Loading...
HomeMy WebLinkAboutcoa.lu.co.1395 Sierra Vista Dr.900 Bonita Dr.A016-031395 Sierra Vista Dr Condominiumization 2735422-09-003 A016-03 of 898f+ COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5090 City of Aspen Land Use: 1041 Deposit 1042 Flat Fee 1043 HPC 1046 Zoning and Sign Referral Fees: 1 163 City Engineer 1205 Environmental Health 1190 Housing Building Fees: 1071 Board of Appeals 1072 Building Permit 1073 Electrical Permit 1074 Energy Code Review 1075 Mechanical Permit 1076 Plan Check 1077 Plumbing Permit 1078 Reinspection 1079 Aspen Fire Other Fees: 1006 Copy 1165 Remp Fee 1303 GIS Fee 1481 Housing Cash in Lieu 1383 Open Space Cash in Lieu 1383 Park Dedication 1468 Parking Cash in Lieu 1164 School District Land Ded. I I�•i— -- --� •� "ter• ' 1 TOTAL - f r. NAME: ADDRESS/PROJECT: PHONE: CHECK# &4 CASE/PERMJT#- # OF COPIES: DATE: <-- INITIAL: l CASE NUMBER A016-03 PARCEL ID # 2735-122-09003 CASE NAME Sierra Vista - Bonita Condominiumization PROJECT ADDRESS 1395 Sierra Vista Dr/900 Bonita Dr PLANNER James Lindt CASE TYPE Condiminiumization OWNER/APPLICANT Epoch Aspen Dev REPRESENTATIVE Neiley & Alder DATE OF FINAL ACTION 3/05/03 CITY COUNCIL ACTION PZ ACTION ADMIN ACTION Plat Recorded BOA ACTION DATE CLOSED 03/10/03 BY D Driscoll 6 to PARCEL ID: 2735-122-09003 PROD ADDR:11395 Sierra Vista Dr/900 Bonita Dr 02/25/03 # COjv:-- CASE NO A016-03 "... in - PLNR: James Lindt CASE TYP: Condiminiumization STEPS: F— OWNIAPP:j Epoch Aspen Dev ADR C/S/Z: PHN: REP: Ineiley & Alder ADR: 1201 N Mill St Ste 102 C/S/Z: Aspen/CO/81611 PHN: 925-9393 FEES DUE: 5185.00 Enigeering FEES RCVD: 475.00 STAT: REFERRALS REF:F BY J DUE:I MTG DATE REV BODY PH NOTICED I F— DATE OF FINAL ACTION: /p REMARKS CITY COUNCIL: t PZ: CLOSED: �— BY: BOA: DRAC: PLAT SUBMITD: PLAT (BK,PG):l (�,41 ,71// ADMIN:� MEMORANDUM To: Richard Y. Neiley, Jr. From: James Lindt, Planner, L Date: February 26, 2003 Re: 1395 Sierra Vista Drive Condo Plat- Community Development Department's Comments Please make the following changes to the draft condominium plat: Obtain a letter of consent from the utility agency in which the five (5) foot wide utility easement benefits to allow for the pond to be maintained over the easement. 2. Label the ADU on the floor plans and change the description of the structure on the front page from "two story wood duplex with basement" to "two story wood duplex with basement and ADU". 3. Identify the designated on -site parking space for the ADU. It must not be stacked / with that of the parking spaces for the main residence. 4. Address in the Condominium Declaration which unit of the duplex that the ADU L/ is to be sold with. 5. Identify trash storage areav/ 6. Change City Engineer's signature block to be the Community Development Engineer's signature blocks/ 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 2 mylar copies to Community Development Department. ?Please Reply To 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 HAND DELIVERY NEILEY & ALDER ATTORNEYS Richard Y. Neiley, Jr. Eugene M. Alder March 3, 2003 Mr. James Lindt Aspen/Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Re: Sierra Vista - Bonita Condominiums Dear James: ❑ Please Reply To 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 Enclosed herewith are the two original mylars for the above -referenced condo- miniumization. All the changed requested in your memorandum of February 26, 2003 have been made. The mylars have been fully executed. Also enclosed is our check in the amount of $61.00 to cover the recording fees for the Plat. In accordance with our conversation of last week, I am also enclosing a copy of the original subdivision Plat for the West Aspen Subdivision. This Plat depicts the grant of utility easements on the property boundaries and contains a note regarding the establishment of the underground utility easements. Thus, there is no specific beneficiary for the easements. It is my understanding that, as a consequence, we are not required to provide a letter of consent from any utility providers in connection with the pond on the eastern corner of Lot 16. Finally, I enclose a copy of the Condominium Declaration which provides on page 1 that the ADU is appurtenant to Condominium Unit 1. Please let me know if you have any questions or comments regarding the condo- miniumization. If you would let me know when the Plat goes down to Kathy Strickland for recording, I will coordinate with her the recordation of the Condominium Declaration. Thank you for your assistance with this matter. Very truly yours, N - Y & ALDER IJ chard Y. Neiley, Jr. RYN/agk Enclosures 1 0 0 DECLARATION FOR SIERRA VISTA - BONITA CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS: A. EPOCH ASPEN DEVELOPMENT, LLC, hereinafter called "Declarant," is the owner of an improved parcel of real property situated in the City of Aspen, Pitkin County, Colorado, described as follows: Lot 16, WEST ASPEN SUBDIVISION, Filing No. 1, According to, the Plat thereof recorded September 5, 1967 in Plat Book 3 at Page 252, County of Pitkin, State of Colorado, (hereinafter referred to as the "Real Property") and also known as Sierra Vista - Bonita Condominiums, Unit 1 and Unit 2 (the "Condominium Units") and also known by the street address of 1395 Sierra Vista Drive and 900 Bonita Drive, Aspen, Colorado 81611. to wit: B. The above -described property is presently developed with the following improvements, A wood frame two (2) unit residential duplex structure, including an accessory dwelling unit appurtenant to Unit 1. C. Declarant desires to create a condominium project of the Real Property under the Condominium Ownership Act ofthe State of Colorado (C.R.S. § 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 defined and referred to as the "Common Elements." NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: 1 (a) "Unit" and/or " Condominium Unit" means the individual air space contained within the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of each of the residences located in the Duplex situated on 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 appurtenant to such Unit, but not including any of the structural components of such building within a Unit, which Units are shown on the Condominium Plat and identified thereon as Unit 1 and Unit 2. (b) "Owner" means the person or persons or entity or entities, including Declarant, who owns fee 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 Sierra Vista - Bonita 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. (f) "Common Elements" means: (i) all of the Real Property; (ii) the foundations, columns, girders, beams, supports, main walls, roofs and crawlspaces contained in each of the building improvements which are the subj ect 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 services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, 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 Condominium Unit Owner. (g) "General Common Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. None of the General Common Elements may be allocated subsequently as Limited Common Elements, without the written consent of all Owners. Care and maintenance of the General Common Elements and the costs thereof shall be the joint . responsibility of the Owners of both Units. General Common Elements shall be designated on the Condominium Plat as "GCE." (h) "Limited Common Elements" 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. The individual Unit Owners shall be responsible for the 2 care and maintenance and the costs associated with the Limited Common Elements appurtenant to each Unit. Limited Common Elements shall be designated on the Condominium Plat as "LCE." The portions of the Real Property designated on the Condominium Plat, "Unit 1," and the Limited Common Elements appurtenant thereto, are hereby designated for the exclusive use of the Owner of Condominium Unit 1. 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 of the Owner of Condominium Unit 2. (i) "Real Property" means: the real property situated in the City of Aspen, Pitkin County, Colorado, described in Exhibit "A" appended hereto. 0) "Project" means the Real Property and all buildings and other improvements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonging thereto. i (k) "Managing Agent" means the person or entity that is selected and appointed by the Owners of the Condominium Units pursuant to the provisions of paragraph 11 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. (a) The Project is hereby divided into two (2) condominium units, which units may not be further divided into additional units, each consisting of a separate fee simple estate in a particular Condominium Unit and the following described appurtenant undivided fee simple interests in the Common Elements: (1) Real Property Common Elements: Unit 1 50% Unit 2 50% (2) Common Elements: Unit 1 50% Unit 2 50% (b) At the time of the recordation of this Declaration, the total floor area ratio ("FAR") allowed for the real property equals four thousand nine hundred eighty-one (4,981) square feet. Unit 1 contains approximately two thousand five hundred twenty-four (2,524) square feet of FAR. Unit 2 contains approximately two thousand four hundred fifty-seven (2,457) square feet of FAR. Notwithstanding the equal interests in the Real Property Common Elements and the Common Elements, in the event of destruction of the improvements on the Real Property, obsolescence or other event resulting in the removal of the improvements from the Real Property, at the time of reconstruction or redevelopment, Unit 1 shall be entitled to 50.7% of available FAR, and Unit 2 shall be entitled to 49.3% of available FAR. In the event the term FAR is no longer utilized within the 3 City of Aspen, the Units shall nonetheless be entitled to utilize the percentages set forth herein for purposes of establishing the relative size of each Unit. (c) Each Owner shall own his appurtenant undivided interests in the Common Elements as a tenant in common with the Owner or Owners also owning an interest in such Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe a Condominium Unit by its identifying Unit number, followed by "Sierra Vista - Bonita Condominiums," with further reference to the recorded Declaration and Plat. For example "Unit 1, Sierra Vista - Bonita Condominiums, according to the Plat recorded in Plat Book � at Page and subject to the Declaration for Sierra Vista - Bonita Condominiums recorded as Reception No. of the Records of the Clerk and Recorder of Pitkin County, Colorado. Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit, but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the use of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the same. 5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR. Declarant shall give written notice to the assessor of Pitkin County, Colorado, of the operation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit may be held and owned by more than one 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 be no judicial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 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 rd Common Element on the Condominium Plat or otherwise hinder another Owner's access to his garage. (b) The Condominium Plat identifies the yard appurtenant to each Unit as a Limited Common Element. Each of the Owners shall be solely responsible for maintaining such Owner's yard in good condition and repair. Each Owner shall perform all necessary mowing, planting, pruning and other landscaping so as to maintain the exterior appearance 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 maintained 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 managing agent may undertake such maintenance at the cost of such Owner. 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, shall and 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. 10. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICA- 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 Condominium 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 lien against the Condominium Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Condominium Unit at such Owner's request. 11. ADMINISTRATION AND MANAGEMENT. (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 Owners. Each Owner shall manage his own Condominium Unit, and the Limited Common Elements appurtenant thereto and the General Common Elements and the business and affairs of the Project shall be governed and managed jointly by the Owners unless the Owners of Units 1 and 2 mutually agree upon the 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 1 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 1 and 2 are unable to mutually agree upon any matter related to the use, management, repair or replacement of any 5 General Common Element or the business and affairs of the Project, they shall jointly appoint a mutually acceptable third 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 between the Owners and request a formal written resolution thereof. Any costs incurred in connection with such 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. If the parties cannot agree upon an acceptable third party 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 1 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, ratifying, confirming, and consenting to the execution of the Agreement by the Owners, and (ii) covenanting and promising to perform each and every one of the covenants, promises, and undertakings to be performed 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 purposes 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 governed by Bylaws approved by the Owners. In the event of the establishment of an Association, all Owners shall automatically become members thereof. 12. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND EMERGENCIES. (a) The Owners shall have the irrevocable 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 damage to the General or Limited Common Elements or to another Unit or Units. (b) Damage to the interior of any part of a Unit resulting from maintenance, 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 of the negligence of a Unit Owner, then such Unit Owner shall be responsible for all of such damage. R • • 13. OWNERS' MAINTENANCE AND REPAIR RESPONSIBILITY. (a) For purposes ofmaintenance, repair, alteration and remodeling, an Owner shall be deemed to own and to be responsible for the exterior surfaces of such Owner's Unit and the Limited Common Elements assigned thereto, and the windows, doors, interior non -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 Unit 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 1 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 Common Elements Ail 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 would adversely affect the enjoyment or value of the other Unit. Declarant may from time to time adopt and amend Rules and Regulations as may 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 of the 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 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 j ointly responsible for painting and/or staining the exterior of the Units, for maintaining the roof, the exterior walls, foundation, parking areas and driveway, structural components, and all other areas designated as General Common Elements. The Owners (1) may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project, or the enforcement of this 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 7 0 damages or injunctive relief or both, maintainable by the Managing Agent or by an aggrieved Owner or Owners. 15. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both Condominium 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 instruments which shall be duly recorded. 16. ASSESSMENT FOR UNITS 1 AND 2 COMMON EXPENSES. (a) Annual Budget. ' (a) 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 less often than annually. The assessments against each Unit shall be based upon advance estimates of cash requirements by the Owners 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 water 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 be assessed to the Units, as determined by the Owners in accordance with applicable guidelines as set out in this Declaration. (2) Annually it shall be the responsibility of the Owners to establish and adopt an operating budget for the fiscal year. The budget shall be estimated based on the previous year's budget and projected expenses for the coming year. The budget shall provide for the allocation of any surplus funds remaining from any prior budget period and will identify and set apart those expenses which are to be borne by the Owners of the 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 subj ect to the right of the Owners to review and adopt or reject the budget. (3) The Owners of Units 1 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 1 and the Owner of Unit 2. N 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. (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 in the Common Elements to the next installments due from the Owners under the current year's estimate, until exhausted, and any net shortage shall be added, according to each Owner's percentage of ownership in the Common Elements, to the next two installments due after rendering of the accounting. However, if budgeted, such excesses may serve to fund a reasonable reserve for contingencies and replacements. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year shall be charged first against such reserve. If said annual budget proves inadequate for any reason, including nonpayment of any Owner's regular or special assessment, the Owners may at any time levy a further assessment, which shall be assessed to the Owners according to each Owner'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 which is due in accordance with the schedule of payment established by the Owners. (5) In addition to the other 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 ofreceipt, expenditures, assets, and liabilities of each of the Owners, and the same shall be open for inspection by the Owners required to pay Assessments during 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 hours as 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 and account of the 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 vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maximum replacement value of Units 1 and 2; casualty and other insurance premiums; landscaping and care of General Common Elements; common electrical, water, gas and sewer charges unless and . until any or all of the above are 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 surplus fund as well as other costs and expenses relating to the appurtenant Common Elements. The omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed a waiver, modification or a release of the subject Owner from their obligation to pay. 0 (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 covered 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 assessment 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 Assessments levied for roof repair or replacement shall be kept in a fund for that purpose. Such fund may be established in advance of such expenditures. 17. INSURANCE. Upon the sale of both Units by Declarant, one policy of public liability insurance covering all of the General Common Elements shall be purchased and maintained in effect at all times by the Owners of both of the Condominium Units, in an amount deemed appropriate by such Owners, and its cost shall be shared in accordance with such Owners' respective undivided interests in the Real Property Common Elements. Fire, casualty and extended coverage insurance shall be the sole responsibility of the Owners of Units 1 and 2 (or the Managing Agent as above provided) with respect to Units 1 and 2. Insurance coverage on the furnishings, additions and improvements incorporated 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 amount of the Common Expenses assessed against or incurred on account of a 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 the Common Expenses by Waiver of the use or enjoyment of any of the Common Elements or by abandonment of any Unit. 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 interest at fifteen percent (15%) per annum and shall constitute a lien on the Unit superior to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in favor of any valid assessing entity; and (b) All sums unpaid on an obligation secured by a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance, 10 including additional 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 written 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 of the 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 shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lied and all reasonable attorneys' fees. The defaulting Owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall be entitled to a receiver to manage the Unit. The foreclosing party shall have the power to bid on the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey such Condominium Unit. The amount of the Common Expenses chargeable against Condominium Units 1 and 2 and the costs and expenses, including attorneys' fees, of collection shall also be a debt of the Owner at the time due. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien right securing it. Any encumbrancer 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 written 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 forth the amount of the unpaid Common Expenses, if any, with respect to the subject Condominium Unit, 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 conclusive upon the issuer of such statement in favor of all persons who rely on it in good faith. The grantee of a Condominium 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 conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee; provided, however, that upon payment of a reasonable fee not to exceed one hundred ($100.00) dollars, and upon written request, any prospective Grantee shall be entitled to a statement from the Managing Agent or Owner of the other Condominium Unit, setting forth the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current quarterly assessment and the date that such assessment becomes due, credit for advance payments or for 11 prepaid items including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement. Unless such request for a statement of indebtedness shall be complied with within ten (10) days of such request, then such Grantee shall not be liable for any unpaid assessments against the subject Unit. 21. MORTGAGING A CONDOMINIUM UNIT - PRIORITY. 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 on 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 proceeds under all insurance policies upon the premises which insurance policies were effected and placed upon the mortgaged premises by the Managing Agent or other Owners. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or Owners of the other Unit. 22. ATTORNEY -IN -FACT IN CASE OF DESTRUCTION, REPAIR OR OBSOLESCENCE. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney -in -Fact to deal with Condominium Units 1 and 2 upon their destruction, repair or obsolescence. 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 obsolescence 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 exercise of the powers herein granted. Repair and reconstruction of the improvements as used in the succeeding paragraphs mean restoring the improvements 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, restoration or replacement unless the Owners of Units 1 and 2 and all first mortgagees 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 improvements shall be promptly repaired and reconstructed. The Attorney -in -Fact shall have full authority, right and power, as Attorney -in -Fact, to cause the repair and restoration of the improvements. 12 • E (b) If the insurance proceeds are insufficient to repair 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 deficiency 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 repair or restoration 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 maybe 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 if not 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: deed of trust; and, assessing entity; and, i (a) For payment of the balance of the lien of any first mortgage or (2) For payment of taxes and assessment liens in favor of any (3) For payment of unpaid Common Expenses; and, (4) For payment of j unior liens and encumbrances in the order of and to the extent of their priority; and, (5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. (c) The Owner of one of such Condominium Units may give notice to the other Unit Owner that Units 1 and 2 are obsolete and that the same should be renewed or reconstructed. If both 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 the Attorney -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 market 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 shall be the "commencing 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 such nomination to the other 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 qualified appraiser. If the two appraisers designated by the parties, or selected as provided in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between 13 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 consummated within fifteen (15) days thereafter, and the Attorney -in -Fact shall disburse such proceeds as is provided in subparagraph (b)(1) through (5) of this paragraph. (d) Owners of both Units may agree that Units 1 and 2 are obsolete and should be sold. Such agreement must have the unanimous approval of every Mortgagee. In such instance, the Attorney -in -Fact shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Attomey-in-Fact, Condominium Units 1 and 2 shall be sold by the Attorney -in -Fact for both of the Owners, subject to all of the provisions contained in this Declaration and the Plat. The sales proceeds shall be apportioned among the affected Owners on the basis of each Owner's fractional interest in the Common Elements, and such apportioned proceeds shall be paid into separate accounts representing each Condominium Unit. Each account shall be in the name of the Attorney -in -Fact, and shall be further identified by specific Unit, and the name of the Owner. From each separate account, the Attorney -in -Fact shall disburse the total amount of such accounts, without contribution from one account to another, for the same purposes and in the same order as provided in subparagraph (b)(1) through (5) of this paragraph. 23. ATTORNEY -IN -FACT IN CASE OF CONDEMNATION. This Declaration mandates the irrevocable appointment of an Attorney -in -Fact to deal with the Project in the event of its complete or partial condemnation. Title to both of the Condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute consent to the appointment of any Attorney - in -Fact identified by an appointment recorded in the real estate records of Pitkin County. The Attorney -in -Fact maybe changed at anytime by mutual agreement of the Owners, such change only to be effective upon the recording of a notice designating the new Attorney -in -Fact under this paragraph in the Pitkin County, Colorado, Real Property records. The Attorney -in -Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropriate to the exercise of the powers herein granted. The initial Attorney -in -Fact shall be appointed by mutual agreement of the Unit Owners. (a) Consequences of Condemnation. If at any time during the continuance of the condominium ownership pursuant to this Declaration, all or any part of the Project shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply: (1) Proceeds: All compensation, damages or other proceeds (the "Condemnation Award") shall be payable to the Attorney -in -Fact; and, (2) Complete Taking: In the event that the entire project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among the Owners on the basis of each Owner's fractional interest in the Real Property Common Elements, provided that if a standard difference from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in 14 determining such share of the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principal set forth above the Attorney -in -Fact shall as soon as practicable 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 the same manner provided in paragraph 22(d); and, (3) Partial Taking: In the event that less than the entire Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable, the Attorney -in -Fact shall, reasonably and in good 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 tb the particular Unit involved, and (d) the total amount allocated to consequential damages and any other takings of injuries shall be apportioned as the Attorney -in -Fact determines 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 Attorney -in -Fact shall employ such allocation to the extent 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, (4) Reorganization: In the event a partial taking results in the taking of a complete Unit, the Owner thereof automatically shall cease to be an Owner under this Declaration; and, (5) Reconstruction and Repair: Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in paragraph 22, in which case such paragraph shall be construed to apply to both Condominium Units. 24. MAILING OF NOTICES. Each Owner shall register his mailing address with the other Owner and all notices or demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name 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 shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the owners in writing. The Mortgagee 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 CONDOMIl4IUM OWNERSHIP. These separate condominium estates created by this Declaration and the Condominium Plat shall continue until this Declaration 15 is revoked in the manner provided in paragraph 15 or paragraph 23 or until terminated by operation at law. 26. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Declaration; and, (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of the law; and, (c) Whenever a dispute arises between the Owners regarding 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 such 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 further legal action as they deem necessary. (d) Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. Dated: Fe- brkC..r 1�5i-�qGU3 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Declarant: EPOCH ASPEN DEVELOPMENT, LLC By James H. Pugh, Jr., Manager Subscribed and sworn this Declaration has been duly executed this 25`h day of February, 2003, by James H. Pugh, Jr., as Manager of EPOCH ASPEN DEVELOPMENT, LLC. Witness d official seal. My co � l 4/(9 CD4 ANN G. KEENEy :'G �Tf OF.C�� 16 LAii Notary Public 0 C J 130 S. Galena St. Aspen CO 81611 (970)920-5090 (970) 920-5439, fax To: Richard Neiley From: James Lindt Fax: 925-9396 Pages: Phone: Date: 2/27/03 Re: 1395 Sierra Vista Condo Plat Comments CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Please make the changes to the plat as requested on the attached memo. Please let me know if you have any questions. Thanks. Please Reply To 201 North Mill Street, Suite 102 Aspen, Colorado 81611 (970) 925-9393 Fax (970) 925-9396 HAND DELIVERY 0 0 NEILEY & ALDER ATTORNEYS Richard Y. Neiley, Jr. Eugene M. Alder February 25, 2003 Mr. James Lindt Aspen/Pitkin County Community Development 130 South Galena Street Aspen, CO 81611 Dear James: Re: Sierra Vista - Bonita Condominiums Enclosed herewith you will find the following: ❑ Please Reply To 6800 Highway 82, Suite 1, Upper Level Glenwood Springs, Colorado 81601 (970) 928-9393 Fax (970) 928-9399 1. The Condominium Plat of Sierra Vista - Bonita Condominiums; 2. The Declaration for Sierra Vista - Bonita Condominiums; and 3. Our check to the City ofAspen Community Development Department for $475.00 for review of the Plat. We would appreciate it if you would complete the review of this proposed condominiumization at your earliest convenience. Please feel free to call me with any questions or comments. Thank you for your assistance with this matter. Very truly yours, & ALDER Y. Neiley, Jr. RYN/agk Enclosures DECLARATION FOR SIERRA VISTA - BONITA CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS: A. EPOCH ASPEN DEVELOPMENT, LLC, hereinafter called "Declarant," is the owner of an improved parcel of real property situated in the City of Aspen, Pitkin County, Colorado, described as follows: Lot 16, WEST ASPEN SUBDIVISION, Filing No. 1, According to the Plat thereof recorded September 5, 1967 in Plat Book 3 at Page 252, County of Pitkin, State of Colorado, (hereinafter referred to as the "Real Property") and also known as Sierra Vista - Bonita Condominiums, Unit 1 and Unit 2 (the "Condominium Units") and also known by the street address of 1395 Sierra Vista Drive and 900 Bonita Drive, Aspen, Colorado 81611. to wit: B. The above -described property is presently developed with the following improvements, A wood frame two (2) unit residential duplex structure. C. Declarant desires to create a condominium project of the Real Property under the Condominium Ownership Act of the State of Colorado (C.R.S. § 38-33-101, etseq.), 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 defined and referred to as the "Common Elements." NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, uses, restrictions, limitations and obligations shall be deemed to run with the land, shall be a burden upon and a benefit to Declarant, Declarant's heirs, personal representatives, successors and assigns and any persons acquiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, the following definitions shall apply: 1 (a) "Unit" and/or " Condominium Unit" means the individual air space contained within the interior surfaces of the perimeter walls, floors, ceilings, windows, doors and built-in fireplaces, if any, of each of the residences located in the Duplex situated on 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 appurtenant to such Unit, but not including any of the structural components of such building within a Unit, which Units are shown on the Condominium Plat and identified thereon as Unit 1 and Unit 2. (b) "Owner" means the person or persons or entity or entities, including Declarant, who owns fee 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 Sierra Vista - Bonita 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. (f) "Common Elements" means: (i) all of the Real Property; (ii) the foundations, columns, girders, beams, supports, main walls, roofs and crawlspaces contained in each of the building improvements which are the subj ect 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 services such as tanks, pumps, motors, fans, compressors, ducts, power, sewer, light, gas, hot and cold water, 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 Condominium Unit Owner. (g) "General Common Elements" means all Common Elements except Limited Common Elements, as hereinafter defined. None of the General Common Elements may be allocated subsequently as Limited Common Elements, without the written consent of all Owners. Care and maintenance of the General Common Elements and the costs thereof shall be the joint responsibility of the Owners of both Units. General Common Elements shall be designated on the Condominium Plat as "GCE." (h) "Limited Common Elements" 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. The individual Unit Owners shall be responsible for the 2 care and maintenance and the costs associated with the Limited Common Elements appurtenant to each Unit. Limited Common Elements shall be designated on the Condominium Plat as "LCE." The portions of the Real Property designated on the Condominium Plat, "Unit 1," and the Limited Common Elements appurtenant thereto, are hereby designated for the exclusive use of the Owner of Condominium Unit 1. 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 of the Owner of Condominium Unit 2. (i) "Real Property" means: the real property situated in the City of Aspen, Pitkin County, Colorado, described in Exhibit "A" appended hereto. 0) "Project" means the Real Property and all buildings and other improvements now or hereafter located on the Real Property, and all rights, easements and appurtenances belonging thereto. (k) "Managing Agent" means the person or entity that is selected and appointed by the Owners of the Condominium Units pursuant to the provisions of paragraph 11 of this Declaration. 2. DIVISION INTO CONDOMINIUM UNITS. (a) The Project is hereby divided into two (2) condominium units, which units may not be further divided into additional units, each consisting of a separate fee simple estate in a particular Condominium Unit and the following described appurtenant undivided fee simple interests in the Common Elements: (1) Real Property Common Elements: Unit 1 50% Unit 2 50% (2) Common Elements: Unit 1 50% Unit 2 50% (b) At the time of the recordation of this Declaration, the total floor area ratio ("FAR") allowed for the real property equals four thousand nine hundred eighty-one (4,981) square feet. Unit 1 contains approximately two thousand five hundred twenty-four (2,524) square feet of FAR. Unit 2 contains approximately two thousand four hundred fifty-seven (2,457) square feet of FAR. Notwithstanding the equal interests in the Real Property Common Elements and the Common Elements, in the event of destruction of the improvements on the Real Property, obsolescence or other event resulting in the removal of the improvements from the Real Property, at the time of reconstruction or redevelopment, Unit 1 shall be entitled to 50.7% of available FAR, and Unit 2 shall be entitled to 49.3% of available FAR. In the event the term FAR is no longer utilized within the 3 ti City of Aspen, the Units shall nonetheless be entitled to utilize the percentages set forth herein for purposes of establishing the relative size of each Unit. (c) Each Owner shall own his appurtenant undivided interests in the Common Elements as a tenant in common with the Owner or Owners also owning an interest in such Common Elements. 3. INSEPARABILITY OF A UNIT. Each Unit and the undivided interests in the Common Elements appurtenant thereto shall be inseparable and may be conveyed, leased, encumbered, devised or inherited only as a Condominium Unit. 4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed, lease, mortgage, trust deed, will, or other instrument may legally describe a Condominium Unit by its identifying Unit number, followed by "Sierra Vista - Bonita Condominiums," with further reference to the recorded Declaration and Plat. For example "Unit 1,'Sierra Vista - Bonita Condominiums, according to the Plat recorded in Plat Book at Page ! and subj ect to the Declaration for Sierra Vista - Bonita Condominiums recorded as Reception No. of the Records of the Clerk and Recorder of Pitkin County, Colorado: Every such description shall be deemed good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Unit, but also the General Common Elements and the Limited Common Elements appurtenant thereto. Each such description shall be construed to include the right to the use of the Limited Common Elements appurtenant thereto to the exclusion of all third parties not lawfully entitled to use the same. 5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO ASSESSOR. Declarant shall give written notice to the assessor of Pitkin County, Colorado, of the operation of condominium ownership of this property, as is provided by law, so that each Unit and the interests appurtenant thereto shall be deemed a separate parcel and subject to separate assessment and taxation. 6. TITLE. A Condominium Unit may be held and owned by more than one 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 be no judicial or other partition of the Common Elements or any part thereof, nor shall any Owner bring any action seeking partition thereof. 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 4 Common Element on the Condominium Plat or otherwise hinder another Owner's access to his garage. (b) The Condominium Plat identifies the yard appurtenant to each Unit as a Limited Common Element. Each of the Owners shall be solely responsible for maintaining such Owner's yard in good condition and repair. Each Owner shall perform all necessary mowing, planting, pruning and other landscaping so as to maintain the exterior appearance 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 maintained 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 managing agent may undertake such maintenance at the cost of such Owner. 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, shall and 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. 10. TERMINATION OF MECHANIC'S LIEN RIGHTS AND INDEMNIFICA- 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 Condominium 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 lien against the Condominium Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services, or other products incorporated in or otherwise attributable to the Owner's Condominium Unit at such Owner's request. 11. ADMINISTRATION AND MANAGEMENT. (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 Owners. Each Owner shall manage his own Condominium Unit, and the Limited Common Elements appurtenant thereto and the General Common Elements and the business and affairs of the Project shall be governed and managed jointly by the Owners unless the Owners of Units 1 and 2 mutually agree upon the 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 1 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 1 and 2 are unable to mutually agree upon any matter related to the use, management, repair or replacement of any 5 General Common Element or the business and affairs of the Project, they shall jointly appoint a mutually acceptable third 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 between the Owners and request a formal written resolution thereof. Any costs incurred in connection with such dispute resolution shall be deemed a cost of management of the Proj ect payable equally by the parties and subject to assessment as set forth in this Declaration. If the parties cannot agree upon an acceptable third party 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 ofboth Units Declarant -shall cease to act as Managing Agent and the Owners of Units 1 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, ratifying, confirming, and consenting to the execution of the Agreement by the Owners, and (ii) covenanting and promising to perform each and every one of the covenants, promises, and undertakings to be performed 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 purposes 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 governed by Bylaws approved by the Owners. In the event of the establishment of an Association, all Owners shall automatically become members thereof. 12. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND EMERGENCIES. (a) The Owners shall have the irrevocable 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 damage to the General or Limited Common Elements or to another Unit or Units. (b) Damage to the interior of any part of a Unit resulting from maintenance, 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 of the negligence of a Unit Owner, then such Unit Owner shall be responsible for all of such damage. n 13. OWNERS' MAINTENANCE AND REPAIR RESPONSIBILITY. (a) For purposes of maintenance, repair, alteration and remodeling, an Owner shall be deemed to own and to be responsible for the exterior surfaces of such Owner's Unit and the Limited Common Elements assigned thereto, and the windows, doors, interior non -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 Unit 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 1 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 Common 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 would adversely affect the enjoyment or value of the other Unit. Declarant may from time to time adopt and amend Rules and Regulations as maybe 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 of the 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 ofthe 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 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 j ointly responsible for painting and/or staining the exterior of the Units, for maintaining the roof, the exterior walls, foundation, parking areas and driveway, structural components, and all other areas designated as General Common Elements. The Owners (1) may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Project, or the enforcement of this 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 7 damages or injunctive relief or both, maintainable by the Managing Agent or by an aggrieved Owner or Owners. 15. REVOCATION OR AMENDMENT TO DECLARATION. This Declaration shall not be revoked nor shall any of the provisions herein be amended unless the Owners of both Condominium 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 instruments which shall be duly recorded. 16. ASSESSMENT FOR UNITS 1 AND 2 COMMON EXPENSES. (a) Annual Budget. (a) 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 less often than annually. The assessments against each Unit shall be based upon advance estimates of cash requirements by the Owners 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 water 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 be assessed to the Units, as determined by the Owners in accordance with applicable guidelines as set out in this Declaration. (2) Annually it shall be the responsibility of the Owners to establish and adopt an operating budget for the fiscal year. The budget shall be estimated based on the previous year's budget and projected expenses for the coming year. The budget shall provide for the allocation of any surplus funds remaining from any prior budget period and will identify and set apart those expenses which are to be borne by the Owners of the Units. The Owners shall j ointly 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 subj ect to the right of the Owners to review and adopt or reject the budget. (3) The Owners of Units 1 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 1 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. (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 in the Common Elements to the next installments due from the Owners under the current year's estimate, until exhausted, and any net shortage shall be added, according to each Owner's percentage of ownership in the Common Elements, to ,the next two installments due after rendering of the accounting. However, if budgeted, such excesses may serve to fund a reasonable reserve for contingencies and replacements. Extraordinary expenditures not originally included in the annual budget which may become necessary during the year shall be charged first against such reserve. If said annual budget proves inadequate for any reason, including nonpayment of any Owner's regular or special assessment, the Owners may at any time levy a further assessment, which shall be assessed to the Owners according to each Owner'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 which is due in accordance with the schedule of payment established by the Owners. (5) In addition to the other 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 during 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 hours as 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 and account of the 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 vandalism and malicious mischief insurance with endorsements attached issued in the amount of the maximum replacement value of Units 1 and 2; casualty and other insurance premiums; landscaping and care of General Common Elements; common electrical, water, gas and sewer charges unless and until any or all of the above are 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 surplus fund as well as other costs and expenses relating to the appurtenant Common Elements. The omission or failure of the Managing Agent to fix the assessment for any quarter shall not be deemed a waiver, modification or a release of the subject Owner from their obligation to pay. 6 (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 covered 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 assessment 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 Assessments levied for roof repair or replacement shall be kept in a fund for that purpose. Such fund may be established in advance of such expenditures. 17. INSURANCE. Upon the sale of both Units by Declarant, one policy of public liability insurance covering all ofthe General Common Elements shall be purchased and maintained in effect at all times by the Owners of both of the Condominium Units, in an amount deemed appropriate by such Owners, and its cost shall be shared in accordance with such Owners' respective undivided interests in the Real Property Common Elements. Fire, casualty and extended coverage insurance shall be the sole responsibility of the Owners of Units 1 and 2 (or the Managing Agent as above provided) with respect to Units 1 and 2. Insurance coverage on the furnishings, additions and improvements incorporated 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 amount of the Common Expenses assessed against or incurred on account of a 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 the Common Expenses by Waiver of the use or enjoyment of any of the Common Elements or by abandonment of any Unit. 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 interest at fifteen percent (15 %) per annum and shall constitute a lien on the Unit superior to all other liens and encumbrances except: (a) Tax and special assessment liens on the Unit in favor of any valid assessing entity; and (b) All sums unpaid on an obligation secured by a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance, 10 including additional 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 written 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 of the 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 shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorneys' fees. The defaulting Owner shall also be required to pay to the foreclosing party a reasonable rental for the Condominium Unit during the period of foreclosure, and the foreclosing party shall be entitled to a receiver to manage the Unit. The foreclosing party shall have the power to bid on the Condominium Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey such Condominium Unit. The amount of the Common Expenses chargeable against Condominium Units 1 and 2 and the costs and expenses, including attorneys' fees, of collection shall also be a debt of the Owner at the time due. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien right securing it. Any encumbrancer 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 written 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 forth the amount of the unpaid Common Expenses, if any, with respect to the subject Condominium Unit, 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 conclusive upon the issuer of such statement in favor of all persons who rely on it in good faith. The grantee of a Condominium 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 conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee; provided, however, that upon payment of a reasonable fee not to exceed one hundred ($100.00) dollars, and upon written request, any prospective Grantee shall be entitled to a statement from the Managing Agent or Owner of the other Condominium Unit, setting forth the amount of the unpaid assessments, if any, with respect to the subject Unit, the amount of the current quarterly assessment and the date that such assessment becomes due, credit for advance payments or for 11 prepaid items including but not limited to insurance premiums, which shall be conclusive upon the issuer of such statement. Unless such request for a statement of indebtedness shall be complied with within ten (10) days of such request, then such Grantee shall not be liable for any unpaid assessments against the subject Unit. 21. MORTGAGING A CONDOMINIUM UNIT - PRIORITY. 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 on 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 proceeds under all insurance policies upon the premises which insurance policies were effected and placed upon the mortgaged premises by the Managing Agent or other Owners. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Managing Agent or Owners of the other Unit. 22. ATTORNEY -IN -FACT IN CASE OF DESTRUCTION, REPAIR OR OBSOLESCENCE. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney -in -Fact to deal with Condominium Units 1 and 2 upon their destruction, repair or obsolescence. 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 obsolescence 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 exercise of the powers herein granted. Repair and reconstruction of the improvements as used in the succeeding paragraphs mean restoring the improvements 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, restoration or replacement unless the Owners of Units 1 and 2 and all first mortgagees 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 improvements shall be promptly repaired and reconstructed. The Attorney -in -Fact shall have full authority, right and power, as Attorney -in -Fact, to cause the repair and restoration of the improvements. 12 (b) If the insurance proceeds are insufficient to repair 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 deficiency 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 repair or restoration 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 if not 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: deed of trust; and, assessing entity; and, (a) For payment of the balance of the lien of any first mortgage or (2) For payment of taxes and assessment liens in favor of any (3) For payment of unpaid Common Expenses; and, (4) For payment of j unior liens and encumbrances in the order of and to the extent of their priority; and, (5) The balance remaining, if any, shall be paid to the Condominium Unit Owner. (c) The Owner of one of such Condominium Units may give notice to the other Unit Owner that Units 1 and 2 are obsolete and that the same should be renewed or reconstructed. If both 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 the Attorney -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 market 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 shall be the "commencing 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 such nomination to the other 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 qualified appraiser. If the two appraisers designated by the parties, or selected as provided in the event of the default of one party, are unable to agree, they shall appoint another similarly qualified appraiser to be arbitrator between 13 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 consummated within fifteen (15) days thereafter, and the Attorney -in -Fact shall disburse such proceeds as is provided in subparagraph (b)(1) through (5) of this paragraph. (d) Owners of both Units may agree that Units 1 and 2 are obsolete and should be sold. Such agreement must have the unanimous approval of every Mortgagee. In such instance, the Attorney -in -Fact shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Attorney -in -Fact, Condominium Units 1 and 2 shall be sold by the Attorney -in -Fact for both of the Owners, subject to all of the provisions contained in this Declaration and the Plat. The sales proceeds shall be apportioned among the affected Owners on the basis of each Owner's fractional interest in the Common Elements, and such apportioned proceeds shall be paid into separate accounts representing each Condominium Unit. Each account shall be in the name of the Attorney -in -Fact, and shall be further identified by specific Unit, and the name of the Owner. From each separate account, the Attorney -in -Fact shall disburse the total amount of such accounts, without contribution from one account to another, for the same purposes and in the same order as provided in subparagraph (b)(1) through (5) of this paragraph. 23. ATTORNEY -IN -FACT IN CASE OF CONDEMNATION. This Declaration mandates the irrevocable appointment of an Attorney -in -Fact to deal with the Project in the event of its complete or partial condemnation. Title to both of the Condominium Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any grantee of a deed from the Declarant or from any Owner shall constitute consent to the appointment of any Attorney - in -Fact identified by an appointment recorded in the real estate records of Pitkin County. The Attorney -in -Fact may be changed at any time by mutual agreement of the Owners, such change only to be effective upon the recording of a notice designating the new Attorney -in -Fact under this paragraph in the Pitkin County, Colorado, Real Property records. The Attorney -in -Fact shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or other instrument with respect to the interest of a Condominium Unit Owner which are necessary or appropriate to the exercise of the powers herein granted. The initial Attorney -in -Fact shall be appointed by mutual agreement of the Unit Owners. (a) Consequences of Condemnation. If at any time during the continuance of the condominium ownership pursuant to this Declaration, all or any part of the Project shall be taken or condemned by any public authority or sold or otherwise disposed of in lieu of or in avoidance thereof, the following provisions shall apply: (1) Proceeds: All compensation, damages or other proceeds (the "Condemnation Award") shall be payable to the Attorney -in -Fact; and, (2) Complete Taking: In the event that the entire project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership pursuant thereto shall terminate. The Condemnation Award shall be apportioned among the Owners on the basis of each Owner's fractional interest in the Real Property Common Elements, provided that if a standard difference from the value of the property as a whole is employed to measure the Condemnation Award in the negotiation, judicial decree, or otherwise, then in 14 determining such share of the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principal set forth above the Attorney -in -Fact shall as soon as practicable 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 the same manner provided in paragraph 22(d); and, (3) Partial Taking: In the event that less than the entire Project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership hereunder shall not terminate. Each Owner shall be entitled to a share of the Condemnation Award to be determined in the following manner: As soon as practicable, the Attorney -in -Fact shall, reasonably and in good 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 of injuries shall be apportioned as the Attorney -in -Fact determines 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 Attorney -in -Fact shall employ such allocation to the extent 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, (4) Reorganization: In the event a partial taking results in the taking of a complete Unit, the Owner thereof automatically shall cease to be an Owner under this Declaration; and, (5) Reconstruction and Repair: Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in paragraph 22, in which case such paragraph shall be construed to apply to both Condominium Units. 24. MAILING OF NOTICES. Each Owner shall register his mailing address with the other Owner and all notices or demands intended to be served upon any Owner shall be sent by either registered or certified mail, postage prepaid, addressed in the name 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 shall be sent by either registered or certified mail, postage prepaid, addressed in the name of the Mortgagee at such address as the Mortgagee may have furnished to the owners in writing. The Mortgagee 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 CONDOMINIUM OWNERSHIP. These separate condominium estates created by this Declaration and the Condominium Plat shall continue until this Declaration Wi is revoked in the manner provided in paragraph 15 or paragraph 23 or until terminated by operation at law. 26. GENERAL. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof is in any circumstances invalidated, such invalidity shall not affect the validity of the remainder of this Declaration; and, (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of the law; and, (c) Whenever a dispute arises between the Owners regarding 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 such 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 further legal action as they deem necessary. (d) Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. Dated: Feljruc'g J �51a003 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) Declarant: EPOCH ASPEN DEVELOPMENT, LLC B- James H. Pugh, Jr., Manager Subscribed and sworn this Declaration has been duly executed this 251h day of February, 2003, by James H. Pugh, Jr., as Manager of EPOCH ASPEN DEVELOPMENT, LLC. Witness " " d official seal. My co' ANt4 G. �G if OF�CC� Notary Public • 0 • • ---- -- C O U N T Y R O A D /,g ---- ----- N 36* 50' 45" W 1361.76, SCALE, I INCH = 100 FEET A0 0 0 O LEGEND & NOTES: BEARINGS ARE TRUE AND ORIENTED WITH USG B GS STATION ASPEN B AZIMUTH MARK. ALL LOT CORNER MONUMENTS ARE 111 5 RE -BAR 2FT. IN LENGTH WITH ALUMINUM CAP. BOUNDARY DESCRIPTION FOR SURVEY FROM RECEPTION 00-115210 BOOK 201 PAGE 597 -599 AND RECEPTION 01 116104 BOOK 203 PAGES 471 -473 R - RADIUS OF GRCULAR CoRic A DISTANCE ALONG ARC .,e..,.. rT UNDERGROUND UTILITY EASEMENTS - - INDICA ES EASEMENTS FOR PRIVATE ROADS OR DRIVEWAYS. CERTIFICATE OF SURVEYOR I, GEORGE W. NELSON, DO HEREBY CERTIFY THAT THIS PLAT OF THE WEST ASPEN SUBDIVISION, A SUBDIVISION OF A PART OF THE COUNTY nF PITKIN, HAS BEEN PREPARED BY ME AND ACCURATELY REPRESENTS A MELD SURVEY OF THE SAME. L�1e"� 11La.'�-� _ COLO. REG. LAI, SURVEYOR 7168 =ST ASP EN SUBDIVISIO� FILING No. I LOCATED IN: SW_ 1/4 SEC.. I , NE 1/4 SEC_ I I , NW 1/4 SEC. 12 TOWNSHIP 10 SOUTH, RANGE 85 WEST, 6TH. P.M. PITKIN COUNTY, COLORADO ---- -- COVN T Y - \ O 9 8 7 II Ni3e4O�9� 6 33'304 \� ._..._� 5 S3s a� SEE SHEET 2 \p C c STATEMENT OF OWNER AND DEED OF DEDICATION KNOW ALL MEN BY THESE PRESENTS, THAT ASPEN COUNTRY CLUB DEVELOPMENT CORPORATION, A COLORNCO CCRPORATION, BEING THE OWNER IN FEE SIMPLE OF ALL THE REAL PROPERTY INCLUDED IN THIS PLAT DESIGNATED WEST ASPEN SUBDIVISION, FILIN:; No. I, INCLUDING THE ROADS AND EASEMENTS SHOWN HEREON, AND LOCATED: T 10 S, R 85 W. 6 P.M_. SECTION I SW 1/4 SECTION 11 NE V4 SECTION 12 NW 1/4 DOES HEREBY SUBDIVIDE SAID REAL PROPERTY, ROADS AND EASEMENTS AND DESIGNATES THE SAME AS WEST ASPEN SUBDIVISICN, PILING NO. I AND FURTHER DECLARES: 1. THAT SUCH OWNER HAS CAUSED THIS PLAT TO BE MADE AND FILED. 2.THAT IT HAS CAUSED SAID REAL PROPERTY TO BE LAID OUT, PLATTED AND SUBDIVIDED INTO LOTS, ROADS AND EASEMENTS 4S SHOWN HEREON. 3. THAT THIS PLAT CORRECTLY SHOWS SAID REAL PROPERTY AS HEREON SUBDIVIDED INTO LOTS, ROADS AND EASEMENTS WITH THE DIMENSIONS iNCICATED HEREON AS PREPARED FROM ACTUAL FIELD SURVEY. 4. TAAT THE UNDERSIGNED HEREBY DEDICATES TO PUBLIC USE THE STREETS OR ROADS AS HEREON PLATTED, LOCATED AND DESIGNATED, SUCH DEDICATION rBEi..'G FOR PUBLIC USE FOR ROADS AND UTILITY EASEMENTS, IN WITNESS WHEREOF THIS SUBDIVIDER HAS EXECUTED T41S INSTRUMENT THIS INSTRUMENT THIS /G6� DAY OF AUGUST, 1967. TO WEST 1/4 CORNER SECTION 12,T10S. R85�v, 6PM PITKIN COUNTY, COLORAD') METES a BOUNDS DESCRIPTION: BEGINNING AT A POINT 1814.05 FEET N35' 56' 20' E FROM THE WEST 1/4 CORNER OF SECTION 12,TOWNSHIP 10 SOUTH, RA.4-,E 85 WEST OF THE 6TH P.M. ; - THENCE S 13' 33' 30" E 475.07 FEET ; THENCE N 76'26' E 153.09 FEET TO THE WESTERLY LINE OF THE COUNTY ROAD; THENCE N 13' 33 30' W 539 36 FEET ALONG THE WESTERLY LINE OF THE COUNTY ROAD THENCE N 3e 50 45" W 1361.76 FEET ALONG THE WESTERLY LINE OF THE COUNTY ROAD; THENC E S 59' 40 31" W 368.35 FEET ; THENCE S 32' 05 E 100.50 FEET ; THENCE S 57` 54' W 100.00 FEET; THENCE S 88'56' W 284.00 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS ', 210.00FEET, THE RADIUS POINT BEARING S 05' 31' E 210.00FEET; A DISTANCE OF '55.96 FEET FROM WHICH SAID RADIUS POINT BEARS N 31' 46' W 210.00 FEET i THENCE N 85' 39'E 255.00 FEET; THENCE S 53' 10' E 190.00' FEET; THENCE N 52' 24'E 110.00 FEET; THENCE S 44' 51' E 161.54 FEET; THENCE S 52'06'E 140.00 FEET; THENCE 147.69 FEET AROUND THE ARC OF A CURVE TO THE RIGHT WITH A �'ADWS OF 189.90 FEET AND WHOSE CHORD BEARS S 29'49 E 144.00 FEET; THENCE 192.96' FEET AROUND THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF 23663 FEET AND WHOSE CHORD BEARS N 15'49 20" E 187.66 FEET ASPEN COUNTRY CLUB DEVELOPMENT CORPORATION By, PAUL B. RODDEN , VICE PRESIDENT ATTEST ALAN WOODS SECRETARY STATE OF COLORADO ) ) Ss CITY AND COUNTY OF DENVER ) THE ABOVE AND FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS/(,Z�(" DAY OF AUGUST, 1967, BY PAUL e. RODDEN, VICE PRESIDENT i Of ASPEN CCU14TRY CLUB DEVELOPMENT CORPORATION i WITNESS MY HAND AND OFFICIAL SEAL_ MY COMMJSSION EXPIRES:.-+'����y`1 THENCE S 50"49'E 60.00FEET; COUNTY PLANNING AND ZONING COMMISSION CERTIFICATE THENCE S 57* 19 30" E 236.92 FEET; APPROVED THIS •> DAY OF Sty-�• -, 1967. COJNTY PLANNING AND ZC>'I . C' ; 35 36' E 165.50 FEET TO THE POINT OF BEGINNING. COMMISSION OF THE COUNTY OF PITKIN , COLCRADO. CHAI N 1w�'---- IF THE FOREGOING PLAT IS APPROVED FOR FILING AND CONVEYANCE OF THE PUBLIC WAYS, ROADS, AVENUES, DRIVES, AND PLANS, AS SHOWN HEREON, AND ACCEPTED BY THE COUNTY OF PITKIN THIS -r)w DAY OF -?A-'/ BOARD OF COUNTY COMMISSIONERS CERTIFICATE 1967. THE COMITY SHALL UNDERTAKE MAINTENANC.. OF SUCH PUBLIC WAYS, ROADS, AVENUES, COURTS, DRIVES, AND 7N PLACES, ONLY AFTER CONSTRUCTION OF SUCH WAY HAS BEEN SATISFACTORILY COMPLETED BY THE SU9DI%:DER. APPROVED THIS -11 DAY OF 1967. 804RD OF COUNTY COMMISSIONERS OF THE COUNTY OF `TKIN COl RA,00. APPROVAL OF THIS PLAT DOES NOT INDICATE APPROVAL OF UTILITIES, SEWAGE DISPOSAL SYSTEMS, OR OF SERVICE FACILITIES. BY CHAT M.Zqeeni -- G STATE ACCESS FROMc COUNTY ROAD N0.19 WILL BE RESTR+CTED TO PLACES INDICATED HEtIRON. SOF COLORADO TATE OF PITKIN ) S S ACCEPTED �FFOO(R FILING IN THE PITKIN COUNTY CERK 0 RECORDERS OFFICE COJfITY THE ABOVE FOREGCING CERTIFICATE OF SURVEYOR WAS ACKNOWLE GED BEFORE ME THIS S' DAY OF THISDAY OF 1967_ Q DFR �~ CIER RECOdDER 1967 3Y GEORGE W. NELSON. MY COMMISSION EXPIRES S/'Z,�/(7�/ /J � PLAT BOOK PAGE RECEPTION N0.1."�L� NOTARY PUBLIC _ ---'- --- ---------- ---- - • • 0 • o�,waer.a.•p� � - - -� -- ri,.nrw�i<A,Irrr..a�r.�w - _ -- _-_- -_ - -- -- - `- ----- - -_ -- - - - --- ----_ -------�.�6�.�..,,_ -- - --- - - `, _ ___ _ - _._ --_ --_- _-"._-_ ._ ___ _ _-_ --. ._ :_ _. .c�...� -ors -. ._ - - - - _ ._�_. �.--�_..�-._. _. >.,.__ .-_�.... .. -... ►--....+ice•''->. _ r. s�"�iL'.• .. .. __ _..-_.._-:_- - ___._ .--_._..---_ - __ .. --. -__ram=:=-. _ -<-.� ... _.. _ ___ .��_r� - - -...- ...-.�. �..�. •..-,---_..,. __� V.-.�.,.._...+.-..-�.� _ _-�'+' _. .: 7 r, -. . � ..-�-Y'--� ...�:.;._ y, _. - �t . �.. _ ., .;. � r ,�--�.—�-•--�" -'='------';Cr:, •� fir--..:,--•--�-�a` — --. -t �" ��--__....;- < .f._,. ..-/_ - � .. _ i aspenrepro@sopris.net 12-0 E Main St. - Aspen Co. 81611 fis e nREPROGROPHIC " t#925-1771 / fV925-9411 Seruice � c 1 r D � P LEGEND G.C.E. = GENERAL COMMON ELEMENT L.C.E. = LIMITED COMMON ELEMENT = PROPERTY LINE EXTERIOR WALL G.C.E. WINDOW OR DOOR FACE OF DRYWALL INDIVIDUAL OWNERSHIP NOTE: INTERIOR DIMENSIONS ARE FROM FACE OF DRYWALL TO FACE OF DRYWALL. OWNERSHIP AT EXTERIOR WINDOWS AND DOORS IS AS SHOWN ON THIS DIAGRAM. WINDOW AND DOOR FRAMES ARE GENERAL COMMON ELEMENT. TYPICAL EXTERIOR WINDOW AND DOOR DETAIL GRAPHIC SCALE 20 0 10 20 40 80 ( IN FEET ) I inch = 20 ft. TITLE CERTIFICATE THE UNDERSIGNED A DULY AUTHORIZED REPRESENTATIVE OF PITKIN COUNTY TITLE, INC. REGISTERED TO DO BUSINESS IN PITKIN COUNTY, COLORADO, DOES HEREBY CERTIFY THAT THE PERSON/PERSONS LISTED AS OWNER ON THIS PLAT DO HOLD FEE SIMPLE TITLE TO THE WITHIN DESCRIBED REAL PROPERTY, FREE AND CLEAR OF ALL LIENS AND ENCUMBRANCES EXCEPT THOSE LISTED IN THE OWNERS AND MORTGAGEE'S CERTIFICATE. ALTHOUGH WE BELIEVE THE FACTS STATED ARE TRUE, THIS CERTIFICATE IS NOT TO BE CONSTRUED AS AN ABSTRACT OF TITLE, NOR AS OPINION OF TITLE, NOR A GUARANTY OF TITLE, AND IT IS UNDERSTOOD AND AGREED THAT PITKIN COUNTY TITLE, INC. NEITHER ASSUMES, NOR WILL BE CHARGED WITH ANY FINANCIAL OBLIGATION OR LIABILITY WHATSOEVER ON ANY STATEMENT CONTAINED HEREIN. SIGNED NAME AND TITLE COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL THIS CONDOMINIUM PLAT OF SIERRA VISTA — BONITA CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN COMMUNITY DEVELOPMENT DIRECTOR THIS DAY OF 2003. BY: COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER'S APPROVAL THIS CONDOMINIUM PLAT OF SIERRA VISTA — BONITA CONDOMINIUMS WAS APPROVED BY THE CITY OF ASPEN THE CITY ENGINEER OF THE CITY OF ASPEN THIS DAY OF 2003. BY: CITY ENGINEER NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. CONDOMINIUM PLAT OF SIERRA VISTA BONITA CONDOMINIUMS LOT 16, WEST ASPEN SUBDIVISION, FILING NO. 1, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 1 OF 6 \ �/ ,!.....'...'. ..'.'.'........... sir / / v REBAR AND CAP ILLEGIBLE, FOUND r 16" CMP CABLE TV PEDESTAL TELEPHONE PEDESTAL SNOW STORAGE AREA 5' WIDE UNDERGROUND �° \ UTILITY EASEMENT PER / A .......i../ RECEPTION NO. 128426 / .......'....:'. ....o ,. GRATE COVERED WINDOW WELL/ S' FIRE ESCAPE L.C.E. UNIT 1 p = 13'58'20" i'!. �Q�P. ,•�.. a d a.T�s. R = 460,00 / �� 4 ��l A WINDOW WELL/ FIRE ESCAPE L = 112.18 /� .....' /. CONCRETE DRIVEWAY /S�� L.C.E. UNIT 1 CB= N 36'18'59" E r / " L.C.E. UNIT 1 \ _� EDGE OF WATER r ; a< i a. / a .. \ / %�........ jrr STREET LIGHT ryti0?r. / i .. ... .. i G.C.E. 3s• F i j .S• ? CONCRET PATIO a / ......... , % a L.C.E.IT 1' a ...... ............... i 38" ROCK '',• ........_ 1 28" ROCK ROCK SCULPTURE °s: o ,.... .. b r� CONCRETES? �� PATIO L,C.E. 90 2.e' /..' s z.e' 24" DIA. �� UNIT i. ° �2• 00 TWO STORY WOOD f DROP INLET ?p. DUPLEX WITH BASEMENT NOTE: 1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, EASEMENTS, AND RIGHTS -OF -WAY IN PLACE OR OF RECORD AS SET FORTH IN SECTION 2 OF SCHEDULE B OF THE TITLE COMMITMENT ISSUED BY PITKIN COUNTY TITLE, INC., ORDER NUMBER PCT 17109F, DATED JUNE 3, 2002, ALL EASEMENTS OF RECORD AS INDICATED ON SUCH TITLE COMMITMENT ARE SHOWN HEREON TO BEST OF MY KNOWLEDGE AND BELIEF. 2) THIS SURVEY WAS BASED ON WEST ASPEN SUBDIVISION, FILING 1, RECORDED IN PLAT BOOK 3, PAGE 252, AS RECEPTION NUMBER 128426, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, AND CORNERS FOUND IN PLACE. 3) DATE OF SURVEY WAS MAY 18, 2002. 4) THE BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF N 36'18'59" E BETWEEN A REBAR AND CAP, LS# 716 AT THE WEST CORNER OF LOT 16, AND A REBAR AND CAP, ILLEGIBLE AT THE NORTH CORNER LOT 16. 5) ALL AREAS OUTSIDE OF BUILDING FOOTPRINT ARE GENERAL COMMON ELEMENTS (G.C.E.), UNLESS OTHERWISE NOTED. 6) ALL DIMENSIONS WITHIN 0.1' TOLERANCE PLUS OR MINUS. 7) CONTROL FOR THIS SURVEY CLOSES BETTER THAN ONE PART IN TEN THOUSAND. SHEET INDEX LOT 15 WINDOW WELL/ FIRE ESCAPE L.C.E. UNIT 1 FENCE WINDOW WELL/ FIRE ESCAPE L.C.E. UNIT 2 24" DIA. DROP INLET \ 5' WIDE UNDERGROUND /—x— /S\ UTILITY EASEMENT PER + g,� RECEPTION NO. 128426 / L.C.E. / UNIT 2 \ / 4 CONCRETE POND / PATIO L.C.E. �268AR AND CAP UNIT 2 h� / FOUND IN POND PUMP HOUSE L.C.E. .y6 UNIT 2 +� FENCE / +� v Dc� 5' WIDE UNDERGROUND �•6J UTILITY EASEMENT PER RECEPTION NO. 128426 - WINDOW WELL/ FIRE ESCAPE L.C.E. UNIT 2 'R• SNOW STORAGE AREA REBAR 'AND CAP ILLEGIBLE UND 8'43'11" E \ 7.75' (TIE) \ \ SHEET 1 COVER SHEET SHEET 2 FLOOR PLANS SHEET 3 FLOOR PLANS SHEET 4 FLOOR PLANS SHEET 5 SECTION PLANS SHEET 6 SECTION PLANS WOOD TIE RETAINING LOT 17 WALL SURVEYOR'S CERTIFICATE I, FRANK W. HARRINGTON, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, EMPLOYED BY HIGH COUNTRY ENGINEERING, INC., DO HEREBY CERTIFY THAT I HAVE PREPARED THIS CONDOMINIUM PLAT FOR THE SIERRA VISTA — BONITA CONDOMINIUMS; THAT THE LOCATION OF THE OUTSIDE BOUNDARIES, ROADS, EXISTING STRUCTURES, FACILITIES, AND OTHER FEATURES ARE ACCURATELY AND CORRECTLY SHOWN HEREON, THAT THE SAME ARE BASED ON FIELD SURVEYS PERFORMED UNDER MY SUPERVISION; THAT THIS CONDOMINIUM PLAT FOR THE SIERRA VISTA — BONITA CONDOMINIUMS, MEETS THE REQUIREMENTS OF A LAND SURVEY PLAT AS SET FORTH IN COLORADO REVISED STATUTES 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM TIME —TO —TIME AND CONTAINS ALL REVISED STATUTES 1973, TITLE 38, ARTICLE 51, AS AMENDED FROM THE INFORMATION REQUIRED BY C.R.S. 38-33.3-209 OF THE COLORADO COMMON INTEREST OWNERSHIP ACT. �OqR �p RED B MOUNTAIN, C'O(O ASPEN 0 �o ti HIGH M y SIC Ho Sf, SUBJECT W PROPERTY DEq¢ �Oc S 0• N iY82 Y ASPEN u MOUNTAIN W U VICINITY MAP SCALE: 1" = 2000' RTIFICATION OF OWNERSHIP: KNOW ALL MEN BY THESE PRESENTS THAT EPOCH ASPEN DEVELOPMENT, LLC A FLORIDA LIMITED LIABILITY COMPANY, BEING THE SOLE OWNER OF CERTAIN LANDS IN PITKIN COUNTY, COLORADO, HEREIN DESCRIBED, BEING UNITS 1 AND 2 OF THE SIERRA VISTA - BONITA CONDOMINIUMS, AND LOCATED AT 1395 SIERRA VISTA DRIVE, AND 900 BONITA DRIVE, LOT 16, WEST ASPEN SUBDIVISION, FILING 1 RECORDED IN PLAT BOOK 3, PAGE 252, AND AS RECEPTION NUMBER 128426, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO, CONTAINING 16,023 SQ. FT., MORE OR LESS, HAVE BY THESE PRESENTS LAID OUT, PLATTED AND SUBDIVIDED THE SAME INTO CONDOMINIUM UNITS AS SHOWN HEREON AND DESIGNATED THE SAME AS SIERRA INTO - BONITA CONDOMINIUMS, IN THE CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. EXECUTED THIS DAY OF , 2003. BY: _ NAME: , MANAGER EPOCH ASPEN DEVELOPEENT, LLC A FLORIDA LIMITED LIABILITY COMPANY 359 CAROLINA AVENUE WINTER PARK, FLORIDA 32789 STATE OF ) S. COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 2003 BY AS MANAGER OF EPOCH ASPEN DEVELOPMENT, LLC A FLORIDA LIMITED LIABILITY COMPANY. WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC LENDER/MORTGAGEE DER/MMORTGAGEE CONSENT: THE UNDERSIGNED, AN AUTHORIZED OFFICER OF BANK OF AMERICA HEREBY CONSENTS TO THIS CONDOMINIUM PLAT FOR SIERRA VISTA - BONITA CONDOMINIUMS THIS DAY OF 2003. BANK: BANK OF AMERICA ADDRESS: BY: TITLE: STATE OF ) ss. COUNTY OF ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2003, BY AS OF WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES: NOTARY PUBLIC CLERK AND RECORDER'S CERTIFICATE THIS PLAT IS FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO, AT _ O'CLOCK .M., ON THE DAY OF 2003, AS RECEPTION NUMBER CLERK AND RECORDER BY: DEPUTY AM m w a 0 0 o N = O � I LU N � 1- w Ld Y a J I' Z �n o n QC-4 w Ig W j 7C Z z 0 4m V i�II Z �� W di c Z co �'- D La O ZmNg U fQ�S�N = w§fi a HIN _ LL CIO J 3 f =O ir Qo W px d� O ZQ o � 64 VO zv z J LU CL OZQ U a Co 0 Q a: Cq 20 0 UJ 000 U PROJECT NO. 2021647.00 SHEET 1 OF 6 I w Adk F-1 CONDOMINIUM PLAT OF SIERRA VISTA BONITA CONDOMINIUMS LOT 16, WEST ASPEN SUBDIVISION, FILING NO. 1, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO SHEET 6 OF 6 DECK L.C.E. UNIT 2 0 6 A : CONCRETE (TYPICAL) 1 0 777 0 .Q NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF CERTIFICATION SHOWN HEREON. 0 Oi TOP OF RIDGE ELEVATION = 119.5 TOP OF RIDGE ELEVATION = 128.51 TOP OF RIDGE ELEVATION Q I a DECK L.C.E. Z 0 a UNIT 1 U W N iv v STAIRWELL oo SECTION B— B vi -- TOP OF PLYWOOD SCALE: 1/4" = 1' —0" ELEVATION = 111.1 TOP OF LANDING UNIT 1 ELEVATION = 105.5 GARAGE `� o 0 1395 SIERRA VISTA DRIVE o STAIRWELL' TOP OF LANDING ELEVATION = 104.9 ROCK (TYPICAL) TOP OF PLYWOOD ELEVATION = 100.0 --------- O n od TOP OF CONCRETE ELEVATION = 77 CONCRETE Q s TOP OF LANDING (TYPICAL) Z ELEVATION = 95.1 U .,. + TOP OF LANDING — 4 I N — .5 ELE VAT 0 9 w f�� f• •!P:.. 1 -,: .a CONIC R TEF. E (TYPICAL) ) s.r : TOP OF CONCRETE — s, ° ELEVATION 98 0 TOP OF RIDGE %1 A ELEVATION = 128.5 TOP OF RIDGE I II I II I I I I I I I I I I I I I I I I I I I I I I I LJ LJ I LJ LJ I I ELEVATION = 128.0 oI it) � STAIRWELL , F.1 TOP OF RIDGE ELEVATION - 119.3 Q I "? II II III i i o DECK L.C.E. 0 UNIT 2 U W I 1 11 1 hil I bli yll I I I I I I A I I I I I I I I V7 TOP OF -PLYWOOD h ELEVATION = 111.1' TOP OF LANDING r1 ELEVATION = 106.2 UNIT TOP OF LANDING 900 BONITA DRIVE ELEvATION = 105.5' ROCK (TYPICAL) TOP OF LANDING_ ELEVATION = 94.5' TOP OF LANDING ELEVATION TOP OF CONCRETE_ ELEVATION = 89.0 SECTION C-C SCALE: 1/4" = 1' -0" z 0 Ln w Of w H- Q M O M In 2 O N L, N d N U w H- w W Y Q -� 0 o v o U z V �Q Z �$ 8 W W C4 C4 Z wV010N! z W Cr F2 Z c$ n LLl lf Z-0 � Q z Q �o � Ojr a_o OJ NU �o U zU W WZ Za W WU) oQ � QQ Q m 04 O 2 Q� U_ cc� W U PROJECT NO. 2021647.00 SHEET 6 OF 6 • • 0 • is