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Home My WebLink Aboutcoa.lu.ec.ULLR Lots K thru O Block 30 f No. 7.2 -fro , CASELOAD SUMMARY SHEET Ci ty of Aspen 1. DATE SUBMITTED: jj-.1I.(-fu _ STAFF: '-~.A'-?:(j L/~ 2. APPLICANT: O~ +dAJ.JdAUA'~JtJ/rA'A~ 3. REPRESENTATIVE: &'-1 U71, " .~i~ 4. PROJECT NAME: U i ;I e 5. LOCATION: fujA J .....\.1, ,1 (J h!.IA-L'A m /1~ :30 f:t(t{J~ (j 6. TYPE OF APPLICATION: Rezoning P.U.D. Special Review Growth Management HPC Subdivision '-"'" Exception ~1f1 L lun 70:30 Residential Bonus ____Stream Margin 8040 Greenline View Plane ____Conditional Use Other 7. REFERRALS: ./ Attorney ~Engineering Dept. ~Housing _Water _City Electric Sanitation District School District Fire Marshal ____Rocky Mtn. Nat. Gas Parks ____State Highway Dept. Holy Cross Electric ____Other Mountain Bell 8. REVIEW REQUIREMENTS: ," . '"-.""'" . f _. 9. DISPOSITION: P & Z APprovedL Denied. ~ Date \ ~ \ q, \:750 Co~ '\-"'0 vA ' <\\--~ ~ ~ ~\\(JJ>oS p..e..co"^(l \,\~\''''\ "'~~f'.<>~(L,~~ (Le.0",o"'-'S -\-c ~ "'''~<f- <, ,\"-- ~\A~ f>.~ ~ GQ.Jl" '^"\~''^'''' ",^l\~ 1'1'> ,.)~/>,\& \.~ ~ "",Q,'~",M>.v&...,~ YJ\..<;l~ 6\... ~,~tR.-"":-'" ~"~""'Q.,.1 ~..>.t.l ~~fl,U. '\ ,\'\'60 .,,,,,,cll\.LoJ",o., ~ DL ~c...L<>""'-~\')~ ~{l"O(l...\.;o ~\'--' l'>"",' LoV\"~,,j (,L. kf p\\(..I'"j;, tl&l,\'1~""\~ ~ ,,~,~ vJ,,^,-~ vJ'\\ \J~ \ro ~ \vc.... \.h Q..~f\~'" ell.... '^-"'^'\,:,, \ \ Date \ \ \ '2.. \ &- I Denied ~ Council J Approved / (O~'\.o_'. \J.. ~,~':> \ '\ r.>.~ e. """tI' \;) 4 e..lL. \J ~ ~ ~~ "1...S- ~" ~\I'1......\J- ~ \ lrM'-\ . ~ 1201\.. ,0 10. ROUTING: /Attorney /BUilding ~ngineering Other ,-... ....... -,...? MEMORANDUM TO: Aspen City Council FROM: Alan Richman, Planning Office RE: Ullr Subdivision Exception (Lodge Condominiumization) DATE: January 5, 1981 Cff'-"~jr4rJ:.L(/~ Zoning: 0, Office with Historic Overlay Lots K, L, M, N and the west ~ of Lot 0, Block 30, City and Townsite of Aspen (West Main and Fifth) 13,500 square feet Location: Lot Size: App 1 i cati on Request: The application is for condominiumization of the Ullr Lodge (11 standard lodge rooms, 16 apartment units and one studio unit). Ordinance No. 14 (Series of 1980) amends Section 20-23 of the Municipal Code to allow lodge condo- miniumization when specific requirements are met. The intent of this amendment is to permit improvements to lodges which may be either nonconforming structures or uses, while at a minimum maintaining the current level of management and contract services provided to guests. Hi story: The applicant took title to the Ullr Lodge in March, 1978, at a purchase price of $740,000. In the past 2~ years the applicant has expended $183,951 for capital improvements to the lodge. The applicant plans to expend an additional $48,000 following condominiumization approval. The total expenditure of approximately $230,000 is in excess of 30% of the assessed valuation of the lodge, demonstrating the owner's approach to the required upgrading of the facility. The applicant has also provided a declaration of the operation procedures and quality of services provided during his term of ownership, as shown in the attached application. In examining the history of the property, the Planning Office found that approximately two years ago a number of tenants of the lodge were evicted from long-term apart- ments which were then converted to short-term use. Since this action was undertaken without application under the GMP and without City approval, the eviction and conversion appears to be an illegal action by the owner. This would render condominiumization of the illegal units as a further illegal act and would be a condition for denial of this application by Council. However, we have attached a letter from James Moran which expresses that the applicant received an opinion from the City Attorney that the units could be legally rented on a short-term basis. Planning Office Review: Engineering Department Comments: Prior to submission to Council for final approval, revision should be made to the site plan and condominium map for the lodge. These revisions should follow the provisions outlined in the attached memorandum from the Engineering Department dated December 9, 1980. Prior to consideration by P & Z the applicant should provide the following additional information: 1. Further narrative regarding the date ownership was obtained for the purposes of determining the level of services offered at the lodge in the previous three years. Attorney's Commen ts : 2. Indication that services are contracted on a 24-hour basis. '-""", --- Ullr Lodge Condominiumization January 5, 1981 Page Two Housing Director's Prior to review by P & Z, the applicant should designate Comments: which units would provide employee housing. Since a one- and a two-bedroom apartment have been traditionally used for this purpose, nothing less should be designated. Planning Office The Planning Office has determined that the applicant has Recommendation: met the intent and requirements for lodge condominiumiza- tion, as amended in Section 20-23 of the Code. The Planning Office recommends subdivision exception (waiving conceptual approval before City Council and preliminary plat approval before P & Z) for condominiumization of the Ullr Lodge. Based on the comments received by the Planning Office, approval should be conditioned upon: 1. The applicant accomplishing appropriate revisions to the lodge site plan and condominium map, as stated in the memorandum from the Engineering Department dated December 9, 1980. Such revisions should be accomplished prior to review of the application by Council. P & Z Recommendation: 2. The applicant designating the units which will be used to provide employee housing. At its regular meeting on December 16, 1980, the Aspen Planning and Zoning Commission recommended subdivision exception for condominiumization of the Ullr Lodge, condi ti oned on: Council Action: 1. The applicant accomplishing appropriate revisions to the lodge site plan and condominium map, as stated in the memorandum from the Engineering Department dated December 9, 1980. Such revisions should be accomplished prior to the review of the application by City Council. 2. The applicant designating the units which will be used to provide employee housing. In response to the conditions recommended by P & Z the applicant has submitted a revised site plan and condominium map which meet the comments stated in the attached memo- randum from the Engineering Department. Should Council concur with the Planning Office and P & Z's recommendation, the appropriate motion is as follows: "I move to except the Ullr Lodge from full compliance with the subdivision regulations for purposes of condominiumiza- tion subject to the following condition: 1. The applicant designating the units which will be used to provide employee housing." PEN 130 s MEMORANDUM TO: Alan Richman, Planning Office FROM: Fritz Bruggemeier, Engineering Department ~ DATE: December 9, 1980 RE: ULLR Lodge Subdivision Exception for Condominiumization After reviewing the site plan and schematic floor plan for the Ullr Lodge, the Engineering Department finds the site plan missing the following required information: 1. Locations of existing electrical connection and water meter. 2. Indication of the zoning district. 3. The Ullr Lodge is fronted on West Main, not East Main as is indicated on the plan. The schematic floor plan or condominium map is found to be completely inadequate. There are no floor plans for the individual units indicating limited elements for each unit (storage, etc.). The general common element indicated on the schematic floor plan is too vague, and calculation of such area without internal dimensions is impossible. Also missing on the condominium map are floor and ceiling elevations and a cross sectional view. The Engineering Department recommends the applicant resubmit an adequate condominium map prior to Council presentation. ,... ....... LAW OFFICES GIDEON I. KAUFMAN BOX 10001 e, , WEST MAIN STREET ASPEN. COLORADO 81 e 11 DAYID G. EISENSTEIN December 7, 1980 TELEPHONE AREA CODE 303 925.8168 GIDEON I. KAUFMAN Robert Edmundson, Esq. City Attorney 430 East Main street Aspen, Colroado 81611 Dear BObbie, Pursuant to our phone conversation yesterday, I write this letter on behalf of the Ullr lodge to address the questions that you asked concerning their lodge condominiumization application. The Percivals have owned the lodge since March 1, 1978, and since that time the lodge has been run in the same fashion as is enumerated in their affidavit. I know that the Ordinance calls for a three (3) year history, in this case however, I think that two and one-half (2 1/2) year history sufficiently addresses the needs and concerns of the Ordinance. Please be advised that the Percivals have significantly upgraded the quality of service to tourists since taking over the lodge. I believe the combination of upgrading the lodge services and the two and one-half (2 1/2) years of ownership clearly meets the intent of the Ordinance. As far as contracting for service, there are intercoms that go to the quarters of the employees so that in emergencies, in-house help is available. Any maintenance agreements for contract services will be maintained by the condominium association. If you have any other questions on this matter, please feel free to contact me. Very truly yours, l,;OPY 'WiD' GIDEON KAUFMAN Gideon Kaufman GK kw ""'~""'~~;";'""'\'~'F-.:i-::i~:!' ,:~.W. 1';~~.;,ii1':"~Af.::",.i" .,tic::;;.;~~r;;~':'~)- .- ,......, '...... ..... HOLLAND & HART ATTORNEY'S AT lAW WASHINGTON, D. C. OF'rICE 1875 EYE STREET. N. W. SUITE 1200 WASHINGTON, D. C. 20006 n:U:PHONE (202'1 .66-7340 TE:LECOP1ER (202) ..ee-73&4 DENVER, COLOR,I,OD orneE 555 51:IIEN1EEN1H STREET SUITE 2900 DENVER, COLORADO 80202 T(LEPHONE (303) 575-8000 TELECOPIER C3031 575-8261 600 EAST MAIN STRE:ET ASPEN, COLOR....CO ellSll TELCPHONE (303) 11I25-3476 LAFlAM IE, WYOMING OFFICE HOLLAND ~ H.....T 6 KITE: BilLINGS. 1-40NTANA OFFICE SUITE '400 175 NORTH 27TH STREET BIU.INGS. MONTA...A S9101 TELE:PHQNE (406) 252-2166 TELE:COPIER (4061 252-1669 ,._...._...II:..M'~ 61. GRAND AVENUE LARAMIE, WYOMING 82070 TELEPHONE C307) 741-8203 TELIECOPIItA (07) 7ft2 -71;18 JAMES T. MORAN (303) 925-3....76 December 16, 1980 Mr. Robert B. Edmundson Acting City Attorney Grueter and Edmundson 430 East Main Street Aspen, Colorado 81611 Re: Ullr Lodge Dear Mr. Edmundson: At the request of Gideon Kaufman I am writing to clarify the circumstances surrounding an exchange of correspondence between myself and Aspen's City Attorney, Dorothy Nuttall relative to the Ullr Lodge. In the latter part of 1977 we represented Mr. and Mrs. Tony Percival who had expressed an interest in purchasing the Ullr Lodge from Mr. and MrS. Earl Schennum and their daughter, Deborah Schennum. The Schennums were represented by Peter Van Domelen. Mr. and MrS. Percival were interested in purchasing the property only if they could be assured that the entire property could be run as a tourist lodge under the then existing City ordinances. In their initial investigation of the matter, the Percivals received a letter from Clayton H. Meyring, Chief Building Inspector, advising them that the City zoning ordinances did not prevent the short term rental of existing dwelling units. We determined that the Building Inspector was correct and were prepared to give such an opinion to our clients. We also determined that it was prudent to request the City Attorney to review our reasoning and to let us know is she concurred. We discussed the entire situation verbally with Ms. Nuttall. We made it unmistakably clear to her that some units in both - - HOLLAND &HART Mr. Robert B. Edmundson December 16, 1980 Page Two buildings had in the past been rented for as long as one year and that four of the apartment units were currently subject to such leases. She was informed that the Percivals intended not to renew these leases when they expired but would at that time add the four units to the lodge inventory. She was also informed that any month to month or shorter tenancies would be terminated at the end of the current ski season (closing of the sale took place on March 1, 1978). On the basis of the above facts Ms. Nuttall indicated that she and the Planning Department agreed with our conclusion that all units in the Ullr Lodge complex could be rented as tourist units under the then existing ordinances. Ms. Nuttall agreed that she would send us a legal opinion letter to that effect. We then signed the purchase contract. Because of the press of City legal business she encountered delays in preparing her opinion and finally requested us to submit a letter which set out the relevant facts and legal conclusions. In this fashion she could respond in one or two sentences without having to prepare her,own two or three page letter. We agreed to do so and our letter of January 9, 1978 was prepared pursuant to her request. On January 19, 1978 she responded indicating agreement with our conclusion that "the Ullr may be operated as a lodge for tourist accommodations on a daily or day to day basis." We believe sincerely that all of the relevant facts were given to Ms. Nuttall in order to obtain a valid opinion. Her opinion was the same as that expressed by Mr. Meyring, Mr. Van Domelen and myself. I fail to understand why anyone would question either the procedure or the efficacy of Ms. Nuttall's opinion. Yours,:vrrY~lY' _ /' .- .-----. ~./~~ // ~e'U James T. Moran ~ JTMjpal i cc: Gideon Kaufman, Esq. / ,.-, . -, '. :ff>' , , ,....-'''~,.. oj ~. ,. ' HOLl.AXD & lIAHT ~'. ....TTORNEYS AT LAW TCLEPHONE 2D2-1ilI200 ARI:A COOl[ 303 500 eOUITABlE. BUILDING 730 SEVE~T['ENT~ STREET D[:NVI:R, C:OLORADO P. O. BOX 8749 DENveR.cOLOR....OO aOZOI CABLE AD DR Its. HOLHART, DENVER PLEAse REF"LY TO; MOUNTAIN PLAZA BUILDING ..3. E.. COOPER STREET, ....SPEN.COLOR...OO 81611 TELEPHONE 925-3.76 AREA CODE 303 January 9, 1977 Ms. Dorothy Nuttal City Attorney City of Aspen 130 S. Galena Street Aspen, Colorado 81611 Dear Dorothy: We represent Mr. and Mrs. AnthonyJ. Percival of Houston, Texas. They are prospective purchasers of the Ullr Apartments and Lodge at 520 West Main Street in Aspen. At the current asking price for that property, it has become extremely important for the Percivals to have assurances that, under current zoning, it is legal to operate the Ullr as a lodge, that is for tourist accommodations on a daily or day to day basis. I am prepared to give them my opinion that nothing in the currently applicable zoning ordinance would prohibit such operation. I would like to make sure that my analysis is cor- rect and, therefore, respectfully request you to review this letter and advise me whether or not I am correct in my opinion. I have, of course, advised the Percivals that there can be no assurance concerning future amendments to the zoning ordinance which might change the opinion expressed herein. 1':'170."....."" -' ,-,'-, C;" .~~,~_,..".,~, '. . 11 ... .~' , ~~ ..~ C'ITY. AF~!rASPEN (.V ~, 130 S ou'\:f'h e{cd e 111 s t,re e t a sp.e n t-co I 0 ,r.~(!p: 81 611 , ~.).~.., " ~ '" o k '.' January 19, 1978 James T. Moran, Holland & Hart 434 East Cooper Aspen, Colorado Esq. Street 81611 Ullr Apartments and Lodge Re: Dear Jim: t for an opinion with Bill I have reviewed your requesl . that under applicable . th our conc us~on, f Kane and we ag~ee w~ YUllr may be operated as a l~dge or zoning regulat~ons~ the d 'lor day to day bas~s. tourist accommodat~ons on a a~ y trUly~rs , -.~~ Dorothy N~ta11 city Attorney DN::nc "'" ~ /""-'>''\ MEt10RANDUM TO: Aspen Planning and.Zoning Commission FROM: Sunny Vann/Alan Richman, Planning Office RE: Ullr Subdivision Exception (Lodge Condominiumization) DATE: December 11, 1980 Zoning: 0, Office with Historic Overlay Location: Lots K,L,M,N and the west \ of Lot 0, Block 30, City and Townsite of Aspen (West Main and Fifth) Lot Size: 13,500 square feet The application is for condominiumization of the Ullr Lodge (11 standard lodge rooms, 11hapartment units and one studio unit). Ordinance No. 14 (Series of 1980) amends Section 20~23 of the Municipal Code to allow lodge condominiumization when specific requirements are met. The intent of this amendment is to permit improvements to lodges which may be either nonconforming structures or uses, while at a minimum maintaining the current level of management and contract services provided to guests. Application Request: Planning Office Review: The applicant ton~ title to the Ullr Lodge in March, 1978, e"'~", II'llo.St... ,.......tt\{ ~ . $ at aR i((e((Q~ v~l'~tleR of 740,000. In the past 2~ years the applicant has expended $183,951 for capital improvements to the lodge. The applicant plans to expend an additional $48,000 following condominiumization approval. The total expenditure of approximately $230,000 is in excess of 30% of the assessed valuation of the lodge, demonstrating the owner's approach to the required upgrading of the facility. The applicant has also provided a declaration of the operation procedures and quality of services provided during his term of ownership, as shown in the attached application. In examining the history of the property, the Planning Office found that approximatelY two years ago a number of tenants of the lodge were evicted from long~term apartments which were then converted to short-term use. Since this action was undertaken without application under the GMP and without P & Z approval, the eviction and conversion appears to be an illegal action by the owner, This would render condominiumization of the illegal units as a further illegal act and would be a condition for denial of this appli'Cation by P & z. \\0'""'" "-,~' \-A" History: ;~~~lQ ~ \~'l~ iAC- "' ,,(( \'''vd:J ~-i\,^ vJ,,^, l\A ~..~",;,L~ ~.." ,)'\-. I-v~\ "..\ ~.....c,,'-J\.~ A...~ l'1e" ;;' ~_r_. ;'<( -J-.. Engineering Department Comments: Prior to submission to Council for final approval, revision should be made to the site plan and condominium map for the lodge. These revisioos should follow the provisions out- lined in the attached memorandum from the Engineering Department dated December 9, 1980. Prior to consideration by P & Z the applicant should pro- vide the following additional information: 1. Further narrative regarding the date ownership was obtained for the purposes of determining the level of services offered at the lodge in the previous three years. Attorney 's Comments: 2. Indication that services are contracted on a 24-hour basis. Ullr Lodge Condominiumization December 11, 1980 ,"",", Page Two ....,.... Housing Director's Comments: Planning Office Recommendation: '\)~e D~:r , ..' Prior to review by P & Z, the applicant should designate which units would provide employee h~USi~j' Since.twe/l. o~~ 2-bedroom apartment$ have been t(lif3 '{;c used for this purpose, nothing less should be designated, ALQ ~ The Planning Office has determined that the applicant has met the intent and requirements for lodge condominiumiza- tion, as amended in Section 20-23 of the Code. The Planning Office recommends subdivision exception (waiving conceptual approval before City Council and pre- liminary plat approval before P & Z) for condominiumization of the Ullr Lodge. Based on the comments received by the Planning Office, approval should be conditioned upon: ~1. The applicant accomplishing appropriate revisions to the lodge site plan and condominium map, as stated in the memorandum from the Engineering Dept. dated " December 9, 1980. c,~c\'" l\.\..J\\,..\ ",\"",J.-& ",t. ,,~c,~,,\'\,," rr'i.. ,r,., ,!, {', ~.. ' I,", I' t-', ,.:..;.., " ~.::..._ i.:~"'i (~, --- 2, The applicant providing furt nformation regarding the tenm of ownership a ature of services, as stated in the memon um from the Acting Attorney dated December ,1980 indicating that the quality and quantity 0 ose services provided during high season will b onsistent with the level of service in the pr ous three years. ;;"'/3. The applicant designating the units which will be used to provide employee housing. 4. The applicant9emonstr-ati~g that no long-term rental units were illegally converted to short-term use. TO: Sunny Vann FROM: Jim Reent~)-(2 DATE: November 28, 1980 SUBJECT: U11r Condominiumization with regard to the above application, the applicant has not designated which units would be the employee units. This should be done by the P & Z review stage. The applicant states two 2-bedroom apartments have traditionally been used for employees. Nothing less should be designated. JR:ds "-"._,, ,....., '-' ......oJ PEN MEMORANDUM DATE: December 8, 1980 TO: Sunny Vann FROM: Bob Edmondson RE: ULLR Subdivision Exception The applicant needs to inform the City of the date he obtained ownership in order that we can determine the seervices that were offered in the previous three years. Also, the applicant must show services are contracted on a twenty-four hour basis. RBE:mc r- ....... ("...."', APPLICATION FOR CONDOMINIUMIZATION OF AN EXISTING LODGE Pursuant to S20-23 of the Municipal Code of the City of Aspen (Ordinance l4-series of 1980) Anthony J. Percival and Frederica M. Percival (hereinafter collectively referred to as "applicant") hereby apply for approval from the City of Aspen for their plan to condominiumize the lodge existing on certain real property situate in the City of Aspen described as Lots K, L, M, N and the West 1/2 of Lot 0, Block 30, City and Townsite of Aspen, Pitkin County, Colorado. A. ATTACHMENTS Attached to the application are the following exhibits: 1. Certified copy of Title Insurance Policy showing proof of ownership. 2. Improvement survey for the property. 3. site inventory for the property including in detail the actual configuration of the lodge facility, the common areas and the location of any amenities serving the lodge. 4. Draft of proposed condominium declaration language required by S20-23 (a) (1). 5. Affidavit of applicant concerning services are required by S20-23 (a) (3) . B. OWNERS' USE RESTRICTION Applicant agrees to restrict the owners' personal use of the condominium units as per the requirements of S20- 23 (a) (1) (a), (b) and (c) as is specified in paragraphs 1, 2 and 3 of the proposed condominium declaration language attached hereto as Exhibit 4. "-"'-'-".'~*"'~~'-' c /-"", ...../ [' C. EMPLOYEE HOUSING Two (2) two-bedroom apartments in the Ullr Lodge have traditionally been used for employee housing. Applicant agrees to permanently designate these units as employee housing. These units exceed the required two (2) pillows of employee housing. D. SERVICES AND MANAGEMENT Applicant agrees to provide on-site management and maintenance and other tourist accomodation services consistent in quality and quantity to those provided during the high seasons for the three (3) years previous to the time of application. The services provided by the lodge for the three (3) years previous are set forth in the affidavit attached hereto as Exhibit 5. Applicant agrees the lodge shall continue to provide on-site management from at least 8:00 a.m. until 10:00 p.m. during the high season. E. TOURIST MARKET Applicant agrees the condominium units shall remain available to the general tourist market. In order to assure these units do remain available to the general tourist market, applicant has provided for the fourteen (14) day owners' personal use restriction in the condominium documents. In addition, the lodge will continue to be a member of Aspen Central Reservations, the Aspen Chamber of Commerce and the American Automobile Association and will continue to advertise in the Aspen and Denver yellow pages and be associated with Mobil and be included in the Mobil Tour Book, - 2 - ,..... '- ,...-'~ '<"...,f F. cmmON AREAS Applicant agrees the common areas of the lodge shall remain common areas and be maintained in a manner consistent with their previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. G. CAPITAL IMPROVEMENTS Since the time applicant obtained ownership of the lodge, applicant has expended the total sum of $183,951.00 for capital improvements to the lodge. Subsequent to condominiumization approval, applicant plans to remodel completely the ten (10) standard lodge rooms of the lodge which remodeling shall include installing new carpeting, beds, dressers, night stands, lamps, mirrors, drapes, bedspreads and linens and the lodge office shall be recarpeted. In addition, applicant plans to upgrade the twelve (12) apartment kitchens and the common areas. These improvements are projected to cost applicant approximately $48,000.00. H. ECONOMIC CHARACTER OF CLIENTELE The lodge typically serves moderate range clientele. Applicant requests this application for condominiumization of an existing lodge be presented before the Planning and Zoning Commission at its next regularly scheduled meeting. Dated this day of November, 1980. Gid~~L:r Attorney for Applicant 611 West Main Street Aspen, Colorado 81611 (303) 925-8166 - 3 - !,"'.""- -- EXHIBIT 4 LANGUAGE FOR LODGE CONDOMINIUM DECLARATION 1. Personal Use Restriction. An owner's personal use of his unit shall be restricted to fourteen (14) days or less during the seasonal period of December 18 - March 20. This seasonal period is hereinafter referred to as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or occupancy of a unit by a nonpaying guest of the owner or taking the unit off the rental market during high season for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable, This restriction shall not preclude the occupancy of the unit by a lodge manager or staff employed by the lodge. This restriction has been imposed by the City of Aspen and is not included to benefit the declarant but rather to continue a use deemed necessary by the City of Aspen. 2. Assessment for Violation of Personal Use Restriction. A violation of the owner's personal use restriction by a unit owner as such personal use restriction as defined in '1 above, shall subject the owner to a daily assessment by the association of three (3) times the daily rental rate for the unit as such rental rate is at the time of the violation. This assessment shall be due and owing from the time of violation. The assessment, when paid, shall be deposited in the general funds of the condominium association and shall be used to upgrade and repair the common elements of the condominium. All sums assessed against an owner for violation of an owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien may be evidenced by written notice placed of record in the office of the Clerk and Recorder of pitkin County, Colorado, and may be - - /"'-. .,.......' collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. In the event the association fails to enforce the owner's personal use restriction, the City of Aspen shall have the right to enforce the restriction by the assessment, lien and right of foreclosure provided for herein. In the event the City enforces the restriction, the City shall be entitled to the funds collected as a result of the assessment for the violation. In the event of litigation resulting from the enforcement of this personal use restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney's fees incurred. 3. Annual Report to City. The City of Aspen shall have the right to require from the association an annual report of owner's personal use during high season for all the condominium units. 4. Employee units. Units and of the condominium shall be utilized only for use as employee housing, as such is defined and regulated by the City of Aspen Housing Authority. , c .r'''''', """" EXHIBIT 5 AFFIDAVIT OF LODGE SERVICES STATE OF COLORADO ss. COUNTY OF PITKIN " , 1. We, ANTHONY J. PERCIVAL and FREDERICA M. PERCIVAL, the affiants hereunder, live in the three- (3) bedroom, two and one-half (2 1/2) bath apartment situate on the lodge property described as Lots K, L, M, N and the West 1/2 of Lot 0, Block 30, City and Townsite of Aspen, Colorado. We are the owners of this lodge which is known as the Ullr Lodge. We, along with the manager, handle the accounting, reservations, payroll, and some of the basic maintenance such as helping the manager keep the pool and spa equipment clean, grounds keeping, painting and changing lightbulbs. Maids are trained to relieve us and the manager by taking reservations both over the phone and walk-in traffic. Maids also assist with cleaning the pool and spa facilities and manning the front desk for check-ins and check-outs. Maids also are acquainted with the basic accounting procedures for the lodge operations. 2. During the high season, an American breakfast is provided to the eleven (11) standard lodge rooms only. Occupants of the apartments are not provided with breakfast. During all other seasons, a continental breakfast is provided to all units. 3. The front desk is controlled by an intercom system leading to our apartment and to the manager's apartment. The office is open for off-street traffic from 8:00 a.m. to 10:00 p.m. daily. After 10:00 p.m., a closed sign is hung on the door and a no vacancy sign put up. The business ,..... - /."" ~-4.' phone is also answered between the hours of 8:00 a.m. and 10:00 p.m. daily. Telephone messages are given to the eleven (11) standard lodge rooms. In the eleven (11) standard lodge rooms, there are no phones. There is a pay phone available in the office. All the apartment units have their own private lines. There is no PBX system. 4. The lodge does not provide any transportation service. 5. Check-in hours are from 8:00 a.m. to 10:00 p.m. After hours guests are left a key. 6. The following amenities have been available to guests: (a) Game room with tables, chairs and booths. Chess, checkers, backgammon and cards are provided. There is also a ping pong table and piano available. (b) Sauna (c) Indoor whirlpool (d) Outdoor whirlpool (e) Heated swimming pool 7. All electrical, plumbing, services of appliances and T.V. and carpentry are done by professional persons hired by the lodge on a contract basis. Pool and spa maintenance, grounds keeping, painting and other light chores are done by the lodge owners or by the in-house staff. 8. We are a member of the A.C.R. and the Chamber of Commerce in Aspen. We are members of the American Automobile Association and are inspected and - 2 - 1""'. .~ '- .....,t rated 2-3 times annually. We have also just associated the lodge with Mobil and have inspected and will be included in the Mobil Tour Book for 1981. The lodge also advertises in the Aspen and Denver yellow pages. IN WITNESS WHEREOF, we the undersigned affiants have executed this affidavit on this J0~ day of November, 1980. 1lnL; T ~ ANTHONV PER IVAL _F),~~m, PU{}..~ FREDERICA M. PERCIVAL STATE OF COLORADO ss. COUNTY OF PITKIN d Acknowledged, subscribed and sworn to before me this ~ day of November, 1980, by ANTHONY J. PERCIVAL and F~EDERICA M. PERCIVAL. Witness my hand and official seal. My commission expires: ~ ~(17/cj ~)fl. JJd Notary Public - 3 - '... kb- SCHEDULE A GF'or File No.: 18-01-78 AMOUNT 5740,000.00 Effective Date: Karch 2, 1978 at 8:00 A.H. POLICY NO, M 1 530840 1. Name of Insured: EARL C. SCHENNUH, .JR., CAROL H. SCHENNUH and DEBORAH J. SCHmlNUH 2, The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is:la fee, a leasehold, etc,) Fee simple 3. The estate or interest referred to herein is at the Effective Date of this Policy vested in: ANTHONY J. PERCIVAL and FREDERICA H. PERCIVAL 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: Deed of Trust fr08l Anthony J. Perc1.val and Frederica H. Percival to the Public Trustee of Pitldn County, Colorado for use of Earl C. Schennua, Jr., Carol H. SchennUIII and Deborah J. ScheuuUIII, to. secure $740,000.00, dated March 1, 1978 and recorded Karch 1, 1978 in Book 344 at Page 174. "). The land referred to in this policy is described as follows: Lots, K, L, K, N and the West 1/2 of Lot 0 Block 30 CITY AND TOWNSITE OF ASPEN ~rtlt!e! f. ~i . tru. ad ad 0111'801 .on ~ A~.II 11!!7~ - JJI..[ 1'1L'l ~. /]t[,tt: . Pitkin County, Colorado I\&peI1 USLlFE nn.E '''SUf~\~;(;E Compsi1Y 01 OaHu 1301 Main C:m.-l Oallal. Texa. 7~W2 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY, FORM 1970 AMENDED 10-17.70 Form 2M (CO) Schedule A lOH1276H , SCHEDULE B-PART I ,~...,. I JL,) NO M 1 530840 78-01-58 This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements. or claims of easements, not shown by the public records. 3. Discrepancies. conflicts in boundary lines, shortage in area. encroachments. and any facts which a correct survey and inspec. tion of the premises would disclose and which are not shown by the public records. 4. Any lien. or right to a lien, for services. labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. ' 5. The lien of all taxes and uses8llellts for year 1978, and thereafter. 6. Terms, conditiooa and effects of Ordinance Ho. 60 (series of 1976) designating Historical District affecting subject property. 7. Any tax, assusmeuts, feea or charses by reason of the incluaiOD of subject property in Aspeu Fire Protection D:Latrict, Aspen Metropolitau Sanitation D:Latrict, Aspen Stree.t Improvement District, Aspen Water lUld Sanitation Diatrict and Aapeu Valley Hospital Diatrict. SCHEDULE B-PART II In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown. but the Company insures that such matters are subordinate to the lien or charge of the insured mortgage upon said estate or interest: AMERICAN LAND TITLE ASSOCIATION LOAN POLICY, FORM 1970 AMENDED 1()'17-70