HomeMy WebLinkAboutcoa.lu.ex.Beer/Zanger, Lot 8, W. Aspen Subdivision 1lO�qO�- El.- DI\
Meer/ Zanger_
Lot 8, /Filing 1, West Aspen Subd.
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0 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 Dri Ye (
i of R West Aspap vision , First ; ng )
Lot Size:
Rental
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.
Engineering
Comments:
See attached memorandum to
the Planning Office dated October 1. _
1979.
Attorney's
Comments
See attached memorandum to
the Planning Office dated November 1, _
1979.
Housing
Director'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 at 11:55AM December L;l1, 1979 Loretta Banner Recorder Q b�
Recenti oN# +� r 7
44
STATEMENT FROM EXEMPTION
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 duplex 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 1-A, West Aspen Subdivision, City of Aspen,
Pitkin County, Colorado
Dated this 21 day of December 1979
erman 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, 4vas
authorized to execute the same.
i4a
Kathryn ;loch, City Clerk
STATE OF COLORADO )
SS
COUNTY OF PITKIN )
The foregoing was acknowledged before me this,Z day of
December 1979 by Herman Edel as Mayor and Kathryn S. Koch
as City Clerk of the City of Aspen.
Witness my hand and official seal.
My commission expires: V.3�/Z3
(S E A L)
NotarYI Public
P�
•
MEMORANDUM
TO: Aspen City Council
FROM: Richard Grice, Planning Office
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: Unknown
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.
Pand 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 11:56AI ecember 21, 1979 Loretta Banner Recorder
Reception �� �: ��,a
COVENANT l"1+ JU ' -'� = �J
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 1-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.
Ann Amabile
STATE OF COLORADO)
) SS.
COUNTY OF�PITKIN )
Marilyn-'C. Beer
Subscribed and sworn to before me this day of December, 1979,
bg Ann Amabile and Marilyn C. Beer.
-My commission expires:
r Witness my hand and of fi,.6ial seal.
J
(S-E A L)
No"
'Public
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Pi�K�
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0
Jon K. Mulford, Lawyer
600 East Hopkins • Aspen, Colorado 81611
(303) 925-8780
August 17, 1979
Mr. Richard Grice
Planning and Zoning Commission
City of Aspen
130 South Galena
Aspen, Co 81611
Jon K. Mulford
Erin L. Fernandez
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
John Ciuba $600 5/1/77 thru 9/30/78
Reed Slater $600 10/1/78 thru 4/15/79
Gayle Moeller $600 4/15/79 thru 8/l/79
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.
0 0
Mr. Richard Grice Page 2
August 17, 1979
Both units shall be restricted to six (6) month minimum
leases with no more than two (2) shorter tenancies per year
upon conversion, as 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,
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) The owner/applicant shall agree to enter into a curb, gutter
and sidewalk improvement district in the event that one is formed
and also deed restrict.
The Engineering Department recommends approval for the above sub-
division exemptions subject to the owner/applicant correcting the
above conditions.
CITY OF ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE: November 21, 1979
TO: Richard Grice
FROM: Ron Stock
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:
[x] Notice and option provisions to current
tenants
[x] 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 Commission 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
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CITY O
130 south I
aspen, col
MEMORANDUM
DATE: November 1, 1979
TO: Richard Grice
FROM: Ron Stock
RE: Beer/Zanger Subdivision Exemption
•
PEN
treet
11611
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:mc
•
MEMORANDUM
TO: City Engineering Department
Ron Stock, City Attorney
Jim Reents, City Housing Director
FROM: Richard Grice, Planning Office
RE: Beer/Zangger Subdivision Exemption
DATE: 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 following 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. "Declarants" mean Marilyn G. Beer and
Barbara Zangger.
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 beam,., floor joists
and plywood or concrete deck or similar floor deck material
which constitute the ceiling of an apartment.
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 F.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 otter legal entity or any combination
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" means the General
Common Elements and the Limited Common Elements as the same are
hereafter described and 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; (c)
installations of central services such as power, lights, gas,
hot and cold water, heating, 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,
bi.:t 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 comm..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 survey or 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 binding 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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C
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 Declarant:
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 Condominium 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
=sue
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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 Common
Elements appurtenant thereto. Said description shall 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 pay or 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 common 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.
- 8 -
ASSESSMENTS
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
to 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
- 9 -
• 0
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
- 10 -
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
• 9
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.
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.
- 13 -
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.
TNSURANCE
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 Declarants 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
- 13 -
0 •
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.
=-X1=
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.
(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
- 15 -
• •
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) For payment of taxes and special assessment liens
in favor of any assessing entity and customary expenses of
sale;
(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
(v) The balance remaining, if any, shall be paid to
the Condominium Unit Owner.
- 16 -
• 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 condemned 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.
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.
- 17 -
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,
(c) the respective amounts allocated to the taking of or
injury to a particular Unit and/or improvements an Owner had
made within his own Unit shall be apportioned to the particular
Unit involved, and (d) the 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.
Compliance with Provisions. Each Owner shall comply
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 intere.,ts 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, corporation
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.
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. The provisions of this Declaration shall
be in addition and supplemental to the Condominium Ownership
Act of the State of Colorado and to all other laws of the
State of Colorado.
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
STATE OF COLORADO )
SS.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me
this day of 1979 by Marilyn G.
Beer and Barbara Zangger.
Witness my hand and official seal.
My commission expires:
Notary Public
(S E A L)
• 0
EXHIBIT A
DESCRIPTION OF PROPERTY
Lot 8, West Aspen Subdivision
Filing No. 1-A
City of Aspen, County of Pitkin, State of Colorado
EXHIBIT B
LOT 8 WEST ASPEN SUBDIVISION CONDOMINIUMS
PERCENTAGE OWNERSHIP
Unit 1 50o interest of Lot 8 West Aspen
Subdivision Filing No. 1-A is
owned by Barbara Zangger.
Unit 2 50% interest of Lot 8 West Aspen
Subdivision Filing No. 1-A is
owned by Marilyn G. Beer
0 0
MEMORANDUM
TO: Richard Grice, Planning Office
FROM: Louis Buettner, Engineering Departmen
RE: Beer/Zangger Subdivision Exemption, Lot 8, Filing 1,
West Aspen Subdivision
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
3. Locate the existing structure with ties to property lines
4. Locate existing fences
5..� Locate irrigation ditch, if located on lot
6. Put road (right-of-way) width on plat
7. Add City of Aspen as unplatted- property (golf course)
southerly cf lot. i
In general, thE� condominium map should re completed.
The Engineerinc Department recommends ar-proval for the above
subdivision exE-mption subject to the owner/applicant having
the above conditions corrected on the subdivision exemption plat
(condominium map)
kals
THE STATE OF COLORADO
COU\TY OF PITKIN
.EASE AGRnT.,.:]%RENT
AGItEEMEItiT OF LE E ma a this day of —19,�by and
hereinafter called Lessor, and LzC , 6-1 e— %%'_k' � G� /= ca
hereinafter called Lessee.
WITNESSETH :
1. LESSOR —
between
P �� �— Apartments,
Lessor does hereby rent and lease unto Less a that certain unfurnished Iscratch one out) apartment designated ai
Apatr4ment located a: o y5 �'�/. ��1 j / (, j ,4w yi), CQ _
County of Pitkin. State of Colorado (hereinafter referred to as 'Apartment"), for a term of
months, commencing /S 19-'/—Zandending efZ 19_7�.
2. RENTAL— / (weekly
For and during the term of this lease, Lessee covenants and agrees to pay rental in the amount of S �00� (semi-rr
rr�� ��, (monthly
in advance, the first rental installment being due: r J 19.7f. Rental installments shall be payable at the office of the manager on the
premises or at such other place as the Lessor may designate to writing. Occupancy by the Lessee after execution of this lease but prior to the beginning date
hereof shall be on the same terms and conditions as herein provided, and rental for such period shall be prorated.
3. DEPOSIT —
Concurrently with the execution of this lease agreement, Lessee is depositing with Lessor the sum of $ , -Z C> 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 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
Lessee's covenants hereunder, then and in such eventand without waiving any other legal rights or remedies available to Lessor, said deposit or
so much thereof as may be required shall be by Lessor applied toward satisfaction of the damage suffered by Lessor as a result of such default of
the Lessee.
Should Lessee vacate at any time, without giving the Lessor thirty 130) 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. COVENANTS OF THE LESSOR —
Lessor covenants with the Lessee that Lessor will, without cost to the Lessee:
(a) Furnish -utilities, except telephone,4md.an-y-otheautil4y-herein-required.to be.paUlor .essee
() Deep and maintain the Apartment in good repair; provided, however, that the cost of any repairs to the Apartment, Apartment House or premi.ie3,
required because of negligence of the Lessee, Lessee's servants, employees, agents, guests, visitors, or invitees, shall be paid for by the Lessee
5. COVEXX I'S OF 'I`HE LESSEE —
The Lessee does hereby covenant and agree with the Lessor that Lessee will :
(a) Pay said rental at the times and place and in the manner hereinabove provided.
Ib) Use and occupy said premises for residential purposes only and in a careful and proper manner, and permit no person to occupy said
Apartment other than the persons whose names are hereinafter designated as Lessees.
(c) Not commit waste nor use or occupy said Apartment for any unlawful purposes; not commit or permit any act disturbing or annoying to other lessees
or any nuisance; and obey all present and future laws and ordinances.
lu) Not assign this lease or underlet said premises nor any part thereof without written consent of the Lessor.
(e) Not make any repairs, alterations or improvements to the said premises without the prior consent of the Lessor in writinv; 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
the Lessee, with the exception of draperies installed by the Lessee which may be removed by the Lessee.
If) Not 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 and
tear.
(h1 Permit Lessor to enter said Apartment for the purpose of inspection and to make necessary repairs; and permit Lessor, beginning thirty (30) d3y3
prior to the termination of this lease, to enter said Apartment at reasonable times to display same.
(i ) Not permit animals or pets of any kind to be kept or taken into the said premises without written permission of Lessor.
(j) Lessee shall see to it that the windows to the said premises are closed tightly when it rains or snows and shall reimburse Lessor promptly
for any expense of painting, plastering or repair of any character resulting from neglector carelessness in this respect.
6. GENERAL COVENANTS —
(a) All personal property of Lessee or other persons placed in said Apartment, any storeroom, any other portion of said Apartment House or
the garage, or on driveways, or elsewhere, on Lessor's premises, shall beat 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 defects in or
accidents to the water pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
(b) Lessor shall not be liable to Lessee or any other person for damages or injury resulting from the temporary failure of the electric, water,
gas or elevator service, or of the heating or air conditioning equipment in said Apartment House or from failures or breakdowns of any ap•
pliance.
(c) 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 of
the Lesseee, which act or service is not required by the terms of this lease to be rendered by Lessor to Lessee, then in any and all such cases such
employee or agent of Lessor shall not be acting as the employee or agent of Lessor, but wholly as the agent of Lessee, and Lessor shall not be
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 any
such service or the rendering of any such act.
(d) Lessor shall not be liable to Lessee or Lessee's assignee (if Lessor shall in writing permit assignment of this lease), or to any member of the family, any
employee, agent, visitor, or invitee of Lessee or such assignee for any loss or damage, including water damage, to property, or injury or death to perim3.
occuring in 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 ground+ of
saicj Apartment House, or on adjacent sidewalks or streets, caused by or due to or arising out of the acts, omissions or neglect of the Lessee or Le3iee's
assignees, or the acts, omissions or neglect of any other tenant of any apartment in said Apartment House, or of any other person, and
Lesg-e and Lessee's assignee shall hold Lessor harmless from any and all such claims, including costs and attorney's fees.
(a) Ir, the event Apartment is partially damaged or rendered partially unfit for occupancy by fire, tornado or other casualty, Lessee
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 Lessor shall not, within thirty days after such casualty, elect to restore same, this
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
security depositreferred to in Section 3 shall be returned to the Lessee; but if Lessor shall within such thirty -day period elect to restore
same, Lessor shall thereupon proceed to restore same a,id this lease shall not terminate, but rent hereunder shall be suspended from the
time of such casualty until the Apartment is ready for occupancy. Nothing herein contained shall release or relieve Lessee of liability to
Lessor if euch fire or other casualty shall be the result of the negligence of the Lessee, members of the Lessee's family, Lessee's servants,
employees, agents, guests or invitees.
+ • 0
(f► In case of default by the Lessee in the performance of any promise, covenant or agreement in this lease, Lessor may enforce the performance of thin
lease in any manner provided by law and this lease may be forfeited at Lessor's discretion if such default continues for a period of three (3) days after Lessor
notifies said Lessee of such default and Lessor's intention to declare the lease forfeited, such notice to be sent by the Lessor by mail or otherwise to the said
Apartment; and at the end of said three-day period (unless the Lessft shall have completely removed or cured said default), this lease shall cease and come
to an end as if that were the day originally fixed herein for the expiration of the term hereof, and Lessor, its agent or attorney, shall have the right, without
further notice or demand, to reenter said Apartment and Lessee's storeroom and remove all persons and Lessee's property therefrom without bein, deemed
guilty of any manner of trespass, and without prejudice to any remedies for arreers of rental or breach of covenant; or Lessor, its agent or attorney, may
resume possession of such premises and re -let the same for the remainder of the term at the best rental Lessor, its agent or attorney, may obtain, for account
of the yvilo shall makegood any deficiency; and the Lessor shall have alien as security for the rental aforesaid upon all the goods, wares, r-hatteh,
fix
ze tore, and other personal property which are or may be put in the said Apartment or in Lessee's storeroom in the Apartment House. if, on
account of breach or default by Lessee of any of Lessee's obligations hereunder, it shall become necessary for the Lessor to employ an attorney to enforce or
defend any of Lessor's rights or remedies hereunder, then, in any such event, any reasonable amount incurred by Lessor as attorney's fees shall be paid by
Lessee. All past due rent shall bear interest at the rate of six percent (6 /o) per annum.
(g) In the event the Lessee shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a
receiver of the Lessee shall be appointed, then, at the option of the Lessor and upon five (5) days' notice to the Lessee of the exercise of such
option, this lease shall cease and come to an end.
(h) Any holding o�r—b} Lessee after the expirati of the term of this lease ah constitute a periodic tenancy u the r-onvenants end
conditions herei ovided, for successive term equal to the period covered by ch rental installment, at the ramie e $ Iweekly—semi•
monthly--ract. hly).
G) Lessee agrees that Lessee will abide by all reasonable rules and regulations, not contrary to the express. provision of this lease, which Lessor
may promulgate from time to time for the protection of the building, for the orderly, quiet and dignified operation of the Apartment House, or
for the general welfare of Lessor's tenants as a whole, and which, in Lessor's judgment,may be necessary for the safety and cleanliness 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 Les5or'3
tenants as a whole.
I j ) Said Lessee agrees that all additions and improvements added to or made upon said premises by Lessee shall at once become the property of the Lessor
and be surrendered to it upon termination of the lease in any manner, but this paragraph shall not apply to the movable property and furniture of the Lessee.
(k) If the Lesee shall fail to remove all effects from said premises upon termination of this lease for any cause whatsoever, the Lessor may at its option
remove the same in any manner that the Lessor shall choose and store said effects without liability to the Lessee, for loss thereof, and the Lessee agrees to pay
the Lessor on demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effe -ts for any
length of time and same shall be in the Lessor's possession, or the Lessor may at its option without notice sell said effects or any part of the same at private
sale and without legal process for such price as the Lessor may obtain and apply the proceeds of such sale upon any amounts due under this lease from the
Lessee to the Lessor and upon the expense incident to the removal and sale of said effects.
(1) Other Provisions Applicable and a part of this lease:
or
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LESSEE (All adult occupants must sign.
Parents list the names of all children.)
THE STATE OF OOLORADO
O17UN17Y OF PITKIN
LEASE'
AGRE ED>F:NTT OF LEASE made this � O ay of �P TE-,� 19, �—, by and between Barbara Zangger, r
c/sLBalTP-fkCRri t7 . PnX 364, AS`—n r Cr)__ Apartments,
hereinafter called Lessor, and R JF g k9 Z ^� !V T ff, � 009 2 3 7 f
hereinafter called Lessee.
WITNESSETH:
1. LESSOR —
as is
Lessor does hereby rent and lease unto Lessee that certain furn ished-311fiKWP'QQ= (scratch one out) apartment designated ae
locatedat 845 N. Red Butte Driver Aspen, Co.
County of Pitkin, State of Colorado (hereinafter referred to as "Apartment"), for a term of 12
months, commencing 10/01 19-Mandending 9/30 1979 .
2. RF.NICALr— 600.00
For and during the term of this lease, Lessee covenants and agrees to pay rental in the amount of $
in advance, the first rental installment being due: 10/01 1978 Rental installments shall be payable at the office of the manager on the
premises or at such other place as the Lessor may designate in writing. Occupancy by the Lessee after execution of this lease but prior to the beginning date
hereof shall be on the same terms and conditions as herein provided, and rental for such period shall be prorated.
3. DEPOSI'I'—
Concurrently with the execution of this lease agreement, Lessee is depositing with Lessor the sum of $ 290 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 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
Lessee's covenants hereunder, then and in such event and without waiving any other legal rights or remedies available to Lessor, said depositor
so much thereof as may be required shall be by Lessor applied toward satisfaction of the damage suffered by Lessor as a result of such default of
the Lessee.
Should Lessee vacate at any time, without 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 beforfeited to Lessor.
4. OOVENAItiTS OF THE LESSOR —
Lessor covenants with the Lessee that Lessor will, without cost to the Lessee:
(a) "
0 Keep and maintain the Apartnwnt in goof repair; provided, however, that the cost of any repairs to the Apartment, Apartment House or premises,
required because of negligence of the Lessee, Lessee's servants, employees, agents, guests, visitors, or invitees, shall be paid for by the Lessee.
�� �1!�� ►�I.YII;1 � r.� I � �Y.�1> �J
the Lessee does hereby covenant and agree with the Lessor that Lessee will:
(a) Pay said rental at the times and place and in the manner hereinabove provided.
(b) Use and occupy said premises for residential purposes only and in a careful and proper manner, and permit no person to occupy said
Apartment other than the persons whose names are hereinafter designated as Lessees.
W Not commit waste nor use or occupy said Apartment for any unlawful purposes; not commit or permit any act disturbing or annoying to other lessees
or any nuisance; and obey all present and future laws and ordinances.
(d ) Not assign this lease or underlet said premises nor any part thereof without written consent of the Lessor.
(e) Not 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
the Lessee, with the exception of draperies installed by the Lessee which may be removed by the Lessee.
(f ) Not 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 and
tear.
(h) Permit Lessor to enter said Apartment for the purpose of inspection and to make necessary repairs; and permit Lessor, beginning thirty (30) days
prior to the termination of this lease, to enter said Apartment at reasonable times to display same.
10 Not permit animals or pets of any kind to be kept or taken into the said premises without written permission of Lessor.
U) Lessee shall see to it that the windows to the said premises are closed tightly when it rains or snows and shall reimburse Lessor promptly
for any expense of painting, plastering or repair of any character resulting from neglect or carelessness in this respect.
6. GENERAL COVENANIS—
(a) All personal property of Lessee or other persons placed in said Apartment, any storeroom, any other portion of said Apartment House or
the garage, or on driveways, or elsewhere, on Lessor's premises, shall beat 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 defects in or
accidents to the water pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
Ib) Lessor shall not be liable to Lessee or any other person for damages or injury resulting from the temporary failure of the electric, water,
gas or elevator service, or of the heating or air conditioning equipment in said Apartment House or from failures or breakdowns of any ap-
pliance.
(c) 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 of
the Lesseee, which act or service is not required by the terms of this lease to be rendered by Lessor to Lessee, then in any and all such cases such
employee or agent of Lessor shall not be acting as the employee or agent of Lessor, but wholly as the agent of Lessee, and Lessor shall not be
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 any
such service or the rendering of any such act.
W Lessor shall not be liable to Lessee or Lessee's assignee (if Lessor shall in writing permit assignment of this lease), or to any member of the family, any
employee, agent, visitor, or invitee of Lessee or such assignee for any loss or damage, including water damage, to property, or injury or death to persons,
oa:uring in 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 grounds of
said Apartment House, or on adjacent sidewalks or streets, caused by or due to or arising out of the acts, omissions or neglect of the lessee or Lessee's
assignees, or the acts, omissions or neglect of any other tenant of any apartment in said Apartment House, or of an other person, and
Les%-e and Lessee's assignee shall hold Lessor harmless from any and all such claims, including costs and attorney's fees.
lo) In the event Apartment is partially damaged or rendered partially unfit for occupancy by fire, tornado or other casualty, Lessee
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 Lessor shall not, within thirty days after such casualty, elect to restore same, this
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
security deposit referred to in Section 3 shall be returned to the Lessee; but if Lessor shall within such thirty -day period elect to restore
same, Lessor shall thereupon proceed to restore same and this lease shall not terminate, but rent hereunder shall be suspended from the
time of such casualty until the Apartment is ready for occupancy. Nothing herein contained shall release or relieve Lessee of liability to
Lessor if such fire or other casualty shall be the result of the negligence of the Lessee, members of the Lessee's family, Lessee's servants,
employees, agents, guests or invitees.
r
(fl in case of default by the Lessee in the performance of any promise, covenant or agreement in this lease, L~, r may enforce the performance of this
lease in any manner provided by law and this lease may be forfeited at Lessor's discretion if such default continues for a period of three (3) days after Lessor
notifies said Lessee of such default and Lessor's intention to declare the lease forfeited, such notice to be sent by the Lessor by mail or otherwise to the said
Apartment; and at the end of said three-day period (unless the Lessee shall have completely removed or cured said default), this lease shall cease and come
to an end as if that were the day originally fixed herein for the expiration of the term hereof, and Lessor, its agent or attorney, shall have the right, without
further notice or demand, to reenter said Apartment and Lessee's storeroom and remove all persons and Lessee's property therefrom without being deemed
guilty of any manner of trespass, and without prejudice to any remedies for arrears of rental or breach of covenant; or Lessor, its agent or attorney, may
resume possession of such pn: miws and re -let the same for the remainder of the term at the best rental Lessor, its agent or attorney, may obtain, for account
If the Lessee, who shall makegood any deficiency; and the Lessor shall have a lien as security for the rental aforesaid upon all the goods, wares, chattels,
fixtures, furniture, and other personal property which are or may be put in the said Apartment or in Lessee's storeroom in the Apartment House. If, on
acemint of breach or default by Lessee of any of Lessee's obligations hereunder, it shall become necessary for the. Lessor to employ an attorney to enforce or
defend any of Lessor's rights or remedies hereunder, then, in any such event, any reasonable.amount incurred by Lessor as attorney's fees shall be paid by
Lessee. All past due rent shall bear interest at the rate of six percent (bib 1 per annum.
(g). In the event the Lessee shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a
receiver of the Lessee shall be appointed, then, at the option of the Lessor and upon five (5) days' notice to the Lessee of the exercise of such
option, this lease shall cease and come to an end.
Ih )
(i ) Lessee agrees that Lessee will abide by all reasonable rules and regulations, not contrary to the express provision of this lease, which Lessor
may promulgate from time to time for the protection of the building, for the orderly, quiet and dignified operation of the Apartment House, or
for the general welfare of Lessor's tenants as a whole, and which, in Lessor's judgment,may be necessary for the safety and cleanliness 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 Lessor's
tenants as a whole.
q) Said Lessee agrees that all additions and improvements added to or made upon said premises by Lessee shall at once become the property of the Lessor
and be surrendered to it upon termination of the lease in any manner, but this paragraph shall not apply to the movable property and furniture of the Le;are.
(k) If the Lessee shall fail to remove all effects from said premises upon termination of this lease for any cause whatsoever, the Lessor may at its option
remove the same in any manner that the Lessor shall choose and store said effects without liability to the Lessee, for loss thereof, and the Lessee agrees to pay
the Lesanr on demand any and all expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects for any
sor length of time and same shall be in the Lessor's possession, or the Lesmay at its option without notice sell said effects or any part of the same at private
sale and without legal process for such price as the Lessor may obtain and apply the proceeds of such sale upon any amounts due under this lease from the
Lessee to the Lessor and upon the expense incident to the removal and sale of said effects.
(1) Other Provisions Applicable and a part of this lease:
(m) Trash removal, snow removal and grounds maintenance is to be taken care of by
lessee and at the expense of lessee.
(n) Lessee to pay all utility bills.
(o) Lessee, at his option may repaint the interior of the house in which case lessor
agrees to pay total of materials involved
(g) Not mere than three (3) persons to occupy the premises.
(gLessee . at his_optio y rpmQye worn c-&met from kitchen and dining area and
replace -with linoleum in whicb cast- lessor ads to pay tntal of matPri al s
1 i fI t'l' ctr,It J /v IX ,,, Gv- f
LESSEE ( All adult occupants must sign.
Parents list the names of all children.)
/oC .✓�ly h�l'lGG� 9��f�L_ f'�flCl�Ne
LESSOR
By-
Agent for LESSOR
.&FE OF COLORADO • •
.1'Y OF PITKIN
AGREE.M&W OF LEASE made this !`Eth day of___AT)r 1 19, 77 , by and between Barbara
Zangger o Barry Lefkowitz, Box 364, Aspen, Colorado �w, &X
hereinafter called Lessor, and John Ciuba, Box 11482, Aspen & James Heard, Box 47 Aspen
hereinafter called Lessee. 9.2,5"-- S.S (;7
WITNESSETH:
1. LESSOR
as is
Lessor does hereby rent and lease unto Lessee that certain furn ished—dG>f'S**d (scratch one out) apartment designated ai
Apa'ft,Mxxxxxxxq56ek 845 North Red Butte Drive
County of Pitkin, State of Colorado (hereinafter referred to as "Apartment"), for a term of one year
NN X, commencing May 1 19 7 7and ending April 3 019 7 8 .
2. RENTALS- �:`c
For and during the term of this lease, Lessee covenants and agrees to pay rental in the amount of $ F n n _ n n t?{► QRtk
(monthly
in advance, the first rental installment being due: MaV 1 19 7 7. Rental installments shall be payable at the office of the manager on the
premises or at such other place as the Lessor may designate in writing. Occupancy by the Lessee after execution of this lease but prior to the beginning date
hereof shall be on the same terms and conditions as herein provided, and rental for such period shall be prorated.
3. DEPOSIT —
Concurrently with the execution of this lease agreement, Lessee is depositing with Lessor the sum of $ 2 5 0 - 0 has 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 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
Lessee's covenants hereunder, then and in such event and without waiving any other legal rights or remedies available to Lessor, said deposit or
so much thereof as may be required shall beby Lessor applied toward satisfaction of the damage suffered by Lessor as a result of such default of
the Lessee.
Should Lessee vacate at any time, without 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. COVENANNTS OF THE LESSOR —
Lessor covenants with the Lessee that Lessor will, without cost to the Lessee: / ,
XiX�+i Xt}ti2d3i}t`Yc§flx iel�rra,,� a��v_Lirsa,�{�g}{pl�jpq$at3i>�cji:Nr�c�i3�iit�53itX1}$'Xa�C
( ) Keep and maintain the Apartment in good repair; provided, however, that the cost of any repairs to the Apartment, Apartment House or premises,
required because of negligence of the Lessee, Lessee's servants, employees, agents, guests, visitors, or invitees, shall be paid for by the Lessee.
5. COVENANTS OF THE LESSEE —
The Lessee does hereby covenant and agree with the Lessor that Lessee will:
(a) Pay said rental at the times and place and in the manner hereinabove provided.
(b) Use and occupy said premises for residential purposes only and in a careful and proper manner, and permit no person to occupy said
Apartment other than the persons whose names are hereinafter designated as Lessees.
(c) Not commit waste nor use or occupy said Apartment for any unlawful purposes; not commit or permit any act disturbing or annoying to other le33ees
or any nuisance; and obey all present and future laws and ordinances.
(d) Not assign this lease or tmderlet said premises nor any part thereof without written consent of the Lessor.
(e) Not 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
the Lessee, with the exception of draperies installed by the Lessee which may be removed by the Lessee.
(f) Not 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 and
tear.
(h) Permit Lessor to enter said Apartment for the purpose of inspection and to make necessary repairs; and permit Lessor, beginning thirty (30) days
prior to the termination of this lease, to enter said Apartment at reasonable times to display same.
61 Not permit animals or pets of any kind to be kept or taken into the said premises without written permission of Lessor.
(j)Lessee shall see to it that the windows to the said premises are closed tightly when it rains or snows and shall reimburse Lessor promptly
for any expense of painting, plastering or repair of any character resulting from neglect or carelessness in this respect.
6. GE�RAL COVENANTS --
(a) All personal property of Lessee or other persons placed in said Apartment, any storeroom, any other portion of said Apartment House or
the garage, or on driveways, 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 def ects in or
accidents to the water pipes, electric wiring, heating apparatus, air conditioning equipment and all appliances.
(b) Lessor shall not be liable to Lessee or any other person for damages or injury resulting from the temporary failure of the electric, water,
gas or elevator service, or of the heating or air conditioning equipment in said Apartment House or from failures or breakdowns of any ap.
pliance.
(c) 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 of
the Lesseee, which act or service is not required by the terms of this lease to be rendered by Lessor to Lessee, then in any and all such eases such
employee or agent of Lessor shall not be acting as the employee or agent of Lessor, but wholly as the agent of Lessee, and Lessor shall not be
liable in any manner whatsoever for damage to property or injury or death to persons arising outof or in connection with the performance of an
such service or the rendering of any such act.
(d) Lessor shall not be liable to Lessee or Lessee's assignee (if Lessor shall in writing permmt assignment of this lease), or to any member of the family, any
employee, agent, visitor, or invitee of Lessee or such assignee for any loss or damage, including water damage, to property, or injury or death to periani,
occuring in 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 grounds of
said Apartment House, or on adjacent sidewalks or streets, caused by or due to or arising out of the acts, omissions or neglect of. the Lessee or Lessee's
assignees, or the acts, omissions or neglect of any other tenant of any apartment in said Apartment House, or of any other person, and
L.essPe and Lessee's assignee shall hold Lessor harmless from any and all such claims, including costs and attorney's fees.
(e) In the event Apartment is partially damaged or rendered partially unfit for occupancy by fire, tornado or other casualty, Lessee
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 Lessor shall not, within thirty days after such casualty, elect to restore same, this
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
security deposit referred to in Section 3 shall be returned to the Lessee; but if Lessor shall within such thirty -day period elect to restore
same, Lessor shall thereupon proceed to restore same and this lease shall not terminate, but rent hereunder shall be suspended from the
time of such casualty until the Apartment is ready for occupancy. Nothing herein contained shall release or relieve Lessee of liability t'o
L.esaor if such fire or other casualty shall be the resultof the negligence of. the Lessee, members of the Lessee's family, Lessee's servants,
employees, agents, guests or invitees.
(f) In case of default by the Lessee in the performance of any promise, covenant or agreement in this lease, Lessor may enforce the performance u: thi,
lease in any manner provided by law and this lease may be forfeited at Lessors discretion if such default continues for a period of three (3) days after Lessor
notifies said Lessee of such default and Lessor's intention to declare the lease forfeited, such notice to be sent by the Lessor by mail or otherwise to the said
Apartment; and at the end of said three-day period (unless the Lessee shall have completely removed or cured said default), this lease shall reme and come
to an end as if that were the day originally fixed herein for the expiration of the term hereof, and Lessor, its agent or attorney, shall have the right, without
further notice or demand, to reenter said Apartment and Lessee's storeroom and remove all persons and Lessees property therefrom without being deemel
guilty of any manner of L^espass, and without prejudice to any remedies for arrears cf rental or breach of covenant; or Lessor, its agent or attorney, may
resume possession of such premises and re -let the same for the remainder of the term at the best rental I—eisor, its agent or attorney, may obtain, for account
of the Lessee, who shall makegood any deficiency; and the Lessor shall have a lien as security for the rental aforesaid upon all the goods, wares, chattels,
fi"uea, furniture, and other personal property which are or may be put in the said Apartment or in Lessee's storeroom in the Apartment House, It, on
amount of breach or default by Lessee of any of Lessee's obligations hereunder, it shall become necessary for the Lessor to employ an attorney to enforce or
defend any of Lessor's rights or remedies hereunder, then, in any such event, any reasonable amount incurred by Lessor as attorney's fees shall be paid by
Lire. All past due rent shall bear interest at the rate of six percent (670 per annum.
(g) In the event the Lessee shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a
receiver of the Lessee shall be appointed, then, at the option of the Lessor and upon five (5) days' notice to the Lessee of the exercise of s
option, this lease shall cease and come to an end.
(ht . drgklingwyei►b ) �,IB ± {2tle p�l�{ gn, terr�r�..ppf hi-s. .Igass s a ��ii�i } Xdh t�{ ��e�yy 4r�_ enants an.
con itions herein provted, for successive terms equAT a iLi�e`rWeM: ;yi� 6ntal installment, at ZlMt' ?Z ekly—semi•
monthly --monthly).
(i I Lessee agrees that Lessee will abide by all reasonable rules and regulations, not contrary to the express provision of this lease, which Lessor
may promulgate from time to time for the protection of the building, for the orderly, quiet and dignified operation of the Apartment House, or
for the general welfare of Lessor's tenants as a whole, and which, in Lessor's judgment,may be necessary for the safety and cleanliness 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 Lessor's
tenants as a whole.
(j) Said Lessee agrees that all additions and improvements added to or made upon said premises by Lessee shall at once become the property of the Lessor
and be surrendered to it upon termination of the lease in any manner, but this paragraph shall not apply to the movable property and furniture of the Lessee.
Ik) If the Lessee shall fail to remove all effects from said premises upon termination of this lease for any cause whatsoever, the Lessor may at its option
remove the same in any manner that the Lessor shall choose and store said effects without liability to the Lessee, for loss thereof, and the Lessee agrees to pay
the Lessor on demand any and all expenses insured in such removal, including court costs and attorney's fees and storage charges on such effects for any
length of time and same shall be in the Lessor's possession, or the Lessor may at its option without notice sell said effects or any part of the same at private
sale and without legal process for such price as the Lessor may obtain and apply the proceeds of such sale upon any amounts due under this lease from the
lessee to the Lessor and upon the expense incident to the removal and sale of said effects.
(1) Other Provisions Applicable and a part of this lease:
M) Trash removal, snow removal and grounds maintenance is to be taken
cart, of by lessee and at the expense of lessee.
N) Lessee to nav 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) Not :More than three (3) persons to occupy the premises.
Receipt of $850.00 which represents las month's rent of $600.00 and
$250.00 performance deposit is herewith ack'nowledged. The first month's
rent will be due 'ay 1, 1977.
LFSSEE (All adult occupants must sign.
Parents list the names of all children.)
LESSOR
/��lgettt for LESSOR(