HomeMy WebLinkAboutcoa.lu.ec.E Hopkins Ave @ West End St.1981
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No. It-&l
CASELOAD SUMMARY SHEET
Ci ty of Aspen
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1. DATE SUBr1ITTED:--1jJ~ tgl
2. APPLICANT: LAwK.vlct. ~(,M.f\cld
STAFF:--.&I/tVI. Rta..~
3. REPRESENTATIVE:~~ Sti~~ , .
ZDl N. M,\\ 51. q},<; -87Ob
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4. PROJECT NAME: lAun~h1IUi<;li5l'>v6.CDf!lil\I"-'
5. LOCATION:_~si fi.d S.wf
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
~SUbdivision
$-Excepti on
Exemption
70:30
Residential Bonus
_____Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
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C>>d'6W\\t\;ll,^il~~
7. REFERRALS:
LAttorney
~Engineering Dept.
X-Housi ng
Water
____City Electric
Sanitation District ____School District
Fire Marshal _____Rocky Mtn; Nat. Gas
Parks _____State Highway Dept.
Holy Cross Electric _____Other
Mountain Bell
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8. REVIEW REQUIREMENTS:~\e.w ~q/ 3NJ.uldJ.{&y AMI ~ /4&:)
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9. DISPOSITI~ /
P & Z ~_ Approved /' Denied Date '1 (2/ t S I
1) The applicant's elimination of West End Street from
the plat or provision of a record of the West End
Street vacation.with documentation to the Engineering
Department and City Attorney that the street was
never platted.
2) The applicant's revision of the condominium plat prior
to review by City Council to correct the errors iden-
tified by the Engineering Department in t:ieir memoran-
dum dated March 10,1981; and
The applicant's agreement that the units shall be
restricted to six month minimum leases with no more
.than two shorter tenancies per year.
3)
4) The building shall be remodeled and all aspects of
it brought up to Code prior to the sale of the first
unit. Should the applicant fail to fully satisfy
th~ Building Department that all violations have been
eliminated, then the condominiumization is cancelled,
council-.L
Approved /
Denied
Date
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10. ROUTING:
Attorney
~Uilding
~ngineering
Other
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Laurilat Subdivision Exception (Condominiumization)
DATE: Apri 1 22, 1981
APPROVED AS TO FORM:
Zoning:
Location:
Lot Size:
App 1 i cant' s
Request:
Engi neering
Department
Comments:
Attorney's
Comments:
Building
Inspector's
Comments:
Planning Office
Recommendation:
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Lots K, Land M, Block 26, East Aspen Addition, and
a portion of the West End Street Right-of-Way (East
Hopkins at West End)
12,000 square feet
The applicant is requesting a subdivision exception
for the purposes of condominiumizing an existing 16
unit apartment complex located on East Hopkins Avenue
at West End Street. The applicant's reference in the
application to a subdivision exemption is not appropriate;
condominiumization has been interpreted by the City
Attorney as a subdivision exception procedure.
The Engineering Department, in a memorandum dated March
10, 1981, notes that the description of the subject pro-
perty includes a portion of West End Street. The
Engineering Department's records show no vacation of
West End Street in this area. If the applicant has a
record of this street vacation or if evidence is avail~
ab le that the street was never platted, then it shoul d
be provided to the Engineer.
The memorandum also indicates that the plat provided
as part of this application requires numerous corrections.
The applicant should make the corrections identified by
the Engineer prior to review of this application by
City Counci 1.
The City Attorney comments that the approval of this
application should be conditioned on compliance with
Section 20-22 of the Code. The applicant has provided
an Affidavit indicating that each unit is a studio apart-
ment of 280 square feet and that rentals charged for
these units for the last three years have exceeded the
employee housing guidelines of the City of Aspen.
Further, no tenants have been required to move from the
premises involuntarily within the preceding eighteen
months. Therefore, the approval of this request need
only be conditioned on the following:
The units shall be restricted to six month
minimum leases with no more than two shorter
tenancies per year.
The Building Inspector visited the property in question
and found numerous Code violations present in the building.
Following this inSpection, the applicant provided building
plans indicating that all violations found are to be
brought up to code as part of an overall remodeling of
the building prior to condominiumization.
The Planning Office recommends approval of the request
for the Laurilat Subdivision Exception for the purposes
of condominiumization, subject to the following conditions:
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Memo: Laurilat Subdivision
Page Two
April 22, 1981
P & Z Action:
Council Action:
Exception (Condominiumization)
1) The applicant's provlslon of a record of the West
End Street vacation or documentation to the Engineering
Department that the street was never platted;
2) The applicant's revision of the condominium plat prior
to review by City Council to correct the errors iden-
tified by the Engineering Department in their memoran-
dum dated March 10, 1981; and
3) The applicant's agreement that the units shall be
restricted to six month minimum leases with no more
than two shorter tenancies per year.
At their regular meeting of April 21,1981, the Aspen
Planning and Zoning Commission recommended that you approve
the applicant's request for subdivision exception. P & Z
added the following condition to the three recommended by
the Planning Office:
4) The building shall be remodeled and all aspects of
it brought up to Code prior to the sale of the first
unit. Should the applicant fail to fully satisfy
the Building Department that all violations have been
eliminated, then the condominiumization is cancelled.
At that meeting the applicant provided a deed from the City
of Aspen dated June 29, 1964 which transfers title to the
lot in West End Street west of block 26 to the appl icant,
P & Z therefore revised condition of their approval to read
as follows:
1) The applicant's elimination of West End Street from
the plat or provision of a record of the West End
Street vacation with documentation to the Engineering
Department and City Attorney that the street was
never platted,
The applicant has also provided a revised condominium plat
which meets the specifications of the Engineer.
Should Council concur with the Planning Office and P & Z
recommendation, the appropriate motion is as follows:
"I move to approve the Laurilat Subdivision Exception
subject to the following conditions:
1) The applicant's elimination of West End Street from
the plat or provision of a record of the West End
Street vacation with documentation to the Engineering
Department and City Attorney that the street was
never platted.
2) The applicant's agreement that the units shall be
restricted to six month minimum leases with no more
than two shorter tenancies per year,
3) The Building shall be remodeled and all aspects of
it brought up to Code prior to the sale of the first
unit. Should the applicant fail to fully satisfy
the Building Department that all violations have
been eliminated, then the condominiumization is
cancelled."
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AFFIDAVIT
The affiant being first duly sworn upon his oath,
deposes and says:
1. That he is the owner of certain real property
described as:
Lots K, Land M
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot in
West End Street West of said Block 26 in East Aspen
Addition in and to the City of Aspen, also referred
to as Lot West of Lot K in said Block 26, East Aspen
Addition in and to the City of Aspen, described as
follows:
"bounded on the North by the Northerly line of
Block 26 extended Westerly a distance of 30 feet;"
"bounded on the South by the Southerly line of
Block 26 extended Westerly a distance of 30 feet;"
"bounded on the East by the Westerly line of Lot
K in said Block 26, being a distance of 100 feet;"
"and bounded on the West by a line 30 feet Westerly
of and at all points parallel to the Westerly line
of said Lot K in Block 26."
which is presently improved with a 16 unit apartment building.
2. As indicated on the Condominium Plat submitted with
the Application for Exemption from Subdivision Regulations,
each unit is a studio apartment 280 sq. ft. in size.
3. That rentals charged for the last three years for
the premises are as follows:
First Floor
Second Floor
1977
1978
1979
1980
$245
$325
$360
$365
$265
$345
$380
$395
4. That no tenants have been required to move in-
voluntarily within the last preceeding eighteen months prior
to this application.
5. The affiant does not intend to sell any of the
units in the building to any employer or group of employers
who intend to rent the units to their employees.
6. All of the requirements of ~20-22(a) have been com-
plied with prior to the Application for Exemption.
FURTHER THE AFFIANT SAYETH NOT.
Dated this 1Jt day of February,
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
The foregoing Affidavit was subscribed and sworn to
before me this il- day of February, 1981, by Lawrence Rosenfield.
WITNESS my hand and official seal.
My commission expires: 'f'-/</-P')"
(SEAL)
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Notary Public
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Request for Exemption from Subdivision Regulations
Request is hereby made on behalf of Lawrence Rosenfield
(hereinafter referred to as "Applicant") under ~20-19{a) of
the City of Aspen Municipal Code, Subdivision Regulations,
for an exemption from definition of the term subdivision
with respect to the following real property:
Lots K, Land M
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot in
West End Street West of said Block 26 in East Aspen
Addition in and to the City of Aspen, also referred
to as Lot West of Lot K in said Block 26, East Aspen
Addition in and to the City of Aspen
It is submitted that the requested exemption is ap-
propriate. This application involves the condominiumization
of an existing 16 unit apartment building located on the
subject property. This condominiumization creates con-
ditions whereby strict compliance with subdivision regu-
lations would deprive the applicant of the reasonable use
of his land. If an exemption is granted, the owners of the
property will have a common interest in the land and there
will be a Condominium Declaration, By-Laws and Articles of
Incorporation applicable to the property which will not in
any way increase the land use of the property. An exemption
in this case will not conflict with the intent and purpose
of the subdivision regulations which are directed to assist
the orderly, efficient and integrative development of the
City of Aspen to insure the proper distribution of popula-
tion, to coordinate the need for public services and to
encourage well planned subdivision.
The granting of this application will not undermine the
intent of subdivision regulations and it is clearly within
the area intended for exemption under ~20-19{a) of the City
of Aspen Municipal Code. The building is already in ex-
istence and there will be no change in density which is
presently compatible with the zone density for the property.
As set forth in the affidavit attached hereto, the units in
the building have historically been rented at a rate in
excess of the current guidelines for low and moderate income
housing as set forth in Resolution 18 (series of 1978) of
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the City Council of the City of Aspen. The affidavit at-
tached hereto presents evidence that the approval of this
application will not reduce the supply of low and moderate
income housing. Applicant agrees upon condominiumization
approval to restrict the rental of said units to periods of
not less than six successive months (or in the alternative
to not more than twice for short term periods within any
calendar year) .
Applicant would appreciate your consideration of this
application at your next regular meeting.
SACHS, KLEIN & SEIGLE
avid Sel.gle
tto ney for
Lawrence Rosenfield
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ARTICLES OF INCORPORATION
OF
THE LAURILAT CONDOHINIut' ASSOCIATION, I1IC.
The undersigned, acting as incorporator of a cor-
poration under the Colorado Non-Profit Corporation hct,
adopts the following ~rticles of Incorporation for said
corporation.
ARTIcr,E I
Name
The name of the corporation shall be: LAURILAT
CONDQt.lINIUM ASSOCIATION, INC.
ARTICLE II
Duration
The period of duration of the corporation shall be
perpetual.
ARTIcr,E III
Non-Profit Purpose
The corporation is formed exclusively for purposes
for which a corporation may be formed under the Colorado
Non-Profit Corporate Act (hereinafter referred to as "Act")
and not to distribute income or profit to its members,
directors, or officers except to the extent permitted under
the Act.
ARTICLE IV
Purposes
The purposes for which the corporation is or-
ganized are as follows:
A. To be and to constitute the Association
referred to in the Condominium Declaration for the Lauri1at
Condominiums (hereinafter referred to as "Declaration"),
said Declaration to be executed by Lawrence Rosenfield,
owner of the property described therein, and to be recorded
in the office of the County Clerk and Recorder of Pitkin
County, Colorado, said Declaration relating to a condominium
ownership development (hereinafter referred to as "Development"),
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said Development to be created pursuant to the Colorado
Condominium Ownership Act and to be located in pitkin
County, Colorado.
B.
exercise the
forth in the
To perform the obligations and duties
ri~hts and powers of the Association as
Declaration.
and to
set
c. To provide an entity for the establishment
and maintenance of the Development as prime residential
condominiums of the highest quality and value and further to
do all things necessary and proper to enhance and protect
its value, desirability and attractiveness.
ARTICLE V
Powers
In furtherance of its purposes, the corporation
shall have the following powers:
A. All those powers conferred on non-profit cor-
porations under the Act.
B. All those powers necessary to perforn obliga-
tions and duties and to exercise the rights and powers of
the Association as set forth in the Declaration.
C. To do everything necessary, suitable or
proper for the accomplishment of any of its non-profit
corporate purposes, including, but without limitation
thereto, the following:
1. To make and collect assessments whether
annual, special or otherwise against members for the purpose
of defraying the costs, expenses and losses, if any, of the
corporation.
2. To manage, control, operate, maintain,
repair, and improve common elements, as defined in the
Colorado Condominium Ownership Act and the Declaration.
3. To enforce covenants, restrictions or
conditions affecting any property to the extent this corpor-
ation may be authorized under thc Declaration or otherwise.
4. To make and cnforce rules and re-
gulations with respect to the use of property in the Development.
5. To engage in activities and endeavors
which may now or hereafter be allowed or permitted by law to
actively foster, promote and advance the common interests of
owners of condominium units within the Development.
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I1RTICT~E VI
rlemherships
A. This corporation shall be a membership r::orpora-
tion without certificates or shares of stock. There shall
be one membership in the corporation for each condominium
unit as defined in the Declaration so existing from time to
time in the Development. No person or entity other than an
owner as defined in the Oec1aration may be a member of the
corporation. There shall be one vote for each condominium
unit on all matters on which members are entitled to vote.
B. The owner or owners of a condominium unit
shall hold and share a membership in that unit in the same
proportional interest and by the same type of tenancy as the
title to that condominium unit so owned is held.
C. The corporation may suspend any owner's
voting rights in the Association during any period or
periods during which such Owner fails to comply with any
rules or regulations of the corporation or with any other
obligation of the owner of the condominium unit under the
Declaration.
D. II membership in the corporation and the
shares of a member in the assets of the corporation shall
not be assigned, encumbered or transferred in any manner
except appurtenant to transfer of title to a condominium
unit to which the membership pertains, provided, however,
that the rights of membership may be assigned to the holder
of a mortgage, deed of trust, or other security instrument
on a condominium unit as further security for a loan secured
by a lien on such condominium unit. A transfer of member-
ship shall occur automatically upon transfer of title to the
condominium unit to which the membership pertains, provided,
however, that the By-Laws of the corporation may contain
reasonable provisions and requirements with respect to re-
cording such transfers on the books and records of the cor-
poration.
E. Members shall have no preemptive right to
purchase other condominium units or the memberships appur-
tenant thereto, except as provided in the Declaration.
F. The By-Laws may contain provisions not incon-
sistent with the foregoing setting forth the rights, privi-
leges, duties and responsibilities of the members.
ARTICLE VII
Board of Oirectors
A. The business and affairs of the corporation
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shall be conducted, managed and controlled by a Board of
Directors.
B. The Board of Directors shall consist of not
fewer than three members, the specific number to be set
forth from time to time in the By-Laws of the corporation.
A change in these limits shall be made only by amendment to
these Articles of Incorporation. No decrease in the number
of directors shall have the effect of shortening the term of
any incumbent director. In the absence of any provision in
the By-Laws, the Board shall consist of three members.
C. rlembers of the Board of Directors shall serve
for a one-year term and be elected at the annual meeting of
the members in the manner provided in the By-Laws. In all
elections for directors, cumulative voting shall be re-
quired.
D. The Board of Directors, by resolution adopted
by a majority of the directors in office, may create an
Executive Committee and the persons who shall be members
thereof shall be determined by the Board of Directors,
consistent with applicable law. Except to the extent
limited by resolution of the Board of applicable law, the
Executive Committee shall have the right to exercise all the
authority of the Board of Directors.
E. The initial Board of Directors shall consist
of the following three directors:
Larry Rosenfield
81612
P.O. Box 2598
Aspen, Colorado
Barney Oldfield
81611
900 E. Hopkins
Aspen, Colorado
such directors shall serve for the period of
time commensurate with the designated group as specified in
the By-Laws and until their respective successors are duly
elected and qualified.
ARTICLE VIII
Officers
The Board of Directors may appoint a President,
one or more Vice Presidents, a Secretary, a Treasurer and
such other officers as the Board of Directors believes will
be in the best interests of the corporation. The officers
shall have such duties as may be prescribed in the By-Laws
of the corporation and shall serve at the pleasure of the
Board of Directors.
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APTICLE IX
Initial Registered Office and Agent
The initial registered office of the corporation
shall be 900 E. Hopkins, Aspen, Colorado. The initial
registered agent at such address shall be Barney Oldfield.
ARTICJ"E X
Incorporator
The incorporator of this corporation is Jon David
Seigle, Esq. and his address is 201 North Mill Street,
Aspen, Colorado 81611.
ARTICLE XI
Amendments
Amendments to these Articles of Incorporation may
be adopted in the manner set forth in the By-Laws or in the
absence thereof as provided by the Act, provided, however,
that no amendment to the Articles of Incorporation shall be
contrary to or inconsistent with any provisions of the above
mentioned Declaration.
ARTICLE XII
Contracts with Directors
The following provision is inserted for the
management of the business and for the conduct of the
affairs of the corporation, and the same is in furtherance
of and not in limitation or exclusion to any power conferred
by these Articles or by the law. No contract or other
transaction of the corporation with any person, shall be
affected or invalidated by: (i) the fact that anyone or
more of the directors or officers of this corporation is
interested in or is a director or officer of another
corporation; or (ii) the fact that any director or officer,
individually or jointly with others, may be a party to or
may be interested in any such contract or transaction. Each
person who may become a director or officer of the corpora-
tion is hereby relieved from any liability that might other-
wise arise by reason of his contracting with the corporation
for the benefit of himself or any firm or corporation in
which he may be in any way interested.
Signed in duplicate originals this ___ day of
, 1981.
Jon David Seigle
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STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before
me this ___ day of , 1981, by JON DAVID
SEIGLE.
WITNESS my hand and official seal.
My commission expires:
Notary Public
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CONDmlINIUH DECLARATION
FOR
THE LAURILAT CONDOMINIUMS
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, Larry Rosenfield (hereinafter called
"Dec1arant") is the owner of that real property situated in
the County of Pitkin, State of Colorado, More fully described
in Exhibit A attached hereto and made a part hereof.
WHEREAS, Declarant desires to establish a condo-
minium project on said property under the Condominium Owner-
ship Act of the State of Colorado; and
WHEREAS, Declarant does hereby establish a plan
for the separate fee simple ownership of real property
estates consisting of the area or space contained in each of
the air space Units in the building improvements and the
co-ownership by the individual and separate owners thereof,
as tenants in common, of all of the remaining property
hereinafter defined and referred to as the General Common
Elements. II
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, uses, restrictions, limitations and obligations
shall be deemed to run with the land encompassing the Pro-
perty and shall be a burden upon and a benefit to Declarant,
its grantees, successors or assigns, and any person or
entity acquiring or owning an interest in the real property
and improvements thereon which is subject to this declara-
tion, their grantees, successors, heirs, executors, devisees
or assigns.
1. Definitions: Unless the context shall expressly
provide otherwise, the following definitions shall apply:
1.1 Unit means an individual air space which is
contained in an enclosed room or rooms occupying all or part
of a floor or floors in a Building, as hereinafter defined,
and is identified thereon with a number, designated on
Exhibit B attached hereto. The exact boundaries of a Unit
are the interior unfinished surfaces of the walls, floors,
ceilings which mark the perimeter boundaries thereof and
where found along such walls, floors, and ceilings the
interior surfaces of built-in fireplaces with their flues in
their closed position and windows and doors in their closed
position: and the Unit inlcudes both the portions of the
Building so described, the air space so encompassed and
together with all fixtures and improvements therein contained
but not any General Common Elements which may be within a
Uni t.
1.2 Condominium Unit means the fee simple interest
and title in and to a Unit together with the undivided
percentage interest in the general common elements and the
appurtenant limited common elements and all other rights and
burdens created by this declaration.
1.3 General Common Element means all of the Pro-
ject, as hereinafter defined, except the portions thereof
which constitute Units, and also means all parts of a Build
ing or any facilities, improvements and fixtures which may
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be within a Unit which are or Day be necessary or convenient
to the support, existence, use, occupation, operation, main-
tenance, repair or safety of a Building or any part thereof
or any other unit therein.
without limiting the generality of the fore-
going, the following shall constitute General Common Elements:
(i)
part of the Property
on the Property;
all of the land and easements which are
and all bui1ding(s) which may be located
(ii) all foundations, columns, girders, beams
and supports of a Building;
(iii) all deck or yard areas, porches, storage
lockers or areas, balconies, patios, fireplaces, doors,
windows, carports and parking spaces (subject to specific
designation for individual Owner use as Limited Common Ele-
ments, as hereinafter defined and provided);
(iv) the exterior walls of a Building, the
main or bearing walls within a Building, the main or bearing
subf100ring and the roofs of a Building;
(v) all entrances, exits, vestibules, halls,
corridors, lobbies, lounges, linen rooms, laundry rooms,
locker rooms, shower and dressing rooms, kitchen facilities,
exercise rooms, saunas, whirlpools, steam baths, stairs,
stairways and fire escapes, if any, not within any Unit;
(vi) all offices (except as otherwise pro-
vided herein), utility, service and maintenance rooms,
space, fixtures, apparatus, installations and central facil-
ities for power, light, gas, telephone, television, hot
water, cold water, heating, refrigeration, air conditioning,
trash, incineration, or similar utility, service or mainte-
nance services, including furnaces, tanks, pumps, motors,
fans, compressors, flues, vents, similar fixtures, apparatus,
installations and facilities; and
(vii) all other parts of the Project necessary
in common use or convenient to its existence, maintenance
and safety.
1.4 Limited Common Elements means those parts of
the general common elements which are either limited to or
reserved for the exclusive use of the owners of one or more,
but less than all, of the condominium units.
1.5 Condominium proiect means all of the land and
improvements initially and subsequently submitted by this
declaration.
1.6 Common Expenses means and includes:
(i) all sums lawfully assessed against the
Owners by the Board, as hereinafter defined;
(ii) expenses of administration, maintenance,
repair or replacement of the General Common Elements, as
hereinafter defined;
(iii) expenses declared Common Expenses by
provisions of this declaration and the By-Laws; and
(iv) expenses agreed upon as Common Expenses
by a vote of the Owners representing an aggregate ownership
interest of at least fifty-one percent of the General Common
Elements.
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1.7 Association of unit Owners or Association
means The Laurilat Condominiu~ Association, Inc., a
Colorado corporation not for profit, its successors and
assigns, the Articles of Incorporation and By-Laws of which
along with this declaration shall govern the administration
of this condominium project, the members of which shall be
all of the owners of the condominium units.
1.8 Building means one or more of the building
improvements containing units as shown on the Map or amend-
ments and supplements thereto erected within the Condominium
project.
1.9 Map or Supplemental Map means and includes
the engineeering survey of the land locating thereon all of
the improvements, the floor and elevation plans and any
other drawing or diagrammatic plan depicting a part of or
all of the improvements and land.
1.10 Owner means a person, persons, firm, corpora-
tion, partnership, association, or other legal entity or any
combination thereof, who own(s) an interest in one or more
condominium units.
1.11 Mortgage means any recorded mortgage deed of
trust, or any other recorded security instrument by which a
condominium unit or any part thereof, or owner's interest
therein, is encumbered and mortgagee shall include any
grantee, beneficiary or assignee of a mortgage.
1.12 Common Surplus means the excess of all receipts
of the Association, including, but not limited to, assessments,
rents, profits and revenues on account of the common elements
over the amount of the common expenses.
1.13 Board of Directors or Board means the governing
body of the Association.
1.14 Managing Agent means the person employed by
the Board to perform the management and operational functions
of the Project.
1.15 By-Laws means the by-laws of the Association.
1.16 Articles means the articles of incorporation
of the Association.
1.17 Guest means any agent, employee, tenant,
guest, licensee or invitee of an Owner.
1.18 Declarant means the Declarant named herein
and such successor or successors as may be designated here-
after by Declarant by written notice duly recorded.
1.19 Declaration means this Declaration together
with any supplement or amendment hereto recorded in the
office of the Clerk and Recorder of pitkin County, Colorado.
2. Map. There shall be filed for record in the
County of Pitkin, Colorado, a map, hereinafter referred to
as the "Map," which Map may be filed in whole or in part,
depicting thereon:
(a) The legal description of the Property;
(b) The name and general location of the Project;
(c) The linear measurements and location, with
reference to the exterior boundaries of said land, of the
Building(s) and all improvements built on said land;
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(d) Floor plans and elevation plans of the Rui1d-
ing(s) showing the location, the designation and the linear
dimensions of each Unit, and the designation of certain of
the Limited Common Elements;
(e) The elevations of the unfinished interior
surfaces of the floors and ceilings as established from a
datum plan, and the linear measurements showing the thick-
ness of the perimeter and common walls of the Building.
The Map, and any supp1ement(s) thereto, shall con-
tain the statements of (i) the Declarant, submitting the
Property to the provisions of this Declaration; and (ii) an
engineer and a registered land surveyor certifying that the
Map fully and accurately depicts the layout, measurements
and location of all of the Bui1ding(s) and improvements, the
unit designations, the dimensions of such Units and the ele-
vations of the floors and ceilings. Declarant hereby reserves
unto itself and the Board, the right, from time to time,
without the consent of any Owner being required, to amend
the Map and supp1ement(s) thereto, to conform the Map to the
actual location of any of the constructed improvements, to
establish, vacate and relocate utility easements, access
road easements and carports or parking spaces, and to esta-
blish certain General Common Elements as Limited Common
Elements.
In interpreting any and all provisions of this
Declaration or the By-Laws, subsequent to deeds to and/or
Mortgages of Condominium Units, the actual location of a
Unit shall be deemed conclusively to be the property intended
to be conveyed, reserved or encumbered, notwithstanding any
minor deviations from the location of such Unit indicated on
the 11ap.
3. Division of Property into Condominium Units.
The real property is hereby divided into the following fee
simple estates, each such estate consisting of the separately
designated units and the undivided interest in and to the
general common elements appurtenant to each unit as is set
forth on the attached Exhibit B, which by this reference is
made a part hereof. Each such unit shall be identified on
the Map by number and building symbol as shown on Exhibit B.
4. Right to Combine units. Declarant hereby
reserves the right to physically combine the area or space
of one unit with the area or space of one or more adjoining
Units; provided, however, that Declarant shall not exercise
said right without the written consent of any first r~ortgagee
having an interest in said Units. In the event of any such
physical combining of Units to create a combined Unit, such
combined Unit shall also include the combining of the fixtures
and improvements and of the undivided interests in General
Common Elements appurtenant to the Units so combined.
Declarant hereby reserves the right to designate and convey
to any purchaser of any such combined Unit, as additional
Limited Common Elements appurtenant thereto, any walls,
floors or other structural separations between the Units so
combined, or any space which would be occupied by such
structural separations but for the combination of such
Units; provided, however, that such walls, floors or other
structural separations or such space shall automatically
become General Common Elements and shall no longer be Limited
Common Elements if the combined Units become subject to
separate ownership in the future. This reserved right of
Declarant shall terminate upon the conveyance by Declarant
of all the Condominium Units within the Project or
December 31, 1999, whichever event first occurs.
5. Limited Common Elements. Subject to the
definition thereof, the Limited Common Elements shall be
identified herein or on the r.lap and designated as appurte-
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nant to a particular Condominium Unit herein or on the Map
or in a deed from the Declarant. Any door, window, balcony,
porch, patio or fireplace which is accessible from, associated
with and/or which adjoin(s) a unit and deck or yard areas,
carports, parking spaces and storage lockers or areas identified
as Limited Common Elements on the Map and designated as
appurtenant to a particular Condominium Unit, shall, without
further reference thereto, be used in connection with the
unit to which it is appurtenant to the exclusion of the use
thereof by the other Owners, except by invitation.
6. Inseparability of a Condominium unit. Each
Unit, the appurtenant Limited Common Elements and the undi-
vided interest in the General Common Elements appurtenant
thereto shall together comprise one condominium unit, shall
be inseparable and may be conveyed, leased, encumbered,
devised or inherited only as a Condominium Unit.
7. Description of a Condominium Unit.
(a) Every deed, lease, Mortgage, will or other
instrument shall legally describe a Condominium Unit by its
identifying Condominium unit number (and Building designa-
tion, if appropriate) followed by the words liThe Laurilat
Condominiums," in accordance with and subject to the Decla-
ration of Covenants, Conditions and Restrictions of the
The Lauri1at Condominiums, recorded on
19 , in Book at Page (Reception No. ),
an~Map recorded on , 19 in Book
at Page , County of pitkin, Colorado records.
Every such description shall be deemed good and sufficient
for all purposes to sell, convey, transfer, encumber or
otherwise affect not only the Unit but also the General
Common Elements and the right to the use of the Limited
Common Elements appurtenant thereto. Each such description
shall be construed to include: a non-exclusive easement
for ingress and egress throughout and for use of the General
Common Elements which are not Limited Common Elements; the
right to the exclusive use of the appurtenant Limited Common
Elements; and the other easements, obligations, limitations,
rights, encumbrances, covenants, conditions and restrictions
created in this Declaration. The undivided fee simple
interest in the General Common Elements appurtenant to any
Condominium unit shall be deemed conveyed or encumbered with
that Condominium Unit, even though the legal description in
the instrument conveying or encumbering said Condominium
Unit may only refer to the title to that Condominium unit.
(b) The reference to the Map and Declaration
in any instrument shall be deemed to include any supp1ement(s)
or amendment(s) to the Map or Declaration, without specific
reference(s) thereto.
8. Separate Assessment and Taxation - Notice to
Assessor. Declarant shall give written notice to the asses-
sor of Pitkin County, Colorado, of the creation of condo-
minium ownership of this property, as is provided by law, so
that each unit and the undivided interest in the General
Common Elements appurtenant thereto shall be deemed a parcel
and subject to separate assessment and taxation. In the
event that for a period of time any taxes or assessments are
not separately assessed to each unit owner, but are assessed
on the property as a whole, then each unit owner shall pay
his proportionate share thereof in accordance with his
percentage ownership of the General Common Elements.
9. Ownership - Title. A Condominium Unit may be
held and owned by more than one person as joint tenants or
as tenants in common, or in any real property tenancy rela-
tionship recognized under the laws of the State of Colorado.
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10. No Partition. The General Common Elements
shall remain undivided, and no Owner or any other person
shall bring any action for partition or division of the
General Common Elements. Similarly, no action shall be
brought for partition of a Unit or a Condominium Unit between
or among the Owners thereof. Each Owner hereby expressly
waives any and all such rights of partition he may have by
virtue of his ownership of a Condominium Unit.
11. The Use of General and Limited Common Elements.
Each Owner shall be entitled to exclusive ownership and
possession of his unit. Each Owner may use the General and
Limited Common Elements in accordance with the purpose for
which they are intended, without hindering or encroaching
upon the lawful rights of the other Owners, subject to such
reasonable rules and regulations as may, from time to time,
be established pursuant to the By-Laws of the Association.
12. Use and Occupancy.
12.1 Each residential unit shall be used and
occupied for residential purposes only by the owner, or by
the owner's family, guests, invitees and tenants, subject to
the provisions of this Declaration.
12.2 No industry, business, trade, occupation or
profession of any kind, commercial, religious, educational
or otherwise, designated for profit, altruism, exploration,
or otherwise, shall be conducted, maintained, or permitted
in or on any residential unit. Lease or rental of a resi-
dential unit for lodging or residential purposes shall not
be considered to be a violation of this covenant, nor shall
the operation of a rental management company for units be
considered a violation of this covenant. No "For Sale" or
"For Rent" signs, advertising or other displays shall be
maintained or permitted on any part of the property except
at such location and in such form as shall be approved by
the Board or the managing employee. The right is reserved
by the Declarant, or its agent or agents, to place "For
Sale" or "For Rent" signs on any unsold or unoccupied units,
and on any part of the general common elements, and the
right is hereby given to any mortgagee, who may become the
owner of any unit, to place such signs on any unit owned by
such mortgagee. So long as any unit is owned by it, the
Declarant shall be entitled to access, ingress and egress to
the building and the property as it shall deem necessary in
connection with the construction or sale of the building or
any unit. The Declarant shall have the right to use any
unsold unit or units as a model or for sales or display
purposes.
12.3 There shall be no obstruction of the general
common elements nor shall anything be stored in the general
common elements without the prior consent of the Hoard of
Directors except as herein expressly provided.
12.4 Nothing shall be done or kept in any unit or
in the general common elements which will increase the rate
of insurance on the building, or contents thereof, without
the prior written consent of the Board of Directors. No
owner shall permit anything to be done or kept in his unit
or in the CJeneral common elements ~lhich will result in ,the
cancellation of insurance on the building, or contents'
thereof, or which would be in violation of any law. No
waste shall be committed on the general common elements.
12.5 Owners shall not cause or permit anything to
be hung or displayed on the outside of windows or placed on
the outside walls of the building and no sign, awning,
canopy, shutter, radio or television antenna shall be affixed
to or placed upon the exterior walls or roof or any part
thereof, without the prior consent of the Board of Directors.
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12.6 No animals, rabbits, livestock, fowl or
poultry of any kind shall be raised, bred, or kept in any
unit or in the general common elements, unless the Board of
Directors by rule or regulation provides otherwise.
12.7 No noxious or offensive activity shall be
carried on in any unit or in the general common elements,
nor shall anything be done therein, either willfully or
negligently, which may be or become an annoyance or nuisance
to the other owners or occupants.
12.8 Nothing shall be done in any unit or in, on
or to the general common elements which will impair the
aesthetic, structural or design integrity of the building or
which would structurally change the building except as
otherwise provided herein, nor shall anything be altered or
constructed in or removed from the general common elements
except as otherwise herein provided or otherwise permitted
by the Association.
12.9 No clothes, sheets, blankets, laundry, or any
kind of other articles shall be hung out or exposed on any
part of the general common elements. The general common
elements shall be kept free and clear of rubbish, debris and
other unsightly materials.
12.10 There shall be no playing, lounging, parking
of baby carriages or playpens, bicycles, wagons, toys, vehi-
cles, benches, chairs or other personal property on any part
of the general common elements without the prior consent of,
and subject to the regulations of, the Association.
12.11 Each owner hereby waives and releases any and
all claims which he may have against any other owner, the
Association, the officers, and members of the Board, the
Declarant, the managing employee, and their respective
officers, employees, and agents, for damages to the general
common elements, the units, or to any personal property
located in the units or general common elements, caused by
fire or other casualty, to the extent that such damage is
covered by fire or other form of casualty insurance.
12.12 If, due to the act or neglect of an owner, or
of a member of his family or of a guest, tenant, invitee, or
other authorized occupant or visitor of such owner, damage
shall be caused to the general common elements or to a unit
or units owned by others, or to any boiler room, heating
unit, pipes, ducts, apparatus or equipment or maintenance,
repairs or replacements shall be required which would other-
wise be at the common expense, then such owner shall pay for
such damages and such maintenance, repairs and replacements,
as may be determined by the Board, to the extent not covered
by insurance.
12.13 No owner shall overload the electric wiring
in the building, or operate any machines, appliances, acces-
sories or equipment in such manner as to cause, in the
judgment of the Board, an unreasonable disturbance to others.
13. Easements.
(al Association Rights: The Association,
the Board and the Managing Agent shall have a non-exclusive
right and easement to make such use of and to enter into or
upon the General Common Elements, the Limited Common Elements
and the Units as may be necessary or appropriate for the
performance of the duties and functions which they are
obligated or permitted to perform under this Declaration.
(b) Owners' Easements for Access, Support
and Utilities: Each Owner shall have a non-exclusive ease-
ment for access between his Unit and the roads and streets
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adjacent to the Project and the roads, streets and driveways
in the Project, over and on the halls, corridors, stairs,
walks, bridges and exterior access and other easements which
are part of the General Common Elements. Each Owner shall
have a non-exclusive easement in, on and over the General
Common Elements within the Unit of another Owner, for hori-
zontal and lateral support of the Unit which is part of his
Condominium Unit, for utility service to that Unit, including
but not limited to, water, sewer, gas, electricity, telephone
and television service and for the release of smoke, arising
from any fireplace within a Unit, through the flue leading
therefrom.
(c) If any portion of the General Common
Elements encroaches or shall hereafter encroach upon a Unit,
a valid easement for the encroachment and for the maintenance
of same, so long as it stands, shall and does exist. If any
portion of a Unit now or hereafter encroaches upon the
General Common Elements or upon another Unit, the Owner of
that Unit shall and does have a valid easement for the
encroachment and for the maintenance of same, so long as it
stands, shall and does exist. For title or other purposes,
such encroachments and easements shall not be considered or
determined to be encumbrances either on Common Elements or
on a Condominium Unit. Encroachments referred to herein
include, but are not limited to, encroachments caused by
error in the original construction of the Bui1ding(s), by
error in the Map, by settling, rising or shifting of the
earth, or by changes in position caused by repair or recon-
struction of the Project or any part thereof.
(d) Easements in Units for Repair, Maintenance
and Emergencies: Some of the General Common Elements are or
may be located within a Unit or may be conveniently accessible
only through a particular Unit. The Association, Board and
Managing Agent and each Owner shall have an easement, which
may be exercised for any Owner by the Association, the Board
or the Managing Agent, as his agent, for access through each
Unit and to all General Common Elements, frOM time to time,
during such reasonable hours as may be necessary for the
maintenance, repair or replacement of any of the General
Common Elements located therein or accessible therefrom or
for making emergency repairs therein necessary to prevent
damage to the General Common Elements or to another Unit, or
for making repairs or replacements pursuant to Paragraph 17
hereafter. Damage to the interior or any part of a Unit
resulting from the maintenance, repair, emergency repair or
replacement of any of the General Common Elements, or as a
result of emergency repairs within another Unit, at the in-
stance of the Association, the Board or the Managing Agent,
shall be a Common Expense of all of the Owners. No diminu-
tion or abatement of Common Expense assessments shall be
claimed or allowed for inconvenience or discomfort arising
from the making of repairs or improvements or from action
taken to comply with any law, ordinance or order of any
governmental authority. Restoration of the damaged improve-
ments shall be substantially the same as the condition in
which they existed prior to the damage. Notwithstanding the
foregoing, if any such damage is the result of the care-
lessness or negligence of any Owner, then such Owner shall
be solely responsible for the costs and expenses of repairing
such damage.
(e) Easements Deemed Appurtenant: The ease-
ments, uses and rights herein created for an Owner shall be
appurtenant to the Condominium Unit of that Owner and all
conveyances of and other instruments affecting title to a
Condominium Unit shall be deemed to grant and reserve the
easements, uses and rights as are provided for herein, even
though no specific reference to such easements, uses and
.~ights appears in any such conveyance.
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(f) Emergency Easement: A non-exclusive
easement for ingress and egress is hereby granted to all
police, sheriff, fire protection, ambulance and other similar
emergency agencies or persons, now or hereafter servicing
the Project, to enter upon all streets, roads and driveways
located in the Project, and upon the Property, in the perform-
ance of their duties.
14. Liens Against Condominium Units -- Removal From
Lien -- Effect of Part Payment.
(a) No labor performed or materials furnished
and incorporated in a Unit with the consent or at the request
of the Owner thereof or his agent or his contractor or sub-
contractor shall be the basis for the filing of a lien pur-
suant to law against the Condominium Unit or other property
of any other Owner not expressly consenting to or requesting
the same, except that express consent shall be deemed to be
given by the Owner of any Condominium Unit to the Managing
Agent or the Board in the case of emergency repairs. Labor
performed or materials furnished for the General Common
Elements, if duly authorized by the Managing Agent or the
Board of Directors in accordance with the Declaration or
By-Laws, shall be deemed to be performed or furnished with
the express consent of each Owner and shall be the basis for
the filing of a lien pursuant to law against each of the
Condominium Units in the Project.
(b) In the event a lien is effected against
two or more Condominium Units, the Owners of the separate
Condominium Units may remove their Condominium Units from
said lien by payment of the fractional or proportional
amount attributable to each of the Condominium Units affected.
Individual payment shall be computed by reference to the
percentages appearing in this Declaration. Subsequent to
payment, discharge or other satisfaction, the Condominium
unit shall be released from the lien paid, satisfied or
discharged. Partial payment, satisfaction or discharge
shall not prevent the lienor from proceeding to enforce his
rights against any Condominium Unit not so released or
discharged.
(c) Each Owner shall indemnify and hold
harmless each of the other Owners from and against the lia-
bility or loss arising from the claim of any lien against
the Condominium Unit of the Owner, or any part thereof, for
construction performed or for labor, materials, services, or
other products incorporated in or otherwise attributable to
the Owner's Unit at such Owner's request. At the written
request of any Owner, the Association shall enforce such
indemnity by collecting from the Owner of the Condominium
Unit on which the labor was performed or materials furnished
the amount necessary to discharge any such lien and all
costs incidental thereto, including reasonable attorney's
fees. If not promptly paid, the Association may proceed to
collect the same in the manner provided herein for collec-
tion of assessments for the purpose of discharging the lien.
15. The Association.
(a) General Purposes and Powers. The Associ-
ation, through the Board or the Managing Agent, shall perform
functions and hold and manage property as provided in this
Declaration so as to further the interests of Owners of
Condominium Units in the Project. It shall have all powers
necessary or desirable to effectuate such purposes.
(b) Membership: The Owner of a Condominium
Unit shall automatically become a member of the Association.
Said membership is appurtenant to the Condominium Unit of
~aid Owner and the ownership of the membership for a Condo-
minium Unit shall automatically pass with fee simple title
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to the Condominium Unit. Each Owner shall automatically be
entitled to the benefits and subject to the burdens relating
to the membership for his Condominium Unit. If the fee
simple title to a Condominium Unit is held by more than one
person, each Owner of a Condominium Unit shall be a member
of the Association. Memberships in the Association shall be
limited to Owners of Condominium Units in the Project.
(c) Board of Directors: The affairs of the
Association shall be managed by a Board of Directors which
may by resolution delegate any portion of its authority to
an executive committee, or to a director or ~lanaging Agent
for the Association. There shall be not less than three nor
more than five members of the Board of Directors, the specific
number to be set forth from time to time in the By-Laws, all
of whom shall be Owners elected by Owners. Regardless of
the number of members of the Board of Directors, the terms
of at least one-third of such Board shall expire annually.
Notwithstanding anything to the contrary provided for herein,
however, until Declarant has conveyed 100% of the Condominium
Units in the Project or until December 31, 1983, whichever
event shall first occur, the members of the Board of Directors
shall be appointed by Declarant, its successors or assigns.
(d) Voting of Owners: The Owner or Owners
of each Condominium Unit shall be entitled to one vote for
each such Condominium Unit owned by said Owner or Owners.
(e) By-Laws and Articles: The purposes and
powers of the Association and the rights and obligations
with respect to Owners set forth in this Declaration may and
shall be amplified by provisions of the Articles and By-Laws
of the Association.
16. Certificate of Identity. There shall be
recorded from time to time a certificate of identity which
shall include the addresses of the persons then comprising
the management body (Directors and Officers) together with
the identity and address of the Managing Agent. Such certi-
ficate shall be conclusive evidence of the information con-
tained therein in favor of any person relying thereon in
good faith regardless of the time elapsed since the date
thereof. The first such certificate shall be recorded on or
before December 31, 1982.
17. Owners' Maintenance Responsibility of Unit,
Balconies, Parking, and Storage Areas. For purposes of
maintenance, repair, alteration and remodeling, an Owner
shall be deemed to own the interior non-supporting walls,
the materials (such as, but not limited to, plaster, gypsum
dry wall, paneling, wallpaper, paint, wall and floor tile
and flooring, but not including the sub-flooring) making up
the finished surfaces of the perimeter walls, ceilings and
floors within the Unit, including the Unit doors and windows.
The Owner shall not be deemed to own lines, pipes, wires,
conduits, or systems (which for brevity are herein and
hereafter referred to as utilities) running through his Unit
which serve one or more other Units except as a tenant in
common with the other Owners. Such utilities shall not be
disturbed or relocated by an Owner without the written
consent and approval of the Board of Directors. Such right
to repair, alter and remodel is coupled with the obligation
to replace any finishing or other materials removed with
similar or other types or kinds of materials. An Owner
shall maintain and keep the interior of his own Unit in good
taste and repair, including the fixtures thereof. All
fixtures and equipment installed within the Unit commencing
at a point where the utility lines, pipes, wires, conduits
or systems (which for brevity are hereafter referred to as
"uti1ities") enter the Unit shall be maintained and kept in
repair by the Owner thereof. An Owner shall do no act nor
any work that will or may impair the structural soundness or
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integrity of the building or iMpair any easement or heredi-
tament without the written consent of the Board of Directors
of the Association, after first proving to the satisfaction
of the Board of Directors that such structural soundness or
integrity will be maintained during and after any such act
or work shall be done or performed. Any expense to the
Board of Directors for investigation under this paragraph 14
shall be borne by the Owner. However, nothing herein contained
shall be construed to permit structural modification and any
decision relating thereto shall be in the absolute discretion
of the Board of Directors, including, but not limited to the
engaging of a structural engineer at the Owner's expense for
the purpose of obtaining his opinion. An Owner shall also
keep the balcony area appurtenant to his unit in a clean and
sanitary condition and free and clear of snow, ice and any
accumulation of water. All other maintenance or repairs to
any Limited Common Elements, except as caused or permitted
by the Owner shall be at the expense of all of the Owners.
18. Compliance with provisions of Declaration,
Articles, By-laws of the Association. Each Owner shall
comply strictly with the provisions of this Declaration,
Articles of Incorporation and By-Laws of the Association,
and the decisions and resolutions of the Association adopted
pursuant thereto as the same may be lawfully amended from
time to time. Failure to so comply with any of the same
shall be grounds for an action to recover sums due and for
damages or injunctive relief or both, and for reimbursement
of all costs and attorney's fees incurred in connection
therewith, which action shall be maintainable by the Managing
Agent (where appropriate), or Board of Directors in the name
of the Association in behalf of the Owners or, in a proper
case, by an aggrieved Owner or Owners.
19. Revocation Or Amendment To Declaration.
19.1 This Declaration shall not be revoked unless
all of the Owners and all of the holders of any recorded
Mortgage or deed of trust covering or affecting any or all
Condominium Units unanimously consent and agree to such
revocation by instrument(s) which shall be duly recorded.
This Declaration shall not be amended unless the Owners
representing an aggregate ownership interest of eighty
percent (80%), or more, of the General Common Elements and
all of the holders of any recorded mortgage or deed of trust
covering or affecting any or all Condominium Units consent
and agree to such amendment by instrument(s) duly recorded;
provided, however, that the percentage of the undivided
interest in this Declaration shall have a permanent character
and shall not be altered without the consent of all of the
Unit Owners expressed in an amended Declaration duly recorded.
19.2 Until the first condominium unit is conveyed
by deed recorded among the Public Records of the County in
which the condominium property is located, the Declarant
shall have the sole right to amend, alter, change or modify
the terms and provisions of this Condominium Declaration,
except that no such amendment, alteration, change or modi-
fication in the percentage of ownership in common elements
appurtenant to each condominium unit or alteration of the
basis for apportionment of assessments which may be levied
by the Association in accordance with the provisions hereof
may be made without the written consent of all persons who
have theretofore contracted to purchase a condominium unit
in the condominium.
20. Certain Rights and Obligations of the Association.
(a) Association as Attorney-in-Fact for Owners:
The Association is hereby irrevocably appointed attorney-in-fact
for the Owners, and each of them, to manage, control and
deal with the interest of each Owner in the General Common
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Elements so as to per~it the Association to fulfill all of
its duties and obligations hereunder and to exercise all of
its rights hereunder, to deal with the Project upon its
destruction or obsolescence as hereinafter provided and to
grant utility easements through any portion of the General
Common Elements. The acceptance by any person of any interest
in any Condominium Unit shall constitute an appointment of
the Association as attorney-in-fact as provided above and
hereinafter. The Association is hereby granted all of the
powers necessary to govern, manage, maintain, repair, rebuild,
administer and regulate the Project and to perform all of
the duties required of it. Notwithstanding the above, nor
any other provision of this Declaration inconsistent herewith,
unless at least two-thirds (2/3) of the first Mortgagees of
Condominium Units (based upon one vote for each first Mort-
gagee owned) or at least two-thirds (2/3) of the Owners
(excluding Declarant) have given their prior written approval,
the Association shall not be empowered or entitled to:
(i) By act or omission, seek to abandon
or terminate the Project;
(iil Change the pro rata interest or
obligations of any individual Condominium Unit for the
purpose of levying assessments or charges or allocating
distributions of hazard insurance proceeds or condemnation
awards;
(iii) Partition or subdivide any Condo-
mimium Unit;
(iv) by act or omission seek to abandon,
partition, subdivide, encumber, sell or transfer (excluding
the granting of easements for public utilities or other pub-
lic purposes consistent with the intended use of the General
Common Elements) any of the General or Limited Common Elements;
and
(v) use hazard insurance proceeds for
loss to the Project (whether Units or General Common Elements)
for other than repair, replacement or reconstruction thereof.
(b) General Common Elements: The Association
shall provide for the care, operation, management, maintenance,
repair and replacement of the General Common Elements,
except as is otherwise provided for in this Declaration.
Without limiting the generality of the foregoing, said
obligations shall include the keeping of such General Common
Elements in good, clean, attractive and sanitary condition,
order and repair; removing snow and any other materials from
such General Common Elements which might impair access to
the Project or the Units; keeping the Project safe, attractive
and desirable; and making necessary or desirable alterations,
additions, betterments or improvements to or on the General
Common Elements.
(c) Other Association Functions: The Asso-
ciation may undertake any activity, function or service for
the benefit of or to further the interests of all, some or
any Owners on a self-supporting, special assessment or
common assessment basis. Such activities, functions or
services may include the providing of police or similar
security services, the providing of garbage and trash col-
lection services, the providing of firewood, and the provi-
ding of maid and cleaning service for individual Units.
(d) Labor and Services: The Association (i)
may obtain and pay for the services of a Managing Agent to
manage its affairs, or any part thereof, to the extent it
deems advisable, as well as such other personnel as the
Association shall determine to be necessary or desirable for
the proper operation of the Project, whether such personnel
'are furnished or employed directly by the Association or by
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any person with whom or which it contracts; (ii) may obtain
and pay for legal and accounting services necessary or
desirable in connection with the operation of the Project or
the enforcement of this Declaration; and (iii) may arrange
with others to furnish lighting, heating, water, trash
collection, sewer service and other common services.
(e) Property of Association: The Associa-
tion may pay for, acquire and hold or lease real property
(for any and all purposes set forth in this Declaration) and
tangible and intangible personal property and may dispose of
the same by sale or otherwise. Subject to the rules and
regulations of the Association, each Owner and each Owner's
family and guests may use such property. Upon termination
of condominium ownership of the Project and dissolution of
the Association, if ever, the beneficial interest in any
such property shall be deemed to be owned by the then Owners
as tenants in common in the same proportion as their respec-
tive interests in the General Common Elements. A transfer
of a Condominium Unit shall transfer to the transferee
ownership of the transferor's beneficial interest in such
property wihout any reference thereto. Each Owner may use
such property in accordance with the purposes for which it
is intended, without hindering or encroaching upon the
lawful rights of the other Owners. The transfer of title to
a Condominium Unit under foreclosure shall entitle the
purchaser to the beneficial interest in such property asso-
ciated with the foreclosed Condominium Unit.
(f) Association Right to Lease and License
General Common Elements: The Association shall have the
right to lease or license or permit the use of, by less than
all Owners or by non-owners, on either a short-term basis or
long-term basis and with or without charge as the Associa-
tion may deem desirable, any portion of the General Common
Elements or any Condominium Unit owned by the Association
(which Condominium Unit may be purchased from the Declarant
as provided in this Declaration hereinabove). The rights
granted to the Association in this subparagraph shall only
be used in the promotion of the collective best interests of
the Owners. Further, the Association shall have the right
to grant utility easements under, through or over the General
Common Elements which are reasonably necessary to the ongoing
development and operation of the Project.
(g) Mortgagee Notification: The Association
shall notify each first Mortgagee of any proposed material
amendment of the Association's Articles or By-Laws at least
ten (10) days prior to the effective date of such amendment
or change. Further, upon the written request of any first
Mortgagee, such first ~Iortgagee shall be entitled to receive
the most recent annual financial statement of the Association
and such first Mortgagee shall have the right to designate a
representative to attend any such meeting.
(h) Enforcement by Association: The Board
may suspend any Owner's voting rights in the Association or
the right of an Owner to use the recreational facilities of
the Project during any period or periods during which such
Owner fails to comply with the Association's rules and
regulations, or with any other obligations of such Owner
under this Declaration. The Association may also take judi-
cial action against any Owner to enforce compliance with
such rules, regulations or other obligations herein or in
the By-Laws contained or to obtain damages for noncompliance
thereof, all to the extent permitted by law. The Board may
impose a fine, not to exceed $300.00, on any Owner for each
violation or act of noncompliance by any such Owner or his
guest.
(i) Implied Rights: The Association shall
have and may exercise any right or privilege given to it
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expressly by this Declaration or the Articles or By-Laws, or
reasonably to be implied from the provisions of said docu-
ments, or given or implied by law, or which may be necessary
or desirable to fulfill its duties, obligations, rights or
privileges.
21. Assessment For Common Expenses.
(a) All Owners, except Declarant, shall be
obligated to pay the estimated assessments imposed by the
Board of Directors to meet the Common Expenses from and
after the conveyance of the first Condominium Unit to such
Condominium Unit's original purchaser. The assessments
shall be made pro rata according to each Owner's fractional
interest in and to the General Common Elements. Declarant
shall have no obligation to pay the estimated Common Expense
assessment, on Condominium Units owned by Declarant, imposed
by the Board to meet the Common Expenses, but Declarant
agrees to pay to the Association a sum equal to the differ-
ence between the monthly cost of operating and maintaining
the General Common Elements, exclusive of reserves, and the
amount of funds payable by the other Owners to the Association.
This obligation of Declarant to subsidize the operations of
the Association shall terminate when Declarant relinquishes
its right to appoint the Association's Board or December 31,
1982, whichever event first occurs. Subsequent to the
occurrence of either of the aforesaid events, neclarant
shall be obligated as any other Owner in reference to Condo-
minium Units then owned by Declarant to pay the estimated
Common Expense assessments imposed by the Board to meet the
Common Expenses. Except as hereinbefore provided, the
Limited Common Elements shall be maintained as General
Common Elements and Owners having the exclusive use thereof
shall not be subject to any special charges as assessments.
Assessments for the estimated Common Expenses shall be due
quarterly, in advance, on the first day of each quarter.
The Managing Agent or Board of Directors shall prepare, and
deliver or mail to each Owner an itemized annual budget
showing the various estimated or actual expenses for which
the assessments are made. Contributions for monthly assess-
ments shall be prorated if the ownership of a Condominium
Unit commences on a day other than the first day of a month.
The assessments made for Common Expenses shall be based upon
the requirements as the Board of Directors shall from time
to time determine is necessary to be paid to provide for the
payment of all estimated expenses growing out of or connected
with the maintenance and operation of the General Common
Elements, which sum may include, among other things: expenses
of management; taxes and special assessments, until separately
assessed; premiums for insurance of the types and kinds
provided for in paragraph 24 hereafter; landscaping and care
of grounds; common lighting and heating; repairs and renova-
tions; trash collections; wages; water and sewer charges;
legal and accounting fees; capital expenditures made by the
Board not exceeding $1,000.00 in anyone calendar year
(unless a greater amount is approved by Owners owning a
majority interest in the General Common Elements); expenses
and liabilities incurred by the Managing Agent or Board of
Directors under or by reason of this Declaration; deficits
remaining from a previous period; and other costs and expenses
relating to the General Common Elements. Further, it shall
be mandatory for the Board to establish and segregate, out
of such quarterly assessments, a contingency or reserve fund
for the repair, replacement and maintenance of those General
Common Elements that must be replaced periodically. The
omission or failure of the Board of Directors to fix the
assessment for any quarter shall not be deemed a waiver,
modification or a release of the Owners from their obliga-
tion to pay same. Any Owner or first Mortgagee may, pursu-
ant to Colo. Rev. Stat. Ann. Sec. 38-33-107 (1973, as amended),
inspect the Association's records of receipts and expendi-
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tures at any reasonable time durin')" convenient weekday
business hours, and, upon ten days' notice to the Board of
Directors or Managing Agent, if any, and upon payment of a
reasonble fee, not to exceed Twenty Dollars, any Owner or
first Mortgagee of such Owner shall be furnished a statement
of account setting forth the amount of any unpaid assessments
or other charges due and owing from such Owner. At the end
of any calendar year, the Board of Directors may, but shall
not be required to, refund to each Owner his proportionate
share of funds then held by the Association which are not
deemed to be necessary to meet the Common Expenses. Each
Owner shall be obligated to pay all charges for any separately
metered utilities servicing his Unit. All utilities that
are master metered shall be a Common Expense hereunder.
(b) The Board of Directors shall have the
right during any calendar year to levy and assess against
all of the Owners a special assessment for such purpose or
purposes, in accordance with this Declaration, the Articles
or By-Laws, as may be necessary to keep the Project as a
first class residential property. Such special assessment
shall be borne by the Owners in accordance with each Owner's
interest in the General Common Elements and shall be due and
payable as determined by the Board of Directors.
22. Assessment Reserves. The Association may
require an Owner, other than Declarant, to deposit with the
Association an amount not exceeding two times the amount of
the original estimated quarterly common assessment, which
sum shall be held, without interest, by the Association as a
reserve to be used for paying such Owner's quarterly common
assessment and for working capital. Such an advance payment
shall not relieve an Owner from making the regular quarterly
payment of the quarterly common assessment as the same comes
due. Upon the transfer of his Condominium Unit, an Owner
shall be entitled to a credit from his transferee for any
unused portion thereof. Such reserves shall at all times
remain as capital of the Association.
23. Additions, Alterations and Improvements - General
and Limited Common Elements. There shall be no special
assessments in excess of $5,000.00 levied by the Board of
Directors in anyone calendar year, nor any capital additions,
alterations or improvements, of or to the General or Limited
Common Elements by the Association requiring expenditure(s)
in excess of $5,000.00 in anyone calendar year, without, in
each case, prior approval by the Owners owning a majority
interest in the General Common Elements, except in the event
of an emergency; the limitations set forth above shall not
apply to any expenditures made by the Association for mainte-
nance and repair of the General Common Elements as set forth
in Paragraph 17 hereof, or for repair in the event of damage,
destruction or condemnation as provided in Paragraphs 29 and
30 hereof.
24. Insurance.
(a) The Board of Directors shall obtain and
maintain at all times, to the extent obtainable, policies of
insurance, written with financially responsible and able
companies licensed to do business in Colorado, covering the
risks set forth below. The types of coverages to be obtained
and risks to be covered are as follows, to-wit:
(1) Insurance against loss or damage by
fire and lightning, and such other hazards as are customarily
covered in condominium projects in the County of Pitkin,
Colorado, under extended coverage and all risk endorsements.
Said casualty insurance shall insure the entire Project and
any property, the nature of which is a General Common Element
(including all of the Units and the fixtures therein initially
'installed or conveyed by the Declarant) together with all
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service equipment contained therein in an amount equal to
the full replacement value, without deduction for deprecia-
tion. All policies shall contain a standard non-contributory
mortgage clause in favor of each first Hortgagee, which
shall provide that the loss, if any, thereunder, shall be
payable to the Association for the use and benefit of such
first Hortgagees as their interests may appear.
(2) If the Project is located in an
area identified by the Secretary of Housing and Urban Develop-
ment as an area having special flood hazards and the sale of
Flood Insurance has been made available under the National
Flood Insurance Act of 1968, a "blanket" policy of flood
insurance on the Project in an amount which is the lesser of
the maximum amount of insurance available under the Act or
the aggregate of the unpaid principal balances of the first
Mortgagees on the Condominium Units comprising the Project.
(3) Bodily injury and property damage
liability insurance in such limits as the Board may from
time to time determine, but not in an amount less than
$500,000.00 per injury, per person, per occurrence and
umbrella liability limits of $1,500,000.00 per occurrence,
covering all claims for bodily injury or property damage.
Coverage shall include, without limitation, liability for
personal injuries, operation of automobiles on behalf of the
Association, and activities in connection with the ownership,
operation, maintenance and other use of the Project. All
liability insurance shall name the Association, the Board,
the Managing Agent, the Declarant, first Hortgagees, the
Owners and the officers of the Association, as insureds
thereunder. If there are steam boilers in operation on the
Project, there must be in force boiler explosion insurance
providing for not less than $50,000.00 per accident per
location.
(4) Workmen's Compensation and employer's
liability insurance and all other similar insurance with
respect to employees and subcontractors of the Association
in the amounts and in the forms now or hereafter required by
law.
(5) The Association may obtain insurance
against such other risks, of a similar or dissimilar nature,
as it shall deem appropriate with respect to the Project,
including plate or other glass insurance, insurance for any
personal property of the Association located thereon, and
errors and omissions insurance with respect to the actions
of the Board of Directors and officers of the Association.
(b) All policies of insurance, to the extent
obtainable, shall contain waivers of subrogation and waivers
of any defense based on invalidity arising from any acts of
an Owner and shall provide that such policies may not be
cancelled or modified without at least twenty (20) days'
written notice to all of the Owners, first Mortgagees and
the Association. If requested, duplicate originals of all
policies and renewals thereof, together with proof of pay-
ments of premiums, shall be delivered to all first Hortgagees
at least ten (10) days prior to expiration of the then
current policies. All casualty insurance shall be carried
in blanket form naming the Association as the insured, as
attorney-in-fact for all of the Owners, as their interests
may appear, which policy or policies shall identify the
interest of each Owner (Owner's name and Condominium Unit
number designation) and first Mortgagee.
(c) Prior to obtaining any policy of casualty
insurance or renewal thereof, pursuant to the provisions of
this insurance paragraph, the Board shall obtain an appraisal
from the insurance appraiser of the company issuing such
'insurance, which appraiser shall reasonably estimate the
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full replacement value of t~e entire Project, without deduc-
tion for depreciation, for the purpose of determining the
amount of the insurance to be effected pursuant to the
provisions of this insurance paragraph. In no event shall
the insurance policy contain a co-insurance clause for less
than one hundred percent (100%) of the full replacement cost
with an agreed amount endorsement. netermination of maximum
replacement value shall be made annually, and each first
110rtgagee, if requested, shall be furnished with a copy
thereof, within thirty (30) days after receipt of such
written appraisals. Such amounts of insurance shall be
contemporized annually in accordance with their currently
determined maximum replacement value.
(d) Owners may carry other insurance for
their benefit and at their expense, provided that the lia-
bility of the carriers issuing insurance obtained by the
Board shall not be affected or diminished by reason of any
such additional insurance carried by any Owner.
(e) Insurance coverage on improvements and
fixtures installed by an Owner and furnishings, including
draperies, unattached carpeting and appliances, wallpaper
and other items of personal property belonging to an Owner,
and public liability coverage within each Unit shall be the
sole and direct responsibility of the Owner thereof, and the
Board of Directors, the Association and/or the Hanaging
Agent shall have no responsibility therefor.
(f) In the event that there shall be any
damage, destruction or loss to a Unit or any damage, destruc-
tion or loss to the General Common Elements, then notice of
such damage or loss shall be given by the Association to the
first Mortgagee of said Condominium Unit within ten (10)
days after the occurrence of such event.
(g) All policies of insurance shall provide
that the insurance thereunder shall be invalidated or sus-
pended only in respect to the interest of any particular
Owner guilty of a breach of warranty, act, omission, negli-
gence or non-compliance of any provision of such policy,
including payment of the insurance premium applicable to
that Owner's interest, or who permits or fails to prevent
the happening of any event, whether occurring before or
after a loss, which under the provisions of such policy
would otherwise invalidate or suspend the entire policy, but
the insurance under any such policy, as to the interests of
all other insured Owners not guilty of any such act or
omission, shall not be invalidated or suspended and shall
remain in full force and effect.
25. Owners' Personal Obligation for Payment of
Assessments. The amount of the Common Expenses assessed
against each condominium unit shall be the personal and
individual debt of the Owner thereof. No Owner may exempt
himself from liability for his contribution towards the
Common Expenses by Waiver of the use or enjoyment of any of
the Common Elements or by abandonment of his Unit. Both the
Board of Directors and Managing Agent shall have the respon-
sibility to take prompt action to collect any unpaid assess-
ment which remains unpaid more than fifteen (15) days from
the due date for payment thereof. In the event of default
in the payment of the assessment, the unit owner shall be
obligated to pay interest at the rate of 18 percent per
annum on the amount of the assessment from due date thereof,
together with all expenses, including attorneys' fees incurred,
together with such late charges as provided by the By-Laws
of the Association. Suit to recover a money judgment for
unpaid Common Expenses shall be maintainable by the Managing
Agent, or any aggrieved Owner without foreclosure or waiving
the lien securing same.
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26. Assessment Lien and Foreclosure. All sums
assessed but unpaid for the share of Common Expenses chargc-
able to any Condominium Unit shall constitute a lien on such
Unit superior (prior) to all other liens and encumbrances
except:
(a) Tax and special assessment liens on the
Unit in favor of any asscssing entity; and
(b) All sums unpaid on a first mortgage or
first deed of trust of record, including all unpaid obliga-
tory sums as may be provided by such encumbrance, including
additional advances, refinance or extension of these obliga-
tions made thereon prior to the arising of such a lien.
To evidence such lien, the Board of
Directors or the Managing Agent shall preparc a written
notice setting forth the amount of such unpaid indebtedness,
the name of the defaulting Owner of the Condominium Unit and
a description of the Condominium Unit. Such a notice shall
be signed by one of thc Board of Directors or by one of the
officers of the Association or by the Managing Agent and
shall be recorded in the office of thc Clerk and Recorder of
the County of Pitkin, State of Colorado. Such lien for
the Common Expenses shall attach from the date of the failure
of payment of thc assessment and may be cnforced by foreclosure
on the defaulting Owner's Condominium Unit by the Association
in like manner as a mortgage or deed of trust on real property
upon recording of a notice of claim thereof. In any such
foreclosure proceedings the defaulting Owncr shall be required
to pay the Association the quarterly assessment for the condo-
minium unit during thc period of foreclosure, and the Associa-
tion shall be entitled to a receiver to collect the same.
The Association shall have the power to bid on the Condominium
Unit at foreclosure or other legal sale and to acquire and
hold, 1case, mortgage, vote thc votes appurtcnant to, convey
or otherwise deal with the same. Any encumbrancer holding a
lien on a Condominium Unit may pay, but shall not bc required
to pay, any unpaid Common Expenses payable with respect to
such Unit, and upon such payment such encumbrancer shall
have a lien on such Unit for the amounts paid of the sane
priority as the lien of his encumbrance. Upon request of a
mortgagee, the Association shall report to the mortgagee of
a condominium unit any unpaid assessments remaining unpaid
for longer than twenty-five days after the same are due;
provided, however, that a mortgagee shall have furnished to
the Managing Agent or the Board of Directors notice of such
encumbrance.
27. Liability for Common Expense Upon Transfer of
Condominium Unit is Joint. Upon payment to the Managing
Agent, or if there is no Managing Agent, then to the Associa-
tion, of a reasonable fee, and upon the written request of
any Owner or any Mortgagee or prospective Mortgagee of a
Condominium Unit, the Association, by its Ilanaging Agent, or
if there is no Managing Agcnt then by the financial officer
of the Association shall issue a written statement setting
forth the amount of the unpaid Common Expenses, if any, with
respcct to thc subject Unit, the amount of the current
quarterly assessment and the date such assessment becomes
due, credit for any advanccd payments of common assessments,'
for prepaid items, such as insurance premiums, but not
including accumulated amounts for reserves or sinking funds,
if any, which statement shall be conclusive upon the Associ-
ation in favor of all persons who rely thereon in good
faith. Unless such request for a statement of indebtedness
shall be complied with within ten days, all unpaid Common
Expenses which become due prior to the date of making such
request shall be subordinate to the 1icn of the person
requesting such statement. The grantee of a Condominium
Unit shall be jointly and severally liable with the grantor
'for all unpaid assessments against the latter for his propor-
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tionate share of the Common Expenses up to the time of the
grant or conveyance, without prejudice to the grantee's
right to recover from the grantor the amounts paid by the
grantee therefor; provided, however, that upon payment of a
reasonable fee, as is hereinabove provided, and upon written
request, any such prospective grantee shall be entitled to a
statement from the Managing Agent, or if there is no Managing
Agent, then by the financial officer of the Association,
setting forth the amount of the unpaid assessments, if any,
with respect to the subject unit, the amount of the current
quarterly assessment and the date that such assessment
becomes due, credit for any advanced payments of common
assessments, prepaid items, such as insurance premiums,
which statements shall be conclusive upon the Association.
Unless such request for such a statement shall be complied
with within ten days of such request, then such requesting
grantee shall not be liable for, nor shall the Unit conveyed
be subject to a lien for, any unpaid assessments against the
subject Unit.
28. Mortgaging a Condominium Unit - Priority. An
Owner shall have the right from time to time to mortgage or
encumber his Condominium unit by deed of trust, mortgage or
other security instrument. A first mortgage shall be one
which has first and paramount priority under applicable law.
The Owner of a Condominium Unit may create junior mortgages
(junior to the lien, deed of trust or other encumbrance of
the first Mortgagee) on his Condominium Unit on the follow-
ing conditions: (1) Any such junior mortgages shall always
be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, lien for
common expenses, and other obligations created by this
Declaration and the By-Laws; and (2) The Mortgagee under any
junior mortgage shall release, for the purpose of rest-
oration of any improvements upon the mortgaged premises, all
of his right, title and interest in and to the proceeds
under all insurance policies upon said premises which insur-
ance policies were effected and placed upon the mortgaged
premises by the Association. Such release shall be fur-
nished forthwith by a junior mortgagee upon written request
of the Managing Agent or one or more of the Board of Directors
of the Association, and if not furnished, may be executed by
the Association as attorney-in-fact for such junior Mortgagee.
29. Association As Attorney-in-Fact -- Damage
and Destruction -- Obsolescence. This Declaration does
hereby make mandatory the irrevocable appointment of an
Attorney-in-Fact to deal with the Project upon its destruc-
tion, repair or obsolescence.
Title to any Condominium Unit is declared and
expressly made subject to the terms and conditions hereof,
and acceptance by any grantee of a deed from the Declarant
or from any Owner shall constitute appointment of the Attorney-
in-Fact herein provided. All of the Unit Owners irrevocably
constitute and appoint the Assoication, their true and
lawful attorney in their name, place and stead for the
purpose of dealing with the Project upon its destruction,
repair or obsolescence as is hereafter provided. As Attorney-
in-Fact the Association, by its president and secretary,
shall have full and complete authorization, right and power
to make, execute and deliver any contract, deed or any other
instrument with respect to the interest of a Condominium
Unit Owner which are necessary and appropriate to the exercise
of the powers herein granted. Repair and reconstruction of
the improvement(s) as used in the succeeding subparagraphs
means restoring the improvement(s) to substantially the same
condition in which they existed prior to the damage, with
each Unit and the General Common Elements and Limited Common
Elements appurtenant thereto having substantially the same
vertical and horizontal boundaries as before. Except as is
6therwise herein provided, the proceeds of any insurance
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collected shall be available to the Association for the
purpose of repair, restoration or replacement unless all
Owners of the Condominium Units and all first mortgagees
thereof agree not to rebuild in accordance with the provi-
sions set forth hereinafter.
(a) In the event of damage or destruction to
the Project to the extent of not more than sixty-six and
two-thirds percent (66 2/3%) of the total replacement cost
thereof, not including land, due to fire or other disaster,
the insurance proceeds, if sufficient to reconstruct the
improvement(s), shall be applied by the Association, as
Attorney-in-Fact to such reconstruction, and the improvement(s)
shall be promptly repaired and reconstructed. The Association
shall have full authority, right and power, as Attorney-in-Fact,
to cause the repair and restoration of the improvement(s).
(b) If the insurance proceeds are insufficient
to repair and reconstruct the improvement(s), and if such
damage is to the extent of not more than sixty-six and
two-thirds percent (66 2/3%) of the total replacement cost
of the Project, not including land, such damage or destruction
shall be promptly repaired and reconstructed by the Association
as Attorney-in-Fact, using the proceeds of insurance and the
proceeds of an assessment to be made against all of the Unit
Owners and their Condominium Units. Such deficiency assess-
ments shall be a Common Expense and made pro rata according
to each Owner's fractional interest in the General Common
Elements, and shall be due and payable within thirty days
after written notice thereof. The Association shall have
full authority, right and power as Attorney-in-fact to cause
the repair or restoration of the improvements using all of
the insurance proceeds for such purpose notwithstanding the
failure of an Owner to pay the assessment. The assessment
provided for herein shall be a debt of each Owner and a lien
on his Condominium unit and may be enforced and collected as
is provided in Paragraph 26. In addition thereto, the
Association as Attorney-in-Fact shall have the absolute
right and power to sell the Condominium Unit of any Owner
refusing or failing to pay such deficiency assessment within
the time provided, and if not so paid, the Association shall
cause to be recorded a notice that the Condominium Unit of
the delinquent Owner shall be sold by the Association as
Attorney-in-Fact. The proceeds derived from the sale of
such Condominium Unit shall be used and disbursed by the
Association as Attorney-in-Fact, in the following order:
(1) For payment of taxes and special
assessment liens in favor of any assessing entity;
(2) For payment of the balance of the
lien of any first mortgage;
(3) For payment of unpaid Common Expenses;
(4) For payment of junior liens and
encumbrances in the order of and to the extent of their pri-
ority; and
(5) The balance remaining, if any,
shall be paid to the Condominium Unit Owner.
(c) If the Project is destroyed or damaged
to the extent of more than sixty-six and two-thirds percent
(66 2/3%) of the total replacement cost thereof, not includ-
ing land, the Assoication shall adopt a plan for the repair
and reconstruction of the Project, and all Owners shall be
bound by the terms and provisions of such plan, unless the
Owners representing an aggregate ownership interest of
seventy-five percent (75%), or more, of the General Common
Elements and at least seventy-five percent (75%) of the
"first Mortgagees (based upon one vote for each first Mortgagee
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owned) vote not to adopt such plan within one hundred (100)
days after the damage or destruction. The Association shall
have the right to use, in accordance with such plan, all
proceeds of insurance for such destruction or damages, as
well as the proceeds of an assessment to be made against all
of the Owners and their Condominium Units. Any assessment
made in connection with such plan shall be a Common Expense
and made pro-rata according to each Owner's percentage
interest in the General Common Elements and shall be due and
payable as provided by the terms of such plan, but not
sooner than thirty (30) days after written notice thereof.
The Association shall have full authority, right and power,
as Attorney-in-Fact, to cause the repair or restoration of
the improvements, using all of the insurance proceeds for
such purpose, notwithstanding the failure of an O'.mer to pay
the assessment. The assessment provided for herein shall be
a debt of each Owner and a lien on his Condominium Unit and
may be enforced and collected as is provided hereinabove.
In addition thereto, the Association, as Attorney-in-Fact,
shall have the absolute right and power to sell the Condo-
minium Unit of any Owner refusing or failing to pay such
assessment within the time provided, and if not so paid, the
Association shall cause to be recorded a notice that the
Condominium Unit of the delinquent Owner shall be sold by
the Association. The proceeds derived from the sale of such
Condominium Unit shall be used and disbursed by the Associa-
tion as Attorney-in-Fact, for the same purposes and in the
same order as is provided in subparagraphs (b) (1) through
(5) of this paragraph.
(d) If the Project is damaged or destroyed
to the extent of more than sixty-six and two-thirds (66
2/3%) of the total replacement cost thereof, not including
land, and if the Owners representing an aggregate ownership
interest of seventy-five percent (75%) or more, of the
General Common Elements and at least seventy-five percent
(75%) of the first mortgages (based upon one vote for each
first mortgage owned) vote not to adopt a plan for repair
and reconstruction, then the Association shall shall forthwith
record a notice setting forth such fact or facts, and upon
the recording of such notice by the Association's president
and secretary, the remaining Project shall be sold by the
Association as Attorney-in-Fact for all of the Owners, free
and clear of the provisions contained in this Declaration,
the Map and the Articles and By-Laws. The insurance settle-
ment proceeds shall be collected by the Association and such
proceeds shall be divided by the Association according to
each Owner's fractional interest (as such interests appear
on the policy or policies), and such apportioned proceeds
shall be paid into separate accounts representing each such
Condominium Unit. Each such account shall be in the name of
the Association, and shall be further identified by the
Condominium Unit designation and the name of the Owner.
Thereafter, each such account shall be supplemented by the
apportioned amount of the proceeds derived from the sale of
the entire Project. Such apportionment shall be based upon
each Owner's percentage interest in the General Common
Elements. The total funds of each account shall be used and
disbursed, without contribution from one account to another,
for the same purposes and in the same order as provided in
subparagraph (b) (1) through (5) of this Paragraph. The
provisions contained in this subparagraph shall not hinder
the protection given to a first ~lortgagee under a mortgagee
endorsement.
(e) The Owners representing an aggregate
ownership interest of eighty-five percent (85%), or more, of
the General Common Elements may agree that the Condominium
Units are obsolete and adopt a plan for the renewal or
reconstruction, which plan shall have the approval or consent
of at least eighty-five percent (85%) of the first Mortgagees
~based upon one vote for each first Mortgage owned). If a
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plan for the renewal or reconstruction is adopted, notice of
such plan shall be recorded, then the expenses thereof shall
be payable by all of the Owners as Common Expenses; provided,
however, that any Owner not in agreement to such renewal or
construction may give written notice to the Association
within fifteen (15) days after the adoption of such plan
that his or its Condominium unit shall be purchased by the
Association for the fair market value thereof. The Associa-
tion shall then have fifteen (15) days within which to
cancel such plan. If such plan is not cancelled then the
Condominium Unit shall be purchased by the Association
according to the following procedures. If such Owner and
the Association can agree on the fair market value thereof,
then such sale shall be consummated within thirty days
thereafter. If the parties are unable to agree, the date
when either party notified the other that he or it is unable
to agree with the other shall be the "commencement date"
from which all periods of time mentioned herein shall be
measured. within ten days following the commencing date,
each party shall nominate in writing, and give notice of
such nomination to the other party, an independent appraiser
who may be a realtor and be qualified to make appraisals of
condominiums and similar property in Pitkin County, Colorado.
If either party fails to make such a nomination, the appraiser
nominated shall, within five days after default by the other
party, appoint and associate with him another similarly
qualified appraiser. If the two appraisers designated by
the parties, or selected pursuant hereto in the event of the
default of one party, are unable to agree, they shall appoint
another similarly qualified appraiser to be arbitrator
between them, if they can agree on such person. If they are
unah1e to agree upon such arbitrator, then each appraiser
previously appointed shall nominate two independent appraisers
and from the names of the four persons so nominated one
shall be drawn by lot by any judge of any court of record in
Colorado and the name so drawn shall be such arbitrator.
The nominations from whom the arbitrator is to be drawn by
lot shall be submitted within ten (10) days of the failure
of the two appraisers to agree, which, in any event, shall
not be later than twenty (20) days following the appointment
of the second appraiser. The decision of the appraisers as
to the fair market value, or in the case of their disagree-
ment, then such decision of the arbitrator, shall be final
and binding. The expenses and fees of such appraisers shall
be borne equally by the Association and the Owner. The sale
shall be consummated within fifteen (15) days thereafter,
and the Association as Attorney-in-Fact shall disburse such
proceeds as is provided in subparagraphs (b) (1) through (5)
of this Paragraph.
(f) The Owners representing an aggregate
ownership interest of eighty-five percent (85%), or more, of
the General Common Elements may agree that the Condominium
Units are obsolete and that the same should be sold. Such
plan (agreement) must have the unanimous approval or consent
of every first Mortgagee. In such instance, the Association
shall forwith record a notice setttin9 forth such fact or
facts, and upon the recording of such notice by the Associa-
tion's president and secretary, the entire Project shall be
sold by the Association, as Attorney-in-Fact for all of the
Owners, free and clear of the provisions contained in this
Declaration, the Map, the Articles and the By-Laws, The
sales proceeds shall be apportioned between the Owners on
the basis of each Owner's percentage interest in the General
Common Elements, and such apportioned proceeds shall be paid
into separate accounts, each such account representing one
Condominium Unit. Each such account shall be in the name of
the Association, and shall be further identified by the
Condominium Unit designation and the name of the Owner.
From each separate account the Association, as Attorney-in-Fact,
shall use and disburse the total amount (of each) of such
'accounts, without contribution from one account to another,
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for the same purposes and in the same order as is provided
in subparagraphs (b)(l) through (5) of this paragraph.
30. Condemnation.
(a) Consequences of Condemnation: If at any
time or times during the continuance of condominium ownership
pursuant to this Declaration, all or any part of the Project
shall be taken or condemned by any public authority or sold
or otherwise disposcd of in lieu of or in avoidance thereof,
the provisions of this Paragraph 30 shall apply.
(bl Proceeds: All compensation, damages, or
other proceeds therefrom, thc sum of which is hereinafter
called the "Condemnation Award, II shall be payable to the
Association.
(c) Complete Taking: In the event that the
entire Project is taken or condcmned, or sold or otherwise
disposed of in lieu of or in avoidance thereof, condominium
ownership pursuant to this Declaration shall terminate. The
Condemnation Award shall be apportioned among the Owners in
proportion to their respective undivided interests in the
Gencra1 Common Elements, provided that if a standard differ-
ent from the value of the Project as a wholc is employed to
measure the Condemnation Award in the negotiation, judicial
decree, or otherwise, then in determining such share the
same standard shall be employed to the extent it is relevant
and applicable.
(d) Partial Taking. In the cvent that
less than the entire Project is taken or condemned, or sold
or otherwise disposed of in lieu of or in avoidance thereof,
the condominium ownership hereunder shall not terminate.
Each Owner shall be entitled to a share of the Condemnation
Award to be determined in the following manner: As soon as
practicable, the Association shall, reasonably and in good
faith, allocate the Condemnation Award among compensation,
damages or other proceeds, and shall apportion the amounts
so allocated among the Owners, as follows: (a) the total
amount allocated to taking of or injury to the General
Common Elements shall be apportioncd among the Owners in
proportion to their respective undivided interests in the
General Common E1cments, (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 (dl the total amount allocated to consequential damages
and any other takings of injuries shall be apportioned as
the Association determines to be equitable in the circumstances.
If an allocation of the Condemnation Award is already estab-
lished in negotiation, judicial decree or otherwise, then in
allocating the Condemnation Award the Association shall
employ such allocation to the extent it is relevant and
applicable. Any distribution of the Condemnation Award made
pursuant to this subparagraph shall be made by checks payable
jointly to the Owners and their first Mortgagees.
(el Distribution: The Association shall as
soon as practicable determine the share of the Condemnation
Award to which each O~mer is entitled. Such shares shall be
paid into separate accounts and disbursed as soon as practi-
cable, provided that in the event of a complete taking such
distribution shall be made in the same manner as is provided
in Paragraph 29(b) of this Declaration.
(f) Mortgagee Notice: The Association shall
give timely written notice to each first Mortgagee of the
commencement of any condemnation or eminent domain proceed-
i'ngs and shall notify said first r.lortgagees in the event of
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the taking of all or any part of the General Common Elements.
(g) Reorganization. In the event a partial
taking results in the taking of a complete Unit, the Owner
thereof automatically shall cease to be a member of the
Association, and such Owner's interest in the Genral Common
Elements shall thereupon terminate, and the Association, as
Attorney-in-Fact for such Owner, may take whatever action is
necessary and execute such documents as are necessary to
reflect such termination. Thereafter the Association shall
reallocate the ownership and assessment ratio determined in
accordance with this Declaration according to the same
principles employed in this Declaration at its inception and
shall submit such reallocation to the Owners of remaining
Condominium Units for amendment of this Declaration as
provided in Paragraph 19 hereof.
31. Remedies in Event of Default.
31.1 The owner or owners of each condominium unit
shall be governed by and shall comply with the provisions of
this Condominium Declaration, the Articles of Incorporation
and By-Laws of the Association, and the Association's Rules
and Regulations, as any of the same are now constituted or
as they may be amended from time to time. A default by the
owner or owners of any condominium unit shall entitle the
Association or the owner or owners of other condominium
units to the relief hereinafter described.
31.2 Failure to comply with any of the terms of
this Condominium Declaration, Articles of Incorporation,
By-Laws of the Association, or the Association's Rules and
Regulations, as any of the same are now constituted or as
they may be amended from time to time shall be grounds for
relief, which may include, without intending to limit the
same, an action to recover sums due for damages, injunctive
relief, foreclosure of lien or any combination thereof, and
which relief may be sought by the Association, or, if appro-
priate, by an aggrieved owner of a condominium unit.
31.3 The owner or owners of each condominium unit
shall be liable for the expense of any maintenance, repair
or replacement rendered necessary by his act, neglect or
carelessness, or by that of any member of his family, or his
or their guests, employees, agents or lessees, but only to
the extent that such expenses are not met by the proceeds of
insurance carried by the Association. Such liability shall
include any increase in fire insurance rates occasioned by
use, misuse, occupancy or abandonment of a condominium unit
or its appurtenances. Nothing herein contained, however,
shall be construed so as to modify any waiver by insurance
companies of rights of subrogation.
31.4 In any proceeding arising because of an
alleged default by the owner of a condominium unit, the
successful party shall be entitled to recover the costs of
the proceeding and such reasonable attorneys' fees as may be
determined by the court.
31.5 The failure of Declarant, the Association or
of the owner of a condominium unit to enforce any right,
provision, covenant or condition which may be granted by
this Condominium Declaration or other above-mentioned docu-
ments shall not constitute a waiver of the rights of the
Declarant or the Association or of the owner of a condominium
unit to enforce such right, provision, covenant or condition
in the future.
31.6 All rights, remedies and privileges reserved
by or granted to Declarant, the Association or the owner or
Qwners of a condominium unit pursuant to any terms, provisions,
covenants or conditions of this Condominium Declaration or
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other above-mentioned documents shall be deemed to be cumu-
lative, and the exercise of anyone or more shall not be
deemed to constitute an election of remedies, nor shall it
preclude the party thus exercising the same from exercising
such other and additional rights, remedies or privileges as
may be available to such party at law or in equity.
32. Registration of MailinqAddress. Each Owner
shall register his mailing address with the Association, and
all notices or demands, except routine statements and notices,
intended to be served upon an Owner shall be sent by either
registered or certified mail, postage prepaid, addressed in
the name of the Owner at such registered mailing address.
All notices, demands or other notices intended to be served
upon the Board of Directors of the Association or the Associa-
tion shall be given by registered or certified mail, postage
prepaid, to the following registered address, 201 North Mill
Street, Aspen, Colorado 81611 until such address is changed
by notice of address change duly recorded in the office of
the Clerk and Recorder, County of Pitkin, State of Colorado.
Notices or demands to be served on Mortgagees pursuant
hereto shall be sent by either registered or certified mail,
postage prepaid, addressed in the name of the Mortgagee at
such address as the Mortgagee may have furnished to the
Owners in writing. Unless the Mortgagee so furnishes such
address, the Mortgagee shall be entitled to receive none of
the notices provided for in this Declaration. Any notice
referred to in this Section shall be deemed given when
deposited in the United States mail in the form provided for
in this Section.
33. Period of Condominium Ownership. The separate
condominium estates created by this Declaration and the
Condominium Map shall continue until this Declaration is
revoked or terminated in the manner and as is provided in
this Declaration.
34. General.
(a) Effect of provisions of Declaration:
Each provision of this Declaration, and an agreement, promise,
covenant and undertaking to comply with each provision of
this Declaration, and any necessary exception or reservation
or grant of title, estate, right or interest to effectuate
any provision of this Declaration shall:
(i) be deemed incorporated in each deed
or other instrument by which any right, title or interest in
the Project or in any Condominium Unit is granted, devised
or conveyed, whether or not set forth or referred to in such
deed or instrument;
(ii) by virtue of acceptance of any
right, title or interest in the Project or in any Condominium
Unit by an Owner, be deemded accepted, ratified, adopted and
declared as a personal covenant of such Owner, and, as a
personal covenant, shall be binding on such Owner and such
Owner's heirs, personal representatives, successors and
assigns and shall be deemed a personal covenant to, with and
for the benefit of the Association but not to, with or for
the benefit of any other non-aggrieved Owner;
(iii) be deemed a real covenant by Declarant,
for itself, its successors and assigns, and also an equitable
servitude, running, in each case, as a burden with and upon
the title to the Project and each Condominium Unit and, as a
real covenant and also as an equitable servitude, shall be
deemed a covenant and servitude, shall be deemed a covenant
and servitude for the benefit of the Project and each Condo-
minium Unit; and
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(iv) be deemed a covenant, obligation
and restriction secured by a lien in favor of the Associa-
tion, burdening and encumbering the title to the Project and
each Condominium Unit in favor of the Association.
(b) Protection of Encumbrancer: Unless
inconsistent with any of the provisions of this Declaration,
no violation or breach of or failure to comply with, any
provision of this Declaration and no action to enforce any
such provision shall effect, defeat, render invalid or
impair the lien of any first Mortgage, or other lien on any
Condominium Unit taken in good faith and for value and
perfected by recording in the office of the Clerk and Recorder
of the County of Pitkin, Colorado, prior to the time of
recording in said office of an instrument describing the
Condominium Unit and listing the name or names of the Owner
or Owners of fee simple title to the Condominium Unit and
giving notice of such violation, breach or failure to comply;
nor shall such violation, breach, failure to comply or
action to enforce affect, defeat, render invalid or impair
the title or interest of the holder of any such first Mortgage,
or other lien or the title or interest acquired by any
purchaser upon foreclosure of any such first Mortgage or
other lien or result in any liability, personal or otherwise,
of any such holder or purchaser. Any such purchaser at
foreclosure shall, however, take subject to this Declaration;
provided, however, that violation or breaches of, or failures
to comply with, any provisions of this Declaration which
occurred prior to the vesting of fee simple title in such
purchaser shall not be deemed breaches or violations hereof
or failures to comply herewith with respect to such purchaser,
his heirs, personal representatives, successors or assigns.
(c) Supplemental to 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 provisions of law.
(d) Numbers and Genders: ~lhenever used
herein, unless the context shall otherwise provide, the
singular number shall include the plural, the plural the
singular, and the use of any gender shall include all genders.
(e) Successors and Assigns: This Declaration
shall be binding upon and shall inure to the benefit of the
Declarant, the Association and each Owner, and the heirs,
personal representatives, successors and assigns of each of
them.
(f) Severability: Invalidity or unenforce-
ability of any provision of this Declaration in whole or in
part shall not affect the validity or enforceability of any
other provision or any valid and enforceable part of a pro-
vision of this Declaration.
(g) Captions: The captions and headings in
this Declaration are for convenience only and shall not be
considered in construing any provision of this Declaration.
(h) No Waiver: Failure to enforce any
provision of this Declaration shall not operate as a waiver
of any such provision or of any other provision of this
Declaration.
(i) Rule Against Perpetuities: If any of
the options, privileges, covenants or rights created by this
Declaration shall be unlawful, void or voidable for violation
of the rule against perpetuities, then such provision shall
continue only until twenty-one (21) years after the death of
the survivor of the now living descendants of the President
of the United States, Ronald Reagan, and the Governor of Colorado,
'Richard Lamm.
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(j) New Additions of General Common Elements
and Limited Common Elements: The Declarant does not intend
to make any major additions of General or Limited Common
Elements, and does not intend any expansion of the Project.
If the Association would make any such additions, however,
a) each Owner would be responsible for his percentage of any
increase in Common Expenses created thereby, b) each Owner
would own, as a tenant in common with the other Owners, an
undivided interest in the new additions in accordance with
the interests set forth on Exhibit B attached hereto, c)
each Owner's interest in the existing General and Limited
Common Elements would be unaffected by such additions, and
d) each Owner's voting powers in the Association would be
unaffected by such additions.
(k) General Reservations: Declarant reserves
the right to establish easements, reservations, exceptions
and exclusions consistent with the condominium ownership of
the condominium project and for the best interests of the
condominium unit owners and the Association in order to
serve the entire condominium project.
IN WITNESS WHEREOF, Declarant has duly executed
this Declaration this day of
1981.
Declarant:
LARRY ROSENFIELD
STATE OF COLORADO)
) 55.
COUNTY OF PITKIN )
The foregoing
this _ day of
LARRY ROSENFIELD.
instrument was acknowledged before me
, 1981, by the Declarant,
WITNESS my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT A
Lots K, L, and M
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot in West End
Street ~Iest of said Block 26 in East Aspen Adaition in and to
the City of Aspen, also referred to as Lot West of Lot K in
said Block 26, East Aspen Addition in and to the City of Aspen,
described as follows:
"bounded on the North by the Northerly line of Block 26 extended
Westerly a distance of 30 feet;"
"bounded on the South by the Southerly line of Block 26 extended
Westerly a distance of 30 feet;"
"bounded on the East by the Westerly line of Lot K in said
Block 26, being a distance of 100 feet;"
"and bounded on the West by a line 30 feet Westerly of and at
all points parallel to the Westerly line of said Lot K in
Block 26."
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EXHIBIT B
Unit No. Percent of
Ownership
1 6.25%
2 6.25%
3 6.25%
4 6.25%
5 6.25%
6 6.25%
7 6.25%
8 6.25%
9 6.25%
10 6.25%
11 6.25%
12 6.25%
13 6.25%
14 6.25%
15 6.25%
16 6.25%
TOTAL 100.00%
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BY-LAWS
OF
THE LAURILAT CONDOMINIUM ASSOCIATION, INC.
ARTICLE I
Purposes; Principal Office; Seal
1.01 This non-profit corporation (herein referred to
as the "Corporation") is formed to govern the property situate
in the County of Pitkin, State of Colorado, known as Laurilat
Condominiums (herein referred to as the "Condominium"), which
property has been submitted to condominium ownership by recorded
condominium declarations (herein referred to as the "Declara-
tion") .
1.02 The principal office and place of business of the
Corporation shall be 900 E. Hopkins, Aspen, CO 81611. Other
offices and places of business may be established from time to
time by resolution of the Board of Directors.
1.03 The seal of the Corporation shall have inscribed
thereon the name of the Corporation, the year of its incorpora-
tion, and the words "Colorado" and "Seal," and shall be in such
form as may be approved by the Board of Directors, which shall
have power to alter the same at pleasure.
ARTICLE II
11embers
2.01 Each person, joint venture, partnership or corpora-
tion which owns all or a part of a condominium unit at the
Condominium (hereinafter referred to as "Owner"), shall automa-
tically be a member of this Corporation and be subject to these
By-Laws. Such membership shall terminate without any formal
Corporation action whenever such person ceases to be an Owner,
but such termination shall not relieve or release any such Owner
from any liability or obligation owing to this Corporation or
impair any rights or remedies which the Corporation may have
against such Owner arising out of or in any way connected with
such ownership and membership.
2.02 Only members of record on the books of the Corp-
oration shall be entitled to be treated by the Corporation as
members in fact, and the Corporation shall not be bound to
recognize any equitable or other claim to, or interest in, any
membership on the part of any other person, firm or corporation,
whether or not it shall have express or other notice thereof.
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2.03 For the purpose of determining members entitled
to notice of or to vote at any meeting of members, or any ad-
journment thereof, or in order to make a determination of
members for any other proper purpose, the Board of Directors may
fix in advance a date as the record date for any such deter-
mination, such date in any case to be not more than fifty (50)
days and, in case of a meeting of members, not less than ten
(10) days prior to the date on which the particular action
requiring such determination is to be taken. If the Board of
Directors does not fix in advance a record date, as above pro-
vided, then the record date for the determination of members
entitled to notice of, or to vote at any meeting of members, or
any adjournment thereof, or for the determination of members for
any other proper purpose shall he thirty (30) days prior to the
date on which the particular action requiring such determination
is to he taken.
2.04 Meetings of members shall be held at the princi-
pal office of the Corporation or at such other location as may
be specified in a proper notice of meeting.
2.05 In the absence of a resolution of the Board of
Directors providing otherwise, the annual meeting of members for
the election of directors, and for the transaction of such other
business as may properly come before the meeting, shall be held
on the third Thursday in ,January in each year I if the same be
not a legal holiday, and if a legal holiday, then on the next
succeeding business day, at 10:00 a.m. If a quorum be not
present, the meeting may be adjourned from time to time, but no
single adjournment shall exceed sixty (60) days. The first
annual meeting of members shall be held on January 15, 1982.
2.06 Special meetings of members may he called by the
president (or in his absence by a vice president), the Board of
Directors, or members entitled to cast not less than one-quarter
of all votes on the subject matter for which the meeting is
called.
2.07 Written or printed notice stating the place, day
and hour of the members' meeting, and in case of a special
meeting the purpose or purposes for which the meeting is called,
shall be delivered not less than ten (10) days nor more than
fifty (50) days before the date of the meeting, either per-
sonally or by mail, by or at the direction of the president, the
secretary, the Board of Directors, or the persons calling the
meeting, to each member of record. If mailed, such notice shall
be deemed to be delivered when deposited in the United States
mail addressed to the member at his address as it appears on the
membership transfer books of the Corporation, IVith postage
thereon prepaid. Failure to deliver such notice or obtain a
waiver thereof shall not cause the meeting to be lost, but it
shall be adjourned by the members present for a period not to
exceed sixty (60) days until any deficiency in notice or waiver
shall be supplied.
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2.08 The officer or agent having charge of the member-
ship transfer books of this Corporation shall make, at least ten
days before each meeting of members, a complete list of the mem-
bers (and persons designated in w~itings filed with the Corpora-
tion pursuant to Article VI of the Articles of Incorporation)
entitled to vote at such meeting or any adjournment thereof,
arranged in alphabetical order, with the address of and the
number of votes which may be cast by each, which list, for a
period of ten (10) days prior to such meeting, shall be kept on
file at the principal office of the Corporation, and shall be
subject to inspection by any member at any time during usual
business hours. Such list shall also be produced and kept open
at the time and place of the meeting and shall be subject to the
inspection of any member during the whole time of the meeting.
The original membership transfer books shall be prima facie
evidence as to who are the members entitled to examine such list
or transfer book or to vote at any meeting of members.
2.09 A quorum at any meeting of members shall consist
of a majority of the votes entitled to be cast thereat, re-
presented in person or by proxy. If a quorum is present, the
affirmative vote of a majority of the votes represented at the
meeting and entitled to be cast on the subject matter shall be
the act of the members, unless the vote of a greater number is
required by law, the Articles of Incorporation or these By-Laws.
2.10 A member may vote either in person or by proxy
executed in writing by the members or by his duly authorized
attorney in fact. No proxy shall be valid after eleven months
from the date of its execution, unless otherwise provided in the
proxy.
ARTICLE I II
Directors
3.01 The business and affairs of the Corporation shall
be managed by a board of not less than three nor more than five
directors who shall be Owners and who shall be elected at the
annual meeting of members or some adjournment thereof.
Directors shall hold office until the next succeeding annual
meeting of members or until their successors shall have been
elected and shall qualify; however, no provision of this section
shall be restrictive upon the right of the Board of Directors to
fill vacancies or upon the right of members to remove directors
as is hereinafter provided.
3.02 The annual meeting of the Board of Directors
shall be held at the same place as, and immediately after, the
annual meeting of members, and no notice shall be required in
connection therewith. The annual meeting of the Board of
Directors shall be for the purpose of electing officers and the
transaction of such other business as may come before the
meeting.
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3.03 Special meetings of the Board of Directors ~ay be
called at any time by the president (or in his absence by a vice
president), or by any director, and may be held within or
outside the State of Colorado at such time and place as the
notice or waiver thereof may specify. Notice of such meetings
shall be mailed or telegraphed to the last known address of each
director at least five (5) days, or shall be given to a
director in person or by telephone at least forty-eight hours,
prior to the date or time fixed for the meeting. Special
meetings of the Board of Directors may be held at any time that
all directors are present in person, and presence of any
director at a meeting shall constitute waiver of notice of such
meeting except as otherwise provided by law. Unless specific-
ally required by law, the Articles of Incorporation or these
By-Laws, neither the business to be transacted at, nor the
purpose of, any meeting of the Board of Directors need be
specified in the notice or waiver of notice of such ~eeting.
3.04 A quorum at all meetings of the Board of
Directors shall consist of a majority of the number of directors
then fixed by these By-Laws, but a smaller number may adjourn
from time to time without further notice, until a quorum be
secured. The act of the majority of the directors present at a
meeting at which a quorum is present shall be the act of the
Board of Directors, unless the act of a greater number is re-
quired by the Articles of Incorporation or these By-Laws.
3.05 Any vacancy occurring in the Board of Directors
may be filled by the affirmative vote of a majority of the
remaining directors though less than a quorum of the Board of
Directors. A director elected to fill a vacancy shall be
elected for the unexpired term of his predecessor in office, and
shall hold such office until his successor is duly elected and
shall qualify. Any directorship to be filled by reason of an
increase in the nunber of nirectors shall be filled by the
affirmative vote of a majority of the directors then in office
or by an election at an annual meeting, or at a special meeting
of members called for that purpose. A director chosen to fill a
pOEition resulting from an increase in the number of directors
shall hold office until the next annual meeting of members and
until his successor shall have been elected and shall qualify.
3.06 Directors may receive such fees as may be es-
tablished by appropriate resolution of the Board of Directors
for attendance at meetings of the board, and in addition there-
to, shall receive reasonable traveling expense, if any is re-
quired, for attendance at such meetings.
3.07 The Board of Directors may by resolution de-
signate blO or more directors to constitute an executive
committee which shall have and may exercise such authority in
the management of the Corporation as shall be provided in such
resolution.
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3.08 The members nay, at a meeting called for the
express purpose of removing directors, by a majority of the
whole number of votes of all members of the Corporation, remove
the entire Board of Directors or any lesser number, with or
without cause.
ARTICLE IV
Officers
4.01 The officers of the Corporation shall be a
president, one or more vice presidents, a secretary and a
treasurer, who shall be appointed by the Board of Directors at
its first meeting after the annual meeting of members. Unless
removed in accordance with procedures established by law and
these By-Laws, the said officers shall serve until the next
succeeding annual meeting of the Board of Directors and until
their respective successors are appointed and shall qualify.
Any two offices, but not more than two, may be held by the same
person at the same time, except that one person may not simul-
taneously hold the offices of president and vice president, or
that of president and secretary.
4.02 The board may appoint a general manager, one or
more assistant secretaries and one or more assistant treasurers
as it may deem advisable, who shall hold office at the pleasure
of the board, and shall be paid such compensation as may be dir-
ected by the board.
4.03 The officers of the Corporation shall re-
spectively exercise and perform the respective powers, duties
and functions as are stated below, and as may be assigned to
them by the Board of Directors.
(a) The president shall be the chief executive
officer of the Corporation and shall, subject to the control of
the Board of Directors, have general supervision, direction and
control of the business and affairs of the Corporation. He
shall preside at all meetings of the members and of the Board of
Directors. The president or a vice president, unless some other
person is specifically authorized by the Board of Directors,
shall sign all bonds, deeds, mortgages, leases and contracts of
the Corporation. The president shall perform all the duties
commonly incident to his office and such other duties as the
Board of Directors shall designate.
(b) In the absence or disability of the pre-
sident, the vice president or vice presidents, in order of their
rank as fixed by the Board of Directors, and if not ranked, the
vice presidents in the order designated by the Board of
Directors, shall perform all the duties of the president, and
when so acting shall have all powers of, and be subject to all
the restrictions on the president. Each vice president shall
have such other powers and perform such other duties as may from
time to time be assigned by him by the president.
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(c) The secretary shall keep accurate minutes of
all l'leetings of the l'lel'lbcrs and the Board of Directors. He
shall keep, or cause to he kept, a register of the mcmbers of
thc Corporation and shall be responsible for the giving of
notice of meetings of the members or of the Board of Directors.
The secretary shall be custodian of the records and of the seal
of the Corporation and shall attest the affixing of the seal of
the Corporation when so authorized. The secretary shall perform
all duties commonly incident to his office and such other duties
as may from time to time be assigned to him by the president.
(d) An assistant secretary may, at the request
of the secretary, or in the absence or disability of the
secretary, perform all of the duties of the secretary. He shall
perform such other duties as may bc assigncd to him by the
prcsident or by the secretary.
(e) The treasurer, subject to the order of the
Board of Directors, shall have the care and custody of thc
money, funds, valuable papers and documents of the Corporation.
He shall keep accurate hooks of accounts of the Corporation's
transactions, which shall be the property of the Corporation,
and shall render financial reports and statements of condition
of the Corporation when so requested by the Board of Directors
or president. The treasurer shall perform all duties commonly
incident to his office and such other dutics as may from time to
time be assigned to him by the president.
(f) An assistant treasurer May, at the request
of the treasurer, or in the absence or disability of the
treasurer, perform all of the duties of the treasurer. He shall
perform such other duties as May be assigned to hiM by the
president or by the treasurer.
4.04 All officers of the Corporation may receive sala-
ries or other compensation if so ordered and fixed by the Board
of Directors. The board shall have authority to fix salaries in
advance for stated periods or render the same retroactively as
the board may deem advisable.
4.05 In the event of absence or inability of any
officer to act, the Board of Directors may delegate the powers
or duties of such officer to any other officer, director or
person whom it may select.
4.06 Any officer or agent may be removed by the Board
of Directors, at a meeting called for that purposc, whenever in
its judgment the best interests of the Corporation will be
served thereby, but such removal shall be without prejudice to
the contract rights, if any, of the person so rcmoved. Appoint-
ment of an officer or agent shall not, of itself, create con-
tract rights.
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ARTICLE V
Finance
5.01 The Board of Directors, in its uncontrolled
discretion, Ray set aside from time to time such sum or sums as
it deems expedient as a reserve fund to meet contingencies, for
maintaining any property of the Corporation, and for any other
purpose.
5.02 The monies of the Corporation shall be deposited
in the name of the Corporation in such bank or banks or trust
company or trust companies, as the Board of Directors shall
designate, and may be drawn out only on checks signed in the
name of the Corporation by such person or persons as the Board
of Directors by appropriate resolution may direct. Notes and
commercial paper, when authorized by the Board, shall be signed
in the name of the Corporation by such officer or officers or
agent or agents as shall thereunto be authorized from time to
time.
5.03 The fiscal year of the Corporation shall be
determined by resolution of the Board of Directors.
ARTICLE VI
lIaiver of Notice
6.01 Any member, officer or director may waive, in
writing, any notice required to be given by law or under these
By-Laws, whether before or after the time stated therein.
ARTICLE VII
Action without a Meeting
7.01 Nothing in these By-Laws contained shall be con-
strued to prevent any action required to be taken or which might
be taken at a meeting of the directors, executive committee, if
there be one, or members of this Corporation, to be taken with-
out a meeting if a consent in writing, setting forth the action
so taken shall be signed by all of the directors, executive com-
mittee members, if there be one, or members entitled to vote
with respect to the subject matter hereof.
ARTICLE VIII
Indemnification of Directors and Officers
8.01 The Corporation shall indemnify every director or
officer, his heirs, executors and administrators, against ex-
penses reasonably incurred by him in connection with any action,
suit or proceeding to which he may be made a party by reason of
his being or having been a director or officer of the Corporation,
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or at its request of any other Corporation of which it is a
stockholder or creditor and from which he is not entitled to be
indemnified, except in relation to matters as to which he shall
be finally adjudged in such action, suit or proceeding to be
liable for negligence or misconduct; in the event of a settle-
ment, indemnification shall be provided only in connection with
such matters covered by the settlement as to which the Corpora-
tion is advised by counsel that the person to be indemnified did
not commit such a breach of duty. The foregoing right of
indemnification shall not be exclusive of other rights to which
he may be entitled.
AI,TICLE IX
Amendments
9.01 These By-Laws may be altered, amended or repealed
at the annual meeting of the Board of Directors or at any special
meeting of the board called for that purpose.
The above By-Laws approved and adopted by the Board of
Directors on this day of , 1981.
Secretary
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CONTRACT FOR SALE AND PURCHASE
THIS AGREE/1EHT made and entered into this day
of , 1981, by and hetween Larry Rosenfield
(hereinafter referred to as "Seller"), and
(as joint tenants) (as tenants in common), hereinafter
referred to as "Purchaser."
1.
RECITALS
1.1 Proiect. Seller is the owner of a certain
parcel of property located in the City of Aspen, pitkin
County, State of Colorado, which is presently improved with
a 16 unit apartment building as more specifically described
in Exhibit A attached hereto and incorporated herein by this
reference. It is the intention of the Seller to convert the
improvements into a condominium ownership project under the
laws of the State of Colorado, known as The Laurilat Condomin-
iums (hereinafter referred to as the "Project").
1.2 Condominium Declaration and Related Documents.
The Project will be subject to a Condominium Declaration in
a form substantially similar to that attached hereto as
Exhibit B, providing for the condominium ownership of the
Project, and Articles of Incorporation and By-Laws in the
form attached hereto as Exhibit C and Exhihit n respectively.
The Condominium Declaration specifies the nature of the
interest in the common elements appurtenant to the unit
being purchased hereunder along with the owner's voting
rights, assessments obligations and other rights and obliga-
tions.
1.3 Plans Attached. A plan of the building
elevation of the Project is attached hereto as Exhibit E.
A list of improvements to be made prior to closing to the
existing Project and condominium unit is attached hereto
as Exhibit F.
1.4 Seller desires to sell and Purchaser desires
to buy one of the condominium units in the Project.
1.5 NOW THEREFORE, for and in the consideration
of the mutual covenants and agreements herein set forth and
other good and valuable consideration, receipt of which is
hereby acknowledged, the parties agree as follows:
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II.
Pl\SIr AGPEF:tWl,lT
2.1 mhe Property. Subject to the ter~s and
conditions set forth ~eroin, Seller agrees to sell and
Purchaser agrees to purchase and pay for the following
conrloninium ("Condoniniun Unit"), together with the interests,
rights, and obligations appurtenant and incirlent to ownership
of such Condominium Unit as set forth in Exhibit A, to be
described as follows:
Condominiu"l Unit
The Lauri1at CondMiniul'1s
according to the Condol'1inium Map in Plat Rook
at Pa'1e' , and the Condor~iniul'1 Declaration for
The Lal1ri1at Condol'1iniul'1s recorrlecl in Rook
at Page pitkin rounty, Colorarlo.
2.2 Purchase price.
rondol'1iniul'1 UnitS-hall be $
follows:
The purchase price for the
, and is pavable as
a.
Upon Buyer's execution of this contract,
shall he paid in cash or by check
which amount in the forn of
the sum of $
to Seller, the receipt of
is hereby acknowledged.
b. $ in the forn of Purchaser's
promissory note payable -to -the Seller, which shall be secured
by a first deed of trust on the Condorniniul'1 Unit and shall
bear interest at the rate char~cd at the date of closing by
the Federal Home Loan Mortgage Corporation for 10nq-terl'1
residential real estate loans, and shall be payable in equal
monthly installments of principal and accrued interest hased
on a 20-year amortization comnencing one month after the
date of closing and continuing for _ successive months at
which time the entire outstanding principal and interest
shall be due and payable.
c. The balance in cash or certified funds
at closing.
2.3 Holding of Sums. All sums paid by Purchaser
to Seller pursuant -hereto are-accepted by Seller subject to
the provisions of this Agreement. Purchaser agrees that
neit~er Seller nor Seller's agent shall be required to seg-
regate such sums in an escrow or trust account. The Seller
nay utilize such suns in any "lanner he so rlesires, provirlerl,
however, that such right of Seller shall not affect any
riaht of Purchaser to recaynent of such suns by Seller to
the extent such right is provided under this Agreenent.
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2.4 Conditions to Agreement.
a. Seller shall obtain the approval of the
City of Aspen for condominiumization of the Project subject
to the provisions of Section 20-22 of the Municipal Code of
the City of Aspen on or be fore ~larch 1, 1982. In the event
that Seller shall fail to obtain approval to condominiumize
by said date, this Agreement shall become null and void and
of no effect.
b. If this Agreement shall become null and
void pursuant to subparagraph a above, Seller shall return
to Purchaser all payments made by Purchaser hereunder as
follows: four equal quarterly installments payable on April
1, 1982, July 1, 1982, October 1, 1982 and January 1, 1983;
and all documents executed by Purchaser hereunder, and
neither Purchaser nor Seller shall have any further obliga-
tions hereunder.
2.5 Condominium Oocuments. Pursuant to the
Condominium Ownership Act of Colorado, Purchaser acknowledges
upon the execution of this Agreement, receipt of a copy of
the By-Laws of The Lauri1at Condominium Association. Purchaser
also acknowledges receipt of a copy of the Articles of
Incorporation of the Condominium Association and the Condominium
Declaration of The Lauri1at Condominiums. The aforementioned
By-Laws, Articles of Incorporation and Condominium Oeclaration
are hereby referred to as the "Condominium Documents. II
Purchaser shall have 10 days from the date hereof to approve
the Condominium Documents, which approval shall not be
unreasonably withheld. Should Purchaser not object to the
Condominium Documents within the time allowed, purchaser's
approval thereof shall conclusively be deemed given. If at
any time during said 10 day period, Purchaser objects to the
Condominium Documents, then this Agreement shall be null and
void and all monies paid by Purchaser hereunder shall be
returned immediately. After Purchaser's approval of the
Condominium Documents, Seller shall be permitted to make
modifications to the Condominium Documents with the approval
of Purchaser, which approval shall not be unreasonably
withheld. In no way will any failure or refusal of Purchaser
to approve the Condominium Documents or any modifications
thereto, limit, impair, or otherwise interfere with Seller's
right to promulgate or make modifications to the Condominium
Documents.
2.6 Title Commitment. At least 30 days prior to
the date of closing, Seller shall obtain, at its own expense
and deliver to Purchaser, a current commitment for title
insurance (with standard printed exceptions) in the full
amount of the purchase price insuring fee simple title to
the Condominium Unit. Purchaser shall have 10 days after
receipt of such commitment to object and notify Seller in
writing of any defects which will render title to the Condo-
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minium Unit unmarketable, or Purchaser will be deemed to
have waived any such objections. Seller shall have 60 days
after receipt of such notice within which to cure such
defects. If after this 60 day period, Seller has not cured
these defects, Purchaser, at its option, may terminate this
Agreement by giving written notice to Seller within 7 days
after expiration of the aforesaid period whereupon Seller
shall promptly refund all monies paid hereunder and the
parties shall be released from all further obligations
hereunder. If Purchaser fails to qive such notice to Seller
hereunder, Purchaser shall be deemed to have waived any
objections to the title and agrees to close upon this Agree-
ment in accordance with its terms. Notwithstanding the
preceding, Purchaser agrees that none of the following
exceptions are title defects rendering Seller's title un-
marketable, nor shall any such exception be the subject of
any objection hereunder:
a. U. S. Patent Reservations of record.
b. Terms, obligations and conditions contained
in the Condominium Declaration for The Lauri1at Condominiums
to be recorded prior to cloSin0.
c. Rental restrictions as set forth in
Section 20-22(b) of the Aspen Municipal Code.
2.7 Closing. The closing upon the settlement of
this purchase and delivery of the deed to Purchaser shall
take place on January 2, 1982 or 30 days after Seller has
provided Purchaser with written notice that the condominium-
ization of the Project is complete or will be substantially
complete within said 30 day period. Closing shall take
place at the offices of Transamerica Title in Aspen, Colorado,
or such other place as Seller shall designate.
2.8 Items to be Delivered in Connection with Closing.
The fol10win0 items shall be delivered by the parties in
connection with the c1osin0:
a. Items to be Delivered by Purchaser.
(i) Purchaser shall deliver to Transamerica
Title not later than one day prior to the closing date, all
of the remaining payments required to be made by Purchaser
hereunder, together with the originals duly executed of all
of the loan documentation, if any, and such other documentation,
including any settlement statements, as is customary in like
or similar transactions;
b. Items to be Delivered by Seller. Prior
to the closing, Seller shall execute and deliver to escrow
agent:
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referred
(i)
the CondoMinium
to in Paragraph
A special warranty deed conveying
"nit subject only to the matters
2.6 above; and
(ii) Such other documentation, including
any settlement statements, as is customary in like or similar
transactions.
Recordation of the deed shall constitute delivery
thereof to Purchaser and upon such delivery, all payments by
Purchaser to Seller provided for herein shall become the
absolute property of Seller.
2.9 Title Policy. As promptly as possible after
the closing, Seller shall pay the premium on and cause the
title insurance policy covering the Condominium Unit to be
issued and delivered to Purchaser. Such title insurance
policy shall show fee simple title to the Condominium Unit
to be vested in Purchaser as of the closing subject only to:
a. Non-delinquent real property taxes and
assessments, including any special service district taxes,
assessment fees or charges;
b. Non-delinquent assessments under the
Condominium Declaration, if any;
c. The Condominium Declaration;
d. The Condominium Map;
e. The Articles of Incorporation of the
Condominium Association;
f. U.S. Patent reservations and exceptions
affecting the property on which the Project is located;
g. Any deed of trust or mortgage executed
by Purchaser;
h. Standard title exceptions and exclusions
from coverage; and
i. Rental restrictions as set forth in
Section 20-22(b) of the Municipal Code of the City of Aspen.
2.10 Prorations at Closing. Taxes shall be prorated
to the time of closing. Such proration shall be based upon
the Seller's best estimate of the assessed evaluation of the
Condominiums and upon the mill levy existing with respect to
the lands included within the Project during the year proceed-
ing the year in which closing occurs. Condominium assessments,
if any, shall also be prorated at closing. Purchaser shall
pay the costs of recording the deed, including the Colorado
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documentary fee and any sales taxes due upon the sale of
personal property. These payments shall be a part of the
payments herein required to be made by Purchaser on or
before the date of closing.
2.11 Default. If any payment or other condition
hereof is not made, tendered or performed by either the
Seller or Purchaser as herein provided, then this Agreement,
at the option of the party who is not in default, may be
terminated by such party, in which case the non-defaulting
party may recover such damages as may be proper. In the
event of such default by Seller and the Purchaser elects to
treat the contract as terminated, then all payments made
hereunder shall be returned to Purchaser. In the event of
such default by Purchaser and the Seller elects to treat the
contract as terminated, then all payments made hereunder
shall be forfeited and retained on behalf of the Seller. In
the event, however, that the non-defaulting party elects to
treat the contract as being in full force and effect, the
non-defaulting party shall have the right to an action for
specific performance and damages.
2.12 Representations and ~arranties of Seller.
Seller represents, warrants and agrees as follows:
a. Brokerage Fees. If Seller has incurred
any obligation contingent or otherwise for brokerage or
finder's fees in respect to the matters provided for in this
Agreement, it shall remain an obligation of Seller and Pur-
chaser shall have no responsibility therefore.
b. Disclaimer. Seller makes no other rep-
representations or warranties express or implied.
2.13 Representations, Warranties and Agreements of
Purchaser. Purchaser hereby represents, warrants and agrees
as follows:
a. Power and Authority. Purchaser has full
power and authority to enter into and perform this Agreement
in accordance with its terms;
b. Investigation. Purchaser or Purchaser's
designated agent has personally inspected the Project and
has made or has caused to be made on his behalf an independent
investigation of the Project, the tax and legal consequences
with repect to the purchase and ownership of the Condominium
Unit and the expenses to be incurred in connection therewith.
c. No Management or Investment Representation.
Purchaser hereby acknowledges his understanding that this is
an agreement for the purchase and sale of the real property
only, and recites that neither the Seller nor Seller's
agents have represented the subject Condominium Unit as an
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investment or any investment security, and further acknow-
ledges that no management service requirements, commitments
or representations have been made with respect thereto.
2.14 Notices. All notices permitted or required
hereby shall be in writing and shall be given by registered
or certified mail, postage prepaid, addressed to the parties
at the addresses set forth below:
Sachs,
Aspen,
If to the Seller:
Klein & Seigle, 201 North
Colorado 81611;
Larry Rosenfield, c/o
Mill Street, Suite 201,
If to the Purchaser: at the mailing address
set forth under Purchaser's signature.
Any notice, demand, payment or other communica-
tion made in accordance with this paragraph shall be deemed
to have been duly given, delivered and received on the date
that the same is hand delivered to the recipient or when the
same is deposited in any post office or postal box regularly
maintained by the U.S. post office.
2.15 Miscellaneous. This Agreement constitutes
the entire understanding and agreement among the parties
hereto with respect to the subject matter hereof and there
are no agreements, understandings, or representations or the
like other than those expressly set forth herein. This
Agreement and ~ll aspects of the transactions contemplated
hereunder shall be construed and enforced in accordance with
the laws of the State of Colorado. The terms and provisions
hereof shall survive the closing and shall remain in full
force and effect thereafter. The Agreement shall be binding
upon and inure to the benefit of the parties hereto, their
heirs, personal representatives, successors and assigns.
This Agreement shall not be recorded by Purchaser in the
real estate records of pitkin County, Colorado, without the
express written consent of Seller and any such recording in
violation hereof shall be considered a slander of Seller's
title.
SELLER:
LARRY ROSENFIEI,D
PURCHASER:
Hailing Address:
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MEMORANDUM
DATE: March 10, 1981
TO: Alan Richman
FROM; Bob Edmondson
RE; Laurilat Subd1vision Except10n
If the above entitled subdivision exception is granted, the
approval should be conditioned upon full comp11ance with the
requirements of Section 20-22 of the Municipal Code of the City of
Aspen and the six-month rental restrictions.
RBE;mc
DATE:
Alan RiChCJ
Jim Reent
February 26, 1 1
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TO:
FROM:
RE:
Laurilat Subdivision Exception
The Housing Office has no comments with regard to the above mentioned
application. The information submitted by the applicant indicates
that the units have been historically rented above our guidelines.
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AFFIDAVIT
The affiant being first duly sworn upon his oath,
deposes and says:
1. That he is the owner of certain real property
described as:
Lots K, Land M
Block 26
EAST ASPEN ADDITION
and also
Lot in West End Street, also referred to as Lot in
West End Street West of said Block 26 in East Aspen
Addition in and to the City of Aspen, also referred
to as Lot West of Lot K in said Block 26, East Aspen
Addition in and to the City of Aspen, described as
follows:
"bounded on the North by the Northerly line of
Block 26 extended Westerly a distance of 30 feet;"
"bounded on the South by the Southerly line of
Block 26 extended Westerly a distance of 30 feet;"
"bounded on the East by the Westerly line of Lot
K in said Block 26, being a distance of 100 feet;"
"and bounded on the West by a line 30 feet Westerly
of and at all points parallel to the Westerly line
of said Lot K in Block 26."
which is presently improved with a 16 unit apartment building.
2. As indicated on the Condominium Plat submitted with
the Application for Exemption from Subdivision Regulations,
each unit is a studio apartment 280 sq. ft. in size.
3. That rentals charged for the last three years for
the premises are as follows:
First Floor
Second Floor
1977
1978
1979
1980
$245
$325
$360
$365
$265
$345
$380
$395
4. That no tenants have been required to move in-
voluntarily within the last preceeding eighteen months prior
to this application.
5. The affiant does not intend to sell any of the
units in the building to any employer or group of employers
who intend to rent the units to their employees.
6. All of the requirements of ~20-22(a) have been com-
plied with prior to the Application for Exemption.
FURTHER THE AFFIANT SAYETH NOT.
Dated this IS day of February, 1981.
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STATE OF COLORADO
ss.
COUNTY OP PITKIN
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The foregoing Affidavit was subscribed and sworn to
before me this il- day of February, 1981, by Lawrence Rosenfield.
WITNESS my hand and official seal.
~1y commission expires: <f'-/</-P')"
(SEAL)
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Notary Public
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MEMORANDUM
TO: City Attorney
City Engineer
Housing Director
Building Inspector/Fire Marshall
FROM: Alan Richman, Planning Office
RE: Laurilat Subdivision Exception (Condominiumization)
DATE: February 23, 1981
The attached application requests exception from full subdivision regulations
for the purpose of condominiumizing the Laurilat Apartments, a sixteen unit
building owned by Lawrence Rosenfield. This item is scheduled for review
by the Aspen Planning and Zoning Commission on April 7, 1981. Please return
any comments you may have concerning this application no later than March 11,
1981. Thank you.
.
o
MEMORANDUM
o
FROM:
Louis Buettner, Engineering Department
, L',~-i)
; !I
11 1931 U j
__,,"'~n--..}
",", A PEN / PiT'{IN CO.
.... PLANNiNG UfFiCe:
._''\ '-'-j (--' i'-
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TO:
Alan Richman, Planning Office
DATE:
March 10, 1981
RE: Laurilat Subdivision Exception (Condominiumizationl
After having reviewed the survey plat, condominiumization plats,
and made a site inspection, the Engineering Department finds the
following:
1. The request made by the applicant is for an exemption, not
the exception as stated in the Planning Department's memo-
randum.
2. The plat and request for exemption both call for a portion of
West End Street; the Engineering Department's records show
no vacation of West End Street in the area. If the applicant
has record of the street vacation or evidence that the street
was never platted, that information should be given to this
department.
3. The following corrections should be made to the condominium
plats:
SHEET 1
a) In the property description the term "East Aspen Addition"
should be East Aspen Townsite.
b) The owner's certificate requires pitkin to be added
following the term "The Records of the Clerk and Recorder
of the County of "
c) Add a line for the owner to sign on, with the owner's name
below the line.
d) Legend and Notes: To the note for elevations are based
on, add "By Cooper Aerial, Tucson, Arizona" following
"Aspen Aerial Survey".
e) To the build footprint, explain the broken line outside
the main building boundary.
f) Show a width for the existing sidewalk and locate the side-
walk from the face of curb.
g) Locate face-of-curb from centerline of right-of-way, show
centerline.
h) Show evidence of West End Street vacation or note it was
never a street.
.
Laurilat
PAGE TWO
..0
Subdl.vl.sl.on
o
Exception
SHEET 2
a) Distance of Units 15 and 16; widths are also missing.
b) Distances are missing for stairs opposite Units 9 and 12
on the second floor Plan View.
SHEET 3
a) Add the word "typical" to dimension that is typical.
b) Show the upper limits of the upper floor units.
c) Show the roof structure as being a general common element.
The Engineering Department has but one major problem with this
submission, that being the reference to West End Street in the
property description.
I"'" ",."
...... -
SACHS KLEIN & SEIGLE
JEFFREY H. SACHS
HERBERT S. KLEIN
JON DAVID SEIGLE
ArrORNEYS AT LAW
201 NORTH MILL STREET
ASPEN, COL.ORADO 81811
TELEPHONE
(303) 828-8700
JAMES H. DELMAN
February 18, 1981
n~Jl 2/1V<t/
Sunny Vann
Planner
City of Aspen
130 S. Galena
Aspen, Colorado 81611
Re: Application for Exemption from Subdivision
Regulations - Laurilat Condominiums
Dear Sunny,
Please find enclosed an Application for Exemption from
Subdivision Regulations for the above-referenced property.
I am also enclosing three Condominium Plats that have been
prepared for the subject property. You will find, for your
review, the proposed condominium documentation for the
project, including Condominium Declarations, By-Laws and
Articles of Incorporation.
Finally, you will find enclosed a check in the amount
of $50.00 as provided for in ~20-20(a) of the Aspen Muni-
cipal Code. I would appreciate your contacting me when you
have determined when this matter will be placed on the
agenda for the Planning and Zoning Commission.
If you have any questions, please do not hesitate to
contact me.
Sincerely yours,
SACHS, KLEIN & SEIGLE
-
Seigle
JDS:jlw
Enclosures
cc: Lawrence Rosenfield
(
ASPEN/PITKIN PLANNING OFFICE
130 South Galena St,eet
Aspen, Colorado 81611
)(l..~)k,). KJJ i1J -i \ I€CUl
'i(I ~FI1ji\.m,l\ '
i~"Y\ . Cf, \ ~ Ilpl\
LAND USE APPLICATION FEES
County
00100- 63711 09009-00000
63712
63713
63714
63715
63716
63717
City
00100 - 63721 09009 - 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
Name:
Address:
Check No.
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project:
Phone:
, 1Zj(), (JII
L) I
rik<l.,l, lu.,.
~, /) .&f)'a
Date:
Receipt No. P
.Q./jq/K!
I
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Ant R <) "1081 d i \I 'J .,. J..-JuJ-t
\<! :: "'.;~-/(..=.;-f~~ vPJ'
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...... PLANNING OFfiCE/
eoo~ 20 . >I~I 1 ~7
mlJ.lO
..1uau.._....
TH18 PEED..... ,... h... .......-2sl/..
r._,... ..
KM.~I.. No.
p
May 25,
Coble
1964
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