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Home My WebLink Aboutcoa.lu.ec.200 S Aspen Hotel Lenado.19831- 83 9W C$04toe Lenado C ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 925-2020 LAND USE APPLICATION FEES City 00113 - 63721 47331 52100 GMP/CONCEPTUAL 63722 47332 52100 GMP/PRELIMINARY 63723 47333 52100 GMP/FINAL 63724 47341 52100 SUB/CONCEPTUAL 63725 47342 52100 SUB/PRELIMINARY 63726 47343 52100 SUB/FINAL 63727 47350 52100 EXCEPT/EXEMPTION 63728 47350 52100 REZONING 63729 - 47360 52100 SPECIAL REVIEW SUB -TOTAL County 00113 63711 47331 - 52200 GMP/GENERAL 63712 47332 52200 GMP/D ETA I LE D 63713 47333 52200 GMP/FINAL 63714 47341 52200 SUB/GENERAL 63715 47342 52200 SUB/DETAILED 63716 47343 52200 SUB/FINAL 63717 47350 52200 SPECIAL REVIEW 63718 47350 52200 REZONING 63719 47360 - 52200 SPECIAL APPROVAL SUB -TOTAL PLANNING OFFICE SALES 00113 - 63061 09000 52200 COUNTY CODE 63063 09000 52200 ALMANAC 63062 09000 00000 GMP 63066 09000 00000 COPY FEES 63069 09000 OTHER SUB -TOTAL TOTAL Name: - Address Check No. Additional Billin Phone:. Project: 0 ate: No. of Hours: of �' :r u::�e�V�C-C�e.a`CL"1�CC�_�>,�;,vEaerty�.shall- be-°yfn�,strici:.".co�npliaiicc� j va., . CC JP�1 J� . Q► The dwelling units located on the above - described property shall and hereby are restricted to six (6) month minimum leases with no more than two�(2)shorter tenancies per calendar year, all as tz�Wit Aspen Munici al Code, as amended. CASELOAD SUMMARY SHEET City of Aspen 1. DATE CERTIFIED COMPLETE: 2. APPLICANT: STAFF: i!�''iUY�� 3. REPRESENTATIVE: /�,{v�%1� 4. PROJECT NAME: n l 5. LOCATION: ;tO 015E -i-(t 2kiO-5 ket) 0e 'n 6. TYPE OF APPLICATION: 4 Step: GMP PUD Subdivision , . ` 415 2 Step: Subdivision n ulv r K imp �x��n�r�t GMP Exception Rezoning ( SPA 1 Step: Use Determination Conditional Use Fff i2 irlcreQs� "Q -tfte L -3 / V Special Review HPC No. of Steps: Other: 3 7. REFERRALS ✓�� IS School District Attorney anitation District — —Engineering Dept. Mountain Bell Rocky Mtn. Nat. Gas. J, Housing Parks State Highway Dept. T—Water Holy Cross Electric ire Chief City Electric Fire Marshal/Building Dept. Other 6.1/U-. � 8. DISPOSITION/; / P & Z �/ Approved L/ Denied Date i-c�' O,tZ . 5'c.'� T;�� ,N�� E� i n��r� e (1) ti%D ackl ►� i� MMI 1, end,-, OiY' (rc'd, &I C�i -N-)(5 rn(ki 13(]� u c� 1-110r101 �Pu':I t4) ��^�.,� k�1 �� ;, �� --IL' Finr-, nP�[ fl �i 'rl f7�?c.lnci f -('too o , c�c�L o� fl�� lC{1. (wet) -the eK"1ql c11 0( --Ef e ate - h0r6nn own owe uw � -fz_..vn 64V -6Y- poiiirly 0�?u mTaw- --(fir -the- p(rou-x ( i D s�kJ ec_� -Er> 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 14 days or less between December 18 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; 4. The project must be listed with 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 application dated December 28, 1982 which states that a minimum of $725,000 will be put into upgrading/ All upgrading must be completed esureconstruction. of a C.O. and within the time frame described inSectionc20-23(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 unit must be deed restricted to the moderate income employee housing price guidelines and redesignated as a studio unit, not a one bedroom unit;- 8. The applicant must abide by the recommendations of the Environ- ��IF 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 -efficient fireplace. mental Health memorandum to Planning Office(datedeJanuaryn12,on- 1983); 9. The six existing parking spaces must be retained as a pa of this approval, therefore precluding the use of this r for scoring points in a future Gh1P competition; for 10. All necessary documents including the employee unit deed restriction, 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. 0 • Council. Approved Denied Date Feb. . Lr-' L-EKI s c 1%"i i () L s (C4 (CC(YYli n !r L, )1P! <<?7-tC-r1 ino _ Pxemof cn --ror -ff�a� c.cr�«� �rno(ov c� ooi:(� Aonrcv-71 I5 �� • a �"�- � -f(n.� -(c ? ��c�c c?r f'1 r (� �<71 n(� �C�/'l 5 . 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 14 days or less between December 18 and March 20 and must be so specified in the approved condo- 9. P1 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 10. F accommodations and must be so specified in the approved . p 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 unitU must be deed restricted to the middle income employee housing price guidelines and redesignated 11. FII as a studio unit, not a one bedroom uni t, whi ch is not �-z- �Y- Cot i1rea-t-er-9 less than 400 square feet. The title to said unit must be held in common by declarants-cl the condo- minium association. OK 8. The applicant must abide by the recommendations of the Environmental Health Department including service by _ City Water and Aspen Metro Sewer, compliance with the Noise Abatement Ordinance, the paving of all driving and - __parking areas and the --- 0- / C)t1� ti -to 12. ROUTING: Attorney Building Engineering Other V,� ry jTwo parking spaces must be retained as a part of this approval, therefore allowing the use of the four remaining v parking spaces of the six proposed to be used for scoring Points in a future GMP competition; (�l 10. All necessary documents including the C employee u / restriction, the statement nit deed tatement 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; C(l� A plan for on -site water runoff and reten io approved by the Engineering Department. n is to be MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Edelweiss Lodge - Special Review for FAR Increase in the L-3 Zone District/Lodge Condominiumization/Employee Parking Special Review Exemption/Employee Housing Exemption DATE: February 8, 1983 Location: Lots A, B and 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 1:1 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 1:1. The internal floor area ratio established is as follows: Rental Space Non -unit Space .50:1* - .75:1 .25:1 * 33% of all rental space over .5:1 must be deed restricted to employee housing The existing Edelweiss Lodge contains 6,110 square feet, 13 lodge units, six kitchens, two fireplaces and five woodstoves. The applicant is proposing to expand the 6,110 square feet (.68 FAR) of floor area up to 7,571 square feet (.84:1 FAR). As required by Section 24-11.2(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 13 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 1:1, 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 viewplanes;" • 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 following: 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 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 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 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. Referral 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 100 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. is 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 13 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 will 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 14 days or less between December 18 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 4. The project must be listed with 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 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 unit must be deed restricted to the rode -rate income employee housing price guidelines and redesignated as a studio unit, not a one bedroom unit; 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 -efficient fireplace. (Reference: Environ- 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; 10. All necessary documents including the employee unit deed restriction 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. • MEMORANDUM TO: Aspen City Council FROM: Alice Davis, Planning Office RE: Edelweiss Lodge - Lodge Condominiumization/Employee Parking Special Review Exemption/Employee Housing Exemption DATE: February 28, 1983 APPROVED AS TO FORM: ;a A Location: Lots A, B, and C, Block 75, Aspen Original Towns t - 201 E Hopkins Avenue. Lot Size: 9,000 square feet 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: 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. • • 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, 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. • • Memo: Edelweiss Lodge Page Three February 28, 1983 Referral 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 justifying such an exemption. The Planning Office does, however, feel the employee units parking should 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 conven- ient to the site. 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 100 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. Environmental 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. C� • 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 rebuilt. The City Attorney's Office stated that a promissory note must be executed by the applicant, pursuant to Section 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 for the employee unit. Should you concur with our recommendation the appropriate motion is as follows: "Move to grant subdivision exception 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 14 days or less between December 18 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 $725,000 will be put into upgrading/reconstruction. All upgrading must be completed prior to the issuance of a C.O., and within the time frame described in Section 20-23(A)(6)(a) of the Code; 6. A condominium map with the required signatures must be recorded after a substantial portion of the project has been completed and prior to the sale of any units; 7. The employee unit$ must be deed restricted to the middle income employee housing price guidelines and redesignated as a studio unit, not a one bedroom uni t, whi ch is not `, - 'IC-: -greater-- less than 400 square feet. The title to said unit must be held in common by declarants 7t the condo- minium association. or Memo: Edelweiss Lodge Page Five February 28, 1983 alai i ✓J O'LiA c. YLp P��JOSa� ( i t 0 P a v l c 10. The applicant must abide by the recommendations of the Environmental Health Department including service by City Water and Aspen Metro Sewer, compliance with the Noise Abatement Ordinance, the paving of all driving and parking areas and the use -of --five clean -burning designed -waed-stoves and an energy -efficient fireplace. (Reference: Environmental Health memorandum to the Planning Office dated January 12, 1983); Two 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; 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 promissory note in the amount of 30 percent of the fair market value of the property in question must be posted with the City Manager to ensure the proposed improvements to the Edelweiss will be completed and to ensure when they will be completed; and (I A plan for on -site water runoff and reten*ion is to be approved by the Engineering Department. • Li L] 1 20-22 SUBDIVISION 1 20-23 (2) Evidence that the property has historically rented for terms in excess of one month periods at a price within 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 condominium ization 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 condom iniumization by the plan- ning and zoning commission. This inspection shall primarily concern itself with fire, health and safety conditions —the intention is not necessarily to bring old structures to full compliance with new construction codes. (Ord. No. 53-1977, § 1; Ord. No. 39-1978, §§ 1, 2; Ord. No. 14-1981, § 1) Sec. 20-23. Condom iniumization of lodges. (A) Requirements. 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: Supp. No. 25 1237 e 1 20-23 ASPEN CODE 5 20-23 (1) The condominium units created shall remain in the short-term rental market to be used as temporary accommodations available to the general public. It shall constitute prima facie evidence that the appli- cant has complied with this paragraph if a condomin- ium declaration for the condominium sought to be created shall be filed in the records of the clerk and recorder of Pitkin County, Colorado, which shall provide, interalia: (a) An owner's personal use of his unit shall be restricted to fourteen (14) days or less during the seasonal period of December 18th through March 20th. 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 to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. 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 of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the clerk and recorder of Pitkin County, Colorado, and may be collected by foreclosure on an owner's Supp. No. 25 I _ § 20-23 1238 § 20-23 condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the city the right to enforce the restriction by the assessment and the lien provided for hereun- der. If the city enforces the restriction, the city shall receive the funds collected as a result of the W rn LJ § 20-23 SUBDIVISION § 20-23 assessment for the violation. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. (c) The city 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. (2) A lodge that is condominiumized shall provide a minimum of two (2) pillows of employee housing or that amount of employee housing that has been provided for three (3) years previous to the time of condom iniumization, whichever is greater. As used herein, "pillow" means sleeping accommodations for one person. (3) A condominiumized lodge shall provide on -site management and maintenance and other tourist accommodation services consistent in quality and quantity to those provided during the high seasons for the three (3) years previous to the time of application when the property was operated as a lodge. Any condominiumized lodge shall provide or contract for on -site management from 8:00 a.m. to 8:00 p.m. seven (7) days a week during high season. A condomini- umized lodge shall provide or contract for on -call services twenty-four (24) hours a day, maintenance of the grounds, common elements and emergency unit repair consistent with those provided by the lodge for the three (3) years previous to the time of application when the property was operated as a lodge. At the time of application, applicant shall provide a sworn and notarized affidavit stating what services were provided for the three (3) years previous to the time of application. This affidavit shall address: (a) Whether breakfast has been provided. (b) Whether there has been front desk serving the guests. Supp. No. 23 1239 • 0 0 • r t 1 1 I 1 20-23 SUBDIVISION 1 20-23 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- menting 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- cil and 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 dis- 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 in 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. The promissory note shall 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 1241 20-23 ASPEN CODE 1 20-23 i 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 costs and reasonable attorney's fees shall thereupon be uti- lized to physically upgrade the lodge facility as per ap- plicant's plans. The trust deed shall 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 subordinated to any instrument intended to secure the payment of 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 trust 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 condominium ization 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 • • I 1 • j� I '1 'i .I 120-23 SUBDIVISION . 120-24 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. Condominiumization 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 a lodge: (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 this section 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. 27 1243 0 ri W a a= r 0 120-23 SUBDIVISION . 120-24 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. Condominiumization 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 a lodge: (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 this section 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. 27 1243 0 ri W a a= r 0 STATEMENT OF EXCEPTION t, tA.. s060'VrSit� P(?dCESS FROM 9t w� � e FOR THE PURPOSE OF CONDOMINIUMIZATION aF t}�7'64- LE0A'00 CONOcrtrNr vey WHEREAS, LONVRUN, LTD., a Colorado Limited Part nersh i o, (heawe?'imafter referred to as "owner") is the owner of a parcel of arfi;'i (hereinafter referred to as "property" ) leoally described a� ;.ots A, B & C, City and Townsite of Asoen. County a Pitkin, Colorado, on which there is situate the Edelweiss Lcidae,and te JAI WHEREAS, owner has renuested an exception from ubdivisiort �ettt1r>- �� for the ourpose of awpodividino a reconstruction of the Ire isting lodge Drc-Derty through condominiurniz_ation into thirteen �..units ar,d one employee unit, and o•c j 1 WHEREAS, the AsDen Planning and Zoning Commission. at its 44 a weet ir,g held on the 8th day of February, 1983, determined that exception from subdivision renulatic" is �� and recom- mended that the same be nrante'r° 1�4 WHEREAS, The City Council of Aspen. Colorado, at its rneetlnr theld or, the 2'8th slay of February, i983, moved to grant SUbdivi- slon exception for the Durposes of lodpe condomir,iumi?ati��rt, pursuant to Se _ 71 ` c.f the Asoen Mt_rr,iCi aal Codce •�s , S 79 - is 'r7 tX'%Me., co .d .� s1 `ftAW.`K J --' NOW, THEREFDRE. The City CoUnCi 1 of Asc-er,. Colorado, bcte•s hereby determine gnat the proDosed ,division, of the reco•rtstruC- tion of the reconstructed lodge Drc�Derty by its cor,dorainiurni a- t i on shall be permitted Pursuant to Sect - , c. cif the t•c,�c� c subject to the fr.lYowing conditions: 6 �-I`r(''� 1. Condominiumizatior, documents-aoproved by the City Attor- ney's Office must be filed with the Pitkin County Clerk arid Recorder; ,S. The owner's personal use of a lodge cor,dorniniLun UY,it roust be limited to 14 days or less between, December 16 and March 20 and must be so specified in the aoDroved cori jornir,iurn dclCu— , r-TsTsr,t s a �''/ �titwvJ�s f �,3eix i.+et 540 ! r u,r�83) kr ( 3. On -site rnartac�ement and rnaint rtance ar,d tourist accornrno- dat ions must be consistent in gt_ra1 : ty and quart ity to these described in the owner's affidavit submitted as part of the amne_r' s application for Subdivision exceot lor, and roust be so specified) in the aDDroved condominium documents: jcIs, II D,+ L K � rovksj 4. The project Must be 1 isted with and uS-e �isr�eri Central !Reservations or any other ortlpara b l e local red}ervat i or, E.y5t ern t O anSUre the Units' _ - - as she art -term aCC��,rnm4Gat 1oY,5 ante! CUst be so specified in the aooroved condominium 00Ct_1raer5ts; 5. The lodge shall be pnraded by ar, crna�_�nt. in excess cif 30 per cent of the free rnar.ket vialue of the present 1c-dce,� - t�'4`v(` expenditt_ires listed in the owner's apolicat i.ort dated' December 28, 1982, which states that a m i n i mUrn d�f �7S" �k��i will be put into upgrading/reconstruction. All uooradirm rnt_ist be completed Drior to the issuance of a certificate of OCC�_tc(ar'CV, and within, the tirnefrarne described in Section 20-23(A) (6) (a) c'f the Code; 6. A condominium map with the required signatures roust be recorded after a substantial portion of the project has been completed arid prior to the sale of any units; most tc o+1em «4�+MM rlo• a vPK 4 i. R� the emr�lcyee t_tr,i1; ;roust be deed-, estricted to the rnidd,le income ernDloyee housing �=•s� ❑uidelines and rnirdesionated as a studio unit. The title to said unit roust be held by the condcomin- i urn declarant or in cornmor, by the condominium assoc i at i cir, : tr 1 C� B. The owner mSent, abide by the recommendations of the Environmental Health De including service by City Water, and Aspen Metre Sewer, compliance with the Noise Abatement Ordi- nance, the paving of all drivinq and parkin❑ areas and thFsi+ -wrannyrti City air Pollution reoulations, - - f' ei��ct�d—t�i�Lc+e E�: �•Y,. (Reference: Environmental health memorandum to the Planning Office dated January 12. 1983):• �dr•d,•�t r- 9. Two parking spaces must be retained as Orr - If this approval, therefore allowino the use of the four remainino par- king spaces of the six proposed to be used for scaring points in a future GMP Competition; 10. All necessary documents, including the employee unit deed restriction, this statement of exception, and condominium documents must be reviewed and approved by 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 Department. Dated this -_-- day of _ _ _ - 1983. Mayor ----------- ------- City y Clerk er k I, Frank S. Peters, doneral partner of the general partner of LongRun, Ltd., owner of the herein described Property, agree to the terms set forth in this statement of exception. Frank- S. -Peters -------- I, Daniel Delano, general partner of the general partner of LongRun, Ltd., owner of the herein described Prooerty, agree to the terms set forth in this statement of exception. ---------------------------- Daniel Delano STATE OF COLORADO ) SS. COUNTY OF P I TK I N - ) Acknowledged, subscribed and sworn to before me this day of ........... , 1983, by Frank S. Peters and Daniel Delano.- - MY commission expires Witness my hand and official seal. ----_____Notary Public •-__-.-_-• to r, . • • B. The owner rnu abide by the recormnendations of the Environmental Health De rtrnent, including service by City Water and Aspen Metro Sewer, comDl iance with the Noise Abaterient Ordi- nance, the oavinq of all drivinq and oarkino areas and the.cow-y- -�+t' City air oolIution re❑ulations,, i-wl +k-- ity=-�.�+�J • f i r= 1 1 e,.-+,: + (Reference: Env i ronrnent a 1 Health memorandum to the Planning Office dated January 12, 1983>; .rV-t-j'A �. TWO Darkinq spaces must be retained as this approval, therefore allowing the use of the four rernainirlo bar- king spaces of the six oroDosed to be used for scaring points in a future GMP comDetition; 10. All necessary documents, includinq the emolovee unit deed restriction, this statement of exception, and condominium docurents must be reviewed and aoDroved by 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 Department. Dated this day of _..-- - - ......__.., 1983. -.-------------------------- - Mayor ---------City Clerk I, Frank S. Peters, dneral partner of the general partner of LonaRun, Ltd., owner of the herein described Droperty, agree I, KATHRYN S. KOCH, do hereby certify that the fore- going Statement of Exception from the Full Subdivision Process for the Purposes of Condominiumization of PARK PLACE was con- sidered and approved by the Aspen City Council at its regular meeting held , 1982, at which time the Mayor, RMAN EDEL, was authorized to execute the same on behalf of the �ity of Aspen. I KATIIRYN S. KOCH, City Clerk -2- DECLARATION OF COVENANTS RESTRICTIONS AND Cr11M'iI0NSf FOR THE LT iN-t3UILDIIvG (A—t:UfiiDU.iINIUlI) �- u6� 8�T}� +iv j t� L E+,1tfld CON U/ N / 01 DrB0RAIt--L:- SEGUIN- (hereinafter "CovenanCor") , for Lore P,.44 , a �r<<r1s I• 1c2 `. r l� -}ter-smolt—an-d�- aLr .-,—p-c - nal;:= ep-re-sent-a-t�i-veB4 successors and assigns, in consideration for the granting of an exception from the full subdivision process for the purpose of ondominiumiza- , --�---mow- tion • -1 ., - � t- n PL 1� r o izi •is�n , -LA nmr.1 all with respect to the following described property, hereby covenants with the City of Aspen, Pitkin County, Colorado, to restrict said property, and hereby does restrict said property as follows: 1. Covenantor represents thatis the record title owner of the following described property, together with the improvements (including a commercial structure) located thereon: Lot L, Blolk _.�0 , ®riginal Aspen Toms ite , City •pf Aspen,,,, County of Pitkin, State of Colorado, also known as a"--..E:—Hop-kins-Avenue; -Asp er-,--Colorado-81611 . 2. The--twY);i;i(`24 dwelling' units located on the above - A — e-f3 described property and described as Unit—an-d::�_A , THE SEGUIN BUILDING (a Condominium) shall and hereby. are restricted solely to use as employee housing as", -described in Section 24-11.4(b)(4) of the Municipal Code of the City of Aspen,asnlend`ed, and to •rental and sale terms and price guidelines, qualifications guidelines, and to occupancy limitations within "l income" U housing eligibility guidelines now established by the City Council of the City of Aspen, or as such. guidelines may from time -to -time be amended by the City Counci� Wit (' 11011c of LLe covcu:1131'a r.npY:ti.ncd herein sliall be • released or waiveAln any respect during tloperiod they are binding without the prior consent of the City of Aspen reflected by resolution of the City Council of the City of Aspen. IN WITNESS WHEREOF, this declaration has been duly executed thiS day of February, 1983. L•'BORAFI L. SEGUIN STATE OF COLORADO ) its :•r COUNTY OF PITKIN ) .• The foregoing instrument was acknowledged before me this day of February, 1983 by DEBORAIi L. SEGUIN. • HITHESS my hand and official seal. My Commission expires:�(p�g Atar0.-lic Address of Not ry: At ., t ,• 1 - 1. 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 amourt. (of each) of such accounts, wit.+;out contribution from one, account to an.. otiie , ror 'the same purpose,, and in th,: same order as -is pr-ovicied 'ifi 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 intangibl.e 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 -property 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 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 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, reaching room and Ja.cuzzi-. 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 Cond.ominiumized 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 Munic.pal Code of the City of Aspen, Colorado, as such Ordinance and Municipal Code are presently constituted] use and maintenance of the common elemenyts 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 ly set forth in this paragraph 33;. and, re - and Code, which requirements are fulquired 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 Iaccommodations available to the general tourist market. This condi- tion shall be met .by inclusion of the Units, at comparable rates, in any local ruservatidn 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. M6 -16- 0 ON 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) per<on. The Unit designated on Exhibit U and on the Condominium map as the "Employee Unit" shall be leased by the Association from the Declarant (for a rental price not to cxceeu H t 10 eun-ty-employee housing guidelines) 41 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 shall 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, HOTEL 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 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 quality 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 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 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. 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 class lodge facility as contemplated by such Ordinance and Code, the Declarant -17- • • P et% agrees for itself, and its successors, grantees and assigns, that the following rpriuirements 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 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 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 action 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 provisions 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. 64 Jbr 1, j.C� �s 1 • r0 � SaccaS�S `/ �� no 0 • IN WITNESS WHEREOF, Declarant has duly executed this Declaration this day of . 1983. Declarant: LONGRUN, LTD., A Colorado Limited Partnership By: a General Partner _eca U 9- L�215 K ;. s»' oil - - -- O� l t r•,-r o� DECLAi3ATI0i+ OF CUVENAji'I':; ANU FOR v Tii : HOTEL LF14AD0 CONDOMRIIUAS LONORUN, 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 following 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: 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, 3lock 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 d, TiiE HOTEL LE:NADO MiDOMINIUiAS, 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- housin-g eligibility guidelines now established by the City Council of the City of Aspen, or as such uidelines may from time -to -time be amended by the City Council. 3. In the event that any municipal improvement or improvements of a kind contemplated in Section 20-1e of the Municipal Code of the City of Aspen, as amended, become, in the sole judgement 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 ')asis 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 binding on all parties having any right, title or interest in the said Uft-it--&, THE HOTEL LENADO CONDO:4I:JIU,4S, 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. .0 • IN WITNESS WHEREOF, this declaration has been duly executed this day of May, 1983. LONGRUN, LTD. By: Frank S. Peters, general partner By: _ Daniel Delano, genera]. partner STATE OF COLORADO ) SS. COUNTY OF PITKIN ) The foregoing instrument was acknowledged 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 0 Daniel 10ano 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 24-3.5, 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, B 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 & area 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- lowable 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 0 0 E to represent 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 special approval as required by the Code (Sec. 24-11.2 subparagraphs g & h) to construct that employee housing unit re- rVA44f, ferred to above, an accessory dwelling unit to be deed -restricted in ac- cordance with Sec. 24-11.4.b.3 of the Code. Finally, we hereby apply to condominiumize Mountain House as a lodge pursuant to Sec. 20-23 of the Code, excepted from full subdivision 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. Exhibit 3: A draft of a proposed Condominium 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 notarized Affidavit 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 3 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- al 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 twenty 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 additional 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. Our architect: Harry Teague, designer/builder of the Aspen Community School, among other places. We are neighbors in Lenado, the other side of Red Mountain. Elizabeth Jones, who is to be a limited partner in our venture, has owned the Edelweiss for 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. erely yours, l Daniel Delano 0 • § 20-23 ASPEN CODE § 20-23 I (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. (f) 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 remain 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 applied `o the upgrading of the lodge facility i-irr,vint to plans* submitted to and approved '--y the c :y building inspector within nine (9) montlis or condominiumization approval and the upgrading =a completed 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 • V 0 V 0 • Mountain House - EXHIBIT 2 Supplementary Site Inventory Edelweiss Lodge: Approximate floor area rental space _ •4660 sq ft Approx. floor area Lodge non -rental space* 835 sq ft Workshop & Storage in accessory building* 565 sq ft 6110 sq ft *includes some mechanical area that doubles as storage area Mountain House: _:Proposed floor area rental space (approx) 4475 sq ft non -rental (above grade) 2225 sq ft " employee housing 400 sq ft Total proposed abovegrade floor area** 7100 sq ft External floor area ratio** •79:1 Subgrade rental (storage) 45 sq ft Subgrade non -rental 2675 sq ft Subgrade Provisional space 1085 sq ft 3805 sq ft **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 breakfast. room/bar there will be a woodstove also, and in the central lounge a fireplace. Other Mountain House amenities are located on the Plan (Exhibit 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. e OWNERSHIP ANI) EWUMBIoCI. REK)RT 10319 Ti • Mountain House - EXHIBIT 1 11.75. OU STEWART TITLE OF ASPEN, INC. 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: 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 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 (late 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. DatL'd at Aspen, Colorado, this STEWART TITLE OF ASPEN, INC. / BY Authorized Signatur/ 17th day of December A.U. 1982 at 8:00 A.M. M,«! For 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 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. .w J I • Filed for record lurch 30, 1973 at 10:4[ A.N. Reception No. 156557 Peggy E. Hiklich, RecorileV�G. RELZASE OF COLLATERAL ASSIGNMENT FOR PURPOSES OF SECURITY KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, HAR11Y W. POSCHMAN, by Collateral Assignment for Purposes of Security, dated May 20, 1972 and recorded May 30, 1972 in Hook 263 at Page 9G6 of the records of the Clerk and Rscorduc for Pitkin County, assigned to the Bank of ASpcn, of Aspen, Colorado, ith successors or assigns, that certain Deed of Trust, and Pro:aiysory Note described therein, executed I by Edelweiss Associate:; Incorporated and recorded on January 17, 1967 in Book 225 at Page 210 and recorded March 27, 1967 In 1 Book 226 at Page 171 of tnu records of the Clerk and Recorder of Pitkin County as collateral security for the payment of the iM indebtedness reforrud to in said Assignment, and I WHEREAS, said indebtedness has been paid and the , purpose of sold Assignment batlslied, NOW THEREFORE, in consideration of the promises and other good and valuable consideration, the receipt whereof is hereby acknowledged, thu undorsigned hereby releases, quit -claim: and convoys untu the said harry W. Poschman, all the right, title and interest Which the undersigned has in and to said real property as Assignee in said Assignment. TO HAVE AND TO BOLD THE SALE, togother with all and singular tho privileges and appurtenancu3 thoreuato belonging forever. IN WITNESS WHEREOF, The Bank of Aspen has caubed its duly authorized oflicor to execute this instrument this clay of March, 1973. a-- TIM BANK OF ASPEN STATE OF COLORADO) I ) County o1 Pitkin ) The foregoing instrument was acknowledged before me Day of March, 1973 by L p _ a. C,?�as 0 -:1 of the Bank of Aspen. Uitpess my hand and official seal. II My coranlsslun expires:"/�`"�- Mountain House - EMIMA 2 Suoplementary Site Inventory Edelweiss Lodge: Approximate floor area rental space 4660 sq ft Appr6x. floor area Lodge non -rental space' 835 sq ft Wor';shop & Storage in accessory building* 565 sq ft 6110 sq ft *includes some mechanical area that doubles as storage area Mountain House: -,'.'Proposed. floor area rental space (approx) 4475 sq ft non -rental (above grade) 2225 sq ft " employee housing 400 sq ft Total proposed abovegrade floor area** 7100 sq ft External floor area ratio** .79:1 Subgrade rental (storage) 45 sq ft Subgrade non -rental 2675 sq ft Subgrade Provisional space 1085 sq ft 3805 sq ft **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 breakfast room/bar there will be a aoodstove also, and in the central lounge a fireplace. Other Mountain House amenities are located on the, Plan (Exhibit 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. Mountain House IRXHIBIT 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, 1933, the owner or a co-owner of the Edelweiss Lodoe 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 acconodations 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; ho•aever, 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. 3abysitting has been arranged for at times, and after many years of no television there has been television. The fireplaces Nave also been enjoyed by the guests, and guests have been offered informal advise 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. E i abeth M. Jones ! j STATE OF COLORADO ) ) SS. COUNTY OF YI'Ti:IN ) This Affidavit was ac'knowled;;ed before ne this 20th of December, 1933, oy Elizabeth :i. Jones. Witness my hand an--; seal. My commission expires: My Comc,i.-lion Expires Sept 23,1385 Not. y Pablic Mountain House - EXHIBIT 7 DESIGNATION & DESCRIPTION OF EMPLOYEE HOUSINJG A minimum of two pillows of employee housing shall be provided in the fora of a one -bedroom deed -restricted unit of approximately four hundred square feet, which shall include a bathroom and a livinSroom/ kitchen/dining area. This unit shall be located at the northwest corner of the first level of Mountain House, designated upon the Plan (Exhibit C): Employee Housing Unit A. Ther shall be provision for a potential additional employee housing with a floor area of approximately 465 square feet, located at the south- west corner of the first level of Mountain House. • Mountain House - Eti:IBIT 8 CONSTRUCTION COST PROJECTION' Equipment Rental, Demolition $10,000 Subcontractors Materials Excavation 15,000 Foundation 25,000 Trenching & Backfill 7,500 Framing 65,000 Finish (inc glazing) 75,000 Masonry 25,000 Plumbing & Heatin-7 90,000 Electrical :35,000 Drywall 20,000 Painting 20,000 Paneling 20,000 Flooring 35,000 Jacuzzi 10,000 Landscaping 7,500 $460,000 In -House Labor (4 carpenter & 2 laborers, 30 :ins) S100,000 Architectural Fee 50,000 Construction Idanagement 45,000 Construction Perio6 Interest 40,000 Permit Fees & i.iiscellaneous 5,000 Contin,encies 25,000 S725,000 EXHIBIT A Proposed Condominium Declaration for THE MOUNTAIN HOUSE CONDOMINIUMS Lots A, B and C, Block 75, City and Townsite of Aspen, Pitkin County, Colorado EXHIBIT B Proposed CONDOMINIUM DECLARATION FOR THE MOUNTAIN HOUSE CONDOMINIUMS Unit 1 1/19 Unit 2 Unit 3 1/19 Unit 4 Unit 5 1/19 Unit 9 Unit 8 1/19 Unit 14 Unit 10 1/19 Unit 16 Unit 11 1/19 Unit A Unit 12 1/19 Unit 15 1/19 Unit 17 1/19 Unit 18 1/19 Note: Unit 13 omitted oy tradition. Units 6 and 7 omitted by design. 3/38 3/38 3/38 3/38 3/38 3/38 (Employee Unit) i Mountain House — F.XIiI3IT 3 CONDOMINIUM DECLARATION FOR THE MOUNTAIN -HOUSE CONDOMINIUMS (A Condominium) KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, LONGRUN, LTD., a Colorado Limited Partnership, hereinafter called "Declarant," is the owner of that real property situated in the County of Pitkin, State of Colorado, more fully described in Exhibit A attached hereto and made a part hereof; and WHEREAS, Declarant desires to establish 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 obligations 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. Unless the context shall expressly provide otherwise: 1.1 "Unit" means an individual air space unit which is con- tained within the unfinished perimeter walls, floors, and ceilings of such unit in the building together 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. 0 1.3 "General Common Elements" means and includes all portions of land described 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"), and 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 its existence, maintenance and safety, which are normally and reasonalbly in common use, including the air above such land, all of which shall be owned, as tenants in common, by the owners .of the separate units, each 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- clusive 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 MOUNTAIN 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 drawings 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. -2- 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 Into Condominium 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 which 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 permission 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 and guests, and to serve others, if the Declarant should apply for and win from the City of Aspen approval of a restaurant use in that space. 3.6 The aggregate or divided undivided interests in the general common elements resulting from any ofthe provisions of paragraphs 3.2, 3.3, 3.4, and 3.5 shall be reflected by an amend- ment to Exhibit B hereof and to the Map, consistent with the requirements set forth in this Declaration. -3- • 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 Declaration: (a) An owner's personal use of his unit shall be restricted 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 or 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 for the benefit of the condominium associa- 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 of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. SE (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 "limited common elements." The limited 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 exclusion of the use thereof by the other owners of the general common elements, 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 sidewalks, 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 Condominium 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. Every 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: Condominium Unit , THE MOUNTAIN HOUSE CONDOMINIUMS, according to*the Condominium Declaration recorded on , 1983, in Book , at Page and Condominium Map appearing in the records of the County Clerk and Recorder of Pitkin County, Colorado, in Book , at Page 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 on such 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 law, 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. -5- 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-Partitionabilitv 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 shall bring any action for partition 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 Liens. Declarant states in accordance with the re- quirements of the Colorado Condominium Ownership Act, that it is possible that liens other than mechanic's liens, assessment liens and taxes liens, may be obtained against the common elements, in cluding judgment liens and purchase money mortgage liens. 12. Easements for Encroachments. If any portion of the general common elements encroaches upon a unit or units, a valid 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 any one 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 shall not be considered or determined 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 Managers 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 Association An owner of a condominium 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 relieve the Association or the Board of Managers of their responsibilities under this Declaration. 0 • 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 i►•revocable 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 as 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 expense of all of the other owners; provided, however, that if such damage is the result of the misuse or negligence of a-untt 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 and 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 limited 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 utilities) running through his unit which serve one or more other units except 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 written, consent 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 structural.modification 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. -7- 18. Compliance lelith Provisions of Declaration, Articles and -Laws of: t?i(. 1'-,ssociatio Each owner shall comply str.ic with the provisions of��is Declaration, the Articles of Incorporation and -By -Laws of the Association, and the decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully amended from time to time. Failure to comply with any of the same shall he 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 maintainable by the Managing 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- ment(s) 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 recorded first mortgage or deed of trust covering or affect-ing any or all condominium units consent and agree to such amend menf by instrument(s) duly recorded; provided, however, that the percentage of the undivided interest in the general common elements appurtenant to each unit, as expressed in this Decla- ration (or in any supplements hereto) shall have a permanent character and shall not be altered, except as a result of expansion of the Project if otherwise permitted herein, in r:h:-_ch event the percentage of the undivided interest in the general common elements shall be computed in the same manner as originally computed in this Declaration, and shall be set forth in a Supplemental Declaration without the consent of all of the unit owners expressed in an amended Declaration duly recorded. Nothing contained in this paragraph 19 shall be construed to preclude or in any way lieu-t the right of Declarant to supplement this Declaration and/or the Condo- minium Map if otherwise permitted herein. 20. Additions, Alterations, and Improvements of General ans_Limited Common Elements.. There shall be no additions, alterations or improvements by the Board of- Managers or the Managing Agent of or to the general and limited common ele- ments requiring an expenditure in excess of Five Thousand Dollars ($5000.00) in any one calendar year without prior approval of a majority of the owners in writing or as reflec- ted -in the minutes of a regular or special meeting of the oviners. Such limitation shall not be applicable to the replacement, repair, maintenance or obsolescence of any general common element or common prop-crty. An individual unit owner shall do no alterations, additions, or improvements (for his individual bone'Lit or -:or the benefit of --iris Unit) to the general common elements or the limited common elements without the approval of the Board of Managers or the approval of a majority of the owners in writing or as reflected in the minutes of a regular or special meeting of the owners. In the IMIN • • event that any such approved alterations, additions or improvements create 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 exist. 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 to 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 any 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 Managing 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 provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations, and improvements of and to the general common elements, which sum may include, but shall notbe�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) which could prevent mortgagees; the Association or the Unit owners or the mortgagor from collecting insurance pro- rI 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, covering all 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 againstsuch 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.premiums, shall be delivered to all mortgagees requesting same at least ten -(10)--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 Managing Agent shall have no responsibility therefor. -10- �I «.0 In the event teat there sh..1.1 b` any damatie or destruction to or loss, to a Unit %-,hich exceeds $1.000.00 or �I any damage of a srruction to, or loss tPhe cOfilnori elements ;I which exce ds 10, 000.00, than not.icc, o : such damage or loss shall be Given by the As:.rocia-Lion to each first mortgagee of said Condominium Unit within ten (10) drays after the occur- '� rencc�- of such event. i 23. Owner's Personal. Obligation for Payment of Assessments. The amount of the common expenses assessed. against each condominium 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 expenses 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 Agent shall Have the responsibility to take prompt action.to collect any unpaid assessment, which remains unpaid more than fifteen (15) days from the due date for payment thereof. In the event of default in the payment of the assessment, the unit owner shall be obligated to pay. interest at the rate of eighteen percent (18%) per annum on the amount -of the assessment from the due date thereof, together with -all expenses, including attorney's fees incurred, together.with such 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 waiving the lien securing same. The Board of Managers shall have the duty, 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. I24. Assessment Lien and Foreclosure. All sums assessed but unpaid for the share of common expenses chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and encumbrances, except only for tax and special assessment Iiens on the unit in favor of any assessing unit, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the Board of Managers or the Managing Agent shall prepare a written notice of lien assessment setting forth the amount of I such unpaid indebtedness,. the name of the owner of the condo-- : minium'unit and a description of the condominium unit. Such a j notice shall be signed by one of the Board of Managers or by one of the officers of the Association or by the Managing it Agent and shall be '.recorded in the office of the Clerk and II! Recorder of Pitkin County, Colorado. Such lien for the cororion +i� expenses shall attach from the date of the failure of payment i of the assessment. Such lien may be enforced for the fore- closure of the defaulting owner's condominium unit by 'the i� ?association in like :Wanner as a mortgage or deed of trust on real property •su`_.sequent to the recording of a notice or claim 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 same. The Association shall have the I,ower 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 otherwise deal with the same. Any encumbrancer holding a ' lien on a condominium unit may pay, but shall not be required to pay, any unpaid coptnen 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 same rank as the lien of his encumbrance. Upon request of a mortgagee, the Association shall report to the mortgagee of a c0110omi.nium unit any unpaid assessments remaining unpaid for longer than twenty-five days after t%e same are due; provided, however, that a mortgagee shall have furnished to the Managi.j1CJ Agent or the Board of Managers notice of such encumbrance. I� 25. Liability fo-r Common Exi3enses,. Upon Trance t--,_U f Condominium Unit is joint. U3on a -cnt to the g .I _ I P Y .1.i n F,gent, or. if there is r:c Managing Agr:nt, then to z 0- A.;;:,, 0 c j. a tion of a reasonable fee, and upon the written re pit,;t of any -1 - I � I� owner or any mortgagee or prospective mortgagee 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 written 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 premiums, but not including accumulated amounts for reserves -.or sinking'funds, if any, which 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 with within ten (10) days-, all unpaid common expenses which become due prior to the date ofmaking 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 hereinabove* provided, and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Agent, or if there istno Managing Agent, then from the Association, setti_ng forth the amount of the unpaid assessments, if any, with respect to the subject unit, the amount of the current assessment, the ,i date that such assessment becomes due, 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-ment shall be complied with within 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 provisions i set forth in this paragraph shall not apply to the initial sales and conveyances of the condominium units made by Declar- ant, and such sales shall be free from common expenses to the I} date of conveyance made or to a date as agreed upon by Declar- ant and Declarant's grantee. 26. Mortgaging.a Condominium Unit - Priority. An owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or, other security instrument. -A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a condominium unit may create junior mortgages, liens or encum- brances on the following conditions: 26.1 That any such junior mortgages shall always be I; subordinate to all of the terms, conditions, covenants, re-. +stcictions, uses, limitations, obligations, liens for common expenses and other obligations created by this Declaration, the Articles of Incorporation and the By -Laws for the Associa- tion. 26.2 That the mortgagee under ;-Any junior mortgage --Ball release, for that purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises by the Associa tion.' Such release shall be furnished forthwith by a junior mortgagee upon written request of one or more of the members of the Board of Managers of the Association. 27. Association as Attorney -in -fact. This Declaration does hereby make mandatory the irrevocable appointment of an attorney -in -fact to deal with theproperty upon its damage,. destruction:or obsolescence. Title Lo any condominium unit is declared and expressly made subject to the term'; and conditions hereof, and accep- tance by any grantee of a deed or other instrument of con- veyance from the 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 Presi- dent and Secretary.or Assistant Secretary, shall have full and complete authorization, right and power to make, execute and deliver_ any contract, deed or any other instrument with respect to the interest of a condominium unit owner which are necessary and appropriate to exercise the powers herein 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 any insurance collected shall be available to the Association for the purpose of repair, restoration or replacements unless the owners and all first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter. 27.1 In the event of damage o 'r destruction due to fire or other disaster,.the insurance proceeds, if sufficient to reconstruct the improvements, shall be applied by the Associ- ation, as attorney -in -fact, to cause the repair and restora- tion of the improvements. 27.2 If the insurance proceeds are insufficient to repair and reconstruct the improvements, such damage or destruction shall be promptly repaired and reconstructed by the Associ- ation, as attorney-i.n-fact, using the proceeds of insurance and the proceeds of an assessment, if the insurance proceeds are insufficient, to be made against all of the owners and their condominium units. Such deficiency assessment shall be a common expense -and made pro rata according to each owner's percentage interest in the general common elements and shall be due and payable within thirty (30) days after written notice thereof. The Ass-ociation shall have full authority, right and power, as attorney -in --fact, to cause the repair or restoration of.the improvements using all'of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shall be a debt of each oi.lner and a lien on his condo- minium unit and may be enforced ai;d collected as is provided in paragraph 24. -In addition thereto, the Association, as attorney -in -fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency assessment, within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner. shall -13- be required to pay the Association the costs 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, as attorney -in -fact, in the following order: 27.2.1 For payment of taxes and special assessments liens in favor of any assessment entity and customary expense of sale; 27.2.2 For payment of the balance of the lien of any first -mortgage; 27.2.3 For.payment of unpaid common expenses and all costs, 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 unit owner. 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, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association'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 Map, Articles of Incorporation z:nd By -Laws. Assessments for common expenses shall not be abated during 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 other's•interest .n the common, elements, and 'such divi.ded proceeds shall be paid into separate accounts, each such account representing one of the Condominium Units. Each such account shall be in the name of the Association, and shall be further identified by she Condominium Unit designation and the name of the owner. 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 represented 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 property. Such appor- tionment shall be based upon each Condominium Unit owner's interest in the common elements. The total funds of each accourit shall be used and disbursed, without contribution, 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 subparagraphs (27.2.1) through (27.2.5) of this paragraph. 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 first mortgageo s of rocoj-d at: the cimo of the adoption of such plan. ' If a plan for th,:� renewal 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, that -an owner not a party to such a plan for renewal or reconstruction may* ,.give written notice:to the Association within fifteen (15) days after the date of adoption 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-(thereafter) within 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 (30) 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 following 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 two designated or selected 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 appointed shall nominate two appraisers, and from the names of the four appraisers so nominated one shall be drawn by lot by the appraiser appointed by the owner in the presence of the -other appraiser, and the person whose name was so drawn shall be the umpire. The nominations from whom the umpire is to be drawn by lot shall be submitted within ten (10) days of the failure of the two appraisers to agree, which, in any event, shall not be later than twenty (20) days following the appoint- ment .of the second appraiser. The decision of the appraisers as to the fair market value, or in the case of their disagree- ment, then the decision of the umpire, shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Association and the owner. The sale shall he consummated within fifteen (15).days thereafter, and the Association, as Attorney -in -fact, shall disburse the 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 aggregate ownership interest of seventy-five (75%), or more, of the general common elements, with the consent of all first mortgagees 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 Association's President and Secretary or Assistant Secre- tary, the entire premises shall be sold by the Associ-ati6n, as Attorney -in -fact for all of the owners, free and clear of the provisions contained in this Declaration, the Map and the By -Laws. The sales proceeds shall be apportioned between the owners on the basis of each owner'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 Association and shall be further identified by the -1.5- 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 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 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 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 virtue 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 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. -16- 9 0 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 "Employee Unit" 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 shall 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 Lodge during the three years prior to the date of this Dec- laration, MOUNTAIN HOUSE to bea 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 quality 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 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 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. 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 class lodge facility as contemplated by such Ordinance and Code, the Declarant -17- 9 • 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 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 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 action 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 provisions 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. IN WITNESS WHEREOF, Declarant has duly executed this Declaration this day of . 1983. Declarant: LONGRUN, LTD., A Colorado Limited Partnership By: a General Partner Mountain House AHIBIT 4 BY—LAWS OF THE MOUNTAIN HOUSE CONDOMINIUA ASSOCIATION ARTICLE I OBJECT 1. The purpose for which 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 by 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 "units") 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, MAJORITY OF OWNERS, QUORUM, PR07IES 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 J 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 or in any way connected with ownership and membership and the covenants and obli- gations incident thereto. - 2. Votin : 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 for voting purposes. Cumulative voting is prohibited. Unless 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. Majority of Unit owners: As useu �,.the term "majority of unit owners" shall mean more than fifty (502) percent of the undivided ownership of the general common elements. 4. onorum: 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 Le bindingg nn all unit owners. -2- (I W • i 5. Proxies: Votes [nay be cast in person or by proxy. Proxies must be filed with the Secretary before the appointed 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 shall b6 held at such place within the State of Colorado as the Board of Managers may determine. 3.' Annual Meetings: The first meeting of the Association shall be held on the last : 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 last 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 be meld 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 Meetings: 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.delivery of such notice shall be considered notice served. 6. Adjourned 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 by Declarant: Notwith- standing the provisions of paragraph 3 of Article III, the rights, duties and functions of the Hoard of Managers shall, at the Declarant's option, be exercised by the Declarant until th ee-fourths ( 3/4 ) of all condornini um unity have been sold and conveyed. -4- ARTICLE IV BOARD OF MANAGERS 1. Number and Qualification: At the first meeting there shall be elected f rom 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 and for the operation and maintenance of the condominium project as a first class residential condomin- 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 Duties: 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. -5- (c) To incur such costs and expenses as may be necessary to keep in good order, condition and repair all 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 an amount equal to the maximum replacement value. To insure and keep insured all of the common 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 maintain 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 budget 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 allocate 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 other 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 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 condominium units (.including all fixtures; interior wally and partitions; decorated and finished surfaces of perimeter walls, floors and ceilings; doors, windows and other 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 behalf. of the unit owners under or by reason of the Declaration and the By -Laws of the Association; for any deficit arising or any deficit remaining fro►n 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 of the quarterly or monthly assessments, and remit or return any excess of assessments over expenses, working capital, sinking funds and reserve (for. deferred maintenance and for 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 than $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 (15) days from due date for the payment thereof, together with all expenses, including attorney's fees' incurred. -The Board of Managers 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. (g) To protect and defend in the name of the Asso- ciation any part or all of.the condominium project 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 Board 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 as their interest in the general common elements. (i) To enter into contracts to carry out their duties and powers. (j) To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed advisable. (k) To maintain t.he.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 Board of Managers. or the Managing Agent of or to the general and limited common elements requiring an expenditure in the excess of Five Thousand Dollars ($5,000.00) in any one 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 limitation shall not be applicable to the replacement, repair, maintenance or obsolescence of any general or limited common element or common property. (1) To keep and maintain full and accurate books and records showing all of the receipts, expenses or disburse- ments and to permit examination thereof at convenient weekday Lousiness hours by each of the owners, or their mortgagees, i•f appl i_cable. UZ and deliver annually to each owner a (m) � prepareY statement showing receipts, expenses or disbursements since the last such statement. (n) To meet at least semi-annually. (o) To designate and remove the personnel necessary for the maintenance, operation, repair or replacement of the common elements. (p) In general, to carry on 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 from time to time by the Declaration and i By -Laws which may be delegated to such Managing Agent by the Board of Managers; provided, however, 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, obligations or other provisions of the Condominium Declaration, the Bylaws or the house rules and regulations 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 the term of office of one Manager shall be fixed for three (3) years; the term of office of one Manager shall be fixed for two (2) years; and the term of office of one Manager shall be fixed at one (1) year; provided, however, that the terms of office for not less than 1/3 of the members of the board shall expire annually. At the expiration of the -9- initial term of office of each respective Manager, he shall serve until his successor shall have been elected and the ,Board of Managers shall hold their first meeting thereafter, except as is otherwise provided. i 6. Vacancies: Vacancies in the Board of Managers caused Iby any reason other than the removal of a Manager by a vote of the Association shall be filled by vote of the majority of the remaining Managers, even though they may constitute less than a quorum; and each person so elected shall be a Manager until a successor is elected at the next annual meeting of the Association. 7. Removal of Managers: At any regular or special i ' meeting duly called, any one or more of the Managers may be removed with or without cause by a two-thirds (2/3) majority of the owners present in person or by proxy. Thereupon a successor may then and there be elected to fill the vacancy thus created. Any Manager whose removal has been proposed 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 Mee_tinds: Regular meetings of the Board of Managers may 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 I each Manager., personally or by mail, telephone or telegraph, at least seven (7) days prior to the day named for such meeting. 10. �pecial Meeting;: Special meetings of the Board of iManagers may t:c called. by the President on three (1) days + _z0__ , notice to each rlanager, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meeting. Special meetings of the Board of Managers shall be called by the 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 of Managers, any Manager may, in writing, waive notice; of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Manager at any 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 required and any business may be 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 Board 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 Managing Agent handling or responsible for Association. funds ::hall furnish adequate fidelity bonds. The premiums on such bonds shall be a common expense. ARTICLE VI OFFICERS - !. Designation: The principal officers of -the Association shall be a Presi- dent, a Vice` President, a Secretary, and a Treasurer, to be elected from among r the Board of '.Ianacrers of •ti,e 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 of Officers: The officers of the Association shall be elected annually by the Board of Managers at the organization meeting 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.a two-thirds (2/3) majority vote of the members, any officer may be removed, 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 shall 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 I 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 f unctions ' 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 -12- all meetings of the Association; he shall have charge of such books and papers as the Hoard of Managers 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 membet'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. Treasurer: 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. ARTICLE VII INDEMNIFICATION OF OFFICERS. MANAGERS AND MANAGING AGENT 1_ Indemnification: The Association shall indemnify every Manager, officer, Managing Agent, their respective succf!ssors, personal representatives and heirs, against all luding counsel fees, reasonably loss, costs and expenses, inc incurred by him in connection with any action, suit or proceedinc arising out of his or their conduct can be=half of the Association, -1 ,- i except that the indemnif icatiod 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 had 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 no personal responsibility on any such contract or commitment (except as unit oarners), and the liability of any unit owner on any such contract or commitment shall he limited to such proportionate share of the total li.ahility thereof as the common interest of each unit owner bears to the aggregate common interest.: of all of the unit owners, except that any • losses incurred because 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 AMENDMENTS TO BY-LAWS AND ARTICLES These By -Laws may be amended 1. Amendments to By -Laws by the Association at an annual meeting or at a duly constituted special meeting for such purpose; provided, however, that, the particulars set forth in Section 38-33-106, 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) majority of the owners shall be required for amendment. s of Incorporation. The Board 2. Amendments to Article of Managers sl-,all adopt a resolution setting forth the proposed amendment to the Articles of Incorporation and tted to a vote at either the annual, directing that it be submi 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 rohibited by applicable laws, including proxy. No amendment p but not limited to, federal tax laws, the Colorado Nonprofit or the Colorado Condominium Act, may be Corporation Act, adopted. The proposed amendment shall be adopted upon receiving at least two-thirds of the votes which member presented by proxy are entitled present at such meeting or re to cast. ARTICLE IX MORTGAGES 1. Notice to Association: An owner who mortgages his unit shall notify the Association through the Managing Agent, -16- 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 the 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 Address: The owners or several owners of an individual condominium unit shall have one and the same registered mailing address to he used by the Association for mailing of monthly statements, notices, demands -17- and all -other communications. Such registered address shall be the only mailing address of a person or persons, firm, corporation, partnership, association or other legal entity or any combination thereof to be used by the Association. Such condominium unit owner or owners shall registered address of a be furnished by such owners to the Managing Agent or Board of Managers 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. 3. Designation of Votin Representative - Prox : If a condominium unit is awned by one person, his right to vote shall be established by the record title thereto. If title to a condominium unit is held by more than one person or by a firm, corporation, partnership, association, or other legal 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 Iif 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 person or alternate persons to attend all annual and special meetings as provided by this paragraph 3. q. Delinquency: 14o 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 Standing to Vote: The requirements herein contained in this Article X shall be first met before an owner 1 n - 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 interest in. and to the general common elements, and shall be due in advance. 2. Notice of Lien .or 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 suitor 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 RIM ir: (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 :hall be at owner's expense, utilizing materials approved by the Association. (c ) An owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in repairing or replacing any general or limited common element damaged by his negligence or by the negligence of his tenants or agents or guests.. 4. Mechanic'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 to deposit with the Association cash or negotiable securities equal to 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 costs and expenses incurred, including attorney's fees incurred for legal 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. Dis- 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 shall be a debt of the owner and a lien against his condominium unit which may be foreclosed as is provided in the Condominium Declaration. All advancements, payments, costs and expenses, including attorney's fees, incurred by the Association shall be forthwith reimbursed to it by such owner_(s), and the owner shall be liable to the Association for the payment of interest at the rate of eighteen (18%) percent per annum on all such sums paid or incurred by the Association. -20- C 5. General: (a) Each owner shall comply strictly with the provisions of the recorded Condominium Declaration and these ByLaws and amendments thereto. (b) Each owner shall always endeavor to observe and promote the cooperative purposes for the accomplishment of which this condominium project was built. 6. Use of Units: Internal Changes: (a) All units shall be utilized only for residential purposes as is provided in the Condominium, Declaration. (b) An owner shall not make structural modifi_ cations or alterations to his unit or installations located pproval of the Board of Managers, therein without the written a 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 the The Association shall President of the Board of tanagers. have the obligation to answer an owner's request -within fifteen 15)-days after such notice, and failure to do so within such time shall mean that there is no objection to the proposed modifications or alterations. 7. Use of Gen = Common Elements and Limited Common Elements: Each owner may use the general common elements, those limited common elements which he is entitled to use, walks athways, roads and streets and other common elements amide . P located within the entire condominium project in accordance with the purpose for which they were intended without hindering cthe lawful ar encroaching upon rights of the other owners, and ained in these ilyLaws ul,'ec_t to the rules and regulations cont Subject Iand established by the Board of Managers as is pravided in paragraph 9 of this Article. -21- 0 0 C 8. Right of En'-r y: (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); 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, w;�I �t annexed hereto and made a part hereof as Schedule (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 attor.neyinfact to deal with the owner's condominium unit upon its damage, destruction or obsolescence, all as is provided in the Condominium Declaration. -22- { ARTICLE XII COMMITTEES 1. Designation: 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 the affairs 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 executive 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 a 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 ofcandidates other than those submitted by the nominating committee at least ten (10) days prior to the election. Unless such names are submitted, either by the nominating committee or by the members, no person shall be elected whose name is not so submitted unless no nominations are made, in which event the names of candidates shall be submitted at the election by the members. 4. Vacancies: A vacancy :in any committee shall be filled by the President. 23- � 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, office-r 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 'effecting 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 and all rights, privileges and powers that they have as unit owners under the Certificate of Incorporation and ByLaws of this Association or by virtue of the recorded Condominium Declaration. Such proxy shall became effective upon the fi.li.nq of a notice by the 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 affirmative votes of two-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 RECrZEATIONAL�FACILITIES 1. The major recreational facilities which are conwnon elements are: Jacuzzi, recreation room, readin j'-room, tv room, 2. New additions of general and limited common elements may be made by the Declarant (a defined by the Declaration) or -by the Declarant's successors, If Condominium he recorded Condominium Declaratio n and if the permitted by t the expense for i nstallation of such additions are paid for by New additions of Declarant s successors.. Declarant or. the the Associa- and limited common elements may be made by general IV, paragraph 3(k). tion subject to the provisions of Articles +s ownership interest in any new or existing A unit owner In the n dements shall be appurtenant to .such unit. commo a unit owner's event of the addition of new common elements, ed other than Voting power in the Association will not be Chang to reflect additional owners - in the event that.ad.ditiona dditional u l units are added to the condominium complex: In the event of • s the number of votes which the owners of the addition of units, titled to cast existing units are en 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 tin it owners are eclaration) entitled (as.designated in the Condominium D. the undersigned initial Board of. IN WITNESS WHEREOF1 day bf o set their hands this Managers have hereunt ,.198 . Daniel Delano Elizabeth AI. Jones The undersigned Secretary of this Association does hereby certify that the above and foregoing'Ey-Laws were duly adopted by the Managers as the Fay -Laws of said Association on 198 (CORPORATE SEAL) ATTEST: Secretary I ::ountain iousI"BIT 5 N ARTICLES OF INCORPORATION OF THE MOUNTAIN HOUSE CONDOMINIUV ASSOCIATION The undersigned, acting as Incorporator of a corporation under the Colorado Non -Profit Corporation Act, sins and acknoaledf;es the follO - in Articles of Incorporation for such corporation. ARTICLE I NA:-IE The name of the corporation shall be The :Mountain (louse 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, 33-33-101 e, seg., as from time to tine it is amended, supplemented or succeeded, (hereinafter called the "Condominium Act") and pursuant to C.R.S. 1973, 7-20-101, et seq., as from time to time it is amended, supplemented or succeeded (hereinafter called "the Nonprofit Corporations Act"), for the operation of The -ountain :louse Condominiums, (hereinafter called "the property") a lode condominium located on Lots A, B and C, Block 75, City and To-ansite of Aspen, Pitkin County, Colorado. ARTICLE III P0`;1E R3 1. The Association shall have all of the comcon law and statutory pc.Lers of a non-profit corporation which are not in conflict With the teas of t ese Articles. 2. The Association shall have all the powers and duties sew forth in the Con60::1in111i� Act except as limited by these Articles and the Con:iominiu'n Declaration, (hereinafter called the "Declaration"') for the propar ty 'and all of the po .,.rs and duties reasonably necessary to operate the Associa- tion as set forth in the Declaration and as it may be amended from t ai to tide, including but not limited to the following: 2-1 To mare and collect assessments against members to C:i---'rccy the co`.,ts, exponses and losses or the Association. 2.2 To use the proceeds- of assessments ir. the F`xerc:ise Of its pow:�r_s and duties. 2.3. To maintain, care for, repair, replace, and operate the condominium property. 2.4 To purchase insurance upon the condominium property and to provide protection for the Association and its members as provided by the Declaration. 2.5 To reconstruct improvements after casualty i and to iucther improve the property. 2.6 To make and amend reasonable rules and regu- lation_ respecting the usL of the Association's property. 2.7 To enforce by legal means the provisions of the Condominium Act, the Nonprofit Corporation Act; "the Declaration, ii these Articles, t:he By -Lacs of the Association, and the rules i' and regulations for the use of the condominium property. it !! 2.8 To contract for the management of the condornin iu �ii property and to delegate to such manager all powers and du ties or the Association except z such are specifically required by t-he Declaration to have approval of the Board of Managers or the membership of the Association. 2.9 To contract for the management or operation of i. )Jrt::_oris of the co.--Mmon elea.,enis susceptible to separate manage- r!:�!n t or op,::ration and to lease such portions. 2.10 To em,)loy personnel to perform the services r'C•.nA1i.i'-_t fc-r prop.--r op- rat'.luri of the Assoc Lttl.othe CGnc:G(li_!1'�.l::n nro?-`'rty. I� i I; - 2- 2. 11 To collect ale l .inauen t assessments by suit or otherwise art(] to enjoin or seek damages fro;n an owner as is provided in the Declaration and By -Laws. 2.12 To pro tec t and defend in the name of the Association any part or all of the condominium project from loss and damages by suit or. otherwise.. 2.13 To horror 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 such instruments (evidencing such indebtedness) deemed necessary. 2.15 To execute con trztc is to carry oti t the duties and powers of the Association. 2.16 To engage in activities which may now or hereafter b` allowed or permitted by lair for a non-profit corporation to actively . foster, promote and advance tyre common interests of the condominium unit o:•mers. E t 3. All funds and the titles of all Properties I t acquired by the Association and the proceeds thereof shall be field in trust for the inembers of the Association in accordance wi'tii the provisions of the Declaration, these Articles, and i the- By-Aja ws of the Association, 4. The powers of the Association shall be s-abj ec t to and shall be exercised in accordance with the provisions of the Declaration and tite By -Laws OE the Association . ; ARTICLE iV MEMBERS - 1 . The members of the Association shall con sis t solely of all record owners of condominium units of the i�sso- cIa Lion. 2. Chan ,i-, of rr;embe r. :hip of the Associa }ion shall b-e c, f c.c t��d ::�•i E 'j t 7t1,1 i;;?�y the record it in the publ is recoy. +' (.) C Pi tk.i n COUn ty, (n l r..i�lC,, of a d,_��:d or other in s tntmen t is estr!hl.isnin_j a chcuir;e Ln record title to it condominium unit -3- is I and the delivery to the Association of a certified or machine t copy of such inst:.run,!nt. The meimb:!rship of the prior own: r :.;hall thereby he terminated. !! 3. The share: of a inembe>r in tha funds and assets of f I the Association cannot be assigned, hynathecated, or trans- ! fcr. red in an n Inner except as an appur tenaanca to his condo- Y P .. mLnium uni t_ 4 . The mei:ibers of the Association shall be entitled to vote for each condominium unit owned by them. The exact number of votes to be cast by owners of a condo;li in ium unit and the manner of exercising voters' rights :hall b` deternined by the Fay -Laws of the Association. 5. The r:ir3h t of a member to vote may be denied it i that member is delinquent in payment of Association assessments_ ARTICLE v I " BOARD OF MANAGERS ERS is !w I 1. The affairs of the Association will be managed �j by a Board consisting of the number of HunaUers �'is shall be it !} determined by the By -Laws, but not less than three (3) nor more than seven (7) Mlanagers . .I f2. Managars of the Association shall be electe.d at the annual meeting of the members in the nanner de termined by the Fay -Laws. Managers may be removed and vacancies on the is Board of Managers shall be filled in the manner provided by the By -Laws. 3. The initial Board of Managers shall consist of three (3) members. The 'Managers herein named shall serve ' Lin ti.l the first e.ect"ion of Managers and any vacancies in !� their number occurring before the first election shall be i:i.' led 1.�,' -he remaining t•tanagc�rs. i; �;. Th_� names an,_1 acldr sses of the me:abers or the ril_st. Do,:id of who shill hold office until Uieir I. succ(,!! nor. . are elt_ct:ed Zt;i.i ha,re (lualified, or until r.2moved, .1r.n as follows: f: I� I: •• Frank S. Peters 609 West Smuggler St, Aspen, CO 31611 Daniel Delano 609 West Smuggler St, Aspen, CO 81611 Elizabeth 14. 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 Managers are as follows: President: Secty/Treasurer Frank S. Peters 609 blest Smuggler Street Aspen, CO 81611 Daniel Delano 609 :lest Smuggler Street Aspen, CO 81611 ARTICLE VII REGISTERED OFFICE The registered office of the Association shall be 609 :Jest 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 Manager 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 -5- ... try.'.. of. icc^_r at t1he Livia such expz:nses are incurred, ex.cep` In Sllch Villerein thi! k4c-tnager or officer is adjudged guilty of %,ri.11lul misfeasance- or malfeasance in the performance of his du tit-s; provided that in the event of a settlement, the indemni- fication herein shall apply only when the Board of Managers approves such settlement and reii,-ib irsefMent as being for the .i best interests of th Association. The foregoing ri-L-Tht of j' indemnification shall be in addition to -and not exclusive of ;: all other rights to which such Manager or officer may be en ti tled . ARTICLE IX BY -LAMS The first By -Laws of the Association shall be adopted by the Board of Managers, and may be altered, amended or revoked in the manner provided by the By -Laws. ARTICLE X AMENDMENTS Amendments to the Articles of Incorporation shall be proposed and adopted pursuant to and as required by the terms of the P.onprofi t Corporation Act, as amended from time to time ARTICLE XI' TER NI The term of the Association shall be perpetual, unless the Association is termina tod sooner by th-a una lir,.ous Action of its meinlhers. . The Association shall be. terninated by the termination of the condominium in accordance with. the )rovis .ons of tho Declaration_ e; ARTICLE XII i rTOrrPROFr•r ASSnCIA'cIGN This F:ssoc,•i.aLion is not organize,1 for profit. No, i; i mer;;h_,j^, rnr:mbar of Eie Board of Managers, officer or person i� i i groin tAon ttze Assoc, La tion m,iy receive any property or funds ti N 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 3oard of :,ianaggers, officer or Member, provided, however, al,aays (a) that reasona�le compensation may be paid to any member, Manager, or officer while acting as an agent or emiployee of the Asso- ciation for services rendered in effectinZ one or more of the purposes of the Association, and (b) that any member, Nana3er, or officer may, from time; be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. ARTICLE XIII INCOR?ORATOR The name and address of the Incorporator of these Articles of Incorporation is: IN -WITPlESS 19HEREO , the Incorporator has hereunto affixed his signature on this day of , 193 . u MEMORANDUM TO: VCity 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 existing Edelweiss Lodge to be named the Mountain House, and for condominiumizatiort 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. ASPEN*PITKIN OEGIONAL BUILOII& DEPARTMENT MEMORANDUM TO: Alice Davis FROM: Patsy Newbury DATE: January 31, 1983 RE: Edelweiss Lodge Reconstruction/Condominiumization Alice, in response to the January 4th Memorandum regarding the Edelweiss Lodge, my concerns are that agreements that make deals such as parking variance make me nervous. They should either be as required now or forgotten, (putting itcf'is a good way for it to be forgotten.) If they tear it down, do they not have to meet requirements for parking, open space and view plain as they put it back? If it is Condominiumized why would it be exempt from Subdivision Review and added floor area consideration? - offices: mail address: 110 East Hallam Street 506 East Main Street Aspen, Colorado 81611 303/925-5973 Aspen, Colorado 81611 TO: Alice Davis FROM: Jim Hamilto DATE: January 2 5198?13/ RE: Edelweiss Reconstruction pitkin county 506 east main street aspen, colorado 61611 f , A r� n JAN 2 " 3 ; ASPEN / Pi TKIN CO. PLAN?QNG OFFICE I have reviewed the Edelweiss application and have found the following: 1) Ify 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 may or may not be required at this time, but will be required as per the situation in No. 1 above. '*ABPENOOPITKIN • ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM TO: Alice Davis, Planning Office FROM: Thomas S. Dunlop, Director'3o Environmental Health Department DATE: January 12, 1983 RE: Edelweiss Lodge Reconstruction/Condominiumization --------------------------------------------------------------- This office has reviewed the above -referenced submittal for the following concerns. Drinking Water: It is not stated in the submittal, however this department will assume the completed project will be served by the City of. Aspen public water distribution system. This will be in conformance with policies of the Environmental Health Department. Sewage Disposal: It is not stated in the submittal, however this department will assume the completed project will be served by the Aspen Pietro Sanitation District public sewer lines. This will be in conformation with policies of the Environmental Health Department. Site Drainage: The submittal does not address this subject so the following will be required. All paved area drainage and roof drainage shall be retained on the property. That is, through the use of designed dry wells or holding ponds, no surface discharge should occur onto public property. Noise Abatement: There is no statement made in the submittal concerning noise impacts on the neighborhood. Therefore, the following will apply. The uses associated with this development shall be designed to comply with Ordinance 2, series of 1981 titled Noise Abatement. Also, it is recommended that structures be designed to minimize noise generated within units which would be heard outside. Air Pollution: The subject of air pollution generated from this development is very incomplete. Therefore, it will be the request of this office that all site contained driving and parking areas be paved. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 Page 2 Fdelweiss Lodge January 12, 1983 Reconstruction/Condominiumization In the new buildings there are five (5) woodstoves and one (1) fireplace proposed. Since the City is currently discussing the possible regulation of wood burning devices there is no actual law. However, wood burning has been documented as being a significant contributor to particulate air pollution in Aspen. 'Wherefore, it would be our request that one of two options be exercised. The first, that no woodburning devices be installed in any of the units. The second, that the five (5) woodstoves be of a clean burning design as proposed in the regulation. Finally, that the fireplace be designed with energy efficiency in mind as defined in the existing County regulation. TSD/co r Y� MENIDRADNU_M f TO: Alice Davis, Planning Office FROM: Jay Hammond, Assistant City Enaineer 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 Fdelweiss lodge is currently using space in the right-of-way behind the curb along Aspen Street for about fi-,e narking spaces. Provision of a proper curb as well as sidewalk in this area will preclude itsfurther use as narking. We would recommend that the applicant be required to provide the six off-street spaces adjacent to the alley to fulfill current parking needs and not credited toward further expansion. 3. The applicant should be required to record a condominium map__ following substantial completion and prior to the sale of any units. JH/co MEMORANDUM TO: City 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 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. q ft MEMORANDUM TO: City Attorney Engineering Department ,Building Department/Fire Marshall Environmental Health Housing sater Department anitation 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. s' A 1 t-A rio S'i,_AAr-- I3r ILIAAC,rz 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 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. I a+eniaJ P,-p-v c tW Z;2-.S t- s� 2._ s-C 5 4 �7 c -k p .c6c(. - l�c(a � G��tdO - 2 5 q) is fI ti ,,OWNERSHIP AND ENCUMBRAW&E REPORT 10379 Ti Mountain House — EXHIBIT 1 STEWART TITLE OF ASPEN, INC. 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 $75.00 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 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 STEWART TITLE OF ASPEN, INC. BY Authorized Signatu 17th day of December A.D. 1982 at 8:00 A.M. Made For: Stewart Title Form OEZ 10/82 Ago L Filed for record March 30, 1973 at 10:4[ A.M. / �r{i.; Reception No. 158557 Peggy E. Miklich, Recor�e�.' i Y �...st, RELEASE OF COLLATERAL ASSIGNMENT FOR PURPOSES OF SECURITY KNOW ALL MEN BY THESE PRESENTS, that, WHEREAS, HARRY W. POSCHMAN, by Collateral Assignment for Purposes of Security, dated May 20, 1972 and recorded May 30, 1972 in Book 263 at Page 966 of the records of the Clerk and Recorder for Pitkin County, assigned to the Bank of Aspen, of Aspen, Colorado, its successors or assigns, that certain Deed of Trust, and Promissory Note described therein, executed by Edelweiss Associates Incorporated and recorded on January 17, 1967 in Book 225 at Page 210 and recorded March 27, 1967 in I Book 226 at Page 171 of the records of the Clerk and Recorder of Pitkin County as collateral security for the payment of the indebtedness referred to in said Assignment, and WHEREAS, said indebtedness has been paid and the purpose of said Assignment satisfied, NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the undersigned hereby releases, quit -claims and convoys unto the said Harry W. Poschman, all the right, title and interest which the undersigned has in and to said real property as Assignee in said Assignment. TO HAVE AND TO HOLD THE SAME, together with all and singular the privileges and appurtenancu3 thereunto belonging forever. IN WITNESS WHEREOF, The Bank of Aspen has caused its duly authorized officer to execute this instrument this o(8r/f I day of March, 1973. THE BANK OF ASPEN By STATY OF COLORADO) ) as. County of Pitkin ) •5, The foregoing instrument was acknowledged before me Oar of March, 1973 by Ce as of the Bank of Aspen. *itpeBs ■y hand and official seal. My commission expires" �_ J ntary Ihiblic Mountain House ABIT 5 ARTICLES Or INCORPORATION Or THE MOUNTAIN HOUSE CONDOMINIUV, ASSOCIATION The undersigned, acting as Incorporator of a corporation under the Colorado Non -Profit Corporation Act, signs and acknowledges the follow- ing Articles of Incorporation for such corporation. ARTICLE I NAME The name 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 seg., as from time to time it is amended, supplemented or succeeded, (hereinafter called the "Condominium Act") and pursuant to C.R.S. 1973, 7-20-101, et seg., as from time to time it is amended, supplemented or succeeded (hereinafter called "the Nonprofit Corporations Act"), for the operation of The Mountain House Condominiums, (hereinafter called ,the property") a lodge condominium located on Lots A, 3 and C, Block 75, City and Townsite of Aspen, Pitkin County, Colorado. ARTICLE III r'O:gERS 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 terms of these Articles. 2. the Association shall have all the Powers and duties set forth in the Condominium Act except as limited dy these Articles and the Condominium Declaration, (hereinafter called the "Declaration") for the property and all of the po:•:crs and duties reasonably necessary to operate the Associ_a- tion as set forth in tho Declaration and as it may ba amended f roar► tine to time, including but not limited to the following: 2.1 To make and collect assessments against members to defray the costs, expanses and losses of the Association. 2.2 To use the proceeds of assessments ir. the exercise of its powers and duties. 2.3. To maintain, care for, repair, replace, and operate the condominium property _ I: 2.4 To purchase insurance upon the condominium j! property and to provide protection for the Association and its I. li members as provided by the Declaration. 2.5 To reconstruct improvements after casualty and to further improve the property. I� 2.6 To make and amend reasonable rules and regu- lations respecting the use of the Association's property. 2.7 To enforce by legal means the provisions of the Condominium Act, the Nonprofit Corporation 7�c t, CnEe Declaration, these Articles, the By -Laws of the Association, and the rules and regulations for the use of the condominium property. 2.3 To contract for the management of the condominium l i property and to delegate to such manager_ all powers and duties 1 I of the Association except as such are specifically required by the Declaration to have approval of the Board of Managers or ► i Lhe rnernUershih of the Association. 2.9 To contract for the management or operation of porti_or►s of the common elements susceptible to separate manage - went or opf-ration and to lease such portions. 2.10 To employ personnel to perform the services rec,u.ired for propi-�r operation of the Association and of the conc,Cnin:i.uin property. �I tt it �! - 2-- f i� J _ 2.11 To collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an owner as is provided in the Declaration and By -Laws. 2. 12 To protect and defend in the nave of the I' Association an art or all of the condominium project from ; Y P i• loss and damages by suit or otherwise. 2.13 To borrow funds in orLler to pay for any exoen- d i ture or outlays required pursuari t to authority granted by provisions of the Declaration and Fey -Laws, and to execute all such instruments (evidencing such indebtedness) deemed necess=:ry. 2.15 To execute contracts to carry out the duties and powers of the Association. 2.16 To engage in activities which may now or hereafter be allowed or permitted by law for a non-profit corporation to actively foster, promote and a:lvance the common interests of the condominium unit owners. 3. All funds and the titles of all proper .es acquired by the Association and the proceeds thereof shall be hold in t-rust for the members of the Association in accordance wi t'r the provisions of the Declaration, these Articles, and Cie ByLaws of the Association. 4. The powers of the Association shall be subject to and shall be exercised in accordance with the provisions o f the, Declaration and the By -Laws of the Association. ARTICLE IV MEMBERS -- 1. The members of the Association shall consist solely of all record owners of condominiuln units of the t�sso- cI c, Lion. 2. Change of membership of th Association shall be e f f (-:c ted .t i;J e s tahl_ ished by the roc,:)rd i.nq in the public records u` Pitkin County, C:oloracic), of a deed or ether instrument es tahl.ishing a change its record title to a condominium unit 13919 and the delivery to the Association of a certified or machine copy of such instrument. The membership of the prior o4rner shall thereby be terminated. 3. The share of a member in the funds and assets of the Association ca!,no t be assigned, hypothecated, or trans- fr�rred in any ri= nner except as an appurtonanco to his condo - III 1 11 Luri tin t. 4. The members of the Association shall bz� entitled to vo to for each condominium unit owned by them. The exac t number of votes to be cast by owners of a condomin iurn unit and the manner of exercising voters' rights shall be- determined by the By -Laws of the Association. 5. The right of a member to vote may be denied if i� that member is delinquent in payment of Association assessments. .i ARTICLE V ii i' BOARD OF MANAGERS - I; 1. The affairs of the Association will be managed ij by a Hoard consisting of the number of Managers as shall be j� determined by the By -Laws, but not less than three (3) nor more than seven (7) Managers. 2. Managers of the Association shall be elected at the annual meeting of the members in the manner determined by the fly -Laws. Managers may be removed and vacancies on the Board of Managers shall be filled in the manner provided by the By -Laws. 3. The initial Board of Managers shall consist of three (3) members. The Managers herein named shall serve until the first election of Managers and any vacancies in their number occurring before the first election shall be filled b,; the remaining Managers. 4. The names and addresses of the raembers of the first Board of M�lrla=_j^r.s shall hold office. until their successorn are elE.ct:ed and have rlualif ied, or until removed, are as follows: Frank S. Peters 609 West Smuggler St, Aspen, CO 81611 Daniel Delano 609 West Smuggler St, Aspen, CO 81611 Eliza;''beth 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 Managers are as follows: President: Secty/Treasurer Frank S. Peters 609 West Smuggler Street Aspen, CO 81611 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 Re;istered Office of the Association, shall be Frank S. Peters. ARTICLE VIII INDEMNIFICATION Every Mana er 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 TManager or mm r. i' i of i icc�r a t the time such' exp: nses are ' incurred, creep- ill such f ca�;ers wherein the: Manager or officer is adjudged guilty of I willful misfeasance or malfeasance in the performance of his duties; provided that in the event of a settlement, the indemni-- .. I fication herein shall apply only when the Board of Managers I • f' approves such settlement and reimbursement as being for the I i best interests of the Associa L':ion. The foregoing ri�,h t of j :r j' indemnification shall be in addition to and not exclusive of ' I all other rights to which such Manager or officer may be i! en ti tled . i; II I� AI;T.CCLd IX IiY- f11,iS I. �! The first Hy -haws of the Association shall by adopted I by the Board of Managers, and may be altered, amended or revoj":ed in the manner provided by the By -Laws. li ARTICLE X AMENDMENTS !' Amendments to the Articles of Incorporation shall be �i proposed and adopted pursuant to and as required by the terns li of the Nonprofit Corporation Act, as amended from time to I 11 time. ARTICLE XI TERM PThe term of the Association shall be perpetual, n i; unless the Association is terminated sooner by the unanirous ►; action of its meinners. ' The Association shall be, terminated by the termination of the condominium in accordance with the provisions of the Declaration_ I� ARTICLE XII NONPRO^IT ASSOCIA`i'IG'N This Association is not organized for profit. 1.;� I menniber, member of the Board of Managers, officer or person scan whom the Association may receive any property or funds -6- 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 :Managers, officer or member, provided, however, always (a) that reasonable compensation may be paid to any member, :•Ianaoer, 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 time-, 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: IN0:9ITNESS WHEREOF, the Incorporator has hereunto affixed his signature on this day of , 198 . a • 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 advike 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. Eli a eth M. Jones 4zu 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: My Commission Expires Sept» 23,1985 NotarV Public /� 0 Mountain :louse - EXHISIT 7 DESIGNATION & DESCRIPTION OF E"IPLOYEE HOUSIIiG A minimum of two pillows of employee housing shall be provided in the form of a one -bedroom deed -restricted unit of approximately four hundred square feet, which shall include a bathroom and a livingroom/ kitchen/dining area. This unit shall be located at the northwest corner of the first level of tiountain House, designated upon the Plan (Exhibit C): Employee Housing Unit A. Ther shall be provision for a potential additional employee housing with a floor area of approximately 465 square feet, located at the south- west corner of the first level of !Mountain House. 0 Mountain House - EXHIBIT S r� CONSTRUCTION COST PROJECTION Equipment Rental, Demolition $10,000 Subcontractors & Excavation 15,000 Materials Foundation 25,000 Trenching & Backfill 7,500 Framing 65,000 Finish (inc glazing) 75,000 Masonry 25,000 Plumbing & Heating 90,000 Electrical 35,000 Drywall 20,000 Painting- 20,000 Paneling 20,000 Flooring 35,000 Jacuzzi 10,000 Landscaping 7,500 $460,000 In -House Labor (4 carpenter & 2 laborers, 36 wks) $100,000 Architectural Fee 50,000 Construction Management 45,000 Construction Period Interest 40,000 Permit Fees & 14iscellaneous 5,000 Contingencies 25,000 $725,000 I to I �'03 M � N . i BE LL- . r2O C 2 Cli I T NAI (� Z 30 -VR I 2l,13 N CARL'S a 6 s iooE MAIN ., �.. -106 E' HORIN5 CN HEART STOK I$L D'ER 1 - B,ER HOF K ►- I1 , O 8 . ! 118 1124 1 10b -E'. cooup, 01 T 19 t35 �1 I ' �WINFIELD� I A �3 A WP S i µ= I Z w 70 a• V) O io 2a.1 ' l N Z 9 1 201 A a K Z el K L 21d I $ 2 A �21 S N OW FLAIEE . .76 I , 1 1 � OOPER I }LI E LIGH t. t_ T ' } RIS }i� 21.0 } j 2 DEE ! f P Yt:Q 1 ! LI El IGNTl i . K L i 300 �;2 •: F20�E:CTO I io � ►�3 &1�tN. _ BE LL f IL 73 G r 7 202 I T NA 01c, �' 23o CH I i lzf� If P OOLI N I " CARL'S - l F- 306 100E MAI r�O�W� � c HE 'AR T STON 34_ CH i$L 1 0 u- 74 `L i I 21 0 I �t4 j I FOR.J , (/, i t (D ..� Zo8 � el 1 a I 2 A S,N OZILAKE i i LI ELIGHT RCS g2� K L 300 ;2 . 3�1 AOS ECTO _' '_ ..� +�• ` • . •• - •.'.. •• a ., •�• � •....._� '`1 �,�• � .� )bIP� j �19 13� • WINFI[LD ► Z j W 70 CL kt r1,Q LI El I G "P i 77 W N II C�RL:S Ilis U 4a U) MT O Q p6n FO 2 ST. 10o E' HOWINS — 01 ; A T3 i- • 68 cn O HEART N CH' ` STO! K LO # I O 21d - , .mot .. .. .� �.^ •� 1 5 [201S 21 N 0 FLAKE A C� o � I - 69 .- __ I?ER I = cn COOPER 1 , + ILI ELIGNT K ►- 1 to 21j0 : I 2 COOPER . (�{ 19 135 DF-E CFI LD� 1 LIMFIG T AR Z Lr 70 �" ? 7 Awe--T4 -riao-;a, 42� -7--CYP E7.,./ S Plo*-c V' c 4 F7 0 ooc� 0 cc> r7 —77 u p 77 p------------------- u � n /fir :� �l2C�a L,� !3� A E'7V - - � rA-G �' C f�O�v til 329 3 � �,' � .1/ �—'�' � r i �' � � .y. N �I'�. :1 a� 1. _� .. 7 :�.; r G.' � �' ;�'. � �^ i . �, , V' �fT � � �� Regular Meeting • Aspen City Council --ebruary 28, 1983 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. Bil 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. ;Mayor 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:to get 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 told. Council he has been asked to run shuttle with his horses for six years. Harp suggested selling the trolleys and have a carriage maker build trolleys that could be pulled by horses. All in favor, with the exception of Mayor Edel. Motion Carried. Councilmember.s Michael 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 like to delete "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 the old lodge 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, 10 and 12 in the planning office memordandum of February 2B, 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 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. 1 In ta vp IV Id- (i� V-1 irliT-:w 14 UNIT-. 19) 0 JW- �-) , -z-- lull, &6iiimlidal' m 7r--- e7l L-lvi�-IL, CIA J6 t. ALk- .............. . . . . . . . ... -41 ........ . . . . A � o U T � I✓ L_ � �• i � T I C E�1 �1 G � N ;` ,�. I �; 1--1 O U 5 �. • • • ml w _0 lZI-1 Tom- 112- li ,.t lhl: 14, 11,111 4�- UNI 77 p ?p 771 171 l'-1, 17- 0 / OkIJ7 ii IT-10'.--iAL. LAN"I iq IV f), C', e;7 Z �• vt4 jr (76 Lznv� CI -74) Ul v -71ill --11 NOTICE According to Colorado law you must commence any legal action based upon any defect m this survey within six years after you first discover such defect, In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. 0 SfT �Seg/84 CAP, , 4 - 1 18 7i 13.7 11 CD I 2 O ; N 03 m r > r O I y n �2 N1 / 0.0 0.02 �vCRo�M�+vr Yii IIYORANT FUND e CAP A IVZIV LZ BEARING „ of= zz UND: SAR 8 L.3• 9184 CAP ONE STORY i BUICOING o" , IQ1 I , r fVl � I l— 1 I ° ° H. l 12•g r- r `2 , I i /3.3 10 , •Z'i n, o l - ��O ISi` 0 /W ! 3 NORTH m ; a O 5 10 20 30 40 50 SCALE: I" = 10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN. / ",• Zg O.H.-__�,_ mtn. �. Z/'4 -`�'� i jO ...271 �`-7 r IN �/ ONE STORY B UIEpING o N I 21 'to 1 12-2 ni ONE STO N 13 T RY BUI� p/NG o, l T °, RAIySFORMfR H. , %, p, +I — 1 oTV W ; / 1 70 HONE z o If FOUNp:Rf@qR Ck 4 `G.J/ Alpine Surveys Post Office Box 1730 Aspen, Colorado 81611 303 925 2688 c° >urveyed OCT14-. 11582. Revisions Drafted OCT, 13. 1582. S�C7RV EYOTD R S (C1ER°IrRFE(CAT E I, JAMES F. RESER,HEREDY CEi2TIFY THAT ON OCTOBER 4-, )882,A SURVEY WAS PERFORMED UNDER MY SUPERVISION OF LOTS A, B, AND C, BLOCK 75, CITY OF ASPEN, PITKIN COUNTY, COLORADO. THE THREE STORY BUILDING AND ONE STORY BUILDINGS WERE FOUND TO BE LOCATED AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF ALL BUILDING5, IMPROVEMENT5, EASEMENTS, 121GHT5-0E-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PR 6 ARE ACCURATELY SHOWN . ALPINE SURVEYS M F. RESER OCTOBEI2 15, 1582. L.S. eIS4- RS. . �1 Title IMPROVEMENT SURVEY JOb No t5e- 13L Client EIDELWEISS f SeT . kr?EB40 Co SBq FIRE NYOgANT FOUND: „BASIS OF ''�gll„BfAR/NG„ O5 -A,VZN U U FOUND. AB o— FOUND:gfBA C'S. 918 a OAP NOTICE According to Colorado law you must commence any legal acton Alpine Surveys Surveyed OCT. 4. 1982. Revisions based upon any detect in this survey within six years after you first discover such defect. In no event may any action based upon any defect m this survey Drafted OCT. 13 . 1982. be commenced more than ten years from the date of the certification shown Post OttlCe Box 1730 Hereon Aspen, Colorado 81611 303 925 2688 ze NORTH 0 5 10 20 30 40 50 SCALE I" = 10' BASIS OF BEARING: FOUND MONUMENTS AS SHOWN. I, JAMES F. RESER, HEREBY CERTIFY THAT ON OCTOBER 4-, 1982,A SURVEY WAS PERFORMED UNDER MY SUPERVISION OF LOTS A, B, AND C, BLOCK 75, CITY OF ASPEN, PITKIN COUNTY, COLORADO. THE THREE STORY BUILDING AND ONE STORY BUILDINGS WERE FOUND TO BE LOCATED AS SHOWN HEREON. THE LOCATION AND DIMENSIONS OF ALL BUILDINGS, IMPROVEMENTS, EASEMENTS, RIGHT5-01`-WAY IN EVIDENCE OR KNOWN TO ME AND ENCROACHMENTS BY OR ON THESE PP-EM16 ARE ACCURATELY SHOWN . ALPINE SURVEYS M F. RESER OCTOBEI2 13, I582. L.S. 9184. Title IMPROVEMENT SURVEY JOB NO Ue— IJL Client EIDELWEISS