HomeMy WebLinkAboutcoa.lu.co.534 E Hopkins Ave.0041-05
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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 CONDOMINIUMIZATION
REPRESENTATIVE JOSEPH E EDWARDS 925,8700
DATE OF FINAL ACTION 6/6/2005
CLOSED BY Denise Driscoll
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L"t N.... jAuSTIN lAWRENCE PAR iJ F,.t Name
Phone 11970192lJ.49SB 214
314 S GALENA ST
PEN CO 81611
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fKL"l:IN, COTE & EDW ARDS,-r:Cl
ArrORNEYSATLAW
HERBERT S. KLEIN
LANCE R. cort, PC.
JOSEPH E. EDWARDS, III, LLC
MADHU B. KRISHNAMURTI
hsk@kcelaw.net
Irc@kcelaw.net
jee@kcelaw.net
mbk@kcelaw.net
June I, 2005
201 NORTH MILL STREET, SlE. 203
ASPEN, COLORADO 81611
lELEPHONE: (970) 925-8700
FACSIMIlE: (970) 925-3977
. also admitted illCalifomia
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 9:00AM 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.
AGREED AND APPROVED REGARDING THE P ING "OFFICE" USE
CITY OF ASPEN COMMUNITY VELOPMENT DEPARTMENT
4,
5,
6,
7,
8.
9,
10,
II.
MEMORANDUM
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:
On Sheet I, remove "Land" from title, J /
On Sheet I, amend legal description to identify that these are 3 V
separate parcels of land and list their separate legal descriptions,
Subdivision approval would be required to consolidate the parcels into
one parcel.
On Sheet I, please remove proposed property comers (pins) since this /
is a condominium plat rather than a land subdivision plat.
On Sheet I, please amend plat note 6, sentence 4 to read as follows: "
Declarant reserves for itself and future owners of the Cabin Units, theV
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."
On Sheet I, please clearly label what is to be limited common element tI
and what is to be general common element.
On Sheet I, label the "area" under land use summary to say "area of ../
limited common elements".
On Sheet I, remove sheet 2 from the index of sheets. -/
On Sheet I, please change City Engineer's signature block to read V
Community Development Engineer.
O~ Sheet I, please inclUl;lr cap numbers of all monuments that you are
tymg the property to, -/VO -:if'3-
Please remove Sheet 2 from the package since this is a condominium
plat of existing improvements only.
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
1.
2,
3,
of$21.00 (payable to the Pitkin County Clerk and Recorder) is due
upon submittal of the mylars to the Community Development
Department.
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ATTACHMENT 2 -LAND USE APPLICATION
ApPLICANT:
Name:
Location:
~~ft"'-t La.....,.u-.-'-<.. Cc""H~.LLe..... - ~HflU Ca4.~s c.,~
1>l..c..lc.. "7 ~ Q (2.S t.' 6...1' 7. <; ( ,,-f P
(Indicate street address, lot & I k number, legal description where appropriate)
ParcellD # (REQUIRED)
REPRESENTATIVE:
Name:
Address:
Phone #:
_'73J-{);L 3,:$/, aJ;'1/0U t/c)?')
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-z,.r N. jII.(;l(I#Z."'} ~if~-
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PROJECT:
Name:
Address:
Phone #:
TYPE OF ApPLICATION: (please check all that apply):
,
(",/o1./,f,I" C "t..n, So
D Conditional Use D Conceptual PUD D Conceptual Historic Devt.
D Special Review D Final PUD (& PUD Amendment) D Final Historic Development
D Design Review Appeal D Conceptual SPA D Minor Historic Devt.
D GMQS Allotment D Final SPA (& SPA Amendment) D Historic Demolition
D GMQS Exemption D Subdivision D Historic Designation
D ESA - 8040 Greenline, Stream ft Subdivision Exemption (includes D Small Lodge Conversion!
Margin, Hallam Lake Bluff, condominiumization) Expansion
Mountain View Plane
D Lot Split D Temporal)' Use D Other:
D Lot Line Adjustment D Text/Map Amendment
EXISTINGCONDITIONS: (description of existing buildings, uses, previous approvals, etc.)
3, k; -fw,' l. Ca fo:"-~
PROPOSAL: (description of proposed buildings, uses, modifications, etc,)
I CA>~~t~I"'-"'I~-=X~
Have you attached the foDowing?
D Pre-Application Conference Summai)'
D Attachment #1, Signed Fee Agreement
D Response to Attachment #3, Dimensional Requirements Fonn
D Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
All plans that are larger than 8.5" x 11" must he folded and a floppy disk with an electronic copy of aD written
text (Microsoft Word Format) must he submitted as part ofthe application.
FEES DUE: $ C;-'/-h cP:-
RETAIN FOF "'r:RMANENTRECORD
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CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT
A2reement for Payment or Citv of Asoen Develooment AooHcation Fees
CITY OF ASPEN (hereinafter CITY) andb,>",..} 1_.Jrw(UtN'c...c tAJ i'INIJ'I(.} L-L-C-.
(hereinafter APPLICANT) AGREE AS FOLLOWS:
/' _ I. APPLICANT hassuhmit
<--e AJOu.../ tv I "'f"l/1,.. (cJ
(hereinafter, THE PROJECT).
d to CITY an application for
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 to a detwination of application completeness, APPLICANT shall pay an initial deposit in the
amount of $ 5<f("" .....-.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:
Julie Ann Woods
Community Development Director
Mailing Address:
VI ('J. f4i(f,J(FlP:5
AU I i.> ?'(G,11
g :\supporl\forms \agrpayas.doc
1110/01
~~ iAiN C:",!~ PERMANEI'IT RECORD
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May 23, 20051
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, 2005 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 1112001.
Conclusions
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.
Existine: 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.
1502 Main Street. Suite A3 . Carbondale, CO 81623 . (970) 704-0311 . Fax (970) 704-0313 I
SOPRIS ENGINEERING · llC
civil consultants
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"
Michael Noda
SE Job No, 25054,01
May 23, 2005
Page 2
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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,
Drainaee 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.
Drainaee Desil!I1 Criteria
The drainage design hydrology is based on the runofffrom 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 V,S, Weather Bureau Technical Paper No. 25-40 for the applicable
design storm. The I-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.vear storm Intensitv (in/hr) I lOO-vear storm Intensitv (in/hr)
1.5 0,76 i 1.41
TOTAL RAINFALL (in) 1.14 I 2.12
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Michael Noda
SE Job No, 25054,01
May 23, 2005
Page 3
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Drainal!e Sub-Basin:
Pre-Development
Surface REA
Basin SF
IMPERV,PAVE 427
IMPERV,ROOF 3875
PERVIOUS 5478
TOTAL 9780
AREA
AC
0,01
0.09
0,13
0,22
AREA
%
Rational
Coefficient
0.9
0,9
0.35
Post-Development
Surface REA 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
4.37
39,62
56,01
100,00
Wei hted Rational Coefficient
SURFACE AREA C PRODUCT
PAVEMENT 0.01 o.g 0,01
METAL ROOF 0.09 0,9 0.08
NATIVE LAWN 0,13 0.35 0.04
TOTAL 0.22 0.13
Wei hted Rational Coefficient
SURFACE AREA C
PAVEMENT 0,02 0,90
METAL ROOF 0,18 0.90
NATIVE LAWN 0,03 0,35
TOTAL 0.22
PRODUCT
0.01
0,16
0.01
0.19
Cw
=
0,59
Cw
=
0,83
Runoff Calculation
Design Flow rates based on the rational method using minimum time of concentration of 10 minutes:
Q=CIA Tc=lO MIN,
Pre-Development C I(inihr) A (ac) Q (cfs) Post,Development C I (inihr) A (ac) Q (cf,)
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 DEVELOPMENTQ (efs)= 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 1) 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.
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Michael Noda
SE Job No, 25054,01
May 23, 2005
Page 4
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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,L
Design Engineer
Yancy Nichol, P.E.
Principal
....-..~.
~N, COTE & EDWARDS, iCl
ATTORNEYS AT LAW
HERBERT S. KLEIN
LANCE R. COTE, PC.
JOSEPH E. EDWARDS, III, LLC
MADHU B. KRISHNAMURTI
hsk@kceJaw.net
lrc@kcelaw.net
jee@kcelaw.net
mbk@kcelaw.nel
May 25, 2005
20] NORTH MILL STREET, STE. 203
ASPEN, COLORADO 816] ]
TELEPHONE: (970) 925-8700
FACSlMILE: (970) 925-3977
* al,oadmined 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, I 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,
/hills\conner\llindt Itr
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CONDOMINIUM DECLARATION
OF
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
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TABLE OF CONTENTS
ARTICLE I
STATEMENT OF OOENT AND PURPOSE
1,1 Authority,.., ...".,....".",.".."..", '..,'..", ...,..,....,...,...".,.",..".."..,."".""".. ....,..,...."..,.,.",."" I
1.2 Declaration: Covenants R!!Il1linll: with the Land ....,.......................................................... 1
1.3 Puroose: Develooment Reltime: M!!Ximum Number of Units .....................,............,......, I
ARTICLE 2
DEFINITIONS
2,1 Allocated Interests ......."..."..,.......,.......,...,."......,.,...,.."........,....,..,.."..".".,......"."..,., ..,... 2
2.2 Articles or Articles ofIncorooration ...,............................................................................. 2
2.3 Association......,..,.. ....." ..."...,.., ......"... ,....,."." ...,......,."... ,....,..,..,..,...,..,.",..,.".., ... '..,...,... 2
2.4 Board or Board of Directors .........................................,...........,................................,....... 3
2,5 Building ,......,..,.........,...,."....,.",...,.......,.,..."."...,...."...,........"....,..,...,...,.",......."..,.." ...". 3
2,6 Bvlaws ..,."..,...........,',."..".."........"....."."...,.,....,,..."..,',...,....,.......,...,..,..",....,...,.,.".,...". 3
2,7 Cabin Unit ."..,...,..,..,.....,"""...,...."...".,.".....,...."...',.."...."..".".,..,...,..,..."", ......,..".,."." 3
2.8 Common Elements .".....,..,',...,....,......,...".......,.."..."..",..."..,,..,..,.,....,.,....."......"..".,.,.." 3
2.9 Common Exoense or Common Exoense Liability ...................................,..........,........,..., 3
2.10 Condominium Laws .,..".."..,',."......,',......."......"........."...,..",..,..,.,..,',.,."...,..,.",..",.,.,.", 3
2.11 Condominium Mao or Map ............,.........................................,.........,.,........................... 3
2.12 Condominium Prooertt ......."..,......,......" ,.".".,',...."..."..",..",..,..,.,.",..,..,.".., .,",..",..,.,.., 4
2,]3 Condominium Unit or Unit ........................,.............................,.........,..............................4
2.14 Declarant ....,....."..,..,..,...,...,',..,....",....".....,....".,..."...,,...".."..,...,...."...,." ,..,....."..,...,..... 4
2,15 Declaration or CondOminium Declaration ...........................................................,.....,...... 4
2,16 Develooment Ri!!bts and Soecial Declarant Rights ......,........................,.......................... 4
2.17 First Mortll:age .,...,..,.".,..,",..".."..,...",......".."", ..,,'., ..,...."..,...,..,...,."...,.,..".,...",."",."." 4
2,18 First Mortll:all:ee .....,..".....,...."....,..."",...",..., ',...."..,.,.,...,',."...".,..,...,.,.,.,.....,...",...",.,'." 5
2,19 General Common Elements ..,...................,..............,............................................,........... 5
2.20 Imorovements ',."........"."...,',.."....""..........,..".,.""".",.."...,..,',.,",..,..",.".",.,.,."...,.".,.., 5
2.21 Land ',.."..,.."..,.".....,...,.,....",...,...,.."....,.,......"...,",..."..."..." '.,'." ",.".",.,.."", ,.,',."",..".. 5
2.22 Limited COmmon Elements ',..".....,',...,',...,....,..."",..,...."...,.."""..,..,..".".,."...."""".."., 5
2.23 Loft Unit ."."............,....."..."..."....."....",...,..."...".,,...,....,..."."...,."..,...,..,..",...,."."",.".. 5
2.24 Marketinll: Period ....,..,..,...,",.,',.,....,..""..,.....".."""..."..",..".,',..,."..,..",.,....".,.",..,.....,.. 6
2.25 Mortll:age ,.,.,..,......,.,...,."..,',..."..".....""....."...,.,..""...,...,.......",..".., ',...".,.,."., ,..".."",.", 6
2.26 Mortll:all:ee ,....,..,.,',..,.".,..,',...."..,......"".,.,."..,.....""...,...,.,...., ..,.."..,..,.,',..,.."",..".."."..., 6
2,27 Owner ,...,.".............,.....".",...",..".......".....",."..".,',...,',...,....,.".."..,..,....,..,..",.".."", ..,'., 6
2,28 Project,..".".,..,., .......... ,.".,',...",.,.,.......",.. '.".., ,..".,""""..",.....",."..,.., ....,.."..",.",."",..". 6
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ARTICLE 3
ESTABLISHMENT OF CONDOMINIUM OWNERSIDP
3,1 Condominium ,..,.".....,.."...",.,..""".." ','.,..,..." ',.,.,.,..".."."".",..""..",.,...", ,'..,'., ,.."""."" 6
3,2 Use of General Common Elements .............,...............,..,...................................,........,...., 6
ARTICLE 4
INSEPARABILITY OF A CONDOMlliIUM UNIT
4.1 Inseoarabilitv of a Condominium Unit ,...,..........,...,...,.......,.............,............................... 6
4.2 Inseoarabilitv of a Ril!ht to Construct Residential Buildin!!: on a Loft Unit ...............,...,.7
4.3 Inseoarabilitv of a Ril!ht to Construct Cabin Buildin!!: on a Cabin Unit ........................... 7
ARTICLE 5
CONDOMlliIUM MAP
5, I Filin!!: of Map ..,.,.,...,...,...,",.""..,.."".....,...,.."..,..,.,.., ",.,."."..."".""..." """.. ,.".,.., ".""." 7
5,2 Certification of Map ,.....,.,"',..".......,.".,.,..,....",.,.".,.".",."...,.."",....,...,.. '..,., ,...", ,..,.""... 8
5.3 Suoolements ofMao for Loft Units and Cabin Units ........................................................8
ARTICLE 6
DESCRIPTION OF CONDOMINIUM UNIT
6.1 Le!!:al Descriotion of Condominium Unit ......................................................................... 8
6.2 Condominium Unit Boundaries ..............................,......................................................... 8
6.3 Amendments Deemed Included .....,.......................................,......,................................... 8
6.4 Convevance ofa Condominium Unit .....................,.................,........................................ 8
6,5 Subdivision of Condominium Units ................................................................................, 9
6,6 Relocation of Boundaries Between Adioinin!!: Units ..................,..................................... 9
ARTICLE 7
lTILE AND OWNERSHIP
7,1 Title..,...,.,....,....."....,..."..,.",..".., ...........".",..,......".,.,."...".., ...,'.., ,."..."..."..."",.,.,.,.".", 9
7.2 Term ofOwnershio ..,...,",..,",..,',.............,..,...".....,..",."."".."..,',..."...."..""..........,."", 10
7.3 NonoartitionabiIitv of Common Elements ........,................................................,..........., 10
7.4 Transfer of Common Elements ....................................................................................." 10
ARTICLE 8
USE AND OCCUPANCY
8,1 Use of Common Elements ...........................................,................,................................, II
8,2 Use of General Common Elements ..................................,.............................................. I I
8.3 General Use Restrictions ..............................................,............................................ 11-12
8.4 No Timesharing ',.,.,',.,',.......,...""..,...""...,."..."."" ',..,.,..,',...,.,',.....",.",..,.".,..,..,.,.,.,.,.. 13
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ARTICLE 9
EASEMENTS
9,1 Encroachments ............. .................,..................., ............ ..... ....... ......... .......... '....., .......,... 13
9,2 Marketabilitv...,..."."..,."",.,......."..."..,.."..,.,.."..."......"..,.,."...""."."...",..,...,..,...,..",.,. 13
9.3 Liabilitv...,..".,.,...,..,..".,.,...,...,...".",.."..".,....".."""",.,.".,.,......"..,.."."",..,...,...""..",... 13
9 A Variations,..,."..."..,..,..,.....,..." ,...,"',..,.,",.,.,..,.,"',."."".""."..",.,.,..."...",..,...,.,.,..,.",.,., 14
9.5 Emer!!encv Services Easement ................................,....................................................... 14
9,6 Utilities Services and Maintenance Easements ..............,................................................, 14
9,7 Additional Easements ..............,.....................................................,...,............,.....,.......... 14
9,8 Ril!ht of Access .......................................................,...............................,......................., 14
ARTICLE 10
EXTERIOR MAINTENANCE. SPECIAL EASEMENT AND ADJACENT WALLS
10,1 Exterior Maintenance ..".,.,......,..,',..,."...,...,..,.,...."...,.,.,..,..,.,......',."..."",.",....,..,.." ,'.", 14
1 0.1,1 Unit Exterior Maintenance ........................,.......................................,................. 15
10.1.2 Association's Ri!!ht to Grant Owners Maintenance Resoonsibility .................... 15
10.2 Soecial Easement ...,........................................................................................................ 15
10.3 Maintenance Contract .........,.................,...................,....................,..,...."....................... 15
lOA Owner's Resoonsibilitv .............................,...............,..................................................... 15
10,5 Owner's Failure to Maintain or Reoair .....................,..................................................... 16
10,6 Adiacent Walls: Suooor! ..............................,........................,......................................... 16
ARTICLE 11
ASSESSMENTS AND TAXATION
11.1 Seoarate Assessments and Taxation - Notice to Assessor .............................................. 16
11.2 Assessments and Taxation .............................................................................................. 16
ARTICLE 12
CONDOMINIUM OWNERS ASSOCIATION
12,1 The Association .........,...,....,.."......".........""..............,.......,."...".....".".....,..,. .,.".,.,." '" 17
12.2 Membershio ",..,.,..."..,..,........,......."....""...................,...,...,......"", .."."...........,.".,.,."." 17
12.3 Volin!! Ri!!hts .........,...........,.............,...............,.............................................................. 17
1204 Transfer,........."."."..".."..,...."..,....,..,..".,.""..... ....,..."..."."....."""..,.."..."", ,."."...""." 1 7
12.5 Vote bv ProXy ................................................................................................................. 18
ARTICLE 13
PURPOSES AND POWERS OF ASSOCIATION
13.1 Nonorofit Puroose ..,",."."..,.",.,.......""".""... "."..",.."...." ....".""", .."..""..."" ,.".,.,."." 18
13,2 Association Powers ,,' ",.",.,'.", "...,...".....",....." ',..."..",.,."..,." '""..,.."."""""" ,."....",.., 18
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13,3 Limitations on Association's Powers During the Marketing Period .....................,......... 19
13.4 Association As Attornev-in-Fact ..........,.......................................................................... 20
13,5 Owner Como1iance .............................................,......................,..................................., 20
13,6 Maintenance of Common Elements ............................................,.................................., 20
13.7 Design Review ...........................................................................,.........,..............,....,..,.., 21
13.7.1 No Change in Prooertv Without Aooroval ........,..........,........,..................,......... 21
13,7,2 Definitions and Restrictions ...............................,................................................ 21
13,7,3 Landscaoing ,..,..,....,.,...,....".",...",.",...."",.,.".,.,.".,,..,....,....,."."... ,. ,.".".".",'." 21
13,7.4 Board of Directors and Aooroval of Plans ..................,......................................, 21
13,8 Other Duties of the Association ...........................................,.....................................,..., 22
ARTICLE 14
MAINTENANCE RESPONSIBILITY FOR UNIT
14,1 Owner's ResoonsibiIitv .....,',.,.,.....,..."....",.."".."",.,...,.,.."...".",'.,.."... """..,.".,'.., ,,'.,., 23
14,2 Owner's ResoonsibiIitv for Tenant's Conduct ........,..............,.....................,.................., 23
14.3 Owner Remodeling .,..,..,...".,.,',...".,."..."".""..."".."..,....,..,..,...,'...,.., ,.."..,.." ",..,.,.".", 24
14.4 No Imoairment of Structural Soundness ...........................................................,..........., 24
ARTICLE 15
BOARD OF DIRECTORS
15,1 Board of Directors ',..,..,..".."..,........,..""".",..""......".,..,.......,..,,...,."..."..,.......",.,.".".,. 24
15,2 Manlll!ing Agent ,.,'......,.",..".., ',..,...,.."......,.,.,',....,..".,.....,....,.."...,."...""".,..,...,..,.,..,." 25
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 Marketing Period .............,..........................,.............................., 26
15.7 Removal of Board Member ,............................................................................................ 26
15,8 Delivery of Association Documents ....,.............,....................,....................................... 26
15,9 Limitation of LiabiIitv of Certain Persons ..,.....................,............................................. 27
ARTICLE 16
ASSESSMENT FOR COMMON EXPENSES
16,1 Obligation,............,...,.."."..",...,...."..,. '..."..." .....,"',...,..,."...,.,."...,."..",..."".".",.",.,." 2 7
16.2 Ao.,portionment .....,..."..,..,..."......,.."."...,."...",.... "",...,",......,..."...,..,..",.....",.,...,.."."" 27
16.3 Purnose of Assessments ..,..."....,....,..".,"'"...,......"",....,.,..,...,...""",.,..",.,...,...,..."."..,., 27
16,4 Excess Assessments ....,.,',..,',..,.,....,..,.."",....,.,...""",..".".,...,.., ,., ,.., ".."..,..".. ,'..."."",., 28
16,5 Interest ,..,.......,...."..."..,."...,..."."......,.."..,..".., .."""., .." ", "..,'." ,.. ",' "..".. ',."".,...""" "" 28
16,6 No Waiver or Abandonment ...............................,........................................................... 28
16,7 Benefit of Class of Owners ......................................................,.................,............,....... 28
16.8 Misconduct: Negligence ,.",..",.."...."..",.... ,..,.."""",.",."."..., ,.."..".".",..."",.""""".", 28
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ARTICLE 17
INTENTIONALLY OMITTED
ARTICLE 18
COLLECTION OF COMMON EXPENSES
18,1 Assessment Lien ...,.,",..."...".,.......,..,..",.."..,...,.".,."...".",.."."..,..",.".."..,.."""..., ,.,.,., 29
18,2 Effect ofNonoavrnent of Assessments ..........................,....................................,........... 29
ARTICLE 19
INSURANCE
19.1 Insurance Reauired ."...,',....,.."..,...,..".,.....".".."....,...,.......",.,.",...,....,.."..,., ,..".....,.,.,.. 30
19.2 Cancellation of Insurance .,.,..."..,..................".",.".,.."....,.."..,..",."......."..... ,..,.....,..,'.,. 30
19.3 Soecific Provisions .., ..........".., ......,....,.......,.".. '....,..,." ....,.., ......,',..,....,...,...,.."..,...,....", 3 0
19,4 Adiustment of Claims .........,.........................,.........................................,.....................,.. 31
19.5 Owner's ResoonsibiIity for Insurance .......................................................................,......31
19,6 Certificates of Insurance ",...."........"..,...".......",..".,."...,.."...,..,..."....."..,.".. ",'.,.,."..,.. 32
19.7 Damal!e Reoair ,..."...".....,...."..,.......".,..."...,...",.."..."..."...".., "", ,......"..""....".,.".,.,.,. 32
19.8 Fidelity Insurance ...."...."....",."..,.......,."..."......,.", ,.."..."......,."",." '...,., "..,..."..,..,.,.,." 33
19.9 Insurance Premiums are Common Exoenses ....,............................................................. 33
ARTICLE 20
INTENTIONALLY DELETED
ARTICLE 21
CONDEMNATION
21,1 Total Condemnation ,...,',..,"',..,......"."...,...",.""...",." '" ..".."..".",..".."..",..,...",.".,..,." 33
21,2 Partial Condemnation .,",...",...,......"."......",..,." ,.."...,.".."..".."."".".."."", ....."..,.".".,. 33
21.3 Condemnation of Common Elements .................,............................,.............,................. 34
21.4 Recordation of Decree ...................................,...................,....,.....,.,.............................., 34
ARTICLE 22
STATEMENT OF ACCOUNT
22,1 Statement of Assessments ..............,..........................,...................................................., 34
22,2 Grantee and Grantor Both Resoonsible ................,...,.......,...........................,................, 34
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ARTICLE 23
TERMINATION OF MECHANICS LIEN RIGHTS AND INDEMNIFICATION
23.1 Mechanics Liens ..........................................................................,.........,........................ 34
23.2 Indemnification ",.".,...."" ",."'..,..,..,,.., ..".,.".,.".."",.."".." ....", ""'..,, ,'., ""., ".""" "'..",, 35
ARTICLE 24
MORTGAGING A UNIT - PRIORITY
24,1 Encumbrances ...,',..,."...",..,..,......."."...,....,... "...""..."".."..,..,.., ,'..,.,'..,.,.",., ".".,.,."..", 35
ARTICLE 25
PROPERTY FOR COMMON USE
25,1 Association Prooerty ,...................................................................................................... 35
ARTICLE 26
DEVELOPMENT RIGHTS. SPECIAL DECLARANT RIGHTS
AND ADDmONAL RESERVED RIGHTS
26.1 Develooment Ricl1ts and Soecial Declarant Rights ......................................................., 35
26.1.1 Comoletion oflmorovements ............................................................,................ 36
26,1.2 Exercise of Develooment Ril!hts ............................,..........................................., 36
26.1.3 Sales Manal!ement and Marketinl! ...................................................................... 36
26.1.4 Construction Facilities ........................................................................................ 36
26.1.5 Construction Easements ...................................................................................... 36
26,1,6 Master Association .........,.........................................,.......................................... 36
26.1.7 Intentionallv Left Blank ........................................................,............................. 36
26.1,8 Control of Association and Board of Directors ..................................................36
26.1.9 Amendment of Declaration .............................................,................................... 36
26,1,10 Amendment of Map ........................................................................................... 37
26.2 Additional Reserved Ricl1ts ............................................................................................ 37
26,2.1 Dedications ......,...,...".."..",."...." .....,..,..."....."",...",...,..""."."..,.."" ,...",.,...".. 37
26,2.2 Use Al!Teements .."...,..".......,',....,..",...,...,.....,..,.....""..,.."...".".,..""".."...,...".. 37
26,2.3 Other Ril!hts .......".."...,...........,......"..."..,..,.."........",.",..",.."',..,.."""....".".."., 37
26.3 Temoorarv Construction Easement .................................................................................. 37
26,4 Ricl1ts Transferrable ".,."...",."..,...."...", ',...,..,...".."",."..."...",."", "."",'."" ,. .."..".""", 3 7
26.5 Unilateral Ricl1ts Reserved bv Declarant ........................................................................37
ARTICLE 27
INTENTIONALLY DELETED
ARTICLE 28
REVOCATION OR AMENDMENT OF DECLARATION
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28,1 Revocation ,.,.,..,.,.,.,..,..,.",...,......"."." .." ",'....,'...." ,..", ',...,.",..".""".".""" ".", ".."".,." 38
28,2 Amendment ,.".,.,.,." ".".,...."......,..."....... '" "..".,'." ".,...,'." ..,'..,'..,."..." "..., ..",'., "."".,." 3 8
28.3 ChallenlZe to Amendments ......,...................................................,................................... 39
28,4 Recordation ".,..." ...,.,.." ""."....."... ',....."..,.....".,."....."..,..".".. ",.... ",..,....,...,.,.....".",." 39
28.5 Unanimous Consent ReQuired for Certain Amendments ...........................................,.... 39
28,6 Association Certification .............................,..............................,...............".............,.... 39
28,7 Exoenses ,.".,.,.,..,.,.".,.".",..".....""."".........."........,.".,'.."."."" .." ",...".,'.." ,.".,.,.,.",.,., 39
ARTICLE 29
MISCELLANEOUS
29.1 RelZistration bv Owner of MailinlZ Address ..................................................................., 39
29.2 Additional RilZhts of First MortlZalZees ..........................................................................., 40
29.3 Severabilitv...,..,...,....,..,......" ......,...,.., ....".."...,..,."..,.,...".,..."..,...,..""..",.....,.""",..".., 40
29,4 Aoplicabilitv of the Act ..,...."......,..,',......".."."........,.".....".",."",.""",.."......,.,.,.,.,.."." 40
29.5 Gender ..,..,..,.,.,.........,..,..,.......,......,........."." ......,...."..,..,.."..,.."",.,."",............,.., ,'.,.",., 40
29.6 Aoolicable Law .........."..,...,.."......,......,.."",......,..,."."..,...,."...",..,..,',...,."......,.."",."", 40
29.7 BindinlZ A!!l'eement ...."..,.,',..,',.....,......."..."..,.."..,."..,.",..,."..."..',.,'..,."",....,."" ,..,.",., 41
29.8 Reference to Ownershio Interests .................................................................................., 41
29,9 Reservations bv Declarant .............................................................................,................. 41
29.10 Association as Attornev-in-Fact: Power of Attorney...................................................... 41
29.11 Enforcement .,....,....,.,.".".,",...,......",.......".",.."..,..,.."",.,..".."...""."...".."".." ,.,.,.,..".. 41
29.12 Term of Declaration ....................................................................................................... 41
Exhibit A: Allocated Interests Table .......................................................................................... 43
Exhibit B: Easements and Encroachments ................................................................................ 44
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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, 8161 L
ARTICLE I
STATEMENT OF INTENT AND PURPOSE
1,1 Authoritv. 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, Rand 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 Gointly "Condominium Laws"),
1.2 Declaration: Covenants Runninl!: with the Land. Declarant hereby declares that
the following terms, covenants, conditious, easements, restrictions, uses, reservations, limitatious
and obligatious 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: Develooment Rel!:ime: 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
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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
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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 Bvlaws 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 EXDense or Common EXDense Liabilitv means and includes:
Declaration;
2.9.1 Expenses declared Common Expenses by provisions of this Condominium
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 MaD or MaD 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
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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 ProDertv 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 f1ling 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 DeveloDment Rights and SDecial 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 Mortll:age 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
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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 Mortltaltee 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 Imorovements 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,
Rand 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 oflease,
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.
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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 Marketinl! Period means the period of Declarant Control over the Association
and is further defined in Section 15.4 hereof,
2.25 Mortl!al!e means any real estate mortgage, deed of trust, or security instrument
by which a Condominium Unit is encumbered.
2,26 Mortl!al!ee 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
defmed 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 Proiect 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 Inseoarability of a Condominium Unit. Each Unit and its Allocated Interests,
any easements appurtenant thereto, and the exclusive use of the Limited Common Elements
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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 InseDarabilitv of a Rill:ht to Construct Residential Buildinll: 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 InseDarabilitv of a Rill:ht to Construct Cabin Buildinll: 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 Filinll: of MaD. 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 hnprovements are substantially completed. The
Condominium Map shall depict and show at least the following, as each may be applicable:
5, Ll 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,
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5.2 Certification of Mao, 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 Suoolements of Mao 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 Legal Descriotion 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 UnitILoft 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 Convevance 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
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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 Adioininll: 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 UWNERSHIP
7,1 Title. A Condominium Unit may be held and owned by more than one Owner as
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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 Tenn of OwnershiD, 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 oflaw,
7.3 NonDartitionabilitv 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. Furthennore, 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
tenns, 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.
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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,
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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,
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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)
Cabin Building;
the build-out of a Residential Building on a Loft Unit or the relocation of a
(b)
settling of a Building or other Improvements;
(c)
alteration or repair to the Cornmon Elements; or
(d) repair or restoration of the Improvements and/or Condominium Unites)
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 Marketabilitv, 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 Liabilitv, Any encroachment easement does not relieve a Condominium Unit
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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 Emergencv 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 unites) 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,
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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 Ricl1t to Grant Owners Maintenance ResDOnsibility. 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 SDecial 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.
lOA Owner's ResDonsibility. 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
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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 Reoair, 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 Adiacent Walls: Suooort. 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 Seoarate 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,
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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 Membershio. 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 V otin!! Ri!!hts. 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 Ifa 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 anyone 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
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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 bv Proxv, 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 contraIy, any action taken by a person pwporting 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.! NonDrofit Puroose, 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 pwposes, 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;
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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;
G) 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 officers 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;
(0) 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 Durin!! the Marketin!! 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
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Association;
(c)
Prepare annual budgets;
(d)
and 6.6 hereof;
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 Attornev-in-Fact. 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 Comoliance. 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
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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 DesilmReview.
13.7.1 No Chanl!e in Prooertv Without Aooroval. No alteration, change,
modification, or addition ("Change in the Property") to the exterior of any Unit, Building or
Common Element shall be made or pennitted, 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 Landscaoing, 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 Aooroval 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 perfonnance of its functions in
reviewing any proposed improvement of a Unit or Common Element. No Change in the Property
shall occur or be permitted Wltil plans and specifications with respect thereto (in manner and fonn
satisfactory to the Board of Directors showing the proposed improvements, all exterior elevations,
materials and colors, landscaping, and such other infonnation 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 HWldred Dollars
with respect to any single submission with reference to construction for a Unit or remodeling
thereof, and a fee not to exceed Three HWldred Dollars with reference to approval of landscaping
plans or modifications to existing landscaping. In addition, Owner shall compensate the
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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 witWlold 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 Cornmon 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;
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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 Resoonsibilitv. 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 whic!) 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 Resoonsibilitv for Tenant's Conduct. An Owner may elect to lease
hislher 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.
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14.3 Owner Remodeling. 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 shaU 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 pennit 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 hnoainnent of Structural Soundness. An Owner shall neither perfonn nor
pennit any act or work that wiU impair the structura1 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 perfonnance of their duties, the
officers and members of the Board are required to exercise the care required of fiduciaries of the
Unit Owners. !fnot appointed by the Declarant, no member of the Board and no officer shall be
liable for actions taken or omissions made in the perfonnance of such member's duties except for
wanton and wiUfu1 acts or omissions.
15,1.2 The Board may not act on behalf of the Association to amend or
supplement the Declaration, to tenninate the common interest community, or to elect members of
the Board or determine the qualifications, powers and duties, or tenns of office of Board
members, but the Board may fiU vacancies in its membership for the unexpired portion of any
tenn,
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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 Manal!:inl!: Al!: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 Budl!:et. 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 Marketinl!: 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 Marketinl!: 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 (I) 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.
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IS,S,2 Not later than sixty (60) days after the conveyance of fifty percent (SO%) 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.
IS,6 Election of Board after Marketinl! 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.
IS.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,
IS.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-bnilt 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;
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(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;
(j) 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 ofLiabilitv of Certain Persons, To the fullest extent pennitted by
applicable law, a member of the Board or any Managing Agent shall not be liable for actions
taken or omissions made in perfonnance 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 Oblil!ation, All Owners shall be obligated to pay the assessments imposed by the
Board to meet the Co=on Expenses of maintenance, operation and management of the Project.
Until the Association makes a Co=on Expense assessment, the Declarant shall pay all co=on
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 AODOrtionment. Except as otherwise provided in this Declaration (particularly
with regard to exterior maintenance provided in Article 10), the percentage of Co=on Expenses
to be paid by a Unit Owner shall be equal to such Owner's Allocated Interest in and to the
Co=on Elements as set forth in Exhibit A, as the same may be amended from time to time,
16.3 Puroose 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 Co=on 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
govemmental 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: Nel!lil!ence. Ifany 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
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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, fmes 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 govemmental 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 ofNonoavment 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 (lO) 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.
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ARTICLE 19
INSURANCE
19.1 Insurance Recuired. 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. lfthe 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 SoecifIc 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;
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(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 ofa 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 Adiustment 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 Resoonsibilitv 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 ofloss 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
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,,",
""""''''
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 Damal!e Reoair.
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 goveming 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 orreplacement 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
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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 Fidelitv 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. Ifa 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 Condenmation. 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
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,
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 Resoonsible. 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 sheriff's 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
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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 fumished 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 Prooerty. 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. I Develooment Ril!bts and Soecial Declarant Rights. Declarant hereby reserves the
following Development Rights and Special Declarant Rights. Except for the rights reserved in
Section 26.1. I, 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.
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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 condenmation 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
38
the percentage of Common Expenses to be paid by, any Owner not involved in such combination,
division or partition.
28.3 Challenl!e 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 Reauired 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 Exoenses. 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 Rel!istration bv Owner of Mailinl! 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 Ril!hts of First Mortl!al!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 armual 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 ofa 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 Severability. Ifany 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 Aoolicabilitv of the Act. The provisions of this Declaration shall be in addition
and supplemental to the Act, as herein defined.
29.s 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 Aoolicable 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.
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29.7 Bindinl! Al!reement. 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 Ownershio 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 bv 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 Attornev-in-Fact: Power of Attomev. 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.
IN WITNESS WHEREOF, the Declarant has executed this Condominium Declaration as
of . 2005.
DECLARANT:
AUSTIN LAWRENCE CONNER, LLC, a Colorado limited
liability company
By: Austin Lawrence Partners, LLC, a Colorado limited
liability company, Manager
By:
Gregory P. Hills, Manager
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
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:
Notary Public
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,.
" -'
EXHIBIT A
TO
CONDOMINIUM DECLARATION OF CONNER CABINS & LOFTS
Unit Unit Souare Foota&e Allocated Interests Votes
Based on % of S.F.
Loft Units
530-A 5,402 0.2769 27.69
532-A 5,002 0.2564 25.64
534-A 4.627 0.2371 23.71
Subtotal 15,031 0.7704
Cabins Units
530-B 1,467 0.0752 7.52
532-B 1,507 0.0772 7.72
534-B 1.507 0.0772 7.72
Subtotal 4,481 0.2296
TOTAL 19.512 1. 0000 100
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EXHIBIT B
TO
CONDOMINIUM DECLARATION FOR CONNER CABINS & LOFTS
Easements and Encroachments:
I. Reservations and exceptions as set forth in the deed from the City of Aspen recorded October
1 I, 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 offence 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 _'
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