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HomeMy WebLinkAboutcoa.lu.gm.210 E Hyman Ave.A12-92GOODING GMQS EXEMPT & CONDO AMDN 2737-073-37-072/74 Al2-92 ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303)920-5090 LAND USE APPLICATION FEES City 00113 -63250-134 GMP/CONCEPTUAL -63270-136 GMP/FINAL -63280-137 SUB/CONCEPTUAL -63300-139 SUB/FINAL -63310-140 ALL 2-STEP APPLICATIONS -63320-141 ALL 1-STEP APPLICATIONS/ CONSENT AGENDA ITEMS REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00115 -63340-163 ENGINEERING SUBTOTAL County 00113 -63160-126 GMP/GENERAL -63170-127 GMP/DETAILED -63180-128 GMP/FINAL -63190-129 SUB/GENERAL -63200-130 SUB/DETAILED -63210-131 SUB/FINAL -63220-132 ALL 2-STEP APPLICATIONS -63230-133 ALL 1-STEP APPLICATIONS CONSENT AGENDA ITEMS -63450-146 BOARD OF ADJUSTMENT REFERRAL FEES: 00125 -63340-205 ENVIRONMENTAL HEALTH 00123 -63340-190 HOUSING 00113 -63360-143 ENGINEERING PLANNING OFFICE SALES 00113 -63080-122 CITY/COUNTY CODE -63090-123 COMP. PLAN -63140-124 COPY FEES -69000-145 OTHER SUBTOTAL TOTAL Name: Phone: Address: Project: Ck i y C' V11 Check # , Date: 1-�- Copies received: # of Hours: �� CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 2/18/92 PARCEL ID AND CASE NO. DATE COMPLETE: )-/;r 2737-073-37-072/074 Al2-92 STAFF MEMBER:- KJ PROJECT NAME: Goodin � GMOS Exemption & Condo. Ma Amendment r r � Project Address: Units 201 & 202, Park Central West Condos Legal Address: 210 E. Hyman Avenue, Aspen APPLICANT: Richard Gooding (303) 572-6006 Applicant Address: 1200 17th Street, Suite 2660, Denver 80202 REPRESENTATIVE: Sunny Vann Representative Address/Phone: 230 East Hopkins Avenue Aspen, CO 81611 925-6958 -------------------------------------------------------------- -------------------------------------------------------------- PAID:(YES) NO AMOUNT: $1976 NO. OF COPIES RECEIVED 3/3 TYPE OF APPLICATION: 1 STEP: 2 STEP: X P&Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO / CC Meeting Date 2 PUBLIC HEARING: YES/, NOS z�t4p VESTED RIGHTS: YES NO ' Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: City Attorney �- City Engineer Housing Dir. Aspen Water City Electric Envir.Hlth. Aspen Con.S.D. Mtn Bell Parks Dept. Holy Cross Fire Marshall Building Inspector Roaring Fork Energy Center School District Rocky Mtn NatGas State HwyDept(GW) State HwyDept(GJ) Others/ DATE REFERRED: INITIALS: ----------------- FINAL ROUTING: DATE ROUTED: 'o d �� INITIAL: City Atty CiZty Engineer Zoning Env. Health Housing the: `'► FILE STATUS AND LOCATION: C ��L r RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION ( FOR THE APPROVAL OF THE GOODING CHANGE IN USE FROM TWO COMMERCIAL OFFICE CONDOMINIUMS TO ONE FREE MARKET RESIDENCE LOCATED WITHIN THE PARK CENTRAL WEST CONDOMINIUMS AT 210 E. HYMAN AVENUE, UNITS 201 AND 202 (LOTS K,L,M,N AND O, BLOCK 75, TOWNSITE OF ASPEN) Resolution No. 92- 3 WHEREAS, Richard Gooding submitted an application to the Planning Office to change the use of a two commercial office condominiums to one two -bedroom free market residential unit; and WHEREAS, the Engineering Department reviewed the application and submitted comments to the Planning Office; and WHEREAS, the Planning Office reviewed the application and referral comments pursuant to review criteria in Section 8-104 B. and recommended approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That it does hereby approve the Gooding Change in Use to convert two commercial office spaces (Units 201 and 202 of Park Central West Condominiums) into one two -bedroom residential unit with conditions as follows: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) The condominium covenants/declarations shall be revised to indicate the physical and functional changes of the units and the six month minimum lease requirements of the (0) Office zone district. 3) A Subdivision Exemption Agreement shall be filed upon approval by the Planning office and City Attorney. 4) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission with a 6-0 vote at its regular meeting on April 7, 1992. Jasmine Tygre, Chair an Carne , Asst. City Clerk RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION ( FOR THE APPROVAL OF THE GOODING CHANGE IN USE FROM TWO COMMERCIAL OFFICE CONDOMINIUMS TO ONE FREE MARKET RESIDENCE LOCATED WITHIN THE PARK CENTRAL WEST CONDOMINIUMS AT 210 E. HYMAN AVENUE, UNITS 201 AND 202 (LOTS K,L,M,N AND O, BLOCK 75, TOWNSITE OF ASPEN) Resolution No. 92- 3 WHEREAS, Richard Gooding submitted an application to the Planning Office to change the use of a two commercial office condominiums to one two -bedroom free market residential. unit; and WHEREAS, the Engineering Department reviewed the application and submitted comments to the Planning Office; and WHEREAS, the Planning Office reviewed the application and referral comments pursuant to review criteria in Section 8-104 B. and recommended approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That it does hereby approve the Gooding Change in Use to convert two commercial office spaces (Units 201 and 202 of Park Central West Condominiums) into one two -bedroom residential unit with conditions as follows: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) The condominium covenants/declarations shall be revised to indicate the physical and functional changes of the units and the six month minimum lease requirements of the (0) Office zone district. 3) A Subdivision Exemption Agreement shall be filed upon approval by the Planning Office and City Attorney. 4) All material representations made by the applicant in the application and during. public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission with a 6-0 vote at its regular meeting on April 7, 1992. _ L Jasmine Tygre, Chair `' Jan Carne , Asst. City Clerk 0 9 MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directorlqf� FROM: Kim Johnson, Planner DATE: May 26, 1992 RE: Gooding Vested Rights for Growth Management Exemption for Change -in -Use, Second Reading of Ordinance 32, Series 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends second reading of Ordinance 32, Series 1992 to vest the Change -in -Use development approval granted by the Planning and Zoning Commission. First Reading was held on April 27, 1992. BACKGROUND: On April 7, 1992 the Aspen Planning and Zoning Commission approved with conditions a Growth Management Exemption for the Change -in -Use of two commercial office spaces to one residential space. Commission Resolution No.92-3 documents the approvals. Representative Sunny Vann has requested vested rights for the approval actions. Pursuant to Section 6-207, vesting of property rights requires a Vested Rights Ordinance and two readings before Council. RECOMMENDATION: The Planning Staff recommends that the City Council approve the Gooding Change -in -Use Vested Rights and have second reading of Ordinance 32, Series 1992. PROPOSED MOTION: "I move to approve Vested Development Rights for the Gooding Change -in -Use." "I move to have second reading of Ordinance 32, Series 1992." CITY MANAGER COMMENTS: Attachments - Ordinance 32, Series 1992 P&Z Resolution 92-3 1 1«' MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directory FROM: Kim Johnson, Planner DATE: May 26, 1992 RE: Gooding Vested Rights for Growth Management Exemption for Change -in -Use, Second Reading of Ordinance 32, Series 1992 ----------------------------------------------------------------- ----------------------------------------------------------------- SUMMARY: The Planning Office recommends second reading of Ordinance 32, Series 1992 to vest the Change -in -Use development approval granted by the Planning and Zoning Commission. First Reading was held on April 27, 1992. BACKGROUND: On April 7, 1992 the Aspen Planning and Zoning Commission approved with conditions a Growth Management Exemption for the Change -in -Use of two commercial office spaces to one residential space. Commission Resolution No.92-3 documents the approvals. Representative Sunny Vann has requested vested rights for the approval actions. Pursuant to Section 6-207, vesting of property rights requires a Vested Rights Ordinance and two readings before Council. RECOMMENDATION: The Planning Staff recommends that the City Council approve the Gooding Change -in -Use Vested Rights and have second reading of Ordinance 32, Series 1992. PROPOSED MOTION: "I move to approve Vested Development Rights for the Gooding Change -in -Use." "I move to have second reading of Ordinance 32, Series 1992." CITY MANAGER COMMENTS: Attachments - Ordinance 32, Series 1992 P&Z Resolution 92-3 1 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION f FOR THE APPROVAL OF THE GOODING CHANGE IN USE FROM TWO COMMERCIAL OFFICE CONDOMINIUMS TO ONE FREE MARKET RESIDENCE LOCATED WITHIN THE PARK CENTRAL WEST CONDOMINIUMS AT 210 E. HYMAN AVENUE, UNITS 201 AND 202 (LOTS K,L,M,N AND O, BLOCK 75, TOWNSITE OF ASPEN) Resolution No. 92- 3 WHEREAS, Richard Gooding submitted an application to the Planning Office to change the use of a two commercial office condominiums to one two -bedroom free market residential unit; and WHEREAS, the Engineering Department reviewed the application and submitted comments to the Planning Office; and WHEREAS, the Planning Office reviewed the application and referral comments pursuant to review criteria in Section 8-104 B. and recommended approval with conditions. NOW, THEREFORE BE IT RESOLVED by the Commission: That it does hereby approve the Gooding Change in Use to convert two commercial office spaces (Units 201 and 202 of Park Central West Condominiums) into one two -bedroom residential unit with conditions as follows: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) The condominium covenants/declarations shall be revised to indicate the physical and functional changes of the units and the six month minimum lease requirements of the (0) Office zone district. 3) A Subdivision Exemption Agreement shall be filed upon approval by the Planning Office and City Attorney. 4) All material representations made by the applicant in the application and during_ public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. APPROVED by the Commission with a 6-0 vote at its regular meeting on April 7, 1992. Jasmine Tygre, Chair `-' Jan Carne , Asst. City Clerk MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager,'' THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planner DATE: April 27, 1992 RE: Gooding Vested Rights for Growth Management Exemption for Change -in -Use, First Reading of Ordinance # Series 1992 SUMMARY: The Planning Office recommends first reading of Ordinance # Series 1992 to vest the Change -in -Use development approval granted by the Planning and Zoning Commission. BACKGROUND: On April 7, 1992 the Aspen Planning and Zoning Commission approved with conditions a Growth Management Exemption for the Change -in -Use of two commercial office spaces to one residential space. Commission Resolution No.92-3 documents the approvals. Representative Sunny Vann has requested vested rights for the approval actions. Pursuant to Section 6-207, vesting of property rights requires a Vested Rights Ordinance and two readings before Council. RECOMMENDATION: The Planning Staff recommends that the City Council approve the Gooding Change -in -Use Vested Rights and have first reading of Ordinance # 32, Series 1992. PROPOSED MOTION: I move to approve Vested Development Rights for the Gooding Change -in -Use and have first reading of Ordinance #3_Z, Series 1992. CITY MANAGER COMMENTS: Attachment - Ordinance #32-, Series 1992 E1_ MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planner DATE: April 27, 1992 RE: Gooding Vested Rights for Growth Management Exemption for Change -in -Use, First Reading of Ordinance # Series 1992 SUMMARY: The Planning Office recommends first reading of Ordinance # Series 1992 to vest the Change -in -Use development approval granted by the Planning and Zoning Commission. BACKGROUND: On April 7, 1992 the Aspen Planning and Zoning Commission approved with conditions a Growth Management Exemption for the Change -in -Use of two commercial office spaces to one residential space. Commission Resolution No.92-3 documents the approvals. Representative Sunny Vann has requested vested rights for the approval actions. Pursuant to Section 6-207, vesting of property rights requires a Vested Rights Ordinance and two readings before Council. RECOMMENDATION: The Planning Staff recommends that the City Council approve the Gooding Change -in -Use Vested Rights and have first reading of Ordinance # , Series 1992. PROPOSED MOTION: I move to approve Vested Development Rights for the Gooding Change -in -Use and have first reading of Ordinance Series 1992. CITY MANAGER COMMENTS: Attachment - Ordinance # , Series 1992 1 ORDINANCE (SERIES OF 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VESTING THE DEVELOPMENT RIGHTS FOR THE GOODING GMQS EXEMPTION FOR A CHANGE -IN -USE APPROVAL FOR THE CONVERSION OF TWO COMMERCIAL OFFICE UNITS INTO ONE FREE MARKET RESIDENTIAL UNIT WITHIN THE PARK CENTRAL WEST CONDOMINIUMS LOCATED AT 210 E. HYMAN, UNITS 201 AND 202 (BLOCK 75, LOTS K,L,M,N, AND O, TOWNSITE OF ASPEN) WHEREAS, Richard Gooding submitted to the Planning Office an application for Growth Management Exemption for a change -in -use of two commercial office units into one free mark?t residential unit; and WHEREAS, at a regular meeting on April 7, 1992, the Aspen Planning and Zoning Commission approved the change -in -use request with conditions; and WHEREAS, Planning and Zoning Commission Resolution 92-3 documents the conditions of approval; and WHEREAS, the applicants also requested Vested Rights for their approvals; and WHEREAS, pursuant to Section 24-6-207 of the Aspen Land Use Code revision date May 25, 1988, the City Council may grant Vesting of Development Rights for a period of three years. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-6-207 of the Municipal Code, City Council does hereby grant vested rights for the Gooding change -in -use as follows: 1 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. 2 6 0 0 Section 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes,. pertaining to the, following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3• That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. Section 4: A public hearing on the Ordinance shall be held on the day of , 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 1992. 3 John Bennett, Mayor ATTEST: Kathryn S. Koch, City Clerk FINALLY, adopted, passed and approved this , 1992. ATTEST: Kathryn S. Koch, City Clerk John Bennett, Mayor day of tal MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: GMQS Exemption - Gooding GMQS Exemption for Change -in - Use from Office to Residential DATE: April 7, 1992 SUMMARY: Planning Staff recommends approval of GMQS Exemption for the Change in Use from two commercial condominium office units to one residential condominium unit. If approved by the Planning Commission, the project will proceed to City Council for vested rights approval. APPLICANT: Richard Gooding, represented by Sunny Vann LOCATION: 210 E. Hyman, Units 201 and 202 of Park Central West Condos (Lots K,L,M,N and O, Block 75, Townsite of Aspen) ZONING: Office (0) APPLICANT'S REQUEST: GMQS Exemption for Change in Use from two units of commercial (office) to one unit of free market residential. The condominium map and declarations will be changed to reflect the new internal changes. The Applicant also seeks from City Council vested rights for three years. BACKGROUND / PROPOSAL: In 1978 this condominium received GMP approval for 10 residential units and 3 commercial office spaces. At that time, commercial allocation was not required in the Office zone. When the project was developed and the condominium map and declarations filed, the residential/office mix was depicted. In 1981, the P&Z approved the creation of an additional office space from the existing office unit 201. An amended condo plat was filed at that time. Gooding Investment Co. purchased unit 202 in 1981. Mr. Gooding purchased unit 201 in 1983. The units have since been used for both office and residential purposes according to the applicant. The current request is to legally combine and convert the two units into one residential condominium with two bedrooms and two and a half baths. Total area will be approximately 1,600 square feet. Please see existing and proposed floor plans, Attachment "B". REFERRAL COMMENTS: Engineering: 1) A condominium plat amendment must be prepared which meets the • 0 requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) Should the applicant demonstrate that the application meets condominium declarations and that the proposed changes are acceptable to the condo association? 3) The application indicates that there should be no problem with utilities supplying the project and that necessary tap fees will be paid prior to obtaining a building permit. 4) The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the City Attorney's Office. STAFF COMMENTS: Growth Management Exemption: Section 8-104 B. states that the Commission may grant a GMQS Exemption for change -in -use between commercial and residential uses if the changes have a minimal impact on the City. Minimal impact is described by minimal number of additional employees and provision of employee housing for the employee increase, minimal number of additional parking demanded by the change in use and that parking will be provided, minimal visual impact on the neighborhood, and minimal demand placed on City public facilities. This change in use specifically addresses the conversion of two office units to one residential unit. As office use, the two units would have to mitigate for approximately 2.7 employees (at 3 employees per 1,000 s.f., 60% mitigation minimum). Using GMQS threshold calculations for the one residential unit, approximately 1.2 employees would be generated. As the residential employee generation is less than the commercial generation, no impact results. The application states that 2 parking spaces are reserved on site within the condominium's 15 space lot for units 201 and 202. The residential parking requirement in the Office zone is one space per bedroom, thus no additional parking is required. There are no facade changes involved with this proposal, so no exterior visual impacts will occur. The building is currently served by City services. Any applicable taps fees will be paid if required by the renovation. The Engineering Department proposed a condition that this applicant agree to join any future improvements districts. In subsequent conversations with Mr. Vann, it was pointed out to staff that this applicant, as one owner within the complex, cannot legally bind his condominium association to join a future improvement district. For this application, Planning is not including this condition as a requirement for approval. Staff will continue to study the bigger issue of whether or not a land use approval can dictate participation in a future improvement district. The (0) Office zone requires six month minimum leases on residential uses. The applicant agrees to file a Subdivision Exemption Agreement which will state this limitation. The applicant will also update the condominium's covenants to reflect the physical and functional changes in the units. The lease restrictions shall also be included in the covenants. STAFF RECOMMENDATION: Planning staff recommends approval of this Change -in -Use from two office condominium units to one two -bedroom freemarket residential condominium for the Gooding units 201 and 202 in the Park Central West Condominiums with the following conditions: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) The condominium covenants/declarations shall be revised to indicate the physical and functional changes of the units and the six month minimum lease requirements of the (0) Office zone district. 3) A Subdivision Exemption Agreement shall be filed upon approval by the Planning Office and City Attorney. 4) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve the Change -in -Use from two office condominium units to one two -bedroom freemarket residential condominium for the Gooding units 201 and 202 in the Park Central West Condominiums with the conditions recommended in the Planning Office memo dated 4/7/92. Exhibit "A" - Site and Floor Plans jtkvj/gooding.memo PLANNING & ZONING COKMajPPN • EXHIBIT -4 APPROVE 19 BY RESOLUTION -OVERNAt�G ' IrvJ'• 1T'19 l7. 75 N V � V J ao 1 , UNIT # g UNIT ." N fill F ?4 r , T �b •r W iy $� •Y .� .I h • T` (. • r: - .;.< \j : ' .(a .+!•f R:� i -iT.e7 r _.`i•� a .•i �t .�`hs. r st _ .' :,• tf .. ' _ l r ,�Y ;, �at r4Y, ��y. � ••.t�. 'Y Y•t'' -`L ' tl�-.� `1r4- t+l'}lfu-qt-. ..'�'.'!� e � ��j"<Y �7 �!i,Y�t Its 1E 71, �',^�` ' •' N � .` ' S _'.�� .•., ,� � _ { ,,may I[,, �-s - •.� ' .,R"S'�J ,� • p `�• �r >� -J -riC s i� t• 'w. +,e r .'�S . 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KyIR' x.(i. -""a 9 rS OG� ` � '� Y � , , . � . •. f r �iR' : Yr'. � b�` `. its , .; .. _. fi '�.' �. � '� lt�:w 0 0 IL T � � C ;�_ i E • MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: GMQS Exemption - Gooding GMQS Exemption for Change -in - Use from Office to Residential DATE: April 7, 1992 SUMMARY: Planning Staff recommends approval of GMQS Exemption for the Change in Use from two commercial condominium office units to one residential condominium unit. If approved by the Planning Commission, the project will proceed to City Council for vested rights approval. APPLICANT: Richard Gooding, represented by Sunny Vann LOCATION: 210 E. Hyman, Units 201 and 202 of Park Central West Condos (Lots K,L,M,N and 0, Block 75, Townsite of Aspen) ZONING: Office (0) APPLICANT'S REQUEST: GMQS Exemption for Change in Use from two units of commercial (office) to one unit of free market residential. The condominium map and declarations will be changed to reflect the new internal changes. The Applicant also seeks from City Council vested rights for three years. BACKGROUND / PROPOSAL: In 1978 this condominium received GMP approval for 10 residential units and 3 commercial office spaces. At that time, commercial allocation was not required in the Office zone. When the project was developed and the condominium map and declarations filed, the residential/office mix was depicted. In 1981, the P&Z approved the creation of an additional office space from the existing office unit 201. An amended condo plat was filed at that time. Gooding Investment Co. purchased unit 202 in 1981. Mr. Gooding purchased unit 201 in 1983. The units have since been used for both office and residential purposes according to the applicant. The current request is to legally into one residential condominium half baths. Total area will be Please see existing and proposed REFERRAL COMMENTS: combine and convert the two units with two bedrooms and two and a approximately 1,600 square feet. floor plans, Attachment "B". Engineering: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) Should the applicant demonstrate that the application meets condominium declarations and that the proposed changes are acceptable to the condo association? 3) The application indicates that there should be no problem with utilities supplying the project and that necessary tap fees will be paid prior to obtaining a building permit. 4) The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the City Attorney's Office. STAFF COMMENTS: Growth Management Exemption: Section 8-104 B. states that the Commission may grant a GMQS Exemption for change -in -use between commercial and residential uses if the changes have a minimal impact on the City. Minimal impact is described by minimal number of additional employees and provision of employee housing for the employee increase, minimal number of additional parking demanded by the change in use and that parking will be provided, minimal visual impact on the neighborhood, and minimal demand placed on City public facilities. This change in use specifically addresses the conversion of two office units to one residential unit. As office use, the two units would have to mitigate for approximately 2.7 employees (at 3 employees per 1,000 s.f., 60% mitigation minimum). Using GMQS threshold calculations for the one residential unit, approximately 1.2 employees would be generated. As the residential employee generation is less than the commercial generation, no impact results. The application states that 2 parking spaces are reserved on site within the condominium's 15 space lot for units 201 and 202. The residential parking requirement in the Office zone is one space per bedroom, thus no additional parking is required. There are no facade changes involved with this proposal, so no exterior visual impacts will occur. The building is currently served by City services. Any applicable taps fees will be paid if required by the renovation. The Engineering Department proposed a condition that this applicant agree to join any future improvements districts. In subsequent conversations with Mr. Vann, it was pointed out to staff that this applicant, as one owner within the complex, cannot legally bind his condominium association to join a future improvement district. For this application, Planning is not including this condition as a Z iJ CJ • requirement for approval. Staff will continue to study the bigger issue of whether or not a land use approval can dictate participation in a future improvement district. The (0) Office zone requires six month minimum leases on residential uses. The applicant agrees to file a Subdivision Exemption Agreement which will state this limitation. The applicant will also update the condominium's covenants to reflect the physical and functional changes in the units. The lease restrictions shall also be included in the covenants. STAFF RECOMMENDATION: Planning staff recommends approval of this Change -in -Use from two office condominium units to one two -bedroom freemarket residential condominium for the Gooding units 201 and 202 in the Park Central West Condominiums with the following conditions: 1) A condominium plat amendment must be prepared which meets the requirements of Section 24-1004.D. There must be general notes on the plat which indicate (1) the book and page numbers of the original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2) The condominium covenants/declarations shall be revised to indicate the physical and functional changes of the units and the six month minimum lease requirements of the (0) Office zone district. 3) A Subdivision Exemption Agreement shall be filed upon approval by the Planning Office and City Attorney. 4) All material representations made by the applicant in the application and during public meetings with the Planning and Zoning Commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. RECOMMENDED MOTION: I move to approve the Change -in -Use from two office condominium units to one two -bedroom freemarket residential condominium for the Gooding units 201 and 202 in the Park Central West Condominiums with the conditions recommended in the Planning Office memo dated 4/7/92. Exhibit "A" - Site and Floor Plans jtkvj/gooding.memo Z/ • PLANNING & ZONING COMMItN EXHIBIT 4, APPRO 19 BY RESOLUTION 15.1(- IJ r 71 UNIT *5 -4V>=RNAriG I I i 3-7 G2 I 57. G L 1y.13 tf.17 .Ji -17 67 ` V\ ~k '•1� - �f yr• f'� �H y �'. F rT t�'S 7 �. � � Am Mi� :A "a'' •%•5►ry4��nX}y� • .;,�� � �`� 'ya-*f'u �y�' ^�.4 F• '. ..< ^ 'H:t �a: iz" 4�_'!`���'��i� SY' � ha. or—FIC .L"Aj[x �r' '� ` • `Et r l,JtC�!E': tt 5•�+.;'� R� s D +t f �•'�WI� X��'�► r..�c {ET fv e� i� .Z 1 ' i. .L;{�w zl1.. !�'� 4.�7. .. �+� t 'T''YI��: r`�' �f. ' � •v� 4 4,f1� t �: I '� � i �J' • �� ,� �•� ` L y� �tl; .-1 �':A."hri_ .r• „LW�`'J/PP�'�r 7 �'st l'.. BR3.�i.f •ISM s�Y. ` -*��� �-,r,e i% ,i ` Y.•..i •.ia'•, . �\ ,f• I ems` '. a, r , ,��s, f'' } r 1.>�4 G _r -s��`a`�y, z ••f � PLA N C O N CD� t�l N 1 U rI Vy . 1 V I A t� �F 7' El�t TR?.L�. �PA1 WEST' 44- AtLix Mi Li i • • r� X-01 m I 1 — w a N Z 7 • • MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer (2-pe- Date: March 18, 1992 Re: Gooding GMQS Exemption & Condo Map Amendment Having reviewed the above referenced application, the engineering department has the following comments: 1. A condominium plat amendment must be prepared which meets the requirements of Section 24-7-1004.D. There must be general notes on the plat which indicate (1) the Book and Page numbers of original and subsequent plats that are being amended, and (2) a brief description of the changes being made. 2. Should the applicant demonstrate that the application meets condominium declarations ? or covenants, and that the proposed changes are acceptable to the condominium association? 3. The application indicates that there should be no problem with utilities supplying the project and that necessary tap fees will be paid prior to obtaining a building permit. 4. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way using language currently available from the city attorney's office. M92107 • n ASPEN/PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920-5090 FAX# (303) 920-5197 February 24, 1992 Mr. Sunny Vann 230 East Hopkins Avenue Aspen, CO 81611 Re: Gooding GMQS Exemption, Condominium Map Amendment Case Al2-92 Dear Sunny: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. We have scheduled this application before the Aspen Planning and Zoning Commission on Tuesday, April 7, 1992, at 4:30 p.m., in the second floor meeting room of City Hall; and Aspen City Council on Monday, April 27, 1992 at a meeting to begin at 5:00 p.m. Should these dates be inconvenient for you please contact me within 3 working days of the date of this letter. After that the agenda dates will be considered final and changes to the schedule or tabling of the application will only be allowed for unavoidable technical problems. The Friday before the meeting dates, we will call to inform you that a copy of the memo pertaining to the application is available at the Planning Office. All applications are now being scheduled for the Development Review Committee (DRC). The DRC is a committee of referral agencies which meet with Planning and the applicant early in the process to discuss the application. This case is scheduled for March 5, 1992 at 3:00 p.m., City Hall, City Council Chambers. If you have any questions, please call Kim Johnson the planner assigned to your case. Sincerely, Cindy Christensen Administrative Assistant ASPEN/PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920-5090 FAX 920-5197 MEMORANDUM TO: City Engineer City Zoning FROM: Kim Johnson, Planning Office RE: GOODING GMQS EXEMPTION & CONDO MAP AMENDMENT Parcel ID No. 2737-073-37-072/074 DATE: February 21, 1992 Attached for your review and comments is an application submitted by Sunny Vann, requesting approval for an exemption from the growth management quota system and a condominium map amendment. ,. The Design Review Committee (DRC) meeting is set for March 5, from 3:00 to 4:00 p.m. Please return your comments to me no later than March 18, 1992. Thank you. • VANN ASSOCIATES Plannina Consultants February 17, 1992 HAND DELIVERED Ms. Kim Johnson Aspen/Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 Re: Gooding GMQS Exemption and Condominium Map Amendment Dear Kim: Please consider this letter an application for an exemption from the growth management quota system (GMQS) for the conversion of two (2) commercial condominium units located at the Park Central West Condominiums to one (1), two (2) bedroom, residential unit. Subdivision exemption approval to amend the project's condominium map, and vested rights status for the approvals granted pursuant to this application, are also requested (see Exhibit 1, Pre -Application Conference Summary, attached hereto). The application is submitted pursuant to Sections 7-1007.C.2., 8-104.B.1.b. and 6-207 of the Land Use Regulations by Richard L. Gooding and the Gooding Investment Company, Inc., the owner of the condominium units in question (see Exhibit 2, Title Insurance Commitment). Permission for Vann Associates, Planning Consultants, to represent the Applicant is attached hereto as Exhibit 3. Background The Park Central West Condominium project, which is located at 210 East Hyman Avenue, successfully competed in the City's 1978 residential GMQS competition. The project consisted of ten (10) multi -family residential units and three (3) commer- cial office spaces. No allocation, however, was required for the office use, as the commercial growth management quota system in effect in 1978 was limited to the CC, Commercial, zone district. A subdivision plat for the project was recorded in Book 7 at Page 29 in the Pitkin County Clerk and Recorder's Office on November 61 1978. A copy of the final plat is also located in the City's Engineering Department (see file No. 828-135). 230 East Hopkins Avenue • Aspen, Colorado 81611 • 303'925-6958 • Fax 303/920-9310 Ms. Kim Johnson February 17, 1992 Page 2 A condominium map and declaration for the Park Central West project were recorded on November 11, 1980, in Book 10 at Page 71 and in Book 399 at Page 652, respectively. As the attached declaration illustrates (see Exhibit 4), the condominium unit mix was consistent with the approved final plat (i.e., ten residential units and three commercial office units). This unit mix is also depicted on the recorded condominium map, a copy of which is also located in the Engineering Department (see file No. 828-161) , and on the project constructions plans which accompany this application. In 1981, the Planning and Zoning Commission approved an amendment to the Park Central West condominium map which resulted in the creation of a fourth office unit from a portion of previously approved Commercial Office Unit #201 (see Exhibit 5, Planning Office P&Z Memorandum). An amended condominium map and declaration evidencing the new condominium unit (i.e., Commercial Office Unit #202) was recorded on December 19, 1981, in Book 12 at Page 44 and in Book 418 at Page 960, respectively. A copy of the amended condominium map accompanies this application. The amended declaration is attached hereto as Exhibit 6. The Gooding Investment Company purchased Unit #202 from the project's developer, Alfred C. Nicholson, on December 18, 1981 (see Exhibit 7). As Exhibit 8 indicates, Unit #201 was purchased by Mr. Gooding on April 27, 1983. While I have been unable to locate a building permit, it is my understanding that the interiors of the two units were converted to their present configuration in 1983, and that they are currently used for both office and residential purposes. Project site The Park Central West Condominiums are located on Lots K, L, M, N and O, Block 75, City of Aspen Townsite. The property contains approximately fifteen thousand (15,000) square feet of land area and is zoned O, Office. Man-made improvements to the property consist of a two (2) story, residential/office building, an outdoor swimming pool, a landscaped patio, and an on -site parking area which is located adjacent to the alley. Two (2) of the parking area's fifteen (15) spaces are specifi- cally reserved for Units #201 and #202. Proposed Development As the proposed floor plan which accompanies this application illustrates, the Applicant wishes to legally convert the two ( 2 ) commercial office units to a two ( 2 ) bedroom, two and one- Ms. Kim Johnson February 17, 1992 Page 3 half (2-1/2) bath, free market residential unit. A building permit will be obtained prior to commencing construction. Additional utility tap fees will be paid prior to the issuance of a building permit in the event required. Review Requirements The Applicant's proposed conversion of commercial office Units #201 and #202 to a two (2) bedroom free market residential unit is subject to the receipt of an exemption from the City's growth management quota system. An exemption from the subdivision regulations is also required in order to amend the project's existing condominium map and declaration. Each of these review requirements is discussed below. 1. Growth Management Quota System Exemption Pursuant to section 8-104.B.1.b. of the Land Use Regula- tions, the Planning and Zoning Commission may exempt any change in use of an existing structure between the commercial and residential GMQS categories, provided that a certificate of occupancy has been issued for at least two (2) years, and that it can be demonstrated that the change in use will have minimal impact upon the City. A determination of minimal impact requires that an applicant demonstrate compliance with several specific criteria. The criteria, and the proposed change in use's compliance therewith, are summarized as follows. a) A minimal number of additional employees will be generated by the change in use. Employee housing will be provided for additional employee generated. No additional employees will be generated by the proposed conversion of the two commercial units to a single residential unit. Based on the O, Office, zone district's commercial employee generation figure of three (3) employees per one thousand (1,000) square feet of net leasable area, the commercial office units in question theoretically generate approximately 4.5 employees, of which a minimum of sixty (60) percent, or 2.7 employees, would have to be housed to be eligible for a GMQS allocation. In comparison, the proposed two (2) bedroom residen- tial unit will theoretically generate a demand for approxi- mately 1.2 employees, assuming a free market population of 2.25 persons and a thirty-five (35) percent minimum employee housing requirement. As a significantly lower number of employees will theoretically be generated as a result of the Ms. Kim Johnson February 17, 1992 Page 4 proposed change in use, the Applicant's request is consistent with this review criteria. b) A minimal amount of additional parking spaces will be required by the change in use, and that additional parking will be provided in the event required. As discussed previously, two (2) parking spaces are presently provided for condominium Units #201 and #202. As the off-street parking requirement for residential use in the O, Office, zone district is one (1) space per bedroom, no additional parking will be required as a result of the conversion of the existing commercial units to a two (2) bedroom residential unit. c) The proposed change in use will result in minimal visual impact on the neighborhood. There will be little, if any, visual impact on the neighborhood, as all remodeling associated with the proposed change in use will be limited to the interior of the units. d) A minimal demand will be placed on the City's public facilities from the proposed change in use. No increased demand will be placed on the City's public facilities as a result of the proposed change in use. The building's existing water and sewer service is adequate to serve the proposed residential unit. Applicable tap fees will be paid by the Applicant as may be required. Adequate on -site parking is available for the proposed residential unit, and no adverse impacts on the surrounding street system are antici- pated. With respect to the minimum two (2) year, certificate of occupancy requirement, the Park Central West condominiums were apparently constructed in 1979 and 1980, as evidenced by the recordation of the project's final subdivision plat on November 6, 1978, and the original condominium map and declaration on November 11, 1980. This criteria, therefor, has obviously been met. 2. Subdivision Exemption Pursuant to Section 7-1007.C.2. of the Regulations, the modification of the documents creating and governing an existing condominium structure must be approved by the City Council. Pursuant to Section 7-1003.A.3., such approvals are reviewed as a subdivision exemption. As the Regulations U • Ms. Kim Johnson February 17, 1992 Page 5 contain no specific review condominium approval, th exemption for the proposed to permit approval of the e criteria for amending an existing Applicant's receipt of a GMQS change in use should be sufficient required subdivision exemption. Upon the receipt of GMQS and subdivision exemption approval, the Applicant will submit an amended condominium map and declaration for review by the Planning Office and the Engineering Department prior to recordation with the Pitkin County Clerk and Recorder. A Subdivision Exemption Agreement will also be prepared and recorded which limits the unit to a minimum lease period of six (6) months, and to no more than two (2) shorter tenancies per year, as required in the O, Office, zone district. The payment of an affordable housing impact fee does not appear to be required, as no loss of affordable housing will occur as a result of the conversion of the units in question to residential use. Should you have any questions, or require additional informa- tion, please do not hesitate to call. Sincerely, VANN ASSOCIATES Sunny SV:cwv Attachments AICP cc: Richard L. Gooding • . 0 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY PROJECT: APPLICANT'S REPRESENTATIVE REPRESENTATIVE'S PHONE: S � S9 OWNER'S NAME: SUMMARY 1. Type of Application: 2. .Describe action/type of development being requested: n/26 EXHIBIT 1 3. Areas is which Applicant has been requestea ro responu, types of reports requested: Policy Area/ Referral Agent Comments 7(�&:Z" Va 4. Review is: (P&Z OI(YES�):) Only) then to ) 5. Public Hearing: � Or�� 6. Number of copies of the application�tt,be submitted: �-;� 7. What fee was applicant requested to submit:- _ %� 8. Anticipated date of submission: 9. COMMENTS/UNIQUE CONCERNS: U0 frm.pre_app American Land Title Association Commitment -*fied 10/73 • _ — `t+�S �. :t c!? ey', J_ ';� "!-;f'J.: 1cJ�', .:�_t' � w,:i.`- '..�^. LL`.�C��' :w.: �'�' ='�.: _�*.r_ Sw=�_ :�' ':.`•- C�- COMMITMENT FOR TITLE INSURANCE rt ISSUED BY STEWART TITLE GUARANTY COMPANY EXHIBIT 2 STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subjectto the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured 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 preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Con)pany has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." STEWART TITLE GUARANTY COMPANY Chairman of the Boar tQ •`t0%PQ#4_ 3; ��• _*_ Ept Countersigned by: �• 1908 Authorized Signatory San(i i „r ( omia, i President Serial No.C-1601- 261784 165 SCHEDULE A ORDER NUMBER: 00018788 1. EFFECTIVE DATE: November 19, 1991 AT 8:00 A.M. 2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE A. ALTA OWNER'S POLICY $ TBD PROPOSED INSURED: TO BE DETERMINED B. ALTA LOAN POLICY $ PROPOSED INSURED: C. ALTA LOAN POLICY $ PROPOSED INSURED: D. S 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: GOODING INVESTMENT CO., INC. 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Condominium Units 201 and 202, PARK CENTRAL WEST, according to the Condominium Map appearing in the records of the County Clerk and r Recorder of Pitkin County, Colorado in Plat Book 10 at Page 71 and further according to the Condominium Declaration thereof, recorded November 11, 1980 in Book 399 at Page 652 as Reception No. 228724 and First Amendment recorded December 23, 1981 in Book 418 at Page 969 as Reception No. 237943 and Second Amendment thereto recorded March 30, 1984 in Book 463 at Page 934 as Reception No. 258443. County of Pitkin, State of Colorado OWNERS: AUTHORIZED SIGNATURE TBD STEWART TITLE OF ASPEN, INC. 602 E. HYMAN ASPEN, COLORADO 81611 303 925-3577 FAX 303-925-1384 S"rENVART TITLE GUARANTY COMPANY 0 • ORDER NUMBER: 00018788 SCHEDULE B - SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD, TO WIT: 1. Certificate from the management group evidencing the fact that all Condominium expenses have been paid pursuant to Paragraph No. 25 of the Condominium Declaration. 2. Certificate from the Secretary of State or other appropriate officer of its State of Incorporation showing that Gooding Investment Co., Inc. is a duly organized and existing corporation under the laws of said State. 3. Evidence satisfactory to Stewart Title Guaranty Company, furnished by the Office of the Director of Finance, City of Aspen that the following taxes have been paid, or that conveyance is exempt from said taxes: (1) The "Wheeler Real Estate Transfer Tax" pursuant Ordinance No. 20 (Series of 1979) and (2) The "Housing Real Estate Transfer Tax" pursuant to Ordinance No. 13 (Series of 1990). 4. Deed, executed by the President or vice -President of Gooding Investment Co., Inc. and attested by the Secretary of said Corporation (in Lieu of said Secretarial attestation the Corporate Seal may be affixed to the Document), conveying fee title to the purchaser(s). STENVART TITLE GUARANTY COMPANY 9r SCHEDULE B - SECTION 2 EXCEPTIONS ORDER NUMBER: 00018788 THE POLICY OR POLICIES TO BE ISSUED 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 SHOWN 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 HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LIENS, 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 DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 6. UNPATENTED MINING CLAIMS; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 7. ANY AND ALL UNPAID TAXES AND ASSESSMENTS AND ANY UNREDEEMED TAX SALES. 8. THE EFFECT OF INCLUSIONS IN ANY GENERAL OR SPECIFIC WATER CONSERVANCY, FIRE PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER SERVICE OR STREET IMPROVEMENT AREA. 9. Terms, conditions, obligations and restrictions as contained in Agreement recorded November 6, 1978 in Book 357 at Page 621 as Reception No. 208884. 10. Terms, conditions, obligations and restrictions as contained in Declaration of Covenants recorded November 6, 1978 in Book 357 at Page 625 as Reception No. 208885. 11. Terms, conditions, restrictions and obligations as contained in Condominium Declaration recorded November 11, 1980 in Book 399 at Page 652 as Reception No. 228724 and First Amendment recorded December 23, 1981 in Book 418 at Page 969 as Reception No. 237943 and Second Amendment thereto recorded March 30, 1984 in Book 463 at Page 934 as Reception No. 258443. 12. Easements and restrictions as contained on Condominium Map recorded November 11, 1980 in Plat Book 10 at Page 71 as Reception No. 228725. 13. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen Continued on next papgENVART TITLE GUARANTY COMPANY 71C CONTINUATION SHEET SCHEDULE B - SECTION 2 ORDER NUMBER: 00018788 recorded March 1, 1897 in Book 139 at Page 216 as Reception No. 60156. 14. Any lien that may attach upon vesting of title in the party to be insured. NOTE: Stewart Title of Aspen, and/or Stewart Title Guaranty Company neither assume, nor will be charged with any liability under this Committment until such time as the name of the proposed insured and the amount of insurance are made known to the Title Company. NOTE: Provided that Stewart Title of Aspen, Inc. records the documents of conveyance in the proposed transaction the status of title will be updated from the time of this commitment to the time of said recording. If said update reveals no intervening liens or other changes in the status of said title Exception No. 5 herein will be deleted; if said update reveals intervening liens or changes in the status of said title appropriate action(s) will be taken to disclose or eliminate said change prior to the recording of said documents. NOTE: Policies issued hereunder will be subject to the terms, conditions, and exclusions set forth in the ALTA 1990 Policy form. Copies of the 1990 form Policy Jacket, setting forth said terms, conditions and exclusions, will be made available upon request. STENVART TITLE GUARANTY COMPANY 0 EXHIBIT 3 Gooding Investment Company, Inc. 1200 17th Street, Suite 2660 Denver, Colorado 80202 303-572.6006 February 13, 1992 Ms. Kim Johnson Aspen/Pitkin Planning Office 130 So. Galena Street Aspen, CO 81611 re: Permission to Represent Dear Ms. Johnson: Please consider this letter authorization for Sunny Vann of Vann Associates, Planning Consultants, to represent me in the processing of my application for a GMQS exemption for my property which is located at 210 East Hyman Avenue in the City of Aspen. Mr. Vann is hereby authorized to act on my behalf with respect to all matters reasonably pertaining to the aforementioned application. Should you have any questions, or if I can be of any further assistance, please do not hesitate to call. Sincerely, GOODP G EI;VESTMENT COMPANY, INC. Richard L. Gooding 1200 17th Street, Suite 2660 Denver, CO 80202 (303) 572-6006 116 • Recorded It 4:11 p.m. Nov 11. 19P0 Loretta Banner Recorder Reception No: 22=4 EXHIBIT r3sq 652 CONDOMINIUM DECLARATION FOR PARK CENTRAL WEST (A Condominium Residential and Commercial Building) THIS DECLARATION, made and entered into by Alfred C. Nicholson and Elizabeth Ann Nicholson, hereinafter referred to as "Declarant"; W I T N E S S E T H: WHEREAS, The Declarant is the owner of certain real ,;property situate in the City of Aspen, County of Pitkin, State of Colorado, described as follows: Lots K,L,M,N, and 0. Block 75, City and Townsite of Aspen Also known as 210 E. Hyman, Ave. and WHEREAS. the Declarant has improved and is improving the above -described real property with a residential and commercial condominium project in the form of two (2) two-story buildings. which will consist of ten (10) residential condo- minium units, three (3) commercial office units, and one basement storage area, all of which will be treated as integral parts of a single condominium ownership project; and WHEREAS, the Declarant desires to establish certain rights and easements in, over and upon said real property for the benefit of itself and all future owners of any part of said real property, and any air space unit or units thereof or therein contained, and to provide for the hr.rmonious. beneficial and proper use and conduct of the property and all air space units; and WHEREAS, the Declarant desires and intends that the several unit owners, mortgagees and trust deed holders, occupants, and other persons hereafter acquiring any interest ,in the property shall at all times enjoy the benefits of, and shall hold their interests subject to the rights, easements, F-ivileges, restrictions and obligations hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect ,f the property and are established for the purpose of enhancing and nerfectinq Lhe value, desirability and attractiveness of the property. ILA P. Ry i�'{.t��' t , A }`�,? • �J'♦. k f �r l: 7+,N? "7 }-i^{mob^ , S t '1 ' , (. �A�.x+.•'�`�t �'�� 1t.i T,j.• �. �i •i4,,�' T. bi`�y4:,�rf!' M i. 1(�('/•�J �^l ' �' C T1 'F, ...F?' •i". Ss ,[ •.; -VVI� •t.: V�/V NOW TIf UOAL Declarant does beret^7 uhlish and declare.; that the -following toras, covenants, conditions, easements, :� r •r..J;•= ro-strietions, uses, limitations on.l obligations shell be debmid - �' to run with the land, aT:all be •burden and benefit to Doclarbnt,'its successors -and assigns, and any person or entity, Y' a acquiring or owning an interest in the coal property and improvements„devisses or assigns. ', y. Dofinitiona ", ,.•. ,. p l :• 1 • ,unless the content shall sz resat hti �, provide otherwise. 1.1 "Unit" means an Individual air apace unit which r ;,� 1,'•'- is oontained within the perimeter wally, floors, cellin3s,. i windows, and doors of such unit in the Building as shown on L, the Condominium Hap to be filed for rsoord, together with all fixtures and improv'9wonts therein contained but not including ' •. any of the struotural components of the building, if any, in such unit, 1 1 1, 1.2 "Condominium Jnit" rise the fee sirrple interestfi and title in and to a unit, together with the undivided ��,,--,� percentage interest in the general and limited common elements N, appurtenant to such unit. ti 1.3 "General Common Elements" means and includes the land described hereinabove, She structural components of the k, f, building, mechanical room and parking specoaj and all other 4 parts of such land and the improvements thereon necessary or• vS Convenient -to its existence, mmintensnoo,'And safety,which are F" normally and reasonably in common use, Including the vir, above �'`�°=1•- y such land, all of which "12 ce- owned, as tenants in com ion, Y3�I1: T by the owners of the separate units,` each. owner of a unit }d having an.undivided percentage or fractional interest in such � .4 general comrson elements as is provided hereinafter and "- Yam. 1- ,exceptions to the normal common elements shall -be set forth ;! apse fically .belr +. yr¢' 1.4 .,imi!ed Common Elements means those parts of the +d` general common elements which are either limited to or reserved for the exclusive use of the owners of one or more. but less than all, of the condominium units, and which are identified ' on the Condominium Xap. 1.5 "Condominium Project" means all of the land and yC., improvements initially and subsequently submitted by this Declaration. "Common Expenses' weans and includes expenses for. r maintenance, repair, operation, management, and adalnistrationy•r- �•� expenses declared common expenses by the provisions of this Declaration and the By -Laws of Perk Central West Condominium =ti Association, Inc. and all some lawfully assessed against the �y. general elements by the Board of )ianag.v of the Association.; r � f ! 1.7 "Association of Unit Owners" or;"Associstion� ; means the PA.'+K CUMAL ki3T CONDOMINIUM AS30CIATIOK, INC.,. a,� Non-profit Colorado corporstlon, its suooessora and ssai�ss�, the Art)olos of Incorporation and By -Laws c ' which •hall govern the administration of this condominiu+i property, tho-'' ;`; A members of wnion shall be all of the owners �t the epogos►initu{� �,� units. t'.Y:•'�:'+� z�, :!� . { .'•� _ 1 .8 vildfog" means the building Saproremaats ooA. } �,� a ;+ ,• taining units an shown on the Sap or amendments sna'su;pplstmuts , }� }•' thereto. • ,: -2- <i; M x .7 J y �'1��y4.���"'i .;, '�,f7�t�,.�y: �`n'� �:►�34� �.t`�ry..i%r�7 `.7 f S:' a. 7. � )���.... - '• + •�. Z'i'n, � r � . , y'i• i,,; ;• l r •.'f'^_iy A�i �+' f �� i -} ' r �' '. 'r'' A ti i '.i+.f°�k`+�.1�tLiAIY'�'1',:d:y��`"4, ,. .f►`1.7.�... Ii�iii• r r,. `(R 54 it t� bar n 1.9 "Map" .or "auppplenontal lCap" means and Includes the ,�'y engineering aurveI'of the Isnd locating ttsrean •11 of the w k, ,� �• .;•x improvements the floor and elevation pU. a and any other r ` rx lfr drawing or d�agranaatio plan depicting s yart of or all of ` ,, •v F �` tho•.impruvemento and land. 1.t0'"- "Owner"'ee•ni a per on • yeraons firs, corporation*.,�' � J partnership, association, or other �a al ent�ty or any oombi- •' . •• jty nat_un thereof, who own(a) an interest Lance or more condo- ( t Minion units. Ff. Mortgage means any renorded Mortgage, deed of Y t f'''j!� i ,�. trust, or any other recorded security instrument by which a condominium unit or any part thereof, or owner's interest ' :A c ;�� therein, is encumbered. 102 - "Mortgagee" means any person or entity named as the "rtg•g•e or benetioiary under any recorded security instru- ment by which a condominium unit or any part thereof, or any •i�rt� owners interest.thernin, is encumbered. 2. " do n , a " means a plot or survey of the eke surface of the ground of the propert , showing a survey and f legal description tbersof, the location of the building with= 4- + 7 respect to the boundaries of. the ro arty, togather with • �. ,T�.,,! diagrammatic floor plan of:the building ahnwing tho bounderiaa e(' �•�-''> of -,etch unit within the bulldinGs, inoluding horir.ontal and,'t vertical locations End dissensions of all hounderies.of each.- a.r r ti it ��}� Lt�'�•'�{, snit, unit' cumbers Identifying the ual¢a� together with such } • � 'ot�sr informstion;as ass to included sreon in the' discretion vr,,the.Demeclarant.-,The,�oadoatiniun T4aD.:•nd any nsoeeaar77 supplants -.theroto, ,shall be, filed for, record in .th• Pitkin y j t� QQ40ty.• rosproperty, records ar, ::> >' ` . � •!3, "Sc 11y( w �ivition oflProverty Into Condof+finiurm Unite. Lea r Thcreal"Property1 is hereby divided into the following fee t e•• s le estates, eech'such estate consisting of the sepeirstely �4I7k designated units and the undivided interest in end to the general common elements appurtenant to tech unit as is set _ 3i • ,:; fortn or. the attached B,Laibit A, which by this reference is sage •Fart hereof. Each such unit shall be identified on the ;�• }': ; �`� F.•. Map by number and building symbol as shown on Exhibit A. 3.1 Declarant reserves the right to itself, its succes- sor aor usigna,; tom Physio,slly oo-%bins the *pact -within one unit A' . " thr apeoe within one or more ad joinir4 ..sits, anu ', *•;: � '' ' `! 3.3 Combine • part of or combination of parts of the H j.�. ''�''r ` '•"r= `' apace within one unit with part or parts of the space within �r one or more adjoining units, and 3.4. Divide into .eFarste units the space within gay 3*S. .The sgggr*Cate or divided undivided intertats in the general oonrson a ousnto resulting from any of the pprovisions of paragraph 3.2, 3.3, and 3.4 shall be reflected-bt sa• sa►tad- :t � � � la. ' '' ►, t. ,,� .lit •���-. rs nenCto Exhibit A hereof and to the Map consistentwiththe requirements set forth in this Denlarstion. h? 'ill 41 MIM9 f 7 imit" Comron Fl3nents. A portion of the general r4 L common elerente ir rostarvec for the exclusive use of the individual owners or the respective units, and ouch areas are referred to an "limited oorsion elomonts.p The linitod common r71:�,.' olemonts so reserved shall be identified on the Map. (Any balcony or balconies which are scoossible only from within associated only with and which adjoin a used unit shall, without further rof*ronoe thereto, be d n connection with such unit to the exclusion of the use thereof by the other, owners of the general common olementas except by invitation.) All of the owners of condominium units in this condominium project shall have a non-exclusive right in common with all of the other owners to use of swimating and ape pools, sidewalks and pathways located within the entire condominium project. go reference thereto, whether such limited common elements are exclusive or non-*xolusivo, need be mad* in any deed, instru- Ment of convolanoo, or other instrument, and rarerence is made to the provision cf paragraph 6 of this Declaration. 5 'n rob Iji,o otsipio Unit. Uoh unit, i�j; a,JAt22Qj the *P;u MR $rest In the general common 0 laments and the appurtenant limited c,pmon elements, shall together coikprise one condominium unit, shall be Inseparable and may be oonvoled, lease davlarl �r,oncumbefod only as a condominiirm, unitt QXC1Pt leased prov a, para. 6 )(Mod of 229grLptton.. fiver cor.troot,for the sale or a c;ndominlux unit and every Other instrument affecting title to a condominium unit may describe that condominium unit by -the unit -number and -building designation shown on the - CondominiuA Map -appearing in the records of the County Clark' and Recorder of Pitkin,rounty, Colorado, in the following fashions Condominium Unit PARK ..CENTRAL WYMOT, accord ng o the Condominium hap oppeorine in the records of the County Clerk and Recorder of Pitkin County, Colorado,* in Book at Page Such description will be construed to describe the unit, together with the appurtenant undivided Interest in the common elements. and to incorporate ell the rights inaidtnt to ownershl,, or a condominium unit and all the limitation on such ownersW,) &a described in this Declaration. =srato A44608 A ot 7 "S - !2 tl n xnall give wri Asa;,,2,r'? 0 D*olor;,t THE nNoT41113 County of Pitkin. Colorado, of trio creation of condominium, ownership in this property, as is provided by low, an that each LLn' t and the undivided Interest in the General common elemorits.,i I" ap,urt*nant thereto shall be deemed a parcel and subjeot,tal. separate assessment and taxation. ' It, tho.event that for period of time any taxes or assessments are not &:tparato assessed to each unit owner, but sro assessed on the property:;{;.; so a whole, then each unit owner shall pay his proportionate share thereof in accordance with his percentage ownership o the general common elements. rrhi!�-Tl a. A condominium ..nit may be hold and owned b; one person to joint tenants or, so tenants in comtort, or in or;y real property tenancy relationship recog- nixed under the laws of tLs State of Colorado. -4- AA I.,t il_�x''O"T= z. X. . ,4, wiaif£�T`'yl 'i;f j. .•; Ti,.i rJ. ��, al + _ , y;• N� � �FI•� <'`��.!" '"Yo. �• ���! { �.' rig. �., y �I �', ,'d rl . � � ; !, ,1 L1. 1 .t; i' �`� I ' • ' it .. N2n-P4rtlonab111ty of general C anon Elom!ntt, The • pentral" coauon • amen s: si+—aiT_ • oxne n co�naon r a 1 of tA• owners of the units and shall remain undivided. and no owner.. °-z shall bring any action'for partition or division of the general common *)grants. Nothino0 contained herein shall be construed as a limitation of the right of partition of a condominium' unit between the owners thereof, but such partition shall not ' affect any other condominium unit. and sha11 be a partition by, sale_and not A n'"kind. 10: The yst in General and limited Commpm Elomonts Each 0wnar s hall be entitled 0 exclusive ownershl p an pOssessiOn- of his unit. Each owner may use the general limited common . . ..elements in accordance with the ourpose for which they are in- tended. without hindarin or encroaching upon the lawful rights of the other owners, sublect to such reasonable rules and repo- lotions as may. from time to time. be established pursuant to the Sy -Laws of the Association. For purposes of this Declara- tion. the gypsum wallboard material on the interior surfaces of the ceilings and walls of the units shall be considered a struc- tural component and shall not be altered without the express written consent of the board of managers. For insurance pur- poses, gypsum wall board shall be considered part of the common elements. i1. U69 and Occu anc L• Condominium units numbers one throoph ten shall be used and occupied for residential purposes by the owner, in compliance with City of Aspen Zoning Code Chapter 24. and renting of these units for residential purposes shall not be considered a violation of this covenant. Condominium units 10). 201. and 301 shall be used for office commercial use in compli- ance with City of Aspen Zoning Code, Chapter 24. -Space 8-1 shall be used for storage.. 12. Easements foi- Encroachments. If any portion of the t general common elements encroaches upon a unit or units. a valid easement for the encroachment and for the maintenance of some. so long as it stands, shall and does exist. If any portion of a unit encroaches upon the general common elements. or upon an adjoining unit or units. a valid easement for the oncroach- mant and for the maintenance of same shall exist so long as it shall not be considered or determined to be encumbrances either on the general common elements or on the units. 13.: T ruination of Mechanic's Lien Rights and Indemnifi- ca_tio�n. oquent to the completion at e improvements ed scribed on the Map. no labot performed or materials furnished 'and incorporated in a unit with the consent or at the request of the unit owner or his agant or his contractor or subcontractor shall be the basis for filing of a lien against the unit of any other unit owner not expressly consenting to or requesting the same, or against the gyeneral common elements. Each owner.",,'Y. shall indemnify and hold harmless each of the other owners . .a. from.and against all liability arising from the claim of lien against the unit of any other owner or against the peilare10,: common elements for construction perfGroad or for labor. materials. services, or other products incorporated in the owners units at such owners request. The provisions herein contained are subject to the rights of the MamaAing Alan or'� , Board of Managers of the Association as is set forth is porn• graph 14. •14. Administration and Manae Bents Managing Agent. The administration an management o ►ids condominium property shall be governed by this declaration and Sy -Laws of the Association. An owner of a condominium unit. upon becoming an owner. shall be a member of the Association and shall remain a member for the period of his ownership, The Association shall be initially governed by a 6onrd of Managers as is pro- vided in the By -Laws of the Association. The Association nay delegate by written agreement any of its duties. powers, and functions to any person or firm to act as Managing Agent at an agreed Compensation. t S•k4 VAII y�: Yr..i + ''$; Y,��M<;�=ice � • r'.:.r i k'C�A 1 V T =399 !,L:657 15. Cartfi^ete_of'jdentitt. There shall be recorded .root time to tint acertificate ol Identity which shall include addresses of the )e:sone than oomprising th+ management bc\.;y (Directors and Cffluera) together with the Identity7 and RIN930 of the Managing A&*nt. 5u•sh certificate shall be con ojusive evidence of the information contained therein in favor' of any person relying thereon in good faith regardless of the time slspsed since the date thereof. The first such oartifioate, shall be recorded on or before 'inusr7 16. Reservation for Ao:sas-1':intensnce, PeDsir and c e .ns owner• e a ■vs he rrevoca • riot, to e exerc_se by the Managing Agent or Boa^d of Managers of the Association, to have access to sack emit from time to time during reasonable hours under the particular circumstances as may be neceasary for the maintenance, repair or replacement of any of the general commwn elements therein or accessible therefrom, or for making emergency repairs thcreln necessary : to prevent damage to the general common elements or to another unit or units. Damage to the interior or any pert of a unit'`, or units resulting from the maintenance, reppair, ea,ereQncy repair, or replacement of any of the general common elements or as ■ result of emergency repairs within another unit at the r instance of the Association shall be a common expense of all Iof the other owrarsi provided however, that if such danage is. =� the result of the misuse or negligence of a unit owner, then y: such owner shall be responsible and liable for all of such damage. All maintenance, reppairs and replacements a �,o the general common elements, whethsr located inside or outside of tk 'f= units (unless necessitated bi the negligeme or misuse of a unit owner. -in which case suoh expense shall be charged to such unit owner), shall be the common expense of all of the owners. fir, 17. Owner's maintenance Responsibility of_ Unit, Balconies. Pa kin an tor■Areas or purposes of main enanoe, re- �pa r, alteration an memo sling, an owner shell be deemed to own the interior non -supporting wells, the materials (such as: `•` but not limited to, paneling, wallpaper, paint, wall and floor Lila and 'looting, but not including the sub-floorin�•1 making }: up the finished surfaces of the perimeter wells, c-' .ngs, and ? floors within the unit, including the unit doors ,.. .I.ndows. The owner shall not be deemed to own lines, pipe..,, ..._ea, con- v duits or systems (which for brevity are herein and hereafter referr)d to as utilities) running through his unit which serve , one, or more other units except as a tenant in common with the other owners. Such utilities shall not be disturbed or relo-.:•.: dated by an owner without the written consent and approval of- ";.'j the Board of Managers. !uch right to repair, alter end remodel`) is coupled with the obligation to replace any finishing or other materials removed with similar or other types or kinds of.', >`s "A materials. An owner shall maintain and keep in re ppair the, �' •'iv)�I Interior of hit own unit, includin- the fixtures thereof. All �. :•' fixtures and equipment installed within the unit oomemencing at a point *here the utilities enter the unit shall be main• twined and kept in repair by the owner thereof. An owner ehal do no act nor any work that will or may impair the struoturel•.;,iH R soundr.eas or integgrity o: the t uilding or )pair any easeaeoj of hereditanent witi;out the writ:en eonaeot of the "ard of ;? ;�`► of the Association, after first .)roving to the sstia•,•"? %nag•rs faction of the board of Kanegere that such structural sound• ness or integrity will be maintained durinand after any �,• such act or work shall he done o:• perform•g . An � expense to a the buard of Manceers for investigation under this paragraph p 17 shall be borne by the owner. However, nothing herein con- tained shall be construed to permit structural modification '4m and any dec.islon releting thereto stall be in the absolute +` h discretion of tt.e !:card of :tanagers, including, but not limited �? Ce • =399 658 to the enCa6inb of a stru•:turs! engineer at the owners expense for tt,c purpose of obtaining his o;,inion. An owner shell also keep the bsl,ony area aipurtenent to his unit in a clean on- aenitar; condition ar,6 free and clear cf snow, ice and any accun.ulatlun or wti:er. All uther nftintensn:e or repairs to any limited cor.r..on elements, except as caused or permitted by tha owner sLoll be at tiie expense of all of the owners. id. Ca.oL>lian�e wilt. Frov, icna of Decicrotlrr), Fy-Lows of the Ass; :aticn. act. owner eiia ecrn,�.y sLricLly WIM Lne provisions of t. u ::eclersticn, the Articles of Incorporation and by -Laws of the Association, and the decisions and resolu- tions or the AsFoclhtion adopted ,,ureuant thereto sa the same may be lawfully emended from tine to time. ?ailure to comply with any of the s•mo anbll to grounds for an action to recover suns duo, for derages or injunctive relief or both, and for reiribursoment of all costs and rtterneys fees incurred in corrneotion theroulth, w1.1ch action shall be maintainable by the :•Innseing Agar: or -board of ::wnegers in the name of the Association in behalf of tt,e owners or, In a proper case by an aggrieved owner. 1-1. Revocation or Ar.andr,ent to D�clsrotion. Thia Declaration shall not be revoked uri ess all o :e owners sod all of the holders or any recorded nortg•ge or deed of trust covering or affecting any or all of the condominium units unanimously consent and agree to such revocbtion by ins:ru- m•nt(s) euly recorded. This Declaration shall not be amended unless the owners representing an aggregate ownership interest of eighty per cent (9ri), or more, of the general common ele- ments and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all condominium units consent and agree to such onendnent by inetrument(s) duly re- corded; provided, however, that the percentage of the undivided interest in this Declaration shell have a permanent character and shall not be altered without the consent of all of the unit owners expreeaed in an amended Declarntion iuly recorded, except for decisrents rights set forth 1n pars.3. j ?0. r,]ditiors; Alteretio^a,-end Zm;rovtmente ,f general and Limits o tinon r e7,e,t . .menu a no a ons, a terse ons or mprovemen s by the board of Managers or the ivanaging Agent cf or to the general and limited corsnon elements ifF2a Quirin nn ex;enditure in excess of two thousand Dollars �f2,000.0 in any one calendar year without prior approval of !a ma,ority of the owr,srs in writing or as reflected in the iminutes of a regular or special-.eeting of the owners. Such {limitation shall not be a,rplicatle to the replacement, repair, lmaintenanoo, or obsolescence of uny Zeneral common element or Joummon property. An individual unit owner ahall do no alter- ;ations, s,lditions, or inprovements to the Qeneral common Ielements or the lir.ited common elements without the approval of a majority of tho owners In writing or as reflected in Ithe minutes of a regular or apecisl meeting of the owners. Asneeement rcr Coiv,on Ex :ensen. All owners shall be obligated o rayy .,e ■eeensmen e, a or estiarate or sotul, imposed by the Board of ,?ans6ers of the Association to meeat thee.,`' common expenses. :i,e assessments shell be made according to each owners percentage interest in this general common element& as is set forth In l.xhltit A. L.Kcept as is provided in pare- grs; ii It, •.h.c lir.lted cor ncn elener:t, chell be maintained As ftnerei covnor. ele::entc, end owners t.eving exclusive use there• of at:all not be sub,ect to any s;acial c`argea or assessments jfur the rnrair or maintenance thereor. Asseesments for the w estimated ecmn:n s:,all t,• nude et least semi-annually and shall be c'.ue lrr,edihtely u,•on receipt. -to `:ansging Agent or lx,a:',: c•f .:�sr.nters 6`.u:l ,�roi:trm and deliver or mail to each „owner a state.-.cr.L :.;.• tc.e „rtio-kLe or actual common exyensar. go IN -Tt f I i M 0 =399 r­.659 a+,^� All assessments. special and general. shall bear interest N (at a rate specified by the Association in its By -Laws) from the date the assessment is due and payable if not paid within thirty days after notice of such assessment is given. In the event the ownership of a condominium unit by grant "S. of the Declarant commences on a day other then the first of 1•" the month, the assessment for that month shall be prorated.. The assessments made for common expenses shall be based upon the cash requirements deemed to be such aggregate sum as the Managing Agents or if there is not Managing Agent, then the Board of Managers of the Association shall from time to time t b id b all of the condomi- c determine what is necessary o e pa y nium unit owners to provide for the payment of all estimated expenses growing out of or connected with the maintenance. re- pair, operation. additions, alterations. and improvements of and to the general common elements. which sum may include but shall not be limited to, expenses of managements taxes and spe- cial assessments until separately assessed; and malicious mis- chief with endorsements attached issued in the amount of the replacement value of all of the condominium units (including all fixtures; interior walls and partitions; decorated and finished surfaces of perimeter walls, floors and ceilingst door%. windows. and other elements or materials comprising a part of the.units); casualty and public liability and other insurance premiums; landscaping and care of groundsi common lighting and heating; repairs and renovations; trash cotlectionst wages, water and sewer charges, legal and accountlnp fees; management and rental feesi expet..es and liabilities incurred by the Managing Agent and Board of Managers on behalf of the unit owners under 'or by reason of this Declaration and the By -Laws of the Associ- ation; for any deficit arising or any deficit remaining from a previous period; the creation of a reasonable contingency. re- serves, working capital. and sinking funds, provided. however. ..that Declarant shall not be assessed for such contingency. reserves. working capital and sinking fundsi as well as other costs and expenses relating to the general common elements. The I omission or failure of the Board of Managers to fix the assess- ment for any period shall not be deemed a waiver. modification 1 or a release of the owners from their obligation to pay the some. 22Insurance. The Managing Agent. or 1f there 1s no Managing gem nt. then the Board of Managers, shall obtain and maintain at all times insurance of the type and kind provided herainabove and including for such other risks. of a similar or dissimilar nature. as are or shall hereafter customarily be covered with respect to other condominium buildings. fixtures, equipment. and personal property. similar in construction. design. and use issued by responsible insurance companies auth- orized to do business in the State of Colorado. covering the building and improvements on the land and all personal property included in the common elements in an amount equal to the maximum insurable replacement value thereof. The insurance shall be carried in blanket polic form naming the Association the insured as attorney -in -fact Tfor all of the condominium unit owns rsj, which policy or policies shall identify the inter- est of each condominium unit owner (owners name, unit number.'. building designation). and which policy or policies shall pro vide a standard non-contributory mart age* clause in favor of'"., each first mortgagee, and that the policy cannot be cancelled or substantially modified until after ten days prior written notice is first given to each owner and each first mortgagee.* The Managing Agent. or if there is no Managing Agent, then the Board of Managers, shall obtain and maintain. to the extent obtainable. public liability insurance in such limits as may from time to time be determined. covering each unit owner. each member of the Board of Managers. the Managing Agent and the resident manager. Such public liability coverage shall also -B- t, m4 =399 ia,:660 u r cover cross liability cinims of or,* insured against another ,!arid &hall c:ir.tsin waiver9 of subrogRtion to the extent ressonaLly practicable. Each owner may obtain additional insurance at Lis own expense for his own benefit provided that all ouch policies :shall contain waivers of the &ubrogstion to tl,e extent prect- icable, and provided furtt.ur, that tt,s liability cf the cnrriers i issuing insurance shall not be affected or diminished by reason of arry suc!i insurance carried by any unit owner. Insurance covere6e on the furniat,inos and other Stems or Ipersonal property belonging to an owner and casualty and ; public liability insurance coverage within each individual unit ,! shall be the rea;;onsibility of the owner thereof. 23. Owners Personal Ctll atlon for Payment of Arsessments The amount o hd common expenses assesse aeeerns eachcon o- minium owner &hall be the personal �,nd lndivltusl debt of the owner thereof. No owner shell exe:ipt himself frcm liability for his contribution towards the cor�.on expenses by waiver of tho use or enjoyment of any of the common elements or by abandonment of his unit. Loth the Eoard of Y.anagors and Managing Agent shall have the reeponslbility to tsRe prompt action to collect any unpaid ■sseasment VA ch remains unpaid more than thirty (30) days from the due date for payment thereof. In the event of default in the pay4•ent of the assessment, the unit owner shall be obligated to pay interest at the rate of eighteen per cent (187J par annum on the amount of the assessment from due date thereof, together with all expenses, including attornal foes incurred, togetner with such late charges as provided by the By -Laws of the Association. Suit to recover a money judg- ment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing same. 24. Assor t e ment Lien and Foreclosure. All sums assessed but unpai. e 'hare of common expenses chergevble to any condominium unit shall constitute a lien on such unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the unit. in favor of any assessing unit, and all sums unpaid on a firm mortgage or first deed of trust of record, including all unpaid obligatory sums as may be pruvided by such encumbrance. To evidence such lien, the board of Xanagern or the Managing Agent shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the none of the owner of the condo- miniu;n unit and a description of tt,e condominium unit. Such a notice Rhall be signed by one of the [oard of Iianagers or by one of the officers of the Aaaocistion or by the managing Agent and shell b" recorded in the office of the Clerk and Recorder of Pit.cin Cowrty, Colorado. Such lion for the common sapensea &hall e,ttneh from the date of the failure of payment of the a3sosement. fuch lien r,ay be enforced by the foreclosure of the deroultlni; twnera condoninia., unit by the Association In like mRrner as a mortgage or deed of trust on real property subsequent to tLe recording of a notice or claim thereof. In any such proceedings the owner sl,sll be required to pay the Association the .iontnly aseeee:nent for the condominium unit during the period or foreclosure, and tho Association rhall be entitled to a r•ecuiver to collect tT.e same. The Assooistion shall have ti,e power to bid in tte condominium unit at fore- closure cr -Dther lo.*al sole ai.d to acquire and hol.:, lease, mortZat;e, vote the votde appurtenant tc, convey or otherwise deal with tho A&nu. Any uncumbroncer holdi:rg a 1!nn rn a condor.ir.iur, a_ t nn� pay, but she11 not b! required to pay, any unpaid ccmnor. expenses yayot•le w!ti. ra3iect to such unit, and ui oc st;al. paywer,t such encunt.ranccr shall huva a lien en such unit fo. the sr,-,unts ;,aid o: the name rRr.k on the lion -9- 'r .�..� .- � :t���!�i � ...Y;.'.1'.e"'rt �~ `�.� vt►-_7S�••"���'•`�::'�-'_nE�r�� r,r_�Y�i :1K"l�i`�1tF=•. '1• ...;F .... in :..� ••, r:,• m399 661 of his encumbrance. Upon request of a mortgdagee, the Association &Lail report to the mortgagee of a condominium unit any unpaid assessments retrair..ng unpaid for longer than twenty-flve ley& • after the eune are duel providedg however, that a rortg&gee y: shell have furnished to the Konbging Agent or the board of Managers notice of such enoumbrance. • ?$. bi Common Expense Upon T enaf r gf :.- Condominium Unit Is Joirt, Upon poyment to the managing Agent, or ere It; no ..snag ng Agent, then to the Association of a "= er'.. reasonable fee not to exceed Twenty-five Dollars W5.00) and upon the written relaest of an- owner or any cortgagee or ;:• prospective mortgagee of a conduminiun u:,it, the Asecci;tior. ;r y its Managing Agent, cr if there is no Managing Agent then 61, by the financial officer of the Association shell issue a written statement setting forth the amount of the unpaid common expenses, if any, with respect to the subject unit, the amou,lt of the current monthly assessment and the date that such I sa&essment becomes due, credit for any sJvsroed isy.:ent■ of common assessments, for prepaid items, such ss insurance prem- lums, but not including accumulated axv�ounta fcr reserves or sinking funds, if any, which statement shall to conclusive upon the Association in favor of all persons whc rely therecin in good faith. Unless such request for a statement of inde:tedness &hall be complied with within ten (10( days, all unpaid cerimon expenses which become due prior to the date of mskind such request shall be subordinate to the rights of the person re- questing such statement. The grantee of 'a condominiLLro unit shell be jointly and severally liable w.th the grantor for all unpaid assessments gainat the letter for the linpoid cer:smon !assessments, provided, however, that upon ps ment of a reasonable fee not to exceed Twenty-five Dollars ( 25.01), se is hervinabove provided, and upon written request, any such prospective grantee, shell be entitled to s statement from the :'anaging Agent, or If there la no Managing Agent, then from the Association, setting forth the amount of the unpaid assessments, if any, with respect to the subject unit, tye amount of the current monthly assessment, the date that such assesslzent becomes due, and credits for any advanced payments of cocoon asse:emer,ts, prepeli Items, suoh as insurance prhmiums, which statements shall ,0 conclusive upon the Association. L•nleas such request for such s statement shall be complied with within ten (iG) days of such request. then such requesting grantee shot: not t. liaLls for, nor shell the unit conveyed by subject to a lion f,r ary unpaid osseas- ments against the subject unit. The provisions set fortn :n this paragraph shall not apply to the initial sales and con- veyances of the con.',orninitim .mite made by Deo:erant, and such sales shall be free from c.,,umoi: expenses to tn. date of con- veysnce :node or to a dote as agreed ul.on by Deolarent ,end Declaront's grantee. 26. mortra4int. e_�_o__r' � i niu:I 'Jnit - Proj�► ts. An owner shall hove e r d t ram t r'a to irne to mortgage or eaeumber his liltsre,st ty deed of t.rurt, mortp,aere or othe- s;,ourity instrument. A first nortgabo shall to nne wh:rh has first ant 1! persmour t priority under spill 1 cable low. 71:e owner of s condc,- iininium unit moy create Junior nortgages, liens or encumbrances �on the fnllowin6 conditionst 26.1 714rt ansuch. jur.l ur r-irtgr.6e9 shall sl ways to 3ibordinste tc oll ov tho terms, ccndltiona, corenents, re- strictiono, uses, lie:.9 for ociamon expenrna sna othor vt ins'_':rr created b; t1-.ie Declaration, r the Articles of Incor,oratior, cnr; the Py-Lowe for the Asaoc:stlor. 2. 1.6t t1.c .ncr:6a,;*,, 'ur,ivr er.y Ju:.l�: r:ortgsge l,tul: relo, 1%09 u: il.. per;,cso or-"mtor.tion r.r a.,, i.-iprovemsnts 0'. i��:+ �, ,e �t;� �..Y� �-Y,•._, � . ,.� tti. ':fir =399f�. t' upor tt:e ttortsaged promises, all of his right, title, end n and to the proueedi un� interest ier r,12 insurance policies upon sal!remises by the Association. ?uch releases shall be q i, !'fu`:anag rnished forthwith by o junior mor:bageo upon anagers request of one e: sore of tho members of the board of era of the Association., 27. '� sociation a Attorney -In -Fact. This Declaration does hereby merle man u ors the rrevocable appointment of an attorney -an -fact to heal with the property upun its daa+ade, sr:< do�truotion or obsoledcence. � Title to an; condominium unit is declared and expressly made subject to the terms and conditions hereof, sni accept- ance by any grantee of a deed or other irstrument of conveysnoe from the Declarent or from any owner or grantor shell constitute w appoir,tman; of the attorney herein provided. All of the owners irrevocably conW tut, and appoint the Association their true and ls.wful attorney in their name, plsoe seal stead } for the purpose of dealinC with the property upon its damage, C Lion or obsolescence he it hereinafter provided. As A es ruo attorney -in -recto the Association. by Its President and Satire - attorney -in -recto Lary or AssistenC Secretary, ^hall have full and complete auth- r',�.°,`,;;'orisation, right and power to make, execute and deliver any c contract, deed or any other instrument v;th respect to the ... interest of a condominium unit owner which are necessary and appropriate to exerelsa the powers herein granted. Repair and ;. ;f`' .�.• reconstruction cf the improvements as used,, in the succeeding -� tially psrsgrxpha e:eens restoring the improvements to substendemsee tl,e same condition in which they existed prior to the damage, , :.;: ,. t.:;, {-: with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries I ea' before.' The proceeds of any insurance collected shall be availeDle to the Association for the purpose of ro air, rector- ;r;- stion, or replacements unless the owners and all first mort- .^,;;- gageea agree not to rebuild in accordance with the provisions f set forth hereinafter. I 27.1 In the event of dernage or destruction due to fire or other disaster, the insurance proceeds, if stifficlent to `y reconstruct the improvements, shall is applied by the Associa- tion as attorney -in -facto to cause the repair sod restoration of the improvements 27.2 If the insurance proceeds are insu:ticient to repair and reconstruct the improvements. and if such damage 1s deter -' �;.� Pained to be not more than sixty per cent (604) of all the ,:, do - condominium pt�party, not including land, such damage on de- M;•; gtructlon shall be promptly repaired and reconatruoti�n by , id.;' the Association, as attorney -in -fact, using the proceeds of lt.surance and the proceeds of an aeseasment, if the ir.a{ ^enoe proceeds are insufficient, to to made against all of the owners and their condo.•ninium units. much deficiency assess• r dent shall be &.common expense and made prorate according to ;, arch owners percentage interest the general common eletnente, - and shall be due en3 payable within thirty (30) days after -c t written notice thereof. ;we Association shall hate lvll.auth•_'{ on ty, ri,,ht and power, as attorney -in -fact, t� cause the repair or rostoration of the improvements using sll.:of the insurence proceeds for such purpose notwithstanding the failure } of an owner to pay tt,e %ssestment. The assesamer.t provided S. "..,; . - for.horein at, -In be a cebt of each uwrfer end a ted s his condominitm unit and may be enforced and collected as is pro- vided in pers�re;,h 24. In addition theretc. the A �oaiat on, ga attornoy-ln-fact, ahnll hsve t!:e sbsolute rigt.t a�'' power ' •' to sell ttic ccnr nminiun unit of ar.y owner refusing or !ailing to a such deficiency aseessmant, wi'.hir, the time provided, endIfnot ac ppid, the Association sY.r:' cause to be recorded a notice .hot the c,ndoniniun unit cf the .' r nluent owner shall be gold by the Associgtio:., se Attorney -in -fact, purnusnt to the provisions of this perst;rnpti. rl:e dellnque:tt cwner shall be �ren•uired to Jay the Associstion the costa and expenser for VAVA 7. =399 GG3 Interost on ,STOU tsn aff the us$#' smart at tue rate of eighteen per con riling t h0 notices, t. t tl8reasonobte attorneys, costr, incident to a gala- The Frooseds derived from foes and A tile sole of such condominium unit shall a used and ul"Duviv in the following order by the Association as attorney -in -fact, 27.2.1* For Payment of taxes and special assessments, lions in favor of any assess -tent entity An4 customary expOnADA or sole{. 27.2.2 For payment or the balance of the lien of any xj rirat, mortgage)rK 27.2-3 For p55r-ent of unpaid common exp(naeB and al . 1 costs, exponses and fees incurred by the Associationj `1(5 27.2.4 For payment of junior lions and oncumbroness in. or their orlorityl and r it the order of and to the ex en The b.Alance, if any, shell be paid to the unit q. :i owner. 27.3 If t*.-le insurance proceeds ore insufficient to repair and reconstruct the damaged improvements, and it such damage (60%) or all of is daterr'ned to be morehen sixty per cent ircludirt; lend, and if the owners _4 tY the condominjur4 property, not representing an aggregate ownership interest or fifty-one p*r-��... do not cent (51%) Or more, f the general common slomen&s (100) del* thersafterp make , volunteriII6 within one hundred for reconstruction. which plan r-ust have the unanimous provisions -consent or every first mortgages, the Association l or-consent forth such fact or foots J 2rodapp, forthwith record a notice setting the recording or such notice by the Associstion, the " and upon entire p-emises, including the domaeod part and the'undssaged, attorney-in-fact" C 141 part, f' h 11 be sold by the Association rovisions free and clear othe other . p for of the owners, in this Declaratitn, the Condominium Map, end the containal By -Laws.- proceeds shall be collected The insurance settlement pr shall be divided by the, by the Association, and such proceeds Association according to each owners percentage interest In the general common elemants, and such divided proceeds small be such account representing e paid Into separate A0.10111t3sach of the condominium units. Each such account shall be in one the nano or the Association, and shall be further iticntified and the name or the owner. _R by the condominium unit designation separate account, the Association as attorney -in -tact each shall forthwith use and disburse the total.amount of each of rr%-.m one account to another-' ri�. without contribution such account ra t:-.- toward the partial or full pa or the lien of any lment mortge6o against the c M n um Luilt r prevented by such ondo I a Thereafter, seek, such account shsllbs ou separst& Ocount. by the apportioned amount of.the proceeds derived b plariented r the entire property. Such appfrtionm ant ails,, the sole 0 e interest ln� V�, based upon,ascli condo nit;m unit owners percentage '1 t The total 'undo of each alaoun the et)nqrsi ou",on ale -tents. I j-U30d and ditbursed, without contribution from one— *bell*' t to -another, t)y the Association sttornej-ln-wroct or�,:3 rits is provide i JAI,-," 11 A for tLe ,Iamu purpose and in the suss subitirs6raph 27.2.1 through 27.2-5 of tide paragraph. 27.4 If the ounier"re;)res6nting an segregate O-smarsnip 4 %r _,ore the ­ interest cr fifty-or.e pertent or 0 general ,iAiich Ilm has lfor reconstruction,l gdo;�t a pan Mon elements common then al the unsnim-)us Approval o,, all fire. mrtgsg@63 I the owners shall be bound by the ter.np and other provisions t mad, i it, corLn*ction with such of ouch Jan. Any assessr;pn plan shill be a covinon ?%ponse sn6 made pro rate according to each owners percentage interest in the general common by the terra elements and shall to du- and ps7ableyrovided than sixty 00) days after written of such plan, but riot soc.ner H •,: `tl '•>, pia:'*�� . • : �♦ '. '� _ =399. ram' ..664- notic" thereof. ;ha association at'.all have full anthori' y, tY.s repairor a , y� right and power, as attcrney-in-fact, to ca.,ae using all of tt.e insurenc" procee d restoration of improvements notwithstanding the failare of an owner to pay for ruoh purposo r.avoasnent. TT,e aasesoment provided for herein shell be e unit btid i V4r w t -dcot of.enoh owner and a lion on his condo:ainilue se.is provided in par6facthahall.."= may be enforced and colleoted In addition thereto. the Association as sttornej-: unit vL > Inthe abioluts right and power to sell tr.e : au minion ' refusing or failing to pay such ate anent within or &n' owner , the time provided, and if not so paid, the Asso,!&Lion shell unit of the' ~` &suns to be recorded a notice Chit tho oondominium shall be sold by thetAssocistior.. doosr's. -; delinquent owner theThe quent owner -shell be ruq ►iced to pay try rats of ".. nd expense& fur filing the notices, interest at lInd een percent(18Y) ;or ennum on the amount or th- assessment I r and all coats and reasonable attorneys fees. The &roc+sda condominium unit shall be user Jc derived from the sale of such ct and disbursed by t,)e kbeocistion, as attorney-ided in, for I, ire n b som+ purpoess end in the as -no order as in provided paragraph 27.2.5 of this paragraph. t 27.2.1 through 27.5 .r,e owner&, representing an aggreeate ownership the general r interest of eightj per cent (50%), or more, of th eneral ooraeon eluments common elements map agree that e g + for al and amort- ._ �.._ are obsolete and sdopt plan approvalofall first tion-Mrit h plan has ,the unnniawuS &PP '•''�^��j^' sgees of record at the time of tue�adoptio,doftodd, notine off'. is °9 . _ qq a planfor,the renewal or reoonstruclion be reoord,y�bleand of al and rF `< all,ofnse such plan shall bythe 1' the ownersrenewse common. reoonstruotion shall be party to such. not 1t '21 ;. expenses! provided, ho*<ler. that an owner .a o. reco^s.r::ction may give written notice.•1'; plan for renewal to the wbacc'_etion with!«{fifteen (15) days after the date'of. be xr adoption if such plan ts.�: ••,eh unit shall purchased for the fair market velum t:.orecf. Aeso- «• the Association than Katie thirty (30) da;Ya thereafter within the l elation s:.sll 'f such plan is not osncelled, <, which to cancel such plan. condominium unit of the relueeting owner shall be purchased duree If such owner and :he accordin to the follovine proce Aaaociatton can sgr`ee on the fair market value thodoos'then 3. 1+;4 such sale at all be ooneureinablethin igree, the dot*when { ' after. If the parties ! " either party notifive the othe, thrt or it Se unable to agree " with the other shall he the "oo,,roenovr.ert date" frees which •*en erlods of tine mentioned herein shall be nessured. Within t0) days foljowinZ th5 co,.•,oncer,3r t dete, each party shell } nominate In writing (and g_7• nnticb cf such nomination to the MR other party) an appraiser. lr either party fxlthinails ofivee(5)ahV a nomination, the appraieer l'o,•.'.r.t+d e..*lloint an Associate � r� days after de':ault y the ot..er pprt7► edpal noted or selected with t' 1 another appraieer. they shall appoint another _ appre'sera are unat,le, to st;ree, appraieer to De unplra between Cher.. if they can a ree on suah•L` re. each person.' If they are !•sable to earen upon such u1p appointed u1.all nowinaie two appraisers, T t epproieer prowiously four edpralaers so n Iron the narisa of the cnlneted one the oxncr anu ue drawn by lot byaiser appointed by at.all trte appr erson e the t< in t:.s proeehce of`the other ►l,�rslser,�edneninations from 1Le the until re. g "a� nan.v la so drain s..all the ur.plre I. to be drown by lot el,ell be submitted within"..' whom ton (10) d+-� of the failure of the two appraiser■ to a�ree. than twenty (20 days; which, in c.j event. shell not be later the appoi►'tment of the second appraiser. The dor-in he I folloxlne cision o. the a;praisere as t° thil,�adcrislonir tofathe �umplreethe their of se disagreonAnt, the case n 1 case ce f=r.a1 and b1n•ilr•e. T..e sap` ee and fees of Such sp- i praisers shill be horns equally by �.:- Association end the owner. �. n` 'I ?% 99 m,-.665 r ::;'"~.The 410sholi be consummated, th I m fifteen'(15) .:after*" sitl the Association, 45,Ittormey-im-fIet.-shall disburse same order es it Urpo%*s and In the the proceeds Jor the same .2 through 21-1.6 Of this Provided In subparaqrsph 2 graph, except mooifisol. hersin AN j�aagjrg9&t4 ownership into-'' 6-_,jho, owne es, representing more. e 9 of the general co mOn' eighty percent (M) or il rest of I tgagess me. 0 h4r.w th all first mof V agree that th solonents,toget re obsolete and that the Some should be Sol I condominium units A - N,,In such. Jnstancq, the Association shell forthwith record a no I such feet or facts, and upon the recording 1 1. tics settim ant and secretary 0 OtIce by.'the Association's President Id by the Assistant See atery-th # entire promises shall be to Association as attorney -in -fact for all of,the owners..frof and ions contained In this 0 claration, the HIP clear of the provis a do Shall be apportioned bet;t.,, -Laws.' The s:j:j,procs@ i r and the By -s percentage interest" a of�each Ownel neon the owners on the in the general Common #1980mts, end such apportioned proceeds separate Accounts, each such Account re re. !.shall be paid into I be :,- tenting on: (I)tcondominium unit and each such ACCOU11- I of he Association and shall be further Identified in the BAN unit desiln&tIon and the nam*Of the owmsr.I�,.. by the Condominlu:, -in- cco u nt. he Association, as attorney from each %#Perot count (of each) of such ..fact shalUU841 A"d'di I turse the tot4l withoutcon ribut ! In-' '� - t ion.fror out account to another .:�sccounts v mo order as is,proVidtol same:Purposes and in, the:same for. the, 2.5 of. thij-parogreph. j t7 bps Mrs Ph'..21 +.1j.th rough on c at r# fno Common sa: Parse al Pr 1�'ggy acquire on; he ownerl 0- &C Or a 0 attorney ,h oldJor.thf U4C&0 'benefit-of allo t the co ndominium ium unit ownersi:roft tangible. and Jo.tangibie personal. property and nadjsposO;*Ofth -stseby jal* or.otherwiss.Tho'bentfiCIA `:interest W.ant,such property shalt bu owned by all of the 'Condomlftium;unt owners in the s4mr 9r,)portion IS their resp ec I C,)jowon and such Interest •tive interests I ft the go transfer of atlr .3�zppt with a I.."; therein shall not be transfer jnI t shall trans- ,;" unit; A transfer cf a o; ondoelPius condominiv of the transferor's beneficial a for to tho;transf roe ownershipo. Each property without any reference thtret interest In such i property r party in accordance with th a purpose for owner soy use sue 0 himg u on the wh Ich'it is intended without hindering or ancroac I rights Of the other owners. The transfer of tit 0 to 8 lawful entitle th urchaser condominium unit under foreclosures I property Palsociated to the beneficial interest in such persons •Wlth..the forOCIOSId-CORdOmi"Un unit. and Ce C1 On Prohibi A —I Lf LA-8—a the coom A61106ho or kept I any un or J. NOW 0 *1. elements or any part thereof-wh Ch would result I'% the come lation of he-insuramc:tOn the condominium buildi "I s or other -F, -thertof or which would result In improvene ts or a 8 pa - thecondominium Increase,"a the r t 1 064 ale of the on or GRY part thereof over wh a - dials or.other Improvements u t wr 4 �- 1446y, witho t he AssociatiOn--but for such activity would r I AssoNstion. Nothing shall p ior.writteft consent of Or klj or In the Congo; iolements.or, a MY URI t done orloopt-Ift A a rdi­� Ir t tl_* olation of my statote, r of,.whigh •would be in Vt dly imposed requirement perr.ji; or other Vill VP "ABC or waste of the Cos. of 4 Ow rnmental body. No damage to *-committed by gove .,y Part ther moor lognts or am :of . sh&dl*l&;Ck owner , shell I I ndyewni @6 of any owner. am per. or ;Ry.jovit owners,harmloss a Ainst and the other 'And- h:1sxth:.:As9OCI11tio -waste caused Y him such damage or ulting from BY all I is, or offensive activity : il, destructive. his 1011004s.;- me no ous It or in the common elements or y shall be Carried ON In a done therein which VIA f, nor 1MI anything b t thereof, .1. any part may become a" annoyance or nuisance to Any other owner or: be or 0 to any perion At AMtime Is fully residing in the condominium w kT..4iAlnat or other improvements. -14- 4 M2 a 4 ;:Z 'A 4" 0 111 by bec4rant, RI h f firfuse unit Pn *Oke—v Fe J Lli a condominium it bholl r of (a I any owner # . wish to 9011, 104sto Or rant a condominiin unit A ahal: have received a bone fide offer thereof from a prospective Pur titnanti'thl Deelp,ant Shall be given writttl .Chaser. lessee or notice theirof together with an*xe,..,i%e.1 or chint copy of be deliverod'.":' I ' such offer. Suchnoticeand a COPY tersof shall the board of Managers who S hall nutify the Declarant of to �,%40__potf ce and -offer. The Declarant Shall have the ri ght- to subject condominium unit Upon the h lease or rent urcas* t the ri rovided -11" conditions As W forth in the offart terms and �that duripq thetwenty (20) day ot riod immed Ately following to purchases lease-., f such the notices written notice 0 u election Ming, leasing, or renting own*r-and lw! 1r, ran'. is given to the 90-d1posit ---match4at— 0 -p&yment-or is p!11 to an escrow agent. a d w" Multantous and ;All ownersofcondominiL iv units she Ceiv" Identical notice as the Declarant. 4AI I owners )kt the tire Of such notice shall have theI a r refusal as ­ &S In Paragraph 33 c)), but exprsss- provided Declarant right of first refusal. 'n@xC*P: subservient to tho Declarant's f .1y li,the event that Declarant chooses not to exercise the right o then the Roard of Man I ors shall provide notiCer'" first refusal, to those owners that tooled tids shall be submitted within-15 days to determine which bid shall be accepted. . I r, (b) The right of the first refusal herein provided shal1r, ' 41" J, :,Pat apply to -lasses, sublesses.or tenancies having A term of'',.;" least or tenancy Shall, torg, but any such Jo ear or a lesser yrCOMplJJnCG With t nor a :*t xtended.except b 0 renewable irov 10 1 On$ of: Pgrlgr&Ph., 30- Z ' thetve"t-an attempt-totease, ;'T iorl,rent his:cn,domiAiUU unit affordingto the Declarant the. such lease, $410, or.k .right of,first-refusal herein provide, shall be'voidable by Declarant within ant year after 0.' rental any-such sale;,leasaii" or -,rental and the.intended purchesro and removal..: %Ios%eoii or tenant shall be subject to eviction - so,'with or without process of law. forcible and othervi The 'subleasing Or subromting Of said Inter 0 st shall applicable to the ''bi subject to thp Sena limitations as are leasing or rentiq thereof. The liability Of the Owner under and by the provisions contained In this Declaration shall have leased Conti pug 4 notwithstanding the fact the t he way herein. .or rented said interests as provided in no . Case shall the right of first refusal reserved to subject his condom here I a affect the right of an owner .-Mium unit.to a bone fide trust detidii.mortgage or other bec . U - tastrument- 4 --Tht or-refusal by'the Declarant to 16xGr (f failure oft rchass, Is@ or rent shall not a he right to SO Pu 'as S I be of such right to pura- .Constitute or be doomed to a waiver leassI rort when an Owner receives any subs*qvqnt:l Ch '! " purthaser, losses, or :$60;ide offer fro-. a prospective e. tensI 'right of first re-'ussit at rovided hiriginrehill"._�'. J1 C ext end and runs 1) for. the period of lives Of Ifr1d the survivor Of the4j..j'!,�k*- o� Nieholsop and Elizabeth A. Nicholson,or '2) wn til neither of the Dtclarant$rOW*'say V"t t 1-i n' th -or pr;jQCt#.whJchGver shall first occur. (h) except as is othmi:etprovided In Paragraph 31 and -except,upon't rinsfor of title o a Public Trustee or to by a ,wortla so, each and every co"V*Yal nce grant:rWoof Oill be, for all WPOSIS deemed t I nc I u Ja'.. 4'. atwo unit condool Inc* an a re vI to in such Instrument Of conveyance t a sad incorpor a f Of the 'rig th:fgr:ntes carry out the provisions th t aragraph. first r us as provided In this P a in f; �••G s��-..Yfrr+ i '�Yi1F.�^ I � � •� . i • ��.• �, t'jL•ri i��'� r 31. from P•iQht o! i1rs� Re PAl - Fir ,} Y: rMor_tq_a eet. In a event of a au on't • ar o an owner under any first mortgage which entitles the holder thereof C. ,: L•;• to foreclose tan•. any sale under sich foreclosure. lncludln9. {%'`•'' delivery of a deed to the first nortoagee 1n•11au or such +M: r;��; y foreclosure. shall be made free and clear of the provisions of pparagraph 30. and the purchtser (or grantee under such deed, c r In 11eu of foreclosura, of such con�ominlula unit shall De , `Fr{jr.''`'_ ✓r �'{''-s:'' ' ther•uD'� and thereof ter subject to the provisions of this Declaration and the By -Laws of the Association. It the purchaser: r fO110Min10 such iorerloture sale (or grantee under deed glran t' 1n 11au of such foreclosure) shall be the then holder of the ,•s: first mortga9R.Or Its nominee. the said Molder or nominee a` may thereafter sell and convoy the condominium unit free end ( •• d clear of the provisions of p+r+oraph 30, but its grantee shall a P thereupon and thereafter be subject to a.l of the prorjsons 7 thereof. J. . `, t!� t 32: Exemption Fro-4 Ri ht of First Refusal - Othir. ..f i .,• •J a:i AA The following re also exempt rom • rant ers aprove ons .... +i of paragraph 30: h (a) The transfer by operation of law of a deceased C' f joint tenant's interest to the turv4vtl.9 Joint tenant(s)i � � d yes:, 4 (b) The transfer of a decaased't interest to + R,.• ,��• 4 devisee by M111 or his heirs.at�law under.lntestacy caws: r' 3 ,�..,._ T - (c) The trtnsf•r. of all of any part of + p+rtner'sT-4 },r, L lnterest•as a result of,w/tddr+�+1; de+th:or otherwlte.M r1�C� 'fir.. �.p :.J•i' •::.F- i.• �'. to the remaining partners cartr1ng on the P!rtner%h1p butl•ess"•:J'..'. .;_.: b >� ; ,,_:.;..{ . ,,' ;;•` and/or to.e person or persons- ecosing ps' Inter A transfer �• f `i#P-�, . a of ally or. part of.+ partner's or partners' `nterasts between �, partners t „�,yone orLmore.partners and/or to persons betoa►Inq (d) The`.trsnsfer by gift; r t- yfi (e) The t;+ntter. of an owner'+. interest to a 2 trustee. (f) The transfer or convarance by operation of ` law or otherwise of the interest of an owner to any other n x� co-owner. where such co•own•ro htidtlt a to +unit as tenants- aT In-Common Or at joint tenants. •:� The transfer of an owner's interest by treasurer's d:Jed pursuant to a sale for delinquent taxesor by :;� �;; sheriff's deed-pr�suant-to A. judgment execution stle. ' ,•.�', �. (h) Tka trswafer of a corporations' own•rsA1p `,1� +f `. c�. :. � L^�i, lntirest to persons owning stock• 1n the corporation at a result of a dissolution. lstrlbutlon of a dividend. ■•rgar lip, or conaolldatlg7� The first sale or transfer of unit by Doclarant ?fit Such ptrllsons. owners grantees of donee% acquiring an ��, ,:...,,. interest shall be subject to all of the pro�tsions of �+ .�+�• paragraph 3G except as 1s provided herein. , .- I f1 at of • ltance t f fus UPon wr en reques o my Prospect rc rant reef ,its t::fil �a•r�`? putt aser. teeut or a prospective sortAag•• of a tundotlnluA unit.• the Managing Agent or the Association brr 1ts Secretary F sA+11.1ssus a written and acknowledged,coetiflcatt in recordable b i x:• t' nr ertdencing that: io (''`.�' 9' r`r �,rr'.--`• �u+.}`,' a1M1th respect to a proposed 16890 or sere undel' ppare9raph 30. that proper noticwas given by the %elllag Or ,. `leasla2 owner and that the 0•clae rant did not elect to A �exercise, Its option to purchase or lease: i T. ..,.-.-T— �.. .........w:.+a. y •'� 1�Tr::ti^:r.►r'1i:1 aaf.-..1:a. l.re..►�.r ns--�MAAM c.►r� w......�...��.. (b) With respect to a deed :o a f:rst mortgagee or its noa�inee in lieu of foreclosure and a deed from such mortgagee or its nominee. pursuant to Paragraph 31. that the deeds ware in fact in lieu of foreclosure and were not suhjtct to the i provisions of Paragraph 301 (c) llitrl respect to any contemplated transfer which is not In fact a s•rle or lease, that the transfer will not be subject ;4 C to the provisions of Paragraph 30; and such a certificate shall i, be conclusi're evidence of the focts contained therein. The provisions fiat forth in this paragraph shall not apply to the "`rt initial sales and conveyances of condominium units made by the IDeclarant. , 34. AeSLIttre t ion of ME I I I ng Address. Each owner and the t Declaranina req s er s •r ng address with the Associa- fi tion, and all notices or demands. except routine statements and notices. intended to be served upon an owner shall be d i the name sent by certified mail, postage Drepaid. addresst n of the owner at sich registered Bailing &dress. All notices. dam andsPPp or other notices indended to be served upon the Board of Mana�ars of the Association or the Association shall be tent certifi d mail. postage prepaid. to 1525 Silverkinq Drive. Aspen, olorado 81611 until such address is changed by notice of address chaolge duly recorded in the office of the Clark and Recorder. City of Aspen. County of Pitkin. Colorado. 35. IP riod f Condominium ownership. The separate condo- ■1niu■ ppsta es create y tDeclaration and the Map shall c0 tinuja until this Declaration is revoked or terminated in the same manner provided in this Declaration. 36. ben ral Res rvations. Declarant reserves the rigyht to estab t easementse reservations, exceptions.and exclu- sions consistent with the condominium ownership of the condo- minium project and for the best interests of the condominium unit owners and the Association in order to serve the entire condominium project. .17- ..lr i. , ao,.t M309 66 37. General. 31.1 If any of the Provisions of this Declaration o r I n y DOI I c ation. paragraph. sentence. clause. Ohre so or work, or the application. be invalidated. such Invalidity thereof in any circumstance shell not affect the validity of the remainder of the Doclar stion and the application of any such provision. paragra 0'. In any other circumstance sentence, clause. phrase. or word not be affected thereby. 37.2 The provisions of this Declaration shall be In addition to and suppijeental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. 37.8 Whenever used heroin. unless the context shell otherwise provide, the sinQular number shall include the plural, the plural the singular. and the use of any gender shall Include all genders. 37.4 The provisions Of this Declaration shalt be liberally. construed to effectuate its purpose. IN WITNESS WHERE21, Declarant has July executed this Declaration -this ZOU day of dCr0/1" Docidranti AlfO4d C. Nicholson za e nn lilt o son STATE OF COLORADO SS COUNTY OF PITKIN Thq foregoing instrument was acknowledged before me this day of 1980, by Alfred C. Nicholson. 4141t"Iss my hand and official Seal .—ky.1—Mission Expiresi Publicr Rotary OF HAWAII SS COUNTY OF HAWAII Z.e L Tkd foregoin t !��. was acknowledged before a a Ann Nicholaofta, IJ6- dAy Of 14F10. by Elizabeth Witness y hand and offi I I I 14Y Commission Expires: Notar Public 0 TA _13 1.4" 3 L LL or le- I R AJ f llw'l AMC_ z 670 EXHIBIT 'Am ji TO 14, PARK CENTRAL WEST CONDOMINIUM ASSOCIATION, INC. CONDOM] -t - NIUM DECLARATION wk 4 Unit Designation Undivided Percentage Interest", #I (One) 02 (Two) 03 (Three) 04 (Four) 8.741 8.74% 15 (Five)rF 8.47% #6 (SIX) li 07 (Seven) 8.95% fS (Eight) 3.391 19 (Nine) 3.391 3.20% flo (ran) fe-I (8-one) #101 (One hundred and one) 5.301 0201 (Two hundred and one) 02.901 .#301 (Three hundred and one) 3.961 TOTAL I Of)% .19- On 4 11 0 0 EXHI BIT 5 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Alice Davis, Planning Office RE: Park Central West Condominiums - Amendment to Condominium Plat DATE: November 11, 1981 Location: Lots K, L, M, N, 0, Block 75, Original Aspen Townsite; 210 E. Hyman Zoning: Office Applicant's Request: The applicant is requesting an amendment to an approved condominium plat necessitated by a surveyor's error. Under Section 20-21(b) of the Code, the Planning and Zoning Commission grants final approval on an amended final plat where the amendment results from an engineering or survey error, Engineering Department: The Engineering Department feels this amendment to the condo- minium plat is not an engineering or surveyor's error and thus, should be required to comply with subdivision regula- tions. Engineering feels the change results from a developer's error since the platting was done twice (1978 and 1980) by two different surveyors, both obtaining the same number of offices as found in the unamended plat. Other continents by Engineering include: 1. The change does not increase the floor area. 2. The change will form an additional ownership by adding a new condominium unit. 3. The units in question, 201 and 202, are not numbered the same way on the plat as they are on the building and should be reversed on the plat so the numbering agrees. City Attorney: The City Attorney emphasized that the proposed change should definitely reflect an engineering or survey error or the application should be sumbitted to subdivision procedures. Planning Office Review: The Planning Office, after assurance from the applicant verbally and in writing, feels this change in the condominium plat has resulted from a surveyor's error. The amendment is to allow one office, Unit 201, to be split into two offices, Units 201 and 202. The total floor area will not change. The wall separating the proposed units is currently in existence as it was part of the original plat. The change will result in one additional office condominium unit. If the Planning and Zoning Commission disagrees and feels the application should go through subdivision procedures, the application should be considered as a subdivision exception. Thus, instead of granting approval under this special review (Section 20-21(b))the Commission should make a recommendation to Council regarding the revised plat (Section 20-19). Planning Office Recommendation: The Planning Office recommends the Planning and Zoning Commission grant approval of the amendment to the condominium plat for Park Central West under the special review described in Section 20-21(b) of the Code subject to the condition that the numbers on Units 201 and 202 on the building coincide with the unit numbers of the revised condominium plat. EXHIBIT 6 RECORDED AT 41OI P.M. 21 DECEMBER, 1981 LORETTA EAMM ER, RECORDER !.Ah =%943 . FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR PARK CENTRAL WEST (a Residential and Commercial Building) WHEREAS, the Condominium Declaration for Park Central West was recorded on November 11, 1900 in Book 399 at Page 652 (Reception No. 228754) of the records of Pitkin County, Colorado, and WHEREAS, there are certain errors on pages 1 and 19 of said Declaration, and WHEP.EAS, paragraph 19 of said Declaration permits amendment to said Declaration by the consent of 80% of the owners of said units and all of the holders of mortgages and deeds of trust, and WHEREAS, Alfred C. Nicholson and Elizabeth Nicholson are the owners of more than 80% of said units, NOW, THEREFORE, Declarant does hereby publish and declare that the following amendments shall be deemed to run with the lat:d, shall be a burden and benefit to Declarant, its successors and assigns, and any person or entity acquiring or owning an interest in the real property, improvements, devisees or assigns. 1. The first page of the Condominium Declaration for Park Central west (recorded at Book 399 at Page 652 of the records of Pitkin County, Colorado) is hereby deleted and the revised first page attached hereto is hereby substituted therefor. 2. Page 19 of the Condominium Declaration for Park Central west (recorded at Book 399 at Page 670 of the records of Pitkin County, Colorado) in hereby deleted and the revised page 19 attached hereto is hereby subctituted therefor. Except as amended herein above, all other terms, conditions and obligationp of slid Condominium Declaration for Park Central w6st shall remain in full force and effect. n i 4 I IN WITNESS WHEREOF, DECLA First Amendment to Condominiun day of December, 1981. DECLARANT: STATE OF COLORADO ) ) as COUNTY OF PITAIN ) The foregoing instrument ;� me -this day of December, `•`,CTnR My Commission expiresi___. 'Ili .......• '�.�� e 1 l -2- t F_''y�.�^t'.: .. ��� r,.�,wALJ„ Mtn^��r�.�w� i r� w�.�� .wr��.++�.n �+.�...�..++� �---• � �1 - . _ ^.yr � �� • ((({jam CONDOMINIUM DECLARATION FOR PARK CENTRAL WEST i (A Condominium Residential and Commercial Building) THIS DECLARATION, made and entered into by Alfred C. Nicholson and Elizabeth Ann Nicholson, hereinafter referred to as 'Declarant'; I I d I T N E S S E T H: wHEREAS, the Declarant is the owner of certain real property situate in the City of Aspen, County of Pitkin, State of Colorado, described as follows; Lots K, L. M, N, and O. Flock 75, City and Townsite of Aspen Also known as 210 East Hyman Avenue and WHEREAS, the Declarant has improved and is improving the above -described real property with a residential and commercial condominium project in the form of two (2) two- story buildings, which will,consist of ten (10) residential condominium units,:four (4) commercial office units, and one (1) basement storage area, all of which will be treated as integral parts of a single condominium ownership project; and WHEREAS, the Declarant desires to establish certain rights and easements in, over and upon said real property for the benefit of itself and all future owners of any part of said real property, and any air space unit or units thereof or therein contained, and to provide for the harmonious, beneficial and proper use and conduct of the property and all air space units; and WHEREAS, the Declarant desires and intends that the several unit owners, mortgagees and trust deed holders, occupants, and other persons hereafter acquiring any interest in the property shall at all times enjoy the benefits of, and shall hold their interests subject to the rights, easements, privileges, restrictions and obligations hereinafter set forth, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect of the property and are established for the purpo3e of enhancing and perfecting the value, desirability and attractiveness of the property. ' m `i . ,'e w w ;.fir I E)MIBIT 'A' 1 I f Yj�;�� • �j TO `✓rSl.i.` N PARK CENTRAL WEST CONDOMINIUM ASSOCIATION, INC. I I rj j`tt I CONDOMINIUM DECLARATION N X Unit Designation Undivided Percentage Interest I1 (One) 8.631 I I 12 (Two) 8.64% /3 (Three) 8.74% 14 (Four) 8.741 15 (Five 8.74% 16 (Six) 8.47% 17 (Saven) 8.95% 18 (Eight) 3.39♦ 19 (Nine) 3.39% I10 (Ten) 3.20% IB-, (B-One) 6.84% 1101 (One Hundred and One) 5.301 i #201 )Two Hundred and One) I i20 (Two Hundred and Two) 3301 (Three Hundred and One) TOTAL :, F: 1 IL A ' �� :..lr"a"r� \ , i �''r ' • h!; .— ., .., is — ,► ,.•?..o �G::.t.i..d.: � Tr ,,. � _fir • tl�^——..,.r- ....• owl t ..t► : �J r 4 : 03 R^cnrdrA at rk P . M., _ 23 necrPIBHB, 1981 y p, 97 Herv• tlnn ��. S►�1 �LORF. �• � • \ � ' •, P I TTA BANNER Recorder. RP.CORDER'aarAMP C �� TIIIN Ue►:u %la.h• w1, 18th daynf Decemi•eg r _ ;x Blt-tw Alfred C. Nicholson and Elizabeth STATE Ur I", FEZ ll A. Nicholson nrine hh11 q (���]j I ; Ll.lac�� t'onnry..r Pitkin L'Lv Fir 9V� i. �• ann4laMo;lnln• t 1 t rs•to,.rfthrnr-tpwrt.nnd Go -ding Invest:aent Co., Inc. pa h .-, ll ar rr,rra t inn ora and ted a nd 04 �r I'1-u•itne untle,and It) v i r to r. ft he la w. of t l r.l'( wle..( Colorado, I -----__— --, l rthr.ernndi.art:al,...ele„aladar.•..,• 3801 Brighton Blvd., f1 Denver, Colorado.80216 L� I 'AITNIll'TI1.Th.ttIe a.drart ies ofthefir-lpare,f-rsndineonaiderationofthesumof O TEN DOLLARS and other good and v-1luable consideration J69fWAY / 1>. `IJ tothe.:t..iparties..lthcfit •Ipat tinhand pitdbythe %aidparty ofthe seeondpartthereeeiptwharvofis (� hrret.y n.nfr••-.I and so krnw lydRe.l, hiVerr intrd, harRatned. sold and conveyed, t nd by these presents do Front, 6ilrRatr, -rlt,-,,n,r, an-1 c.,nftrrt, urto lhr •a.., party of the .rcnnd part, iti suceesaors and sssirn forever, C.) r3 A,,o•( 11v-n .• roll... mtr drlted lot or par. el of land. -it uste, 15 ina and Iwinr in the l'o.0 1tv of pitkin and .tAle •tf 1'el..t wd,.,rn wtL• Unit 202 PARK CENTRAL EST according to the Re'-ised Condominium Map appearing in the records cf the County Cleric and Rec:)rjer of Pitkin County, ;I Colorado in Plat Dock 12 at Pag•_ 44. Pitkin County, Colorado. it II &I" littown an street And number 210 E. Hyman Avenue, Office Unit #202, Aspen, II r• i Colorado Tl :ETHER with all an.l 'neular the herrd•taments and art.ttrtrnance- thereunto belonrinir or In anywise +� n;tprrt�intnR, and lhr revernun and rear-r-inn., rrm.inuer and renia-nd,r.. reels, issuer and pronts thereof; and all IIthe --tat-, right, title. inter --it, claim ar.,l demand whwt•never of the -std part ie8of the first ps-t, either in law or �equity, ol, in and to the nhr.v-e hrrlroined prv-nl i. wit h t!Ir heredttnments Ind appurtenances. I TJ HAVE ANDTO HOLD the snid premises ti mve bargained an(; de-cnbed, wilhtwt apPurtenanetrs, unto the said I; Party ofthese.condpart. it%nuccessoranoReeti•ns!•Iev.•r.And :helaid part ie£ ofthefirst part, for Iitherliltieir-,exrcutore.and admini-tratori,do covenant. grant. harrrsina•idagree toand with , the .aid party of the second part, it . suarcesor- and .sairris. th.t at the time of the -'nsealire and dolivety of these presents. they are rllsris,dofthe premiae.above mriveyed,asofillsure, k rert,abaolutewd I indefeasible estate o: inheritance, in law, in fee si.nple, and h4r�' and ntht. full power and lawful authority to want, iit harrrain, sell ap.l convey the same in rior,ier rn•l fnnn as afot eaaid, and that ill same are free and dear fit,m all l t furmer and othrt grants, bsl Rains, sale-. liens, taxrt., seK.amrnts and encumbrances of whstrrw hind or nture >_ i anever, except for real propety taxes for 1931 slue in 198'; rostrictl is, I�covenants, conditions, ia"(, e-' d — ow aIA-00ir Subdivisio Agreement, and Easements of record, !� and the above bargained premises in thr quirt and peserful Irts.e+-ten of the said party of the s-cond pa, 1, Its I - 1 auccrssor snd P-twns. aRainal all and ever r,n Y W n or pr r.on- lawfully claiming or to -.aim the whole or any part II t4orrof. Cie said liart iefilthe first part shrIl And w0l WARRANT "SD fORFVER DEFEND. INB'11NENgµ'HERE,OF,Thesaid pa. 'till thrnntpr•thave hereuntoret thei;.ands and seas the toy and year first above written. I( G� --- iirned, Sealed and Delivered in the Presence of ( ——_JSEAL{ e C + ? i -- -, fit- l lf. — � • T!-j�5 sE 'r�i A: A c oalaur by-AlFtedl G.Au o Nichc•so h� ate r♦-In-fact g v'. /jUv`�C StATF.OFCOLOR ADO. �� �J•' .. ��\ 1 1 aa. II C•intof t)r"•q_ Y ?it1:1n The for. Krung inatntmeal was aril ,ailed Red Ill .r me t hi- �'f ,'•! , day of Dec►doer II �i to 816y Alfred C. *71ch0lson ind.',rllually and as attorney -in -fact for Elizabeth A. � J1 /•rnmmission ex pirea � �C/�� Nicholson. 1 WITNESS my handandofrtrislseal. -- is :.� •,;i.t�-- I I \w. al`, AA As %%Tr 110'/.ltiitl t1A. .M \11f1\_ I,r 1•vt•-•.I-r a•rs.d t t llr-a..r1/aN ►,)I... .., r..:Asa lt..!it soot Ir•wr,CWrttJ.ta lr. mill ♦re lie •Tiled ul Il,n..p,.nn V... ••.L,.N 4 J U RrrorA.r. •Fief •.}.:;F RF.coRDEWS STAMP f � 1'nI�UF:F:n>l:,.I..,1,•. 2 7 t h l,y.•r Aor11 f „t83.1,..t........ Alfred C: 'licholson and Elizabeth Mo N 1 A. Nicholson "ft1'' "' rn r.' t ... n .r P i t k i n nil �I:,,. ..rr..l.. _n .I CD �y :t•I.....rr!i.•rt,.,,.:,,1.:r„•I Goo dina Investment Cn.. Inc. N +- ti' nx Vl.. vvI-t nn.L r un.l I•„.r t.... .•Ith.• InN..•I U,•. „at. ••f Colorado -o t7 2 'c 1„rtlr,....... rr.11..,II:,.,....•I..,.:,I...I.1..•.., 3Pnl Rrinhtnn R1 .t .. S �r+t �t vA Denver, Colo. 80216 CX3 j Ili.. .::,•I p,.I 11 es 41 hr !,r.I I•urt, f r and in cnnrideralion of Ihr rum of TEN DOLLARS and other hood and valuable consideration r)mftI--It" ;I to 1 hr said luu-t i e s of I by ftr•t port ,n band p:u•1 by th•• •nod port) of the r*cond part, the receipt whereof Ir hrn•b)• enure«rd and nrknoN led¢rd. luty frra..1-1. ban•aln..l• ...Id .%nd t • n%r.%rd, and by these prr.entr do i Sri auto bnrint,n. sell. r.•nrr) and r•.nl,rm. ur,t„ the •nil purl) ,(the •..••nil part. rtr curt e•snrr and ■,,item, furel er, all ..f thr fu •1 ). V llescr'1•r•1 tut .u_ pn rr.•I ..f lan.d..il:u., I)'inr an.I brine to the In and Mate of l ,u. l.• N,I. 1'ot.rtr •.f ..I••rlu �i UNIT 2nl PARK CENTRAL WEST " accordInc• to tI- r Condominium "1p a^nrarinq in the records of the County C'erk Anrr Recorder of Pitkin County, Colorado. In Plat nook In at Pane 71 and in Plat nook 12 at Pane 44. n i t r, i n County. Colorado. STATE MUMEATARY FEE MAY 3 3H3 { __ Iv rJ I nl.ukn.,wn;is •Irrrtnndnu10..., 20 E. Hvman Avenue. Office Unit A9r11. Aspen, Colorado. TllliF.'I'IIF:H .eH 1, nil moil .n•¢nrn, .n•• 1..•.... I.I:un....•. and it, UI .•...0 man.,• therrun• wi,onr,n[ „r,n y .,.e „n _ rpp.•rluiume, and 11e,e,rr. .•n or:•1 Ir.•.-mini, .•man .ter an•I r.•n•:n n•L•••, rent., issue• and pr•.r,t• Iherror; and all Ihr e.t Nr e, I'irht. Utl.•. ,nn•..••t.. :.inn .....I J ..........l What•....,• r ••1 th.• •:nd mart I es of the t,rm part. eethrr in law ur ,,jail)•. of• ,n and N• 1 he .1 L.,. r Lae t::•.n.••I fln•eo, ...•, N p h t in• i—r-111:1rn-nt.:md nrpnrtrnanrr•. TII11.\\E.. \\11TI111111.1111..••:.••1I••. aL.H••1:u¢:unr•1..nd !• r,!+•I,W,ththe■rpnrtrnunrr.,untilthePaid I. r.. _.. r :u,•I :. silo, r.. n•c.•r \u•I Iln• ..•I va'! i Ps orthe first part,fur I mere of t h.• ••••'••nd part. rt•.., them ,,.iv P_ 5 hr, ., r• . .... •1 a.ln, l,..rratar•. d•. ant, rrant.l,arr:. n and ■rrry to and with the an.l peel) .•1 tl..• ... •n•I p.v t. �t• •.... ••••• r. . nil a••.C•. •. Ihn• :.t •t.r Ume of the rn.ea:u,r and delivery of II„•..•rr,•.,•,,,•. they are N.•il•.In•.I•d the pe••un..•.al..n..an,.,.-•I,a•o(,,.sits purr. perfrrt.nh.ohtte and md.•rra.il.l,• .•.,air ••f mare •u. ne••, n• I .N. m t••.• •,mpl.•, :u•.1 I-V er.-.•I I is 1•,. full I,•.w er and lawful nut honty to [rant. hul ra ul. ••'ll and r�.n c••y ,In• .:un.• rn nr.�c,n r and f..rm a :, f•••r•:ud.:.n I l/.:tt the ram* are. rrre and clear frum all (or mer and •.t h.•r ,;runt.. lair ¢non•, •', I. •, :r•-n •, t:r,.•.. n•..•.•...... nn.t ... urnbrancr■ of whatever kind or nature r,.,.1r.I,exceDt for real property taxes for 1n83 due in 19Ra; restrictions covenants, conditions. Subdivision Anree-rant, and Easenents o` record, and [ark Central west Condominium Declarations, moil the nb. n,• L�r roll n.•r! pr .•m..•• in••hw•L.••.! :u,�,»�.•uful I..... -...a. ..1 Ihr .r•i p,.rty of�1.L.econJ part, do .n•. •r••nt and n..,tr rv, mien n..I „II and .•..•ry P'r •on •., p••r•.•ns Ins fulh ar to claim the whole or any part ;I t her.••.f.Ih.• said f-il i ey it,.. f.r.t port •hall :. r..l N,,1 \l'\It if .\NT ANI) F'-KEVER DVFF-XII. IV NITVF. "1 \111 F:"I%.-o, f,,-- lP•I tf pS•rr6.•fn.1 p..r1 h,ye h.•r.-o �•(thpi and r.•nl s Ih.• �h.l nn•1 )rnr foil : 1.... . ill.�n //[^/A6, 4�r;EA1.1 .r,t,•d.�••.,h•dandn,•I,,.•r..•1 t1.. 1.., ,..,.f 1 r /r/ N/icho on G�, �� I`tF:ALI i I"r—Tzabeth A. ticholsar - IItLALI r ..,. E1 Paso Tln• f••te nr m•Intru.•n• ,.. :rdi .I L fore nil• t h- 2nd lay of Hay [•n rl •.I:t fred C. "licholson and Elizabeth A. ichnIson 1\•11MIENS:wy band And.,rf,ru.I •cn. H� Lie rill. .-' ♦-, ,;( M\VM\\111.Irn 1••. .•nl'nF \•n,\ I,. 11.......e.-a..r� . r,r:• ar.sr•r4►•.nu,r.,wr (..1•.�..... ... p.a.,r.CNw rM,trTf MI11 4111 �f. ft-1 fo I Or C" ,r 1 Cy' V� s W . • I:.. •1 •It'll nl 12,• ,•p, t-.n No 4;g Re—rd.,. 8 RECORDFR'ti STAMP 27th •1:,. .•r ADri 1 1!,83,L,.,,,,.,,,Alfred C: Nicholson and Elizabeth A. Nicholson r11.1• `t/ zrn .ti I 1 ,..,nl,- ••f P i t k i n :,nn a:,l...rr,.l., C, ,I 4 I.....rr!.•r,I..,.:,,,,;,n•1 Goodinn Investment Co.. Inc. e v•1,nt•nl,.h, and l•� urr.... .• Colorado vl —o oz co rth.•..••'n...I,..r,l: ta,•_.L,•:,I.,.1.1,..•. 3 P n 1 8 r i n h t o n P,1 Denver. Colo. 80216 0; M "— \l l r�r:�a•:rn. Thnt till—m-i l,ot l { e 4 ,dt lu• !.r.I putt, f•,r and in con.ideration of the mum of �I TEN DOLLARS and other nood and valuable consideration nRrr.rlea to the sni,l p•lt1 i e s ur i he f,r•t purl the .n,.l l.nr t> of Ule second part, the receipt whereof is .. herel.y t•nnf,•..rd and ntknow It-dcrd. luty tgrat,te,l, han•:,Incd. •••l.l .tnd c..rt%eard, and by lhr.e presents do I[Iuut, bnrcntn. ell. at-nar) and ronlirm, not.. the •IIPI putt...! the--,.•,nd part. its suetrssors and .ssilcns fureaer, all.,(the ro lj•�gy llfl+rr ln••I lot ••r parrrl of i:rul, •it 1a, lyin,; an.l I•ein¢,n the i 1'uur't. ••r j�� LK nnrl state ,.(1.0—nd.,. l,. Hd. UNIT 2n1 PARK `:ENTRAL WEST accordince to thr Condominiun '•lp a^ncarinq in the records of the County Perk rnrt Recorder of Pitkin County, Colorado. In Plat Ronk I) at Pane 71 And in I'lat Rook 12 At Pane 44. Pitkin County. Colorado. STATE MUMEATAAY FEE N1AY y3 H3 •r "� t. , • I nloo,. kit—na%-tri-et 1. n,i r:,„r'',r•r 20 E. Hvman avenue. r)ffice Unit A7nl. Aspen, Colorado. T1111JfI1EN tcilh Ill and •mtnlnr ,rn• I .... ... III; ....t-•.•. and npe•,r „•n.n,.• Ihrrrunt,• 1• 1,,orInf ur In nnyst— npp.•rtuinin¢.:.n.l the Ient., i..ure nod pr nrll. lhrrruf; and all I hr I•rl ur r, ri�l,t, htlr, rot.•r.•.I., :.nm '. n'I 'r••m..... 1 wh:.t _...•.... •.1 lh.• •:. nl nart i es of the l,rsl purl, either In lawor rtlu dy, nl, ,nund to IhI' alp.,.,. h:u �:nnr••I I•ron•. ••'., w p h l it.• i,. rt-•hr.ru nl • :.nd .rpnrtrnnnt e.. To IIACF. \NII TOO 11111-1) 16t- -.•:,1 1.•, ra... ,L,.t,• 1 :,r en nr.l .,nd !•••. r.!.'d, w11 We the arpnrtenum ex. unto the said pnh.• rIt of t.•....•n.l J'a11. It-.. n. .'.'... ran•I :.--ell -f.......•r \ndtlt-••.t-1 nar!i P- S of t he fi root pa rt. for them ,,.Iv P.S brut.. t.r, . ,.vdn.l n. n,•1 tali.,•. d•. nnnt. rtant, harv:.u, tend agree to and with the .""I poll, .•I 11•.• ....... -1 p.,rt.,N• •n„•.. -.n. .n•I :, •.C'. •, Ihn• :•I •I.,• L:mr of the rn.rnhnrt and do -livery of t l„•.e pr,••I•.,, .. they are w.•il •.'v. I •.l t hr 1...... :th•...• „•n, .1. a• of twat. tort. lwrfrrt. ah000lute and nnb•(rn•rblr ,.-�a,r..(:u �.t'. 1..n•'••, n• I .a, m •,mpl.•, :u•,I h:,V P\•..... I I Icli, fall p•.wer unit lawful authority U. grant. Luc �:un. •, II and r�•n c.•c 1h.• .nuo• m nr:�r. n.'r n1..! l.o nl u- af...... :u•I..rn I that ttie ooame art- (err and elrar (rum all form,•r I....I ail h••r ,Hunt., 1-#e un.. -'.I. •. o•. 1., a.••. n••. •-u.ent. tend • m amhranrre n( what, -err kind or nature --..,.except for real property taxes for ln83 due in 19RA-, restrictions covenants, cnnditlons. Subdivision Anreenant, and EAsements o' record, and Park Central west Condominiun Declarations., uml tlu• nh, n.• 14, rl,uee In,•nt.•r. u.•'an+wvn.ful I... .... ....n ..f Ihr ooY.l Iloilo, ty ofalhy ooeron,l part. Ill .n•. •e• ,, Ind ,u,.o.n,, ny:unil .,11 and •'t••r, ,•.•r••m ••. p••r•• I-oh,111 . in,nnna ter to claim Ihr whole or any part thrrr'•f.Ilu•vud Isarli e'sr llu'!u'.t port •hill ..ridwIII \\"%Mt.\VTAN11 PI -NEVER 1IFFEVD. I\1l ITN V::+1111E.ItFtll.Tln'_1.oIr,I12PS•flIII- f1,-11 It"IVe I,•'I.•amo.rlthPIr hand S un,l.t-nl S Un•.1:., a 4.%,-„r l.I-1:,..t to, to Sipnrd. S.-I—I :u,d II. 1.,..r, .1 to. I I.,. I',... , .. ••I 1 N/ichoo]A�Is k i zabeet R ' /L/j�. iZ/Ivt:ALl FIzabeth A. I lchor ISt. ALI / • is Paso J(l Till- (w-••Ruinslit •tr-it—I.'• . ,rde•.I1.f.•rr.-Ih.- 2nd fred C. Nicholson and f.lizAbeth A, r l,'r . hnnd and••rf.. :ul ., n.. vt• art rll�. •. , day of chnIson 1% I 1 In 11. 1..•. nl'nM tote.\ I,. Il..i.,..,•.. a.. 4 r W. 11—r-od C.. 1 •ta .I•., ..... r. O.a.. r, CoW.M,�71 M111 4i� • ` pr ford.d .t 4 : 03 p n 1 r,r �� THItUF,F:uaadeuiie 18th toy.( •+ .. . c'� r� 23 DECF?tA PR, 1981 y � is 4'•r �41g R 971 LORF.TTA BANNE��^��r _— Recorder. e�l► : Decemi.eg _ 4 81'ntw Alfred C. Nicholson and Elizabeth F_ A. Nicholson ,(the Pitkin •nnatatew, nln. t X ,a,•,,,nfth«fintrun.nnd Gor ling Invest:aent Co., Inc. 11 look a eorporation nrsantxed and 11 rxtetingunderendlryv,rturrdtbnlaw•oftlr5lMr^f Colorado. t. , (th.•.«f.,,.tr■a .h,..nl«„el.,ll,,•.,,, 3801 Brighton Blvd., f I Denver C 1 RECORDER -!!STAMP SiAll DWwiiT.Tiii;l ru CIL i, 2 � 1991 n, o orado 80z16 R ITNESSt: TII. T!ixt the •n.d r.lrt leS ofthrfiretport. Vrandinconsideration TEN DOLLARS and t,rt hr •a.t ies ofthesum of other yooti and valuable consideration >i¢{Q/yf/ iS�r l tv h,it t here by roll, ..rt n. ri„t rAi t in nand rtld by the fAid Art n Y of the second part, the receipt whereof Is ly •.•IAn•i of Itrow ran t• i•n l«dgrd.hiv(3r­,teit. be ran tried, Aold A n of con veyed, r rid by t hest presents do f • rits or.. •fll, on se) Alp of t').• R•Il..w lric dr-1 and r,.n fir n. ur to the . a- Part of the •eeond part, It successor* and assign forever. 11wd t'.nuuy lot . r par. el • r r(land. Aituatr, lying And I.eing in the of Pitkin and ::r.te •d t'.. b.t Ado.ro wits Unit 202 PARK CENTRAL WEST according to the Re'•ised Condominium Mrp appearing in the ;I records of the County Clerk and Recorder of Pitkin County, I! Colorado in Plat Dock 12 at Pag•_ 44. I Pitkin County, Colorado. oleo known as street And number 210 E. Hyman Avenue, Office Unit t202, Aspen, Colorado pe , I r ITl r:F.THF.R with all and 'neulAr the hered-tanents and art.nrtfnancrs there —to helonging or in anywise I ' I I np rertaimng. anti the reveraon and reversion,, re•nA,nuer and renin nders. reels, istuer and profits thereof; end all the eat At«, right, title. Interr,t, clnim ■rid demand whatsoever of the •aid part ieSof the first Will either in law or equity, ol, in And to the nboce he rirained prr-ni•e.. wit h th, hered,t amr nts and e rnurteraneea. T.7 11 t1'E AND TO t(1)LU the said premiers A xire bargained Ant; dr.cnMd-with that appurtenancea, unto the said I; partyOftIle A•Y•ondIlArt,itAsucces,oranaA•.,�•nA!.:ev.•r.And.heIaid part le£ thenepies 'irira, executors. and administrator., do of the tint part. for e4venant, grant. l)argain and agree to and with the "aid nnrty of the Aecor.d part, it , AurneAora And .ssirre, thAl at the time of the rntealirg and dalivecy of theserreeents, they are`III seizedoftyrpremiAr,ehoveeonveyrd.aaof r i; indefeasible estate o; inheritance, in law, in fee si.nple, and h4r:mood Power and law,•uright. full w rood, sore, l �`� absoluteand l authority to crane, ' �t harrain, sell AV-1 convey the same in manner rn,' forin as afole-s,d, and that it-* same are free and clear fivm all II rurmer and othett rrontA, hatgains, sale-. lia•ns, tarts, u"Inments and encurnbrane" of whatever kind or nature II i1 "ever. except for real propel ty taxes for 1991 uue in IW; rostricti ta, �I covenants, conditions, a([� �� �, h�Ga� Subdivisio I Aareement, and Easements of record, II and the above bargained premiAeA In toe quirt And pencrful roe.eAs,on of the said party of the s«cond ps, t. Its I sticceAAor and a•slrnA, Again At all and every Ixr••rn or prnonA IAwfu lly rlvming or to Halm the whole or any part �I t`ierrnf,Cie Amid psrti"thefiatliarlshrllAnd will WARRANT AND FORFVERDEFENO. IYR11INFVSttHERF.OF,Thesaidpa. tie3,lthef,rtpe•thave herruntorrt thei And seas the uny and year fiat nh„ve writt«y ;•ent18 SiyneJ, Sealed And [lelivefed in the Pi eAe rice of to `�l- _ - ----� ,.� h�4Es+— L' IISS A e' --- — I FALrI A. N c o`lour by-AlFced [ ; Nichols ' hate r- i-fact n_iseAra�1sf'� �I ii dam. NUu�\C s'AT,F.OFCOLORA[N), r I� Count or 4� �0Y 7itl:ln ThePorigp, nr in Atn,nirot w �ad ar is T.w led sell twfo'e me t h is /•f � do, of December II 19 811Y Alfred C. NScholson Ind .'ridua11y and as attorney -in -fact for ElIzableth A. .ley commission expires [: ) / V Nicholson. WITNESS my hand and ufrt,i.l A«al. � �I I' \w W IAA.IA1\Tl t11'/:11T„i 1,4. •M 11111\-1.+1'M,-a••rAw A..«. - - _ 'rY elr'aA..ArrN ►,11..-.., f•,;a.t t.•.: a,..., I�,.a r,CM,raM it il. Mill 5.7t 'k , ,3519ti5 1_, .. '9' 09: Rac S20.r,10 o- - � bK: 0 9 r' "G � S Silvia Cia.:c. _t3.:in�Cnt,, Clerl.:. Doc $.00 ORDINANCE .� (SER12S OF 1992) itN ORDINANCM THE CITY COUNCIL OF THE CITY 03 ASPEN, COLORADO, TESTING THE D:'VELOPMENT RIGHTS FOR THE GO-�DING GMQS EXEHPTION FOR '!. CFLANGE-IV-U0E APPROVAL :OR THE CONVERSION OF TWO CO)GIERCIAL OCFICE UNITS INTG ONE FREE MARCET RESIDENTIAL UNIT WITTZIN THE PARK CENTRAL WEST CONDOMINIUMS LOCATED AT 210 E. HYZ%L-1^.i, UNIT:8 201 AND 202 (BLCC3 75, LOTS K,L.X,N, AND O, TOWNSITE OF ASPEN) wHnREAS, Richard Gooding submi.ted to the Planning Office an application for Growth Management Examption for a change -in -use of twr, commercial office units into one free market residential unit; and 4THEREAS, at a regular meeting on April 7, 1992, the Aspen Planning and c,-iLng Commission approved the change -in -use request wits conditions; and AHER:Alf Planning and Zoning Commission Resolution 92-3 documents the conditions of approval; and WHEREAS, the applicants also :requested Vested Rights for their approvals; and WHEREAS, pursuant to Section. 24-6-207 of the Aspen Land Use Code revision date May 25, 1988, the City Council may grant Vesting of Development Rights for a period of three years. NOW, THEYIEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section L• Pursuant to Section: 24-6-207 of the Municipal Code, City Council does hereby grant vested rights for the Gooding change -in -use as follows: <A7<3Ig�1 1 #351955 12/ 17i 92 09; 2-5 Rc_C $2-0. i;p 3K *,.n7 Ph 97._6 Silvia Davis, ='i'- in Cnty Clerk, Doc $.00 1 The rights granted by the site specific development plan approved by this Ordinance shall ramain crested for three years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfaitv-.re of said vested pcoper_y rights. Failure to timely and properly recorrl all plats arcl sgr. er{e s.s as specified herein and or in the Municipal Code shall also result in the forreiture of said vested rights. 2. The approval granted her-2by shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from su.c sequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the J approvals granted and vested herein. 4. The establishment herein of a vested property right shall r{�t •'i 0 preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. 2 W #351955 12/17/92 09:25 Rec $20.00 BK 697 PG 977 Silvio Davis, Ptk:in Cnty Clerk:, Doc 3.O0 Sc^ction 2: The City Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pcertainintJ to the following - described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 3• t� I That the City Clerk is directed, upon the adoptior of this erg ordinance, to record a copy of this ordinance in the office of t;ze. Pitkin County Clerk and Recorder. section 4• A public hearing on the Ordinancn shall be held on the �7L day of llka,, , 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorzio, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the ,2�1 day of 1992. Joh're :3ennett, Mayor 3 � Tr h7Y. 1' � .rflf 75S935 SIS(i9C _ - - :9:�5 F:.::wfi,tli� pf., 69F r_ - Si1via Da"iS, F; e tl _n Cnr_v _.' e�.�, Doc AT C+.ST :�oCh, C1ty Clerk =?f LL'_', adopted, passed and approved this �� day or 0 1992. John Bennett , Mayor ATTEST: r xzath_yn Acah, City Clerk 4 -:1 I �J a t JECUND AAENDMENT TO CONCOMINIUM llELI.A _ I0N FOR PAIl_K CENTRIXL i/EST, A CONDOMINIUM RESIDENTIAL A:(D COMMERICAL BUILDING _r.dum:nium D?claration for Park Central ;,•_;:,__,._;'a_ and comm=_ricaI condominium, was recorded 5c,ok 3i9 at page 652 (Reception No. a:•.d he :o7or•miniu:-. Mao therefor was recorded in Plat iReceptiun No. 228723); and the First Amend- -er,t t• ^r.d m.n:::r ueclarat:on was recorded in Book 418 at page yh� (Rece tir.n No. 2�;943,, +_1 in the records of Pitkin County, and WHER-EAS, paracraph 19 of said Declaration permits amendment by the consent of doe of the owners of the general common ele- ments and all the holders of mortgages and deeds of trust; and WHEREAS, the said consents have been obtained and are re- corded herewit i. NOW, THEREFORE, the Declarants, Alfred C. Nicholson and Elizabeth Ann Nicholson, do hereby make and record this Second Amendment to amend paragraph 11 of the Condominium Declaration to read as follows: 11. Usa and Occupancy. Condominium Units Nos. 1 through 10, inclusive, and Unit No. 101, shall be used and occupied for residential purposes by the owners, in compliance with City of Aspen Zoning Code, Chapter 24. Condominium Units 201 and 301 shall be used for office commercial use in compliance with City of Aspen Zoning Code, Chapter 24. Unit B-1 shall be used for storage. Except as amer'2d herein, all other terms, conditions, and obligations of thr Condominium Declaration for Park Central West and the First Amendment thereto shall remain in full force and effect. IN 'WITNESS WHEREOF, the Declarants have executed this Second Amendmerjt to Condominium Declaration on this �� H day of ---' 1984. DECLARANTS: Alfred C. Nicholson Elizabeth Ann Nicholson 11 t. "N' 4M PARE; (:FNTR,\I. WEST CONDOMINTUAS CHANGE OF USE APPROVAL In accordance with paragraph 19 of the Condomini UM Dec La ra t to ns f o r P a r1k Central We s t the undersigned part-owner of Unit q 5 of said condominiums hereby approves a cliange from office commercial use to residential use for Park Central West Condominium, Unit # 10 1 Such change J.1 use to residential shall z.: "41— be governed as set forth in paragraph 11 of the said cYrj$ifi Condominium Declarations. Date Francisco A. Pierce y- • AMENDED AND RESTATED CONDOMINIUM DECLARA TION FOR PARK CENTRAL WEST 111111111111111111 III 111111111111111111 III IIIII 1111 IN 456877 07/25/2001 01.25P AMEND DE DAVIS SILVI 1 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO TABLE OF CONTENTS ARTICLE 1 DEFINED TERMS ................................................ .......1 Section 1.1 Defined Terms .............................................. 1 ARTICLE 2 NAMES/DESCRIPTION OF REAL ESTATE ..................................... 3 Section 2.1 Name and Type ............ ................................. 3 Section 2.2 Real Estate ................................................. 3 Section 2.3 Utility. Man and Plat Easements ................................ 3 Section 2.4 Easements for the Board of Directors and Unit Owners .............. 3 Section 2.5 Emergency Easements ........................................ 3 Section 2.6 Easement for Board of Directors . .... . .......................... 4 Section 2.7 Easement for Encroachments .................................. 4 Section 2.8 Owners' Easements of Enjoyment .............................. 4 Section 2.9 Delegation of Use ............................................ 5 Section 2.10 Mechanic's Liens ............................. . .............. 5 ARTICLE 3 THE AssocIATION .......................................................5 Section 3.1 Membership .....:.......................................... 5 Section 3.2 General Purposes and Powers of the Association ................... 5 Section 3.3 Authority of the Association ................................... 6 �y Section 3.4 Specific Powers ............................................. 6 Section 3.5 Allocated Interests ........................................... 6 Section 3.6 Indemnification ............................................. 6 �_> z ARTICLE 4 WM— UNITS, COMMON ELEMENTS AND LIMITED COMMON ELEMENTS ................. 7 111111111111111_ z a Section 4.1 Number of Units ............................................ 7 am Section 4.2 Identification of Units/Unit Descriptions .......................... 7 z Section 4.3 Unit Maintenance ............................................ 7 .Irl N m Section 4.4 Unit Boundaries ............................................. 7 Section 4.5 Association Maintenance ...................................... 8 Section 4.6 Limited Common Elements .................................... 9 N ARTICLE 5 —� 9x COVENANT FOR COMMON EXPENSE ASSESSMENTS ..................... . ...... 9 0-1 Section 5.1 Creation of Association Lien and Personal Obligation to Pay.Common Expense Assessments ......................................... 9 �`in n Section 5.2 Apportionment of Common Expenses 10 W N .......................... W:\Client\Park Central WestOcclaration, Final.wpd June 26, 2001 C] • Section 5.3 Annual Assessment/Commencement of Common Expense Assessments...............................................to Section 5.4 Special Assessments ........................................ 10 Section 5.5 Default Assessments ........................................ 10 Section 5.6 Individual Assessments ........................... .......... 10 Section 5.7 Effect of Non -Payment of Assessments .......................... 11 Section 5.8 Lien Priority ..................................... I ......... 11 Section 5.9 Owner's Negligence or Misconduct ............................. 12 ARTICLE 6 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY ........................ 12 Section 6.1 Use/Occupancy............................................12 Section 6.2 Leasing and Occupancy ...................................... 13 Section 6.3 Units to be Maintained ....................................... 14 Section 6.4 Restrictions on Animals and Pets .............................. 14 Section 6.5 Antennae.................................................14 Section 6.6 Nuisances ................................................. 14 Section 6.7 Vehicular Parking Storage, and Repairs ......................... 15 Section 6.8 Use of Common Elements .................................... 16 Section 6.9 No Annoying Lights. Sounds or Odors .......................... 16 Section 6.10 Compliance with Insurance Requirements ....................... 16 Section 6.11 No Unsightliness ........................................... 16 Section 6.12 Restriction on Signs and Advertising Devices ..................... 16 Section 6.13 No Restrictions on Mortgaging of a Unit ......................... 16 Section 6.14 Restrictions on Structural Alterations and Exterior Improvements ..... 16 Section 6.15 Combining Units ........................................... 17 Section 6.16 Plat Restrictions ............................................ 17 Section 6.17 Rules and Regulations ....................................... 17 Mm-- J M = N ARTICLE 7 M INSURANCE/CONDEMNATION............................................. 17 a z" Section 7.1 Insurance Carried ........................................... 17 -" ~ Section 7.2 Hazard Insurance on the Units and Common Elements ............. 18 _WH Section 7.3 Liability Insurance .......................................... 19 ' z w Section 7.4 Fidelity Insurance ........................................... 19 W a Section 7.5 Worker's Compensation and Employer's Liability Insurance ......... 19 _� m Section 7.6 Officers' and Directors' Personal Liability Insurance ................ 19 ``'' Section 7.7 Other Insurance ............................................ 19 =m Section 7.8 Insurance Premium ........... , • 20 � c ...� Section 7.9 Managing Agent Insurance ................................... 20 � Section 7.10 Waiver of Claims Against Association .......................... 20 N in .M� in r: Section 7.11 Annual Insurance Review .................................... 20 = �m Section 7.12 Adjustments by the Association ................................ 20 Section 7.13 Duty to Repair ......................................... 20 `w Section 7.14 Condemnation and Hazard Insurance Allocations and Distributions ... 20 o -a M WAClientTurk Central WeStOcclaration, Final. "d 11 June 26, 2001 ARTICLE 8 SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS ............. 21 Section 8.1 General Provisions ......................................... 21 Section 8.2 Special Rights ............................................. 21 Section 8.3 Special Approvals .......................................... 21 Section 8.4 Right to Pay Taxes and Insurance Premiums ...................... 22 ARTICLE 9 GENERAL PROVISIONS..................................................22 Section 9.1 Enforcement .............................................. 22 Section 9.2 Severability............................................... 22 Section 9.3 Term of Declaration ......................................... 22 Section 9.4 Amendment of Declaration by Unit Owners ...................... 23 Section 9.5 Captions..................................................23 Section 9.6 Interpretation ............................................. 23 Section 9.7 Singular Includes the Plural ................................... 23 Section 9.8 Conflict of Provisions ....................................... 23 Section 9.9 Challenge to this Amendment ................................. 23 EXHIBIT A DESCRIPTION OF REAL ESTATE ....................................... 26 EXHIBIT B ALLOCATED INTERESTS .............................................. 27 1 IIINI 11NI 111111 III Illl11111111111111 III 111111111 IIII 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 4 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO W:\Client\Park Central West\1kelarapon, Final.wpd 111 June 26,2001 AMENDED AND RESTATED CONDOMINIUM DECLARATION FOR PARK CENTRAL WEST THIS AMENDED AND RESTATED DECLARATION is made on the date hereinafter set forth by the Park Central West Condominium Association, Inc., a Colorado nonprofit corporation. RECITALS: A. Declarant, Park Central West Condominium Association, Inc., a Colorado corporation, recorded that certain Condominium Declaration for Park Central West (a Condominium) on November 11, 1980 at Reception No. 228724, Book 399, Page 652, in the Office of the Clerk and Recorder for Pitkin County, State of Colorado ("Original Declaration") subjecting the real estate described therein to the terms and conditions set forth in the Original Declaration; B. The Owners and the Association desire to amend and restate all provisions of the Original Declaration, as amended and supplemented, by virtue of this Amended and Restated Declaration for Park Central West (A Condominium Community) ("Declaration"), and intend, upon the recording of this Declaration, that all prior recorded declarations, amendments and instruments creating covenants, conditions, restrictions and reservations on the Real Estate shall be superseded and replaced by this Declaration. Now, THEREFORE, the Original Declaration is replaced and amended and restated as follows: ARTICLE 1 DEFINED TERMS Section 1.1 Defined Terms. Each capitalized term in this Declaration or in the map shall have the meaning specified or as used in the Act, unless otherwise defined in this Declaration: (a) "Act" shall mean the Colorado Common Interest Ownership Act, C.R.S 38-33.3-101, et seq., as it maybe amended from time to time, applicable to common interest communities created prior to July 1, 1992, or as otherwise adopted herein by reference to either specific provisions or specific topics. 1111111111111111111111111111111111111111111111111 IN 11 871 07/25/2001 01:25P AMEND DE DAV S SILVUNTY CO 5 of 31 R 1'55.00 D 0.00 N 0.0 PITKIN • • (b) "Assessment" or "Common Expense Assessment" shall include all common expense assessments, insurance assessments, utility assessments, and any other expense levied to Unit pursuant to this Declaration or the Act, including interest, late fees, attorney fees, fines, and costs. (c) "Association" shall mean Park Central West Condominium Association, Inc., a Colorado nonprofit corporation, and its successors. (d) "Common Elements" shall mean the Real Estate within this Condominium Community other than the Units, which portion of the Real Estate shall be co -owned by the Owners and as may be designated on a recorded map and in this Declaration. Common Elements shall consist of general common elements and limited common elements. The Common Elements shall be owned, as tenants in common, by the Owners of the separate Units, each owner of a Unit having an undivided interest in the Common Elements. (e) "Common Expense" shall mean any expenditure made by or on behalf of the Association, together with any allocations to reserves. (f) "Community" shall mean and refer to the Condominium Community of Park Central West, also known as the Park Central West Condominiums, which Condominium Community is a Condominium Community as defined in the Act and which Condominium Community is also a Common Interest Community as defined in the Act. (g) `Eligible Holder" shall mean a holder, insurer or guarantor of a first lien Security Interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Unit upon which it holds a Security Interest. (h) "Board" or "Board of Directors" shall mean the body, regardless of name, designated in this Declaration to act on behalf of the Association. (i) "Governing Documents" shall mean this Declaration, the plat and map, the Articles of Incorporation, the Bylaws, and any rules and regulations of the Association, as all of the foregoing may be amended from time to time. 0) "Improvement(s)" shall mean structures installed within or upon a Unit. (k) "Limited Common Elements" shall mean those portions of the Common Elements, if any, which are limited to and reserved for the exclusive use of one or more, but fewer than all of the Units, including certain balconies, storage areas and parking spaces. 11111111111111111113 ill 111111111111111111 III 111111111 IN 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 6 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 2 WAClientTark Central West0eclaration, Final.wpd June 26, 2001 • • (1) "Real Estate" shall mean the property described in Exhibit A together with all easements, rights, and appurtenances thereto and the buildings and improvements erected or to be erected thereon. (m) "Unit" shall mean a physical portion of the Community, designated for separate ownership, shown as a Unit on the recorded map for the Community, the boundaries of which are defined in the map and in this Declaration. Unit. (n) "Unit Owner" or "Owner" shall mean any person or entity that owns a ARTICLE 2 NAMES/DESCRIPTION of REAL ESTATE Section 2.1 Name and Type. The type of Common Interest Community is a Condominium Community. The name of the Condominium Community is "Park Central West' and is also known as "Park Central West Condominiums." The name of the Association is the "Park Central West Condominium Association, Inc." Section 2.2 Real Estate. The Condominium Community is located in Pitkin County, State of Colorado. The Real Estate subject to this Declaration is described in Exhibit A. The Condominium Community may be subject to other easements or licenses granted pursuant to this Declaration, or granted by authority reserved in any recorded document or established in the Act. o Section 2.3 Utility, Map and Plat Easements. Easements for utilities and other �.. " purposes over and across the Units and Common Elements may be as shown upon a recorded � _J z plat and on the recorded map of the Condominium Community, and as may be established �y pursuant to the provisions of this Declaration, or granted by authority reserved in any recorded document. tea.. d Y a- Section 2.4 Easements for the Board of Directors and Unit Owners. Each Unit shall a be subject to an easement in favor of the Board of Directors (including its agents, employees and m contractors) and to each Unit Owner to allow for their performance of obligations in this �C z Declaration. On exercising this easement right, the party exercising the right shall be responsible N for any resulting damages, and a lien therefore is authorized and established against that party's property, pursuant to this Declaration. Non -emergency repairs shall be made only during c regular business hours on business days after at least twenty-four (24) hours notice to the N In occupants of a Unit wherein repairs are to be made. —N- � oc Section 2.5 Emergency Easements. A nonexclusive easement for ingress and egress is rn� hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency agencies or persons, now or hereafter servicing the Condominium Community, to enter upon any In O part of the Condominium Community in the performance of their duties. itr- WAClientTarkCentral WesMeclaration. Final.wpd June 26, 2001 Section 2.6 Easement for Board of Directors. An easement is hereby granted to the Board of Directors (including its agents, employees and contractors) for access to each Unit from time to time during such reasonable hours as may be necessary for the maintenance, repair or replacement of the Common Elements therein or accessible therefrom, or at any hour for making emergency repairs, maintenance or inspection therein necessary to prevent damage to the Common Elements or to another Unit. Section 2.7 Easement for Encroachments. If any portion of the Common Elements encroaches upon any other Unit or upon ary portion of the Common Elements, as a result of the construction of a building, or if any such encroachment shall occur hereafter as a result of settling or shifting of a building, or for any other reason, a valid easement for the encroachment, and for the maintenance of the same so long as a building stands, shall exist. Similar easements are also hereby declared to exist for lines, pipes, wires, ducts, conduits or systems extending through a Unit or on the exterior surfaces of a building to serve one or more other Units. In the event a building, a Unit, any adjoining Unit or any adjoining Common Element shall be partially or totally destroyed as a result of fire or other casualty or as a result of condemnation or eminent domain proceedings and then rebuilt, encroachments of parts of the Common Elements upon any Unit or of any Unit upon any other Unit or upon any portion of the Common Elements, easements for the maintenance thereof shall exist so long as a building shall stand. Such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or the 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, either horizontally, vertically or laterally from the location of such Unit indicated on the Map. c Section 2.8 Owners' Easements of Enjoyment. Every Owner shall have a right and easement of ingress and egress and enjoyment in, to, and over the Common Elements and such -A z easement shall be appurtenant to and shall pass with the title to every Unit, subject to the '—� `" o following provisions: N �> Z "c 0-4 9 (a) the right of the Association to limit the number of guests of Owners; W rr Boa z m (b) the right of the Association to adopt rules and regulations governing the use of the Common Elements; W (c) the right, power and authority of the Association to grant any easement, m right-of-way, license, lease, dedication, transfer or conveyance or grant of any similar interest �.. affecting the Common Elements, provided that any transfer or conveyance of the Common N m Elements shall be subject to the prior approval of sixty-seven percent (67%) of the votes in the `� , Association; N q+ m (d) the right of the Association to suspend the voting rights of an Owner for �r, "' any period during which any assessment against his Unit remains unpaid, and, after notice and �W c the opportunity for a hearing, for any infraction of the Governing Documents; and _ a 00 4 W:\Client\Park Central WesdDeclaration, Final.wpd June 26,2001 (e) the right of the Association to close or limit access to the Common Elements for maintenance, repair, replacement, and improvement. Section 2.9 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Elements and facilities to Owner's family, tenants, invitees, lessees, and guests, subject to rules and regulations. Section 2.10 Mechanic's Liens. No labor performed and/or materials furnished for use and incorporated into any Unit with the consent or at the request of the Owner thereof, his agent, contractor, or subcontractor, shall be the basis for the filing of a lien against a Unit of any other Owner not expressly consenting to or requesting the same, or against any interest in the Common elements. Each Owner shall indemnify and hold harmless each of the other Owners and the Association from and against any liability or loss arising from the claim of any mechanic's lien against the Unit of any other Owner, the Common elements, or any part thereof, for labor performed and/or materials furnished in work on the first Owner's Unit. The Association may pay any sums necessary to eliminate any lien filed against Units not benefitting from the labor and/or materials furnished and the Common Elements on behalf of the other Owners and all sums paid shall be an Individual Assessment against the Owner or Owners for whom the labor and/or materials were furnished. ARTICLE 3 THE ASSOCIATION Section 3.1 Membershiy. Every person who is a record Unit Owner of a fee interest in any Unit which is subject to this Declaration shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Unit. Ownership of such Unit shall be the sole qualification for such membership. Where more than one person holds an interest in any Unit, all such persons shall be members. Fractional and cumulative voting are prohibited. Section 3.2 General Purposes and Powers of the Association. The Association, through its Board of Directors, shall perform functions and manage the Condominium Community as provided in this Declaration so as to protect the value and desirability of the Condominium Community and the Units and to further the interests of the residents, occupants, tenants and guests of the Condominium Community and members of the Association. Any purchaser of a Unit shall be deemed to have assented to, ratified and approved such designation and management. The Association shall have all power necessary or desirable to effectuate such purposes. 11111111111111111111111111111111111111111111111 IF 1!! 456877 07/25/2001 01:25P AMEND DE DAVIS SILY11 9 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO W:CClient\Park Central WesMeeiaration, Final.wpd June 26. 2001 Section 3.3 Authority of the Association. The business affairs of the Condominium Community shall be managed by the Association. The Association shall be governed by the Act, to the extent it applies to communities created prior to July 1, 1992, this Declaration, the map, its Articles of Incorporation and Bylaws, and any rules and regulations adopted by the Board of Directors. The Board of Directors may, by written resolution, delegate authority to a manager or managing agent for the Association, provided no such delegation shall relieve the Board of final responsibility. Section 3.4 Specific Powers. The Association shall have the powers, authority and duties as necessary and proper to manage the business and affairs of the Condominium Community. The Association shall have all of the powers, authority and duties permitted or set forth in the Act. The Association shall have the power to assign its right to future income, including the right to assign its right to receive Common Expense Assessments, but only upon the affirmative vote of sixty-seven percent (67%) of the votes in the Association cast at a meeting called for that purpose. Section 3.5 Allocated Interests. The ownership interest, Common Expense liability and votes in the Association allocated to each Unit are set as follows: (a) the percentage of ownership of the Common Elements, based upon the relation that the square footage of each Unit bears to the total combined square footage of all of the Units; (b) the percentage of liability for Common Expenses, based upon the relation that the square footage of each Unit bears to the total combined square footage of all of the Units; and (c) the number of votes in the Association, based upon the relation that the square footage of each Unit bears to the total combined square footage of all of the Units. Section 3.6 Indemnification. To the full extent permitted by law, each officer and director of the Association shall be and hereby are indemnified by the Unit Owners and the Association against all expenses and liabilities including attorneys' fees, reasonably incurred by or imposed upon them in any proceeding to which they may be a party, or in which they may become involved, by reason of being or having been an officer or director of the Association, or any settlements thereof, whether or not they are an officer or director of the Association at the time such expenses are incurred, pursuant to the indemnification provisions set forth in the Bylaws; except in such cases where such officer or director is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided that in the event of a settlement, the indemnification shall apply only when the Board of Directors approves such settlement and reimbursement as being in the best interests of the Association. 111111111111111111111111111111111111111111 Illtl! IF IJ111 456877 07/25/2001 01:25P AMEND DE DAVIS SILT10 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO W:\Client\Park Central WestMeclaration. Final,wpd June 26, 2001 • 0 ARTICLE 4 UNITS, COMMON ELEMENTS AND LIMITED COMMON ELEMENTS Section 4.1 Number of Units. The number of Units included in the Condominium Community is fourteen (14). Section 4.2 Identification of Units/Unit Descriptions. The identification of each Unit is shown on the map. Every contract for sale, deed, lease, security interest, will or other legal instrument shall legally describe a Unit by its identifying lot number, followed by the name of the Community, with reference to the map and the Declaration. An illustrative description is as follows: Condominium Unit , Park Central West Condominiums, according to the Declaration recorded , 20_, at Reception No. and the Condominium Map recorded in Book , Page of the records of the Clerk and Recorder, County of Pitkin, State of Colorado. Reference to the Declaration and map in arty instrument shall be deemed to include any supplement(s) or amendment(s) to the Declaration and map, without specific references thereto. Section 4.3 Unit Maintenance. Unit Owners are responsible for the maintenance, repair and replacement of the Improvements and properties located within their Unit boundaries which are not specifically the obligation of the Association to maintain, replace and keep in good repair. Section 4.4 Unit Boundaries. (a) The following are designated as boundaries of each Unit, as defined below and as depicted on the map: (1) Upper Boundaries. The horizontal plane of the unfinished lower surface of the ceilings, extended to an intersection with the vertical perimeter boundaries. Space above ceilings to which access is needed for repair and maintenance of the Unit and Common Elements above the Unit are Limited Common Elements to the Unit. (ii) Lower Boundaries. The horizontal plane of the undecorated or unfinished upper surfaces ol: the floors (including, but not limited to, carpeting, hardwood flooring, the and vinyl), extended to an intersection with the vertical perimeter boundaries. 111111111111111111 III 111111111111111111111 HIM III III 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 11 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 7 W:Uient\Park Central Westoeclaradon, Pinal.wpd June 26, 2001 • n (iii) Vertical Perimeter Boundaries. The planes defined by the interior unfinished surface of all perimeter walls (including, but not limited to, plaster, gypsum drywall, paneling, wallpaper, paint, and wall tile), the exterior unfinished surface of doors to the Common Elements, the exterior surface of closed exterior windows and doors, areas depicted on the map, and the vertical planes indicated by boundary lines as shown on the plat or map. (b) Inclusions. Each Unit includes the spaces and improvements lying within the boundaries described above, and as depicted on the map. Each Unit also includes the spaces and improvements containing utility meters, water heating facilities, all electrical switches, wiring, pipes, ducts, conduits, smoke detector or security systems and communications, television, telephone and electrical receptacles and boxes serving that Unit exclusively, the surface of these items being the boundaries of that Unit, whether or not the spaces are contiguous. (c) Exclusions. Except when specifically included by other provisions of this Declaration or by the map, the following are excluded from each Unit: the spaces and improvements lying outside the boundaries described above, support walls, the exterior finished surface of the building in which Units are located, exterior street or common lighting, and any chutes, pipes, flues, ducts, wires, conduits, skylights and other facilities running through or within any interior wall or partition for the purpose of furnishing utility and other service to other Urits and the Common Elements. (d) Noncontiguous Portions. Certain Units may include special portions or pieces of equipment, such as air conditioning compressors, utility meters, meter boxes, utility connection structures, air or gas pump and storage facilities and storage portions, which are situated in buildings or structures that are detached from the Unit. Such special equipment or storage portions are a part of the Unit, notwithstanding their non -contiguity with the principal portions. Each Unit includes the spaces and improvements lying within the boundaries described above, and also includes the utilities and utility meters and communications, television, telephone and electrical receptacles and boxes serving that Unit exclusively, whether or not in the boundaries or contiguous to the Unit, unless the same are maintained by a governmental agency or entity. The Common Elements are excluded from each Unit and any utilities or other facilities running through or within any Unit for the purpose of furnishing utility and other service to other Units and/or the Common Elements are also excluded. Section 4.5 Association Maintenance. The Board of Directors of the Association shall determine the specifications, scope, extent, nature and parameters of the Association's maintenance responsibilities. The Association shall be responsible for: the improvement, maintenance, repair, upkeep and reconstruction, and replacement of the Common Elements; the improvement, maintenance, repair, upkeep, reconstruction, replacement and operation of the main water and sewer lines which serve more than one Unit; the provision of common water, heat and sewer, if any; trash removal; and snow clearing. 1111111111111111111111111111111111111111111111111111111 458877 07/25/2001 01:25P AMEND DE DAVIS 12 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO g W:\Client\Park Centel WestOeclaretion, Final.wpd June 26, 2001 Section 4.6 Limited Common Elements. Each Owner is responsible for maintaining Limited Common Elements appurtenant to that Owner's Unit in a clean, orderly, and sanitary condition. In the event a Common Expense is associated with the maintenance, repair or replacement of a Limited Common Element, those Common Expenses may be assessed equally against the Units to which the Limited Common Element is assigned. The following portions of the Common Elements are Limited Common Elements assigned to the Units as stated: (a) If a chute, flue, pipe, duct, wire, conduit, bearing wall, bearing column or other fixture lies partially within and partially outside the designated boundaries of a Unit, the portion serving only the Unit is a Limited Common Element, allocated solely to the Unit, the use of which is limited to that Unit and any portion serving more than one Unit is a Limited Common Element to those Units and any portion serving only the Common Elements is a part of the Common Elements. (b) Any shutters, awnings, window boxes, doorsteps, stoops, porches, decks, balconies, patios, exterior doors, windows, chimneys or other fixtures designed to serve a single Unit, located outside the boundaries of the Unit, are Limited Common Elements allocated exclusively to the Unit and their use is limited to that Unit. (c) Stoops, steps and walls above door openings at the entrances, which provide access to fewer than all Units, the use of which is limited to the Units to which they provide access. (d) Utility areas, the use of which is limited to a Unit or Units. (e) Parking spaces which have been assigned and are appurtenant to a Unit. ARTICLE 5 COVENANT FOR COMMON EXPENSE ASSESSMENTS 0I' Section 5.1 Creation of Association Lien and Personal Obligation to Pay Common r Q A Expense Assessments. Each Unit, and each Unit Owner, by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to r Z covenant and agree to pay to the Association annual Common Expense Assessments, insurance m00% Z assessments (assessed in proportion to risk); utility assessments (assessed in proportion to usage), � N a; and such other assessments as imposed by the Association. Such assessments, including fees, m c charges, late charges, attorney fees, fines and interest charged by the Association shall be the i m personal obligation of the Unit Owner of such Unit at the time when the assessment or other . N ui charges became or fell due. The Association annual Common Expense Assessments and such �• n V: other assessments as imposed by the Association, including fees, charges, late charges, attorney r Na fees, fines and interest charged by the Association, shall be a charge on each Unit and shall be a continuing lien upon the Unit against which each such assessment or charge is made. If any .� o assessment is payable in installments, the full amount of the assessment is a lien from the time r=' in in the first installment becomes due. The personal obligation to pay any past due sums due the Association shall not pass to a successor in title unless expressly assumed by them. No Unit W:\Client\,Park Central West0eclaration, Final.wpd June 26, 2001 Owner may become exempt from liability for payment of the Common Expense Assessments by waiver of the use or enjoyment of the Common Elements or by abandonment of the Unit against which the Common Expense Assessments are made. All assessments shall be payable in the amounts specified in the levy thereof, and no offsets or reduction thereof shall be permitted by any reason including, without limitation, any claim that the Association or the Board of Directors is not properly exercising its duties and powers under this Declaration. Section 5.2 Apportionment of Common Expenses. Except as provided in this Declaration, all Common Expense Assessments shall be assessed against all Units in accordance with formula for liability for the Common Expenses as set forth in this Declaration. Section 5.3 Annual Assessment/Commencement of Common Expense Assessments. The Common Expense Assessment may be made on an annual basis against all Units and shall be based upon the Association's advance budget of the cash requirements needed by it to provide for the administration and performance of its duties during such assessment year. Common Expense Assessments shall be due and payable in monthly, quarterly, or annual installments, or in any other manner, as determined by the Board of Directors. The omission or failure of the Board of Directors to levy the assessment for any period shall not be deemed a waiver, modification or a release of the Unit Owners from their obligation to pay. Section 5.4 Special Assessments. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of the Common Elements, including fixtures and personal property related thereto, or for any other purpose deemed necessary and appropriate by the Board of Directors; provided that any such assessment shall have the assent of a majority of the votes in the Association, voting in person or by proxy at a meeting duly called for this purpose. Section 5.5 Default Assessments. All monetary fines assessed against an Owner pursuant to the Governing Documents, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant to the Governing Documents shall be a Default Assessment and shall become a lien against such Owner's Lot which may be foreclosed or otherwise collected as provided in this Declaration. Notice of the amount and due date of such Default Assessment shall be sent to the Owner subject to such Assessment at least thirty (30) days prior to the due date. Section 5.6 Individual Assessments. The Association shall have the right to add to any Owner's assessment as provided in this Article those amounts expended by the Association for the benefit of any individual Unit and the Owner thereof, which the Board of Directors, in its sole discretion, chooses to allocate to a Unit and which are readily determined to be allocable to a particular Unit. 11!l111 !!1N !l111! 1!! 111!!1 1111111l11l1111 !!1!1! Ill 1!!I 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 14 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 1 O W:`,Clicnt\Park Ccntral West\Declaration, Finalmpd June 26, 2001 Section 5.7 Effect of Non -Payment of Assessments. Any assessment, charge or fee provided for in this Declaration, or any monthly or other installment thereof, which is not fully paid within ten (10) days after the due date thereof, as established by the Board of Directors, shall bear interest at the rate established by the Board of Directors, on a per annum basis from the due date, and the Association may assess a reasonable late charge thereon as determined by the Board of Directors. Failure to make payment within sixty (60) days of the due date thereof shall cause the total amount of such Unit Owner's Common Expense Assessment for the remainder of that fiscal year to become immediately due and payable at the option of the Board. Further, the Association may bring an action at law or in equity, or both, against any Unit Owner personally obligated to pay such overdue assessments, charges or fees, or monthly or other installments thereof, and may also proceed to foreclose its lien against such Unit Owner's Unit. An action at law or in equity by the Association against a Unit Owner to recover a money judgment for unpaid assessments, charges or fees, or monthly or other installments thereof, may be commenced and pursued by the Association without foreclosing, or in any way waiving, the Association's lien therefor. Foreclosure or attempted foreclosure by the Association of its lien shall not be deemed to estop or otherwise preclude the Association from thereafter again foreclosing or attempting to foreclose its lien for any subsequent assessment, charges or fees, or monthly or other installments thereof, which are not fully paid when due. The Association shall have the power and right to bid on or purchase any Unit at foreclosure or other legal sale, and to acquire and hold, lease, mortgage, vote the Association votes appurtenant to ownership thereof, convey or otherwise deal with the same. If a foreclosure action is filed to foreclose any assessment lien, and a Unit Owner abandons or leaves vacant his or her Unit, the Board may take possession and rent said Unit or apply for the appointment of a receiver for the Unit without prior notice to the Unit Owner. The rights of the Association shall be expressly subordinate to the rights of any holder of a first lien Security Interest as set forth in its deed of trust or mortgage (including any assignment of rents), to the extent permitted under the Act. Section 5.8 Lien Priority. The lien of the Association under this Section is prior to all other liens and encumbrances on a Unit except: (1) liens and encumbrances recorded before the recordation of the Declaration; (2) a first lien Security Interest on the Unit (except as allowed by the Act with regard to the limited lien priority allowed to the Association); and (3) liens for real estate taxes and other governmental assessments or charges against the Unit. This Section does not affect the priority of mechanics' or materialmen's liens. The lien of the Association under this Article is not subject to the provision of any homestead exemption as allowed under state or federal law. Sale or transfer of any Unit shall not affect the lien for said assessments or charges except that sale or transfer of any Unit pursuant to foreclosure of any first lien Security Interest, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the lien of assessment charges as provided by applicable state law. No such sale, transfer, foreclosure, or any proceeding in lieu thereof, including deed in lieu of foreclosure, nor cancellation or forfeiture shall relieve any Unit from continuing liability for any assessment charges thereafter becoming due, nor from the lien thereof. 111111111111111111 III 111111111111111111 III 1111111111111 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 15 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 11 W:\Clicnt\Park Central West\Declaration, FinaLwpd June 26, 2001 Section 5.9 Owner's Negligence or Misconduct. In the event that the need for maintenance, repair, or replacement of the Common Elements, or any portion thereof, is caused through or by the negligent or willful act or omission or misconduct of an Owner, or the Owner's agents, employees, guests, customers, or invitees, including, but not limited to, damage from water overflowing from a tub, hot water heater leaks, or water damage from a washing machine, dishwasher or hose, then the expenses, costs, and fees incurred by the Association for such maintenance, repair, or replacement shall be a personal obligation of such Owner. If such expenses costs and fees incurred by the Association are not repaid to the Association within seven (7) days after the Association shall have given notice to the Owner of such expenses, costs, and fees, then the failure to so repay shall be a default by the Owner under the provisions of this Declaration. Such expenses, costs, and fees shall automatically become a default assessment determined and levied against such Unit, and the Association may proceed in accordance with the applicable provisions of this Article. ARTICLE 6 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY All Real Estate within the Condominium Community shall be held, used and enjoyed subject to the following limitations and restrictions. The strict application of the following limitations and restrictions in any specific case may be modified or waived, in whole or in part, by the Board of Directors or by an appropriate committee (subject to review by the Board of Directors) if such strict application would be unreasonable or unduly harsh under the circumstances. Any such modification or waiver must be in writing or must be contained in written guidelines or rules. Section 6.1 Use/Occupancy. (a) Units 101 201 202 and 301 and Space B-1. Units 101, 201, 202 and 301 shall be used for office commercial use in compliance with the City of Aspen Zoning J = _ Code. Space B-1 shall be used for storage. M � y V (b) Units 1 through 10. Units numbered one (1) through ten (10) shall only be c occupied by the Owner, the Owners' family and their guests, and the Owners business c invitees and shall only be used and occupied for residential purposes, or purposes reasonably related or ancillary to residential purposes, in compliance with the City of az Aspen Zoning Code. No business, profession, trade, or similar activity may be conducted in any Units numbered one (1) through ten (10), except that an Owner may conduct r c— business activities within the Unit so long as (a) the existence or operation of the activity e is not apparent or detectable by sight, sound, or smell from outside the Unit; (b) the activity conforms to all zoning requirements for the Community; (c) the activity does not �N involve door-to-door sales or solicitation within the Community; (d) the activity does not involve regular visitation of the Unit by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Owners or Related Users; and (e) the activity is M consistent with the residential character of the Community and does not constitute a �w W W:\Clicnt\Patk Central West0eclaration, Final.wpd Q -1 12 June 26, 2001 nuisance, or a hazardous or offensive use, or threaten the security or safety of other Owners or their family members, guests, tenants, invitees and licensees, as may be determined in the sole discretion of the Board. Home day care pursuits, whether licensed or unlicensed, are expressly prohibited. Occupancy of a Unit by a tenant, lessee, or other non -Owner occupant, without concurrent residency by the Owner, shall be prohibited, except as otherwise permitted under the express leasing and rental restrictions of this Declaration. Notwithstanding the foregoing, the Association may use any condominium Unit which it owns or leases as a business office and/or a residence for any on -site resident manager or custodian, subject to applicable zoning. Section 6.2 Leasing and Occupancy. Any Unit Owner shall have the right to lease or allow occupancy of a Unit upon such terms and conditions as the Unit Owner may deem advisable, subject to restrictions of record and the terms of this Declaration: (a) Short term occupancies and rentals (of less than six (6) months) of Units are permitted. (b) Any lease or rental agreement longer than thirty (30) days shall be in writing and shall provide that the lease or rental agreement is subject to the terms of this Declaration, the Bylaws of the Association, the Articles of Incorporation and the rules and regulations of the Association. Owners are required to provide tenants who will occupy a Unit for more than thirty (30) days with copies of the current Declaration, Articles of Incorporation, Bylaws and any Rules and Regulations of the Association. A copy of the lease or rental agreement for more than thirty (30) days shall be provided to the Association, care of any manager of the Association or an officer, upon request. (c) All occupancies, leases and rental agreements of Units shall state that the failure of the tenant, lessee, renter or their guests to comply with the terms of the Declaration or Bylaws of the Association, Articles of Incorporation or the rules and regulations of the Association shall constitute a default of the occupancy, lease or rental agreement and of this Declaration and such default shall be enforceable by either the Association or the landlord, or by both of them. (d) All occupancies of Units shall be subject to the right of the Association to remove and/or evict the occupant for failure to comply with the terms of the Declaration, the Bylaws of the Association, the Articles of Incorporation or the rules and regulations of the Association. (e) Leases shall be for or of the entire Unit. (f) The Association shall have the authority to adopt rules and regulations regarding leasing, including the implementation of this restriction, and for implementation of other restrictions in the Declaration Anri as allowed by law. 111111111111111111111111111111111111111111111111111 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 17 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 13 W'\Cient\Park Central West\Declaration, Final.wpd June 26, 2001 0 Section 6.3 Units to be Maintained. Unit Owners are responsible for the maintenance, repair and replacement of the properties located within their Unit boundaries. Each Unit at all times shall be kept in a clean, sightly, and wholesome condition. No bicycles, kayaks, sport or recreational equipment, trash, litter, junk boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon or within any Unit so that the same are visible from any neighboring Unit, or any street. The Association, and its agents, shall have the authority to enter, replace, maintain, repair and clean- up Units which do not conform to the provisions of this Section, and to charge and collect from the Unit Owners thereof all reasonable costs related thereto as an assessment hereunder. Section 6.4 Restrictions on Animals and Pets. Pets, including cats, dogs, birds, reptiles, or other animals, hereinafter for brevity termed "animal," may be kept, maintained or harbored in a Unit, if the animal is not obnoxious to other Owners or occupants. In that case, the Unit Owner or person having control of the animal shall be given a written notice to correct the problem. If not corrected, that Unit Owner, upon a second written notice, will be required to remove the animal from the Condominium Community. The written notices provided for herein shall be issued by the authorized representative of the Association or, if there is no authorized representative then by one or more of the members of the Board of Directors of the Association, Animals may not be kept for any commercial purposes. Unit Owners shall hold the Association harmless from any claim resulting from any action of their animals. Seeing eye dogs and hearing ear dogs will be permitted for those persons holding certificates of necessity. Section 6.5 Antennae. Subject to federal statutes or regulations governing condominium communities, no exterior television or other antennae, microwave dish, satellite dish, satellite antenna, satellite earth station or similar device of any type shall be erected, o installed or maintained on the Common Elements of the Condominium Community. Any exterior television or other antennae, microwave dish, satellite dish, satellite earth station or similar device of any type erected, installed or maintained by an Owner is still subject to (A V reasonable and valid safety restrictions, and reasonable restrictions as to screening of the device from view by neighboring Units. All costs associated with the installation or maintenance of any =c F exterior television or other antennae, microwave dish, satellite dish, satellite earth station or = W A. similar device of any type by an Owner, including costs of repair, replacement, improvement and maintenance of the structure to which such exterior television or other antennae, microwave WW dish, satellite dish, satellite earth station or similar device of any type is affixed, erected and/or 'tea z installed upon, shall be the sole responsibility of that Owner. �dm in W Section 6.6 Nuisances. No nuisance shall be permitted within the Condominium —� Community, nor any use, activity or practice which is the source of unreasonable annoyance or m embarrassment to, or which unreasonably offends or disturbs, any Unit Owner or which may ,10 unreasonably interfere with the peaceful enjoyment or possession of the proper use of a Unit or =N Common Element, or any portion of the Condominium Community by Unit Owners. Further, no �m -4 improper, offensive or unlawful use shall be permitted within the Condominium Community or any portion thereof. All valid laws, ordinances and regulations of all governmental bodies W ° having jurisdiction over the Condominium Community or a portion thereof shall be observed. rn a� 14 14 WAClientTark Central West\Declaration, Final.wpd Lune 26, 2001 Section 6.7 Vehicular Parking. Storage, and Repairs. (a) Vehicular parking upon the Common Elements and Limited Common Elements shall be regulated by the Board of Directors. (b) Each parking area may be subject to designation of individual spaces as a Limited Common Element appurtenant to certain designated Units. Parking designated as visitor or guest parking shall not be used by Owners or their family members residing with them. All other parking spaces shall be used by the Owners for self-service parking purposes on a "first come, first served" basis; provided, however, that no Owner shall park more than one (1) vehicle (owned or leased by such Owner, a member of his or her family or occupant of his or her Unit) on the Common Element parking spaces without the prior written consent of the Board of Directors. (c) The following vehicles may not be parked or stored within the Community, unless such parking or storage is within a garage of the Improvements on a Unit, or unless authorized in writing by the Board of Directors of the Association: oversized vehicles, trailers, camping trailers, boat trailers, hauling trailers, boats or accessories thereto, self-contained motorized recreational vehicles, or other oversized types of vehicles or equipment as prohibited by rule or regulation. Any such oversized vehicle may be parked as a temporary expedience (for up to four hours) for loading, delivery of goods or services, or emergency. Overnight parking of these vehicles is prohibited. This restriction shall not apply to trucks or other commercial vehicles temporarily located within the Community which are necessary for construction or for the maintenance of the Common Elements, Units, or any Improvement located thereon. (d) No abandoned or inoperable automobiles or vehicles of any kind shall be stored or parked on a Unit or within the Community unless parked or stored within a garage. An "abandoned or inoperable vehicle" shall be defined by Colorado statutes governing inoperable or abandoned vehicles on public streets, or as defined by rule or r cam, regulation adopted by the Board of Directors of the Association. In the event that the Z Association shall determine that a vehicle is an abandoned or inoperable vehicle, then a =o written notice describing said vehicle shall be personally delivered to the Unit Owner c d thereof or shall be conspicuously placed upon the vehicle. If the abandoned or inoperable z Q vehicle is not removed within seventy-two (72) hours after providing such notice, the m Association shall have the right to remove the vehicle, and the owner thereof shall be __= a = solely responsible for all towing and storage charges. �N �.: (e) No activity such as, but not limited to, maintenance, repair, rebuilding, dismantling, repainting, or servicing of any kind of vehicle, trailer or boat, may be �N performed or conducted on the Common Elements. ..I.F (f) Designated parking spaces (designated as either a part of a Unit, a Limited 0 ; Common Element or as a part of Common Elements) are restricted to use for access or as .� ti w a parking space for vehicles. �W o �0w 15 W:\ClientTark Central West\Declaration, Final.wpd June 26, 2001 :7 • (g) Parking in fire lanes (as designated by the Association or as designated by local government or a local fire protection authority) shall not be permitted. Section 6.8 Use of Common Elements. There shall be no obstruction of the Common Elements, nor shall anything be kept or stored on any part of the Common Elements without the prior written approval of the Association. Nothing shall be altered on, constructed in, or removed from the Common Elements without the prior written approval of the Association. Section 6.9 No Annoying Lights. Sounds or Odors. No light shall be emitted from any portion of the Condominium Community which is unreasonably bright or causes unreasonable glare, and no sound or odor shall be emitted from any portion of the Condominium Community which would reasonably be found by others to be noxious or offensive. Without limiting the generality of the foregoing, no exterior spot lights, searchlights, speakers, horns, whistles, bells or other light or sound devices shall be located or used on any portion of the Condominium Community except with the prior written approval of the Board of Directors. Section 6.10 Compliance with Insurance Requirements. Except as may be approved in writing by the Board of Directors, nothing shall be done or kept on the Condominium Community which may result in a material increase in the rates of insurance or would result in the cancellation of any insurance maintained by the Association. Section 6.11 No Unsightliness. All unsightly conditions, structures, facilities, equipment, objects and conditions shall be enclosed within an approved structure. Section 6.12 Restriction on Signs and Advertising Devices. No sign, poster, billboard, advertising device or display of any kind shall be erected or maintained anywhere within the Condominium Community except such sign or signs as may be approved in writing by the Board of Directors. Section 6.13 No Restrictions on Mortgaging of a Unit. There are no restrictions on the right of the Unit Owners to mortgage or otherwise encumber their Unit. There is no requirement for the use of a specific lending institution or particular type of lender. Section 6.14 Restrictions on Structural Alterations and Exterior Improvements. No structural alterations to any Unit or any Common or Limited Common Elements shall be done by any Owner, without the prior written approval of the Association. No Improvement to the exterior of a building which includes a Unit or to the Common Elements or to any landscaping shall be constructed, erected, placed or installed within the Condominium Community unless complete plans and specifications thereto shall have been first submitted to and approved in writing by the Board of Directors. 111111111111111111 III 1111111111111111 III 1111111 I1 IN 456177 07/25/2001 01:25P AMEND DE DAVIS SILVI 20 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO WAClientTark Central West0eclaration, Final.wpd 16 June 26, 2001 Section 6.15 Combining Units. Any Owner may physically combine the area or space of one Unit with the area or space of one or more adjoining Units, both of which Units are owned by such Owner, with the written consent of the Board of Directors (hereinafter referred to as a "Combined Unit"). For the duration of any such combination, any walls, floors or other structural separations between the Units so combined or any space which would be occupied by such structural separations but for the combination of such Unit, shall be deemed to be Limited Common Elements, provided, however, that such walls, floors or other structural separations of such space shall automatically revert to their original status if the Combined Units thereafter become subject to separate ownership. Upon any combination of Units as provided for herein, the Owners of the Combined Units shall have the same number of votes as the number of Units so combined (as if the Units had not been combined) and shall be personally obligated for each of the separate assessment obligations of all such Combined Units. Section 6.16 Plat Restrictions. The restrictions, if any, included on the plat for the Real Estate are incorporated herein by this reference. Section 6.17 Rules and Regulations. In furtherance of the provisions of this Declaration, and the general plan, rules and regulations concerning and governing the Condominium Community or any portion thereof may be adopted, amended, or repealed from time to time by the Board of Directors, or its successors and assigns. The Board of Directors may establish and enforce penalties for the infraction thereof. ARTICLE 7 INSURANCE/CONDEMNATION Section 7.1 Insurance Carried. The Association shall obtain and maintain in full force and effect, to the extent reasonably available and at all times, the insurance coverage set forth herein and as set forth in the Act, which insurance coverage shall be provided by financially responsible and able companies duly authorized to do business in the State of Colorado commencing not later than the time of the first conveyance of a Unit to a person other than Declarant, or the first occupancy of a Unit. The Association shall maintain, to the extent reasonably available, insurance policies with the following terms or provisions: (a) All policies of insurance shall contain waivers of subrogation and waivers of any defense based on invalidity arising from any acts of a Unit Owner and shall provide that such policies may not be canceled or modified without at least thirty (30) days' prior written notice to all of the Unit Owners, holders of first lien Security Interests and the Association. (b) If requested, duplicate originals of all policies and renewals thereof, together with proof of payments of premiums, shall be delivered to all holders of first lien Security Interests at least ten (10) days prior to the expiration of the then -current policies. 111111111111111111 III 111111111111111111 III 1III1I1 II IIII 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 21 of 31 R 155.00 0 0.00 N 0.00 PITKIN COUNTY CO 17 W AClientTark Central West\Declaration, Final.wpd June 26, 2001 (c) All liability insurance shall be carried in blanket form, naming the Association, the Board, the manager or managing agent, if any, the officers of the Association, holders of first lien Security Interests, their successors and assigns and Unit Owners as insureds. (d) Prior to obtaining any policy of casualty insurance or renewal thereof, pursuant to the provisions hereof, the Board may obtain an appraisal from a duly qualified real estate or insurance appraiser, which appraiser shall reasonably estimate the full replacement value of the Units and the Common Elements, without deduction for depreciation, review any increases in the cost of living, and/or consider other factors, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions hereof. In no event shall any casualty insurance policy contain a co-insurance clause. (e) Unit Owners may carry and are advised to carry other insurance on the Improvements and personal property in their Unit for their benefit and at their expenses, provided that the liability of the carriers issuing insurance obtained by the Association shall not be affected or diminished by reason of any such insurance carried by Unit Owners and provided, further, that the policies of insurance carried by the Association shall be primary, even if a Unit Owner has other insurance that covers the same loss or losses as covered by policies of the Association. In this regard, the Association's insurance coverage, as specified hereunder, does not obviate the need for Unit Owners to obtain insurance for their own benefit. (f) All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Unit Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to the Unit Owner's interest, or who permits or fails to prevent the happening of any event, F whether occurring before or after a loss, which under the provisions of such policy would -1 Z otherwise invalidate or suspend the entire policy, but the insurance under any such policy, .�, a v as to the interests of all other insured Unit Owners not guilty of any such act or omission, Z shall not be invalidated or suspended and shall remain in full force and effect. �Q Y Q F— c a- Section 7.2 Hazard Insurance on the Units and Common Elements. The Association m shall obtain adequate hazard insurance covering loss, damage or destruction by fire or other �= = m casualty to the improvements, installed or made to Units and to the Common Elements and the CZ a -other property of the Association. Insurance obtained on the Units is not required to include .rl. � improvements and betterments installed by Unit Owners. If coverage purchased by the m Association includes improvements and betterments installed by Unit Owners, the cost thereof shall be assessed to each Unit in proportion to risk. All blanket hazard insurance policies shall � N contain a standard non-contributory mortgage clause in favor of each holder of first lien Security ,10 Interests, and their successors and assigns, which shall provide that the loss, if any thereunder, W shall be payable to the Association for the use and benefit of such holders of first lien Security Interests, and their successors and assigns, as their interests may appear of record in the records of the office of the Clerk and Recorder of Pitkin County, State of Colorado. If obtainable, the n a Association shall also obtain the following and any additional endorsements deemed advisable by —Qw WAClientTark Central West\Declaration, Final.wpd 18 June 26, 2001 • the Board of Directors: (a) an Inflation guard endorsement, (b) a Construction Code endorsement, (c) a demolition cost endorsement, (d) a contingent liability from operation of building laws endorsement, (e) an increased cost of construction endorsement, and/or (f) any special PUD endorsements. Section 7.3 Liability Insurance. The Association shall obtain adequate comprehensive policy of public liability and property damage liability insurance covering all of the Units and the Common Elements, including structural coverage of the Units, in such limits as the Board may determine from time -to -time, but not in any amount less than Two Million Dollars ($2,000,000.00) per injury, per person, and per occurrence, and in all cases covering all claims for bodily injury or property damage. Cov-=ge shall include, without limitation, liability for personal injuries, operation of automobiles on behalf of the Association, and activities in connection with the ownership, operation, maintenance and other uses of the Condominium Community. All liability insurance shall name the Association as the insured. If there are steam boilers in operation on the Condominium Community, or if the Community has central heating or cooling, there must be in force boiler explosion and machinery coverage insurance providing for not less than Two Million Dollars ($2,000,000.00) per accident, per location. Section 7.4 Fidelity Insurance. The Association shall obtain adequate fidelity coverage or fidelity bonds to protect against dishonest acts on the parts of its officers, directors, trustees and employees and on the part of all others who handle or are responsible for handling the funds of the Association, including persons who serve the Association with or without compensation. The clause "officers, directors, trustees and employees" shall not include any officer, director, agent or employee of any independent, professional manager or managing agent heretofore or hereafter employed by the Association. The fidelity coverage or bonds should be in an amount sufficient to cover the maximum funds that will be in the control of the Association, its officers, directors, trustees and employees. Section 7.5 Worker's Compensation and Employer's Liability Insurance. The Association shall obtain worker's compensation and employer's liability insurance and all other similar insurance with respect to its employees in the amounts and forms as may now or hereafter be required by law. Section 7.6 Officers' and Directors' Personal Liability Insurance. The Association may obtain officers' and directors' personal liability insurance to protect the officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. Neither the term "officers" nor the term "directors" shall include any officer, director, agent or employee of Declarant nor any officer, director, employee or agent of any professional manager or managing agent heretofore or hereafter employed by the Association. Section 7.7 Other Insurance. The Association may obtain insurance against such other risks, of similar or dissimilar nature, including flood insurance, as it shall deem appropriate with respect to the Association responsibilities and duties. 111111111111 IIIIII III 456877 07/25/2002 NIIII IIIII! 01:25P IIIIII III IIIIIII II IIII AMEND DE DAVIS SILVI 19 W:\Client\Park Central West0eclaration, Final.wpd 1tme26,2001 23 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO Section 7.8 Insurance Premium. Except as assessed in proportion to risk, insurance premiums for the above provided insurance shall be a Common Expense to be included as a part of the annual assessments levied by the Association. Section 7.9 Managing Agent Insurance. The manager or managing agent, if any, shall be adequately insured for the benefit of the Association and shall maintain and submit evidence of such coverage to the Association. The Association may indemnify its managing agent, except for that agent's intentional acts or omissions or negligence outside the scope of their duties and obligations to the Association, or outside of direction from or of the Association. Section 7.10 Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and Unit Owners, the Association and the Unit Owners hereby waive and release all claims against one another, the Board and Declarant, to the extent of the insurance proceeds available, whether or not the insurance damage or injury is caused by the negligence of or breach of any agreement by and of said persons. Section 7.11 Annual Insurance Review. The Board shall review the insurance carried by and on behalf of the Association at least annually, for the purpose of determining the amount of insurance required. Section 7.12 Adjustments by the Association. Any loss covered by an insurance policy described above shall be adjusted by the Association, and the insurance proceeds for that loss shall be payable to the Association and not to any holder of a first lien Security Interest. The Association shall hold any insurance proceeds in trust for the Association, Unit Owners and holders of first lien Security Interests as their interests may appear. The proceeds must be distributed first for the repair or restoration of the damaged property, and the Association, Unit Owners and holders of first lien Security Interest are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the damaged property has been completely repaired or restored. Section 7.13 Duty to Repair. Any portion of the Condominium Community for which insurance is required under this Article which is damaged or destroyed must be repaired or replaced promptly by the Association or Unit Owner, at the Unit Owner's option as to whether the repair is done by the Association or the Unit Owner, except as provided in the Act. Section 7.14 Condemnation and Hazard Insurance Allocations and Distributions. In the event of a distribution of condemnation proceeds or hazard insurance proceeds to the Unit Owners, the distribution shall be as the parties with interests and rights are determined or allocated by record and pursuant to the Act. 111111111111111111111111111111111111111111111111111 IN 456877 07/25/2001 01.25P AMEND DE DAVIS 24 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 2{] W:\Client\Park Central WestOcclaralion, Final.wpd June 26, 2001 ARTICLE 8 SPECIAL RIGHTS OF HOLDERS OF FIRST LIEN SECURITY INTERESTS Section 8.1 General Provisions. The provisions of this Article are for the benefit of holders, insurers, or guarantors of holders of first lien Security Interests recorded within the Condominium Community. To the extent applicable, necessary or proper, the provisions of this Article apply to both this Declaration and to the Articles and Bylaws of the Association. A holder, insurer or guarantor of a first lien Security Interest who has delivered a written request to the Association containing its name, address, the legal description and the address of the Unit upon which it holds a Security Interest shall be considered an "Eligible Holder." Eligible insurers and guarantors of a first lien Security Interest shall have the same rights as Eligible Holder. Section 8.2 Special Rights. Eligible Holders shall be entitled to: (a) timely written notice from the Association of any default by a mortgagor of a Unit in the performance of the mortgagor's obligations under this Declaration, the Articles of Incorporation, the Bylaws or the Rules and Regulations, which default is not cured within sixty (60) days after the Association learns of such default; (b) examine the books and records of the Association during normal business hours; (c) receive a copy of financial statements of the Association, including any annual audited financial statement; (d) receive written notice of all meetings of the Board of Directors or Members of the Association; (e) designate a representative to attend any such meetings; (f) written notice of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (g) written notice of abandonment or o termination of the Association of the plan contemplated under this Declaration; (h) thirty (30) U days' written notice prior to the effective date of any proposed, material amendment to this zDeclaration, the Articles of Incorporation, or the Bylaws; (i) thirty (30) days' written notice prior o' to the effective date of termination of any agreement for professional management of the =y " Association or the Common Elements, when professional management had been required io F previously under the legal documents for the Condominium Community or by an Eligible W Holder; and 0) immediate written notice as soon as the Association receives notice or otherwise �Q m learns of any damage to the Common Elements or to the Unit on which the Eligible Holder holds a Security Interest, if the cost of reconstruction exceeds Twenty Thousand Dollars ($20,000.00) Cr z and as soon as the Association receives notice or otherwise learns of any condemnation or �Inm eminent domain proceedings or other proposed acquisition with respect to any portion of the Common Elements or any Units. ma Section 8.3 Special Approvals. Unless at least sixty-seven percent (67%) of the rN v; Eligible Holders of first lien Security Interests (based on one (1) vote for each mortgage owned) ID~ of Units in the Association and requisite Unit Owners have given their written approval, neither the Association nor any Member shall (a) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements or any improvements thereon which o are owned, directly or indirectly, by the Association (except that the granting of access easements, utility easements, drainage easements and water facilities easements or easements for other public purposes consistent with the intended use of such Real Estate by the Association ,1 W:\Client\Park Central West\Declaration, Final.wpd June 26, 2001 shall not be deemed within the meaning of this provision); (b) change the method of determining the obligations, Assessments or other charges which may be levied against Members or the method of allocating distributions of hazard insurance policy proceeds or condemnation awards; (c) by act or omission change, waive or abandon any scheme or regulation, or enforcement thereof, pertaining to architectural approval of improvement of Units, including the architectural design of the exterior appearance of Units, or the upkeep of the Common Elements; (d) fail to maintain the casualty, fire and extended coverage insurance as elsewhere provided in this Declaration; (e) use hazard insurance proceeds for losses other than the repair, replacement or reconstruction of the improvements which were damaged or destroyed; (f) take action to terminate the legal status of the Condominium Community after substantial destruction or condemnation occurs; (g) amend any material provision of this Declaration; and (h) establish self -management by the Association when professional management has previously been required by the legal documents for the Condominium Community or by an Eligible Holder. An amendment shall not be deemed material if it is for the purpose of correcting technical errors, or for clarification only. If an Eligible Holder of a first lien Security Interest receives written request for approval of the proposed act, omission, change or amendment by certified or registered mail, with a return receipt requested, and does not deliver or post to the requesting party a negative response within thirty (30) days, it shall be deemed to have approved such request. Section 8.4 Right to Pay Taxes and Insurance Premiums. Any holder of a first lien Security Interest shall be entitled to pay any taxes or other charges which are in default and which may or have become a lien against a Unit or any of the Common Elements and may pay any overdue premiums on hazard insurance policies or secure new hazard insurance coverage for the Common Elements or Units. 0 ARTICLE 9 GENERAL PROVISIONS own H i.? Section 9.1 Enforcement. The Association or a Unit Owner may enforce the _~o A restrictions, conditions, covenants and reservations imposed by the provisions of the Governing , 9 Documents by proceedings at law or in equity against any person or persons, either to recover 0w=z m damages for such violation, including reasonable attorneys' fees incurred in enforcing these �V m covenants, or to restrain such violation or attempted violation. Failure of the Association or of a z any Unit Owner to enforce any covenant or restriction herein contained shall in no event be No deemed a waiver of the right to do so thereafter. ~mo Section 9.2 Severability. Each of the provisions of this Declaration shall be deemed MaD N independent and severable. If any provision of this Declaration or the application thereof to any „ !� person or circumstances is held invalid, the invalidity shall not affect other provisions or ~^ 0: applications of this Declaration which can be given effect without the invalid provisions or m ; applications. ao 0 �� N Section 9.3 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. W:\Client\Park Central West0eclaration, Final.wpd 22 June 26, 2001 Section 9.4 Amendment of Declaration by Unit Owners. Except as otherwise provided in this Declaration, any provision, covenant, condition, restriction or equitable servitude contained in this Declaration may be amended or repealed at any time and from time jo time upon approval of at least sixty-seven percent (67%) of the votes in the Association and with the written consent of the Association. The amendment or repeal shall be effective upor, the recordation in the office of the Clerk and Recorder of Pitkin County, State of Colorai?t; of a certificate setting forth the amendment in full and certifying that the amendment has been approved as set forth above, and containing the written consent and approval of the Association. Section 9.5 Captions. All captions and titles used in this Declaration are i-.0ended solely for convenience of reference and shall not enlarge, limit or otherwise affect tNW which is set forth in any paragraph, section or article hereof. Section 9.6 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate their purposes of creating a uniform plan for the development of the Units and of promoting and effectuating the fundamental concepts as set forth in the recitals of this Declaration. This Declaration shall be construed and governed under the laws of the State of Colorado. Section 9.7 Singular Includes the Plural. Unless the context otherwise requires, the singular shall include the plural, and the plural shall include the singular, and each gender referral shall be deemed to include the masculine, feminine and neuter. Section 9.8 Conflict of Provisions. In case of conflict between this Declaration and the Articles of Incorporation or the Bylaws, this Declaration shall control. In the case of conflict between the Articles of Incorporation and Bylaws, the Articles of Incorporation shall Control. Section 9.9 Challenge to this Amendment. All challenges to the validity of -this amendment must be made within one (1) year after the date of recording of this document. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 111111111111111111 III 111111111111111111 Ill 111111111 IN 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 27 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 23 W:\Client\Park Central West0eclaration, Final. wpd June 26, 2001 JUN 26 '01 10:424WEN AND HINUMAN • P.Si6 0 _ U �HN FI X �04no o ►- �o d -- -- a z �N - -m o �N In Ill to � N rh M do o kn co W N IN WITNESS WHEREOF, the undersigned, being the president and the treasurer of Park Central West Condominium Association, Inc., hereby certify that the Association has obtained written approval of this Amended and Restated Declaration from owners representing at last eighty percent (80%) of the votes within the Park Central West Community and one hundred percent (100%) of the first mortgagees, as evidenced by written instruments filed with the records of the Association, or alternatively, has obtained approval from Owners representing at least forty percent (40%) of the Owners and has also obtained court approval of this Declaration pursuant to the provisions of the Act, Section 217(7). PARK CENTRAL WEST CONDOMINIUM ASSOCIATION, INC., a Colorado nonprofit corpoT211013 c By: Pr sident ATTEST: By: , Sectary STATE OF COLORADO ) ss. COUNTY OF E n ) The foregoing I ion was aciciowl ged before me on this 4ZZ ay of by pr n rei President of Park Central West Condominium Association, Inc., a Colorad nonprofit corporation. Witness my hand and official seal. 1%4y commission expires: p �� �r / o Public �g, Q.Q� W.,C&nttpark Cmual W=W)ec1&mri= Fum wpd loos 20. tool JUN 26 'al 10:43Ate-EN AND HINDMAN 0 P.6i6 STATE OF COLORADO ) n0' ) SS. COUNTY OF ) i The foregoing Declaration was acknowledge before me on this day of AA I 0 b acknowledge of Park Central West Condominium Association, Inc., a Colorado Irronprofit corporation. Witness my hand and official seal. i My corwpu" ig n�expires_`--- '?( Notary Public Pt1rjr. 1 IIIIII III11 Illl1l III 11llll 111lll illlll III Hill II IIII 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 29 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO w^�tiaWP�ne Ge+ ar1 wc$ADe iom PbLW—p4 y ? S Juc. 26, 2001 R A • • EXHIBIT A DESCRIPTION OF REAL ESTATE Lots K, L, M, N, and O Block 75 City and Townsite of Aspen also known as 210 E. Hyman Avenue 11111111111111111111111111111111111111111111111111111111111 IIII illll IN 45S877 07/25/2001 01:25P AMEND DE DAVIS SILVI 30 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO W:\Client\Park Central West0eclaration, Final.upd 26 June 26, 2001 EXHIBIT B 111111111111111111111111111111111111111111111111111111 456877 07/25/2001 01:25P AMEND DE DAVIS SILVI 31 of 31 R 155.00 D 0.00 N 0.00 PITKIN COUNTY CO 27 W:\Client\Park Central West\Declaration, Final.wpd June 26, 2001 :�,i,',�'��-y'^ ' ,Y. 'ii � ,. � �'lt�:+d; a+N , f E � :;� -. '� '� �. .,• �,t. + �y'C: a r3.�...- ~ I �. I `�1j��(1 �� �'� �, � �� ;'� ;.;� i �1,�.`! .t:M y .:IIt.'��t''.`rY - ,,,,,�YY•Z,ft sets :•.µ+ •e?f`1°+' .•"Y4;t. ,.: cf-, �"6`.,4 _ .t- t..�`.• �` 1' t?'�� �!� •^^ �� h� ��� ✓ w �'1" ," ��"�-Y . �Y 37`';��, . tr. •"�3, � � . _ `.a� ' sr R q, l S 'I' a�} .: tT' ? -d 3g� 1i.'MFft �j l�'�,'�° ;: rti. -it-tk- t k{a, 6� K}'.c�'� �. 1'� 1 r .[ 7k 1.:.� fir•`'•' 77 4i . - - .:k "--g f < � � #� a � . t � R R104R `L. � /Ll•!t` � Kllr.�s. \{.. � . _�. '�` K v� � R 'tI '' - -•RIIfIL Lim •� � � _ � a�EC1TION (Aj1�.GE1�1'f LD't5 A IVA .11. e3Loe vC 1 S ON I P[JP�LtG tI..ey� WIDE ELEL, 4 GOa1nAV41cAiloN - - EMtI•�7 (x.C.fE _ 6AU i ESL/ Cis. •N lloE� . 5, 75" 149. 50, _ 9 _ I } I� q O l I y. o' '/ o• a� L o' 1. 1 �. c 58f IS�J C S` 12.0/ �.a`.. 9 I + V `Toy 1.0 9•a� 4.0' 70 1 53 w� I to ' It tt i N N c RAF - I: 0 RAM P Ivi ( G R• 1 . .--GOU UNIT b I I LOW iaR I I I i J C1 GV. IOZ•op M j I UNIT �G I I I = ---T- . UIN i UNIT *DI UNIT '� 1 ICLoWE.rt UNIT ! 3 I pWER p ryy{sb--------H------ taLEV oo !<LBV. to o cslfR/tal+C 6,G.1 ll W UN►I" 2 Vim` R UNIT 4 uR I L�LG l o ob U .� - R � ! _ - r� rwe i`� z I r t. r. ru/a � L.G..• VA" Y ALjov[ L-L.e. R P. •WE L... =. t•..,... u Z t 4 ,L.e.. S� °c'"' y ' I I sAiGo�ll ks" ARV UNIT 7 UrM -7 I ZL- YARD i L.G E. ur111 I I t YARD C.E uN� 3 W F&4r;E 1 I OFFIG&� ( LOWI C Q LOT j O r L• 1 LOT I I I I B L 75 , I coo oPr�E v�ei.. I i, r G. y. s. I ceRocN I I I l=tBv. 18. 00 I PooC d- a c. 6. i•---I M viv 7� Io 1Li�atot � G-+., E `` sl�swa.�1L 1 GU26 • GvtrarL HYMAN PLOT PLAN 149.501 j I AVENUE i /4 -W wlli y,.r}t a,�•C'SL'^'rSS..I't.atr �„ a� -t•`�:*�,'Sw _ f. -s ii,!�:'•:i'.P..lGr t�!.-�',w,le,i$t t,3"� ;:+ "!>::R9•,..:.rLi A•'!tiF at•' $y •^YS• `�Ci sF`�.•�. _ __, rT �. ., CITY ENGINEER' APPROVAL t- •t'. ! I PLANNINfi AND ZONING APPROVAL,. ✓ �f }. s con or n u■ Mao o ParkCentral Nest s con oe n u■ Iaao oirTark Central Hest ;9'PZ4 * ;• ••as approved by the City of Aspen " was.aonroved the City Eneineer. Clty'of ._� ' 'ITrnin an-1 7eninf Co•misston this a Aspen, this dale of NovMper 198(l.;'•, s x r .t r day of Vovenhrr _ . 19p0. 1f i t• r; y _ a+lt i y i • ''F •, t r� 1 — e �, r� ty n neer, A.F ' 10 ,- ✓ • F,_,y ,�, 't'.�. _. ,:= r .. ., it .. •. e OWNERS CERTIFICATEIt • t !� re c Olson and Elizabeth Ann Nicholson as owners of the fnllowina described real. nronerty. t�soM ` do hereby certify that this laao of the Park Central Rest cnndomjniun. has been nrenared pursuant to t purpose stated in the Declaration of the Covenant, for the Park Central West'condein +ted c day se !7r' 1980 and recorded on %/ day of 198Q in Book T�, : r• £. i pPge� records o the clerk and recorder of n County, o ova o. : w raN i �'���Gtrlli'�►si TATE OF C.OLORADO ) The forenoino Owners Certificate SS was acknowleEn d.before me this . Al ed C. Nicholson Elizabeth A. NicholsonCOUNTY OF PITKIN ) �iJ� 4day of C"�fj�,loan by Alfred C. Nicholson, owner o ark Ccntra �st condom,nnRRms witness my hand and seal this �daY Ot C'Y111SEX.. '` 4y commission expires: f 6 15, ° STATE OF HANAII ) The foregrinn Owners Certificate - ;, r I ) SS vas alknow'ted fore me this COUNTY OF HANAIIi �?/ Kday of l00I by Elizabeth Ann Nicholson, owner of Park emirst c d m .niu s. witness my hand and seal this _daY of y comm s oq exr.ires: l 1E k'r t� tioiary u UiJ: vJ _ �. SURVEYCRS CERTIFICATE 1. Ken Tenn, a— registered land surveyor, do hereby certify that. a survey was made under my direction c ; and sunervisfon of Lots K,L,M,N,0. Block 75, City of Asron- county of Pitkin, State of,Color� during the month of October, 198n. I further certify that this elan of Park Central West 4ALo�� fully and accurately depicts the horizontal location of the huildina and lmnrovenents sit vewen man was Prepared subsequent to the substantial completion of the depicted and described. )ie, on the &Dove described Property.2%]Q STATE OF COLORA00 ren g-•1 �.'In'I(ll'v�'•...�'Q+ 1 a::1 g ♦ _ 1 IJttt� , COUNTY OF. PITKIN, i • f ;" The foregoing surveyors certificate was acknowledged before me this davof.,f:_�;� ,, c a re lstered land sn:;eyor. Witness my hand and offic a sear th1s4 day of 5MN► �2 q �D IKen 61etin. 9 S + r r# `.lam 1980. < my commission expires, yr t r t y l; Are 60 « a u 7c CANNON",: t� N J 14 ;y.�,� ; AP 41TECTS CERTIFICATE a <t f t1� �#rl( c o son. a renistered rrchitect 1n tha State of Colorado. do Aereby`ceritfy that this 1 c.'y1" � ; c'i ma ibstantialitr depicts the location. and, the horizontal and, vertical measurements is t;f, the hulldln• r� + .,r;.�� „• .i 9gits. the unit desinnations, the dimensions of ,the units. the' elevatiotls of the unfinished tleors and �'ITfnns as- constructed. C t � rPtiti� '.iti' .� •• a: '� STATE OF COLORADO ) S$ r C. 1f o sort Eti COUNTY Or PITKIN )) A e,tAdav of reyvA� 198n The fore��inn Architects Certificate was acknowledged before me this•' x?Y <• 1+Dy Alfred Nicholson, a renistered architect. fitness my hand and otiTcial seal�ffT�dar of L1 1980_ My commission expires: Notary c t {t JSTATE OF COLORat,O t SS. f6vNo c4" of AsrstA COUNTY OF PITKIN , 'rHWtl� oLouC 75; A,, Acce ted for Mint in the office of rl-rk and ecorder of the r.nunty of Pitkin. State of Colorado at �' ! o'clock ti this _ —da:' cf }�_• IgAO in Bonk at Pane RPcert on No.• 11EP111 CTE2� LOT T r IlDMR MTTH a 4 �. �e�au>w+dt � ova 111.W C�t�ll�.,. fVi. (' O 1 r NP19W" Ar N • cort.+tat� f 6t.ocic 7v LEGAL DESC''1"-11N FOE PUBLIC E1_ECTRIr COM4V41CA-1 " '.Nn UTILITIES E1SEMENT P narc(i Ff '.and lo;.,r-d vii;hjn r'^ck 75. Orininal f.s-)en -rc.-,site. Cnlnrado, 6eina 1.0 *t. wide and . ^1.25 ft. long for an Electric, Comminication 'ind Ilti;i v easement berm described as follows: Ceninnlne it the Mr-rt'teas'_erly corner of Lot 91 Blrck 75. nriolnrl Asnen Townsite, Thence N75 09'11"W 45•00 ft. along the Northerly line of Lots N S 0 of said Block 75 to the :rue point of beginnin Thence S11009'11"E 10.90 ft. alone t'te Northerly line of Lot M of said Block 75. Thence S14050'49"W 21.25 ft. T'•nrrw ►1750g9' 11 "N 10.0n ft. Thence Nlao5n'49"E 21.25 ft. to the true point of beginning. ASPEN CITY COUNCIL APPROVAL AND ACCEPTANCE This condominiurl mao of Park Central ' Nnst was annrn'yed by the linen City Council and the errant of the public easement sh wn hereon was accepted this sy of November: . lgAO. ATTEST: yV�% JLil.4� r r t e i r GONDOMI N I UM MNP 0 SHE;E PA Rr, CI:NTK AL WEST Mo r• rL v4 5EG'i1 x45 t CKIKI `KATE5 , 3CALM : is 1CI—t GM►TE : M�fl dQ f:. 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