w q W MARKED. PLS 13129 SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. � � a � � ��� �t�� � Ld ������X�%/. e s, , . ' .. COUNTY OF PITKIN, STATE OF COLORADO ::�.�� ;�., n.,� t 4. I , >1, k C F T'•av � 'Rmi+. L ff „`^„ " h \ 2A Yi 4 \ VICINITY MAP •_ OWNERS CERTIFICATE SCALE: 1' = 1,000',F4 KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, ASPEN BLOCK 99 LLC. A COLORADO LIMITED LIABILITY COMPANY, BEING THE OWNERS IN FEE SIMPLE OF LOT F AND LOT G, BLOCK 99, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO, WHICH REAL PROPERTY IS IMPROVED WITH THREE (3) BUILDINGS AND HAS BY THESE PRESENTS CONDOMINIUMIZED SAID REAL PROPERTY AND IMPROVEMENTS INTO ONE (1) RESIDENTIAL UNIT, TWO (2) COMMERCIAL UNITS AND TWO (2) OFFICE UNITS, KNOWN AS ASPEN BLOCK 99 CONDOMINIUMS. AS SHOWN AND NOTED HEREON, INCLUDING CERTAIN APPURTENANT COMMON ELEMENTS, PURSUANT TO AND FOR THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR ASPEN BLOCK 99 CONDOMINIUMS RECORDED 2015 AT RECEPTION NO. _ IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO. MULTIPURPOSE EASEMENT A M NT F OF AS;)HgLT N7�r / ELECTRIC AND COMMUNICATIONS UTILITIES BOOK 313 AT PAGE 285 / �� ! nw / i (ELECTRIC TRANSFORMER WAS REMOVED ss sQ / �, DURING CONSTRUC OIN)/ OUND NO. 5 REBAR \ c L & YELLOW PLASTIC `OC� CAP LS19598 Sg / 99 , y G � `SS ALL O� 5� \ ASPHALT \ 3S ~ E —CITY OF ASPEN / ` \ c \ \_ CONTROL MONUMENT FOUND NO. 5 REBAR \ & YELLOW PLASTIC GPS-2 / CAP MARKED TRI-CO c \ \ FOUND 3' ALUMINUM CAP IN MONUMENT BOX PLS 12070 � c / 1.0' WITNESS CORNER O� \ FOUND PK NAIL & SHINER T`cly\ c MARKED LS15710 / R \`DAL E LEGEND B�ICD G \ / r� GENERAL COMMON ELEMENT FOUND PK NAIL & SHINER / MARKED ASEI LS25947 LIMITED COMMON ELEMENT O ELECTRICAL METER IM GAS METER CITY OF ASPEN \ O TELEPHONE PEDESTAL CONTROL MONUMENT �J O SANITARY CLEAN -OUT GPS ALUM FOUND 3' M \ / MINUM CAP N MONUMENT BOX / F ELECTRIC LINE ss SEWER LINE T TELEPHONE LINE c GAS LINE GRAPHIC SCALE cTV CATV LINE 10 0 5 10 20 40 ET COMBINED ELECTRIC & TELEPHONE LINE IN WATER LINE NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ( IN FEET ) ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS 1 inch = 10 ft. AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. EXECUTED THIS DAY OF _ 2015. ASPEN BLOCK 99, LLC. A COLORADO LIMITED LIABILITY COMPANY 532 E. HOPKINS AVENUE ASPEN, COLORADO 81611 BY: _ NAME TITLE STATE OF COLORADO ) )SS. COUNTY OF PITKIN ) THE FOREGOING CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS 2015, BY AS - WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: DAY OF _ OF ASPEN BLOCK 99, LLC. NOTARY PUBLIC JOINDER CERTIFICATE THE UNDERSIGNED LIEN HOLDER HEREBY APPROVES THE RECORDING OF THIS CONDOMINIUM MAP OF ASPEN BLOCK 99 CONDOMINIUMS AND SUBORDINATES ITS LIEN RECORDED IN THE PITKIN COUNTY RECORDS AT RECEPTION NUMBER TO THIS PLAT AND THE CONDOMINIUM DECLARATION REFERRED TO ABOVE. NAME OF BAN[ BY; NAME TITLE STATE OF COLORADO ) SS. COUNTY OF PITKIN ) SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME THIS DAY OF 2015. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: _ NOTARY PUBLIC CITY OF ASPEN ENGINEER'S REVIEW THIS ASPEN BLOCK 99 CONDOMINIUMS. WAS REVIEWED BY THE ENGINEER OF THE CITY OF ASPEN THIS DAY OF . 2015. BY:_ TRICIA ARAGON, P.E. - CITY OF ASPEN ENGINEER CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR APPROVAL THIS ASPEN BLOCK 99 CONDOMINIUMS HAS BEEN REVIEWED AND APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2015. BY: _ CHRIS BENDON - COMMUNITY DEVELOPMENT DIRECTOR TITLE COMPANY CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE INC., REGULARLY DOING BUSINESS IN PITKIN COUNTY, COLORADO HEREBY CERTIFIES THAT THE PERSONS LISTED AS OWNERS ON THIS CONDOMINIUM MAP HOLD FEE SIMPLE TITLE TO THE PROPERTY DESCRIBED HEREIN FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED IN THE JOINER CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS CONDOMINIUM MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE INC., NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. PITKIN COUNTY TITLE, INC. 601 E. HOPKINS ASPEN, COLORADO 81611 BY: _ DATE PLAT NOTES: 1. BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S75'09'11'E BETWEEN THE NW CORNER OF LOT F, A NO. 5 REBAR AND CAP LS NUMBER ILLEGIBLE AND THE NE CORNER OF LOT G, A NO. REBAR AND CAP LS NO. 13129 IN PLACE AS SHOWN HEREON. 2. DATE OF SURVEY: JANUARY 8, 2015. 3. LINEAR UNITS USED TO PERFORM THIS SURVEY WERE U.S. SURVEY FEET. oa 4. THIS SURVEY IS B SED,,AN PROVEMENT SURVEY OF SUBJECT PROPERTY RECORDED JANUARY 4, 2013 IN PI AT BOOK 101 AT PAGI -I THE 1959 OFFICIAL MAP OF THE CITY OF ASPEN PREPARED BY G.E. BUCHANAN, THE CITY OF ASPEN GPS MONUMENTATION 2009 MAP AND CORNERS FOUND IN PLACE AS SHOWN. 5. TPT PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN COUNTY TITLE COMPANY, DATED DECEMBER 1, 2014 (COMMITMENT NO. PCT24259W). 6. ELFVATIONS SHOWN HEREON ARE BASED ON NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) REFERENCED FROM NATIONAL GEODETIC SURVEY (NGS) BENCHMARK S ATION S 159 HAVING A PUBLISHED ELEVATION OF 7720.88. 7. THS PROPERTY IS SUBJECT TO RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED IN BOOK 59 AT PAGE 573 PROVIDING AS FOLLOWS: 'THAT NO TITLE SHALL BE HEREBY AUQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS'. B. THIS PROPERTY IS SUBJECT TO THE FULL FREE AND PERPETUAL RIGHT TO DIG, WORK, SEARCH FOR, MINE AND REMOVE ALL ORE AND MINERAL BEARING ROCK BENEATH THE SURFACE OF SUBJECT PROPERTY AS GRANTED BY INSTRUMENT RECORDED JUNE 6, 1891 IN BOOK 98 AT PAGE 470. 9. THIS PROPERTY IS SUBJECT TO MULTIPURPOSE EASEMENT AGREEMENT FOR ELECTRIC AND COMMUNICATION ;: i,LiTIES AS SET FORTH IN INSTRUMENT RECORDED JUNE 15, 1976 IN BOOK 313 AT PAGE 285 AS RECEPTION NO. 184654. SAID EASEMENT IS SHOWN HEREON. 10. 'ti]S PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND ALL MATTERS AS SET roRTN :N RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED JULY 26, 2012 AS '.CC,EPTION NO. 590892 AS RESOLUTION NO. 14. 11. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS AND ALL MATTERS AS SET FORTH! IN RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION RECORDED OCTOBER 9, 2012 AS RECEPTION NO. 592925 AS RESOLUTION NO. 23. 12. THIS PROPERTY IS SUBJECT TO EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON SURVEY OF SUBJECT PROPERTY RECORDED JANUARY 4, 2013 IN PLAT BOOK D1 AT PAGE 5. 13. THIS PROPERTY IS SUBJECT TO TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN ENCROACHMENT AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT RECORDED DECEMBER 9, 2013 AS NtCEPTON NO. 606332. SAID EASEMENT IS SHOWN HEREON. 14. THIS PROPERTY IS SUBJECT TO THOSE TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS, RESTRICTIONS, ASSESSMENTS AND ALL MATTERS AS SET FORTH IN PROTECTIVE COVENANTS FOR CONDOMINIUMS RECORDED 2015 AS RECEPTION NO. DELETING THEREFROM ANY RESTRICTIONS INDICATING ANY PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. 15. THIS PROPERTY IS SUBJECT TO EASEMENTS, RIGHTS OF WAY AND ALL MATTERS AS DISCLOSED ON CONDOMINIUM MAP OF CONDOMINIUMS RECORDED 2015 IN PLAT BOOK _ AT PAGE _. 16. THIS PROPERTY IS SUBJECT TO ANY AND ALL LEASES AND TENANCIES. SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, A REGISTERED LAND SURVEYOR OF THE STATE OF COLORADO, DO HEREBY CERTIFY THAT I HAVE PREPARED ASPEN BLOCK 99 CONDOMINIUMS. THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEY PERFORMED UNDER MY SUPERVISION; THAT THIS ASPEN BLOCK 99 CONDOMINIUMS. MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S.,38-51-106, AND THAT ALL STRUCTURAL COMPONENTS OF ALL BUILDINGS CONTAINING OR COMPRISING ANY UNITS CREATED BY THE CONDOMINIUM MAP ARE SUBSTANTIALLY COMPLETED. IN INTERPRETING THE CONDOMINIUM MAP, THE EXISTING PHYSICAL BOUNDARIES OF EACH UNIT AS CONSTRUCTED SHALL BE CONCLUSIVELY PRESUMED TO BE ITS BOUNDARIES AND THIS CONDOMINIUM MAP CONTAINS ALL THE INFORMATION REQUIRED BY C.R.S.38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. THIS CONDOMINIUM MAP IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS AND EASEMENTS OF RECORD OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN IN THE TITLE COMMITMENT PREPARED BY PITKIN TITLE INC., DATED: DECEMBER 1, 2014 (CASE NO. PCT24259W). THE PROPERTY HAS A LINEAR ERROR OF CLOSURE THAT IS LESS THAN 1:15,000. DATED: BY: 2015. C 0415 FRANK W. HARRINGTON, L.S. NO. 19598 HIGH COUNTRY ENGINEERING, INC. 02- 1517 BLAKE AVENUE, SUITE 101 GLENWOOD SPRINGS, CO 81601 CLERK AND RECORDER'S CERTIFICATE THIS ASPEN BLOCK 99 CONDOMINIUMS HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK & RECORDER OF PITKIN COUNTY, COLORADO, ON THIS DAY OF 2015, IN PLAT BOOK ___ AT PAGE AS RECEPTION NO. _. CLERK AND RECORDER 0 m� z m ❑ U- y U U X - O ❑ O LL. U Z Lo Z Lo N Ih OWpqww W O� Z I'-Ols (A. u 0 u w >Ix�0 U L. WNO OC 5O1 j-. Z m 0 nZN 10Ws OToz U °z = IL 2 m Y �o Q mp Y �-10 _j .. M J ■ -i U mz U 0ca z W 0-Co 0 LrI, Zcna QQ U04 J PROJECT NO. 2151607 1 OF 6 ----------------------------- I I I I B i SLAB ON GRADE I I ABOVE NOTE: AN EASEMENT FOR ALL 5 UNITS FOR ACCESS — TO BOILER, SNOW MELT SYSTEM AND OTHER COMMON UTILITIES LOCATED WITHIN THE CRAWLSPACE AND BOILER ROOM OF THE MIXED USE BUILDING. ACCESS IS THROUGH THE FIRST FLOOR LOBBY AREA AND GARAGE OF MIXED USE BUILDING TO THIS ACCESS HATCH OF THE CRAWLSPACE. tl It, J EXTERIOR FOUNDATION WALL "LCE-RESIDENTIAL UNIT AND OFFICE UNITS 1 AND 2" LEGEND ` GENERAL COMMON ELEMENT (GCE) LIMITED COMMON ELEMENT (LCE) NOTE: BUILDING FLOOR PLANS AND MEASUREMENTS SHOWN HEREON ARE BASED ON ARCHITECTURAL PLANS AND NOT FROM AS -BUILT INTERIOR MEASUREMENTS. AP.EN�B '11011CK �*7, , . . . . . . . . . . . . . . N_111111111111111111111 coN4l�U11AL 21.82 8.52 ;—� L _MIXED USE BUILDIN _ BASEMENT LEVEL. SCALE: 111= 4' 710.87'--� CABIN COMMERICAL UNIT-, lw TERIOR FOUNDATION WALL —CABIN COMMERCIAL UNIT" U u, W z > QXOF aa z >OU� J U�co ° QpY� 0) 0 z�Q�Qx ISO Iy Mw p0 N i <(jwm zU N z °01-2 rO 0) o uNi°a° 5Z 00 O ow mwI�--Ir <JLLIU ,-- m NOQW 0 ¢m ° z U 0 _jo m IL m <xa �x 2po 00 Z®0 U mz p°dZ zw a u O4, Z U)a aQ U0 ..! NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. m ACCESS EASEMENTS 1.) AN ACCESS EASEMENT FOR FIRE ALARM SYSTEM HEAD -END FOR ALL THWL-BUTINGS C�- — LOCATED IN THE GARAGE_ AN Fff OR THE ELECTRIC AND GAS METERS T ARE LOCATED IN THE MIXED � BUILDING.D SS IS THROUGH THE FIRST FLOOR LOBBY AREAS GARAGE OF MIXED USE BUILDING. 2. N EAE T FOR ALL 5 UNITS FOR ACCESS TO BO r SNOW MELT SYSTEM AND OTHER COMMON UTILITIES CGCATED IN TE-CRAWL ACE AND BOILER ROOM' F MIXED USE DING. ACCESS IS THROUGH THE F FLOOR LOBBY A EA AND GARAGE OF MIXED USE BUILDI TO THE AC SS HATCH OF THE CRAWLSPACE. LEGEND GENERAL COMMON ELEMENT (GCE) LIMITED COMMON ELEMENT (LCE) NOTE: —NOTE: GARAGE PARKING SPACE IS REQUIRED TO BE FOR THE USE OF THE OWNER(S), TENANT(S) OR PATRONS OF THE COMMERCIA UNITS. ANY OTHER USE SHALL BE A VIOLATION OF LAND USE APPROVALS, UNLESS THE CITY ACCEPTS A CASH -IN -LIEU PAYMENT TO REMOVE THE PARKING REQUIREMENT o FROM THE SITE. 21.53' O r N BUILDING FLOOR PLANS AND MEASUREMENTS SHOWN HEREON ARE BASED ON ARCHITECTURAL PLANS AND NOT FROM AS -BUILT INTERIOR MEASUREMENTS. 12.06' rl CRAWSPACE ACCESS - GCE 27 S.F. (ACCESS EASEMENT) 7.84' ELEVATOR RESIDENTIAL UNIT 34 S.F. —5.96'- 21.64 BFFtCE UNIT NO.2 292 S.F. CD 20.52' 10.24' ELEVATOR MECHANICAL MECHANICAL 19 S.F. ICE -RESIDENTIAL UNIT" vg6,,ff� _ :OFf'1MUNIT NO. 1 826 S.F. 40.94' —ALL EXTERIOR WALLS "LCE-RESIDENTIAL UNIT AND OFFICE UNITS 1 AND 2" _MIXED USE BUILDING _ LEVEL ONE SCALE: 111 = 4' co 3._5,5' =LCE REST. UNIT AND w NIT N0. 2" EASEMENT FOR CRAWLSP, ACCESS GOES THROUGH 8.37' CABIN COMMERICAL UNIT 3 iI co L _BARN COMMERICAL UNIT_ RIOR FOUNDATION WALL CABIN COMMERCIAL UNIT" lIN COMMERCIAL UNIT" EXTERIOR WALL ICE -BARN OMMERCIAL UNIT" w ff U 1,. w Z > QirUF 00 w >0Z=1 R� o 1IL6 LLO rn (° 99 wi zu CC�I z °olz-i rO 0) it0 :lw o p Zo°z sFO co UUjwwo _jw 9j(9 - MO QU U-It U dZO<LZ LLI J z a z N �o 0. 0!4 Wow O Z_ bus u O z0IL Z zW?mW >1 w ca _ I. 00 Zm� O woo W U _ = a T m Jo xa rn� �0O �O Zx0 i U °° z 0 co Z z W c, a (n z N a aQ U04 _j PROJECT NO. 2151607 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFlCA71ON SHOWN HEREON. 30F6 LEVEL TWO 19818 S.F. LEGEND f� GENERAL COMMON ELEMENT (GCE) LIMITED COMMON ELEMENT (LCE) NOTE: BUILDING FLOOR PLANS AND MEASUREMENTS SHOWN HEREON ARE BASED ON ARCHITECTURAL PLANS AND NOT FROM AS -BUILT INTERIOR MEASUREMENTS. Lm N. 'll B-M As" Ell, FICA . . . . . . . . I ?I Y N�Do m�_,.l .1 M, 0.32' XTERIOR WAL "LCE-RESIDENTIAL UN `7-- - -.. . � RESIDENTIAL UNIT SCALE: 1 " = 5' LOWER AY ROOF LEVEL L it ,L UNIT" m W m U u. w Z � QXOF 00 w 0OZ-1 1=� r o OW-� o Q Y L) z��D J L U)U m 00 N i a(j=w ZU (�I Z �W-2 O O umlz)xo 5� ° o mOOO Z 7�Qw �w v mo (9 QU m GILL x U JLLI mUp O U 0 to r m ly O m z O Z. I , :: U z a z R; omo W Wo^ O Z �08 0 � 0 7Z z G!W ILW >0 Wom = j., 00 m-� z�.�� 0 "gym U IL _jo Jp 0) Q 0) Y OJ 00 OU mz Zw LLo 0 a, m 0 �U� m J 290 RuU W U0d J PROJECT NO. 2151607 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 40F6 ALL EXTERIOR — WALLS AND ROOF "LCE—CABIN COMMERICAL UNIT" CABIN ELEVATION: 7919.5 Ma. x 4� b. S>. r.. .. i Ln ALL EXTERIOR WALLS AND ROC ICE—BARN CABIN COMMERICAL UNIT BARN COMMERICAL UNI J COMMERICAL co ri UNIT BARN RD .__._._. ELEV 919 0 TTZ ATION.7 "` ............. ......... ..mEt �mm I I IT� I. 0 O N BARN COMMERICAL °z CABIN COMMERICAL UNIT o C E �. UNIT iE a ..........._____._.�..,._,..,_.. CABIN BASEMENT jk ..3 i ELEVATION:7907.5 ._.._. _ CABIN COMMERCIAL UNIT CABIN & BARN COMMERICAL UNITS BUILDING SECTIONS SCALE: 1 " = 4' NOTE: BUILDING FLOOR PLANS AND MEASUREMENTS SHOWN HEREON ARE BASED ON ARCHITECTURAL PLANS AND NOT FROM AS -BUILT INTERIOR MEASUREMENTS. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CABIN COMMERCIAL UNIT BARN COMMERICAL UNIT w rn m U a. w Ld Z F. > QMO aa00 z >00 1 U� 000 QOYm Ii0 7 L TU` mm ZOIN 2 2m N Z 051 -ifta s Wooz 1 W O (D ZL-Lu0 _jw Ln .4 mOjCD QU mLLI cv1 QLLI U m JMUD O U Wj z Y X p yam X 0 m o 2 Y l U z Ln YI Z N c W 0)°' , W O � WF 0 N 0 Z U)U°' U � z�� Z ZW?�W W aam U WNc _ H 00 m Z mZ �W� V�0Z 0 a J °o IUU_jrno 0 o� ZUU co octsz Z Lu o >L a�c�n Zcn a Q4 UOd .i PROJECT NO. 2151607 50F6 SECTION A LEGEND GENERAL COMMON ELEMENT LIMITED COMMON ELEMENT NOTE, BUILDING FLOOR PLANS AND MEASUREMENTS SHOWN HEREON ARE BASED ON ARCHITECTURAL PLANS AND NOT FROM AS -BUILT INTERIOR MEASUREMENTS. AIL I �. PEI K B ............ ..... .., s 9 f g 5 kiN1 kF � > i D .... �'6 j% TOP OF WALL jk ELEVATION:7955.5 ROOF ELEVATION: 7952.0 \Y TIAL UNIT" LEVEL THREE ELEVATION:7941.5 ALL EXTERIOR WALLS OF MIXED USE BU E-RESIDENTIAL UNIT AND OFFICE UNITS PLAN "LCE-RESIDE' AND OFFICE St LEVEL 1WO ELEVATION: 7931.0 LEVEL ONE Ah ELEVATION:7920.5 MIXED USE BUILDING SECTIONS SCALE: 1 " = 4' O Ln SECTION B III w U wW z > QMO~ Z >O0}:-1 O� Do O QWY7 Lo ZX m�im 00 IN i a( =W zu IN z °o�2 ro 0) o tnz)x0 b 0 wooz 5N O o NwwO z CO 5m�� �w r .4 moj(7 QU m f4LL T 0 � amX0 o wZ U 7) D_ m mX0 U- r0 x Ul O U Z U 0 Z N W..I O di °ov ao01 W won O Z NUS U Z z0L Z Z to W IL W N _ �o I— as o Z nZn° D �W� 0 �Z U T = (L t9 _J0 _Jo 6a 0) ff YO U i 00 �U mz wLd 00- 0_ (f) m PROJECT NO. 21516©7 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1WTHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 60F6