HomeMy WebLinkAboutcoa.lu.ec.200 S Aspen Hotel Lenado.1983
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No. 1-%3
CASELOAD SUMMARY SHEET
City of Aspen
1. DATE CERTIFIED COMPLETE:
2. APPLICANT: . /!Jnnj MI/Yl. .1!tJI.
STAFF: ~ Uv~
3. REPRESENTATIVE: 7JWui2 M.--rur-
9;)5;"/1&'1
4. PROJECT NAHE: Edt IA,UeiM /,'lJdyp M/ .h'Jd0h'/'7~ ./ f flm,l!;rj)/..-rJ~~//J77~~~
5. LOCATION:;WI Ea.',.f +-hptin5 AuerllX:
I-ok ,4, Ai c. , ()lock 7") I1,V?t:'n Or/gin;;>. I Tcunsrty>
6. TYPE OF APPLICATION:
4 Step:
GMP (
PUD (
)
)
2 Step:
Subdivision , .
LSUbdivision~ rJffyvJlf'dtl./!7!JJ/YJ1h~j
v I
GMP Exception (
Rezoning (
Por1'-inq Ej(f(1ptkfi 5
romP txempbClz
)
)
SPA
1 Step:
Use Determination
'tI
Conditional Use
FA:P- iflueq,st:. /'1 -the
Special Review (!,icU'JJn/JWy.JjAl'K../
HPC
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No. of Steps:
Other:
7. REFERRALS ~,
j Attorney
~ Engineering Dept.
~HOusing
L)later
_____City Electric
1- -&'3 . .
Sanitation District
Mountain Bell
_____P arks
Holy Cross Electric
vi Fire Marshal/Building Dept.
School District
_Rocky Mtn. Nat. Gas,
~State Highway Dept.
ire Chief
Other trw-. fka~
8. DISPOSITION,
P & z J
PfL Ap{2C(J( )'(.0(:(
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Approved. J Denied Date Rb '6', (q?,~
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l2. ROUTING:
;,/ Attorney
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1. Condomi ni umi zati on documents approved by the City Attorney' s
Office must be filed with the Pitkin County Clerk and
Recorder;
2.
The owner's personal use of a lodge condominium unit must
be limited to 14 days or less between December l8 and
March 20 and must be so specified in the approved condo-
minium documents;
3.
On-site management and maintenance and tourist accommodations
must be consistent in quality and quantity to those described
in the owner's affidavit submitted as part of this application
and must be so specified in the approved condominium
documents;
4.
The project must be listed with and use Aspen Central
Reservations or any other comparable local reservation
system to ensure the units' applicability as short-term
accommodations and must be so specified in the approved
condominium documents;
5. The lodge shall be upgraded by an amount in excess of 30
percent of the free market value of the present lodge as
itemized in the expenditures listed in the application
dated December 28, 1982 ~Ihich states that a minimum of
$725,000 will be put into upgrading/reconstruction.
All upgrading must be completed prior to the issuance
of a C.O., and within the time frame described in Section
20-23(A)(6)(a) of the Code;
6. A condominium map with the required signatures must be
recorded after a substantial porti'on of the project has
been completed and prior to the sale of any units;
The employee unitt must be deed restricted to the middle
income employee housing price guidelines and redesignated
as a studio unit, not a one bedroom unit/which is not io ~
~a~ less than 400 square feet. The title to said
unit must be h.eld in common by declarants -e( the condo-
.minium association. O~
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8. The applicant must abide by the recommendations of the
E~vironmental Health Department inClUding service by
Cl ty Water and Aspen Metro Sewer, compl i ance with the
Noise Abatement Ordinance, the paving of all driving and
_parking areas and they " ''''___~
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ITwo parking spaces must be retained as a part of this
approval, therefore allowing the use of the four remaining
parking spaces of the six proposed to be used for scoring
points in a future GMP competition;
) 10.
All necessary documents including the employee unit deed
restriction, the statement of exception, and condominium
documents must be reviewed and approved by the City Attorney's
Office, and recorded by the applicant prior to the issuance
of a bUilding permit for the demolition and reconstruction;
A plan for on-site water runoff and reten~on is to be
approved by the Engineering Department.
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MEMORANDUM
RE:
Aspen Planning and Zoning Commission
Alice Davis, Planning Office
Edelweiss Lodge - Special Review for FAR Increase in the L-3 Zone
District/Lodge Condominiumization/Employee Parking Special Review
Exemption/Employee Housing Exemption
TO:
FROM:
DATE:
February 8, 1983
Location:
Lots A, Band C, Block 75, Aspen Original Townsite/201 East
Hopkins Avenue.
Lot Size:
9,000 square feet.
Zoning:
L-3
Applicant's
Request:
The applicant is requesting special review approval pursuant to
Section 24-3.4 of the Code in order to allow the reconstruction
of the Edelweiss Lodge, expanding the lodge closer to the
allowed l:l FAR. The applicant is also requesting approval to
condominiumize the reconstructed lodge pursuant to Section 20-
23 of the Code. An exemption from GMP for the employee dwelling
unit and an exemption from the parking requirement for the
employee unit is also requested. All requested approvals require
P&Z and Council review except for the FAR expansion which can
be granted by P&Z.
Planning Office
Review: FAR Expansion
Section 24-3.4 establishes the new area and bulk requirements
for the L-3 zone district stating that the external floor area
ratio is to be established by special review, but is not to
exceed l:l. The internal floor area ratio established is as
follows:
Rental Space
.50:1* - .75:l
Non-unit Space
.25:1
* 33% of all rental space over .5:l must be deed restricted
to employee housing
The existing Edelweiss Lodge contains 6,llO square feet, 13
lodge units, six kitchens, two fireplaces and five woodstoves.
The applicant is proposing to expand the 6,llO square feet (.68
FAR) of floor area up to 7,571 square feet (.84:1 FAR). As
required by Section 24-ll.2(a) of the Code, the Planning Office
has verified the total number of existing units prior to their
demolition to provide the applicant with a GMP credit for their
reconstruction. The total number of lodge units will remain at
l3 until further development rights are obtained through the
GMP process. The applicant does intend to compete through GMP
at a later date in order to obtain the right to build four
additional lodge units which would finish the project and which
would require further special review approval to expand the
allowed FAR even closer to l:l, the maximum floor area allowed.
The proposal also appears to meet the internal FAR requirements
of the L-3 district.
When evaluating the proposed FAR expansion, Section 24-3.5(a)(1)
of the Code requires P&Z to make findings relative to the
following criteria:
"(1) The compatibility of the development with surrounding
land uses and zoning, including size, height and bulk,
proposed site design characteristics, including landscaping
and open space and visual impacts such as viewplanies;"
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Memo: Edelweiss Lodge
February 8, 1983
Page Two
The new Edelweiss Lodge will be compatible with surrounding land
uses in that several other lodges and condominiums are found in
the vicinity including the Hearthstone, Molly Gibson, Deep Powder,
Park Central East Condominiums, the Snowflake and the Limelight
Lodge. The project will be built into the existing slope to provide
three above-grade levels on the west side and two above-grade
levels on the east side. The structure will be within the 25 foot
height limitation and appears to be compatible with surrounding
structures with regard to height and bulk.
The Edelweiss Lodge parking and service areas are proposed to be
located on the alley with a buffer of cottonwood trees between the
parking and the lodge. The entrance. at garden level. is from
Aspen Street. The lodge units are on the second and third floors
built in a circle around a large common lounge area on the second
floor which extends vertically through to the third floor. The
first floor, partially subgrade, contains the manager's office,
laundry facilities, storage areas, a recreation room and a t.v.
room, a dining room, mechanical space and an employee dwelling
unit. Open space provided (3,293 square feet) is slightly in
excess of the 35 percent requirement of 3,150 square feet.
The Edelweiss is in the western edge of the Hotel Jerome viewplane
but the Engineering Department has determined that a 25 foot
structure at the subject site will not obstruct this viewplane.
LOdge Condominiumization
The applicant is also requesting approval to condominiumize the
reconstructed lodge pursuant to Section 20-23 which requires the
fo 11 owi ng:
1. The filing of appropriate condominium documents with the
Pitkin County Clerk and Recorder;
2. The owner's personal use of the units must be restricted
to 14 days or less between December 18 and March 20;
3. The lodge must provide a minimum of two pillows of employee
housing or that amount which has been provided for the previous
three years;
4. The lodge must provide on-site management and maintenance and
other tourist accommodation services consistent in quality
and quantity to those provided in the past three years. Any
condominiumized lodge must provide on-site management from
8:00 a.m. to 8:00 p.m. during the high season;
5. Lodge condominium units must remain available to the general
tourist market;
6. Common areas shall remain common areas and be maintained
in a manner consistent with its previous character;
7. The lodge shall be physically upgrading at a minimum in an
amount equal to 30 percent of the assessed value of the
property with upgrading completed within 12 months after
issuance of a building permit for such upgrading;
8. The lodge condominium map must contain all the appropriate
certification and approval signatures.
The applicant has agreed to or has met all of the above requirements
by supplying appropriate condominium documents (which includes
owner occupancy restrictions and the provision of necessary manage-
ment and maintenance services and common areas), by providing two
pillows of employee housing, by agreeing to physically upgrade the
structure with an amount of money in excess of 30 percent of the
assessed value of the property (Exhibit 8 itemizes proposed
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Memo: Edelweiss Lodge
February 8, 1983
Page Three
expenditures), by agreeing to include the condominium units in
either the Aspen Central Reservations system or any other new
local reservations system which may be formed, and by agreeing to
provide a condominium map at the appropriate time.
GMP Exemption
The applicant is also requesting approval to exempt the proposed
400 square foot employee unit (two pillows) from GMP procedures.
The unit will be an accessory dwelling unit deed restricted to the
middle income employee guidelines and is intended to be occupied
by the lodge manager. The applicant must be granted this exemption
in order to construct the unit without a GMP allocation. The
applicant proposes a one bedroom unit, but 400 square feet only
qualifies under the size restrictions of the price guidelines as a
studi 0 unit.
Employee Unit Parking Requirement
The last request by the applicant is to exempt the one space per
bedroom parking requirement for the employee unit. The proposal
states that the only existing parking space will be retained and
five new on-site parking spaces will be provided. The applicant
would like to obtain approval for providing these five spaces now
with the understanding that he will be given credit for these new
parking spaces when and if the applicant competes through GMP for
additional lodge units. The applicant is not obligated to provide
parking for the 13 existing units being reconstructed, based on
conclusions reached during the formulation of the L-3 zone district,
but must provide a space for the employee unit unless this parking
exemption is approved. Parking space will be required for any
additional lodge units (one space per bedroom) constructed if a
GMP allocation is received. Existing spaces must be retained.
Engineering has found that there are currently six existing parking
spaces as opposed to only one suggested by the applicant, but
found that five of the six spaces are located in the City right-
of-way behind the curb along Aspen Street. In order to minimize
the parking impacts, Engineering feels that these five spaces in
the right-of-way need to'be relocated. This would preclude the
applicant from using these spaces later in the GMP process and
therefore the applicant would then need a more creative parking
scheme Or van service to meet GMP requirements. If we do not
require these five spaces to be relocated now, there will be a net
decrease in the existing parking which could bring substantial
impacts on the neighborhood. The five spaces are not, however, on
the subject property and to require the applicant to retain them
on his property creates an economic hardship in trying to justify
the small reconstructed lodge proposed. This may inhibit his
ability to work toward the achievement of the adopted City goal of
upgrading the quality of small lodges in the community.
Parking for deed restricted employee units is set by special
review. The applicant has requested the one parking space required
for the employee unit be eliminated but has offered no arguments
justifying such an exemption. The Planning Office does, however,
feel the employee units parking should be eliminated since the
employee/manager is living on-site and since public transportation
is so convenient to the site.
Referra 1
Comments:
Jim Hamilton of the Housing Office pointed out that the proposed
400 square foot one bedroom employee unit is not within the size
limitations established in Ordinance #23, Employee Housing Guidelines.
The unit should either be called a studio or expanded lOO squsre
feet in order to make the unit fall within the 500-800 square foot
size limitation for one bedroom units. Also, the applicant has
clarified his application to specify the unit as a middle income
employee unit; the income category was not originally specified.
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Memo: Edelweiss Lodge
February 8, 1983
Page Four
Environmental Health stated that the project should be serviced
by the City of Aspen public water distribution system and the
Aspen Metro Sanitation District public sewer lines. It is also
recommended that all paved area drainage and roof drainage be
retained on-site through the use of dry wells or holding ponds.
No surface discharge on to public property should occur. Environ-
mental Health also stated that the development must comply with
Ordinance #2 (1981), Noise Abatement. With regard to air pollution,
Environmental Health recommended that all driving and parking areas
be paved. Also, the applicant is proposing five woodstoves and
one fireplace. Since wood burning is a significant contributor
to particulate air pollution in Aspen, Environmental Health
recommended that no woodstoves be allowed or that the five stoves
be of a clean burning design which is described in the newly-
proposed City air pollutIon regulation. The proposed fireplace
should be designed with energy efficiency in mind.
Heiko Kuhn had no problems with providing sanitation service to
the proposed project.
The Engineering Department stated that the applicant should provide
an electric/communications easement adjacent to the alley large
enough to accommodate the existing transformer and the relocation
of any t.V. and phone pedestals that may be contemplated. Engineering
also recommended that not one but six parking spaces be provided to
offset the impacts of the spaces being removed from the City right-
of-way. Also, the applicant should record a condominium map
following substantial completion of the project and prior to the
sale of any units.
The Building Department has not yet reviewed this application, but
their comments should be available at your February 8 meeting.
A health and safety inspection is not required at this point since
the existing structure is to be demolished and rebuilt.
The City Attorney's Office did not comment on this application.
Planning Office
Recommendation:
The Planning Office recommends that P&Z grant approval to the
special review request to expand the Edelweiss Lodge FAR from
.68 to .84 which is below the maximum allowed FAR of 1:1. Approval
is subject to the following:
1. No additional lodge units are created at this time, therefore
only l3 lodge units can be constructed without a further
development allocation.
2. If the applicant competes for further lodge units through GMP,
another special review approval to increase the FAR above .84
wi 11 be needed.
The Planning Office also recommends that P&Z recommend to City
Council the approval of the proposed lodge condominiumization, the
exemption of the one bedroom employee unit from GMP and the
exemption from the one space per bedroom parking requirement for
the employee unit. Approval is subject to the following conditions:
1. Condominiumization documents approved by the City Attorney's
Office must be filed with the Pitkin County Clerk and Recorder;
2. The owner's personal use of a lodge condominium unit must be
limited to l4 days or less between December l8 and March 20
and must be so specified in the approved condominium documents;
3. On-site management and maintenance and tourist accommodations
must be consistent in quality and quantity to those described
in the owner's affidavit submitted as part of this application
and must be so specified in the approved condominium documents;
Memo: Edelweiss Lodge
February 8, 1983
Page Five
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The project must be listed with Aspen Central Re~~rvations
or any other comparable local reservation system'to ensure the
units' applicability as short-term accommodations and must be
so specified in the approved condominium documents;
The lodge shall be upgraded by an amount in excess of 30
percent application dated December 28, 1982 which states that
a minimum of $725,000 will be put into upgrading/reconstruction.
All upgrading must be completed prior to the issuance of a
C.O. and within the time frame described in Section 20-23(A)(6)(a)
of the Code;
6. A condominium map with the required signatures must be recorded
after a substantial portion of the project has been completed
and prior to the sale of any units;
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The employee unit must be deed restricted to the modcrat~
income employee housing price guidelines and redesignated
studio unit, not a one bedroom unit; :.Jl\ich i~ n0t.:.
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as a
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8.
The applicant must abide by the recommendations of the Environ-
mental Health Department including service by City Water and
Aspen Metro Sewer, on-site runoff retension, compliance with
the Noise Abatement Ordinance, the paving of all driving and
parking areas and the use of five clean burning designed wood
stoves and an energy-effi ci ent fi repl ace. (Reference: Envi ron-
mental Health memorandum to Planning Office dated January 12,
1983);
9.
The six existing parking spaces must be retained as a part
of this approval, therefore precluding the use of this parking
for scoring points in a future GMP competition;
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All necessary/documents including the employee unit deed
restrictio~~nd condominium documents must be reviewed and
approved by the City Attorney's Office, and recorded by the
applicant prior to the issuance of a building permit for the
demolition and reconstruction.
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MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Edelweiss Lodge - Lodge Condominiumization/Employee Parking
Review Exemption/Employee Housing Exemption
DATE:
February 28, 1983
APPROVED AS TO FORM:
Location:
Lots A, B, and C,
Hopkins Avenue.
g,OOO square feet
Lot Size:
Zoning:
L-3
Applicant's
Request:
The applicant is reconstructing the Edelweiss Lodge pursuant
to Section 24-3.4 of the Code and has received P&Z approval
to expand the lodge closer to the allowed 1:1 FAR in the L-3
zone district. The applicant is now requesting approval to
condominiumize the reconstructed lodge pursuant to Section 20-
23 of the Code. An exemption from GMP for the employee dwelling
unit and an exemption from the parking requirement for the
employee unit is also requested.
Planning Office
Review: Lodge Condominiumization
The applicant is requesting approval to condominiumize the
reconstructed Edelweiss Lodge pursuant to Section 20-23 which
requires the following:
t"'1
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MEMORANDUM
TO: Aspen Ci ty Council
FROM: Alice Davis, Planning Office
RE: Edelweiss Lodge - Lodge Condominiumization/Employee Parking Special
Review Exemption/Employee Housing Exemption
Loca ti.on:
Lots A, B, and C,
Hopki ns Avenue.
9,000 square feet
APPROVED AS TO FORM:
DATE:
February 28, 1983
Lot Size:
Zoning:
Applicant's
Request:
L-3
The applicant is reconstructing the Edelweiss Lodge pursuant
to Section 24-3.4 of the Code and has received P&Z approval
to expand the lodge closer to the allowed 1:1 FAR in the L-3
zone district. The applicant is now requesting approval to
condominiumize the reconstructed lodge pursuant to Section 20-
23 of the Code. An exemption from GMP for the employee dwelling
unit and an exemption from the parking requirement for the
employee unit is also requested.
Planning Office
Review: Lodge Condominiumization
The applicant is requesting approval to condominiumize the
reconstructed Edelweiss Lodge pursuant to Section 20-23 which
requires the following:
l. The filing of appropriate condominium documents with the
Pitkin County Clerk and Recorder;
2. The owner's personal use of the units must be restricted
to 14 days or less between December 18 and March 20;
3. The lodge must provide a minimum of two pillows of employee
housing or that amount which has been provided for the
previous three years;
4. The lodge must provide on-site management and maintenance
and other tourist accommodation services consistent in
quality and quantity to those provided in the past three
years. Any condominiumized lodge must provide on-site
management from 8:00 a.m. to 8:00 p.m. during the high
season;
5. Lodge condominium units must remain available to the
general tourist market;
6. Common areas shall remain common areas and be maintained
in a manner consistent with its previous character;
7. The lodge shall be physically upgrading at a minimum in
an amount equal to 30 percent of the assessed value of
the property with upgrading completed within l2 months
after issuance of a building permit for such upgrading;
8.
The lodge condominium map must contain all the appropriate
certification and approval si:gnatures.
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Memo: Edelweiss Lodge
Page Two
February 28, 1983
The applicant has agreed to or has met all of the above
requirements by supplying appropriate condominium documents
(which includes owner occupancy restrictions and the provision
of necessary management and maintenance services and common
areas), by providing two pillows of employee housing, by agreeing
to physically upgrade the structure with an amount of money
in excess of 30 percent of the assessed value of the property
(Exhibit 8 itemizes proposed expenditures), by agreeing to
include the condominium units in either the Aspen Central
Reservations system or any other new local reservations system
which may be formed, and by agreeing to provide a condominium
map at the appropriate time.
GMP Exemption
The applicant is also requesting approval to exempt the proposed
400 square foot employee unit. (two pillows) from GMP procedures.
The unit will be an accessory dwelling unit deed restricted
to the middle income employee guidelines and is intended to be
occupied by the lodge manager. The applicant must be granted
this exemption in order to construct the unit without a GMP
allocation. The applicant proposes a one bedroom unit, but
400 square feet only qualifies under the size restrictions of the
price guidelines as a studio unit.
Employee Unit Parking Requirement
The last request by the applicant is to exempt the one space
per bedroom parking requirement for the employee unit. The
proposal states that the only existing parking space will be
retained and five new on-site parking spaces will be provided.
The applicant would like to obtain approval for providing these
five spaces now with the understanding that he will be given
credit for these new parking spaces when and if the applicant
competes through GMP for additional lodge units. The applicant
is not obligated to provide parking for the 13 existing units
being reconstructed, based on conclusions reached during the
formulation of the L-3 zone district, but must provide a space
for the employee unit unless this parking exemption is approved.
Parking space will be required for any additional lodge units
(one space per bedroom) constructed if a GMP allocation is
received. Existing spaces must be retained.
Engineering has found that there are currently six existing
parking spaces as opposed to only one suggested by the appli-
cant, but found that five of the six spaces are located in the
City right-of-way behind the curb along Aspen Street. In
order to minimize the parking impacts, Engineedng feels that
these five spaces in the right-of-way need to be relocated.
This would preclude the applicant from using these spaces later
in the GMP process and therefore the app 1 i cant woul d then need
a more creative parking scheme or van service to meet GMP
requirements. If we do not require these five spaces to be
relocated now, there will be a net decrease in the existing
parking which could bring substantial impacts on the neighborhood.
The five spaces are not, however, on the subject property and
to require the applicant to retain them on his property creates
an economic hardship in trying to justify the small reconstructed
lodge proposed. This may inhibit his ability to work toward
the achievement of the adopted City goal of upgrading the
quality of small lodges in the community.
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Memo: Edelweiss Lodge
Page Three
February 28, 1983
Referra 1
Comments:
The Planning and Zoning Commission determined that three
parallel spaces on Aspen Street could replace the five existing
parking spaces in the right-of-way. Also, due to the availa-
bility of parking on the west side of Paepcke Park, P&Z
recommended that the applicant only be required to retain two
parking spaces - one on the property and one from the right-
of-way. This leaves the remaining four spaces of the six
spaces proposed available for credit in a future GMP competition.
Parking for deed restricted employee units is set by special
review. The applicant has requested the one parking space
required for the employee unit be eliminated but has offered
no arguments j usti fyi ng such an exempti on. -ifte-P-hmm-ngDf-fi ce
does ,however;feel--ttre-emp1bye~uni ts parking should-be-
eliminated but nifsbffe'Y''ifdrro-argumenEs justifying such an-
exempti~.- The Planning Office does, however, feel the employee
units parking should be eliminated since the employee/manager
is living on-site and since public transportation is so conven-
ient to the site.
Jim Hamilton of the Housing Office pointed out that the proposed
400 square foot one bedroom employee unit is not within the
size limitations established in Ordinance #23, Employee Housing
Guidelines. The unit should either be called a studio or
expanded lOO square feet in order to make the unit fall within
the 500-800 square foot size limitation for one bedroom units.
Also, the applicant has clarified his application to specify
the unit as a middle income employee unit; the income category
was not originally specified.
Environmental Health stated that the project should be serviced
by the City of Aspen public water distribution system and the
Aspen Metro Sanitation District public sewer lines. It is also
recommended that all paved area drainage and roof drainage
be retained on-site through the use of dry wells or holding
ponds. No surface discharge on to public property should
occur. Environmenta'l Health also stated that the development
must comply with Ordinance #2 (1981), Noise Abatement. With
regard to air pollution, Environmental Health recommended that
all driving and parking areas be paved. Also, the applicant
is proposing five woodstoves and one fireplace. Since wood
burning is a significant contributor to particulate air pollution
in Aspen, Environmental Health recommended that no woodstoves
be allowed or that the five stoves be of a clean burning design
which is described in the newly-proposed City air pollution
regulation. The proposed fireplace should be designed with
energy efficiency in mind.
Heiko Kuhn had no problems with providing sanitation service to
the proposed project.
The Engineering Department stated that the applicant should
provide an electric/communications easement adjacent to the
alley large enough to accommodate the existing transformer and
the re'location of any t.V. and phone pedestals that may be
contemplated. Engineering also :--ecommended that not one but
six parking spaces be provided to offset the impacts of the
spaces being removed from the City right-of-way. Also, the
applicant should record a condominium map following substantial
completion of the project and prior to the sale of any units.
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Memo: Edelweiss Lodge
Page Four
February 28, 1983
The Building Department has not yet reviewed this application,
but their comments should be available at your February 8
meeting. A health and safety inspection is not required at
this point since the existing structure is to be demolished
and rebui It.
The City Attorney's Office stated that a promissory note must
be executed by the app 1 i cant, pursuant to Secti on 20-23(A) (6) (c) ,
to ensure the completion of the improvements proposed.
P&Z and Planning
Office Recommendation:
The Planning and Zoning Commission and the Planning Office
recommend that Council approve the proposed lodge condominiumiza-
tion, the exemption of the studio employee unit from GMP and
the exemption from the one space per bedroom parking requirement
forth~ ,~I1lElgyee unit. Shoul~ you concurw.ithour recommendation
---the" appropri ate moti o'nTSas-'Tcifjows :-------
"Move to grant subdi vi s ion excepti on for the purposes of
lodge condominiumization, GMP exemption for the construction
of one studio employee unit and a parking exemption for that
unit to the reconstruction of the Edelweiss Chalet, subject
to the following conditions:
1. Condominiumization documents approved by the City Attorney's
Office must be filed with the Pitkin County Clerk and
Recorder;
2. The owner's personal use of a lodge condominium unit must
be limited to l4 days or less between December l8 and
March 20 and must be so specified in the approved condo-
minium documents;
3. On-site management and maintenance and tourist accommodations
must be consistent in quality and quantity to those described
in the owner's affidavit submitted as part of this application
and must be so specified in the approved condominium
documents;
4. The project must be listed with and use Aspen Central
Reservations or any other comparable local reservation
system to ensure the units' applicability as short-term
accommodations and must be so specified in the approved
condominium documents;
5. The lodge shall be upgraded by an amount in excess of 30
percent of the free market value of the present lodge as
itemized in the expenditures listed in the application
dated December 28, 1982 which states that a minimum of
$725,000 will be put into upgrading/reconstruction.
All upgrading must be completed prior to the issuance
of a C.O., and within the time frame described in Section
20-23(A)(6)(a) of the Code;
6. A condominium map with the required signatures must be
recorded after a substantial portion of the project has
been completed and prior to the sale of any units;
./
7.
The employee unitt must be deed restricted to the middle
income employee housing price guidelines and redesignated
as a studio unit, not a one bedroom unit which is not to ~
greater or lJess than 400 square feet. The title to said
unit must be hel din common by decl arants ... the condo-
minium association. or-
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Memo: Ede 1 wei ss Lodge
Page Five
February 28, 1983
8. The applicant must abide by the recommendations of the
Environmental Health Department including service by
City Water and Aspen Metro Sewer, :ompliance wi~h.the
Noise Abatement Ordinance, the pavlng of all drlvlng and
parki ng areas and the use of H~-e-an=bttrrti-rrg-'de5~ne4'
'V""..,----' ';;eel'ir-S'to v es---a'fRFcrn e fie) gY"'-e-fHc-i-ertt-firep-l-aee.,-. ( Re f ere n ce :
1 J ....! . I Environmental Health memorandum to the Pl anni ng Offi ce
, OfF':\"-Qv,- '^'\.US,., !o..(":'1.~dated January l2, 1983);
C'k YV,v_)I \..\ .. a Y<1 pos:<to -I, 'I
J~idpolh.d~,.,.()-k v-'.'?0-~~,\'S :Two parking ,spaces must be retained as a part of this
, '\..c ...jJ II n "~ I approva 1, therefore allow; ng the use of the four remai ni ng
1'1\ i-ks>.- \OY"Wl ~Q.~ w. .11 parking spaces of the six proposed to be used for scoring
'~~,;o...l!CS -'L"o.c.\<L~ \c.v~ \'~ pOints in a future GMP competition;
(...A~' lO. All necessary documents including the employee unit deed
restriction, the statement of exception, and condominium
documents must be reviewed and approved by the City Attorney's
Office, and recorded by the applicant prior to the issuance
of a building permit for the demolition and reconstruction;
~ ~-e-r-Y.flo.te..j~ amount of .J..OpercenCiil'fufili
m~rket va 1 ~e of the ~-e.ay"trr'qUestio(LIT1.lJS!. be pos ted
Wl th the Ci ty Manag-er to ensure the proposea '-lilp'revemt!nts
to the ,...E.Ge.rvteTss wi 11 be completed and to ensure when tFiey--___
1ti'l-i,..'5e completed; and p' iz'fZ Co,tL
A plan for on-site water runoff and reten~on is to be
approved by the Engineering Department.
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I 20.22
SUBDIVISION
I 20.23
(2) Evi~ence that the property has historically rented
for terms in excess of one month periods at a price
wi,thin the current guidelines for low, moderate
and middle income housing as determined by the
council for additional points within the terms of
the growth management plan, and the applicant
intends to sell the property within the next five (5)
years at a price in excess of the above guidelines.
(d) If the applicant fails, in the sole judgment or
discretion of the city council. to demonstrate that
approval will not reduce the supply of low and
moderate income housing according to subsection (1)
hereof, then the applicant shall be required to present
a proposal to reduce or , 'iminate the adverse effects of
the specific condominiumization upon such housing
for a minimum period of five (5) years from the date of
council approval, or the council may in its discretion
deny the application for condominiumization. Such
proposal may include an acceptable deed restriction of
the property by covenant, which may include but is
not limited to rental price restrictions.
(e) The applicant must agree to undergo an inspection of the
building or buildings by the building department prior to
, review of the request for condominiumization by the plan-
ning and zoning commission. This inspection shall primarily
concern itself with fire, health and safety condition~the
intention is not necessarily to bring old structures to full
compliance with new construction codes. (Ord. No. 53-1977,
fi 1; Ord. No. 39-1978, ~~ 1,2; Ord. No. 14,1981, ~ 1)
See. 20-23. Condominiumization of lodges.
(A) Reql.lirements. Any applicant seeking condominiumi-
zation of a lodge (for the purpose of this section, a "lodge" is
defined as a building containing three (3) or more units
intended for temporary' occupancy of guests in addition to
other requirements set forth in Chapter 20 of the Aspen City
Code (the Aspen, Colorado, subdivision regulations)), shall
comply with the following requirements:
Slipp. No. 25
1237
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120,23
upgrading done previous to the condominiumiza-
tion will allow the condominiumized 'lodge to
continue to accommodate its clientele in a manner
consistent with or better in quality than the
accommodation provided previous to condomini-
umization, Such information shall be presented in the
form of an affidavit itemizing the expenses incurred
during the previous twenty four (24) months and docu-
lnenting that the expenditures have resulted in an ac,
tual upgrading of the structure, the appearance of the
lodge, and/or its guest facilities. In the alternate, the
applicant may present a plan for upgrading the lodge in
phases, providing the plan is approved by the city coun.
ciland implemented in accordance with their approval.
City council's approval to such plan may be granted or
withheld in accordance with its sole judgement and disc
cretion. Due consideration shall be given by city council
to the fact that the lodges of Aspen attract clientele
from diverse economic sectors, certain lodges catering
to certain sectors, and the il1tent herein is not to create a
uniformity in lodge character and roles, but instead to
upgrade the physical appearance and facilities that each
lodge provides.
(c) To assure that the physical upgrading of the lodge facil-
ity required by this section is accomplished, the appli-
cant shall execute a promissory note payable to the city
secured by a trust deed encumbering the lodge proper-
ty. The promissory note shall be in the amount required
to be expended to physically upgrade the lodge facility,
Th,e promissory note shali be payable by the applicant
and shall describe the improvements to be made. The
note shall be nonnegotiable and shall provide for no
regular interest, and default interest at a rate of two (2)
points above the prime rate charged on the date of de-
fault by the Chase Manhattan Bank of New York. No
provision of the note shall require the payment or per-
mit the collection of interest in excess of the maximum
permitted by law. and in the event of any such excess,
neither the applicant nor his succesSors or assigns shall
Supp. No. 25
.
SUBDIVISION
1241
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t 20-23
ASPEN CODE
120-23
be obligated to pay any such excess to the extent that it
is more than the amount permitted by law. The terms of
the note shall also allow the city to declare a default and
foreclose on the trust deed securing the note in the event
applicant does not make the improvements within the
time periods provided in subparagraph (a) supra. Any
sums collected on the note other than foreclosure cos,ts
and reasonable attorney's fees shall thereupon be uti-
lized to physically l,lpgrade the lodge facility as per ap'
plicant's plans. The trust deed sh.~ll contain a partial '
release of up to twenty (20) per cent of the lodge units at
the time the applicant so requests. At the option of the
applicant, the trust deed may be subordina~ed to any
instrument intended to seCl,lre the payment oi'a loan the
proceeds of which are required to upgrade the lodge
facility, but only to the extent. that the total sum of all
obligations secured by encumbrances upon the lodge
property and the amount of the promissory note required
hereunder does not exceed the fair market value of the
lodge property and its improvements at the time the
application is approved. The applicant shall have the
right to propose an alternative method assuring the physi,
cal upgrade will be accomplished and the city council. in
its sole judgement and discretion, may accept any such
alternative means in lieu of the above,described note
and trl,lst deed.
'(7) The lodge condominium map shall contain certificates show-
ing approval of the map by the city engineer, city attorney,
the city planning office, the city planning and zoning com-
mission and the city council.
(B) Applicability. All conditions set forth within this
section shall be made binding on the applicant, the
applicant's successors, heirs, personal representatives and
assigns and shall govern the property which is the subject
of the application for the life of the survivor of the present
city council of Aspen plus twenty-one (21) years. A
condominiumization of a lodge pursuant to this section
shall be modified only by the written agreement of the city
council and the owner or owners of the condominiumized
Supp. No. 25
1242
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SU.BDIVlSION
I 20.24
lodge property. The documents creating and governing the
condominium shall be modified by the condominium owners
only with the prior written approval of the city council.
(C) Procedure. Condozniniumization of an existing lodge
shall be accomplished pursuant to" the exception or
exemption process rather than through full subdivision
review. The applicant shall provide the following documen-
tation to the city at the time of application for condomini-
umization of alodge:
(1) Proof of ownership.
(2) Improvement survey for the property.
(3) Site inventory for the property indicating in detail the
actual configuration of the lodge facility, the common
areas and the location of any amenities serving the
lodge.
(4) Draft of proposed condominium documents including
condominium declaration, articles of the condominium
association and bylaws.
(5) Affidavit of services provided as is called for in
paragraph (A)(3) supra.
(6) Designation and description of employee units.
(7) Plan of improvements to be made to the property
along with estimated costs therefor. (Ord. No.
14-1980, ~ 3; Ord. No. 24-1981, ~~ 1-3)
Sec. 20-24. Timesharing.
(A) Applicability, The requirements of thissectlon shall apply
to all timesharing projects and units in the City of Aspen, in
addition to the other applicable requirements set forth in this
chapter and in this Code and applicable state law.
(B) Definitions.
(1) "Applicant" means any person or entity and the succes-
sors and assigns of any such person or entity applying for
timesharing approval pursuant to this section.
Supp, No. 'Z1
1243
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STATi::JilENT OF. EXCEPTION ~ D
FROM BUr,BI'<lIGI(31. RCCYb.I1TTn.. ~'tf.:. f-M. S:IlS0.\T,,S,jJ>J , ~Cf:.tS
FOR THE PURPOSE
OF CONDOMINIUMIZATION ~ "J"l*:.
, ril-,e... u;,../t'OO 41'" 0., M.I ,.,/11"1
[, IIp. 'r. :
Q() IilJIjEREAS, LONGRUN, LTD., a Colc.radc. Liroited PaY'tYlet'shio,
~ (h$,?e:O.l~afte~ referred to as no.met",) 1S the OWYler, Of, a oarcel of
al1fm (hereu,after referred to as "prc.perty") leoally described
a~'ots A, B & C, City and Townsite of Aspen, County c~ Pitkin,
Ccolot.radc., c.n which there is situate the Edehleiss L.c'dge,L.~md
"II
WHEREAS, owner has requested an exceotion from subdivision
f"((.4$ !1ul:lti:,., fc.r the purpo'se of ~dividiy,g a recoYlstructiol'" c,f the
~~.,,.r l'l(~),'eldstil",g lc.dge property through cCI1".domil",iumizat1C<l"J il",to thh'teel"l
~~~ RDdge units and one emoloyee un1t, and '
-::.t.fJ ..~~ WHEREAS, the ASDen Plannir,g al"ld ZCtl"dl"il;j Ce'mmissic<l"J, at i~.......-.&..t
~ ~> meeting held on the 8th day of February, 1983, determined that ~.~ w -
'I exceptic1rl frClril subdivisioy, regulatic' is ::':Inn"'- ahd reCClW-
rrlE?y,ded that the saAle be gray,te , .~$~~ ' ~i, ,1 .A..kJ,
~.^ ,,.,d.'~'3AffI'tN"'i "^ /..,... r~
WHEREAS, The City Council of Asoen, Colorado, at itsf~:etinD
meld on the 28th day of February. 1983, moved to prant subdivi-
sioYl excepticlFl. for the purposes C,'f lodge cCtY'ldc1rnil"Iil..lTllizatil:IFI,! .hJ.
pUrSl\al",t tc. Seri:i~r~"'0-;j of the Aspen Municie,al Cod~"'5 ;..,....J.J:, $0(,0'1
rs: ~~f"i(..) I ~. +1 <Ar"",:' (,..J.~',/ ~cJ..; -R
NOW, THEREFDRE, The City Council of Aspen, Colorado, does
het'eby determii",e tr,at the prc.posed ~divisiol'" of the t'ecol".struc-
ti,c<l"I of the recol',structed lodge p'l^operty by its c.:mdc,mil",iumiza-
tion shall be pe, rmitte, d pursuant to sec~,' orf the-/~, ,
!SubJect te. the following COYlditic<l"ls: ( S ~'I'I(")~\ rf\<l~u.('<Y[~
1. CondomiYliumization docuffients'approved
ney's Office must be filed with the Pitkin
Recordey' ;
by the City Attor-
County Clerk and
2. The ,owner's persor,al l,.\se elf a lCtdge cOF,dominium urdt
must be limited to 14 days or less betweey, Decembet' 18 and ~larch
,r' 20) ar,d must be 50 specified iFI the approved coy,domir,iufJ1 dClcu-
~ l ~~,ts; s~~~'-T' ~ fl,yf2.-k.fJ. ,J......r )'
s,4V7"{ .... ~uJ"H
~( 3. Or,-si te may,agemey,t aFld mai Y'lt 1".aFlce C'\'l"ld tCti..lri'st accc,mmo~-
e:latic<l"ls must be cC<l"lsistel",t il". qual:ty al'ld qual",tity te, those
e:lescribed in the owner's affidavit submitted as part of the
(DwY',er's applicatic'Yl for subdivisiclj"l exceptiClr,ar,d must be SCI
specified in the aooroved cc.ndomil"lium de.cumel",ts:
, ~t...I"b-oI, 1 ",+ & H~ r,j<.~J
4. The proJect must e listed wit!) and use Aspen Cel"ltral
Reservations or any other omoarable local reservation system to
et"lsl..u....e the uFdts' . as short-term aCCClfllrllc.daticlY",s i:t'nd
must be SCI specified iFI the aoo.,....ctved cCfrfdominit.!m dOClHl18'l",tS:
, ....#.~ ~, 1..kJ_ -I> b, _ _ '
5. The lodge shall be paraded by an amount in excess of .
30 per cel",t of the free mar et."value of the presel",t lc.d[Je.!'....,. V'4.,)..
i-tcmi-:oprl ; v', t~ experldituy'es liste!:1 1'('1 t:he Clwr,er's apoiicat;.cl'(s
dated December 28, 1982, which states that a minimum of $725.000
will be Pllt intci upgradil",g/recoy,structiem. All uoaradil"'r;} must be
completed prie'r tc. the issual",ce of a cet'tificate e.f oCCUpal"lcy,
and within the timeframe described in Section 20-23IA) (6) (a) of
the Ce.de;
6. A condomi~ium map with the reouired signatures must be
reco,'ded after a substay.tial oelrtie.y, c.f the o'l^oJect has beel".
cc.moleted and pt'ic,r tc. the sale e.f aYIY Ul"tits: .L_ J.. A..M
"'O(th< ,.+1.. A~ u .~ IJD', 0- fi:1.,."CC't1"Tr- ~I
7. I The emplc'yee lJr,i1"; must be deed-)'estricted to -the middle
iY'lcccnle' employee hC1lt.sil"lp j::l~il-::.Q guideli'f,E's and ~esioY'fated as a
studie. lmit. The title te, said unit must be helrJ by the cOl"ldomin-
iurn declarant clr iY'J cc,mmorl by the cOY"ldclrninil..Hil aS5ociaticn"q
.
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8. The owner mu by the recommendations of the
El'wire'Ylfl1ey,tal Health De iY'Cludiy,q service bv City Water'
and Aspen Metro Sewer, compliance with the Noise Abatement Ordi-
y,ay,ce, the paYiY'l:! e,f all dr'ivinq and parkiy,q areas ay,d the )~E'I'>i
~l "-':-,,,-,_,8d City air oCflluticfl'"' reOttlaticcY"s. i~ tl-.r.> .F.-.......r,.. "MI-h::Y M"~"'I"" .~
,fi...."l1)' E:),I1t.~~J~)' the Cit',r~ (Reference: EY'Vire,nrfiEmtal health
memorandum to the Planning Office dated January 12, 1983):
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9. Twe, parking spaces must be retained as a~1:""Of' this
aoproyal, therefe,re ,alle'wiy,o the use of the four remaiYdylO par'-
king spaces of the six prc,pc,sed te. be used for sce'riy,g oe,iy,ts il"'
a future GMP competition; .
10. All necessary documents, including the employee unit
deed restrictioy" this statemey,t of exceotielYl. ay,d ce,y,de,miYdum
de.cuments must be reviewed ay,d aoprovedby, the City Atte.rney's
Office, and recorded by the owner prior to the issuance of a
building permit for the deme,litie,y, ay,d rece,y,structie<YI;
11. A play, fe.r c.n-site water rllYl-e,ff and r'etention is te. be
approved by the Engineering Department.
Dated this ____ day of
_M'~______>o.~__"
1983.
-----.....--------------.---------
Mayor
,.^...,,',i.
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-------------------.--------.-
City Clerk
trfftlo.if:Jj), /t'5 'f?J fo(Zlt,', ,
~ \,4101 ;;'T"'''.!-o, c.~~ .
I, Fray,k S. Pete~s, Jeneral partner' e.f the pEmer'al partl",er'
of LongRun, Ltd., owner of the herein described property, agree
to the terms set forth in this statement of excEotion.
_._._--_._----~--_._--- -----~_._---
Fray,k S. Peter'""
I, DaYliel Delano, gey,eral party,er of the gey,eral par'ty,er of
LongRun, Ltd., owner of the herein described property. Boree to
the terms set forth in this statement of exception.
---------------------.-------
Daniel De 1 ay,e.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN' )
Acky,e.wledged,
day of ___________,
subscribed ay,d swe.ry, ,te. before me this
1983, by Frank S. Peters and Daniel Delano.
Ny cc,mrnissic'Y'J exoires _________~_____._._~__..
Wity,ess my hay,d and of'ficial seal.
---------------------------
Ne'tary P'.lbl ic
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8. The e,,,mer mu by ,the rece,mmendatie.r,s e,f the
Er,vire,nmental Health De rtmer.t, ir,cludiml service bv City Water
arId Asoer, Metre. Sewer, ce.mpliclY"tce wi.th the Neoise Abatemerlt Drdi-
narlce, the pavir,q of '.all drivir,q and parkin!:! areas ar,d the l~"")';
~I c,~c.:;:;>t:'d City air oCllll...\tic1rl reoulatic1rls.i'A tl-."" .FC.......l'i~ ''''hR',' ~\""'r\ J'
-F;'i"'.:l11~. ell~,-L.~d ,e,' the Cit~/__ (Reference: EYlvirclnroerltal Health
meme,randum te, the PI ar.....i rltj Office dated Jar,uarv 12, 191:13):
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9. Two parking spaces must be retained as a~~f this
approval, therefore allowintj the use of the four remainino par-
king spaces of the six oroposed to be used for scoring points in
a future GMP competition;
10. All necessary documents, including the employee unit
deed restrictie<Y"s, this statemerlt of exceotie.r" "md ce.r,domir,ium
documents must be reviewed and aoproved bV the City Attorney's
Office, and recorded by the owner prior to the issuance of a
building permit for the demolition and reconstruction;
11. A plan for on-site water run-off and retention is to be
approved by the Engineering Deoartment.
Dated this ____ day of
1983.
,
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Mayc,r
of
---.,,-----city-Clerk----------
fr~~ IrS ~' fo(2/1. " ,
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I, Frar,K S. Peter's; ~eneral partner e.f the
Le.r.gRun, Ltd., e,wr~e!:,of __t~e, ~,~reir, desc~'ibed
peneral partne~"
orOpel"ty, agree
going
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" I, !<ATHRYN- S. KOCH, do hereby certify that the fore-
Stat'ernent of' Exception from the Full Subdivi~ion Process
for the Purposes of Condorniniurnization of PARK PLACE was con-
sidered and approved by the Aspen City Council at its regular
, .
[
leeting held
, 1982, at which time the Mayor,
HEro~N EDEL, was authorized to execute the same on behalf of the
, ity of Aspen.
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KATHRYN S. KOCH, City Clerk
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DECLARATION OF COVENMl~TRi:CTIONS AND eONDIUON3 -
FOR TIlE J~I~~~H;hDJ-N~ C~~Nl6~~F"'~
DEBORAlr-t7'-SEeU-:m.. (hereinafter "Covennn.tor"), for I ~/
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-hei:~Qlf ':lllA h"r l-l'irs. P"'""OTH'] rcpreGaRtati~ successors and
'assigns, in consideration for the granting of an exception from
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the full
subdivision process for the purpos'e of ~ominiumizn- ' .~'
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'-It. all with' respect to the
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foilowing described property, hereby covenants ~ith'the City of
Aspen, Pitkin County, Colorado, to restrict said property, and
hereby does restrict said property as 'follows:
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,. 1. Covenantor represents that ~iS the record title
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owner of tpa following described prope!ty, together v~ith the
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improvements (including a commercial structure) located thereon:
. Lot L, 0 k 0, er'iginal Aspen Townfte,
~ -,City A en, County of Pitkin,
State of oloraao.
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also known' as :t61rE. l1opki:n-s......ffiTewe-;--ASptell, Ocl-o-ra-4e-&3:6"Il.
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2. The-t~ dwelling units located on the above-
described p~operty and described as' UniJ:~ THE SEGUIN
BUILDING (a Condominium) shall and hereby, are restricted solely
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to use as employee housing as~described in Sectipn 24-ll.4(b)(4)
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of the Municipal Code of'the City of ASPen,~a3~~oed, and to
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'rental and sale terms and price guidelines, qualifications ,
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guidelines, and to occupancy limitations within "~:i.ncome" <"1>-0---
housing eligibiHty guidelines now established by the City
Council of the City of Aspen. or as such', guidelines may from
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time-to-time be amended by the City Counci~
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. bindinB without the prior
,COVCULI.ll!:n.cC>l?t:d,llCd herein vhall be
re~p(!ct during th~periOd' they arc
consent of the City of Aspen reflected
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by resolution of the City Council of the City of Aspen.
IN WITNESS WHEREOF, this declaration has been duly
executed thiS --8.1h day of February, 1983. '.
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STATE OF COLORADO )
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COUNTY OF PITKIN )
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r2L.... The foregoing instrument was a'cknowledged before
this ~ day of February, 1983 by DEBORAH L. SEGUIN.
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VITtm5S my hand and official seal. . ,
Hy Colllll1ission expir~s: g.~6Ii;;;' ",' '
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Address of N~OrY:
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Condominium unit designation and the flclme of the owner. From eilch separate
account, the Association, as Attorney-in-fact, shall use and disburse the total
amour'!. (of each) of such accounts, w'ithol.lt contribution from one il.CCount to an..
oti,'"l', for the Sclme purpose:; afld in til,' :;ame order as is [Jl"ovidedin subpilr'il9rilph
27.2.1 through 27.2.5 of this paragraph.
28. Personal Property for Common Use. The Association, as Attorney-in-
fact for all of the owners, may acquire and hold for the use and benefit of all
of the condominium unit owners, real, tangible and intangible personal property
and may dispose of the same by sale or otherwise. The beneficial interest in
any such property shall be owned by all of the condominium unit owners in the
same proportion as their respective interest in the general common elements, and
such interest therein shall not be transferable except with a transfer of a con-
dominium unit. A transfer of a condominium unit shall transfer to the transferee
ownership of the transferor's beneficial interest in such;lroperty without any
reference thereto. Each owner may use such property'in accordance wi th the purpose
for which it is intended without hindering or encroaching upon the lawful
rights of the other owners. The transfer of title to a condominium unit under
foreclosure shall entitle the purchaser to the beneficial interest in such
personal property associated with the foreclosed condominium unit.
29. Registration of Mailing Address. Each owner shall register his mailing
address with the Association, and all notices or demands, except routine statements
and notices, intended to be served upon an owner shall be sent by certified mail,
postage prepaid, addressed in the name of the owner at such registered mailing
address. If more than one person or entity owns a Unit, the Unit owners shall
register one address only with the Associatin and that address shall be deemed
the registered address for all owners of the Unit. All notices, demands or
other notices intended to be served upon the Board of Managers of the Association
or the Association shall be sent certified mail, postage prepaid, to the man ing
address of the Association in Pitkin County, Colorado.
30. Period of Condominium Ownership. The separate condominium estates
created by this Declaration and the Map shall continue until this Declaration
is revoked or terminated in the manner provided in this Declaration.
31. General Reservations. Declarant reserves the right to establish
easements, reservations, exceptions and exclusions consistent with the condominium
ownership of the condominium project and for the best interests of the condominium
unit owners and the Association in order to serve the entire condominium project.
32. Recreational Facilities. The major recreational facilities which
are to be common elements are as follows: a recreation room', t.v. room, readi'ing
room and Jacuzzi. The recreational facilities are available for use by the owners,
thier guests, tenants, family, and invitees,subject to the requirements of this
Declaration, and By-Laws, and the Rules and Regulations. There shall be no
fees or charges for such use in addition to the assessments described herein.
33. Maintenance of Lodge Facility. Declarant for itself and its grantees,
successors and assigns hereby acknowledges that by virture of the establishment
of this condominium project as a "Condominiumized Lodge" [pursuant to the pro-
visions of Ordinance No. 14 (Series of 1980), and specifically Sections 20-23
adopted by amendment to Chapter 20 of the Municpal Code of the City of Aspen,
Colorado, as such Ordinance and Municipal Code are presently constituted] use
and maintenance of the common elements are restricted by the provisions of such
Ordinance and Code which restrictions are fully set forth in this paragraph 33;
use of the Units are restricted by such Ordinance and Code, which restrictions
are fully set forth in paragraph 3.7, above, and in this paragraph 33; maintenance
of the Condominium Project as a lodge facility is required by such Ordinance
and Code, which requirements are fully set forth in this paragraph 33; and, re-
quired by such Ordinance and Code, which requirements are fully set forth in '
paragraph 3.7, above, and in this paragraph 33.
33.1 The Units shall remain in the short-term rental market to be used
as temporary accommodations available to the general tourist market. This condi_
tion shall be met ,by inclusion of the Units, at comparable rates, in any local
reservati6n system for the rental of lodge units in the City of Aspen,
Colorado. Paragraph 3.7, above, sets forth the restrictions relative to a
Unit owner's personal use of a Unit.
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33.2 The Association shall provide a minimum of hlo (2) pillows of employee
housing. As.used herein, "pillow" means sleeping accommodations for one (1) ,
person. The Unit designated on Exhib'it !3 and on the Condominium map as the
"Employee Unit" shall be leased by the Association from the Declarant (for a
renta 1 pri ce not to cxc~ed,P4t-M-R-Ge-w:l-BL- employee hous i ng gui de li nes)
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and shall be.deed restricted so as to provided for the employee housing
as required by this paragraph 33.2. Such Employee Unit shall be utilized solely
for the purposes hereinabove set forth and shall not be utlized for rental
purposes.
33.3 The Association shail provide on-site management and maintenance
and other tourist accommodation services for the management and operation of
the common elements and for the compliance with the provisions and restrictions
of such Ordinance and Code, superior in qualitiy and.quantity to those provided
by The Edelweiss Lodqe during the three years prior to the date of this Dec-
laration, ljOTe~ LeNADO , to be a reconstruction of that Edelweiss Lodge.
Specifically, the following minimum tourist services shall be provided by the
Association or contracted for by the Association in order to comply with the
requirements of such Ordinance and Code, all of which services shall be deemed
condominium common expenses:
(a) On-site management from 8:00 am to 8:00 pm seven days a week between
December 17 and March 31, and between June 21 and labor Day of each year;
(b) Year round on-site caretaker, twenty-four hour services on call.
(c) A continental breakfast between December 17 and March 31, and between
June 21 and Labor Day of each year:
(d) The following amenities shall be available to the lodge guests: con-
tinental breakfast, apres ski drinks and hors d'oeuvres (during high season) ,
Jacuzzi, recreation room, reading room and large screen cable tv.
(e) Front desk service between 8:00 am and 8:00 pm seven days per week
between December 17 and March 31 and between June 21 and Labor Day of each
year.
33.4 The common areas of the Condominium Project shall remain common areas
and the Condominium Project shall be maintained in a manner consfstent with 'its
character as of the date of this Declaration. Any changes, alterations or
renovati ons made to common areas shall not dimini sh the si ze or qua 1 ity of the
common areas.
33.5 In order to comply with the provisions of such Ordinance and Code,
the Declarant agrees for itself and its successors, grantees and assigns that
the personal property, furniture and fixtures (including, but not limited to,
furniture, fixtures, decorations, wall surfacing, window covers, bathroom
fixtures and carpeting) contained within each Unit shall be maintained in a
un i fo rm, fi rst class cond i ti o~ab-l-e--to,such-cond,it.i'C1n,.as--of'i:h€ "date-or--
--tI1.:i-s.-lJee1-a-r-a,t-i.{}n~,- The Board or Managers of the Associ ati on shall deci de when
and how such personal property, furniture and fixtures shall be maintained and/or
replaced and the respective Unit owners shall comply with such decisions of the
Board. The Board shall notify a Unit owner of any such decisions and such Unit
owner shall have thirty days within which to commence compliance with such
decisions, and full compliance shall be made with the ensuing sixty day period.
Payment for the maintenance and replacement of such furniture, fixtures and
personal property within the Units shall be the responsibil ity of each respec-
tive Unit owner. The Association shall not be responsible for such payment
and the common elements shall not be subject to lien as a result of non
payment by any Unit owner. In the event that a Unit owner fails to comply
with the decisions of the Board, as required by this paragraph 33.5, the Asso-
ciation may replace and/or maintain the said furniture, fixtures or personal
property wtihin a Unit in order to maintain such uniform and first class con-
dition. In such event, the Unit owner shall reimburse the Association for all
monies expended thereby, including a service charge intne amount of twenty per-
cent of such monies expended, within three days of delivery of notice to the
Unit owner of such monies expended by the Association on behalf of the Unit
owner. In the event a Unit owner does not so timely reimburse the Association,
the Association shall have alien on the Unit foreclosable pursuant to the
provisions contained in paragraph 24 above.
33.6 In order to comply with the provisions of such Ordinance and
Code, and in order that the Condominium Project may be maintained as a first
, cl ass lodge faci 1 i ty ,as contemplated by such Ordi nance and Code, the Decl arant
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agrees for itself, and its successors, grantees and assigns, that the following
rf'quirements w'i11 be complied with:
(a) If a Unit owner desires to sell a Unit, the
showing of the Unit to prospective purchasers shall
be done through appointment with the front desk
management only, in order that any lodge guests in
the Unit not be inconvenienced.
(b) A Unit owner's reservation of any days to be utilized
for personal use during any given high season as set
forth in paragraph 3.7, shall be delivered in writing
to the Board of Managers or Managing Agent prior to the
twenty-first day of the month of June preceding commencement
of such high season. A Unit owner wishing to reserve that
Unit for personal use for any time between June 21 and
Labor Day of any year shall notify the Board of Managers
or Managing Agent prior to January 1 of that year. During
any other time of year, a Unit owner shall make any personal
use of that Unit by special arrangement with the Board of
Managers or Managing Agent
33.7 No violation or breach of, or failure to comply with, any provisions
of this paragraph 33 and no action to enforce any such provision shall affect,
defeat, render invalid or impair the lien of any mortgage, deed of trust or
other lien on any Condominium Unit taken in good faith and for value and per-
fected by recordi ng in the offi ce of the County Cl erk and Recorder of Pi tki n
County, Colorado, prior to the time of recording in said office of an instrument
describing the Condominium Unit and listing the name or names of the owner or
owners of fee simple title to the Condominium Unit and giving notice of such
violation, breach or failure to comply or action to enforce affect, defeat,
render invalid or impair the title or interest of the holder of any such
mortga,ge, deed of trust, or other lien or the title or interest acquired by
any purchaser upon foreclosure of any such mortgage, deed of trust or other
lien or result in any liability, personal or otherwise, of any such holder or
purchaser. Any such purchaser on foreclosure shall, however, take subject to
this Declaration except only that violations or breaches of, or failures to
comply with, any provisions of this paragraph 33 which occurred prior to the
vesting of fee simple title in such purchaser shall not be deemed breaches
or violations hereof or failures to comply herewith with respect to such purchaser,
his heir, personal representatives, successors or assigns.
34. General.
34.1 If any of the proV1SlonS of this Declaration or any paragraph,
sentence, clause, phrase or word, or the application thereof in any circumstance
be,invalidated, such invalidity shall not affect the validity of the remainder
of the Declaration, and the application of any such provision, paragraph,
sentence, clause, phrase or word in any other circumstances shall not be affected
thereby.
34.2 The provisions of this Declaration shall be in addition to and
supplemental to the Condominium Ownership Act of the State of Colorado and to
all other provisions of law.
34.3 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.
34.4 The provisions of this Declaration shall be liberally construed
to effectuate its purpose.
34.5 The sale or lease of a Condominium Unit shall be subject to the
covenants, restrictions and requirements contained in this Declaration and
the By-Laws, but there are no rights of first refusal on sale.
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IN WITNESS WHEREOF, Declarant has duly executed this Declaration
this day of 1983,
Declarant:
LONGRUN, L TD. ,
A Colorado Limited Partnership
By:
a General Partner
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EXHIBIT C
Condcri:J.nium Dt:'c:larat;;.0D
li'o.r
THE HOTEL LENADO CONDOMINIUMS
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DECLAHATIO" OF COVENM!'I,'C3 MID HiCS'tHICTIOI'iS
FOil
THE HOtEL LENADO CONDOMINIU>!S
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LONGRUN, LTD., a Colorado Limited Partnership (hereinafter "Covenantor"),
for itself and its sucessors and assigns, in consideration for the granting
of an exception from the full subdivision process for the purpose of condomin-
iumization, all with respect to the follO'.<ling described property, hereby cove-
nants with the City of Aspen, Pitkin County, Colorado, to restrict said prop-
erty, and hereby does restrict said property as follows:
7
',,/',.:..
1. Covenantor represents that it is the record title owner of the
following described property, together with the improvements (including
a lodge) which will be or has been constructed thereon:
Lots A, B & C, Block 75, City and Townsite of Aspen,
County of Pitkin, State of Colorado.
2. The one (1) dwelling unit located on the above-described property
and described as Unit B, THE HOTEL LENADO CONDOMINIUMS, shall be and hereby
is restricted SOlely to use as employee housing as now described in Section
24-11.4(b)(4) of the Municipal Code of the City of Aspen, or as it may be
amended, and to rental 'and sale terms and price guidelines, qualifications
guidelines, and to occupancy limitations within "middle-income" employee-
housing eligibility guidelines now established by the City Council of the
Ci ty of Aspen, or as such guidelines m?-y from time-to-time be amended by
the City Counci 1.
3. In the event that any municipal improvement or improvements of a
kind contemplated in Section 20-16 of the Municipal Code of the City of
Aspen, as amended, become, i,n the sole jLldgement or discretion of the City
Council of the City of Aspen, necessary or desirable to the area of the
above-described property, Covenantor will make no objection to any special
assessment or special tax or proceeding therefor on the basis that the prop-
erty is adequately served by existing improvements and/or on the QasiS that
the premises will not be served or benefited by the improvement or improve_
ments proposed. Covenantor further agrees to join, upon demand therefor by
the City, any improvement district formed for construction of such improve-
,ments (including, without limitation, signage, drainage, underground util-
ities, paved streets, planting, curbs, gutters, sidewalks, paved alleys,
street lights, traffic circulation, public transportation facilities, park-
ing facilities, etc.) in the area of the above-described property Or 'to re-
imburse the City of Aspen directly upon demand therefor if the City should
choose to construct these improvements without the formation of such a district.
4. The covenants contained herein shall run with the land and shall be ~.c:i
binding on all parties having any right, title or interest in the, said ~-
THE HOTEL LENADO CONDOMINIUMS, or any part thereof, and their heirs, repre-
sentatives, successors and assigns, for the period of the life of the longest-
lived member of the presently-constituted Aspen City Council plus twenty-one
(21) years, or for a period of fifty (50) years, whichever period is less, from
the date these covenants are recorded.
5. None of the covenants contained herein shall be released or waived
in any respect during the period they are binding without the prior consent
of the City of Aspen reflected by resolution of the City Council of the City
of Aspen.
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IN WITNESS WllEHEOF, 'this declaration has been duly executod this
day of Mays1983~
1:
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
LONGRUN, LTD.
By:
Frank S. Peters, general partner
The foregoing instrument was aclmowledged before me this ____ day of May,
1983, by Frank S. Peters and Daniel Delano.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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Daniel 'L~ian6
LongRun, Ltd./Edelweiss Associates
609 West Smuggler Street
Aspen, Colorado 81611
(303) 925-1169
December 28, 1982
Ms. Alice Davis
Aspen/Pitkin Planning Office
130 South Galena Street
Aspen, Colorado 81611
RE: Reconstruction of the Edelweiss Lodge as MOUNTAIN HOUSE.
Dear Alice:
Please consider this letter an application by LongRun, Ltd. to the City
of Aspen for Special Review, according to provisions of the Municipal Code,
Sec. 24-3.4 and 24~3.p, as amended by Ordinance 38, Series of 1982, and ap-
plication for lodge condominiumization exemption review, according to prov-
isions of the Code, Sec. 20-23., it being the proposal of LongRun, Ltd. to
reconstruct the existing Edelweiss Lodge (Lots A, 8 and C, Block 75, City of
Aspen) located in the L-3 zone district, the reconstruction to be a lodge
condominium named Mountain House.
At our meeting December 17th, architect Harry Teague presented for your
informal inspection his site plan and floor plans for Mountain House, which
our partnership plans to build on the Edelweiss site next summer after demo-
lition of the currently existing structures. A reconstruction creating no
additional dwelling units and therefore exempted from Growth Management Plan
allotment procedure (Sec. 24-11.2.a), Mountain House will conform to the
bulk & ~rea requirements of the L-3 zone district (Ordinance 38, Series of
_ 1982).
~ Now, specifically, a bulk & area requirement in the L-3 zone district
being that external floor area ratio be set by special review, up to an al-
lowabde maximum of 1:1, we request review of our plans by the City Planning
& Zoning Commission at the earliest possible date. Our proposed external FAR
is approximately .84:1. While we make no further request at this time, our
plans show provision for potential addition of several units to Mountain
House, dependent on success in City allotment competition at a later date,
which addition would reqire approval of an external FAR approaching 1:1.
Now, secondly, as we plan to provide a minimum of two pillows of employee
housing, specifically, a one-bedromm unit of approximately 400 square feet,
and as special review of parking requirements for residential use is required
in the L-3 zone district (Ordinance 38), we request review of our plan to
relocate the one existing parking space on the lot for use by the occupant
of the employee unit. In addition, we plan to provide five new on-site park-
ing spaces, with the understanding that it be made a matter of record that we
may be given credit for the provision of those additional spaces, if and when
at some point in the future our partnership should seek,approval to construct
any addition to Mountain House requiring the provision of such parking spaces.
We do not ask, of course, that any present grant of approval shall be construed
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to repFesent approval of any application we might submit to the Planning &
Zoning Commission in the future.
Now, thirdly, we seek recommendation by the Planning & Zoning Commis-
sion to
the City Council for
subparagraphs g & h)
special approval as required by the Code (Sec.
24-11.2
to construct that
employee housing unit
rv<IJ~l",
be deed-restricted in
re-
ferred to above, an accessory dwelling unit to
cordance with Sec. 24-11.4.b.3 of the Code.
ac-
Finally, we hereby apply to condominiumize Mountain House as a lodge
pursuant to Sec. 20-23 of the Code, excepted from full subdi"rision review.
A check in the amount of $700.00 is enclosed with this application in
payment of minimum processing fees.
At our meeting December 17th we submitted to you an improvement sur-
vey of the Edelweiss property prepared by Alpine Surveys of Aspen, and
attached to the survey a general site inventory. Enclosed please find
additional documentation required by Sec. 20.23 (C) to be provided the
City at the time of application for condominiumization of a lodge:
Exhibit 1: Proof of ownership, in the form of an ownership and
encumbrance report prepared by Stewart Title of Aspen.
Exhibit 2: A supplement to the site inventory referred to above _
herein the actual configuration of the existing lodge
facility is indicated in detail. and also in detail
(with reference to Exhibit C, below) the proposed con-
figuration of the reconstructed lodge.
'.;,?ttj;
Exhibi t 3: A draft of a proposed Condom~hium Declaration for The
Mountain House Condominiums, with certain Exhibits A,
B and C attached.
Exhibit 4: A draft of the proposed By-Laws of The Mountain House
Condominium Association.
Exhibit 5: A draft of the proposed Articles of Incorporation of
The Mountain House Condominium Association.
Exhibit 6: The n6tarizedAffidavit of Elizabeth M. Jones attesting
~"'\::,:;..;>'<~ -.
to the quality of services provided at the Edelweiss
Lodge during the past three years.
,
Exhibit 7: The designation (by reference to Exhibit C, above) and
description of proposed employee housing unit.
Exhibit 8: A projection of the cost of improvements detailed in
architectural drawings by Harry Teague (those drawings
being Exhibit C;)
Evidence that the requirements of Sec. 20-23 shall be met is supplied
in our proposed Condominium Declaration (Exhibit 3), specifically, in para-
graphs 3.7 and 33 thereof (and cf. Exhibit 6.) The requirement of Sec. 20-23.A.6.a
is that an amount equal to thirty per ,cent of the assessed value of the prop-
erty'. as condominiumized, be spent by any lodge condominiumization applicant
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to upgrade that lodge facility. The projected cost (Exhibit 8) of the re-
construction we propose is considerably higher than that minimum. We anti-
cipate that the sum of our obligations secured by encumbrances upon the
lodge property will be equal to or in excess of the present fair market
value of the property (est. $450,000 - $500,000); this would preclude oUr
making of a property-secured promissory note in any amount to the City. In
the way of alternative, we propose that as substantial completion of this
project is a prerequisite to the recording of a condominium map (Exhibit 4,
Condominium Declaration, paragraph 2) the City may be assured that the physical
upgrade requirement of the Code shall have been met prior to any final approv-
~l of the Mountain House condominium map by the City; we ask that the City
Council deem this assurance sufficient.
I would like briefly now to address an issue raised at our meeting
December 17th. That is, there may be some question as to the number of
"dwelling units" some"tlll"llty odd years ago created equal to the Edelweiss
Lodge. Specifically, the question is - fifteen or thirteen?
I based the figure in my general site inventory on my understanding
of Alan Richman's response to a question I put to him last month. What I
understood him to say was that a lodge suite with a livingroom and sepa-,
rate bedroom is to be counted as two lodge units. This I find logical enough,
though I do not find the issue addressed directly in the Code.
In any event, two of the Edelweiss chalets are lodge suites with
livingrooms included - according to the Code then (Sec. 24-3.7.i) each
livingroom shall be considered an "additional bedroom." And in fact, it
appears that this has been the use of the livingrooms in those chalets
at the Edelweiss over the years. (See Exhibit 4 - 100% occupancy = thirty
persons = 15 double-occupancy bedrooms, most presumably. Polly Whitcomb,
who acted as manager of the Edelweiss in the nineteen-sixties, will con-
firm the 100% occupancy level attested to by Elizabeth Jones.)
Fifteen double-occupancy bedrooms is the , sum of whole parts we pro-
pose to reconstruct on the Edelweiss property. However, if it must be
rather eleven double occupancy bedroom units and two one-bedroom lodge
suites, so be it. We shall then, redrawing door locations as necessary,
combine what is shown on the Plan (Exhibit C) as Units 12 & 14 and Units
16 & 17, the result of the change being two individual units, leaving us
a total of thirteen. (But then might we not combine another pair of units and
another, and end up with the right to add bedrooms to the site by a kind
of anti-creation of additio~al dWelling units?)
In closing, the LongRun Ltd. cast of characters. General partners:
Frank Peters and myself. Frank Peters (aka Rocky Mountain Structure) has
been in business in the Aspen/Snowmass area for five years with completion
of five custombuilt residences to his credit. I worked on four of those
jobs as a carpenter with Frank, and years ago we owned and managed Emergency,
a nightclub in Washington, DC. 9~ architect: Harry Teague, designer/builder
of the Aspen Community School, among other places. We are neighbors in Lenado,
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the other side of Red Mountain. Elizabeth Jones, who is to be a limited
partner in our venture, has owned the Edelweiss f9r seventeen years and
personally managed the lodge for a good part of that time (she lives in
the purple Victorian with the golden observatory dome atop it, across the
street from our building site on Hopkins.)
We look forward to enjoying a good working relationship with the
Planning Office during the~ course of review of this application. Mountain
House will be a fine place.
c-H:P'
Daniel Delano
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ASPEN CODE
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(c) What kind of and to what extent transportation
has been provided to guests.
(d) What have been the check-in hours and pro-
cedures.
(e) What amenities have been available to guests.
({) Any other relevant information regarding on-site
management, maintenance and other tourist
accommodation services provided by the lodge.
(4) The condominium units shall remain available to the
general tourist market. This condition may be met by
inclusion of the units of the condominium, at
comparable rates, in any local reservation system for
the rental of lodge units in the City of Aspen.
(5) The common areas of the lodge shall remllin common
areas and be maintained in a manner consistent with
its previous character. Any changes, alterations or
renovations made to common areas shall not diminish
the size or quality of the common areas.
(6) The lodge shall be physically upgraded as a result of
the condominiumization either by applicant's fulfilling
the requirements set forth in subparagraph (a), infra,
or in the alternative by applicant's compliance with '
subparagraph (b), infra, as follows:
(a) An amount equal to thirty (30) per cent of the
assessed value of the property, as condomini-
umized,' is"apvlied ~o the upgrading of the lodge
_ J~cility" P'lrf"fl'i't tg\plans' submitted to and
, a1>~t~vedbY'~thec::;ybuilding inspector within
nine (9) month", "~(:ondominiumization approval
and the upgrading ;acompleted within twelve (12)
months after the building permit for such
upgrading is issued. "
(b) The applicant demonstrates in the sole judgment
and discretion of the city council that funds
previously expended by the applicant have
upgraded the lodge to a high enough quality so as
to make further upgrading unnecessary as a
condition to condominiumization and that the
Supp. No. 23
1240
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Mountain House - E~~IBIT 2
Supplementary Site Inventory
Edelweiss Lodge: Approximate floor, area rental space
Approx. floor area Lodge non-rental space*
Workshop & Storage in accessory building*
, ',2.~:;4.660 sq ft
835 sq ft
565 sq ft
6110 sq ft
*includes some mechanical area that doubles as storage area
1,lountain House: ,,'~Pl;'oPosed,
"
flooFar,ea r.ental space (approx)
II II non-rental (above grade)
"
"
"
employee housing
4475 sq ft
2225 sq ft
400 sq ft
7100 sq ft
.79:1
45 sq ft
2675 sq ft
1085 sq ft
3805 sq ft
Total proposed abovegrade floor area**
External floor area ratio**
Subgrade rental (storage)
Sub grade non-rental
Subgrade Provisional space
**if provisional employee housing space of approximately
465 sq ft is counted, total abovegrade floor area be-
comes 7565 sq ft and external FAR .84:1
We propose to install kitchenettes in the five corner rooms, Units 2, 4, 9,
14" and 16, and woodstoves in the four northside corner rooms, Units 2, 4, 14
and 16. (NOTE: There are no units numbered 6, 7 or 13.) In the br~akfast'
room/bar there will bea woodstove also, and in the central lounge a fireplace.
Other Mountain House amenities are located on the Plan (E~~ibit C) as follows:
recreation room and tv room and guest laundry, central to level one; reading
room, east side level two; Jacuzzi on south side exterior deck of level two.
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OWNERSHIP AND ENCUMIII; ICE REPORT
10379 1'1
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$75.00
Mountain House - EXHIBIT 1
STEWART TITLE OF ASPEN, INC.
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lot sA, B, and C
Block 75
CITY AND TOWNSITE OF ASPEN
County of PitkIn, State of Colorado
Situate,l in the County of Pitkin, State of Colorado, appears to be vested in the name of
Elizabeth M. Jones
and that the above described property appears to be subject to the following:
1. A Deed of Trust dated November 26, 1966, executed by Edelweiss Associates
Incorporated to the Public Trustee of Pitkin County, to secure an indebtedness
of $72,500.00, in favor of Harry W. Poschman and Jane E. Poschman,
recorded January 17,1967 in Book 225 at Page 210.
,NOTE:, Assignment of above Deed of Trust to Harry,W,. Poschman recorded
March 3D, 1973 in Book 274 at page 133.
(Continued on Page 2)
EXCEPT all easements, right,of,ways, restrictions and reservations of record.
EXCEPT any and all unpaid taxes and assessments.
This report does not reflect any of the following matters:
1)
Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the repon
by more than fourteen (14) years.
2)
Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period.
3)
~
Paid tax liens which, from date of payment, antedate the repon by more than seven (7) years.
Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title,
not an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state,
ment cqntaincd herein.
Dated at Aspen, Colorado, this
17th day of December
A.D. 1982 at 8:00 A.M.
STEWART TITLE or ASPEN, INC.
BY 44?L' dd~
Authorized Signatur(
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10379 TI
Page 2
2. Any lien or penalty due to failure to pay any Aspen Real Estate Transfer
Tax due on deeds recorded August 5, 1982 in Book 430 at Page 583 as
Rec,eption No. 243277, August 5, 1982 in Book 430 at page 584 as Reception
No. 2113278 , September 14, 1982 in Book 432 at page 679 as Reception No.
244133, September 14, 1982 in Book 432 at page 680 as Reception No.
244134, and September 14, 1982 in Book 432 at page 681 as Reception No.
24L>135.
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Mountain House - EXHIBIT 8
CONSTituC:i'IO:l COST pnOJSCTIO~1
Equip~ent Rental,
Subcontractors &
Materials
De~oli ticln $10,000
Excavation 15,000
Foundation 25,000
Trenching & Backfill 7,500
Framing 65,000
Finish (inc glazing) 75,000
!.fasonry 25,000
PluGlbing & Heating 90,000
Electrical .. 35,000
Drywall 20,0'00,
Painting 20,000
Paneling 20,000
Flooring 35,000
.Jacuzzi 10,000 '
Landscaping \, : 7,500
5460,000
J:n-llouse Labor (4 carpenter & 2 laborers, 36 ',;ks)
5100,000
Architectural Fee
50,000
Construction Management
45,000
Construction Period Interest
40,000
Permi t Fees & l,liscellaneous
5,000
Contingencies'
25,000
5725,000
^
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EXHIBIT A
, Proposed
Condominium Declaration for
THE MOUNTAIN HOUSE 'CONDOMINIUMS
Lots A, Band C, Block 75, City and Townsite
of Aspen, Pitkin County, Colorado
.
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EXHIBIT B
Proposed
CONDOMINIUM DECLARATION' FOR
THE MOUNTAIN HOUSE CONDOMINIUMS
Unit 1 1/19 Unit 2 " 3/38
Unit 3 " 1/19 3/38
Unit 4
Unit 5 1/19 Unit 9 3/38
Unit 8 1/19 Unit 14 3/38
Unit 10 1/19 Unit 16 3/38
Uni t 11 1/19 Unit A 3/38 (Employee Unit)
Unit 12 1/19
Unit 15 1/19
Unit 17 1/19
Unit ,18 1/19
.,"-
Note: Unit 13 omitted by tradition.
Units 6 and 7 omitted by design.
Mountain House -
3
CONDOMINIUM DECLARATION
FOR
THE MOUNTAIN .HOUSE CONDOMIN IU~1S
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, LONGRUN_ LTD., a Colorado Limited Partnershi~,
hereinafter called ~Declarant," i~ the owner of that real property
situated in the County of Pitkin, St~te of Colorado, more fully
described in Exhibit A attached hereto and made a part hereof; and
WHEREAS, Declarant desires to ~stablish a condominium project
under the Condominium Ownership Act of the State of Colorado; and
WHEREAS, there is to be constructed on said real property
improvements consisting of separately designated residential
condominium units and other improvements; and
WHEREAS, Declarant does hereby establish a plan for the owner-
sip in fee simple of the real property estates consisiting of the
area or space contained in each of the air space units in the build-
ing improvements and the co-ownersip by the individual and separate , ,~
owners thereof, as tenants in common, of all of the remaining property/
hereinafter defined and referred to as the General Commmon Elements;
WHEREAS, Declarant desires to establish this condominium
project as a "Condominiumized Lodge" pursuant to the provisions of
Ordinanace No. 14 (Series of 1980), and specifically Section 20-23
adopted by amendment to Chapter 20 of the Municipal Code of the City
of Aspen, Colorado, as such Ordinance and Municipal Code are presently
constituted.
NOW, THEREFORE, Declarant does hereby publish and declare that
the following terms, covenants, conditions, easements, restrictions,
uses, limitations and obligatlons shall be deemed to run with the
land, shall be a burden and a benefit to Declarant, its successors
or assigns, and any person or entity acquiring or owning an interest
in the real property and improvements, and their devisees or assigns.
1. Definitions.
otherwise:
Unless the context shall expressly provide
5
1.1 "Unit" means an individu~l air space unit which is con-
tained within the unfinished perimeVer walls, floors, and ceilings
of such unit in the building togeth~r with any individual storage
space appurtenant to such unit as shown on the Condominium Map to
be filed for record, together with all fixtures and improvements
therein contained but not including any of the structural components
of the building, or the general common elements.
1.2 "Condominium Unit" means the fee simple interest and
title in and to a unit, together with the undivided percentage
interest in the general common elements appurtenant to such unit.
1.3 "General Common Elements" means and include~ all portions
of land ~escribed in Exhibit A hereto (except the units and those
spaces designated on the Plan [Exhibit C hereto] as "potential
Additional Unit," "Potential Additional Employee Units," and"Poten-
tial Diningroom or Restaurant Unit"), ~nd including the'struc-
tural components of the buildings; .the balconies and parking spaces,
and all other parts of ,such land and the improvements thereon '
, necessary or convenient to it~ existence, maintenance and safety,
which are normally and reasonalbly in common use, including the air
above such land, all of ,which shall be owned, a~ tenants in common,
by the owner~ ,6f ,the separate units, ~ach owner of a unit having'
an undivided percentage interest:in such general common elements as
provided hereinafter.
1.4 "Limited Common Elements" means those parts of the general
common elements which are either limited to or reserved for the ex~
cl usive use of the owners of one or more, but less than all, of the
condominium units. ' ,
1.5 "Condominium Project" means all of the land and improve-
ments initially and subsequently submitted by this Declaration or
any supplements or amendments hereto.
1.6 "Common Expenses" means and includes expenses for main-
tenance, repair, operation, management and administration, expenses
declared common expenses by the provisions of this Declaration and the
By-Laws of the Association, and all sums lawfully assessed against
the general common elements by the Board of Managers of the Associa-
tion.
1. 7 "Association of Unit Owners" or "Association" means THE
HOUNTAIN CONDOMINIUM ASSOCIATION, a Nonprofit Colorado corporation,
its successors and assigns, the Articles of Incorporation and By-Laws
of which shall govern the administration of this condominium property,
and the members of which shall be all of the owners of the condominium
units.
1.8 "Building" means one of the building improvements contain-
ing units as shown on the Map or amendments and supplements thereto.
1.9 "Map" or "Supplemental Map" means and includes the engineer-
ing survey of the land locating thereon all of the improvements, the
floor and elevation plans and any other drawing or diagrammatic plan
depicting a part of or all of the improvements and land.
1.10 "Plan" means those architectural ~rawings prepared by
licensed architect Harry Teague and attached as Exhibit C to this
Declaration and by this reference made a part hereof, specifically,
a site plan and floor plans of Mountain House, which, and as may be
amended in the course of the preparation of complete working drawings,
shall serve in stead of the Condominium Map prior to substantial com-
pletion of the Condominium Project.
2. Condominium Map. The Map shall depict and show at least
the following:
The legal description of the land and a survey thereof;
the location of the buildings; the floor and elevation plans; the
location of the units within the buildings, both horizontally and
vertically; the thickness of the common walls between or separating
the units; the location of any structural components or supporting
elements of a unit located within a building, and the building and
unit designations.
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The Map shall contain the certificate of a registered
Colorado land surveyor or licensed architect, or both, certifying
that the Map substantially depicts the location and the horizontal
and vertical measurements of the buildings, the units, the
unit designations, the dimensions of the units, the elevations of
the unfinished floors and ceilings as constructed, the building
number or symbol, and that such Map was prepared subsequent to sub-
stantial completion of the improvements. Any amendment to the Map
shall set forth a like certificate when appropriate. In interpreting
the Map the existing physical" boundaries of each separate unit as
constructed shall be conclusively presumed to be its boundaries.
Declarant reserves the right to amend the Map, from time to time,
to conform the same according to the actual location of any of the
constructed improvements, and to establish, vacate and relocate
easements, access road easements and on-site parking areas.
3. Division of Property In~oCondominium Units. The real
property is hereby divided into the following fee simple estates,
each such estate consisting of the separately designated units and
the undivided interest in and to the general common elements
appurtenant to each unit as is set forth on the attached Exhibit B
whi~h by this reference is made a part hereof. Each such unit is
identified on the Plan (Exhibit C) by number and building symbol
as shown on Exhibit B and shall be subsequently so identified on
the Map.
3.1 Declarant reserves the right to themselves, their successors,
heirs, personal representatives, and grantees, to:
3.2 Physically combine the space within one unit with the
space within one or more adjoining units, and
3.3 Combine a part of or combination of parts of the space
within one unit with part or parts of the space within one or more
adjoining units, and
3.4 Divide into separate units the space of one unit.
3.5.1- Construct up to four additional units in that space
designated on the Plan as "Potential Additional Units," if and when
the Declarant is granted permissibn to construct such units by the
City of Aspen, having entered with success the City of Aspen's Growth
Management Plan lodge construction allotment competition.
3.5.2 Construct, in that space designated on the Plan as
"Potential Additional Employee Units", an additional Employee Unit
so as to provide "pillows" (as defined in Paragraph 33.2, below) for
up to 100% of the Mountain House lodge staff.
3.5.3 Construct, in that space designated on the Plan as
"Potential Diningroom or Restaurant Unit" a diningroom with kitchen
facilities to serve Mountain House owners ahd guests, and to serve
others, if the De~larant should apply ~or and win from the City of
Aspen approvgl of a restaurant use in that space.
3.6 The aggregate or divided undivided interests in the
general common elements resulting from any 6fthe provisions of
paragraphs 3.2, 3.3, 3.4, and 3.5 shall be reflected by an amend-
ment to ExhibitB hereof and to the Map, consistent with the
requirements set fprth in this Declaration.
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3.7 Declarant acknowledges that this Declaration is subject
to the provisions and requirements of Ordinance No. 14, Series of 1980,
and specifically Section 20-23 adopted by amendment to Chapter 20 of
the Municipal Code are presently constituted.
Pursuant to Section 20-23 thereof, the following is made a
part of this De~larati6n;
(a) An owner's personal use of his unit
shall be restrict~d to fourteen (14)
days or less during the seasonal period
of December 19 through March 20. This
seasonal period is hereinafter referred
to as "high season". "Owner's personal
use" shall be defined as owner occupancy
of a unit or nonpaying guest of the
owner or taking the unit off the rental
market during the seasonal periods
referred herein for any reason other
than necessary repairs which cannot be
postponed of which make the unit unrent-
able. Occupancy of a unit by a lodge
manager or staff employed by the lodge,
however, shall not be restricted by this
,section.
(b) A violation of the owner's personal
use restriction by a unit owner shall
subject the owner to a daily assessment
by the condominium association of three
(3) times the daily rental rate for the
unit, at the time of the violation,
which assessment, when paid, shall be
deposited in the general funds of the
condominium association for use in
upgrading and repairing the common
elements of the condominium. All sums
assessed against an owner for violation
fot the owner's personal use restriction
and unpaid shall constitute a lien fUr
-the Qenefit of the condomini um associ a--
tion on that owner's unit, which lien
shall be evidenced by written notice
placed on record in the office of the
clerk and recorder of Pitkin County,
Colorado, and may be collected by fore-
closure on an owner's condominium unit
by the association in like manner as a
mortgate or deed of trust on real pro-
perty. The condominium Association's
failure to enforce the owner's personal
use restriction shall give the City of
Aspen the right to enforce the restric-
tion by the assessment and the lien
provided for hereunder. If the City of
Aspen enforces the restriction, the City
of Aspen shall receive the funds col-
lected as a result of the assessment for
the violation. In the event litigation
results from the enforcement of the
restricition, as part bf its reward to
the prevailing party, the court shall
award such party its court costs
together with reasonable attorney's fees
incurred.
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(c) The City of Aspen shall have the
right to require from the condominium
association an annual report of owner's
personal use during high season for all
the condominium units.
4. Limited Common Elements. A portion of the general
common elements is reserved for the exclusive use of the
individual owners of the respective units, and such areas are
referred to as "1 imited comm'on, el ements." The 1 imited common
elements so reserved shall be identified on the Map. (Any
balcony or balconies which are accessible only from within,
associated only with and which adjoin a single unit shall,
without further referenCe thereto, be used in connection with
such unit to the exclusi~n of the use thereof by the other
owners of the general common element~, except by invitation.)
All of the owners of condominium units in this condominium
project shall have a nonexclusive right in common with all of
the other owners to use of side0alks, pathways, roads and
streets located within the entire condominium project, if any.
No reference thereto, whether such limited common elements are
exclusive or nonexclusive, need be made in any deed, instrument
of conveyance, or other instrument.
5. Inseparability of a Condomlnium Unit. Each unit, the
appurtenant undivided interest in the general common elements
and the appurtenant limited common elements, shall together
comprise one condominium unit, shall be inseparable and may be
conveyed, leased, devised or encumbered only as a condominium
unit.
6. Method of Description. E~ery contract for the sale
of a condominium unit and every other instrument affecting
title to a condominium unit may describe that condominium unit
by the unit number and building designation shown on the
Condominium Map appearing in the records of the County Clerk
and Recorder of Pitkin County, Colorado, in the following
fashion:
Condomnnium Unit , THE MOUNTAIN HOUSE
CONDOMINIUMS, according to 'the Condominium
Declaration recorded on
1983, in Book , at Page
Condominium Map appearing in the
the County Clerk and Recorder of
Colorado, in Book , at Page
,
, and
records of
Pitkin County,
Such description will be construed to describe the unit,
toegether with the appurtenant undivided interest in the common
elements, and to incorporate all the rights incident to owner-
ship of a condominium unit and all the limitations onsuch
ownership as described in this Declaration and any amendments
hereto.
7. Separate Assessment and Taxation Notice to Assessor.
Declarant shall give written notice to the Assessor of the
County of Pitkin, Colorado, of the creation of condominium
ownership in this property, as is provided by l~w, so that
each unit and the undivided interest in the general common
elements appurtenant thereto shall be deemed a parcel and
subject to separate assessment and taxation. In the event
that for a period of time any taxes or assessments are not
separately assessed to each unit owner, but are assessed on
the property as a whole, then each unit owner shall pay his
proportionate share thereof in accordance with his percentage
ownership of the general common elements.
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8. Ownership'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 the State of Colorado.
9. Non-Partitionability of General Common Elements. The
general common elements shall be owned in common by all of the
owners of the units and shall remain undivided, and no owner
~hall bring any action for pa~tition or division of the general
common elements.
10. The use of General and Limited Common Elements. 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
owners, subject to such reasonable rules and regulations as may, from
time to time, be established pursuant to the By-Laws of the Association
11. Other Li~ns. Declarant states in accordance. with the re-
quirementsof the Colorado Condominium Ownership Act, that it is
possible that liens other than mechanic's liens, ass~ssment liens
and taxes liens, may be obtained against the common elements, in-:
eluding judgment Jiens and purchase money mortgage liens. '
12. Easements for Encroachment~. If any portion of the general
common elements encroaches upon a unit or units, a 'val id easement for
the encroachment and for the maintenance of same, so long as it Stands,
shall and does exist. If any portion of a unit, as shown on the map,
encroaches upon the general common elements, or upon an adjoining unit
or units, a valid easement for the encroachment and for the maintenance
of same so long as it stands, shall and does exist. In the event that
anyone or more of the units or buildings or other improvements com-
prising part of the general common elements are partially or totally
destroyed and are then rebuilt or reconstructed in substantially the
same location and as a result of such rebuilding any portion thereof
shall encroach as provided in the preceding sentence, a valid easement
for such encroachment shall and does exist. Such encroachments and
easements sha,ll not be cons i dered or determi ned to be encumbrances
either on the general common elements or on the units.
13. Termination of Mechanic's Lien Rights and Indemnification.
Subsequent to the completion of the improvements described on the '
Map, no labor performed or materials furnished and incorporated in a
unit with the consent or at the request of the unit owner or his agent'
or his contractor or subcontractor shall be the basis for filing of
a lien agains the unit of any other unit owner not expressly consenting
to or requesting the same, or against the general common elements.
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 unit of any other owner or against the general common
elements for construction performed or, for labor, materials, services
or other products incorporated in the owner's unit at such owner's
request. The provisions herein contained are subject to the rights
of the Managing Agent or Board of Mana~ers of the Association as is
set forth in paragraph 16. Notwithstanding the foregoing, any
mortgagee of a condominium unit who shall become an owner of a con-
dominium unit pursuant to lawful foreclosure sale or the taking of
a deed in lieu of foreclosure shall not be under any obligation to
indemnify and hold harmless any other owner against liability for
claims arising prior to the date such mortgagee becomes an owner.
14. Administration and Management; Managing Agent. The
administration and management of this condominium property shall be
governed by the Articles of Incorporation and By-Laws of the Associatio
An owner of acondomtnium unit, upon becoming an owner, shall be a
member of the Association and shall remain a member for the period of
his ownership. The Association shall be initially governed by a
Board of Managers as provided in the By-Laws of the Association. The
Association may delegate by written agreement any of its duties,.
powers and functions to any person or firm to act as Managing Agent
at an agreed compensations; provided however, that no such delegation
shall rel ieve the Associ ation or the Board of Managers of thei r
responsibilities under this Declaration.
15. Certificate of Identity; There shall be recorded from
time to time a certificate of identity which shall include the ',!
addresses of the persons then comprising the management body (Managers
and Officers) together with the identity and address of the Managing
Agent. Such certificate shall be conclusive evidence of the informa-
tion contained therein 'in favor of any person relying thereon in good
faith regardless of the time elapsed since the date thereof.
16. Reservation for' Access for Maintenance, Repair and
Emergency. The owners shall have the_irrevocable right, to be
exercised by the Managing Agent or Board of Managers of the Association
to have access to each unit from time to time during reasonable hours
under the particular circumstances fts may be necessary for the main-
tenance, repair or replacement of any of the general common elements
therein or accessible therefrom or for making emergency repairs ,
therein necessary to prevent damage to the general common elements or
to another unit or units. Damage to the interior or any part of a unit
or units resulting from the maintenance, repair, emergency repair or
replacement of any of the common elements or as a result of emergency
repairs within another unit at the instance of the Association shall
be a common exp~nse of all of the other owners; provided, however, that
if such damage is the result of the misuse or negligence of a' unit
owner, then such owner shall be responsible and liable for all of such
damage. All damaged improvements shall be restored to substantially
the same condition of such improvements prior to damage. All main-
tenance, repairs a~d replacements as to the common elements, whether
located inside or outside of units (unless necessitated by the neg-
ligence or misuse of a unit owner, in which case such expense shall
be charged to such unit owner), shall be the common expense of all of
the owners.
17, Owner's Maintenance Responsibility of Unit. For purposes
of maintenance, repair, alteration and remodeling, an owner shall be
deemed to own the interior non-supporting walls, the materials (such
as, but not l~mited to, plaster, gypsum dry wall, paneling, wallpaper,
paint, wall and floor tile and flooring, but not including the sub-
flooring) making up the finished surfaces of the perimeter walls,
ceilings and floors within the unit, including the unit doors and
windows. The owner shall not be deemed to own lines, pipes, wires,
conduits, or systems (which for brevity are herein and hereafter re~
ferred to as util ities) running through his unit which serve one or
more other units~xcept as a tenant incommon with the other owners.
Such utilities shall not be disturbed or relocated by an owner without
the written consent and approval of the Board of Managers. Such right
to repair, alter and remodel is coupled with the obligation to replace
any finishing or other materials removed with similar or other types
or kinds of materials. An owner shall maintain and keep in repair
the interior of his own unit, including the fixtures thereof. All
fixtures and equipment installed within the unit commencing at a point
where the utilities enter the unit shall be maintained and kept in
repair by the owner thereof. An owner shall do no act nor any work
that will or may impair the structural soundness or integrity of
the building or impair any easement or hereditament without the
writteniconsent of the Board of Managers of the Association, after
first proving to the satisfaction of the Board of Managers that such,
structural soundness or,integrity will be maintained during and after
any such act or work shall be done or performed. Any expense to the
Board of Managers for investigation under this Paragraph 17 shall be
borne by the owner. However, nothing herein contained shall be con~
strued to permit structuraLmodification and any decision relating
thereto shall be in the absolute discretion of the Board of Managers,
including, but not limited to the engaging of a structural engineer
at.. the owner's expense for the purpose of obtaining his opinion. All
maintenance or repairs to any limited common elements, except as
caused or permiteed by the owner shall be at the expense of all of the
owners.
18. Co~l.!.-::!!.ce vlith )Provisions of Declaration,
Articles al~,y-r,aws of t.he ',ssociat.i~ Each owner shall
comply stric'y \<lith the proVisions of his Declaration, the
Articles of Incorporation aml'By-Laws of the Association, and
the d~cisions and resolutions of the Association adopted
pursuant thereto as the same'may be Idlvfully amended fromti.l~e
to time. Failure to co;nply \vith any of the same shall be
grounds for an action to recover sums due, for damages or'
injunctive relief or both, and for reimbursement of all costs
and attorneys' fees, incurred 'in connection therewith, which
action shall be Iiiaintainable by the ~lanaging Agent or Board of
Managers in the name of the Association, in behalf of the
owners or, ,in a proper case by an aggrieved owner.
'19. Revocation or Amendment to Declaration. This Decla-
ration shall not be revoked unless all of the owners and all
of the holders of any recorded first mortgage or deed of trust
covering or affecting any or all of the condominium units
unanimously consent and agree to such revocation by instru-
mentIs) duly recorded. This Declaration shall not be amended
unless the owners representing an aggregate ownership interest
of seventy-five percent (75%), or more, of the general common
elements, unless a different percentage for the amendment of a
specific provision hereof is herein provided, in which case
that provision shall govern, and all of the holders of any
recoI'ded first mortgage or deed of trust covering or affect'ing
'any or all condominium units con'sent and agree to such amend-,
menf: by instrument(s) duly recorded; provided, hOllever, that
I, the percentage of the undivided interest in the general con~on
elements appurtenant to each unit, as expressed in this Decla-
ration (or in any supplements hereto) shall have a permanent
f character and shall not be altered, except as a result of
I expansion of the Project if otherwise permitted herein, in
.,hich event the percentage of the undivided interest in the
'I!' general common elements shall be computed in the same manner
as originally computed in this Declaration, and shall be set
I forth in a Supplemental Declaration without the consent of all
I of the unit mmers expressed in an amended Declaration duly
1 recqrded. Nothing contained in this paragraph 19 shall be
I.'" consltrued to precllUde or i~ any way l~r.lit the/ right of
Dec a:rfant to supp ement thlS Declaratlon and or the Condo-
II minium Hap if other\vise permitted herein. '
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20. Additions, Alterations, and Improvements of General
ans Limited Common Elements., 1'here shall be no additions,
al terations or improvements by the Board of, l1anagers or the
,I Hanaging Agent of or to the general and limited common ele-
'II ments requiring an expenditure in excess of Five Thousand
, Dollars ($5000.00) in anyone calendar year without prior
III approval of a majority of the ol-mers in writing or as reflec-
ted ,in the minutes of a regular or special meeting of the
'I OI'/ners. Such li'mitation shall not be applicable to the
Ij'" replacement, repair, maintenance or obsolescence of any
general' common element or common pr:opcrty. An individual unit
I' owner shall do no alterations, additions, or improvements (for
II his individual benefit or -for the benefit of, his Unit) to the
"I' general common elements or the limited common elements without
the approval of the Board of Managers or the approval of a
majori ty of the miners in writing or as reflected in the
minutes of a regular or special meet:ing of the m:ners. In the
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_ _U..' "_'_' _____._.______.__.____ __"C. -- .
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event that any such approved alterations, additions o~ impro~ements
cr,eate encroachments by a Unit 'upon the common elements or by the'
common elements upon a Unit, a valid easement for such encroachment
and for the maintenance of same, so long as it stands, shall and does
ex is t.
The cost of any additions, alterations or improvements to the general and
limited common elements undertaken by the Board of Managers shall be assessed
as common expenses. Any such additions, alterations or improvements, regardless
of by whom undertaken, shall be owned by the unit owners in the same proportion
as their ownership interest in existing gerneral and limited common elements and
shall not affect any unit owner in reference to his voting power in the Association.
21. Assessment for Common Expenses. All owners shall be obligated to
pay the assessments, either estimated or actual, imposed by the Board of Managers
of the Association to meet the common expenses. The assessments shall be made
according to each owner's percentage interest in the general common elements as
is set forthe in Exhibit B; provided however that notwithstanding anything else
herein contained to the contrary, for so long as the Employee Unit, as described
in paragraph 33.2, is deed restricted as described in paragraph 33.2, the owner
of that unit, i.e. the Declarant, shall not be assessed for common expenses. Re-
gardless of the foregoing, the owner of the Employee Unit and the unit's occupants,
tenants and guests shall be entitled to use all of the common elements tp the same
extent as any other owner, occupants, tenants and guests. In the event that the
deed restriction on the Employee Unit is ever terminated, then the owner of that
unit shall thenceforth be assessed for common expenses. These same provisions
shall apply to anJ additional deed restricted Employee Unit which may be constructed
as provided for in Paragraph 3.5, above. Except as otherwise herein provided,
the limited common elements shall be maintained as general common elements, and
owners having exclusive use thereof shall not be subject to any special charges
or assessments for the repair or'maintenance thereof. Assessments for the estimated
common expenses shall be made at least semiannually and shall be due immediately
upon receipt. The Mana&ing Agent or Board of Managers shall prepare and deliver
,or mail to each owner a statement for the estimated or actual common expenses.
In the event the ownership of a condominium unit by grant from the Declarant
commences on a day other than the first of the month, the assessment for that
month shall be prorated.
The assessments made for common expenses shall be based upon the cash re-
quirements of the Condominium Project as the Managing Agent, or,if there is no
Managing Agent, then the Board of Managers of the Association shall from time to
time determine. The assessments shall'provilile for the payment of all estimated
expenses growing out of or connected with ~he maintenance, repair, operation,
additions, alterations, and improvements of and to the general common elements,
which sum may include, but shall notDe,limited to, expenses of management; taxes
and special assessments until separately assessed; premiums for fire insurance
with extended coverage and vandalism and malicious mischief with ,endorsements
attached issued in the amount of the maximum replacement value of all of the con-
dominium units (including all fixtures; interior walls and partitions; decorated
and finsished surfaces of perimeter walls, floors and ceilings; doors, windows
and other elements or materials comprising a part of the units) casualty and public
liability and other insurance premiums; landscaping and care of ground; snow re-
moval; common electricity, common water, common sewer, common lighting and common
heating; repairs and renovations; trash collections; legal and accounting fees;
management and rental fees; expenses and liabilities incurred by the Managing Agent
and Board of Managers on behalf of the unit owners under or by reason of this
Declaration and the By-Laws of the Association; for any defecit arising or any
deficit remaining from a previous period; the creation of reasonable contingency,
reserves, working capital, and sinking funds as well as other costs and expenses
relating to the general common elements. The omission or failure of the Board
of Manageres to fix the assessment for any period shall not be deemed a waiver,
modification or a release of the owners from their obligation to pay the same.
22. Insurance
22.1 The Board of Managers' of the Association shall obtain and maintain
at all times, to the extent obtainable, policies involving standard premium rates,
written with companies licensed to do business in Colorado, covering the risks
set forth below. To the extent possible, the Board of the Association shall not
obtain any policy where: (i) under the terms of the insurance company's charter,
by-laws or policy, contributions or assessments may be made against any mortgagee,
the Association or the Unit owners; or (ii) by the terms of the carrier's charter,
by-laws or policy, loss payments are contingent upon action by the company's
Board of Directors, policyholders or members; or (iii the policy includes
any limiting clauses (other than insurance conditions could
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ceeds. The types of coverages to be obtained and risks to be covered are as
follows, to wit:
22.1.1 Fire insurance with extended coverage and all risk endorsements,
which endorsements shall include endorsements for vandalism, malicious mischief,
boiler explosion and machinery if appropriate. Said casualty insurance shall
insure the entire condominium project and any property, the nature of which is
a common element (including all of the Units, fixtures therein initially installed
by the Declarant but not including furniture, furnishings or other personal
property supplied by or installed by Unit Owners) together with ,all service
equipment contained therein in an amount equal to the full replacement value, with-
out deduction for depreciation. All policies shall contain a standard non-contrib-
utory mortgage clause in favor of each mortgagee of a Condominium Unit, which
shall provide the loss, if any, thereunder, shall be payable to the Association
for the use and benefit of mortgagees as their interest may appear.
22.1.2 Public liability and property damage insurance in such limits as
the Board of Directors of the association may from time to time determine, but
not in an amount less than $100,000.00 per person, and $300,000.00 ,per occurrence,
coveriJilgall claims for bodily injury or property damage. Coverage shall include,
without limitation, liability for personal injuries, operation of automobiles on
behalf of the Association, and activities in connection with the'ownership,
operation, maintenance and other use of the project.
22.1.3 Workmen's Compensation'and employer's liability insurance and all
other similar insurance with respect to employees of the Association in the amounts
in the forms now or hereafter required by law.
22.1.4 The Association may obtain insurance against such other risks, of
a similar or dissimilar nature, as it shall deem appropriate with respect to the
Condominium Project, including innkeepers insurance, plate or other glass insurance
and insurance of any personal property of the Association located thereon.
22.2 All policies of insurance to the extent obtainable shall contain waivers
of subrogation and waivers of any defense based on invalidity arising from any
acts of a Condominium Unit owner and shall provide that such policies may not be
cancelled or modified without at leaset ten (10) days prior written notice to all
of the insureds, including mortgagees. Duplicate originals of all policies and
renewals thereof, together with proof of payments of..]?remiums, shall be delivered
to all mortgagees requesting same at least ten '"(lO);\days prior to expiration of
the then current policies. The insurance shall be carried in blanket form naming
the Association as the insured, as attorney-in-fact for all of the Condominium
Unit owners, which policy or policies shall identify the interest of each Condo-
minium, Unit owner (owner's name and Unit number designation) and first Mortgagee.
22.3 Prior to obtaining any policy of fire insurance or renewal thereof,
the Board of Managers of the Asssociation shall obtain an appraisal from a duly
qualified real estate or insurance appraiser, which appraiser shall reasonably
estimate the full replacement value of the entire Condominium Project, without
deduction for depreciation, for the purpose of determining the amount of the in-
surance to be effected pursuant to the provisions of this insurance paragraph.
In no event shall the insurance policy contain a co-insurance clause for less
than ninety percent (90%) of the full replacement cost. Determination of maximum
replacement value shall be made annually by one or more written appraisals to be
furnished by a person knowledgeable of replacement cost, and each mortgagee
requesting a copy shall be furnished with a copy thereof, within thirty (30) days
after receipt of such written appraisals. Such amounts of insurance shall be
contemporized annually in accordance with their currently determined maximum
replacement value.
22.4 Unit owners may carry other insurance for their benefit and at
their expense, provided that all such policies shall contain waivers of subrogation,
and provided further that the liability of the carriers issuing insurance obtained
by the Board of Managers shall not be affected or diminished by reason of any
such additional insurance carried by an Unit owner. '
22.5 Insurance coverage on any fixtures not initially installed in any Unit
by the Declarant and any furnishings; including carpet, draperies, wallpaper, and
other items of personal or other property belonging to an owner and public
liability coverage within each Unit shall be the sole and direct responsibility of
the Unit owner thereof, and the Board of Managers, the Association and/or the
~~naging Agent shall have no responsibility therefor.
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;1--l....~;22.6 In the event that there sh;;:J.l b., any damage or
I destruction to or 105~, to a lJni t ~.'hi,c:h exceeds $l! 000.00 or
'I any damage o?"'\estruction. to, or loss t~he common' clements
: which exceeds $10,000.00, thGn notice at such damage or loss
II shall be <jiven by the I\s"oci.1tion to each first mortgagee of
ii' said Condominium Unit within ten (10) days after the OCcur-
I renc~ of such ev.ent.
, '23: ' Owner's Personal Obliqation for Payment of
Assessments. The ilmbunt'of the common expenses assessed,
against eachcondo~inium unit shall,be the personal and indi-,
vidual debt"of the owner thereof. 'No owner may exempt himself'
from liability for his contribution towards the common
, e'xpenses ,by ,waiver of the use or' enjoyment of any of the
common elements or by abandonment of his unit. ,Both the,Board
of Managers and Managing ]I,gent shall l,ave the responsibility
to take ,prompt action, to collect any unpaid assessment, which
remains unpaid, more than fifteen (15) days from the d,ue date
for payment thereof. "In the event of default i,n the payment
of the, as~essment, the unit ovmer shall be obligated to pay,
interest at. the rate of eighteen percent (18%) per annum on
the amount 'of the assess,ment from the due date thereof,
together with 'all expenses, incluoing attorney's fees '
incurred, together ,with s,uch late charges as provided by the
By-Laws of the Association. Suit to recover a money judgment
for unpaid Common expenses shall be maintainable without
,foreclosing or ~Iaiving the lien securing same. The Board of
Managers shall have the dlity, right, power and authority to
,prohibit'the use of the limited and general common elements by
an owner, his guests, tenants,' lessees and invitees in the
event that any assessment made remains unpaid more than ,thirty
(30) days from the due date for payment thereof.
24. Assessment Lien and Foreclosure. All sums assessed
bui;: unpaid for the share of common expenses chargeable to any
condominium unit shall cons'titute a lien on such unit superior
to all other liens and encumbrances.. except only for tilX and'
special assessment liens on the unit in favor of any assessing
unit, and all sums unpaid on a first mortgage or first deed of
trupt of record, including all unpaid obligatory sums as may
be provided by such encumbrance. To evidence such lien, the
Board of f.lanagers or the f.lanaging Agent shall prepare a
written notice of lien assessment setting for'th the amount of
'I such u:1paid indebtedness" the name of the owner of the cODdo-
minium'unit and a description of the condominium unit. Su~h a
i notice shall be signed by one of the Board of Managers or by
II! o'ne of the officers of the Association or by the t,janaging
Agent and shall be 'recorded in the office of the Clerk and
i' Recorder of Pitkin County, Colorado. Such lien for the COJ:1!nOl1
'I eXpE;nses shall attach from the date of the failure of payment
Ii of the assessment. ~uch lien may be enforced for the fore-
I! closure of the defaulting owner's condominium unit by 'the
Ii r,ssociation in like manner as a mortgage or deed of trust on
real property'subsequent to the recording of a notice or clciim
thereof. In any such proceedings the owner shall be required
,to pay the Association the assessments for the condominium
unit during the period of foreclosure, and the Association
shall be entitled' to a receiver to collect the sanie. The
Association shall have the pOller to bid in~the condominium
unit at foreclosure or other legal sale and to acquire and
hold, lease, mortgage, vote the votes appurtenant to, convey
or othenvise deal Vlith the seIne. I\ny encumbrancel.- holding a
lien on a condominium unit may pay, but shall not be required
to pay, any unpaid con~cn expenses payable with respect to
such unit, and upon such payment' such encumbrancer shall have
a lien on such unit for the amounts paid of the sal1le rank as
the lien of his encumbrance. Upon request of a mOl.-tgagee, the
Association shall report to the mortgagee of a con~ominium
unit any unpaid assessments remaining unpaid for longer than
tVlenty-five days after t!1e same <;re due; provided, h01vever,
that a mortgagee shall h2vefurnl.shed to the Managj,l1g I\gent or
the Board of Managers notice of such encumbrance.
25. Liebi 1 i ty fel' Common r::>:penscs,. Upon Tr~.!2.0.f~~I' of
Condomi!1i~m Uni t is ':;oint. Upon paYl7icnt to the 1'~,!l"i<JTi\<J
Asent, or if there is no 0anosing Agent, then to rl,~ I\nsocia-
tion of a reasonable fce,and upon the written req\ll':1t of any
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owner or any mortgagee or prospective mortgag~e of a'
condominium unit, the Association, by its Managing Agent, or
if there is no Managing Agent then 'by 'the financial officer of
the Association shall issue a .lri'tten statement setting forth
the amount of the unpaid common expenses, if any, with respect
to the subject unit, the amount 'of the current assessment and"
the date ,that such assessment becomes due, credit for any
advanced payments of common assessments, for prepaid items,
such as insurance premfums, but net including accumulated'
'amounts for reserves" or sinking' funds, if any, .lhich statement
shall,be conclusive upon the Association in favor of all
persons who rely thereon in good faith. Unless such request
for a' statement of indebtedness ,shall be complied '.lith within
ten (10) days", all unpaid common expenses which become due
prior to the date of,' making such request shall be subordinate
to the rights of the person requesting such statement. The
grantee of a condominium unit" except for any first mortgagee
who comes into possession of a condominium unit pursuant to
the, remedies provided in its mortgage or becomes an owner of a
condominium unit pursuant 'to foreclosure of its mortgage or by
the taking of a deed in lieu thereof, shall be jointly and
'severally liable with the grantor for all unpaid assessments
against the latter for the unpaid common assessments 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 therefor; provided, ,however, that upon payment:
of, a reasonable fee as'is h~reinabove' provided,' and llpon' -,
written request, any such ,prospective grantee shall be
entitled toa statement from the'Ma~aging Agent, or if there
is'no Managing Agent, then from the Association, setting forth
the amount of the unpaid assessments, if any, with respect to
the subject unit, the amount of the current assessment, the
date that such assessment becomes du~, and credits for any
advanced payments of common assessments', prepaid items, such
as insurance premiums, which statements shall be conclusive
upon the 'Association. Unless such request for such a state-
nlcnt shall be complied .Iith ~Iithin ten (10) days of such
request, then such requesting grantee shall not be liable for,
nor shall the unit conveyed '~'be subject to a lien for any
unpaid assessments against the subject unit. The provi.sions
set forth in this parag~'aph shall not apply to the initial
sales and conveyances of the condominium units made bybeclar-
ant, and such sales shall be free from COlr.mon expenses to the
date of conv.eyance made or to a date as agreed upon by Declc"r-
ant and Declarant's grantee.
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I 26.1 That any such junior mortgages shall always be
'; subordinate to all of the terms, conditions, covenants, re~.">
!: stJ:i~tions, uses, limitations, obligations, liens for common '
Ii expenses and other obligations created by this Declari;ltion, "
I the Articles of Incorporation and the By-Laws for the Associa-
I tion.
26. ~lortgaqing a Condominium Unit - Priority. An OImer
shall have the right from time to time to mortgage or encumber
his interest by ,deed of trust, mortgage o~ other security
instrument. :A first mortgage shall be one ~lhich has first and
paramount priority under applicable la\'I. "The mmer of a
condominium unit may create junior mortgages, liens or encum-
br~nces on the following conditions:
,26.2
re 1 ease,'
upon the
inb~rest
'l'l)at the mortgagee under any junior mortgage shall
for the purpose of restoration of any improvements
mortgaged premises, all of his right, title and
in and to the proceeds under all insurance policies
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upon said premises by the 1.ssoGiation. Such release shall be
furnished forthwith by a juni.or mortgagee Ur)on written request
of one or more of the members of the Board of Managers of the
Association~
27. Association as Attorney-in~fact.
does hereby make mandatory the irrevQcable
attorney-in-fact to'deal with.the, property
destruction :or 'obsolescence.
This Declaration '
appointment of an
upon its damage"
Ti tIe to allY condominium unit is declared' and' expressly
'made subject to the te~ms and coriditions hereo,f, and' accep-'
'tanceby any grantee of a deed or other instrument of con-
veyance fromthe'Declarant or from any owner or grantor 'shall'
constitute appointment of the attorney-in-fact herein pro- '
vided. All'of the owners irrevocably constitute ,and appoint
the Association their true and lawful attorney in their name,
place and stead fOr the purpose of dealing with the property
upon its,damage, destruction or obsolescence as is hereinafter
provided. As attorney-in-fact, the Association, by its Pres i-
dent and Secretary or Assistant Secretary, shall have full and
complete authorization, right and pm/er to make, execute and
deliver any contract, deed or any ,other instrument with.
respect to the interest qf a condominium unit owner which are
necessary and appropriate to exercise the powers he~ein
granted. Repair and reconstruction of the improvements as
used in the succeeding subparagraphs means 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 having substantially the same
vertical and horizontal boundaries as before. The proceeds of
I any insurance collected shall be available to the Asso.ciation
'for the purpose of repair, restoration or replacements unless
the owners and all first mortgagees agree not to. rebuild in
I accordancewitil the provisio.ns set fo.rth hereinafter.
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27.1 In the event of damage o.r destruction due to fire or
other disaster, ,the insurance proceeds, if ~ufficient to.
reconstruct the improveme~ts, shall be applied by the Associ-
ation, as attorney-in-fact, to cause the repair and restora-
tion of the imprcvements.
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27.2 If the insurance praceeds are insufficient to repair
and reccnstruct the improvements,' such damage or destructicn
shall be proO!1ptlyrepaired and reconstructed by the r.ssoci-
ation, as attorney-in-fact, using the proceeds af insurance
and the proceeds of an assessment, if the insurance proceeds
are insufficient, to be made i'lgainst all of the owners and
their condominium units. Such c'leficiency asseSSment shall be
a common expense' and made pr.o rata according to each o.mer's
percentage interest in the general common elements and shall
be due and payable wi thin thirty (30) days after \~ri tten
notice ther.eof. The Ass-ociation shall have full autho.ri ty,
right and power,' as atlorney-in-fact, to. cause the repair or
restoration of ,the improvements using all'of the insurance
proceeds for such purpose notl~ithstanding the failure of an
owner to pay the assessment. The assessment provided for '
herein shall be a debt of each o\.merand a lien on his condo-
minium unit and may be enforced and collected as is provided
in paragraph 24. . In addition thereto, the P.ssociation, as
attorney-in-fact, sha~l have the, absolut,e right and power to.
sell the condominium unit of any OWller refusing or fail ing to
pay such deficiency assessment, IVithin the time provided, and
if not so P?id, the Association shall cause to be recorded a
notice that the condo.minium unit of the delinquent owner shall
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be required to pay the Association the Gosts and expenses for
filing the notices" interest on the amount of the assessment
, at the rate of eighteen percent (18%) and all reasonable
attorneys' fees and costs incident to a sale. The proceeds
derived from the sale, of , such, condominium unit shall be used
and disbursed by the Association, asattorney~in~fact,in the
following order:
27.2.1 For payment of taxes and special assessments
liens in favor of any assessment entity and cu:;;tomary'expense
of sale;
27.2.2 For payment O('the balance of the ,lien of
any first mortgage;
27.2.3 For ,paYment of, unpa:td common expenses and
all cbsts, expenses and fees incurred by the Association;
27.2.4' For payment,of junior liens and encumbrances,
,in the' order of and to ,the extent of' their priority;- and
27.2.5 The balance, if any, shall be paid to the
uni t owner.
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27.3 Notwithstanding Section 27.2, supra, if the insur-
ance proceeds are insufficient to repair and reconstruct the
improvement(s), all of the owners and the first mortgagees of
record may agree not to repair or reconstruct the improve-
ments; and in such,event, t~e Association shall forthwith
record a notice setting forth such fact or facts; and upon the
recording of such notice by the AssQciation's President; and
Secretary or Assistant Secretary, the entire Condominium
Project shall be sold by the Association pursuant to the
provisions of this paragraph, as attorney-in-fact for all of
the owners, free and clear of the provisions contained in this
Declaration, the Hap, Articles of Incorpora tion ,~nd By-Laws.
Ass'~ssments for' common exp(~nses shall not be abated dUl'ing the
period prior to sale. The insurance settlement proceeds shall
be collected by the Association, and such proceeds shall be
divided by the Association according to each ocmer's'interest
in the common elements, and~uch divided proceeds shall be
paid into separate accounts, each such account representing
one of the Condominium Units. Each such d.ccount shall be in
the n~me of the Association, and shall be further identified
by ,:the Condominium Unit designation and the nal:;e of the OIInG::-.
From each separate account the Association, as attorney-in-
fact shall forthwith use and disburse the total amount of each
of such accounts, without contribution from one account to
another, toward the partial or full payment of the lien of any
first mortgagee encumbering the Condominium Unit rEcpresented
by such separate account. Thereafter, each such account shall
be supplemented by the apportioned amount of the proceeds
obtained from the sale of the entire proper,ty. Such appor-
tionment sha 11 be based upon each Condominium Unit OImer' s
interest in the common elements. The total funds of each
account shall be used and disbursed, \<li thout contribution I
from one account to another by the Association, as attorney-
in-fact, for the same purposes and in the same order as is
provided in sUbpar.agraphs '( 27.2.1) through (27.2.5) of this
paragraph.
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27.4 The owners representing an aggregate ownership
interest of seventy-five percent (75%), or more, of the
general common elements may agree that the,general common
elements are obsolete and adopt a plan for the renewal and,
reconstruction, which plan has the unanimous approval of all
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first mortgagc0.s of record, a I: the time of the adoption of such
plan. If ,a plan for the renCI'I.:i 1 or reconstruction is adopted,
notice of such plan shall be recorded, and the expense of
renewal and reconstruction shall be payable 'by all of the
owners' as common expenses; provided, however, tha't' an Owner
nota party to such'a plan for ,renewal or reconstruction may'
,give written notice:'to the Association within fifteen{l5)
days after the date ofad6ption of such plan that such unit
shall' be purchased 'by the Association for the fair market
value thereof. The' Association shall then, have thirty (30)
'days' (therE7after) withill. which to cancel such plan. If such
plan is:not cancelled,: the condominium unit of the requesting
owner shall be purchased according to the following pro-
cedures ~ If such owner and the Association can agree on 'the
fair market value, thereof,' then such sale shall be consummated
within thirty (3D) days thereafter. If the parties are unable
to agree, the date when either party notifies the other that
he or it is unable to,agree with the other shall be the
"commencement date" from which all periods of time mentioned
herein shall be measured. Within ten (10) days follo~ing the
commencement date, each party shall ,nominate in writing (and
give notice of such nomination to the other party) an appraiser.
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 appraiser.
If the ,tJ.1odesigna ted or selec,ted appraisers are unable, to '
agree, they shall appoint another appraiser, to be umpire
between them, if they can agree on such person. If they are
unable to agree upon such umpire, each appraiser previously
I appointed shall nominate two appraisers, and from the names of
I the four appraisers so nominated one shall be drawn by lot by
I the appraiser appointed by the OVl!1er in the presence of the
, 'other appraiser, and the person \'Ihose name was so drawn shall
! be the umpire. The nominations from whom the umpire is to be
I drawn by lot shall be submitted within ten (10) days of the
II failure of the tV10 appraisers to agree, which, in any event,
II shall not be later than tV/enty (20) days follOldng the appoint-
II ment, of the second appraiser. The decision of the appraisers
I as to the fair market value, or in the case of their disagree-
I ment, then the decision of the umpire, shall be final and
'I binding. The expenses arid fees of such appraisers shall be
I borne equally by the Association and the owner. The sale
" shall be consummated wi thin fifteen (15) .days therea.fter, and
" the Association, as Attorney-in-fact, shall disburse the
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:1 proceeds for the same purposes and in the same order as is
provided in subparagraph 27.2.1 through 27.2.5 of this para-,
graph, except as modified herein.
27.5 The owners representing an a9gregate ownership
interest of seventy-five (75%), or more, of the general commen'
elements, with the consent of all first nlortgagees of record
at that time, may agree.'that the condominium units are
obsolete and that the same should be sold. In such instance,
the, Association shall forthwith record a notice setting forth
such fact or facts, and upon the recording of such notice by
the Asso(Hation' s President and Secretary or Assistant Secre-
tary, the entire premises shall be sold by' the Associ.ation, as
Attorney-in-fact for all of the owners, free and clear of the
provisions contain.ed in this Declaration, the Map and the
By-Laws. The sales proceeds shall be apportioned between the
owners on the basis of each OImer' s percentage interest in the
general common elements, and such apportioned proceeds shall
be paid into separate accounts, each such account representing
one (1) condominium unit and each such account shall be in the
name of the hssociation and shall be further identified by the
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Condominium unit designation ,and the name of the owner. From each separate
account, the Association, as Attorney-in-fact, shall use and disburse the total
amount (of each) of such accounts, without contribution from one account to an-
other, for the same purposes and in the same order as is provided in subparagraph
27.2.1 through 27.2.5 of this paragraph.
28. Personal Property for Common Use. The Association, as Attorney-in-
fact for all of the owners, may acquire and hold for the use and benefit of all
of the condominium unit owners, real, tangible and intangible personal property
and may dispose of the same by sale or otherwise. The beneficial interest in
any such property shall be owned ,by all of the condominium unit owners in the
same proportion as their respective interest in the general common elements, and
such interest therein shall not be transferable except with a transfer of a con-
dominium unit. A transfer of a condominium unit shall transfer to the transferee
ownership of the transferor's beneficial interest in suchproperty without any
reference thereto. Each owner may use such property in accordance with the purpose
for which it is intended without hindering or,encroaching upon the lawful
rights of the other owners. The transfer of title to a condominium unit under
foreclosure sha llentitl e the purchaser to the benefi ci a 1 interest in such
personal property associated with the foreclosed condominium unit.
29. Registration of Mailing Address. Each owner shall register'his maning
address with the Association, and all notices or demands, except routine statements
and notices, intended to be served upon an owner shall be sent by certified man,
postage prepaid, addressed in the name of the owner at such registered mailing
address. If more than one person or entity owns a Unit, the Unit owners shall
register one address only with the Associatin and that address shall be deemed
the registered address for all owners of the Unit. All notices, demands or
other notices intended to be served upon the Board of Managers of the Association
or the Association shall be sent certified mail, postage prepaid, to the mailing
address of the Association in Pitkin County, Colorado.
30. Period of Condominium Ownership. The separate condominium estates
created by this Declaration and the Map shall continue until this Declaration
is revoked or terminated in the manner provided in this Declaration.
31. General'Reservations. Declarant reserves the right to establish
easements, reservations, exceptions and exclusions consistent with the condominium
ownership of the condominium project and for the best interests of the condominium
unit owners and the Association in order to serve the entire condominium project.
32. Recreational Facilities. The major recreational facilities which
are to be common elements are as follows: a recreation room, t.v. room, readiing
room and Jacuzzi. The recreational facilities are avaiiable for use by the owners,
thier guests, tenants, family, and invitees, subject to the requirements of this
Declaration, and By-Laws, and the Rules and Regulations. There shall be no
fees or charges for such use in addition to the assessments described herein.
33. Maintenance of Lodge Facil ity. Decl arant for itsel fand its grantees,
successors and assigns hereby acknowledges that by virtute of the establishment
of this condominium project as a "Condominiumized Lodge" [pursuant to the pro-
visions of Ordinance No. 14 (Series of 1980), 'and specifically Sections 20-23
adopted by amendment to Chapter 20 of the Municpal Code of the City of Aspen,
Colorado, as such Ordinance and Municipal Code are presently constituted] use
and maintenance of the common elements are restricted by the provisions of such
Ordinance and Code which restrictions are fully set forth in this paragraph 33;
use of the Units are restricted by such Ordinance and Code, which restrictions
are fully set forth in paragraph 3.7, above, and in this paragraph 33; maintenance
of the Condominium Project as a lodge facility is required by such Ordinance
and Code, which requirements are fully set forth in this paragraph 33; and, re-
quiredcby such Ordinance and Code, which requirements are fully set forth in
paragraph 3.7, above, and in this paragraph 33.
33.1 The Units shall remain in the short-term rental market to be used
as temporary accommodations available to the general tourist market. This
condition may be met by inclusion of the Units, at comparable rates, in any local
reservation system for the rental of lodge units in'the City of Aspen,
Colorado. Paragraph 3.7, above, sets forth the restrictions relative to a
Unit owner's personal use of a Unit.
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, 33.2 The Association shall provide a minimum of two (2) pillows of employee
housing. As used herein, "pillow"'means sleeping accommodations for one (1) ,
person. The Unit designated on Exhibit B and on the Condominium map as the"
IEmployeeUnit" shall be leased by the Association from the Declarant (for a
rental price set in accordance with Pitkin County employee housing gUidelines,
based upon square footage of that unit and its proportionate share of common
area) and shall be deed restricted so as to provided for the'employee housing
as required by this,paragraph 33.2. Such Employee Unit shall be utilized solely
for the purposes hereinabove set forth and shall not be utlized for rental,
purposes.
33.3 The Association shail provide on-site management and maintenance
and other tourist accommodation servi ces for the management and operation of
the common elements and for the compliance with the provisions and restrictions
of such Ordinance and Code, superior in qualitiy and quantity to those provided
by The Edelweiss Lodge during the three years prior to the date of this Dec- ' ,
laration, MOUNTAIN HOUSE to be' a reconstruction of that Edelweiss Lodge.
Specifically, the following minimum tourist services shall be provided by the
Association or contracted for by the Association in order to comply with the
requirements of such Ordinance and Code, all of which services shall be deemed
condominium common expenses:
(a) On-site management from 8:00 am to 8:00 pm seven days a week between
December 17 and March, :31, and between June 21 and Labor Day of each year;
(b) Year roUnd on-site caretaker. 'twenty-four hour services on call.
(c) A continental breakfast between, December 17 and March 31, and between
June 21 and Labor Day of ,each year:
(d) The following amenities shall be available to the lodge guests: con-
tinental breakfast, apres ski drinks and hors d'oeuvres (during high' season)
Jacuzzi, recreation room, reading room and large screen cable tv.
(e) Front desk service between 8:00 am and 8:00 pm seven days per week
between December 17 ,and 'March 31 and between June 21 and Labor Day of each
year.
33.4 The common areas of the Condominium Project shall remain common areas
and the Condominium Project shall be maintained in a manner consistent with its
character as of the date of this Declaration. Any changes, alterations or
renovations made to common areas shall not diminish the 'size or qual ity of the
common areas.
33.5 In order to comply with the provisions of such Ordinance and Code,
the Declarant agrees for itself and its successors, grantees and assigns that
the personal property, furniture and fixtures (including, but not limited to"
furniture. fixtures, decorations, wall surfacing, window covers, bathroom
fixtures and carpeting) ,contained within each Unit shall be maintained in a
uniform, first class condition comparable to such condition as of the date of
this Declaration. The Board of Managers of the Association shall decide when
and how'such personal property, furniture and fixtures shall be maintained and/or
replaced and the respective Unit owners shall' comply with such decisions of the
Board. The Board shall notify a Unit owner of any such decisions and such Unit
owner shall have thirty days within which to commence compliance with such
decisions, and full compliance shall be made with the ensuing sixty day period.
Payment for the maintenance and replacement of such furniture, fixtures and
personal property within the Units shall be the responsibility of each respec-
tive Unit owner. The Association shall not be responsible for such payment
and the common elements shall not be subject to lien as a result of non
payment by any Unit owner. In the event that a Unit owner fails to comply
with the decisions, of the Board, as required by this paragraph 33.5, the Asso-
ciation may replace and/or maintaan the said furniture, fixtures or personal
property wtihin a Unit in order to maintain such uniform and first class con-
dition. In such event, the Unit owner shall reimburse the Association for all
monies expended thereby, including a service charge in the 'amount of twenty per-
cent of such monies expended, within three days of delivery of notice to the
Unit owner of such monies expended by the Association on behalf of the Unit
owner. In the event a Unit owner does not so timely reimburse the Association,
the Association shall have a lien on the Unit foreclosable pursuant to the
provisions contained in paragraph 24 above.
Code,
class
33.6
and in
1
In order to comply with the provisions of such Ordinance and
be maintained as a first
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agrees for, itself, and its successors, grantees and assigns, that the following
requirements will be complied with:
(a) If a Unit owner desires to sell a Unit, the
showing of the Unit to ,prospective purchasers shall
be done through appointment with the front desk
management only, in order that any lodge guests in
'the Unit not be inconvenienced.
(b) A Unit owner's reservation of any days to be utilized
for personal use during any given high season as set
forth in paragraph 3.7, shall be delivered in writing
to the Board of Managers or Managing Agent prior to the
twentyJfirst day ofthernorith of June preceding commencement
of such high season; A Unit owner wishing to reserve that
Unit for personal use for any time between June 21 and
Labor Day of any year shall' notify the Board of Managers
or Managing Agent prior to January 1 of that year. During
any other time of year, a Unit owner shall make any personal
use of that Unit by special arrangement with the Board of
Managers or Managing Agent.
33.7 No violation or breach of, or failure to comply with, any provisions
of this paragraph 33 and no action ,to enforce any such provision shall affect,
defeat, render invalid or impair the lien of any mortgage, deed of trust or
other lien on any Condominium Unit taken in good faith and for value and per-
fected by recording in the office of the County Clerk and Recorder of Pitkin
County, Colorado, prior to, the time of recording in said office of an instrument
describing the Condominium Unit and listing,the name or names of the owner or
owners of fee simple title to the Condominium ,Unit and giving notice of such
violation, breach or failure to comply or acti.on to enforce affect, defeat,
render invalid or impair the title or interest of the holder of any such
mortgage, deed of trust, or other lien or the title or interest acquired by
any purchaser upon foreclosure of any such mortgage, deed of trust or other
lien or result in any liability, personal or otherwise, of any such holder or
purchaser. Any such purchaser on foreclosure shall, however, take subject to
this Declaration except only that violations or breaches of, or failures to
comply with, any provisions of this paragraph 33 which occurred prior to the
vesting of fee simple title in such purchaser shall not be deemed breaches
or violations hereof or failures to comPly herewith with respect to such purchaser,
his heir, personal representatives, successors or assigns.
34. General. '
34.1 If any of the provlslons of this Declaration or any paragraph,
sentence, clause, phrase or word, or the application thereof in any circumstance
be invalidated, such invalidity shall not affect the validity of the remainder
of the Declaration, and the application of any such provision, paragraph,
sentence, clause, phrase or word in any other circumstances shall not be affected
thereby.
34.2 The provisions of this Declaration shall be in addition to and
supplemental to the Condominium Ownership Act of the State of Colorado and to
all other provisions of law.
34.3 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 incl ude all genders.
34.4 The provisions of thi,s Declaration shall be liberally construed
to effectuate its purpose.
34.5 The sale or lease of a Condominium Unit shall be subject to the
covenants, restrictions and requirements contained in this Declaration and
the By-Laws, but there are no rights of first refusal on sale.
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IN WITNESS WHEREOF, Declarant has duly executed this Declaration
this day of 1983.
Declarant:
LONGRUN, L TO.,
A Colorado Limited Partnership
By:
a General Partner
l-lountain House
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BY-LAWS
OF
THE MOUNTAIN HOUSE CONDO~INIUM ASSOCIATION
ARTICLE I
OBJECT
1. The purpose for '''hich this non-profit Association is formed is
to govern the condominium property which has been or will be submitted
to the provisions of the Condominium Ownership Act of the State of
Colorado b~ the recording of the declaration and supplements thereto
and maps and supplements thereto bearing the name associated with the
Association.
"
2. All present or future owners, tenants, future tenants; or any
other person that might use or have an interest in any manner in the
facilities of the project located on the property therein described
are subject to the regulations set forth in these By-Laws. The mere
acquisition or rental of any of the condominium units (hereinafter
referred to as "uni ts") or the mere act of occupancy of any of said
units will signify that these By-Laws are accepted, ratified, and will
be complied with.
ARTICLE II
MEMBERSHIP, VOTING, ~~JORITY OF OWNERS, QUORUM, PROXIES
1. Membership: Except as it is otherwise provided in these By-Laws,
pwnership of a condominium unit,is required in order to qualify for
membership in this Association. Any person on becoming an owner of a
condominium unit shall automatically become a member of this Association
and be subject to these By-Laws. Membership shall terminate without any formal
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Association action whenever a person ceases to own a condo-
minium unit. Provided, however, such termination shall not
relieve or release any such former owner from any liability or
obligation incurred under or in any way connected with this
Association during the'period of such ownership and membership
in the Association. Termination shall not impair any rights or
remedies which the unit owners have, either through the Board
of Managers or the Association or directly, against such
former owner and member arising out of orin any way connected
with ownership and membership and the covenants and obli-
gations incident thereto.
2. Voting: Voting shall be based upon the percentage of
the undivided interest owned by each unit owner in all of the
general common elements. The ownership interest allocable to
each unit shall be set forth in the Condominium Declaration.
The aggregate of all of the undivided interests in the general
,
.
common elements shall be considered one hundred (100%) percent
I
for voting purposes. Cumulative voting is prohibited. Un1'ess
specifically set forth herein to the contrary, when a vote of
the members requires that a certain percentage of votes be
cast for approval, it shall be a percentage of the undivided
interests in the general common elements, not a percentage of
the total members' in the Association.
3. Ma;ority of Unit Owners: As used in these By-Laws
the term "majority of unit owners" shall mean more than fifty
(50 %) percent of the undivided ownership of Hthe-gerieral 'COmmon
elements.
4. Quorum: Except as otherwise provided in these
By-Laws, the presence in person or by_proxy of a majority of
unit owners shall constitute a quorum. Unless otherwise
specifically set forth herein to the contrary, an affirmative
vote of a majority of the unit owners present, either in
person or by proxy, shall be required to transact the business
of the meeting, and the acts or decisions thereby undertaken
shall be binding on all unit owners.
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5. Proxies: Votes may be cast in person or by proxy.
Proxies must be filed with the Secre~ary before the a'ppointed
time of each meeting.
ARTICLE III
ADMINISTRATION
1. Association Responsibilities: The owners of the
units will constitute the Association of unit owners, herein-
after referred to as "Association", who will have the respon-
sibility of administering the project through a Board of ,~
Managers.
2. Place of Meeting: Meetings of the Association shatl
b~ held at such place within the State of Colorado as the
Board of Managers may determine.
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3.', Annual Meetings: The first meeting of the ,Association
shall be held on the ~~t
Friday during the month of March in
the year following the incorporation of this Association.
Thereafter, the annual meetings of the Association shall be
held on the "las,t.~ Friday during the month of March of each
succeeding year, or on a more convenient date as' determined by
the Board of Managers. At such meeting there shall be elected,
by ballot of the owners, a Board of Managers in accordance
with the requirements of Section 5 of Article, IV of these
By-Laws. The owners may also transact such other business of
the Association as may properly come before them.
4. Special Meetings: The President may call a special
meeting of the owners upon his own initiative or as directed
by resolution of the Board of Managers or upon receipt of a
petition signed by at least one-third (1/3) of the owners.
The notice of any special meetings shall state the time and
place of such meeting and the purpose thereof. No business
except as stated in the notice shall be transacted at a special
meeting unless by consent of two-thirds (2/3) of the owners
present, either in person or by proxy. Any such meeting shall,
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be held at such place and time as, the President determines
within thirty (30) days after receipt by the President of such
resolution or petition.
5. Notice'of r1eetings: The Secretary shall mail or
deliver a notice of each annual or special meeting, stating
the purpose thereof as well as the time and place it is to be
held, to each owner of record, at least ten (10) but not more
than thirty (30) days prior to such meeting. The mailing of a
notice in the manner provided in this paragraph or the,del.ivery
of such notice shall be considered notice served.
6. Adiourned Meetings: If any meeting of owners cannot
be organized because a quorum has not attended, the owners ,who
are present, either in person or by proxy, may adjourn the
meeting, from time to time, until a quorum is'obtained.
7. Order of Business: The order of business at the
annual meetings of the owners.of units shall be as follows:,
(a) Roll call and certifying proxies.
,
(b) Proof of notice of meeting or waiver of notice.
(c) Reading and/or disposal of unapproved minutes.
(d) Reports of officers.
(e) Reports of committees.
(f) Election of managers.
(g) Unfinished business.
(h) New Business
(i) Adjournment.
8. Performance of Functions ~ Declarant: Notwith-
standing the provisions of paragraph 3 of Article III, the
rights, duties and functions of the Board of Managers shall,
at the Declarant's option, be exercised by the Declarant until
three~fourths (3/4) of all condominium units have been sold
and conveyed.
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ARTICLE IV
BOARD OF MANAGERS
1. Number and Qualification: At the first meeting there
shall be elected from among the unit owners three (3) members
of the Association to the Board of Managers who shall thereafter
govern the affairs of this Association until their SUCCessors
have been duly elected and qualified. The number of Managers
on the Board may be changed from time to time by vote of the
members, but the Board shall never consist of more than seven
(7) or less than three (3) members.
2. Powers and Duties: The Board of Managers shall have
the powers and duties necessary for the administration of the
affairs of the Association'an<l for the operation and maintenance
of the condominium project as a first class residential condomin-
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ium property. The Board of Managers may do all such acts and
things except as by law or by these ByLaws or by the Condominium
Declaration may not be delegated to the Board of Managers.
,
3. Other Powers and Duti.es: Such powers and duties of
the Board of Managers shall include, but shall not be limited
to, the fOllowing, all of which shall be done for and in
behalf of the owners of the condominium units:
(a) To administer and enforce the covenants, condi-
tions,restrictions, easements, uses, limitations, obligations
and all other provisions set forth in the Condominium Decla-
ration submitting the property to the provisions of the Condo-,
'"
minium Ownership Act of the State of Colorado, the ByLaws of
.
the Association and supplements and amendments thereto.
(b) TO establish, make and enforce compliance with
such rules and regulations as may be necessary for the operation
of the condominium complex and for the operation, rental, use
and occupancy of all of the condominium units with the right
to amend same from time to time. A copy of such rules and
regulations shall be delivered or mailed to each member upon
the adoption thereof.
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(c) To incur such costs and expenses as may be
necessary to keep in good order, condition and repair a~l of
the general and limited common elements and all items of
common personal property.
(d) To insure and keep insured all of the insurable
common elements of the property in ari amount equal to the
maximum replacement value. To insure and keep insured all of
the cornman fixtures, common equipment and common personal
property for the benefit of the owners of the condominium
units and their first mortgagees. Further, to obtain and
majntain comprehensive liability insurance covering the entire
premises in amounts not less than $100,000.00 per person and
$300,000.00 per accident and $50,000.00 property damages.
{e} To prepare, according to generally accepted
accounting principles, a budg~t for the condominium at least
annually, in order to determine the amount of the common
assessments payable by the unit owners to meet the common
expenses of the condominium project. To allocat~ and assess
such common charges among the unit owners according to their
respective common ownership interests in and to the general
common elements. To cause the Association to provide for,
among ~ther things, the following services to be paid for out
of the regular assessments (or special assessments if neces-
sary): The maintenance, repair, operation, additions, alterations,
and improvements of and to the general common elements, which
sum may include, but shall not be limited to, expenses of
management; taxes and special assess~ents until separately
assessed; premiums for fire insurance with extended coverage
and vandal ism and mal icious mischief wi th endorsements attached
issued in the amount of the maximum replacement value of all
of the condominium units (including all fixtures; interior
walls and p~rtitionSi decorated and finished surfaces of
perimeter walls, floors and ceilings; doors, windows and other
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elements or materials comprising insurance premiums; landscaping
and care of grounds; snow removal; common electricity, water,
sewer, lighting and heating; repairs' and renovations; trash
collections; legal and accounting fees; management and rental
fees; expenses and liabilities incurred by the Managing Agent
and Board of Managers on behal~ of the unit owners under or by
reason of the Declaration and the By-Laws of the Association;
.'. ,.-, -- "..--....
for any'defi6,it arising or any'd,eficit remaining from 'a previous
period; the creation of reasonable contingency, reserves,
,
working capital, and sinking funds as well as other 'costs and
expenses relating to the general COmmon elements. By majority
vote of the Board to adjust, decrease or increases the amount
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,of the quarterly or monthly assessments, and rem~t or return
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any excess of assessments over expenses, working capital,
sinking funds and reserve (for,rleferred maintenance and for
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replacement) to the owners at the end of each operating year.
To levy and collect special assessments whenever in the opinion
of the Board it is necessary to do so in order to' meet increased
operating or maintenance expenses or costs, or additional
capital expenses, or because of emergencies.
(f) To collect delinquent assessments by suit or
otherwise and to enjoin or seek damages from an owner as is
provided in the Declaration and these By-Laws. To enforce a
late charge of not more thim $20.00 per month. To collect
interest at the rate of eighteen (18%) percent per annum in
connection with assessments, remaining unpaid more than fifteen
(IS) days from due date for the payment thereof, together with
all expenses, including attorney's fees' incurred. 'The Board
of Hanagers shall have the duty, right, power and authority to
prohibit use of the limited and general common elements by an
owner, his guests, tenants, lessees and invitees in the 'event
that any assessment made remains unpaid more than thirty (30)
days from the due date for payment thereof.
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(g) To protect and defend in the name of the Asso-
ciation any part or all of" the condominium proj,ect from loss
and damage by suit or otherwise.
(h) To borrow funds in order, to pay for anY,expend-
iture or outlay required pursuant to the authority granted by
the provisions of the recorded Declaration and these By-Laws,
and to execute all such instruments evidencing such indebtedness
as the Eoard of Managers may deem necessary and give security
therefor (including security which may be liens upon the
common elements). Such , indebtedness shall be the several
obligation of all of the owners in the same proportion ~s
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their interest in the general common elements.
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(i) To enter into contracts to carry out their
duties and powers.
{j} To establish a bank account or accounts for the
common treasUl::y and for all separate funds which' are required
or may be deemed advisable.
{k} To maintain the. general and limited common
.
elements; to make or cause to be made repairs, replacements,
additions, alterations and improvements to the general and
limited common elements consistent with managing the condominium
project in a first class manner and consistent with the best
interest of the unit owners. However, there shall be no
additions, alterations or improvements by the Eoardof Managers.
or the Managing Agent of or to the general and limited common
elements requiring an expenditure in the excess of Five Thousand
Dollars ($5,OOO.OO) in anyone calendar year without prior
approval of a majority of the owners in writing or as reflected
in the minutes of a regular or special meeting of the owners.
Such limitat.ion shall not be applicable to the replacement,
repair, maintenance or obsolescence of any general or limited
common element or common property.
(I) To keep and maintain full and accurate books
and records sho\-ling all of t.he receipts, expenses or disburse-
ments and to permit examination thereof at convenient weekday
business hours by each of the owners, or their mortgagees, i.f
applicable.
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(m) ~0 prepare and deliver annually to each owner a
statement showing receipts, expenses or disbursements since
the last such ~tatement.
(n) To meet at least semi-annually.
(0) To designate and remove the personnel necessary
for the maintenance, operation, repair or replacement of the
common elements.
(p) In general, to carryon the administration of
this Association and to do all of those things necessary and
reasonable in order to carry out the governing and the opera-
tion of this condominium property.:
(q) To control and manage the use of all parking
areas.
(r) To employ for the Association a Managing Agent
who shall have and exercise all of' those powers granted to the
Board'of Managers
i
By-Laws which, may
from time to time by the Declaration and
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be delegated to such Managing Agent by ~he
Board of Managers; provided, ho~ever, that no such delegation
shall relieve the Board of Managers of its responsibility
under the Declaration.
4. No Waiver of Rights: The ommission or failure
of the'Association or any condominium unit owner.to enforce
the covenants, conditions, restrictions, easements, uses,
limitations, ooligations or other provisions of the Condominium
Declaration, the ByLaws or the house rules and re9ulations
adopted pursuant thereto, shall not constitute or be deemed a
waiver, modification or release thereof, and the Board of
Managers or the Managing Agent shall have the right to enforce
the same thereafter.
5. Election and Term of Office:
At the first meeting of
the Association t.he term of office of one Manager shall 1:le
fixed for three (3) years; the term of office of one Manager
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I shall be fixed for two (2) years; and the term of office of
one Manager shall be fixed at one (I) year; provided, however,
that the terms of office for not less
lof the board shall expire annually.
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than 1/3 of the members
At the expiration of the
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initial term of office of e,ach respective Hanager, he shall
serve until his successor shall have been elected and the
I ,Board of Managers shall hold their first meeting thereafter,
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except as is otherwise provided.
6. Vacancies: Vacancies in the Board of Managers caused
by any reason other than the remova 1 of a !1anager by a vote of
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the Association shall be filled by vote of the majority of the
remaining Managers, even though they may constitute less than
a qllorllmi and each person so elected shall be a Manager until
a SllcceSSor is elected at the next annllalmeeting of the
Association.
i ' 7. Removal of Managers: At any regular or special
,
meeting duly called, anyone or more of the Managers maybe
renroved with or without cause by a two-thirds (2/3) majority'
of the owners present in person or by proxy. Thereupon a
Sllccessor may then and there be elected to fill the vacancy
thus created. Any Manager whose removal has been proposea by
the owners shall be given an opportunity to be heard at the
.
meeting.
8. Organization Meeting: The first meeting of a newly
elected Board of Managers following the annual meeting of the
unit owners shall be held immediately following the annual
meeting at such place as shall be fixed by the Managers at the
meeting ,at which such Managers were elected. No notice shall
be necessary to the newly elected Managers in order legally to
constitute such meeting, providing a majority of the whole
Board be present.
9. Regular Meetings:
Regular meetings of the Board of
Managers IOay be held at such time and place as shall be deter-
mined, from time to time, by a majority of the Managers, but
at least one such meeting shall be held every six'months. One
such meeting per annum may be held by telephone. Notice of
regular meetings of the Board of Managers shall be given to
each Manager, personally or by mail, telephone or telegraph,
at least seven (7) days prior to the dcy named for such meeting.
10. Special Meeting~:
Special meetings of the Board of
I Hilnagers may he called hy the President on three (1) days
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notice to each Nanager, given personally or by mail, telephone
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;or telegraph, which notice shall state the time, place (as
hereinabove provided) and purpose of the meeting. specia,l
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meetings of the Board of Managers shall be called by the
;
I President or Secretary' in like manner and on like notice on
the written request of two or more Managers.
Special meetings
may be held by telephone.
11. Waiver of Notice: Before or at any meeting of the '
Board ofMa~agers, any Managermay~ in writing, waive notice,
of such meeting and such waiver shall be deemed equiv~lent to
,the giving of such notice. Attendance by a Manager at ~ny
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meeting of the Board shall be a waiver of notice by him of the
time and place thereof.
If all of the'Managers are present 'at
any meeting of the Board, no notice shall be require4fand any
business ~~ybe transacted at such meeting.
12. Board of Managers' Quorum: At all meetings of the
.
Board of Managers, a majority of the Managers shall constitute
a quorum for the transaction of business, and the acts of the
majority of the Managers present at a meeting at. which a
quorum is present shall be the acts of 'the Beard of Managers.
If, at any meeting of.the Board of Managers, there be less
than a quorum present, the majority of those present may
adjourn the meeting from time to time. , At any such adjourned,
meeting, any business which might have been transacted at the
meeting as originally called may be transacted without further
notice.
13. Fidelity Bonds: The Board of Managers may require
that all officers and employees of the Association and the
t1anaging Agent handling or; responsible for Association funds
shall furnish adequate fidelity bonds. The premiums on such
.
bonds shall be a common expense.
ARTICLE: VI
OFFICERS
.,
dent, a Vice President! a Secretary, and a Treasur-er, "to be elected "from amon"g
!. Designation: The principal officers of,the Association shall be a Pres i- '
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the Board of 1,janagers of'1-h"
condominium project, or the Declarant(s) or their representa-
tive(s). The office of President and/or Vice-president shall
not be combined, with the offices of Treasurer and/or Secretary
or held by the same person, but the offices of Treasurer and
Secretary may be combined and held by the same person.
2. Election ~ Officers: The officers of the Association
shall be elected annually by the Board of Managers at the
organizat~on meetirig of each new Board and shall hold office
at the pleasure of the Board.~
3. Removal of Officers: Upon an affirmative vote of a
majority of the members of the Board of Managers or 'ci two':'third~
(2/3) majodty. vote of the members, any officerq'maybe'relUcived~
either with or without cause. His successor may be elected at
any regular meeting of the Board of Managers, or at any special
meeting of the Board called for such purpose.
4. President: The President shall be the chief executive
,
officer of the Association. He shall preside at all meetings
of the Association and of the Board of Managers. He shal.!
have all of the general powers and duties which are usually
vested in the office of president of an association, including
but not limited to the power to appoint committees from among
the owners from time to time as he may in his discretion
decide is appropriate to assist in the conduct of the affairs
of the Association or as may be established by the Board or by
the members of the Association at any regular or special
meetings.
5. Vice President: The Vice President shall.have all
the powers and authority and perform all the functions and
duties of , the President in the absence of the President or his
inability for any reason to exercise such powers and functions
or perform such duties.
6. Secretary: The Secretary shall keep all the minutes
of the meetings of the Board of Managers and the minutes of
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all meetings of the Association; he shall have charge of such
books and papers as the Board of t1anagers may direct; and he
shall, in general, perform all the duties incident to the
office of Secretary and as is provided in the Declaration and
the By-Laws.
The Secretary shall compile and keep up to date at the
principal office of the Association a complete list of members
and their last ,known addresses as shown on the records of the
Association. Such list shall also show opposite each member's
name the number or other appropriate designation of the unit
owned by such member and the undivided interest in ,the general
common elements. Such list shall be open to inspection by
members and other persons lawfully entitled to inspect the
same at reasonable times during regular business hours.'
7" Tre'asurer:
The Treasurer shall have responsibility
for Association funds and shall be responsible for keeping
,
full and accurate accounts of all receipts and disbursements
in books belonging to the Association. He shall be responsible
for the deposit of all monies and other valuable"effects in
the name, and to the credit, of the Association in such deposi-
tories as may from time to time be designated by the Board of
Managers. In the event a Managing Agent has the responsibility
of collecting and disbursing funds, 'the Treasurer shall review
.'
the accounts of the Managing Agent not less often than once
each calendar quarter.
ARTler.E VII
INDEHNIFICATION OF' OFFICERS, MANAGERS AND MANAGING AGENT
1. Indemnification: The Association shall indemnify
every ~lanager, officer I Managing Agent, their respective
successors, personal representatives and heirs, against all
loss, costs and expenses, including counsel fees, reasonably
incurred by him in connection with any action, suit or proceeding
arising out of his or their conduct on behalf of the Association,
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except that the indemnification. shall not apply if the Court
determines such person was guilty of gross negligence or
willful misconduct.
In the event the Court determines such
gross negligence or malfeasance to have occurred, the person
shall reimburse the Association for all sums advanced to
defend the suit ,or proceeding. In the event of a settlement,
indemnification shall be provided only in connection with such
matters covered by the settlement as to which the Association
is advised by counsel that the person to be indemnified has
not been guilty of gross negligence or willful misconduct, in
the performance of his duty as such Manager, officer or Managing
Agent in relation to the matter involved. The foregoing
rights shall not be exclusive 'of other rights to which such
Manager, officer or Managing Agent may be entitled. All
liability, loss, damage, cost and expense incurred or suffered
by the Association by reason or arising out of or in connection
.
with the foregoing indemnification provisions shall be treated
and handled by the Association as common expenses; provided,
however, that nothing in this Article VII contained shall be
deemed to obligate the Association to indemnify any member or
owner of a condominium unit, who is or has been a Manager or
officer. of the Association, with respect to any duties or
obligations assumed or liabilities incurred by him as a member
or owner under and by virtue of the Condominium Declaration.
2. Other: Contracts or other commitments made by the
Board of Managers, officers or the Managing Agent shall be
made as agent for the, unit owners, and they shall have rlo
personal responsibility on any such contract or commitment
(except as unit owners), and the liability of any unit owner
on any such conq'act or commitment shall be limited to such
proportionate share of the total liability thereof as the
common interest. of each unit owner bears to the aggregate
common interest of all of the unit, ot~ners, except that any
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losses incurred beca~se of an inability to collect such propor-
tionate amount of the total liability owed by an owner shall
be shared proportionately by the other owners in the same
ratio as the common interest of each unit owner from whom such
proportionate amount was collected bears to the aggregate
common interest of all unit owners from whom such proportionate
amount was collected.
ARTICLE VIII
1. Amendments to ~y-Laws: These By-Laws may be amended
by the Association at an annual meeting or ata duly
constituted special meeting for such purpose, provided,
however, that the particulars set forth in section 38-33-106,
AMENDMENTS TO BY-LAWS AND ARTICLES
C.R.S. 1973, and as the same may be amended, shall always be
embodied in the ByLaws. The vote of a two-thirds (2/3}
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majority of the owners shall be required for amendment.
2. Amendments to Articles of Incorporation. The Board
of l1anagers shall adopt a resolution setting forth the
proposed amendment t9 the Articles of Incorporation and
directing that it be submitted to a vote at eith~r the annual,
or a special, meeting of the members. Written notice setting
forth the proposed amendment or amendments shall be given to
each member entitled to vote at such meeting in person or by
proxy. No amendment prohibited by applicable laws, including
but not limited to, federal tax laws, the Colorado Nonprofit
corporation Act, or the Colorado Condominium Act, may be
adopted. The proposed amendment shall be adopted upon
receiving at least two-thirds of the votes which members
present at such meeting or represented by proxy are entitled
to cast.
ARTICLE IX
MORTGAGES
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unit shall notify the Association thx:'ough the Managing'1>,gent,
1. Notice to Associat,ion: An owner who mortgages his
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if any, or the Secretary of the Board of Managers, giving the
name and address of his mortgagee.
2. Notice of Unpaid Common Assessments: The Board of
Managers, upon ten days written' notice of request and payment,
of the required fee (in a reasonable amount as established by
the Board of Managers) by a unit owner or his mortgagee shall
promptly prepare a statement of account setting forth the
amount of any unpaid assessments or other charges due and
owing from such unit owner.
3. Notice of Default:' The Board of Managers, when
giving notice to a unit owner of a default'in paying COmmon
assessments or other default, shall ,send a copy of such notice
to--each holder of a mortgage covering such condominium unit
whose name and address has theretofore been furnished to ~he
Board of Managers.
4. Examination of Books: Each unit owner and each
mortgagee of a condominium unit shall be permitted to examipe
the records of receipts and expenditures of the Board of
Managers at convenient weekday business hours.
ARTICLE X
EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS
AND DESIGNATION OF VOTING REPRESENTATIVE
1. Proof of Ownership: Except for those owners who
initially purchase a condominium unit from Declarant, any
person on becoming an owner of a condominium unit shall furnish
to the Managing Agent or Board of Managers a machine or a
certified copy of the recorded instrument vesting that person
with an interest or ownership in the condominium unit, which
copy shall remain in the files of the Association.
2. Registration of Mailing A~~ress:
The owners or
several owners of an individual condominium unit shall have
one and the same registered mailing nddress to be used by the
Association for mailing of monthly statements, notices, 'demands
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and all ,other communications. Such registered address shall
be the only mailing address of a person or persons, firm,
corporation, partnership, assOyiation or other legal entity or
any combination thereof to be used by the Association. Such
registered address of a condominium unit owner or owners shall
be furnished by such owners to the Managing Agent or Board of
Hanagers within fifteen (15) days after transfer of title, or
after a change of address, and such registration 'shall be in
written form and signed by all of the owners of the condominium
unit or by such persons as are authorized by law to represent
the interest of all of the owners thereof.
Proxy: If a
3. Designation of Voting Representative
condominium unit is owned by' one person, his right to,vote
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shall be established by the record title theI-'eto.If title to
a condominium unit is held by more than one person or by a
firm, corporation, partnership, association, or other legql
entity, or any combination thereof, such owners shall execute
a proxy appointing and authorizing one person or alternate
persons to attend all annual and special meetings of members
and thereat to cast whatever vote the owner himself might cast
if he were personally present. Such proxy shall be effective
and remain in force unless voluntarily revoked, amended or
sooner terminated by operation of law; provided, however, that
within thirty (30) days after such revocation, amendment or
termination, the owners shall reappoint and authorize one
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person or alternate persons to attend all annual and special
meetings as provided' by this paragraph 3.
4. Delinquency: No owner shall have the right to vote
in person or by proxy at an annual or special meeting of'the
members of the Association who is delinquent in the payment of
an assessment made against him.
5. Good Standin~ to y~: The requirements herein
contained in this Article X shall be first met before an owner
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of a condominium unit shall be deemed in good standing and
entitled to vote at any annual or special meeting of members.
ARTICLE XI
OBLIGATIONS OF THE OWNERS
1. Assessments:' All owners shall be obligated to pay
the monthly or quarterly assessments imposed by the Association
to meet the common expense. The assessments shall be made
pro-rata according to percentage or fractional 'fnterest"'in and'
to the general common elements, and shall be due in,advance.
2. Notice of Lien,~ Suit: An owner shall give notice
to the Association of every, lien or encumbrance upon his
condominium unit, other than for taxes and special assessments,
and notice of every suit 'or other proceeding which may affect
the title to his condominium unit, and such notice shall be
given in writing within five (5) days after the owner has
knowledge thereof.
3. Maintenance and Repair:
(a) Every owner must perform promptly, at his own
expense, all maintenance and repair work within his own unit
which, if omitted, would affect the appearance of or the
aesthetic integrity of part or all of the condominium project.
(b) All the repairs of internal installations of
the unit (non-common element installations) such as water
fixtures, light fixtures, gas fixtures, power fixtures, toilet
and bath fixtures, telephones, sanitary installations, electrical
fixtures and all other accessories, equipment and fixtures
shall be at the owner's expense.
Repairs to doors and windows
shall be at ovmer's expense, utilizing materials approved by
the Association.
(cl An owner shall be obligated to reimburse t:,he
\ Association promptly upon receipt of its statement for any
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expenditures incurred by it in repairing or replacing any
general or: limited common element damaged by his negligence oc
by the negligence of his tenants or agents or guests,.
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4. Hechanic's Lien:
Each owner agrees to indemnify and
to hold each of the other owners harmless from any and all
claims of mechanic's lien filed against other units and the
appurtenant general common elements for labor, materials,
services or other products incorporated in the owner's unit.
In the event such a lien is filed and/or a suit for foreclosure
of mechanic's lien is commenced, then within ten (10) days
,thereafter'such owner shall be required tc) depC)sit with the
Association cash or negotiable securities ;equal ~o one and -
one-half of the amount of such claim plus interest at the rate
of eighteen percent (18%) per annum for one year plus a sum
equal to ten (10%) percent of the amount of such claim but not
less than One Hundred Fifty ($150.00) Dollars, which latter
sum may be used by the Association for any c~sts and expenses
incurred, including attorney's fees incurred for tegal,advice
and counsel. Except as is otherwise provided, such sum or
securities shall be held by the Association pending final
adjudication or settlement of the claim or litigation. Ois-
bursement of such funds or proceeds shall be made by the
Association to insure payment of or on account of such final
judgment or settlement. Any deficiency, including attorney's
fees incurred by the Association, shall be paid forthwith by
the subject owner, and his failure to so pay shall entitle the
Association to make such payment, and the amount hereof sha11
be a dep.t of the owner and a lien against his ~ondo~inium unit
which may be foreclosed as is provided in the Condominium
Declaration. All advancements, payments, costs and expenses,
including attorney's fe~s, incurred by the Association shal~
be forthwith reimbursed to it, by such oHner(s), an<'i th~owne~,
shall be liable to the Association for the pi:\yment of interest
at the rate of eighteen (18%) percent per annum on all such
sums paid or incurred by the Association.
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5. General:
(a) Each owner shall comply strictly with the
provisions of the recorded condominium Declaration and these
ByLaws and amendments thereto.
promote the cooperative purposes for the accomplishment of
which this condominium project ~as built.
(b) Each owner shall always endeavor to observe and
6. ~ of Units; Internal Chanqes:
(a) All units shall be utilized only for residential
purposes as is provided in the Condominium Declaration.
cations or alterations to his unit or installations located
(b) An owner shall not make structural modifi-
therein without the written approval of the Board of Hanagers,
and then only in accordance with the provisions of the Condo-
minium Declaration. The Board of Managers shall be notified
in writing of the intended modifications through the 'Managing
.
Agent, or, if no Managing Agent is employed, then through ~he
President of the Board of Hanagers. The Association shall
have the obligation to answer an owner's request-within fifteen
(l5) ,days after such notice, and failure to do so within such
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time shall mean that there is nO objection to the proposed
modifications or alterations.
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7. ~ ~ General ~~ Elements.~ Limited Common
Elements: Each owner may use the general common elements,
those limited common elements which he is entitled to use,
side',alks, pathways, roads and streets ana other' com.rnon elements
located within the 'ent:ire condominium project in accordance
with the purpose for which they were intended without hindering
or encroaching upon the lawful rights of the other o~ners, and
subject to the rules and regulations contained in these ByLaws
and established by the Board of Managers as is provided in
paragraph 9 of this Article.
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8. Right of Entry:
(a) An owner shall and does grant the right of
entry to the Managing Agent or to any other person authorized
by the Board of Managers in case of any emergency originating
in or threatening his unit, whether the owner is present at
the time or not.
(b) An owner shall permit other owners, or their
representatives, to enter his unit for the purpose of performing
installations, alterations or repairs to the mechanical,
electrical or utility services which, if not performed, would
affect the use of other unit(s)i provided that requests for
entry are made in advance and that such entry is at a time
convenient to the owner. In case of emergency, such right of
entry shall be immediate. -,
9. Rules and Regulations:
(a) The initial rules and regulations, which shall
,
be effective until amended or supplemented by the Board of
Managers, "';\\~t, annexed hereto and made a part hereof as Schedule
"An.
(b) The Board of Managers reserves the power to
establish, make and enforce compliance with such additional
reasonable house rules as may be necessary for the operation,
use and occupancy of this condominium project with the right
to amend same from time to time.
10. Destruction and Obsolescence:
Each owner, upon
'becoming an owner of a condominium unit, thereby grants his
power of attorney in favor of the Association, irrevocably
appointing the Associaton his attorneyinfact to deal with the
owner's condominium unit upon its damage, destruction or
ob!30lescence, all as is provided in the Condominium Declaration.
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ARTICLE XII
COMMITTEES
1. Desiqnation: The President may, but shall not be
required to, appoint an executive committee.
2. Executive Committee: The executive committee shall
'consist of three (3) persons who are members of the Board of
Managers and who shall be appointed by the President from the
members of the Board. The President shall be one (1) member.
The executive committee shall supervise theiaffairs of the-
Association and shall regulate its internal economy, approve
expenditures and commitments, act and carry out the established
policies of the Association and report to the Managers at each
meeting of the Board. The ,e~ecutive committee may hold regular
meetings, monthly or as it may in its discretion determine.
Special meetings may be called at any time by the chairman of
the committee or by any of its members, either personally or
.
by mail, telephone or telegraph, and a special meeting may be
held by telephone.
3. Nominating Committee: Before each annual meeting,
the President shall appoint a committee of three members who
shall nominate candidates for the Board. The names of the
candidates shall be submitted on or before thirty (30) days
before the election. Members may submit names of, candidates'
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other than those submitted by the nominating committee at
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least ten (IO) days prior to the election. Unless such names
are submitted, either by the nominating committee or, by the
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members, no person shall be elected whose name is not so
submi tted unless no nominations are made, in which .event the
names of candidates shall be submitted at the election by the
Inembers.
4. Vacancies: A vacancy in any committee shall be
filled by the President.
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ARTICLE XIII
ASSOCIATION - NOT FOR PROFIT
1. Association Not for Profit: This Association is not
-- - ----
organized for profit. No members, member of the Board of
Managers, officer or person from whom the Association may
receive any property or funds or shall receive or shall be
lawfully entitled to receive any pecuniary profit from the
operation thereof, and in no event shall any part of the funds
or assets of the Association be paid as salary or compensation
to, or distributed to, or inure to the benefit of any member
of the Board of Managers, officer or member, provided, however,
always (1) that reasonable compensation may be paid to any
member, Manager or officer while acting as an agent or employee
of the Association for services rendered in ~ffecting one or
more of the.purposes of the Association, and (2) that any
member, Manager or officer may, from time to time, be reimbursed
.
for his actual and reasonable expenses incurred in connection
with the administration of the affairs of the Association.
Rent receipts received by the Managing Agent shall be deemed
the property of the owner, and deposits to the Association
bank account shall be deemed only as a convenience to owners.
ARTICLE XIV
MORTGAGEES AS PROXIES
1. Mortgagees as Proxies:
Condominium unit owners shall
have the right to irrevocably constitute and appoint a mortgagee
or the beneficiary of a trust deed their true and lawful
attorney to vote their unit membership in this Association at
any and all meetings of the Association and to vest in such
mortgagee or beneficiary or his nominee any an~ all rights,
'privileges arid powers that they have as unit owners under the
,
Certificate of Incorporat,ion and ByLaws of this Association or
by virtue of the recorded Condominium Declaration. 'Suc,h proxy
shall become effective upon the filing of a notice by the
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mortgagee or beneficiary with the Secretary of the Association
at such time or times as the mortgagee or beneficiary' shall
deem its security in jeopardy by reason of the failure,
neglect or refusal of the Association, the Managing Agent or
the unit owners to carry out their duties as set forth in the
condominium Declaration. A release of the mortgage or deed of
trust, shall operate to revoke such proxy. Nothing herein
contained shall be construed to relieve condominium unit
owners, as mortgagors; of their duties and' obligations as
condominium unit owners, or to impose upon the mortgagee or
beneficiary of the deed of trust the duties and obligations of
a unit owner.
ARTICLE, XV
VOTING BY MAIL
The Board of Managers may determine that an election for
a member or for members of the Board, for an amendment or
amendments to the Articles, or for a proposed plan of merger,
consolidation, or dissolution be by votes of members by mail.
In the event such election be held by mail for a" member of the
Board of Managers, it shall require for a valid election an
affirmative vote of a majority of the votes members are entitled
to cast, as defined in Article II, paragraphs 2, 3 and 4.
Election by mail for proposed amendments to the Articles or
for a proposed plan of merger, consolidation, or dissolution
shall require to be valid the aff:irmative votes of t:wo-thirds
of the votes that members are entitled to cast in 'such an
election, as defined ,in Article II, paragraphs 2, 3 and 4.
ARTICLE XV I
COMMON ELEMENTS AND RECREATIONAL FACILITIES
1. The major recreational facilities which are
corrunon elements are: Jacuzzi, recreatiqn room, reading'':room, tv room..
2. New additions of general and limited COlMlon
elements may be made by the Declarant (as defined by the
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Condominium Declaration) or ,by the Declarant's successors, if
pe,mittea by tbe ,eco,ded COndominium oecla,atioo and if tbe
expense for installation of such additions are paid for by the
Declarant or the Declarant's succesSors .", New additions of
genecal ana limitea commOn element; MY be maae by tbe A;;ooia-
tion subject to the provisions of Articles IV, paragraph 3{k).
A unit owner's ownership interest in any new or existing
common elements shall be appurtenant to ,such unit. In the
event of the addition of new common elements, a unit owner's
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voting power in the Association will not be changed other than
to reflect additional unit owners in the event that additional
units are added to the condominium complex. In the event of
the addition of units, the number of votes which the owners of
existing units are entitled to cast shall not be reduced and
the number of votes which the owners of the new units shall be
entitled to cast shall be computed on the same basis as was
the number of votes to which the existing unit owners are .
entitled (as,designated in the condominium Declaration).
IN WITNESS WHEFLOF, the undersigned initial Board of
daybf
Managers have hereunto set their hands this
, 198.
BOARD OF MANAGERS:
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Frat1k S.Peters
Daniel DelanO
Elizabeth M. Jones
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The undersigned Secretary of this Association does hereby
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certify that the above and foregoing 'By-Laws were duly adopted
by the Hanagers as the By-I,aws of said Association on
, 198 .
(CORPORATE SEAL)
ATTEST:
Secretary
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~;Iountain House~XHIBIT 5
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ARTICLES OF INCORPORATION
OF
THE 1.IOUNTAIll HOUSE CONDorUNIW" ASSOCIATION
The undersigned, acting as Incorporator ofa corporation under' the
Colorado Non-Profit Corporation Act, signs and acknowledges the follow-
ing Articles of Incorporation for such corporation.
ARTICLE I
~
The n&~e of the corporation shall be The Mountain House Condominium
Association, hereinafter called the "Association".
,ARTICLE II
PURPOSE
The purpose for which the Association is organized is to provide
an entity pursuant to C.R.S. 1973, 38-33-101 et seq., as from time to
time it is &~ended, supplemented or succeeded, (hereinafter called the
"Condominium Act"l and pursuant to C.R.S. 1973, 7-20-101, et seq., as
from time to time it isamended~supplemented or succeeded (hereinafter
called "the Nonprofit Corporations Act"l, for the operation of The
~iountain House Condominiums, (hereinafter called "the property") a lodge
condominium located on Lots A, B and C, Block 75, City and Townsite of
Aspen, Pitkin County, Colorado.
ARTICLE III
P0i1ERS
1. The Association shall have all of the common law and statutory
powers of a non-profit corporation which are not in conflict with the
ter'^s of t"ese Articles.
2. The Association shall have all the pO....icrs and duties set forth
in the C071uominium Act except as limited by these Articles and the
Condor:1iniu:n Declaration, (hereinafter
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called the "Decl2.rat.ion',,) for the property 'and all of the
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p::J,';i)rs i:nel elll tiee. reasonably necessary to opera te the Associa-
tion i:\S set forth in the Decl2.ration anJ as it lnLlY b", amcnded
from tlFk' to tir.12, including but not limited to the folloHing:
2.1 'ra make" and collect aS~CSSr:1e:lts against members
to de.:rClY the cost~1 cxp8nses and losses of the Association..
2.2 To USe the p:cocce:l1.::; of assessments in the
exercise of its powers and duties.
2.3. To maintain, care for, repair, replace, and
opera te the condoi;1iniur.! proper ty.
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2.4 To purchase insurance UpOil ,t.l1e condominium
property and to provide pro tee tion for the Association and its
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members as provided by the Declaration.
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2.5 To reconstruct improvements after casu<J.lty
and to further improve the property.
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2.6 '.ro make and amend reasonable rules and regu-
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lil tions respec ting the use of the Associa tion' s proper ty.
2.7 To enforce by legal means the provisions of the
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Condominium Ac t, the Nonprofit Corpora tion '1ct~ 'tbe D2clara tidn;'
tJwse Ar ticles, the By-Lal/s of the Associa tion, and the rules
<lnd regul a tions
the use of the condominium property.
for
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To con tcac t for the managemen t of the condomini.um I
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property and to c1elega te to such manager all powers <4'1d du ties
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of ~he Association except as such are specifically reguiced by
tche Decl'\r<ltion to have approval of the Board of
i,tanagers
or
Lhe
rneHlth:~.c5hip of
the r,ssocia tion.
2.9 To contract for the management or. operation of
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i..)or t:~_OJ1.s (i E the common elewen ts suscep t,ible to separa. te manage-
[(,:,n t o:r:- op',ra tion "i1d to lease such por tions.
2. IO TG. emp loy personne 1 to pe r form the service s
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fnr nro(~:-": r one La Lion 0 f the As~~oc: ia ti.oD and 0 f'Lhe
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coo(Io!nini_ulD prOp2rty_
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2.11 '1'0 collect <lelinquent ilSSeSSf'l<:!ots by suit ox-
o then-lise ilnd to enjoin or seek damages froill an owner as is
provided in the Declara tion and By-Lenis.
2.12 To peo tec t and defend in the name of the
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Association any p'"rt or all of the condominium project. from
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loss and cl~m.:;ges by sui t or 0 L.'1~r\.;ise_.
2.13 To borro\-I funds in order to pay for ~ny expen-,
diture or outlays required pursuant to authority granted by
orovisions of' the Declaration ,and By--I.aws, and to execute all
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such ~nstruments (evidencing such indebtedness) deemed necessary.
2.15 To execute con trac ts to Carry au t t.l1e du ties
and pOl-lers of the Association.
2.16 To engage in activities which may now ox-
hereaftex- be allm;ed or permitted by lal-l for a non-profit
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corporation to act.ively,foster, promote and advance the common
interests of the condominium unit mmers.
3. All funds and the titles of all properties
acquired by the Association and the proceeds thereof shall be
held in trust folC the membecs of the 1\ssocia t..ion in accordance
'.-lith
these Articles, and
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the D,rovisions of the Dec12,lratio,n,
. I.. .. .
D1E' By:':'<.<\<s of the 1\ss~ciation.
4. The powers of the Association shall be subject
to and shall be exercised in accordance Hith the provisions of
the'Declar-ation and the By'-I.aHs of the ;'ssociation.
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AR'I'ICLE IV
HEI,mERS
1. The members of th,e ',ssociation shall consist
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~-;olely of itl1 record ownec.s of condominium units of t~e A550-
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c.iitt.ion..
2. CIHncF~ of m"~mber"hip of th? i\ssociat.ion shall be
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eff<;ctec] ",,;I (.,;t:thlLshE'(] by the r,,'c')rcling in t.lH~ public record"
of: PitkIn CountYr Col~)rad()1 of a c1;:;ed o"c ot{~~=-l-:- instrtHi1ent
esb',hlishin~lft Chd;l~Je in eecord tit.1e to itCOnc10H\1.nium unit
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;:m:'! the delivery to the AssocIation of a cert:ified or machine
copy of sllch instnll:l"'nt. The f.1mlloership of the prior owner
sh"ll ' thereby be te,rmina ted.
3. The share of a member in the funds and assets of
the Association cannot beassig!1ed, hypothecated, or trans-
ff;rrE~c1 irl. any ITl::lnne"r ex<:::ept as an appnr t~:lance to his condo-
miniu\1 nni.. t.
4. The meElbers of the A~~sociation shall be enti tled
to v6 tc for each condominium uni t o'dneJ by them.
The cxac t
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number: ,of votes to be cas t by OImers of a condominium uni t and
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the manner of exercising voters' rights shall be determined by
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the By-La\-Is of the Association.
5. '1'he right of a f'lember to vote may be denied if
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ARTICLE V
BO.'\IW OF t'li\l'Il\GERS
1. The affairs of t.he ',ssocia tion l-lil1 be managed
,I by a Board consisting of the nUmb2T. of t-lana'Jers CIS shall be
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more than seven (7) HClnager s .
2. Hanagers of the Association shall be ele~ted at
the annual meetiny of ,the members in the manner de termined by
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the By-Laws. t-lanagers may be removed and vacancies on the
Board of ~lanagers shall be filled in the manner provided by
the By-Lil\'iS ~
3. The ini t:Lal Board ,of t'lanagers shall consist of
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three (3) members. ~'he t.janagers hereinnaoed shall serve
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until L~e first election of i.tanagers and any vacancies. in
" t,heir number occurring before the first election shall be
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.t. J.. . co .1.'/. tile
remaini.ng r.1anag2rs.
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4. rrhe n(H~ICS an:] Cl::.1dc~'~s~l(~S of t.h~ rne;:tbers of t...l-t-2.
ti:'C~;t n0{;~'((! of i1an;:'1~J~::.:; \.,11~) sh~l11 hold offic..~~ unt.il el~ir
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[~ucce~;:J.or.:. :tre elected ':tn~J hn\,'.:.~ q~.l:tlif.i.ed, or. nnt"il r2r.;oved,
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A
Frank S. Peters 609 West Smuggler St, Aspen, CO 81611
Daniel Delano 609 West Smuggler St, Aspen, CO 81611
Elizabeth M. Jones 214 East Hopkins Ave, Aspen, CO 81611
ARTICLE VI
OFFICERS
The affairs of the Association shall be administered by officers
elected by the Board of Nanagers at its first meeting follo~ing the
annual meeting of the members of the Association, which officers shall
serve at the pleasure of the Board of Managers. The n~~es and addresses
of the officers who shall serve until their successors are designated
by the Board of I,Ianagers are as follows:
President:
Frank S. Peters
609 West Smuggler Street
Aspen, CO 81611
Secty/Treasurer
Daniel Delano
609 West Smuggler Street
Aspen, CO 81611
ARTICLE VII
REGISTERED OFFICE
The registered office of the Association shall be 609 West Smuggler St,
Aspen, Colorado 81611, and the Registered Agent of the Association, whose
address is identical to that of the Registered Office of the Association,
shall be Frank S. Peters.
ARTICLE VIII
INDEMNIFICATION
Every Vlanager and every officer of the Association shall be indemnified
by the Association against all liabilities, including counsel fees, reason-
ably incurred or imposed upon him in connection with any proceeding, or any
settlement thereof, to which he may be a party, or in which he may become
involvedt by reaSon of his being or having been a Manager or officer of
the Association, "lhether or not he is a Mana;::cr or
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orfic(:r at t11E~ tiq(~ such exp2nses are -incurred" except in such
C,'j';i.'~; \'1I,ecein the, i,jilflCl:;er or officer is adjudged guilty of'
\",.il1 Lt;,l Iili~:)f,,~a:-;ance 0(" malfeasance in the performanc~ of his
du t.i0S; provided tha t in the even t of a se ttlemen t, the indemni-
fica tion herein shall apply only when the Board of i'lanagers~i
approves such ~e t"tlemen t and reim~u,cseraen t as being for the
I b0St in terests of th8As~ocit:t tion.. The foregoing right of
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indemnification. shall be in audition to 'and not exclusive of
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all other rights to \-ihich such l1anager or officer may be
en ti tled.
ARTICLE IX
BY-LA\')S
The fiest By-Laws of the Association shall be adopted
by the Board of Managers, and may be altered, amended or
revoked in the r~anner provided by tile By-Lin<1s.
ARTICLE X
AI.IE:Nm.IEiITS
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Amendmen ts to t,he' Articles of Incorpor~ tion Shilll be
proposed and adopted pursuant to and as required bYL~e terQS
of the Nonprofi t Corpora tion Ac t, as amended from time to
time.
ARTICLE XI
TERr-1
The term of the Association shall be perpetual,
un less the Associa tior! is terrnina t~c1 sooP..-2-r by the un:tnili:OUS
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action of its memhers. The Association shall be, terminated by
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the termina tion of the condominium in accordance wi th the
1)1.-0vis;.ons of the Declaration.
AR'l'ICLl: XII
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IWtlPRO?.TT l\SSOCIi'.'nc.~l
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This !~SS(Jci.(, t:ion is not G.rganized for profi t..
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1; m~:!'mh-::~r, flh:lOber (If t~.le P.odrd of i'1ana~I'2rS, officer or peeson
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'! ZroIn \\'hOIl1 the l"\ssocL;l.'tion may receive any proper-.ty or funds
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shall receive or shall be lawfully entitleJ to receive any pecuniary
profit fro~ the operation thereof, and in no event shall any part
of the funds or assets of the Association be paid as salary or COill-
pensation to, or be distributed to, or inure to the benefit of any
member of the Board of :.lanagers, officer or member, provided,hoi..;ever,
ahlaYs (a) that reasonable compensation may be paid to any meillber, ,.',;
Manager, or officer while acting as an agent or e~ployee of the Asso-
ciation for services rendered in effecting one or more of the purposes
of the Association, and (b) that any member, M~~ager, or officer
may, from tiae, be reimbursed for his actual and reasonable expenses
incurred in connection with the administration of the affairs of the
Association.
,ARTICLE XIII
INCORPORATOR
The name and address of the Incorporator of these Articles of
Incorporation is:
IN,\IIITNESS ilTrlEREOF, the Incorporator has hereunto affixed his
signature on this
day of
. 198 .
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MEMORANDUM
TO: vlcity Attorney
Engineering Department
.Building Department/Fire Marshall
Environmental Health
Housing
Water Department
Sanitation District
Willard Clapper, Fire Chief
PLANNER: Alice Davis
RE: Edelweiss Lodge Reconstruction/Condominiumization
DATE: January 4, 1983
Attached is an application for lodge reconstruction of the exis~ing Edelweiss
Lodge to be named the Mountain House, and for condominiumization of the lodge
units. The application is predicated on the recent passing of Ordinance 38,
Series of 1982, L-3 Zoning, and Section 20-23 of the Code regarding condo-
minium exemption review.
Please review the materials and return your comments to the Planning Office
no later than January 25, 1983.
Thank you.
....' ""<"" :'_~'~'~~~.':':~'~'O", ,_ '.:L~,::::>c" :::":\8,;'; ',i"",,,.' "o,O~" ,:,:;,j:'"'i~L;;:':;~\~::;':~~,:~";::r:;;;i':i:,.';-,-:/:>f':/;,);';;:~:.>~0~;~;:,,'::";~ij;~~1
Ae"'~NA>PITKINQ!=~J,AQ\\m.~~
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MEMORANDUM
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TO: Alice Dav:j,iL,
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FROM: Patsy NewburY
DATE: Jariyary 31, 1983
RE:
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Alice, in response to th5' ..,J9n!18l'Y 4th Memorand1.J!ll..x.egarding the Edelweiss J;pdge, my concerns '"
:~h~T~ea:e;:~~I~e~~~w~e..t~;~~~.~~t~f'~~ ~~i~~~0~/7o~~n?~3:"bD~lg~~~~~~)' ;
If they tear it down, do they not hav.e tQ,l\\e.e~..X.equirements for parldiig;"operi spi;[c:'e"and ~
view plain as they put it back? If it is Condominiumized why would it be exe)llpt from ~
Subdivision Review and added floor area consideration? ,~,,,,,,,,,, , , , ",..., ",:c.. ." , Iii
. ',"""",-,",,, >..""",,-,,,-,,~,Vq'"""l''''~~~~.~~wlt''., ,"(.'jl\':il9tC\'''?'''''ril:lt'~"l~r'i 'rt;t,"*y~~'Yjn:'~~'~;i#'~~-:'~"'z'~~~'_:',:'.''''<'O ",~t'),~':;ri:~K'(li(l~"~
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Edelweiss Lodge Reconstruction/CondominillIIJi_~aY~'<?!1
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offic~s,:, " ' mail address: ~
. .... ,,' .' . . ::: ...... .:..:.... __ . . '. '. ..'.."....'..'....'.'.'..:.;..".....-'..::..:.,':.:.::../<:.:,....:,.. '"_,.:.."..,__.:..'':::'...,.,....,':..----~__-:":..".'.:.,""...-" ''-'''' ......, ....." .' .," ___ ....... ... ..'.... . ". _.". . . . ....... .. ..: .....: ...: .. ........ .':."-..,,__.,,,~_<""''''^'''.~..~,.',__'''...,_,'".''~'''..''..~.'.,..,'".__,..,.....-.....,.w,~"........__"..~
......0 East Hallam S'treet' ,.",' " '50S'E''t; M. S .'
. __ .' ..'. ". : ".,:':' . '.""'''''','''''^,.,.~"."",,' "'.' ~. ; 1.. ....... ___.'...,",_;C~,'f''','',','~:",....".:','.'"'.h:,,'',.;''''. ",' "~"''', . ....,., ,.,.. " ,','.-__ . . . ." ...; .': :', ::......_._,.:,. :....:., ".:c:II~"...".",..,;''''''',...__@~n:.-","_''''!;.~,~~];;.'''''''~.,~,.".
Aspen, Colorado a...611 '303/9'e.5:.~55i73~'.'.~'~'''A.B'~en'CDloraaDa'fS1-r..'
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pitkin county
EiOSeas't main street
aspen, colorado 81611
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I-\SPEN / PiTKiN CO.
PLANNiNG OfHCE.
FROM:
Alice Davis _..__ /
Jim Hamilto~~~
January 2~8~
TO:
DATE:
RE: Edelweiss Reconstruction
I have reviewed the Edelweiss application and have found the following:
1) My understanding of the Edelweiss application is that the applicant is not
required to and is, therefore, not seeking GMP approval for the project at this
time. Therefore, pursuant to Sec.24-11.6(6)(4)(aa), the applicant is not re-
quired to "provide the planning office with a detailed list of all employees
required to serve the project...for the claim as to the percentage of employees
on site." at this time. Such a list will have to be provided at which time
the applicant seeks GMP approval.
2) Per Ordinance No. 23 (Series of 1982) it would appear that the size of the
proposed one bedroom unit is not in compliance with the square foot miminum
requirement. Therefore, unless the unit is enlarged it should be considered a
studio unit.
3) Per Sec. 24-11.10 the applicant has not specified the income designation
for the proposed employee unit. This mayor may not be required at this time,
but will be required as per the situation in No. 1 above.
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ASP~.PITKIN"'" ,0,< " "':
ENVIRONMENTAL HEALTH DEPARTMENT ;'!
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TO:
Alice DavTs '''Pla-nli:lnqOfHce
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FROM:
Thomas ~'" 1?J,1~lpp, Director,7:$!)
Environmel'l,t,,"!J,!l~j~tlLJ;>epartment, "
DATE:
Janui3.ry 12,1983
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RE: Ede1l"5'(s.~"J,gj.ge Reconstru9:tJgn/Condomini umi,z?,,- tj.,QIt. , ''''''-",._''''~''''''"...~
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This office has reviewed the above-referenced submittal for ~
the f.q',ifq,~~.p~:r-;c'c'once'rn~,~1%,*;";';r~~'~~"~;,w~.;~},~~~'~~~,,~:-,;J,ij~,:,JL%1~
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It is not stated in the submittal, however this department wi;ll "
assume the c.<impTere'dpr6J.ect"wr'fl"lSEt~serve(f-J)y~'fI1e~ City of z.l:spen j
~~~~~~o1{;I"~s.<l~{tR~~~r~~~I~~~~ '~~~itKi,~~p~~t~~ni~!lt~1!l~~-""..,,,.,.~~",.!
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Sewage Disposal: "
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It is not stated in the submittal, however this department will ~
ass';lme ~he cRmpr7te'(r~prorec~J.':Lr-ge.'~.~yg9::ny" ~he'1l:.s~ '}1e'C"fo' I
~~~~~~~~fio~1~Hk9tol~~i~~' bIW.~~~l'~~~I~o~~*far~W'dh~par' men .
, ' ,,,,,,. _~ "';"<__""":'-","__' _ _,,' .., '," '-__~:______~"'~:""""'~''''-:--;<''_'~'''''",~~~''''=iW~''~_,d'"-,"';:''''''''''_'-''"~.'~'''~""_'""~"~~:,,,;.,,_,,~,~",.,,,,~.,~"
Drinking Water:
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The sub~i tt~J,c12~s" n.c.>};,\l\,<l~I;;.~~_Ut~_;;~j.e<:..~~""i3co "",i;J:"e.; ~ol:L,Cl~;i!lg will II
be requ~red. ~11 paved ,areiL,,9,l'_\!1.!lege and roof dra~IJage shall be <!!J,ill
retained Qn,,:t,h!iLproperty. That is, through the use of,ggsigned ~
dry wells or"hgJ,<;tLI).,9 ponds, no su'rfq.ce d:iscl},iiJege shourdoccur~ oJ}j::g"".,_~._>!
public prope,r,ty:. "
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Noise Abat'eme'nt:
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apply. The. US5'.~,,~~e.~J.~~~,~ t~ this" d~,yeJc.>~mel1f:sh';ll:Lbedesigned
to comJ?ly. w~ th Ord~nanc.e. ,2, se~!9~+tli;t~Cl..!'lm;;,e ,{';l2.~~ll)<;'~w,w'
~;~~~ ~~n~iiiI:~~:~~~1'~:\iElt~;]~I;S~i;~t~1d bte d~~~l1e"d, f~~~~~~m?:..~~- , .
Air Pollution:
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The sUbject of air pollution generat<;'!d..Jrom
very incomplete. 'There:l;o:r:~, it will be the
that all S!t<?sg.ll~a~i. d~iY~n'ifpan"clq,E~:l<~~~"'L
this development is
r~q;;estd~of' this~Cl.f(!.S~._" ,.::_,,,
areas be paved.
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possible regulaHonorwoo<,'lqqrD,:hng devices there, is nO,ac:t\l?lLJ,R-"~"'
However, wood burn:ing has been doq]Jill,?}l,ted'.2..?_s>eil1g a significant
contributor. .t;;o""particulate airpollut:iop.j,I} .hspen. TheJ;"ef'Cir:€';""
it would be._Q,\l"r,,,.F5tquest that one.Qt.tI!:12"pptions be exerq:i.s,e<:i.
The first, that no wooCl,bu:ming devices be irrstan~(r in .a.ny of
the units. The second, that the five (5) woodstoveE be of a
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clean ]:>urn:U,lg des:Lgn as proposed :m tDE:!regulat:Lon. F:Lnally,
that :th,e :i:i.;J;"eplace be deE;}.gned with energy efficiency in mind
as defined in the existing County regulation.
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JI1EM)RADNUH
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TO: Alice Pavis Planning Office
~ROM: Jay Hammond, Assistant city Engineer ~
DATE: January 24, 1983
RE: Edelweiss Lodge Reconstruction and Condominiumization
-- --.... - - - - --- - - -- -- -- --'.- _.- -- - -- -- -_.- -,-- -- - - - - - - -- -- --- -- -- ---
Having reviewed the above application and made a site
inspection, the Engineering Department has the following
commments:
1. The applicant should be required to provide an electric/
communications easement adjacent to the alley large enough
to accommodate the existing transformer as well as any
relocation of the TV and phone pedestals that may be
contemplated.
2. The Edelweiss lodge is currently using space in the
right-of-way behind the curb along Aspen Street for about
five parking spaces. provision of a proper curb as well as
sidewalk in this area will preclude t~further use as parking.
We would recoJl)ll\end that the applicant be required to provide
the si~ off-street spaces adjacent to the alley to fulfill
current parking needs and not credited toward further expansion.
3. Th.e applicant should be required to record a condominium map
following substantial completion and prior to the sale of any
units.
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MEMORANDUM
TO: .. City Attorney
.. "'Engineering Department
C,Bui 1 di ng Department/Fi re Marshall
"V(nvi ronmen ta 1 Heal th
v-Hous i ng
(.-Water Department
vSanitation District
Willard Clapper, Fire Chief
PLANNER: Alice Davis
RE: Edelweiss Lodge Reconstruction/Condominiumization
DATE: January 4, 1983
Attached is an application for lodge reconstruction of the existing Edelweiss
Lodge to be named the Mountain House, and for condominiumization of the lodge
units. The application is predicated on the recent passing of Ordinance 38,
Series of 1982, L-3 Zoning, and Section 20-23 of the Code regarding condo-
minium exemption review.
Please review the materials and return your comments to the Planning Office
no later than January 25, 1983.
Thank you.
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MEMORANDUM
TO: City Attorney
Engineering Department
.Building Department/Fire Marshall
Environmental Health
Housing
~ater Department
vSanitation District
Willard Clapper, Fire Chief
PLANNER: Alice Davis
RE: Edelweiss Lodge Reconstruction/Condominiumization
DATE: January 4, 1983
Attached is an application for lodge reconstruction of the existing Edelweiss
Lodge to be named the Mountain House, and for condominiumization of the lodge
units. The application is predicated on the recent passing of Ordinance 38,
Series of 1982, L-3 Zoning, and Section 20-23 of the Code regarding condo-
minium exemption review.
Please review the materials and return your comments to the Planning Office
no later than January 25, 1983.
Thank you.
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10379 T1
Page 2
2. Any lien or penalty due to failure to pay any Aspen Real Estate Transfer
Tax due on deeds recorded August 5, 1982 in Book 430 at Page 583 as
Reception No. 243277, August 5, 1982 in Book 430 at page 584 as Reception
No. 243278, September 14, 1982 in Book 432 at page 679 as Reception No.
244133, September 14, 1982 in Book 432 at page 680 as Reception No.
244134, and September 14, 1982 in Book 432 at page 681 as Reception No.
244135.
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~OWNERSHIP AND ENCUMBR~~r REPORT
Mountain House - EXHIBIT 1
STEWART TITLE OF ASPEN, INC.
10379 Ti
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$75.00
HEREBY CERTIFIES from a search of the books in this office that the owner of
Lots A,B, and C
Block 75
CITY AND TOWNSITE OF ASPEN
County of Pitkin, State of Colorado
Situated in the County of Pitkin, State of Colorado, appears to be vested in the name of
Elizabeth M. Jones
and that the above described property appears to be subject to the following:
I. A Deed of Trust dated November 26, 1966, executed by Edelweiss Associates
Incorporated to the Public Trustee of Pitkin County, to secure an indebtedness
of $72,500.00, in favor of Harry W. Poschman and Jane E. Poschman,
recorded January 17,1967 in Book 225 at Page 210.
NOTE: Assignment of above Deed of Trust to Harry W. Poschman recorded
March 30, 1973 in Book 274 at page 133.
(Continued on Page 2)
EXCEPT all easements, right-of-ways, restrictions and reservations of record.
EXCEPT any and all unpaid taxes and assessments.
This report does not reflect any of the following matters:
1) Bankruptcies which, from date of adjudication of the most recent bankruptcies, antedate the report
by more than fourteen (14) years.
2) Suits and judgments which, from date of entry, antedate the report by more than seven (7) years or
until the governing statute of limitations has expired, whichever is the longer period.
3) Paid tax liens which, from date of payment, antedate the report by more than seven (7) years.
Although we believe the facts stated are true, this Certificate is not to be construed as an abstract of title,
nor an opinion of title, nor a guaranty of title, and it is understood and agreed that Stewart Title of Aspen,
Inc., neither assumes, nor will be charged with any financial obligation or liability whatever on any state-
ment contained herein.
Dated at Aspen, Colorado, this
17 th day of December
A.D. 1982 at 8:00 A.M.
STEWART TITLE OF ASPEN, INC.
BY ~~/d4~
Authorized Signat:?""
Made For:
Stewart Title Form OEZ 10/82
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ARTICLES OF WCORPORATIOll
OF
THE NOUNTAIN HOUSE CONDOtUNIUM ASSOCIATION
The undersigned, acting as Incorporator ofa corporation under the
Colorado Non-Profit Corporation Act, signs and acknowledges the follow-
ing Articles of Incorporation for such corporation.
ARTICLE I
NAl,lE
The name of the corporation shall be The Mountain House Condominium
Association, hereinafter called the "Association".
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.ARTICLE II
PURPOSE
The purpose for which the Association is organized is to provide
an entity pursuant to C.R.S. 1973, 38-33-101 et seq., as from time to
time it is &aended, supplemented or succeeded, (hereinafter called the
"Condominium Act") and pursuant to C.R.S. 1973, 7-20-101. etseq., as
from time to time it is amended, supplemented or succeeded (hereinafter
called "the Nonprofit Corporations Act"), for the operation of The
Mountain House Condomi'niums, (hereinafter called "the property") a lodge
condominiua located on Lots A, B and C, Block 75, City and Townsite of
Aspen, Pitkin County, Colorado.
ARTICLE III
?O,'iERS
1. Tne Association shall have all of the common law and statutory
powers of a non-profic corporation which are not in conflict with the
terms of t~ese Articles:
2. The Associatio~ shall have all the powers and duties set forth
in the Condominium Act except' as- limited oy these Articles and the
Condowiniu~ Declaration, (hereina:ter
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called the "DeclurZltion',,) for the pcopertyand all of the
pcn';ers and du.ties reasonably necessary to opera te the Associa-
tion as set forth i_n the Declaration and as it may be ar.tended
from til~e to time, including bu t no't 1 imi ted to the fo llowing:
2.1 To make and collect assessments against members
to d'"f"re,y the cos ts, expenses and losses of the Association.
2.. 2 'fa use the proccel1s of assessments in the
exercise of its powers and duties.
2.3. To maintain, care for, repair, replace, and
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opera te the condorniniur.t proper ty.
2.4 To purchase insurance upon the condominium
property and to provide protec tion for the Associa tion and
its
members as provided by the Declaration,
2.5 To reconstruct improvements after casualty
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and to further improve the property.
2.6 To make and amend reasonable rules and regu-
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2.7 To enforce by legal means the provisions of the
Condominium Ae t, the Nonprofit Corporation ~ct;t.'1'e D2clara (iOn;'
these Ar ticleE;, the By-Lalls of the Associa tion, and the rules
and regulations
for
the use of the condominium property.
2.8
To contract for the management of the condominium I
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property and to delegate to such manager all powers i4'1.d duties
of the Association except as such are specifically required by
t:he Decl<1ra tion to have approval of the Board of l1anag2rs or
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the rnernbecship of the Associa tion.
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2.9 To contract for the management or. operation of
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H:F,n t 0, oppration Clnd to lease such par tions.
2.10 To employ personnel to perform the services
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2.11 'Eo collect clelinquent i'lSsessments by suit or
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o then'lise and to. enjoin or seek damages from an owner as is
provided in the Declilration and By":LaHs.
2 .12 To pro tee t and defend in tfw name of the
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Association any p3.rt or all of the condominium project from
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loss and damages by sui t or 0 th'2r~"ise..
2.13 To borrow funds in order to pay for any expen-
diture or outlays required pursuant to authority granted by
provisions of' the Declaration and By-Laws, and to execute all
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such instruments (evidencing such indebtedness) deemed necessary.
2.15 To execute contracts to carry out the duties
and pOHe,rs of the Associa tion.
2.16 To engage in activities which may now or
hereafter be allowed or permitted by lal" f.or a non-profi t
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corporation to actively foster, promote and advance the common
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in teres ts of the condominium uni t OHners.
3. All funds and the titles of all properties
acquired by the Association and the proceeds thereof shall be
held in trust for the members of the Association in accordance
wi th the provisions of the Declaration, these Articles, and
818 ByLaws of the Ass~ciation.
4. The powers of the Association shall be subject
to and shall be exercised in accordance \,lith the provisions of
the'DecliH'ation'and the By-Laws of the Association.
ARTICLE 1'/
~1E~lBERS
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1. The members of the Association shall consist
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solely of all record owners of condominium units of t.l-)e Asso-
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C.iit't.ion.
2. Chanc;," of member,:hip of tl1e Association shall be
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effect.ec1 ;:;ld cc>L'lhL,,;hed by the rE,cordin9 in the public record",
0-[: Pitkin County, C-:olorado, of a deed or other. instruli1ent
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es t<::lhlishi.n,] it cndfl']e in reeocd ti tle to it condominium unit
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and the delivery to the Association of a certified or machine
copy of. such instruf:1~>nt. 'r'he racmbership of the prior owner
shall' thereby be terminated.
3. The share of a member in the funds and assets of
the Associa bon canno t be assigned, hypothecated I or trans-
ferred in any 8'lnner except as an ap[)urtenance 1:0 his condo-
miniuPl uni t..
4. The members of the Association shall be entitled
1:0 va tc for each condominium uni t o',med by them ~ The exac t
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number of votes to be cast by olmers of a condominium unit and
1;
the manner of exercising voters' rights shall be determined by
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5. 'fhe right of a member to vote may be denied if
that member is delinquent in payment of Association' assessments.
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ARTICLE V
BOARD OF MANAGERS
1. The Clffilirs of the I'.ssociation Hill be managed
'i by a Board consisting of the number of l1anagers as shall be
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1/ 2. Managers of the Association shall be ele::ted at
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the By-Laws.
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3. The ini tia-l Board of !1anagers shall consist of
three (3) members. The l-lanagers herein named shall serve
un ti.l 'b.'l.e fir.st 21cction of Hanagers and any vacancies in
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their number occurri.ncr before the first election shall be
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.:1. The nElr;leS and ac1dress(~s of "the fnc;nb2rs of the
first f.lod.rd of r1':'-t(10:Y>r.-S Hho shall h6.ld office until t.:.'1eir
Sl1ccessor!"; p.rc clc,:cl:cc1 an,:I havequalifiedl or until removed,
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609 West Smuggler St, Aspen, CO 31611
609 West Smuggler St, Aspen, CO 81611
Frank S. Peters
Daniel Delano.
Elizabeth M. Jones 214 East Hopkins Ave, Aspen, CO 81611
ARTICLE VI
OFFICERS
The affairs of the Association shall be administered by officers
elected by the Board of Managers at its first meeting following the
annual meeting of the members of the Association, which officers shall
serve at the pleasure of the Board of Managers. The names and addresses
of the officers who shall serve until their successors are designated
by the Board of ,.Ianagers are as follows:
President:
Frank S. Peters
609 West Smuggler Street
Aspen, CO 81611
Secty/Treasurer
Daniel Delano
609 West Smuggler Street
Aspen, CO 81611 \
ARTICLE VII
REGISTERED OFFICE
The registered office of the Association shall be 609 West Smuggler St,
Aspen, Colorado 81611, and the Registered Agent of the Association, whose
address is identical to that of the Registered Office of the Association,
shall be Frank S. Peters.
ARTICLE VIII
INDEI4NIFICATION
Every [.Ianager and every officer of the Association shall be indemnified
by the Association against all liabilities, including counsel fees, reason-
ably incurred or imposed upon him in connection with any proceeding, or any
settlement thereof, to which he may be a party, or in which he may become
involved, by reason of his being or having been a Manager or officer of
the 'Association, whether or not he is a Manager or
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officer at the time such' exp2nses are "incurredl except in such
ca "e[; I"herein ,the pjanager or officer is adjudged guil ty of
\yill.Eul misfeasance or malfeasance in the perforrnan.c~ of his
du ties; provided t.ha t in the even t of a se ttlemen t, t11e indemni-
fica tion herein shall apply only I.,hen the Board of ~lanagers
approves such set'tlement and reimbursement as being for the
, bes t in teres ts of the Associu tion. The foregoing righ t. of
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en titled.
ARTICLE: IX
BY-LA\-;S
The first By-Laws of the Association shall be adop.ted
by the Board of Managers, and may be altered, amended or
revoked in the manner provided by the By-Laws.
ARTICLE X
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MlEND~lEI1TS
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Amendmen ts to the Articles of Incorpora tion shall be
proposed and adopted pursuant to and as required by L~e terms
of the Nonprofit Corporation Act, as amended from time :to
time.
ARTICLE XI
TERM
The term of the Associa tion shall be perpe tual,
unless the Associiltion is terminated sooner by the unanimou's
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action of its memhers. . The Association shall be. terminated by
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thetermina tion of the condominium in accordance with the
2rovisions of b~e.Declaration.
ARTICLE XII
NOIJPEO? IT ASSOCIATION
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This Association is not or.ganized
l~O
for profi t.
mi,mber, m"mber of tl'w Board 0 f Manag'2.r. s, officer or person
[rom I>hcm the Associa tion may receive any property or funds
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shall receive or shall be lawfully entitled to receive any pecuniary
profit from the operation thereof, and in no event shall any part
of the funds or assets of the Association be paid as salary or com-
pensation to, or be distributed to, or inure to the benefit of any
member of the Board of ;4anagers, officer or member, provided, however,
always (a) that reasonable compensation may be paid to any nember, ,--,,:
Manager, or officer while .acting as an agent or' employee of the Asso-
ciation for services rendered in effecting one or more of the purposes
of the Association, and (b) that any member, Manager, or officer
may, from tiae,. be reimbursed for his actual and reasonable expenses
incurred in connection with the administration of the affairs of. the
Association.
ARTICLE XIII
INCORPORATOR
\
The name and address of the Incorporator of these Articles of
Incorporation is:
IN~1ITNESS WHEREOF, the Incorporator has hereunto affixed his
signature on this
day of
, 198 .
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Mountain House - EXHIBIT 6
AFFIDAVIT
I, Elizabeth M. Jones, residing at 214 East Hopkins Avenue, Aspen,
Colorado, having been during the entirety of the three years prior to this
date, December 20, 1983, the owner or a co-owner of the Edelweiss Lodge
located at 201 East Hopkins Avenue in Aspen, make this statement, as re-
quired by the Lodge Condominiumization procedure provisions of the Municipal
Code of the City of Aspen (Sec. 20-23., paragraph A, sub-paragraph 3), to
attest to the quality of accomodations provided by the Edelweiss Lodge at
such times during the past three years when the lodge has been open to
short-term guests.
No breakfast has been provided; however, guests have been allowed
kitchen priviledges.
There has been no front desk serving the guests.
No transportation has been provided to guests.
Check-in hours have been very flexible (i.e., people arrived whenever
planes arrived, or in cases when the airport was closed due to poor visibility
and guests arrived by car or bus, check-in hour was at times past midnight.)
Check-in procedure has always been quite informal.
As mentioned above, the kitchens of the lodge have been an amenity
available to the guests. Babysitting has been arranged for at times, and
after many years of no television there has been television. The fireplaces
have also been enjoyed by the guests, and guests have been offered informal
advi~ as to bus schedules, concert schedules, where to have dinner, etc.
There has been both on-site and off-site management. Managers have
doubled as maintenance people to a certain extent, and repair work has been
contracted out when necessary. The Edelweiss when fully booked has accomo-
dated thirty to thirty-five guests, children in rollaway beds sharing a
room with their parents accounting for the higher number.
0I}q;';t
1U!-;L
Jones
STATE OF COLORADO
SS.
COUNTY OF PITKIN
This Affidavit was acknowledged before me this 20th of December, 1983,
by Elizabeth M. Jones.
'~
witness my hand and seal.
My commission expires:
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My Commission Exnires Sept. 28 1S8~
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Mountain House - EXHIBIT 8
()
CONSTRUCTION COST PROJECTION
Equipment Rental,
Subcontractors &
Haterials
Demolition
Excavation
Foundation
Trenching & Backfill
Framing .
Finish (inc glazing)
Masonry
Plumbing & Heating
Electrical
Drywall
Painting
Paneling
Flooring
,:Jacuzzi
Landscaping
In-House Labor (4 carpenter & 2 laborers, 36 wks)
Architectural Fee
Construction l~anagement
Construction Period Interest
Permi t Fees & It,iscellaneous
Contingencies
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$10,000
15,000
25,000
7;500
65,000
75,000
25,000
90,0~0
:35,000
20,000
20,000
20,000
35,000
10,000
: 7,500
$460,000
$100,000
50,000
45,000
40,000
5,000
25,000
$725,000
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system. Busch said as a community, Aspen should use every quality marketing tool available.
The trolleys can be basic transportation as well as a unique feature. These trolleys
are irreplaceable. Summers said he did not generate any interest in a group wanting to
run the trolleys in Aspen with their own money. He did generate interest from other towns
to buy the trolleys and run their own system. Busch told council the agreement with
Michael Hernstadt is that he would take care of the trolleys; he has not done so.
Councilwoman Michael asked if there was business interest in town that would operate the
trolleys. sil Dunaway said he is in favor of the trolleys because they would be an asset.
However, people do not like the overhead wires and the noise. On the other hand, people
would like the uniqueness of the trolleys. This would be a good shuttle from Rubey park
to the Rio Grande. Dunaway said he felt this would be a service to the community and is
a needed shuttle in the downtown core. This should be a city function, just as the buseS
are a city function.
summers told council the CCLC voted in favor of keeping the trolleys as a possible alterna-
tive in the central core area and requested council not sell the trolleys. Councilwoman
Michael said the closer Rubey Park comes to being a transportation center, the more
important the trolleys become. However, the city Council has a capital improvements plan
with many, many items that are day-to-day needs. Councilwoman Michael said she would like
more information on the routes, what this would do to the streets, etc. councilwoman
Michael said the city should either sell the trolleys or do something with them.
councilman Knecht moved to keep the trolley cars for an additional year; look at the whole
thing with the CCLC, and with the transportation group, and see if something can get
accomplished next year; seconded by Councilman Parry.
Mayor Edel said that the assumption that the trolley cars are a positive element is an
assumption at best. Mayor Edel said he felt for Aspen they are far from positive. 0a~~r
Edel said there is a list of $25,000,000 of capital improvements before Council for
approval. Mayor Edel said no private enterprise will come forward to finance this.
Mayor Edel reiterated there is a list of $25,000,000 improvements that are essential to
the health, safety and well being of the city. The city has spent a lot of money~toget
rid of wires, now this would necessitate putting wires back. Mayor Edel said the city
wants people to walk through town and to spend money in the town. Mayor Edel said:he felt
trolleys were inappropriate in Aspen and they are a mistake financially.
Councilman Parry said he felt trolleys would be a great asset. A trolley from Rubey Park
to the Rio Grande is an essential link in the entire transportation system. Busch pointed
out that two city studies have recommended shuttles. Terry Harp said shuttles could be
used for the design conference, the M.A.A.skier shuttles, walking tour, etc. Harp tol~~
council he has been asked to run shuttle with his horses for six years. Harp sugg~sted .':.:;
selling the trolleys and have a carriage maker build trolleys that could be pulled by
horses. .,'r
J
All in favor, with the exception of Mayor Edel. Motion Carried. Councilmembers ~ichael
and Parry left Council chambers (it was the last M.A.S.H. series).
EDELWEISS CHALET RECONSTRUCTION
Colette Penne, planning office, told Council this is the first project in the lodge L-3
rezoning action that is requesting reconstruction permission. P & Z has approved the
reconstruction of the lodge. The proposal is to tear down the existing lodge and build
the Hotel Lenado. Approval has been given for rebuilding to the 1:1 FAR. Council needs
to exempt the employee unit, a 400 square foot studio unit. The applicant is also asking
that the newly developed lodge be condominiumized. Ms. Penne pointed out there are twelve
conditions recommended by P & Z. In condition 8, the applicant would 1 ike to de,lete ,<~ r
"the use of five clean-burning designed wood stoves and an energy efficient fireplace" and .
replace, "that the applicant must abide by newly proposed city air pollution regulations
in the form they are finally enacted by the city". Ms. Penne told Council she felt this
is fair. Ms. Penne said condition 11 is about a promissory note in the amount of 30 per
cent of the fair market value. Council has the authority not to require this promissory
note. P & Z has to send this condition up; Council has the ability to waive this. Ms.
penne pointed out that since tre old 19dge is being torn down and a new one reconstructed,
it is somewhat unnecessary. The staff recommended that condominiumization not be finalized
until the building is completed.
Councilman Knecht moved to grant subdivision exception for the purposes of lodge condomini-
umization, GMP exemption for the construction of one studio employee unit and a parking
exemption for that unit to the reconstruction of the Edelweiss Chalet, subject to the
conditions 1, 2, 3, 4, 5, 6, 7 with change, 8 with change, 9, 10and 12 in the planning
office memordandum of February 28, 1983; seconded by Councilman Collins. Councilman
Collins said he has had preliminary talks with the architect about some engineering, however,
he does not feel this is a conflict. Council agreed. All in favor, motion carried.
NICK'S FRESH SEAFOOD
I
)
City Manager Chapman told Council Councilman Parry asked this be on the agenda. _NiCk'S
Seafood is primarily a wholesale operation with limited retail. They would like to move
to an S/C/I zone. When they approach the building department, they were informed retail
sales are not permitted in the S/C/I zone. Councilman Collins suggested this proposal
should go through the proper channels, and they should make an application to P & Z.
Council agreed.
RESOLUTION #6, SERIES OF 1983 - Penne, Davis, Horn Improvements
Assistant City Manager Ron Mitchell said that Council has already approved these improve-
ments by motion; they need to formalize them. These improvements are a fence and to
enclose one room.
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