HomeMy WebLinkAboutLanduse Case.CO.1283 Snowbunny Ln.A03-02
CASE NUMBER
PARCEL In #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A039-02
2735-122-08Bp
1283 & 1285 Snowbunny Lane Condominiumization
1 ~83 & 1285 Cemetery Lane
James Lindt
Condominiumization
Daniel George
1/10/03
Approved- Plat Record
1/10/03
J. Lindt
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130 S. Galena SI.
Aspen CO 81611
(970) 920-5090
(970) 920-5439, fax
Asp~n/Pitkin
Coml;l1unity
Development
Depa'rtment
Fax
To: Daniel George From: James Lindt
Fax: 925-1793 Pages:
Phone: Date: 4/23/02
Re: Condominium Plat Comments CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
. Comments:
Hi Daniel,
Please find attached the necessary changes that have to be made by the surveyor. After the surveyor
makes the necessary changes, please have 2 mylar copies made and obtain all of the appropriate
signature on them with the exception of the Community Development Engineer, Community
Development Director, and the Pitkin County Clerk and Recorder and retum the plats to our office. If
you have any questions, please call me at 920-5095.
Thank You,
James Lindt
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MEMORANDUM
To: Daniel George
From: James Lindt, Planner ~ L--
Date: April 22, 2002
Re: 1283 and 1285 Snowbunny Lane Condominium Map-
Community Development Department's Comments
1. Indicate what areas are to be designated as Limited and General
Common Elements.
2. Include Vicinity Map.
3. Indicate Zone District.
4. Survey must be updated within the last year.
5. Show snow and trash storage areas.
6. All of the Community Development Engineer's Comments must be
reflected on the final set of two mylar plats in addition to the
Community Development Department's comments.
7. Obtain all signatures with the exception of the City Community
Development Director, Community Development Engineer, and
Pitkin County Clerk and Recorder prior to submitting mylars to
Community Development Department.
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From: John Niewoehner
City of Aspen Co
Phone: 920-510
o ItY D"elo,meo' Eo,ioee,
-~~jOhnn@Ci.aspen.co. us
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To: James Lindt
THE CITY OF ASPEN
Date: April 22, 2002
RE: Lot 13, Block 1, Snow Bunnv Subdivision Condominiums
I have identified the following shortcomings of the condominium plat in addition to
your comments:
1. The bearings must read clockwise around the parcel.
2. Basis of Bearings: Survey must be tied to a government monument
system.
3. What is the property monument on the southeast corner of the
property? Why isn't the monument on the property corner? If
necessary, re-set the monument on the property corner.
4. Provide building ties.
5. Identify or remove line that bisects northeast property line and
driveway.
6. Fix typo Surveyor's Certificate to show correct date.
Johnn>D:/JohnN/condoplat-snowbunny
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NEILEY & ALDER
ATTORNEYS
.kP1,.,e Reply To
201 Nodh M;l1 Sheet, Suite 102
Aspen, Colorado 81611
(970) 925-9393
Fax (970) 925-9396
Richard Y. Neiley, Jr.
Eugene M. Alder
o please Reply To
6800 Highway 82, Suite I, Upper Level
OlenwDod Springs, Colorado 81601
(970) 928-9393
Fax (970) 928-9399
January 8, 2003
VIA HAND DELIVERY
Mr. James Lindt
AspenlPitkin County Community Development
130 South Galena Street
Aspen, CO 81611
Re: Lot 13, Block I, Snowbunny Subdivision Condominium Plat
Dear James:
I am delivering herewith a fully executed, original mylar for the above-referenced
condominiumization along with two copies of the Plat and a copy of the executed Condominium
Declaration. My client, Dan George, submitted a draft Plat to you in April of 2002. The changes
required in your memo of April 23, 2002 have been completed. A copy of your memo is enclosed
herewith.
My client is anxious to complete the condominiumization. Would you please let me
know when the City Clerk will be recording the Plat so I can coordinate the recordation of the
Declaration. Our check in the amount of $11.00 to cover the cost of recording the Plat is also
enclosed herewith.
Very truly yours,
EY & ALDER
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ichard Y. Neiley, Jr.
RYN/agk
Enclosures
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. APR-23-2002 TUE [Jq: 57 AM '
FAX NO.
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P. 01/03
130 S. G81~n<) St
Aspe" CO CHi 11 {
(,)70) 9205090
(970) 920-5139. fdX "7
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Fax
To:
Daniel George
From: James Lindt
Fax:
925-1793
Pages:
PhonlJ:
Date: 4/23/02
Condominium Plat
cc:
's' PJeas~fin<!. atlached the necessary changes that have to be mFd~ b'llh~sufVeyor.. After the sUlveyor
JTl<jkes ,the necessary changes'J'.lfeas~ have 2 mylar copies made and'obtain an 'of the appropriate
signature on them with the excepti<:>nof the Community Development Engineer, Community
Development Director. and the Pitkin County Clerk and Record0~ and return the plats to our office. If
you have any queslions, please call me at 920:5095.
Thank You,
James Lindt
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. ,,,Jf\;>}.2002 rUE 09: 58 AM
FoX
P. 03/0J
To: James Undt
From: John Niewoehne~~
City of Aspen Co I u ity Development Engineer
Phone: 920-510 : lrTl ': johnn@ci.aspenco.us
Date: April 22, 2002 \J
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THE eny or ASPEN
----.--
RE: Lot 13, Block 1, Snow Bunnv Subdivision Condominiums
I have identified the following shortcomings of the condominium plat in addition to
your comments:
1. The bearings must read clockwise around th" mm~pl
2. Basis of Bearings: Survey must be tied to a government monument
system. . .,.,',"::i;':>,,>::'\'::B/~.j:~fr)*~~'::~~'7':~~~0\:'.'" .,.:,:,........ , ::<. "',"::'};i~h'~/"100:~:t",,:"i.,, ""',,.:
3. What is the property monument on the southeast corner of the
~. .""propertY?' Why isn't the monUment on the property corner? If
"""'J'1,~':f; n~~ll~ary,. re-set. th~m\>rupe.~t on the property corner... .... .
4.. .. ProvIde bUilding bes. . . .... ,,' # J""""'~'N..J4~J .... .' ..... .'
.JJ~ 5:~W~f"ld~ritiry ortemove line'thar6ise'Cisnortheasrp'':~p~rtY.line'and .
d n veway. , ' .' .' "':i,\f;i~".tf1:S',;,:!it;:;~'~)'J;::::<:';:<':"-,,:,,':,:S,'?: :Y--~"i:%~;~t:~~1~~~j,~i:b~V;Y;~;,;);:~t\;A;'!;:'{:;;{;:~~!S;::-~;j~!f;:}i<::;;':'>:';-<::;X\L~:' ; "YJ~t's:;;%i?%;,;;' _,' ':/;'1' ~.?;,:,
6. Fix typo Surveyor's Certificate tei show correct date. .
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,T APR~23-'20b2TUE09:58AMqfj
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FAX NO.
P. 02/03
MEMORANDUM
To;
Daniel George
From:
James Lindt, Planner ~ L-
Date:
April 22, 2002
Re:
1283 and 1285 Snowbunny Lane Condominium Map-
Community Development Department's Comments
I. Indicate what areas are to be designated as Limited and General
Common Elements.
2. Include Vicinity Map.
3. . lndicate Zone District. .. ."'''' . ..
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~i'6; ; "11l()fr~~;;Cl)fumil~i~:f)evelopmerifEngineer;s Comril~nts must be ',' '.
"': :'bted~o'~" , "fj"a{sefoftwo m lar lats iriaddition 'to'the .
t~.q~:'"i~.\.;.~.iJ1J-'iIi'll'!}~''c'':''''' .' y ~...,,., _ .., .. ,
;';~c,~~.;,~C~~~~'~~J~J:~~o:t:'~~nt De~artme~t s.~()~el)ts. .;.. ;'.::5, " . ...'
." 7:"/' Ol5!aiitlilI"slgnatures WIth the exception of the CIty Commumty
. Devetopment Director, Community Development Engineer, and
." .. ~itkin County Clerk and Recorder prior to, submitting mylars to
:So~~~.~~f~D~~~lopme,nt Depart~,!&;:,:,::'i";;:':<' .' ,... ,"\"~:lo~,:~i:;;;':F:'C:$'i'J""';. '.
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DECLARA TION
FOR
LOT 13, BLOCK I, SNOWBUNNY SUBDIVISION CONDOMINIUMS
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS:
A. DANIELR. GEORGE and JACQUELINE S. ROSEN, hereinafter collectively called
"Declarant," are the owners of an improved parcel of real property situated in the City of Aspen,
Pitkin County, Colorado, described as follows:
Lot 13, Block I,
SNOWBUNNY SUBDIVISION,
County of Pitkin,
State of Colorado.
(hereinafter referred to as the "Real Property") and also known as Lot 13, Block I, Snowbunny
Condoniirii-ums ltlle"l<Cimdominiuni Units") and also known by the street address of 1283 and 1285
SnowbunnyLane; Aspen, Colorado 81611. .,', .
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B. The above~described propertY is pre'sently developed with the reside~ti!u i~provements
as depicted on the Condominium Map of Lot 13? Block 1, Snowbunny Subdivish-m Condominiums.
C" Declarant desires to create a condominium project of the Real Property under the
CondominiirinOWnel:ship Act of the State of Colorado (C.R.S. 9 38-33-101, et seq.), and to establish
thereby a plan for the ownership in fee simple of real property estates consisting of the area or space
contained in each of the "Units" as hereinafter defined, and the ownership by one or more of the
individual and separate owners thereof, as tenants in common, of all of the remaining real property
hereinafter defmed and referred to as the "Common Elements."
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I. DEFINITIONS Unless the context shall expressly provide otherwise, the
following definitions shall apply:
(a) "Unit" and/or "Condominium Unit" means the individual air space
contained within. the interior surfaces of the perimet. e... r.walls,.flo. ors, ce.l'lings, windows,. doors and
built-in fireplaces, if any, of each of the residences located in the Dupjexslt-liJlte,ron the Real
Property, together with all fixtures and improvements therein contained, including balconies and
decks appurtenant to each Unit and including the undivided interests in the Common Elements
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appurtenant to such Unit, but not including anyofthe structural components of such building within
a Unit, which Units are shown on the Condominium Plat and identified thereon as Unit I and Unit
2_
(b) "Owner" means the person or persons or entity or entities, including
Declarant, who owns tee simple title to a Condominium Unit. The term Owner shall not include the
owner or owners of any lesser estate or interest.
(C) "Mortgage" means any mortgage, deed of trust, or other security
instrument by which a Condominium Unit or any part thereof is encumbered.
(d) "Mortgagee" means any person or entity named as the mortgagee or
beneficiary under any mortgage or deed of trust which encumbers the interest of any Owner.
(e) "Condominium Plat" means the Condominium Plat for Lot 13
Snowbunny Condominiums filed in the records in the office of the Clerk and Recorder of Pitkin
County, Colorado_ The Condominium Plat is recorded in Plat Book _ at Page _ as
Reception Number of the Records of the Clerk and Recorder of Pitkin County, Colorado.
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(f) "Coffill1on Elements" means: (i) all of the Real Property; (ii) the
founaiitiol1s, columns, girders, beams, suppOrts, main walls, roofs and crawlspaces contained in each
of the building improvements vvhich ~~thesubject of this Declaration, and the "party wall" dividing
Units 1 and 2 as shown on the .Condominium Plat; and (iii) the installations in such building
consisting of the equipment and materials making up the central servicessuch as tanks, pumps,
motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold \Vater, heating, ventilating
and air conditioning and, in general, all apparatus and installations existing for common use, if any
(but excluding all mechanical systems and equipment serving only one Unit). None of the Common
Elements may be conveyed to a person Or entity other than a CondominiUlll Unit Owner.
. . . (g) "General Common Elements" means all Common Elements except
Lilllited Common Elements, as hereinafter defined, and specifically including the common driveway.
None of the General Common Elements may be allocated subsequently as Limited Common
Elements, without the written consent of all Owners.
(h) "Limited Common F:lempnts" means the portions of the Common
Elements designated herein or on the Condominium Plat for the exclusive use of the Owner or
Owners of a Condominium Unit or Units.
Th.ep()ifi()ns ofthe'Re~lP'r~perty designated on the Condominium Plat, "Unit I;" and
the Limited Common Elements appurtenant thereto, are hereby designated for the exclusive use of
the Owner of CondominiumUniLl-. The portions of the Real Property designated on the
Condominium Plat, "Unit 2," and the Limited Common Elements appurtenant thereto, are hereby
designated for the exclusive use ofthe Owner of Condominium Unit 2.
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(i) "ReaIPropert)'" means: .the real property situated in the City of Aspen,
Pitkin County, Colorado, described in Exhibit "A" appended hereto.
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G) "Pro.ject" means the Real Property and all buildings and o.ther
improvements no.w o.r hereafter Io.cated on the Real Property, and all rights, easements and
appurtenances belo.nging thereto..
(k) "Managing Agent" means the person o.r entity that is selected and
appo.inted by the Owners o.fthe Condominium Units pursuant to. the provisio.ns o.fparagraph II o.f
this Declaratio.n.
2. DIVISION INTO CONDOMINIUM UNITS. The Project is hereby divided into.
two. (2) co.ndo.minium units, which units may no.t be further divided into. additio.nal units, each
co.nsisting o.f a separate fee simple estate in a particular Co.ndo.minium Unit and the fo.llo.wing
described appurtenant undivided fee simple interests in the Co.mmo.n Elements:
(a) Real Property Co.mmo.n Elements:
Unit 1
Unit 2
50%
50%
(b) Co.mmo.n Elements:
. "U~it1
Unit 2
. 50%
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Each owner shall Qwnhi.sappurtenant undiVIded mterests ill the Co.mmon Elements as a tenant III
co.mmo.n with the owner o.r Owners also. o.wning an interest in such Co.mmo.n Elements. Each
Owner shall have a 50% interest in the flo.o.r area ratio. applicable to. the Real Pro.perty as a who.le.
. 3...1NSEPARABTLITY OF A UNIT. Each Unitand the undivided interests in the
Elements appurtenant thereto. shall be inseparable and may be co.nveyed, leased,
encumbered, deviseqQr inherited o.nly as a Co.ndo.minium Unit.
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4. DESCRIPTION OFA CO'NDOMtNIuM: UNIT. Every deed, lease, mo.rtgage,
trust deed, will, o.r o.ther il1stnunent may legally describe a Co.ndo.minium Unit by its identifying Unit
number, fo.lIo.wed by <'Lo.t 13 Sno.wbunny Co.ndo.miniums," with further reference to. the reco.rded
Declaratio.n and Plat. Fo.r example "Unit 1, Lo.t 13 Sno.wbunny Co.ndo.miniums, according to. the Plat
reco.rded in Plat Bo.o.k at Page and subject to. the Declaratio.n fo.r Lo.t 13
Sno.wbunnyCo.ndo.miniums reco.rded as Receptio.n No.. o.fthe Reco.rds o.fthe Clerk
and Reco.rde~ o.f Pitkill. (;o.unty, Co.l?rado.. .. Every s~ch descriptio.n shall be deemed go.o.d and
sufficienf fo.r all purpo.Ses 10. sell, co.nvey; transfer,'ericumber o.r o.therwise affect not o.nly the Unit,
but also. the General Co.mmo.n Elements and the Limited Co.mmo.n Elements appurtenant thereto..
Each such descriptio.n shall be co.nstrued to. include the right to. the use o.f the Limited Co.mmo.n
Elements appurtenant thereto. to. the exclusio.n o.f all third parties no.t lawfully entitled to. use the
same.
5. SEPARATE ASSESSMENT ANDtAXA.TION - NOTIcET6ASSESSOR.
Declarant shall give written no.tice to. the assesso.r o.fPitkin Co.unty, Co.lo.rado., o.fthe o.peratio.n o.f
co.ndo.minium o.wnership o.fthis property, as is pro.vided by law, so. that eaeh Unit and the interests
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appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and
taxation.
6_ ]TffL A Condominium Unit may be held and owned by more than onc person
as joint tenants or as tenants in common, or in any real property tenancy relationship recognized
under the laws of Colorado_
7. NONPARTITIONABILITY OF COMMON ELEMENTS. The Common
Elements shall be owned in common by the Owners as herein provided, and there shall beno judicial
or other partition 0 f the Common Elements or any part thereo f, nor shall any Owner bring any action
seeking partition thereo f
8. USE OF UNITS: GENERAL AND LIMITED COMMON ELEMENTS
(a) Each Owner shall be entitled to exclusive ownership and possession of
his Unit Each Owner may use the General and Limited Common Elements in accordance with the
purpose for which they are intended, without hindering or encroaching upon the lawful rights of the
other Owner. No Owner shall obstruct that portion of the driveway designated as a General
Common Element on the Condominium Plat or otherwise hinder another Owner's access to his
(b) The identifies the to each Unit as
a Limited Common Element Each shall be solely for maintaining such
0\\'l1~r'sXardil1g60d condition andrepair. , Owner shall all necessary mowing,
planting, prutrlngand other landscaping so as to maintain the exterior appelirance. of the yard as.
viewable from the public road and the other Unit in an attractive, well-maintained condition. In the
event proper yard care is not maintlline<! With respect to either or both yards, the managing agent may
give notice of necessary maintenance and, if such maintenance is not promptly performed, the
Il1anaging agent may undertake su(;h maintenance at the cost of such OWner.
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9. EASEMENTS FOR ENCROACHMENTS_ If any portion of the Common
Elements now or hereafter encroaches upon a Unit, a valid easement for the encroachment and for
its maintenance so long as it stands, sha.lland does exist If any portion of a Unit now or hereafter
encroaches upon the Common Elements or upon an adjoining Unit, a valid easement for the
encroachment and for its maintenance so long as it stands, shall and does exist For title or other
purposes; such encroachment and easements shall not be considered or determined to be
encumbrances either on Common Elements or the Units.
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10. TERMINATION OF MECHANIC'S LIEN RIGHTSANb rNDEMNIFICA-.
TION. No labor performed or materials furnished and incorporated in a Condominium Unit with the
consent or at the request of the Owner thereof or his agent or his contractor or subcontractor shall
be the basis for the filing against the C::ondominium Unit Owner not expressly consenting to or
requesting the same, or against the interest in.the Common Elements owned by any other Owner.
Each Owner,shall indemnify and hold harmless each of the other. Owners from and against all
liability arising from the claim of any Ii'en against the Condominium Unit of any other Owner or
against the Common Elements for construction performed or for labor, materials, services, or other
product~il1corporated in or otherwise attributable to the Owner's Condominium Unit at such'
Owner's request
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II. ADMINISTRATIQNANI?J\{t\NAGEMENT.
(a) Administration. The administration of the Project shall be governed by
this Declaration and all duly adopted amendments thereto or supplements thereof and any Bylaws
adopted by the Declarant or the Owncrs. Each Owner shall manage his own Condominium Unit,
and the Limitcd Common Elements appurtcnant thcrcto and the General Common Elements and the
business and affairs of the Project shall bc governed arid managed jointly by thc Owners unless the
Owners of Units ] and 2 mutually agrec upon thc appointment of a Managing Agent to administer
both such Condominium Units and the Common Elements as set forth further herein. Notices of
Appointment of the Managing Agent by the Owners of Units I and 2 hereunder shall be placed of
record insofar as required by law. The initial Managing Agent of such Condominium Units and the
Project shall be Declarant.
(b) Dispute Resolution. In the event the Owners of Units ] and 2 are unable
to mutually agree upon any matter related to the use, management, repair or replacement of any
General Common Element or the business and affairs of the Project, they shall jointly appoint a
mutually acceptable thil'd party who shall be authorized to make a binding decision resolving such
dispute. The appointment of the third party shall be in writing which shall identify the dispute
bet"",een the Owners. ~4Fequest a fonnaI written resolution thereof. Any costs incurred in
cOnnection with such dispute resolution shall be deemed a cost of management ofthe Project payable
equally by the parties and subject to assessment as setfort,h it1 this Declaration. If the parties cannot
agree upon an acceptable third flllI1:y to resolve any dispute, the third party shall be appointed by a
judge of the Pitkin County District Court, upon application, of either Owner. The costs associated
with seeking the appointment of the third party for dispute resolution shall be deemed a cost of
management of the Project, payable equally by the parties and subject to assessment as set forth in
this Declaration.
(c) Management Agreement. Until the sale of both Units, Declarant shall
act as Managing Agent. Upon sale of both Units Declarant shall cease to act as Managing Agent and
the Owners of Units I and 2 may vote to appoint a new Managing Agent as provided herein. The
Owners may enter into a management agreement (the "Agreement") with a Managing Agent which
shall provide for the management of the Project. The Agreement Can be renewable for additional
periods at the discretion of the Owners. Each Owner, his successor and assigns, shall be bound by
the Agreement for the purposes therein expressed, including but not limited to: (i) Adopting,
ratif'ying, confinning, and consenting to the execution of the Agreement by the Owners, and (ii)
covenanting and promising to perfonn each and every one of the covenants, promises, and
undertakings to be perfonned by Owners as provided in the Agreement.
(d) Association. The Owners may establish an Association to manage the
Common Elements, to be appointed as attorney-in-fact for condemnation or obsolescence pmposes
or for such other purposes and functions as the Owners deem desirable or appropriate. The
Association may, but need not, be a Colorado not-for-profit corporation. If established, the
Association shall be governe'dby Bylaws approved by the Owners. In the event of the establishment
of an Association, all Owners shall automatically become members thereof.
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12.
EMERGENCIES.
RESERVATION FOR ACCESS - MAINTENANCE. REPAfR AND
(a) The Owners shall have the irrevoeahle right to have access to each Unit
from time to time during reasonable hours as may be necessary for the inspection, maintenance,
repair or replacement of any of the General Common Elements or for making emergency repairs
necessary to prevent dam?ge to the General or Limited Common Elements or to another Unit or
Units.
(b) Damage to the interior of any part 0 fa Unit resulting from mai ntenance,
repair, emergency repair or replacement of any of the General or Limited Common Elements or as
a result of emergency repairs within a Unit at the instance of another Unit Owner shall be a Common
Expense of all of the Owners of Units having an interest in such General Common Elements;
provided, however, that if such damage is the result ofthe negligence of a Unit Owner, then such
Unit Owner shall be responsible for all of such damage.
13. OWNERS' MAINTENANCE AND REPAIR RESPONSIBILITY.
(a) For purposes of maintenance, repair, alteration and remodeling, an Owner
shall be de~~~~? ()~~d to be responsible for the exterior surfaces of such Owner's Unit and the
'Limited COnm1j)D,j:;lements assigned thereto, and the windows, doors, interiornon-supporting walls,
materials, ceilings and floors within the Unit. An Owner shall not be deemed to own any utilities
running through his Unit which serve more than one Unit except as a tenant in common with the
adjoining Uni~ Owner. Such obligation and right to repair, alter and remodel shall carry the
obligation to replace any exterior finishing materials removed with similar or other types or kinds
of finishing materials of equal or better quality, and to maintain the Limited Common Elements
appurtenant thereto in good condition and repair and in a neat and clean condition, Any material
. alteration, remodeling or refinishing of the exterior of Units I and 2 or Common Elements shall
require the prior mutual consent and approval of the Owners of both Units.
(b) An Owner shall maintain and keep the interior of his own Unit and the
Limited Coriii-rion Elements All fixtures and equipment installed within the Unit commencing at a
point where the utility lines, pipes, wires, conduits or systems enter the Unit shall be maintained and
kept in repair by the Owner thereof.
(c) No Owner may create obnoxious noise or activities or unsightly
appearances including trash, abandoned vehicles or TV antennae or similar activities that wou Id
adversely affect the enjoyment or value. of the other Unit. Declarant may from time to time adopt
and amend Rules and Regulations asfuay be necessary for the operation of the 'Project with regard
to matters not otherwise specifically addressed herein. After sale of both Units by Declarant, the
Owners may, by mutual agreement, from time to time adopt and amend Rules and Regulations
governing the operation ofthe Project with regard to matters not otherwise specifically addressed
herein.
(d) The Owners shall be obligated to and shall provide for the care,
operation, management, maintenance, improvement; repair and replacement of the General Common
Elements so that such are kept in a good, clean, attractive, sanitary condition, order and repair,
including without limitation removal of snow and other materials from the General Common
6
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. ~
Elements to permit access to the Units keeping the Project safe, attractive and desirable; and making
necessary or desirable alterations, additions, betterments, or improvements to the Common Elements.
(e) The Owners, either together, or through their Managing Agent, shall be
jointly responsible for painting and/or staining the exterior of the Units, for maintaining the roof, the
exterior walls, tClllndation, parking areas and driveway, structural components, and all other areas
designated as General Common Elements. The OW/1(,'[$ (1) may obtain and pay for legal and
accounting services necessary or desirable in connection with the operation of the Project, or the
enforcement ofthis Declaration; and (2) may arrange with others to furnish lighting, heating, water,
trash collection, sewer service, and other common services.
14. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner shall
comply strictly with the provisions of this Declaration as the same may be lawfully amended from
time to time. Failure so to comply shall be grounds for an action to recover sums due and for
damages or injunctive relief or both, maintainable oy the Managing Agent or by an aggrieved Owner
or Owners.
15. REVOCATION OR AMFl'{DMENT TO DECLARATION. This Declaration
shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both
Condominiwn Units, and all of the holders of any recorded first mortgage or first priority deed of
trust covering or affecting any or all Condominium Units consent and agree to such revocation or
amendment by instnunents which shall be duly recorded.
.;.' ..<:A;j;;.;;.....+~'yi~;;(;?,,:.;2y~""'.~i.:,..:~..;... ...... ... .... ....... . ... .... .... .. ....;.. ..';""";;Yi;;.:" .......
j~~"::;;;:'::';; ;.y~:;;:';;'i6:""AS'SE'SSMEmF6R UNITS 1 AND 2 COMMON EXPENSES.
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(a) Annual Budget.
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(1) An annual budget for common expenses shall be adopted by the
Owners as hereinafter provided. Assessments shall be payable quarterly or at such greater or lesser
intervals as the Owners may mutually agree, but in no event)ess often than annually. The
assessments against each Unit shall be based upon advance estimates of cash requirements by the
O}Vl1ers to provide for the payment of all expenses growing out of or connected with the maintenance
and operation of the General Common Elements, or furnishing such utility services as shall not be
.. separately furnished and metered to the Units, which estimates may include, among other things:
(i) taxes and special assessments, until the Units are separately assessed as provided herein;
(ii) premiums for all insurance which the Owners are required or permitted to maintain,
(iii) landscaping and care of grounds, including snow removal; (iv) common lighting, heating and
\Vater charges; (v) any utility charges to the individual Condominium Units that are jointly metered;
(vi) trash collection; (vii) sewer service charges; (viii) repairs and maintenance of the General
Common Elements; (ix) security services; (x) management fees and expenses; (xi) legal and
accounting fees; (xii) any deficit remaining from a previous period; (xiii) the creation of a reasonable
contingency reserve, surplus and/or sinking fund; and, (xiv) any other expenses and liabilities which
may be incurred within the Project for the benefit of the Owners under or by reason of this
Declaration. All expenses will b.e.flssessed to the Units, as determined by the Owners in accordance
with applicable guidelines asset out in this Declaration.
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(2)AI1nuallyit shall be the responsibility of the Owners to establish
and adopt an operating budget for the fiscal year. The budget shflll be estimated based on the
7
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previous year's budget and projected expenses for the coming year. The budget shall provide for the
allocation of any surplus funds remaining trom any prior budget period and wi II identify and set apart
those expenses which are to be borne by the Owners ofthe Units. The Owners shall jointly adopt the
annual budget In the event the Owners are unable to agree upon the proposed budget, the last
budget ratified by the Owners must be continued until such time as the Owners ratify a subsequent
budget or enter into mediation to resolve the issue as further provided herein. The obligation to
establish and adopt the operating budget may be delegated to the Managing Agent subject to the right
of the Owners to review and adopt or reJcct the budget
(3) The Owners of Units I and 2 shall be obligated to pay the
assessments to meet the Common Expenses incurred in connection with such Units. The
assessments shall be evenly divided between the Owner of Unit I and the Owner of Unit 2.
Assessments for the estimated Common Expenses, including all insurance except liability, shall be
due as contracted for with the insurance company. The Managing Agent or other Owner incurring
the cost shall prepare and deliver or mail to each Owner an itemized statement showing the various
estimated or actual expenses for which the assessments are made.
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(4) Any amount accumulated in excess of the amount required for
annual expenses and reserves shall be credited according to each Owner's percentage of ownership
ill the Cl?I11I,11;9nJ;;!~~$:IlH.J8.th~ nextinstalhn~l1t~...g{!$fr()W the Owners under the current year's
estimate, until e){hausted, and anY net shortage shall be added, according to each Owner's percentage
of ownership itrtJ1e COmmon Elements, to the next two. installments due after rendering of the
accountil1g.H()"Y~y~r,ift>lldgeted, such excesses may serve to fund a reasonable reserve for
contin~encies~liii~fepl'ac~Il1~~ts.E~traordinary expenditures not originally included in the annual
{budget whlcl;iillayliecbinenecessary dllring the year shall be charged first against such reserve. If
said annualt>udg~t p~oYesinadequate for any reason, including nonpayment of any Owner's regular
or special as~e~s~.~nt, the ()wners may at anytime levy a further assessment, which shall be assessed
to the Owners acc()rcfingio eachOwner' s percentage of ownership in the Common Elements. Notice
.. of such further assessment .shall be served on all Owners by a statement in writing giving the amount
and reasons therefor, and such further assessment shall become effective with the next payment
wnich is due with the schedule of payment established by the Owners.
(5) In addition to theothe~provisions of this Declaration, the Owners
(or the Managing Agent acting for and on behalf of the Owners) shall maintain copies of the budget,
and accurate books and records of receipt, expenditures, assets, and liabilities of each of the Owners,
and the same shall be open for inspection by the Owners required to pay Assessments dllring any
financial report period for which inspection is sought, or any representative of such Owner duly
authorized in writing, at such reasonable .time or times during normal business h()ll!s~s may be
requested by such Owner.' .
(6) All funds collected hereunder shall be held in an account
designated for such purpose and shall be expended solely for the purposes designated herein, and
shall be deemed to be held in trust for the benefit, use arid account ofthe Owners.
(7) Assessments for reasonable actual Common Expenses may be
made, by the Managing Agent, or an Owner incurring the same, among other things, for the
following: driveway maintenance including snow plowing, approved expenses for management;
taxes and special assessments, until separately assessed; fire insurance with extended coverage and
8
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vandalism and malicious mischiefinsurance with endorscmcnts attached issued in the amount of the
maximum replacement value of Units ] and 2; casualty and other insurance premiums; landscaping
and care of General Common Elements; commo!) electrical, water, gas and sewer charges unless and
until any or all of the above arc separately metered; repairs and renovations; garbage collections;
wages; legal and accounting fees; management fees; expenses and liabilities incurred by the
Managing Agent or other Owner under or by reason of this Declaration; the payment of any deficit
remaining from a previous period; the creation of a reasonable contingency or other reserve or
sUlplus fund as well as other costs and expenses relating to the appurtenant Common Elemcnts_ The
omission or failure o[the Managing Agent to fix the assessment for any quarter shall not be deemed
a waiver, modification or a release o[the subject Owner from their obligation to pay_
(b) Special Assessments. A special assessment is any assessment that is not
levied pursuant to an approved budget The Owners may levy one or more special assessments to
provide, for the renovation, repair or replacement, to the extent not eovered by insurance, or to
provide for extraordinary maintenance, if they determine, to the General Common Elements.
Owners shall ratify, by mutual agreement, any special assessment using the procedures set forth
above as if the special assessment proposal were an annual budget, except to the extent a special
assessm.ent is necessary or appropriate for repair or replacement to the extent of an uninsured
casualty or loss by condemnation as provided by the Act and except as necessary for emergency
repairs, or except as necessary to assess against an Owner the expenses caused by such Owner.
SpeCial. As. sessm.ents levied for rQoJ repair or replacement shall be kept in a fund for that purpose.
.. .. ..................:"',."......."..."'..,,..'........-....'......-.......................'..:...,...:.:"......... .,..'.......-.....
Such fund may be established in advaI1ce of such expenditures. .
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>'<<'i.U;lT ;INS1J!tA.NCE: Uponthesale of both Units by Declarant, one policy of public
liabilityinsuiance covering all of the General Common Elements shall be purchased and maintained
in ~rfe~tat a.Ilti01.e~ by the Owners. of both of the Condominium Units, in an amount deemed
appropnateoysuch'Owners, and its cost shall be shared in accordance with such Owners' respective
undivided interests in the Rl':al Property Common Elements. Fire, casualty and extended coverage
insuraI1ce shall be the sole responsibility of the Owners of Units 1 and 2 (or thl': Managing Agent as
aboveprovidl':d) with respect to Units 1 and 2. Insurance coverage on the furnishings, additions and
improvements incolporated into a Unit and all items of personal property belonging to an Owner,
and casualty and public liability insurance coverage within each undivided Unit and those Limited
Common Elements reserved for the exclusive use of a particular Unit Owner shall be the sole
responsibility of such Owner. Prior to the sale of both Units by Declarant, Declarant may maintain
"builders risk" insurance on any Unit owned by Declarant, and the Owner of the other Unit shall
maintain separate homeowners insurance on his Unit.
18. OWNER'S PERSONAL OBLIGATION FOR PAYMENT OF ASSESS-
MENTS. The artlollrit of the Commoff'Expenses assessed against or incurred on accoUl1t of 11
Condominium Unit shall be the personal and individual debt of such Owner. Suit to recover a
money judgment for unpaid Common Expenses shall be maintainable by the Managing Agent, or
any aggrieved Owner without foreclosure or waiving the lien securing it. No Owner may be exempt
from liability for contribution towards thl':Common Expenses by Waiver of the use or enjoyment
of any of the Common Elements or by abandonment of any Unit.
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19. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due or
unpaid for the share of Common Expenses chargeable to Condominium Units 1 and 2, shall include
9
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interest at fifteen percent (15%) per annum and shall constitute a lien on the Unit superior to all other
liens and encumbrances except:
assessing cntity; and
(a) Tax and special assessment liens on the Unit in I~lvor of any valid
(b) All sums unpaid on an obligation secured by a first mortgage or first deed
of trust of recore!, including all unpaid obligatory sums as may be provided by such encumbrance,
including <,dditional advances, refinance or extension of these obligations made prior to the
assessment lien.
To evidence such lien, the aggrieved Owner or Managing Agent shall prepare a
writtcn notice setting forth the amount of the unpaid indebtedness, the name of the defaulting Owner
of the Condominium Unit and a description of the Condominium Unit Such a notice shall be signed
by the aggrieved Owner or the Managing Agent, as appropriate, and may be recorded in the office
ofthe Clerk and Recorder of Pitkin County, Colorado. Such lien for the Common Expenses shall
attach from the date of the failure of payment of the debt, and may be enforced by foreclosure on the
defaulting Owner's Condominium Unit by the aggrieved Owner or the Managing Agent in like
manner as a mortgage or deed of trust on real property_ In any such foreclosure the defaulting Owner
),;i4i,t~~~;:shall be required to pay tIle S()~ts and expenses of such proceedings, the costs and expenses for filing
, , the notice or claim, of lien and all reasonable attomeys' fees. The defaulting Owner shall also be
.'!'fA'), required to pay to theror~i~~irt~pfutYa reasonable rental for the Condominium Unit during the
p~odoffor~dosur~~and th~foreRlosing party shall be entitled to areceiver to manage the Unit. The
foreclOSIng party~1ialr~a~'tli.~power to bid on the Condominium Unit at foredosure sale and to
acquire and hold, leaSe;m.ortgage and convey such Condominium Unit.
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The amountofth.e Common Expenses chargeable against Condominium Units I and
2 and the costs and expenses, induding attorneys' fees, of collection shall also be a debt of the
Owner at the time due. .Suit t().r~C()'I~~ a money judgment for unpaid Common Expenses shall be
without f()reclosinio~ waiving the lien right securing it
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Any encumbr3ncer holding a lien on Condominium Units A or B may pay any unpaid
Common Expense payable with respect to such Condominium Unit, and upon such payment such
encumbrancer shall have a lien on such Condominium Unit for the amounts paid of the same priority
as the lien for the encumbrancer's encumbrance.
20. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT.' Upon payment of a reasonable fee not to exceed one hundred dollars
($100.00) and upon the' 'Jritten request of any Owner or any Mortgagee or prospective Mortgagee
of Condominium Units A or B, the Managing Agent or the Owner shall issue a written statement
setting f?~ the a.molli!L()L!~~~~unpaid Common Expenses, if any, with respect to the subject
Condommlum Umt, the amoUnt of the current quarterly assessment and the date such assessment
becomes due, credit for advance payments or for prepaid items, including but not limited to
inSurance premiums, which shall be condusive upon the issuer of such statement in favor of all
persons who rely on it in gooq filith.
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The grante,~ ()f ,il, 9()pdolllinium Unit shall be jointly and severally liable with the
. grantor for all unpaid aSsessments of the Common Expenses up to the time of the grant or
10
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conveyance, without prejudice to the Grantee's right to recovcr from the Grantor the amounts paid
by the Grantee; provided, however, that upon payment of a rcasonable fee not to excced one hundred
($100_00) dollars, and upon written request, any prospective Grantee shall be entitled to a statement
from the Managing Agent or Owner ofthe other Condominium Unit, sctting forth the amount orthe
lmpaid assessments, if any, with respect to the subject Unit, the amount of the current quarterly
assessment and the date that such assessment becomes due, crcdit for advance paymcnts or for
prepaid items including but not limited to insurance premiums, which shall be conclusive upon the
issuer of such statemcnt. Unless such request for a statcment of indebtedness shall be complied with
within ten (J 0) days 0 f such request, then such Grantee shall no! hc liable for any unpaid assessmcnts
against the subject Unit.
21. iVlORTGAGING A CONDOMINIUM UNiT - PRIORlTY. Any Owner shall
have the right from time to time to encumber his interest by deed of trust, mortgage or other security
instrument. A first mortgage shall be one which has first and paramount priority under applicable
law. The Owner of a Condominium Unit may create junior mortgages em the following conditions:
(1) Any such junior mortgages shall be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for Common Expenses, and other obligations created
by this Declaration; (2) The Mortgagee under any junior mortgage shall.release, for the purpose of
restoration of any improvements upon the mortgage premises, all of his right, title and interest in and
to the pr?ceeds ~der all insurange policies upon the premiseswhich insurance policies were effected
and placed'upon the mortgaged premises by the Managing Agent or other Owners. Such release
shall be furnished forthwith by ajunior mortgagee upon written request of the Managing Agent or
Owners of the other Unit.
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22. ATTORNEY-IN-FACT IN CASE OF DESTRUCTION. REPAIR OR
OBSOLESCENCE. This Declaration hereby makes mandatory the irrevocable appointment of an
Attomey-in-Fac:ttodeal with Condominium Units I and 2 upon their destruction, repair or
obsolescence. .
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Title to both of such Condominium Units is declared and expressly made subject to
the terms and conditions hereof: and acceptance by any Grantee of the Attorney-in-Fact herein
provided. All of the Condominium Unit Owners irrevocably constitute and appoint the Managing
Agent, from time to time appointed pursuant to this Declaration, their true and lawful attorney in
their name, place and stead for the purpose of dealing with the property upon its destruction, repair
or onsolescence as is hereafter provided. The Attorney-in-Fact shall have full and complete
authorization, right and power to make, execute and deliver any contract, deed or any other
instrument with respect to the interest of a Condominium Unit Owner which are necessary or
appropriate. to the~xercise of the. powers herein granted: . Repair and reconstruction of the
improvements as used in the SUCCeeding paragraphs' mean restorlng.theimprovements to
substantially the same condition in which they existed prior to the damage, with each Unit and the
General and Limited Common Elements appurtenant thereto having the same vertical and horizontal
boundaries as before. The proceeds of any insurance collected shall be available to the Attorney-in-
Fact for the purpose of repair, restorationor replacement unless the Owners of Units 1 and 2 and all
first l}lOrtgagees thereon agree not to rebuild in accordance with the provisions set forth hereinafter.
(a) In the event of damage or destruction due to fire or other disaster, the
insurance proceeds, if sufficient to reconstruCt the improvements, shall be applied by the Attorney-
in-Fact to such reconstruction, and the h}lprovements shall be promptly repaired and reconstructed.
11
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The Attorney-in-Fact shall have full authority, right and power, as Attorney-in-Fact, to cause the
repair and restoration ofthe improvements.
(b) If the insurance p.rocceds are insufficient to rcpair and reconstruct the
improvements, such damage or destruction shall be promptly repaired and reconstructed by the
Attorney-in-Fact, using the proceeds of insurance and the proceeds of a special assessment to be
made against all of the Unit Owners and their Condominium Units. Such detlciency assessments
shall be a Common Expense and made pro rata according to each Owner's fractional interest in the
Common Elements, and shall be. due and payable within thirty (30) days after written notice. The
Attorney-in-Fact shall have the authorIty to cause the repairorrestoration of the improvements using
all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the
special assessment. The special assessment shall be a debt of each Owner and a lien on his
Condominium Unit and may be enforced and collected as is provided in paragraph 19. In addition,
the Attorney-in-Fact shall have the absolute right and power to sell the Condominium Unit of any
Owner refusing or failing to pay such deficiency assessment within the time provided, and ifnot so
paid, the Attorney-in-Fact shall cause to be recorded a notice that the Condominium Unit of the
delinquent Owner shall be sold by the Attorney-in-Fact. The proceeds derived from the sale of such
Condominium Unit shall be used and disbursed by the Attorney-in-Fact in the following order:
dCE'rl "ft...n<::,f: ",...rl,
(a) For payment of the balance, of the lien of any first mortgage or
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assessing
of t!!Xes and assessment liens in favor of
Expenses; and,
to the extent of their priority; and,
encumbrances in the order of and
Unit Owner.
(5) The balance remaining, if any, shall be paid to the Condominium
(c) The Owner of one of such Condominium Units may give notice to the
other Unit Owner thaUJnits I and 2 are obsolete and that the same should be renewed or
reconstructed. Ifboth Owners agree, then the expense shall be payable by both of the Owners as
Common Expenses; provided, however, that any Owner not in agreement to such renewal or
construction may give written notice to thc Attomcy-in-Fact that such Unit shall be purchased by the
. Attorney-in-Fact for fair market value. If such Owner and the Attorney-in-Fact can agree On the fair
markd value then sale shall be consummated within thirty (30) days thereafter. If the parties are
unable to agree, the date when .either party notifies the other that they are unable to agree with the
other shaJl be the"col11!l1~1.wing date" from which all periods of time shall be measured. Within ten
(10) days following the commencing date, each party shall nominate in writing, and give notice of
. sllch nomination to the ?ther party, an appraiser who shall be. a duly qualified appraiser qualified to
make appraisals of condominium and similar property in Pitkin County, Colorado. If either party
fails to make such a nomination; the appraiser nominated shall, within five (5) days after default by
the other party, appoint and associate with him another similarly quahiicd appraiser. If the two
appraisers designated by the parties, or selected as provided in the event of the default of one party,
12
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are unable to agree, they shafl appoint another similarly quali fied appraiser to be arbitrator between
them. The decision of the appraisers as to the fair market value shall be final, binding and not
subject to. appeal. The expenses and fees of the appraisers shall be borne equally by the Owners.
The sale shall be eansummated within fifteen (15) days thereafter, and the Attorney-in-Fact shall
disburse such proceeds as is pravided in subparagraph (b)(1) thraugh (5) afthis paragraph.
(d) Owners afboth Units may agree that Units I and 2 are obsalete and
should be saId. Such agreement must have the unanimous approval af every Martgagee. In such
instance, the Attarney-in-Fact shall farthwithrecard anotice setting farthsueh fact or facts, and upon
the recording of such natice by the Attorney-in-Fact, Condominium Units 1 and 2 shall be saId by
the Attarney-in-Fact far bath af the Owners, subject to all of thc provisions contained in this
Declaratian and the Plat The sales praceeds shall be appartianed among the affected Owners an the
basis af each Owner's fractianal interest in the Camman Elements, and such appartioned proceeds
shall be paid into separate aCCOunts representing each Candaminium Unit Each accaunt shall be in
the name afthe Attorney-in-Fact, and shall be further identified by specific Unit, and the name of
[he Owner. From each sep,""l>: ">:CGunl, the Attarney-in-Fad si",i1 Jisbursethe tatal amount afsuch
accaunts, withaut cantributian from one accaunt to. anather, far the same purposes and in the same
arder as pravided ill subparagraph (b)(l) thraugh (5) afthis paragraph.
23.. ATTORNEY-IN-FACT IN CASE OF CONDEMNATION. This Declaratian
mandllt(l~th.(l,,~~y;g~,lll* appaintment af an Att9111(ly-in-Fact to deal with the }>raject in the event
afits~al11l?l~teorPartial candemnatian:c,Tit1(l tab()~otthe Candominium Units is declared and
expresslymadesllbj~ct tothe tei.ms aridcanditlons l1ereaf, and acceptance by any gcantee af a deed
fram the D~c:Iar;1ii(;grfram any OwIler shalfConstifute cansent to. the appaintment af any Attarney-
in-Fact idel1tijJ~<;tpYal1 appaintment recarded)n the real estate recards af Pitkin Caunty. The
Attarney-in-F~c:riria~b(lchangedatal1Y til11ebymutual agreement afthe Owners, such change only
to. be effecffv~wiipon therecarding or i'noiice'aesignating the new Attorney-in-Fact under this
paragral'l1inthe :Pitkin Caunty, Calarada, Real Praperty records. The Attarney-in-Fact shall have
full and compleieautharizatian, right llIld power to make, execute and deliver any contract, deed or
otherinstrument with respect to the interest af a Candaminium Unit Owner which are necessary or
appropriate to. the exercise of the pawers herein granted. The initial Attarney-in-Fact shall be
appointed by mutual agreement of the UnitOwners.
(a) Conseauences af Condem1latian. If at any time during the cantinuance
of the candaminium awnership pursuant to this Declaratian, all ar any part afthe Project shall be
taken ar candemned by any public autharity ar sold ar atherwise dispased af in lieu af or in
avaidance ~(lt~~f, the fallowing provisions shall apply:
,.._--....._"".-
(2) Camplete Taking: In the event that the entire project is taken or
condemned, ar saId ar otherwise dispased af in lieu af or in avaiaance thereof, the condominium
awnership pursuant thereto. shall terminate.1be Condemnatian Award shall be appartioned amang
.. .. ...,-......'C'...... ........ " .. ", "'.'''-'''''"'''';;,''\'-''''','';*'r-""".,.=,",.,..,,,-..~~";"...,..<.-,' ,,',.'.... ......'.. ......._
the Owners On the basis afeach Owner's fractional interest in the Real Praperty Camman Elements,
provided that if ~ standard difference from th,e value of the property as a whale is emplayed to
measure the Candemnatian Award in the ne,gatiation, judicial decree, ar atherwise, then in
determining such share of the same standard shall be emplayed to. the extent it is relevant and
13
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applicable. On the basis of the principal set forth above the Attorney-in-Fact shall as soon as
0racticable determine the share of the Condemnation Award to which each Owner is entitled, Such
,
shares shall be paid into separate accounts and disbursed as soon as practicable in tbe same manner
provided in paragraph 22( d); and,
(3) Partial Taking: In the event that less than the cntire Project is
taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the
condominium ownership hereunder shall not ternlinate. Each Owner shall be entitled to a share of
the Condemnation Award to be.determinedin the following manner: As soon as practicable, the
Attorney-in-Fact shall, reasonablyan,i"IIlgood faith, allocate the Condemnation Award between
compensation, damages or other proceeds, and shall apportion the amounts so allocated among the
owners, as follows: (a) the total amount allocated to taking of or injury to the General Common
Elements, (b) the total amount allocated to severance damages shall be apportioned to those
Condominium Units which were not taken or condemned, (c) the respective amounts allocated to
the taking of or injury to a particular Unit and improvements an Owner had made within his own
Unit shall be apportioned to the particular Unit involved, and (d) the total amount allocated to
consequential damages and any other takings ofinjuries shall be apportioned as the Attorney-in-Fact
deterrnille.s. to be equitable in the circUmstances. If an allocation of the Condemnation Award is
already established in negotiation, judicial decree or otherwise, then in allocating the Condemnation
Award the^:ttorney-in- Fact shall employ such allocation to th::lCtent it is relevant and applicable.
Distribution of apportioned proceeds shall be disbursed as soon as practical in the same manner
provided in paragraph 22(d); and,
iC%1)!1;;~t"(~tl~~~~~fi~~:llith~~~~ritI~~i~nakiIlg results in the
Unit; the OWIler thereof automatically shall cease to be an Owner under this
and, ....1............. ......:..~;~:~~~v~~i~~J.1i~,;..... ...... .. '\i;Iif"i'iJt:..t,i.;;
.. .. . .... .Jl':: (5) R~c;;llstru~tion and Repair;' Any r~construction and repair
necessitated by condemnation sha:llbe govemed by the procedures specified in paragraph 22, in
which case such paragraph shall1:>e construed to apply to both Condominium Units.
24.MAILrN(rO'N<ffrcf:S:E~Ch(jwn~i'~Ii~Jr~eSist~r his mailing addres,
the other Owner and all notices or demands intended to be served upon any Owner shall be sent by
either registered or certified mail, ]:lostage prepaid, addressedinth: llaIlle of the Owner at such
registered mailing address. All notices'.or demands intended to be served upon the Owners shall be
given by registered or certified mail, postage . prepaid, to the registered address. All notices or
. demands to be served on Mortgagees sh~ll be sent by eith:rregistered or certified mail, postage
prepaid, addressed in the narrieoftJie:Mortgagee at such address as the Mortgagee may have
furnished to the'owners ihwriting. The Mortgagce must furnish its address, to be entitled to receive
notices provided for in this Declaration. Any notice referred to in this Section shall be deemed given
when deposited in the United States mail, postage prepaid.
25. PERIOD OF T()~OME OWNERSHIP'T"h~s~separate condominium estates
created by this Declaration and th:"C'onclominium Plat shallC()lltlnu:.until this Declaration is
...... revoked in the manner provided fn piu-a~aph 15 or paragraph 23 or UIltil tenninated by operation at
14
n
()
26. GENERAL.
(a) If any of the provisions of this Declaration or any paragraph, sentence,
clause, phrase or word or the application thereofis in anycircumstanees invalidated, sueh invalidity
shall not affect the validity of the remainder of this Declaration; and,
(b) The provisions ofthis Declaration shall be in addition and supplemental
to the Condominium Ownership Aet of the State of Colorado and to all other provisions of the law;
and.
(e) Whenever a dispute arises between the Owncrs rcgarding modifications
and repairs, remodels, care and maintenance of Common elements and budget matters and they are
unable to resolve the dispute between themselves within fourteen calendar days, then the Owners
shall jointly appoint a mediator and share equally in the cost of sueh mediation. The mediation,
unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within seven
(7) calendar days after the mediation commences. If the parties are unable to resolve the dispute
through mediation, they may agree to binding arbitration or thereafter either party may take such
fUl1her legal action as they deem necessary.
."..........:.: ',.',"
.. .. .......,....".,.. .. ,........ ..
,._~,.,::,,(i;:;;;:'.,'\~~I!(,,::/:;";" .0. ........ .. ';":':i~;-;:";::,',>
. ' ;~:;f~';i,<d) Whenever vsed herein, ~I~s.s..th,~context shall otherwise provide, the
smgular number.:slialt mclude the plural, the plural the smgular, and the use of shall
.. ..', .0. ;;..;;.:'."'.......,.';'."';,_'.::'.:;... ..'n,'\'~'.::;:;:....:;...._: :.. .... .. ::.....'.:,... ..,'" .:.: ....';...._,.... .....:...:.'_ ",'. .. "
include all e .,
;',;,,1;>L;;.~':,:,~'
'~?:::,:.,"s:/,:',>:/ '^'
Dated:
-::;:;':N~~',%ff
,- ;";;i,.;..,."",,,~.,;
Dated:
STATE OF
f"r.:;t: yr_",,~; "'V"'"1@(1,!t.',. I
, t f~~~';$~"~'ij?;:~ ''''''It
. ."' '~~-<n2-, /"
., AC DELINE S. ROSEN
COUNTY OF PITI<J:N
)
) S8.
)
':""'",,,:.,:,-, ":,:,,,~,;,;;,;,,,+",:~,,,";,:,~
:~r"
.,~
d this czr day of
.C-,I--
,.:......;'.
'.
.~,. My COirimllelon &lII*iI7flIllllr -'C' My Colnmls&lori &phi 7~ 5
C.:'_ _,~,,';'~'.:,
'~::":',.:""'i-';'"',~('!1':';~:_'
"",~':'0""""~",,,.$:.;"""_'.\';'>i --, '
r)
f")
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN ) ~
Subscri",;J and sworn this Declaration has been duly executed this ~ day of
December, 2002, by JACQUELINE S. ROSEN.
Witness my hand and official seal.
My commission expires: )-,;;L ~
Not
i;
16