HomeMy WebLinkAboutcoa.lu.su.Sugar.A20-92
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 3/05/92
DATE COMPLETE:
PARCEL ID AND CASE NO.
2735-124-08-001 A20-92
STAFF MEMBER: LL
PROJECT NAME: Suaar Subdivision Exemption/Condominiumization
Project Address: 707 W. Smuaaler/700 W. Francis
Legal Address: Lots G. H. I. Block 15
APPLICANT: Leslve Suaar
Applicant Address: 828 W. North Street. Aspen 920-4891
REPRESENTATIVE: Gideon Kaufman
Representative Address/Phone: 315 E. Hvman Avenue. suite 305
Aspen. CO 81611 925-8166
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PAID: (YES) NO AMOUNT: $1002
NO. OF COPIES RECEIVED 3/0
TYPE OF APPLICATION:
1 STEP:
x
2 STEP:
P&Z Meeting Date
PUBLIC HEARING: YES
NO
PUBLIC HEARING:
YES NO G 'fl!!t
~ ~O(;'
~ CPO"
YES NO
CC Meeting Date t-f
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VESTED RIGHTS:
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
Paid:
Date:
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REFERRALS:
city Attorney Mtn Bell
~ City Engineer Parks Dept.
Housing Dir. Holy Cross
Aspen Water Fire Marshall
City Electric Building Inspector
Envir.Hlth. Roaring Fork
Aspen Con. S.D. Energy Center
DATE REFERRED: a -11-q;t- INITIALS: ~
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___ City Atty ___ City Engineer ___Zoning ___Env. Health \
Housing Other: r7
FILE STATUS AND LOCATION: ~r?~~
School District
Rocky Mtn NatGas
State HwyDept(GW)
State HwyDept(GJ)
other
....
#~479~08/24/92 15:35 Rec $10.0t~: 686 PG 862
Sllvla .lavis, Pitkin Cnty Clerk, Doc $.00
STATEMENT OF EXEMPTrON FROM THE FULL SUBDrVrSrON PROCESS FOR
THE PURPOSE OF THE CONDOMrNrUMrZATrON OF AN EXrSTrNG STRUCTURE
ON LOTS G. H. AND r. BLOCK 15. CrTY AND TOWNSrTE OF ASPEN
WHEREAS, LESLYE D. SUGAR (hereinafter referred to as the
"Applicant"), is the owner of a parcel of real property located in
the City of Aspen, Pitkin County, Colorado, described as Lots G, H,
and I, Block 15, City and Townsite of Aspen; and
WHEREAS, Applicant requested an exemption from the full
subdivision process pursuant to 924-7-1007 of the Muncipal Code of
the City of Aspen for condominiumization of an existing structure
at the above-described location; and
WHEREAS, the Aspen City Council determined at its meeting of
April 27, 1992, that such exemption was appropriate and granted the
same, subject, however, to certain conditions; and
WHEREAS, a subdivision exemption agreement shall be required as
set forth in 924-7-1005 of the Municipal Code of the City of Aspen.
NOW, THEREFORE, LESLYE D. SUGAR and the CITY OF ASPEN, agree as
follows:
1. The Applicant shall not obstruct the pUblic right-of-way.
2. The Applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
3. The Applicant shall provide a deed restriction stating
that the condominium units shall be deed restricted to six (6) month
minimum leases, with no more than two (2) shorter tenancies per
year. The deed restriction shall be in the form and language
contained in Exhibit "A" attached hereto and made a part hereof.
DATED this cllS' day of ~', 1992.
APPLICANT:
LESL~AR /0. ~
APPROVED AS TO FORM:
CITY OF
municip
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"'b):::'-\ \0\ -:::,. , City Attorney"'
, "
By
John
ASPEN, a Colorado
1 corporation
I~.t-.~
ennett, Mayor
(SIGNATURES AND NOTARY ACKNOWLEDGMENTS CONTINUE ON PAGE 2)
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:3~7:86 ~,24/92 15:35 Rec $10.00 B~~ PG 863
~_Vl~_~-,-- Pitkin Cnty Cler'k, Doc:. ;00
,
I, Kathryn S. Koch, do hereby certify that the foregoing
statement of Exemption from the Full Subdivision Process for the
Purpose of the Condominiumization of an Existing structure on Lots
G, H, and I, Block 15, City and Townsite of Aspen, was considered
and approved by the Aspen City Council at its regular meeting held
on 5c-.f( , 1992, at which time the Mayor, John Bennett, was
authorized to execute the same on behalf of the City of Aspen.
Kathryn
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Koch, city Clerk
STATE.OF COLORADO )
"""P' :"/( . ) ss.
.,.,....... "'~OUN'I'Y."Q.l':'-PITKIN )
\:'~:'.; "-'..t' -r' !< " ---;'Y "
~.~.:~~;~~~6e\fcir~gOing instrument was acknowledged before me this
..'...-:.;;>l~l'diw Pfc/.-j7,t3CiSr, 1992, by LESLYE D. SUGAR.
~'<"r'r...~P\ \ v: 0 ~
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<";>..,-__:w-r~liJSS my hand and official seal.
~,pp;;6rtt:.,dommission expires: 1/13/q &;" . '
"." "'.....' ~ lAJ~)){
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
~ The foregoin instrument was aqknowledged before me this
.2JJday of, 1992, by John Bennett, as Mayor, and
Kathryn S. Ko , as City Clerk, on. behalf of the CITY OF ASPEN,
a Colorado municipal corporation.
Exhibit "A" . : ."', i'
Leases on each CondomiP:itim Unit shall be' rE\s'tricted to terms of not less than six (6)
months; provided, ho,.,ever, that each C'ondolIlinium Unit may be leased for terms of less
than six (6) months .i;;ot,more than two {2)Jt':i.rn,es per year, as required by the City of
Aspen. J. . ,.,> ,
\sugar\subexemp.agr
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CONDOMINIUM DECLARATION
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.1 \ CA- t--
FOR
s"",b ") X'-'-'f-\-\ l>--- SUGAR DUPLEX, A CONDOMINIUM
Ie ~ 10 - ~ (c; l.-..-
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, LESLYE D. SUGAR, hereinafter called the
"Declarant", is the owner of the following described real
property situated in the City of Aspen, County of Pitkin,
State of Colorado:
Lots G, H, and I, Block 15, city and Townsite of Aspen,
County of Pitkin, State of Colorado,
also known as 707 West Smuggler, Aspen, Colorado,
and 427 North Sixth Street, Aspen, Colorado.
WHEREAS, Declarant desires to establish a condominium
project under the Common Interest Ownership Act of the State
of Colorado; and
WHEREAS, there is currently constructed on said real
property improvements consisting of one (1) duplex structure
containing two (2) separately designated residential
condominium units; and
WHEREAS, Declarant does hereby establish a plan for the
ownership in fee simple of the condominium estates subject to
the easements, restrictions, reservations, rights-of-way,
conditions, taxes and assessments of record and reservations
in this Declaration, consisting of the area or space
contained in each of the air space units located in the
building improvements, and the co-ownership by the individual
and separate Owners thereof as tenants-in-common of all of
the remaining property (except such property as is otherwise
reserved herein), which property is hereinafter defined and
referred to as the General Common Elements;
NOW, THEREFORE, Declarant does hereby publish and
declare that the following terms, covenants, conditions,
easements, restrictions, uses, limitations and obligations
shall be deemed to run with the land, shall be a burden and
benefit to Declarant, Declarant's heirs, personal
representatives, successors and assigns, and any persons
acquiring or owning interest in the real property and
improvements, their grantees, successors, heirs, executors,
administrators, devisees or assigns.
1. Definitions. The following definitions shall apply
unless the context expressly provides otherwise.
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a. "unit" means one (1) individual air space which
is contained within the unfinished perimeter walls, floors,
ceilings, windows and doors of each unit as shown on the
Condominium Map to be filed for record, together with all
fixtures and improvements therein contained, and not
including any structural components of the building or other
General Common Elements, if any, located within the unit.
b. "Condominium unit" means the fee simple
interest title in and to .a Unit, together with the undivided
interest in the General Common Elements, and the appurtenant
Limited Common Elements thereto.
c. "Owner" means the person or persons, as
hereinafter defined, owning a unit in fee simple, together
with an undivided interest in fee simple in the General
Common Elements in the percentage specified and established
in this Declaration, including the Declarant, as long as any
Condominium unit, as hereinafter defined, is owned by
Declarant.
d. "General Common Elements" means all of the
Project, as hereinafter defined, except the portions thereof
which constitute units, and also means all parts of a
building or any facilities, improvements and fixtures which
may be within a unit which are or may be necessary or
convenient to the support, existence, use, occupation,
operation, maintenance, repair or safety of a building, or
any part thereof, or any other unit therein.
without limiting the generality of the foregoing,
the following shall constitute General Common Elements:
(1) all of the land and easements which are
part of the property, and all facilities designated as
General Common Elements on the Condominium Map;
(2) all foundations, columns, girders, beams
and supports of a building;
(3) all deck or yard areas, porches, storage
lockers or areas, balconies, patios, fireplaces, doors,
windows, and parking spaces (subject to specific designations
for individual Owner use as Limited Common Elements, as may
be hereinafter defined and provided);
(4) the exterior walls of a building, the
main or bearing walls within a building, the main or bearing
subflooring, and the roofs of a building;
(5) all utility, service and maintenance
rooms, space, fixtures, apparatus, installations and central
facilities for power, light, gas, telephone, television, hot
water, cold water, heating, snowmelt systems, refrigeration,
air conditioning, trash incineration or similar utility,
service or maintenance purposes, including furnaces, tanks,
pumps, motors, fans, compressors, flues, vents, similar
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fixtures, apparatus, installations and facilities, sprinkler
systems; and
the Project used in
the Project's
(6) all other parts of
common by the Owners, or convenient to
existence, maintenance and safety,
e. "Mortgage" means any mortgage, deed of trust,
or other security instrument by which a Condominium unit or
any part thereof is encumbered.
f. "Mortgagee" means any person named as the
mortgagee or beneficiary under any mortgage by which the
interest of any Owner is encumbered.
g. "Limited Common Elements" means those General
Common Elements which are reserved for the use of certain
Owners to the exclusion of the others, including and not
limited to certain balconies, porches, patios, fireplaces,
deck or yard areas, parking spaces, and storage lockers or
areas.
h. "Person" means an individual, corporation,
partnership, combination, association, trustee, or any other
legal entity.
i. "Project" means all of the real property,
Condominium Units, building(s), fixtures, personal property
and improvements submitted to this Declaration.
j. "Common expenses" means and includes:
(1) all sums lawfully assessed against the
Owners by the Board, as hereinafter defined;
(2) expenses of administration, maintenance,
repair or replacement of the General Common Elements, as
hereinafter defined;
(3) expenses declared common expenses by
provisions of this Declaration and the Bylaws; and
(4) expenses agreed on as common expenses by
a vote of the Owners representing an aggregate ownership
interest of all of the General Common Elements.
k. "Map" means the Condominium Map referred to in
paragraph two (2) below.
1. "Building" means the building improvement
comprising a part of the Project.
m. "Association". means the Sugar Duplex
Condominium Association, a nonprofit corporation organized
under the laws of the State of Colorado, of which all Owners
of units shall be members, and which shall be charged with
the management and maintenance of the Project.
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n. "Board of Directors" or "Board" means the
governing body of the Association.
o. "Managing Agent" means the person employed by
the Board to perform the management and operational functions
of the Project.
p. "Bylaws" means the Bylaws of the Association.
q. "Articles" means the Articles of Incorporation
of the Association.
r. "Guest" means any agent, employee, tenant,
guest, licensee or invitee of an Owner.
s. "Declarant" means the Declarant named herein,
and such successor or successors as may be designated
hereafter by Declarant by written notice duly recorded.
t. "Declaration" means this Declaration, together
with any supplement or amendment hereto, recorded in the
office of the Clerk and Recorder of Pitkin county, Colorado.
2. MaD. There shall be filed for record in the office
of the Clerk and Recorder of Pitkin County, Colorado, a map,
hereinafter referred to as the "Map", which Map may be filed
in whole or in part, depicting thereon:
a. the legal description of the property and a
survey thereof;
b. the name and general location of the Project;
c. the linear measurements and location, with
reference to the exterior boundaries of the land, of the
building(s) and all improvements built on the land;
d. floor plans and elevation plans of the
building(s) showing the location, the designation and the
linear dimensions of each Unit, and the designation of the
Limited Common Elements;
,e. the elevations of the unfinished interior
surfaces of the floor and ceilings as established from a
datum plan, and the linear measurements showing the thickness
of the perimeter and common walls of the building.
The Map and any supplement(s) thereto shall contain
the statements of: (1) the Declarant, submitting the property
to the provisions of this Declaration; and, (2) a registered
land surveyor certifying that the Map fully and accurately
depicts the layout, measurements and location of all of the
building(s) and improvements, the Unit designations, the
dimensions of such Units, and the elevations of the floors
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and ceilings. Declarant hereby reserves unto itself and the
Board the right, from time to time, until the sale of a unit,
to amend the Map and supplement(s) thereto, to conform the
Map to the actual location of any of the constructed
improvements, to establish, vacate and relocate utility
easements, access road easements and parking spaces, and to
establish certain General Common Elements as Limited Common
. Elements.
In interpreting any and all provisions of this
Declaration or the Bylaws, subsequent deeds to and/or
mortgages of Condominium units, the actual location of a Unit
shall be deemed conclusively to be the property intended to
be conveyed, reserved or encumbered, notwithstanding any
minor deviations from the location of such unit indicated on
the Map.
3. Division into units. Declarant does hereby submit
the Project to condominium ownership pursuant to the Colorado
Condominium Ownership Act, and the Project is hereby divided
into two (2) residential Condominium Units, each consisting
of a separate fee simple estate in a particular Unit, and an
appurtenant undivided fee simple interest in the General
Common Elements. The undivided interest in the General
Common Elements appurtenant to a particular Unit is as is set
forth on Exhibit "1" attached hereto and incorporated herein
by this reference.
4. Limited Common Elements. Subject to the definition
thereof, the Limited Common Elements shall be identified
herein or on the Map, and designated as appurtenant to a
particular Condominium Unit herein, or on the Map or in a
deed from the Declarant. Any door, window, balcony, porch,
patio, concrete walkway to a Unit, window weIland the area
dug out for the window well, iron and wood railing, or
fireplace which is accessible from, associated with and
adjoins a Unit, deck or yard areas, parking spaces, driveways
and storage lockers or areas identified as Limited Common
Elements on the Map, and designated as appurtenant to a
particular Condominium Unit, shall, without further reference
thereof, be used in connection with the unit to which it is
appurtenant to the exclusion of the use thereof by the other
Owners, except by invitation.
5. Inseparabilitv of a Condominium unit. An Owner's
undivided interest in the General Common Elements, and in any
appurtenant Limited Common Elements, shall not be separated
from the Unit to which they are appurtenant, and shall be
deemed to be conveyed or encumbered with the unit even though
the interest is not expressly mentioned or described in a
deed or other instrument.
6. Description of a Condominium unit. Every deed,
lease, mortgage, trust deed, will or other instrument may
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legally describe a Condominium unit by its identifying unit
location followed by the words Sugar Duplex, a Condominium,
with reference to the recorded Declaration and Map. This
description shall be deemed good and sufficient for all
purposes to sell, convey, .transfer, encumber, or otherwise
affect not only the Unit, but also the Common Elements
appurtenant to it. This description shall be construed to
include a non-exclusive easement for ingress and egress
throughout the Common Elements appurtenant thereto to the
. exclusion of all third parties not lawfully entitled to use
the same.
7. Title. A Condominium Unit may be held and owned by
more than (1) person as joint tenants or as tenants in
common, or in any real property tenancy relationship
recognized under the laws of the State of Colorado.
8. No Partition. The Common Elements shall remain
undivided, and no Owner or any other person shall bring any
action for partition or division of the Common Elements.
Similarly, no action shall be brought for the partition of a
Unit or a Condominium unit between or among the Owners
thereof. Each Owner expressly waives any and all such rights
of partition he may have by virtue of his ownership of a
Condominium unit. A violation of this provision shall
entitle the Association to personally collect, jointly or
severally, from the parties violating the same the actual
attorneys' fees, costs and other damages the Association
incurs in connection therewith.
9. SeDarate Taxation. Each Condominium unit shall be
deemed to be a parcel, and shall be subject to separate
assessment and taxation by each assessing unit and special
district for all types of taxes authorized by law, including
ad valorem levies and special assessments. Neither the
buildings, the property, nor any use of the Genera~ Common
Elements shall be deemed to be a parcel. The lien for taxes
assessed to any Condominium unit shall be confined to that
Condominium unit. No forfeiture or sale of any Condominium
unit for delinquent taxes, assessments or other governmental
charges shall divest, or in any way affect, the title to any
other Condominium unit. In the event that such taxes or
assessments for any year are not separately assessed to each
Owner, and rather are assessed on the property as a whole,
each Owner shall pay his proportionate share thereof in
accordance with his ownership interest in the General Common
Elements; and, in such event, such taxes or assessment shall
be a common expense. Without limiting the authority of the
Board provided for elsewhere herein, the Board shall have the
authority to collect from the Owners their proportionate
share of taxes or assessments for any year in which taxes are
assessed on the property as a whole.
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10. certain Work Prohibited. No Owner shall undertake
any work in his unit which would jeopardize the soundness or
safety of the Project, reduce the value thereof, or impair an
easement or hereditament thereon or thereto; nor shall any
Owner enclose, by means of screening or otherwise, any
balcony, yard, deck, patio or porch which is accessible from,
associated with, and which adjoins a Unit, without having
first obtained the prior written approval of the other Owner
(which approval may not be unreasonably withheld) 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 of which the units are a part, or in
the water, gas or steam pipes, electric conduits, plumbing or
other fixtures connected therewith, except for the purposes
of maintaining the unit and keeping in good repair; nor shall
an Owner remove any exterior additions, improvements or
fixtures from the building of which the units are a part
without the prior written approval of the other Owner (which
approval may not be unreasonably withheld) first having been
obtained. No Owner shall make any alterations, changes or
improvements to the Limited Common Elements appurtenant to
his or her Unit, including without limitation, the exterior
walls, doors and roof of his or her Unit, nor shall the make
any changes or improvements to the color and type of paint .or
other finishing material used thereon, fencing, landscaping,
and permanent outdoor furniture or equipment, without the
prior written consent of the Owner of the other Unit, which
consent shall not be unreasonably withheld. The Owners of
both Condominium units must mutually agree to any changes in
the color of the exterior paint on the units. Furthermore,
if one unit is being painted, and the other Unit has not been
painted in three (3) years, then both units must be painted.
11. Liens Aqainst Condominium units -- Removal from
Lien --Effect of Part Payment.
a. No labor. performed or materials furnished with
the consent of or at the request of an Owner of a particular
Condominium Unit, or his agent, shall be the basis for the
filing of a lien pursuant to law against the other
Condominium Unit, or other. property, or the other Owner not
expressly consenting to or requesting the same, except that
express consent shall be deemed to be given by the Owner of
a Condominium unit to the Managing Agent or the Board in the
case of emergency repairs. Labor performed or materials
furnished for the General Common Elements, if duly authorized
by the Managing Agent or the Board of Directors in accordance
with the Declaration or Bylaws, shall be deemed to be
performed or furnished with the express consent of each
Owner, and shall be the basis for the filing of a lien
pursuant to law against each of the condominium Units in the
Project.
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b. In the event a lien is effected against both
Condominium Units, the Owners of the separate Condominium
units may remove their condominium units from the lien by
payment of the fractional or proportional amount attributable
to each of the Condominium Units affected. Individual
payment shall be computed by referenCe to the percentages
appearing in this Declaration. Subsequent to payment,
discharge or other satisfaction, the Condominium Unit shall
be released from the lien paid, satisfied or discharged.
Partial payment, satisfaction or discharge shall not prevent
the lienor from proceeding to enforce his rights against any
Condominium Unit not so released or discharged.
c. Each Owner shall indemnify and hold the other
Owner harmless from and against liability or loss arising
from the claim of any lien against the Condominium Unit of
the Owner, or any part thereof, for labor performed, or for
materials furnished in work on such Owner's Condominium Unit.
At the written request of an Owner, the Association shall
enforce such indemnity by collecting from the Owner of the
Condominium Unit on which the labor was performed, or
materials furnished, the amount necessary to discharge any
such lien and all costs incidental thereto, including
reasonable attorneys' fees. If not promptly paid, the
Association may proceed to collect the same in the manner
provided herein for collection of assessments for the purpose
of discharging the lien.
12. Use and Occuoancv of Units. Each Owner shall be
entitled to the exclusive ownership and possession of his
Unit, subject to the restrictions and reservations contained
in this Declaration. Each Condominium Unit shall be used and
occupied solely for those purposes permitted by the zoning
code and zoning map of Aspen, Colorado. Leases on each
Condominium Unit shall be restricted to terms of not less
than six (6) months; provided, however, that each Gondominium
Unit may be leased for terms of less than six (6) months not
more than two (2) times per year, as required by the City of
Aspen.
13. Use of General and Limited Common Elements. Each
Owner may use the General Common Elements and his appurtenant
Limited Common Elements in accordance with the purpose for
which they are intended without hindering or encroaching on
the lawful rights of the other Owner. The Association and/or
the Board may, from time to time, adopt rules and regulations
governing the use of General and Limited Common Elements.
Each Owner, by the acceptance of his deed or other instrument
of conveyance or assignment, agrees to accept and be bound by
any such adopted rules and regulations. Each Unit is further
subject to the Statement of Exemption from the Full
Subdivision Process for the Purpose of Condominiumization of
an Existing Structure recorded in Book ___ at Page ___ in the
office of the Clerk and Recorder of Pitkin County, Colorado.
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14. Various Riahts and Easements.
. a. Owner's Riahts in Limited Common Elements.
Subject to the other provisions of this Declaration, each
Owner and his guests, tenants and invitees shall have an
exclusive right to use and enjoy the Limited Common Elements
designated herein, in the Map, or in the initial deed from
Declarant as appurtenant to the Condominium unit owned by
such Owner.
b. Association Riahts. The Association, the Board
and the Managing Agent shall have a non-exclusive right and
easement to make such use of and enter into or on the General
Common Elements, the Limited Common Elements and the units as
may be necessary or appropriate for the performance of the
duties and functions which they are obligated or permitted to
perform under this Declaration.
c. Owner's Easements for Access. Support and
utilities. Each Owner shall have a non-exclusive easement
for access between his unit and the roads, alleyways and
streets adjacent to the Project, and his parking areas and
driveways in the project, over and on the stairs, walks and
exterior access and other easements which are part of the
General Common Elements. Each Owner shall have a
non-exclusive easement in, on and over the General Common
Elements, including the General Common Elements within the
unit of another Owner, for horizontal and lateral support of
the unit which is part of his Condominium unit, for utility
service to that unit, including and not limited to water,
sewer, gas, electricity, telephone and television service.
d. Easements for Encroachments. If any part of
the General Common Elements encroaches or shall hereafter
encroach on a Unit, an easement for such encroachment and for
the maintenance of the same shall and does exist. If .any
part of a unit encroaches or shall hereafter encroach on the
General Common Elements or on another Unit, the Owner of that
unit shall and does have an easement for such encroachment
and for the maintenance of same. Such encroachments shall
not be considered to be encumbrances either on the General
Common Elements, or on a Condominium Unit, for purposes of
marketability of title or otherwise. Encroachments referred
to herein include, and are not limited to,. . encroachments
caused by error in the original construction of the
building, by error in the Map, by settling, rising or
shifting of the earth, or by changes in position caused by
repair or reconstruction of the project, or any part thereof.
e. Easements in units for Repair. Maintenance and
Emeraencies. Some of the General common Elements are or may
be located within a Unit, or may be conveniently accessible
only through a particular unit. The Association, Board,
Managing Agent and each Owner shall have an easement, which
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shall be exercised for any Owner by the Association, the
Board or the Managing Agent, as its agent, for access through
each unit and to all General Common Elements, from time to
time, during such reasonable hours as may be necessary for
the location, placement, existence, maintenance, repair or
replacement of any of the General Common Elements located
therein or accessible therefrom, or for making emergency
repairs therein necessary to prevent damage to the General
Common Elements or to another Unit, or for making repairs or
replacements pursuant to paragraph fifteen (15) hereafter.
Damage to the interior of any part of a unit resulting from
the maintenance, repair, emergency repair, or replacement of
any of the General Common Elements, or as a result of
emergency repairs within another Unit, at the instance of the
Association, the Board or the Managing Agent, shall be a
common expense of all of the Owners. No diminution or
abatement of common expense assessments shall be claimed or
allowed for inconvenience or discomfort arising from the
making of repairs or improvements, or from action taken to
comply with any law, ordinance or order of any governmental
authority, unless so determined by the Board. Restoration of
the damaged improvements shall be substantially the same as
the condition in which they existed prior to the damage.
Notwithstanding the foregoing, if any such damage is the
result of the carelessness or negligence of any Owner,
tenant, or guest, such Owner shall be solely responsible for
the costs and expenses of repairing such damage. An Owner of
any unit containing a General Common Element shall indemnify
and hold the Association harmless for any damage resulting
from the presence of said Common Element.
f. Easements Deemed Appurtenant. The easements,
uses and rights herein created for an Owner shall be
appurtenant to the Condominium unit of that Owner, and all
conveyances of and other instruments affecting title to a
Condominium unit shall be deemed to grant and reserve the
easements, uses and rights as are provided for herein, even
though no specific reference to such easements, uses and
rights appear in any such conveyance.
g. Emerqencv Easement. A non-exclusive easement
for ingress and egress is hereby granted to all police,
sheriff, fire protection, ambulance and other similar
emergency agencies or persons now or hereafter servicing the
Project to enter on driveways located in the project and on
the property in the lawful performance of their duties.
15. Owners' Maintenance Responsibilitv. For purposes
of maintenance, repair, alteration and remodeling, an Owner
shall be deemed to own, and shall have the right and
obligation to maintain, repair, alter and remodel the
interior nonsupporting walls, the materials (such as, but not
limited. to, plaster, gypsum drywall, paneling, wallpaper,
paint, wall and floor tile and flooring, not including the
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sub flooring) making up the finished surfaces of the perimeter
walls, ceilings and floors within the Unit, and the Unit's
doors and windows, and any and all new additions to a Unit
made by the Owner thereof, including, without limitation, any
new fence or other structure to be constructed enclosing a
patio, balcony, yard or deck area (if approved by the other
Owner), and the Limited Common Elements associated with the
use and occupancy of the Unit. No Owner shall, however, make
any changes or alterations of any type or kind to the
exterior surfaces of the doors or windows to his Unit or to
any General Common Elements (including, and not limited to,
the exterior portions of his unit). An Owner shall not be
deemed to own lines, pipes, wires, conduits or systems
(which, for brevity, are hereinafter referred to as
"utilities") running through his Unit which serve both Units,
except as a tenant-in-common with the other Owner. Each
Owner shall keep and maintain the utilities and equipment in
his or her Unit which provide services exclusively for his or
her Unit. Each Owner shall have the obligation to replace
any finiShing or other materials removed with similar or
other types or kinds of materials. Each Owner shall maintain
and keep in good repair, and in a clean, safe, attractive and
sightly condition, the interior of his Unit, including the
fixtures, doors and windows thereof, and the improvements
affixed thereto, and such other items and areas as may be
required in the Bylaws. Also, an Owner shall maintain, clean
and keep in a neat and clean condition the fireplace within
his Unit, and keep in a neat and clean condition and free and
clear of snow, ice and any accumulation of water on the deck,
yard, porch, roof overhangs, balcony and/or patio area
adjoining and/or leading to a Unit, if any, which areas are
Limited common Elements appurtenant to such Owner's
Condominium Unit. All fixtures, appliances and equipment
installed within a Unit commencing at a point where the
utilities enter the Unit shall be maintained and kept in
repair by the Owner thereof. If any Owner fails to carr~ out
or neglects the responsibilities set forth in this paragraph,
the Board or the Managing Agent may fulfill the same and
charge such Owner a special assessment therefor, which shall
be immediately due and owing. Any expense incurred by an
Owner under this paragraph shall be the sole expense of the
Owner. .
16. Compliance with provisions of Declaration. Articles
and Bvlaws of the Association. Each Owner shall comply
strictly with, and shall cause each of his guests to comply
strictly with, all of. the provisions of this Declaration, the
Articles and Bylaws, and the decisions, rules, regulations
and resolutions of the Association or the Board adopted
pursuant thereto, as the same may be lawfully amended from
time to time. Failure to comply with any of the same shall
be groundS for an action to recover sums due, and for damages
or injunctive relief or both, along with costs of suit and
reasonable attorneys' fees, maintainable by the Managing
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Agent or Board of Directors
behalf of the Owners or, in
Owner.
in the name of the Association on
a proper case, by an aggrieved
17. The Association.
a. General Purposes and Power. The Association,
through the Board or the Managing Agent, shall perform
functions and hold and manage property as provided in this
Declaration so as to further the interests of Owners of
Condominium units in the Project. It shall have all powers
necessary or desirable to effectuate such purposes.
b. Membership. The Owner of a Condominium Unit
shall automatically become a member of the Association. The
membership is appurtenant to the Condominium unit of the
Owner, and the ownership of the membership for a Condominium
unit shall automatically pass with fee simple title to the
Condominium unit. Each Owner shall automatically be entitled
to the benefits and subject to the burdens relating to the
membership for his Condominium unit. If the fee simple title
to a Condominium Unit is held by more than one (1) person,
each Owner of a Condominium unit shall be a member of the
Association. Memberships in the Association shall be limited
to Owners of Condominium units in the Project.
c. Board of Directors. The affairs of the
Association shall be managed by a Board of Directors which
may by resolution delegate any portion of its authority to an
executive committee, or to a director or Managing Agent for
the Association. There shall be two (2) to five (5) members
of the Board of Directors. The Owner(s) of each unit shall
have one (1) seat on the Board, and the additional members
(whose terms shall expire annually) shall be elected by a
vote of the two (2)Ownerjmembers. No later than sixty (60)
days after conveyance of one of the units to a purchaser
other than the Declarant, that unit Owner shall be entitled
to elect one (1) person to the Board of Directors.
Notwithstanding anything to the contrary provided for herein,
until Declarant has conveyed both Condominium units in the
Project, or until December 31, 1992, whichever event shall
first occur, two (2) members of the Board of Directors shall
be appointed by Declarant, his heirs, successors or assigns.
d. votinq of Directors. The Director(s) shall be
entitled to one (1) vote each.
e. Bvlaws and Articles. The purposes and powers
of the Association, and the rights and obligations with
respect to Owners set forth in this Declaration, may and
shall be amplified by provisions of the Articles and Bylaws
of the Association.
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18. certain Riqhts and Obliqations of the Association.
a. Association as Attornev-in-Fact for Owners.
The Association is hereby irrevocably appointed
attorney-in-fact for the Owners and each of them to manage,
control and deal with the interest of each Owner in the
General Common Elements so as to permit the Association to
fulfill all of its duties and obligations hereunder, and to
exercise all of its rights hereunder, to deal with the
Project on its destruction or obsolescence as hereinafter
provided, and to grant utility easements through any portion
of the General Common Elements. The acceptance by any person
of any interest in either Condominium unit shall constitute
an appointment of the Association as attorney-in-fact as
provided above and hereinafter. The Association is hereby
granted all of the powers necessary to govern, manage,
maintain, repair, rebuild, administer and regulate the
Project, and to perform all of the duties required of it.
Notwithstanding the foregoing, and subject to the provisions
contained in this Declaration (unless at least one-half (~)
of the first mortgagees of Condominium units, based on one
[1] vote for each first mortgage owned), and both of the
Owners (excluding Declarant) have given their prior written
approval, the Assoc~ation shall not be empowered or entitled
to:
(1) by act or omission seek to abandon or
terminate the Project;
(2) change the pro rata interest or
obligations of either Condominium unit for the purpose of
levying assessments or charges, or allocating distributions
of hazard insurance proceeds or condemnation awards;
(3) partition or subdivide either Condominium
Unit;
(4) by act or omission seek to abandon,
partition, subdivide, encumber, sell or transfer (excluding
the granting of easements for public utilities or other
public purposes consistent with the intended use of the
General Common Elements) any of the General or Limited Common
Elements; and
(5) use hazard insurance proceeds for loss to
the Project (whether Units or General Common Elements) for
other than repair, replacement or reconstruction thereof.
Provided, however, that no action set forth in
subparagraphs eighteen (18) (a) (1-5) above may be taken
without the prior written approval of the Owner and first
mortgagee of the specific Unit or Units being affected.
b. General Common Elements. The Association shall
provide for the care, operation, management, maintenance,
repair and replacement of the General Common Elements, except
as is provided for in paragraph fifteen (15) herein. without
limiting the generality of the foregoing, the obligations
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shall include the keeping of such General Common Elements in
a good, clean, attractive, and sanitary condition, order and
repair; removing snow and any other materials from such
General Common Elements which might impair access to the
Project or the Units; keeping the Project safe, attractive
and desirable; and making necessary or desirable alterations,
additions, betterments or improvements to or on the General
Common Elements.
c. Other Association Functions. The Association
may undertake any activity, function or service for the
benefit of or to further the interests of any Owners on a
self-supporting, special-assessment or common-assessment
basis. Such activities, functions or services may include
the providing of police or similar security services.
d. Labor and Services. The Association: (1) may
obtain and pay for the services of a Managing Agent to manage
its affairs or any part thereof to the extent it deems
advisable, as well as such other personnel as the Association
shall determine'to be necessary or desirable for the proper
operation of the Project, whether such personnel are
furnished or employed directly by the Association, or by any
person with whom or which it contracts; (2) may obtain and
pay for legal and accounting services necessary or desirable
in connection with the operation of the Project or the
enforcement of this Declaration; and (3) may arrange with
others to furnish lighting, heating, water, trash collection,
sewer service and other common services.
e. Property of Association. The Association
may pay for, acquire and hold or lease real property for the
purposes set forth within this Declaration, and tangible and
intangible personal property, and may dispose of the same by
sale or otherwise. Subject to the provisions of this
Declaration, and rules and regulations of the Assoqiation,
each Owner and each Owner's family and guests may use such
property. On termination of condominium ownership of the
Project and dissolution of the Association, if ever, the
beneficial interest in any such property shall be deemed to
be owned by the then Owners as tenants-in-common in the same
proportion as their respective interests in the General
Common Elements. A transfer of a Condominium Unit shall
transfer to the transferee ownership of the transferor's
beneficial interest in such property without any reference
thereto. Each Owner may use such property in accordance with
the purposes for which it is intended, without hindering or
encroaching on the lawful rights of the other Owner. The
transfer of title to a Condominium unit under foreclosure
shall entitle the purchaser to the beneficial interest in
such property associated with the foreclosed Condominium
unit.
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f. Association Riqht to Lease and License General
Common Elements. The Association shall have the right to
lease, license, or permit the use of by less than all Owners,
or by non-Owners, on either a short-term basis or long-term
basis, and with or without charge as the Association may deem
desirable, any portion of the General Common Elements or any
Condominium Unit owned by the Association. The rights
granted to the Association in this subparagraph shall only be
used in the promotion of the collective best interests of the
Owners. Further, the Association shall have the right to
grant utility easements under, through or over the General
Common Elements which are reasonably necessary to the ongoing
development and operation of the Project.
g. Mortqaqee Notification. The Association shall
notify each first mortgagee of any proposed material
amendment of the Association's Articles or Bylaws at least
ten (10) days prior to the effective date of such amendment
or change. Further, on the written request of any first
mortgagee, such first mortgagee shall be entitled to receive
the most recent annual financial statement of the
Association, and written notice of all meetings of the
Association, and such first mortgagee shall have the right to
designate a representative to attend any such meeting.
h. Enforcement bv Association. The Board may
suspend any Owner's voting rights in the Association, or the
right of an Owner to use the common facilities of the Project
during any period or periods during which such Owner fails to
comply with the Association's rules and regulations, fails to
pay assessments, or fails to comply with any other
obligations of such Owner under this Declaration. The
Association may also take judicial action against any Owner
to enforce compliance with such rules, regulations or other
obligations hereunder, or in the Bylaws contained, or to
obtain damages for noncompliance thereof, all to the extent
permitted by law. The Board may impose a fine, not to exceed
One Hundred Dollars ($100.00), on any Owner for each
violation or act of noncompliance by any such Owner or his
tenants, guests or invitees.
i. certificate. The Board of Directors may, from
time to time, record a certificate of the identity and the
mailing addresses of the persons then comprising the Board of
Directors, together with the identity and address of the
Managing Agent, if any there be. Such certificate shall be
conclusive evidence thereof in favor of any person relying
thereon in good faith, regardless of the time elapsed since
the date thereof.
j. Implied Riqhts. The Association shall have and
may exercise any right or privilege given to it expressly by
this Declaration, the Articles or the Bylaws, or reasonably
to be implied from the provisions of those documents, or
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given or implied by law,
desirable to fulfill its
privileges.
or which may be necessary or
duties, obligations, rights or
19. Assessment for Common EXDenses.
a. Each Owner and the Declarant, if the Declarant
is an Owner, shall be obligated to pay the assessments
imposed by the Board. of Directors to meet the estimated
common expenses. The assessments shall be made pro rata
according to each Owner's interest in and to the General
Common Elements, as set forth in Exhibit "I" attached hereto.
Declarant shall be obligated as any other Owner in reference
to Condominium Units then owned by Declarant to pay the
estimated common expense assessments imposed by the Board to
meet the common expenses. Except as hereinabove provided,
the Limited Common Elements shall be maintained as General
Common Elements, and Owners having the exclusive use thereof
shall not be subject to any special charges or assessments.
Assessments for the estimated common expenses shall be due
monthly, in advance, on the first day of each month. Thirty
(30) days before the annual meeting of members, the Managing
Agent or Board of Directors shall prepare and deliver or mail
to each Owner an itemized annual budget showing the various
estimated or actual expenses for which the assessments are
made, and the projected assessments then paid by each Owner
for the prior year. This budget shall be approved by the
Board, and ratified by the members of the Association at the
members' meeting annual meeting. Contributions for monthly
assessments shall be prorated if the ownership of a
Condominium unit commences on a day other than the first day
of a month. The assessments made for common expenses shall
be based on the requirements deemed to be such aggregate sum
as the Board of Directors shall, from time to time, determine
is to be paid or accrued to be paid to provide for the
payment of all estimated expenses growing out of or connected
with the maintenance and operation of the General Common
Elements, which sum may include, among other things, expenses
of management; taxes and special assessments, until
separately assessed; premiums for insurance of the types and
kinds provided for in paragraph twenty-two (22) hereafter;
landscaping and care of grounds; common lighting and heating;
repairs and renovations; trash collections; wages; water and
sewer charges; legal and accounting fees; capital
expenditures made by the Board not exceeding Ten Thousand
Dollars ($10,000.00), in anyone (1) calendar year (unless a
greater amount is approved by a majority of the votes of the
members); expenses and liabilities incurred by the Managing
Agent or Board of Directors under or by reason of this
Declaration; deficits remaining from a previous period; and
other costs and expenses relating to the General Common
Elements. Further, it shall be mandatory for the Board to
establish and segregate, out of such monthly assessments, a
contingency or reserve fund for the repair, replacement and
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maintenance of those General Common Elements that must be
replaced periodically. The omission or failure of the Board
of Directors to fix the assessment for any month shall not be
deemed a waiver, modification or a release of the Owners from
their obligation to pay the same. Any Owner or first
mortgagee may, pursuant to C.R.S. ~38-33.3-3l7, inspect the
Association's records of receipts and expenditures at any
reasonable time during convenient weekday business hours;
and, on ten (10) days notice to the Board of Directors or
Managing Agent, if any, and on payment ofa reasonable fee
not to exceed Twenty pollars ($20.00), any Owner or first
mortgagee of such Owner shall be furnished a statement of
account setting forth the amount of any unpaid assessments,
or other charges due and owing from such Owner. At the end
of any calendar year, the Board of Directors may, but shall
not be required to, refund to each Owner his proportionate
share of funds then held by the Association which are not
deemed to be necessary to meet the common expenses. Each
Owner shall be obligated to pay all charges for any
separately metered utilities servicing his unit. All
utilities that are master metered shall be a common expense
hereunder.
b. The Board of Directors shall have the right
during any calendar year to levy and assess against all of
the Owners a special assessment for such purpose or purposes,
in accordance with this Declaration, the Articles or Bylaws,
as may be necessary to keep the Project as a first-class
Condominium Project. Such special assessment shall be borne
by the Owners in accordance with each Owner's interest in the
General Common Elements, and shall be due and payable as
determined by the Board of Directors.
20. Assessment Reserves. The Association may require
an Owner, other than Declarant, to deposit with the
Association an amount not exceeding two (2) times the amount
of the original estimated monthly common assessment~ which
sum shall be held, without interest, by the Association as a
reserve to be used for paying such Owner's monthly common
assessment and for working capital. Such an advance payment
shall not relieve an Owner from making the regular monthly
payment of the semi-annual common assessment as the same
comes due. On the transfer of his Condominium Unit, an Owner
shall be entitled to a credit from his transferee for any
unused portion thereof. Such reserves shall, at all times,
remain as capital of the Association.
21. Additions. Alterations and ImDrovements - General
and Limited Common Elements. There shall be no special
assessments in excess of Twenty Thousand Dollars ($20,000.00)
levied by the Board of Directors in anyone (1) calendar
year, or 'any capital additions, alterations or improvements
of or to the General or Limited Common Elements by the
Association requiring expenditure(s) in excess of Ten
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Thousand Dollars ($10,000.00), in anyone (1) calendar year,
without, in each case, prior approval by a majority of the
members of the Association, except in the event of an
emergency. The limitations set forth above shall not apply
to any expenditures made by the Association for maintenance
and repair of the General Common Elements as set forth in
paragraph eighteen (18) hereof, or for repair in the event of
damage, destruction or condemnation as provided in paragraph
twenty-eight (28) and paragraph twenty-nine (29) hereof.
22. Insurance.
a. Insurance Reauirements Generallv. The
Association shall obtain and maintain in full force and
effect at all times certain casualty, liability and other
insurance as hereinafter provided. All such insurance shall
be obtained, to the extent possible, from responsible
companies duly authorized to do insurance business in the
state of Colorado. All such insurance shall name as insureds
the Association, the Board of Directors of the Association,
the Association's officers, employees and agents, and, if
practicable, the Owners. All such insurance shall protect
each of the insureds as if each were separately insured under
separate policies. To the extent possible, such casualty
insurance shall:
(1) provide for a waiver of subrogation of the
insurer as to claims against Declarant, the Association, its
directors, officers, employees and agents, and against any
Owner, and any Owner's employees and guests:
(2) provide that the insurance cannot be
cancelled, invalidated or suspended on account of the conduct
of the Association, its officers, directors, employees and
agents, or of any Owner, or such Owner's employees or guests:
(3) provide that any "no other insurance"
clause in the insurance policy shall exclude any policies of
insurance maintained by any Owner or mortgagee, and that the
insurance policy shall not be brought into contribution with
insurance maintained by any Owner or mortgagee:
(4) contain a standard mortgage clause
endorsement in favor of the mortgagee of any Condominium Unit
or part of the Project, except a mortgagee of a Condominium
Unit or part of the Project who is covered by other and
separate insurance:
(5) provide that the policy of insurance
shall not be terminated, cancelled or substantially modified
without at least ten (10) days prior written notice to the
Association, and to each Owner and to each mortgagee covered
by any standard mortgage clause endorsement: and
(6) provide that the insurer shall not have
the option to restore the premises if condominium ownership
of the Project is to be terminated in accordance with the
terms of this Declaration, or the Project is to be sold in
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its entirety in accordance with the destruction, condemnation
and obsolescence provisions of this Declaration.
To the extent possible, public liability and
property damage insurance shall provide for coverage of any
cross liability claims of Owners against the Association or
other Owners, and of the Association against Owners, without
the right of sUbrogation. Any insurance policy may contain
such deductible provisions as the Board of Directors of the
Association deems consistent with good business practice.
The Association shall obtain an independent
appraisal of the Project at least every three (3) years, or
more often if the Board of Directors deems it advisable;
provided, however, that said appraisal may be performed by an
appraiser employed by an insurance company.
Certificates of insurance coverage or copies of
insurance policies shall be issued to each Owner and each
mortgagee who makes written request to the Association for
any such certificate or copy of an insurance policy.
The cost and expense of all insurance obtained by
the Association, except insurance covering additions,
alterations Or improvements made to a Condominium unit by an
Owner, or other insurance obtained at the request of and
specifically benefiting any particular Owner, shall be an
expense of the Association.
b. Casual tv Insurance. The Association shall
obtain and maintain casualty insurance covering the Project,
and each Condominium Unit, covering loss or damage by fire
and such other hazards as are cOVered under standard extended
coverage policies, with vandalism and malicious mischief
endorsements, and, if available and if deemed appropriate by
the Association, other casualty risks, for the full insurable
replacement cost of the Project, including each Condominium
unit with an inflation guard endorsement that automatically
increases the amount of coverage by a fixed percentage at
least quarterly. At the option of the Association, such
insurance may also cover additions, alterations or
improvements to a Condominium Unit made by an Owner if the
Owner reimburses the Association for any additional premiums
attributable to such coverage. The Association shall not be
obligated to apply any insurance proceeds to restore a
Condominium Unit to a condition better than the conditions
existing prior to the making of additions, alterations or
improvements by an Owner, in the absence of insurance
covering such additions, alterations or improvements as
aforesaid.
c. Public Liabilitv and Property Damaqe Insurance.
The Association shall obtain and maintain comprehensive
pUblic liability and property damage insurance covering
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personal liability, property damage liability, and automobile
personal and property damage liability of the Association,
its officers, managers, employees and agents, and of each
Owner and each Owner's employees and guests, arising in
conjunction with ownership, operation, maintenance, occupancy
or use of the Project, or of any Condominium Unit in the
Project, with limits of not less than One Million Dollars
($1,000,000) for each occurrence involving bodily injury
liability and/or property damage liability.
d. Workmen's Compensation and Employer's Liability
Insurance. The Association shall obtain and maintain
workmen's compensation and employer's liability insurance as
may be necessary to comply with applicable laws.
e. Insurance by Owners. Insurance coverage on
contents, merchandise, furnishings, including cabinets,
counters, carpet and other floor coverings, draperies, oven
range, gas grills, refrigerators, wallpaper, disposals,
plumbing fixtures such as tubs, sinks and other items of
personal or other property belonging to an Owner, and public
liability coverage within each Unit, shall be the sole and
direct responsibility of the Owner thereof, and the Board of
Directors, the Association and the Managing Agent shall have
no responsibility therefor.
Any insurance policy obtained by an Owner shall be
such that it will not diminish or adversely affect or
invalidate any insurance or insurance recovery under policies
carried by the Association, and shall., to the extent
possible, contain a waiver of the right of subrogation by the
insurer as to any claim against the Association, its
officers, managers, agents and employees, and against the
Owners and their employees and guests. A copy of any
insurance policy obtained by an Owner shall be furnished to
the Association on the written request of the Association.
f. Receipt and Application of Insurance Proceeds.
'Except as some particular person has a legal right to receive
insurance proceeds directly, all insurance proceeds and
recoveries shall be paid to and received by the Association.
All insurance proceeds or recoveries received by the
Association shall be applied by the Association; first, as
expressly provided elsewhere in this Declaration; second, to
the Owners or persons whom the Association may determine are
legally or equitably entitled thereto; and third, the
balance, if any, to Owners in proportion to their respective
interests in Common Elements.
g. Other Insurance by Association. The
Association shall have the power or authority to obtain and
maintain other and additional insurance coverage, including
casualty insurance covering personal property of the
Association, fidelity bonds, or insurance covering employees
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and agents of the Association, and insurance indemnifying
officers, managers, employees and agents of the Association.
h. Owner-Increased Premiums. In the event that,
as a consequence of the hazardous use of any Condominium
Unit, or of any Owner installed improvements to any
Condominium Unit, the premiums of any policy of insurance
purchased by the Association are increased, or special policy
is required, the cost of such increase or specific policy
shall be payable by the Owner of such Condominium Unit.
23. Lien for Nonpavment of Assessments.
a. The Association has a lien on a Unit for any
assessment levied against that Unit, or fines imposed against
its Owner, from the time the assessment or fine becomes due.
Fees, 9harges, late charges, attorney fees, fines and
interest charged, pursuant to subsections '(d) and (e) below,
are enforceable as assessments under this section. If an
aSsessment is paYable in installments, the full amount of the
assessment is a lien from the time the first installment
thereof becomes due.
b. A lien under this section is prior to all
other liens and encumbrances on a Unit, except:
(1) Liens and encumbrances recorded before
the recordation of the Declaration:
(2) A security interest on the Unit which has
priority over all other security interests on the Unit, and
which was recorded before the date on which the assessment
sought to be enforced became delinquent: and
(3) Liens for real estate taxes and other
governmental assessments or other charges against the Unit.
c. A lien for assessments is also prior to the
security interests described in subparagraph (2) of paragraph
b. above to the extent of:
(1) An amount equal to the common expense
assessments based on a periodic budget adopted by the
Association which would have become due, in the absence of
any acceleration, during the six months immediately preceding
institution of an action to enforce the lien, but in no event
shall the priority accorded under this Article 23 to such
lien exceed one hundred fifty percent (150%) of the average
monthly assessment during the immediately preceding fiscal
year multiplied by six: and
(2) Attorneys' fees and costs being incurred
in an action to enforce the lien.
d. If any assessment shall remain unpaid twenty
(20) days from and after the due date thereof, such unpaid
sums shall bear interest from and after the due date thereof
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at a rate of interest equal to four (4) points above the
Prime Rate as set by the Colorado National Bank, N.A., and
the Board of Directors may impose a late charge on such
defaulting Owner, to cover the extra cost and expenses
involved in handling such delinquent assessments.
e. The Association may enforce its lien for
assessments by foreclosure of the defaulting Owner's
Condominium Unit by the Association in like manner as a
mortgage on real property. In any such foreclosure, the
Owner shall be required to pay the costs and expenses of such
proceedings, the costs and expenses for filing the notice or
claim of lien, and all reasonable attorneys' fees. The Owner
shall also be required to pay to the Association the monthly
assessment for the Condominium Unit during the period of
foreclosure, and the Association shall be entitled to the
appointment of a receiver to collect the same. The Board of
Directors shall have the power to bid on the Condominium Unit
at foreclosure sale, and to acquire and hold, lease, mortgage
and convey the same.
f. Any encumbrancer holding a lien on a
Condominium Unit may pay, but shall not be required to pay,
any unpaid common expenses payable with respect to such
Condominium Unit, and, on such payment, such encumbrancer
shall have a lien on such Condominium Unit for the amounts
paid of the same rank as the lien of his encumbrance;
provided, however, that any first mortgagee who acquires a
Condominium Unit by foreclosure or by a deed in lieu thereof
shall acquire title to such Condominium Unit free and clear
of any lien for unpaid common expenses, and shall only be
responsible for common expenses arising after the date on
which such first mortgagee acquires title to the Condominium
Unit, except for those expenses which are a statutory lien
under ~38-33.3-3l6 of the Colorado Common Interest Ownership
Act.
g. The Association shall furnish to an Owner or
such Owner's designee, or to a holder of a security interest
or its designee, upon written request, delivered personally
or by certified mail, first-class postage prepaid, return
receipt, to the Association's registered agent, a statement
setting forth the amount of unpaid assessments currently
levied against such Owner's Unit. The statement shall be
furnished within fourteen (14) business days after receipt of
the request, and is binding on the Association, the Board,
and every Owner. If no statement is furnished to the Owner
or holder of a security interest or their designee, delivered
personally or by certified mail, first-class postage prepaid,
return receipt requested, to the inquiring party, then the
Association shall have no right to assert a prior lien upon
the Unit for unpaid assessments which were due as of the date
of the request. The inquiring party shall pay a reasonable
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fee as specified in the rules
Board upon making the written
this section.
and regulations adopted by the
request for a statement under
h. Each Owner hereby agrees that the Association's
lien on a Condominium Unit for assessments, as hereinabove
described, shall be superior to the Homestead Exemption
provided by C.R.S. S 38-41-201, et. seq. (1973, as amended),
and each Owner hereby agrees that the acceptance of the deed
or other instrument of conveyance in regard to any
Condominium unit within the Project shall signify such
grantee's waiver of the Homestead right granted in the
section of the Colorado statutes.
i. Any recorded lien for nonpayment of the common
expenses may be released by recording a release of lien
executed by a member of the Board of Directors.
24. Owners' Obliqations for pavment of Assessments.
The amount of the common expenses and any special assessment
assessed against each Condominium unit shall be the personal
and individual debt of the Owner or Owners thereof at the
time the assessment is made. Suit to recover a money
judgment for unpaid common expenses or special assessments,
and costs of suit and attorneys' fees, shall be maintainable
without foreclosing or waiving the lien securing same. No
Owner may exempt himself from liability for his contribution
towards the common expenses or any special assessment by
waiver of the use or enjoyment of the General Common
Elements, or by abandonment of his Condominium unit.
25. Liabi1itv for Assessments on Transfer of
Condominium unit.
a. The grantee of a Condominium Unit, except a
first mortgagee who acquires a Condominium unit by
foreclosure or a deed in lieu of foreclosure, shall be
jointly and severally liable with the grantor for all unpaid
assessments against the grantor for his proportionate share
of the common expenses up to the time of the grant or
conveyance, without prejudice to the grantee's right to
recover from the grantor the amounts paid by the grantee
therefor; provided, however, that on payment of a reasonable
fee specified in rules and regulations adopted by the Board
of Directors, on written request, any such prospective
grantee shall be entitled to a statement from the Managing
Agent or Board of Directors setting forth the amount of the
unpaid common expenses, if any, with respect to the subject
Condominium Unit, the amount of the current monthly
assessment, the date that such assessment becomes due, the
amount of any assessment reserve on deposit with the
Association, and any credit for advanced payments for prepaid
items, including, but not limited to, insurance premiums,
which statement shall be conclusive on the Association in
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favor of all persons who rely thereon in good faith. Unless
such request for such a statement shall be complied with
within fourteen (14) days from the receipt thereof, such
requesting grantee shall not be liable for and the
Condominium Unit conveyed shall not be subject to a lien for
any unpaid assessments against the subject Condominium Unit.
26. Mortaaaina a Condominium unit - Priority. Any
Owner shall have the right, from time to time, to mortgage or
encumber his Condominium unit by deed of trust, mortgage or
other security instrument. The Owner of a Condominium unit
may create junior mortgages (junior to the lien, deed of
trust, or other encumbrance of the first mortgagee) on his
Condominium unit on the following conditions: (1) that any
such junior mortgages shall always be subordinate to all of
the terms, conditions, covenants, restrictions, uses,
limitations, obligations, liens for assessments, and other
obligations created by this Declaration and the Bylaws; and,
(2) that the mortgagee under any junior mortgage shall
release for the purpose of restoration of any improvements on
the mortgaged premises all of his right, title and interest
in and to the proceeds under all insurance policies effected
and placed on the Project by the Association. Such release
shall be furnished forthwith by a junior mortgagee on written
request of the Managing Agent, or by one (1) or more of the
members of the Board of Directors of the Association, and if
not furnished, may be executed by the Association as
attorney-in-fact for such junior mortgagee.
27. Restrictive Covenants and Obliaations. The Board
of Directors or the Managing Agent shall have the power to
establish, make, and enforce compliance with all covenants
and obligations hereof, with the right to amend or supplement
from time to time.
a. No Imoerilinq of Insurance. No Owner and no
Owner's guest shall do anything or cause anything to be kept
in or on the Project which might cause cancellation of any
insurance effected and placed on the Project by the
Association.
b. No violation of Law. No Owner and no Owner's
guests shall do anything, or keep anything in or on the
Project, which would be improper, offensive, or in violation
of any statute, rule, ordinance, regulation, permit, or other
validly imposed requirement of any governmental body.
c. No Noxious. Offensive. Hazardous or Annovinq
Activities. No noxious or offensive activity shall be
conducted on any part of the Project; nor shall anything be
done or placed on or in any part of the Project which is or
may become a nuisance or cause embarrassment, disturbance or
annoyance to other Owners or their guests. No activity shall
be conducted on any part of the Project, and no improvements
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shall be made or constructed on any part of the Project, which
are or might be unsafe or hazardous to any person or property.
No sound shall be emitted on any part of the Project which is
unreasonably loud or annoying. No odor shall be emitted on
any part of the Project which is noxious or offensive to others.
No light shall be emitted from any part of the Project which
is unreasonably bright or causes unreasonable glare.
d. No Unsiqhtliness. No unsightliness or waste
shall be permitted on or in any part of the Project. Without
limiting the generality of the foregoing, no Owner shall keep
or store anything (except in designated storage areas) on or
in any of the General Common Elements. No Owner shall hang,
erect, affix or place anything on any of the General Common
Elements (except for decorative items within his Unit), and
nothing shall be placed on or in windows or doors of units
which would or might create an unsightly appearance. All
trash shall be collected in designated areas. No wiring,
television antennae, or other items may be installed which
protrude through windows, walls or roof areas, except as
expressly authorized by the Association or this Declaration.
e. Restriction on Siqns. No signs or advertising
devices of any nature shall be erected or maintained on any
part of the Project, except for those erected by Declarant,
without the prior written consent of the Board. The Board
may permit the placing of at least one (1) sign of reasonable
size and dignified form to identify the Project and the
Condominium Units therein, and shall allow for one (1) for
sale sign at the time of sale of a unit.
f. No Violation of Rules. No Owner and no Owner's
tenants, guests or invitees shall violate the rules and
regulations adopted from time to time by the Association,
whether relating to the use of Units, the use of General or
Limited Common Elements, or otherwise.
g. Owner Caused Damaqes. If, due to the act or
neglect of an Owner or such Owner's tenants, guests or
invitees, loss or damage shall be caused to any person or
property, including the Project or any unit therein, such
Owner shall be liable and responsible for the same, except to
the extent that such damage or loss is covered by insurance
obtained by the Association, and the carrier of the insurance
has waived its rights of subrogation against such Owner. The
amount of such loss or damage may be collected by the
Association from such Owner as an assessment against such
Owner by legal proceedings or otherwise, and such amount
(including reasonable attorneys' fees) shall be secured by a
lien on the Condominium unit of such Owner, as provided
hereinabove, for assessments or other charges.
h. Parkinq of Vehicles. Parking of any and all
vehicles on the Project shall be subject to the rules and
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regulations of the Association. The Association assumes no
responsibility for damage done to automobiles parked on the
project.
i. Restrictions on Parkinq and Storaqe. No part
of the Project, including the pUblic streets and alleyways,
driveways or parking areas, unless specifically designated by
the Association therefor, shall be used as a parking,
storage, display or accommodation area for any type of
trailer, camping trailer, boat trailer, hauling trailer,
running gear, boat or accessories thereto, truck or
recreational vehicle, except as a temporary expedience for
loading, delivery, emergency, etc. (provided this restriction
shall not restrict trucks or other commercial vehicles with
the Project which are necessary for the construction or
maintenance of the Project). Repairing vehicles on the
premises shall not be permitted.
j. Six-Month Rental Restriction. For so long as
required by the city of Aspen, no Owner shall lease his or
her Condominium Unit for a period of less than six (6)
months, except that twice during each calendar year Owners
may lease their Condominium units for lesser periods.
k. Leases. No Owner may lease less than his
entire Condominium Unit, and all leases shall be in writing.
All leases shall provide that the terms of the lease are
subject, in all respects, to the provisions of this
Declaration, and to the provisions of the Articles of
Incorporation, Bylaws, rules and regulations, and decisions
and resolutions of the Association and the Board of
Directors.
1. Pets. Only one (1) dog will be allowed in '
each Unit, and the breed of that dog shall be limited to
either a purebred Golden Retriever or Labrador Retriever. In
the event the Owner of a unit owns a permitted dog, they will
be required to install an invisible electric fence, and the
dog will be required to wear an electric collar whenever it
is in the yard in order to make the invisible electric fence
operational. Only one (1) domestic house cat will be allowed
in each unit.
m. Hot Tubs. An outdoor hot tub on the patio at
ground level, outside of the master bedroom, will be
permitted to be installed by either Owner; provided, however,
that the hot tub is surrounded by landscaping of no less than
three feet (3') in height. No hot tubs will be permitted on
the second floor decks.
n. Outdoor Gas Grills. An outdoor gas grill will
be permitted on the second floor decks which face the alley.
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o. Outdoor Furniture and Eauipment. No swing
sets, permanent furniture or fixtures will be allowed in the
yards.
28. Riqhts of First Refusal bv Owners.
a. In the event any Owner of a Condominium Unit
other than the Declarant shall wish to sell or lease the
same, and shall have received a bona fide offer from another
person, the selling or leasing Owner shall give written
notice thereof to the other Owner(s), together with a copy of
such offer and the terms thereof.
b. The other Owner(s) has the right to purchase
or lease the subject unit upon the same terms and conditions
as set forth in the offer therefor, provided that written
notice of such election to purchase or lease, together with a
down payment or deposit, is given to the selling or leasing
Owner, or his agent, during the ten (10) day period
immediately following the receipt of the notice of the offer
to purchase or lease. The right of first refusal herein
provided shall not apply to leases or sub-leases having a
term of less than ten (10) years, inclusive of options and
rights to reneW the same.
c. Closing of the purchase or lease transaction
pursuant to the exercise of a right of first refusal as
provided in this paragraph twenty-eight (28) shall be
accomplished within ten (10) days after expiration of the
twenty (20) day notice period provided in subparagraph b.
hereof.
ti. In the event any Owner shall attempt to sell
or lease his Condominium Unit without affording to the other
Owner(s) the right of first refusal herein provided, such
sale or lease shall be voidable, and may be voidedpy a
certificate of non-compliance of the Managing Agent or Board
of Directors duly recorded in the office of the Clerk and
Recorder of Pitkin County, Colorado.
However, in the event the Managing Agent or Board of
Directors have not recorded such a certificate of
non-compliance within one (1) year from the date of recording
in the case of a deed delivered in violation of this paragraph,
and one (1) year from the date of possession under a lease
executed in violation of this paragraph, such a conveyance
shall be conclusively deemed to have been made in compliance
with this paragraph and no longer voidable.
The subleasing or subrenting of said interest shall
be subject to the same limitations as are applicable to the
leasing or renting.thereof. The liability of the Owner(s)
under these covenants shall continue, notwithstanding the
fact that he may have leased or rented said interest as
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provided herein. In no case shall the right of first refusal
reserved herein affect the right of an Owner to subject his
Condominium Unit to a trust deed, mortgage or other security
instrument.
The failure of or refusal by the other Owner to
exercise the right to so purchase or lease shall not
constitute or be deemed to be a waiver of such right to
purchase or lease when an Owner receives any subsequent bona
fide offer from a prospective purchaser or tenant.
Except as otherwise provided in this paragraph
twenty-eight (28), and except upon a transfer of title to a
Public Trustee or to a first mortgagee, each grantor of a
Condominium Unit, upon transferring or conveying his interest,
shall incorporate in such instrument of conveyance an agreement
that the grantee carry out the provisions of the "right of
first refusal" as provided in this paragraph twenty-eight (28).
e. In the event of any default on the part of an
Owner under any first mortgage which entitles the holder
thereof to foreclose the same, any sale under such foreclosure,
including delivery of a deed to the first mortgagee in lieu of
such foreclosure, shall be made free and clear of the
provisions of this paragraph twenty-eight (28), and the
purchaser or grantee under such deed in lieu of foreclosure of
such Condominium unit shall be thereupon and thereafter subject
to the provisions of this Declaration and the Bylaws. If the
purchaser in lieu of such foreclosure shall be the then holder
of the first mortgage, or its nominee, the said holder or
nominee may thereafter sell and convey the Condominium Unit
free and clear of the provisions of this paragraph twenty-eight
(28), but its grantee shall thereupon and thereafter be subject
to all of the provisions thereof.
The following transfers are also exempt from the
provisions of this paragraph twenty-eight (28):
(1) The transfer by operation of law of a
deceased joint tenant's interest to the surviving joint
tenant(s);
(2) The transfer of a deceased's interest to
a devisee or devisees by will or his heirs at law under
intestacy laws;
(3) The transfer of an Owner's interest by
treasurer's deed pursuant to a sale for delinquent taxes;
(4) The transfer of all or any part of a
partner's interest as a result of withdrawal, death or
otherwise, to the remaining partners carrying on the
partnership business, and/or to a partner's or partners'
interests between one or more partners, and/or to persons
becoming partners; and
(5) The transfer of a corporation's interest to
the persons ,formerly owning the stock of the corporation as a
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result of a dissolution. A transfer to the resulting entity
following a corporate merger or consolidation; provided,
however, that at least fifty percent (50%) of the stock of the
resulting entity is owned by the stockholders of the corporation
formerly owning the Condominium unit.
If the Owner of a Condominium unit can establish to
the satisfaction of the Managing Agent or Board of Directors
that a proposed transfer is not a sale or lease, then such a
transfer shall not be subject to the provisions of this
paragraph twenty-eight (28).
f. Upon written request of any prospective
transferree, purchaser, tenant, or an existing or prospective
mortgagee of any Condominium Unit, the Managing Agent or Board
of Directors of the Association shall forthwith, or where time
is specified, at the end of the time, issue a written and
acknowledged certificate in recordable form, evidencing:
(1) with respect to a proposed lease or sale
under this paragraph twenty-eight (28) that proper notice was
given by the selling or leasing Owner, and that the other Owner(s)
did not elect to exercise their option to purchase or lease;
(2) with respect to a deed to a first mortgagee
or its nominee in lieu of foreclosure, and a deed from such
first mortgagee or its nominee, pursuant to this paragraph
twenty-eight (28), that the deeds were in fact given in lieu of
foreclosure, and were not subject to the provisions of this
paragraph twenty-eight (28); and
(3) With respect to any contemplated transfer
which is not in fact a sale or lease, that the transfer will not
be subject to the provisions of this paragraph twenty-eight (28).
Such a certificate shall be conclusive evidence of
the facts contained therein.
29. Association as Attorney-in-Fact - Damaae and
Destruction- Obsolescence. This Declaration does hereby
make mandatory the irrevocable appointment of the Association
as an attorney-in-fact to deal with the Project on its
destruction, repair or obsolescence.
Title to any Condominium unit is declared and expressly
made subject to the terms and conditions hereof, and
acceptance by any grantee of a deed from the Declarant or
from any Owner shall constitute appointment of the
attorney-in-fact herein provided. All of the Owners
irrevocably constitute and appoint the Association as their
attorney-in-fact for the purpose of dealing with the Project
on its destruction, repair or obsolescence, as is hereinafter
provided. As attorney-in-fact, the Association, by its
president and secretary, shall have full and complete
authorization, right and power to make, execute and deliver
any contract, deed or any other instrument with respect to
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the interest of an Owner which is necessary and appropriate
to exercise the powers herein granted. Repair and
reconstruction of the improvements as used in the succeeding
subparagraphs means restoring the improvements to
substantially the same condition in which the improvements
existed prior to the damage, with each Unit and the General
Common Elements and Limited Common Elements having
substantially the same vertical and horizontal boundaries as
before. Except as is otherwise herein provided, the proceeds
of any insurance collected shall be available to the
Association for the purpose of repair, restoration or
replacement, unless all Owners and all first mortgagees agree
not to rebuild in accordance with the provisions set forth
hereinafter.
Assessments for common expenses shall not be abated
during the period of insurance adjustment and repair and
reconstruction.
a. In the event of damage or destruction to the
Project to the extent of not more than sixty-six and
two-thirds percent (66 2/3%) of the total replacement cost
thereof, not including land, due to fire or other disaster,
the insurance proceeds, if sufficient to reconstruct the
improvements, shall be applied by the Association, as
attorney-in-fact, to such reconstruction, and the
improvements shall be promptly repaired and reconstructed.
The Association shall have full authority, right and power,
as attorney-in-fact, to cause the repair and restoration of
the improvements.
b. If the insurance proceeds are insufficient to
repair and reconstruct the improvements, and if such damage
is to the extent of not more than sixty-six and two-thirds
percent (66 2/3%) of the total replacement cost of the
Project, not including land, such damage or destruction shall
be promptly repaired and reconstructed by the Association, as
attorney-in-fact, using the proceeds of insurance and the
proceeds of an assessment to be made against all of the
Owners and their Condominium Units. Such deficiency
assessment shall be a Common expense and made pro rata
according to each Owner's interest in the General Common
Elements, and shall be due and payable within thirty (30)
days after written notice thereof. The Association shall
have full authority, right and power, as attorney-in-fact, to
cause the repair or restoration of the improvements using all
of the insurance proceeds and such assessment. The
assessment provided for herein shall be a debt of each Owner
and a lien on his Condominium Unit, and may be enforced and
collected as is provided hereinabove. In addition thereto,
the Association, as attorney-in-fact, shall have the absolute
right and power to sell the Condominium unit of any Owner
refusing or failing to pay such deficiency assessment within
the time provided, and, if not so paid, the Association shall
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:"......"
cause to be recorded .a notice that the Condominium Unit of
the delinquent Owner shall be sold by the Association, as
attorney-in-fact. The proceeds derived from the sale of such
Condominium unit shall be used and disbursed by the
Association, as attorney-in-fact, in the following order:
(1)
assessment liens in
(2)
any first mortgage.
(3) For payment of unpaid common expenses,
including the proration share of the deficiency assessment.
(4) For payment of junior mortgages and
encumbrances in the order of and to the extent of their
priority.
(5) The balance remaining, if any, shall be
paid to the Owner.
For payment of taxes and special
favor of' any assessing entity.
For payment of the balance of the
lien of
c. If the Project is destroyed or damaged to the
extent of more than sixty-six and two-thirds percent (66
2/3%) of the total replacement cost thereof, not including
land, the Board shall adopt a plan for the repair and
reconstruction o.f the Project, and all Owners shall be bound
by the terms and provisions of such plan. The Association
shall have the right to use, in accordance with such plan,
all proceeds of insurance for such destruction or damages, as
well as the proceeds of an assessment to be made against all
of the Owners and their Condominium Units. Any assessment
made in connection with such plan shall be a common expense,
and made pro rata according to each Owner's percentage
interest in the General Common Elements, and shall be due and
payable as provided by the terms of such plan, and not sooner
than thirty (30) days after written notice thereof. The
Association shall have full authority, right and power, as
attorney-in-fact, to cause the repair and restoration of the
improvements using all of the insurance proceeds for such
purpose, notwithstanding the failure of an Owner to pay the
assessment. The assessment provided for herein shall be a
debt of each Owner and a lien on his Condominium Unit, and
may be enforced and collected as is provided hereinabove. In
addition thereto, the Association, as attorneY-in-fact, shall
have the absolute right and power to sell the Condominium
Unit of any Owner refusing or failing to pay such assessment
within the time provided, and, if not so paid, the
Association shall cause to be recorded a notice that the
. Condominium Unit of the delinquent Owner shall be sold by the
Association. The proceeds derived from the sale of such
Condominium Unit shall be used and disbursed by the
Association, as attorney-in-fact, for the same purposes and
in the same order as is provided in subparagraphs (b) (1-5) of
this paragraph.
d. If the Project is damaged or destroyed to the
extent of more than sixty-six and two-thirds percent (66
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/....\
2/3%) of the total replacement cost therof, not including
land, and if the Owners vote not to adopt a plan for repair
and reconstruction, the Association shall forthwith record a
notice setting forth such fact or facts, and, on the
recording of such notice by the Association's president and
secretary, the entire remaining Project shall be sold by the
Association, as attorney-in-fact for all of the Owners, free
and clear of the provisions contained in this Declaration,
the Map, the Articles and the Bylaws. The insurance
settlement proceeds shall be collected by the Association,
and such proceeds shall be divided by the Association
according to each Owner's interest (as such interests appear
on the policy or pOlicies), and such divided proceeds shall
be paid into separate accounts, each such account
representing one (1) of the Condominium Units. Each such
account shall be in the name of the Association, and shall be
further identified by the Condominium unit designation and
the name of the Owner. Thereafter, each such account shall
be supplemented by the apportioned amount of the proceeds
derived from the sale of the entire Project. Such
apportionment shall be based on each Owner's percentage
interest in the General COmmon Elements. The total funds of
each account shall be used and disbursed, without
contribution from one (1) account to another by the
Association, as attorney-in-fact, for the same purposes and
in the same order as is provided in subparagraphs (b) (1-5) of
this paragraph. The provisions contained in this
subparagraph shall not hinder the protection given to a first
mortgagee under a mortgagee endorsement.
e. The Owners may agree that the General Common
Elements are obsolete and adopt a plan for the renewal and
reconstruction; provided, however, that the plan shall have
the approval of the first mortgagees of record at the time of
the adoption of such plan. If a plan for the renewal or
reconstruction is adopted, notice of such plan sha~l be
recorded, and the expense of renewal and reconstruction shall
be payable by all of the Owners as a common expense, whether
or not they have previously consented to the plan or renewal
and reconstruction. The Association, as attorney-in-fact,
shall have the absolute right and power to sell the
Condominium Unit of any Owner refusing or failing to pay such
assessment within the time provided, and, if not so paid, the
Association shall cause to be recorded a notice that the
Condominium Unit of the delinquent Owner shall be sold by the
Association. The delinquent Owner shall be required to pay
to the Association the costs and expenses for filing the
notices, interest at the rate of eighteen percent (18%) per
annum on the amount of the assessment, and all reasonable
attorney's fees. The proceeds derived from the sale of the
Condominium Unit shall be used and disbursed by the
Association, as attorney-in-fact, for the same purposes and
in the same order as is provided in subparagraphs (b) (1-5) of
this paragraph.
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f. The Owners representing an aggregate ownership
interest of one hundred percent (100%) of the General Common
Elements may agree that the Condominium units are obsolete
and the same should be sold. Such plan (agreement) must have
the unanimous approval or consent of every first mortgagee.
In such instance, the Association shall forthwith record a
notice setting forth such fact or facts, and, on the
recording of such notice by the Association's president and
secretary, the entire Project shall be sold by the
Association, as attorney-in-fact for all of the Owners, free
and clear of the provisions contained in this Declaration,
the Map, the Articles and the Bylaws. The sale proceeds
shall be apportioned between the Owners on the basis of each
Owner's percentage interest in the General Common Elements,
and such apportioned proceeds shall be paid into separate
accounts, each such account representing one (1) Condominium
Unit. Each such account shall be in the name of the
Association, and shall be further identified by the
Condominium designation and the name of the Owner. From each
separate account, the Association, as attorney-in-fact, shall
use and disburse the total amount (of each) of such accounts
without contribution from one (1) account to another for the
same purposes and in the same order as is provided in
subparagraphs (b) (1-5) of this paragraph.
30. Condemnation.
a. Conseauences of Condemnation. If, at any time
or times during the continuance of condominium ownership
pursuant to this Declaration, all or any part of the Project
shall be taken, condemned by any pUblic authority, or sold or
otherwise disposed of in lieu of or in avoidance thereof, the
provisions of this paragraph thirty (30) shall apply.
b. Proceeds. All compensation, damages or other
proceeds therefrom, the sum of which is hereinafte~ called
the "Condemnation Award", shall be payable to the
Association.
c. Complete Takina. In the event the entire
Project is taken, condemned, or sold or otherwise disposed of
in lieu of or in avoidance thereof, condominium ownership
pursuant to this Declaration shall terminate. The
Condemnation Award shall be apportioned among the Owners in
proportion to their respective undivided interests in the
General Common Elements; provided, ho~ever, that, if a
standard different from the value of the Project as a whole
is employed to measure the Condemnation Award in the
negotiation, judicial decree or otherwise, in determining
such share, the same standard shall be employed to the extent
it is relevant and applicable.
d. Partial Takina. In the event less than the
entire Project is taken, condemned, or sold or otherwise
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disposed of in lieu of or in avoidance thereof, the
condominium ownership hereunder shall not terminate. Each
Owner shall be entitled to a share of the Condemnation Award
to be determined in the following manner. As soon as
practicable, the Association shall reasonably and in good
faith allocate the Condemnation Award among compensation,
damages and other proceeds, and shall apportion the amounts
so allocated among the Owners as follows:
(1) The total amount allocated to taking of
or injury to the General Common Elements shall be apportioned
among the Owners in proportion to their respective undivided
interests in the General Common Elements.
(2) The total amount allocated to severance
damages shall be apportioned to those Condominium Units which
were not taken or condemned.
(3) The respective amounts allocated to the
taking of or injury to a particular unit and/or improvements
an Owner had made within his own Unit shall be apportioned to
the particular Condominium unit involved.
(4) The amount allocated to consequential
damages and any other takings or injuries shall be
apportioned as. the Association determines to be equitable in
the circumstances.
If an allocation of the Condemnation Award is
already established in negotiation, judicial decree or
otherwise, in allocating the Condemnation Award, the
Association shall employ such allocation to the extent it is
relevant and applicable. Any distribution of the
Condemnation Award made pursuant to this subparagraph shall
be made by checks payable jointly to .the Owners and their
first mortgagees. Upon acquisition by condemnation, unless
the decree otherwise provides, the ownership and. assessment
interest of any unit that has been partially or completely
taken must be reallocated to the remaining Unit in proportion
to the respective allocated interest of the Unit before the
taking. Any remnant of a unit remaining after part o.f a Unit
is taken is thereafter a common element.
e. Reallocation of Interests. Except as provided
in subsection d. of this Article, if part of a unit is
acquired by condemnation, the Association must distribute the
award to compensate the Owner for the reduction in value of
the unit and his interest in the Common Elements, whether or
not any Common Elements are acquired. Upon acquisition by
condemnation, unless the decree otherwise provides:
(1) That unit's ownership and assessment
interests are reduced in proportion to. the reduction in the
size of the Unit; and
(2) The portion of interests divested from
the partially acquired unit is automatically reallocated to
that Unit, and to the remaining unit in proportion to the
- 34 -
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respective interests of that unit before the taking, with the
partially acquired Unit participating in the reallocation on
the basis of its reduced interests.
f. Limited Common Elements. If part of the
Common Elements is acquired by eminent domain, that portion
of any award attributable to the Common Elements taken must
be paid to the Association. Any portion of the award
attributable to the acquisition ofa Limited Common Element
must be equally divided among the Owners of the Unit to which
that Limited Common Element was allocated at the time of
acquisition.
g. Distribution. The Association shall, as soon
as practicable, determine the share of the Condemnation Award
to which each Owner is entitled. Such shares shall be paid
into separate accounts and disbursed as soon as practicable;
provided, however, that in the event of a complete taking,
such distribution shall be made in the same manner as is
provided in subparagraph twenty-eight (28) (b) hereof.
h. Mortaaaee Notice. The Association shall give
timely written notice to each first mortgagee of the
commencement of any condemnation or eminent domain
proceedings, and shall notify the first mortgagees in the
event of the taking of all or any part of the General Common
Elements.
i. Reoraanization. In the event a partial taking
results in the taking of a complete Unit, the Owner thereof
automatically shall cease to be a member of the Association,
and such Owner's interest in the General Common Elements
shall thereupon terminate, and the Association, as
attorney-in-fact for such Owner, may take whatever action is
necessary, and execute such documents as are necessary, to
reflect such termination. Thereafter, the Associa~ion shall
reallocate the ownership and assessment interests determined
in accordance with this Declaration, according to the same
principles employed in this Declaration at its inception, and
shall submit such reallocation to the Owners of remaining
Condominium units for amendment of this Declaration. Any
reallocation of ownership and assessment interests shall be
confirmed by an amendment to the Declaration prepared,
executed, and recorded by the Association.
31. Misoellaneous.
a. Duration of Declaration. All of the provisions
contained in this Declaration shall continue and remain in
full force and effect until condominium ownership of the
Project and this Declaration are terminated, revoked or
amended as hereinafter provided.
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b. Amendment and Termination. Any provision
contained in this Declaration may be amended, or additional
provisions may be added to this Declaration, and condominium
ownership of the Project may be terminated or revoked by the
recording of a written instrument or instruments specifying
the amendment or addition, or the fact of termination and
revocation, executed by the Owners, as shown by the records
of the office of the Clerk and Recorder of Pitkin County,
Colorado, of Condominium Units representing an aggregate
ownership interest of one hundred percent (100%) of the
General Common Elements, and first mortgagees whose liens
encumber an aggregate ownership interest of one hundred
percent (100%) of the General Common Elements; provided,
however, that in no event shall the undivided interest of an
Owner in the General Common Elements be decreased without the
unanimous consent of each Owner and each first mortgagee.
The consent of any junior mortgagees shall not be required
under the provisions of this paragraph. The Association
shall, at least ten (10) days prior to the effective date of
any amendment to this Declaration, except for conditions
imposed by the City of Aspen, notify all first mortgagees of
record of such amendment.
c. Effect of provisions of Declaration. Each
provision of this Declaration and an agreement, promise,
covenant, and undertaking to comply with each provision of
this Declaration, and any necessary exception or reservation
or grant of title, estate, right or interest to effectuate
any provision of this Declaration, shall:
(1) be deemed incorporated in each deed or
other instrument by which right, title or interest in the
Project or in any Condominium Unit is granted, devised or
conveyed, whether or not set forth or referred to in such
deed or instrument;
(2) by virtue of acceptance of any right,
title or interest in the Project, or in any Condom1nium Unit
by an Owner, be deemed accepted, ratified, adopted and
declared as a personal covenant of such Owner and, a.s a
personal covenant, shall be binding on such Owner and such
Owner's heirs, personal representatives, successors and
assigns, and shall be deemed a personal covenant to, with and
for the benefit of the Association, and not to, with or for
the benefit of any other nonaggrieved Owner;
(3) be deemed a real covenant by Declarant,
for itself, its successors and assigns, and also an equitable
servitude running, in each case, as a burden with and on the
title to the Project and each Condominium Unit and, as a real
covenant and also as an equitable servitude, shall be deemed
a covenant and servitude for the benefit of the Project and
each Condominium Unit; and
(4) be deemed a covenant, obligation and
restriction secured by a lien in favor of the Association
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burdening and encumbering the title to the Project and each
Condominium unit in favor of the Association.
d. Protection of Encumbrancer. Subject to the
provisions of paragraph twenty-six (26) above, no violation
or breach of or failure to comply with any provision of this
Declaration, and no action to enforce any such provision,
shall affect, defeat, render invalid or.impair the lien of
any first mortgage or other lien on any Condominium Unit
taken in good faith and for value, and perfected by recording
in the office of the Clerk and Recorder of Pitkin County,
Colorado, prior to the time of recording in such office, an
instrument describing the Condominium Unit, and listing the
name or names of the Owner or Owners of fee simple title to
the Condominium Unit, and giving notice of such violation,
breach or failure to comply; nor shall such violation,
breach, failure to comply, or action to enforce, affect,
defeat, render invalid or impair the title or interest of the
holder of any such first mortgage or other lien, or the title
or interest acquired by any purchaser on foreclosure of any
such first mortgage or other lien, result in any liability,
personal or otherwise, of any such holder or purchaser. Any
such purchaser on foreclosure shall, however, take subject to
this Declaration; provided, however, that violation or
breaches of or failure to comply with any provisions of this
Declaration which occurred prior to the vesting of fee simple
title in such purchaser shall not .be deemed breaches or
violations hereof, or failures to comply herewith, with
respect to such purchaser, his heirs, personal
representatives, successors or assigns.
e. Supplemental to Law. The provisions of this
Declaration shall be governed by and subject to the Colorado
Common Interest Ownership Act, and to all other provisions of
law. .
f. Numbers and Genders. Whenever used herein,
unless the context shall otherwise provide, the singular
number shall include the plural, the plural shall include the
singular, and the use of any gender shall include all
genders.
g. Reqistration bv Owner of Mailinq Address. Each
Owner shall register his mailing address with the
Association, and, except for monthly statements and other
routine notices which shall be personally delivered or sent
by regular mail, all other notices or demands intended to be
served on an Owner shall be delivered personally, or shall be
deemed given when sent by either registered or certified
mail, postage prepaid, addressed in the name of the Owner at
such registered mailing address. All notices, demands or
other notices intended to be served on the Board of Directors
of the Association or the Association shall be sent certified
mail, postage prepaid, to SUGAR DUPLEX CONDOMINIUM
- 37 -
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ASSOCIATION, C/o Gideon I. Kaufman, Law Offices of Gideon I.
Kaufman, P.C., 315 East Hyman, suite 305, Aspen, Colorado
81611, agent for service, until such address is changed by a
notice of address duly recorded with the office of the
Secretary of State of Colorado.
h. Successors in Interest. This Declaration shall
be binding on and shall inure to the benefit of the
Declarant, the Association, and each Owner and the heirs,
personal representatives, successors and assigns of each of
them.
i. Severability. Invalidity or unenforceability
of any provision of this Declaration, in whole or in part,
shall not affect the validity or enforceability of any other
provision, or any valid and enforceable part of a provision
of this Declaration.
j. Captions. The captions and headings in this
Declaration are for convenience only, and shall not be
considered in construing any provision of this Declaration.
k. No Waiver. Failure to enforce any provision of
this Declaration shall not operate as a waiver of any such
provision, or of any other provision of this Declaration.
1. Rule Aqainst Perpetuities. If any of the
options, privileges, covenants, or rights created by this
Declaration shall be unlawful, void or voidable for violation
of the rule against perpetuities, such provision shall
continue only until twenty-one (21) years after the death of
the survivor of the now living descendants of the President
of the United States, George Bush, and Governor of Colorado,
Roy Romer.
32. certificate of Identitv. There shall be recorded,
from time to time, a certificate of identity which-shall
include the addresses of the persons then comprising the
management body (directors and officers), together with the
identity and address of the Managing Agent. Such certificate
shall be conclusive evidence of the information contained
therein, in favor of any person relying thereon in good
faith, regardless of the time elapsed since the date thereof.
IN WITNESS WHEREOF, Declari\~~ has duly executed this
Declaration this ~ day of ~' 1992.
LES~U~ - ~eif
(NOTARY ACKNOWLEDGMENT FOLLOWS ON PAGE 39)
- 38 -
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STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
xL day of -.AM , 1992, by LESLYE D. SUGAR.
,
WITNESS my hand and official seal.
My co_ission expires< "" <>, '''~Q
. OMC Clv\6v\AP~
Notary PubIc
\sugar\condo.dec
- 39 -
unit
East
West
r'I
So. Ft. of
Livino Area
4,040
3,914
.,.-",.
EXHIBIT "I"
Percentaoe Interest in General
Common Elements and percentaoe
Interest in Votino Riohts
50%
50%
- 40 -
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MEMORANDUM
TO:
Mayor and Council
Amy Margerum, City Manager
Diane Moore, city Planning Director~
Leslie Lamont, Planner
THRU:
THRU:
FROM:
DATE:
June 8, 1992
RE:
Sugar .Duplex, 707 W. Smuggler / 700 West Francis,
Subdivision' Exemption for condominiumization, Second
Reading Ordinance 28, Series of 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
SUMMARY: The applicant has requested a subdivision exemption for
condominiumization of a new duplex at 707 West Smuggler and 700
West Francis, Lots G, H, I, Block 15.
PREVIOUS COUNCIL ACTION: Council approved of Ordinance 28 (Series
of 1991) on first reading. Please see attached Ordinance,
attachment A.
BACKGROUND: The applicant has developed a duplex on a parcel that
was vacant except for several out buildings. The applicant seeks
to condominiumize the duplex which is a review by City Council.
Pursuant to Ordinance 1, Series of 1990, the applicant has paid a
housing impact fee to the City of Aspen.
CURRENT ISSUES: Pursuant to Section 24-7-1007
Code the fOllowing criteria shall be
condominiumization of a residential property:
of the Municipal
considered for
a, Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
b. Minimum lease period restricted to six month m1n1mum leases,
with no more than two shorter tenancies per year. According to
the application, the applicant has agreed to provide a deed
restriction stating that the condominium units shall be deed
restricted to six month minimum leases, with no more than 2 shorter
tenancies per year.
c, Affordable Housing Impact Fee. The applicant has already paid
an affordable housing impact fee of $33,986.40 to satisfy Ordinance
1, Series of 1990 for the development of a duplex on a vacant
parcel. The fee was paid October 15, 1991 in full satisfaction of
the applicant's obligation.
d. Inspection of the proposed condominium by the Building
1'""\
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Department. An inspection is not applicable at this time, however
throughout the construction process the buildinq has been inspected
by the Building Department. The project will be subject to a final
inspection pursuant to the issuance of a Certificate of Occupancy.
RECOMMENDATION: Staff recommends approval of the
condominiumization of 707 West Smuggler/700 West Francis with the
following conditions:
1. Prior to the sale of either unit, a condominium. plat which
meets the reqtlirementsof Section 24-7-1004 0 of the Munlcipal Code
and a SUbdivision Exemption Agreement must be filed. The final
plat and aqreement shall be reviewed and approved by the
Engineering and PlanriingDepartments and the city Attorney.
2. Prior to signing the final plat, a site drainage plan meeting
the requirements of Section 24-7-1004 C.4.f of the Municipal Code
and prepared by a registered engineer, must be provided and
constructed. Foundation drainage shall not be conveyed to the
public right-of-way.
3. Prior to signing the final plat, the street drainage ditch on
the Smuggler Street frontage shall be repaired to the satisfaction
of the city Engineer.
4. The final plat shall indicate a 4'x4' utility pedestal
easement. No utility pedestals shall be installed in the public
right-of-way.
5. The applicant shall not obstruct the ROW.
6. 707 West Smuggler and 700 West Francis shall be deed restricted
in accordance to Section 24-7-1007 (A) (1) (b) of the Municipal code
to six-month minimum leases, with no more than two (2) shorter
tenancies per year, shall be dUly recorded in the records of Pitkin
County.
PROPOSED MOTION: "I move to approve the condominiumization of the
Sugar duplex with the conditions as outlined by staff."
"I move to adopt Ordinance No. 28, Series of 1992, on Second
Reading. " '
CITY MANAGER COMMENTS:
Attachments:
A. Ordinance No. 28, Series of 1992
B. Engineering Referral Comments
2
1"""".
,-.,
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THRU:
Amy Margerum, city Manager
Diane Moore, City Planning
Leslie Lamont, Planner
Direc@!
MEMORANDUH
TO: Mayor and Council
THRU:
FROM:
DATE:
April 27, 1992
RE:
Sugar Duplex, 707 W.
Subdivision Ex.emPt~n
Reading Ordinance g) ,
Smuggler I 700 West Francis,
for Condominiumization, First
Series of 1992
-----------------------------------------------------------------
-----------------------------------------------------------------
., ,. ..
SUMMARY: The applicant has requested a subdivision exemption for
condomin iumiz~t . on. of a new d up. lex at 707 West Smuggler and 700
West Francis, Lo s G, H, I, Block 15. Staff recommends approval
of Ordinance (Series of 1991) on first reading. Please see
attached Ordinance, attachment A.
ZONING: R-6, Medium Density Residential
BACKGROUND: The applicant has developed a duplex
'~' was~~.~~~~~sev~~r~,*~,,~~~"\,,~~!~t.~M~~:,;;
",:~, ",""" ~ ." ", ',:-;;, '''''~1;:3;;,'!)O .,'i, """'-,'-,'" ""~"',. ";,/,',' ,':M',;'a.-,.,~,,'''__~
;;:1. ill5 .'~M..''''''''"'''"'.....,"'.c,.._ ,"'_'C', - """".' '.-~.-"'".,c,~s,''''M=,~",._"$+>.L''''",, .. "..'~,""'"'" ".-,%,h;" '"' ...,_":.,$~',h..,,.di$. "
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CURRENT ISSUES: Pursuant to Section 24-7-1007
Code the following criteria shall be
condominiumization of a residential property:
a. Existing tenants must be notified that the units are for sale.
There are no existing tenants as this is a newly constructed
building.
of the Municipal
considered for
b. Minimum lease period restricted to six month minimum leases,
with no more than two shorter tenancies per year. According to
the application, the applicant has agreed to provide a deed
restriction stating that the condominium units shall be deed
restricted to six month minimum leases, with no more than 2 shorter
tenancies per year.
c. Affordable Housing Impact Fee. The applicant has already paid
an affordable housing impact fee of $33,986.40 to satisfy Ordinance
1, Series of 1990 for the development of a duplex on a vacant
parcel. The fee was paid October 15, 1991 in full satisfaction of
.the applicant's obligation.
d. Inspection of the proposed condominium by the Building
r--.
,-.,
.
Department. An inspection is not applicable at this time, however
throughout the construction process the building has been inspected
by the Building Department. The project will be SUbject to a final
inspection pursuant to the issuance of a Certificate of Occupancy.
RECOMMENDATION: Staff recommends approval, on first reading, of
the condominiumization of 707 West. Smuggler/700 West Francis with
the following conditions:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of section 24-7-1004 D of the municipal code
and a SUbdivision Exemption Agreement must be filed. The plat and
agreement shall be reviewed and approved by the Engineering and
Planning Departments and city Attorney.
2. Prior to signing the final plat, a site drainage plan meeting
the requirements of Section 24-7-1004 C.4.f and prepared by a
registered engineer must be provided and constructed. . Foundation
drainage shall not be conveyed to the public right-of-way.
3. Prior to signing the final plat, the street drainage ditch on
the Smuggler Street frontage shall be repaired to the satisfaction
of the city Engineer.
4. The final plat shall indicate a 4 'Jl:4' utility pedestal
easement. No utility pedestals shall be installed in the public
right-of-way.
5. The applicant shall maintain an unobstructed, five foot Wid~. C~
sidewalk area for pedestrian use in the portion of the public ROW O-J
located between the edge of pavement and the applicant's property ~_ ~,
line. ~.6' I
6. 707 West Smuggler and 700 West Francis shall be restricted by 1-
an approved and recorded agreement which shall be duly recorded in
the real estate records of Pitkin County to ensure compliance with
the lease restriction and evidences the applicant's compliance with
the minimum lease requirements of the Code as required by section
7-1007 (B) (1) .
PROPOSED MOTION: "I move to approve the condominiumization of the
Sugar duplex with the conditions as outlined by staff."
"I move to read Ordinance No. ~ Series of 1992, on First
Reading."
'"
CITY MANAGER COMMENTS:
Attachments:
A. Ordinance No. , series of 1992
B. Engineering Referral Comments
2
,
".'"
,-"
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MEMORANDUM
d.1;y CowlCil ~fhf1; B
ApprOVEld .19_
By Ordinance
To: 'Leslie Lamont, Planning Office
From: Chuck Roth, Oty Engineer Cv{L
Date: April 12, 1992
Re: Sugar Subdivision Exemption for Condominiumization
Having reviewed the above ref~renCed'applicatiori, and having made a'site.inspection, the
engineering department has the following comments:
1. Site drainage - The submitted drainage plan is conceptually acceptable. except for the
proposal to pump foundation drain water to the public right-of-way. The foundation drain
system may not be drained to the public right-of-way. The applicant may contact the
Sanitation District to see if they will accept foundation drainage. . Another alternative is
to provide additional dJ:y well capacity for foundation drainage. Also, the final drainage
plan must meet the requirements of Section 24-7-1004 CA.f of the municipal code. Site
drainage calculations and dJ:y well sizings must be provided by an engineer.
There is a known street drainage problem at this site. All of the neighbors on the
south side of the 700 block of East Smuggler have installed street drainage improvements.
These improvements have not been curb and gutter, which is permitted or suggested by
the Pedestrian Bikeway Plan. The improvements have been improved street drainage
ditches. Therefore, in lieu of requiring curb and gutter, the engineering department
recommends that the applicant provide street drainage ditch improvements on the
applicant's Smuggler Street frontage. The grade of the ditch bottom needs to be
improved, and the drainage of the ditch into the soil needs to be improved because this
section of ditch will still have an insufficient grade to function well. It is recommended
that the applicant install at least a one foot square cross section of 3/4" washed rock
beneath the flow line of the.ditch in order to aid percolation of drainage into the soil and
in order to preclude ponding and stagnant water as has been the case at the site. It is
recommended that the applicant consult with the same engineer that provides the site
drainage study for recommendations for constructing a functioning street drainage ditch
on the applicant's Smuggler Street frontage.
2. Given the continuous problems of unapproved work and development in public rights-
of-way, we would advise the applicant as follows:
The applicant shall consult city engineering (920-5080) for design
r'\
~\
considerations of development within public rights-of-way and shall obtain
permits for any work or development within public rights-of-way from city
streets department (920-5130).
Recommended Conditions of ApJlroval
1. Prior to the sale of either unit, a condominium plat must be filed which meets the
requirements of Section 24-7-1004 D of the municipal code.
2. Prior to signing the final plat, a site drainage plan meeting the requirements of Section
24-7-1004 C.4.f and prepared by a registered engineer must be provided and constructed.
Foundation drainage shall not be conveyed to the public right-of-way.
3. Prior to signing the. final plat, the street ~age ditch on the Smuggler Street frontage
shall be repaired to tbe'satisfaction of the City Engineer.
4. The final plat shall indicate a 4'x4' utility pedestal easement. No utility pedestals shall
be installed in the public right-of-way.
5. The applicant shall maintain an unobstructed, five foot wide sidewalk area for
pedestrian use in the portion of the public ROW located between the edge of pavement
and the applicant's property line.
6. The applicant shall agree to join any future improvement districts which may be
formed for the purpose of constructing improvements in the public right-of-way.
cc: Bob Gish, Public Works Director
Jack Reid, Street Superintendent
M92.122
~
~
ASPEN/PITKIN PLANNING OFFICE
130 S. Galena street
Aspen, Colorado 81611
(303) 920-5090 FAX# (303) 920-5197
March 17, 1992
Mr. Gideon Kaufman
315 East Hyman Avenue, suite 305
Aspen, CO 81611
Re: Sugar Condominiumization
Case A20-92
Dear Gideon,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete.
We have scheduled this application before the Aspen City Council
on Monday, April 13, 1992 at a meeting to begin at 5: 00 p.m.
Should this date be inconvenient for you please contact me within
three working days of the date of this letter. After that the
agenda date will be considered final and changes to the schedule
or tabling of the application will only be allowed for unavoidable
technical problems. The Friday before the meeting date, we will
call to inform you that a copy of the memo pertaining to the
application is available at the Planning Office.
If you have any questions, please call Leslie Lamont, the planner
assigned to your case.
Sincerely,
Cindy Christensen
Administrative Assistant
form:complete.cc.no.ph
TO:
FROM:
RE:
DATE:
,~
^
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920-5090 FAX 920-5197
MEMORANDUM
City Engineer
Leslie Lamont, Planning Office
SUGAR SUBDIVISION EXEMPTION/CONDOMlNIUMIZATION
Parcel ID No. 2735-124-08-001
March 17, 1992
Attached for your review and comments is an application submitted by Gideon Kaufman,
representing Les1ye Sugar, requesting subdivision exemption/condominiumization.
Please return your comments to me no later than April 3, 1992.
Thank you,
.,-,
~.
MAR - 5 1992
LAW OFFICES
GIDEON I. KAUFMAN
GIDEON I. KAUFMAN
A PROFESSIONAL. CORPORATION
BOX t0001
315 EAST HYMAN AVENUE, SUITE 305
ASPEN. COL.ORADO 81611
, A.~O'
. ...... I
c;;''"I3:>._. \d."I::-O ~:OO
'" ..".,...." -,. TELEPHONE
AREA CODE 303
92!5-8166
TELEFAX 925-1090
March 5, 1992
Ms. Leslie Lamont, Planner
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
HAND-DELIVERED
Re: Application for Subdivision Exemption: Condominiumization
of 707 West Smuggler, Aspen, Colorado
Dear Leslie:
We are counsel to Ms. Leslye D. Sugar ("Applicant"). On behalf
of Applicant, we are applying for a s~bdivision exemption, pursuant
to s7-l003.A.4. of the Land Use Regulations of the City of Aspen
(the "Code"). Enclosed is Applicant's check in the amount of
$1,002.00 for the application fee plus the Engineering fee, together
with three (3) sets of the following documents:
1. Land Use Application form.
2. Authorization to Submit Land Use Application, dated March
5, 1992, from Leslye D. Sugar, authorizing the Law Offices of Gideon
I. Kaufman, P.C. to act on her behalf.
3. Pre-Application Conference Summary.
4. Copy of Administrator with will Annexed's Deed certifying
ownership, recorded in Book 651 at Page 774.
5. Letter from Gretchen Greenwood addressing drainage.
6. Proof of payment of Ordinance No. 1 In-Lieu Fee.
7. Applicable paragraph of Condominium Declaration which
restricts leases to six (6) months.
We will deliver the proposed Condominium Map to you next week.
In the meantime, please let me know if any further items are needed
to complete this application. Thank you.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.c.,
a Profession I Corporation
By
GK/bw
Enclosures
cc: Leslye D. Sugar
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H:,,:/ -.."iU :'11
I, ..\ 1-' 61992 :1
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LAW OFFICES
GIDEON I. KAUFMAN
GltlEON I. KAUFMAN
A PROFESSIONAL CORPORATION
BOX 10001
315 EAST HYMAN AVENUE. SUITE 305
ASPEN. COLORADO 81611
.J
TELEPH'ON'if
AREA CODE 303
925-8166
TELEFAX 925-1090
March 13, 1992
HAND-DELIVERED
Ms. Leslie L9mont, Planner
Aspen/Pitkin County Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Application for Subdivision Exemption: Condominiumization
of 707 West Smuggler, Aspen, Colorado
Dear Leslie:
Enclosed please find three copies of the proposed condominium
map for Sugar Duplex, prepared by Aspen Survey Engineers.
Hopefully, this will complete our application.
If you have any questions or need additional information,
please feel free to call.
Very truly yours,
LAW OFFICES OF GIDEON I. KAUFMAN, P.C.,
a Pro essional Corporation
By
GK/bw
Enclosures
cc: Leslye D. Sugar
,:\',~ '
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AUTHORIZATION TO SUBMIT LAND USE APPLICATION
THE UNDERSIGNED, LESLYE D. SUGAR, as owner of the property
located at 707 West Smuggler, and described as Lots G, H, and
I, Block 15, City and Townsite of Aspen, Pitkin County,
Colorado, hereby authorize the Law Offices of Gideon I.
Kaufman, P.C. to submit an Application for Subdivision
Exemption and Condominiumization to the Aspen/Pitkin County
Planning Office on my behalf.
---
DATED this ,~ day of March, 1992.
J
Cli<vt~/( ;y
LESLYE D.'SUGAR
\sugar\authoriz.let
ll-u-(' i_
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/
. :l~~
r""'\ l\T.mOlMENr 1
..AND USE APPLICl\TICN FORM
,-..
.1} Project Nane SUGAR DUPLEX, A CONDOMINIUM
.' - I
2}. ' Pioject I.ocation Lots G, H, and I, Block 15, City and Townsite of Aspen;
a/k/a 707 W. Smuggler, Aspen, CO
(irxlicate street address, lot & block number, legal description where "
awropriate)
3) P.reserrt; zoning
R-6
4} Lot Size 9,000 sq.ft.
5} Applicant's Nane, ~ & Phone # LESLYE D. SUGAR,~828 W. North Street,
Aspen, CO 816'11 303-920-4891
6}
Representative's Nama, ~ & Ihone #
Gideon Kaufman, Law Offices of Gideon
I. Kaufman, P.C., 315 E. Hyman, Suite 305, Aspen, CO 81611; 303-925-8166
7} Type of Application (please d1eck all ~t awly):
Corrlitional Use
_ Conceptual SPA
_ Final SPA
_ Conceptual roD
_ Final IUD
_ Conceptual Historic D:w.
_ Final Historic D:w.
_ Special Review
8040 Greenline
_ Minor Historic D:w.
.>.
_ stream Mal:gin
~ Historic DeIOCllition
. _ Historic resignation
_ Gu; AllOboont
_ Gu; Exenption
Newly constructed side-by-side residential duplex
9} Dascription of Develcpoont Application
Subdivision Exemption/Condominiumization
10} Have you attadJed the fOllowin.J?
Response to Attachment 2, Minini.nn Snhni<;,>ion Ulnterrt:s
~ Response to Attachment 3, Specific Snhnk",ion Ulnterrt:s
~ Respollse to Attachment 4, Review ~ for Ywr Application
~\~~.,;,.
.1""'\
1""'\
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CITY OF ASPEN
PRE-APPLICATION CONFERENCE SUMMARY
PROJECT:;S l)[SC'~ f)up( ~
APPLICANT'S REPRESENTATIVE: C~: J.. 0 ..l'w, ~ H~.....
REPRESENTATIVE'S PHONE: ::)- '8l (Q. Le
OWNER'S NAME: ~ 1~ e cD.. 2) 03 o..,y-
. SUMMARY
L Type of Application: ~"'-C~''''\}V''''' .<%.rAJ iC\Y\
. ,
2. Describe action/type of development being requested:
Lcr1-~ Co: rt,. 1 ~)~111 5". K'" tQ ~ ..J 9/JOO~
ot"'\~.~~J~pl~ ,', .
'Jr:~ 'J''':
"3. Areas is which Applicant has been requested to respond,
types of reports requested:
. Policy Area/
Referral Aqent
Comments
~i ~~~{'\cS
5.
Public Hearing:
CC Only)
(P&Z then to CC)
4.
Review is: (P&Z
(NO)
Number of copies of the application to be submitted:~ ~
What fee was applicant requested to submit: 9 I a + 1C') .JI1Q:::)
, .
8. Anticipated date of submission:
~~~11hf~Y~lY~N~~?'t1~~lrrJ.J
r frm.pre app
6.
7.
~) .
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"-
,W334663'"t""\-. /91 15: 36 Ree $1 I). 00 Sf 1'-" PG
. Silvia ri~.;.ci, Pitkin Cnty Clerk, Doc.-.'. 1.50
774
,/
~ECORDING REQU~STED BY
AND WHEN RECORbED MAIL TO
.
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MAIL TAX STATEMENTS TO
(Space above this line for
recorder's use)
~ ADMINISTRATOR WITH WILL ANNEXED'S DEED
~
0a
----
~ TRUST SERVICES OF AMERICA, INC., as Administrator with
-
m Will Annexed of the Estate of MARCIA S. GROVER, also known as
. -
~ MARCIA S. WILLIAMS and MARCIA SHERMAN, deceased, Los Angeles
H ~ County, California, superior Court Case No. NCP 13556 G,
!~ .1
. PI
,8l!t:l pursuant to the full authority granted to it under the
1E--tPt:\ _
: ~ .:!... Independent Administration of Estates Act,. California Probate
l~ 1)01 \"
J ~..::.. Code Section 10400 et seq., hereby conveys to LESLYE D.
c.lr
SUGAR, without any representation, warranty, or covenant of
any kind, express or implied, all right, title, interest, and
estate of the decedent at the time of death and all right,
title, and interest that the estate may have subsequently
acquired by operation of law or otherwise in the real
property situated in the County of Pitkin, State of Colorado,
legally described as follows:
PAGE 1 OF 2 PAGES
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1t3346.63 07/':"'" 15:36 Rec $10.00 BK 651 ~775
Sil vi a Davi 5,' tki n Cnty Cl erk, Doc $62~.;.
..
~
"
,
LOTS G, H, I, BLOCK 15, CITY AND TOWNSITE OF ASPEN
i
DATED: ;J (,; I.. V I ':L. I '1 q I
,
TRUST SERVICES OF AMERICA, INC.
BY:
~.If~~!""l'~',
-J;. .' ~',.. ,,~ E R. '. i(.':':',), ,
...,.., I" "'f? .', ',......... ,<. '
f-'-' J , .,tV.'.... .
V'ce presldent ' - .' ~. . .'.......
.... .... , .:.~ ,.". ", '. e')
I' i ~) 1~~,:"fS\~~, ; ;':\. ~ 1(') \
,lU .n.',..,...,n.'II, ....i " \
lJr). . ,""'V'I'_ \ 'l'! '"
1.,.,1' .O~'::'()S"V'tl.t'-: "
."'':'_' ~.tJ :':~()'}':'/!!4i 0' ):' ~
~"" f ....~.'j,:.-';~,...:l {<:",',~ "f
~ 1'",. '. ,:,"', Ji. \... .- ,Ii' _1.,
.r '." J,
Secretary", ,i ..........~. ~,:,..'":
" ,.I, r' \.: ."
'1'1' .~ j . v ,.;,\
I_"",..!.ti..~}"~',
....: ./,.-'
BY:
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
On ...Ju.I...l( /..:!.. ,1991, before me, the undersigned, a
I
Notary Public of the State of Calif~rnia, personally appeared
J1f/C'/flfc L ~, A /0 Of:; ,Vice President of TRUST SERVICES
OF AMERICA, INC., and YcIK/ S;'rff/',v-9-G--1 , Assistant
Secretary of TRUST SERVICES AMERICA, INC., personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
persons whose names are subscribed to the within instrument and
acknowledged to me that each of them executed the same in his or
her authorized capacity, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
WITNESS my hand and official seal.
C-c 2 :::::- -:1
NOTARY PUBLIC -- CALIFORNIA
OFFICIAL SEA~!
OSCAR F. MENA
. NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN
LOS ANGELES COUNTY
MY CBMMISSIO!iJ~PIRES J~.~E I, 1994
... ... y y . . .. ... ... ,...'............~- _ . ';"':;'H~~
PAGE 2 OF 2 PAGES
From 303/92~::!.7490 GRETn GREEI~WOOD 8. ASSOCIATES, I1~C 1'!a'?4,1992 02:54 PI'! P01
GRETCHEN GREENWOOD & ASSOCIATES, INC.
ARCHITECTURE. INTERIOR DESIGN. PLANNING
March 3, 1992
Gideon Kaufman
315 E. Hyman AVenue
Aspen, CO 81611
Re: Surface Water Runoff
Dear Gideon:
The drainage plan for the surface water runoff for the Sugar
duplex located on Lote G, H & 1. Block 15, City and Townsite of
Aspen is as follows:
A. Water runoff from the two concrete drivsways located at
the south of the property 1s being collected by two trench drains
that are connected to an underground 150 gallon drywell.
B. Water runoff from the roof will be collected by gutters
at the eave surface and drained to two 75 gallon drywells.
C.
pump and
property
Underground foundation drains are connected to a
pumped to daylight at the northwest corner of the
and drained to the ditch along Smuggler Avenue.
sump
D. Additional surface water that is not absorbed into the
ground or eVliIporated will drain toward the 6th Street and the
Smuggler Street ditch.
If you have any questions, please contact me.
Sincerely,
.~~
Architeot
tOI N. MILL, STE, 201' ASPEN, CO 81m. TEL: 30,mH502' FAX: 30,/92501~90
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ASPEN
GALENA
81611 .
~
. C r,.TV OF
130 SOUTH
ASPEN~ Ci'j)
:920-5000
RECE I PT '"' 1450041."
Date: 10/15/91 Time: 14:50134 ! ,
Cashier: I'll St'. i
~~~E~~:~~~f~~; l;:;::;:~:::;:;RK DED r...,~.i
. Code:, RY383 . Amo~mt: $6. 240.1313 I
l' Program: ,I . I
Amount tendered: CASH ,t. .00 i "1
CHECK 6.249.013 I' '
TOTAL 6.2413.001
CHANGE .00 r i
,I , ! i
I' . T H A N K . V 0 U! I !
',"1 -----------,------,--_J
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CITY OF
130 SOUTH
ASPEN~ CO
:920-5000
RECEIPT,", 145021,
i
ASPEN
GALENA
81611
" Date: 10/15/91 'Time: 14:5021
, Cashier: 131 St..
.! Re Ference: PMt 1-408/SlIGAR/PMT IN LIE
Account Number:
Ledger Account: 150000000063050
Code: RY480 Amount: $33.986.49
Program: ."
".' ,
,
".,
Amount tendered: CASH
CHECK
TOTAL
CHANGE
.09
33.986.40
33.986.40 l
.00 !
!
,
i'
T H A N K V OU! i
,
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