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Home My WebLink Aboutcoa.lu.co.534 E Hopkins Ave.0041-052'3707331003/004/005 Za Case 0041.2005.ASU CI 0 City of Aspen Community Development Dept. CASE NUMBER 0041.2005.ASLU PARCEL ID NUMBER 2737-07-3-31-003 PROJECT ADDRESS 534 E HOPKINS AVE PLANNER JAMES LINDT CASE DESCRIPTION REPRESENTATIVE CONDOMINIUMIZATION JOSEPH E EDWARDS 925-8700 DATE OF FINAL ACTION 6/6/2005 CLOSED BY Denise Driscoll 06 05 10:36p JUT b. M'j 10:36AM ■■■ ■e 130 S. Galena St. Aspen CO 61611 (970) 920-5090 (970) 920-5439, fax COMMUNITY DEVELOPMENT -r�- - .", M"90 N0.2257 P. I To: Linda DeLost From: Denise Driscoll Fax: (970)963-3011 Pages. 2 Phone: te: une 6. 2005 Re: C: Urgent 0 For Review D Please Comnw-nt ❑ Please Reply Please fax back the signed waiver. Thanks, Denise Driscoll ❑ Please Recycle p.1 FNe Edit Record tt1avgate Fgrm Reports Format lab Help _ Module Help . SN j char Conditions Sub Permits Valuation Public Comment Attachments Main � Roratirq Status Atch/Eng Parcels Custom Fields Feei j fee Summary j Actions I Routing History Perrrrt Type esh+ T3Mpen Land Use 2614 Permit # t Address 5 E HOPKINS AVE J Apt/SA- COY ASPEN Statel`" -1 Zip 81611 J Permit information — _ Master Permit 0027.2004.AHPC R qr aslu Applied �� oved Spending_._._.___._ �� Status Prefect __ M -A—TI t7escriptionlCONDOhiINIUMI7}+.TION Issued � ---� Final SubmittedJOSEPH E EOWARDS 925 8700 0 Expires {06I01120� Clods Run> Days xP Viable on the web? Peimit ID: F 34474 0 wner La;t Name STIN LAWRENCE PAR Fitst Name AU ............ 314 S GALENA ST ASPEN C0 81611 j Phone (970) 920-4988 214 View D Record: 2 of 3 v I KLI,IN, COTE & EDWARDS, Y.C. ATTORNEYS AT LAW HERBERT S. KLEIN hsk@kcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COTE, PC* Irc@kcelaw.net ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, 111, LLC jee@kcelaw.net June 1, 2005 TELEPHONE: (970) 925-8700 MADHU B. KRISHNAMURTI inbk@kcelaw.net FACSIMILE: (970) 925-3977 also admitted in California Hand Delivered James Lindt Aspen Community Development Department Re: Condominium Map of Conner Cabins and Lofts Dear James: Enclosed please find 2 Mylars and 2 blackline copies of the above -referenced Map. Except as noted below, I believe we have addressed all of the issues raised in your Memorandum to me dated May 25, 2005. Regarding item 4, we previously agreed that the "office" use is a preexisting nonconforming use, but we are not going to describe it that way on the Map because the zoning code may change someday to make it a legal use. The Note now states that the property owners will comply with zoning, including nonconforming uses. This letter can be our agreement that "office" is a preexisting nonconforming use, without the necessity of recording that on the plat. I would appreciate it if you would sign one copy of this letter and return it to me for our file to confirm this agreement. If it becomes necessary, I may record a fully -signed signed copy this letter. Regarding items 5 & 6, there are no LCEs. Regarding item 9, the surveyors said there are no cap numbers on the ties. If you have a question in this regard, please call Yancy Nichol at Sopris Engineering, 704-0311. After you have obtained all of the City signatures, I would appreciate it if you would deliver the signed Mylars to Land Title Guarantee Company. We have multiple closings scheduled for Thursday morning beginning at 9:OOAM and several documents need to be recorded in the correct order. Land Title needs to control the recording order. Thank you very much for your assistance. Please call me if you have any questions. Very truly yours, KLEIN, COTE & EDWARDS, P.C. yr:_ > -0 Jose Edwards, I AGREED AND APPROVED REGARDING THE PR ING "OFFICE" USE CITY OF ASPEN COMMUNITY VELOPMENT DEPARTMENT By: A�J# James Lindt 113 10l►Nt117M. 1110► I To: Joseph E. Edwards, III From: James Lindt, City of Aspen Senior Planner Date: May 25, 2005 Re: Connor Cabins Land Condominium Plat - Community Development Department's Comments Please make the following modifications to the proposed plat: 1. On Sheet 1, remove "Land" from title. V 2. On Sheet 1, amend legal description to identify that these are 3 ✓ separate parcels of land and list their separate legal descriptions. Subdivision approval would be required to consolidate the parcels into one parcel. 3. On Sheet 1, please remove proposed property corners (pins) since this is a condominium plat rather than a land subdivision plat. 4. On Sheet 1, please amend plat note 6, sentence 4 to read as follows: " Declarant reserves for itself and future owners of the Cabin Units, the right to construct and locate cabin buildings, to be used for office and limited retail uses. The Office use in the cabin units are a legal non- conforming use and is subject to the City of Aspen's requirements for non -conforming uses." 5. On Sheet 1, please clearly label what is to be limited common element (� and what is to be general common element. 6. On Sheet 1, label the "area" under land use summary to say "area of ✓ limited common elements". 7. On Sheet 1, remove sheet 2 from the index of sheets. 8. On Sheet 1, please change City Engineer's signature block to read Community Development Engineer. 9. On Sheet 1, please inclu Ady cap numbers of all monuments that you are tying the property to. — !V4 -4-5 10. Please remove Sheet 2 from the package since this is a condominium plat of existing improvements only. 11. Obtain all signatures with the exception of the City Community Development Director, Community Development Engineer, and Pitkin County Clerk and Recorder prior to submitting two (2) mylar copies to the Community Development Department. A recording fee of $21.00 (payable to the Pitkin County Clerk and Recorder) is due upon submittal of the mylars to the Community Development Department. ATTACHMENT 2-LAND USE APPLICATION APPLICANT: Name: lZ, � L�- e- — e�3 [4 0 P- r (u Location: LacA- 13 f 3 Q,(Z.S � C=. -t 7• (Indicate street address, lot & blotk number, legal description where appropriate) Parcel ID # (REQUIRED) REPRESENTATIVE: Name: VOSQC.rtt&, Lld Address: ?.o i (�. ptit; ((, Z l e- "— Phone #: + �? Z 70 PROJECT: C�P1 a e r Cu hl �� S Name: Address: Phone #: TYPE OF APPLICATION: (please check all that apply): ❑ Conditional Use ❑ Conceptual PUD ❑ Conceptual Historic Devt. ❑ Special Review ❑ Final PUD (& PUD Amendment) ❑ Final Historic Development ❑ Design Review Appeal ❑ Conceptual SPA ❑ Minor Historic Devt. ❑ GMQS Allotment ❑ Final SPA (& SPA Amendment) ❑ Historic Demolition ❑ GMQS Exemption ❑ Subdivision ❑ Historic Designation ❑ ESA - 8040 Greenline, Stream Subdivision Exemption (includes ❑ Small Lodge Conversion/ Margin, Hallam Lake Bluff, condominiumization) Expansion Mountain View Plane ❑ Lot Split ❑ Temporary Use ❑ Other: ❑ Lot Line Adjustment ❑ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 3 Inc 5l Ca 'OeM S PROPOSAL: (description of proposed buildings, uses, modifications, etc.) 6,3"4U kti th t (t W% era Have you attached the following? FEES DUE: $ ❑ Pre -Application Conference Summary ❑ Attachment #I, Signed Fee Agreement ❑ Response to Attachment #3, Dimensional Requirements Form ❑ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards All plans that are larger than 8.5" x 11" must be folded and a floppy disk with an electronic copy of all written text (Microsoft Word Format) must be submitted as part of the application. AETAJN;:5 IRMANEW RECW CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and AMO J LA1-l(Wn1CC e-4 KrJ&-yc ) (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for 64 AJnM M.t I/V t "(K 17,/�Tt d (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that City of Aspen Ordinance No. 57 (Series of 2000) establishes a fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accrue following their hearings and/or approvals. APPLICANT agrees he will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when they are necessary as costs are incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CITY and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Planning Commission and/or City Council to enable the Planning Commission and/or City Council to make legally required findings for project consideration, unless current billings are paid in full prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior o a deteVination of application completeness, APPLICANT shall pay an initial deposit in the amount of $�-which is for _ hours of Community Development staff time, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $220.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT By: By: Julie Ann Woods Community Development Director Da e: G Z OS Mailing Address: 1zle/ N. M 1 �3 A Xz= 1 g:\support\forms\agrpayas.doc 1/10/01 May 23, 200E Michael Noda OZ Architecture 3012 Huron Street, Suite 100 Denver, CO 80202 RE: Drainage Report and Drainage Structure Design for the Conner Cabins SE Job No. 25054.01 Dear Mr. Noda: Pursuant to your request, this letter/report presents our findings in regard to the drainage design for the above referenced Site. Our recommendations are in accordance with City of Aspen Interim Design and Construction Standards and our understanding of the use of the City's existing storm water management system. We have reviewed the site plan drawing emailed to us on March 23, 200E and we have formulated a storm water management system and created a drainage plan with construction details as part of our scope of work. We have calculated the hydrologic requirements for a storm water management system that includes the installation of surface drainage features and roof drain conveyance pipes designed to handle the runoff from the proposed drainage sub -basins. We understand that surface drainage capacity is available through the existing storm drainage system as indicated in the "Surface Drainage Management Plan for the City of Aspen" dated 11/2001. conchisinns Based on our findings we believe that the design and installation of a drainage system is feasible in accordance with the Regulations and policies of the City of Aspen. We recommend that a series of roof surface drainage features be installed to collect storm water flows from the developed site for discharge to the existing City of Aspen storm water facilities on S. Hunter Street (System I) and Galena Street (System II) via E. Hopkins Avenue. The design is based on the stormwater runoff from the connected impervious area within the limits of the existing site development area. Our conceptual design is outlined below and is delineated on the attached drawing. Existing Site Conditions The subject site is located at the Northwest corner of East Hopkins and South Hunter Street in the City of Aspen. The Site, which is currently being re -developed comprises approximately 9,780 SF of total land area. The existing facility does not have a storm water management system. The existing grade on site is relatively flat with a 2%-3% slope to the northwest. The site has a maximum relief of approximately 2 feet. The pre -development drainage flow pattern on the site generally runs across the flat slope to the northwest. No existing defined flow path exists. No significant offsite runoff is conveyed to or routed through the site. 502 Main Street • Suite A3 • Carbondale, CO 81623 (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING ® LLC civil consultants Michael Noda SE Job No. 25054.01 May 23, 2005 Page 2 Proposed Site Conditions The existing historical cabins along E. Hopkins Avenue are to be relocated closer to E. Hopkins Avenue and three additional buildings will be added North of the cabins along the Block 93 Alley. The plans include the construction of a lower level approximately 10' below the surface grade. The site is covered over 87% with hard impervious surface with limited pervious to semi -pervious surfaces. Drainage Improvements Our proposed plan involves the collection and conveyance of water runoff from the developed site improvement drainage basin that comprises an area of approximately 9,780 SF on the site, which for simplicity is the total area of the property. The storm water conveyance facilities are designed to handle the runoff from the proposed improvement drainage basin. The primary quantity of Storm water runoff will be generated from the roof and will be collected by roof gutters and downspouts and routed via drainpipes to the adjacent street gutters via pipelines, to curb cut outlets and/or concrete valley pans. Geo-technical evaluations are still pending. Drainage Design Criteria The drainage design hydrology is based on the runoff from the entire site assuming 98 % of the area is directly connected impervious area. The storm water conveyance system is designed to discharge the runoff volume from the 100-year event for the Aspen area. The design is based on the application of the rational method for the design storm event utilizing the rainfall intensity on the time -intensity -frequency curve in relation to the time of concentration. The post development storm water runoff from the new directly connected impervious areas on the site will be conveyed to and managed by the City storm water management facilities. The peak runoff rate to be conveyed to the existing street gutter is based on a minimal time of concentration for this small site. We have used an average time of 10 minutes. The City of Aspen has adopted the U.S. Weather Bureau Technical Paper No. 25-40 for the applicable design storm. The 1-hour Time -Intensity -Frequency Curves included in the Interim Design standards were utilized to extrapolate the rainfall for the storm duration. The rainfall intensities for a time of concentration of 10 minutes for return frequencies of 5 and 100 years were used to calculate the peak runoff. Time (hr) 5-year storm Intensit (in/hr) 100- ear storm Intensit (in/hr) 1.5 0.76 1.41 TOTAL RAINFALL (in) 1.14 2.12 . 1. Michael Noda SE Job No. 25054.01 Drainage Sub -Basin: Pre -Development Surface AREA AREA AREA Rational Basin SF AC % Coefficient IMPERV-PAVE 427 0.01 4.37 0.9 IMPERV-ROOF 3875 0.09 39.62 0.9 PERVIOUS 5478 0.13 56.01 0.35 TOTAL 9780 0.22 100.00 Weighted Rational Coefficient SURFACE AREA C PRODUCT PAVEMENT 0.01 0.9 0.01 METAL ROOF 0.09 0.9 0.08 NATIVE LAWN 0.13 0.35 0.04 TOTAL 0.22 0.13 Cw = 0.59 Runoff Calculation May 23, 2005 Page 3 Post -Development Surface AREA AREA AREA Rational Basin SF AC % Coefficient IMPERV-PAVE 658 0.02 6.73 0.90 IMPERV-ROOF 7850 0.18 80.27 0.90 PERVIOUS 1272 0.03 13.01 0.35 TOTAL 9780 0.22 100.00 Weiqhted Rational Coefficient SURFACE AREA C PRODUCT PAVEMENT 0.02 0.90 0.01 METAL ROOF 0.18 0.90 0.16 NATIVE LAWN 0.03 0.35 0.01 TOTAL 0.22 0.19 CW = 0.83 Design Flow rates based on the rational method using minimum time of concentration of 10 minutes: Q=CIA Tc=10 MIN. Pre -Development C I(in/hr) A (ac) Q (cfs) Post -Development C I (in/hr) A (ac) Q (cfs) 5-YEAR STORM 0.59 0.76 0.22 0.10 5-YEAR STORM 0.83 0.76 0.22 0.14 100-YEAR STORM 0.59 1.41 0.22 0.18 100-YEAR STORM 0.83 1.41 0.22 0.26 5-YEAR STORM POST -PRE DEVELOPMENT Q (cfs)= 0.04 100-YEAR STORM POST -PRE DEVELOPMENT Q (cfs) = 0.08 Convevance Svstem We recommend that a series of roof and surface drainage features be installed to collect storm water flows from the developed site for discharge to the existing City of Aspen storm water facilities on South Hunter Street (System I) and Galena Street (System II) via East Hopkins Avenue. The proposed roof downspouts of the Loft Units adjacent to the alley will be piped to drain directly to the alley. The water will collect in the proposed valley pan and will flow down the existing flow line on the West side of South Hunter Street to the existing storm inlet on the south west corner of the intersection of South Hunter Street and Main Street and routed to the existing City of Aspen storm water management System I. The Cabin Units adjacent to East Hopkins will drain in their historical pattern to East Hopkins Avenue as shown on the grading plan. The water will flow down the existing flow line the North side of East Hopkins Avenue and will be routed to the existing storm water inlet on the southeast corner of the intersection of Galena and Main Street and routed to the existing City of Aspen storm water management System II. Michael Noda SE Job No. 25054.01 May 23, 2005 Page 4 General Notes: We understand that surface drainage capacity is available through the existing storm drainage system as indicated in the "Surface Drainage Management Plan for the City of Aspen" dated 11/2001. If the City of Aspen request changes or modifications to this design, we should be contacted to evaluate the effect on the proposed storm water management system. If you have any questions or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Stephanie norofskie, E.I. Design Engineer Yancy Nichol, P.E. Principal KLEIN, COTE & EDWARDS, P.C. ATTORNEYS AT LAw HERBERT S. KLEIN hsk c kcelaw.net 201 NORTH MILL STREET, STE. 203 LANCE R. COT> , PC* Irc@kcelaw.net May 25, 2005 ASPEN, COLORADO 81611 JOSEPH E. EDWARDS, III, LLC jee@kcelaw.net TELEPHONE: (970) 925-8700 MADHU B. KRISHNAMURTI mbk@kcelaw.net FACSIMILE: (970) 925-3977 • also admitted in California Hand Delivered James Lindt Aspen Community Development Department Re: Conner Cabins and Lofts Dear Nick: Enclosed please find 2 copies of the Plat, 2 copies of the Engineering Plans, 1 copy of the Condo Declarations and 1 copy of the Drainage Report for the above -referenced project. Also enclosed is a letter from Sopris Engineering. Please call me if you have any questions. Very truly yours, KLEIN, COTE & EDWARDS, P.C. B Jo E. Edwards, III /hills\connerA lindt Itr CONDOMINIUM DECLARATION RD- CONNER CABINS & LOFTS a Condominium Common Interest Community ASPEN, COLORADO Declarant: Austin Lawrence Conner, LLC, a Colorado limited liability company 314 South Galena Street, Suite 200, Aspen, Colorado, 81611 TABLE OF CONTENTS ARTICLE I STATEMENT OF INTENT AND PURpOSE 1.1 Authori ................ .............................. 1.2 Declaration- Coven 1 ants Rennin with the Land ........... 1.3 Purpose Development Reeime Maxim """""""""""""' 1 um Number of Units .......................................... 1 ARTICLE 2 DEFINITIONS 2.1 Allocated Interests 2.2 Articles or """" Articles of Inco oration 2 2.3 2.4 .................................. Association —.............................................. ........................................................................ ...............................................2 Board or Boardof Directors 2 2.5 2.6 .............................................................................................. Bui_lding ............................................................................... 3 2.7 Bylaws ...................................... 3 2.8 Cabin Unit ..................................... .................................................................................... ........................................ 3 Common Elements 3 2.9 Common Exense or Common Ex ens.e..L........... ................................3 2.10 Condominium Laws ... 3 2.11 Condominium """"""""' Map or Map ......................................................... 3 2.12 ............................... Condominium Propertv .......................... ..................................... 3 2.13 Condominium Uor..................................""' .................................................................Unit 4 2.14 2.15 Declar ant .......... 4 Declaration or Condo minium Declaration ....................... 4 2.16 Development Riehts d Special Declar........... 4 2.17 2.18 ErsM.............................................................................. 4 2.19 First Mort a 4 General Co moron Elements •••••••••••••.... 5 2.20 .............................................................................................. Improvements ........ 5 2.21 ................................................................................................................:............ 5 2.22 Limited Common Elements ............................................... 5 2.23 2.24 ...................................................................................... .......... Loft Unit.................................................................................................................. Marketing Period....................................................................................... 5 2.25 Mortgage 2.26 Mortgagee....................................................................................................................... 6 2.27 .................................................... Owner ...................................... .. 6 2.28 Project ..................... 6 ........................................................................ 6 i ARTICLE 3 ESTABLISHMENT OF CONDOMINIUM OWNERSHIP 3.1 Condominium ........................ 3.2 Use of General Co................................................................................... moron Elements ••••••••• 6 ARTICLE 4 INSEPARABILITY OF A CONDOMINIUM UNIT 4.1 Inseparability of a Condominium Unit 4.2 Inseparability of a Ri ' ' ht to Construct Residential 6 4.Buildin o "'••'•�"•""..................... " 7 n a Loft Unit 3 Inseparability of a Ri ht to Construct Cabin B unldin on a Cabin Unit .......•......•............ 7 ARTICLE 5 CONDOMINIUM MAP 5.1 Filin of Map ................................. 5.2 7 Certification of Ma """"""""•••••••••••• Units and 5.3 Su lements of Map for Loft ""•'"•"""""""""""' Cabin Units .................................. .................. 8 ARTICLE 6 DESCRIPTION OF CONDOMINIUM UNIT 6.1 Le al Description of Condominium Unit ........................ Condominium Unit Bo ......................... '2 undaries ........................ 8 •3 Amendments Deemed Included 8 6.4....................................... ............................ 8 Conveyance of a """'•••••••••••••• Condominium Unit .................................. 6.5 Subdivision of Condomini""""""'•••••........................••.. 8 um Units ......... 6.6 Relocation of Bound ................................................. anies Between 9 Ad'oinin Units ............................. 9 ARTICLE 7 TITLE AND OWNERSHIP 7.1 Title ............... 7.2 Term of OwnershipI ........................................................................................................... 9 7•3 Nonnartitionability of Common_ _Plpn .„+- 10 7.4 Transfer of Common Elements .................................................................................. 10 ARTICLE 8 USE AND OCCUPANCY 8.1 Use of Common Elements .............................................................................................. 11 8.2 Use of General Common Elements 8.3 General Use Restnictnons......................................................................... ••••••••••••••..•.•.••.1•.1..-1128•4 No Timesharing..............................................................................................1 13 ii ARTICLE g 9.1 ----..--.—~----- ��> ----------------~------..l] 9.3 Lighdity_._____.__.___._.__--~--'—'---'~--~---~'~'--'--..l3 9�� .___.___.__.______. --'------'-------~—~'''---.'l] ��5iseme ---- l4 ��6 �--------- ---------' 14 nd Maintenance Easemen ��7 ----------'-----------.l4 A.0 ------'—~~--''-------------'---'-~----..l4 --'—'-'------''---'—''' --,--.—,--,.—.—,,,---,,—,14 ARTICLE l0 10.1 lDll ------''--'-- ]4 nce 1012 �------ —'----'----' 15 Assoc 1 iation's Ritzht to Grant Owners Maintenance Re lU�| 15 lO�� ---'------' l5 10.4 - --'—'------ 15 li lU.� �--- -------'-------'-----~'—'----'-'--...l5 }K� ----------------'---'-'-----. 16 '----~----------'-------'--------'--- 16 ARTICLE I ll.} Sel:)arate Assessments and Taxation - Notice to Assesso 11.2 Assessments and Taxatio ----'--~~—'--'''--...l6 � -------'~---------'-------'---. 16 8RllCLEl2 CONDOMINIUM OWNERS ASSOCIATION 12.1 The Associa ion _____________.__ l2-Z _____~_______._.__ ------~'--~—'---'--------'—'—. 17 l2'] ----'--'~--'—'—~--------'''-''—..l7 12/4 Lransfer__—'--'---'---''-----'—~-17 12.5 Vote by ProMY ..__.___.__.__~_,_._------'---'—'------~---~--.l7 '---------''---~~---~'—~—'—...l8 ARTICLE 13 PURPOSES AND PO ERS )F ASSOC LTIoN 13.1 Nonprofit Purpose -----~'----'—' 13.7 Association Powers -----~—'----------------.. l8 18 �� 13.3 Limitations on Association's Powers Durina the Marketin Period ............................... 19 13.4 Association As Attome -in-Fact........................................................... 13.5 Owner Compliance 20 ...................................... 13.6 Maintenance of Common Elements """"""""•'"............••. 20 13.7 Desi n Review20 ............................................ 13.7.1 No Change in Prone W' ............••••••."" 21 rtv ithout AP rp oval ............................................... 13.7.2 Definitions and Restrictions ......••. 21 13.7.3 Landscaping........................................................................................................21 13.7.4 Board of Directors and A pproval of Plans ....................................... ..... 21 13.8 Other Duties of the Association """""""..................................................................................... 22 ARTICLE 14 MAINTENANCE RESPONSIBILITY FOR UNIT 14.1 Owner's Responsibility 14.2 Owner's Responsibility for Tenants Conduct " 23 14.3 Owner Remodelm23 ................................................................. 14.4 No Impairment of Structural Soundness ""' "" """"' 24 ....................................................................... 24 ARTICLE 15 BOARD OF DIRECTORS 15.1 Board of Directors ........................... 15.2 Mana ng Aft .................................................................................. 24 15.3 Budget 25 15.4 Marketing Period...............................................................................................................25 15.5 Election of the Board during Marketing Period 25 15.6 Election of Board after Marketin Period """"""' ' "' """' 25 ....................................................................... 26 15.7 Removal of Board Member ............................. 6 15.8 Delivery of Association Documents 15.9 Limitation of Liability of Certain Persons """" 26 27 ARTICLE 16 ASSESSMENT FOR COMMON EXPENSES 16.1 Obligation 16.227 Apportionment .............................. 16.3 Purpose of Assessments ."""""""" 16.4 Excess Assessments """""""' 16.5 Interest.............................................................................................................................28 16.6 No Waiver or Abandonment........................................................................................... 28 .............................................. ...................... 28 16.7 Benefit of Class of Owners "" 16.8 Misconduct-, Ne licence ......... 28 ................................................................. 28 iv ARTICLE 17 INTENTIONALLY OMITTED ARTICLE 18 COLLECTION OF COMMON EXPENSES 18.1 Assessment Lien ............................................................... 18.2 Effect of Non a """"""""""""""""' pyment of Assessments ...... • •.. 29 ARTICLE 19 INSURANCE 19.1 Insurance Required ........................ 19.2 Cancellation of Insurance 30 19.3 ............................................................................................... Specific Provisions......................................................................................................... 30 19.4 Adjustment of Claims 30 19.5 ............................................................................ Owner's Responsibility for Insurance 31 19.6 Certificates of Insurance ........... 31 19.7 Dama e Repair .................... 32 19.8 Fidelity Insurance """"""•""" - ........................... 19.9 ........................................ Insurance Premiums are Common Expenses """"""""'•"•""••.••.• 33 ARTICLE 20 INTENTIONALLY DELETED ARTICLE 21 CONDEMNATION 21.1 Total Condemnation ............................ 21.2 Partial Condemnation ............. ............................................................ 21.3 Condemnation of Common Elements """.....•.............•••• 33 21.4 Recordation of Decree ARTICLE 22 STATEMENT OF ACCOUNT 22.1 Statement of Assessments ................................................. 22.2 Grantee and Grantor Both Responsible """""""""""""""""""' 34 .......................................................................... 34 v TERMINATION OF MECHANIARTICLE 23 CS LIEN RIGHTS AND INDEMNIFICATION 23.1 Mechanics Liens ................................. 23.2 Indemnification """ ARTICLE 24 MORTGAGING A UNIT - PRIORITY 24.1 Encumbrances ..............................................................................35 ARTICLE 25 PROPERTY FOR COMMON USE 25.1 Association Property ................................... ARTICLE 26 DEVELOPMENT RIGHTS SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 26.1 Development Rights and Special Declarant Rights........................................................ 35 26.1.1 Completion of Improvements ........................................... 26.1.2 Exercise of Development Rights """""" 36 26.1.3 Sales Management and Marketing """"""""""••••..••••. 36 26.1.4 Construction Facilities 36 26.1.5 Construction Easements........................................................................................ 36 36 26.1.6 Master Association ............................................................................................. 36 26.1.7 Intentionally Left Blank 26.1.8 Control of Association and Board of Directors.................................................. """""••••..•.•• 36 26.1.9 Amendment of Declaration • • • •.. 3 6 26.1.10 Amendment of Map 36 ....................................... 26.2 Additional Reserved Ri hts ""' . .............. 37 ............................................................................................ 37 26.2.1 Dedications .......... 26.2.2 Use Agreements.................................................................................................. 37 26.2.3 Other Rights........................................................................................................ 37 ................................................................................. 37 26.3 Temporary Construction Easement ............................................................................ 37 26.4 Rights Transferrable ........... 37 ............................................ 26.5 Unilateral Rights Reserved by Declarant .............. ARTICLE 27 INTENTIONALLY DELETED ARTICLE 28 REVOCATION OR AMENDMENT OF DECLARATION vi 28.1 Revocation 28.2 .............................................................................................. Amendment .... 38 28.3 Challenge to Amendments................................................................................................ 38 28.4 Recordation ................................. 39 28.5 ......... ............................................................. Unanimous Consent Required for Certain Amendments................................................• • • • • • • • • • • • • 3 9 28.6 Association Certification 39 28.7 .............................................. Expenses _......................................................................................................................... .......................................... """' 39 39 ARTICLE 29 MISCELLANEOUS 29.1 Registration by Owner of Mailing Address 29.2 Additional Rigas Rights of First Mortees ."'.""""""""""""""••'.......• 39 29.3 Severability ................ 29.4 Annlicability of the Act................................................................................................... 40 29.5 Gender .................... .......................................................................................... 40 ............................................................................................................... 40 29.6 Applicable Law .............................................................................. 29.7 Binding Bement 40 - .......................................... 29.8 Reference to Ownership Interests "' ' " """""""""""""""" 41 29.9 Reservations by Declarant 41 - ............................................................................. 29.10 Association as Attorney -in -Fact• Power ofAgpmev ......••.•••• 41 29.11 Enforcement......................................................41 ................................................................................................................... 41 29.12 Term of Declaration..................................................................... Exhibit A: Allocated Interests Table ...................... ................................................... Exhibit B: Easements and Encroachments """""""" yii CONDOMINIUM DECLARATION OF CONNER CABINS & LOFTS THIS CONDOMINIUM DECLARATION OF CONNER CABINS & LOFTS is made effective on the date hereinafter set forth by Austin Lawrence Conner, LLC, a Colorado Limited Liability Company (the "Declarant"), with an office at 314 South Galena Street, Suite 200, Aspen, Colorado, 81611. ARTICLE I STATEMENT OF INTENT AND PURPOSE 1.1 Authori1y. Declarant is the owner of that certain real property located in the City of Aspen, Colorado, more particularly described as the eastern 7.5 feet of Lot P and all of Lots Q, R and S of Block 93 of the Townsite of Aspen, Colorado (the "Land"), together with all improvements constructed thereon. This Condominium Declaration is executed to submit the Land and all improvements constructed thereon to condominium ownership and use in the manner provided in the Colorado Common Interest Ownership Act, Title 38, Article 33.3, Colorado Revised Statutes, 1992, as amended, ("CIOA" or "Act") and in the manner provided in the provisions of the City of Aspen Land Use Code (the "LUC") to the extent relevant to the creation of condominiums (jointly "Condominium Laws"). 1.2 Declaration; Covenants Running with the Land. Declarant hereby declares that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations and obligations shall be deemed to run with the land and shall be binding upon and accrue to the benefit of Declarant, its successors and assigns, and any person or entity acquiring and holding an interest in the Project, as defined below, its grantees, successors, transferees, heirs, personal representatives, or assigns. 1.3 Puroose; Development Regime,• Maximum Number of Units. Declarant has caused the Association to be incorporated under the laws of the State of Colorado for the purpose of exercising the functions of the Association as herein set forth. Declarant desires to create a condominium common interest community on the Land, the name of which is Conner Cabins & Lofts. A portion of the Land, shown as "Tract A" on the Map, is designated for common ownership solely by the owners of the separate Units. Declarant executes this Declaration to define the character, duration, rights, duties, obligations and limitations of the condominium regime. The Map shows three "Loft Units" and three "Cabin Units." Each Loft Unit and each Cabin Unit is a "Unit." The maximum number of Units to be constructed on the Land shall be six (6). As of the date this Declaration is recorded, the existing conditions are shown on Sheet 3 of 3 of the Condominium Map labeled existing conditions, including three existing historic cabins on the Land, each of which will be renovated and relocated to lie wholly within the boundary of a Cabin Unit. Declarant reserves for itself and future owners of the Cabin Units, the right to construct and locate a structure incorporating the historic cabin (the "Cabin Building") to be used for office and limited retail uses, as described in this Declaration on each Cabin Unit, and for itself and future owners of the Loft Units, the right to construct a single family residential building ("Residential Building") on each Loft Unit and, after construction, each such Cabin Building and each such Residential Building shall be a part of the particular Cabin Unit 1 and the particular Loft Unit. The side walls of adjacent Loft Units may abut each other, and such walls will not be General Common Elements, but, instead, any abutting walls will be a part of each Loft Unit respectively. Upon completion of the renovation and relocation of each Cabin Building to a Cabin Unit and upon completion of construction of the Residential Building on each Loft Unit, the Map and the Declaration shall be supplemented to add the Cabin Building to the Cabin Unit and the Residential Building to the Loft Unit. Declarant hereby reserves for itself and for Owners of Cabin Units and Loft Units the right to record supplemental Maps to depict the Buildings on and as a part of the Cabin Units and Loft Units, respectively, in compliance with the Condominium Laws. ARTICLE 2 DEFINITIONS The following definitions shall apply in this Condominium Declaration and the exhibits attached hereto unless the context shall expressly provide otherwise: 2.1 Allocated Interests means the undivided interest in the Common Elements, the Common Expense Liability and the votes in the Association appurtenant to each Condominium Unit in the ratios and as set forth on Exhibit A attached hereto and incorporated herein by this reference. Initially the Allocated Interests are as set forth on Exhibit A. The Allocated Interests are based on the maximum allowable gross square footage of each Unit, as approved by the City of Aspen. It is anticipated that each Building developed on each Unit will be the maximum allowable gross square footage. In the event that the gross square footage actually developed on one or more Units shall be less than that set forth on Exhibit A by five or more percent of the total number on Exhibit A, then the Allocated Interests and votes shall be adjusted. The Allocated Interests shall be re -apportioned based on the relative total gross square footage of the Units, measured as the sum of the areas inside of the exterior walls of each floor of the Unit including basements. Exhibit A shall be amended and replaced upon the completion of the construction of each Building on a Unit which is five percent less than the number shown on Exhibit A when the first such Building is completed. Completion shall mean the issuance of a Certificate of Occupancy for the Unit, certificate of final inspection or other equivalent document issued by the City of Aspen. The Declarant or the Association shall prepare and record in the Pitkin County Clerk and Recorder's Office an amendment to Exhibit A to reflect the revised Allocated Interests and votes on the completion of any such Building. 2.2 Articles or Articles of Incorooration means the Articles of Incorporation for the Association filed with the Colorado Secretary of State, as the same may be amended from time to time. 2.3 Association means the Conner Cabins & Lofts Condominium Owners Association, Inc., a Colorado nonprofit corporation, its successors and assigns, of which all Owners of Condominium Units shall be Members as provided in Article 12 hereof, and which Association shall be charged with the management and maintenance of the Project. 2 2.4 Board or Board of Directors means the body designated herein to govern the Association. 2.5 Building means any building constructed on the Land. 2.6 Bylaws mean the Bylaws of the Association, as adopted by the Association or Board and as amended from time to time. 2.7 Cabin Unit initially means a portion of the Land comprising a Unit which is separately designated on the Map as "Cabin Unit." Each Cabin Unit shall be the site for construction of a Cabin Building. As Cabin Buildings are completed on each Cabin Unit, a supplement to the Map and the Declaration shall be recorded which depicts the Cabin Building constructed thereon in compliance with the Condominium Laws. Thereafter, the Cabin Building together with the portion of the Land designated as a Cabin Unit on the original Map shall be the Cabin Unit. Each Cabin Unit is limited to the office and retail uses as described herein. 2.8 Common Elements mean and refers to the General Common Elements and Limited Common Elements. The Common Elements are all parts of the Project except the Units, and may sometimes be referred to as the Common Area. 2.9 Common Expense or Common Expense Liability means and includes: 2.9.1 Expenses declared Common Expenses by provisions of this Condominium Declaration; 2.9.2 Expenses or liabilities incurred by or on behalf of the Association in connection with the administration, operation and management, maintenance, repair or replacement of the Common Elements, including, but not limited to, insurance, security, operation and maintenance of the snow -melt system, landscaping and utilities attributable to the operation of the Common Elements, except as otherwise provided herein; 2.9.3 All sums lawfully assessed against the Condominium Units by the Association as Common Expenses; and 2.9.4 Other expenditures made, liabilities incurred, or expenses agreed upon as Common Expenses by the Board in accordance with this Declaration or the Act. 2.10 Condominium Laws mean the Colorado Common Interest Ownership Act, Title 38, Article 33.3, Colorado Revised Statutes, as amended from time to time, and the relevant provisions of the City of Aspen Land Use Code. 2.11 Condominium Map or Map means a three dimensional drawing, prepared by a licensed surveyor in accordance with the Act, executed by Declarant, and filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado depicting and designating the 3 boundaries of the Units and Common Elements. The Condominium Map may be filed for record in parts or sections and may be supplemented or amended as provided herein. The Map is a part of the Declaration and the Map, as amended or supplemented from time to time, is incorporated herein by this reference. 2.12 Condominium Property means the Land and all Improvements and future Improvements, and all appurtenant rights thereto created by this Declaration. 2.13 Condominium Unit or Unit means a physical portion of the common interest community designated for separate ownership, the boundaries of which Unit are determined by this Declaration and designated on the Map, as amended and supplemented from time to time, together with an undivided interest in the Common Elements appurtenant to said Unit (expressed as an Allocated Interest), and any Limited Common Elements designated and reserved for such Unit. Units include the Loft Units and the Cabin Units. Once a Loft Unit is developed with a Residential Building, upon the filing of a supplemental Map and supplemental Declaration identifying the Residential Building on the Loft Unit, the Residential Building shall become a part of the Loft Unit. The Loft Units are each separate Units. Upon completion of the renovation and relocation of a Cabin Building and the filing of a supplemental Map and supplemental Declaration identifying the Cabin Building on the Cabin Unit, the Cabin Building shall become a part of the Cabin Unit. The Cabin Units are each separate Units. 2.14 Declarant means Austin Lawrence Conner, LLC, a Colorado Limited Liability Company, its successors and assigns. 2.15 Declaration or Condominium Declaration means this Condominium Declaration of Conner Cabins & Lofts, a Condominium Common Interest Community, and any and all duly executed amendments, supplements, or additions of or to this Declaration, recorded in the office of the Clerk and Recorder of Pitkin County, Colorado, including the Map, as amended. 2.16 Development Rights and Special Declarant Rights. "Development Rights" means any right or combination of rights reserved by Declarant, which are assignable, to: (a) add real estate to the Project; (b) create Units, Common Elements, or Limited Common Elements within the Project; (c) subdivide Units or convert Units into Common Elements; or (d) withdraw real estate from the Project. "Special Declarant Rights" means rights reserved for the benefit of Declarant, which are assignable, to perform the following acts: to complete improvements indicated on the Map; to exercise any Development Right; to maintain sales offices, management offices, signs advertising the Project, and models; to use easements through the Project for the purpose of making improvements within the Project or within real estate which may be added to the Project; to make the Project subject to a master association; or to appoint or remove any officer of the association or any Board member during any period of Declarant Control. 2.17 First Morteage means a recorded Mortgage or Deed of Trust under which the interest of any Owner is encumbered and which at the time of its creation as a lien on said Owner's Unit by recordation in the real property records of Pitkin County, Colorado, said Mortgage had a first and paramount security -interest priority. 2.18 First Mortgagee means the holder of any First Mortgage. 2.19 General Common Elements means and includes all portions of the Condominium Property, except: (a) the Condominium Units and portions of the Improvements contained entirely within and servicing only one Condominium Unit; and (b) portions of the Condominium Property which are designated as Limited Common Elements under this Declaration or on the Map. General Common Elements include, but are not limited to "Tract A" as shown on the Map; any portions of the Land designated as "G.C.E." on the Map, as may be amended from time to time; the sidewalks, the snow -melt system and all utility systems and features necessary to operate the snow -melt system, the landscaping, any fencing, and any other improvements located on portions of the Land which are designated as "Pedestrian Access Easement" on the Map; and any utility service lines which serve more than one Unit or which pass through a Unit to serve another Unit. Common Elements may be located within Units, within easements located within Units or as may be otherwise noted as Common Elements on the Map or described as Common Elements in this Declaration. 2.20 Improvements means all structures and improvements located above, on or below the surface of the Land, including the Buildings and structural components thereof, structured parking facilities, surface parking, and all internal or external elevators, sidewalks, utility installations, landscaping and other similar features and amenities. 2.21 Land means that certain fee simple real property comprising the underlying ground situated in Aspen, Colorado, described as the eastern 7.5 feet of Lot P and all of Lots Q R and S, Block 93, Townsite of Aspen, Colorado. 2.22 Limited Common Elements means those Common Elements designated and reserved for the exclusive use by the Owner or Owners of a particular Condominium Unit or Units, but less than all of the Condominium Units, which Limited Common Elements are deemed to be an inseparable appurtenance to such Condominium Unit or Units. By way of illustration, but not limitation, any balcony, deck, terrace, porch, patio, stairs and storage area which is identified on the Condominium Map by legend, symbol or word as a Limited Common Element (or "L.C.E.") of a specified Unit or Units, shall, without further reference thereto, be used in connection with such Condominium Unit or Units to the exclusion of other Owners of Condominium Units, except by invitation. In describing a Condominium Unit, no separate reference to Limited Common Elements need be made in any lease, assignment of lease, sublease, deed, Mortgage, or other instrument. 2.23 Loft Unit initially means a portion of the Land comprising a Unit which is separately designated on the Map as "Loft Unit." Each Loft Unit shall be the site for construction of a Residential Building. As Residential Buildings are completed on each Loft Unit, a supplement to the Map and the Declaration shall be recorded which depicts the Residential Building constructed thereon in compliance with the Condominium Laws. 5 Thereafter, the Residential Building together with the portion of the Land designated as a Loft Unit on the original Map shall be the Loft Unit. Each Loft Unit is limited to residential uses as described herein. 2.24 Marketinia Period means the period of Declarant Control over the Association and is further defined in Section 15.4 hereof. 2.25 Mortgne means any real estate mortgage, deed of trust, or security instrument by which a Condominium Unit is encumbered. 2.26 Mortgagee means a person, firm, corporation, partnership, association, or other entity who is then a holder, secured party or beneficiary under a Mortgage. 2.27 Owner means any person, firm, company, corporation, partnership, association, or other entity, including Declarant, or any number of combinations thereof ("Persons") who own(s) one or more Condominium Units. The term "Owner" shall not refer to any Mortgagee, as defined herein, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. The rights, duties, and obligations of an Owner with respect to the Common Areas shall inure to the benefit of a tenant or guest of an Owner. 2.28 Project means the Land and all Improvements, including the Buildings, thereon, together with all rights, easements, and appurtenances belonging thereto, submitted to condominium ownership by this Declaration and which may be subsequently submitted to condominium ownership under the terms of this Declaration or any supplemental declaration as hereinafter provided. ARTICLE 3 ESTABLISHMENT OF CONDOMINIUM OWNERSHIP 3.1 Condominium. The Declarant hereby submits to condominium ownership all of the Land and Improvements thereon related to or incidental thereto located upon the Land. The Project is hereby divided into Units and Common Elements. The Owners of the Units shall own the Common Elements in undivided interests in proportion to their respective Allocated Interests. 3.2 Use of General Common Elements. Subject to the limitations herein contained, any Owner shall have the nonexclusive right to use and enjoy the General Common Elements except that any utility service lines located within a Unit may be accessed solely for purposes of installation, maintenance, repair and replacement. ARTICLE 4 INSEPARABILITY OF A CONDOMINIUM UNIT 4.1 Inseparability of a Condominium Unit. Each Unit and its Allocated Interests, any easements appurtenant thereto, and the exclusive use of the Limited Common Elements 1.1 designated for such Unit shall together comprise one Condominium Unit which shall be inseparable and may be conveyed, assigned, leased, devised or encumbered only as a Condominium Unit. 4.2 Inseparability of a Right to Construct Residential Building on a Loft Unit. The right to construct a Residential Building on a Loft Unit shall be inseparable from the Loft Unit and may not be conveyed, assigned, leased, devised or encumbered separate from the Loft Unit. 4.3 Inseparability of a Right to Construct Cabin Building on a Cabin Unit. The right to construct a Cabin Building on a Cabin Unit shall be inseparable from the Cabin Unit and may not be conveyed, assigned, leased, devised or encumbered separate from the Cabin Unit. ARTICLE 5 CONDOMINIUM MAP 5.1 Filingof Map. Prior to any conveyance by Declarant of a Condominium Unit, Declarant shall cause to be filed for record in the office of the Clerk and Recorder of Pitkin County, Colorado, a Condominium Map, which shall contain a sufficient survey description of each Unit in compliance with the Act so as to locate the same accurately and properly. The Condominium Map may be filed in whole or in parts or sections, from time to time, as stages of construction of the Units and other Improvements are substantially completed. The Condominium Map shall depict and show at least the following, as each may be applicable: 5.1.1 The name and a general schematic map of the entire Project; 5.1.2 The location and dimensions of all real estate not subject to Development Rights, or subject only to the Development Right to withdraw, and the location and dimensions of all existing Improvements within that real estate; 5.1.3 A legally sufficient description of any real estate subject to Development Rights, labeled to identify the rights applicable to each parcel; 5.1.4 The extent of any existing encroachments across any Project boundary; 5.1.5 To the extent feasible, a legally sufficient description of all easements serving or burdening any portion of the Project; 5.1.6 The approximate location and dimensions of Limited Common Elements, including porches, balconies, and patios; 5.1.7 The location and dimensions of the vertical and horizontal boundaries of each Unit and that Unit's identifying number; and 5.1.8 Any Condominium Units in which the Declarant has reserved the right to create additional Units or Common Elements, identified appropriately. 7 5.2 Certification of Man. All Maps and all amendments and supplements thereto must contain a certification by a registered land surveyor that the Map contains all the information required by the Act. 5.3 Supplements of Map for Loft Units and Cabin Units. Immediately after completion of construction of each of the Residential Buildings on a Loft Unit and the completion and relocation of a Cabin Building on a Cabin Unit, a supplement to the Map shall be prepared by a licensed surveyor in accordance with the Act depicting the Loft Unit or the Cabin Unit as applicable. Such supplement shall have a signature block for the Owner thereof, the Association and the City of Aspen, if necessary, and shall be recorded in the Pitkin County Clerk and Recorder's Office after review and approval by the Association. The Declarant shall have the right to execute the supplemental Map on behalf of the Association if the Association does not execute the same within ten (10) days of a request therefore by the Declarant. ARTICLE 6 DESCRIPTION OF CONDOMINIUM UNIT 6.1 Le al Descrition of Condominium Unit. Every instrument affecting the title to a Condominium Unit shall describe that Condominium Unit by its identifying Condominium Unit designation followed by the words "Conner Cabins & Lofts" with further reference to the Condominium Map and the Declaration. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the Condominium Unit, but also the Allocated Interests in the Common Elements appurtenant thereto. Each such description shall be construed to include a nonexclusive easement for ingress to and egress from the Condominium Unit, and use (consistent with the Condominium Map and this Declaration) of the General Common Elements and the designated Limited Common Elements. An example of such description is as follows: Cabin Unit/Loft Unit No. , Conner Cabins & Lofts, Aspen, Colorado, according to and subject to the Condominium Declaration of Conner Cabins & Lofts recorded as Reception No. , and the Condominium Map for Conner Cabins & Lofts, filed for record in Plat Book , Page , of the Clerk and Recorder's Office of Pitkin County, Colorado. 6.2 Condominium Unit Boundaries. Each Unit will contain a separate Building and all aspects of each Building are a part of the Unit, except as otherwise indicated herein or on the Map as being a Common Element. 6.3 Amendments Deemed Included. The reference to the Condominium Map and the Condominium Declaration in any instrument shall be deemed to include any supplements or amendments to the Map or the Declaration, whether or not specific reference is made thereto. 6.4 Conveyance of a Condominium Unit. Upon the purchase of any Condominium Unit from Declarant, a copy of each instrument of conveyance shall be furnished by Declarant to the Association. Upon any subsequent conveyance of a Condominium Unit, a copy of the instrument of conveyance shall be furnished to the Association by the grantee. 6.5 Subdivision of Condominium Units. Except as provided in Section 6.6 below with respect to the subdivision of previously combined Units, an Owner may not subdivide his Unit into two or more Units. 6.6 Relocation of Boundaries Between Adjoininiz Units. Subject to the Condominium Laws, Owners of adjoining Units may seek to relocate the boundaries between such adjoining Units and to combine adjacent Units into one Unit by an amendment to the Declaration, upon the prior written consent of the Board. 6.6.1 In order to relocate the boundaries between two Units or to combine adjacent Units, the Owners of those Units, as the applicant, must submit an application to the Board, which application shall be executed by those Owners and shall include: (a) Evidence that the applicant of the proposed subdivision shall have complied with all building codes, fire codes, the Condominium Laws, and other applicable ordinances or resolutions adopted and enforced by the local governing body and that the proposed subdivision does not violate the terms of any document evidencing a security interest encumbering the Unit; (b) The proposed reallocation of Allocated Interests, if any; (c) The proposed form of amendments to the Declaration, including the Condominium Map, as may be necessary to show the altered boundaries between adjoining units or altered boundary of a combined Unit, and their dimensions and identifying numbers; (d) A deposit for attorney fees and costs which the Association will incur in reviewing and effectuating the application, in an amount reasonably estimated by the Board; and (e) Such other information as may be reasonably requested by the Board. 6.6.2 No relocation of boundaries between adjoining Units or combination of Units shall become effective unless all necessary amendments to the Declaration and Map are properly executed and recorded and all required governmental approvals are secured. The owner of a Unit which was created by the combination of separate Units may, subject to approval of the Board, subdivide said Unit into not more than the original number of Units that were previously combined by following the procedure set forth in this Section 6.6. ARTICLE 7 TITLE AND OWNERSHIP 7.1 Title. A Condominium Unit may be held and owned by more than one Owner as 9 joint tenants, tenants in common, or in any other real property tenancy or estate recognized under the laws of the State of Colorado. 7.2 Term of Ownership. The separate estate of an Owner of a Condominium Unit created by this Declaration shall continue until revoked in the manner contained in this Declaration or by operation of law. 7.3 Nonpartitionability of Common Elements. The Common Elements shall be owned in common by all Owners of the Condominium Units and shall remain undivided. By the acceptance of a deed or other instrument of conveyance, each Owner specifically waives his right to institute and/or maintain a partition action or any other action designed to cause a division of the Common Elements. Each Owner specifically agrees not to institute any action therefore. Furthermore, each Owner agrees that this Section 7.3 may be pleaded as a bar to the maintenance of such an action. A violation of this provision shall entitle the Association to collect, jointly and severally, from the parties violating the same, the actual attorneys fees, costs and other damages the Association incurs in connection therewith. By becoming part of this common interest community every Owner waives any right to maintain a legal partition action. 7.4 Transfer of Common Elements. 7.4.1. All Owners and the Association covenant that they shall neither by act nor omission, seek to abandon, subdivide, encumber, sell, transfer, or lease, except as provided below, the Common Elements without the consent of. (80%) or more; and (a) the Owners representing Allocated Interests of eighty percent (b) during the Marketing Period, the consent of the Declarant. Any such action without the written consent of said Owners, and, if applicable, the Declarant, shall be null and void. 7.4.2. Notwithstanding the foregoing, nothing contained in this Section 7.4 shall be construed to limit or prohibit: (a) an Owner from causing to be made a proportionate adjustment in the percentage ownership in the Common Elements in connection with the combination or division of any Condominium Unit pursuant to the right of combination or division, of a Condominium Unit by the Owner pursuant to Section 6.5; or (b) the Board from entering into one or more leases, upon reasonable terms, creating and conveying to third parties leasehold interests for portions of the Common Elements, provided such leaseholds do not exceed a cumulative duration in excess of five years and the Board determines that the creation of the leasehold is reasonably necessary to manage and regulate the Common Areas or in the best interests of the Association or the Owners. 10 Such agreement to abandon, subdivide, encumber, sell or transfer all or part of the Common Elements must be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of Condominium Unit Owners. The agreement must specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof must be recorded in the office of the Clerk and Recorder of the County of Pitkin and is effective only upon recordation. 7.4.3 Unless in compliance with this section, any purported conveyance, encumbrance, judicial sale, or other voluntary transfer of Common Elements is void. 7.4.4 A conveyance or encumbrance of Common Elements pursuant to this section shall not deprive any Condominium Unit of its rights of ingress and egress of the Condominium Unit and support of the Condominium Unit. 7.4.5 A conveyance or encumbrance of Common Elements pursuant to this section does not affect the priority or validity of preexisting encumbrances. ARTICLE 8 USE AND OCCUPANCY 8.1 Use of Common Elements. Each Owner may use the General and Limited Common Elements in accordance with the purpose for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners, and subject to the use and occupancy restrictions set forth in Section 8.3 and subject to the easements and restrictions set forth herein. 8.2 Use of General Common Elements. There shall be no obstruction of General Common Elements, nor shall anything be kept or stored on any part of the General Common Elements without the prior written consent of the Association, except as specifically provided herein. No restriction, impairment, or interference with any right of ingress or egress provided for in this Declaration shall be permitted at any time without the prior written consent of the Owner thereof. Except as may be otherwise permitted, reserved or contemplated by this Declaration, nothing shall be altered on, constructed in, or removed from the General Common Elements except upon the prior written consent of the Association. 8.3 General Use Restrictions. 8.3.1 Neither the Common Elements nor any part or appurtenance of or to any Condominium Unit which is visible outside the Condominium Unit shall be altered in appearance or modified without consent of the Association. No unsightly object or nuisances shall be erected, placed or permitted to remain on the premises, nor shall the premises be used in any way for any purpose which may endanger the health or unreasonably disturb the Owner of any Condominium Unit or any resident or tenant thereof. 11 8.3.2 The Loft Units shall only be used for residential purposes and no Loft Unit may be used for commercial or business purposes, unless such use is of an incidental nature (such as a home office) and the use does not require City approval or issuance of any plans, permits, licenses or other reviews. 8.3.3 The Cabin Units shall only be used for office and retail purposes. No use classified by the city of Aspen as industrial or light industrial shall be allowed for the Cabin Units. The hours of operation of any office or retail operation in the Cabin Units shall be limited to 7:00 AM to 9:00 PM. Further, no Cabin Unit shall be used as a restaurant, bar, night club, beauty salon, pet store or other similar retail or office operation nor for any purpose or use which produces disturbing or unhealthy odors or which produces noise in excess of that allowed by any noise Ordinance of the City of Aspen or a noise standard determined by the Board. In the event a potential purchaser or lessee of a Cabin Unit, who has entered a Contract for the purchase thereof, shall desire a determination from the Association that a particular type of use in a Cabin Unit will be allowed pursuant to this paragraph, the potential purchaser or lessee may submit a request to the Association for a determination of compliance. Such request shall describe the proposed use and potential impacts in detail. The Association may refuse to make a determination, or, in its sole discretion, the Association may make a determination that the proposed use is or is not in compliance with the above use restriction. If the Association shall make a determination, then such determination shall be binding on the Association provided the actual use and impacts are not materially different than the use and impacts as described in the request for a determination. 8.3.4 No nuisances shall be allowed in the Project, nor any use or practice which is the source of annoyance to residents or tenants or which interferes with the peaceful enjoyment or possession and proper use of the Project by the Owners. All parts of the Project shall be kept in a clean and sanitary condition and no rubbish, refuse or garbage shall be allowed to accumulate nor any fire hazard to exist. No Condominium Unit Owner shall permit any use of his Condominium Unit or make any use of the General or Limited Common Elements which will unreasonably increase insurance rates upon the Condominium property. The Association may adopt bylaws and rules and regulations as may be related to the orderly administration of the Project and to abatement and enjoinment of nuisances. Noise emanating from a Unit which is disturbing to other owners may be subject to rules and regulations adopted by the Association and further subject to abatement and other enforcement actions by the Association as a nuisance. 8.3.5 All laws, ordinances and regulations of all governmental bodies having jurisdiction over the Project shall be observed. 8.3.6 Rules and regulations may be promulgated by the Association concerning and governing both the use of the Units, the General and Limited Common Elements and the appearance of the Improvements. Copies of the rules and regulations shall be posted and/or reasonably furnished to Condominium Unit Owners prior to the time they become effective. The Association shall be responsible for taking all acts and making any rules and regulations as will ensure the maintenance of the Common Elements to high standards of safety, cleanliness and pleasing appearance. 12 8.3.7 Except for those improvements caused to be erected or installed by Declarant, no exterior additions or alterations to or of the Improvements, nor changes in the fences, plantings, walls and other structures, shall be commenced, erected or maintained until the plans and specifications showing the nature, kind, shape, heights, materials, location and approximate cost of the same, shall have been submitted to and approved in writing by the Association and any necessary local governmental agency or body so as to insure conformity and harmony of external design and relative location with existing structures comprising the Project. Upon completion of approved alterations or additions to the Improvements or completion of Owner build -out within a Condominium Unit, said Owner shall cause to be delivered to the Association a complete set of as -built plans and a supplemental or amended Map if required. Any alteration, change, expansion, modification of any Building may require the approval of the City of Aspen. 8.4 No Timesharing. No Unit shall be used for the operation of a timesharing, fractional -ownership, fractional -sharing, vacation club or other similar program whereby the right to exclusive use of the Unit rotates among participants in the program over a fixed or floating schedule over a period of time. ARTICLE 9 EASEMENTS 9.1 Encroachments. In the event that any portion of the Common Elements encroaches upon any Condominium Unit, or in the event that any portion of a Condominium Unit encroaches upon any other Condominium Unit or upon any portion of the Common Elements, or in the event any encroachment shall occur in the future as a result of: (a) the build -out of a Residential Building on a Loft Unit or the relocation of a Cabin Building; (b) settling of a Building or other Improvements; (c) alteration or repair to the Common Elements; or (d) repair or restoration of the Improvements and/or Condominium Unit(s) after damage by fire or other casualty, or condemnation or eminent domain proceedings; then, in such event, a valid easement shall be deemed to exist for the encroachment and for the maintenance of the same so long as the Building stands or encroachment exists. 9.2 Marketability. Such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or on the Condominium Units for purposes of marketability of title or other purposes. 9.3 Liabili . Any encroachment easement does not relieve a Condominium Unit 13 Owner of liability in case of willful misconduct nor relieve the Declarant or any other person of liability for failure to adhere to the Condominium Map. 9.4 Variations. In interpreting any and all provisions of the Declaration and subsequent deeds to and/or Mortgages relating to Condominium Units, the actual location of a Condominium Unit shall be deemed conclusively to be the property intended to be conveyed, reserved or encumbered notwithstanding any minor deviations from the location of such Unit indicated on the Condominium Map. 9.5 Emergency Services Easement. An easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, and other similar emergency service providers or persons to enter upon the Project in performances of their duties. 9.6 Utilities Services and Maintenance Easements. The Master Utility Plan ("Utility Plan") appended to the Map indicates the location and purpose of reserved utility easements. The easements will be for the benefit of the Association and each owner of a Unit served by any particular utility service line. Whereever service line(s) pass through a Unit to serve another Unit and are not labeled in the Utility Plan, an easement is hereby created to the min size R necessart for the benefit of the unit(s) thereby. 9.7 Additional Easements. The Property is subject to all easements as shown on the Map, the Utility Plan and to any other easements and licenses of record as of the date of recordation of this Declaration, which easements and licenses of record are set forth on the attached Exhibit B. In addition to those easements described and set forth in this Article 9, the Property is subject to easements set forth in Article 10, Article 26 and elsewhere in this Declaration. 9.8 Right of Access. There will be certain utility service lines serving Units other than a Unit through which such lines pass. There is hereby created for the benefit of the Association, the Owner of any Unit served by such service lines and their authorized agents, contractors and employees, an easement over, across and through each Unit as is reasonably necessary to access the utility service lines for the purpose of discharging the Association's obligations under this Declaration and for the installation, operation, maintenance and repair of such service lines. The Association, an Owner served by such lines and their authorized agents, contractors and employees shall provide any Unit Owner reasonable notice of intent to exercise the rights created hereby. ARTICLE 10 EXTERIOR MAINTENANCE SPECIAL EASEMENT AND ADJACENT WALLS 10.1 Exterior Maintenance. In order to maintain a uniform appearance and a high standard of maintenance within the Project, the Association shall perform Unit Exterior Maintenance, as more fully set forth below. 14 10.1.1 Unit Exterior Maintenance. Subject to the insurance responsibilities set forth herein, the Association shall maintain the exterior of all Units, which shall include but shall not be limited to, maintenance, repair and replacement of the exterior surfaces, doors, decks, porches, and roofs ("Unit Exterior Maintenance"). The Owner of each Unit shall be responsible for repair or replacement of broken window panes and for exterior window washing of such Unit. Certain areas of the roofs of the Buildings may need to be cleared of snow at times, and the Association shall be responsible for such snow removal. The Association shall have the sole discretion to determine the timing and manner in which such maintenance, repair and replacement shall be performed as well as the color or type of materials used to maintain the Units. All costs for exterior maintenance, repair and replacement of a Unit shall be assessed to the Owner of such Unit as an assessment separate from and in addition to Common Assessments. Assessments for Unit Exterior Maintenance may be made in advance and the Association may accumulate reserves for such maintenance, provided that an individual account (for accounting purposes only) shall be kept for each Unit with regard to any reserves so that the Owner of each Unit pays only for the maintenance, repair and replacement of the Unit Exterior Maintenance of that Owner's particular Unit. 10.1.2 Association's Right to Grant Owners Maintenance Responsibility. The Association reserves the right to grant the maintenance responsibility of certain areas on the exterior of each Unit to the Unit Owner, and the Unit Owner is obligated to accept said maintenance responsibility, provided said assignment is done in a uniform and nondiscriminatory manner and if the expenses of said maintenance has been a common expense of all of the owners, then the Association shall reduce the common assessments accordingly. Furthermore, the Association shall have the right to promulgate reasonable rules and regulations regarding the maintenance by the Unit Owner, including the frequency and appearance of any exterior maintenance. 10.2 Special Easement. The Association and the Board and their respective representatives are hereby granted a nonexclusive easement to enter upon and use the exterior of each Unit as may be necessary or appropriate to perform the duties and functions that they may be obligated or permitted to perform pursuant to this Article. 10.3 Maintenance Contract. The Association or Board may employ or contract for the services of an individual or maintenance company to perform certain delegated powers, functions, or duties of the Association to perform Unit Exterior Maintenance. The employed individual or maintenance company shall have the authority to make expenditures upon prior approval and direction of the Board. The Board shall not be liable for any omission or improper exercise by the employed individual or management company of any duty, power, or function so delegated by written instrument executed by or on behalf of the Board. 10.4 Owner's Responsibility. The Owner shall be responsible for maintaining all portions of the Owner's Unit other than the areas identified for Unit Exterior Maintenance, unless modified by Section 10.1.2. The Association shall have the right and power to prohibit storage or other activities deemed unsafe, unsightly, unreasonably noisy or otherwise offensive to the senses and perceptible from another Unit or the Common Elements. No Owner shall make 15 any addition or other alteration to any portion of the exterior of a Unit without the express consent of the Board. 10.5 Owner's Failure to Maintain or Repair. In the event that a Unit and the improvements thereupon are not properly maintained and repaired, and if the maintenance responsibility for the un-maintained portion of the Unit lies with the Owner of the Unit, or in the event that the improvements on the Unit that are insured by the Owner are damaged or destroyed by an event of casualty and the Owner does not take reasonable measures to diligently pursue the repair and reconstruction of the damaged or destroyed improvements to substantially the same condition in which they existed prior to the damage or destruction, then the Association, after notice to the Owner and with the approval of the Board, shall have the right to enter upon the Unit to perform such work as is reasonably required to restore the Unit and the Buildings and other improvements thereon to a condition of good order and repair. All costs incurred by the Association in connection with the restoration shall be reimbursed to the Association by the Owner of the Unit, upon demand. All un-reimbursed costs shall be a lien upon the Unit until reimbursement is made. The lien may be enforced in the same manner as a lien for an unpaid Assessment. 10.6 Adjacent Walls, Support. The Residential Buildings will be constructed on the Loft Units with side walls that are, in part, adjacent (or back-to-back) walls ("Adjacent Walls"). The Owner of each Loft Unit shall be responsible for the maintenance, repair and replacement of the wall supporting each such Loft Unit. In the event of damage or destruction of an Adjacent Wall from any cause, other than the negligence or willful misconduct of an Owner, the then Owners of the Units shall each be responsible for the expense to repair or rebuild the portion of said wall for their respective Units to its previous condition. If an Owner's negligence or willful misconduct shall cause damage to or destruction of the Adjacent Wall for an adjacent Unit, such negligent party shall bear the cost of repair and reconstruction to the extent such Owner's negligence caused such damage. It is anticipated that all Loft Units will have basement areas and the Loft Units will be constructed at differing times. All Owners of Loft Units, will need to use urban construction techniques for the construction of the Adjacent Walls, including the provision of subjacent support at all times during construction adjacent an existing Loft Unit. ARTICLE 11 ASSESSMENTS AND TAXATION 11.1 Separate Assessments and Taxation - Notice to Assessor. Upon the filing for recording of this Declaration, the Declarant shall deliver a copy of the Declaration to the Assessor of Pitkin County, Colorado in accordance with the Act. 11.2 Assessments and Taxation. Each Unit, together with its undivided interest in the Common Elements and its interest in the Limited Common Elements appurtenant thereto, shall be deemed a separate parcel and subject to separate assessment and taxation. For purposes of such assessment, the valuation of the Common Elements shall be apportioned among the Condominium Units in proportion to the Allocated Interests appurtenant to such Units. 16 ARTICLE 12 CONDOMINIUM OWNERS ASSOCIATION 12.1 The Association. The administration of the Project shall be governed by this Declaration, and by the Articles of Incorporation and Bylaws. In the event of any conflict, the Declaration shall control over the Articles of Incorporation and Bylaws of the Association, and the Articles of Incorporation shall control over the Bylaws. 12.2 Membership. Each Owner of a Condominium Unit shall automatically be a Member of the Association and shall remain a Member of the Association for the period of the Owner's Unit ownership. Each Owner shall be entitled to one membership for each Condominium Unit owned. Each membership shall be appurtenant to the Condominium Unit and shall be transferred automatically by conveyance of the Condominium Unit. No person or entity other than an Owner may be a member of the Association, but the rights of membership may be assigned to a Mortgagee as and for the security for a loan secured by a mortgage on a Condominium Unit. Any corporation, partnership, association, trust or other legal entity acquiring an ownership interest in a Condominium Unit shall automatically become a Member of the Association. 12.3 Voting Rights. There shall be a total of 100 votes in the Association. Members shall be entitled to the number of votes set forth in Exhibit A for every Condominium Unit such Member owns on all matters. Such votes are based on the Allocated Interests of the Units and shall be adjusted only as and if the Allocated Interests are adjusted. 12.3.1 If a Unit is owned by more than one person, those persons shall agree among themselves how the vote for that Unit's membership is to be cast. Individual co -owners may not cast fractional votes. A vote by a co-owner for the entire Unit's membership interest shall be deemed to be pursuant to a valid proxy (see Section 12.5), unless another co-owner of the same Unit objects at the time the vote is cast, in which case such Unit's membership vote shall not be counted. With respect to any Unit, all votes must be cast in the same manner and may not be split with regard to any one item on which a vote is required or taken. 12.3.2 Except as may be otherwise provided in this Declaration and subject to the quorum requirements established by the Bylaws of the Association: (a) all matters that come before the vote of the members of the Association, whether said matters are required to be voted on by the Members of the Association or are submitted to the vote of the Members of the Association, shall be determined by the majority vote of the Members present in person or by proxy at a properly noticed meeting; and (b) all matters requiring the consent or action of the Association which are not expressly subject to a vote of the members shall be determined by the majority vote of the members of the Board present in person, by telephone or by proxy at a properly noticed meeting or by their written consent lieu of such meeting. 12.4 Transfer. Except as otherwise expressly stated herein, any of the rights, interests and obligations of the Association set forth herein or reserved herein may not be transferred to or 17 assigned to any other person or entity. No such transfer or assignment shall relieve the Association of any of the obligations set forth herein. Any such transfer or assignment shall not revoke or change any of the rights or obligations of any Owners as set forth herein. 12.5 Vote by Proxy. Votes allocated to a Unit may be cast pursuant to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one person, each Owner of the Unit may vote or register protest to the casting of votes by the other Owners of the Unit through a duly executed proxy. Upon a Member's designation of a proxy, the secretary of the Association shall maintain the list of the persons entitled to vote on behalf of each Member and, until the Association is notified to the contrary, any action taken by a person purporting to act on behalf of a Member shall be binding upon the Member. A Unit Owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates eleven months after its date, unless it provides otherwise. ARTICLE 13 PURPOSES AND POWERS OF ASSOCIATION 13.1 Nonprofit Purpose. The Association shall not operate for pecuniary gain or profit, shall not issue capital stock, and no part of the net earnings of the Association shall inure to the benefit of any member or individual (except that reasonable compensation may be paid for services rendered by Declarant, an Owner or an affiliate thereof). 13.2 Association Powers. The Association is hereby granted all powers necessary to govern, manage, maintain, repair, administer, and regulate the Project and to perform all of the duties required of it. In furtherance of the Association purposes, the Association (by action of its Board of Directors, unless otherwise noted in the Articles of Incorporation or in the Declaration) shall have full power to: (a) Adopt and amend or supplement the Bylaws and rules and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for Common Expenses from Unit owners; (c) Hire and terminate managing agents, and other employees, agents, and independent contractors; (d) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more Unit owners on matters affecting the Project; (e) Make contracts and incur liabilities; (f) Regulate the use, maintenance, repair, replacement, and modification of Common Elements; W. Elements; (g) Cause additional improvements to be made as a part of the Common (h) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property, subject to the provisions of Sections 7.4 and Article 25 hereof, (i) Grant easements, leases, licenses, and concessions through or over the Common Elements; 0) Impose and receive any payments, fees, or charges for the use, rental, or operation of the Common Elements other than Limited Common Elements; (k) Impose charges for late payment of assessments, recover reasonable attorney fees and other legal costs for collection of assessments and other actions to enforce the power of the Association, regardless of whether or not suit was initiated, and, after notice and an opportunity to be heard, levy reasonable fines for violations of the Declaration, Bylaws, and rules and regulations of the Association; (1) Impose reasonable charges for the preparation and recordation of amendments to the Declaration or statements of unpaid assessments; (m) Provide for the indemnification of its officers and Board and maintain director's and officer's liability insurance; (n) Assign its right to future income, including the right to receive Common Expense assessments, but only to the extent this Declaration expressly so provides; (o) Exercise any other powers conferred by the Declaration or Bylaws; (p) Exercise all other powers that may be exercised in the State of Colorado by legal entities of the same type as the Association; and (q) Exercise any other powers necessary and proper for the governance and operation of the Association or as provided in the Act. 13.3 Limitations on Association's Powers During the MarketinQ Period. Notwithstanding any provisions in this Declaration, the Articles of Incorporation or Bylaws for the Association, the Association shall not be entitled nor empowered to do the following during the Marketing Period without the written consent and approval of the Declarant: (a) Make design review decisions pursuant to Section 13.7 hereof; (b) Make amendments, modifications, terminations, or extensions to this Declaration, including any plats or maps, and the Articles of Incorporation and Bylaws for the 19 Association; (c) Prepare annual budgets; and 6.6 hereof; (d) Authorize the combination or division of Units pursuant to Sections 6.5 (e) Do any of the acts listed in Section 13.2 hereof; and (f) Transfer the Common Elements pursuant to Section 7.4 hereof. 13.4 Association As Attorney -in -Pact. The title to any Condominium Unit is hereby declared and expressly made subject to the terms and conditions hereto, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or any prior Owner shall constitute the appointment of the Association as the Owner's attorney -in -fact for the purposes expressly set forth in this Declaration. The Association, as attorney -in -fact, shall have full and complete authorization, right and power to: (a) make, execute and deliver any contract, deed or other document with respect to the interest of the Owner of a Condominium Unit for the purposes expressly set forth in this Declaration; and (b) execute, deliver and file of record with the office of the Clerk and Recorder of Pitkin County, Colorado, such instruments, deeds, Condominium Maps and Condominium Declaration amendments and supplements as are necessary or desirable for the purposes expressly set forth in this Declaration. 13.5 Owner Compliance. Each Owner shall comply strictly with the provisions of this Declaration, any supplement or amendment hereto, the Articles of Incorporation and Bylaws of the Association and all decisions, resolutions, rules and regulations of the Association adopted in accordance with this Declaration and the Articles of Incorporation and Bylaws of the Association. Failure to comply with any of the same shall be grounds for an action to recover any amounts due, for damages or injunctive relief or both, together with attorneys fees and costs incurred in connection therewith, brought by the Association on behalf of the Owners, or, in a proper case, by any aggrieved Owner. 13.6 Maintenance of Common Elements. The Association shall have the duty and obligation of cleaning and maintaining, repairing, or reconstructing the General Common Elements within the Project, including the sidewalks, snow melt system and landscaping. The cost of maintenance and repair of General Common Elements shall be a Common Expense of all of the Owners. The cost of cleaning and maintenance and repair of Limited Common Elements shall be an expense of the Owner of the Unit to which such Limited Common Elements are appurtenant. The Association shall not be required to obtain the prior approval of the Owners to cause such maintenance or repairs to be accomplished to Limited Common Elements. Notwithstanding the forgoing, the cost of maintenance, repair and replacement of the sewer 20 service line serving Cabin Units 530-B and 532-B shall be shared equally by the Owners of such Units; the cost of maintenance, repair and replacement of the water service line serving Cabin Units 530-B, 532-B 524-B shall be shared equally by the Owners of such Units; and the cost of maintenance, repair and replacement of the water service line serving Loft Units 530-A, 532-A and 534-A shall be shared equally by the Owners of such Units. 13.7 Desian Review. 13.7.1 No Change in Property Without Approval. No alteration, change, modification, or addition ("Change in the Property") to the exterior of any Unit, Building or Common Element shall be made or permitted, without the prior written approval of the Association, and, during the Marketing Period, approval of the Declarant. 13.7.2 Definitions and Restrictions. "Change in Property" shall include: (a) the construction or expansion of any structure or Improvements, including utility facilities and including construction of the Loft Units; (b) the destruction by voluntary action or the abandonment of the Project, structure, or other improvements; (c) the excavation, filling or similar disturbance of the surface of Land including, without limitation, change of grade, ground level or drainage pattern; (d) the clearing, marring, defacing or damaging of trees, shrubs or other growing things; (e) the landscaping or planting of trees, shrubs, lawns or plants; or (f) any change or alteration to the exterior appearance of any existing Unit, including, without limitation, any change of color, texture, materials, windows or doors of any Unit. 13.7.3 Landscaping. No existing vegetation shall be removed without Association review and approval. In the event any existing vegetation is removed without approval of the Association, any person or entity responsible for such removal shall be subject to a penalty of up to Five Hundred Dollars per day for each day the violation exists or continues. The amount of any penalty shall be established by the Board, and may be assessed and collected in the manner provided herein. 13.7.4 Board of Directors and Approval of Plans. The Board of Directors shall have the authority to review all plans for any proposed Change in the Property. The Board of Directors shall have the right to employ consultants to assist in the performance of its functions in reviewing any proposed improvement of a Unit or Common Element. No Change in the Property shall occur or be permitted until plans and specifications with respect thereto (in manner and form satisfactory to the Board of Directors showing the proposed improvements, all exterior elevations, materials and colors, landscaping, and such other information as may be requested by the Board of Directors) have been submitted to and been approved in writing by the Board of Directors. Such plans and specifications shall be submitted in writing and be signed by the Owner or the Owner's authorized agent. The Board of Directors shall have the right to charge persons submitting such plans, other than the Association, a reasonable fee for reviewing each application for approval of the plans and specifications in an amount not to exceed Five Hundred Dollars with respect to any single submission with reference to construction for a Unit or remodeling thereof, and a fee not to exceed Three Hundred Dollars with reference to approval of landscaping plans or modifications to existing landscaping. In addition, Owner shall compensate the 21 Association for all reasonable costs it may incur to retain consultants to review and comment upon Owner's proposed modifications, including, without limitation any legal expense. Approval shall be based, among other things, on suitability of design, colors, and materials; conformity of the plans and specifications to the purpose and general plan and intent of this Declaration; and conformity with the approvals, requirements, Certificates or Resolutions of the City of Aspen Historical Preservation Committee ("HPC") and a schedule of completion of the Change in the Property, which schedule the Board may require and shall have the right to enforce compliance with, including the provision of a completion bond, in an amount determined in the Board's reasonable discretion, for all or any portion of the construction. The Board of Directors shall not arbitrarily or unreasonably withhold or delay its approval of such plans and specifications. Owner shall secure all required governmental plan and permit approvals. The Board may require that an Owner post funds in favor of the Association that can be immediately drawn upon by the Board in the event that the exterior activity causes damage to other Units or Common Elements. The Board may require that such funds equal the greater of $5000.00 or 5% of the written estimated cost of the proposed remodeling. If the Board of Directors fails either to approve or to disapprove such plans and specifications (inducing re -submission of disapproved plans and specifications which have been revised) within sixty (60) days after the same have been submitted or resubmitted to it (provided that all required information has been submitted), it shall be conclusively presumed that said plans and specifications have been approved subject, however, to the restrictions contained in this Declaration and compliance with the Condominium Laws. The Board of Directors shall notify the Owner in writing upon receipt of all required, complete plans and specifications and the aforesaid 60-day period shall commence on the date of such notification. 13.8 Other Duties of the Association. In addition to all other rights, duties, privileges and liabilities of the Association, as provided by this Declaration and its Articles of Incorporation and amendments, the Association shall provide to the Owners the duties and services described in subparagraphs (a) through (g) below, and may provide services provided in subparagraph (h) below, all of which shall be paid as a part of the Common Expense assessment: (a) Maintenance, repair and restoration of the General Common Elements and the exterior of all Unit pursuant to Article 10; (b) Administration and management of the Common Elements; (c) Provision and maintenance of snow melt or snow removal, lighting, and other utility services for all common areas through agreements for services and with utility providers; (d) Obtaining and maintaining of all required insurance as hereafter provided; (e) The enforcement of all of the provisions of this Declaration and the Association's rules and regulations and the collection of all obligations and assessments owed to the Association by the Owners; 22 Declaration; (f) Acting as attorney -in -fact for the Owners in accordance with this (g) Performing all other acts required by this Declaration, or the Articles of Incorporation and Bylaws of the Association, or any amendments thereto; and (h) In addition to the foregoing, the Association shall have the right to hire one or more persons including a management agent, to perform, manage, direct, or contract, subject to Association approval, for such services. No contract or agreement for the employment of a management agent or professional manager for the Project shall be for a term in excess of three years and any such agreement shall provide that the same may be terminated with or without cause and without payment of any termination fee on 60 days prior written notice. ARTICLE 14 MAINTENANCE RESPONSIBILITY FOR UNIT 14.1 Owner's Responsibility, Each Owner shall have the obligation to maintain and keep in good repair the Owner's Unit except for exterior maintenance as provided in Article 10. All work and improvements to the exterior of a Unit shall be in full compliance with all approvals or certificates of the HPC. Any changes to the exterior of a Unit shall only be made after approval by the Association and, if required by the City Land Use Code, approval by the HPC. 14.1.1 An Owner shall not be responsible for repair occasioned by damage as defined in Article 19 hereof, unless such damage is due to the act or negligence of Owner, or the Owner's guests, invitees, or tenants. 14.1.2 An Owner shall reimburse the Association for any expenditure incurred for replacing and repairing of any Common Element and related facility, damaged through fault of Owner, or the Owner's guests, invitees, or tenants, and the Association shall be entitled to assess such Owner for such amounts which shall be payable, collectible and enforceable in the same manner as assessments pursuant to Article 18 hereof. 14.1.3 No Owner shall alter any General or Limited Common Element without the prior written consent of the Association. 14.2 Owner's Responsibilityfor Tenant's Conduct. An Owner may elect to lease his/her Unit for use by a third party, subject to Section 15.3, provided the third party agrees to use the Unit and Common Elements for purposes consistent with this Declaration. Owner remains responsible to the Association for any loss, damage or destruction which occurs during any such period as if such Owner were occupying the Unit. Nothing herein shall limit the ability of such Owner from asserting claims against such tenants or other third parties who may be responsible to the Owner. 23 14.3 Owner Remodelin . An Owner shall have the right to redecorate, remodel or reconstruct the interior of such Owner's Condominium Unit, provided that no reconstruction, redecoration or remodeling shall be made without the prior written consent of the Board if it would affect structural members, Common Elements, or the exterior appearance of the Buildings. Owner is responsible for securing all required governmental plan and permit approvals. Owner shall compensate the Association for all reasonable costs it may incur to retain consultants to review and comment upon Owner's proposed modifications, including, without limitation any legal expense. The Board may require that an Owner post funds in favor of the Association that can be immediately drawn upon by the Board in the event that the remodeling causes damage to other Units or Common Elements or is not completed within the time set forth in any construction schedule required and approved by the Board. The Board may require that such funds equal the greater of $5000.00 or 5% of the written estimated cost of the proposed remodeling. Such right to repair, alter and remodel shall carry the obligation to replace any finished materials removed with similar or other types or kinds of finishing materials. In these instances where the prior written consent of the Board is required, the Owner, upon completion of the remodeling shall deposit with the Association a complete set of as -built plans describing the Owner remodeling. 14.4 No Impairment of Structural Soundness. An Owner shall neither perform nor permit any act or work that will impair the structural soundness or integrity of any Building or impair an easement or utility. Each Loft Unit shall have an obligation at all times, including during construction, to provide subjacent support to adjoining Loft Units. ARTICLE 15 BOARD OF DIRECTORS 15.1 Board of Directors. The Association, by and through the Board elected in accordance with the Articles of Incorporation and the Bylaws of the Association, shall have the duties of the general administration, management, operation, and maintenance of the Project; the enforcement of the provisions of this Declaration and of the Articles of Incorporation and the Bylaws of the Association and rules and regulations adopted thereunder; and design review as provided in Article 13. 15.1.1 If appointed by the Declarant, in the performance of their duties, the officers and members of the Board are required to exercise the care required of fiduciaries of the Unit Owners. If not appointed by the Declarant, no member of the Board and no officer shall be liable for actions taken or omissions made in the performance of such member's duties except for wanton and willful acts or omissions. 15.1.2 The Board may not act on behalf of the Association to amend or supplement the Declaration, to terminate the common interest community, or to elect members of the Board or determine the qualifications, powers and duties, or terms of office of Board members, but the Board may fill vacancies in its membership for the unexpired portion of any term. 24 15.1.3 The Board may delegate any of its duties, powers and functions to any person or firm which will act as the Managing Agent at an agreed reasonable level of compensation. 15.2 Mann ing A ent. The Managing Agent, if any, shall perform the management, operation and maintenance functions delegated to it by the Board. These duties may include, without limitation, managing and maintaining the common areas and managing any of the activities of the Project. 15.3 Budget. Within thirty (30) days after adoption of any proposed budget for the Association, the Board shall mail by ordinary first-class mail or otherwise deliver a summary of the budget to all the Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification of the budget not less than ten (10) nor more than sixty (60) days after mailing or other delivery of the summary. Unless, at that meeting, a majority vote of Members rejects the budget, the budget is ratified. If at such meeting, a quorum was not present, the budget shall be deemed ratified. In the event that the proposed budget is rejected, the periodic budget last ratified by the Members must be continued until such time as the Members ratify a subsequent budget proposed by the Board. 15.4 Marke niz Period. 15.4.1 This Declaration provides for a period of Declarant control of the Association (the "Marketing Period"), during which period the Declarant, or persons designated by it, may appoint and remove the officers and members of the Board. The Marketing Period shall terminate upon the first to occur of. (a) sixty days after conveyance to Unit Owners other than the Declarant, of seventy-five percent (75%) of the Units that may be created; (b) two (2) years after the last conveyance of a Unit by the Declarant in the ordinary course of business; or (c) two (2) years after any right to add new Units was last exercised. 15.4.2 The Declarant may voluntarily surrender the right to appoint and remove officers and members of the Board before termination of the Marketing Period, but, in that event, the Declarant may require, for the duration of the Marketing Period, that specified actions of the Association or Board be approved by the Declarant before they become effective. 15.5 Election of the Board during Marketin Period. 15.5.1 Not later than sixty (60) days after the conveyance of twenty-five percent (25%) of the Condominium Units that may be created, Unit Owners, other than the Declarant, shall elect at least one (1) member who shall not be Declarant, which shall result in Unit Owner representation of not less than twenty-five percent (25%) of the Board membership. 25 15.5.2 Not later than sixty (60) days after the conveyance of fifty percent (50%) of the Condominium Units that may be created, Unit Owners, other than the Declarant, shall elect member(s) who shall not be Declarant, which shall result in Unit Owner representation of not less than one-third (1/3) of the Board membership. 15.6 Election of Board after Marketin Period. Except as otherwise provided herein or by law, no later than the termination of the Marketing Period, the Unit Owners shall elect a Board of at least three members, at least a majority of whom must be Unit Owners other than the Declarant or designated representatives of Unit Owners other than the Declarant. The Board shall elect the officers of the Association. The Board members and officers shall take office upon termination of the Marketing Period. 15.7 Removal of Board Member. The Members by a two-thirds (2/3) vote of all Members present and entitled to vote at any meeting of the Members at which a quorum is present, may remove any member of the Board, with or without cause, other than a member appointed by the Declarant during the Marketing Period. 15.8 Delivery of Association Documents. Within sixty (60) days after the Unit Owners other than the Declarant elect a majority of the members of the Board, the Declarant shall deliver to the Association all property of the Unit Owners and of the Association held by or controlled by the Declarant, including without limitation the following items: (a) The original or a certified copy of the recorded Declaration as amended, the Association's Articles of Incorporation, Bylaws, minute books, other books and records, and any rules and regulations which may have been promulgated; (b) An accounting for Association funds and financial statements, from the date the Association received funds and ending on the date the Marketing Period ends; (c) The Association funds or control thereof, (d) All of the Declarant's tangible personal property that has been represented by the Declarant to be the property of the Association or all of the Declarant's tangible personal property that is necessary for, and has been used exclusively in, the operation and enjoyment of the Common Elements, and inventories of these properties; (e) A copy of any plans and specifications, including any as -built drawings which may be available, used in the construction of the improvements in the Project which were completed within two years before the Declaration was recorded; (f) All insurance policies then in force, in which the Unit Owners, the Association, or its directors and officers are named as insured persons; (g) Copies of any certificates of occupancy that may have been issued with respect to any improvements comprising the Project; W (h) Any other permits issued by governmental bodies applicable to the Project and which are currently in force or which were issued within one year prior to the date on which Unit Owners other than the Declarant took control of the Association; (i) Written warranties of any contractor, subcontractors, suppliers, and manufacturers that are still effective; 0) A roster of Unit Owners and First Mortgagees and their addresses and telephone numbers, if known, as shown on the Declarant's records; (k) Employment contracts in which the Association is a contracting party; and (1) Any service contract in which the Association is a contracting party or in which the Association or the Unit Owners have any obligation to pay a fee to the persons performing the services. 15.9 Limitation of Liability of Certain Persons. To the fullest extent permitted by applicable law, a member of the Board or any Managing Agent shall not be liable for actions taken or omissions made in performance of his or her duties. Unless otherwise required by the Act, the Association and any employee or agent of the Association shall not be liable to any party for any action or failure to act with respect to any matter arising in connection with this Declaration if the action or failure to act was in good faith and without malice. ARTICLE 16 ASSESSMENT FOR COMMON EXPENSES 16.1 Obligation. All Owners shall be obligated to pay the assessments imposed by the Board to meet the Common Expenses of maintenance, operation and management of the Project. Until the Association makes a Common Expense assessment, the Declarant shall pay all common expenses. After any assessment has been made by the Association, assessments shall be made no less frequently than annually and shall be based on a budget adopted no less frequently than annually by the Association. 16.2 Apportionment. Except as otherwise provided in this Declaration (particularly with regard to exterior maintenance provided in Article 10), the percentage of Common Expenses to be paid by a Unit Owner shall be equal to such Owner's Allocated Interest in and to the Common Elements as set forth in Exhibit A, as the same may be amended from time to time. 16.3 Puraose of Assessments. The assessments levied by the Association through its Board shall be used for the purposes of promoting the health, safety, welfare and beneficial interests of the residents in the Project and for any other purpose reasonably related to the operation, maintenance and control of the Project, including, without limitation, costs of maintenance, repair and operation of the General Common Elements, expenses of management, taxes and special assessments unless separately assessed, insurance premiums for insurance coverage required by this Declaration or as otherwise deemed desirable or necessary by the 27 Board, landscaping and care of grounds, common lighting, repairs and renovations, wages, water, sewer and utility charges, legal and accounting fees, management fees, expenses and liabilities incurred by the Board or the Managing Agent under or by reason of this Declaration, actions taken to enforce and ensure compliance with this Declaration or the terms and conditions of governmental approvals for the Project or any agreements relating to development of the Project, payment of any deficit remaining from a previous assessment period, the creation of a reasonable contingency or other reserve or surplus fund for the costs of maintenance, repair and renovation of the General Common Elements, cost and expenses reasonably required by local governing bodies to bring the Project into compliance with applicable laws, for the cost of utilities and other services to be provided by the Association, for proposed capital expenditures and to compensate or account for any shortfall resulting from non-payment by owners, other costs and expenses relating to the General Common Elements, and for any other purpose allowable under the Act. Particularly, the Assessments shall be used for maintaining, repairing and replacing the landscaping, sidewalks and snow melt system on the Project in a uniform and high standard of appearance and condition. 16.4 Excess Assessments. In the year in which there is an excess of assessments received over amounts actually used for the purposes described herein, and in the Bylaws, such excess may be applied against and reduce the subsequent year's assessments or be refunded to the members as the Board determines. 16.5 Interest. Any past -due common -expense assessment or installment thereof shall bear interest at the rate established by the Association not exceeding twenty-one percent (21 %) per annum or the maximum interest rate allowed by Colorado law, whichever is less. If, from time to time, no specific rate is established by the Board, the rate during such period shall be eighteen percent (18%) per annum. 16.6 No Waiver or Abandonment. No Unit Owner may be exempt from liability for payment of the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of the Unit against which the assessments are made. 16.7 Benefit of Class of Owners. Any expense or portion thereof which the Board reasonably determines to be of benefit to or incurred by only one Owner or a group of Owners shall be borne by such Owner or such group. Any such expense shall be shared by the Owners within such group in accordance with their relative Allocated Interests in and to the Common Elements as specified in Exhibit A. 16.8 Misconduct Neg_li ence. If any Common Expense is caused by the misconduct or negligence of any Unit Owner, the Board may assess that expense exclusively against such Owner's Unit. ARTICLE 17 INTENTIONALLY OMITTED ARTICLE 18 COLLECTION OF COMMON EXPENSES 18.1 Assessment Lien. 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 covenant and agree, to pay to the Association annual Common Expense Assessments. Such assessments, including fees, charges, late charges, attorney fees, fines and interest charged by the Association in accordance with Section 16.5 shall be the personal obligation of the Unit Owner at the time when the assessment or other charges became or fell due. The assessments of the Association shall be a continuing lien upon the Unit against which such assessment is made. Such lien for assessment shall attach from the due date of the assessment. A lien under this Section is prior to all other liens and encumbrances on a Unit except liens and encumbrances recorded before the recordation of the Declaration and liens for real estate taxes and other governmental assessments or charges against the Unit. A lien under this section shall also be superior to a First Mortgage on the Unit recorded before the date on which the assessment sought to be enforced became delinquent to the maximum extent allowed by the Act. To evidence the lien as herein permitted, the Board may, but shall not be required to, prepare a written notice setting forth the amount of such unpaid indebtedness, the amount of accrued penalty or interest thereon, the rate at which interest will continue to accrue until the assessment is paid, and the name of the Owner of the Unit and a description of the Unit. Any such notice shall be recorded in the office of the Clerk and Recorder of Pitkin County, Colorado. This Section does not prohibit an action to recover sums for which this Section creates a lien or prohibit the Association from taking a deed in lieu of foreclosure. Sale or transfer of any Unit shall not affect the Association's lien except that sale or transfer of any Unit pursuant to foreclosure of any First Mortgage, or any proceeding in lieu thereof, including deed in lieu of foreclosure, or cancellation or forfeiture shall only extinguish the Association's lien as provided in the Act. 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 Common Expense Assessments thereafter becoming due, nor from the lien thereof. 18.2 Effect of Nonpayment 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 shall bear interest at the rate as determined by the Board and the Association may assess a late charge thereon. Further, the Association may bring an action at law or in equity, or both, against any 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 Owner's Unit. An action at law or in equity by the Association against an Owner to recover a money judgment for unpaid assessments, charges or fees, including attorney fees and costs for any collection action or foreclosure, 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. W ARTICLE 19 INSURANCE 19.1 Insurance Required. Commencing not later than the time of the first conveyance of a Condominium Unit to a person other than a Declarant, the Association shall maintain, to the extent reasonably available: (a) Property insurance on the Common Elements for broad form covered causes of loss; except that the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies; (b) Commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements, insuring the Board, the Association, the Managing Agent, and their respective employees, agents, and all persons acting as agents. The Declarant shall be included as an additional insured in such Declarant's capacity as a Unit Owner and Board member. The Unit Owners shall be included as additional insureds but only for claims and liabilities arising in connection with the ownership, existence, use, or management of the Common Elements. The insurance shall cover claims of one or more insured parties against other insured parties. The amount of coverage shall be determined by the Board; (c) Officers' and directors' personal liability insurance to protect officers and directors from personal liability in relation to their duties and responsibilities in acting as officers and directors on behalf of the Association. For purposes of this paragraph, neither the term "officers" nor the term "directors" shall include any officer or director, agent, employee of any independent professional manager or Managing Agent employed by the Association; and (d) The Association may carry any other insurance it considers appropriate, including insurance on Units it is not obligated to insure, to protect the Association or the Unit Owners. 19.2 Cancellation of Insurance. If the insurance described in Section 19.1 is not reasonably available, or if any policy of such insurance is canceled or not renewed without a replacement policy therefore having been obtained, the Association promptly shall cause notice of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners. 19.3 Specific Provisions. Insurance policies carried pursuant to Section 19.1 must provide that: (a) Each Unit Owner is an insured person under the policy with respect to liability arising out of such Unit Owner's interest in the Common Elements or membership in the Association; 30 (b) The insurer waives its rights to subrogation under the policy against any Unit Owner or member of his household; (c) No act or omission by any Unit Owner, unless acting within the scope of such Unit Owner's authority on behalf of the Association, will void the policy or be a condition to recovery under the policy; and (d) If, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association's policy provides primary insurance. 19.4 Adjustment of Claims. 19.4.1 Any loss covered by the property insurance policy described in Section 19.1(a) must be adjusted with the Association, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a security interest. The insurance trustee or the Association shall hold any insurance proceeds in trust for the Association, Unit Owners and lienholders as their interests may appear. Subject to the provisions of Section 19.7, the proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Unit Owners, and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the Project is terminated. 19.4.2 The Association may adopt and establish written nondiscriminatory policies and procedures relating to the submittal of claims, responsibility for deductibles, and any other matters of claims adjustment. To the extent the Association settles claims for damages to real property, it shall have the authority to assess negligent Unit Owners causing such loss or benefitting from such repair or restoration all deductibles paid by the Association. In the event that more than one Condominium Unit is damaged by a loss, the Association in its reasonable discretion may assess each Unit Owner a pro-rata share of any deductible paid by the Association. 19.5 Owner's Responsibility for Insurance. An insurance policy issued to the Association does not obviate the need for Unit Owners to obtain insurance for their own benefit covering a Unit. Each Owner shall provide for the full replacement cost of their Unit and Building. Each Owner shall at the Owner's expense, obtain and at all times maintain property insurance on the Owner's Unit for broad form covered causes of loss and the total amount of insurance must be not less than the full insurable replacement cost of the insured property less applicable deductibles at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations, and other items normally excluded from property policies. Any insurance obtained by an Owner shall include a provision waiving the particular insurance company's right of subrogation against the Association and other Owners, including Declarant, should Declarant be the Owner of any Unit. Each Owner shall obtain and at all times maintain physical damage and liability insurance for such Owner's benefit, at such Owner's expense, covering the full replacement value of the Owner's personal property and personal liability insurance in a limit of not less than Five Hundred Thousand Dollars ($500,000.00) with respect to 31 bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to personal property, and if higher limits shall at any time be customary to protect against tort liability such higher limits shall be carried. In addition, an Owner may obtain such other and additional insurance coverage on the Unit as such Owner in the Owner's sole discretion shall conclude to be desirable; provided, however, that none of such insurance coverage obtained by the Owner shall operate to decrease the amount which the Board, on behalf of all Owners, may realize under any policy maintained by the Board or otherwise affect any insurance coverage obtained by the Association or cause the diminution or termination of that insurance coverage. No Owner shall obtain separate insurance policies on the Common Area. The Board may require an Owner who purchases additional insurance coverage for the Owner's Unit (other than coverage for the Owner's personal property) to file copies of such policies with the Association within thirty (30) days after purchase of the coverage to eliminate potential conflicts with any master policy carried by the Association. 19.6 Certificates of Insurance. An insurer that has issued an insurance policy for the insurance described in Section 19.1 shall issue certificates or memoranda of insurance to the Association and, upon request, to any Unit Owner or holder of a security interest. Unless otherwise provided by statute, the insurer issuing the policy may not cancel or refuse to renew it until thirty (30) days after notice of the proposed cancellation or nonrenewal has been mailed to the Association, and each Unit Owner and holder of a security interest to whom a certificate or memorandum of insurance has been issued, at their respective last -known addresses. 19.7 Damage Repair. 19.7.1. Any portion of the Project for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Association or, if the damaged property is a Unit, by the Owner unless: (a) The Project is terminated as a common interest community pursuant to the provisions of this Declaration and the Act; (b) Repair or replacement would be illegal under any state or local statute or ordinance governing health or safety; (c) Unless otherwise required by operative state or local laws or regulations governing the public health or safety, the Owners representing Allocated Interests of eighty percent (80%) or more vote not to rebuild; or (d) Prior to the conveyance of any Unit to a person other than the Declarant, the holder of a deed of trust or mortgage on the damaged portion of the Project rightfully demands all or a substantial part of the insurance proceeds. 19.7.2 The cost of repair or replacement in excess of insurance proceeds and reserves is a Common Expense. If the entire Project is not repaired or replaced, the insurance proceeds attributable to the damaged Common Elements must be used to restore the damaged 32 area to a condition compatible with the remainder of the Project, and, except to the extent that other persons will be distributees, the insurance proceeds attributable to Condominium Units and Limited Common Elements that are not rebuilt must be distributed to the Owners of those Units and the Owners of the Units to which those Limited Common Elements were allocated, or to lienholders, as their interests may appear, and the remainder of the proceeds must be distributed to all the Unit Owners and lienholders in proportion to such Units' Allocated Interests. 19.8 Fidelity Insurance. If any Unit Owner or employee of the Association controls or disburses funds of the Association, the Association may obtain and maintain, to the extent reasonably available, fidelity insurance. If maintained, coverage shall not be less in aggregate than one years' current assessments plus reserves, as calculated from the current budget of the Association. 19.8.1 Any person employed as an independent contractor by the Association for the purposes of managing the Project must obtain and maintain fidelity insurance in an amount not less than the amount specified in this Section, unless the Association names such person as an insured employee in a contract of fidelity insurance. 19.8.2 The Association may carry fidelity insurance in amounts greater than required in this Section and may require any independent contractor employed for the purposes of managing the Project to carry more fidelity insurance coverage than required in this Section. 19.9 Insurance Premiums are Common Expenses. Premiums for insurance that the Association acquires and other expenses connected with acquiring such insurance are Common Expenses. ARTICLE 20 INTENTIONALLY DELETED ARTICLE 21 CONDEMNATION 21.1 Total Condemnation. If a Condominium Unit is acquired by eminent domain or part of a Condominium Unit is acquired by eminent domain, leaving the Unit Owner with a remnant which may not practically or lawfully be used for any purpose permitted by this Declaration, the condemnation award must include compensation to the Unit Owner for that Condominium Unit and its Allocated Interests whether or not any Common Elements are acquired. Upon acquisition, unless the decree otherwise provides, that Condominium Unit's Allocated Interests are automatically reallocated to the remaining Condominium Units in proportion to the respective Allocated Interests of those Condominium Units before the taking. Any remnant of a Condominium Unit remaining after part of a Condominium Unit is taken under this Section 21.1 is thereafter a General Common Element. 21.2 Partial Condemnation. Except as provided in Section 21.1, if part of a Condominium Unit is acquired by eminent domain, the award must compensate the Unit Owner 33 for the reduction in value of the Unit and its interest in the Common Elements whether or not any Common Elements are acquired. 21.3 Condemnation of Common Elements. If part of the Common Elements are acquired by eminent domain, that portion of any award attributable to the Common Elements taken must be paid to the Association. Any portion of the award attributable to the acquisition of a Limited Common Element must be paid to the Owner of the Unit to which that Limited Common Element was allocated at the time of acquisition. For the purposes of acquisition of a part of the Common Elements, service of process on the Association shall constitute sufficient notice to all Unit Owners, and service of process on each individual Unit Owner shall not be necessary. 21.4 Recordation of Decree. The court decree shall be recorded in the office of the Clerk and Recorder of the County of Pitkin. ARTICLE 22 STATEMENT OF ACCOUNT 22.1 Statement of Assessments. The Association shall furnish to a Unit Owner or such Unit Owner's designee or to a holder of a Mortgage or its designee upon written request, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the Association's registered agent, a statement setting forth the amount of unpaid assessments currently levied against such Owner's Unit. The statement shall be furnished within fourteen (14) business days after receipt of the request and is binding on the Association, the Board, and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a Mortgage or their designee, delivered personally or by certified mail, first-class postage prepaid, return receipt requested, to the inquiring party, then the Association shall have no right to assert a priority lien upon the Unit for unpaid assessments which were due as of the date of the request. 22.2 Grantee and Grantor Both Responsible. The grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for the Common Expenses and other assessments provided herein up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefore, subject only to the limitations set forth in Section 22.1. The term "grantee" as used in this section shall not apply to the holder of any First Mortgage upon a Condominium Unit, or to any person or entity acquiring title to a Condominium Unit, by either sheriffs or public trustee's deed through foreclosure, or who acquires title by a deed given in lieu of foreclosure of a Mortgage. Nothing herein shall be construed to limit or diminish the Association's lien rights and priorities as set forth in Article 18 herein. ARTICLE 23 TERMINATION OF MECHANICS LIEN RIGHTS AND INDEMNIFICATION 23.1 Mechanics Liens. Subsequent to the completion of the improvements described on the Condominium Map, no labor performed or materials furnished and incorporated into a Unit 34 with the consent or at the request of the Unit Owner or his agent or his contractor or subcontractor shall be the basis for filing of a lien against the Condominium Unit of another Owner not expressly consenting to or requesting the same, or against the Common Elements, except as to the undivided interest of the Unit of the Owner for whom such labor or materials shall have been furnished. 23.2 Indemnification. Each Owner shall indemnify and hold harmless each of the other Owners from and against any and all liability, loss or damage, including reasonable attorney's fees, that the other Owners incur as a result of the claims of any lien against the indemnifying Owner's Unit or any part thereof for labor performed, or for materials furnished in work on such Owner's Unit. ARTICLE 24 MORTGAGING A UNIT - PRIORITY 24.1 Encumbrances. Any Owner shall have the right from time to time to mortgage or encumber his interest in a Condominium Unit by a Mortgage. The Owner of a Condominium Unit may create junior mortgages on the following conditions: 24.1.1 That any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, liens for Common Expenses and other obligations created by this Declaration, the Articles of Incorporation, and Bylaws of the Association. 24.1.2 That the holder of any junior mortgage shall release, for the purpose of restoration of any improvements upon the Project, all of his right, title and interest in and to the proceeds under insurance policies upon said Project wherein the Association is named insured. Such release shall be furnished upon written request by the Association. ARTICLE 25 PROPERTY FOR COMMON USE 25.1 Association Property. The Association may acquire for the use and benefit of all of the Owners, real and personal property and may dispose of the same by sale or otherwise, and any such property shall be deemed General Common Elements. ARTICLE 26 DEVELOPMENT RIGHTS SPECIAL DECLARANT RIGHTS AND ADDITIONAL RESERVED RIGHTS 26.1 Development Riuhts and Special Declarant Rights. Declarant hereby reserves the following Development Rights and Special Declarant Rights. Except for the rights reserved in Section 26.1.1, the following Development Rights and Special Declarant Rights are reserved for a time period of fifteen (15) years commencing on the date of the execution of this Declaration. 35 ARTICLE 27 INTENTIONALLY DELETED ARTICLE 28 REVOCATION OR AMENDMENT OF DECLARATION 28.1 Revocation. This Declaration shall not be revoked unless all of the Owners and all of the holders of any First Mortgage covering or affecting any or all of the Condominium Units consent to such revocation by an instrument(s) duly recorded in the real property records of Pitkin County, Colorado; except only as otherwise provided in Articles 19 and 21 pertaining to the appointment of the Association as attorney -in -fact in the event of damage, destruction, obsolescence or condemnation of the Project. 28.2 Amendment. This Declaration shall not be amended or supplemented except as otherwise herein provided, unless the Owners representing Allocated Interests of sixty-seven percent (67%) or more, and, during the Marking Period, the Declarant, all consent and agree to such amendment by instrument(s) duly recorded; provided, however, that: (a) The percentage of the undivided interest in the Common Elements appurtenant to each Unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all of the Unit Owners expressed in an amended Declaration duly recorded; and (b) No such amendment shall increase the proportionate expenses chargeable against any Unit or Owner thereof without the unanimous consent of the Unit Owners affected thereby expressed in an amended Declaration duly recorded. 28.2.1. Notwithstanding the provisions of this Article 28, in the event of the combination or division of a Condominium Unit or Units pursuant to the reservations set forth in Section 6.5, the Owner or Owners of the Condominium Unit or Units subject to such combination or division and the holders of any recorded First Mortgage covering or affecting any such Condominium Unit or Units may amend this Declaration to reflect the adjustment (which adjustment shall be based upon the relative square footage of the resulting spaces) between the resulting spaces and the Owner or Owners thereof with respect to the Allocated Interests attributable to such resulting spaces; provided, that any such amendment shall not increase or decrease the percentage ownership in the Common Elements of, or the percentage of Common Expenses to be paid by, any Unit Owner not involved in such combination or division. 28.2.2 Notwithstanding any other provisions of this Article 28, in the event of the exercise of any Development Rights by the Declarant pursuant to Article 26 hereof, the Declarant may amend the Declaration to reflect any adjustment between the resulting spaces and the Owner or Owners thereof with respect to the ownership interest in the Common Elements and the percentage of Common Expenses attributable to such resulting Units; provided, that any such amendment shall not increase or decrease the ownership interests in the Common Elements of, or W. the percentage of Common Expenses to be paid by, any Owner not involved in such combination, division or partition. 28.3 Challenize to Amendments. No action to challenge the validity of an amendment adopted by the Association pursuant to this section may be brought more than one year after the amendment is recorded. 28.4 Recordation. Every amendment to the Declaration must be recorded in every county in which any portion of the Project is located and is effective only upon recordation. An amendment must be indexed in the grantee's index in the name of the Project and the Association and in the grantor's index in the name of each person executing the amendment. 28.5 Unanimous Consent Required for Certain Amendments. Except as otherwise provided in this Declaration or the Act, no amendment may create or increase Special Declarant Rights, increase the number of Units, change the boundaries of any Unit or the Allocated Interests of a Unit, change the allowed uses for a Unit or change the uses to which any Unit is restricted, in the absence of securing the consent of 100% of the Unit Owners. 28.6 Association Certification. Amendments to the Declaration required by this Article to be recorded by the Association shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of the Association designated for that purpose or, in the absence of designation, by the president of the Association. In the event of an amendment to the Declaration or the Condominium Map by the Owners, the Association shall record the amendment by the Owners with a certificate from the Association by any officer designated for that purpose, or, in the absence of the designation, by the president, that requisite number of Owners have consented to the amendment. 28.7 Expenses. All expenses associated with preparing and recording an amendment to the Declaration shall be the sole responsibility of. (a) In the case of an amendment pursuant to reallocation of boundaries between adjoining Units, and subdivision of Units, the Unit Owners desiring the amendment; (b) In the case of an amendment or supplement to the Map and the Declaration because of the construction of a Residential Building on a Loft Unit, by the Owner of that Loft Unit; and (c) In all other cases, by the Association. ARTICLE 29 MISCELLANEOUS 29.1 Reeistration by Owner of Mailing Address. Each Owner shall register his mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an Owner shall be sent by regular United 39 States Mail, postage prepaid, addressed in the name of the Owner at such registered mailing address. All notices, demands or other notices intended to be served upon the Board or the Association shall be sent by regular United States Mail, postage prepaid, to the address of the Association as designated in the Articles of Incorporation and Bylaws of the Association. 29.2 Additional Rights of First Mortga ees. In addition to any other rights provided in this Declaration, any First Mortgagee who shall make a request in writing to the Association, shall have the following additional rights: 29.2.1 To be furnished a copy of the annual financial statement of the Association, such statement to be furnished at the time the same is furnished to the Owners. 29.2.2 To be given written notice by the Association of any meeting of the Association called for the purpose of considering any amendment, revocation or change to the Declaration or Articles of Incorporation. Such notice shall state the nature of any such change being proposed. 29.2.3 To be given written notice of any default by an Owner of a Condominium Unit encumbered in favor of the First Mortgagee in the performance of any duty or obligation required hereunder or under the Articles of Incorporation, Bylaws, or rules and regulations of the Association, which default remains uncured more than 30 days following notice to the defaulting Owner. 29.2.4 Upon reasonable notice to examine the books and records of the Association during normal business hours. 29.3 Severabilit_y. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word or the application thereof in any circumstances be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. 29.4 Applicability of the Act. The provisions of this Declaration shall be in addition and supplemental to the Act, as herein defined. 29.5 Gender. Whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. 29.6 Applicable Law. This Declaration is filed in the records of Pitkin County, Colorado and it is agreed that the proper jurisdiction and venue of any action pertaining to the interpretation or enforcement of this Declaration shall be in the District Court of Pitkin County, Colorado. K 29.7 Binding Agreement. It is understood and agreed that this Declaration shall be binding upon the heirs, executors, administrators and assigns of the parties hereto. 29.8 Reference to Ownership Interests. Whenever in this Declaration or in the Articles of Incorporation or Bylaws of the Association reference is made to a specific percentage interest of Owners, such reference shall be deemed to mean the total aggregate appurtenant interest in and to the Common Elements as reflected in Exhibit A attached hereto and as may be amended from time to time, unless the context otherwise requires, shall not be deemed to mean a percentage of owners by number of individual persons, partnerships, corporations or other entities. 29.9 Reservations by Declarant. Declarant reserves to itself and hereby grants to the Association the right to establish from time to time by dedication or otherwise, so long as same does not unduly interfere with the rights of any Unit Owner, utility and other easements, for purposes including but not limited to paths, walkways, drainage or recreation areas, land areas, ducts, shafts, flues, conduit installation areas, and to create other reservations, exceptions and exclusions consistent with the condominium ownership of the Project to the best interest of all the owners and the Association in order to serve all the Owners within the Project. 29.10 Association as Attorney -in -Fact; Power of Attorney. This Declaration does hereby make the irrevocable appointment of the Association as attorney -in -fact for all Owners to deal with the condominium property upon its destruction, obsolescence, repair or reconstruction or condemnation, and title to each Unit is declared and expressly made subject to the terms and conditions hereof and acceptance by the grantee of a deed from the Declarant or from any Owner shall irrevocably constitute and appoint the Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the Condominium Property upon its destruction, obsolescence, repair or reconstruction. In the event the Condominium Property is sold by the Association, as attorney -in -fact, pursuant to Articles 19-21, the Association shall record a notice in the office of the Clerk and Recorder of Pitkin County, Colorado, setting forth the circumstances of such sale, and this Declaration shall wholly terminate and expire upon the recording of such notice. 29.11 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights -of -way, liens, charges, and other provisions contained in this Declaration, the Articles, the Bylaws, and the rules and regulations of the Association, all as amended, shall be by any proceeding at law or in equity against any person or persons, including the Association, violating or attempting to violate any such provision. The Association and any aggrieved Owner shall have the right to institute, maintain, and/or prosecute any such proceedings, and the Association shall further have the right (after notice and an opportunity to be heard) to levy and collect fines for the violation of any provision of the aforesaid documents. In any action instituted or maintained under this Section, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. 29.12 Term of Declaration. The covenants and restrictions of this Declaration shall run with and bind the land in perpetuity. This Declaration is made subject to any existing easements, 41 reservations, restrictions or rights of way of record. If any of the terms, covenants, conditions, easements, restrictions, uses, limitations or obligations created by this Declaration shall be unlawful or void for violation of (i) the rule against perpetuities or some analogous statutory provision, (ii) the rule restricting restraints on alienation, or (iii) any other statutory or common law rules imposing like or similar time limits, such provision shall continue only for the period of the life of Gregory P. Hills, his now living descendants, and the survivor of them, plus 21 years. of IN WITNESS WHEREOF, the Declarant has executed this Condominium Declaration as , 2005. DECLARANT: AUSTIN LAWRENCE CONNER, LLC, a Colorado limited liability company By: Austin Lawrence Partners, LLC, a Colorado limited liability company, Manager Lo STATE OF COLORADO ) COUNTY OF PITKIN ) ss. Gregory P. Hills, Manager Subscribed and sworn to before me this day of , 2005, by Gregory P. Hills, as Manger of Austin Lawrence Partners, LLC, a Colorado Limited Liability Company, as Manager of Declarant, Austin Lawrence Conner, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: 42 Notary Public EXHIBIT A TO CONDOMINIUM DECLARATION OF CONNER CABINS & LOFTS Unit Unit Square Footage Allocated Interests Based on % of S.F. Loft Units 530-A 5,402 0.2769 532-A 5,002 0.2564 534-A 4,627 0.2371 Subtotal 15,031 0.7704 Cabins Units 530-B 1,467 0.0752 532-B 1,507 0.0772 534-B 1,507 0.0772 Subtotal 4,481 0.2296 TOTAL 19,512 1.0000 43 Votes 27.69 25.64 23.71 7.52 7.72 7.72 100 EXHIBIT B TO CONDOMINIUM DECLARATION FOR CONNER CABINS & LOFTS Easements and Encroachments: 1 • Reservations and exceptions as set forth in the deed from the City of Aspen recorded October 11, 1887 in Book 59 at Page 25, providing as follows: that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. 2. Easements, rights of way, and all matters as shown on the City of Aspen Map. 3. Terms, conditions and provisions of Resolution No. 7, Series 2005 of the Aspen Historic Preservation Commission recorded March 25, 2005 at Reception No. 508236. 4. Any boundary discrepancy due to the location of fence lines and the effect of any right, title or interest that may be claimed due to any said discrepancy. 5 • All matters, easements, reservations, rights, and conditions shown on the Land Condominium Map of Conner Cabins and Lofts recorded in Plat Book at Page _ . 44 0 46 U \] i r. 3' 6" � 1.5" 4000 PSI CONCRETE WITH FIBERMESH 6" CLASS 6 AGGREGATE BASE COURSE —' COMPACTED TO 95% STANDARD PROCTOR. CROSS PAN DETAIL N. T. S. 6" ( 5' MINIMUM OR 4000 PSI CONCRETE WITH FIBER MESH 2% CROSS SLOPE (TYP) TOWARDS ROAD. a a 6" = CI-6 BASE COURSE CONTINUED FROM / STREET. STRIP ALL TOP SOIL, SCARIFY SUBGRADE, RECOMPACT TO 95% MIN. STANDARD PROCTOR. CONCRETE SIDEWALK DETAIL N.T.S 6- R (3) S7FP SL Sf/12� S YPI q�� AT? A8/h N1 � UNIT 63 Fl��7920.0 8 99 12" CLASS 6 AGGREGATE BASE <_•�' '� COURSE COMPACTED TO 95% I:< STANDARD PROCTOR \ 41\16* 0 <�� ,. < `•. - s SUBGRADE A MINIMUM OF 8" DEPTH TO 95% STANDARD PROCTOR. `\ ` RIS �12S1FPS �\ SL(pFO AT o� ALLEY ASPHALT PAVEMENT SECTION -7918 N.T.S. SEE PLANS FOR LOCATION OF SIDEWALK 20' SIDEWALK TO BE B" THICK AT ALLEY 1 UNIT 5 / 11Fa7,91 0A 1 g- ��1g Ol FG,79 76, GRAPHIC SCALE / 0 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. CONTRACTOR TO MATCH // I EXISTING GRADE ON NORTH SInF M At I FY 1' 71 <.' 7915 < b1 791 BT 9 6.34Ca %' 6 02 S? ! << p` :z _�r9j -A3 <'7 .87 �r918 �79< .O� �, R15A STfPs / \ SLOP 1 2� 1 L / n /v (2) S a17g19 72� OT / ORQ*- S UNIT } �9j9.7y SLo/P 12�� Fp`7919,3g' B ' / -A T 0v _ 11 � 7919--' `Cl6 L .. 0 1 •. .41 1 ---7919— -- _ J MATCH FINISH GRADE TO a CONCRETE SIDEWALK AND BACK OF CURB LANDSCAPE CURB. LANDSCAPE w a O J FLOWLINE OF GUTTER LIP OF GUTTER 6' 6' 8"-4000 PSI CONCRETE zl/2" MAX. LIP TO BE DETERMINED WITH FIBER BY LOCAL DRAINAGE CONDITIONS TYPICAL ALLEY ENTRANCE DETAIL N.T.S. 4 1 /2" 2'-6" 1 1 /2" 7 LEGEND FOR RADII A = 1/8" B = 1-1/2" C = 1-1/2" - 2" PAVEMENT "i 4000 PSI CONCRETE WITH FIBER MESH CL6 BASE COURSE CONTINUED FROM STREET. STRIP ALL TOP SOIL AND CLAY, SCARIFY SUBGRADE, RECOMPACT TO 95% MIN. STANDARD PROCTOR. STANDARD CURB & GUTTER N.T.S. .1: 179 61' / 79; 8' GENERAL NOTES: 1. THE EXSITNG CONDITIONS ARE FROM A SURVEY BY SOPRIS ENGINEERING (SE). 2. THE EXISTING CONTOUR INTERVAL IS TWO (1) FOOT (DASHED). 3. THE PROPOSED STRUCTURES, INTERIOR DRIAINAGE COMPONENTS, AND OTHER SITE IMPROVEMENTS BY OZ ARCHITECTURE. 4. STORM WATER MANAGEMENT SYSTEM, DRAINAGE AND RETENTION/ INFILTRATION DESIGN BY SOPRIS ENGINEERING. 5. THIS DRAWING OVERLAY IS FROM THE ARCHITECTURAL SITE PLAN, BY OZ ARCHITECTURE. 6. ENSURE THAT DRAINAGE IS AWAY FROM ALL STRUCTURES. 7. THE CONTRACTOR SHALL CONTAIN HIS/HER CONSTRUCTION OPERATIONS TO THE AREA WITHIN THE LIMITS OF THE PROPERTY, THE CONTRACTOR SHALL NOT OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR CONSENT OF THE PROPERTY OWNER INVOLVED. 8. ALL UTILITIES BOTH UNDERGROUND OR OVERHEAD, SHALL BE MAINTAINED IN CONTINUOUS SERVICE THROUGHOUT THE ENTIRE CONSTRUCTION PERIOD. THE CONTRACTOR SHALL BE RESPONSIBLE AND LIABLE FOR ANY DAMAGE TO, OR INTERRUPTION OF, SERVICES CAUSED BY THE CONSTRUCTION. 9. THESE UTILITIES AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY COMPANIES FOR FIELD LOCATIONS OF UTILITY COMPANIES FOR FIELD LOCATIONS OF UTILITIES PRIOR TO CONSTRUCTION. 10. ALL DRAINAGE DITCHES ARE TO BE MAINTAINED. 11. DESIGN OF ROOF DRAINS, GUTTER DOWNSPOUTS, DECK DRAINS IN AND AROUND BUILDING BY OTHERS, 12. SUBSURFACE AND FOUNDATION DRAINS BY OTHERS. DRAINAGE AND SWMP NOTES: 1. ALL WORK PERFORMED SHALL BE IN ACCORDANCE WITH THE CITY OF ASPEN. 2. SURFACE DRAINAGE TO BE COLLECTED AND CONVEYED IN DRAINAGE PIPES AND/OR DRAINAGE SWALES AND ROUTED TO THE DRYWELL/INFILTRATION FACILITIES. AVOID ANY CROSS CONNECTION BETWEEN SUB SURFACE AND SURFACE DRAINAGE SYSTEM. 3• ENSURE THAT SURFACE DRAINAGE IS AWAY FROM ALL STRUCTURES IN ALL DIRECTIONS. MAINTAIN POSITIVE DRAINAGE ON SURFACE AROUND HOUSE WITH A SLOPE AWAY FROM THE EXTERIOR. IF THIS IS NOT FEASIBLE THE REGRADE SURFACE TO PROVIDE A POSITIVE GRADE AWAY FROM EXTERIOR WALL TO THE EXTENT POSSIBLE AND MITIGATE WITH SURFACE DRAINAGE SWALES AND/OR YARD INLET DRAINS. 4. CONSULT WITH GEOTECHNICAL ENGINEER AND FOLLOW ANY RECOMENDATIONS REGARDING FILL AND COMPACTED AREAS. 5. THE DRAINAGE DESIGN IS BASED UPON INFORMATION SUPPLIED TO US BY OTHERS. IF SOIL OR SITE CONDITIONS ARE FOUND TO BE DIFFERENT FROM THOSE INDICATED, SOPRIS ENGINEERING SHOULD BE NOTIFIED TO EVALUATE THE EFFECT IT MAY HAVE ON THE PROPOSED DRAINAGE SYSTEM. 6. STORMWATER MANAGEMENT FACILITIES WILL CONSIST OF RETENTION/INFILTRATION FACILITIES UTILIZING CONCRETE DRY WELLS AND YARD INLET STRUCTURES. THE MAJORITY OF STORM WATER WILL COLLECT FROM A ROOF DRAINAGE SYSTEM AND POTENTIAL DRAINAGE YARD INLETS AND ROUTED VIA °IPELINE AND DRAINAGE SWALES TO THE DRYWELL FACILITY. A PORTION OF THE RUNOFF WILL SHEET FLOW OFF ROOFS, HARD SURFACE AREAS AND LANDCAPED SURFACE AREAS FOR ROUTING TO THE YARD INLETS. LEGEND ELEV PROPOSED SPO-T ELEVATION X FG= FINISHED GRADE SPOT ELEVATION GB= GRADE BREAK SPOT ELEVATION LP= LOW POINT SPOT ELEVATION i <<. -'- \ —'� PROPOSED DRAINAGE PATH CD t / PROPOSED 5' CONTOURS 4 / , PROPOSED 1' CONTOURS tl EXISTING 5' CONTOURS - < < / EXISTING 1' CONTOURS < ,�< �- ' EXISTING CONCRETE TO BE REMOVED PROPOSED ASPHALT < -:/ / / < / \ PROPOSED CONCRETE PROPOSED PAVERS PER ARCH. L � COMPACTED TO 95% STANDARD PROCTOR ALLEY DETAIL N.T.S. GRADE LANDSCAPE AND HARDSCAPE SURFACES AROUND BULIDING PERIMETER AS NEEDED TO PROVIDE POSITIVE DRAINAGE AWAY FROM EXTERIOR WALL OF BUILDING TO MAXIMUM EXTENT POSSIBLE. GRADE TO DRAINAGE SWALES AS FEASIBLE TO MITIGATE DRAINAGE IN LOW OR FLAT AREAS. ROUTE ROOF DOWNSPOUTS FOR LOFT UNITS TO ALLEY TO DRAIN TO S. HUNTER STREET. ADDITIONAL SURFACE DRAINAGE COMPONENTS TO MANAGE RUNOFF ON INTERNAL LANDSCAPED AND HARD SURFACES TO BE DETERMINED AND INSTALLED AS NECESSARY. ROUTE ALL ADDITIONAL SURFACE DRAINAGE FOR DISCHARGE TO THE DRAINAGE SWALE. GRADE HARD SURFACES AT A MINIMUM SLOPE OF 0.5X USE TEMPORARY MEASURES DURING CONSTRUCTION TO PROTECT DRAINAGE STRUCTURES FROM COLLECTING SILT, SEDIMENT AND ANY OTHER DEBRIS. PREVENT ANY OFFSITE DISCHARGE OF SEDIMENTS. CONTRACTOR TO VERIFY GRADES ACROSS THE SITE TO INSURE THAT THE INSTALLATION OF THE DRAINAGE IMPROVMENTS ARE IN COMPLIANCE WITH THE INTENT OF THE DESIGN RECOMMEDATIONS ON THE STORMWATER MANAGEMENT AND DRAINAGE PLAN. OPRIS Z NGINEERING, VIL CONSULTANT 502 MAIN STREET, SUITE A3 CARBONDALE, CO 81623 (970) 704-0311 INO.1 DATEI REVISION I BYI ASPEN, COLORADO ONNER CABINS AND LOFT GRADING, DRAINAGE AND STORM WATER MANAGEMENT FACILITIES AND DETAILS DES. SJO CK. YTN DR. SJO DATE 512, FILE NO. 25054 • SHEET 2 OF 6 25054 .25054SITO.DWC GENERAL UTILITY NOTES: / 1. THE LOCATIONS OF UNDERGROUND UTILITIES HAVE BEEN PLOTTED BASED ON UTILITY MAPS, CONSTRUCTION/DESIGN PLANS, OTHER INFORMATION PROVIDED BY UTILITY COMPANIES AND ACTUAL FIELD LOCATIONS IN T AEXISTING R LERCTRIC SOME INSTANCES. THESE UTILITIES, AS SHOWN, MAY NOT REPRESENT ACTUAL FIELD CONDITIONS. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO CONTACT ALL UTILITY Ss \` NTRACrOR TO SAWCU COMPANIES FOR FIELD LOCATION OF ss EDGE OFTAVS7T UTILITIES PRIOR TO CONSTRUCTION. 2. ALL WATER MAINS SHALL BE INSTALLED WITH A 7'-0" MINIMUM DEPTH OF COVER. SERVICES ADE U9 TELEPHONE PEpESTq CONIR CONFLICTS OCCUR SHALL HAVE "NTH OF CEXISTING I UTILITIES, c V o L ACTI lc?, Mq/N AN BE A D LOCA]E , VARIEDTHE PROPOSED PROVIDED THAT 1HE M NAMUMDE CDEPIN EXIS TO CANS SERVC- VARIED OF COVER IS MAINTAINED. \� uetc ss �� top OF NO SER�CE qNO k ONI ASZE AND L C CONTRACTOR TO SAWCUT 3. MAINTAIN A DISTANCE OF 10 FEET BETWEEN uefc 33.f�7907.4 f ND TO B��ING n ONTO AND MILL EXISTING ASP ALT WATER LINES AND SANITARY SEWER LINES 2 ps (EDGE TO EDGE). IF THIS IS NOT �IC Ue -RS I POSSIBLE, THE ELEVA11ON OF THE CROWN OF #6�" ; fc « THE SEWER SHOULD BE AT LEAST 18 INCHES BELOW THE INVERT OF THE WATER MAIN. IF TRACTOR T NEITHER OF THESE ARE POSSIBLE, D N ,V Ss' uC WER MgIN LOCA CONSTRUCTION SHALL BE DIRECTED BY THE ACTOR TO3 �� '"� U^ PRIOR TO Tr EXISn NG ENGINEER. Cp/jlNjpVALC CpyrRq \ �1fo7NG Y c 9 G x 1`: ++ + T� CAIS77NOF E f �E Cp I� �ZE qN 4. ALL MAIN LINE AND HYDRANT VALVE BOXES 7S CTOR TO \ U@ Ss c 9`' +rPh OgE/� + plpE 79N EXTEND TRACTOR D LOCA77 LOCATED IN THE ASPHALT SHALL BE BROUGHT // ?-WAY CLFf V� �� f� 7${S 83Dt TO BUILOI[VG nE ONTO TO 1/4 INCH BELOW FINISH GRADE J T �E' EX, ELEVATIONS. + A,S A, D 4 + S O AI RIM, 9 6" 5. ALL UTILITIES, BOTH UNDERGROUND AND G 3j Ue S + + + + RG �� V IN �E 1g OVERHEAD, SHALL BE MAINTAINED IN i n \ iC + + + + i V ) 7 CONTINUOUS SERVICE THROUGHOUT THE ENTIRE + + + + + C . OUT iW) � ,a. CONSTRUCTION PERIOD, EXCEPT AS NOTED IN Or U�tc �s + 1 + + + WgTFRACTOR TO 800 THE SPECIAL CONDITIONS. THE CONTRACTOR + + COCA MAIN COC SHALL BE RESPONSIBLE AND LIABLE FOR ANY + + Cp nI p VERIFY ATE EX, DAMAGES TO, OR INTERRUPTION OF, SERVICES 2 COA/7RAC + + + + AND TRACTOR TOR-ro TO COIF AN nN0 CAUSED BY THE CONSTRUCTION. I 2'Wq y TO INST �` + + + + + + + �34A Tp v AND ""'ALL CONS C� CIZ4 AjT H 'f- + + + + NOT , SERVE ARe,p 4"" TAP G 6 CONSIRUTHE C IIONOOPERATIONS TO CONTAINR SHALL HIS WITHIN CON7, I /n No G + + + OpMES 4' WA SERCE SLEf� THE PROPERTY THE CONTRACTOR SHALL NOT 4. COCTOR TO ®`� ++ + + ++ ACTUAL SC AND R SERy nAC LO TO UN,r OPERATE OUTSIDE THIS AREA WITHOUT THE PRIOR 1)-4. NDU,T INSrq / rn/I FLOW SIZE F)RE CE Tp EXPRESSED CONSENT OF THE PRIVATE OWNER. CONDUIT FOR E LL fin^ + + + Sl2ED AND DO TO g- WATER p HANDLE 4"FOR LEC'. ++ + + + 4PPROp,�ESnC pI�ED BYANDS 7. ANY DAMAGE TO PRIVATE PROPERTY BY THE I COMMON FOR �CNND U IT S30�A m I + + + RATLY, MAND ,qN� /Rf CONTRACTOR OUTSIDE THESE LIMITS WITHOUT / ®/ < ` - + + C THE PERMISSION OF THE PRIVATE OWNER OR / l� REPRESENTATIVES WILL BE THE ENCy UNIT W 7g1g43 0 = - • + + + + RESPONSIBILITY OF THE CONTRACTOR. �) + + + + co f <' ��' + + + + + + + + + + 8. THE CONTRACTOR IS TO NOTIFY WATER USERS MIN, 3g S PgT� A(CI BETALC / �o IN�'9 32`A l L + + + + + + + +24 DOWN. HOURS MORE NOTACE MAY BE REQUNCE OF ANY TREDSHUT FOR NpS r 18, m + + + + + + + MAJOR CONNECTIONS, SEE SPECIAL q�LInES UNDERGR 11 ++++++++ ++ +++ 9. THEN CONTRACTOR IS / AND O @ OUNp < < RESPONSIBLE FOR m ONED E + + + + + COORDINATION AND SCHEDULING, TO THE BEST / EVS71NMUN/7- + + + + + + + + ELECTRICITY,NATURAL GAS, + + + + OF HIS ABILITY, FOR THE INSTALLATION OF / �p BD c �17g134-Ag J `, �.L< +++++ °+++ ++ ++ TE EVISION ANDTE LEPHONE HO E UTILITIES. /C TTIES. \ ANDONED + + + + + + +2+ 10. ALL WATER LINE CONSTRUCTION SHALL BE IN S a+ + + + ACCORDANCE WITH THE RULES AND OF ON7RA 0 �� c + #CiWAwq TO# q + WATERATIONS DEP DEPARTMENT. CITY OF ASPEN / \ C LC v c + + + + 11. ALL SEWER LINE CONSTRUCTION SHALL BE IN LI NOUr o, ` < + ULES AND + + + + + + + + + REGULATIONS OF THE CITACCORDANCE WITH THE RY OF ASPEN CONSOUDAI CONTR. c • SANITATION DISTRICT. <' + + + + + + Exis.Crop 12. CONTRACTOR TO CONTACT THE CITY OF ASPEN CONSOLAYS RD nNA WA TOSO C 7t BEFORE IDEX AVATION TOATED IOLOCATE IEXISTING CT TWO DSEWER + + + + + qg TER A ti \ + + + + + + + + OF NRW INS , AT MAINE MAIN. l lU 'NV* BLA_ •�S ® ` L�o1 + . + . + . + SfR y� npN Wv AT MAIN pRV E ANC CATS 3 ` ti < + + + + + + I + W `__ R TO INS ALgj �RHCE \ Wv L < I + + + + + + S + + + NEW sit, Or +++++ v++ ++++++++++ W + + + + + + + + + + + ooNT�ACT t9CA f R � ys WA r NOCE IF ANY S& CEAM n'N nc PROPOSED SAWCUT PN VERFy�A7E EXVS pR /OR r CSOIIf p71NG VAS INSTALL STR CnO/V 4' ER SNIT SROVOAPPING WA AL CAe/NSTO SERA i �`R S ANpTO gREERVICE TO I,--yEfDEMANDS, �DRfDplORA7LMNO AND + ,NVUA�OIV+O TO p0 + + + + lF ANY C ON OF GAS MAIN + �7� LC7 AS rO D f R/OR r O CONTRACTOR TO SA UT EJ(ISr 7ERMIN AND MILL EXISTING ASPHALT W PROPOSED S WC W�p UT GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 fL (El O O LEGEND EXISTING ELECTRIC MANHOLE EXISTING WATER MANHOLE EXISTING DRAINAGE MANHOLE EXISTING SEWER MANHOLE EXISTING TELEPONE MANHOLE EXISTING SEWER MANHOLE EXISTING GUY WIRE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING WATER VALVE EXISTING CURB STOP EXISTING GAS METER EXISTING ELECTRIC TRANSFORMER EXISTING ELECTRIC METER EXISTING TELEPHONE PEDESTAL EXISTING CAN PEDESTAL EXISTING ELECTRIC SERVICE EXISTING TELEPHONE SERVICE EXISTING SEWER CLEANOUT EXISTING LIGHT POLE EXISTING SIGN EXISTING CHAIN LINK FENCE EXISTING WOOD FENCE EXISTING WIRE FENCE EXISTING BOULDER EXISTING DECIDUOUS TREE EXISTING CONIFER TREE EXISTING BUSH EXISTING EDGE OF VEGITAT10N 25054 25054SITEI — of Ot — EXISTING OVERHEAD UTILITIES — of of — EXISTING OVERHEAD TELEPHONE — ut ut — EXISTING UNDERGROUND TELEPHONE — oe oe — EXISTING OVERHEAD ELECTRIC — ue ue — EXISTING UNDERGROUND ELECTRIC — ss ss — EXISTING SEWER — W W — EXISTING WATER — ug ug — EXISTING GAS — etc etc— EXISTING COMMON TRENCH — ETC ETC — PROPOSED COMMON TRENCH — GAS GAS — PROPOSED GAS — INS WS — PROPOSED WATER SERVICE — SS SS — PROPOSED SEWER SERVICE 8 PROPOSED SEWER CLEANOUT CONTRACTOR TO SAWCUT EXISTING ASPHALT, AND PATCH IN -KIND OR CALL BEFORE YOU DIG CALL UTILITY NOTIFICATION MIN OF 5" OVER 12" OF CLASS 6. CENTER OF COLORADO 1-800-922-1987 PROPOSED ASPHALT 125W w. COLFAX Ave, WTE B-310 LAWMM COMAoo eons + + + CONTRACTOR TO MILL ASPHALT AND OVERLAY WITH 2" MAT CALL 2-BUSNIM DAYS IN ADVANCE BEiOlE YCU 016 DRADe, OR CAVAIE FUR �!E IE MBER UTLM PROPOSED PAVERS PER ARCH. NO. DATE REVISION BY PROPOSED CONCRETE ASPEN, COLORADO ONNER CABINS AND LOFT; MASTER UTILITY PLAN SOPRIS ENGINEERING, LW. IVIL CONSULTANT 502 MAIN STREET, SUITE A3 DES. SJO CK YTN FILE NO. SHEET 3 CARBONDALE, CO 81623 (970) 704-0311 DR. SJO DATE 5124105 25054 OF 6 Am qW db Ak 0 l.� 0 0 00 rn00 0 m o� to La zx cn �� o X :� > > WEZz L.I l f_L yjs Cl l j1 1C 1 ll l /J 7930 F0yz. DATUM ELEV 7905.00 1+00 NOTE: PROFILE LENGTHS REPRESENT OUTSIDE OF MANHOLE TO UTSIDE OF MANHOLE. PLAN FIEW LENGliS REPRESENT CENTERLINE OF MANHOLE TO ENTERLINE OF MANHOLE. 0 00 o APPROXIMATE EXISTING GRADE j AT CENTERLINE OF MAIN. a x z rxzz -�-- 65 L.F. 6" SDR 26 ® 0.6% SCALES: HORIZONTAL 1"=10' VERTICAL 1"=5' 1+50 SANITAIRY SEWER MAIN A STA1+00—END 7930 N 0 rn^ •oo II 7920 S�> 1mz 7910 ja— 3 F3 —0 — ❑ — x GRAPHIC SCALE 10 0 5 10 20 40 ( IN FEET ) 1 inch = 10 ft. LEGEND EXISTING ELECTRIC MANHOLE — of of — EXISTING OVERHEAD UTILITIES EXISTING WATER MANHOLE — of of — EXISTING OVERHEAD TELEPHONE EXISTING DRAINAGE MANHOLE — ut ut — EXISTING UNDERGROUND TELEPHONE EXISTING SEWER MANHOLE — oe oe — EXISTING OVERHEAD ELECTRIC EXISTING TELEPONE MANHOLE — ue ue — EXISTING UNDERGROUND ELECTRIC EXISTING SEWER MANHOLE — ss ss — EXISTING SEWER EXISTING GUY WIRE — w w — EXISTING WATER EXISTING POWER POLE — u9 u9 — EXISTING GAS EXISTING FIRE HYDRANT —etc—etc— EXISTING COMMON TRENCH — ETC ETC — PROPOSED COMMON TRENCH EXISTING WATER VALVE — GAS GAS — PROPOSED GAS EXISTING CURB STOP — WS WS — PROPOSED WATER SERVICE EXISTING GAS METER — SS SS — PROPOSED SEWER SERVICE EXISTING ELECTRIC TRANSFORMER FS PROPOSED SEWER CLEANOUT EXISTING ELECTRIC METER EXISTING TELEPHONE PEDESTAL CONTRACTOR TO SAWCUT EXISTING EXISTING CATV PEDESTAL ASPHALT, AND PATCH IN -KIND OR MIN OF 5" OVER 12" OF CLASS 6. EXISTING ELECTRIC SERVICE EXISTING TELEPHONE SERVICE PROPOSED ASPHALT EXISTING SEWER CLEANOUT EXISTING LIGHT POLE + CONTRACTOR TO MILL ASPHALT + 11 AND OVERLAY WITH 2" MAT EXISTING SIGN + . EXISTING CHAIN LINK FENCE PROPOSED PAVERS PER ARCH. EXISTING WOOD FENCE EXISTING WIRE FENCE PROPOSED CONCRETE EXISTING BOULDER 11 N0. DATE CALL BEFORE YOU DIG CALL UTILITY NOTIFICATION CENTER OF COLORADO 1-800-922-1987 12500 W. COLFAX AYE., SIAM 9-3I0 LAK M00D. COLORADO ED218 CALL 2-BUSHM DAYS M ADVANCE BEFORE YOU DIG ORADG CR EXCAVATE FOR THE wARION. CF 1AOERORCU►D NEAR =17ES REVISION ASPEN, COLORADO EXISTING DECIDUOUS TREE ONNER CABINS AND LOFT EXISTING CONIFER TREE SANITAIRY SEWER PLAN AND PROFILE EXISTING BUSH SOPRIS ENGINEERING, LLC. LINE A STA 1+00—END IVIL CONSULTANT EXISTING EDGE OF VEGITATION 502 MAIN STREET, SUITE A3 DES. SJO CK. YTN FILE NO. SHEET 4 CARBONDALE, CO 81623 25054 26054SIPEY (970) 704-0311 DR. SJO DATE 51241,0 25054 OF 6 0 • • rl DIP CAP W/TB - END OF PIIPE •r 01 � PEAP En P V/YE TRENCH WIDTH- y AS SPECIFIED -SEE TABLE FOR AREA OF CONCRETE TO BEAR BARS ON UNDISTURBED EARTH °� P :• �111 "TABLE MINIMUM THICKNESS FOR BEARING EQUAL TO PIPE O.D. AREA EACH SIDE SECTIGA CA TE VAL VE AO-, 45, 22. 5 , OR 11.25` TEE EL BOV ; HORIZOA TAL OR CONCRETE KICKBLOCKS SOTTO/b, OF VERTICAL MINIMUM SURFACE BEARING AREA (IN SQUARE FEET) STATIC PRESSURE = 150 PS! STATIC PRESSURE = 200 PS/ Pipe TEE OR 7E£ OR Diameter BENDS DEAD ENO-{ - BENDS I OFAD ENO >7-11422 -1/2I 45 ( 90 I 11-1/4 22-1/2I 4� 90 LL4---6. ''T�1.00 1.25 2.50 4.50 I ..25 --t- 1.00 1.50 J..00-j- 5.50 I 4.00 12 2.75 5.00 10. 1.75 3,25 6.50 12.00 I 8.500 200 4.00 17. I 14.2TT 5 I 10.00 I �" 7- 5.25 I10.00 119.005 I 16.00 3.25 16.50 I12.75 123.50 ( 19.00 10� 1700 31.00 22075 800 I31.00I 5�0.'18" 86 NOTES: 1. All bends and Fittings shall have mega lugs" /n addition to concrete kickblocks, including those with tie rods. 2. All double bends shall have mega lugs' between each bend and the connecting spool and on an 18-foot length of pipe each way from the double bend. J. Provide poly-wrop bond -breaker" between dip and concrete. 4. All bends, fittings, and restraint systems shall meet AWWA Standards Rpe STATIC PRESSURE = 250 PS/ TEE OR STA77C PRESSURE - 300 PSI E OR� Diameter BENDS 11-1/4 22-f/2) 45 90 I DEAD END 11-1 44 LLL--- BENDSI 22-1/2I 45 I 90 DEAD END 6" 1.00 1.75 3.50 6.50 I 450 1.50 2.00 4.0-0-I - 7.25 I 5.OL7� 8" 10' 1.50 1 3-.00- 2,25 ' 6.00 11.00 7.75 1.75 3,50 6.75 12.50 I10.2 9.00 4.50 9.00 16.50 I 11.75 2.7 5.25 18.75 13.25 12, ' � 11 128.00 23.25 117550 14" 4 00 75 00 I 22.00 4.50 1 9.00 132.25 I 25.00H I15.00 22 1B" � 6.25 12.50.50 124.50 I 45.25 1 36.00 7.2� 14.50 I�36, --I}- 128..25 15225 1 41.00� CONCRETE THRUST RESTRAINT DETAILS my REPLACE STREET CUTS W17H FABRIC 8 OF BASE 3 OF ASPHALT TO EXIST. ASPHALT EXISTING DIRT OR CITY OF ASPEN ROAD CUT REOUIREMEN75 TO BE SAW CUT TOPSOIL AREA 7YP 3" OF ASPHALT rA 0 0 0 0 0°0 0 0 0 0 0 oao 0 0 0 / o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 / 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 / o 0 0 0 0 0 0 0 0 0 0 0 0 0 / o 0 0 0 0 0 0 0 0 0 0 0 0 0000 0 .0000000000000000 0 0 0 00 0 / 00000000 0 0 0 0 0000 / FABRIC C7E:0 � /STING OR �JRQADWAY B�KFJLL � / " OF ROADBAS£ TRENCH TO BE BRACED OR SHEETED AS NECESSARY FOR THE SAFETY OF THE WORKMAN & THE PROTECTION OF OTHER U77117IES. P/PE DIAMETER MINIMUM WIDTH MAX/MUM W/OTH " _ " _6" 8" -0 18" 2'-6" 4'-0" - ' - BEDDING AS REQUIRED IN SPEC/FICATIDNS 6" MIN. 1) PAVEMENT REPLACEMENT SHALL MEET EXIS77NG THICKNESS AND KING WITH THE FOLLOWING MINIMUMS: ASPHALT SURFACING = 3' MIN., AGGREGATE BASE COURSE = 8" MIN. 2) BASE COURSE ONLY REPLACEMENT SHALL MEET EXISTING THICKNESS WITH THE FOLLOWING MIN/MUMS: AGGREGATE BASE COURSE = 12" MIN. 3) DIRT / TOPSOIL PLACEMENT SHALL MEEET EXIS77NG THICKNESS AND KIND W17H THE FOLLOWING MINIMUMS: 4" TOPSOIL. 4) SELECT MATERIAL AS FOLLOWS: 6" MAXIMUM SIZE IN TOP 12' OF BACKFILL 12" MAXIMUM SIZE IN REMAINDER OF BACKFILL 5) COMPACTION REQUIREMENTS PER CITY OF ASPEN AND C DOT WA TER MAIN TRENCH CROSS SECTION SCALE: 3/4"= 7'-O' PLACE BOX AT AND ACCESSIBLE POINT AT OR NEAR THE PROPERTY LINE PROPERTY 2' 1 _ LINE FINISH GRADE NO. 4 COPPER THAW ELEVATION QN,LID 1/2" BELOWW WIRE BRAZE OR CLAMP TO CORP. ��V TRACER WIRE TO FINAL GRADE I STOP -RUN TO a 4+ W CURB BOX TOP EXTENSION TYPE CURB BOX w/ARCH PATTERN V IMAIN LINE. (SEE DESIGN V I O BASE 7" UPPER STANDARDS SEC N E) § SECTION, PENTAGON HEAD PLUG 1 1/2" &LARGER Q REQUIRES LARGER BASE O� I CORPORATION RT/ON STOP LER -PLACE 1/2 CU. FT OF w/COMPRESSION OUTLET GRAVEL AROUND BOX TYPE K COPPER SERVICE LI-OOERBUILDING CAP. THAW WIRE ' . CURB STOP �- LAY COPPER AT UNIFORM MEULLER TYPE BALL SLOPE PAST GOOSENECK VALVE COMPRESSION TYPE _ 6" OR LARGER DUC77L£ CONCRETE IRON PIPE WATER MAIN BRICK FOR ALL SERVICE LINES PROVIDE SS DOUBLE STRAP EPDXY COATED SERVICE SADDLE (NOT SHOWN) W/SS BOLTS TYP. WATER SERVICE DETAIL �m •Flleswto(?4� Y2t4,LflG05 CITY OF ASPEN WATER DEPARTMENT N07E ALL DETAILS ARE SUBJECT TO ChANGE BASED UPON CURRENT CONSTRUC7701V TECHNIQUES FIELD CONDITIONS AND SOIL CONDITTONS CITY OF ASPEN RESERVES THE RIGHT TO CHANCE OR MODIFY THESE' DETAILS AT ANY TIME. CITY OF ASPEN /S REQUIRED TO BE CONTACTED PRIOR TO USE OF THESE DETAILS 970-920-51ia NOT TO Be USED WITHOUT CITY OF ASPEN CONSENT MIN/MUM VOLUME OF CONCRETE FOR UPPER FITTING VERTICAL THRUST BLOCK IN CU. YDS BEND - ANGLE PIPE SIZE 11- 14' 22-112' 45' 4" 0.2 0.3 0.5 6" 0.3 0.6 1.1 8" 0.5 1.0 1.7 10" 0.8 1.4 2.7 "MIN. 4.0 CU. YDS FOR 12" @ 45' VALVE BOX COVER MARKED 1YATER" MANHOLE CONSTRUCIlON N07ES• 1. Use Rub-R-Nek preformed gasket (2 layers) or grout in place between a// bottom - section, barrel sections concrete grade rings, and top castings. 2. Backfill within 24' of manhole: Closs 2 aggregate or native materials with less than 3' size. GRACE J. Precast rings or metal Hser ring course shall be utilized where required with 2 courses minimum and, 12 courses moximum (2 minimum, 12' maximum height). 4. Grade adjustment as follows: Greater than, or equal to, 1 foot, concrete barrel sections; less than 1 foot, concrete or metal grade rings. 11 5. Finish grade as follows: With asphalt or concrete pavements flush; with base course surface or dirt/topsoil -3' below grade. FABRICATED METAL VENT SCREEN f T4• THREE PIECE C.I. & COVER / NEENAH R-1758-E ADJUSTABLE ` FROST RETARDANT LID VALVE BOX OR EQUAL 7' MIN. 6 3/8" O.D. SCH. 40 12' MAX GALV. STEEL PIPE r I GROUT /N FIELD USE SOLID 6' /- 2' SQUARE NUT BREAKAWAY METAL COUPLING-FIXED LADDERS PER OLP PIPE W/ APPROVAL OHm 1910.27 `R OVER 10' /* REINFORCED CONCRETE 12" MAX GRADE RINGS FOR FINE GRADING AS REQUIRED (6. WALL) - BRICK PRECAST ECCENTRIC CONE, 3' HIGH I- WATER J, PRECAST MANHOLE ;�\ \�� SIN S pS BARREL PIPE LENGTH AS REQUIRED I f1 s=a. - CAD WELD ALL /4 BARS �( JOINTS AND Fi17/NGS J\ 6 SEE CONCRETE GATE - RE4C770N BLOCK VALVE I , ... e' DETAIL - UNSU?ABLE SOILS ONLY TYPICAL GA TE VAL VE WRAP 2-14 EPDXY-COA TED REBAR AROUND BEND / TO ANCHOR TO THRUST BLOCK AS SHOWN ALL FITTINGS TO USE (MIN. 24" LENGTH) THRUST BLOCKS, THRUST RE 7RA/NT AND MEGA LUGS OR EOU L PROVIDE TIE RODS ON EACH SIDE OF BEND. TIE RODS AND PIPE ARE TO BE COA TED AND WRAPPED. CONCRETE THRUST BLOCK TO BE - USED FOR VERTICAL BENDS WITH v AN UPWARD THRUST. USE TABLE i BELOW TO SIZE THRUST BLOCK. / \ ALL RT77NGS TO USE THURST BLOCKS, THRUST RESTR AND MEGA LUGS• OR EQUAL TIE BARS THUS Ft02" 0. C. - TIE TO S. S. STRAP. c.. ,A :,... :..' INCLUDE BOTTOM BAR @ BEND ° IN S.S. STRAP. .. ,�.:..' HOOK '.... MAN 6„ 18� � UNDISTURBED MIN GROUND Sp / BEDDING PROVIDE CONCRETE THRUST BLOCK WITH A MINIMUM BEARING SURFACE AREA AS SPECIFIED FOR HORIZONTAL BENDS. USED ONLY FOR VERTICAL BENDS WITH DOWNWARD THRUST. (VERTICAL THRUST BLOCK DETAIL NTS APCO 145C, COMBINATION AIR VALVE OR EQUAL 2" UN/ON NOTE., ALL SMALL PIPING TO BE THREADED 2' GATE VALVE -` GALVANIZED SCH. 40 STEEL PIPE. 2' CC OR NPT TAP` SADDLE & TAP REQUIRED v°- V u - •. 12" x 12' FOOTER r, y.O° °° ,�,•� REINFORCE W/ J-#4 CONT. (3" cover) N. T.S. NOTES: 1. ALL VALVES ADJACENT TO n777NG SHALL BE FLANGE x Ud, F7777NG SHALL BE FLANGED NEXT TO VALVE. UNE VALVES TO BE M✓ x M✓. - MEULLER VALVES OR PRE -APPROVED EQUIVALENT TO BE USED 2. CURB/GUTTER AND VALLEY PANS. INSTALLED VALVES WHICH CONFLICT WITH CONCRETE AREAS SHALL BE RELOCATED AT THE CONTRACTORS EXPENSE J. ALL JOINTS AND R777NGS 70 BE CAD WEEDED AS RWV I Ag RfpNRtp fp vALY£ 7D lEE-^j - - PUMPER NOZZLE SHALL FACE 1 ACCESS TRAFFIC 0 FLANGE THREE PIECE - AO✓USTABLE VALVE eox F/N. GR40E ELEV. �:': AT BURY LINE CURB & OU77ER EXTENSfON(S) 8%12- DIP WATER MAIN / / \ . • `` �- F007ER (TYP.) 2" NPT TAP FOR APCO 145C COMBINA7ON AIR VALVE PLAN -12 OF 3/4" SCREENED ROCK BELOW PIPE; NOT7F., PIPE COVER AS SPECIFIED P14CE ROCK TO M/OPO/NT OF PIPE. ELEVA TION LOCATE AT ANY HIGH POINT IN THE SYSTEM REGARDLESS OF DESIGN DRAWING LOCATIONS OR IF NOT SHOWN ON DRAWNGS COMBINA TION AIR IVAL VE MANHOLE DETAIL N. T.S _ CR.B TO BE SIZED FOR THE /\ 7 /,� /' / TOTAL REACNON OF BOTH PIPES WATER LINES AT SAME ELEVA7ON ADJACENT WATER LINES IN THE SAME TRENCH 6' OF POLYSTYRENE INSULA7708 (LOCATED ALONG SIDES AND 12' -CLASS 6 PER TRENCH CROSS SECTION" ON TOP OF PIPE) WATERLINE INSULA TION SECTION NO SCALE STAINLESS STEEL CASING SPACER SEAL EACH END OF CASING PIPE WITH W/REINFORCED PLASTIC RUNNERS 10' MAXIMUM WATER TIGHT CASING BOOT BY CASCADE 3 PER CARRIER PIPE BY CASCADE WELDED CASING SPLICES ROADBASE RESTRAINED JOINT PIPE rASPHALT { RESTRAINED JOINT _ _ �- DUCTILE IRON CARRIER PIPE 2 ....................... _.. _............................ _ .._............................... I I CONTRACTOR TO DEFLECT ✓O/NTS STORM GRAIN .� AS REQUIRED TO MAINTAIN M, I I I MN.SEPARA77ON WIND ADD177ONAL HIGH POIN7S OR LOW POINTS I► !0' M! CREA7ED AS NECESSARY 6' FLxMJ NON - "RISING STEM ONE SPACER SHALL BE PLACED NOT MORE THAN 12' yLgX/MU PROTECT DRAIN GATE VALVE I SUBSEQUENT ONE FOOT RSSPACERS SHALL BE PLACEDOM EACH END OF THE IN ATTETEN HOLES-_t4 FOOT INTERVALS WITHIN THE CASING PIPE. STEEL CASING PIPE - BRICKS I (SEE TABLE BELOW FOR SIZE AND WALL THICKNESS) WRAP GRAVEL o W/FIL7ER FABRIC TO KEEP FINES ' OUTS/ MJxFL .•?�'..., TEE N. UNDISTURBED SOIL --� : , •: -� CONCRETE • • '; REACTION BL BLOCKS 1/2 CU.YD. OF 1/2" '-PROVIDE TWO 3/4" CDR -TEN SEE CONCRETE COURSE GROVEL TIE RODS EYE BOLTS & NUTS REACTION BLOCK DRAIN MATERIAL AT ENGINEERS REQUEST DETAIL NOTES. • 1) ALL JOINTS FROM MAIN TO HYDRANT SHALL BE MEGA -LUGS, (TIE -RODS AT ENGINEERS REQUEST AND 7HRUST BLOCKS TEE TO BE UJ X FLANGED GV TO BE FLANGED X MJ 2) HYDRANT, VALVE AND FITTINGS TO BE 250 P.SI. RATED. 3) POLYETHYENE WRAP SHALL COVER D.I.P. ASSEMBLY FROM HYDRANT BASE TO WATER MAIN. (1N DRAIN AREA ONLY) 4) ALL HYDRANT LEAD PIPING TO BE 6" D.I.P. 5) CENTERUNE OF HYDRANT TO BE PRE COA FIRE DEPT. FROM BACK OF CURB OR EDGE OF SHOULDER UNLESS 07HERWISE NOTED. 6) MEULLER F7RE HYDRANTS TO BE USED 7) THRUST RESTRAINT IN STRUCTURE BY MECH. ENG. PROVIDE STABILIZED AND WATERPROOF SEAL AROUND PENETRA77ONS THROUGH STRUCTURE. 8) CAD WELD ALL JOINTS AND FITTINGS FIRE HYDRANT ASSEMBL Y INS TALLA TION DETAIL NOT S 1. SEE PLANS FOR CASING LENGTH AND LOCATION 2/3 PENETRATION (MIN.) 1" MAXIMUM CLEARANCE STEEL CASING PIPE 1 CARRIER PIPE BELL OF CARRIER PIPE STAINLESS STEEL CASING SPACER W/REINFORCED PLASTIC RUNNER _ SEAL EACH END OF CASING PIPE WITH O. WATER TIGHT CASING BOOT BY CASCADE 1" CLEAR (MIN.) FROM 60' INV. OF CASING PIPE PIPES TO O.D. OF CARRIER PIPE BELL END VIEW CARRIER PIPE CASING PIPE MINIMUM NOMINAL DIA. NOMINAL DIA SKID MIN. WALL THICK. SIZE _ 24" 1 4 - PER MANUFACTURE _ 36" 1 4" PER MANUFACTURE 8" 18" 1/4" PER MANUFACTURE CASING PIPE DETAIL TIE RODS AND CLAMPS EW WATERLINE INSULATION FOR WATERLINE (SEE INSULATION SECTION BELOW) ELEVA TION WATERLINE/CUE EVERT CROSSING NO SCALE USE SOILD SLEEVE COUPUNCS REPLACE WITH C-900�_ lF DAMAGED \T /F£RNCO TYPE NOT ALLOWED SEWER / 10' ' "1 �►� O_�-COMPACTED ROADBASE MAT£RAL CONDN70N #1: NEW WATER MAIN BELOW EXIST. SEWER MAIN HEAVILY COMPACTED CENTER 1 FULL JOINT IMPORTED OR NATIVE MT'L O OR LEAN CONCRETE WATER REPLACE W17H 0-900 IF EXPOSED OR DAMAGED _ USE SOILO SLEEVE COUPLINGS SEWER O FERNCO TYPE NOT ALLOWED- CON0I770N #2.• NEW WATER MAIN LESS THAN 18" ABOVE EXIST. SEWER MAIN 1) SEWER/WATER UNE TO BE CONSTRUCTED OF ONE ✓DINT {18' MINIMUM) OF C-900 PVC, OR-18 PIPE, CENTERED ON SEWER/WATER UNE FOR PERPENDICULAR CROSSING. FOR SKEW CROSSINGS, USE 0-900 PIPE UN77L HORIZONTAL SEPAR4770M EXCEEDS to' 2) SEE ACSD DETAILS AND SPECIRCARONS FOR AD01770NAL INFORMAAON ON WATER AND SEWER LINE CROSSINGS WA TER / SEWER CROSSING CITY OF ASPEN WATER DEPARTMENT � L- ALL WATER LINE EXTENSIONS STANDARD DETAILS FOR WATER LINES McLAUGHLIN ill P AABC ASPEN CO 81611 PH. 970-925-1920; Fax 970-925-1974 RINCON LTD. email mweaspen®rof.net DESIGN: GDD DETAIL: GDD CHECK: GDD PROJECT NUMBER ALL DEVELOPEMENT DATE: JANUARY 2005 DRAWING NUMBER D-1 6 0 0 ri • 0 Bd =MAX. TRENCH WIDTH --{ -{ B MAX TRENCH WIDTI�I� d = I — TRENCH BACKFlLL HAND TAMPED IN 6' LIFTS i LIMIT OF SLOPING O' ENECH HWAU SING F 1/4' B, 6' MIN. '✓\ / ✓/ / RUSHED ROCK BEDDING MAIL _ _ .•O - (3/4- MAX SIZE) e- HAND TAMPED IN 6" LIFTS . -• • ' Olk ' - _ ' _ ' • '- O _- B� = PIPE OD — /\x�/ FIGURE 1 1/4' B, a• MIN. 15" DIA. & SMALLER BI. PIPE OD 1 FIGURE 1 & FIGURE 2 FIGURE 2 IDEAL TRENICH CONDITIONS 18" DIA. & LARGER ; NAND TAMPED BACKFlLL (TYP:) \ �— FOR SIZES 18' AND LARGER - 1/4" B� , 6" MIN. o 3/4' GRAVEL ONLY FIGURE 3 ROCK EXCAVATION SUB DRAIN (6- DIA MIN.) - _ - 1/4 4" MIN. r A N j/ O CO OO 00 O oo 0 ' 1" TO 1 1/2- ROCK 6" MIN. co 0 0 00 \� 00 CO CO O V\ T- LARGE STONES BROKEN CONCRETE, ETC. IF REQ'D FIGURE 5 SUB DRAIN NOMINAL MAX. TRENCH WIDTH AT DIAMETER A POINT 12" ABOVE PIPE 33" & SMALLER Ph = O.D. + 16" 36" & LARGER %= O.D. + 30" FIGURE 4 NOTES: UNSTABLE SUBGRADE 1. BELL HOLES SHALL BE EXCAVATED AT • CONDITION ALL BELL & SPIGOT JOINTS. CLASS "B" BEDDING REQUIREMENTS WATER OR SEWER MAIN (TYPICAL REQUIREMENTS) N.T.S. LIMIT OF SLOPING OR BENCHING OF TRENCH WALLS NOMINAL MAX. TRENCH WIDTH AT DIAMETER A POINT 12" ABOVE PIPE 33" & SMALLER 8d = O.D. + 16" 36" & LARGER Bd = O.D. + 30" Bd =MAX. TRENCH WIDTH --{ /— DENSITY COMPACTED BACKFlLL B�Ir..'I FIGURE 1 SHAPED SUBCRADE NOTES: 1. BELL HOLES SHALL BE EXCAVATED AT ALL BELL & SPIGOT JOINTS. 2. CLASS "C" BEDDING MAY ONLY BE USED UPON APPROVAL OF CHIEF ENGINEER OR HIS APPOINTED REPRESENTATIVE. =MAX. TRENCH WIDTH DENSITY COMPACTED BACKFlLL UMIT OF SLOPING OR BENCHING OF TRENCH WALLS COMPACTED — GRANULAR MAT'L SHAPED TO FIT BOTTOM QUADRANT OF PIPE NOMINAL MIN. d DIAMETER 18" & SMALLER 2" 21" TO 36" 3" 42" & LARGER 4" r1/6 BC L f -T BC - PIPE OD I—�I FIGURE 2 GRANULAR FOUNDATION CLASS "C" BEDDING REQUIREMENTS WATER OR SEWER MAIN (USE ONLY W/ENGINEER'S APPROVAL) N.T.S. CHANCE IN PIPE SIZE JUNCTION MM ALIGNMENT CHANGE N-SEAL FLEXIBLE CONNECTOR SHAPED f 24" OPENING . (ORIENT OVER TYPICAL IN`.".. - REFER TO ASPEN SANITATION SPECIFIECATIONS FOR ADDITIONAL OPTIONS KOR-N-SEAL FLEXIBLE CONNECTOR MANHOLEISEAL, GROUT SEAL NOT ALLOWED WORDS "STORM SEWER" I O ON COVER ERT ELEV. M SET FINISH GRADE: 24"C.I. M.H. ASPHALT d HOWN ON (PROFILE IN PAVED AREAS RIM TO BE SET 1/2" RING & COVER BELOW GRADE WITH 1 1/2" GRADE RING. WITHIN NON -PAVED TRAVEL AREAS, 3" goo' BASE COURSE BELOW GRADE. IN NON -PAVED NO TRAVEL `3>0 0 d 4 AREAS, 4" TO 8" ABOVE GRADE. 181, fAX. O 4 INVERT ELEV. Q O 3 REINFORCED CONCRETE GRADE SHOWN ON PROFILE 9" RINGS (MIN.) W/6" WALL g" 24" AST IRON OR ALUM. INVERT ELEV. IN SHOWN ON PROFIL 0.2 MANHOLE STEPS, POSITION DROP THRU MANHOLE OVER SHELF IN VERTICAL 36" LINE AT 15" C—C MAX. SECTION ECCENTRIC CONE REINFORCEMENT (ASTM-C 478) PRECAST CONCRETE SECTIONS VARIABLE 4'-0 DIA. FLEXIBLE PLASTIC SEALING COMPOUND (RAM-NEK) OR PIFE ID. MANIIGLE ID. 18" & SMALLS 21" TO 36" 4'-0" 5'-0" 12" -0 DIA. EQUIVALENT AT ALL JOINTS _ NOTES: SLOP 2" PER 1' 5" 1. MANHOLE BARREL MINIMUM DIAMETER SHALL CONFORM TO TABLE. O.D.{ + 2- (MIN) 2 VTRANSITIONSERTS MUST BE SHAPED OR FORMED Q. PRE CAST CONCRETE BASE FORCSM OTHRETE 3 "' d.... 3 3. THE MANHOLE STEPS SHALL BE M.A. INDUSTRIES P.S.-2- P.F. ( OR APPROVED EQUAL) Q'... „ .q 3" MIN • .. - - . - -114, ............ Q.. ON OUTLET 4. PRECAST SECTIONS TO CONFORM TO ASTM C-478. 8" MIN. I I 5. ALL GROUT SHALL BE MIXED WITH TYPE V NON -SHRINK CEMENT. 6. MANHOLE EXTERIORS SHALL BE SEALED WITH 8" MIN. 2 COATS OF 'OAL-TAR EPDXY. i — 8" MIN. T 7. MANHOLE EXERIORS SHALL BE SEALED WITH 2 COATS OF 'LEAR EPDXY PAINT (RHOPLEX AC-630 OR APPROVED EQUAL). PLACED ON 8 INCHES BASE REBAR- #4 ® 12" OC 1-1/2" SCREENED ROCK EACH WAY, 3" CLEAR FROM 8. ALL STUBS SHALL BE EXTENDED A MINIMUM OF 2' WITH LEVEL SUBGRADE COMPACTED GROUND FROM THE MANNHOLE BASE AND CAPPED TO 95% STANDARD PROCOTER 9. PIPE GASKET REQUIRED AT MANHOLE WALL. TYPICAL PRE -CAST CONCRETE MANHOLE AND BASE N.T.S. FINISH GRADE FULL BODY WYE FOR NEW CONSTRUCTION WYE SADDLE FOR EXISTING SEWER MAIN \ MIN. GRADE 2% (1/4" PER FOOT) 46' BEND STAINLESS STEEL STRAPS FOR SADDLES (2 EACH SADDLE) STEEL POST DIRECTLY OVER PLUG, PAINT GREEN REMOVABLE STOPPER IF SERVICE TO BUILDING IS NOT IN PLACE SEWER LINE CONNECTION AT SEWER MAIN N.T.S. NO.1 DATEI REVISION I BY ASPEN, COLORADO ONNER CABINS AND LOFT SEWER DETAILS SOPRIS ENGINEERING, LLC. IVIL CONSULTANT 502 MAIN STREET, SUITE A3 DES. SJO CK. YTN FILE NO. SHEET 6 CARBONDALE, CO 81623 26054 25054SITE1 (970) 704-0311 DR. SJO DATE 5124105 25054 OF 6 0 0