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HomeMy WebLinkAboutFile Documents.301 E Hyman Ave.0027-2024-BCOM (2) LUN/I ci;ulit,. L 1 1 SUZANNE M.LEFF ('iJ i v SJ sleff wlpplawcom �-'� www.cohoalaw.com ('AYNF = October 1, 2024 Via email to Kirsten.Armstronq@Aspen.qov and Stuart.Hayden@Aspen.gov City of Aspen Community Development Department Attn: Kirsten Armstrong, Part Time Historic Preservation Planner 427 Rio Grande Place Aspen,CO 81611 Re: The Prospector—301 E Hyman Avenue—LPA-24-097 Ms.Armstrong: This law firm represents The Prospector Fractional Owners'Association ("Association"). This correspondence and the accompanying enclosures are intended to serve as the statement of authority required as part of the Association's above-referenced Application. The Application relates to a permit for the reconstruction of steps at The Prospector. The property located at 301 E Hyman Avenue,Aspen,Colorado,and included in the Application constitutes common elements owned by the fractional estate unit owners of The Prospector as tenants in common.The Prospector common elements are defined in the Fractional Estate Declaration for The Prospector,a Condominium("Declaration"), recorded in the Pitkin County Clerk and Recorder's Office in Book 476 at Page 322.The Declaration is included with this correspondence. As such,the Association is not the owner of the subject property, but the Association holds the obligation and the authority to maintain, repair, and replace the common elements and improvements located thereon. For the reasons set forth below,the executive Board of Managers("Board")of the Association holds the authority to approve, and the Board President holds the authority to sign and submit, the above-referenced Application. The Prospector is governed by the Declaration.Article XVII of the Declaration sets forth the powers and duties of the Association and appoints the Association as attorney-in-fact for the owners.Section 17.2 of the Declaration obligates the Association to"provide for the care, operation, management, maintenance, repair and replacement of the General Common Elements."The Association's Articles of Incorporation, also included with this correspondence, make clear in Section 6.1 that the Association's Board of Managers carries out the duties of the Association. The members of the Association's Board are documented on the attached meeting minutes from the Board's May 27th meeting.The officers of the Association who hold the authority to execute the Application are ■ Focused on Communities 8020 Shaffer Parkway,Suite 300 ■ Littleton,Colorado 80127 �q ��� 303.863J870 t " Fax 303.863.1872 ' 10/03/2024 ASPEN BUILDING DEPARTMENT e u Winzenburg Leff Purvis & Payne, LLP City of Aspen Community Development Department October 1, 2024 Page 2 listed on the May 27th meeting minutes as well. Namely, Carl Beavers,Jr., serves as President of the Board, and Francisco X. Lebrija serves as Secretary. The President is authorized to execute the Application under the authority given in Section 7.4 of the Association's Bylaws, and the Secretary can attest to the President's signing of documents. The full contact information for the Association,as applicant,and representatives authorized to act on behalf of the Association are as follows: Applicant Name: The Prospector Fractional Owners'Association Applicant Address: 301 E Hyman Avenue,Aspen, CO 81611 Applicant Telephone Number:970-920-2030 Authorized Representative of Applicant: Carl Beavers,Jr., President Address of Authorized Representative: c/o The Prospector, 301 E Hyman Avenue,Aspen, CO 81611 Email of Authorized Representative: cbeaversir@gmail.com Telephone Number of Authorized Representative:501-412-7086 Authorized Representative of Applicant: Francisco X. Lebrija Address of Authorized Representative: c/o The Prospector, 301 E Hyman Avenue,Aspen, CO 81611 Email of Authorized Representative:fxlebriia@gmail.com Telephone Number of Authorized Representative: 254-661-5490 Please do not hesitate to contact me with any questions concerning this statement of authority and disclosure of ownership. Very truly yours, WINZE BURG,LEFF,PURVIS&PAYNE,LLP SUZANNE M.LEFF SML/lr Encl. Approved and Submitt d by Applicant: The Prospector Fra nal Owner's Association By: Carl Beave ., President RECEIVED 10/03/2024 ASPEN BUILDING DEPARTMENT