HomeMy WebLinkAboutcoa.lu.ec.Molly Gibson Lodge Condominiumization
CASELOAD SUMMARY SHEET
Ci ty of Aspen
No. 7-''''
Staff: (,.\t-\\~
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PROJECT NAME, ~c:;.;b:" .~, ~"U~i'~4icrf\
APPLICANT:~f_ ~~!_ Phone:
REPRESENTATIVE: 120" ~"l Phone: tll.S. Uoo
-
'iYP{ OF APPLICATION :
I. GMP/SUBDIVISION/PUD (4 step)
(Fee)
1. Conceptual Submission
2. Preliminary Plat
3. Final Plat
($1,840)
($1,120)
($ 560)
11. 'SUBDIVISION/PUD (4 step)
1. Conceptual Submission
($1,290)
($ 830)
($ 560)
./~O.Oo
(~l,(l1a) ,
2. Preliminary Plat
3. Final Plat
y.
III. EXCEPTION/EXEMPTION/REZONING (2 step)
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IV. SPECIAL REVIEW (1 step) M"'....A....
1. Special Review
($ 465)
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2. Use Determination
3. Conditional Use
REFERRALS:
Date Referred:
I Iii
I
V Attorney
~ngineering Dept.
-A'ous i ng
Water
Sanitation District
School District
--
Mounta i n Be 11
Rocky Mtn. Nat.(
State Hgwy. Dep1
Fire Chief
Pa rks
Holy Cross Electric
~ire Marshall/Building Dept.
City E'lectric
Other
FINAL ROUTI NG:
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Anding
Da te Rquted:
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DISPOSITION:
CITY P&Z REVIEW:
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CITY COUNCIL REVIEW: M4 ~'fFrl) \lQ..rl
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1.
2.
The Building Code violations listed by the Building Department
in their memo of February 22, 1984, be corrected to the
satisfaction of Jim ~Tilson prior to the sale of any unit
or the recording of the plat.
The off-street parking area consisting of four (4) spaces
to the north of the lodge be retained and maintained so
that it is available for use.
[
4.
That the standard Housing Authority Employee Dwelling Unit
Agreement be ,entered into and recorded and filed with th~,
Housing Authority along with a verification of employment. l
~ easement for the existing electrical transformer adjacent
,~o the alley must be supplied and shown on the plat.
The on-site areas for trash and utility services should
be detailed for and reviewed by the Engineering Department
prior to Council review.
A condominium plat must be approved by the Engineering
Department following the completion of improvements and
prior to recordation.
5.
6.
7.
A Statement of Subdivision Exception must be recorded which
includes the owner's commitment to join future improvement
districts. '
8.
A detailed cost accounting of'~reviously expended funds
and planned expenditure~. ,',;111 be sul:;r.:.::~::!d for Council
review and determination of compliance.
9.
Ii" ,
"
The common areas cannot be operated as commercialfClcilities
and must be held as general common elements by the' Con'dominium
Association.
10.
The Condominium Declaration shall be approved as to final
form by the City Attorney's Office and recorded.
MEllORANDml
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Molly Gibson Lodge Condominiumization
DATE: March 19, 1984
LQCATION: Lots 0, P and Q, Block 59, City and Townsite of Aspen
(Northwest corner of Hopkins and Garmisch)
ZONING: L-3
APPLICANT'S REOUEST:
Subdivision exception pursuant to Section 20-23 for the purpose of
the condominiumization of the Molly Gibson Lodge. The Lodge will
be made a part of the Aspen Ski Lodge condominium association and
will be renamed the Aspen Ski Lodge II.
REFERRAL COMMENTS:
The Building Department/Fire Marshall listed fourteen bUilding code
violations that must be improved. The detailed memo is attached.
Further, the Zoning Administrator indicates that parking has been
provided on the north side of the building but the area does not
appear to be plowed or utilized. Also" the applicant submits that
approximately $218,000 has been spent in the upgrading of the facility,
however, the amount indicated for the valuation of work was $50,000.
The Engineering Department asked for the following:
"1. Condominiumization should be contingent on recordation of a
condominium plat following completion of any improvements.
2. Plans for upgrading of the lodge should be reviewed by this
office. Reconstruction of the Smuggler Lodge failed to provide
on-site areas for trash and utility services resulting in conflicts
with the alley. We would prefer not to see this mistake repeated
at the Molly Gibson.
3. The applicant should be required to provide an easement for
the existing electric transformer adjacent to the alley.
4. The owners should be required to jOin any future improvement
districts per the City Attorney's standard COvenant."
"
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Molly Gibson Lodge Condominiumization
March 19, 1984
Page 2
The Housing Office submits that historically, the lodge has provided
one employee unit (manager's unit) containing two beds. The unit
is approximately 300 sq. ft. and has housed one employee. The applicant
has committed to use this unit to house two employees.
The Housing Authority recommends that the Molly Gibson Lodge condo-
miniumization be approved contingent on the following conditions:
1. That the standard HOusing Authority Employee Dwelling Unit Agreement
be entered into and recorded prior to the time of issuance of
the bUilding permit and be filed with the Housing Authority.
2. That a verification of employment be completed and filed with
the Housing Authority.
The City Attorney's Office has the following documentation requirements:
1. A statement of exception will be required if condominiumization
is approved, with the usual improvement district requirements;
and the following changes and/or additional information needed:
2. Comments on the proposed condomiumization documents will be
made after the changes and additions referred to by the applicant
in paragraph 4, page 5 of the applicant have been completed.
3. There is no plan of improvements detailing the additional $100,000
that the applicant plans to spend in upgrading the lodge facility
as described in paragraph 6, page 3 of the application.
4. Paragraph 5, page 3,of the application refers to the applicant
retaining ownership of the deSk, bar, lounge, and conference
faCility as a separate commercial unit. We question whether
this complies with the intent of Section 20-23(A) (5). The Condo-
minium Declaration may eventually handle this. Our intent is
to preserve the areas for common use (conferences, etc.).
PLANNING OFFICE REVIEW:
The Molly Gibson is an L-3 lodge and the condominiumization of it
is subject to Section 20-23 of the Municipal Code. Planning Office
records show that the present build out on this 9,000 sq. ft. lot
is 8376 sq. ft. for an FAR of .93:1. It is the intent of the lodge
condominiumization that "the condominium units created shall remain
in the Short-term rental market to be used as temporary accommodations
available to the general public." Evidence of compliance with this
intent is a condominium declaration (which has been submitted) which
will be recorded with the Clerk and Recorder's Office.
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Molly Gibson Lodge Condominiumization
March 19, 1984
Page 3
The Sections (a, b and c) of Section 20-23 which limit an owner's
personal use of his unit and the assessments to be levied in the
case of violation of these limits and the City's rights to require
reporting are stipulated verbatim in the Condominium Declaration.
One unit (containing two twin beds) of employee housing has been
provided for the past 3-year period. This same unit will be maintained
for future use, providing two pillows of employee housing.
The applicant has submitted an affidavit indicating the following
levels of services and amenities provided at the Molly Gibson for
the past three years:
(a) Continental breakfast.
(b) Front desk check in and check out service from 8:00 A.M. to
8:00 P.M. seven days a week during high season. Late arrivals
are signed in by the resident manager or a key to the room and
a note explaining the room location and time for breakfast are
left at the office door.
(c) No transportation has been provided. The van service of the
Aspen Ski Lodge will be expanded to serve the Molly Gibson if
this condominiumization is approved.
(d) The front desk times were described above. Check-in time is
3:00 P.M. and check-out time is 10:00 A.M. When guests arrive
at the deSk, they are given their room key, signed in and advised
of the available amenities and given any additional information.
(e) The amenities offered include:
(1) Continental breakfast;
(2) Outdoor swimming pool;
(3) Outdoor jacuzzi;
(4) Bar and lounge;
(5) Cable T.V., including HBO;
(6) Conference room;
(7) Daily maid service; and
(8) On-site management year-round (reduced hours during off
seasons) .
The lodge will remain available to the general tourist market and
will either be marketed privately or through the ARA. The form of
the marketing approach should be submitted for review before final
Council approval.
The common areas must remain common and will not be diminished in
size or quality. The applicant refers to the general common elements
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Molly Gibson Lodge Condominiumization
March 19, 1984
Page 4
in Item #11 on page 6 of the First Amended Condominium Declaration
as "commercial units". The declarant proposes to retain ownership
of these areas. The Planning Office wants it to be clear that these
general common elements are not commercial units, and should be owned
by the Condominium Association. No Commercial Growth Management
allotment has ever been given for the square footage or conditional
Use approval granted and the units are amenities only for this lodge
development.
The applicant indicates that approximately $218,000 has been spent
in the past year on the upgrading of the faCility. The valuation
of work shown on the building permit was $50,000. The Code requires
that an amount equal to 30% of the property's assessed value ($98,600)
be expended to phYSically upgrade the lodge. In this case, that
amount equals $29,580 and the information supplied indicates that
the upgrading has exceeded the requirement. A detailed accounting
of these improvements will be available at your meeting for your
review. The City Council ultimately must accept the information
submitted to be proof that the upgrading completed prior to condomin-
iumization is sufficient to meet the criteria of Section 20-23 (6) (b).
The additional money projected to be spent is over and above that
required and will be outlined further by the applicant for Council
review.
All conditions of Section 20-23 shall be made binding on the applicant,
the applicant's successors, heirs, personal representatives and assigns
and shall govern the property for the life of the survivor of the
present City Council of Aspen plus 21 years. Any modification of
this condominiumization shall only be by written agreement to the
City Council and the owner or owners of the condominiumized lodge
property. The documents creating and governing the condominium shall
be modified by the condominium owners only with the prior written
approval of the City Council.
PLANNING AND ZONIN(J CmllUSSION AND PLANNING OFFICE RECOM~IENDATION:
The Planning Office recommends approval of subdivision exception
for the purpose of condominiumization of the Molly Gibson Lodge with
the following conditions:
1. The BUilding Code violations listed by the BUilding Department
in their memo of February 22, 1984, be corrected to the satisfaction
of Jim Wilson prior to the sale of any unit or the recording
of the plat.
2. The off-street parking area consisting of four (4) spaces to
the north of the lodge be retained and maintained so that it
is available for use.
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Molly Gibson Lodge Condominiumization
March 19, 1984
Page 5
3. That the standard Housing Authority Employee Dwelling Unit Agreement
be entered into and recorded and filed with the Housing Authority
along with a verification of employment.
4. An easement for the existing electrical transformer adjacent
to the alley must be supplied and shown on the plat.
5. The on-site areas for trash and utility services should be detailed
for and reviewed by the Engineering Department prior to Council
review.
6. A condominium plat must be approved by the Engineering Department
following the completion of improvements and prior to recordation.
7. A Statement of Subdivision Exception must be recorded which
includes the owner's commitment to join future improvement dis-
tricts.
8. A detailed cost accounting of previously expended funds and
planned expenditures shall be submitted for Council review and
determination of compliance.
9. The common areas cannot be operated as commercial facilities
and must be held as general common elements by the Condominium
Association.
10. The Condominium Declaration shall be approved as to final form
by the City Attorney's Office and recorded.
COUNCIL ACTION:
If you concur with the recommendation of the Planning and Zoning
Commission and the Planning Office, the appropriate motion is:
"I move to approve subdivision exception for the purpose of
condominiumization of the Molly Gibson Lodge subject to the
following conditions:
1. The Building Code violations listed by the Building Department
in their memo of February 22, 1984, be corrected to the
satisfaction of Jim Wilson prior to the sale of any unit
or the recording of the plat.
2. The Off-street parking area consisting of four (4) spaces
to the north of the lodge be retained and maintained so
that it is available for use.
3. That the standard Housing Authority Employee Dwelling Unit
Agreement be entered into and recorded and filed with the
---~,"' ..~,..._.-..._,~.
Molly Gibson Lodge Condominiumization
I'larch 19, 1984
Page 6
Housing Authority along with a verification of employment.
4. An easement for the existing electrical transformer adjacent
to the alley must be supplied and shown on the plat.
5. The on-site areas for trash and utility services should
be detailed for and reviewed by the Engineering Department
prior to Council review.
6. A condominium plat must be approved by the Engineering
Department following the completion of improvements and
prior to recordation.
7. A Statement of Subdivision Exception must be recorded which
includes the owner's commitment to jOin future improvement
districts.
8. A detailed cost accocl,,~in9 of previously expended funds
and planned expenditure,- ~ll be Gut; 'c?d for Council
review and determination of compliance.
9. The common areas cannot be operated as commercial facilities
and must be held as general common elements by the Condominium
Association.
10. The Condominium Declaration shall be apprOved as to final
form by the City Attorney's Office and recorded.
MEMORANDUM
DATE:
February 22, 1984
I~:~~
ASPEN I PITKlN CO.
PlANHING OfFICE
TO: Colette Penne, Planning ~").
FROM: John Ostwald, Building Inspe r '.
THROUGH: Jim Wilson, Building Offi . al .
RE:
Molly Gibson Lodge Condominiumization
Fire, Life & Safety Inspection
....
The following items are in violation of the applicable codes in
force at this time in the City of Aspen:
1) The employee unit lacks an egress window as required by 1~73
Uniform Housing Code, Chapter 8:
Every sleeping room below the fourth floor shall have at least one
window or exterior door approved for emergency. exit or rescue.
Where windows are provided they shall have a sill height not more
than 48 inches above the floor.
Windows with a net clear openable area of- not less than 5square
feet with no dimension less than 22 inches shall be deemed to meet
the requirements of this Section provided the sill heights are not bver
48 inches above the floor.
2) The access to the boiler is illegal per Section 1309 of the 1982
Uniform Plumbing Code as adopted by the State of Colorado:
Section 1309- Prohibited Locations
No water heater which depends on the combustion of fuel for heat
shall be installed In any room used or designed to be used for sleep-
ing purposes, bathroom. cloth~ closet, Or In any closet or other con-.
fined space opening Into 'anY-Nth or bedroOm.
3) There is exposed foam insulation on the boiler room side of the
boiler room door which is illegal per section 1717(b)B of the 1979
Uniform Building Code:
(b) Specific Requirements. The following requirements shall apply to
all uses of foam plastics in or on the walls, ceiling or both, or in attics,
roof or floors. crawl spaces or similar areas unless otherwise specifically
approved in Section 1717 (c) or by other sections of this code. For trim, see
Section n05 (e),
I. Foam plastics may be used in the following locations:
B. On the room side surface of conforming walls or ceiling or other
surfaces referred to in the first sentence of Section 1717 (b). pro-
vided the foam plastic is fully protected from the interior of the
building by a thermal barrier of Yl-inch gypsum wallboard having a
finish rating of not less than 15 minutes or other approved material
having an equivalent finish rating a~ determined by V.B.C. Stan-
dard No. 43-1. Thermal barriers shall be installed in a manner that
they will remain in place for a minimum of 15 minutes under the
same test conditions.
4) The electric panel is located illegally in a storage closet in
the employee unit per Section 110-16(b) of the 1981 National Electric
Code:
(b) Clear Spaces. Working space required by this section shall not be
used for storage. When normally enclosed live parts are expo&ed for
inspection or servicing. the working space, if in a passageway or general
open spa~e. shall be suitably guarded.
5) Unless the building is to have a full time manager, the electric
panel will become increasingly illegal per Section 240-24(b) of the
1981 National Electric Code:
(b) Occupant to Have Ready Access; Each occupant ~hall have ready
access to all ovcrcurrent devices protecting the conductors supplying his
occupancy.
Exception: In a multiple-occupancy building where electric servict! and
electrical maintenance arc provided by the building management and
where these are under continuous building management supervision, the
service overcurrerrt devices and feeder oyercurrent devices supplying mor~
than one occupancy shall be permitted to be accessible to authoriud
management personnel only.
colette Penne .~
February 22, 1984 ~
Page 2
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6) There is no light in the area housing the electric equipment,
which is a violation of section 110-16(e) of the 1981 National
Electric Code:
ee) illumination. Illumination shall be provided for all working ~ces
about service, equipment, switchboards. panel boards, or motor c:antrol
centers installed indoors.
7) '1'.'c;-o is only one exit stairway from the second floor in violation
of Section 3302(a) of the 1979 Uniform Building Code, as referenced
by Chapter 8 of the 1973 Uniform Housing Code:
In-all occupancies. noors' above the first story having an occupant load
of more than 10 shall have n<:l l.toSS than two exits.
8) The handrails at the interior and exterior do not comply with
Section 3305(j) of the 1979 Uniform Building Code:
Handrails shall be placed not less than 30 inches nor more than 34
inches above the nosing of treads. They shall be continuous the full length
of the stairs and except for private stairways at least one handrail shall ex-
lend not less than 6 inches:beyond the top and bottom risers, and ends
shall be returned or shall terminate in newel posts or safety terminals.
Handrails projecting from a wall shall have a space of not less than l!il.
inches between the wall and the handrail. The handgrip portion of hand-
rails shall be not less than 11,4 inches nor more than 2 inches in cross-sec-
;3 tional dimension and shall have a smooth surface with no sharp corners.
9) Window openings on the west side were illegal at time of
original construction and continue to be based on the 1964 Uniform
Building Code, section 1102 *2 in force at time of Certificate of
Occupancy:
fiRE fiRE RESISTANCE OF OPENINGS IN EXTERIOR I
CROUP DESCRIPTlON OF OCCUPANCY ZONE EXTERIOR WALLS WAllS
----- -------,--- ------ 2 hour less thn'n 20 feet Not permitted less th:m 3 [eet ,
H Ilotpts and apaitlllcllt.hOl,ses 1 1 hour elsewhere Protected less than 20 feet
),'c also Co,}\'cnts, monasteries (each accommodating more than 10 per- Not pcrmitled less than 3 [(.et ,
Section I sons). ................... 2 1 hour Protected less than 10 f:~!~:
1302
3 ,1 hour less than 5 feet Not permitted less th[lll 3 feet
.---.--- - ____.1..
10) ~ne chainlink fence along the east side is illegal per Section
24-3.7(c) of the Aspen Municipal Code:
(c) Fence, hedge or wall. Fences, hedges or walls shall be
permitted providing that they shall not exceed six (6)
feet above grade, Fences visible from the street shall
be constructed of wood, stone, wrought iron or
masonry. Plans showing proposed construction, mate-
rial, location and height shall be presented to the
building inspector before a permit is issued
(This was granted a permit by the former city engineer in May
of 1968)
11) There are no smoke detectors as required by Section 1210(a)
of the 1979 Uniform Building Code:
Flre.warnlng and Sprinkler Systems
Sec. 12]0. (a) Fire-warning Systems. Every dwelling unit and every
guest room in a hotel or lodging house used for sleeping purposes shall be
provided with smoke detectors conforming to V.B.C. Standard No. 43-6.
In dwelling units, detectors shall be mounted on the ceiling or wall at a
!)()int CC;llra1Jy located in the corridor or area giving access to rooms used
for sleeping purposes. In an efficiency dwelling unit, hotel sleeping room
and in hotel suites, the detector shall be centrally located on the ceiling of
the main room or hotel sleeping room. Where sleeping rooms are on an
upper level, the dete'ctor shall be placed atthe center of the ceiling directly
above t he stairway, All detectors shall be located in accordance with ap-
proved manufacturer's instructions. When actuated, the detector shall
provide an alarm in the dwelling unit or guest room.
Colette Penne
cebruary 22, 1984
Page 3
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12)
fire
of the Aspen Municipal Code requires a
Section 9-3 (b) (y)
alarm system:
(y) Section 13,307(a) is hereby amended to read:
"Every apartment house, lodging house, dormitory,
convent, monastery, rooming house, condominium, or
hotel two (2) stories or more in height and containing
more than four (4) apartments or guest rooms shall
have installed therein an approved automatic or
manually operated fire alarm system so designed that
all occupants of the building may be warned
simultaneously," Ord. No. 13-1977, ~ 3)
13) Section 3802(b)A of the 1979 Uniform Building Lode as referenced
by the 1973 Uniform Housing Code, requires a sprinkler system in the
basement:
A. In every story or basement of all buildings when the floor area
exceeds 1500 square feet and there is not provided at least 20 square
feet of opening entirely above the adjoining ground level in each 50
lineal feet Dr fraction thereof of exterior wall in the story or base-
ment on at least one side of the building. Openings shall have a
minimum dimension of not less than 30 inches. Such openings shall
be accessible to the fire department from the exterior and shall not
be obstructed in a manner that fire fighting or rescue cannot be ac.
complished from the exterior.
14) Exit sign in basement confusing; marked erroneously.
exiting required per section 3312, 1979 Uniform Building
Exit Signs and Illumination
Sec. 3312. (a) Exit Illumination. Exits shall ,Qe iJluminated,aLany time
the building is occupied with light having an intensity of not less thano'iie
footcandle at noor level. ''I'
EXCEPTION: Group R, Division) Occupancies.
Exit illumination shall be provided with separate circuits or separate
sources of power (but not necessarily separate from exit signs) when these
are required for exit sign illumination. See Section 3312 (c).
(b) Exit Signs. At every required exit doorway and wherever otherwise
required to clearly indicate the direction of egress, an exit sign with letters
having principal stroke not less than :v. inch wide and at least 6 inches high
shall be provided from all areas serving the occupant load specified in this
subsection. In interior stairways the noor level leading direct to the ex.
'(crior shall be clearly indicated. Exit signs shall be installed in:
I. Group A, Division I Occupancies and Groups A, Divisions 2, 2.1, 3
and 4, I and R Division 1 Occupancies with an occupant load of more than
50.
2. All other occupancies serving an oCl;upant load of more than 100.
EXCEPTION: Main exterior exit doors which obviously and clearly an;
identifiable as exits need not be sign posted when approved by the building
nfficia1.
Proper
Code:
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O$EE ATTAC1411:0 SHEII:Tj
"HONII:
'12r-.~~o
l..ICENSE NO.
'U'}4.
"140NE
LICENSE NO.
PHONE
LICtNSII: NO.
8"ANCH
o REPAIR
o MOVE
o REMOVE
Nl.a.\I'J WllJo.lJ.W <.?,.J
M,O.jG 'P^~NG, -ro
9
,
Describe work: I N.-s-rAc..L.-
.), j IDE- Of r,ut(;DttJ4
to Change of use from _
Change of use to _
11 Valuation of work: $
~ "100<-'. ~C
SPECIAL CONDITIONS:
0-
r
"~"lICATlOfll ACCEPTED BY
p~~y,
~~~Y
S'-'2.b~ \ \
NOTICE
SEPARATE PERMITS ARE REOUIRED FOR ELECTRICAL, PLUMB,
lNG, HEATING, VENTILATING OR AIR CONDITIONING.
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUC.
TION AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF
CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FDA A
rERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COM-
MENCED.
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS
APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT.
ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS
TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING
CO~STRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
lLtt 0/i.../. , dlq/<Dl
5IGNATU"ifOFC~ T"rTO" 0" ,,"UTHO"IZEO AGENT (O..Ttl ..
"I~ITV T RE.k
(1 AT 0 OWNER IF WE" 8UILDER
OATt)
5~Oi',}D f' ~ .
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A~
PLAN CHECK FEE
cl5, 3S 1 PERMIT FEE
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Type of
Const.
Oeeu paney
Group
Division
Size of Bldg_
(Total) Sq. Ft.
No. of
Stories
Max.
Occ. Load
.
Fire
Zone
Use Fire Sprinklers
Zone Required DYes DNo
OFFSTREETPARKING SPACES:
Covered f Uncovered
Required Rec.ivecf Not Required
No. of
Dwelling Units
Special Approvals
ZON ING
HEALTH DEPT.
FIRE DEPT.
SOIL REPORT
OTHER (Specify)
.
J"').A-Y
PERMIT
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LAW OFFICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALD D. AUSTIN
.J. NICHOLAS MCGRATH..JR
WILLIAM R. ..JORDAN m
ASPEN, COLORADO 81SI/
AREA COOE 303
TELEPHONE 925-2600
GRAY A. YOUNG
FREOERICK F. PEIRCE
February 1, 1984
Mayor William Stirling
Aspen City Council Members
The Aspen Planning and Zoning Commission
Re: Molly Gibson Lodge Condominiumization
Dear Ladies and Gentlemen:
As you all know, it has been the stated policy of
the City of Aspen for several years now to encourage the
small lodges in Aspen to upgrade their facilities. The lodge
condominium conversion ordinance was passed specifically with
that in mind and the Aspen Ski Lodge was the first project
to go through that process. As a consequence what was the
old embarrassing Smuggler Lodge became the Aspen Ski Lodge, a
facility of which Aspen has been proud. Although the
purchasers of the Aspen Ski Lodge were not successful in
their marketing program a couple of years ago, the present
project is being put together by a truely professional and
successful organization that excels in marketing.
David Jones, who was the managing partner in the
development of the Aspen Ski Lodge is the owner of the Molly
Gibson Lodge. Last year David expended considerable funds
improving the Molly Gibson Lodge with the idea that it could
perhaps be condominiumized to allow for the payment of the
financial obligations attendant to the lodge. That
possibility has now presented itself in the form of Resort
Investment Corporation and its option to purchase the lodge.
They will also improve the lodge even more and together the
Aspen Ski Lodge and the Molly Gibson Lodge, to be called the
Aspen Ski Lodge II, will be an even greater asset to the
Aspen lodging community.
In considering this application, please keep in
mind that these two fine lodges will continue to be operated
t
AUSTIN MCGRATH & JORDAN
Mayor William Stirling
Aspen City Council Members
The Aspen Planning and Zoning Commission
February 1, 1984
Page 2
as small lodge hotels. They will be operated more
efficiently and will be even nicer than they presently are if
you vote to approve the condominium conversion. Thank you
for your consideration.
Sincerely,
AUSTIN, McGRATH & JORDAN
By
RDA/mls
~-
MEMORANDUM
TO: ~ty Attorney, Paul Taddune
~ty Engineering Dept., Jay Hammond
~sing Office, Jim Adamski
~re Marshall, Jim Wilson
FROM:
Janet Weinstein, Planning Office
RE:
Molly Gibson Lodge Condominiumization
DATE:
February 2, 1984
Attached for your review is the application submitted by Ronald
Austin on behalf of Resort Investment Corporation for the condo-
miumization of the Molly Gibson Lodge located on the northwest
corner of Hopkins and Garmisch.
This case has been scheduled for review by the Aspen Planning and
Zoning Commission on March 6, 1984. Please review the materials
and return your referral comments to Colette Penne of the Planning
Office no later than February 21, 1984, in order for Colette to
have adequate time to prepare for this case's presentation before
the Commission.
Thank you.
,.,c..,
__ J
LAW OFFICES
AUSTIN MCGRATH & -.JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALO O. AU$TI N
J. NICHOLAS MCGRATH, JR
WILLIAM R. JORDAN In
ASPEN, COLORAOO SI6l1
AREA COOE 303
TELEPHONE 925-2600
GRAY A. YOUNG
F'REDERICK F. PEtRCE
February 1, 1984
Mayor William Stirling
Aspen City Council Members
The Aspen Planning and Zoning Commission
Re: Molly Gibson Lodge Condominiumization
Dear Ladies and Gentlemen:
As you all know, it has been the stated policy of
the City of Aspen for several years now to encourage the
small lodges in Aspen to upgrade their facilities. The lodge
condominium conversion ordinance was passed specifically with
that in mind and the Aspen Ski Lodge was the first project
to go through that process. As a consequence what was the
old embarrassing Smuggler Lodge became the Aspen Ski Lodge, a
facility of which Aspen has been proud. Although the
purchasers of the Aspen Ski Lodge were not successful in
their marketing program a couple of years ago, the present
project is being put together by a truely professional and
successful organization that excels in marketing.
David Jones, who was the managing partner in the
development of the Aspen Ski Lodge is the owner of the Molly
Gibson Lodge. Last year David expended considerable funds
improving the Molly Gibson Lodge with the idea that it could
perhaps be condominiumized to allow for the payment of the
financial obligations attendant to the lodge. That
possibility has now presented itself in the form of Resort
Investment Corporation and its option to purchase the lodge.
They will also improve the lodge even more and together the
Aspen Ski Lodge and the Molly Gibson Lodge, to be called the
Aspen Ski Lodge II, will be an even greater asset to the
Aspen lodging community.
In considering this application, please keep in
mind that these two fine lodges will continue to be operated
AUSTIN MCGRATH & JORDAN
Mayor William Stirling
Aspen City Council Members
The Aspen Planning and Zoning Commission
February 1, 1984
Page 2
as small lodge hotels. They will be operated more
efficiently and will be even nicer than they presently are if
you vote to approve the condominium conversion. Thank you
for your consideration.
Sincerely,
AUSTIN, McGRATH & JORDAN
By
RDA/mls
LAW OFFICES
AUSTIN MCGRATH & JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALD D. AUSTIN
.J. NICHOLAS MCGRATH, .JR.
WILLIAM R. .JORDAN m
ASPEN, COLORADO SI611
AREA CODE 303
TELEPHONE 92S-2600
GRAY A. YOUNG
FREDERICK F. PEIRCE
ASPEN CITY COUNCIL AND ASPEN PLANNING
AND ZONING COMMISSION
APPLICATION FOR CONDOMINIUMIZATION OF
MOLLY GIBSON LODGE PURSUANT TO ~20-23
NAME OF APPLICANT:
Resort Investment Corporation is a wholly owned
subsidiary of U. S. Capital Corporation, both Delaware
corporations, whose principal offices are located at 1400
Main Street, Columbia, SC 29211.
LEGAL COUNSEL:
Austin, McGrath & Jordan, 600 E. Hopkins, Suite
205, Aspen, Colorado 81611, Ronald D. Austin and Frederick F.
Peirce.
PURPOSE OF APPLICATION:
This application is made pursuant to ~20-23 of the
Municipal Code of the City of Aspen for condominiumization of
the Molly Gibson Lodge located on the Northwest corner of
Hopkins and Garmisch (Lots 0, P and Q, Block 59, City and
Townsite of Aspen, Colorado). If approved, the Molly Gibson
will be renamed the Aspen Ski Lodge II and made a part of
that condominium association as an expansion of the existing
Aspen Ski Lodge.
INTRODUCTION:
The Molly Gibson Lodge has been owned by David F.
Jones since 1975 and has been operated as a lodge for
visitors to Aspen for at least nine years. The applicant has
entered into an option agreement to purchase the Molly Gibson
Lodge and a condition of the agreement is approval of
condominiumization of the Molly Gibson by the City of Aspen.
The applicant also has entered into an option agreement to
purchase the Aspen Ski Lodge located directly across the
alley from the Molly Gibson on the Southwest corner of Main
Street and Garmisch Street. The Aspen Ski Lodge was
condominiumized in December, 1980. Applicant desires to sell
AUSTIN MCGRATH & JORDAN
condominium units in both the Aspen Ski Lodge and the Molly
Gibson (if approved) and operate both as condominium hotels,
and to combine the benefits of both into one condominium
association. This will allow for more successful marketing
of the conference facilities recently put in the Molly Gibson
Lodge and for a more efficient lodge operation of both
facilities. Each lodge will retain its own on-site front
desk operation and will have on-site amenities as are
described herein.
ABOUT THE APPLICANT:
Resort Investment Corporation and its parent, U.S.
Capital Corporation, specialize in the construction and/or
conversion of resort property into condominiums. The
companies are based in Columbia, South Carolina and most of
their development experience has been in the East, including
Hilton Head Island and Atlantic City, New Jersey. They have
recently acquired options on properties in Colorado
(including the Holiday Inn at Buttermilk) and are interested
in this area. The companies deal only in what they consider
to be first class properties and projects.
COMPLIANCE WITH CODE PROVISIONS:
1. Short Term Rental Market. The applicant has
committed to the tourist market rental provisions required by
~ 20-23 (A) (l) of the Municipal Code. This commitment is
reflected in the draft of the proposed Condominium
Declaration attached hereto, the final of which will be
recorded in the records of the Clerk and Recorder of Pitkin
County, Colorado upon approval.
2. Emplotee Housing. As set forth in the
attached affidavit o. David F. Jones, the Molly Gibson Lodge
has historically provided one employee unit (manager's unit)
containing two twin beds. This unit is approximately 300
square feet and is located at the west end of the north wing
of the lodge on the lower level. This unit has been used in
the past by only one employee. Applicant will commit to
continue to use this unit for housing of two employees. This
unit will be depicted on the condominium map when prepared.
3. Services and Amenities. The three year
performance level of services and amenities available to the
guests of the Molly Gibson Lodge is set forth in the attached
affidavit of David F. Jones. The applicant agrees to
provide, at a minimum, services consistent in quality and
quantity to those provided during the high seasons for the
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AUSTIN MCGRATH & JORDAN
three years prior to this application. In addition,
applicant agrees to provide or contract for on-site
management from 8:00 a.m. to 8:00 p.m. seven days a week
during the high season and to provide or contract for on call
services twenty-four hours a day consistent with those
services provided by the lodge for the previous three years.
4. Availabilit of Units to General Tourist
Market. The Mo y Gi son units are genera y availa Ie to
the tourist market and Applicant agrees to keep the
condominium units (if approved) available to the general
tourist market. It is the applicant's standard procedure to
operate their projects as hotels or lodges.
5. COUDI1on Areas. The COUDI1on areas currently
available to lodge guests include an outdoor swiUDI1ing pool
and jacuzzi surrounded by planters and a fence; a wood deck
that borders the north side of the pool; and, a conference
facility (approximately 650 square feet) and a lounge/bar
area with a fireplace (approximately 1750 square feet)
located in the lower level of the interior of the building.
The conference room and lounge/bar area were substantially
upgraded as evidenced by the attached affidavit of David F.
Jones. These areas shall remain areas for COUDI1on use
although the Applicant plans to retain ownership of the desk,
bar and lounge, and conference facility as a separate
cOUDI1ercial unit. This is done so that the manager can
operate these facilities in an efficient and businesslike
way. Owners of units (in both buildings) will be able to use
the facilities the same as guests at present with no charge
except for the purchase of drinks and/or food. These areas
shall be maintained in a manner consistent with its previous
character and shall not be diminished in size or quality by
applicant.
6. Lodge Upgrade. Within the past several months
David F. Jones has spent approximately $218,000.00 upgrading
the Molly Gibson Lodge. The attached affidavit of Mr. Jones
documents the actual facilities upgraded by these
expenditures. The result is a substantial upgrading of the
lodge appearance and of its guest facilities in compliance
with the spirit and intent of ~20-23 (A) (6) (b) of the
ordinance. Although no further upgrading should be
necessary, applicant will spend at lease an additional
$100,000.00 in upgrading the guest rooms. In connection
herewith, the current assessed value of the Molly Gibson
Lodge is $98,600.00, less than one-half of the amount
expended by Mr. Jones to upgrade the lodge.
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AUSTIN MCGRATH & JORDAN
7.
binding effect
Municipal Code
Binding Effect. The applicant
of the conditions set forth in
as required by ~20-23(B).
agrees to the
~20-23 of the
ADDITIONAL CONSIDERATIONS:
1. Parking. The Molly Gibson Lodge does not
have, nor has it ever had, off street parking for its quests.
However, this has never posed a problem since most guests
arrive by plane or other means of public transportation and
the lodge is located within easy walking distance of downtown
(4 blocks from the Hyman Avenue Mall). In addition, the
lodge is one block from Main Street and thus, the bus route
for free busses to Snowmass, Highlands and downtown, as well
as the County bus routes. The current van service provided
by the Aspen Ski Lodge will be expanded and made available to
guests at the Aspen Ski Lodge II as well.
2. Trash Removal. The dumpster for the Molly
Gibson Lodge is located in the alley between the lodge and
the Aspen Ski Lodge and is easily accessed by the alley which
is maintained by the city. Applicant sees no reason why this
should be changed.
DOCUMENTATION ATTACHED:
1. Proof of Ownership. David F. Jones is the
current owner of the Molly Gibson Lodge and copies of his
deeds, recorded May 27, 1975 in Book 299 at Page 97 and
October 19, 1978 in Book 356 at Page 707, respectively of the
real property records in Pitkin County, Colorado, are
attached. An Option Agreement to sell the lodge to applicant
has been entered into and if condominiumization is approved,
applicant will purchase the lodge.
2. Improvement Survey. An improvement survey for
the property accompanies this application.
3. Site Inventory. The improvement survey
attached hereto depicts the configuration and location of the
exterior cornman areas and amenities. The bar/lounge area is
located in the lower level of the west wing and the
conference center is in the lower level of the north wing of
the building.
4. Condominium Documents. Drafts of the proposed
condominium documents, consisting of the first amended
Condominium Declaration for the Aspen Ski Lodge Condominiums
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AUSTIN MCGRATH & JORDAN
and the first supplement thereto; the Articles of
Incorporation for the Aspen Ski Lodge Condominium
Association; and, the first amended Bylaws of the Aspen Ski
Lodge Condominium Association, accompany this application.
Some changes and additions will likely be made to conform to
this condominiumization.
5. Affidavit of David F. Jones. The affidavit of
David F. Jones attached hereto describes the services
previously provided as required by ~20-23(A)(3) and further
describes the expenditures and improvements involved in the
upgrade of the lodge as required by ~20-23(A)(6)(b) of the
Municipal Code.
Dated: February 2, 1984
AUSTIN, McGRATH & JORDAN
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By / ..../ /;,,:,_ .
.,~, "'i:.' ,-~-
/ Ronald D. Austin
/
-- Frederick F. Peirce
600 E. Hopkins Ave.
Suite 205
Aspen, CO 81611
\
ATTORNEYS FOR APPLICANT
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
AFFIDAVIT OF DAVID F. JONES
CONCERNING SERVICES AND
UPGRADE AT MOLLY GIBSON
LODGE
The affiant, DAVID F. JONES, being first duly
sworn, upon oath states as follows:
1. I am the owner of the Molly Gibson Lodge
located on Lots 0, P and Q, Block 59, City and Townsite of
Aspen, and have been since May, 1975.
2.
amenities for
three years:
We have provided the following services and
guests of the Molly Gibson Lodge for the last
a. Continental Breakfast.
b. Front desk check in and check out service
from 8:00 a.m. to 8:00 p.m. seven days a week
during the high season. Check out time is 10:00
a.m. and check-in time is 3:00 p.m. When guests
arrive at the desk, they are given their room key,
signed in and advised of the available amenities
and given additional information to enhance their
visit. Late arrivals, after the desk is closed,
are signed in by the resident manager or, if the
resident manager is out, a key to the room and a
note explaining the location of the room and the
time for breakfast are left on the office door.
c. No transportation has been provided for
guests by the Lodge in the past three years.
d. Amenities available to the guests provided
by the Lodge have included:
1) Continental breakfast
2) Outdoor swimming pool
3) Outdoor jacuzzi (installed in 1983)
4) Bar and lounge (bar installed in
1983--replaces wine-tasting, sherry
and champagne parties)
5) Cable TV, including HBO
6) Conference room (installed in 1983)
7) Daily maid service
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e. On-site management of excellent quality
year-round, with reduced hours during offseasons.
3. The Lodge has provided one manager's unit in
the past for employee housing, approximately 300 square feet
in size, containing two twin beds (two pillows).
4. From October, 1982 through August, 1983, I
have spent approximately $218,000.00 in upgrading the Molly
Gibson Lodge. Included in the upgrading were:
a. Remodeling of fireside lounge (common
area) and installation of a new bar for guests in
the lounge, with a full liquor license.
b. Installation of new conference room and
furniture.
c. Painting of all doors and frames.
d. Installation of additional landscaping,
including new planters around jacuzzi.
e. Remodeling and refurbishing upstairs guest
rooms.
f. Improving maintenance systems.
g. Installation of outdoor jacuzzi.
Back up documentation can be provided if it is
deemed necessary.
STATE OF COLORADO )
) S8.
COUNTY OF PITKIN )
January,
:sJ-
Subscribed and sworn to before me this~ day of
1984 by David F. Jones.
WITNESS my hand and official seal.
My cOr:Ir.1ission expires: Mv CommISSIon eXPires February 19,1985
(r(ftV:C'A'i t );/{;., f ~
Notary P~lic '
Address: 6G800~lVF-
sunt 205
ASPEN, alDRADO 11611
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LAW OFFICES
AUSTIN MCGRATH & JORDAN
BOO EAST HOPKINS AVENUE
SUITE 20S
RONALD D. AUSTIN
J. NICHOLAS MCGRATH, JR.
WILLIAM R. JORDAN m
ASPEN, COLORADO 81611
AREA COOE 303
TELEPHONE 92S-2BOO
GRAY A. YOUNG
FREDERICK F. PEIRCE
Harch 1, 1984
Aspen City Council
The Aspen Planning
130 S. Galena
Aspen, CO 81611
Members
and Zoning Commission
Re: Molly Gibson Lodge Condominiumization
Dear Ladies and Gentlemen:
As you know, an application for condominiumization
of the Molly Gibson Lodge was submitted on behalf of our
client, Resort Investment Corporation, on February 2, 1984.
We have recently had the opportunity to review the comments
and concerns voiced by the referring agencies involved with
the application and note that some confusions and
misunderstandings have arisen. The purpose of this letter is
to attempt to clarify these confusions and, where
appropria te, to modify the record as set forth in the
application.
1. Money Spent to Upgrade Lodge. Numbered
paragraph 6 on page 3 of the referenced application states
that David Jones, the current owner of the Molly Gibson
Lodge, spent approximately $218,000.00 upgrading the Lodge
within the past several months. In a memorandum dated
February 8, 1984, Bill Drueding noted that the building
permit issued to David Jones on April 22, 1983 valued the
work to be performed thereunder at approximately $50,000.00
and was concerned about the discrepancy. The reason for the
discrepancy is that a considerable portion of the $218,000.00
spent by David Jones was used to purchase and install carpet,
wall paint, lighting fixtures, etc. which is not the subject
of a building permit. In addition, approximately $75,000.00
to $85,000.00 of the $218,000.00 total was spent on
furniture, furnishings, appliances, linens and the like, all
of which, although not the subject of the building permit,
resulted in a significant upgrading of the lodge
accommodations. Therefore, although the $50,000.00 estimate
may have been somewhat lower than the actual hard
construction costs, the difference is minor.
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AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March 1, 1984
Page 2
2. Plan of Improvements. In connection with the
discussion regarding the amount of money spent by Mr. Jones
in upgrading the Lodge, it appears that the referenced
application created some confusion with respect to future
improvements. Both the city attorney and the engineering
departments voiced concern that there was no plan of
improvements attached to the application. This is because,
for purposes of the municipal code (~20-23(A)(6)(b)), the
applicant is relying on prior money spent to upgrade the
lodge to qualify for condominiumization. Although it is true
that the applicant plans to spend at least another
$100,000.00 in the lodge (some of which will be spent
bringing the building into compliance with the city building
code), the applicant is not relying on these expenditures to
obtain condominiumization approvals. Consequently, no plan
of improvements is necessary at this time, although the
applicant will obviously have to comply with building code
provisions in order to obtain a building permit prior to
commencing such improvements.
3. Parking. The referenced application states
that there has never Deen any off-street parking at the Molly
Gibson Lodge. Mr. Drueding, in his memorandum, correctly
points out that this is incorrect. In fact, four parking
spaces are available on the north side of the property,
adj acent to the alley. According to David Jones, those
spaces are never used and are not even maintained in the
winter, hence his statement that there was no parking.
Nevertheless, they do exist and the applicant will continue
to preserve them and will maintain them in the wintertime.
4. COlIlIIlercial Units. The City Attorney has
raised some concern regarding the retention by the applicant
of ownership of the conference area, bar, lounge and desk as
commercial units. In effect, the City Attorney seems
concerned that this may diminish the size or quality of the
common areas. Numbered paragraph 5 on page 3 of the
application describes the conference area and bar/lounge area
as "colIlIIlon areas currently available to lodge guests". It is
obvious, however, that the bar/lounge is not a self-service
bar. Rather, pursuant to its liquor license, it is a bar
operated by David Jones as the owner of the lodge. Hence, it
is available to the guests as a service. Likewise, the
conference facility is reserved through the lodge management.
Therefore, these areas are availab Ie to Lodge gues ts as
common areas. subj ect to Lodge management. Obvious ly,
pursuant to its liquor license, the Lodge cannot refuse
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AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March 1, 1984
Page 3
service in the bar to members of the general public. In
addition the Lodge has, since the bar/lounge and conference
facility were established, made these facilities available to
individuals and groups who were not Lodge residents at
certain times when such use did not conflict with the
operation of the lodge and the comfort and convenience of its
guests. Therefore, these areas have not been strictly common
areas available only for the use of Lodge guests as the
application may have inferred.
It is the applicant's intention to continue to keep
these areas available for use of lodge guests and condominium
owners. It will retain ownership of the areas as commercial
units to effectively provide for management and maintenance
of the facilities. In addition, it will use the conference
facilities and bar/lounge amenity as marketing tools for
condominium sales and, since they will retain an interest in
the project, for continuing reservations and bookings. They
will not advertise or market these facilities for use by
members of the general public who are not owners or guests of
the Lodge. Perhaps it should also be noted that, since these
units will be available as a common area for all guests and
lodge owners, but owned by the applicant, the owners and
guests will derive the benefit of the use of the areas
without the burden of the costs of administrating and
maintaining the areas.
This scheme will not diminish the size or quality
or nature of these areas as common areas since it will, in
effect, continue the operation of these areas as it exists
now. In addition, it obviously is loyal to the intent of the
code to continue to maintain these areas in a manner
consistent with their previous character.
5. Building, Housing and Related Code Violations.
The building inspector detailed fourteen existing violations
of various code provisions at the Lodge. The applicant is
willing to rectify these violations. as a condition of
condominiumization approval, even though it creates
additional costs to the applicant.
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AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March I, 1984
Page 4
We hope this has helped to eliminate some of the
concern and confusion surrounding the referenced application.
Sincerely,
AUSTIN,
\
By
FFP/st
cc: Resort Investment Corporation
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LAW OF"FICES
AUSTIN MCGRATH & JORDAN
600 E....ST HOPKINS ....VENUE
SUITE 205
RONALD O. AUSTIN
J. NICHOLAS MCGRATH, JR.
WILLIAM R. JORDAN III
ASPEN. COLORADO 81611
AREA CODE 303
TELEPHONE 925-2600
GRAY A. YOUNG
FREDERICK F. PEIRCE
ASPEN CITY COUNCIL AND ASPEN PLANNING
AND ZONING COMMISSION
APPLICATION FOR CONDOMINIUMIZATION OF
MOLLY GIBSON LODGE PURSUANT TO ~20-23
NAME OF APPLICANT:
Resort Investment Corporation is a wholly owned
subsidiary of U. S. Capital Corporation, both Delaware
corporations, whose principal offices are located at 1400
Main Street, Columbia, SC 29211.
LEGAL COUNSEL:
Austin, McGrath & Jordan, 600 E. Hopkins, Suite
205, Aspen, Colorado 81611, Ronald D. Austin and Frederick F.
Peirce.
PURPOSE OF APPLICATION:
This application is made pursuant to ~20-23 of the
Municipal Code of the City of Aspen for condominiumization of
the Molly Gibson Lodge located on the Northwest corner of
Hopkins and Garmisch (Lots 0, P and Q, Block 59, City and
Townsite of Aspen, Colorado). If approved, the Molly Gibson
will be renamed the Aspen Ski Lodge II and made a part of
that condominium association as an expansion of the existing
Aspen Ski Lodge.
INTRODUCTION:
The Molly Gibson Lodge has been owned by David F.
Jones since 1975 and has been operated as a lodge for
visitors to Aspen for at least nine years. The applicant has
entered into an option agreement to purchase the Molly Gibson
Lodge and a condition of the agreement is approval of
condominiumization of the Molly Gibson by the City of Aspen.
The applicant also has entered into an option agreement to
purchase the Aspen Ski Lodge located directly across the
alley from the Molly Gibson on the Southwest corner of Main
Street and Garmisch Street. The Aspen Ski Lodge was
condominiumized in December, 1980. Applicant desires to sell
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AUSTIN MCGRATH & JORDAN
condominium units in both the Aspen Ski Lodge and the Molly
Gibson (if approved) and operate both as condominium hotels,
and to combine the benefits of both into one condominium
association. This will allow for more successful marketing
of the conference facilities recently put in the Molly Gibson
Lodge and for a more efficient lodge operation of both
facilities. Each lodge will retain its own on-site front
desk operation and will have on-site amenities as are
described herein.
ABOUT THE APPLICANT:
Resort Investment Corporation and its parent, U.S.
Capital Corporation, specialize in the construction and/or
conversion of resort property into condominiums. The
companies are based in Columbia, South Carolina and most of
their development experience has been in the East, including
Hilton Head Island and Atlantic City, New Jersey. They have
recently acquired options on properties in Colorado
(including the Holiday Inn at Buttermilk) and are interested
in this area. The companies deal only in what they consider
to be first class properties and projects.
COMPLIANCE WITH CODE PROVISIONS:
1. Short Term Rental Market. The applicant has
committed to the tourist market rental provisions required by
~20-23(A) (1) of the Municipal Code. This cOlIllIlitment is
reflected in the draft of the proposed Condominium
Declaration attached hereto, the final of which will be
recorded in the records of the Clerk and Recorder of Pitkin
County, Colorado upon approval.
2. Emplofee Housing. As set forth in the
attached affidavit 0 - David F. Jones, the Molly Gibson Lodge
has historically provided one employee unit (manager's unit)
containing two twin beds. This unit is approximately 300
square feet and is located at the west end of the north wing
of the lodge on the lower level. This unit has been used in
the past by only one employee. Applicant will commit to
continue to use this unit for housing of two employees. This
unit will be depicted on the condominium map when prepared.
3. Services and Amenities. The three year
performance level of services and amenities available to the
guests of the Molly Gibson Lodge is set forth in the attached
affidavit of David F. Jones. The applicant agrees to
provide, at a m~n~mum, services consistent in quality and
quantity to those provided during the high seasons for the
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AUSTIN MCGRATH & JORDAN
*
three years prior to this application. In addition,
applicant agrees to provide or contract for on-site
management from 8:00 a.m. to 8:00 p.m. seven days a week
during the high season and to provide or contract for on call
services twenty-four hours a day consistent with those
services provided by the lodge for the previous three years.
4. Availabilit of Units to General Tourist
Market. The Mol y G1 son units are genera y availa Ie to
the tourist market and Applicant agrees to keep the
condominium units (if approved) available to the general
tourist market. It is the applicant's standard procedure to
operate their projects as hotels or lodges.
5. Common Areas. The common areas currently
available to lodge guests include an outdoor swimming pool
and jacuzzi surrounded by planters and a fence; a wood deck
that borders the north side of the pool; and, a conference
facility (approximately 650 square feet) and a lounge/bar
area with a fireplace (approximately 1750 square feet)
located in the lower level of the interior of the building.
The conference room and lounge/bar area were substantially
up gr aded as ev' ti--tty --t:he- at t ache.d...a.ffiAiPlll..Q.f.Jlaxi.d..E..." ,," _,
ese areas shall remain areas for common use
although the Applicant plans to retain ownership of the desk, I
bar and lounge, and conference facility as a separate".,_-J
commercial unit. is is one--so- that-nre-manager--can
opera e es acilities in an efficient and businesslike
way. Owners of units (in both buildings) will be able to use
the facilities the same as guests at present with no charge
except for the purchase of drinks and/or food. These areas
shall be maintained in a manner consistent with its previous
character and shall not be diminished in size or quality by
applicant.
6. Lodge Upgrade. Within the past several months
David F. Jones has spent approximately $218,000.00 upgrading
the Molly Gibson Lodge. The attached affidavit of Mr. Jones
documents the actual facilities upgraded by these
expenditures. The result is a substantial upgrading of the
~ lodge appearance and of its guest facilities in compliance
f'.- ~ith the spirit and intent of ~20-23(A) (6) (b) of the
,,,\,~ ordinance. Al though no further upgrading should be
~-(' necessary, applicant will spend at lease an additional
Q.:;~ $100.000.00 in upgrading the guest rooms. In connection
':therewith. the current assessed value of the Molly Gibson
v' Lodge is $98,600.00. less than one-half of the amount
expended by Mr. Jones to upgrade the lodge.
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AUSTIN MCGRATH & JORDAN
7 .
binding effect
Municipal Code
Binding Effect. The applicant
of the conditions set forth in
as required by ~20-23(B).
agrees to the
~20-23 of the
ADDITIONAL CONSIDERATIONS:
1 1. Parking. The Molly Gibson Lodge does not
have, nor has it ever had, off street parking for its quests.
However, this has never posed a problem since most guests
arrive by plane or other means of public transportation and
the lodge is located within easy walking distance of downtown
(4 blocks from the Hyman Avenue Mall). In addition, the
lodge is one block from Main Street and thus, the bus route
for free busses to Snowmass, Highlands and downtown, as well
as the County bus routes. The current van service provided
---;>by the Aspen Ski Lodge will be expanded and made available to
guests at the Aspen Ski Lodge II as well.
2. Trash Removal. The dumpster for the Molly
Gibson Lodge is located in the alley between the lodge and
the Aspen Ski Lodge and is easily accessed by the alley which
is maintained by the city. Applicant sees no reason why this
should be changed.
DOCUMENTATION ATTACHED:
1. Proof of Ownership. David F. Jones is the
current owner of the Molly Gibson Lodge and copies of his
deeds, recorded May 27, 1975 in Book 299 at Page 97 and
October 19, 1978 in Book 356 at Page 707, respectively of the
real property records in Pitkin County, Colorado, are
attached. An Option Agreement to sell the lodge to applicant
has been entered into and if condominiumization is approved,
applicant will purchase the lodge.
2. Improvement Survey. An improvement survey for
the property accompanies this application.
3. Site Inventory. The improvement survey
attached hereto depicts the configuration and location of the
exterior common areas and amenities. The bar/lounge area is
located in the lower level of the west wing and the
conference center is in the lower level of the north wing of
the building.
4. Condominium Documents. Drafts of the proposed
condominium documents, consisting of the first amended
Condominium Declaration for the Aspen Ski Lodge Condominiums
-4 -
..-'.,
.......
"
.j
AUSTIN MCGRATH & JORDAN
and the first supplement thereto; the Articles of
Incorporation for the Aspen Ski Lodge Condominium
Association; and, the first amended Bylaws of the Aspen Ski
Lodge Condominium Association, accompany this application.
Some changes and additions will likely be made to conform to
this condominiumization.
5. Affidavit of David F. Jones. The affidavit of
David F. Jones attached hereto describes the services
previously provided as required by ~20-23(A)(3) and further
describes the expenditures and improvements involved in the
upgrade of the lodge as required by ~20-23(A)(6)(b) of the
Municipal Code.
Dated: February 2, 1984
AUSTIN, McGRATH & JORDAN
~
~.
By_
Rona D. Austin
Frederick F. Peirce
600 E. Hopkins Ave.
Suite 205
Aspen, CO 81611
ATTORNEYS FOR APPLICANT
-5-
,,",
-.
.-'
LAW OFFICES
AUSTIN MCGRATH & ,JORDAN
600 EAST HOPKINS AVENUE
SUITE 205
RONALD O. AUSTIN
J. NICHOLAS MCGRATH, ..JR.
WILLIAM R. ..JORDAN m
ASPEN, COLORADO SIBil
AREA CODE 303
TELEPHONE 925-2600
GRAY A. YOUNG
FREDERJCK F. PEIRCE
Harch 1, 1984
Aspen City Council
The Aspen Planning
130 S. Galena
Aspen, CO 81611
Members
and Zoning Commission
Re: Molly Gibson Lodge Condominiumization
Dear Ladies and Gentlemen:
As you know, an application for condominiumization
of the Molly Gibson Lodge was submitted on behalf of our
client, Resort Investment Corporation, on February 2, 1984.
We have recently had the opportunity to review the comments
and concerns voiced by the referring agencies involved with
the application and note that some confusions and
misunderstandings have arisen. The purpose of this letter is
to attempt to clarify these confusions and, where
appropriate, to modify the record as set forth in the
application.
1. Money Spent to Upgrade Lodge. Numbered
paragraph 6 on page 3 of the referenced application states
that David Jones, the current owner of the Molly Gibson
Lodge, spent approximately $218,000.00 upgrading the Lodge
within the past several months. In a memorandum dated
February 8, 1984, Bill Drueding noted that the building
permit issued to David Jones on April 22, 1983 valued the
work to be performed thereunder at approximately $50,000.00
and was concerned about the discrepancy. The reason for the
discrepancy is that a considerable portion of the $218,000.00
spent by David Jones was used to purchase and install carpet,
wall paint, lighting fixtures, etc. which is not the subject
of a building permit. In addition, approximately $75,000.00
to $85,000.00 of the $218.000.00 total was spent on
furniture, furnishings, appliances, linens and the like, all
of which, although not the subject of the building permit,
resulted in a significant upgrading of the lodge
accommodations. Therefore, although the $50,000.00 estimate
may have been somewhat lower than the actual hard
construction costs, the difference is minor.
"....""\
......"""
AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March 1, 1984
Page 2
2. Plan of Improvements. In connection with the
discussion regarding the amount of money spent by Mr. Jones
in upgrading the Lodge, it appears that the referenced
application created some confusion with respect to future
improvements. Both the city attorney and the engineering
departments voiced concern that there was no plan of
improvements attached to the application. This is because,
for purposes of the municipal code (~20-23(A) (6) (b)), the
applicant is relying on prior money spent to upgrade the
lodge to qualify for condominiumization. Although it is true
that the applicant plans to spend at least another
$100,000.00 in the lodge (some of which will be spent
bringing the building into compliance with the city building
code), the applicant is not relying on these expenditures to
obtain condominiumization approvals. Consequently, no plan
of improvements is necessary at this time, although the
applicant will obviously have to comply with building code
provisions in order to obtain a building permit prior to
commencing such improvements.
3. Parking. The referenced application states
that there has never Deen any off-street parking at the Molly
Gibson Lodge. Mr. Drueding, in his memorandum, correctly
points out that this is incorrect. In fact, four parking
spaces are available on the north side of the property,
adjacent to the alley. According to David Jones, those
spaces are never used and are not even maintained in the
winter, hence his statement that there was no parking.
Nevertheless, they do exist and the applicant will continue
to preserve them and will maintain them in the wintertime.
4. Commercial Units. The City Attorney has
raised some concern regarding the retention by the applicant
of ownership of the conference area, bar, lounge and desk as
commercial units. In effect, the City Attorney seems
concerned that this may diminish the size or quality of the
common areas. Numbered paragraph 5 on page 3 of the
application describes the conference area and bar/lounge area
as "common areas currently available to lodge guests". It is
obvious, however, that the bar/lounge is not a self-service
bar. Rather, pursuant to its liquor license, it is a bar
operated by David Jones as the owner of the lodge. Hence, it
is available to the guests as a service. Likewise, the
conference facility is reserved through the lodge management.
Therefore, these areas are available to Lodge guests as
common areas, subj ect to Lodge management. Obviously,
pursuant to its liquor license, the Lodge cannot refuse
"""-
'-"
AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March 1, 1984
Page 3
service in the bar to members of the general public. In
addition the Lodge has, since the bar/lounge and conference
facility were established, made these facilities available to
individuals and groups who were not Lodge residents at
certain times when such use did not conflict with the
operation of the lodge and the comfort and convenience of its
guests. Therefore, these areas have not been strictly common
areas available only for the use of Lodge guests as the
application may have inferred.
It is the applicant's intention to continue to keep
these areas available for use of lodge guests and condominium
owners. It will retain ownership of the areas as commercial
units to effectively provide for management and maintenance
of the facilities. In addition, it will use the conference
facilities and bar/lounge amenity as marketing tools for
condominium sales and, since they will retain an interest in
the project, for continuing reservations and bookings. They
will not advertise or market these facilities for use by
members of the general public who are not owners or guests of
the Lodge. Perhaps it should also be noted that, since these
units will be available as a common area for all guests and
lodge owners, but owned by the applicant, the owners and
guests will derive the benefit of the use of the areas
without the burden of the costs of administrating and
maintaining the areas.
This scheme will not diminish the size or quality
or nature of these areas as common areas since it will, in
effect, continue the operation of these areas as it exists
now. In addition, it obviously is loyal to the intent of the
code to continue to maintain these areas in a manner
consistent with their previous character.
5. and Related Code Violations.
The building inspector eta~ e ourteen ex~st~ng v~o ations
of various code provisions at the Lodge. The applicant is
willing to rectify these violations, as a condition of
condominiumization approval, even though it creates
additional costs to the applicant.
,..",
....,,-
AUSTIN MCGRATH & JORDAN
Aspen City Council Members
The Aspen Planning and Zoning Commission
March 1, 1984
Page 4
We hope this has helped to eliminate some of the
concern and confusion surrounding the referenced application.
Sincerely,
AUSTIN,
JORDAN
-~
By
FFP/st
cc: Resort Investment Corporation
PAtrL /ilJJ1J Ie see,,'!:9 ~/' I 07 4fJ -
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e. On-site management of excellent quality
year-round, with reduced hours during offseasons.
3. The Lodge has provided one manager's unit in
the past for employee housing, approximately 300 square feet
in size, containing two twin beds (two pillows).
4. From October, 1982 through August, 1983, I
have spent approximately $218,000.00 in upgrading the Molly
Gibson Lodge. Included in the upgrading were:
a. Remodeling of fireside lounge (common
area) and installation of a new bar for guests in
the lounge, with a full liquor license.
b. Installation of new conference room and
furniture.
,1
,
1
,
;.~
c. Painting of all doors and frames.
d. Installation of additional landscaping,
including new planters around jacuzzi.
e. Remodeling and refurbishing upstairs guest
rooms.
f. Improving maintenance systems.
;\)
,,;;
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g. Installation of outdoor jacuzzi.
Back up _documentation can be provided if it is
deemed necessary.
)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
Subscribed and sworn to before me this~~ay of
1984 by David F. - Jones. '
r' .
.
I
~
January,
WITNESS my hand and official seal.
My commission expires: Mv CommISSIon eXlllre5 February 19. 1985
(fLti-~"'-i ~ J;l, f~
Notary P ic - ,
Address: 600 EAST HOPKINS AVF..
SUI1l205
ASl'EJI. COI QP&M 81611
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!IE!10Ri".NDUH
TO:
,
Aspen Planning and zoning Commission
FROII:
Colette Penne, Planning Office
RE:
Molly Gibson Lodge Condominiumization
DATE:
l.larch 6, 1984
-.------------
LOCATION:
Lots 0, P and Q, Block 59, City and Townsite of Aspen
(Northwest corner of Hopkins and Garmisch)
ZONING:
L-3
APPLICANT'S REOUEST:
Subdivision exception pursuant to Section 20-23 for the purpose of
the condominiumization of the Molly Gibson Lodge. The Lodge will
be made a part of the Aspen Ski Lodge condominium association and
will be renamed the Aspen Ski Lodge II.
REFERRAL c.ormENTS:
The Building Department/Fire Marshall listed fourteen building code
violations that must be improved. The detailed memo is attached.
Further, the 7,oning Administrator indicates that parking has been
provided on the north side of the building but the area does not
appear to be plowed or utilized. Also, the applicant submits that
approximately $218,000 has been spent in the upgrading of the facility,
however, the amount indicated for the valuation of work was $50,000.
The Engineering Department asked for the following:
"1. Condominiumization should be contingent on recordation of a
condominium plat following completion of any improvements.
2. Plans for upgrading of the lodge should be reviewed by this
office. Reconstruction of the Smuggler Lodge failed to provide
on-site areas for trash and utility services resulting in conflicts
with the alley. We would prefer not to see this mistake repeated
at the Molly Gibson.
3. The applicant should be required to provide an easement for
the existing electric transformer adjacent to the alley.
4. The owners should be required to join any future improvement
districts per the City Attorney's standard covenant."
~...............,,_,_w._... ._..<______.__-... .
The Housing Office submits that historically, the lodge has provided
one employee unit (manager's unit) containing two beds. The unit
is approximately 300 sq. ft. and has housed one employee. The applicant
has committed to use this unit to house two employees.
The Housing Authority recommends that the Molly Gibson Lodge condo-
miniumization be approved contingent on the following conditions:
1. That the standard Housing Authority Employee Dwelling Unit Agreement
be entered into and recorded prior to the time of issuance of
the building permit and be filed with the Housing Authority.
2. That a verification of employment be completed and filed with
the Housing Authority.
The City Attorney's Office has the following documentation requirements:
1. A statement of exception will be required if condominiumization
is approved, with the usual improvement district requirements;
and the fOllowing changes and/or additional information needed:
2. Comments on the proposed condomiumization documents will be
made after the changes and additions referred to by the applicant
in paragraph 4, page 5 of the applicant have been completed.
3. There is no plan of improvements detailing the additional $100,8CG
that the applicant plans to spend in upgrading the lodge facility
as described in paragraph 6, page 3 of the application.
4. Paragraph 5, page 3,of the application refers to the applicant
retaining ownership of the desk, bar, lounge, and conference
facility as a separate commercial unit. We question whether
this complies with the intent of Section 20-23(A) (5). The Condo-
minium Declaration may eventually handle this. Our intent is
to preserve the areas for common use (conferences, etc.).
PLANNING OFFICE RI;;VIEl:I:
The Molly Gibson is an L-3 lodge and the condominiumization of it
is subject to Section 20-23 of the Municipal Code. Planning Office
records show that the present build out on this 9,000 sq. ft. lot
is 8376 sq. ft. for an FAR of .93: 1. It is the intent of the lodge
condominiumization that "the condominium units created shall remain
in the short-term rental market to be used as temporary accommodations
available to the general public." Evidence of compliance with this
intent is a condominium declaration (which has been submitted) which
will be recorded with the Clerk and Recorder's Office.
The Sections (a, b and c) of Section 20-23 which limit an owner's
personal use of his unit and the assessments to be levied in the
case of violation of these limits and the City's rights to require
reporting are stipulated verbatim in the Condominium Declaration.
.. ,-.-..-..--""""-.,.... ....-....
One unit (containing two twin beds) of employee housing has been
provided for the past 3-year period. This same unit will be maintained
for future use, providing two pillows of employee housing.
The applicant has submitted an affidavit indicating the following
levels of services and amenities provided at the Molly Gibson for
the past three years:
(a) Continental breakfast.
(b) Front desk check in and check out service from 8:00 A.M. to
8:00 P.M. seven days a week during high season. Late arrivals
are signed in by the resident manager or a key to the room and
a note explaining the room location and time for breakfast are
left at the office door.
(c) No transportation has been provided. The van service of the
Aspen Ski Lodge will be expanded to serve the Molly Gibson if
this condominiumization is approved.
(d) The front desk times were described above. Check-in time is
3:00 P.M. and check-out time is 10:00 A.M. When guests arrive
at the desk, they are given their room key, signed in and advised
of the available amenities and given any additional information.
(e) The amenities offered include:
(1) Continental breakf ast;
(2) Outdoor swimming pool;
(3) Outdoor jacuzzi;
(4) Bar and lounge;
(5) Cable T.V., including HBO,
(6) Conference room;
(7) Daily maid service; and
(8) On-site management year-round (reduced hours during off
seasons) .
The lodge will remain available to the general tourist market and
will either be marketed privately or through the ARA. The form of
the marketing approach should be submitted for review before final
Council approval.
The common areas must remain common and will not be diminished in
size or quality. The applicant refers to the general common elements
in Item #11 on page 6 of the First Amended Condominium Declaration
as "commercial units". The declarant proposes to retain ownership
of these areas. The Planning Office wants it to be clear that these
general common elements are not commercial units, and should be owned
by the Condominium Association. No Commercial Growth Management
allotment has ever been given for the square footage or conditional
use approval granted and the units are amenities only for this lodge
development.
The applicant indicates that approximately $218,000 has been spent
----._._.__.~- _.-..~,..-_."".....-, .~._.' -......-...-......--.....
in the past year on the upgrading of the facility. The valuation
of work shown on the building permit was $50,000. The Code requires
that an amount equal to 30% of the property's assessed value ($9B,600)
be expended to physically upgrade the lodge. In this case, that
amount equals $29,580 and the information supplied indicates that
the upgrading has exceeded the requirement. A detailed accounting
of these improvements will be available at your meeting for your
review. The City Council ultimately must accept the information
submitted to be proof that the upgrading completed prior to condomin-
iumization is sufficient to meet the criteria of Section 20-23(6) (b).
The additional money projected to be spent is over and above that
required and will be outlined further by the applicant for Council
review.
All conditions of Section 20-23 shall be made binding on the applicant,
the applicant'S successors, heirs, personal representatives and assigns
and shall govern the property for the life of the survivor of the
present City Council of Aspen plus 21 years. Any modification of
this condominiumization shall only be by written agreement to the
City Council and the owner or owners of the condominiumized lodge
property. The documents creating and governing the condominium shall
be modified by the condominium owners only with the prior written
approval of the City Council.
.3. \ ;1
PLANNING OFFICE RECOMMENDATION:
The
for
the
Planning Office recommends approval of subdivision exception
the purpose of condominiumization of the Molly Gibson Lodge with
following conditions:
1.
The Building Code violations listed by the Building Department
in their memo of February 22, 1984, be corrected to the satisfaction
of Jim Wilson prior to the sale of any unit or the recording
of the plat.
C<:" s" ,If/"
The off-street parking area/to the north of the lodge
and maintained so that it is available for use.
be retained
2.
3. That the standard Housing Authority Employee Dwelling Unit Agreement
be entered into and recorded and filed with the Housing Authority
along with a verification of employment.
4. An easement for the existing electrical transformer adjacent
to the alley must be supplied and shown on the plat.
5. The on-site areas for trash and utility services should be detailed
for and reviewed by the Engineering Department prior to Council
review.
6. A condominium plat must be approved by the Engineering Department
following the completion of improvements and prior to recordation.
7. A Statement of Subdivision Exception must be recorded which
includes the owner's commitment to join future improvement dis-
tricts.
........-...."'..~..__..,.--,_...--.,........'----,-_..,._.-._<...._._..._",~
.
8. A detailed cost accounting of previously expended funds and
planned expenditures shall be submitted for Council review and
determination of compliance.
9.
The common areas cannot be operated as commercial facilities
and must be held as general common elements by the Condominium
Association.
~
The method of marketing shall be submitted for Council review.
,O~
The Condominium Declaration shall be approved as to final form
by the City Attorney's Office and recorded.
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1611
MEMORANDUH
TO:
Planning Office
Colette P~~
City Attorne~ <----
February 22, 1984
FROH:
DATE:
RE:
Molly Gibson Lodge Condominiumization
We have reviewed your memorandum and enclosures of
February 2, 1984 and have the following comments:
1. Paragraph 5, page 3, of the application refers to
the applicant retaining ownership of the desk, bar, lounge,
and conference facility as a separate commercial unit. We
question whether this complies with the intent of Sec. ~~
20-23(A) (5), particularly as to the conference facility.~
As a practical matter, it may not be sensible to have the
association own the bar and lounge; but, it merits discussion.
//2. A statement of exception will be required if condo-
miniumization is approved.
~3. We defer to engineering on the adequacy of the
improvement survey and site inventory for the project.
~ 4. We will comment on the proposed condominiumization
documents after the changes and additions referred to by
the applicant in paragraph 4, page 5, of the application
have been completed.
vI';. The usual improvement district requirements may be
a condition to condominiumization.
~ 6. There is no plan of improvements detailing the
additional $100,000.00 that the applicant plans to spend in
upgrading the lodge facility as described in paragraph 6,
page 3, of the application.
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Jay Hammond, City Engineering ~
DATE: February 17, 1984
RE: Molly Gibson Condominiumization
---------------------------------------------------------
Having reviewed the above application, and made a site
inspection, the City Engineering Department would offer the
following comments:
~: Condomi~i~mizationfshOUl? be contin~ent on rec~rdation
of a condomlnlum plat ollowlng completlon of any lmprove-
ments.
~. Plans for upgrading of the lodge should be reviewed by
this office. Reconstruction of the Smuggler Lodge failed
to provide on-site areas for trash and utility services
resulting in conflicts with the alley. We would prefer
not to see this mistake repeated at the Molly Gibson.
.......
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for
'..
The applicant should be required to provide an easement
the existing electric transformer adjacent to the alley.
~< The owners should be required to join any future
improvement districts per the City Attorney's standard
covenant.
5. A more imaginative name than Aspen Ski Lodge II would
be nice.
JH/CO
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I">DFN / PiTKIN CO.
"V~ OFFiCE
506 east main street
aspen, colorado 81611
M M M 0 RAN 0 0 ~cJl1/'
TO: Housing Authority of the City of Aspen and Pitkin
County Board
pitkin county
FROM: James L. Adamski, Director
DATE: February 21, 1984
RE: Molly Gibson Lodge Condominiumization
Applicant: Resort Investment Corporation of South Carolina.
Nature of Project: Resort Investment Corp. is making application
pursuant to Sub-section 20-23 of the municipal code of the City
of Aspen for the Condominiumization of the Molly Gibson Lodge,
which will be re-named the Aspen Ski Lodge II and will incorpor-
ate into the condo association as an expansion of the existing
Aspen Ski Lodge.
Historically, Molly Gibson
(managers unit) containing
300 sq. ft. and has housed
Lodge has provided one employee unit
2 beds. The unit is approximately
one employee.
The applicant has committed to use this unit to house 2 employees.
Housing Office Recommendation: The application was reviewed and
a decision was made based on Sub-Section 20-22 Condominiumization
and 20-23 Condominiumization, Lodge, of the municipal code of the
City of Aspen. Subject to this review it is the recommendation
of the Housing Authority that the Molly Gibson Lodge Condominiui-
zation be approved contingent on the fOllowing conditions:
1) That the standard Housing Authority Employee Dwelling
Unit Agreement be entered into and recorded prior to
the time of issuance of the building permit and be
filed with the Housing Authority.
2) That a verification of employment be completed and
filed with the Housing Authority.
ASPEN.PITKI~4REGIONAL BUILo.."'\IG DEPARTMENT
MEMORANDUM
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FROM:
Colette Penne, Plannin:.~
Bill Drueding, Zoning ~J
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TO:
Frp o'~
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DATE: February 8, 1984
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RE: Molly Gibson Lodge Condominiumization
On page 4 of the application, the applicant states it does not have,
nor has it had, off-street parking for its guests. Was the previous
parking or the existing parking for employees? The Molly Gibson
was issued a building permit (#3365) on May 26, 1981. This permit
indicates "move parking to north side". During application of April 22, 198!
building permit #6029, I recall that the applicant was denied
certain building requests in order to preserve the parking adjacent
to the alley. A site visit indicated that this space was still
there but was not plowed or being utilized.
Building permit #6029, issued April 22, 1983, indicates a valuation
of work at $50,000. Did the applicant underestimate the work he
would do, or did he upgrade a much greater amount than he indicated
to the Building Department?
Do you want the Building Department to conduct a Health, Life & Safety
inspection?
cc: Jim Wilson, Building Official
Patsy Newbury, Zoning Official
City Attorney
WD/ar
offices:
110 East Hallam Street
Aspen, Colorado 81611 303/925-5973
mail address:
506 East Main Street
Aspen, Colorado 81611
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BUILDING PERMIT APPLICATI
"""-'-~----
50--S='E:BBt Main Street;
Aopen, Colorado 81611
3C3/925-S973
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General
Construction
Permit
1
ABPEN.PITKIN
REGIONAL BUILOING OEPARTMENT
Jurisdiction of fE.O---.p
Applicant to complete numbered spaces only.
.,DDRESS
TRACT OR SUBDIVISION
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LEGAL
1. DESCR.
LOT NO.
BLOCK
6029
NO.
MOLLY &1&00 LolJb6
(U SEE ATTACHED SHEET)
2,
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ARCHITECT OR DESIGNER
L-AV f:1VOc:K:-
MAIL ADDRESS ZIP PHONE
120 (,,-<J, rtJPICI..<..JS r='bJ 'Z-
PHONE LICENSE NO.
Zo. 3 ~ev
MAIl,. ADDRESS PHONE LICENSE NO.
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OWNER
JoIJ6S
CONTRACTOR
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3,
4,
MAIL ADDRESS
[~JGINEER
5. .-
USE OF BUILDING _
6 LODbc:-
7. Class 01 work
o NEW
o ADDITION
I<f'AlTERATIDN
8 Chilnge ot use from
Chilnge of use to
PHONE
LICENSE NO.
o REPAIR
o MOVE
o WRECK
PLAN CHECK FEE
\ O.SO
PERMIT FEE
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9. Valuation of work: $
10, REMARKS:
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NOTICE
S;::;'i\RATE PERMITS ARE REOU1RE5""" FOR ELECTRICAL, PLUMBING,
~i[',\TING, VENTILATING OR AIR CONDITIONING.
I !W~ PERMIT 13ECOMES NULL AND VOID IF WORK OR CONSTRUCTION
i\'. .:rHQRIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC-
-;'ION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120
[J,wS AT ANY TIME AFTER WORK IS COMMEN,CED.
I i..f.REBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION
,\:;[J KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS
.HH} ORDINANCE:S GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH
WHETHER SPECIFIED HEREIN DR NO . THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORIT IOlATE OR CANCEL THE PROVISIONS OF
ANY OTH STATE OR lOC EGUlATING CONSTRUCTION OR THE PER.
FORMA CONSTRUCT N.
""""S';-:C;'J
SIGNATURE F OWNER IF OWNER BUILDER
A
Type of Construction
Occupancy Group
Olvislon
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No.ofStoriU
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MIx. OCC. LOld
NO. of Dwellin9 Unit~
OFFSTREET PARKING SPACES:
CoV<!!red
Uncovered
Special Approvals
REOUIRED
AUTHORIZED BY
DATE
ZONING
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HEALTH DEPT.
FIRE DEPT.
SOIL REPORT
PARK DEDICATION
WATER TAP
ENG. DEPT.
I
THIS FORM IS A PERMITONL Y WHEN VALIDATED
_,_,~ TARTED WITHOUTJ"~(1'f~.t;~f dOUBLf FEE
! r~'\(Co( '1 lId ;~ I~..s
L: :-l~Ij::F~I~:'. Y-l-Z-Y:>
PERMIT VALIDATION CK.
M.O.O
VALIDATION
CASH 0 PLAN CHECK VALIDATION CK.
M.O.O
CASH 0
WI.HH _ INSPECTOR'S copy YELLOW - ASSESSOR'S copy PINK - BUILDING DEPARTMENT FILE
GOLD - CUSTOMER'S COPY
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FIRST AMENDED
CONDOMINIUM DECLARATION
FOR
THE ASPEN SKI LODGE CONDOMINIUMS
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, RESORT INVESTMENT CORPORATION, a Delaware
corporation, hereinafter called "Declarant," 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, representing an aggregate ownership interest
of at least 83% of the general common elements of the Aspen Ski
Lodge Condominiums, an existing condominium organized pursuant to
the Colorado Condominium Ownership Act of the State of Colorado,
~38-33-101, et~, C.R.S.; and,
WHEREAS, Declarant desires to amend the Condominium
Declaration for the Aspen Ski Lodge Condominium recorded on
December 30, 1980, in Book 402 at Page 236 of the Pitkin County
real property records in accordance with paragraph 19 of said
Condominium Declaration; and,
WHEREAS, said Condominium Declaration for the Aspen Ski
Lodge Condominiums established a plan for the ownership in fee
simple of the real property estates consisting of the area or
space contained in each of the air space units in the building
improvements and the coownership 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; and,
WHEREAS, the Aspen Ski Lodge Condominiums were
established as a "Condominiumized Lodge" pursuant to ~20-23 of
the Municipal Code of the City of Aspen, Colorado; and,
WHEREAS, Declarant, in this Amended Condominium
Declaration for the Aspen Ski Lodge Condominiums, desires to
maintain the integrity of the Aspen Ski Lodge Condominiums as
es tablished
NOW, THEREFORE, Declarant does hereby amend the
Condominium Declaration for the Aspen Ski Lodge Condominiums by
publishing and recording this First Amended Condominium
Declaration for the Aspen Ski Lodge Condominiums and repealing
the Condominium Declaration recorded December 30, 1980 in
Book 402 at Page 236 and further, Declarant does hereby publish
and declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations shall
be deemed to run with the land, shall be a burden and a benefit
to Declarant, its successors or assigns, and any person or entity
acquiring or owning an interest in the real property and
improvements, and their devisees or assigns.
1. Definitions. Unless the context shall expressly
provide otherwise:
1.1 "Unit" means an individual air space unit
which is contained within the unfinished perimeter walls, floors,
and ceilings of such unit in the building as shown on the Condo-
minium Map to be filed for record, together with all fixtures and
improvements therein contained but not including any of the
structural components of the building, or the general common
elements.
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 appurtenant to
such unit.
1.3 "General Common Elements" means and includes
all portions of the land described in Exhibit A hereto (except
the units), and including the structural components of the
buildings; the balconies and parking spaces; and all other parts
of such land and the improvements thereon necessary or convenient
to its existence, maintenance and safety, which are normally and
reasonably in common use, including the air above such land, all
of which shall be owned, as tenants in common, by the owners of
the separate units, each owner of a unit having an undivided
percentage interest in such general common elements as is
provided hereinafter.
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 Proj ect" means all of the land
and improvements initially and subsequently submitted by this
Declaration or any supplements or amendments hereto.
1.6 "Common Expenses" means and includes expenses
for maintenance, repair, operation, management and
administration, expenses declared common expenses by the
prov~s~ons of this Declaration and the By-Laws of the
Association, and all sums lawfully assessed against the general
common elements by the Board of Managers of the Association.
1. 7 "Association of Unit Owners" or "Association"
means THE ASPEN SKI LODGE CONDOMINIUM ASSOCIATION, a Nonprofit
Colorado corporation, its successors and assigns, the Articles of
Incorporation and By-Laws of which shall govern the
administration of this condominium property, and the members of
which shall be all of the owners of the condominium units.
1.8 "Building" means one
improvements containing units as shown on.
and supplements thereto.
of the building
the Map or amendments
1.9 "Map" or "Supplemental Map" means and includes
the engineering 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. More than one Condominium Map or
supplement thereto may be recorded and without limiting the
generality of the foregoing, separate condominium maps may be
recorded for each condominium building and/or for each supplement
to this Declaration. If more than one Condominium Map or
supplements thereto are recorded, then the terms "Condominium
Map" shall collectively mean and refer to all such condominium
maps and supplements.
1.10 "Owner" means a person, persons, firm,
corporation, partnership, association or other legal entity, or
any combination thereof, who own(s) an interest in one or more
condominium units.
1.11 "Declaration" means this First Amended
Condominium Declaration for the Aspen Ski Lodge Condominiums and
any supplements hereto.
-2-
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2. Condominium Map. The Map may be filed for record
in whole or in parts, sections or supplements, as construction of
the units and other improvements are substantially completed.
The Map (or any part or section thereof) depicting units shall
not be filed for record until the building in which the units are
located has been substantially completed in order to permit the
location thereof, both horizontally and vertically. Each such
Map shall be filed for record prior to the conveyance of the
condominium units shown thereon.
The Map shall depict and show at least the following:
The legal description of the land and a survey
thereof; the location of the buildings; the floor and elevation
plans; the location of the units within the buildings, both
horizontally and vertically; the thickness of the common walls
between or separating the units; the location of any structural
components or supporting elements of a unit located within a
building; and the building and unit designations; and, a
designation of which Common Elements contained in a Condominium
Building are Limited Common Elements.
The Map shall contain the certificate of a
registered Colorado land surveyor or licensed architect, or both,
certifying that the Map substantially depicts the location and
the horizontal and vertical measurements of the buildings, the
units, the unit designations, the dimensions of the units, the
elevations of the unfinished floors and ceilings as constructed,
the building number or symbol, and that such Map was prepared
subsequent to substantial completion of the improvements. Any
amendment to the Map shall set forth a like certificate when
appropriate. In interpreting the Map the existing physical
boundaries of each separate unit as constructed shall be
conclusively presumed to be its boundaries. Declarant hereby
reserves unto itself the right, from time to time, without
obtaining the consent or approval of any Owner or First
Mortgagee, to amend any Condominium Map in order to conform such
Condominium Map to the actual location of any improvement (s)
constructed, installed or erected on the Property and to
establish and designate any Common Elements as Limited Common
Elements; provided, however, that in the event parking spaces are
assigned to specific Condominium Units, said assignment shall be
permanent unless individual Owners agree to exchange assigned
parking spaces. The rights accorded to Declarant to this
Section 2 shall expire upon the conveyance by Declarant of the
last Condominium Unit owned by it which is neither rented, leased
nor otherwise occupied to the first Owner thereof (other than
Declarant).
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.
3.1 Declarant reserves the right to itself, its
grantees. successors or assigns to:
3.2 Physically combine the space within one unit
with the space within one or more adjoining units, and
3.3 Combine a part of or combination of parts of
the space within one unit with part or parts of the space within
one or more adjoining units, and
-3-
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3.4 Divide into separate units the space of one
unit.
3.5 The aggregate or divided undivided interests
in the general conunon elements resulting from any of the
provisions of paragraphs 3.2, 3.3 and 3.4 shall be reflected by
an amendment to Exhibit B hereof and to the Map, consistent with
the requirements set forth in this Declaration.
3.6 Declarant acknowledges that this Declaration
is subject to the provisions and requirements of Section 20-23 of
the Municipal Code of the City of Aspen, Colorado, as such
Municipal Code is presently constituted.
Pursuant to Section 20-23 thereof, the following is
made a part of this Declaration:
(a) An owner's personal use of his unit
shall be restricted to fourteen (14) days
or less during the seasonal period of
December 18 through March 20. This
seasonal period is hereinafter referred
to as "high season". "Owner's personal
use" shall be defined as owner occupancy
of a unit or nonpaying guest of the owner
or taking the unit off the rental market
during the seasonal periods referred
herein for any reason other than
necessary repairs which cannot be
postponed or which make the unit
unrentab Ie. Occupancy of a unit by a
lodge manager or staff employed by the
lodge, however, shall not be restricted
by this section.
(b) A violation of the owner's personal
use restriction by a unit owner shall
subject the owner to a daily assessment
by the condominium association of three
(3) times the daily rental rate for the
unit, at the time of the violation, which
assessment, when paid, shall be deposited
in the general funds of the condominium
association for use in upgrading and
repairing the conunon elements of the
condominium. All sums assessed against
an owner for violation of the owner's
personal use restriction and unpaid shall
constitute a lien for the benefit of the
condominium association on that owner's
unit, which lien shall be evidenced by
written notice placed on record in the
office of the clerk and recorder of
Pitkin County, Colorado, and may be
collected by foreclosure on an owner's
condominium unit by the association in
like manner as a mortgage or deed of
trust on real property. The condomini.um
association's failure to enforce the
owner's personal use restriction shall
give the City of Aspen the right to
enforce the restriction by the assessment
and the lien provided for hereunder. If
the City of Aspen enforces the
restriction, the City of Aspen shall
receive the funds collected as a result
of the assessment for the violation. In
the event litigation results from the
enforcement of the restriction, as part
-4-
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of its reward to the prevailing party,
the court shall award such party its
court costs together with reasonable
attorney's fees incurred.
(c) The City of Aspen shall have the
right to require from the condominium
association an annual report of owner's
personal use during high season for all
the condominium units.
4. Limited Common Elements. A portion of the
general common elements is reserved for the exclusive use of
the individual owners of the respective units, and such
areas are referred to as "limited common elements." The
limited common elements so reserved shall be identified on
the Map. (Any balcony or balconies which are accessible
only from within, associated only with and which adjoin a
single unit shall, without further reference thereto, be
used in connection with such unit to the exclusion of the
use thereof by the other owners of the general common
elements, except by invitation.) All of the owners of
condominium units in this condominium project shall have a
nonexclusive right in common with all of the other owners to
use of sidewalks, pathways, roads and streets located within
the entire condominium proj ect, if any. No reference
thereto, whether such limited common elements are exclusive
or nonexclusive, need be made in any deed, instrument of
conveyance, or other instrument.
5. Inseparability of a Condominium Unit. Each
unit, the appurtenant undivided interest in the general
common elements and the appurtenant limited common elements,
shall together comprise one condominium unit, shall be
inseparable and may be conveyed, leased, devised or
encumbered only as a condominium unit.
6. Method of Description. Every contract for the
sale of a condominium unit and every other instrument
affecting title to a condominium unit may describe that
condominium unit by the unit number and building designation
shown on the Condominium Map appearing in the records of the
County Clerk and Recorder of Pitkin County, Colorado, in the
following fashion:
Condominium Unit , Aspen Ski Lodge Building,
THE ASPEN SKI LODGE CONDOMINIUMS, according to
the First Amended Condominium Declaration recorded
on , 1984 in Book , at Page ,
and Condominium Map appearing in the recordsDr
the County Clerk and Recorder of Pitkin County,
Colorado, in Book ____, at Page ____.
Such description will be construed to describe the
unit, together with the appurtenant undivided interest in
the common elements, and to incorporate all the rights
incident to ownership of a condominium unit and all the
limitations on such ownership as described in this
Declaration and any amendments hereto.
7. Se arate Assessment and Taxation Notice to
Assessor. Dec arant s a g~ve wr~tten not~ce to t e
Assessor of the County of Pitkin, Colorado, of the creation
of condominium ownership in 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
-5-
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owner shall pay his proportionate share thereof in
accordance with his percentage ownership of the general
cOlllIIlon elements.
8. Ownership Title. A condominium unit may be
held and owned by more than one person as joint tenants or
as tenants in COlllIIlon, or in any real property tenancy
relationship recognized under the laws of the State of
Colorado.
9. Non-Partitionabilit of
Elements. The genera cOlllIIlon e ements s a e owne in
cOlllIIlon by all of the owners of the units and shall remain
undivided, and no owner shall bring any action for partition
or division of the general cOlllIIlon elements.
10. The Use of General and Limited COlllIIlon
Elements. Each owner shall be entitled to exclusive
ownership and possession of his unit. Each owner may use
the general and limited cOlllIIlon 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.
Any Occupant may use the COlllIIlon Elements
reserved for the use of the Unit he occupies during the time
such Occupant is actually in residence in the Unit. Guests
and invitees of an Occupant of a Unit and the Unit Owner of
a Unit (while another occupies his Unit) may only use the
COlllIIlon Elements with the express permission of the Board of
Managers and subject to such terms and conditions as the
Board of Managers may specify in its sole discretion,
including the payment of a fee for the use thereof.
11. COlllIIlercial Units. The units designated as
cOlllIIlercial units on the Map shall be owned by Declarant.
Declarant shall be responsible for maintaining the
cOlllIIlercial units and for keeping them available for use by
unit owners and/or their guests or invitees. Declarant
shall pay its share of condominium assessments by virtue of
its ownership of the cOlllIIlercial units. In addition,
Declarant may contract with any independent company or
individual for the lease and/or management of the cOlllIIlercial
units. Notwithstanding anything contained to the contrary
in this paragraph 11, Declarant shall not exclude unit
owners from the reasonable use of the cOlllIIlercial units,
subj ect to such rules or regulations or reservation
schedules as Declarant may from time to time impose on the
use of such units.
12. Other Liens. Declarant states in accordance
with the requirements of the Colorado Condominium Ownership
Act, that it is possible that liens other than mechanic's
liens, assessment liens and tax liens, may be obtained
against the cOlllIIlon elements, including judgment liens and
purchase money mortgage liens.
13. Easements for Encroachments. If any portion
of the general cOlllIIlon elements encroaches upon a unit or
units, 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, as shown on the map,
encroaches upon the general cOlllIIlon elements, or upon an
adj oining unit or units, a valid easement for the
encroachment and for the maintenance of same, so long as it
stands, shall and does exist. In the event that anyone or
more of the units or buildings or other improvements
-6-
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comprising part of the general common elements are partially
or totally destroyed and are then rebuilt or reconstructed
in substantially the same location and as a result of such
rebuilding any portion thereof shall encroach as provided in
the preceding sentence, a valid easement for such
encroachment shall and does exist. Such encroachments and
easements shall not be considered or determined to be
encumbrances either on the general common elements or on the
units.
14. Termination of Mechanic's Lien Rights and
Indemnification. Subsequent to the completion of the
improvements described on the Map, no labor performed or
materials furnished and incorporated in a unit with the
consent or at the request of the unit owner or his agent or
his contractor or subcontractor shall be the basis for
filing of a lien against the unit of any other unit owner
not expressly consenting to or requesting the same, or
against the general common elements. Each owner shall
indemnify and hold harmless each of the other owners from
and against all liability arising from the claim of any lien
against the unit of any other owner or against the general
common elements for construction performed or for labor,
materials, services or other products incorporated in the
owner's unit at such owner's request. The provisions herein
contained are subject to the rights of the Managing Agent or
Board of Managers of the Association as is set forth in
paragraph 17. Notwithstanding the foregoing, any mortgagee
of a condominium unit who shall become an owner of a
condominium unit pursuant to lawful foreclosure sale or the
taking of a deed in lieu of foreclosure shall not be under
any obligation to indemnify and hold harmless any other
owner against liability for claims arising prior to the date
such mortgagee becomes an owner.
15. Administration and Mana ement; Mana in A ent.
The administrat~on an management 0 t ~s con om~n~um
property shall be governed by the Articles of Incorporation
and By-Laws of the Association. An owner of a condominium
unit, upon becoming an owner, shall be a member of the
Association and shall remain a member for the period of his
ownership. The Association shall be initially governed by a
Board of Managers as is provided in the By-Laws of the
Association. The Association may delegate by written
agreement any of its duties, powers and functions to any
person or firm to act as Managing Agent at an agreed
compensation; provided however, that no such delegation
shall relieve the Association or the Board of Managers of
their responsibilities under this Declaration.
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 (Managers and Officers) together with
the identity and address of the Managing Agent. Such
certificate shall be conclusive evidence of the information
contained therein in favor of any person relying thereon in
good faith regardless of the time elapsed since the date
thereof.
17. Reservation for Re air
and Emergencies. T e owners s a ave t e ~rrevoca e
right, to be exercised by the Managing Agent or Board of
Managers of the Association, to have access to each unit
from time to time during reasonable hours under the
particular circumstances as may be necessary for the
maintenance, repair or replacement of any of the general
common elements therein or accessible therefrom or for
making emergency repairs therein necessary to prevent damage
to the general common elements or to another unit or units.
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"'",,,,;'
Damage to the interior or any part of a unit or units
resulting from the maintenance, repair, emergency repair or
replacement of any of the common elements or as a result of
emergency repairs within another unit at the instance of the
Association shall be a common expense of all of the other
owners; provided, however, that if such damage is the result
of the misuse or negligence of a unit owner, then such owner
shall be responsible and liable for all of such damage. All
damaged improvements shall be restored to substantially the
same condition of such improvements prior to damage. All
maintenance, repairs and replacements as to the common
elements, whether located inside or outside of units (unless
necessitated by the negligence or misuse of a unit owner, in
which case such expense shall be charged to such unit
owner), shall be the common expense of all of the owners.
18. Owner's Maintenance Res onsibilit of Unit,
Balconies Park~n an Stora e Areas. or purposes 0
maintenance, repa~r, a terat on an 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 Managers. 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 in good condition and repair his unit, all
interior surfaces and the entire exterior of his unit and
shall maintain and repair the fixtures and equipment
therein. All fixtures and equipment installed within the
unit commencing at a point where the utilities 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 integrity of the
building or impair any easement or hereditament without the
written consent of the Board of Managers of the Association,
after first proving to the satisfaction of the Board of
Managers 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 Managers for
investigation under this Paragraph 17 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
Managers, 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 and patio area, if any, appurtenant to his unit
in a clean and sanitary condition and free and clear of
snow, ice and any accumulation of water. All other mainte-
nance 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.
19. of Declaration,
Articles and ssoc~at~on. ac owner s a 1
camp y str~ct y w~t t e prov~s~ons 0 this Declaration, the
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
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"'-...'
time to time. Failure to comply with any of the same shall
be grounds for an action to recover sums due, for damages or
injunctive relief or both, and for reimbursement of all
costs and attorneys' fees incurred in connection therewith,
which action shall be maintainable by the Managing Agent or
Board of Managers in the name of the Association in behalf
of the owners or, in a proper case by an aggrieved owner.
20. Revocation or Amendment to Declaration. This
Declaration shall not be revoked unless all of the owners
and all of the holders of any recorded first mortgage or
deed of trust covering or affecting any or all of the
condominium units unanimously consent and agree to such
revocation by instrument(s) duly recorded. This Declaration
shall not be amended unless the owners representing an
aggregate ownership interest of seventy-five percent (75%),
or more, of the general common elements, unless a different
percentage for the amendment of a specific provision hereof
is herein provided, in which case that provision shall
govern, and all of the holders of any recorded first
mortgage or deed of trust covering or affecting any or all
condominium units consent and agree to such amendment, which
consent shall not be unreasonably withheld, by instrument(s)
duly recorded; provided, however, that the percentage of the
undivided interest in the general common elements
appurtenant to each unit, as expressed in this Declaration
(or in any supplements hereto) shall have a permanent
character and shall not be altered, except as a result of
expansion of the Project if otherwise permitted herein, in
which event the percentage of the undivided interest in the
general common elements shall be computed in the same manner
as originally computed in this Declaration, and shall be set
forth in a Supplemental Declaration without the consent of
all of the unit owners expressed in an amended Declaration
duly recorded. Nothing contained in this paragraph 20 shall
be construed to preclude or in any way limit the right of
Declarant to supplement this Declaration and/or the
Condominium Map if otherwise permitted herein.
21. Additions, Alterations, and Improvements of
General and Limited Common Elements. There shall be no
additions, alterations or improvements by the Board of
Managers or the Managing Agent of or to the general and
limited common elements requiring an expenditure in excess
of Five Thousand Dollars ($5,000.00) in anyone calendar
year without prior approval of a majority of the owners in
writing or as reflected in the minutes of a regular or
special meeting of the owners. Such limitation shall not be
applicable to the replacement, repair, maintenance or
obsolescence of any general common element or common
property. An individual unit owner shall do no alterations,
additions, or improvements (for his individual benefit or
for the benefit of his Unit) to the general common elements
or the limited common elements without the approval of the
Board of Managers or the approval of a majority of the
owners in writing or as reflected in the minutes of a
regular or special meeting of the owners. In the event that
any such approved alterations, additions or improvements
create encroachments by a Unit upon the common elements or
by the common elements upon a Unit, a valid easement for
such encroachment and for the maintenance of same, so long
as it stands, shall and does exist.
The cost of any additions, alterations or
improvements to the general and limited common elements
undertaken by the Board of Managers shall be assessed as
common expenses. Any such additions, alterations or
improvements, regardless of by whom undertaken, shall be
owned by the unit owners in the same proportion as their
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ownership interest in existing general and limited common
elements and shall not affect any unit owner in reference to
his voting power in the Association.
The Board of Managers shall determine the
exterior color scheme of all buildings and all exterior and
interior color scheme(s) of the Common Elements (subject to
the approval rights of the Association), and shall be
responsible for the maintenance thereof. No Owner shall
paint an exterior wall, door, window or any exterior surface
or place anything thereon or affix anything thereto without
the written consent of the Board of Managers (provided,
however, nothing herein contained shall be construed to
relieve an Owner of the requirement to maintain any Limited
Common Element exclusively (or substantially exclusively)
for the benefit of his Unit (and/or other Units).
The Association shall be responsible for the
maintenance and repair and replacements of the Common
Elements not required to be maintained and/or repaired
and/or replaced by individual Owners. Notwithstanding each
Owner's duty of maintenance, repair, replacement and other
responsibilities to his Unit, the Association, through its
Board of Managers, may enter into an agreement with such
firm(s) or company(ies) as it may determine from time to
time to provide certain services and/or maintenance for
and/or on behalf of the Owners whereby maintenance and
services are provided on a regularly scheduled basis, such
as air conditioning maintenance services, exterminating
services and other types of maintenance and services as the
Board of Managers deems advisable and for such periods of
time and on such basis as it determines. Further, the Board
of Managers may lease equipment (such as telephone systems,
MATV or Cable TV service) and grant easements for the
location and/or installation of the same if it determines
advisable. Said agreements shall be on behalf of each of
the Owners and the Monthly Assessment due from each Owner
for Common Expenses shall be increased by such sum as the
Board of Managers deems fair and equitable under the
circumstances in relation to the monthly charge for said
equipment maintenance or services. Each Owner shall be
deemed a party to such agreement with the same force and
effect as though said Owner has executed said agreement. It
is understood and agreed that the Association through its
Board of Managers shall execute said agreements as the agent
for each Owner. The aforesaid assessment shall be deemed to
be an assessment under the provisions of paragraph 22 of
this Declaration.
22. Assessment for Common Expenses. All owners
shall be obligated to pay the assessments, either estimated
or actual, imposed by the Board of Managers of the
Association to meet the common expenses. The assessments
shall be made according to each owner's percentage interest
in the general common elements as is set forth in Exhibit B;
provided however that notwithstanding anything else herein
contained to the contrary, for so long as the Employee Unit,
as described in paragraph 33.2, is deed restricted as
described in paragraph 33.2, the owner of that unit, i.e.,
the Association, shall not be assessed for common expenses.
Regardless of the foregoing, the owner of the Enployee Unit
and the unit's occupants, tenants and guests shall be
entitled to use all of the common elements to the same
extent as any other owner, occupants, tenants and guests.
In the event that the deed restriction on the Employee Unit
is ever terminated, then the owner of that unit shall
thenceforth be assessed for common expenses. Except as
otherwise herein provided, the limited common elements shall
be maintained as general common elements, and owners having
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,
exclusive use thereof shall not be subject to any special
charges or assessments for the repair or maintenance
thereof. Assessments for the estimated c01lllll0n expenses
shall be made at least semiannually and shall be due
i1lllllediately upon receipt. The Managing Agent or Board of
Managers shall prepare and deliver or mail to each owner a
statement for the estimated or actual c01lllll0n expenses.
In the event the ownership of a condominium
unit by grant from the Declarant c01lllllences on a day other
than the first of the month, the assessment for that month
shall be prorated.
The assessments made for c01lllll0n expenses shall
be based upon the cash requirements of the Condominium
Project as the Managing Agent, or if there is no Managing
Agent, then the Board of Managers of the Association shall
from time to time determine. The assessments shall provide
for the payment of all estimated expenses growing out of or
connected with the maintenance, repair, operation,
additions, alterations, and improvements of and to the
general c01lllll0n elements, which sum may include, but shall
not be limited to, expenses of management; taxes and special
assessments until separately assessed; premiums for fire
insurance with extended coverage and vandalism and malicious
mischief with endorsements attached issued in the amount of
the maximum replacement value of all of the condominium
units (including all fixtures; interior walls and
partitions; decorated and finished surfaces of perimeter
walls, floors and ceilings; doors, windows and other
elements or materials comprising a part of the units)
casualty and public liability and other insurance premiums;
landscaping and care of grounds; snow removal; c01lllll0n
electricity, c01lllll0n water, c01lllll0n sewer, c01lllll0n lighting and
c01lllll0n heating; repairs and renovations; trash collections;
legal and accounting fees; management and rental fees;
expenses and liabilities incurred by the Managing Agent and
Board of Managers on behalf of the unit owners under or by
reason of this Declaration and the By-Laws of the
Association; for any deficit arising or any deficit
remaining from a previous period; the creation of reasonable
contingency, reserves, working capital, and sinking funds as
well as other costs and expenses relating to the general
c01lllll0n elements. The omission or failure of the Board of
Managers to fix the assessment for any period shall not be
deemed a waiver, modification or a release of the owners
from their obligation to pay the same.
All costs of maintenance, repair and
replacements of C01lllll0n Elements (including General C01lllllon
Elements and Limited C01lllll0n Elements) necessitated by the
negligence or misuse by any Owner of a Unit shall be borne
solely by the Owner of such Unit and the Board of Managers
shall have the right to assess such Owner for such costs.
23. Insurance. The Board of Managers of the
Association shall obtain insurance upon the Condominium
Project insuring it (including both C01lllll0n Elements and all
Units) against all risks, all premiums of which shall be
included as part of the C01lllll0n Expenses. The provisions of
this Article shall relate to all residential Units and all
C01lllllon Elements.
23.1 The Board of Managers, on behalf of the
Association, shall obtain extended insurance coverage (by
policies, each having, if such can be obtained, a term of
not less than three (3) years) upon the Condomium Project
and improvements thereon, including the Units and C01lllll0n
Elements, insuring the Owners and their mortgagees against
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loss from fire, earthquake, flood (if available), vandalism
and the elements (windstorm, etc.), as well as any other
risks the Institutional Mortgagees described in Section 23.2
(if any) may deem it reasonable to require, in amount(s)
sufficient to completely restore and replace the damage
and/or destroyed elements in the event of loss, or in the
event the improvements are not to be repaired or replaced
(as described in Section 23.6), sufficient, after pro rata
division among the Units to provide funds to payoff all
outstanding mortgages held by Institutional Mortgagees upon
Units in the Condominium, whichever is greater. In the
event such coverage as obtained contains deductible (s)
and/or is insufficient to so restore or replace, the
Insurance Trustee (as hereafter described), with the advice
of the Board of Managers shall determine the amount (s)
necessary to cover such deductible(s) and/or deficiencies
and establish a self-insurance fund to provide insurance to
cover the same. Such self-insurance fund shall be
established and funded in the same manner as are escrow
payments for insurance premiums as hereafter described.
Such self-insurance fund shall have the same loss payee as
the policies obtained (i.e. the Insurance Trustee for the
benefit of the Owners and their mortgagees, etc.). Such
self-insurance fund and any increase and/or replacement(s)
thereto shall be funded by assessment of all of the Owners
by the Insurance Trustee acting on behalf of the Board of
Managers which shall be, when so assessed, an item of Common
Expense. Such funds so maintained (except for excess funds,
which shall be distributed as provided in Section 23.4),
together with interest thereon (if any) may be expended only
in the event of: (i) a loss which such funds insure
against; (ii) in the obtaining of other insurance to cover
such deductible(s) and/or insufficiency (ies) ; (Hi) the
consent of all Owners and their mortgagees; or (iv) upon
termination of the Condominium. In the event of
distribution of such funds for any of the latter three
events, such funds so expended and/or distributed shall be
considered as, owned as and distributed on a prorata basis
among the Owners according to the percentage of Common
Elements appurtenant to each Unit.
23.2 Any Institutional Mortgagees holding
mortgages encumbering Units in the Condominium having
collectively an aggregate of original principal balances of
$3,000,000 or more shall have the right to approve all such
insurance policy or policies, the company or companies,
insurance upon such insurance coverage, the amount (s)
thereof and, if appropriate, self-insurance sufficient to
cover deductibles. Declarant reserves the right to, by
amendment, change the aggregate principal amount of
mortgages which must be held in order for an Institutional
Mortgagee to qualify for the rights granted herein.
23.3 Insurance premiums are and shall be a
part of the Common Expenses; provided, however, they shall
be paid separately to the Insurance Trustee by each Owner at
such address as it shall designate. The Insurance Trustee
shall notify the Owners of the place of payment and monthly
payment amount, which shall be due and payable by the first
day of each month by each Owner. The amount collected
monthly from each Owner shall be an amount equal to his
percentage share in the Common Expenses multiplied by not
less than 1/12th of the annual premiums of all insurance
policies maintained upon the Condominium. Further, the
Insurance Trustee is hereby subrogated to and assigned the
lien rights of the Association as to each Owner failing to
pay any payment due from him to the Insurance Trustee for
insurance premiums or self-insurance to the extent of the
amounts due and owing but unpaid, which rights include the
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right to file notice of, perfect and foreclose upon a
lien(s) against such Owner(s) as granted to the Association
by this Declaration. Sufficient funds shall be collected
and maintained, if necessary in advance, by the Insurance
Trustee (as hereinafter defined) such that with monthly
installments received by it, it will have sufficient funds
to pay the next annual premium on each policy maintained
under Section 23.1 hereof not less than sixty (60) days
prior to the date such premium on such policy is due and
payable. Such funds so held shall be disbursed and used by
it solely to pay premiums on said insurance policies
described in Section 23.1. Unless such insurer fails to
meet the requirements of Section 23.13 hereof or unless
otherwise instructed by the Board of Managers and agreed to
by the Institutional Mortgagees described in Section 23.2,
the Insurance Trustee shall renew each policy with and pay
the renewal premium to the same carrier then carrying said
coverage. Such funds shall not be otherwise used or
disbursed except upon written instruction of the Board of
Managers consented to by all of the Institutional Mortgagees
within the classification described in Section 23.2.
23.4 U.S. Capital Mortgage Corporation,
formerly known as Capital Acceptance Corporation, a Delaware
corporation authorized to do business in Colorado, its
successors and assigns, is hereby appointed and designated
Insurance Trustee. The Insurance Trustee shall receive all
funds designated for the self-insurance fund (if any)
described in Section 23.1 hereof, to be held in trust for
the benefit of the Owners and their mortgagees, to be
dis tributed as provided, and only as provided, in this
paragraph 23. The funds comprising such self-insurance fund
shall be placed in one or more demand accounts of a
federally insured bank or trust company (which shall be
interest bearing account(s) if allowed by such institution
and permitted by law). To the extent such funds exceed
those required (as defined in Section 23.1), they shall be
paid over to the Association.
23.5 The Insurance Trustee is hereby
designated and appointed as agent for the Association, its
Board of Managers, each and every present and future Owner
thereof and each and every beneficiary of a deed of trust
(if any) of each and every such Owner for the purposes of
this paragraph 23. Any Person, by acquiring any ownership
or security interest whatsoever in any Unit, shall be deemed
to have appointed the Insurance Trustee as his, her or its
agent for the purposes of this paragraph 23. Further, such
appointment is and shall be irrevocable; provided, however,
the present Insurance Trustee may designate a successor upon
the acceptance by a successor insurance trustee of all
rights, powers and duties herein granted the Insurance
Trustee and, further, provided such successor must be a
federally insured bank or other federally insured depository
having a corporate trust department, and must be acceptable
to all Institutional Mortgagees with the classification
described in Section 23.2. In its capacity as agent, the
Insurance Trustee shall cause itself, as Insurance Trustee,
to be designated as named insured and loss payee, for the
benefit of those for whom it is herein designated as agent,
of the insurance policies procured pursuant to Section 23.1,
and in such capacity to receive all proceeds from such
policies and execute as duly authorized agent such releases,
endorsements or other documents or things as may be
necessary to be able to receive such proceeds. In the event
of any casualty or loss which is less than 2/3rds (as
defined in Section 23.6), the Board of Managers shall be
responsible to accomplish substantial reconstruction,
replacement and repair, provided the Insurance Trustee shall
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,
collect the proceeds of insurance (and to the extent
appropriate, from the self-insurance fund) and distribute
such proceeds (by, if appropriate, a percentage of
completion basis) to the parties entitled thereto upon
satisfying itself as to the effectuation of such repairs,
replacement and reconstruction. In the event reconstruction
is not required (in accordance with the provisions of
Section 23.6), the Insurance Trustee shall receive the
proceeds and shall divide them, pro rata, among the Units
according to the percentage of Common Elements appurtenant
to each Unit. The Insurance Trustee shall then pay over to
the mortgagee (and, if more than one, in order of priority
of lien) of that Unit, the share of proceeds appurtenant
thereto up to the amount of indebtedness due such mortgagee
upon his mortgage, . and any balance then remaining to the
Owner thereof. If there be no mortgagee or other lien
holder of that Unit, the entire proceeds allocable to that
Unit shall be paid over to the Owner thereof. The Insurance
Trustee shall not be required to distribute any funds until
it is satisfied in its sole judgment or assured of the
parties entitled to such proceeds and the amounts to which
they are entitled.
23.6 The proceeds of any such insurance shall
be applied to reconstruct the improvements as provided in
the Act; provided, however, reconstruction shall not be
compulsory where it comprises the whole or more than
two-thirds of the Condominium Project. In such event, and
in the further event that at least three-fourths (3/4ths) of
the Owners and their Institutional Mortgagees agree in
writing not to reconstruct, the proceeds shall be divided
pro rata among the Units according to the share of Common
Elements appurtenant to each and distributed by the
Insurance Trustee as provided herein. Otherwise, the Owners
shall proceed with reconstruction. In the event of pro rata
division, the Institutional First Mortgagee of record shall
have first claim upon such insurance proceeds delivered to
the Owner of the Unit upon which such Institutional
Mortgagee holds a mortgage lien to the extent of the
indebtedness due and owing upon the debt which such mortgage
secures.
23.7 If the Condomium Project is not insured
or if the insurance proceeds are insufficient to cover the
costs of reconstruction, rebuilding costs shall be paid by
all of the Owners directly affected by the damage and each
shall be responsible for a share equal to the total cost
times a fraction, the numerator of which is one and the
denominator of which is the number of Units so directly
affected. Failure or refusal of payment of any of the
Owners so affected shall result in a lien upon his Unit in
favor of the Association in such amount and may be enforced
in the manner provided for collection of unpaid Assessments
herein.
23.8 Nothing herein contained or contained in
the By-Laws shall prevent or prejudice the right of each
Owner and/or his mortgagee(s) from insuring his Unit on his
account and for the benefit of himself and/or his
mortgagee(s).
23.9 Any repair and/or restoration must be
substantially in accordance with the plans and specifica-
tions for the original building and improvements or as the
building or improvements were last constructed or according
to plans approved by the Board of Managers and all
Institutional Mortgagees of record, which approval shall not
be unreasonably withheld.
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23.10 The Insurance Trustee is further hereby
irrevocably appointed agent for each Unit Owner, the
Association, its Owners and their mortgagees for the purpose
of compromising and settling claims arising under insurance
policies purchased under the provisions of this paragraph 23
and to execute and to deliver releases therefor upon the
payment of claims.
23.11 Should the Association fail to pay
insurance premiums when due or should the Association fail
to comply with other insurance requirements required herein
or imposed by Institutional Mortgagees having the right to
impose the same, said Institutional Mortgagees or anyone of
them shall have the right to obtain insurance policies and
to advance such sums as are required to maintain or procure
such insurance and to the extent of the monies so advanced
said mortgagee(s) shall be subrogated to the Assessment and
lien rights of the Association and its Board of Managers
against the individual Owners for reimbursement of such
sums.
23.12 The Board of Managers of the
Association is authorized and directed to purchase such
additional insurance and for such additional purposes,
including liability insurance (in an amount of not less than
$500,000 per occurrence) and, if required by law or deemed
advisable by it, workmen's compensation insurance, to carry
out its purposes and/or to protect itself, the Condominium,
its Common Elements, Units, the Owners thereof and their
mortgagees.
23.13 Any and all insurance coverage (s)
obtained under Section 23.1 above by the Association must be
obtained from an insurance carrier(s) admitted and
authorized to do business in the State of Colorado, and
having an Alfred M. Best Financial Rating of at least
"A+15" , which company(ies) shall be affirmatively presumed
to be a good and responsible company(ies) provided same are
so rated and are so licensed, admitted and approved to do
business and provide such coverage in the State of Colorado.
24. Owner's 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 Managers and Managing Agent shall have the
responsibility to take prompt action to collect any unpaid
assessment, 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 eighteen
percent (187.) per annum on the amount of the assessment from
the due date thereof, together with all expenses, including
attorney's 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 without foreclosing or waiving the lien
securing same. The Board of Managers shall have the duty,
right, power and authority to prohibit the use of the
limited and general common elements by an owner, his guests,
tenants, lessees and invitees in the event that any
assessment made remains unpaid more than thirty (30) days
from the due date for payment thereof.
25.
assessed but
chargeable to
Assessment Lien and Foreclosure. All sums
unpaid for the share of common expenses
any condominium unit shall constitute a lien
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on such unit superior to all other liens and encumbrances,
except only for tax and special assessment liens on the unit
in favor of any assessing unit, and all sums unpaid on a
first mortgage or first deed of trust of record, including
all unpaid obligatory sums as may be provided by such
encumbrance. To evidence such lien, the Board of Managers
or the Managing Agent shall prepare a written notice of lien
assessment setting forth the amount of such unpaid
indebtedness, the name of the owner of the condominium unit
and a description of the condominium unit. Such a notice
shall be signed by one of the Board of Managers or by one of
the officers of the Association or by the Managing Agent and
shall be recorded in the office of the Clerk and Recorder of
Pitkin County, Colorado. Such lien for the common expenses
shall attach from the date of the failure of payment of the
assessment. Such lien may be enforced for the foreclosure
of the defaulting owner's condominium unit by the
Association in like manner as a mortgage or deed of trust on
real property subsequent to the recording of a notice or
claim thereof. In any such proceedings the owner shall be
required to pay the Association the assessments for the
condominium unit during the period of foreclosure, and the
Association shall be entitled to a receiver to collect the
same. The Association shall have the power to bid in the
condominium unit at foreclosure or other legal sale and to
acquire and hold, lease, mortgage, vote the votes
appurtenant to, conveyor otherwise deal with the same. Any
encumbrancer holding a lien on a condominium unit may pay,
but shall not be 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 same rank 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 Managers notice of such encumbrance.
26. Liabilit~ for Common Expenses Upon Transfer of
Condominium Unit is Jo~nt. Upon payment to the Managing
Agent, or if there is no Managing Agent, then to the
Association 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
Managing Agent, or if there is no Managing Agent 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 respect to the subject unit, the
amount of the current assessment and the date that such
assessment becomes due, credit for any advanced 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 Association 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
(10) days, all unpaid common expenses which become due prior
to the date of making such request shall be subordinate to
the rights of the person requesting such statement. The
grantee of a condominium unit, except for any first
mortgagee who comes into possession of a condominium unit
pursuant to the remedies provided in its mortgage or becomes
an owner of a condominium unit pursuant to foreclosure of
its mortgage or by the taking of a deed in lieu thereof,
shall be jointly and severally liable with the grantor for
all unpaid assessments against the latter for the unpaid
common assessments up to the time of the ?rant or
conveyance, without prejudice to the grantee s right to
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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 from the Association, setting forth the
amount of the unpaid assessments, if any, with respect to
the subject unit, the amount of the current assessment, the
date that such assessment becomes due, and credits 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 (10) 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. The
provisions set forth in this paragraph shall not apply to
the initial sales and conveyances of the condominium units
made by Declarant, and such sales shall be free from common
expenses to the date of conveyance made or to a date as
agreed upon by Declarant and Declarant's grantee.
27. Mortgagin~ a Condominium Unit - Priority. An
owner shall have the rig t from time to time to mortgage or
encumber his interest by deed of trust, mortgage or other
security instrument. A first mortgage shall be one which
has first and paramount priority under applicable law. The
owner of a condominium unit may create junior mortgages,
liens or encumbrances on the following conditions:
27.1 That any such junior mortgages shall always
be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for
common expenses and other obligations created by this
Declaration, the Articles of Incorporation and the By-Laws
for the Association.
27.2 That the mortgagee under any junior mortgage
shall release, for the purpose of restoration 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 by the Association.
Such release shall be furnished forthwith by a junior
mortgagee upon written request of one or more of the members
of the Board of Managers of the Association.
28. Personal Property for Common Use. The
Association, as Attorney-in-fact for all of the owners, may
acquire and hold for the use and benefit of all of the
condominium unit owners, real, tangible and intangible
personal property and may dispose of the same by sale or
otherwise. The beneficial interest in any such property
shall be owned by all of the condominium unit owners in the
same proportion as their respective interests in the general
common elements, and such interest therein shall not be
transferable except with a transfer of a condominium unit.
A transfer of a condominium unit shall transfer to the
transferee ownership of the transferor's beneficial interest
in such property without any reference thereto. Each owner
may use such property in accordance with the purpose 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 personal
property associated with the foreclosed condominium unit.
29. Registration of Mailing Address. 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
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by certified mail, postage prepaid, addressed in the name of
the owner at such registered mailing address. If more than
one person or entity owns a Unit, the Unit Owner shall
register one address only with the Association and that
address shall be deemed the registered address for all
Owners of that Unit. All notices, demands or other notices
intended to be served upon the Board of Managers of the
Association or the Association shall be sent certified mail,
postage prepaid, to the mailing address of the Association
in Pitkin County, Colorado.
30. Period of Condominium Ownershi~. The separate
condominium estates created by this Declarat~on and the Map
shall continue until this Declaration is revoked or
terminated in the manner provided in this Declaration.
31. General Reservations. Declarant reserves the
right to establish easements, reservations, exceptions and
exclusions consistent with the condominium ownership of the
condominium proj ect and for the best interests of the
condominium unit owners and the Association in order to
serve the entire condominium project. Notwithstanding any
other provisions herein, so long as the Declarant continues
to own any of the Units, the following provisions shall be
deemed to be in full force and effect, none of which shall
be construed so as to relieve the Declarant from any
obligations as an Owner to pay assessments as to each Unit
owned by the Declarant after the construction of said Unit
has been completed and it is included in the Condominium.
31.1 The Declarant shall have the right at
any time to sell, transfer, lease or re-Iet any residential
Unit (s) which the Declarant continues to own after this
Declaration has been recorded, without regard to any
restrictions relating to the sale, transfer, lease or form
of lease of Units contained herein and without the consent
or approval of the Association or any other Owner being
required.
31. 2 Without limiting the foregoing, the
Declarant shall have the power, but not the obligation,
acting alone, at any time (and from time to time) so long as
the Declarant owns at least one Unit to amend the
Declaration to cause the same to conform to the requirements
of the Federal National Mortgage Association and/or the
Federal Loan Mortgage Corporation, as set forth,
respectively, in "FNMA Conventional Home Mortgage Selling
Contract Supplement" and "Seller's Guide Conventional
Mortgages," as the same may be amended from time to time.
31.3 The Declarant shall have the rights:
(i) to use or grant the use of a portion of the Common
Elements for the purpose of aiding in the sale or rental of
Units; (ii) to use portions of the Condominium Project for
parking for prospective purchasers or lessees of Units and
such other parties as the Declarant determines; (iii) to
erect and display signs, billborads and placards and store
and keep the same on the Condominium Project; (iv) to
distribute audio and visual promotional material upon the
Common Elements; and (v) to use any Unit which it owns as a
sales and/or rental office, management office or laundry and
maintenance facility.
31.4 In order to provide the Condominium
with, among other things, adequate and uniform water
service, sewage disposal service, utility services and
television reception, the Declarant reserves the exclusive
right to contract for the provision of such services. The
Declarant, as agent for the Association and the Owners, has
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~,
entered into or may enter into arrangements, binding upon
the Association and the Owners, with governmental
authorities or private entities for furnishing such
services. The charges therefor will be Common Expenses.
31.5 The Declarant reserves the right to
enter into, on behalf of and as agent for the Association
and the Owners, agreements with other Persons for the
benefit of the Condominium, the Association and the Owners.
The provisions of any such Agreement shall bind the
Association and the Owners. The Declarant, as agent for and
on behalf of the Association and the Unit Owners, has
entered into an agreement with Capital Telecommunications
Corporation, pursuant to which it will provide a color
television set in each Unit together with antenna television
reception service and maintenance and service therefor.
This agreement, a copy of which is attached as Exhibit C and
incorporated herein by reference is binding upon the
Association and the Owners. The fees for rental of such
television sets and for such services (initially $13.00 plus
applicable taxes per Unit per month) shall be Common
Expenses. If the Association fails to pay the amounts due
under the agreement with Capital Telecommunications
Corporation, the latter, if it duly performs its obligations
under such agreement, shall be subrogated to all rights of
the Association as to Common Expenses. The agreement with
Capital Telecommunications Corporation may be amended only
by a written amendment executed by the Board of Managers and
Capital Telecommunications Corporation. The Declarant has
also entered into an agreement with Capital
Telecommunications Corporation, pursuant to which it will
provide a telephone in each Unit tied to a central PBX
system and maintenance and service therefor. This
agreement, a copy of which is attached as Exhibit D and
incorporated herein by reference, is binding upon the
Association and the Owners to the extent allowed by law.
The fees for rental of such telephone sets and service
($50.00 installation fee plus service charge plus
applicable taxes per Unit per month) shall be Common
Expenses. The service charge may be escalated pursuant to
the increase in the Consumer Price Index on an annual basis.
If the Condominium fails to pay the amounts due under the
agreement with Capital Telecommunications Corporation, the
latter, if it duly performs its obligations under such
agreement, shall be subrogated to all rights of the
Association as to Common Expenses. The agreement with
Capital Telecommunications Corporation may be amended only
by a written amendment executed by the Board of Managers and
Capital Telecommunications corporation.
31.6 THE DECLARANT SPECIFICALLY DISCLAIMS ANY
INTENT TO HAVE MADE ANY WARRANTY(IES) OR REPRESENTATIONS(S)
IN CONNECTION WITH THE CONDOMINIUM PROJECT (INCLUDING ANY
WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR USE OR
FITNESS FOR A PARTICULAR PURPOSE) OR THE DOCUMENTS
ESTABLISHING OR GOVERNING THE CONDOMINIUM, EXCEPT THOSE
WARRANTIES AND REPRESENTATIONS (IF ANY) EXPLICITLY SET FORTH
HEREIN. NO PERSON SHALL BE ENTITLED TO RELY UPON ANY
WARRANTY OR REPRESENTATION NOT EXPLICITLY SET FORTH HEREIN.
STATEMENTS (IF ANY) AS TO COMMON EXPENSES, TAXES,
ASSESSMENTS OR OTHER CHARGES MADE BY THE DECLARANT OR ANY
REPRESENTATIVE THEREOF ARE ESTIMATES ONLY AND NO WARRANTY,
GUARANTEE OR REPRESENTATION IS MADE THAT THE ACTUAL AMOUNT
OF SUCH COMMON EXPENSES, ASSESSMENTS OR OTHER CHARGES WILL
CONFORM WITH SUCH ESTIMATES.
32. Recreational Facilities. The major
recreational facilities which are currently common elements
are as follows: swimming pool and jacuzzi. The
recreational facilities are available for use by the owners,
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their guests, tenants, family, and invitees, subject to the
requirements of this Declaration, the By-Laws, and the Rules
and Regulations. There shall be no fees or charges for such
use in addition to the assessments described herein.
33. Maintenance of Lodge Facility. Declarant for
itself and its grantees, successors and assigns hereby
acknowledges that by virtue of the establishment of this
condominium project as a "Condominiumized Lodge" [pursuant
to the provisions of Section 20-23 of the Municipal Code of
the City of Aspen, Colorado, as such Municipal Code is
presently constituted] use and maintenance of the common
elements are restricted by the provisions of the Code which
restrictions are fully set forth in this paragraph 33; use
of the Units are restricted by such Code, which restrictions
are fully set forth in paragraph 3.6, above, and in this
paragraph 33; maintenance of the Condominium Project as a
lodge facility is required by such Code, which requirements
are fully set forth in this paragraph 33; and, availability
of the Units to the general tourist market is required by
such Code, which requirements are fully set forth in
paragraph 3.6, above, and in this paragraph 33.
33.1 The Units shall remain in the short-term
rental market to be used as temporary accommodations
available to the general tourist market. This condition may
be met by inclusion of the Units, at comparable rates, in
any local reservation system for the rental of lodge units
in the City of Aspen, Colorado. Paragraph 3.6, above, sets
forth the restrictions relative to a Unit owner's personal
use of a Unit.
33.2 The Association shall provide a minimum
of two (2) pillows of employee housing. As used herein,
"pillow" means sleeping accommodations for one (1) person.
The Unit designated on Exhibit B and on the Condominium map
as the "Employee Unit" shall be purchased by the Association
from the Declarant (purchase price shall be $80,000.00, with
100% financing at 9% per annum amortized over a ten year
period with equal monthly installments) and shall be deed
restricted so as to provide for the employee housing as
required by this paragraph 33.2. Such Employee Unit shall
be utilized solely for the purposes hereinabove set forth
and shall not be utilized for rental purposes.
33.3 The Association shall provide on-site
management and maintenance and other tourist accommodation
services for the management and operation of the common
elements and for the compliance with the provisions and
restrictions of such Code, consistent in quality and
quantity to those provided by The Aspen Ski Lodge as of the
date of this Declaration. Specifically, the following
minimum tourist services shall be provided by the
Association or contracted for by the Association in order to
comply with the requirements of such Code, all of which
services shall be deemed condominium common expenses:
(a) On-site management from 8:00 a.m. to
8:00 p.m. seven days a week between December
1 and March 31, and between June 1 and
September 15 of each year;
(b) Twenty-four hour services on call
between December 1 and March 31, and between
June 1 and September 15 of each year;
(c) A continental breakfast between December
1 and March 31, and between June 1 and
September 15 of each year;
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33.6 In order to comply with the prov~s~ons of
such Code, and in order that the Condominium Project may be
maintained as a first class lodge facility as contemplated
by such Code, the Declarant agrees for itself, and its
successors, grantees and assigns, that the following
requirements will be complied with:
(a) If a Unit owner desires to sell a Unit,
the showing of the Unit to prospective
purchasers shall be done through appointment
with the front desk management only, in order
that any lodge guests in the Unit not be
inconvenienced.
(b) A Unit owner's choice of days to be
utilized for personal use during any given
high season as set forth in paragraph 3.6
shall be delivered in writing to the Board of
Managers prior to the first day of the month
of July preceding commencement of such high
season.
33.7 No violation or breach of, or failure to
comply with, any provision of this paragraph 33 and no
action to enforce any such provision shall affect, defeat,
render invalid or impair the lien of any mortgage, deed of
trust or other lien on any Condominium Unit taken in good
faith and for value and perfected by recording in the office
of the County Clerk and Recorder of Pitkin County, 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 or failure to comply or action to enforce, affect,
defeat, render invalid or impair the title or interest of
the holder of any such mortgage, deed of trust, or other
lien or the title or interest acquired by any purchaser upon
foreclosure of any such mortgage, deed of trust or other
lien or result in any liability, personal or otherwise, of
any such holder or purchaser. Any such purchaser on
foreclosure shall, however, take subject to this Declaration
except only that violations or breaches of, or failures to
comply with, any provisions of this paragraph 33 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 heir, personal representatives, successors or
assigns.
34. Reservation to Enl~rge and Supplement
Condominium Project.
34.1 Declarant intends to enlarge this
condominium project by making additions thereto of
condominium units and improvements for the common use of all
of the owners, and which shall be submitted in one or more
phases. To facilitate such enlargement(s) of this project,
Declarant reserves the right to so enlarge by submitting
additional real property and/or improvements thereto by a
duly recorded Supplement(s) to this Declaration and by
filing for record a Supplement to the Map. All
improvements, intended for common use of all of the owners
of condominium units in this project, shall be depicted on
the Supplement(s) to the Map, and such use denoted thereon.
34.2 Each such Supplement to this Declaration
shall provide for a division of such additionally submitted
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~,
real property and improvements into condominium units
similar in method and form to the division made of the real
property and improvements in this Declaration. Each unit
shall be separately designated, and each building shall be
identified by a symbol or designation dissimilar to any
other building in the condominium project. The undivided
interest in and to the general Common Elements appurtenant
to each such Unit shall not be a part of the general Common
Elements of the condominium units described and initially
created by this Declaration and the Map nor a part of the
general Common Elements of subsequently submitted
condominium units; provided, however, that all owners of
condominium units in this Condominium Project shall have a
non-exclusive right in common with all of the other Owners
to use of the sidewalks, pathways, driveways and all other
general Common Elements with this entire Condominium
Proj ect.
34.3 Except as may be otherwise provided by
the provisions of such Supplement(s) to this Declaration,
all of the provisions contained in this Declaration shall be
applicable to such additional condominium units submitted to
this Condominium Project.
34.4 The common expenses of each separate
building complex shall be kept and maintained separately,
and such separate common expenses shall be the expense of
(only) those owners within each separate building complex.
The expenses for maintenance, repairs and/or operation of
those items or facilities which are intended for common use
shall be the expense of all of the owners of the entire
project. Such expenses shall be divided equally among all
of the condominium unit owners in the entire project based
upon the total number of units in the entire project.
34.5 The insurance coverage referred to in
paragraph 23 shall be in the form of a policy(ies) covering
all of the improvements in the entire condominium project.
In order to assess that portion of the premium attributable
to each of the separate buildings, the Insurance Trustee
shall request and obtain from the insurance agent or
underwriter a written memorandum of premium cost which shall
identify the premium cost to each separate building. The
owners within each such separate building shall pay the
premiums attributable to their separate building according
to the assigned percentage interest in the general Common
Elements appurtenant to each Unit. Further reference is
made to those provisions of paragraph 23 which relate to the
payment of insurance settlement proceeds to the condominium
unit owners under the conditions therein provided. A
condominium unit owner shall be entitled to share (only) in
the insurance settlement proceeds which are atrributable to
the building within which his condominium unit is located,
and such share of said proceeds shall be based upon the
assigned percentage interest in and to the general Common
Elements appurtenant to his Unit.
34.6 Notwithstanding the provisions herein
contained relating to enlargement of this project,
Declarant's reservations shall not obligate Declarant nor
create a duty to in any way enlarge this Condominium
Project.
35. General.
35.1 If any of the prov~s~ons of this Declaration
or any paragraph, sentence, clause, phrase or word, or the
application thereof in any circumstance be invalidated, such
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invalidity shall not affect the validity of the remainder of
the Declaration, and the application of any such provision,
paragraph, sentence, clause, phrase or word in any other
circumstances shall not be affected thereby.
35.2 The provisions of this Declaration shall be
in addition to and supplemental to the Condominium Ownership
Act of the State of Colorado and to all other provisions of
law.
35.3 Whenever used herein. unless the context
shall otherwise provide, the singular number shall include
the plural, the plural the singular, and the use of any
gender shall include all genders.
35.4 The provisions of this Declaration shall be
liberally construed to effectuate its purpose.
35.5 The sale or lease of a Condominium Unit shall
be subject to the covenants, restrictions and requirements
contained in this Declaration and the Bylaws, but there are
no rights of first refusal on sale.
IN WITNESS WHEREOF, Declarant has duly executed
this Declaration this day of , 1984.
Declarant:
RESORT INVESTMENT
CORPORATION, a Delaware
corporation
(SEAL)
By:
. President
ATTEST:
. Secretary
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before
me this day of , 1984, by
as President and
, as Secretary of Resort
Investment Corporation, a Delaware corporation..
Witness my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT A
First Amended Condominium Declaration for
THE ASPEN SKI LODGE CONDOMINIUMS
Lots E, F, G, H and I, Block 59, City and
Townsite of Aspen, Pitkin County, Colorado
~.'" .....
EXHIBIT B
CONDOMINIUM DECLARATION FOR
THE ASPEN SKI LODGE CONDOMINIUMS
Appurtenant Undivided
Interest in General
Unit Building Designation Common Elements
3 Aspen Ski Lodge 1/59
4 Aspen Ski Lodge 1/59
5 Aspen Ski Lodge 1/59
6 Aspen Ski Lodge 1/59
7 Aspen Ski Lodge 1/59
8 Aspen Ski Lodge 1/59
9 Aspen Ski Lodge 1/59
10
(employee unit) Aspen Ski Lodge 1/59
13 Aspen Ski Lodge 1/59
14 Aspen Ski Lodge 1/59
15 Aspen Ski Lodge 1/59
16 Aspen Ski Lodge 1/59
17 Aspen Ski Lodge 1/59
18 Aspen Ski Lodge 1/59
19 Aspen Ski Lodge 1/59
20 Aspen Ski Lodge 1/59
21 Aspen Ski Lodge 1/59
22 Aspen Ski Lodge 2/59
23 Aspen Ski Lodge 2/59
24 Aspen Ski Lodge 2/59
29 Aspen Ski Lodge 2/59
30 Aspen Ski Lodge 2/59
31 Aspen Ski Lodge 2/59
32 Aspen Ski Lodge 2/59
33 Aspen Ski Lodge 2/59
34 Aspen Ski Lodge 2/59
1 Aspen Ski Lodge 3/59
") Aspen Ski Lodge 3/59
4
11 Aspen Ski Lodge 3/59
12 Aspen Ski Lodge 3/59
25 Aspen Ski Lodge 3/59
26 Aspen Ski Lodge 3/59
27 Aspen Ski Lodge 3/59
28 Aspen Ski Lodge 3/59
#'_.,
EXHIBIT C
"
#"
STATE OF COLORADO
COUNTY OF PITKIN
TELEVISION LEASE AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1983, by and between CAPITAL TELECOMMUNICATIONS
CORPORATION (hereinafter referred to as "Capital"), and MOLLY
GIBSON UNIT OWNER'S ASSOCIATION, on behalf of itself and each and
every Unit Owner thereof (hereinafter referred to as "Lessee").
WIT N E SSE T H :
Capital and Lessee do hereby mutually agree as follows:
1. Capital will furnish and lease unto Lessee, and Lessee
does hereby lease from Capital, for the term and under the terms
and conditions herein set forth, the number and type of television
sets and/or equipment herein specified. Said equipment shall be
delivered by Capital (with the exception of conduit which is to be
supplied by Lessee at its expense), in rooms located upon premises
owned or leased or otherwise lawfully operated by Lessee located
in MOLLY GIBSON, a condominium, (the "Condominium"), County of
Grand, State of Colorado. Capital shall not be liable for delay
in, or failure to make, delivery of equipment or installation
caused by circumstances beyond its reasonable control, including,
but not limited to, acts of God, fire, flood, wars, accidents,
labor or different contingencies. The number and types of
television sets and/or equipment leased under the terms hereof are
as follows and are the model, type and design selected by the
Lessee as suitable, in its jUdgment, for lessee's purpose.
(a) One (1) 19-inch-Solid State Television for each
residential Unit included in the Condominium;
(b) One locking furniture swivel for each television
set so provided; and
(c) Cable, antenna systems, distribution equipment
and amplification equipment for signal distribution.
All equipment to be prepaid by Capital.
2. SERVICE: Capital shall keep and maintain, or cause to
be kept and maintained, at its sole expense, said leased equipment
in good operating order, condition and repair during the full term
hereof except for damage to or repair to such equipment as might
be made necessary by the negligent acts or omissions of the
Lessee, its agents and/or employees. Capital shall promptly
replace any defective set or injured part or parts thereof;
provided, however, that in the event replacement of any defective
set or sets shall occur, such substituted equipment shall be
subject to all the terms hereof.
It is the obligation of the Lessee to notify Capital
of any deficiency in service as rendered by Reception or its
service representative. Capital shall not be liable to Lessee for
any loss, damage or expense of any kind or nature directly or
indirectly caused by the television equipment covered hereby, or
because of any failure thereof, or because of any interruption of
service or loss of use or for any loss of business or damage
whatsoever or howsoever caused, and Capital shall in no event be
liable for any special or consequential damages. Lessee further
agrees there shall be no abatement of rental during the time that
may be required for repair, adjustment, servicing or replacement
of equipment covered hereby.
CONDOMINIUM DECLARATION FOR
THE ASPEN SKI LODGE CONDOMINIUMS
'-
3. NON-ASSIGNMENT OF LEASE: The equipment leased
hereunder shall not be transferred, delivered or sublet to any
other person, firm or corporation, and this agreement shall not be
assigned by Lessee except upon prior written consent of Capital.
4. LOCATION: Lessee shall not remove said equipment or
any part thereof from the premises where installed nor sellar
encumber any of said leased equipment. Lessee further agrees to
make no alteration in or repairs to said equipment except through
the authorized service representative of Capital.
5. TERM: The term hereof Shall be for a period of on~
hundred twenty (120) months beginning on the date of the
completion of the delivery of the equipment on the premises of
Lessee, said date to be confirmed in writing by Lessee upon
request of Capital.
6. RENT PAYMENTS: As rental for said equipment, Lessee
shall pay to Capital, at Columbia, South Carolina, during the full
term hereof, the sum of Dollars per set delivered
per month as "Base Rental" plus tax. Upon each anniversary from
the date of this agreement during the term of this agreement and
any renewals hereof, the Base Rental may be adjusted by Capital in
accordance with and by the same percentage as the percentage
change in the cost of living index shown by the Consumer Price
Index (or similar government index) for the proceeding twelve
month period, whichever is less; provided, further, in no event
shall the Base Rental during the term of this agreement and any
renewals hereof ever be less than $13.00 (plus tax) per month.
Base Rental payments plus tax are due on or before the first day
of the month, the first of which shall be due on or before the
first day of the month following the delivery of equipment. In
the event that Lessee requests partial delivery of equipment,
Lessee agrees to pay billing on an interim basis, with such
billing based on rates for equipment in use, and upon completion
of delivery, the full term of this lease shall commence.
7. OWNERSHIP: The equipment, together with wiring,
reception and distribution facilities, leased under the terms
hereof shall at all times be the sole property of Capital, its
successors and assigns, and Lessee shall have no property interest
therein, except under any conditions herein contained. Said
equipment shall remain personal property and, no matter how
connected with or attached to the premises of Lessee, will not
become a part of the realty or fixtures therein, and Lessee, if so
requested by Capital, will obtain written consent of any other
party holding a mortgage, encumbrance or lien on the premises of
Lessee, or of any purchaser of the premises of Lessee in the event
of sale of same, that said equipment shall remain personal
property. Lessee shall not at any time during the term hereof
transfer, assign, mortgage or otherwise encumber any interest in
said personal property.
8. DELIVERY: Should LeSsee and/or his agent order
delivery of equipment and installation on specified dates and the
Lessee's premises are not ready for installation of same, Lessee
assumes full responsibiity for storage, insurance and any
redelivery charges on equipment.
9. INSPECTION: Lessee grants unto Capital the right to
inspect said equipment at all reasonable times during the full
term hereof.
10. INDEMNITY: Lessee shall be responsible to all third
parties, including paying guests, for any injury received as a
result of the installation of said television sets in or about the
premises of Lessee and shall carry public liability insurance to
save Capital harmless in the event of such injury, except such
personal injury or property damage as may be occasioned solely by
negligent acts or omissions of agents or employees of Capital.
11. INSURANCE: Capital agrees during the term of this
lease to replace or repair any of its equipment, including
television sets in guest rooms, which is stolen, burglarized,
damaged by fire or maliciously damaged while on the premises of
Lessee, excepting television sets or equipment in storage awaiting
use of service, providing, however: (a) Lessee reports within 48
hours of occurrence any such loss or damage to Capital and to
local law enforcement authorities--notice of loss to be sent to
Capital by Certified Maill (b) Lessee furnishes in such report all
available information regarding such loss, including name and
address of last occupant of room and room number in which loss
occurred (if applicable), auto license number and other pertinent
information which would assist in recovery of loss; (c) Lessee and
its employees, agents and representatives cooperate fully with
Capital and local law enforcement authorities in their subsequent
efforts to effect recovery and prosecution if necessary. LeSsee
agrees to notify Capital immediately in the event of subsequent
recovery of property covered by any and all loss reports.
Lessee agrees at all times to maintain and exercise
due care, caution and watchfulness in the protection and
accounting for the equipment under lease. Failure to cooperate in
providing such care, caution and watchfulness shall make the terms
and provisions of Item 11 "INSURANCE" null and void and LeSsee
shall be responsible for the replacement of and/or repair to
equipment for which such insurance is provided.
In the event loss or damage proves to have been caused
by employees, agents or representatives of Lessee, or if Lessee
fails to comply with (a), (b) or (c) above, it shall be the
responsibility of the Lessee to pay Capital for its cost of
replacement or repair of Capital's equipment involved in such
loss. In the event that service by Capital is not included in
this agreement, Lessee agrees to maintain the theft equipment
installed hereunder; otherwise, theft and burglary insurance will
be null and void in the event of any losses while the equipment is
inoperative.
12. TAXES: Lessee agrees to be responsible for the
collection and payment of any local, state and federal fees,
sales, use or property taxes or penalties that may be applicable
now or any time during the term of this lease to the property
covered hereby or the use or rental thereof.
13. RENEWAL: At the expiration of the term hereof, this
lease agreement shall be automatically renewed for additional
terms of two (2) years, unless either party hereto should give
written notice to the other party hereto at least sixty (60) days
prior to the expiration of the term hereof, or at least sixty (60)
days prior to the expiration of any additional term of two (2)
years thereafter, of the desire of such party to terminate this
agreement.
14. DEFAULT: In the event that any payment of rental
shall have become due as herein provided and shall remain unpaid
for ten (10) days, or in the event of any other breach of the
terms or conditions of this lease by Lessee, which breach shall
not have been cured within ten (10) days after notice thereof by
mail postage prepaid to Lessee's last known address, or should
LeSSee be adjudged as bankrupt or there be filed against LeSsee a
petition under the bankruptcy laws, or if any inSOlvency
proceeding is initiated by or against Lessee, or if any equipment
covered hereby is attached, seized or taken under any judicial
process, all of the entire remaining unpaid rental payments shall,
at the option of Capital, become immediately due and payable. If
Lessee does not (a) pay the entire remaining rental payments under
the lease or (b) cure its breach of the provisions of this lease,
then and in that event Capital shall have the right, without
giving further notice to Lessee, to remove the property thereby
without liability and Lessee shall forthwith pay any and all
damages, including attorneys' fees, suffered by Capital. Further,
in the event of non-payment, Capital shall be, and hereby is,
subrogated to the lien rights of the Condominium as to each Unit
Owner failing to pay his share of Common Expenses necessary to
make the rental payments herein required to the extent of the
amount(s) due and owing to Capital, but unpaid, which shall
include the right to file notice of and perfect a lien(s) against
such Unit Owner(s) as granted to Lessee by the North Carolina
Unit Ownership Act; PROVIDED, HOWEVER, such right and any lien
filed thereunder shall be subordinate in lien and interest
recorded prior to the recording of such notice of lien.
Lessee agrees to pay late charges of five ($.05) cents
per dollar in addition to the regular monthly payment or
installment if payments hereunder are not made within ten (10)
days after due date, but not exceeding One Hundred and No/IOO
($100.00) Dollars, or the lawful maximum, if any. Capital's
failure to exercise a right or remedy under this lease or to
require strict performance by the Lessee or any provision of this
lease shall not waive or diminiSh Capital's right thereafter to
demand strict compliance with any such right or provision or with
any other rights or provisions. Waiver by Capital of any default
by the Lessee shall not constitute waiver of any other or
subsequent default.
15. SURRENDER: Upon expiration of this lease, Lessee
shall remove the leased equipment from the premises referred to
herein and surrender such equipment in good operating condition to
Capital or its assignee and if the Lessee fails to so remove and
surrender the leased equipment, Capital shall have the right to
enter any premises where the leased equipment may be located and
take possession and remove all such equipment either with or
without permission and without prejudice to any other rights or
remedies of Capital.
If Capital determines, upon termination or expiration
of the lease agreement, that, as a result of causes other than its
failure to provide service as expressly required herein, the
equipment covered hereby is not in good operating condition,
reasonable wear and tear excepted, the Lessee shall upon demand by
Capital either: (a) restore the equipment in good operating
condition at its sole expense or (b) reimburse Capital for the
reasonable expense of so restoring the equipment.
16. Should the equipment leased herein be covered by a
Conditional Sales Contract, Chattel Mortgage or Security Agreement
on which Capital is the purchaser or obligor, it is understood and
agreed that this lease is subject and subordinate to the terms and
conditions of said Conditional Sales Contract, Chattel Mortgage or
Security Agreement.
17. NOTICE: Any notice required to be given by one party
hereto to the other party hereto shall be in writing and sent by
Certified Mail, addressed, postage prepaid, to the mailing address
which shall be provided by the other party.
18. AMENDMENTS: This agreement constitutes the entire and
only agreement between the parties with respect to leasing the
equipment covered hereby and any representation, promise or
conditions with respect to said leasing not set forth in this
agreement or such amendments as may be accepted in writing by the
designated officers of either party, shall not be binding on
either party.
19. COLORADO LAW: Should any question arise as to the
validity, construction, interpretation or performance of this
lease agreement in any court of any State of the United States, or
of Canada, it is agreed that the laws of the State of Colorado
shall govern without reference to the place of execution or
performance of same.
The invalidity of any prOV1Slon of this agreement
shall not affect the validity of any other provision hereof.
agreement and any amendment hereto shall become binding upon
parties hereto when executed by a duly authorized officer or
of Lessee.
This
the
~~t
20. EASEMENTS: Lessee on behalf of itself and each and
every of the Unit Owners does hereby grant to Capital during the
term hereof and any renewals each and every such easement through,
over, ,under and across the Submitted Property, the structures on
and to be located thereon, including individual Units, as may be
necessary and/or appropriate, for the' purposes of location,
installation, maintenance and service of the cable, antenna
systems, distribution equipment and amplification equipment herein
leased, as well as the locking furniture swivels and television
sets.
21. ASSIGNS: All rights, remedies and powers reserved or
given to Capital shall inure to the benefit of Capital's assigns.
22. INTERIM BILLING: Lessee shall be billed per terms
herein on the first day of the month following delivery of each
television increment, and when units are delivered, the 120-month
lease term will commence.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
SIGNED, SEALED & DELIVERED
In The Presence Of:
MOLLY GIBSON
UNIT OWNER'S ASSOCIATION
By_
CAPITAL TELECOMMUNICATIONS
CORPORATION
By_
EXHIBIT D
STATE OF COLORADO
COUNTY OF PITKIN
TELEPHONE LEASE AGREEMENT
THIS AGREEMENT, made and entered into as of the day
of , 19 , by and between CAPITAL TELECOMMUNICATIONS
CORPORATION (hereinafter referred to as "Capital"), and MOLLY
GIBSON UNIT OWNER'S ASSOCIATION, on behalf of itself and each and
every Unit Owner thereof (hereinafter referred to as "Lessee").
WIT N E SSE T H :
Capital and Lessee do hereby mutually agree as follows:
1. Capital will furnish and lease unto Lessee, and Lessee
does hereby lease from Capital, for the term and under the terms
and conditions herein set forth, the telephones and equipment
herein specified. Said equipment shall be delivered by Capital
(with the exception of conduit which is to be Supplied by Lessee
at its expense), upon premises and in Units located upon said
premises owned or leased or otherwise lawfUlly operated by Lessee
located in MOLLY GIBSON, a condominium (the "Condominium"),
located in the County of Pitkin, State of Colorado. Capital shall
not be liable for delay in, or failure to make, delivery of
equipment or installation caused by circumstances beyond its
reasonable control, inClUding, but not limited to, acts of God,
Eire, flood, wars, accidents, labor or different contingencies.
The number and types of telephone sets and equipment leased and
installed under the terms hereof are as follows and are the model,
type and design selected by Lessee as suitable, in its judgment,
for lessee's purpose.
(a) One (1) touch tone telephone for each residential
Unit included in the Condominium mounted upon suitable bracket;
(b) Non-exclusive use of one (1) central PBX system
providing limited message forwarding and security; and
(c) Cable and distribution equipment.
2. SERVICE: Capital shall keep and maintain, or cause to
be kept and maintained, at its sole expense, said leased equipment
in good operating order, condition and repair during the full term
hereof except for damage to or repair to such equipment as might
be made necessary by the negligent acts or omissions of the
Lessee, its agents and/or employees. Capital Shall promptly
replace any defective set or injured part or parts thereof;
provided, however, that in the event replacement of any defective
telephone set or sets shall occur, such substituted equipment
shall be subject to all the terms hereof.
It is the obligation of the Lessee to notify Capital
of any deficiency in service as rendered by Capital or its
representative(s). Capital shall not be liable to Lessee for any
loss, damage or expense of any kind or nature directly or
indirectly caused by the telephone sets or equipment covered
hereby, or because of any failure thereof, or because of any
interruption of service or loss of use or for any loss of business
or damage whatsoever or howsoever caused, and Capital Shall in no
event be liable for any special or consequential damages. Lessee
further agrees there shall be no abatement of rental during the
time that may be required for repair, adjustment, servicing or
replacement of equipment covered hereby.
3. NON-ASSIGNMENT OF LEASE: The equipment leased
hereunder shall not be transferred, delivered or sublet to any
other person, firm or corporation, and this agreement Shall not be
assigned by Lessee except upon prior written consent of Capital.
CONDOMINIUM DECLARATION FOR
THE ASPEN SKI LODGE CONDOMINIUMS
4. LOCATION: Lessee shall not remove said equipment or
any part thereof from the premises where installed nor sellar
encumber any of said leased equipment. Lessee further agrees to
make no alteration in or repairs to said equipment except through
the authorized service representative of Capital.
5. TERM: The term hereof shall be for a period of one
hundred twenty (120) months beginning on the date of the
comoletion of the delivery of the equipment on the premises of
Lessee, said date to be confirmed in writing by Lessee upon
request of Capital.
6. RENT PAYMENTS: Lessee shall pay to Lessor an
installation fee of Fifty ($50.00) Dollars per Unit in which a
telephone set is installed. In addition to the Fifty ($50.00)
Dollar installation fee per Unit, as rental for said equipment
LeSsee shall pay to Capital, at Columbia, South CarOlina, during
the full term hereof, the sum of ()
Dollars per telephone set delivered per month as "Base Rental"
plus applicable taxes. Upon each anniversary from the date of
this agreement during the term of this agreement and any renewals
hereof, the Base Rental may be adjusted by Capital in accordance
with and by the same percentage as the percentage change in the
cost of living index shown by the Consumer Price Index (or similar
government index) for the proceeding twelve month period,
whichever is less; provided, further, in no event shall the Base
Rental during the term of this agreement and any renewals hereof
ever be less than $15.00 (plus applicable taxes) per month. Base
Rental payments plus tax are due on or before the first day of the
month, the first of which shall be due on or before the first day
of the month following the delivery of equipment. In the event
that Lessee requests partial delivery of equipment, Lessee agrees
to pay billing on an interim basis, with such billing shall be
based on rates for equipment in use, and upon completion of
delivery, the full term of this lease shall commence. The rent
charged herewith shall include local telephone service but not
charges for long distance service, which shall be in addition to
the base rental charge, if available.
7. OWNERSHIP: The equipment, together with PBX switch-
board wiring, reception and distribution facilities, leased under
the terms hereof shall at all times be the sole property of
Capital, its successors and assigns, and Lessee shall have no
property interest therein, except under any conditions herein
contained. Said equipment shall remain personal property and, no
matter how connected with or attached to the premises of Lessee,
will not become a part of the realty or fixtures therein, and
Lessee, if so requested by Capital, will obtain written consent of
any other party holding a mortgage, encumbrance or lien on the
premises of Lessee, or of any purchaser of the premises of LeSsee
in the event of sale of same, that said equipment shall remain
personal property. Lessee shall not at any time during the term
hereof transfer, assign, mortgage or otherwise encumber any
interest in said personal property.
8. DELIVERY: Should LeSsee and/or his agent order
delivery of equipment and installation on specified dates and the
Lessee's premises are not ready for installation of same, Lessee
assumes full responsibiity for storage, insurance and any
redelivery charges on equipment.
9. INSPECTION: Lessee grants unto Capital the right to
inspect said equipment at all reasonable times during the full
term hereof.
10. INDEMNITY: Lessee shall be responsible to all third
parties, including paying guests, for any injury received as a
result of the installation of said telephone sets and system in or
about the premises of Lessee and shall carry public liability
insurance to save Capital harmless in the event of such injury,
.
except such personal injury or property damage as may be
occasioned solely by neglig~nt acts or omissions of agents or
employees of Capital. >
11. INSURANCE: Capital agrees during the term of this
lease to replace or repair any of its equipment, including
telephone sets in Units, which is stolen, burglarized, damaged by
fi~e or maliciously damaged while on the premises of Lessee,
excepting telephone sets or equipment in storage awaiting use of
service, providing, however: (a) Lessee reports within 48 hours
of occu~rence any such loss or damage to Capital and to local law
enfo~cement authorities--notice of loss to be sent to Capital by
Ce~tified Mail; (b) Lessee furnishes in such report all available
information regarding such loss, including name and address of
last occupant of room and room number in which loss occurred (if
applicable), auto license number and other pertinent information
which would assist in recovery of loss; (c) Lessee and its
employees, agents and representatives cooperate fUlly with Capital
and local law enforcement authorities in their SUbsequent efforts
to effect recovery and prosecution if necessary. Lessee agrees to
notify Capital immediately in the event of subsequent recovery of
property covered by any and all loss reports.
Lessee agrees at all times to maintain and exercise
due care, caution and watchfulness in the protection and
accounting for the equipment under lease. Failure to cooperate in
providing such care, caution and watchfulness shall make the terms
and provisions of Item 11 "INSURANCE" null and void and Lessee
shall be responsible for the replacement of and/or repair to
equipment for which such insurance is provided.
In the event loss or damage proves to have been caused
by employees, agents or representatives of Lessee, or if Lessee
fails to comply with (a), (b) or (c) above, it shall be the
responsibility of the Lessee to pay Capital for its cost of
replacement or repair of Capital's equipment involved in such
loss. In the event that service by Capital is not included in
this agreement, Lessee agrees to maintain the theft equipment
installed hereunder; otherwise, theft and burglary insurance will
be null and void in the event of any losses while the equipment is
inoperative.
12. TAXES: Lessee agrees to be responsible for the
collection and payment of any local, state and federal fees,
sales, use or property taxes or penalties that may be applicable
now or any time during the term of this lease to the property
covered hereby or the use or rental thereof.
13. RENEWAL: At the expiration of the term hereof, this
lease agreement shall be automatically renewed for additional
terms of two (2) years, unless either party hereto should give
written notice to the other party hereto at least sixty (60) days
prior to the expiration of the term hereof, or at least sixty (60)
days prior to the expiration of any additional term of two (2)
years thereafter, of the desire of such party to terminate this
ag reemen t.
14. DEFAULT: In the event that any payment of rental
Shall have become due as herein provided and shall remain unpaid
for ten (10) days, or in the event of any other breach of the
terms or conditions of this lease by Lessee, which breach shall
not have been cured within ten (10) days after notice thereof by
mail postage prepaid to Lessee's last known address, or should
LeSsee be adjudged as bankrupt or there be filed against Lessee a
petition under the bankruptcy laws, or if any insolvency
proceeding is initiated by or against Lessee, or if any equipment
covered hereby is attached, seized or taken under any judicial
process, all of the entire remaining unpaid rental payments shall,
at the option of Capital, become immediately due and payable. If
Lessee does not (a) pay the entire remaining rental payments under
the lease or (b) cure its breach of the provisions of this lease,
. ,
then and in that event Capital shall have the right, without
giving further notice to Lessee, to remove the property thereby
without liability and Lessee shall forthwith pay any and all
damages, including attorneys' fees, suffered by Capital. Further,
in the event of non-payment, Capital shall be, and hereby is,
subrogated to the lien rights of the Condominium as to each Unit
Owner failing to pay his share of Common Expenses necessary to
make the rental payments herein required to the extent of the
amount(s) due and owing to Capital, but unpaid, which shall
include the right to file notice of and perfect a lien(s) against
such Unit Owner(s) as granted to Lessee by the North Carolina
Unit Ownership Act; PROVIDED, HOWEVER, such right and any lien
filed thereunder shall be subordinate in lien and interest
recorded prior to the recording of such notice of lien.
Lessee agrees to pay late charges of five ($.05) cents
per dollar in addition to the regular monthly payment or
installment if payments hereunder are not made within ten (10)
days after due date, but not exceeding One Hundred and No/IOO
($100.00) Dollars, or the lawful maximum, if any. Capital's
failure to exercise a right or remedy under this lease or to
require strict performance by the Lessee or any provision of this
lease shall not waive or diminish Capital's right thereafter to
demand strict compliance with any such right or provision or with
any other rights or provisions. Waiver by Capital of any default
by the Lessee shall not constitute waiver of any other or
subsequent default.
15. SURRENDER: Upon expiration of this lease, LeSsee
shall remove the leased equipment from the premises referred to
herein and surrender Such equipment in good operating condition to
Capital or its assignee and if the Lessee fails to so remove and
surrender the leased equipment, Capital shall have the right to
enter any premises where the leased equipment may be located and
take possession and remove all Such equipment either with or
without permission and without prejudice to any other rights or
remedies of Capital.
If Capital determines, upon termination or expiration
of the lease agreement, that, as a result of caUSes other than its
failure to provide service as expressly required herein, the
equipment covered hereby is not in good operating condition,
reasonable wear and tear excepted, the Lessee shall upon demand by
Capital either: (a) restore the equipment in good operating
condition at its sole expense or (b) reimburse Capital for the
reasonable expense of so restoring the equipment.
16. Should the equipment leased herein be covered by a
Conditional Sales Contract, Chattel Mortgage or Security Agreement
on which Capital is the purchaser or obligor, it is understood and
agreed that this lease is subject and subordinate to the terms and
conditions of said Conditional Sales Contract, Chattel Mortgage or
Security Agreement.
17. NOTICE: Any notice required to be given by one party
hereto to the other party hereto shall be in writing and sent by
Certified Mail, addressed, postage prepaid, to the mailing address
which shall be provided by the other party.
18. AMENDMENTS: This agreement constitutes the entire and
only agreement between the parties with respect to leasing the
equipment covered hereby and any representation, promise or
conditions with respect to said leasing not set forth in this
agreement or such amendments as may be accepted in writing by the
designated officers of either party, shall not be binding on
either party.
.
,
19. COLORADO LAW: Should any question arise as to the
validity, construction, interpretation or performance of this
lease agreement in any court of any State of the United States, or
of Canada, it is agreed that the laws of the State of Colorado
shall govern without reference to the place of execution or
performance of same.
The invalidity of any provision of this agreement
Shall not affect the validity of any other provision hereof. This
agreement and any amendment hereto shall become binding upon the
parties hereto when executed by a duly authorized officer or agent
of Lessee.
20. EASEMENTS: Lessee on behalf of itself and each and
every of the Unit Owners does hereby grant to Capital during the
term hereof and any renewals each and every such easement through,
over, under and across the Submitted Property, the structures on
and to be located thereon, including individual Units, as may be
necessary and/or appropriate, for the purposes of location,
installation, maintenance and service of the cable, transmission
and distribution equipment and switchboard and PBX equipment
herein leased, as well as the telephone sets and mounting
brackets; and in addition thereto, to provide electricity and such
other utility services to Capital as may be necessary to operate
Capital's equipment leased hereby, at such locations upon the
premises as are required by Capital, and at no cost to Capital.
21. ASSIGNS: All rights, remedies and powers reserved or
given to Capital shall inure to the benefit of Capital's assigns.
22. INTERIM BILLING: Lessee shall be billed per terms
herein on the first day of the month following delivery of each
telephone set increment, and when all sets are delivered, the
120-month lease term will commence.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
SIGNED, SEALED & DELIVERED
In The Presence Of:
MOLLY GIBSON
UNIT OWNER'S ASSOCIATION
By
Its
CAPITAL TELECOMMUNICATIONS
CORPORATION
By
Its
,..,.-
FIRST SUPPLEMENT TO FIRST AMENDED CONDOMINIUM
DECLARATION FOR THE ASPEN SKI LODGE CONDOMINIUMS
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS THAT:
WHEREAS, RESORT INVESTMENT CORPORATION, a Delaware
Corporation. hereinafter called "Declarant", caused to be
recorded the First Amended Condominium Declaration for the
Aspen Ski Lodge Condominiums in Book at
Page of the real property records in Pitkin County,
Colorado; and
WHEREAS. the provisions of paragraph 34 of the
recorded First Amended Declaration reserve to Declarant the
right to enlarge this condominium proj ect by submitting
thereto adjoining real property, such addition to this
condominium project to be expressed in and by a supplement to
said First Amended Declaration and a supplement to the
Condominium Map; and
WHEREAS, Declarant does hereby submit to this
condominium project additional improvements and real property
hereinafter described;
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations
shall be deemed to run with the land, shall be a burden and a
benefit to Declarant, it's successors or assigns, and any
person or entity acquiring or owning an interest in the real
property and improvements, their grantees, heirs, executors,
administrators, devisees, successors or assigns.
1. Division of Property into Condominium Units.
The real property described in Exhibit A and the improvements
thereon are 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 in Exhibit B annexed hereto and by this reference made
a part hereof. Each such unit shall be identified on the
supplement to the Condominium Map by number and building as
shown on Exhibit B.
1.1 Declarant reserves the right to itself,
its grantees, successors or assigns to: (i) physically
combine the space within on unit with the space with one or
more adjoining units; (ii) combine a part of or combination
of parts of the space within one unit with part or parts of
the space within one or more adjoining units; or, (iii)
divide into separate units the space of one unit. Any such
physical changes to units shall be reflected by an amendment
to Exhibit B and the supplement to the Condominium Map, which
amendments shall set forth the reapportioned undivided
interests of the affected units; provided, however, that no
such physical changes shall be made without the written
consent of the mortgagee(s) of the affected unit(s); and
provided, further, that the cost and expense incurred for
legal, architecture or engineering fees relative. to
preparation or such amendment shall be born by that person
requesting such physical change to the unites).
2. Limited Common Elements. A portion of the
general common elements is reserved for the exclusive use of
the individual owners of the respective units, and such areas
are referred to as "limited common elements". The limited
common elements so reserved shall be identified on the
supplement to the Condominium Map. (Any patio, balcony or
deck which is accessible only from within, associated only
with and which adjoins a single unit shall, without further
reference thereto, be used in connection with such unit to
the exclusion of the use thereof by the other owners of the
general common elements, except by invitation.) All of the
owners of condominium units in this condominium project shall
have a nonexclusive right in common with all of the other
owners to the use of sidewalks, pathways, driveways, streets
and other facilities and improvements intended for common use
located within the entire condominium project. No reference
thereto, whether such limited common elements are exclusive
or non-exclusive, need to be made in any deed, instrument of
conveyance or other instrument.
3. Supplement to Condominium Map. The supplement
to the Condominium Map depicting the locat~on of each unit,
both horizontally and vertically, together with the
engineering and other data as is provided by the provisions
of paragraph 2 of the recorded First Amended Declaration
shall be filed for record prior to the conveyance of the
condominium units shown thereon. All of the provisions of
paragraph 2 of the recorded First Amended Declaration are
incorporated herein by this reference.
4. Description of Condominium Unit. Every
contract for the sale of a condominium unit which is
described in this First Supplement and every other instrument
affecting title to any such condominium unit may describe
that condominium. unit by the unit number and building
designation shown on the supplement to the Condominium Map
appearing in the records of the County Clerk and Recorder of
Pitkin County, Colorado, in the following fashion:
Condominium Unit ,Aspen Ski Lodge
Building II, THE ASPEN'SKI LODGE CONDOMINIUMS,
according to the First Amended Declaration
recorded on , 1984, in Book
at Page and the First Supplement to
Declaration rE;COrded on ,
1984, in Book at Page and the First
Supplemental Condominium Map appearing in the
records of the County Clerk and Recorder of
Pitkin County, Colorado in Book at
Page
Such description will be construed to describe the
unit, together with the appurtenant undivided interest in the
common elements, and to incorporate all the rights incident
to ownership of a condominium unit and all the limitations on
such ownership as described in the First Amended Declaration
and this First Supplement to Declaration and any amendments
hereto.
5. Revocation or Amendment to First Amended
Declaration and First Supplement. The First Amended
Declaration and this First Supplement thereto shall not be
revoked unless all of the owners and all of the holders of
any recorded first mortgage or deed of trust covering or
affecting any or all of the condominium units unanimously
consent and agree to such revocation by instrument(s) duly
recorded. The First Amended Declaration and this First
Supplement thereto shall not be amended unless the owners
representing an aggregate ownership interest of seventy-five
percent (757.), or more, of the general common elements within
the project, unless a different percentage for the amendment
of a specific provision is provided, in which case that
provision shall govern, and all of the holders of any
-2-
recorded first mortgage or deed of trust covering or
affecting any or all condominium units consent and agree to
such amendment, which consent shall not be unreasonably
withheld, by instrument(s) duly recorded; provided, however,
that the percentage of the undivided interest in the general
common elements appurtenant to each unit shall have a
permanent character and shall not be altered, except as a
result of expansion of the project if otherwise permitted
herein, in which event the percentage of the undivided
interest in the general common elements shall be computed in
the same manner as originally computed in the First Amended
Declaration and this First Supplement thereto, without the
consent of all of the unit owners expressed in an amended
declaration duly recorded.
6. 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. Notwithstanding any other
provisions herein, so long as the Declarant continues to own
any of the Units, the following provisions shall be deemed to
be in full force and effect, none of which shall be construed
so as to relieve the Declarant from any obligations as an
Owner to pay assessments as to each Unit owned by the
Declarant after the construction of said Unit has been
completed and it is included in the Condominium.
6.1 The Declarant shall have the right at any
time to sell, transfer, lease or re-let any residential
Uni t (s) which the Declarant continues to own after this
Declaration has been recorded, without regard to any
restrictions relating to the sale, transfer, lease or form of
lease of Units contained herein and without the consent or
approval of the Association or any other Owner being
required.
6.2 Without limiting the foregoing, the
Declarant shall have the power, but not the obligation,
acting alone, at any time (and from time to time) so long as
the Declarant owns at least one Unit to amend the Declaration
to cause the same to conform to the requirements of the
Federal National Mortgage Association and/or the Federal Loan
Mortgage Corporation, as set forth, respectively, in "FNMA
Conventional Home Mortgage Selling Contract Supplement" and
"Seller's Guide Conventional Mortgages," as the same may be
amended from time to time.
6.3 The Declarant shall have the rights: (i)
to use or grant the use of a portion of the Common Elements
for the purpose of aiding in the sale or rental of Units;
(ii) to use portions of the Condominium Project for parking
for prospective purchasers or lessees of Units and such other
parties as the Declarant determines; (iii) to erect and
display signs, billboards and placards and store and keep the
same on the Condominium Project; (iv) to distribute audio and
visual promotional material upon the Common Elements; and (v)
to use any Unit which it owns as a sales and/or rental
office, management office or laundry and maintenance
facility.
6.4 In order to provide the Condominium with,
among other things, adequate and uniform water service,
sewage disposal service, utility services and television
reception, the Declarant reserves the exclusive right to
contract for the provision of such services. The Declarant,
as agent for the Association and the Owners, has entered into
or may enter into arrangements, binding upon the Association
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and the Owners, with governmental authorities or private
entities for furnishing such services. The charges therefor
will be Common Expenses.
6.5 The Declarant reserves the right to enter
into, on behalf of and as agent for the Association and the
Owners, agreements with other Persons for the benefit of the
Condominium, the Association and the Owners. The provisions
of any such Agreement shall bind the Association and the
Owners. The Declarant, as agent for and on behalf of the
Association and the Unit Owners, has entered into an
agreement with Capital Telecommunications Corporation,
pursuant to which it will provide a color television set in
each Unit together with antenna television reception service
and maintenance and service therefor. This agreement, a copy
of which is attached as Exhibit C and incorporated herein by
reference is binding upon the Association and the Owners.
The fees for rental of such television sets and for such
services (initially $13.00 plus applicable taxes per Unit per
month) shall be Common Expenses. If the Association fails to
pay the amounts due under the agreement with Capital
Telecommunications Corporation, the latter, if it duly
performs its obligations under such agreement, shall be
subrogated to all rights of the Association as to Common
Expenses. The agreement with Capital Telecommunications
Corporation may be amended only by a written amendment
executed by the Board of Managers and Capital
Telecommunications Corporation. The Declarant has also
entered into an agreement with Capital Telecommunications
Corporation, pursuant to which it will provide a telephone in
each Unit tied to a central PBX system and maintenance and
service therefor. This agreement, a copy of which is
attached as Exhibit D and incorporated herein by reference,
is binding upon the Association and the Owners to the extent
allowed by law. The fees for rental of such telephone sets
and service ($50.00 installation fee plus service
charge plus applicable taxes per Unit per month) shall be
Common Expenses. The service charge may be escalated
pursuant to the increase in the Consumer Price Index on an
annual basis. If the Condominium fails to pay the amounts
due under the agreement with Capital Telecommunications
Corporation, the latter, if it duly performs its obligations
under such agreement, shall be subrogated to all rights of
the Association as to Common Expenses. The agreement with
Capital Telecommunications Corporation may be amended only by
a written amendment executed by the Board of Managers and
Capital Telecommunications corporation.
6.6 THE DECLARANT SPECIFICALLY DISCLAIMS ANY
INTENT TO HAVE MADE ANY WARRANTY(IES) OR REPRESENTATIONS(S)
IN CONNECTION WITH THE CONDOMINIUM PROJECT (INCLUDING ANY
HARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR USE OR
FITNESS FOR A PARTICULAR PURPOSE) OR THE DOCUMENTS
ESTABLISHING OR GOVERNING THE CONDOMINIUM, EXCEPT THOSE
WARRANTIES AND REPRESENTATIONS (IF ANY) EXPLICITLY SET FORTH
HEREIN. NO PERSON SHALL BE ENTITLED TO RELY UPON ANY
WARRANTY OR REPRESENTATION NOT EXPLICITLY SET FORTH HEREIN.
STATEMENTS (IF ANY) AS TO COMMON EXPENSES, TAXES, ASSESSMENTS
OR OTHER CHARGES MADE BY THE DECLARANT OR ANY REPRESENTATIVE
THEREOF ARE ESTIMATES ONLY AND NO WARRANTY, GUARANTEE OR
REPRESENTATION IS MADE THAT THE ACTUAL AMOUNT OF SUCH COMMON
EXPENSES, ASSESSMENTS OR OTHER CHARGES WILL CONFORM WITH SUCH
ESTIMATES.
7. Acce tance of Provisions of all Documents.
The conveyance or encum rance 0 a con om~n~um un~t s a be
deemed to include the acceptance of all of the provisions of
the First Amended Declaration, this First Supplement thereto,
the Articles of Incorporation and By-Laws of the Aspen Ski
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Lodge Condominium Association, and such Rules and Regulations
as may be in effect from time to time, and shall be binding
upon each grantee or encumbrancer without the necessity of
inclusion of such an express provision in the instrument of
conveyance.
8. General.
8.1 Except as is otherwise provided by the
provisions of the First Supplement to Declaration, all of the
provisions contained in the First Amended Declaration are
made a part of this First Supplement.
8.2 If any of the provisions of this First
Supplement to the First Amended Declaration or any paragraph,
sentence, clause, phrase or work, or the application thereof
in any circumstance be invalidated, such invalidity shall not
affect the validity of the remainder of this instrument, and
the application of any such provisions, paragraph, sentence,
clause, phrase or word in any other circumstances shall not
be affected thereby.
8.3 "Declarant" as used herein means the
named Declarant, its successors and assigns.
8.4 The provisions of this First Supplement
to the Declaration shall be in addition to and supplemental
to the Condominium Ownership Act of the State of Colorado and
to all other provisions of law.
8.5 That whenever used herein, unless the
context shall otherwise provide, singular number shall
include the plural, the plural the singular, and the use of
any gender shall include all genders.
8.6 Paragraph titles are for convenience of
reference and are not intended to limit, enlarge or change
the meaning of the contents of the various paragraphs.
IN WITNESS WHEREOF, Declarant has duly executed
this First Supplement to First Amended Condominium
Declaration this ____ day of , 1984.
Declarant:
(SEAL)
RESORT INVESTMENT CORPORATION,
a Delaware corporation
ATTEST:
By:
, President
, Secretary
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing
this day of
as President and
Investment Corporation,
instrument was acknowledged before me
, 1984, by
as Secretary of Resort
a Delaware corporation.
Witness my hand and official seal.
My commission expires:
Notary Public
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EXHIBIT A
First Supplement to First Amended
Condominium Declaration for
THE ASPEN SKI LODGE CONDOMINIUMS
Lots 0, P and Q, Block 59, City and
Townsite of Aspen, Pitkin County, Colorado
EXHIBIT B
FIRST SUPPLEMENT TO FIRST AMENDED CONDOMINIUM
DECLARATION FOR THE ASPEN SKI LODGE CONDOMINIUMS
Unit
Building Designation
Aspen Ski Lodge II
Appurtenant Undivided
Interest in General
Common Elements
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ARTICLES OF IN:ORPO~~TION
OF
THE ASPEN SKI LODGE CONDOMINIUM
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ii ation under the Colorado Non-Profit Corporation Act, signs and
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1'1 The name of the corporation shall be THE ASPEN SKI
II LODGE CONDOMINIUM ASSOCIATION, hereinafter called the
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"Association".
ARTICLE II
PURPOSE
The purpose for which the Association is organized
is to provide an entity pursuant to C.R.S. 1973, 38-33-101 et
as from time to time it is amended, supplemented or
succeeded, (hereinafter called the "Condominium Act") and
pursuant to C.R.S. 1973, 7-20-101, et ~, as from time to
time it is amended, supplemented or succeeded (hereinafter
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,. called "the property") a condominium .located on Lots E, F, G,
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'. H and I, Block 59, City and Townsite of Aspen, Pitkin County,
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Colorado.
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ARTICLE III
POl'lERS
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2. The Association shall have all of the powers and
duties set forth in the Condominium Act except as limited by
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these Articles and the Condominium Declaration (hereinafter
ca lIed the "Declaration") for the property and all of the
" powers and duties reasonably necessary to operate the Associa-
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tion as set forth in the Declaration and as it may be amended
from time to time, including but not limited to the following:
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2.1 To make and collect assessments against members
to defray the costs, expenses and losses of the Association.
2.2 To use the proceeds of assessments in the
exercise of its powers and duties.
2.3 To maintain, care for, repair, replace, and
operate the condominium property.
2.4 To purchase insurance upon the condominium
property and to provide protection for the Association and its
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members as provided by the Declaration.
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2.5 To reconstruct improvements after casualty
and to further improve the property.
2.6 To'make and amend reasonable rules and regu-
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lations respecting the use of the Association's property.
2.7 To enforce by legal means the provisions of the
Condominium Act, the Nonprofit Corporation Act, the Decla-
ration, these Articles, the By-Laws of the Association, and
the rules and regulations for the use of the condominium
property.
2.8 To contract for the management of the condo-
minium property and to delegate to such manager all powers and
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duties of the Association except as such are specifically
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required by the Declaration to have approval of the Board of
Managers or the membership of the Association.
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2.9 To contract for the management or operation of
portions of the common elements susceptible to separate
management or operation and to lease such portions.
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2.10 To employ personnel to perform the services
required for proper operation of the Association and of the
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condominium property.
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2.11 To collect delinquent assessments by suit or
Ii otherwise and to enjoin or seek damages from an owner as is
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2.12 To protect and defend in the name of the
II Association any part or all of the condominium project from
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provisions of the Declaration and By-Laws, and to execute all
such instruments (evidencing such indebtedness) deemed neces-
sary.
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II and powers of the Association.
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To execute contracts to carry out the duties
2.16
To engage in activities which may now or
II hereafter be allowed or permitted by law for a non-profit
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corporation to actively foster, promote and advance the common
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3.
All funds and the titles of all properties
acquired by the Association and the proceeds thereof shall be
held in trust for the members of the Association in accordance
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the ByLaws of the Association.
4.
The powers of the Association shall be subject
to and shall be exercised in accordance with the provisions of
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ARTICLE IV
MEMBERS
I. The members of the Association shall consist
[I solely of all record owners of condominium units of the Asso-
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2. Change of membership of the Association shall be
effected and established by the recording in the public
records of Pitkin County, Colorado, of a deed or other instru-
ment establishing a change in record title to a condominium
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unit and the delivery to the Association of a certified or
machine copy of such instrument. The membership of the prior
owner shall thereby be terminated.
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3. The share of a member in the funds and assets of
the Association cannot be assigned, hypothecated, or trans-
fer red in any manner except as an appurtenance to his condo-
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minium unit.
4. The members of the Association shall be entitled
to vote for each condominium unit owned by them. The exact
number of votes to be cast by owners of a condominium unit and
the manner of exercising voters' rights shall be determined by
the By-Laws of the Association.
ARTICLE V
BOARD OF MANAGERS
I. The affairs of the Association will be managed
by a Board consisting of the number of Managers as shall be
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determined by the By-Laws, but not less than three (3) nor
more than seven (7) Managers, and in the absence of such
determination shall consist of three (3) Managers.
2. Managers of the Association shall be elected at
the annual meeting of the members in the manner determined by
the By-Laws. Managers may be removed and vacancies on the
Board of Managers shall be filled in the manner provided by
the By-Laws.
3. The Managers herein named shall serve until the
first election of Managers and any vacancies in their number
occurring before the first election shall be filled by the
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remaining Managers.
4. The names and addresses of the members of the
f~rs~ Board of Mar.age~s who shall hold office until their
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are as
follows:
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1. Perry A. Harvey
710 E. Durant
Aspen, Colorado 81611
2. Lawrence Dempsey
P.O. Box 5171
400 Wood Road
Snowmass Village, Colorado 81615
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3. William Heldman
c/o Mason and Morse
P.O. Box 5039
Snowmass Village, Colorado 81615
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ARTICLE VI
OFFICERS
The affairs of the Association shall be administered
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by officers elected by the Board of Managers at its first
meeting following the annual meeting of the members of the
Association, which officers shall serve at the pleasure of the
Board of Managers. The names and addresses of the officers
who shall serve until their successors are designated by the
Board of Managers are as follows:
President:
William Heldman
c/o Mason and Morse
P.O. Box 5039
Snowmass Village, Colorado 81615
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Secretary-Treasurer
Lawrence Dempsey
P.O. Box 5171
400 Wood Road
Snowmass Village, Colorado 81615
ARTICLE VII
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. REGTSTERED OFFICE
The registered office of the Association shall be
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400 Wood Road, Snowmass Village, Colorado, 81615, and the
Registered Agent of the Association, whose address is identical
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to that of the Registered Office of the Association, shall be
!J'.T,u!>.r:NC:E DEMPSEY.
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ARTICLE VIII
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INDEMNIFICATION
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Every Manager and every officer of the Association
shall be indemnified by the Association against all liabili-
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ties, including counsel fees, reasonably incurred or imposed
upon him in connection with any proceeding, or any settlement
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thereof, to which he may be a party, or in which he may become
involved, by reason of his being or having been a Manager or
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officer of the Association, whether or not he is a Manager or
officer at the time such expenses are incurred, except in such
cases wherein the Manager or officer is adjudged guilty of
willful misfeasance or malfeasance in the performance of his
duties; provided that in the event of a settlement, the
indemnification herein shall apply only when the Board of
ii Managers approves such settlement and reimbursement as being
I for the best interests of the Association. The foregoing
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may be entitled.
ARTICLE IX
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i: adopted by the Board of Managers, and may be altered, amended
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BY-LAWS
The first By-Laws of the Association shall be
II or revoked in the manner provided by the By-Laws.
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AMENDMENTS
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Amendments to the Arti.cles of Incorporation shall be
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of the Nonprofit Corporation Act, as amended from time to
time.
ARTICLE XI
TERM
The term of the Association shall be perpetual,
unless the Association is terminated sooner by the unanimous
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action of its members.
The Association shall be terminated by
the termination of the condominium in accordance with the
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provisions of the Declaration.
ARTICLE XII
NONPROFIT ASSOCIATION
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This Association is not organized for profit.
No
l' member, member of the Board of l-Ianagers, officer or person
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shall receive or shall be lawfully entitled to receive any
pecuniary profit from the operation thereof, and in no event
shall any part of the funds or assets of the Association be
paid as salary or compensation to, or distributed to, or inure
to the benefit of any member of the Board of Managers, officer
or member, provided, however, always (a) that reasonable
compensation may be paid to any member, Manager, or officer
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while acting as an agent or employee of the Association for
services rendered in effecting one or more of the purposes of
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the ~ssociation, and (b) that any member, Manager, or officer
may, from time to time, be reimbursed for his actual and
reasonable expenses incurred in connection with the admini-
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stration of the affairs of the Association.
ARTICLE XIII
INCORPORATOR
The name and address of the incorporator of these
Articles of Incorporation is: RONALD D. AUSTIN, 600 E. Hopkins,
Aspen, Colorado 81611.
IN WITNESS WHEREOF,
the Incoroorator hes hereun'to
dY da~ Of~P~~~
affixed his signature on this
198 D
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A~TICLES OF INCORPORATION
OF
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THE ASPEN SKI LODGE CONDOMINIUM ASSOCIATION
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STATE OF COLORADO
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County of Pitkin
I, WI/-",,,,., A. :In!tlM,I w: , a Notary Publ ic in
and for said County, in the State aforesaid, do hereby certify
that, RONALD D. AUSTIN, whose name is subscribed and annexed
to the foregoing Articles of Incorporation, appeared before me
this day in person and acknowledged that he signed, sealed and
delivered the said instrument in writing as his free and
voluntary act, for the uses and purposes therein set forth.
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Given under my hand and notarial seal this ~~
day ofOeC. , 198 .
My commission expires: 1~~/tf-3'/
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Ivitness my hand and official seal.
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Notary Public ~
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FIRST AMENDED BY-LAWS
OF
THE ASPEN SKI LODGE CONDOMINIUM ASSOCIATION
ARTICLE I
OBJECT
1. These First Amended By-Laws are adopted by Resort
Investment Corporation as the owner of at least 83% of the
undivided interest in the general common elements of the Aspen Ski
Lodge Condominiums pursuant to Article VIII of the original By-Laws
of the Aspen Ski Lodge Condominium Association dated
which By-Laws are hereby repealed and superceded by these First
Amended By-Laws.
2. The purpose for which this non-profit Association is
formed is to govern the condominium property which has been or will
be submitted to the provisions of the Condominium Ownership Act of
the State of Colorado by the recording of the declaration and
supplements thereto and maps and supplements thereto bearing the
name associated with this Association.
3. All present or future owners, tenants, future
tenants, or any other person that might use or have an interest in
any manner in the facilities of the project located on the property
therein described are subject to the regulations set forth in these
By-Laws. The mere acquisition or rental of any of the condominium
units (hereinafter referred to as "units") or the mere act of
occupancy of any of said units will signify that these By-Laws are
accepted, ratified, and will be complied with.
ARTICLE II
MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES
1. Membership: Except as is otherwise provided in these
By-Laws, ownership of a condominium unit is required in order to
qualify for membership in this Association. Any person on becoming
an owner of a condominium unit shall automatically become a member
of this Association and be subject to these By-Laws. Membership
shall terminate without any formal Association action whenever a
person ceases to own a condominium unit; provided, however, such
termination shall not relieve or release any such former owner from
any liability or obligation incurred under or in any way connected
with this Association during the period of such ownership and
membership in the Association. Termination shall not impair any
rights or remedies which the unit owners have, either through the
Board of Managers or the Association or directly, against such
former owner and member arising out of or in any way connected with
ownership and membership and the covenants and obligations incident
thereto.
2. Voting: Voting shall be based upon the percentage of
the undivided interest owned by each unit owner in all of the
general common elements. The ownership interest allocable to each
unit shall be set forth in the Condominium Declaration. The
aggregate of all of the undivided interests in the general common
elements shall be considered one hundred (100%) percent for voting
purposes. Cumulative voting is prohibited. Unless specifically
set forth herein to the contrary, when a vote of the members
requires that a certain percentage of votes be cast for approval,
it shall be a percentage of the undivided interests in the general
conunon elements, not a percentage of the total members in the
Association. -
3. Majority of ~ Owners: As used in these By-Laws
the term "majority of utlrt owners" shall mean more than fifty (507.)
percent of the undivided ownership of the general common elements.
4. Quorum: Except as otherwise provided in these
By-Laws, the presence in person or by proxy of a majority of unit
owners shall constitute a quorum. Unless otherwise specifically
set forth herein to the contrary, an affirmative vote of a majority
of the unit owners present, either in person or by proxy, shall be
required to transact the business of the meeting, and the acts or
decisions thereby undertaken shall be binding on all unit owners.
5. Proxies: Votes may be cast in person or by proxy.
Proxies must be filed with the Secretary before the appointed time
of each meeting.
ARTICLE III
ADMINISTRATION
1. Association Responsibilities: The owners of the
units will constitute the Association of unit owners, hereinafter
referred to as "Association", who will have the responsibility of
administering the project through a Board of Managers.
2. Place of Meeting: Meetings of the Association shall
be held at such place-within the State of Colorado as the Board of
Managers may determine.
3. Annual Meetings: The first meeting of the
Association shall be held on the first Friday during the month of
March in the year following the incorporation of this Association.
Thereafter, the annual meetings of the Association shall be held on
the first Friday during the month of March of each succeeding year,
or on a more convenient date as determined by the Board of
Managers. At such meeting there shall be elected, by ballot of the
owners, a Board of Managers in accordance with the requirements of
Section 5 of Article IV of these By-Laws. The owners may also
transact such other business of the Association as may properly
come before them.
4. Special Meetings: The Board of Managers and the
President may call special meetings of the owners upon their own
initiative. Also, upon receipt of a petition signed by unit owners
who own at least one-third (1/3) of the undivided interest in the
general conunon elements calling for a special meeting, the
President shall call a special meeting of owners. The notice of
any special meetings shall state the time and place of such meeting
and the purpose thereof. No business except as stated in the
notice shall be transacted at a special meeting unless by consent
of two-thirds (2/3) of the owners present, either in person or by
proxy. Any such meeting shall be held at such place and time as
the President determines within thirty (30) days after receipt by
the President of such petition.
5. Notice of Meetinfs: The Secretary shall mail or
deliver a notice of each annua or special meeting, stating the
purpose thereof as well as the time and place it is to be held, to
each owner of record, at least ten (10) but not more than thirty
(30) days prior to such meeting. The mailing of a notice in the
manner provided in this paragraph or the delivery of such notice
shall be considered notice served.
6. Action without Meeting: Any action required by law
to be taken at a meeting of the Association or any action which may
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be taken in a meeting of the Association may be taken without a
meeting if a consent in writing, setting forth the action so taken,
shall be signed by unit owners who hold not less than 2/3 of the
undivided interest in the general common elements and further
provided the same is not otherwise prevented by these By-Laws, the
First Amended Declaration or Colorado law.
7. Adjourned Meetings: If any meeting of owners cannot
be organized because a quorum has not attended, a special Board
meeting may be called by the President or the Secretary and by
action of two-thirds of the entire membership of the Board of
Managers a quorum may be declared provided there are owners who
hold at least one third (1/3) of the undivided interest in the
general common elements present and that the business to be
conducted at such meeting does not require that a greater number of
owners be present. Otherwise, the owners who are present, either
in person or by proxy, may adjourn the meeting, from time to time,
until a quorum is obtained.
8. Order of Business: The order of business at the
annual meetings of tnE!owners of units shall be as follows:
(a) Roll call and certifying proxies.
(b) Proof of notice of meeting or waiver of notice.
(c) Reading and/or disposal of unapproved minutes.
(d) Reports of officers.
(e) Reports of committees.
(f) Election of managers.
(g) Unfinished business.
(h) New Business
(i) Adjournment.
9. Performance of Functions ~ Declarant: Notwithstand-
ing the provisions of paragraph 3 of Article III, the rights,
duties and functions of the Board of Managers, at the option of
Declarant (as defined in the First Amended Condominium Declaration
for the Aspen Ski Lodge Condominiums), shall be exercised by the
Declarant until three-fourths (3/4) of all condominium units have
been sold and conveyed.
ARTICLE IV
BOARD OF MANAGERS
1. Number and Qualification: At the first meeting there
shall be elected frorillimong the unit owners three (3) members of
the Association to the Board of Managers who shall thereafter
govern the affairs of this Association until their successors have
been duly elected and qualified. The number of Managers on the
Board may be changed from time to time by vote of the members, but
the Board shall never consist of more than seven (7) or less than
three (3) members.
2. Powers and Duties: The Board of Managers shall have
the powers and dutiesnecessary for the administration of the
affairs of the Association and for the operation and maintenance of
the condominium project as a first class residential condominium
property. The Board of Managers may do all such acts and things
except as by law or by these By-Laws or by the Condominium
Declaration may not be delegated to the Board of Managers.
,
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(d) Transportation (minimum size of eight
passenger van) to and from the Pitkin County
Airport between December 1 and March 31, and
between June 1 and September 15 of each year;
(e) The following amenities shall be
available to the lodge guests: continental
breakfast, wine and cheese (during high
season only) several times per week, swimming
pool, jacuzzi and cable television.
(f) Front desk service between 8:00 a.m. and
8:00 p.m. seven days per week between
December 1 and March 31 and between June 1
and September 15 of each year, which service
shall include check-in, key pick-up,
check-out and telephone switchboard.
(g) Maid service for the lodge guests on a
daily basis between December 1 and March 31
and between June 1 and September 15 of each
year.
33.4 The common areas of the Condominium Project
shall remain common areas and the Condominium Project shall
be maintained in a manner consistent with its character as
of the date of this Declaration. Any changes, alterations
or renovations made to common areas shall not diminish the
size or quality of the common areas.
33.5 In order to comply with the provisions of
such Code, the Declarant agrees for itself and its
successors, grantees and assigns that the personal property,
furniture and fixtures (including, but not limited to
furniture, fixtures, decorations, wall surfacing, window
covers, bathroom fixtures and carpeting) contained with each
Unit shall be maintained in a uniform, first class condition
comparable to such condition as of the date of this
Declaration. The Board of Managers of the Association shall
decide when and how such personal property, furniture and
fixtures shall be maintained and/or replaced and the
respective Unit owners shall comply with such decisions of
the Board. The Board shall notify a Unit owner of any such
decisions and such Unit owner shall have thirty days within
which to commence compliance with such decisions, and full
compliance shall be made within the ensuing sixty day
period. Payment for the maintenance and replacement of such
furniture, fixtures and personal property within the Units
shall be the responsibility of each respective Unit owner.
The Association shall not be responsible for such payment
and the common elements shall not be subject to lien as a
result of nonpayment by any Unit owner. In the event that a
Unit owner fails to comply with the decisions of the Board,
as required by this paragraph 33.5, the Association may
replace and/or maintain the said furniture, fixtures or
personal property within a Unit in order to maintain such
uniform and first class condition. In such event, the Unit
owner shall reimburse the Association for all monies
expended thereby, including a service charge in the amount
of twenty percent of such monies expended, within three days
of delivery of notice to the Unit owner of such monies
expended by the Association on behalf of the Unit owner. In
the event a Unit owner does not so timely reimburse the
Association, the Association shall have a lien on the Unit
foreclosable pursuant to the provisions contained in
paragraph 25, above.
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3. Other Powers and Duties: Such powers and duties of
the Board of Managers shall-rnclude, but shall not be limited to,
the following, all of which shall be done for and in behalf of the
owners of the condominium units:
(a) To administer and enforce the covenants, condi-
tions, restrictions, easements, uses, limitations, obligations and
all other provisions set forth in the Condominium Declaration
submitting the property to the provisions of the Condominium
Ownership Act of the State of Colorado, the By-Laws of the
Association and supplements and amendments thereto.
(b) To establish, make and enforce compliance with
such rules and regulations as may be necessary for the operation of
the condominium complex and for the operation, rental, use and
occupancy of all of the condominium units with the right to amend
same from time to time. A copy of such rules and regulations shall
be delivered or mailed to each member upon the adoption thereof.
(c) To incur such costs and expenses as may be
necessary to keep in good order, condition and repair all of the
general and limited cOlIDllon elements and all items of connnon
personal property.
(d) To provide for insurance coverage through the
Insurance Trustee as described in the First Amended Declaration for
all of the insurable cOlIDllon elements of the property in an amount
equal to the maximum replacement value, and for all of the connnon
fixtures, cOlIDllon equipment and cOlIDllon personal property for the
benefit of the owners of the condominium units and their first
mortgagees. Further. to provide for comprehensive liability
insurance covering the entire premises in amounts not less than
$100,000.00 per person and $300,000.00 per accident and $50,000.00
property damages.
(e) To prepare, according to generally accepted
accounting principles, a budget for the condominium at least
annually, in order to determine the amount of the cOlIDllon
assessments payable by the unit owners to meet the cOlIDllon expenses
of the condominium project. To allocate and assess such cOlIDllon
charges among the unit owners according to their respective cOlIDllon
ownership interests in and to the general cOlIDllon elements. To
cause the Association to provide for, among other things, the
following services to be paid for out of the regular assessments
(or special assessments if necessary): the maintenance, repair,
operation, additions, alterations and improvements of and to the
connnon elements, including expenses of management; insurance
relative to the connnon elements; cOlIDllon electricity, connnon
heating, cOlIDllon water, and cOlIDllon sewer; trash collections; legal
and accounting relative to the cOlIDllon elements and the Association;
snow removal; and other services deemed necessary by the Board of
Managers for the maintenance of the connnon elements and operation
of the Association. By majority vote of the Board to adjust.
decrease or increase the amount of the quarterly or monthly
assessments, and remit or return any excess of assessments over
expenses, working capital, sinking funds and reserve (for deferred
maintenance and for replacement) to the owners at the end of each
operating year. To levy and collect special assessments whenever
in the opinion of the Board it is necessary to do so in order to
meet increased operating or maintenance expenses or costs, or
additional capital expenses, or because of emergencies.
(f) To collect delinquent assessments by suit or
otherwise and to enjoin or seek damages from an owner as is
provided in the First Amended Declaration and these By-Laws. To
enforce a late charge of not more than $20.00 per month. To
collect interest at the rate of eighteen (18%) percent per annum in
connection with assessments remaining unpaid more than fifteen (15)
days from due date for the payment thereof, together with all
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expenses, including attorney's fees incurred. The Board of
Managers shall have the duty, right, power and authority to
prohibit use of the limited and general cOUDIlon elements by an
owner, his guests, tenants, lessees and invitees in the event that
any assessment made remains unpaid more than thirty (30) days from
the due date for payment thereof.
(g) To protect and defend in the name of the Asso-
ciation any part or all of the condominium project from loss and
damage by suit or otherwise.
(h) To borrow funds in order to pay for any expend-
iture or outlay required pursuant to the authority granted by the
provisions of the recorded First Amended Declaration and these
By-Laws, and to execute all such instruments evidencing such
indebtedness as the Board of Managers may deem necessary and give
security therefor (including security which may be liens upon the
cOUDIlon elements). Such indebtedness shall be the several
obligation of all of the owners in the same proportion as their
interest in the general cOUDIlon elements.
(i) To enter into contracts to carry out their
duties and powers.
(j) To establish a bank account or accounts for the
cOUDIlon treasury and for all separate funds which are required or
may be deemed advisable.
(k) To maintain the general and limited cOUDIlon
elements; to make or cause to be made repairs, replacements,
additions, alterations and improvements to the general and limited
cOUDIlon elements consistent with managing the condominium project in
a first class manner and consistent with the best interest of the
unit owners. However, there shall be no additions, alterations or
improvements by the Board of Managers or the Managing Agent of or
to the general and limited cOUDIlon elements requiring an expenditure
in the excess of Five Thousand Dollars ($5,000.00) in anyone
calendar year without prior approval of a majority of the owners in
writing or as reflected in the minutes of a regular or special
meeting of the owners. Such limitation shall not be applicable to
the replacement, repair, maintenance or obsolescence of any general
or limited cOUDIlon element or cOUDIlon property.
(1) To keep and maintain full and accurate books
and records showing all of the receipts, expenses or disbursements
and to permit examination thereof at convenient weekday business
hours by each of the owners, or their mortgagees, if applicable.
(m) To prepare and deliver annually to each owner a
statement showing receipts, expenses or disbursements since the
last such statement.
(n) To meet at least semi-annually.
(0) To designate and remove the personnel necessary
for the maintenance, operation, repair or replacement of the COUDIlon
elements.
(p) In general, to carryon the administration of
this Association and to do all of those things necessary and
reasonable in order to carry out the governing and the operation of
this condominium property.
(q) To control and manage the use of a11.parking
areas.
(r)
who shall have and
Board of Managers
To employ for the Association a Managing Agent
exercise all of those powers granted to the
from time to time by the First Amended
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Declaration and By-Laws which may be delegated to such Managing
Agent by the Board of Managers; provided, however, that no such
delegation shall relieve the Board of Managers of its
responsibility under the Declaration.
(s) To enter into such agreements as it deems
desirable to provide common services or to lease equipment for the
use and enjoyment of the Owners or anyone or more Owners. Such
rights shall include but not be limited to the right to enter into
lease and/or use and/or purchase agreements with third parties to
provide recreational equipment and facilities and/or to install,
sell and/or lease to the Condominium an MATV system and/or cable
television system and/or television sets and/or telephone systems
and sets. Furthermore, Declarant (as defined in the First Amended
Declaration) shall have the right to enter into such agreements on
behalf of and for the Association, its Board and the Owners which
agreement(s) shall be binding upon the Association and each and
every Owner.
4. No Waiver of Rights: The omission or failure of the
Association or-any condomTnium unit owner to enforce the covenants,
conditions, restrictions, easements, uses, limitations, obligations
or other provisions of the First Amended Condominium Declaration,
the By-Laws or the house rules and regulations adopted pursuant
thereto, shall not constitute or be deemed a waiver, modification
or release thereof, and the Board of Managers or the Managing Agent
shall have the right to enforce the same thereafter.
5. Election and Term of Office: At the first meeting of
the Association the terDlOf offICe of one Manager shall be fixed
for three (3) years; the term of office of one Manager shall be
fixed for two (2) years; and the term of office of one Manager
shall be fixed at one (1) year; provided, however, that the terms
of office for not less than 1/3 of the members of the board shall
expire annually. At the expiration of the initial term of office
of each respective Manager, he shall serve until his successor
shall have been elected and the Board of Managers shall hold their
first meeting thereafter, except as is otherwise provided.
6. Vacancies: Vacancies in the Board of Managers caused
by any reason other than the removal of a Manager by a vote of the
Association shall be filled by vote of the majority of the
remaining Managers, even though they may constitute less than a
quorum; and each person so elected shall be a Manager until a
successor is elected at the next annual meeting of the Association.
7. Removal of Managers: At any regular or special
meeting duly called, anyone or more of the Managers may be removed
with or without cause by a two-thirds (2/3) majority of the owners
present in person or by proxy. Thereupon a successor may then and
there be elected to fill the vacancy thus created. Any Manager
whose removal has been proposed by the owners shall be given an
opportunity to be heard at the meeting.
8. Organization Meeting: The first meeting of a newly
elected Board of Managers following the annual meeting of the unit
owners shall be held immediately following the annual meeting at
such place as shall be fixed by the Managers at the meeting at
which such Managers were elected. No notice shall be necessary to
the newly elected Managers in order legally to constitute such
meeting, providing a majority of the whole Board be present.
9. ~ular Meetings: Regular meetings of the Board of
Managers may be-held at such time and place as shall be determined,
from time to time, by a majority of the Managers, but at least one
such meeting shall be held every six (6) months. One such meeting
per annum may be held by telephone. Notice of regular meetings of
the Board of Managers shall be given to each Manager, personally or
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by mail, telephone or telegraph, at least seven (7) days prior to
the day named for such meeting.
10. Special Meetings: Special meetings of the Board of
Managers may be called by the President on three (3) days notice to
each Manager, given personally or by mail, telephone or telegraph,
which notice shall state the time, place (as hereinabove provided)
and purpose of the meeting. Special meetings of the Board of
Managers shall be called by the President or Secretary in like
manner and on like notice on the written request of two or more
Managers. Special meetings may be held by telephone.
11. Waiver of Notice: Before or at any meeting of the
Board of Managers, any~anager may, in writing, waive notice of
such meeting and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by a Manager at any meeting of
the Board shall be a waiver of notice by him of the time and place
thereof. If all of the Managers are present at any meeting of the
Board, no notice shall be required and any business may be
transacted at such meeting.
12. Action without Meeting: Any action required by law
to be taken at any meeting of the Board of Managers or any action
which may be taken in a meeting of the Board of Managers may be
taken without a meeting if a consent in writing setting forth the
action so taken shall be signed by two thirds of the Managers.
13. Board of Managers' ~uorum: At all meetings of the
Board of Managers, a majority of t e Managers shall constitute a
quorum for the transaction of business, and the acts of the
majority of the Managers present at a meeting at which a quorum is
present shall be the acts of the Board of Managers. If, at any
meeting of the Board of Managers, there be less than a quorum
present, the majority of those present may adjourn the meeting from
time to time. At any such adjourned meeting, any business which
might have been transacted at the meeting as originally called may
be transacted without further notice.
14. Fidelity Bonds: The Board of Managers may require
that all officers and employees of the Association and the Managing
Agent handling or responsible for Association funds shall furnish
adequate fidelity bonds. The premiums on such bonds shall be a
common expense.
15. Compensation: No member of the Board of Managers
shall receive any compensation for acting as such, but shall be
entitled to reimbursement for any actual out-of-pocket expenses
incurred in the performance of his duties.
ARTICLE V
FISCAL MANAGEMENT
The provision for fiscal management of the condominium
units for and on behalf of all of the unit owners as set forth in
the Condominium Declaration shall be supplemented by the following
provisions contained in this Article V.
The funds and expenditures of the unit owners by and
through the Association shall be credited and charged to accounts
under the following classifications as shall be appropriate, all of
which expenditures shall be common expenses:
(a) Current extenses: shall include all funds and
expenditures within the year or which the funds are budgeted,
including a reasonable allowance for contingencies and working
funds, except expenditures chargeable to reserves or to additional
improvements.
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(b) Reserve for deferred maintenance: shall
include funds for maintenance items which occur less frequently
than annually.
(c) Reserve for re~lacement: shall include funds
for repair or replacement require because of damage, wear or
obsolescence.
ARTICLE VI
OFFICERS
1. Desi~nation: The officers of the Association shall
be a President, a ice President, a Secretary and a Treasurer, all
of whom shall be elected by the Board of Managers, and such
assistant officers as the Board of Managers shall, from time to
time, elect. Except for the President who shall be, such officers
need not be members of the Board of Managers, but each shall be an
owner of a condominium unit in this condominium project, or the
Declarant(s) or their representative(s). The office of President
and/or Vice President shall not be combined with the offices of
Treasurer and/or Secretary or held by the same person, but the
offices of Treasurer and Secretary may be combined and held by the
same person.
2. Election of Officers: The officers of the
Association shall be elected annually by the Board of Managers at
the organization meeting of each new Board and shall hold office at
the pleasure of the Board.
3. Removal of Officers: Upon an affirmative vote of a
majority of the memberSlof the Board of Managers or a two-thirds
(2/3) majority vote of the members, any officer may be removed,
either with or without cause. His successor may be elected at any
regular meeting of the Board of Managers, or at any special meeting
of the Board called for such purpose.
4. President: The President shall be the chief
executive officer of the Association. He shall preside at all
meetings of the Association and of the Board of Managers. He shall
have all of the general powers and duties which are usually vested
in the office of president of an association, including but not
limited to the power to appoint committees from among the owners
from time to time as he may in his discretion decide is appropriate
to assist in the conduct of the affairs of the Association or as
may be established by the Board or by the members of the
Association at any regular or special meetings.
5. Vice President: The Vice President shall have all
the powers and authority and perform all the functions and duties
of the President in the absence of the President or his inability
for any reason to exercise such powers and functions or perform
such duties.
6. Secretary: The Secretary shall keep all the minutes
of the meetings of the Board of Managers and the minutes of all
meetings of the Association; he shall have charge of such books and
papers as the Board of Managers may direct; and he shall, in
general, perform all the duties incident to the office of Secretary
and as is provided in the Declaration and the By-Laws.
The Secretary shall compile and keep up to date at the
principal office of the Association a complete list of members and
their last known addresses as shown on the records of the
Association. Such list shall also show opposite each member's name
the number or other appropriate designation of the unit owned by
such member and the undivided interest in the general common
elements. Such list shall be open to inspection by members and
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other persons lawfully entitled to inspect the same at reasonable
times during regular business hours.
7. Treasurer: The Treasurer shall have responsibility
for Association funds and shall be responsible for keeping full and
accurate accounts of all receipts and disbursements in books
belonging to the Association. He shall be responsible for the
deposit of all monies and other valuable effects in the name, and
to the credit, of the Association in such depositories as may from
time to time be designated by the Board of Managers. In the event
a Managing Agent has the responsibility of collecting and
disbursing funds, the Treasurer shall review the accounts of the
Managing Agent not less often than once each calendar quarter. The
Treasurer shall render a financial report to each regular meeting
of the Board and to the Annual Meeting of the Association.
ARTICLE VII
INDEMNIFICATION OF OFFICERS, MANAGERS AND MANAGING AGENT
1. Indemnification: The Association shall indemnify
every Manager, officer, Managing Agent, their respective
successors, personal representatives and heirs, against all loss,
costs and expenses, including counsel fees, reasonably incurred by
him in connection with any action, suit or proceeding arising out
of his or their conduct on behalf of the Association, except that
the indemnification shall not apply if the Court determines such
person was guilty of gross negligence or willful misconduct. In
the event the Court determines such gross negligence or malfeasance
to have occurred, the person shall reimburse the Association for
all sums advanced to defend the suit or proceeding. In the event
of a settlement, indemnification shall be provided only in
connection with such matters covered by the settlement as to which
the Association is advised by counsel that the person to be
indemnified has not been guilty of gross negligence or willful
misconduct in the performance of his duty as such Manager, officer
or Managing Agent in relation to the matter involved. The
foregoing rights shall not be exclusive of other rights to which
such Manager, officer or Managing Agent may be entitled. All
liability, loss, damage, cost and expense incurred or suffered by
the Association by reason or arising out of or in connection with
the foregoing indemnification provisions shall be treated and
handled by the Association as common expenses; provided, however,
that nothing in this Article VII contained shall be deemed to
obligate the Association to indemnify any member or owner of a
condominium unit, who is or has been a Manager or officer of the
Association, with respect to any duties or obligations assumed or
liabilities incurred by him as a member or owner under and by
virtue of the First Amended Condominium Declaration.
2. Other: Contracts or other commitments made by the
Board of Managers, officers or the Managing Agent shall be made as
agent for the unit owners, and they shall have no personal
responsibility on any such contract or commitment (except as unit
owners), and the liability of any unit owner on any such contract
or commitment shall be limited to such proportionate share of the
total liability thereof as the common interest of each unit owner
bears to the aggregate common interest of all of the unit owners,
except that any losses incurred because of an inability to collect
such proportionate amount of the total liability owed by an owner
shall be shared proportionately by the other owners in the same
ratio as the common interest of each unit owner from whom such
proportionate amount was collected bears to the aggregate common
interest of all unit owners from whom such proportionate amount was
collected.
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ARTICLE VIII
AMENDMENTS TO BY-LAWS AND ARTICLES AND DISSOLUTION
I. Amendments to By-Laws: These By-Laws may be amended
by the Association at an annual meeting or at a duly constituted
special meeting for such purpose; provided, however, that the
particulars set forth in Section 38-33-106, C.R.S. 1973, and as the
same may be amended, shall always be embodied in the By-Laws. The
vote of a two-thirds (2/3) majority of the owners present in person
shall be required for amendment. No amendment may be enacted
affecting the security or rights of an Institutional Mortgagee
without express written consent of such Institutional Mortgagee.
No Amendment may be enacted affecting any right of the Declarant
without consent of the Declarant.
2. Amendments to Articles of Incortoration: The Board of
Managers shall adopt a resolution setting orth any proposed
amendment to the Articles of Incorporation and directing that it be
submitted to a vote at either the annual,or a special, meeting of
the members. Written notice setting forth the proposed amendment
or amendments shall be given to each member entitled to vote at
such meeting in person or by proxy. No amendment prohibited by
applicable laws, including but not limited to, federal tax laws,
the Colorado Nonprofit Corporation Act, or the Colorado Condominium
Act, may be adopted. The proposed amendment shall be adopted upon
receiving at least two-thirds of the votes which members present at
such meeting or represented by proxy are entitled to cast.
3. Dissolution: Termination of the Condominium shall
automatically dissolve this Association. It may also be dissolved
in the manner provided by law. Upon dissolution those funds held
by the Association for the Owners shall be turned over to the
Association's successor as governing entity of the Condominium, or
if the Condominium be terminated, after payment of all debts and
expenses, divided as provided according to the percentage ownership
interests of the Owners in the Common Elements and disbursed as
provided by law and/or the First Amended Declaration, provided,
however, the residual of any property of any nature owned by the
Association not held by it on behalf of the Owners or any of them,
shall, if appropriate, be turned over to one or more organizations
which, themselves, are exempt from Federal Income Tax as
organizations described in Sections S01(e) (3) and 170(c) of the
Internal Revenue Code and from Colorado Income Tax, or to the
Federal, State or Local Government for exclusively public purposes.
ARTICLE IX
MORTGAGES
1. Notice to Association: An owner who mortgages his
unit shall notify the-Xssociation through the Managing Agent, if
any, or the Secretary of the Board of Managers, giving the name and
address of his mortgagee.
2. Notice of Unraid Common Assessments: The Board of
Managers, upon ten days wr tten notice of request and payment of
the required fee (in a reasonable amount as established by the
Board of Managers) by a unit owner or his mortgagee shall promptly
prepare a statement of account setting forth the amount of any
unpaid assessments or other charges due and owing from such unit
owner.
3. Notice of Default: The Board of Managers, when
g~v~ng notice to a umt owner of a default in paying common
assessments or other default, shall send a copy of such notice
to each holder of a mortgage covering such condominium unit whose
name and address has theretofore been furnished to the
Board of Managers.
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4. Examination of Books: Each unit owner and each
mortgagee of a condominiumllnit shall be permitted to examine the
books of account of the condominium at reasonable times, on
business days, but not more often than once each month.
ARTICLE X
EVIDENCE OF OWNERSHIPN REGISTRATION OF MAILING ADDRESS
AND DESIGNATIO OF VOTING REPRESENTATIVE
1. Proof of Ownership: Except for those owners who
initially purchase alCOndominium unit from Declarant, any person on
becoming an owner of a condominium unit shall furnish to the
Managing Agent or Board of Managers a copy of the recorded
instrument vesting that person with an interest or ownership in the
condominium unit, which copy shall remain in the files of the
Association.
2. Registration of Mailing Address: The owners or
several owners of an individual condominium unit shall have one and
the same registered mailing address to be used by the Association
for mailing of monthly statements, notices, demands and all other
communications. Such registered address shall be the only mailing
address of a person or persons, firm, corporation, partnership,
association or other legal entity or any combination thereof to be
used by the Association. Such registered address of a condominium
unit owner or owners shall be furnished by such owners to the
Managing Agent or Board of Managers within fifteen (15) days after
transfer of title, or after a change of address, and such
registration shall be in written form and signed by all of the
owners of the condominium unit or by such persons as are authorized
by law to represent the interest of all of the owners thereof.
3. Desi~nation of Voting Representative - Proxy: If a
condominium unit 1S ownedl)y one person, his right to vote shall be
established by the record title thereto. If title to a condominium
unit is held by more than one person or by a firm, corporation,
partnership, association, or other legal entity, or any combination
thereof, such owners shall execute a proxy appointing and
authorizing one person or alternate persons to attend all annual
and special meetings of members and thereat to cast whatever vote
the owner himself might cast if he were personally present. Such
proxy shall be effective and remain in force unless voluntarily
revoked, amended or sooner terminated by operation of law;
provided, however, that within thirty (30) days after such
revocation, amendment or termination, the owners shall reappoint
and authorize one person or alternate persons to attend all annual
and special meetings as provided by this paragraph 3.
4. Delinquency: No owner shall have the right to vote
in person or by proxy at an annual or special meeting of the
members of the Association who is delinquent in the payment of an
assessment made against him.
5. Good Standing to Vote: The requirements herein
contained in this Article X snall~first met before an owner of a
condominium unit shall be deemed in good standing and entitled to
vote at any annual or special meeting of members.
ARTICLE XI
OBLIGATIONS OF THE OWNERS
1. Assessments: All owners shall be obligated to pay
the monthly or quarterly assessments imposed by the Association to
meet the common expenses. The assessments shall be made pro-rata
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according to percentage or fractional interest in and to the
general common elements, and shall be due in advance.
2. Notice of Lien or Suit: An owner shall give notice
to the Association or everYL~or encumbrance upon his
condominium unit, other than for taxes and special assessments, and
notice of every suit or other proceeding which may affect the title
to his condominium unit, and such notice shall be given in writing
within five (5) days after the owner has knowledge thereof.
3. Maintenance and Repair:
(a) Every owner must perform promptly, at his own
expense, all maintenance and repair work required of individual
owners by the First Amended Declaration of these By-Laws within his
own unit which, if omitted, would affect the appearance of or the
aesthetic integrity of part or all of the condominium project.
(b) All the repairs of internal installations of
the unit (non-common element installations) such as water fixtures,
light fixtures, gas fixtures, power fixtures, toilet and bath
fixtures, telephones, sanitary installations, electrical fixtures
and all other accessories, equipment and fixtures shall be at the
owner's expense. Repairs to doors and windows shall be at owner's
expense, utilizing materials approved by the Association.
(c) An owner shall be obligated to reimburse the
Association promptly upon receipt of its statement for any
expenditures incurred by it in repairing or replacing any general
or limited common element damaged by his negligence or by the
negligence of his tenants or agents or guests.
4. Mechanic's Lien: Each owner agrees to indemnify and
to hold each of the other owners harmless from any and all claims
of mechanic's lien filed against other units and the appurtenant
general common elements for labor, materials, services or other
products incorporated in the owner's unit. In the event such a
lien is filed and/or a suit for foreclosure of mechanic's lien is
commenced, then within ten (10) days thereafter such owner shall be
required to deposit with the Association cash or negotiable
securities equal to one and one-half of the amount of such claim
plus interest at the rate of eighteen percent (18%) per annum for
one year plus a sum equal to ten (10%) percent of the amount of
such claim but not less than One Hundred Fifty ($150.00) Dollars,
which latter sum may be used by the Association for any costs and
expenses incurred, including attorney's fees incurred for legal
advice and counsel. Except as is otherwise provided, such sum or
securities shall be held by the Association pending final adjudi-
cation or settlement of the claim or litigation. Disbursement of
such funds or proceeds shall be made by the Association to insure
payment of or on account of such final judgment or settlement. Any
deficiency, including attorney's fees incurred by the Association,
shall be paid forthwith by the subject owner, and his failure to so
pay shall entitle the Association to make such payment, and the
amount hereof shall be a debt of the owner and a lien against his
condominium unit which may be foreclosed as is provided in the
First Amended Condominium Declaration. All advancements, payments,
costs and expenses, including attorney's fees, incurred by the
Association shall be forthwith reimbursed to it by such owner(s),
and the owner shall be liable to the Association for the payment of
interest at the rate of eighteen (18%) percent per annum on all
such sums paid or incurred by the Association.
5. General:
(a) Each owner shall comply strictly with the
prov~s~ons of the recorded First Amended Condominium Declaration
and these By-Laws and amendments thereto.
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(b) Each owner shall always endeavor to observe and
promote the cooperative purposes for the accomplishment of which
this condominium project was built.
6. Use of Units; Internal Changes:
(a) Each Unit, other than any Unit owned by
Declarant or designated as a commercial Unit, shall be utilized for
residential purposes only; provided, however, such shall not
prevent rent or lease of a Unit by an Owner to a lessee or renter
to use for residential purposes.
(b) An owner shall not make structural modifi-
cations or alterations to his unit or installations located therein
without the written approval of the Board of Managers, and then
only in accordance with the provisions of the First Amended Condo-
minium Declaration. The Board of Managers shall be notified in
writing of the intended modifications through the Managing Agent,
or, if no Managing Agent is employed, then through the President of
the Board of Managers. The Association shall have the obligation
to answer an owner's request within fifteen (15) days after such
notice, and failure to do so within such time shall mean that there
is no objection to the proposed modifications or alterations.
7. Use of General Common Elements and Limited Common:
Each owner mayusethe general common elements, those limited
common elements which he is entitled to use, sidewalks, pathways,
roads and streets and other common elements located within the
entire condominium project in accordance with the purpose for which
they were intended without hindering or encroaching upon the lawful
rights of the other owners, and subject to the rules and
regulations contained in these By-Laws and established by the Board
of Managers as is provided in paragraph 9 of this Article.
8. Right of Entry:
(a) An owner shall and does grant the right of
entry to the Managing Agent or to any other person authorized by
the Board of Managers in case of any emergency originating in or
threatening his unit, whether the owner is present at the time or
not.
(b) An owner shall permit other owners, or their
representatives, to enter his unit for the purpose of performing
installations, alterations or repairs to the mechanical, electrical
or utility services which, if not performed, would affect the use
of other unit(s); provided that requests for entry are made in
advance and that such entry is at a time convenient to the owner.
In case of emergency, such right of entry shall be immediate.
9.
Rules and Regulations:
(a) The initial rules and regulations, which shall
until amended or supplemented by the Board of
annexed hereto and made a part hereof as Schedule A.
be effective
Managers, are
(b) The Board of Managers reserves the power to
establish, make and enforce compliance with such additional
reasonable house rules as may be necessary for the operation, use
and occupancy of this condominium project with the right to amend
same from time to time.
10. Destruction and Obsolescence: Each owner, upon
becoming an owner of a condrnrrrnium unit, thereby grants his power
of attorney in favor of the Association and/or the Insurance
Trustee, as appropriate, irrevocably appointing the Association
and/or the Insurance Trustee his attorney-in-fact to deal with the
owner's condominium unit upon its damage, destruction or
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obsolescence, all as is provided in the First Amended Condominium
Declaration.
ARTICLE XII
COMMITTEES
1. Designation: The President may, but shall not be
required to, appoint an executive committee.
2. Executive Committee: The executive committee shall
consist of three (3) persons who are members of the Board of
Managers and who shall be appointed by the President from the
members of the Board. The President shall be one (1) member. The
executive committee shall supervise the affairs of the Association
and shall regulate its internal economy, approve expenditures and
commitments, act and carry out the established policies of the
Association and report to the Managers at each meeting of the
Board. The executive committee may hold regular meetings, monthly
or as it may in its discretion determine. Special meetings may be
called at any time by the chairman of the committee or by any of
its members, either personally or by mail, telephone or telegraph,
and a special meeting may be held by telephone.
3. Nominating Committee: Before each annual meeting,
the President shall appoint a committee of three members who shall
nominate candidates for the Board. The names of the candidates
shall be submitted on or before thirty (30) days before the
election. Members may submit names of candidates other than those
submitted by the nominating committee at least ten (10) days prior
to the election. Unless such names are submitted, either by the
nominating committee or by the members, no person shall be elected
whose name is not so submitted unless no nominations are made, in
which event the names of candidates shall be submitted at the
election by the members.
4. Vacancies: A vacancy in any committee shall be
filled by the President.
ARTICLE XIII
ASSOCIATION - NOT FOR PROFIT
1. Association Not for Profit: This Association is not
organized for profit. No members, member of the Board of Managers,
officer or person from whom the Association may receive any
property or funds or shall receive or shall be lawfully entitled to
receive any pecuniary profit from the operation thereof, and in no
event shall any part of the funds or assets of the Association be
paid as salary or compensation to, or distributed to, or inure to
the benefit of any member of the Board of Managers, officer or
member; provided, however, always (1) that reasonable compensation
may be paid to any member, Manager or officer while acting as an
agent or employee of the Association for services rendered in
effecting one or more of the purposes of the Association, and (2)
that any member, Manager or officer may, from time to time, be
reimbursed for his actual and reasonable expenses incurred in
connection with the administration of the affairs of the
Association. Rent receipts received by the Managing Agent shall be
deemed the property of the owner, and deposits to the Association
bank account shall be deemed only as a convenience to owners.
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ARTICLE XIV
MORTGAGEES AS PROXIES
1. Mort~agees as Proxies: Condominium unit owners shall
have the right to ~rrevocaoly constitute and appoint a mortgagee or
the beneficiary of a trust deed their true and lawful attorney to
vote their unit membership in this Association at any and all
meetings of the Association and to vest in such mortgagee or
beneficiary or his nominee any and all rights, privileges and
powers that they have as unit owners under the Certificate of
Incorporation and By-Laws of this Association or by virtue of the
recorded First Amended Condominium Declaration. Such proxy shall
become effective upon the filing of a notice by the mortgagee or
beneficiary with the Secretary of the Association at such time or
times as the mortgagee or beneficiary shall deem its security in
jeopardy by reason of the failure, neglect or refusal of the
Association, the Managing Agent or the unit owners to carry out
their duties as set forth in the First Amended Condominium
Declaration. A release of the mortgage or deed of trust shall
operate to revoke such proxy. Nothing herein contained shall be
construed to relieve condominium unit owners, as mortgagors, of
their duties and obligations as condominium unit owners or to
impose upon the mortgagee or beneficiary of the deed of trust the
duties and obligations of a unit owner.
ARTICLE XV
VOTING BY MAIL
The Board of Managers may determine that an election for
a member or for members of the Board, for an amendment or
amendments to the Articles, or for a proposed plan of merger,
consolidation, or dissolution be by votes of members by mail. In
the event such election be held by mail for a member of the Board
of Managers, it shall require for a valid election an affirmative
vote of a majority of the votes members are entitled to cast, as
defined in Article II, paragraphs 2, 3 and 4. Election by mail for
proposed amendments to the Articles or for a proposed plan of
merger, consolidation, or dissolution shall require to be valid the
affirmative votes of two-thirds of the votes that members are
entitled to cast in such an election, as defined in Article II,
paragraphs 2, 3 and 4.
ARTICLE XVI
COMMON ELEMENTS AND RECREATIONAL FACILITIES
1.
elements are:
The major recreational facilities which are common
swimming pool and jacuzzi.
2. New additions of general and limited common elements
may be made by the Declarant (as defined by the First Amended
Condominium Declaration) or by the Declarant's successors, if
permitted by the recorded First Amended Condominium Declaration and
if the expense for installation of such additions are paid for by
the Declarant or the Declarant's successors. New additions of
general and limited common elements may be made by the Association
subject to the provisions of Articles IV, paragraph 3(k). A unit
owner's ownership interest in any new or existing common elements
shall be appurtenant to such unit. In the event of the addition of
new common elements, a unit owner's voting power in the Association
will not be changed other than to reflect additional unit owners in
the event that additional units are added to the condominium
complex. In the event of the addition of units, the number of
votes which the owners of existing units are entitled to cast shall
not be reduced and the number of votes which the owners of the new
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units shall be entitled to cast shall be
as was the number of votes to which the
entitled (as designated in the First
Declaration).
computed on the same basis
existing unit owners are
Amended Condominium
IN WITNESS WHEREOF, the undersigned has hereunto set its
hand and official seal this ____ day of , 1984.
RESORT INVESTMENT CORPORATION, INC..
a Delaware corporation
(SEAL)
Attest:
By:
President
, Secretary
STATE OF COLORADO )
)ss.
COUNTY OF PITKIN )
The foregoing First Amended By-Laws of the Aspen Ski
Lodge Condominium Association were acknowledged before me this
day of 1984 by as
President and as Secretary of Resort
Investment Corporation, Inc.
My commission expires:
Witness my hand and official seal.
Notary Public
Address:
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SCHEDULE A
RULES AND REGULATIONS
1. Any common sidewalks, driveways, entrances, halls,
stairways and passageways shall not be obstructed or used by any
unit owner for any other purpose than ingress to and egress from
the units.
2. Except as to the areas termed limited common
elements, no article shall be placed on or in any of the general
common elements except for those articles of personal property
which are the common property of all of the unit owners.
3. Unit owners, members of their families, their guests,
residents, tenants or lessees shall not use sidewalks, driveways,
entrances, halls, stairways and passageways as play area(s).
4. No vehicle belonging to or under the control of a
unit owner or a member of the family or a guest, tenant, lessee or
employee of a unit owner shall be parked in such manner as to
impede or prevent ready access to any entrance to or exit from a
building. Vehicles shall be parked within designated parking
areas. Any traffic flow markings and signs regulating traffic on
the premises shall be strictly observed. Vehicles parked on common
elements shall be moved by the vehicle owners whenever necessary in
order to permit maintenance and snow removal. No unused, abandoned
or damaged vehicles shall be left on common elements. No car,
truck, motorcycle or any other motor vehicle shall be repaired any-
where on the condominium property. No person shall live or sleep
in any recreational vehicle of any size on the common elements.
5. No work of any kind shall be done upon the exterior
building walls or upon the general or limited common elements by
any unit owner, without the express written consent of the Board of
Managers. Such work is the responsibility of the Association.
6. No owner, resident or lessee shall install wiring for
electrical or telephone installations or for any other purp~se, nor
shall any television or radio antennae, machines or a~r
conditioning units be installed on the exterior of the project,
including any part of any balcony or patio, or that protrude
through the walls or the roof of the condominium improvements
except as may be expressly authorized by the Association.
7. Owners and occupants shall exercise reasonable care
to avoid making or permitting to be made loud, disturbing or
objectionable noises, and in using or playing or permitting to be
used or played musical instruments, radios, phonographs, television
sets, amplifiers and any other instruments or devices in such
manner as may disturb or tend to disturb owners, tenants or
occupants of other units.
8. Disposition of garbage and trash shall be only by the
use of garbage disposal units or by use of common trash and garbage
facilities.
9. The balconies, terraces, decks or patios, if any,
shall be used only for the purposes intended and shall not be used
for hanging garments or other articles or for cleaning rugs,
household articles or other items. No rugs or other materials
shall be dusted from windows, balconies, decks or patios by beating
or shaking. Patios and balconies shall be kept free of garbage,
debris, trash, bicycles, tires, animal droppings, laundry, or other
unsightly storage.
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10. The Association assumes no liability for nor shall
it be liable for any loss or damage to articles stored in any
common or other storage area.
11. Any damage to the general common elements or common
personal property caused by the owner or a child or children of a
unit owner or their guests or the guests of a unit owner shall be
repaired at the expense of that unit owner.
12.
the units or
driveways and
No pets or animals of
on the general common
sidewalks.
any kind shall be permitted in
elements, including lawns.
13. Pools and jacuzzis are for the exclusive use of
owners and their guests only. Children under the age of 16 years
may use the recreational facilities only if accompanied by a
responsible adult over the age of 21 years. The recreational
facilities are for the use of the owners and their guests in
residence. Guests or renters are not allowed to have guests who
are not staying on the premises. No owner may have more than three
guests under the age of 16 years use the recreation facilities at
any time and guests must at all times be accompanied by the owner.
No individual may use the pool between the hours of 10 p.m. and 10
a.m. All individuals are to conduct themselves in such a manner as
to promote a healthy, safe, quiet environment for the recreational
areas. At no time shall any glass bottles, containers or drinking
glasses be permitted on pool decks. No running or horseplay is
allowed on pool decks. All persons in the recreation areas shall
refrain from making loud or boisterous noises.
14. With the consent of an owner the Managing Agent, or
if there is no Managing Agent, then the Board of Managers, may
retain a pass key to each unit. In the event that the owner does
not so permit retention of a pass key, the Managing Agent or, if
there be none, the Board of Managers, its employees and/or agents
may make a forcible entry into such unit when the Managing Agent or
Board of Managers believes that an emergency requiring such entry
exists. So long as such entry is made upon a bona fide belief of
emergency, the owner shall have no recourse for any such forcible
entry against the Managing Agent or Board of Managers or the person
or persons who actually effect such forcible entry.
The foregoing Rules and Regulations are subj ect to
amendment and to the promulgation of further regulations.
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
AFFIDAVIT OF DAVID F. JONES
CONCERNING SERVICES AND
UPGRADE AT MOLLY GIBSON
LODGE
The affiant, DAVID F. JONES, being first duly
sworn, upon oath states as follows:
1. I am the owner of the Molly Gibson Lodge
located on Lots 0, P and Q, Block 59, City and Townsite of
Aspen, and have been since May, 1975.
2.
amenities for
three years:
We have provided the following services and
guests of the Molly Gibson Lodge for the last
a. Continental Breakfast.
b. Front desk check in and check out service
from 8:00 a.m. to 8:00 p.m. seven days a week
during the high season. Check out time is 10:00
a.m. and check-in time is 3:00 p.m. When guests
arrive at the desk, they are given their room key,
signed in and advised of the available amenities
and given additional information to enhance their
visit. Late arrivals, after the desk is closed,
are signed in by the resident manager or, if the
resident manager is out, a key to the room and a
note explaining the location of the room and the
time for breakfast are left on the office door.
c. No transportation has been provided for
guests by the Lodge in the past three years.
d. Amenities available to the guests provided
by the Lodge have included:
1) Continental breakfast
2) Outdoor swimming pool
3) Outdoor jacuzzi (installed in 1983)
4) Bar and lounge (bar installed in
1983--replaces wine-tasting, sherry
and champagne parties)
5) Cable TV, including RBO
6) Conference room (installed in 1983)
7) Daily maid service
".' "
e. On-site management of excellent quality
year-round, with reduced hours during offseasons.
3. The Lodge has provided one manager's unit in
the past for employee housing, approximately 300 square feet
in size, containing two twin beds (two pillows).
4. From October, 1982 through August, 1983, I
have spent approximately $218,000.00 in upgrading the Molly
Gibson Lodge. Included in the upgrading were:
a. Remodeling of fireside lounge (common
area) and installation of a new bar for guests in
the lounge, with a full liquor license.
b. Installation of new conference room and
furniture.
c. Painting of all doors and frames.
d. Installation of additional landscaping,
including new planters around jacuzzi.
e. Remodeling and refurbishing upstairs guest
rooms.
f. Improving maintenance systems.
g. Installation of outdoor jacuzzi.
Back up documentation can be provided if it is
deemed necessary.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
January,
sJ-
Subscribed and sworn to before me this~ day of
1984 by David F. Jones.
WITNESS my hand and official seal. l~
My commission expires: MvCommlSSlOlllXlIIres FebnJII'Y 11.
~'f ~ ;;l, t1r
Notary P ic -
Address: IlltfMrMCII!IlIlIlI"-
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