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Apple Jack Con ominiumization
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ASPEN/PITKIN PLANNING OFFICE
. 130 South Galena Street •
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 47331 52100
63722 - 47332 52100
63723 47333 52100
63724 47341 52100
133725 47342 52100
133726 47343 52100
133727 47350 52100
133728 47350 52100
1333729 47360 52100
County
00113 - 63711 47331 - 52200
63712 47332 52200
63713 47333 52200
63714 • 47341 52200
63715 . 47342 52200
63716 47343 52200
63717 47350 52200
63718 47350 52200
63719 47360 52200
PLANNING OFFICE SALES
00113 • E3061 09000 52200
E3063 09000 52200
E3062 09000 00000
E3066 09000 00000
63069 09000
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REZONING
SPECIAL REVIEW
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Applejack Lodge - Subdivision Exception (Condominiumization)
DATE: August 16, 1983
Location: 311 W. Main (Lots east ? of D, all of E, F, G, H
and I, Block 45, City and Townsite of Aspen).
Zoning: L-3.
Applicant's
Request: Subdivision exception for the purpose of condominiumi-
zation of the Applejack Inn.
Referral
Comments: The Engineering Department has the following require-
ments:
"l. The improvement survey submitted with the appli-
cation is not an adequate condominium plat.
Following approval, the applicant shall submit
to this office two mylar sets of complete condo-
minium maps including:
a. Individual units.
b. General and limited common elements.
C. Approval and recording certificates.
d. Existing utility meters.
e. Other items pertinent to condominium approval.
2. The applicant should be required to indicate the
number of parking spaces on -site and designate
their status as general or limited common elements.
3. The condominium association should be obligated
to join any future improvement district."
The Building Department completed an inspection on
July 8, 1983 and listed the following minimum fire,
health and safety improvements to be made prior to
final condominiumization approval:
"1. The fire sprinkler system must be serviced by
a qualified sprinkler contractor.
2. Provide a door and frame with a one hour fire
protection rating to separate boiler room from
storage room. Provide a self -closer on the door.
3. Each sleeping room must be provided with a
qualifying emergency egress window.
4. The sliding glass doors entering the individual
units must be replaced with a conventional
swinging door not less than 3'0" wide and 6'8"
high.
5. Install a permanently wired smoke detection
system with manual fire alarm stations.
•
Memo: Applejack
Page Two
August 16, 1983
Planning Office
Condominiumization
6. Additional receptable outlets must be provided
(1210" maximum spacing) in each room.
7. Hardware on front door must comply with Code
for exiting."
The City Attorney's Office made no comment.
Review: The Applejack is an L-3 lodge and is in conformance
with the 1:1 FAR. According to calculations submitted
by Gibson & Reno, Architects, remaining buildout
equals 797 square feet. Section 20-23 of the Municipal
Code deals with the condominiumization of lodges. It
is the intent of lodge condominiumization that "the
condominium units created shall remain in the short
term rental market to be used as temporary accommoda-
tions available to the general public." Evidence of
compliance with this intent is a condominium declaration
(which this applicant has submitted) which will be
recorded with the Clerk and Recorders Office.
The requirements in Section 20-23(A)(1) which are
stipulated in the declaration are as follows (Number
35, Page 24):
(a) An owner's personal use of his unit shall be
restricted to not more than fourteen (14)
days during the seasonal period of December 18
to 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 occupancy of a unit by a non-paying guest
of the owner or taking the unit off the rental
market during high season for any reason other
than for necessary repairs which cannot be
post poned or which make the unit unrentable.
This restriction shall not preclude the occupancy
of the unit by a lodge manager or staff employed
by the lodge.
(Number 36, Page 25):
(b) A violation of the owner's personal use restriction
by a unit owner as such personal use restriction
as defined in paragraph thirty-five(35) above,
shall subject the owner to a daily assessment
by the association of three (3) times the daily
rental rate for the unit as such rental rate is
at the time of the violation. This assessment
shall be due and owing from the time of viola-
tion. The assessment, when paid, shall be deposited
in the general fund of the condominium association
and shall be used to upgrade and repair the
common elements of the condominium. All sums
assessed against an owner for violation of an
owner's personal use restriction and unpaid shall
constitute a lien for the benefit of the condo-
minium association on that owner's unit, which
lien may 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 condominium unit
by the association in like manner as a mortgage
or deed of trust on real property. In the event
•
C� J
Memo: Applejack Condominiumization
Page Three
August 16, 1983
the City enforces the restriction, the City
shall be entitled to the funds collected as a
result of the assessment for violation. In
the event of litigation resulting from the
enforcement of this personal use restriction, as
part of its award to the prevailing party, the
court shall award such party its court costs
together with reasonable attorney's fees incurred.
(Number 37, Page 25):
(c) The City of Aspen shall have the right to
require from the association an annual report
of owner's personal use during high season
for all the condominium units.
Section 20-23(A)(2) requires that a condominiumized
lodge provide a minimum of two pillows of employee
housing or that amount of employee housing that has
been provided for three (3) years previous to the
time of condominiumization, whichever is greater.
One 300 square foot lodge unit has been used in the
past for employee housing. This unit or a comparable
on -site unit will be permanently designated as
employee housing. Presently, one employee lives
in the unit but it can accommodate the required two
pillows of employee housing.
An affidavit of lodge services has been submitted by
the applicant, outlining on -site management, maintenance,
and other tourist accommodation services provided
during high seasons for the past three (3) years.
Maintenance not handled by on -site management has
been contracted to outside professionals. The applicant
agrees that the lodge will continue to provide on -site
management from at least 8:00 a.m. to 10:00 p.m. during
the high seasons.
This commitment is made on Page 26 of the condominium
declaration, along with the following:
1. 24 hour services on -call will be provided in
high seasons.
2. A buffet breakfast will be provided in high
season.
3. The following amenities shall be available
to guests: Jacuzzi pool, cable television,
lobby common area, phones in rooms.
4. No transportation services have been or will be
provided.
5. Front desk services from 8:00 a.m. through
10:00 p.m., seven days per week in high seasons
for check -in, check-out and key pick-up.
6. Daily maid service in high seasons.
The condominium units must remain available to the
general tourist market. The applicant has provided
for the 14 day owner's personal use restriction and
the App le j aek will to-- be--a-member -of- --tire
-- and to advertise in the Aspen Yellowpages.
•
Memo: Applejack
Page Four
August 16, 1983
Planning Office
Recommendation:
Condominiumization
The applicant has submitted that the common areas
of the lodge "shall remain common areas and be
maintained in a manner consistent with their
previous character. Any changes, alterations or
removations made to common areas shall not diminish
the size nor quality -of the total common areas, but
shall improve them."
The lodge must be physically upgraded as a result of
the condominiumization. In this case, the applicant
intends to comply with Section 20-23(A)(6)(a) by
upgrading the lodge through investment of an amount
equal to or greater than 30 percent of the assessed
value of the property. The assessed value of the
Applejack as a condominiumized lodge according to
information the applicant got from the Pitkin County
Assessor will be approximately $189,000. 30 percent
of this value is $56,700. The applicant commits
to the expenditure of $125,000 in improvements. Plans
must be submitted to and approved by the City Building
Inspector within 9 months of condominiumization
approval and the upgrading must be completed within
12 months after the building permit for such upgrading
is issued.
Subsection (c) requires that the applicant execute
a promissory note payable to the City secured by a
trust deed encumbering the lodge property to assure
that the physical upgrading is accomplished. This
is included as a condition of approval.
All conditions of Section 20-23 shall be made binding
on the applicant, the applicant's successors, heirs,
personal representatives and assigns and shall govern
the property for the life of the survivor of the
present City Council of Aspen plus 21 years. Any
modification of this condominiumization shall only
be by written agreement to the City Council and the
owner or owners of the condominiumized 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.
The Planning Office recommends approval of subdivision
exception for the purpose of condominiumization of
the Applejack Inn pursuant to Section 20-23 of the
Municipal Code with the following conditions:
1. Submission of a condominium map in the form of
two mylar sets which show:
a. Individual units.
b. General and limited common elements.
C. Approval and recording certificates.
d. Existing utility meters.
e. Other items pertinent to condominium approval.
f. On -site parking spaces must be shown and
designated as to status (i.e., general or
limited common elements).
Memo: Applejack Condominiumization
Page Five
August 16, 1983
2. Recordation of the approved condominium map.
3. The condominium association is obligated to
join any future improvement district.
4. The fire, health and safety improvements listedOr- 0`S
by the Building Department must be made prior
to th �sale'of ainy unit.
5. Submission of plans to upgrade the lodge by a
value of $125,000 to the Building Department
within 9 months of this approval and the work
must be completed within 12 months of the issuance
of the building permit.
6. Execution of a promissory note payable to the
City secured by a trust deed encumbering the
lodge property to assure that the physical
upgradingNw ll be accomplished.'''The terms of
the note shall be as set out in Section 20-23
(A) (6) (c) .
7. Recordation of the Condominium Declaration,).
EXHIBIT 5
AFFIDAVIT OF LODGE SERVICES
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
1. I, CHUCK TORINUS, the affiant hereunder, have
been the manager and part owner of the Applejack Inn for the
previous eight years. At the Applejack during the past
three years there has been on -site management. The on -site
manager and his staff have performed basic services involved
in running the Lodge. Maintenance not handled by the
on -site management has been contracted to outside
professionals. During the high season between the hours of
8:00 a.m. and 10:00 p.m. there has been someone at the front
desk. Check- in traditionally has been between 12:00 noon
and 10:00 p.m. The on -site manager has furnished basic
accountLng, payroll and grounds keeping services and has
handled reception, reservations and personnel matters.
During the high season there is someone at the front desk
to take phone reservations and walk-in traffic.
2. From December 15 to April 1, a buffet
' breakfast has been served which includes juice, bakery
goods, coffee, cereal, fresh fruit and yogurt. During the
rest of the year a basic breakfast of bakery goods, juice
and coffee is provided.
3. The front desk is manned from 8:00 a.m. to
10:00 p.m. during the season and the office is open for
walk-in traffic from 8:00 a.m. to 10:00 p.m. daily. The
business phone is also answered between the hours of 8:00
a.m. and 10:00 p.m. There is phone service to the
individual rooms. All rooms have private lines with direct
dial capability 24 hours per day for outgoing calls,
incoming calls are limited to 8:00 a.m. to 10:00 p.m.
4. The Lodge has not provided any transportation
services.
5.
Check -in
hours
are
from 12:00
noon
to
10:00
p.m. during
the season,
after
hour
guests are
left
a
key.
6. The following amenities have been available
to the guests:
all rooms.
a. Color T.V.'s with complimentary HBO in
b. Swimming pool.
C. Indoor ski lockers.
d. Front desk.
e. Sundeck.
f. Small lobby and reception area.
7. All electrical, plumbing, appliance, T.V. and
carpentry services are done by professional persons hired by
the lodge on a contract basis. Pool maintenance, grounds
keeping, painting and other light chores are done by the
manager or in-house staff.
8. The Applejack Inn has been a member of the
Aspen Resort Association and the Chamber of.Commerce.
IN WITNESS WHEREOF, I the unde sign(l affiant have
execu,_ed this affidavit on ;lo day of ��� ,' 1
CHUCK TORINUS
STATE OF COLORADO
ss.
COUNTY OF PITKIN )
Acknowledged, subscribed and sworn to before me
thi s _) '- ;/Ilay of. : ; , 1983, by CHUCK TORINUS .
Witness my hand and official seal.
My commission expires: -, /-,,h %
Notary Public
Notary's address: Z.,
- 2 -
APPLICATION FOR CONDOMINIUMIZATION
OF AN EXISTING LODGE
Pursuant to Section 20-23 of the Municipal Code of the
City of Aspen (Ordinance 14-series of 1980) TOR Corporation,
(hereinafter referred to as "applicant") hereby applies for
approval from the City of Aspen for its plan to condomi-
niuraize the lodge existing on certain real property situated
in the City of Aspen described as East 2 of Lot D, all of
Lots E, F, G, H and I, Block 45, City and Townsite of Aspen,
Pitkin County, Colorado, and commonly known as The Applejack
Inn.
A. ATTACHMENTS
Attached to the application are the following exhibits:
1. Letter fr(m Aspen Title Company, showing
proof of ownership.
2. Improvement survey for the property.
3. Site inventory for the property including 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 declaration
required by Section 20-23 (a)(1).
5. Affidavit of applicant concerning services
required by Section 20-23 (a) (3) .
B. OWNERS' USE RESTRICTION
Applicant agrees to restrict the owners' personal use
of thE! condominium units as per the requirements of Section
20-23 (a)(1) (a), (b) and (c) as is specified in the
proposed condominium declaration attached hereto as Exhibit
4.
C. EMPLOYEE HOUSING
One 300 square foot lodge unit has traditionally been
used for employee housing. This or a comparable on -site
unit will be permanently designated as employee housing.
Presently one employee lives in the unit but it can
accommodate the required two pillows of employee housing.
e)
D. SERVICES AND MANAGEMENT
Applicant agrees to provide on -site management,
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. A description of the services provided
by t:lle lodge for the three (3) years previous is set forth
in the affidavit attached hereto as Exhibit 5. Applicant
agreE�s the lodge shall continue to provide on -site
management from at least 8:00 a.m. to 10:00 p.m. during the
high season.
E. TOURIST MARKET
Applicant agrees the condominium units shall remain
available to the general tourist market. In order to assure
these units do remain available to the general tourist
market, applicant has provided for the fourteen (14) day
owners' personal use restriction in the condominium
documents. In addition, the lodge will continue to be a
member of the Aspen Chamber of Commerce and to advertise in
the A:Spen Yellow Pages.
F. COMMON AREAS
Applicant agrees the common areas of the lodge shall
remain. common areas and be maintained in a manner consistent
with their_ previous character. Ant, changes, alterations or
renovations made to common areas shall not diminish the size
nor quality of the total common areas, but shall improve
them.
G. CAPITAL IMPROVEMENTS
The assessed value of the Applejack as a
condom:iniumized lodge according to Pitkin County Assessor
Warren Connors will be approximately $189,000. Thirty
percent of this value is $56,700.00. The applicant is
willing to commit to spend $125,000.00 on improvements, more
than double the requirement. The applicant intends to
remodel. the front facade of the building. This would
aesthetically improve its Main Street appearance. The
- 2 -
facade along with railings and sliding doors for access to
the new balconies. An attractive wood and stone wall to
screen the parking lot and a jacuzzi will be added. The wall
will add privacy, mitigate traffic noise and screen the
guests and parking lot from Main Street. One or two units
will be totally remodeled. Applicant plans to remove the
indoor pool and in its place install a much larger common
area and lobby for use by the guests. They will replace the
pool with an outside jacuzzi. The pool is being removed to
eliminate 1) noise problems for sleeping guests, 2) excessive
heat build-up in the summer, 3) a chlorine problem that is
bothersome to guests, 4) excessive humidity which is uncomfortable
to guests, constantly fogs windows and causes mildew on carpeted
areas, 5) disturbance to guests by unauthorized, after hours
swimming. The new enlarged lobby will contain a large hearth
fireplace to instill a cozy feeling in the lodge. The lobby will
be refurnished and carpeted. A new desk area will be installed.
These improvements will cost at least $125,000.00.
H. ECONOMIC CHARACTER OF CLIENTELE
The lodge typically serves "moderate" clientele.
WHEREFORE, applicant respectfully requests this appli-
cation for condominiumization of an existing lodge be presented
before the Planning and Zoning Commission at its next regularly
scheduled meeting.
Dated thie I_.I_ day of 1.J i_. " 1983.
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
i'
By
Attorneys for Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
- 3 -
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Reinstating the Applejack as an L-3 Lodge
DATE: August 8, 1983
The applejack Lodge was originally reviewep/and recommded for
rezoning as one of the many non -conforming older lodg s in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the
L-3 list, thereby reinstating it as an L-3 lodge.
As was discussed at the prior meeting, Ordinance 4 should be
repealed since a change of zoning should not be enacted through
deletion from a list. The passage of this ordinance (Ordinance
37) will rectify the earlier incorrect action.
Council Action
You approved Ordinance 37 at your July 25 meeting. The appropriate
motion is:
"I move to adopt Ordinance 37, Series of 1983."
n
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k_= GIBSON 9. RENO - ARCHITECTS
Mr. Gideon Kaufman
611 West Main St.
Aspen, Co. 81611
RE: APPLEJACK LODGE
Dear Gideon:
July 13, 1983
As per your request we have calculated the existing floor areas
in the Applejack Lodge. Below are listed: Lot area, gross floor area
by floors, and a brief description as to -how we arrived at our final numbers.
1. The lot size is 165.07' X 100.00' which equals an area
of 16,507 square feet.
2. The total building area as we calculated it is 15,710 square feet.
This square footage breaks down to:
First floor 5,614 S.F.
Second floor 5,048 S.F.
Third floor 5,048 S.F.
Total Building 15,710 S.F.
Our calculations are for a building 74'-6" X 76' -0" in size, with
area subtracted for mechanical areas and open areas due to the configuration
of the balcony walkways on the Second and Third levels. I might add that
the Pool, which is 312 S.F. is included in our calculations.
If you have any questions, please feel free to contact me.
Sincerely yours,
' . A 1 /
Au ust G. Rro,AIA
AG R/fh
xc Robert Morris
City of Aspen Planning Office
203 S. GALENA :STREET ASPEN, COLORADO B1611 303/925596B
TO:
IMM :,
DtE .
MEMORANDUM
Aspen City Council
Colette Penne, Planning Office
Reinstating the Applejack as an L-3 Lodge
DATE: July 25, .1983 APPROVED AS TO FORM:
The Applejack Lodge was originally reviewed and recommended for
rezoning as one of the many non -conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the L-3
list, thereby reinstating it as an L-3 lodge.
Council Action
The Planning Office recommends that the City Council grant first
reading approval to the attached ordinance. The appropriate motions
are:
"I move to read Ordinance 3 q , Series of 1983."
1 i
"I move to approve, on first reading, Ordinance ,J , Series
of :_983."
u
MEMORANDUM
•
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Reinstating the Applejack as an L-3 Lodge
DATE: July 25, 1983 APPROVED AS TO FORM:�'(i,�
The Applejack Lodge was originally reviewed and recommended for
rezoning as one of the many non -conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the L-3
list, thereby reinstating it as an L-3 lodge.
Council Action
The Planning Office recommends that the City Council grant first
reading approval to the attached ordinance. The appropriate motions
are:
"I move to read Ordinance , Series of 1983."
"I move to approve, on first reading, Ordinance 37- , Series
of 1983."
• • MEMBER
January 28, 1983
Mssrs. Robert P. Morris
and Randal Gold
730 E. Durant Avenue
Aspen, CO 81611
ry
1 83
yt�
l'
ASPEN_ i PI im CO.
PL ANNiNG Off ICE
RE: An Appraisal of the Applejack Inn, 311 West Main Street,
Aspen, CO
Gentlemen:
OF
THE AMERICAN INSTITUTE
OF
REAL ESTATE APPRAISERS
At your request, I have personally inspected the subject property and
have gathered and analyzed applicable market data for the purpose of
estimating its Market Value as of January 28, 1983.
Please note that this valuation study is being offered in an
abbreviated form at your request in the interest of time. Therefore,
only a summary of the information considered most applicable is
attached to this letter. I am currently in the process of completing
a formal appraisal on the property which will contain all of the
supporting market data and exhibits from which I have based my
opinion.
The appraiser wishes to acknowledge that Randal Gold is an associate
in the firm of James J. Mollica and Associates, Inc. Although there
is a close association with Mr. Gold, I have completed this valuation
analysis to the best of my ability without regard to any personal
biases.
In the preparation of this valuation analysis, I have completed the
following items:
1. I made a personal inspection of the subject property with its
current manager, Mr. Charles Torinus, and representatives from
Hunter Construction Company in late December, 1982. I have
gathered Pitkin County Courthouse information regarding the age,
construction data and past transfers of the Applejack Inn.
2. I have reviewed past income and expense statements and pro-
jections as prepared by Mr. Torinus, owner/manager of the
Applejack Inn. Much of the information regarding income and
expenses since 1979 was not recoverable, since the property was
lost in foreclosure and was owned and operated by Mr. Cantrup
during that time. In addition to income and expense information
from the Applejack Inn, I have contained in my files actual
operating statements from approximately 30 lodges in the Aspen
M. A. I.
CRYSTAL PALACE BUILDING • 300 EAST HYMAN AVENUE • ASPEN, COLORADO 81611 • 303 925-8987
area.
3. I have gathered and analyzed recent sales of comparable lodges
throughout the Aspen/Snowmass area. These lodges have been
analyzed on the basis of their size, location, condition, lay-
out and utility. The most applicable sales will be summarized
on the following pages.
Based upon my analysis of the accumulated data, it is my concluded
opinion that the Market Value of the subject property, in its present
conditicn, as of January 28, 1983 is:
R I ,�• . ..
- - - -
Attached to this letter is a brief summary of the information
considered most applicable in valuing the subject property. The
reader is reminded that I am in the process of completing a formal
appraisal report, but that I have completed a sufficient analysis so
that my estimate of Market Value is well supported. If I can be of
further assistance in the interpretation or application of the
findings in this letter, please do not hesitate to call.
T hereby certify and acknowledge my association with Randal Gold, but
that I have completed my analysis without any personal biases; that
the information contained herein is true and accurate; that my fee is
not contingent upon the valuation stated herein.
Thank you for this opportunity to be of service.
Sincerely,
O.Z:.
/�Jai
Mollica, M.A.I.
ser-Consultant
r,0,1983 ,4
'0.
HOPE
PLANNING pFFiGE
Janes i M01110 � Assalales,1w.
Real Estate Appraisers and Consultants
CITY OF ASPEN
bkZZ.
MEMO FROM ALAN RICHMAN, AICP
Assistant Planning Director
ax
I
L t(A-ti
C 2,-)
•
MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, Assistant City Engineer k
DATE: July 1, 1983
RE: Applejack Lodge Condominiumization
-----•--------------------------------------------------------
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments;
1. The improvement survey submitted with the application is
not an adequate condominium plat. Following approval, the
applicant shall submit to this office two mylar sets of
complete condominium maps including:
a. Individual units
b. General and limited common elements
C. Approval and recording certificates
d. Existing utility meters
e. Other items pertinent to condominium approval
2. The applicant should be required to indicate the number of parking
spaces on site and designate their status as general or limited
common elements.
3. The condominium association should be obligated to join any
future improvement district.
JH/co
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MEMORANDUM
TO: Colette Penne, Planning .`
FROM: Jim Wilson, Building Official, 7/V
G'
DATE: July 12, 1983
RE: Condominiumization of the Applejack Lodge
After inspecting the Applejack Lodge on July 8, 1983, I feel the minimum
fire, health and safety improvements that should be made prior to
condominiumization approval are as follows:
1) The fire sprinkler system must be serviced by a qualified
sprinkler contractor.
2) Provide a door and frame with a one -hour fire protection
rating to separate boiler room from storage room. Provide a self -
closer on the door.
3) Each sleeping room must be provided with a qualifying emergency
egress window.
4) The sliding glass doors entering the individual units must be
replaced with a conventional swinging door not less than 3'-0" wide
and 6'-8" hi(jh.
5) Install a permanently wired smoke detection system with manual
fire alarm stations.
6) Additional receptacle outlets must be provided (12'-0" maximum
spacing) in Each room.
7) Hardware on front door must comply with code for exiting.
CCNDCMINICIM DFCLARATICN
FOR
APPLEJACK I I " -b L
KNOW ALL MEN BY THE E PRESEWEC :
W MREAS, TOR Corporation, hereinafter called the "Declarant" is the
owner of the .following described real property situated in the City of
Aspen, County of Pitkin, State of Colorado:
EAST �2 of Lot D, all of Lots E, F, G, H, I and J.
Block 45
City and Townsite of Aspen
W-iER ENS, Declarant desires to establish a condominium project uncler
the Condominium Ownership Act of the State of Colorado; and
WHEREAS, there is currently constructed on said real property
improvements consisting of separately designated residential condominium
units and other inprove rents; and
WMREAS, Declarant does hereby establish a plan for the ownership in
fee simple of the condominium estates subject to the easements,
restrictions, reservations, rights of way, conditions, taxes and
assessments of record and reservations in this Declaration consisting of
the area or space contained in each of the air space units located in the
building improvements and the coownership by the individual and separate
owners thereof as tenants in carrion of all. of the remaining property
(except such property as is otherwise reserved herein), which property is
hereinafter defined and referred to as the general common on elements; and
WHEPFAS, Declarant desires to establish this condominium project as a
"CondominiumizPd.Lodge" pursuant to the provisions of Ordinance 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, THEREF'ORF., Declarant does hereby publish and declare that the
following terms, cxmrenants, conditions, easements, restrictions, uses,
liars tations and obligations shall be deemed to rum with the land, shall be
a burden and benefit to Declarant, Declarant's heirs, personal.
representatives, successors and assigns and any persons acquiring or owning
interest in the real. property and improvements, their grantees, successors,
heirs, executors, administrators, devisees or assigns.
DEFINITIONS
1. The following definitions shall apply unless the context
expressly provides otherwise.
a. "Unit" means one (1) individual air space which is
contained within the unfinished perimeter walls, floors, ceilings, windows
and doors of each unit a shown on the Condominium Map to be filed for
record, together with all fixtures and improvements therein contained and
not including any structural components of the building or other general
common elements, if any, located within the unit.
b. "Condcmi.nium Unit" means the fee simple interest title
in and to a unit, together with the undivided interest in the gereral
can elements and the appurt:enart limited camron elements thereto.
0 •
C. "Owner-" means the person or persons, as hereinafter
defined, owning a unit in fee simple together with an undivided interest in
fee simple in the general common elements in the percentage specified and
established in this Declaration, including the Declarant, as long as any
condominium unit, as hereinafter defined, is awned by Declarant.
d. "General common elements" means all of the project, as
hereinafter defined, except the portions thereof which constitute units and
also means all parts of a building or any facilities, improvements and
fixtures which may be within a unit which are or may be necessary or
convenient to the support, existence, use, occupation, operation,
maintenance, repair or safety of a building or any part thereof or any
other unit therein.
without limiting the generality of the foregoing, the
following shall constitute general common elements:
(1) all of the land and easements which are part of
the property, all jacuzzi or swimming pool(s) and related facilities
designated as general common elements on the Condominium Map, and any
recreational facilities and building(s) which may be located on the
property;
(2) all foundations, columns, girders, beams and
supports of a building;
(3) all deck or yard areas, porches, storage lockers
or areas, balconies, patios, fireplaces, doors, windows, and parking spaces
(subject to specific designations for individual owner use as limited
cannon elements, as may be hereinafter defined and provided);
(4) the exterior walls of a building, the main or
bearing walls within a building, the main or bearing subflooring and the
roofs of a building;
(5) all entrances, exits, vestibules,-- halls,
rorridors, lobbies, lounges, linen rooms, laminc',ry rcxias, kitchen
facilities, stairs, stairways and fire escapes, if any, not within any
unit;
(6) all offices, utility, service and maintenance
roams, space, fixtures, apparatus, installations and central facilities for
power, light., gas, telephone, television, hot water, cold water, heating,
refrigeration, air conditioning, trash, incineration or similar utility,
service or maintenance purposes, including furnaces, tanks, pumps, motors,
fans, compressors, flues, vents, similar fixtures, apparatus, installations
and facilities; and
(7) all other parts of the project used common by the
owners or convenient to the project's existence, maintenance and safety,
e. "Mortgage" means any mortgage, deed of trust or other
security instrument by which a condominium unit or any part thereof is
encumbered.
f. "Mortgagee" means any person named as the mortgagee or
beneficiary under any mortgage by which the interest of any owner is
encumbered.
g. "Limited common elements" means those general caT mn
elements which are reserved for the use of certain owners to the exclusion
of the others, including and not .limited to certain balconies, porches,
patios, fireplaces, deco}- or yard areas, parking spaces and storage lockers
or areas.
h. "Person" means an individual, corporation, partnership,
combination, association, trustee or any other legal. entity.
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i . "Project" means all of the real property, condaninium
units, building(s) fixtures, personal property and improvements submitted
to this declaration.
j. "Canon expenses" means and includes:
(1) all sums lawfully assessed against the owners by
the board, as hereinafter defined;
(2) expenses of administration, maintenance, repair or
replacement of the general common elements, as hereinafter defined;
(3) expenses declared catmmn expenses by provisions of
this Declaration and the Bylaws; and
(4) expenses agreed on as caRmn , expenses by a vote of
the owners representing an aggregate ownership interest of at least
[fifty-one percent (51%)] of the general cannon elements.
k. "Map" means the CcndaainiLzn Map referred to in paragraph
two (12) below.
1. "Building" means the building imprrnrement ccWrising a
part of the project.
M. "Association" means the Applejack Inn Condaninium
Association, a nonprofit corporation organized under the laws of Colorado,
of which all owners of units shall be members and which shall be charged
with the management and maintenance of the project.
n. "Board of Directors" or "board" means the governing body
of the association.
o. "Managing agent" means the person employed by the board
to perform the management and operational functions of the project.
p. "Bylaws" means the hv.laws of the association.
Q. "Articles" n-ans the articles of incorporation of the
association.
r. "Guest" means any agent, employee, tenant, quest,
licensee or invitee of an owner.
S. "Declarant" means the Declarart named herein and such
successor or successors as may be designated hereafter by Declarant by
written notice duly recorded.
t. "Declaration" means this Declaration together with any
supplement or amendment hereto recorded in the office of the Clerk and
Recorder of. Pitkin County, Colorado.
2. Map. There shall be filed for record in the office of the
Clerk and Recorder of Pitkin County, Colorado, a map, hereinafter referred
to as the "map", which map may be filed in whole or in part, depicting
thereon -
thereof;
a. the legal description c-i the property and a survey
b. the name and general location of the project;
c. the linear measurements and location, with reference to
the exterior boundaries of the land, of the building(s) and all
improvements built on the land;
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•
•
d. floor plans and elevation plans of the buildings)
showing the location, the designation and the linear dimensions of each
unit and the designation of the limited common elements;
e. the elevations of the unfinished interior surfaces of
the floor and ceilings as established from a datum plan and the linear
measurements showing the thickness of the p(,rimeter and common walls of the
building.
7 be map and any sipplement (s) thereto shall contain the
statements of (1) the Declarant, submitting the property to the provisions
of this Declaration and (2) a registered land surveyor certifying that the
map fully and accurately depicts the layout, measu-awnts and location of
all of the building(s) and improvements, the unit designations, the
dimensions of such units and the elevations of the floors and ceilings.
Declarant hereby reserves unto itself and the board the right, from time to
time, without the consent of any owner being required, to amend the map and
supplement(s) thereto, to conform the map to the actual location of any of
the constructed improvements, to establish, vacate and relocate utility
easements, access road easements and parking spaces and to establish
certain general common elements as limited canon elements.
In interpreting any and all provisions of this Declaration
or the articles, bylaws, subsequent deeds to and/or mortgages of
condominium units, the actual location of a unit shall be deemed
conclusively to be the property intended to be conveyed, reserved or
encumbered, notwithstanding any minor deviations from the location of mach
unit indicated on the map.
3. Division into Units. Declarant does hereby sdmdt the
project to condominium ownership pursuant to the Colorado Condominium
Ownership Act, and the project is hereby divided into thirty-six (36)
condominium units, each consisting of a separate fee simple estate in a
particular unit and an appurtenant undivided fee simple interest in the
general common elements. The undivided interest in the general ccxmron
elements appurtenant to a particular unit is as is set forth on Fxhibit 1
attached hereto and incorporated herein by this reference.
4. Right to Combine Units. Declarant hereby reserves the right
to physically combine the area or space of one (1) unit with the area or
space of one (1) or more adjoining units provided, however, that Declarant
shall not exercise the right without the written consent of any first
mortgagee having an interest in the units. in the event of any such
physical combining of units to create a combined unit, such combined unit
shall also include the combining of the fixtures and improvements and of
the undivided interests in General common elements appurtenant to the twits
so combined. Declarant hereby reserves the right to designate and convey
to any purchaser any of the combined units, the additional limited common
elements appurtenant thereto, any walls, floors or other structural
separations between the units so dined or any space which would he
occupied by such structural. separations or such space shall autcvetically
became general common elements and shall no longer be. lir!ited common
elements if the c=bined units became subject to separate ownership in the
future. This reserved right in Declarant shall terminate. on the conveyance
by Declarant of all of the condominium units within the project or
December 31, 1986, whichever event first occurs.
5. Limited Cammon Elements. Subject to the definition thereof,
the limited canon elements sball be identified herein or on the map and
designated as appurtenant to a particular condominium unit herein or on the
map or in a deed from the Declarant. Any door, window, balcony, porch,
patio or fireplace which is accessible from, associated with and adjoins a
unit, deck or yard areas, parking spaces and storage lockers or any other
areas identified as limited common elements on the map and designated as
appurtenant to a particular condominium unit shall, without further
reference thereof, be used in connection with the unit to which it is
appurtenant to the exclusion of the use thereof by the other owners, except
by invitation.
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6. Inseparability of a Condominium Unit. An owner's undivided
interest in the general ccrron elements and in aM,, appurtenant limited
common elements shall not be separated from the unit to which they are
appurtenant and shall be deemed to be conveyed or encumbered with the unit
even though the interest is not expressly mentioned or described in a deed
or other instrument.
7. Descri ticn of a Condominium Unit. Evoiy deed, lease,
mortgage, trust deed, will or other instrument may legally describe a
condominium unit by its identifying unit [number] followed by the words
Applejack Inn, with reference to the recorded Declaration and map. This
description shall be deemed good and sufficient for all purposes to sell,
convey, transfer, encunber or otherwise affect not only the unit but also
the cannon elements appurtenant to it. This description shall be construed
to include a nonexclusive easement for ingress and egress throughout the
common elements appurtenant thereto to the exclusion of all third parties
not lawfully entitled to use the same.
8. Title. A condominium unit may be held and awned by more than
(1) 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. No Partition. The common elements shall remain undivided and
no owner or any o er person shall bring any action for partition or
division of the common elements. Similarly, no action shall be brought for
the partition of a unit or a condominium unit between or among the owners
thereof. Each owner expressly waives any and all such rights of partition
he may have by virtue of his ownership of a condominium unit. A violation
of this provision shall entitle the association to personally collect,
jointly or severally, from the parties violating the same the actual
attorney's fees, costs and other damages the association incurs in
connection therewith.
10. Separate Taxation. Each condominium unit shall be deemed to
he a separate parcel and shall be subject to separate assessment and
taxation by each assessing unit and special district for all types of taxes
authorized by law, including ad valorem levies and special assessments.
Neither the building (s) , the property nor any use of the general common
elements shall be deemed to he a parcel. The lien for taxes assessed to
any condominium unit shall be confined to that condoni_nium unit. No
forfeiture or sale of any corxk ninium unit for delinquent taxes,
assessments or other governmental charges shall divest or in any way affect
the title to any other condominium unit. In the event that such taxes or
assessments for any year are not separately assessed to each owner and
rather are assessed on the property as a whole, each owner shall pay his
proportionate share thereof in accordance with his rmnership interest in
the general commn elements; and, in such event, such taxes or assessment
shall be a canmon expense. Without limiting the authority of the board
provided for elsewhere herein, the board shall have the authority to
collect from the owners their proportionate share of taxes or assessments
for any year in which taxes are assessed on the property as a whole.
11. Certain Wbrk Prohibited. No owner shall undertake any work
in his unit whit would jeopardize the soundness or safety of the project,
reduce the value thereof or impair an easement or hereditament thereon or
thereto; nor shall any owner enclose, by means of screening or otherwise,
any balcony, yard, deck, patio or porch which is accessible from,
associated with and which adjoins a unit without having first obtained the
prior written approval of the board Mdch approval may be withheld for any
reason) for such enclosure and with respect to the materials, plans and
specifications for such enclosure. Structural alterations shall not be
made by an owner to the exterior portions of his unit or to the building(s)
or in the water, gas or steam pipes, electric conduits, plumbing or other
fixtures connected therewith; nor shall an owner remove any additions,
improvements or fixtures from the building (s) without the prior written
approval of the board (which approval may be withheld for any reason) first
having been obtained.
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12. Liens
Effect of Part Payne.
Condominium Units -- Pe moval from Lien --
a. No labor performed or materials furnished with the
consent or at the request of an owner of a particular condominium unit or
his agent shall be the basis for the filing of a lien pursuant to law
against the condominium unit or other property or another owner not
expressly consenting to or requesting the same, except that express consent
shall be deemed to be given by the owner of any condominium unit to the
managing agent or the board in the case of emergency repairs. Labor
performed or materials furnished for the ger.�ral common elements, if duly
authorized by the managing agent or the board of directors in accordanoe
with the Declaration or bylaws, shall be deemed to be performed or
furnished with the express consent of each owner and shall be the basis for
the filing of a lien pursuant to law against each of the condominium units
in the project.
b. In the event a lien is effected against two (2) or more
condominium units, the owners of the separate condominium units may remove
their eondc miniium units from the lien by payment of the fractional or
proportional amount attributable to each of the condominium units affected.
Individual payment shall be computed by reference to the percentages
appearing in this Declaration. Subsequent to payment, discharge or other
satisfaction, the condominium unit shall be released from the lien paid,
satisfied or discharged. Partial payment, satisfaction or discharge shall
not prevent the lienor from proceeding to enforce his rights against any
condominium unit not so released or discharged.
c. Each owner shall indemnify and hold each of the other
owners harmless from and against liability or loss arising from the claim
of any lien against the condominium unit of the owner or any part thereof
for labor performed or for materials furnished in work on such owner's
condominium unit. At the written request of an owner, the association
shall enforce such indemnity by collecting from the owner of the
condominium unit on which the labor was performed or materials furnished
the amount necessary to discharge any such lien and all costs incidental
thereto, including reasonable attorney's fees. If not promptly paid, the
association may proceed to collect the same in the manner provided herein
for collection of assessments for the purpose of discharging the lien.
13. Use and Occupancy of Units. Each owner shall be entitled to
the exclusive ownership and possession of his unit subject to the
restrictions and reservations contained in this Declaration.
14. Use of General and Limited Commn Kements. Each owner may
use the general common elements and his appurtenant limited common elements
in accordance with the purpose for which they are intended kd.thout
hindering or encroaching on the lawful rights of the other owners. The
association and/or the board may, from time to time, adopt rules and
regulations governing the use of general and limited common elements and
such rules and regulations shall be uniform and nondiscriminatory. Each
owner, by the acceptance of his deed or other instrument of conveyance or
assigrment, agrees to accept and be bound by any such adopted rules and
regulations.
15. Various Right and Easements.
a. owner's Rights in Limited Ccamon Elements. Subject to
the otherprovisions of this Declaration, each owner, his family and guests
shall have an exclusive right to use and enjoy the limited common elements
designated herein in the map or in the initial deed from Declarant as
appurtenant to the condominium unit owned by such owner.
b. Association Rights. The association, the board and the
managing agent shall have a nonexclusive right and easement to make such
use of and enter into or on the general comnn elements, the limited common
elements and the units as may be necessary or appropriate for the
performance of the duties and functions which they are obligated or
permitted to perform under this Declaration.
c. Owner's Easemnts for Access, _Support and Utilities.
each owner shall have a nonexclusive easFm�nL for access between his unit
and the roads and street adjacent to the project and the roads, streets and
driveways in the project, over and on the halls, corridors, stairs, walks,
bridges and exterior access and other easements which are part of the
general cannon elements. Each owner shall have a nonexclusive easement in,
on and over the general common elements, including the general common
elements within the unit of another owner, for horizontal and lateral.
support of the unit which is part of his conclaminitan unit, for utility
service to that unit, including and not limited to water, sewer, gas,
electricity, telephone and television service and for the release of smoke
arising f:nmm any fireplace within a unit through the flue leading
therefrom.
d. Easements for Encroachments. If any part of the general
common elenments encroaches or shall hereafter encroach on a unit, an
easement for such encroachment and for the maintenance of the same shall
and does exist. If any part of a unit encroaches or shall hereafter
encroach on the general. common elements or on another unit, the owner of
that unit shall and does have an easement for such encroachment and for the
maintenance of same. Such encroachments shall not be considered to he
encumbrances either on the general common elements or on a condominium unit
for purposes of marketability of title or otherwise. Encroachments
referred to herein include and are not limited to encroachments caused by
error in -the original construction of tine building (s) , by error in the
map, by settling, rising or shifting of the earth, or by changes in
position caused by repair or reconstruction of the project or any part
thereof.
e. easements in Units for Repair, Mainterance and
Emergencies. Som, of the general. com>cn elements are or may be located
within a unit or may be con�A-_nlently accessible only through a particular
unit. The association, board and managing agent_ and each caner shall have
an easement, which may be exercised for ary owner by the association, the
board or the managing agent, as his agent, for access through each unit and
to all general common elements, from time to time, during such reasonable
hours as may be necessary for the location, placement, existence,
maintenance, repair or replaceirnnt of any of the general common elements
located therein or accessible therefrom or for making emergency repairs
therein necessary to prevent damage to the general common elements or to
another unit or for rviking repairs or replacements pursuant to paragraph
sixteen (IT16) hereafter. Damage to the interior of any part of a unit
resulting from the maintenance, repair, emergency repair or replacement of
any of the general common elements or as a result of emergency repairs
within another unit, at the instance of the association, the board or the
managing agent, shall be a common expense of all of the owners. No
diminution or abatement of common expense assessments shall be claimed or
allowed for inconvenience or discomfort arising from the making of repairs
or improvements or from action taken to comply with any law, ordinance or
order of any governmental authority. Restoration of the damaged
improvements shall be substantially the same as the condition in which they
existed prior to the damage. Notwithstanding the foregoing, if any such
damage is the result of the carelessness or negligence of any owner, such
owner shall be solely responsible for the costs and expenses of repairing
such damage.
f. Easements Deemed Appurtenk-mnt. Tle easements, uses and
rights herein created for an owner shall he appurtenant to the condominium
unit of that owner; and all conveyances of and other instruments affecting
title to a condominium unit shall be deemed to grant and reserve the
easements, uses and rights as are provided for herein, even though no
specific reference to such easements, uses and rights appear in any such
conveyance.
g. Emergency Easement. A nonexclusive easement for ingress
and egress is hereby granted to all police, sheriff, fire protection,
ambulance and other similar emergency agencies or persons now or hereafter
servicing the project to enter on all streets, roads and driveways located
in the project and on the property in the performance of their duties.
- 7 -
16. Goners' Maintenance Resporsibility. For purposes of
maintenance, repair, alteration and remodeling, an owner shall be deemed to
own and shall_ have the right and obligation to maintain, repair, alter and
remodel the interior nonsupporting walls, the materials (such as and not
limited to plaster, gypsum drywall, paneling, wall1kaper, paint, wall and .
floor tile and flooring, not including the s-ubfloorinq) making up the
finished surfaces of the perimeter walls, ceilings erd floors within the
unit and the unit's doors and windows and any and all new additions to a
unit made by thc� owner thereof including, without limitation, any new fence
or other structure enclosing a patio, balcony, yard or deck area. The
obligation to maintain any fence or other structure enclosing a patio,
balcony, yard or deck area originally conveyer? by Declarant shall be that
of the association. No owner shall, however, make any changes or
alterations of ,any type or kind to the exterior surfaces of the doors or
windows to his unit or to any general roan on elements (including and not
limited to the exterior portions of his unit). The owner shall not be
deemed to own lines, pipes, wires, conduits or systems (which, for brevity,
are hereinafter referred to as "utilities") running through his unit which
serve one (1) or more other units, except as a tenant in common with the
other owners. Each owner shall have the obligation to replare any
finishing or other materials removed with similar or other types or kinds
of materials. An owner shall maintain and keep in good repair and in a
clean, safe, attractive and sightly condition the interior of his unit,
including the fixtures, doors and windows thereof and the improvements
affixed thereto and such other items and areas as may be required in the
bylaws. Also, an owner shall maintain, clean and keep in a neat and clean
condition the fireplace, if any, within his unit and keep in a neat and
clean condition and free and clear of snow, ice and any accumulation of
water on the deck, yard, porch, balcony and/or patio area adjoining and/or
leading to a unit, if any, which areas are limited corQmn elements
appurtenant to :such owner's condominium unit. All fixtures, appliances and
equiFtrent installed within a unit commencing at a point where the utilities
enter the unit shall be maintained and kept in repair by the owner thereof.
If any owner fails to carry out or neglects the responsibilities set forth
in this paragraph, the board of the managing agent may fulfill the same and
charge such owner therefor. Any expense incurred by an owner under this
paragraph shall be the sole expense of the owner.
17. CbMliance with Provisions of Declaration, Articles
and Bylaws of the Association. Each owner shall cmiply strictly with and
shall cause each of his guests to comply strictly with all of the
provisions of this Declaration and the articles and bylaws and the
decisions, ruler, regulations and resolutions of the association or the
board adopted pursuant thereto, as the same may be lawfully amended frcxn
time to time. Failure to ccuply with any of the same shall be grounds for
an action to recover sums due and for damages or injunctive relief or both,
along with costs of suit and reasonable attorney's fees, maintainable by
the managing agent or board of directors in the name of the association on
behalf of the masers or, in a proper case, by an aggrieved owner.
18. The Association.
a.. General Purposes and Powex. The association, through
the board or the managing agent, shall perform functions and hold and
manage property as provided in this Declaration so as to further the
interests of owners of condominium units in the project. It shall have all
powers necessary or desirable to effectuate such purposes.
b. Membership. The owner of a condominium unit shall
autamatically become a member of the association. The membership is
appurtenant to the condominium unit of the owner and the ownership of the
membership fora. condominium unit shall automatically pass with fee simple
title to the condominium unit. Each owner shall automatically be entitled
to the benefits and subject to the burdens relating to the membership for
his condominium unit. If the fee simple title to a condctninium unit is
held by more than one (1) person, each owner of a condominium unit shall be
a member of the association. Memberships -in the association shall be
limited to owners of condominium units in the project.
M:t
c. Board of Directors. The affairs of the association
shall be man<<ged by a board of_ directors which may by resolution delegate
any portion of its authority to an exFrutive camtittee or to a director or
managing agent for the association. There shall be not less than three (3)
or more than seven (7) members of the board of directors, the specific
number to he set forth from time to time in the bylaws, all of whom shall
be owners elected by owners. Regardless of the number of members of the
board of directors, the terms of at least one-third (1/3) of such board
shall expire annually. Notwithstanding anything to the contrary provided
for herein however, until Declarant has conveyed fifty percent. (50%) of the
condominium units in the project or until December 31, 1986, whichever
event shall first occur, the members of the board of directors shall be
appointed by Declarant, it successors or assigns.
d. Votin of Owners. The owner or owners of each
condominium unit shall be entitled to one (1) vote for each such
condominium unit owned by the owner or owners.
e. Bylaws and Articles. The purposes and powers of the
association and the rights and -obligations with respect to owners set forth
in this Declaration may and shall be amplified by provisions of the
articles and bylaws of the association.
19. Certain Rights and Obligations of the Association.
a. Association as Attorney -in -Fact for Owners. The
association is hereby irrevocably appointed attorney -in -fact for the owners
and each of ahem to manage, control and deal with the interest of each
owner in the general common elements so as to permit the association to
fulfill all of its duties and obligations hereunder and to exercise all of
its rights hereunder, to deal with the project on its destruction or
obsolescence as hereinafter provided and to grant utility easements through
any portion of the general common elements. The acceptance by any person
of. any interest in any condominium unit shall constitute an appointment of
the association as attorney -in -fact as provided above and hereinafter. The
association :Ls hereby granted all of the Ixxwers necessary to govern,
manage, maintain, repair, rebuild, administer and regulate the project and
to perform all of the duties requires? of it. Notwithstanding the above and
subject to the provisions contained in this Declaration, runless at least
three -fourths (3/4) of the first mortgagees of condominium units (based on
one (1) vote for each first. mortgage cA,med) and at ].east three fourths
(3/4) of the owners (excluding Declarant) have given their prior written
approval, the association shall not be enpowered or entitled to:
(1) by act or cmi ssion seek to abandon or terminate
the project;
(2) change the pro rata interest or obligations of any
individual condominium unit for the purpose of levying assessments or
charges or allocating distributions of hazard insurance proceeds or
condemnation awards;
(3) partition or subdivide any condominium unit;
(4) by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer (excluding the granting of easements
for public utilities or other public purposes consistent with the intend
use of the general common elements) any of the general or limited ccumon
elements; and
(5) use hazard insurance proceeds for loss to the
project (whether units or general common el.enr�.nts) for other than repair,
replacement cr reconstruction thereof.
Provided, hover, no action set forth in paragraphs nineteen (,519)(a)(1-5)
above may be taken without the prior written approval of the owner and
first mortgagee of the specific unit or units beincr affected.
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b. General Camyon F.lcmnents. The association shall provide
for the care, operation, management, m,_L nance, repair and replacement of
the general common elements except as is provided for in paragraph sixteen
(T16) herein. Without limiting the generality of the foregoing, the
obligations shall include the keeping of such general_ c-otmon elements
in a good, clean, attractive and sanitary condition, order and repair;
removing snow and any other materials from such general ca mmn elements
which might impair access to the project cr the units; keeping the project
safe, attractive and desirable; and making necessary or desirable
alterations, additions, betterments or iTrprovements to or on the general
common elements.
C. Other Association Functions. The association may
undertake any activity, function or service for the benefit of or to
further the interests of all, sane or any owners on a self-supporting,
special -assessment or common -assessment basis. Such activities, functions
or services may include the providing of police or similar security
services, the providing of firewood and the providing of maid and cleaning
service for individual units.
d. Labor and Services. The association (1) may obtain and
pay for the services of a managing agent to manage its affairs or any part.
thereof to the extent it deems advisable, as well as such other personnel
as the association shall determine to be necessary or desirable for the
proper operation of the project, whether such personnel are furnished or
employed directly by the association or by any person with wham or which it
contracts; (2) may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the project or
the enforcement of this Declaration; and (3) may arrange with others to
furnish lighting, heating, water, trash collection, sewer Service and other
common services.
e. Property of Association. The association may pay for,
acquire and hold or lease real property for the purposes set forth within
this Declaration and tangible and intangible personal property and may
dispose of the same by sale or otherwise. Subject to the provisions of
this Declaration and rules and regulations of the association, each owner
and each owner's family and guests may use such property. 0n termination
of condominium ownership of the project and dissolution of the association,
if ever, the beneficial interest in any such property shall be deemed to be
caned by the then owners as tenants in comron in the same proportion as
their respective interests in the _general cam -on elements. 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 purposes
for which ]-t. is intended, without hindering or encroaching on 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 property associated with the foreclosed condominium unit.
f.. Association Right to Tease and License General
Camron Elements. The association shall have the right to lease or license
or permit the use of by less than all owners or by nonowners on either a
short-term basis or long-term basis and with or without charge as the
association may deem desirable any portion of the general canon elements
or any condominium unit owned by the association. The rights granted to
the association in this subparagraph shall only be used in the promotion of
the collective best interests of the owners. Further, the association
shall have the right to grant utility easonents under, through or over the
general ccnmonn elements which are reasonably necessary to the ongoing
development and operation of the project.
g. Mortgagee Notification. The association shall notify
each first mortgagee of any proposed material amendment of the
association's articles or bylaws at least ten (10) days prior to the
effective Cate of silch amendment or change. Further, on the written
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request of any first mortgagee, such first rmrtgag� shall be entitled to
receive the most recent annual financial statement of the association and
written notice of all meetings of the association and such First mortgagee
shall have the right to designate a representative to attend any such
meeting.
h. Enforcement by Association. The board may suspend any
owner's voting rights in the association or the right of an owner to use
the recreational facilities of the project during any period or periods
during which such owner fails to crMly with the association's rules and
regulations or with any other obligations of such owner under this
Declaration. The association may also take judicial action against any
owner to enforce oonpliance with such rules, regulations or other
obligations hereunder or in the bylaws contained or to obtain damages for
noncompliance thereof, all to the extent permitted by law. The board may
impose a fine, not to exceed fifty dollars ($50.00), on any owner for each
violation or act of noncouplianee by any such owner or his guest.
i. Certificate. The board of directors may, from time to
time, recor3 a certificate of the identity and the mailing addresses of the
persons then comprising the board of directors, together with the identity
and address of the managing agent, if any there be. Such certificate shall
be conclusive evidence thereof in favor of any person relying thereon in
good faith regardless of the time elapsed since the date thereof.
j. THplied Rights. The association shall have and may
exercise any right or privilege given to it expressly by this Declaration
or the articles or bylaws or reasonably to be implied from the provisions
of those documnts or given or implied by law or which may be necessary or
desirable to fulfill its duties, obligations, rights or privileges.
20. Assessment for CaRTM Expenses.
a. Each cKmex, except Declarant, shall be obligated to pay
the assessments imposed by the board of directors to meet the estimated
earn expenses. The assessments shall be made pro rata according to each
owTer's interest in and to the general common elements. Declarant shall
have no obligation to pay the estimated ccimc)n expense assessment on
condominium units owned by Declarant imposed by the board to meet the
common expenses, and Declarant agrees to pay to the association a sum equal
to the difference between the monthly cost of operating and maintaining the
general common elements, exclusive of reserves, and the amount of funds
payable by the other owners to the association. This obligation of
Declarant to subsidize the operations of the association shall terminate
when Declarant relinquishes its right to appoint the association's board or
December_ 31, 1986, whichever event first occurs. Subsequent to the
occurrence of either of the aforesaid everts, Declarant shall be obligated
as any other owner in reference to condominium units then owned by
Declarant to pay the estimated cannon expense assessments imposed by the
board to met the common expenses. Except as hereinbefore provided, the
limited cmmon elements shall be maintained as general eom►on elements and
owners having the exclusive use thereof shall not be subject to any special
charges or assessments. Assessments for the estimated common expenses
shall be due monthly, in advance, on the first day of each month. The
managing accent or board of directors shall prepare and deliver or mail to
each owner an itemized annual budget showinq the various estimated or
actual expenses for which the assessments aim! made. Contributions for
monthly asses-mmnts shall be prorated if the ownership of a cmndoninium
unit commences on a day other t1-ian the first day of a month. The
assessmnts made for ccxmn expenses shall be based on the requirements
deemed to be such aggregate sum as the board of directors shall fran time
t.0 time determine is to be paid or accrued to be paid to provide for the
payment of all estimated expenses growing out of or connected with the
maintenance and operation of the general common elements, which stun may
include, among other things, expenses of management; taxes and special.
assessments, until separately assessed; premiums for insurance of the types
and kinds provided for in paragraph twenty-three MT23) hereafter;
landscaping and care of grounds; common lighting and heating; repairs and
renovation_;; trash collections; fireood; cable television service; wages;
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water and sEv.er charges; legal and accounting fees; capital expenditures
made by the board not exceeding _five thousand dollars ($5,000.00), in any
one (1) calendar year (unless a greater amount is approved by a majority of
the votes of the association) ; expenses and liabilities incurred by the
managing agent or board of directors under or by reason of this
Declaration; deficits remaining from a previous period; and other costs and
expenses relating to the general common elements. Further, it shall be
mandatory for the board to establish and segregate, out of such monthly
assessments, a contingency or reserve fund for the repair, replacement and
maintenance of those general common elements that must be replaced
periodically. The emission or failure of the board of directors to fix the
assessment for any month shall not be deemed a waiver, modification or a
release of the owners from their obligation to pay same. Any owner or
first mortgagee may, pursuant to C.R.S. 6 38-33-107 (1973, as amended) ,
inspect the association's records of receipts and expenditures at any
reasonable time during convenient weekday business hours; and, on ten (10)
days' notice to the board of directors or managing agent, if any, and on
payment of a reasonable fee, not to exceed twenty dollars ($20.00), any
owner or first mortgagee of such owner shall be furnished a statement of
account setting forth the amount of any unpaid assessments or other charges
due and owing from such owner. At the end of any calendar year, the board
of directors may but shall not be required to refund to each owner his
proportionate share of funds then held by the association which are not
deemed to be necessary to meet the cannon expenses. Each owner shall be
obligated to pay all charges for any separately metered utilities servicing
his unit. All utilities that are master metered shall be a canwn expense
hereunder.
b. The board of directors shall have the right during any
calendar year to levy and assess against all of the owners a special
assessment for such purpose or purposes, in accordance with this
Declaration, the articles or bylaws, as may he necessary to keep the
project as a first-class [ski lodge] condominium. Such special assessment
shall be borne by the owners in accordance with each owner's interest in
the general common elements and shall be due and payable as determined by
the board of directors.
21. Assessment Reserves. The association may require an owner,
other than Declarant, to deposit with the association an amount not
exceeding six (6) times the amount of the original estimated monthly canon
assessment, which sum shall be held, without interest, by the association
as a reserve to be used for paying such owner's monthly common assessment
and for working capital. Such an advance payment shall not relieve an
Owner from making the regular monthly payment of the monthly canon
assessment as the same cares due. On the transfer of his condominium unit,
an owner shall be entitled to a credit from his transferee for any unused
portion thereof. Such reserves shall, at all times, remain as capital of
the association.
22. Additions, Alterations and Improvements - General and
Limited Canon Elements. There shall be no special assessments in excess
of five thousand dollars ($5,000.00), levied by the board of directors in
any one (1) calendar year or any capital additions, alterations or
improvements of or to the general or limited common elements by the
association. requiring expenditure(s) in excess of five thousand dollars
($5,000.00), in any one (1) calendar year without, in each case, prior
approval by a majority of the votes in the association , except in the event
of an emergency; the limitations set forth above shall not apply to any
expenditures made by the association for maintenance and repair of the
general crnmon elements as set forth in paragraph nineteen (4119) hereof or
for repair in the event of damage, destruction or condelmation as provided
in paragraph tc,pnty-nine (9129) and paragraph thirty (930) hereof.
23. Insurance.
a. Insurance Requirements Generally. ^_fie association shall
obtain and maintain in full force and effect at all times certain casualty,
liability and other insurance as hereinafter provided. All such insurance
shall be obtained, to the extent possible, from responsible companies duly
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authorized to do insurance business in the State of Colorado. All such
insurance shall name as insureds the association, the board of directors of
the association, the association's officers, employees and agents, and, if
practicable, the owners. All such insurance shall protect each of the
insureds as if each were separately insured under separate policies. To
the extent possible, such casualty insurance shall: (a) provide for a
waiver of subrogation of the insurer as to claims against Declarants, the
association, its directors, officers, employees and agents and against each
owner and each owner's employees and guests; (b) provide that the insurance
cannot be cancelled, invalidated or suspended on account of the conduct of
the association, its officers, directors, employees and agents or of any
owner or such owner's employees or guests; (c) provide that any "no other
insurance" clause in the insurance policy shall exclude any policies of
insurance maintained by any owner or mortgagee and that the insurance
policy shall not be brought into contribution with insurance maintained by
any owner or mortgagee; (d) contain a standard mortgage clause endorsement
in favor of the mortgagee of any condominium unit or part of the project
except a mortgagee of a condominium unit or part of the project who is
covered by other and separate insurance; (e) provide that the policy of
insurance shall not be terminated, cancelled or substantially modified
without at least ten (10) days' prior written notice to the association and
to each owner and to each nnrtgagee covered by any standard mortgage clause
endorsement; and (f) provide that the insurer shall not have the option to
restore the premises if condominium ownership of the project is to be
terminated in accordance with the terns of this Declaration or the project
is to be sold in its entirety in accordance with the destruction,
condemnation and obsolescence provisions of this Declaration. Zb the
extent possible, public liability and property damage insurance shall
provide for coverage of any cross liability claims of owners against the
association or other owners and of the association against owners without
the right of subrogation. Any insurance policy may contain such deductible
provisions as the board of directors of the association deems consistent
with good business practice.
The association shall obtain an independent appraisal of the
project at .least every three (3) years or more often if the board of
directors deems it advisable; provided, however, that said appraisal may be
performed by an appraiser employed by an insurance company.
Certificates of insurance coverage or copies of insurance
policies shall be issued to each owner and each mortgagee who makes written
request to the association for any such certificate or copy of an insurance
policy.
The cost and expense of all insurance obtained by the
association, except insurance covering additions, alterations or
improvements made to a condominium unit by an owner or other insurance
obtained at the request of and specifically benefiting any particular
owner, shall be an expense of the association.
b. Casualty Insurance . The association shall obtain and
maintain casualty insurance covering the project and each condominium unit
covering loss or damage by fire and such other hazards as are covered under
standard extended coverage policies, with vandalism and malicious mischief
endorsements, and if available and if deemed appropriate by the
association, other casualty risks, for the full insurable replacement cost
of the project, including each condominium unit witli an inflation guard
endorsement that automatically increases the amount of coverage by a fixed
percentage at least quarterly. At the option of the association such
insurance may also cover additions,, alterations or improvements to a
condominium unit made by an owner if the owner reimtnirses the association
for any additional premiums attributable to such coverage. The association
shall not be obligated to apply any insurance proceeds to restore a
condominium unit to a condition better than the conditions existinq prior
to the making of additions, alterations or improvements by an owner in the
absence of insurance covering such additions, alterations or improvements
as aforesaid.
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c. Public Liability and Property Damage Insurance. The
association shall obtain and maintain compr liensive public liability and
property damage insurance covering personal liability, property damage
liability and automobile personal and property damage liability of the
association, its officers, managers, employees and agents and of each owner
and each owner's employees and guests, arising in conjunction with
ownership, operation, maintenance, occupancy or use of the project or of
any condominium unit in the project with limits of not less than S1,000,000
for each occurrence involving bodily injury liability and/or property
damage liability.
d. Workmen's Compensation and E plcyer's Liability
Insurance. The association shall obtain and maintain workmen's
conpensati.on and employer's liability insurance as may be necessary to
comply with applicable laws.
e. Insurance by Owners. Insurance coverage on contents,
merchandise, furnishings, including cabinets, counters, carpet and other
floor coverings, draperies, oven range, refrigerator, wallpaper, disposal,
plumbing fixtures such as tubs and sinks 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 directors, the association and the managing agent
shall have no responsibility therefor.
Any insurance policy obtained by an owner shall be such that
it will not diminish or adversely affect or invalidate any insurance or
insurance recrvery under policies carried by the association and shall, to
the extent possible, contain a waiver of the right of subrogation by the
insurer as to any claim against the association, its officers, managers,
agents and employees and against the owners and their employees and guests.
A copy of any insurance policy obtained by an owner shall be furnished to
the association on the written request of the association.
f. Receipt and Application of Insurance Proceeds. kept
as sane particular person has a legal right to receive insurance proceeds
directly, al' insurance proceeds and recoveries shall be paid to and
received by the association. All insurance proceeds or recoveries received
by the association shall be applied by the association; first, as expressly
provided elsewhere in this Declaration; second, to the owners or persons
wham the association may determine are legally or equitably entitled
thereto; and third, the balance, if any, to owners in proportion to their
respective interests in ccmwn elements.
g. Other Insurance by Association. The association shall
have the power and authority to obtain and maintain other and additional
insurance coverage, including casualty insurance covering personal property
of the association, fidelity bonds or insurance covering employees and
agents of the association and insurance indemnifying officers, managers,
employees cund agents of the association.
h. Owner -Increased Prerii_ums. In the event that, as a
consequence of the hazardous use of ruiy condominium unit, or of any owner
installed iTT,rovenents to any condominium unit, the premiums of any policy
of insurance purchased by the association are increased, or special policy
is required, the cost of such increase or specific policy shall be payable
by the owner of such condominium unit.
24. Lien for Nonpayment of Connrnn F4-uses. All sums assessed
by the board pursuant to any provisions of this Declaration, including,
without limitation, the share of common expenses chargeable to any
condominium unit, shall constitute a lien on such condominium unit superior
(prior) to all other liens and encumbrances, except (1) tax and special
assessment liens on the condominium unit in favor of any governmental
assessing unit and (2) all sums unpaid on a first mortgage of record,
including all unpaid obligatory sums as may be provided by such
encumbrance.
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a. If any assessment shall remain unpaid after twenty (20)
days after the due date thereof, such unpaid sums shall bear interest from
and after the due date thereof at the rate of eighteen percent (18%) per
annumm; and the board of directors may impose a late charge on such
defaulting owner in an amount not to exceed ten dollars ($10.00) to cover
the extra cost and expenses involved in handling such delinquent
assessments.
b. The association may evidence its lien by recording in
the office of the Clerk and Recorder of the County of Pitkin, Colorado,
written notice which shall set forth the amount of such unpaid
indebtedness, the name of the owner of the condominium unit, a description
of the condominium unit and signed by one (1) of the board of directors.
Such lien mty be enforced by foreclosure of the defaulting owner's
condominium unit by the association in like manner as a mortgage on real
property on the recording of a notice or claim thereof. In any such
foreclosure, the owner shall be required to pay the costs and expenses of
such proceedings, the costs and expenses for filing the notice or claim of
lien and all reasonable attorney's fees. The owner shall also be required
to pay to the association the monthly assessment for the condominium unit
during the p(xiod of foreclosure, and the association shall be entitled to
the appointrm mt of a receiver to collect the same. The board of directors
shall have the power to bid on the condominium unit at foreclosure sale and
to acquire and hold, lease, mortgage and convey same.
c. Any encumbrancer holding a lien on a condominium unit
may Pay but shall not be required to pay any unpaid ccmwn expenses payable
with respect to such condominium unit; and, on such payment, such
encumbrancer shall have a lien on such condominium unit for the amounts
paid of the same rank as the lien of his encumbrance, provided any first
mortgagee who acquires a condominium unit by foreclosure or by a deed in
lieu thereof shall acquire title to such condominium unit free and clear of
any lien for unpaid common expenses and shall only be responsible for
common expenses arising after the date on which such first mortgagee
acquires title to the condominium unit.
d. The association shall, on request, deliver written
notice to the first mortgagee of a condominium unit of any assessments
remaining unpaid for longer than thirty (30) days after the same are due as
well as of ar.v other default of an owner hereunder known to the association
which is not cured within sixty (60) days.
e. Declarant states, in accordance with the requirements of
the Colorado Condominium Ownership A-::t, that it is possible that liens
other than mechanic's liens, assessment liens and tax liens may be obtained
against the general common elements, including judgment liens and mortgage
liens.
f. Each owner hereby agrees that the association's lien on
a condcminiuml unit for assessments as hereinbefore described shall he
superior to the Homestead Exemption provided by C.R.S. S 38-41-201, et.
seq. (1973, as amended) and each owner hereby agrees that the acceptance of
the deed or other instrument of conveyance in regard to any ccmdominbun
unit within the project shall signify such grantee's waiver of the
ilomuuestead right granted in the section of the Colorado statutes.
g. Any recorded lien for nonpayment of the common expenses
may be released by recording a release of lien executed by a member of the
board of directors.
25. Owners' obligations for Payment of Assessments. The amount
of the common expenses and any speci,-ml assessment assessed against each
condominium unit shall be the personal and individual debt of the owner or
owners thereof_ at the time the assessment is made. Suit to recover a money
judgment for unpaid common expenses or special assessments and costs of
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suit and attorney's fees shall be maintainable without foreclosing or
waiving the lien securing same. No owner may exempt himself from liability
for his contribution towards the cam -on expenses or any special assessment
by waiver of the use or enjoyment of the general common elements or by
abandonment of his condominium unit.
26. Liability for Common Expenses on Transfer of Condominium
Unit.
a. Ch payment of a reasonable fee not to exceed twenty-five
dollars ($25.00), and on ten (10) days' prior written notice from any owner
or any mortgagee or prospective mortgagee of a condominium unit, the
association, by its managing agent or board of directors, shall issue a
written statement setting forth the amount of the unpaid common expenses,
if any, with respect to the subject condominium unit, the amount of the
current monthly assessment, the date such assessment becomes due, the
amount of any assessment reserve on deposit with the association and any
credit for advanced payments for prepaid items, including and not limited
to insurance premiums, which statement shall be conclusive on the
association in favor of all persons who rely thereon in good faith. Unless
such request for such a statement shall be complied with within ten (10)
days from receipt thereof, all unpaid cocoon expenses which become due
prior to the date of making such request shall be subordinate to the lien
of the person requesting such statement.
b. The grantee of a condominium unit, except a first
mortgagee who acquires a condominium unit by foreclosure or a deed in lieu
of foreclosure, shall be jointly and severally liable with the grantor for
all unpaid assessments against the grantor for his proportionate share of
the common expenses up to the time of the grant or conveyance without
prejudice to the grantee's right to recover from the grantor the amounts
paid by the grantee therefor provided, however, that on payment of a
reasonable fee not to exceed twenty-five dollars ($25.00), on written
request, any such prospective grantee shall be entitled to a statement from
the managing agent or board of dir-ctors setting forth the amount of the
unpaid commxm expenses, if any, with respect to the subject condomin'_u ni
unit, the amount of the current monthly assessment, the date that such
assessmmmmnt beds due, the amount of any assessment reserve on deposit
with the association and any credit for advanced payments for prepaid
items, including and not limited to insurance premiums, which statement
shall be conclusive on the association in favor of all persons who rely
thereon in good faith. Unless such request for such a statement shall be
complied with within ten (10) days from the receipt thereof, such
requesting grantee shall not be liable for and the condominium unit
conveyed shall not be subject to a lien for any unpaid assessments against
the subject condominium unit. The provisions contained in this paragraph
shall not apply on initial transfer of the condominium units by Declarant.
27. Mortgaging a Condominium Unit - Priority. hiy owner shall
have the right f time to time to mortgage or encmamher his condominium
unit by deed of trust, mortgage or other security instrument. The owner of
a condominium unit may create junior mortgages (junior to the lien, deed of
trust or other encumbrance of the first mortgagee) on his condominium unit
on the following conditions,: (1) that any such junior mortgages shall
always be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for common expenses and
other obligations created by this Declaration and the bylaws and (2) that
the mortgagee under any junior mortgage shall release for the purpose of
restoration of any improvrrents on the mortgaged premises all of his right,
title and interest in and to the proceeds under all insurance policies
effected and placed on the project by the association. Such release shall
be furnished forthwith by a junior mortgagee on written request of the
managing agent or on,e (1) or more of the board of directors of the
association, and if not furnished, may be executed by the association as
attorney in fact for such junior mortgagee.
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28. Restrictive Covenants and Obligations.
a. No periling of Insurance. No owner and no owner's
guests shall do anything or cause anything —to be kept in or on the project
which might cause cancellation of any insurance effected and placed on the
project by the association.
b. No Violation of Law. No owner and no owner's guests
shall do anything or keep anything in or on the project which would be
immoral, improper, offensive or in violation of any statute, rule,
ordinance, recfulation, permit or other validly imposed requirement of any
governmental body.
c. No Noxious, Offensive, Hazardous or Annoying Activities.
No noxious or offensive activity shall. be carried on on any part of the
project; nor shall anything be done or placed on or in any part of the
project which is or my become a nuisance or cause embarrassment,
disturbance or annoyance to other owners or their. guests. No activity
shall be conducted on any part of the project and no improvements shall be
made or constructed on any part of the project which are or might be unsafe
or hazardous to any person or property. No sound shall be emitted on any
part of the project which is unreasonably loud or annoying. No odor shall
be emitted on any part of the project which is noxious or offensive to
others. No light shall be emitted from any past of the project which is
unreasonably bright or causes unreasonable glare.
d. No Unsightliness. No unsightliness or waste shall be
permitted on or in any part of the project. Without limiting the
generality of the foregoing; no owner shall keep or store anything (except
in designated storage areas) on or in any of the general common elements;
no caner shall hang, erect, affix or place anything on any of the general
common elements (except for decorative items within his unit); and, nothing
shall be placed on or in windows or doors of units, which would or might
create an unsightly appearance.
e. Restriction on Animals. No animals of any kind,
including domesticated dogs or cats, livestock, reptiles and birds, shall
be kept on any part of the project unless such is expressly permitted by
the bylaws of the association and regulated by rules and regulations
promulgated by the association.
f. Restriction on Signs. No signs or advertising devices
of any nature shall be erected or maintained on any part of the project
without the prior written consent of the board. The board shall permit the
placing of at least one (1) sign of reasonable size and dignified form to
identify the project and the condominium units therein. So long as any
condominium unit owned by Declarant in the projects remains unsold, no
owner shall be permitted to place any sign on the project or on his unit or
on any building a&,-ertising his condominium unit for sale or lease.
g. No Violation of Rules. No owner and no owner's guests
shall violate the nmles and rr2gulations adopted frrm time to time by the
association, whether relating to the use of units, the use of general or
limited cannon elements or otherwise.
h. Owner Caused Damages. If, due to the act or neglect of
an owner or such owner's guests or family, loss or damage shall be caused
to any person or property, including the project or any unit therein, such
owner shall be liable and responsible for the same except to the extent
that such damage or loss is covered by insurance obtained by the
association and the carrier of the insurance has waived its rights of
subrogation against such owner. The amount of such loss or damage may be
collected by the association from such owner as an assessment against such
owner by legal. proceedings or otherwise, and such amount (including
reasonable attorney's fees) shall be secured by a lien on the condominium
unit of such owner as provided hereinabove for assessments or other
charges.
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0 •
i. Parking of Vehicles. Parking of any and all vehicles on
the project shall be subject to the rules and regulations of the
association.
j. Restrictions on Parking and Storage. No part of the
project, including the public streets and pri%rate streets, drives or
Parking areas, unless specifically designated by the association therefor,
shall be used as a parking, storage, display or accam odation area for any
type of trailer, camping trailer, boat trailer, hauling trailer, running
gear, boat or accessories thereto, trick or recreational vehicle, except as
a temporary expedience for loading, delivery, emergency, etc. (provided
this restriction shall not restrict trucks or other commercial vehicles
with the project which are necessary for the construction or maintenance of
the project) .
Determination with respect to whether a particular activity
or occurrence shall constitute a violation of this paragraph twenty-eight
(928) shall be made by the board of directors and shall be final.
29. Association as Attorney -in -Fact - Damage and Destruction -
Qbsolescence. This Declaration does hereby make mandatory the irrevocable
appointment of an attorney -in -fact to deal with the project on its
destruction, repair or obsolescence.
Title to any condominium unit is declared and expressly made
subject to the terns and conditions hereof, and acceptance by any grantee
of a deed from the Declarant or from any owner shall rnnstitute appoint of
the attorney -in -fact herein provided. Al! of the owners irrevocably
constitute and appoint the association, their attorney -in -fact for the
purpose of dealing with the project on its destruction, repair or
obsolescence as is hereinafter provided. As attorney -in -fact, the
association, by its president and secretary, shall have full and canplete
authorization, right and power to make, execute and deliver any contract,
deed or any other instrument with respect to the interest of an owner which
is necessary and appropriate to exercise the powers herein. granted. Repair
and reconstruction of the improvements as used in the succeeding
subparagraphs means restoring the inprovements to substantially the same
condition in which the improvements existed prior to the damage with each
unit and the general cannon elements and limited ccmTcn elements having
substantially the s-mne vertical and horizontal boundaries as before.
Excerpt as is otherwise herein provided, the proceeds of any insurance
collected shall be available to the association for the purpose of repair,
restoration or replacement unless all owners and all first mortgagees agree
not to rebuild in accordance with the previsions set forth hereinafter.
Assessments for cannon expenses shall not be abated during the
period of insurance adjustment and repair and reconstruction.
a. In the event of damage or destruction to the project to
the extent of not more than sixty-six and two-thirds percent (66 2/3%) of
the total replacement cost thereof, not including land, due to fire or
other disaster, the insurance proceeds, if sufficient to reconstruct the
improvements shall be applied by the association, as attorney -in -fact, to
such reconstruction; and the improvements shall be prcRptly repaired and
reconstructed. The association shall have full authority, right and power,
at attorney -in --fact, to cause the repair and restoration of the
improvements.
b. If the insurance proceeds are insufficient to repair and
reconstruct the improvements, and if such damage is to the extent of not
more than sixty-six and two-thirds percent (66 2/3%) of the total
replacement cost of the project, not including land, such damage or
destruction shall be promptly repaired and reconstructed by the
association, as attorney -in -fact, using the proceeds of insurance and the
proceeds of an assessment to be made against all of the owners and their
condcminium units. Such deficiency assessment shall be a carrion expense
and made pro rata according to each owner's interest in the general common
elements and shall be due and payable within thirty (30) days after on-itten
notice thereof. The association shall have full authority, right and
CMIM
power, as attorney -in- fact, to cause the repair or restoration of the
inprovements using all of the insurance proce-eds and such assessment. The
assessment provided for herein shall be a debt of each owner and a lien
on his condominium unit and may be enforced and collected as is provided
hereinbefore. 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
be sold by the association, as attorney -in -fact. The proceeds derived
from the sa:_e of such condominium unit shall be used and disbursed by the
association, as attorney -in -fact, in the following order.
(1) For payment of taxes and special assessment liens
in favor of any assessing entity.
(2) For payment of the balance of the lien of any
first mortgage.
(3) For payment of unpaid common expenses, including
the proration share of the deficiency assessment.
(4) For payment of junior mortgages and encumbrances
in the order of and to the extent of their priority.
(5) The balance remaining, if any, shall be paid to
the owner.
c. If the project is destroyed or damaged to the extent of
more than sixty-six and two-thirds percent (66 2/3!�) of the total
replacement cost thereof, not including land, the board shall adopt a plan
for the repair and reconstruction of the project; and all owners shall be
bound by the terms and provisions of such plan unless the owners
representing an aggregate ownership interest of seventy-five percent (75%)
or more of the general cannon elements and at least seventy-five percent
(75%) of the first mortgagees (based on one (1) vote for each first
mortgage owned) vote not to adopt such plan within one hundred (100) days
after the dmage or destruction. The association shall have the right
to use, in accordance with such plan, all proceeds of insurance for such
destruction or damages as well as the proceeds of an assessment to be made
against all of the owners and their_ condominium units. Any assessment made
in connection with such plan shall be a cam -on expense and made pro rata
according tc each owner's percentage interest in the general common
elements and shall be due and payable as provided by the terms of such
plan and not sooner than thirty (30) days after written notice thereof_.
The association shall have full authority, right and power, as attorney -in -
fact, to cause the repair and restoration of the improvements using all of
the insuranm 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 owner and a lien on his condominium unit and may be enforced
and collected as is provided hereinabuve. 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
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 be sold by the association. The proceeds derived
from the sale of such condominium unit shall be used and disbursed by the
association, as attorney -in -fact, for the same purposes and in the same
order as is provided in subparagraphs b. (1) through (5) of this paragraph.
d. If the project is damaged or destroyed to the extent of
more than s:_xty-six and two-thirds percent (66 2/3%) of the total
replacement cost therof, not including land, and if the owners representing
an aggregate ownership interest of seventy-five percent (75%) or more of
the general common elements and at least seventy-five percent (75%) of the
first mortgagees (based on one (1) vote for each first mortgage owned) vote
not to adopt a plan for repair and reconstruction, the association shall
forthwith record a notice setting forth such fact or facts; and, on the
recording of such notice by the association's president and secretary, the
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entire remaining project shall be sold by the association, as
attorney -in --fact for alJ_ of the owners, free and clear of the provisions
contained in this Declaration, the map and the articles and bylaws. The
insurance settlement proceeds shall be collected by the association, and
such proceeds shall be divided by the association according to each owner's
interest (as such interests appear on the policy or policies) ; and such
divided proceeds shall be paid into separate accounts, each such account
representing one (1) of the condominiuum unit. Each such account shall be
in the name of the association and shall be further identified by the
condominium unit designation and the name of the owner. Thereafter, each
such account: shall be supplemented by the apportioned amount of the
proceeds derived from the sale of the entire project. Such apportionment
shall be based on each owner's percentage interest in the general common
elements. The total funds of each account shall be used and disbursed,
without contribution from one (1) account to another by the association, as
attorney -in -fact, for the same purposes and in the same order as is
provided in subparagraph b. (1) through (5) of this paragraph. The
provisions contained in this subparagraph shall not hinder the protection
given to a first mortgagee under a mortgagee endorsement.
e. The owners representing an aggregate ownership interest
of seventy five percent (75%) or more of the general comron elements may
agree that the general common elements are obsolete and adopt a plan for
the renewal and reconstruction provided the plan shall have the approval of
seventy-five percent (75%) or more of the first mortgagees of record at the
time of the adoption of such plan. If a plan for the 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 a common expense, whether or not they have previously consented to the
plan or renewal and reconstruction. The association, as attorney -in -fact,
shall have the absolute right and power to sell the condominium unit of any
owner refusirg or failing to pay such 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 be sold by the
association. The delinquent owner shall be required to pay to the
association the costs and expenses for filing the notices, interest at the
rate of eighteen percent (18I) per annum on the amount of the assessment
and all reasonable attorney's fees. The proceeds derived from the Gale of
the condominium unit shall. be used and disbursed by the association, as
attorney -in -fact, for the same purposes and in the same order as is
provided in subparagraph b. (1) through (5) of this paragraph.
f. The owners representing an aggregate ownership interest
Of seventy-five percent (75%) or more of the general common elements. may
agree that the condominium unit are obsolete and the same should be sold.
Such plan (agreement) must have the unanimous approval or consent of every
first mortgagee. In such instance, the association shall forthwith record
a notice setting forth such fact or facts; and, on the recording of such
notice by the association's president and secretary, the entire project
shall be sold by the association, as attorney -in -fact for all of the
owners, free and clear of the provisions contained in this Declaration, the
map, the articles and the bylaws. The sales proceeds shall be apportioned
between the comers 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.
Each such account shall be in the name of the association and shall be
further identified by the condominium designation and the name of the
owner. From Each separate account, the association., as attorney -in -fact,
sha1.1 use and disburse the total amount (of each) of such accounts without
contribution fran one (1) account to another for the same purposes and in
the same order as is provided in subparagraphs b. (1) through (5) of this
paragraph.
30. Condemnation.
a. Consequences of Condemnation. If, at any time or times
during the continuance of condominium ownership pursuant to this
Declaration, all or any part of the project shall be taken condemned by any
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public authority or sold or otherwise disposed of in lieu of or in
avoidance thereof, the prm7i.sions of this paragraph thirty (�730) shall
apply.
b. Proceeds. All compensation, damages or other proceeds
therefrom, the sum of which is hereinafter called the "condemnation award",
shall be payable to the association.
c. Complete Taking. In the event the entire project is
taken or condemned or sold or otherwise disposed of in lieu of or in
avoidance thereof, condominium ownership pursuant to this Declaration shall
terminate. The condemnation award shall be apportioned among the owners in
proportion to their respective undivided interests in the general c anm
elements, provided that, if a standard different from the value of the
project as a whole is employed to measure the condemnation award in the
negotiation, judicial decree or otherwise, in determining such share the
same standard shall be employed to tl-w2 extent it is relevant and
applicable.
d. Partial Taking. In the event less than the entire
project is taken or condemned or sold or otherwise disposed of in lieu of
or in avoidance thereof, the condominium ownership hereunder shall not
terminate. Each owner shall be entitled to a share of the condemnation
award to be determined in the following manner. As soon as practicable,
the association shall reasonably and in good faith allocate the
condemnation award among compensation, damages and other proceeds and shall
apportion the amounts so allocated among the owners as follows:
(1) The total amount allocated to taking of or injury
to the general common elements shall be apportioned among the owners in
proportion -to their respective undivided interests in the general common
elements.
(2.) The total amount allocated to severance damages
shall be apportioned to those condominium units which were not taken or
condemned.
(3) The respective amounts allocated to the taking of
or injury to a particular unit and/or improvements an owner had made within
his own unit shall be apportioned to the particular condominium unit
involved.
(4) The amount allocated to consequential damages and
any other takings or injuries shall be apportioned as the association
determines to be equitable in the circumstances.
If an allocation of the condemnation award is already established in
negotiation, judicial decree or otherwise, in allocating the condemnation
award, the association shall employ such allocation to the extent it is
relevant and applicable. Any distribution of the condemnation award made
pursuant to this subparagraph shall be made by checks payable jointly to
the owners and their first mortgagees.
e. Distribution. The association shall, as soon as
practicable, determine the share of the condemmnation award to which each
owner is entitled. Such shares shall. be paid into separate accounts and
disbursed as soon as practicable, provided, in the event of a complete
taking, such distribution shall be made in the same manner as is provided
in paragraph twenty-nine (,929)b. of this Declaration.
f. Mortgagee Notice. The association shall give timely
written notice to each first mortgagee of the commencement of any
condemnation or eminent domain proceedings and shall notify the first
mortgagees in the event of the taking of all or any part of the general
common elements.
g. Reorganization. In the event a partial taking results
in the taking of a complete unit, the owner thereof automatically shall
cease to be a member of the association; and such owner's interest in the
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general ootmion elements shall thereupon terminate and the association, as
attorney -in -fact for such owner, rti�y take whatever action is necessary and
execute such documents as are necessary to reflect such termination.
Thereafter the association shall reallocate the ownership and assessment
ratio determined in accordance with this Declaration according to the same
principles enplcyed in this Declaration at its inception and shall submit
such reallocation to the owners of remaining condcminium units for
amendment of this Declaration as provided in paragraph thirty-one (T31)b.
hereof.
31. Miscellaneous.
u. Duration of Declaration. All of the provisions
contained in this Declaration shall continue and remain in full force and
effect until condominium ownership of the project and this Declaration are
terminated, revoked or amended as hereinafter provided.
b. Amendment and Terminatiqn. Any provision contained in
this Declaration may be amended or additional provisions may be added to
this Declaration and condominium ownership of the project may be terminated
or revoked by the recording of a written instrument or instnmients
specifying the amendment or addition or the fact of termination and
revocation, executed by the owners, as shown by the records of the office
of the Clerk and Recorder of the County of Pitkin, Colorado, of cond minium
units representing an aggregate ownership interest of seventy-five percent
(75%), or more, of the general ccmnm elements and first mortgagees whose
liens encumber an aggregate ownership interest of seventy-five percent
(75%) or mare of the general common elements (except no provision of this
Declaration requiring the approval or consent of more than seventy-five
percent (75%) of such first mortgagees may be amended without the consent
of at least the minimum number of first mortgagees whose approval or
consent is required under such provision) provided, however, in no event
shall the undivided interest of an owner in the general ocmmon elements be
decreased without the unanimous consent of each owner and each first
mortgagee and provided, further, so long as Declarant continues to own one
(1) or nrore condominium units, which he is holding for rental or sale, no
right of D&:71arant contained in this Declaration may be amended or modified
without the consent of Declarant. The consent of any junior mortgagees
shall not be required under the provisions of this paragraph. The
association shall, at least ten (10) days prior to the effective date of
any amendment to this Declaration, notify all first mortgagees of record of
such amendment.
c. Effect of Provisions of Declaration. Each provision of
this Declaration and an agreement, promise, covenant and undertaking to
ccnply with each provision of this Declaration and any necessary exception
or reservation or grant of title, estate, right or interest to effectuate
any provision of this Declaration shall:
(1) be deemed incorporated in each deed or other
instrument by which right, title or interest in the project or in any
condominium unit is granted, devised or conveyed, whether or not set forth
or referred to in such deed or instrument;
(2) by virtue of acceptance of any right, title or
interest in the project or in any condominium unit by an owner be deemed
accepted, ratified, adopted and declared as a personal covenant of such
owner and, as a personal covenant, shall be binding on such owner and such
owner's heirs, personal representatives,,successors and assigns and shall
be deemed a personal covenant to, with and for the benefit of the
association and not to, with or for the' benefit of any other nonaggrieved
owner;
(3) be deemed a real covenant by Declarant, for
itself, its successors and assigns and also an equitable servitude running,
in each case, as a burden with and on the title to the project and each
condominium unit and, as a real covenant and also as an equitable
servitude, shall be deemed a covenant and servitude for the benefit of the
project and each condominium unit; and
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(4) be deemed a covenant, obligation and restriction
secured by a lien in favor of the association burdening and encumbering the
title to the project and each condaninium unit in favor of the association.
d. Protection of Encumbrancer. Subject to the provisions
of paragraph twenty-seven (m27) above, no violation or breach of or failure
to coomply with any provision of this Declaration and no action to enforce
any such provision shall affect, defeat, render invalid or impair the lien
of any first mortgage or other lien on any condominium unit taken in good
faith and for value and perfected by recording in the office of the Clerk
and Recorder of the County of Pitkin, Colorado, prior to the time of
recording ._n such office 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; no.c shall such violation, breach, failure to ccrrply or action to
enforce, affect, defeat, render invalid or impair the title or interest of
the holder of any such first mortgage or other lien or the title or
interest aoquired by any purchaser on foreclosure of any such first
mortgage or other lien result in any liability, personal or otherwise, of
any such holder or purchaser. Any such purchaser on foreclosure shall,
however, t*e subject to this Declaration provided, however, that violation
or breaches of or failure to comply with any provisions of this Declaration
which occurred prior to the vesting of fee simple title in such purchaser
shall riot be deemed breaches or violations hereof or failures to comply
herewith with respect to such purchaser, his heirs, personal
representatives, successors or assigns.
e. Supplemental to Law. The provisions of this Declaration
shall be in addition and supplement to the Condominium ownership Act of the
State of G)lorado and to all other provisions of law.
f. Ntmabers and Genders. Whenever used herein, unless the
context shall otherwise provide, singular number shall include the
plural, the plural, the singular and the use of any gender shall include
all genders.
g. Registration by Owner of Mailing Address. Each owner
shall register his mailing address with the association and except for
monthly statements and other routine notices which shall be personally
delivered or sent by regular mail, all other notices or demands intended to
be served on an owner shall be delivered personally or sent by either
registered or certified mail, postage prepaid, addressed in the name of the
owner at such registered mailing address. All notices, demands or other
notices intended to be served on the board of directors of the association
or the association shall be sent certified mail, postage prepaid, to
[ jat[ l
agent for service, until such address is changed by a notice of address
duly recorded with the office of the Secretary of State of Colorado.
h. Successors in interest. This Declaration shall be
binding on and shall inure to the benefrt of the Declarant, the association
and each owner and the heirs, personal representatives, successors and
assigns of each of them.
i. Severabilit . Invalidity or unenforceability of any
provision of this Declara ion in whole or in part shall affect the validity
or enforceability of any other provision or any valid and enforceable part
Of a Provision of this Declaration.
j. Captions. The captions and headings in this Declaration
are for convenience only and shall not be considered in construing any
provision of this Declaration.
k. No Waiver. Failure to enforce any provision of this
Declaration shall not operate as a waiver of any such provision or of any
other provision of this Declaration.
1. Sales and Construction Facilities and Activities
of Declarant. Notwithstanding any prevision to the contrary contained
herein, Declarant, its agents, employees and contractors shall he permitted
to maintain during the period of any construction and/or sale of the
condominium units in the project, on such portion of the project as
Declarant may choose, such facilities as in the sole opinion of the
Declarant may be reasonably required, convenient or incidental to the
construction, sale or rental of condominium units, including without
limitation, a business office, storage area, construction yards, signs,
model units, sales office, construction office, parking areas and lighting
and temporary parking facilities for all prospective tenants or purchasers
of condanini_tmm units. In addition, Declarant, its agents, employees and
contractors shall have the right to ingress and egress in and through all
units during the period of the construction and/or sale of the condominium
units for the purpose of any required or desired refurbishment,
construction, maintenance or repair to such units or the building or any
part thereof.
m. Rule Against Perpetuities. If any of the options,
privileges, covenants, or rights created by this Declaration shall be
unlawful, void or voidable for violation of the rule against perpetuities,
such provision shall continue only until twenty-one (21) years after the
death of the survivor of the now living descendants of the President of the
United States, Ronald Reagan and Governor of Colorado, Richard Lamm.
32. Recreational Facilities. The recreational facilities of the
project, which include a Jacuzzi pool, shall be subject to any rules and
regulations pronulgated by the association; and same shall be available for
the use of all owners and their guests.
33. New Additions of General Cannon Elements and Limited
Conmmon Elements. The Declarant does not intend to make any major additions
of general or limited common elements. If the association subsequently
determines to make any such additions, however,
a. each owner would be responsible for his percentage of
any increase in cannon expenses created thereby.
b. each owner would own, as a tenant in coon with the
other owners, an undivided percentage interest in the new additions in
accordance with the interest set forth on Exhibit "1" attached hereto.
C. each owner's relative percentage interest in the
existing general and limited cannon elements would be unaffected by such
additions, and
d. each owner's voting interest in the association would be
unaffected by the additions.
34. Certificate of Identity. There shall be recorded from time
to time a ai!rtificate of identity which shall include the addresses of the
persons then comprising the management body (directors and officers)
together with the identity and address of the managing agent. Such
certificate shall be conclusive evidence of the information contained
therein in favor of any person relying thereon in good faith regardless of
the time elapsed since the date thereof.
35. Personal Use Restriction. An owner's personal use of his
unit shall be restricted tc not more than fourteen (14) days during the
seasonal period of December 18 - 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 ocm pancy of a unit by a nonpaying
guest of the owner or taking the unit off the rental market during high
season for any reason other than for necessary repairs which cannot be
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postponed or which make the unit unrentable. This restriction shall not
preclude the occupancy of the unit by a lodge manager or staff employed by
the lodge. This restriction has been imposed by the City of Aspen and is
not included to benefit the Declarant but rather to continue a use deemed
necessary by the City of Aspen.
36. Assessment for Violation of Personal Use Restriction. A
violation of the owner's personal use restriction by a unit owner as such
personal use restriction as defined in paragraph thirty-five (T35) above,
shall subject the owner to a daily assessment by the association of three
(3) times the daily rental rate for the unit as such rental rate is at the
time of the violation. This assessment shall be due and owing from the
time of violation. The assessment, when paid, shall be deposited in the
general fund of the condominium association and shall be used to upgrade
and repair the cmmon elements of the condominium. All sums assessed
against an owner for violation of an 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 may 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
condominium unit by the association in like manner as a mortgage or deed of
trust on real property. In the event the association fails to enforce the
owner's personal use restriction, the City of Aspen shall have the right to
enforce the restriction by the assessment, lien and right of foreclosure
provided for herein. In the event the City enforces the restriction, the
City shall be entitled to the funds collected as a result of the assessment
for violation. In the event of litigation resulting from the enforcement
of this personal use restriction, as part of its award to the prevailing
party, the court shall award such party its court costs together with
reasonzible attorney's fees incurred.
37. Annual Report to City. The City of Aspen shall have the
right to require from the association an annual report of owner's personal
use during high season for all the condominium units.
38. Employee Unit. [Unit ) of the condominium
shall be utilized only for use as employee housing, as such is defined and
regulated by the City of Aspen Housing Authority.
39. Maintaining Lodge Condominium Project as a Lodge Facility.
Declarant, for itself and its successors in interest, hereby acknowledges
that by virtue of the establishment of this lodge condominium project as a
"Condoainiumized Lodge" pursuant to the provisions of § 20-23 of the
Municipal Code of the City of Aspen, Colorado, adopted by Amendment to
Chapter 20 of the code denominated ordinance No. 14 (Series of 1980) (this
Code section is hereinafter referred to as "the Lodge Condaainiumization
Ordinance"), use and maintenance of the common elements are restricted by
the provisions of the Lodge Condominiumization Ordinance and these
restrictions are set forth in this paragraph thirty-nine (1[39), use of the
units is restricted by the Lodge Condaminiumization ordinance which
restrictions are set forth above in paragraphs thirty-five (q35) and
thirty-six (1[36) and this paragraph thirty-nine (139); maintaining the
oondaninium project as a lodge facility is required by the lodge
Condaniniumization ordinance, as is set forth in this paragraph thirty-nine
(4[39) ; and, availability of the units to the general tourist market is
required by Lodge Condaainiumization Ordinance as set forth in paragraph
thirty-five M35) above arid in this paragraph thirty-nine (T39) .
a. on site management required by City is for the benefit
of the individual unit owner should the owner desire it, but any owner is
free to obtain his own manager for his specific_ irnit.
b. The units shall remain in the short-term rental market
to be used as temporary accommodations availal-Ae to the general tourist
market. This condition may be met by inclusion of the units, at ccaparable
rates, in any local reservation system for the rental of lodge units in the
City of Aspen, Colorado. Paragraph thirty-five (g[35) above sets forth the
restriction relative to a unit owner's personal use of a unit.
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c. The association shall provide on -site management and
maintenance and other tourist acxr mmodation services for the management and
operation of the common elements and for the compliance with the provisions
and restrictions of the Lodge Condoniniumization Ordinance, consistent in
quality and quantity to those provided by the Applejack Inn as of the date
of this Declaration. 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 the Lodge Condaminiumization
Ordinance, all of which services shall be deemed condominium common
expenses:
(1) on -site management from 8:00 a.m. to 10:00 p.m.
seven days a week between Decemmber 1 and March 31, and between June 1 and
September 15 of each year;
(2) twenty-four (24) hour services on call between
December 1 and March 31, and between June 1 and September 15 of each year;
(3) a buffet breakfast of baked goods, juice, cereal,
coffee, yogurt and the like, between December 1 and March 31, and between
June 1 and September 15 of each year;
(4) the following amenities shall be available to the
lodge guests: buffet breakfast (during high season only), jacuzzi pool,
cable television, lobby common area, telephone in room
(5) front desk service between 8:00 a.m. and 10:00
p.m. seven days per week between December 1 and March 31 and between June 1
and September 15 of each year, which service shall include check -in, key
pick-up and check-out;
(6) maid service for the lodge guests on a daily basis
between December 1 and March 31 and between June 1 and September 15 of each
year.
d. The cannon 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.
e. In order to comply with the provisions of the Lodge
Condominiummization Ordinance, 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 replacedand
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 (30) days within which tc cximmence compliance with
such decisions, and full compliance shall be made within the ensuing sixty
(60) day period. Payment for the maintenance and replacement of such
furniture, fixtures and personal property within the units shall be the
responsibility of each respective unit owner. The association shall not be
responsible for such payment and the common elements shall not be subject
to a lien as a result of nonpayment 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 thirty-nine (139)e., the association may replace and/or
maintain the said furniture, fixtures or personal property within a unit in
order to maintain such uniform and first-class condition. In such event,
the unit owner shall reimburse the association for all monies expended
thereby, including a service charge in the amount of twenty percent (20%)
of such monies expended, within three (3) days of delivery of notice to the
- 26 -
s 0
unit owme:r of such monies
Owner. In the event a expended by the association on association, the unit wrier does not so timelybehalf of the unit
default and the association 11 be dew an reimburse the
Pursuant
to the shall have a lien and special assessment in
Provisions contained in unit foreclosable
paragraph twenty-five (!f25) above.
f - In order Condcminiumizat on ordinance to c�P1Y with the
be tained in a first-class lodge order. that the co ions of the Lod
C°ndcmi.rd-w�uzation 9e facility as co �ndonium Project may
successors in interest,
the Declarant agrees for
templated by the Lod
with: that the following requirements will [herself] and [her]
will be catplied
showing of the (1) If a unit Owner desires
unit to prospective purchasers to sell a unit, the
guests appointment tti With the frontt debss masgement onl shall be done through the
unit shall y, in order- g
o°On�1enced, that any lodge
Personal use clot• (2) A unit owner's choice of days
contained in Paragraph Y given high season (sUb•Pct y to be utilized for
writing to tl-1e board of -five (4135) above) shall the restrictions
n nent of each high prior to the first da be delivered in
9h season, Y of July preceding
paragraph thi r t • The fail, �e to cc "PlY with
shall not in any -nine (-139) or an action to enforcce Provision r this
Other lien on away u�ir the lien of a any provision
y condc"dnivm unit taken in mortgage' deed of trust or
Perfected
erf by record' good faith and for value and
Pitkin County, in the office of the
Y, Colorado, prior to County Clerk and
off instrument describing describ' cm of recordingOffer of
owner or � the CO unit and listing In said office of
owners of fee single title to the name or names
giving notice of the failure to c the eondaninium
to enforce shall not �3�Y• The failure to unit and
mortgage, deed of trustPair
title or interest of to ccmly or an action
any Purchaser upon Or
flien or the title f holder of any such
lien and shall not result in anany such most interest acquired by
ruck holder oi• Y liabil_it gam' deed of trust or other
however Purchaser. Any such y' Personal or otherwise, of any
take 7'ubject to this DeclaratOc except on foreclosure shall
breaches of, or fa�_lure to Pt Only'
1'-nine (T39) which c�ly my Provisions
of Paragraph
or
rn such Purr -baser rurred Prior to the vesting of fee s• Paragraph
fail -tires to co hall not be dew breaches or violations simple title
successors in ijit-'ereshterewith with respect to such hereof or
Purchaser or his
40. Time Shar.
regulations, tineGtk3rin Subject to applicable governmental
fractional fE 0 9 or other similar, legally
wnershiP interests shall be r 1zed time span or
Permitted in the
INYlZ'IiVF,SS Applejack Inn.
Declarant has duly executed this Declaration this
day of 198[2].
TOR CORPORATIQV
95
PRESIDEh�' ------
BY
S�
STATE OF COLORADO)
COUNTY OF p�XM � ss
The foregoing i nstnmx nt ckrmled
Se ____, 1983, by was a 9ed before me this
Secreta13; of TOR Co as president, and day
Corporation, a Wisconsin corporation.
as
W:L`I'NESS my hand and Official seal..
Nl' C.cnmisSion expires:
Notarn; P", '.1 4 -
U
•
Address
- 27 -
•
MEMORANDUM
TO: City Attorney
,, y Engineer
v�'uilding Department
PLANNER: Colette Penne
RE: Condominiumization of the Applejack Lodge
DATE: June 23, 1983
Attached is an application submitted for the condominiumization of
the Applejack Lodge, located on Lots 2 of D, E, F, G, H, and I,
Block 45, amity and Townsite of Aspen.
Please review the materials and return your comments to the Planning
Office by July 5 so that we may prepare for its presentation at the
July 19 City P&Z.
Thank you.
aspen title
company, Itd.
A TITLE INSURANCE AGENCY
June 17, 1983
The Planning Office of the
City of Aspen
City Hall
Aspen, Colorado 81611
This is to certify that a search of the records in the office of
the Clerk and Recorder of the County of Pitkin, State of Colorado,
reveals that the owner of the Applejack Inn is Tor Corp., a Wisconsin
Corporation, and that said Applejack Inn is situate upon the following
described property:
The East one-half (E2) of Lot D
All of Lots E, F, G, H and I
Block 45
CITY AND TOWNSITE OF ASPEN
Aspen Title Company, Ltd.
B
y
Vice -President
530 E. Main Street Third floor
Aspen, Colorado B1611 303 925-4444
i
RECORD OF PROCEEDINGS 100 Leaves
• �. /. .n1/R Il �. .. � 1. C!. __— �"_ _"_ '�. _�_—�" ��—_—
ORDINANCE NO.
(Series of: 1980)
AN ORDINANCE AMENDING SECTION 20-3 (s) (2) OF THE MUNICIPAL CODE OF
THE CITY OF ASPIN BY REQUIRING SUBDIVISION APPROVAL FOR TEIE
RESUBDIVISION OF All IMPROVEMENT WHICH HAD PREVIOUSLY COMPLIED WITH
THE PROVISIONS OF CHAPTER 20 OF THE MUNICIPAL CODE OF THE CITY OF
ASPEN; AMENDING SECTION 20-9 (c) OF TEIE MUNICIPAL CODE OF THE CITY
OF ASPEN BY DELETING THE PROHIBITION AGAINST THE SUBDIVISION OF
NON -CONFORMING STRUCTURES; AND ADOPTING A NEW SECTION 20-23 TO THE
MUNICIPAL CODE OCONDOh1INIUriOIZATIONASPEN
OFWHICH
LODGE;SWILL ALLOW FOR THE
WIIER.EAS, the Planning and Zoning commission has recommended
that the provisions of Sections 20- 3 (s) (2) and 20-9 (c) of the
Municipal Code
of
the
City of
Aspen
and
the
adoption of a
new
Section 2.0-23
to
the
Municipal
Code
of
the
City of Aspen,
all for
the benef it of the City of Aspen,
Noll, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Sect ion 1
That: Section 20-3 (s) (2) of the Municipal Code of the City of
Aspen shzill be amended to read as follows:
(2) A tract of land including land to be used for condo-
miniums, apartments or any other multiple dwelling
units, or for time-sharing dwelling units; or
Section 2
That Section 20-9(c) of the Municipal Code of the City of
Aspen shall be amended to read as follows:
(c) No subdivision of land shall be approved which includes -
elements not in conformance with the provisions of: any
applicable zoaing ordinance or other ordinance of the
City of -Aspen or law or r"egul.ation of the State of Colo-
rado. It is the intent of this section to allow the
condom iniuniization of lodges wt;ich may be either non-
conforming structures or uses.
i
RECORD OF PROCEEDINGS 100 Leaves
■ • t. r. rntr■n r. ■ ■ . to _ _
Section 3
That Chapter 20 of the Municipal Code of the City of Aspen
shall be amended by the adoption of a new Section 20-23 which
shall read as follows:
Sec. 20-23. Condominiumization of Lodges.
(a) Requirements. Any applicant seeking condoininiumization
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 regu-
lations) , shall comply with the following requirements:
(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
applicant has complied with this paragraph if a
condominium 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 Uecentber 18
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 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 con-
dominium association for use in upgrading and
-repairing the couunon elements of the condo-
miniuru. All suins 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
Pi.tkin County, Colorado, and way be collected
2
RECORD OF PROCEEDINGS
100 Leaves 1
♦ L. /. .�Iff/l �. ... 1. CA. __ _�_
by foreclosure on an owner's condon►irlium unit
by the association in like manner as a mort-
gage or deed of trust on real property. The
condominium association's failure to enforce
tti.: owner's personal use restriction shall
give the City the right to enforce the
restriction by the assessment and the lien
provided for hereunder. If the City enforces
the restriction, the City shall receive the
funds collected as a result of the assessment
for the violation. In the event litigation
results from the enforcement of the restric-
tion, as part of its reward to the prevailing
party, the court shall award such party its
court costs together with reasonable attor-
ney'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 pro-
vided for three (3) years previous to the time of
condominiumization, whichever is greater. As used
herein, "pillow" means sleeping accommodations for
one (1) person.
,(3) A condominiumized lodge shall provide on -site man-
agement and maintenance and other tourist accommo-
dation 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 condo-
miniurnized lodge shall provide or contract for on -
call services twenty-four_ (24) hours a day, main-
tenance of the grounds, common elements and erner-
gency 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 stat-
ing 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,
(c) what kind of and to what extent transportation
has been provided to guests,
3
i
RECORD OF PROCEEDINGS I I 100 Leaves
M • i. I. MfC■Il .. ... �. t/1.
(d) what have been the check -in hours and pro-
cedures,
(e) what amenities have been available to guests,
and
(f) any other relevant information regarding on -
site management, maintenance and other tourist
accommodation services provided by the lodge.
A. The condominium units shall remain available to the
general tourist market. This condition inay 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 coirmion
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 conunon areas.
1 6. The lodge shall be physically upgraded as a result
of the condominiumization either by applicant's
fulfilling the requirements set forth in subpara-
graph (a) , infra, or in the alternative by appli-
cant's compliance with subparagraph (b), infra, as
follows:
-' (a) An amount equal to thirty percent (con mi the
assessed value of the property, as coo`7 the
iumized, is applied to the upgrading of the
lodge facility pursuant to plans submitted to
and approved by the City Buildiny Inspector
within nine (9) months of condominiumI zation
approval and'the upgrading is completed within
twelve (12) months after the buildiny permit
for such upgrading is issued.
(b) The applicant demonstrates in the sole judg-
ment and discretion of the City Council that
funds previously expended by the applicant
have upgraded the lodge to a high enough qual-
ity so as to make further upgradi.ny unneces-
sary as a condition to condominiumizat ion and
that the upgrading done previous . to the condo-
miniumization will allow the condominiurnized
lodge to continue to accommodate its clientele
in a manner consistent with or better in qual-
ity than the accommodation provided previous
to condominiumization; or the applicart pre-
sent:; to the City Council_ a plan for upgrading
the lodge in phases and the plan is approved
by the City Council and implemented in accord-
ance with their approval. City Council's
approval to such plan may. be yranted or with-
held in accordance with its sole judgment and
discretion. Due consideration shall be given
t])y City Council to the fact that the lodges of
fiECORD OF PROCEEDINGS 100 Leaves
rnrr[r1 t. r. t 1. te. clientele
diverse economic
Aspen attract cli�
sectors, certain lodges catering to certain
sectors, and the intent 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.
(b) Applicability. All conditions set forth within this
ordinance shall be made binding on the applicant, the
applicant's successors, heirs, personal represecitatives
and assigns and shall govern the property which is the
subject_ of the application for the life of the survivor
of the present City Council of Aspen plus twenty-one
(21) years. A condominiumization of a lodge pursuant to
this section shall be modified only by the written
agreement of the City Council and the owner or owners of
the condominiumized lodge property. The documents cre-
ating and governing the condoniiniuin shall be mod if ied 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 docu-
mentation to the City at the time of application for
condominiumization 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 facil-
ity, the common areas and the location of any amen-
ities serving the lodge.
(4) Draft of proposed condominium documents including
condominium declaration, articles of the condo-
minium 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.
Section 4
if any of the provisions of this ordinance or any section,
paragraph, sentence, clause phrase or word or the application
j thereof in any circumstances be invalidated,
not ' of f ect- , the validity of the remainder of
I
!� 5
such invalidity shall
this ordinance, and
�r
RECORD OP PROCEEDINGS 100 Leavos
■ • C /. Mf ff fl \. \. • 1. CM1 �---- .
application of any such provision, paragraph, sentence,
the apl
clause, phrase or word in any other circumstances shall not be
t
4
I
I
affected thereby.
Section 5 W S /
public ublic hearing on the ordinance shall be held on the —
j980, at 5: 0 0 P.M. in
day of
the City Council Chambers, Aspen City liall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the Cy it Council of the City of Aspen on the � Clay of
1980.
Herman Edel
Mayor
ATTEST:
Kathryn 5. Hoch
City Clerk
t± Ih,ALLY adopted, passed and approved on the day of
1980.
Henn - i Edel
Mayor
ATTEST:
Kathryn S. 'octi
City Clerk
6
r
6MADFORD.UDLI•I OHC Cn.. oCNV•• C O 1V, D O F PROCEEDINGS
ST,?VrE or, -COLORADO ) CERTIFICATE
SS
COUNTY. OE' PITKIN )
x:r Sathryn S. Koch, City Clerk of Aspen, Colorado,
do herebIT certify that the above and foregoing ordinance was
introducez-a.,'
read in full, and passed on •,-� �
readi-na at. a regular meeting of the City Council of the
City of &spen on �4 L-e� ��/_. 19 CD, and published
in the As7,pan Times a weekly newspaper of general circul-
at.ion, Ly, 3lished in the City of Aspen, Colorado, in its
issue of % _, 19 fv and was finally adopted
andapprdsred at a regular meeting of the City Council on
and ordered published as
Ordinance 10. , Series of 19.6M of said City, as
• provided.: Lny law.
IN'TKITNESS WHEREOF, I have hereunto set my hand and
the seal_ of said City of Aspen, Colorado, thisy
day of ? 11910.
Kathyrn 5 Koch, City Cler1�.
• SniL.
Deputy City Clerk
9 •
MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Reinstating the Applejack as an L-3 Lodge
DATE: August 8, 1983
The applejack Lodge was originally reviewed and recommended for
rezoning .as one of the many non -conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the
L-3 list, thereby reinstating it as an L-3 lodge.
As was discussed at the prior meeting, Ordinance 4 should be
repealed since a change of zoning should not be enacted through
deletion from a list. The passage of this ordinance (Ordinance
37) will rectify the earlier incorrect action.
Council Action
You approved Ordinance 37 at your July 25 meeting. The appropriate
motion is:
"I move to adopt Ordinance 37, Series of 1983."
elf
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN EXISTING LODGE
WHEREAS, ASPEN ACCOMMODATIONS, INC., a Colorado
corporation and successor in interest to TOR Corporation, a
Wisconsin corporation, original applicant for this
subdivision exception, (hereinafter referred to as
"Applicant"), is the owner of certain real property situate
in the City of Aspen, Pitkin County, Colorado, described as
the East 3-2 of Lot D, all of Lots E, F, G, H and I, Block 45,
City and Townsite of Aspen, having the street address of 311
W. Main St. , Aspen, Colorado 81611, commonly known as the
Applejack Inn and to be known as The Aspen, a condominium,
WHEREAS, Applicant has requested an exception from
the full subdivision process for the purpose of
condominiumizing the existing lodge on the above described
real property (said lodge commonly known as the Applejack
Inn and to be known as The Aspen, a condominium); and
WHEREAS, the Aspen Planning and Zoning Commission
at its meeting of August 16, 1983, determined that such
exception would be appropriate and recommended that the same
be granted subject, however, to certain conditions; and
WHEREAS, the City Council determined at its
meeting of August 22, 1983, that such exception was
appropriate and granted the same subject, however, to
certain conditions, as set forth herein;
NOW THEREFORE, the City Council of Aspen, Colorado
does determine that Applicant's application for exception
from the full subdivision process for the purpose of
condominiumization of the existing lodge known as the
Applejack Inn is proper and hereby grants exception from the
full subdivision process for such condominiumization and
hereby approves applicant's plan for condominiumization;
PROVIDED, HOWEVER, that the foregoing exception
and approval are expressly conditioned on the Applicant's,
its successors and assigns' strict compliance with the
provisions contained herein and all other binding conditions
•
of approval on this matter set by the Planning and Zoning
Commission and/or the City Council, as are set forth below:
1. Applicant shall submit a condominium map
in they form of two (2) mylar sets which shows:
approval;
a. Individual units;
b. General and limited common elements;
C. Approval and recording certificate;
d. Existing utility meters;
e. Other items pertinent to condominium
f. On -site parking and its designation
either as general or limited common elements.
2. Applicant shall record the approved
condominium map.
3. In the event the City Council of the
City of Aspen determines that any municipal improvements of
a kind. contemplated in § 20-16 of the Municipal Code of the
City of Aspen, as amended, become necessary or desirable to
the area of the above described property, Applicant shall
make no objection to any special assessment or special tax
or proceeding therefore on the basis that the property is
adequately served by existing improvements and/or on the
basis that the premises will not be served or benefited by
the improvement or improvements proposed. Applicant further
agrees to join on the demand therefore by the City, any
special improvement district formed for construction of
improvements (including, without limitation, signage,
drainage, underground utilities, paved streets and alleys,
planting, curbs, gutters, sidewalks or street lights) in the
area of the above described property or to reimburse the
City of Aspen directly on demand therefore if the City
chooses to construct these improvements without the
formation of such a district.
- 2 -
11
4. The following fire, health and safety
improvements must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
serviced by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room.
C. Provide a self closer on the door.
d. Each sleeping room must be provided
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
swinging door not less than three feet (3'0") wide and six
feet, eight inches (6'8") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (12'0" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Code for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed within twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
condominium map, Applicant shall execute a promissory note
payable to the City of Aspen secured by a deed of trust
encumbering the subject lodge property to assure that the
physical upgrading and fire, health and safety improvements
will be accomplished. The terms of the note shall be as set
out in S 20-23 (A)(6)(c), in the form approved by the City
Attorney. In the event Applicant has satisfactorily
- 3 -
IF
0
•
completed the physical upgrading and health and safety
improvements prior to the time it desires to record the
condominium map, then execution of such note and deed of
trust shall not be required.
7. Applicant shall submit to the City
Attorney for his review and approval the condominium
declaration for the condominiumized lodge and the by-laws
and articles of incorporation for the lodge condominium
asscciation. The condominium declaration shall be recorded
after the review and approval by the City Attorney has been
obtained at such time as the Applicant records the
condominium map.
8. Applicant shall submit for review and
approval by the City Attorney an employee housing deed
restriction for the one (two pillows) unit of employee
housing. This deed restriction may be incorporated into the
condominium declaration for the condominiumized lodge or may
be recorded as a separate document.
9. Applicant agrees to comply with any
other applicable provisions of § 20-23 of the Municipal Code
of the City of Aspen, as amended.
10. Applicant agrees this Statement of
Exception and the conditions set forth herein shall be
binding on it and its successors and assigns and shall be
deemed to run with the land affected hereby.
Dated this day of Q 1983.
v /
WILLIAM STIRLING, MAYOR
APP AS TO FORM:
PAUL J. TADD,JME, CITY ATTORNEY
I, KATHRYN S. KOCH, do hereby certify that the
foregoing statement of exception from the full subdivision
process for the purposes of condominiumization of an
existing lodge known as the Applejack Inn and to be known as
the Aspen, a condominium, was considered and approvel by the
City Council at its regular meeting held o ,
- 4 -
9
198-3, at which time the Mayor, William Stirling, was
authorized to execute same on behalf of the City of Aspen.
cod
KATHRYN S KOCH, CITY CLERK
- 5 -
o.
a To
4 L/n
4�9 C�
9"
s �
jAN
January (3, 1984
Mr. Jim Wilson
City of Aspen Building Department
130 S. Galena Street
Aspen, CO 81611
GRf7rr,
RE: Stipulated Requirements from the Statement of Exception
for Condominiumization of The Aspen
Dear Jim;
Attached to this letter is Section 4 taken from the $tatement-)Df
Exce The Aspen. Section 4 stipulate
that certain fire, health and safety imp ements must be made prior
the closing of the sale of any unitin the rojec I hav sed
ett-"se items w urley, supervisor on the job for Hunter
Construction. He has indicated to me that with the exception of items
C and D, each of the remaining items has been completed. It is my
understanding that a wall has been constructed to separate the boiler
room in lieu of the one hour fire -rated door with closer as is
indicated in the Statement of Exception (items C and D).
You will also note in Section 5 on the attached page that we are
obligated to spend a minimum of $125,000 in upgrading the project. I
think you will agree that this sum has been greatly exceeded, not only
in achieving the health and safety requirements but also in general
refurbishing of the lodge.
If the attached items have been completed to your satisfaction, I would
appreciate your signature below. I will forward copies of this letter
to both Paul Taddune and Jay Hammond to be retained in their files as
proof of the completion of these requirements.
Thank you for your cooperation in this matter.
S'ncerely,
Al��L
V"I '
Randy Gold
Date
4. The following fire, health and safety
improvements must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
serviced by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room.
F. c. Provide a self closer on the door.
Each sleeping room must be provided.
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
swinging door not less than three feet (3'0") wide and six
feet, eight inches (618") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (1210" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Cade for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed within twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
condominium map, Applicant shall execute a promissory note
January 5, 1984
Mr. Jim Wilson
City of Aspen Building Department
130 S. Galena Street
Aspen, CO 81611
RE: Stipulated Requirements from the Statement of Exception
for Condominiumization of The Aspen
Dear Jim:
Attached to this letter is Section 4 taken from the Statement of
Exception for condominiumization of The Aspen. Section 4 stipulates
that certain fire, health and safety improvements must be made prior to
the closing of the sale of any unit in the project. I have discussed
these items with Patrick Hurley, supervisor on the job for Hunter
Construction. He has indicated to me that with the exception of items
C and D, each of the remaining items has been completed. It is my
understanding that a wall has been constructed to separate the boiler
room in .Lieu of the one hour fire -rated door with closer as is
indicated in the Statement of Exception (items C and D).
You will also note in Section 5 on the attached page that we are
obligated to spend a minimum of $125,000 in upgrading the project. I
think you will agree that this sum has been greatly exceeded, not only
in achieving the health and safety requirements but also in general
refurbishing of the lodge.
If the attached items have been completed to your satisfaction, I would
appreciate your signature below. I will forward copies of this letter
to both Paul Taddune and Jay Hammond to be retained in their files as
proof of the completion of these requirements.
Thank you for your cooperation in this matter.
Sincerely,
Rand Gold
im son Date
10.
4. The following fire, health and safety
improvE!ments must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
servicE!d by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room.
C. Provide a self closer on the door.
d. Each sleeping room must be provided -
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
swinging door not less than three feet (3'0") wide and six
feet, Eight inches (618") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (1210" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Code for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed within twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
condominium map, Applicant shall execute a promissory note
JA N 6 REt
A S P F, N AC:CON1MODAT1ONS
Mr. Jim Wil son
Building Department
City of Aspen
Aspen, CO 81611
January 4, 1984
HAND DELIVERED
Re: Applejack Lodge/East Half of Lot D, all of Lots E, F,
G, H and I, Block 45, City and Townsite of Aspen a.k.a.
311 West Main Street
Dear Mr. Wilson:
As required in the STATEMENT OF EXCEPTION for the above -refer-
enced property TOR Corporation was to suhmit plans and upgrade the
Lodge by a value of $125,000 pursuant to Paragraph 5 of that
Agreement. More than $200,000 has been spent on the required fire,
health and safety improvements.
Please call me if you need additional verification of this
amount. Note also that TOR Corporation has transferred all inter-
est in the Applejack to Aspen Accommodations, Inc.
Thank you very much.
Very truly yours,
Robert P. Morris
President
STATE OF COLORADO
o
ss yr,
COUNTY OF PITKIII ) ���� p�'ll`
The foregoing instrument was acknowledged before me this
day of January, 1984 by Robert P. Morris, President of
RPM/ds Aspen Accommodations, Inc.
My conmissionexpires 9/29/85
r
a e Stru har, Notary Public
P.O. Box 1553
Aspen, CO 81612
A COLORADO COR110RA'I ION
to I A1, ! D1 P \\ I 0 \',P N. c'()l c'RADO x 161 1 0 + 92 i
0
U
CITY OF ASPEN
130 sowth galena street
aspen Colorado 81611
r
an. 4
KSK
Here are original Statement of Exception and Condo Decs. for the Applejack,
approved as to form by the City Attorney, and the respective checks for
recording fees.
Please have the Mayor sign, then attest and hold for recording. The plats
are now in Engineering and all should be recorded together.
thanks,
CITY OF ASPEN ,&
MEMO FROM ALICE DAVIS
U
A
K&E 19 1154 dl!'
BOGEY
ALLEY LOCK 45
\ \ \\ \ II 1 I I I I
I
cn O
O O O O O
I
VOTICE According to Colorado law you must commence any legal action ^' �; M^ C. cased upon anv detect m th,s serve w thin ��. „o�.� ono..,,... .....� .._..
IDJD
0
O 5 10 20 -�o A0 50 FT
SALE, 1°= 10' —
3AE-515 OFBFAejW,- N7-5-0"II I °W Df-TNEEN �ELIOW FLA5T1C CAPS
Fi D AT -n-F- C( NEB OF LOT I ,AND ATT-IF_
°-OUTHWEST CANER Of 7HF EAST 112 Of LOT D, 115.
SURVE:L10K'5 CERTIFICATE
I, 0AWF-D F tzE5El2, HERE$9 CERTIM THATTHIS WFACCURATELI-j
DEPICTS A SURvE1I MADE" UNDER MLI .SUF�-+-NI510N Okj NWiCH
29 Igg3 OF LOT-) F F 6, H, I AND THE EAST 112 OF LOT D, CITt1
ANDTOWNSITE OFF A51�EN, PITKIN COUNTL1, COLORAPO.
-----------_------------ -
v E5 F.'FE5ER , L.S. `i 18A1
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 cerLhcatlon shown
hereon. Post Office Box 1730
Aspen, Colorado 81611
303 925 2688
aurveyea j.,.z-i. D-? I'n, JCS Hevlslons
Drafted 4495 jkI�
Title
TOPOGRAPHIC MAP OF LOTS E, F, G, H, I,
AND THE EAST 1/2 OF LOT D, BLOCK 45,
ASPEN, COLORADO
Job No 83.27
Client MORR 15
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VN%a - CC- 0-1 m MENEMMIWI
.Koch Townhouses Unit #1 " if a
�NaL�!5 -�'Ja3
IY r
MEMORANDUM
TO: City Attorney
City Engineering Department
Building Department
PLANNER: Alice Davis
RE: Koch Townhouses Unit #1 - Subdivision Exception
DATE: November 8, 1982
Attached please find an application submitted requesting approval of an
amended plat map for Koch Townhouses Unit #1.
Please look the application over and return your comments to the Planning
Office by Monday, November 22 as the item is scheduled to go before the
Aspen P & Z on Tuesday, December 7.
Thank you.
14"5
I ' B.I. BUILDING INSPECTION DFPARTAAFNT T:BT.TTnTT It' all
CITY OF ASPEN — COUNTY OF PITKIN[—], Q&QRADO
ADDRESS
OF JOB / / �i2iYYIt
M GENERAL
�C `�"' CONSTRUCTION
PERMIT
f WHEN SIGNED AND VALIDATED BY BUILDING INSPECTIO EPARTMENT THIS PERMIT AUTHORIZES THE WORK DESCRIBED BELOW.
CLASS OF WORK: ADDITION ALTERATION D REPAIR ❑ MOVE 13 WRECK O
OWNER
NAME % /'ONCE ADDRESS 6'
f PHONE
all
LICENSE LICENSE
�C
NAME (AS LICENSED) �CLASS
NUMBER
V
t
INSURANCE
H
ADDRESS PHONE
❑
Z
-
O
SUPERVISOR
U
1 FOR THIS JOB NAME
DATE CERTIFIED
LEGAL
_
DESCRIPTION LOT NO. BLOCK NO. Lj 3 ADDITION
SURVEY ATTACHED ❑ DESIGN ��
13Y ,� - �C% BY / hOM �oit/
A Llc.
PE No
_
AREA (S.F.) NO. TOTAL
J'HEI'GHT
OCCUPANCY
AT GRADE j�-�[' FET) �Q STORIES I UNITS
GROUP T DIV.
BASEMENT FIN SINGLE ATTACHED TOTAL
GARAGE
O DOUBLE DETACHED ROOMS
TYPE FIRE
CONSTR. ZONE
_UNFIN.
— _ —
�2
BC FIRST SIZE SPACING SPAN
AGEN4YZ(
AUTHeROW
TF `
4A *is.
Z GRADE. FLOOR
OBUILDING
EXTERIOR �� / �/
REVIEW
ZONING
FOOTING !" } 1 Ste' CEILING
Q SIZE c' Q
0 ----- '�
Z EXTERIOR CONC. ❑ `
N WALL
THICKNESS n TDROOF //// Q
O MAS'Y I2
PARKING
THICK ❑ CAISSONS
ROOFING
PUSLI ElAL
lGi lL
SLAB d GR. BEAMS
MATERIAL
ENGINEERING
MASONRY ABOVE a/� ABOVE ABOVE
THICKNESS 1ST FLR. 2ND FLR.
:XTERIO
L 3RD FLR.
STUD SIZE ABOVE ABOVE ABOVE
VALL
6 SPACE IST FLR. 2ND FLR. 3RD FLR.
REMARKS
In tc>
- -
NOTES TO APPLICANT:
-
FOR INSPECTIONS OR INFORMATION CALL 925- 7336
FOR ALL WORK DONE UNDER THIS PERMIT THE PERMITTEE ACCEPTS FULL RESPONSIBILITY FOR
COMPLIANCE WITH THE UNIFORM BUILDING CODE, THE COUNTY ZONING RESOLUTION
VALUATIO Q
OR CITY
ZONING ORDINANCE. AND ALL OTHER COUNTY RESOLUTIONS OR CITY ORDINANCES WHICHEVER
OF WORK
APPLIES.
� J
SEPARATE PERMITS MUST BE OBTAINED FOR ELECTRICAL, PLUMBING AND HEATING, SIGNS,
PLAN TOTAL FE
SWIMMING POOLS AND FENCES.
PERMIT EXPIRFS 60 DAYS FROM DATE ISSUED UNLESS WORK IS STARTED.
FILED T P
REQUIRED INSPECTIONS SHALL BE REQUESTED ONE WORKING DAY IN ADVANCE.
DOUBLE CHECK ❑
ALL FINAL INSPECTIONS SHALL BE MADE ON ALL ITEMS OF WORK BEFORE OCCUPANCY IS PERMITTED.
FEE ❑ CASH ❑
I
THIS BUILDING SHALL NOT BE OCCUPIED UNTIL A CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED. ElBUILDING
DEPARTMENT
PERMIT SUBJECTO REVOCATION OR SUSPENSTE>OR VIOLATIO OF ANY LAWS GOVERNING SAME.
SIGNATURE"
OF
4
APPLICANT: NA��- �Gi'� R��
APPROVAL BY 1 DATE
J
THIS FORM IS A RMIT ONLY DATE PERMIT NO. LICENSE RECEIPTS CLASS_ AMOUNT
WHEN VALIDATED HERE
)G
ANN
INSPECTOR'S COPY
`
EXHIBIT ''B" •
CfTY OF ASPEN******************
130 south galena street
aspen, Colorado 81611
*
t
*
*
CERTIFICATE OF OCCUPANCY
x City of Aspen, Colorado
DATE: Tray 11, 1977 LOT R & S
#
BLOCK 53
*
*
ADDITION
#
This is to Certify that a certain structure located
at 211 S. Ist.
,*f
*
and OWNED by Tyrone Thompson
s
erected under BUILDING PERMIT NO. 333-70 ,197 5, complies
with the requirements of the UNIFORM BUILDING CODE, 19 72'
*
Edition.
,*f
*
Occupancy Group I
Type Construction
Fire Zone 3
*
COvMNTS AND RESTRICTIONS:
*
Signed: t=1`✓"� ��
*
Clayton H. Meyring
Chief Building Inspector
M
N
Ms. Alice Davis,
1 November 1982
Page two
(6) approval of the proposed change in the plat map by the City
Engineering Department;
(7) submission of mylar copies of a final amended plat map for Koch
Townhouses together with the appropriate filing fee to the Clerk and Recorder.
I would like to provide some background for the benefit of all concerned. The
Koch Townhouses were created in 1971 when Robert G. Stevens filed the
Condominium Declarations for the Koch Townhouses (Book 255, Page 684). A
statement of exemption from the definition of subdivision was not required in
those days. In 1976 a building permit was obtained for the construction of a
garage, see attached Exhibit "A". Upon completion of the garage a certificate
of occupancy was issued, see attached Exhibit "B". The plat map was never
amended to show this change and this application is to accomplish this goal as
quickly as possible. The Condominium Declaration will be amended as necessary.
The plat map requires amendment to show the garage constructed in 1976-1977,
and it is proposed that it be amended consistent with the proposed amended plat
map submitted herewith.
Pursuant to §20-19, it is respectfully requested that an exception is
appropriate for the following reasons: (1) to deny the exception would deprive
the applicant of the reasonable use of his land, e.g., he has constructed a
garage with the then in effect codes and requirements; (2) the exception is
necessary for the preservation and enjoyment of the substantial property right
of the applicant, e.g., continued rights and benefits of ownership of the
garage (3) the granting of the exception will not be detrimental of the public
welfare or injurious to other property in the area which the subject property
is situated.
Note that the application only deals with the addition of a garage and in no
way affects the character of occupancy.
Please review this application as appropriate and promptly request any
additional information you may require.
I remain at your disposal and will work in cooperation with your office as
necessary to expedite my client's obtaining the necessary approvals.
Sincer ly,
Gary .Wright
GAW/vs
Enclosures
cc: Tyrone A. Thompson
Michael J. Fitzgerald
Richard A. Cohen
Richard P. Fitzgerald
• •
••
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
MEMORANDUM
TO: Alice Davis, Planning Department
FROM: Jay Hammond, Engineering Department
DATE: November 26, 1982
RE: Koch Townhouses Unit #1 Amended Plat
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments:
1. The title of the amended plat should include a reference
to the book and page of the original condominium plat being amended.
Note should be made that all aspects of the original plat not
altered by this amendment remain in effect.
2. The amended plat should clearly indicate what is being
added to the existing units.
3. Indicate whether the garage is a part of unit one or a
limited common element to other units on the property.
4. Show approximate location of additional structure on lots
R and S.
5. Indicate the status of the lot as a general or limited
common element.
6. Indicate whether the survey monuments found on the property
have a Land Surveyor's number on them.
7. Show all existing curb and gutter as well as sidewalk
adjacent to the property.
8. Include certificates and signature blocks for the following:
a. City Engineer
b. Aspen Planning and Zoning Commission
C. City Council with signature by the Mayor and attested by
the City Clerk
We would be willing to work with the surveyor in revising the plat.
.
437
p
CM.)�r
Pv
�V
�nK �'ACE2
_
o
—{ cil
N
rn if
n�
STATEMENT OF EXCEPTION
_m
FROM THE FULL SUBDIVI910Nrn � rn
PROCESS TO AMEND
A CONDOMINIUM PLAT
"
z
WHEREAS, KOCH TOWNHOUSES,
Unit #1, (hereinafter
"Applicant")
is the owner of a parcel of real property (and the improvements
thereon) situate in the City of Aspen, Pitkin County, Colorado,
more particularly described as follows:
Lots R and S, Block 53
also known as Koch Townhouses, Unit #1
211 South First Street
Aspen, Colorado
WHEREAS, Applicant has requested an exception from the full
subdivision process for the purpose of amending a previously -approved
condominium plat purusant to Section 20-19, Aspen Municipal Code,
as amended; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting of December 7, 1982, determined that such exception would
be appropriate and recommended that the same be granted, subject,
however, to certain conditions; and
WHEREAS, the City Council determined at its meeting of
December 13, 1982, that such exception was appropriate and granted
the same subject, however, to certain conditions;
NOW, THEREFORE, the City Council of Aspen, Colorado does
determine that the owner's application for exception from the full
subdivision process for the above -stated is proper because the
owner's proposed amendment to a condominium plat is not within the
intents and purposes of the subdivision ordinance and hereby
grants, for such reason, an exception from the full subdivision
process.
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon the Applicant's strict compliance for itself and
its successors and assigns with all binding conditions of
approval on this matter set by the Planning and Zoning Commission
and/or the City Council.
DATED this 14th day of December 1982.
HERMAN EDEL, Mayor
�J
APPROVED AS TO FORM:
IftT. IODW.Q .
PAUL J. TADDUNE,
City Attorney
to
KOK437 wr6267
I, KATHRYN S. KOCH, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process to amend
a Condominium Plat was considered and approved by the Aspen City
Council at its regular meeting held December 13, 1982, at which
time the Mayor, HERMAN EDEL, was authorized to execute the same
on behalf of the City of Aspen.
S BA El(
KATHRYN S. O H, City Clerk
MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Koch Townhouses, Unit #1 - Subdivision Exception
DATE: December 13, 1982 APPROVED AS TO FORM:
Location: 211 South First Street (Lots R and S, Block 53)
Zoning: R-6
Applicant's
Request: The applicant is requesting the approval of a minor amendment
to the Koch Townhouses condominium plat pursuant to Section 20-21
of the Code - Resubdivision and Engineering errors. The applicant
constructed a new garage in 1976 and is now requesting approval
for an amendment to add this garage to his condominium plat.
Planning Office
Review: The garage in question was constructed in 1976, therefore all
area and bulk requirements had to be met prior to the issuancE? of
a building permit. The garage is 360 square feet and is under the
new 600 square foot FAR exemption for garages adopted through
OrdinancEI 11. The applicant is requesting approval to the amended
condominium plat in order to satisfy the requirements of his title
insurance company prior to the sale of the unit.
The Planning Office feels that minor condominium plat amendments
such as this could very easily be handled at staff level. Minor
changes are often never recorded on condominium plats due to the
stringent amendment process which requires P&Z review and Council
approval and a $475.00 application fee. Most applicants do not
file for minor amendment approval unless it is required by a title
company at the time of sale. The Planning Office recommends that
the Code be changed to allow the Engineering Department and Building
Department to approve minor plat changes which are needed due to
expansions or improvements which are constructed by right and
therefore require no approval besides the issuance of a building
permit or a certificate of occupancy.
Referral
Comments: The Attorney's Office had no comment on the application. The
Engineering Department stated that the following changes to the
amended condominium plat were needed:
1) The title of the amended plat should include a reference to the
book and page of the original condominium plat being amended. A
note should be made on the amended plat that all aspects of the
original plat not altered by this amendment remain in effect.
2) The amended plat should clearly indicate what is being addE,d to
the existing units.
3) The plat should indicate whether the garage is a part of Unit
1 or a limited common element to other units on the property.
4) The plat should also a) show approximate location of additional
structure on lots R and S; b) indicate the status of the lot as a
general or limited common element; c) indicate whether the survey
monuments found on the property have a Land Surveyor's number on
them; d) show all existing curb and gutter as well as sidewalk.
adjacent to the property; and e) include certificates and sigrature
blocks for the following:
W
r
Memo: Koch Townhouses Unit #1
December 13, 1982
Page Two
1. City Engineer
2. Aspen Planning and
3. City Council with
by the City Clerk
Zoning Commission
signature by the Mayor and attested
P&Z and
Planning Office
Recommendation:
The Planning and Zoning Commission and Planning Office recommend
the approval of the requested amendment to the Koch Townhouses,
Unit #1 condominium plat for the addition of a garage. Approval
is subject to the applicant making the plat changes recommended
by the Engineering Department, which are listed in the December 7,
1982 Planning Office memorandum.
Council
Action: "I move to grant subdivision exception to the Koch Townhouses,
Unit #1, subject to the following conditions:
1) The title of the amended plat should include a reference to the
book and page of the original condominium plat being amended. A
note should be made on the amended plat that all aspects of the
original plat not altered by this amendment remain in effect.
2) The amended plat should clearly indicate what is being added
to the existing units.
3) The plat should indicate whether the garage is a part of Unit
#1 or a limited common element to other units on the property.
4) The plat should also a) show approximate location of additional
structure on lots R and S; b) indicate the status of the lot as a
general or limited common element; c) indicate whether the survey
monuments found on the property have a Lnad Surveyor's number on
them; d) show all existing curb and gutter as well as sidewalk
adjacent to the property; and e) include certificates and signature
blocks for the following:
1. City Engineer
2. Aspen Planning and Zoning Commission
3. City Council with signature by the Mayor and attested
by the City Clerk"
ft so
MEMORANDUM
TO: Aspen City Council
FROM: Alice Davis, Planning Office
RE: Koch Townhouses, Unit #1 - Subdivision Exception
DATE: December 13, 1982 APPROVED AS TO FORM:
Location: 211 South First Street (Lots R and S, Block 53)
Zoning: R-6
Applicant's
Request: The applicant is requesting the approval of a minor amendment
to the Koch Townhouses condominium plat pursuant to Section 20-21
of the Code - Resubdivision and Engineering errors. The applicant
constructed a new garage in 1976 and is now requesting approval
for an amendment to add this garage to his condominium plat.
Planning Office
Review: The garage in question was constructed in 1976, therefore all
area and bulk requirements had to be met prior to the issuance of
a building permit. The garage is 360 square feet and is under the
new 600 square foot FAR exemption for garages adopted through
Ordinance 11. The applicant is requesting approval to the amended
condominium plat in order to satisfy the requirements of his title
insurance company prior to the sale of the unit.
The Planning Office feels that minor condominium plat amendments
such as this could very easily be handled at staff level. Minor
changes are often never recorded on condominium plats due to the
stringent amendment process which requires P&Z review and Council
approval and a $475.00 application fee. Most applicants do not
file for minor amendment approval unless it is required by a title
company at the time of sale. The Planning Office recommends that
the Code be changed to allow the Engineering Department and Building
Department to approve minor plat changes which are needed due to
expansions or improvements which are constructed by right and
therefore require no approval besides the issuance of a building
permit or a certificate of occupancy.
Referral
Comments: The Attorney's Office had no comment on the application. The
Engineering Department stated that the following changes to the
amended condominium plat were needed:
1) The title of the amended plat should include a reference to the
book and page of the original condominium plat being amended. A
note should be made on the amended plat that all aspects of the
original plat not altered by this amendment remain in effect.
2) The amended plat should clearly indicate what is being added to
the existing units.
3) The plat should indicate whether the garage is a part of Unit
1 or a limited common element to other units on the property.
4) The plat should also a) show approximate location of additional
structure on lots R and S; b) indicate the status of the lot a's a
general or limited common element; c) indicate whether the survey
monuments found on the property have a Land Surveyor's number on
them; d) show all existing curb and gutter as well as sidewalk
adjacent to the property; and e) include certificates and signature
blocks for the following:
Lei
Memo: Koch Townhouses Unit #1
December 13, 1982
Page Two
1. City Engineer
2. Aspen Planning and
3. City Council with
by the City Clerk
Zoning Commission
signature by the Mayor and attested
P&Z and
Planning Office
Recommendation:
The Planning and Zoning Commission and Planning Office recommend
the approval of the requested amendment to the Koch Townhouses,
Unit #1 condominium plat for the addition of a garage. Approval
is subject to the applicant making the plat changes recommended
by the Engineering Department, which are listed in the December 7,
1982 Planning Office memorandum.
Council
Action: "I move to grant subdivision exception to the Koch Townhouses,
Unit #1, subject to the following conditions:
1) The title of the amended plat should include a reference to the
book and page of the original condominium plat being amended. A
note should be made on the amended plat that all aspects of the
original plat not altered by this amendment remain in effect.
2) The amended plat should clearly indicate what is being added
to the existing units.
3) The plat should indicate whether the garage is a part of Unit
#1 or a limited common element to other units on the property.
4) The plat should also a) show approximate location of additional
structure on lots R and S; b) indicate the status of the lot as a
general or limited common element; c) indicate whether the survey
monuments found on the property have a Lnad Surveyor's number on
them; d) show all existing curb and gutter as well as sidewalk
adjacent to the property; and e) include certificates and signature
blocks for the following:
1. City Engineer
2. Aspen Planning and Zoning Commission
3. City Council with signature by the Mayor and attested
by the City Clerk"
N
r
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Alice Davis, Planning Office
RE: Koch Townhouses, Unit #1 - Subdivision Exception
DATE: December 7, 1982
Location: 211 South First Street (Lots R and S, Block 53)
Zoning: R-6
Applicant's
Request: The applicant is requesting the approval of a minor amendment
to the Koch Townhouses condominium plat pursuant to Section 20-
21 of the Code - Resubdivision and Engineering errors. The
applicant constructed a new garage in 1976 and is now requesting
approval for an amendment to add this garage to his condominium
plat.
Planning Office
Review: The garage in question was constructed in 1976, therefore all
area and bulk requirements had to be met prior to the issuance
of a building permit. The garage is 360 square feet and is
under the new 600 square foot FAR exemption for garages adopted
through Ordinance 11. The applicant is requesting approval to
the amended condominium plat in order to satisfy the require-
ments of his title insurance company prior to the sale of the
unit.
The Planning Office feels that minor condominium plat amendments
such as this could very easily be handled at staff level. Minor
changes are often never recorded on condominium plats due to the
stringent amendment process which requires P&Z review and Council
approval and a $475.00 application fee. Most applicants do not
file for minor amendment approval unless it is required by a
title company at the time of sale. The Planning Office recom-
mends that the Code be changed to allow the Engineering Department
and Building Department to approve minor plat changes which are
needed due to expansions or improvements which are constructed
by right and therefore require no approval besides the issuance
of a building permit or a certificate of occupancy.
Referral
Comments: The Attorney s Office had no comment on the application. The
Engineering Department stated that the following changes to the
amended condominium plat were needed:
1) The title of the amended plat should include a reference to
the book and page of the original condominium plat being amended.
A note should be made on the amended plat that all aspects of
the original plat not altered by this amendment remain in effect.
2) The amended plat should clearly indicate what is being added
to the existing units.
3) The plat should indicate whether the garage is a part of Unit
1 or a limited common element to other units on the property.
L� The plat should also a) show approximate location of additional
structure on lots R and S; b) indicate the status of the lot as
a general or limited common element; c) indicate whether the
survey monuments found on the property have a Land Surveyor's
number on them; d) show all existing curb and gutter as well as
sidewalk adjacent to the property; and e) include certificates
and signature blocks for the following:
N
Memo: Koch Townhouses Unit #1
December 7, 1982
Page Two
Planning Office
Recommendation:
1. City Engineer
2. Aspen Planning and
3. City Council with
by the City Clerk
Zoning Commission
signature by the Mayor and attested
The Planning Office recommends the approval of the requested
amendment to the Koch Townhouses, Unit #1 condominium plat for
the addition of a garage. Approval is subject to the applicant
making the plat changes recommended by the Engineering Department.
UAIFE TITLE INSURANCE Company of Dallas
kommarnent -_ - 4b - -_
for Title Insurance
LD
USLIFE Title Insurance Company of Dallas herein l a,;ed the Company for v:ri,i,rhlu consideration, hereby commits to issue its policy or policies
of title insurance. as identified to Schedule A in favor of the pruposed Irnuierl 11.1lned on Schedule A. as owner or mortgagee of the estate or
interest covered hereby in the land described ur referred to ,n Schedule A ut,or, payment of the premiums and charges therefor: all subject to
the provisions of Schedules A ,rod G and to the Conditions and Stipulation•, h,•reof
This Commitment shall be effective only when the identity of the proposed lntiured and the amount of the policy or policies committed for have
been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preiiminary to the issuance of such policy or policies of hue insurance and all liability and obligations hereunder shall cease
and terminate six (6) months after the effective date hereof or when the po!,cy or pohc,es committed for shall issue, whichever first occurs,
provided that the failure to issoo •,ueh policy or pol,cnr; is nut the faun of Ow Company This Commitment shall not be valid or binding until
countersigned by an authorized uttil er or agent
Schedule A ASPEN TITLE COMPANY, LTD
t Llle<.tn•c et,i,e July 26, 1982 at 8:00 AM c.vw N„ A82-249 Inquiries directed to. 9.25 4444
2 Policy or pt,hr ,is tr, t, ,ti`,u, .l
A AtTa ch•.i:,•i •. 11„1„ v 1'",r„ . ,,.., ,I Ali,„.... 1 72, 500. 00 Premil.m s 494, 75 _-_- ----
LEONARD SNYDER AND ANDREA SNYDER Tax Certificate 5.00
B At TA t u,w I'„ ,. , 1•.,.I. , , ,j I , . , n:,„ ,,,,,
Pnvn,um ;
C. A ,,,'r Pri'nl,lirll J
3 the relate or inwwtt nt it... ' u,d llrsriih,•d ,,, ,•!,•n,•,.I it, in th,•; i, nvn tiw nt „ icl covered hereto is fee simple and title thereto is
at the effel hoe date hereof vest-1 ,n
TYRON AUSTIN THOMPSON a/k/a TYRONE AUSTIN THOMPSON
4 The land referred to in this , ornrrionient is dex.nhed is fuliows
Condominium Unit 1
KOCH TOWNHOUSES CONDOMINIUMS
according to the Condominium Map thereof filed for record in Plat Book 4 at
Pages 202-203 and as defined and described in that Condominium Declaration
for Koch Townhouses Condominiums recorded in Book 255 at Page 684.
Pitkin County, Colorado
Schedule B—Sechun 1 Ro(lotwnu•nLs
The I„Ilowollu are the reltunanu nr• h, be l onlphetl with
Itern (a) Payment to of fur tho it, count of the grantors ,,, nwrtyagors of the full i owideratiun for the estate or interest to be insured.
Item (b) Proper ,nstrurnuntlsl < u•.mny the estato of ultorest lu be insured must he executed and duly filed for record, to -wit:
(1) Release by the Public Trustee of Pitkin County, Colorado, of Deed of Trust
from Tyron Austin Thompson a/k/a Tyrone Austin Thompson for the use of The
Bank_of Aspen to secure $45,233.05 dated February 1, 1980, recorded February 5,
1980 in Book 383 at Page 186.
(2) Deed from Tyron Austin Thompson a/k/a Tyrone Austin Thompson vesting fee
simple title in Leonard Snyder and Andrea Snyder.
OTHER REQUIREMENTS NOT TO BE RECORDED
(1) Certificate from the Condominium Association evidencing that all fees and
expenses currently due and payable have been paid in full and are not delinquent.
(2) Evidence of compliance with the provisiuns of the Real Estate Transfer Tax,
Ordinance No. 20 (Series of 1979).
-.
-� "„o-0,it•"i. I,1,i ,,U;AHANTY c,1MP,1r„ FoilM 1051C01 IOM1077H
Schedule B—Section 2 Excepti Street Address of Proper
The policy or policies to be issu will contain exceptions to the following unless the same are disposed of to the satisfaction of the
Company:
1 . Rights or claims of parties in possession not %hewn by the public records
2. Easements, or claims of easements, not shown by the public records
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments. and any facts which a correct survey and inspection of
the premises would disclose and which are not shown by the public records
4. Any lien, or right to a lien. for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the
public records.
5. Defects, fiens. encumbrances. adverse claims or other matters, if any, created first appearing in the public records or attaching subsequent
to the effective date hereof but prior to the d.nc file proposed insured acquit es of record for value the estate or interest or mortgage
thereon covered by this Commitment
Exceptions numbered _ —0— are hereby omitted
'6. Taxes due and payable: any unpaid taxes and assessments and any and all tax sales
;which have not been properly redeemed or cancelled. Tax Certificate ordered, not
yet received by Company.
7. Terms, conditions, obligations, easements and restrictions as contained in
Condominium Declaration for Koch Townhouses Condominiums, recorded June 3, 1971
in Book 255 at Page 684.
8. Terms, conditions and obligations as set forth in Articles of Incorporation for
The Koch Townhouses Condominiums Association, filed in the office of the Clerk and
Recorder of Pitkin County, Colorado, on March 18, 1971.
9. Deed of Trust from Tyrone Austin Thompson to the Public Trustee of Pitkin County,
Colorado, for the use of Sun Savings and Loan Association to secure $100,000.00
dated July 27, 1979, recorded July 30, 1979 in Book 373 at Page 354.
NOTE: A check may be made with the lender concerning possible limitations in said
Deed of Trust on the right to transfer the property and assume the loan.
Cuodnrons and Stipulations
1 The term nuutgage, whin uv•d herein, shall inrludc deed of Iruol. trust deed or other security instrument.
2 If the proposed Insured has or acquires aehe,rl knowledge of any defect, hen, encumbrance, adverse claim or other matter affecting
the estate or interest or moltg,ige thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to
disclose such knowledge to the Company in writing. the Comp.iny shall be relieved from liability for any loss or damage resulting from
any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured
shall disclose such knowledge ki the Company, or if the Company otherwrsn acqunes actual knowledge of any such defect, hen, encumbrance,
adverse chum or other mailer, chi Company at its option may amend Sr hedule 6 of this Commitment accordingly, but such amendment
shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the
definition of Insured in the form of policy or policies cornmitted for and only for actual loss incurred in reliance hereon in undertaking
in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create
the estate of interest or mortgage thereon covered by this Commitment In no event shall such liability exceed the amount stated in SchtJule
A for the policy or policies communed for and such liability rs subject to the insuring provisions, exclusion from coverage, and the Conditions
and Supulabons of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Cummitment except as expressly modified heaein
4 Any claim of loss or damage. whether or not based on negligence. and which arises out of the status of the title to the estate or
interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and
conditions and stipulations of this commitment.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countenignrsd by
an authorized officer or agent of the Company, all in accordance with its Ily l.rws. This Commitment is effective as of the date shown
,j in Schedule A as ''Effective Date
14EA1, USLIFFE Title Insurance Company of Dallas
Pr•s,denf 6 CA.eI [gcun.e 011,r. e,
Aneu [.ecur,re V,ce P,ea,elsnr S.mil l,eaw.n
AAo�ed SgSPEN TITLE COMPANY,
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 - 63721 - 47331 - 52100
63722 47332
63723 47333
63724 - 47341
63725 - 47342
63726 47343
63727 47350
63728 47350
63729 47360
County
00113 - 63711
47331
63712
47332
63713
47333
63714
47341
63715
47342
63716
47343
63717
47350
63718
47350
63719
47360
PLANNING OFFICE SALES
52100
52100
52100
52100
52100
52100
52100
52100
52200
52200
52200
52200
52200
52200
52200
52200
52200
00113 - 63061
- 09100
52200
63063
09100
52200
63062
09100
52300
63066
09100
52300
63069
09100
GMP/CONCEPTUAL
GMP/PRELIMINARY
GMP/FINAL
SUB/CONCEPTUAL
SUB/PRELIMINARY
SUB/FINAL
EXCEPT/EXEMPTION
REZONING
SPECIAL REVIEW
SUB -TOTAL
GMP/GENERAL
GMP/PRELIMINARY
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
SPECIAL REVIEW
REZONING
SPECIAL APPROVAL
SUB -TOTAL
COUNTY CODE
ALMANAC
GMP
COPY FEES
OTHER
SUBTOTAL
TOTAL
Name: Phone:
Address:Project:
Check No. Date:
Additional Billinq: No. of Hours:
50RVEY ORIENTED WITH FOUND MONUMENTS
FROM PR>=VIOUS SURVEYS
CALL IN ( ) RECORD
+ FOUND OR.SET ROUNO-HEAD OR NL"" -
O GA5 METER
TREE IN GONG. PLANTER
1=0UND :,5 RV -BAR W1T1-\ CAD TRI - GO 'Zi1B4
ELEVATIONS C3ASED ON 1q-IS CITY OF ASPEN
AERIAL.- SURV T B. M. OF
5 SEWEP LINE
e4, G4N5 LINE LOCATED IN ALLEY
x�MF
❑ UTILITI' F3OX
FLOW LINE ELEV-1q0e"
5 S
ELEV 1915 L I
•N
V.-1914.Q
5
PLOW LINE ELEV•-1c109 ±�S
— S
S S 5
ALLEY BLOCK cI 4
\" W \So so) moo. IZ
ELEV CON
-7915 z PARKING
q.o
.2
BANK ADD/7-/0N
NOT PART OF
OR/G/NAG SURVEY
1.5
i
I CHEAP SHOTS
BU/LD/ r, REMOVED
6U/GD/LAG REMOVED
/ST FLOOR 1236.62
STORY W� BASE MENT
2533.4
>ST FLOOR /9f9. d2
QND FLOOR 1149. /9
BRICK BL-IIL.DING Q
.
Q/ND FLOOR /34/. -41
288G.0f
0
>
co
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CD
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I
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NOTE FLOOR AREAS
PROV/DeD
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I
TOTAL. AREA
FIRST FLOOR Ot-'
I 6
15,050t SQ.FT.
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30.5
I
0 `
ELEV
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I ELEV. 7G25Q
�
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1
c.LEv
18" 1gIG GZ
I
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S9
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FIR
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(5�5 Oq'IiE. 15a50 )
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LOTS O, P,0, R, AND S, BLDCK 94 GITY 01= /ASPEN,
PITKIN CO. COLORADO
BY
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P.O BOX 250�0 ASPEI-I GOLD.
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