HomeMy WebLinkAboutcoa.lu.ec.311 W Main St.1983
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MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Applejack Lodge - Subdivision Exception (Condominiumization)
DATE: August 16, 1983
Location: 311 W. Main (Lots east ~ of D, all of E, F, G, H
and I, Block 45, City and Townsite of Aspen) .
Zoning: L-3.
Applicant's
Reques t:
Subdivision exception for the purpose of condominiumi-
zation of the Applejack Inn.
Referral
Comments:
The Engineering Department has the following require-
ments:
"1. The improvement survey submitted with the appli-
cation is not an adequate condominium plat.
Following approval, the applicant shall submit
to this office two mylar sets of complete condo-
minium maps including:
a. Individual units.
b. General and limited common elements.
c. Approval and recording certificates.
d. Existing utility meters.
e. Other items pertinent to condominium approval.
2. The applicant should be required to indicate the
number of parking spaces on-site and designate
their status as general or limited common elements.
3. The condominium association should be obligated
to join any future improvement district."
The Building Department completed an inspection on
July 8, 1983 and listed the following minimum fire,
health and safety improvements to be made prior to
final condominiumization approval:
"1. The fire sprinkler system must be serviced by
a qualified sprinkler contractor.
2. Provide a door and frame with a one hour fire
protection rating to separate boiler room from
storage room. Provide a self-closer on the door.
3. Each sleeping room must be provided with a
qualifying emergency egress window.
4. The sliding glass doors entering the individual
units must be replaced with a conventional
swinging door not less than 3'0" wide and 6'8"
high.
5. Install a permanently wired smoke detection
system with manual fire alarm stations.
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Memo: Applejack
Page Two
August 16, 1983
Condominiumization
6.
Additional receptable outlets must be provided
(12'0" maximum spacing) in each room.
7.
Hardware on front door must comply with Code
for exiting."
The City Attorney's Office made no comment.
Planning
Review:
Office
The Applejack is an L-3 lodge and is in conformance
with the 1:1 FAR. According to calculations submitted
by Gibson & Reno, Architects, remaining buildout
equals 797 square feet. Section 20-23 of the Municipal
Code deals with 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 accommoda-
tions available to the general public." Evidence of
compliance with this intent is a condominium declaration
(which this applicant has submitted) which will be
recorded with the Clerk and Recorders Office.
The requirements in Section 20-23(A) (1) which are
stipulated in the declaration are as follows (Number
35, Page 24):
(a) 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
to 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 non-paying 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
post poned 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.
(Number 36, Page 25):
(b) A violation of the owner's personal use restriction
by a unit owner as such personal use restriction
as defined in paragraph thirty-five(35) 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 viola-
tion. The assessment, when paid, shall be deposited
in the general fund of the condominium 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 condo-
minium 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
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Memo: Applejack Condominiumization
Page Three
August 16, 1983
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.
(Number 37, Page 25):
(c) 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.
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, whichever is greater.
One 300 square foot lodge unit has been used in the
past for employee housing. This unit or a comparable
on-site unit will be permanently designated as
employee housing. presently, one employee lives
in the unit but it can accommodate the required two
pillows of employee housing.
An affidavit of lodge services has been submitted by
the applicant, outlining on-site management, maintenance,
and other tourist accommodation services provided
during high seasons for the past three (3) years.
Maintenance not handled by on-site management has
been contracted to outside professionals. The applicant
agrees that the lodge will continue to provide on-site
management from at least 8:00 a.m. to 10:00 p.m. during
the high seasons.
This commitment is made on Page 26 of the condominium
declaration, along with the following:
1. 24 hour services on-call will be provided in
high seasons.
2. A buffet breakfast will be provided in high
season.
3. The following amenities shall be available
to guests: jacuzzi pool, cable television,
lobby common area, phones in rooms.
4. No transportation services have been or will be
provided.
5. Front desk services from 8:00 a.m. through
10:00 p.m., seven days per week in high seasons
for check-in, check-out and key pick-up.
6. Daily maid service in high seasons.
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The condominium units must remain available to the
general tourist market. The applicant has provided
for the 14 day owner's personal use restriction and
~\, the; ApplV~ will continue te L", cl Hl"HlLd~ ef the L
\\ '~ana to advertise in the Aspen Yellowpages.
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Memo: Applejack Condominiumization
Page Four
August 16, 1983
The applicant has 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
removations 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 condominiumization. In this case, 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 30 percent of the assessed
value of the property. The assessed value of the
Applejack as a condominiumized lodge according to
information the applicant got from the pitkin County
Assessor will be approximately $189,000. 30 percent
of this value is $56,700. The applicant commits
to the expenditure of $125,000 in improvements. Plans
must be submitted to and approved by the City Building
Inspector within 9 months of condominiumization
approval and the upgrading must be completed within
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 21 years. Any
modification of this condominiumization shall only
be by written agreement to the City Council and the
owner or owners of the condominiumized lodge property.
The documents creating and governing the condominium
shall be modified by the condominium owners only
with the prior written approval of the City Council.
Planning Office
Recommendation:
The Planning Office recommends approval of subdivision
exception for the purpose of condominiumization of
the Applejack Inn pursuant to Section 20-23 of the
Municipal Code with the following conditions:
1. Submission of a condominium map in the form of
two mylar sets which show:
a. Individual units.
b. General and limited common elements.
c. Approval and recording certificates.
d. Existing utility meters.
e. Other items pertinent to condominium approval.
f. On-site parking spaces must be shown and
designated as to status (i.e., general or
limited common elements).
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Memo: Applejack
Page Five
August 16, 1983
Condominiumization
2.
Recordation of the approved condominium map.
3.
The condominium association is obligated to
join any future improvement district.
5.
The fire, health and safety improvements listed!O~
by the B~ild~~~ ,p~par~ent must be made prior '
to th~%a\IeJOf\itnyumt.
Submission of plans to upgrade the lodge by a
value of $125,000 to the Building Department
within 9 months of this approval and the work
must be completed within 12 months of the issuance
of the building permit.
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6. Execution of a promissory note payable to the
City secured by a trust deed encumbering the
lodge J?ropert~ ,1:0 }lp_s,\~r"7,~&'l~the,p_hysical
upgradlncJ\'W~'1'l be aecowi4ls~d~he'terms of
the note shall be as set out in Section 20-23
(A) (6) (c).
7. Recordation of the Condominium Declarationro.(~ I ,"! ,"
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EXHIBIT 5
AFFIDAVIT OF LODGE SERVICES
STATE OF COLORADO
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COUNTY OF PITKIN
1. I, CHUCK TORINUS, the affiant hereunder, have
been the manager and part owner of the Applejack Inn for the
previous eight years.
At the Applejack 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.
Haintenance 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 12:00 noon
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.
5. Check-in hours are from 12:00 noon to 10:00
p.m. during the season, after hour guests are left a key.
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6.
The following amenities have been available
to the guests:
a. Color T.V.'s with complimentary HBO in
all rooms.
b. Swimming pool.
c. Indoor ski lockers.
d. Front desk.
e. Sundeck.
f. Small lobby and reception area.
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 Applejack Inn has been a member of the
Aspen Resort Association and the Chamber of Commerce.
executed
have
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
this
/ Acknowl,)edg, ed,
.,:;;(7 'day of, ,C; I
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subscribed and sworn to before me
, 1983, by CHUCK TORINUS.
Witness my hand and official seal.
My commission expires: -,/?)tl
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Notary Public
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Notary's address:
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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) TOR Corporation,
(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 East ~ of Lot D, all of
Lots E, F, G, H and I, Block 45, City and Townsite of Aspen,
Pitkin County, Colorado, and commonly known as The Applejack
Inn.
A. ATTACHMENTS
Attached to the application are the following exhibits:
1. Letter frl.ffi Aspen Title Company, 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. Affidavit 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
One 300 square foot lodge unit has traditionally been
used for employee housing. This or a comparable on-site
unit will be permanently designated as employee housing.
Presently one employee lives in the unit but it can
accommodate the required two pillows of employee housing.
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D. SERVICES AND MANAGEMENT
Applicant agrees
maintenance and other
to provide on-site management,
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 I1ARKET
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 Chamber of Commerce 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 cornmon 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 Applejack as a
condominiumized lodge according to Pitkin County Assessor
Warren Connors ~lill be approximately $189,000. Thirty
percent of this value is $56,700.00. The applicant is
willing to commit to spend $125,000.00 on improvements, more
than double the requirement . The applicant intends to
remodel the front facade of the building. This would
aesthetically improve its /1ain Street appearance. The
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facade along with railings and sliding doors for access to
the new balconies. An attractive wood and stone wall to
screen the parking lot and a jacuzzi will be added. The wall
will add privacy, mitigate traffic noise and screen the
guests and parking lot from Main Street. One or two units
will be totally remodeled. Applicant plans to remove the
indoor pool and in its place install a much larger common
area and lobby for use by the guests. They will replace the
pool with an outside jacuzzi. The pool is being removed to
eliminate 1) noise problems for sleeping guests, 2) excessive
heat build-up in the summer, 3) a chlorine problem that is
bothersome to guests, 4) excessive humidity which is uncomfortable
to guests, constantly fogs windows and causes mildew on carpeted
areas, 5) disturbance to guests by unauthorized, after hours
swimming. The new enlarged lobby will contain a large hearth
fireplace to instill a cozy feeling in the lodge. The lobby will
be refurnished and carpeted. A new desk area will be installed.
These improvements will cost at least $125,000.00.
H. ECONOMIC CHARACTER OF CLIENTELE
The lodge typically serves "moderate" clientele.
WHEREFORE, applicant respectfully requests this appli-
cation for condominiumization of an existing lodge be presented
before the Planning and Zoning Commission at its next regularly
scheduled meeting.
Dated thie Il day of ') J /-. ,; ,1983.
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.
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Attor ~s for Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Reinstating the Applejack as an L-3 Lodge
DATE:
August 8, 1983
~
The applejack Lodge was originally reviewe ded for
rezoning as one of the many non-conforming older lodg s in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the
L-3 list, thereby reinstating it as an L-3 lodge.
As was discussed at the prior meeting, Ordinance 4 should be
repealed since a change of zoning should not be enacted through
deletion from a list. The passage of this ordinance (Ordinance
37) will rectify the earlier incorrect action.
Council Action
You approved Ordinance 37 at your July 25 meeting. The appropriate
motion is:
"I move to adopt Ordinance 3 7, Series of 1983."
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~ GIBSON & RENO. ARCHITECTS
July 13, 1983
Mr. Gideon Kaufman
611 West Main St.
Aspen, Co. 81611
RE: APPLEJACK LODGE
Dear Gideon:
As per your request we have calculated the existing floor areas
in the Applejack Lodge. Below are listed: .Lot area,' gross floor area
by floors, and a brief description as to:how we arrived at our final numbers.
1. The lot size is 165.07' X 100.00' which equals an area
of 16,507 square feet.
2. The total building area as we calculated it is 15,710 square feet.
This square footage breaks down to:
First floor 5,614 S.F.
Second floor 5,048 S.F.
Third floor 5,048 S.F.
Total Building 15,110 S.F.
Our calculations are for a building 74'-6" X 76' -0" in size, with
area subtracted for mechanical areas and open areas due to the configuration
of the ,balcony walkways on the Second and Thi rd levels. I might add that
the Pool, which is 312 S.F. is included in our calculations.
If you have any questions, please feel free to contact me.
AGR/fh
xc Robert Morris
City of Aspen Planning Office
203 s. GALENA STREET
ASPEN, COLORADO 81611
303/925,5968
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MEMORANDUM
m:
Aspen City Council
In'WM :.
Colette Penne, Planning Office
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Reinstating the Applejack as an L-3 Lodge
DATE:
July 25, 19B3
APPROVED AS TO FORM:
The Applejack Lodge was originally reviewed and recommended for
rezoning as one of the many non-conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the !,-3
list, therehy reinstating it as an L-3 lodge.
council Action
The planning Office recommends that the City council grant first
reading approval to the attached ordinance. The appropriate motions
are:
"I move to read Ordinance ~, Series of 1983."
"I move to approve, on first reading, Ordinance ~, Series
of 1983.D
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Reinstating the Applejack as an L-3 Lodge
DATE:
July 25, 1983
APPROVED AS TO FORM:
The Applejack Lodge was originally reviewed and recommended for
rezoning as one of the many non-conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change in ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will .
simply repeal Ordinance 4 which removed the Applejack from the L-3
list, thereby reinstating it as an L-3 lodge.
Council Action
The Planning Office recommends that the City Council grant first
reading approval to the attached ordinance. The appropriate motions
are:
"I move to read ordinance~, Series of 1983."
"I move to approve, on first reading, Ordinance 31- , Series
of 1983."
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MEMBER
January 28, 1983
~~13 1';li3'\\
ASPEN / PiW.JN CO.
PlANNiNG OffiCE
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THE AMERICAN INSTITUTE
OF
REAL ESTATE APPRAISERS
Mssrs. Robert P. Morris
and Randal Gold
730 E. Durant Avenue
Aspen, CO 81611
RE: An Appraisal of the Applejack Inn, 311 West Main Street,
Aspen, CO
Gentlemen:
At your request, I have personally inspected the subject property and
have gathered and analyzed applicable market data for the purpose of
estimating its Market Value as of January 28, 1983.
Please note that this valuation study is being offered in an
abbreviated form at your request in the interest of time. Therefore,
only a summary of the information considered most applicable is
attached to this letter. I am currently in the process of completing
a formal appraisal on the property which will contain all of the
supporting market data and exhibits from which I have based my
opinion.
The appraiser wishes to acknowledge that Randal Gold is an associate
in the firm of James J. Mollica and Associates, Inc. Although there
is a close association with Mr. Gold, I have completed this valuation
analysis to the best of my ability without regard to any personal
biases.
In the preparation of this valuation analysis, I have completed the
following items:
1. I made a personal inspection of the subject property with its
current manager, Mr. Charles Torinus, and representatives from
Hunter Construction Company in late December, 1982. I have
gathered Pitkin County Courthouse information regarding the age,
construction data and past transfers of the Applejack Inn.
2. I have reviewed past income and expense statements and pro-
jections as prepared by Mr. Torinus, owner/manager of the
Applejack Inn. Much of the information regarding income and
expenses since 1979 was not recoverable, since the property was
lost in foreclosure and was owned and operated by Mr. Cantrup
during that time. In addition to income and expense information
from the Applejack Inn, I have contained in my files actual
operating statements from approximately 30 lodges in the Aspen
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C~:~L~CE BUILDIN~' 300 EAST HYMAN AVENUE' ASPEN, COLORADO BI6IJ. 303/925-8987
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area.
3. I have gathered and analyzed recent sales of comparable lodges
throughout the Aspen/Snowmass area. These lodges have been
analyzed on the basis of their size, location, condition, lay-
out and utility. The most applicable sales will be summarized
on the following pages.
Based upon my analysis of the accumulated data, it is my concluded
opinion that the Market Value of the subject property, in its present
condition, as of January 28, 1983 is:
ONE MILLION THREE HUNDRED THOUSAND DOLLARS
$1,300,000
Attached to this letter is a brief summary of the information
considered most applicable in valuing the subject property. The
reader is reminded that I am in the process of completing a formal
appraisal report. but that I have completed a sufficient analysis so
that my estimate of Market Value is well supported. If I can be of
further assistance in the interpretation or application of the
findings in this letter, please do not hesitate to call.
I hereby certify and acknowledge my association with Randal Gold, but
that I have completed my analy~is without any personal biases; that
the information contained herein is true and accurate; that my fee is
not contingent upon the valuation stated herein.
Thank you for this opportunity to be of service.
~~r
e Mollica, M.A.I.
aiser-Consultant
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James 1 Mollica 4 Assoclate~ lilt
Real Estate Appraisers and Consultants
CITY OF ASPEN ......
M""O eROM ALAN ROCHMAN Me. · In. -
Assistant Planning Director '
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MEMORANDUM
TO:
Colette Penne, Planning Office
Jay Hammond, Assistant City Engineer~
FROM:
DATE:
July 1, 1983
RE:
Applejack Lodge Condominiumization
Having reviewed the above application and made a site inspection,
the Engineering Department has the following comments;
1. The improvement survey submitted with the application is
not an adequate condominium plat. Following approval, the
applicant shall submit to this office two mylar sets of
complete condominium maps including:
a. Individual units
b. General and limited common elements
c. Approval and recording certificates
d. Existing utility meters
e. Other items pertinent to condominium approval
2. The applicant should be required to indicate the number of parking
spaces on site and designate their status as general or limited
common elements.
3. The condominium association should be obligated to join any
future improvement district.
JH/co
,
MEMORANDUM
FROM:
Colette Penne, Planning
Jim Wilson, Building Official (/~
II
II
TO:
DATE:
July 12, 1983
RE:
Condominiumization of the Applejack Lodge
After inspecting the Applejack Lodge on July 8, 1983, I feel the minimum
fire, health and safety improvements that should be made prior to
condominiumization approval are as follows:
1) The fire sprinkler system must be serviced by a qualified
sprinkler contractor.
2) Provide a door and frame with a one-hour
rating to separate boiler room from storage room.
closer on the door.
fire protection
Provide a self-
3) Each sleeping room must be provided with a qualifying emergency
egress window.
4) The sliding glass doors entering the individual units must be
replaced with a conventional swinging door not less than 3'-0" wide
and 6'-8" high.
5) Install a permanently wired smoke detection system with manual
fire alarm stations.
6 )
spacing)
Additional receptacle outlets must be provided (12'-0" maximum
in each room.
,
7 )
Hardware on front door must comply with code for exiting.
,(1""',",
CCNIJCMINnlM DFcrJ\AATICN
FOR
APPLEJACK
\ \ ~l> {.'\
KNCW AIJ., MEN BY Tf1J'SE PRESTh"I'S:
WHEREAS, TOR Corporation, hereinafter called the "DE'clarant" is the
owner ()f the follCMing described real property situated in the City of
Aspen, County of Pitkin, State of Colorado:
~~ ~ of Lot D, all of Lots E, F, G, H, I and J.
Block 45
City and Townsite of Aspen
WHEREAS, Declarant desires to establish a oondaninium project under
the Condaninium Ckmershi.p Act of the State of Colorado; and
WHERE'1IS, there is C1.lrTP.ntl~, oonstructed on said real property
ill1provercents oonsisting of separately df'signated residential oondaninium
units and other inprovements; and
~,HEREI\S, Declarant does hereby establish a plan for the ownership in
fee sinple of the candaninium estates subject to the easements,
restrictions, reservations, rights of way, oonditions, taxes and
aSSl'ssrrents of rerord and reservations in this DE'claration oonsisting of
the area or space contained in each of the air space units located in the
builc1ing inproveIlPnts and the coownership by the individual and separate
owners thereof as tenants in ccmron 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 ccmron elercents: and
WHEPFJlB, Declarant df'sires to establish this oondaninium project as a
"Condorriniumizro lodge" pursuant to t.hf- provisions of Ordinance No. 14
(Series of 1980), and specifically Section 2(1-.?3 i1::::>pted by alTEI1drrent to
Chapter 20 of the Municipal Code of the ('ity of Aspen, Colorado, as such
Ordinance ,md Municipal Code al.C prf'!'<ently constituted.
NO" 'I'HEREFORE, Declarant does hereby publish and declare that the
following tenns, covenants, oondi tions , l"asenents, restrictions, uses,
limitations and obligations shall be deerred to nm with the land, shall be
a burden and benefit to Declarant, Declarant's heirs, perscnCll
representatives, successors and assigns and any persons aCX]Uiring or owning
interest in the real property and inproverrents, their grantees, successors,
heirs, executors, administrators, devi sees or assigns.
DEFINITIONS
1. 'Ih€' follCMing definitions shall apply unless t.hf- oontext
expressly provides otherwise.
a. "Unit" rreans one (1) individual air spac"€ which is
contained within the unfinished per:iJreter walls, floors, ceilings, windC1WS
and doors of each unit a shcMn on the Condominium Map to be filed for
record, together with all fixtures and inproverrents therein contained am
not including any structural catpJnents of the building or other gf'neral
camon elf'llEnts, if any, located within the unit.
b. "Condcminium Unit" means the fee simple interest title
in and to a unit, together with thf' undivided interest in the geI'eral
COllm::m elercents and the appu..""tenar.t li1"itec' ccmron elf'Ill'nts thereto.
,r,O",.
,.......
'-'
c. "Omer" means the person or persons, as hereinafter
defined, owning a unit in fee sirrple togethp-r with an undivided interest in
fee sirrple in the general camon elerrents in t.he perCf'Jltage specified and
established in this Declaration, including the Declarant, as long as any
condaninium unit, as hereinafter defined, is awned by Declarant.
d. "General camon elenents" rreans 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, inproverrents and
fixtures which !ray be within a unit which are or may be necessary or
convenient to the support, existence, use, occupation, cperation,
maintenance, repair or safety of a building or any part thereof or any
other unit therein.
withoot limiting the generality of the foregoing, the
following shall constitute general camon elerrents:
(1) all of the land and easements which are part of
the property, all jacuzzi or swimning pool (s) and related facilities
designated as general ccmron e1errents on the Condminium Map, and any
recreational facilities and building (s) which may be located on the
property;
(2) all foondations, ro1urms, girders, beams and
supports of a building;
(3) all deck or yard areas, porches, storage lockers
or areas, balconies, patios, fireplaces, doors, wind('IWS, and parking spaces
(subject to specific designations for individual owner use as limited
ccmron elerrents, as may be hereinafter defined and provided);
(4) the exterior walls of a building, the main or
bearing walls within a buildinq, the main or bearing subflooring and the
roofs of a building;
corridors,
facilities,
unit;
lobbies,
stairs,
(5) all
lounges,
stairways
entrances, exits, vestibules, halls,
linen rooms, l;mnc"xy ..'DUllS, kitchen
and fire escapE's, if any, not within any
(6) all offices, utility, service and maintenance
rocrns, space, fixtures, awaratus, inst~"\Uations and central facilities for
power, light., gas, telephone, television, hot water, cold water, heating,
refrigeration, air oonditioning, trash, incineration or similar utility,
service or maintenance PUIJXlses, including furnaces, tanks, pumps, motors,
fans, canpressors, flues, vents, similar fixtures, apparatus, installations
and facilities; and
(7) all other parts of the project used ccmron by the
owners or convenient to the project's existence, maintenance and safety,
e. "M?rtgage" means any mortgage, deed of trust or other
security instrument by which a condominium unit or any part thereof is
encumbered .
f. "M?rtgagee" means any person narrcd as the rrortgagee or
beneficiary under any rrortgage by which the interest of any owner is
encumbered.
g. "Limited conm:m elerrents" means those general ccmm:>n
e1eIrents which are reserved for the use of certain OI-7f1ers to the exclusion
of the others, including and not limited to certain balconies, porches,
patios, fjreplaces, deel: or yard arei1S, parkins spaces anc' storage lockf'rs
or areas.
h. "Person" means an indivi,c:1ua1, corporation, partnership,
canbination, association, trustee or any other IegaJ entity.
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i. "Project"
units, building(s) fixtures,
to this dl'claration.
rreans all of the real property, condaninium
personal property and iltproverrents suh:nitted
j. "Calrron expenses" rreans and includes:
(1) all sums lawfuIly assessed against the owners by
the board, as hereinafter defined;
(2) expenses of administration, maintenance, repair or
replacement of the general ccmron e1enents, as rereinafter defined;
(3) expenses declared camon expenses by provisions of
this Declaration and the Bylaws; and
(4) expenses agreed on as ccmron,expenses by a vote of
the owners representing an aggregate ownership interest of at least
[fifty-<>ne percent (51%)] of the general cannon elenents.
k. "Map" rreans the Condaninium Map referred to in paragraph
tYIo ('1[2) below.
1. "Building" !reans the building ilrprovement carprising a
part of the project.
m. "Association" means the Applejack Inn Condaninium
Association, a nonprofit CC\:rporation organized under the laws of Colorado,
of which all owners of units shall be rrenbers and which shall be charged
with the ll'<'lnagement and mainteI1ance of the project.
n. "Board of Directors" or "J::oalu" rreans the governing body
of the association.
o. "Managing agent" IreaIlS the person errployed by the board
to perfonn the management and operational functions of the project.
p. "Bylaws" rreans the bylaws of the association.
q. "Articles" rreans the articles of incorporation of the
association.
r. "Guest" means any ilgent, BTlployee, tenant, quest,
licensee or invitee of an owner.
s. "Declarant" means the Declarant named herein and such
successor or successors as nay be designated hPIT'-C\fter by Declarant by
written notice duly recorded.
t. "Declaration" means this Declaration together with any
supplemmt or amen~nt rereto recorded in the office of the Clerk ilno
FEcorder of Pitkin County, C.o1orado.
2. ~. There shall be filed for rpcord in tre office of the
Clprk and Recorder of pitkin Cmmty, Colorado, a map, hereinafter refprred
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
t.hereof;
b. the narre and general Jocation of the project;
c. the linear rreasurerrents and loc?tion, with re:"erPJlce to
the exterior boundaries of the lane, of the building (s) and all
iltprovements built on the land;
- 3 -
.>'""
d. fl=r plans and elevation plaI1s of the building (s)
shcMing the location, the designation and the linear d:i1rensions of E>.ach
unit and the designation of the limited camon elarents;
e. the elevations of the unfinished interior surfaces of
the fl=r and ceilings as established fran a datum plcm and the linear
rreasurerrents showing the thickness of the perimeter and camon walls of the
building .
7he map and any S\l'plement (s) thereto shall contain the
statements of (1) the Declarant, submitting the property to the provisions
of this Declaration and (2) a registered land survE>yor certifying that the
map fully and accurately depicts the layout, measurerrents and location of
all of the building(s) and inl'rovanents, the Ul".it designations, the
CliJrensions of such units and the elevations of the fl=rs and ceilings.
Declarant hereby reserves unto itself and the board the right, fran time to
time, without the =nsent of any =ner being required, to amend the map and
supplement (s) thereto, to conform the map to the actual location of any of
the constructed iIlproverrents, to establish, vacate and relocate utility
easeIlEl1ts, access road easeIlEl1ts and parking spaces and to establish
certain general camon elerocmts as limited camon elerrents.
In interpreting any and all provisions of this Declaration
or the articles, bylaws, subsequent deeds to and/or rrprtgages of
=ndcminium units, the actual location of a unit shall be deerred
conclusively to be the property intended to be conveyed, reserved or
encumbered, notwithst.c,nding any minor deviations fran the location of StIch
unit indicated on the map.
3. Division into Units. Declarant does hereby submit the
project to condaninium ownership ~nt to the Colorado Condminium
(kll1('!r!,hip J\ct, and the project is heI'f'J,y divided into thirty-six (36)
conclaninium units, each consisting of a separate fee sinl'le estate in a
particular unit and an appurtenant undivided fee sinl'le interest in the
general camon elements. The undivided interest in the general ccmron
elatEnts awurtenant to a particular unit is as is Sf't forth on FJdUbit 1
attached hereto and in=rporated herein by this referem.."E'.
4. Pight to Canbine Units. Declarant hereby rPserves the right
t.O phYsically canbine the area or space of one (]) unit with the area or
space of one (1) or IlDre adjoining units provided, however, that Declarant
shall not exercise the right without the written consent of any first
IlDrtgagee having an intErest in the units. In the event of any such
physical ccrnbiningof units to create a ccrnbincd unit, such ccrnbine<'l unit
shall also include the canbining of the fixtures and improvements and of
the undivided interests in general camon clerrents appurtenant to the unitE
so canbined. Declarcmt hereby reserves the right to designate anc:l convey
to any purchaser any of the ccmbined units, the additioncl. limited camon
e1errents appnrtenant thereto, any walls, floors or other structural
separiltions between the uni ts so CXJl1i:>ined or any spac" which would l::e
occupied by such structural separationf: or such space shall autrnatically
beccrre general camon elements and shall no longer be lil"i ted carmm
elurents if tlF canbined units bec<::mc subject to sE>parate ownership in the
future. This reserved right in Declarant shall terrrinate on the conveyance
by Declarant of all of th2 condcminium units within th" project or
DeCX'fl1ber 3J, 1986, whichever event Erst occurs.
5. Li.mited Ccmron Elements. Subject to the definition thereof,
the limited camon elerrcnts shall be identified herein or on the map and
designated as appurtenant to a particular condaninium unit herein or on the
map or in a deed fran the Declarant. Any door, window, balcony, porch,
patio or fireplace which is accessible fran, associated with and adjoins a
unit, deck or yard areas, parking spaces and storage lockers or i'lny other
areas identified as limited canron elerrents on the rrep and designated as
appurtenant to a particular condaninium unit shall, without further
referp.TIce thereof, be used in connection with the unit to which it is
awrrtenant to the exclusion of the use therEOf by the other owners, except
by invitation.
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6. Inseparability of a Condaninium unit. An owrnr's undivided
interest in the general camon elements and in any appurtenant lilnited
camron elarents shall not be separated fran the unit to which trey are
a[pUrtenant and shall be deemed to be COlWeyed or p.nctnnbered with the unit
even though the interest is not expressly llV2ntioned or described in a deed
or other instrurrent.
7. rescription of a Condominium Unit. Evc~y deed, lease,
ITOrtgage, trust deed, will or other instrun-ent may legally des=ibe a
oondominium unit by its identifying unit [number] foll~ by the words
Applejack Inn, with reference to the recorded Declaration and map. This
description shall be deemad good and sufficient for all purposes to sell,
oonvey, transfer, enCllllber or otherwise affect not only the unit but also
tbe camon elarents appurtenant to it. This description shall be construed
to include a nonexclusive easerrent for ingress and egress throughout the
camon elarents appurtenant thereto to the exclusion of all third parties
not lawfully entitled to use the saIlP.
8. Title. A condominium unit may be held and owred by ITOre than
(1) person as joint tenants or as tp.nants in camon or in MY real prope'rty
tenancy relationship recognized under the laws of the State of COlorado.
9. No partition. '!be camon plenerrts shall remain undivided and
no owner or any other person shall bring any action for partition or
division of the camon elements. Silnilarly, no action shall be brought for
the partition of a unit or a condominium unit between or arrong tre owners
thereof. Each owrnr expressly waives any and all such rights of partition
he may have by virtue of his ownership of a oondominium unit. A violation
of this provision shall entitle the associaUon to personally collect,
jointly or severally, fran the parties violating tl1e same the actual
attorney I s fees, oosts and other damagefi the association incurs in
oonnection therewith.
10. Separate Taxation. Each condominium unit shall be deerred to
be a separate parcel and shall be subject to separate asseSSll'Cl1t and
taxation by each assessing unit and special district for all types of taxes
authorized by law, including ad valorem levies and srecial assessrrents.
Neither the building (s), the property nor any use of the general ccrnnon
elE!IT'Cnts shall be deemed to be a paroe1. The lien for taxes assessed to
any condominium unit shall be confined to tilat condominium unit. No
forfeiture or sale of any oondaninium unit for delinquent taxes,
assessrrents or other gOVeD1IlEI'lta1 charges shall divest or in any way affect.
the title to any other condaninium unit. In tl1e event that such taxes or
assessrrents for any year are not separately assessed to each owrnr and
rather arB assesseo on the property as a wl1nJc, each owner ~hal1 pay his
prq::ortionate share thereof in a=rdance with his ownership interest in
the general camron elements; and, in such event, such taxes or assessrrent
shall be a camron expense. Without lilniting the authority of the board
provided for elsewhere herein, the board sholl have the authority to
collect fran the owners tJ1eir proportionate share of taxes or assessrrents
for any year in which taxes are assessed on tile property as a whole.
11. Certain W:>rk Prohibited. No owner shall undertake any work
in his unit which would jeopardize the sourdness or safety of the project,
reduce the value thereof or irrpair an easerrent or hereditament thereon or
thereto; nor shall any owner enclose, by rreans of screening or otherwise,
any baloony, yard, deck, patio or porch which is nccessible fran,
associated with and which adjoins a unit without having first obtained the
prior written awroval of the board (which awrova1 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 re11lJV8 any additions,
:ilTi>roverrents or fixtures fran the building(s) without the prior written
approval of the board (which approval !TRY be withheld for any reason) first
having been obtained.
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12. Liens J'qainst Condaninium Units -- Rerroval fran Lien -
Effect of Part PaynEnt.
a. No labor perforrood or materials furnished with the
consent or at the request of an owner of a particular condaninium unit or
his agent shall be the basis for the filing of a lien purs~t to law
against the condaninium unit or other property or another ~~ owner not
expressly consenting to or requesting the sane, except: that express consent
shall be deared to be given by the owner of any condominium unit to the
Irenaging agent or the board in the case of errergency repairs. labor
perforrood or materials furnished for the gerercl camon clE'/'lEl1ts, if duly
authorized by the managing agent or the board of directors in accordanCE
with the Declaration or bylaws, shall be deared to be perfmmed or
furnished with the express conrent of each owner and shall be the basis for
the filing of a lien p:1rsuant to law against each of the condominium units
in the project.
b. In tre event a lien is effected against two (2) or more
condominium units, the owners of the separate condaninium units may reJlDVe
their condaninium units fran the lien by paynEnt of the fractional or
prcportional anvunt attributable to each of the condominium units affected.
Individual paynEnt shall be CCIIpUted by reference to the percentages
appearing in this Declaration. Subsequent to paynEnt~, discharge or other
satisfaction, the condaninium unit shall be re]eased fran the lien paid,
satisfied or discharged. Partial payment, satisfaction or discharge shall
not prevent the lienor fran 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 hannless fran and against liability or Joss arising fran the claim
of any lien against the condominium unit of the owner or any part thereof
for labor perforrood or for materials furnished in work on such owner's
condaninium unit. At the written request of an owner, the association
shall enforce such indemnity by rollecting from the owner of the
rondominium unit on which the labor was perforrood or materials furnished
the anvunt necessary to discharge any such lien and all costs incidental
thereto, including reasonable attorney's fees. If not prarptly paid, the
association may proceed to collect the &1Il1C in the nmmer provided herei n
for collection of assessrrents for the purpose of discharging the lien.
13. Use and ~cy of Units. Each owner shall be entitled to
the exclusive ownership possession of his unit subject to the
restrictions and reservations contained in this Declaration.
14. Use of General and Limited Camon Elerents. Each ol.mer may
use the general camon elements an<'l his appurtenant limited camon e1errents
in accordance with the purpose for which they are intended ",'ithout
hindering or encroaching on the lawful rights of the other owners. The
association and/or the board may, fran tiIre t.o tiIre, adopt rules and
regulations governing the use of general and limited camon elements and
such rules and regulations shall be uniform cUld nondiscriminatory. Each
owner, by the acceptance of his deed or other instrUJrent of conveyance or
assignnent, agrees to accept and be bound by any such adopted rules and
regulations.
15. Various Fight and Easanent.s.
a. CMner's Rights in Limited Camon Elerents. Subject to
the other provisicns of this Declaration, each owner, his family and guests
shall have an exclusive right to use and enjoy tIE limit.ed camon elerents
designated herein in the map or in the initial deed frrtl' Declarant as
appurtenant to the condaninium unit owned by such owner.
b. Association Rights. '!he association, the board and the
managing agent shall have a nonexclusive right and easerrent to make such
use of and enter into or on the general camon elerrents, the limited U-alllOJn
elements and the units as may be necessary or appropriate for the
perfonnance of the duties and functions which they are obligated or
permitted to perfonn under this Declaration.
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c. CMner's F..asrnents for kress, SurPort and Utilities.
F.'lch owner shall have a nonexclusive casement for -access benoeen his unit
i'nd the roads and street adjacent to the project and tha roads, streets and
driveways in the project, over and on the halls, corridors, stairs, walks,
bridges and exterior access and other eaSE"lrents which are part of <-.he
general ccmron elemmts. Each owner shall have a nonexclusive easerrent in,
on and over tIE gE'neral L1J.LllllJj, elemmts, including tha general U-llIIlUIl
elements within the unit of another owner, for horizontal and lateral
support of tha unit which is part of his condaninium unit, for utility
service to that unit, including and not limited to water, sewer, gas,
electricity, telephone and television service and for tha release of sroke
arising from any fireplace within a unit through the flue leading
therefran.
d. Easemmts for Eh::roachrrents. If any part of tha general
canton elenents encroaches or shall hereafter encroach on a unit, an
easarent for such encroaclurent and for tha maintenance of the sane shall
and does exist. If any part of a unit encroaches or shall hereafter
encroach on tha general U-lllUlJll elemmts or on another unit, the owner of
tl1at unit shall and does have an easement for such encroachment and for the
maintenance of same. SUch encroachrrents shall not be considered to be
encurmrances either on the general cannon elemmts or on a condaninium unit
for purposes of marketability of title or otherwise. Encroaclments
referred to herein include and are not limited to encroachrrents caused by
error in the original construction of the building (5), by error in the
map, by settling, rising or shifting of the eert.h, or by changes in
position caused by repnir or reconstruction of the projP.Ct or any part
tl1ereof. '
e. Easenents in Units for REpair, Maintel'ance and
EnErgencies. SatE of the general ccmron elements are or may be located
within a unit or may be conVPJliently accessible only through a particular
unit. '!he Clssociation, board and managing agent and each owner shall have
an easarent, which may be exercised for any owner by the association, the
board or the mcmaging agent, as his agent, for access through each unit and
to all general cannon elemmts, fran time to time, during such reasonable
hours as may be necessaxy for tl1e location, placement, existence,
maintenance, repair or replaoement of any of the general carmon elemmts
located therein or accessible therefran or for making E'.rrergency repairs
therein necessaxy to prevent damage to tl1e general crnm:m elemmts or to
another unit or for rraking repairs or replacerrents pursuant to paragraph
sixteen (<1:16) hereafter. Damage to the interior of any part of a unit
resulting fran the maintenance, repair, emergency repair or replacarent of
any of the general U-lllUlJn elemmts or as a result of emergency repairs
within another unit, at the instance of the association, the board or the
managing agent, shall be a U-llIIlOl1 expense of all of the owners. No
diminution or abatement of camon expense assessments shall be clairred or
allCMed for inconvenience or discomfort arising fran the making of repairs
or inprolTemmts or fran action taken to carply with any law, ordinance or
order of any govermEl1tal authority. Restoration of tha damaged
inproverrents shall be substantially the same as the condition in which they
existed prior to tha 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 Deerred ~rtenant. Tile easerrents, uses and
rights herein created for ~ owner s 11 be aFPJrtenant to tl1e condaninium
unit of that owner; and all conveyances of and other instruments affecting
title to a condaninium unit shall be deeTW to grant and reSE'IVe the
easerrents, uses and rights as are prolTided for herein, even thaIgh no
specific reference to such easerrents, uses and rights appear in any such
conveyance.
g. EnErgency Easerrent. A.nonexclu~ive ea~t for ~ss
and egress is hereby granted to all pollce, shenff, f:Lre protectlon,
ambulance and otl1er 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 tha property in tha performance of thair duties.
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c
16. <Mners' Maintenance Responsibility. For purposes of
maintenance, repair, alteration and rerrodeling, an owner shall be deem2d to
own and shall have the right and obligation to maintain, repair, alter and
remodel the int.erior 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) naking up the
finished surfaces of the perilreter walls, ceilings ard floors within the
unit and the unit's doors and windows and any and all re.J 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, ~er, make any changes or
alterations of any type or kind to the exterior surfaces of the doors or
wi.ndcMs to his unit or to any general carm:m elarents (including and not
limited to the exterior portions of his unit). 'lhe owner shall not be
cleaned 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, p..xcept as a tenant in Cull..)] I with the
other owners. Each owner shall have the obligation to replace any
finishing or other materials raroved with sirnilar or other types or kinds
of materials. An owner shall maint""in 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 inprovarents
affixed thereto and such other it:PllIS 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 accurmlation of
water on the deck, yard, porch, balcony and/or patio area adjoining and/or
leading to a unit, if any, which areas are limited c:xmron elerrents
applrtenant to such owner's condaninium unit. All fixtures, appliances and
equifll'F.!nt installed within a unit carmencing 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 oot or neglects the responsibilities set forth
in this paragraph, the board of the managing agent may fulfill the SartE and
charge such owner therefor. Any expense incurred by an owner under this
paragraph shall be the sole expense of the owner.
17. liance with Provisions of Declaration, Articles
and Bylaws of the AssocJ.ation. Each owner shal CCIIply stnctly with and
shall cause each of his guests to carply strictly with all of the
provisions of this Declaration and the articles and bylaws and the
decisions, rules, regulations and resolutions of the association or the
board adcpted pursuant thereto, as the sarre may be lawfully anended fran
tilre to time. Failure to carply with any of the SartE 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 perfonn functions and hold and
manage property as provided in this Declaration so as to further the
interests of o.mers of condcrninium units in the project. It shall have all
p:l\'I6:s necessary or desirable to effectuate such purposes.
b. ~1embership. The owner of a condaninium unit shall
autanatically becare a nanber of the association. The nanbership is
appurtenant to the condaninium unit of the owner and the ownership of the
nanbership for a candaninium unit shall autaratically pass with fee simple
title to the condaninium unit. Each owner shall autanatically be entitled
to the benefits and subject to the burdens relating to the lTBttJership for
his condaninium unit. If the fee sinple title to a condaninium unit is
held by more than one (1) person, each owner of a condaninium unit shall be
a !lBllber of the association. Menberships in the association shall be
limited to owners of condaninium units in the project.
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c. Board of Directors. 'TIle 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 camlittee or to a director or
managing agent for the association. 'l11ere shall be not less thRn three (3)
or IOOre than seven (7) llIeIltJers of the board of directors, t.he ~ specific
number to be set forth fran time to time in the bylaws, all of \'oron shall
be owners elected by owners. Regardless of the number of lIBliJers of the
board of directors, the terms of at least one-third 11/3) of such board
shall expire annually. &>twithstanding anything to the contrary provided
for herein h<:Jwever, until Declarant has conveyed fifty percel"t~ (50%) of the
condaninium units in the project or until Decenber 31, 1986, whichever
event shall first occur, the Il'eITlbers of the board of directorlO shall be
app:linted by Declarant, it successors or assigns.
d. votin& of Qmers. 'TIle owner or owners of
CXlndaninium unit shall entitled to one (1) vote for e<lch
CXlndeminium unit owned by the owner or owners.
each
such
e. Bylaws and Articles. 'TIle purposes and powers of the
association and the rights and obligations with respect to owners set forth
in this Declaration may and shall be amplified by provisions of the
articles and bylaws of the association.
19. Certain Rights and Cbligations of the Association.
a. Association as Attorney-in-Fact for Qmers. 'TIle
association is hereby irrevocably app:linted attorney-in-fact for the owners
and each of them to manage, cxlntrol and deal with the interest of each
owner in the general \.iUlIlul1 elements so as to pennit 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
oosolescence as hereinafter provided and to grant utility ea5ellP.nts through
any portion of the general camon elements. 'TIle acceptance by any person
of any interest in any condaninium unit shall CXll"stitute an appointIrent of
the association as attorney-in-fact as provided above and hereinafter. The
association is hereby grant.ed 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 provisions contained in this Declaration, [unless at least
three-fourths (3/4) of the first IOOrtgagees of CXlndcminium units (based on
one (1) vote for each first. IOOrtgage owned) and at lffist three fourths
(3/4) of the owners (excluding Declarant) have given their prior written
approval, the association shall not be errp::I\'Iered or entitled to:
(1) by act or emission seek to abandon or terminate
the project;
(2) change tl~ pro rata interest or obligations of any
individual condcminium unit for the purpose of levying asselOsmmts or
charges or allocating distributions of hazard insurance proceeds or
condemnation awards;
(3) partition or subdivide any condcminium unit;
(4) by act or emission seek to abandon, partition,
subdivide, encumber, sell or transfer (excluding the granting of easemants
for public utilities or other public purposes conlOistent with the intended
use of the general ccrmon elements) any of the general or limited CU'Ul'-'ll
elements; and
(5) use hazard insurance proceeds for loss to the
project (whether units or general camon elerrents) for other than repair,
replaCEm?nt or reoonstroction thereof.
Provided, however, no action set forth in paragraphs nineteen ('][19) (a) (1-5)
above may be taken without the prior written approval of the owner and
first IOOrtgagee of the specific unit. or units being affected.
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b. General Camnn Elrnents. The association shall provide
for the care, qJeration, management, maintenance, repair and replacaren.t of
the general CCIlIlDn elrnents eXCf>pt as is provided for in paragraph sixteen
(~16) herein. Without limiting the generality of the foregoing, the
obligations shall include the keeping of such general ccmron elanents
in a good, clean, attractive and sanitary condition, order and repair;
ratDVing snow and any other materials fran such general C'-"UlJll elanents
which might inpair access to the project or the units; keeping the project
safe, attractive and desirable; and making necessary or desirable
alterations, additions, betterIlEIlts or ilrprovanents to or on the general
ccmnon elanents.
c. otnlr Association Functions. The association may
undertake any activity, nmction or service for the benefit of or to
further the interests of all, satE or any owners on a self-supporting,
special-assesSlleIlt or ccmron-assesSlleIlt basis. Such activities, :functions
or services may include the providing of police or similar security
services, the providing of firewood and the providing of maid and cleaning
service for individual units.
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 _11 as such other personnel
as the association shall detennine to be necessary or desirable for the
proper operation of the project, whether sudl personnel are furnished or
erlployed directly by the association or by any person with whan 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 enforcanent of this Declaration; and (3) may arrange with others to
furnish lighting, heating, water, trash collection, sewer service and othf'X
\A.IUll.J!! services.
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 sane by sale or otheI:Wise. Subject to the provisions of
this Declaration and rules and regulations of the association, each owner
and each owner's family and guests may use such property. 01 termination
of condaninium ownership of the project and dissolution of the association,
if ever, the beneficial interest in any such property shall be deemed to be
~ned by the then owners as tenants in C'-'llllJll in the sane prcportion as
their respective interests in the general CCIlIlDn elements. A transfer of a
condaninium 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 condaninium unit
under foreclosure shall entitle the purchaser to the beneficial interest in
such property associated with the foreclosed condaninium unit.
f. Association Right to I ease and License General
Camnn 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-tenn basis or long-tenn basis and with or without charge as the
association may deem desirable any portion of the general "'-'1I11J11 elanents
or any condaninitml unit owned by the association. The rights granted to
the association in this subparagraph shall only be used in the pramtion of
the collective best interests of the owners. Further, the association
shall have the right to grant utility easanents under, through or over the
general ccmnon elemmts which are reasonably necessary to the ongoing
develClp1EIlt and operation of the project.
g. >>:lrtgagee Notification. The association shall notify
each first mortgagee of any proposed material arrendment of the
association's articles or bylaws at least ten (10) days prior to the
effective date of such anEI1drrent or chancre. Further, on the written
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request of any first lI'Ortgagee, such first lI'Ortgagee shall be entitled to
receive the lI'Ost reCf'.nt annual financial stateIrent of the association and
written notice of all rreetings of the association and such first lI'Ortgagee
shall have the right to designate a representative to attend any such
rreeting.
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 CCIIply with the association's rules and
regulations or with any other obligations of such owner under this
Declaration. '1he association may also take judicial action against any
owner to enforce CCIIpliance with such rules, regulations or other
obligaticns hereunder or in the bylaws contained or to obtain damages for
noncCIlpliance thereof, all to the extent permitted by law. The board may
inp>se a fine, not to exceed fift,y dollars ($:;0.00), on any owner for each
violation or act of nonCCllpliance by any such owner or his guest.
i. Certificate. The board of directors may, fran time to
time, record a certificate of the identity and the mailing addresses of the
persons then CDlprising 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. '!be association shall have and may
exercise any right or privilege given to it eJ<Pressly by this Declaration
or the articles or bylaws or reasonably to be iIrplied fran the provisions
of those docurl'ents or given or inplied by law or which may be necessary or
desirable to fulfill its duties, obligations, rights or privileges.
20. Assessrrent for Ccmnon Expenses.
a. Each owner, except Declarant, shall be chligated to pay
the assessments inp>sed by the board of directors to meet the estiJnated
camon 8XJ;eIlses. '!be assessments shall be made pro rata accx>rding to each
owner's interest in and to the general C.'U1Il...., elements. Declarant shall
have no obligation to pay the estimated camon expense assessrrent on
condaninilml units CMIEd by Declarant imposed by the board to meet the
camon 8XJ;eIlses, and Declarant agrees to pay to the association a sum equal
to the difference betloieen the lI'Ol1th1y cost of operating and maintaining the
general camon elerrents , exclusive of reserves, and the anount of funds
payable by the other owners to the association. This obligation of
Declarant to subsidize the operations of the association shall tenni.nate
when Declarant relinquishes its right to ar.point the association's board or
December 31, 1986, whichever event first occurs. Subsequent to the
occurrence of either of the aforesaid events, Declarant shall be obligated
as any other owner in reference to condaninilml units then owned by
Declarant to pay the estimated ccmnon expE'.nse assessrrents imposed by the
board to rreet the camon 8XJ;eIlses. Except as hereinbefore provided, the
limited camon elements shall be maintained as general camon elerrents and
owners having the exclusive use thereof shall not be subject to any special
charges or assessments. Assessrrents for the estimated U..UIIIUn 8XJ;eIlses
shall be due monthly, in advance, on the first day of each lI'Onth. The
managing agent or board of directors shall prepare and deliver or mail to
each owner an itanized annual rodget showing the various estiroated or
actual expenses for which the assessrrents are made. Contributions for
rronthly assessrrents shall be proratEd if the ownership of a condClllini.lml
unit ccrtItPnces on a day other than the first day of a lI'Ol1th. The
assessrrents made for camon 8XJ;eIlses shall be based on the requirements
deerred to be such aggregate sum as the board of directors shall fran time
to time detennine is to be paid or accrued to be paid to provide for the
payment of all estiroatRd. expenses growing out of or connected with the
maintenance and operation of the general ccmron elelrents, which sum may
include, am:mg other things, 8XJ;eIlses of managerrentl taxes and special
assessrrents, until separately assessedl premitmlS for insurance of the types
and kinds provided for in paragraph twenty-three ('l!23) hereafterl
landscaping and care of groundsl ccmron lighting and heatingl repairs and
renovations 1 trash collections; firewood 1 cable television service 1 wagesl
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water and sewer charges: legal and acoounting fees; capital expenditures
made by the board not exceeding five thousand dollars ($5,000.00), in any
one (1) calendar year (unless a greater arrount 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 ranaining fran a previous period: and other oosts and
expenses relating to the general OCI'lIOCln elenents. Further, it shall be
mandatory for the board to establish and segregate, out of such monthly
assessnents, a contingency or reserve fund for the repair, replacerent and
maintenance of those general CUII'on elenents that must be replaced
periodically. 'lhe anission or failure of the board of directors to fix the
assessnent for any month shall not be deemed a waiver, modification or a
release of the owners fran their obligation to pay sane. lmy owner or
first mortgagee may, pursuant to C.R.S. S 38-33-107 (1973, as amended),
inspect the association's records of receipts and expenditures at any
reasonable time during convenient weekday business hc:urs: and, on ten (10)
days' notice to the board of directors or managing agent, if any, and on
paynent 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 anount of any unpaid assessnents or other charges
due and owing fran 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 OCI'lIOCln expenses. Each owner shall be
obligated to pay all charges for any separately lretered utilities servicing
his unit. All utilities that are master lretered shall be a (,,,...."0.. 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
assessnent 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] oondaninium. Such special assessnent
shall be bome by the owners in acoordance with each owner's interest in
the general camon elenents and shall be due and payable as deteII!1ined by
the board of directors.
21. lIssessnent Reserves. The association may require an owner,
other than Declarant, to deposit with the association an anount not
exceeding six (6) times the anvunt of the original estimated monthly <.;UII'''''l
assessnent, which sum shall be held, without interest, by the association
as a reserve to be used for paying such owner's monthly (;ulIlOll assessrrent
and for ~rking capital. Such an advance paynent shall not relieve an
owner fran making the regular monthly paynent of the monthly <';uIIIUI1
assessnent as the sane crnes due. Q1 the transfer of his condaninium unit,
an owner shall be entitled to a credit fran his transferee for any unused
portion thereof. Such reserves shall, at all times, remain as capital of
the association.
22. 1\dditions, Alterations and Inpl'Olll3OOllts - General and
Li.JT1ited Camon Elements. There shall be no special assessnents 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
impl'Olll3OOllts of or to the general or limited lXAII"ull elenents by the
association requiring expenditure (s) in excess of five thousand dollars
($5,000.00), in any one (1) calendar year without, in each case, prior
approval by a majority of the votes in the associatioo, except in the event
of an errergency: the limitations set forth above shall not apply to any
expenditures rrade by the association for rraintenance and repair of theageneral OCI'lIOCln elenents as set forth in paragraph nineteen ('[19) hereof or
for repair in the event of damage, destruction or condEmlation as provided
in paragraph twenty-nine (<[29) and paragraph thirty ('1130) hereof.
23. Insurance.
a. Insurance Requirements Generally. The association shall
obtain and IMintain in full force ,;00 effect at all times certain casualty,
liability and other insurance a!" hereinafter provided. All such inS\'rance
shall be obtained, to the f'-Xtent possible, fran responsible ccrrpanies duly
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authorized to do insurance rosiness in the State of Colorado. All such
insurance shall narre as insureds the association, the board of directors of
the association, the association's officers, enployees and agents, and, if
practicable, the owners. All sum insurance shall protect each of the
insureds as if each were separately insured under separate p:>licies. To
the extent p:>ssible, such casualty insurance shall: (a) provide for a
waiver of subrogation of the insurer as to claims against Declarants, the
association, its directors, officers, enployees and agents and against each
owner and each owner's enployees and guests; (b) provide that the insurance
carmot be cancelled, invalidated or suspended on accoont of the CJCI1duct of
the association, its officers, directors, enployees and agents or of any
owner or such owner's enployees or guests; (c) provide that any "no other
insurance" clause in the insurance p:>licy shall exclude any p:>licies of
insurance maintained by any owner or mortgagee and that the insurance
p:>licy shall not be brought into contribution with insurance maintained by
any owner or mortgagee; (d) contain a standard mortgage clause endorsanent
in favor of the mortgagee of any oondaninium unit or part of the project
except a mortgagee of a condaninium unit or part of the project who is
covered by other and separate insurance; (e) provide that the p:>licy 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
endorsanent; and (f) provide that the insurer shall not have the q7tion to
restore the premises if oondaninium ownership of the project is to be
tenninated in accordance with the tenns of this Declaration or the project
is to be sold in its entirety in accordance with the destruction,
condannation and obsolescence provisions of this Declaraticn. To the
extent possible, public liability and pl:qJeJ:Ly damage insurance shall
provide for coverage of any cross liability claims of Clllmers against the
association or other owners and of the association against owners without
the right of subrogation. Any insurance p:>licy may contain such deductible
provisions as the board of directors of the association deems consistent
with good b.1siness practice.
The association shall obtain an indepe>.ndent appraisal of the
project at least every three (3) years or more oft.en if the board of
directors deems it advisable; provided, however, that said appraisal may be
performed by an appraiser enployed by an insurance carpany.
Certificates of insurance coverage or cq>ies of insurance
p:>licies shall be issued to each owner and each mortgagee who llI3kes written
request to the association for any such certificate or copy of an insurance
p:>licy .
The cost and expense of all insurance obtained by the
association, except insurance covering additions, alterations or
:i1lprovarents made to a condaninium 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. '!he association shall obtain and
maintain casualty insurance covering the project and each condaninium unit
covering loss or damage by fire and such other hazards as are covered under
standard extended coverage p:>licies, with vandalisn and malicious mischief
endorsements, and if available and if deaned appropriate by the
association, other casualty risks, for the full insurable -replacement cost
of the project, including each condaninium wit \>i.Ul an inflation guard
endorserrent that autanatically increases thP annunt of coverage by a fixed
percentage at least quarterly. At the ~ion of the association such
insurance may also cover additions, alterations or imprCJVa'l'ents to a
condaninium unit made by an Clllmer if the owner reinDnrses the association
for any additional premiums attributable to such coverage. The association
shall not be obligated to apply any insurance proceeds to restore a
condaninium unit to a condition better thcln the CJCI1ditions existing prior
to the llI3king of additions, alterations or inpI'OVE!ll8Ilts by an owner in the
absence of insurance covering such additions, alterations or impI'OVE!ll8Ilts
as aforesaid.
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c. Public Liability and Pro~ Damage Insurance. The
association shall cbtain and maintain a:xnpr 1eTlSive public liability and
prq:Jerty damage insurance covering personal liability, prq:Jerty damage
liability and autald:lile personal and property damage liability of the
association, its officers, managers, enployees and agents and of each owner
and each owner's E!lployees and guests, ari.sing in conjunction with
ownership, operation, maintenance, occupancy or use of the project or of
any condaninium unit in the project with limits of not less than SI,OOO,OOO
for each occurrence involving bodily injury liability and/or property
damage liability.
d. ~rIanen's Carpensation and Ehployer's Liability
Insurance. The association shall d:ltain and maintain workmen · s
~sation and enployer's liability insurance as may be necessazy to
a:xnply with awlicable laws.
e. Insurance by ()mers. Insurance coverage on ccntents,
Irerchandise, furnishings, including cabinets, counters, carpet and other
flcor coverings, draperies, oven range, refrigerator, wallpaper, disposal,
plutiJing fixtures such as tubs and sinks and other items of personal or
other property belooging 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 ca=ied 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 enployees and against the owners and their atployees and guests.
. A cqJy of any insurance policy obtained by an owner shall be furnished to
the association on the written request of the association.
f. Receipt and Jlwlication of Insurance Proceeds. Except
as sare particular person has a legal right to receive insurance proceeds
directly, all insurance proceeds and recoveries shall be paid to and
received by the associatioo. All insurance proceeds or recoveries received
by the association shall be awlied by the association; first, as E!J!PI'8ssly
provided elsewhere in this Declaration: second, to the owners or persons
whan the association may determine are legally or equitably E>.ntitled
thereto; and third, the balance, if any, to owners in proportion to their
respective interests in CCll1lOl'l elanents.d
g. Other Insurance b~ Ass09iatioo. The association shall
have the p:JWer 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 atployees and
agents of the association and insurance indemni tying officers, managers,
enployees and agents of the association.
h. o.>ner-Increased Premiums. In the event that, as a
consequence of the hazardous use of MY condaninium unit, or of any owner
installed ilTprovarents to any condaninium unit, the premiums of any policy
of insurance purchased by the association arc increased, or special policy
is r€'OUired, the cost of such incn>..ase or specific policy shall be payable
by th~ CMner of such condaninium unit.
24. Lien for NonpaynEllt of Carm::m Expenses. All 5I.UM assessed
by the board p.1rsuant to any provisions of this Declaraticn, including ,
without limitation, the share of cannon e.'q')enses chargeable to any
condaninium unit, shall constitute a lien on such condaninium unit superior
(prior) to all other liens and e1'lCUlTiJrances, except (1) tax and special
assesrnent liens on the condaninium unit in favor of any goverrurental
assessing unit and (2) all 5I.UM unpaid on a first mortgage of record,
including all unpaid obligatory sums as rray be provided by such
enClDllbrance .
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a. If any assessnent shall remain unpaid after twenty (20)
days after the due date thereof, such unpaid sums shall bear interest fran
and after the due date thereof at the rate of eighteen pe.icent (18%) per
annum; and the board of directors IlBY inpose a late charge on such
defaulting owner in an armunt not to exceed ten dollars ($10.00) to cover
the extra cost and expenses involved in handling such delinquent
assessnents.
b. 'n1e association IlBY 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 aJlDUI1t of such unpaid
indebtedness, the name of the owner of the condaninium unit, a description
of the condaninium unit and signed by ore (1) of the board of directors.
SUch lien IlElY be enforced by foreclosure of the defaulting owner's
coriIaninium unit by the association in like manner as a IOOrtgage on real
property on the recording of a notice or claim thereof. In any suC".h
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. The owner shall also be required
to pay to the association the llDI'lthly assessnent for the condaninium unit
during the period of foreclosure, and the association shall be entitled to
the aIlJOintrnent of a receiver to collect the sane. The board of directors
shall have the ~ to bid on the condaninium unit at foreclosure sale and
to acquire and hold, lease, mortgage and corrvey sane.
c. Any encIlIlbrancer holding a lien on a condaninium unit
IlBY pay but shall not be required to pay any unpaid camon expenses payable
with respect to such condaninium unit; and, on such payment, such
encumbrancer shall have a lien on such condaninium unit for the armunts
paid of the sarre rank as the lien of his el'lClUlbz:ance, provided any first
mortgagee who acquires a conclaninium unit by foreclosure or by a deed in
lieu thereof shall acquire title to such condaninium unit free and clear of
any lien for unpaid camon expenses and shall only be responsible for
0C1I1l0Il expenses arising after the date on which sum first IOOrtgagee
acquires title to the condaninium unit.
d. The association shall, on request, deliver written
notice to the first mortgagee of a condaninium unit of any assessnents
rerraining unpaid for longer than thirty (30) days after the sarre are due as
\Nell as of any other default of an owner hereunder known to--the associaticn
which is not cured within sixty (60) days.
e. Declarant states, in accordance with the requirenents of
the Colorado Condaninium <Mnership A::t, that it is possible that liens
other than rrechanic's liens, assessnent lif'llS and tax liens may be obtained
against the general camon elenents, including judgrrent liens and mortgage
liens .
f. Each owner hereby agrees that the association's lien on
a conclaninium unit for assessnents as hereinbefore described shall be
superior to the Hanestead Exa:tption provided by C.R.S. S 38-41-201, et.
seq. (1973, as arrended) and each owner hereby agrees that the acceptance of
the deed or other instnment of ccnveyance in regard to any condaninium
unit within the project shall signify such grantee's waiver of the
Harestead right granted in the section of the Colorado statutes.
g. Any recorded lien for nonpayment of the camon expenses
IlBY be released by recording a release of lien executed by a member of the
board of directors.
25. Gmers I dlligations for payrrent of Assessrrents. The armunt
of the \,;Ullllon expenses and any special assesSl101t assessed against each
conclaninium unit shall be the personal and individual debt of the owner or
owners thereof at the time the assessrrent is rrade. SUit to recover a m:mey
judgrrent for unpaid ccmnon expenses or special assesSl1lf'.nts and costs of
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suit and attorney's fees shall be maintainable witlx:lut foreclosing or
waiving the lien securing sane. No owner may exenpt himself fran liability
for his contribution towards the OCIlIIOn ~ses or any special assesSltE!nt
by waiver of the use or enjoyrrent of the general eu..,0I1 elemants or by
abandol1lleIlt of his condaninium unit.
Unit.
26. Liability for Canton Expenses on Transfer of Candaninium
a. O:l pa~t of a reasonable fee not to exceed b.elty-five
dollars ($25.00), and on ten (10) days' prior written notice franany owner
or any IOOrtgagee or prospective IOOrtgagee of a oondaninium unit, the
association, by its managing agent or board of directors, shall issue a
written statemant setting forth the anount of the unpaid U-IlIlLU expenses,
if any, with respect to the subject oondaninium unit, the ancunt of the
current m:mthly assessment, the date such asseSSltE!nt bea:tnes due, the
anount of any assesSltE!nt reserve on deposit with the association and any
credit for advanced pa~ts for prepaid itans, including and not l.imited
to insurance premiums, 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 ccrrplied with within ten (10)
days fran receipt thereof, all unpaid <';uIIIUl expP..n5eS which beocrtle due
prior to the date of IlBking such request shall be subordinate to the lien
of the person requesting such statement.
b. The grnntee of a condaninium unit, except a first
rrortgagee who acquires a condaninium unit by foreclosure or a deed in lieu
of foreclosure, shall be jointly and severally liable with the gmntor for
all unpaid assesSltE!nts against the grantor for his proportionate share of ,
the OCIlIIOn ~ses up to the tinE of the grnnt or ccrnreyance witha1t
prejudice to the grantee's right t.o recover fran the grantor the am::>unts
paid by the grantee therefor provided, h~, tbnt on paynent of a
reasonable fee not to exceed ~nty-five dollars ($25.00), on written
request, any such prospective grantee shall be entitled to a statanent fran
the managing agent or board of di.r.>ctors setting forth the anount of the
unpaid carmon expenses, if any, with respect to the subject condaninium
unit, the anount of the current rront.hly assessrrent, the date that such
assessrrent beccmas due, the anount of any assessrrent reserve on deposit
with the association and any credit for advanced pa~ts for prepaid
items, including and not l.imited to insurance premiums, which statanent
shall be conclusive on the association in favor of all persons who rely
thereon in good faith. Unless such request for such a statanent shall be
carplied with within ten (10) days fran the receipt thereof, such
requesting grantee shall not be liable for and the condaninium unit
conveyed shall not be subject to a lien for any unpaid assesSllents against
the subject condominium unit. The provisions contained in this paragraIit
shall not awlyon initial transfer of the condaninium \D1its by Declarant.
27. M:>rtgaging a Ccndaninium Unit - Priority. l\ny owner shall
have the right fran time to time to rrortgage or eI1Cl.llliJer his condominium
unit by deed of trust, IOOrtgage or other security instn:urent. The owner of
a condaninium unit may create junior rrortgages (junior to the lien, deed of
trust or other encuni:>rance of the first rrortgagee) on his condaninium unit
on the following conditions: (1) that any such junior rrortgages shall
always be subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for camon expenses and
other obligations created by this Declaration and the bylaws and (2) that
the rrortgagee \D1der any junior nortgage shall release for the purpose of
restnration of any inproverrents on the nortgaged prrndses all of his right,
title and interest in and to the prcx..-eeds \D1der all insurance policies
effected and placed on the project by the associat.ion. Such release shall
be furnished forthwith by a junior nortgagee on written request of the
managing agent or ore (1) or rrore of the board of directors of the
association, and if not furnished, nay be executed by the association as
attorney in fact for sud1 junior mortgagee.
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28. Restrictive Covenants and <bligations.
a. No Inperiling of Insurance. No owrer and no owrer'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 owrer and no owrer's guests
shall do anything or keep anything in or on the project which would be
iImoral, inproper, offensive or in violation of arrj statute, rule,
ordinance, regulation, permit or other validly inposed requi:rnnent of any
governrrental body.
c. No Noxious, Offensive, Hazardous or .l\rmoying J\ctivities.
No roxicus or offensive activity shall be carried on on any part of the
project; nor shall anything be dooe or placed on or in arrj part of the
project IfArich is or may beor::I're a nuisance or cause eN:larrassment,
disturbance or annoyance to other owrers or their guests. No activity
shall be conducted on arrj part of the project and no inprovatents shall be
made or constructed on arrj part of the project which are or might be unsafe
or hazardcus to any person or property. No S01IDd shall be anitted on arrj
part of the project which is unreasonably lcud or annoying. No odor shall
be emitted on any part of the project which is roxicus or offensive to
others. No light shall be anitted fran any part of tre project which is
unreasonably bright or causes unreasonable glare.
d. No Unsightliness. fiIo unsightliness or waste shall be
permitted on or in any part of the project. without limiting the
generality of the foregoing; no owrer shall keep or store anything (except
in designated storage areas) on or in any of the general ocmron elements;
no CMner shall hang, erect, affix or place anything on arrj of the general
ocmron elements (except for decorative items within his unit); and, nothing
shall be placed on or in windows or dcors of units, which woold or might
create an unsightly appearance.
e. Restriction on Animals. No aninals of any kind,
including daresticated dogs or cats, livestock, rept.iles 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
pramlgated by the association.
f. Restriction on Sis.ns. No signs or advertising devices
of any nature shall be erected or mamtained on any part of the project
without the prior written consent of the board. The board shall peIlllit the
placing of at least one (1) sign of reasonable size and dignified fonn to
identify the project and the condaninium units therein. So long as any
condaninium unit owned by Declarant in the projects remains unsold, no
owrer shall be permitted to place any sign on the project or on his unit or
on any building advertising his condaninium unit for sale or lease.
g. No Violation of Rules. No owner and no owner's guests
shall violate the rules and regulations adopted frrrn tine to tine by the
association, whether relating to the use of units, the use of general or
limited ocmron e1ell'el1ts or otherwise.
h. Oomer Caused Damages. If, due to the act or neglect of
an C1dl1er or such owner's guests or family, loss or damage shall be caused
to arrj person or property, including the project or any unit therein, such
owner shall be liable and responsible for the sane 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 arrount of such loss or damage may be
collected by the association fran such owner as an assessment against such
owner by legal prooeedj ngs or otherwise, and such arrount (including
reasonable attorney's fees) shall be secure<'! by a lien on the condaninium
unit of such owner as provided hereinabove for assessments or other
charges.
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i. Parking of Vehicles. Parking of any am all vehicles on
the project shall be subject to the rules and regulations of the
association.
j. Restrictions on Parking am Storage. No part of the
project, including the public streets and private streets, drives or
parking areas, unless ~cifically designated by the association therefor,
shall be used as a parking, storage, display or aCCU",u:lation ama for any
type of trailer, canping trailer, I:x:>at trailer, hauling trailer, running
gear, I:x:>at or accessories thereto, truck or recreational vehicle, except as
a tanporary eJqJedience for leading, delivery, mergency, etc. (provided
this restriction shall not restrict trucks or other ccmnercial vehicles
with the project which are necessary for the construction or maintenance of
the project). '
Determination with re~ct to whether a particular activity
or occurrence shall constitute a violation of this paragraph hventy-eight
('[28) shall be made by the board of diIect<;'rs and shall be final.
29. Association as Attorney-in-Fact - Damage and Destruction _
ctlsolescence. This Declaration does hereby make mandatory the irrevocable
appointment of an attorney-in-fact to deal with the project on its
destruction, repair or obsolescence.
Title to any condaninium unit is declared and expressly made
subject to the tenns and conditioos hereof, and acceptance by any grantee
of a deed fran the Declarant or fran any owner shall crnstitute appoint of
the attorney-in-fact herein provided. All of the owners irrevocably
constitute am appoint the association, their attorney-in-fact for the
FUrpclse of dealing with the project on its destructioo, repair or
obsolescence as is hereinafter provided. As attorney-in-fact, the
association, by its president and secretaJ:y, shall have full and CCIIplete
authorization, right am pc:IlrJer to make, execute and deliver any contract,
deed or any other inst:Iunent with re~ct to the interest of an owner which
is necessary and appropriate to exercise the rn;ers herein granted. Repair
and reconstruction of the inp:roveIlEI\ts as liERd in the succeeding
subparagraphs neans restoring the inprovarents to substantially the sarre
condition in which the inpI'O\>arents existed prior to the damage with each
unit and the general C"UllllJll elane:nts and limited Cumuli elane:nts having
substantially the sarre vertical and horizontal bounCl.aries 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,
restoration or replacement unless all owners am all first mortgagees agree
not to rebuild in accordance with the provisioos set forth hereinafter.
Assessments for cannon expenses shall not be abated during the
period of insurance adjustment and repair and reconstruction.
a. In the event of damage or destructioo to the project to
the extent of not llDre 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
inprovarents shall be applied by the association, as attorney-in-fact, to
such reconstruction; and the inprovarents shall be prarpt:ly repaired and
reconstructed. The association shall have full authority, right and power,
at attorney-in-fact, to cause the repair and restoration of the
inprovarents.
b. If the insurance proceeds are insufficient to repair and
reconstruct the inprovarents, and if such damage is to the extent of not
IlOre 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 prarpt:ly repaired am reconstructed by the
association, as attorney-in-fact, using the proceeds of insurance and the
proceeds of an assessment to be made against all of the owners am their
condaninium units. SUch deficiency assessment shall be a CCIlIlDn expense
and made pro rata according to each owner's interest in thP general cannon
elerrents and shall be due and payable within thirty (30) days after written
notice thereof. The association shall have full authority, right and
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, power, as attorney-in-fact, to cause the repair or restoration of the
inprovarents 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 condaninium unit and may be enforced and collected as is provided
hereinbefore. In addition thereto, the asscx::iation, as attorney-in-fact,
shall have the absolute right and power to sell the condauini:um unit of
any owner refusing or failing to pay such deficiency a3sessment within the
time provided; and, if not so paid, the association shall cause to be
recorded a notice that the condaninium unit of the delinquent owner shall
be sold by the asscx::iation, as attc:mey-in-fact. The p:rooeeds derived
frcm the sale of such condaninium unit shall be used and disblrsed by the
asscx::iation, as attorney-in-fact, in the following order.
(1) For payment of taxes and special assessment liens
in favor of any assessing entity.
first IlDrtgage.
(2) For payment of the balance of the lien of any
(3) For payment of unpaid camon expenses, including
the proration share of the deficiency assessment.
(4) For payment of junior mortgages and eIlC1.1Ilbrances
in the order of and to the extent of their priority.
the owner.
(5) The balance remaining, if any, shall be paid to
c. If the project is destroyed or damaged to the extent of
IlDre than sixty-six and two-thirds percent (66 2/3%) of the total
replacemi:'nt cost thereof, not including land, the board shall adopt a plan
for the repair and reconstruction of the project; and all ownerf' 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 IlDre of the general CanTOn elem2nts and at least seventy-five percent
(75%) of the first IlDrtgagees (based on one (1) vote for each first
IlDrtgage owned) vote not to adopt such plan within one hundred (100) days
after the damage or destruction. Th,e asscx::iation shall have the right
to use, in accordance with such plan, all proceeds of insurance for sud!
destruction or damages as well as the proceeds of an assesSlT1PJlt to be made
against all of the owners and their condaninium units. Any assessment made
in connection with such plan shall be a CanTOn expense and made pro rata
according to each owner's percentage interest in the general camon
elenents and shall be due and payable as provided by the terms of sud!
plan and not sooner than thirty (30) days after written notice thereof.
':fue asscx::iation shall have full authority, right and power, as attorney-in-
fact, to cause the repair and restoration of the inprovanents using all of
the insurance proceeds for sud! 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 condaninium unit and nay be enforced
and collected as is provided hereinabove. In addition thereto, the
asscx::iation, as attorney-in-fact, shall have the absolute right and power
to sell the condaninium unit of any owner refusing or failing to pay sud!
assessment within the time provided; and, if not so paid, the asscx::iation
shall cause to be recorded a notice that the condaninium unit of the
delinquent owner shall be sold by the asscx::iation. '!he proceeds derived
fran the sale of such condaninium unit shall be used and disbursed by the
asscx::iation, as attorney-in-fact, for the same purposes and in the sanE
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
IlDre than sixty-six and two-thirds percent (66 2/3%) of the total
replacarent cost therof, not including land, and if the owners representing
an aggregate ownership interest of seventy-five percent (75%) or IlDre of
the general camon eleroonts and at least seventy-five percent (75%) of the
first mortgagees (based on one (1) vote for each first IlDrtgage owned) vote
not to adopt a plan for repair and reconstruction, the asscx::iation shall
forthwith record a notice setting forth such fact or facts; and, on the
recording of such notice by the asscx::iation' s president and secretary, the
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entire rancll.ru.ng 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. 'I1'le
insurance settlenent proceeds shall be collected by the association, and
such proceeds shall be divided by the association ac=rding to each owner r S
interest (as such interests awear on the policy or policies); and such
divided proceeds shall be paid into separate accounts, each such account
representing one (1) of the =ndaninium unit. F.ach such account shall be
in the I1allE of the association and shall be further identified by the
condaninium unit designation and the I1allE of the owner. 'I1'lereafter, each
such account shall be SUWlerrented by the apportioned arcount of the
proceeds derived fran the sale of the entire project. SUch awortionnent
shall be based on each owner's percentage interest in the general u,a""UU
elenents. Tbe total funds of each account shall be used and dishIrsed,
without contribution fran one (1) account to another by the associaticn, as
attorney-in-fact, for the sarre purposes and in the sarre order as is
provided in subparagraph b. (1) throUJh (5) of this paragraph. 'I1'le
provisions contained in this subparagraph shall not hinder the protection
given to a first mortgagee under a mortgagee cndorsanent.
e. Tbe owners representing an aggregate ownership interest
of seventy five percent (75%) or more of the general CCII1IDn elerrents may
agree that the general CCII1IDn elenents are obsolete and adopt a plan for
the renewal and reconstruction provided the plan shall have the awroval of
seventy-five percent (75%) or more of the first mortgagees of record at the
tiIre 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 C."""IUll expense, whether or not they have previously consented to the
plan or renewal and reconstruction. 'lbe association, as attorney-in-fact,
shall have the absolute right and power to sell the condaninium unit of any
owner refusing or failing to pay such assessment within the tiIre provided;
and, if not so paid, the association shall cauSE' to be recorded a notice
that the condaninium unit of the delinquent owner shall be sold by the
association. Tbe delinIuent 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 anount of the assessment
and all reasonable attorney's fees. Tbe proceeds derived fran the sale of
the condaninium unit shall be used and disbursed by the association, as
attorney-in-fact, for the sarre purposes and in the sarre order as is
provided in subparagraph b. (1) through (5) of this paragraph.
f. 'lbe owners representing an aggregate ownership interest
of seventy-five percent (75%) or more of the general camon elatents may
agree that the condaninium unit are oosolete and the sarre should be sold.
SUch plan (agI~'~lt) must have the unaniJoous a{:proval 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 sudl
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 Declaraticn, the
map, the articles and the bylaws. Tbe sales proceeds shall be awortioned
between the owners on the basis of each owner I s percentage interest in the
general camon elenents, and such awortioned proceeds shall be paid into
separate accounts, each such account representing one (1) condaninium unit.
Each such account shall be in the I1allE of the association and shall be
further identified by the condaninium designation and the I1allE of the
owner. Frcm each separate account, the association, as attorney-in-fact,
shall use and disOOrse the total annmt (of each) ~ of such accounts without
contribution fran one (1) account to another for the sarre purposes and in
the sarre order as is provided in subparagraphs b. (1) through (5) of this
paragraph.
30. Condemnation.
a. Con~s of Condemnation. If, at any time or tiIres
during the continuance 0 condaninium ownership p1rSUant to this
Declaration, all or any part of the project shall be taken oandamed by any
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public authority or sold or othe:::wise disposed of in lieu of or in
avoidance thereof, the provisions of this paragraph thirty (~30) shall
apply.
b. P:roceeds. All catpensation, damages or other proceeds
therefrcrn, the sum of which is hereinafter called the "oondemnation award",
shall be payable to the association.
c. Crnplete ~. In the event the entire project is
taken or condemned or sold or erwise disposed of in lieu of or in
avoidance thereof, condaninium ownership pursuant to this Declaration shall
tenninate. '!he condemnation award shall be apportioned aJIOl'lg the owners in
pn:.portion to their respective undivided interests in the general Cum,:)"
elenents, provided that, if a standard different frcrn the value of the
project as a whole is enployed to measure the condemnation award in the
negotiation, judicial decree or otherwise, in determining such share the
sarre staOOard shall be enployed to the extent it is relevant am
applicable.
d. Partial Taking. In the event less than the entire
project is taken or oondemned or sold or otheIWise disposed of in lieu of
or in avoidance thereof, the oondaninium ownership hereunder shall not
tenninate. 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 am::mg catpensation, damages am other proceeds and shall
apportion the anounts so allocated aJIOl'lg the owners as follows:
(1) The total anount allocated to taking of or injury
to the general catIl'On e1.enents shall be apportioned anong the owners in
pn:.portion to their respective undivided interests in the general UAIIIL>11
elarents.
(2) The total anount allocated to severance daImges
shall be apportioned to those condaninium units which 1Nere not taken or
condemned.
(3) The respective anounts allocated to the taking of
or injury to a particular unit am/or implXl\lell'ents an owner had made within
his own unit shall be app:>rtioned to the particular condaninium unit
involved.
(4) The anount allocated to ccnsequential damages am
any other takings or injuries shall be apportioned as the association
determines to be equitable in the circumstances.
If an allocation of the oondemnation award is already established in
negotiation, judicial decree or otherwise, in allocating the condemnation
award, the association shall enploy 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 am their first II'Ortgagees.
e. Distribution. 'lbe association shall, as soon as
practicable, determine the share of tlle oonderm1ation award to which each
owner is entitled. SUch shares shall be paid into separate accounts am
disbursed as soon as practicable, provided, in the event of a cx:Ilplete
taking, such distribution shall be made in the same manner as is provided
in paragraph twenty-nine ('I!29)b. of this Declaration.
f. M:)rtgagee Notice. The association shall give t.:inEly
written notice to each first II'Ortgagee of the UAlll.el1cement of any
oondemnation or eminent danain proceedings and shall notify the first
II'Ortgagees in the event of the taking of all or any part of the general
ccmron elarents.
g. Reorganization. In the event a partial taking results
in the taking of a cx:Ilplete unit, the owner thereof autanatically shall
cease to be a meni:ler of the association1 am such owner's interest in the
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general 0CIlm:)I1 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 assessrrent
ratio determined in accordance with this Declaration according to the sane
principles enployed in this Declaration at its inception and shall sul:Ini.t
such reallocation to the owners of renaining condaninium units for
amendrrent of this Declaration as provided in paragraph thirty-a1e ('J!31)b.
hereof.
31. Miscellaneous.
<l. Duration of Declaration. All of the provisions
contained in this Declaration shall continue and ranain in full force and
effect until conkminium ownership of the project and this Declaration are
terminated, revoked or aJrended as hereinafter provided.
b. 1mmdment and TenninatiQll. Any provision contained in
this Declaration my be anended or additional provisions my be added to
this Declaration and condaninium ownership of the project may be terminated
or revoked by the recording of a written instrurrent or instrurrents
specifying the arrendrrent 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 condaninium
units representing an aggregate ownership interest of seventy-five percent
(75%), or rore, of the general camcn elements and first mortgagees wlnse
liens encuni:ler an aggregate ownership interest of seventy-five percent
(75%) or rore of the general ",",IIlUlI elements (except no provision of this
Declaration requiring the awroval or consent of rore than seventy-five
percent (75%) of such first IlDrtgagees may be anended without the consent
of at least the min.immt rn.mt>er of first rortgagees whose awroval or
consent is required under such provision) provided, ha;ever, in no event
shall the undivided interest of an owner in the general camon elements be
decreased without the unanim::lus consent of each owner and each first
rortgagee and provided, further, so long as Declarant continues to own one
(1) or Bore condaninium units, which he is holding for rental or sale, no
right of Declarant contained in this Declaration may be anended or m:xlified
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 anendJrent to this Declaration, notify all first rortgagees of record of
such arrendment.
c. Effect of Provisions of Declaration. Each provision of
this Declaration and an agreement, pranise, covenant and undertaking to
carply 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:
(1) be deened incorporated in each deed or other
inst:runent by which right, title or interest in the project or in any
condaninium unit is granted, devised or conveyed, whether or not set forth
or referred to in such deed or inst:runent;
(2) by virtue of acceptance of any right, title or
interest in the project or in any condaninium 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 bin:l.ing on such owner and such
owner's heirs, personal representatives, ,successors and assigns and shall
be deared a personal oovenant to, with and for the benefit of the
asscciation and not to, with or for the benefit of any other nonaggrieved
owner;
(3) be deared a real covenant by Declarant, for
itself, its successors and assigns and also an equitable servitude ronning,
in each case, as a burden with and on the title to the project and each
condaninium unit and, as a real covenant and also as an equitable
servitude, shall be deared a covenant and servitude for the benefit of the
project and each condaninium unit; and
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(4) be deer!Ed a covenant, obligation and restriction
secured by a lien in favor of the association burdening and encurrtlering the
title to the project and each =ndaninium unit in favor of the association.
d. Protection of Encumbrancer. Subject to the provisions
of paragraph twenty-seven ('[27) above, no violation or breach of or failure
to carply with any provision of this Declaration and no action to enforce
any such provision shall affect, defeat, render invalid or inpair the lien
of any first mortgage or other lien on any =ndcminium 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 instl:unent describing the condaninium unit and
listing the name or names of the C1tIIler or C1tIIlerS of fee sinple title to the
condaninium unit and giving notice of such violation, breach or failure to
carply: nor shall such violation, breach, failure to carply or action to
enforce, affect, defeat, render invalid or inpair the title or interest of
the holder of any such first mortgage or otrer lien or the title or
interest aCXJUired 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. AIry such purchaser on foreclosure shall,
however, take subject to this Declaration provided, however, that violation
or breaches of or failure to catply with any provisions of this Declaration
which occurred prior to the vesting of fee sinple title in such purchaser
shall not be deened breaches or violations hereof or failures to carply
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 SUWlement to the Corxlaninium Omership J\ct of the
State of Colorado and to all other provisions of law.
f. N\mtJcrs and Genders. vtlenever used herein, unless the
context. shall otherwise provide, the singular IlUIliJer shall include the
plural, the plural, the singular and the use of any gender shall include
all genders.
g. ~istration by ()mer of Mail~ Mlress. Fach owner
shall register his maJ.ling address with the assoc ation and except for
monthly stat.e!lEnts 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 sexved on the board of directors of the association
or the association shall be sent certified nail, postage prepaid, to
[ ] at [ ]
agent for sexvice, until such address is chaIv,}ed by a notice of address
duly recorded with the office of the Secretary of State of Colorado.
h. Successors in Interest. 'lbis 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 m whole or in part shall affect the validity
or enforceability of any otrer 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 =nsidered in =nstruing 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.
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1. Sales and Construction Facilities and Activities
of Declarant. Notwithstanding any provision to the contrary contained
herein, Declarant, its agents, enployees and contractors shall be permitted
to maintain during the period of any construction and/or sale of the
condaninium 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 condaninium units, including without
limitation, a business office, storage area, construction yaros, signs,
!1Ddel units, sales office, construction office, parking areas and lighting
and teIlp:>rary parking facilities for all prospective tenants or purchasers
of oandaninium units. In addition, Declarant, its agents, enployees 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 condaninium
units for the purpose of any required or desired refw:bishnent,
construction, maintenance or repair to such units or the building or any
part thereof.
m. Rule 1\gainst PeJ:petuities. 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 contirme only until hlenty-one (21) years after the
death of the survivor of the I1OW' living descermmts of the President of the
United States, Ronald Reagan and Governor of Colorado, Richard Ianrn.
32. Recreational Facilities. '!he recreatiCl'lal. facilities of the
project, which include a jacuzzi pool, shall be subject to any rules and
regulations prtmllgated by the associationr and sane shall be available for
the use of all owners and their guests.
33. New 1\ddi.tions of General Camon Elements and Limited
Camon Elements. 'l11e Declarant does not intend to make any major additions
of general or limited '-"""VII elements. If the association subsequently
detennines to make any such additions, however,
a. each owner 1II'OOld be responsible for his peroentage of
any increase in ClCIlIIOn expenses created thereby.
b. each owner 1II'OOld own, as a tenant in l-'U1I1..... with the
other owners, an undivided percentage interest in the new additions in
accordance with the interest set forth on Exhibit "1" attached hereto.
c. each owner's relative percentage interest in the
existing general and limited <"'UlIIVII elements 1II'OOld be unaffected by such
additions, and
d. each owner's voting interest in the association would be
unaffected by the additions.
34. Certificate of ldenti~ There shall be recorded fran time
to time a certificate of identity whi shall include the addresses of the
persons then CCIIprising the manage1TeI1t body (directors and officers)
together with the identity and address of the managing agent. SUch
certificate shall be conclusive evidence of the infornation contained
therein in favor of any person relying thereon in good faith regardless of
the tinE elapsed since the date thereof.
35. Personal Use Restriction. An owner's personal use of his
unit shall be restricted to not IlDre than fourteen (14) days during the
seasonal period of December 18 - March 20. This seasonal period is
hereinafter referred to as "high season". "()mer'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
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postponed or which nake the unit unrentable. This restriction shall not
preclude the c:xx:upancy of the unit by a ledge manager or staff €llployed by
the ledge. This restriction has been inp:>sed 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.
36. AsseSSlleIlt for Violation of Personal Use Restriction. A
violation of the owner's personal use restriction by a unit CMI'ler as such
personal use restriction as defined in paragraph thirty-five ('lf35) above,
shall subject the owner to a daily assesSlleIlt by the association of three
(3) t:iJres the daily rental rate for the unit as such rental rate is at the
t:iJre of the violation. This assesSlleIlt shall be due and aring fJ:all the
t:iJre of violation. '.!he asseSSlleIlt, when paid, shall be deposited in the
general fund of the condaninium association and shall be used to upgrade
and repair the v.A1UUJ. elanents of the condaninium. All sums assessed
against an CMI'ler for violation of an owner's personal use restriction and
UJllaid shall constitute a lien for the benefit of the caldaninium
association on that owner's unit, which lien IlBY be evidenced by written
notice placed of record in the office of the Clerk and Recorder of Pitkin
County, Colorado, and IlBY be collected by foreclosure on an owner's
condctnini.um unit by the association in like manner as a IlOrtgage or deed of
trust on real prcperty. In the event the association fails to enforce the
owrer's personal use restriction, the City of Aspen shall have the right to
enforce the restriction by the assesSlleIlt, 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 assessuent
for violation. In the event of litigation resulting fJ:all the enforcarent
of this personal use restriction, as part of its award to the prevailing
party, the court shall award such party its court costs togetrer with
reasollilble attorney's fees incurred.
37. Annual ~ to City. '.!he City of Aspen shall have the
right to require fJ:all association an annual report of CMI'ler'S personal
use during high season for all the condaninium units.
38. El1p~ Unit. [Unit ] of the condaninium
shall be utilized on Y for use as €llployee hwsing, as such is defined and
regulated by the City of Aspen Housing Authority.
39. Main Condaninium Pro' ect as a rod
Declarant, for ltself and ~ts successors rn rnterest, a ledges
that by virtue of the establishm=nt of this lodge condaninium project as a
"Condaniniumized Lodge" pursuant to the provisions of S 20-23 of the
Municipal Ccx.'Ie of the City of Aspen, Colorado, adcpted by 1\1rendrnent to
Chapter 20 of the rode denaninated Ordinance No. 14 (Series of 1980) (this
Cede section is hereinafter referred to as "the ILJdge Condaniniumization
Ordinance"), use and maintenance of the CCII1lOn elements are restricted by
the provisions of the ILJdge Condaniniumization Ordinance and these
restrictions are set forth in this paragraph thirty-nine ('][39), use of the
units is restricted by the ILJdge Condaniniumization OrdinaIx:e which
restrictions are set forth above in paragraphs thirty-five ('1135) and
thirty-six ('136) and this paragraph thirty-nine (,39); maintaining the
condaninium project as a ledge facility is required by the lodge
Condaniniumization Ordinance, as is set forth in this paragraph thirty-nine
('I!39); and, availability of the units to the general tourist market is
required by ILJdge Condaniniumization Ordinance as set forth in paragraph
thirty-five ('Il35) above and in this paragraph thirty-nine ('1139).
a. 01 site managarent required by City is for the benefit
of the individual unit ONner should the owner desire it, but any owner is
free to obtain his own manager for his specific li."lit.
b. '!he units shall ranain in the short-teJ:m rental market
to be used as taliX>rary accarmodations available to the general tourist
market. This condition l1'ay be net by inclusion of the units, at CCIl1;arable
rates, in any local reservation system for the rental of ledge units in the
City of Aspen, Colorado. Paragraph thirty-five ('1135) above sets forth the
restriction relative to a unit owner's personal use of a unit.
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c. The association shall provide on-site managerent and
maintenance and other tourist aCX^-llllodation services for the management and
cperation of the 0CIIIIDl1 elerrents and for the canpliance with the provisions
and restrictions of the IDdge CorXlaniniumization Ordinance, consistent in
quality and quantity to those provided by the Awlejack Inn as of the date
of this Declaration. Specifically, the following mi.ninum tourist services
shall be provided by the Association or contracted for by the Association
in order to ccnply with the requirarents of the Lodge Condaniniumization
Ordinance, all of which services shall be deemed condaniniml ccmnon
expenses:
(1) on-site management frail 8:00 a.m. to 10:00 p.m.
seven days a week bet\oleen Dec:eIlOOr 1 and March 31, and bebieen June 1 and
SepteItber 15 of each year;
(2) twenty-four (24) 00ur services on call between
Decaltler 1 and March 31, and reoieen June 1 and SeptaIiJer 15 of each year;
(3) a buffet breakfast of baked goods, juice, cereal,
coffee, yoiJurt and the like, bet:ween December 1 and March 31, and between
June 1 and SepteItber 15 of each year;
(4) the follCMing aroonities shall be available to the
lodge guests: roffet breakfast (during high season only), jacuzzi pool,
cable television, lctby UAlllo01, area, telephone in rocm
(5) front desk service be~ 8:00 a.m. and 10:00
p.m. seven days per week bet\oleen Decaltler 1 and March 31 and beOiOC!l JUne 1
and SeptaIiJer 15 of each year, which service shall include check-in, key
pick-up and check-<n1t;
(6) maid service for the lodge guests on a daily basis
between December 1 and March 31 and bet10een June 1 and SepteriJer 15 of each
year.
d. The (.'UlIlIJ.ll areas of the candaninium project shall ranain
canron areas and the condaninium project shall be maintained in a manner
consistent with its character as of the date of this Declaration. kry
changes, alterations or rerovations made to 0CIIIIDl1 areas shall rot diminish
the size or quality of the CCIlIlOn areas.
e. In order to ccnply with the provlSl.Ons of the Lodge
Condaniniumization Ordinance, the Declarant agrees for itself and its
successors, grantees and assigns that the personal prcperty, furniture and
fixtures (including, but not liJnited to furniture, fixtures, decorations,
wall surfacing, window covers, bathrocm fixblres and carpeting) contained
within each unit shall be maintained in a unifonn, first-class condition
CCIlIparable to such condition as of the date of this Declaration. The board
of managers of the association shall decide when and how such personal
prcperty, furniture and fixtures shall be maintained and/or replaced and
the respective unit owners shall canply with such decisions of the board.
The board shall notify a unit owner of any such decisions and such unit
ChII1er shall have thirty (30) days within which tc CUlIreIlce ccnpliance with
such decisions, and full canpliance shall be made within the ensuing sixty
(60) day period. Payment for the maintenance and replacement of such
furniture, fixblres and personal property within the units shall be the
responsibility of each respective unit owner. '!be association shall rot be
responsible for such payme>nt and the ccmnon 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 ccnply with the decisions of the board, as required by
this paragraph thirty-nine ('J[39)e., the association may replace and/or
maintain the said furniture, fixtures or personal property within a unit in
order to maintain such unifoDl\ and first-class condition. In such event,
the unit owner shall reilrtJurse the association for all llDIlies expended
thereby, including a service charge in the anount of twenty percent (20%)
of such llDIlies expended, within three (3) days of delivery of notice to the
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unit owner of SUch monies expended by the aSSOciation on behalf of the unit
~r. In the event a unit ~r does not so timely reilrburse the
asSOciation, the amount shall be deemod an UIlpaid special assesSllent in
default and the aSSOciation shall have a lien on the unit foxeclosable
~t to the Provisions contained in paragraph ~ty-five ('1I25) above.
f. In order to canply with the Provisions of the IDdge
Condaniniunization Ordinanoe, and in order that the COIld:.Ininium project nay
be maintained in a first-Class lodge facility as contatplated by the IDdge
Condaniniunization Ordinanoe, the Declarant agrees for [herself] and [her]
sucx:essors in interest, that the fOllcw.l.ng ~ts Will be catplied
With:
(1) If a unit ~r desires to sell a unit, the
showing of the unit to P:t'OSpective P\1rChasers shall be done through the
appointment With the front desk mana9E!llent only, in order that any lodge
guests in the unit shall not be inCOllVen.ienCed.
(2) A unit owner's choice of days to be utiliZed for
personal use during any given high Beason (subject to the restrictions
contained in paragraph thirty-five ('J[35) above) shall be delivered in
writing to the board of managerS prior to the first day of JI11.y Preceding
COlInencement of each high Beason.
g. 1be failure to carply With any ProviSion of this
paragraph thirtY-nine ('139) or an action to enforce any SUCh ProviSion
shall not in any way inpair the lien of any mortgage, deed of tIUst or
other lien on any oondaninium unit taken in gOOd faith and for Value and
perfected by recording in the office of the Camty Clerk and Recorder of
Pitkin County, Colorado, prior to the time of recording in said office of
an inst.runent describing the condaninium unit and list.in] the name or names
of the ~r or owners of fee sinple title to the oondaninium unit and
giving notice of the failure to catply. The failure to catply or an action
to enforce shall not :inpai.r the title or interest of the holder of any such
mortgage, deed of trust or other lien or the title or interest a~red by
any purchaser uron foreclosure of any SUch mortgage, deed of trust or other
lien and shall not reSUlt in any liability, personal or otheJ:wi.se, of any
such hOlder or P\1rChaser. Any such purchaser on foreclOSUre shall,
~ver, take subject to this Declaration except only the violations or
breaches of, or failure to carply With, any Provisions of this paragraph
thirtY-nine ('1I39) which OCcurred prior to the vesting of fee sinple title
in SUCh purchaser shall not be deeood breaches or violations hereof or
failures to carply herewith With respect to such purchaser or his
successors in interest.
40. TinE Shar.inc;z. Subject to aWlicable 9OveJ:'"'~ltal
regulations, timesharing or other similar, legally I'eOJgniZed tiJnc span or
fractional fee ~rship interests shall be pennjtted in the Applejack Inn.
IN wrlNESS WHERmF, Declarant has duly executed this Declaration this
day of , 198 (2) .
mR CORPoRATICN
By
PRESmEr..'T
By
~
STATE OF CClLORADo)
) ss
CXUny OF PI'l'KIN )
The foregoing inst:.runent was acknowledged before me this _ day
of , 1983, by as PreSident, and as
Secretary of TOO Corroration, a Wisconsin corroration.
WI'lNESS my hand and official seal.
My C.amti.ssion expires:
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MEMORANDUM
TO:
C~y AttO, rney
~y:y Engineer
~uilding Department
PLANNER:
colette Penne
RE:
Condominiumization of the Applejack Lodge
DATE:
June 23, 1983
Attached is an application submitted for the condominiumization of
the Applejack Lodge, located on Lots ~ of D, E, F, G, H, and I,
Block 45, City and Townsite of Aspen.
please review the materials and return your comments to the Planning
Office by July 5 so that we may prepare for its presentation at the
July 19 City P&z.
Thank you.
A TITLE INSURANCE AGENCY
June 17, 1983
The Planning Office of the
City of Aspen
City Hall
Aspen, Colorado 81611
This is to certify that a search of the records in the office of
the Clerk and Recorder of the County of Pitkin, State of Colorado,
reveals that the owner of the Applejack Inn is Tor Corp., a Wisconsin
Corporation, and that said Applejack Inn is situate upon the following
described property:
The East one-half (E~) of Lot D
All of Lots E, F, G, H and I
Block 45
CITY AND TOWNSITE OF ASPEN
Aspen Title Company, Ltd.
~ Z'/ ~?J
By
Vice-President
530 E. Main Street Third floor
Aspen, Colorado 81611 303 825-4444
.
l-u, fkr- r f ~
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RECOflO OF PflOCEEOINGS
100 leaves
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ORDlN1\NCE NO. JL
(Series of 1980)
AN ORDIN1\NCE AMENDING SEC'l'ION 20-3 (s) (2) OF THE MUNICIPAL CODE OF
THE CITY OF 1\SP.EN BY REQUIRING SUBDIVISION 1\PPROVAL FOR THE
RESUBDIVISI0t1 OF AN H1PROVEMENT l'iHICH HAD PREVIOUSLY COMPLIED IHTH
TilE PROVISIONS OF CH1\P'l'ER 20 OF THE MUtnCIP1\L CODE OF THE CITY OF
ASPEN; 1\HENDING SECTION 20-9(c) OF THE HUNICIPAL CODE OF THE CITY
OF ASPEN BY DELETING THE PROHIBITION AGAINST THE SUBDIVISION OF
NON-CONFORMING STRUCTURES; AND ADOPTltlG 1\ NEW SECTION 20-23 TO 'rilE
MUNICIPAL CODE .OF THE CITY OF ASPEN WHICIl \HLL ALLOW FOR TilE
CONDOMINIUMIZATION OF LODGES
~IlEREAS, the Planning and Zoning Commission has recon~ended
that the provisions of Sections 20-3(5)(2) and 20-9(c) of the
Municipal Code of the City of Aspen and the adoption of a new
Section 20-23 to the Municipal Code of the City of Aspen, all for
the benefit of the City of Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TilE
CITY OF ASPEN, COLORADO:
Section 1
That Section 20-3(s)(2) of the Municipal Code of the City of
Aspen shall be amended to read as follows:
(2) A tract of land inCluding land to be used for condo-
miniums, apartments or any other multiple dwelling
units, or for time-sharing dwelling units; or
Section 2
That Section 20-9(c) of the Municipal Code of the City of
Aspen shall be amended to read as follows:
(e) No subdivision of land shall be approved which includes.
elements not ih conformance with the provisions of any
applicable zoning ordinance or other ordinance of the
City of .Aspen or law or regulation of the State of Colo-
rado. It is the intent of tllis section to allow the
condominiumization of lodges which may be either non-
conforming structures or uses.
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RECORD OF PROCEEDINGS
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Section 3
That Chapter 20 of the Municipal Code of the City of !\spen
shall be amended by the adoption of a new Section 20-23 which
shall read as follows:
Sec. 20-23. Condominiurnization of Lodges.
(a) Requirements. Any applicant seeking condominiumization
of a lodge (for the purpose of this section, a Lodge is
defined as a building containing three (3) or more units
intended for temporary occupancy of guests in addition
to other requirements set forth in Chapter 20 of th~
Aspen City Code (the Aspen, Colorado, subdivision r~gu-
, lations). shall comply with the following requirements:
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(1) The condominium units created shall remain in the
short-term rental market to be used as temporary
accommodations available to the general public. It
shall constitute prima facie evidence that the
applicant has complied with this paragraph if a
condominium declaration for the condominium sought
to be created shall be filed in the records of the
clerk and recorder of Pitkin County, Colorado"
which shall provide, intcralia:
(a) An owner's personal use of his unit shall be
restricted to fourteen (14) days or less
during the seasonal period of December 18
through March 20. This seasonal period is
hereinafter referred to as "high season".
"OWner's pcrsonal use" shall be defined as
owner occupancy of a unit or nonpaying guest
of the owner or taking the unit off the rental
market during the seasonal periods referred to
herein for any reason other than necessary
repairs which cannot be postponed or \vl1ich
.make the unit unrentable. Occupancy of a unit
by a lodge manager or staff employed by the
lodge, however, shall not be restricted by
this section.
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(b) A violation of the owner's personal use
restriction 'by a .unit owner shall subject the
owner to a daily assessment by the condominium
association of three (3) times the daily
rental rate for the unit, at the time of the
violation, which assessment, when paid, shall
be deposited in the general funds of the con-
dominium association for use in upgrading and
.repairing the COl1unon elements of the condO-
minium. All sums assessed against an owner
for violation of the owner's personal use
restriction and unpaid shall constitutc a licn
for the bcncfit of thc condominium association
on that owncr's unit, which licn shall bc
evidcnced by written noticc placed of record
in thc officc of the clcrk and rccordcr of
Pitkin County, Colorudo, und JIlay be collected
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RECORO OF PROCEEOINGS
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by foreclosure on an molner's condolitinium unit
by the association in like manner as a mort-
gage or deed of trust on real property. The
condominium association's failure to enforce
th" owner's personal use restriction shall
give the City the right to enforce the
restriction bY' the assessment and the lien
provided for hereunder. If the City enforces
the restriction, the City shall receive the
funds collected as a result of the assessment
for the violation. In the event litiyation
results from the enforcement of the restric-
tion, as part of its reward to the prevailing
party, the court shall award such party its
court costs together with reasonable attor-
ney's fees incurred.
(c). The City shall have the right to require from
the condominium association an annual report
of owner's personal use during high season for
all the condominium units.
(2) A lodge that is condominiumized shall provide a
minimum of two (2) pillows of employee housing or
that amount of employee housing that has been pro-
vided for three (3) years prev ious to the time of
condominiumization, whichever is greater. As used
herein, "pillow" means sleeping accommodations for
one (l) person. .
(3) A' condominiumized lodge shall provide on-site Inan-
. , agement and maintenance and other tourist accommo-
dation services consistent in quality and quantity
to those provided during the high seasons for the
three (3) years previous to the time of a~plication
when the property was operated as a lodge. Any
condominiumized lodye shall provide or contract for
on-site management from 8:00 a.m. to 8;00 p.m.
seven (7) days a week during high season. A condo-
miniurnized lodge shall provide or contract for on-
eall services twenty-four (24) hours a day, main-
tenance of the grounds, conunon elements and emer-
gency unit repair consistent with those provided by
the lodye -( or the three (3) years prev i.OllS to the .
time of applicat ion when the property ~las operated
as a lodge. At the time of application, applicant
shall provide a sworn and notarized affidavit stat-
ing what services were provided for the three (3)
years previous to the time of application. This
affidavit shall address:
(a) whether breakfast has been provided,
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(b) whether there has been front desk serving the
gues ts,
(c) what kind of and to what 'extent transpor.tation
has been prov ided to gues ts ,
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(d) what have been the check-in hours and pro-
cedures,
.
(e) what amenities have been available to guests,
and
(f>' any other relevant information regarding on-
site management, maintenance and other tourist
accommodation services provided by the lodge.
4. The condominium units shall remain available to the
general tourist market. This condition .nay be met
by-inclusion of the units of the condominium, at
comparable rates, in any local, reservation system
for the rental of lodge units in the City of Aspen.
5.
The COlnmon ar~as of the lodge shall rerilain cOlruL\On
areas and be maintained in a manner consistent with
its previous character. Any changes, alterations
or renovations made to co~non areas shall not
'diminish the size or quality of the co~non areas.
6. The lodge shall be physically upgraded as a result
of the condominiumization either by applicant's
fulfilling the requirements set forth in subpara-
graph (a), infra, or in the alternative by appli-
cant's compliance with subparagraph (b), infra, as
follows:
(a) An amount equal to thirty percent (30%) of the
assessed value of the property, as condoQin-
iumized, is appl ied to the upgrad ins of the
lodge facility pursuant to plans submitted to
. and approved by the City Building Ins~ector
within nine (9) Qonths of condor.liniumization
approval and.the upgrading is completed within
twelve (12) months after the building permit
for such upgrading is issued.
(b)
The applicant demonstrates in the sole judg-
ment and discretion of the City Council that
funds previously expended by the applicant
have upgraded the lodge to a high enough qual-
ity so as to lllake further upgradiny unneces- .
sary as a condition to condollliniumization and
that the upgrading done previous ,to the condo-
miniumization will allow the condominiumized
lodge to continue to accomaodate its clientele
in a manner cons is tent Hith or better in qual-
ity than the accommodation provided previous
to condominiumization; or the applicant pre-
sents to the City Council a plan for upgrading
the lodge in phases and the plan is approved
by the City Council and implemented in accord-
ance \~ith their approval. City Council's
approval to such plan may. be granted or with-
held in accordance with its sole judgment und
discretion. Due consideration shall vC given
b~ City Council to the fact that the lodges of
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RECORD OF PROCEEDINGS
lOa Leaves
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.1\spcn attract clientt~le froll\ diverse economic
sectors, certain lodges catering to certain
sectors, and the intent herein is not to
create a uniformity in lodge character and
roles but instead to upgrade the phys ical
appearance and facil ities that each lodge
provides.
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(b) Applicability. All conditions set forth within this
ordinance shall be made binding on the applicant, the
applicant' s successors, he irs, personal representatives
and assigns and shall govern the property which is the
subject of the application for the life of the survivor
of the 'present City Council of Aspen plus tHenty-one
(21) years. A condominiumization of a lodge pursuant to
this section shall be modified only by the written
agreement of the City Council and the owner or owners of
the condominiumized lodge property. The documents cre-
ating and gover.nin':J the condominium shall be mod if ied by
the condominium owners only witl) the prior written
approval of the City Council.
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(c) Procedure. Condominiumization of an existing lodge
shall be accomplished pursuant to the exception or
exemption process rather than through full subdivision
review. The applicant shall provide the following dOCU-
mentation to the City at the time of application for
condominiumization of a lodge:
(1) Proof of ownership.
(2) Improvement survey for the property.
(3) Site inventory for.the property indicating in
detail the actual configuration of the lodge facil-
ity, the common areas and the locatiop of any amen-
ities serving the lodge.
(4) Draft of proposed condominium documents including
condominium declaration, articles of the condo-
miniwn association and bylaws.
(5) Affidavit of services provided as is called for in
paragraph (a)(3) supra.
(6) Designation and description of employee units.
(7) Plan of improvements to be made to the property
along with estimated costs therefor.
'Section 4
If any of the provisions of this ordinance or any Section,
paragraph, sentence, clause phrase or word or the application
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RECOI1D OF PI10CEEDINGS
100 Leavos
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the application af any such provision, parayraph, sentence,
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clause, phrase or word in any other circumstances shall not be
affected thereby.
Section 5
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on the ordinance shall be held on the-rO
, 1980, at 5:00 P.H. in
A public hearing
day of ~~
the City council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published
as provided by
'/~day of
law by
the
City Council
a~
,
of the City of Aspen on the
, 1980.
H.rm~-/d
\
. Mayor
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ATTEST:
~"'~
City Clerk
FINALLY adopted, passed and approved on the c;?8 day of
~~-'/ ' 1980.
.H.'~~~
Mayor
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ATTEST:
.~ J-~
City Clerk
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RECORD OF
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."AbrOftD ru_Ll.tUNC C':D., IDI:"VJ;"
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STATE OF' COLORADO )
) ss
COUNTY. OF' PITKIN )
CERTIFICATE
0'
~r ~athryn S. Koch, City Clerk of Aspen, colo~ado,
.'
do hercb~ certify that the above and foregoing ordinance was
introducc~. read in full, and passed on.~~-
/J
readinq at a regular meeting of the City Council of the
city of. ltSpe.n on. ~ ///- , 19Jt2, and published
in the As~n Times a weekly newspaper of general circul-
ation, F~lished in the City of Aspen, Colorado, i~ its
.issue;;'f ~ 17 .. ., 19 F~ and was finally
I ,
andapErcved at a regular meeting of the city Council on
'/2 ,;,. . .tJ.
~A75
-. Ordinance :No. /7'
provided: by' law.
adopted
, 19~
and ordered published as
. Series of
19.R?
of said City, as
IN'mLTNESS WHEREOF, I have hereunto set my hand and
the seaI, of said city of Aspen, colorado, this ~~
day of
. ~tayo
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Kathyrn S.t/Koch, City Clerk
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Deputy City Clerk
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MEMORANDUM
TO:
Aspen City Council
FROM:
Colette Penne, Planning Office
RE:
Reinstating the Applejack as an L-3 Lodge
DATE:
August 8, 1983
The applejack Lodge was originally reviewed and recommended for
rezoning as one of the many non-conforming, older lodges in town
that through a class action rezoning were zoned L-3. Due to the
uncertainty of a change i'n ownership, the Applejack requested
through Ordinance 4, Series of 1983 that the rezoning not apply to
them at that time. Now that the sale of the lodge is complete,
the new owners do wish to be included in the list of L-3 lodges.
Since the Applejack was reviewed for rezoning to L-3, we see no
reason for a full rezoning review. The attached ordinance will
simply repeal Ordinance 4 which removed the Applejack from the
L-3 list, thereby reinstating it as an L-3 lodge.
As was discussed at the prior meeting, Ordinance 4 should be
repealed since a change of zoning should not be enacted through
deletion from a list. The passage of this ordinance (Ordinance
37) will rectify the earlier incorrect action.
Council Action
You approved Ordinance 37 at your July 25 meeting. The appropriate
motion is:
"I move to adopt Ordinance 37, Series of 1983."
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STATEMENT OF EXCEPTION FROM THE FULL SUBDIVISION PROCESS
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FOR THE PURPOSE OF CONDOMINIUMIZATION OF AN EXISTING LODGE
WHEREAS, ASPEN ACCOMMODATIONS, INC., a Colorado
corporation and successor in interest to TOR Corporation, a
Wisconsin corporation, original applicant for this
subdivision exception, (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 Lot D, all of Lots E, F, G, H and I, Block 45,
City and Townsite of Aspen, having the street address of 311
W. Main St., Aspen, Colorado 81611, commonly known as the
Applejack Inn and to be known as The Aspen, a condominium,
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 commonly known as the Applejack
Inn and to be known as The Aspen, a condominium); and
WHEREAS, the Aspen Planning and Zoning Commission
at its meeting of August 16, 1983, 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 22, 1983, 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 known as the
Applejack Inn is proper and hereby grants exception from the
full subdivision process for such condominiumization and
hereby approves applicant's plan for condominiumization;
PROVIDED, HOWEVER, that the foregoing exception
and approval are expressly conditioned on the Applicant's,
its successors and assigns' strict compliance with the
provisions contained herein and all other binding conditions
, .
-lonx 458 FWJE825
of approval on this matter set by the Planning and zoning
Commission and/or the City Council, as are set forth below:
1. Applicant shall submit a condominium map
in the form of two (2) mylar sets which shows:
a. Individual units;
b. General and limited common elements;
c. Approval and recording certificate;
d. Existing utility meters;
e. Other items pertinent to condominium
approval;
f. On-site parking and its designation
either as general or limited common elements.
2. Applicant shall record the approved
condominium map.
3. In the event the City Council of the
City of Aspen determines that any municipal improvements of
a kind contemplated in S 20-16 of the Municipal Code of the
City of Aspen, as amended, become necessary or desirable to
the area of the above described property, Applicant shall
make no objection to any special assessment or special tax
or proceeding therefore on the basis that the property is
adequately served by existing improvements and/or on the
basis that the premises will not be served or benefited by
the improvement or improvements proposed. Applicant further
agrees to join on the demand therefore by the City, any
special improvement district formed for construction of
improvements (including, without limitation, signage,
drainage, underground utilities, paved streets and alleys,
planting, curbs, gutters, sidewalks or street lights) in the
area of the above described property or to reimburse the
City of Aspen directly on demand therefore if the City
chooses to construct these improvements without the
formation of such a district.
- 2 -
~,OOK 458 f'MiE,826
4. The following fire, health and safety
improvements must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
serviced by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room.
c. Provide a self closer on the door.
d. Each sleeping room must be provided
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
swinging door not less than three feet (3'0") wide and six
feet, eight inches (6'8") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (12'0" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Code for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed within twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
condominium map, Applicant shall execute a promissory note
payable to the City of Aspen secured by a deed of trust
encumbering the subject lodge property to assure that the
physical upgrading and fire, health and safety improvements
will be accomplished. The terms of the note shall be as set
out in S 20-23 (A) (6) (c), in the form approved by the City
Attorney. In the event Applicant has satisfactorily
- 3 -
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BOOK 458 PfjIjf,827
completed the physical upgrading and health and safety
improvements prior to the time it desires to record the
condominium map, then execution of such note and deed of
trust shall not be required.
7. Applicant shall submit to the City
Attorney for his review and approval the condominium
declaration for thecondominiumized lodge and the by-laws
and articles of incorporation for the lodge condominium
association. The condominium declaration shall be recorded
after the review and approval by the City Attorney has been
obtained at such time as the Applicant records the
condominium map.
8. Applicant shall submit for review and
approval by the City Attorney an employee housing deed
restriction for the one (two pillows) unit of employee
housing. This deed restriction may be incorporated into the
condominium declaration for the condominiumized lodge or may
be recorded as a separate document.
9. Applicant agrees to comply with any
other applicable provisions of ~ 20-23 of the Municipal Code
of the City of Aspen, as amended.
10. Applicant agrees this Statement of
Exception and the conditions set forth herein shall be
binding on it and its successors and assigns and shall be
deemed to run with the land affected hereby.
Dated this ~ day of
1983.
~J~~
WILLIAM STIRLING, MAYOR
AP~" , A,S TO~~
~/
PAUL ~~~'~:~;;Amt, cJj A~TORNEY
I, KATHRYN S. KOCH, do hereby certify that the
foregoing statement of exception from the full subdivision
process for the purposes of condominiumization of an
existing lodge known as the Applejack Inn and to be known as
the Aspen, a condominium, was considered and apprOV~bY the
City Council at its regular meeting held aur
- 4 -
BOOK 458 PAr;r828
1983, at whioh time the Mayor, William Stirling, was
authorized to execute same on behalf of the City of Aspen.
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KATHRYN S KOCH, CITY CLERK
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January 6, 1984
Mr. Jim Wilson
City of Aspen Building Department
130 S. Galena Street
Aspen, CO 81611
RE: Stipulated Requirements from the Statement of Exception
for Condominiumization of The Aspen
Dear Jim:
Attached to this letter is Section 4 taken from the tatement
Exce The Aspen. Section 4 stipulate
that certain fire, health and safety imp ements must be made prior 0
the closing of the sale of an un in the rojec I hav sed
ese items w urley, supervisor on the job for Hunter
Construction. He has indicated to me that with the exception of items
C and D, each of the remaining items has been completed. It is my
understanding that a wall has been constructed to separate the boiler
room in lieu of the one hour fire-rated door with closer as is
indicated in the Statement of Exception (items C and D).
You will also note in Section 5 on the attached page that we are
obligated to spend a minimum of $125,000 in upgrading the project. I
think you will agree that this sum has been greatly exceeded, not only
in achieving the health and safety requirements but also in general
refurbishing of the lodge.
If the attached items have been completed to your satisfaction, I would
appreciate your signature below. I will forward copies of this letter
to both Paul Taddune and Jay Hammond to be retained in their files as
proof of the completion of these requirements.
Thank you for your cooperation in this matter.
~;;rel~
Rand/bOld
2Q~ --'~
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Date
;<"'
4. The following fire, health and safety
improvements must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
serviced by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room. '
~ Provide a self closer on the door.
~ Each sleeping room must be provided,
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
swinging door not less than three feet (3 I 0") wide and six
'.
feet, eight inches (6'8") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (12'0" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Code for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed wi thin twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
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January 6, 1984
Mr. Jim Wilson
City of Aspen Building Department
130 S. Galena Street
Aspen, CO 81611
RE: Stipulated Requirements from the Statement of Exception
for Condominiumization of The Aspen
Dear Jim:
Attached to this letter is Section 4 taken from the Statement of
Exception for condominiumization of The Aspen. Section 4 stipulates
that certain fire, health and safety improvements must be made prior to
the closing of the sale of any unit in the project. I have discussed
these items with Patrick Hurley, supervisor on the job for Hunter
Construction. He has indicated to me that with the exception of items
C and D, each of the remaining items has been completed. It is my
understanding that a wall has been constructed to separate the boiler
room in lieu of the one hour fire-rated door with closer as is
indicated in the Statement of Exception (items C and D).
You will also note in Section 5 on the attached page that we are
obligated to spend a minimum of $125,000 in upgrading the project. I
think you will agree that this sum has been greatly exceeded, not only
in achieving the health and safety requirements but also in general
refurbishing of the lodge.
If the attached items have been completed to your satisfaction, I would
appreciate your signature below. I will forward copies of this letter
to both Paul Taddune and Jay Hammond to be retained in their files as
proof of the completion of these requirements.
Thank you for your cooperation in this matter.
Sincerely,
b~
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Date
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4. The following fire, health and safety
improvements must be made prior to the closing of the sale
of any unit.
a. The fire sprinkler system must be
serviced by a qualified sprinkler contractor.
b. Provide a door and frame with a one
hour fire protection rating to separate boiler room from
storage room.
.
c.
Provide a self closer on the door.
d.
Each sleeping room must be provided,
with a qualifying emergency egress window.
e. The sliding glass doors entering
the individual units must be replaced with the conventional
'.
swinging door not less than three feet (3'0") wide and six
feet, eight inches (6'8") high.
f. Install a permanently wired smoke
detection system with manual fire alarm stations or other
system approved by the Building Department.
g. Additional receptacle outlets must
be provided (twelve feet (12'0" maximum space) in each room
if required by the Building Department.
h. Hardware on front door must comply
with Code for exiting.
5. Applicant shall submit plans to upgrade
the lodge by a value of $125,000.00 to the Building
Department within nine (9) months of City Council approval.
The upgrading work must be completed within twelve (12)
months of the issuance of the building permit.
6. Before the applicant records the
condominium map. Applicant shall execute a promissory note
ASPl1\.;
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January 4, 1984
Mr. Jim Wil son
Building Department
Ci ty of Aspen
Aspen, CO 81611
Re: Appl ejack Lodge/East Half of Lot D, all of Lots E, F,
G, H and I, 8lock 45, City and Townsite of Aspen a.k.a.
311 West ~~in Street
HAND DELIVERED
Dear f1r. Wil son:
As reqJired in the STATEMENT OF EXCEPTION for the ilbove-refer-
enced property TOR Corporation was to submit pI ans and upgrade the
Lodge by a value of $125,000 pursuant to Paragraph 5 of that
Agreement. More than $200,000 has been spent on the required fire,
heal th and safety improvements.
Please call me if you need ildditional verification of this
amount. Note al so thilt TOR Corporation has transferred all inter-
est in the Applejack to Aspen Accommodations, Inc.
Thank you very much.
Very truly yours,
My cornmissionexpires 9/29/85
/>
-1"&62'~'-L-~______
Robert P. Morris
President
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
RPM/ds
II COI.OIZ,\[)O COIU'()I('\ I 10",
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PEN
130 s
aspen
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Here are original Statement of Exception and Condo Decs. for the Applejack,
approved as to form by the City Attorney, and the respective checks for
recording fees.
Please have the Mayor sign, then attest and hold for recording. The plats
are now in Engineering and all should be recorded together.
thanks,
~
LAND USE APPLICATION FEES
City
00113 ~ 63721 . 47331 ~ 52100 GMP/CONCEPTUAL
63722 ~ 47332 ~ 52100 GMP/PRE L1MINARY
63723 ~ 47333 . 52100 GMP/FINAL
63724 ~ 47341 ~ 52100 SUB/CONCEPTUAL
63725 .47342 . 52100 SUB/PRELIMINARY
63726 ~ 47343 ~ 52100 SUB/FINAL
63727 ~ 47350 ~ 52100 EXCEPT/EXEMPTION i/o, /r~ ~-
,'L,
63728 . 47350 . 52100 REZONING
63729 ~ 47360 ~ 52100 SPECIAL REVIEW
SUB.TOTAL
County
00113 ~ 63711 ~ 47331 . 52200 GMP/GENERAL
63712 . 47332 . 52200 GMP/DET AI LED
63713 ~ 47333 ~ 52200 GMP/FINAL
63714 ~ 47341 ~ 52200 SUB/GENERAL
63715 ~ 47342 . 52200 SUB/OETAILED
63716 ~ 47343 ~ 52200 SUB/FINAL
63717 . 47350 . 52200 SPECIAL REVIEW
63718 . 47350 . 52200 REZONING
63719 .47360 . 52200 SPECIAL APPROVAL
SUB.TOTAL
PLANNING OFFICE SALES
00113 . 63061 ~ 09000 ~ 52200 COUNTY CODE
63063 ~ 09000 . 52200 ALMANAC
63062 ~ 09000 . 00000 GMP
63066 ~ 09000 ,00000 COPY FEES
63069 . 09000 OTHER
SUB~TOT AL
TOTAL /' ,
i /1 (
ASPH,ifPITKIIIi PLANNI~JG OFFICE
130 South Gele!1a Stteet
Aspen, Colo,ado 81611
(303) 925.2020
Name: -rr~:, (I)/>r()~t~
Address: f:-.-;:-'c., 1::"- t)t', '~,// ,r-
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Check No, / /( /
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Additional Billing:
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