HomeMy WebLinkAboutcoa.lu.ex.117 S Spring St.1977
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CITY OF ASP},l~ .
MEMO FROM KAREN SMITH
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tjty llltornc:i liUt.Ull an5\..'C).-c~o this \\'ClS jJlap.t:.roprjatl; CJ~; ther(~ arc 110 c:-:j:o't.illg tCr::.OliCS;
the duplex !l~S llot be'oll built ~"ct.
All jn favur, motjon carried.
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Kane: poj j1tcd out that U1C Cou;-;cll i--:as set t1,cms(-;lv2S up c:~; the housins.r E:\.lthori Ly fe"~ t,:::,
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CONDOMINIUM DECLARATION
FOR
THE SPRING STREET CONDOMINIUMS
THIS DECLARATION is made this day of
1977, by SPRING STREET ASSOCIATES, a Colorado partnership
(hereinafter referred to as "Declarant")
I. FOR~~TION OF CONDOMINIUM.
----~._- ~.. - ---- -
1.1 Becit~13_~ Declarant is the owner of real property
described on Exhibit A and desires to establish a condominium
project under the Condominium Ownership Act of the State of
Colorado.
The initial development will consist of the conversion of
an existing two-story commercial office building into four
separately designated commercial condominium units. Declarant
contemplates the construction of an additional residential
duplex structure consisting of two residential condominium
units.
1.2 ~ecl~ation. Declarant hereby states that the
n~me of the condominium shall be The Spring Street Condominiu~s
and does here'by establish a plan for the ownership in fee
simple' of the separate units in the buildings ~nd undivi"k'd
fee simple interests in the Limited Commercial and Residential
Common Elements of The Spring Street Condominiums.
Declarant (loes hereby publish and declare that the fol1 ';;J
terms, covc:,!'TnLs, conditions, casements, restrictions, us,="?s,
limitations and obligations shall be deemed to run with the
real property, shall be a burden and a benefit to Declarant, its
grantees, successors and assigns and any person acquiring or
owning an interest in the real estate with all its appurtenances.
II. DEFINITIONS.
2.1 Declarant. "Declarant" means Spring Street Associates,
a Colorado partnership.
2.2 Declaration. "Declaration" means this declaration
and supplements thereto, if any.
2.3 Real Property. "Real Property" means that certain
land situated in the City of Aspen, County of Pitkin, State
of Colorado, more fully described in Exhibit A attached
hereto and made a part hereof by this reference.
2.4 Buildi~ "Building" means any building improvement
comprising a part of the Real Property and containing Con-
dominium Units, as shown and described on the Condominium Map
and any supplements thereto which may be filed in the pitkin
County records.
2.5 Project. "Project" means the Real Property and
all Buildings and other improvements now or hereafter located
on the Real Property.
/
.
"_._--.._-~._~ ~--
"
2.6 Condominium Map. "Condominium ?'lap" means the
Condominium Map for The-Spring Street Condominiums filed or to
be filed in the records of the Clerk and Recorder of pitkin
County, Colorado.. The Map may be filed for record in whole
or in parts, sections or supplements for the existing commercial
office building and for the proposed residential duplex
building, as construction of the units and other improvements
are substantially completed. The Map lor any part or section
thereof) depicting units shall not be filed for record until
the building in which the units are located has been sub-
stantially completed in order to permit the location thereof,
both horizontally and vertically. Each such Map shall be
filed for record prior to the conveyance of the condominium
units shown thereon. Each such !^ap shall consist of and set
forth la) the legal description of the surface of the real
estate; (b) the linear measurements and location, with
reference to the exterior boundaries of the real estate, of
the Buildings and all other improvements built on the real
estate by Declarant; (c) floor plans and elevation plans of
the Building built thereon showing the location, the Con-
dominium Unit designation and the linear dimensions of each
Condominium Unit, and the designation of the Limited Comrlon
Elements; ld) the elevations of the unfinished interior
surfaces of the floors and ceilings as established from a
datum plane and the linear measurements showing the thick-
ness of the perim"\cr walls. Each such Bap shall contai n
the certificaLe of a registered land surveyor certifying
that the Map subst:ilJtially depicts Lhe location and the
horizontal and vertical measurements of the units, the unit
designations, building symbols, ceilings as constructed, the
elevations of the unfinished floors and that such Map was
preparod subsequent to substantial completion of the impro\<>
monts. In interpre~ing the Map, the existing physical bounda' ~s
of each separate unit as constructed shall be conclusively
presumed to be its boundaries. Declarant reserves the right
to amend the clap, from time to time, to conform the same
according to the actual location of any of the constructed
improvemonts and to establish, vacate and relocate easements,
access road easements and onsite parking areas.
2.7 Individual Space. "Individual Space" means an
individual air space unit as herein more particularly defined.
An Individual Space consists of enclosed rooms occupying part
of a Building. Each Individual Space is shown on the Condo-
minium Map and is identified thereon with a number. The
boundaries of each Individual Space are shown on the Condo-
minium Map by heavy lines along the walls, floors and ceilings
which mark the perimeter boundaries of the Individual Space.
The exact boundaries of an Individual Space are the interior
surfaces of such foundations, walls, floors and ceilings
which mark the perimeter boundaries and, where found along
such foundations, walls, floors and ceilings, the interior
surfaces of built-in fireplaces and of windows and doors in
their closed position, and the Individual Space includes both
the portions of the Building so described and the air space
so encompassed. Any Common Elements, as hereinafter defined,
which may be within an Individual Space, shall be owned by
the owner of the Individual Space as a tenant in common with
the other owners.
-2-
- --~._-+~.---..-,I
"
2.8 Condominium Unit. "Condominium Unit" means an
Individual Space together with the undivided interest in
the Common Elements appurtenant to that Individual Space.
The undivided interest in Common Elements appurtenant to
each Individual Space is set forth hereinafter.
2.9 Commercial Unit. "Commercial Unit" means a Con-
dominium Unit within the-existing cOh~ercial office builcting
as shown by the Map or on any amendments to such Map, said
Commercial Unit to be used for commercial purposes as is
more fully set forth hereinafter.
2.10 Residential Unit. "Residential Unit" means a
Condominium Unit in the proposed residential duplex building
as will be shown by a Supplemental Map and to be designated
on an additional exhibit hereto, such unit to be used for
residential purposes as is more fully set forth hereinafter,
2.11 Owner. "Owner" means the person or persons or
entity or entities, including Declarant, who own fee simple
title to the Condominium Unit. The term Owner shall not
include the owner or owners of any lesser estate or interest.
2.12 Guest. "Guest" means any employee, tenant, guest
(\',hether or-not-for hire) or invitee of an Owner; and any
person or entity who has acquired any title or interest, less
than fee simp Ie, in a Condom i..ni urn Uni t by, through or un(1L'r
an Owner, including a lessee or licensee and any employee,
tenant, guest (whether or not for hire) or invitee of any
such person or entity.
2.13 HortSL"'Le_e._ "Mortgagee" means any person or enti..l-
\;ho is a mortgagee llnder a recorded mortgage or a bellefj_ci6~
<lr,.-ler a recorded dc,ed of trust or the hold"r of a similar
recorded security illS trument encumbering a Co;]dominium ljni t.
"First Mortgage" means the Mortgagee under the first and
most senior of all recorded mortgages, deeds of trust and
similar instruments encumbering a Condominium Unit.
2.14 Association. "Association" means The Spring Street
Condominium Association, Inc., a Colorado corporation not
for profit, its successors and assigns.
2.15 Common Elements. "Common Elements" means and
includes the structural-components of the Building, existing or
proposed, the components for utilities and all other parts and
improvements on the real estate necessary or convenient to its
convenience, maintenance and safety which are normally and
reasonably in common use, including the air above the real
estate, all of which shall be owned, as tenants in common,
by the Owners of the separate Condominium Units, each Owner
having an undivided percentage or fractional interest in such
COIT~on Elements as is provided for at Exhibit B.
2.16 Limited Commercial Common Elements. "Limited
Commercial Common Elements" mea'ns those parts--Of the Common
Elements which are reserved for the exclusive use and enjoyment
of one or more Owners of a Commercial Unit.
-3-
2.17 Limited Residential Common Elements. "Limited
Residential Common Elements" means those parts of the Common
Elements which are reserved for the exclusive use and enjoyment
of one or more Owners of a Residential Unit.
III. DECLARATION AND EFFECT THEREOF.
3.1 Declaration. Declarant for itself, its successors
and assigns, as owner of the Project, hereby declares that
the Project shall at all times be owned and held in condominium
ownership under the Condominium Ownership Act of the State of
Colorado and shall at all times be owned, held, used and
occupied subject to the provisions of this Declaration.
3.2 Division into Condominium Units. The Project is
hereby divided into Condominium Units, each consisting of a
separate fee simple estate in a particular Individual Space
and an appurtenant undivided fee simple interest in the
Common Elements and Limited Commercial or Residential Common
Elements, as is set forth on Exhibit B. Each Owner shall
own his appurtenant undivided interest in the Common Elements
as a tenant in common with all other Owners.
3.3 Description of a Condominium Unit. Any instrument
affecting a Condominium-Unit may legally describe it by
reference to the identifying Condominium Unit number shown on
the Condominium Map. This identifying number for a Condo-
minium Unit in the Project is the number on the Condominium
Map identifying the Individual Space which is part of that
Condominium Unit. A legal description of a Condominium Unit
in the Project may be in the following form:
Commercial (Residential) Condominium Unit
Spring Street Condominiums, City of Aspen,
County, Colorado, according to Condominium
at Page , of Plat Book , Pitkin
records.
, The
Pitkin
Map recorded
County
and any conveyance or other instrument affecting title to a
Condominium Unit or any part thereof shall be deemed to
include and describe the entire Condominium Unit including the
appurtenant undivided interest in Common Elements and all of
the rights, easements, obligations, limitations, encumbrances,
covenants, conditions and restrictions benefiting or burdening
the Condominium Unit under the terms of this Declaration.
Any reference to The Spring Street Condominiums in any
description shall mean The Spring Street Condominiums according
to the Condominium Map and this Condominium Declaration, both
as filed and recorded in the Office of the Clerk and Recorder
of Pitkin County, Colorado.
3.4 Duration of Condominium Ownership. The condominium
ownership of the PrOJect created under this Declaration shall
continue until this Declaration is terminated or revoked as
hereinafter provided.
3.5 Inseparability. The separate estate in an Individual
Space and the appurtenant undivided interest in Common Elements
which constitute a Condominium Unit shall be inseparable
for the period of condominium ownership hereinabove described.
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3.6
be owned
judicial
thereof,
thereof.
Partition not Permitted. The Common Elements shall
in common by all Owner-s~and there shall be no
or other partition of the Common Elements, or any part
nor shall any Owner bring any action seeking partition
3.7 Ad valorem Taxation. All taxes, assessments and
other charges-of th-e StateOfColorado or of any political
subdivision or of any special improvement district or of any
other taxing or assessing authority shall be assessed against
and collected on each Condominium Unit separately and not on
the Building or Project as a whole and each Condominium Unit
shall be carried on the tax books as a separate and distinct
parcel. For the purpose of valuation for assessment, the
valuation of the Common Elements shall be ilpL)ortioned among
the Condominium Units in proportion to the fractional undivided
interests in Common Elements included in such Condominium
Units. The Association shall deliver to the County Assessor
of Pitkin County, Colorado, a written notice as required
by the Condominium Ownership Act of Colorado, setting forth
descriptions of the Condominium Units and shall furnish all
necessary information with respect to such apportionment
of valuation of Common Elements for ass',',O,sment. The lien
for taxes assessed to any Condominium Unit shall be confined
to that Condominium Unit. No forfeiture ar sale of any
Condominil1iU Unit for delinquent taxes, a:'~ ~i~nts or
other governmental charges shall divest or in any way affect
the title to any other Condominium Unit.
3.8 !1Gchani_cs Liens. No labor performed or ]~aterials
L l!:'ois:lCd for-~use'-rn---connection with Jny CG;:::;~:,~~~ini.um Unit
-,~llh th(~ CC-J":sont or at the request of t~-;.-~ r.,'- i(:L nf such
(~()ncJominium Unit or his agent, contrac'_CL- ,,:C s'..1bcontri:'1ctor
shall create any right to file a statel[,ent of mechanic' s li,~n
against the Condominium Unit of any other Owner not expressly
consenting to or requesting the same or against any interest
in the Common Elements except the undivic1cd interest therein
included in the Condominium Unit of the O~ner for whom such
labor shall have been performed or such materials shall have
been furnished. Each Owner shall indemnify and hold harmless
each of the other Owners from and against liability or loss
arising from the claim of any lien against the Condominium
Unit, or any part thereof, of such other Owner for labor
performed or materials furnished for use in connection with the
first Owner's Unit. At the written request of any Owner the
Association shall enforce such indemnity by collecting from
the Owner of the Condominium Unit on which the labor was
performed and/or for which the materials were furnished the
amount necessary to discharge any such lien, including all
costs incidental thereto, including reasonable attorney's
fees. If not promptly paid, the Association may collect the
same in the manner provided herein for collection of assess-
ments for the purpose of discharging the lien.
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IV. VARIOUS RIGHTS AND EASEMENTS.
4.1 Owner's Rights in Common Elements. Subject to
the provisions of this Declaration, each Owner and each
Owner's Guests shall have a nonexclusive right to use and
enjoy the Common F.lements for the purposes for which they
are intended, provided there is no hindrance or encroach-
ment upon the lawful rights of use and enjoyment of other
Owners and their Guests as described in this Declaration and
the rules and regulations of the Association.
4.2 Owner's Rights in Limited Commercial or Limited
Residential Common-Elements. -SubJect to the provisions of
this Declaration, each Owner and each Owner's Guests shall
have an exclusive right to use and enjoy the Limited Commerci~l
or Residential Common Elements included in the Condominium
Unit owned by such Owner.
4.3 Owner's Rights in Individual Space. Subject to the
provisions-'6TfhisDec-laration, each Owner shall have full
and complete dominion and ownership of the Individual Space
which is part of the Condominium Unit owned by such Owner
and each Owner and each Owner's Guests shall have the exclusive
right to use and enjoy the same.
Each OWIler sIlall lldve tIle right to pai11t, rcpaj.nt, ti_10,
wax, paper and otherwise refinish and decorate the interior
surfaces of the walls, ceilings, floors and doors which
are within the boundaries of his Individual Space.
4. 4 l";s()c_iat~,on. 1'<_i.2b..ts. The AssocL,;:ion shall have '1
non(--=yclu.~;i'~';~ right and easement to make s',Jc::h use of c~~,_: :-,un
ElcT:~c;nts as L-,.3.Y :)8 necessary or appropriat!~ for iti~o
perform the duties and functions which it is obligated or per-
mitted to perform under this Declaration, and a nonexclusive
right of entry, after reasonable notice to the Owners, during
reasonable hours, into such Limited Commercial or Residential
Common Elements and Individual Spaces as may be necessary
for the operation of the Project or for making emergency
repairs therein necessary to prevent damage to any Condominium
Unit or to Common Elements.
4.5 Owner's Easements for Access, Support and Utilities,
Each Owner-shaTl-havea-;1onexcTusive easementfor access - be- -
tween the Individual Space which is part of the Condominium
Unit of such Owner and public roads and streets, including,
without limitation, over the recreation areas, open space,
landscaped areas, parking areas, driveways, and any other
exterior access and/or other easements which are part of the
Common Elements; each Owner shall have a nonexclusive easement
in and over Common Elements, including Common Elements within
the Individual Space of another Owner, for horizontal and
lateral support of the Individual Space which is part of his
Condominium Unit and for utility service provided to that
Individual Space, including water, sewer, gas, electricity,
telephone and television service.
-6-
4.6 Easements for Encroachments. If any part of the
Common Elements encroaches or--shall hereafter encroach upon
an Individual Space, an easement for such encroachment and
for the maintenance of the same shall exist. If any part of
any Individual Space encroaches or shall hereafter encroach
upon the Common Ele:ncnts, or upon another Individual Space,
the Owner of that Individual Space shall have an easement for
such encroachment and [or the maintenance of the same. Such
encroachments shall not be considered to be encumbrances
either on the Common Elements or on Individual Spaces.
Encroachments referred to herein include, but are not limited
to, encroachments caused by error in the original construction
of any Building, by error in the Condominium Map, by
settling or shifting of any Building, or by changes in
position caused by repair or reconstruction of the Project or
any part thereof.
4.7 Easements in Individual Space [or Repair,
i'laintenance-and Emergencies. Some'of theCommon Elements are or
Dlay be-located-wid:;Tn ;;;r;-Ir,dividual Space or may be conven-
iently accessible only through an Individual Space. The
Association shRll have dl1 easement for access through cae]l
Individual Space [rom time to time during such roasonable
hours as may be necessary for the maintenance, repair or
replacement of any of t:hc ("J'T<,11(,n Elements located therein
or accessible. thc;]_-ef L '_'J\ ur ;=-ur ;n,1king cmcr(Jcncy repairs
therein necessary to i:~' L _..:\,-t;~r1t d_-l:~I;'_l}e 1_0 the COj;_unon El,;:~-;;-~!1tS
or to another IndiviJ\131 S~~ce.
4.8 Negligence or willful '1j,sconduct. Any d3'"3ge to :"'1'
C~)!1d();Tlini urn -Uni t -'C3_-;- -;1" b}T --t-f~e-~negl:{g-ence-or will en 1. Fli :-3\~:)n--
'_:"_-:_ct of the Associ-T!--} '~<l Dr ,_,-::lY of its agents during d.ilY I ~-\i cy
i~-:to ciny Individual ~2 __ ~11 be repaired by and at the
expense of the Association.
4. 9 ~i2ht to f,:,mp_ine CClJ1<Jomill~um Qni ts. Subject to th(~
following provisions. an Owner shall have the right to combine
a Condominium Unit with one or More adjoining Condominium
Units. Declarant, and any successor or assign of Declarant
who has succeeded to substantially all of the assets and
business of Declarant, shall have the foregoing right without
the necessity of approval by the Association. Any other Owner
shall have such right only after obtaining written approval
from the Association.
A combination of Condominium Units shall become effective
only when the Owner of the Condominium Units which are to be
combined executes and records in the Office of the Clerk and
Recorder of pitkin County, Colorado, a written statement
describing the Condominium Cnits to be combined and declaring
that the same are combined. In the event of such combination
of Condominium Units, the Individual Spaces of each may be
deemed one Individual space and the undivided interest in
Common Elements appurtenant to each of the Individual Spaces
so combined may be deemed combined and, as combined, appur-
tenant to the one enlarged Individual space which results
from the combination. In the event of such combination, any
part of the Building within the new perimeter boundaries of
the combined Individual Spaces shall cease to be COR~on
-7-
Elements if such part of the Building would not have consti t". d
Common Elements had the combined Individual Spaces been
originally designated on the Condominium Map as a single
Individual Space. The number of Points allocated to such
combined Condominium Unit shall equal the sum of the Points
previously allocated to each Condominium Unit so combined.
4.10 Partition of Individual Spaces Prohibited. No
Owner shall partition-or subdivide al1Y Condominium unit so as
to convey to a prospective Owner an interest in less than an
entire Individual Space; provided, however, that an Owner of
a Condominium unit consisting of two or more Condominium
Units combined pursuant to Article 4.9 may partition and sub-
divide such Condominium Unit into Condominium Units conforming
to the dimensions of the Individual Spaces described in the
Condominium Map defined in Article 2.6 hereof. An OloJner shall
have the right, if such Owner owns two adjacent Condominium
Units, to create a doorway between the Individual Spaces in
any common wall. This Article is not intended, however, to
prohibit joint or common ownership by two or more persons oc
entities of a Conrlominium Unit.
4.11 Other Liens Against Common Elements or Limited
COilunon ElemE,n-ts-:- No -add{tional-TJ~E--ns, -othei- than mechanics'
liens, assessment liens or tax liens, or any other specific
liens specifically provided for herein, may be obtained "'F,L'
the Common Elements or Limited Cornmon Elements in which a;>)'
Owner has a percentage ownership.
V. THE ASSOCIATION.
5.1 General Purposes and Po~crs. The ^ssociation 1125
J':>(;I:D or wiII-- be----Tncorpor-atedto--be-~-nd cO;lstitutl~ the Assocj_
to which reference is made in this Declaration.
5.2 !Iembership.
O,,;ner and for -so-Tong
of the Association.
Each Owner, by virtue of being an
as he is an Owner, shall be a member
5.3 Board of Directors, The affairs of the Association
shall be managed by a Board of Directors which may by
resolution delegate any portion of its authority to an
Executive Comlllittee composed of not fewer than two Directors.
Hembers of the Board of Directors shall be elected annually
by Owners. The number and qualifications of Directors shall
be as provided in the Articles of Incorporation and Bylaws
of the Association. All of the Directors shall be Owners of
Condominium Units except those Directors who are elected
while Declarant is the Owner of three or more Condominium Uni's,
5.4 Voting Rights. Each Owner shall be entitled to the
same percentage vote as such Owner's percentage interest in
the Common Elements. Unless otherwise provided in the Articles
of Incorporation or Bylaws of the Association, voting by proxy
shall be permitted. In the event of multiple Owners of the
same Condominium Unit, the multiple Owners shall share the
votes assigned to the Condominium Unit so owned in the same
proportionate interest as fee simple title to the Condominium
Unit is held. Subject to Declarant's voting rights as above
set forth, at any election of the members of the Board of
Directors of the Association, every Owner entitled to vote may
cumulate his votes and give anyone or more candidates a
number of votes equal to the number of votes said Owner may
cast multiplied by the number of Directors to be elected.
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The right to vote may not be severed or separated from any
Condominium Unit, and any sale, transfer or conveyance of
any Condominium Unit to a new Owner or Owners shall operate
to transfer the appurtenant voting rights without the
requirement of any express reference thereto.
5.5 Notices. Each Owner shall be entitled to notice of
---_.~
any meeting at which such Owner has the right to vote. Notices
of meetings shall be in writing and shall state the date, time
and place of the meeting and shall indicate each matter to be
voted on at the meeting which is known to the Association at
the time notice of the meeting is given. Such notices shall
be given not less than ten (10) nor Inore than fifty (50) days
before the date of the meeting. Any notice shall be deemed
given and any budget or other information or material shall
be deemed furnished or delivered to a party at the time a copy
thereof is deposited in the mail or at a telegraph office,
postage or charges prepaid, addressed to the party, and in
any event, when such party actually receives such notice, in-
fOLoation or material. Any notice, information or material
shall be deemed properly addressed to an Owner if it is
d(;d:c(~~3~3!.?d to the name and address sho\'ln on the most recent
written notice of name and address, if any, furnished to the
Association by such Owner or, if a name and address is not so
furnished, if it is addressed "To the Owner" at the address
of tIle CO!1domini.um Unit of such OWller.
5.6 Record Date, The Board of Directors of the
~----------~ - ---------
Association shall have the power to fix in advance a date as a
record date for the purpose of determining Owners entitled
to -o~jce of or to vote at any meeting or to be furnished
',.-, ;-'-' _'- _l'Jct or other infonnation or material, or in oreer
... '!. ~21~-_ermination of OW1.1215 for any purpose. Notwith--
'_j ,,:1.y provi sians of Article 5.5 li2reof to the contrary,
the Owners existing on any such record date shall be deemed
the Owners for such notice, vote, meeting, furnishing of in-
fcrsation or material or other purpose and for any supple-
-.ry notice, or information or material with respect to
the ~ame matter and for any adjournment of the same meeting.
A record date shall not be more than fifty (50) days prior
to the date on which the particular action requiring deter-
mination of Owners is proposed or expected to be taken or
to occur, If no record date is established for a meeting,
the date on which notice of such meeting is first given to
any Owner shall be deemed the record date for the meeting.
5.7 Quorums. The presence of Owners who hold votes
equal to one-third of the total voting power of the Association,
in person or by proxy, at a meeting to consider a matter
shall constitute a quorum for consideration of that ~atter.
If a quorum is established for consideration of a matter,
except as a greater percentage of votes is required under a
specific provision of this Declaration, and subject to
Declarant's voting rights as set forth in Article 5.4, a
majority of the votes cast on the matter or, in the case of
elections in which there are more than two candidates, a
plurality of votes cast, shall decide the matter.
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JJ
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~'.o/
...,
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5.8 Articles of Incorporation and Bylaws. The purposes
and powers of the Association and the rights and obligations
with respect to Owners as members of the Association set
forth in this Declaration may and shall be amplified by
provisions of the Articles of Incorporation and Bylaws of the
Association, including any reasonable provisions with respect
to corporate matters, but in the event that any such provi-
sions substantially conflict with any provision of this
Declaration, the provisions of this Declaration shall govern.
VI. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION.
6.1 Association as Attorney-in-Fact for Owners. The
Association is hereby irrevocably appointed attorney-in-fact
for the Owners of all Condominium Units and each of them to
manage, control and deal with the interest of such Owner in
Common Elements so as to permit the Association to fulfill
all of its duties and obligations hereunder and to exercise
all of its rights hereunder; to deal with the Project upon
its destruction or obsolescence as hereinafter provided; and
to deal with and handle insurance and insurance proceeds and
condemnation and condemnation awards as hereinafter provided.
The acceptance by any person or entity of any interest in
any Condominium Unit shall constitute an appointment of the
Association as attorney-in-fact as herein provided.
6.2 Common Element Maintenance. The Association shall
be obligated to provide for the care, operation, management,
maintenance, repair and replacement of the Common Elements.
Without limiting the generality of the foregoing, said
obligations shall include keeping the Common Elements in good,
clean, attractive and sanitary condition, order and repair;
removing snow and any other materials from the Common Elements
to permit access to the Project and to the Individual Space of
each Condominium Unit, keeping the Project safe, attractive
and maintained in a manner desirable as a residential community;
and making necessary or desirable alterations, additions,
betterments or improvements to or on the Common Elements.
Notwithstanding anything herein contained to the contrary,
Owners of Commercial Units shall be obligated as above with
respect to the maintenance of Limited Commercial Common
Elements and Owners of Residential Units as to Limited
Residential Common Elements.
6.3 Other Association Functions. The Association may
undertake or contract for any lawful activity, function or
service for the benefit, or to further the interests, of all,
some or any Owners of Condominium Units on a self-supporting,
special assessment, or common assessment basis. Such
activities, functions or services may include the providing of
police or similar security services, the providing of firewood,
the providing of legal and accounting services necessary or
desirable in connection with the operation of the Project or
the enforcement of this Declaration, and trash collection,
sewer service and other common services. If such functions
or services include furnishing or providing services for the
care and maintenance of Condominium Units or the renting,
leasing, purchase, sale or exchange of Condominium units on
behalf of Owners, no Owner shall be required to utilize the
Association for such services and all costs and expenses
shall be charged to the Owners who utilize such services and
not to any other Owners.
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I.
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6.4 Labor and Services. The Association may obtain and
pay for theservices of any-person or entity to manage its
affairs, or any part thereof, to the extent it deems advisable,
as well as the services of such other personnel as the
Association shall determine to be necessary or desirable for the
proper operation of the Project, whether such personnel are
furnished or employed directly by the Association or by any
person or entity with whom or which it contracts. No change
in such person or entity shall become effective until thirty
(30) days after written notification of such change (not
including any change in employees of a corporate entity) is
sent to any mortgagee whose name and address is expressly
provided in the recorded mortgage, deed of trust or other
lien.
6.5 Personal Property ofl\ssociation. The Association
may acquireEind hold-tangible--and' intangible personal property
and may dispose of the same by sale or otherwise. Subject to
the rules and regulations of the Association, each Owner and
each Owner's Guests may use such property. Upon termination
of condominium ownership of the Project and dissolution of ; 1'0
Association the beneficial interest in any such property s].'ll
be deemed to be owned by the then Owners in the sume propo(i ion
as their respective interests in the Common Elements.
6.6 Rules and Regulations. The Associalci,on ,"ay "U;'C i1! j
C'nforce r(~aso-l)-:ib}e-and--linI-forrnIy applied rules 3nd rC(Julat i(~,jl:)
governing the use of Individual Space and of Corr:C,lOn El em'-flt!;.
Such rules and regulations may, without limitation: (a) ce'ju-
late use of Common Elements to assure equitable use and enjoy-
ment by all perSO!1S onti_tled tl1ereto; (b) require that
draperies, sba:-~(~s 1)( otller \.,lindow coverings ~:-)7"ll present ,1
uniform and att_},-,'-icti'~'(3 3LJpc.:arance from the e:T~t,-"l:-ior of tile
Building; and (c) assign particular portions of storage ar2ilS
within the Common Elements for exclusive use by Owners of
particular Condominium Units.
The Association shall furnish each Owner with a written
copy of each and every rule or regulation adopted pursuant to
this Article 6.6; however, failure to furnish said copy shall
not be deemed to invalidate said rules or regulations to any
extent.
The Association shall have the right to enforce any of
~ne rules and regulations of the Association, the obligations
of any Owner under this Declaration or any provision of the
Articles or Bylaws by having the Association assess a fine
against such Owner and/or suspend the right of such Owner to
use the recreational Common Elements and/or suspend the right
of such Owner to vote at meetings of the Association; pro-
vided that any such fine may not exceed the sum of Two Hundred
Dollars ($200.00) per violation and such use and/or voting
suspension may not be imposed for a period longer than thirty
(30) days per violation. If any such fine imposed on an
Owner by the Association is not paid by said Owner within
sixty (60) days after said Owner has received from the
Association written notice of the imposition of such fine, then
the amount of such fine shall be added to the amount of the
regular assessment charged to said Owner and shall be
enforceable as an Assessment in accordance with Article VII
hereof. No penalty may be imposed under this paragraph until
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, ,
the Owner accused of any such violation has been afforded the
right to have a hearing before the Board of Directors of the
Association or a committee designated by the Board to conduct
such hearing, or has, in writing, waived such right. Each
such Owner shall have the right to be heard in person, by
submission of a written statement, or through a spokesman, at
any such hearing. The Association may also take judicial
action against any Owner to enforce compliance with such rules,
regulations or other obligations or to obtain damages for
non-compliance, all to the extent permitted by law.
6.7 No Right of First Refusal. The Association shall
have no right of first refusal or the authority to impose
other restrictions concerning the sale or lease of a
Condominium Unit or any other restraints on the free
alienability of the Unit, except as otherwise provided for
herein.
6.8 Implied Rights. The Association shall have and may
exercise any right or privilege given to it expressly by
this Declaration, or reasonably to be implied from the
provisions of this Declaration, or given or implied by law, or
which may be necessary or desirable to fulfill its duties,
obligations, rights or privileges.
VII. ASSESSMENTS.
7.1 Agreement to Pay Assessment. All owners shall be
obligated to pay the assessments, either estimated or actual,
imposed by the Association to meet the expenses connected with
the maintenance and operation of the Condominium Project as set
forth in the Declaration and in the By-Laws for the Condominium
Association.
7.2 Assessments for Common Expenses. The assessments
shall be based upon advance estimates by the Board of Directors
to provide for the payment of all estimated expenses arising
out of or connected with the maintenance, repair and
operation of the Common Elements, which sum may include, but
shall not be limited to, expenses of management; for fire
insurance with extended coverage and vandalism and malicious
mischief with endorsements attached issued in the amount of
the maximum replacement value of all of the Condominium
Units (including all fixtures, interior walls and partitions,
decorated and finished surfaces of perimeter walls, floors
and ceilings and other elements or materials comprising a
part of the Units); casualty and public liability and other
insurance premiums; common lighting and heating; common
water and sewer charges; snow removal; trash and garbage
collection; repairs, replacements and maintenance of the
Common Elements; wages for Association employees; legal
and accounting fees; any deficit remaining from a previous
period; the creation of a reasonable contingency reserve,
working capital and sinking fund; and any other costs and
expenses relating to the Common Elements. Notwithstanding
anything herein contained to the contrary, Owners of
Condominium Units shall be responsible for payment of assess-
ments related to Limited Commercial Common Elements and
Owners of Residential Units as to Limited Residential Common
Elements.
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7,3 Apportionment of Assessments. The assessments
for the Common Elements shall be made according to each
Owner's percentage or fractional interest in and to the
Common Elements; the assessments for the Limited Residential
Com~on Elements shall be made according to each Owner's
percentage or fractional interest in and to the Limited
Residential Common Elements and the assessments for the
Limited Commercial Common Elements shall be made according
to each Owner's percentage or fractional interest in and to
the Limited Commercial Common Elements.
7.4 Notice of Assessments and Payment Thereof.
Assessments for the estimated Common Expenses shall be due in
advance on the first day of each calendar quarter or more
frequently as may be determined by the Board of Directors
or the Managing Agent. The Board of Directors shall
prepare and deliver or mail to each Owner a statement for the
estimated or actual Common Expenses at least ten days prior
to the first day of each calendar quarter. Each monthly
assessment shall bear interest at the rate of 8% per annum
from the date it becomes due and payable if not paid within
ten (101 days after such date. Failure of the Board of
Directors to give timely notice of any assessment as provided
herein shall not affect the liability of the Owner of any
Condominium Unit for such assessment, but the date when
payment shall become due in such a case shall be ten days
after such notice shall have been given.
7.5 Special Assessments. There shall be no additions,
al terations or improvements of or to the Cornmon Elements and
Limited Common Elements by the Association rcoquiring an
~x9cnditure in excess of One Ilundred Dollars 92r Unit in any
i.!c:2 calc~ndar year without prior approval of t}~~ Ov,'ncrs of
30% or {<-,ore of the Cornman l.~l\::::;~ients if such addition,
al t:c,r,,,tion or improvement is to a Common Element or the O'dners
of 80% or more of the Limited Residential Common Elements if
such addition, alteration or improvement is to a Limited
Residential Common Element, or the Owners of 80% or more of
the Limited Commercial Common Elements, if such addition,
alteration or improvement is to a Limited Commercial
COMTIOn Element, and such expenditure shall be apportioned
in accordance with the provisions of Section 7,3. Such
limitation shall not be applicable to the replacement,
repair, maintenance or obsolescence of any General or
Limited Common Element or common personal property.
7.6 Lien for Assessments. All sums assessed to any
Condominium Unit pursuant to this Article, together with
interest thereon as provided herein, shall be secured by a
lien on such Condominium Unit in favor of the Association.
Such lien shall be superior to all other liens, and encumbrances
on such Condominium Unit, EXCEPT only for: (al valid tax
and special assessment liens on the Condominium Unit in
favor of any government assessing authority; and (bl a
lien for all sums unpaid on a first Mortgage duly recorded
in the pitkin County, Colorado, real estate records,
including all unpaid obligatory advances to be made pursuant
to such Mortgage and all amounts advanced pursuant to such
Mortgage and secured by the lien thereof in accordance with
the terms of such instrument. All other lienors acquiring
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liens on any Condominium unit after the Declaration shall have
been recorded in the public records shall be deemed to consent
that such liens shall be inferior to future liens for
assessments, as provided herein whether or not such consent
be s?ecifically set forth in the instruments creating such
liens.
To evidence a lien for sums assessed pursuant to this
Article, the Association may prepare a written notice of lien
setting forth the amount of the assessment, the date due, the
amount remaining unpaid, the name of the Owner of the
Condominium unit and a description of the Condominium Unit,
Such a notice shall be signed by the Managing Agent, by one
of the Board of Directors or by an officer of the Association
and may be recorded in the office of the County Clerk and
Recorder of pitkin County, Colorado. No notice of lien
shall be recorded until there is a delinquency in payment
of the assessment, Such lien shall attach from the due
date of the assessment. Such lien may be enforced by
judicial Foreclosure by the Association in the same manner in
whi(~}l !nt)~tuaS0S on real property may be foreclosed in Colorado.
In any ,:o11ch foreclosure, the Owner shall be required to pay
the costs and expenses of such proceeding, the costs and
expenses of filing the notice of lien and all reasonable
attorney's fees. All such costs and expenses shall be
secur,?d by the lien being foreclosed. The O\\'ner shall also
be requir2d to pay to the A!5S0ciati.oll any assessments against
the Conducj,n5_um Unit which shall become l'lue during the period of
foreclos1Jre. The Association shall have the right and power
to bid at the foreclosure sale or other legal sale and to
acqu]_ r?, 1-'0 '.d, C,)llVc;y, enc1.nnber and otherwise deal with ,
~-~-.~ .:ll:-~or tfic~reof.
__ ~C of 110tice of lien shall Le eX__c11ted by the
Managing Agent, by one of the Board of Directors or by an
officer of the Association and recorded in the Pitkin
County, colorado real estate records, upon payment of all
sums sec'ced by the lien which has boen made the subject
of a recorded notice of lien,
Any person holding a lien on a Condominium Unit may pay,
but shall not be required to pay, any amounts secured by the
lien created by this Section, and upon such payment such
person shall bc'ubrogated to all rights of the Association
with respect to such lien, including priority.
Upon request of a Mortgagee, the Association shall
report to the Mortgagee of a Condominium Unit any unpaid
assessments remaining unpaid for longer than twenty-five
days after the same are due; provided, however, that such
Mortgagee first shall have furnished the Association with
written notice of such Mortgage.
7.7 Personal Obligation of Owner. The amount of
any assessment agaifls~ny Condominium Unit shall be the
personal obligation of the Owner thereof to the Association.
Suit to recover a money judgment for such personal obligation
shall be maintainable by the Association without foreclosing
or waiving the lien securing the same. No Owner may avoid or
diminish such personal obligation by waiver of the use and
enjoyment of any of the COffif,10n Elenents or by abandonment
of his Condominium Unit.
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.."......
7.8 Statement of Account. Upon payment to the
Association of-a-reasonabl~fee not to exceed $25.00, the
upon written request by any Owner or any Mortgagee, prospective
Mortgagee or bona fide prospective purchaser of a Condominium
Unit, the Association by its Managing Agent, or by the
Treasurer of the Association, shall issue a written state-
ment setting forth the amount of the unpaid assessments, if
any, with respect to such Condominium Unit, the amount of
the current quarterly assessment and the date that such
assessment becomes due, credit for advanced payments or
prepaid items, including, but not limited to, an Owner's
share of prepaid insurance premiums, which statement
shall be conclusive upon the Association in favor of persons
who rely thereon in good faith. Unless such request for a
statement of account shall be complied with within twenty
days, all unpaid assessments which became due prior to the
date of making such request shall be subordinate to the lien
of a Mortgagee which acquired its interest subsequent to
requesting such statements. Where a prospective purchaser
makes such request, both the lien for such unpaid assess-
ments and the personal obligation of the purchaser shall be
released automatically if the statement is not furnished
within the twenty day period provided herein, provided the
purchaser subsequently acquires the Condominium \"1 it.
7.9 Personal Liability of Purchaser for l,s:C:"".',,-,nts.
Subject to--the provisions-o-f S;?'ction-T.uS;- a pUJ'..c
transferee of a Condominium Unit ,;hall be jointly ,_0
severally liable with the seller or transferor 'uc 'i 1 ,T,),] i d
assessments against the Condominium Unit up to the i_~~d2 of
the grant or conveyance, without prejudice to the purchaser's
right to l-f~cover f!"()~n the ~,C'112r the amount ~)aid 1::.'. ?
purchaser 'cor s,]ch 0~::;S:-:::::,:- ,!i.:nt:s.
7.10 Estoppel Certificate. Upon payment of a reaso:cccble
fee not to exceed-S20~OO and upon written request of any
Owner or any person with any right, title or interest in a
Condominium Unit or intending to acquire any ri01!t, title or
interest in a Condominium Unit, the Association shall
furnish a written statement setting forth the amount of
any Assessments, charges, fines or penalties, if any, due
or accrued and then unpaid with respect to the Owner of the
Condominium Unit and such Owner's Guests and the amount of
the Assessments for the current fiscal period of the
Association payable with respect to the Condominium Unit,
which statement shall, with respect to the party to whom
it is issued, be conclusive against the Association that
no greater or other amounts were then due or accrued and
unpaid.
VIII. " USE AND OTHER RESTRICTIONS.
8.1 Use of Residential Units. Each such Individual
Space shall be-Used for residential purposes only. No
Individual Space shall be used at any time for business or
commercial activity except that, subject to the rules and
regulations of the Association, the Owner may lease or rent
his Individual Space for private residential, living or
sleeping purposes and Declarant, or its nominee, may use
one or more Individual Spaces as a model or display unit and
rent the same to members of the Public until all Condominium
Units owned by Declarant are sold.
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8.2 Use of Corr~ercial Units. Each such
individual space may be used for business purposes as are
permitted by the ordinances of the City of Aspen, provided
the noise or other activity from such business does not
unreasonably disturb the other Condominium unit Owners.
8.3 Common Elements Restrictions. lJo Olvner and no
Owner's Guest-shaIi obstruct~-damage---or commit waste to any
of the Common Elements. No Owner and no Owner's Guests
shall change, alter or repair, or store anything in or on,
any of the Common Elements without the prior written consent
of the Association.
8.4 No Imperiling of Insurance. No Owner and no
Owner's Guests-s]1all-C!0 anything-or cause anything to be
kept in or on the Project which might result in an increase
in the insurance premiums of insurance obtained for the Project
or which might cause cancellation of such insurance, without
the prior written consent of the Association.
8.5 No Violation of Law. No Owner and no Owner's Gue:3ts
shall do anything or keep anything in or on the Project 1,:hic11
would be in violation of any statute, rule, ordinance,
regulation, permit or other validly imposed requirement of any
governmental body.
8.6 No Noxi.ous, Q.~_f~-'0.?ive_ H;~~_~r~~.C?~~~ or_ AJ1noyJ;:_~
Activities. --Bo n~xious or offensive activity shall be
carr red ~onupon any part of the Project nor shall anylhing be
done or placed on or in any part of the Project which is or
re,ay become a nuisance or cause embarrassm<?nt, distu"'c,:uce
or annoyance to others. No activity shall be cone:.,.' ".cd, a:L1
:10 i]~provements shall be made or constructed, on d~lY ~,3rt of
U-j2 Pt:oject 'i.d1ich are or I'd_ght be unsafe or hazarc10Js cO aflY
p<?rson or property. No sound shall be emitted on any part
of the Project which is unreasonably loud or annoying to others.
No odor shall be emitted on any part of the Project which
is unr<?asonably loud or annoying to others. No odor shall
be emitted on any part of the Project which is noxious or
off~nsive to others. No light shall be emitted from any
part of the Project which is unreasonably bright or causes
unreasonable glare.
Determinations with respect to whether or not a parti-
cular activity or occurrence shall constitute a violation of
this Article 8.6 shall be made by the Board of Directors of
the Association and shall be final.
8.7 No Unsightl~~~~~ No unsightliness shall be
permitted on or in any part of the Project. without limiting
the generality of the foregoing, nothing shall be kept or
stored on or in any of the Common Elements, nothing shall be
hung or placed upon any of the Common Elements, and nothing
shall be placed on or in windows or doors of Individual
Spaces which would or might create an unsightly appearance.
Determinations with respect to whether or not a parti-
cular activity or occurrence shall constitute a violation
of this Article 8.6 shall be made by the Board of Directors
of the Association and shall be final.
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,
8.8 Restriction ~~ Sign~~ No signs or advertising
devices of any nature shall be erected or maintained on any
part of the Project without the prior written consent of
the Association. The Association shall permit the placing
of at least one sign of reasonable size and dignified form
to identify the Project and the Condominium Units therein.
Nothing herein contained shall prohibit or restrict in any
way the Declarant's right to construct such promotional
signs or other sales aids on or about any portion of the
Project which it shall deem reasonably necessary in
connection with its sale of Condominium units.
8.9 Antennas. No radio, television or other type of
antenna shaT:C,-wlthout the' ,vritten consent of the Association,
be installed or maintained on Lhe roof or exterior of
any Building in the Project.
8.10 Maintenance of Individual Space. Each Individual
Space and afliml)rOvel-nents~-fTxtu:res,-.furniture and equipment
therein shall be kept and maintained by the Owner thereof in
a clean, sale, attractive and sightly condition and in
good repair. No structural alterations within any Individual
Space shall be made and no electrical, plumbing or similar
'<ark within any individual '3pace shall be done 'vithout
the prior written COJ1Sent of the Association.
8.11 No Violation of Rul~s. No Owner's Guests shall
violate the--ruJ'--es-a-I1-2l-regulilici ,-,dopiJod from time to ti"1e
by the Associa tion \yh(~t_her r,: 1 - . q ;~O 1-::he use of Condomi ni ~:1
units I the use of Corc1fll.On Elu,- _">, or oU-]erTdi. se I and via la-
tions of the rules and regulations by any Owner's Guests
shall be treated as a violation by such Owner and shall be
enforceable in accordance with Article 4.6 hereof.
8.12 G~~er C21JSed D~m2;_l -={ ~ue to t!1e act or
r:c:Jlc:ct of (:;'Il--O-::n(i-r--or---s:J_;~h ( ;- cst~~, loss or oa;,,,"'-'Jf:.:
shall be caused to any person or property, including the
Project or any Individual Space therein, such Owner shall
be liable and responsible for the same except to the extent
that such damage or loss is cov~red by insurance obtained
by the Association and the insurer has waived its rights of
subrogation against such Owner. The amount of such
loss or damage may be collected by the Association from such
Owner, and such amount shall be secured by a lien on the
Condominium Unit of such Owner in accordanoe with the
provisions of Article VII of this Declara~ion.
8.13 Animals. The Association may by rules and
regulations prohibit or limit the raising, breeding, or
keeping of animals in any Condominium Unit or on the Common
Elements or any part thereof.
8.14 Maintenance of Lattices on CO;;1;:<' rcial Units.
No Owner of a ComrnercialUni t shall -al ter-orremoveany
lattice work erected by Declarant on the north side of the
existing commercial office building without first having
obtained in writing the permission of all the owners of
the Residential Units, and the owners of the Residential Units
shall pay for and be responsible for maintaining the lattice
work in good repair and condition. Such lattice work
shall be considered a Limited Residential Common Element
and designated as such on any supplementary ~ap.
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IX. INSURANCE.
9.1 Insurance Requirements Generally. The Association
shall obtain and maintain in full force and effect at all
times certain casualty, liability and other insurance as
hereinafter provided. All such insurance shall be obtained
to the extent possible, from responsible companies duly
authorized to do insurance business in the State of Colorado.
All such insurance shall name as insureds the Association,
the Board of Directors of the Association, the Association's
officers, employees, agents and all Owners. All such
insurance shall protect each of the insureds as if each
were separately insured under separate policies and shall
to the extent possible contain (a) waivers by the insurance
company of their right to subrogation; (b) provide that the
insurance cannot be cancelled, invalidated or suspended on
account of the conduct of the Association, its officers,
directors, employees and agents or of any Owner or such
Owner's employees or Guests; (c) provide that any "no other
insurance" clause in the insurance policy shall exclude
any policies of insurance maintained by an Owner or Mortgagee
and that the insurance policy shall not be brought into
contribution with insurance maintained by any Owner or Mortgagee;
(d) contain a standard mortgage clause endorsement in favor
of the Mortgagee of any Condominium Unit or part of the
Project except a Mortgagee of a Condominium Unit or part of
the Project who is covered by other and separate insurance;
(e) provide that the policy of insurance shall not be
terminated, cancelled or substantially modified without at least
10 days' prior written notice to the Association and to each
Owner and to each mortgagee covered by any standard mortgage
clause endorsement; and (f) provide that the insurer shall
not have the option to restore the premises if condominium
ownership of the Project is to be terminated in accordance
with the terms of this Declaration or the Project is to be
sold in its entirety in accordance with the destruction,
condemnation and obsolescence provisions of this Declara-
tion. To the extent possible, public liability and property
damage insurance shall provide for coverage of any cross
liability claims of Owners against the Association or
other Owners and of the Association against Owners without
right of subrogation. Any insurance policy may contain such
deductible provisions as the Board of Directors of the
Association deems consistent with good business practice.
The Association shall obtain an independent appraisal
of the Project every three years; provided, however, that
said appraisal may be performed by an appraiser employed
by an insurance company.
Certificates of insurance coverage or copies of insurance
policies shall be issued to each Owner and each Mortgagee who
makes written request to the Association for any such
certificate or copy of an insurance policy.
The Association shall endeavor to obtain separate distinct
insurance coverages, as provided above, for the existing
commercial office building and the proposed residential buildin~
The cost and expenses of all insurance obtained by the Associa-
tion, except insurance covering additions, alterations or
improvements made to a Condominium Unit by an Owner or other
insurance obtained at the request of and specifically benefitin<
any particular Owner, shall be shared and prorated amongst the
various Owners in accordance with the percentages specified in
Exhibit B, or as circumstances shall otherwise dictate.
9.2 Casualty Insurance. The Association shall obtain
and maintain casualty insurance covering the Project and
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each Condominium Unit covering loss or damage by fire and
such other hazards as are covered under standard extended
coverage policies, with vandalism and malicious mischief
endorsements, and, if available and if deemed appropriate
by the Association, war risk, for the full insurable
replacement cost of the Project, including each Condominium
Unit. At the option of the Association such insurance may
also cover additions, alterations or improvements to a
Condominium enit made by an Owner if the Owner reimburses
the Association for any additional premiums attributable to
such coverage.
The Association shall not be obligated to apply any
insurance proceeds to restore a Condominium Unit to a
condition better than the conditions existing prior to the
making of additions, alterations or improvements by an Owner
in the absence of insurance covering such additions,
alterations or improvements as aforesaid.
9.3 Public Liability and Property Damage Insurance.
The Associatlon sEau'cibtairi-'and maintain-comprGh811s:l ve
public liability and property damage insurance covering
personal liability, property damage liability and automobile
personal and property damage liability of the Association,
its officers, directors, employees and agents and of each
O'.-mer and each O".'ner's employees and Guests, arising in
connection wi.th ownership, operation, maintenance, occupancy
or use of the Project or of any Condominium Unit in
the Project with limits of not less than $1,000.00 for
each occurL0 1~2 ~ olving bodily injllry li~11ility and/or
prop,"rty ","';3 "<')ility.
9.4 \'0].""1'",O'S Compensation and Employer's Liability
Insurance. --The-A ssoclatlc;rlsh all '-obta in . and lnaintaln-W:o-ik-
men's cO:T,per;~.ation c.:;1d 2~nployer's liability ins-,--~ranc2 as
rr.ay be n' \-- 0 ,:crnply ....,,1ith applic2ble la.....'s.
9.5 _ .~~_.~_. :~~ by Owners. Except to t11e extant coverdl_;~
therefor may-'f;e-obt'ai,"ed'-by the Association and be satis-
factory to an Owner, each Owner shall be responsible for
obtaining insurance he deems desirable, including, without
limitation, c3sualty insurance covering furnishings and
personal property belonging to that Owner and insurance
covering personal liability of that Owner and that Owner's
employees and Guests. Any insurance policy obtained by an
Owner shall be such that it will not diminish or adversely
affect or invalidate any insurance or insurance recovery
under policies carried by the ~ss0ciation 0nd shall, to
the extent possible, contain a ~aiver of the right of sub-
rogation by the insurer as to any claim against the
Association, its officers, directors, agents and employees
and against other Owners and their employees and Guests.
A copy of any insurance policy obtained by an Owner shall
be furnished to the Association.
9.6 Receipt and Application of Insurance Proceeds.
Except as some particular person has a legal right to receive
insurance proceeds directly, all insurance proceeds and
recoveries shall be paid to and received by the Association.
All insurance proceeds or recoveries received by the
Association shall be applied by the Association: first,
as expressly provided elsewhere in this Declaration; second,
to the Owners or persons whom the Association may determine
are legally or equitably entitled thereto; and third, the
balance, if any, to Owners in proportion to their respective
interests in Common Elements. It is further provided that
in the event of distribution of insurance proceeds for other
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thari rebuilding, that the same should be distributed to the
first mortgagees of record to be applied as a partial
payment an their loan.
9.7 Other Insurance ~ Assaciatian. The Assaciatian
shall have the pawer ar authority to. obtain and maintain
other and additianal insurance caverage, including casualty
insurance covering persanal praperty af the Associatio~,
fidelity bands ar insurance covering employees and agcdts
af the Association and insurance indemnifying afficers,
directors, emplayees and agents af the Assaciation.
9.8 Owner-Increased Premiums. In the event that, as a
consequence()f----u1e-~h;izardou's- use af any Condamini urn Uni t, or
af any Owner-installed improvements to any Candominium Unit,
the premiums af any pal icy af insurance purchased by the
Assaciatian are increased, ar a special palicy is required,
the cast af such increased or specific policy shall be
payable by the Owner of such Condominium Unit. Likewise,
if significant premium cast differentials occur as between
Commercial and Residential Units, the Assaciatian shall
take whatever steps are necessary to. equalize such differentials
between the respective Owners.
9.9 0!a!:i,c;":. t~ !~or:t:9~ayce~ In the event of any
damage ar destruction to. any Condominium Unit, the ;'lL'c.:'-C,:]s
shall send notice of same to each First Martgagee af
record.
X. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND "I;S :C'"
OR SALE OF PROJECT.
10.1 Certain Definitians.
have the fallc',clng defInitions:
The fallowing terms =r,11
(a) Sub~t ~tial and Partial D:'struction. I'Sub5~
Destruction ,-.- 'shai"1---exis-f--whc11e<;er, - as--a:--rc-s.lirt of any clalna;~e
or destructian to. the praject or any part thereof, the excess
af Estimated Costs af Restaratian (as hereinafter defined) ovc=
Available Funds (as hereinafter defined) is 50 percent ~c
of the estimated Restared Value af the praject (as herei~
defined). "Partial Destruction" shall mean any other._
or destructian af the praject ar any part thereof,
(b) Substantial and Partial Candemnatian. "Substantial
Condemnatian" shall exist whenever--;iucornpfetetaking af the
praject has accurred ar a taking af part of the Project under
eminent domain ar by grant ar conveyance in lieu of condem-
natian has accurred, and the excess af the Estimated Casts af
Restaratian aver Available Funds is 50 percent ar mare of the
estimated Restared Value af the Praject. "Partial Condem-
natian" shall mean any ather such taking by eminent do,nain
ar grant ar canveyance in lieu of eminent damain.
(c) Substantial and Partial Obsolescence. "Substantial
Obsolescence" shall exist whenever the praject ar any part
thereaf has reached such a state af absolescence or disrepair
that the excess af Estimated Casts af Restaration over
Available Funds is 50 percent or mare af the estimated
~estared Value af the Praject. "Partial Obsalescence" shall
mean any state af absalescence ar disrepair which does nat
constitute Substantial Obsalescence.
(d) Restaration. "Restaratian", in the case of any
damage ar destructian, shall mean restoratian af the Project
to. a canditian the same ar substantially the same as the
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","'\
'...., .~
condition in which it existed prior to the damage or destruction
in the case of condemnation, shall mean restoration of the
remaining portion of the Project to an attractive, sound and
desirable condition; and, in the case of obsolescence, shall
mean restoration of the Project to an attractive, sound and
desirable condition.
(e) Restored Value. "r\estored Value" shall mean the val"'"
of the ProJect-a:fter-Rcstoration.
(f) Estimated Costs of Restoration. "Estimated Costs
of Restoration" shall meanthe estimated costs of Restoration.
(g) Available Funds. "Available Funds" shall mean
any proceeds-of~nsurance--or condemnation awards or payments
in lieu of condemnation and any uncommitted income or funds
of the Association including funds from the capital reserve
fund and the carry-over reserve fund. Available Funds shall
not include that portion of insurance proceeds legally
required to be paid to any party other than the Association,
including a Mortgagee, or that portion of any condemnation
award or payment in lieu of condemnation payable to the Owner
of a Condominium Unit for the condemnation or taking of that
Owner's Individual Space.
10.2 DeteLmination by the Board. Upon the occurrence
of any damage-or'2festructlon- to the-Project or any part
thereof, or upon a complete or partial taking of the Project
under eminent domain or by grant or conveyance in lieu of
condemnation, the Board of Din'ctors shall make a deb~n,"'i"tic,n
as to whether the excess of Estimated Costs of Restoration ever
Available Funds is 50 percent or more of the estimated
Restored Value of the Project. In addition, the Board of
~~._~,~tl)rs shall, from time to tilne, review the condition -- ~
= (~t to det2rmine \'lhethcr S'Jbstantial Obsolescence CX~ ~
10.3 Restoration of the Project. Restoration of t11c
Project shalT-belJndertaken by the Association without a vote
of Owners in the event of Partial Destruction, Partial Con-
demnation or Partial Obsolescence but shall be undertaken in
the event of Substantial Destruction, Substantial Condemnation
or Substantial Obsolescence only with the consent of the
Owners holding 70 percent of the total voting power in the
Association and the unanimous consent of all First Mortgagees.
In the event the insurance proceeds actually received exceed
the cost of Restoration when such Restoration is undertaken
pursuant to this Article, the excess shall be paid and dis-
tributed to all of the Owners, in proportion of their undi-
vided interest in the Corr~on Elements.
10.4 Sale of the Proje~~ The Project shall be sold in
the event of Substantial Destruction, Substantial Condemna-
tion or Substantial Obsolescence unless consent to Restoration
has been obtained from Owners holding 75 percent of the
total voting power of the Association and the unanimous
consent to Restoration of all First Mortgagees has been
obtained. In the event of such sale, condominium ownership
under this Declaration shall terminate and the proceeds of
sale and any insurance proceeds, condemnation awards or
payments in lieu of condemnation shall be distributed by the
Association to each Owner in accordance with his percentage
interest in the Common Elements. Payments to be made to
Owners hereunder shall be made jointly to Mortgagees as to
Condominium Units which are mortgaged at the time of such
paYr.1ent.
10.5 ~uthority of Association to Restore or Sell.
The Association, as attorney-in-fact-ror each Owner, shall have
full power and authority to restore or to sell the Project
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and each Condominium Unit in the Project whenever Restoration
or sale, as the case may be, is undertaken as hereinabove
provided. Such authority shall include the right and power
to enter into any contracts, deeds or other instruments which
may be necessary or appropriate for Restoration or sale, as
the case may be.
10.6 !,ayment of !,-,:oceeds. All i"Cillr:mce proceeds or
proceeds of sale shall be paid to the Association, as
trustee for all of the OKners and all ~)rtgagees, as the
interest of such Owners and such Mortgagees may appear,
subject to the obligation of the Association to restore th
Project as provided herein.
10.7 Special Assessments for Restoration. Whenever
Restoration-is to be-undertaken~he Association may levy
and collect assessments from each Owner in proportion to
each Owner's undivided interest in the Common Elements,
payable over such period as the Association may determine,
to cover the costs and expenses of Restoration to the extent
not covered by Available Funds. Such special assessments
shall be secured by a lien on the Condominium Unit of each
such Owner as in the case of Regular AsscssJTIents. Notwith-
standing any other provisions in this D0claration to the
contrary, in the case of Substantial D0struction, Substantial
Condemnation or Substantial Obsolescence, any such s0ccial
assessment shall not be a personal obligation of any such
Owner who did not consent to Restora;';,on, but, if not paid,
i-:'Iay be recovered only by foreclosurc= ,) ;.~,,~ lic.:i1 i3.lJainst t112
Condominium Unit of such Owner.
10.8 Receipt and Application u-,- ~1~,-~2_1.:1ation Funds.
All compensation-;-damagesoi- other I'jC':c2';'ec1s-constltutJ:l1g--
a\...'ards for a co::-~~)lc,tr.:~ t2ki:lg of ~~1:(,?, :-:.- . -::t or a taki niJ o(
of the Pr'Jje('t :~'-.;r :~jmirl:?:lt !:'-.F'1..;:D ~- ;:'nt or C')f...',',"":."
in lieu of CO!~~ dtion sh~ll be pa}-,i1~l 0 t}~e Associatior~,
The amount thereof allocable to compensation for the taking o~
or injury to the Individual Space of a particular Condomini~m
Unit or to improvements of an Olmer therein shall be appor-
tioned to the Owner of that Condomini ~ rnit. ~he balance
of the award shall be applied to co",<_,,, 2nd expenses of
Restoration, if undertake]), and, to ~l~c ,~:~tent not so applied,
shall be allocated as follows: First, any portion of the
award allocable to the taking of or injury to COIT@on Elements
shall be apportioned among all Owners in proportion to their
respective undivided interests in the Common Elements;
second, the amounts allocable to severance damages shall be
apportioned to Owners of Condominium Units which were not
taken or condemned, or which were not fully taken or
condemned, in proportion to their respective undivided
interests in the Common Elements as adjusted in accordance
with Article 10.9 hereof; and third, the amounts allocated
to consequential damages or for other purposes shall be
apportioned as the Association determines to be eouitable
under the circumstances. "
10.9 Reorganization in !l1e Event of Conccllnation.
In the event all-of the IndividualSp'ace-of a C-oridomTnium
Unit is taken in condemnation, the Condominium Unit containing
that Individual Space shall cease to be part of the Project,
the Owner thereof shall cease to be a member of the
Association, and the undivided interest in Common Elements
appurtenant to that Individual Space shall automatically
become vested in the Owners of the remaining Condominium
Units in proportion to their respective undivided interests
-22-
'I
(f''''''',
''''.,.,-''
in the common Elements. In the event part of the Individual
Space of a Condominium Unit is taken in condemnation, the
Points attributable to that Condominium unit shall be reduced
in direct proportion to the reduction in square footage of
the Individual Space, and the undivided interests of Owners
in Common Elements and the voting rights and assessment
obligations of all Owners shall automatically be adjusted
according to said adjustment in square footage.
XI. CO!~ONLY OWNED CONDOMINIUM UNITS.
11.1 Commonly Owned Condominium Units. Any Condominium
Unit owned by the Association shall be deemed a "Commonly
Owned Condominium Unit". A Commonly Owned condominium Unit
may be a Condominium Unit acquired by the Association by fore-
closure of liens as provided herein or otherwise. Notwith-
standing the fact that any Condominium Unit may constitute a
Commonly Owned Condominium Unit, it shall not be deemed part
of the Common Elements.
11.2 Votes and Assessments for Commonly Owned
Condominium Units. Notwithstanding any other provisions of
this Declaration to the contrary, for so long as any
Condominium Unit is a Commonly Owned Condominium Unit, there
shall be no regular membership in the Association for that
Condominium Unit; and the Total Points in the Project shall
be reduced, for voting and assessment purposes, by the number
of Points assigned to that Condominium unit. If any
Condominium unit is a Commonly Owned Condominium Unit upon
termination of the condominium ownership of the Project and
dissolution of the Association, the beneficial interest in
such Condominium Unit shall be deemed owned in common by the
then Owners in the same proportion as their respective
interests in the Common Elements.
11.3 Sale of Commonly Owned Condominium Units. The
Association may sell any Commonly Owned Condominium Units
for their then fair market value.
XII. EXPANSION.
12.1 Construction of New Building. Declarant hereby
reserves the right to enlarge the Condominium project by
constructing a Building on the undeveloped portion of the
real property, which it will continue to own alone, provided
that it shall hold any other Owner of a Commercial unit in
the existing Building harmless from any and all costs and
damages, which such Owner may incur, including reasonable
attorneys' fees and court costs, by reason of excavation,
construction or any other activities related to the erection
of such new Building on the Real Property.
12.2 Supplemental Declaration and Map. The supplement
to this Declaration shall provide for the division of the new
improvements into Residential Units, as specified hereinbefore
at Section 2.10 Declarant reserves the right to convey
such separate Residential Units, which are constructed
subsequent hereto, and each such conveyance shall vest in
the grantee thereof a fee simple interest in and to the
Residential Unit, together with a one-quarter appurtenant
fee simple interest in and to all of the common elements
in this Condominium Project. The undivided interest in and
to the Common Elements and the Limited Residential Common
Elements for each new Residential Unit shall become a part
of the Condominium Project created by this Declaration and
Map.
":23-
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'"
XIII.
MISCELLANEOUS
13.1 Duration of Declaration. Each provision contained
in this Declarati,);] which Tssubject to the laws or rules
sometimes referred to as the rule against perpetuities or
the rule prohibiting unreasonable restraints on alienation
shall continue and remain in full force and effect for the
period of twenty-one years following the death of the survivor
of David A. Baxter, Fitzhugh Scott III, John Thomas Kelly
and Stephen A. Ware and the now living children of said
persons or until this Declaration is terminated as herein-
after provided, whichever first occurs. All other provisions
contained in this Declaration shall continue and remain in
full force and effect until condominium ownership of the
Project and this Declaration is terminated or revoked as
hereinafter provided.
13.2 Amendment and Termination. Any provision con-
tained in this Declaration may be amended or changed (a) by
the recording of a written instrument or instruments
specifying the umenClLrent or change executed by Owners who r1c..1\/(J
not less than 70 percent of the total voting power of the
Association, or (b) by Declarant any time prior to con-
veyance of any Condominium Unit. No such amendment or change
shall become effective -!_1n1c5s approved by at lC>71st 75 p,:::c,>?nt
of the First l".1ortS0:'::>"('S of record. No such a!l'!(:"n(J!Til..~nt or C:~l':<'J:J
shall become effective until thirty (30) days after written
notification of such c,"cn>n1(?nt or change is sent to all First
Mortgagees whose n~,"cs and addresses are expressly provided
in a recorded mOl~t~~~2, {~~ed of trust or other lien. Pro-
vi,:J;::d, hO\'_:i'\/c~r, -:(~l.dC(ition and con6ominiu;'rJ ,:;'..;'-;(~:c-
ship ~)f -1::.111" '--, L:. t:<~ -t;~LlninatC?:d or rc\.'cked, ;":'::J..c
3~all this A(J:icl~ ~:1ded, unless all of the C .__2~S
alld all First Mortgagees CO~1s2nt and agree to such termil1atio:1,
revocation or Article 13.2 amendment by written instrument
duly recorded.
13.3 Effect of Provisions of D0claration. Each
provision of-thls D2claration~-and an--agre-e-ment, promise,
covenant and undertaking to comply with each provision of
this Declaration, and any necessary exception or reservation
or grant of title, estate, right or interest to effectuate
any provision of this Declaration: (a) shall be deemed
incorporated in each deed or other i~strument by which any
right, title or interest in the Project or in any Condominium
Unit is granted, devised or conveyed, whether or not set
forth or referred to in such deed or other instrument;
(b) shall, by virtue of acceptance of any right, title or
interest in the Project or in any Condominium Unit by an
Owner, be deemed accepted, ratified, adopted and declared as
a personal covenant of such Owner, and, as a personal covenant,
shall be binding on such Owner and such Owner's heirs,
personal representatives, successors and assigns and, as a
personal covenant of an Owner, shall be deemed a personal
covenant to, with and for the benefit of the Association but
not to, with or for the benefit of any other O'",i1er; (c) shall
be deemed a real covenant by Declarant, for itself, its
successors and assigns, and also an equitable servitude,
running, in each case, as a burden with and upon the title
to the Project and each Condominium Unit and, as a real
covenant and also as an equitable servitude, shall be
deemed a covenant and servitude for the benefit of the Project
-24-
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II
0""
and each Condominium Unit; and (d) shall be deemed a coven,}',+:,
obligation and restriction secured by a lien in favor of the
Association, burdening and encumbering the title to the
Project and each Condominium Unit in favor of the Association.
13,4 Enforcement and Remedies. In addition to any
other remedies herein provideCl,-eaCh provision of this
Declaration with respect to an Owner or the Condominium Unit
of an Owner shall be enforceable by the Association by a
proceeding for a prohibitive or mandatory injunction or by a
suit or action to recover damages. If any court proceedinc;s
are instituted in connection with the rights of enforcement
and remedies provided in this Declaration, the prevailing
party shall be entitled to recover from the losing party its
costs and expenses in connection therewith, including
reasonable attorney's fees.
13,5 Protection of Encumbrancer. No violation or breach
of, or failure to comply with, any provision of this Declara-
tion and no action to enforce any such provision shall affect,
defeat, render invalid or impair the lien of any mortgage,
deed of trust or other lien on any Condominium Unit taken in
good faith and for value and perfected by recording in the
Office of the County Clerk and Recorder of pitkin County,
Colorado prior to the time of recording in said Office of a~
instrument describing the Condominium Unit and listing the
name or names of the owner or owners of fee. si:nplc title;--,
the Condominium Unit and giving notice of such violation,
breach or failure to comply; nor shall 'ouch vi olat ;,on, he,'
failure to comply or action to enforce affect, defeat, ro;
invalid or impair the title or interest of the holder of "
s,.lch mortgage, dC2t-l ~:;f t:r:ust, 01- other lic~n or the titl,;
interest acquired :!lY pU~c!12s2r u~un foreclosure 0'
such mortgage, deed of trllst or eny lien or by deed in l~
of foreclosure or result in any liability, personal or oU:
wise, of any such holder or purchaser. Any such purchaser
on foreclosure or by deed in lieu of foreclosure shall,
however, take subject to this Declaration except only
(a) violations or breaches of, or failun?s to comply with,
provisions of this Declaration which occurred prior to the
vesting of fee simple title in such purchaser shall not be
deemed breaches or violations hereto or failures to comply
herewith with respect to such purchaser, his heirs, personal
representatives, successors or assigns and (b) such purchaser
shall take the property free of any claims for unpaid
Assessments or other amounts against or applicable to the
encumbered Condominium Unit (except for claims for a pro
rata reallocation of such Assessments or amounts to all
Condominium Units including such encumbered Unit).
13.6 Limited Liability. Neither Declarant, the
Association, the Board of Directors of the Association, nor
any member, agent or employee of any of the same shall be
liable to any party for any action or for any failure to act
with respect to any matter if the action taken or failure to 3"t
was in good faith and without malice.
13.7 Successors and Assigns. This Declaration shall
be binding upon and shall inure to the benefit of the
Association, and each Owner and the heirs, personal
representatives, successors and assigns of each.
-25-
II
F
13.8 Certain Taxes. Declarant shall pay the real
estate taxes;an~ssessments, if any, on that part of the
land described in Exhibit "A" which remains undeveloped,
but on which residential units will be subsequently
cl::Jnstructed.
13.9 Severability. Invalidity or unenforceability of
any provisi~~ of this Declaration in whole or in part shall
not affect the validity or enforceability of any other
provision or any valid and enforceable part of a provision
of this Declaration.
13.10
instrument
considered
Captions. The captions and headings in this
are forc~nvenience only and shall not be
in construing any provisions of this Declaration.
13.11 No Waiver. Failure to enforce any provisions of
this Declaration shall not operate as a waiver of any such
provision or of any other provision of this Declaration.
13.12 Further Assurances. The Association and each
C .n'er '1Cceby-a;~;:-,~e-to ,la- such further acts and execute and
3eliver such fllrtller instruQcnts as Ioay reasonably be
required to effectuate the intent of this Declaration.
13,13 h'ord Usage. The use of the "1asculine gender
}.l;:~-cz:=;if1 shall--be-deenlecC-to incllL1,~ the feminine and neuter
genJers and the use of the singular shall be deemed to
j:c':lude the plural, whenever the text so requires.
" ",",ESS \';HEREOF, Declarant has executed this
.,~ the day and year fi~st above written.
SPRING STREET ASSOCIATES, a
Colorado partnership
By:
David-A,
Baxter
John Thomas'Kelly
ITS PARTNERS
-26-
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. "
,# "\.
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
this
Baxter,
Stephen
The foregoing instrument was acknowledged before me
day of , 1977, by David A.
Fitzhugh Scott III, John Thomas Kelly and
A. \^7are.
Witness my hand and official seal.
My Commission expires:
Notary Public~--
-27-
II
EXHIBIT ".1\"
TO
CONDOMINIUM DECLARATION,
FOR
THE SPRING STREET CONDOMINIUMS
Fractional Lot 8 and all Lot 9, Block 29, EAST ASPEN
ADDITIONAL TOWNSITE, and Fractional Lot H, Block 98,
CITY .'\1-lD TOHNSITE OF ASPEN, County of Pitkin, State of
Colorado.
Unit
Numbe~-
C-l
C-2
C-3
C-4
R-l
R-2
j I
.. \
~
EXHIBIT "B"
TO
CONDOMINIUM DECLARATION
FOR
THE SPRING S~REET CONDOMINIUMS
Appurtenant Undivided
Irlterest-Tn-CoITll'lOl1~
Elements
Appurtenant Undivided
Int~st:in Limite~
Commercial Common
Elements.
11. 5%
23%
13.0%
26%
18.0%
36%
7.5%
50.0%
15%
100%
Appurtenant Undivi~ed
Inte-rest-:CnLiffiI te-a.-
Residential Common-
Elements.
25%
.50%
25%
100%
50%
-1 i5~cj~%
__^",.___.__.,c,.,___.."_""...~._...._~..~~,,_,..,...
,
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M E M 0 RAN DUM
TO:
FROM:
RE:
DATE:
Aspen City Council
Planning Office (KS)
Spring Street Associates - Subdivision Exemption Application
November 22, 1977
Before you is a request for subdivision exemption by Spring Street
Associates involving the property at the southwest corner of Spring and
Main Street. The property is zoned C-l. The application departs from
the typical exemption request in that it involves an existtng cOlTlllercialj
office structure and a duplex residential structure, the latter of which
is yet to be built. The existing structure straddles two city lots for
a total of 6,000 square feet of lot area. A duplex can be built on the
property provided that it complies with the new C-l FAR of 1:1 and all
other relevant bulk requirements of the zone district. As you probably
know, that portion of theland on which a duplex is to be built is now
vacant after the removal of a single family house. A variance has been
received from the contiguous open space requirements - the variance was
necessary because of the protrusion of a garage into the open space.
Although not required by the C-l zone district, applicants plan to
locate parking below the duplex building.
While the application is to be conisdered at one time, the actual
condominiumization will occur in two phases. The first filing for
record will show the existing improvements, easements, etc. with the
northerly portion of the lot reserved for the duplex structure. Upon
completion of construction of the residential phase, a supplementary
condominium map will be filed of record showing all improvements,
including the new ones. The applicants have promised to resubmit their
plans, to the Planning Office in the event of any material change.
We suggest that you make this a condition of approval as we might want
to re-process the exemption application should any such change occur.
The existing property contains 4 units which are to be condominiumized.
They are now occupied by a graphic arts studio, a color photo development
lab, Code A Color Filing Systems, and a law office. The condominium
declaration is drafted to encompass both the commercial and residential
units providing that each unit will own undivided fee simple interests
in the limited commercial and residential common elements. We have
referred a copy of these arrangements to the City Attorney for her
review and she has offered the suggestion that any conditions of approval
such as a 6-month lease restriction be included in the declaration. A
subdivision exemption agreement should be drafted which would also
encompass any conditions of approval.
Dave Ellis has reviewed the application
will meet subdivision design standards.
application.
and certifies that it has or
He recommends approval of the
In the course of discussion before the City Planning and Zoning Commission,
the question of appropriate park dedication fee arose. Since a single
family house was previously located on the lot, it was suggested that a
credit toward the fee might be given for the house. We are asking the
City Attorney to comment.
-___.___~.__~~~"I ,...,c.~..~.,>....,._..__._
,
Aspen City Council
Page Two
November 22, 1977
Inasmuch as the purposes of subdivision regulations will be met, the
Planning and Zoning Commission recommended approval on November 15th
based on the following conditions:
1. Payment of the appropriate park dedication fee which shall
be calculated according to rules for mixed residential
and commercial development (Section 20-18 a.c., Municipal
Code) .
2. Six month minimum lease restriction on the residential
units.
3. That any material change in duplex plans be resubmitted
to the Planning Office for a determination whether further
approvals are necessary.
Better maps will be brought to the meeting.
lmk
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M E M 0 RAN 0 U M
TO: Aspen Planning and Zoning Commission
FROM: Planning Office (KS)
RE: Spring Street Associates - Subdivision Exemption Application
DATE: November 10, 1977
Before you is a request for subdivision exemption by Spring Street
Associates involving the property at the southwest corner of Spring and
Main Street. The property is zoned C-l. The application departs from
the typical exemption request in that it involves an existing commercial/
office structure and a duplex residential structure, the latter of which
is yet to be built. The existing structure straddles 'two city lots for
a total of 6,000 square feet of lot area. A duplex can be bui 1t on the
property provided that it complies with the new C-l FAR of 1:1 and all
other relevant bulk requirements of the zone district. As you probably
know, that portion of the land on which a duplex is to be built is now
vacant after the removal of a single family house. A variance has been
received from the contiguous open space requirements - the variance was
necessary because of the protrusion of a garage into the open space.
While the application is to be considered at one time, the actual
condominiumization will occur in two phases. The first filing for
record will show the existing improvements, easements, etc. with the
northerly portion of the lot reserved for the duplex structure. Upon
completion of construction of the residential phase, a supplementary
condominium map will be filed of record showing all improvements,
including the new ones. The applicants have promised to resubmit their
plans, to the Planning Office in the event of any material change.
We suggest that you make this a condition of approval as we might want
to re-process the exemption application should any such change occur.
The existing property contains 4 units which are to be condominiumized.
They are now occupied by a graphic arts studio, a color photo development
lab, Code A Color Filing Systems, and a law office. The condominium
declaration is drafted to encompass both the commercial and residential
units providing that each unit will own undivided fee simple interests
in the limited commercial and residential common elements. We are
referring a copy of these arrangements to the City Attorney for her
review.
Dave Ellis has reviewed the application
will meet subdivision design standards.
application.
Inasmuch as the purposes of subdivision regulations can be met, the
Planning Office recommends approval subject to:
and certifies that it has or
He recommends approval of the
1. Payment of the appropriate park dedication fee which
shall be calculated according to rules for mixed resi-
dential and commercial development (Section 20-18 a.c.,
Municipal Code).
2. Six month minimum lease restriction on the residential
units.
3. That any material change in duplex plans be resubmitted
to the Planning Office for a determination whether further
approvals are necessary.
II
-"".'....
"'.,.;.'
MEMO
TO: KAREN SMITH
PLANNING
FROM:
DAVE ELLIS
ENGINEERING ~
DATE:
November 9, 1977
RE: Subdivision Exemption Request
Lots 8 & 9, Block 29, East Aspen
After reviewing the above request submitted by Spring St.
Associates, it is apparent that all subdivision design
criteria have been met, or will be met, without full
subdivision review. We therefore recommend granting the
applicant's request for an exemption.
jk
II
.""
--'
FITZHUGH ScOlT 1/1
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX t811S
ASPEN, COLORADO 81811
TEL.!:PHONE {3031 9215.1216
November 9, 1977
Ms. Karen Smith
Pitkin/Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Spring Street Associates
Subdivision Exemption Application
Dear Karen:
Further to our captioned application, this is to
explain that:
1. We desire to obtain subdivision approval with
respect to the entire "condominium project", which is
comprised of both lots and consists of the existing
commercial-office building situated on the south half
thereof and the proposed residential duplex building
to be constructed on the north half.
2. When finalized by Tri-Co, we will file for
record our Condominium Map, showing all existing
improvements, easements, etc. on the subject property
and reserving the approximate northerly one-half thereof
for the proposed expansion or duplex structure phase.
Upon substantial completion thereof, we will file for record
a Supplementary Condominium Map showing all of the new
and completed improvements on the subject property.
Initially we will also file for record our basic Condo-
minium Declaration (a copy of our proposed version of
which is herewith enclosed). We will file such supple-
ments thereto as are required, if any, upon completion
of the duplex building.
/
-~-II..
.
I'
"
.......
-
Ms. Karen Smith
November 9, 1977
Page 2
In the event that our duplex plans materially
change we will contact your office to see what, if
anything, would be required for conforming our requested
subdivision approval to such changes in plans.
Let me know if you need anything else now.
Yours very truly,
~
Fitzhugh Scott III
FS/jeo
enc.
,..""
.....,.......
.
FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 18115
ASPEN. COLORADO B Ie 11
TI:LEPHONE: (303) 92!5.12H5
October 21, 1977
Mr. David Ellis
Ms. Karen Smith
Pitkin/Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Spring Street Associates Application
for Exemption from Subdivision Regulations
Dear David and Karen:
Enclosed in this captioned matter is the application
of Spring Street Associates for exemption from subdivision
regulations, together with a site plan taken from the
architectural plans for the proposed residential duplex
structure and a preliminary condominium map for the Spring
Street Condominiums in connection with the existing
commercial office building. As soon as I receive it back
from the architects, I will send you our official improve-
ment survey and, when ready in the next few days, I will
forward to you our proposed Condominium Declaration.
Would you please undertake your combined review of
this application and keep me posted in the near future.
Thanks for your help.
Yours very truly,
~..
Fitzhugh Scott III for
Spring Street Associates
FS/jeo
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APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS
Pursuant to Section 20-19 of the Aspen Municipal
Code, Applicant (Spring Street Associates, a Colorado
partnership) makes this application to the Aspen Planning
Commission for exemption from subdivision regulations
in connection with its two-phased condominium project.
The application fee in the sum of $50.00 is enclosed
herewith.
Applicant is the owner in fee simple of two standard
sized city lots located at 117 South Spring Street in
Aspen, Colorado, more specifically described as:
Fractional Lot 8 and all Lot 9, Block
29, East Aspen Additional Townsite,
and Fractional Lot H, Block 98, City
and Townsite of Aspen.
Applicant purchased the subject property from Bob and
Judy Smith on November 1, 1974, together with the existing
improvements situated thereupon consisting of a 3,400
square foot commercial-office building and a single family-
two bedroom house, which was recently somewhat prematurely
removed from the property in anticipation of the construction
this fall of the residential duplex building mentioned herein-
after. The subject property consists of 6,000 square feet,
as can be seen from the improvement survey, which is enclosed
with this application.
Since acquisition of the property and its improvements,
applicant has leased out the four units of the existing
commercial office building to the following tenants:
Unit 1, Brown-Wolf Enterprises, a graphic art studio; Unit 2,
Resolution, Inc., a color photo development laboratory;
Unit 3, to Code A Color Filing Systems; and Unit 4 to the
Spring Street Law Office (Ware, Scott, Kelly, Van Ness and
Crumpacker). Until recently the single family house has also
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been leased to various residential tenants.
Applicant has developed plans for the future develop-
ment of the northerly half of the subject property, which
development will consist of the construction of a residential
duplex building, as is shown on the enclosed site plan,
a part of a complete set of final architectural plans and
specifications. The rest of said architectural plans and
specifications is easily available upon request.
Applicant plans to create a two-phased Condominium
Project, pursuant to a standard condominium declaration and
map, in accordance with the statute. The declaration and
preliminary condominium map are enclosed herewith. The
first phase of the Condominium Project consists of the
conversion of the existing commercial-office building into
a condominium-type building. The second phase of the
Condominium Project will include the proposed residential
duplex building.
In connection therewith, Applicant will
submit an additional condominium map and secondary declaration,
if necessary, in order to comply with the condominium statute.
The open space and landscaping aspects of this entire
proposed project have been reviewed and approved by the
Aspen Board of Adjustment, pursuant to their variance
granted to the Applicant last summer of 1977. The land-
scaping and related plans incorporated in said variance
are on file with the Aspen Board of Adjustment. Applicant
has additional plans in this regard, which are available upon
request.
Phase 1 of the Condominium Project will result in no
increase or changes with respect to use and/or density
of the existing commercial-office building. The primary
-2-
'I
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.......,;'.
purpose of the conversion is to change the form of owner-
ship of the building in order to sell to an existing tenant
the downstairs commercial units therein, pursuant to an
existing purchase and sale agreement between the tenant,
Mel Seid of Resolution, Inc., and the Applicant. Phase II
of the Condominium Project (the construction of the proposed
residential duplex building) will in net effect increase
the residential density of the subject property from one
single family (two bedroom) unit to two single family (two
bedroom) units.
Regarding design standards and other related improve-
ments, Applicant submits that the property is presently
served by Aspen electric and water service, Aspen Metropolitan
Sanitation District service and is completely bounded by
improved, paved alleys in the rear and by Spring Street
and Main Street on both perimeters. Applicant plans, as
per its commitments with the Board of Adjustment, to install
appropriate sidewalks on Spring and Main Streets and to
construct improvements around the trash dumpster in connection
with its proposed construction of the residential duplex in
the spring of 1978.
Based on the foregoing, Applicant submits that the
granting of an exemption to the Applicant from subdivision
regulations in connection with its proposed two-phased
Condominium Project will not be detrimental in any way to
the public welfare or injurious to other properties in
the area and would be fair and logical in consideration of
the existing circumstances and completely consistent with
spirit of the subdivision regulations contained within the
Aspen Code.
Respectfully submitted,
(:A~
h cott III for Applicant,
Street Associates
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FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 18111
ASPEN. COLORADO 8 HSI 1
TEI-!:"HONE (303) 928.1218
June 21, 1977
Ms. Dorothy Nuttall
City Attorney
130 South Galena Street
Aspen, Colorado 81611
Re: Spring Street Associates'
duplex project
Dear Dorothy:
At our preliminary meeting with Bill Kane and
Joe Wells last Friday regarding the above project
plan of Buzzy's and mine, we all mutually decided
that the project (a proposed residential duplex
building on the north end of our two lots, coupled
with an exterior remodel-beautification of the
existing office building) was not a project ever
intended to be covered by the administrative delay
attendant to the Growth Management Plan adoption
process.
with reference to Bill Kane's January 10, 1977
memo regarding "Clarifications to Building Delay
Memorandum", paragraphs 4 and 5 apply to our situation.
Specifically, our duplex building is exactly the same
thing as any proposal to construct a duplex-type house
or structure in an area, such as the Snowbunny Sub-
division area. Any subdivision involved will be by
way of a technical exemption type situation later on
and attendant to either a standard condominium process
or a Declaration of Restrictions type arrangement for
the legal reorganization and use of the separate
buildings on our two lots.
- ,I '
t'
,
-,,.,.,
Ms. Dorothy Nuttall, City Attorney
June 21, 1977
Page 2
Based on this mutual feeling about the building
permit situation, we are now having our architect
proceed full speed ahead with the preparation of
final working drawings in order for us to be able to
submit an application for a building permit for the
duplex-remodel project. The purpose of this letter
is to confirm with you our understanding that this
way of viewing the building delay situation with
reference to our plans is legally copasetic. If you
have any qualms about this situation, would you let
me know right away.
Yours very truly,
Fitzhugh Scott III
FS/jeo
cc: Gordon Pierse
Bill Kane,/
P.S.
Realizing that you were not around in January
as City Attorney, I am enclosing a copy of the
referenced Kane memo on the administrative delay
clarification.
CUSTOMER
CITY OF ASPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
01-111 LICENSES & PERMITS
511 0 BUSINESS LICENSES
512 0 SALES TAX LICENSES
513 0 BEER - WINE, LIQUOR LICENSES
514 0 CONTRACTOR'S LICENSES
516 0 LIQUOR LICENSE APPLICATION
517 0 DOG LICENSE
518 0 CENTRAL ALARM LICENSE
519 0 BICYCLE LICENSES
520 0 EXCAVATION PERMITS
521 0 CONSTRUCTION PERMITS
522 0 ELECTRICAL PERMITS
523 0 PLUMBING PERMITS
524 0 HEATING PERMITS
525 0 SEPTIC TANK PERMITS 01-988-632-03 0 XEROXING (DESCRIBE)
/ ,
tZI~THER -ACCT, No,Q-1 \ l-<;=bb-DL}-_
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';C"::>l_tXJ i UI:":.,,\CI) ,~:)(9i)P.
DESCRIPTION, (NAME, NUMBER, ETC.),
01-111 FINES & FORFEITS
561 0 COURT FINES
562 0 COURT BONDS - FORFEIT
563-01 0 TOWING FINES - IMPOUND
563-02 0 TOWING FINES - NOT IMPOUND
564 0 TRAFFIC FINES
566 0 FALSE ALARM FINES
568 0 DOG IMPOUND FINES
569 0 OTHER FINES & FORFEITS
01-111 OTHER MISe. REVENUES
579 0 MAPS, CODES, ZONING REGS,
589 0 OTHERS (DESCRIBE)
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CASHIER VALIDATION
RECEIVED FROM
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Name of Project:
FEE SCHEDULE
(Subdivision, Exemption from Subdivision, Park Dedication)
Spring Streets Associates
Address:
117 South Spring Street
Fitzhugh Scott III (Tam Scott)
Applicant's Name:
Applicant's Address:
925-1216
117 South Spring Street
Phone:
FOR ZONES WHICH ARE R-15, R-30, R-40, RR and CONSERVATION the Subdivision
Fee Formula is as follows:
Conceptual $100 + $5:00/dwelling unit
Preliminary $22.00/dwelling unit
Final $3.00/dwelling unit
FOR ALL OTHER ZONES the Subdivision Fee Formula is as follows:
Conceptual
$100 + $60.00/acre of land
Prel imi nary
$280.00/acre of land
Final
$35.00/acre of land
EXEMPTION FROM THE DEFINITION OF SUBDIVISION FEE: $50.00
10-26-77 (received)
current lnari;ct \'il.luQ of il PCJ:c('l1(ilge of tlte
l.:\nd Pl'CPOSCJ as 1-h... dp\.('lo!-'l:lcnt si tet the
1','r<.':enta~JC of Ul(' land b.,ill'1 det(,nninl'(l ilL the
r<lte of h,'o .l1H1 on,'-lLillf (2'j) acres for {'very
OIH: thous'-:1nd (J ,000) rC'sidenls of the I'l-oposed
dc'v(']OiJlncnt (lhdt il>, the numbr'l" of residents
multiplit'U by h';C'l1ty-five tell thousandth.';
(.0025) of ,In acre pC'l" r('sidenl). Tilt::" number
of residcmts iltt}'ilJutable to lhl.' dC'\'C'lo;~n\('nt
shall be calculated in the follo....'in<) In.::lnncr:
PARK DEDICATION FEE SCHEDULE
!:l'pe o~D.....ell-!c~
Nurnhcr of Rc'sidc'nts
F";r-J)wc.7ff:r;~1~Tlll-i t ---
~lul ti -ramily
studio
one Iwdro0ffi
b,",o hl'Ur00m
thre(' b0droom
and 1.3 [or l'ilch ildditional
1.0
1.3
2.7
4,0
bedroom
Single Fillrd 1 y or Duplex
one b,)dl"OO!~
t\\.o bcdroOi;t
three !J('clrc,e':1I
and 1.3 for L'dell audi tion.:!.l
1.3
2.7
4.0
bedroom
A duplex slnlcturr> sh,-ill con!>titute h:o dwelling
units [or the pu':p0se:-; ot this ~ubscc:tioll.
(3) An (')(il[1',,1e o[ the iLPi,Jit:ation of the ahove
[unuU}.l i:; in; [ollo\-,n:, assllming llll' construct-ioll
of Ollt' :<in91L' L~mily l-('~;iJl'nC(. L'ont<dnin'] t"'"O
b,'drocw,;; ('l"t (I lot cOIl{-.linillq 1~,OOO ;;'jllare fcct
,,:ith il tl,lr~;Llt v,']u,:." of $6S,OOO.OO (01 $4.33 pL'r
SgU<il"P I ~)ol) :
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2.7 (2 b"orOPffi" 2.7 l'f'f:idf.'lltS) X 0.0025 ,lcres
X 43,SG{l (!;ql1;ll"l~ fect: per nerd x S4.33 (m.lr-
k('t valli,' of LInd per nqUi1.r0 foot) ~ $1,273.1:'
(I.>) Unjr.lpro\"('J lil.lld !;)1"111 h(' npprai !;<"rl il t: the
current lr..-lrk{'t" v,due 0: the' f;i t.e .incl\1dil1<J ilt: v:\luc
"ttribut;dlJ" to curb, quUl'lS, ,;tu'('t, !,ide.....("'\1k
lInti l:tiliUr"'; it ill:;\idl,'d on the d;it(' or l'l'nnit
j S~:II<lIlC(,. JI!1111'nv\'d 1 i1:II]c: :;)ld] 1 ,,~~ ilppr,Jj ;;\'ll dceordilli;
to tl\f'jr hi"!I{.st 11tH] IJ("~;t U~A' till-.inq illto COllHjdf'l-"-
tion (,),;i,;lil',tj :;\luclllrl'~: ",'IIL,t.l"'l" (n" Hot tl,,-'y ,Ire
('(ll1foll\.in<J. ~l"llk"t. villlh' 1Il,IY Ill' ['Ubf;lall! Lltt"rl by
a d('l'\lilh'lIll',j f'llrc!liJs,' l'ril'l' (jf 1m ilt"!II"; ].'n~fth
tri\!I'.;'C\ iU11 ll<"t 11I,~~v LilitH II",' y(',lrn old). ('1- hy illl'i
ot!J,_r rl'c(h'jni,:t'J !;l':dllf'l ,lrll\"id",l th,Lt. ,,!";",,"',!;l'c1
V.:l11!<-ILi('1\ :;h.lll not 1,(' r.,]i,'d {'1I il:; "l'i(h"lW~' of
CIII"'llil 11I,111.('1 \",1111<'. "Ill lhl' C'Vl'lIt tlor. i.'ity ,tnLl
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FITZHUGH SCOTT 11I
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX IS 15
ASPEN. COLORADO SI611
TELEPHONE (303) 92!5.12Ie
October 21, 1977
Mr. David Ellis
Ms. Karen Smith
Pitkin/Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Spring Street Associates Application
for Exemption from Subdivision Regulations
Dear David and Karen:
Enclosed in this captioned matter is the application
of Spring Street Associates for exemption from subdivision
regulations, together with a site plan taken from the
architectural plans for the proposed residential duplex
structure and a preliminary condominium map for the Spring
Street Condominiums in connection with the existing
commercial office building. As soon as I receive it back
from the architects, I will send you our official improve-
ment survey and, when ready in the next few days, I will
forward to you our proposed Condominium Declaration.
Would you please undertake your combined review of
this application and keep me posted in the near future.
Thanks for your help.
Yours very truly,
~J. bk--.
Fit hugh Scott III for
Spring Street Associates
FS/jeo
enc.
APPLICATION FOR EXEMPTION FROM SUBDIVISION REGULATIONS
Pursuant to Section 20-19 of the Aspen Municipal
Code, Applicant (Spring Street Associates, a Colorado
partnership) makes this application to the Aspen Planning
Commission for exemption from subdivision regulations
in connection with its two-phased condominium project.
The application fee in the sum of $50.00 is enclosed
herewith.
Applicant is the owner in fee simple of two standard
sized city lots located at 117 South Spring Street in
Aspen, Colorado, more specifically described as:
Fractional Lot 8 and all Lot 9, Block
29, East Aspen Additional Townsite,
and Fractional Lot H, Block 98, City
and Townsite of Aspen.
Applicant purchased the subject property from Bob and
Judy Smith on November 1, 1974, together with the existing
improvements situated thereupon consisting of a 3,400
square foot commercial-office building and a single family-
two bedroom house, which was recently somewhat prematurely
removed from the property in anticipation of the construction
this fall of the residential duplex building mentioned herein-
after. The subject property consists of 6,000 square feet,
as can be seen from the improvement survey, which is enclosed
with this application.
Since acquisition of the property and its improvements,
applicant has leased out the four units of the existing
commercial office building to the following tenants:
Unit 1, Brown-Wolf Enterprises, a graphic art studio; Unit 2,
Resolution, Inc., a color photo development laboratory;
Unit 3, to Code A Color Filing Systems; and Unit 4 to the
Spring Street Law Office (Ware, Scott, Kelly, Van Ness and
Crumpacker). Until recently the single family house has also
been leased to various residential tenants.
Applicant has developed plans for the future develop-
ment of the northerly half of the subject property, which
development will consist of the construction of a residential
duplex building, as is shown on the enclosed site plan,
a part of a complete set of final architectural plans and
specifications. The rest of said architectural plans and
specifications is easily available upon request.
Applicant plans to create a two-phased Condominium
Project, pursuant to a standard condominium declaration and
map, in accordance with the statute. The declaration and
preliminary condominium map are enclosed herewith. The
first phase of the Condominium Project consists of the
conversion of the existing commercial-office building into
a condominium-type building. The second phase of the
Condominium Project will include the proposed residential
duplex building. In connection therewith, Applicant will
submit an additional condominium map and secondary declaration,
if necessary, in order to comply with the condominium statute.
The open space and landscaping aspects of this entire
proposed project have been reviewed and approved by the
Aspen Board of Adjustment, pursuant to their variance
granted to the Applicant last summer of 1977. The land-
scaping and related plans incorporated in said variance
are on file with the Aspen Board of Adjustment. Applicant
has additional plans in this regard, which are available upon
request.
Phase 1 of the Condominium Project will result in no
increase or changes with respect to use and/or density
of the existing commercial-office building. The primary
-2-
,
purpose of the conversion is to change the form of owner-
ship of the building in order to sell to an existing tenant
the downstairs commercial units therein, pursuant to an
existing purchase and sale agreement between the tenant,
Mel Seid of Resolution, Inc., and the Applicant. Phase II
of the Condominium Project (the construction of the proposed
residential duplex building) will in net effect increase
the residential density of the subject property from one
single family (two bedroom) unit to two single family (two
bedroom) units.
Regarding design standards and other related improve-
ments, Applicant submits that the property is presently
served by Aspen electric and water service, Aspen Metropolitan
sanitation District service and is completely bounded by
improved, paved alleys in the rear and by Spring Street
and Main Street on both perimeters. Applicant plans, as
per its commitments with the Board of Adjustment, to install
appropriate sidewalks on Spring and Main Streets and to
construct improvements around the trash dumpster in connection
with its proposed construction of the residential duplex in
the spring of 1978.
Based on the foregoing, Applicant submits that the
granting of an exemption to the Applicant from subdivision
regulations in connection with its proposed two-phased
Condominium Project will not be detrimental in any way to
the public welfare or injurious to other properties in
the area and would be fair and logical in consideration of
the existing circumstances and completely consistent with
spirit of the subdivision regulations contained within the
Aspen Code.
Respectfully submitted,
Ctr~
h cott III for Applicant,
Street Associates
-3-
,
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,
.
FITZHUGH SCOTT III
ATTORNEY AT LAW
117 SOUTH SPRING STREET
POST OFFICE BOX 18 UJ
ASPEN. COLORADO 81 e; II
TELEPHONE (303) 92!S.1216
June 27, 1977
Ms. Karen Smith
Aspen/Pitkin Planning Office
130 South Galena
Aspen, Colorado 81611
Re: Spring Street Associates
Dear Karen:
As per our preliminary drawings, the enclosed
stairwell at the top of the duplex exceeds the 32 foot
C-l height limitation by one-half of a foot. The rest
of the building is about 4.5 feet under the limitation.
These measurements are calculated from and based
on our estimations of raising the "natural, undisturbed
ground slope" by two feet from the existing level.
The purpose of this increase is to better enable us to
provide for underground parking, eliminate a steep ramp
driveway thereto, and to improve the overall appearance
of the building by way of visually diminishing the over-
all height appearances of the building, enhancing our
landscaping potential and tying the new structure together
with the existing building.
The enclosed stairwell portion of the roof is
designed that way for aesthetic purposes. The P & z
resolution of April 2, 1976 at paragraph g, page 3,
provides for height limitation adjustments in some
instances to encourage variations in building heights and
to eliminate monotonous skylines and to provide view
planes around structures.
,
Ms. Karen Smith
Aspen/Pitkin Planning Office
June 27, 1977
Page 2
Our duplex plans fit into this scheme of
things. Accordingly, I respectfully request that
you arrange for the special review procedures so as to
enable us to seek approval of our preliminary plans
with respect to this minor height limitation problem.
Specific drawings showing height aspects will follow
shortly.
Yours very truly,
~{jA)A
Fitzhugh Scott, III
FS/jeo
cc: Clayton Meyring