HomeMy WebLinkAboutcoa.lu.ex.Beer/Zanger, Lot 8, W. Aspen Subdivision 1
MEMORANDUM
TO: Aspen Planning and Zoning Commission
Aspen City Council
FROM: Richard Grice, Planning Office
RE: Beer/Zangger Subdivision Exemption
DATE: November 2, 1979
Zoning: R-15
Location:
845 North Red Butte Drive (In+ R. wc<t n~piR SybdivisisR, FiFst Filing)
Lot Size:
Renta 1
History:
Unit 2 has been occupied by the owner for the last 18 months.
Unit 1 has been rented for $.62 per square foot since May 1st of
1977 .
Eng i neeri ng
Comments:
See attached memorandum to the Planninq Office dated October 1,
1979.
Attorney's
Comments
See attached memorandum to the Planninq Office dated November 1.
1979.
Housing
Di rector's
Comments:
Planning Office
Recommendation:Denial until the applicant submits an appropriate plan to minimize
the adverse affects of this condominiumization upon the low and
moderate income housing pool.
P and Z
Recommendation:
Recorded
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STATEMENT FROM EXEMPTION
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OF DEFINITION OF SUBDIVISION
The undersigned Mayor of the City of Aspen in Pitkin
County, Colorado, does hereby certify that the City Council
of the City of Aspen/has determined that the condominiumization
of an existing duPlJx building located on the real property
described below is not within the intent and purpose of the
City of Aspen's subdivision ordinance, and that City Council
has granted an exemption from the definition of the term
"subdivision" by Resolution adopted December 10, 1979 as to
the following real property:
Lot 8, Filing I-A, West Aspen Subdivision, City of Aspen,
Pitkin County, Colorado
Dated this
21
day of December 1979
%/~
Herman Edel, Mayor
I Kathryn S. Koch, do hereby certify that a Statement of
Exemption from the Definition of Subdivision was adopted
by Aspen City City Council at its regular meeting held"
December 10, 1979, at which time Herman Edel, Mayor', was"
authorized to execute the same.
.<,K0(:h, city Clerk
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STATE OF COLORADO
SS
COUNTY OF PITKIN
The foregoing was acknowledged before me this,~ day of
December 1979 by Herman Edel as Mayor and Kathryn S. KOch
as City Clerk of the City of Aspen.
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Witness my hand and official seal.
My commission expires: 1.?/::<6/Z5
,(S E A L) ~)(()A.tWi1;b.' (!.c.~~
Notar Public
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MEMORANDUM
TO:
FROM:
Aspen City Council
Richard Grice, Planning
Offi ce ~~
RE: Beer/Zangger Subdivision Exemption
DATE: November 19, 1979
Zoning: R-15
Location: 845 North Red Butte Drive (Lot 8, West Aspen Subdivision,
First Filing)
Lot Size: Un known
Rental History:
Unit Two has been occupied by the owner for the last 18
months. Unit One has been rented for $.62 per square foot
since May 1, 1977.
Engineering
Comments:
Approval subject to a number of corrections being made on
the subdivision exemption plat prior to being placed on a
City Council agenda. The corrections requested are found
in the attached Engineering Department's memo of October 1,
1979.
Attorney's
Comments:
"I have no objection to the approval of the above entitled
subdivision exemption provided the property is deed restricted
to the six month minimum lease provisions of Section 20-22 of
the Code. However, the rental history of Unit One should be
provided to the Planning and Zoning Commission and to the City
Council for their consideration. It is possible that they might
find that this unit is within the low and moderate income
housing pool. Based upon the new housing price guidelines
which are drafted and being submitted to the City Council on
November 12th, it is my opinion that this unit is clearly
within that housing pool. If the Planning and Zoning Com-
mission or City Council agree that this subdivision exemption
should be denied until the applicant submits an appropriate
plan to minimize the adverse effects of this condominiumization
upon the low and moderate income housing pool."
Planning Office
Recommendation:
We feel Unit One is within the low and moderate income housing
pool and therefore subdivision exemption should be denied until
the applicant submits an appropriate plan to minimize the
adverse effects of this condominiumization on the low and
moderate income housing pool.
P and Z
Recommendation:
Recommendation is for approval subject to the following:
1. Property should be deed restricted to the six month
minimum lease provisions of Section 20-22 of the Code.
2. Items 1 through 7 of the Engineering Department's memorandum
of October 1, 1979 shall be corrected prior to being
placed on a City Council agenda.
Recorded at 11: 56AM"December
Reception 2,20452
21, 1979 Loretta Banner Recorder
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COVENANT
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ANN AMABILE and MARILYN C.BEER, for themselves, their heirs,
executors, administrators and assigns hereby covenant with the
City of Aspen, a Colorado municipality, that:
1. They are the owners of Lot 8, Filing I-A, West Aspen
Subdivision, pitkin County, colorado, which property is improved
with a duplex structure which has been condominiumized as Lot 8
WEst Aspen Subdivision Condominium, city of Aspen, State of
Colorado.
2. The above described property shall be restricted to
six-month minimum leases with no more than two shorter tenancies
in any calendar year.
3. The undersigned agree to join in any improvement district
for construction of curbs, gutters, and sidewalks if such a dis-
trict is organized to include the above described property, or
agree to reimburse the City of Aspen directly if it chooses to
construct such improvements without the formation of a district
provided such improvements are made within West Aspen Subdivision
generally.
4. The covenants contained herein are to run with the
land and shall be binding on all parties and all persons claiming
under them for a period of 30 years from the date that these
covenants are recorded and shall be automatically extended for
an additional 20 years thereafter unless an instrument signed by
the record owners of the property and the Mayor of the city of
Aspen pursuant to resolution of the City Council releases or
changes such covenant.
IN WITNESS WHEREOF, this declaration has been duly executed
this 18th day of December, 1979.
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V/~n/ 4 .tJ,LA/
Marilyn/C. Beer
Ann Amabile
STATE OF COLORADO)
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COUNTY OF~~'~~N )
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(S E A L)
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Jon K. Mulford. Lawyer
600 East Hopkins . Aspen, Colorado 81611
(303) 925-8780
Jon K. Mulford
Erin L. Fernandez
August 17, 1979
Mr. Richard Grice
Planning and Zoning Commission
City of Aspen
130 South Galena
Aspen, Co 81611
RE: Application for Exemption from Subdivision for
Condominiumization of Lot 8 West Aspen Subdivision,
First Filing a/k/a 845 North Red Butte Drive,
a/k/a 845 cemetery Lane, Aspen, Colorado
Dear Mr. Grice:
Marilyn G. Beer and Barbara Zangger each own an undivided
one-half interest in Lot 8 West Aspen Subdivision First
Filing. Unit 2 is presently occupied by Marilyn G. Beer
and has been for the past 18 months.
The rental history for Unit 1 owned by Zangger is as follows:
Tenant
Rent
Dates
Reed Slater
$600
$600
$600
5/1/77 thru 9/30/78
10/1/78 thru 4/15/79
4/15/79 thru 8/1/79
John Ciuba
Gayle Moeller
We have enclosed the leases with these tenants for your perusal.
John Ciuba held over his tenancy and Reed Slater was released
from the lease early, both as indicated above.
The square footage of the unit is 957.6 square feet. The
rental price for the last 18 months has remained constant
at $.62 per square foot. Thus, approval will not reduce the
supply of low and moderate income housing as defined by the
PMH guidelines to be $.58 or less per square foot.
There will be no tenant displacement as a result of the
conversion as Gayle Moeller's tenancy ends August 31, 1979.
The unit has been offered to the tenant and she has declined
to purchase at the offering price of $215,000. No tenant has
been required to move involuntarily within the preceding eighteen
(18) months prior to application.
"
Mr. Richard Grice
August 17, 1979
Page 2
Both units shall be
leases with no more
upon conversion, as
restricted to six (6) month minimum
than two (2) shorter tenancies per year
required by City Ordinance.
A $50 application fee is enclosed. A copy of the proposed
condominium Declaration is enclosed also.
Please advise as to any other information needed to process
this application, and the date of the initial presentation
to the Planning and Zoning Commission.
Sincerely yours,
~L.~
Erin L. Fernandez
ELF:kkm
Enclosures
MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Daniel A. McArthur, Engineering Department
RE: Beer-Zangger Subdivision Exemption, Lot 8, Filing 1, West
Aspen Subdivision
DATE: November 27, 1979
After having reviewed the resubmitted survey plat for the above
subdivision exemption and having made a site inspection, the En-
gineering Department recommends the following:
1)
and
am
The owner/applicant shall agree to enter into a
sidewalk improvement district in the event that
also deed restrict.
curb, gutter
one is formed
The Engineering Department recommends approval for the above sub-
division exemptions subject to the owner/applicant correcting the
above conditions.
.
PEN
130 s
MEMORANDUM
DATE: November 21, 1979
TO:
Richard Grice
"
FROM:
,-
Ron Stock
b
RE: Beer/zanger Subdivision Exemption
If the above entitled subdivision exemption is granted, the
approval should be conditioned upon the applicant meeting the
following requirements of Section 20-22 of the Municipal Code of
the City of Aspen:
[xl Notice and option provisions to current
tenants
[xl Each unit restricted to six-month minimum
leases with no more than two shorter tenan-
cies in a calendar year.
Considering the rental history of the property, it is possible
that the Planning & zoning Co~~ission and City Council may deter-
mine that the property, or a portion thereof, is within the low
and moderate housing pool. The rental history of the property
should be presented to them for their consideration.
RWS:mc
130 s
treet
1611
MEMORANDUM
DATE: November 1, 1979
TO: Richard Gr;i.ce
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FROM: Ron Stock r
RE: Beer/Zanger Subdivision Exemption
I have no objection to the approval of the above-entitled subdivi-
sion exemption provided the property is deed restricted to a six-
month minimum tenancy pursuant to Section 20-22 of the Code. How-
ever, the rental history of Unit 1 should be provided to the Plan-
ning & Zoning Commission and the Council for their consideration.
It is possible that they might find that this unit is within the
low and moderate income housing pool. Based upon the new housing
price guidelines which are drafted and being submitted to the
Council on November 12, it is my opinion that this unit is clearly
within that housing pool. If the Planning & Zoning Commission or
the City Council agree then this subdivision exemption should be
denied until the applicant submits an appropriate plan to minimize
the adverse effects of this condominiumization upon the low and
moderate income housing pool.
RWS:rnc
MEMORANDU~l
FR()I:
RE:
DATE:
City Engineering 'Department
Ron Stock, City Attorney
Jim Reents, City Housing Director
Richard Grice, Planning Office
Beer/Zangger Subdivision Exemption
TO:
August 24, 1979
Attached please find application for subdivision exemption. This item
is scheduled to come before the Aspen Planning and Zoning Commission on Tuesday,
November 6, 1979. Therefore, may I please have your written comments 'no later
than Monday, October 29, 1979. Thank you.
/'~".
CONDOMINIUM DECLARATION
FOR
LOT 8 WEST ASPEN SUBDIVISION CONDOMINIUMS
Marilyn G. Beer and Barbara Zangger, (referred to as
"Declarants"), do hereby make the following declarations:
RECITALS
Intention of Declarants. Declarants are the owners of
certain real property described in Exhibit A attached hereto
and by this reference made a part hereof. Buildings consisting
of condominium units and related facilities will be or have
been constructed on the real property, and Declarants
intend to establish a condominium ownership project under
the condominium Ownership Act of the State of Colorado
consisting of all of the fol10wing which shall hereinafter
be referred to as "The Property": a) the real property
described as Exhibit A; b) all improvements constructed
on said real property; and c) the easements and licenses
described in this Declaration.
DEFINITIONS
The following terms shall have the following meanings
when used in the Declaration unless the context shall expressly
provide otherwise:
Declarants.
Barbara Zangger.
"Declarants" mean Marilyn G. Beer and
Building. "Building" means the structures containing the
Apartment Units, as hereinafter defined.
Apartment or Apartment unit. "Apartment" or "Apartment
unit" means an individual air space unit, consisting of enclosed
rooms occupying part of a floor or floors in the Building
and bounded by the unfinished perimeter walls, ceilings and
floors. For the purpose of defining an Apartment Unit, the
terms:
a. "Unfinished Wall" means the studs, supports and
other wooden, metal, concrete, block or similar structural
materials which constitute the interior face of a wall.
b. "Unfinished ceiling" means the beanle';, floor joists
and plywood or concrete deck or similar floor deck material
which constitute the ceiling of an apartment.
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An Apartment or Apartment unit shall include the drywall,
wall paneling, wood, tile, paint, paper, carpeting or any
other wall, ceiling or floor covering, windows, and doors.
An Apartment or Apartment Unit shall also include any
fireplace hearth, fireplace facing brick or tile or firebox. An
Apartment or Apartment Unit shall further include fixtures and
hardware and all improvements contained within the unfinished
perimeter walls, ceilings and floors. An Apartment or Apart-
ment unit shall include any heating elements or related
equipment, utility lines and outlets, electrical and plumbing
fixtures, pipes and all other related equipment required to
provide heating, water, electrical, telephone or other utility
services to the Apartment and located within the Apartment
as above defined; provided, however, that an Apartment or
Apartment Unit shall not include any of the structural
components of the Building or utility or service lines
serving more than one Apartment, located within the Unit.
Each l',partment unit as thus defined shall be shown on the
Map to be filed for record.
condominium Unit. "Condominium unit" or "Unit" means
an Apartment Unit with a fractional or percentage undivided
interest in the general common elements and the limited
common elements, and the easements and licenses appurtenant
thereto.
Owner. "Owner" means a person, firm, corporation,
partnership, association or otper legal entity or any cOIT~ination
thereof, who owns one or more Condominium Units. A
contract purchaser of a condominium Unit in actual, lawful
possession thereof is also an Owner.
Common Elements.
common Elements and the
hereafter described and
"common Elements" means the General
Limited common Elements as the same are
defined.
General Common Elements. "General Common Elements" means
(a) the real property described in Exhibit A attached
hereto; (b) all structural components including, but not
limited to the foundations, columns, girders, beams, supports,
main walls, roofs, halls, corridors, lobbies, stairs, stairways,
fire escapes, entrances and exits of such Building, perimeter
floors, walls and ceilings and chimneys, and flues; tel
installations of central services such as power, lights, gas,
hot and cold water, heatins, refrigeration, waste removal,
incineration, other utilities (including all pipes, ducts,
flues, wires, cable and conduit used in connection with
such items), whether located in common areas or within Apartments,
but subject to the provisions of any supply agreements entered
into by the Owners; (d) elevators, tanks, pumps, motors,
fans,compressors, ducts in general, all apparatus and installa-
tions existing for common use; (e) all of the parts of the
Property necessary or convenient to its existence, maintenance
and safety where normally in comrr,on use; but except (a) all of
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the apartments and (b) those areas designated as Limited
Common Elements on the Condominium Map.
Condominium Project. "Condominium Project" means
all of the interests in the real property and improvements
initially and subsequently submitted to this Declaration.
Common Expenses. "Common Expenses" means and includes
a) expenses of administration, operation and management,
repair or replacement of the General Common Elements of the
Project, b) expenses declared Common Expenses by the provisions
of this Declaration or by the Owners, c) all sums lawfully
assessed against the Common Elements of the Project by the Owners
and, d) expenses agreed upon as Common Expenses by the Owners.
Condominium Map or Map. "Condominium Map" or "Map"
means and includes the engineering surveyor surveys of the
Property locating thereon the Building, the floor plans and
other drawings or diagrammatic plans, including without
limitation, charts or schedules depicting all or part of the
improvements on the land and such other information as may
be included thereon in the discretion of the Declarant.
Condominium Declaration. "'Condominium Declaration" or
"Declaration" means this Declaration together with any
supplement or amendment hereto recorded in the office of the
Clerk and Recorder.
Mortgage. "Mortgage" means any mortgage, deed of trust
or other security instrument by which a Condominium Unit or
any part thereof is encumbered.
First Mortgagee. "First Mortgagee" means the holder
of any Mortgage under which the interest of any Owner is
encumbered and which Mortgage has first and paramount priority
subject only to the lien of general or ad valorem taxes and
assessments.
GRANT AND SUBMISSION OF PROPERTY
Grant and Submission. Declarant hereby grants and
submits the Property to this Declaration. .
Division into Condominium Units. The Project is
hereby divided into Condominium Units, each consisting of a
fee simple interest in an Apartment unit and an undivided
fee simple interest in the Common Elements in accordance
with the respective undivided interest in Common Elements
appurtenant to each Apartment Unit as set forth in Exhibit B
attached hereto. Such undivided interests in the Common
Elements are hereby declared to be appurtenant to the respective
Units.
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Covenants Running with the Land. All provisions
hereof shall be deemed to be covenants running with the
land, or as equitable servitudes, as the case may be, and
shall inure to the benefit of and be bending upon Declarant,
its successors and assigns and to all persons hereafter
acquiring or owning any interest in the Project or in any
Condominium Unit, however such interest may be acquired.
CONDOMINIUM MAP
Description. The Map shall be filed for record in the
office of the County Clerk and Recorder. The Map may be
filed in whole or in parts or sections, from time to time,
as stages of construction of the Buildings and other improve-
ments are substantially completed. Each section of the Map
filed subsequent to the first or initially filed Map shall
be termed a supplement to such Map and the numerical sequence
of such supplements shall be shown thereon. The map or any
part or section thereof shall not be filed for record until
the Building in which the Units are located has been substantially
completed in order to permit the location thereof, both
horizontally and vertically, by registered engineers, surveyors
or architects. The Map shall be filed for record prior to
the conveyance of the Condominium unit to a purchaser. The
Map shall depict and show at least the following: The legal
description of the Property and a survey thereof; the location
of the Building; the floor and elevation plans; the location
of the Apartment within the Building, both horizontally and
vertically; the thickness of the common walls between or
separating the Apartments; and the location of any structural
components or supporting elements of the Building. The Map
shall contain a certificate of a registered professional
engineer or licensed architect or a licensed land surveyor
certifying that the Map substantially depicts the location
and the horizontal and vertical measurements of the Property,
including the Building, the Apartments and the Unit designa-
tions, the dimensions of the Apartments, the elevations of
the unfinished floor and ceilings as constructed, and that
such Map is prepared subsequent to the substantial completion
of the improvements. Each supplement or amendment shall set
forth a like certificate when appropriate.
Interpretation. In interpreting the Map, the existing
physical boundaries of each separate Apartment as constructed
shall be conclusively presumed to be its boundaries.
Amendment. Declarants reserve the right to amend
the Map, from time to time, to conform it to the actual
location of any of the constructed improvements and to
establish, vacate and relocate outside any Building, utility
easements, access road easements and parking areas.
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EASEMENTS AND LICENSES
Easements for Ingress and Egress. Declarants,hereby grant
as an appurtenance of each Condominium Unit, an easement of
ingress and egress to assure access from a public road to
each Condominium Unit and to the parking space or spaces
appurtenant to such Condominium unit. The specific means of
ingress and egress shall be subject to change as the DeclarantE
shall from time to time deem necessary so long as a reasonable
means of access is always maintained.
Easements for Encroachments. If any portion of the
Common Elements encroaches upon any Apartment or if any
Apartment encroaches upon any other Apartment or upon any
portion of the Common Elements, or if any Apartment encroaches
upon any property of the Declarants as a result of the con-
struction of the Building, or if any such encroachment shall
occur hereafter as a result of settling or shifting of any
Building or for any other reason, a valid easement for
encroachment and for the maintenance of the same shall exist
so long as the Building shall exist. In the event of any
Building, or any adjoining Common Element, being partially
or totally destroyed and then rebuilt, encroachments of
parts of the Common Elements upon any Apartment or upon any
portion of the Common Elements, or upon any property owned
by Declarant due to this rebuilding, shall be permitted, and
valid easements for such encroachment and the maintenance
thereof shall exist so long as the Building shall stand. The
foregoing encroachments shall not be construed to be encumbrances
affecting the marketability of title to any Condominium Unit.
INCIDENTS OF CONDOMINIUM OWNERSHIP
Limited Common Elements. Limited Common Elements shall
be designated as such on the Condominium Map and shall
include, but not be limited to, storage units, patios,
balconies, decks, and ski storage closets. Those areas
designated as Limited Common Elements shall be identified on
the Condominium Map with the same number of other designation
by which the Apartment is identified. Such Limited Common
Elements shall be used exclusively by the Owner of said
Apartment and not by others except by invitation.
Title. Title to a condominium Unit may be held or
owned by any person or persons and any entity or entities in
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any manner in which title to real property may be held or
owned in the State of Colorado.
Inseparability. Each Apartment unit shall be insepara-
ble from the undivided interest in and to the Common Elements
appurtenant thereto and no such Unit shall be conveyed,
leased, devised, mortgaged or otherwise transferred except
as a complete ccndominium Unit as defined herein. Every
gift, devise, bequest, transfer, encumbrance, conveyance or
other disposition of a condominium Unit or any part thereof
shall be presumed to be a gift, devise, bequest, transfer,
encumbrance or conveyance respectively of the entire condominium
unit, together with all appurtenant rights created by law or
by this Declaration.
No Partition. The common Elements shall be owned in
common by all the Owners of Condominium Units, and neither
an Owner, nor group of Owners shall bring any action for
partition or division of the Common Elements. Similarly, no
action shall be brought for partition of a residential
condominium unit between or among the Owners thereof.
Owners' Rights To Common Elements. Subject to the
limitations contained in this Declaration, any Owner shall
have the nonexclusive right to use and enjoy the General
Common Elements and shall have the exclusive right to use
and enjoy the Limited Common Elements designated for exclusive
use by such Owner.
Separate Tax Assessments. Upon the recording of
this Declaration and the filing of the condominium Map,
Declarant shall deliver a written notice to the county
Assessor, as provided by law, which notice shall set forth
the descriptions of the Condominium Units, so that thereafter
all taxes, assessments and other charges of the State or any
political subdivision or any special improvement district or
any other taxing agent or assessing authority shall be
assessed against and collected on each Condominium Unit,
each of which shall be carried on the tax records as a
separate and distinct parcel for that purpose. For the
purpose of such assessment, valuation of the Common Elements
shall be apportioned among the units in proportion to the
fractional interest in the Common Elements appurtenant to
such condominium units. No forfeiture or sale of any condominium
Unit for delinquent taxes, assessments or other governmental
charge shall in any way affect the title to any other Condominiun
Unit.
Access for Maintenance, Repair, and Emergencies. The
Owners shall have the irrevocable right to be exercised by
them or their delegated representatives, or by Declarants
should they fail to act, to have access to each Apartment
from time to time during reasonable hours as may be necessary
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for the maintenance, repair or replacement of any of the
Common Elements therein or accessible therefrom. Such right
of access shall be immediate for the making of emergency
repairs therein in order to prevent damage to the Common
Elements or to another Apartment. They shall also have all
the foregoing rights independent of any agency relationship.
Damage to the interior or any part of the Apartment resulting
from the maintenance, repair, emergency repair or replacement
of any of the Common Elements or as a result of emergency
repairs within another Apartment shall be a Common Expense
of all of the Owners. If such damage is caused by a negligent
or tortious act of any Owner, members of his family, his
agent, employee, invitee, licensee or tenant, then such
Owner shall be responsible for and liable for all such
damage. All damaged improvements shall be restored to sub-
stantially the same condition in which they existed prior to
the damage. All maintenance, repairs and replacements of
Common Elements, whether located inside or outside of Apartments
(unless necessitated by the negligence, misuse or tortious
acts or an Owner in which case such expense shall be charged
to such Owner), shall be the Common Expense of all of the
Owners.
DESCRIPTION OF CONDOMINIUM UNITS
Contracts Prior to Filing Map. A contract for the
sale of a Condominium unit prepared prior to the filing of
the Map may describe the condominium unit by the number
shown on Exhibit B attached hereto followed by the name
of the condominium project as it appears in the caption of
this declaration.
Description After Map is Filed. Subsequent to the
filing of the Map and recording of this Declaration, every
deed, lease, mortgage, trust deed, will or other instrument
may legally describe a condominium Unit by its Unit Designation
followed by the name of the condominium project as it appears
in the caption of this declaration with further reference to
the Map thereof filed for record and the recorded Declaration.
Every such description shall be good and sufficient for all
purposes to sell, convey, transfer, encumber or otherwise
affect not only the Unit but also the interest in the Corrmon
Elements appurtenant thereto. Said description ~hall be in
the following form:
Condominium Unit ,Lot 8 West Aspen Subdivision
Condominiums, city of Aspen, pitkin County, Colorado,
as shown on the condominium Map therefor and subject to
the Declaration recorded in Book at Page
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TERMINATION OF MECHANICS' LIEN RIGHTS AND INDEMNIFICATION
Mechanics' Liens. Subsequent to the completion of the
improvements described on the Map, no labor performed or
materials furnished and incorporated in a Condominium Unit
with the consent or at the request of the Owner thereof, his
agent, contractor or subcontractor, shall be the basis for
filing a lien against the Condominium Unit of any other
Owner not expressly consenting to or requesting the same, or
against the common Elements. Each Owner shall indemnify and
hold harmless each of the other Owners from and against all
liability arising from the claim of any lien claimant against
the Condominium unit of any other Owner or against the
Common Elements for construction performed or for labor,
materials, services, equipment, or other products incorporated
into the Owner's Condominium Unit at such Owner's request or
with his consent. The provisions of this Article shall not
apply to any labor performed or materials furnished by
agreement of the Owners, or their delegated representatives.
After thirty (30) days written request by any Owner, and
failure of the other Owner to payor indemnify the requesting
Owner of the Unit on which the labor was performed or materials
furnished the amount necessary to discharge any such lien,
including all costs incidental thereto, and obtaining a
discharge of the lien. Such collection shall be made by
special assessment as described hereinafter.
MAINTENANCE RESPONSIBILITY
By The Owner. The Owner shall have the obligation to
maintain and keep clean and in good repair the Apartment
Unit and all appurtenant Limited common Elements. An Owner
shall be entitled to reimbursement for any expenditure
incurred for replacing or repairing of any common Element
and facility damaged through fault of another Owner, his
guests, invitees or tenants, and he shall be entitled to
assess such Owner for such amounts which shall be payable,
collectible, and enforceable in the same manner as other
assessments. No Owner shall alter any Common Element without
the prior written consent of all of the Owners.
Common Elements. The Owners shall jointly maintain and
keep in good repair, as a common expense, all the condominium
property not required to be maintained and kept in good
repair by an Owner of a particular unit. The Owners shall
be jointly responsible for the maintenance or repair of
exterior surfaces of the building, including without limitation,
painting as often as necessary, the replacement of trim and
caulking, the maintenance or repair of roofs, the maintenance
or repair of other co~~on elements, including utility lines,
and other improvements or materials located within or used
in connection with the common elements. The costs of such
maintenance, operation, management and repair shall be borne
equally by the Owners of the individual units in proportion
to their respective fractional or percentage interest in the
Common Elements.
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ASSESSHENTS
Obligation. All Owners shall be obligated to pay an
amount equal to their percentage interest in common elements
of the estimated assessments which they shall jointly determine
to be necessary to meet the common expenses of maintenance,
operation and management of the condominium project. Assessments
shall be based upon the estimated amount of the budget
determined from time to time by all the Owners. The estimated
amount of the budget includes but is not limited to the cost
of maintenance and operation of the common elements; expenses
of management; taxes and special assessments, unless separately
assessed; insurance premiums for insurance coverage as
deemed desirable or necessary; landscaping, care of groundS,
common lighting; repairs and renovations; wages; common
water and utility charges; legal and accounting fees;
management fees; expenses and liabilities incurred under or
by reason of this Declaration; payment of any deficit
remaining from a previous assessment period; the creation of
a reasonable contingency or other reserve or surplus fund as
well as other costs and expenses relating to the general
common expense. The omission or failure of the Owners to
fix or agree upon the assessments for any period shall be
not deemed a waiver, modification or release of the Owners
from their obligation to pay the same.
Apportionments. The percentage of Common Expenses to
be paid by each condominium Owner shall be equal to such
Owner's appurtenant undivided percentage or fractional
interest in and to the Common Elements as set forth in
Exhibit B attached hereto. Declarant shall be considered to
own only the undivided interest in Common Elements based
upon condominium Units which have been completed but not
conveyed by Declarantsor which are retained in Declarants'
ownership for its purposes.
Time for Payment of Assessments. Assessments shall be
due and payable within thirty (30) days after agreement of
the amount thereof by the Owners. Each assessment shall
bear interest at the rate of twelve percent per annum from
the date it becomes due and payable if not paid within
thirty (30) days after such date.
Special Assessments for Capital Improvements. In addition
tc. the periodic assessments authorized by this Article, the
Owners may levy a special assessment, payable over such a
period as the Owners may determine, for the purpose of
deferring, in whole or in part, the cost of any construction,
or reconstruction, unexpected repair or replacement of the
Project or any part thereof or for any other expense or
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purchase incurred or to be incurred as provided in this
Declaration. This section shall not be construed as an
independent source of authority for the Owners to incur
expense, but shall be construed to prescribe the manner of
assessing for expenses authorized by other sections hereof.
Any amount assessed pursuant hereto shall be assessed to
Owners in proportion to their respective undivided interests
in the Common Elements. Notice in writing of the amount of
such special assessments and the time for payment thereof
shall be given promptly to the Owners and no payment shall
be due less than thirty (30) days after such notice shall be
given. A special assessment shall bear interest at the rate
of twelve percent per annum from the date it becomes due and
payable if not paid within thirty (30) days after such date.
Failure of Owners to Agree. In the event the Owners
shall fail to agree upon the amount or time for payment of
assessments as herein provided, either Owner may give thirty
(30) days written notice to the other, demanding arbitration
in accordance with the rules and regulations of the American
Arbitration Association. The Owners shall then submit a
dispute to one or more arbitrators in accordance with the
rules of the American Arbitration Association then .prevailing
and in effect.
Assessment Lien. All sums assessed but unpaid for
the share of Common Expenses or the share of special assessments
chargeable to any condominium Unit shall constitute a lien
on such Condominium Unit superior to all other liens and
encumbrances except (a) tax and special assessment liens on
the condominium Unit in favor of a taxing authority and (b)
all sums unpaid on a first mortgage of record, including all
unpaid obligatory sums as may be provided by such encumbrance.
To evidence the lien as herein permitted, the arbitration
board or any Owner may, but shall not be required to,
prepare a written notice setting forth the amount of such
unpaid indebtedness, the amount of accrued penalty thereon,
the name of the Owner of the Condominium Unit and a description
of the Condominium Unit and record the same in the office of
the county Clerk and Recorder. Such lien for assessment
shall attach from the due date of the assessment. The lien
may be enforced by foreclosure of defaulting Owner's Condominium
Unit by the other Owner in the manner for foreclosing a
mortgage on real property. In the event of any such foreclosure,
the Owner shall be liable for the amount of unpaid assessment,
interest, any penalties thereon, the cost and expenses of
such proceedings, the cost and expense for filing the notice
of the claim and lien and all reasonable attorneys' fees in
connection therewith. The Owners shall have the power to
bid on a Condominium Unit at foreclosure sale and to acquire
and hold, lease, mortgage and convey the same. Any Mortgagee
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holding a lien on a Condominiun Unit, may, but shall not be
required to, pay any unpaid assessment payable with respect
to such Unit and any and all costs and expenses with respect
thereto, and shall become the assignee of the lien on such
Unit for the amounts paid with the same priority as the lien
of the mortgage.
First Mortgage Not Liable for Assessments. In the
event any First Mortgagee obtains title to a Condominium
Unit pursuant to the remedies provided in the mortgage or by
foreclosure or by accepting a bona fide deed in lieu of
foreclosure, such First Mortgagee shall not be liable for
unpaid assessments against such Unit which accrue prior to
the acquisition of title to the unit by such mortgagee.
Personal Obligation. The amount of any assessment
chargeable against any Condominium unit shall be a personal
and individual debt of the Owner thereof, but shall be
limited to the proportionate share of such assessments as
determined by the percentage or fractional ownership in the
Common Elements. No Owner may exempt himself from liability
for the assessment by abandonment or waiver of the use or
enjoyment of any of the common Elements. Suit to recover a
money judgment for unpaid common Expenses plus interest and
expenses, including attorneys' fees, shall be maintainable
without foreclosing or waiving the assessment lien provided
herein.
Notice to Mortgagee. The Owners shall report to any
Mortgagee of a Condominium Unit any unpaid assessments
remaining unpaid for longer than sixty (60) days after the
same shall have become due if such Mortgagee first shall
have furnished to the Owners written notice of the mortgage.
Waiver of Homestead Exemption. By accepting a deed to
a Unit, each Owner shall thereby waive and release any and
all rights and claims said Owner may have in and to the Unit
as a homestead exemption or any other exemption; said waiver
and release to be applicable only in an action to foreclose
an assessment lien.
statement of Status of Assessment Payment. Upon ten
(10) days written notice and payment of a reasonable fee not
to exceed $25.00 and upon the written request of any Owner,
Mortgagee, prospective Mortgagee, or prospective purchaser
of a Condominium Unit, the other Owner shall issue a written
statement setting forth the amount of the unpaid assessments,
if any, with respect to such Condominium Unit. Unless such
statement shall be issued (which shall include posting in
the united States mails) within twenty (20) days, all unpaid
assessments which became due prior to the date of making
such request shall be subordinate to the lien of a Mortgagee
which acquired its interest subsequent to requesting such
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statement. If the request is made by a prospective purchaser,
both the lien for the unpaid assessment and the personal
obligations of the purchaser shall be released automatically
if the statement is not furnished within the twenty (20)
days period provided herein and thereafter an additional
written request is made by such purchaser and is not complied
with within ten (10) days and the purchaser subsequently
acquires the Condominium unit.
Personal Liability of Purchaser for Assessments.
Subject to the provisions of the foregoing paragraph, a
purchaser of a Condominium unit shall be jointly and severally
liable with the seller for all unpaid assessments against
the condominium Unit up to the time of conveyance to purchaser,
without prejudice to purchaser's right to recover from the
seller the amount paid by the purchaser for such assessments.
Assessment Reserves. Each Owner, other than Declarant,
may be required to deposit and maintain with a mutually agreed
upon banking depository an amount equal to up to three times
the amount of the estimated monthly assessments to be held
without interest, which sum shall be used by the Owners or
Managing Agent as a reserve for paying such Owner's assessments,
for purchase of equipment, supplies and for working capital.
Such advance payment shall not relieve an Owner from making
the regular payments of assessments as the same become due.
upon the sale of a Condominium Unit, an Owner shall be
entitled to a credit from his grantee for any unused portion
thereof.
RESTRICTIVE COVENANTS AND OBLIGATIONS
USE OF CONDOMINIUM UNITS
No Unauthorized Additions, Alterations or Decorations.
Except for those improvements erected cr installed by Declarant,
and except as provided herein, no exterior additions, altera-
tions or decorations of any kind to the Building, walls and
other structures shall be commenced, erected or maintained
without the prior written approval of the other Owners as to
conformity and harmony of external design and location with
existing structures in the project. No buildings or structures
shall be moved from other locations on to the premises and no
improvements other than those depicted on the Map shall be
erected or constructed on the Property. No structures of a
temporary character,trailer, basement, tent, shack, garage,
barn, or other outbuilding shall be used or permitted to be
kept or stored on any portion of the premises at any time,
either temporarily or permanently.
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Use of condominium Units. No immoral, improper,
offensive or unlawful use shall be permitted or made of the
condominium property or any part thereof. All valid laws,
ordinances and regulations of all governmental bodies having
jurisdiction over the project shall be observed.
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No animal pens, sheds, fences or other outbuildings or
structures of any kind shall be erected by any Owner. No
activity shall be allowed which interferes unduly with the
peaceful possession and proper use of the property by its
Owners, nor shall any fire hazard or unsightly accumulation
of refuse be allowed. No lights shall be emitted which are
unreasonably bright or cause unreasonable glare; no sound
shall be emitted which is unreasonably loud or annoying; and
no odor shall be emitted which is nauseous or offensive to
others. No animals, birds, insects, or livestock of any
kind shall be raised, bred, or kept on or in the property
except a reasonable number of domesticated dogs, cats, or
other household pets which do not unreasonably interfere
with the use and enjoyment of the property by others.
The Owner of each Condominium Unit covenants and agrees
not to engage in or permit any activity or condition as
would cause a termination of or increase in the premium for
insurance.
INSURANCE
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Comprehensive General Liability and Property Damage
Insurance. Comprehensive general liability and property
damage insurance shall be purchased by the Owners and shall
be maintained in force at all times, the premiums thereon to
be paid by the Owners as a common Expense. If Declarants
pay the premium it shall be entitled to reimbursement from
the Owners. The insurance shall be carried with reputable
companies authorized to do. business in the State of colorado
in such amounts as the Owners may determine. The policy or
policies shall name as insured all of the Owners. Declarants
shall be named as an additional insureds on such policy or
policies until such time as Declaran~ shall have conveyed
all the Condominium Units in the Project. The policy or
policies shall insure against loss arising from perils in
both the common areas and the Units and shall include contractual
liability coverage to protect against such liabilities as
may arise under the contractual exposures of the Owners.
Such insurance shall be for such amounts of coverage as the
Owners may determine from time to time to be appropriate.
Fire and Hazard Insurance. Fire and other hazard
insurance shall be purchased by the Owners and shall thereafter
be maintained in force at all times, the premiums thereon to
be paid by the Owners as a Common Expense. policies shall
provide for a standard noncontributory Mortgagee clause in
favor of each First Mortgagee whether or not named therein,
and shall provide that the policy cannot be cancelled by
either the insured or the insurance company until after ten
(10) days' prior written notice to each Owner and each First
Mortgagee. The policies shall also provide that the interest
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of each First Mortgagee in the insurance shall not be invalidated
by any action or neglect of the Owners or their tenants or
agents. The policies shall further provide for waiver by
the insurer of any policy provisions which would render the
Mortgagee clause invalid by reason of failure of the Mortgagee
to notify the insurer of any hazardous use or vacancy in any
Building and any requirement that the Mortgagee pay the
premium thereon. The policy or policies shall insure
against loss from perils therein covered to all of the
improvements in the Condominium Project, except such as may
be separately insured. Such policy or policies shall contain
extended coverage, vandalism and malicious mischief endorsements.
The improvements to be insured under this clause shall be
continually insured to value, and the policy or policies
shall contain replacement cost insurance. If reasonably
available, the policy or policies shall contain a stipulated
amount clause, or determinable cash adjustment clause, or
similar clause to permit a cash settlement covering specified
value in the event of destruction and a decision not to
rebuild. The policy or policies shall name as insured all
of the Owners, and the Declarants, so long as Declarants are
the Owners of any of the condominium Units in the Project.
The policy or policies shall also cover personal property
owned in common and shall further contain a waiver of subrogation
rights by the carrier as to negligent Owners. If Declarants
pay the premium for said policy or policies, it shall be
entitled to reimbursement from the Owners.
No Individual Fire Insurance. Except as expressly
provided, no Owner shall separately insure his condominium
or any part thereof against loss by fire or other casualty
covered by the insurance carried under the preceding paragraph.
Should any Owner violate this provision, any diminution in
insurnce proceeds resulting from the existence of such other
insurance and/or failure to have the proceeds of such insurance
payable pursuant to the provisions of the preceding paragraph
shall be chargeable to the Owner who acquired such other
insurance, who shall be liable to the other Owner to the
extent of any such diminution and/or loss of proceeds. Such
liability may be enforced as a special assessment.
Owner's Personal Liability and Property Insurance. An
Owner may carry such personal liability insurance, in addition
to that herein covered, as he may desire. In addition, any
improvements made by an Owner to the real property within an
Apartment Unit, as well as the personal property of the
Owner, may be separately insured by such Owner, such insurance
to be limited to the type and nature of coverage, often
referred to as "Tenant's Improvements and Betterments." All
such insurance separately carried shall contain waiver of
subrogation rights by the carriers as to negligent Owners.
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Other Insurance. The Owners may purchase and maintain
in force as common Expense, debris removal insurance, fidelity
bonds, and other insurance or bonds as they deem necessary.
The Owners shall purchase and maintain Workmen's Compensation
Insurance to the extent that the same shall be required by
law respecting employees.
CASUALTY
cost Estimate. As soon as practical after an event
causing damage to, or destruction of, any part of the Project,
the Owners shall obtain estimates that they deem reliable and
complete of the cost of repair or reconstruction of that
part of the Project damaged or destroyed.
Insurance Proceeds Sufficient to Repair. In the
event that proceeds from insurance coverage are sufficient
to cover the cost of repair or construction after a casualty
pursuant to the estimate of costs obtained by the Owners, then
such repair or reconstruction shall be promptly performed by
the Owners.
Insurance Proceeds Insufficient to Repair. If insurance
proceeds are insufficient to repair or reconstruct the
damaged or destroyed condominium Property, the following
provisions shall govern:
(1) Partial Damage. For the purposes of this
section total damage or total destruction is defined as such
damage or destruction as to render, in the judgment of the
Owners all of the Apartment Units in the condominium Building
untenantable. Any damage or destruction less than total
destruction as so defined is partial damage for the purpose
of this section. Any partial damage to the Condominium
property, whether insurance proceeds shall be sufficient to
cover the same or not, shall be repaired as promptly as
possible under the direction of the Owners and any cost of
such repair or reconstruction in excess of insurance proceeds
available shall be assessed against all owners as a Common
Expense. In the further event that Declarants elect not to
provide the amount of such deficiency, the Owners shall convene
a meeting which shall be held as reasonably possible after the
date of the casualty for the purpose of determining whether
or not the repair or reconstruction should be done.
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(2) Total Destruction. In the event of total destruction
of the condominium Building, as defined in subparagraph (1)
above, and the further event that insurance proceeds are
estimated to be insufficient to repair and reconstruct in
the judgment of the Owners and the further event that Declarants,
their successors or assigns elects to provide the amount by
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which the insurance proceeds are estimated to be insufficient
to repair and reconstruct, then such repair or reconstruction
shall be promptly performed by the Owners.
In the event of total destruction of the Condominium
Building as defined in subparagraph (1) above, and the
further event that insurance proceeds are estimated to be
insufficient to repair and reconstruct in the judgment of
the Owners and the further event that Declarants elect not
to provide the amount of such deficiency, the Owners and
First Mortgagees shall meet as soon as reasonably possible
after the date of the casualty for the purpose of determining
whether or not the repair or reconstruction should be done.
If all the Owners and all First Mortgagees shall agree
to adopt a plan for reconstruction, then all Owners shall be
bound by the terms and provisions of the plan. Any necessary
assessment made in connection with the plan shall be a
Common Expense and charged as an assessment to each Owner
during the course of reconstruction at the times deemed
necessary or desirable by the Owners. Any such assessment
shall be an obligation of each Owner and a lien on such
Owner's Condominium unit shall be enforced and collected as
a Common Expense. If all of the Owners and all First Mortgagees,
fail to approve a plan for reconstruction within six months
from the date of the casualty, the entire remaining Condominium
Property shall be sold by the Owners free and clear of the
provisions contained in this Declaration and other Condominium
Documents. In such case, the insurance proceeds payable as
a result of the casualty and the sales proceeds, if any,
shall be apportioned between the Owners on the basis of each
Owner's appurtenant interest in and to the common Elements
as specified in "Exhibit B" attached hereto, and such apportioned
proceeds shall be paid into separate accounts, each account
representing one Condominium unit. The funds shall be used and
dispersed out of the separate accounts without a contribution
from one account to another as follows:
(i)
in favor
sale;
For payment of taxes and special assessment liens
of any assessing entity and customary expenses of
(ii) For payment of the balance of the lien of any
First Mortgage;
(iii) For payment of unpaid Common Expenses and all
costs, expenses and fees.
(iv) For payment of junior liens and encumbrances in
order and to the extent of their priority; and
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(v) The balance remaining, if any, shall be paid to
the Condominium Unit Owner.
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OBSOLESCENCE
Renewal and Reconstruction. The Owners may agree that
the Condominium Property is obsolete and adopt a plan for
the renewal and reconstruction which plan has the unanimous
approval or consent of every first mortgagee of a Condominium
Unit. If a plan for the renewal or reconstruction is adopted,
notice of such plan shall be recorded, and the expense of
renewal and reconstruction shall be payable by all of the
Owners as Common Expenses.
Sale of Property. The Owners may agree that the
Condominium property is obsolete and that the same should be
sold. In such instance, the Owners shall forthwith record
a notice executed by them setting forth such fact, and upon
the recording of such notice the Condominium Property shall
be sold by the Owners free and clear of the provisions
contained in this Declaration and other Condominium Documents.
The sales proceeds shall be collected, apportioned and dis-
bursed in accordance with the procedure set forth in the
section hereof concerning distribution in the event of total
destruction and sale of the property.
CONDEMNATION
consequences of condemnation; Proceeds. If at any time
or times during .the continuance of the condominium Ownership
pursuant to the Declaration, all or any part of the Project
shall be taken or conde~~ed by any public authority or sold
or otherwise disposed of in lieu of or in advance thereof,
all compensation, damages or other proceeds therefrom, the
sum of which is hereinafter called the "condemnation Award,"
shall be payable to the Owners as their interests may appear.
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 thereof, the condominium Ownership
pursuant hereto shall terminate. The condemnation Award
shall be apportioned among the Owners in proportion to the
respective undivided interest in the Common Elements, provided
that if a standard different from the value of the Project
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.
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On the basis of the principle set forth in the last
preceding paragraph, the Owners 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 this Declaration in the event of total
destruction of the improvements and sale of the property.
Should the Owners be unable to agree as to the division of the
award, the matter shall be submitted to an arbitrator under
the applicable rules and regulations of the American Arbitra-
tion Association.
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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 Condo-
minium Ownership hereunder shall not terminate. Each Owner
shall be entitled to a share of the Condemnation Award to be
determined in the following manner: (a) As soon as practicable
the Owners shall, reasonably and in good faith, allocate the
condemnation Award between compensation, damages, or other
proceeds, and shall apportion the amounts so allocated to
taking of or injury to the Common Elements and shall be
apportioned among Owners in proportion to their respective
undivided interests in the Common Elements, (b) the total
amount allocated to severance damages shall be apportioned
to those Condominium Units which were not taken or condemned,
(cl 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 amount allocated to consequential
damages and any other takings or injuries shall be apportioned
as the Owners determines to be equitable in the circumstances.
If an allocation of the Condemnation Award is already established
in negotiations, judicial decree, or otherwise, then in
allocating the Condemnation Award the Owners shall employ
such allocation to the extent it is relevant and applicable.
Distribution of apportioned proceeds shall be made by checks
payable jointly to the respective Owners and their respective
Mortgagees. In the event the Owners are unable to agree the
dispute shall be submitted to the American Arbitration Associa-
tion for arbitration.
REVOCATION OR AMENDMENT OF DECLARATION
Revocation. This Declaration shall not be revoked
unless all the Owners and all the holders of any recorded
first mortgage covering or affecting any or all of the
Condominium Units unanimously consent and agree to such
revocation by instrument(s) duly recorded.
Amendment. This Declaration shall not be amended,
except as otherwise herein provided, unless all the Owners
and all of the holders of any recorded first mortgage covering
or affecting any or all Condominium units unanimously consent
and agree to such amendment by instrument(s) duly recorded.
GENERAL PROVISIONS
Mailing Address. Each Owner shall provide the other
Owner with his current mailing address, and all notices,
demands and statements shall be sent by regular United
States Mail, postage prepaid, addressed in the name of the
Owner at such registered mailing address.
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Compliance with Provisions. Each Owner shall cGmply
strictly with the provisions of this Declaration. Failure
to comply with any of the same shall be grounds for an
action to recover sums due for damages or injunctive relief
or both, maintainable by an aggrieved Owner.
Reference to Ownership Interests. Wherever in this
Declaration reference is made to a specific percentage or
fractional interest of Owners, such reference shall be
deemed to mean the total aggregate appurtenant interests in
and to the Common Elements as reflected in Exhibit B attached
hereto and shall not be deemed to mean a percentage of
Owners by number of individual persons, partnerships, corporat~on
or other entities.
Severability. If any of the provisions of this Declaration
or any paragraph, sentence, clause, phrase, word or section,
or the application thereof in any circumstance is invalidated,
such invalidity shall not affect the validity of the remainder
of this Declaration, and the application of any such provision,
paragraph, sentence, clause, phrase, word or section in any
other circumstances shall not be affected thereby.
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Terminology. Whenever used herein, unless the context
shall otherwise provide, the singular number shall include
the plural, the singular, and the use of any. gender shall
include all genders.
State Law.
be in addition and
Act of the State of
State of Colorado.
The provisions of this Declaration shall
supplemental to the Condominium Ownership
colorado and to all other laws of the
Period of condominium Ownership. The condominium
Ownership created by this Declaration and the Condominium
Map shall continue until this Declaration is revoked or
until terminated by casualty, obsolescence, or condemnation.
IN WITNESS WHEREOF, Declarant has duly executed this
Declaration this day of , 1979.
LOT 8 WEST ASPEN SUBDIVISION CONDOMINIUMS
By:
Marilyn G. Beer
Barbara Zangger
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STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The
foregoing instrument was acknowledged before me
day of , 1979 by Marilyn G.
Barbara Zangger.
this
Beer and
witness my hand and official seal.
My commission expires:
Notary Public
(S E A L)
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EXHIBIT A
DESCRIPTION OF PROPERTY
Lot 8, West Aspen Subdivision
Filing No. I-A
City of Aspen, County of pitkin, State of Colorado
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Unit 1
Unit 2
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EXHIBIT B
LOT 8 WEST ASPEN SUBDIVISION CONDOMINIUMS
PERCENTAGE OWNERSHIP
50% interest of Lot 8 West Aspen
Subdivision Filing No. I-A is
owned by Barbara Zangger.
50% interest of Lot 8 west Aspen
Subdivision Filing No. I-A is
owned by Marilyn G. Beer
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MEMORANDUM
RE:
Richard Grice, Planning Office ~
Louis Buettner, Engineering Departme~
Beer/Zangger Subdivision Exemption, Lot 8, Filing 1,
West Aspen Subdivision
TO:
FROM:
DATE:
October 1, 1979
After having reviewed the survey plat for the above subdivision
exemption and having made a site inspection, the Engineering
Department recommends that the subdivision plat be completed
with the fOllowing:
1. Date of survey
2. complete the legal description by adding the term "filing 1"
to the description
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3. Locate the existing structure with ties to property lines
4. Locate exi~ting fences
5. Locate irrigation ditch, if located on lot
6. Put road (right-of-way) width on plat
7. Add City of Aspen as unplatte~property (golf course)
southerly of lot.
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In general, thE' condominium map should be completed.
The Engineerins Department recommends aJ;..proval for the above
subdivision exemption subject to the owner/applicant having
the above conditions corrected on the subdivision exemption plat
(condominium mc.p).
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TIlE ST~lli OF mWRAOO
mUi\TY OF PITKIN
LEASE AGREEftJ\ENT
".--, If /1 L 11 hi
._~GRE~l\~;; OFl;icE m~e this ,) _ I day ol-O;Y" -::;> 19, , ~ by an;! between .,-,;iK6}N<'
2,'i.'v:,a."'-L e:: u i1:J.e~ Ib f"K17 ,',T2- I})X ,,&,?t- ~,y'h CJo, ((;(,; II Apactm,ot;,
herei"Z;"'lIed Le"~r, and (;(~U 1<" II/},,<:::I/OZ 1."O;=. '1/I'hH' /kl~vn ('",/0 ,p1".;1
here:!lafter culled le8see. / /
WITNESSETH:
I. LESSOR-
Les30r does hereby rent an~ lea3e~nto LeB~e that c~in ~~~!:e'.t u~r~rnished Jscratch one outl apartment designated a~
''<1,.",,,,,,.t located..8'7'? II' I'f'e'd !2Jlle- (;)ou.:.. i ;jS(J,>/J, (0 ' _d
Connty of Pitkin. State of Colorado (hereinafter eefecr,ed to 8S "Apartment"" for It term of 7';/(ir'lC"N-I/11 j.
mont!lS,commencing -y!/f)' 19Zfandending %,/3/ 19-2$., -
2, RENI'AL-
For and during the term of this lease, Lessee covenants and agrees to pay rental in the amount of $
600cP
(weekl;-
(.~
(monthly ,
in advance, the first rental installment being due: ~I ~ 19 1 f. Rental installments shall be payable at the office of the man~er on th~
premises DC at such other place as the Lessor may designate in ",Titing. Occupancy by the.I..esaee after execution of this lease but prior to the beginning dato>
hereof shall be on the same tenns and conditions as herein provided, and rental for such period shall be prorated.
3. DEPOSIT-
/!.
-'l '1J c~
Concurrently with the execution of this lease agreement, Lessee is depositing with Lessor the sum of $ _:>/::J U as security to Lessor ror the
performance of the covenants of this lease by the Lessee to be kept and performed; and provided Lessee shall not default in performance of
Le8see's covenants said deposit shall, upon the expiration of this lease, he refunded to the Lessee. H Lessee shall default in the performano:::e of
lessee's covenants hereunder, then and in such eventand without waiving any other legal rights or remedies available to Lessor, said depo~it or
so much thereof a..'I may be required shall be by Lessor applied toward satisfaction of the damage suffered by Lessor as a result or such default of
the Lessee.
Should Lessee V8_catt> at any time, witho~t giving the Lessor thirty (30) days "'Titlen notice of intent to move, or should Lessee vacale at an y
time prior to the termination date of this lease, security deposit will be forfeited to Lessor.
4. mVENANTS OF THE LESSOR-
Lessor covenants with the Lessee that Lessor mH, without cost to the l.cssee:
(a I Furnish- utiliti-e~ exr.::ept.-k>le.phg.n6raml~othe~utiJity-hel'ein--requi;edto be.pai.d-hy-l.es~ee-_
\ I Keep and maintain the Apartment in good repair; provided, however, that the cost of any repairs to the Apartment, Apartment Hou~ or premi;~~.
required because of negligence of the l.esaee,l€ssee's servants, employees, agents, gue>lts, visitON. or inviteffl, shall be paid for by the J..e.;Si?1.>.
5. mVEX\.\'IS OF 'mE LESSEE-
1be I.c3see does hereby covenaut and agree ",ith the Lessor that Lessee.will:
lsl Pny ;)aid rental at the times and place and in the mwmer hereinabove provided.
lbl Use and occupy said premises for residential purposes only and in a careful and proper manner, and permit no person to occupy ~aiJ
Apnrtmentc.ther than the persons whose names are hereinafter designated as Lessees.
lc.1 Not commit \,,'8!:lle nor use or occupy said Apartment for any unlawful p11IJ>08e8j not commit or pennit any act disturbing or annoying to other le~-,ee~
or any nu.iswIce; and obey all present and future laws and ordinanres.
tJI Not 8.53ign this lea...qe or wlderletsaid premises nor any part thereof without written consent of the Lessor.
tel Nlt make any repairs, alterations or improvements to the said premises without the prior consent of the Lessor in writing; provid:>d,
however, that if such consent be given by the Lessor, all such improvements shall be and remain the property of the Lessor and not removable bv
the Lessee, with the exception of draperies installed by the lessee which may be removed by the Lessee. '
If) I'bt erect television or radio antenna upon the roof or elsewhere.
(g J leave the premises at dIe expiration and termination of this lease, clean and in good condition as received excepting reasonable wear and
tear.
(hI Pennit ~r to enter said Apartment for the pUl"pOtle of inspection and to make necesaary repairs; and permit ~or, beginning thirty f30) d3.~'3
prior to the tennmation of this lease, to enter said Apartment at reasonable times to display same.
(if N>t permit animals or pets of any kind to be kept or taken into the said premises without VtTitten permission of Lessor.
/j) LeSi:lee shall see to it that the windows to the said premises are closed tightly when itrwng or snows and shall reimbur~e Lessor promptly
for any expense of painting, plastering or repair of any character resulting from neglector careles:mess in this respect.
6, GEl'\ERAL CDVENAj\~
(n) All pereonal property of Lessee or other persons placed in said Apartment. any storeroom, any other portion of said Apartment Hou3e or
the garage, or on driveways, or elsewhere, on Lessor's premises, shall be at the risk of the Lessee or the parties O\....ning swne, and the LeS3Gr :ihall
not be liable for the loss, dwnage, destruction, thelt of, or injury to such property. Lessee ngrees to give Lessor prompt notice of an)' deC ect~ in or
accidents to the water pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
Ibl Li'ssor shall not be liable to Lessee or any other person for dwnages or injury resulting from the temporary failure of the plectric, water,
gll3 or elevator service, or of the heating or air conditioning equipment in said Apartnient House or from fl'ilures or breakdowns oC any ap-
pliance.
(cJ If any employee or agent of Lessor shall at the request of Lessee render any service or do any act for or on behalf of or at the direction af
the Lesaeee, which act or service ia not required by the terms ot this lease to be rendered by Lessor to lessee, then in any and all such cn;e; su:.'.h
employee or agent of lessor shall not be acting as the employee or agent of lessor, but wholly as the agent of Lessee, and Le3sor shall not b~
liable in an)' manner whal:.6oeverfor damage to property or injury or death to persons arising out of or in connection ",ith the performance or !tny
such Ben1ce or the rendering of any such act.
(dl u&'Orl'lhall not be liahleto Lesaeeor Lessee's888ignee (if Les..'lOrshall in writing perrnit assigmnent of this lease I. or to any member or the Camily, any
employee, agent, visitor, or invitee of ~ or such assignee for any loes or damage, including water damage, to property, or injury or death to per;"'ni.
occuring in t.'-1e lea...ro Apartment or in the Apart:lnl>...nt House wherein such Apartment is located, or in, on, or at the garage or on the dri\'ewa}'~ or grounr1~ .Il
eaiq Apartment Hou:'-e, or on adjacent sidewalks or streets, caused by or due to or arising out oi the acts, omissions or neglect of the Le;see or Le5iee'-,
8~signee5, or the RClS, omissions or neglect of any other tenant of any apartment in suidApartment House, or ot any other person, find
L~s~pe and Lessee's as!'Oignee shall hold Le~llor harmless from any and all such claims, including cos~ and attorney's fee:>.
kJ II; the ev~nt AlJartmentis partiblly damaged or reildered partially unfit for occupancy by firi!, tornado or other cn~ullltr. Le33t'~
ehall give immediate notice to Lessor, who shall thereupon repair the damage and restore said Ap_artment to substantiall}' it.. condition
immediately prior to the happening of such casualty. Lessor shall allow Les.'1ce a fair diminution of rental during the time said Ap!lrt-
ment i.3 partially unlit for occupancy. In the event Apartment or the Apartment House is totally destroyed or rendered \\'holly unCit for
occupancy by fire, tornado or other casualty, and the Les30r shall not, within thirty days after such casualty. elect to restore same, thii
)e-a,.~ shall terminate and the rental shall be paid to the time of such destruction or casualty, and, if l..essee he not then in default, [h~
security deposit referred to in Section 3 shall be returned to the Lessee; but if Lessor shall within slIch thirty-day period elect to re~t()re
same, Lessor shall thereupon proceed to restore same al1d this lease shall not terminate, but rent hereunder "hall be suspended from the
time of such ca...ualty until the Apartment is ready for occupancy, ~thinK herein contained shall release or relieve Legsee of liability t~
u6sor if !l11ch fire or other crumalty shall be the relmItof the negligence of the Lessee, member3 of the Lessee's family, Lessee\! servant.~,
emnlovee:>. a,2'ents. llUe:lts or invitees.
--
Win case of default by the Lessee in the perforrn.ance of any promi~. covenant or agr~ment i:1 this le.a<>e, u.8.'IOr may enforce the performance of ,hi..
lea3e in any manner provided by law and this lease may be forfeited at l.e&lor's discretion if such default oontinues for a period of three '3) da)'~ after Lp,BJr
TXJtifies said Lessreof such default and lesaor's intention to declan' me lease forfeited. 5ll.ch notice to be sent by the lessor by mail or otherwi~~ to the ~!li:l
Apar..rnent: and at the end of said three-day perie<! {unless the I...ess.ee &tall ha',e compld.ely removed or ClU'ed said df'laultl, this lease shall ceac;e an:! r3m~
to an end as if that were the day originally fixed herein for the expiration of the term hereof. and U&."Or, its agent or attorney, shall have the right. with.)ut
further nr.tice or demand, to re-enter said Apartment and lessee's storeroom and remove all persons and Lessee's property therefrom without being deem",]
~U:lty o! any :TImmer of trespa38. and without prejudice to uny rem~....iE'S fnr ll.lTI"P1:"S ('f rentHl or bre.aeh of ('{)vpn9nt; (lr f.r,qsor, it~ Hgent or at!(lrf1~y, m~y
resume p:~,.,ion of such premi5eSund re-Ietth<! 8.''inle Cor the relllHindp.T of the teml nt the bei;t rental Le,oor, it'! ngent or nttnmey, may obtain, hr aCC:lllnt
of the k.;'8~ ,\'l-iO'shall makegood nny deficiency; and the Lcsf,or shall have a lien as security for the rental aforesaid uJX>n all the g0003, ware~. r:hnttd"
Cixt~fuFrUture, and other perBOOW property which are or may he put in the !:W.id Apartment or in Lessee's storeroom in the Apartmpnl Hau,\:" H, ~m
aCCOWlt of breach or ~faull by Lessee of any of l..essee's obligations hereunder, it shall become ne(~ for Ule Lessor to employ an attorney to enforce ::If
defend any of LesdOr's rights or remedies hereunder, then, in any sucl) event, .e.ny reasonable amount incurred by Les.~r re3 attorney's fees shall be> p!li:i by
I~. All pa~t due rent shall bear interest at the rate of six pereent (6%) per annum.
i~d In the e....ent the Lessee shall become bankrupt or shall make a voluntary a'lgignment for the benefit of creditors, or in the e....ent that a
receiver of the Le~see shall be appointed, then, at the option of the Lessor and upon five (5) days' notice to the Lessee of the exerci"e of mch
option, this \(>8.3e shall cease and come to an end. ...<'
lh l Any holding o~r.-bYLessee alter the expiratil).B"(iI the term of this lease 8h~mtitute 8 periodic tenancy u,pen the convenanl'O ancl
conditions herejp..-p'rovided, for successive tern:.~al to the period covered b~:'p"zkh rental installment. at the ra!..eAJf$_h..-eekly----iemi.
monthly---monthly I.
Ii I Lessee agrees that Lessee \\-ill abide by all reMonable rules and regulations, not contrary to the express _ provision of this leA3e, which I..e>.sor
may promulgate from time to time for the protection of the building, for the orderly, quiet and dignified operation of the Apartment Hou'ie, or
for the general welfare of Lessor's tenants as a whole, and which, in Lef:l50r'S judgment,may he necessary for the safety End c1eanlineH or tho>
Apartment House, or for the preservation oC order, quiet and dignity in the building or on the grounds, or for the general interest of Le"~or'"
teJHlnt'l as a whole.
lj ) ~;Lid Le~ <lgr~ that all additions and improvements added to or made upon said premises by LeBSee shall at once become the property of the Le~Dr
nnd be surrendered to it upon temtination of th~ lease in any manner, but this paragraph shall not apply to the movable property and furniture of the Le:w;'",.
lkllI the l...c&.ee shall fail to remove all effects from Mid premises upon termination of this lease for any C8U5e whatsoever, the Lessor may at it~ option
remove the &lIlle in any manner that the Lessor shall chooae and store said eHects ....ithout liability to the I...essee, for loss thereof, and the Le~see agr~e3 to pay
the Lc-,.;;.or on demand any and all expenses incurred in such removal, including court coats and attorney's fees and storage charges on 5ueh effe,~t:l for any
lenKlh of time and same shall be in the Lessor's ~ion, or the Lessor may at it'3 option \Yithout notice sell said effects or any part of the same at privat:>
sale and without legal pr~ fur such price as the Lesaor may obtain and apply the proceeds of such sale upon any amounts due under thislea-,e from Ih",
Lcs.."ee to the ~ and upon the experne incident to the removal and sale of said effects.
U J Other Provisions Applicable and a part of this lease:
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L.ESSEE lAB adult OCCUPlUlts must sign.
P.,rents list the names of all children. I
,......
THE STATE OF mWRAOO
mUNTY OF PITKL"I
LEASE AGREEl\,AENT
.A
AGREElVlENr OF LEASE made this ;2 0 day of S /31' TF",8F-1I
cLa-J3arI:y Tpfknwih" J>ny 1(;4, )\<;ppn, ('n
hminalter called Lessor, and A 1:= e 0 L 5 /.- ~ T '/3/11
hereinRfter culled Lessee.
19,;~
, by and between Barbara Zangger,
Apartment~.
::2.37 / /75 PeN Co
!30X
WITNESSETH:
1. LESSOR-
as is
Lessor does hereby rent and lease unto Le~see that certain furni8hed~ (scratch one out) apartment designated !H
~ located a' 845 N. Red Butte Drive, Aspen, Co.
County of Pitkin, State of Colorado (hereinafter referred to 88 "Apartment"). for 8 term of 12
months,commencing 10/01 I 9.28. and ending 9/10 19.19......., '
2, RE"-TAL--
For and during the term of this le8se. l.essee covenant! and agrees to pay rental in the amount of $ 600.. 00
(00!idlC
I~
(monthly
in advance. the first rental installment being due: 10/01 19~. Rental installments shall be payable at the oUice of the manager on the
premises or at such other place as the lessor may designate in writing. Occupancy by the l..e9see after execution of this lease but prior to the begi"nning dat~
hereof shall be on the same t.enns and conditions 88 herein provided, and rental for such period shall be prorated.
3. DEPOSIT-
Concurrentiywith the execution of this le8!e agreement, Lessee ia depositing with Lessor the sum of $ :?sn as security to Lessor for the
performance of the covenants of this lease by the Lessee to be kept and performed; and provided Lessee shall not default in performance- ol
Lessee's covenants said deposit shall, upon the expiration of this lease, be refunded to the Lessee. H Lessee shall default in the performance ol
Lessee's co....enants hereunder, then and in such event and without waiving any other legal rights or remedies available to Lessor, said depo~it !)r
so much Ulereof as may be required shall be by Lessor applied toward satisfaction of the damage suffered by Lessor 88 a result of such derault af
the Lessee.
Should Lesl5ee vacate at any time, witho~t giving the Lessor thirty (30) days written notice of intent to move, or should Lessee vacate at any
time prior to the termination date of this lease, security deposit will be-forfeited to Lessor.
4, mYEI",\.'\TI OF TIlE LESSOR-
Le5~or covenllIlt3 with the Lessee that Lessor ""ill, without cost to the Lessee:
fal}....".:'
(J K~p and maintain the Apartment in good repair: provided, hov.-ever, that the coet of any repairs to the Apartment, Apartment Home or premi,e,.
n'quired beC8lL~of negligence of the Leseee, Lessee's servants, employees, agents. guests. visitors, or invitees. shall he paid for by the Lessee.
5. mVEMI\TS OF TIlE LESSEF~
'file Leil~ee does hereby covenant and agree with the lessor that lessee will:
(OIl Puy said rental at the times and place and in the manner hereinabove provided.
(IJllJse and occupy said premises for residential purposes only and in a careful and proper manner, and permit no person to occupy ~aid
Aparunent other than the persons whose names are hereinafter designated as lessees.
Icl Not commit waste nor use or occupy said Apartment for any unlawful purposes; not commit or permit any act disturbing or annoying to other leHee~
or any nuisance; and obey all present and future laws and ordinances.
(dJ Not assijm this lea.~ or undt>rlet said premises nor any part thereof without written consent of the Lessor.
fel N:lt make any repairs, alterations or improvements to the said premises without the prior consent of the Lessor in writing; provided,
however, that if such consent be given by the Lessor, all such improvements shall be and remain the property of the Lessor and not removable by
t.1.e Lessee, with the exception of draperies installed by the Lessee which may be removed by the Lessee.
(f I N>t erect television or radio antenna upon the roof or elsewhere.
(gl Lea....e. the premises at the expiration and termination of this lease, clean and in good condition 85 received excepting reasonable wear and
tear.
,hI Permit Lessor to enter said Apartment for the purpoee of inspection and to make neceMary repairs; and permit Lessor, beginning thirty (30) day,
prior to the termination of this lease, to enter said Apartment at reasonable times to display 88me.
li) Nlt permit animals or pets of any kind to be kept or taken into the said premises without "Titten permission of Lessor.
(j I Ledaee shall see to it that the windows to the said premi8es are closed tightly when it rains or snows and shall reimburse Lessor prompt! \"
for any expense of painting, plastering or repair of any character resulting from neglect or carelessness in this respecL .
6, GENERAL mVENANrS-
la) All penwnal property of Lessee or other persons placed in said Apartment, any storeroom, any other portion of said Apartment Hou~e or
the garage, or on drh:eways, or elsewhere, on Lessor's premises, shall be at the risk of the Lessee or the parties owning same, and the Lessor shall
not be liable for the loss, damage,destruction, theft of, or injury to such property. Lessee agrees to give Lessor prompt notice of any defecn in or
accident3 to the water pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
tb I Lessor shall. not be liabl~ to Lessee or any other person for damages or injury resulting from the temporary failure of the electric, water,
g~ 'or elevator service, or of the heating or air conditioning equipment in said Aparbnent House or from failures or breakdowns of any ap'
pliance.
(el If an)" employee or agent of lessor shall at the request of Lessee render any service or do any act for or on behalf of or at the direction of
the Lesseee, which actor service is notrequired by the terms of this lease to be rendered by Lessor to Lessee, then in any and all such ca~es 'iuch
employee or agent of Lessor shall not be acting as the employee or agent of Lessor, but wholly as the agent of Lessee, and Le!HIOr shall not b~
liable in any manner whatsoever for damage to property or injury or death to persons arising out of or in connection with the performance of anv
such senice or the rendering of any such acL .
ld) Le080r shall not be liable to Lessee or Lessee's assignee (if Lesaorshall in writing pencit assignment of this leasel, or to any member of the lamily, any
employee, agent, visitor, or invitee of Lessee or such 8B8ignee for any loaa or damage, including water damage, to property, or injury or death to per:JDm,
occnrinK in the 1e83ed. Apartment or in the Apartment House wherein such Apartment is located, or in, on, or at the garage or on the driveway~ or ground:J ~f
said Apartment House, or on adjacent sidewalks or streets, caused by or due to or wing out of the acts, omissioDSi or neglect of the ~see or Le,~ee',
assignces. or the acts, omissions or neglect of any other tenant of any apartment in said Apartment House, or of any other person. and
Lcs~"e and ussee's a.';signee shall hold Lessor harmless from any and all such c1tlims, including costs and attorney's fees.
bl !n the event Apartment is partially damaged or rendered partially unfit for occupancy by fire, tornado or other casualty, Le~'lee
shall give immediate notice to Lessor, who shaH thereupon repair the damage and restore said Apartment to substantially its condition
immediately prior to the happening of such casualty. Lessor shall allow Le~see a fair diminution of rental during the time said Apart.
ment is partially unfit for occupancy. In the event Apartment or the Apartment House is totally destroyed or rendered wholly unfit for
occupancy by fire, tornado or other casualty. and the Lessor shall not, within thirty days after such casualty. elect to restore same, thii
lease shall terminate and the rental shall be paid to the time of such destruction or casualty. and., if Lessee be not then in default, the
securit)" deposit referred to in Section 3 shall be returned to the Lessee; but if Lessor shall within such thirty-day period elect to re3tore
same, Legsor shull thereupon proceed to restore same and this lease shall not terminate. but rent hereunder shall he suspended from thE"
time of such cflSualty until the Apartment is ready for occupancy. NJthing herein contained shaH release or relieve Lessee of liability to
Lessor if ElUCh fire or other casualty shall be the resultofthe negEgence of the Lessee, members of the Lessee's family, Lessee's servant:J,
employeea, agents, guests or invitees.
,'_.
"
IiI In caaeof default by the LeEf\ee in the perfonnance of any promise, covenant or agreement b thi3 l')a3e, Lessor may enforce the performance elf thi,
lease in uny manner provided by law and this lease may be forfeited at l..es.Yor's discretion if such default continues for a period of three t3J ds)''J after LeHClr
notifies said ~ of such dd'ault and Lesaor's intention to dechre the lem+e forfeited, such notice to be sent by the Les.'>Or by mail or otherwise to thO' ,ai:l
Apartment; tmdat the end of said three-day period (lml~ the l.e88ee shall have completely removPd or curoo said default), this Ip-HSe shall cease and nm:-
to an end 83 if that were the day originally fixed. herein for the expiration of the teml hereof, and le&"()r, 119 agent or attorney, shaU ha....e the rig:ht, with'lut
furdler notice or demand, to re-enter said Apartment and ~'8 storeroom and remove all peNOTlS ar...J Lesaee's property therefrom \'1,ithout being deem::d
guilty of any mmmer of tr'e'>pa30, And witoout prejudice to Rny rem€"lip"s for errea!"3 of rental or brench of covemmt; or Le'I~r, its a[!ffit [lr J1.ttarn~y, m!lY
n'i'ume f'o.-~lOionof 6uchpr.:mi*sand re-let the;mme for the remaimler of the term at the l~t rental I.c331Jr, its ngcnt or attorney, may obtain, for acC',>unt
of the Ui\3e€, who shall makegood any deficiency; and the UssoT shall have a lien M ~ty for the rental afore5aJd upon all the good3, \\'are3, chau.:'h,
fLume,'), furniture, and other personal property which are or may be put in the said Apartment or in Lessee's storeroom in the Apartment HOU5~. rr, ,m
8CCfl!mt of breach or default by lEesee of any of Lessee's obligations hereunder, it shall become noo.':'l~ry for the ~r to employ an aUomer to enCore.:' ~)r
defend nor of l.es5or'g rights or remedies hereunder, then. in any such event, any reasonable.amOlmt incurred by le&.:;or as attorney's fees shall b~ paid by
I..ei\Ofe. All pa.-<<: due rent shall bear interest at the rate of six percent (6~'cl per 811J1Um.
(gl. In UH" event the Lessee 8hall become bankrupt or shall make a voluntary &'lsignment for the benefit af creditors, or in the eventthet a
receiver of the Lessee 8hall be appointed, then, at the option of the Lessor and upon five f5l days' notice to the Lessee of the eXE'rciile of such
option, t..~islease shall ce8.':le and come to an end.
(hi
~),
(iJ Le~5ee agrees that Lessee will abide by all reMonahle rules and regulations, not contrary to the expresa pwvision of this lease, which Lee.sor
may promulgate from time to time for the protection of the building, for the orderly, quiet and di~nified operation of the Apartment IInuie, Dr
for the general welfare of Lessor's tenants as a whole, and which, in Lessor's judgment, may be necessary for the safety s.nd c1eanlinei, of th",
Apartment HoU!~e, or for the presenation of order, quiet and dignity in the building or on the grounds, or for the general interest of Lei:iOr.,
tenants 8.':1 a ....hole.
U) Said Lessee agrees that all additions and improvements added to or made upon said premises by Lessee shall at on('~ become the propE-rty of the L!~.;~'lr
and be surrendered to it upon termination of the lease in any marmer, but this paragraph shall not apply to the movable property and furniture of the L"'i.:':>'.
lk) If the U'8~ shall fail to remove all effects from said prem:i~ upon termination of this lea.~ for any callile whatsoever, the Lessor may at it.. DpIbn
remove the Bame in MY manner that the LeBsor shall chOO5e and store said effects without liability to the Lessee, for 10&1 thereof, and the Les.;;ee ag-ree, to p!l.y
tIre Les50r on demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effect~ for any
length of time end same 8hall be in the Lessor's ~ion, or the Lessor may at its option without notice sell said efIects or nny part of the same at privet:?
sale and without legal process for such price as the l..es3or may obtain and apply the proceeds of such sale upon any amounts due lmdec this lease from the
L.csaee to tbe Lessor and upon the expeIl8e incident to the removal and sale of said effects.
0) Other Pcovisions Applicable and a part of this lease:
(m) Trash removal, snow rerroval and qrounds maintenance is to be taken care of bv
_-.J&ssee and at the expense of lessee.
(n) Lessee tQ.J2ay all utility bills.
(0) lessee, at his option may repaint the interior of the house in which case lessor
aqrees to pav total of materials involved.
(2L.Not rrore than three (3) persons to oc=v the "remises.
(c;rL.rc.~f'~at hi'Lo,ption. may reJJIQve \\Om r'flrpPt fran kitchen and dining arE'..a and
rRl;>]aCp. with linolp.lnn in whir.h r.?l~p lp~~nr HgrPP~ t-n P;:}Y Tnt-;:}' of mHt-priH'~
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(r) Ie>,>>,>",,,, agrPf'>'> TO rf'll1ihllr>,>'" prPvioll>'> T",nrml- ror 1a",1- mnTh'", rpnT Or ShOO 00 ann
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LESSOR
LESSEE tAll adult occupants must sign.
Parents Iiat the nanlt'S of all children.'
Agent lor LESSOR
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\ .irE OF ffiLOR.UX:>
(, -Li .IT OF PITKIN
LEASE AGREEMENT
AGREE'\lEi'.T OF LEASE made thi. >;c6th day or April
Zanqqer % Barry Lefkowitz, Box 364, Aspen,
John Ciuba, Box 11482, Aspen
19, 77 . by and between
Colorado
& James Heard, Box
1.25"-55(,,7
Barbara
~M,X
47'3'1' "Aspen
hereinafter called Lessor, and
hereinafter culled Lessee.
WITNESSETH:
L LESSOR-
as is
Lessor does hereby rent and lease unto Lessee that certain furnished~~~d (scratch one out) apartment designated a;
APM~~xxxxxx~~~ 845 North Red Butte Drive
Count)' of Pitkin, State of Colorado (hereinafter referred to as "Apartment"), for a term of one year
I!ll>rnbl.commencing Mav 1 192"kdending April 39I9~,
2, RENrAL-
For and during the term of this lease, Lessee covenants and agrees to pay rental in the amount of $ h n n n ()
I~
("l!ffi1}{lJQRIW
(monthly
in advance, the firl:lt rental installment being due: M rI Y 1 19.-:J...:l, Rental installments shall be payable at the office of the manager on th~
premi3es or at such other place as the l.esaor may designate in writing. Occupancy by the Lessee after execution of this lease but prior to the begrnning d!lt~
hereof shall be on the same terms and conditions as herein providoo, and rental for such period shall be prorated.
3. DEPOSIT-
Concurrently with the execution of this lease agreement, lessee is depositing with Lessor the surnof $ 250.. OOas security to Le!l,or for th~
performance of the covenants of this lease by the Lessee to be kept and performed; and provided Lessee shall not default in performance of
lessee's covenants said deposit shall, upon the expiration of this lease, be refunded to the Lessee, If Lessee shall default in the performance of
Les8ee's covenants hereunder, then and in such event and without waiving any other legal rights or remedies available 'to lessor, said depo~it or
80 much thereof as may be required shall be by lessor applied toward satisfaction of the damage suffered by Lessor as a result of such d~fault of
the Lcs~ee.
Should lessee vacate at any time, witho1;1t giving the lessor thirty (30) days written notice of intent to move, or should Lessee vacate at an~.
time prior to the termination date of this lease, security deposit will be forfeited to Lessor.
1. QWE;'>;,L'\TS OF THE LESSOR-
Les1ior covenants ....ith the Lessee that lessor ....ill. withQut cost to the Le3see: ".~
X:hlJ<&n~{Xlil:lJslili~1<Io~j{~I)@j~jjilt~~:pill<KDt~kf
() Kt"€p and maintain the Apartment in good repair; provided, however. that the coat of any repairs to the Apartrnen4 Apartment House or prf"mi~f"i,
requiroo hecau:.>oc of negligence of the l..estIee. Lessee's seryants, employees. agents. gu~ts. visitors, or invitees, shall he paid for by the Les.~eP..
)t;
~
5. mVEX.\XIS OF 'filE LESSEE-
TIle Lessee does hereby covenant and agree with the Lessor that Lessee will:
(a) Pa)' said rental at the times and place and in the manner hereinabove provided.
(b) Use and occupy 5aid premises for re5idential purp05es only and in a careful and proper manner, and permit no person to occupy :laid
Apartment other than the per50ns whose names are hereinafter designated 88 Lessee5.
(c) Not commit waste nor use or occupy said Apartment for any unlawful purpoees; not commit or pennit any act disturbing or annoying to other le~~e"'~
or any nuisance; and obey all present and future laws and ordinances.
(d) Not assign this lease or underlet 88id premises nor any part thereof without written ccmsent of the Lessor.
(elNJt make any repair5, alterations or improvements to the said premises without the prior consent of the Lessor in writing; provided.
however, that if 5llch con5ent be given by the Lessor, all such improvements shall be and remain the property of the Lessor and not removable bv
the Le5see, with the exception of draperies installed by the Lessee which may be removed by the Lessee. .
(f) N>t erect television or radio antenna upon the roof or elsewhere.
(g) Leave the premises at the expiration and termination of this lease, clean and in good condition as received excepting reasonable wear an:]
lear,
Ih) Pennit Les..'lOr to enter said Apartment for the purpoee of inspection and to make necesaary repairs; and permit Lessor, beginning thirty (30) day,
prior to the tennination of thi'i lesse. to enter said Aparttnent at reasonable times to display same.
HI Nlt permit animals or pets of any kind to be kept or taken into the said premise5 without 'Written permission of Lessor,
Ij) lessee shall5ee to it that the windows to the 5aid premises are closed tightly when it rains or snows and shall reimburge Lessor promptly
for any expense of painting, plastering or repair of any character resulting from neglect or carelessne8s in this res peeL
6. GENERAL CXJVENANI'S-
(a) All personal property of Lessee or other persorts placed in 5aid Apartment. any storeroom, any other portion of said Apartment Hou:Je ~r
the garage, or on driveways, or elsewhere. on Lessor's premisea, shall be at the risk of the Lessee or the parties owning same, and the Lessor :lhall
not bl:' liable for the 1058, damage, destruction, thelt of, or injury to such property, lessee agrees to give Lessor prompt notice of any defect:5 in ~r
accidents to the "''liter pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
(b! Lessor ~ha11 not be liable to Lessee or any other person for damages or injury resulting from the temporary failure of the electric, wat!"r,
g~ or elevator service, or of the heating or air conditioning equipment in 5aid Apartment House or from failures or breakdowns of any ap-
pliance.
kl If any employee or agent of Lessor shall at the request of Lessee render any service or do any acdor or on behalf of or at the direction Dr
the Lesseee, which flctor service is notrequired by the terms of this lease to be rendered by Lessor to Lessee, then in any and all such ca'le~ :Hl~h
employee or agent of Lessor 5hall not be acting as the employee or agent of Lessor, but wholly as the agent of Lessee, aod Lessor shall not b::-
liable in any rnwmer v.natsoever for damage to property or injury or death to persons arising out of or in connection with the performance of an'i
such service or the rendering of any such act. .
(dJ LeS80r shall not be liahleto Le~or I..essee'sassignee (if l...essorshall in writing permit assigrunent of this lease), or to any member of the family, any
employee. agent, visitor, or invitee of I...essee or such assignee for any loss or damage, including water damage, to property. or injury or death to pf"r:lCHH,
occuring:n the leased Apartment or in the Apartment House wherein such Apartment is located. or in, on, or at the garage or on the driveways or grnund, ')f
said Apartment House, or on adjacent 5idewalks or st:reE>ts. caused by or due to or arising out of the acts, omissions or n~glect of. the Lessee or Le,:l::-:" ~
assignees, or the acts, omissions or neglect of any other tenant of any apartment in said Apartment House, or of any other per~on, an d
Le3"pe and Lessee's assignee 5hall hold Lessor harmless from any and all such claims, including costs and attorney's fees.
lei In the event Apartment ig partially damaged or rendered partially unfit for occupancy by fire, tornado or other ca~ualty, Le~;;':'(>
shall give immediate notice to Lessor, who shall thereupon repair the damage and restore said Apartment to substantially its condition
immediately prior to the happening of such casualty. Lessor shall allow Lessee a fair diminution of rental during the time said Apart-
ment is partially unfit for occupancy. In the event Apartment or the Apartment House is totally destroyed or rendered wholly unfit for
occupancy by fire, tornado or other casualty, and the Le5sor shall not, within thirty days after such casualty, elect to restore ,;sme, thi3
len8e shall terminate and the rental shall be paid to the time of such destruction or casualty, and, if Lessee be not then in default, the-
security deposit refer-red to in Section 3 shall be returned to the Lessee; but if Lessor shall \\o-ithin such thirty-day period elect to re~tore
same, J....essor shall thereupon proceed to restore 5ame and this lease shall not terminate, but rent hereunder shall be suspended from th~
time ('If such caiualty until the Apartment is ready for occupancy. N:lthing herein contained shall release or relieve Lessee of liability L')
Lc8~or If 8ueh fire or other casualty e:hall be the result of the negligence of the Les.~ee, members of the Lessee's family, Lessee's 'lervunB,
enlpluyeC:5, agents, guests or invitees.
.
--
WIn ca..~ of c!dault by the l..e.ffiee in the perfomumce of any promise, covenant or agr~ment i;J this lea."le, I..essor may enforce the performance '~'; thh
ll".a~ in any manner provided by law and this lease may be forfeited at les8or's dhcretion if such default continues for u period of three (;3) days nrt~r Le~nr
notifieo said llisre of such default and l..essor's intention to declare the lease Iorleited.. sl1.::h notice to be sent by the Lcs.<;or by mail or othem.-ise 1a th~ ~!ti:l
Apartment; and at the end of said three-day period lunless the Le:l8ee ahall have completely removed or cured l'laid default), this lease shall r:ea~e aocl CQm~
toa.'1 end as if thnt were the day originally fixed herein for the e:'tpiration of the tenn hereof. nnd les8or, its agent or attorney, shall ha....e the right, with:)Llt
further notice or demand. to re-enter 88id Apartment and I..esare's sWrel'Y..IOm and remove all perBOrul Rlxl I.e...~'s property therefrom ""ithout being d~~em[':1
guilty of any mu..'1I1er of t.-elpa58, and ,"'l-ithout prejurliC'€ to any remedies for 8rreflr3 d rr::fnJ Of nre<lch of cnven::mt; or I.e3.<\Of, its agpnt or attr)rnt>f. m'lY
resume po88e'lsion of !:iuch premises and re-Iet the same for Llte rel"l':linder of the tdTtl at the l..c_'"'>t rent.'ll IR'3..~r, its agent or attorney, may obtain, for w;nllnt
of the l.effiee, who shall makegood any deficiency; and the lessor shall have a lien aJ BeCurity for the rental aforesaid upon all the goods, ware~, ch!lud5,
fixtul"e8, furniture, and other perp,onal property which are or may he put in the said Apartment or in Le5Bee'g !rtOreroom in the Apartment HaLB~. If, ::In
account of breach or default by Lessee of any of Lessee's obligations hereWlder, it shall become n~'l..:J..ry for the ~"()r to employ an attorney to enforce or
defend any of l..eAAor's rights or remedies hereunder, then, in any such event, any reasonable amount incurred by Lessor as attorney's fees 3hal! be paid by
Les~. All past due rent shall hear interest at the rate of six percent (6':10 1 per nrmum.
(g! In the event the Lessee shall ?ecome bankrupt or ~hall make a voluntary l15SigI~men: for th,e bc?efit of creditors, or in the event that a /~""'\
recetver of the Lessee shall be appomted, then, at the option of the lessor W1d upon !n;e bl days notIce to the Lessee of the e"erci~e of SU'_:h-~iJ e
option, this leMe shall ceMe and come to an end. r/" ~l. fJ
Ihj~~l<J.i~8l<>Y!':'trox~~~~WO!lOl~l~~oqQp letm.9\,.this lease shalJ,I'f)i~){()Pl!6b}!lK~-!Jlll1I'~.!\llQ!Uh~.':.9Q,ven.n" an,I' . /
concfitron~ herein provided, for successive terms eqlllit~Pe1:~~~~1.~rent.nl installment, at tl\Vtftte'-dl..:.$ggr~kly~emi.
monthly-rnonthly I.
Ii I Lessee- agree!> that Lessee will abide by all reasonable rules and regulations, not contrary to t.he express provision of this lease, which I...es8or
may promulgate from time to time for the protection of the building, for the orderly, quiet and dignified operation of the Apartment Hou~e, or
for the general '....eHare of Lessor's tenants as a whole, and which, in Lessor's judgment, may be necessary for the safety end desnline"" of the
Apartment House, or for the preservation of order, quiet and dignity in the building or on the grounds, or for the general interest. of Le..~[)r':i
tenants IlEI a whole.
lj) Said Les.-ooe€ agI"€eS that all additions and improvements added to or made upon said premises by Lessee shall at once become the property of the Le~iO)r
and J:x. !;llrrendered to it upon tennination of the lea3e in any manner, but this paragraph shall not apply to the movable property and furniture of the Le330'e,
lkl II the I.essee shall fail to remove all effecta from said premi..'l€S upon tennination of t:hi3 lca.-;e for any cause "-hatsoever, the Lessor may at it~ opti:ln
remove the same in any manner that the l..e8aor shall chooae and store said effects without. liability to the Lessee, for 1068 thereof, and the Le~see agtee'J t~l pay
the IA.~"O!' on demand any and all expenses incurred in such removal, including court costs and attome),'sfees and storage charges on such effect3 fur any
1enw.h of time and earne !3hall he in the mllOr's possession, or the I..essor may at its option "ithout notice sell said efIeets or any part of the same at private
gale and without II?.gal prClCe38 for such price as the I...essor may obtain and apply the proceed.s of such sale upon any amounts due under this lea'Je from the
L';'IS(>e to the [R5Sl')r and upon the expense ineident to the removal and sale of said effect;.
U I Other Prmisions Applicable and a part of this lease :
(~l) Trash rC!;loval, snO>l removal and grounds maintenance is to be taken
car2 of by lessee a~d at the expense of lessee.
(N) Lessee to Dav all utility bills
(0) Lessee. at his option, may re-paint the interior of the house in
which case lessor agrees to pay total of the materials involved.
(P) l<ot :7lare than three (3) persons to occupy the premisefl.
Receipt of $850.00 \vhich represents las month's rent of $600.00 and
$250.00 oerformance deposit is herewith acknowledqec.
ren t t..rill b8 due r~ay 1, 1977.
The first month's
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LESSEE (All adult occupants must sign.
Parents li5t the n.Ulk8 of all children.'