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HomeMy WebLinkAboutAmended and Restated Declaration of Melville Condominiums - Draft 111020 (52495462v1) 1 Active/52430887.4 AMENDED AND RESTATED CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS THIS AMENDED AND RESTATED CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS (the “Restated Declaration”) is made on the date set forth below by Craig W. Melville, Teresa Lee-Melville (collectively, the “1286 Unit Owner”) and the MELVILLE FAMILY TRUST, UTA, dated April 28, 1994 (the “Trust” or “1290 Unit Owner”) (collectively, Craig W. Melville, Teresa Lee-Melville and the Trust are also referred to herein as "Declarants" or “Parties”). R E C I T A L S: A. Pursuant to the CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS entered into on April 20, 2009 and recorded as Reception No. 558192 (the “Original Declaration”) (All references to “Book”, “Page”, “Plat” and “Reception No.” are to the records of the Clerk and Recorder of Pitkin County, Colorado), the declarants described therein, as the owners, as tenants in common, of certain real estate in Pitkin County, Colorado, which is more particularly described as Lot 5, Block 2, Snowbunny Subdivision according to the Plat thereof, recorded May 2, 1957 in Plat Book 2A at Page 229 also known as 1286 and 1290 Snowbunny Lane, City and Townsite of Aspen (the “Real Estate”) created a Condominium Common Interest Ownership Community on the Real Estate, in the name of Melville Condominiums (the “Common Interest Community”), and recorded a condominium map in the form of the COMMON INTEREST COMMUNITY PLAT OF THE MELVILLE CONDOMINIUMS in Plat Book 90 at Page 92 (the “Condominium Map”). B. Pursuant to the Original Declaration, the Real Estate was divided into condominium units as depicted on the Condominium Map (the “Units”) which Units together with the Common Elements shall comprise the Common Interest Community. C. The owners of the respective Units of the Melville Condominiums (the “Unit Owners”) entered into the FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR MELVILLE CONDOMINIUMS on July 22, 2009, recorded as Reception No. 561106 to amend Section 8.01 to the Original Declaration (the “First Amendment”). D. The Declarants desire to amend and restate the terms of the CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS (as amended) in accordance with the terms of this Restated Declaration as set forth herein. E. The Declarants also desire to amend and restate the Condominium Map in the form of Amended and Restated Condominium Map attached to this Restated Declaration as Exhibit A (the “Amended Condominium Map”). NOW THEREFORE, the Unit Owners agree to amend and restate the declaration of the Melville Condominiums and the Condominium Map as follows. 2 Active/52430887.4 ARTICLE l SUBMISSION; DEFINED TERMS Section 1.01. Submission of Real Estate. (a) Declarants hereby declare that all of the Real Estate shall be held or sold, and conveyed subject to the following easements, restrictions, covenants, and conditions which are for the purpose of protecting the value and desirability of, and which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate and their assigns and shall inure to the benefit of each Owner thereof. Additionally, Declarants hereby submits the Real Estate to the provisions of the Colorado Common Interest Ownership Act, Sections 38-33.3-101, et. seq., Colorado Revised Statutes, as it may be amended from to time (the "Act”, also referred to as “CCIOA”). In the event the Act is repealed, the Act, on the effective date of this Restated Declaration, shall remain applicable. Section 1.02. Defined Terms. Each capitalized term not otherwise defined in this Restated Declaration or in the Amended Condominium Map shall have the meaning specified or used in the Act. (a) “Allocated Interests” means the percentage ownership interest in the Common Elements and the Common Expense Assessment Liability that are allocated to each of the Units in the Common Interest Community. The formulas used to establish the Allocated Interests are as follows: (i) Interest in the Common Elements. The "Common Elements" means all portions of the Common Interest Community other than the Units. The 1286 Unit Owner shall have a 50% ownership interest in the Common Elements and the 1290 Unit Owner shall have a 50% ownership interest in the Common Elements. (ii) Common Expense Assessment Liability. Except as elsewhere provided herein, Common Expenses shall be assessed against the Units based on the percentage ownership interests in the Common Elements provided in Section 1.02(a)(i) (the “Common Expense Allocation”). Each Unit shall be obligated and responsible to pay the foregoing percentages of the Common Expenses (subject to the other terms of this Restated Declaration). (iii) Votes. Each Unit within the Condominium is entitled to one (1) equally weighted vote in the affairs of the Association. (b) “General Common Elements” means: (i) those areas identified on the Amended Condominium Map as being General Common Elements for the use and enjoyment of both the 1286 Unit and the 1290 Unit; (ii) any common gas, electric, water, sewer and other utility lines, pipes, wires, conduits, snow melt equipment or snowmelt boiler, or other systems running through or outside either Owner’s Unit, but which serve both Units (collectively herein “Infrastructure”); (iii) the common wall between the Units as shown on the Amended Condominium Map as the “Party Wall”; (iv) any portion of the yard, landscaping, hardscaping and fencing or other portion of the Real Property that is not a Unit or designated as a Limited Common Element below. (c) “Limited Common Elements” means a portion of the Common Elements, designated in this Restated Declaration, or on the Amended Condominium Map, or by the Act, for the exclusive use of one but not both Units. The following portion of the Real Estate, in addition to the portions described in Section 38-33.3-202(1)(b) and (d) of the Act, are 3 Active/52430887.4 designated as Limited Common Elements: (i) the lawn, walkways, driveway and parking areas as shown on the Condominium map; (ii) any chute, flue, duct, wire, conduit, pipe, cable, bearing wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or any portion thereof; (iii) shutters, awnings, window boxes, doorsteps, stoops, porches, roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit but located outside the unit’s boundaries; (iv) balconies, patios or decks (including steps leading thereto); (v) doors leading from Units to balconies, and their related frames, sills and hardware. ARTICLE 2 NAMES; DESCRIPTION OF REAL ESTATE CCIOA CONDOMINIUM· Section 2.01. Names. (a) Common Interest Community. The name of the Common Interest Community is the Melville Condominiums, a Condominium (also referred to herein as the "Condominium"). (b) Association. The name of the owners association for the Common Interest Community is the Melville Condominiums Association, a Colorado nonprofit corporation (the “Association”). Section 2.02. Real Estate. The Condominium is located in Pitkin County, State of Colorado, on Real Estate described above. ARTICLE 3 THE ASSOCIATION Section 3. 01. Authority. The business affairs of the Condominium shall be managed by the Association. Section 3.02. Powers. The Association shall have all of the powers, authority, duties, rights and benefits permitted to a nonprofit corporation pursuant to the Colorado Revised Nonprofit Corporation Act, C.R.S. Section 7-30-121 et seq. (the “Nonprofit Act”). Except as otherwise provided in this Restated Declaration, when approval of the members of the 4 Active/52430887.4 Association is required, the Association may only act upon the unanimous consent of its 1286 Unit Owner and its 1290 Unit Owner, and neither Owner acting alone shall have the power to act for or bind the Association. Section 3.03. Members. The Association shall have two (2) members, the 1286 Unit Owner and the 1290 Unit Owner. Membership in the Association shall be automatic on the part of any individual(s) or entity(ies) acquiring an ownership interest in a Unit (each an “Owner” or “Unit Owner”) and shall automatically pass from any individual(s) or entity(ies) no longer holding an ownership interest therein. Section 3.04. Executive Board. Except as otherwise provided in this Restated Declaration or as required by the provisions of CCIOA or the Nonprofit Act, the Association shall act through its Executive Board. The Executive Board will consist of two directors, and the directors shall appoint the officers of the Association. The 1286 Unit Owner and its 1290 Unit Owner shall each appoint one director. Except as otherwise provided in this Restated Declaration, the Executive Board may only act by unanimous decision, subject to the terms set forth in Article 10 herein. Directors and officers of the Association may, but need not be, Owners of Units. The Executive Board may, from time to time, promulgate Bylaws and Rules and Regulations for the Common Interest Community. Section 3.05. Notice to Owners. Any notice to an Owner of matters affecting the Common Interest Community by the Association or by another Owner shall be sufficiently given if such notice is in writing and is delivered personally, by courier or private service delivery or the third business day after deposit in the U.S. mail, by certified or registered mail, first-class postage prepaid and return receipt requested, at the address of record for real property tax assessment notices with respect to that Owner’s Unit. ARTICLE 4 UNITS Section 4.01. Number of Units. The number of Units in the Condominium is two (2). The Declarants reserve no rights to create additional Units. Section 4.02. Identification of Units. The identification name or number of each Unit is shown on the Amended Condominium Map. The Units are named Unit 1286 and Unit 1290. Section 4.03. Unit Boundaries.. The boundaries of each Unit are located as shown on the Amended Condominium Map and are more particularly described as the exterior walls, floors and roofs of each Unit. The Party Wall between the units shall be a General Common Element. Section 4.04. Subdivision of Units. A Unit shall not be further subdivided. Section 4.05. Mechanics Lien. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Unit Owner thereof or his agent, contractor, or subcontractor shall create any right to file a statement of mechanic's lien 5 Active/52430887.4 against the Unit of any other Unit Owner not expressly consenting to or requesting the same or against any interest in the Common Elements except the undivided interest therein appurtenant to the Unit of the Unit Owner for whom such labor shall have been performed and such materials shall have been furnished. Each Unit Owner shall indemnify and hold harmless the other Unit Owner from and against liability or loss arising from the claim of any lien against the Unit, or any part thereof, or any other Unit Owner for labor performed or for materials furnished in work on the first owner's Unit as described in Section 9.02 herein. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS Section 5.01. Common Expenses. The “Common Expenses” of the Association are for (a) Maintenance, as defined in Article 6 below, (b) Insurance, as defined in Article 8 below, and (c) any and all other costs and expenses that are necessary to the proper maintenance, repair, replacement and condition of any of the General Common Elements. Section 5.02. Creation of Association Lien and Personal Obligation to Pay Assessments. Each person or entity owning any interest in a Unit (other than a bona fide mortgagee), by acceptance of any conveyance of such interest in the Unit, shall be deemed to covenant and agree to pay to the Association annual Common Expense Assessments and Special Assessments (collectively, the “Assessments”). Such Assessments shall also include late charges, attorney fees and costs of collection charged by the Association. All Assessments shall be the personal obligation of the Owner(s) at the time when the Assessment becomes due. No Unit Owner(s) shall convey any interest in the Unit unless and until all sums due the Association and not assumed by the transferee are currently paid. All Assessments shall be a continuing lien upon the Unit and is subject to the Association’s right to foreclose as provided by CCIOA. Notice of such lien may be given by filing in the records of Pitkin County, Colorado by any Owner in the name of the Association. Acceleration of any installment of the Assessments shall be in the Association’s sole discretion on a case by case basis. Section 5.03. Apportionment of Common Expenses. Except for expenses related to Limited Common Elements, which shall be apportioned to the Unit benefitted thereby, when paid for by the Association, Common Expenses shall be assessed against the Units based on the percentages set forth in Section 1.01(a)(i). The Common Expense Allocation may only be changed upon the unanimous written consent of the Owners. Section 5.04. Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessments shall be based upon the Association’s advance budget of the cash requirements needed by it to fund payment of Common Expenses during such assessment year. Section 5.05. Special Assessments. A Special Assessment is any assessment that is not levied pursuant to an approved budget. The Association may levy one or more Special Assessments only to provide, with respect to the General Common Elements or Limited Common Elements, which the Association maintains, for liability claims or for unbudgeted repairs or replacement, to the extent not covered by Insurance, or to provide for extraordinary 6 Active/52430887.4 Maintenance, if the Executive Board so determines. Section 5.06. Effect of Non-Payment of Assessments. Any Assessment provided for in this Restated Declaration, or any installment thereof, which is not fully paid within fifteen days after the due date thereof, shall bear interest at the rate of twenty-one percent (21%) per annum. Further, following ten (10) days’ notice in writing given to the non-paying Owner(s), the Association may bring an action at law or in equity, or both, against any non-paying Owner(s) to pay such overdue Assessment, or installments thereof, and may accelerate the due date for payments of all installments remaining for the budget year, and may also proceed to foreclose its lien against such Owner’s Unit, provided that the Owner(s) shall have the right, until the date of sale in the foreclosure proceeding, to cure the delinquency upon payment to the Association of the amount due, including attorney’s fees, interest and costs. An action at law or in equity by the Association against any Owner(s) to recover a money judgment for unpaid Assessments or installments thereof, may be commenced and pursued by the Association enforcing the provisions of this Section 5.06 without foreclosing, or in any way waiving, the Association’s lien therefor. For the purposes of collecting upon an unpaid Assessment, the provisions of Article 10 need not apply and the non-delinquent Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as may be necessary, in the name of such non-delinquent Owner, to do and pursue all things that the Association is authorized to do under this Restated Declaration in the case of a delinquent Assessment, in addition to any rights of the non- delinquent Owner under the provisions of Section 9.03 hereof. ARTICLE 6 MAINTENANCE, REPAIR AND REPLACEMENT Section 6.01. Association’s Responsibility. The Association shall be responsible for the maintenance, repair and replacement (collectively “Maintenance”) of all those areas defined herein or marked on the Amended Condominium Map as “General Common Elements” and of all those portions of the Common Interest Community whose Maintenance has not been assigned to the Owners by the remaining provisions of this Section 6.01. Notwithstanding the foregoing, in the event an Owner neglects to maintain, repair or replace (“collectively, “Maintain”) Limited Common Elements appurtenant to its unit, the Association may conduct such Maintenance as is necessary to Maintain the community in a first class condition and appearance commensurate with similar high-end homes in Aspen’s “West End” neighborhood and may bill the other Owner for the costs therefore. Section 6.02 Owner’s Responsibility. For purposes of Maintenance, alteration and remodeling, an Owner shall be deemed to own, and shall have the right and the obligation to Maintain, alter and remodel the roofs of such Owner’s Units, the exterior stonework, trim and siding of such Unit, interior non-structural walls, the materials making up the finished surfaces of the perimeter walls, ceilings and floors within the Unit, as well as the doors and windows of the Unit, any and all new additions to a Unit hereafter made by the Owner thereof, the Limited Common Elements reserved for the exclusive use of the Owner of the Unit (as shown on the Amended Condominium Map or defined herein) and any new fence or other structure enclosing a Limited Common Element patio, balcony or deck area. Each Owner shall, at such Owner’s sole cost and expense: (i) keep and Maintain in good order and repair the equipment and that portion of the Infrastructure located in such Owner’s Unit, which serve that Unit exclusively; (ii) 7 Active/52430887.4 Maintain in a “like new” clean, safe and attractive condition and in good repair the interior of such Owner’s Unit, including the fixtures, doors and windows thereof, and the improvements affixed thereto; and (iii) Maintain in a neat and clean first class condition and appearance commensurate with similar high-end homes in Aspen’s “West End” neighborhood all the decks, yard, porches, roof, siding, balconies or patio areas, which have elsewhere in this Restated Declaration been reserved to and for the exclusive use of such Owner, including the Limited Common Elements that have been so reserved or allocated. Section 6.03 Roof Access. A portion of the roof at the rear of Unit 1290 overhangs into the airspace of Unit 1286. The Unit 1290 Owner shall have the right to access to perform maintenance, repair or replacement of this roof area. Each Owner agrees to allow the other to access that potion of the other Unit for the purposes of Maintaining any portion of the wall between the Units or the Owner's roof. ARTICLE 7 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY Section 7.01. Usage of Common Elements. The Amended Condominium Map shall show the portions of the Limited Common Elements that are appurtenant to each Unit, and such portions shall be for the exclusive use and enjoyment of each such Unit as shown on the Amended Condominium Map. Except as otherwise provided in this Section 7.01, no Owner shall be entitled to use the exclusive areas set aside for the other Owner as shown on the Amended Condominium Map without the express written consent of the other Owner, provided, however, that a valid easement over and under each Limited Common Element area of exclusive use shall and does exist for the benefit of the Owners otherwise not entitled to use such area for purposes of the installation and maintenance of below-ground utility and Infrastructure systems now or hereafter serving either or both Units. Subject to the provisions of Section 7.02 herein, each Owner shall have the right to use and enjoy all areas on the Amended Condominium Map marked as General Common Elements. Except for patio, deck or porch furniture, plants and reasonably related accessories located within the Limited Common Element areas associated with a Unit, each Owner shall keep the Common Elements free of man-made tools, equipment and objects. Except with respect to a fences located on or within the Limited Common Element areas associated with a Unit, neither Owner may erect any permanent or semi-permanent structure in the Common Elements, including but not limited to playground equipment, gazebos, hammocks, etc. Section 7.02 No Noxious, Offensive, Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Condominium nor shall anything be done or placed on or in part of the Condominium nor shall anything be done or placed on or in part of the Condominium which is or may become a nuisance or cause embarrassment, disturbance or annoyance to others. No activity shall be conducted on any part of the Condominium and no improvements shall be made or constructed on any part of the Condominium which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Condominium which is unreasonably loud or annoying. No odor shall be emitted on any part of the Condominium which is noxious or offensive to others. No light shall be emitted from any part of the Condominium which is unreasonably bright or 8 Active/52430887.4 causes unreasonable glare. Section 7.03. No Unsightliness. No unsightliness shall be permitted on or in any part of the Condominium. Without limiting the generality of the foregoing, nothing shall be kept or stored on or in any of the Common Elements, nothing shall be hung or placed on any of the common elements, and nothing shall be placed on or in windows or doors of units which would or might create an unsightly appearance. Section 7.04. Maintenance of Units and Common Elements. Each Unit exterior and the Common Elements and Limited Common Elements shall be Maintained in a clean, safe, attractive and slightly condition and in good repair. No major alterations to the exterior of a Unit or with respect to any Common Elements shall be made without the prior written consent of both Unit Owners. Section 7.05. Owner Caused Damage. If, due to the act or neglect of a Unit Owner, loss or damage shall be caused to any person or property, including the Condominium or any Unit therein, such Unit Owner shall be liable and responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the Unit Owner. Section 7.06. No Impairment of Structural Integrity. Nothing shall be done, without the written consent of the other Unit Owner, in, on or to, any Unit or the Common Elements, or any portion thereof: which might impair the structural integrity of the Condominium. Section 7.07. No Violation of Rules. No Unit Owner shall violate the provisions of this Restated Declaration. In the event any Unit Owner is required to seek enforcement through legal proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner. Section 7.08. Responsibilities of Owner. Whenever this Restated Declaration prohibits any action of: or assigns responsibility to, any Unit Owner and any provision of the Restated Declaration or rule or regulation is violated by a tenant, licensee or guest of any Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be responsible for any such violation to the same extent as if the Unit Owner had committed the same (except to the extent that such liability is prohibited by law). Section 7.09. Restrictions of Alienation· A Unit may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. Section 7.10 Enforcement. The Association, any member of the Executive Board and any Owner shall have the right to enforce this Restated Declaration and the right to collect costs and expenses (including without limitation attorneys’ fees) incurred in any enforcement action. ARTICLE 8 INSURANCE Section 8.01 Association’s Insurance. The Association shall maintain, as a Common Expense item, property insurance for the Common Elements and Limited Common Elements in a 9 Active/52430887.4 policy amount that is not less than the full insurable replacement cost thereof and commercial general liability insurance in such minimum amounts as the Executive Board may establish from time to time after consultation with and in accordance with the recommendation of the Association’s insurance agent, or as provided by C.R.S. § 38 33.3 313 of CCIOA, the provisions of which Section are incorporated herein by this reference. Each such insurance policy shall be written with an insurance company licensed to do the business of insurance in the State of Colorado and shall have a rating of “A” or better as shown in the published rating of AM Best Company. Section 8.02 Owners’ Insurance. Each Owner shall have the obligations set forth and described in Section 6.02 as to such Owner’s Unit. Each Owner shall maintain such personal property, property/casualty, and liability insurance with respect to its Unit (and the contents thereof) as such Owner may establish from time to time. Section 8.03 Waiver. Subject to obtaining the waiver of subrogation endorsement required by CCIOA, the Owners release each other and the Association, and their respective authorized representatives, from any claims for damage to any person or to the Units or Common Elements that are caused by or result from risks insured against under any insurance policies carried by the Owners or the Association and in force at the time of any such damage. Section 8.04 Obligation to Repair or Replace. In the event of a casualty with respect to the General Common Elements, the Association shall repair or replace the improvements as necessary to restore them to their condition before the casualty event. As provided by CCIOA, the proceeds of the insurance carried by the Association shall be used for such purpose and the Association shall be the trustee to receive the insurance awards and cause the repair or replacement to be accomplished. If the cost of repair or replacement exceeds the amount of insurance proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.03 above; provided, however, that the Executive Board shall reallocate such assessment between the 1286 Unit Owner and the 1290 Unit Owner to the extent that the restoration benefits do not benefit both Units substantially proportionately to their Allocated Interests. Notwithstanding the foregoing, if the casualty was caused by the gross negligence or willful misconduct of an Owner, the amount needed to effect the restoration after use of the Association’s and such Owner’s insurance proceeds shall be assessed exclusively against such Owner’s Unit. Section 8.05. Restoration Upon Condemnation. (a) Total Taking. In the event of a taking of the total Real Estate by eminent domain, each Owner shall be entitled to receive the award of such taking for that Owner’s Unit, as determined based on the pro rata value of the 1286 Unit and the 1290 Unit per the square footage and common expense allocations herein and pursuant to the appraisal of the property in connection with the eminent domain proceeding. After acceptance of the award of the taking by the Owners and their mortgagees and lienholders, the Owners, their mortgagees and lienholders shall be divested of all interest in the Units and the Owners shall vacate the Units as a result of such taking. 10 Active/52430887.4 (b) Partial Taking. In the event of a partial taking of the Real Estate by eminent domain, the Owner of any affected Unit or its mortgagees or lienholders, as applicable, shall be entitled to receive the award of such taking and after acceptance of the award of the taking by the Owner and its mortgagees and lienholders, the Owner, its mortgagee and lienholders shall be divested of all interest in the Unit or portion of the Unit, as applicable, and such Owner shall vacate the Unit or said portion thereof as a result of such taking. The remaining portion of the Unit shall be re-surveyed and, if necessary, the Restated Declaration and/or the Amended Condominium Map shall be amended to reflect such taking. If the taking includes all or a portion of the General Common Elements then, unless the Owners decide not to rebuild, the remaining General Common Elements shall be restored by the Association using the condemnation proceeds. If the cost of restoration exceeds the amount of condemnation proceeds, the amount necessary to effect such restoration as determined by the Executive Board shall be a Common Expense assessed against the Owners as set forth in Section 5.03 above; provided, however, that the Executive Board shall reallocate such assessment between the 1286 Unit and the 1290 Unit Owners to the extent that the restoration benefits do not benefit both Units substantially proportionately to their Allocated Interests. ARTICLE 9 MISCELLANEOUS Section 9.01. When Consent or Authorization Not Necessary. Notwithstanding anything in this Restated Declaration to the contrary, whenever the consent or authorization of the Association or Executive Board shall be required under the provisions hereof, it shall suffice, and the consent or authorization of the Association shall thereby be deemed given, if an Owner seeking such consent or authorization has obtained the written consent or authorization of the other Owner in the Common Interest Community. Section 9.02. Indemnity. Each Owner (“Indemnifying Owner”) agrees to indemnify and hold the other Owner (“Other Owner”) blameless and harmless of, from and against any loss, claim, demand or obligation (including costs of defense and attorneys’ fees) of whatsoever nature occasioned by or in any manner resulting or emanating from any work done at the behest of the Indemnifying Owner on such Owner’s Unit or labor, services or materials furnished to such Owner or such Owner’s Unit, and the Indemnifying Owner will maintain the Other Owner’s Unit, all General Common Elements, and that portion of the Limited Common Elements exclusively reserved to such Other Owner, as provided in Section 7.01, above, entirely lien free through payment or suitable substitution bond and, upon the failure of the Indemnifying Owner so to do, the Other Owner shall have the right to do that which it, in its discretion, determines to be necessary to effect the release and discharge of the lien from such Other Owner’s Unit, the General Common Elements, and the applicable Limited Common Elements. The costs and expenses incurred in so doing, together with interest at the per annum rate of 21% shall be repaid by the Indemnifying Owner upon demand to the Other Owner. Until repaid, the obligation so to do shall be secured by a lien against the Unit of the Indemnifying Owner, notice of which may be given by the Other Owner in the records of Pitkin County, Colorado, and which may be foreclosed as in the case of a mortgage. In any such foreclosure proceedings, the Other Owner shall be entitled to recover its costs and reasonable attorneys’ fees. 11 Active/52430887.4 Section 9.03. Additional Rights of Enforcement. Each of the covenants, obligations and undertakings in this Restated Declaration contained on the part of the respective Unit Owners to be kept, discharged or performed is intended to and shall be deemed to be for the specific benefit of the other Unit Owner to the end that, in the event of the failure or inability of the Association to enforce any provision of this Restated Declaration against a delinquent or defaulting Owner, the remaining Owner, acting alone, shall have the right in the name of the Association and on its behalf or, as the case may be necessary or advisable, in the name of such remaining Owner and on his, her or its behalf to commence, maintain and obtain judgment under an action for damages, for specific performance, or for both, as appropriate, and in connection with any proceedings against a delinquent or defaulting Owner the remaining Owner shall be entitled to his, her or its costs and reasonable attorney fees as a part of any judgment entered for such Owner, and whether or not the relief obtained, including any damages, is less than what was sought. Section 9.04. Audit. At the discretion of the executive board or upon a written request by either Owner, the books and records of the Association shall be subject to an audit, using generally accepted auditing standards, or a review, using statements on standards for accounting and review services, by an independent and qualified person selected by the board, in compliance with C.R.S. § 38-33.3-303(4). Copies of an audit or review under this paragraph (b) shall be made available upon request to any Owner beginning no later than thirty days after its completion. Section 9.05. Amendment of Declaration. This Restated Declaration may be amended pursuant to Section 38-33.3-217 of CCIOA. Amendment to this Restated Declaration or to the Amended Condominium Map shall be prepared, executed, recorded and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Restated Declaration or to the Amended Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Restated Declaration must be recorded in Pitkin County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one year after the amendment is recorded. Section 9.06. Successors and Assigns. This Restated Declaration shall be binding upon and shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal representatives, successors and assigns. Section 9.07. Severability. Invalidity or unenforceability of any provisions of this Restated Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Restated Declaration. Section 9.08. Captions. The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Restated Declaration. Section 9.09. No Waiver. Failure to enforce any provisions of this Restated Declaration shall not operate as a waiver of any such provision or of any other provision of this Restated Declaration. 12 Active/52430887.4 ARTICLE 10 DEADLOCK AND DISPUTE RESOLUTION Section 10.01. Definitions. (a) “Deadlock” shall mean a written statement that there is a deadlock after a formal vote in which one member of the Executive Board votes for or against a proposition and the other member votes differently or refuses to vote, concerning (i) the amount of insurance to be provided by the Association, (ii) the insurance company to provide the Association’s insurance or the budget therefor, (iii) the required degree or performance of Maintenance, or the use of, any Common Elements, (iv) the manner in which Maintenance will be accomplished, including without limitation the selection of a maintenance company (if there is to be one) to provide or manage the Maintenance, (v) the budget for Maintenance, or (vi) any other decision where the members of the Executive Board are unable to reach a unanimous decision. Notwithstanding the foregoing, however, a “Deadlock” shall not be deemed to apply to any optional capital improvement that is not necessary to maintain the Common Elements or the Limited Common Elements in a high quality condition in excess of Five Thousand Dollars ($5,000.00), it being the intent of the Declarant that no Owner shall be obligated or forced to expend monies in excess of such sum unless such expenditure is necessary in order to maintain the Common Interest Community in a high quality condition consistent with its condition at the time of initial construction and delivery by Declarant. In the event of a Deadlock relating to adoption of a proposed budget, the periodic budget last proposed by the Executive Board must be continued until the Deadlock is broken. In the event of a Deadlock, the Executive Board shall take another vote on the proposition. If that vote is not unanimous, then the Deadlock shall be resolved in accordance with Section 10.02 and 10.03. (b) “Dispute” shall mean a written statement by one Unit Owner to the other Unit Owner, or to the Association, or by the Association to one or both Unit Owners, that there is a dispute arising from this Restated Declaration which is not a Deadlock. Section10.02. Deadlock and Dispute Resolution. The Unit Owners and the Association shall submit a Deadlock or Dispute to mediation with a mutually acceptable mediator by the date that is thirty (30) days after the date of the written statements described in Section 10.01(a) and (b) (the “Mediation Date”). If such Dispute is not resolved by mediation, or if the mediation is not held on or before the Mediation Date, then the parties will arbitrate the Dispute in accordance with Section 10.03. Section 10.03. Arbitration. The arbitration shall be governed by the Colorado Uniform Arbitration Act, Sections 13-22-201, et. seq., Colorado Revised Statutes except as otherwise expressly provided herein. The parties shall, by mutual agreement, select an arbitrator to hear and decide the arbitration. If the parties are not able to mutually agree on arbitrator, the arbitrator shall be appointed by the Judicial Arbiter Group of Denver, Colorado. Each party shall be required to make “disclosures” as set forth in C.R.C.P. Rule 26(a)(1) which disclosures shall be made within twenty (20) days after a date is selected for the arbitration hearing. In addition to such disclosures, each party shall disclose to the other party the “disclosure of expert testimony” 13 Active/52430887.4 as set forth in C.R.C.P. Rule 26(a)(2)(A) and Rule 26(a)(2)(B), which disclosures shall be made at least thirty (30) days prior to the date of the arbitration hearing. The arbitration shall be conducted in Aspen, Colorado. The arbitrator shall follow Colorado law in making an award. Written findings of fact and conclusions of law shall be issued by the arbitrator. The arbitrator shall have all powers as set forth in Section 13-22-2-1 et seq. The decision or award of the arbitrator shall be binding upon the parties to the same extent and to the same degree as of such matter had been adjudicated by a court of competent jurisdiction The party in whose favor any award shall be made may file the award with the Clerk of Pitkin County, Colorado District Court, which may enter a judgment thereon, and if such award requires the payment of money, the Clerk may issue execution therefor. Each party shall pay half of the fees and expenses of the arbitrator. Each party shall also pay half of the cost of the arbitration. Each party shall be responsible for its own attorney’s fees and costs. No court shall have subject matter jurisdiction over any claim. The Dispute procedure in this Article 10 is the exclusive and mandatory dispute resolution procedure under this Restated Declaration with respect to a Dispute. IN WITNESS WHEREOF, the Declarants have caused this Restated Declaration to be executed this ____ day of October, 2020. DECLARANTS Craig W. Melville Teresa M. Lee-Melville MELVILLE FAMILY TRUST, UTA, dated April 28, 1994 Marian H. Melville, Trustee 14 Active/52430887.4 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing AMENDED AND RESTATED CONDOMINIUM DECLARATION OF MELVILLE CONDOMINIUMS was acknowledged before me this ___ day of ____________, 2020, by Craig W. Melville, Teresa M. Lee-Melville, and Marian H. Melville as Trustee of the MELVILLE FAMILY TRUST, UTA, dated April 28, 1994. Witness my hand and official seal. Notary Public My commission expires:__________________ CO (S84°01' 0 0 " E 1 2 5 . 0 0 ' ) 10.0' UTILITY EASEMENT WOODEN DEC K WOODEN DEC K STAIRS STAIRS STAIRS STAIRS ST A I R S WI N D O W W E L L DRIVEWAY Edge o f P a v e m e n t SNOWBUNN Y L A N E (50.0' R.O.W. ) 24.4' 4 . 4 ' 14 . 2 ' 12 . 1 ' 22.8' 22 . 6 ' 0.8' 0.9'4.8 ' 2. 0 ' 0.5' 8. 6 ' 18.5' 9. 3 ' 18.3'5. 2 ' 20.4' 10 . 1 ' 14.4'4. 0 ' 14.8' 8.4' 2.0' 2.0' 2.3' 2.0' 14.5' 37 . 7 ' 24.4' 16 . 7 ' 11 . 8 ' LOT 4 BLO C K 2 LOT 5 BLOCK 2 LOT 5WEST MEA D O W S S U B D I V I S I O N 2ND. STORY O'HANG 24.4' Unit 1286 (LCE) UNIT 1290 (LCE) Unit 1290 (LCE) UNIT 1286 (LCE) WA L K 0.8' WIDE RETAINING WALL DRIVEWAY WA L K WA L K W A L K WALK LOT 3 BLO C K 2 GATE PLANTER FOUND 5/8" REBAR WITH 1.25" YELLOW PLASTIC CAP L.S. NO. 9184 FOUND 1.5" WASHER L.S. NO. 9184 PARTY WALL LOT 6WEST MEA D O W S S U B D I V I S I O N PARCEL ID. 273501311800 1286-1290 SNOWBUNNY LANE TWO STORY CONDOMINIU M UNIT 1286 ONE STORY CONDOMINIUM ON FULL BASE M E N T UNIT 1290 7,441 Sq.Ft. 0.17 Acres± 7,567 Sq.Ft. 0.17 Acres± BA S I S O F B E A R I N G S SET 5/8" REBAR WITH 1.25" YELLOW PLASTIC CAP L.S. NO. 23875 B A FOUND 5/8" REBAR WITH NO CAP 12.5' 29.8' 14.9' FOUND 5/8" REBAR WITH NO CAP 5.0' UTILITY EASEMENT REC. 105074 ITEM 12 5.0' UTILITY EASEMENT REC. 105074 ITEM 12 5.0' UTILITY EASEMENT REC. 105074 ITEM 12 5.0' UTILITY EASEMENT REC. 105074 ITEM 12 (N84°01' 0 0 " W 1 2 5 . 0 0 ' ) N83°10' 4 9 " W 1 2 5 . 2 0 ' (N 0 5 ° 5 9 ' 0 0 " E 1 2 0 . 0 0 ' ) N0 6 ° 4 1 ' 0 1 " E 1 1 9 . 8 8 ' S83°05'5 7 " E 1 2 5 . 1 4 ' S0 6 ° 3 1 ' 5 6 " W 1 2 0 . 1 7 ' (S 0 5 ° 5 9 ' 0 0 " W 1 2 0 . 0 0 ' ) 30 . 4 ' (LCE) (LCE) (LCE) (LCE) LCE(LCE) (L C E ) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) (LCE) 1 inch = ft. (IN U.S. SURVEY FEET) GRAPHIC SCALE 0010 5 10 20 40 10 BY NO . DA T E BY PROJECT NO. RE V I S I O N HI G H C O U N T R Y E N G I N E E R I N G , I N C . PH O N E ( 9 7 0 ) 9 4 5 - 8 6 7 6 - F A X ( 9 7 0 ) 9 4 5 - 2 5 5 5 ww w . h c e n g . c o m dr a w n b y : ch e c k e d b y : da t e : fi l e : 15 1 7 B L A K E A V E N U E , S T E 1 0 1 , GL E N W O O D S P R I N G S , C O 8 1 6 0 1 SHEET NUMBER S - T - R-C- 220-1663 1 of 1 Su s a n M e l v i l l e W a r r e n As p e n , C o l o r a d o ME L V I L L E C O N D O M I N I U M M A P 12 8 6 - 1 2 9 0 S N O W B U N N Y L A N E AS P E N , C O L O R A D O 8 1 6 1 1 DM C BB 11 . 0 9 . 2 0 2 0 1 10 S 85 W Pi t k i n SURVEYOR'S NOTES 1. DATE OF FIELD SURVEY: JULY 30, 2020. 2. ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE, NORTH AMERICAN DATUM 1983. THE REFERENCE BEARING BETWEEN "A" (A FOUND #5 REBAR WITH NO CAP) AND "B" (A FOUND 1.5" WASHER L.S. NO. 9184) IS N 83°05'57" W. ALL DISTANCES ARE GROUND DISTANCES BASED ON A COMBINED SCALE FACTOR. 3.THIS MAP DOES NOT CONSTITUTE A TITLE SEARCH BY THIS SURVEYOR OF THE BOUNDARY SHOWN AND DESCRIBED HEREON TO DETERMINE: A) OWNERSHIP OF THE TRACT OF LAND B)COMPATIBILITY OF THIS DESCRIPTION WITH THOSE OF ADJOINERS C) RIGHTS-OF-WAY, EASEMENTS AND ENCUMBRANCES OF RECORD AFFECTING THIS PARCEL. 4. BUILDING MEASUREMENTS ARE AT LOWEST PRACTICABLE POINT ON VENEER. 5.ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO SECTION 18-4-508 OF THE COLORADO REVISED STATUTES. 6. THIS CONDOMINIUM MAP DOES NOT CONSTITUTE A TITLE SEARCH BY HIGH COUNTRY ENGINEERING, INC. FOR ALL INFORMATION REGARDING EASEMENT, RIGHTS-OF-WAY AND/OR TITLE OF RECORD, HIGH COUNTRY ENGINEERING, INC. RELIED UPON TITLE COMMITMENT 20004515 ISSUED BY ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC EFFECTIVE SEPTEMBER 21, 2020. 7. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED ON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY ACTION BASED ON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 8. NOTICE: THIS MAP AND THE INFORMATION SHOWN HEREON MAY NOT BE USED FOR ANY ADDITIONAL OR EXTENDED PURPOSE BEYOND THAT FOR WHICH IT WAS INTENDED AND MAY NOT BE USED BY ANY PARTIES OTHER THAN THOSE TO WHICH IT IS CERTIFIED. THIS DOCUMENT AND THE WORK IT REPRESENTS IS THE PROPERTY OF HIGH COUNTRY ENGINEERING, INC. NO PART OF THIS DOCUMENT MAY BE STORED, REPRODUCED, DISTRIBUTED OR USED TO PREPARE DERIVATIVE PRODUCTS WITHOUT PRIOR WRITTEN PERMISSION. AN ORIGINAL SEAL AND ORIGINAL SIGNATURE IS REQUIRED TO VALIDATE THIS DOCUMENT AND IS EXCLUSIVE TO HIGH COUNTRY ENGINEERING, INC. AND THE OWNER(S) OF RECORD AS OF THIS DATE, OF THE BOUNDARY DELINEATED HEREON AND THE SUBJECT OF THE SURVEY. 9. THE CURRENT ZONING SPECIFIES THE SETBACK REQUIREMENT AND IS AVAILABLE ON THE CITY OF ASPEN COMMUNITY DEVELOPMENT WEBSITE. AMENDED AND RESTATED CONDOMINIUM MAP OF MELVILLE CONDOMINIUMS A TRACT OF LAND SITUATED IN LOT 5, BLOCK 2, SNOWBUNNY SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229, SECTION 1, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M. CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. MAIL BOX SANITARY CLEAN-OUT LEGEND CO ASPHALT BUILDING LINE HATCH CONCRETE GRAVEL WOOD DECK HATCHES WOOD FENCE LINE FOUND BOUNDARY/LOT CORNER - AS DESCRIBED SURVEYOR'S CERTIFICATION I, BILL W.A.BAKER, A REGISTERED LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS AMENDED AND RESTATED CONDOMINIUM MAP OF MELVILLE CONDOMINIUMS; AND THAT THE UNIT'S IDENTIFYING NUMBER, THE LOCATION (WITH REFERENCE TO ESTABLISHED DATUM) OF THE HORIZONTAL BOUNDARIES OF EACH UNIT, THE APPROXIMATE LOCATION AND DIMENSIONS OF LIMITED COMMON ELEMENTS, AND THE LOCATION OF OTHER FEATURES, ARE ACCURATELY AND CORRECTLY SHOWN HEREON; THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION IN ____ 2020; THAT THIS CONDOMINIUM MAP MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN C.R.S. SECTION 38-51-106; THAT THIS CONDOMINIUM MAP (i) CONTAINS ALL OF THE INFORMATION REQUIRED BY SECTION 38-33.3-209 OF THE COLORADO REVISED STATUTES, AND (ii) 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. THE CONTROL PRECISION IS GREATER THAN 1 IN 15,000. RECORDED EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS ARE SHOWN HEREON AND ARE THE SAME AS THOSE SET FORTH IN THE RESPECTIVE TITLE COMMITMENTS ISSUED BY ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC UNDER FILE NO. 20004515, COMMITMENT DATE SEPTEMBER 21, 2020AND UNDER FILE NO. 20004534 , COMMITMENT DATED SEPTEMBER 21, 2020 ___________________________________________ BILL W.A.BAKER, P.L.S. #23875 DATED _29 October, 2020. THIS MELVILLE CONDOMINIUMS CONDOMINIUM MAP, SHOWN HEREON, WAS REVIEWED FOR THE DEPICTION OF THE ENGINEERING DEPARTMENT SURVEY REQUIREMENTS THIS _______ DAY OF _____________, 2020. ____________________________ CITY ENGINEER DEPARTMENT OF COMMUNITY DEVELOPMENT REVIEW THE APPLICATION FOR AMENDMENT TO CONDOMINIUM MAP (OF WHICH THIS CONDOMINIUM MAP IS A PART) HAS BEEN REVIEWED AND APPROVED FOR COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE CITY OF ASPEN LAND USE CODE BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS _____DAY OF ___________, 2020. TO THE EXTENT THAT ANYTHING IN THIS PLAT IS INCONSISTENT OR IN CONFLICT WITH ANY CITY OF ASPEN DEVELOPMENT ORDERS RELATING TO THESE CONDOMINIUMS OR ANY OTHER PROVISIONS OF APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO OTHER APPLICABLE LAND USE REGULATIONS AND BUILDING CODES, SUCH OTHER DEVELOPMENT ORDERS OR APPLICABLE LAWS SHALL CONTROL. _______________________________ COMMUNITY DEVELOPMENT DIRECTOR THIS AMENDED AND RESTATED CONDOMINIUM MAP OF MELVILLE CONDOMINIUMS IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO AT _________ O'CLOCK ____.M., THIS _______ DAY OF ________________, 2020, IN PLAT BOOK ______, AT PAGES ___________, RECEPTION NO. ______________. ________________________________________ PITKIN COUNTY CLERK AND RECORDER THE UNDERSIGNED, A DULY-AUTHORIZED REPRESENTATIVE OF ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY, PURSUANT TO SECTION 20-15 (J) OF THE ASPEN MUNICIPAL CODE, THAT THE PERSONS LISTED AS OWNERS ON THIS MAP DO HOLD FEE SIMPLE TITLE TO THE REAL PROPERTY DESCRIBED HEREIN, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED ON THE RESPECTIVE TITLE COMMITMENTS ISSUED BY ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC UNDER FILE NO. 20004515, COMMITMENT DATE SEPTEMBER 21, 2020 AND UNDER FILE NO. 20004534 , COMMITMENT DATE SEPTEMBER 21, 2020. ALTHOUGH WE BELIEVE THE FACTS STATED ON THIS MAP ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AN OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC, NEITHER ASSUMES NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. BY:___________________________DATE_______________, 2020. STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THIS TITLE CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS __________ DAY OF ____________________, 2020, BY WINTER VAN ALSTINE AS AUTHORIZED OFFICER OF ATTORNEYS TITLE INSURANCE AGENCY OF ASPEN, LLC, WITNESS MY HAND AND OFFICIAL SEAL __________________________________________ NOTARY PUBLIC LEINHOLDER 1290 SNOWBUNNY LANE, LLC (DEED OF TRUST RECORDED AT RECEPTION NO. 642526). BY:_________________________________________________ NAME:______________________________________________ TITLE:______________________________________________ STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __________ DAY OF ____________________, A.D. 2020, BY _________________________________ OF 1290 SNOWBUNNY LANE, LLC. WITNESS MY HAND AND OFFICIAL SEAL __________________________________________ NOTARY PUBLIC LEINHOLDER NBH BANK, N.A. (DEED OF TRUST RECORDED AT RECEPTION NO. 617585). BY: ________________________________________________ NAME: _____________________________________________ TITLE:______________________________________________ STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __________ DAY OF ____________________, A.D. 2020, BY ______________________ OF NBH BANK, N.A. WITNESS MY HAND AND OFFICIAL SEAL __________________________________________ NOTARY PUBLIC KNOW ALL MEN BY THESE PRESENTS, THAT CRAIG W. MELVILLE AND TERESA M. LEE- MELVILLE BEING THE OWNERS OF UNIT 1286, AND THE MELVILLE FAMILY TRUST UTA DATED APRIL 28, 1994 BEING THE OWNER OF UNIT 1290 OF THE MELVILLE CONDOMINIUMS, DESCRIBED AS REAL PROPERTY SITUATED IN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO, TO WIT: LOT 5, BLOCK 2, SNOWBUNNY SUBDIVISION ACCORDING TO THE PLAT THEREOF, RECORDED MAY 2, 1957 IN PLAT BOOK 2A AT PAGE 229 ALSO KNOWN AS 1286 AND 1290 SNOWBUNNY LANE, ASPEN, COLORADO 81611 CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. THAT SAID OWNERS HAVE BY THESE PRESENTS LAID OUT, PLATTED, CREATED AND SUBDIVIDED THE SAME AND ALL IMPROVEMENTS THEREON AND AS SHOWN ON THIS AMENDED AND RESTATED CONDOMINIUM MAP OF MELVILLE CONDOMINIUMS ("MAP"), CONSISTING OF TWO (2) RESIDENTIAL UNITS AND APPURTENANT COMMON ELEMENTS, PURSUANT TO AND FOR THE PURPOSES SET FORTH IN THE CONDOMINIUM DECLARATION FOR THE MELVILLE CONDOMINIUMS (AS AMENDED AND SUPPLEMENTED, FROM TIME TO TIME, THE "DECLARATION"). CAPITALIZED TERMS USED ON THE MAP WITHOUT FURTHER SPECIFIC DEFINITION HAVE THE MEANINGS GIVEN TO THEM IN THE DECLARATION. BY: __________________________________________ BY: __________________________________________ CRAIG W. MELVILLE TERESA M. LEE- MELVILLE BY:_____________________________________________________ MARIAN H. MELVILLE, TRUSTEE OF MELVILLE FAMILY TRUST UTA DATED APRIL 28, 1994. STATE OF COLORADO ) )SS COUNTY OF PITKIN ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS____DAY OF____________, A.D. 2020, BY CRAIG W. MELVILLE AND TERESA M. LEE-MELVILLE, MARIAN H. MELVILLE, AS TRUSTEE OF MELVILLE FAMILY TRUST UTA DATED APRIL 28, 1994. WITNESS MY HAND AND OFFICIAL SEAL. _________________________________ NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATION TITLE CERTIFICATION CERTIFICATE OF DEDICATION AND OWNERSHIP CITY ENGINEER'S REVIEW PURPOSE STATEMENT: TO AMEND THE CONDOMINIUM MAP TO REFLECT THE EXISTING AS-BUILT CONDITIONS OF UNIT 1290 OF THE MELVILLE CONDOMINIUMS. VICINITY MAP SCALE 1" = 1000' Note: Per Section 4.03 of the Amended and Restated Declaration for Melville Condominiums, the boundaries of the "Units" are more particularly described as the exterior walls, floors and roofs of each Unit. EX H I B I T A