HomeMy WebLinkAboutcoa.lu.co.810 Cooper Ave.A14-90ofta wAkeir 6Z9,19 1 Q COOPER AVENUE GREYSTONES SUBDIVISION
XEMPTION FOR CONDOMINIUMIZATION
2737-182-28-004 A14-90
C
'/
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 2128190
DATE COMPLETE: C:
PARCEL ID AND CASE NO.
2737-182-28-004 A14-90
STAFF MEMBER -
PROJECT NAME: Cooper Avenue Greystones Subdivision Exemption for
Condominiumization
Project Address: 810 E. Cooper Avenue
Legal Address: Lots M. N & O. Block 111
APPLICANT: Harlan "Buzz" Dopkin
Applicant Address: P. O Box 4696 Aspen CO 81612 5-7488
REPRESENTATIVE: Same
RepresentativeAddress/Phone:
PAID: YES NO AMOUNT:Charge to NO. OF COPIES RECEIVED: 2
Case #50A-89
TYPE OF APPLICATION: 1 STEP: V 2 STEP:
P&Z Meeting Date
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
nn
CC Meeting Date d J"
PUBLIC
HEARING:
YES
NO
VESTED
RIGHTS:
YES
NO
Planning Director Approval:
Paid:
Insubstantial Amendment or Exemption:
Date:
REFERRALS:
----------------------
City Attorney
Mtn. Bell
School District
City Engineer
Parks Dept.
Rocky Mtn Nat Gas
Housing Dir.
Holy Cross
State Hwy Dept(GW)
Aspen Water
Fire Marshall
State Hwy Dept(GJ)
City Electric
Building Inspector
Envir. Hlth.
Roaring Fork
Other
Aspen Consol.
Energy Center
S.D.
/ - / l
DATE REFERRED:
INITIALS:
ROUTING:
City Atty
Housing
DATE ROUTED: 'S-o31- (FO INITIAL:
zCity Engineer Zoning Env. Health
Other:
FILE STATUS AND
LOCATION:
3
AT-EAa 24LNr 1 •
VIND USE APPMrUON FCW
f
1)
Project Name
2)
Project Location C — l� / Cc �I �Crc'�le.4F-
(indicate street address, lot & block number,
legal description where
3)
appropriate)
Present Zoning )/y /Z-
4) Lot
5)
licant's Name, Address & Phone
Size
6)
Representative's Name, Address & Phone
7)
Type of Application (please check all that apply):
--
Conditional Use nal SPA
Conceptual Historic Dev,
Special Review Final SPA
Final Historic Dev.
8040 Greenline Conceptual PUD
Minor Historic Dev.
Stream Margin Final PUD
Historic Demolition
�Mou Mountain view Plane Subdivision
Historic Designation
y
Condominiumizat on Text/14ap Amendment
GMS Allotment
T-ot Split/Lot Line
CK�S Exemption
Adjustment
8) Description of E i st i ng Uses (number arr3
approximate sq. ft. • rimiter type of exist-irm stzs;
of bedrucn>s; any p�ious appruvals granted to the
property).
9) Description of Development Application /
l.L Ol// 7 —1 �`Zu
9-,D,
10) Yla�cu attached the following?
Response
to Attadhmelrt 2, Mi n i m rm Submission ssion Contents
V,—
Pesporise to At:tacment 3, Specific Submission Contents
Ike to Attacoent 4, Review Starxiaids for Your Application
COLE OUT SUMMARY SHEET FOR COOPER AVENUE SUBDIVISION EXEMPTION -
CONDOMINUMIZATION
The condominiumization application was approved by the City
Council May 14, 1990. Ordinance 29 was adopted with the
following conditions:
1. Prior to the issuance of a building permit, the applicant
shall file deed restriction agreements between the applicant and
the City of Aspen (to be approved by the City Attorney) requiring
a six month minimum lease, with not more than two shorter
tenancies per year. This agreement will be duly recorded in the
real estate records of Pitkin County to ensure compliance with
the lease restriction and evidences the applicant's compliance
with the minimum lease requirements of the Code.
2. Prior to the issuance of a Certificate of Occupancy the
project shall be subject to a final inspection.
3. Prior to the plat being signed, the applicant must submit
storm runoff facilities and design and calculations prepared by a
registered engineer to be reviewed by the Engineering Department.
4. Prior to the issuance of a building permit, the dumpster
shall be relocated onto the private property as shown on the plat
and as was required with previous approvals.
5. The applicant shall grant, and indicate on the plat, a six
foot by eight foot transformer easement at the northeast corner
of the parcel.
6. Prior to filing the final plat, an inspection of the new
driveway shall be conducted by the Engineering Department.
7. The applicant shall agree to join any future improvement dis-
tricts which may be formed.
•
TO:
THRU:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Mayor and Council
Carol O'Dowd, City Manager
(V'�
Any Margerum, Planning Directorvt
Leslie Lamont, Planner
Greystone Condominiumization New Duplex, Lots N & 0,
Second Reading Ordinance 29
May '14 , 1990
-----------------------------------------------------------------
------------------------------------------------------------------
SUMMARY: The proposal involves the condominiumization of three
townhomes being constructed at 810 East Cooper Avenue. Pursuant
to Section 7-1008 of the Land Use Code, condominiumization shall
be reviewed and approved as a subdivision exemption by the City
Council. This is the second reading of Ordinance 29.
APPLICANT: Harlan "Buzz" Dopkin
LOCATION: 810 E Cooper Avenue, Lots N & 0, Block 111
ZONING: RMF
COUNCIL GOALS: This application complies with Goal 14: to
develop a consistent and fair government so that citizens know
what to expect form elected officials, employees and government
processes.
PREVIOUS COUNCIL ACTION: The applicant has already developed a
duplex on the site receiving condominiumization approval for
those two units.
At the December 18, 1989 meeting, Council granted residential
development allotments for the development of two more units on
the parcel and the inclusions of a deed restricted unit.
At the April 23, 1990 meeting, Council adopted Ordinance 29 on
first reading. The applicant also requested the
condominiumization of all three units to include the deed
restricted unit.
BACKGROUND: The applicant has constructed two townhomes on the
site as an allowed use. Condominiumization of those two units
soon followed. The applicant competed for an additional two
residential units for the same parcel. At the end of 1989, Buzz
received an allocation for two units. As a condition of
approval, Council required the provision of an on -site deed
restricted low-income studio unit which is included within the
r
condominiumization application.
PROBLEM DISCUSSION: Section 7-1008 A. allows a subdivision
exemption for the condominiumization of residential units.
The review criteria for a condominiumization are as follows:
a. Existing tenants must be notified that the units are for sale.
There are no exic-ing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. According to
the application, the Cooper Avenue Greystones, Lots N and O will
be restricted by agreement between the applicant and the City of
Aspen to six month minimum lease, with not more than twc, shorter
tenancies per year. This agreement will be duly recorded in the
real estate records of Pitkin County to ensure compliance with
the lease restriction and evidences the applicant's compliance
with the minimum lease requirements of the Code as required by
Section 7-1008 (B) (2) (c) (2) .
c. Affordable Housing Impact Fee. The applicant is exempt from
the impact fee as the development was pursuant to a Growth
Management Allocation and a deed restricted unit is provided on -
site.
d. Inspection of the proposed condominium by the Building
Department. Throughout the construction process the building will
be inspected by the Building Department. The project will be
subject to a final inspection pursuant to the issuance of a
Certificate of Occupancy.
The Engineering Department has reviewed the application, please
see attached referral comments from the Engineering Department.
RECOMMENDATION: Staff recommends approval of the
condominiumization for the three residential units at 810 Cooper
Avenue with the following conditions:
1. Prior to the issuance of a building permit, the applicant
shall file deed restrictions agreement between the applicant and
the City of Aspen (to be approved by the City Attorney) to six
month minimum lease, with not more than two shorter tenancies per
year. This agreement will be duly recorded in the real estate
records of Pitkin County to ensure compliance with the lease
restriction and evidences the applicant's compliance with the
minimum lease requirements of the Code.
2. ' Prior to the issuance of a Certificate of Occupancy the
project shall be subject to a final inspection.
3. Prior to the plat being signed, the applicant must submit
2
6
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Mayor and Council
Bill Efting, Acting City Manager
May Margerum and Leslie Lamont, Planning
Greystone Condominiumization New Duplex, Lots N & O,
and First Reading Ordinance
April 23, 1990
SUMMARY: The proposal involves the condominiumization of two
townhomes being constructed at 810 East Cooper Avenue. Pursuant
to Section 7-1008 of the Land Use Code, condominiumization shall
be reviewed and approved as a subdivision exemption by the City
Council. This is the first reading of Ordinance
APPLICANT: Harlan "Buzz" Dopkin
LOCATION: 810 E Cooper Avenue, Lots N & O, Block 111
ZONING: RMF
COUNCIL GOALS: This application complies with Goal 14: to
develop a consistent and fair government so that citizens know
what to expect form elected officials, employees and government
processes.
PREVIOUS COUNCIL ACTION: The applicant has already developed a
duplex on the site receiving condominiumization approval for
those two units.
At the December 18, 1989 meeting, Council granted residential
development allotments for the development of two more units on
the parcel.
BACKGROUND: The applicant has constructed two townhomes on the
site as an allowed use. Condominiumization of those two units
soon followed. The applicant competed for an additional two
residential units for the same parcel. At the end of 1989, Buzz
received an allocation for two units. As a condition of
approval, Council required the provision of an on -site deed
restricted low-income studio unit.
PROBLEM DISCUSSION: Section 7-1008 A. allows a subdivision
exemption for the condominiumization of residential units.
The review criteria for a condominiumization are as follows:
a. Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. According to
the application, the Cooper Avenue Greystones, Lots N and O will
be restricted by agreement between the applicant and the City of
Aspen to six month minimum lease, with not more than two shorter
tenancies per year. This agreement will be duly recorded in the
real estate records of Pitkin County to ensure compliance with
the lease restriction and evidences the applicant's compliance
with the minimum lease requirements of the Code as required by
Section 7-1008 (B) (2) (c) (2) .
c. Affordable Housing Impact Fee. The applicant is exempt from
the impact fee as the development was pursuant to a Growth
Management Allocation and a deed restricted unit is provided on -
site.
d. Inspection of the proposed condominium by the Building
Department. Throughout the construction process the building will
be inspected by the Building Department. The project will be
subject to a final inspection pursuant to the issuance of a
Certificate of Occupancy.
The Engineering Department has reviewed the application, please
see attached referral comments from the Engineering Department.
RECOMMENDATION: Staff recommends approval of the
condominiumization for the two townhomes at 810 Cooper Avenue
with the following conditions:
1. Prior to the issuance of a building permit, the applicant
shall file deed restrictions to be approved and recorded, with
the Housing Authority, providing six month minimum leases with
not more than two shorter tenancies per year.
2. Prior to the issuance of a Certificate of Occupancy the
project shall be subject to a final inspection.
3. Prior to the plat being signed, the applicant must submit
storm runoff facilities and design and calculations prepared by a
registered engineer to be reviewed by the Engineering Department.
4. The applicant shall provide, and indicate on the plat, a four
foot by four foot utility pedestal easement at the northwest
corner of the property.
5. Prior to the issuance of a building permit, the dumpster
shall be relocated onto the private property as shown on the plat
and as was required with previous approvals.
6. The applicant shall grant, and indicate on the plat, a six
0
�I
0
foot by eight foot transformer easement at the northeast corner
of the parcel.
7. Prior to filing the final plat, an inspection of the new
driveway shall be conducted by the Engineering Department.
8. The applicant shall agree to join any future improvement dis-
tricts.
PROPOSED MOTION: I move to read Ordinance No. , Series of
1990. I move to adopt Ordinance No. on first reading with
conditions as outlined in the Planning Department memo.
CITY MANAGER COMMENTS:
Attachments:
Ordinance No.
Engineering Referral Comments
grey. cc
3
ATTACHMENT B - Referral Comments
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. Storm runoff requirements of Section 24-7-1004C.4.f must be
met. The applicant must submit storm runoff facilities and
design and calculations prepared by a registered engineer prior
to the plat being signed. '
2. The owner's and title certificates appear to have a minor
legal discrepancy. The applicant reportedly no longer owns the
portion of the property on which the current structure is
located. If this is not the case, then we request a four foot by
four foot utility pedestal easement at the northwest corner of
the property.
If the applicant has a legal tie with the existing condominium
structure, the approval should be conditioned on removing the
trash dumpster from the alley. The dumpster is not located as
shown on the plat, and a fence has been constructed which blocks
locating the dumpster on the private property as shown on the
plat and as was required with previous approvals.
3. It is recommended that approval of this application be
conditioned upon the applicant agreeing to convey a six foot by
eight foot transformer easement at the northeast corner of the
parcel. This would be indicated on the current plat amendment.
The zone district is also required to be indicated on the plat.
4. The applicant is reminded that duplication of the existing
driveway is not permitted for the next structure and that any
work which might need to be performed in the public right-of-way
requires an excavation permit prior to the work, obtainable from
the city street superintendent.
5. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right -of -x-ray using language currently
available from the city attorney's office.
0 0
MEMORANDUM
To: Leslie Lamont, Planning Office
From: Chuck Roth, City Engineer ec-fz
Date: April 11, 1990
Re: Cooper Avenue Greystones Condominiumization
Having reviewed the above referenced application, and having made
a site inspection, the engineering department has the following
comments:
1. Storm runoff requirements of Section 24-7-1004C.4.f must be
met. The applicant must submit storm runoff facilities and
design and calculations prepared by a registered engineer prior
to the plat being signed.
2. The owner's and title certificates appear to have a minor
legal discrepancy. The applicant reportedly no longer owns the
portion of the property on which the current structure is
located. If this is not the case, then we request a four foot by
four foot utility pedestal easement at the northwest corner of
the property.
If the applicant has a legal tie with the existing condominium
structure, the approval should be conditioned on removing the
trash dumpster from the alley. The dumpster is not located as
shown on the plat, and a fence has been constructed which blocks
locating the dumpster on the private property as shown on the
plat and as was required with previous approvals.
3. It is recommended that approval of this application be
conditioned upon the applicant agreeing to convey a six foot by
eight foot transformer easement at the northeast corner of the
parcel. This would be indicated on the current plat amendment.
The zone district is also required to be indicated on the plat.
4. The applicant is reminded that duplication of the existing
driveway is not permitted for the next structure and that any
work which might need to be performed in the public right-of-way
requires an excavation permit prior to the work, obtainable from
the city street superintendent.
5. The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing
improvements in the public right-of-way using language currently
available from the city attorney's office.
cc: Bob Gish, Public Works Director
memo_90.62
0
•
HOLLAND & HART
ATTORNEYS AT LAW
DENVER 600 EAST MAIN STREET TELEPHONE (303) 925-3476
DENVER TECH CENTER ASPEN, COLORADO 81611 TELECOPIER (303) 925-9367
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
WASHINGTON, D.C. THOMAS J. TODD
February 28, 1990
Ms. Leslie LaMont
Aspen/Pitkin Planning Department
130 South Galena Street
Aspen, Colorado 81611
Re: Cooper Avenue Greystones Condominiums
Dear Leslie:
This law firm represents two Canadian corporations, 312009
Ontario, Ltd. and 757253 Ontario, Ltd. These corporations own
condominium units 810 and 812, respectively, of the Cooper Avenue
Greystone Condominiums. We understand that Buzz Dopkin, the
developer of the Cooper Avenue Greystones Condominiums project,
is in the process of submitting development plans for the
construction of two additional condominium units located adjacent
to and directly east of our clients' condominium units. To the
extent possible, I would appreciate your placing me on the
mailing list for notices associated with hearings, meetings or
correspondence connected with this project.
Thank you very much.
Very truly yours,
i
Thomas J. Todd
for Holland & Hart
TJT/pal
cc: Mr. Herb Frieberg
Mr. Jerry Sprackman
#3250008/(--)6/9O 13:45 Hec $10.00 • 626 PF 591
Silvia Davis, Pitl•::in Cnty Clerk, Doc $.,C)C)
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF
COOPER AVENUE GREYSTONE CONDOMINIUMS
LOTS M,N & 0, BLOCK 111, ASPEN TOWNSITE
WHEREAS, HARLAN DOPKIN (hereinafter "Applicant") is the
owner of Lots M, N, & O, Block 111, commonly known as Cooper
Greystones as recorded in Book 565, Page 601 of the real property
records of the Pitkin County Recorder, Aspen, Colorado; and
WHEREAS, the foregoing described real property conta.-ins
three approved residential units; and
WHEREAS, Applicant has regt:ested an exception from the full
subdivision process for the purpose of condominiumization of the
three units on the subject property to be known as Cooper Avenue
Grersione Condominiums; and
WHEREAS, the City Council determined at its regular meeting
held May 14, 1990, that such exception was appropriate and
granted the same subject, however, to certain conditions as set
forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the Application for the Exception from Full
Subdivision Process for the Purpose of Condominiumization of the
above -described property is proper, and hereby grants an
exception from the full subdivision process for such
condominiumization subject to the following conditions:
1. Prior to the issuance of a building permit, the applicant
shall record deed restrictions for the benefit of the City of
Aspen and as approved by the Aspen/Pitkin County Housing
Authori-i:y and which shall require that any lease for the subject
condominiums be for a term of not less than six (6) months,
except that two (2) shorter lease terms shall be permitted per
unit per year.
2. Prior to the issuance of a Certificate of Occupancy the
project snall be subject to a final inspection.
3. Prior to the plat being signed, the applicant must submit
storm runoff facilities and design and calculations prepared by a
registered engineer to be reviewed by the Engineering Department.
4. Prior to the issuance of a building permit, the dumpster
shall be relocated onto the private property as shown on the plat
and as was required with previous approvals.
5. The applicant shall grant, and indicate on the plat, a six
foot by eight foot transformer easement at the northeast corner
of the parcel.
6. Prior to filing the final plat, an inspection of the new
#7*07 48/06/9C) 13:45 Rec $1i� Bk:: 626 PG 592
i.a Davi. ritk:i.n Cnty Cler,-,, Doc $.(..
driveway shall be conducted by the Engineering Department.
7. The ap ican -shall agree to join any future improvement dis-
tricts wh c ma,4 be formed.
DATED �,hi
Harlan Dopkin
APPROVED AS TO FORM:
City Attorney
ft
1989.
CITY OF ASPEN, a Colorado
municipal corporation
by
Wi liam L. Stirli g, Mayor
I, Kathryn S. Koch, do certify that the foregoing Statement of
exception from the Full Subdivision Process for the Purpose of
Condominiumization for Cooper Avenue Greystone Condominiums, was
considered and approved by the Aspen City Council at its regular
meeting held Monday May 14, 1990, at which time the Mayor was
authorized to execute the sam on behalf of the City of Aspen.
Z
Kathryn . Koch, City Clerk
2
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•
1=1325008 626 ',,G 593
CONDOMINIUM DECLARATION ii
FOR
COOPER AVENUE GREYSTONE CONDOMINIUMS
(A Condominium)
(amended as of 8/3/90)
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Harlan Dopkin, Hereinafter called "Declarant," is
the owner of the following described real property situated in
the Cit of Aspen, County of Pitkin, State of Colorado, to wit:
A parcel of land Lots M, N & O, Block 111, City of
Aspen.
Said parcel is more fully described by
reference to the Condominium Plat Map.
WHEREAS, the above described property is presently developed
with the following improvements, to wit: A two story brick five-
plex residence containing five separate townhouse apartments.
Known as 81.0, 812, 814, 816, 818 E. Cooper Avenue. Unit 818
being a deed restricted studio unit controlled by all rules and
regulations of the Pitkin County Housing Authority.
WHEREAS, Declarant desires to create a condominium project
on said property under the Condominium Ownership Act of the State
of Colorado, and to establish thereby a plan for the ownership in
fee simple of real property estates consisting of the area or
space contained in each of the "Units" as hereinafter defined,
and the ownership by one or more of the individual and separate
owners thereof, as tenants in common, of all of the remaining
real property hereinafter defined and referred to as the "Common
Elements."
NOW, THEREFORE, Declarant does hereby publish and declare
that the following terms, covenants, conditions, be deemed to run
with the land, shall be a burden upon and a. benefit to Declarant,
Declarant's heirs, personal representatives, successors and
assigns and any persons acquiring their grantees, lessees,
successors, heirs, executors, administrators, devisees or
assigns.
1. DEFINITIONS. Unless the context shall expressly
provide otherwise, the following definitions shall apply:
(a) "Unit" means the individual air space contained within
the i.nter.ior surfaces of the perimeter walls, floors, ceilings,
windows, doors and built-in fireplaces, if any, of each of the
apartments located in the five-plex situated on the real property
described above, together with all fixtures and improvements
therein contained, but not including any of the structural
components of such building, if any, within a Unit contained
therein, which Units are shown on the Condominium Map and
identified. thereon by the letters numbers 810 and. 812.
(b) "Condominium Unit" means a Unit together with the
undivided interests in the Common Elements appurtenant to
such Unit.
(c) "Owner" means the person or persons or entity or
entities, i.nc ud.i.ng Declarant, who own fee simple title to a
Condominium Unit. The term Owner shall not include the owner or
owners of any lesser estate or interest.
(d) "Mortgage" mea.ns any mortgage, deed of trust, or other
security instrument by which a Condominium Unit or any part
thereof is encumbered.
1
��. r- 5 i +i 626 F'r 594
1-, ;. Y_ I ; n r i-� .h �, f ;1 Far•. _. ,: _ _
(e) "Mortgagee" means any person or entity named as the
mortgagee or beneficiary under any mortgage which encumbers the
interest of any Owner.
(f) "Condominium Map" means the Condominium Map for Cooper
Avenue Greystone Condominiums filed or to be filed in the records
in the office of the Clerk and Recorder of Pitkin County,
Colorado.
(g) "Common Elements" means: (i) all of the Real Property;
(ii) the foundations, columns, girders, beams, supports, main
wall,s roofs and r_rawlspaces contained in each of the building
improvements which are the subject of this Declaration, and the
"party wall" dividing Units 810 and 812 as shown on the
Condominium Map; (iii) the installations in such buildings
consisting of the equipment and materials making up the central
services such as tanks, pumps, motors, fans, compressors, ducts,
power, sewer, light, gas, hot and cold water, heating,
ventilating and air conditioning and, in general, all apparatus
and installations existing for common use; and (iv) all other
parts of the five-plex and of the above described real property
necessary or convenient to its existence, maintenance and safety
or normally in common use.
(h) "General Common Elements" means all Common Elements
except Limited Common Elements, as hereinafter defined.
(i) "Limited Common Elements" means any portion of the
Common Elements designated herein —for the exclusive use of the
Owner or Owners of a Condominium Unit or Units as shown on Plat
Map.
(j) "Real Property" means: A parcel of land. Said parcel
is more fulT-y--Te-scribed by reference to the Condominium Plat Map.
(k) "Project" means the Real Property and all buildings and
other improvements now or hereafter located on the Real Property,
and all rights, easements and appurtenances belonging thereto.
(1) "Managing Agent" means the person or entity which shall
be selected ana appointees by the Owners of the Condominium Units
pursuant to the provisions of Paragraph 12 of this Declaration.
2. DIVISION INTO CONDOMINIUM UNITS. This Project is
hereby divided into Condominium Units, each consisting of a
separate fee simple estate in a particular Unit and the following
described appurtenant undivided fee simple interests in the
Common Elements:
(a) Real
Property
810
25%
812
25%
814
24%
816
24%
818
2%
Common Elements:
(b) Five-plex Common Elements:
810
25%
812
25%
814
24%
816
24%
818
2%
2
#325000 (:)n: /o6/9(:) 1.3- 51. Rec $55. �-?r St' 626 595
r
Silvia Davis, I<:3.n Cnt.y C1.er I•::,, n,-,- .„�,r,
Each owner shall own his appurtenant undivided interests in the
Common Elements as a tenant in common with the Owner or Owners
also owning an interest in such Common Elements.
3. INSEPARABILITY OF A UNIT. Each Unit and the
undivided interests in the Common Elements appurtenant thereto
shall be inseparable and may be conveyed, leased, encumbered,
devised or inherited only as a Condominium Unit.
4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed,
lease, mortgage, trust deed, will, or other instrument may
legally describe Condominium Unit by its identifying Unit number,
followed by the words "Cooper Avenue Greystone Condominiums" with
further reference to the recorded Declaration and Map. Every
such description shall be deemed good and sufficient for all
purposes to sell, convey, transfer, encumber or otherwise affect
not only the Unit but also the General Common Elements and the
Limited Common Elements appurtenant thereto. Each such
description shall be construed to include the right to the use of
the Limited Common Elements appurtenant thereto to the exclusion
of all third parties not lawfully entitled to use the same.
5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO
ASSESSOR. Declarant shall give written notice to the assessor of
Pitkin County, Colorado, of the creation of condominium ownership
of this property, as is provided by law, so that each Unit and
the interests appurtenant thereto shall be deemed a separate
parcel and subject to separate assessment and taxation.
6. TITLE. A Condominium Unit maybe held and owned by
more than one person as joint tenants or as tenants in common, or
in any real property tenancy relationship recognized under the
laws of Colorado.
7. NONPARTITIONABI_LITY OF COMMON ELEMENTS. The
Common Elements shall be owned in common by the Owners as
hereinafter provided, and there shall be no judicial or other
partition of the Common Elements or any part thereof, nor shall
any Owner bring any action seeking partition thereof.
8. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS.
Each Owner shall be entitled to exclusive ownership and
possession of his Unit. Each Owner may use the General and
Limited Common Elements in accordance with the purpose for which
they are intended, without hindering or encroaching upon the
lawful rights of the other Owners.
9. USE AND OCCUPANCY. Each Condominium Unit shall be
used and occupied for residential purposes only, and except as
provided in this Paragraph, no trade or business of any kind may
be carried on therein. Lease or rental of a Condominium Unit for
lodging or residential purposes shall not be considered to be a
violation of this covenant.
10. EASEMENTS FOR ENCROACHMENTS. If any portion of
the Common Elements now or hereafter encroaches upon a Unit, a
valid easement for the encroachment and for the maintenance of
same, so long as it stands, shall and does exists. If any portion
of a Unit now or hereafter encroaches upon the Common Elements or
upon an adjoining Unit, a valid easement for the encroachment and
for the maintenance of same, so long as it stands, shall and does
exist. For title or other purposes, such encroachment and
easements shall not be considered or determined to be
encumbrances either on Common Elements or the Units.
11. TERMINATION OF MECHANIC'S LIEN RIGHTS AND
INDEMNIFICATION. No labor performed or materials furnished and
incorporated in a Unit with the consent or at the request of the
Owner thereof or his agent or his contractor or subcontractor
3
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shall be the basis for the filing of a lien against the Unit of
any other Owner not expressly consenting to or requesting the
same, or against the interests in the Common Elements owned by
such other Owners. Each Owner shall indemnify and hold harmless
each of the other Owners from and against all liability arising
from the claim of any lien against the Unit of any other Owner or
against the Common Elements for construction performed or for
labor, materials, services, or other products incorporated in or
otherwise attributable to the Owner's Unit at such Owner's
request.
12. ADMINISTRATION AND MANAGEMENT. Each Owner shall manage
his own Unit, unless a majority of Owners of all units agree upon
the appointment of a Managing Agent to administer all such Units.
Notices of Appointments of the Managing Agent by the Owners of
all units hereunder shall be placed on record by the Manager
insofar as required by law or practice. Until changed by a
majority of Owners, the Managing Agent of such Units shall be
Buzz Dopkin.
13. RESERVATION FOR ACCESS - MAINTENANCE, REPAIR AND
EMERGENCIES. The Owners shall have the irrevocable right to have
access to each Unit from time to time during reasonable hours as
may be necessary for the inspection, maintenance, repair or
replacement of any of the General Common Elements thereon or
accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the General or Limited Common
Elements or to another Unit or Units.
Damage to the interior of any part of a Unit resulting from
maintenance, repair, emergency repair or replacement of any of
the General Common Elements or as a result of emergency repairs
within a Unit at the instance of another Unit Owner shall be a
Common Expense of all of the Owners of Units having an interest
in such General Common Elements; provided, however, that if such
damage is the result of the negligence of a Unit Owner, then such
Unit Owner shall be responsible for all of such damage.
14. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes of
maintenance, repair, alteration and remodeling, an Owner shall be
responsible for the exterior surfaces of such Owner's Unit and
the Limited Common Elements assigned thereto, and the windows,
doors, interior nonsupporting walls, materials, ceilings and
floors within the Unit. An Owner shall not be deemed to own any
utilities running through his Unit which server more than one
Unit except as a tenant in common with the adjoining Unit Owner.
Such obligation and/or right to repair, alter and remodel shall
carry the obligation to replace any .finishing materials of equal
or better quality, and to maintain the Limited Common Elements in
a neat and clean condition. Any materials alteration, remodeling
or refinishing of any unit interior shall require the prior
mutual written consent and approval of 80% of the Owners of the
entire project.
An Owner shall maintain and keep the interior of his own
Unit and the Limited Common Elements appurtenant thereto in good
taste and repair, including the fixtures thereof. All fixture
and equipment installed within the Unit commencing at a point
where the utility lines, pipes, wires, conduits or systems (which
for brevity are hereafter referred to as ("utilities") enter the
Unit shall be maintained and kept in repair by the Owner thereof.
As previously stated in the contract of sale, absolutely no
remodeling or construction activities affecting the exterior of
the property shall be permitted without the prior written consent
and approval of all Cooper Avenue Greystone unit owners and Buzz
Dopkin, designer and builder of project.
15. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each Owner
shall comp y strict y with the provisions of this Declaration as
the same may be lawfully amended form time to time. Failure so to
comply shall be grounds for an action to recover sums due an;d
for damages or injunctive relief or both, maintainable by the
Managing Agent (where appropriate) or by an aggrieved Owner or
Owners.
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16. REVOCATION OR AMENDMENT TO DECLARATION. This
Declaration sFa_T1 not be revoked nor shall any of the provisions
herein be amended unless 80% of the Owners, and covering or
affecting any or all Condominium Units consent and agree to such
revocation or amendment by instrument(s) which shall be duly
recorded.
17. ALL ASSESSMENT FOR UNITS COMMON EXPENSE. The Owners of
Units shall e obligated to pay the assessments imposed by the
Managing Agent to meet the Common Expenses incurred in connection
with such Units. Except for Limited Common Elements liability
insurance premiums, the assessments shall be made pro rate
according to each Owner's fractional interest in and to the five-
plex Common Elements. Assessments for the estimated Common
Expenses, including all insurance except the aforesaid liability,
shall be due quarterly in advance on the first days of January,
April, July, and October. The Managing Agent or other Owner
incurring the cost shall prepare and deliver or mail to each
Owner an itemized statement showing the various estimated or
actual. expenses for which the assessments are made. Contribution
for quarterly assessments shall be pro -rated if the ownership of
a Condominium Unit commences on a day other than the first day of
a calendar. quarter. Percentage of common expenses shall be as
follows:
810 25 %
812 25 %
814 24%
816 24%
818 2%
Assessments for reasonable actual Common Expenses may be
made, by the Managing Agent, or an Owner incurring the same among
other things, for the following: Expenses of management; taxes
and special assessments, until. separately assessed; fire
insurance with extended coverage and vandalism and malicious
mischief insurance with endorsements attached issued in the
amount of the maximum replacement value of all units, casualty
and other insurance premiums; landscaping and care of General
Common Elements; common electrical, water, gas and sewer charges
unless and until any or all of the above are separately metered;
repairs and renovations; garbage collections; wages; legal and
accounting fees; management fees; expenses and liabilities
incurred by the Managing Agent or other Owner under or by reason
of this Declaration; the payment of any deficit remaining from a
previous period; the creation of a reasonable contingency or
other reserve or surplus fund as well as other costs and expenses
relating to the appurtenant Common Elements. The omission or
failure of the Managing Agent to fix the assessment for any
quarter shall not be deemed a waiver, modification or a release
of the subject Owners from their obligation to pay.
18. INSURANCE. One policy of public liability insurance
covering all of the' General Common Elements shall be purchased
and maintained in effect at all times by the Owners of all of the
Condominium Units, in an amount deemed appropriate by such
Owners, and the cost thereof shall be shared in accordance with
such Owners' respective undivided. interests in the Real Property
COmmon Elements. Fire, casualty and extended coverage insurance,
on the other hand, shall be the sole responsibility of. the Owners
of all Units. Insurance coverage on the furnishings, additions
and improvements incorporated into a Unit and all time of
personal property belonging to an Owner, and casualty and public
liability insurance coverage within each undivided Unit and those
Limited Common Elements reserved for the exclusive use of a
particular Unit Owner shall be the sole responsibility of the
Owner thereof.
19. OWNERS' PERSONAL OBLTGATTON FOR PAYMENT OF
ASSESSMF,NTS. The amount of the Common Expenses assessed
against or incurred on account of all Units shall be the
personal and individual debt of the Owner thereof. Suit to
recover a money judgment for unpaid Common Expenses shall be
5
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maintainable by the Managing Agent, or any aggrieved Owner
without foreclosure or waiving the lien securing same. No Owner
may exempt himself from liability for his contribution towards
the Common Expenses by Waiver of the use or enjoyment of any of
the Common Elements or by abandonment of his Unit.
20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums due
or unpaid for the share of Common Expenses chargeable to
Condominium Units 810 through 818 including interest thereon at
twelve percenter per annum, shall constitute a lien on such Unit
superior (prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the Unit in favor
of any assessing entity; and
(b) All sums unpaid on a first mortgage or first deed. of
trust or. .record, including all unpaid obligatory sums as may be
provided by such encumbrance, including additional advance,
refinance or extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien, the aggrieved Owner or. Managing Agent
may, but shall. not he required to, prepare a written notice
setting forth the amount of such unpaid indebtedness, the name of
the defaulting Owner of. the Condominium Unit and a description of
the Condominium Unit. Such a notice shall be signed. by the
aggrieved Owner or the managing Agent, as appropriate, and may be
recorded in the office of the Clerk and Recorder of the County of
Pitkin, State of Colorado. Such lien for the Common Expenses
shall attach from the date of the failure of payment of the debt,
and may be enforced by foreclosure on the defaulting Owner's
Condominium Unit by the aggrieved Owner or the Managing Agent in
like manner as a mortgage or deed of trust on real. property upon
recording of a notice of claim thereof.. In any such foreclosure
the defaulting Owner shall be required.to pay the costs and
expenses of such proceedings, the costs and expenses for filling
the notice or claim of lien and all reasonable attorneys' fees.
The defaulting Owner shall also be required to pay to the
foreclosing party a reasonable rental for. the Condominium Unit
during the period of foreclosure, and the foreclosing party shall
have the power to bid in the Condominium Unit at foreclosure sale
and to acquire and hold, lease, mortgage and convey the same.
Any encumbrancer holding a licence on Condominium Units 810
through 818 may pay any unpaid Common Expense payable with
respect to such Unit, and upon such payment such encumbrancer
shall have a. lien on such Unit for the amounts paid of the same
priority as the lien of his encumbrance.
21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT. Upon payment of a reasonable fee not to
exceed ten dollars and upon the written request of any Owner or
any Mortgagee or prospective Mortgagee of Condominium Units 810
through 818, the Managing Agent or the Owner of the five-plex
unit shall issue a written statement setting forth the amount of
the unpaid. Common Expenses, if any, with respect to the subject
Unit, the amount of the current quarterly assessment and the date
such assessment becomes due, credit for advance payments or for
prepaid items, including but not limited to insurance premiums,
which shall. be conclusive upon the issuer of such statement in
favor of all persons who .rely thereon in good faith. Unless such
request for a statement of indebtedness is complied with within
ten days, all unpaid Common Expenses which become due prior to
the date of making such request shall be subordinate to the lien
of the person requesting such statement.
The grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the
latter for his proportionate share of the Common Expenses up to
the time of the grant or conveyance, without prejudice to the
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grantee's right to recover from the grantor the amounts paid by
the grantee therefor; provided, however, that upon payment of a
reasonable free not to exceed ten dollars, and upon written
request, any prospective grantee shall be entitled to a statement
from the Managing Agent or Owner of the five-plex unit, setting
forth the amount of the unpaid assessments, if any, with respect
to the subject Unit, the amount of the current quarterly
assessment and the date that such assessment become due, credit
for advance payments or for prepaid items, including but not
limited to insurance premiums which shall be conclusive upon the
issuer or such statement. Unless such request for a statement of
indebtedness shall be complied with within ten days of such
request, then such grantee shall not be liable for, nor shall the
Unit conveyed be subject to a lien for, any unpaid assessments
against the subject Unit.
22. MORTGAGING A CONDOMINIUM UNIT - PROPERTY. Any Owner
shall have the right from time to time to mortgage or encumber
his interest by deed of trust, mortgage or other security
instrument. A first mortgage shall be one which has first and
paramount priority under applicable law. The Owner of a
Condominium Unit may create junior mortgages on the following
conditions: (1) Any such junior mortgages shall always be
subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for common
expenses, and other obligations created by this Declaration; (2)
The Mortgagee under any junior mortgage shall. release, for the
purpose of restoration of any improvements upon the mortgage
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which
insurance policies were effected and planed. upon the mortgaged
premises by the Managing Agent or other Owners. Such release
shall he furni-shed forthwith by a junior mortgagee upon written
request of the Managing Agent or Owners of the other Unit.
23. ATTORNEY -IN -FACT IN CASE OF DESTRUCTION, REPAIR OR
OBSOLESCENCE. This Declaration hereby makes mandatory the
irrevocable appointment of an Attorney -in -Fact to deal with
Condominium Units 81.0 through 8.1.8 upon their destruction, repair
or obsolescence.
Title to both of such Condominium Units is declared and
expressly made subject to the terms and conditions hereof, and
acceptance by any grantee of a. deed from the Declarant or from
any Owner shall constitute appointment of the Attorney -in -Fact
herein provided. All of the Unit 81.0 through 81.8 Owners
irrevocably constitute and appoint the Managing Agent, from time
to time appointed pursuant to this Declaration, their true and
lawful attorney in their name, place and stead for the purpose of
dealing with the property upon. its destruction, repair or
obsolescence as is hereafter provided. Said Attorney -.in -Fact
shall have full and complete authorization, right and power to
make, execute and deliver and contract, deed or any other
instrument with respect to the interest of a Condominium Unit
Owner which are necessary or appropriate to the exercise of the
powers herein granted. Repair and rer.onstructi.on of the
improvements as used in the succeeding ,subparagraphs means
restoring the improvements to substantially the same condition in
which they existed prior to the damage, with each Unit and the
General and Limited Common Elements appurtenant thereto having
the same vertical andhorizontal hou ndaries as before. The
proceeds of any insurance collectedshall. be available, to the
Attorney -in -Fart for the purpose of repair, restoration or
replacement unless the Owners of Units 810 through 818 and all
first mortgagees thereon agree not to.rebui.id in accordance with
the provisions set forth hereinafter.
7
":"�( C?r3/(?F_ /9(? a.;`.i' :1. r� c i>`_:i . '�!:: 626 PC) 600
(a) In the event of damage or destruction due to fire or
other disaster, the insurance proceeds, if sufficient to
reconstruct the improvements, shall be applied by the Attorneys -
in -Fact to such reconstruction, and the improvements shall be
promptly repaired and reconstructed. The Attorney -in -Fact shall
have full authority, right and power, as Attorney -in -Fact, to
cause the repair and restoration of the improvements.
(b) If the insurance proceeds are insufficient to repair
and reconstruct the improvements, such damage or destruction
shall be promptly repaired and reconstructed by the Attorney -in -
Fact, using the proceeds of insurance and the proceeds of an
assessment to be made against all of the Unit 810 through 818
Owners and their Condominium Units. Such deficiency assessments
shall be a Common Expense and made pro rata according to each
Owner's fractional interest in the five-plex Common Elements, and
shall be due and payable within thirty days after written notice
thereof. The Attorney -in -Fact shall have the authority to cause
the repair or restoration of the improvements using all of the
insurance proceeds for such purpose notwithstanding the failure
of an Owner to pay the assessment. The assessment provided for
herein shall be a debt of each Owner and a lien on his
Condominium Unit and may be enforced and collected as is provided
in Paragraph 20. In addition thereto, sell the Condominium Unit
of any Owner refusing or failing to pay such deficiency
assessment within the time provided, and if not so paid, the
Attorney -in -Fact shall cause to be recorded a notice that the
Condominium Unit of the delinquent Owner shall be sold by the
Attorney -in -Fact. The proceeds derived from the sale of such
Condominium Unit shall be used and disbursed by the Attorney -in -
Fact, in the following order:
(1) For payment of the balance of the lien of any first
mortgage;
(2) For payment of taxes and special assessment liens in
favor of any assessing entity:
(3) For payment of unpaid Common Expenses;
(4) For payment of junior liens and encumbrances in the
order of and to the extent of their priority; and
(5) The balance remaining, if any, shall be paid to the
Condominium Unit Owner.
(c) The Owner of one of such Units may give notice to the
other Unit Owners that Units 810 through 818 are obsolete and
that the same should be renewed or reconstructed. If Owners
agree, then the expense thereof_ shall be payable by all of the
Owners as Common Expenses; provided, however, that any Owner not
in agreement to such renewal or construction may give written
notice to the Attorney -in -Fact that such Unit shall be purchased
by the Attorney -in -Fact for the fair market value thereof. If
such Owner and the Attorney -in -Fact can agree on the fair market
value thereof, then such sale shall be consummated within thirty
days thereafter. Tf the parties are unable to agree, the date
when either party notifies the other that he or it is unable to
agree with the other shall be the "commencing date" from which
a_11. periods of time mentioned herein shall be measured. Within
the days following the commencing date, each party shall nominate
in writing, and give notice of such nomination to the other
party, an appraiser who shall be a duly qualified appraiser or a
realtor and be qualified to make appraisals of condominium and
similar property in Pitkin County, Colorado. If either party
fails to make such a nomination, the appraiser nominated shall,
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within five days after default by the other party, appoint and
associate with him another similarly qualified appraiser. Tf the
two appraisers designated by the parties, or selected pursuant
hereto in the event of the default of one party, are unable to
agree, they shall appoint a.nother similarly qualified appraiser
to be arbitrator between them. The decision of the appraisers as
to the fair market value shall he final and binding. The
expenses and fees of such appraisers shall be borne equally by
the Attorney -in -Fact and the Owner. The sale shall he
consummated within fifteen days thereafter, and the Attorney -in -
Fact shall disburse such proceeds as is provided in subparagraph
(b)(1) through (5) of this paragraph.
(d) Owners of. Units 810 through 818 may agree that Units
81.0 through 81.8 are obsolete and that the same should he sold.
Such agreement must have the unanimous approval of every
Mortgagee. In such instance, the Attorney -in -Fact shall
forthwith record a notice setting forth such fact or facts, and
upon the recording of such notice by the Attorney -in -Fact,
Condominium Units 810 through 81.8 shall be sold by the Attorney -
in -Fact for all of the owners, subject to all of the provisions
contained in this Declaration and the Map. The sales proceeds
shall be apportioned among the affected Owners on the basis of
each Owners' fractional interest in the five-plex Common
Elements, and such apportioned proceeds shall be paid into
separate accounts representing each such Condominium Unit. Each
such account shall he in the name of the Attorney -in -Fact, and
shall be further identified by the letter of the Unit and the
name of the Owner.. From each separate account, the Attorney -in -
Fact shall use and disburse the total amount of such accounts,
without contribution from one amount to another, for the same
purpose and in the same order as provided in subparagraph (b)(1)
through (5) of this paragraph.
24. ATTORNEY -TN -FACT IN CASE OF CONDEMNATTON. This
Declaration hereby makes mandatory the irrevocable appointment of
an Attorney -in -Fact to deal with the Project in the event of its
complete or partial condemnation. Title to all of the
Condominium Units is declared and expressly made subject to the
terms and conditions hereof, and acceptance by any grantee of a
deed from the Declarant or from any Owner shall constitute
appoint of the Attorney -in -Fact herein provided. Declarant
hereby appoints Richard Orman his true and lawful
attorney in his name, place and stead for the purpose of dealing
with the Project upon its condemnation as is herei.na.fte.r.
provided. Said Attorney -in -Fart may he changed at any time by
the Owners having a majority of the percentage interests in the
Real Property Common Elements, such change only to he effective
upon the recording of a. notice designating the new Attorney -in -
Fact under this Paragraph 24 in Pitki.n County, Colorado, real
property records. Said Attorney -in -Fact shall have full and
complete authorization, right and power to make, execute and
deliver any contract, deed or other instrument with respect to
the interest of a Condominium Unit owner which are necessary or
appropriate to the exercise of the powers herein granted.
(a) Conse uences of Condemnation. Tf at any time or times
during the continuance o. the Condominium ownership pursuant to
this Declaration, all or any part of the Project shall be taken
or condemned by a public authority or sold or otherwise disposed
of in lieu of or in avoidance thereof, the following provisions
shall apply.
(1) Proceeds. All compensation, damages or other
proceeds therefrom, the sum of which is hereinafter
called the "Condemnation Aware," shall he payable
to the Attnrney-in-Fact.
(2) Com lete Taking. Tn the event that the entire
project is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance
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thereof, the Condominium Ownership pursuant thereto
shall terminate. The Condemnation Award shall be
apportioned among the Owners on the basis of each
Owner's fractional interest in the Real Property Common
Elements, provided that if a standard different from
the value of the property as a whole is employed to
measure the Condemnation Award in the negotiation,
judicial decree, or otherwise, then in determining such
shares the same standard shall be employed to the
extent it is relevant and applicable.
On the basis of the principal set forth in the last
preceding subparagraph, the Attorney -in -Fact shall as
soon as practicable determine the share of the
Condemnation Award to which each Owner is entitled.
Such shares shall be paid into separate accounts and
disbursed as soon as practicable in the same manner
provided in Paragraph 23(d).
(3) Partial Takin_q. In the event that less than the
entire Project is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance
thereof, the Condominium Ownership hereunder shall not
terminate. Each Owner shall be entitled to a share of
the Condemnation Award to be determined in the
following manner: As soon as practicable the Attorney -
in -Fact shall, reasonably and in good faith, allocate
the Condemnation Award between compensation, damages or
other proceeds, and shall apportion the amounts so
allocated among the Owners, as follows: (a) the total
amount allocated to taking of or injury to the General
Common Elements, (b) the total amount allocated to
severance damages shall be apportioned to those
Condominium Units which were not taken or condemned,
(c) the respective amounts allocated to the taking of
or injury to a particular Unit and/or improvements an
Owner had made within his own Unit shall be apportioned
to the particular Unit involved, and (d) the total
amount allocated to consequential damages and any other
takings of injuries shall be apportioned as the
Attorney -in -Fact determines to be equitable in the
circumstances. If an allocation of the Condemnation
Award is already established in negotiation, judicial
decree or otherwise, then in allocating the
Condemnation Award the Attorney -in -Fact shall employ
such allocation to the extent it is relevant and
applicable. Distribution of apportioned proceeds shall
be disbursed as soon as practicable in the same manner
provided in Paragraph 23(d).
(4) Reorganization. In the event a partial taking
results in the taking of a complete Unit, the Owner
thereof automatically shall cease to be an Owner under
this Declaration.
(5) Reconstruction and Rpair. Any reconstruction and
repair necessitated by condemnation shall be governed
by the procedures specified in Paragraph 23 hereof, in
which case such paragraph shall be construed to apply
to both Condominium Units.
25• MAILING OF NOmrrF2, Each Owner shall register his
mailing address with the other Owners and all notices or demands
intended to be served upon any Owner shall be sent by either
registered or certified mail, postage prepaid, addressed in the
name of the Owner at such registered mailing address. All notices
or demands intended to be served upon the Owners shall be given
by registered or certified mail, postage prepaid, to the
registered address thereof. All notices or demands to be served
on Mortgagees pursuant hereto shall be sent by either registered
10
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on Mortgagees pursuant hereto shall be sent by either registered
or certified mail., postage prepaid, addressed in the name of the
Mortgagee at such address as the Mortgagee may have furnished to
the Owners in writing. Unless the Mortgagee so furnishes such
address, the Mortgagee shall be entitled to receive none of the
notices provided for in this Declaration. Any notice referred to
in this Section shall be deemed given when deposited in the
United States mail in the form provided for in this Section.
26. PERIOD OF CONDOMINIUM OWNERSHIP. This separate
condominium estates created by this Declaration and the
Condominium Map shall continue until this Declaration is revoked
in the manner and as is provided in Paragraph 16 of this
Declaration or until terminated in the manner and as is provided
in Paragraph 24 of this Declaration.
27. GENERAL.
(a) I£ any of the provisions of this Declaration or any
paragraph, sentence, clause, phrase or word or the application
thereof in any circumstances be invalidated, such invalidity
shall not affect the validity of the remainder of. this
Declaration.
(b) The provisions of this Declaration shall be in addition
and supplemental. to the Condominium Ownership Act of the State of
Colorado and to all other provisions of law.
(c) Whenever used herein,
otherwise provide, the singular
the plural. the singular, and the
all genders.
IN WITNESS WHEREOF, Decja
Declaration this day,"of
STATE OF COLORADO )
SS.
County of Pitkin )
unless the context shall
numb P .hal clude the plural,
use of. a general all include
ha ul ex ut`e this
_ 9, 0.
Harlan Dop
The forego' g in trument was
day of ��� 19 9 0 .
WITNESS my hand and official.
11
acknowledged before me this;;
seal. My commission -.expires: l�
,-
•
0
Of
943
CO
SUBDIVISION AGREEMENT FOR LOTS M N AND O
E �
a z
ca'�
BLOCK Ill CITY AND TOWNSITE OF ASPEN
�U
r..
THIS
AGREEMENT is made this 29th day of January, 1990,
between
HARLAN
DOPKIN (the "Owner"), and THE CITY OF ASPEN, a home rule
municipal corporation (the City").
RECITALS
WHEREAS, Owner owns that certain real property (the
"Property") located in the City of Aspen, Caun- — Of Pi+'
described as:
Lots M,N, and O, Block 111, City and
Townsite of Aspen, County of Pitkin,
State of Colorado; and
WHEREAS, on December 18th, 1989, the City Council of the City
of Aspen granted approval pursuant to Section 7-1004 C. l(d) of the
Municipal Code of the City of Aspen (the "Code") to add two more units to
the Cooper Avenue Greystone Condominiums (hereinafter the "Project") and,
WHEREAS, the approval of the Project by the City was
conditioned upon the Owner complying with certain requirements, .including
the entering into and execution of a Subdivision Agreement for the
Project; and
WHEREAS, the Owner has submitted to the City for approval,
execution and recordation a plat for the Property (the "Plat") and the City
agrees to approve, execute and record the Plat on the agreement of the
Owner to the matters described herein, subject to the provisions of the
Code and other applicable rules and regulations; and
WHEREAS, the City has imposed conditions and requirements in
connection with its approval, execution and acceptance of the Plat and
such matters are necessary to protect, promote and enhance the public
health, safety and welfare, and pursuant to the Code, the City is entitled
to assurances that the matters set forth herein will be faithfully
performed by the Owner and the Owner's successors and assigns; and
WHEREAS, the Owner is willing to enter into such agreement
with the City and to provide assurances to the City;
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, and the approval, execution and acceptance of the Plat
for recordation by the City, it is agreed as follows:
9100K 614 r4f�- 944
AnPRF.MFNT
1. Description of Project. The Project which the City
Council approved consists of a total of five units, four free
market units (two of which have already been built and approved as
separately salable condominium units); two additional free market
units to be built as well as one studio unit which shall be deed
restricted to low income and rented by the Housing Authority.
2. Acceptance of Plat. Upon execution of this
agreement by all parties hereto, Owner shall submit and the City
agrees to approve and execute the final plat for the Project
submitted herewith and reduced -size copies of which are attached
hereto as Exhibit A, which conforms to the requirements of Section
7-1004 of the Code. The City agrees to accept such plat for
recording on the office of the Pitkin County Clerk and Recorder,
upon payment of the recordation fee and cost to the City by Owner.
3. Construction Schedule and Phasing. The City and the
Owner mutually acknowledge that exact construction schedules cannot
be determined at this time. However, it is anticipated that
construction of the Project will begin no later than three years
from the vesting of the Owner's property rights in the Project.
4. Conditions of Approval.
a. Prior to the issuance of a building permit, the
Owner shall reduce the size of the fence, along the front property
boundary, to 4 feet at the center and 4'3" at the western end and
319" at the eastern end thus the fence will remain level.
Transparent features, such as wrought iron work on the top, may be
incorporated into the fence design, however revised fence plans
shall be reviewed by the Planning Department.
b. Prior to the issuance of a building permit, the
Owner shall either: (1) make a one time payment -in -lieu indexed to
the current affordable housing guidelines in affect at the time of
payment (2) the Owner may provide off -site housing through a buy
down or, (3) may construct housing which will provide the required
number of units. The Owner shall provide housing or cash in lieu
for 3.75 employees. The housing alternative that is eventually
used shall be presented to and approved by the Housing Authority
and Planning Staff.
C. Prior to the issuance of building permit, the Owner
shall file a deed restriction for the low-income studio unit on -
site. The unit shall be deed restricted to low income and rented
pursuant to the Housing Authority Guidelines, as amended from time
to time.
d. The Owner shall submit a final plat meeting the
requirements of Section 7-1004 D(2) for review by the Planning
- 2 -
I 0
0 11L10K 614 PAGE945
Office, Engineering Department and City Attorney prior to final
subdivision review by City Council.
e. The Owner shall advise the Water Department of the
need to hook up and submit plans to the Aspen Water Department
before connecting to the steel line.
f. All required survey monuments shall be supplied by
the Owner's survey company.
g. Prior to the issuance of a building permit, Owner
shall submit to the Engineering Department to be approved a
complete storm drainage report .
h. Prior to the issuance of a building permit, the
Owner shall submit dry well plans to -the Sanitation District for
review and approval.
5. Material Representations. All material
representations made by the Owner on the record to the City in
accordance with the approval of the Cooper Avenue Greystone
Condominiums shall be binding on the Owner.
6. Enforcement. In the event the City maintains that
-the Owner is not in substantial compliance with the terms of this
Agreement or the final Plat, the City Council may serve a notice
of noncompliance and request that the deficiency be corrected
within a period of 45 days. In the event the Owner believes that
he is in compliance or that the noncompliance is insubstantial, the
Owner may request a hearing before the City Council to determine
whether the alleged noncompliance exists or whether any amendment,
variance or extension of time to comply should be granted. On
request, the City shall conduct a hearing according to its normal
procedures and take such action as it then deems appropriate.
7. Notices. Notices to the parties shall be sent by
United States certified mail to the addresses set forth below or
to any other address which the parties may substitute in writing.
To the Owner:
Harlan Dopkin
P.O. Box 4696
Aspen, Colorado 81612
To the City of Aspen:
City Manager
130 South Galena Street
Aspen, Colorado 81611
- 3 -
with a copy to: {
t300H 61.4 PAGE
City Attorney
130 South Galena Street
Aspen, Colorado 81611
8. Binding Effect. The provisions of this Agreement
shall run with and constitute a burden on the land on which the
Project is located and shall be binding on and inure to the benefit
of the Owner's and the City's successors, personal representatives
and assigns.
9. Amendment. This agreement may be altered or amended
only by written instrument executed by the parties.
10. Severability. If any of the provisions of this
agreement are determined to be invalid, it shall not affect the
remaining provisions hereof:
11. Legal Fees. In the event of any disagreement
arising out of or in any way related to this agreement resulting
in litigation, the substantially prevailing party shall be entitled
to attorney's fees as part of any Judgement obtained in the case.
Att,dt:�
KATi'i �l`itly, . S ., KQC14
City
THE CITY OF ASPEN, a municipal
corporation
WILLIAM L. STALING, Mayo
(acknowledgement on following page)
- 4 -
BOOK 614 PAA 47
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
Acknowledged before me 7, 1990 by
WILLIAM L. STERLING, Mayor, and KATHRYN S; KOCH, City Clerk.--i.,
My commission expires: MYCommiftonexptmg%Vi92
witness my hand and official seal.
Not ry Public
kripwledged before me Harlan Dopkin , 1990 by
x�►Rn��r bdPK��,
�iP U � L�. .Qbmmission expires : 9 =3G -93
Or- CO 'Ptness my hand and official seal.
J12.BDO201.SDA
- 5 -
Notary Public '
�' ✓ {GL7noi e� lie con. 25((P Z3
UUU4-., i:
a-�-
�-��`5', * Sox 601 PAGE 147
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF
COOPER AVENUE GREYSTONE CONDOMINIUMS
WHEREAS, HARLAN DOPKIN (hereinafter "Applicant") is the
owner of a parcel of real property in the City of Aspen, Pitkin
County, Colorado, described as all of Lot M and a portion of Lot
N, block 111; and
WHEREAS, the foregoing described real property contains two
approved residential units; and
WHEREAS, Applicant has requested an exception from the full
subdivision process for the purpose of condominiumizing the units
on the subject property to be known as Cooper Avenue Greystone
Condominiums, a Condominum; and
WHEREAS, the City council determined at its regular meeting
held Monday, May 8, 1989, that such exception was appropriate and
granted the same, subject, however, to certain conditions as set
forth below.
NOW, THEREFORE, the City Council of Aspen, Colorado, does
hereby determine that the Application for the Exception from Full
Subdivision Process for the Purpose of Conominiumization of the
above -described property is proper, and hereby grants an
exception from the full subdivision process for such
condominiumization.
PROVIDED, HOWEVER, that the foregoing exception is expressly
conditioned upon:
1. The Applicant's recording with the Pitkin County Clerk
and Recorder that certain "Condominium Declaration for Cooper
Avenue Greystone Condominiums, a condominium";
n 2. The Applicant's strict compliance with the provisions
contained herein, and all representations set forth in the
Application submitted, and binding conditions of approval on this
matter set by Planning and Zoning Commission and/or this matter
City Counsel, for itself, its successors and assigns; and
3. The plat depicting Cooper Avenue Greystone
Condominiums, be approved by the Planning Office, and filed with
the Pitkin County Clerk and Recorder's office prior to the sale
of any unit.
4. The Affordable Housing Impact fee in the amount of
$12,050.00 being paid prior to the sale of any unit.
DATED this _ s _day of 1989.
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BOOK 661 PAGE 148
ROVEDim
TO FORM:
Cit:�\lP,ttorney
CITY OF ASPEN, a Colorado
municipal corporation
by
William L. Stirling, Mayor
I, Kathryn S. Koch, do certify that the foregoing Statement
of Exception from the Full Subdivision Process for the Purpose of
Condominiumization for Cooper Avenue Greystone Condominiums, was
considered and approved by the Aspen City Council at its regular
meeting held Monday May 8, 1989, at which time the Mayor was
authorized to execute the same on behalf of the City of Aspen.
Kathryn a. Koch, City Clerk
���
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601 PAA49
BOOK
CONDOMINIUM DECLARATION
o CC
FOR
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MIA
COOPER
AVENUE GREYSTONE CONDOMINIUMS
(A Condominium)
Cy".
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L
KNOW ALL
MEN
BY THESE
PRESENTS:
WHEREAS, Harlan Dopkin, hereinafter called "Declarant",
is the owner of the following described real property situated in
the City of Aspen, County of Pitkin, State of Colorado, to wit:
A parcel of land being all of'Lot M and a
portion of Lot N, Block 111
Said parcel is more fully described by reference
to the Condominium Plat Map.
WHEREAS, the above described property is presently
developed with the following improvements, to -wit: A two story
brick duplex residence (the "Duplex"), containing two separate
townhouse apartments.
WHEREAS, Declarant desires to create a condominium project
on said property under the Condominium Ownership Act of the State
of Colorado, and to establish thereby a plan for the ownership in
fee simple of real property estates consisting of the area or
space contained in each of the "Units" as hereinafter defined,
and the ownership by one or more of the individual and separate
owners thereof, as tenants in common, of all of the remaining
real property hereinafter defined and referred to as the "Common
Elements".
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, uses, restrictions, limitations and obligations shall
be deemed to run with the land, shall be a burden upon and a
benefit to Declarant, Declarant's heirs, personal
representatives, successors and assigns and any persons acquiring
or owning an interest in the real property and improvements,
their grantees, lessees, successors, heirs, executors,
administrators, devisees or assigns.
1. DEFINITIONS. Unless the context shall expressly
provide otherwise, the following definitions shall apply:
(a) "Unit" means the individual air space contained
within the interior surfaces of the perimeter walls, floors,
ceilings, windows, doors and built-in fireplaces, if any, of each
of the apartment's located in the Duplex situated on the real
property described above, together with all fixtures and
improvements therein contained, but not including any of the
structural components of such building, if any, within a Unit
contained therein, which Units are shown on the Condominium Map
and identified thereon by the letters numbers 810 and 812.
(b) "Condominium Unit" means a Unit together with the
undivided interests in the Common Elements appurtenant to such
Unit.
(c) "Owner" means the person or persons or entity or
entities, including Declarant, who own fee simple title to a
Condominium Unit. The term Owner shall not include the owner or
owners of any lesser estate or interest.
(d) "Mortgage" means any mortgage, deed of trust, or
other security instrument by which a Condominium Unit or any part
thereof is encumbered.
1
n
! Ponx 601 mE 150
(e) "Mortgagee" means any person or entity named as
the mortgagee or beneficiary under any mortgage which encumbers
the interest of any Owner.
(f) "Condominium Map" means the Condominium Map for
Cooper Avenue Greystone Condominiums filed or to be filed in the
records in the office of the Clerk and Recorder of Pitkin County,
Colorado.
(g) "Common Elements" means: (i) all of the Real
Property; (ii) the foundations, columns, girders, beams,
supports, main walls, roofs and crawlspaces contained in each of
the building improvements which are the subject of this
Declaration, and the "party wall" dividing Units 810 and 812 as
shown on the Condominium Map; (iii) the installations in such
buildings consisting of the equipment and materials making up the
central services such as tanks, pumps, motors, fans, compressors,
ducts, power, sewer, light, gas, hot and cold water, heating,
ventilating and air conditioning and, in general, all apparatus
and installations existing for common use; and (iv) all other
parts of the Duplex Unit and of the above described real property
necessary or convenient to its existence, maintenance and safety
or normally in common use.
(h) "General Common Elements" means all Common
Elements except Limited Common Elements, as hereinafter defined.
(i) "Limited Common Elements" means any portion of the
Common Elements designated herein for the exclusive use of the
Owner or Owners of a Condominium Unit or Units.
The portions of Lots M and N designated on the
Condominium Map, "L.C.E. Unit 810" are hereby designated for the
exclusive use of the Owner or Owners of Unit 810. The portions of
Lot M and N, designated on the Condominium Map, "L.C.E. Unit 812"
are hereby designated for the exclusive use of the Owner or
Owners of Unit 812.
(j) "Real Property" means: A parcel of land being all
of Lot M and a portion of Lot N. Said parcel is more fully
described by reference to the Condouminum Plat Map.
(k) "Project" means the Real Property and all
buildings and other improvements now or hereafter located on the
Real Property, and all rights, easements and appurtenances
belonging thereto.
(1) "Managing Agent" means the person or entity which
shall be selected and appointed by the Owners of the Condominium
Units pursuant to the provisions of Paragraph 12 of this
Declaration.
(m) "Phase II" means the contemplated addition of two
similar condominium units on the western portion of Lot N and all
of Lot O, Block 111, City and Townsite of Aspen.
2. DIVISION INTO CONDOMINIUM UNITS. The Project is
hereby divided into Condominium
separate fee simple estate in a
described appurtenant undivided
Common Elements:
Units, each consisting of a
particular Unit and the following
fee simple interests in the
(a) Real Property Common Elements:
Unit 810 50%
Unit 812 50%
(b) Duplex Common Elements:
Unit 810 50%
2
0
0 BOOK 601 -FAH 151
Each owner shall own his appurtenant undivided interests in the
Common Elements as a tenant in common with the Owner or Owners
also owning an interest in such Common Elements.
3. INSEPARABILITY OF A UNIT. Each Unit and the
undivided interests in the Common Elements appurtenant thereto
shall be inseparable and may be conveyed, leased, encumbered,
devised or inherited only as a Condominium Unit.
4. DESCRIPTION OF A CONDOMINIUM UNIT. Every deed,
lease, mortgage, trust deed, will, or other instrument may
legally describe Condominium Unit by its identifying Unit number,
followed by the words "Cooper Avenue Greystone Condominiums" with
further reference to the recorded Declaration and Map. Every
such description shall be deemed good and sufficient for all
purposes to sell, convey, transfer, encumber or otherwise affect
not only the Unit but also the General Common Elements and the
Limited Common Elements appurtenant thereto. Each such
description shall be construed to include the right to the use of
the Limited Common Elements appurtenant thereto to the exclusion
of all third parties not lawfully entitled to use the same.
5. SEPARATE ASSESSMENT AND TAXATION - NOTICE TO
ASSESSOR. Declarant shall give written notice to the assessor of
Pitkin County, Colorado, of the creation of condominium ownership
of this property, as is provided by law, so that each Unit and
the interests appurtenant thereto shall be deemed a separate
parcel and subject to separate assessment and taxation.
6. TITLE. A Condominium Unit maybe held and owned by
more than one person as joint tenants or as tenants in common, or
in any real property tenancy relationship recognized under the
laws of Colorado.
7. NONPARTITIONABILITY OF COMMON ELEMENTS. The
Common Elements shall be owned in common by the Owners as
hereinafter provided, and there shall be no judicial or other
partition of the Common Elements or any part thereof, nor shall
any Owner bring any action seeking partition thereof.
8. USE OF UNITS; GENERAL AND LIMITED COMMON ELEMENTS.
Each Owner shall be entitled to exclusive ownership and
possession of his Unit. Each Owner may use the General and
Limited Common Elements in accordance with the purpose for which
they are intended, without hindering or encroaching upon the
lawful rights of the other Owners.
9. USE AND OCCUPANCY. Each Condominium Unit shall be
used and occupied for residential purposes only, and except as
provided in this Paragraph, no trade or business of any kind may
be carried on therein. Lease or rental of a Condominium Unit for
lodging or residential purposes shall not be considered to be a
violation of this covenant.
10. EASEMENTS FOR ENCROACHMENTS. If any portion of
the Common Elements now or hereafter encroaches upon a Unit, a
valid easement for the encroachment and for the maintenance of
same, so long as it stands, shall and does exists. If any portion
of a Unit now or hereafter encroaches upon the Common Elements or
upon an adjoining Unit, a valid easement for the encroachment and
for the maintenance of same, so long as it stands, shall and does
exist. For title or other purposes, such encroachment and
easements shall not be considered or determined to be
encumbrances either on Common Elements or the Units.
11. TERMINATION OF MECHANIC'S LIEN RIGHTS AND
INDEMNIFICATION. No labor performed or materials furnished and
incorporated in a Unit with the consent or at the request of the
Owner thereof or his agent or his contractor or subcontractor
3
• • SPOOK 601 PAGE152
shall be the basis for the filing of a lien against the Unit of
any other Owner not expressly consenting to or requesting the
same, or against the interests in the Common Elements owned by
such other Owners. Each Owner shall indemnify and hold harmless
each of the other Owners from and against all liability arising
from the claim of any lien against the Unit of any other Owner or
against the Common Elements for construction performed or for
labor, materials, services, or other products incorporated in or
otherwise attributable to the Owner's Unit at such Owner's
request.
12. ADMINISTRATION AND MANAGEMENT. Each Owner shall
manage his own Unit, unless the Owners of Units 810 and 812 agree
upon the appointment of a Managing Agent to administer both such
Units. Notices of Appointments of the Managing Agent by the
Owners of Units 810 and 812 hereunder shall be placed or record
by the Manager insofar as required by law or practice. Until
changed by the Owners of Units 810 and 812, the initial Managing
Agent of such Units shall be Buzz Dopkin.
13. RESERVATION FOR ACCESS - MAINTENANCE REPAIR AND
EMERGENCIES. The Owners shall have the irrevocable right to have
access to each Unit from time to time during reasonable hours as
may be necessary for the inspection, maintenance, repair or
replacement of any of the General Common Elements thereon or
accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the General or Limited Common
Elements or to another Unit or Units.
Damage to the interior of any part of a Unit resulting
from maintenance, repair, emergency repair or replacement of any
of the General Common Elements or as a result of emergency
repairs within a Unit at the instance of another Unit Owner shall
be a Common Expense of all of the Owners of Units having an
interest in such General Common Elements; provided, however, that
if such damage is the result of the negligence of a Unit Owner,
then such Unit Owner shall be responsible for all of such damage.
14. OWNERS' MAINTENANCE RESPONSIBILITY. For purposes
of maintenance, repair, alteration and remodeling, an Owner shall
be deemed to own and to be responsible for the exterior surfaces
of such Owner's Unit and the Limited Common Elements assigned
thereto, and the windows, doors, interior nonsupporting walls,
materials, ceilings and floors within the Unit. An Owner shall
not be deemed to own any utilities running through his Unit which
serve more than one Unit except as a tenant in common with the
adjoining Unit Owner. Such obligation and/or right to repair,
alter and remodel shall carry the obligation to replace any
finishing materials removed with similar or other types or kinds
of finishing materials of equal or better quality, and to
maintain the Limited Common Elements in a neat and clean
condition. Any material alteration, remodeling or refinishing of
Units 810 and 812 shall require the prior mutual consent and
approval of the Owners of both of said Units.
An Owner shall maintain and keep the interior of his
own Unit and the Limited Common Elements appurtenant thereto in
good taste and repair, including the fixtures thereof. All
fixtures and equipment installed within the Unit commencing at a
point where the utility lines, pipes, wires, conduits or systems
(which for brevity are hereafter referred to as ("utilities")
enter the Unit shall be maintained and kept in repair by the
Owner thereof.
15. COMPLIANCE WITH PROVISIONS OF DECLARATION. Each
Owner shall comply strictly with the provisions of this
Declaration as the same may be lawfully amended from time to
time. Failure so to comply shall be grounds for an action to
recover sums due and for damages or injunctive relief or both,
maintainable by the Managing Agent (where appropriate) or by an
aggrieved Owner or Owners.
4
0
• BOOK 601 PAGE 153
16. REVOCATION OR AMENDMENT TO DECLARATION. This
Declaration shall no be revoked nor shall any of the provisions
herein be amended unless the Owners of both Units, and covering
or affecting any or all Condominium Units consent and agree to
such revocation or amendment by instrument(s) which shall be duly
recorded.
17. ASSESSMENT FOR UNITS 810 AND 812 COMMON EXPENSES.
The Owners of Units 810 and 812 shall be obligated to pay the
assessments imposed by the Managing Agent to meet the Common
Expenses incurred in connection with such Units. Except for
Limited Common Elements liability insurance premiums, the
assessments shall be made pro rate according to each Owner's
fractional interest in and to the Duplex Common Elements.
Assessments for the estimated Common Expenses, including all
insurance except the aforesaid liability, shall be due quarterly
in advance on the first days of January, April, July and October.
The Managing Agent or other Owner incurring the cost shall
prepare and deliver or mail to each Owner an itemized statement
showing the various estimated or actual expenses for which the
assessments are made. Contribution for quarterly assessments
shall be prorated if the ownership of a Condominium Unit
commences on a day other than the first day of a calendar
quarter.
Assessments for reasonable actual Common Expenses may
be made, by the Managing Agent, or an Owner incurring the same,
among other things, for the following: Expenses of management;
taxes and special assessments, until separately assessed; fire
insurance with extended coverage and vandalism and malicious
mischief insurance with endorsements attached issued in the
amount of the maximum replacement value of Units 810 and 812;
casualty and other insurance premiums; landscaping and care of
General Common Elements; common electrical, water, gas and sewer
charges unless and until any or all of the above are separately
metered; repairs and renovations; garbage collections; wages;
legal and accounting fees; management fees; expenses and
liabilities incurred b the Managing Agent or other Owner under or
by reason of this Declaration; the payment of any deficit
remaining from a previous period; the creation of a reasonable
contingency or other reserve or surplus fund as well as other
costs and expenses relating to the appurtenant Common Elements.
The omission or failure of the Managing Agent to fix the
assessment for any quarter shall not be deemed a waiver,
modification or a release of the subject Owners from their
obligation to pay.
18. INSURANCE. One policy of public liability
insurance covering all of the General Common Elements shall be
purchased and maintained in effect at all times by the Owners of
all of the Condominium Units, in an amount deemed appropriate by
such Owners, and the cost thereof shall be shared in accordance
with such Owners' respective undivided interests in the Real
Property Common Elements. Fire, casualty and extended coverage
insurance, on the other hand, shall be the sole responsibility of
the Owners of Units 810 and 812 (or the Managing Agent as above
provided) with respect to Units 810 and 812. Insurance coverage
on the furnishings, additions and improvements incorporated into
a Unit and all item of personal property belonging to an Owner,
and casualty and public liability insurance coverage within each
undivided Unit and those Limited Common Elements reserved for the
exclusive use of a particular Unit Owner shall be the sole
responsibility of the Owner thereof.
19. OWNERS' PERSONAL OBLIGATION FOR PAYMENT OF
ASSESSMENTS. The amount of the Common Expenses assessed against
or incurred on account of Condominium Units 810 and 812 shall be
the personal and individual debt of the Owner thereof. Suit to
recover a money judgment for unpaid Common Expenses shall be
5
0 B0OK 6A PAGE154
maintainable by the Managing Agent,or any aggrieved Owner without
foreclosure or waiving the lien securing same. No Owner may
exempt himself from liability for his contribution towards the
Common Expenses by Waiver of the use or enjoyment of any of the
Common Elements or by abandonment of his Unit.
20. LIEN FOR NONPAYMENT OF COMMON EXPENSES. All sums
due or unpaid for the share of Common Expenses chargeable to
Condominium Units 810 and 812, including interest thereon at
eight percent per annum, shall constitute a lien on such Unit
superior (prior) to all other liens and encumbrances except:
(a) Tax and special assessment liens on the Unit in
favor of any assessing entity; and
(b) All sums unpaid on a first mortgage or first deed
of trust of record, including all unpaid obligatory sums as may
be provided by such encumbrance, including additional advance,
refinance or extension of these obligations made thereon prior to
the arising of such a lien.
To evidence such lien the aggrieved Owner or Managing
Agent may, but shall not be required to, prepare a written notice
setting forth the amount of such unpaid indebtedness, the name of
the defaulting Owner of the Condominium Unit and a description of
the Condominium Unit. Such a notice shall be signed by the
aggrieved Owner or the Managing Agent, as appropriate, and may be
recorded in the office of the Clerk and Recorder of the County of
Pitkin, State of Colorado. Such lien for the Common Expenses
shall attach from the date of the failure of payment of the debt,
and may be enforced by foreclosure on the defaulting Owner's
Condominium Unit by the aggrieved Owner or the Managing Agent in
like manner as a mortgage or deed of trust on real property upon
recording of a notice of claim thereof. In any such foreclosure
the defaulting Owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing
the notice or claim of lien and all reasonable attorneys' fees.
The defaulting Owner shall also be required to pay to the
foreclosing party a reasonable rental for the Condominium Unit
during the period of foreclosure, and the foreclosing party shall
have the power to bid in the Condominium Unit at foreclosure sale
and to acquire and hold, lease, mortgage and convey the same.
Any encumbrancer holding a lien on Condominium Units
810 and 812 may pay any unpaid Common Expense payable with
respect to such Unit, and upon such payment such encumbrancer
shall have a lien on such Unit for the amounts paid of the same
priority as the lien of his encumbrance.
21. LIABILITY FOR COMMON EXPENSE UPON TRANSFER OF
CONDOMINIUM UNIT. Upon payment of a reasonable fee not to exceed
ten dollars and upon the written request of any Owner or any
Mortgagee or prospective Mortgagee of Condominium Units 810 and
812, the Managing Agent or the Owner of the other Duplex Unit
shall issue a written statement setting forth the amount of the
unpaid Common Expenses, if any, with respect to the subject Unit,
the amount of the current quarterly assessment and the date such
assessment becomes due, credit for advance payments or for
prepaid items, including but not limited to insurance premiums,
which shall be conclusive upon the issuer of such statement in
favor of al persons who rely thereon in good faith. Unless such
request for a statement of indebtedness is complied with within
ten days, all unpaid Common Expenses which become due prior to
the date of making such request shall be subordinate to the lien
of the person requesting such statement.
The grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid assessments against the
latter for his proportionate share of the Common Expenses up to
the time of the grant or conveyance, without prejudice to the
OK 6A PAGA55
grantee's right to recover from the grantor the amounts paid by
the grantee therefor; provided, however, that upon payment of a
reasonable fee not to exceed ten dollars, and upon written
request, any prospective grantee shall be entitled to a statement
from the Managing Agent or Owner of the other Duplex Unit,
setting forth the amount of the unpaid assessments, if any, with
respect to the subject Unit, the amount of the current quarterly
assessment and the date that such assessment become due, credit
for advance payments or for prepaid items, including but not
limited to insurance premiums, which shall be conclusive upon the
issuer of such statement. Unless such request for a statement of
indebtedness shall be complied with within ten days of such
request, then such grantee shall not be liable for, nor shall the
Unit conveyed be subject to a lien for, any unpaid assessments
against the subject Unit.
22. MORTGAGING A CONDOMINIUM UNIT- PRIORITY. Any Owner
shall have the right from time to time to mortgage or encumber
his interest by deed of trust, mortgage or other security
instrument. A first mortgage shall be one which has first and
paramount priority under applicable law. The Owner of a
Condominium Unit may create junior mortgages on the following
conditions: (1) Any such junior mortgages shall always be
subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for common
expenses, and other obligations created by this Declaration; (2)
The Mortgagee under any junior mortgage shall release, for the
purpose of restoration of any improvements upon the mortgage
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which
insurance policies were effected and placed upon the mortgaged
premises by the Managing Agent or other Owners. Such release
shall be furnished forthwith by a junior mortgagee upon written
request of the Managing Agent or Owners of the other Unit.
23. ATTORNEY -IN -FACT IN CASE OF DESTRUCTION REPAIR OR
OBSOLESCENCE. This Declaration hereby makes mandatory the
irrevocable appointment of an Attorney -in -Fact to deal with
Condominium Units 810 and 812 upon their destruction, repair or
obsolescence.
Title to both of such Condominium Units is declared and
expressly made subject to the terms and conditions hereof, and
acceptance by any grantee of a deed from the Declarant or from
any Owner shall constitute appointment of the Attorney -in -Fact
herein provided. All of the Unit 810 and 812 Owners irrevocably
constitute and appoint the Managing Agent, from time to time
appointed pursuant to this Declaration, their true and lawful
attorney in their name, place and stead for the purpose of
dealing with the property upon its destruction, repair or
obsolescence as is hereafter provided. Said Attorney -in -Fact
shall have full and complete authorization, right and power to
make, execute and deliver and contract, deed or any other
instrument with respect to the interest of a Condominium Unit
Owner which are necessary or appropriate to the exercise of the
powers herein granted. Repair and reconstruction of the
improvements as used in the succeeding subparagraphs means
restoring the improvements to substantially the same condition in
which they existed prior to the damage, with each Unit and the
General and Limited Common Elements appurtenant thereto having
the same vertical and horizontal boundaries as before. The
proceeds of any insurance collected shall be available to the
Attorney -in -Fact for the purpose of repair, restoration or
replacement unless the Owners of Units 810 and 812 and all first
mortgagees thereon agree not to rebuild in accordance with the
provisions set forth hereinafter.
7
900K 61 pAGE 156
(a) In the event of damage or destruction due to fire
or other disaster, the insurance proceeds, if sufficient to
reconstruct the improvements, shall be applied by the Attorneys -
in -Fact to such reconstruction, and the improvements shall be
promptly repaired and reconstructed. The Attorney -in -Fact shall
have full authority, right and power, as Attorney -in -Fact, to
cause the repair and restoration of the improvements.
(b) If the insurance proceeds are insufficient to
repair and reconstruct the improvements, such damage or
destruction shall be promptly repaired and reconstructed by the
Attorney -in -Fact, using the proceeds of insurance and the
proceeds of an assessment to be made against all of the Unit 810
and 812 Owners and their Condominium Units. Such deficiency
assessments shall be a Common Expense and made pro rata according
to each Owner's fractional interest in the Duplex Common
Elements, and shall be due and payable within thirty days after
written notice thereof. The Attorney -in -Fact shall have the
authority to cause the repair or restoration of the improvements
using all of the insurance proceeds for such purpose
notwithstanding the failure of an Owner to pay the assessment.
The assessment provided for herein shall be a debt of each Owner
and a lien on his Condominium Unit and may be enforced and
collected as is provided in Paragraph 20. In addition thereto,
the Attorney -in -Fact shall have the absolute right and power to
sell the Condominium Unit of any Owner refusing or failing to pay
such deficiency assessment within the time provided, and if not
so paid, the Attorney -in -Fact shall cause to be recorded a notice
that the Condominium Unit of the delinquent Owner shall be sold
by the Attorney -in -Fact. The proceeds derived from the sale of
such Condominium Unit shall be used and disbursed by the
Attorney -in -Fact, in the following order:
(1) For payment of the balance of the lien of any
first mortgage;
(2) For payment of taxes and special
assessment liens in favor of any
assessing entity;
(3) For payment of unpaid Common Expenses;
(4) For payment of junior liens and
encumbrances in the order of and to
the extent of their priority; and
(5) The balance remaining, if any,
shall be paid to the Condominium
Unit Owner.
(c) The Owner of one of such Units may give notice to
the other Unit Owners that Units 810 and 812 are obsolete and
that the same should be renewed or reconstructed. If both Owners
agree, then the expense thereof shall be payable by both of the
Owners as Common Expenses; provided, however, that any Owner not
in agreement to such renewal or construction may give written
notice to the Attorney -in -Fact that such Unit shall be purchased
by the Attorney -in -Fact for the fair market value thereof. If
such Owner and the Attorney -in -Fact can agree on the fair market
value thereof, then such sale shall be consummated within thirty
days thereafter. If the parties are unable to agree, the date
when either party notifies the other that he or it is unable to
agree with the other shall be the "commencing date" from which
all periods of time mentioned herein shall be measured. Within
the days following the commencing date, each party shall nominate
in writing, and give notice of such nomination to the other
party, an appraiser who shall be a duly qualified appraiser or a
realtor and be qualified to make appraisals of condominium and
similar property in Pitkin County, Colorado. If either party
fails to make such a nomination, the appraiser nominated shall,
M
•
• BOOK 601 PAGc157
within five days after default by the other party, appoint and
associate with him another similarly qualified appraiser. If the
two appraisers designated by the parties, or selected pursuant
hereto in the event of the default of one party, are unable to
agree, they shall appoint another similarly qualified appraiser
to be arbitrator between them. The decision of the appraisers
as to the fair market value shall be final and binding. The
expenses and fees of such appraisers shall be borne equally by
the Attorney -in -Fact and the Owner. The sale shall be
consummated within fifteen days thereafter, and the Attorney -in -
Fact shall disburse such proceeds as is provided in subparagraph
(b)(1) through (5) of this paragraph.
(d) Owners of Units 810 and 812 may agree that Units
810 and 812 are obsolete and that the same should be sold. Such
agreement must have the unanimous approval of every Mortgagee.
In such instance, the Attorney -in -Fact shall forthwith record a
notice setting forth such fact or facts, and upon the recording
of such notice by the Attorney -in -Fact, Condominium Units 810 and
812 shall be sold by the Attorney -in -Fact for both of the Owners,
subject to all of the provisions contained in this Declaration
and the Map. The sales proceeds shall be apportioned among the
affected Owners on the basis of each Owner's fractional interest
in the Duplex Common Elements, and such apportioned proceeds
shall be paid into separate accounts representing each such
Condominium Unit. Each such account shall be in the name of the
Attorney -in -Fact, and shall be further identified by the letter
of the Unit and the name of the Owner. From each separate
account, the Attorney -in -Fact shall use and disburse the total
amount of such accounts, without contribution from one account to
another, for the same purpose and in the same order as provided
in subparagraph (b)(1) through (5) of this paragraph.
24. ATTORNEY -IN -FACT IN CASE OF CONDEMNATION. This
Declaration hereby makes mandatory the irrevocable appointment of
an Attorney -in -Fact to deal with the Project in the event of its
complete or partial condemnation. Title to all of the
Condominium Units is declared and expressly made subject to the
terms and conditions hereof, and acceptance by any grantee of a
deed from the Declarant or from any Owner shall constitute
appointment of the Attorney -in -Fact herein provided. Declarant
hereby appoints C.M. CLARK his true and lawful attorney in his
name, place and stead for the purpose of dealing with the Project
upon its condemnation as is hereinafter provided. Said Attorney -
in -Fact may be changed at any time by the Owners having a
majority of the percentage interests in the Real Property Common
Elements, such change only to be effective upon the recording of
a notice designating the new Attorney -in -Fact under this
Paragraph 24 in the Pitkin County, Colorado, real property
records. Said Attorney -in -Fact shall have full and complete
authorization, right and power to make, execute and deliver any
contract, deed or other instrument with respect to the interest
of a Condominium Unit Owner which are necessary or appropriate to
the exercise of the powers herein granted.
(a) Consequences of Condemnation. If at any time or
times during the continuance of the Condominium Ownership
pursuant to this Declaration, all or any part of the Project
shall be taken or condemned by an public authority or sold or
otherwise disposed of in lieu of or in avoidance thereof, the
following provisions shall apply.
(1) Proceeds. All compensation, damages or other
proceeds therefrom, the sum of which is hereinafter
called the "Condemnation Award," shall be payable to
the Attorney -in -Fact.
(2) Complete Taking. In the event that the
entire Project is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance
E
0 01-
1, 6J1 PAUA58
thereof, the Condominium Ownership pursuant thereto
shall terminate. The Condemnation Award shall be
apportioned among the Owners on the basis of each
Owner's fractional interest in the Real Property Common
Elements, provided that if a standard different from
the value of the property as a whole is employed to
measure the Condemnation Award in the negotiation,
judicial decree, or otherwise, then in determining such
shares the same standard shall be employed to the
extent it is relevant and applicable.
On the basis of the principal set forth in the last
preceding subparagraph, the Attorney -in -Fact shall as
soon as practicable determine the share of the
Condemnation Award to which each Owner is entitled.
Such shares shall be paid into separate accounts and
disbursed as soon as practicable in the same manner
provided in Paragraph 23(d).
(3) Partial Taking. In the event that less than the
entire Project is taken or condemned, or sold or
otherwise disposed of in lieu of or in avoidance
thereof, the Condominium Ownership hereunder shall not
terminate. Each Owner shall be entitled to a share of
the Condemnation Award to be determined in the
following manner: As soon as practicable the Attorney -
in -Fact shall, reasonably and in good faith, allocate
the Condemnation Award between compensation, damages or
other proceeds, and shall apportion the amounts so
allocated among the Owners, as follows: (a) the total
amount allocated to taking of or injury to the General
Common Elements, (b) the total amount allocated to
severance damages shall be apportioned to those
Condominium Units which were not taken or condemned,
(c) the respective amounts allocated to the taking of
or injury to a particular Unit and/or improvements an
Owner had made within his own Unit shall be apportioned
to the particular Unit involved, and (d) the total
amount allocated to consequential damages and any other
takings of injuries shall be apportioned as the
Attorney -in -Fact determines to be equitable in the
circumstances. If an allocation of the Condemnation
Award is already established in negotiation, judicial
decree or otherwise, then in allocating the
Condemnation Award the Attorney -in -Fact shall employ
such allocation to the extent it is relevant and
applicable. Distribution of apportioned proceeds shall
be disbursed as soon as practicable in the same manner
provided in Paragraph 23(d).
(4) Reorganization. In the event a partial taking
results in the taking of a complete Unit, the Owner
thereof automatically shall cease to be an Owner under
this Declaration.
(5) Reconstruction and Repair. Any reconstruction and
repair necessitated by condemnation shall be governed
by the procedures specified in Paragraph 23 hereof, in
which case such paragraph shall be construed to apply
to both Condominium Units.
25. MAILING OF NOTICES. Each Owner shall register his
mailing address with the other Owner and all notices or demands
intended to be served upon any Owner shall be sent by either
registered or certified mail, postage prepaid, addressed in the
name of the Owner at such registered mailing address. All notices
or demands intended to be served upon the Owners shall be given
by registered or certified mail, postage prepaid, to the
registered address thereof. All notices or demands to be served
on Mortgagees pursuant hereto shall be sent by either registered
0 BOOK 601 PAGA59
on Mortgagees pursuant hereto shall be sent by either registered
or certified mail, postage prepaid, addressed in the name of the
Mortgagee at such address as the Mortgagee may have furnished to
the Owners in writing. Unless the Mortgagee so furnishes such
address, the Mortgagee shall be entitled to receive none of the
notices provided for in this Declaration. Any notice referred to
in this Section shall be deemed given when deposited in the
United States mail in the form provided for in this Section.
26. PERIOD OF CONDOMINIUM OWNERSHIP. This separate
condominium estates created by this Declaration and the
Condominium Map shall continue until this Declaration is revoked
in the manner and as is provided in Paragraph 16 of this
Declaration or until terminated in the manner and as is provided
in Paragraph 24 of this Declaration.
27. GENERAL.
(a) If any of the provisions of this Declaration
or any paragraph, sentence, clause, phrase or
word or the application thereof in any
circumstances be invalidated, such invalidity
shall not affect the validity of the
remainder of this Declaration.
(b) The provisions of this Declaration
shall be in addition and supplemental to the
Condominium Ownership Act of the State of
Colorado and to all other provisions of law.
(c) Whenever used herein, unless the
context shall otherwise provide, the singular
number shall include the plural, the plural
the singular, and the use of any general
shall include all genders.
28. Phase II. Declarant states that the development of two
additional Condominium Units is contemplated on the eastern
portion of Lot N and on Lot 0, Block 111, immediately adjoining
the Units which are the subject of this Declaration. When
constructed, the additional Units shall become subject to the
provisions of this Declaration and the Owners of Units 810 and
812 shall cooperate in every manner as may be reasonably required
including the execution of any Amendment hereto or any other
instrument which may be necessary or appropriate. Said Amendment
shall include but not be limited to a provision changing the
percentage of ownership of real property, common elements, and
duplex common elements to a percentage according to square
footage. In this Phase II of construction a Studio (Caretaker
Unit) may be required by Planning and Zoning making this
development a five unit condominium.
11
BOOK 601 PME160
r
IN WITNESS WHE]
Declaration this-3(;Vfda]
STATE OF COLORADO )
)ss.
County of Pitkin )
„ The forzegoing nstrument was acknowledged before me
this day of 1989, by Declarant, Harlan Dopki.rq,.,
0G.� 4 4
21
WITNESS my hand and offi a ,-e ,• l,�
My commission expires:
JL3:condo.dec
12
���
�,s� ��i\
•
MEMORANDUM
TO: City Engineer
FROM: Leslie Lamont, Planning Office
RE: Cooper Avenue Greystones
DATE: March 12, 1990
Attached for your review and comments is an application from Buzz
Dopkin requesting Condominiumization approval for the new duplex
approved for 816 E. Cooper Avenue.
Please review this material and return your comments to me no
later April 9, 1990. Thank you.
•
•
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920-5090
March 12, 1990
Harlan Dopkin
P. O. Box 4696
Aspen, CO 81612
RE: Cooper Avenue Greystones
Condominiumization
Dear Buzz,
Subdivision Exemption for
This is to inform you that the Planning Office has completed its
preliminary review of the captioned application. We have
determined that your application is complete.
We have scheduled your application for review by the City Council
on Monday, April 23, 1990 at a meeting to begin at 5:00 pm. The
Friday before the meeting date, we will call to inform you that a
copy of the memo pertaining to your application is available at
the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Debbie Skehan
Administrative Assistant
•
. CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMORY
PROJECT:
APPLICANT'S REPRESENTATIVE:
REPRESENTATIVE'S PHONE: ` ��`7 O
OWNER'S NAME: V -
SUMMARY
—4n-
1. Type of Application: C ;� �� r l KM) i oO oA,)
2. Des ibe action/type of development being re ested:
3.
Areas is which Applicant has been requested to
respond,
types of reports requested:
Policy Area/
Referral Agent Comments
-
•
4.
Review is: (P&Z Only) Onl (P&Z then to CC)
5.
Public Hearing: (YES) (NO)
6.
Number of copies of the application to be submitted:
,
7.
What fee was applicant requested to submit:-
y
8.
Anticipated date of submission.
9.
COMMENTS/UNIQ CONCERN IL �' ." ,�(� �`` ' �L ti"�
0
V frm.pre_app
f
• • A /4/- yv
HARLAN DOPKIN F6 2 8 I99U
P.O. Box 4696
Aspen, Colorado 81612
303-925-7488
APPLICATION FOR EXEMPTION FROM SUBDIVISION AND
CONDOMINIUMIZATION OF THE COOPER AVENUE GREYSTONES
I Harlan Dopkin, owner of subject property, hereby makes
application to condominiumize three additional units which
consist of two, two bedroom units, and one deed restricted studio
unit. Enclosed are two copies of the Cooper Avenue Greystone
condominium Amendment #2 platt and map showing the footprint of
the structure along with the real property, limited common
elements and required parking spaces.
With regard to the requirement that existing tenants be
given an option to purchase their unit, and with regard to the
requirement that the applicant demonstrate that approval will not
reduce the supply of low and moderate income housing, you should
be advised that the building is newly constructed and has never
been occupied by a tenant.
It is clearly understood that these units will have a
minimum six month rental restriction.
There are no affordable housing fees with this application
as this obligation has been provided with on -site housing and
cash -in -lieu approved by the City Council.
Respectfully submitted,
Harlan Dopkin
HD:pt
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AJAX LAO , li ► CAT 1; C 1M'ANY
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Ui ector
Attest:
J
__) , SIAIE UUCUME+11AItY
-NRDT_Tiu"pkill $ecrelur y liiiii --
Direclur
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COOPER AVENUE GREYSTONE CONDOMINIUMS
RNENDMENT NO. 2
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CLERK A RE-C.OR0E1___
NOTICE: Accordingto Colorado law you must commence any legal action Alpine Surveys, Inc. Surveyed 'L - I (o - S`l C C Revisions 9 26 ' 89
based uponnanyany defect in this survey within 3 years after you first discover ' Drafted 9 ' g� p. tZ , 2 g q �
such detect. to no event may any action oases upon any defect in this survey
be commenced more than ten years from the date of the certification shown hereon Post Office Box 1730
Aspen, Colorado 81612
• 303 925 2688 • `
Title AMENDED CONPOMINIUM FLAT - � IEJF_T I OF Z,
LCS►5 M , N 4 O
I�iLOGK III
GIT1I OF A51��N, COLOKA.[o
Job No 5q -17
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