HomeMy WebLinkAboutcoa.lu.ec.Nugget Lodge(Hotel Aspen) Main Street
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CASELOIlO SUMMIIRY SHEET
City of Aspen
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CfoSI$' _0.0 %3 A - 8 L{
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PROJECT NAME:~ AlUtJ'jOf- i.LJd(f~nj()~/UA'Y11 . u>c'-Md:.
APPLICANT:-.1h.~ 1l-~", G-rov P J "'1:nC. Ph<:ne:
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REPRESENTATIVE: GicUDVI ~ r\S'~".lWhone: "2-( -rib!.
TYPE OF APPLICATION:
(FEE)
I. GMP/SUBDIVISION/PUD (4 step)
1-
2.
3.
Conceptual Submission
Preliminary Plat
Final Plat
($2,730.00)
($1,640.00)
($ 820.00)
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II. SUBDIVISION/PUD (4 step)
1- Conceptual Submission
2. Preliminary Plat
3. Final Plat
III. EXCEPTION/EXEMPTION/REZONING (2 step)
IV. SPECIAL REVIEW (1 step)
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
../
($ 680.00)
1. Special Review
2. Use Determination
3. Conditional Use
4. Other:
P&Z MEETING DATE: P>p~~\"'"
CC MEETING DATE:
DATE REFERREO:~
REFERRALS:
\~City Attorney
~City Engineer
~. Housing Director
_____Aspen Water Dept.
_____City Electric
Environmental Hlth.
Fire Chief
_____School District
_____Rocky Mtn. Natural Gas
State Hwy Dept. (Glenwood)
State Hwy Dept. (Grd. Jctn
V Building DePt.-'-"'l>o~
Other:
_____Aspen Consolo S.D.
Mountain Bell
_____parks Dept.
_____Holy Cross Ele~tric
Fire Marshall
~OUTING:
_____City Attorney
~ If ,
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_Other: \"n--,). <~, \ "
~ity Engineer
DATE ROUTED:
~ilding
q!d-s(N
J
u
Dept.
FILE STATUS AND
.~ CA~~'\~3~_____Other:
LOCATION:~rr{lAM1ll j 61fF;) ch~ IJ.w
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DISPOSITION:
CITY P&Z REVIEW: 8'
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Ordinance No. ~
1. Submission and recordation of a condominium map.
2.
The applicant and future condominium association is subj ect '\
to participation in future improvement districts by covenant
pursuant to the City's standard language.
3. The condominium declaration and associated documents must be
approved by the City !'.ttorney follo~ling approval and prior
to 'recordation.
4. Submission of plans to upgrade the lodge by a value of at
least $350,000 to the Building Department ~lithin nine (9)
months of this approval and the work must be completed within
twelve (12) months of the issuance of the building permit.
5.
Execlltion of a promissory note payable to the City secllred
by' a trust deed encumbering the lodge property to assure
that the physical upgrading will be accomplished. The terms
of the note shall be set out in Section 20-23 (A) (6) (c) of
the Code.
6.
A deed-restriction
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Ordinance No. 25
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EXHIBIT D
D ~@~OWl&~
L ftLG-819M11
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flEflORI,NDUIl
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Planning Office
Attn: Colette Penne
FRatl:
James L" Adamski, Director of Eousinn
DI,TE:
T'LL19ust 7, 1984
EE:
Nugget Lodge Subdivision Exception and zoning
Correction
I. PRO,JECT
A. Description: the Aspen Group, Inc. is seeking approval
to condominiumize the Nugget Lodge. Concurrently
with the conclominiumization is 2. reGuGst that the
entire parcel be re-zoned to L-3. A small portion
or the parcel V12S left out of: the 1(3(:i21 description
included in the cl,:f';s action L-3 tiC-zoning that \"!?~~
accomplished by Ordinance 68, Series or 1982.
B.
Applicant:
The }\spen Group, Ioc.
c.
Project Consultant:
Gi6eon !(aufman
Attorney for Applicant
611 ~1est f1ain Street
Aspen, Colorado 81611
(303.) S?5-81G6
D. Location: on a certain real property situated in the
City of !~spen described as the East 1/2
of I,ots E and 0, all of Lots F, G, H, I,
P, 0, Rand S, BLock 5R, City and Townsite
of Aspen, Pitkin County, Coloraco.
II. !lOUSING lWTHORTTY PEVI8H
The applicant proposes to either use the 520 square feet
Hhich has been tracE tionally used for employee housing
or a comparable on-site unit will be permanently designated
as employee housing. This unit can accoDmodate the re0uired
two pillows of employee housing.
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III. W1USING AUTHORTTY REcormEI.JDATIO!1
If the conclominiumization and the re-zoning are approved,
the Housing Authori ty requests that the approval be condi tionecl
on the fOllowing:
1. The Lodge will continue to provide two sleeping accomDO-
dations for employee use in accordance VIi th the INl
income guidelines effective at the time of condominiumi-
zation.
2. Verification of emploYlaent and income of Qualified
tenant shall be furnished to the Housing Office before
execution of a rental lease.
3. A cony of the executed rental lease shall be furnished
to the Housing Office upon approval of the tenant's
qualifications.
4. A designation and description of the employee units
will be provided and shall be approved by the Housing
Office in accordance \'lith section 20-23, paragri?cph
(C) (6) of the Ilunicipal Code of the City of Aspen
Colorado.
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MEMORANDUM
TO: Mayor Bill Stirling & City Council
THRU: Harold Schilling, City Manager
FROM: Colette Penne, Planning Office
SUBJECT: Subdivision Exception for the purpose of Condominiumizing
the Nugget Lodge and a Rezoning sponsored by the Planning &
Zoning Commission to correct an error.
The Nugget Lodge is located at 110 N. Main
DATE: August 27, 1984
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SUMMARY
The Planning Office and the Planning and Zoning Commission recommend
the rezoning of the east one-half (1/2) of Lots E and 0 to L-3 to
correct an error. (At the time the L-3 class action rezoning was done
these portions of lots were inadvertently omitted). Ordinance #25
(Series of 1984) is attached to this memorandum as Exhibit A for your
first reading to start the rezoning process.
The Planning and Zoning Commission and the Planning Office further
recommend subdivision exception for the purpose of condominimization
of the Hotel Aspen (formerly the Nugget Lodge). Conditions to this
approval are also recommended and Idll be enumerated in the proposed
mot ion.
PREVIOUS COUNCIL ACTION
This is the first presentation of the subdivision exception request
before Council. The prior rezoning was part of the class action city-
wide L-3 rezoning, so a determination of the full parcel's compliance
with the criteria of rezoning has been made and this will fill in a
portion of the parcel which was omitted.
BACKGROUND
The Nugget is an L-3 lodge and is well below the permitted maximum 1:1
FAR in the L-3 zone. The calculated floor area ratio is presently
about 0.53: 1. Section 20-23 of the l1unicipal Code regulates the
condominimization of lodges. It is the intent of lodge condominium-
ization 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 submitted by the applicant which will be
recorded with the Clerk and Recorder's Office.
The rezoning that is being requested and sponsored by Planning and
Zoning seeks to correct an error. That error was made when the
class action L-3 rezoning was accomplished by Ordinance 68, Series of
1982. The legal description supplied by the applicant inadvertently
omitted the east one-half (1/2) of Lots E and O. This rezoning of the
omitted area would make the entire parcel zoned L-3 and would correct
the earlier error. The legal description of the full parcel is:
The east one-half of Lots E and 0, and all of Lots F, G, H, I, P,
Q, R, S, Block 58, City and Townsite of Aspen.
PROBLEM DISCUSSION
Section 20-23(A)(2) requires that a condominiumized lodge provide a
minimum of two pillows of employee housing or that amount of employee
housing that has been provided for three (3) years previous to the
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time of condominiumization, whichever is greater.
The employee housing "traditionally" provided was 520 s. f. The unit
to be deed-restricted is Unit #100 which is 584 s.f. and can accommodate
the required two pillows.
The owners' personal use restriction imposed by Section 20-23(1)(a) is
included verbatim in the Condominium Declaration on page 25, Item 35.
Similarly, the assessment for violation of the Personal Use Restriction
and methods for collection are set out in the Declaration as required
by Section 20-23(1)(b) as Item 36 on page 25. Item 37, page 26 states
that "the City of Aspen shall have the right to require from the
association an annual report of owners' personal use during high
season for all the condominium units."
An affidavit of lodge services has been submitted by the applicant,
describing on-site management, maintenance, and other tourist accommo-
dation services during high seasons for the past three years. On-site
management has been available from 8:00 A.M. to 10:00 P.M. Maintenance
not handled by on-site management has been contracted to outside
professionals.
The commitments made in the Condominium Declaration which show com-
pliance with previous levels of services are made on Page 26 and 27:
" (1) On-site management from 8: 00 A. H. to 10: 00 P. I-I. seven days a
week between December 18 and March 20, and between June 15
and Labor Day weekend of each year;
(2) Twenty-four (24) hour services on call between December 18
and March 20, and between June 15 and Labor Day weekend of
each year;
(3) A buffet breakfast of baked goods, )U1Ce, cereal, coffee or
the equivalent between December 18 and March 20, and between
June 15 and Labor Day weekend of each year;
(4) The following amenities shall be available to the lodge
guests; buffet breakfast (during high season only), cable
television, lobby common area, telephone in room, bellman
service on request;
(5) Front desk service between 8:00 A.~!. and 10:00 P.M. seven
(7) days per week between December 18 and March 20 and
bebleen June 15 and Labor Day weekend of each year, which
service shall include check-in, key pick-up and check-out; and
(6) Maid service for the lodge guests on a daily basis between
December 18 and March 20 and between June 15 and Labor Day
weekend of each year.
Transportation services have not been provided nor are they proposed.
The condominium units must remain available to the general tourist
market. The Nugget has been a member of the Aspen Resort Association
and the Chamber of Commerce. They commit to remaining a member of the
Aspen Resort Association and to advertising in the Aspen Yellow Pages.
The applicants have submitted that the common areas of the lodge
"shall remain common areas and be maintained in a manner consistent
with their previous character. Any changes, alterations or renovations
made to common areas shall diminish the size nor quality of the total
common areas, but shall improve them."
The lodge must be physically upgraded as a result of the condominium-
ization. The applicant intends to comply with Section 20-23(A) (6) (a)
by upgrading the lodge through investment of an amount equal to or
greater than thirty (30) percent of the assessed value of the property,
as condominiumized. Current assessed vallie is $136,310 according to
information the applicant was supplied from the County Assessor's
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Office. A twenty percent (20%) increase is attributed to condominium-
ization, bringing the value to $163,000. Thirty percent (30%) of this
value is about $48,900. The applicant commits to spending $350,000 on
improvements. This expenditure will be considerably in excess of the
requirement. Plans must be submitted to and approved by the City
Building Inspector within nine (9) months of condominiumization
approval and the upgrading must be completed within twelve (12) months
after the building permit for such upgrading is issued.
Subsection (c) requires that the applicant execute a promissory note
payable to the City secured by a trust deed encumbering the lodge
property to assure that the physical upgrading is accomplished. This
is included as a condition of approval.
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 twenty-one (21) years. Any
modification of this condominiumization shall only be by written
agreement to the City Council and the owner or owners of the condomin-
iumized 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.
The Engineering Department has noted that the new property owner
intends to request vacation of the alley, and they suggest three (3)
requirements that this action should make a part of the record. They
would be conditions of the alley vacation request rather than of this
action. They are outlined in the attached comments of Jay Hammond's
memo of July 25, 1984. (Exhibit B)
The comments of the City Attorney's Office are submitted as Exhibit C
and those of the Housing Authority as Exhibit D. Also attached as
Exhibit E are the Area and Bulk calculations for the parcel.
RECOMMENDATION
The Planning Office and Planning and Zoning Commission recommend the
rezoning of the east one-half (1/2) of Lots E and 0 to L-3 to correct
an er ror. Ordinance 25, Ser ies of 1984 is attached for fir st reading
to accomplish this rezoning. The Planning and Zoning Commission and
Planning Office further recommend subdivision exception for the
purpose of condominiumization of the Hotel Aspen (formerly the Nugget
Lodge) with the following conditions:
1. Submission and recordation of a condominium map.
2. The applicant and future condominium association is subject
to participation in future improvement districts by covenant
pursuant to the City's standard language.
3. The condominium declaration and associated documents must be
approved by the City Attorney following approval and prior
to recordation.
4. S ubmi ssion of plans to upgrade the lodge by a val ue of at
least $350,000 to the Building Department within nine (9)
months of this approval and the work must be completed within
twelve (12) months of the issuance of the building permit.
5. Execution of a promissory note payable to the City secured
by a trust deed encumbering the lodge property to assure
that the physical upgrading will be accomplished. The terms
of the note shall be set out in Section 20-23 (A) (6) (c) of
the Code.
6. A deed-restriction approved by the City Attorney mllst be
filed with the Clerk and Recorder of Pitkin County, Colorado,
restricting Unit #100 to low-income employee housing guide-
lines; the verification of employment and income of qualified
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tenant shall be furnished to the Housing Office upon approval
of the tenant's qualifications; a designation and description
of the employee units will be provided and shall be approved
by the Housing Office in accordance with Section 20-23(c) (6)
of the Municipal Code.
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The name should be changed from the "Hotel Aspen" under the
criteria of Section 20-12(b) because of the confusion of so
many similar lodges' names in town. Further, the use of the
term "hotel" is deceptive considering the perception of the
term by the general public.
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PROPOSED MOTIONS
"I move to approve subdivision exception for the purpose of
condominiumizing the Nugget Lodge with the seven conditions
enumerated above. I furthe: _ croval of Ordinance 25,
(Series of 1984) on first reading."
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HOOK
48~ PAGE 42
STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN EXISTING LODGE
WHEREAS, THE HOTEL ASPEN, LTD., a Colorado
corporation (hereinafter referred to as "Applicant"), is the
owner of certain real property situate in the City of Aspen,
Pitkin County, Colorado, described as the East ~ of Lots E
and 0, all of Lots F, G, H, I, P, Q, Rand S, Block 58, City
and Townsite of Aspen, having the street address of 110 W.
Main St., Aspen, Colorado 81611, Formerly known as the
Nugget Lodge and now known as The Hotel Aspen, a
condominium; and,
WHEREAS, Applicant has requested an exception from
the full subdivision process for the purpose of
condominiumizing the existing lodge on the above described
real property (said lodge formerly known as the Nugget Lodge
and now known as The Hotel Aspen, a condominium); and
WHEREAS, the Aspen Planning and Zoning Commission,
at its meeting of August 7, 1984, determined that such
exception would be appropriate and recommended that the same
be granted subject, however, to certain conditions; and
WHEREAS, the City Council determined at its
meeting of August 27, 1984, that such exception was
appropriate and granted the same subject, however, to
certain conditions, as set forth herein;
NOW THEREFORE, the City Council of Aspen, Colorado
does determine that Applicant's application for exception
from the full subdivision process for the purpose of
condominiumization of the existing lodge formerly known as
the Nugget Lodge and now known as The Hotel Aspen, a
condominium, is proper and hereby grants exception from the
full subdivision process for such condominiumization and
hereby approves applicant I s plan for condominiumization in
accordance with the conditions of approval that have been
incorporated by Applicant in the Condominium Declaration and
the Condominium Plat of The Hotel Aspen, a condominium.
Dated this ~ day 0
1985.
KNECHT, MAYOR PRO TEM
APPROVED AS TO FORM:
~- ~7~~
PAUL J. TADDUNE, CITY ATTO NE
I, KATHRYN S. KOCH, do hereby certi fy that the
foregoing statement of exception from the full subdivision
process for the purposes of condominiumization of an
existing lodge known as the Nugget Lodge and to be known as
The Hotel Aspen, a condominium, was considered and approved
by the City Council at its regular meeting held August 27,
1984, at which time the Mayor was authorized to execute same
on behalf of the City of Aspen.
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MEMORANDUM
TO: Aspen City Council
THRU: Hal Schilling, City Manager
FROM: Colette Penne, Planning Office
SUBJECT: 2nd Reading of Ordinance 25
DATE: September 25, 1984
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SUMMARY:
We recommend the adoption of Ordinance 25 on second reading. The
Ordinance corrects an error made in the rezoning of the parcel during
the class action L-3 rezoing.
PREVIOUS COUNCIL AaroN:
Council passed Ordinance 25 on first reading on August 27, 1984. At
that same meeting, subdivision exception approval was given for the
condominiumization of the Hotel Aspen, with conditions.
BACKGROUND:
The rezoning that is being requested and sponsored by the Planning and
Zoning Commission seeks to correct an error. That error was made when
the class action L-3 rezoning was accomplished by Ordinance 68, Series
of 1982. The legal description supplied by the applicant at that time
inadvertently omitted the east one-half (1/2) of Lots E and O.
RECOMMENDATION:
We recommend the adoption of Ordinance 25 so that the OIIIitted area
would be rezoned to L-3, making the entire parcel L-3 and would
correct the earlier error. The legal description of the full parcel is:
The east one-half of Lots E and 0, and all of Lots F, G, H, I P,
Q, R, s, Block 58, City and Townsite of Aspen.
PROPOSED MOTION:
"I move for adoption of Ordinance 25, Series of 1984, rezoning the
east one-half (1/2) of Lots E and 0, Block 58, City and Townsite of
Aspen."
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TO:
L:e Penne, ?12.nninc:; Of;ice
L:e:s L.. 1'.G2.Ds}:i, Director or Housing
Fr:OI::
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I 21;[ '.7ritin~' L-~l.s ?-;CElO pursuz;nt to our convGrsD.tion '.lit.ll Ciocon
:Zau:.CDcu1 conc2rning t~:e I10usins Oi:i:ice rc::coIl1uenGation for tbe
Cor.d07:1inil..lJ:.li::&tion E,t t~~E: r'u9Set Loc1(i(~. S>cci:::icc:.ll....1r I:r. :~au:Era.:.nls.
,~ conC,....,rni:::.(~ t.Tit:: :-:'e- :-:O'lO"l"'1C1 cO::"-;l'~--;O-l'. ... ,
..1........ J_ "'-_. _..... ,,__ ~. 1.....1 .L..l.. .. 1 oJ ..1C, '-- . .
'-'.. l_ dCGc.-restriction &PijrOv2c: by the; Cit.y ;~ttorr~cy uust
iJe filed \lith thc~ Cl(:r;: o.no ?ecordcr of ritJ:in County
Colof2.clo, festrictinC] Unit :::;100 t.o IO\J-inco!Jc crnploycG
housin9 suicJeline:::.:; veriiicc:"t:.ion 01: 8:-;lploy~::t2nt unO. incoL1c~ of
c~uu..li:cicd tcn2nt sll2.l1 1:::0 :-:urnished to tIle I:!GL:sing Office
UT)On e.pDfoval of the t211unt' s ciU~lific2..tioni 2. GGsiol1c-:tion
;:, ~,rl r~'::::'~ .....cr.; :v;.....l. or, O-L~ ,.'.,-: P f:.;" r',l ('/\7 ~->P un l' +. \D~7 ~- ~'l ~ ','ou C' i nc .oJ O';=f; C'""
....c...... ~.......... ....r;:,L... L. __ '---"..'._ .....1 '--- . ~ .I ...d. '-- + ...., ..J -.... <.;;
ia accor~2.ncc '.lith '=:cction 20-23 (c) (C) or thi2 I-Iunicipal Code.
12r. ~~2.u[mC~~-i t s first ql1~stion conccrnstl1E: intcITc. o~ the cocic.:. nr.
IC~~~man st&tes th2t tll2 intent of the Lo6S2 Con~oilliniumiz2tion
Or (i n.:~ n ce 'i1 as no t to yr 0'] 1 oe CO:'cl1.1un J. Ci 21,1~)1 oy 20. hons ins 1 bu t F
r2.tl1cr provide employe:2 110USii1S for l?E:rsol1s cLlploye6 by t:1C loL:ge
(S0'2 j~tt2c~1L:ent I,.). I-Ie c:lso s'cc,te~ t1-1.:.t louse e;di;lo~le2s ,;..'ould ~'lcrk
sec.son2.11y ;;.~nc1 are transient in natc:r2, the:refore; resiJen'ce
r2guirCD2nts are not 2D iS3U0.
T:1:2 Ilousinc; C:;:.z ice c1s:r.2es ".-:i tL !if. :::atl~;,121111 s in:ct::r precL.tion 0;: t.l12
~~~~7;~~ ~~3~y~1~i~L~~ a~:,~cl\20c:;~~(;UE~~~iCc~::.i c~'"l ~~c?Ot~,~"E; il~1~1~i:J!~.'c~~r~ i~;
\Joule. 2.Cre8 that I>12.1'1":-' 10602 2El:-;loyc;es 2.re trc~nsiE::nt in n(.~tur2 Cin(l
~-ilr-....t;:.,::o,:r YC.C'l' Ul'.'l'C-'" -:;.'c~"-"1~ :::"::O-'-.":)'r'z.~-. r~..ou.1C' '10'- 0' ,~, '-"~1 -i C'c.:'l'~
L.~~L.LI.:...L -'-~ _0;.:;.,-, '-. 0.:;:; ....,_'..;,'-'.l.............,'- L"'-'> ....Al ...L.. '" . ".. c....~ _.)0'0...::;:.
S2C0r1c':lYr 1.r. ::2.UfL12..L. (Juestions re2.tric:cinS tile e:.11?lo~le2 units to
lc\-;-incol.1C: SL:.ic:l(";lines. Ee; E1t2.te.c t:12t 2ixoloyees to be house~ at
th: lod(~;2 ~.7ill rElllSl: in inco:~1E: :CrOlL: 2. u~~fos s2.1ary to th2t of 2-
ldZln&ger f;;,nG tl~c:reiore the uni'i.:s sho111(~ be restrictec.i to fe_II
\,Ii,thin tl-ie Eou~jins l\L!.ti~ori ty Gui6e:J.ine.r:.; i. e. 10\7; l,1ocle:rz'i te
or L"li c~cil e.
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The Housing Office understands e~Jployee incOI<les vary, hm!ever, it
is our belief that most lodge employees are lo'~" income and that
in order for these euployees to be housed on-site that lodge
restricted units should be restricted to 10\1 incowG price <juiC::e-
lines. This sho111cI not preclude housing LlOc1erz:te or mic\c11e
incor:lc e;nployees of the: lodge as indiviC:ual loclS2 needs dicte.te,
l:o\I~'l(:r 1 tl-le rent cl-~arsed for 8"i1ployee units mu:;t b0 z:ccording to
t.he Eousin~; J~u'i.:.llority 101' incoEe Suic:c:linc.
l.n .::all,l!jC;r~!r it is c.Lc Eousing ~-~utl;orit.y's LlQsition tl12t Cl18
intent of the Lo(~sc Conuo~~;iniuDiz2tion Coe:: for Gi111/1oyc,2 housinl]
Hi:.:.L -co pro\7~9'2 (::iil~,lo~?02 bOL1si~-l~:. on.-sit2 for. l~hos(~. .p2r~or:s nCCG?6
to support "Cii2 lOLSc: &1 so ti:"c.:.C 111 supf)orclng "cne In"Cent tue
j~ousins '~Ut:10:- i ty bc;l i 8\'" e.s the eL1i...1oye2 u:li ts s~1oul ( De rest.r ictl:(~
~o _10\7 i~CO:;ll? S~liJ~lin2S.. occufi2~1 _b::l v2ri.z:iec,. ci:l~~l?ycc.s of tb2
l.OU~.2 2n0 -::':-~2.t tn,= lLC01.1CS reClt21reJ :cor occupC'.nc~T b2 In 2lccorc1o.l1c2
\.;i th tl1i2 IIousins Autl10ri t:lf s Guic~clines i or 10\'1 f L1oc:lerc. t2 Cd1C
L1i6Cile inCOn1f; persons.
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GIDEON I. KAUFMAN
BOX 10001
315 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
August 27, 1984
HONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN
HAND DELIVERY
Colette Penne
Planning Department
Ci ty Hall
130 S. Galena St.
Aspen, CO 81611
Re: Nugget Lodge Condominiumization
Dear Colette:
I write this letter to you in followup my meeting
with Paul Taddune on Friday August 24, 1984, concerning the
Planning and Zoning Commission condition placed on the
approval of the Nugget Lodge condominiumization and
condition no. 7 in the August 27, 1984, Planning Office
Memorandum to the Aspen City Council.
As discussed I have serious reservations
concerning the City 's ability to attempt to prohibit the
name "Hotel Aspen." My clients have expended a considerable
amount of money in marketing this new project as the Hotel
Aspen and it seems to me that the Planning and Zoning
Commission I s recommendation is beyond the scope of the
authority as well as the intent of the City Code. Section
20-12(b) which the P&Z is using to justify the restriction
specifically states that proposed names of subdivisions
shall not be the same or similar to names used on a recorded
plat in Pitkin County. The reason for this code section is
to prevent conflict, confusion or deception between
subdivisions developed next to or near other subdivisions.
However the legislation was never intended to give the
Planning and Zoning Commission the power to examine and
restrict the names of condominium projects. The name
"Aspen" is utilized by numerous businesses and hotels in
town and it is inappropriate now to try to restrict its use
at this time.
In addition the Planning and Zoning Commission
raised questions about the use of the word "Hotel" in the
name as being misleading. The P&Z felt that it was a lodge
not a hotel. Section 24-3.10 of the Aspen Municipal Code
defines hotels and lodges as "buildings containing three or
more units none of which units contain kitchen facilities
intended for temporary occupancy of guests." There is no
distinction in the Aspen Municipal Code or in custom and
usage in Aspen between hotels and lodges. Therefore the
...
-
'......."
Paul Taddune, Esq.
August 27, 1984
Page 2
objection that it is not a hotel but a lodge is clearly
inappropriate and outside the intent and scope of the Code.
The P&Z has exceeded the bounds of its jurisdiction on this
particular matter. The restriction that they are
reconunending is ~ inappropriate and may not lawfully be
imposed by the City. ^'
Because the Secretary of State is allowing my
clients to use the name "Hotel Aspen" in the name for the
non-profit homeowners' association, all state requirements
for the use of names have been met. Therefore my clients
should be allowed to utilize the name Hotel Aspen for their
lodge condominium project.
I am happy to discuss this matter with you further
at your convenience. Thank you for your help and
consideration of these matters.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
9>> ,.
G'deoFn
By
GK/kl
cc: Robert P. Morris
Paul Taddune, Esq.
,~' .....,
.....,
o~'3H ~1
MEMORARDUM
RE:
~~Taddune, City Attorney
~ay Hammond, City Engineer
Jim Adamski, Housing Director
Jim Wilson, Building Dept.
Colette Penne, Planning Office
Nugget Lodge Subdivision Exception and Zoning Correction
TO:
FROM:
DATE:
June 28, 1984
----------------------------------------------------------------------
----------------------------------------------------------------------
Attached for your review and referral comments is an application
submitted by Gideon Kaufman on behalf of The Aspen Group, Inc., for
the condominiumization of the Nugget Lodge. Concurrently with the
condominiumization, Gideon is requesting that the entire parcel be
rezoned to L-3. A small portion of the parcel was left out of the
legal description included in the class action L-3 rezoning that
was accomplished by Ordinance 68, Series of 1982. Please review
this application and return your referral comments to the Planning
Office no later than July 24, 1984, in order for this Office to have
adequate time to prepare for its presentation before the Planning
and Zoning Commission at a public hearing on August 7, 1984.
Thank you.
,,,,....,,,
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CITYGi()F:~cASPEN
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3'9.25~.2020
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MEMORANDUM
TO:
Colette Penne, Planning Office
AttorneY~
FROM:
Barry D. Edwards, Assistant City
DATE:
July 26, 1984
RE:
Nugget Lodge Subdivision Exception and Zoning Correction
After review of the application and its enclosures submitted
,to us on June 28, I have the following comments:
1. I have spoken with Gideon Kaufman by telephone, and
requested that he supply additional information regarding the
actual ownership of the lodge. Apparently, it is under contract
to his clients, who are the applicants; but, they haven't closed
the contract yet. He is to follow this up with a letter to the
planning office, and a copy to me.
2. The application itself meets the requirements of Sec.
20-23, for condominiumization of an existing lodge. However,
upon viewing the plat, I see that engineering may have some
comments regarding encroachments licenses required, the alley
that appears to run through a used portion of the project,
and other engineering matters. If encroachments licenses are
required, the attorneys office should approve them.
3.
for the
project
We will review the declaration and associated documents
condominium for compliance with Sec. 20-23 if the
is approved by P & Z and Council.
4. The standard requirements for agreement to ]Oln special
improvement districts, etc. should be conditions of approval.
5. The rezoning request appears appropriate, since there
was obviously a mapping mistake if the representations made by
Gideon in his June 27, 1984 letter to Alan Richman are correct.
. V--
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MEMORANDUM
D ~emD\Yl~ n
... 2 619B4 U
TO:
Colette Penne, Planning Office
Jay Hammond, City Engineering ~
FROM:
DATE:
July 25, 1984
RE:
Nugget Lodge Condominiumization and Zoning
correction
-----------------------------------------------------------
-----------------------------------------------------------
Having reviewed the above application and made a site inspection,
the City Engineering Department has the following comments:
1. Condominiumization is subject to submission and recordation
of a condominium map.
2. Condominium approval should be subject to an improvement
district covenant pursuant to the City's standard language.
3. While we are not aware of the legal description utilized
at the time of L-3 zoning, the proposed description would
appear to be correct.
4. Several recent discussions between myself, Dave Gibson,
and Gideon Kaufman would seem to indicate the intention of
the property owner to request vacation of the alley. Our
investigations to date have not revealed a prior vacation
action by the City.
Consideration of such vacation would require the following:
a. Retension of utility easement rights through the
alley.
b. Construction within the alley of structures that
would not obstruct access to buried utilities. Any
cost to remove or replace these items to allow access
to utilities for maintenance or emergency purposes
shall be born by the owner.
c. Provision of an adequate dedication or easement to
formalize the existing alley link to Bleeker.
JH/CO
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~~ GIBSON & RENO . ARCHITECTS
July 31, 1984
NUGGET SQUARE FOOTAGE TAKEOFF
Lot Area:
Zoning:
F_A_R_:
Maximum Height:
% Open Space:
Setbacks:
26,996 S.F.
L-3
1:1
25'
35% (9,449 S.F.)
Front 10', Side
5'
,
Rear 10'
26,996 SF.
EXISTING SQUARE FOOTAGE
Allowable SF.:
Fi rst Level:
3,530 rear buildings
1,063
66
6,874 front
6,764
Second Leve I:
Total:
Available:
18,297 SF.
8,699 SF-
EXISTING OPEN SPACE
13,136 S.F. = 48.7%
35% requi red
PARKING
EXHIBIT E
About 3,687 S_F. of lot area if <>v<>ilable for new parking spaces andior new building
coverage_ This would translate to <> possible additional eleven spaces of <> widened
(22') alley access, or 2,500 S.F., leaving about 1,200 S.F. available for new building
lot coverage.
203 S. GALENA STREET
ASPEN, COLORADO 816~
303/925,5968
,
EXHIBIT C
CIT
SPEN
ree t
611
MEMORANDUM
TO:
Colette Penne, Planning Office
AttorneY~
FROM:
Barry D. Edwards, Assistant City
DATE:
July 26, 1984
RE:
Nugget Lodge Subdivision Exception and Zoning Correction
After review of the application and its enclosures submitted
to us on June 28, I have the following comments:
1. I have spoken with Gideon Kaufman by telephone, and
requested that he supply additional information regarding the
actual ownership of the lodge. Apparently, it is under contract
to his clients, who are the applicants; but, they haven't closed
the contract yet. He is to follow this up with a letter to the
planning office, and a copy to me.
2. The application itself meets the requirements of Sec.
20-23, for condominiumization of an existing lodge. However,
upon viewing the plat, I see that engineering may have some
comments regarding encroachments licenses required, the alley
that appears to run through a used portion of the project,
and other engineering matters. If encroachments licenses are
required, the attorneys office should approve them.
3.
for the
project
We will review the declaration and associated documents
condominium for compliance with Sec. 20-23 if the
is approved by P & Z and Council.
4. The standard requirements for agreement to join special
improvement districts, etc. should be conditions of approval.
5. The rezoning request appears appropriate, since there
was obviously a mapping mistake if the representations made by
Gideon in his June 27, 1984 letter to Alan Richman are correct.
~
""""'
MEMORANDUM
EXHIBIT B
D [i@m D\Ylfg ~
.16_ ~
TO:
Colette Penne, Planning Office
Jay Hammond, City Engineering ~
FROM:
DATE:
July 25, 1984
RE:
Nugget Lodge Condominiumization and Zoning
Correction
-----------------------------------------------------------
-----------------------------------------------------------
Having reviewed the above application and made a site inspection,
the City Engineering Department has the following comments:
1. Condominiumization is subject to submission and recordation
of a condominium map.
2. Condominium approval should be subject to an improvement
district covenant pursuant to the City's standard language.
3. While we are not aware of the legal description utilized
at the time of L-3 zoning, the proposed description would
appear to be correct.
4. Several recent discussions between myself, Dave Gibson,
and Gideon Kaufman would seem to indicate the intention of
the property owner to request vacation of the alley. Our
investigations to date have not revealed a prior vacation
action by the City.
Consideration of such vacation would require the following:
a. Retension of utility easement rights through the
alley.
b. Construction within the alley of structures that
would not obstruct access to buried utilities. Any
cost to remove or replace these items to allow access
to utilities for maintenance or emergency purposes
shall be born by the owner.
c. provision of an adequate dedication or easement to
formalize the existing alley link to Bleeker.
JH/co
"
D [g@[gg~~n
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~
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
315 EAST HYMAN AVENUE
ASPEN. COLORADO 81611
GIDEON l. KAUFMAN
DAVID G. EISENSTEIN
July 27, 1984
TELEPHONE
AREA CODE 303
925-8166
Alan Richman
Planning Office
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: Nugget Lodge
Dear Alan:
Pursuant to a phone conversation with Barry
Edwards, I write this letter to you to clarify the ownership
situation surrounding the Nugget Lodge and its condominium
application. My clients entered into a contract to purchase
the Nugget Lodge. The name that presently exists on the
application is Aspen Group, Inc. However Hotel Aspen, Ltd.,
will be a successor in interest to Aspen Group, Inc., and
will be taking title to the property pursuant to a signed
contract on August 1, 1984. My clients will be the legal as
well as equitable owner a week before the Planning and
Zoning Commission meets to review the application. If you
have any questions or if Barry has any questions after
reviewing this letter please feel free to contact me.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
GK/kl
ItBMORAllDUM
FROM:
Paul Taddune, City Attorney
Jay Hammond, City Engineer
Jim Adamski, Housing Director
Jim Wilson, Building Dept.
Colette Penne, Planning Office
Nugget Lodge Subdivision Exception and Zoning Correction
v(/,
'4'~
c9
~b
TO:
RE:
DATE:
June 28, 1984
----------------------------------------------------------------------
----------------------------------------------------------------------
Attached for your review and referral comments is an application
submitted by Gideon Kaufman on behalf of The Aspen Group, Inc., for
the condominiumization of the Nugget Lodge. Concurrently with the
condominiumization, Gideon is requesting that the entire parcel be
rezoned to L-3. A small portion of the parcel was left out of the
legal description included in the class action L-3 rezoning that
was accompli shed by Ordinance 68, Ser ies of 1982. Please review
this application and return your referral comments to the Planning
Office no later than July 24, 1984, in order for this Office to have
adequate time to prepare for its presentation before the Planning
and Zoning Commission at a public hearing on August 7, 1984.
Thank you.
LAW OFFICES OF
',"
A-\\ C\
GIDEON I. KAUFMAN
""
A PAOFESSIONAL COAPOIlATlON
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORAOO 81611
GIOEON L KAUFMAN
June 27, 1984
TELEPHONE
AREA COOE 303
925'8166
OAVIO G. EISENSTEIN
HAND DELIVERY
Alan Richman
Planning Office
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: L-3 Zoning for the Nugget Lodge
Dear Alan:
Please consider this letter a request on behalf of
the owners of the Nugget Lodge for their entire parcel to be
zoned L-3. As you are aware when the property was
originally zoned L-3, an incorrect legal description was
given to the Planning Office and therefore less than the
entire parcel was zoned L-3. I would request at this time
that the Planning and Zoning Commission sponsor a rezoning
of the entire Nugget Lodge parcel to L-3. The correct legal
description for the Nugget Lodge is as follows:
The east one-half (~) of Lots E and 0, and all of
Lots F, G, H, I, P, Q, Rand S, Block 58, City and
Townsite of Aspen, Pitkin County, Colorado.
I would hope that we can accomplish this rezoning
concurrently with our lodge condominiumization. Thank you
for your help and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
Kaufman
GK/kl
"
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~
Condo Dec/NUGET
DRAFT 6/25/84
CONDOMINIUM DECLARATION
FOR
HOTEL ASPEN,
a condominium
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, THE ASPEN GROUP, INC. a Colorado Corporation, hereinafter
called the "Declarant" is the owner of the following described real
property situated in the City of Aspen, County of Pitkin, State of
Colorado:
the East ~ of Lots E and 0, all of Lots F, G, H, I, P, Q, Rand S,
Block 58, City and Townsite of Aspen, Pitkin County, Colorado, and
commonly known as HOTEL ASPEN.
also known as 110 W. Main Street, Aspen Colorado 81611; and,
WHEREAS, Declarant desires to establish a condominium project under
the Condominium Ownership Act of the State of Colorado; and
WHEREAS, there is currently constructed on said real property improve-
ments consisting of separately designated [residential and] lodge
condominium units and other improvements; and
WHEREAS, Declarant does hereby establish a plan for the ownership in
fee simple of the condominium estates subj ect to the easements, re-
strictions, reservations, rights of way, conditions, taxes and assessments
of record and reservations in this Declaration consisting of the area or
space contained in each of the air space units located in the building
improvements and the co-ownership by the individual and separate owners
thereof as tenants in common of all of the remaining property (except such
property as is otherwise reserved herein), which property is hereinafter
defined and referred to as the general common elements; and
WHEREAS, Declarant desires to establish this condominium project as a
"Condominiumized Lodge" pursuant to the provisions of Ordinance No. 14
(Series of 1980), and specifically Section 20-23 adopted by amendment to
Chapter 20 of the Municipal Code of the City of Aspen, Colorado, as such
Ordinance and Municipal Code are presently constituted.
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 benefit to Declarant, Declarant's heirs, personal representa-
tives, successors and assigns and any persons acquiring or owning interest
in the real property and improvements, their grantees, successors, heirs,
executors, administrators, devisees or assigns.
DEFINITIONS
1. The following definitions shall apply unless the context
expressly provides otherwise.
a. "Unit" means one (1) individual air space which is
contained within the unfinished perimeter walls, floors, ceilings, windows
and doors of each unit a shown on the Condominium Map to be filed for
record, together with all fixtures and improvements therein contained and
""
,.,..... ._~
not including any structural components of the building or other general
common elements, if any, located within the unit.
b. "Condominium Unit" means the fee simple interest title
in and to a unit, together with the undivided interest in the general
common elements and the appurtenant limited common elements thereto.
c. tlOwner" means the person or persons, as hereinafter
defined, owning a unit in fee simple together with an undivided interest in
fee simple in the general common elements in the percentage specified and
established in this Declaration, including the Declarant, as long as any
condominium unit, as hereinafter defined, is owned by Declarant.
d. "General common elements" means all of the project, as
hereinafter defined, except the portions thereof which constitute units and
also means all parts of a building or any facilities, improvements and
fixtures which may be within a unit which are or may be necessary or
convenient to the support, existence, use, occupation, operation, mainten-
ance, repair or safety of a building or any part thereof or any other unit
therein.
Without limiting the generality of the foregoing, the
following shall constitute general common elements:
(1) all of the land and easements which are part of
the property, all jacuzzi or swimming pool (s) and related facilities
designated as general common elements on the Condominium Map, and any
recreational facilities and building (s) which may be located on the
property;
(2)
supports of a building;
all foundations, columns, girders, beams and
(3) all deck or yard areas, porches, storage lockers
or areas, balconies, patios, fireplaces, doors, windows, and parking spaces
(subj ect to specific designations for individual owner use as limited
common elements, as may be hereinafter defined and provided);
(4) the exterior walls of a building, the main or
bearing walls within a building, the main or bearing subf100ring and the
roofs of a building;
corridors,
facilities,
unit;
(5) all
lobbies, lounges,
stairs, stairways
entrances, exits, vestibules, halls,
linen rooms, laundry rooms, kitchen
and fire escapes, if any, not within any
(6) all offices, utility, service and maintenance
rooms, space, fixtures, apparatus, installations and central facilities for
power, light, gas, telephone, television, hot water, cold water, heating,
refrigeration, air conditioning, trash, incineration or similar utility,
service or maintenance purposes, including furnaces, tanks, pumps, motors,
fans, compressors, flues, vents, similar fixtures, apparatus, installations
and facilities; and
(7) all other parts of the project used common by the
owners or convenient to the project's existence, maintenance and safety,
e. "Mortgage" means any mortgage, deed of trust or other
security instrument by which a condominium unit or any part thereof is
encumbered.
f.
beneficiary under
encumbered.
"Mortgagee" means any person named as the mortgagee or
any mortgage by which the interest of any owner is
g. "Limited common elements" means those general common
elements which are reserved for the use of certain owners to the exclusion
of the others, including and not limited to certain balconies, porches,
- 2 -
,
~
"
c
patios, fireplaces, deck or yard areas, parking spaces and storage lockers
or areas.
h. "Personn means an individual, corporation, partnership,
combination, association, trustee or any other legal entity.
i. "Project" means all of the real property, condominium
units, bui1ding(s) fixtures, personal property and improvements submitted
to this declaration.
j. IICommon expenses" means and includes:
(1) all sums lawfully assessed against the owners by
the board, as hereinafter defined;
(2) expenses of administration, maintenance, repair or
replacement of the general common elements, as hereinafter defined;
(3)
this Declaration and the
expenses declared common expenses by provisions of
Bylaws; and
(4) expenses agreed on as common expenses by a vote of
the owners representing an aggregate ownership interest of at least
fifty-one percent (51%) of the general common elements.
k. "Map" means the Condominium Map referred to in paragraph
two (112) below.
1. "Building" means the building improvement comprising a
part of the project.
m. "Association" means The Aspen Homeowner's Association, a
nonprofit corporation organized under the laws of Colorado, of which all
owners of units shall be members and which shall be charged with the
management and maintenance of the project.
n. "Board of Directors" or "board" means the governing body
of the association.
o. "Managing agent" means the person employed by the board
to perform the management and operational functions of the project.
p. "Bylaws" means the bylaws of the association.
q. "Articles" means the articles of incorporation of the
association.
r. "Guest" means any agent, employee, tenant, guest,
licensee or invitee of an owner.
s. "Declarant" means the Declarant named herein and such
successor or successors as may be designated hereafter by Declarant by
written notice duly recorded.
t. "Declaration" means this Declaration together with any
supplement or amendment hereto recorded in the office of the Clerk and
Recorder of Pitkin County, Colorado.
2. Map. There shall be filed for record in the office of the
Clerk and Recorder of Pitkin County, Colorado, a map, hereinafter referred
to as the "map", which map may be filed in whole or in part, depicting
thereon:
a. the legal description of the property and a survey
thereof;
b. the name and general location of the project;
- 3 -
~
c. the linear measurements and location, with reference to
the exterior boundaries of the land, of the bui1ding(s) and all improve-
ments built on the land;
d. floor plans and elevation plans of the building(s)
showing the location, the designation and the linear dimensions of each
unit and the designation of the limited common elements;
e. the elevations of the unfinished interior surfaces of
the floor and ceilings as established from a datum plan and the linear
measurements showing the thickness of the perimeter and common walls of the
building.
The map and any supplement (s) thereto shall contain the
statements of (1) the Declarant, submitting the property to the provisions
of this Declaration and (2) a registered land surveyor certifying that the
map fully and accurately depicts the layout, measurements and location of
all of the bui1ding(s) and improvements, the unit designations, the di-
mensions of such units and the elevations of the floors and ceilings.
Declarant hereby reserves unto itself and the board the right, from time to
time, without the consent of any owner being required, to amend the map and
supp1ement(s) thereto, to conform the map to the actual location of any of
the constructed improvements, to establish, vacate and relocate utility
easements, access road easements and parking spaces and to establish
certain general common elements as limited common elements.
In interpreting any and all provisions of this Declaration
or the articles, bylaws, subsequent deeds to and/or mortgages of
condominium units, the actual location of a unit shall be deemed
conclusively to be the property intended to be conveyed, reserved or
encumbered, notwithstanding any minor deviations from the location of such
unit indicated on the map.
3. Division into Units. Declarant does hereby submit the
project to condominium ownership pursuant to the Colorado Condominium
Ownership Act, and the project is hereby divided into thirty-two (32)
condominium units including an employee condominium unit, and a designated
area of expansion described in paragraph 41 below. Each condominium unit,
except the employee unit, shall consist of a separate fee simple estate in
a particular unit and an appurtenant undivided fee simple interest in the
general common elements. Each unit except the employee unit shall have
appurtenant to it an undivided one thirtieth (l/30th) interest in the
general common elements. The employee unit shall have no interest in the
general common elements and no voting rights appurtenant to it.
4. Right to Combine Units. Declarant hereby reserves the right
to physically combine the area or space of one (1) unit with the area or
space of one (1) or more adjoining units provided, however, that Declarant
shall not exercise the right without the written consent of any first
mortgagee having an interest in the units. In the event of any such
physical combining of units to create a combined unit, such combined unit
shall also include the combining of the fixtures and improvements and of
the undivided interests in general common elements appurtenant to the units
so combined. Declarant hereby reserves the right to designate and convey
to any purchaser any of the combined units, the additional limited common
elements appurtenant thereto, any walls, floors or other structural separa-
tions between the units so combined or any space which would be occupied by
such structural separations or such space shall automatically become
general common elements and shall no longer be limited common elements if
the combined units become subject to separate ownership in the future.
This reserved right in Declarant shall terminate on the conveyance by
Declarant of all of the condominium units within the project or December
31, 1987, whichever event first occurs.
5. Limited Common Elements. Subject to the definition thereof,
the limited common elements shall be identified herein or on the map and
designated as appurtenant to a particular condominium unit herein or on the
map or in a deed from the Declarant. Any door, window, balcony, porch or
patio which is accessible from, associated with and adjoins a unit, deck or
- 4 -
.. "
-"<-,
yard areas, parking spaces and storage lockers or any other areas
identified as limited common elements on the map and designated as
appurtenant to a particular condominium unit shall, without further
reference thereof, be used in connection with the unit to which it is
appurtenant to the exclusion of the use thereof by the other owners, except
by invitation.
6. Inseparability of a Condominium Unit. An owner's undivided
interest in the general common elements and in any appurtenant limited
common elements shall not be separated from the unit to which they are
appurtenant and shall be deemed to be conveyed or encumbered with the unit
even though the interest is not expressly mentioned or described in a deed
or other instrument.
7. Description of a Condominium Unit. Every deed, lease,
mortgage, trust deed, will or other instrument may legally describe a
condominium unit by its identifying unit number followed by the words HOTEL
ASPEN, a condominium, with reference to the recorded Declaration and map
and the street address of the property, which legal description shall be in
the following form:
Unit ,HOTEL ASPEN, a condominium, as defined and described in
the Condominium Declaration for HOTEL ASPEN, a condominium,
recorded in Book at Page of the records of the Clerk
and Recorder of Pitkin County, Colorado, and the condominium map
for HOTEL ASPEN, a condominium, recorded in plat book at
page of the records of the Clerk and Recorder of Pitkin
County, Colorado.
CITY OF ASPEN
PITKIN COUNTY, COLORADO
also known as
81611.
Unit
-----,
110 W. Main Street, Aspen, Colorado
This description shall be deemed good and sufficient for all purposes to
sell, convey, transfer, encumber or otherwise affect not only the unit but
also the common elements appurtenant to it. This description shall be
construed to include a nonexclusive easement for ingress and egress
throughout the common elements appurtenant thereto to the exclusion of all
third parties not lawfully entitled to use the same.
8. Title. A condominium unit may be held and owned by more than
(1) person as joint tenants or as tenants in common or in any real property
tenancy relationship recognized under the laws of the State of Colorado.
9. No Partition. The common elements shall remain undivided and
no owner or any other person shall bring any action for partition or
division of the common elements. Similarly, no action shall be brought for
the partition of a unit or a condominium unit between or among the owners
thereof. Each owner expressly waives any and all such rights of partition
he may have by virtue of his ownership of a condominium unit. A violation
of this provision shall entitle the association to personally collect,
jointly or severally, from the parties violating the same the actual
attorney's fees, costs and other damages the association incurs in con-
nection therewith.
10. Separate Taxation. Each condominium unit shall be deemed to
be a separate parcel and shall be subj ect to separate assessment and
taxation by each assessing unit and special district for all types of taxes
authorized by law, including ad valorem levies and special assessments.
Neither the bui1ding(s), the property nor any use of the general common
elements shall be deemed to be a parcel. The lien for taxes assessed to
any condominium unit shall be confined to that condominium unit. No
forfeiture or sale of any condominium unit for delinquent taxes, assess-
ments or other governmental charges shall divest or in any way affect the
title to any other condominium unit. In the event that such taxes or
assessments for any year are not separately assessed to each owner and
rather are assessed on the property as a whole, each owner shall pay his
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proportionate share thereof in accordance with his ownership interest in
the general common elements; and, in such event, such taxes or assessment
shall be a common expense. Without limiting the authority of the board
provided for elsewhere herein, the board shall have the authority to
collect from the owners their proportionate share of taxes or assessments
for any year in which taxes are assessed on the property as a whole.
11. Certain Work Prohibited. No owner shall undertake any work
in his unit which would jeopardize the soundness or safety of the project,
reduce the value thereof or impair an easement or hereditament thereon or
thereto; nor shall any owner enclose, by means of screening or otherwise,
any balcony, yard, deck, patio or porch which is accessible from,
associated with and which adjoins a unit without having first obtained the
prior written approval of the board (which approval may be withheld for any
reason) for such enclosure and with respect to the materials, plans and
specifications for such enclosure. Structural alterations shall not be
made by an owner to the exterior portions of his unit or to the building(s)
or in the water, gas or steam pipes, electric conduits, plumbing or other
fixtures connected therewith; nor shall an owner remove any additions,
improvements or fixtures from the building(s) without the prior written
approval of the board (which approval may be withheld for any reason) first
having been obtained.
12.
Effect of Part
Liens Against Condominium Units -- Removal from Lien --
Payment.
a. No labor performed or materials furnished with the
consent or at the request of an owner of a particular condominium unit or
his agent shall be the basis for the filing of a lien pursuant to law
against the condominium unit or other property of another owner not ex-
pressly consenting to or requesting the same, in a writing signed by the
owner except that express consent shall be deemed to be given by the owner
of any condominium unit to the managing agent or the board in the case of
emergency repairs. Labor performed or materials furnished for the general
common elements, if duly authorized by the managing agent or the board of
directors in accordance with the Declaration or bylaws, shall be deemed to
be performed or furnished with the express consent of each owner and shall
be the basis for the filing of a lien pursuant to law against each of the
condominium units in the project.
b. In the event a lien is effected against two (2) or more
condominium units, the owners of the separate condominium units may remove
their condominium units from the lien by payment of the fractional or
proportional amount attributable to each of the condominium units affected.
Individual payment shall be computed by reference to the percentages
appearing in this Declaration. Subsequent to payment, discharge or other
satisfaction, the condominium unit shall be released from the lien paid,
satisfied or discharged. Partial payment, satisfaction or discharge shall
not prevent the lienor from proceeding to enforce his rights against any
condominium unit not so released or discharged.
c. Each owner shall indemnify and hold each of the other
owners harmless from and against liability or loss arising from the claim
of any lien against the condominium unit of the owner or any part thereof
for labor performed or for materials furnished in work on such owner's
condominium unit. At the written request of an owner, the association
shall enforce such indemnity by collecting from the owner of the
condominium unit on which the labor was performed or materials furnished
the amount necessary to discharge any such lien and all costs incidental
thereto, including reasonable attorney's fees and costs. If not promptly
paid, the association may proceed to collect the same in the manner
provided herein for collection of assessments for the purpose of
discharging the lien.
13. Use and Occupancy of Units. Each owner shall be entitled to
the exclusive ownership and possession of his unit subj ect to the re-
strictions and reservations contained in this Declaration.
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,
14. Use of General and Limited Common Elements. Each owner may
use the general common elements and his appurtenant limited common elements
in accordance with the purpose for which they are intended without
hindering or encroaching on the lawful rights of the other owners. The
association and/or the board may, from time to time, adopt rules and
regulations governing the use of general and limited common elements and
such rules and regulations shall be uniform and nondiscriminatory. Each
owner, by the acceptance of his deed or other instrument of conveyance or
assignment, agrees to accept and be bound by any such adopted rules and
regulations.
15. Various Right and Easements.
a. Owner's Rights in Limited Common Elements. Subject to
the other provisions of this Declaration, each owner, his family and guests
shall have an exclusive right to use and enjoy the limited common elements
designated herein in the map or in the initial deed from Declarant as
appurtenant to the condominium unit owned by such owner.
b. Association Rights. The association, the board and the
managing agent shall have a nonexclusive right and easement to make such
use of and enter into or on the general common elements, the limited common
elements and the units as may be necessary or appropriate for the
performance of the duties and functions which they are obligated or
permitted to perform under this Declaration, the Articles, the Bylaws
and/or rules and regulations as adopted or amended hereafter.
c. Owner's Easements for Access, Support and Utilities.
Each owner shall have a nonexclusive easement for access between his unit
and the roads and street adjacent to the project and the roads, streets and
driveways in the project, over and on the lobby, halls, corridors, stairs,
walks, bridges and exterior access and other easements which are part of
the general common elements. Each owner shall have a nonexclusive easement
in, on and over the general common elements, including the general common
elements within the unit of another owner, for horizontal and lateral
support of the unit which is part of his condominium unit, for utility ser-
vice to that unit, including and not limited to water, sewer, gas, electri-
city, telephone and television service and for the release of smoke arising
from any fireplace within a unit through the flue leading therefrom.
d. Easements for Encroachments. If any part of the general
common elements encroaches or shall hereafter encroach on a unit, an
easement for such encroachment and for the maintenance of the same shall
and does exist. If any part of a unit encroaches or shall hereafter
encroach on the general common elements or on another unit, the owner of
that unit shall and does have an easement for such encroachment and for the
maintenance of same. Such encroachments shall not be considered to be
encumbrances either on the general common elements or on a condominium unit
for purposes of marketability of title or otherwise. Encroachments re-
ferred to herein include and are not limited to encroachments caused by
error in the original construction of the bui1ding(s), by error in the map,
by settling, rising or shifting of the earth, or by changes in position
caused by repair or reconstruction of the project or any part thereof.
e. Easements in Units for Repair, Maintenance and
Emergencies. Some of the general common elements are or may be located
within a unit or may be conveniently accessible only through a particular
unit. The association, board and managing agent and each owner shall have
an easement, which may be exercised for any owner by the association, the
board or the managing agent, as his agent, for access through each unit and
to all general common elements, from time to time, during such reasonable
hours as may be necessary for the location, placement, existence, mainten-
ance, repair or replacement of any of the general common elements located
therein or accessible therefrom or for making emergency repairs therein
necessary to prevent damage to the general common elements or to another
unit or for making repairs or replacements pursuant to paragraph sixteen
(U6) hereafter. Damage to the interior of any part of a unit resulting
from the maintenance, repair, emergency repair or replacement of any of the
general common elements or as a result of emergency repairs within another
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unit, at the instance of the association, the board or the managing agent,
shall be a common expense of all of the owners. No diminution or abatement
of common expense assessments shall be claimed or allowed for inconvenience
or discomfort arising from the making of repairs or improvements or from
action taken to comply with any law, ordinance or order of any governmental
authority. Restoration of the damaged improvements shall be substantially
the same as the condition in which they existed prior to the damage.
Notwithstanding the foregoing, if any such damage is the result of the
carelessness or negligence of any owner, such owner shall be solely
responsible for the costs and expenses of repairing such damage.
f. Easements Deemed Appurtenant. The easements, uses and
rights herein created for an owner shall be appurtenant to the condominium
unit of that owner; and all conveyances of and other instruments affecting
title to a condominium unit shall be deemed to grant and reserve the
easements, uses and rights as are provided for herein, even though no
specific reference to such easements, uses and rights appear in any such
conveyance.
g. Emergency Easement. A nonexclusive easement for ingress
and egress is hereby granted to the managing agent and its employees and to
all police, sheriff, fire protection, ambulance and other similar emergency
agencies or persons now or hereafter servicing the project to enter on all
streets, roads and driveways located in the project and on the property in
the performance of their duties.
16. Owners' Maintenance Responsibility. For purposes of
maintenance, repair, alteration and remodeling, an owner shall be deemed to
own and shall have the right and obligation to maintain, repair, alter and
remodel the interior nonsupporting walls, the materials (such as and not
limited to plaster, gypsum drywall, paneling, wallpaper, paint, wall and
floor tile and flooring, not including the sub flooring) making up the
finished surfaces of the perimeter walls, ceilings and floors within the
unit and the unit's doors and windows and any and all new additions to a
unit made by the owner thereof including, without limitation, any new fence
or other structure enclosing a patio, balcony, yard or deck area. The
obligation to maintain any fence or other structure enclosing a patio,
balcony, yard or deck area originally conveyed by Declarant shall be that
of the association. No owner shall, however, make any changes or altera-
tions of any type or kind to the exterior surfaces of the doors or windows
to his unit or to any general common elements (including and not limited to
the exterior portions of his unit or any interior portions of the unit
which may be visible from outside the unit). The owner shall not be deemed
to own lines, pipes, wires, conduits or systems (which, for brevity, are
hereinafter referred to as "utilities") running through his unit which
serve one (1) or more other units, except as a tenant in common with the
other owners. Each owner shall have the obligation to replace any
finishing or other materials removed with similar or other types or kinds
of materials. An owner shall maintain and keep in good repair and in a
clean, safe, attractive and sightly condition the interior of his unit,
including the fixtures, doors and windows thereof and the improvements
affixed thereto and such other items and areas as may be required in the
bylaws. Also, an owner shall maintain, clean and keep in a neat and clean
condition the fireplace, if any, within his unit and keep in a neat and
clean condition and free and clear of snow, ice and any accumulation of
water the deck, yard, porch, balcony and/or patio area adjoining and/or
leading to a unit, if any, which areas are limited common elements
appurtenant to such owner's condominium unit. All fixtures, appliances and
equipment installed within a unit commencing at a point where the utilities
enter the unit shall be maintained and kept in repair by the owner thereof.
If any owner fails to carry out or neglects the responsibilities set forth
in this paragraph, the board of the managing agent may fulfill the same and
charge such owner therefor. Any expense incurred by an owner under this
paragraph shall be the sole expense of the owner. An owners ability to
modify or alter his unit shall be governed by the provisions of the
by-laws.
17. Compliance with Provisions of Declaration, Articles
and Bylaws of the Association. Each owner shall comply strictly with and
shall cause each of his guests to comply strictly with all of the
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provisions of this Declaration and the articles and bylaws and the
decisions, rules, regulations and resolutions of the association or the
board adopted pursuant thereto, as the same may be lawfully amended from
time to time. Failure to comply with any of the same shall be grounds for
an action to recover sums due and for damages or injunctive relief or both,
along with costs of suit and reasonable attorney's fees, maintainable by
the managing agent or board of directors in the name of the association on
behalf of the owners or, in a proper case, by an aggrieved owner.
18. The Association.
a. General Purposes and Power. The association, through
the board or the managing agent, shall perform functions and hold and
manage property as provided in this Declaration so as to further the
interests of owners of condominium units in the project. It shall have all
powers necessary or desirable to effectuate such purposes.
b. Membership. The owner of a condominium unit shall
automatically become a member of the association. The membership is
appurtenant to the condominium unit of the owner and the ownership of the
membership for a condominium unit shall automatically pass with fee simple
title to the condominium unit. Each owner shall automatically be entitled
to the benefits and subject to the burdens relating to the membership for
his condominium unit. If the fee simple title to a condominium unit is
held by more than one (1) person, each owner of a condominium unit shall be
a member of the association. Memberships in the association shall be
limited to owners of condominium units in the project.
c. Board of Directors. The affairs of the association
shall be managed by a board of directors which may by resolution delegate
any portion of its authority to an executive committee or to a director or
managing agent for the association. There shall be not less than three (3)
or more than seven (7) members of the board of directors, the specific
number to be set forth from time to time in the bylaws, all of whom shall
be owners elected by owners. Regardless of the number of members of the
board of directors, the terms of at least one-third (1/3) of such board
shall expire annually. Notwithstanding anything to the contrary provided
for herein however, until Declarant has conveyed seventy-five percent (75%)
of the condominium units in the project or until December 31, 1987,
whichever event shall first occur, the members of the board of directors
shall be appointed by Declarant or its successors or assigns.
d. Voting of Owners. The owner or owners of each
condominium unit shall be entitled to one (1) vote for each such
condominium unit owned by the owner or owners. In certain instances an
owner's vote may be counted or weighted according to an owner's percentage
interest in the general common elements, as is provided herein.
e. Bylaws and Articles. The purposes and powers of the
association and the rights and obligations with respect to owners set forth
in this Declaration may be supplemented or amplified by provisions of the
articles and bylaws of the association but in the event of any
inconsistency the provisions of this Declaration shall control.
19. Certain Rights and Obligations of the Association.
a. Association as Attorney-in-Fact for Owners. The
association is hereby irrevocably appointed attorney-in-fact for the owners
and each of them to manage, control and deal with the interest of each
owner in the common elements so as to permit the association to fulfill all
of its duties and obligations hereunder and to exercise all of its rights
hereunder, to deal with the project on its destruction or obsolescence as
hereinafter provided and to grant utility easements through any portion of
the common elements. The acceptance by any person of any interest in any
condominium unit shall constitute an appointment of the association as
attorney-in-fact as provided above and hereinafter. The association is
hereby granted all of the powers necessary to govern, manage, maintain,
repair, rebuild, administer and regulate the project and to perform all of
the duties required of it. Notwithstanding the above and subject to the
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,
provisions contained in this Declaration, unless at least three-fourths
(3/4) of the first mortgagees of condominium units (based on one (1) vote
for each first mortgage owned) and at least three fourths (3/4) of the
owners (excluding Declarant) have given their prior written approval, the
association shall not be empowered or entitled to:
(1) by act or omission seek to abandon or terminate
the project;
(2) change the pro rata interest or obligations of any
individual condominium unit for the purpose of levying assessments or
charges or allocating distributions of hazard insurance proceeds or condem-
nation awards;
(3) partition or subdivide any condominium unit;
(4) by act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer (excluding the granting of easements
for public utilities or other public purposes consistent with the intended
use of the general common elements) any of the general or limited common
elements; and
(5) use hazard insurance proceeds for loss to the
project (whether units or general common elements) for other than repair,
replacement or reconstruction thereof.
Provided, however, no action set forth in paragraphs nineteen ('119)(a)(1-5)
above may be taken without the prior written approval of the owner and
first mortgagee of the specific unit or units being affected.
b. General Common Elements. The association shall provide
for the care, operation, management, maintenance, repair and replacement of
the general common elements except as is provided for in paragraph sixteen
(U6) herein. Without limiting the generality of the foregoing, the
obligations shall include the keeping of such general common elements in a
good, clean, attractive and sanitary condition, order and repair; removing
snow and any other materials from such general common elements which might
impair access to the project or the units; keeping the project safe,
attractive and desirable; and making necessary or desirable alterations,
additions, betterments or improvements to or on the general common
elements.
c. Other Association Functions. The association may
undertake any activity, function or service for the benefit of or to
further the interests of all, some or any owners on a self-supporting,
special-assessment or common-assessment basis. Such activities, functions
or services may include the providing of police or similar security
services, the providing of firewood, the providing of maid and cleaning
service for individual units and those services reasonable and necessary to
operate a first class lodge facility.
d. Labor and Services. The association (1) may obtain and
pay for the services of a managing agent to manage its affairs or any part
thereof to the extent it deems advisable, as well as such other personnel
as the association shall determine to be necessary or desirable for the
proper operation of the project, whether such personnel are furnished or
employed directly by the association or by any person with whom or which it
contracts; (2) may obtain and pay for legal and accounting services
necessary or desirable in connection with the operation of the project or
the enforcement of this Declaration; and (3) may arrange with others to
furnish lighting, heating, water, trash collection, sewer service and other
common services necessary and proper for the operation of a first class
lodge facility.
e. Property of Association. The association may pay for,
acquire and hold or lease real property for the purposes set forth within
this Declaration and tangible and intangible personal property and may
dispose of the same by sale or otherwise. Subject to the provisions of
this Declaration and rules and regulations of the association, each owner
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and each owner's family and guests may use such property. On termination
of condominium ownership of the project and dissolution of the association,
if ever, the beneficial interest in any such property shall be deemed to be
owned by the then owners as tenants in common in the same proportion as
their respective interests in the general common elements. A transfer of a
condominium unit shall transfer to the transferee ownership of the
transferor's beneficial interest in such property without any reference
thereto. Each owner may use such property in accordance with the purposes
for which it is intended, without hindering or encroaching on the lawful
rights of the other owners. The transfer of title to a condominium unit
under foreclosure shall entitle the purchaser to the beneficial interest in
such property associated with the foreclosed condominium unit.
f. Association Right to Lease and License General
Common Elements. The association shall have the right to lease or license
or permit the use of by less than all owners or by nonowners on either a
short-term basis or long-term basis and with or without charge as the
association may deem desirable any portion of the general common elements
or any condominium unit owned by the association. The rights granted to
the association in this subparagraph shall only be used in the promotion of
the collective best interests of the owners. Further, the association
shall have the right to grant utility easements under, through or over the
general common elements which are reasonably necessary to the ongoing
development and operation of the project.
g. Mortgagee Notification. The association shall notify
each first mortgagee of any proposed material amendment of the
association's articles or bylaws at least ten (10) days prior to the
effective date of such amendment or change. Further, on the written
request of any first mortgagee, such first mortgagee shall be entitled to
receive the most recent annual financial statement of the association and
written notice of all meetings of the association and such first mortgagee
shall have the right to designate a representative to attend any such
meeting. The cost of any notice shall be paid by the owner of the unit
encumbered by said mortgage.
h. Enforcement by Association. The board may suspend any
owner's voting rights in the association or the right of an owner to use
the recreational facilities of the project during any period or periods
during which such owner fails to comply with the association's rules and
regulations or with any other obligations of such owner under this Declara-
tion. The association may also take judicial action against any owner to
enforce compliance with such rules, regulations or other obligations
hereunder or in the bylaws contained or to obtain damages for
noncompliance, all to the extent permitted by law. The board may impose a
fine, not to exceed fifty dollars ($50.00), on any owner for each violation
or act of noncompliance by any such owner or his guest which charges shall
constitute a lien on the owner's unit as per the provisions of paragraph
24, below.
i. Certificate. The board of directors may, from time to
time, record a certificate of the identity and the mailing addresses of the
persons then comprising the board of directors, together with the identity
and address of the managing agent, if any there be. Such certificate shall
be conclusive evidence thereof in favor of any person relying thereon in
good faith regardless of the time elapsed since the date thereof.
j. Implied Rights. The association and its managing agent
shall have and may exercise any right or privilege given to it expressly by
this Declaration or the articles or bylaws or reasonably to be implied from
the provisions of those documents or given or implied by law or which may
be necessary or desirable to fulfill its duties, obligations, rights or
privileges.
20. Assessment for Common Expenses.
a. Each owner, except Declarant, shall be obligated to pay
the assessments imposed by the board of directors to meet the estimated
common expenses. The assessments shall be made pro rata according to each
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owner's interest in and to the general common elements. Declarant shall
have no obligation to pay the estimated common expense assessment on
condominium units owned by Declarant imposed by the board to meet the
common expenses, and Declarant agrees to pay to the association a sum equal
to the difference between the quarterly cost of operating and maintaining
the general common elements, exclusive of reserves, and the amount of funds
payable by the other owners to the association. This obligation of
Declarant to subsidize the operations of the association shall terminate
when Declarant relinquishes its right to appoint the association's board or
December 31, 1987, whichever event first occurs. Subsequent to the occur-
rence of either of the aforesaid events, Declarant shall be obligated as
any other owner in reference to condominium units then owned by Declarant
to pay the estimated common expense assessments imposed by the board to
meet the common expenses. Except as hereinbefore provided, the limited
common elements shall be maintained as general common elements and owners
having the exclusive use thereof shall not be subj ect to any special
charges or assessments. Assessments for the estimated common expenses
shall be due quarterly, in advance, on the first day of each quarter. The
managing agent or board of directors shall prepare and deliver or mail to
each owner an itemized annual budget showing the various estimated or
actual expenses for which the assessments are made. Contributions for
quarterly assessments shall be prorated if the ownership of a condominium
unit commences on a day other than the first day of a quarter. The assess-
ments made for common expenses shall be based on the requirements deemed to
be such aggregate sum as the board of directors shall from time to time
determine is to be paid or accrued to be paid to provide for the payment of
all estimated expenses growing out of or connected with the maintenance and
operation of the common elements, which sum may include, among other
things, expenses of management; taxes and special assessments, until
separately assessed; premiums for insurance of the types and kinds provided
for in paragraph twenty-three (1123) hereafter; landscaping and care of
grounds; common lighting and heating; repairs and renovations; trash
collections; firewood; cable television service; wages; water and sewer
charges; legal and accounting fees; capital expenditures made by the board
not exceeding five thousand dollars ($5,000.00), in anyone (1) calendar
year (unless a greater amount is approved by a majority of the votes of the
association); expenses and liabilities incurred by the managing agent or
board of directors under or by reason of this Declaration; deficits re-
maining from a previous period; and other costs and expenses relating to
the general common elements. Further, it shall be mandatory for the board
to establish and segregate, out of such quarterly assessments, a contingen-
cy or reserve fund for the repair, replacement and maintenance of those
general common elements that must be replaced periodically. The omission
or failure of the board of directors to fix the assessment for any quarter
shall not be deemed a waiver, modification or a release of the owners from
their obligation to pay same. Any owner or first mortgagee may, pursuant
to C.R.S. ~ 38-33-107 (1973, as amended), inspect the association's records
of receipts and expenditures at any reasonable time during convenient
weekday business hours; and, on ten (10) days' notice to the board of
directors or managing agent, if any, and on payment of a reasonable fee,
not to exceed twenty dollars ($20.00), any owner or first mortgagee of such
owner shall be furnished a statement of account setting forth the amount of
any unpaid assessments or other charges due and owing from such owner. At
the end of any calendar year, the board of directors may but shall not be
required to refund to each owner his proportionate share of funds then held
by the association which are not deemed to be necessary to meet the common
expenses. Each owner shall be obligated to pay all charges for any
separately metered utilities servicing his unit. All utilities that are
master metered shall be a common expense hereunder.
b. The board of directors shall have the right during any
calendar year to levy and assess against all of the owners a special
assessment for such purpose or purposes, in accordance with this
Declaration, the articles or bylaws, as may be necessary to keep the
project as a first-class ski lodge condominium. Such special assessment
shall be borne by the owners in accordance with each owner's interest in
the general common elements and shall be due and payable as determined by
the board of directors.
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21. Assessment Reserves. The association may require an owner,
other than Declarant, to deposit with the association an amount not
exceeding three (3) times the amount of the original estimated quarterly
common assessment, which sum shall be held by the association as a reserve
to be used for paying such owner's quarterly common assessment and for
working capital. This deposit shall not accrue any interest for the
benefit of the owner. Such an advance payment shall not relieve an owner
from making the regular quarterly payment of the quarterly common
assessment as the same comes due. On the transfer of his condominium unit,
an owner shall be entitled to a credit from his transferee for any unused
portion thereof. Such reserves shall, at all times, remain as capital of
the association.
22. Additions, Alterations and Improvements - General and
Limited Common Elements. There shall be no special assessments in excess
of five thousand dollars ($5,000.00), levied by the board of directors in
anyone (1) calendar year or any capital additions, alterations or
improvements of or to the general or limited common elements by the
association requiring expenditure (s) in excess of five thousand dollars
($5,000.00), in anyone (1) calendar year without, in each case, prior
approval by a majority of the votes in the association, except in the event
of an emergency; the limitations set forth above shall not apply to any
expenditures made by the association for maintenance and repair of the
general common elements as set forth in paragraph nineteen ('119) hereof or
for repair in the event of damage, destruction or condemnation as provided
in paragraph twenty-nine ('129) and paragraph thirty ('130) hereof.
23. Insurance.
a. Insurance Requirements Generally. The association shall
obtain and maintain in full force and effect at all times certain casualty,
liability and other insurance as hereinafter provided. All such insurance
shall be obtained, to the extent possible, from responsible companies duly
authorized to do insurance business in the State of Colorado. All such
insurance shall name as insureds the association, the board of directors of
the association, the association's officers, employees and agents, and, if
practicable, the owners. All such insurance shall protect each of the
insureds as if each were separately insured under separate policies. To
the extent possible, such casualty insurance shall: (a) provide for a
waiver of subrogation of the insurer as to claims against Dec1arants, the
association, its directors, officers, employees and agents and against each
owner and each owner's employees and guests; (b) provide that the insurance
cannot be cancelled, invalidated or suspended on account of the conduct of
the association, its officers, directors, employees and agents or of any
owner or such owner's employees or guests; (c) provide that any "no other
insurance" clause in the insurance policy shall exclude any policies of
insurance maintained by any owner or mortgagee and that the insurance
policy shall not be brought into contribution with insurance maintained by
any owner or mortgagee; (d) contain a standard mortgage clause endorsement
in favor of the mortgagee of any condominium unit or part of the project
except a mortgagee of a condominium unit or part of the project who is
covered by other and separate insurance; (e) provide that the policy of
insurance shall not be terminated, cancelled or substantially modified
without at least ten (10) days' prior written notice to the association and
to each owner and to each mortgagee covered by any standard mortgage clause
endorsement; and (f) provide that the insurer shall not have the option to
restore the premises if condominium ownership of the proj ect is to be
terminated in accordance with the terms of this Declaration or the project
is to be sold in its entirety in accordance with the destruction,
condemnation and obsolescence provisions of this Declaration. To the
extent possible, public liability and property damage insurance shall
provide for coverage of any cross liability claims of owners against the
association or other owners and of the association against owners without
the right of subrogation. Any insurance policy may contain such deductible
provisions as the board of directors of the association deems consistent
with good business practice.
The association shall obtain an independent appraisal of the
project at least every three (3) years or more often if the board of
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,
directors deems it advisable; provided, however, that said appraisal may be
performed by an appraiser employed by an insurance company.
Certificates of insurance coverage or copies of insurance
policies shall be issued to each owner and each mortgagee who makes written
request to the association for any such certificate or copy of an insurance
policy.
The cost and expense of all insurance obtained by the
association, except insurance covering additions, alterations or
improvements made to a condominium unit by an owner or other insurance
obtained at the request of and specifically benefiting any particular
owner, shall be an expense of the association.
b. Casualty Insurance. The association shall obtain and
maintain casualty insurance covering the project and each condominium unit
covering loss or damage by fire and such other hazards as are covered under
standard extended coverage policies, with vandalism and malicious mischief
endorsements, and if available and if deemed appropriate by the
association, other casualty risks, for the full insurable replacement cost
of the project, including each condominium unit with an inflation guard
endorsement that automatically increases the amount of coverage by a fixed
percentage at least quarterly. At the option of the association such
insurance may also cover additions, alterations or improvements to a
condominium unit made by an owner if the owner reimburses the association
for any additional premiums attributable to such coverage. The association
shall not be obligated to apply any insurance proceeds to restore a
condominium unit to a condition better than the conditions existing prior
to the making of additions, alterations or improvements by an owner in the
absence of insurance covering such additions, alterations or improvements
as aforesaid.
c. Public Liability and Property Damage Insurance. The
association shall obtain and maintain comprehensive public liability and
property damage insurance covering personal liability, property damage
liability and automobile personal and property damage liability of the
association, its officers, managers, employees and agents and of each owner
and each owner's employees and guests, arising in conjunction with
ownership, operation, maintenance, occupancy or use of the project or of
any condominium unit in the project with limits of not less than $1,000,000
for each occurrence involving bodily injury liability and/or property
damage liability.
d. Workmen's Compensation and Employer's Liability
Insurance. The association shall obtain and maintain workmen's
compensation and employer's liability insurance as may be necessary to
comply with applicable laws.
e. Insurance by Owners. Insurance coverage on contents,
merchandise, furnishings, including cabinets, counters, carpet and other
floor coverings, draperies, oven range, refrigerator, wallpaper, disposal,
plumbing fixtures such as tubs and sinks and other items of personal or
other property belonging to an owner and public liability coverage within
each unit shall be the sole and direct responsibility of the unit owner
thereof, and the board of directors, the association and the managing agent
shall have no responsibility therefor.
Any insurance policy obtained by an owner shall be such that
it will not diminish or adversely affect or invalidate any insurance or
insurance recovery under policies carried by the association and shall, to
the extent possible, contain a waiver of the right of subrogation by the
insurer as to any claim against the association, its officers, managers,
agents and employees and against the owners and their employees and guests.
A copy of any insurance policy obtained by an owner shall be furnished to
the association on the written request of the association.
f. Receipt and Application of Insurance Proceeds. Except
as some particular person has a legal right to receive insurance proceeds
directly, all insurance proceeds and recoveries shall be paid to and
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received by the association. All insurance proceeds or recoveries received
by the association shall be applied by the association; first, as expressly
provided elsewhere in this Declaration; second, to the owners or persons
whom the association may determine are legally or equitably entitled
thereto; and third, the balance, if any, to owners in proportion to their
respective interests in common elements.
g. Other Insurance by Association. The association shall
have the power and authority to obtain and maintain other and additional
insurance coverage, including casualty insurance covering personal property
of the association, fidelity bonds or insurance covering employees and
agents of the association and insurance indemnifying officers, managers,
employees and agents of the association.
h. Owner-Increased Premiums. In the event that, as a
consequence of the hazardous use of any condominium unit, or of any owner
installed improvements to any condominium unit, the premiums of any policy
of insurance purchased by the association are increased, or special policy
is required, the cost of such increase or specific policy shall be payable
by the owner of such condominium unit.
24. Lien for Nonpayment of Common Expenses, Penalties and Fines.
All sums assessed by the board pursuant to any provisions of this
Declaration, including, without limitation, the share of common expenses
chargeable to any condominium unit, attorney's fees, costs and fines, shall
constitute a lien on such condominium unit superior (prior) to all other
liens and encumbrances, except (1) tax and special assessment liens on the
condominium unit in favor of any governmental assessing unit and (2) all
sums unpaid on a first mortgage of record, including all unpaid obligatory
sums as may be provided by such encumbrance.
a. If any assessment shall remain unpaid after twenty (20)
days after the due date thereof, such unpaid sums shall bear interest from
and after the due date thereof at the rate of eighteen percent (18%) per
annum; and the board of directors may impose a late charge on such
defaulting owner in an amount not to exceed twenty five dollars ($25.00) to
cover the extra cost and expenses involved in handling such delinquent
assessments.
b. The association may evidence its lien by recording in
the office of the Clerk and Recorder of the County of Pitkin, Colorado,
written notice which shall set forth the amount of such unpaid
indebtedness, the name of the owner of the condominium unit, a description
of the condominium unit and be signed by one (1) of the board of directors
or the managing agent. Such lien may be enforced by foreclosure of the
defaulting owner's condominium unit by the association in like manner as a
mortgage on real property on the recording of a notice or claim thereof.
In any such foreclosure, the owner shall be required to pay the costs and
expenses of such proceedings, the costs and expenses for filing the notice
or claim of lien and all reasonable attorney's fees and court costs. The
owner shall also be required to pay to the association the quarterly
assessment for the condominium unit during the period of foreclosure, and
the association shall be entitled to the appointment of a receiver to
collect the same. The board of directors shall have the power to bid on
the condominium unit at foreclosure sale and to acquire and hold, lease,
mortgage and convey same.
c. 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 condominium unit; and, on such payment, such
encumbrancer shall have a lien on such condominium unit for the amounts
paid of the same rank as the lien of his encumbrance, provided any first
mortgagee who acquires a condominium unit by foreclosure or by a deed in
lieu thereof shall acquire title to such condominium unit free and clear of
any lien for unpaid common expenses and shall only be responsible for
common expenses arising after the date on which such first mortgagee
acquires title to the condominium unit.
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d. The association shall, on request and on the payment of
$25.00 to the association, deliver written notice to the first mortgagee of
a condominium unit of any assessments remaining unpaid for longer than
thirty (30) days after the same are due as well as of any other default of
an owner hereunder known to the association which is not cured within sixty
(60) days.
e. 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 general common elements, including judgment liens and mortgage
liens.
f. Each owner hereby agrees that the association's lien on
a condominium unit for assessments as hereinbefore described shall be
superior to the Homestead Exemption provided by C.R.S. ~ 38-41-201, et.
seq. (1973, as amended) and each owner hereby agrees that the acceptance of
the deed or other instrument of conveyance in regard to any condominium
unit within the proj ect shall signify such grantee's waiver of the
Homestead right granted in that section of the Colorado statutes.
g.
may be released by
board of directors
Any recorded lien for nonpayment of the
recording a release of lien executed by
or the managing agent.
common expenses
a member of the
25. Owners' Obligations for Payment of Assessments, Penalties or
Fines. The amount of the common expenses and any penalties or fines
provided for herein or any special assessment assessed against each
condominium unit shall be the personal and individual debt of the owner or
owners thereof at the time the assessment is made. Suit to recover a money
judgment for unpaid common expenses or special assessments and costs of
suit and attorney's fees shall be maintainable without foreclosing or
waiving the lien securing same. No owner may exempt himself from liability
for his contribution towards the common expenses or any special assessment
by waiver of the use or enjoyment of the general common elements or by
abandonment of his condominium unit.
26. Liability for Common Expenses on Transfer of Condominium
Unit.
a. On payment of a reasonable fee not to exceed twenty-five
dollars ($25.00), and on fourteen (14) days' prior written notice from any
owner or any mortgagee or prospective mortgagee of a condominium unit, the
association, by its managing agent or board of directors, shall issue a
written statement setting forth the amount of the unpaid common expenses,
if any, with respect to the subject condominium unit, the amount of the
current quarterly assessment, the date such assessment becomes due, the
amount of any assessment reserve on deposit with the association and any
credit for advanced payments for prepaid items, which statement shall be
conclusive on the association in favor of all persons who rely thereon in
good faith. Unless such request for such a statement shall be complied
with within ten (10) days from receipt thereof, all unpaid common expenses
which become due prior to the date of making such request shall be
subordinate to the lien of the person requesting such statement.
b. The grantee of a condominium unit, except a first
mortgagee who acquires a condominium unit by foreclosure or a deed in lieu
of foreclosure, shall be jointly and severally liable with the grantor for
all unpaid assessments against the grantor for his proportionate share of
the common expenses up to the time of the grant or conveyance without
prejudice to the grantee's right to recover from the grantor the amounts
paid by the grantee therefor provided, however, that on payment of a
reasonable fee not to exceed twenty-five dollars ($25.00), on written
request, any such prospective grantee shall be entitled to a statement from
the managing agent or board of directors setting forth the amount of the
unpaid common expenses, if any, with respect to the subject condominium
unit, the amount of the current quarterly assessment, the date that such
assessment becomes due, the amount of any assessment reserve on deposit
with the association and any credit for advanced payments for prepaid
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items, which statement shall be conclusive on the association in favor of
all persons who rely thereon in good faith. Unless such request for such a
statement shall be complied with within ten (10) days from the receipt
thereof, such requesting grantee shall not be liable for and the
condominium unit conveyed shall not be subject to a lien for any unpaid
assessments against the subject condominium unit. The provisions contained
in this paragraph shall not apply on initial transfer of the condominium
units by Declarant.
27. Mortgaging a Condominium Unit - Priority. Any owner shall
have the right from time to time to mortgage or encumber his condominium
unit by deed of trust, mortgage or other security instrument. The owner of
a condominium unit may create junior mortgages (junior to the lien, deed of
trust or other encumbrance of the first mortgagee) on his condominium unit
on the following conditions: (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, the bylaws and
rules and regulations promulgated thereunder, and (2) that the mortgagee
under any junior mortgage shall release for the purpose of restoration of
any improvements on the mortgaged premises all of his right, title and
interest in and to the proceeds under all insurance policies effected and
placed on the project by the association. Such release shall be furnished
forthwith by a junior mortgagee on written request of the managing agent or
one (1) or more of the board of directors of the association, and if not
furnished, may be executed by the association as attorney in fact for such
junior mortgagee.
28. Restrictive Covenants and Obligations.
a. No Imperiling of Insurance. No owner and no owner's
guests shall do anything or cause anything to be kept in or on the project
which might cause cancellation of any insurance effected and placed on the
project by the association.
b. No Violation of Law. No owner and no owner's guests
shall do anything or keep anything in or on the project which would be
immoral, improper, offensive or in violation of any statute, rule,
ordinance, regulation, permit or other validly imposed requirement of any
governmental body.
c. No Noxious, Offensive, Hazardous or Annoying Activities.
No noxious or offensive activity shall be carried on on any part of the
project; nor shall anything be done or placed on or in any part of the
project which is or may become a nuisance or cause embarrassment,
disturbance or annoyance to other owners or their guests. No activity
shall be conducted on any part of the project and no improvements shall be
made or constructed on any part of the project which are or might be unsafe
or hazardous to any person or property. No sound shall be emitted on any
part of the project which is unreasonably loud or annoying. No odor shall
be emitted on any part of the project which is noxious or offensive to
others. No light shall be emitted from any part of the project which is
unreasonably bright or causes unreasonable glare.
d. No Unsightliness. No unsightliness or waste shall be
permitted on or in any part of the proj ect. Without limiting the
generality of the foregoing; no owner shall keep or store anything (except
in designated storage areas) on or in any of the general common elements;
no owner shall hang, erect, affix or place anything on any of the general
common elements; and, nothing shall be placed on or in windows or doors of
units, which would or might create an unsightly appearance.
e. Restriction on Animals. No animals of any kind,
including domesticated dogs or cats, livestock, reptiles and birds, shall
be kept on any part of the project unless such is expressly permitted by
the bylaws of the association and regulated by rules and regulations
promulgated by the association.
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f. Restriction on Signs. No signs or advertising devices
of any nature shall be erected or maintained on any part of the project
without the prior written consent of the board. The board shall permit the
placing of at least one (1) sign of reasonable size and dignified form to
identify the project and the condominium units therein. So long as any
condominium unit owned by Declarant in the projects remains unsold, no
owner shall be permitted to place any sign on the project or on his unit or
on any building advertising his condominium unit for sale or lease.
g. No Violation of Rules. No owner and no owner's guests
shall violate the rules and regulations adopted from time to time by the
association, whether relating to the use of units, the use of general or
limited common elements or otherwise.
h. Owner Caused Damages. If, due to the act or neglect of
an owner or such owner's guests or family, loss or damage shall be caused
to any person or property, including the project or any unit therein, such
owner shall be liable and responsible for the same except to the extent
that such damage or loss is covered by insurance obtained by the
association and the carrier of the insurance has waived its rights of
subrogation against such owner. The amount of such loss or damage may be
collected by the association from such owner as an assessment against such
owner by legal proceedings or otherwise, and such amount (including
reasonable attorney's fees) shall be secured by a lien on the condominium
unit of such owner as provided hereinabove for assessments or other
charges.
i. Parking of Vehicles. Parking of any and all vehicles on
the proj ect shall be subj ect to the rules and regulations of the
association.
j. Restrictions on Parking and Storage. No part of the
proj ect, including the public streets and private streets, drives or
parking areas, unless specifically designated by the association therefor,
shall be used as a parking, storage, display or accommodation area for any
type of trailer, camping trailer, boat trailer, hauling trailer, running
gear, boat or accessories thereto, truck or recreational vehicle, except as
a temporary expedience for loading, delivery, emergency, etc. (provided
this restriction shall not restrict trucks or other commercial vehicles
with the project which are necessary for the construction or maintenance of
the proj ect) .
Determination with respect to whether a particular activity
or occurrence shall constitute a violation of this paragraph twenty-eight
('128) shall be made by the board of directors and shall be final.
29. Association as Attorney-in-Fact - Damage and Destruction -
Obsolescence. This Declaration does hereby make mandatory the irrevocable
appointment of an attorney-in-fact to deal with the proj ect on its
destruction, repair or obsolescence.
Title to any condominium unit is declared and expressly made
subject to the terms and conditions hereof, and acceptance by any grantee
of a deed from the Declarant or from any owner shall constitute appointment
of the attorney-in-fact herein provided. All of the owners irrevocably
constitute and appoint the association their attorney-in-fact for the
purpose of dealing with the project on its destruction, repair or
obsolescence as is hereinafter provided. As attorney-in-fact, the
association, by its president and secretary, shall have full and complete
authorization, right and power to make, execute and deliver any contract,
deed or any other instrument with respect to the interest of an owner which
is necessary and appropriate to exercise the powers herein granted. Repair
and reconstruction of the improvements as used in the succeeding
subparagraphs means restoring the improvements to substantially the same
condition in which the improvements existed prior to the damage with each
unit and the general common elements and limited common elements having
substantially the same vertical and horizontal boundaries as before.
Except as is otherwise herein provided, the proceeds of any insurance
collected shall be available to the association for the purpose of repair,
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restoration or replacement unless the owners and first mortgagees agree not
to rebuild in accordance with the provisions set forth hereinafter.
Assessments for common expenses shall not be abated during the
period of insurance adjustment and repair and reconstruction.
a. In the event of damage or destruction to the project to
the extent of not more than sixty-six and two-thirds percent (66 2/3%) of
the total replacement cost thereof, not including land, due to fire or
other disaster, the insurance proceeds, if sufficient to reconstruct the
improvements shall be applied by the association, as attorney-in-fact, to
such reconstruction; and the improvements shall be promptly repaired and
reconstructed. The association shall have full authority, right and power,
at attorney-in-fact, to cause the repair and restoration of the
improvements.
b. If the insurance proceeds are insufficient to repair and
reconstruct the improvements, and if such damage is to the extent of not
more than sixty-six and two-thirds percent (66 2/3%) of the total
replacement cost of the project, not including land, such damage or
destruction shall be promptly repaired and reconstructed by the
association, as attorney-in-fact, using the proceeds of insurance and the
proceeds of an ~ssessment to be made against all of the owners and their
condominium units. Such deficiency assessment shall be a common expense
and made pro rata according to each owner's interest in the general common
elements and shall be due and payable within thirty (30) days after written
notice thereof. The association shall have full authority, right and
power, as attorney-in-fact, to cause the repair or restoration of the
improvements using all of the insurance proceeds and such assessment. The
assessment provided for herein shall be a debt of each owner and a lien on
his condominium unit and may be enforced and collected as is provided
hereinbefore. In addition thereto, the association, as attorney-in-fact,
shall have the absolute right and power to sell the condominium unit of any
owner refusing or failing to pay such deficiency assessment within the time
provided; and, if not so paid, the association shall cause to be recorded a
notice that the condominium unit of the delinquent owner shall be sold by
the association, as attorney-in-fact. The proceeds derived from the sale
of such condominium unit shall be used and disbursed by the association, as
attorney-in-fact, in the following order.
(1) For payment of taxes and special assessment liens
in favor of any assessing entity.
(2) For payment of the balance of the lien of any
first mortgage.
(3) For payment of unpaid common expenses, including
the prorata share of the deficiency assessment.
(4) For payment of junior mortgages and encumbrances
in the order of and to the extent of their priority.
(5) The balance remaining, if any, shall be paid to
the owner.
c. If the project is destroyed or damaged to the extent of
more than sixty-six and two-thirds percent (66 2/3%) of the total
replacement cost thereof, not including land, the board shall adopt a plan
for the repair and reconstruction of the project; and all owners shall be
bound by the terms and provisions of such plan unless the owners
representing an aggregate ownership interest of seventy-five percent (75%)
or more of the general common elements and at least seventy-five percent
(75%) of the first mortgagees (based on one (1) vote for each first
mortgage owned) vote not to adopt such plan within one hundred (100) days
after the damage or destruction. The association shall have the right to
use, in accordance with such plan, all proceeds of insurance for such
destruction or damages as well as the proceeds of an assessment to be made
against all of the owners and their condominium units. Any assessment made
in connection with such plan shall be a common expense and made pro rata
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according to each owner's percentage interest in the general common
elements and shall be due and payable as provided by the terms of such plan
and not sooner than thirty (30) days after written notice thereof. The
association shall have full authority, right and power, as attorney-in-
fact, to cause the repair and restoration of the improvements using all of
the insurance proceeds for such purpose, notwithstanding the failure of an
owner to pay the assessment. The assessment provided for herein shall be a
debt of each owner and a lien on his condominium unit and may be enforced
and collected as is provided hereinabove. In addition thereto, the
association, as attorney-in-fact, shall have the absolute right and power
to sell the condominium unit of any owner refusing or failing to pay such
assessment within the time provided; and, if not so paid, the association
shall cause to be recorded a notice that the condominium unit of the
delinquent owner shall be sold by the association. The proceeds derived
from the sale of such condominium unit shall be used and disbursed by the
association, as attorney-in-fact, for the same purposes and in the same
order as is provided in subparagraphs b. (1) through (5) of this paragraph.
d. If the project is damaged or destroyed to the extent of
more than sixty-six and two-thirds percent (66 2/3%) of the total
replacement cost therof, not including land, and if the owners representing
an aggregate ownership interest of seventy-five percent (75%) or more of
the general common elements and at least seventy-five percent (75%) of the
first mortgagees (based on one (1) vote for each first mortgage owned) vote
not to adopt a plan for repair and reconstruction, the association shall
forthwith record a notice setting forth such fact or facts; and, on the
recording of such notice by the association's president and secretary, the
entire remaining project shall be sold by the association, as
attorney-in-fact for all of the owners, free and clear of the provisions
contained in this Declaration, the map and the articles and bylaws. The
insurance settlement proceeds shall be collected by the association, and
such proceeds shall be divided by the association according to each owner's
interest (as such interests appear on the policy or policies); and such
divided proceeds shall be paid into separate accounts, each such account
representing one (1) of the condominium unit. Each such account shall be
in the name of the association and shall be further identified by the
condominium unit designation and the name of the owner. Thereafter, each
such account shall be supplemented by the apportioned amount of the
proceeds derived from the sale of the entire project. Such apportionment
shall be based on each owner's percentage interest in the general common
elements. The total funds of each account shall be used and disbursed,
without contribution from one (1) account to another by the association, as
attorney-in-fact, for the same purposes and in the same order as is
provided in subparagraph b. (1) through (5) of this paragraph. The
provisions contained in this subparagraph shall not hinder the protection
given to a first mortgagee under a mortgagee endorsement.
e. The owners representing an aggregate ownership interest
of seventy five percent (75%) or more of the general common elements may
agree that the general common elements are obsolete and adopt a plan for
the renewal and reconstruction provided the plan shall have the approval of
seventy-five percent (75%) or more of the first mortgagees of record at the
time of the adoption of such plan. If a plan for the renewal or
reconstruction is adopted, notice of such plan shall be recorded; and the
expense of renewal and reconstruction shall be payable by all of the owners
as a common expense, whether or not they have previously consented to the
plan or renewal and reconstruction. The association, as attorney-in-fact,
shall have the absolute right and power to sell the condominium unit of any
owner refusing or failing to pay such assessment within the time provided;
and, if not so paid, the association shall cause to be recorded a notice
that the condominium unit of the delinquent owner shall be sold by the
association. The delinquent owner shall be required to pay to the
association the costs and expenses for filing the notices, interest at the
rate of eighteen percent (18%) per annum on the amount of the assessment
and all reasonable attorney's fees and costs. The proceeds derived from
the sale of the condominium unit shall be used and disbursed by the
association, as attorney-in-fact, for the same purposes and in the same
order as is provided in subparagraph b. (1) through (5) of this paragraph.
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f. The owners representing an aggregate ownership interest
of seventy-five percent (75%) or more of the general common elements may
agree that the condominium unit are obsolete and the same should be sold.
Such plan (agreement) must have the unanimous approval or consent of every
first mortgagee. In such instance, the association shall forthwith record
a notice setting forth such fact or facts; and, on the recording of such
notice by the association's president and secretary, the entire project
shall be sold by the association, as attorney-in-fact for all of the
owners, free and clear of the provisions contained in this Declaration, the
map, the articles and the bylaws. The sales proceeds shall be apportioned
between the owners on the basis of each owner's percentage interest in the
general common elements, and such apportioned proceeds shall be paid into
separate accounts, each such account representing one (1) condominium unit.
Each such account shall be in the name of the association and shall be
further identified by the condominium designation and the name of the
owner. From each separate account, the association, as attorney-in-fact,
shall use and disburse the total amount (of each) of such accounts without
contribution from one (1) account to another for the same purposes and in
the same order as is provided in subparagraphs b. (1) through (5) of this
paragraph.
30. Condemnation.
a. Consequences of Condemnation. If, at any time or times
during the continuance of condominium ownership pursuant to this
Declaration, all or any part of the project shall be taken condemned by any
public authority or sold or otherwise disposed of in lieu of or in
avoidance thereof, the provisions of this paragraph thirty (~130) shall
apply.
b. Proceeds. All compensation, damages or other proceeds
therefrom, the sum of which is hereinafter called the "condemnation award",
shall be payable to the association.
c. Complete Taking. In the event the entire project is
taken or condemned or sold or otherwise disposed of in lieu of or in
avoidance thereof, condominium ownership pursuant to this Declaration shall
terminate. The condemnation award shall be apportioned among the owners in
proportion to their respective undivided interests in the general common
elements, provided that, if a standard different from the value of the
project as a whole is employed to measure the condemnation award in the
negotiation, judicial decree or otherwise, in determining such share the
same standard shall be employed to the extent it is relevant and
applicable.
d. Partial Taking. In the event less than the entire
project is taken or condemned or sold or otherwise disposed of in lieu of
or in avoidance thereof, the condominium ownership hereunder shall not
terminate. Each owner shall be entitled to a share of the condemnation
award to be determined in the following manner. As soon as practicable,
the association shall reasonably and in good faith allocate the
condemnation award among compensation, damages and other proceeds and shall
apportion the amounts so allocated among the owners as follows:
(1) The total amount allocated to taking of or injury
to the general common elements shall be apportioned among the owners in
proportion to their respective undivided interests in the general common
elements.
(2)
shall be apportioned to
condemned.
The total amount allocated to severance damages
those condominium units which were not taken or
(3) The respective amounts allocated to the taking of
or injury to a particular unit and/or improvements an owner had made within
his own unit shall be apportioned to the particular condominium unit
involved.
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(4) The amount allocated to consequential damages and
any other takings or injuries shall be apportioned as the association
determines to be equitable in the circumstances.
If an allocation of the condemnation award is already established in
negotiation, judicial decree or otherwise, in allocating the condemnation
award, the association shall employ such allocation to the extent it is
relevant and applicable. Any distribution of the condemnation award made
pursuant to this subparagraph shall be made by checks payable jointly to
the owners and their first mortgagees.
e. Distribution. The association shall, as soon as
practicable, determine the share of the condemnation award to which each
owner is entitled. Such shares shall be paid into separate accounts and
disbursed as soon as practicable, provided, in the event of a complete
taking, such distribution shall be made in the same manner as is provided
in paragraph twenty-nine (1129)b. of this Declaration.
f. Mortgagee Notice. The association shall give timely
written notice to each first mortgagee of the commencement of any
condemnation or eminent domain proceedings and shall notify the first
mortgagees in the event of the taking of all or any part of the general
common elements.
g. Reorganization. In the event a partial taking results
in the taking of a complete unit, the owner thereof automatically shall
cease to be a member of the association; and such owner's interest in the
general common elements shall thereupon terminate and the association, as
attorney-in-fact for such owner, may take whatever action is necessary and
execute such documents as are necessary to reflect such termination.
Thereafter the association shall reallocate the ownership and assessment
ratio determined in accordance with this Declaration according to the same
principles employed in this Declaration at its inception and shall submit
such reallocation to the owners of remaining condominium units for
amendment of this Declaration as provided in paragraph thirty-one (113l)b.
hereof.
31. Miscellaneous.
a. Duration of Declaration. All of the provisions
contained in this Declaration shall continue and remain in full force and
effect until condominium ownership of the project and this Declaration are
terminated, revoked or amended as hereinafter provided.
b. Amendment and Termination. Any provision contained in
this Declaration may be amended or additional provisions may be added to
this Declaration and condominium ownership of the project may be terminated
or revoked by the recording of a written instrument or instruments
specifying the amendment or addition or the fact of termination and
revocation, executed by the owners, as shown by the records of the office
of the Clerk and Recorder of the County of Pitkin, Colorado, of condominium
units representing an aggregate ownership interest of sixty seven percent
(67%), or more, of the general common elements and first mortgagees whose
liens encumber an aggregate ownership interest of seventy-five percent
(75%) or more of the general common elements (except no provision of this
Declaration requiring the approval or consent of more than seventy-five
percent (75%) of such first mortgagees may be amended without the consent
of at least the minimum number of first mortgagees whose approval or
consent is required under such provision) provided, however, in no event
shall the undivided interest of an owner in the general common elements be
decreased without the unanimous consent of each owner and each first
mortgagee and provided, further, so long as Declarant continues to own one
(1) or more condominium units, which he is holding for rental or sale, no
right of Declarant contained in this Declaration may be amended or modified
without the consent of Declarant. The consent of any junior mortgagees
shall not be required under the provisions of this paragraph. The
association shall, at least ten (10) days prior to the effective date of
any amendment to this Declaration, notify all first mortgagees of record of
such amendment. Notwithstanding the foregoing, no provision contained in
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-0_;
this Declaration which is required by or for the benefit of the City of
Aspen pursuant to the provisions of ~ 20-23 of the Municipal Code of the
City of Aspen, Colorado, as amended, may be amended or terminated without
the prior written approval of the City of Aspen.
c. Effect of Provisions of Declaration. Each provision of
this Declaration and an agreement, promise, covenant and undertaking to
comply with each provision of this Declaration and any necessary exception
or reservation or grant of title, estate, right or interest to effectuate
any provision of this Declaration shall:
(l) be deemed incorporated in each deed or other
instrument by which right, title or interest in the proj ect or in any
condominium unit is granted, devised or conveyed, whether or not set forth
or referred to in such deed or instrument;
(2) by virtue of acceptance of any right, title or
interest in the project or in any condominium unit by an owner be deemed
accepted, ratified, adopted and declared as a personal covenant of such
owner and, as a personal covenant, shall be binding on such owner and such
owner's heirs, personal representatives, successors and assigns and shall
be deemed a personal covenant to, with and for the benefit of the
association and not to, with or for the benefit of any other non-aggrieved
owner;
(3) be deemed a real covenant by Declarant, for
itself, its successors and assigns and also an equitable servitude running,
in each case, as a burden with and on the title to the project and each
condominium unit and, as a real covenant and also as an equitable
servitude, shall be deemed a covenant and servitude for the benefit of the
project and each condominium unit; and
(4) be deemed a covenant, obligation and restriction
secured by a lien in favor of the association burdening and encumbering the
title to the project and each condominium unit in favor of the association.
d. Protection of Encumbrancer. Subject to the provisions
of paragraph twenty-seven ('127) above, no violation or breach of or failure
to comply with any provision of this Declaration and no action to enforce
any such provision shall affect, defeat, render invalid or impair the lien
of any first mortgage or other lien on any condominium unit taken in good
faith and for value and perfected by recording in the office of the Clerk
and Recorder of the County of Pitkin, Colorado, prior to the time of
recording in such office an instrument describing the condominium unit and
listing the name or names of the owner or owners of fee simple title to the
condominium unit and giving notice of such violation, breach or failure to
comply; nor shall such violation, breach, failure to comply or action to
enforce, affect, defeat, render invalid or impair the title or interest of
the holder of any such first mortgage or other lien or the title or
interest acquired by any purchaser on foreclosure of any such first
mortgage or other lien 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 provided, however, that violation
or breaches of or failure to comply with any provisions of this Declaration
which occurred prior to the vesting of fee simple title in such purchaser
shall not be deemed breaches or violations hereof or failures to comply
herewith with respect to such purchaser, his heirs, personal
representatives, successors or assigns.
e. Supplemental to Law. The provisions of this Declaration
shall be in addition and supplement to the Condominium Ownership Act of the
State of Colorado and to all other provisions of law.
f. Numbers and Genders. 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.
- 23 -
/--,
......,,41
g. Registration by Owner of Mailing Address. Each owner
shall register his mailing address with the association and except for
quarterly statements and other routine notices which shall be personally
delivered or sent by regular mail, all other notices or demands intended to
be served on an owner shall be delivered personally or sent by either
registered or certified mail, postage prepaid, addressed in the name of the
owner at such registered mailing address. All notices, demands or other
notices intended to be served on the board of directors of the association
or the association shall be sent certified mail, postage prepaid, to
Robert Morris, 730 E. Durant, Aspen, Colorado 81611.
agent for service, until such address is changed by a notice of address
duly recorded with the office of the Secretary of State of Colorado.
h. Successors in Interest. This Declaration shall be
binding on and shall inure to the benefit of the Declarant, the association
and each owner and the heirs, personal representatives, successors and
assigns of each of them.
i. Severability. Invalidity or unenforceability of any
provision of this Declaration in whole or in part shall not affect the
validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration.
j. Captions. The captions and headings in this Declaration
are for convenience only and shall not be considered in construing any
provision of this Declaration.
k. No Waiver. Failure to enforce any provision of this
Declaration shall not operate as a waiver of any such provision or of any
other provision of this Declaration.
1. Sales and Construction Facilities and Activities
of Declarant. Notwithstanding any provision to the contrary contained
herein, Declarant, its agents, employees and contractors shall be permitted
to maintain during the period of any construction and/or sale of the
condominium units in the project, on such portion of the project as
Declarant may choose, such facilities as in the sole opinion of the
Declarant may be reasonably required, convenient or incidental to the
construction, sale or rental of condominium units, including without
limitation, a business office, storage area, construction yards, signs,
model units, sales office, construction office, parking areas and lighting
and temporary parking facilities for all prospective tenants or purchasers
of condominium units. In addition, Declarant, its agents, employees and
contractors shall have the right to ingress and egress in and through all
units during the period of the construction and/or sale of the condominium
units for the purpose of any required or desired refurbishment,
construction, maintenance or repair to such units or the building or any
part thereof. .
m. Rule Against Perpetuities. If any of the options,
privileges, covenants, or rights created by this Declaration shall be
unlawful, void or voidable for violation of the rule against perpetuities,
such provision shall continue only until twenty-one (21) years after the
death of the survivor of the now living descendants of the President of the
United States, Ronald Reagan and Governor of Colorado, Richard Lamm.
32. Recreational Facilities. The recreational facilities of the
project, shall be subject to any rules and regulations promulgated by the
association; and same shall be available for the use of all owners and
their guests.
33. New Additions of General Common Elements and Limited
Common Elements. The Declarant does not intend to make any major additions
of general or limited common elements other than is contemplated in
paragraph 41, below, regarding expansion of the project. If the
association subsequently would make any additions, however,
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a. each owner would be responsible for his percentage of
any increase in common expenses created thereby,
b. each owner would own, as a tenant in common with the
other owners, an undivided percentage interest in the new additions in
accordance with the interest set forth in paragraph 3, above,
c. each owner's relative percentage interest in the
existing general and limited common elements would be unaffected by such
additions, and
d. each owner's voting interest in the association would be
unaffected by the additions.
34. Certificate of Identity. There shall be recorded from time
to time a certificate of identity which shall include the addresses of the
persons then comprising the management body (directors and officers)
together with the identity and address of the managing agent. Such
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.
35. Personal Use Restriction. An owner's personal use of his
unit shall be restricted to not more than fourteen (14) days during the
seasonal period of December 18 - March 20. This seasonal period is
hereinafter referred to as "high season". "Owner's personal use" shall be
defined as owner occupancy of a unit or occupancy of a unit by a nonpaying
guest of the owner or taking the unit off the rental market during high
season for any reason other than for necessary repairs which cannot be
postponed or which make the unit unrentable. This restriction shall not
preclude the occupancy of the unit by a lodge manager or staff employed by
the lodge. This restriction has been imposed by the City of Aspen and is
not included to benefit the Declarant but rather to continue a use deemed
necessary by the City of Aspen. In the event the City of Aspen amends or
repeals these portions of its Municipal Code such that the restrictions
embodied in this paragraph 35 and paragraphs 37, 38 and 39 below are no
longer required as a condition to approval for the condominiumization of a
lodge, then the restrictions contained in this paragraph 35 and paragraphs
36, 37, 38 and 39 below shall be deemed to lapse and the Board of Directors
of the Association shall be authorized to obtain from the City of Aspen and
record a certificate which reflect that the property is released from such
restriction.
36. Assessment for Violation of Personal Use Restriction. A
violation of the owner's personal use restriction by a unit owner as such
personal use restriction as defined in paragraph thirty-five ('135) above,
shall subject the owner to a daily assessment by the association of three
(3) times the daily rental rate for the unit as such rental rate is at the
time of the violation. This assessment shall be due and owing from the
time of violation. The assessment, when paid, shall be deposited in the
general fund of the association and shall be used to upgrade and repair the
common elements of the condominium. All sums assessed against an owner for
violation of an owner's personal use restriction and unpaid shall
constitute a lien for the benefit of the association on that owner's unit,
which lien may be evidenced by written notice placed of record in the
office of the Clerk and Recorder of Pitkin County, Colorado, and may be
collected by foreclosure on an owner's condominium unit by the association
in like manner as a mortgage or deed of trust on real property. In the
event the association fails to enforce the owner's personal use
restriction, the City of Aspen shall have the right to enforce the
restriction by the assessment, lien and right of foreclosure provided for
herein. In the event the City enforces the restriction, the City shall be
entitled to the funds collected as a result of the assessment for
violation. In the event of litigation resulting from the enforcement of
this personal use restriction, as part of its award to the prevailing
party, the court shall award such party its court costs together with
reasonable attorney's fees incurred.
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37. Annual Report to City. The City of Aspen shall have the
right to require from the association an annual report of owner's personal
use during high season for all the condominium units.
38. Employee Unit. Unit 100 of the condominium containing 584
square feet and sleeping accommodations for two (2) persons is hereby
restricted solely to use as employee housing as required by ~ 20-23, of
the Municipal Code of the City of Aspen and to rental and sales terms and
price guidelines, qualifications guidelines, and to occupancy limitations
within employee housing guidelines now established by the City Council of
the City of Aspen or its designee, or as such guidelines may from time to
time be amended by the City Council. Subject to these restrictions
Declarant shall transfer the employee unit to the Association by general
warranty deed subsequent to the date of recording of this Declaration and
before Declarant transfers any of the other units in the condominium.
39. Maintaining Lodge Condominium Project as a Lodge Facility.
Declarant, for itself and its successors in interest, hereby acknowledges
that by virtue of the establishment of this lodge condominium project as a
"Condominiumized Lodge" pursuant to the provisions of ~ 20-23 of the
Municipal Code of the City of Aspen, Colorado, adopted by Amendment to
Chapter 20 of the code denominated Ordinance No. 14 (Series of 1980) (this
Code section is hereinafter referred to as "the Lodge Condominiumization
Ordinance"), use and maintenance of the common elements are restricted by
the provisions of the Lodge Condominiumization Ordinance and these
restrictions are set forth in this paragraph thirty-nine ('139), use of the
units is restricted by the Lodge Condominiumization Ordinance which
restrictions are set forth above in paragraphs thirty-five ('135) and
thirty-six ('136) and this paragraph thirty-nine ('139); maintaining the
condominium proj ect as a lodge facility is required by the lodge
Condominiumization Ordinance, as is set forth in this paragraph thirty-nine
('139); and, availability of the units to the general tourist market is
required by Lodge Condominiumization Ordinance as set forth in paragraph
thirty-five ('135) above and in this paragraph thirty-nine ('139).
a. On site management required by City is for the benefit
of the individual unit owner should the owner desire it, but any owner is
free to obtain his own manager for his specific unit.
b. The units shall remain in the short-term rental market
to be used as temporary accommodations available to the general tourist
market. This condition shall 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, or by such other means as may be
approved by the Aspen City Council. Paragraph thirty-five ('135) above sets
forth the restriction relative to a unit owner's personal use of a unit.
c. 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 the Lodge Condominiumization Ordinance, consistent in
quality and quantity to those provided by the Applejack Inn 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 the Lodge Condominiumization
Ordinance, all of which services shall be deemed condominium common
expenses:
(1) on-site management from 8:00 a.m. to 10:00 p.m.
seven days a week between December 18 and March 20, and between June 15 and
labor day weekend of each year;
(2) twenty-four (24) hour services on call between
December 18 and March 20, and between June 15 and labor day weekend of each
year;
(3) a buffet breakfast of baked goods, juice, cereal,
coffee or the equivalent between December 18 and March 20, and between June
15, and Labor Day weekend of each year;
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,
(4) the following amenities shall be available to the
lodge guests: buffet breakfast (during high season only), cable
television, lobby common area, telephone in room, bellman service on
request;
(5) front desk service between 8:00 a.m. and 10:00
p.m. seven days per week between December 18 and March 20 and between June
15 and labor day weekend of each year, which service shall include
check-in, key pick-up and check-out;
(6) maid service for the lodge guests on a daily basis
between December 18 and March 20 and between June 15 and labor day weekend
of each year.
d. 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.
e. In order to comply with the provisions of the Lodge
Condominiumization Ordinance, 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
within 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 (30) days within which to commence compliance with
such decisions, and full compliance shall be made within the ensuing sixty
(60) 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 a 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 thirty-nine ('139)e., 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 (20%)
of such monies expended, within three (3) 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 amount shall be deemed an unpaid special assessment in
default and the association shall have a lien on the unit forec10sab1e
pursuant to the provisions contained in paragraph twenty-five ('125) above.
f. In order to comply with the provisions of the Lodge
Condominiumization Ordinance, and in order that the condominium project may
be maintained in a first-class lodge facility as contemplated by the Lodge
Condominiumization Ordinance, the Declarant agrees for itself and its
successors in interest, that the following requirements will be complied
with:
(1) If a unit owner desires to sell a unit, the
showing of the unit to prospective purchasers shall be done through the
appointment with the front desk management only, in order that any lodge
guests in the unit shall not be inconvenienced.
(2) A unit owner's choice of days to be utilized for
personal use during any given high season (subj ect to the restrictions
contained in paragraph thirty-five ('135) above) shall be delivered in
writing to the board of managers prior to the first day of August preceding
commencement of each winter season.
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..., e'
g. The failure to comply with any provision of this
paragraph thirty-nine (1139) or an action to enforce any such provision
shall not in any way 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 the failure to comply. The failure to comply or an action
to enforce shall not 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 and shall not 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 the violations or
breaches of, or failure to comply with, any provisions of this paragraph
thirty-nine (1139) 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 or his
successors in interest.
40. Time Sharing. Subject to applicable governmental
regulations, timesharing or other similar, legally recognized time span or
fractional fee ownership interests shall be permitted in HOTEL ASPEN, a
condominium.
41. Expansion of Project - Reservation of Right to Expand.
Declarant reserves the right to expand this condominium ownership project
to include additional lodge condominium units and or any other improvements
within the area delineated as a designated area of expansion on the
condominium map. Any additional units or other improvements shall be of
the same general quality as the units presently existing in the project.
The additional units or other improvements, if constructed, shall be
located on all or part of the area delineated as the designated area of
expansion on the condominium map.
a. Supplemental Declarations and Supplemental Condominium
maps. The expansion may be accomplished by filing for record by Declarant
in the Pitkin County, Colorado, real estate records no later than ten (10)
years from the date of the Declaration a supplement to this Declaration
describing the additional units, improvements and those matters provided
for in subparagraph d. of this paragraph 41 together with a supplemental
condominium map containing the same information with respect to the
additional units and/or improvements as was required on the original
condominium map with respect to the presently existing buildings and
improvements or as otherwise required by law. Prior to the recordation of
any such supplemental declarations and supplemental maps, said supplemental
declaration and supplemental maps shall be submitted to the City of Aspen
for its review and approval. The City's right of review and approval shall
be limited to those matters over which it has authority by virtue of the
provisions of ~~ 20-19, 20-21 and 20-23 of the Municipal Code of the City
of Aspen.
b. Expansion of Definitions. In the event of expansion,
the definitions used in this Declaration automatically shall encompass and
refer to the project as so expanded. All conveyances of condominium units
after an expansion shall be effective to transfer rights in the project as
expanded by use of the form of description set forth in paragraph 7 hereof.
The recordation in the Pitkin County, Colorado, real
estate records of a supplemental condominium map incident to any expansion
shall operate automatically to grant, transfer and convey to the owners of
condominium units in the project as it existed before the expansion an
undivided interest in the new common elements added to the project as the
result of the expansion. The recordation shall also operate to expand the
security interest of any then mortgagee of a condominium in the project as
it existed before the expansion to include the undivided interest acquired
by the owner of the condominium unit in the common elements so added to the
project. The recordation shall also operate automatically to grant,
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transfer and convey to the owners of condominium units on the real property
described in the supplemental declaration an undivided interest in the
previously existing common elements of the project.
c. Declaration Operative on New Units. Any such
additional units and improvements shall be subject to all the terms and
conditions of this Declaration and of any supplemental declaration or
declarations, and shall be subject to condominium ownership with all the
incidents pertaining thereto as specified herein on placing the
supplemental condominium map and supplemental condominium declaration of
public record in the Pitkin County, Colorado, real estate records.
d. Computation of Fractional Undivided Interest in Common
Elements. For the purpose of computing the undivided interest of owners in
common elements, each of the condominium units has been assigned an
undivided percentage interest determined by Declarant, as is set forth in
paragraph 3, above, which determination has been made by comparing the
square foot area within a unit to the total square foot area of all units
in the project except the employee unit. The undivided interest in common
elements constituting part of any condominium unit except the employee unit
shall be recomputed using the same method of computation originally used
when and if the expansion provided for herein is completed and this
Declaration shall be accordingly amended to reflect these adjusted
interests and to allocate these interests in common elements created
appurtenant to the new condominium units.
e. Reservation of Easement. Declarant reserves for ten
(10) years an easement over the real property of the condominium to the
extent necessary for the construction of the additional building and
improvements.
f. Expiration of Right to Expand. In the event the
construction of the expansion is not accomplished within ten (10) years
from the date of execution of this Declaration, this reservation of the
right to expand by the Declarant shall be null and void.
IN WITNESS WHEREOF, Declarant has duly executed this Declaration this
day of , 198
ASPEN GROUP, INC.
a Colorado Corporation
By
PRESIDENT
By
SECRETARY
APPROVED AS TO FORM:
PAUL J. TADDUNE, CITY ATTORNEY
FOR THE CITY OF ASPEN
This Condominium Declaration and the provisions thereof pertaining to
approvals by the City of Aspen (paragraphs 31, 35, 36, 37, 38, 39 and 41)
are hereby accepted by the City of Aspen.
CITY OF ASPEN
By
WILLIAM STIRLING, MAYOR
The above set forth approval as to form and acceptance are limited only to
those provisions over which the City of Aspen has authority pursuant to
~ 20-23 of the Municipal Code of the City of Aspen.
(SIGNATURE LINES AND ACKNOWLEDGEMENTS CONTINUE ON FOLLOWING PAGE)
- 29 -
ATTEST:
......
KATHRYN S. KOCH, CITY CLERK
STATE OF COLORADO)
) ss
COUNTY OF PITKIN )
of
Secretary
The foregoing instrument was acknowledged before me
, 198 ,by as President, and
of ASPE~ROUP, INC., a Colorado corporation.
WITNESS my hand and official seal.
My Commission expires:
Notary Public
Address
- 30 -
this
day
as
"r' ,
>"C">,
" ,..;I'
CERTIFICATE OF MAILING
I hereby certify that on this fol/day of (/01
198;/, a true and correct c;opy of the attached Noti& (!jf Public
Heating was deposited in the United States mail, first-class postage
prepaid, to the adjacent property owners as indicated on the attached
list of adjacent property owners which was supplied to the Planning
Office by the applicant in regard to the case named on the public
notice.
!it ,It li. J.rj/., r,. (j) J {J ,,(;Iv ~ ~
Ja t Lynn e~nste~n
..
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-
PUBLIC NOTICE
RE: Nugget Lodge Zoning Correction
NOTICE IS HEREBY GIVEN that a public hearing will be held on
August 7, 1984, at a meeting to begin at 9:00 A.M. before .tne Aspen
Planning and Zoning Commission, to consider an application submitted
by The Aspen Group, Inc. for a rezoning to L-3 of the entire parcel
for the Nugget Lodge, 110 W. Main, Aspen, Colorado. A small portion
of the parcel was left out of the legal description included in the
class action L-3 rezoning that was accomplished by Ordinance 68,
Series of 1982.
For further information, contact the Planning Office, 130 S. Galena
Street, Aspen, Colorado 81611 (303) 925-2020, ext. 223.
s/Perry Harvey
Chairman, Aspen Planning
and Zoning Commission
========================================================================
City of Aspen Account.
Published in the Aspen Times on July 12, 1984.
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BLOCK 50
The East 10.Feet of P and all of Lots
Q, R and S, Block 50
Daly Construction, Inc., a Colorado corporation
5302 Vista Rica St.
Scottsdale, Arizona 85253
BLOCK 51
Lot G, Block 51
Don D. Pevehouse and Ann W. Pevehouse
1509 Princeton Drive
Corsicana, Texas 75110
All of Lots H,and I,
Block 51
O. Louis Wille and Frances Lynette Wille
200 West Main
Aspen, CO 81611
Lots P & Q, Block 51
Irving Shechter and Lise B. Shechter
Box 4OJ.
Aspen, CO 81612
All of Lots R and S, Block 51
o. Louis Wille and Frances Lynette Wille
200 West Main
Aspen, CO 81611
.
BLOCK 52
Lots H and I,
Block 52
Hugh A. Chisholm and Edith Chisholm
205 West Main Street
Aspen, CO 81611
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BLOCK 57
ELEMENTARY SCHOOL
ASPEN ELEMENTARY SCHOOL
Box 300
Aspen, CO 81612
BLOCK 58
Lot A, Block 58
Kitty Baldwin Weese
314 West Willow
Chicago, Illinois 60614
Lot B and the West one-half of C,
Block 58
Olive H. Trescott
1111 Race Street, #P.A.
Denver, CO 80206
East ~ of C, all of Lot D, and the West ~
of E, Block 58
Maudi W. Willson
121 West Bleeker
Aspen, CO 81611
East ~ of E and all of F, G, H and I,
East ~ of 0 and all of P, Q, R and S,
Block 58
NUGGET "LODGE
Lots K, .L, M, N and the West 1:. of 0
Block 58
David Moss
132 West Main Street
Aspen, CO 81611
Leasehold
Ci ty of Aspen
OWner
BLOCK 59
LOTS A and B, Block 59
Michael Otte and David Melton
135 West Main Street
Aspen, CO 81611
Lots C and D, Block 59
Ralli Dimitrius and Jo-Ellen Huebner-Dimitrius
200 S. Sierra Madre Blvd,
Pasadena, CA
Lots E, F, G, H and I,
Block 59
ASPEN SKI LODGE
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Unit 3, Aspen Ski Lodge Condominiums
Lawrence Roslaw
Harry Hirsh
Keith Langdon
10312 Summertime
Culver City, CA
1/3 interest
1/3 interest
1/3 interest'
90230
Unit 4, ASPEN SKI LODGE CONDOMINIUMS
Howard L. Richmond, III
Phyllis W. Richmond
Howard L. Richmond
Barbara A. Richmond
3712 E. Costilla Avenue
Littleton, Colorado 80122
Unit 8, ASPEN SKI LODGE CONDOMINIUMS
Jerry Monkarsh _
Joyce Monkarsh
Camden Resources
9061 Santa Monica Blvd.
Los Angeles, CA 90069
Unit 9, ASPEN SKI LODGE CONDOMINIUMS
Jerry Monkarsh and Joyce Monkarsh
Camden Resources
9061 Santa Monica Blvd.
Los Angeles, CA 90069
Unit 13, ASPEN SKI LODGE CONDOMINIUMS
Perry Altshule and Elda R. Altshu1e
4655 Libbit
Encino, CA 91436
Units 14 and 15, ASPEN SKI LODGE CONDOMINIUMS
W V INVESTMENT, A COLORADO GENERAL PARTNERSHIP
424 S. CAscade Avenue
Colorado Springs, CO 80903
Unit 19, ASPEN SKI LODGE CONDOMINIUMS
Perry Atlshule and E1da R. Atlshule
4655 Libbit
Encino, CA 91436
Unit 20, ASPEN SKI LODGE CONDOMINIUMS
Barry Smooke and Jullie Smooke
11821 Bel Terrace
Los Angeles, CA 90049
Unit 21, ASPEN SKI LODGE CONDOMINIUMS
Jerry Monkarsh and Joyce Monkarsh
Camden Resources
9061 Santa Monica Blvd.
Los Angeles, CA 90069
REMAINING UNITS
J. P. W., a Colorado Partnership
c/o Molly Gibson Lodge
120 West Hopkins
Aspen, CO 81611
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LOTS K and L, BLOCK 59
Tad Anderson
P.O. Box 342
Center, CO 81125
1/9 interest
Lori Anderson
P.O. Box 342
Center, CO 81125
1/9 interest
Mark Anderson
Box 342
Center, CO 81125
1/9 interest
Katherine J. Kaspar
5308 Adenmoor
Lakewood, CA 90713
1/3 interest
Hazel Loushin
P.O. Box 782
Aspen, CO 81612
1/3 interest
LOTS M, N, R and S, BLOCK 59
Sebastian J. Brungs, Trustee
Cecilia A. Brungs, Trustee
Box 966
New Castle, CO
LOTS 0, P and Q, BLOCK 59
David F. Jones
120 West Hopkins Ave.
Aspen, CO 81611
BLOCK 65
Lot A and the West 4.86 Feet of Lot B
Block 65
Charles W. Dwight, III
c/o Siena Co.
112 South Mill St.
Aspen, CO 81611
The East 24.14 feet of Lot B and the West 8.00
feet of Lot C, Block 65
Donald Paul KrUlIUD
P.O. Box 874
Aspen, CO 81612
The East 22 feet of Lot C, the West 7 Feet of
Lot E and all of Lot E, Block 65
Richard B. Johnson and Montae Imbt Johnson
6820 Bradbury
Dallas, TX 75230
Lot K, Block 65
Edwin J. Grosse and Adeline M. Grosse
34135 Hunters Row
Farmington Hills, Michigan 48018
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Lots L and M, Block 65
Wilson V, Garrett and Janella H. Garrett
7l5B Hi11green
Dallas, TX
Lots N and the West 21.01 feet of 0, Block 65
114 EAST BLEEKER CONDOMINIUMS
Unit 101
Virginia First, Inc., a West Virginia Corporation
c/o Ogden Newspaper, Inc.
1500 Main Street
Wheeling, West Virginia 26003
Unit 102
Harold R. Barnett and Robert L. Orr
500 Patterson Road
Grand Junction, CO 81501
The East 3,99 feet of Lot 0, all of Lot P, and
the West 14.56 feet of Lot Q, Block 56
HOGUET CONDOMINIUMS
Unit 1
Constance M. Hoguet
1 East 66th Street
New York, NY
Unit 2
Constance R. Hoguet
1 East 66th Street
New York, NY
BLOCK 66
Lots A and B, Block 66
Larry Saliterman
2240 Lee Avenue North
Minneapolis, MN 55424
Lots C, D and E, Block 66
Mountain Bell
Corporate Headquarters
Attn: Mr. James B. Walts or R. Wurst
931 Fourteenth St.
Denver, CO 80202
Lots F, G, H, I, P, Q, R and S, Block 66
T.J. Sardy and Alice Rahcel Sardy
Box 1065
Aspen, CO 81612
Lots K, L and the Westerly 10 feet of Lot M, Block 66
Aspen Clinic Building, a Colorado Partnership
100 East Main Street
Aspen, CO 81611
The Easterly 20 feet of Lot M, all of Lot N and all of Lot 0, Block 66
The Board of County Commissioners of pitkin County, Colorado
County Courthouse, Aspen, CO B1611
MEMORANDUM
TO:
Aspen Planning and Zoning Commission
FROM:
Colette penne, Planning Office
Nugget Lodge - Subdivision Exception/Zoning Correction
RE:
DATE:
August 7, 1984
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LOCATION:
110 W. Main
(East 1/2 of Lots E and 0, all of Lots F, G, H, I,
P, Q, Rand S, Block 58, City and Townsite of Aspen)
ZONING:
L-3
APPLICAR'!'S' REQUEST:
The applicants are requesting a subdivision exception for the purpose
of condominiumizing the lodge according to Section 20-23. Simultaneously,
the Planning and Zoning Commission is sponsoring a rezoning for the
entire parcel to be zoned L-3, which will correct an error in its
initial rezoning to L-3.
PLANNING OFFICE REVIEW:
The Nugget is an L-3 lodge and is in conformance with the 1: 1 FAR.
The calculated floor area ratio is presently about 0.53: 1. Secti on
20-23 of the Municipal Code regulates the condominiumization of lodges.
It is the intent of 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
submitted by the applicant which will be recorded with the Clerk
and Recorder's Office.
The owners I personal use restriction imposed by Section 20-23 (1) (a)
is included verbatim in the Condominium Declaration on page 25, Item
35. Similarly, the assessment for violation of the Personal Use
Restriction and methods for collection are set out in the Declaration
as required by Section 20-23(1) (b) as Item 36 on page 25. Item 37,
page 26 states that "the City of Aspen shall have the right to require
from the association an annual report of owners' personal use dur ing
high season for all the condominium units."
Section 20-23 (A) (2) requires that a condominiumized lodge provide
a minimum of two pillows of employee housing or that amount of employee
housing that has been provided for three (3) years previous to the
time of condominiumization, which is greater.
The employee housing "traditionally" provided was 520 s.f. The unit
to be deed-restricted is Unit 1100 which is 584 s.f. and can accommodate
the required two pillows.
An affidavit of lodge services has been submitted by the applicant,
describing on-site management, maintenance, and other tourist accommo-
dation services during high seasons for the past three years. On-
site management has been available from 8:00 A.M. to 10:00 P.M.
Maintenance not handled by on-site management has been contracted
to outside professionals.
The commitments made in the Condominium Declaration which show compliance
with previous levels of services are made on Page 26 and 27:
"(1) On-site management from 8:00 A.M. to 10:00 P.M. seven days
a week between December 18 and March 20, and between June
15 and Labor Day weekend of each year;
...../
(2)
Twenty-four
18 and March
of each year;
(24) hour services on call between December
20, and between June 15 and Labor Day weekend
(3) A buffet breakfast of baked goods, juice, cereal, coffee
or the equivalent between December 18 and March 20, and
between June 15 and Labor Day weekend of each year;
(4) The following amenities shall be available to the lodge
guests; buffet breakfast (during high season only), cable
television, lobby common area, telephone in room, bellman
service on request;
(5) Front desk service between 8:00 A.M. and 10:00 P.M. seven
(7) days per week between December 18 and March 20 and
between June 15 and Labor Day weekend of each year, which
service shall include check-in, key pick-up and check-out;
and
(6) Maid service for the lodge guests on a daily basis between
December 18 and March 20 and between June 15 and Labor
Day weekend of each year.
Transportation services have not been provided nor are they proposed.
The condominium units must remain available to the general tourist
market. The Nugget has been a member of the Aspen Resort Association
and the Chamber of Commerce. They commit to remaining a member of
the Aspen Resort Association and to advertising in the Aspen Yellow
Pages.
The applicants have submitted that the common areas of the lodge
.shall remain common areas and be maintained in a manner consistent
with their previous character. Any changes, alterations or renovations
made to common areas shall not diminish the size nor quality of the
total common areas, but shall improve them..
The lodge must be physically upgraded as a result of the condominiumiza-
tion. The applicant intends to comply with Section 20-23 (A) (6) (a)
by upgrading the lodge through investment of an amount equal to or
greater than thirty (30) percent of the assessed value of the property,
as condominiumized. Current assessed value is $136,310 according
to information the applicant was supplied from the County Assessor's
Office. A twenty percent (20%) increase is attributed to condominiumi-
zation, bringing the value to $163,000. Thirty percent (30%) of
this value is about $48,900. The applicant commits to spending $350,000
on improvements. This expenditure will be considerably in excess
of the requirement. Plans must be submitted to and approved by the
City Builidng Inspector within nine (9) months of condominiumization
approval and the upgrading must be completed within twelve (12) months
after the building permit for such upgrading is issued.
Subsection (c) requires that the applicant execute a promissory note
payable to the City secured by a trust deed encumbering the lodge
property to assure that the physical upgrading is accomplished.
This is included as a condition of approval.
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 twenty-one (21) years. Any modifi-
cation 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.
The Engineering Department has noted that the new property owner
intends to request vacation of the alley, and they suggest three
(3) requirements that th is action should make a part of the record.
- 2 -
They would be conditions of the alley vacation request rather than
of this action. They are outlined in the attached comments of Jay
Hammond's memo of July 25, 1984.
The rezoning that is being requested and sponsored by Planning and
Zoning seeks to correct an error. That error was made when the class
action L-3 rezoning was accomplished by Ordinance 68, Series of 1982.
The legal description supplied by the applicant inadvertantly omitted
the east one-half (1/2) of Lots E and O. This rezoning of the omitted
area would make the entire parcel zoned L-3 and would correct the
earlier error. The legal description of the full parcel is:
The east one-half of Lots E and 0, and all of Lots F, G,
H, I, P, Q, R, S, Block 58, City and Townsite of Aspen.
PLAIlRIRG OFFICE RECOMMENDATION:
The Planning Office recommends that you recommend the rezoning of
the east one-half (1/2) of Lots E and 0 to L-3 and subdivision exception
for the purpose of condominiumization of the Hotel Aspen (formerly
the Nugget Lodge) with the following conditions:
1. Submission and recordation of a condominium map.
2. The applicant and future condominium association is subject
to participation in future improvement districts by covenant
pursuant to the City's standard language.
3. The condominium declaration and associated documents must
be approved by the City Attorney following approval and
prior to recordation.
4. Submission of plans to upgrade the lodge by a value of
$350,000 to the Building Department within nine (9) months
of this approval and the work must be completed within
twelve (12) months of the issuance of the building permit.
5. Execution of a promissory note payable to the City secured
by a trust deed encumbering the lodge property to assure
that the physical upgrading will be accomplished. The
terms of the note shall be as set out in Section 20-23(A) (6) (c)
of the Code.
6. A deed-restriction approved by the County Attorney must
be filed with the Clerk and Recorder of Pitkin County,
Colorado, restricting Uni t #100 to employee housing guidelines.
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APPLICATION FOR CONDOMINIUMIZATION
OF AN EXISTING LODGE
Pursuant to Section 20-23 of the Municipal Code of the
City of Aspen (Ordinance 14-series of 1980) THE ASPEN GROUP,
INC. (hereinafter referred to as "applicant") hereby applies
for approval from the City of Aspen for its plan to condomi-
niumize the lodge existing on certain real property situated
in the City of Aspen described as the East ~ of Lots E and
0, all of Lots F, G, H, I, P, Q, Rand S, Block 58, City and
Townsite of Aspen, Pitkin County, Colorado, and commonly
known as The Nugget Lodge.
A. ATTACHMENTS
Attached to the application are the following exhibits:
1. Letter from Transamerica Title Insurance Co.,
showing proof of ownership.
2. Improvement survey for the property.
3. Site inventory for the property including in
detail the actual configuration of the lodge facility, the
common areas and the location of any amenities serving the
lodge.
4. Draft of proposed condominium declaration
required by Section 20-23 (a) (1).
5. Affidavi t of applicant concerning services
required by Section 20-23 (a) (3) .
B. OWNERS' USE RESTRICTION
Applicant agrees to restrict the owners' personal use
of the condominium units as per the requirements of Section
20-23 (a) (1)
(a), (b) and (c) as is specified in the
proposed condominium declaration attached hereto as Exhibit
4.
C. EMPLOYEE HOUSING
520 square feet has traditionally been used for
employee housing. This or a comparable on-site unit will be
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permanently designated as employee housing. This unit can
accommodate the required two pillows of employee housing.
D. SERVICES AND MANAGEMENT
Applicant agrees to provide on-site management,
maintenance and other tourist accommodation services
consistent in quality and quantity to those provided during
the high seasons for the three (3) years previous to the
time of application. A description of the services provided
by the lodge for the three (3) years previous is set forth
in the affidavit attached hereto as Exhibit 5. Applicant
agrees the lodge shall continue to provide on-site
management from at least 8:00 a.m. to 10:00 p.m. during the
high season.
E. TOURIST MARKET
Applicant agrees the condominium units shall remain
available to the general tourist market. In order to assure
these units do remain available to the general tourist
market, applicant has provided for the fourteen (14) day
owners' personal use restriction in the condominium
documents.
In addition, the lodge will continue to be a
member of the Aspen Resort Association and to advertise in
the Aspen Yellow Pages.
F. COMMON AREAS
Applicant agrees the common areas of the lodge shall
remain common areas and be maintained in a manner consistent
with their previous character. Any changes, alterations or
renovations made to common areas shall not diminish the size
nor quality of the total common areas, but shall improve
them.
G. CAPITAL IMPROVEMENTS
The assessed value of the Nugget according to the
Pitkin County Assessor's office is $136,310.00.
Thirty
- 2 -
percent of this value is $40,000.00.
The applicant is
willing to commit to spend $350,000.00 on improvements to
the Lodge which far exceed the requirement. The applicant
intends to remodel totally the front facade of the building.
Applicant intends to install solariums to enhance greatly
the views from the units. This will also add privacy and
mitigate traffic noise from Main Street. The lobby will be
completely remodeled and increased in size.
This will
create a much more pleasant entrance to the project and a
better feeling and appearance for the Lodge. The upstairs
and common areas will also be remodeled.
Balconies and
patios will be added to many of the units and a new roof
will be placed on the project. There will be significant
renovations to most of the rooms.
These proposed
improvements will cost at least $350,000.00.
H. ECONOMIC CHARACTER OF CLIENTELE
The Lodge typically serves "moderate" clientele.
WHEREFORE, applicant respectfully requests this
application for condominiumization of an existing lodge be
presented before the Planning and Zoning Commission at its
next regularly scheduled meeting.
Dated thisL.)' day Of)Jfv1. , 1984.
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
By ~it::APPlica",
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
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EXHIBIT 5
AFFIDAVIT OF LODGE SERVICES
STATE OF COLORADO
COUNTY OF PITKIN
ss.
1. I, RICHARD WILHELM, the affiant hereunder,
have been the general manager of the Nugget Lodge for three
and one half (3~) of the previous five (5) years. At the
Nugget during the past three years there has been on-site
management. The on-site manager and his staff have
performed basic services involved in running the Lodge.
Maintenance not handled by the on-site management has been
contracted to outside professionals. During the high season
between the hours of 8:00 a.m. and 10:00 p.m. there has been
someone at the front desk. Check-in traditionally has been
between 8:00 a.m. and 10:00 p.m. The on-site manager has
furnished basic accounting, payroll and grounds keeping
services and has handled reception, reservations and
personnel matters. During the high season there is someone
at the front desk to take phone reservations and walk-in
traffic.
2. From December 15 to April 1, a buffet
breakfast has been served which includes juice, bakery
goods, coffee, cereal, fresh fruit and yogurt. During the
rest of the year a basic breakfast of bakery goods, juice
and coffee is provided.
3. The front desk is manned from 8:00 a.m. to
10:00 p.m. during the season and the office is open for
walk-in traffic from 8:00 a.m. to 10:00 p.m. daily. The
business phone is also answered between the hours of 8:00
a.m. and 10:00 p.m. There is phone service to the
individual rooms. All rooms have private lines with direct
dial capability 24 hours per day for outgoing calls,
incoming calls are limited to 8:00 a.m. to 10:00 p.m.
4. The Lodge has not provided any transportation
services.
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5. Check-in hours are from 8:00 a.m. to 10:00
p.m. during the season, after hour guests are left a key.
6. The following amenities have been available
to the guests:
a. Color T.V.'s with cable in all rooms.
b. Swimming pool.
c. Jacuzzi.
d. Front desk.
e. Sundeck.
f. Small lobby and reception area.
g. Bellman service on request.
7. All electrical, plumbing, appliance, T.V. and
carpentry services are done by professional persons hired by
the lodge on a contract basis. Pool maintenance, grounds
keeping, painting and other light chores are done by the
manager or in-house staff.
8. The Nugget Lodge has been a member of the
Aspen Resort Association and the Chamber of Commerce.
IN WITNESS WHEREOF~ I the u~~ned affiant
executed this affidavit on ~ day of , 1984.
_rot ~.~ Lt!/
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have
STATE OF COLORADO
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)
COUNTY OF PITKIN
ACkn~d' subscribed and sworn to before
this 0-.-1 day 0 0'-;- 1984, by RICHARD WILHELM.
me
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~MITMENT FOR TITLE INSURAN '-'
ISSUED BY
Transamerica Title Insurance Company
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-,
AMOUNT
OWNER $ 1,200,000.00
MORTGAGE $
ADDITIONAL CHARGES
COST OF TAX CERTIFICATE
SURVEY COSTS
TOTALS
PREMIUM
$ 2,252.00
$
$
$ 5.00
$
$
Russell Fraser
c/o Sturgis Company
730 East Durant
Aspen, Co. 81611
L
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Your Reference
NlJr..c;F.T T [)~F.
CC's To:
No. 7302993
c - 3
Sheet 1 of-L
COMMITMENT TO INSURE
Transamerica Title Insurance Company. a California corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed insured named in Schedule A. as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums
and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula-
tions attached.
Customer Contact:
Phone:
CINDY FRASER
925-1766
By
VINCENT J_ HTGF.NS
AUTHORIZED SIGNATUR.
The effective date of this commitment is
At which time fee title was vested in:
M~y ,0
,19..JlJLat 7. 00 ~ M.
J.R_S. INVESTMENTS, INC., a Colorado Corporation,
in fee simple
SCHEDULE A
1. Policies to be issued:
(A) Owners':
ASPEN ACCOMODATIONS
(B) Mortgagee's:
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SCHEDULE A-Continued
2. Covering the Land in the State of Colorado, County of Pi tUn
Described as:
('!'HE EA~~NE-=~~__ OF
1/, ':,d, r<., ;:;), -.
BLOCK 58,
CITY AND TOWNSITE OF
~
LOTS E and O,)AND ALL OF LOTS F, G, H, I,
l-':. /,
ASPEN
.
ENDORSEMENT
ATTACHED TO AND FORMING
COMMITMENT NO. 7302993
A PI"', ?F
-'
ISSUED BY
TRANSAMERlCA TITLE INSURANCE COMPANY
The title commitment is hereby amended to read as follows:
SCHEDULE A
1. Policies to be issued:
(A) OWners':
THE ASPEN GROUP, INC.
SCHEDULE A - REQUIREMENTS:
D. Certificate of Incorporation or Certificate of Good Standing of
The Aspen Group, Inc., a Colorado Corporation, issued by the
Secretary of State of Colorado, must be delivered to and approved
by Transamerica Title Insurance Company.
THIS ENDCRSEMENT IS MADE A PART OF THE COMMITMENT AND IS SUBJECT TO ALL THE TERMS AND
PROVISIONS THEREOF AND OF ANY PRIOR ENDORSEMENTS THERETO. EXCEPT TO THE EXTENT EXPRESSLY
STATED, IT NEITHER MODIFIES ANY OF THE TERMS AND PROVISIONS OF THE COMMITMENT AND PRIOR
ENDORSEMENTS, OF ANY, NOR DOES IT EXTEND THE EFFECTIVE DATE OF THE COMMITMENT AND PRIOR
ENDORSEMENTS OR INCREASE THE FACE AMOUNT THEREOF.
TRANSAMERlCA TITLE INSURANCE COMPANY
BY: VINCENT J. HI GENS
AUTHORIZED SIGNATURE
LAW OFFICES OF
GIDEON I. KAUFMAN
A P~OFE5510NAl- CO~PO~ATION
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
June 27, 1984
TELEPHONE
AREA CODE 303
925-8166
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN
HAND DELIVERY
Alan Richman
Planning Office
City of Aspen
130 S. Galena
Aspen, CO 81611
Re: L-3 Zoning for the Nugget Lodge
Dear Alan:
Please consider this letter a request on behalf of
the owners of the Nugget Lodge for their entire parcel to be
zoned L-3. As you are aware when the property was
originally zoned L-3, an incorrect legal description was
given to the Planning Office and therefore less than the
entire parcel was zoned L-3. I would request at this time
that the Planning and Zoning Commission sponsor a rezoning
of the entire Nugget Lodge parcel to L-3. The correct legal
description for the Nugget Lodge is as follows:
The east one-half (~) of Lots E and 0, and all of
Lots F, G, H, I, P, Q, Rand S, Block 58, City and
Townsite of Aspen, Pitkin County, Colorado.
I would hope that we can accomplish this rezoning
concurrently with our lodge condominiumization. Thank you
for your help and consideration.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN,
a Professional Corporation
By
Kaufman
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Nugget Lodge
L-3 GMP 1984
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SUBMITTED TO:
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APPLICANT:
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ATTORNEYS:
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ARCHITECT:
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NUGGET LODGE APPLICATION FOR
GMP L-3 ALLOTMENT
October 1,1984
City of Aspen Planning Department
130 S. Galena Street
Aspen, Colorado 81611
Phone: 303/925-2020
Hotel Aspen, Ltd.
730 E. Durant
Aspen, Colorado 81611
Phone: 303/925-1250
Gideon Kaufman and David G. Eisenstein
Law Offices of Gideon I. Kaufman, P.C.
315 E. Hyman Avenue, Suite 305
P.O. Box 10001
Aspen, Colorado 81611
Phone: 303/925-8166
Gibson & Reno Architects
203 South Galena Street
Aspen, Colorado 81611
Phone: 303/925 5968
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TABLE OF CONTENTS
A. LODGE DEVELOPMENT APPLICATION.
Project description
aa.
bb.
cc.
dd.
ee.
ff.
gg.
Water system.
Sewage.
Drainage
Development area.
Traffic.
Adjacent land uses.
Construction schedule.
Site Utilization Maps.
aa. Architectural drawings.
bb. Landscaping/site plan.
cc. Circulation/site plan.
dd. Major street or road links/locator map.
ee. Description of surrounding existing uses/zoning
map.
B. REVIEW CRITERIA
1. Availability of public facilities and services.
aa. Water.
bb. Sewer.
cc. Storm drainage.
dd. Fire protection.
ee. Roads.
2. Quality of or improvements to design.
aa. Architectural design.
bb. Site design.
cc. Energy conservation.
dd. Parking and circulation.
ee. Visual impact.
Amenities.
aa. Availability of or improvements to the existing
on-site common meeting areas.
bb. Availability of or improvements to the existing
on-site dining facilities.
cc. Availability of or improvements to the existing
on-site accessory recreational facilities.
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Conformance to local public policy goals.
aa. provision of employee housing.
bb. Conversion of existing units.
cc. Rehabilitation and reconstruction of existing
units.
Bonus points.
ATTACHMENTS
Conceptual program.
MAPS AND DRAWINGS
Site plan.
Floor plans.
Utility plan.
Location map
A. LODGE DEVELOPMENT APPLICATION.
1. Project description. This Application for
GMP allotment under g 24-11.6 of the Municipal Code of the
City of Aspen (hereinafter "City Code") seeks an allotment
for fourteen (14) lodge units to be built in conjunction
with the improvement and rehabilitation of thirty-three (33)
existing lodge units located at the Nugget Lodge, 110 W.
Main Street, Aspen, Colorado. This property is legally
described as follows:
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East one half of Lots E and 0, all of Lots F, G,
H, I, P, Q, Rand S, Block 58, City and Townsite
of Aspen, Pitkin County, Colorado:
This project is located within the L-3 zone on real property
containing 26,996 i square feet. There presently exists on
the property a lodge containing thirty-three (33) units of
which thirty-two (32) are lodge rooms and one (1) is an
employee unit. The lodge also currently contains a lounge
breakfast area, an outside swimming pool, a jacuzzi and an
office. The total developed square footage including
renovation under way at this time is 19,915. The fourteen
(14) lodge units for ~:.'hich the Applicant is seeking c. GHP
allotment under this Application will constitute an
expansion of the existing lodge and will represent an
additional 5,020i square fe f development.
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Pursuant to 24-3.4 0 the City Code which allows
an external floor are of 1-1 with special review
approval in the L-3 zone, the Applicant, under this GMP
Application, has the right to build an additional 7,081
square feet on the property. This Application calls for
construction of an additional 5,020 square feet therefore
the Applicant complies with density requirements. This
proje~r me~ets t~e other area and bulk requirements set forth
in ~ 24-~:4 of_ he City Code. The Applicant, sensitive to
the t:. Ly 011<.; for preservation and upgrading of existing
lodges, is planning significant renovation and upgrading to
the thirty-three (33) existing units in the lodge along with
the construction of the high quality fourteen (14) new
units. Thus the lodge use in this location will be
preserved, upgraded and expanded in conformance with City
policies which will be of benefit to the surrounding
neighborhood and the community in general as well as fitting
in perfectly with the intent and nature of the L-3 zone.
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Once a GMP allotment is secured, Applicant will
concurrently apply for special review to establish external
floor area ratio.
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aa. Water System.
As is indicated in a letter from the City
Water Department, the proposed development can be supplied
by the existing facilities. There is sufficient excess
capacity available from the City water supply to supply the
proposed development. Six inch water mains are in Main
Street and Garmisch Street adjacent to the property. A two
inch service line off of Main Street currently serves the
existing units on the subject property. Water pressure in
these lines is approximately 90-100 P.S.I. The anticipated
water demand is expected to fall well within the normal
lodge standards. The project is located very close to the
main fire station (less than .5 miles) so facilities already
exist to provide fire protection to the project. Fire
hydrants are located at the northeast corner of the property
and sixty-five feet (65') from the main entrance to the
property across Garmisch Street at the Aspen Clinic.
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bb. Sewage.
The project will served by the Aspen
Metropolitan Sanitation district which has sufficient excess
capacity available to serve the proposed development. As is
evidenced in a letter from the Aspen Metropolitan Sanitation
District. 1'.:-: eight inch trunk line exists in the alley
directly adjoining the property which is already connected
to the property. Estimated system usage will be within the
norm for lodge use. The existing treatment plant can easily
accommodate the, anticipated demand according to the Aspen
Sanitation District manager.
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cc. Drainage.
Historic site drainage from the site will be
improved. Roof drainage will feed directly from internal
gutters to dry wells for all roofs. All surface runoff will
be maintained on site.
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dd. Development Area.
Present existing lot coverage of the
thirty-three (33) units equals 16,052 square feet. The
proposed addition will increase lot coverage only to 17,493i
square feet. The internal square footage presently existing
is 19,915 square feet. The proposed addition will add 5,020
square feet to this figure, for a total internal square
footage of 24,935 square feet. 9,503 square feet of the
property is devoted to open space or landscaping.
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ee. Traffic.
Based on the City of
values of vehicles per lodge room,
vehicles anticipated for this project
Aspen's calculation
the added number of
is seven (7), during
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periods of full occupancy. The property is serviced by Main
Street, Garmisch Street and First Street. All the streets
are main thoroughfares and very wide and can adequately
handle all anticipated traffic. It is expected that seven
(7) motor vehicles will use or be stationed in the proposed
development. The hours of principal daily usage cannot be
accurately determined but it can be expected that hours will
be consistent with typical lodge use in the City of Aspen.
There will be fourteen (14) on-site parking places supplied.
All of these are off-street parking. Existing bicycle
routes and paths are very close to the project. Bicycle
racks will be provided on the property. Most bus routes
goes past the property on Main Street. This proposed
development discourages automobiles usage in various ways.
The site is within easy walking or bicycling distance of all
essential commercial and retail services and activities.
The property is located directly on all existing bus routes.
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ff. Effects of Proposed Development on
Adjacent Land Uses.
The proposed development is fully compatible
with surrounding uses in the neighborhood and will
positively enhance and complement the local character of the
neighborhood. There are several lodges in the immediate
neighborhood both across the street and down along Main
Street from the property. The Pitkin County library and a
medical clinic is across Garmisch Street from the property
as is also a residential fourplex. Immediately to the west
of the property is Arthurs Restaurant. Thus the lodge use
at the property has been an existing beneficial use in the
neighborhood, for some time and the proposed development
will only enhance this use. Further uses in the
neighborhood are mixed and yet of a complementary character.
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gg. Construction Schedule.
No phased construction is planned and actual
construction is expected to be completed within six (6)
months of commencement. Construction is anticipated to
begin in April, 1985, with completion by November, 1985.
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Site Utilization Maps.
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The information
supplements the maps and
Application.
contained in this Section
plans submitted with this
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aa. Applicant has given thorough
consideration to energy conservation and solar energy
utilization features available to this property. The
insulation characteristics of the project exceed the
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requirements of Aspen's stringent energy conservation and
thermal insulation code. Strict attention has been paid to
all facets of architectural design and construction detail
to create an energy efficient, esthetically pleasing
project. Required insulation R-values have been exceeded
for wall, floor and roof sections.
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Solar gain aspects of the project have been
explored and integrated into the design theme in an
esthetically pleasing and energy producing manner.
Horizontally mounted freon solar collectors will be fitted
to heat the domestic hot water supply. In the existing
portions of the project uninsulated concrete block (totaling
210 lineal feet) is being insulated to meet code. Single
glazed glass is being replaced with double paned glass.
This includes a total of fifty-four (54) individual ",indow
units having a combined area of 1,350 square feet of glass.
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bb. The proj ect has been designed to
preserve and enhance natural trees and vegetation and to
maximize available open space. The trash area is located
out of the way off the alley and is screened from view on
all sides. The parking areas are screened and landscaped as
much as possible. The p~oject plan preserves the eight to
twelve foot (8'-12') honeysuckles which are being maintained
on site along Bleeker and will serve to screen parking. The
seventy to eighty foot (70 '-80') blue spruce trees on the
property are preserved and will serve to screen the parking.
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cc. All required parking is accessed off the
alley and located off the street on the site. There will be
one parking place for each new lodge unit. All parking is
located along the perimeter of the property so as to ease
circulation flow and improve access to and from the project.
As is indicated above natural vegetation is maintained
on-site and serves to screen the parking. Bus routes run
along the front of the property on Main Street. The new
proposed lodge units are set back from the bus and transit
stops. As the existing lodge units and the public, common
areas of the lodge are in between the bus stops and the new
units privacy is ensured from such areas. Privacy walls
along Garmisch, four feet six inches (4' 6 n) in height,
provide screening and seclusion between each unit and
between each unit and the street. A bus shelter is located
less than one-half block from the property in front of the
library. Also the main lobby entrance for the lodge as
newly renovated serves as shelter for persons using the
lodge waiting for the bus.
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dd. Streets, nearby paths and footpaths are
indicated on maps.
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ee. The zoning district is identified on the
zoning map. Surrounding uses are residential, multi family,
restaurant, lodge, public, park, and office/commercial.
Historical district boundary lines, if any, are indicated on
the zoning map.
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B. REVIEW CRITERIA.
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1.
Availability
of
Public
Facilities
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Services.
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aa. Water.
The existing water system of the City of
Aspen has sufficient capacity to provide for the needs of
the proposed development and will be able to supply water to
the development without system extensions beyond those
normally installed by the developer and without treatment
plant or other facility upgrading. Six inch water mains are
located in both Main and Garmisch Streets adjacent to the
property.
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bb. Sewer.
This site is served by and already connected
to the eight inch trunk line existing in the alley directly
adjoining the property. The Metropolitan Sanitation
District Sewer System has sufficient capacity to dispose of
the wastes of the proposed development and will be able to
serve the development without system extensions beyond those
normally installed by the developer. No treatment plant or
other facility upgrading will be necessitated by this
development.
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cc. Storm Drainage.
Historic site drainage from the property will
be improved. The project proposes that all roof and paved
area runoff will feed directly to on-site dry wells all
surface runoff will be retained on the development site.
The development will not require any use of the City's
drainage system as the project provides for on-site
retention of one hundred percent (100%) of runoff. Handling
all runoff on-site will benefit the City's drainage system
since previous on-site runoff was handled by the City's
drainage system which will now have greater capacity.
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dd.
The
fire protection in
Fire Protection.
new lodge units will be constructed with
excess of the Building Code requirements.
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In conformance with the Code, smoke detectors will be
furnished throughout for added protection. In addition fire
extinguishers will be supplied. There are two (2) hydrants
presently serving the Property. One at the northeast corner
of the property and the other sixty-five feet (65') away
from the main entrance of the lodge across Garmisch Street
at the Aspen Clinic. The project is very close (less than
.5 miles) to the main Aspen Fire Station and the response
time is under two (2) minutes, an exceptional response time
for a small mountain community. The Fire Department is able
to provide fire protection according to its established
response standards without the necessity of establishing a
new station or requiring addition of major equipment to the
existing station. Available water pressure and capacity are
more than adequate to provide for fire fighting flows. No
water storage tank is necessary to serve the project.
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ee. Roads.
The major linkage of the road network can
easily provide for the needs of the proposed development
without substantially altering the existing traffic
patterns, creating safety hazards or overloading the
existing street system. The property is served by First
Street, Garmisch Street 3nd Main Street. Main Street is a
very wide, major thoroughfare. Garmisch was originally
intended to be a major through street, and although it has
never really been used as such, it is a wide thoroughfare
which is substantially under utilized. First Street, as
well, is in good condition and able to adequately serve the
project without the need for any improvements. The minimal
increased usage attributable to the proposed development
will not necessitate any road system improvements. Because
the project is in the middle of the city's commercial and
retail facilities and a bus line stops right at the project,
all automobile use from the project will be minimized and
bicycling, walking or the use of public transportation will
be maximized.
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Quality of or Improvements to Design.
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aa. Architectural Design.
The building addition seeks compatibility
first and foremost with the lodging facility of which it is
a part. Secondarily, the addition seeks to harmonize with
the five (5) different architectural styles which are
immediately adjacent.
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The building addition is an extension of
newly renovated Nugget Lodge. On Garmisch Street
parapet line of the main building's east elevation
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continued in the new building at the same height and cornice
detailing. Solarium bay windows of the type used in the
west courtyard and along Main Street punctuate the second
floor.
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Material is 1 X 6 smooth vertical "V-groove"
cedar to match the newly remodelled lodge. Other materials
which will match the lodge are 2 X 2 railing detailing,
solid cedar fencing, enamel metal roof over window bays,
canvas covering over walkways, dark bronze anodized window
frames, and burgundy accent strip at elevation 9' 0" along
street front facades.
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Thus, in forms, materials and colors, the
addition will harmonize with the main lodge.
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Aspen Ski Lodge. The clean horizontal
parapet line, restrained 1 X 6 smooth siding/fencing, and
metal roof accents of this fine facility are echoed in our
design. It is interesting to note that both this lodge and
ours use horizontal parapets to disguise a gently sloped
roof and to control drainage.
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Aspen Clini~. This brick commercial building
has a style which is different than ours, however in major
elements in its composition we relate: the corner entrance,
vertical glazing, and a clearly demarcated first and second
floor.
"Chalet style" Fourplex across
Street. Our corner presentation is similar in
massing to this fourplex.
Garmisch
bulk and
Bleeker Street. The Addition's design
approach to the open areas across Bleeker Street is to set
back from Bleeker Street (a full thirty-two feet [32'] from
the property line) and behind the seventy and eighty foot
tall blue spruces which dominate this elevation. The
foreground is screened out by the solid hedge of ten to
twelve foot honeysuckle and crab apple which follow the
property line for one hundred feet (100').
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Victorian House. On the north elevation, the
distinguished and picturesque residence directly west raises
its ridges to around thirty-five feet (35') and its chimney
to around forty feet (40'). We respond to this house with
window bays, porch bays and sloping roof profiles, although
our highest ridge is some five feet lower.
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In summary, we strive to visually harmonize
both with the existing lodge and wi th the several
surrounding styles and uses. At the same time, the massing
of the building is toward the center of the site, so that
the street front aspect is typically that of a two (2) story
building (see perspective drawing) with deep recesses of
open space punctuated by existing vegetation of apple,
aspen, and spruce trees.
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bb. Site Design.
The "Open Space" will meet or exceed the
required thirty-five percent (35%) in the district. Our
landscaping goal is to preserve and enhance the excellent
mature plantings which exist on the site. These include:
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7 mature spruces 12"- 24" dia. 50-80 Ft.
22 pines, cedars and spruces 2"- 10" dia. 10-40 Ft.
1 cottonwood 8" dia. 20 Ft.
16 aspens 211- 6" dia. 12-25 Ft.
12 crab apple an- 10" dia. 10-15 Ft.
100' honeysuckle/crab apple hedge 10-12 Ft.
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The addition will respect and protect all of these trees.
Some overdue pruning and cleaning of the evergreens will be
done where branches are rubbing against the buildings and to
enable pedestrian access around the mature and stately
spruces which dominate the Bleeker Street facade.
In among these tall spruces, garden patios
will be defined by solid cedar fencing, giving each room a
secluded outdoor space, as opposed to the door opening onto
a common sidewalk, which was the previous condition.
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All walkways will be new concrete, replacing
the uneven and cracked existing walkways. New sod will be
placed and maintained within new patios and around new
walkways. Second level solarium overhangs and awning
canopies will create a, covered circulation system for most
rooms below.
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A new jacuzzi tub will be added for the use
of the new lodging units at the north side of the site. The
kitchen adjacent to the common room will be upgraded to
serve larger gatherings and full buffet meals and luncheons.
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The gas line now makes a surface entrance
along the alley with several elbows and bends. This will be
rerouted underground and will enter the boiler room through
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the new basement. A flue at the existing jacuzzi equipment
room which now runs up the outside of the building will be
brought up through the inside and boxed in.
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The phone lines, now a tangled, ubiquitous
trail of lines on the skin of the buildings, will enter at a
single point and distribute to the rooms from there, with no
visual clutter.
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directly
dumpster.
off
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the
screened trash
alley, in lieu
area will be provided
of the present exposed
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cc. Energy Conservation.
1. Exterior wall construction. Use of
3/4" thermax and 4" fiberglass insulation will achieve an
overall exterior wall insulation value of R-25.
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2. Wall Upgrade. Two hundred ten (210)
lineal feet of uninsulated walls will be insulated.
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sections will include
R-value to or above R-30
Roof construction. All roof
insulation to raise the overall
exceeding the Code value of R-20.
4. Glass. Existing single glazed
windows will be replaced by double-paned glass (a total of
54 existing windows comprising 1,350 square feet of glass) .
5. Other solar energy considerations.
Hot water will be provided by a horizontally mounted rooftop
array of freon active solar collectors for domestic hot
water heating.
Insulation, solar energy devices and similar techniques have
been used to maximize conservation of energy and utilize
solar energy sources in the proposed development.
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dd. Parking and Circulation.
The internal circulation and parking system
for the project is of high quality and is efficient as
possible. All parking is located on the perimeter of the
property for maximum ease of ingress and egress. The
circulation pattern is designed to accommodate service
vehicle access and loading areas. Parking is screened from
public views by retaining the ten to twelve foot (10'-12')
honeysuckles on the property.
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ee. Visual Impact.
The placement of the fourteen (14) room
addition has been carefully considered to create a minimum
impact. The entire addition will take place on the north
half of the property, away from Main Street. From eye level
on Nain Street, the addition will have negligible impact.
In fact, it will not even be visible while walking along the
Main Street sidewalk in front of the Lodge.
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Similarly, along Garmisch Street, the massing
is away from the street, toward the center of the lot (see
perspective) so the new addition creates a smaller,
inconspicuous appearance blending in with the two (2) story
structure of the main lodge building as seen from eye level
on Garmisch Street. The top level steps back twenty feet
from the parapet and recesses within a roof structure which
slopes away from the street.
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Along Bleeker Street the fourteen (14) unit
addition is lower than its Victorian neighbor; visually both
are dwarfed by the seventy to eighty foot (70'-80') spruces
and the fifty to sixty foot (50'-60') cottonwoods (see North
elevation) . The Bleeker Street elevation is divided into
two (2) separate buildings, and has pitched roof contours
and window bays to respond to adjacent residential scale and
configuration. The building facade is set back thirty-two
feet (32') from the property line at its closest point.
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Because it is located toward the center of
the site away from Main Street, away from Garmisch Street,
and set back from Bleeker Street, the addition minimizes
visual bulk and presence and maximizes architectural
continuity with surrounding structures.
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3. Amenities Provided for Guests.
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aa. The existing on-si te lounge corrunon
meeting area is being improved and remodeled substantially.
In addition the remodel is designed to allow the lounge to
accommodate mini-conference use.
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bb. The existing on-site dining facilities
are being substantially improved. The kitchen is being
remodeled so that in-house parties and banquets can be
provided and breakfast service may be expanded.
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pool an
property.
cc. To compliment the
additional jacuzzi will be
existing jacuzzi
added to serve
and
the
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4.
Conformance to Local Public Policy Goals.
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aa. provision Qf Employee Housing.
The project is expected to generate one (1)
new employee. This has been determined based on the level
of service reflected by this type of lodge operation.
Adding a small number of rooms to an existing lodge facility
does not typically generate the need for additional
employees. The existing lodge facility has been served by
seven to eight (7-8) employees. The addition of fourteen
(14) new rooms is expected to necessitate the hiring of only
one (1) new employee. The Applicant agrees to provide low
income housing (or such other housing as is requested by the
City Council's housing designee) which will provide for one
hundred percent (100%) of the additional employees of the
project. The Applicant will meet this requirement by
providing a three hundred fifty (350) square foot
(approximately) dorm unit at the Cortina which can house two
employees and complies with the housing size, type, income
and occupancy guidelines of the City of Aspen. Parking for
this employee unit will be discussed at special review as
requested by the section of the City Code addressing L-3
residential uses and employee parking. If for any reason
this off-site employee housing is unable to be supplied,
Applicant will dedicate one (1) of the fourteen (14)
proposed new lodge units to be employee housing. The unit
will be of equivalent size and shall comply with the housing
guidelines the sam he un1
~bb. Conversion of Existing Units.
Applicant will provide one hundred percent
(100%) of its employee by purchasing fully
constructed units whic are restricted to Aspen's
hou lng gUl e lnes and pI n a lction on t em in
com I' with ~ 24 11.10 of the City Code.
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The Applicant proposes to purchase and deed
restrict a three hundred fifty (350) square foot
(approximately) unit in the Cortina, which is only a block
and a half from the project.
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cc. Rehabilitation and Reconstruction of
Existing Units.
Applicant is in the process and will complete
within the next six mont s e rehabilitation and
reconstruction of all irt -th ee (33 existing units in
the project and is t11erefore ent1 ed to maximum points
under this Section. Attached hereto as is a conceptual
program identifying the proposed improvements to be made to
the lodge units and the non-unit space and the time table
for the restoration or rebuilding. Applicant is spending at
least three hundred fifty thousand dollars ($350,000.00), on
- 11 -
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.
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these improvements. The rebuilt portions of the lodge shall
be suitable for occupancy prior to or at the same time as
the new units for which the allotment is being requested.
~
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5. Bonus Points. The project has incorporated
the ubstantive criteria of 5 24-11.6 (b) (1), (2),
) and (4), nd has also exceeded the provisions of these
subsect1 nd achieves an outstanding overall design
meriting recognition. The project is tastefully designed to
blend in with and enhance the character of the neighborhood
and incorporates the best facets and technology of energy
conservation. There will be no negative impacts on traffic,
roads, public safety, fire protection, police protection,
drainage, water or sewer service. Applicant will be making
improvements which will enhance various services and visual
qualities of the neighborhood. The existing services and
facilities are adequately situated and set up to serve the
project efficiently at no public fiscal increase. Great
care has been taken in the design of the project to conserve
energy and utilize solar energy. The project energy
efficiency rating significantly exceeds all applicable City
requirements. This project significantly upgrades and
expands amenities available to the tourists utilizing the
lodge and the lodge overall is greatly enhanced and upgraded
in accordance with the lodge preservation policy of the City
of Aspen. The parking plan for the project is hidden from
view offering great safety and convenience as well as
preserving the existing honeysuckles and blue spruce trees
on the property. Applicant is providing housing for one
hundred percent (100%) of the employees generated by the
proj ect.
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In sum this project has been very carefully
thought out to balance the needs of the developer to create
a viable project with the policies expressed by the City of
Aspen and the corrununity in general. We feel this project
achieves this balance and is the kind of project that should
be encouraged by the City.
,,""
GMP/NUGET2
- 12 -
CONCEPTUAL PROGRAM OF
NUGGET LODGE REHABILITATION
1. Complete remodel of front facade
2. Install solariums
3. Remodel and expand lobby
4. Remodel upstairs and common areas
5. Add balconies and patios to many units
6. Install new roof
7. Renovate most rooms, including totally remodel and
upgrade of bathrooms.
Total cost of improvements is not less than
$350,000.00.
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