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HomeMy WebLinkAboutcoa.lu.ex.Gaudino, Lot 20 West Aspen FilingGAUDINO Lot 20, West Aspen, Filing 1 I E 11 GGCeZI September 2, 1975 John Kelly, Esq. Oates, Austin & McGrath Attorneys -at -Law P. O. Box 3707 Aspen, ,:o. 81611 Re: Gaudino Exemption Dear John: lease find enclosed the original of the Statement of Exemption requested for the Gaudino duplex. Very truly yours, "andra 14. Culler City Attorney SS/pk Eno. :"c : Y. Hauter B. Kane STATEMENT OF EXEMPTION Y7HEREAS, there has been filed an application from the definition of subdivision for the conveyance by William Gaudino of two undivided interests in an existing duplex situate on the following described tract located in Pitkin County, Colorado, to wit: Lot 20, West Aspen Subdivision, Filing No. 1, City of Aspen, Pitkin County, Colorado, and WHEREAS, Section*20-1.9(b) of the Municipal Code of the City of Aspen authorizes the City Council to exempt the parceling of interests in land from the definition of subdivision when, in the judgment of the City Council, such division is not within the intents and purposes,of the subdivision regulations, and WHEREAS, the City Council has determined that the intended parceling of the tract into two undivided interests is without the intents and purposes of the regulation inasmuch as (1.) all ul.ilities and improvements have been installed, (2) the improve- ment of the property has already occurred, (3) no dedication fees are required for the condominiumization or construction of a duplex, (4) the interests to be acquired by the conveyance are similar to holding the tract as tenants in common, a recognized. exemption to the definition of subdivision, and (5) no objectives of subdivision review will be defeated by this grant of exemption, THEREFORE, the Aspen City Council, pursuant to action taken at its regular meeting held August 25, 1975, and subsequent to an affirmative recommendation of the Planning Commission, does declare the intended conveyance without the intents and purposes of its subdivision regulation and grants an exemption therefrom pursuant to Section 20-19(b) of the Aspen Muni Date 2 Iq 7`j J S'-acy Stan ATTEST: a Kathryn' Hauter City Clerk r i� yor L JS Regular Meeting Aspen City Council August 25, 1975 Kistler told Council he had been told by the planning office that Mollica's appraisal would be satisfactory. lie had not received the appraisal until 4:30 this afternoon. Kistler said if Mollica's appraisal is satisfactory, he will waive the appeal to P & 7. Mayor Standley said the City Council. cannot piss a final. subdivision approval witlx)ut the determination of the dedication. Mayor Standley added that the City Council has never determined a dedication fee. Councilwoman Pedersen moved to table final subdivision approval; seconded' by Councilman De Gregorio. All in favor, motion carried. PARK CIRCLE. - Final Subdivision Approval Hal Clark of the planning office told Council this subdivision is located on Lot 2 of Sunny Park, will contain 12 one -bedroom units, and is zoned R/MF. Clark told Council this project obtained an exemption from mandatory PUD from ,the P & Z, and approval of the subdivision plat. The planning office recommends approval subject to the satisfaction of the city engineer; completion. of the subdivision improvement . agreement; marketing'of units pursuant with an agreement negotiated with the City/ County Housing Authority. Mayor Standley opened the public hearing. Council.man De Gregorio asked if the cash payment in lieu of land dedication had been figured. Jenkins, developer of this project, said the cash payment could be figured on what he paid for the land on the regular formula. Clark said the dedication had not been figured out, but he did not expect a problem. Jenkins said the value of the land is established because he bought it only three months ago. Brian Goodheim, Housing Officer, told Council he had had nothing but cooperation from Jenkins in this project. Goodheim stated he was all for the project. Jenkins said he had designed this project to accomplish the objectives he had heard in.P & Z and Council. He feels this kind of housing.is needed. Mayor Standley closed the public hearing. Councilman De Gregorio moved to approve' the final subdivision plat with the conditions listed by the planning office and the land dedication fee; seconded by Councilwoman Pedersen. All in favor, motion carried. CENTENNIAL PARK - Final Subdivision Approval Mayor Standley opened the public hearing. Hal Clark told Council this is 9 one -bedroom condominiums units located on 12,000 square feet east of the Larkspur condominiums. This project received stream margin review approval. The planning office recommends approval of the project with the stipulations of the city engineer; also limitation of occupancy to six months or greater. Clark explained to Council there would be an extra sheet on the final plat to show the configuration of the units. Earlier Council had objected to the configuration of these units because of conversion possibilities to two -bedroom. Clark said the project developer had basically agreed to pay the appraised value for the dedication. Bayard Hovdesven said he had no problem with the stipulations although he had not anticipated the six month clause. f I There were no further comments: Mayor Standley closed the public hearing. � iI Councilman De Gregorio asked the price of the units as contemplated for sale. Hovdesven answered about $45,000. Councilman Behrendt moved to approve the final subdivision. plat based on the conditions of the planning office and the agreement to pay the subdivision dedication fee; seconded by Councilman Parry. All in favor, motion carried. i GAUDINO DUPLEX - Exemption from Subdivision i City Attorney Stuller had submitted a memorandum to Council explaining the request for exemption. John Kelley told Council this exemption in no way changed any use. Councilwoman Pedersen moved to grant the exemption; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE #51, SERIES OF 1975, Monies for the Meadowood Pipeline Mayor Standley opened the public hearing.. City Manager Mahoney told Council Henry Pedersen was working on the project. Mahoney also said that this is all the money he wanted for the Meadowood project.. Mayor Standley closed the public hearing.' Councilwoman Johnston moved to read Ordinance #51, Series of 1975; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE 451 (Series of. 1975) AN ORDINANCE APPROPRIATING 'PILE AMOUNT OF ONE THOUSAND FIVE HUNDRED ($1,500.00) h��1 L- ��l' f'lJi1i` r;�)I'ttIA'1'lif) WA11I:1: PLANT INVESTMENT 1'ECS FOR TilE lZE" I'OUATION OF Till: d1.1RUUN-MEAUOWOUD P111LL1.NL•' EASL•'ML•'NT was read by the_ City Clerk Councilwoman Johnston moved to adopt Ordinance #51, Series of 1975, on second reading; seconded by Councilman Parry. Roll Call vote; Councilmembers Johnston, aye; Parry, aye.; Wishart, aye; Behrendt, aye; De Gregorio, aye; Pedersen, abstain; Mayor Stnndlcy, aye. ' Motion carried. ' .so • .. � � ._ "1YY'Rn Y.'..» t.d�'17�-` . :dNe"•e�W['w w_ FV�.. ''.4hiLN�S�ffi-� ..., _..e. �.r r...•�. � L'. LEONARD M. OATES RONALD D. AUSTIN J. NICHOLAS MCGRATH JR. WILLIAM R. JORDAN III ANDREW V HECHT • 40 LAW OFFICES OATES, AUSTIN Sc MCGRATH 600 EAST HOPKINS STREET BOX 37C7 AsPENI COLORADO 81611 August 19, 1975 HAND DELIVERED City of Aspen Planning Department Post Office Box V Aspen, Colorado 81611 Attention: Hal Clark AREA CODE 303 TELEPHONE 92S-2600 Re: Declaration of Restrictions for Guadino Duplex, Lot 20, West Aspen Subdivision, Filing 1. Dear Hal: Enclosed is the Declaration of Restrictions which I discussed with you yesterday. The property involved is situated within West Aspen Subdivision and is a duplex lo- cated upon a legally subdivided lot which Mr. Guadino wishes to divide into two undivided interests, selling one interest to our client Greg Holmbeck (copy of receipt and option contract enclosed) and the other interest to Chuck Torinus. The effect and use of the property would be no different than presently exists, as a duplex already is situated on the property. The sole motive for obtaining the proposed exemption is the obtaining of housing for two Aspen families at a reason- able cost. Respecting the pertinent design requirements which must be fullfilled pursuant to Section 20-17 of the Aspen City Code in order to entitle us to an exemption under Section 20-19 of the Code, I would advise as follows: 1. The subject property fronts on Bonita Drive, which is an accepted City street and complies with all the minimum classifications respecting widths and grades. 2. Bonita Drive is an accepted road by the City of Aspen which is surfaced and maintained by it at regular intervals. 3. The property is serviced by and connected to the City of Aspen Water Department and the Aspen Metropolitan Sanitation District. • • OATES, AUSTIN & MCGRATH City of Aspen Page Two 4. I believe that all requirements of Section 20-17 of the Code of the City of Aspen relating to lot size are complied with. If you should need additional information respecting this application, I will be happy to provide you with same. Very truly yours, OATES, AUSTIN & McGRATH By JTK:lh Encl. ohn Thdmas Kelly CiTy (A-*S 1,• .. 1 - `_e �,� MEMORANDUM DATE: August 19, 1975 TO: Members of City Council FROM:�Sandra M. Stuller • PEN street 81611 RE: Requested Determination of Exemption from Definition of Subdivision - Lot 20, West Aspen Subdivision On Monday you will be requested to consider an exemption from the definition of subdivision for the Gaudino Duplex. Gaudino wishes to sell a one-half interest in an existing duplex to Gregg Holmbeck. There has been executed an agreement with restrictions on the use of the property (comparable to a condominium declaration), but no plat has been drawn. In essence, the question is, is this selling of a one-half interest a subdivision of property such as to bring the subdivision regulations into play. The request is for a determination that it does not. The exemption procedures consist of Section 20-19(b) of the Code, which reads: "(b) Following receipt of a recommendation from the Planning Commission, City Council may exempt a particular division of land from the definition of a subdivision set forth in Section 20-3(s), when, in the judgment of the City Council, such division of land is not within the intent and purpose of this chapter." I do not hesitate to recommend granting of this request inasmuch as: 1. The structure exists and no application of the subdivision regulations will effect the configuration of use of the premises. 2. Dave Ellis finds that all utilities and access requirements of the subdivision regulations are satisfied. Members of City Council August 19, 1975 -2- 3. We would not receive a dedication (fee or land) if we were to require compliance with the subdivision regulations inasmuch as Section 20-18(a)(5) exempts from the dedication require- ments the construction or condominiumization of a single duplex, triplex or fourplex. 4. The subdivision code excludes from the defin- ition of subdivision the division of land by the acquisition of an interest in the land as tenants in common (here they are each taking an undivided interest with the right to exclusive occupancy of each dwelling unit, a similar technique). 5. The impetus for the application is to satisfy the financing agency and I can determine no ulterior motive detrimental to the objectives of the sub- division regulations. The Planning and Zoning Commission recommended approval at their meeting held August 19th. SS/pk RECORD Or PROCEEDINGS 100 Leaves ----_- Regular Meeting Aspen Planning & Zoning August 1.9, 1975 Meeting was called to order.by Chairman Jenkins at 5:04 p.m. with members Patrick Dobie, Roger Aunt, Brian Goodhcim and Danny Abbott. Also present were Bill Kane and Hal Clark of the Planning Office. Approval of Minutes Bunt noted that on the August 5th minutes, under Trail Access he had said that the bikes would have to yield to the street traffic. Otte Prrives. Motion Hunt moved -to approve the minutes of July 15, 29, August 5 (as amended) and August 15 special meeting. Otte seconded. All in favor, motion carried. Rezoning Requests: Otte was concerned about the congestion problems with hang - Thomas Property gliders and members questioned the City's responsibility for accidents. / Collins arrives. Otte felt that they had agreed to make.the area passive recreation. City Attorney noted that preliminary arrangement were being worked out with hanglider's club and to change area to passive park would take a change in the zoning. Motion Hunt moved to table the rezoning request until they can meet with representatives of the hangliding group. Otte seconded. Collins felt that they should go towards changing the.zoning -of the area to have only passive recreation. Hunt amended his motion to table until the Planning Office comes back with a rezoning of the area. Second by Otte. All in favor, motion carried. Enclaves Clark noted that this,was three parcels annexed by the City on July 25th with Ordi._nance tt43. Parcel "A" was two subdiv-_. ided lots of 32,000 sq ft; "B". is one subdivided lot of 15,000 sq ft; and "C"is an undivided tract of land at 20,000 sq ft. Clark recommended that all three parcels be made R-15 zoning. Jenkins opened the public hearing. There being no comments, he closed the public hearing. Motion Hunt moved to rezone Enclaves (Parcels A,B, C) as R-15. Goodheim seconded. All in favor, notion carried. Dld Business Clark presented a summary of the current status of pending items for the Planning Office. m,ew I�usiness Kane noted that this exemption request had been tabled until Gaudino Duplex they had worked out open space questions but Kane felt it waF a simple request for exemption whicih the code allows for if the existing building is less than a four plex. Represented.by John -Kelley and Lennie Oates with Oates saying that they wer.en't clear whether they, were considered a subdivision or not in the cocle but that a duplex is allowed exemption after review by the }.' & Z_ City Attorney noted that Council had not anticipated arq impact on smaller housir developments and thus had exE:mpted them from subdivision cost -lotion Otte r-ocommc�nded to Council. that Gaudino be cIranted exemption from Subdivision. Hunt seconded. All in favor, motion carried. ril 40 ASPEN/PITKIN PLANNING DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 MEMORANDUM TO: Aspen Planning & Zoning Commission FROM: Planning Staff (HC) RE: Gaudino Duplex DATE: August 14, 1975 This item is continued from your August 5, 1975 meeting. The City Attorney, Sandy Stuller, will be in attendance to comment on this application. y DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS: WHEREAS, WILLIAM J. GAUDINO, hereinafter called "Declarant," is the fee simple owner of the following described real estate, to wit: and Lot 20 WEST ASPEN SUBDIVISIONS, Filing No. 1 County of Pitkin, State of Colorado, WHEREAS, the Declarant heretofore constructed a duplex residence building and other improvements appurtenant thereto on the above -described property, which building con- tains two (2) residence units; and WHEREAS, Declarant desire to establish a plan for the use and co -ownership in fee simple of real property estates consisting of co -ownership by the individual owners, as tenants in common, of all of the property, together with an exclusive right to use a Residence Unit in the Building as hereinafter provided. NOW, THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations, and obligations shall be deemed to run with the land above -described, shall be a burden and a benefit to Declarant, his heirs and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, lessees, successors, heirs, executors, administrators, devisees or assigns. I. DEFINITIONS 1.1 "Residence" or "Residence Unit" means an individual ' unit, consisting of enclosed rooms occupying part of the Buildin i and bounded by the interior surfaces of the perimeter walls, i floors, ceilings, windows, doors and built-in fireplaces, if any, of the Building constructed on the above -described real property, together with all fixtures and improvements therein contained, but not including any of the structural components of the Building within a Residence Unit. 1.2 "Owner" means any person or entity, including Declarants, or any combination thereof, owning an undivided interest in the property; the term "Owner" shall not refer to any Mortgagee, as herein defined, unless such Mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure. 1.3 "Mortgage" means any mortgage, deed of trust or other security instrument by which the interest of any Owner is encumbered. 1.4 "Mortgagee" means any person named as Mortgagee or beneficiary, including successors and assigns thereof, under any mortgage under which the interest of any Owner is encumbered. 1.5 "Common Area" means and includes all portions of the property, except the Residence Units, including, but not limited to, the following: t (a) The land on which the Building is located; i. (b) The foundations, columns, girders, beams, supports, unfinished surfaces of the perimeter and supporting walls, floors, and ceilings; roofs, balconies, patios, decks, recreational facilities, halls, corridors, walkways, stairs, stairways, and entrances and exits of the Building; (c) The common yards, gardens, parking areas, and storage spaces and sheds; (d) Any installations consisting of equipment and materials making up any central utility services; (e) In general, all apparatus and installations existing for common use; and i -2- (f) All other parts of the property necessary or convenient to its existence, maintenance, and safety, or normally in common use. 1.6 "Limited Common Area" means any Common Area designated herein for exclusive use by Owners of a particular Residence Unit. Any balconies, decks, terraces, porches, patios, exterior walkways, stairways, doorways, storage areas and garage areas which are commonly identified with or appurtenant to a particular Residence Unit shall be Limited Common Areas for the exclusive use of the Owner or Owners of said Residence Unit. 1.7 "Property" means and includes the land, the Building, all improvements and structures thereon, and all rights, easements, and appurtenances belonging thereto. 1.8 "Building" means one of the two connected resi- dential building improvements comprising a part of the property. II. EXCLUSIVE RIGHT TO USE AND COMMON AREAS 2.1 Said property is improved with a duplex residence building containing two (2) Residence Units as shown on the ii plans attached hereto as Exhibit "A." Subject to the limita- tions contained in this Declaration, and to the terms, provi- sions, reservations and restrictions set forth on the recorded plat of WEST ASPEN SUBDIVISION, and contained in the Covenants for said Subdivision recorded in Book 229 at Page 78, and amended by instrument recorded in Book 229 at Page 507, all of the records of Pitkin County, Colorado, each Owner and their respective successors and assigns shall own an undivided fifty percent (50%) interest in the property, together with an exclusive right to use a Residence Unit in the Building, the non-exclusive right to use and enjoy the Common Areas and the exclusive right to use and j' enjoy any Limited Common Areas which may be designated on the attached map for exclusive use by such Owner. The purchaser i s 0 of the Residence Unit designated as Unit One on the plat attached as Exhibit A shall have the exclusive right to use the southerly one half of the garage, being the one half closest to Bonita Drive. 2.2 Each Residence Unit shall be used and occupied for single-family residential purposes only and no trade or business of any kind may be carried on therein. Lease or rental of a Residence Unit for lodging or residential purposes shall not be considered to be a violation of this Covenant; PROVIDED, HOWEVER, that no Residence Unit shall be leased or rented for a period of less than six (6) months and the maximum occupancy shall be six persons per Residence Unit. 2.3 Each Owner, at his sole cost and expense, shall have the exclusive right to (i) paint, repaint, tile, paper or otherwise refinish and decorate the interior surfaces of all walls, windows, ceilings, floors, and doors bounding the Residence Unit which he has the exclusive right to use; and to (ii) alter the interior of said Residence so long as such alteration does not affect the Common Areas, any other Resi- dence Unit, or the structural soundness or integrity of the Building in which such Residence Unit is located. 2.4 Each Owner shall keep the interior of his Resi- dence Unit, including, without limitation, interior walls, windows, glass, ceilings, floors and permanent fixtures and appurtenances thereto, in a clean, sanitary and attractive condition, and good state of repair. 2.5 Each Owner shall be solely responsible for obtaining and paying for all insurance, including fire, on the furnishings within said Residence Unit, and other items of personal property, and for casualty and public liability insurance covering the Residence Unit to which he has exclusive use. No Residence Unit or Common Areas shall be occupied or i used for any purpose or in any manner which shall cause a 1 i Building or any Residence therein to be uninsurable against loss by fire or other perils of the extended coverage casualty insurance, or cause any policy or policies representing such insurance to be cancelled or suspended or the company issuing the same to refuse renewal thereof. 2.6 Neither Residence Unit shall be used in any manner that will interfere with the enjoyment of occupants of the other Unit or annoy them by unreasonable noises or otherwise, nor shall any nuisance, or immoral or illegal activity, or activity in violation of the Covenants for WEST ASPEN SUBDIVISION be committed or permitted to occur in any Residence Unit or Common Area. 2.7 The Common Areas shall be improved and used only in accordance with rules promulgated by the Board of Governors which may include, but are not limited to (i) vehicular park- ing, (ii) vehicular and pedestrian movement on the Common Areas, including ingress to and egress from the Residence Units in the Building, (iii) recreational uses subject to rules established by the Board, and (iv) beautification of the property. A non-exclusive easement for ingress, egress, and support throughout the Common Areas is and shall be appurtenant to each Residence Unit, and the Common Areas are and shall be subject to such easement. No owner of a Residence Unit shall park his vehicle in such a manner as to interfere with another owner's use of the common driveway. 2.8 No activity shall be.carried on in the Common Areas which shall be contrary to the rules and regulations adopted by the Board of Governors. 2.9 Each Owner shall be legally liable to the Board of Governors for all damages to the Common Areas or to any improvements thereon or thereto caused by such Owner, his guests, or any occupant of such Owner's Residence Unit. 0 2.10 Some of the Common Areas are or may be located within the Residence Units or may be conveniently accessible only Ithrough the Residence Units. The Owner of the other Residence Units shall have the. irrevocable right, to be exer- cised by a member of the Board of Governors as his agent, to have access to the other Residence Unit and to all Common Areas from time to time during such reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Common Areas located therein or accessible therefrom or for making emergency repairs therein necessary to prevent damage to the Common Areas or to the other Residence Unit. The Board of Governors shall also have such right independent of any agency relationship. Damage to the interior of any part of a Residence Unit resulting from the maintenance, repair, emergency repair or replacement of any of the Common Areas or as a result of emergency repairs within another Residence Unit at the instance of the Board of Governors or of an Owner shall be an expense of all the Owners; PROVIDED, HOWEVER, that if such damage is the result of negligence of an Owner, then such Owner shall be financially responsible for all of such damage. Such damage shall be repaired and the property shall be restored substantially to the same condition as existed prior to damage. Amounts owing by Owners pursuant hereto shall be collected by the Board of Governors by assessment pursuant to this Declaration. 2.11 The Common Areas shall be owned in common by all the Owners of Residence Units, and no Owner shall bring any action for partition thereof. III. BOARD OF GOVERNORS 3.1 The Board of Governors, consisting of three (3) persons, shall constitute the management body of the property, 0 and be vested with the rights, powers and duties hereinafter set forth. 3.2 Each Owner shall be a member of the Board of Governors; PROVIDED, HOWEVER, that if there is more than one Owner having the right to the exclusive use of a Residence Unit, they shall, amongst themselves, select which one of them shall be on the Board of Governors so that each Residence Unit shall have only one representative on the Board of Governors. In addition, the two (2) Owner Governors shall choose between themselves a third person who shall not be an Owner, which said person chosen shall be the third Governor. The Owner. Governors shall not receive any compensation for the perform- ance of their services as Governors but shall be entitled to reimbursement for out-of-pocket expenses expended in such performance. The Non -Owner Governor shall be compensated for his services in such amounts as shall be determined by the concurrence of the Owner Governors and shall likewise be entitled to reimbursement for out-of-pocket expenses. 3.3 WILLIAM J. GAUDINO shall be the initial Owner Governor. If a Residence Unit is sold, the new Owner thereof shall automatically replace the selling Owner on the Board of Governors with respect to such Residence Unit. 3.4 Both of the Owner Governors shall constitute a quorum for the transaction of business. There shall be required a majority vote of Governors present at any meeting of the Board to constitute a decision of the Board as to the question voted upon. Except as provided for in Article 3.5, it shall be necessary that both Owner Governors be present at a meeting of the Board to Constitute a valid decision of said board, unless an Owner Governor has received at least thirty days written notice of a Board Meeting, and does not thereafter appear. In the event of non-appearance by an Owner Governor -7- 1I' who has been given the requisite notice, then a majority vote of the Governors present at the meeting shall constitute a decision of the Board as to the question voted upon. 3.5 Any action permitted to be taken by the Board may be taken without a meeting of the Board if both the then -existing Owner Governors shall consent in writing to such action. IV. POWERS OF BOARD OF GOVERNORS 4.1 The Board has and shall have the following respon- sibilities, rights and powers: (a) To elect from among the Governors a Chairman I and Secretary, to fix their respective powers and duties, and i j to establish rules and regulations not inconsistent herewith 1} II relating to notices of Board meetings and other matters relat- ing to the conduct of Board meetings. The offices of Chairman I lI and Secretary may not be combined and shall be held only by l; Owner Governors. i (b) To adopt rules not inconsistent with the i provisions of this Declaration, or the Protective Covenants for WEST ASPEN SUBDIVISION, including, but not limited to, rules and regulations relating to the use of and activity on the Common Areas. (c) To maintain bank account(s) for funds coming under control of the Board. I (d) To levy assessments and otherwise act as set I forth in Article V below. (e) To enforce the provisions of this Declara- tion; PROVIDED, HOWEVER, such right to enforce the provisions of this Declaration shall not be construed to prohibit the right to enforce this Declaration by any individual Owner, his i successors or assigns. (f) To contract and pay for and maintain fire, casualty, liability and other insurance covering the property in amounts as determined by the Board. Each policy shall 0 recite each of the Owners as named insureds, as their interests appear. Said insurance shall not be in an amount less than the full replacement value of the improvements located on the property. (g) Subject to the rights of the Owners set forth in this Declaration, to manage and control the Common Areas and all improvements thereon (including furnishings and equipment related thereto), and shall keep the same in good, clean, attractive and sanitary condition, order and repair; PROVIDED, HOWEVER, that each Owner shall keep the Limited Common Areas designated for use in connection with his Residence Unit in a good, clean, sanitary and attractive condition. The Board of Governors shall be responsible for the maintenance and repair of exterior surfaces of the Building, including, without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, the maintenance and repair of other Common Areas, including utility lines and all other improvements or materials located within or used in connection with the Common Areas. The specification of duties of the Board of Governors with respect to particular Common Areas shall not be construed to limit its duties with respect to other Common Areas. (h) To obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other per- sonnel as the Board of Governors shall determine to be neces- sary or desirable for the proper operation of the property, whether such personnel are furnished or employed directly by the Board or by any person or entity with whom or with it contracts. The Board may obtain and pay for legal and account- ing services necessary or desirable in connection with the operation of the property or the enforcement of this Declara- • • tion. The Board may arrange with others to furnish lighting, heating, water, trash collection, sewer service and other common services to each Residence Unit. (i) To pay the taxes which would be a lien upon the property and to make the payments of principal and interest and any other indebtednesses as the same may from time to time become due under any deed of trust covering the property, and to pay and discharge any lien, encumbrance or assessment levied against the property. V. ASSESSMENTS BY BOARD OF GOVERNORS 5.1 The Board of Governors shall have the right and power to make from time to time reasonable assessments upon each Owner to meet anticipated expenditures for common expenses authorized by the Board. Except as otherwise provided herein, each Owner shall be assessed separately and in an equal amount. Assessments may include, but are not limited to: the property; (a) Payment for all Common Area utilities; (b) General taxes and assessments; (c) Insurance premiums for insurance covering (d) Maintenance and repair of the exterior surfaces of the Building and Common Areas; and (e) Payment for assessments levied against the property by any neighborhood or subdivision Homeowners Assoc- iation. 5.2 Written notices of such assessments shall be deposited in the United States mail, postage prepaid, addressed to each Owner. Such assessments shall be a lien on the Owner's interest in the property and the Residence Unit which the Owner has the exclusive right to use, superior and prior to all mortgages thereon save and excepting a valid first mortgage or deed of trust, and a personal and individual l� obligation of the Owner from the date such assessment is i' �i i -10- 0 • made. Such assessment shall bear interest at the rate of eighteen percent (18%) per annum from and after the due date thereof established by the Board. The amount of any such assessment, together with said interest, costs and reasonable attorneys' fees in the event enforcement is com- menced, shall be and become a lien as provided hereinabove when the Board causes to be recorded with the County.Recorder of Pitkin County a notice of assessment, which shall state the amount of such assessment and the aforesaid interest, costs, and attorneys' fees, the name of the Owner, a descrip- tion of the Owner's interest and the Residence Unit which he has an exclusive right to use. Upon payment of said assessment and charges in connection with which such notice has been so recorded, or other satisfaction thereof, the Board shall cause to be recorded a further notice stating the satisfaction and the release of the lien thereof. Unless sooner satisfied and released or the enforcement thereof initiated as hereafter provided, such lien shall expire and be of no further force or effect six months from the date of recordation of said notice of assessment; PROVIDED, HOWEVER, that said six-month period may be extended by the Board for not to exceed an additional six months by recording a written extension thereof. Such lien may be enforced by sale by the Board, its attorney or other person authorized by the Board to make the same; such sale to be conducted in any manner permitted by law. The Board shall have the power to bid in the interest of the Estate of the defaulting Owner at foreclosure sale and hold, lease, mortgage and convey the same in the name of the Board of Governors. Copies of any notices under the foregoing subparagraph shall be sent, postage prepaid, to all first mortgagees of affected real property interests under this Declaration. -11- I i 5.3 Nothing herein contained shall prohibit any i one or more of the Owners from advancing to the Board sufficient I� I' money to enable the Board to meet its commitments as herein ! described and to make up a deficit arising from the default of another Owner hereunder. Such advances shall be made on such terms and conditions as the Board shall determine and in no event shall such advances in any way affect the lien in favor of the Board arising by reason of such delin- quency as hereinabove provided. 5.4 Neither Owner, his successor, or assigns, may exempt himself from liability for his contribution towards the common expenses, as assessed by the Board, by waiver of the use and enjoyment of any of the Common Areas, or by abandonment of his interest in the property or the Residence Unit which he has an exclusive right to use. VI. RIGHT OF FIRST REFUSAL 6.1 In the event that any Owner desires to sell his interest in the property and receives a bona fide offer to purchase his interest in the property, such Owner shall give written notice of such proposed sale or assignment to the other Owner and the Board of Governors, which said notice, being a true copy of said offer, shall state the terms and conditions, purchase price, and the name of the proposed purchaser or assignee of the proposed sale or assignment. The said other Owner shall have a period of thirty (30) days after the giving of such notice to purchase the interest of the selling Owner upon the terms and conditions and for the purchase price as set forth in said notice. If said other Owner does not exercise such right to purchase, the selling Owner may then sell or assign his interest in the property to the person and upon the terms and conditions and for the price as set forth in said Notice. 0 • 6.2 In no case shall the right of first refusal reserved herein affect the right of an Owner to subject his interest in the property to a trust deed, mortgage or other security instrument. The right of first refusal as provided herein shall extend and run for the lives of WILLIAM J. GAUDINO and GREGORY AMES HOLMBECK and their now living descendants, And the survivor of them, plus twenty-one years. 6.3 In the event of any default on the part of any Owner under any first mortgage which entitles the holder thereof to foreclose same, any sale under such foreclosure, including delivery of a deed to the first mortgagee in lieu of such foreclosure, shall be made free and clear of the provisions of Article 6.1, and the purchaser, or grantee under such deed in lieu of foreclosure of such interest shall be thereupon and thereafter subject to the provisions of this Declaration. If the purchaser following such foreclosure sale, or grantee under deed given in lieu of such foreclosure, shall be the then holder of the first mortgage, or its nominee, the said holder or nominee may thereafter sell and convey the interest free and clear of the provisions of Article 6.1, but its grantee shall thereupon and thereafter be subject to all of the provisions thereof. If the Owner can establish to the satisfaction of the Board of Governorsthat a proposed transfer is not a sale, then such transfer shall not be subject to the provisions of this Article. 6.4 Upon written request of any prospective purchaser, or other interested party, the non -selling Owner shall forth- with, or where time is specified, at the end of the time, issue a written and acknowledged certificate in recordable form, evidencing that proper notice was given by the selling Owner, and that the non -selling Owner did not elect to exercise his right of first refusal to purchase. __i3 - • 0 VII. ENFORCEMENT 7.1 The covenants, conditions and restrictions set forth in this Declaration constitute a general scheme for (i) the maintenance, protection and enhancement of value of the property and the Residence Units contained therein, and (ii) the benefit of all Owners. Said covenants, conditions and restrictions are imposed on the entire property for the benefit of the present and future Owners thereof. Said coven- ants, conditions and restrictions are and shall be covenants running with the land or equitable servitudes, as the case may be. 7.2 The breach of any of the said covenants, conditions or restrictions may be remedied and enforced by appropriate legal proceedings by (i) any owner, (ii) the Board, or (iii) the Mortgagee under any real property mortgage or beneficiary under any deed of trust given for value, all of whom are hereinafter collectively referred to as "enforcing person(s)." Damages at law for any such breach are hereby declared to be inadequate. 7.3 The result of or condition caused by any violation of any of said covenants, conditions or restrictions is and shall be a nuisance, and every remedy in law or equity now or hereafter available against a public or private nuisance may be exercised by any enforcing person. 7.4 The remedies set forth herein for breach of said covenants, conditions and restrictions shall be cumulative, and none of said remedies shall be exclusive. 7.5 The failure to enforce any of said covenants, conditions or restrictions shall not constitute a waiver of the right to enforce the same thereafter. 7.6 In the event litigation shall be commenced to enforce any of said covenants, conditions or restrictions, such f enforcing person, if he prevails in such litigation, shall be E LJ entitled to have judgment for and recover from any defendant (other than nominal) in such litigation such attorneys' fees as the court may adjudge reasonable and proper. VIII. DAMAGE OR DESTRUCTION OF THE PREMISES 8.1 In the event of damage or destruction due to a fire or other disaster, the insurance proceeds, if sufficient to reconstruct the damaged Building, shall be promptly applied by the Board of Governors to such reconstruction. 8.2 If the insurance proceeds are insufficient to repair and reconstruct the damaged Building, the Board of Governors will immediately appoint„an independent appraiser to determine the percent of the Building which has been destroyed. If not more than sixty percent (60%) the Building has been destroyed, such damage or destruction shall be promptly repaired and reconstructed by the Board of Governors, using the proceeds of insurance, and the proceeds of assessments made against the Owners. The assessment will be a common expense and assessed equally. The assessment provided for i herein shall be a debt of each Owner and may be enforced and collected as provided in Article V. 8.3 If the above -mentioned appraiser determines that more than sixty percent (60%) of the Building has been destroyed, and if a majority of the Board of Governors does not reach an agreement to reconstruct the premises within ninety (90) days i following delivery of such appraiser's report, the property shall be sold, free and clear of provisions in this Declaration, and the cost will be divided pro-rata among the parties, and the proceeds of the sale and insurance settlements will be equitably distributed in the following order: (a) For payment of the balance of the lien of any first mortgage; • • (b) For payment of taxes and special assessment liens, in favor of assessing entity; (c) For payment of unpaid common expenses; (d) For payment of junior liens and encumbrances in the order of and to the extent of their priori.-y; and (e) The balance remaining, if any, shall be paid to the Owners. 8.4 If the above -mentioned appraiser determines that more than'sixty percent (600) of the Building has been destroyed, and a majority of the Board of Governors agree to reconstruct same, and all of the First Mortgagees so approve the plan for reconstruction, then both Owners shall be bound by the terms and provisions of the plan. Any assessment made shall be a common expense, divided pro rata between the Owners. The assessment provided herein will be the debt of each Owner and may be enforced as provided in Article V. IX. REVOCATION OR AMENDMENT TO DECLARATION 9.1 This Declaration shall not be revoked nor shall any of the provisions herein be amended unless all of the Owners of the property, as reflected on the real estate records of Pitkin County, Colorado, and all of the holders of any mort- gages appearing in such records and covering or affecting an Owner's interest in the property, consent to such revocation or amendment. 9.2 The rights, obligations, conditions, easements, restrictions, and limitations created by this Declaration shall continue until this Declaration is revoked or terminated in the manner provided herein. X. MISCELLANEOUS 10.1 In the event any covenant, condition, restriction or provision contained in this Declaration is held invalid, void or unenforceable by any court of competent jurisdiction, 0 v the remaining portions of this Declaration shall, nevertheless, be and remain in full force and effect. 10.2 Where necessary for proper construction hereof, the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, this Declaration has been duly executed by the Declarants this day of , 1975. Declarant: WILLIAM J. GAUDINO STATE OF COLORADO County of Pitkin ) SS: The foregoing instrument was acknowledged before me this day of , 1975, by WILLIAM J. GAUDINO. WITNESS my hand and official seal. My Commission Expires: Notary Public -17- EXHIBIT A • 1 N Q1 4• LO`( 2OlW1=ST L�SPEN SUi3DIVIS1C7l�1, FILING 1�10. 1 - r R 101 FoU NDRFBp4ecCAP LIMITED COMMON ARGhk FOR UNJIT t- INCLUDGS YARD AREA LYf NG NORTt4- -� I WE5TERLY OF rAASVAED LINE. I o I 1 Q G L1Mi-Mr) COMMON &PL-A I 1 V O I FOR UNIT 2 1NCLUDe5 YQSZDI AREA 12'e1NG 30U-(%4GASTEL> 0'� r OF DASV4r=O LINE t LUI ' `G4 N - i I � 1 1 �„ 11937 NI_ - r , 1 1 LIMITEDC'OMMOIJ AILGA." Z � 1 1 FOR UNIT -a I 1 r IU a 2'-y.85• i di J� lU l UN1"r 2^ 1 U f� � LiM1•fFOCOMMONN r 1 ; NaF-ATOR UNIT1 � f O I J In I r Y r _ Q 17. 9 • Jr N 1 ? 3 �- 1 I r < N 9.7• I o e / Z LIMITED COMMOPi I Q I r 410, Amr=A FC)RUNIT1 jp z Y 1 0 U `n - pm V 1 K o _9 > ° - A 1 1? 1; Ll 0 0 �L 2.y Q — 42 L1M1-fED coMMo1J Of r a0 - A2Eq POIz UNIT D , iY ul 3 1 0 r2' (Y �. I t rl ►C 0 IL r l7---------- 1 rt--------- rl r 1 rl ------------- �OUND ------------------ ------------- RC-cxA J CAP 1 1 FOUND PC-SAP-8i CAP ©0MI-M DRIVE CGO' R/W) - I, Harold W. Johnson (Johnson -Longfellow and Assoc.), a registered surveyor in the State of Colorado, do hereby certify that on this 22nd day of July, 1975, a two story duplex was found to be entirely within the boundaries of Lot 20, West Aspen Subdivision Filing No. 1, as shown on the above plat. All easements or encroachments in evidence or known to me are as shown. The survey instrue and correct to the best of my knowledge and belief. y arol W. John gONSHON-LONGFELLO & ASSOC.- 2� 1941•-17' L = 1215.00• _ 0 1 2 111=20` ti vW.Jp O�''••1STF ••yam 9 0 1 8 } %(9� 0sug O �rgTE OF CO�a`�PO RECORD OF PROCEEDINGS 100 Leaves .— r t •. .I:. It •. •. t. cs Regular Meeting Planning and Zoning Conuni.ssion August 5, 1975 Meeting was called to order by Chairman Jenkins at 5:10 p.m. with members Roger hunt, Mike Otte, Patrick Dobie, Brian Goodheim, Danny Abbott and Chick Collins. Also present were Hal Clark, Greg Cole and Bill Kane of the Planning Office. Old Business Clark asked that Centennial Park,. which had been tabled previously by them, be acted on now. Council had given Centennial their conceptual approval based on a redesign of the units to eliminate the chance of the "door game" being played. Motion Otte moved to consider preliminary plat approval for the Centennial Park Condominiums. Goodheim seconded. All in favor, motion carried. + Park. Land Attorney Bruce Kistler requested that it be tabled. Dedication Fee Exemption Lloyd Parks, long time resident of the 700 West Hopkins building, noted that he had been asked to come to ask them to eliminate the V dedication fee.since the price has doubled on unit he is purchasing Motion Hunt moved to table the request at the applicant's request. Goodheim seconded. All in favor, motion carried. Jenkins asked that they get together with Goodheim on Housing at their next meeting. Subdivision John Kelley represented the Gaudino du lex which technically didn't exemption need the exemption but was asking for it because of financing. Members felt that they were back to the same problem over dedicatie V/ fees which were unequal. Motion Collins moved to approve the request for exemption for the Gaudino duplex. Goodheim seconded. Goodheim said that it didn't seem fair because these people didn't have to make a plat and yet were exempt from dedication fees, also. Since members were undecided about how to handle the problem, Goodheim withdrew his second and th-e motion died. Clark felt that a letter from the City Attorney explaining the situation would help Kelley with the bankers. Motion Hunt moved to table the Gaudino duplex exemption. Abbott seconded All in favor, motion carried. Trail Access Francis Whitaker and Katy Smith, •of Grassroots TV, presented a video-taped program featuring bikers ridinq through alleys in the west end and also from the center of town to 7th street. Hunt felt it necessary to determine who has the right of way and suggested posting signs since the bikes will have to yield. Whitaker noted that they hand thought to paint crosswalks in line with the alleys with yield signs for the cars. Goodheim mentioned another possible solution of cul-dor sacs. Mf,mbers felt that it could c.ius:c potenti accidents having the bik,_-s go through the streets to the alleys. City Attorney Stuller noted that the Model Traffic Code, which the City has adopted, prohibits the use of roadway., for skiing. Jenkir summarized that it was the responsibility of the pedestrian and cyclir:t to protect their own safety. Ile felt it might help with the theft and pilfirage in the houses along the alley. Bikeways John Faulkner, along with Greg Cole, presented the idea for bike lanes in the downtown area. Cole noted that the Planning Office was more in favor of a "spoke" system then a "hub". Members felt it would cause problems, with loss of parking, possible accidents on the passenger side of the parked cars and that bikes would go INCO[II'0RATED 1` 481f1 GffiGB* RECEIPT AND OPTION CONTRACT POST OFFICE BOX o 1' (RESIDENTIAL) PHONE COLORADO 6161t E r ? PHONE 303 925.7000 ,�_ ►. J.Iue—lam— 1� 7 5 RECEIVED FROitir Gregory Ames I-Iolnibeck Purchaser ci�E EcfiCz%f , the sum of $ 6 • 200 • 00 , in the form of 12er.5 al check to be held by rlaS011 Fi Morse. l I1C_ , broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of Pitkin Colorndo. to -wit: An undivided one-half interest in and to Lot 20, Wcst Aspen Subdivision, Filing No. 1, together with the exclusive right to the use and occupancy of the Westerly Residence Unit and the Limited Common Elements, and the non-exclusive right to use and enjoy the common areas, all as set forth in the Declaration of Restrictions to be agreed upon by the parties as stated below, all in t1] Count}' Oft Utkin ��<'4te Cif Co1or�dy, I currently on the premises except a3 hereinafter :VI h arl improvvemenL3 ereon and al ixLtures of a permanen na u provided, in their present condition, ordinary wear and tear excepted, known as)ie"e?- Lot 20 , WCs t AS4LQ_n Subdivision, Filing No. 1 which propertyy purchaser agrees to buy upon the following terms and conditions, for the purchase price of $ 64,000. ll U payable as follow $ 6• 2 0 0• 0 0 hereby receipted for, S S 7- 8 0 0. 0 0 due and payable at closing (plus customary closing costs) by Certified Funds. This offer is expressly contingent upon Purchaser obtaining a First loan in the amount of $4S,000.00, payable in monthly installments of approximately $386.62, including principal and interest at the rate of no more than 9-3/4o per annum, 1/12 of the annual taxes and 1/12 of the annual hazard insurance premium, being a thirty year amortized loan. If said loan commitment is not obtained within thirty days from the signing of this contract, all monies hereby receipted for shall be returned to Purchaser. 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees to pay a loan transfer fee not to exceed $ N1/A and it is a condition of this contract that the purchaser may assume such encum- brance without change in its terms or conditions except 2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures; all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap- ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings, water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall carpeting and all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4; provided, however, that the following fixtures of a permanent nature are excluded from this sale: Norte 3. Xi1current commitment for title insurance policy in an amount equal to the purchase price, at seller's (?OM04i'( �iM expense, shall be furnished the purchaser on or before August 1 _ , 19 7 S will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 4. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient c n e r a l warranty deed to said purchaser on Atl o u s t 8 „ 1975 , or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general to%e3 for 19 7 , payable January 1, 19—Z�, and except Yes ricti3OnS O F record free and clear of all liens for special improvements now installed, whether as3es3ed or not; free and clear of all 1ien3 and encumbrances except casements for telephone, electricity, water and sanitary sewer, and except Non and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be paid may be paid from the proceeds of this transaction. 6. General taxes for 19 7 5 . (ba3ed on 19 7 4 lovy and 19 S nssessment), prepaid rents, water rents, sewer rents, FHA mortgage_ insurance premiums and interest on encumbrances, if any, and £1 s s c s sine it t s shall be apportioned to date of delivery of deed. * $3,000.00 in earnest money has been released to Seller by agreement II of the parties. 0. The hour and place of closing shall be as designated by Mason i, I`1orse , Inc. 7. Possession of premises shall be delivered to purchaser on delivery of Deed subject tothe following leases or tenancies: That presently'. installed by Seller and subject to sixty -days notice to vacate. If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be liable for a daily rental of $ 2 5 . 00 until possession .is delivered. 8. In tlic event the premises shail be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or ser- vices fail between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit. 9. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or per- formed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller, as liquidated damages. 10. In the event the seller fails to approve this instrument in writing on -or before .Ul ne=+-4 �It 19 7 5 , or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 30 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. 11. Additional Provisions: Declaration of Restrictions must be acceptable by both parties to this contract. Seller agrees to guarantee the improvements against defects in workmanship and material for a period of six months from the date of closing. This provision shall survive the closing. Seller further agrees to pay the cost of an improvement survey of the premises. Purchaser of the west half of the duplex shall have exclusive use of the half of the garage closest to Bonita Drive (the front one-half). 12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. Masn A� Morse , Inc. s D iAgent �; [Purchaser egory s Holnlbeck br'—PTiTW. Tl 1 ear Purcbaser Data Coop. Agent Stevens Realtv byzy:!:, Bette Gallagher Seller approves the above contract this day of , 197 5 and agrees to pay a commission of 6 % of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one half thereof to said broker, but not to exceed the commission, and the balance to the seller. 'L �Z� William self`` Gaudino "ler Purchaser's Address P. 0. Box 1824, Aspen, Colorado 81611 Phone: Seller's Address 13. 0. Box 2237, Aspen , Colorado Phone: The prinUd portions of this form approved by the Colorado 11teal I OWS Commladop (SC 20-7-71) AVVIU M TO RECEIPT B OPTION CONTRACT DATED JUNL 14, 1975, BETWEEN OREGORY AMES NOLMSECK, puncha cA, and WILLIAM J. GAUDINO, d eum Se.tten acknovtedqu Aeeeipt o, an additi.onae Th ee Thouzand Do"arz ($ 3, 000. 00) , .in addition .to Mlle $ 3, 000. 00 e=iu t money pnev.i_ouh Ey d.Lebuued .to detten by MASON 9 MORSE, INC., 4Aom Vwfen and anh.eed .that Bald $3, 000. 00 uQU be apptied to Vie punehad a pni.ee at ctoe.cng . u mason amcf.88 INCORPORATED Main CWM RECEIPT AND OPTION CONTRACT POST OFFICE BOX o t ASPEN. CO! ORADO 81611 (RESIDENTIAL) PHONE. 303 925"7000 June 14 1975 RECEIVED FROM Gregory Ames Holmbeck Purchaser (1Jj6Mt6 A At4), the sum of $ 6 ,?QQ_O , in the form of personal check to be held bye aDm & Mo r s e , I n Q , broker, in his escrow or trustee account, as earnest money and part payment for the following described real estate situate in the County of P i t k i n , Colorado, to -wit: the West one - h a l f of t h e improvements located on Lot #20, West Aspen Subdivision, Filing One, as shown on the plat thereof filed for record in the office of the Clerk and Recorder, Pitkin County, Colorado, and subject to the provisions of the "Occupancy, Use and Maintenance Agreement" as provided for below. with all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No I o t #20 - W e S t_—_— p,pen Siih division. Fi1ina 011e which property purchaser agrees to buy upon the following terms and conditions, for the Purchase price of $6 4 � 0 0 0. 0 0 payable as follows: $ 6,206.00 hereby receipted for, $ 5 / , 8 0 6. 0 0 i v J due �:;ld payable at closing (plus customary closing costs) by Certified Funds. This offer is expressly contingent u_p_on Purchas_e_L�s;��o, obtaining a First loan in the amount of,� ,—payable in monthly installments of approximately $3,96.80, including principal and interest at the rate of no more than 9 3/4% per annum, 1/12 of the annual taxes and 1/12 of the annual hazard insurance premium, being a thirty year amortized loan. If said loan committment is not obtained within thirty days from the signing of this contract, all monies hereby receipted for shall be returned to purchaser. 1. If a note and trust deed or mort!�»ge is to be ans n:ed, the pur_bascr agrees to pay a !can transfav feo not to exceed $ N/ A and it is a condition of this contract that the purchaser may assume such encum- brance without change in its terms or conditions except 2. Price to include any of the following items currently on the premises: Lighting, heating and plumbing fixtures; all outdoor plants, window and porch shades, venetian blinds, storm windows, storm doors, screens, curtain rods, drap. ery rods, central air conditioning, ventilating fixtures, attached TV antennas, attached mirrors, linoleum, awnings, water softener (if owned by seller), fireplace screen and grate, built-in kitchen appliances, wall to wall carpeting and all in their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4; provided, however, that the following fixtures of a permanent nature are excluded from this sale: N o n P _ 3. AA1iV frA9tAf Vtje/t� OqAV, QVa current commitment for title insurance policy in an amount equal to the purchase price, at selIer's Mih/ it/d/expense, shall be furnished the purchaser on or before I� 1 y 16 ,1st- )/rAV4 k folohlss hji� IiA� HbJ491 do tea,A, seller will deliver the title insurance policy to purchaser after cloning and pay the premium thereon. 4- Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient G- ,n e r a 1 warranty deed to said purchaser on i ll 1 Y 18 19 , or, by mutual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19_��, payable January 1, 19 r and exceptK Cam, o r d--- free and clear of all liens for special improvements now installed, whether assessed or not; free and clear of all liens and encumbrances except easements for telephone, electricity, water and sanitary sewer, and except n o n e . and subject to building and zoning regulations, and restrictive covenants of record. Any encumbrance required to be paid may be paid from the proceeds of this transaction. b. General taxes for 19_7-_, (based on 19 7 4 levy and assessment), prepaid rents, water rents, sewer rents, FIIA mortgage insurance premiums and interest on encumbrances, if any, an d asspssmonts shall be apportioned to date of delivery of deed. G. The hour and place of closinooas designated 7. Possession of premises shall be delivered to purchaser on d subject to the following leases or tenancies: That presently installed by Seller a n d subject to sixty day notice to vacate. If the seller fails to deliver possession on the date herein specified, the seller shall be subject to eviction and shall be liable for a daily rental of $2 5 0 until possession .is delivered. S. In the ever.',. the , re noises shall be darramd by fire or other casualt}• prior to time of closing, in an amount of not more than ten per cent of the total purchase price, the seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage cannot be repaired within said time or if such damage shall exceed such sum, this contract may be cancelled at option of purchaser. Should the purchaser elect to carry out this agreement despite such damage, such purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or ser- vices fail between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, then the seller shall be responsible for the repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalent credit. 9. Time is of the essence hereof, and if any payment or any other condition hereof is.not made, tendered, or per- formed by purchaser as herein proqvided, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller, as liquidated damages. 10. In the event the seller fails to approve this instrument in writing on or before J L! nil 4 19--7-5_, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be *end^.red merchantable within 30 days after such written notice, then this contract, at purchaser's option, shall be void and of no effect and each partyrereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith tb'purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects; saller may, within said 30 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy. IL Additional Provisions: An "Occupancy, Use and Maintenance Agreement" must be acceptable by both parties to t is contra; an...� the cost thereof shall be shared equally by Purchaser and Seller. Seller agrees to guarantee the improvement$_against defects in workmanship and material for a period of %e�}c=u-r'� from the date of closing. This provision shall survive the closing. 0. Purchaser of West half of duplex shall have exclusive use of 'the half of the garage closest to Bonita Drive (front one- half). 12. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefit of the heirs, successors and assigns of said parties. �pLnh�Grego ry`Ames Holmbeck Date by. i ip Mille Puvc :ssnr Dote Coop. Agent S t V �i Bette Gallagher Seller approves the above contract this day of _ 197 — and agrees to pay a commission of S I x- Mo of the gross sales price fo ervices in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one half to said broker, but not to exceed the commission, and the balance to the seller. Seller Seller William J. G a u d i n o Purchaser's Address Box 1824, Aspen, Colorado Phone: Seller's Address Box 2237, Aspen, Colorado Phone: The printed portions of this form approved by the C� o Real Estate Commis+ion (SC 20-7-71) f LAW OFFICES OATES, AUSTIN & MCGRATH 600 EAST HOPKINS STREET BOX 3707 LEONARD M. OATES ASPEN, COLORADO 81611 RONALD D. AUSTIN J. NICHOLAS MCGRATH, JR. WILLIAM R. JORDAN M ANDREW V. HECHT July 30, 1975 City of Aspen Planning Department P. O. Box V Aspen, Colorado 81611 Attention: Hal Clark Dear Hal: AREA CODE 303 TELEPHONE 925-2600 Re: Declaration of Restrictions for Gaudino Duplex, Lot 20, West Aspen Subdivision, Filing No. 1 Enclosed is the Declaration of Restrictions which I discussed with you yesterday. The property involved is situated within West Aspen Subdivision and is a duplex located upon a legally subdivided lot which Mr. Guadino wishes to divide into two undivided interests, selling one interest to our client Greg Holmbeck (copy or receipt and option contract enclosed) and the other interest to Chuck Torinus. The effect and use of the property would be no different than presently exists, as a duplex already is situated on the property. The sole motive for obtaining the proposed exemp- tion is the obtaining of housing for two Aspen families at a reasonable cost. Respecting the pertinent design requirements which must be fullfilled pursuant to Section 20-7 of the Aspen City Code in order to entitle us to an exemption under Section 20-10(C) of the Code I would advise as follows: 1. The subject property fronts on Bonita Drive, which is an accepted City street and complies with all the minimum classifi- cations respecting widths and grades. 2. Bonita Drive is an accepted road by the City of Aspen which is surfaced and maintained by it at regular intervals. 3. The property is serviced by and connected to the City of Aspen Water Department and the Aspen Metropolitan Sanitation District. OATES, AUSTIN & McGRATH Page 2 City of Aspen July 30, 1975 4. I believe that all requirements of Section 20-7 of the Code of the City of Aspen relating to lot size are complied with, and inasmuch as the property is improved, I would request a waiver of certain of the provisions of Sub -paragraph 5 of Section 20-7. If you should need additional information respecting this application, I will be happy to provide you with same. If you find everything in order, we would request that the exemption application be processed and we be advised of the hearing dates. Very truly yours, OATES, AUSTIN & McGRATH By JTK/ds cc: Greg Holmbeck