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Home My WebLink AboutLand Use Case.Clubside Dr.A092-01266Â·s-,le ~-Di 00% 91 A 0 9 2-01 .'J- A092-01~ 4 - Clubside Drive PUD Amendment - for a security gate M ktou A (-c~Â©*_ . -cut,J 90 - ~ \J A . K1 1 .. CASE NUMBER A092-01 PARCEL ID # CASE NAME Clubside Drive PUD Amendment for Security Gates PROJECT ADDRESS Clubside Drive PLANNER James Lindt CASE TYPE PUD Amendment OWNER/APPLICANT Clubside Drive Homeowners Association REPRESENTATIVE Maroon Creek Construction DATE OF FINAL ACTION 11/6/01 CITY COUNCIL ACTION PZ ACTION Reso. #40-2001 ADMIN ACTION Denied BOA ACTION DATE CLOSED 12/3/01 BY J. Lindt . 1 **f 1 '3 . T aâ€ž=- - ~4. 9 4--9 3 Z z PARCEL ID: ~ DATE RCVD: ~9/18/01 # COPIES:] 4 CASE NO|A092-01 CASE NAME:~Clubside Drive PUD Amendment for Security Gates Â¢ FLNR:I ~cbwit-fitrvIC,11 E r PROJ ADDR:~Clubside Drive CASE TYP:~PUD Amendment , STEPS:j _ _ jq k . I OWN/APP:~Clubside Drive Hom _ ADR~ C/SE: 1 PHN:I REP:|Maroon Creek Construction ADR~300 Puppy Smith St. C/S/Z:~Aspen/CO/81611 3 PHN:~920-9403 FEES DUE:~500 D FEES RCVD:|500 D e STAT: Eli E REFERRALSj REF:| BY| i. DUE: 1 .lillillillillillillililillillillilll MTG DATE REV BODY PH NOTICED - -Of : .6~ -- -1 1 DATE OPÂ¥\NAL ACTIONÂ·Â·~ l~~f (~s (0< --r. CITY COUNCIL: REMARKS~ . PZ: %44>40, *40-200.3 11 411Â¢mle R BOA: CLOSED:| 12~* T BY: 1J-, L., 4 611-- DRAC: , LI â‚¬0 1,1,-4 6 C~ & PLAT SUBMITD: | PLAT (BK,PG):~ ADMIN:l /~ L iâ€¢ .4.. - 4%1911 .. MEMORANDUM TO: Plans were routed to those departments checked-offbelow: City Engineer 0........... Zoning Officer 0........... Housing Og......... Parks Department 1 E......... Aspen Fire Marshal 1 4.........City Water I p..Â·Â·Â·Â·Â·Â·Â· Aspen Consolidated Sanitation District r ........... Building Department O ........... Environmental Health Electric Department O........... Holy Cross Electric City Attorney 13 ........... Streets Department O ........... Historic Preservation Officer ~.......... Pittin County Planning A.,ch Waikev-- Axed /O//8/01 TO: DRC Representatives 54401.73- FROM: James Lindt, Planning Technician Community Development Department 130 S. Galena St.; Aspen, CO 81611 Phone-920.5104 Fax-920.5439 RE: Clubside Drive Security Gate PUD Amendment DATE: September 25, 2001 COMMENTS: Please find attached an application for a PUD Amendment to the Maroon Creek Club PUD requesting for a security gate to be constructed at the entrance of Clubside Drive. The DRC on this PUD Amendment will be held on Wednesday, October 17, 2001. The public hearing on the Maroon Creek Club PUD Amendment in front of the Planning and Zoning Commission is scheduled to be held on November 6th. 8 .1 .. CLUBS]DE AT MAROON CREEK PUD AMENDMENT APPLICATION: TABLE OF CONTENTS: 1. Cover Letter from Maroon Creek Construction Company. 2. Letter from Clubside Homeowners Association. 3. Letter from Maroon Creek Club Master Association. 4. Letter from Clubside Association CPA Showing Owners Authorization. a. List of Clubside Homeowners & Property Profile. 5. Vicinity Map. 6. Clubside Site Map (Located in Folder Back Pocket). 7. Privacy Gate Plans and Rendering. 8. Written Response to Review Criteria and Existing Conditions. 9. Fire/Law Enforcement Authorization Form. .. RESOLUTION N0. 40 (SERIES OF 2001) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION DENYING AN AMENDMENT TO THE MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT TO ALLOW FOR A SECURITY GATE TO BE CONSTRUCTED AT THE ENTRANCE OF CLUBSIDE DRIVE IN THE MAROON CREEK CLUB PLANNED UNIT DEVELOPMENT, CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the Community Development Department received an application from the Clubside Drive Homeowner' s Association, represented by Maroon Creek Construction Company, for an amendment to the Maroon Creek Club Planned Unit Development (PUD) to allow for a security gate to be constructed at the entrance to Clubside Drive in the Maroon Creek Club Planned Unit Development; and, WHEREAS, pursuant to Sections 26.445, the Planning and Zoning Commission may approve an amendment to an approved Planned Unit Development, during a duly noticed public hearing, comments from the general public, a recommendation from the Community Development Staff, and recommendations from relevant referral agencies; WHEREAS, the Community Development Department reviewed the request for an amendment to the Maroon Creek Club PUD to allow for a security gate to be constructed at the entrance to Clubside Drive and recommended denial; and, WHEREAS, the Aspen Planning and Zoning Commission has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Department, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the Aspen Planning and Zoning Commission finds that the development proposal does not meet or exceed all applicable development standards and that an approval of the development proposal is inconsistent with the goals and elements of the Aspen Area Community Plan; and, WIIEREAS, the Aspen Planning and Zoning Commission finds that this Resolution does not further and is not necessary for the promotion of public health, safety, and welfare. WHEREAS, during a duly noticed public hearing on November 6, 2001, the Planning and Zoning Commission denied, by a 7 to 0 (7 - 0) vote, an amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing a security gate to be constructed at the entrance to Clubside Drive in the Maroon Creek Club Planned Unit Development; and, .. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION as follows: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing a security gate to be constructed at the entrance to Clubside Drive within the PUD, is denied. Section 2: This Resolution shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Approved by the Commission at its regular meeting on November 6,2001. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: City Attorney Jasmine Tygre, Chair ATTEST: Jackie Lothian, Deputy City Clerk 2 .. .IB. MEMORANDUM TO: Aspen Planning and Zoning Commission THRU: Julie Ann Woods. Community Development Director Joyce Ohlson, Deputy Director,~~~::> FROM: James Lindt, Planning Technician 3-L RE: Maroon Creek Club PUD Amendment - Public Hearing D 61,~ m DATE: November 6,2001 1- O APPLICANT /OWNER: Clubside Drive Homeowner's Association REPRESENTATIVE: Bill Itzla, Maroon Creek Construction LOCATION: Entrance to Clubside Drive in the Maroon Creek Club PUD CURRENT ZONING: R/MFA PUD PROPOSED LAND USE REQUEST: Amendment to the Planned Unit Development SUMMARY: The applicant wishes to obtain an amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of constructing a privacy/security gate at the entrance to Clubside Drive. Clubside Drive is a private road that serves eight (8) town homes that abut the Maroon Creek Club Golf Course in the Maroon Creek Club Planned Unit Development. REVIEW PROCEDURE An amendment found to be consistent with or an enhancement of the approved final development plan by the Community Development Director, but which does not meet the established thresholds for an insubstantial amendment, may be approved, approved with conditions, or denied by the Planning and Zoning Commission, at a public hearing pursuant to Section 26.445.030(C) Step 3. The action by the Planning and Zoning Commission shall be considered the final action, unless the decision is appealed to City Council. STAFF COMMENTS: The applicant, Clubside Drive Homeowner' s Association, represented by Maroon Creek Construction, requests an amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of constructing a security/privacy gate at the entrance to Clubside Drive. The proposed gate would be approximately seven (7) feet tall and span .. across the entire road entrance to the eight (8) town homes. The proposed entry gate would be operated by a telephone entry keypad with a code and a Knox Box for emergency vehicles to gain access. The PUD criteria specifically discourages security gates and is set up to minimize them within major Planned Unit Developments such as the Maroon Creek Club PUD. PUD Review Standard 26.445.050(I)(6) specifically calls out that security gates, guard posts, or other entryway expressions for a PUD, or for lots within a PUD, be minimized to the extent practical. Given that the proposed security gate directly contradicts the aforementioned review standard, the proposed application cannot be supported by staff. Staff strongly believes that this standard is intended to prevent entire neighborhoods from segregating themselves from the rest of the Community by constructing security gates. Staff feels that a security gate in this instance would unintentionally segregate these townhomes from the rest o f the community. Staff is also concerned with possible traffic congestion and safety issues that could arise as a result of the proposed security gate. Cars that turn in and are unable to pass through the gate will then have to turn around or back out and may cause a traffic problem and safety risk to other drivers trying to enter Clubside Drive. The proposed security gate would likely also increase parking on Stage Road because of the inability of ears to access Clubside Drive for deliveries and other matters. The applicant is proposing the gate to keep out people looking for the Maroon Creek Clubhouse. Staff feels that the applicant's objective can be met in other ways without this physical impediment and creating a gated, exclusive community of eight town homes. Staff believes that there are better viable alternatives such as possibly asking the Maroon Creek Club to increase the identification signage on Stage Road. Staff cannot support the application because of the direct conflict with the intent of PUD Review Standard 26.445.050(I)(6), however, the design of the gate appears to be sound from a technical use standpoint. Emergency service agencies were consulted about the design of the gate. The Fire Department and Ambulance Services had no major issues with design of the proposed gate because a key box would allow for them to enter at all times. Security gates are common throughout Pitkin County and the Emergency Service Agencies have adapted a gate design that is acceptable in their minds. The proposed gate meets their design requirements that ensure the availability of emergency access. City Utility Department Director Phil Overeynder has expressed concerns over the proposed gate because accessing Clubside Drive for the purpose of maintenance as well as meter reading and billing will become more difficult if the gate is approved. Overeyender is requiring that if the gate is approved, that the applicant submit a suitable access plan (please see referral comments included as Exhibit "F"). Sanitation District Director, Tom Bracewell had similar comments. Private utility companies have had similar access concerns, but have no issues with the proposed gate if they are provided with a means of unlimited access to Clubside Drive. Staff is recommending denial on the proposed application due to it' s conflict with the ideology of the PUD Review Standards. However, staff feels that if the proposed PUD 2 .. Amendment is approved by the Planning and Zoning Commission, then it is important that the following conditions be considered and required as part ofthe approval: 1. Prior to construction, a plat approving the design of the gate shall be recorded with signatures from the City of Aspen Fire Department, City of Aspen Police Department. City of Aspen Ambulance Services, City of Aspen Water and Sanitation District, and all utility agencies affected by the proposed gate. 2. The applicant shall construct the proposed gate in such a manner that the Aspen Fire Department, City of Aspen Police Department, City of Aspen Ambulance Services, City of Aspen Water and Sanitation District, and all utility agencies affected by the proposed gate shall have unlimited, emergency access to Clubside Drive. 3. All exterior lighting associated with the Gate shall meet the City of Aspen Lighting Code pursuant to Section 26.575.150 of the land use code. Staff recommends denial of the proposed amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing for a security gate to be constructed at the entrance of Clubside Drive. RECOMMENDATION: Staff recommends that the Planning and Zoning Commission deny the proposed amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing a security gate to be constructed at the entrance of Clubside Drive. RECOMMENDED MOTION (ALL MOTIONS ARE PROPOSED IN THE AFFIRMATIVE): "I move to approve Resolution No. jQ Series of 2001, approving the proposed amendment to the Maroon Creek Club Planned Unit Development (PUD) for the purpose of allowing for a security gate to be constructed at the entrance of Clubside Drive." ATTACHMENTS: Exhibit A -- Review Criteria and Staff Findings Exhibit B -- Proposed Gate Location Exhibit C -- Development Application Exhibit D -- Letter from Maroon Creek Club Master Association Authorizing PUD Amendment Application Exhibit E -- Letter from the Clubside Drive Homeowner' s Association Authorizing PUD Amendment Application Exhibit F -- Referral Agency Comments 3 .. EXHIBIT A MAROON CREEK CLUB PUD AMENDMENT REVIEW CRITERIA & STAFF FINDINGS A. General requirements. 1. The proposed development shall be consistent with the Aspen Area Community Plan. 2. The proposed development shall be consistent with the character of existing land uses in the surrounding area. 3. The proposed development shall not adversely affect the future development of the surrounding area. 4. The proposed development has either been granted GMQS allotments, is exempt from GMQS, or GMQS allotments are available to accommodate the proposed development and will be considered prior to, or in combination with, final PUD development plan review. Staff Finding Staff finds that the proposed PUD Amendment is not consistent with the AACP. The proposed amendment does not create a friendly streetscape and binders bike and pedestrian traffic in this area. The Aspen Area Community Plan encourages the community to "avoid housing developments that inadvertently create segregation". Staff feels that the proposed security gate causes the entire neighborhood to be segregated from the rest o f the community which conflicts with the aforementioned AACP housing policy. Staff finds the criterion not to be met. B. Establishment of Dimensional Requirements: The final PUD development plans shall establish the dimensional requirements for all properties within the PUD as described in General Provisions, Section 26.445.040, above. The dimensional requirements of the underlying zone district shall be used as a guide in determining the appropriate dimensions for the PUD. During review of the proposed dimensional requirements, compatibility with surrounding land uses and existing development patterns shall be emphasized. The proposed dimensional requirements shall comply with the following: 1. The proposed dimensional requirements for the subject property are appropriate and compatible with the following influences on the property: a) The character of, and compatibility with, existing and expected future land uses in the surrounding area. b) Natural or man-made hazards. 4 .. c) Existing natural characteristics of the property and surrounding area such as steep slopes, waterways, shade, and significant vegetation and landforms. d) Existing and proposed man-made characteristics of the property and the surrounding area such as noise, tra#ic, transit, pedestrian circulation, parking, and historical resources. Staff Finding Staff finds that the proposed amendment hinders traffic and pedestrian circulation by constructing a barrier at the entrance of Clubside Drive. The proposed security gate likely will also increase parking on stage road and create a hazard for other vehicles. Staff finds this criterion not to be met. 2. The proposed dimensional requirements permit a scale, massing, and quantity of open space and site coverage appropriate and favorable to the character of the proposed PUD and of the surrounding area. Staff Finding Staff finds that this criterion does not apply to this application. 3. The appropriate number of off-street parking spaces shall be established based on the following considerations: a) The probable number of cars used by those using the proposed development including any non-residential land uses. b) The varying time periods Of use, whenever joint use Of common parking is proposed. c) The availability of public transit and other transportation facilities, including those for pedestrian access and/or the commitment to utilize automobile disincentive techniques in the proposed development. d) The proximity of the proposed development to the commercial core and general activity centers in the city. Staff Finding Staff finds that the proposed security gate is likely to increase the parking of vehicles on Stage Road because of their inability to access onto Clubside Drive. Staff feels that this could be a safety risk to other automobiles and bicyclists on Stage Road. Staff finds this criterion not to be met. 4. The maximum allowable density within a PUD may be reduced if there exists insufficient infrastructure capabilities. Specifically, the maximum density of a PUD may be reduced if: 5 .. a) There is not su#icient water pressure, drainage capabilities, or other utilities to service the proposed development. b) There are not adequate roads to ensure fire protection, snow removal, and road maintenance to the proposed development. Staff Finding Clubside Drive is a privately maintained road. Staff finds that this criterion does not apply to this application. 5. The maximum allowable density within a PUD may be reduced if there exists natural hazards or critical natural site features. Specifically, the maximum density of a PUD may be reduced if: a) The land is not suitable for the proposed development because of ground instability or the possibility of mudflow, rock falls or avalanche dangers. b) The effects of the proposed development are detrimental to the natural watershed, due to runoff, drainage, soil erosion, and consequent water pollution. c) The proposed development will have a pernicious effect on air quality in the surrounding area and the City. d) The design and location of any proposed structure, road, driveway, or trail in the proposed development is not compatible with the terrain or causes harmful disturbance to critical natural features of the site. Staff Finding Staff finds that this criterion does not apply to this application. 6. The maximum allowable density within a PUD may be increased if there exists a significant community goal to be achieved through such increase and the development pattern is compatible with its surrounding development patterns and with the site's physical constraints. Specifically, the maximum density of a PUD may be increased if: a) The increase in density serves one or more goals of the community as expressed in the Aspen Area Community Plan (AACP) or a specifc area plan to which the property is subject. b) The site's physical capabilities can accommodate additional density and there exists no negative physical characteristics of the site, as identified in subparagraphs 4 and 5, above, those areas can be avoided, or those characteristics mitigated. c) The increase in maximum density results in a development pattern compatible with, and complimentary to, the surrounding existing and expected development pattern, land uses, and characteristics. 6 .. Staff Finding There is no increase in density as part of this application. Staff finds that this criterion does not apply to this application. C. Site Design. The purpose of this standard is to ensure the PUD enhances public spaces, is complimentary to the site's natural and man-made features and the adjacent public spaces, and ensures the public's health and safety. The proposed development shall comply with the following: 1. Existing natural or man-made features of the site which are unique, provide visual interest or a specific reference to the past, or contribute to the identity of the town are preserved or enhanced in an appropriate manner. 2. Structures have been clustered to appropriately preserve signijicant open spaces and vistas. 3. Structures are appropriately oriented to public streets, contribute to the urban or rural context where appropriate, and provide visual interest and engagement of vehicular and pedestrian movement. 4. Buildings and access ways are appropriately arranged to allow emergency and service vehicle access. 5. Adequate pedestrian and handicapped access is provided. 6. Site drainage is accommodated for the proposed development in a practical and reasonable manner and shall not negatively impact surrounding properties. 7. For non-residential land uses, spaces between buildings are appropriately designed to accommodate any programmatic functions associated with the use. Staff Finding Staff finds that the proposed amendment will slow down the response of emergency vehicles and will put undue responsibility on these agencies to be able to access through the gate in an emergency response situation. However, it appears that the emergency service agencies do not have an objection to the gate design. Staff also feels that the proposed amendment will make for an unfriendly pedestrian landscape. Access to the site will be hindered by the proposed security gate. Staff finds this criterion not be met. 7 .. D. Landscape Plan. The purpose Of this standard is to ensure compatibility Of the proposed landscape with the visual character of the city, with surrounding parcels, and with existing and proposed features of the subject property. The proposed development shall comply with the following: 1. The landscape plan exhibits a well-designated treatment of exterior spaces, preserves existing significant vegetation, and provides an ample quantity and variety of ornamental plant species suitable for the Aspen area climate. 2. Significant existing natural and man-made site features, which provide uniqueness and interest in the landscape, are preserved or enhanced in an appropriate manner. 3. The proposed method of protecting existing vegetation and other landscape features is appropriate. Staff Finding Staff finds that this criterion does not apply to this application. E. Architectural Character. It is the purpose of this standard is to encourage architectural interest, variety, character, and visual identity in the proposed development and within the City while promoting efficient use of resources. Architectural character is based upon the suitability of a building for its purposes, legibility of the building's use, the building's proposed massing, proportion, scale, orientation to public spaces and other buildings, use of materials, and other attributes, which may significantly represent the character of the proposed development. There shall be approved as part of the final development plan an architectural character plan, which adequately depicts the character of the proposed development. The proposed architecture of the development shall: 1. Be compatible with or enhance the visual character of the city, appropriately relate to existing and proposed architecture of the property, represent a character suitable for, and indicative of, the intended use, and respect the scale and massing Of nearby historical and cultural resources. 2. Incorporate, to the extent practical, natural heating and cooling by taking advantage of the property's solar access, shade, and vegetation and by use of non- or less-intensive mechanical systems. 3. Accommodate die storage and shedding of snow, ice, and water in a safe and appropriate manner that does not require significant maintenance. 8 .. Staff Finding Staff finds that the proposed amendment does not change the architectural character of the development. However, staff does feel that the applicant is altering the overall character of the development by trying to create an exclusive, gated community and cutting off the access of the general public to Clubside Drive. Staff finds this criterion not to be met. F. Lighting. The purpose of this standard is to ensure the exterior of the development will be lighted in an appropriate manner considering both public safety and general aesthetic concerns. The following standards shall be accomplished: 1. AN lighting is proposed so as to prevent direct glare or hazardous interference of any kind to adjoining streets or lands. Lighting of site features, structures, and access ways is proposed in an appropriate manner. 2. All exterior lighting shall be in compliance with the Outdoor Lighting Standards unless otherwise approved and noted in the final PUD documents. Up lighting of sitefeatures, buildings, landscape elements, and lighting to call inordinate attention to the property is prohibited for residential development. Staff Finding The applicant must meet the outdoor lighting requirements set forth in the City of Aspen Lighting Ordinance if the proposed amendment is approved. Staff finds that this criterion is only applicable to this application if it is approved. G. Common Park, Open Space, or Recreation Area. If the proposed development includes a common park, open space, or recreation area for the mutual benefit of al development in the proposed PUD, the following criteria shall be met: 3. The proposed amount, location, and design of the common park, open space, or recreation area enhances the character of the proposed development, considering existing and proposed structures and natural landscape features of the property, provides visual relief to the property's builtform, and is available to the mutual benefit ofthe various land uses and property users of the PUD. 4. A proportionate, undivided interest in al! common park and recreation areas is deeded in perpetuity (notfor a number of years) to each lot or dwelling unit owner within the PUD or ownership is proposed in a similar manner. 5. There is proposed an adequate assurance through a legal instrument for the permanent care and maintenance of open spaces, recreation areas, 9 .. and shared facilities together with a deed restriction againstfuture residential, commercial, or industrial development. Staff Finding Staff finds that this criterion does not apply to this application because the common space is for the benefit of the Clubside Drive Homeowners. H. Utilities and Public facilities. The purpose of this standard is to ensure the development does not impose an undue burden on the City's infrastructure capabilities and that the public does not incur an unjustified financial burden. The proposed utilities and public facilities associated with the development shall comply with the following: 1. Adequate public infrastructure facilities exist to accommodate the development. 2. Adverse impacts on public infrastructure by the development will be mitigated by the necessary improvements at the sole cost of the developer. 3. Oversized utilities, public facilities, or site improvements are provided appropriately und where the developer is reimbursed proportionate[y for the additional improvement. Staff Finding Staff finds that this criterion does not apply to this application. I. Access and Circulation. (Only standards 1&2 apply to Minor PUD applications) The purpose of this standard is to ensure the development is easily accessible, does not unduly burden the surrounding road network, provides adequate pedestrian and recreational trailfacilities and minimizes the use of security gates. The proposed access and circulation of the development shall meet the following criteria: 1. Each lot, structure, or other land use within the PUD has adequate access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. The proposed development, vehicular access points, and parking arrangement do not create tra#ic congestion on the roads surrounding the proposed development, or such surrounding roads are proposed to be improved to accommodate the development. 3. Areas of historic pedestrian or recreational trail use, improvements of, or connections to, the bicycle and pedestrian trail system, and adequate access to significant public lands and the rivers are provided through dedicated public trail easements and are proposed for appropriate improvements and maintenance. 10 .. 4. The recommendations of the Aspen Area Community Plan and adopted specific plans regarding recreational trails, pedestrian and bicycle paths, and transportation are proposed to be implemented in an appropriate manner. 5. Streets in the PUD which are proposed or recommended to be retained under private ownership provide appropriate dedication to public use to ensure appropriate public and emergency access. 6. Security gates, guard posts, or other entryway expressions for the PUD, or for lots within the PUD, are minimized to the extent practical. Staff Finding Staff finds that the proposed amendment would have a negative affect on vehicle circulation due to the inability of non-property owners to access through the proposed security gate. Staff feels that the proposed security gate would slow emergency service response and would create safety issues for bicycles and pedestrians because of increased parking that it would generate on Stage Road. Staff also feels that alternatives can be sought to limit the amount of traffic on Clubside Drive without constructing a security gate. Security gates are to be minimized to the extent possible. Staff finds this criterion not to be met. J. Phasing of Development Plan. (does not apply to Conceptual PUD applications) The purpose of this criteria is to ensure partially completed projects do not create an unnecessary burden on the public or surrounding property owners and impacts of an individualphase are mitigated adequately. If phasing ofthe development plan is proposed, each phase shaN be defined in the adopted final PUD development plan. The phasing plan shall comply with the following: 1. All phases, including the initial phase, shall be designed tofunction as a complete development and shall not be reliant on subsequent phases. 2. The phasing plan describes physical areas insulating, to the extent practical, occupants of initial phases from the construction of later phases. 3. The proposed phasing plan ensures the necessary or proportionate improvements to public facilities, payment ofimpact fees andfees-in- lieu, construction of any facilities to be used jointly by residents of the PUD, construction of any required affordabte housing, and any mitigation measures are realized concurrent or prior to the respective impacts associated with the phase. Staff Finding Staff finds that this criterion does not apply to this application. 11 .. CLUBSIDE AT MAROON CREEK PUD AMENDMENT APPLICATION: TABLE OF CONTENTS: 1. Cover Letter from Maroon Creek Construction Company. 2. Letter from Clubside Homeowners Association. 3. Letter from Maroon Creek Club Master Association. 4. Letter from Clubside Association CPA Showing Owners Authorization. a. List of Clubside Homeowners & Property Profile. 5. Vicinity Map. 6. Clubside Site Map (Located in Folder Back Pocket). 7. Privacy Gate Plans and Rendering. 8. Written Response to Review Criteria and Existing Conditions. 9. Fire/Law Enforcement Authorization Form. . ..1 / 89- 4--O Â« I and associates 605 EAST MAIN STREET ASPEN, COLORADO 81611 TELEPHONE 970/925-4755 FACSIMILE 970/920-2950 January 17, 1997 Sara Thomas City Zoning Officer Community Development Department 130 S. Galena Street Aspen, CO 91611 Re: Lot 50, Maroon Creek Dear Sara: Thank you for taking the time to meet with me. Based on our meeting today and the follow- up to our last month's meeting, the following issues have been resolved: 1. Building footprints will be allowed to move within the building envelopments as defined on the Detailed Submission. 2. Based on our conceptual design, units will be attached by a common wall of about eight feet in length. 3. Grading and landscape walls up to 30" will be allowed within building setbacks. 4. The final grading plan will be used as a base for all height measurements (ie. existing grade will be classified as the same as our final grades). 5. Entry gates and walls will be allowed within the setbacks if less than six feet in height. 6. The garage and basement levels, being totally below grade (except for the garage door), will be exempt from F.A.R. calculations. If this is your understanding of what transpired during our meeting, please sign this letter and return it in the envelope provided. Thank you for your prompt attention to this matter. Sincereiv /*1 Date, 1 1 C.,1 I i r . Les FUsen~imirr. R.A. Gatl--3>k-.0Â«oe:.0 Associate Sara Thomas -- : liff . fl AA' ME. Maroon Creek Construction Company To: James Lindt September 12, 2001 City of Aspen - P&Z From: Bill Itzla MCCC Subject: Request for PUD Amendment - Clubside Privacy Gate. Maroon Creek Construction Company has been hired by the Clubside Homeowners Association to erect a Privacy Gate at the entrance to Clubside. The following documents should fulfill the requirements for the PUD Amendment Application. If you require any additional information, please contact me. Thank you for your assistance in this matter. Thank you, ~ Â»Mrm Ita-9 /7 V MCCC V Â· 970-920-9403 300 Puppy Smith Street Â· Suite 205-254 Fax 970920-3740 Asgen, Colorado . 81611 1 01 01:09p ~avid M. Rosner ~70-544-0707 P.1 Bonnie L. Rosner Attorney at Law 2599 N.W. 63rd Lane Boca Raton, FL 33496 Tel. 561-241-3500 Fax 561-241-0092 Augusl 30,2001 City o f Aspen Building Department Aspen, Colorado Re: Maroon Creek Club Lot -50 Gentlemen: Relative abo ve captioned property, be advised that I am the Chairman of the Clubside Homeowner's Privacy Gate Committee and this submission is made to you on behalf of the Clubside I-Iomeowner's Association. There are a total of eight homes in the Clubside development which is located directly adjacent to the Maroon Creek Country Club entrance. All of the Clubside property owners are having a very serious problem with people ringing our doorbells at all hours of the day and night looking for the Maroon Creek Country Club or the music school. these are not isolated incidents but multiple daily occurrences. It not only causes a tre.mendous nuisance to all concerned but is also a safety risk as there are several very young children residing in the Clubside development and they are all about in the small street area adjacent to their homes. Cars are constantly entering the development, some at rather high rates of speed, with the drivers under the impression that they are entering the country club premises. We are all concerned for the safety ofour children and urgently request your assistance to alleviate this serious hazard. All of the property involved in this request is privately owned by the Clubside Ilomeowners Association and the roads are maintained and plowed by the Associaton. Ve~' truly yours. f n ,1 \VA 9% f /1 P' L. RomsÂ«/ innt DY i Willl Am I 1111flfi + A{ifiridat fitii 370 820 08{18 i .10-01 0;22PM; Pagn 1 /fi fÂ·Â·*.11 * 1 A, 1 1, 11 1~ 1 . / 11 n .â€¢L ./ 16 August 2001 Clubside Townhornes at Maroon Creek Club c/o Mr. Jordan Ginsburg fax to 544-5189 re: Maroon Creek Club Lot 50 Site and Architecture Review Committee Approvals Jordan This will confirm that the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association, by a vote of the Committee members present at the August 15,2001 meeting, granted the following approval: Final [construction document] Architectural Approval for an entry gate and security controls as provided by the Maroon Creek Club Design Guidelines based on the attached plans received 7/2/2001. Approval to proceed with construction was included in the approval granted. Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association does not constitute an assurance that the design of the project or the application complies with all applicable provisions of the County approvals for the Maroon Creek Club or that a building permit will be issued. It is the owner's responsibility to obtain building and other permits as may be required by the City of Aspen Please let me know if you have any questions regarding the Committee's action, or if we can be of any further assistance. RJ LI--0 William Lukes AIA Architectural Advisor, Maroon Creek Club Master Association copies: Gary Albert, President, MCC Master Association Brian Martin, SARC POS 'i Ol:riet BOX 81*9 A.p} -1 C 01 OR .; Dii 8/01? 970.920 09/9 1 A x 410.h98(1 .. Certilied Public Accountant Carl B. Linnecke, CPA, P.C. 2.I 5 South Monarch Street Â· Aspen, Colorado 8 I61 I Â· TEL 970/925-1040 ' FAX 970/915-4468 September 17, 2001 City of Aspen 130 S. Galena Street Aspen, CO 81611 Re: Clubside at Maroon Creek Owners Association Dear Sir or Madam: All of the members o f the Clubside at Maroon Creek Owners Association have been assessed for the completion of a privacy gate at the entrance to their property. This was approved and agreed upon by all of the members. Following are the members ofthe association: Stuart Bernstein & Mel Estrin Rudi & Karyn Scheidt Dan & Maureen Holman Ron & Vicki Simms Mick & Marie Seidl Richard & Carolyn McRae David & Bonnie Rosner Jordan & Betty Ginsburg If you have any questions or need additional information please feel free to call me. Very truly yours, OJARU Carl B. Linnecke, CPA .. Property Profile Account: R016696 Account Type: Tax Year: 2001 Version: 20011232999 Parcel: 273502310001 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,831.40 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description SCHEIDT RUDI E JR SUB:CLUBSIDE AT MAROON CREEEK LOT:1 6230 RIVERGROVE COVE MEMPHIS, TN 38104 Property Location ASPEN, 81611 Assessment Information Actual Assessed SQUARE fEET Acres Taxable ~Tax Year: 2001 Land 900,000 82,350 10,530 improvements 2,879,600 263,480 Exempt Total 3,779,600 345,830 ,345,830 Tax Yean 2000 Land 750,000 73,050 5,028 0 Improvements 2,645,000 257,620 Exemit Total 3,395,000 330,670 ,330,670 f:- did PITKIN COUNTY .. Property Profile . Account: R016697 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310002 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 12,598.16 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal DescrÂ£ption HOLMAN DANIEL V & MAUREEN F SUB:CLUBSIDE AT MAROON CREEEK LOT:2 1500 N LAKESHORE DR #18C CHICAGO, IL 60610 Property Location ASPEN, 81611 a- Assessment Information UNEE@ENEE , Actual Assessed SQUARE FEET Acres Taxable Tax Year; 2001 Land 900,000 82,350 10,532 Improvements 3,496,100 319,890 Exempt Total 4,396,100 402,240 ,402,240 Tax Yean 2000 Land 600,000 58,440 5,030 0 Improvements 2,645,000 257,620 Exempt Total 3,245,000 316,060 ,316,060 PITKIN COUNTY .. Property Profile Account: R016698 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310003 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,753.72 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description SIMMS RONALD A & VICTORIA M SUB:CLUBSIDE AT MAROON CREEEK LOT:3 TRUSTEES 1801 CENTURY PARK E STE 1930 Los Am:}86% i la lue 4-1 Property Location ASPEN, 81611 AI. Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,551 Improvements 2,852,500 261,000 Exempt Total 3,752,500 343,350 ,343,350 Tax Year 2000 Land 750,000 73,050 5,049 0 improvements 2,595,400 252,790 Exempt Total 3,345,400 325,840 ,325,840 PITKIN COUNTY .. Property Profile Account: R016699 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310004 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,688.26 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description SEIDL JOHN M & MARIE SUB:CLUBSIDE AT MAROON CREEEK LOT:4 15 OAKWOOD BLVD ATHERTON, CA 94027 Property Location ASPEN, 81611 1 Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 Land 850,000 77,780 10,524 improvements 2,879,600 263,480 Exempt Total 3,729,600 341,260 ,341,260 Tax Year: 2000 Land 600,000 58,440 5,022 0 tmprovements 2,595,400 252,790 Exempt Total 3,195,400 311,230 ,311,230 PITKIN COUNTY .. Property Profile Account: R016700 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310005 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,683.57 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description MELVYN & SUELLEN ESTRIN SUB:CLUBSIDE AT MAROON CREEEK LOT:5 BK:0045 C/O ESTRIN INTERNATIONAL PG:0030 7200 WISCONSIN AVE SUITE 600 BETHESDA, MD 20814 Property Location 5 CLUBSIDE DR ASPEN, 81611 *. Assessment Information ~ Actual Assessed SQUARE fEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,484 Improvements 2,828,000 258,760 Exempt Total 3,728,000 341,110 ,341,110 Tax Yean 2000 750,000 73,050 4,982 0 /.......~~~~ Land Improvements 2,597,900 253,040 Exempt ~~ Total 3,347,900 326,090 ,326,090 PITKIN COUNTY .. Property Profile Account: R016700 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310005 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,683.57 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description MELVYN & SUELLEN ESTRIN SUB:CLUBSIDE AT MAROON CREEEK LOT:5 BK:0045 C/O ESTRIN INTERNATIONAL PG:0030 7200 WISCONSIN AVE SUITE 600 BETHESDA, MD 20814 Property Location 5 CLUBSIDE DR ASPEN, 81611 ~ Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 LAnd f 900,000 82,350 10,484 Improvements 2,828,000 258,760 Exempt Total 3,728,000 341,110 ,341,110 Tax Yean 2000 Land 750,000 73,050 4,982 0 Improvements 2,597,900 253,040 Exempt Total 3,347,900 326,090 ,326,090 PITKIN COUNTY .. Property Profile Account: R016701 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310006 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,676.36 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description MCRAE CAROLYN S SUB:CLUBSIDE AT MAROON CREEEK LOT:6 210 E CAPITAL ST STE 1525 JACKSON, MS 39201-2304 Property Location ASPEN, 81611 1 Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,642 Improvements 2,825,500 258,530 Exempt Total 3,725,500 340,880 ,340,880 Tax Year: 2000 Land 750,000 73,050 5,140 0 improvements 2,595,400 252,790 Exernpt Total 3,345,400 325,840 ,325,840 PITKIN COUNTY .. Property Profile Account: R016705 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310007 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,220.34 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description ROSNER BONNIE L RESIDENCE TRUST SUB:CLUBSIDE AT MAROON CREEK LOT:7 50% 2599 N W 63RD LN 1064.1Â»,1 1 Ft_ 334 4 6 Property Location 100 CLUBSIDE DR ASPEN, 81611 ~ Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,718 improvements 2,666,300 243,970 Exernpt Total 3,566,300 326,320 ,326,320 Tax Ye*: 2000 Land 900,000 87,660 5,163 0 Improvements 1,766,600 172,070 ~ Exempt i Total 2,666,600 259,730 ,259,730 PITKIN COUNTY .. Property Profile Account: R016705 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310007 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 10,220.34 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description ROSNER BONNIE L RESIDENCE TRUST SUB:CLUBSIDE AT MAROON CREEK LOT:7 50% 2599 N W 63RD LN BotÂ© 0-05Â¥1 fl. 33 4 9 4 Property Location 100 CLUBSIDE DR ASPEN, 81611 .. Assessment Information Actual Assessed SQUARE fEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,718 Improvements 2,666,300 243,970 Exempt Total 3,566,300 326,320 ,326,320 Tax Yean 2000 Land 900,000 87,660 5,163 0 Improvements 1,766,600 172,070 Exempt Total 2,666,600 259,730 ,259,730 PITKIN COUNTY .. Property Prof#e Account: R016709 Account Type: 1000 Tax Year: 2001 Version: 20011232999 Parcel: 273502310008 Area ID: 001 Mill Levy: 31.320000 APR District: Estimated Tax: 12,179.72 Status: A * This Mill Levy is from the most recent tax roll Name and Address Information Legal Description GINSBURG BETTY A REVOCABLE TRUST SUB:CLUBSIDE AT MAROON CREEK LOT:8 0100 CLUBSIDE DR ASPEN, CO 81611 Property Location 200 CLUBSIDE DR ASPEN, 81611 .A Assessment Information Actual Assessed SQUARE FEET Acres Taxable Tax Year: 2001 Land 900,000 82,350 10,957 improvements 3,350,000 306,530 Exempt ~ ~ Total 4,250,000 388,880 ,388,880 Tax Yean 2000 Landâ€ž/6 900,000 87,660 5,145 0 improvements 2,106,700 205,190 Exempt Total 3,006,700 292,850 ,292,850 PITKIN COUNTY ' 0 i# & 1 h 1 4 1 1 1 ----- 1 1 300006 \ 100 1 tur41;ime garch U 1 1 .1 1 1 11 1 1 \1 I N 300003 j' ao o ~ 300007 0, 0 0-1 '% 1 , 1/ F - i i- % *~.... 11, ~t 400004 4 1 ,/ 4 JIN i h . 5551 11 \\ r =-a- I lili 1 0 '1 0 L "I i I 434 ji_ 3090510 - - 1 1 ~~ ~~ -~.~~ ~ ~ ; ~~3~51 -7 5 31 / 1 /11,\ 4. . /. 2732-Â·- ~=1--- 1 1 1 , ro n Crdek Club 1 10 1 1 2 41 I *- /~ F~ - :.1- 1000'rd ~. ide at Maroo~ Creek 302001 ~ ' 4, 11100*... 3'0008 liMP'r-1 310001 1 (44 40,41. 402 31 foodr, 209053 - 1 ./. 4 E k ID/ 40~2 Zoline ot SÂ¢Ii 401 D 40; 01, \ V. 302002 40 '-aaÂ· #- r 0. 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I &. ~, 944)i I~._- p...1 LI, ' , $. 411 1: fl rk-1 t -\ Â¢ft- -1 2 0 1,-ri ' l',r-1-1+ T-.1 1.1~~-1 9-1 2--p>- 1, f L=,-3 ,=2_ -IL_ 1 -r- 1 -67:3 1 1 ' -4 11- - V--1 1 1/1 ly'l NX \-- ---41. , -Â¥ E- 2 ~-rizdE-'441 11]1 7.Vike '.0- -1:-f~ --41 64- -- _ -1_[!1 [ Ul.*-31 -- _ /-/,/4/4;Ti-Â£ I-<-_lÂ£ f-11 -2%7.-3-rr'F-TLIESS 7- 7---42/m. 7 d -=b 9---74#.- -0-7- 'Ul--I - PICASSO GATE CLUBSIDE SCALE: NOT TO SCALE DATE: 8/21/2001 SHEET 3 OF 8/21/2001 5:45 PM FROM: Fax Liberty CAD 'TO: 1.-970--920Â· 3740 ['AGE: 09.L OF 001 8/21/2001 5:50 PM FROM: Fax Liberty CAD TO: 1 970 920 -3740 PAGE: 001 OF 001 FREE EXIT FREE EXIT , 51 L Loop LOOP L g, . I : \, I / 3'-6 " 3'-6 " 1 5 : i 9 20,-6,1 2.3, 4 4 , , / 1 6. ~f STATIONART Â»CY L PEDESTRIAN PANEL ~ GATE kfue GROUND GROUND LOOP LOOP e e :R LOCATION OF J.I.C. CONTROL PANEL 4 BATTERT 0 0/ BACKUP Fl qÂ» El \ TELEPHCNE ~ ENTRT SYSTEM Â»3 4 PICASSO GATE CiT TRETMR 21'1 0 0 NEW LANTERN *229 \00/ STATIONARY- PEDESTRIAN G--3.Ca PANEL -5- GATE & L JL_,<PL 1 ,,0==sis-3,-__Vb<-4X i 72< - 7-%~1 4 flul[ 1 79 " J E ll[68 b 1 ][1 9 1 1- 1 1 -1 i 'll ][k Gre-][ 1 24 : Jp*4 : ~ JO I I J 1 01~Â§ . \ TELEPNONE , h 1- i i 3'-6" , 2' , 'j ENTRY SYSTEM 4 k , 3'-6" r , 4 4 31 :9 42' ' , ~\ EXISTING WALL 8 ~ U.1/NEUJ COLUMN PICASSO GATE CLUBSIDE SCALE: 1 /4"=1 '-0" DATE: 8/21/2001 'dil .51'8 - 1 0 ..rn- Maroon Creek Construction Company WRITTEN RESPONSE TO THE REVIEW CRITERIA AND DESCRIPTION OF EXISTING CONDITIONS AT CLUBSIDE: Clubside at Maroon Creek is made up of three (3) duplex and two (2) stand-alone units, for a total of eight (8) Town Homes. Maroon Creek Club Golf Course, the Clubhouse and pool, border the Clubside Sub-division on the North and West sides. On the South side is Highway 82, with Stage Road bordering the entrance. There is only one entrance into Clubside. The road is approximately 500 feet long with a Cul De Sac at the end to turn around. Each unit has access to this road via a short driveway that ends at the garages. There are additional areas for visitors to park in front of the units, which allows adequate clearance for emergency vehicles to pass on the road. The present entrance into Clubside has a 45'0 wall on each side, with columns on each end. The proposed Privacy Gate would be located on the end of the wall, farthest from Stage Road. This allows ample space for vehicles entering Clubside to pull off of Stage Road to use the Telephone Entry Keypad. The box, with a key for emergency vehicles, is located on this stand. The Aspen Fire Protection District (Orrin Moon) has reviewed these plans and approved them. The proposed Privacy Gate has been designed by Robert Trown & Associates, who is the Architect of record for Clubside. The proposed gate will require two (2) additional columns to support the gate. These columns will be built with the same stone that is on the existing columns and walls. This stone has been used on all of the existing buildings at Clubside. The design of the hand forged steel gate matches existing railings, both in design and color - Antique Bronze. The two (2) new lanterns (lights mounted on the columns) also match the existing lanterns installed through out the sub-division. On the right side of the Privacy Gate is a Pedestrian Entry Gate, which will not be locked. The Proposed Privacy Gate, design, materials and colors, blend in with the existing Architecture at Clubside. A copy of the Privacy Gate Plans is attached for your review. Picasso Gate, who will erect the Privacy Gate, has installed over 20 gates in Aspen/Pitkin County, including the Privacy Gate at Wildcat Ranch. The home owners want to install this gate to keep out none essential traffic and visitors from driving into the complex at all hours, and knocking on their doors looking for the Maroon Creek Club House. And to protect the safety of their smaller children who play on the private road, riding trieyeles, roller blades, etc. V Â· 970-920-9403 300 Puppy Smith Street Â· Suite 205-254 Fax Â· 970-920Â·3740 Aspen, CO|orado , 81611 2001 Fir Iaw Enforcement Ra/ Entry System 0 AUTHORIZATION/ORDER FORM ./ artou[0 ' L IFE SAFETY + SYST EM~ Effective 1/1/2001 .LORDERED BY: 4 INSTALLATION ADDRESSES Section â€¢ (Required by Fire Department) Section ~ Company/Name: Date: List street addresses and cities where items Street: will be installed. Attach separate sheet for additional installation addresses. City/State: Zip: 1. Bldg. Name : Contact Person: Phone: ( ) Street RO.# (Gov. agencies only): City ! SHIP TO: (Street Address ONLY - No P.O. Box.) . 2. Bldg. Name Company/Name: Street: Street City: County: State: -Zip: City Contact Person: Phone: ( ) PAYMENT INFORMATION E-mail Address: (to receive UPS trackine- - 1- 1," ilK-2- If' 467*.4 --rÂ·:p,e=~I--r~-42-r;Al " 1 F ~17â€¢la.Â· : â€¢ A .23 r-lrt#i'*.4, A 1 1 ' 11 1,1./b -111. 1 4, a.~ ,4 L. 1- 1., 11 ./. 1 1- 1 t, 62595 1 r MT.' IREÂ¢ 1 Orrin Moon Fire Protection Specialist Â· Aspen Fire Protection District, 970/925-2690 Â· 420 E. Hopkins Â· FAX 970/920-4451 Aspen, Colorado 81611 . 8 0-41- ,4 04â€ž FOR KNOX USE ONLY ~AUTHORIZED FIRE AGENCY SIG~ATURE E s 0/N i VERIFY REC'D System Code r ILL_ Â·1 lrI- 4 1,- '7-I---1 i;St +1' =1212+T-7,--1-,I=...hu _1 11-1-1 '4 I l'i IL-LlÂ·U,â€¢14* I I-,- ...., -.M.===m.=-....M - USE 2001 PRODUCT PRICE LIST ON BACK OF THIS PAGE Sectio 64 Fire Dept. Use Only Qty. Part # Item Description Color Weight Price Ea. Total U Check here if products ordered on this form must bc SUBMASTERED Add $7.00 to EACH item MAKE CHECKS PAYABLE TO: KNOX COMPANY suBTOTAL ordered Send This Form With Shipping & Handling Customer Service Hours: Payment to: 1 lb. to 71bs, $6.00 $ M-F 6:00 am - 4:00 pm PST 8 lbs. to 25 lbs. $13.00 Shipping & Handling $ ~ KNOX COMPANY 26 lbs. to 50 lbs. $25.00 l~COMPANY Priority Shipping (Please call Knox) $ 17672 Armstrong Ave. 51 lbs, to 75 lbs. $37.00 800-552-5669 â€¢ 949-252-8181 Irvine, CA 92614-5728 75 lbs.+ call Knox for quote. Pre-Payment TOTAL: $ Fax: 949-252-0482 Alaska, Hawaii - Ca//for rates. *CA Tax: 7.25% â€¢ CA, Orange County Tax: 7.75% www.knoxbox.com F,10-0003 11/2000 Â© Copy,ighl - KNOX COMPANY 20C0 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 01 Maroon Creek Construction Company To: James Lindt October 24, 2001 Aspen Planning & Zoning Dept Fax: 920-5439 From: BilI ItzIa MCCC Subject: Clubside PUD Amendment. James, I am attaching a copy of the signatures for 7 out of 8 of the Homeowners at Clubside. I Fill forward the 8th signature when I receive it. This 9.1,0.iM zoir.ob Wil. he 6 out of 8 signature requirement. If you have any questions, please, call me. Regards, Ad / \Bilf ItzliÂ¢ 0 / MCCC C Attachidents: C 8 pages). ~ V Â· 970-920-9403 300 Puppy Smith Street Â· Suite 205-254 Fax Â· 970.920-3740 Aspen, Colorado , 81611 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 02 .. I/we the undersigned, agree to the erection of the Privacy Gate at the entrance to Clubside at Maroon Creek, as approved by the Clubside Homeowners Association: Lot # 11 Rudi E. Scheidt, Jr. 1/~ 6230 Rivergrove Cove Memphis, TN 38104 Lot # 2: Daniel V. & Maureen F. Holman 1500 N. Lakeshore Dr. #18C Chicago, IL 60610 Lot # 3: Ronald A. & Victoria M. Simnl~- Trustees 1801 Century Park E. STE 1930 Los Angeles, CA 90067 Lot # 4: John M. & Marie Seidl 15 Oakwood BLVD. Atberton, CA 94027 Lot # 5: Melvyn & Suellen Estrin, b~ C/O Estrin International 7200 Wisconsin Ave., Suite 600 Bethesda, MD 20814 Lot # 6: Carolyn S. MeRae 1/ 210 E. Capital St., Suite 1525 Jackson, MS 39201-2304 Lot # 7: Bonnie L. & David Rosner 1,/~ 2599 N. W. 63rd Ln. Boca Raton, FL 33496 Lot #8: Betty A. Ginsberg 0100 Clubsi(ie Dr. Aspen, CO 81611 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 03 10-16-2001 12:4~ FROM ROSNER 561 24 1 0392 92 10/13/2001 09:53 570-928-3740 MAMAN U#LK CONS I FAGE UU / ew Ik..th. ..49/.4*..4.,eltâ€¢thâ€¢ Iroction or,h. Friv,ey Gat' st mle -r,nr.,0 Clublide et Mâ€¢roon Creek â€ž ~prov,d by *e Â¢66.Id, H,=00-*er, A.0.1.~6.: 6*L!!11 R.N 1 5-lat. Jr. *230 Rhâ€¢grov, Ove M-~6. IN 30104 - 1 1000 N. 1.ak-Dore Di. #I *C Ckle.. 11. .610 -- R,"MA*vktoriaM.*im--Trin-__ 1-1 C-tâ€¢ry Pork E. STE 1930 Le, A..14 CA 90*7 6//2.11 Joil M.â€¢Mar. S.idl ---- - 15 O.kâ€¢-d BLVD. Atbortin, CA 94027 0 M.1.* a Bu,-1 Est,10. Cm E*M Imtâ€¢rm,00.1 900 Wlcia- Ave. Sulâ€¢ GOO Bethed., MD 20:14 1411*i Carotyâ€¢ S. MeR.. 871,41 1. ?ligte- 210 E. Cal,ital St., S.Ate 1328 1 hek-, MS 3~2014304 121.11 4) 0.-e L. A D-M Reâ€¢â€¢â€¢r . 2071,;t/ 41.0'& gA . 1899 N. W. 63* Ln. Boâ€¢* 1**0*. FL 33496 16*di Bon, A- Gle.Der, 01- WADr. Asp-. CO â€¢1611 , 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 04 10/17/2001 12: 13 ,1,3105560374 SIMMS . CIAL DEV PAGE 02 wi- 1 0--wl.9 1 1.-M ,- KUM HUSNE* bbil 241 00/2 P. 2 JÂ¥/4.11/200J ly: b,- 9/0-92U-3/48 MAWWUN VUK UÂ»6 1 HAUE 02/02 1'- 16â€¢ .. /014 /Iâ€¢, apee t. tht er.,~10..f 0. hi-y G- R 4 / Intrt- t. Cle-dâ€¢ mt M...0 C-k........d by *â€¢ Cli-de Hom.-â€¢- A.0,4/1- Iâ€¢Litt R./ 1 â€¢châ€¢â€¢4 JrÂ· 5230 Rt.4-0 C.. Mwipki., IN 30104 -.-2 L.LU Dâ€¢:61 V.*Mar- F.Ed-0 1300 N. 1,1-h- Dr. #1:C Chle., IL 60110 . Laull R...M A. a Vt-*i, M. StÂ»amâ€¢ - Tr-133*474- 447;irT~ Â»,1 C.1-7 Park E. WTE 1930 Leâ€¢ Ail/* CA 90067 L/N 4: 30**M./Mal,-1 , 15 0,1...d BLVD. ---- Ath..10.0 CA-27 I . Miliye a Â§-1- 19*14 00 -bl 7210 Whelli,h Ava. Smite GOO le'bioN' MD <14 I~tlit Cm# & MeR- 110 1 Cap*~1 Ntâ€ž Sibe 1525 J.ek-, Mimel-2Â»4 - 70 L. 6 David R.-r -Â£- , UPI N. W. 63* 1- -- 1 1 1.1, A-Gbber, 0100 Club.idÂ® Dr. A,p-, CO /1611 10/24/2001 16:58 970-920-3740 MARRON CREEk CONST PAGE 05 Sent By: NBC Capital Manlits Group; 9018423879; ~ct-17-01 1:28PM; Page 2/2 .. 10-16-2001 12:36PM- FROM ROSNER 561 2d.1 0092 P. 2 10/13/2001 09: 53 97-8-920-3740 hWÂ«~1 CHEEK CURS 1 pAGE 02/02 1/we the undersigned, agree le the eq,tion of thÂ® Privacy Gate at the intrance to Clubmide mt Marooh Creck i approved by tbe bs Homeowners Association: /1 Rudi E. Scheidt, Jr. *Z30 Rivirgrove Cove Memphi.. TA 38104 8 . 31\7.,0 Lot #Â¢ 2: Daniel V. & Manneâ€¢ F. Holman 1500 N. L.k=hore Dr, #1BC Chicago, IL 60510 621.111 Ron.ld A. & Victoria M. Simms - Trustees 1801 Century Park E. STE 1930 Les Angela, CA 90067 _ Lot # 4: John M. & Miric Seidl 15 O.kwood BLVD- Atherton, CA 94027 Lot # 5: Mdvyn & Suellen Estrin. C/O E,trin International 7200 Wisconsin Art, Suite 600 Bethad., MD 20814 Lot #6: Carolyn S. MoRâ€¢e 210 E. Capit.1 St., Suite 1515 Jack,on, MS 3~201-2304 7â€ž357 621Â£21 Bonnic L. & David Rosner 6.014-UL/ -- 7*0 y 2599 N. W. 634 Ln. Bot, Rate*. FL 33496 LoiNS: Betty A. G in,birt 0100 Clubside Dr. Aspen. CO 81611 10/24/2001 16:58 970-920-3740 MARRON CREEK UUMbi 10-18-20-0-~- 67.* FROM ROSNER 561 241 0092 ~ P. 1 gluuJ Will V . Reb . LU . , 1-L~ 1Vt 101 VI 14.44 raa '44;25X KuBNER 561 241 0092 P. 2 18/13/2001 09: 93 978-92U-3 740 MANNON 94114 U.~6 1 PAUE 0'2/02 -.. It,ve tbe -denigntd, â€¢crce to th, crection of the Privâ€¢cy G,te st th, etltram:, 4 aabsidÂ¢ *r Man- Crtek, u approved by thr Clublide HomesÂ¥â€¢tr; A,wehtion: 1.ei1i Rudi K Scheid:, Jr. 6230 8.1-ZixeÂ¥. Cove Me.*4 13 38164 Daniel v. 6 M--â€¢ F. Helms t - 1900 N. L.keÂ®hon Dr. *IDC Chic.go, IL 60619 C~OA. & VIctirb M. Sim:.0 - hust- 1991 Coutury ht* E. STE 1930 Lo. Angeles, CA .*7 . 621Â£14 Jok, M. * M.â€¢iâ€¢ 5061 1$ Oâ€¢kâ€¢-d BLVP. Alherton, CA 94â€¢27 MetÂ¥,m & S.â€¢18- Dtria, 7.9Â» %Â»laL-- r Cto **frill kle=*tiond 7200 Wiâ€¢Â¢0-Eâ€¢ Ave., 8â€¢tite 1%00 9.8.0. MD 20014 -jo Lat#6: careÂ» S. Me]R- ..../.1.- 110 1 Câ€¢pit.1 St. S.ftÂ® 1525 3.rks.4 MS 39201-2304 Lot # 71 B.nie L & Pâ€¢vid Re=r 0# 4.f //.- . 299 N. W. 63Â»* L. Bou R.toâ€¢, EL 33496 -*.- 1 .. Iâ€¢,0 2: Bety A- Gln,Ders 0100 gub#ide Dr. A,p- CO 81611 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 07 OCT-17-2001 05: BA/IRM BETTY A GINSBVRG ASID ~ 561 487 4523 P.01 18-16-2001 1.2~ PROM ROSNER '561 241 0092 v=v P. 2 1 U' 4 41/ 40(Aa 1,3- U.9 - 5,0.,Lves'.41 P'/4/4/*WN WW#LÂ£* LUNS I PAGE B2/02 'Ave:he ud.nigned, aerce tâ€¢ the Â®roction â€¢flk. Privacy G.â€¢ â€¢ thâ€¢ â€¢â€¢tran- to Cluboldâ€¢ at Man- Crook. u *,Prona by tbâ€¢ Club,!d, Homeown.n Anâ€¢â€¢1â€¢11- Ullk R." 1, Sehak Jr. -' - 6230 11- ppove CoÂ¥â€¢ Mâ€¢=,1,10, TN 31104 IaLU Dâ€¢.61 V. * Ma-= F. Hol-0 1- M. Iah-hon Dr. #1*C C.-, It -to Ul.U Ronald A. a VIctoria M. 843=0 - Trwtee. 1501 Cootuy Park L STE 1930 Lo, A~,1,1, CA -67 . 1,~1.6 Jean M.a MaN 8,~11 . 15 0*kâ€¢-d BLVD. Atherton, CA ~4027 - . 0 WN Mâ€¢hy. â€¢ 8-1. Iâ€¢11'In, - I . C/O Elt,im 1*lit.:64,1 7200 Wlme,10 Avee Sâ€¢ltâ€¢ GOO Belhe.d., MD -14 , ... - 1:211Â£ Carly. 8- M.Ru -1,- 210 1 Cap#.1 11., hiâ€¢ 1315 Jackwa, MS 39201-1304 1,1 0 7: Boute L â€¢ D-d Rosm. . 2599 N. W, 634 1.4 D- Nat- FL 334% -rk- O- /7 8.14 k Ghbwl 01.0 Clubdde Dr, As,â€¢1, CO â€¢1611 ULL Â© L L 1 4,/ ' r--0 - lk. f . . 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 08 .. Itwe the uidâ€¢râ€¢4Â»â€¢a, agr- to the Â®rÂ«:tion ofthe Privacy Gat, mt the entrance to Clubmide mt Mâ€¢rwl Creek. 0 â€¢pproved by tbe Clubside Homeowners As,oc-iâ€¢la: LMik RuÂ¢Ill( Schaidt. Jr. 6230 Rivir:rove Cove Memphis, TN 38104 D UU.22 4Â»Â£#?7/94,gr/. D-101 v. A M.mir... F. Holmic 1500 N. Lâ€¢ke,hort Dr. 101 SC Chic.go, IL 0010 Lglil Ron.M A- A Vitori. M. Simms- Truâ€¢t- -- 1801 C.tory Park L STE 1930 Lei Aigel., CA 90067 1.1 4 4. Johâ€¢ M. â€¢ Maric S.idl - 15 O.kieed BLVD. Athen,n. CA 94027 12111 M.h,n & SUâ€¢||- E.trim, - - - -- 00 Eâ€¢tria In/"m.Uowd #00 Wi.con.i. Avc., Snite 600 Bethads MD 20814 12' 0 6: Carolyn & MeR- 2 10 E. Capial Stâ€ž Sniiâ€¢ 1513 Jâ€¢ckton, MS 39201-2304 1,1.!!1 d) .A Beaile L. & David Resner IFÂ»,12U Â».0 ... i*< . 2599 N. w. 631 Lu. mot. R.*en, FL 334% &21Â£*i Betty A. G.*bâ€¢rg 0100 Club,idÂ® Dr. A.p. CO 81611 I00-d 90Z;80 re/er/0I L0I0GZt04G Uetu 10H uec 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 09 10/16/01 20:14~ 16503218955 JOHN&MARIIIBEIDL 201 18-18-2001 1~ FROM ROSNER 581 241 0892 ~ 18/13/2001 63: 53 310-920-3748 MARM,4 CREEK CONS H Itwe :br â€¢Dd.rdin'4*gree te the enetâ€¢m ofthe Privacy Gate â€¢1 {Me eatrance 00 Clubside Rt Matoom Cmkp a *ppmved -* th, Ckibgide Eastow,ter~ 41$*ci=tion. 621Â£4 11â€¢41 L Sch.dt, jr 6230 Rirninv. C Fv. Memphis, IN 3.1 04 1,2112; Dentel v. & Manre.* F. IM-u .. . D 1500 N. Iah.ben Dr. #] SC Chicage, IL 60610 Le;122 Ronald A. & Victo,iâ€¢ M. 5imms - Truâ€¢te= 1801 Century Park E STE 1930 Les Angeles, CA 90067 .. . -1 - Lot i# 4: Jolln M. & Marie Seidt 15 Gikwood BLVD. Ath.Â®*a, CA 94027 ,-tft*,21 0-14< LeÂ¢#5: Meivyn & Suellen Estrin. CO E#ria Int,rutional 900 *beonsin Are., Suite 6[10 Betbed. MD 20314 Lg#6- caN" s, MÂ¢Rat 210 15. Cmpital St-. Suite 1525 J.k"11, MS 39201 -2304 Lot #7: fh- Bonnie L & David Rumer 2_ beUg 4,4 Al- - 2999 N. W. 634 I=. Bor, R.-, FL 33496 -... I-j Ok/- LA# t Betty A. Ginsbe-g 0190 aub,ide Dr. Aspen. CO 31611 ZE ~t BY; Will}Am I HARA + AMAR~BR; 870 FIFO fiR{lfi ; P~,10-01 0 ; 22PM ; Pon# 1/M /////i// O 11 3 ril 76, 1 1/ 1 /1 6.1 A ExAG'00-*84 16 August 2001 Clubside Townhornes at Maroon Creek Club c/o Mr. Jordan Ginsburg fax to 544-5189 re: Maroon Creek Club Lot 50 Site and Architecture Review Committee Approvals Jordan This will confirm that the Site and Architecture Review Committee [SARC] of the Maroon Creek Club Master Association, by a vote of the Committee members present at the August 15, 2001 meeting, granted the following approval* Final [construction document] Architectural Approval for an entry gate and security controls as provided by the Maroon Creek Club Design Gujdelines based on the attached plans received 7/2/2001. Approval to proceed with construction was Included in the approval granted. Approval by the Site and Architecture Committee of the Maroon Creek Club Master Association does not constitute an assurance that the design of the project or the application complies with all applicable provisions of the County approvals for the Maroon Creek Club or that a building permit will be issued. It is the owner's responsibility to obtain building and other permits as may be required by the City of Aspen Please let me know if you have any questions regarding the Committee's action, or if we can be of any further assistance. (u L'.1.-U \William Lukes AIA Architectural Advisor, Maroon Creek Club Master Association copies Gary Albert, President, MCC Master Association Brian Martin, SARC P <> 1 l Olrt. t BOX Altiv 4.1,} Â·Â·; Col o it..1 vt, 8/01' 97/.9,2/3.Og,9 1 A x ,;20.6986 10/24/2001 16:58 ~@-920-3740 MARRON CREÂ£5 CONST PAGE 03 .. 10-16-2001 12:43PM FROM ROSNER 561 24 1 0092 P 2 10/13/2001 Al:53 510-998-3740 148â€¢601 U.U.K CUh61 6,2,10~1 " E Â° Vâ€¢, 16 â€¢adinipil, 4,- ti - Iroetion Inh. Friviey G.t, at :b, ler-- t. Club,- et Mâ€¢roâ€¢â€¢ Cre,14 ....... hy * Cl~biliN kill,0*,In A#â€ždid,I: 6*1111 R.(I lk/*". Jâ€¢. g30 RD.m. ceve M-IIA IN 30104 - Daw v. AM"â€¢r.. F. Holm- _ 1500 N. 1.â€¢1601*ore Dr. .1 *C C/"/4 rL -10 R...M 4 4 VI-ria M. Simm - Trun-- 1-1 Câ€¢-ry Firk E. STE 1930 Les AI,les, CA /0067 latul 3*'FLAM.iâ€¢ Seld! -- 15 0.1-,d BLVD. Albertin, CA 94027 1,2181 M.I.*asÂ¥.1- Est... -- CA,ZI'll.....m,1 900 W.,O.1. APâ€¢. Sâ€¢*12 100 Bethidâ€¢, MD 20:14 6/Lija Camlyâ€¢ S. Mehe 210 E. C.... 81. s.ite im C.,4 1,11/0,9- 1.ek-, MS "2014304 62Ltli /"h L. A D-id R-â€¢r *hou<M f 1- N. W. 63* Ln. 1... I.h"4 FL 33496 -'.. I --- 1 4 ~111 ./1, A. Gl.,bers 01*0 C)Ibelk Dr. Asp-. CO .1011_ _- 10/24/2001 16:58 10-920-3740 MARROW (FiEK CONST PAGE 04 10/17<,70,U-~12: 13 ~5560374 SIMMS CO~CIAL DEV PAGE 02 '- KUM HUSNE:0 be 1 2,11 0~2 P. 2 le/44/'2004 0Â¥40* V/0-,LU- 3/40 MAWWUN ir'tw4 U,6 1 91/4/ 02/92 Lkil/"Imikfil"4./1/01.1heer.B//0 /fle /"b",y G- att/le"trimi " Clâ€¢/â€¢Adâ€¢ it Ma-, C./4//â€¢mm.,0 /7 *â€¢ Cht//IR""IMIn A-â€¢416/1 Iâ€¢*4.11 R./1 ./.d/4 h. . N//pk~, TN Mt/4 111Lut D.6 V. * Manâ€¢- F- Ed-8 1000 N. 1,11â€¢*- Dr. 01*C Chig.B IL -10 /7 UILUE A-- R.m- 4 â€¢ VI-Al. M. Simmo - 1- E-1-7 Park E. WTE 1930 - 1- *911., CA 90*7 Lat& ..M.IM~&0*-1 , IS Ookweed BLVD. Ath,MA CA **27 1,Uls 1M Flill:h Ave~ Smitâ€¢ 690 Belbilli'MD -14 C..... 31.R- 210 1 Câ€¢,~1 lit, Wi lns , D-,6 L. & David R.-r . UPI N. W. 63* 1- - -C 1 n!---* ' . LIL<Ek 0100 Clihide Dr. ADP-. CO;1611 . 10/24/2001 16:58 im@-920-3740 MARRON CFiiE CONST PAGE 05 Sent By: NBC Capital Mark ~Group; 9018423879; ~-17-01 1:28PM; Page 2/2 le-16-2001 12:36PM FROM ROSNER 561 241 0092 P. 2 10/13/2001 09:53 97.8-928-3740 hehÂ»04 04=EK CUMS 1 PAGE 82/02 1/we the undersigned, â€¢gree te the eqtion of the Privacy Gate al the entrance to Clubside mt Maroon CreeD. - approved by tbâ€¢ C~bsi~Homeownen Association: Le111i V (Aol\ lLc_L<)WA,L. 7. Rudi F. Scheidt, Jr. , 6230 Riâ€¢trgrove Cove Memphi*. TN 38104 - -J 39\ 140 Lill.zi Daniel V. & Mannen F. Hojman _ - 1500 N. Likeshore Dr. #11;C Chkage, IL 606 10 1 - - 621112 Ronald A. & Victoria M. Simms - Tru.tees _ _ __ 1801 Century Park E. STE 1930 L. Angel., CA 90067 - L 91141 John M. & M.ric Seidl _ 15 O.kwood BLVD- Atherton. CA 94027 Lot N 5: Melvyn & Suellen Estrin, _ C/O Estrin International 7200 Wisconsin Ave., Suite 600 Betbadâ€¢. MD 20814 Lot # 6: Cart)4n S. MeR- 210 E. Câ€¢Al Stâ€ž Suite 1515 Jackâ€¢on, MS 3~201-2304 621Â£1 1: / Bonnie L. & David Rosner 1 2,#L, 4~4.-LA- r - - 2599 N. W. 63" Ln. Boo Rateâ€¢, FL 33496 ---r-iz~_ 1,01 # B: Betty A. Ginâ€¢bel 0100 ClubsidÂ® Dr. Aspen. CO 81611 10/24/2001 16:58 910-920-3740 MARROW CREEK CON51 1 ...... -V 10-18-20(31 6:11 PM~FROM ROSNER 561 241 0092 P. 1 lv/101 Ul Â·li_~ rl"-194 '41 LU.. LLE El UUJ , rMV ,<u:AER 21 9 24~1~092 P, 2 14/13/20Â¥1 89; 63 , 10.-9.-3,4. MWN, 9406* 961 PA66 02/ 02 - ... Itâ€¢e tbe -d-,i:Â»ed, â€¢Irce to th: erection of the Ptivacy Gâ€¢te st th, e~ers.r â€¢ 40 ambside st Man- Creck, 01 .pprovid by *br Clob.id. 110=e~wder* A.-1.10â€¢: 14116 Rudi E. 51â€¢â€¢id:; Jr. 6210 .1...re. Cove M=â€¢*6 YN 30194 - - Daa&,1 v. 6 1â€¢-=â€¢ F. Hohoan â€¢ 1500 N. L.kul... Dr. 01*C Chic.0. IL 60619 Inald 4 8 Vlitb M. 81.- - h-- 1291 Co-ey fatic E. nE 1930 Loâ€¢ Aageles, CA 900*7 *111 Jok, M. * 24â€¢- 511dl 10 Ookâ€¢-4 'LVP. Atber"94 CA94027 Lot# 5: 309-~ Â»11- r 0/0 E-i. b*=gltio..1 - 1 // I. 9*hesâ€¢. MD *0914 7200 Wi*co- Ave., 01*itâ€¢ 000 ,Â·-' L.#G: carâ€¢Rm S.MeN.e -Il'-/.. -I'll."I.....I - 110 E. C.11.1 84 8,11â€¢ 1525 3.rksâ€¢* MS 39201-2304 Lot# 71 Dinde L 6 P.vid Re.Jier -44, 4. In- - 0- 2,9 N.W. 63*LA ]101â€¢ R,loa, EL 33496 -7-r...P--- %01 # 8: Belly A. GID,DerÂ¥ 0100 Club/- Dr. A.pâ€¢*. CO â€¢1611 '11 10/24/2001 16:58 970-920-3740 MARRON CREEK CONST PAGE 07 OCT-17-2001 05:38 P~ BETTY A GINSBVRG ASID -a.61 487 4523 P.01 19-1 6-2001 12220#l/v PROM ROSNER -661 241 0092 P. 2 1 U' 4 4/4UW .5. 23 - 310-Â»46.S;*41 "'IMWN Wwitw U.INb i PAGE 82/82 ./ Ple"'94â€¢â€¢41â€¢44-1â€¢41 -4- â€¢Ah. Privme Gal. thâ€¢ â€¢---â€¢Club,la.M Mam- Crill. S.â€¢Illoill .7 *â€¢ Club,Id, 110=.wn.n AU.*4*WIWIU 6011 Râ€¢'1 11/.44 Jf. .-- . 6230 RME,rove coN Mimphk â„¢31104 IaLU; r.liaV. * M.UNIâ€¢ F. Hot=.0 lall N. Idjuihon Dr. 01*C c.... 1 -to 40/12 R-Id A. a VIcted. M. Mle,â€¢0 - Trasteâ€¢â€¢ - 1nl Cltur, Park L UTE 1930 Les A~â€¢14 CA -67 L~Lii Al"BLIM.* 81/ 15 0/*.d BLVD. Amorton, CA 94027 Lluut Mâ€¢67.8./.B/4 00 Eâ€¢hil n=,*~aÂ»1 72........ Ants...0 '*110â€¢, Mn 2.14 2 Lplija C..R Â£ M.R. 210 E. C.,*.1 St, 5,1â€¢ 1315 Jackâ€¢ou, MS 39:01-2304 - , 141Â£31 -/7 Bon- L. â€¢ D-id Romer . - -7 - ka,-1-L - . 2599 N. W. 63*LA I- Ratâ€¢. FL 334% *.&- ,. d~Â¥~ Lluwa 14,440./4 01. Clubud. Dr, Aspal, CO â€¢1011 7 - 0.- f /1 0 10/24/2001 16:58 ~0-920-3740 MARRON CREEK CONST PAGE 08 .. Iâ€¢ve :De -dor,4-4, agr- '0 the crietion of the rrivacy Gat. .c the entrance to Clubside at Maroll Crgek. - approved by the Clubside HomÂ©owners Aio-%â€¢12 10*tik R.di Â£ Schaidl, Jr. --1- I.- 6230 11..r,ove Cove Memphis, TN 3*104 - D 14132 D..1.1 V.*Mâ€¢â€¢r- F. H.1... 1500 14. Lâ€¢ke,hon Dr. A SC Chic.go, IL 60*10 LEJEE*t-*â€ž ~t~-- 621.12 R..M A. â€¢ Victori. M. Simms - Trumt- 1801 C.tury Park L STE 1930 Loo A#gâ€¢14 CA 90067 -. 1,91 # 4: Johâ€¢ M. & Marie S.idl - 15 O.kweed BLVD. At~t*ne CA 94027 1â€¢!.lit M~â€¢,n & Sudka Eâ€¢*11â€¢, - - 00 E,tria Inta.lional 9200 Wiscon,i. Amp Snite 600 Bethads MD 2*814 1,0, 0 6. Cmrolyn & MeliaÂ® 2 10 E. Capital Stâ€ž Saile 1513 Jickâ€¢. MS 39201-2304 19111 . n, Bonâ€¢le L. & David Resner -~4@vpl' 42=alÂ«- - 289 N. W. 03* 1,6 Bor) 14*014 FL 334% O--r &2111 Betty A. Gh,bor: 0100 Ch,buide Dr. A... CO 81611 ...r.. -11 I 00' d 90Z:80 Te/8.:/0I Ler061#048 u eut 1 OH U ec 10/24/2001 16:58 21~â€¢920-3740 MARROW CR~ CONST PAGE 09 10/16/01 20:14 }1~6503216955 JOHN&MARIE ~bL 001 10-16-2001 12 264 1-1 FROM ROSNER 581 241 8892 18/13/2001 Wy: 53 310_920-3748 . . Mb:6114 CREEK CONS *' Itive :bc â€¢DI...,mi#*grie te theenetjm! efthe Privacy G,tear <be eatrance m Clubilde .t Matoom {Â»114 - appivld Dy tit Clnbgide 8012,0(19.ne, 4@** 96~16"& L.Ilk Râ€¢411 5â€¢Il-d:, Jr 6230 Ri..11.- C.V. Memphih IN 3@1 04 1,2112; Dent,1V. 1 Manrt.* F. H.1-at 1500 N. L..hmhen Dr. #] SC Chicage, IL Â£0610 Le!132 Ronâ€¢M A. & Victonâ€¢ M. 5imms- Trl.te. 1801 Ceatiuy Park E- 5rrE 1930 Les Angeles, CA 90067 . i - Lot # 4: A . ) \1/A Jolm M. & Marie S.idi .1--, .e. I - 0 15 0â€¢~wood BLVD. Ath-, CA 94027 - _ , A,u/ r-4Â« , V Let# 5: Mehyn & Sue#en Estrtn, C/O Eltri. Ilt,natignid - 7200 *1500nsin AVe., Suite 6110 Be:bed. MD 20314 Le # 6: c.-411 & MeRâ€¢e Â· 210 6 Clpital St. Suile 1525 J.ek,0.1. Ms 39201-2304 . Lot # 71 Â£ A Bonnie L & David Ruiner .~-,Lu - 2399 N. W. 63" I=. .i.--- B.* R-â€¢, FL 33496 ~7.-J ~i - - - Lot#t Betty A Gesberg 0190 Chib,ide Dr. Aspen, 0031611 . JE O Erk 11101.1 0 F * MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Caseload Coordinator Date: October 22,2001 Re: Clubside Drive The Development Review Committee has reviewed the PUD Amendment for a Security Gate to be constructed at the entrance to Clubside Drive at their October 17,2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2, R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Comments 1. Fire Protection District - Requirement - Fire Protection District requests the following revisions be made: a. Has approved the gate type and requires unlimited access to Clubside Drive. 2. Ambulance Services - Requirement - a. No comment at this time. 3. Transportation - Requirements- The information were forwarded by Transportation department: a. No comment at this time 4. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. No comment at this time 5. Parking - Requirement - The following requirement has been forwarded by the Parking Department: .. a. No Comment at this time. 6. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. Requests that if the proposal is approved, then the applicant shall be required to prepare a plat and record it with approval signature blocks from the City of Aspen Fire Protection District, City of Aspen Water Department and Sanitation Department, City of Aspen Community Development Department, City of Aspen Engineering Department, Rich Walker of the Ambulance Services, Holy Cross Electric, US West, and AT&T. The plat shall show the design of the gate, the location of the gate, and will confirm that an access plan has sufficiently been provided for each of these utility services. b. The design of the gate shall contain a mechanism that opens that gate in case of a power failure of greater than an hour. 7. Streets Department - Requirement- The following requirements have been provided by the Streets department a. Feels that the gate is a bad idea for emergency reasons, but the City does not maintain Clubside Drive. 8. Housing Office - Requirements - The following requirements have been provided by the Housing Office: a. No comment. 9, Community Development - Requirements - The following requirements have been provided by the Community Development Office: a. The proposal directly conflicts with PUD Review Criteria that calls for limiting the use of security gates to the greatest extent possible. 10. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. Agrees with the Fire Department's assessment of the gate's design. 11. City Environmental Health Director - Requirements- The following requirements were made by the Environmental Health Director: a. No comment at this time 12. Parks - Requirement- The following requirements have been made by the Parks Department: a. No comment at this time. .. 13. Police - Requirements- The following requirements have been made by the Loren Ryerson of the Police Department: a. The gate must provide access for all emergency services at all times. 14. Utilities: Water: City Water Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. If the proposal for a security gate is approved by the Planning and Zoning Commission, the water department will require that unlimited access be provided by the applicant for maintenance and meter reading purposes. b. Water Department will need gate combo. - Wastewater: Aspen Consolidated Waste District - Requirement - The following was provided by the Aspen Consolidated Waste District: General a. Applicant needs to show utilities on site map. b. Gate posts and fence walls cannot be located on top of main sewer line or in an area that may need to be excavated to repair or access the main sewer line. c. ASCD will need gate combo. Holy Cross: The following was provided by Bob Ballenger of Holy Cross Electric: a. Holy Cross Electric will need gate combo for unlimited access for maintenance and service calls. b. One key to the gate for the entire company will not be sufficient. AT&T: The following was provided by AT&T Dispatch Department: a. AT&T will need gate combo for unlimited access for maintenance and service calls. b. One key to the gate for the entire company will not be sufficient. US West: The following was provided by Randy at US West Engineering Department .. a. US West will need a combo to the gate for unlimited access for maintenance and service calls. b. One key for the entire company will not be sufficient. DRC Attendees Staff: James Lindt Applicant's Representative: Bill Itzla Nick Adeh Other comments solicited via phone and e-mail. r 11 1 .4 1 1.- - - -43"/1 F,; 7: f ' ' L . il . -- =&. IÂ¢tl' '_4..i ",MÂ· I_; v-qm Â·-, I~P ... Maroon Creek Construction Company To: The Planning & Zoning Committee November 6,2001 From: Bill Itzia MCCC Subject: Proposed Privacy/Security Gate fur Clubside. Response to the Memorandum From James Lindt regarding this Public Ilearing. 1 believe that ] understand the intent of the PUD Review Standard. Not to allow gated communities that would incorporate public roads or streets into that community. The property in question is private property. The Town home.% are private residences located on private property and %erviced by a private road (Clubside Drive). Clubside Drive is owned and maintained bÂ¥ the Clubside Homeowner's Association. Therefore, I believe it falls outside the guidelines and intent of Pt[D Review Standard 26.445.050*(4 The owner's of Clubside would like to have the same privileges available to them as any other homeowner. The wanl the right to limit those who come on their property. They want their children to play in their driveways and feel safe about it. They #ant the right to keep strangers from parking on their property and entering their property at al] hours of the day and night. In addition, there is a US Ambassador - Stuart Bernstein -who resides there. lie also, would like the added security thal a gale would provide. Especially, in light of the events of September 1 1 th, There is adequate room and visibility for a vehicle to leave the aren, should they not be allowed to enter. There is more turn around area and easier exit capabilities than there is at the Little Cloud Sub-Division, located in Aspen, nt the corner of 1 Avenue and Cooper. They have been approved and have installed a Privacy Gate fur four residences. In addition. two home sites within the Maroon Creek PUB have installed Privacy Gate%. The Gilardi and Geller Residences have installed similar g:Itcs. And there are over 12 other residence~ in Aspen that have similar gates installed. Al] delivery vehicles, (Federal Express, 1_IPS, li,% Postal Service, ete.), will be provided with their own security codes for access to the property. The utility companies will be provided with their own codes as well as a key to the Knox Box. There will not be any need for deliven vehicles, etc. to ptirk on the street, as suggested in the staff review. The proposed g:,te automatically opens when it senses a pmver out-age (Battery Backup). When power is restored it must be manually closed. It appears that all of the emergency services are satisfied with the operation of the gate. We have added an additional device to improve access for emergency services. In addition to the Keypad and Knox Box for emergency vehicles there will also be a ClicklEnter Device. ClicklEnter provides the emergency vehicle (Law Enforcement, Fire, Ambulance/Rescue) a V Â· 970-920-9403 300 Puppy Smith Street - Suite 205-254 Fey 970Â·320,3740 Aspen, Colorado Â£ 81611 I.0 71 521 14 Â·,it' Maroon Creek Construction Company November 6, 2001 quick, safe, reliable and stealthy means to activate the gutes. They use radio frequencic,< from their vehicle radio transmitter to open the gate. The Public Safety Agencies are provided with FCC-assigned radio frequencies for their radio transmitters. This solution will work with their current radios - both mobile and portable With the proper frequency a vehicle, within the prescribed range, sends a radio signal to open the gate. They send 2 short transmission pulses from their radio transceiver and the gate is opened. There ix additional, detailed, literature available furyour information. I am asking on behalf of the Clubside Homeowners Association, that you approve the installalion of the Seeurity/Privacy Gate. Respectfully, Bill Itzla MCCC CC: Caryn Scheidt - President Clubside Homeowners Association Bonnie Rosner - Chairmen Gate Committee V Â· 970-920-9403 300 Puppy Smith Street , Suite 205-254 Fax Â· 970-920-3740 Aspen. Colorado Â· 81611 ffÂ»2â€¢4 4 as *ick-~~-~86~~~~~~~~~-1 6 a..h ...- . / 7 +4.3 t ...64/6/~14 1 . .. .i j.$:1 'i~.-- M 4 j. .i#44/A... - ty,Ut:69 441,2,/21-~a 4.3.4-~2 lili 1 , ''114..I..,~ 41 1 f P' . 1 / , Â»22/ .'.-. Click, Click. - Youre InÂ¥ -â€¢g :il.:t& INI . 1-1- 1 CI- I CK-=EN 1 1 111 YOUR ]VIC)]311,-E/PCIRTABLE RADIC) IS T] Iii KEY 1,0,;. Â· ~f-.â€¢dick2Enter laijr tlie stale-Â·ofÂ·llic-art electionics now designed into modeniscanner : -tadiojechnolpgy loifiveÂ·publicialety personnel (Law Enforcemenlf Fire, Ambulance/ 'Â·adrE<*escue or any authori,ed user)Â·a (Illick, 5afei reliable and stealthy means to activatii Innovative Reliable Flexible Sate Quick:6Â· :, ~ :' ~Â·~~ Â·gale.5 arid security control inechhnisms tising their portable or mobile radius. ACCESS USING YOUR â€¢ ClkkIEnler doef awit willi the cumbersome keys, lemote Â¢01-111'01 Attualor5 and . ~ TRANSMITTER RADIO Â·access control codes reqi:ired by other systems I,ecdo.50 every emergency respon;e ~~ ~ ~~ for PUBLIC SAFETY and ' 1 3 AUTHORIZED USERS vehirle ali'cady has the "key"Â· their radio tratismitter (inobile or portable), No need ': '.Â·to Imy exira equipiner,1 or modify youl '-adiot, . 0:The technology is serlire, Ptiblic safely agencies arc ,issued FC,(--assigned ladio -'f . fi-equencies for resti-icted tise only, Pow.suion m transmitting devices by non" .authorbied personnel A lightly controlled and Iratismitting on thore frequencies by 4-:Â· oulsiders'is agairilt the law (both Federal and Statestatutes). i.1 , v:. :4 Clir.klifiiler respnfick only to Uie firclirnries and sub-audible private line c.oder; s .<. ''.6---/...."..'...'.:.4, :V Â·~ ~ furrelltly programmed Inlo ils memory. 1-diting ihose frequeticies can be done with . CticldEntet Inc. 0any RS-232 keyboard intrrface and standard modern protocol software. U.'; P.,1,Â·Â·i:! .41:.1:r,Li,(1:17 .11'd "4,!1(11..;ifi Â·' Â·Â·Â·'.' . .L POP,m. 15-31 honoina,(.A ,95476 ' 'n Â·. â€¢.Yoll now have nearrinstalit arces,lo serijrf areas to deal with emergenries as tliey IiÂ·. 7(,7 939 58110 1'0* 7(17 996.1/39 .Â· : Â·occur. lo activAte 1 lie Click?.1'nt{:r, the operatoi mu 41 be proximate to the device. Two . i,vav,,(11(kipntpl 1,01 . -,j. '3 ' Â·'. '. Toll free 2 '. r'-:Short transinission pt]!ses 01 your ladio lianiceiver k all Ihal is required to initiate 871Â·0939Â·3 800 Imtilediate erm'y. r Â·. Â·' , '47 k 4,1 lili 1 â‚¬.21 1 c.:k2 Eâ‚¬ 11 1 e r-- I SPECIFICATIONS 'i F 1 -,t Scanner/teceiver radio I 'L ' 1- 96Â£ 1 Â· Val iable activation range via programming, ' '' ' ' 1 r â€¢ Two fadio transmission "clicks" for activation, :' ':;:, i. ' ' i & i ' â€¢,20 channel capicity, 0 , ; 45 0= Â· Mutual aid cbmpatible. I ~r 4 ,:1.0 14'///. a -i:.' ~ ' â€¢ Bright activatioo LED and Powel LED, 1 14 11 Sir: I id â€¢ Time/daylagency memory recall. i , , 1 r .11 14 Â·% Â· ''Â· CYCSS, PUDPL,private line (PU programming dapabil'1*il" :V: . â€ž . n '' 1.'11. 11 , + Auto detect and 10*1 bf private' lihe codes : I '/I.' f , , , C ' ' ' ' F . Click*blter adapts tlle teclillology iltherel'it' in tnost â€¢Compatible with analog ot digital; mdio transmitters, using'private #I.'â€¢'IAâ€¢-â€¢ 4, ': linemb:m~libletransm'Issions: ,*084Â»5'00*elfti,184uiptimil.49~t,0,!v,i,Â·,emdio *Fii#01'. ./ I ''1,1 Â· Willopetafewitlicarriei only for use With digital radio'sy*tihm#,:i: ~r : 'Ine.chanism blit one with built-in semirity featurps, t , Â·Able to use talk around carriers *r te~90 of trunk litle r,Adill,~ :s,,5 , Â· 4; ;,;,1 ,~~~f r~'~ ~ ~~ '~'r.,1 | ~ ClidQEnter Will authori*'access on|yaftet jtverifies,x ' 1, , . , ', hy&terns, . . , 2.Â· 9, 4 Â· '- : ~". the. *C-assigned farrier: frÂ¢quency and , ~,Agehcy 1 , â€¢ Able to,*dive radia transinistions to indutle 860:MftÂ¢,**''.,6, ti.:, 1 h ,''i I' l~>f ,:i At" ~ , h ,' , , ,, ,%, Â·:,.Â·:5; .,: . :i,., , r, '0. ,: .,Â· 7, {15*hed EubÂ·audible r enimpnicatiod i *ivate link :< 1 ,it , ' Â· Ablb tolike airciafl AM band #eqllencids r 1 , 1 tor airport access contto| pperation$, 4,, ~, '' z,0 ~i, codd),of'the transinitter ke*ing entry, ~.takes two '~ ' 7 2 ' ' â€¢' Ldtch open'and dose features, .., 9 separate mdid pul,es alld [ Petifications t6 complete ~ - 3.>,$ 90 D . â€¢ Progradmdkle,latth open varibble oto ' 34,i i :' ' .,11/'th#Jauthorization sequehce. : F ., ,'Â·' ~"'t,? f'i K 60 minlltÂ¢ reset delay'on eact, chanlhel i : 1, pt ' 1 le,1 1 '.1 1 0) ,; ~ ' i 0 + pulke ON only). ; 1 2.'*. i '' ~ ";~'~,-, ':dick*nter can afford adess to any public sÂ¢lfety Il 'll,tâ€¢ 1 I ~ ',4,1 , ~ 4 , 3 bil~|ijy as |ong, as th~:ir frequende# are prt,gil~~,mÂ¢41. , ' , â€¢ Ability to halidle hi;h power mobile , i - , 1,41,11, 0, f, c, C ' ' trailhmltters mid lower 0ower hand 1*Id f* 4, Â·-Â· ,~. . ,Â· .r. l~ â€ž ,Â·, . . f f' Into 14 metilori thus mlying th$ mutual aid Pr*blem '' b.,1 L , pbrtdble'tf81ismitters. i '' Â·''' i r Â· .,t. 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'11 <P '121 1 1 , five<% .MM. ~.~0*148 jithium bo#4 fpÂ¢thÂ¢MDIV D,11 kii,) , b 1 1,11 40,111 1. 1 11 1,14,111,1111,111, . 71 : Â¢ 4, R 1 3 A / 4,1. .&' Id .'11~~ ''. .4 -1.//95 . , Of'4*7749'3*Wiâ€¢.0*", i Â«..9, .'*etificatiOns'(11%&â‚¬01*L''i,Â·Â· 6,:Ir'' Â· i . 130 S. Galena St. Aspen CO 81611 Aspen/Pitkin (970) 920-5090 (970) 920-5439, fax Community . Development Department Fax To: Aill -I+2./4 From: 3-1 MAe 9 z_; Mo,t / 1 11 Fax: 920 -379(3 Pages: Phone: Date: \\/liol Re: Aittl or &6/i'c cc: 6 Urgent m For Review [J Please Comment [] Please Reply [3 Please Recycle â€¢ Comments: 8; /1, Pliese fill o Mt- 1-Lif-- c~ac ke-J qÂ¢Pijavi* 5)'lok)/ A3 +Mal- Fok posfecl + AQ\'f Â·cd not-ke. Rease- aactch +44 photo 09 4--ke- posPâ‚¬6 5134 AMd FA co#09 of +Ak K sk- 1-hd- yoll wal led 1-0 9 Ad to 40 G 1/- 6-0 +40 Me#-4 458 OM TwesÂ£*k Iâ‚¬ 1/06 doWP PIct\/e a C oP V 06 -tft â‚¬- MA.qi/14 5 41 + /4- Wke-- k,Ao W, J- COK 8 E-+ 1/04 qMofbteâ‚¬ 7-Ma M ks . JUL-18-2001 WED 12:59 PM FAX NL P. 02 LAND USE APPLICATION PROJECT: Name: <i.t}Bilhe 43 /7)47*Al (12&84 Location: -1- - (Indicate street address, joi & block_numbers legal descrjption where appropriate)" ~~ __] APPLICANT: 1 10 - Name: I gll<Ins,(1,0, fjrh/e- l--lotutâ‚¬Obillâ‚¬lr -1- Azi.50001i-cVj , Address: Phone #: .. REPRESENTATIVE: Na=.Â· mA/WN (InGEK (10+141-PA?d]718/4 /16-1, 73 Itt D-*4 Aclcl~~ess: <5~ 2g)5-~-2'D-t' --7Â£*> /fyr~ 3~qi,;9/ 07-~~~>R44/ d, /229/ .-- Phone #: 410-(110-4*3 - TYPE OF APPLICATION: (please check all that apply): E Conditional Use E] Conceptual pUD ~ Conceptual Historic Devt. Â£ Special Review gr- Final PUD (& PUD Amendment) 0 Final Tristoric Development [~ Design Review Appeal El Conceptual SPA E Minor Ilistoric Devt. ~ GMQS Allotment U Final SPA (& SPA Amendment) [3 Historic Demolition D GMOS Exemption El Subdivision ~1 Historic Designation E] ESA - 8040 Grcenline, Stream j Subdivision Exemption (includes D Small I,odge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane El Lot Split U Temporary Use |L] Other: 01 Lot Litio Adjustment [3 Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc. ) PROPOSAL: (description of proposed buildings, uses, modifications, etc ) 71-LE,4 *,62 1 - Have you attached the following? FEES DUE: $ L] Pre-Application Conference Summary El Attachment #1, Signed Fee Agreement J Response to Attachment #2, Dimensional Requirements Form CJ Response to Attachment #3, Minimum Submission Contents d Response to Attachment #4, Specific Submission Contents ~] Response to Attachment #5, Review Standards for Your Application F W,litihifir lyÂ«.C~ \1 \ 1.14~ENG ~*62714i " 1 7~i ..6-Â·1=1- 1 lÂ·,Ail )AS/2~,/Pmmpl//LJZH/Pv -1 i , .U 41 1 NLP PwilifqvMER*./1/~Im'.ENE -.. '4 111 1 -7*- F 1 rl:. 1. " 1 - 1.- -- 3# /, 1, 2 . I 1,1.'. * - .1 - 791 A - , ' f r , 11,1 1 11 11,1 - 1 - -- k 71 --- lili f J -- L P ~i- -rm 1,111111"11,11 1 , 1 - 1 4 - -1 tHi 44 1-h I 1 ' 1 , - iT 6 1,9 441 1 1:1 11, '1,1111 . r441'1" 044 ...1,14111 '11' MI 1 1 1 1 1 12 1 4 k.111.1 11 11 4" Â· 'ii"- 4- A- L===-11 -1Â£,L L.:i~ 1 36- I,--1[Zj-' I -4.74 -11ti~: up 1-lit .1 1 1.- 11 1 --1 11 , 41 1, Ir, 11 2--' [IRIT I - - +4- 4-~ -L211 1 - -- -g~u ttlt~ ..U=- .1 --- quaÂ» 14 - Â£i AZ_ 7128 / - \<213-*.I- - -- I -9.- NEENNK- N:gL.3.21_ d j. -./ Â«r---- - 1 2// - PICASSO GATE CLUBSIDE SCALE: NOT TO SCALE DATE: 6/25/2001 SHEET 3 OF 3 From: David Sherrill To: Maroon Creek ~aion Co Date 6/26/2~ Time' 6-4436 AM Page 2 of 2 ] 1\1 1 44 NEW LANTERN db 100 Ela WW PEDESTRIAN 1==a-1 GATE G-52-0 L Jl--4/ 1(- \ i--6<404 1 -1- ~p<m~* e~ EÂ©*ci ufac 160[ J ]10691 1254% 3 I ] m[ 1-- - 4 nomp 111/<Jric 11 144 1 1 11 11 1 23 1 Ill, ~~ Â·UR>fi 141<9 . ]-~7 1 .1-V]r . ~ KEYPAD \ EXISTING WALL ~ COMBO W/TELEPWONE ~ U.J/NEW COLUMN IN EACW RESIDENCE PICASSO GATE CLUBSIDE SCALE: 1/4"=1'-0" DATE: 6/25/2001 SHEET 2 OF 3 From David Sherrill To: Maroon Creek Co.~,ction Co. Date 6/26/200< Time 6:42:24 AM Page 2 of 2 From: David Sherrill To Maroon Creek Con struction Co. Date: 6/26/20V Time: 6:39:50 AM Page 2 of 2 6 3 6 5 ~ FREE EXIT FREE EXIT LOOP LOOP 9 20'-6" , 61 6 31 6 I D 1 1 4 Â®" Â®" 1 1 m CÂ· 3 El END OF GATE ~ OPEN POSITION GROUND GROUND LOOP LOOP 0 0 CA CA LOCATION OF J.J.C. CONTROL PANEL 4 BATTERY- S 0/ BACKUP x Kel Plb U m 0/ C PICASSO GATE CLUBSIDE SCALE: 3/32"= 1 ' -0" DATE: 6/2~001 SHEET 1 OF 3 21'* * 1/504-0 **AJ 40% -9 * I S 1 < Flt! i 72 I ! ! 1 7 -!945Ii,k NU,1, ~ AN OWMA/ 6 keymD 610,4 - j I CL.028 CE- t f G " f/ j -1 0 =X 5 1 -1- : 1- 1 ---249 - md 124-Â¥ 2 0 0 â€¢ 1 11 1/ U U Â»0â€žfpr=r,54/ 'rVA 1%4119*1 1. -:=lk) atte MÂ¥*19641 j ' \L *Fy(Â¥10) 4 Jul 16 01 01:322 ~ David M. Rosner ~/ 970-544-0707 P. 1 Bonnie L. Rosner Attorney at Law 2599 N.W. 63rd Lane Boca Raton, FI, 33496 feL 561-241-3500 Fax 561-241-0092 July15.2001 Pitkin County Building Department Aspen, Colorado Gentlemen: Be advised that the Board of 1)irectors ofthe Clubside Homeowner's Association have passed a resolution electing to erect a security gate system at the entrance to the Clubside homes. Very truly yours, 0 0 ~- /9 2 L,7 2.-, LA p~ 4~<=-1Â« Bonnie L. Rosner Member ofthe Clubside Board of Directors .. 130 S. Galena St. Aspen CO 81611 Aspen/Pitkin (970) 920-5090 (970) 920-5439, fax Community Development ~ Department Fax To: Frorn: CYcl wt â‚¬..s & 640# 8; Cl .I?Â·zl c~ Fax: 92-0-32140 Pages: Phone: Date: \Oi*oj Re: DnA Coeweâ€¢ 1*c: OM .91% 4.â€¢1 1Â¥6-cd IDâ€¢,04 m Urgent C] For 1Â¢Sview U Please Comment 1 Please Reply U Please Recycle â€¢ Comments: .. MEMORANDUM To: Development Review Committee From: Richard Goulding, Project Engineer Reference DRC Caseload Coordinator M Date: October 22,2001 1,1 U ..- Re: Clubside Drive The Development Review Committee has reviewed the PUD Amendment for a Security Gate to be constructed at the entrance to Clubside Drive at their October 17,2001 meeting, and has compiled the following comments: General 1. Sufficiency of Submittal: DRC comments are based on the fact that we assume the submitted site plan is accurate, that it shows all site features, and that proposed development is feasible. The wording must be carried forward exactly as written unless prior consent is received from the Engineering Department. This is to alleviate problems and delays related to approvals tied to "issuance of building permit." 2. R.O.W. Impacts: If there are any encroachments into the public rights-of-way, the encroachment must either be removed or be subject to current encroachment license requirements. Comments 1. Fire Protection District - Requirement - Fire Protection District requests the following revisions be made: a. Has approved the gate type and requires unlimited access to Clubside Drive. 2. Ambulance Services - Requirement - a. No comment at this time. 3. Transportation - Requirements- The information were forwarded by Transportation department: a. No comment at this time 4. Building Department - Requirements - The following requirements were forwarded by the Building Department: a. No comment at this time 5. Parking - Requirement - The following requirement has been forwarded by the Parking Department: Ed; a. No Comment at this time. DRAFT 6. Engineering Department - Requirement- The following requirements have been provided by the Engineering Department: a. Requests that if the proposal is approved, then the applicant shall be required to prepare a plat and record it with approval signature blocks from the City of Aspen Fire Protection District, City of Aspen Water Department and Sanitation Department, City of Aspen Community Development Department, City of Aspen Engineering Department, Rich Walker of the Ambulance Services, Holy Cross Electric, US West, and AT&T. The plat shall show the design of the gate, the location of the gate, and will confirm that an access plan has sufficiently been provided for each of these utility services. b. The design of the gate shall contain a mechanism that opens that gate in case of a power failure of greater than an hour. 7. Streets Department - Requirement- The following requirements have been provided by the Streets department a. Feels that the gate is a bad idea for emergency reasons, but the City does not maintain Clubside Drive. 8. Housing Office - Requirements - The following requirements have been provided by the Housing Office: a. No comment. 9, Community Development - Requirements - The following requirements have been provided by the Community Development Office: a. The proposal directly conflicts with PUD Review Criteria that calls for limiting the use of security gates to the greatest extent possible. 10. Emergency Management Disaster Coordinator - Requirement - The following requirement has been provided by the Pitkin County Disaster Coordinator: a. Agrees with the Fire Department's assessment of the gate's design. 11. City Environmental Health Director - Requirements- The following requirements were made by the Environmental Health Director: a. No comment at this time 12, Parks - Requirement- The following requirements have been made by the Parks Department: a. No comment at this time. .. 14. Utilities: DRAFT Water: City Water Department - Requirement - As a request of the City of Aspen Water Department, revisions need to be made as follows: a. If the proposal for a security gate is approved by the Planning and Zoning Commission, the water department will require that unlimited access be provided by the applicant for maintenance and meter reading purposes. b. Water Department will need gate combo. - Wastewater: Aspen Consolidated Waste District - Requirement - The following was provided by the Aspen Consolidated Waste District: General a. Applicant needs to show utilities on site map. b. Gate posts and fence walls cannot be located on top of main sewer line or in an area that may need to be excavated to repair or access the main sewer line. c. ASCD will need gate combo. Holy Cross: The following was provided by Bob Ballenger of Holy Cross Electric: a. Holy Cross Electric will need gate combo for unlimited access for maintenance and service calls. b. One key to the gate for the entire company will not be sufficient. AT&T: The following was provided by AT&T Dispatch Department: a. AT&T will need gate combo for unlimited access for maintenance and service calls. b. One key to the gate for the entire company will not be sufficient. US West: The following was provided by Randy at US West Engineering Department a. US West will need a combo to the gate for unlimited access for maintenance and service calls. b. One key for the entire company will not be sufficient. .. Id.. .- lij T DRC Attendees Staff: James Lindt Applicant's Representative: Bill Itzla Nick Adeh Other comments solicited via phone and e-mail. .. October 5,2001 To: James Lindt Planning Technician From: Jim Caparrella City of Aspen - Electric Department Re: Clubside Drive Security Gate We have nothing out there. .. Phil Overeynder, 04:19 PM 9/26/01 -0600, Clubside Drive--Security Gate PUD Amendment Date: Wed, 26 Sep 2001 16:19:42 -0600 (MDT) X-Sender: philo@water X-Mailer: Windows Eudora Pro Version 2.1.2 To: jamesl@ci.aspen.co.us From: Phil Overeynder <philo@ci.aspen.co.us> Subject: Clubside Drive--Security Gate PUD Amendment Cc: leel@ci.aspen.co.us, ryanm@ci.aspen.co.us, nealg@ci.aspen.co.us, lonniew@ci.aspen.co.us James, Thank you for the opportunity to review the proposal to install a security gate at the entrance to Clubside Drive at the Maroon Creek Club. The Aspen Water Department accepted the water system serving this area under the initial PUD approval which did not restrict access to the site. Installation of a security gate will affect the operation and maintenance of the water system as well as raise issues regarding access to the site for purposes of meter reading and billing utility customers. If you accept the proposal to limit access to the site through installation of a security gate, the water department will require a plan to provide access for its operating requiremnts. Thanks again for the opportunity to comment. Phil Overeynder Utility Director Printed for James Lindt <jamesl@ci.aspen.co.us> 1 u' T. 12 2001 3 :44PM KAUFMAN & PETERSON NO. 0882 K 1 .. LAW OFFICES OF BROOKE A PUERSON KAUFMAN & PETERSON, P.C. TELEPHONE GIDEON L KAL IMAN' (970) 925Â·8166 TERRI J. KAFF SSEN 315 EAST HYMAN AVENUE, SUFFE 305 FACSIMILE (970) 925Â·1090 OF COUNSEL: ASPEN, COLORADO 61611 HAL S. DISHL#" Â· ALIO ADMITTâ‚¬ IN WARYLAND - Al.80 ADMITTE! IN TEXAS FAX COVER SHEET FAX NOM DATE: Ogtober 13. 2001 TIME: 3:44 F.M. TO: _ James Lin* FROM: Lisa J. Klonoski 42 _pages faxed (including this Fax Cover Sheet) RE: . Clubside at Maroon Creek - Declaration of Covenants. Conditions and Restrictions MESSP'NE: Dear James: Fbryourrequest, attached please findacopy oftheDeclaration of Covenants, Conditions and Restrictiâ€¢ns of Clubside at Maroon Creek. Lisa t . 6 4 CONFIDENTIALITY NOTICE f c information contained inorattilchedtothis fax transmission is intcndedonly forthÂ¢ confidentialusc ofthe individual(s)namedabove If you @ren* the named recipient or an agent responsible for delivering it to the named recipient. you arc hereby notified that you have received this document illerforandthatreview, disseminationorcopying of (hiscommungcationisprohibited. Ifyouhavoreceived thiscommunicauoninerror, please noti~ us immediately by rekphonÂ© and return the facs,mile document to us by mail. Thank you. 0 IT. 12. 2001 3:44~ KAUFMAN & PETERSON NO. 0882 P. 2 L. 4 V V 4 DECLARATION OF 1 COVENANTS, CONDITIONS AND RESTRICTIONS OF CLUBSIDE AT MAROON CREEK 4 4 1Â¢111111 lilli 111111111111 Il lili '1111111 ill 11111 lili lili 418783 06/30/1998 09:10A COVENANT DAVIS SILVI 1 of 50 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO 1 3 4 4 '. 1 d . i 4 ': I. al:/2 i:re. 1 .U OCT. 2. 2001 3:~4PM KAUFMAN & PETERSON NO.0882 P. 3 1 *11121111111111111111111 lilli 111111*112111 lili 418783 06/30/1998 09:10A COVENANT DAVIS SILVI 2 of 30 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS L oF CLUBSIDE AT MAROON CREEK TABLE OF CONTENTS . RECITAI S : 4 DECLARATION DEFINITIONS - 1.1 ALggiation. ...... 2 1.2 Ewkwive Board. 1.3 liu tding. 1.4 Cgmmgn-EIgn,tw ..... ...., ......... 1.5 Ccomon Expense. . ............. 1.6 C=lmeILLI1 .............. 3 1.7 16. .... ....... 3 1.8 Dglaant 1-9 IligiararblaÂ· . ............. ......... ... 1.10 EL:st Meggage. . ............... 3 .. 1.11 2111#grigagee. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . 1.12 I 1- IQYemint 1.13 Linitel:CQIIUnQD-PICRQIIYÂ· Â· Â· - i - OCT. ~2. 2001 3Â·~4PM KAUFMAN & PETERSON NO. 0882 P. 4 Illill lilli mil Illl~Illihilillill Ill lilli lili lilli 418~83 06/30/*98 09: 10A COVENANT DAVIS SILVI 3 0~ 50 R 251.80 0 0.00 N 0.00 PITKIN COUNTY CO 1 DECLAR~TION OF COVENANTS, CONDITIONS AND RESTRICTIONS *CLUBSIDE AT MAROON CREEK TABLE OF CONTENTS 1.14 MOmb=Â· 1.15 MQ.tgage. .......... ............... t? ! 1.16 U.,t tgageÂ£. ....... ......................................... .. 4 1.17 2Eler......... ...................... .4 1.18 PI*,Grties and Proiect.,.. 1.19 Pla. . .. ~ 1.20 â€¢Clibside at Maroon Creek". 4 OWNERSHIP 9 2 4 2.1 Spmission to Ownership, ... . ... ... ...Â·Â· Â·Â·-Â·Â·Â·Â·Â·Â· Â· Â·Â· . . . .. ............ 2.2 Dirision of Propertv into Lots: Conveyance. ............................ 2.3 Docriptign of LQI. . 2.4 21*- 2.5 InÂ®parabilitv of a Lot: Prohibition Against Jimesharing: Combination of Loti.......... 6 ' 2.6 Se~arate Assessment and Taxation..................................... 1. 7 2-7 Fa'in of Ownership: Title. ........................................... 7 ~ 2.8 0*ners' Allocated Interest in Common Propertv. 7 i~iitations on Common Property. . . 4 2.10 I~eofiots anct CommonhoperIX. ii â€¢Iltâ€¢ I . 12. 2001 3 :p4 PIVI KAUFMAN & PETERSON NO. 0882 P. 5 I lilli lilli Illill lillh ullilll ill lilli lili lili 41*783 06/3041998 09 : 10A COVENANT DAVIS SILVI 4 ~ f 50 R 281.00 0 0.00 N 0.00 PITKIN COUNTY CO DECLARt.TION OF COVENANTS, CONDITIONS AND RESTRICTIONS CLUBSIDE AT MAROON CREEK TABLE OF CONTENTS PROPERTY RIGHTS 3.1 Owiersl Easements of Enjovment. -.......... 3.2 Delagation of Use. .......w ~ 3.3 I:rnination of Mechanic's Lion Rights. .............. 1. .... .......... .8 ~ 3.4 213-QgIL.arIELJ~LSAE- ---------------- --------------------- ..... .. 8 EASEMENTS ~ 4.1 E=ments for Encroachmenti. .... .... ........... ..........,.. 9 ~ 4.2 Ma.ntenance and UtilitÂ¥ -Easement. ..... ........... .............. 9 ; 4.3 E.,.:Rency Eascment. ,4.4 D vewav and Sidewalk Easements. . ............ 10 1 . , THE ASSOCIATION 1 5.1 , De-Alscciation- . ............ ....................... 10 4 5.2 1VL'_111UQUIUPÂ· .-Â·Â·Â·-Â·Â·Â·--Â·Â·Â·-Â·Â·Â·.-Â·Â·Â·-Â·Â·Â·Â·Â·Â·-Â·Â·Â·-Â·Â·Â·Â·Â·Â·,Â·Â·Â·Â·Â·.Â·Â·.10 5.3 Clisses of Membership and Voting Rizhts ......................... 10 5.4 E,ecutiv=_Board. ...........................--1. 5.5 Period of Declarant Control .......... 5.6 1 5.7 L V..12â€¢ ................... Â·Â·Â·Â·Â·.. 12 5.8 ~amination of Books and Records. ............ 13 - 5.9 2 -- -12 Â·Â· 13 iii . OCT ~2 2 0 01 3 Â¢ 4 PM KAUFMAN & PETERSON NO. 0882 P. 6 1111111 lilli '1111.111 Hi ll'11111111111111111 lili 418783 06/30/1998 09: 10A COVENANT DAVIS SILVI 1 of 50 R 251.00 0 0,00 N 0.00 PITKIN COUNTY CO and be enferceable by Declarant, its successors in interest, each Owner and each Owner's grantees and succersors in interest, and Clubside at Maroon Creek Owners Association, Inc. and its successors in interest. 1. DEFINITIONS TIle following terms shall have the following meanings when used, unless the context otherwise *equires: 1.1 Aslociation, "Association " shall mean and include Clubside at Maroon Creek Owners As. ociation, a Colorado non-profit corporation, its successors and assigns. 1.2 El , tutive Board. "Executive Board" or "Board" shall mean and include the governing bocy of the Association as provided in this Declaration, the Articles of Incorporation and the By-Laws thereof. 1.3 Bulding. 'Building" shall mean and include any Building intended for residential ocr=upancy constructed on the Lots On the Properties as shown two dimensionally, i.e., wit vertical boundaries only, on the Plat . Â£ 1.4 Common Provertv. "Common Property" shall mean and include all of the Properties and all of the Improvements now or hereafter constructed thereon, or which may be common ele nents as defined in C.R.S. Â§ 38-33.3-1034*) of the Common Interest Ownership Act, exc luding, however, the Lots and Buildings thereon. The Common Property shall be ' owned by the Association, Common Propert~ may be designated as Common Area on the Plat. Those portions of Lot 50 not platted as Lots by the Plat or supplemental Plat will be comveyed to the Association by the Declarant. Ths Common Property shall include all tangible physical properties of the Project, except the. Lots and Buildings. Common Property specifically includes all lawn and Iandscaped ar r-s, all play areas, all parking areas and all drive and walkways within the Properties. Certain areas may be designated on the Plat as Limited Common Property. Those areas arl specifically reserved for the use of one or some, but less than all of the Lots, all as mc re fully hereinafter defined. 1.5 Cunmon Expgnse. "Common Expense" shall mean and refer to: 1-4.1 Expenses of administration, operation or management, repair, maintenance or replacement ot the Common Property: 2 r oCT, ~2. 2001 3:~4PM vAllrunl f PETERSON < NO. 0882 2 7 1 lilli Illil Ililll Ill~ Illwillilll Ill mil Ill lili 41;783 06/30,1998 09:10A COVENANT DAVIS SILVI 12~ of 50 R 211,00 0 0.00 N 0.00 PITKIN COUNTY CO 1.5 2 Expenses declared Common Expenses by the provisions of this Declaration, the i Articles of Incorporation and By-Laws of the Association: 1.5 3 All sums lawfully assessed against the Lots by the Board of the Association; f 1.14 Expenses determined to be Common Expenses by the Association; 1.5 5 Expenses as are provided in any management agreement applicable to the Properties; and 1.5 6 Expenses of insurance carried by the Association as provided for herein. 1.5.7 Expenses of the maintenance of the exteriors and roof systems of the Buildings by 1 the Arr - -i-*:= as hereinafter provided for. 4 1,6 Common wall. "Common Wall" shall mean any common structural or non-structural wall or -valls separating any two (2) of the Buildings as shown on the Plat. The Owner of a Lot sha.1 be deemed to own as apart of such Owner's Lot to the midpoin[ of the width of the Co nmon Wall which separates such Owner's Lot from the adjoining Lot which also shares such Common Wall. Â·it 1.7 Lo: . "Lot" means the land referred to by the same numbered designation located and dc kibed on the Plat showing the same and includes the Building thereon. Lot shall have thJ same meaning as "Unit" as defined in 38-33.3-103(30) of the Common Interest Ov nership Act. + 1.8 Dularant. "Declarant" shall mean and include RL DEVELOPMENTS, INC.,. its succes- son and assigns for which a notice of assignment of Declarant's rights hereunder is recorded in the records of the Office of the Clerk and Recorder of Pitkin County, Cdorado, specifying the assignee of Declarant's rights. . 1.9 12*taraiinn, "72-1-rution" shall mean and include this instrument together with any and all supplements and/or amendments hereto recorded in the records of the Office of the Cl:rk and Recorder of Pitkin County, Colorado. 1.10 Fi_st_Mortgage. "First Mortgage" shall mean and refer to any unpaid and outstanding mi rtgage, deed of trust or Other security instrument recorded in the records of the Office of the Clerk and Recorder of Pitkin County, Colorado encumbering any Lot having pr ority of record over all other recorded liens except those governmental liens made i suierior by statute (such as general ad vatorem tax liens and special assessments). T- 1.11 gagee. "First Mortgagee" shall mean and include the holder or beneficiary of ; all~r recorded First Mortgage encumbering a Lot. 3 i OCT. 2, 2001 3 15PM KAUFMAN & PETERSON NO. 0882 P. 8 I i! 11 11* Illill lillil~|1 Illihillilll Ill Illill Ill lili 418.83 06/30/Â®98 09: 10A COVENANT DAVIS SILVI 13 f 50 R 251~.00 0 0.00 N 0.00 PITKIN COUNTY CO 1.12 Librovement. "Improvement ' or "Improvements" shall mean and refer to any im] rovement constructed on the Project, including, but not limited to any Building, out- bulding, structure, fixture, landscaping, site grading, driveway, sidewalk, drainage channel culvert, roadway, fence, wall, deck, patio, parking structure, shed, playground fac-lity, swimming nool, or pond, located on any part of the Project or Properties, 1.13 Limited Common Property. "Limited Common Property" means those parts of the Common Property that are either limited to and reserved for the exclusive use of an Owner of =1 Lot or are limited to and reserved for the common use of more than one, but fewer tha 7 all, of the Lot Owners, which Limited Common Property is deemed to be inseparable apl urtenances to such Lot or Lots identified on the Plat with the legend "L.C,P" and a dedgnation of the Lot to which such Limited Common Property is appurtenant. Actlitionally, Limited Common Property shall mean and include without limitation, storage rry, ms, common satellite T.V. systems and parking area and yard area that is accessible fr.. _i, associated with and/or which adjoins a Lot, as may be designated, located or shown on the Plat by legend, symbol or word, and shall, without further reference thereto, be used in connection with such Lot to the exclusion of the use thereof by the other owners of_Lots except by invitation. 1.14 Mâ€¢Inber. "Member" shallmeanand refer to those persons entitled to membership in the Admociation. "Member" and "Owner" (as hereinafter defined) may be used inerchangeably herein, unless the context provides otherwise. 4 1.15 M,rtgagq. "Mortgage" shall mean and include any recorded mortgage, deed of trust or ott er security instrument by which a Lot or any part thereof is encumbered. 1.16 MjrtgagÂ®. 'Mortgagee" shall mean and include a beneficiary under a Mortgage. 1.17 Owner. "Owner" shall mean and include any person or entity, including the Declarant, at iny time owning a Lot. The term "Owner" shall not refer to any Mortgagee as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure, or any p-reeding in lieu of fureclosure. The terms "Owner" and "Member" (as hereinabove dul.ned) may be used interchangeably herein, unless the context provides otherwise. 1.18 Ppperties and Project. "Properties" and "Project" shall mean and refer to that certain real pnperty described on the Plat. The Project shall include the Properties, Lots, Buildings and Common Property. 1.19 PhT. "Plat" shall mean and refer to the Final Subdivision Plat or Plats of the Properties w lich is prepared of the Project and which is prepared in accordance with C.R.S. Â§ 38- 31.3-209, whirh Plats shall include a survey of the Properties, the Lots and the Common PLoperty, and shall have been properly recorded in the records of the Office of the Clerk apd Recorder of Pitkin County, Colorado, Plat shall mean and include any engineering : 4 - 7 mi OCT. 1. 2001 3;~5PM KAUFMAN & PETERSON NO. 0882 P. 9 milll lilli *I101Ilil li li~ililiill Ill Illill Ill lili I 4 18783 06/*/1998 09: 10A COVENANT DAVIS SILVI :4 of 50 R ~31.00 D 0.00 N 0.00 PITKIN COUNTY CO sur /ey of the Properties depicting and locating thereon, two dimensionally with vertical bot ndaries, all of the Improvements including the Improvements constructed thereon, inc uding but not Ijmited to a lot survey of the Lots depicted thereon, and any other drawing or diagrammatic plan depicting a part or all of the Improvements and land forming a p Irt of the Properties which are included in this Project. The PIat or any Supplemental Pl,1 shall depict and locate the Lot on which each Building is located, and designate the sa._L by numbered lot designation. The Plat will be filed for record first as to Lots 1 thrhugh 6, inclusive, and as to Lots 7 and 8, as construction of Improvements shall be substantially completed thereon. 1.20 Clibside at Marcon Creek. "Clubsi(ie at Maroon Creek" shall mean the Project and the Prcperties. 1 M 2. OWNERSHIP r 2.1 Suknission to Ownershie. Declarant hereby submits the Project and the Properties to owlership pursuant to the Colorado Common Interest Ownership Act as the same exists on the date this Declaration is recorded in the records of the Office of the Clerk and : Re :order of Pitkin County, Colorado. '2.2 Dirision of Property intelots and Commen Property: Conveyance. The Properties are i hereby divided into Eight (8) fee simple estates, i. e., Lots, each of which is or will be irl roved with a single family townhouse residence sharing a Common Wall or Walls with a Ligle family townhouse residence on an adjoining Lot or Lots, and the Common t Prcperty. Declarant has tile right ar all times to construct Buildings on any Lots which do noâ€¢ have Buildings thereon. The Declarant has no right to enlarge the Project beyond Eilht (8) Lots. Lots 1 through 6, inclusive, are shown on the Plat, Lots 7 and 8 will be located in the area of Lot 50 shown on the Plat lying northerly of Clubside Drive decignated therefor, and ownership of that portion lying northerly of Clubside Drive shall continue to be owned by the Declarant, upon the condition that upon the filing of a Sugplemental Plat creating Lots 7 and 8 all other portions of the Lot 50 lying northerly of Clibside Driv. -?--11 be designated as Common Property. 2.3 Ikiguption Qf-LQi- 2.1 .1 Every contract for the sale of a Lot written prior to the recording of the Plat and this Declaration may legally describe a Lot by its identifying Lot designation, followed by the words "Clubside at Maroon Creek". The location of such Lot shall be depicted on a Plat subsequently recorded. Upon recording of the Plat in the 4 records of the Office of the Clerk and Recorder of Pitkin County, Colorado, such 3 . description shall conclusively be presumed to relate to the Lots described therein, 5 r, 2. 2001 3:15PM KAUFMAN & PETERSON < NO. 0882 P. 10 Illill Ilili *fillitil ildl mil Ill mil Ill lili U, 18783 06/30/1998 09:10A COVENANT DAVIS SILVI 5 of 50 R,251,00 D 0,00 N 0.00 PITKIN COUNTY CO 2.12 After the Plat showing a Lot, and this Declaration have been recorded, every contract, deed, lease, Mortgage, deed of trust, will or other instrument may legally describe a Lot as follows (with the recording proper references filled in): Lot ,Clubside at Maroon Creek according to the Plat thereof filed for record 4 4 Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect the Lot, and the Improvements thereon and incorporate all of the rights, limitations, and burdens incident to ownership of a Lot as described in this Declaration and the Plat. Each such description shall be construed to include a nonexclusive easement for ingress and egress to and from an Owner' s Lot and the use of all Common Property, except as otherwise limited hereby or the Plat, the Articles of Incorporation or By-Laws of the Association or rules and regulation promulgated by the Association. 2.13 The reference to the Plat and Declaration in any instrument shall be deemed to include any supplements or amendments to the Plat or Declaration, without specific reference thereto. i 2.4 Plc. The Plat shall be recorded prior to the conveyance of any of the Lots shown 4 thereon, The Plat shall conform to the requirements of the Colorado Common Interest Ownership Act, as then in effect and shall depict and show in tile aggregate at least the folbwing: the legal description of the Properties and a survey thereof; the location of the Lo-s, two dimensionally (i. e., with vertical boundaries); the location of the Buildings in reference to the exterior boundaries of the Properties; the thickness of the Common Walls between or separating the Improvements on the Lots; the location of any Common Wall loo,ted on a Lot; and two-dimensional location of the roof overhangs encroaching onto the air pace constituting a part of an adjoining Lot together with a three-dimensional (i.e., hotizontal and vertical) depiction of any such overhang, or a typical thereof where there are multiple roof overhangs of the same configuration and dimension. The Plat shall coitain the certificate of a registered, licensed Colorado land surveyor certifying that the Pl* substantially depicts the actual or intended location and the vertical measurements of tb-; lots and Improvements, In interpreting the Plat, the existing physical boundaries of each separate Lot with the Building thereon as consoucted shall conclusively be presumed to )e its boundaries. 2.5 Ing:parability of a Lot: Prohibitieni-Against TimesharirL_7--hination_Qf_Lots Each Lo-, as well as all other appurtenances, rights and burdens shall together comprise one Lot, i wilich Lot shall be inseparable and may be conveyed, leased, devised or encumbered only 1, as i Lot. No Lot may be further subdivided, timeshared or broken into any fractional fee or any other form of interval ownership or estate. The foregoing shall not be construed 6 ~F.Ililli~,1, - OCT, 12, 2001 3:'15PIM ~ KAUFMAN & PETERSON NO. 0882 P. 11 111,1111111111111111"ll'!1Â»11!111111111111111111 418*3 06/30/1398 09: 10A COVENANT DAVIS SILVI 16 . 50 R 251 00 D 0.00 N 0.00 PITKIN COUNTY CO to I rohibit the combinations of adjacent Lots with the accompanying removal of portions of Common Walls. ~ 2.6 Seprate Assessment and Taxation. Declarant shall give written notice to the Assessor of Pitkin County, Colorado, of the creation of common ownership in the Project, as is provided by law, so that each Lot shall be deemed a separate parcel of real estate for pd. oses of separate assessment and taxation. 2.7 Fotm of Ownership: Title. A Lot may be held and owned in any real property tenancy or est~te recognized under the laws of the State of Colorado. 28 014_ners' Allocated Interest in Common Property. For each Lot the allocated interest ("* 11ocated Interest") for purposes of the percentage of Common Expenses to be paid by tha' Lot and voting rights in the Association shall be equal to the allocated interest of each 1 of , he other Lots and is based upon substantial similarity in size of aIl Buildings on all Los. Each Loi'2.'llocated interest shall be one-eight (1/8th). 2 2.9 Limitations on Common Property. The Common Property shall be owned by the 4 As: ociation. By the acceptance of a deed or other instrument of conveyance or assign- meat, each Owner specifically waives any right and agrees not to institute and/or maintain a pirtition action or any other action designed to cause a division o f the Common Property. Eal~h Owner agrees that this Section 2.9 may be pleaded as a bar to the maintenance of , suc~ an action. A violation of this provision shall entitle the Association to personally col~ect, jointly and severally, from the parties violating this Section, the actual damages ar... Dosts, including but not limited to the costs and fees of counsel, that the Association incers in connection with such an action. Further, all Owners and the Association e co~nant that, except asprovided in Section 10.1 et. seq., they shall neither. by act nor om~ssion seek to abandon, subdivide, encumber, sell or transfer the Common Property W' 1 lt first obtaining the written consent of that number of the Owners and of the First Matgagees of the individual Lots as provided herein. Any such action without the prior written consent of the requisite number of First Mortgagees shall be null and void. 2.10 Vs : of Lots and Common Pmperty. Each Owner shall be entitled to exclusive ownership anc, possessiou J Owner's Lot (subject to the right and obligation of the Association w uvil to :tpair, maintain, and improve the exterior as hereinafter provided for and the right of Owners of adjoining Lots with respect to Common Walls) the right of ingress and egress from a public way, and rights in easements created hereby. Each Owner may use the Co nmon Property in accordance with the purpose for which it is intended, without hir=tering or encroaching upen the lawful rights of the other Owners. The Association mu adopt rules and regulations governing the use of the Common Property as hereinafter mae fully provided for, but such rules and regulations shall be uniform and noÂ¥discriminatory, Each Owner, by the acceptance of a deed or other instrument of co.Â«eyance or assignment, agrees to be bound by the existing and subsequently adopted rui~s and regulations. The Association shall be empowered to adopt rules and regulations 7 OCT. ~2,2001 3:~5PIVI ~ KAUFMAN & PETERSON NO. 0882 P. 12 rill'1111111 lilli 11111111 'h,f/11111111111111111 ill lili . 48783 06/,-/ 1098 09: 10A COVENANT DAVIS SILVI n of 50 R :51.00 0 0.00 N 0.00 PITKIN COUNTY CO go rerning the use of parking garages, areas and facilities constituting Common Property, prc Â·vided that such rules and regulations shall be uniform and nondiscriminatory. 3. PROPERTY RIGHTS 3.1 Orners' Easements of Enjovment. Except as otherwise provided in Article 2 hereof, every Owner of a Lot shalI have a nonexclusive right in common with all of the other Owners to the use of sidewalks, open areas, Iandscaped areas, streets and drives located wi-bin the entire Project. In addition to the rights of use herein described and elsewhere de: cribed in this Declaration, the Association, its Executive Board and its professional M: nagement Contractor (as hereinafter defined), if any, shall have an unrestricted irr :vocable easement to traverse, cross, and utilize any portion of the Common Property anâ€¢[ any Lot which may be necessary in order to maintain, repair or replace the Common Prâ€¢perty. ~ 3.2 Â£_p' :gation-cLUse. Any Owner may delegate, in accordance with the By-Laws, such Orner' s right of enjoyment to the Common Property, to the members of such Owner's i family, tenants, invitees or contract purchasers who reside at such Owners' Lot. 3.3 I# mination of Mechanicis Lien Righta. No person or entity furnishing labor or materials to L Lot with the consent or at the request of an Owner, such Owner's agent, such Owner's il colltractor or subcontractor, shall be entitled to file a mechanic' s or other lien against the Cenmon Property or the Lot of any other Owner who has not consented to or requested A thq_work. Each Owner shall indemnify and hold harmless each of the other Owners and thc' Association from and against all liability arising from the claim of any mechanic' s or otl-er lien against the Common Property or any other Owner' s Lot for construction perfonned or labor, services or materials furnished or supplied to the Owner's Lot at the Ovmer' s request. Notwithstanding anything in this Section to the contrary, any Mortgagee of i Lot who or which shall become the Owner of that Lot pursuant to a lawful foreclosure sake or the acceptance of a deed in lieu of foreclosure shall be under no obligation to in< emnify and hold hannless any other Owner or the Association for claims arising prior to:ile date such Mortgagee shall have become an Owner. 3.4 *; oon Creek Master Association Master Declaration. In all respects the ownership and usc of the Lots and Common Property shall always be subject to the terms, conditions and privisions of the Master Declaration of Protective Covenants for Maroon Creek and. aIl dury executed supplements thereof or changes or amendments thereto. In addition to each 0*ner' s membership in the Association, each Owner shall, upon succeeding to the title of a Lot automatically become a member of the Maroon Creek Club Master Association aId shall be subject to all duly adopted rules and regulations thereof and to the rights, pr vileges, burdens and obligation associated with such membership. h 8 1 Â· 0 T. 12. 2001 ~3:45PM KAUFMAN & PETERSON NO. 0882 P. 13 111111111111 1111111MI li jilii illiilll 111111111111 lili 418783 06/10/1398 09; 10A COVENANT DAVIS SILVI 10 .f 30 R~251.00 0 0.00 N 0.00 PITKIN COUNTY CO 4. EASEMENTS -. 4.1 gase :nts- If any portion of the Common Property now or hereafter ncroaches upon any Lot, or if any portion of any Lot, including but not limited to roof verhang's of Buildings, now or hereafter encroaches upon any other Lot or upon any ortion of the Common Property, as a result of the construction of any Building or j .:provements, or if any such encroachments shall occur hereafter as a result of (i) settling ,Â£ shifting of any Building or other Improvements (ii) alteration or repair to the Common ?roperty, or (iii) repair or restoration of one or more Building or Improvements after lamage by fire or other casualty, or condemnation or eminent domain proceedings, or (iv) For any other reason, a valid easement shall be deemed to exist for the encroachment and br the maintenance of the same shall exist so long as the Building or Improvements stand )r the encroachment shall exist. In the event any Building, Lot, or adjoining Common Property shall be partially or totally destroyed or taken as a result of condemnation or :minent domain proceedings and then rebuilt at the same location, encroachments due to his rebuilding shall be permitted, and valid easements for such encroachment and the maintenance mereof shall exist so long as the Building or other Improvements shall stand. I'he foregoing encroachments shall not be construed or determined to be encumbrances :ither on the Common Property or on any Lot affecting the marketability of title to any Lot. In interpreting any and all provisions of this Declaration, subsequent deeds to or Mortgages relating to Lots, the actual location of a Lot and Improvements thereon shall :onclusively be deemed to be the property intended to be conveyed, reserved or :ncumbercd, notwithstanding any minor deviation from the location of such Lot or improvements indicated on the Plat- Easements for roof overhangs shall constitute Basements as well for rain and snow runoff from roofs and overhanging roofs onto F ijoining Common Property and Lots. 4.2 Maintenance and Utility Easement. An easement is hereby granted to the Association, its officers, directors, agents, employees and assigns upon, across, in, over and under the Common Property and the Lots as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted! to perform pursuant to this Declaration, including the right to construct and maintain on the Common Property maintenance and -storage facilities for the use of the Association and for the installation, maintenance, repair and replacement of underground utilities to serve the Lots and Common Property as shall gbe installed in the construction of the Buildings thereon and Improvements to the Common Property, inctuuing, but not limited to water, sewer, gas, electricity. telephone and cable TV or common television satellite systems. The Association may create additional easements upon, across, in, over and under the Common Property and under the surface of the Lots (limited in the case of the Lots to the easements shown and designated on the Plat) for installing, replacing, repairing and maintaining alI utilities, including but not limited to water, sewer, gas, telephone, electricity, television satellite system, and cable television, if any; provided, however, that such easements are reasonably necessary for the purposes intended. The foregoing right is as well reserved to the Declarant to establish 9 Jffgi161*l mT,Litpilim OfT.12.2001 PQ:46PM KAUFMAN & PETERSON . NO. 0882 P. 14 i illill lilli J,IllilllIll Il Ililhillilll Ill Illill ill lili 418783 06/30/1998 09: 10A COVENANT DAVIS SILVI 19 of 50 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO Â®ch utility easements as shall be shown on the Plat for the benefit of the Association, Owners and Lots. All such utility easements and utility services situate in such easements shall be a part of the Common Property except as may be dedicated for the respective 1 rublic utilities with a corresponding assumption of maintenance responsibility. 4.3 Emergency- Ed:xz~. An easement for ingress and egress is hereby reserved by the Association and granted to each Owner of a Lot on, over and across the Common Property md utility eascments created as may be necessary or appropriate to enable such Owner to lerform maintenance, repair or other work upon any Lot damage to which, or the Common Property or any other Lot is threatened or occurring unless action is taken, or which may otherwise be necessary. 4.4 Privcwav and Sidewalk Easements. Easements for unobstructed ingress and egress are Lereby created over, along and across any driveways shared by any Lots and sidewalks i ccessing front entrances shared by any Lots. k 5. THE ASSOCIATION 5.1 heAssociation. The interests of all Owners of Lots within the Projecr shall be governed ~id administered by this Declaration and the Articles of Incorporation and By-IAWS of the Association. 5.2 kembershiR. An Owner of a Lot shall automatically become a Member of the Associatjon Ind shall rem,9 â€¢ Member for the period of the Owner's ownership. If title to a Lot is ~eld by more than one person, the membership related to that Lot shall be shared by all uch persons in the same proportion of interests and by the same type of tenancy in which he title of the Lot is held. An Owner shall be entitled to onc (1) membership for each Lot ,wned. Each membership shall be appurtenant to the Lot and shall be transferred qutomatically by conveyance of the Lot. No Member shall be entitled to a preemptive ight or option ro purchase any Lot. No person or entity other than an Owner may be a Wember of the Association, but the rights of membership may be assigned to a Mortgagee Lts further sfulity for loans secured by a Mortgagee of a Lot. 5.3 .Â·ne Class of Membership: Voting Rights. The Association shall have one (1) class of 'oting membership. Members (including Declarant) shall be all Owners and they shall be :ntitted to one (1) vote for each Lot (including those upon which a townhome has not been :onstructed at the time the vote is held) owned on any matter on which voting by the )wners is permitted or required by this Declaration, the Articles of Incorporation or By- Laws of the Association. When more than one (1) person holds an interest in any Lot, all ;uch persons shall be Members. The vote for such Lot shall be exercised as they among :hemselves determine, but in no event shall more than one (1) vote be Cast with respect to any Lot. All Owner other than a natural person or persons shall designate a natural person io exercise +19, "Ating rights of such member be a written instrument filed with the 10 0~T. 12. 2001 ~3:46PM KAUFMAN & PETERSON NO. 0882 P. 15 ~ 1111111 lili 111.11111 liu 11111111111111111111 lili 0 0 418783 Â®/30/1998 09; 10A COVENANT DAVIS SILVI 20 of ~ R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO . Cssociation which shall constitute such authority until revoked. Where a specific 1 #crcentage of votes of tile Association is required where that percentage translates to a *actional number of votes, the number of votes required shall be rounded to the nearest vhole number. 5.4 -*gutive Board. 14.1 The Associationshallbe managed by an Executive Board consisting of not less than three (3) or more than five (5) members, the exact number to be set by the Association's Articles of Incorporation, and thereafter changed by the Members at g an annual meeting of the Members. Subject to the rights of the Declarant contained in Sections 5.5.1 and 5.5.2 hereof, the Executive Board shall be elected by a vote of the Owners at annual meetings or special meetings of the Association, at which a quorum is present, called for that purpose according to the Articles of . Incorpvladon and By-Laws of the Association. The Board shall have such powers and duties and shall serve for such terms of office as are se[ forth in the Articles of Incorporation and By-Laws of the Association. ;.4.2 Notwithstanding any provision to the contrary in this Declaration, the Members, other than the Declarant, shall be entitled to remove any member of the Board, other than any Board member appointed by Declarant, by the affirmative vote of six (6) of such Members without the prior written approval of the First Mortgagees or the Declarant. 5.5 f iiod of Declarant Control. 5.5,1 Subject to the limitations of 5.5.2 below, Declarant shall have the right to appoint and remove members of the Board until the occurrence of either of (i) sixty (60) days after conveyance of six (6) of eight (8) of the Lots that may be created to Owners other than the Declarant or (ii) two CD years after tile last conveyance of a Lot by the Declarant in the ordinary course of business. Declarant may voluntarily surrender the right to appoint and remove Members of the Board before termination of the foregoing period of Declarant control; provided that any action Specill.U .AA Cle document by which Declarant voluntarily surrenders such rights be approved by the DecIarant prior to any such action becoming effective. 5.5.2. In addition to Declarant's right to appoint and remove members of the Board set forth in 5.5.1 above, sixty (60) days after conveyance to Owners other than Declarant of two (2) of the eight (8) Lots that may be created to Owners other than Declarant, thirty-three and one-third percent (3354%) of the Board shall be elected by Owners other than the Declarant. 11 -5.5,3 Within sixty (60) days after the Owners other than Declarant have the right to elect t a majority of the Board, Declarant shall deliver to the Association those items of Â· .4 . '..1114 0<T, 12, 2001 ~3:46PM KAUFMAN & PETERSON - NO. 0882 P. 16 I lillil lili IlllIMItill limil lillilll Ill Illilll Il lili- 418703 06/30/1998 09:10A COVENANT DAVIS SILVI 21 of 5â€¢ R 281.00 D 0,00 N 0.00 PITKIN COUNTY CO property described in C.R.S. Â§ 38-33.3-303(9) which are in existence and in Declaran['s custody or control. : 5.6 linsfer, Frrfnt . otherwise expressly stated herein, any of the rights, interests and c bligations of the Association set forth or reserved herein may be assigned or transferred. No such transfer or assignment shall revoke or change any of the rights or obligations of gny Owners as set forth herein. i 5.7 Powers. The Association shall be granted all of the powers described in C.R.S. Â§ 38-33.3- 3 02, including, but not limited to all powers necessary to govern, manage, maintain, izpair, administer, and regulate the Project and to perform all of the duties required of the Association. Notwithstanding the above, unless sixty-two and one-half percent (62.5%) c f the First Mortgagees, who have registered pursuant to Section 15.7 below (based upon ,'le (1) vote for each First Mortgage owned or held), have given their prior written approval as provided in Section 15,8 below, and the Owners to which six (6) of eight (8) ( f the votes are allocated have given their prior written approval, the Association shall not le empowered or entitled to: 5.7.1 By act or omission, seek to abandon or terminate the Project or dissolve the Association; 7.2 Partition or subdivide any Lot. 4 iL ~>:.7.3 By act ~r omission, seek to abandon, partition, subdivide, encumber, mortgage, sell or transfer any property of the Association or tbe Common Property or any Conlmon Property Improvements thereon *rovided that the granting of easements for public uses of such common elements by the Association shall not. be deemed a transfer within the meaning of this clause); :.7.4 Use hazard insurance proceeds for losses to any part of the Project (whether as to Lots or Common Property) for other than the repair. replacement, or reconstruction of such property, except as otherwise provided by the Common Interest Ownership Act in case of substantial loss to the Lots or Common Property; i.7.5 Except as may result from the exercise of the annexation provisions in this Declaration, change the method of determining the obligations, assessments, dues or othcr charges which may be levied against an Owner; i.7.6 Change the voting rights of each or any Owner; i.7.7 By act or omission change, waive or abandon any scheme of regulations, or 4 enforcement thereof, pertaining to the architectural design or exterior appearance of Lots, or the maintenance or upkeep of the Common Property; 12 1 fl OCT. 12. 2001 ~3:46PM KAUFMAN & PETERSON No. 0882 P. 17 lililllilli 111111.111 1*,111111111111111111111111 A- . 410783 al /38/1998 08: 10A COVENANT DAVIS SILVI 22 of 50 R 251,00 0 0.00 N 0.00 PITKIN COUNTY CO 17.8 Fail to maintain fire and extended coverage on the Buildings and the insurable Common Property Improvements on a current replacement cost basis in an amount not less than one hundred percent (100%) of tile insurable value (based on current replacement costs); or ~4,;.7.9 Alter any portion of the Project, including the Common Property or any Building, in a manner which constitutes a substantial departure from the Plat, as amended or supplemented. 5.8 /xamination of Books and Records. All Owners, First Mortgagees, insurers or guarantors â€¢f a First Mortgage encumbering a Lot in the Project shall, upon request, be entitled to: 3.8.1 Inspg,*. C... Lvuks and records of the Association during normal business hours; i.8.2 Receive a copy of a financial statement of the Association for the preceding fiscal year at no charge; i.8.3 Written notice of all meetings of the Association and be permitted to designate a representative to attend all o f such meetings; and 3.8.4 Receive current copies of this Declaration, By-Laws, Articles of Incorporation and any Rules and Regulations concerning the Project, provided that reasonable , copying charges are advanced to the Association by the party requesting copies. If requested by a holder, insurer or guarantor of a First Mortgage in writing, an audited financial statement for the immediately preceding fiscal year will be provided free of charge to the party so requesting, if available, If an audited financial statement is unavailable, then one shall be prepared at the expense of the party so requesting and furnished within a reasonable time following such request. 5.9 %dditional-Property. The Association may acquire and hold for the benefit of all of the 'Owners any ..2 .. personal property and may dispose of the same by sale or otherwise. rhe beneficial interest in any such property shall be owned by the Association. 6. CERTAIN RIGHTS AND OBLIGATIONS i OF THE ASSOCIATION 6.1 CommoWIQUQI#Â· 3.1.1 The Association, subject to the rights of Owners with respect to their individual Lots, shall be responsible for the exclusive management and control of the Common Property (including furnishings and equipment related thereto), and shall 13 *1 ./4, r 0:T. 12. 2001 3:46PM KAUFMAN & PETERSON NO. 0882 P. 18 lilill lilli Ililll Ilili~ Ilillkilill ill mil Il lili Ill783 06/30/1*98 08: leA COVENANT DAVIS SILVI *23 .f 50 R -251.00 D 0.00 N 0.00 PITKIN COUNTY CO keep the same in good, clean, attractive and sanitary condition. The Association 4 shall alrn be responsible for providing water, sewer, lighting and other required utility services, if any, to the Common Property. 4.1.2 The Owners shall have the irrevocable right, which shall be exercised by the Association's Executive Board, officers, custodian or professional Management Contractor to have.access to each Lot from time to time as may be necessary to maintain, repair or replace any of tile Common Propere in or accessible from that Lot, or at any hour to perform emergency repairs, maintenance or inspections on that Lot and Building thereon to prevent or minimize damage to the Common Property or any other Lot. Non-emergency repairs shall be made only during ordinary business hours after at least twenty-four (24) hours advance notice to the occupants of the Lot in which the repairs are to be made, unless the occupants have no objection to earlier entry for such repairs. In emergency situations, the occupants of the affected Lot shall be warned of impending entry as early as is reasonably possible under the circumstances. 4.1.3 Damage to the interior or any part of a Building on a Lot, which results from the 1 P maintenance, repair, emergency repair or replacement of any of the Common 9 Property or are a result of any emergency repairs on another Lot at the direction 4 , of the Association. shall be a Common Expense of all Owners ; provided, however, that if the damage needed to be repaired is caused by the negligent or tortious acts of an Owner, members of such Owner ' s family, such Owner's agcnts, employees, invitees or tenants, then such Owner shall be responsible and liable for all such damage and ali costs associated with such damage shall immediately become that Owner's obligation, which must be promptly paid. That obligation shall become a Common Expense as to the Owner' s Lot only and shall constitute a lien on that Owner' s Lot as provided in Article 7. All damaged Improvements shall be restored substantially (to the extent reasonable practical) to the same condition as they existed prior to the damage. All maintenance, repair and replacement of Common Property unless necessitated by the negligent or tortious acts or misuse of an R Owner, in which case such expense shall be charged to thit Owner, shall be a Common Expense of all the Owners, Notwithstanding anything to the contrary in this Section 6.1.3, the Association shall have no duty to seek redress for damages caused by a negligent or tortious Owner. This Section shall not be interpreted or construed to abrogate the provisions of Article 9 hereof insofar as they pertain to insurance. 4 6.2 Miscellaneous_Services, The Association may obtain and pay for the services of any Qerson or entity to manage its affairs, or any par[ thereof, to the extent it deems advisable, is well as such other personnel as the Association shall determine to be necessary or iesirable for the proper operation of the Project, whether such personnel are furnished or :mployed directly by the Association or by any person or entity with whom or which it 14 T 12 2001 ~3:47PM KAUFMAN & PETERSON NO. 0882 P 19 0~. I Illill Illi llillll|~|Il Il Iliwillillill Ill Ill:Ill Il lili 411783 05/30/1998 09: 10A COVENANT DAVIS SILVI 24 of 50 7 281.00 D 0.00 N 0.00 PITKIN COUNTY CO â€¢antracts. The Association may obtain and pay for legal and accounting services necessary ' desirable in connection with the operation of the Project or the enforcement of this ~eclaration. The Association may arrange with others to furnish service including, but ~ot limited to lighting, heating, water, trash collection, snow removal, building and 2-rounds maintenance, front desk service, sewer service, and other services as appropriate D the Project. Such services may be provided on a self-supporting, special assessment or common assessment basis. During the period Declarant is in control of the Association, Eny contracts or leases entered into shall contain a right of termination. without cause. which is exercisable without penalty at any time after transfer of control, upon not more man ninety (90) days prior written notice to the other party thereto; however, such right (f terminatloil ikcu no, be present in those contracts and leases wherein the subject matter b an essential service and where long term contracts are required. The cost of such ervices shall be borne as provided in Article 7. 6,3 1 rofessional Management. The Association may obtain and pay for services of a professional "Management Contractor" to manage its affairs, or any part thereof, to the atent it deems advisable, whether such services are in lieu of, or supplemental to, the services described under Section 6.2 above. During the period when Declarant is in control of the Association, any management contracts entered into by the Association with 1 -spect to such professional management of the Properties, and any contracts that such 1 ofessional Management Contractor shall enter into on behalf of the Association, shall be Or a term not to exceed one (1) year, and must contain a provision allowing either party O cancel the contract with or without cause, and without a payment of a termination fee cr penalty, upon ninety (90) days prior written notice. Further, and in connection with the Association's right to contract for management and personnel, whether on-site or off-site h nature, the Association shall have the right to limit the use of portions of the Common Uoperty for purposes of maintenance and storage facilities, management offlce facilities, management housing facilities to the extent required, and other such purposes as deemed ccsirable and necessary by the Association for the purposes of management and r. naintenancc v~ u#g Properties. The professional Management Contractor shall be an hdependent contractor and neither the professional Management Contractor, nor any of ts employees, shall be considered as employees of the Association. 0 6.4 Maintenance_oflcts. C.4.1 For maintenance purposes and subject to the qualifications, limitationand provision of Subsections 6.4.2 and 6.4.3 of tbis Section 6.4, an Owner shall be deemed to be responsible for all of such Owner's Lot, including the Building and the roof structure, situate within such Owner ' s Lot and Common Wall(s) (subject to the 4 other conditions and limitations and exceptions of this Declaration), save and except (i) the exterior surfaces and surface materials of the Building thereon, but not including windows and doors which shall be the Owner's responsibility; (ii) exterior landscaped or yard areas, inclusive of yard areas which are Limited 15 . -t . ..11--. Â· 1 - O~T. 12. 2001 3:47PM KAUFMAN & PETERSON NO.0882 P. 20 ~I llilll Ilillillilll I#Eli Illbrillillill Ill mill Il lilli 1 418703 06,30/1998 09:10A COVENANT DAVIS SILVI ~ 25 of 50 1 251.00 D 0 00 N 0,00 PITKIN COUNTY CO Common Area and; (iii) the pipes, wires, conduit or systems, if any, running through such Owner's Lot which serve one or Rlore other Lots, all of which exceptions shall be the responsibility of the Association, Such utility facilities shall not be disturbed or relocated by an Owner without [he written prior consent and approval of the Board, and any such alteration, relocation, enlargement, addition or modification shall be at the Owner's expense, which expense shall include all expenses incurred by the Association in reference thereto. 5.4.2 An Owner shall maintain and keep in repair, except as limited by Section 6.4.1 hereof, the Building on the Owner's own Lot, including the doors and windows (interior and exterior surfaces thereof) and including the fixtures and utilities located therein exclusively serving such Owner's Lot to the extent current repair shall be necessary in order to avoid damaging other Lots or the Common Property and as shall be necessary to maintain the Project in a clean, attractive and high quality manner. All fixtures, equipment and utilities installed within the Building commencing at a point where the fixmres, equipment and utilities enter the Lot shall be maintained and kept in repair by the Owner thereof, An Owner shall do no act or any work (including 'without limitation, painting and roof surfacing (i. e. 3 the like) of roofs) that will alter the appearance of the Buildings or impair the structural soundness of the Buildings or impair the proper functioning of the utility facilities or heating, electrical, fire extinguishing, air conditioning or plumbing systems or the structural integrity of the Buildings or impair any easement or hereditament or damage any other component of the Project. An Owner shall always keep any balcony, porch, patio, driveway, vehicle driveways, sidewalks or ramps, adjoining and appurtenant to such Owner's Building constituting a part of such Owner's Lot in a safe, clean, orderly and sanitary condition. 4.4.3 An Owner and the Owner of the adjoining Lot shall be responsible, each in equal shares for the repair and maintenance of any Common Wall or Walls be[ween the Buildings on their respective Lots unless the Common Wall repairs shall be necessitated by the negligence or intentional act on one Owner. It shall be the affirmative obligation of the Owners thereof to maintain and keep the Common Walls between their Buildings structurally sound and in good condition. 9-6.4.4 An Owner shalI not construct or place any Building Improvements on any Lot in addition to the Building constructed thereon by thc Declarant or alter or modify any i larl--vi-Z grounds or improvements outside of the Building forming a part of such Owner's Lot. 6.5 Maintenancg_gf Building Exterion and Common Property. 6.5.1 The Association shall have the duty of maintaining and repairing all of the Common Property within the Project, including landscaped areas, retaining walls, 16 0.[.12. 2001 3:47PM KAUFMAN & PETERSON NO. 0882 P. 21 I Illill 11Ili llill Illl I ll Illirilillill Ill 11Illil ll lili 418783 06/t30/1998 08: 10A COVENANT DAVIS SILVI 20 of 50 ,Â·' 251.00 D 0.00 N 0.00 PITKIN COUNTY CO driveways and sidewalks, and grounds and any parking areas forming a part of the Common Property, whether constituting Common Property or a portion of Lots, Building exteriors and the non-structural components of roof systems, i.e. roof surfaces such as shingles, except air conditioning machinery which are outside of a Building. The cost of such maintenance and repairs shall be a Common Expense 4. of all of the Owners. The Association shall not need the prior approval of its members to cause such maintenance or repairs to be accomplished, notwithstanding 6 the cost thereof, subject, however, to Articles 10 and 11 hereof. 6.5.2 The Association shaII provide to the Owners thc following services which shall be paid for out of the Common Expense assessment, to wit: (I) Maintaining the Common Property, and Building exteriors and non- structural roof systems and surface treatments, i. e. shingles, etc., on the Lots; (ID Maintain all grounds, grounds Improvements and landscaping whether - constituting Common Property or situated on portions of Lots, including, .a but not by way of limitation, retaining walls, sidewalks and driveways and snowmelt systems therein. (III) Administering and managing the Project; OV) Providing heating, lighting and any other appropriate services for the r Common Property; 09 Obtaining and maintaining the insurance required to be obtained and 4,41ULdlned by the Association pursuant to Article 9 hereof; (VI) Enforcing of the provisions set forth in this Declaration and the Association's rules and regulations, and collecting of all obligations owed to the Association by the Owners; (VII) Acting as attorney-in-fact in the event of damage or destruction as provided for in Article 10 hereof; and MID Performing all other acts required by this Declaration or the Articles of Â· Incorporation and By-Laws of the Association. 5.5.3 Notwithstanding anything in the foregoing to the contrary, the Association may enter into one or more contracts or agreements with one or more persons or entities, to perform any or all of the services set forth in this Declaration, including but not limited to the services set forth in this Section. 4 F 17 Ci i 0â€¢T. 12.2001 3:47PM KAUFMAN & PETERSON NO. 0882 P. 22 Â· Illilll lil i lilli* Il Ilnfill:Illl Ill lillill Il lili R 410783 el/30/1998 02:10A COVENANT DAVIS SILVI 27 of 50 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO i 6.6 Alterations to Common Property. For so long as Declarant shall own two (2) or more Lots, the Association shall make no capital alterations, additions or improvements of or :o the Common Property requiring an expenditure in excess of an amount equal to five percent (5%) of the Association's budget for any calendar or fiscal year in any one (1) :alendar year without the prior written approval of Declarant. At such time as Declarant shall own less than two (2) Lots, the Association shall make no capital alterations. idditions or improvements of or to the Common Property requiring an expenditure in â€žcess of an amount equal to ten percent (10%) of the Association's budget for any -alendar or fiscal year in any one (1) calendar year without the prior written approval or he affirmative vote (in person or by proxy) at a properly called meeting of the Association it which a quorum is present of a majority of the Owners of the Lots, except in cases of :mergency as determined by the Board exercising its reasonable discretion. Nothing in .his Section shall apply to prevent or limit the right of the Association to perfonn naintenance and repair of the Common Property as provided in Section 6.5 or to perform I repairs or replacement of the Common Property in the event of daInage, destruction or :ondemnation as provided in Articles 10 and 11 hereof. r-' 6.7 ,dentity_of Executive Board MemberS. From time to Gme, but not less than annually, there ihall be mailed by the Association to each Owner a notice containing the names and iddresses of the members of the Executive Board, and the professional Management -Contractor, if there is one. 6.8 kights_of_Action. The Association and any Owner, shall have an appropriate right of iction against any other Owner for failure to comply with the provisions of this Declaration or with decisions of the Association made pursuant to this Declaration; and any )wner shall have similar rights of action against the Association. + 1 7. ASSESSMENTS 7.1 Dbligation. All Owners of Lots improved with Buildings, including the Declarant, shall le obligated to pay the estimated assessments imposed by the Board to meet the Common Expenses of maintenance, operation and management of the Properties, the Association, R Jnd the various functions and duties of the Association based upon each Owner's Allocated :nterest at the time an assessment is made. The Board may establish any reasonable system ~or collection periodically of Common Expenses, in advance or arrears as deemed Llesirable. T-â€¢,1,17, the assessment for the estimated Common Expenses on an annual basis ihall be payable semi-annually in advance every six months. In the event a Lot is sold to -1 purchaser during the year, the annual assessment shall be prorated to the closing date and paid at closing, together with the working capital deposit required by Sections 7.12 hereof. Assessments made shall be based upon the estimated cash requirements as the Board shall .from time to time determine to be paid by all of the Owners. Estimated expenses shall include the cost of maintenance and operation of the Common Property, Common Property 18 9 1 0:T. 12.2001 ~3:47PM KAUFMAN & PETERSON NO. 0882 P 23 [lilill lilli Hill IRII lillillilill Ill Illilll il lili 410783 06/30/1998 09:10A COVENANT DAVIS SILVI 28 of 80 R 251.00 D 0,00 N 0.00 PITKIN COUNTY CO mprovements, expenses or managemeta, iaxes and special assessments, unless separately assessed, insurance premiums for insurance coverage as required herein or as deemed iesirable or necessary by the Board, landscaping, care of grounds, wages, legal and LCCounting fees, management fees expenses and liabilities incurred by the Board or )rofessional Management Contractor under or by reason of this Declaration, payment of iny deficit remaining from a surplus fund for the maintenance or replacement of those Zommor Pr-1--Â·t '-72'.'ements which must be maintained or replaced on a periodic basis is well as other costs and expenses relating to the Common Property, and the purposes and 'esponsibilities of the Association. The omission or failure of the Board to fix the Issessments for any assessment period shall not be deemed a waiver, modification, or Â·elease of the Owners from their obligation to pay the same. The Board shall have the ight, but not the obligation, to make pro-rata refunds of any assessments in excess of the ictual expenses incurred after the end of the fiscal year. 7.2 40 Maximum_Annual Assessment. No limitation is placed to the amount of the maximum 1 innual assessment which may be made by the Association. 7.3 Equal Rate of Assessment. Both annual and special assessments must be fixed equally for 411 Lots, unless the purpose of an assessment shall be limited to benefit or affect less than ill of the Lots in which case the same shall be fixed equally for all benefitted or affected Lots, all as may be determined in the sound discretion of the Board, and may be collected m a time period as determined by the Board. A 7.4 irime For Rayment of Assessments. Assessments shall be due and payable within fifteen 15) days after written notice of the amount thereof shall have been mailed to the registered -nailing arl,1--: -s .6. respective Owner of a Lot. Each assessment shall bear interest at he rate of eighteen percent (18 %) per annum from the date it becomes duc and payable f not paid within fifteen (15) days after such date, and theie shall be a Twenty-five Dollars '$25.00) late charge for each installment of assessment payment that is delinquent. Failure if the Association to give timely notice of any assessment as provided herein shall not iffect the liability of the Owner of any Lot for such assessment, but the date when payment ;hall become due in such cash shall be deferred to a date fifteen (15) days after the due date indicated in the properly sent notice. The Board may elect to have the annual assessments paid monthly, or such other periodic basis deemed desirable by the Board; and a default in the payment of any one installment of the annual assessment shall additionally give the =sociation the right to accelerate the remaining amount of annual assessment as immediately due and payable, as further referenced hereinafter. 7.5 Sp=iaLAss=sments For Capital Improvements. In addition to the annual assessments diuthorized by this Article, tile Board may levy in any assessment year a special assessment payable over such a period as the Association may determine, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or W teplacement of the Project or any part thereof, or for any other unanticipated expense. The 19 111 1 OeT 2.2001 3:48PM KAUFMAN & PETERSON NO. 0882 P, 24 11'111111 m mi â€¢ ii m.ii. iii mill Il lili 418783 08/ 10/1998 09: 10A COVENANT DAVIS SILVI 29 â€¢f 30 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO foregoing shall not be construed as an independent source of authority for the Association to incur expense, but shall be construed to prescribe the manner of assessing the expense authorized by other Sections hereof which shall make specific references to this Article or aS set forth in the preceding sentence, including Section 6.6. Any amounts assessed pursuant hereto shall be assessed to owners at a uniform rate. Notice in writing of the amount of such special assessments and tho time for payment thereof shall be given romptly to the Owners and no payment shall be due less than thirty (30) days after such notice shall have been mailed to the registered mailing address of the respective Owner. A special assessment shall bear interest at the rate of eighteen percent (18 %) per annum from the date it becomes due and payable, if not paid within thirty (30) days after such late, and there shall be a reasonable late charge as set by the Board. 7,6 Bud?et Ratification. 1 7.6.1 At least ninety (90) days prior to levying any annual or special assessment, the 1 r c.: a proposed budget of the estimated cash requirements for that assessment. Within thirty (30) days after that proposed budget is adopted, the Secretary of the Association (on behalf of the Board) shall cause to be delivered to each Owner at such Owner's registered address, by regular United States mail, first-class postage prepaid, the following: (i) a summary of the proposed budget, (ii) a statement of the amount of the assessment per Lot and the number and amount of any installments thereof, and (iii) a notice of a meeting of the Association which shall specify that the purpose or one of the purposes of the meeting is to allow the Owners to vote on the proposed budget, and (iv) the date, place and time of the meeting, The meeting shall be held not less than fourteen (14) nor more than SiXty (60) days after the date on which the notice is mailed to the Owners, 7.6,2 At the meeting held pursuant to Section 7.6.1, the proposed budget shall be - submitted to the Owners for approval. Unless the Owners of six (6) of the eight (8) Lots of the Owners (regardless of whether a quorum is present) affirmatively vote against approving the proposed budget in person or by proxy, rhe proposed budget shall be deemed ratified by the Board. If the prÂ®osed budget is not I , ratified, the Board of the Association shall propose a subsequent budget within fifteen (15) days after the date of the meeting and submit that proposed budget for rtif- __#'.-_ ~IL~ the Owners in the manner set forth above for the originally proposed budget. 7.7 AssailnROLLicn. 7,7.1 All sums assessed but unpaid for the share of Common Expenses or special assessments chargeable To any Lot, including any fees, late charges, fines, interest, costs or attorneys' fees, shall constitute a lien on such Lot superior to all orher liens and encumbrances except (a) tax and special assessment liens on such Lot in favor 20 OCT. 12. 2001 Â·*:48PM KAUFMAN & PETERSON NO. 0882 P. 25 i 1 1111111111 111111111 lk,;111111111 111 lili lilli lili ' *-4 418783 Â£ 6/30/1988 09: 10A COVENANT DAVIS SILVI 30 of 50 R '251.00 D 0.00 N 0.00 PITKIN COUNTY CO of a taxing authority and (b) all sums unpaid on a First Mortgage of record, including all unpaid obligatory sums as may be provided by such encumbrance. Notwithstanding anything in the preceding sentence, the lien provided by this Article 7 shall be prior and superior to a First Mortgage with respect to annual A assessments for Common Expenses in an amount (which shall include any costs and f attorneys' fees permitted to be added to such claim) which shall not exceed one hundred fifty percent (150%) of six (6) times the average monthly Common Expense assessment during the immediately preceding fiscal year. To evidence the tien 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 thereon, the name of the Owner, and a description of the Lot and record the same in the records of the Office of the Clerk and Recorder of Pitkin i County, Colorado. Such lien for assessment shall attach from the due dare of the assessment. The lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in the manner for judicially foreclosing a mortgage on real , property upon recording of a notice for claim thereof. In the event of any such foreclosure, the Owner shall be liable for the amount of unpaid assessments, any interest and penalties thereon, the costs and expense of such proceedings, the COSts and expense for filing the notice of the claim and lien, and all of the Association's reasonable attorney' s fees in connection therewith. 3.7.2 The Association shall have the power to bid on a Lot at foreclosurc sale and to acquire and hold, lease, mortgage and convey the same. Any Mortgagee holding 4 a Mortgage on a Lot may pay any unpaid assessment payable with respect to such Lot ana any and all costs and expenses with respect thereto, and the Mortgagee shall have a lien on such Lot for the amounts paid, which lien shall have the same priority as the lien of the Mortgage. Except as otherwise provided in Section 7.7,1 ' above, the lien for assessments referred to herein shall be at all times subordinate to the lien of any First Mortgage held by a First Mortgagee. By accepting a deed , to a Lot, each Owner shall thereby waive and release any and all rights and claims said Owner may have in and to the Lot as a homestead exemption or any other exemption. 7.8 Zis(mal Obligation. The amount of any assessment chargeable against any Lot shall be . personal and individual debt of the Owner thereof. No owner may become exempt from =liability for the assessment by abandonment or waiver of the use or enjoyment of any of the Common Property or Common Property Improvements. The Association may bring suit to recover a money judgment for unpaid Common Expenses plus interest and expenses, including the Association's reasonable attorney fees, without foreclosing or waiving the assessment lien provided herein. 1 k - 21 f OFT. 12.2001 ~3:48PM KAUFMAN & PETERSON NO, 0882 P. 26 I Ilill lilli lilli Illlâ€¢lilll ull Ill lili lilli lili 418783 01/30, 1900 09: 10A COVENANT DAVIS SILVI 3~ of 50 R 21 1.00 D 0.00 N 0.00 PITKIN COUNTY CO <* 7.9 â€¢lotice to First MortYagee. If requested in writing, the Association shall report in writing o the First Mortgagee of a Lot any default hereunder or unpaid assessments remaining in default or unpaid or uncured for longer than sixty (60) days. 7.10 htementof Status of Assessment Pavment. Upon payment of a reasonable fee of not less han Twenty-Five Dollars ($25.00) (except for First Mortgagees who shall be exempt from , uch fee) and upon the written request of any Owner, Mortgagee, prospective Mortgagee, i ,r prospective purchaser of a Lot, delivered to the Association by certified mail, first-class ~ostage prepaid, realrn receipt requested, the Association shall issue a written statement letting forth the amount of the unpaid assessments, if any, with respect to such Lot, which thall be delivered to thc inquiring pare by certified mail, first-class postage prepaid, return eceipt requested to the inquiring party at such party's address set forth in such request. Jnless such request shall be complied with within fourteen (14) business days after receipt â€¢fthat requal 2.2 Association, and if the request was properly addressed and sent by Lertified mail, first-class postage prepaid, return receipt requested, then all unpaid ussessments which became due prior to the date of making such request shall be . ubordinate to the lien of a Mortgagee which acquired its interest subsequent to requesting i uch statement. If tile request is made by a prospective purchaser, the lien (but not the -Ibligation of the Owner for payment of the assessment) for the unpaid assessment shall be : eleased automatically if the statement is not furnished within the fourteen (14) business â€¢lay period herein: provided thereafter, an additional written request is properly addressed end evidenced by a certified mail receipt and the request is not complied with within ten .10) days and the purchaser subsequently acquires the Lot. e 7.11 ~ersonal Liability of Purchaser For Assessmenti. A purchaser of a Lot shall not be ersonally liable for unpaid assessments against such Lot up to the time of conveyance to urchaser. 7.12 Working Capital and Assessment Reserves. r.12.1 Each Owner originally purchasing a Lot from Declarant shall be required to deposit and maintain continuously with the Association an amount equal to one-fourth (1/4) of :hz Â£_.2-:r.t of the first annual assessment, such reserve amount to be held without interest accruing to the Owner, which sum shall be used by the Association or professional Management Contractor as a working capital fund. This amount . may be recovered by a seller from a purchaser at the time of resale. In the event the Board decides there is and will be sufficient working capital without this fund, and the reserve for repair and replacement is equal to or greater than the amount , of the working capital fund, then this amount may be returned to cach current : Â· Owner. Such advance payment shall not relieve an Owner from making the regular monihly installment payments of the annual assessment as the same becomes due, nor shall the Association be required to deduce from such advance payment sums 22 2 OCT 12 2001 3~48PM KAUFMAN & PETERSON NO. 0882 P. 27 11111111111111111 .h 11~1111111111111 lilli 11111111 . U 418783 061'30/1998 09: 10â€¢ COVENANT DAVIS SILVI 32 of 50 1 251.00 D 0.00 N 0.00 PITKIN COUNTY CO i; , due for common assessments by an Owner prior to instituting any proceedings against the Owner for delinquent common assessments. 712.2 The Association shall establish an adequate reserve fund for the maintenance, repair and replacement of the Common Property Improvements maintained by the Association. This reserve fund shall be maintained through regular installments of Common Expense assessments, ' 7.13 Fiust Mortgagee-Foreclosure-Liability for Unpaid Assessmenta. Each First Mortgagee of a Lot within the Project who obtains title to such Lot pursuant to the remedies provided in :he Mortgage or foreclosure of the Mortgage, or any purchaser at foreclosure sale, will tr '.- the Lot free of any claims for the unpaid assessments and charges against such Lot B i .ch accrue prior to six (6) months before the time such First Mortgagee or purchaser at fo: eclosure sale obtains title to such Lot, but shall not relieve the First Mortgagee or plrchaser from liability for or lien from any assessments made thereafter. Any unpaid as, essment, which was rendered uncollectible by the effect of this Section 7.13 may be rel)located and assessed to all Lots as a Common Expense. ' 7.14 Asociation's Right of Acceleration Upon Default. In addition to any other remedies pr >vided for the Association upon the default of an Owner in the payment of an annual se-heernprit enprze| sceâ€¢(cl-nent Or anv inqtallinent thereof. and in the event an Owner shall I , 2 2001 ~3:54PM KAUFMAN & PETERSON NO, 0882 P. 27 11111111 1111111~111 Ibill 11111111111111111111 lili â€¢ A.<0 418783 )6/30/1998 08:10A COVENANT DAVIS SILVI 32 of 50 R 251.00 D 0.00 N 0.00 PITKIN COUNTY CO due for common assessments by an Owner prior to instituting any proceedings againsi inc Owner for delinquent common assessments. 7-12.2 The Association shall establish an adequate reserve fund for the maintenance, repair and replacement of the Common Property Improvements maintained by the Association. This reserve fund shall be maintained through regular installments of Common Expense assessments.. 7.13 First Mortgagee-Foreclosure-Liability for Unpaid Assessments. Each First Mortgagee of 1 Lot within the Project who obtains title to such Lot pursuant to the remedies provided ,- the Mortgage or foreclosure of the Mortgage, or any purchaser at foreclosure sale, will 2..ke the Lot free of any claims for the unpaid assessments and charges against such Lot which accrue prior to six (6) months before the time such First Mortgagee or purchaser at 'orcclosure sale obtains title to such Lot, but shall not relieve the First Mortgagee or Iurchaser from liability for or lien from any assessments made thereafter. Any unpaid issessment, which was rendered uncollectible by the effect of this Section 7.13 may be i Â·callocated and assessed to all Lots as a Common Expense. 7.14 Usociation's Right of Acceleration Upon Default. In addition to any other remedies brovided for the Association upon the default of an Owner in the payment of an annual issessment, spalai assessment, or any instalIment thereof, and in the event an Owner shall lefault in the payment of any installment of an annual or special assessment, then the Association shall have the right to declare immediately due and owing the total amount of iuch annual or special assessment as remains outstanding at the time of such installment lefault. This right of acceleration in the event of installment default shall apply whether :he Association pursues the obligation personally against the Owner or through foreclosure )f the Owner' s Lot, as provided above. 8. RESTRICTIVE COVENANTS AND OBLIGATIONS 8.1 ~esidential. Subject to Declarant' s right to use Lots and the Common Property during the ponstruction and sales period as provided in Section 8.2, the Lots are hereby restricted to psidencial use and uses related to the convenience and enjoyment ofsuch residential use ~iy the Owner, the Owner's family, guests or tenants. No residential buildings other than 5 Building on each Lot constructed by the Declarant shall be erected or constructed on ~he Properties. No structures of a temporary nature, trailers, basements, tents, shacks, sheds, garages, storage buildings or other out-buildings shall be used or permitted to be *ept or stored on any portion of the Project at any time, either temporarily or permanently. 8.2 Sales/Construction Facilities of Declarant. Notwithstanding any provision in Section 8.1, Declarant, its agents, employees and contractors shall be permitted to maintain during the period of construction and sale of the Lots in the Project upon such portion of the 23 i OCT. 12 2001 ~3:54PM KAUFMAN & PETERSON NO. 0882 P. 28 L i Ilillilili Ilill~Ill Il u Ill1Illl Ill lilli lili lili 418783 01/30/1998 09:10A COVENANT DAVIS SILVI 33 of 50~ R 251.00 D 0.00 N 0.00 PITKIN COUNTY CO .Â· roperties as Declarant may choose such facilities as in the sole opinion of the Declarant may be reasonably required, convenient, or incidental to the construction, sale or rental if Lots including, but not limited to construction trailers and storage area, one (1) model ownhomes, and not more than one (1) sales trailer, and temporary parking facilities for tll construction employees; provided, however, that the limit on Declarant's right to use he Properties for sales purposes shall not limit its right to use the Properties for :onstructien or development purposes; provided further, that these rights shall terminate 30 later than five (5) years after the effective date of this Declaration; and provided Urther, that such use shall not interfere in any way with the right of ingress or egress to 'ights of ingress or egress to the Common Property and Improvements thereon, nor th= use Iny privately owned Lot and the use and enjoyment thereof as a private residence, nor tbc hereof for recreation or other proper purposes by the Owners and the Members, agents ind Officers of the Association. < 8.3 2=wliance_aiNLLaw. No immoral, offensive, improper or unlawful use shall be lermitted or made of the Properties or any part Ihereof. All valid laws, ordinances, and tgulations of all governmental bodies having jurisdiction over the Project shall be observed. r. 8.4 *ules and Regulations. Initial Rules and Regulations CRules and RegulationsÂ») are ' mposed by the Declarant and are attached to rhe duly adopted Bylaws of the Association. 4dditional or amended Rules and Regulations may be adopted by the Board concerning and governing the use of the Common Property, provided such Rules and Regulations shall be iurnished to Owners prior to the time they are adopted and that Owners be notified as irovided in tile By-Laws of the Association that the Board will consider adopdon of the idditional or amended Rules and Regulations so that Owners will have an opportunity to 11 Me heard or furnish input regarding the adoption and so that such additional or amended Rules and Regulations shall be uniform and nondiscriminatory. After adoption, a copy of J such additional or amended Rules and Regulations shall be provided to all Owners. The : Associa[ion may also adopt a fine system to impose monetary penalties for such -infractions, or take judicial action against any Owner to enforce compliance wim any Rules . ~ -and Regulations, or other obligations, including injunctive relief or to obtain damages for noncompliance, all to the extent permitted by law. The Board may adopt and publish a fine schedule which shall list fines which shall be imposed for violations of this Declaration, the Association's By-Laws. 'Articles of Incorporation, and any Rules and Regulations. 8.5 No Other_Buslness. No other business activity of any kind shall be conducted upon any ,Lot or on the Project, except that permitted by the Association or otherwise provided inerein. The foregoing shall not be construed to prohibit home offices if permitted by underlying land use regulations, 24 1 OCT. 12. 2001 3:54PM KAUFMAN & PETERSON INO. 0882 P. 29 1111111ILII1111*111IICI11111111Ill 11111 lilli lili 0 .J 418783 @6/30/1998 09:10A COVENANT DAVIS SILVI y 34 of El R 231.00 n 9 M. N 0.00 PITKIN COUNTY CO i 8.6 discellaneous Use Restrictions. 1.6.1 Antenna Except for any which may be erected by Declarant or by the Association with the prior written approval of Declarant, no exterior radio or television antenna, aerial, satellite dish, or other type of radio or television t receiving system shall be erected or maintained on the Project wichout the written consent of tile Board- ' 6.2 Transmitters. No electronic or radio transmitter of any kind other than garage door i 3 openers and radio telephones shall bc located or operated in or on the Project or any Lot without the prior written approval of the Board. ;.6.3 Nuisances. No noise or other nuisance shall be permitted to exist or operate in the Project or upon any Lot so as to be, in the reasonable opinion of the Board, offensive or detrimental to any other property or its occupants. Without limiting the generality of any of che foregoing provisions, no exterior speakers, horns, 11 1 . i whistles, bells or other sound devices (other than security devices used exclusively , for securie purposes) shall be located, used or placed on any Lot without the prior wriaea Approval of the Board. No rubbish or debris of any kind shall be placed or permitted co accumulace upon any Lot and no odors shall be permitted to arise , therefrom so as to render any such Lot or any portion thereof, in the opinion of the c Board, unsanitary, unsightly, offensive or detrimental to any other Lot, the 0, Common Property, adjacent lands and improvements thereon or public or private thoroughfares or to its occupants. 1,6.4 Unught#-Aniglm. No unsightly article shall be permitted to remain in the Project or upon any Lot so as to be visible from any other Lot, the Cornmon Property, adjacent lands and improvements thereon or public or private thoroughfares. 4 1 Without limiting the generality of the foregoing: t (I) No commercial-type vehicles, campers, trailers, boats, recreational vehicles or tmcks other than pickup trucks not in excess of.one (1) ton, will be stored or parked on the Common Property or on any driveway except while engaged in transport to or from a garage in a Building. (ID Any designated guest area parking on the Common Property shall be used : as guest parking only. No abandoned or inoperative vehicles of any kind 611 be stored or parked on any portion of the Project, except as provided 4 herein. An " abandoned or inoperable vehicle" shall be defined as any i vehicle which has not been driven under its own propulsion for a period of one (1) month or longer. The Association shall cause a written notice . describing the "abandoned or inoperable vehicle" and requesting removal thereof to be served on the Owner in possession of the vehicle or the 25 1 4 OCT. 12 2001 3:54PM KAUFMAN & PETERSON NO. 0882 P. 30 8Â· 1Illill till Ill11~1111Ills lillilll Ill lilli lili lili ' Â£J 418783 7, '30/1998 09: 10A COVENANT DAVIS SILVI 35 of 52 1 251,00 D 0.00 N 0.00 PITKIN COUNTY CO parking, carport, or garage space in which the vehicle is located, or posted 1 on the unused vehicle itself. If the vehicle shall not have been removed j within seventy-two (72) hours after service or posting that notice, the i Association shall have the right to remove the same without any liability to : of the vehicle with the expense of removal as an additional Common the Association, and the Association may charge the Owner in possession Expense against the Owner's Lot only. 1.6.5 Signs and_Flags. No sign or flag of any kind shall be displayed to the public view I on any Lot; provided, however, that signs and United States (or othcr national flags) or Colorado flags of reasonable size not to exceed five (5) square feet may ' be displayed on holidays. Signs and flags used for sale, administration and 2 directional purposes by Declarant during development of the Project will be permit- ted. f 2.6.6 Hazardous Activities. No hazardous activities shall be conducted upon any Lot or on rhe Common Property or any part thereof. No activities shall be cdnducted and nothing shall be kept in any Lot or on the Common Property or any part thereof which would result in the cancellation of the insurance carried by the Association or increase the premiums for the insurance carried by the Association over what it would pay but for that activity, without the prior written approval of the Association. 4.6.7 Garage_Sales. No garage, patio, porch or lawn sale shall be held on any Lot f without the prior written approval of tbe Board, t 4.6.8 Smrage of Buildiog Materiab No building materials shall be stored upon any Lot except temporarily during continuous construction of a Building or its approved alteration or improvement. - 5.6.9 T.emg~cy Structums. No trailer, mobile home, tent or shack, shed or other temporary building, improvement or 5tructure shall be placed.upon any portion of t the Project, except that temporary structures necessary for storage of tools and equipment and for office space for architects, builders and foremen during actual construction may be maintained by Declarant, all as hereinbefore limited in Section 8.2. 1 ' -5.6.10 Liyestock. Poultry. and Peti. No animals, livestock or poultry (pet birds included) shall be raised, bred or kept on the Project, except that an aggregate of not more than [wo (2) dogs, cats or other common household pets may be kept per Lot; provided, however, that the Owner shall be responsible for any damage caused by any pet kept on an Owner' s Lot, Every pet shall be strictly controlled and kept on a leash, and no pet shall be allowed to make or cause disturbing noises or odom or . : 26 i I , OCT. 12. 2001 ~3:54PM. KAUFMAN & PETERSON NO.0882 P. 3 1 lilli 1.1111111 lilli 111111 1111".1,11,1 Ill 111111111 lili . 418783 06/ 10/1998 09: 10A COVENANT DAVIS SILVI 36 of 50 R, 251,00 0 0.00 N 0.00 PITKIN COUNTY CO otherwise constitute a nuisance to any other Owner. An Owner (or an Owner's tenant or guest) shall not permit pet droppings or pet waste on other Lots or on Common Property. The Association may adopt additional rules and regulations with regard to household pets kept on the Project, including, but not limited to regulations limiting the size of such pets, and providing for the prohibition of pets which are found by the Board to repeatedly violate the provisions hereof and rules and regulations subsequently adopted. The Owner of any pets causing damage to i any Lots or Common Property shall be responsible for such damage. 3.ill Window Coveringi. Window coverings visible from the exterior shall be compatible with the architectural character of the residence. Reflective shades or film type window coverings are specifically prohibited except such uniform film or coverings as shall be approved by the Executive Board. The Board may otherwise adopt Rules and Regulations relating to window coverings. Â· f i 3.6.12 Wood Burning Prohibited. Wood-burning fireplaces, wood-burning stoves and M J , 0[lic, wvvu-Luining devices 5hall not be permitted within the Project, unless approvals and permits therefor shall be obtained under applicable provision of federal, state or local laws. The foregoing prohibition shall include stoves such as pellet stoves or stoves which bum other types of solid fuels, including, but not limited to, coal. 8 -6.13 parking. Parking by Owners and tenants of Lots and all other residents of the Project shall be permitted only in garages which are a part of the Buildings on the Lots or sit:uatc on the Common Property as designated and shown on the Plat. Motor vehicles parked in violation hereof may be towed at the expense of the owner thereof. More specific Rules and Regulations with respect to the said parking garages or Common Property may be adopted by the Board. 5.6.14 Lease of Lots. The Owner of a Lot shall have the right to lease such Owner's Lot subject to the following conditions and covenants: (I) No Owner may lease less than such Owner ' s entire Lori (ID All leases shall provide that the terms of the lease and the lessee's 6 -=pancy of the Lot shall be subject in all respects to die provisions of this 1 - Declaration, the Articles of Incorporation and By-Laws of the Association, as well as any Rules and Regulations promulgated by the Association. Any lessee who fails to comply with all of the terms of this Declaration, the Articles and By-Laws, and any rules and regulations of the Association shall be deemed in default under that lease, any Owner who leases a Lot shall be deemed in default under that lease. Any Owner who leases a Lot 27 O]T. 12. 2001 11:55PM KAUFMAN & PETERSON NO. 0882 P. 32 i 111111 IC;11111.11 IL'1111111111111111 lili lili 418783 08'30/1998 09:10A COVEMANT DAVIS SILVI 37 of 50 1 251,00 0 0.00 N 0.00 PITKIN COUNTY CO shall provide a copy of the lease to the Association within ten (10) days after execution thereof; and *I) All leases shall comply with applicable land use and zoning laws and restrictions. 3.6.15 MailiUAddress. Each Owner and First Mortgagee shall register such Owner's or First Mortgagee's mailing address with the Association, and all notices, demands and statements shall bc sent by regular United States Mail, first-ctass postage prepaid, addressed in the name of the Owner or First Mortgagcc at such registered mailing address, or may be sent by facsimile transmission. All notices to Declarant shall be sent by certified mail, first-class postage pIepaid, return receipt requested, to the following address: DECLARANT: RL Developments, Inc. C/O: Leonard M. Dates, Esq. 533 East Hopkins Avenue Aspen, CO 81611 (970)920-1121 Facsimile until such address is changed by notice of address change given to the Association. 88.6.16 Qperation of Snowmelt Systems. The Snowmelt Systems within the Project, serve driveways and sidewalks which are utilized in common by two (2) Lots and in the case of driveways are commonly used by Lots 2 and 3, and Lots 4 and 5, The Snowmalt Systems serving all Lots shall be set to be automatically turned on and functional at all times during seasonal periods whcn snow is expected to accumulate. 9. INSURANCE 9.1 Comprehensive General Liability and Property Insurance. 9.1,1 Comprehensive general liability and propetly damage insurance shall be purchased by the Board and shall be maintained in force at alI times, the premiums thereon to be paid by the Association as a Common Expense. If Declarant pays the premium, it shall be entitled to reimbursement from the Association. The insurance shall be carried with reputable companies authorized to do business in the State of Colorado, in such amounts as the Board may determine; the insurance carrier should have a current rating by Best's Insurance Reports of VI or better, or - a financial rating of Class VI and a general policyholder' s rating of at least A. If . 1 28 otT. 12.2001 3:55PM KAUFMAN & PETERSON NO. 0882 P 33 2 i l l 11111 lilli lilli . 1 IliLY||11111 |11 lilit lili 111 -- . 418783 06 '30/-1998 09 : 10* COVENANT DAVIS SILVI . *IJ' 38 of 50 1 251.00 0 0.00 N 0.00 PITKIN COUNTY CO the insurer docs not meet this rating requirement, the insurer must be reinsured by f a company that does have a current rating by Best's Insurance Reports of VI or better. 9.1.2 The comprehensive policy of general liability insurance shall be in force for a minimum amount as determined by the Board, but not less than One Million Dollars ($1,000,000.00) per occurrence, covering all claims for bodily injury and/or property damage arising out of a single occurrence, such coverage to include protection against liability for non-owned and hired automobiles, liability for property of others, and, if applicable, host liquor liabiliry and other risks which are customarily covered with projects similar in construction, location, and use. The policy or policies shall name as insured all of the Owners generally, the Association, each member of tho Board, the professional Management Contractor, and their respective agents and employees. Declarant shall be named as an additi:_42 insured on such policy or policies until such time as Declarant shall have conveyed all the Lots in the Project. The policy or policies as referenced in Sections 9.1.1 and 9.1.2 hereof shall insure against loss arising from perils or on in the Common Property only and in any other areas which the Association has a maintenance responsibility and shall include contractual exposures of the Association or the Board. It shall not include liability coverage for the individual Lots. 9.1.3 The policy or policies shall contain a clause conclusively establishing that the Association's policy shall be primary insurance and a "severability of interest" i clause or endorsement which shall preclude the insurer from denying a claim of an Owner or the Association because of negligent acts of the Association or other Owners. 9.2 Fire and Hazard Insurance. Fire and hazard insurance for the Common Property and Lots shall be purchased by the Board and shall thereafter be maintained in force at all times, the -premiums thereon to be paid by the Association as a Common Expense, such policy to cover all Improvements. The policy or policies shall be of a master, or blanket type with a standard all risk endorsement, and insure against loss from perils therein including broad Mform coverz-t-- '11 of the Improvements to the Common Property and Lots, except such as may be separately insured, and except land, foundation, excavation and other items normally excluded from coverage. Such policy or policies shall contain extended coverage, vandalism, and malicious mischief endorsements, and shall conclusively establish that the Association' s insurance shall be primary insurance. The Improvements to bc insured under this clause shall be continually insured to full insurable replacement i :value. If reasonably available, the policy or policies shall contain a stipulated amount clause, or determinable cash adjustment clause, or similar clause to permit a cash settlement covering specified value in the event of destruction and a decision not to rebuild. The policy or policies shall name as insured the Association, the Declarant for so long as 29 t OCT 12 2001 3~55PM KAUFMAN & PETERSON NO.0882 P. 34 Illilll lilli 11Illl lillil91 IU'Illilill Ill lilli lili lili 4.4- 418783 06/39Â£1998 09: 10A COVENANT DAVIS SILVI 39 of 50 R 251.00 0 0.00 N 0.00 PITKIN COUNTY CO ,1-0 na,â€¢larinr chall niwn ,nv T n, th,0, flwn,rc anrl thpir ]Vrort,Yagees. The nolicv Or nolicies 11 f J i . t 1 1 ' ~- $. - / 2.- Â£061,7 '14 * "* . ./4, ./AA')/it' **48 1...11'1981 1 6692-636(046) X721 1'1,92-Â£26(046) TE:19-826(02.6):1 :Â· I...:Â·ul:/I Â· 00[Â¥30)3(00 WadSÂ¥ - - 0 . imN. li :*2#im,H... :11... 9 I9 IG â€¢ OpeloTOO â€¢ @0811Â¥A GEBUIALOUS A=00--apR L#;~;j'.~i~f '0: .lip~wi 9. 8-to I @ling . PROM e2pliqpoold iamorl 92 * 0 2283--0 133%[O HOONVM 1 '- 2 0 - .# .61...1 4 -0 .. .. .:ii~E!: i; i:*'i{!im . 1 , >~~i:~:Â·.il?:~* Â·:4~ik:~El::41 .Â· 8 107 HaISHWD 2*2~ *RE M - A f Sek-=>......... ..:.:.'..ls:Ir ... im'*&. P'*1.D. 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I' $ I. 1 i 4 . 1% .1lt \ ..I . , . 6 .6 L RE ..m * 8 4 4 4141" 46 4 43 2. 410 +11 98 1 0 1Â§ 1Â§ Â§ N g. -N-@ R ..00,0 I .0 .0 52 FOâ€¢10 0 h /02 1 - L ..2 6*Zooz,gg A TGrAL CONCEPT DeSIGN FIRM * M + m M -9 2 - MI ROBERT TROWN & ASSOCIATES 1 #Appy, . = - b'.'74* J:-' , - ~-ely 3%5:%"5 â€¢ \ BAS> / CLUBSIDE LOT 8 ~3 *EAH 4-4. r Al: 2:",5 V....... -7...9 9 N .. r C,.. 1 :!i: .. MAROON CREEK Â·~ ~ 4/* Eii zii~L 111 1 11 25 Lower Woodbridge Road â€¢ Suite 104-B Snowmass Village â€¢ Colorado â€¢ 81615 Ae * Â¤ * 'r 1 9of'r ASPEN, COl[ORADO . 11 1-4*"#mima T:(970)923-6131 (970)923-2644 FAX:(970)923-2599 '-, F' .*i~Â§#il!~:;i !!~!tii!1/1 722.8 * ~li!: .E}iÂ·*#I I 64'4 1,- 41 0 e 4'01'92(31 f<%-* )/V// 4 , 1 , m--- --U . =G . .. O*209Â¥+49 12999-4 8 I 2053 0 -